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Cif �,� \ \� \ \�; \ ., - f � , `ia f� �` �, � �� j ; RESOLVED that the site plan of Cliffside/Tidemark Hotel S \ \ w -� \ G which is composed of the following: a site plan (dated as Q received by the Planning -Board on October 13, 1989) and a R \♦ `� �`1�� /tir,i^,� \ �. v/L\T� drainage plan (dated as received by the Planning Board on i ` \ \ l_ \I� 11j• � ,�3 ; ) /��� ! November 30, 1989) and a floor plan (dated as received by the Planning Board on December 7, 1989), be approved. The following conditions are included in this !1\( approval: f 1 None of the individual hotel units may exceed the a ' ° :♦ �,\ i Q .ram .� \ r'� square footage noted on the attached floor plans \/�- (Dated as Received by the Planning Board on December f i 7, 1989) of this approved site plan. The stairs down the face f e of the bluff are NOT included in this approval. ' A separate amended application for a the stairs will have to be made approval for once the appropriatepermitE r Bureau of p is obtained from the Marine Habitat Protection of the New York ( j \ �C 3 ` `.ti T State Department of Environmental Protection. -��3 \ j '� \ \ �_ice: din \\ z * ` \'\ ;. '. J — --- ----_ 1 n t \ \ 777t PLAN' R a LD 72 \ - ATEE 17 E \ 3 t /I � T .. 9 \ ,.. : f,...•-^ . !(`!}• ^^' i r r a,,:R —,- / -.) .-`-•.'! ",r,,. V ,J \ �r. k�:.-� 4 i •.��- ,-�s j . --•'..,,.:„ :t _; _�J'- , „- -, � :i _ Cam ) + ,_'�-s_,..--_,_ �o� .J �- t Si � l••�+"S' LTI .> Mv;c_! L-s�,+j ��.,_. '-� y -`,- . , ; ,J` ram_; �E I':., (3t' �. fTT I _1 C � I 1, i� ~y E[2 ^ _.t I ���1� .,_9 r'.� ,- -�,c+ ; �= .k --- - rt i, ,.;�'. t�.C� tSfJt�""(1N M �. j \ _ .1 i .1 �" `1- j '�1 C�i: t-.J L L �l >it ��f�,✓l '� r r" L' „. I't., W,. q' SE SF,' MOVE- lsT MaTZ,.� UW, ,&T GC411-t;' �it� o� M}� �,r •/j +a , ` \ j]^•`�' /.�/ f ,.-X " r ` - '\�,_.�...,, s'. + 'i'• ,•µ A t-. 1`-"' , V� t`1�,`��T•"'— ' 1 ► I�� + �..�1ye ��■/a�� �t\ �1�'AFL-► A w f ��(/�� ` V5s(� ,J( `L � y �-�.'' /�X. � �,1 { (/��/j� + Olt '<7 �� �../��N ��1����'�1.I� �, `4.+ i�.1f - \ �• �-J��j..i ,l�"f� �� „I-. �h.. _.-S.� /V�.�('y+J '. i�lT, t •I` '+,,.,{ [ f / i/ I zv .., \� t r \� �-.r—r 1 -r ^ •�" +. r 1 - •• / i, J „ + �j L,,� { i- 3 ?`,max.r`• r' ' P—)(% i--s-5 _ 1' � � ( `.,, �.:G___� � C~.._.. f � i,L�. " , ',_„_,;,�,✓•r;\ t� C a .._.:��('.VM.f.fir �\' L""_'� � f. y1.y+.'- i r ..�l` � 1 6i 3 � Town Hall. 53095 Main Road P.O. Box 1 179 Southold. New York 11971 TELEPHONE ` (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 27 , 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark SCTM 41000-45-1-1 Dear Mr. Raynor: The letter sent to you on December 20th had an incorrect version of the resolution. Please substitute this letter for that one. The following action was taken by the Southold Town Planning Board on Monday, December 18, 1989.. RESOLVED that the site plan of Cliffside/Tidemark Hotel which is composed of the following: a site plan (Dated as received by the Planning Board on October 13, 1989) and a drainage plan (dated as received by the Planning Board on November 30, 1989) and a floor plan (dated .as received by the Planning Board on December 7, 1989) , be approved. The following conditions are included in this approval: 1. None of the individual hotel units may exceed the square footage noted on the attached floor plans (Dated as received by the Planning Board on December 7 , 1989) of this approved site plan. 2. The stairs down the face of the bluff are NOT included in this approval. A separate amended application for approval for the stairs will have to be made once the appropriate permit is obtained from the Bureau of Marine Habitat Protection of the New York State Department of Environmental Protection. RESOLVED that the Chairman be authorized to sign the site plans onto which the aforementioned conditions have been attached. Enclosed please find a copy of the endorsed plan for your records. If you have any questions, please do not hesitate to contact this office. truly your, SIUY . I., Bennett Orlowski, Jr. Chairman enc. cc: Building Department Assessor' s Office vs PLANNING BOARD MEMBEMS- ��+�F I Town Hall, 53095 Main Road RICHARD G.WARD Chairman Q P.O. Box 1179 Southold,New York 11971 GEORGE RITCHIE LATHAM,JR. Fax(516) 765-3136 BENNETT ORLOWSKI,JR. y. WILLIAM J. CREMERS ® _ Telephone (516) 765-1938 KENNETH L.EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 12, 1996 Kenneth Tedaldi P.O. Box 815 Quogue, NY 1 1959 Dear Mr. Tedaldi: Re: Cliffside at Greenport Although you were not present at the Planning Board's work session on Monday,June I Oth, I discussed your inquiry as to the possibility of applying for an extension of site plan approval, The Planning Board's response remains as stated in its letter of January 7, 1994, a copy of which I enclosed for your convenience. If you have further questions regarding other development proposals, you can either write a letter outlining your proposed action or you can ask for placement on a work session agenda. Sincerely, Valerie Scopaz Town Planner enc. PLANNING BOARD MEMBERS s:�'• _� SCOTF L. HARRIS Richard G. Ward. Chainnan J '� Supervisor George Ritchie Latham,Jr. � Bennett Orlowski.Jr. ( Town Hall, 53095 Main Road Mark S. McDonald _:... P. O. Box 1 179 Kenneth L. Edwards Southold, New York 11971 Telephone(516) 765-1938 PLANNING BOARD OFFICE Pax(516) 765 - 1823 TOWN'OF SOUTHOLD January 7, 1994 George Wetmore P.O. Box 627 Greenport, NY 11944 RE: Cliffside at Greenport SCTM# 1000-45-1-2 . 1 Dear Mr. Wetmore: We apologize for the clerical error in our letter to you, dated January 5 . The following is the corrected text. The Planning Board has received your letter of December 29, 1993 , requesting an extension of site plan approval for the above referenced project. The site plan was approved on December 18, 1989 . As it has been over four years from the date of approval, the Board will require a new site plan application for this project. If you have any questions, or require further information, please contact this office. Sincerely, Richard Ward v Chairman cc: Thomas Fisher, Building Inspector In Charge PLANNING BOARD MEMBERS ' t k '�=x,� � ;,' �� SCOTT L. HARRIS Supervisor Richard G.Ward,Chairman George Ritchie Latham,Jr. == r Town Hall, 53095 Main Road Bennett Orlowski,Jr. � ���� P.O. Box 1179 Mark S. McDonald Southold,New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE rax(516) 765- 1823 TOWN OF SOUTHOLD January 7, 1994 George Wetmore P.O. Box 627 Greenport, NY 11944 RE: Cliffside at Greenport SCTM# 1000-45-1-2.1 Dear Mr. Wetmore- We apologize for the clerical error in our letter to you, dated January 5. The following is the corrected text. The Planning Board has received your letter of December 29, 1993, requesting an extension of site plan approval for the above referenced project. The site plan was approved on December 18, 1989. As it has been over four years from the date of approval, the Board will require a new site plan application for this project. If you have any questions, or require further information, please contact this office. Sincerely, • C�' j G���vrS Richard Ward Chairman cc: Thomas Fisher, Building Inspector In Charge December 29, 1993 Mr. Richard Ward, Chairman Southold Town Plan Board P.O. Box 1179 Southold, N.Y. 11971 Re: Cliffside at Greenport Dear Mr. Chairman, Mr. Kenneth Tedaldi recently applied for a building permit to complete the project known as Cliffside, SCTM #: 1000-45-1-2. 1. The permit was denied as the site plan had expired. We formally request for reinstatement of site plan approval by granting a 3 year extension of same. Through no fault of Mr. Teldaldi, shortly after he commenced construction, the Eastern Federal Savings and Loan whom gave him the commitment was taken over by the FDIC and R.T.C. and his commitment was canceled due to the hard economic times. He has been unable to secure another commitment till now. The village of Greenport has told me they would reinstate the water and sewer contracts if the plan was recertified. Thank you for your attention in this matter and your necessary action. Best regards, George Wetmore Agent for Mr. Kenneth Tedaldi LU JAN 41994 _. sit s� J • d. ' � , PLANNING BOARD MEMBERS " SCOTT L. RABBIS Supervisor Richard G.Ward,Chairman George Ritchie Latham,Jr. , Town Hall, 53095 Main Road Bennett Orlowski,Jr. P.O. Box 1179 Mark S. McDonald Southold,New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE Fax(516)765- 1823 TOWN OF SOUTHOLD January 5, 1993 George Wetmore P.O. Box 627 Greenport, NY 11944 RE: Cliffside at Greenport SCTM# 1000-45-1-2.1 Dear Mr. Wetmore: The Planning Board has received your letter of December 29, 1993 , requesting an extension of site plan approval for the above referenced project. The site plan was approved on December 18,;-19 l:,As it has been over four years from the date of approval,---the` Board will require a new site plan application for this project. If you have any questions, or require further information, please contact this office. Si cer 1y, V� � _ KI ard G. Ward Chairman -" cc: Thomas Fisher, Building Inspector In Charge v December 29, 1993 w. Mr. Richard Ward, Chairman Southold Town Plan Board P.O. Box 1179 Southold, N.Y. 11971 Re: Cliffside at Greenport Dear Mr. Chairman, Mr. Kenneth Tedaldi recently applied for a building permit to complete the project known as Cliffside, SCTM #: 1000-45-1-2. 1. The permit was denied as the site plan had expired. We formally request for reinstatement of site plan approval by granting a 3 year extension of same. Through no fault of Mr. Teldaldi, shortly after he commenced construction, the Eastern Federal Savings and Loan whom gave him the commitment was taken over by the FDIC and R.T.C. and his commitment was canceled due to the hard economic times. He has been unable to secure another commitment till now. The village of Greenport has told me they would reinstate the water and sewer contracts if the plan was recertified. Thank you for your attention in this matter and your necessary action. Best regards, George Wetmore Agent for Mr. Kenneth Tedaldi .,ems ,-,'`.-�t' '}uj,.• .1�2�.�_�.. . ,StcnjF�C.� � V APPEALS BOARD MEMBERS t��, '°' '� SCOTT L.HARRIS k , Supervisor-4 Gerard P.Goehringer, Chairman Nxu ' Town Hall, 53095 Main Road �� . Serge Doyen,Jr. � <� v `� James Dinizio,Jr. P.O.Box 1179 Robert A.Villa ��e � Southold, New York 11971 Richard C.Wilton Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD August 19, 1993 Richard T. Haefeli, P.C. 48G Main Street Box 1112 Westhampton Beach, NY 11978-1112 Re: Appl. No. 4039 - Cliffside Associates Dear Mr. Haefeli: With reference to the above application, please find enclosed a copy of the Board' s determination rendered at our Regular Meeting held August 18, 1993 . In the event your client decides to proceed with a use variance, please submit the appropriate filing fee of $250. 00 ($400. 00 less $150.00 credit. which will be applied from the initial filing fee) , current (updated) Notice of Disapproval from the Building Inspector, and updated notices to adjacent property owners, affidavit of mailing and postmarked certified-mail receipts, and seven original prints of the site plan map, and floor plans labeling the size and proposed use of each room, in every unit. Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Building Department Planning Board lull V19 AUG 2 01993 r , f�� 1lL0 7Vhe��J ;01 Four APPEALS BOARD MEMBERS 8� Ey7r� .. �� SCOTT L.TiAR.R.TS f s.. �4 Supervisor •Gerard R Goehringer, Chairman Serge Doyen,Jr. Town Hall, 53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A.Villa �1 a ' Southold, New York 11971 Richard C.Wilton Fax (516)765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD RESOLUTION ADOPTED AUGUST 18 , 1993 INTERPRETATION/RESOLUTION: Appl. No. 4039: Upon Application of CLIFFSIDE ASSOCIATES, INC. (Owner) requesting an Interpretation to allow kitchenettes in motel units under the definition of "Resort Motel, " at Article III, Section 100-13 of the Zoning Code. . WHEREAS, a request under application No. 4039 for an Interpretation of Article III, Section 100-13, Definitions, of the Zoning Rules and Regulations of the Town of Southold, has been duly filed with the Secretary of the Board. of Appeals by Richard Haefeli, Esq. ; and WHEREAS, said application requests an interpretation to determine whether or not kitchenettes and cooking facilities constitutes a permitted alteration within the language and zoning definitions pertaining to motels, with specific reference to the property .at 61475 County Road 48, Greenport, which has received a Special Exception permitting motel units without kitchenettes and without cooking facilities; and WHEREAS, members of the Board viewed the property on numerous occasions; and WHEREAS; hearings were calendared by this Board on August 15, 1991, November 21, 19911, at which times postponements were requested by the applicant's attorney due to scheduling conflicts, and which postponements were granted by the Board for an indefinite. time pending confirmation and availability of the applicant and his agent at a public hearing; and WHEREAS, further hearings were calendared, and after due notice were held, on May 20, 1993 and July 22, 1993 at the Southold Town Hall at 7: 45 p.m. and 8: 05 p.m. , respectively; and WHEREAS, at said hearings all those who desired to be heard -were heard and their testimony recorded; and I Page 2 - Appl. No. ' 39 Application of CLI�._IDE ASSOCIATES Decision Rendered August 18, 1993 WHEREAS, the complete record and all testimony have been carefully considered, and the following pertinent facts noted: 1. Absent express language to the contrary the general ,rule is that a motel unit is not a dwelling unit, and a zoning code may distinguish, and as in the Town of Southold has properly distinguished between the two uses. 2. Article III,' Section 100-13 of the Zoning Code permits the following types of motel units in the Resort-Residential RR Zone District: "HOTEL OR MOTEL, RESORT - A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental = basis, provided that one (1) such unit may connected directly with not more than one (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient motel" or "mobile home park." HOTEL OR MOTEL, TRANSIENT - A building or group of buildings, whether detached or in connected _ units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping and living quarters for transients on a daily rental basis, provided that one (1) such unit may connect directly with no more than one (1) other such unit and that no cooking facilities shall be available. Each such unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "transient hotel or motel" may include such accessory uses as an office, retaurant, accessory personal services, swimming pool and off-street parking facilities. The term "transient hotel or motel" shall not be construed to include "resort motel" or "mobile Page 3 - Appl. No. 39 Application of CLII_-IDE ASSOCIATES Decision Rendered August 18, 1993 home park," nor shall it be deemed to include any dwelling unit except that of the owner or manager." DWELLING UNIT - A building or entirely self-contained portion thereof consisting of a minimum living area of eight hundred fifty (850) square feet containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space, other than vestibules, entrance or other hallways or porches, or cooking or sanitary facilities in common with any "dwelling unit." A house trailer, a boarding or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or similar home or other similar structure shall not be deemed to constitute a "dwelling unit." (Emphasis added) .. 9 3 . The addition of kitchenettes or cooking facilities in each individual motel unit will not effectively increase its present motel room size, which is limited to a maximum of 600 square feet of total floor area. 4. Accordingly, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, by the Board of Appeals, that Application No. 4039, requesting an Interpretation of Article 100-13 to determine whether or not the addition of kitchenettes or cooking facilities in motel units is permitted, for resort motel and/or transient motel, is hereby answered in the negative on the following grounds: 1. Since January 10, 1989, the subject premises was and-is situated in the Resort-Residential (RR) Zone District. 2. Subsequently, on November 2, 1989, a conditional Special Exception and conditional site plan was granted for motel units without kitchenettes or .cooking facilities. 3 . The addition of kitchenettes or cooking facilities is a conversion from motel use to dwelling use, not only structurally but also by usage. 4. The Southold Town Zoning Code and Master Plan Amendments, as adopted January 10, 1989, clearly distinguishes between a dwelling unit which is permitted a kitchenette or a . Page 4 - Appl. No. ,' 19 9 Application of CLI1_-,_IDE ASSOCIATES Decision Rendered August . 18, 1993 cooking facility, and which a motel unit may not. (See definitions of dwelling unit and motel unit) . 5. The benefits derived in a transient and resort community are of such magnitude as to be consistent with the legislation and continuous policy prohibiting conversions of motel units into dwelling units. 6 . The zoning provision at Section 100-13 of the Code under which the applicant has based this application is not difficult or impractical to define. 7. Changes in the wording of any definition or provision of the zoning code is not authorized by action of the Board of Appeals. In fact, the wording of this provision is currently being re-drafted, and a first public hearing was held after due notice, by the Southold Town Board on the new, -proposed - legislation at, its June 29, 1993 Meeting. As of the date of this determination, no action was taken on that proposal. 8 . The proposed addition of kitchenettes or cooking facilities would be an extension of the permitted motel use granted under the Special Exception permit conditionally granted under Appl. No. 3542 on November 2, 1989. That Special Exception request was specifically for 68 individual motel units and one manager' s unit provided for "transient motels," and more particularly shown on the plans submitted for consideration during 1989 without cooking facilities or kitchenettes. Vote of the Board: Ayes: Messrs . Doyen , Dinizi'o , Villa , Wilton and Goehringer. Nays: (none ) . This resolution was duly adopted. lk GERARD P. GOEHRIN ER, CHA PLANNING BOARD MEMBERS v xw r `s #. SCOTT L. HARRIS Y'3-` S ue Bennett Orlowski, Jr., Chairman A�'� sty ,�� p rvisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards .Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeals FROM: Richard G. Ward, Chairman RE: Appeal No. 4039 by Cliffside Associates" Cliffside/Tidemark Motel County Route 48, Southold SCTM# 1000-45-1-1 DATE: July 20, 1993 Kitchens or kitchenettes were not shown on the site plan that was submitted by the applicant for our review. Consequently, the concept of kitchens or kitchenettes was not. considered or discussed during the review of the environmental impact statement. �gpFFO(�c =- APPEALS B OARD MEMBERS �O�' OG SCOTT L..RABBIS Supervisor Gerard P.Goehringer, Chairman y Z Serge Doyen,Jr. p • Town Hall, 53095 Main Road James Dinizio,Jr. P.O.Box 1179 Robert A.Villa Ol [ �a Southold, New York 11971 Richard C.Wilton Fax (516) 765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD MEMORANDUM TO: Chairman and Members of the Planning Board FROM: Board of Appeal DATE: July 14, 1993 SUBJECT: Site Plan - Tidemark (Cliffside) 1000-045-01-001 & 003 at Greenport Today we received a written response from Valerie Scopaz which is somewhat helpful except that' we specifically are requesting clarification of the Planning Board's SEQRA determination and site plan as it relates to kitchenettes. (This memo is being sent to you since Valerie has asked that instead of her referring our inquiry to you, that we should address a separate memo. ) We merely would like to know whether or not the Planning Board approved kitchenettes in the motel units in approving the site plan and under SEQRA. Please read the statements (underlined for easy reference) made by Mr. Haefeli on Pages 18 and 21 of. the attached ZBA hearing transcript which refer to actions which may have been taken by the Planning Board in the SEQRA process . or the site plan process. We are not asking for a comparison of the files. If possible, please respond by Wednesday, July 21, 1993 (since a month has passed since our memorandum to Valerie, and we understand that she has already discussed the hearing transcript. with PB members on Monday, July 12th) . If we do not hear from you in writing by the hearing date, we will note that the record shows the Planning Board did not consider kitchenettes under SEQRA or under site plan approval, which is also true for the Special Exception granted by the ZBA. Thank you. _ ___ _ 0 n L CSC 0 W N St7lit �)LU - PiANN(NG SQ&.10 ZBA Hearings 18 �r1ay 20, 1993 Mir. Ooe4edI and sewer. We have 406 feet of frontage on Long ,Island Sound. We have 406 feet -of beach frontage on Long Island Sound. In 19, I believe it was 1986, we entered into a contract with the Village of Greenport for public water and public sewer. We .paid $104,000 to the Village for- both of those, for the installation of both the public water and public sewer. Those contracts are still in effect. I am making reference to this because I want to emphasize there were several memorandums in this file- from the Planning Board --that what ,is being proposed here, has always been proposed and it will continue to be proposed, is a resort motel and not a transient motel. We purchased seven and a half acres of property on Long Island- Sound. We have the public water and the public sewer which will permit us to have the density we have for this t . ype of a project. We have -- The project as .originally proposed showed two-bedroom units, as approved showed two-bedroom units of 600 square feet. Anybody who goes to a transient motel like a Hampton Inn, the size of those units is 250 to 350 square feet. We. have, as I said 406 feet of beach front. We are proposing two tennis courts; and basically nobody is going to go out and pay a million, over a million dollars for a 7 1/2 acre piece- of property to put In a transient motel on the east end of Long Island near Greenport, where the only use. permitted is daily travelers coming in and � out. If my client wanted to tlave strictly a transient motel, my 5 c - ZBA Hearings 21 May 20, 1993 . what I have said tonight. I have just tried to summarize it in my oral presentation here. THE CHAIRMAN: I would hate to have you leave here, and I know that this is a-- but unbeknownst to you I have used this as a case in .a class that I teach, okay, and it was my understanding, regardless of the presentation, and you bring up a very interesting avenue that you are presenting here tonight in reference to the, the, you know, under the interpretation; but the whole issue of no kitchenettes in this facility try knowledge was a SEQRA determination, and it was worked out in between the period of time that the application became a positive neclaration and then there was a mitigation; and that is how we got from 76 to 69 ,units; but I could be wrong on this, Dick-- MR. HAEFELI (Interposing) : You are wrong on that, Mr. Chairman. Let me explain to you because I happen to have that right here. I intended, okay --. December 18, 1989, the Planning Board adopted their resolution approving the site plan for this particular applicant. I was present at that m ntinr�- There was a discussion at that meeting with reference to prohibiting or not allowing kitchenettes in any of the units . THE CHAIRMAN: That is correct. MR. _HAEFELI : I got up; I objected to any reference to kitchenettes in that determination on the basis that toe Planning Board in rendering an approval or disapproval on the ZBA'Hearings - 22 JMay 20, 1993 site plan could not put a provision of that nature in.' The Planning Board agreed with me; they rendered a determination that did not contain any reference to kitchens or kitchenettes . J The following day or two days later, -the original decision from the Planning Board came out, Paragraph 3, 2 rather: None of 'the individual hotel units, and they are referring to is as a hotel-- it has . always been a motel-- no unit shall have, quote, cooking facilities . I wrote a very vehement letter to the Planning Board. I am a municipal attorney and represent the Village of Westhampton Beach. I was very upset- that a decision like this would come out after there had been an extensive discussion before the Board that evening. As a result, a revised determination was given by the Planning Board on December 27th, 1989; the letter sent to you on December 20th had an incorrect version of. the resolution. Please substitute this letter for �N that one. Paragraph 2 makes reference to stairs; the reference to cooking facilities was deleted. The Planning Board, neither in its SEQRA determination nor in its granting of a special site plan approval for this particular application made any reference - to either approving or disapproving kitchen facilities or kitchenettes or cooking facilities . They could not; they--do not have the power to render such a determination. Either the facilities would be permitted or, as we are here today, we are here before this Board for an. interpretation. It is the power .A'. MEMORANDUM TO: The Planning Board FROM: Valerie J'1 RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 DATE:- July 15, 1993 This is in response to the ZBA's attached memorandum of July 14th, in which the ZBA's concerns are articulated more clearly. The following information may be of use to you in responding, if you so chose. The Building Inspector determined that the project was a transient motel on April 9, 1991. Mr. Haefeli then submitted another application on April 11, 1991, to which Victor then issued another disapproval notice on April' 25, 1991 which states that the project was a resort motel. See attached copies of the disapproval notices. Yet, the April 25th notice does not indicate whether the April 9th notice is void or simply runs concurrently. ??? For some reason, the ZBA did not define in its decision what type of motel it was granting approval for, but did take the trouble to set forth its understanding that kitchens were not part of the project except for the manager' s unit. Now, as to the ZBA' s question: The Planning Board signed a site plan that does not show kitchens in any of the units. My understanding of the SEQRA Findings Statement was that kitchens were not part of the proposal even though we unfortunately did not make that explicit in the Statement. My understanding is based on the October 29, 1986 letter from this Board to the applicant, a copy of which is attached. Further, it is clear (to me anyway) that Greenport Village was looking at this project as a motel without kitchens based on the water flows that they used in the calculations. And, throughout the environmental and site plan review, I countered every reference to a resort motel with the fact that the Code permits only transient motels to have manager' s apartments. Further, the Town' s Code does state that if a use is not specifically permitted, it is to be assumed to be prohibited. , However, the big question that the ZBA is asking is - "Was that your understanding?" The reason for the question becomes clear when you read the attached minutes of the Planning Board meeting for December 1989. This is what Haefeli' s testimony is referring to. . Please give your draft comments to Martha to type and deliver. I have spoken with her already about how to handle the memorandum and the deadline of July 21st. Encls. ZW , I FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . . . . To 71. R. .�►. ,sto� �4�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . PLEASE TAKE NOTICE that your application dated . . for permit to s. ....: . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property . . . . . . . . . .ed-ze �{ g Street (� p . House No. _ _ . . . . .Ham/e t County Tax Map No. 1000 Section . . . . .Q S . . . Block . . . O. . . . . . . . Lot . .�. .� . . . . . . . .. Subdivision . . . . . . . . . . . . . . . . . Filed Map No. Lot No. . . . . . disapproved on the following is returned herewith and disa g o tr o .� . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . 4. . . . . . . ... . . . off, Building Inspector RV 1/80 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . . y`' . . . 5 . . . . . . ., To .���; .N c�u;�sL . ./.S•. JK;1 -n , J• b��o���Q,�, �l Ss�oQu - �t c�o�.��-�C D . . . . . . . . . . . . . . . . . . . . . . . : . . . . PLEASE TAKE NOTICE that your application dated . . ,C ,t'•?.'� for permit to . . yc . .!�� !. . _ . at Location of Property House No. 1 `� 8 .��t-QA�►� StreetWL� Count Tax Ma No. 1000 Hamlet Y P Section . . . �?. S. . . . . Block . . . . Q. �. . . . . . Lot . . ��- . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. Lot No. . . . . . . . . . . . . . . . is returned herewith and disapproved on the following g c,Q�,�. .�.�',t,p'. . . . . . . . / 3 fb}r-ound s . . fJ . . . . . .- . . . . . . . . . . . . - .,�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . Building. Inspector RV 1/80 ,.. �j V��(`-�, � �l�L��LCr�!�_.u.^•, `-'i-y-fit µ•- �J TOWN OF SOUTHOLD, NEW.YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ............................... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) CLIF.F.S10E ASSOC IME5..........................of ..13A..,J�SSu}�..A.�(EDU�.. ... ............................. Name of Appellant Street and Number ...4�ogge. ...................• ........... ........................................ ..New..yar.4..........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ..................................... DATED .A{�i:.i. ...i.).,...)9.9.a......................... WHEREBY THE BUILDING INSPECTOR DENIED TO i -I•�FS }€..4&&QC4•4T€•s....................................... Name of Applicant for permit of »130..Jessup..Auer�us•,..(�uog�e•,••�le�v•Yo.4...1.1909............................................... Street and Number Municipality State ( ) PERMIT TO USE ( ..) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..I�Qr. h..Hg ,w„�y,,,,�,r„�enRgr;�,, New York.... ,- Street./Hamlet / Use District ori Zoning" Map District 1000 Section 45 Block 1 Lot 1 .....P..;..................................._................._.............-Current Owner Gl-iffside �lssecl-ate Ma No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section SEE RIDER ATTACHED 3. TYPE OF APPEAL Appeal is made herewith for (please check gppropri ate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 SFF RTDFR ATTACHED 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. 'Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ....3b4,2....................Dated ............................ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that SEE RIDER ATTACHED Form zs1 (Continue on other side) t REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because SEE RIDER ATTACHED 2. The hardship created is UNIQUE and is not shared by all properties alike in the .immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK .. .... ..... ................. COUNTY OF SUFFOLK ) Signature Kenneth J. Tedaldi ......... day of............P a Sworn. to this ............$4..................... May....................................... 1991 .. . Notate Public RICHARD T. HAEEELI Notary Public,State of New York No.52-1618207.Suffolk.Cogpb4, Term Expires March 30, 19 ° RIDER TO APPLICATION This is an application for an interpretation of the Zoning Code or, in the alternative, for a variance to permit kitchens in the 68 unit resort motel, the special exception for which was previ- ously approved by this Board and the site plan for which was previously approved by the Planning Board. The Building Inspector has refused to permit the applicant to file amended building plans showing kitchenettes for each of the proposed resort motel units. There is no prohibition contained in the Zoning Code prohibiting kitchenettes in a resort motel. In the event that the interpretation is denied, then the applicant requests a variance to permit construction of kitchenettes in a resort motel previously approved as a special exception by this Board. In 1989 a special exception application was made to this board requesting permission for the construction of a 68 room motel together with a mangaer's unit. That application was granted and a building permit subsequently issued. At the present time, the applicant has Si;biili:zd aii u...Z.^,d�.0 buil.A,i:.g plan application to the building inspector showing the addition of kitchenettes to each of the units. This amended building application has been denied by the building inspector which has resulted in the applicant making the current application. The first part of the application,is an interpretation of the provisions of the zoning code of the Town of Southold, specifically the definition of a resort motel. The definition of a resort motel does not exclude or prohibit the construction of kitchen or cooking facilities in each of the units. When this definition is compared to the definition of a transient motel which specifically prohibits cooking facilities in the units, it is clear that there is no prohibition against cooking facilities in a resort motel. The provisions of the Zoning Code must be strictly construed against the Town with any ambiguity decided in favor of the applicant. When this application was originally prepared and filed with the Board of Appeals, the prior Zoning Code was in effect and cooking facilities were not prohibited in a motel and were excluded under the definition of hotel. All motels in the immediate area of the applicant's motel which were constructed under the prior code contain kitchen/cooking facilities. Since kitchen/cooking facilities were permited by the Town in all of the adjacent motels when the definition of a motel did not exclude such facilities,and the definition of resort motel still does not exclude kitchen/cooking facilities, this Board must be consistent in its treatment and interpret the Code so that kitchen/cooking facilities are permitted in a resort motel. In addition to the above, kitchenettes are customary accessory uses to the primary resort motel use and based upon this alone such facilities are allowed under hhe Code. In the event that this Board does not render such an interpretation then the applicant requests and area variance for the inclusion of kitchenettes or cooking facilities in each motel unit. The practical difficulty is that at the time the original application was submitted to this Board, cooking facilities were permitted in motels and it was only as a result of the recent changes to the Zoing Code and the Board's interpretation that cooking facilities are prohibited in resort motels. Therefore petitioner's will be the only motel in the Town of Southold which will be denied cooking facilities. This not only represents a practical difficulty but causes petitioner hardship in that petitioner will be treated differently than all the other motels in the area. Since the petitioner will be treated differently than all other motels in the area the petitioner's position is unique with respect to all other motels. Since motels are permitted use in the RR District wherein the property is located, the character of the area will not change as a result of this application. 77 - 'I' « O SOU, I LD S F.0, Y G PPP Southold, N.Y. 11971 (516) 765-1938 September 29 , 1986 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Re: Tide Mark Proposal Dear Mr. Raynor: The Planning Board is in receipt of the drainage calculations and it would help for our review to take the grading and drainage plan and indicate the system areas and basin. locations on the plan. It is unclear from the calculations whether roof drainage is included. The Board wishes to make it clear that we need water and sewer contracts with the Village of Greenport prior to any further review. A preliminary review of the grading plan indicates that the "cellar area" is in most cases above grade prior to backfill which is shown onthe grading plan. We are not in concert with this approach which is in essence creates a third story on these units which is not allowed by Town Code. Please present at our meeting your suggested covenants and restrictions to guarantee that the operation of this as a motel I without kitchen facilities will be in conformance with the Town requirements for motor vehicle transients. .; The Board als o has concern over the definition of top of bluff) 1 as indicated on the plan and the setback requirements. Please 1 be prepared to discuss this. If you have any questions, please don' t hesitate to contact l office. our oce. � i Very truly yours, I P_ BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD E RGW Rv ni_an 7.a .7-rw 1 �� 4s"" '`Y rn PLANNING BOARD MEMBERS w ;,;n:„� SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ++ � , '' Q� Supervisor George Ritchie Latham, Jr. �( �® Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of Appeals FROM: Valerie Scopaz, Senior Planner RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1--1 DATE: July 13 , 1993 This is in response to your attached memorandum of June 16th. The memorandum did not state the precise nature of the Zoning Board' s concerns or questions about the portions of Mr. Haefeli' s testimony that were attached: therefore my comments are based on the entire transcript of Mr. Haefeli' s verbal testimony as well as his written submission. I wish to preface my observations by noting that since I am not a member of the Planning Board, I will make 'no comment about its actions as a Board. Those questions in your memo should be addressed directly to them. To begin, a great deal of the testimony revolves around the history of this project which dates back to 1984. If the . accuracy of the chronology (and content) of events as recounted by Mr. Haefeli is of concern to the Zoning Board, then you should check his statements against the appropriate files of the Planning Board and the Town Clerk, all of which are public records. However, the central issue is not what happened in the past under the old code but rather under the code during which this project received site plan approval. The Planning Board' s memos of November 1991 and November 1992 cover all the pertinent points. Copies of same are attached for your convenience. Further; the Special Exception decision of November 1989 (Appeal No. 3542) clearly states that the ZBA granted approval for a transient motel with a manager's unit and 68 motel units. Item No. 5 of that decision states "That it is the understanding of this Board that only the Manager's Unit will contain kitchen facilities. " A copy of the floor plan that was approved by the Planning Board subsequent to the environmental review and the Zoning Board of Appeals' - Special Exception shows no kitchens. A portion of that floor plan is attached. The Building Department' s copy is available for review. The arguments set forth in the written testimony were dealt with at the time the findings statement was adopted and the- site plan was approved. I suggest that you contact the Town Attorney about the relevance of the cited cases to this one. While anyone can challenge 'the logic of a Zoning Code, as Mr. Haefeli is doing now, it is important to remember that the Town has been consistent in its review of this application throughout the entire process of review: the coordinated environmental review of which your Board was part, the Special Exception hearing, and the site plan review. To reverse position at this point would be not only inconsistent, but in violation of the findings statement that was issued pursuant to the State and local Environmental Quality Review Acts. In planning law, the courts have given significant weight to the consistency of a board' s actions with regard to its land use and zoning policies. In closing, keep in mind that the property owner is free to submit another application for a 68 unit resort motel with complete kitchen facilities, which can be reviewed by the Zoning and Planning boards in accordance with the Environmental Quality Review Act. This is not an idle suggestion. For instance, the site plan for the Burger King restaurant is presently going through an environmental review because it is an amended version of the McDonald' s Corporation application for a fast-food restaurant in Mattituck. Another example is the Marina Bay Club proposal in New Suffolk. When the Town changed the Zoning Code in 1989, this project was in the middle of the environmental review. It was determined that the Code changes necessitated revisions to the site plan, which had to be addressed in the environmental impact statement. When the revised impact statement is submitted, the environmental review will proceed. Both of the above examples involved site plans. An example involving a. subdivision is the Richmond Creek Farms project in Peconic. A scoping session and draft environmental impact report for this major subdivision were determined to be useless when the developer chose to make major revisions 'to the subdivision. A second scoping session was held to address the revised application. A new draft impact statement is being written. I hope this information addresses your concerns. Encls. r 0 ' �G PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward ' 4� Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1 179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of A peals FROM: Bennett Orlowski, Jr. , Chairman and Members of the Planning Boar RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM # 1000-45-1-1 DATE: November 19, 1992 The Planning Board is opposed to the third request of Cliffside/Tidemark Motel for an interpretation of the Zoning Code that would permit the installation of cooking facilities (kitchens, kitchenettes) in the motel units. When this request was made for the second time, in November of 1991, we voiced opposition to such an interpretation, •a copy of which is attached for your information. - This memorandum addresses additional issues that have come to our attention in the intervening time. As set forth in the Master Plan and the Zoning Code, the purpose of .the Resort Residential zoning category is significantly different from that of the Hamlet Density zoning district. The Zoning Code reads: "The purpose of the Resort Residential (RR) District is to provide opportunity for resort development. . . " The uses permitted within this district by Special Exception are related to the tourist economy. By contrast, the purpose of the Hamlet Density (HD) Residential District is "to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers. . . " The RR district allows transient motels or hotels, while the HD district allows multiple residences. If kitchens or kitchenettes are installed, the transient motel or hotel use will convert to a year-round residence, for all practical, purposes. From the beginning and throughout the environmental review procedure, the project was reviewed as a motel/hotel without eating facilities. According to our files, the applicant has been asked, as far back as 1986, for guarantees that the motel would be operated without kitchen facilities. Cliffside' s water and sewer contracts with the Village of Greenport, which are dated April, 1987, were based on a projected average daily flow based on 2.5 people per. unit, 76 motel units and 100 gallons per day usage per unit, which is the flow for a motel unit without kitchen facilities. The size (square footage) of the motel. unit also is a factor. Therefore, it appears that the addition of kitchen facilities may require another review by both the Suffolk County Department of Health Services and the Village of Greenport. Enc. Sewer and Water contracts - Village of Greenport cc: Victor Lessard, Principal Building Inspector •r �� i•'�a�' r �,�•r '�o�, cz PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �,� ;:;+�=.,aab' `�,�` Supervisor George Ritchie Latham, Jr. Richard G. Ward � _ = ' L!y Town Hall. 53095 Main Road Mark S. McDonald - "" P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Gerard P. Goehringer,. Chairman " Zoning Board of Appeals FROM: Bennett Orlowski, Jr. Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48 , Southold SCTM # 1000-45-1-1 DATE: November 8, 1991 The Planning Board wishes to convey its opposition to the request of the owner of Cliffside/Tidemark Motel for a favorable interpretation of the Zoning Code so as to permit the granting of a variance to install cooking facilities (kitchens, kitchenettes) in the motel units. The reasons for the Board' s position are as follows: The 68-unit hotel complex received site plan approval on December 18, 1989. The site is approximately 7 . 002 acres or 305, 005 square feet in area. Construction of 68 unit motel or time-share units, each 600 square feet in size, and with two bedrooms apiece, will result in a site density equivalent to 9.7 units to the acre. The Resort Residential zoning district provides for a maximum density of 10. 89 units to the acre (one unit for every 4, 000 square feet of land area) , provided water and sewerage services are available. By way of comparison, the maximum residential density allowed by the Zoning Code is four units to the acre in the Hamlet Density district ( formerly the Multiple Residential district) . Only one residential project, Founder' s Village, has more units to the acre. However, those units. are restricted to two residents apiece because of a Health Department variance. In the Resort Residential zoning district, there is no restriction on the number of residents per unit. +r ' However the applicant chooses to define the terms "cooking facilities", "kitchen" , "kitchenettes" (with or without a microwave', hot plate, small refrigerator, wet bar, small cupboard, small sink,. etc. ) , the addition of same will change the purpose of the project from a resort motel or, more accurately a condo- or time-share motel to a regular residential dwelling unit complex. Granting the right to have kitchens, kitchenettes or cooking facilities, however the terms are -defined by the Zoning Board, could set the stage for the conversion of these units from motel time=share units to year-round dwelling units. This is contrary to the intent of the Resort Residential zoning district. In effect, allowing the installation of cooking facilities, kitchens and kitchenettes in 68 units on a seven acre parcel' will be granting the project owner a benefit that! 1) is not enjoyed by any other residential complex in any zoning district, and 2) is not enjoyed by any other approved resort motel or hotel complex within Southold Town to the best of our knowledge. If there are such facilities in existence, perhaps there should be an investigation into whether they have been installed legally. Finally, the Planning Board' s approval of this project was in keeping with the findings of the Final Environmental Impact Statement, which was adopted on February 27, 1989. 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Flo P 7 E i iZ �j n/ f a.. pp I y-S ....... ...... ...... OF . ................ 1i -A -:I EMU Wm t2 JJ P-Y Mo9f 1"Y >A .7 44 17 •uf! f 71. 40 Vkii jw, low wo--miIii ARPEALOS BOARD MEMBERS %' .�' � SCOTT L.RABBIS w'� d Supervisor Gerard P.Goehringer, Chairman KI Serge Doyen,Jr. Town Hall, 53095 Main Road James Dinizio,Jr. -_'.`:f, - '�i P.O.Box 1179 Robert A.Villa Southold, New York 11971 „`"'' Fax (516) 765-1823 Richard C.Wilton Telephone (516) 765-1809 Telephone (516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Valerie Scopaz, Senior Planner. FROM: Board of Appeal c DATE: June 16, 1993 fEf I SUBJECT: Site Plan - Tidemark (Cliffside) - 1000-045-01-001 & 003 at Greenport Please find attached a copy of our May 20, 1993 hearing transcript in which Richard Haefeli, attorney for Cliffside Associates makes reference to discussions (either with the Planning Staff, at informal work sessions or meetings of the Planning Board) concerning the above project during 1987 through 1990 concerning the above-noted. site plan files. We would like to at least provide you with an opportunity to furnish whatever input you feel is appropriate for the .record concerning Mr. Haefeli's statements involving the actions of the Planning Board and Staff. Written communications will be accepted for the next two to three weeks. Thank you. GG:lk Attachments (Transcript and Legal Memorandum) '' uL 5 /PH i rigs 14 . May 20 , . 1993 APPLICATION NO. 4039 - CLIFFSIDE ASSOCIATES INC. (Owner) . Appeal of the April 25, 1991 Notice of Disapproval from the Building Inspector, citing " . . .Article III, Section 100-13 - Definition Section of the Zoning Code pertaining to "hotel or motel transient, which says in part that there will be no cooking. facilities . " The subject premises previously had received a Special -Exception Under Appl. No. 3542 for motel units without maps or plans before the Board for individual kitchenettes or dwelling uses . (The Special Exception use did not include approval for kitchenettes 'or dwelling uses) . Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2 . 1) , containing approximately 7.5 acres . 7 : 45 p.m. .(The Chairman opened the hearing and read the Legal Notice and application for the record. ) THE CHAIRMAN: What •I have before me is basically the entire file of the original hearing. I have before me a copy of . the Building Permit dated November 21, 1989, in behalf of Kenneth Tedaldi, who is the owner of the premises; and the remaining data that is required there. Mr. Haefeli, how are you tonight? So nice to see you again: . Appearance: Richard Haefeli, Esq. , for the Applicant MR. HAEFELI : And .it is so nice to be out here again on a' Thursday night. The first thing I am going to' do is ZBA Hearings ' " + 15 May 20, 1993\ apologize to the Board because I had prepared a memorandum . for � each member of the Board. I left the office at six-thirty and I 1 forgot to bring one other than the one copy that I have. THE CHAIRMAN: That's fine. MR. HAEFELI: What I will do is, I will give this to the Board after I complete my presentation tonight, and I will make sure the balance of the copies get out here tomorrow or the next day. The purpose of the memorandum was to put into detail what the position of the applicant is in this pp particular case, and which I will highlight to the Board at this particular time. The first thing I want to do is, I think we have a Problem as far is. the notice is concerned, Mr. Chairman, because the notice that was advertised was for a hotel "transient. " The notice of denial I have in my file is dated April 25, 1991, and was disapproval ,of a hotel or. motel "resort. " -I think that is probably one of the issues involved in this entire case, and I want to make sure it is clear -and on the record that what the * applicant is proposing is not a transient motel because it is absolutely clear in the definition of a transient motel that cooking facilities are not permitted. What we have here is a resort motel which does not contain .such , an exclusion, and that is what the application is before this Board, to render an interpretation as to whether or not cooking facilities are permitted in a' resort hotel . r LJ " Hearings 16 --=aY 20, 1993 I would like to just briefly give a little background on this case. My clients acquired this piece of property by purchasing two separate pieces of property in 1984 for $1, 135,000 . Right after they acquired the property, they made an application to the Town to .build residential condominiums on there on the basis of one unit per 6, 000 square feet of area, which is what:. the density requirement was at that particular time. Several months after that application was made, the Town Board amended the density requirement for residential. condominiums and changed it from one unit per 6,000 to one. unit per 10,000 square feet. After that, the applicant then made an application both to this Board and to the Planning Board in 1986 for approval for seventy-six unit motel complex as that term was defined under the Code in effect in 1986. The Planning Board decided that it was an action that required an Environmental Impact Statement; and between 1986 and : March of 1989, the Impact Statement process was .in place; and in March of. 1989 the Planning Board adopted a resolution adopting the Environmental Impact Statement. Shortly thereafter, and by the way during this entire period of time the plans that were shown, submitted and worked upon --both this Board had (word inaudible)- so I am not talking about this Board-- by the Planning Board showed units that would have a size of. about 850 square feet. After the March 1989 determination under the Impact Statement, the Planning Board made a recommendation to ZBA Hearings 20, 199& r� the Town Board based upon this application by this applicant to reduce the size of motel unit from 800-what we had down to 600 square feet. That adoption change was made to the Zoning Code, I believe it was in July of 1986, ' 89, I am sorry. And November of 1989 this Board rendered its •determination granting a special exception. . The copy of that is in the file.. In addition to that, in December of 1989 the Planning Board granted site plan approval with respect to this application. Now in February of 1989 the Zoning Code was changed, and new definitions for motel were included in the Code. The old definition of motel, I want to emphasize, did not make any reference to cooking facilities . The- old definition 'for a hotel made reference to the fact that 'if you had a hotel, you couldn't have, the individual units could not have cooking facilities . In February of 1989 the two new. definitions, were •put in place. One was for a resort hotel; the other was for a transient hotel. The definition for a resort hotel provided for guests on either a transient basis, day-in and day-out, or for vacationers . In adopting the --in addition to that, there is, the Town rezoned this property from, I believe it was M-1, which permitted Motels, to RR. Motels are still permitted in .this particular zone. In adopting that change to the Code, the Town Board in Section 160 said the purpose of a resort residential district is to provide. opportunity for resort development in waterfront areas because . of the availability of basically, I think they mean public water r ZBA •Hearings 18 •• - .-gay 20, - 1993 and sewer. We have 406 feet of frontage on Long Island Sound. We have 406 feet -of beach frontage on Long Island Sound. In 19, I believe it was 1986, we entered into a .contract with the Village of Greenport for public water and public sewer. We paid $104,000 to the Village for both of those, for the installation of both ;the public water and public sewer. Those contracts are still in effect. I am making reference to this because I want to emphasize there were several memorandums in this file: from the Planning Board --that what is being proposed here, has always been proposed and it will continue to be proposed, is a resort motel and not a transient motel. We purchased seven and a half acres of property on Long Island Sound. We have the public water and the public sewer which will permit us to have the density we have for this type of a project. We have -- The project as .originally proposed showed two-bedroom units, as approved showed two-bedroom units of 600 square feet. Anybody .who goes to a transient motel like a Hampton Inn, the size of those units is 250 to 350 square feet. We have, as I said 406 feet of beach front. We are proposing two tennis courts; and basically nobody is going to go out and pay a million, over a million dollars for a. 7 1/2 acre- piece- of .property to put In a transient motel on the east end of Long Island near Greenport, where the only use permitted is daily travelers coming in and out. If my client wanted to 4ave strictly a transient motel, my. ZBA Hearings 19 -iy 20, 1993 f j client could have purchased another piece of property in .the area similarly zoned not on Long Island Sound for substantially less money back in those days in the area of $30,000 or $40,0.00 an acre or a total price of $250, 000 . In addition to that, in this immediate area are two other resort motels . Sunset Motel is abutting the property on the east. Our easterly property' line and the Sunset Motel abut. Within two-tenths of a mile to the west of this project is the Soundview Inn, which is also a resort motel . The memos by the Planning Board concern themselves . • with making a comparison between the density for a motel in this district and the density for residential uses in other districts . It is irrelevant -to the application before this Board. The only consideration before this Board at this point in time is whether or not the. definition of resort hotel, motel, I am sorry; permits cooking facilities . It is the position of the applicant that you must strictly construe the ordinance. If there is. any ambiguity in the ordinance as to what its meaning is, you must construe that in favor of the applicant. As I previously mentioned to you, the definition of motel made prior to 1989 did not contain any reference to cooking facilities . Yet numerous motels in this community have been built under .that Code containing some sort of cooking facilities . " ZBA, Hearings 20 ay 20, 1993 Had the Town Board, when they adopted the change in the Code in 1989, wanted to exclude cooking facilities from a resort motel, they could have inserted those words into the Code, such as they did for transient motel. In addition to that, the opposition by the Planning. Board over the last several years --they could have-- this particular application, I emphasize-- has been pending since 1991 . The Planning Boards from 1991 to the present time could have made a recommendation to the Town Board to change the definition of a resort hotel to specifically exclude cooking facilities . Either, if recommendation was made, all I know, is as of today the Town Board has not not made or adopted any change in the definition of a resort hotel to exclude cooking facilities . I think that goes a long way .in considering, in determining the fact that the Town Board never intended to exclude cooking facilities from a resort motel . As I mentioned to you, the two other motels have cooking facilities in them. Basically what my client is saying: We want to be on the same level playing field to attract the resort person to this community as they are and have the same facilities that the other resort motels in this area have. And that is really the basis of my application. As I said, I will hand up this copy, and I will get the rest delivered to you tomorrow, which goes into much more detail of ZBA Hearings 21 May 20, 1993 - } what I have said tonight. I have just tried to summarize it in my oral presentation here. THE CHAIRMAN: I would hate to have you .leave here, and I know that this is a-- but unbeknownst to you I have used this as a case- in a class that I teach, okay, and it was my understanding, regardless of the presentation, and you bring up a very interesting avenue that you are presenting here tonight in reference to the, the, you know, under the interpretation; but the whole issue of no kitchenettes in this facility to my knowledge was a SEQRA determination, and it was worked out in between the period of time that the application became a positive neclaration and then there was a mitigation; and that is how we got from 76 to 69 'units; but I could be wrong on this, Dick-- MR. HAEFELI (Interposing) : You are wrong on that, Mr. Chairman. Let me explain to you because I happen to have that right here. I intended, okay --. December 18, 1989, the Planning Board adopted their resolution approving the site plan for this particular applicant. I was present at that meeting. There was a discussion at that meeting with reference to prohibiting or not allowing kitchenettes in any of the, units. THE CHAIRMAN: That is correct. MR. HAEFELI : I got up; I objected to any reference to kitchenettes in that determination on the basis that the Planning Board in rendering an approval or disapproval on the , ZBA'Hearings . • 22 -May 20, 1993 site plan could not put a provision of that nature in. The Planning Board agreed with me; they rendered a determination .that did not contain any reference to kitchens. or kitchenettes . The following day or two days later, •the original decision from the Planning Board came out, Paragraph 3; 2 rather: None of the individual hotel units, and they are referring to is as a hotel-" it has always been a motel-- no unit shall have, quote, cooking facilities. I wrote a very vehement letter to the' Planning Board. I am a municipal attorney and represent the Village of Westhampton Beach. I was very upset that a decision like this would come out after there had been an extensive discussion before the Board that evening. As a result, a revised determination was given by the Planning Board on December 27th, 1989; the letter sent to you on December 20th had an incorrect version of. the resolution. Please substitute this letter for that one. Paragraph 2 makes reference to stairs; the reference to cooking facilities was deleted. The Planning Board, neither in its SEQRA .determination nor in its granting of a special site plan approval for this particular application made any reference to either approving or disapproving kitchen facilities or kitchenettes or cooking facilities . They could not; they--do not have the power to render such a determination. Either the facilities would be permitted or, as we are here today, we are here before this Board for an. interpretation. It is the power ZBA Hearings 23 May 20, 1993 of this Board to render Interpretations . It is not the power of the Planning Board. The Planning Board has no authority to render an interpretation. The Planning Board can only impose the conditions set forth in the Code. If you would like copies of these two --I think you have them, but I would be more than happy to,*give them to you. BOARD ASSSISTANT-CLERK: There is a letter in the folder from the Health Department that says that they did not approve kitchenettes under the site plan. THE CHAIRMAN: Well, that is my concern because that's what precipitated MR. HAEFELI (interposing) : There is a letter from �.the Health Department in 1991, okay. I have the answer to that, I hope,. if you will bear with me for a second. Now, it is my understanding, there is a letter in the Health Department- that said a recent article in the local newspaper indicates Tidemark (phonetic, no spelling supplied record) is proposing kitchenettes for the project. Please submit for review a revised plan indicating locations, construct in detail, for this aspect of the project. That was signed by a Robert H. Gerdts, Sr. , PH. Sanitarian, Housing and General Sanitation. I saw that the other day when I reviewed the file. I spoke with the architect that that letter was directed to Mr. Herlin (phonetic) . Mr. Herlin advised me that Mr. Gerdts is employed by the Health Department and he does inspections for the Health, ZBA Hearings 24 -may 20, 1993 Department with respect to Fire Code violations and construction aspects, but not as to other aspects . BOARD ASSISTANT-CLERK: Do you have an approval from the Health Department on kitchenettes? MR. HAEFELI (interposing) : . For what? I don't need kitchenettes . I have an approval from the Suffolk County Department of Health Services for' the water and sewage coming into the project, yes, I do. BOARD ASSISTANT-CLERK: Do you have any approvals for anything-- MR. HAEFELI (interposing) : From the Health Department? BOARD ASSISTANT-CLERK: Yeah, on the cooking or any other agency? MR. HAEFELI : You don't need it. BOARD ASSISTANT-CLERK: You don't need it? THE CHAIRMAN: Because of the sewer. MR. HAEFELI : We have public water-- MEMBER DINIZIO: Was the Village aware when you were going to contract with them that you were going to have kitchenettes in these units? MEMBER DINIZIO Was the Town aware or the Village of Gree.nport aware when you were going to contract with them that you were going to have kitchenettes? ZBA Hearings 25 May 20, 1993 c . MR. HAEFELI: I have no idea. That didn't come up. I don't think that's an issue in this case. THE CHAIRMAN: Let's just-- THE CHAIRMAN: Let's just put this back in perspective here, okay. Before we go any farther here, you know, because-- MEMBER DINIZIO: We are not considering Sunset. We are not considering any other motel but Cliffside, Tidemark-- MR. HAEFELI (interposing) : But you are asking me what is in the mind of a .municipal official in 1986 when we signed the contract-- MEMBER DINIZIO: No, I asked you whether they were aware-- MR. HAEFELI (interposing) : I have no idea whether they were aware. MEMBER DINIZIO (continuing) : You said no, that is an answer. THE CHAIRMAN: Let' s go back back one second, gentlemen, okay? Somewhere between --I thank you for these memos by the way. I know they are in the file--. This is three files right here plus we have three more files back in the office, ok. We have voluminous files. Somewhere in between this letter, these letters, okay, of which there was a change between December 20th and December 27th, okay, which -- BOARD ASSISTANT-CLERK: What year is that? ZBA Hearings 26 May 20, 1993 THE CHAIRMAN: 1989 . When the issue of cooking facilities came about and you asked them to strike that from their original decision-- MR. HAEFELI (interposing) : - It never got into .the decision. It was a discussion prior to the decision. That' s all I am trying to say to you. THE CHAIRMAN (continuing) : This says action taken-- MR. HAEFELI (interposing) : That' s correct.- I was at the meeting. They discussed the resolution. They had not adopted the resolution. They said what their proposal was . I got up and objected. Once a resolution is made, it is very difficult to object. I did it before. THE CHAIRMAN (continuing) : Okay. Now, sometime subsequent to that, or prior to that, okay, in either the SEQRA determination or a discussion not with you, okay, but with either Mr. .-Raynor or Mr. Wetmore at the time, okay, there was the elimination of kitchen facilities, regardless of what zone it was in or whatever the case might be, because Henry Raynor faxed to me, all right, and we then had to make a decision if we were permitted to put in these particular units, okay, a sink, externally from the kitchen, a coffeepot and a refrigerator as one unit, okay; and he faxed that to me. All right, and I' would assume in the best of my recollection that was the summer of 1990, which was subsequent of course to December 20, Decem- ZBA Hearings 27 May 20, 1993 . c ber 27, 1989 . All right. It was then, in that summer, when they had anticipated the construction of these, well after the SEQRA determination was mitigated, and well after everything was done, and our decision blah-blah-blah. I know we were in a new zoning code at that time, that Mr. Wetmore called and said that the reason, the main reason, okay, for this was that they were having trouble securing bank financing :on this project because it did not include kitchens . All right. That is what he had told me. BOARD ASSISTANT-CLERK: Yes, he had told me the same thing, in other conversations . THE CHAIRMAN: Now I have had subsequent discussions to 1990 with"Mr. Wetmore. I have not had any necessary that I can recollect with Mr. Raynor and I realize that Mr. Wetmore is not necessarily an agent in this particular situation-- MR. HAEFELI : Not to my knowledge, not since these decisions. THE CHAIRMAN: What we are going to have to do here, Dick, in all fairness to you: We are going to have to recess this . We are going to have to sit down with the Planning Board and find out exactly when this kitchen situation was removed -- because I am almost positive that it was removed during the SEQRA negotiations; and, you know, there had to be a mitigation from 76 to 69 units-- C ZBA• Hearings 28 - -`may 20, 1993 MR. HAEFELI : I am saying--What was the mitigation? The size of the project was too big. The buildings were too big. It obstructed the view. I didn't bring all that with me tonight. But if you want me to, in ten minutes I can find you mitigation. I 'm not sure you have that. Those were the basic reasons for it. And, remember, at that point in time, when the SEQRA determination came down, the size of the units were 850 square feet, all right. They were concerned about the size. As a result of this, and I am saying as a result of this application, the Town Board adopted a change, reduced the size of the units down to 600 square feet. THE CHAIRMAN: Which they ended up being. MR. HAEFELI : • They reduced, they told us, because of the size for••the, impact you have to reduce the number --we were entitled to- 76. The Planning Board could not normally reduce the number down.; but under SEQRA Planning Boards can do a lot of things, and they told us we had to reduce the number down to 68 units, which is what we did; and I emphasize to you, there was no determination made by any board with reference to kitchen/kitchenettes, and the reason I say that is very simply, before February of 1989 in this Town you could put a motel 'in and you could put kitchenettes in, without any question. .-In 1989-- BOARD ASSISTANT-CLERK: I am not sure. We would have to get the old Code to doublecheck. ZBA Hearings - 28 day 20, 1993 MR. HAEFELI : I am saying --What was the mitigation? The size of the project was too big. The buildings were too big. It obstructed the view. I didn't bring all that with me tonight. But if you want me to, in ten minutes I can find you mitigation. I'm not sure you have that. Those were the basic reasons .for it. And, remember, at that point in time, when the SEQRA determination came down, the size of the units were 850 square feet, all right. They were concerned about the size. As a result of this, and I am saying as a result of this application, the Town Board adopted a change, reduced the size of the units down to 600 square feet. THE CHAIRMAN: Which they ended up being. MR. HAEFELI : They reduced, they told us, because of the size for 'the impact you. have to reduce the number --we were entitled to 76 . The Planning Board could not normally reduce the number down; but under SEQRA Planning Boards can do a lot of things, and they told- us we had to reduce the number down to 68 units, which is what we did; and I emphasize to you, there was no determination made by any board with reference to kitchen/kitchenettes, and the reason I say that is very simply before February of 1989 in this Town you could put a motel in and you could put kitchenettes in, without any question. -In 1989 BOARD ASSISTANT-CLERK: I am not sure. We would have . � to get the old Code to doublecheck. _ . •_._:ter, ZBA Hearings _ 29 ay 20, 1993 w THE CHAIRMAN: Yeah, see, that is what my concern is-- MR. HAEFELI (interposing) : Well, the old Code makes no reference to it. BOARD ASSISTANT-CLERK: I think it does . It had an amendment to-- MR. HAEFELI (interposing) : I have it right here-- THE CHAIRMAN: See, Dick, what the problem is- MR. HAEFELI (continuing) : A motel - a building containing guest rooms, each of which-- BOARD ASSISTANT-CLERK: What is the. date it was amended though? 188 or 189? Because they have an amendment. MR. HAEFELI : This would be 185 . BOARD ASSISTANT-CLERK: No, there is an amendment --in 1988 that defines it. MR. HAEFELI : What? BOARD ASSISTANT-CLERK: Transient and resort. MR. HAEFELI : That is the new code. BOARD ASSISTANT-CLERK: No, that is. ' 89 . I am talking about before that there was an amendment, before that. So I am not sure .what you are saying is correct. MR. HAEFELI : Well, until ' 85 . BOARD ASSISTANT-CLERK: I 'm talking about after 85 (and before 89) . MR. HAEFELI :Up until ' 85, ' 86 when our application was started, -- ZBA Hearings 30 May 20, 1993 BOARD ASSISTANT-CLERK: ' 87 . MR. HAEFELI (continuing) : 187, this is the definition in -effect. BOARD ASSISTANT-CLERK: But we made a decision in 1989 when the new law was in effect. MR. HAEFELI : You made a decision under the new Code. My point is we proceeded for three and a half years under a code that was in effect. - The code was changed in February. After the Code was changed, these other factors came. into' .play; and what I am saying to you is - we. have a resort motel. What application is before this Board tonight is simply an application: Does a resort motel allow kitchen cooking facilities' or does it not? And I am saying to you, based upon everything' 2 have submitted, a resort motel allows cooking facilities as opposed to a transient motel. BOARD ASSISTANT-CLERK: I had one thing-- THE CHAIRMAN: Could you wait one second and I 'll be right with you. THE CHAIRMAN: The problem I have is that we work on a building block system, okay? And we do have an outstanding decision on this application, okay? And I would.•rather put that all back in perspective, because I had no idea --I thought you were just addressing the specific issue tonight, of what the interpretation was. w ZBA Hearings 31 May 20, 1993 BOARD ASSISTANT-CLERK: Well, that is what- I believe he is doing. MR. HAEFELI : No, I am not doing that. I am asking-- BOARD ASSISTANT-CLERK: He is asking us to interpret what the Planning Board said. MR. HAEFELI : To be honest with you, I thought the rider to my application pretty well -- I am addressing an issue, does, we have. a resort motel. You have a definition .in your Code of a resort motel. BOARD ASSISTANT-CLERK: Wait. Before you get to that, I advertised it for transient for one reason. Can I explain. it please? MR. HAEFELI : Go ahead. BOARD ASSISTANT-CLERK: The reason I did is because their file, . this special exception file, shows that there was a manager's unit, and only the transient motel provides for a manager' s unit. It is not provided under resort motel, so that is why it was advertised that way-- MR. HAEFELI (interposing) : I understand what you did, but I "am saying that we had a denial in April of 189 -- ' 90?-- from the Building Inspector which started the ball rolling here, and that denial was on a resort motel. BOARD ASSISTANT-CLERK: Because you were asking for resort. But at the time you had transient. _ ZBA. Hearings r 32 May 20, 1993 MR. HAEFELI (interposing) : It never has been. There has been an inference by certain people in the Planning Board that because you have a man-- and I cover that in my memorandum, that because you have a manager's office or manager's apartment in a resort motel in this complex, and it specifically says you can have one .in a transient motel, it automatically. means this has to be a transient and it is not a resort motel . BOARD ASSISTANT-CLERK: There is one more reason-- MR. HAEFELI (continuing) : The small 'and simple answer to that •is you don't need to specify having a manager's apartment in a resort motel because cooking facilities would be permitted. A transient motel excludes cooking facilities . A transient motel has to have a provision in there for a manager who is going to be there all the time. As I say in my memorandum, . the logical conclusion of that thinking is that a transient motel can have an on-site manager 24 hours a day, but a resort motel cannot. And any motel that is open to the public . has to have somebody there all of the time. THE CHAIRMAN: Okay. Listen, if what you are saying is correct to the best of everybody's ability; okay-- MR. HAEFELI,: Going back. to 184 . That is a long time. THE CHAIRMAN: If that is the case, all right, then there is certainly a little more credence to the fact -that regardless of how the decisions came about, there is an inertia, okay, 'in my particular opinion, okay, toward the feeling that ZBA Hearings 33 May 20, 1993 } you are perpetuating. All right. However, I cannot, I am totally negating that at this point until I have the building blocks of where we are to the point of 1991 or' at least the hearing that has been held up ever since. BOARD ASSISTANT-CLERK: With the Planning Board especially because we don't have everything-- THE CHAIRMAN (resuming) : So it necessitates me, all right, because this is the way we work, all right, to really get together with them and discuss with them how we got to this particular point, because there are at least three members 'on' that Board who were there at the time, all right; and that is Richie Latham, Dick Ward, and Benny Orlowski . . So let me do C that, and then we will get back to you. And we will reschedule this and complete the whole thing. MR. HAEFELI : That's fine. BOARD ASSISTANT-CLERK: Anything you have in the meantime, you can--. THE CHAIRMAN: Then give me the stuff you have. MR. HAEFELI : I have a memorandum which I will send to you. THE CHAIRMAN: Okay, and we will read that, and then we will get back to you, okay? MEMBER' .VILLA: I have a question that might come up in here too. , THE CHAIRMAN: Surely. ZBA• Hearings 34 Cay 20, 1993 MEMBER VILLA: I don't know if it is pertinent to the interpretation, but when the plans were filed, did they show any signs of kitchens in these units? MR. HAEFELI : When they were originally filed, no. We have a building permit for what is there. We have now applied, filed for an amended plan. MEMBER .VILLA: That is why I asked this for the simple reason that you say you have contracts that are in effect with Greenport. MR. HAEFELI : Yes. MEMBER VILLA: They're in effect for a certain amount of flow. The Health Department would be concerned on this if the plans change, ' in other words; if you come back with plans that show kitchenettes, that generally changes the flow criteria per unit. MR. HAEFELI : You are right, but we had a flow criteria for units in excess 'of what we have. MEMBER VILLA: I 'd be interested to know if the contract with Greenport would cover the flow you are talking about with kitchenettes, because if it doesn't, you might have to renegotiate; and I don't know if they are in a position, what with their plan and capacity and everything else, to be able to take the extra flow. BOARD ASSISTANT-CLERK: Just let me turn the tape • please. ZBA Hearing- _ 35 May 20, 1993 C THE CHAIRMAN: Bob, I am not taking anything away from your question all right? Because we are still trying Tying to wrestle with the idea of how we got -- MEMBER VILLA: I realize that, but, you know, the presentation was made that he has got these contracts that are in effect, and -I just question as to whether they would still be valid °or not if the flow changes . That's all. MR. HAEFELI: Do you have a .copy of the contracts in the file? They are there. MEMBER DINIZIO: Right here, but there is no indication of kitchenettes . MR. HAEFELI: It says 76 units, two times two and a half people a unit times a hund red equals 19 gpd. MR. HAEFELI : Again, I really want to be sure this Board understands what I am here for tonight. We have an approval. We have a plan. We have a Building Permit. I think people are entitled to amend Building Permits. Otherwise, we would be -- We amended the permit to ask- for kitchenettes. We were denied by the Building Inspector. I am coming in to this Board because we have a resort motel and I want this Board to say "yes, they are permitted in the resort motel district, " or "they are not permitted. " That is the issue before the Board tonight. MEMBER DINIZIO: That is the only answer you want? MR. HAEFELI : That is the answer. ' ZBA Hearings 36 May 20, 1,993 - a . . THE CHAIRMAN: Yeah, but it's not really a generic answer, okay, because it really concerns this particular motel unit. It is not necessarily-- MR. HAEFELI (interposing) .: Mr. Chairman, in all due respect .to you, unless there..is a condition --and there is no condition-- •in the Planning Board with reference to that; I have explained to you. exactly what took place and I have given you the two copies of it. THE CHAIRMAN: I have to read the SEQRA determination, Dick before that. I apologize, but I got to". MR. HAEFELI : There is nothing to my knowledge, and I haven't read that in six years, but there is nothing in the SEQRA determination that has anything whatsoever to do with the issue before you. Your code either permits it or doesn't permit it. And if it doesn't permit it, fine. And I am saying to you that it does, based upon everything that I have submitted; and you can't make a determination otherwise: BOARD ASSISTANT-CLERK: What about the manager's unit though? Suppose the Board says the kitchen or cooking facilities and kitchenettes are allowed in the motel units . MR. HAEFELI : Yes . BOARD ASSISTANT-CLERK: A manager' s unit would .be another use on the property. MR. HAEFELI: That has been..approved. . ZBA Hearings 37 May 20, 1993 BOARD ASSISTANT-CLERK: Well, that has been approved based on the map you submitted, not the 1991 map. That was approved on the transient category by the Board-- MR. HAEFELI (interposing) : No, no. There has never been a transient motel approval under the definition in your Code as it stands today by any Board. BOARD ASSISTANT-CLERK: In your opinion. MR. HAEFELI: No. Okay, fine, in my opinion, and I am the attorney, yes. In my opinion there has not been.- BOARD ASSISTANT-CLERK: Okay. MR. HAEFELI : We never made an application for -- Nobody in his right mind would ask for a transient motel out there and spend all that money for a transient motel. Why would a . person put "a motel up there? To attract people in the summer, vacationers . That's the purpose of it. That whole strip of land is all. resort, between the hotels, the condos and the other buildings there. And, Mr. Villa, the answer to your question in all honesty is, that could become a problem as, when and if --and I don't think it is-- but if it is a problem, it becomes a problem at the point in time when we get to there. We haven't gotten to that point. MEMBER VILLA: Okay. You brought it up so I just questioned it. MR. •HAEFELI : I wanted to make sure you knew we had contracts . C ZBA Hearings 38 indy 20, 1993 MEMBER DINIZIO: I see something in there that I don't particularly think that you are saying to us, you are saying to me, that you have approvals, okay, for what you are asking us for. . MR. HAEFELI: That's .correct. MEMBER DINIZIO: And you have gone through the Village of Greenport and got approvals. But now you are not so sure. MR. HAEFELI: What do you mean? I am sure. I am saying to you, I have- an approval, I have a contract-- Excuse me? MEMBER DINIZIO: I would like to speak if you don't mind, and then you can answer my question. MR. HAEFELI : Okay. .MEMBER DINIZIO: You are saying to us, this is what I hear, that you would like to have kitchenettes in a resort motel Tidemark, that you. have gone through,, you have approvals from the Village of Greenport, okay, for such. Yet when I ask you a question: Did you have kitchenettes in the plans when you applied for them? You said "No. " MR. HAEFELI : No, we didn't have plans because we had --in 1986 we had plans that were somewhat different from the plans that were finally approved. We had plans for 76 units of between -900 and a thousand square feet versus 68 units at 600 square feet-- MEMBER DINIZIO: With kitchen. MR. HAEFELI : I 'm sorry. t - ' ZBA Hearings 39 May 20,- 1993 MEMBER DINIZIO: With kitchens? MR. HAEFELI: No. I am not sure, to be very honest with you, and I don't have the answer to this-- I 'm not sure a plan --which you are talking about as far as a plan-- when I was up here a minute ago. I am not sure that was ever given to the Village of Greenport. When we negotiated with the Village of Greenport, we said: "This is what we want. " And they said, "This is what you have to do. " So I am not going to either represent one way or the other; but this is going back a number of years--. I don't know whether -or not we gave what you' are -talking about as far as a plan goes, which is a diagram, because I don't think we had them back then. C BOARD ASSISTANT-CLERK: We don't have the same plan in our file. MEMBER DINIZIO: I am just saying you represented to me basically that you went to the Village of Greenport, said that what you are asking us for, they agreed with. - Now basically you are saying, really, maybe that isn't so. MR. HAEFELI : No, that is not what I am saying. Look, I am saying all I am asking you to do is look at your Code and see whether it is Tidemark or the one down the street, or anyone else that is in the RR District, and is making an application for resort motel, are they entitled to kitchenettes? Does the Code permit kitchenettes? That is the only question I am asking YOU to' resolve. r ,ZBA Hearings 40 may 20, 1993 - MEMBER DINIZIO: Are they entitled to apply to all agencies for resort motel? You certainly are. I have absolutely no problem for you to apply to all agencies for resort motel with kitchenettes . No problem. MR. HAEFELI: What does that have --You don't have a problem with that? MEMBDR DINIZIO: Absolutely no problem whatever. BOARD ASSISTANT-CLERK: Making his application. MEMBER DINIZIO: I have no problem whatsoever with you making those applications . MR. HAEFELI : That's all I am asking is, what does it mean, what does the meaning in resort motel mean? Does it mean because you can't have them in the transient, can you have them in the other? That is the only question before you. MEMBER DINIZIO: I agree. BOARD ASSISTANT-CLERK: You were talking about other agencies that you went to, and you are tying that into this interpretation, right? MR. HAEFELI : What do you mean? No. I am not tying that in. I gave a history. What I tried to do is give a history and a background-- THE CHAIRMAN: But you see we-- MR. HAEFELI (continuing) : I am coming here and asking for an interpretation. I am asking for an interpretation on a ZBA Hearings ' 41 elay 20, 1993 denial by the Building Inspector. We said we wanted kitchenettes and they said you've got to come here. BOARD ASSISTANT-CLERK: But you started out explaining the whole process, right, so we have to now go back and meet with the Planning Board? MR. HAEFELI : No, I don't think you have to meet with the Planning Board. In all due respect, I don't think you have to meet with anybody. You have to sit down and determine whether or not kitchenettes are permitted in a resort motel. That is the question this Board has to decide. MEMBER DINIZIO: We certainly have to make our decision in light of the facts. C THE CHAIRMAN: Yeah, but it does concern this particular piece of property, dramatically. BOARD ASSISTANT-CLERK: It also pertains to what .you approved under the old special exception. That is very important. THE CHAIRMAN: That's right. That is what I am saying. MR. HAEFELI : It applies to every resort motel. It applies to the definition. THE CHAIRMAN: You are absolutely correct. MR. HAEFELI: The..Board put a definition in, in 189 . Before ' 89 there was no definition. All I am saying, is, that is what I ­am asking you to decide. Ol- ZBA Hearings 42 'ray 20, 1993 THE CHAIRMAN: We will make a decision; I am going to recess it at this point; we can close it at a special meeting if we have to, okay; but we have to discuss this briefly with the Town Attorney et cetera; and so we will let you know exactly where we are going from here. . Are you going to submit the brief? MR. HAEFELI : I will submit the brief. There is one other thing, Mr. Villa, that they did --The Health Department, the biggest thing the Health Department asked for was construction drawings, if I remember correctly, of the laterals coming in, out and everything else. MEMBER VILLA: There has been such concern with both the water supply facilities and the sewage facilities in the Village of Greenport and their adequacy, that they would be very interested to see if there is any change in your flow criteria, because the -department has had a lot. of problems with the Greenport system, and that was my concern, that if the flow increases, whether Greenport would have the capacity to accept it. MR. HAEFELI : I don't know whether Greenport has the capacity to accept as it is, you know, today-- MEMBER VILLA: That' s right. MR. HAEFELI : But we have a contract that we entered into, and they have set us aside as one of the ones that will have it, as opposed to several of the other people that came in 1 ZBA Hearings 43 i•!ay 20, 1993 c subsequent to us, because we signed those contracts a long time ago. MEMBER VILLA: It has been an ongoing problem with the Village. THE CHAIRMAN: Thanks so much for coming in. We will get back to you as soon as we get this thing wrestled out here. MR. HAEFELI : Thank you very much. THE CHAIRMAN: You're welcome. Anybody else like to say anything? (There was no response. ) THE CHAIRMAN: Seeing no hands, I make a motion recessing the hearing without a date. . (Seconded and carried; see Clerk' s record. ) Verbatim transcript prepared from recorded tape. jdr End of hearings . i ZONING BOARD OF APPEALS ------------------------------------------X TOWN OF SOUTHOLD In. the Matter of the Application of Cliffside Associates for an MEMORANDUM Interpretation -------------------------------------=----X This is an application by Cliffside Associates for an interpretation that cooking facilities/kitchenettes are permitted in a resort motel. It is important for the Board to understand the history of the applicant's attempt to develop this property. When the applicant purchased the property in 1984 it was located in the M-1 General Multiple Residence District. Multiple dwellings, hotels and } motels were permitted uses by way of a special exception from this Bo i 3 and in the M-1 district. Shortly after acquiring the property, the applicant filed an application for the construction of multiple dwelling residences on the �y basis of one unit per each 6,000 square feet of land area, which was the I permitted density at that time. On April 9, 1985, while the applicant's proposal was pending, the Town Board amended the provisions of § 100-116 of the Code to increase the density from one unit per 6,000 square feet to one unit per 10 0 se P 00 square feet. on July 5, 1989. This amendment was adopted specifically as a result of 4 the applicant's proposal.. By the time the applicant received special exception approval from this Board in November, 1989 and site plan approval from the Planning Board in December, 1989 the following changes were made to the Zoning Code; (1) the density for residential units was increased, (2) the Zoning classification of the property changed, (3) new definitions for a motel were adopted, acid (4) a limitation was placed on the size of the individual units. It is clear from this brief history that several of the changes which occurred in the Zoning Code, have limited and restricted .the proposed uses the applicant intended to put the property to. The applicant is proposing to construct a resort motel on the property and is requesting an interpretation from the Board that cooking facilities and/or kitchenettes are permitted in a resort motel. This application comes to this Board*from a notice of disapproval. from the Building Inspector dated April 25, 1991', which specifies that a permit was applied for.to include kitchenettes in a resort motel.. While this Board and the . Planning Board have attempted to characterize the applicant's use as a transient motel, it is the applicant and not any agency of the Town of Southold, who has the right to designate the Permitted use it intends to put the property to- and in this case the applicant intends to use the property for a resort motel. This Board's letter to the applicant's attorney on May 4, 1993, refers to the prior special exception record as one for a transient motel. There never was an T •� Y QI on Long Island Sound and the applicant has paid $1,04,13-5.00 for public water and sewer contracts. The applicant purchased the 7.13 acres of land for $1,135,000.00. If all that the applicant intended was a transient motel, the applicant could have purchased the same amount of land without frontage on Long Island Sound for. $30,000.00 an acre or for about $250,000.00 as opposed to $160,000.00 an acre or $1,135,000.00. The size of the units were shown on all plans as being between 850 and 1,000 square feet until July, 1989 when, based on this application, the Code was amended .to limit the size to 600 square feet. Even now the units have 2 bedrooms and are substantially larger than the 250-350 square foot rooms provided by transient motels such as Hampton Inn. Further, the site plan as approved provides for access to the beach an amenity referred to in the definition of a resort motel but not a transient motel. The site.plan also provides for two tennis courts an amenity found in a resort motel but not in a transient.motel. Finally,. it is incomprehensible that anyone in the Town of Southold would refer to this project as a transient hotel. The project is located next to the Village of Greenport and abuts the Sunrise Motel, a resort motel, and is 2/10 of a mile east of the Soundview Inn, another resort motel. The traffic generated on the eastern end of the Town would not support a strictly transient motel. .The only basis for stating that the proposal is a transient motel is a memo from the Southold Town Planning Board dated October 9,. 1989. that applicant has at this time eliminates any claim that the use is a transient motel. It appears that the only reason this Board and the Planning Board are attempting to characterize the applicant's proposal as a transient motel is to avoid determining whether-cooking facilities are permitted in a resort motel. The Planning Board in its two memorandums to this Board not only mischaracterizes. the use of the property as either a transient hotel .or motel as referred to in its -November 19, 1992 determination, or time- share units as it referred to in its November 8, 1991 decision, it further attempts .to cloud the issue by comparing the motel density permitted in the RR district with the residential density in the Hamlet Business District and the memo implies that the applicant is proposing a residential use. The proposed use of the property as stated time and again. by the applicant is a.resort motel and this Board and the Planning Board must apply the Zoning Code based upon the use presented to it, and not as some illusory possible future use. In (DiMilia v. Bennett, 149 A.D.2d 592), an application was denied by the New York City Board of Standard and Appeals on the basis that the "proposed building would be readily convertible into illegal, non- conforming, two-family homes." In reversing the Board, the. Appellate Division, Second Department stated at p. 593 The standard to be applied herein is the actual use of the building in question, not its possible future use. . . M Under the definition of a transient motel, cooking facilities are specifically excluded from being available in any unit. A review of the provisions of a resort hotel contains no such restriction and there was no such restriction in the prior Code's definition of a motel. This Board must strictly construe the definition of a resort motel and any ambiguity must be resolved in favor of the applicant. In construing this definition this Board has to take into account the fact that the Town Board at 'the time it adopted the definition could have included a prohibition against cooking facilities and failed to do so. Had the Village intended to impose such a condition on the exception it could easily have done so. . . . Since zoning regulations are in degradation of the common law, they must be strictly construed against the municipality which has enacted and seeks to enforce them. . . . Any ambiguity in the language used in such regulations must be resolved in favor of the property owner. . . . Allen v. Adami, 39 NY 2d 275, 277. It is clear that the only .objection to the applicant's proposed interpretation is the opposition by the Planning Board, which is insufficient as a matter of law to have this Board render a determination that cooking facilities are_riot permitted in a resort motel. This issue has been before this Board since 1991 which has given the Planning Board more than a sufficient.amount of time to make a recommendation to the Town Board to adopt an amendment to the Zoning Code which would specifically exclude cooking facilities in a resort motel. The fact that such a change in the Zoning Code has not been made is proof in and of itself that the Town Board never intended to exclude cooking facilities from a resort motel. APPEALS BOARD MEMBERS �OooS�FFO��COG SCOTT L.HARRIS ✓5 Z �� Supervisor Gerard P. Goehringer, Chairman Serge Doyen,Jr. • Town Hall, 53095 Main Road James Dinizio,Jr. P.O. Box 1179 Robert A.Villa ®� [ 1% Southold, New York 11971 Richard C.Wilton Fax (516) 765-1823 Telephone (516)765-1809 BOARD OF APPEALS Telephone (516)765-1800 TOWN OF SOUTHOLD MEMORANDUM TO: Valerie Scopaz, Senior Planner FROM: Board of Appeal DATE: June 16, 1993 SUBJECT: Site Plan - Tidemark (Cliffside) 1000-045-01-001 & 003 at Greenport Please find attached a copy of our May 20, 1993 hearing transcript in which Richard Haefeli, attorney for Cliffside Associates makes reference to discussions (either with the Planning Staff, at informal work sessions or meetings of the Planning Board) concerning the above project during 1987 through 1990 concerning the above-noted site plan files. We would like to at least provide you with an opportunity to furnish whatever input you feel is appropriate for the record concerning Mr. Haefeli' s statements involving the actions of the Planning Board and Staff. Written communications will be accepted for the next two to three weeks. Thank you. GG:lk Attachments (Transcript and Legal Memorandum) N 9 .W N n� JUN 18 1993 uu� SOi�TF9OLD TOWN — PLANNING NING BOARD ZBA H: � eari.ngs 14- May 20 , 1993 APPLICATION NO. 4039 - CLIFFSIDE ASSOCIATES INC. (Owner) . Appeal of the April 25, 1991 Notice of Disapproval from the Building Inspector, citing " . .. .Article III, Section 100-13 - Definition Section of the Zoning Code pertaining to "hotel or motel transient, which says in part that there will be no cooking facilities . " The subject. premises previously had received a Special Exception Under Appl. No. 3542 for motel units without maps or plans before the Board for individual kitchenettes or dwelling uses . (The Special Exception use did not include approval for kitchenettes 'or dwelling -uses) . Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2 . 1) , containing approximately 7.5 acres . 7 :45 p.m. .(The Chairman opened the hearing and read the Legal Notice and application .for the record. ) THE CHAIRMAN: What -I have before me is basically the entire file of the original hearing. I have before me a copy of . the Building Permit dated November 21, 1989, in behalf of Kenneth Tedaldi, who is the owner of the premises; and the remaining data that is required there. Mr. Haefeli, how are you tonight? So nice to -see you again: Appearance: Richard Haefeli., .Esq. , for the Applicant a MR. HAEFELI : And it is so nice to be out here again on a Thursday night. The first thing I am going to do is ZBA Hearings 15 ay 20, 1993f " E _ apologize to the Board because I had prepared a memorandum for each member of the Board. I left the office at six-thirty and I forgot to bring one other than the one copy that I have. THE CHAIRMAN: That's fine. MR. HAEFELI: What I will do is, I will give this to the Board after I complete my -presentation tonight, and I will make sure the balance of the copies get out here tomorrow or the next day. The purpose of the memorandum was to put into detail what the position of the applicant is in this particular case, and which I will highlight to the Board at this particular time. The first thing I want to do is, I think we have a problem as far is the notice is concerned, Mr. Chairman, because the notice that was advertised was for a hotel "transient. " The notice of denial I have in my file is dated April 25, 1991, and was disapproval of a hotel or motel "resort. " -I think that is probably one of the issues involved in this entire case, and I want to make sure it is clear -and on the record that what the , applicant is proposing is not a transient motel because it is absolutely clear in the definition of a transient motel that cooking facilities are not permitted. What we have here is a resort motel which does not contain such an exclusion, and that is what the application is before this Board, to render an interpretation as to whether or not cooking facilities are permitted in a resort hotel. ZBA' Hearings 20, 1993 I would like to just briefly give a little background on this case. My clients acquired this piece of property by purchasing two separate pieces of property in 1984 for $1, 135,000 . Right after they acquired the property, they made an application to the Town to build residential condominiums on there on the basis of one unit per 6,000 square feet of area, which is what the density requirement was at that particular time..,) Several months after that application was made, the Town Board amended the density requirement for residential condominiums and changed it from one unit per 6,000 to one unit per 10,000 square feet. After that, the applicant then made an application both to this Board and to the Planning Board in 1986 for approval for seventy-six unit motel complex as that term was defined under the Code in effect in 1986. The Planning Board decided that it was an action that required an Environmental Impact Statement; and between 1986 and March of 1989, the Impact Statement process was in place; and in March of. 1989 the Planning Board adopted a resolution adopting the Environmental Impact Statement. Shortly thereafter, and by the way during this entire period of time the plans that were shown, submitted and worked upon --both this Board had (word inaudible)- so I am not talking about this Board-- by the Planning Board showed units that would have a size of about 850 square feet. After the March 1989 determination under the Impact Statement, the .Planning Board made a recommendation to ZBA Hearings ,__..' 17 �= May 20, 1993 the Town Board based upon this application by this applicant to reduce the size of motel unit from 800-what we had down to 600 square feet. That adoption change was made to the Zoning Code, I believe it was in July of 1986, ' 89, I am sorry. And November of 1989 this Board rendered its determination granting a special exception. The copy of that is in the file. In addition to that, in December of 1989 the Planning Board granted site plan approval with respect to this application. Now in February of 1989 the Zoning Code was changed, and new definitions for motel were included in the Code. The old definition of motel, I want to emphasize, did not make any reference to cooking facilities . The- old definition -for a hotel made reference to the fact that 'if you had a hotel, you couldn't have, the individual units could not have cooking facilities. In February of 1989 the two new definitions were put in place. One was for a resort hotel; the other was for a transient hotel. The definition for a resort hotel provided for guests on either a transient basis, day-in and day-out, or for vacationers . In adopting the --in addition to that, there is, the Town rezoned this property from, I believe it was M-1, which permitted Motels, to RR. Motels are still permitted in this particular zone. In adopting that change to the Code, the Town. Board in Section 160 said the purpose of a resort residential district is to .provide opportunity. for resort development in waterfront areas because of the availability of basically, I think they mean public water ZBA ,Hearings - 18 Vinay 20, 1993 and. sewer. We have 406 feet of frontage on Long Island Sound. We have 406 feet -of beach frontage on 'Long Island Sound. In 19, I believe it was 1986, we entered into a contract with the Village of Greenport for public water and public sewer. We paid $104,000 to the Village for both of those, for the installation of both the public water and public sewer. Those contracts are still in effect. I am making reference to this because I want to emphasize there were several memorandums in this file. from the Planning Board --that what is being proposed here,- has always been proposed and it will continue to be proposed, is a resort motel and not a transient motel . We purchased seven and a half acres of property on Long Island Sound. We have the public water and the public sewer which will permit us to have the density we have for this type of a project. We have -- The project as originally proposed showed two-bedroom units, as approved showed two-bedroom units of 600 square feet. Anybody who. goes to a transient motel like a Hampton Inn, the size of those units is 250 to 350 square feet. We have, as I said 406 feet of beach front. We are proposing two tennis courts; and basically nobody is going to go out and pay a million, over a million dollars for a 7 1/2 acre piece- of property to put -in a transient motel on the east end of Long Island near Greenport, where the only use permitted is daily travelers coming in and • out.. If my client wanted to have strictly a transient motel, my ZBA He 19 May 20, 1993 client could have purchased another piece of property in the area similarly zoned not on Long Island Sound for substantially less money -back in those days in the area of $30,000 or $40,000 an acre or a total price of $250,000 . . In addition to that,.. in this immediate area are two .other resort motels . Sunset Motel is abutting the property on the east. Our easterly property line' and the Sunset Motel abut. Within two-tenths of a mile to the west of this project is the Soundview Inn, which is also a resort motel. The memos by the Planning Board concern themselves with making a comparison between the density for a motel in this district and the density for residential uses in other districts . It is irrelevant to the application before this Board. The only consideration before this Board at this point in time is whether or not the definition of resort hotel, .motel, I am sorry, permits cooking facilities . It is the position of the applicant that you must strictly construe the ordinance. If there is any ambiguity in the ordinance as to what its meaning is, you must construe that in favor of the applicant. As. I previously mentioned to you, the definition of motel made prior .to 1989 did not contain any reference to cooking facilities . Yet numerous motels in this community have been built under that Code containing some sort of cooking facilities . ZBA' Hearings 20 ' May 20, 1993 Had the Town Board, when they adopted the change in the Code in 1989, wanted to exclude cooking facilities from a resort motel, they could have inserted those words into the Code, such as they did for transient motel. In addition to that, the opposition by the Planning. Board over the last several years --they could have-- this particular application, I emphasize-- has been pending since 1991 . The Planning Boards from 1991 to the present time could have made a, recommendation to the Town Board to change the definition of a resort hotel to specifically exclude cooking facilities . Either, if recommendation was made', all I know, is as of today the Town Board has not not made or adopted any change in the definition of a resort hotel to exclude cooking facilities . I think that goes a long way .in considering, in determining the fact that the Town Board never intended to exclude cooking facilities from a resort motel. As I mentioned to you,' the two other motels have cooking .facilities in them. Basically what my client is saying: We want to be on the same level playing field to attract the resort ,person to this community as they are and have the same facilities that the other resort motels in this area have. And that is really the basis of my application. As I said, I will hand up, this copy, and I will get the rest delivered to you tomorrow, which goes into much more detail of ZBA Hearin s 21 g May 20, 1993 ' what I have said tonight. I have just tried to summarize it in my oral presentation here. THE CHAIRMAN: I would hate to have you leave here, and I know that this is a-- but unbeknownst to you I have used this as a case in a class that I teach, okay, and it was my understanding, regardless of the presentation, and you bring up a very interesting avenue that you are presenting here tonight in. reference to the, ' the, you know, under the interpretation; but the whole issue of no kitchenettes in this : facility to my knowledge was a SEQRA determination, and it was worked out in between the period of time that the application became a positive neclaration and then there was a mitigation; and that is how we got from 76 to 69 units; but I could be wrong on this, Dick-- MR.. HAEFELI (Interposing) : You are wrong on that, Mr. Chairman. Let me explain to you because I happen to have that right here. I intended,* okay - December 18, 1989, the Planning Board adopted their resolution approving the site plan for this particular applicant. I was present at that meeting. There was a discussion at that meeting with reference to prohibiting or not allowing kitchenettes in any of the units. THE CHAIRMAN: That is correct. MR. HAEFELI: I .got up; I objected to any reference to kitchenettes in that determination on the basis that the Planning Board in rendering an approval or disapproval on the ZBA' Hearings .2 2' May 20, 1993 site plan could not put a provision of that nature in. The Planning Board agreed with me; they rendered a determination that did not contain any reference to kitchens or kitchenettes . The following day or two days= later, -the original decision from the Planning Board came out, Paragraph 3, 2 rather: None of the individual hotel units, and they are referring to is as a hotel-- it has always been a motel-- no unit shall have, quote, cooking facilities. I. wrote a very vehement letter to the' Planning Board. I am a municipal attorney and represent the Village of Westhampton Beach. I was very upset that a decision like this would come out after there had been an extensive '-discussion before the Board that evening. As a result, a revised determination was given by the Planning Board on December 27th, 1989; the letter sent to you 'on December 20th had an incorrect version of the resolution. Please substitute this letter for that one. Paragraph 2 makes reference to stairs; the reference to cooking facilities was deleted. The Planning Board, neither in its 5EQRA .determination nor in its granting of a -special site plan approval for this particular application made any reference • to either approving or disapproving kitchen facilities or kitchenettes or cooking facilities . They could not; they -do not . have the power to render such a determination. Either the facilities would -be permitted or, as we are here today, we are here before this Board for an, interpretation. It is the power ZBA Hearings �`='± 23 C May 20, 1993 of this Board to render Interpretations . It is not the power of the Planning Board. The Planning Board has no authority to render an interpretation. The Planning Board can only impose the conditions set forth in the Code. . If you would like copies of these two --I think you have them, but I would be more than happy to give them to you. BOARD ASSSISTANT-CLERK: There is a letter in the folder from the Health Department that says that they did not approve kitchenettes under the site plan. THE CHAIRMAN: Well, that is my concern because that's what precipitated- -- MR. HAEFELI (interposing) : There is a letter from the Health Department in 1991, okay. I have the answer to that, I hope, if you will bear with me for a second. Now, it is my understanding, there is a letter in the Health Department that said a recent article in the local newspaper indicates Tidemark (phonetic, no spelling supplied record) is proposing . kitchenettes for the project. Please submit for review a revised plan indicating locations, construct in detail, for this aspect of the project. That was signed by a Robert H. Gerdts, Sr. , PH Sanitarian, Housing and General Sanitation. I saw that the other day when I reviewed the file.. I spoke with the architect that that letter was directed to Mr. Herlin (phonetic) . Mr. Herlin advised me that- Mr. Gerdts is employed by the Health Department and he does inspections for the Health ZBA Hearings 24 May 20, 1993 Department with respect to Fire Code violations and construction aspects, but not as to other aspects . BOARD ASSISTANT-CLERK: Do you have an approval from the Health Department on kitchenettes? MR. HAEFELI (interposing) : . For what? I don't need kitchenettes. I have an approval from the Suffolk County Department of Health Services for the water and sewage coming into the project, yes, I do. BOARD ASSISTANT-CLERK: Do you have any approvals for anything-- MR. HAEFELI (interposing) : From the Health Department? BOARD ASSISTANT-CLERK: Yeah, on the cooking or any other agency? MR. HAEFELI : You don't need it. BOARD ASSISTANT-CLERK: You don't need it? THE CHAIRMAN: Because of the sewer. MR. HAEFELI : We have public water-- MEMBER DINIZIO: Was the Village aware when you were going to contract with them that you were. going to have kitchenettes in these units? MEMBER DINIZIO Was the Town aware or the Village of Greenport aware when you were going to contract with them that you were going to have kitchenettes? i ZBA Hearings 25 May 20, 19934' MR. HAEFELI : I have no idea. That didn't come up. I don't think that's an issue in this case. THE CHAIRMAN: Let' s just-- THE CHAIRMAN: Let's just put this back in perspective here, okay. Before we go any . farther here, you know, because-- MEMBER DINIZIO: We are not considering Sunset. We are not considering any other motel but Cliffside, Tidemark-- MR. HAEFELI (interposing) : * But you are asking me what is in the mind of a municipal official in 1986 .when 'we signed the contract-- MEMBER DINIZIO: ' No, I asked you whether they were aware-- MR. HAEFELI (interposing) : I have no idea whether they were aware. MEMBER DINIZIO (continuing) : You said no, that is' an answer. THE CHAIRMAN: Let' s go back back one second, gentlemen, okay? Somewhere between --I thank you for these memos by the way. I know they are in the file--. This is three files right here plus we have three more files back in the office, ok. We have voluminous files . Somewhere in between this letter, . these letters.,. okay, of which there was a change between December 20th and December 27th, okay, which -- BOARD ASSISTANT-CLERK: What year is that? ZBA 'Hearings = 26 May 20, 1993 THE CHAIRMAN: 1989 . When the issue of cooking facilities came about and you asked them to strike that from their original decision-- MR. HAEFELI (interposing) : . It never got into the decision. It was a discussion prior to the decision. That's all I am trying to say to you. THE CHAIRMAN (continuing) : This says action taken-- MR. HAEFELI (interposing) : That' s correct. I was at the meeting. They discussed the resolution. They had not adopted the resolution. They said what their proposal was. I got up and objected. Once a resolution is made, it is very g difficult to object. I did it before. THE CHAIRMAN (continuing) : Okay. Now, sometime subsequent to that, or prior to that, okay, in either the SEQRA determination or a discussion not with you, okay, but with either Mr. Raynor or Mr. Wetmore at the time, okay, there was the elimination of kitchen facilities, regardless of what zone it was in or whatever the case might be, because Henry Raynor faxed to me, all right, and we then had to make a decision if we were permitted to put in these particular units, okay, a sink, externally from the kitchen, a coffeepot and a refrigerator as one unit, okay; and he faxed that to me. All right, and I would. assume in the best of my recollection that was the summer of 1990, which was subsequent of course to December 20, Decem- ZBA Hearings _ �_ _ -May rQay 20,. 1993 ' ber 27, 1989 . All right. It was then, in that summer, when they had anticipated the construction of these, well after the SEQRA determination was mitigated, and well after everything was done, and our decision blah-blah-blah. I know we were in a new zoning code at that time, that Mr. Wetmore called and said that the reason, the main reason, okay, for this was that they were having trouble securing bank financing on this project because it did not include kitchens . All right. That is what he had told me. BOARD ASSISTANT-CLERK: Yes; he had told me the same thing, in other conversations. THE CHAIRMAN: Now I have had subsequent discussions to 1990 with Mr. Wetmore. I have not had any necessary that I can recollect with Mr. Raynor and I realize that Mr. Wetmore is not necessarily an agent in this particular situation-- MR. HAEFELI: Not to my knowledge, not since these decisions . THE CHAIRMAN: What we are going to have to do here, Dick, in all fairness to you: We are going to have to recess this. We are going to have to sit. down with the Planning Board and find out exactly when this kitchen. situation was removed -- .because I am almost positive that it was removed during the SEQRA .negotiations; and, you know, there had to be a mitigation from 76 to 69 units-- ZBA, Hearings - 28; �may 20, 1993 MR. HAEFELI : 'I am saying --What was the mitigation? The size of the project was too big. The buildings were too big. It obstructed the view. I didn't bring all that with me tonight. But if you want me to, in ten minutes I can find you mitigation. I 'm not sure you have that. Those were the basic reasons for it. And, remember, at that point in time, when the SEQRA determination came down, the size of the units were 850 square feet, all right. They were concerned about the size. As a result of this, and I am saying as a result of this application, the Town Board adopted a change, reduced the size of the units down to 600 square feet. THE CHAIRMAN: Which they ended up being. MR. .HAEFELI: They reduced, they told us, because of the. size for 'the. impact you have to reduce the number --we were entitled to• 76 . The Planning Board could not normally reduce the number down; but under SEQRA Planning Boards can do a lot of things, and they told us we had to reduce the number down to 68 units, which is what we did; and I emphasize to you, there was no determination made by any board with reference to kitchen/kitchenettes, and the reason I say that is very simply before February of 1989 in this Town you could put a motel in and you could put kitchenettes in, without any question. In 1989-- BOARD. ASSISTANT-CLERK: I am not sure. We would have • to get the old Code to doublecheck. 9 ZBA Hearings \. - 29 May 20, 1993 THE CHAIRMAN: Yeah, see, that is what my concern is-- MR. HAEFELI (interposing) : Well, the old Code makes no reference to it. BOARD ASSISTANT-CLERK: I think it does. It had an amendment to-- MR. HAEFELI (interposing) : I have it right here-- THE CHAIRMAN: See, -Dick, what the problem is-- MR. HAEFELI (continuing) : A motel - a building containing guest rooms, each of which-- BOARD ASSISTANT-CLERK: What is the date it was amended though? __' 88 or ' 89? Because they have an amendment. MR. HAEFELI : This would be ' 85. BOARD ASSISTANT-CLERK: No, there is an amendment --in 1988 that defines it. MR. HAEFELI : What? - BOARD ASSISTANT-CLERK: Transient and resort. .MR. HAEFELI : That is the new code. BOARD ASSISTANT-CLERK: No, that is 189 . I am talking about before that there was an amendment, before that. So I am not sure what you are saying is correct. MR. HAEFELI : Well, until. 185 . BOARD ASSISTANT-CLERK: I 'm talking about after 85 (and before 89) . MR. HAEFELI :Up until ' 85, ' 86 when our application was started,-- i t ZBA Hearings . 30 •"'" May 20, 1993 BOARD ASSISTANT-CLERK: ' 87. MR. HAEFELI (continuing) 187, this is the definition in effect. BOARD ASSISTANT-CLERK: But we made a decision in 1989 when the new law was in effect. - MR. HAEFELI: You made a decision under the new Code. My point is we proceeded for three and a half years under a code that was in effect. - The code was changed in February. After the Code was changed, these other factors came. into' play; and what I am saying to you is - we have a resort motel. What application is before this Board tonight is simply an application: Does a resort motel allow kitchen cooking facilities' or does it not? And I am saying to you, based upon everything I have submitted, a resort motel allows cooking facilities as opposed to a transient motel. BOARD ASSISTANT-CLERK: I had one thing-- THE CHAIRMAN: Could you wait one second and I 'll be right with you. THE CHAIRMAN: The problem I have is that we work on a building block system, okay? And we do have an outstanding decision on this application, okay? And I would rather put that all back in perspective, because I had no idea --I thought you were just addressing the specific issue tonight,, of what the interpretation was . ZBA Hearings � ` 31 May 20, 1993 BOARD ASSISTANT-CLERK: Well, that is what I believe he is doing. MR. HAEFELI : No, I am not doing that. I am asking- BOARD ASSISTANT-CLERK: He is asking us to interpret what the Planning Board said. MR. HAEFELI : To be honest with you, I thought the rider to my application pretty well -- I am addressing an issue, does, we have a resort motel. You have .a definition in your Code of a resort motel. BOARD ASSISTANT-CLERK: Wait. Before you get to that, I advertised it for transient for one reason. Can I. explain it please? MR. HAEFELI : Go ahead. BOARD ASSISTANT-CLERK: The reason I did. is because their file, -this special exception file, shows that there was a manager's unit, and only the transient motel provides for a manager' s unit. It is not provided under resort motel, so that is why it was advertised that way-- MR. HAEFELI (interposing) : I understand what you did, but I am saying that we had a denial in April of ' 89 -- ' 90?-- from the Building Inspector which started the ball rolling here, and that denial was on a resort motel. BOARD ASSISTANT-CLERK: Because you were asking for resort. But at the time you had transient. ZBA, Hearings "- 'May May 20; 1993 MR. HAEFELI (interposing) : It never has been. There has been an inference by certain people in the Planning Board that because you have a man-- and I cover that in my memorandum, that because you have a manager's office or manager's apartment in a resort motel in this complex, and it specifically says .you can have one .in a transient motel, it automatically means this has to be a transient and it is not a resort motel. BOARD ASSISTANT-CLERK: There is one more reason-- MR. HAEFELI (continuing) : The small and simple answer to that is you don't need to specify having a manager's apartment in a resort motel because cooking facilities would be permitted. A transient motel excludes cooking facilities . A transient motel has to have a provision in there for a manager who is going to be there all the time. As I say in my memorandum, the logical conclusion of that thinking is that a transient motel can have an on-site manager 24 hours a day, but a resort motel cannot. And any motel that is open to the public . has to have somebody there all of the time. THE CHAIRMAN: Okay. Listen, if what you are saying is correct to the best of everybody's ability, okay-- MR. HAEFELI.: Going back. to 184 . That is a long time. THE CHAIRMAN: If that is the case, all right, then .there is certainly a little. more credence to the fact that regardless of how the decisions came about, there is an inertia, okay, in my particular opinion, okay, toward the feeling that ZBA Hearings `. ' 33 May 20, 1993 ' you are perpetuating. All right. However, I cannot, I am totally negating that at this point until I have the building blocks of where we are to the point of 1991 or at least the hearing that has been held up ever since. BOARD ASSISTANT-CLERK: With the Planning Board especially because we don't have everything-- THE CHAIRMAN (resuming) : So it necessitates me, all right, because this is the way we work, all right, to really get together with them and discuss with them how we got .t.o this particular point, because there are at least- three members on that Board who were there at the time, all right; and that is Richie Latham,' Dick Ward, and Benny Orlowski. So let me do that, and then we will get back to you. And we will reschedule this and complete the whole thing. MR. HAEFELI : That's fine. BOARD ASSISTANT-CLERK: Anything you have in the meantime, you can--. THE CHAIRMAN: Then give me the stuff you have. MR. HAEFELI : I have a memorandum which I will send to. you. THE CHAIRMAN: Okay, and we will read that, and then we will get back to you, okay? MEMBER VILLA: , I have a question that .might come up in here too. • THE CHAIRMAN: Surely. ' p ZBA- Hearings 34 k11ay 20, 1993 MEMBER VILLA: I don't know if it is pertinent to the interpretation, but when the plans were filed, did they show any signs of kitchens in these units? MR. HAEFELI : When they were originally filed, no. We have a building permit for what is there. We have now applied, filed for an amended plan. MEMBER VILLA: That is why I asked this for the simple reason that you say you have contracts that are in effect with Greenport. MR. HAEFELI : Yes . MEMBER VILLA: They're in effect for a certain amount of flow. The Health Department would be concerned on this if the plans change, in other words, if you come back with plans that show kitchenettes, that generally changes the flow criteria per unit. MR. HAEFELI : You are right, but we had a flow criteria for units in excess of what we have. MEMBER VILLA: I 'd be interested to know if the contract with Greenport would cover the flow you are talking about with kitchenettes, because if it doesn't, you might have to renegotiate; and I don't know if they are in a position, what with their plan and capacity and everything else, to be able to take the extra flow. BOARD ASSISTANT-CLERK: Just let me turn the tape please. ZBA Hearings 35 May 20, 1993 THE CHAIRMAN: Bob, I am not taking anything away from your question, all right? Because we are still trying to wrestle with the idea of how we got -- MEMBER VILLA: I realize that, but, you know, the presentation was made that he has got these contracts that are in effect, and I just question as to whether they would still be valid °or not if the flow changes. That 's all. MR. HAEFELI: Do you have a copy of the contracts in the file? They are there. MEMBER DINIZIO: Right here, but there is no indication of kitchenettes . MR. HAEFELI : It says 76 units, two times two and a half people a unit times a hundred equals 19 gpd. MR. HAEFELI : Again, I really want to be sure this Board understands what I am here for tonight. We have an approval. We have a plan. We have a Building Permit. I think people are entitled to amend Building Permits . Otherwise, we would be -- We amended the permit to ask for kitchenettes. We were denied by the Building Inspector. I am coming in to this Board because we .have a resort motel and I want this Board to say "yes, they are permitted in the resort motel. district, " or "they are not permitted. " That is the issue before the Board tonight. MEMBER DINIZIO: That is the only answer you want? MR.. HAEFELI: That is the answer. ZBA Hearings 36 May 20, 1993 THE CHAIRMAN: Yeah, but it's not really a generic answer, okay, because it really concerns this particular motel unit. It is not necessarily-- MR. HAEFELI (interposing) : Mr. Chairman, in all due respect to you, unless there.. is a condition --and there is .no condition-- in the Planning Board with reference to that; I have explained to you exactly what took place and I have given you the two copies of it. THE CHAIRMAN: I have to read the SEQRA 'determination, Dick before that. I apologize, but I got to-. MR. HAEFELI : ' There is nothing to my knowledge,. and I haven't read that in six years, but there is nothing in the SEQRA determination that 'has anything whatsoever to do with the issue before you. Your code either permits it or doesn't permit it. And if it doesn't permit it, fine. And I am saying to you that it does, based upon everything that I have submitted; and you can't make a determination otherwise: BOARD ASSISTANT-CLERK: What about the manager' s unit though? Suppose the Board says the kitchen or cooking facilities and kitchenettes are allowed in the motel units. MR. HAEFELI : Yes . BOARD ASSISTANT-CLERK: A manager' s unit would .be another use on the property. MR. HAEFELI: That has been approved. ZBA Hearings � . g 37 May 20, 1993 • BOARD ASSISTANT-CLERK: Well, that has been approved based on the map you. submitted, not the 1991 map. That was approved on the transient category by the Board-- MR. HAEFELI (interposing) : - No, no. There has never been a transient motel approval under the definition in your Code as it stands today by any .Board. BOARD ASSISTANT-CLERK: In youZ opinion. MR. HAEFELI : No. Okay, fine, in my opinion, and I am the attorney, yes . In my opinion there has not• been.. BOARD ASSISTANT-CLERK: Okay. MR. HAEFELI : We never made an application for -- Nobody in his right mind would ask for a transient motel out there and spend all that money for a transient motel. Why would a person put 'a motel up there? To attract people in the summer, vacationers. That's the purpose of it. That whole strip of land is all resort, between the hotels, the condos and the other buildings there. And, Mr. Villa, the answer to your question in . all honesty is, that could become a problem as, when and if --and I don't think it is-- but if it is a problem, it becomes a problem at the point in time when we get to there. We haven't gotten to that point. MEMBER VILLA: Okay. You brought it up so I just questioned it. MR. HAEFELI : I wanted to make sure you knew we had contracts . ZBA Hearings = - 38 �uay 20, 1993 MEMBER DINIZIO: I see something in there that I don't particularly think that you are saying to us, you are saying to me, that you have approvals, okay, for what you are asking us .for. . MR. HAEFELI : That's correct. MEMBER DINIZIO: And you have gone through the Village of Greenport and got approvals . But now you are not so sure. MR. HAEFELI: What do you mean? I am sure. I am saying to you, I have an approval, I have a contract-- Excuse me? MEMBER DINIZIO: I would like to speak if you don't mind, and then you can answer my question. MR. HAEFELI : Okay. MEMBER DINIZIO: You are saying to us, this is what I hear, that you would like to have kitchenettes. in a resort motel Tidemark,. th•at you. have gone through, you have approvals from the Village of Greenport, okay, for such. Yet when I ask you a question: Did you have kitchenettes in the plans when you applied for them? You said "No. " MR. HAEFELI : No, we didn't have plans because we had --in 1986 we had plans that were somewhat different from the plans that were finally approved. We had plans for 76 units of between 900' and a thousand square feet versus 68 units at 600 square feet--. MEMBER DINIZIO: With kitchen. MR. HAEFELI : I 'm sorry. ZBA Hearings 39 May 20, 1993 MEMBER DINIZIO: With kitchens? MR. HAEFELI : No. I am not sure, to be very honest with you, and I don't have the answer to this I 'm not sure a plan --which you are talking about as far as a plan-- when I was up here a minute ago. I am not sure that was ever given to the Village of Greenport. When we negotiated with the Village of Greenport, we said: "This is what we want. " And- they said, "This is what you have to do. " So I am not going to either represent one way or the other; but this is going back a number of years-- I don't know whether or not we gave what you are talking about as far as a plan goes, which is a diagram, because I don't think we had them back then. BOARD ASSISTANT-CLERK: We don't have the same plan in our file. MEMBER DINIZIO: I am just. saying you represented to me basically that you went to the Village of Greenport, said that what you ,are asking us for, they agreed with. Now basically you are saying, really, maybe that isn't so. MR. HAEFELI : No, that is not what I am saying. Look,- I am saying all I am asking you to do is look at your Code and see whether it is Tidemark or the one down the street, or anyone else that is in the RR District, and is making an application for resort motel, are they entitled to kitchenettes? Does the .Code permit kitchenettes? That is the only question I am asking -you to resolve. ,ZBA Hearings , 40 '�,iay 20, 1993 MEMBER DINIZIO: Are they entitled to apply to all agencies for resort motel? You certainly are. I have absolutely no problem for you to apply to all agencies for resort motel with kitchenettes. No problem. MR. HAEFELI : What does that have --You don't have a problem with that? MEMBDR DINIZIO: Absolutely no problem whatever. BOARD ASSISTANT-CLERK: Making his application. MEMBER DINIZIO: I have no problem whatsoever with you making those applications. MR. HAEFELI : `That's all I am asking is, what does it mean, what does the meaning in resort motel mean? Does it mean because you can't have them in the transient, can you have them in the other? That is the only question before you. MEMBER DINIZIO: I agree. BOARD. ASSISTANT-CLERK: You were talking about other agencies that you went to, and you are tying that into this interpretation, right? MR. HAEFELI : What do you mean? No. I am not tying that in. I gave a history. What I .tried to do is give a history and a background-- THE CHAIRMAN: But you see we-- MR. HAEFELI (continuing) : I am coming here -and asking for an interpretation. I am asking for an interpretation on a ZBA Hearings �.. 41 May 20 1993 ' F denial by the Building Inspector. We said we wanted kitchenettes and they said you've got to come here. BOARD ASSISTANT-CLERK: But you started out explaining the whole process, right, so we have -to now go back and meet with the Planning Board? MR. HAEFELI : No, I don't think you have to meet with the Planning Board. In all due respect, I don't think you have to meet with anybody. You have to sit down and determine whether or not . kitchenettes are permitted in a iesort. motel. That is the question this Board has to decide. MEMBER DINIZIO: We certainly have to make our decision in light of the facts . THE CHAIRMAN:, Yeah, but it does concern this particular piece of property, dramatically. BOARD ASSISTANT-CLERK: It also pertains to what you approved under the old special exception. That is very important. THE CHAIRMAN: That's right. That is what I am saying. MR. HAEFELI : It applies to every resort motel. It applies to the definition. THE CHAIRMAN: You are absolutely correct. MR. HAEFELI: The Board put a definition in, in 189 . Before 189 there was no definition. All. I am sabring is, that is what I am asking you to decide. • , ZBA Hearings 42 may 20, 1993 THE CHAIRMAN: We will make a decision; I am going to recess it at this point; we can close it at a special meeting if we have to, okay; but we have to discuss this briefly with the Town Attorney et cetera; and so we will let you know exactly where we are going from here. Are you going to submit the brief? MR. HAEFELI: I will submit the brief. There is one other thing, Mr. Villa, that they did --The Health Department, the biggest thing the Health Department asked for was construction drawings, if I remember correctly,- of the laterals coming in, out and everything else. MEMBER VILLA: - There has been such concern with both the water supply facilities and the sewage facilities in the Village of Greenport and their adequacy, that they would be very interested to see if there is any change in your flow criteria, because the •department has had .a lot. of problems with the Greenport system, and that was my concern, that if the flow increases, whether Greenport would have the capacity to accept it. MR. HAEFELI : I don't know whether Greenport has the capacity to accept as it is, you know, today-- MEMBER VILLA: That' s right. MR. HAEFELI : But we have a contract that we entered into, and they have set us aside as one of the ones that will have it, as opposed-to several of the other people that came in `s ZBA Hearings �y g � 43 May 20, 1993 ' , subsequent to us, because we signed those contracts a long time ago. MEMBER VILLA: It has been an ongoing problem with the Village. THE CHAIRMAN: Thanks so much for coming in. We will get back to you as soon. as we get this thing wrestled out here. MR. HAEFELI : Thank you very much.- THE CHAIRMAN: You're welcome. Anybody else like to say anything? (There was no response. ) THE CHAIRMAN: Seeing no hands, I make a motion recessing the hearing without a date. (Seconded and carried; see Clerk' s record. ) Verbatim transcript prepared from recorded- tape. jdr End of hearings . w TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ------------------------------------------X In the Matter of the Application of . MEMORANDUM Cliffside Associates for an , Interpretation , -------------------------------------=----X This is an application by Cliffside Associates for an interpretation a that cooking facilities/kitchenettes are permitted in a resort motel. It is important for the Board to understand the histor y of the applicant's attempt to develop this property. ` When the applicant purchased the ro er p p ty in 1984 it was located in the M-1 General Multiple Residence District. Multiple dwellings, hotels and motels were permitted uses by way of a special exception from this Board in the M-1 district. Shortly after acquiring the property, the applicant filed an application for the construction of multiple dwelling residences on the basis of one unit per each 6,000 square feet of land area, which was the permitted density at that time. f On April 9, 1985, while the applicant's proposal was pending,g, the Town Board amended the provisions of § 100-116 of the Code to increase the density from one unit per 6,000. square feet to one unit per 10,000 square feet. �- A,,;; �mtt ;M1l; Thereafter the applicant in July of 1986 filed an application with this Board to permit the construction of 76 Motel units as permitted pursuant .. to the provisions of the Zoning Code. The Zoning Code provisions in effect at the time this application was filed made no reference to kitchenettes or cooking facilities being either permitted or prohibited, but as to hotels it specifically stated that there would be "no provision. . . made for cooking in any room individual or apartment." Motels in the area of the applicant's property.built under this Code have, cooking facilities so it was considered permitted under this Code. In addition to filing for a special exception, the applicant filed for site plan approval with the Planning Board. The Planing Board in 1986 adopted lead agency status- and required the applicant to prepare an environmental impact statement which was finally accepted by the Planning Board in March, 1989. After adopting the final environmental impact statement, the Planning Board required the applicant to reduce the number of units from 76 to 68 and to reduce the size of the units from 850 to 600 square feet. This Board, in its determination granting the special exception, also required that the number of units be reduced to 68, and that they not exceed 600 square feet in size. It is to be noted that the reduction in the square footage of the units was based upon an amendment to the Zoning Code which became effective s on July 5, 1989. This amendment was adopted specifically as a result of the applicant's proposal. By the time the applicant received special exception approval from this Board in November, 1989 and site plan approval from the Planning Board in December, 1989 the following changes were made to the Zoning Code; (1) the density for residential units was increased, (2) the Zoning classification of the property changed, (3) new definitions for a motel were adopted, and (4) a limitation was placed on the size of the individual units. It is clear from this brief history that several of the changes which occurred in the Zoning Code, have limited and restricted .the proposed uses the applicant intended to put the property to. The applicant is proposing to construct a resort motel on the property and is requesting an interpretation from the Board.that cooking. facilities and/or kitchenettes are permitted in a resort motel. This application comes to this Board'from a notice of disapproval from the Building Inspector dated April 25, 1991, which specifies that a permit was applied for.to include kitchenettes in a resort motel. While this Board and the Planning Board have attempted to characterize the applicant's use as a transient motel, it is the applicant and not any agency of the Town of Southold, who has the right to designate the permitted use it intends to put the property to, and in this case the applicant intends to use the property for a resort motel. This Board's'letter to the applicant's attorney on May 4, 1993, refers to the prior special exception record as one for a transient motel. There never was an application for a transient motel as that use is defined under the current Zoning Code. The original application,to this Board was filed under the prior Code which. did not distinguish between a resort and transient motel and numerous resort motels were built under this definition without the Town making any distinction. At the public hearing on the original special exception, the attorney for the applicant on two occasions referred to the use as a resort motel. Further, this Board in the special exception. approval did not refer to or limit the use to a transient motel. Not only has there never been an application under the present Code by this applicant for a transient motel, all of the factors in this case clearly and convincingly establish that the use was, is, and has always been that of a resort use specifically for a resort motel. The applicant's proposal falls squarely within the purpose for the Resort Residential (RR) District set forth in § .100-60 of the Code which states: The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas . . . where because of water and/or sewers, more intense development may occur. . .. The applicant's project meets all of the elements for a resort development as found by the Town Board in adopting § 100-60. The property is large, consisting of 7.13 acres, it has 406 feet of water frontage on Long Island Sound and the applicant has paid $104,135.00 for public v; .water and sewer contracts. The applicant purchased the 7.13 acres of land for $1,135,000.00. If all that the applicant intended was a transient, motel, the applicant could have purchased the same amount of land without frontage on Long Island Sound for $30,000.00 an acre or for about $250,000.00 as opposed to $160,000.00 an acre or $1,135,000.00. The size of the units were shown on all plans as being between 850 and 1,000 square feet until July, 1989 when, based on this application, the Code was amended to limit the size to 600 square feet. Even now the units have 2 bedrooms and are substantially larger than the 250-350 square foot rooms provided by transient motels such as Hampton Inn. Further, the site plan as approved provides for access to the beach an amenity referred to in the definition of a resort motel but not a transient motel. The site plan also provides for two tennis courts an amenity found in a resort motel'but not in a transient motel. Finally, it is incomprehensible that anyone in the Town of Southold would refer to this project as a transient hotel. The project is located next to the Village of Greenport and abuts the Sunrise Motel, a resort motel, and is 2/10 of a mile east of the Soundview Inn, another resort motel. The traffic generated on the eastern end of the Town would not support a strictly transient motel. The only basis for stating that the proposal is a transient motel is a memo from the Southold Town. Planning Board dated October 9, 1989 that the proposal should be treated as a transient motel since a manager unit is provided for and such a unit is permitted in the definition of transient motel. A letter from the then Town attorney dated November 22, 1989 used the same rational as well as the fact that cooking facilities were not shown on the plan to state that it was a transient motel. These conclusions are wrong for the following reasons; (1) as previously stated, prior to February 25, 1989 when the Code was changed, there was no distinction in the Code between transient and resort motels and the applicant's plans from 1986 showed a manager unit. In addition, an owner's or manager's house was built at the Sunset Motel when the prior Code was in effect; (2) since cooking facilities are specifically excluded from a transient motel under the present definition provision had to be made for a manager's unit otherwise there would be no on site manager staying there. On the other hand, since there was no prohibition as to cooking facilities in a resort motel a manager could have a unit without there being any reason to specifically provide for such a unit. Further, if this rational is followed to its logical conclusion, there cannot be a manager at any resort motel and this defies reality since someone has to be present at all hours to welcome guests be they transient or vacation guests. It must be remembered that the definition of a resort motel states it can be used for transients on a daily basis as well as for vacationers. As to the prior Town Attorneys comment that it was a transient motel since no cooking facilities are shown, the ultimate conclusion is that (1) they are permitted in a resort motel and (2) 'by including them as the applicant has at this time eliminates any claim that the use is a transient motel. It appears that the only reason this Board and the Planning Board are attempting to characterize the applicant's proposal as a transient motel is to avoid determining whether-cooking facilities are permitted in a resort motel. The Planning Board in its two memorandums to this Board not only mischaracterizes the use of the property as either a transient hotel .or motel as referred to in its November 19, 1992 determination, or time- share units as it referred to in its November 8, 1991 decision, it further attempts to cloud the issue by comparing the motel density permitted in the RR district with the residential density in the Hamlet Business District and the memo implies that the applicant is proposing a residential use. The proposed use of the property as stated time and again, by the applicant is a resort motel and this Board and the Planning, Board must apply the Zoning Code based upon the use presented to it, and not as some illusory possible future use. In (DiMilia v. Bennett, 149 A.D.2d 592), an application was denied by the New York City Board of Standard and Appeals on the basis that the "proposed building would be readily convertible into illegal, non- conforming, two-family .homes." In reversing the Board, the Appellate Division, Second Department stated at p. 593 The standard to be applied herein is the actual use of the building in question, not its possible future use. . . . Based upon the DiMilia case this Board is required to consider this application based upon the use proposed by the applicant, that is a resort motel, and it cannot consider the proposal as that of a transient motel or some unfounded use in the minds of the Planning Board and its staff. The Planning Board further makes reference in its memorandums that if the applicant is permitted to install kitchens or kitchenettes it will enjoy,a benefit no other resort motel in' the Town of Southold enjoys. This statement is factually inaccurate. since both the Sunset Motel, which abuts the applicants property on the east and which is a resort ;. motel contains cooking facilities, and within 2/10 of a mile to the west the Soundview Inn, also a resort motel, contains cooking facilities. Finally, the Planning Board's comments cannot be considered by this Board since they not only contain wrong information, but the -information is irrelevant to the present application. The present application is for an interpretation of the Zoning Code that cooking facilities are permitted in a resort motel and since the Planning- Board submitted no information on this point its comments are irrelevant. See, Mauer ofR&T Realty Assoc. v. Amelkin, 145 A.D.2d 636, 367. Since the applicant is intending to construct a resort motel, and has been denied by the building inspector the right to construct cooking facilities/kitchenettes in the motel rooms, this Board is required to render an interpretation as to whether or not cooking facilities are permitted in a resort motel. 1 J L Under the definition of a transient motel, cooking facilities are specifically excluded from being available in any unit. A review of the 5= provisions of a resort hotel contains no such restriction and there was no such restriction in the prior Code's definition of a motel. This Board must strictly construe the definition of a resort motel and any ambiguity must be resolved in favor of the applicant. In construing this definition this Board has to take into account the fact that the Town Board at 'the time it adopted the definition could have included a prohibition against cooking facilities and failed to do so. Had the Village intended to impose such a condition on the exception it could easily have done so. . . . Since zoning regulations are in degradation of the common law, they must be strictly construed against the municipality which has enacted and seeks to enforce them. . . . Any ambiguity in the language used in such regulations must be resolved in favor of the property owner. . . . Allen v. Adami, 39 NY 2d 275, 277. It is clear that the only _objection to the applicant's proposed interpretation is the opposition -by the Planning Board, which is insufficient as a matter of law to have this Board render a determination that cooking facilities are not permitted in a resort motel. This issue .has been before this Board since 1991 which has given the Planning Board more than a sufficient amount of time to make a recommendation to the Town Board to adopt an amendment to the Zoning Code which would specifically exclude cooking facilities in a resort motel: The fact that such a change in the Zoning Code has not been made is proof in and of itself that the Town Board never intended to exclude cooking facilities from a resort motel. Finally, in determining whether or not cooking facilities are h permitted in a resort motel, this Board must take into consideration the operation of the other resort motels in the area. In this case that includes the Sunset Motel which has cooking facilities and the*Soundview Inn which also has cooking facilities in some of its units. The use of cooking facilities in these two motels clearly establishes that the custom and usage in the Town of Southold is to permit cooking facilities in a resort motel. See, Exxon Corp. v. Board of Standards, 128 A.D.2d 289; 151 A.D.2d 438. CONCLUSION Since cooking facilities were not specifically excluded from the definition of resort motel, and were specifically excluded in the definition of a transient•motel, as well as the fact that they were permitted in resort motels under the prior Code requires this Board to render a n interpretation that cooking facilities are included in a resort motel use. Dated: May 20, 1993 Respectfully submitted Richard T. Haefeli, P.C. 48G Main Street P.O. Box 1112 Westhampton, New York 11978 . l i i LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ' ERIC J.BRESSLER 516-298-5300 ABIGAIL A.WICKHAM 516-298-8353 TELEFAX NO.516-298-2012 DANIEL C.ROSS TELEFAX NO. 516-298-8565 LYNNE M.GORDON JOSEPH C.SAVINO HUBERT F.SULLIVAN KAREN J.HAGEN November 17, 1992 Town of Southold Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Attention: Ms. Valerie Scopaz Planning Board Re. : Agreements Cliffside Dear Ms. Scopaz: Per today's telephone conversation I am enclosing a copy of the Water Supply Agreement entered into on April 16, 1987 between the Village of Greenport and Cliffside Associates. Also I am enclosing a copy of the Sewer Treatment Agreement entered into on April 16, 1987 in the above mentioned matter for your records. V yt - lyy , rs, ani C is Enclosures t1 1 9 92 II`'� �e Soo t b lettersv/grp p ly • �i� is � i try j WATER SUPPLY AGREEMENT NOV 19 1992 4- TGV17� AGREEMENT made this aybetwAen i the Village of Greenport, a municipal corporation in Suffolk 1 County having its office and principal place of business at 236 Third Street, Greenport, New York, herein called the "VILLAGE" , j ' 1 and CLIFFSIDE ASSOCIATES, a limited partnership with principal i offices located at 72 North Ocean Avenue Patchogue . N.Y. 11772, herein called the "OWNER". j i WHEREAS , the OWNER is desirous of securing a supply of water . f 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 lay and install. or cause to be laid and installed the water mains , 1 hydrants, fittings and valves described on the map and pre'limina.ryXI E plan 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 I 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 E WHEREAS the OWNER is the owner in fee of certain premises 1 which premises are shown generally on a map and preliminary plan r annexed hereto, made a part hereof and marked Exhibit " A" , and entitled "Cliffside" ; and t LAW OFFICES OF j JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW VORK 11901 1 i 4 WHEREAS OWNER is about to commence a development known as "Cliffside" in Southold Town and wishes .to construct water mains and install hydrants on the certain rights of way on a certain map entitled "Cliffside" consisting of one drawing, which is attached { t hereto, made a part hereof, and marked Exhibit "B" , and to connect with the Village Water System marked Exhibit "C" in conformity } 1 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.y herein, it is mutaully agreed as follows : FIRST. OWNER will install at its own cost and expense, i water main for supply. and distribution, throughout the development{ t as more fully shown on the Exhibit attached hereto prepared by J Henderson and Bodwell , dated January 12, 1987. Said installation f. shall . be in conformity with the agreement herein and the rules andA- regulations of the VILLAGE. 9 SECOND. Locations of all mains , hydrants , and appurtenances ) i are shown on a copy of the map entitled "Utility plan for Cliffside". THIRD. All necessary engineering work, trenching, laying, i joining , backfilling shall be done by- OWNER and shall sometimes I 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 LAW OFFICES OF JOHN J.MUNZEL , 548 ROANOKE AVENUE / AIVERHEAD,NEW VORK 11901 VILLAGE for all hydrants located within . the subdivision. J 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- 1 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. ;. 1 t SIXTH. Until such time as rental for such hydrants is i assured and paid for by the East-West Fire Protection District, + J OWNER will pay annually to the VILLAGE such rental for such hydrants as is from time to time being -paid by such District to j 1 the VILLAGE for other hydrants in the' District. �. SEVENTH. The standards for the installation' of the piping and} i. the hydrants shall be in accordance with the ,followinq specifica T tions: (1 ) polyvinyl chloride pipe (AWWA Spec. C-900 ) Class 150 � . or equal with q push-on joints/couplings and underground metallic warning tape or ( 2 ) cement-lined ductile iron pipe (AWWA spec. I 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 ) i 2 ) Peak Day Demands= LAW OFFICES OF JOHN J.MUNZEL , 18 ROANOKE AVENUE i JERHEAD.NEW YORK 11901 7 { tc 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- . i 3 ,200 gallon/hr. 1 All interior mains will be 811 and will be connected to the existing 12" water main on Middle Road s i ' EIGHTH. The VILLAGE will supplywithout charge to OWNER suf � F 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. i . i 1 NINTH. The WORK shall be inspected by the VILLAGE which hereby delegates its Superintendent of utilities or his designee i full power of inspection hereunder. OWNER will grant complete freedom of access to all parts of the premises and the WORK for . i inspection. The VILLAGE will have an authorized inspector at the' ' I site at all proper times so as not to delay the work. No work no 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. i TENTH. OWNER will , and by -this agreement does , upon appro- val of the completed work, which the VILLAGE will indicate to the OWNER in writing, dedicate the mains to the VILLAGE, and does i hereby grant and convey to the VILLAGE an easement and right of ? way for the purpose of laying, relaying, re airin ' A g , operating and! maintaining water mains , both supply and distribution , and appur-- LAW OFFICES OF OHN J.MUNZEL ROANOKE AVENUE ZRHEAD.NEW VORK 11901 1 tenances , including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or private 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 1 t appurtenances and the rights of way and easements shalt be deeded to the VILLAGE its successors or assigns. and shall forever remains the property of the VILLAGE, its successors or assigns . The rights of way shall be over the .lands herein described and marked. ; Exhibit "Ell. 1 i ELEVENTH. The easements herein granted are not exclusive, and other easements in said streets may be granted by OWNER to 2 other persons or corporations maintaining public services 1' throughout the development, provided that no other mains are set i . within two feet internally of the water main and no poles are se .. x 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 the! VILLAGE in writing of the exact location of the intersection !i I forthwith upon installation and shall supply maps to the VILLAGE ' I showing the exact locations . Said intersections shall not be per- i mitted without prior written consent of the VILLAGE. ? TWELFTH. If OWNER contracts with a third party for the WORK, 1 as the parties contemplate will be the case, the VILLAGE will exa-- i LAW OFFICES OF i :OHN J.MUNZEL ROANOKE AVENUE i --RHEA D.NEW PORK 11901 i I j i I _ isJ e:. 3 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 in such i 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. i THIRTEENTH. Upon completion, inspection and approval the j 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. 1 , FOURTEENTH. The parties understand that final approval of the OWNER'Ss appliclations have not been given by all .necessary � public authorities. The VILLAGE enters into this agreement to It assist OWNER in securing such approval, and by way of contrac- tually assuring to OWNER public water supply, if .said appli- caltions are approved. f FIFTEENTH. A one inch _(111 ) service line shall be installed S to each building, with a curb stop near the property line. This { installation is under the direction and supervision of the Greenport Water Department. i SIXTEENTH. The VILLAGE requires a cash contribution of six hundred sixty-eiqht dollars and twenty ( $668 . 20 ) cents per motel unit to be placed in the VILLAGE ' S Water Department Reserf;i=- i Fund to help gain new production supply, so as to assure OWNER - ` 1.A•N OFFICES OF future adequate supply. It is contemplated by this contract thy - -KJHN J.MUNZEL 548 RCANOKE AVENUE / RIVERMEAD,NEW YORK 11901 , J ' A . 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 y' total of fifty thousand seven hundred eiqhty-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 approva� by the Village Board of ,Trustees. In the event that the per mote d } unit cost is increased or decreased between the execution of this agreement and the application for water, the OWNER shall pay the , i. 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 i. water times the number of motel units covered by said application.1 Said payment shall be in bank, or certified check and shall be paid; 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 i i all funds so deposited by the VILLAGE as the sole exclusive pro- perty of the VILLAGE and the OWNERS shall have no claim thereon. ' 1 Notwithstanding the above, in- the event that the Town of i Southold does not approve the application of OWNER, the VILLAGE LAW OFFICES OF - JOHN J.MUNZEL 548 ROANOKE AVENUE , 'IVERHEAD,NEW YORK - i 11901 i will refund the aforementioned amounts with. thirty ( 30 ) days of receipt of notice of disapproval . SEVENTEENTH. The WORK contemplated by this agreement shall bel completed within 24 months of final approval of plans by the Town j of Southold, or within additional periods of 24 months each, i however, it is hereby mutually agreed and understood that all spe s 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 standards 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 lai& . shall be deemed dedicated to the VILLAGE, and the OWNER shall in s confirmation of such passage of title, execute an instrument 3 f transferring and assigning to the VILLAGE the title, free and clear of all encumbrances or liens to the mains , hydrants , valves i 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 fcr the perpetual maintenance, repair or replacement of said mains arid; fittings including the right to extend the mains and to connect them with other mains to be laid by or under the supervision of i the VILLAGE The instruments so executed shalt be in recordable LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW VORK ! 11901 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 r VILLAGE will accept the assignment and conveyance of the mains, { f 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-- f tions , separate construction contracts ,may .be let for such sec- tions pr.oviding the extent of such separate sections shall be in l the opinion, of the VILLAGE sufficient to warrant a separate con- + sideration. f TWENTY-FIRST: This agreement contains the complete agreement ; between the parties for the acquistion by the VILLAGE of the . 1 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 I the contrary which may or may not be enacted. I y TWENTY-SECOND. This agreement shall enure to the benefit and shall bind the respective heirs , legal representatives , successors ; or assigns of the parties hereto. LAW OFFICES OF ' JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD,NEW VORK i 11901 ' 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 In t four (4 ) counterparts, all of which shall constitute originals , thk day and year -first above written. 1 i ATTEST: VILLAGE OF GREENPORT ' I , By: Clerk Geor ,;W. Hubbard, Mayor If CLIFFSIDE ASSOCIES , a limiter! I partnership by: NEIL ESPOSITO i . , , 1 t I 1 I . f i i I a i r LAW OFFICES OF - JOHN J.MUNZEL SM ROANOKE AVENUE RIVERHEAD,NEW VORK , 11901 r f ' d • II STATE OF NEW YORK) i COUNTY OF SUFFOLK) I On the /:? a day of February, 1987 , before me personally camp NEIL ESPOSITO, general partner of the limited partnership known ash CLIFFSIDE ASSOCIATES to me known and known to me to be the indi- vidual described in and who executed the foreqoing instrument, and! acknowledged that they executed the same . and that he was authorized to execute said docum\e�nt NOTARY f ilf.ir' ^, r.I _ 1 Ho. 524 NOTARY PUBLIC j lir c In hhhfl�w !.cu^�F V ! STATE OF NEW YORK) } 1 COUNTY OF . SUFFOLK) On the " `day of—F�4a+y, 1987, before me personally came, GEORGE W. HUBBARD to me known, who, being duly sworn, did depose and say the he resides at No. 178 Central Avenue, Greenoort, 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 ord6li. of the Board of Directors or said corporation, and the he signed:: .,;.. his name by like order. .` NOTARY PUBLIC,State of N.Y Suffolk Co.No.4735151 NOTARY PUBLI Y ' Term Expires l 30,19& s E }I i 1 i r r r LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKC AVENUE , RIVERHEAD,NEW YORK 11901 , 1 SEWER TREATMENT AGREEMENT AGREEMENT made this / day of 1987 by and between I the Village of Greenport, a municipal corporation 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" . i WHEREAS , the VILLAGE owns and operates a municipal sanitati.o:: 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 y. the property shown on the map .and preliminary site plan, attachedt hereto, made a part hereof and marked Exhibit "A" , and WHEREAS the OWNER is willing at its cost and expense to lay j i and install or cause to be laid and installed the sewage collec- tion system and/or water line described on the map and prelimina;-3-; plan and to transfer and convey same to the VILLAGE upon comule- tion and if necessary and . to give and procure easements for the ! maintenance of said sewage collection system and/or water line , and ; WHEREAS , the VILLAGE is willing to collect the sewage from LAW OFFICES OF JOHN J.MUNZEL i 8 ROANOKE AVENUE , 'ERHEAD.NEW YORK 11901 f i S 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 j 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 I "Cliffside" at Town of Southold, New York and wishes to construct { a sewage collection facility and/or water line on the certain i rights of way on a certain map entitled "Cliffside" , consisting o;'1 4 one ( 1 ) drawing, which are attached hereto, made a part hereof , t and marked Exhibit "B" , and to connect- with the Villaqe Sewage r f i treatment System marked Exhibit "C" .. i 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 sewaqe throughout I the development as more fully shown on the Exhibit "D" attached hereto, prepared by Henderson & Bodwell, dated 1/8/87. Said i 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, trenchinq , laying . LAW OFFICES OF JOHN J.MUNZEL 5413 ROANOKE AVENUE , OVERHEAD,NEW YORK 11901 R joining, backfillinq shall be done by OWNER and shall sometimes hereinafter be called "WORK" . t FOURTH. The standards for the installation of the piping shall be in accordance with the following specifications: The water demand: l 1 ) Average Daily Flow: 76 units x 2. 5 people/unit x 100 gpd/capita = 19, 000 gpd f 2 ) Peak Day Demand: t 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 ! =_ t 3 ,200 gallon/hr. FIFTH. The VILLAGE will supply without charge to OWNER sui #. ficient water to make essential tests and to leave the system ort ` final approval completely sanitary, said supply to be not less i / than 160 pounds per square inch. i Y j 1 SIXTH. The work shall be inspected by the VILLAGE which 1 hereby delegates its Superintendent of Utilities or his designee full power of inspection hereunder. OWNER will grant complete t freedom of access to all parts of the premises and the WORK for inspection. The VILLAGE will have an authorized inspector at the i 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-1. filling shall be done until the pipe and the work in the trench . has been approved and tested by the inspector. LAW OFFICES OF JOHN J.MUNZEL - 548 ROANOKE AVEN::E 1 RIVERHEAD,NEW YORK i 11901 t i t • i i SEVENTH. OWNER will, and by this agreement does, upon i approval of the completed work,. which the VILLAGE will indicate to� the OWNER in writing dedicate the sewage collection facility I and/or water line to the VILLAGE, and does hereby grant and conveyi to the VILLAGE an easement and riqht of way for the purpose of i laying, relaying, repairing, operatinq and maintaining sewage i collection facility both supply and distribution, and appurtenan••- ces , including domestic services in the full length and width of what is now or hereafter existing public or private 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 rnain:, 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 r property of the VILLAGE, its successors or assigns. EIGHTH. The easements herein granted are not exclusive, ant; 1 other easements in said streets may be granted by OWNER to other 1 f persons or corporations maintaining public services throughout th_ 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 SC?r-- vice necessarily crosses the sewage collection Eacility OWNEIR advise the VILLAGE in writing of the exact location of the LAW OFF1Cr5 OF -'•)HN J.MUNZEL ✓: ROANOKE AVENUE ?dVERHEAD•NEW VORK 11901 section forthwith upon installation and shall supply maps to the VILLAGE showing the exact locations. Said intersections shall. not! be permitted without prior written consent of the VILLAGE. I NINTH. If . OWNER contracts with a third party for the WORE, as the parties contemplate will be the case, the VILLAGE will ex.a- mine the. proposed contract, plans , and specifications , and i promptly furnish OWNER and the third party contractor with a. writ- ten statement of what part, if any, of the WORK proposed to such S contract should be revised to insure approval by the VILLAGE. Th;2 VILLAGE will not require any abnormal conditions , unless the t situation at the site shall require them. TENTH. Upon completion, inspection and approval the VILLAGE i. will collect the sewage from the development and the owners of t? •=:. lands therein at the rates and pursuant to the rules and regula_'�! tions of the VILLAGE in force from time to time. . I_ ELEVENTH. The parties understand that final approval of the OWNER'S applications has not been given by all necessary j public authorities. The VILLAGE enters into this agreement to t S assist OWNER in securing such approval , and by way of contrac- tually assuring to OWNER public - sewage system if said agplicatior_�;i are approved. TWELFTH. The VILLAGE shall require a cash oavment 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 alccoun ', LAW OFFICES OF to help maintain and expand the sewage treatment facilities of - JOHN J.MUNZEL 548 ROANOKE AVENUE ; RIVERHEAD,NEW VORK 11901 I ' VILLAGE as may be necessary from time to time so as to assure OWNER of future adequate sewage disposal. It is contemplated by this coptract that the OWNER anticipates construction of 76 motel units. Upon execution of this agreement, the OWNER shall deposit 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 1 to time, dependinq on findings by the VILLAGE'S consulting engi- i neers , ' Holzmacher , McLendon and Murrell , P.C. or their successors' ? and upon approval by the Village Board of Trustees. In the event ' L i•. that the per motel unit cost is increased or decreased between t1je r - execution . of this agreement and the application for sewer hock-up';' the OWNER shall pay the VILLAGE, upon application for sewer hook f1--. J� , 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 l 1 motel units covered by said application . Said payment shall be in^,� bank or certified check and shall be paid to the VILLAGE prior to j any hook-up for sewerage. In the event that the OWNER does not 1' 1 complete the project as contemplated by this agreement or does not: make application for the. full number of motel .units allotted or 7 . 1 specified herein , the VILLAGE shall keep all funds so deposited try; the VILLAGE as the sole exclusive property of the VILLAGE and the OWNERS shall have no claim thereon . LAW OFFICES OF JOHN J.MUNZEL is 548 ROANOKE AVENUE 'UVERHEAD.NEW YORK 11901 Notwithstanding the above, in the event that the Town of Southold does not approve the application of OWNER, the VILLAGE i 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, 1 however, it is hereby mutually agreed and understood that -all sne- 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 Gr.eenport Sewage Department, its sue- cessor, or its authorized agent at each such interval. i FOURTEENTH. The OWNER agrees that upon completion of the . WORK in accordance with any contract made pursuant hereto, title ' ' f to the 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, 4 free and clear of all encumbrances or liens to the sewer lines so j laid and installed and if dwelling units allotted or specified herein, the VILLAGE shall keep all 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 548 ROANOKE AVENUE OVERHEAD.NEW VORK 11901 i i in favor of the VILLAGE for the perpetual maintenance, repair or ) i 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 j i j instruments so executed shall be in recordable form. i FIFTEENTH. The VILLAGE agrees that when the 'installation of- the sewage collection facility .has been completed, pursuant to the'! Vi terms of this agreement, and proper easements have been give, all I as hereinbefore provided, the VILLAGE will accept the assignment { and conveyance of the sewage collection facility and maintain th e'rrd i 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 Y. for such sections providing the extent of such separate sections shall be in the opinion of the- VILLAGE sufficient to warrant a i separate consideration and shall be in the best interests of the overall sewage collection system of the VILLAGE. I i . SEVENTEENTH. This agreement contains the complete agreement j 'i between the parties .for the acquisition by the' VILLAGE of the i R sewage collection system, and the OWNER agrees that .it will not make any claims against the VILLAGE on account of the installation; of the sewage collection system and acceptance of the terms of this agreement , notwithstanding the provisions of any general or r special law to the contrary which may or may not be enacted . LAW OFFICES OF , JOHN J.MUNZEL 543 ROANOKE AVENUE RIVERHEAD.NEW VORK ' 11901 � a t C EIGHTEENTH. This agreement shall inure to the benefit and shall bind the respective heirs, legal representatives , successorsi or assigns of the parties hereto. NINETEENTH. This agreement shall not be assignable by the j OWNER without the consent in writing of the VILLAGE which consent f shall not be unreasonably withheld. i IN WITNESS WHEREOF, the parties have executed this agreement ,i; four ( 4 ) ' counterparts, all of which shall constitute originals , tr, . day and year ,first above written. i ATTEST: VILLAGE OF GREENPOR`1' -4, Clerk ----- Georg . Hubbard, Mayor ; CLIFFSIDF ASSQZ!T— ES, a limitej partnership by: NEIL ESPOSITO 1 l I i 1 1 LAW OFFICES OF JOHN J.MUNZEL , 48 ROANICKE AVENUE / 'VERHEAD•NEW VORK 11901 1 t J ` f •ter, + u - _ . f� 7 STATE OF NEW YORK) COUNTY OF SUFFOLK) On the /k r day of February, 1987, before me personally carte . NEIL ESPOSITO, general partner of the limited partnership known. asi CLIFFSIDE ASSOCIATES to me known and known to me to be the indi- I 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. ,",lear-"'LZ NOTARY PUBLIC STATE OF NE ORK) { .' COUNTY OF SUFFO.LK) On the /6 day of -Fs1k 1987, before me personally camp GEORGE W. HUBBARD to me known, who, being duly sworn, did depose,=' and say the he resides at No. 178 Central Avenue, Greenport, NIew..,. York 11944 , that he is the Mavor 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 orliat of the Board of Directors or said corporation, and the he signed".:' ... his name by like order. �M 1 NANc1 W COOK NOTARY PUBLIC ; NOTARY PUBLIC,State of IV Sutfolk Co.No.4A35151 t Term Expires f , ' i , { 1 i { i LAW OFFICES OF 1 :QHN J.MUNZEL t ROANOKE AVENUE i ERHEAD,NEW VORK , 11901 t r I s' F coo PLANNING BOARD MEMBERS �. SCOTT L. HARRIS I: Bennett Orlowski, Jr., Chairman . , A �r Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Gerard P. Goehringer, Chairman and Members of the Zoning Board of A peals FROM: Bennett Orlowski, Jr. , Chairman and Members of the Planning Boar RE: Appeal No. 4039 by Cliffside Associates - Cliffside/Tidemark Motel County Route 48,- Southold SCTM # 1000-45-1-1 DATE: November 19, 1992 The Planning Board is opposed to the third request of Cliffside/Tidemark Motel for an interpretation of the Zoning Code that would permit the installation of cooking facilities (kitchens, kitchenettes) in the motel units. When this request was made for the second time, in November of 1991, we voiced opposition to such an interpretation, .a copy of which is attached for your information. This memorandum addresses additional issues that have come to our attention in the intervening time. As set forth in the Master Plan and the Zoning Code, the purpose of the Resort Residential zoning category is significantly different from that of the Hamlet Density zoning district. The Zoning Code reads: "The purpose of the Resort Residential (RR) District is to provide opportunity for resort development. . ." The uses permitted within this district by Special Exception are related to the tourist economy. By contrast, the purpose of the Hamlet Density (HD) Residential District is "to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers. . . " The RR district allows transient motels or hotels, while the HD district allows multiple residences. If kitchens or kitchenettes are installed, • the transient motel or hotel use will convert to a year-round residence, for all practical purposes. From the beginning and throughout the environmental review procedure, the project was reviewed as a motel/hotel without eating facilities. According to our files, the applicant has been asked, as far back as 1986, for guarantees that the motel would be operated without kitchen facilities. Cliffside' s water and sewer contracts with the Village of Greenport, which are dated April, 1987 , were based on a projected average daily flow based on 2. 5 people per unit, 76 motel units and 100 gallons per day usage per unit, which is the flow for a motel unit without kitchen facilities. The size (square footage) of the motel unit also is a factor., Therefore, it appears that the addition of kitchen facilities may require another review by both the Suffolk County Department of Health Services and the Village of Greenport. Enc. Sewer and Water contracts - Village of Greenport cc: Victor Lessard, Principal Building Inspector i : _ e'as�i'� + PLANNING BOARD MEMBERS q? F;; SCOTT L. HARRISt t. O •,,;, ;•� 4� �• Supervisor Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. �, Richard G. Ward rJ' Town Hall, 53095 Main Road �,> �� �i: Mark S. McDonald emu` P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Gerard P. Goehringer,, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel - County Route 48, Southold SCTM # 1000-45-1-1 DATE: November 8, 1991 The Planning Board wishes to convey its opposition to the request of the owner of Cliffside/Tidemark Motel for a -favorable interpretation of the Zoning Code so as to permit the granting of a variance to install cooking facilities (kitchens, kitchenettes) in the motel units. The reasons for the Board's position are as follows: The 68-unit hotel complex received site plan approval on December 18, 1989. The site is approximately 7 . 002 acres or 305,005 square feet in area. Construction of 68 unit motel or time-share units, each 600 square feet in size, and with two bedrooms apiece, will result in a site density equivalent to 9.7 units to the acre. The Resort Residential zoning district provides for a maximum density of 10. 89 units to the acre (one unit for every 4, 000 square feet of land area) , provided water and sewerage services are available. By way of comparison, the maximum residential density allowed by the Zoning Code is four units to the acre in the Hamlet Density district (formerly the Multiple Residential district) . Only one residential project, Founder' s Village, has more units to the acre. However, those units are restricted to two residents apiece because of a Health Department variance. In the Resort Residential zoning district, there is no restriction on the number of residents per unit. However the applicant chooses to define the terms "cooking facilities", "kitchen" , "kitchenettes" (with or without a microwave, hot plate, small refrigerator, wet bar, small cupboard, small sink, etc. ) , the addition of same will change the purpose of the project from a resort motel or, more accurately a condo- or time-share motel to a regular residential dwelling unit complex. Granting the right to have kitchens, kitchenettes or cooking facilities, however the terms are defined by the Zoning Board, could set the stage for the conversion of these units from motel time=share units to year-round dwelling units. This is contrary to the intent of the Resort Residential zoning district. In effect, allowing the installation of cooking facilities, kitchens and kitchenettes in 68 units on a seven acre parcel will be granting the project owner a benefit that: 1) is not enjoyed by any other residential complex in any zoning district, and 2) is not enjoyed by any other approved resort motel or hotel complex within Southold Town to the best of our knowledge. If there are such facilities in existence, perhaps there should be an investigation into whether they have been installed legally. Finally, the Planning Board' s approval of this project was in keeping with the findings of the Final Environmental Impact Statement, which was adopted on February 27, 1989. If your office did not receive this document in 1989 as part of the coordinated review, the office staff will supply you with a copy. cc: Victor Lessard, Principal Building Inspector Town Hall, 53095 Main Road =• ` P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 17, 19888 Nov 1 9 1992 �. Huron Sherman iO�80�iRD SOUE� Greenport Public Utilities PLANN�)G 236 Third Street P.O. Box A.H. Greenport, New York 11944 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.. fiery tru y you;?s�,-r' BENNETT ORLOWSKI, JR. CHAIRMAN cc: John Munzel, Esq. David Emilita Gerard Goehringher, ZBA NOV I - 1989 Town Hall. 53095 Main Road -. �� s• :° ,_ � rf- P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1935 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 25, 1989 Jerry Urban, Chief Greenport Fire Department P.O. Box 58 Greenport, New York 11944 Re: Proposed Site Plan for Cliffside/Tidemark Hotel SCTM # 1000-45-1-1 Unicorporated Greenport Dear Mr. Urban: Enclosed you will find a copy of the proposed site plan for the Cliffside/Tidemark Hotel. The Planning Board is required by the Town's Zoning Code to forward a copy of proposed development plans to the fire district responsible for providing protection. It is our understanding .that although this project lies outside of the incorporated Village of Greenport, it lies within the jurisdiction of the Greenport Fire Department. As noted on the enclosed form letter, please review the enclosed plans and mark where fire hydrants and wells should be placed in order to meet your district' s specifications. Then return' a copy of same to this office. It would also be appreciated if you would send us a copy of. your well specifications. A copy of the Southold Fire District' s requirements are included as an example. Further, if you have an estimate of the cost of installing a fire well in accordance with your specifications, please include it with your response. Fire wells of the type required by the other fire districts in Southold Town are included in the performance bond for the amount of ten thousand (10,000. 00) dollars. Because of the large scale of this project and the fact that there will be three inhabited floors in some of the buildings, the Planning Board requests that you notify them if this will present any logistical problems for your existing equipment. "y Truly You Bennett Orlowski, Jr. cc: Francis J. Murphy, Supervisor, Southold Town George W. Hubbard, Jr. , Mayor, Greenport Village Frederick R. Weber, Secretary, Southold Fire District Victor Lessard, Principal Building Inspector, Southold LAW OFFICES OF Nov l " 1992 - t JOHN J. MUNZEL 548 ROANOKE AVENUE ' ii ;;. SOUTHULD TOWN RIVERHEAD.NEW YORK 11 901 r PLP+NNiKIG BUr'E D JOHN J.MUNZEL TELEPHONE 51 6-727-7345 JOSEPH T.JEDNAK August 25 1987 Village of Greenport NOV l 9 1992 '6 236 Third Street Greenport, NY 11944 SQUTH(9LDT00 Attention: Nancy Cook RE: Village of Greenport/Cliffside Associates Dear Nancy: Enclosed please find original fully recorded and filed ease- ment regarding the above-entitled matter. If you should have any questions , please do not hesitate to contact the undersigned at the above address. Thank you for your courtesy and cooperation. Very truly ur , JOHN MUNZ , ESQ. By: Nina L. Malerba, Legal Asst. JJM:nlm AUG 2 8 RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516-288-5455 TELECOPIER (516) 288-5474 December 17, 1990 rJI Superintendent of Public Works ` I Village of Greenport i Village Hall I NOV 1 9 1992 1 �� � Greenport, New York 11944 SOUTI-IOLJ TOVYN I. PLANNING Ei ARD Re: Cliffside Associates Dear Sir: This is to advise you that construction has commenced with respect to the above project, and it is anticipated that work on the water and sewer part of the project will be undertaken shortly. In order to coordinate this matter between your office and my client's engineers, I would appreciate your contacting me as soon as possible. Very. truly yours, Richard FHa /i RTH.jl te aldi P.O. Box 815 Quogue, N.Y. 11959 (516) 653-5588 LSeptember 12 , 1.990��`_':'' ; r..`..` :'.'_; � �a. _J . Village of Greenport 236 Third Street Greenport, New York 11944 Re : Cliffside (Tidemark) Gentlemen: We have been issued the Building Permit and have started clearing the site on Sound Avenue. I am enclosing copies of the signed contracts for water and sewers. We anticipate putting in the foundations this fall. At that time we would need the water and sewer lines installed before the framing and major work is continued. Could you please notify us when you plan- to do hook-up and/or installation. so that we can plan our construction schedule accordingly. Very truly yours , Zi6inneth J edaldi KJT/kw Enclosure = i i�l . 1 RICHARD T. HAEFELI ATTORNEYS COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516 258-5455 TELECOPIER (516) 2B8-5474 March 9 , 1990 4 _ i L ;, Mr. George W. Hubbard, Jr. - Mayor " NOV Village of Greenport ii ._� ;i f I g ,L a 735 mb. ' St y Greenport, New York 11944 �� St'q;iT1I C'LCTOV�'fd Re: Cliffside Associates Dear Mayor Hubbard: I represent Cliffside Associates, and as you know there are out- standing executed sewer treatment agreements. and water supply agreements regarding my client' s proposed construction of motel units on its property .on the County Road. Please be advised that all of the approvals have been received from the Town of Southold and a building permit has been issued, and my client intends to commence construction in the near future. This letter is being sent to you to notify you that he expects, pursuant to the contract, to hook up to the Greenport water and sewer systems at the time of construction.- Very truly yours, Richard�T. Hae;�eli RTH:jl CC: Superintendent of Public Utilities Village of Greenport ........ __. _ . .. _ _. . - .... ... Wetmore Real 'Estate 828 FRONT STREET,BOX 627 MONTAUK HIGHWAY,BOX 972 GREENPORT,NEW YORK 11944 AMAGANSETT,NEW YORK 11930 (516)477-0798 (516)267-8810 April 23, 1986, r ` 's Village Utility Commission NOV 1 9 1992 � Third Street ._ Greenport, New York 11944 SOUP10LD Tffik'N .���.PL11N{`3NG BOAi,D Dear Sirs, As you know it is almost two years since I requested water and sewer service for the Tide Mark project across from San Simeon Pursing Home. I understand that you' are meeting again this month to recertify water availability to other projects. Since I am going to be out of town during your meeting night, I ask you to please include the 'Tide Mark' in your water recertification and process our application through to contract. Thank you. Regards, George W. Wetmore c.c. Jim Monsell file RICHARD PELLICANE (516) 283-7200 ATTORNEY AT LAW April 1, 1986 ' George W. Hubbard, Jr. Mayor Village of Greenport 236 Third Street Greenport, NY 11944 Re: Tide Mark (Cliffside Associates) Dear Mayor Hubbard: I represent Tide Mark (Cliffside Associates) and write to you relating to the on-going application. My clients are proceeding with their site plan application although with a variation in that it will now entail utilization of the property as seasonal usage as per an alternate applica- tion also now on file with the Planning Board of the Town of Southold. Will you be kind enough please to instruct your attorney, who I believe to be John Munzel, to prepare the appropriate contracts for public water and for installation of sewage. Please call me if you need additional information. Thank you. Very truly yours, Richard Pellicane RP:mld cc: James I. Monsell Superintendent of Public Utilities 25 BOWDEN SQUARE. SOUTHAMPTON. NEW YORK 11968 ._.....�.�./�_..._�....._.�.�___._..�...._�..............__..____..._._..:__......._._..`....�._..-....._.._........._..........-...._...._......._...�.._.........._...u....._..r.._....1...-.....�.........:.......Y.�.:.:...u.. ...v...i..i—..•...—......:.ram+-'�L.uL.:3.�..`.:"_... .. HOLZMACHER,McLENDON and MURRELL.P.C. •CONSULTING ENGINEERS,ENVIRONMENTAL SCIENTISTS and PLANNERS 125 BAYLIS ROAD. MELVILLE, N.Y. 11747 • 516-752-W60 July 31, 1985 Mayor George Hubbard Inc. Village of Greenport 236 Third Street Greenport; N.Y. 11944 Re: Tidemark GRPT 85-05 Dear Mayor Hubbard: We acknowledge receipt from Mr. Monsell on July 29, 1985 of . the proposed development plan for the Tidemark development to We situated on the NIS of North Road opposite the nursing home. also have reviewed the letter report by Henderson & Bodwell which sets forth the number of units and estimated water and sewage flows . We concur with the H & B estimates of water use and waste- water discharge. The planned number of dwelling units is 47 , 26 3-bedroom and 21 2-bedroom units. We assume your backbone plant charges will be imposed at the time of contractual agreement. The proposed water supply would be taken from an 8-inch con- nection to the existing 12-inch main on North Road. Eight ( 8 ) inch pipe would be constructed to a point where a loop commences, thereat splitting into 2 6-inch mains to complete the loop. All of the on-site mains would be installed in a 15 foot wide ease- ment (plus hydrant branch easements) . . The Village would own and maintain this main which would be tapped for individual services for each condominium unit. Outside meter pits or multiple meters are recommended. The plans and specifications for the water mains and hy- drants will be prepared by HM&M. The developer can obtain pro- posals from approved contractors and pay directly for the installation. The developer would pay at the time of agreement or prior to preparation of plans and specifications, the sum of $2,800 . for payment by the Village to HM&M. Prior Ito construc- tion , the developer is to pay the Village $1,100: as an estimate for the construction inspection charges . Inspection payment shall be made to HM&M following the installation and inspection of construction. VW% a Formongdele New Yoft • Rwerfrad.New York - :,gip• . - HOLZMACHER,McLENDON 3 MURRELL,P.C. Mayor George Hubbard _2_ July 31 , . 1985 Inc. Village of Greenport If you have questions or comments , please advise. Very truly yours , HOLZ A HERS McLENDON & MURRELL, P.C. S Ac endon, P.E. � . C. SCM:vm cc: James I. Monsell John Munzel , Esq. ATTORNEY AT LAW 828 FRONT STREET ,.;,;' GREENPORT.N.Y.11944 PHONE 1616)477-1016 November 19, 1984 James I. Monsell Superintendent of Utilities Village of Greenport 236 `Third 'Street Greenport., . NY . .11944 Re: Tide Mark Dear Mr. Monsell : Enclosed. herewith please find letter from Wetmore Real Estate dated November 1,. 1984 sent to you by George W. Wetmore . Same is to be construed as a hookup application for the development to the. Village of Greenport Water and Sewer system. The. Town of Southold will not process the application for the development without obtaining a letter from the. Village of Greenport stating that the development will be allowed to hookup to the. Village of Greenport. This matter is urgent and it' is respectfully requested that you act on this immediately. By this- letter I am also applying for a hearing before the Greenport Water- Committee on this project. Very trul y u s William H. Price, Jr. WHP/lg Enclosure cc : Mayor George Hubbard Greenport Water Committee George W. Wetmore Edson & Bruer, Esqs . - . re Rom. 1 Estate �,�,� Wetmore 4 828 FRONT STREET,BOX 627 MONTAL'K HIGHWAY.BOX 9 = GREENPORT,NEW YORK 11944 AI4AGANSETT,NEW Y'ORK 11930 (516)477-07.98 -(516)-267-88,10 Y Mayor George Hubbard & Village Trustees �- Village water Committee ' ' '' Supt. of uti 1 i ties James Mon sell' Village Hall November 1,1934 Greenport, r1.Y. 11944 .3, Re; Tide Clark _4 Dear Sirs. Enclosed is a copy of the sketch plan 'ofthe"Tide Clark", s ` ;;, a copy of a letter we recieved from the Southold Town Planning Board. The Tide Clark is a resort Condiminium of 46 Apartments and one maintennance man apt 47 total ;it is located opposite San Simeone by the sound on L.i .' Sound.0ur estimate in season 3 person average Der apartment =, @100 gallons . . - cif water per day'4 0. Ptitsc�v 02 -_« 14,100 gallons per day dater consumption -10% 1410 -12,690 qaTTons per day sewerage floc -As you,know the;sub-stratta in that area is solid clay so we have no water..br sevier drainage. This creates an extreme hardship without Village water and . ei+ler.The Townof Southold has requested many sub-Divisions to. hook into city wxt## as part of their approval process,most of these developments . can comply with aii*le 6 of the Suffolk County Board of Health as they have adaqua.te tinter and sewer drainage on. s--t W.-We do not- Also don't you think the merchants would appreciate -46 $200,uJUjO New homeowners in the area. x ` Our esticnated time table for service is light service in the Fall o$ 85--1•laintei'at nce apt.and sales office 3-1100 gallons a day,with full actf Ve754p,t,he;rl summer.>:of,t86: We respectfully ask for your cooperation in this difficult , 'matter and ask that you grant us permission to hook .up in the time frame mentioned subject to the normal fees. We need this letter of approval . Respe tfully, George W. Wetmore 5z" -_ PLANNING BOARD MEMBERS �,;s SCOTT L. HARRIS � c;•rd. m.• rgy c Bennett Orlowski, Jr., Chairman °, "�, Supervisor George Ritchie Latham, Jr. � Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-I M MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. .* Chairman RE: Appeal No. 4039 by Cliffside AssociatesR] 1r7 j -; Cliffside/Tidemark Motel r Count Route 48 Southold e y r v 19 1992 s SCTM # 1000745-1-1 tE 1 4 1 i DATE: November 8, 1991 SOUTH0LD TOVVM The Planning Board wishes to convey its opposition to the request of the owner of Cliffside/Tidemark Motel for a favorable interpretation of the Zoning Code so as to permit the granting of a variance to install cooking facilities (kitchens, kitchenettes) in the motel units. The reasons for the Board' s position are as follows: The 68-unit hotel complex received site plan approval on December 18, 1989. The site is approximately 7 .002 acres or 305,005 square feet in area. Construction of 68 unit motel or time-share units, each 600 square feet in size, and with two bedrooms apiece, will result in a site density equivalent to 9.7 units to the acre. The Resort Residential. zoning district provides for a maximum density of 10 . 89 units to the acre (one unit for every 4,000 square feet of land area) , provided water and sewerage services are available. By way of comparison, the maximum residential density allowed by the Zoning Code is four units to the acre in the Hamlet Density district (formerly the Multiple Residential district) . Only one residential project, Founder' s Village, has more units to the acre. However, those units are restricted to two residents apiece because of a Health Department variance. In the Resort Residential zoning district, there is no restriction on the number of residents per unit. However the applicant chooses to define the terms "cooking facilities" , "kitchen" , "kitchenettes" (with or without a microwave, hot plate, small refrigerator, wet bar, small cupboard, small sink, etc. ) , the addition of same will change the purpose of the project from a resort motel or, more accurately a condo- or time-share motel to a regular residential dwelling unit complex. Granting the right to have kitchens, kitchenettes or cooking facilities, however the terms are defined by the Zoning Board, could set the stage for the conversion of these units from motel time-share units to year-round dwelling units. This is contrary to the intent of the Resort Residential zoning district. . In effect, allowing the installation of cooking facilities, kitchens and kitchenettes in 68 units on a seven acre parcel will be granting the project owner a benefit that: 1) is not enjoyed by any other residential complex in any zoning district, and 2) is not enjoyed by any other approved resort motel or hotel complex within Southold Town to the best of our knowledge. If there are such facilities in existance, perhaps there should be an investigation into whether they have been installed legally. Finally, the Planning Board' s approval of this project was in keeping with the findings of the Final Environmental Impact Statement, which was adopted on February 27, 1989 . If your office did not receive this document in 1989 as part of the coordinated review, the office staff will supply you with a copy. cc: Victor Lessard, Principal Building Inspector Officers UTILITY OFFICE TEL. Yillaye (516)477-1748 MAYOR of 9,reenvopl GEORGE W.HUBBARD INCORPORATED 1.a• POWER PLANT TEL. NEW INCORPORATION APRIL 7,1E0■ (516)477-0172 TRUSTEES REINCORPORATION UNOER GENERAL LAW MAY s!, 1094 STEPHEN L.CLARKE JEANNE M.COOPER DAVID S.CORWIN • " ""' 0. v GAIL F.HORTON ,....... Q LIS :N G I S L A N SUPT.OF UTILITIES JAMES 1.MONSELL `� •" �� 236 THIRD STREET P.O.BOX AH GREENPORT,SUFFOLK COUNTY NEW YORK 11944 December 5, 19g8 , r 1 NOV 1 9 !992y, Mr. Bennett Orlowski , Jr. Southold Town Planning Board Southold Town Hall 5L'1iTli�� h�v'ca Main Road PLANNING NAME) !�r � 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, B, erman Ass't Sutp. of Public Utilities HBS: lkm cc: George Hubbard, Mayor Village Trustees Utility Committee 100 Years of Community Service 1 -90 Ar 02 . NOV 1 8 1992 SOU �,@IN Lp TOVNN THIS INDENTURE, made this /� I day of _PP047 ween CLIFFSIDE ASSOCIATES , a limited partnership with principal offices located at 72 North Ocean Avenue . Patchouge, N.Y. 11772 , party of the first part, and the VILLAGE OF GREENPORT, with prin- cipal offices at 236 Third Street, Green.port, New York, party of second part. WITNESSETH: That the party of the first part in con- sideration of ten dollars ($10 . 00 ) , lawful money of the United States , paid by the party of the second part, the receipt of which d and by those pre- is hereby acknowledged, has granted and release sents does grant and release, to the VILLAGE OF GREENPORT, located in the County of Suffolk, State of New York, as grantee the right to construct, alter, and maintain a sewer and/or water line and all necessary laterals thereto across the property herinafter described as follows: ALL that certain plot, piece or parcel of land, with building43 and improvements thereon erected, situate lying"and being in the, Southold County of Suffolk, State of New York; BEGINNING at the intersection of the Northwesterly R.O.W. line of Middle Road (C.R. 48 ) and the Southwesterly property line of Jerad Motel Corp. , situated in the Town of Southold, Suffolk County, New York; Thence S. 190 331 39" W. , along Middle Road 158 . 12 feet; Thence S. 24' .021 49" W. , still along Middle Road 10 . 97 feet to the Point of Beginning; Thence continuing S. 240 021 49" W. , sill along Middle Road, 10 . 06 feet; Thence N. 590 501 28" W. , 26 . 10 feet; Thence S. 33' 29 ' 02" W. , 151. 28 feet; Thence N. 56' 301 58" W. , 75 feet; Thence S . 330 291 02" W. , 138 . 00 feet; LAW OFFICES OF Thence N. 56' 301 58" W. , 174. 00 feet; JOHN J.MUNZEL Thence N. 330 291 02" E. , 486 . 97 feet; 48 ROANOKE AVENUE 'RHEAD.NEW YORK 11901 29 Thence S. 44' 32 ' 15" E. , 177. 87 feet; Thence S. 330 29 ' 0211 W. , 115. 05 feet; Thence S. 560 30 ' 5811 E. , 75 feet; Thence S. 330 29 ' 02" W. , 35 . 70 feet; Thence N. 590 50 ' 28" W. , across said easement, 10 . 02 fee Thence N. 330 29 ' 02" E. , 26 . 28 feet Thence N. 560 30 ' 5811 W. , 75 feet Thence N. 330 29 ' 02" E. , 116 . 95 feet Thence N. 440 32 ' 15" W. , 157 . 43 feet Thence S. 33' 29 ' 02" W. , 464. 62 feet Thence S. 56° 30 ' 58" E. , 154 feet Thence N. 33' 29 ' 02" E. , 138 feet Thence S. 560 30 ' 5811 E. , 75 feet Thence N. 330 29 ' 02" E. , 150 . 72 feet Thence S. 590 50 ' 28" E. , 34 . 47 feet To the point of Beginning; containing 0 . 327 acres , more or less . TOGETHER with the free right of ingress and egress over and across such property, insofar as such right of ingress and egress is necessary to construct, alter , and maintain a sewer line and all necessary laterals thereto together_ with any other rights granted herein. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day and year first above written. " CLIFFSIDEk SOEXATES, a limited partnership by NEIL ESPOSITO, general partner STATE OF NEW YORK) COUNTY OF SUFFOLK) ss: On the /��day of February, 1987 before me personally came C.LIFFSIDE ASSOICATES , a limited partnership , by its general partner, NEIL ESPOSITO to me known to be -the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. l NOTARY PUL IC LAW OFFICES OF Ctm`.- :-BSI t; " If ^ '�•' g �� Sworn to be`f0`-& e, JOHN J.MUNZEL„�,_• ; !-Z* • Aa -,cry-February, 1987. '9 ROANOKE AVENUE -AHEAD.NEW VORK 11901 WATER SUPPLY AGREEMENT_ � r AGREEMENT made this /45�- day of 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". I 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 lay and install or cause to be laid and installed the water mains , hydrants , fittings and valves described on the map and preliminary plan 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 OFFICES OF J.MUNZEL NOKE AVENUE AD.NEW YORK 11901 WHEREAS OWNER is about to commence a development known as "Cliffside" in Southold Town and wishes to construct water mains and install hydrants on the certain rights of way on a certain map 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 • l 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 LAW OFFICES OF JOHN J.MUNZEL 'S48 ROANOKE AVENUE 21VERHEAD.NEW VORK 11901 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 pay 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= LAW OFFICES OF JOHN J.MUNZEL 545 ROANOKE AVENUE RIVERHEAD•NEW YORK 11901 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 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. TENTH. OWNER will, and by this agreement does , upon appro- val of the completed work, which the VILLAGE will indicate to the OWNER in writing, dedicate the mains 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 water mains , both supply and distribution, and appur- LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 tenances , including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or private 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 development, 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 the 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- mitted 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- LAW OFFICES OF JOHN J.MUNZEL 48 ROANOKE AVENUE IVERHEAD.NEW YORK 11901 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 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 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 water supply, if said appli- caltions are approved. FIFTEENTH. A one inch (111 ). 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 Greenpbrt 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 supply. It is contemplated by this contract that LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD,NEW YORK 11901 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 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, the WORK to be completed, and/or water to be supplied shall be changed to conform with the then current standards 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 LAW OFFICES OF JOHN J.MUNZEL 48 ROANOKE AVENUE +VERHEAD.NEW YORK 11901 r 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. LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK - 11901 l 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 In four ( 4 ) counterparts , all of which shall constitute originals , the day and year first above written. ATTEST: VILLAGE OF GREENPORT 611 By: A,,,, Clerk Georg W. Hubbard, Mayor CLIFFSIDE�ASSOCIAT' a limited partnership by: NEI.L ESPOSIT.O LAW OFFICES OF JOHN J.MUNZEL 540 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 STATE OF NEW YORK) COUNTY OF SUFFOLK) On the / ?-64'- 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 hewas authorized to execute said document. ,,IOTAY i`o. 5= -� ' NOTARY PUBLIC �,u:,^.,2_IC foi'< County. �:, r;sao tx�I'res 3/1 SA T TE OF NEW 'N) COUNTY OF SUFFOLK) On the /6- day of Fes, 1987 , before me personally 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 order of the Board of Directors or said corporation , and the he signed his name by like order . NANCY W.COCK NOTAM'PUBLIC,Stain of N.Y Suffolk Co.No.4735151 NOTARY PUB C Term Expires gmh 30,19,E LAW OFFICES OF JOHN J.MUNZEL S48 ROANOKE AVENUE RIVERHEAD,NEW YORK 11901 Branch Offices: �ID E R Partners:. RUSS ORLANDO,FLORIDA. sO JOHN J L S BODWELL JOHN J.Pf110E _ ELMHURST,ILLINOIS Z STEVEN L.SAMET SOMERSET,NEW JERSEY HALL CLARKE MASON,OHIO 0 JAMES DELAND ANGUS D.HENDERSON r+' Mein Office: CONSULTANT 120 EXPRESS STREET Q PAU `: �'•''•' .PLAINVIEW,NEW YORK 1180308010ASS I ULATOWSKI. ASSOCIATE M, A ?:; CONSULTING ENGINEERS ri . NDERSON AND BODWELL 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 516-935-8870 FAX: 516-935-8760 January 5 , 1987 Y"_.- :_• Mr. James Monsell , Superintendent of. Public Utilities Village of Greenport 236 Third Street P.O. Box A.H. Gre,enport, NY 11944 4 •},A Re . Cliffside r .`�`�','-" � �. _ N� +� ,4��• Southold , NY i Dear Jim: Vie• As requested, I have calculated the water usage for the above ` referenced project to be included with the application for water service from the Village of Greenport. f. The water demand breaks down in the following manner: ` 1 Average Daily Flow: 4 i 76 units x 2.5. people/unit x 100 gpd/capita = 19 ,000 gpd 2 ) Peak Day Demand ' A 2x average daily flow or 2x 19 ,000 gpd = 38 ,000 gpd Peak dour Demand = 4 x l hr. of average daily flow or v 19 ,000 gpd/24 hr' x 4 = 3 ,200 gallon/hr. As indicated on the plans , all interior mains will be 8" and will be connected to the existing 12" water main on Middle {' Road. Fire protection proposed will be via one. existing hydrants hydrant on Middle Road and three ro located within the project. rr.. -- ..........------ _. web , t1c. ran h Offices: _`O'ER RUSSELL S.BODWELL sa RL NDO•FLORIDA JOHN J.PRICE STEVEN L SAMET rvv LM URST,ILLINOIS HALL CLARKE 7 O RSET,NEW JERSEY '- JAMESDELAND AS N.OHIO �J},; .;, • � ANGUS D.HENDERSON 1s, ' CONSULTANT Main Office: f� 120 EXPRESS STREET O _` PAUL H.ULATOWSKI gfiwr 'S fs:. PLAINVIEW,NEW YORK 11803 • OOV- ASSOCIATE - -,r CONSULTING ENGINEERS } : HENDERSON AND BODWELL 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 516-935-8870 June 16 , 1986 Mr . Richard Pellicane Esq. 25 Bowden Square 11968 Southhampton, New York Re. Cliffside ,. ,�rreenport = , New York r. Dear Mr . Pellicane : As per your request, the following are the revised Flow Calculations for the 76-2 bedroom motels located at Cliffside in Greenport, New York. Estimated Sanitary Flow (Based on Suffolk County Health Department Standards) . 76-2 Bedroom Motel Units @ 225 GPD = 17 ,100 GPD Estimated Domestic Water Usage (Based on 2. 5 people/2 bedroom unit and 100 GPD/capita) .. 19 ,000 GPD s%:'• �,, .: 76-2 Bedroom Motel Units X 2. 5 people X l00 GPD 20 ,000 GPD rVh ± ,.. ' estions or require additional information, If you have any q u t please feel free to call . Very truly yours ,. Steven Samet, P.E. SS/mm rlin cc: D. Her �. U NOV 1 8 1992 Mh SOUIMOLfl J PLANNING BO;`RD SEWER TREATMENT AGREEMENT 1987 b SS and between AGREEMENT made this/� day of F4 _�- Y 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 princ.i.pal offices located at 72 North Ocean Avenue, Patchogue, N.Y.: 11772 , herein called the "OWNER" . WHEREAS , the VILLAGE owns and operates a municipal sanitation 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 system and/or water line described on the map and preliminary plan and to transfer and convey same to the VILLAGE upon comple- tion and if necessary and to give and procure easements for the maintenance of said sewage collection system and/or water line, and WHEREAS , the VILLAGE is willing to collect the sewage from LAW OFFICES OF JOHN J.MUNZEL 540 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 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 development known as "Cliffside" at Town of Southold, 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 I'D" attached hereto, prepared 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, ,AW OFFICES OF )HN J.MUNZEL ROANOKE AVENUE RHEAD.NEW YORK 11901 joining, backfillinq 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. LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD•NEW VORK 11901 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 qrant and convey to the VILLAGE an easement and .right of way for the purpose of laying, relaying, repairing, operatinq and maintaining sewage collection facility both supply and distribution, and appurtenan- ces , including domestic services in the full length and width of what is now or hereafter existing public or private 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, an 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- LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 section forthwith upon installation and shall supply maps to the VILLAGE showing the exact locations . Said intersections shall not be permitted without prior 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 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. 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 LAW OFFICES OF to help maintain and expand the sewage treatment facilities of the JOHN J.MUNZEL 8 ROANOKE AVENUE /ERHEAD,NEW VORK 11901 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 deposit 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.MUNZEL -6 ROANOKE AVENUE 'ERHEAD.NEW YORK 11901 Notwithstanding the above, in the event that the Town of Southold 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 Sewage 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 the 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 or liens to the sewer lines so laid and installed and if dwelling units allotted or specified herein, the VILLAGE shall keep all 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.MIJNZEL 548 ROANOKE AVENUE RIVERHEAD,NEW YORK 11901 1 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 give, 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 installation 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 548 ROANOKE AVENUE RIVERHEAD,NEW YORK 11901 EIGHTEENTH. This agreement shall inure to the 'benefit and shall bind the respective heirs , legal representatives , successors 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 n four ( 4 ) counterparts , all of which shall constitute originals , th day and year first above written. ATTEST: VILLAGE OF GREENPORT Clerk Georg W. Hubbard, Mayor CLI SIDE P,, SOC. TES, a limited partnership by: NEIL ESPOSITO LAW OFFICES OF JOHN J.MUNZEL 54B ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 STATE OF NEW YORK) COUNTY OF SUFFOLK) On the/ 9_2��_ 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. 'KATHLF_LN SiA11T;,q NOTARY PU5UC 5r::,, of :<:,, York NOTARY PUBLIC No. 52 4603310 is i" Zcunty Comrnis_ion Expin yJt� 3i��JC� STATE OF NEW _ 'OR ) COUNTY OF SUFFOLK) On the �� day of--EeA a:y, 1987, before me personally 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 order of the Board of Directors or said corporation, and the he signed his name by like order. MANGY W Cot NOTARY UBUC,Stale Kof N.Y NOTARY PUBL Suffolk Co.No.4735151 Term Explresffifth 30,19Z' LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW VORK 11901 PLANNING BOARD MEMBERS CAI* Jj SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ®�`� i fig` Supervisor George Ritchie Latham, Jr. ® �® Richard G. Ward �d Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 20, 1992 Ralph Solomon, " Real Estate Appraiser Resolution Trust Corporation c/o 460 O1d 'Town Road, Suite 2-P Port Jefferson Station, New York 11776 Re: Cliffside/Tidemark Hotel N/side County Route 48 Greenport, New Yorkk SCTM # 1000-45-1-2.1 Dear Mr. Solomon: In response to your telephone inquiry earlier today, please find relevant correspondence from the Planning Board' s files. pertaining to the status of the Cliffside/Tidemark Hotel site plan. If more information is needed, you may want to review the file yourself. Sincerely, Bennett Orlowski, Jr. Chairman Enc. cc: Victor Lessard, Principal. Building Inspector I R f r..... - . 1: II..,. '• ')\ ��.1::1 !tip .4 ) I I !•...:r.:• I I; 1�,tll hi,lil. ��c'\v �York '1cnrl� 71 I'I,:�tiNlti(; l3O:1E2I) OFFICE, Trlrl,h,mc ISlr,) ,n;_ItJa TOWN OF SO UTHOLD Fa\ 010) 7fi*;-15'_1 MEIdORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold . SCTM # 1000-45-1-1 DATE: November 8, 1991 The Planning Board wishes to convey its opposition to the request of the owner of Cliffside/Tidemark Motel for a favorable interpretation of the Zoning Code so as to permit the granting of a variance to install cooking facilities (kitchens, kitchenettes) in the motel units. The reasons for the Board' s position are as follows: The 68-unit hotel complex received site plan approval on December 18, 1989. The site is approximately 7 . 002 acres or 305,005 square feet in area. Construction of 68 unit motel or time-share units, each 600 square feet in size, and with two bedrooms apiece, will result in a site density equivalent to 9.7 units to the acre. The Resort Residential zoning district provides for a maximum density of 10. 89 units to the acre (one unit for every 4,000 square feet of land area) , provided water and sewerage services are available. By way of comparison, the maximum residential density allowed by the Zoning Code is four units to the acre in the Hamlet. Density district ( formerly the Multiple Residential district) . Only one residential project, Founder' s Village, has more units to the acre. However, those units are restricted to two residents apiece because of a Health Department variance. In the Resort- Residential zoning district, there is no restriction on the number of residents per unit. t However the applicant chooses to define the terms "cooking facilities" , "kitchen" , "kitchenettes (with or without a microwave, hot plate, small refrigerator,. wet bar, small cupboard, small sink, etc. ) , the addition of same will change the purpose of the project from a resort motel or, more accurately a condo- or time-share motel to a regular residential dwelling unit complex. Granting the right to have kitchens, kitchenettes or cooking facilities, however the terms are defined by the Zoning Board, could set the stage for the conversion of these units from motel time-share units to year-round dwelling units. This is contrary to the intent of the Resort Residential zoning district. In effect, allowing the installation of cooking facilities, kitchens and kitchenettes in 68 units on a seven acre parcel will be granting the project owner a benefit that: 1) is not enjoyed by any other residential complex in any zoning district, and 2) � is not enjoyed by any other approved resort motel or hotel complex within Southold Town to the best of our knowledge. If there are such facilities in existance, perhaps there should be an investigation into whether they have been installed legally. . Finally, the Planning Board'-s approval of this project was in. k'eeping..with the findings of the Final Environmental Impact. Statement, which was adopted on-February 27, 1989. "If your office did not receive this document in -1989 as part of the coordinated review, the office staff will supply you with a copy. cc: Victor Lessard, Principal Building Inspector OVO�.'.' S® th®Id 'own Board ®f Appeals !! '� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS Aopl. 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 0451 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 t, 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 oed 600 sq. ft. in size. [Arti.cle VI , Section. 6IB. 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 mipimum 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 GERARD P. GOE RINGER CHAIRMAN �� F AFo(,��® ,PLANNING BOARD MEMBERS S x SCOTT L. HARRIS d )Bennett Orlowski, Jr.., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward �' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Gerard P. Goehringer, Chairman . Zoning Board of Appeals FROM: Bennett Orlowski, Jr. Chairman RE: Appeal No. 4039 by Cliffside Associates Cliffside/Tidemark Motel County Route 48, Southold SCTM * 1000-45-1-1 DATE: November 8, 1991 The Planning Board wishes to convey its opposition to the request of the owner of Cliffside/Tidemark Motel for a favorable interpretation of the Zoning Code so as to permit the granting of a variance to install cooking facilities (kitchens, kitchenettes) in the motel units. The reasons for the Board' s position are as follows: The 68-unit hotel complex received site plan approval on December 18, 1989. The site is approximately 7 .002 acres or 305,005 square feet in area. Construction of 68 unit motel or time-share units, each 600 square feet in size, and with two bedrooms apiece, will result in a site density equivalent to 9.7 units to the acre. The Resort Residential. zoning district provides for a maximum density of 10. 89 units to the acre (one unit for every 4,000 square feet of land area) , provided water and sewerage services are available. By way of comparison, the maximum residential density allowed by the Zoning Code is four units to the acre in the Hamlet Density district (formerly the Multiple Residential district) . Only one residential project, Founder' s Village, has more units to the acre. However, those units are restricted to two residents apiece because of a Health Department variance. In the Resort Residential zoning district, there is no restriction on the number of residents per unit. However the applicant chooses to define the terms "cooking facilities" , "kitchen" , "kitchenettes" (with or without a microwave, hot plate, small refrigerator, wet bar, small cupboard, small sink, etc. ) , the addition of same will change the purpose of the project from a resort motel or, more accurately a condo- or -time-share motel to a regular residential dwelling unit complex. Granting the right to have kitchens, kitchenettes or cooking facilities, however the terms are defined by the Zoning Board, could set the stage for the conversion of these units from motel time-share units to year-round dwelling units. This is contrary to the intent of the Resort Residential zoning district. In effect, allowing the installation of cooking facilities, kitchens and kitchenettes in 68 units on a seven acre parcel will be granting the project owner a benefit that: 1) is not enjoyed by any other residential complex in any zoning district, and 2) is not enjoyed by any other approved resort motel or hotel complex within Southold Town to the best of our knowledge. If there are such facilities in existance, perhaps there should be an investigation into whether they have been installed legally. Finally, the Planning Board' s approval of this project was in keeping with the findings of the Final Environmental Impact Statement, which was adopted on February 27, 1989. If your office did not receive this document in 1989 as part of the coordinated review, the office staff will supply you with a copy. cc: Victor Lessard, Principal Building Inspector .•�fib i��._.= i' ' .ti RIDER TO APPLICATION ? { This is an application for an interpretation of the Zoning Code or, in the alternative, for a variance to permit kitchens in the 68 unit resort motel, the special exception for which was previ- ously approved by this Board and the site plan for which was previously approved by the Planning Board. The Building Inspector has refused to permit the applicant to file amended building plans showing kitchenettes for each of the proposed resort motel units. There is no prohibition_contained in the Zoning Code prohibiting kitchenettes in a resort motel. In the event that the interpretation is denied,then the applicant requests a variance to permit construction of kitchenettes in a resort motel previously approved as a special exception by this Board. In 1989 a special exception application was made to this board requesting permission for the construction of a 68 room motel together with a mangaer's unit. That application was granted and a building permit subsequently issued. At the present time,the applicant ha3 submitted i r.-m.i'ii•dked ua,!A.ub=1.^.Z3 �p�iC3tiOn io the building inspector showing the addition of kitchenettes to each of the units. This amended building application has been denied by the building inspector which has resulted in the applicant making- the current application. The first part of the application.is an interpretation of the provisions of the zoning code of the Town of Southold, specifically the definition of a resort motel. cooking facilities. This not only represents a practical difficulty but causes petitioner hardship in that petitioner will be treated differently than all the other motels in the area. Since the petitioner will be treated differently than all other motels in the area the petitioner's position is unique with respect to all other motels. Since motels are permitted use in the RR District wherein the property is located, the character of the area will not change as a result of this application. r 1 The definition of a resort motel does not exclude or prohibit the construction of kitchen or cooking facilities in each of the units. When this definition is compared to the definition of a transient motel which specifically prohibits cooking facilities in the units, it is clear that there is no prohibition against cooking facilities in a resort motel. The provisions of the Zoning Code must be strictly construed against the Town with any ambiguity decided in favor of the applicant. When this application was originally prepared and filed with the Board of Appeals, the prior Zoning Code was in effect and cooking facilities were not prohibited in a motel and were excluded under the definition of hotel. All motels in the immediate area of the applicant's motel which were constructed under the prior code contain kitchen/cooking facilities. Since kitchen/cooking facilities.were permited by the Town in all of the adjacent motels when the definition of a motel did not exclude such facilities, and the definition of resort motel still does not exclude kitchen/cooking facilities, this Board must be consistent in its treatment and interpret the Code so that kitchen/cooking facilities are permitted in a.resort motel. In addition to the above, kitchenettes are customary accessory uses to the primary resort motel use and based upon this alone such facilities are allot-,red unacr the Code. In the event that this Board does not render such an interpretation then the applicant requests and area variance for the inclusion of kitchenettes or cooking facilities in each motel unit. The practical difficulty is that at the time the original application was submitted to this Board, cooking facilities were permitted in motels and it was only as a result of the recent changes to the Zoing Code and the Board's interpretation that cooking facilities are prohibited in resort motels. Therefore petitioner's will be the only motel in the Town of Southold which will be denied 0.{s 2r Southold Town Board of Appeals _28 December 13', 1990 Special Meeting 3. 'DEC 2 1 1999 tW r (ENVIRONMENTAL DECLARATIONS, continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. This resolution was unanimously adopted. Appl. No. 3542 - CLIFFSIDE/TIDEMARK. 1000-45-1-1. N/s North Road (C.R. 48) , Southold, NY. The Board discussed the recent letter of the Building Inspector concerning a proposal o the owner to install kitchenettes in each of the units. The Board concurred with the position of the Building Inspector in that kitchenettes were not approved under the Special Exception for 76 motel units with- one manager's unit rendered November 2, 1989 and the plans showing kitchenettes must be denied by the building inspector under the present circumstances of this project. INSPECTIONS AND HEARINGS FOR NEXT REGULAR MEETING CALENDAR: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, that the following matters hereby are scheduled for public hearings to be held on FRIDAY, JANUARY 11, 1991 at the SOUTHOLD TOWN HALL, 53095 Main Road, Southold, New York, commencing at 7:00 o'clock p.m. , and be it further RESOLVED, that Linda Kowalski, Board Secretary, is hereby authorized and directed to advertise notice of the following hearings in the Suffolk Times and Long Island-Traveler-Watchman, Inc. on or before January 3, 1991: 1. Appl. No. 3995 - Gregory Fegos 2. Appl. No. 3989 - Robert J. and Norma E. Sieber 3. Appl. No. 3991 - Grace and John Fiore 4. Appl. No. 3988 - Antonio Vangi (await confirmation from applicant/agent before advertising) 5. Appl. No. 3993 - Kenneth L. Edwards 6. Appl. No. 3984 - Pudge Corp. 7. Appl. No. 3997 .- Mitchell Marks 8. Appl. No. 3990 - Cholowsky/Casola 9. Appl. No. 3981 - Phyllis Rayne Byer (await confirmation from applicant/attorney before advertising) 10. Appl. No. 3975 - Arthur G. Carlson (await confirmation from applicant/attorney before advertising) (continued on next page) ,a INSPECTORS fFO (516)765-1802 = �� j/( VICTOR LESSARD,Principal SCOTTL.HARRIS,Supervisor CURTIS HORTON,Senior �' 1 Southold Town Hall VINCENT R.WIECZOREK,Ordinance P.O.Box 1179, ROBERT FISHER, 53095 Main Road HER,Assistant Fire Southold,New York 11971 Building Inspectors ' * Fax(516)765-1823 THOM�H FISHER 1�1 ��Q� Telephone(516)765-1800 GARY Em@ [EOWF�E1 OFFICE OF BUILDING INSPECTOR _ TOWN OF SOUTHOLD 0 December 5, 1990 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 .,, -- - i DEC 2 l 100 I. I'. � W A:�� ur PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairmano may Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold; New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Victor Lessard, Principal Building Inspector FROM: Bennett Orlowski, Jr. , Chairman RE: Stop Work Order for Cliffside/Tidemark Hotel Greenport, New York SCTM # 100.0-45-1-2. 1 DATE: November 8, 1990 In response to Mr. Tedaldi ' s October 30th letter requesting a field inspection, the site of the proposed Cliffside/Tidemark Hotel was inspected. The trees have been planted within the 100 foot buffer area from the bluff edge. Please lift the Stop Work Order so- that construction can continue. Attached is a copy of Mr. Tedaldi's letter. When a Certificate of Occupancy is requested, please contact this office for another inspection. Any trees that may have died in the interim are to be replaced before a Certificate of Occupancy is issued. Attached is the Planning Board' s letter of August 24, 1990 in which the applicant was informed of this. If there are any questions, please contact Valerie Scopaz of Planning Board staff.- tedald *1 Pa rS at chandon, inc. P.O. Box 815 Quogue, N.Y. 11959 (516) 653-5588 October 30, 1990 PLanning Board Office' Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: CLiffside/Tidemark SCTM #1000-45-1-1 Attention: Mr. B. OrLowskL Dear Mr. OrLowski : In reference to the above, the trees, per the Landscape plans submitted, , have been planted at the 10.0 ' bluff. Would you please inspect as soon as possibLe and notify the BuiLding Department so that the Stop Work Order may be Lifted and we wLLL be able to continue construction. Thank you for your antLoLpated cooperation. Very trluuLLy yours, KJT/kw Kennet�hJ 2da LdL Y o PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �° ,,.„� .4 Supervisor George Ritchie Latham, Jr. Richard G. Ward "' ;i ;� Town Hall, 53095 Main Road Mark S. McDonald "4 P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 August 24, 1990 Kenneth J. Tedaldi P.O. Box 815 Ouogue, New York 11959 RE Landscape Plan for Cliffside/Tidemark Hotel SCTM#1000-45-1-1 Dear Mr. Tedaldi: With reference to your verbal presentation of August 14, 1990, whereby you asked for a waiver of the landscape plan for the 100 foot buffer area, the Planning Board reinspected the site on August 22nd. The Board' s position is that all the trees shown on the landscape plan must be planted before the stop work order can be lifted. Further, at the time you request a Certificate of Occupancy, the trees will be reinspected. Any trees that have died in the interim will have to be replaced. As for the ground cover, most of the new growth on the site is composed of annuals and weeds. The shrubs indicated on the landscaping plan, particularly the Rosa Rugosa, would look more attractive and be more effective. However, the Board will not require that they be planted. When the trees have been planted in accordance with this letter, please notify this office so that another inspection can be scheduled. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Victor Lessard,, Principal Building Inspector ® Su,�jFiL� tedaidi Pd rs at chandon, inc. RO. Box 815 Buogue, N.Y. 11959 (516) 653-5588 October 30, 1990 PLanning Board Office - -Town of Southold 53095 Main Road P.O. Box 1179 SouthoLd, New York 11971 Re: CLiffside/Tidemark SCTM #1000-45-1-1 Attention: Mr . B. OrLowski Dear Mr. OrLowski : In reference to the above, the trees, per the Landscape pLans submitted, have been planted at the 10.0 ' bLuf'f . NouLd you please inspect as soon as possibLe and notify the Building Department so that the Stop Mork Order may be Lifted and we, wiLL be abLe to continue construction. Thank you for your anticipated cooperation. Very truly yours, KJT/kw Kenneth 'J�. e�daLdi j ` SCOTT L. HARRIS PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman ems' :; _{ .`r Supervisor George Ritchie Latham, Jr. Richard G. Ward 1 Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 August 24, 1990 Kenneth J. Tedaldi P.O. Box 815 Ouogue, New York 11959 RE: Landscape Plan for Cliffside%Tidemark Hotel SCTM#1000-45-1-1 Dear Mr. Tedaldi: With reference to your verbal presentation of August 14, 1990, whereby you asked for a waiver of the landscape plan for the 100 foot buffer area, the Planning Board reinspected the site on August 22nd. The Board' s position is that all the trees shown on the landscape plan must be planted before the stop work order can be lifted. Further, at the time you request a Certificate of Occupancy, the trees will be reinspected. Any trees that have died in the interim will have to be replaced. As for the ground cover, most of the new growth on the site is composed of annuals and weeds. The shrubs indicated on the landscaping plan, particularly the Rosa Rugosa, would look more attractive and be more effective. However, the Board will not require that they be planted. When the trees have been planted in accordance with this letter, please notify this office so that another inspection can be scheduled. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector -�pLANNING BOARD 28 AUGUS'. 3 , 1990 Mr. Cross: The existing road now is gravel. We wish to extend that all the way down. This is just dirt. This on the hillside you can wash out as gravel. Mr. McDonald: You have to meet the town spec. Mr. Cross: I understand that. We are looking for backfill packed bluestone. Mr. Orlowski: You can pick up a copy of the specs. Mr. McDonald: I guess what we would recommend a reduction in the spec. Mr. Orlowski: Well, let' s take a look at it, I don't think there is any problem with what he wants to do in here as far as meandering. His biggest problem is cutting the ,cul-de-sac. Maybe we can, do it with a. turnaround. Let us take a look at it. Mr. Cross: O.K. . Mr. Orlowski: (Cliffside)- Mr. Tedaldi did you want to talk to the board? Mr. Tedaldi: Good evening,. I 'm back here again tonight on the same project. I am the attorney for the applicant. I was at the site within the last hour. I don' t know if any of you members have been there recently but I think we are in a position now that if we go in and try to comply with what you want it will be more of a disturbance in the area and do more damage then good because the area has completely regenerated itself and revegetated itself. The vegetation is anywhere from four to five feet high in my estimate, looking at a little while ago. If we go in and put in all the plants you want we are just going to go 'in there and rip out what is already there. To comply with what you want we're going to, violate what you want. Let me emphasize again, when this was done what was done to it was not clear. You look at the upland area where we are going to do the construction and that was clear but in the area in question the growth was cut back and the ground itself was not disturbed and it keeps growing back in. You can' t see the haybales and the haybales are out there. Mr. Orlowski: We could see them real well after they clear. Mr. Tedaldi: You can't see them now, have you been out there? Mr. Orlowski: Well, the problem was you did disturb it. Mr. Tedaldi: No, No, we cut it. What I. am trying to do and you may not agree with me is I 'm trying to distinguish between disturbing where we are going to construct we removed everything PLANNING BOARD 29 AUGUSZ 3 , 1990 compared to that where we cut it back because if you look at it today, you are going to see the area in question is totally regrown, the area where we are going to construct there maybe some regrowth. Mr. McDonald: One of the letters you sent to us maintain that you have the right to go in there and clear what ever you would like for maintenance purposes. That you could clear whatever you want, do you still maintain that? I can't say that the letter came from you but in one of the letters in reference to this matter. Mr. Tedaldi: You' ll have to show me the letter. Mr. McDonald: Let me ask you, do you maintain that now ? Do you feel you have any right to go over the 100 foot set-back line to clear whatever you please? In the future do you have the right to go over and clear? Mr. Tedaldi: Your approval said that we could not clear, 'that is what it said. We didn't clear and we haven' t cleared. Mr. McDonald: You cut down trees that were sixty or seventy years old. ® Mr. Tedaldi: . No, no. Absolutely not. Mr. McDonald: I counted the rings. I went out and counted the rings. Mr. Tedaldi: You can count the rings all you want to 'sir. Those trees were cut down five years ago. Mr. McDonald: I was there when they were there. Mr. Tedaldi: No, I 'm sorry. Mr. McDonald: I was there when the trees were there and I was on the site when the tree' s were not there: Mr. Tedaldi: My understanding was that the tree's were cuts down when the property was acquired five years ago. Mr. McDonald: I don't know- about your understanding, but I was there. I saw the trees. I came back and the trees were gone. I did the borings on your site, at the time I did the borings, the trees were there. Mr. Tedaldi: When was that? Mr. McDonald: When they first starting the clearing. Mr. Tedaldi: This year? PLANNING BOARD 30 AUGUS'.' 3, 1990 Mr. McDonald: Yes, when the bulldozers first came on site there. Mr. Tedaldi: George Wetmore had that cleared five or six years ago: I could give you the name of the person who cleared - that whole complete land. Mr. McDonald: I wouldn't deny any of that. I am telling you exactly what I saw. When I went there, the cutting was fresh, the tree was fresh cut and the sawdust was there next to the stump. Mr. Tedaldi: I said to you the last time I was here what I did say to you is, we cut down the regeneration on the trees. We did not cut the actual trees. down. They were cut down a long time ago. Mr. McDonald: These were fresh cut stumps. I took a . real close look, I took a hard look because I wanted to be sure what I was seeing and that is what I saw. I saw a stump like this, with a pile of sawdust next to it and a fresh cut on the entire stump. Mr. Tedaldi: You are saying that you saw the tree' s were cut? Mr. McDonald: That is right,. I saw the tree' s before they were cut. Mr. Tedaldi: You saw stumps that were five to six years old which they just cut back that is all you saw. There were no trees in that area more than six feet high. Mr. McDonald: That's not what I saw. Mr. Tedaldi: You saw a stump. Unknown: Then there is a difference because I was there last summer, I was there last summer and there were no trees in the area you are talking about along the property line. No question about it. Mr. Tedaldi: You saw a stump which they happen to cut back because there was growth coming out of it, that is what you saw. You did not see any tree that was sixty -feet high that is totally ridiculous. Mr. McDonald: No, I didn't say they were sixty feet high. Mr. Tedaldi: I acknowledge what was there and I 'm telling you that what was cut back was a regeneration of the stumps that were cut years ago. Other than that the other vegetation was cut back, it was not removed, the bulldozer did not go into the 100 foot area, nothing like that was done. Have you been there lift recently? Mr. McDonald: I haven't "been there in three or four weeks. PLANNING BOARD 31 AUGUS' 3 , 1990 Mr. Tedaldi: Now you can't get into the area. I wouldn' t walk through it tonight, I would be afraid that you just couldn't get through with all the growth that is there. Mr. Orlowski: Well, let' s get back to the site plan and your landscape plan. Now, you are agreeing to plant -all of that? Mr. Tedaldi: If you are going to force us to plant all that, we said we will plant it. My point to you is that if we do that we are going to go in and we are going to rip up vegetation that is there right now and we are going to cause more damage to that area by putting in what you want then leaving it the way it is and whatever we put in' is going to be killed by the wild vegetation that is there so come next year you won' t have any of that. I 'm just asking you to go out and look at it, I looked at it an hour ago. Mr. Orlowski: We were there three weeks ago. Mr: Tedaldi: And. Mr. Orlowski: Well, what I am asking you is are you going to plant to the landscape plan or you're not going to plant it. Mr. Tedaldi: We're asking not to because of what I just said. =, Mr. Orlowski: At all, ever? Mr. Tedaldi: We're asking you not to because there is no need to because what is there is regenerated itself. That is what I 'm saying. The vegetation is there . The purpose of putting in what you want is for the purpose of having vegetation in the area and it is there. Mr. Orlowski: How about the trees? Mr. Tedaldi: You want us to put trees in,' we' ll put the trees in. Again, we have to go into the area and clear the area and put it in. Mr. Latham: I would. like to go look at it. I think we want the trees in. Mr. Orlowski: You are agreeable to plant the trees? Mr. Tedaldi: Yes, I don't think we can put those in until September or October or else they will die. Mr. Latham: We didn't know about this last month or. so. None of us .knew about that. ' Mr. Orlowski: This board will go out and look again. PLANNING BOARD 32 AUGUS' 3 , 1990 Mr. Tedaldi: We would appreciate it. You will see the distinction between the two areas. Mr. Orlowski: O.K. Mr,. Tedaldi: Will you be in touch with us? Mr. Orlowski: We will be in touch with you. Mr. Tedaldi: O.K. , thank you very much. Mr. McDonald: I ' ll entertain a motion that we adjourn for executive session. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski. i Mr. Orlowski: Opposed? So ordered. Mr. John Wickham - I talked with Melissa and Valerie about the possibility of putting a right-of-way down there which they want us to do but they won't pay for a right-of-way and I said that doesn't make sense because when you divide this .-area where they already own the development rights and this, or they ought to have the whole plot. What we are planning on doing now is holding twenty-five feet for a right-of-way just inside the dike and this will give us an opportunity to repair the dike if we have to. Again, as I said there is 1900 feet there and there is 2000 feet of dike. Mr. Orlowski: Do you want, to save this all as one piece? Mr. Wickham: Yes. ; Mr. Orlowski: It is not a buildable piece of land though. Mr. Wickham: Oh sure it is. This is all upland and the dike is all upland, this right here is two acres. There is something like one and three quarter acres of wetland and I just .want you to know what I am planning and make sure that you see no real problem. My own thinking is that this won't ever be developed for at least fifty or sixty years, but since they won't pay for the development rights, they won' t buy the development rights. on wetlands, shore front and in phase. I they didn' t buy, they only bought this far and we still own all of the wetlands down here. We own thirty acres. N All PLANNING BOARD MEMBERS t _ F;rr SL` Bennett Orlowski, Jr., Chairman ;" Sups. George Ritchie Latham, Jr. Richard G. Ward �d `; Town Hall, 53095 Main k,,---, Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 July 3, 1990 Kenneth J. Tedaldi P.O. Box 815 Quogue, New York 11959- RE: Landscape Plan for Cliffside/Tidemark Hotel SCTM#1000-45-1-1 Dear Mr. Tedaldi: With reference to your letter of June 21, 1990, the Planning Board' s position remains as stated in its June 5, 1990 letter to your attorney, Richard T. Haefeli. The June 5th letter was based on a field inspection of the site. Also, in the third paragraph of your letter you refer to moving two existing trees as part of the Planning Board' s letter ( item 2) . Item 2 actually refers to proposed trees on the landscape plan not existing trees on the site. Upon completion of the landscaping in accordance with this Board' s June 5th letter, please notify this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector ,p 1 PLANNING.BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman eq' ":� .� - O� Supervisor George Ritchie Latham, Jr. Richard G. Ward .f�� i� Town Hall, 53095 Main Ro Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 1197 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 5, 1990 Richard T. Haefeli P:O. Box 1112 Westhampton Beach, New York 11978 Re: Cliffside Associates Landscape Plan SCTM # 1000-045-1-1 Dear Mr. Haefeli: The proposed planting plan was reviewed. The Board accepts it with the following conditions: 1. There is to be a minimum of disturbance to the remaining vegetation in the buffer area during the planting of the trees and shrubs. 2. The- two trees on the landscape plan that are closest to the western property lines are to be shifted so that they are at least 40 feet away from the existing tree line. The tree on the easterly property line that is shown as being planted just outside the 100 foot buffer area shall be relocated to within the buffer area. 3. After the buffer area is replanted, it shall be left alone to return to a natural state. There shall be no further intrusions into this area. There shall be no mowing, pruning, weeding, thinning out, relandscaping or other such activities within the 100 foot buffer area. 4. A separate landscaping plan shall be submitted with the site plan amendment for the walkway. Your site plan approval does not include any approvals for the walkway. Until such time, the proposed walkway area within the 100 foot buffer shall remain in a natural, vegetated state. Upon completion of the work to the satisfaction of the Planning a recommendation will be made that the Stop Work order be NKL Please notify this office by telephone when the landscapi ng is completed so that the field inspection can be scheduled. If there are further questions, please contact this office. Very Truly Yours, Bennett Orlowski /, Jr. Chairman VS/vs cc: Victor Lessard, Principal Building Inspector t • tedaldi P.O. Box 815 Quogue, N.Y. 11959 (516) 653-5588 June 21 , 1990 Town of Southold Planning Board Office 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Bennett Orlowski,. Jr. Re: Cliffside Associates Landscape Plan Dear Mr. Orlowski: The Planning Board seems to .have .made a monumental problem out of the 100 .' buffer. We never disturbed that area with a bulldozer. We only cut back existing winter growth. Again, I must reiterate; we have never disturbed that area. We were at the site yesterday. The natural vegetation has completely taken over and filled in the 100 ' buffer to the point that we cannot replant any of this area and feel. it would be foolish of us to disturb what is there now. The. vege- tation could not be thicker and we feel the reason for this is that only winter growth was cut back and there was no disturbance of the buffer area. If you still require the two trees closest to the western property lines be moved, we can take care of that momentarily. This still requires disturbing the site. /continued/ , T 5L(8F!!LEE . pe, tedaidi P.O. Box 815 Quogue, N.Y. 11959 (516) 653-5588 June 21 , 1990 Town of Southold Planning Board Office 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Bennett Orlowski, Jr. Re : Cliffside Associates Landscape Plan Dear Mr. Orlowski: The Planning Board seems to have made a monumental problem out of the .100 ' buffer. We never disturbed that area with a bulldozer. We only cut back existing winter growth. Again, I must reiterate, we have never disturbed that area. We were at the site yesterday. The natural vegetation has completely taken over and filled in the 100 ' buffer to the point that we cannot replant any of this area and feel. it would be foolish of us to disturb what is. .there now. The. vege- tation could not be thicker and we feel the reason for this. is that only winter growth was cut back and there was no disturbance of the buffer area. If you still require the two trees closest to the western property lines be moved, we can take care of that momentarily, This still requires disturbing the site. /continued/ ;; ' JUA 25 1990 tedaidi . P.O. Box 815 Quogue, N.Y 11959 (516) 653-5588 Town of Southold Planning Board Office June 21 , 1990 Page - 2 - We had intended to start construction on Friday, June 29th, and would appreciate your entertaining the lifting of the. stop work order by that time. I would like to personally meet with any of the Planning Board Iviembers along with someone that has knowledge of the vegetation regrowth, at the site, early next week. Your prompt .reply would be greatly appreciated. Respectfully, Kenneth J. Tedaldi KJT/kw k> tedald 'l* P.O. Box 815 Quogue, N.Y. 11959 (516) 653-5588 June 21 , 1990 Town of Southold Planning Board Off ice 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Bennett Orlowski, . Jr. Re: Cliffside Associates Landscape Plan Dear Mr. Orlowski: The Planning Board seems to .h.ave.made a monumental problem out of the 100 .' buffer. We never disturbed that area with a bulldozer. We only cut back existing winter growth. Again, I must reiterate; we have never disturbed that area. We were at the site yesterday. The natural vegetation has completely taken over and filled in the 100 ' buffer to -the point that we cannot replant any of this area and feel- it would be foolish of us to disturb what is there now. The. vege-- tation could not be thicker and we feel the reason for this is that only winter growth was cut back and there was no disturbance of the buffer area. If you still require the two trees closest to the western property lines be moved, we can take care of .that momentarily. This still requires disturbing the. site. /continued/ n401 nrj._.: �:� I p •ro i te d. ald 'l P.O. Box 815 Quogue, N.Y. 11959 (516) 653-5588 Town of Southold Planning Board Office June 21 , 1990 Page - 2 - We had intended to start construction on Friday, June 29th, and would appreciate your entertaining the lifting of the stop work order by that time. I would like to personally meet with any of the Planning ' Board riembers along with someone that has-knowledge of the vegetation regrowth, at the site, early next week. Your prompt reply would be greatly appreciated. : . Respectfully., l / Kenneth J. Tedaldi KJT/kw a..2 ® i s`.r. . ry+ PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ' \ `'""'' ® Supervisor George Ritchie Latham, Jr. Richard G. Ward 1 = Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 tJune 5, 1990 Richard T. Haefeli P:O. Box 1112 Westhampton Beach, New York 11978 Re: Cliffside Associates Landscape Plan SCTM # 1000-045-1-1 Dear Mr. Haefeli: The proposed planting plan was reviewed. The Board accepts it with the following conditions: 1. There is to be a minimum of disturbance to the remaining vegetation in the buffer area during the planting of the trees and shrubs. 2. The- two trees on the landscape plan that are closest to the western property lines are to be shifted so that they are at least 40 feet away from the existing tree line. The tree on the easterly property line that is shown as being planted just outside the 100 foot buffer area shall be relocated to within the buffer area. 3. After the buffer area is replanted, it shall be left alone to return to a natural state. There shall be no further intrusions into this area. There shall be no mowing, pruning, weeding, thinning out, relandscaping or other such activities within the 100 foot buffer area. 4. A separate landscaping plan shall be submitted with the site plan amendment for the walkway. Your site plan approval does not include any approvals for the walkway. Until such time, the proposed walkway area within the 100 foot buffer shall remain in a natural, vegetated state. Upon completion of the work to the satisfaction of the Planning NKLI . a recommendation will be made that the Stop Work order be Please notify this office by telephone when the landscaping is completed so that the field inspection can be scheduled. If there are further questions, please contact this office. Very Truly Yours, Bennett O /rlowski, Jr. Chairman. VS/vs cc: Victor Lessard, Principal Building Inspector `i Sub Rk �Los RICHARD T. HAEFELI ATTORNEY&COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516-288-5455 TELECOPIER (516) 288-5474 May 22 , 1990 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Cliff side Associates Dear Mr. Orlowski: I enclose herewith four copies of the revised landscaping plan, at the scale of 1" = 201 . Please note the number and type of plants are indicated on the re- vised plan. The plan shows the area of the existing vegetation, which has re- grown and reclaimed itself. Your letter of April 26 , 1990 , requiring the planting of Rosa Rugosa along the entire bluff line is unnecessary, since the ex- isting vegetation remains in said area. If there is any problem with this plan, I would ask that an immediate meeting be scheduled with the Board, or at least one of its members , at the site so that it can be reviewed. Any review of the site will conclusively establish that the vegetation has regrown and that said vegetation was not removed by my client. RICHARD T. HAEFEI_.I ATTORNEY & COUNSELOR AT LAW The original plan did not prohibit any maintenance cutting of the vegetation, which is what my client did, and therefore any re- quirement by your Board to reclear the entire site and plant ex- cessive plants is unreasonable. My client wants to start construction, and accordingly I want to resolve this matter as soon as possible. Very truly yours, ichard T. Haefeli RTH:jl Enclosures ;��iGY 23 19 J PLANNING BOARD MEMBERS t, �., ..7<., ' SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ,��- Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 27, 1990 Richard T. Haefeli P.O. Box 1112 Westhampton Beach, New York 11978 Re: Cliffside Associates Site Plan SCTM # 1000-045-1-1 Dear Mr. Haefeli, The proposed planting- plan was reviewed. There was not enough information for the plan to be acceptable. Please submit a plan at the 1" = 20' scale. Include the following information: 1. Linden trees (Tilia Cordata) should be substituted for the oak trees. 2. The size of the trees should be indicated. Each tree should be of at least 3" caliper. 3 . The size of the shrubs should be indicated; also the distance, on center, between plants. _ 4. Indicate what kind of Ilex shrub is proposed. 5. Add beach plums (Prunus maritima) to the mix of shrubs. 6. Add additional Rosa Rugosa and place along entire edge of the bluff. Cliffside Associates: page two Please submit four copies of the revised landscaping plans at the 1" = 20' scale. Veerjy� T�rulys Yours, Bennett Orlowski, Jr. Chairman cc: Victor Lessard, Principal Building Inspector '57u8 1 J I � RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX Ilia WESTHAMPTON BEACH, NEW YORK 11978 516- 28 8-545 5 TELECOPIER (516) 288-5474 April 23, 1990 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Cliffside Associates Dear Mr. Orlowski: I enclose herewith a proposed planting plan to be reviewed by your Board. I would appreciate your advising me if this is acceptable, and if so, my client will immediately start working on it. Very truly yours, Ric and T. e ell RTH:jl Enclosures :. 2319O F Town Hall, 53095 Main Road SCOTT L. HARRIS P.O. Box 1179 Supervisor Southold, New York Fax (516) 765-1823 11971 �� Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 6, 1990 Richard T. Haefeli 184 Main Street P.O.Box 1112 Westhampton Beach, New York 11978 Re: Cliffside/Tidemark Hotel Greenport SCTM # 1000-45-1-1 - Dear Mr. Haefeli, The Planning Board inspected the site on April 5th. It would be appreciated if your client would submit a landscape plan for the 100 foot buffer area. The landscape plan should provide for a mix of trees and ground cover. If the proposed plan is found to be acceptable it will be approved. After the plantings have been installed as per the accepted plan, the Board will recommend the release of the stop work order. Please submit three copies of the landscape plan for our review. Very Truly Yours, Bennett Orlowski, Jr. ,S Chairman cc: Victor Lessard, Principal Building Inspector Kenneth Tedaldi, Principal, Cliffside Associates Sw6FiUC— ( T vk-,, RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516- 288-5455 TELECOPIER (515) 288-5474 March 9 , 19909 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Cliffside Associates Dear Mr. Orlowski : I would appreciate it if you would schedule me to meet with your Board at its next work session to discuss the Stop Work Order which was issued regarding the above project. Very truly yours, Richard T. Haefeli RTH:j 1 ti,�;� d� �►AR 1 3 19'� l SOUTHOLD TOWN PLANZ G BOARD 29 MARCH i, 1990 Mr. Orlowski: It already has sketch approval and we have to review the Suffolk County.-Planning Commissions 'comments. Mr. Ward: Have they come back yet. Mr. Orlowski: Yes, but we haven' t reviewed them yet but we will by the next meeting. Mr. Pugliese: My point is that I 'm putting -into the county preservation and I 'm in phase III and it is all approved and everything. I talked to Mr. Kunz last week and they told me to call the Real Estate department and they will send a appraiser down. Southold Town appraised it about three years ago but they want to appraise it .again. Twenty acres is definitely going to go in., Mr. McDonald: I think we can say we're very much in favor of that. Mr. Calibrese: Thank you. Mr. Orlowski: O.K. , Mr. Haefili is here representing Cliffside Assoicates which has a slight problem. Mr. Haefili: I think what I wanted to start with is I went out there after this came up and what has taken place is they cut the brambles- back in the 100 foot and from what my client tells me this property was purchased in 1984 or 1985 and .when " they were ready to get the approvals back then, they went out and cut down all of the trees to start for the site preparation because at that point and time the set back was 50 feet. We then had major discussions, as you know, whether the setback was going to be 50 or 100 feet. When they started clearing it recently, there were some trees that had some second growths, you know limbs that were coming out. They were cut back, a couple of those were cut back so you if you go out there now you're going to see stumps that are a combination of. some old stumps and you' re going to see some new ones but there were , no trees there. There is no bulldozer that has been put into that 100 foot setback area. That whole area as I said was the brambles that were cut back and I 'm here now to find out where we go from here. As far as redoing it, I mean if you want us to go in and rip up what is there and put in, new vegetation fine but I think if you go out and look you will find that the existing vegetation in that 100 foot area is still there. We also have a problem since we are here on this and I know I brought this up at the very beginning. The problem we have is, we have one of those buildings that' s, at the 100 foot set back. I 'm' not sure if you were around but I know I spoke with Dave Emmilita on this at the very beginning. You've got a 100 foot setback here. We have the building, building B and A but ,specifically B, we're right on the 100 foot setback. When SOUTHOLD TOWN PLAN` tG BOARD 30 MARCT ` 6, 1990 we go in to do construction, . we' re going to be coming into this area by about roughly 20 .or 25 feet and we're going to have to backfill etc. so that' s a- problem that was there when the 100 foot was in and I know we discussed it with several people indicating that' we would' be going in here .at least as far as that part is concerned. Mr. McDonald: What does that resolution say as far as the setback? There' s not any clearing or grading outside of . that lot? Mr. Haefeli: No, there is nothing in your resolution? The resolution itself says that it is part of the plan and the plans are attached. Here is your resolution right there. Mr. McDonald: Those are the ones we asked be put on the plans. You. don't have to read the whole thing. Mr. Haefeli: I think that is the entire resolution, in fact here it is. Here is a copy. You have two buildings down in here. This building is in here and that has to be removed. Mr. McDonald: Is .there any mention on the site plan that that building has . to be removed? Mr. Haefeli: That from a point of view is not. a problem because this_ is an area where we' re putting the walk down no matter how you want to look at it. Mr. Ward: What is your intent in this area? Mr. Haefeli: Let it grow back in. Now if you want us to put something else in there fine but`�what is there will be grown back up once the season starts. All it was, it was the same as if you cut grass, it is going to start growing. Mr. Ward: Are you going to do any grubbing in there? You didn' t grub out anything? Mr. Haefli: What does grubbing mean. Mr. Ward: Digging it out, running blades through there and digging it out. Mr. Haefli: No sir. The grading went to this point and .from this point there was no grading done. They used some sort of a thing to cut back the bramble. What I 'm pointing out to you, no matter what we do, we have a problem in here. I think if you walked out here you are going to see what was there is still there. Mr. McDonald: One of the problems was that several times we have asked you to get the barrier up for erosion and it didn' t SOUTHOLD TOWN PLAN fG BOARD 31 MARCF 6, 1990 .go up until --- several times we asked for it and it hadn' t gone up and then this happened..and the barrier went up after. Mr. Haefli: I thought this one was up. Mr. McDonald: We made several inspections and it wasn' t there. Mr. Haefeli: When they started bulldozing. Mr. McDonald: We were there on several occasions where it didn' t exist. That is probably one_ of the reasons you probably went over because you failed to put up your erosion control measures. At this point, I guess one of the problems is building where the set back line is because while we could find it before because it was staked we can no longer find it because they are all gone. Mr. Haefeli: I wasn' t looking for stakes. When I went out there,- there was an erosion. control line and my client also tells me since then that they have put hay bales up along this. side. Mr. McDonald: Should we have an inspection? Mr. Orlowski: When we approved that, a lot of things weren' t put in the resolution because the zoning board had some things in and one of the things was that all construction was to be setback a minimum of 100 feet from the bluff. Mr. Haefeli: Oh yeah, there was no question about that. Mr. Orlowski: Erosion and control plans as indicated in the draft environmental impact statement and' it is the suggestion of the board for the special exception that hay and straw bails be placed outside the 100 foot mark during construction . Mr. Edwards: I think we should go look at- it and see if .replanting is needed. Mr. Orlowski: Suppose the board makes an inspection out there with someone from your group and we' ll make a decision out on the field. We' ll schedule it tentatively for this Friday about 4: 00. Mr. Haefeli: Thank you very much. Mr. Orlowski : I have nothing further on my agenda, 3 ' ll ask if there are any questions from anyone. Donna Geraghty: . I 'm sorry, I came in late and I wanted to know what the determination was on Summit Estates? y a:. Town Hall, 53095 Main Road cU-a�t�k,�� �', � � SCOTT L. HARRIS P.O. Box 1179 Supervisor Southold, New York Fax (516) 765-1823 11971 y®� Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 8, 1990 Richard T. Haefeli Attorney At Law 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 RE: Cliffside/Tidemark SCTM# 1000-45-1-1 Dear Mr. Haefeli: As per Henry Raynor's request, enclosed please find a copy of the Planning Board' s correspondence of December 27, 1989 regarding the above mentioned site plan. This .letter explains the corrections to the Planning Board' s December 18, 1989 resolution. Please contact this office if- you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. r / Chairman Encl. - vil Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 1 1971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 27, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark SCTM 41000-45-1-1 Dear Mr. Raynor: The letter sent to- you on December 20th had an incorrect version of the resolution. Please substitute this letter for that one. The following action was taken by the Southold Town Planning Board on Monday, December 18, 1989. RESOLVED that the site plan of Cliffside/Tidemark Hotel which is composed of the following: a site plan (Dated as received by the Planning Board on October 13 , 1989) and a drainage plan (dated as received by the Planning Board on November 30, 1989) and a floor plan (dated as received by the Planning Board on December 7, 1989) , be approved. The following conditions are included in this approval: 1. None of the individual hotel units may exceed the square footage noted on the attached floor plans (Dated as received by the Planning Board on December 7, 1989) of this approved site plan. 2. The stairs down the face of the bluff are NOT included in this approval. A separate amended application for approval for the stairs will have to be made once the appropriate permit is obtained from the Bureau of Marine Habitat Protection of the New York State Department of Environmental Protection. RESOLVED. that the Chairman he authorized to sign the site plans onto which the aforementioned conditions have been attached. Enclosed please find a copy of the endorsed plan for your records. If you have any questions, please do not hesitate to contact this office. y truly yours-,-, 21 f Bennett Orlowski, Jr. Chairman enc. cc; me Assessor' s Assessor' s Office vs Ur Town Hall, 53095 Main Road —/ ti � `% ' a SCOTT L. HARRIS P.O. Box 1179 Supervisor Southold, New York ��� Fax (516) 765-1823 11971 r�� F �� Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 1, 1990 Henry Raynor 320 Love Lane Mattituck., New York 11952 Re: Cliffside/Tidemark Hotel SCTM # 1000-45-1-1 Dear Mr. Raynor Before this Board will recommend the lifting of the stop work order on the above-named site, a landscape plan for the revegetation of the 100 foot buffer area must be submitted for review and approval. The landscape plan should attempt to replicate the vegetation that was removed. This Board' s position is that the buffer area must be restored by May 15, 1990, before the stop work order will be lifted. Very Truly Yours, Bennett Orlowski, Jr. /5 Chairman cc: Victor Lessard, Principal Building Inspector Kenneth Tedaldi, Principal, Cliffside Associates Gerard P. Goehringer, Zoning Board of Appeals tilk"N OF SOUTIIOLD ' BLF'OTNG DEPARTMENT ; SOUTIIOLD, NEW YORK STOP WORK ORDER TO: KENNETH TEDALDI--CLIFFSIDE TIDMARK Owner, Owner's Agent or Person Periorming %Vork) 130 JESSUP AVE., QUOGUE, N.Y. 11959 Andress or above-named person) YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT. 61475 COUNTY ROUTE 48, GREENPORT, N.Y. (Aaaress wnere work is to be stoppea) TAX ,MAP NUMBER 1000-045-01-02 Pursuant to section 100-283 of the Code of the Town of Southold, New York you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: CLEARING VEGETATION WITHIN 100 FEET OF THE BLUFF IN VIOLATION OF B. OF A. NO. 3542 DECISION, ALSO VIOLATES SITE PLAN APPROVAL. • CONDITIONS UNDER WHICH WORK MAY BE RESUiMED: WHEN PLANNING BOARD AND BOARD OF APPEALS APPROVE ABOVE WORK. . � Failure to remedy the c6nditions aforesaid and to comply with the appli ro�sio QQ �] P �s of" law may constitute an offense -punishable by fine or imprisonment or bot I. f` PL DATCD: FEB. 13, J 1990 �'A�` BUILDING INSPECTOR / CODE ENI:ORCEIIENT OF:FICcR CURTIS W. HORTON MEMORANDUM TO: Victor Lessard, Principal Building Inspector FROM: Bennett Orlowski, Jr. , Chairman RE: Cliffside/Tidemark Site Plan SCTM # 10.00- 45-1-1 DATE: February 13, 1990 Please send an inspector to the above-referenced site to issue a stop work order. The site is being cleared in a manner that violates the site, plan and the mitigation requirements of the final environmental impact statement. Specifically, the vegetation within 100 feet of the bluff crest has been cleared. The vegetation within this area was designated on the approved site plan as a buffer area that was to remain undisturbed. The grading section of the approved site plan, a copy of .which is in your office, illustrates clearly all areas where vegetation was to be left undisturbed. A site inspection indicates that that plan has been violated. Accordingly, I am requesting the issuance of a stop work order. cc: Curt Horton, Building Inspector Matthew Kiernan, Assistant Town Attorney Planners' OK -Motel -Affer 5 , Year Battle ', . By Bill Fallon has two bedrooms,two baths and a liv- Traffic Questions Addressed come something of a first-class opera- SOUTHOLD—It took five years,but ing room, although in a scaled-down Ms. Wacker,as well as Szepatowski tion for.the town. (;Ld'; the developers of the Cliffside/Tidemark version of the original plan,.which en- Associates, engineering consultants to In other planning news, the planners motel-complex in Greenport finally got visioned units between 911 and 1,042 the planners,had also asked that the traf- have asked the DBM affordable housing the okay to build from the Planning, square feet The developer is Cliff�ide ;fic in the area be scrutinized. In the developers to set aside four of their half- Board Monday night.' g, Associates of Quogue. � �"�:" y g layout approved Monday,there is an ac- acre lots for park space. Neighbors of Since it fast hit a blue not in Au St A major point of contention with celeration and deceleration lane surround- the 55-lot subdivision on 37.5 acres off p gu Cliffside/Tidemark can be found in the. ing the entrance/exit.Also,no left-hand Boisseau Avenue,Southold,had argued 1984' Cliffside/Tidemark has aroused "Cliffside"half of its name.The project turns will beg. at several Planning units are really meetings for squestions, rooms oimcondo-er the is to be built above the Sound on the . The "no left'rule willprevlent people more green space in the subdivision, m its are wait to happen. north side of Route 48, opposite the from cutting across two lanes of traffic which is to be half affordable lots (at g ppe San Simeon nursing home on 7.13 to gain access to 48. As a last traffic $28,386 each)and half at whatever the The answer to that question it a com-t 600, acres. The North Fork Environmental remedy, the planners moved the,promise.There are to be 68 units at 600 Council (NFEC) had. asked that the market will bear. square feet apiece, plus a manager's bluffs' integrity be respected when entrance/exit to its farthest_practical" The comment period on DBM is still apartment. They will be owned as con- point east on the parcel, open.Green space aside,the developers NFEC president Ronnie Wacker spoke —Herb Mandel and Richard Israel— dominiums and rented out.as motel to the planners in January.The planners Now, the hammers and nails take have been unable to secure a contract rooms on atime-sharing basis to pre- ananged�the!layout so that a more accu over, weather.permitting."'Their inten- with the Greenport Water Authority.. vent people from living in them.full, rate monicker now would be'"A Hundred - : dons are to,be in_buildin as soon as "They keep getting to the wire,but they time. (Full-time residents are thought to Feet From Cliffside,"because that is the , ;possible,,"'said Henry'Raynor,one-time. , haven't actually got something in writ- more services rtc t1 chools and police, distance the closest building will be to town planner who served as a consultant : ing," said Valbrie Scopaz, the town rriore than a.part timers.) .Each- room ;the.edge of.the Sound bluffs. ! for"the'developers. "It's!going to be- planner, !1..}i�,(� 1 I�k� cl''l�%�i} 1, c'•:�I1 I'�',Ib! S:j�h::�, {`,i }ii .`�'17 f f,l (i l `(;- a r Town Hall. 53095 Main Road' `` P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 27, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark SCTM 41000-45-1-1 Dear Mr. Raynor: The letter sent to you on December 20th had an incorrect version of the resolution. Please substitute this letter for that one. The following action was taken by the Southold Town Planning Board on Monday, December 18, 1989. RESOLVED that the site plan of Cliffside/Tidemark Hotel which is composed of the following: a site plan (Dated as received by the Planning Board on October 13, 1989) and a drainage plan (dated as received by the Planning Board on November 30, 1989) and a floor plan (dated as received by the Planning Board on December 7, 1989) , be approved. The following conditions are included in this approval: 1. None of the individual hotel units may exceed the square footage noted on the attached floor plans (Dated as received by the Planning Board on December 7, 1989) of this approved site plan. 2. The stairs down the face of the bluff are NOT included in this approval. A separate amended application for approval for the stairs will have to be made once the appropriate permit is obtained from the Bureau of Marine Habitat Protection of the New York State Department of Environmental Protection. RESOLVED that the Chairman be authorized to sign the site plans onto which the aforementioned conditions have been attached. Enclosed please find a copy of the endorsed plan for your records . If you have any questions, please do not hesitate to contact this office. Ze truly�yours-, =�� r Bennett Orlowski, Jr. Chairman a enc. cc: Building Department Assessor' s Office vs d 1989 O�cuFFO(NCGy CWN OF SOUTH EEuL,p 0 OFFICE OF BUILDING INSPCTOIN®V 16110 I 9r.� -Y DEPARTMENT-.OF PU6L{C WORKS TOWN CLERK'S OFFICE PE ___ FtNIITS,piVIslot SOUTHOLD, N. Y. iilii;igi'1l�� 3'1V;'"j - ............J . .....d.T�...............Date � , Mr. A%L- C-AmPAriO LH- Commissioner of Public Works Suffolk County Yaphank Ave., Yaphank, N. Y. c,ry OCT 23 1989 Y.:s AR VAMT G' PUBLIC WORKS ` o Dear Sir: a 'f FTV'r e.:,:�'Y'HEERING �= t In accordance with Section 239K of the General Municipal Law of the J consolidated Laws of the State of New York, this is to notify the Commis- Z p sioner of Public Works of the County of Suffolk that ...................................... c -?e r s . '60. �r r............ ... . - ..............4. . �...u .�k. ....!Y:`��.... .1.`1.s. ............................................................ has applied to the Town of Southold for a permit to construct'b�building-S 17 on -. . ... ................... ........... as shown on the attached Plot Plan, submi ed ip triplicate, dated ................ ..........................................�.and titled .. ...L:l......5 f..............o S..D C., ...... We shall withhold further action on this application for ten days or as otherwise provided in the aforementioned Section 239K. Very truly yours, : (P) m► (A-( k G oil Y' �PLRSD I- A(DJDW L— C ' Building Inspector 11/9/89-APPROVED-to the Town of Southold Town of Southold, N. Y. pursuant to Section 239K of the General Municipal Law subject to the stated conditions: As per revisions & comments as shown on the plans. A permit is required pursuant to Sectionr13 of the Highway Law. SUFFOLK COUNTY DEPT. OF PUBLIC WORKS JOSEPH P. HURLEY, COMMISSIONER By: - C. RUCAK MEEKER. CHIEF ENGINEER Town Hall. 53095 Main Road P.O. Box 1179 ' : ''z, �' :,• .L�; Southold. New York 11971 ' '+ TELEPHONE (516) 765-1938 PLANNING BOARD OFd- TOWN OF SOUTHOT December 20 , 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark SCTM *1000-45-1-1 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, December 18 , 1989. RESOLVED that the site plan of Cliffside/Tidemark Hotel which is composed of the following: a site plan (dated as received by the Planning Board on October 13 , 1989) and a drainage plan (dated as received by the Planning Board on November 30 , .1989) and a floor plan (dated as received by the Planning Board on December 7 , 1989) , be approved. The following conditions are included in this approval: 1. None of the individual hotel units may exceed the square footage noted on the attached floor plans (Dated as Received by the Planning Board on December 7, 1989) of this approved site plan. 2. None of the individual hotel units shall have "cooking facilities" . 3 . The stairs down the face of the bluff are NOT included in this approval. A separate amended application for approval for the stairs will have to be made once the appropriate permit is obtained from the Bureau of Marine Habitat Protection of the New York State Department of Environmental Protection. RESOLVED That the Chairman be authorized to sign the site plans onto which the aforementioned conditions have been attached. Enclosed please find a copy of the endorsed plan for your records. If you have any questions, please do not hesitate to contact this office. Veer truly yours, 77 `BerirYe rlowski; Jr. Chairman enc. cc: Building Department Assessor' s Office vs SIDNEY B. BOWNE & SON Sidney B.Bowne,P.E.,L.S. Roland Anders (1922-1959) Francis J. Lynch Chester C. Kelsey, P.E., L.S. 45 ManQ O �Jj Phillip Schlotzhauer Robert A.Stanton,P.E. q V Joseph F.Stegman Robert W. Brown,L.S. Smithtown, N.Y William William T.Styne Zabdiel A. Blackman, P.E., L.S. (516)�724L0 1 Richard B.Weber Frank J.Antetomaso, P.E. I 9 George A.Style, P.E. DEC 1 Jerry D.Almont, P.E. George L.Fagan,Jr.,Ph.D.,P.E. L Frank Capobianco,C.E. SOIfTHOLD 70VJE�I Paul F.Stevens, P.E. pLgINING BOARD Roger L. Cocchi, P.E. ecember 15, 1989 Thomas R.Pynchon,L.S. Mr. Bennett Orlowski, Jr. , Chairman Planning Board TOWN OF SOUTHOLD 53095 Main Road Southold, N.Y. 11971 RE: Site Plan for Cliffside Motel , Greenport, N.Y. S.C.T.M. 1000-45-1-1 SBB No. 87530 Dear Mr. Orlowski : In accordance with your request of December 13, 1989, we have reviewed the revised plan on the above-referenced site. We find that the necessary modifications have been made, and pending receipt and review of the test hole data, hereby approve the plan. We will notify your office of our findings upon review of the test hole data. If we may be of further assistance in this matter, please let us know. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS A. BARTON CASS, P.E. ABC:enr cc: R. Jacobs R. Dean - SBB MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H ,ianey 8.Bowne.P f.,L S Poland A (192��19$�►_._ _ Cam° L jU � Roger LC ccnl Chester C Kelsey. P E..L.s:Alexenore W.Merclr; , 46 anon Road ^-"` Pr.ncti r t ynen - - ---- Pn�6p 9enlotznauer Robert A. Stanton, P.E. lth!oNi� N,Y 11787 :3 Lr ..-a i e :l ! Joseph F S!egman Robes w, Brown, L S. a (, ( L) , j LiDtltel A. dletkman, R L.S,i.... _ ( 1�) 2Qi'0y 1 Paul F Sleven6 williem T styne George A.Style.P.E. J ' Richard 9 w+oa Jerry�.Almont,Y E. DEC ► 8 1989 George L.Pagan.Jr., Ph.D..P.E. frank Capoolari=.c�. SOUTHOLD TOWN PLANNING BOARD Thomas R.Pyncnon, L.S. ---- .�,_ S138 FAX NO. ( 516 ) 724-0315 - - FAGS TM IME COVER SHEET DATE,- TO: 1 ! FROM : NO- OF -PAGES- ( 14CLUD TNG TH IS SHEET) COMMENTS : IF YOU DO NOT RECEIVE ALL HS PACES AS INDICATED ABOVE , PLEASE CALL US AT 516-724--0611 AS SOON AS POSSIBLE . MINE4!�A + SMITHTOWN s NEW YORK CITY + CLEARWATER An tquai Opportunity t+mpleyar M/F/M Sidney B.26wsle'P.E.,l-S. Chester G. Kelsey. P.E,, �,S, Robert A. Stanton,P.B. 46 Manor Road Robert W. Brown.L.S. 8mitntown, N.Y, 11787 Z6bclial A BlaCkFtlan. P.E.. L.S. am Prank J.Antefornaiiia,P.E. (5115) 724-0611 ,.':.::.:Richard B.Weber —7. George A, Stylt, P.E. Jerry D.Almont, P.E. George L.Pagan,Jr.,Ph,D..P.E, Frank Capolblanoo. C.E. Paul rF .SCihoacncan P,E. December 15, 1989Roge L i,A.E. Thomas A, Pyncnon,L.S. Mr*. Bennett Orlowski, Jr. , Chairman Planning Board Q #7 TOWN OF SOUTHOLD Cl AFC ' 53095 Main Road Southold, N.Y. 1197/1 8 19�9 RE: Site Plan for Cliffside Motel , Greenport, N.Y. So S.C.T.M. 1000-45-1-1 i'00 SBB No. 87530 Dear Mr. Orlowski in eltcordance -,,qi+.h your request of December 13, 1989, we have reviewed the revised plan on the above-referenced si'te. We find that the necessary modifications have been made,,, .-and pending recelipt, and review of the test hole data, hereby approve the plan. We will notify your- office of our findings upon review of the test hole data. If we may be of further assistance in this matter, please let us know. very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS A. BARTON CASS, P .E. ABC:enr cc: R. Jacobs R. Dean SBB MINEOLA • SMITHTOWN NEW YOF4K CITY • CI EAR WATER AM 90uAl OPPartufl,ty ffrnpioyet AA/F/H MEMORANDUM TO: File FROM: Valerie Scopaz, Town Planner DATE: December 13 , 1989 On the Friday, December 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 4floor 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 +.CL Town Hall. 53095 Main Road ;' P.O. Box 1179 � ,.. �� Southold. New York 1 1971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 1989 A. Barton Cass Sidney B. Bowne & Son Inc. 45 Manor Road Smithtown, New York 11787 a a Re: Cliffside/Tidemark SCTM # 1000-45-1-1 Dear Mr. Cass, Enclosed please find /�he requested revisions as per your letter of November 20, 1989 and your conversation with James C. Milliken of Henderson and Bodwell. Please confirm if they meet with your letter of November 20, 1989 . If this confirmation is not included in the $300 .00 review fee that was paid, please notify this office by telephone before proceeding further. Very-Truly Yours, A V enne'�t�'drlowski,fJr. G Chairman 1 ERs PARTNERS `(/ ® ASSOCIATES Russell S. Bodwell Robert B. Meredith Steven L. Samet • • William R. Bodwell John J. Price J Brian McMorrow 'James R. Deland, Jr. 2 Dana J. Parrish Waldo H. Clarke Q• Charles R. Beckert Paul H: Ulatowski eODV- CONSULTING ENGINEERS 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 • 516-935-8870 • FAX 516-935-8760 December 12, 1989 �� L d t1C1310 Bennett Orlowski , Jr . , Chairman Town of Southold :y4:r Y,. NMI DTO�VN Planning Board PLANNING BOARD 53095 Main Road Southold , New York 11971 Re : Cliffside Motel Dear Mr . Orlowski : Enclosed are 15 prints of Sheets 2 and 3 for the Cliffside Motel project. These plans have been revised to reflect the review comments listed in Mr . A. Barton Cass' s November 20, 1989 letter . ' Additionally, we offer the following responses : 1 ) Test hole locations and depths were discussed with Mr . Cass. He stated that the soil logs may be submitted under separate cover from Henry Raynor . 2&3 ) All drainage pipe shown is readily available with a minimum size of 18 inches, with the exception of the roof drain pipes which Mr . Cass will allow as shown . 4) The drainage area calculations for the roof areas were discussed with Mr . Cass and are acceptable as shown. 5 ) A pavement section is indicated on Sheet 3 and the pavement thickness shown has been discussed with Mr . Cass . 6 ) Areas on the plans have been marked "SAVE VEGETATION" as requested and are shown on Sheet 2. 7 ) The plans have been revised to reflect the comments of the Suffolk County Department of Public Works. Somerset, New Jersey Mason, Ohio Elmhurst, Illinois Orlando, Flordia 201-563-0880•FAX 201-563-1169 513-398-1728•FAX 513-398-5611 312-834-9406•FAX 312-834-0329 407-351-1727•FAX 407-351-4075 HENDERSON AND BODWELL DATE: December 12, 1989 PAGE: 2 of 2 T0: Bennett Orlowski , Jr . RE: Cliffside Motel ---------------------------------------------------------------- We trust that these latest revisions will satisfy the concerns of the Planning Board and that approval may be granted . Very truly yours, James C. Milliken JCM/sm Enc . cc : H. Raynor D. Haefeli FAX COVER SHEET TO: I�Ng 0a FROM: Aca q'- A 2c- DATE: Pages to follow: Additional Comments: IF ALL PAGES ARE NOT RECEIVED, PLEASE CALL SOUTHOLD TOWN HALL at (516) 765-1800 Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 1989 Henry Raynor P.O.Drawer A Jamesport, New York 11947 J Re: Cliffside/Tidemark Hotel County Road 48, Greenport SCTM # 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, F, Valerie SCop�az`� Town Planner for Bennett Orlowski, Jr. Chairman CC: Gerard Goehringher, Zoning Board of Appeals Victor Lessard, Principal Building Inspector N NDV 3 0 09 ��ppUTHOLD TOWN PLANNING BOARD l L45 1 Lin Tvt •:Y� ��..���. � :� hod Bo f �Ln Soot 1 T®�vnand eats o p MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1.,, NY. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. ENO SERGE DOYEN,JR. 8 1989 ) JOSEPH H. I DAMES DININIZIOZIO, JR JR. SOUTHOLD TOWN ACTION OF THE BO ARn 11 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 101, 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. j_ J 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 100T61B( 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. a: Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, its was a . 7 Page 3 - Appl. No. 35.42 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 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 p ped 600 sq. ft. in size. [Arti.cle VI , Section 6IB. .A 0 . 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 mii}imum 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 X-6ERARD P. GOERRINGY CHAIRMAN Ad SOUTHOLD TORN PLANNING BOARD THE GREENPORT FIRE DEPARTMENT November 22, 1989 Planning Board Office Town Hall, 53095 Main Road P.O. Box 1179 Southold , New York 11971 Re; Proposed Site Plan for Cliffside/Tidemar-k Hotel SCTM #1000-45-1-1 Unicorporated Greenport Attention: Bennett Orlowski Jr. Gentlemen: By review of the enclosed site Plans at our November 21 meeting, The Greenport Fire Deptment Board Of Fire Wardens feels the building site will not present any problem to our equipment in any means of fire protection. The locations circled on the utility plan drawing would serve as sufficeint water supply for fire fighting needs. These locations appear to have been preplanned for this purpose. The cost of these fire hydrants could be estimated by contact of The Village Of Greenport Water Dept. Which also need be contacted for hook up to water mains. F7'e]fJ7eUrban 'cally Y rs; C Crd Of Fire Wardens SIDNEY B. BOWNE & SON Sidney B.Bowne,P.E.,L.S. Roland Anders (1922-1959) - n Francis J.Lynch Chester C.Kelsey,P.E.,L.S. 45 Manor Road 6 Phillip Schlotzhauer Robert A.Stanton, P.E. Joseph F.Stegman Robert W.Brown,L.S. Smithtown, N.Y. 1178 O d William T.Styne Zabdiel A.Blackman, P.E.,L.S. (516)-724-061 1 Richard B.Weber Frank J.Antetomaso, P.E. George A.Style, P.E. Jerry D.Almont,P.E. j jOLO TOWS George L.Fagan,Jr.,Ph.D.,P.E. BOAR[) Frank Capobianco,C.E. Paul Stevens, P.E. November 2Q 1989 Roger L.Cocchi,P.E. � Thomas R. Pynchon,L.S. Bennett Orlowski , Jr. , Chairman Town of Southold Planning Board 53095 Main Road Southold, N.Y. 11971 Re: Site Plan for Cliffside Motel - Greenport S.C.T.M. : 1000-45-1-1 Dear Mr. Orlowski : We have reviewed the above referenced site plan and find that the following items must be addressed prior to final review: 1 . Test hole data should be incorporated into the set of plans. 2. The drainage system should be modified so that the minimum pipe size is 18 inch diameter. 3. The drainage system should be revised to use readily available pipe sizes. 4. The calculations for the areas contributing to 'roof drains do not seem to be correct. They do not appear to represent the roof areas of the buildings. 5. The composition of the parking lot and drive pavement are not indicated. Depths and materials of construction should be shown on the plan. 6. Recommend that areas on the plan where natuarals growth is to be retained be labelled as such. 7. Access to County Road 48 and the proposed sanitary sewer installation require a permit from the County Department of Public Works. Their comments should be incorporated into the plans. If you have any questions pertaining to this matter, please give us a call . Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS ad"L, A. BARTON CASS, P.E. ABC:rp cc: Ray Jacobs Ray Dean (SBB) MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX Ilia WESTHAMPTON BEACH, NEW YORK 11978 515-288-5455 TELECOPIER (515) 288-5474 109 November 6, 1988 1 , 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: It is my understanding that all of the information requested by the Planning Board regarding this application has been submitted, and therefore there are no outstanding items that would prevent the Planning Board from taking action on this application. Accordingly, I ask that the Planning Board take action on this application at its next meeting, on November 20, 1989 . Very truly yours, lichard T. Haefeli RTH:jl �'� • 7z�-a3rS^ FAX COVER SHEET TO: FROM: DATE: L Z-4 Pages to follow: i{ Additional Comments: IF ALL PAGES ARE NOT RECEIVED, PLEASE CALL SOUTHOLD TOWN HALL at (516) 765-1800 'fZ Town Hall. 53095 Main Road P.O. Box 1179 °��' � Southold, New York 11971 r TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 16, 1989 Robert W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11971 Re: Enclosed purchase order and voucher for Cliffside/Tidemark Hotel SCTM * 1000-45-1-1. SBB File No. Dear Mr. Brown, Please find authorization to proceed with work on the above-named subdivision. Ver ruly Yours, �f dr1owski, Jr. Chairman ,` e5 PT 3%533 \._TOW,m OF SOUTHOL Purchase Order # .. .3W Tax Exempt # A163554 . Date =W Account Deliver and send billing to' Vendor 4. De artment.,.O/-�3/1r✓ir✓ ,�i�-iPJ p ;,'• �Y�✓/5� LL . ..: ., Gym ! �02/�i4� Address � .. s-ow7Xo�� �✓ i�97` y�r�� -;' VENDOR "Return this copy and Town of Southold voucher itemized and signed for payment" - 1 ITEM QUANTITY DESCRIPTION UNIT COST TOTAL THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE DEPT. HEAD AND THE SUPERVISOR I, CERTIFY THAT THERE ARE ' SUFF IENT FUNDS VAIL BLEW IN APPROP I I N AR D Dept. Head I, CERTIFY THIS TO BE A JUST ;WASE ORDER Original Copy RICHARD T. HAEFELI ATTORNEYS COUNSELOR AT LAW - 1 184 MAIN STREET NOVP.O. BOX 1112 N 1(�n } WESTHAMPTON BEACH, NEW YORK 119i78 U:J 516- 288-5455 TELECOPIER (516) 2-88-5474 November 13, 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: Pursuant to your letter of November 9, 1989 , I do not believe that your requirement of obtaining a D.E.C. permit for the stairs is necessary before the Board takes action on the site plan that has been submitted to it. To avoid further delay, take this letter as a statement that the stairway is deleted from the site plan presently being considered by the Board. As to Item #2 of your letter, it .is my understanding that the application has been filed and a copy of the application has been filed with your office. As to the additional engineering fee, it is my understanding that that check has been delivered to your office. Your Board does not have to wait to receive the decision from the Board of Appeals, Building Department, Greenport Fire Department or Suffolk County Planning Commission before proceeding with this application. RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW If the items you set forth have not been received, the applicant should not be penalized and his application delayed because of the delays incurred by other municipal agencies. I again request that this application be considered at the next meeting of the Board, since from the applicant's point of view, all items requested by the Board have been submitted and the application is complete. Very truly yours, c Richard T. Haefeli RTH:j 1 IIIJJJ cc: Kenneth J. Tedaldi >x r r S �� r`4iK➢'ion` r,�f<�� Town Hall. 53095 Main Road ti e , ,,,47� ,. u �- P.O. Box 1179 Jnva.3;: Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 9, 1989 Richard T. Haefeli P.O.Box 1112 Westhampton Beach, New York 11978 Re: Proposed Site Plan for Cliffside/Tidemark Hotel SCTM # 1000-45-1-1 Dear Mr. Haefeli, The Planning Board has received your letter of November 6, 1989. In this letter you state that all outstanding items have been addressed, and that, accordingly, the Planning Board should take action at its November 20th meeting. This is to notify you that all outstanding items have not been addressed as of this date. 1 . The Suffolk County Planning Commission' s comments have not been received yet. 2. The permit from the Suffolk County Department of Public Works must be submitted. 3 . A permit from the Bureau of Marine Habitat Protection of the New York State Department of Environmental Protection for the stairs down the face of the bluff must be submitted. If you do not have the permit and wish to expedite this application, it is suggested that you delete the stairs from this site plan proposal, and resubmit it in the spring after you have obtained DEC approval for the stairs. 4. The Planning Board' s letter of October 30th has not been answered. A copy of same is enclosed for your convenience. Until this letter is answered, the drainage and grading plans will not be reviewed. The Planning Board is also waiting for a copy of the decision from the Zoning Board of Appeals, and responses from the Building Department and the Greenport Fire Department before proceeding. Upon satisfactory resolution of all of the above, the Planning Board will place the site plan on the agenda. Very Truly Yours, Bennett Orlowski, Jr. Chairman cc: Henry Raynor L 1 ��,.^...� i 1i� (may 4 I r, �J r All 3 198 I(I ^( �/(/�T� 'J L PO ___..... -7 -uk?---1 ON �6 • n o . • f "� R "4 .. ...._.... ..._ .. _. . ..._--------.-------.________.._._._._._______...___...__..._.___.__. _._._-_ --•- Gam- —=--�. . FIT -�_�.,�.�� 01 '89 lc b P. TOWN OF SOUTHOLD 12F.F10E OF 8UIL-OfN0 il`4S �t�l::`I'OR: ✓ � ; . OWN l;E`.4f;f:'� c���-ec� .£=Yzs NOV — 3 lJi;9 1 * fROUTHOLO, N.Y. Date .............� .�..?.. , ... ............... Mr. PAM.— C-AM POO 1.,f3' Commissioner of Public Works Suffolk County Yaphank Ave., Yophank-, N. Y. Dear Sir; In accordance with Section 239K of the General Municipal Low of the consolidated Laws of the State of New York, this is to notify the Co`nrnis- sioner of Public Works of the County of Suffolk that ...................................... h .............. .......... Y d r.,L7F�r..a,..s:.�.�.�!•e F.�.'`/-.'"e;�rj(.�..�.�............tl..�.�.a...e...Y..i.aY....,............. ................l � Sa3ia e..T.y.............................................................. has applied to the Towel of Southold for a ,pelemit to construct 1�,building_r .......... as shown on the otboched plot plaid, submitted in tri/p(lliicate, doted ..�.....►........... -. ....................e...............,-.....a and tltjmd. ... TGA5 1lJ,C....A� �CJ`.da..u.... We shall withhold further orction can this application for ten days or as ather-%rise providled In the aforementioned Section 239ie. I t Very truly yours, f -4') ]0 ef yam` $�.-.]� ��'"I-J-r` 8wilding inspector Town of Southold, N. Y. I I:'•i Lim �'+ 1c �r 'ew York, St ta- Department o �Vir les3t t Conservation Building 40 -S�e to:ly ��,',�o Yasit 1794 2. (516), 751-7904 I, J . .� _ 3 �b NOV e1J z. homas'C. SorOng 14, ?3 r omrnissioner a March 11, 198$ Southold Town Flanni.rn Bo4xd - - - Town Hall, 53095 Main.Rd. ; P.O. Box 1179 Southold, V. Y. 119-1 Attn: Valerie Scopaz fir Bennett Orlowski, Jr. , Chair.-4an lte: DEIS For Cli,f€side Associates a/k/a Tide Nark - i bear Ms. Scopaz,: The Lepartmanr offers the 'fo,llowing comments. on the shove referenced pzaject: Bureau of Marine Fzh;tat Protection p The project, as proposed l:Les beyond .g_ DEC jurisdiction with respect to Tidal 'A'etlands 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 to ensure it and the beach below remain un-disturbed. Also. ro 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 Suun''X U-L,it 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 A' shall assure they have none. I hope those corlar,ents will be of use to your agency in its decision making process. -hank. you for the opportunity t0 review this project. i.,'•' ' Very truly yours, Joseph B. Hall Environmental Analyst JBH:rw fenclosure C.C., JBK (SEAR File) -• ...... C. T. Hamilton �.,.... aohert Wi 4-her Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ,19 Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr.. Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - \`, �` ��� {.Hamlet/Locality ��`etl►�C� -20`,1��.1�, S.C.D.P.W. To o No. : Zoning + EltTicezl S.C. Tax Map No. : )�)C-,, Major Sub. Minor Sub. Site Plan _Cluster MATERIAL SUBMITTED:. Preliminary Plat ( 3 copies) ' Road Profiles (1) Drainage Plans ( 1) Topogroaphical Map ( 1) Site Plan (1) Grading Plan ( 1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1 . The project is an (Unlisted) Type I) (Type II) Action. 2 . A (Negative Declaration) Positive Decl ra ation (Determ. of Non-Significance as dopted by the -`- " Planning Board. 3 . E.I.S. statement enclosed. yes (no) 4. The proposed division h eceived approval from the S.C. Dept. of Health. (Yes) (No) COMMENTS: Enclosed please find two D.E. I. S. dated July 1985 and September 1988 and the F.E. I. S. dated February 1989 Please note that the request for your review was sent under seperate cover on October 23 , 1989 . We request acknowledgement of receipt of this referral (Yes) (no) Referral received 19 by Suffolk County Planning Commission and assigned File No. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN jt revised: 3/8/89 oo5�FF0LA-���� f oakc Southold 'own 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, JR. 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 Q45, 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 wasp Page 3. - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 �i 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 no.t oed 600 sq. ft. in size. [Arti.;cle VI Se.cti.on. 6IB; 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 GERARD P. GOEftRINGY CHAIRMAN v VALERIE SCOPAZ ,``Y , '` Town Hall, 53095 Main Road it end '� —ia TOWN PLANNER `+i `:;} �; P.O. Box 1179 5 �® Southold, New York 11971 TELEPHONE - (516)765-1938 November 1 , 1989 C. Roger Meeker Chief Engineer Department of Public .Works Yaphank .Avenue P.O. Box.,59 Yaphank, NY 11980 RE: Cliffside/Tidemark Hotel SCTM #1000-45-1-1 N/S/0 CR 48 , Middle Road E/O Chapel Lane, Greenport Dear Mr. Meeker: In response to your letter of September 28th, please find the information you requested on the sight distance study. The information was presented as part of the draft and final environmental impact statements. For your information, the Town of,- Southold recently revised its site plan ordinance. Applicants are required to obtain all applicable curb cut permits from the County prior to receiving site plan approval. A copy of the site plan ordinance is enclosed for your convenience. Since the applicant will be applying directly to your office, it would be appreciated if you could keep our office informed of all changes you are requireing (to the site plan) by sending copies of your correspondence to us. Also, please feel free to call me if your staff should have questions or concerns about any applications submitted to your office. Please let your staff know that this procedure should be followed with all future applications as well. Sincerely, Valerie Scopaz VAS/jt Town Planner ,. Y.n+.�1 1 .,'��Ate• .. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 30, 1989 Henry Raynor 320 Love Lane Mattituck, New York 11952 Re: Proposed Site Plan for Cliffside/Tidemark Hotel SCTM # 1000-45-1-1 Dear Mr. Raynor The cost to the Town of reviewing this site plan has exceeded the fifty dollar application fee that was paid in December of 1984. The above-referenced plan was submitted to the Town Engineering consultant for review. Enclosed please find the consultant' s estimate of what it will cost to review the drainage plans. The Planning Board will not authorize the review until it receives a check in the amount of $300. 00 to cover the cost of the .required drainage review. The check should be made out to the Town of Southold. If there are any questions, do not hesitate to contact this office. fiery Truly Bennett Orlowski, Jr. L Chairman .cam a;l "' htl vh Town Hall. 53095 Main Road ♦nY} P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 30, 1989 Henry Raynor 320 Love Lane Mattituck, New York 11952 Re: Proposed Site Plan for Cliffside/Tidemark Hotel SCTM # 1000-45-1-1 Dear Mr. Raynor The cost to the Town of reviewing this site plan has exceeded the fifty dollar application fee that was paid in December of 1984. The above-referenced plan was submitted to the Town Engineering consultant for review. Enclosed please find the consultant' s estimate of what it will cost to review the drainage plans. The Planning Board will not authorize the review until it receives .a check in the amount of $300. 00 to cover the cost of the .required drainage review. The check should be made out to the Town of Southold. If there are any questions, do not hesitate to contact this office. Very :. Truly Yoiizs,/` Bennett Orlowski, Jr. Chairman HENDERSON AND BODWELL Consulting Engineers R EUTEM 00 41- D �` �Muvh,l UTU 120 Express Street PLAINVIEW, NEW YORK 11803 DATE JOB NO 2�- mac, (516) 935-8870 ATTENTION RE: TO I -7 2 OCTc./ I1 tj > WE ARE SENDING YOU „Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES ry rDATE(�r"� NO. DESCRIPTION O. / SC,,r L!V�Gr� ! C.�� D 7_0 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval XFor your use ❑ Approved as noted ❑ Submit copies for distribution > "'/� NAs requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PRODUCT 2E43 iYses Inc,Gorton,Mass.01471. If enclosures are not as noted, kindly notify us at once. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 r TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 25, 1989 Jerry Urban, Chief Greenport Fire Department P.O. Box 58 Greenport, New York 11944 Re: Proposed Site Plan for Cliffside/Tidemark Hotel SCTM # 1000-45-1-1 Unicorporated Greenport Dear Mr. Urban: Enclosed you will find a copy of the proposed site plan for the Cliffside/Tidemark Hotel. The Planning Board is required by the Town' s Zoning Code to forward a copy of proposed development plans to the fire district responsible for providing protection. It is our understanding that although this project lies outside of the incorporated Village of Greenport, it lies within the jurisdiction of the Greenport Fire Department. As noted on the enclosed form letter, please review the enclosed plans and mark where fire hydrants and wells should be placed in order to meet your district' s specifications. Then return a copy of same to this office. It would also be appreciated if you would send us a copy of your well specifications. A copy of the Southold Fire District' s requirements are included as an example. Further, if you have an estimate of the cost of installing a fire well in accordance with your specifications, please include it with your response. Fire wells of the type required by the other fire districts in Southold Town are included in the performance bond for the amount of ten thousand (10, 000. 00) dollars. Because of the large scale of this project and the fact that there will be three inhabited floors in some of the buildings, the Planning Board requests that you notify them if this will present any logistical problems for your existing equipment. Truly You Bennett Orlowski, Jr. cc: Francis J. Murphy, Supervisor, Southold Town George W. Hubbard, Jr. , Mayor, Greenport Village Frederick R. Weber, Secretary, Southold Fire District Victor Lessard, Principal Building Inspector, Southold � e s 1's} R ax 15 Town Hall. 53095 Main Road oar Y� t:A r �3 P.O. BOX 1179 Southold. New York 11971 �� •^;�� � .rs 4 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 23 , 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark SCTM #1000-45-1-1 Dear Mr. Raynor: The Planning Board has reviewed the latest revised site plans, and has deemed them satisfactory for distribution to the Building Department, the Fire Commissioner, the Board of Trustees, the Zoning Board of Appeals, the Town Engineer and the Suffolk County Planning Commission for review. The Board will forward the comments of these agencies to you as it receives them. Application should be made to the Board of Trustees and the Department of Environmental Conservation for all necessary permits to construct the proposed walkway down the face of the bluff. Application should also be made to the Suffolk County Department of Health Services for a permit for the pool. The following observations are noted with regard to the latest submission: white pines should be added to the front yard and western buffer area to supplement the existing deciduous vegetation which is rather sparse. Also, the proposed decking for the walkway to the beach should be in accordance with Building Code standards. Pursuant to Section 100-254 F. ( 3 ) of the Southold Town Zoning Code, we are required to notify you to make an application for a curb cut permit from the Suffolk County Department of Public Works. Enclosed you will find a copy of the letter which we received from the Suffolk County Department of Public Works, which outlines additional information needed by the County for its review purposes. Please be aware that the Planning Board cannot place this site plan on the agenda until all elements of Section 100-254 G. have been satisfied. If there are any questions, please do not hesitate to contact this office. "'Very Truly Yours Bennett Orlowski, Jr. Chairman Enc. cc: Victor Lessard, Principal Building Inspector Gerard Goehringer, Chairman, Zoning Board of Appeals Frank Kujawski, Jr. , President, Board of Trustees Southold Fire District Greenport Fire District C,�NTY OF SUFFOLK P2 CT PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ,1 DEPARTMENT OF PUBLIC WORKS JOSEPH P. HURLEY,P.E. JAMES G. MCCLAVE,P.E. COMMISSIONER September 28, 1989 DEPUTY COMMISSIONER Town of Southold Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Bennett Orlowski, Jr. ,RE: n/s/o C.R. 48, Biddle 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 Late for any improvements this Department deems necessary along the County right-of-gray. 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.R. 48 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 this 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 1 1 9 80-005 9 ■ (516)2B2- 2 - September 28, 1989 Tovn of Southold Planning Board RE: CLIFFSIDE/TIDEMARK HOTEL 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 By: Richard J. Ile CRM/RJL/J fb Principal Ci Engineer cc: Richard A. Strang, SCDPH Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 = 'P TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ®crz)w- a 3 , 19 Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - Ct,FpSl-L�p i aµLtt!��� Hamlet/Locality 4R9:EM6,90- -unl��vcorzp S.C.D.P.W. Topo No. : — Zoning RR, - RE'So2T Ami-bEm7*e , S.C., Tax Map No. : lDoo - Major Sub. Minor Sub. Site Plan Cluster MATERIAL SUBMITTED: Preliminary Plat ( 3 copies) Road Profiles ( 1) Drainage Plans ( 1) -Z--Topogroaphical Map (1) Site Plan (1) X Grading Plan ( 1) x Other materials ( specify and give number of copies) FL.or->P, PL oA Waiver of Subdivision Requirements - See attached sheet CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1 . The project is an (Unlisted) (Type I (Type II) Action. 2. 'A (Negative Declaration) ositive ec aratio ) (Determ. of Non-Significance as been a op e by the Planning Board. 3 . E.I.S. statement enclosed. (yes) (no) Fn�A-L a2,4 � 4 . The proposed division has received approval from the S.C. Dept. of Health. (Yes) (No) AArr> 5 1 COMMENTS: �jc-� H+1 s 2�CF���n f�- w,4T2_ CoN1R✓�c,i2 d rat T►+� 11i�� c� G2F�.J Pow,- T� We request acknowledgement of receipt of this referral (Yes) (no) Referral received 19 by Suffolk County Planning Commission and assigned File No. TNN -7 truly ouETT ORLOWSKI ,JR. CHAIRMAN it revised: 3/8/89 .ntiL qc,�11,r yy�554, Ay.., D�y+1 int aS3Y Town Hall. 53095 Main Road �.'��yl'�c P.O. Box 1179 Southold. New York 1 1971 ��� t `'d•,QY� TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 23, 1989 Robert W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11787 Dear Mr. Brown The Southold Town Planning Board hereby refers the following application to your office for review. Application Name: C��G�>>E/ E.�fK y07-Z-z Tax Map No. : /000 Bowne File No." : Hamlet Location: 64Eoylfbej Type of Application: Sketch Subdivision Map (Dated. / / 89) Preliminary Subdivision Map (Dated / / 89) Final Subdivision Map (Dated / / 89) Road Profiles (Dated / / 89) Grading and Drainage Plans (Dated / / 89) Other (Dated / / 89) Sketch Site Plan (Dated / / 89) Preliminary Site Plan (Dated /o / i3 / 89) Grading and Drainage Plans (Dated /o / ,-3 / 89) Other - a- n<,,q s F,4od2 A-frvs (Dated lo / i-3 / 8 9) Please develop an estimate of what it will cost to undertake the following review of the enclosed plan (s) : f�op1+� L)/�NAyE PeAr S POR 5rTC- 'Rs A wHotE; IN .2/o2 RDA hie,— b, P21 jA'T-E-- -Tbrn1 n) H W y a rU P�- L Enter the cost estimate on the enclosed reply sheet, then send its facsimile to this office. If the Planning Board wishes you to proceed with the review, it will send a facsimile of a purchase order authorizing the work to be done. The actual purchase order will be sent through the mail. If there are any questions, please contact Planning Staff. ry Truly You s, Bennett Orlowski, Jr. Chairman cc: John Cushman, Accounting Department 1 Town Hall, 53095 Main Road '�,�' P.O. Box 1179 Southold, New York 11971 4 `R 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: 1. reduce the traffic impact; 2 . reduce building and land coverage; 3 . reduce number and size of units (individual) ; 4. 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. r�I�ry trul yours; A id /r ! BENNETT ORLOWSKI,,J*�R. CHAIRMAN jt ,,.- �o ERS -- PARTNERS O ASSOCIATES Russell S. Bodwell �` 2 Robert B. Meredith Steven L. Samet • • William R. Bodwell John J. Price P J Brian McMorrow James R. Deland, Jr. 2 Dana J. Parrish Waldo H. Clarke Q• Charles R. Beckert Paul H. Ulatowski 800 CONSULTING ENGINEERS 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 • 516-935-8870 • FAX 516-935-8760 October 12, 1989 r 13 Chairman Orlowski 11_11L[ilj�'l OCT 1989 Town of Southold Planning Board ; 53095 Main Road _�--_- P.O. Box 1179 Southold, New York 11971 Re : Cliffside Greenport, NY Dear Chairman Orlowski : The following changes have been made to the Improvement and Site Plans for the above-referenced project as requested in your October 4, 1989 letter to Henry Raynor . 1 ) Sign details for both the motel entrance sign and the traffic signs have been included on Sheet 2 of 7 of the Improvement Plans. Site lighting is indicated on the Planting Plan, Sheet 5 of 7. 2 ) Building elevation and floor plans as prepared by Douglas V11 P. Herrlin have been included with this submittal . 3) The number of parking spaces has been indicated on the Site Plan and the loading area has been placed on both the Site Plan and the Improvement Plans. 4) The number of motel units is 68 with one additional manager ' s apartment which is indicated on the Site Plan. 5 ) A leaching pool for the pool drainage and backwash has been provided and is shown on Sheet 3 of 7 of the Improvement Plans. 6 ) Retaining wall details have been provided and fences around both the tennis court and pool have been indicated on Sheet 2 of 7 of the Improvement Plans. 7) The correct planting list and key has been placed on the Planting Plan and the percentage of landscaping is indicated on the Site Plan. Somerset, New Jersey . Mason, Ohio Elmhurst, Illinois Orlando, Flordia 201-563-0880•FAX 201-563-1169 513-398-1728•FAX 513-398-5611 312-834-9406•FAX 312-834-0329 407-351-1727•FAX 407-351-4075 'v HENDERSON AND BODWELL DATE: October 12, 1989 PAGE: 2 of 2 TO: Chairman Orlowski RE: Cliffside, Greenport, NY --------------------------------------------------------------- We trust these revisions will satisfy the concerns of your Cctober 4, 1989 letter . Very truly yours, Steven Samet, P.E. SS/sm cc: H. Raynor R. Haefeli VALERIE SCOPAZ ' i �+� Town Hall 53095 Main Road TOWN PLANNER P.O. Box 1179 Southold, New York 11971 �- �� TELEPHONE a- (516)765-1938 MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Valerie Scopaz, Town Planner 1S DATE: October 4, 1989 RE: 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 A � ,✓ �� ,;• ,+ Southold. New York 11971 TELEPHONE (516) 7 65-19 38 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. 2. 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. 1. The number of parking spaces, and the location of the loading area should be noted on the site plan. 2. The plan should indicate the number of dwelling units proposed, including the manager' s dwelling unit, (73 ) . 3. 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. 5. 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. Very`Truly Yours,,--, ,.J 1 Bennett Orlowski, Jr. Chairman cc: Zoning Board of Appeals James A. Schondebare, Town Attorney r s iJ 9 n'fi�xY Town Hall. 53095 Main Road P.O. Box 1179 '• '�'��� �. ..,: Southold. New York 11971 TELEPHONE (516)7 65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM FROM: Bennett Orlowski, Jr. , Chairman TO: Gerard Goehringer, Chairman Zoning Board df Appeals DATE: October 4, 1989 RE: 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. COUNTY OF SUFFOLK ' ®� L OCT - 31989 PATRICK G. HALPINeY' —t F —�J 00U-R100 O eN SUFFOLK COUNTY EXECUTIVE �°1.tAfJP NIG P3y}�t'10 DEPARTMENT OF PUBLIC WORKS JOSEPH P. HURLEY,P.E. JAMES G. MCCLAVE,P.E. COMMISSIONER September 28, 1989 DEPUTY COMMISSIONER Town of Southold Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Bennett Orlowski, Jr. RE: 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.R. 48 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 , this 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 1 1980-0059 ■ (516)282- 2 - September 28, 1989 Town of Southold Planning Board RE: CLIFFSIDE/TIDEMARK HOTEL 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 By:(2 L Richard J. ne- Principal Ci Engineer CRM/RJL/Jfb cc: Richard A. Strang, SCDPW p Town Hall. 53095 Main Road P.O. Box 1 179 Southold. New York 11971 f=l ' TELEPHONE (516)7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 20, 1989 Vito F. Lena NY.S. Office Building Veterans Memorial" Highway Hauppauge, New York 11788 Paul Campagnola Department of Public Works Suffolk County Center Yaphank Avenue Yaphank, New York 11980 Re: 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 June 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. Very 11._ `ly Yours, ennett Orlowski, Jr. Chairman anc. cc: -erard Goehringer, Zoning Board of Appeals Victor Lessard, Building Department Town Hall. 53095 Main Road P.O. Box 1179 � +� Southold. New York 11971 TELEPHONE (516)7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD .Tune 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. e ry tr y u.s, BENNETT ORLOWSKI, JR. CIIAIRMAN cc: Zoning Board of Appeals Victor Lessard, Building Department enc. r ^ �'I CJS l7 b:s�•ry cY� r'77 Town Hall. 53095 Main Road P.O. Box 1 179 Southold. New York 11971 TELEPHONE (516) 765.1938 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. . Ve truly yours, 1i2 BENNETT ORLOWSKI,JR. CHAIRMAN enc. Cc: Zoning Board of Appeals Victor Lessard, Building Department "PTAR®R SE. RVIt ,I RECEIyED By SWIINRB TOWfl PU,K,,���;6 BOAR VU31987_' D U NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Unit Bldg. 40, SUNY---Room 219 . Stony Brook, N. Y. 11794 -7900 vU !�� RE: Dear SI rs A review/has/been^�made of your proposal to: C%/k,s`�v�,tic"7 7-2- S`r`& �r ,(/dk� /�-o r, err/,.1 Gla `eQ S/,CA6 Location: .�,�5 � C/e yr 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 RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516- 288-5455 TELECOPIER (516) 288-5474 September 21, 1989 � 2 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: Pursuant to the request of the Planning Board, I am enclosing herewith for filing in your office revised site plan showing the changes requested by the Board, to the scale requested by the Board. I believe everything is now complete and would ask that your Board now take final action approving this plan at its next meeting. Very truly yours, - 7 Richar T. Haefe i RTH:j 1 n C4.�Q� cc. James A. Schondebare, Esq. d. ((1C(a� 1 2U q e q oA) RICHARD T. HAEFELI ATTORNEY&COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK HQ78 516- 28 8-545 5 TELECOPIER (516) 288-5474 September 21, 1989 SEP 22 1989 Mr. Bennett Orlowski, Jr. Chairman -iA 2,;s:': ra 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: Pursuant to the request of the Planning Board, I am enclosing herewith for filing in your office revised site plan showing the changes requested by the Board, to the scale requested by the Board. I believe everything is now complete and would ask that your Board now take final action approving this plan at its next meeting. Very truly yours, e T. Hae e i RTH:jl cc: James A. Schondebare, Esq. HENDERSON AND BODWELL LIETTIE12 OG 9,D Consulting Engineers 120 Express Street �. PLAINVIEW, NEW YORK 11803 DATE JOB NO. 9" (516) 935-8870 / j ATTENTION RE: TO P&A 7'j I Iv e!�- e o - Qr� > WE ARE SENDING YOU 1 Attached ❑ Under separate cover via the following items: ❑ Shop drawings 'Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION THESE ARE7TRA MITTED as checked below: pproval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution > As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PRODUCT 24M Inc.,Craton,Mm 0I421. If enclosures are not as noted, kindly notify us at once. :VI � i• �., e--, l.,3: �`-`•riff,,Y"cl;i, ��'l Town Hall. 53095 Main Road .,` „T P.O. Box 1 179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING 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 SCTM41000-45-1-1 Dear Henry: This is to confirm that the following information is still forthcoming: 1 . Details of sign and a lighting plan for the entire site. 2. Topographical and other information as required by the Zoning Code; grading and drainage plans, and site elevations. 3. Detailed landscape plans, including buffer areas, building sites, 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 the hearing at the Zoning Board of Appeals. Upon submission of twelve (12) complete copies of a revised. plan that includes the above 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,. VALERIE SCOPAZ r r Y;. r z ' ;, TOWN PLANNER cn ._ �ti Z Town Hall, 53095 Main Road u ' P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 MEMORANDUM TO: Bennett Orlowski, Jr. , Chairman, Planning Board Gerard Goehringer, Chairman, Zoning Board of ,Appeals FROM: Valerie Scopaz, Town Planner DATE: September 20, 1989 RE: 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 Planning 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 submitted 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 C the New York State Department of Transportation, the Town Engineer and the Conservation Advisory Council as per Section 100-254D of the Zoning Code. a' ery tru y , BENNETT ORLOWSKI, JR. CHAIRMAN cc: Zoning Board of Appeals Building Department ms Town Hall. 53093 Main Road ti3 a.�•.,' � '' ' P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Southold Town Board of Appeals FROM: Southold Town Planning Boardls DATE: June 23, 1989 RE: Proposed Site Plan Cliffside/Tid.emark SCTM## 1000-45-1-1 The enclosed revised site plan concept is in accordance with' the 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. .r JUL , 19 9 SOUfii�)�it i05t'sd P. 0. Drawer A Jamesport, NY 11947 June 29, 1989 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, NY 11971 RE: Marina Bay Club 1000-117-8-18 and Norris/Carr/Wanat 1000-122-5-4 C Dear Mr. Orlowski: liffside/Tidemark Please be advised that I have notified by clients with regard to your letter of June 19, 1989 requesting additional fees for environmental review. These clients are reviewing these requests at this time. Sincerely, r Henry E.ZRayn , J HER:ml CC : Richard Carr Iff a blttl Town Hall. 53095 Main Road ;,� � P.O. Box 1179 ' L i� W Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING 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 SCTM#1.000-45-1-1 Dear Henry: '4 - This is to confirm that the following information is still forthcoming: 1. Details of sign and a lighting plan for the entire site. 2. Topographical and other information as required by the Zoning Code; grading and drainage plans, and site elevations. 3 . Detailed landscape plans, including buffer areas, building sites, 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 the hearing at the Zoning Board of Appeals. Upon submission of twelve (12) complete copies of a revised. plan that includes the above noted information, referrals will. be made to theBuilding Department, the Suffolk County Planning Commission, the Fire District, the Trustees., the Highway Superintendent, the Suffolk County Department of Public Works,, a the New York State Department of Transportation, the Town Engineer and the Conservation Advisory Council as ,per Section 100-254D of the Zoning Code. a Zry tru y WJR. BENNETT ORLOWSKI, CHAIRMAN cc: Zoning Board of Appeals Building Department ms . Yt Town Hall, 53095 Main Road ° - P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD t TO: Southold Town Board of Appeals FROM: Southold Town Planning Board (S DATE: June 23 , 1989 RE: Proposed Site Plan Cliff side/Ti.d.emark SCTM# 1000-45-1-1 The enclosed revised site plan concept is in accordance with the 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. i Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 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.. e ry tr y u s, BENNETT ORLOWSKI, JR. CHAIRMAN cc: Zoning Board of Appeals Victor Lessard, Building Department enc. �r • ii Town Hall. 53095 Main Road a ; P.O. BOX 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 19, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark SCTM #1000-45-1-1 Dear Mr. Raynor: A review of our books indicates that the fees for the environmental. review of the above-referenced. project subject to the New York State Environmental Quality Review Act have exceeded the initial monies you have paid to the Planning Board. to cover the environmental review. Enclosed. you will find a copy of the bills that were sent to the Planning Board by .its environmental consultant, Szepatowski Associates, Inc. for the review of the above-named project. It would be appreciated if you. would submit the balance., which is $655.00, to this office by July 3, 1989. If you have any questions, please do not hesitate to contact this office. Vern truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN cc: James A. Schondebare, Town Attorney John A. Cushman, Town. Accountant x Sa �3r .I:i4 � 3 P'� Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 7 65-19 38 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. Ve truly yours, l BENNETT �ORLOWSKI,JR. CHAIRMAN enc. cc: Zoning Board of Appeals Victor Lessard, Building Department JUN SOUTH OLD TOWN PLANNIPIG BOARD SUBMISSIONS WITHOUT COVER LETTERS SUBJECT• C L I r F S 1 D F S ITE (ILA,J SCTM #1000- SENDER: tf ff o R y PHONE NUMBER: c�q g-'�S y 2-0 S I PL-,9 n4 A r), /_.fI jz�C-0 �»1e r+t:-E Z) Foy i 3a' s 12'iT— sIG-rA Co 4 rnt9rvG6 ►7urvx P s-'s;re\ R6La(--4 P-( loo S f i Hrc1S L:2 cam 41-ln P L-1 n E ?x&'1 N e' e4m(9-N D m,2r4i tLz 6- 1p— Yn-1 N 1 Z� iZ 1 �-64► `Tu 12 nl t,R�� „r N h ,0 , uj„� "gip Town Hall. 53095 Main Road " ' P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 17 , 1989 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Proposed Site Plan for Cliffside/Tidemark Greenport, New York 11944 SCTM.#1000-45-1-1 Dear Henry: The following actions were taken by the Southold Town Planning Board on Monday, May 15, 1989. RESOLVED that the site plan dated. May 10, 1989 be revised as follows: 1. Sideyard set-backs. for the western building shall be changed to thirty ( 30) feet, from the twenty ( 20) foot set-back as shown. The sideyard setback for the eastern. buildings conforms to the thirty foot minimum set-back; 2. The sign must be in conformance with Article XX of the Zoning Code; 3 . Space could be provided between the building edge and the one-hundr.ed. (100) foot set-back. So as to minimize construction activity within the one.-hundred foot setback line; 4. The scale of the map must be 1"=201 , not 1" =301 ; 5. The dumpster should be relocated- to the north of the tennis courts (see copy of map for clarification) to provide better access for the sanitation trucks; 6 . Back-up space should be provided at the southern end of the parking for Building 'A' ; 7 . The right turn lane exit. may have to be widened ( see copy of map for clarification) ; 8. Topographical and other information as required by the Zoning Code; 9. Detailed landscape plans, including buffer areas, building sites, and walkway to beach. RESOLVED to refer the plan dated May 10, 1989, subject to the above mentioned revisions, to the Zoning Board of Appeals for the matter of a Special Exception. A complete copy of the revised site plan should be submitted to the Planning Board office prior to the date of the hearing at the Zoning Board of Appeals. A resolution was made and seconded to refer the site plan to the Building Department for review upon receipt of revised maps in accordance with the above, however, under the newly adopted zoning code there is no longer a certification procedure. Upon submission of twelve ( 12) complete copies of the revised plan, 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. Very my yours, "`"r tr✓ CHAIRMAN cc: Zoning Board of Appeals Building Department ms U7 f' _ � , _ �� ��J� - � .. .� . _ . . a ,�0.+ _ `� \1 . . �. � \ �`'`, \ . . -� � \ ,1� � � � ��, �, - i�� � � �� �� �� ��- `` 1 , . '' nn � - U r 1 ,� � \� - . ; � .. S% ',r � �� � �� ��� .a ., _ ., \.. ��� , - , . . . ;� 1 ��� . � Q;, � `_, � ��", .. ,- �:-.. ti��. \' � ."\\ ' �f1,'=���r. �\:>�. � . �• `� � s, ,� � � - �� _� ,- �° �' �� ` ��, � �� �� �� �` � '� � �� c� � �� ,- - ,f- �\ C I l �!- � tJl�Q � Cl�1 ���l Ck. � ls-�J(Ly'I '� i �� ` ���I:cr�n�- � , f�- f t le \� p L� C� C� D�I2 � . PLANtNIlNG BOARD SUBMISSIONS WITHOUT COVER LETTERS SUBJECT: SCTM #1000- SENDER: PHONE NUMBER: M RICHARD T. HAEFELI �' l! ATTORNEY&COUNSELOR AT LAW L� 184 MAIN STREET . P.O. BOX 1112 WR - 3 W WESTHAMPTON BEACH, NEW YORK 11978 516-288-5455 SOUTRU TOWN PLANNING BOARD T E L E C O P I E R (516) 288-5474 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 r^asons se'-- forth in this letter, I do rot belielre that the Planning Board 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 ATTORNEY S COUNSELOR AT LAW 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 filed 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 :yet 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., 19.R.8. 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, t RICHARD T. HAEFELI' , ATTORNEY S COUNSELOR AT LAW there has been no vote on the site plan by they 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 tine 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 adequate for a motel. While 450 square feet may be ade- quate for a transient motel, the applicant 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 1 RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 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 r ZP( 0,77 rd F�A.C . 77, Les v, ARO L Of A ,j 1T 4Q C-4N-s �77 L iz� pro Oct; (.._ rT T Southold Town Board of Appeals :61"v.• �. ` y;•pp�� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I„ N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI April 4, 1989 ( ? JAMES DINIZIO, JR. 4PR � V Richard T. Haefeli, Esq. 184 Main Street 1D P.O. Box 1112 �� Westhampton Beach, NY 11978 � V 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. Yours very truly GERARD P. GOEHRINGER CHAIRMAN lk cc: James A. Schondebare, Town Attorney "" Southold Town Planning Board and Office 3� r i r Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 29, 1989 Henry Raynor Drawer A Jamesport, New York 119 Re: Proposed Site ?clan for Cliffside/Tidemark Greenport, New York SCTM #1000-45-1-1 Dear. Mr. Raynor, The above-referenced..site plan must be revised so that it is in compliance with new zoning code as it pertains to the Resort Residential district, as well as with the findings of the. Final. Environmental Impact Statement, a copy of which is enclosed for your convenience. The Henderson & Bodwell plans that were used for the DEIS and the FEIS should be used as the base for the site plan, not the 1987 plan of Douglas Herrlin. The scale should be 1"=201 . In order to bring the plan into compliance, either the number of units should be reduced to 58 ; OR the size of the units should be reduced. The Board will. consider a reduction in the unit size to 600 square feet per unit at the 74 unit level. Additional information that is needed on site plan or as part of site plan: 1. Lighting plan. 2. Revised grading and. drainage. plan based on changes in layout due to changes required by the FEIS. Street elevations of County Road 48 along road frontage should - be included. Buildings adjacent to County Route 48 shall be one story in height. 3. Landscaping plan. Include percentage landscaping and listing of numbers and types of species to be used. 4. Sign plan. Indicate size, type, location. 5. Location of off-street loading area (s) . 6. Location of dumpster. Indicate appropriate screening. 7. Utilities should be shown as being underground. 8. Traffic signage, as required by environmental review, should be shown on plan. 9. Construction details of the walkway down the face of the bluff should be included on the plan. 10. The swimming pool and tennis court recreational complex should be centrally located for the convenience of the motel guests. 11. Disposition of the frame house should be indicated. 12. 20 to 25 feet between the 100 foot buffer areas and the building should be allowed for emergency access without intruding into the buffer area. 13. Building plans (including floor plans) should be submitted, along with .the elevation drawings. Nine copies of the revised plan should be submitted to the Planning Board for review by the Board members, and the Town Engineer. Very Truly yo�ir , Bennett Orlowski, Jr. Chairman SUMMARY The .Lead Agency would find 'an alternative that, a) increases the amount of natural buffer to a minimum of thirty feet along Middle Road and on the east and west side s of the property; b) that reduces the unit count to 58 or reduces the individual unit size to 450 square feet at a maximum of 74 units, c) reduces the buildings facing on Middle Road to one-story, and d) incorporates the findings on the subjects of traffic, visual impact, water supply and sewage disposal,posal, recharge, and Ishoreline and erosion control, will minimize environmental impacts to the greatest degree practicable. 1 1 1 i i S4I SZEPATOWSKI ASSOCIATES INC. - c A' ENS IRONMENTAL ENGINEERS d LANDLSE PLANNERS MEMORANDUM TO: FILE FROM: Valerie Scopaz, Town Planner RE: Clifside Tidemark March 17, 1989 meeting with applicants: specifically, Richard Haefli, attorney, Henry Raynor, representative, Douglas Herrlin, architect. DATE: March 27, 1989 The purpose of this meeting was to answer the applicant' s request for a clarification of the Board's findings in the Final Environmental Impact Statement. The applicant questioned the Board' s findings, specifically the following items: 1. On what authority was the Board requiring the 30 foot side yard requirment, given that the Code requires only 15 feet? 2. What was the basis for the Board' s requirement that the number of hotel units be dropped from the proposed 74 to 58? My response to the above noted questions were: 1. If the Board finds that a 30 foot buffer or side yard would mitigate the environmental impacts of the site then it is acting within its authority under SEQRA to require it in the final site plan. 2. The Board did not require a reduction to 58 units. It stated two options, one of which is to reduce the number of units. The other option is to decrease the size of the individual units to 450 square feet, but leaving the number of units intact. Both Haefli and Raynor felt that the findings in the FEIS were biased because of misunderstandings about the nature of the project. They stated that they are not building a condominium, but rather a condo-hotel. That is, they are building hotel units that will be sold to individual owners, . who must agree to allow the rental of the units for a specified number of weeks out of the year. THey also mentioned something that was not the subject of. the DEIS or the FEIS. There will be a year round dwelling unit for a manager on the site. This is the 75th unit that was shown one of the original site plans. that was submitted before the DEIS was required. They requested that I determine whether the site plan had been sent to the Suffolk County Planning Commission for review prior to the compilation of the environmental impact statement. I have reviewed the file and can find no referral to the Planning Commission. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)7 65-19 38 - PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 1989 Richard T. Haefeli 'P.O. Box 1112 Westhampton Beach, NY 11978 RE: Cliffside/Tidemark, SCTM 41000-45-1-1 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 ruly yours, BENNETI'tl ORLOWSKI,JR. r, ' CHAIRMAN oc: 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 vApplicant ✓Planning Board .Benry Raynor ✓� �� o� -FOSS s RICHARD T. HAEFELI J FEB f 71989 ATTORNEY S COUNSELOR AT LAW I 184 MAIN STREET P.O. Box 1112 r-LAN NG WESTHAMPTON BEACH, NEW YORK 11978 516-288-5455 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 the traffic information supplied with the addendum to the DEIS. Of the 29 accident reports, filed and included in the addendum, for the area from 1983 , three con- 1 6 RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 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 ATTORNEY S COUNSELOR AT LAW 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 ATTORNEY S COUNSELOR AT LAW in the FEIS, delivered to you on February 6 , 1989 , that it was suggested that the number of units be reduced to 58. 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, i Richard T. Haefeli RTH:jl 4 FL 2 71989 StftiT.1fJLD TU N-� dplf � f'f FINNING BUARD Grrruport 4 # , ��� �( n rr of unt trar bl 41 February 24, 1989 Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Cliffside/Tidemark Resort at Greenport, N.Y. Dear Sirs: We were deeply distressed to see the Town Planner and the consulting firm Memorandum of 11 /14/88 and the subsequent appendum prepared by Szepatowski Associates in ' which demands were made to arbitrarily increase the sideyards beyond those legally required by Town Codes, and arbitrarily eliminate 16 Resort Motel Suites on alleged whims, misinformation, rumors, and wild guesses. This would reduce the number from 74 to 58 of all suite motel units on a seven (7) acre site. What expertise and qualifications in the Resort Motel field qualifies this person to determine what number of units should be located on a seven (7) acre soundfront parcel . Or whether or not the number of .units or the square footage of. the units is or is not good for the environment or business? The number of units per acre and sideyards or other restrictions have not, nor have they ever had anything to do with pollution. Sewage treatment and the application of fertilizers , and pesticides rates the control of pollution! Our investigation has found that Tidemark poses an irrevocable sewer and water contract with the Village of Greenport. Taking Emilita's figures of 1750 gallons per day of recharge per acre in suffolk County would mean that the last water study underestimated the available water supply by more than 500. Therefore, we have available in Southold Town a 19 million gallon a day recharge and could pump that much per day which would be enough for 350, 000 people. However, the Master Plan limited the number of year round and summer people to 80, 000 and the existing zoning probably BOX 66 GREENPORT,NEW YORK 11944 Southold Town Pk-dnnin Board -2- 2/27/89 cuts those numbers down even further. The available water suppy is four times greater than what is currently being used. Farming has always consumed 750 of the pumped water. Now that farming is going out and housing is going in, housing uses only 10% of that amount. Where is the water shortage factually presented? The Village of Greenport has announced a five (5) million dollar expansion of their water delivery system. The fact that they presently have over 1 million gallons of excess capacity available for future demand is distressing. The Village also announced plans to expand and possibly go to tertiary treatment on their sewer system. They presently have upgraded their system and have met the D.E.C. standards since last August with 90,000 gallons of excess available capacity. This alone is more than enough to handle Tidemark's .15,000 gallons per day need, which won' t be needed probably until 1991 , if the plan were approved tomorrow. The "critical shortage" of Resort accomodations has not been addressed in over 30 years. We desparately need new up-to-date resort accomodations . A reduction of the number of units allowed on this existing plan which complies with the code is completely unacceptable and uncalled for. Did you know that each resort motel suite unit gives $100,000.00 or more in retail sales to the local economy per year? Tidemark appears to pay taxes of approximately $2,000.00 a year per unit and in a stressed school district such as Greenport, they need all the tax base they can get . There are 42 empty stores in Greenport ! We need every possible suite resort motel unit allowed by law to reduce taxes and improve the local economy without adding permanent residenta. The Greenport-Southold Chamber of Commerce has been on record since 1980 recognizing this problem and working towards a solution. Gentlemen, it can only be through your foresight and basing your decisions on factual information, and your assistance, that 'we can start to alleviate this critical shortage of resort accomodations in Southold Town. We urge you to approve the last (9th?) plan as presented with the legally allowed number of all suite resort motel units. For the Board of Directors, ' Richard C. Wilton, President cc:Southold Town Board Greenport-Southold Chamber of Commerce Suffolk Times L. I . Traveler Watchman . f -•r.� �'�i� r . v1U i i1U LD 7O!,11i� (� ��n�ra #- inn# l�► ( �tmbr��rumm -----� February 24, 1989 Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Cliffside/Tidemark Resort at Greenport, N.Y. Dear Sirs: We were deeply distressed to see the Town Planner and the consulting _firm Memorandum of 11 /14/88 and the subsequent appendum prepared by Szepatowski Associates in which demands were made to arbitrarily increase the sideyards beyond those legally required by Town Codes, and -arbitrarily eliminate 16 Resort Motel Suites on alleged whims, misinformation, rumors, and wild guesses. This would reduce the number from 74 to 58 of all suite motel units on a seven (7) acre site. What expertise and qualifications in the Resort Motel field qualifies this "`person to determine what number of units should be located on a seven (7) acre soundfront parcel . Or whether or not the number of units or the square footage of the units is or is not good for the environment or business? The number of units per acre and sideyards or other restrictions have not, nor have they ever had anything to do with pollution. Sewage treatment and the application of fertilizers and pesticides rates the control of pollution! Our investigation has found that Tidemark poses_ an ' irrevocable sewer and water contract with the Vil:�,ge of Greenport. Taking Emilita ' s figures of 1750 gallons per day of recharge per acre in suffolk County would mean that the last water study underestimated the available water supply by more than 500. Therefore, we have available in Southold Town 'a 19 million gallon a day recharge and could pump,;, that much per day which would be enough for 350, 000 people. However, the :-:Master Plan limited the number of year round and summer people to 80, 000 and the existing zoning probably BOX 66 GREENPORT,NEW YORK 11944 - Southold 7 1 Planning Board -2- 2127/89 cuts those numbers down even further. The available water suppy is four times greater than what is currently being used. Farming has always consumed 75% of the pumped water. Now that farming is going out and housing is going in, housing uses only 10% of that amount. Where is the water shortage factually presented? The Village of Greenport has announced a five (5) million dollar expansion of their water delivery system. The fact that they presently have over 1 million gallons of excess capacity available for future demand is distressing. The Village also announced plans to expand and possibly go to tertiary treatment on their sewer system. They presently have upgraded- their system and have met the D.E.C. standards `y since last August with 90, 000 gallons of excess available capacity. This alone is more than enough to handle Tidemark' s 15,000 gallons per day need, which won' t be needed probably until 1991 , if the plan were approved tomorrow. The "critical shortage" of Resort accomodations has not been addressed in over 30 years. We desparately need new up-to-date resort accomodations . A reduction of the number of units allowed on this existing plan which complies with the code is completely unacceptable and uncalled for. Did you know that each resort motel suite unit gives $100,000.00 or more in retail sales to the local economy per year? Tidemark appears to pay taxes of approximately $2, 000.00 a year per unit and in a stressed school district such as Greenport, they need all the tax base they can get . There are 42 empty stores in Greenport ! We need every possible suite resort motel unit allowed by law to reduce taxes and improve the local economy without adding permanent residenta. The Greenport-Southold Chamber of Commerce has been on record since 1980 recognizing this problem and working towards a solution. _= Gentlemen, it can only be through your foresight and basing your decisions on factual information, and your assistance, that we can start to alleviate this critical shortage of resort accomodations in Southold Town. We urge you to approve the last (9th? ) plan as presented with the legally allowed number of all suite resort motel unit�-j ' For the Board of Directors, Richard C. Wilton, President cc:Southold Town Board Greenport-Southold Chamber of Commerce Suffolk Times L. I . Travelen- Watchman t 1 I SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS S41 February 14 , 1989 FEB 6;1989 SUUTH�p Tp�lf4 E'IAHtVIfVS BOARD Ms. Jill Thorp Southold Town . Planning Board 53095 Main Road Southold, NY 11971 Re: Cliffside FEIS Dear Jill: As per your request, enclosed are the additional copies of the FEIS for the Cliffside proposal. We have enclosed hine .copies, the seven .as you requested, and an additional two for the office. If you need any extra copies, please don' t hesitate to contact the office. Sincerely, SZEPATOWSKI ASSOCIATES, INC. T- ), Diane M.. Schultze Planner enc. ds 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 f T Town Hall. 53095 Main Road r�,2�xd>� ;�d��'<•�• P.O. Box 1179 Southold, New York 1 1971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 7, 1989 Richard T. Haefeli P.O. Box 1112 Westhampton Beach, NY 11978 - RE: Cliffside/Tidemark SCTM 41000-45-1-1 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. Ver my yours, BE£3NL?TT bRLOWSKI'y-JR.�>''.-�'."'.`•-�__ � e CHAIRMAN cc: 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 Appeals Board of Trustees Henry Raynor jt ,1 I SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS S41 February 6, 1989 I � FEB - 6 1989 SOUTHOLD TOWN Mr. Bennett Orlowski Jr. , Chairman PLANNING BOARD �t Town of Southold Planning Board Town Hall 53095 Main Road Southold, NY 11971 Re: Cliffside FEIS Dear Mr. Orlowski, Enclosed please find ten (10) copies of the Final Environmental Impact Statement for the Cliffside site plan. Please distribute one copy to each of the Planning Board Members and to the involved agencies. Please advise Diane Schultze of our office of the additional number of copies needed. We are available to assist the Board with the preparation of the Findings and Determination Statement. Please call me if you have any questions. Thank you for the opportunity to provide consultation services. Sincerely, SZEPATOWSKI ASSOCIATES, INC. 1 , e David J,S. Emilita, AICP Principa anner DJSE/mt enc. 23 Narragansett Ave. Jamestown, 11102835 (401) 423-0430 ti Town Hall, 53095 Main Road u' � P.O. Box 1179 Southold,New York 11971 TELEPHONE (S16)76S-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD- January 24, 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, January 23, 1989. RESOLVED that the Southold Town Planning Board grant a thirty day extension, from January 28 to February 27, 1989 for David Emilita, Environmental Consultant, to prepare the Final Impact Statement. If you have any questions, please do not hesitate to contact this office. ..,.,-Very truly.:yours, r h BENNETT ORLOWSKI,JR. CHAIRMAN cc: David Emilita it Town Hall, 53095 Main Road P.O. Box 1179 0 �� Southold, New York 11971Oj TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM . TO: Planning Board . FROM: Valerie Scopaz,' Town Planner DATE: August 4, 1988 RE: Addendum to D.E.I.S. for Cliffside In my review of the addendum for completeness the following question arose: 1. On page 5, paragraph one, there is a discussion of unsafe conditions that exist at the intersection of Chapel Lane and C.R. 48. The paragraph concludes that "These conditions will not exist at. the proposed driveway intersection,, and it is not anticipated that the construction of' the Cliffside Project will impact the safety of the Chapel Lane intersection." However, no supporting documentation is given. For instance, what are the sight lines at the. Chapel Lane 'intersection? Are they less, greater or the same as the proposed driveway location? If the right turn only driveway is constructed, what traffic pattern will develop at the Chapel Lane intersection; for instance w-ill motel visitors who wish to go east to Orient or, Greenport be likely to turn south.•onto Chapel Lane or to make a u-turn at the intersection? Responses have been received from the following agencies: 1. N.Y.S.D.E.C. Joe Hall _ - no comment. 2. Szepatowski Associates David .Emilita - recommends acceptance of addendum for public review and comments. 3 . Zoning Board of Appeals Gerard Goehringer - recommends that addendum not be accepted until specified information is submitted. 4. Suffolk County Department of Public Works Paul Campagnola (verbal) ' recommends submission of a plan showing location of nursing Home's entrances and exits relative to the proposed driveway. r 1 The Board has two options, accept the Addendum as is for public comment or accept. the Addendum upon receipt of the specified items of information mentioned in the Zoning Board's letter . , and in the SCDPW's verbal request, and in this review. In light of the fact that the Zoning Board is a coordinating agency in this review process; and that the information which they are requesting will be needed during their subsequent review, I recommend that acceptance of the Addendum be conditioned upon receipt of the requested information. jd z Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 27, 1988 1 A Special meeting was held on Tuesday December 27, 1988. WHEREAS, the Planning Board granted a thirty ( 30) day extension, from December 29, 1988 to January 28, 1989, for David Emilita, Planning Consultant, to prepare the Final Environmental Impact Statement for Cliffside Associates. Bennett Orlowski,Jr,, . Chairman Wil' i F. Mullen;J . , Member Geor e Ritchie Latham,Jr. , Member Richard G. Ward, Member Kenneth L. Edwards, Member Town Hall, 53095 Main Road P.O. Box 1179 4A Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 27, 1988 Richard T. Haefeli P.O. Box 1112 W(tsthampton Beach NY 11979 RE: Cliffside Associates SCTM *1000-45-1-1 Dear Mr. Haefeli: The following action was taken by the Southold Town Planning Board at a special meeting oil Tuesday, December 27, 1988. RESOLVED that the Southold Town Planning Board grant a thirty ( 30) day extension, from December 29, 1988 to January 28, 1989, for the preparation of the Final .Environmental Impact Statement for the above .mentioned proposal. This is Pursuant to Section 617. 8 (e) ( 2) (i) of 6 NYCRR Part 617 of the State Environmental Quality Review Act. If you have any questions, please do not hesitate to contact this office. Very t- yly yours, BENNETT ORLOWSKI,JR. CHAIRMAN cc: David Emilita jt _—f V1 ■' SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS S41, December 19, 1988 DEC 9 Mr. Bennett Orlowski,Jr. ,Chairman NNING SO 144114 BON�N PLA BOARD _ 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 of the State Environmental Quality Review Act, we request a 30 day extension for the preparation of the FEIS for the above mentioned proposal. Thank you for your consideration in this matter. Sincerely, SZEPATOWSKI ASSOCIATES, INC. David J.S. Emilita, AICP Principal Planner dms 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 f RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW �. DEC 1 5 1988 . 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 SOUTI-IOLD TOWNPLANNING BOARD 516-288-5455 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 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 wa.S f .l_ed a.n.d p11rsnan.t to subdi.vi si-nr (b) thereof , jTnu mist rpn;ler 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. Very truly yours, Richard T. Haefeli RTH:j 1 Town Hall, 53095 Main Road '; '_�"" 1�-!-�-`''T •': 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. Sherman that water and sewer contracts between the Village of Greenpor-t and Tidemark are valid and in effect. Very truly yours; BENNETT ORLOWSKI , JR. CHAIRMAN f —• Officers UTILITY OFFICE TEL. Yilla (516)477-1748 MAYOR ye o 1,een oopt GEORGE W.HUBBARD INCORPORATED 163e POWER PLANT TE L. NEW INCORPORATION APRIL T.1066 (516)477-0172 TRUSTEES RE-INCORPORATION UNDER GENERAL LAW MAY se. lee• STEPHEN L.CLARKE JEANNE M.COOPER — DAVID S.CORWIN F• U GAIL F.HORTON ...... •. j�3 ' " a (r7 n {2 I p.N G I S L 'X l l�� j l 1V� L4 ; SUPT.OF UTILITIES JAMES 1.MONSELL 1 'r?!_' 7 IL 4U 1�I 236 THIRD STREET C P.O.BOXAH e.�a GREENPORT,SUFFOLK COUNTY SGifT,lCfLO Tf;'l;V NEW YORK 11944 PLAI,JNflkjG BOH14D December 5, 1988 Mr. Bennett Orlowski , Jr. Southold Town Planning Board Southold Town Hall 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, H: B erma � Ass't Sutp. of Public Utilities HBS: Ikm cc: George Hubbard, Mayor Village Trustees Utility Committee 100 Years of Community Service Officers X11a UTILITY OFFICE TEL. 9e of green MAYOR pod (516)477 1748 GEORGE W.HUBBARD INCORPORATED 1838 POWER PLANT TEL. NEW INCORPORATION APRIL T.1588 (516)477-0172 TRUSTEES R[-INCORPORATION UNDER GENERAL LAW MAY 28. 1894 STEPHEN L.CLARKE ryr JEANNE M.COOPER �y4y DAVID S.CORWIN EPSLANNION GAIL F.HORTON ........... (�] �r,G 1SLAN0 U LSSUPT.OF UTILITIESJAMES I.MONSELL 236 THIRD STREET I� jP.O.BOX AH GREENPORT,SUFFOLK COUNTY OWNNEW YORK 11944 OARD December 5, 1988 Mr. Bennett Orlowski , Jr. Southold Town Planning Board Southold Town Hall 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, B. hermanJ Ass't Sutp. of Public Utilities HBS: Ikm cc: George Hubbard, Mayor Village Trustees Utility Committee 100 Years of Community Service , Town Hall, 53095 Main Road P.O. Box 1179Fa,� Southold, New York 11971 1 u TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 7, 1988 David Emilita 23 Narragansett Avenue Jamestown, Rhode Island 02835 RE: Cliffside/Tidemark SCTM #1000-45-1-1 Dear Mr. Emilita: The following action was taken by the Southold Town Planning Board on Monday, December 5, 1988. RESOLVED that the Southold Town Planning Board request that David Emilita prepare a Final Environmental Imapact Statement. If you have any questions, please do not hesitate to contact this office. Very truly yours, fENNETT ORLOWSKI,JR. � CHAIRMAN cc: Richard Haefeli Jt E �a tit s wz 'r Town Hall, 53095 Main Road' P.O. Box 1 179 Southold, New York 11971 ®d � ws _ TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 17 , 19888 Huron Sherman Greenport Public Utilities 236 Third Street P.O. Box A.H. Greenport, New York 11944 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. -fiery truly BENNETT ORLOWSKI, JR. CHAIRMAN cc: John Munzel, Esq. David Emilita Gerard Goehringher, ZBA RICHARD T. HAEFELI ATTORNEY & COUNSELOR AT LAW a�� �1r11/ Q 184 MAIN STREET N I.�tdi...���ttt ,0 J P.O. BOX 1112 R y WESTHAMPTON BEACH, NEW YORK 11978 SOifTNOLD T04°M PLA,W[LNG BOARD 516-288-5455 m November 8, 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 received a copy of your letter to Mr. Raynor containing the resolution stating that there will be a public hearing on the Draft Environmental Impact Statement on November 14, 1988. Since there has been a hearing on the DEIS itself, the public hearing on November 14th has to be limited to the supplemental DEIS which this Board has requested. If there is any question as to what the hearing is going to contain, I would appreciate someone either from your office or from the Town Attorney' s office, contacting me so that it can be resolved. Very truly yours, Richard T. Haefeli RTH:jl JAMES A.SCHONDEBARE can Town Hall, 53095 Main Road TOWN ATTORNEY • P.O. Box 1179 ROBERT H.BERNTSSON ,� � Southold, New York 11971 TELEPHONE ASSISTANT TOWN ATTORNEY (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD NOV 2-��J TO: Planning Board FROM: James A. Schondebare, Town Attorney SOUTHOLDTOWN DATE: November 8, 1988 PLANNING BOARD REF: Tidemark - SEQRA I received a letter and then called Richard Haefeli, Esq., reference public hearing set for Monday, November 14, 1988 - according to him, the public notice for the hearing stated that it was a hearing on the DEIS which was already held in January, 1988. Since you asked for a supplement to the DEIS and since you already held a hearing on the DEIS, this hearing on Monday should be just on the supplement and not another full hearing. If you have a different view, please advise. JA S:rbw LEGAL NOTICE Notice;of.Public,Hearing NOTICE;, 'IS , HEl2'IBY COUNTY OF SUFFOLK GIVEN that pursuant to S6edo 'L n ss 276 of the3bwnaw,;.a,pulblic STATE OF NEW YORK gw be'held hehearin ' d ; Southold l�wfi'Planning Board, at the Town Hall, Main'Road, Southold;.New York in ;said Patricia Wood, being duly sworn, says that she is the Town on the 44th, day' of Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, November,1988 on the question of the•following:. '" a public newspaper printed at Southold in Suffolk County; , 7:30".p.m. A.joint0Planning and that the notice of which the annexed is a printed copy, Board/Town'Board!public,hear- has been published in said Long Island Traveler-Watchman ing on the Draft Environmental Impact S'tateinent with respect once each week for . . . . . . °. . . . . . . . . . . . . . . . I. . . . weeks to Norris Estates a onet located Carr/ successively, g . . . . . . . . . . . at the Town ofSouthold,Coun commencing on the . .� ' • ' ' ' ty of Suffolk;,State of New York.Suffolk County Tbx Map day o No. 1000-122-5-4. SEQR lead agency for the Draft Environmental. Impact Statement is the Southold Plan- ning'Board.-SEQR lead,agency for the change of,,zone',1is the Southold Town Board. Copiel'Im- s of pact Statement are on filea at•:the, Sworn to before me this . . . . . . . . . .� . . . . . . . . . day of Office .of,'tlie,' Southold;Town Planning s Board,,Town ::Hall, 19 8 Main'Aoad, Southold, - "'New . . " . . . . " " . . . . " " ' . . . . . York,and may be revieweddur- ing regular business hours: 8:00 p.m.-Public,hewing,on the Draft Environmenta Impact „ o Statement`with,iespectto Cliff- c '�"".zu side/Tidemark, located at the Town of'Southold, County,of Notary Public Suffolk,and State of New.Ygxk.. BARBARA A. SCHNEIDER Suffolk County TaxNlap;�N& NOTARY PUBLIC, State of New York 1060-454-1;`. ,:, . ,' r,:; ",.;, No.4806846 SEQR `lead •agency'is�'ahe Qualified in Suffolk C�ou�`nty 3 g$® SouihoId'Town Planning`Soard. Commission Expires --- Copies of the" Draft Environ- mental Impact Statement are on 8:30 p.m.-T Preliminary ap- file at the Office of the Southold proval of the major subdivision of Long Meadow Estates, Town Planning Board, Town located. ,at ttie'`'Town' of Hall, Main Road, ''Southold, Southold, Couniy;of Suffolk, New:York, and,may be review- and State of'Ndw-York.,Suffolk ed during' regular biismess;` County Tax; , Map hours: 1000413-7'19 2 The property is bordered on 8:15, p.m. :'Preliminary ap= The prope#tt%)is'bordered on ^ the North by Hiawatha';s,,Path; proval of the major subdivision'-.; the north b .SS lid Avenue;on on' the East by'�land tiow: or of Farmveu Associates;located the East-by Iand;now or former- I, "forinefly of Helen,Y,t�fty;.,,by at the Town of Sot thold,Coun- ly of Joseph and Lee Pukahl,by land now or 1.formerly,6f,16o- ty of8uffolk„and State,of New land now or•'formerly,gf John dove'and Bridget'Shirhlick,`by York: SuffolkCounty Tail Map and Catherine Simicich';,on the land,now or formerly of Sarkus; No. 1000-121-3-2: . South by land how or formerly on the South by land now or The pr`operfys is bordered on of John and Catherine Simicich, formerlyof Whittington;on the. the North by Sound Avenue;by by land now or formerly of West by,land now or formerly of landf'now or formerly, of H. •Kevin and Lesley Milowski, Oy St. Patrick's Church,'-"by.,land Denys,on1he East by land now land 'now or,formerly of Chu- now or,formerly.of Thomas and or formerly of,E. Davison, by diak; on the.west by Cox Neck Erika Taggart:' land now of:,-formerly'of,;I. Road.'. !', Any person desiring','to .be Matzger; on the South-East'by 8:45,p.m; Final approval of heard on the above Tatter,, land now or-formerly of.L. the.minor subdivision on Town should appear at the time and, Ivlafzger; by +land,.,now,-'or, owned property'at,Hiawatha's place 'specified: for of Aldrich`Land Real- Pathwith'respect to`affordable BY ORDER OF ty,Assoeiation;,16idhe South'by housing,located at the Town of i! THE SOUTHOLD TOWN land' now.or formerly of J. Southold, County,of Suffolk, PLANNING BOARD Ku j awski;on the West by Aid- and State of New York.Suffolk BENNETT 1'LOWSKI JR. rich Land, "by land now or County Tax Map No. 1000-78-3- ':; CJHAIRMAN formerly of 4.1 Dioreraon. 51. _ 1X; 11/3/88 (21) — - — — 8:15 pm.Preliminary approval of LEGAL NOTICE 1, the major subdivision of Farmveu Notice of Public Hearing Associates,located at the Town of NOTICE IS HEREBY GIVEN that .' Southold, County of Suffolk, and pursuant to Section 276 of the Town State of New.York.Suffolk County STATE OF NEW YORK) Law,a public h will be held by Tax Map No.1000-121-3-2. i the Southo own Planning Board, The propert rdered on the SS:' ' at the Town Hall, Main Road, North by and Avenue,by land COUNTY OF SUFFOLK). Southold,New York in said Town on now or formerly of H..Denys;on'the the 14th day of November, 1988 on:, East by land now or formerly of E. the question of the following: Davison;by land now or formerly of- Christina Con to n to - of Mattituck, Ir ,r p, joint Planning I Matz er;onthesouth-East by land, I r, I Boa d/PownBoard public hearing on now o formerly of L.Matzger,by I said County, being duly sworn,says that he/she is Principal the Draft Environmental Impact Land now or formerly of Aldrich Land Clerk of THE SUFFOLK TIMES, a Weekly Newspapers, Statement with respect to Norris Es- Realty Association;on the South by <> tates and the Catt/Wanat Change of land now or formerly of J.Kujawski; Zone, located at the T '� published at Mattituck, in the Town of Southold, County o? own o f on the West by Aldrich Land,by land Suffolk and State of New York,and that the Notice of whtcp Southold,County of Suffolk,State of now or formerly of J.Dioreraon. New York.Suffolk County Tax Map 8:30 p.m.Preliminary approval of the annexed Is a printed copy,has been regularly published in No.1000-122-54. for the Draft the major subdivision-of Long said Newspaper Once each week for]� Weeks SEQR lead agency Meadow Estates,located at the Town Environmental Impact Statement is of Southold,County of Suffolk,and I successively, commencing on the 3 day of the Southold Planning Board.SEQR State of New York.-Suffolk County lead agency for the change of zone is Novinmhe r 19 — I i Tax'Map No.100D-113-7-19.2. the Southold Town Board.Copies of 1 The property is bordered on the the Draft Environmental Impact north by Sound Avenue;on the East Statement are on file at the Office of I by land now or formerly of Joseph N the Southold Town Planning Board, and Lee Pufahl,by land now or for- ? �" Town-Hall, Main Road, Southold, merly of John and Catherine Simi- y New York,and may be reviewed dur- cich;on the South by land now or ing regular business hours. formerly of John and Catherine Principal Clerk 8:00 p.m. Public hearing on the Draft Environmental Impact State- Sinticich,by land now or formerly of meat with respect to Cliff- Kevin and Lesley Milowski,by land side/Tidemark,located at the Town of now or formerly of . ' on the west by Cox Neck Road. 3 Southold, County of Suffolk, and Sworn to before mg.this 1' State of New York.Suffolk County, 8:45 p.m. Final approval of the QC/ 9 Tax Map No.1000-45-1-1. da of 19 CCJJ MARY K.DEGNAN SEQR lead agency is the Southold nor subdivision on Town owned day of' Copies of the Property at Hiawatha's Path with re- NOTARY PUBLIC,State of New York Town Planning s to affordable housing,located at Suffolk County No.43g�860 Draft Environmental Impact State- the,own of Southold, County of j 41--' Term Expires Februar, 9 b meat are on file at the Office of the Suffolk, and State of New York. ' / Southold Town Planning Board, Suffolk County Tax Map No. 1000- -Town Hall, Main Road, Southold, 78-3-51. - New York,and may be reviewed dur- •The property is bordered on the ing regular business hours. North by Hiawatha's Path; on the East by land now or formerly of He- len Verity,by land now or formerly of Theodore and Bridget Shimlick,by land now or formerly of Sarkus;on the South by land now or formerly of Whittington; on the West by land now or formerly of St. Patrick's Church,by land now or formerly of Thomas and Erika Taggart., Any person desiring to be heard on the above matters should appear at the time and place specified BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI,JR. CHAIRMAN .6112 I N3 i r.. { �qr�� , Town Hall, 53095 Main Road P.O. Box 1179 '� '< Southold, New York 11971 TELEPHONE (516)765-1938 , _ 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 public hearing on the Draft Environmental Impact Statement. . If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN' cc: David Emilita Suffolk County Department of Health Services Suffolk county Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC. Commissioner Town Board Judith Terry, Town Clerk Building Department j Board of Appeals / Board of Trustees Applicant Planning Board / LEGALS NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road Southold, New York in said Town on the 14th day of November, 1988 on the question of the following: 7: 30 p.m. A joint Planning Board/Town Board public hearing on the Draft Environmental Impact Statement with respect :-to Norris Estates and the Carr/Wanat Change of Zone, located at the Town of Southold, county of Suffolk, State of New York. Suffolk County Tax Map No. 1000-122-5-4. SEQR lead agency for the Draft Environmental Impact Statement is the Southold Planning Board. SEQR lead agency for the change of zone is the Southold Town Board. Copies of the Draft Environmental Impact Statement are on file at the Office of the Southold Town Planning Board, Town Hall, Main Road, Southold, New York, and may be reviewed during regular business hours. ' 8 : 00 p.m. public hearing on the Supplemental Draft .. -. ,. , Environmental Impact Statement with respect to Cliffside/Tidemark, located at the Town of Southold; County of Suffolk, and State of New York. Suffolk County Tax Map No. 1000-45-1-1. SEQR lead agency is the Southold Town Planning -Board. Copies of the Draft Environmental Impact Statement are on. file at the Office of the Southol(:5�,.Town Planning Board, Town Hall,... Main Road, Southold, New York, and may be reviewed during L regular business hours. ,W 8 : 15 p.m. Preliminary approval of the major subdivision of Farmveu Associates, located at the Town of Southold, County of Suffolk, and State of News" York. Suffolk County Tax Map No. 1000-121-3-2. The property is bordered on the North by Sound Avenge, by land now or- formerly of H. Denys; on the East by land now or rY formerly of E. 'Davison, by land now or formerly of I. Matzger; on the South-East by land now or formerly of L. Matzger, by Land now or formerly of Aldrich Land Realty Association; on the South by land now or formerly of J. Kujawski; on the West by Aldrich Land, by land now or formerly of J. Dioreraon. 8:30 Preliminary approval of the major subdivision of Long Meadow Estates, located at the Town of Southold, County of Suffolk, and State of New York. Suffolk County Tax Map No. 1000-113-7-19. 2. The property is bordered on the north by Sound Avenue; on the East by land now or formerly of Joseph and Lee Pufahl, by land now or formerly of John and Catherine Simicich; on the South by land now or formerly of John and Catherine Simicich, by _ -...- land now or formerly of Kevin and Lesley Milowski, by land now or formerly of Chudiak; on the west by Cox Neck Road. 8 : 45 p.m. Final approval of the minor subidivision on Town owned property at Hiawatha' s Path with respect to affordable housing, located at the Town of Southold, County of Suffolk, and State of New York. Suffolk County Tax Map No. 1000-78-3-51. The property is bordered on the North by Hiawatha' s Path; on the East by lnad now or formerly- of Helen Verity, by land now or formerly of Theodore and Bridget Shimlick, by land now or formerly of Sarkus; on the South by land now or formerly of Whittington; on the West by land now or formerly of St. Patricks Church, by land now or formerly of Thomas and Erika Taggart._ Any person desiring to be heard on the above matters should appear at the time and place specified. BY -ORDER OF THE SOUTHOLD TOWN .PLANNING BOARD BENNETT ORLOWSKI,JR. CHAIRMAN PLEASE PRINT ONCE ON THURSDAY NOVEMBER 3rd AND FORWARD five ( 5) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: Long Island Travler/Watc1iirian_.:_. Suffolk Times LEGALS NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road Southold, New York in said Town on the 14th day of November, 1988 on the question of the following: 7: 30 p.m. A joint Planning Board/Town Board public hearing on the Draft Environmental Impact Statement with respect , to Norris Estates and the Carr/Wanat Change of Zone, located.. at the Town of Southold, county of Suffolk, State of New York. Suffolk County Tax Map No. 1000-122-5-4. SEQR lead agency for the Draft Environmental Impact Statement is the Southold Planning Board. SEQR lead agency for the change of zone is the Southold Town Board. Copies of the Draft Environmental Impact Statement are on file at the Office of the Southold Town Planning Board, Town Hall, Main Road, Southold, New York, and may be reviewed during regular business hours. t:= 8: 00 p.m. public hearing on the Supplemental Draft Environmental Impact Statement with respect to. Cliffside/Tidemark, located at the Town of Southold, County of Suffolk, and State of New York. Suffolk County Tax Map No. 1000-45-1-1. SEQR lead agency is the Southold Town Planning Board. Copies of the Draft Environmental Impact Statement are •on. file at the Office of the Southold Town Planning Board, Town Hall,.:;_ Main Road, Southold, New York, and may be reviewed during regular busingss hours. 8 : 15 p.m. Preliminary approval of the major subdivision of Farmveu Associates, located at the Town of Southold, County of Suffolk, and State of New York. Suffolk County Tax Map No. 1000-121-3-2. The property is bordered on the North by Sound Avenue, by land now or formerly of H. Denys; on the East by land now or r f formerly of E. Davison, by land now or formerly of I. Matzger; on the South-East by land now or formerly of L. Matzger, by Land now or formerly of Aldrich Land Realty Association; on the South by land now or formerly of J. Kujawski; on the West by Aldrich Land, by land now or formerly of J. Dioreraon: 8:30 Preliminary approval of the major subdivision of Long Meadow Estates, located at the Town of Southold, County of Suffolk, and State of New York. Suffolk County Tax Map No. 1000-113-7-19. 2. The property is bordered on the north by Sound Avenue; on the East by land now or formerly of Joseph and Lee Pufahl, by land now or formerly of John and Catherine Simicich; on the South by land now or formerly of John and Catherine Simicich, by land now or formerly of Kevin and Lesley Milowski, by land now or formerly of Chudiak; on the west by -Cox Neck Road. 8: 45 p.m. Final approval of the minor subidivision on Town owned property at Hiawatha' s Path with respect to affordable housing, located at the Town of Southold, County of Suffolk, and State of New York. Suffolk County Tax Map No. 1000-78-3-51. The property is bordered on the North by Hiawatha' s Path; on the East by lnad now or formerly of Helen Verity, by land now or formerly of Theodore and Bridget Shimlick, by land now or formerly of Sarkus; on the South by land now or formerly of Whittington; on the West by land now or formerly of St. Patricks Church, by land now or formerly of Thomas and Erika Taggart. Any person desiring to be heard on the. above matters should appear at the time and place specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI,JR. CHAIRMAN PLEASE PRINT ONCE ON THURSDAY NOVEMBER 3rd AND FORWARD five (5) AFFIDAVIT TO trIJIS OFFICE, THANK YOU. COPIES SENT TO: Long Island Travler/Watchman Suffolk Times • s Oar p vt Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 YS TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18,, 1988 Richard T. Haefeli P.O. Box 1112 Westhampton Beach, NY 11979 RE: Cliffside/Tidemark SCTM 41000-45-1-1 . Dear Mr. Haefeli: The following action was taken by the Southold Town planning Board on Monday, October 17 , 1988. RESOLVED that the Southold Town Planning Board deem the revised addendum to the. Draft Environmental Impact Statement complete. There will be a thirty day comment period ending November 16, 1988. A public hearing on the DEIS will be held within this thirty (30) day period. The date of this hearing will be set at the next Planning Board meeting on October 31, 1988. If you have any questions, please do not hesitate to contact this office. Ve Y" Yu1y yours, �f9 per", ,TlFi'��fs J�f !o BENNETT" ORLOWSKI JR.". . CHAIRMAN cc: David Emilita Henry Raynor Henderson & Bodwell jt �„/ ® 1 x O Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR.SERGE DOYEN, JR. OCT I 1 7 T 1 r1(1UG flnn lives JOSEPH H. SAWICKI James Di ni zi o, Jr. ; ; TO 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 a part . of the mitigation proposals of developer-owner; 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. G� `tf Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN ��� OCT 17 1988 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI P�pNNING BOARD 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. 4811 , 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 a part of the mitigation proposals of developer-owner; 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. G� a S411-td. ENVIRONMENTAL CONSULTANTS & PLANNERS Sail April 4, 1988 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Street Southold, NY 11971 Dear Mr. Orlowski, Szepatowski Associates, Inc. requests additional funds . of $1000 .00 for the SEQRA review fee for review of the. Tidemark/Cliffside DEIS. The amount budgeted thus far has been expended. Thank you for your cooperation. If you have any questions, please contact me. Sincerely, SZEPATOWSKI ASSOCIATES, INC. , Karen Braica Project Administrator KB:mt cc: Melissa Spiro, Planner ,APR 8 SOUTHOLD TOWN d PLANNING BOARD 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 o��FFo��o z So uthold Town. Board of Appeals MAIN ROAD - STATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 11971 -1809 APPEALS BOARD u �III IIJJ lU1 MEMBERS7 law 7 ` GERARD P. GOEHRINGER, CHAIRMAN �Cf ` CHARLES GRIGONIS, JR. S00YNpLD10WN SERGE DOYEN, JR. 39UG S PLANNING BOARD JOSEPH H. SAWICKI James Dinizio, Jr. TO: Southold Town Planning Board as Lead Agency i FROM: Southold Town Board of Appeals as Involved Agency i 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 .Enginee'rs, 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 a part of the mitigation proposals of developer-owner; 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. RICHARD T. HAEFELI yam. ATTORNEY & COUNSELOR AT LAW fb'_/ � 1988 184 MAIN STREET w� `L+7NWSl P.O. BOX 1112 :Y::x TH WESTHAMPTON BEACH, NEW YORK 11978 DlD TOWNKAHNJNG®OqRD 516 -288-5455 October 11, 1988 Bennett Orloski, Jr. Chairman Town of Southold Planning Bd. Main Road, Southold, New York 11971 Attention: Melissa Spiro Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Orloski: With the acceptance of the Draft Environmental Impact Study as a Final Environmental Impact Study, I would ask your indulgence to include transmittal of the site plan to the following : a) The Zoning Board of Appeals as a special exception for this project b) The Building Inspector's office for certification under A-100 Code of the Town of Southold. Very truly yours, Richard T. Haefeli RTH:jl BRANCH OFFICES: C PARTNC. Orlando,Florida �O G�s Russell S.Bodwell Elmhurst,Illinois �(/ , ' 0 John J.Price Somerset,New Jersey .� 2 Steven L.Samet Mason,Ohio • • Hall Clarke James Deland MAIN OFFICE: 2 � 120 Express Street Q• -`� ASSOCIATES: Plainview,New York 11803 sot) Paul H.Ulatowski CONSULTING ENGINEERS Robert B.Meredith William R.Bodwell Brian McMorrow Dana J.Parrish Charles R.Beckert HENDERSON AND BODWELL 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 516-935-8870 N.Y. FAX: 516-935-8760 N.J. FAX: 201-563-1169 OH FAX: 513-398-8611 IL FAX: 312-834-0329 September 16 , 1988 LSEF 201988 1 Mr. Bennett Orlowski, Jr. Chairman SOUTHOLD TOWN PLANNING BOARD Southold Town Planning Board 53095 Main Road Southold, NY 11971 Re: Cliffside D.E. I.S. Dear Mr . Orlowski : Enclosed are eight ( 8) copies of the revised addendum to Draft Environmental Impact Study for the Cliffside Project in the town of Southold. This report now reflects all but two of the concerns raised in the August 4 , 1988 memorandum from Valerie Scopaz and the July 15, 1988 letter from Gerard P. Goehringer , Chairman of the Southold Town Board of Appeals. The additional two items are addressed as follows: In response to Item I.E. of Mr. Goehringer ' s letter; the county does not have any traffic count data for this location which is more recent than the 1985 information included. This data has been supplemented by an August 1987 traffic count prepared by our office. In response to Item III .B. of Mr. Goehringer ' s letter; the Grading Plan provided in the rear pocket of the addendum indicates existing and proposed site contours along with indications of the present site vegetation and the areas of vegetation which are to be preserved. HENDERSON AND BODWELL Date: September 16 , 1988 Page: 2 of 2 To: Bennett Orlowski, Jr . Re: Cliffside D.E.I .S. ------------------------------------------------------------------ We request that this revised addendum be added to the D.E. I.S. currently in your hands and that the combined document be declared complete under S.E.Q.R. Very truly yours, Steven Samet, P.E. SS:vd Enclosures cc: H. Raynor R. Haefeli S►4 I Ltd. ENVIRONMENTAL CONSULTANTS & PLANNERS D S41 MEMORANDUM TO: Southold Town Planning Board RE: Draft Environmental Impact Statement Tidemark dated October 14, 1987 FROM: Szepatowski Associates, Inc. , Ltd. DATE: April 7, 1988 Upon review of the Draft Environmental Impact Statement (DEIS) submitted and the comments received during the public comment period, it is recommended that a supplement to the DEIS be prepared and submitted for review. The supplement shall adequately address the following issues which it is felt were inadequately stated in the DEIS. 1. Impact of the proposal on traffic on County Route 48, traffic hazards in the area and responses to questions as noted from the attached correspondence with regard to this: A. Items No. 1,2,3 , .-and 4 from the February 11, 1988 memorandum from Vale",--e Scopaz, Southold Town Planner. B. The February 11, 1988 memorandum from the Southold Town Board of Appeals. IC. The February 11, 1988 correspondence from the North Fork Environmental Council . 2. The water and sewer systems shall be adequately discussed II with responses to the comments of the Water Supply Unit of the NY Department of Environmental Conservation, Item No. 6 of the February 11, 1988 memorandum from Town Planner, Valerie Scopaz, and Item No. 6 from our memorandum of January 14, 1988. A copy of the contracts from the Village of Greenport should be included in the document. 3 . The visual impact of the project should be addressed to include cross sections as noted in the February 11, 1988 memorandum from Valerie Scopaz, Town Planner, and Item No. 2 of our January 14, 1988 memorandum. 4. More detail on the construction of the site should be given as noted in Item Nos. 1, 3 and 4 of our January 14, 1988 memorandum and Item No. 7 in the February 11, 1988 memorandum from Valerie Scopaz, Town Planner. 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 5. Drainage calculations .should also be included in the document as mentioned in Item No. 5 of our memorandum. 6 . All other items as noted in our memorandum with regard to critical impact areas and development alternatives. It is felt by SAI that these comments may not be all inclusive because of possible comments received by Southold which we have not reviewed, however, the sum of these comments do justify the applicant providing a supplement. Other comments raised may have to be addressed in addition to these. -2- SA SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS SAI ` S S411-td. ENVIRONMENTAL CONSULTANTS & PLANNERS AM ,,,8 PLAIVN ING BOAR MEMORANDUM TO: Southold Planning Board RE: DEIS for "Cliffside" Revised October 1987 DATE: January 14, 1988 SAI has received the above captioned DEIS and the Improvement Plans dated 14 October 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 August 87 (Memo Attached) except for the following areas: 1 . Existing vegetation to remain should be clearly labelled on Sheet 2 of the Improvement Plans. 2. There is no rendering at the driveway to the site showing the proposed development as viewed from the roadway. Consequently we feel that the visual impact of the proposed construction is not adequately addressed in the DEIS. 3 . More detail is 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 02835 (401) 423-0430 4 . 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. 5 . Pages 3-8 and 3-21 of the DEIS mentions that site runoff makes its way down and is lost to the LI Sound. To substantiate the claim, calculations should be submitted regarding the amount of such runoff. Calculations should also be included to indicate the amount of runoff which Cliffside proposes to direct into leaching pools. 6 . Water Supply and Sewage Disposal _ Are the approvals from the Greenport Village Board of Trustees still valid in light of the fact that the Village may not be able to service new proposals with water and sewer hookups. Fire hydrants are proposed to hook into the water mains and this should also be reviewed by the Village. The system may not be able to provide the fire flow rate required by the fire department. 7 . With regard to page 4-1 of the document, consideration should also be made to restricting beach access to those people who will be staying at the hotel . 8 With regard to page 5-2 of the document, there would be an increase of Town services needed to be provided for multiple dwellings which will also impact the Town. 9 . A copy of the water and sewer agreements, if still valid, should be included in the appendix so the terms may be reviewed In summary, we feel that the DIES is deficient in its assessment of visual impact and construction impact. -2- SAI SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS SA I S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS S41 MEMORANDUM TO: Southold Planning Board FROM: David Emilita RE: DEIS Meeting August 3, 1987 , Cliffside Motel DATE: August 13 , 1987 Present at Meeting David Emilita Dick Haefeli Henry Raynor Steve Sammis Doug Herrlin Agreed at Meeting 1. New bluff line set and will show on new submitted plans. 2. 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 3 . Traffic study at Route 48 and Chapel. 4 . Full and equal treatment of alternatives. 5. Rendering at driveway to the site showing "aesthetically pleasing motel. " 6 . Delineate existing vegetation to remain. 7 . Construction staging plans to be submitted. 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 f � Ltd. ENVIRONMENTAL CONSULTANTS & PLANNERS April 4, 1988 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Street Southold, NY 11971 Dear Mr. Orlowski, Szepatowski Associates, Inc. requests additional funds of $1000 .00 for the SEQRA review fee for review of the Tidemark/Cliffside DEIS. The amount budgeted thus far has been expended. Thank you for your cooperation. If you have any questions, please contact me. Sincerely, SZEPATOWSKI ASSOCIATES, INC. , Kai-en Braica Project Administrator KB:mt cc: Melissa Spiro, Planner � � M N WRD 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 RICHARD T. HAEFELI RECEIVED BY ATTORNEY S COUNSELOR AT LAW ARNOLD TOWN PLANNING BOAB� 184 MAIN STREET JUN 2 P.O. BOX 1112 1998 WESTHAMPTON BEACH, NEW YORK 11978 DATE VVVi! - 516-288-5455 June 17 , 1988 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Gentlemen: The addendum to the Environmental Impact Statement was filed with your office on June 10, 1988. While it is still my position, as per my letter of April 20th to the Town Attorney, that the time to request such an addendum expired, the filing of the addendum now completes the Impact Statement, and I would ask that you adopt a resolution to that effect and forward a copy to the Board of Appeals so that the Board of Appeals can place the special exception application on their calendar for a hearing and determination. I would also ask that you place the matter on your calendar for a final consideration of the site plan. As to the questions raised with respect to the water and sewer contracts, I refer you not only to the addendum but to the letter that I sent to the Town Attorney on April 20, 1988, setting forth the fact that both contracts have been paid in full and both contracts have a provision in them that they remain in full force and effect once payment has been made. RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW Since the contracts are still in full force and effect and binding upon the. Village of Greenport, there is no reason to further raise this issue. May I remind this Board that this matter has been pending for in excess of three years, and that the applicant has acceded to every request that this Board has made, including every request for additional time this Board has requested. Accordingly, I believe that the Board should place this matter on its calendar so that a resolution can be acted on. Very truly yours, Richard T. Haefeli RTH:j 1 cc: James A. Schondebare, Esq. i' 4 �o��FFn��oG a T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD D `_ MEMBERS 1CrJ/ GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. O ROBERT J. DOUGLASS JOSEPH H. SAWICKI SOUTHOLDTOWN PUNNING BOARD TO Southold Town Planning Board as Lead Agency FROM: Southold Town Board of Appeals as Involved Agency DATE: July 15, 1988 SUBJECT: 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) : A. 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. B. 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. C. 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. } D. 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 E. Information should be furnished based upon current year (or within the prior year if current year is not avail- able) {instead of 19851 , together with supporting documentation from the agencies contacted (as referenced in the DEIS Addendum) . F. 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 A. 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. B. 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 lk Town Hall, 53095 Maii �.,{''• '. 3''�` P.O. Box 1179 Southold, New York JUDITH T.TERRY 1 TELEPHONE TOWN CLERK' REGISTRAR of VITAL sTnrtsTIcs (SIG)765-1801OFFICE OF THE TOWN CLERK 4 TOWN OF SOUTHOLD i THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY TH SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 28, 1988: Ii f 1 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" i 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. All other work will be performed within the existing right-of-way: i Project 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 direct) into the y pond, contributi► to the..:-.pollution of this popular shelifishing 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. X6�fh T. Terre Southold Town Cler June 30, 1988 P �I NI B D Vic' i y`.r yp Southold, N.Y. •11971 (516) 765-1938 July 13, 1988 Richard Haefeli 130 Ostrander Ave. Riverhead, NY 11901 RE: Cliffside SCTM 41000-45-1-1 Dear Mr. Haefeli: - The following action was taken by the Southold Town Planning Board on Monday, July 11, 1988 . RESOLVED that the Southold Town Planning Board take a 30 day extension on the supplemental DEIS from July 10 to Aug. 9 for this major subdivision. This parcel is on CR 48, Greenport. If you have any questions, please do not hesitate to contact this office. Very truly yours, .diyt/itG • BENNETT ORLOWSKI,JR. CHAIRMAN jt S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS & PLANNERS C /�I tECEIVED ,BY a71/-7 S.OU.IN�1D .T V A .5 NNING BARD MEMORANDUM U L 198 DATE TO: Southold Town Planning Board FROM: Szepatowski Associates, Inc. RE: Cliffside DEIS dated 14 October 1977 and Addendum dated June 1988 DATE: June 29, 1988 We have reviewed above documents, with respect to our memoranda dated 14 January and 7 April 88 and find that the DEIS and the Addendum are satisfactory with respect to scope, content and adequacy for review and that a public comment period commence upon a like finding by your Board. We recommend a public hearing be held in conjunction with the hearing on the site plan itself if possible. As usual the hearing should be scheduled only after all involved agency comment has been received. We will wish to make substantive comment during the public comment period. r 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 I a -, T O` O S_O,U D SLR FO TY Southold, N.Y. 11971 (516) 765-1938 May 3 , 1988 Richard T. Haefeli 184 Main Street P.O. Box 112 Westhampton Beach, NY 11978 RE: Cliffside Associates Tidemark Project SCTM #1000-45-1-1 Dear Mr. Haefeli: Enclosed is a copy of a letter from SAI Environmental Consultants & Planners asking for an additional fee for the SEQRA review. Your prompt attention to this matter is most appriciated. Sincerely, Jill M. Thorp Secretary FFot�4 1 C,X n D v- SL Southold, N.Y. 11971 (516) 765-1938 April 13; 1988 Richard T. Haefeli 184 Main Street P.O. Box 112 Westhampton Beach, NY 11978 RE: Cliffside Associates Tidemark project SCTM 41000-45-1-1 Dear Mr. Haefeli: The following action was taken by the Southold Town Planning Board on Monday, April 11, 1988. RESOLVED that the Southold Town Planning Board request compliance with the report of Dave Emilita , Szepatowski Associates, dated April 7, 1988. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI,Jt CHAIRMAN jt OFF®C/f TO S Lam© Y Southold, N.Y. 11971 (516) 765-1938 June 23 , 1988 H. Daniel Winters Chief of Police Main Road Peconic, NY 11935 Dear Mr. Winters: Enclosed please find the proposed Draft Environmental Impact Statement for Cliffside. Your determination is needed as to whether this document should be deemed complete and acceptable for review and public comment. Please notify this office by July 8th as to your position on whether the Planning Board, as lead agent, should accept this document. If a thirty day extension of time is needed for your determination, . also inform this office by July 8th. You will be notified in writing of the Planning Board' s decision, the acceptance date and the conclusion date of the comment period. r Ve my yo rs, BENNETT ORLOWSKI, JR. CHAIRMAN id g�oc�-o TO 1,0 cry 3 r�. Southold, N.Y. 11971 (516) 765-1938 June 13 , 1988 David Emilita Szepatowski Associates, Inc. 23 Narragansett Avenue Jamestown, Rhode Island 02835 RE: DEIS Gliffside Dear Dave: Enclosed please find the Addendum to Draft Environmental Impact Study for Cliffside, Southold, NY for your review. Please respond in the required time. Ver ly yours, Bennett Orlowski, Jr. Chairman Enc: jt all 14-001 (8J87)-30a = SPEED MEMO NEW YORK STATE DEPARTM )F ENVIRONME CONSERVAT REC CRY AFFAIRSi. q� AEFOR UNOFFICIAL �t L 2- 2 lg% SPONDENCE) ``'` "`"� UTHOLD TOWN TO: /ce 2aJ3 Lc �aar�,c�.` BOARD FROM: ✓. S REPLY REQUIRED BY: SUBJECT: .�E r DATE RETURNED: rwc a� �r�iJ REPLY AT BOTTOM OF THIS FORM p z46XL44, e i90-tfz'le 4 7/4r� �.7t��)resc��� �,/�l> �n fi'/,G�l�t�l�. !r�'cs� /�l�r —�.�u�G Cess►vtgCrJ-es•• c/s�//6c 1 /�,!5,cN�� �.ItJ�dL.�. .L�(ie/'�''L��Gr✓ao��✓GkTD Gu». /y Q��ff���G�nrc� a4eL A -AZZico�CiJ loe 7ic��.(flUel(tLkdGo.t(X�:acel.T�aecc. I�G.IS cC,esrst.cla-�—o �ia..��eil'e�i.�� a.l 7.�C�2 . (A)g- cG, ���t.�is �tcf, ,040"C.� ���6�+,(�Ce.�c �� (00,uo+ Gsk S/-c yGt-TiyVt�euseikss�l'S / G{.ww��} s�i�ts G'�, ✓V��"^�i,/[[[ L� J O(�,r�kt.�i CY�.0 C✓c 1�'�<C VLj r LC Az=/ '. r"t.l l",7,o� eYtCM.o LCCC w[u G[.�O c�-�2 l.S fi i2cst`lf�_/i�M Sd1�.-<<a.cfLe:.n �� C6'1R- a v Sa C t w 7-6/ze+" J/.Zc,oe--,o A"z 4oa r hdo& l. G c Q2 f4 c ' REPLY ?4/ oz �f,�71 ��W /l /1.PiiaJd �Lo�ut�y f � Grp+-L o4y,, �Gi Z-e gm� IV 14-Ml (8187)-30a t pp NEW YORK STATE DEPARTNI D E�IVIRONMEN DNSERVATION �R-OFF SPEED MEMO REGUL.....,.:Y AFFAIRS (USE ONL�. OR UNOFFICIAL CORRESPONDENCE) TO: �1// l ©h �+/S G t , ri h 1(/,�, ATE: FROM: S%�� REPLY REQUIRED BY: SUBJECT: S�C{�� ( dO r ` DATE RETURNED: REPLY AT BOTTOM OF THIS FORM OD- �Ti� �fT �`"L 6�(�l Gam✓{f�if�"L y"�w��� J//✓,2 /2t�Ci1 C r /�r.Q'!wlc_� C SC71 y� �s s z 9 if"V10 Z12 4 f&g E.4.e-Wc-,-wL-.--la,r 1�jZr ru 4" ,� _��&o mac. rzC (1, 5�Y'i c:J G. r,IV REPLY UTLIQLD TO���"J F1���'L�1t�G • . � ='c TOis_OIN SOU D f Y S L --R` Al Southold, N.Y. 11971 (516) 765-1938 . June 23 , 1988 Robert Greene N.Y.S. D.E.C. Building 40, SUNY Room 219 Stony Brook, New York 11794 Dear Mr. Greene: Enclosed please find the proposed supplement to the Draft Environmental Impact Statement for Cliffside. Your determination is needed as to whether this document should be deemed complete and acceptable for review and public comment. Please notify this office by July 8th as to your position on whether the Planning Board, as lead agent, should accept this document. If a thirty day extension of time is needed for your determination, also inform this office by July 8th. You will be notified in writing of the Planning Board' s decision, the acceptance date and the conclusion date of the comment period. VerTT y yours, RLOWSKI, JR. CHAIRMAN id D LX SL 0, Southold, N.Y. 11971' (516) 765-1938 June 23, 1988 Suffolk County Department of Health Services County Center Riverhead, New York 11901 'M Dear Sirs: Enclosed please find the proposed supplement to the Draft Environmental Impact Statement for Cliffside. Your determination is needed as to whether this document should be deemed complete and acceptable for review and public comment. Please notify this office by July 8th as to your position on whether. the Planning Board, as lead agent, should accept this document. If a thirty day extension of time is needed for your determination, also inform this office by July 8th. You will be notified in writing of the Planning Board' s decision, the acceptance date and the conclusion date of the comment period. ZENNETT ly yours, ORLOWSKI, JR. y' CHAIRMAN jd r r Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 5, 1988 r Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside SCTM #1000-45-1-1 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Thursday August 4, 1988. RESOLVED that the Southold Town Planning Board accept the addendum to the Draft Environmental Impact Statement for Cliffside upon receipt of the information requested by the Zoning Board of Appeals, the Suffolk County'Department of Public Works and the Planner. Attached you will find two memoranda specifying the requested information. Please note that the public comment period will not start until the information is received and deemed acceptable by the Planning Board. If you have any questions, please do not hesitate to contact this office. Very truly yours, BEN NETT ORLOWSKI,JR. ` CHAIRMAN enc. jt F Our R Town Hall, 53095 M ain Road P.O. Box 1179 g Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 2.8, 1988 Richard Strang Suffolk County Department of. Traffic and Safety Yaphank Avenue Yaphank, New York 11980 RE: Cliffside - Tidemark SCTM4 1000-45-1-1 Dear Mr. Strang: Enclosed please find the proposed supplement to the Draft Environmental Impact Statement for the Cliffside - Tidemark Motel. The supplement was requested to address the traffic impact of the proposal on the existing road network. The Planning Board feels that the supplement should be reviewed-by your office as this proposal will directly impact on a County road. Please forward your comments to this office by August 11, 1988. If an extension of time is needed, please inform this office by the same date. Please accept our apologies for any inconvenience this may cause. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN enc. cc: A. Barton Cass jd 515 ..yt vq Town Hall, 53095 Main Road F P.O. Box 1179 ��,`�.: s..;r Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 28, 1988 A. Barton Cass Suffolk County Department of Public Works Yaphank Avenue Yaphank, New York 11980 RE: Cliffside - Tidemark SCTM* 1000-45-1-1 Dear Mr. Cass: Enclosed please find the proposed supplement to the Draft Environmental Impact Statement for the Cliffside - Tidemark Motel. The supplement was requested to address the traffic impact of the proposal on the existing road network. The Planning Board feels that the supplement should be reviewed-by your office as this proposal will directly impact on a County road. Please forward your comments to this office by August 11, 1988. If an extension of time is needed, please inform this office by the same date.. Please accept our apologies for any inconvenience this may cause. Ve ruly yours, 0 BENNETT ORLOWSKI, JR. CHAIRMAN enc. cc: Richard Strang jd Ln FRANCIS J. MURPHY �y • TOWN HALL, 53095 MAIN ROAD SUPERVISOR P.O. BOX 1179 TELEPHONE Oy�Ol `��O SOUTHOLD, NEW YORK 11971 (516)765-1800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD TO: Planning Board SOUTHOLD TOWN FROM: Supervisor Murphy PLANNING BOARD DATE: August 9, 1988 RE: Recommendation for amendment to subdivision regulations Application of Tidemark Resort Motel Would you please review the enclosed letters the Town Board received from the Greenport-Southold Chamber of Commerce with regard to the above-captioned matters. Thank you. FJM:rbw encs. J .SWROLD CHAMBER 0 /1 P. O. BOX 66 y O W11 GREENPORT, NEW YORK 11944 G sexue�t� �' #JdeaNd d, peetenedgue eammeadeeed, 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-Southold 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 misinformed about the need for . this project. The Chamber of Commerce 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 Board of Directors cc: Building Department Appeals Board Planning Board Town Planner %tJ90L0 CHAMBER Ot P. O. BOX 66 (/ �@0 GREENPORT, NEW YORK 11944 ��� ANIk G Snpecqqu F Zdwa ldeaud d Peet"ed�ue eammmare;ed 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-Southold Chamber of Commerce would like to recommend an amendment to the Subdivision Regulations of the Town of Southold. Our recommendation is as follows: "After an application is accepted by the Southold Town Planning Board, the sketch plan approval should take no longer than ninety (90) days." The preliminary and final approval have a ninety (90) day time limit on them. The sketch plan approval should have the same time limit on it. There are numerous applications pending before the Southold Town Planning Board which seem to be taking forever. The current sketch plan procedure is very unjust and unfair to the working people and public in general . Very truly yours, Richard C. Wilton, President Greenport-Southold Chamber of Commerce On Behalf of the Board of Directors cc: Planning Board Town Planner Suffolk County Planning Commission —1 14-001 (8/87)-30a �t CE SPEED MEMO NEW YORK STATE DEPARTMENT OF ENV.k ,MENTAL CONSERVAT REGULATORY AFFAIRS �* $E FOR UNOFFICIAL v6Jf. 21 ESPONDENCE) -'/�" d ✓. ` SAttTIIOLD TOWN TO: FROM: ✓. q. s REPLY REQUIRED BY: SUBJECT: b' ° DATE RETURNED: REPLY AT BOTTOM OF THIS FORM /wP�.✓ i /ti c 11,44 vi..! tli�i GTGC+ti . f;!��/�3ctP,c�'�� ���r� �G� � /mil r r�.���G C�►'yP �fi'CtJ�r%'... Zo. nex 6-&— e7`0, �lelz� /� / �.eJ y ��M/1.�aP✓ /SiD �G��� cmS to va' cv►ti.e�a e n +�'s / r�v�s 1,�c�c..,. . J 7 r au((Ge ®',1171 ea (i c�rc.� �C 1 UGC �GeT_�5 P sty! /i/n e d[ CR LC�+��GC I�l� c✓el e c�a1J iJ- /S Ci�di+iY`?o� A..�� Sill�e-c cn�cP c� �d GO►217ac4 jo 1 r �l .metre 0"ao !r��'�. .c�0�i,.o / �7 s�u►�� /�2.�y��cu�o�-yC��.v� ✓.�/.i,r�-�tS a� ✓u.•�c�4 l�C�r'� e ► fa ct7` L t,�d .mot /c. REPLY &;A;&L ci •�•, > tl /lr CQ f�! �lit..-�� 1,� s e � 2 A /7 fit( Ct� &otz IV C 4 Town Hall 53095 Main Road es'��`�`� �� �~• P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Town Board FROM: Planning Board RE: July 25, 1988 correspondence recommending an amendment to the Subdivision Regulations. DATE: August 25, 1988 The Planning Board has received the above mentioned correspondence which recommends an amendment to the Subdivision Regulations stating that sketch plan approval should take no longer then ninety (90) days. The time limits the Planning Board abides by were set forth by the State Law and the Planning Board respectfully requests that the Town Attorney be asked to provide the legal explanation in response to Mr. Wilton'.s letter. If the Chamber of Commerce desires a more expeditious review, the answer is to hire more staff, not to reduce the review process to mere rubberstamping of proposals. cc: Richard C. Wilton / s f' y. FRANCIS J.MURPHY TOWN HALL, 53095 MAIN ROAD SUPERVISOR ®i/�:F P.O. BOX 1179 TELEPHONE ®s! SOUTHOLD, NEW YORK 11971 (516) 765-1800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD [FAUG - si TO: Planning Board SOUTHOLD TOWN FROM: Supervisor Murphy PLANNING BOARD DATE: August 9, 1988 RE: Recommendation for amendment to subdivision regulations Application of Tidemark Resort Motel Would you please review the enclosed letters the Town Board received from the Greenport-Southold Chamber of Commerce with regard to the above-captioned matters. Thank you. FJM:rbw encs. CHAMBERMOULDOF P. O. BOX 66 (I QO� GREENPORT, NEW YORK 11944 OM G� Set" C� .C�au� �Ideaotd Peca""ue (�a s�tuuctee� a� Orient East Marion Greenport Southold Peconic July 25, 1988 +� 7 Southold Town Board Southold Town Hall 53095 Main Road Southold, New York 11971 Dear Board Members : The Board of Directors of the Greenport-Southold 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 misinformed about the need for this project. The Chamber of Commerce 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 Board of Directors cc: Building Department Appeals Board Planning Board Town Planner Four Town Hall, 53095 Main Road P.O. Box 1179 � �- Southold,New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 25 , 1988 Richard C. Wilton Chamber of Commerce P.O. Box 66 Greenport, NY 11944 RE: July 25, 1988 Tidemark Correspondence Dear Mr. Wilton: Below please find a listing of the status of the Tidemark application: The project is currently within the State Environmental Quality Review Act (SEQRA) , which includes a coordinated review with the Zoning Board of Appeals. The Planning Board has agreed to accept the Draft Environmental Impact Statement (DEIS) and the supplement to the DEIS for public review upon receipt of specified information (please see enclosed letter to applicant) . Once this information has been submitted to the Planning Board office the next step will be to hold a public hearing and to make a dtermination whether to require a Final Environmental Impact Statement. When the SEQRA process is finished, the application will be given a hearing date before the ZBA. The Planning Board will proceed with its review after the ZBA renders its decision. - Please note that the files are open for public review for anyone interested in following the case. y truly yours BENNETT ORLWOSKI,JR. CHAIRMAN enc: it - o y� I T Town Hall, 53095 Main Road P.O. Box 1179 0 I Southold, New.York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: All Involved Agencies FROM: Southold Planning .Board RE: . Revised Addendum to the Draft Environmental Impact Study for 'Cliffside - Tidemark. SCTM# 1000-45-1-1 DATE: September 21 1988. Enclosed please find the revised addendum to the DEIS for Cliffside. The Planning Board on August 4, 1988; accepted a first addendum to the DEIS subject to the receipt of additional information that was requested by the Zoning Board of 'Appeals, the Suffolk County Department of Public Works and the Planner. This revised addendum. is in response to those requests. Please forward your comments to this office. by October 14, 1988. If an extension of time is needed for review, please inform this office by the same date. enc. cc: -Suffolk County Department of Traffic and Safety Suffolk County Department of Public Works QYSDEC - Albany r IYSDEC - Stony Brook 1 /S CDHS (' David Emilita, SAI .iZBA l I FORM NO.S RECEIVE® BY SOUTHOLD TO`'i'iN raai dING BOARD TOWN OF SOUTHOLD , `� .EA BUILDING DEPARTMENT__-_ PA IWmil , TOWN CLERK'S OFFICE DATE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . b t . . .. 19 . 7 TO . . . . dt— . . . . . . . . . . . . . . - . . . . . . . . . . . . . . � 1 1n I �, ► � �� PLEASE TAKE NOTICE that your application dated . . . . Y�!1. ` . . .1 . . . . . . . . . . . .. for permit to construct . .. . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property B u. . . . . . . .. . . . . . . . . . . . . . . . . r�� House No. Street Hamlet it County Tax Map No. 1000 Section . . . Q Z. . . . . Block . . . . . ... . . . . . . Lot . . �� . . . . . . . \ Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds .1,��?�-! 7u. .....-^. . . . . . . . )�,wQ K y o_'�c,�, , . . . `0�9 0`{ . . .`! . �. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector 1 I I RV 1/80 \\ i t i BRANCH OFFICES: C Q PARTNERS: Orlando,Florida �O G"•s Russell S.Bodwell Elmhurst,Illinois �(/ Q John J.Price / Somerset,New Jersey Steven L.Samet Mason,Ohio • • Hall Clarke M James Deland MAIN OFFICE: 120 Express Street S'0 V_4 ASSOCIATES: / Plainview,New York 11803 4?01) Paul H.Ulatowski CONSULTING ENGINEERS Robert B.Meredith / William R.Bodwell Brian McMorrow — — Dana J.Parrish Charles R.Beckert HENDERSON AND BODWELL 120 EXPRESS STREET, PLAINVIEW, NEW YORK 11803 516-935-8870 N.Y. FAX: 516-935-8760 N.J. FAX:201-563-1169 OH FAX: 513-398-8611 IL FAX: 312-834-0329 D A � C � �IC� r � September 16 , 1988 LSEP 2 0 1%8 Mr . Bennett Orlowski , Jr. u', SOUTHOLDTO'NII Chairman PLANNING BOARD Southold Town Planning Board 53095 Main Road �. Southold, NY 11971 Re: Cliffside D.E. I.S. Dear Mr . Orlowski: Enclosed are eight ( 8 ) copies of the revised addendum to Draft Environmental Impact Study for the Cliffside Project in the town of Southold. This report now reflects all but two of the concerns raised in the August 4 , 1988 memorandum from Valerie Scopaz and the July 15, 1988 letter from Gerard P. Goehringer , Chairman of the Southold Town Board of Appeals. The additional two items are addressed as follows: In response to Item I. E. of Mr. Goehringer ' s letter ; the county does not have any traffic count data for this location which is more recent than the 1985 information included. This data has been supplemented by an August 1987 traffic count prepared by our office. In response to Item III.B. of Mr . Goehringer ' s letter; the Grading Plan provided in the rear pocket of the addendum indicates existing and proposed site contours along with indications of the present site vegetation and the areas of vegetation which are to be preserved. HENDERSON AND BODWELL Date: September 16 , 1988 Page: 2 of 2 To: Bennett Orlowski, Jr . Re: Cliffside D.E.I.S. ------------------------------------------------------------------ We request that this revised addendum be added to the D.E. I. S. currently in your hands and that the combined document be declared complete under S.E.Q.R. Very truly yours, Steven Samet, P.E. SS:vd Enclosures cc : H. Raynor R. Haefeli J� RICHARD T. HAEFELI l� ATTORNEY & COUNSELOR AT LAW 184 MAIN STREET a P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516-288-5455 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 26tr 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 preparing and filing the Final RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 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 30 days of March 28 , 1988. 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 your 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. Very truly yours , r Richard T. Haefeli RTH:jl l ew York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 (516) 751-7900 MAR 1 5 homas C. Jorling Commissioner 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 - Comments 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. Very truly yours, Joseph B. Hall Environmental Analyst JBH:rw enclosure cc: JBH (SEQR File) C. T. Hamilton Robert Wither F. Panek rv� �"� . r --- O IVO W TQS v TKzg4 Vy)G� IAQ4ymr„ �mo �-oar Fwnot a" ' ,M `F"rr�--F 7m wmvw9 *lxwyv - _ rv�` d w "qc-r r+q fa r a('mum Pprw� W04"-r ,fin aw Fw'O mil_ r fie.. GA 5 A4CtUVA. -. A &L� /z a-L� Wot" ZA .�,A.2�rP.�a. &Oae ,���,wau : z to move Colo- -t e - c. IL;,vtJ A� cQarw�ann to Aea r a/n Lvulx A. a �AA� , o"IYA- e, fma&. 3-q tP� u . CL#a;&,jfi" ,t6-ljly�-AAA�a� folerfuXDL AA4U VA IS. `--�..O�.Q-��ls d�,ee,� rno��.� Ih.�w- r � w►u�a a�.e;�o.Pt�- 04P . ate °``'ta ,to- use �6e�_AM aM aAM UAUa 14 UYIUU,,C�� .A-9-�o tiD aQa. P4i- CcrhU/ ,(f L nc r 5 #" Cam fth _QiLowx-A COY1XlUIlJI maoc ra A01-,.urw pr f� �5-ts L 6 D 4aJn"ge nn4 aMA.,cm-tte" .fie A&Vmf�4 a"-& 1�64, 71w-f&a) zk&4k"m cft," Nnotick MuAe T Cm a#A V 3 b 'k a,- cif- c.�a A,c rn is Q q .inn uro:ftk AAZ-C�t M&A .nuWU� -UCaZ M aWWAdtM W#ICCK wOuu.CY Alt �-9✓i WMCWA. ;Q/W� �- -aRa.tJOA� -�Qlf O�.W`PM � 4Q10U� Cc; 1�• 5.�11,n�.c�i Lk) S VcFD(p�r�, �' s T �O: Y Southold, N.Y. 11971 (516) 765-1938 March 8, 1988 Mr. Henry Raynor P.O. Drawer A Jamesport, NY 11947 RE: Cliffside SCTM ## 1000-45-1-1 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, March 7, 1988. RESOLVED that the Southold Town Planning Board extend the public comment period for a period of 15 days from February 26, to March 12, • 1988, at the request of the N.Y.S Department of Environmental Conservation. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORL��R. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Joseph Hall,NYS DEC SUNY jt ~�F j New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 (516) 751-7900 oboe 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 dark 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, Joseph B. Hall Environmental Analyst JBH:rw cc: SEQR file false 19 T0 ' Q ;SOU D Southold, N.Y. 11971 (516) 765-1938 February 24, 1988 Mr. Henry E. Raynor,Jr. 320 Love Lane Mattituck, NY 11952 RE: Cliffside SCTM #1000-45-1-1 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board, Monday, February 22, 1988. RESOLVED that the Southold Town Planning Board extend the Public comment period to February 26 , 198.8 . This proposal .is for a 74 unit motel on 7 acre off CR 48 in Southold. SCTM # 1000-45-1-1. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI.,JR. (CHAIRMAN, SOUTHOLD TOWN PLANNING BOARD �. Jt U / RICHARD T. HAEFELI ATTORNEY & COUNSELOR AT LAW 184 MAIN STREET \ P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516-288-5455 February 18, 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 : On behalf of Cliffside- Associates-,. I.. hereby agree to an extension of 15 days of the public comment period - relative to the Draft Environmental Impact Statement, which extension should run from February 11, 1988. - I also agree to an equivalent extension of time to make the determination on the final Environmental Impact Statement. Very truly yours, Richard T. Haefeli RTH :j1 FEB ? P �ti `I TO' S D V• V 4K S L �( :r Y Southold, N.Y. 11971 .(516) 765-1938 MEMORANDUM TO: Chief H. Daniel Winters, Police Department FROM: Valerie Scopaz, Town Planner RE: Cliffside Motel W/s County Road 48; E/o Chapel Lane, Southold DATE: February 16, 1988 Enclosed you will find a copy of the proposed site plan for Cliffsidd.. I am presently reviewing the environmental impact statement for this project. , The Section describing potential traffic impacts seems to be lacking. It neglects to address the velocity at which traffic on this road customarily moves. And it does not address the frequency or severity of accidents that occur at or near this intersection. I would appreciate receiving any information or observation you may have about the existing traffic situation in the vicinity of this project. The' deadline. for public comments is February 26th. Thank you for your time. To: Planning Board From: Melissa Spiro Subject: Cliffside/Tidemark DEIS Date: 2/11/88 We received a call from Charles Lockrow of the DEC on 2/10/88 indicating that he had not received the DEIS for Cliffside, and therefore could not comment on it. The comment period is to end on 2/11/88. It appears that it was an error on our part that this was never sent. After speaking to Frank Isler, James Schondebare and Rob Berntsson, it was decided to ask Henry Raynor as agent to agree to a 15 day extension for the comment period and also to extent the 45 days for filing of the final EIS by 15 days. Henry (who left, for a 2 week vacation) did not_have the authority to sign a letter agreeing to the extension and asked that Richard Heafelt, the attorney be contacted. He is also on vacation. I have gone under the assumption of an extended comment period and the DEIS has been express mailed to the DEC, with a note asking them to respond by Feb. 26. I have put - in a call to Heafeli's office asking him to contact us when he returns. I also put in a call to Ronnie Wacker to inform her of the. extended comment period. To: Planning Board From: Melissa Spiro Subject: Cliffside/Tidemark DEIS Date: 2/11/88 We received a call from Charles Lockrow of the DEC on 2/10/88 indicating that he had not received the DEIS for Cliffside, and therefore could not comment on it. The comment period is to end on 2/11/88. It appears that it was an error on our part that this was never sent. After speaking to IFrank Isler, James Schondebare and Rob Berntsson, it was decided to ask Henry Raynor as agent to agree to a 15 day extension for the comment period and also to extent the 45 days for filing of the final EIS by 15 days. Henry (who left for a 2 week vacation) did not have the authority to sign a letter agreeing to the extension and asked that Richard Heafeli, the attorney be contacted. He is also on vacation. I have gone under the assumption of an extended comment period and the DEIS has been express mailed to the DEC, with a note asking them to respond by Feb. 26. I have put in a call to Heafeli's office asking him to contact us when he returns. I also put in a call to Ronnie Wacker to inform her of the extended comment period. P N1 N-1 N f' TO; "O SO H D vy 4 SO Southold, N.Y. 11971 (516) 765-1938 MEMORANDUM TO: Southold Town Planning Board FROM: Valerie Scopaz, Town Planner DATE: February 11, 1988 RE: Draft Environmental Impact Statement for Cliffside, Southold The following observatiormare based on a reading of the Draft Environmental Impact Statement. The DEIS does not address the following items adequately, to wit: 1. Traffic impact of proposed project on existing and projected volume of traffic on County Road 48 and its intersection with Chapel Lane. A. The traffic impact analysis should have been based on 1986 or 1987 field data; not 1981 field data. Traffic volume has increased along with development in recent years, and this increase must be noted. 2. The impact analysis of traffic at this site should also include this existing pattern of traffic at this site; namely the fact that visitors . (or employees, I'm not sure which) to the nursing home park along both sides of C.R. 48 across from the nursing home and adjacent to the subject property. 3. The proposed access point should ,be staked in the field so that an accurate accessment of the potential conflicts that may arise can be made. Note should be made of the sighflin� or vision of the road that a motorist will have at the proposed. access point•.and whether this line of sight will be sufficient given the rate of speed at which most motorists customarily pass this site. 4. The speed at which traffic customarily moves on CR 48 is riot mentioned in the draft. The curve in the CR near subject .si.te is a locally known accident area. Clearly, there should be some discussion-of the current accident rate and of ways to mitigate or.prevent i.t from increasing .after this..•project.,is constructed. DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR CLIFFSIDE, SOUTHOLD PAGE 2 5. The visual impact of this project on the surrounding neighborhood and on the view from the water was not addressed in the DEIS. The proposed first floor elevation of the two-story building...unit closest to CR 48 is 58.5 feet above sea level. The elevation of C.R. 48 is about 51.4 feet at the proposed point of entry; a 7 foot difference. However, neither the site plan nor the impact statement shows the changing elevation of the middle of C.R. 48 along the road frontage of the site. Therefore it is not possible to judge the visual impact. Cross profiles showing the elevation of C.R. . 48 relative to the existing and proposed elevation of the site should have been submitted with the DEIS. A cross profile showing the relationship of this project to the bluffs and the neighboring development should also be prepared, particularly since two of the units are only 20' from the property line. 6. The density of this proposal is predicated upon the obtaining of public water and the obtaining of access to sewage treatment from the Greenport Village Utility Company. The Village has had a moratorium ou—sewer hookups; and does not appear to have the capability of extending public water at this time. The capability of the Greenport Utility System to handle this project within the near future should be addressed by the applicant. Perhaps one of the alternative plans should address the possibility of not being able to obtain either water or sewage or both. 7. The statement made in the "Mitigating Measures" section on page 4-4 that "Since the existing vegetation will be preserved around the perimeter of the site, much of the dust generated during construction will-be contained within the site's boundaries." is contradicted by the grading plan. This plan shows extensive regrading of the site up to the easterly and westerly property lines. .In summary, the proposal would result in a very intense use of "a site that is bordered by fairly intense multiple residence type-uses to the east (Sunset Motel) , south (San Simeon Nursing Home) , and.ultimately,, to the west (Pebble Beach Complex and Soundview Motel and Restaurant) . Two issues stand out; the capability of the Greenport Utility Company to handle the projected density and the feasibility of handling the. traffic. With regard to the first issue; the fact that other projects which have already received Planning Board approvals have been put on hold indefinitely due to the inability of. the Utility Company to .adequately service them with either water or sewage or. both should not be ignored by either the applicant or the Planning Board. I � C DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR CLIFFSIDE, SOUTHOLD PAGE 3 The second issue needs to be examined in more detail than the data in the DEIS permits. The realignment of C.R. 48 may have to be considered; or perhaps the installation of traffic signals will be necessary. Turning lanes as part of a partial road widening may need to be considered also. However, there is insufficient data in the DEIS with which to answer these questions. The final EIS should rectify this omission. V. Scopaz y a'"e I NORTH FORK ENVIRONMENTAL COUNCIL, INC. iI —N Box 311, Southold, New York II171 G Main Road, Mattituck, New York 11952 Bebruary 11, 1988 Bennett Orlowski and members Southold Town Planning Board Town Hall Southold, BY 11971 Gentlemen: This is to question a notably bad feature of the proposed Tidewater/Cliffside Aotel development on County Road 48 near Chapel lane. The environmental impact statement submitted for this project estimated a 4io Yearly increase in the number of czrs from 1981 through 1985, when the statement was drawn up. Their basis was a 1981 study made near there by the Suffolk County Dept. of Public Works, which included .the last Monday and Tuesday of August that year. Yet an updated study by the SCDPW made on corresponding days in 1985 -- Monday and Tuesday at the end of August -- at a site only 2 miles west on the same road shows a cumulative increase of 51;0' -- more than twice what the developers estimate. Copies of the SOD-Pd's two studies are attached, with comparable hours of traffic bearing a light pencil checkmark. The attached yellow worksheet gives our actual arithmetic, and the attached yellow graph shows how these figures would project into the present. Instead of some 5000',: cars a day traversing Rt 48, by 1990 a projected 7750 would be using it. You must be aware that the proposed motel site is on or near one of tie worst curves on the North Fork, that San Simeon Nursing Home is directly across the road, and that the Sunset Motel is t;'4) . the east and Chapel lane to the south. The line of sight is limited for at least a dangerous quarter-mile stretch in that spot, and the increase in traffic that would be created by this motel development is going to be a hazard we believe you should consider very carefully before approving their plan. S�ncLwely, l Vir�inia Benne t Moore, director fljVED BY for Ronnie Wacker, - president v� .;i;�J Iry�r. ►�,:.,.:,,, _,,:, ..�14 - Li;fE 1 D I { I � .. I _) f { j f+L���G l t!1 .� L itc f E-do I + I i ( ; i � j j i � I � j I j ! I I � � -�1 _r_�t�lr-f w� �r fit,,.. ��-{•�c�S¢= I i l j I Alvin ! ! f l Ste. � ..._ ----.—_ __._-___.. ._._-_-- -----• I I ! i I � i } i i 1. t .'_ I. .i.. ! r ... �., p�Uf_i,f[:�'.�. :� ���:� t,�;;�.,1�.. _, �•I� , ' } � I ' ! { ( ± i f ; r;�r' j '.J ?'tt'it ?'• r,f,••oi•{:�'.F•; �c"d' a�t�R> t ' I .. � � ram' .--•��• ' �. _� _' � I i ! t ' � ' .' � I I i f ef, Nt �AE j 117 ------------ ............ t k. J'o b N o . _ I Counter No. Town 5o c/7j c:. 0 TRAFFIC VOLUME COUNT Hamlet r ,pr i P-. K7 Location : on C R 4 9 �y/`S �� �� / 000 ft. N W of AG. $ER7"sc-� Al 4,4 Controlling traffic : N (D 'S W bound Set by PS/_-�S-61- Time 2- : S' Day Removed by PS/.�S_Sz- Time /Z 'SS Day Day Mon. Tues . Wed. Thur. Fri . Sat . Sun . A 2 •— Total W Date 3 I 2- J L� DT A . 12-1 / 4 ✓ ZS / 9 17 75" .9 1 -2 48 12- 2-3 2- S- Z 7 7 3-4 4i4 17 4-5 Zg 7 5-6 S / / 5 l3 6-7 3 O 78 6S - 77 7-8 /43 : /3 174 -713 74- 3, (1= 8-9 lS5"} 1 6 IS-3-10 10-11 /S7, 96 B 8 Z 1 4. 40 l � 11 -12 / 9 2- 223 7-o6 247 8( 11� 2/ 7 P .M. 12-1 7, /4 2-/4 9 261�1 1 -2 Z o q 2Z6 2- 3 .2- 66 7 4 ?Z 2-3 253 223` 7- 6'1 74J Z / 3-4 Z/ jj11� / B 7 / 92- 2-44 �� ', z 0 -9 4-5 2-4 6- Z :3 ? Z4'1 G 7-50 __ 5-6 _2-U4,--' 104 2- 1 2-4 0- ZI 7 -8 / 0 3 9 / 37 176 55 i 39 8-9 7 S 9v 2- 7 37 / -93 9-10 57 5B 99 08 2... 8/ 10-11 S.. . 5 11 -12 49 2 ' zoo 5Z Total e- 2.7G7.— 3oZ9 32-49: i/ 77 of total day avg . factcr AADT _ 5 � C2 � � -- . 30 ` � /G Job No. -I e �� Counter No. Town TRAFFIC VOLUME COUNT Hamlet Location : on cR 4E3 /IGFd .. 9 /c ,10 f t. N E S W o f f�/B��?T�o�/ L,A• Controlling traffic : N E S W bound Set by ps/-)s-6z Time z: o 0 Day e-- 73/- 8/ Removed by -)S-(iL/PS Time i2 :so Day 9- 4 - 61 Day Mon. Tues-. Wed. Thur. Fri . Sat. Sun . A Total W Date / Z 3 DT A . 1 -2 '' %/ / o 2-3 3-4 4 2 4 / 3 - 4-5 5-6 2-3 " 7- 1 Zlo S" 6-.7 2 s3 27 7 6 2 7-8 S°'` /s4 / 34 /•2_0 14.0 9-10 1" 146 157 150 �"9 / l 10-11 160 / 6 163 / g; 72.0 l 8 0 111 -12 /. 73 / 76 194 1 / 96 73 ! 183 .P . M. 12-1 / 8 8 173 l g 4 _3 5 / .S` 1 -2 26 9 2_ 2_CI la� 7— ?l 4 2-3 2--2- 7z. 99 2- 72 z��6 3-4 7 Z 3,3 2- Z 70 /0 3 1 7-59 4-5 Z_SZ: 2- 2- 1 Z43- Z 6% 977 _2`14 5-6 Z.s4= Z43 3 . 2- 7- 1 _ 9�u� 2,10 6-7 33 zo l a 3S" �af� l`fU 7-8 1 1 Z 0 130 / Z 0 1703 2C� 8-9 / 0 z / 0 6 104 ? /v cy. 10-11 57� -s3 60 .. 'G3._ L'3 58 11 -12 33 '' _sS 40 51 . / 7 4.5 Tu+.al 1507 Z7 /S" . 2-998 2-917 :9�� /v`�� ��Bel w of total 7 day avg . for AAD.T SUFFOLK COUNTY DEPT�u., PUBLIC WORKS SITE NO.: 49 -vj FILE: 048-09 1 HOUR, 2 CHANNEL VEHICLE COUNT CRQ 600FW YOUNGS AV. CL CORRECTION FACTOR: 1.00 WEEK OF MONDAY AUSUIST 26, 1985 -------------------------------------------------------------------------------------------------------------------------------- HOUR MONDAY 26 TUESDAY 27 WEDNESDAY 28 THURSDAY 29 FRIDAY 23 SATURDAY 24 . SUNDAY 25 WEEHDAY AVERAGE BEGINS E W E W E W E W E W E W E W E b W.13 ---------------------------------------------------------7-------------------------------------------------------------------------- 12AM+ 19 19 20f 12 69 64 68 65 20 16 1 11 8 6✓ 6 ✓ + + + + + t 32 23 36 47 9 7 2 6 15 10✓ 5✓ * t + + + * 28 16 19 34 8 10 3 8 3 6✓ 6✓ t t t t t + 15 10 15 15 7 5 4 6 14 4✓" 7;�/ + + + * + + 13 13 14 10 5 11 5 46 45 32 33✓ + t + t t t 62 25 30 16 39 39 6 104 111 113" 98 i + + t + +. + 127 54 86 34 109 105 7 249 224 295E, 223, * t * + t * 201 124 97 70 272 224 B 261 248 294'Y 238`' t t + + + * 299 199 157 11! 278 243 9 271 286 257L 235✓ + * + + + t 389 269 !68 196 254 261 10 283 310 t + t t + + 466 2EB 210 264 283 310 11 308 308 + t t t f f + t 493 310 218 354 308 308 12PM ; :1 302 265 + + + + + * 411 266 500 338 277 371 357 276 1 317 300 t + + + + + 369 329 482 355 227 406 343 315 2 319 319 * t t t +. t 372 353 424 361 291 37B 346 336 3 300` 320 + t t + * t 388 330 364 402 219 378 344 325 4 317-" 378✓ t + +. + * * 463 403 320 389 235 332 390 391 5 320-' 329" t + + t * + 389 330 324 378 175 359 355 330 6 230• 209, + + t + + + 295 280 245 334 1c6 278 263 245 7 159% 189• + * + t + t 291 204 229 258 136 236 225 197 8 112. 153- t t * t + + 306 161 181 246 122 191 209 157 9 84" 125-- + + + * * + 247 175 140 152 73 213 166 150 10 71•• 64'• + * + + + + 191 139 151 163 64 55 131 102 !1 47 47- + t * t * + 155 72 93 133 34 61 101 60 ---------------------------------------------------------------------------------------------------------------------------------- TOTALS 4150 42B9 1037 863 0 0 0 0 3877 3062 5647 4904 3097 4504 4832 4423 + 7- -3-1 � 7- ` - .J d!.l l /1.A i..;-' 1..1 COMBINED TOTALS "� ' . `r 7 = ��C�I = z i I;-_ '3 P!r ,.. : .. ----------------------------------------- -------------------------------------------------------------- 12 38 32 * + * 133 !33 36 1 19 12 + * + 55 83 16 2 21 15 + + * 44 53 18 3 11 12 + + + c5 39 12 4 c0 11 + t + 26 24 16 5 91 65 + + * 87 46 79 6 2.5 E11 + + 1B1 !20 214 7 473 518 + s 325 157 496 6 509 532 * t t 498 269 521 9 557 492 + + t 658 354 525 10 593 * t * * 754 474 593 it 616 + + + + 803 572 616 12 567 t t + 697 838 648 633 1 617 + + * 698 837 633 658 2 638 t + t 725 7B5 669 682 3 E20 * * t 718 766 597 E69 4 695 + + + 866 709 567 781 5 649 t t 719 712 534 685 6 433 + * + 575 579 404 508 7 348 * +• + 495 487 372 422 8 265 + + + 467 427 32 3E6 9 209 + t + 422 292 .286 3!6 10 135 * * + 330 314 159 213 11 94 + + * 227 226 95 161 TOTALS 8439 1900- 0 0 6939 1(1551 7601 9255 ,UF r QLY.� P C l_� -4 To� � Q sou n SL' O Y Southold, N.Y. 11971 (516) 765-1938 February 11, 1988 Enviormental Analysis Unit Dec, Building 40, Room 219 State University of New York Stony Brook, New York 11794 RE: Cliffside Motel Project- D.E.I.S. Dear Sirs: Enclosed you will find a draft environmental Impact statement for the Cliffside Motel project, which inadvertantly was not forwarded to you as required under the Lead Agency coordination requirements of the State Environmental Quality Review Act. The public comment period was originally slated to end this February 11, 1988. However, in light of the fact that the document was never forwarded to your office, we are requesting the applicant to agree to extend the public comment period for 15 days. We would most appreciate receiving your comments by February 26, 1988. Please accept our'apologies for any inconveniencethis may cause. Very truly yours, dl�fU.c.c. �' Valerie Scopaz Town Planner For Bennett Orlowski,Jr. Chairman J.T. enc. , , P ti -K ]UNIT"]UNIT"M D T OW Q.F SO�u' D NO SL 0 Y Southold, N.Y. 11971 (516) 765-1938 February 11, 1988 Charles Lockrow N.Y.S. Dept. of Envirnmental Conservation Division of Regulatory Affairs,Room 514 50 Wolf Road Albany, New York 112233 - Re: Cliffside Motel Project— D.E.I.S. Dear Mr. Lockrow: Enclosed you will find a draft environmental impact statement for the Cliffside Motel project, which inadvertantly was not forwarded to you as required under the Lead Agency coordination requirements of the State Environmental Quality review Act. The public comment period was originally slated to end this February 11, 1"988. However, in light of the fact that the document was never forwarded to your office, we are requesting the applicant to agree to extend the public comment period for 15 days. We would most appreciate receiving your comments by February 26, 1988. Please accept our apologies for any inconvenience this may cause. Very truly yours,.. Valerie Sco az Town Planner For Bennett Orlowski,Jr. ,Chairman I J.T. - enc. , 1 �FFDC� P TO D SL 1 Ak Southold, N.Y. 11971 (516) 765-1938 MEMORANDUM TO: Southold Town Planning Board FROM: Valerie Scopaz, Town Planner DATE: February 11, 1988 RE: Draft Environmental Impact Statement for Cliffside, Southold The following observations are based on a reading of the Draft Environmental Impact Statement. The DEIS does not address the following items adequately, to wit: 1. Traffic impact of proposed project on existing and projected volume of traffic on County Road 48 and its intersection with Chapel Lane. A. The traffic impact analysis should have been based on 1986 or 1987 field data; not 1981 field data. Traffic volume has increased along with development in recent years, and this increase must be noted. 2. The .impact analysis of traffic at this site should also include this existing pattern of traffic at this site; namely the fact that visitors (or employees, I'm not sure which) to the nursing home park along both sides of C.R. 48 across from the nursing home and adjacent to the subject property. 3. The proposed access point should be staked in the field so that an accurate accessment of the potential conflicts that may arise can be made. Note should be made of the sightline, or vision of the road that a motorist will have at the proposed access point and whether this line of sight will be sufficient given the rate of speed at which most motorists customarily pass this site. 4. The speed at which traffic customarily moves on CR 48 is not mentioned in the draft. The curve in the CR near subject site is a locally known accident area. Clearly, there should be some discussion of the current accident rate and of ways to mitigate or prevent it from increasing after this project is constructed. DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR CLIFFSIDE, SOUTHOLD PAGE 2 5. The visual impact of this project on the surrounding neighborhood and on the view from the water was not addressed in the DEIS. The proposed first floor elevation of the two-story.building unit closest to CR 48 is 58.5 feet above sea level. The elevation of C.R. 48 is about 51.4 feet at the proposed point of entry; a 7 foot difference. However, neither the site plan nor the impact statement shows the changing elevation of the middle of C.R. 48 along the road frontage of the site. Therefore it is not possible to judge the visual impact. Cross profiles showing the elevation of C.R. . 48 relative to the existing and proposed elevation of the site should have been submitted with the DEIS. A cross profile showing the relationship of this project to the bluffs and the neighboring development should also be prepared, particularly since two of the units are only 20' from the property line. 6. The density of this proposal is predicated upon the obtaining of public water and the obtaining of access to sewage treatment from the Greenport Village Utility Company. The Village has had a moratorium on sewer hookups; and does not appear to have the capability of extending public water at this time. The capability of the Greenport Utility System to handle this project within the near future should be addressed by the applicant. Perhaps one of thei:al:ternative plans should address the possibility of not being able to obtain either water or sewage or both. 7. The statement made in the. "Mitigating Measures" section on page 4-4 that "Since the existing vegetation will be preserved around the perimeter of the site; much of the dust generated during construction will be contairied':within the site's boundaries." is contradicted by the grading plan. This plan shows extensive regrading of the site up to the easterly and westerly property lines. In summary, the proposal would result in a very intense use of a site that is bordered by fairly intense multiple residence type uses to the east (Sunset Motel) , south (San Simeon Nursing Home) , and.ultimately., to the west (Pebble Beach Complex and Soundview Motel and Restaurant) . Two issues stand out; the capability of the Greenport Utility Company to handle the projected density and the feasibility of handling the traffic. With regard to the first issue; the fact that other projects which have already received Planning Board approvals have been put on hold indefinitely due to the inability of the Utility Company to adequately service them with either water or sewage or,both should not be ignored by either the applicant or the Planning Board. DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR CLIFFSIDE, SOUTHOLD PAGE 3 The second issue needs to be examined in more detail than the data in the DEIS permits. The realignment of C.R. 48 may have to be considered; or perhaps the installation of traffic signals will be necessary. Turning lanes as part of a partial road widening may need to be considered also. However, there is insufficient data in the DEIS" with which to answer these questions. The final EIS should rectify this omission. V. Scopaz vFFOC,�� r _ � TO, D Ln .., SL O Southold, N.Y. 11971 (516) 765-1938 MEMORANDUM TO: Southold Town Planning Board FROM: Valerie Scopaz, Town Planner DATE: February 11, 1988 RE: Draft Environmental Impact Statement for Cliffside, Southold The following observation are based on a reading of the Draft Environmental Impact Statement. The DEIS does not address the following items adequately, to wit: 1. Traffic impact of proposed project on existing and projected volume of traffic on County Road 48 and its intersection with Chapel Lane. A. The traffic impact analysis should have been based on 1986 or 1987 field data; not 1981 field data. Traffic volume has increased along with development in recent years, and this increase must be noted. 2. The impact analysis of traffic at this site should also include this existing pattern of traffic at this site; namely the fact that visitors (or employees, I'm not sure which) to the nursing home park along both. sides of C.R. 48 across from the nursing home and adjacent to the subject property. 3. The proposed access point should be staked in the field so that an accurate accessment of the potential conflicts that may arise can be made. Note should be made of the sightline or vision of the - road that a motorist will have at the proposed access point and whether this line of ;sight will be sufficient given the rate of speed at .which most motorists customarily pass this site. 4. The speed at which traffic customarily moves on CR 48 is not mentioned in the draft. The curve in the CR near subject site. is a locally known accident area. Clearly, there should be some discussion of the current accident rate and of ways to mitigate or. .prevent it from increasing after this project is constructed. J DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR CLIFFSIDE, SOUTHOLD PAGE 2 5. The visual impact of this project on the surrounding neighborhood and on the view from the water was not addressed in the DEIS. The proposed first floor elevation of the two-story.building unit closest to ,CR 48 is 58.5 feet above sea level. The elevation of C.R. 48 is about 51.4 feet at the proposed point of entry; a 7 foot difference. However, neither the site plan nor the impact statement shows the changing elevation of the middle of C.R. 48 along the road frontage of the site. Therefore it is not possible to judge the visual impact. Cross profiles showing the elevation of C.R. . 48 relative to the existing and proposed elevation of the site should have been submitted with the DEIS. A cross profile showing the relationship of this " roject to the bluffs and the neighboring development should also be prepared, particularly since two of the units are only 20' from the property line. 6. The density of this proposal is predicated upon the obtaining of public water and the obtaining of access to sewage treatment from the Greenport Village Utility Company. The Village has had a moratorium on sewer hookups; and does not appear to have the capability of extending public water at this time. The capability of the Greenport Utility System to handle this project within the near future should be addressed by the applicant. Perhaps one of the :alternative plans should address the possibility of not being able to obtain either water or sewage or both. 7. The statement made in the. "Mitigating Measures" section on page 4.-4 that "Since the existing vegetation will be preserved around the perimeter of the site, much of the dust generated_during construction will be contained within the site's boundaries." is contradicted by the grading plan. This plan shows extensive regrading of the site up to the easterly and westerly property lines. .In summary, the proposal would result in a very intense use of a site that is bordered by fairly intense multiple residence type.,-uses to the east (Sunset Motel) , south (San Simeon Nursing Home) , and ultimately to the west (Pebble Beach Complex and Soundview Motel and Restaurant) . Two issues stand out; the capability of the Greenport Utility Company to handle the projected density and the feasibility of handling the traffic. With regard to the first issue; the fact that other projects which have already received Planning Board approvals have been put on hold .indefinitely due to the inability of the Utility Company to adequately. service them with either water or sewage or both should not be--ignored by either the applicant or the Planning Board. DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR CLIFFSIDE, SOUTHOLD PAGE 3 The second issue needs to be examined in more detail than the data in the DEIS permits. The realignment of C.R. 48 may have to be considered; or perhaps the installation of traffic signals will be necessary. Turning lanes as part of a partial road widening may need to be considered also. However, there is insufficient data in the DEIS with which to answer these questions. The final EIS should rectify this omission. V. Scopaz l� �I !I; REGENED BY FER- -1-R 8 _SATE 74 2/ Ao I, �l - - i1 II - i S—A 'Ile /7117 e�e -d^le- - - ---------- 66 71 el ell/ II j --,- -- -- - - - I! - - I I� I� I 'l i�as 0 - 04 I - L I; I� I 5 III I 1 I II' -- I Ili I� �I PON I NORTH FORK ENVIRONMENTAL COUNCIL, INC. v Box 311, Soufhold, New York 11971 G Main Road, Mattituck, New York 11952 Debruary 11, 1988 Bennett Orlowski and members Southold Town Planning Board Town Hall aouthold, NY 11971 Gentlemen: This is to question a notably bad feature of the proposed Tidewater/Cliffside Motel development on County Road 48 near Chapel lane. The environmental impact statement submitted for this project estimated a 4% yearly increase in the number of cars from 1981 through 1985, when the statement was drawn up. Their basis was a 1981 study made near there by the Suffolk County Dept. of Public Works, which included the last Monday and Tuesday of August that' year. Yet an updated study by the S CDPW made on corresponding days in 1985 —Monday and Tuesday at tha end of August -- at a site only 2 miles west on the same road shows a cumulative increase of 51i6'-- more than twice what the developers estimate. Copies of the SCD1W1s two studies are attached, with comparable hours of trafficbearing a light pencil checkmark. The attached yellow worksheet gives our actual arithmetic, and the attached yellow graph shows how these figures would project into the present. Instead of some 5000rcars a day traversing Rt 48, by 1990 a projected 7750 would be using it. You must be aware that the proposed motel site is on or near one of the worst curves on the North Fork, that San Simeon Nursing Home is directly across the road, and that the Sunset Motel is tov the east and Chapel Lane to the south. The line of sight is iimited for at least a dangerous quarter-mile stretch in that spot, and the increase in traffic that would be created by this motel development is going to be a hazard we believe you should consider very carefully before approving their plan. /S)acrrely, Vir inia Benne t 0-'Oreq director RECEIVED BY for Ronnie Wacker, SUU1HULD HVilN' PD111IN"I''ll'a BOARD president EEB 1 1 1 9-883 DATE 19�� r98�, �� s�8 ► tS� l �`� 9,Q �989 ►�90 G/J�d� ///i1.ds �, t�' 'Lf.i.�.�+�,/L���. ���1P �� /�`�� -�� l/"�Ti�..�`�,'�✓et-r .vv'�/ �iCF""l� ------- -- - lf - - ---- --- sz---------�3=�--7- --- - �� ----- ---- ---- -- - -- ------------ .------� -- ----�����,�--fir----------�5¢--•--__--_�.�-�----__�-.z�- ---------_--_-------- ---- 6 3,.3 z 30 117 ------------------ -- - — --------------- btu:t J; ,�� r� �.c e��l rue t - - - — ----- — -- 47 ---- --------------- -- 74 7 z 3,5 ------------ ------- 01 -------------- ---- -- 3,0 _ J'ob No . Counter No. Town So vita oe.7 TRAFFIC VOLUME COUNT Hamlet „t? fraP���?rt Location : on G R 49 ,+►��s e-73 / e7JO ft. N S W of 7'soA/ 4,4 . Controlling traffic : N (D 'S W bound Set by PS -�.5-62— Time Z : 1 Day f3 / r E3 Removed by PS' .3S-6z- Time /2. 'SS- Day 3 -4 - $ / Day Mon . Tues . Wed. Thur. Fri . Sat. Sun . A 2 — Total W Date DT 4 2- / 9 76 .9 1 -2 48 1 2-- 2-3 2- Sp 27 3-4 4 17 4-5 /O✓ (0 ZS) •7 5-6 Z_ / Z. / 53 J3 6-7 3 ✓ O 78 63- 30K 77 7-8 /43 /3 174 21-3 79 '2 �c 8-9 /S.5a/ 6 /.S3 179 . 9-10 / 391 L( 4 / 64 / 91 10-11 /SZ- 86 $ S Z / 4 ¢D l 8S 11 -12 / 9 2 2-Z3 Zo(o 2-47 1 1869 Z/ 7 P .M. 12-1 7, /4 Z/4 h/ ZD� 1-2 2- 09 276 2- 32- 667 227- 2-3 253 2Z3 7- 64 740 2-4-7 3-4 7- ✓ l 8 7 19� 2-44 83% 2- OS) 4-5 2-4 i 2132 24 / 2 76 /000 Z 50 11_ 5-6 2-04(' Zoo Z / Z4 7 Z/ 7 6-7 134 7-8 9 / 3 7 / 76 8-9 '7 3' 90 Z7 37 / 93 4-- 9-10 .5'7V �'S 99 08 32- 2-. 8/ 10-11 ��✓ .5'w 6 / 7, 3 I l 78 11 -12 49✓ 49 4-5� Zoe 52- Total S Z7G7 3o79 3Z 9 // 7 1l 373 30l6 % of total ��GG,�jCPS'1lA COtkePdO rOre�fOWf 1' •:?2. �9�o-gamT day avg . factor AADT L / \ 7310 J _ Job No. Counter No. 3t= Town S'ov9�IoL� TRAFFIC VOLUME COUNT Hamlet (;F'f r •�uoP.�' "es wk-79 Location : on Gil 4$ l/1�)L.c` f?d. /c)'I o f t. N E S o f Al eeRTS'o A/ G,A. Controlling traffic : N E 'S bound Set by ps/_)s-6z Time z: o Q DAy Q - 3/- 8/ Removed by _)S-6t/pS Time iz :so Day 9- 4 - 61 Day Mon. Tues . Wed. Thur. Fri . Sat. Sun . A Total W Date D 2- 3 T / A .M . 12-1 ✓ 2-4 Zz s / _9 1-2 67 0 36 / 0 2-3 S+✓ / D 5 2- 9 7 3-4 y ✓ 4 2 / z 3 4-5 L l S 5-6 Z3 ✓ 7-1 2-6 -5 8 S Z/ 6-7 '� to Z 53 Z4 7 6 2 7-8 /5-4 734 L2-a .561 /40 a-9 I 49v / 80 / 80 /5S 66 /66 9-10 Z 30 ✓ /46 5- /50 S9 / 1461 10-11 0 / 13 / 83 / 95� 72•0 / 8 0 it l -12 173 / 7 8 19 / Sh 7 3 1 183 P . M. 12-1 186 . 173 / 94 355 / S 1 -2 2- 2- 8 'LO& I-CIB 64Z_ Zi4 2-3 zzs 7z 99 228 b 2 1 Zo o 3-4 -.L76 Z 33 ZS Z7d /0 3 7.5.9 4-5 Z.SZ 2- z / 243 2 6/ 977 2,11- 5-6 2- 2.g3 3 " Z 7- _ 361 240 6-1 7 33 Z o / 0 3-6 55"v 140 7-8 1 / z 0 503 2-6 8-9 1 o 2- 1 1 olo 104 432- /08 9-10 7 7 4� '7 z. 2 )2 7� . 10-11 . 576./ s3 BOO G3 2-33 SS 11 -12 33 _SS 40 51 17 , 4�" Tu+al /5-07 2-7 /5' Z898 2-917 1 9za /0365 2-842 M of total -� -for ? L_ _ �C �gncW��^• '��' - 7 day avg . X factor AADT Weather v SUFFOLK COUNTY DEPT. PUBLIC WORKS SITE NO.: 4E...- FILE: 048-09 1 HOUR, 2 CHANNEL VEHICLE COUNT CR4B 600FW YOUNGS AV, CL CORRECTION FACTOR: 1.00 WEEK OF MONDAY AUGUST 26, 1985 --------------------------------------------------------------------------------------------------------------------------------- HOUR MONDAY 26 TUESDAY 27 WEDNESDAY 28 THURSDAY 29 FRIDAY 23 SATURDAY 24 SUNDRY 25 WEEKDAY AVERAGE BEGINS E W E W E W E W E W E W E W E 8 W B --------------------------------------------------------------------------------------------------------------------------------- 12AM 19 19 20% 12 1/- +. + + + + + 69 64 68 65 20 16 1 11 8 6 v-' 6 r/ + + + + + 32 23 36 47 9 7 2 6 15 10✓ 5 + + + + + + 28 16 19 34 8 10 3 8 3 6✓ 6 ✓ + + + + + + 15 10 15 15 7 5 4 6 14 4t✓ 7✓ + + + + + + 13 13 14 10 5 11 5 46 45 32 33 + + + + + + 62 25 30 16 39 39 6 104 111 113--' 98✓ + + + + +• + 127 54 86 34 109 105 7 249 224 295e/223V + + + + + + 201 124 97 70 272 224 8 261 248 294V/23B" # + + + + + 299 199 157 111 27B 243 9 271 286 25714"235✓ + + + + + + 389 269 168 186 264 261 10 283 310 + + + + + + + + 466 28B 210 264 283 310 11 308 308 + + + + + + + + 493 310 218 354 308 308 12PM1wo 302 265 + + + + + + 41l 266 500 338 277 371 357 276 1 317 300 + + + + + + 369 329 482 355 227 406 343 315 2 319 319 + * + + + + 372 353 424 361 291 378 346 336 3 30O V 320'-" + + + + + + 388 330 364 402 219 378 344 325 4 317-'/378'--/ + + +. + + + 463 403 320 389 235 332 390 391 5 320"'329✓ + + + + + + 389 3330 324 378 175 359 355 330 6 230 y 209"/ + + + + + + 295 280 245 334 126 276 263 245 7 15911'�189 + + + + + + 291 204 229 258 13G 236 225 197 8 112--�153v + + + + + + 306 161 181 246 122 191 209 157 9 84`''1251/ + + + + + + 247 175 140 152 73 213 166 150 10 711,�-" 64i°° + + + + + + 191 139 151 163 64 95 131 102 11 47►f' 47v"" + + + + + + 155 72 93 133 34 61 101 60 -------------------------------------------------------------------------------------------------------------------------- TOTALS 4150 4289 1037 863 0 0 0 0 3877 3062 5647 4904 3097 4504 4832 4423 3%-13 7 - 3-4cC'� COMBINED TOTALS 1 -� v. �7 = 3A0I - 3Ar > T•l�1.> �, L:, ----------------------------------------------------------------------------------------------------------------------------------- 12 38 32 + + + 133 133 36 1 19 12 + + + 55 8- 16 2 21 15 + + + 44 53 16 3 11 12 + + + 25 30 12 4 20 11 * + + 26 24 16 5 91 65 + + + 87 45 78 6 215 Ell + + + 181 120 214 7 473 518 + s + - 167 496 6 509 -532 + + + 498 268 521 9 557 492 + + + 658 354 525 10 593 + + + + 754 474 593 If 616 + + + + 803 572 616 12 567 + + + 697 838 648 633 1 617 + + + 698 837 633 658 2 638 + + + 725 785 669 682 3 620 + + + 718 766 597 669 4 695 + + + 866 709 567 781 5 649 + + + 719 702 534 685 6 439 + + + 575 579 404 508 7 348 + + + 495 487 372 422 8 265 + + + 467 427 313 36G 9 209 + + + 422 292 266 316 10 135 + + + 330 314 159 233 11 94 + + + 227 226 95 161 TOTALS 8439 1900 0 0 6939 10551 7601 9255 ✓: bt�ec� lL+ CA�a�r,�cn:�r�yd'cw�d^„ 1`f�'iE T�'�` �o�uFFO��oG Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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 PZECEIVED BY JOSEPH H. SAWICKI 77��(Rt T( •; •,y p;.,{ SI(rf r,?t So�II�U� Il;tieil �Lliitisli�Q �Gn.. TO: Southold Town Planning Board --FEB 19 1 DATE FROM: Board of Appeals DATE : February 11 , 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 egress proposed at this sight is "commercial , " that being defined as any driveway other than those serv..ing 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 obstru.cti_ons for space-time-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 exi,_ting at the premises from the westerly egress , restricting entrances onto the site at the east end , etc . Page 2 February 11 , 1988 Re : Cliffsi,de Associates SEQRA Review The overall purpose of the SEQRA review is not only for environ- mental studies but i � also for traffic studies , an_d of course before it is finalized . 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 _SOUTPL`geQ,JakN BARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN lk • ti r --,r - Board Southold Town of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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 n(���I►T� V. CE'j is �iY JOSEPH H. SAWICKI SUUIIit', �-_„•r t: .,.i:: .d r..• 1 TO : Southold Town Planning Board 1 F 1R9 — - Q. DPl FROM: Board of Appeals DATE : February 11 , 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 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 obstructions for space-time-velocity of approaching vehicles . Following the SEQRA . he'arin•g ; our office was -informed that the applicant would con..sider an alternative restr-i'cting a-ny and all left-hand exiting at the premises from the westerly egr,es.s , restricting entrances onto the site at the east end , etc . Page 2 February 11 , 1988 Re : Cliffside Associates SEQRA Review The overall purpose of the SEQRA review is not only for environ- mental studies but is also for traffic studies , an.d of course before it is finalized . 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 T1 E SOUTHPLR,s ,.," WARD OF APPEALS /� P 4 GERARD P . 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Su._-^ - - '�•Sr'.�• �'T `_�•d<a� _ aJ�..fr�':r_.. .... �.... ., ........1'_ '? - ,-;I-._ � K _ ._._ -_dP �__.l 1 t , - ^"e.: .++.r,.ca ,....gym.-:.,��„�--�;�•+ .yt t- s t'�_� ., .•a :..- p Wir jlW ',�•, �"�i.rH'sw"`/'- / � .� � "-* �'" tit _ - ' S• f'�w �}A� i _Y � Ryye+,• _ �.-e�"Y" iy.', ,�. - '_ , _'ti.._ ?.is :.S•,yJ�wj.'.'�r--"-•,.r M:r"� _ - fir::. ...�,;`•2•.-_ � - � - gc �,�• sue„ •g.. •.y�: •r�< J.r_- ' �'- _- - _ :`a y<.:j: �`r.-r'a p�}�..t--•yti-.y,-, r f «"-ter. - '1- • -��r !!'- ti -c - .•tip _ x - is K r' - �F. t J i .ray .y �.•�' c=��: JF ,1•• r� Jt c. c 1 i ■ -i -Y• •S �' c.j• v 1. S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS RECEVED BY �DD�DDLD 1D'i�y 'il�i it i„D HARD S41 MEMORANDUM 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 labelled on Sheet 2 of the Improvement Plans. 2. 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. 3 . 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 02835 (401) 423-0430 r 4. 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. SAILtd. ENVIRONMENTAL CONSULTANTS & PLANNERS SA' sir n vi S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS MEMORANDUM TO: Southold Planning Board FROM: David Emilita RE: DEIS Meeting August 3, 1987, Cliffside Motel DATE: August 13, 1987 Present at Meeting David Emilita Dick Haefeli Henry Raynor Steve Sammis Doug Herrlin Agreed at Meeting 1. New bluff line set and will show on new submitted plans. 2. 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 3 . Traffic study at Route 48 and Chapel. 4 . Full and equal treatment of alternatives. 5 . Rendering at driveway to the site showing "aesthetically pleasing motel. " 6 . Delineate existing vegetation to remain. 7 . Construction staging plans to be submitted. 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 1 Sl r.. F.. 1� 7f �♦ � ;f� • �� _ y .. a 7 . t � a.y� � `� 'fit•.� �� • � tiY I i ^�4 y —e •ir Z .,6:' T'a••k• j ,;' t s • 'i•.. 'f ''Z344J1s57a".`!-• - z' „j�.`- ° - _ �`.�'Yr�` . t �� y ,��� �� � r / I .�' Jr i� _ - �.:� �_ �.- .�-� -. .� - �.�. --- �- _._ .. . �- .r .rii,z.,.+ may_ �'4..j:3:,. . - - .� ..-� �" �rh+ ij y!. _ s ii _ ++ 7NC" .yam, .�,. •s .- r.t 1� . , '� �• • . 1 v' �.�t •, , ,r - � a4r RECEIVED BY SOUTHOLD TEWN F -NNIPIG BGklD F E B 11 NAR DATE Facing West from BE property line / 88 z r, T •_ 7% ' .. i s L- 1 ! _ r •__his- .ski �'�t RECEIVED BY SOUTHOLD 1010 PLANINING MR@ EFR 11 IM DAJE //bb Facing East from planned egress -150ft . from $E property line 2/7/88 A,— 'a •I . ��. ` �I ML�rLI V LV DI sou FEB��j ���� DATE R� ,�, .. .,. x••,•. Facing East from � �° � � '• `�-WtiL ` West driveway of San 1. Simeon ' r 2/7/88 f, T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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. SAWICKI INTER=DEPA.RTME.NT MEMORANDUM TO : Planning Board DATE: January 12 , 1988 SUBJECT: Tidemark (Cliffside Associates ) At your earliest convenience, please provide us with the most recent Environmental Impact Statement and other material to be considered for the January 25 , 1988 SEQRA Hearing-. Thank you . /S41Ltd. RECEIVE® BY ENVIRONMENTAL CONSULTANTS & PLANNERS SOUTHOLD TOVv'N PLANNING BOW DEC 4 1987 � S41 DATE MEMORANDUM TO: Southold Town Planning Board, Lead Agency Bennett Orlowski Jr. , Chairman FROM: Szepatowski Associates, Inc. RE: Draft Environmental Impact Statement, Cliffside, Southold, NY DATE: November 25, 1987 Due to the complexity of the proposed project and again because of lack of a scoping session we recommend that the Planning Board under Section 617.8 (b) (2) of the State Environmental Quality Review Act receive one additional 30 day period to determine adequacy of the DEIS. Under the same section, written notice must be given to inform the applicant of this additional 30 day requirement. Because of the submission of the new DEIS on October 26, 1987, SAI feels that this is necessary to determ of information addresses the potent V" cy-po 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 0 RECEIVED BY °�iJUlrfOlD fu�ifd r NNIIIINGG BOARD RICHARD T. HAEFELI n a G ATTORNEY & COUNSELOR AT LAW DATE 184 MAIN STREET P.O. BOX Ilia WESTHAMPTON BEACH, NEW YORK 11978 516 -288-5455 October 23, 1987 Chairman Southold- Town Planning Board Main Road Southold, New York 11971 Re : Site Plan Application Cliffside Associates Dear Sir : I enclose herewith the following relative to the above : (1) 6 copies of the Draft Environmental Impact Statement (2) 6 copies of the revised first page of the Site Plan, showing the setback from the cliff (3) 6 copies of the Improvement Plans (4) Letter from Henderson & Bodwell to Mr. Emilita, replying to his comments I would appreciate it if you would advise -me as soon as the Planning Board has accepted the impact statement, so that this matter may proceed. Very truly yours, Richard T. Haefeli RTH :jl Enclosures RECEIVED BY cs "J �.:� SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS SE® DATE F .. ilk 1, 0I MEMORANDUM TO: Southold Planning Board FROM: David Emilita RE: DEIS Meeting August 3 , 1987, Cliffside Motel DATE: August 13 , 1987 Present at Meeting David Emilita Dick Haefeli Henry Raynor Steve Sammis , Doug Herrlin Agreed at Meeting 1. New bluff line set and will show on new submitted plans. 2. . 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 3 . Traffic study at Route 48 and Chapel. 4. Full and equal treatment of alternatives. 5 . Rendering at driveway to the site showing "aesthetically pleasing motel. " 6 . Delineate existing vegetation to remain. 7 . Construction staging plans to be submitted. f.-..... 23 Narragansea•Ave. Jamestown•.,Ri 028.35 (401) 423-0430 RECEIVED BY S THOLD T0�`d1V PWIRIN19 BOARD flLE s COPY S® '- ® - T own Boer ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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. SAWICKI July 24 , 1987 Mr . Henry E . Raynor , Jr . P . O .: Drawer A Jame.sport , NY 11947 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 11 , 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 the required documentation through the Planning Board , as lead agency under this project. Yours very truly , GERARD P . GOEHRINGER lk CHAIRMAN cc : Planning Board Building Department IRPING ATTORNEY AT LAW ���/} 828 FRONT STREET U (i GREENPORT,L.I.,N.Y. 11944 (616)477-1016 August 31, 1984 Planning: Board Town .of Southold Main' Road Southold;. NY .11971 Re: TIDE. MARK . Southold,, , New .York Gentlemen: EAclosed. herewith please find: 1) Original .and. six: .(6) .copies of "Project Information" sheet. 2) Original and six copies of . Site Plan. . Very truly yours, :, r, ILP/,dg Enc. cc: Mr. Kenneth. J.. Tedaldi Wetmore Realty ot. x<< . Southold Town Board of Appeals ®1 �` MAIN ROAD - STATE ROAD 25 S❑UTHOLD, 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. SAWICKI NOTICE OF POSITIVE DECLARATION Appeal No . 334.9 Name of Applicant : CLIFFSIDE ASSOCIATES/TIDE MARK Location of Property in Question : North Side C . R. 48, Greenport Suffolk County Tax Map District 1000 , Section 45 Block 01 , Lots 1 & 2 Project Proposed : Forty-six (46 ) dwelling units in six buildings on 7 . 002± acres . per site plan as amended and submitted April 18 , 1985. ENVIRONMENTAL DECLARATION Pursuant to Section 617 . 7 of the N . Y . S . Department of Environ- mental Conservation Act , Article 8 of the Environmental Conservation Law , and Section 44-4 of the Southold Town Code , and in order to commence the processing of the SEQRA procedures , the Board of Appeals of the Town of Southold at this time declares itself lead agency in this proposed project and hereby classifies the same as an Unlisted Action which may have significant adverse effects upon the environment for the following reasons : 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 i.mpact of this new construction , its disruptive effects on the neighborhood ( including but not limited to nearby residences and existing nursing home resi - dences ) ; r 4. A complete study is necessary as to the effects of the quality of ground water if a water source such as a public water system with Page 2 - Appeal No . 3349 Notice of Positive Declaration Cliffside Associates/Tide Mark the Village of Greenport is approved; 5 . A complete study is necessary as to the effects of the quality of ground water if a private water (well ) system is to be considered and approved; 6 . A complete study is necessary as to the effects of the quality of drinking ground water, .pollution and the surrounding environment if a private sewage system is considered and approved; 7 . A complete study is necessary as to the effects of the environment on this and surrounding areas , if a public sewage system is connected with the Village of Greenport. It is hereby requested that the applicant and/or his agent furnish our department as lead agency with a Draft Environmental Impact Statement (DEIS) in accordance with the N . Y . S . Department of Environmental Conservation Act , Article 8 of the Environmental Conservation Law , and Section 44-4 of the Town Code and resolution unanimously adopted by this board May 2 , 1985 . LEAD AGENCY CONTACT INFORMATION Please contact the office of the Southold Town Board of Appeals , Main Road , Southold , New York 11971 , (tel . [516] 765-1809 , alt . 1802 ) if further information is desired . Dated : May 2 , 1985. BY ORDER OF THE SOUTHOLD TOWN BOAR�DF P�j�S GERARD P . GOEHRIN ER /CHAIRMAN lk FIL E Copy TQ� ''O SOL LD SL- EsOLC; TY Southold, N.Y. 11971 (516) 765-1938 June 15, 1987 NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT. 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 bylaw 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 Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Town- Code. r 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 Francis J. Murphy ` PC NI,NC OARD r TO U F SQU �I LD i 1 IiI y+{4 S PA.0 it. 0."TY Southold, N.Y. 11971 (516) 765-1938 June 15, 1987 NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT. 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 t Assoicaes" . 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 Environmental 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 Francis J. Murphy DECEIVED �Y - S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS DATE S41 MEMORANDUM TO: Southold Town Planning Board FROM: Szepatowski Associates, Inc. DATE: May 27, 1987 RE: "Cliffside" DEIS - Adequacy for Review Pursuant to Part 617.8 of SEQR, we have reviewed the DEIS for the project known as Cliffside for its scope, content, and adequacy for public review. Since the DEIS has been prepared without benefit of scoping, it contains flaws not necessarily the fault of the preparers, and much of the critique below is because of lack of scoping guidance. 1. Lack of Site Plan The site plan on page 3=6 is of little use in following the text due to its diminished size. A 1" = 40' scale print should have been included with each copy of the DEIS, with a uniform contour interval of two feet throughout the .locus of the plan. 2. Inadequate Treatment of Alternatives Alternative plans are to be dealt with in the same depth as the preferred alternative. The discussion of alternatives is skewed in favor of the preferred alternative. An objective comparison needs to be done, including alternate sized motel projects that will have less adverse impact. Alternate site plans also need to be equally detailed as the preferred alternative. 3. Erosion Control This is a serious matter on this intensively developed sloping site on the Sound. The measures actually to be used need to be detailed on a site plan. Bluff protection is especially critical. A minimum non-disturbance buffer of 100-150 feet should be maintained. A more accurate determination of the edge of bluff needs to be done, based on a uniform contour interval and determination of the points of inflection in the absence. 'of a clearly receding edge of bluff. `0 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 4. Drainage and Stormwater Runoff Control As with erosion, severe off-site drainage impacts can occur due to the sloping nature of the site and the bluff proximity. Drainage facilities and calculation need to be provided on a site plan. Leaching pools close to the bluff could lead to slumping and thus should be located away from the bluff edge. 5. Traffic AADT analysis is inadequate. Peak hour traffic including driveway analysis at Route 48 and turning movements at Chapel Lane need to be analyzed. Site distances are critical due to the already acute conditions at the nursing facility on the opposite side of the highway. 6. Construction Staging Intensive site work could cause severe erosional impacts. No mention is made of construction staging. A section on construction and impact mitigation is needed. 7. Vegetation A landscaping/grading plan needs to be included. An "aesthetically pleasing motel development" are empty words without graphic illustrations, elevations, renderings, cross-sections, views onto the site, all of which need to be included in the DEIS. RECOMMENDATIONS Submission of a totally revised DEIS is recommended. So much needs to be rewritten that a supplement to the DEIS already submitted will probably be larger in size than the existing document. SAI SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS SAI if��ITO C all F: iz� � Lull S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS DATE ` S41 MEMORANDUM TO: Southold Town Planning Board FROM: Szepatowski Associates, Inc. DATE: May 27, 1987 RE: "Cliffside" DEIS - Adequacy for Review_. Pursuant to Part 617.8 of SEQR, we have reviewed the DEIS for the project known as Cliffside for its scope, content, and adequacy for public review. Since the DEIS has been prepared without benefit of scoping, it contains flaws not necessarily the fault of the preparers, and much of the critique below is because of lack of scoping guidance. 1. Lack of Site Plan The site plan on page 3-6 is of little use in -following the text due to its diminished size. A 1" = 40 ' scale print should have been included with each copy of the DEIS, with a uniform contour interval of two feet throughout the locus of the plan. 2.. Inadequate "Treatment of Alternatives Alternative plans are to be dealt with in the same depth as the preferred alternative. The discussion of alternatives is skewed in favor of the preferred alternative.- An objective comparison needs to be done, including alternate sized motel, projects that will have less adverse impact. Alternate site plans also need to be equally detailed as the preferred' ' alternative. 3. Erosion Control This is a serious matter on this intensively developed sloping site on the Sound. The measures actually to be used need to be detailed on a site plan. Bluff protection is especially critical. A minimum non-disturbance buffer of 100-150 feet should be maintained. Amore accurate determination of the edge of bluff needs .to- be' done, based on a uniform contour interval and determination of the points of inflection in the absence of a clearly receding edge of bluff. . b 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430_ 4. Drainage and Stormwater Runoff Control As with erosion, --severe off-site drainag-e impacts can occur due to the sloping nature of the site and the bluff proximity. Drainage facilities and calculation need to be provided on a site plan. Leaching pools close to the bluff. could lead to slumping and thus should be located away from the bluff edge. 5. Traffic AADT analysis is inadequate. Peak hour traffic including driveway analysis at Route 48 and turning movements at Chapel Lane need to be analyzed. Site distances are critical due to the already acute conditions at the nursing facility on the opposite side of the highway. 6. Construction Staging Intensive site work could cause severe erosional impacts. No mention is made of construction staging. A section on construction and impact mitigation is needed. 7. Vegetation A landscaping/grading plan needs to be included. An "aesthetically pleasing motel development" are empty words without graphic illustrations, elevations, renderings, cross-sections, views onto the site, all of which need to be included in the DEIS. RECOMMENDATIONS Submission of a totally revised DEIS is recommended. So much needs to be rewritten that a supplement to the DEIS already submitted will probably be larger in size than the existing document. SZEPATOWSkI ASSOCIATES INC. ENVIRONMENIAL CONSULTANTS RECEIVED v I SOOT d"i. I' INNING BOARD _ 1987 DATE SEWER TREATMENT AGREEMENT AGREEMENT made this /W day of 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 VILLAGE owns and operates a municipal sanitation 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' system and/or water line described on the map and preliminary plan and to transfer and convey same to the VILLAGE upon comple- tion and if necessary and . to give and procure easements for the maintenance of said sewage collection system and/or water line, and WHEREAS, the VILLAGE is willing to collect the sewage from LAW OFFICES OF " JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD,NEW VORK 11901 ` 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 Q 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" at Town of Southold, 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- pants 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, prepared 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 JOHN J.MUNZEL - 38 ROANOKE AVENUE JERHEAD,NEW YORK 11901 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. LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 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 width of what is now or hereafter existing public or private 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, an 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- LAW OFFICES OF JOHN J.MUNZEL .48 ROANOKE AVENUE IVERHEAD.NEW VORK 11901 1 section forthwith upon installation and shall supply maps to the VILLAGE showing the exact locations.. Said intersections shall not be permitted without prior 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; '�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. TENTH. Upon completion, inspection and approval the. VILLAGE w.ill' 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 LAW OFFICES OF to help maintain and expand the sewage treatment facilities of the JOHN J.MUNZEL 'A8 ROANOKE AVENUE IVERHEAD•NEW YORK 11901 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 deposit 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 ,35.2 . 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.MUNZEL 548 ROANOKE AVENUE ;RIVERHEAD,NEW VORK 11901 ti. . Notwithstanding the, above, in the event that- the Town of Southold does not approve the application of OWNER,. the ,VILLAG.E 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 Sewage 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 the 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 or liens to the sewer lines so- laid and installed and if dwelling units allotted or specified herein, the VILLAGE shall keep all 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 548 ROANOKE AVENUE RIVERHEAD,NEW YORK. 11901 in favor .of the VILLAGE for the, perpetual maintenan,ce, . repair or replacement of said sewage collection facility including the - right to extend the facility and to connect them. with other .facilities . e 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' give, all as hereinbefore provided, the VILLAGE will accept the assignment - and conveyance of the sewage collection facility and "maintain them thereafter and collect sewage 11 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 installation 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 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 EIGHTEENTH. This agreement shall inure to the benefit and shall bind the respective heirs , legal representatives ,, successors or assigns of the parties hereto. NINETEENTH. 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 n . four ( 4 ) counterparts , all of which shall constitute originals , th day and year first above written. ATTEST: VILLAGE OF GREENPORT By:71�e7 . Hubbard, Mayor LIFFSIDE A5SOCY TES , a limited partnership by: NEIL ESPOSITO LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 rr STATE OF NEW YORK) COUNTY OF SUFFOLK) On the /9 . day of February, 1987 , before me personally came NEI.L 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. Y" PUBLIC S SMITH �� NOTARY PUBLIC State of New York No. 52 - 4603210 0TARY PUBLIC Qualified in Suffolk County Commission Expires 0­4 3/,lqe6' STATE OF NEW "Y0iK) COUNTY OF SUFFOLK) at'r On the � �' day ot— 1987, before me personally 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 order of the Board of Directors or said corporation, and the he signed his name by like order . w NOTARY PUBLIC,Ste rKof N.Y NOTARY PUBLIC T m�Expires N0'*30,19.L LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 19 APR ` 97 ono p - , , � Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I. N.Y. 11971 TELEPHONE (516) 765-1809 i APPEALS BOARD E MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 : TideMar-k/Cliffs de 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 . c �� 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. Youurrs- very truly , 00 .. „ GERARD P . GOEHRINGER CHAIRMAN lk cc : Richard Pellicane , Esq . Mr . Henry E. Raynor , Jr . Building Department A 1987 T Southold Town-bo- ard of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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. SAWICKI 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 . e r � w 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. , Yours very truly, GERARD P . GOEHRINGER CHAIRMAN lk cc : Richard Pellicane , Esq . Mr . Henry E. Raynor , Jr . Building Department Page 2 Appeal No . 3349 Matter of CLIFFSIDE ASSOCIATES/TIDE MARK (2 ) Site Plan amended and received April 18 , 1985; (3 ) Long Environmental Assessment Form (LEAF) prepared by applicant . Upon receipt of the Draft Environmental Impact Statement , same will be filed with you and a 30-day commenting period will be provided as well as filing of same pursuant to Section 617 . 10 . Yours very tru-ly , GERARD P . GOEHRI ER CHAIRMAN By Linda Kowalski Enclosures Copy with Enclosures to : Incorporated Village of Greenport Supervisor Francis J . Murphy FILE COPY T� J' r�n'' ySOU � LD 4t hR nl;- sr S XKEG: TY Southold, N.Y. 11971' (516) 765-1938 June 22, 1987 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 RE: Tidemark/Cliffside Associates Dear Mr. Raynor: Please let this confirm the following action taken by the Southold` Town Planning Board, Monday, June 15, 1987. RESOLVED that the Southold Town Planning Board accept and request compliance with the memorandum from Planning Consultant, David Emilita, of Szepatowski Associates,dated May 27, 1987 with regard to the Draft Environmental Impact Statement submitted for the proposal of "CLiffside Assocites"/ Tidemark. Enclosed is a copy of the memorandum for your review. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. By Diane M. Schultze, Secretary ` RECEIVED BY SOUTHOLD TOWN' PLANNING BOARD - APR 4-,J -- DATE WATER SUPPLY AGREEMENT AGREEMENT made this ,� day of 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 lay and install or cause to be laid and installed the water mains , hydrants , fittings and valves described on the map and preliminary plan 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 LAW OFFICES OF JOHN J.MUNZEL 54B ROANOKE AVENUE -RIVERHEAD.NEW VORK 11901 WHEREAS OWNER is about to commence a development known as "Cliffside" in Southold Town and wishes to construct water mains and install hydrants on the certain rights of way on a certain map 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 LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 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 pay 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= LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD•NEW YORK 11901 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 811 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 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. TENTH. OWNER will, and by this agreement does , upon appro- val of the completed work, which the VILLAGE will indicate to the OWNER in writing, dedicate the mains 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 water mains,, both supply and distribution, and appur- LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD,NEW VORK 11901 tenances , including domestic services , and fire hydrants in the full length and width of the now or hereafter existing public or private 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 development, 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 the 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- mitted 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- LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE.AVENUE RIVERHEAD.NEW VORK 11901 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 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 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 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 Greenport 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 supply. It is contemplated by this contract that LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW VORK ' 11901 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 motel 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 paid 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 LAW OFFICES OF .. JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD,NEW VORK - 11901 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 ' 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, the WORK to. be completed, and/or water to 'be supplied shall be changed to conform with the then current standards 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 LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 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 acdeptance 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. LAW OFFICES OF - JOHN J.MUNZEL . 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 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 n four ( 4 ) counterparts , all of which shall constitute originals , the day and year first above written. ATTEST: VILLAGE OF GREENPORT 2,,- (:,C) i�� _ By: Zx-,I h Clerk George . Hubbard, Mayor LIFFSIDE AS OS CI ES , a limited partnership by: NEIL ESPOSITO LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 STATE OF NEW YORK) COUNTY OF SUFFOLK) On the f 9 a 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 KA T HLEEEN SMITH �1 1 NOTARY PUPLIC Siam of New York NOTARY PUBLIC i�o. 52 - 4603210 Qualified In S�IA{•tolk Counfy Commission Expires Cf,,�t3/ /C��jI STATE OF -NEW YORK) COUNTY OF SUFFOLK) r On the /";' day of , 1987, before me personally 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 order of the Board of Directors or said corporation, and the he signed his name by like order. NANCY W.COOK NOTARY PUBLIC,State of MY __ Suffolk Co.No:4735151 NOTARY PUBL I Term Expires Membb 30,194' O ` LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE ZIVERHEAD,NEW YORK 11901 t APR RICHARD PELLICANE (516) 283-7200 ATTORNEY AT LAW f April 27, 1987 Mr. David Emilita c/o Southold Town Hall Main Road Southold, NY 11971 Re: Tide Mark - Situate at Greenport Dear Mr. Emilita: Pertaining to the conversation between yourself and Mr. Henry Raynor this date, I look forward to your expeditiously handling the SEQRA process before the Planning Board on the Tide Mark/Cliffside Assoc . project. I anticipate a response from your office within two weeks or less. Thank you for your consideration. Very truly yours, Richard Pellicane RP: slk cc: Richard T. Haefeli, Escr. Mr. Kenneth Tedaldi i� 25 BOWDEN SQUARE, SOUTHAMPTON, NEW YORK 11968 BY TOiviv OF .S CUT:OLD {�yy���'i.°- a °�Q !' Ln � w1 �: E.:VIF.Oti :E._ITaL ASSESS". ;:T - PART I - •• t. - ®ATE Vp',_=. ir.ls _oc :2nt is destened :a issis: in dett^-�rt'-? �•+et.._. a s_t;on :rcccsze 'ay have a ;:c-i?icinL :r=:-- 2n Lne tnvtrcr.r..en:. Ple=se cc.-:iat: the tnt:rt '�a:-, :re-:t :.ns:.!rs :o ::esz :ues:•cns dill ae ctnstcered is car: ofi ne aool:cat:en ror aooroval ina may oe suo n= to r�,r_ne- verrjieat:cn inC 7uolic review. Proviee any acaztional infiomat:en you oehave will to neece7 :c =c-olete ?A;.%S 2 and 1. is exce^__a =nat cc=le:tcn of t.`e e.AF :.ill be reoenc_rt :n inrcr-na:ion cur.+-tly available ar:d -dill not •' 'nvolve new izuc es. .rasaar=Z or invest:Sa::On. j: tnscrr%Mtan r=Cui-Tn9 Sufi ac--:ianal morx ii-un4v:.:`,z1_. tJ :n:tcat_ and soe=i:y tavi instanca. "- - --TIDE' NM -RIC "' "" ' Louis S. Sachs & Jane G. Sachs Apt. 1203, 203 35 W. ,Country Club Dr.' North Miami Beach, FL Kenneth J. Tedaldi t,:::: -::� ,1es.s.u-p..-AVenue nuogue; r:--- — _ -- (_ —1/ aescr :e .Jr-e _. r. .e=: _. :zZI A 76 unit motel sz::.-- vP overall pr- '-avi ceveic:e-c enc -.;ncevelccea irtai) c:.,'.r.'.=:?.- .. '.e larva: ..ener=ii tin i:... .. i10C_ X 5enermlly uneven arm truing Jr_I 1ar ?rser._ 'arc use:: Jr_t. [r.___:r:al Cc— r_:ai Suc�r:en Vacant land zone . -1 & AR-80 I. =r--Je area: 7.07icr_s. Acc. cz:-atz ac"a;e: ?r_ser.t': After Ccr..cla: -;n _ Presen::y "tzr Vic.^cle:.c. Lei=-A cr 3r,.;:n1anc _r ::at2r Su _ca :.rs 3c-ts ace••:: eer:.. :r rill; Acr sl !t713 Cr an: ;aver r'__ •S :erf-r,:. _.°: i:Jr-�t2s =• '-S ._ _- Sol'. •�^•�s) ^.n crc;•Y: T01JS011 & Sand :n :r7jc_. ;.:3? •'s X 10 6. Approximate Percentace of proposed project -site with slopes: C-10% 100 =; 10-15: :; 15: or •- greater 7. Is project contiguous to, or contain a building or site listed on the National Register of Hist--ric Places? Yes X No ' 8. What is the depth to the water table? 3 0f feet , 9. 0o hunting or fishing opportunities presently exist in the project area? X Yes Ito (fishin from.beach) 10. Does project site contain any species of plant or animal life that is identified as thre2tened or enazricered­ Yes X No, according to - Identify each species 11. Are there any unique or unusual land forms on the project site? (i.e. cliffs, dunes, other ge=logics= formations - Yes X No. •(Cescrihe 12. Is the project site presently used by the community or neighborhood as an open space or recreation area Yes X No. 13. Does the present site offer or include scenic views or vistas known to be important to .t. =—Wni��- Yes _ X r:o 14. Streams within or contiguous to project area: • a. Name of stream and name of river to which it is tributary —. 15. Lakes, Ponds, Wetland areas within or contiguous to project area: .._:..._ _ __... .... a. Name b. Size (in acres) 16. What is the dominant land use and zoning classification within a 114 mile radius of the project (e.=- single family residential. A-2) and t•':e scale of develop-rent (e.g. 2 story). - S. PP•O,::CT DESCFUTIC:l • 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total ccntiguous acreage owned by project sponsor 7 .076 acres. • . b. project acreage developed:7. 0 7 6acres initially; acres ultir,.ately. _ • C. Project acreage to remain undeveloped d. Length of project, in miles: if a;,-rrpriate) C. If project is an expansion of existing, indicate percent of expansion proposed: building s;:pare age developed acreage f- 11t,:3er of off-str--t parking spaces existing 0• _: proposed 80t g. Maxir;-= vehicular trips generated per hour (upon completion of project) h. If residential: 111=iber and type of housing units: One'Family Two'Family• Multiple Family Condominium Initial Ul timete Orientation Neich�ornaca-City-negianal Estimated Employment Ccm-arcial Industrial Der ordinance J. To height of tallest proposed structure _feet. _ " -; i Hoyt much natural material (i.e. rock, earth, etc.) will be reToved from the site - tens N :_ Possibly foundation earth only cbic :fM 3. How many acres of vegetation (trees, shrubs, groura covers) will be removed from site - sores. 4. Will any mature forest (over 100 years old) or other locally-important vegetation be removed :.• this project? Yes __Yo S. Are there any plans for re-vegetation to replace that removed during construction? X Yes I= 6. If single phase project: Anticipated period of construction 12 months, (including demolit:«z). 7. If muiti-phased project: a. Total number of phases anticipated No. b. Anticipated date of co=ence ent phase 1 month vear (:rclud=:r demolition) e. Approximate ccmoletion date final phase month V?!r. d. Is phase 1 financially dependent an subsequent phases? - Yes S. Will blasting occur during constriction? Yes X No 9. Number of jobs generated: during constriction 2 5 after project is complete 7 ' 10. Number of jobs eliminated by this project 0 _ 11. 'dill project require relocation of any.projects or facilities? Yes X no.. If yes, ez:lai::= 12. a. Is surface or subsurface liquid waste disposal involved? Yes X No. b. If yes, indicate type of waste (sewage, industrial, etc.) e. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or other surface watar4ays be increased =r decreased by proposal? Yes X No. 14. Is project or any, portion of project located in the iC0 year flood plain? Yes X No 15. a. Does project invol•e disposal of solid waste? Yes X No b. If yes, will an existing solid waste disposal facility be used? Yes No . - e. If yes, give name: location . d. Will any wastes not 5a into a sewage disposal syst=:n or into a sanitary landfill? r Yes 16. Will- project use herbicides or pesticides? Yes X No 17. Will project routinely produce odors (more than one hour per day)? Yes X No 18. Will project produce operating noise exceeding the local ambience noise levels? Yes X No 19. Will project result in an increase in energy use? X Yes No. If yes. indicate types) -Electricity for motel units 29, If water supply is from wells indicate purging c=p2city gals/air,ute. 21. Total anticipated water usage ;er day _ teals/day. , 22. Zoning: a. What is dcminant *zoning classification of site? M—1 b. Current s^,ecific zoning classification of site M—1 e. Is prcpOsed use c:nsiszer.t with ,present zoning? Y e s d. If no, indicate desired zoning • T •• .. - ` .;fI.X��! .vim. • . _ �i��'r�=�. . 26. Approvals: a. Is any Federal permit reS4ired? Yes X No - b. Does project involve State or Federal funding or financing? Yes e. local and Regional approvals:•; Approval Re;vired Submittal ;=zrova- (Yes. 11o) (Type) (Date) (Gat_; City, Town, Village Board IT City, Town, Village Planning Board YES gitQ Plan City, Town, Zoning Eoard IFS Fparial FxrPptio— City, County Health Depart:—ent YFG avatar T. .;Pwar (Vil•_ of Cie rt Other local agencies Other regional agencies State Agencies l)_F_c Federal Agencies C. INrMLYATIGNAL CEIAI S _ ..•, ... . Attach any additional information-as may be needed to clarify your project. If there are or may to ar.:r adverse Impacts associated with the'prcposai, please discuss such'impacts and the measures :'chic: a ca taken to .�.1ticata or avoid them. « PREWERIS SISNAMRS: TI'►L=� Attplrney for Applicant REr'_SE'N I:1G: Kenneth J. Tedald-i > _ DAT_; January 15, 1987 - Officers UTILITY OFFICE TEL. Yillaye of green ort (516)477-1748 MAYOR GEORGE W.HUBBARD INCORPORATED 1436 POWER PLANT TEL. NEW INCORPORATION APRIL T.1n0• (516)477-0172 TRUSTEES R[•1 NCO RPO RATION UNDER GENERAL LAW MAY 20. 1994 JEANNE M.000PER �y GAIL F.HORTON DAVID E.KAPELL ••••• .. .. I' u RECEIVED BY WILLIAM H.LIEBLEIN p.N G I S L SUPT.OF UTILITIES JAMES I.MONSELL """" DATE 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 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. Very truly yours, (9 James I. Monsell Superintendent of Public Utilities JIM:j g Enc. CC: George Hubbard, Mayor All Village Trustees Southold Town Planning Board wl RwkUjztTv aP� vl Ss b� �t AICHAAD PEI I ICANE AR U 19 1 (516) 283-7200 ATTORNEY AT LAW March 9 , 1987 Planning Board Town of Southold Town Hall Main Road Southold, NY 11971 Attn: Mr. Bennett Orlowski, Jr. Re: Cliffside Associates (Tide Mark)' Dear Mr. Orlowski: I have delivered to you the executed copies of the water & sewer contracts for Cliffside Associates with the Village of Greenport. I believe this completes the necessary infor- mation for your Board and would ask approval of this site plan at your next available scheduled meeting. I understand the approval will be subject to a Special Exception use by the Zoning Board of Appeals. Very truly yours, Richard Pellicane RP: sjk cc: Mr. Henry Raynor Mr. Kenneth Tedaldi 25 BOWDEN SQUARE,SOUTHAMPTON,NEW YORK 11968 WATER SUPPLY AGREEMENT AGREEMENT made this day of February 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 lay and install or cause to be laid and installed the water mains , hydrants , fittings and valves described on the map and preliminary plan 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 LAW OFFICES OF JOHN J.MUNZEL 19 ROANOKE AVENUE dERHEAD.NEW YORK 11901 M\`•\` WHEREAS OWNER is about to commence a development known as "Cliffside" in Southold Town and wishes to construct water mains and install hydrants on the certain rights 'of way on a certain map 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 Ex-hibit. "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 LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW.YORK 11901 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 hvdrants 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 pay 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 = 197000 gpd 2 ) Peak Day Demands= LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 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 ,20.0 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 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. TENTH. OWNER will, and by this agreement does , upon appro- val of the completed work, which the VILLAGE will indicate to the OWNER in writing, dedicate the mains to the VILLAGE, and does hereby qrant 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- LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 tenances , including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or private 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 . service.s throughout the development, 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 the 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- mitted 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- LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE - RIVERHEAD,NEW YORK 11901 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 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 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 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 Greenport 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 supply. It is contemplated by this contract that LAW OFFICES OF - JOHN J.MUNZEL . -548 ROANOKE AVENUE UVERHEAD,NEW YORK 11901 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 motel 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 paid 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 LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE - RIVERHEAD,NEW YORK . 11901 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 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, the 'WORK to be completed, and/or water to be supplied shall be changed to conform with the then current standards 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 LAW OFFICES OF JOHN J.'MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 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. LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 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 n four ( 4 ) counterparts , all of which shall constitute originals , th day and year first above written. ATTEST: VILLAGE OF GREENPORT By: Clerk George Hubbard, Mayor C-LIFFSIDE ASS , a limited partnership by: NEIL ESPOSITO LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE , RIVERHEAD,NEW YORK 11901 STATE OF NEW YORK) COUNTY OF SUFFOLK) On the / 8' '3 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 KA7HL of fC __ <1 r�orAxv hu:•uC S.Ci101iu�l �� rl,;w �to,r: NOTARY PUBLIC i�,,. �? - 4600210 Ir1 Self.l!: County dd 3/i/COY STATE OF NEW YORK) COUNTY OF SUFFOLK) On the day of February, 1987 , before me personally 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 order of the Board of Directors or said corporation, and the he signed his name by like order. NOTARY PUBLIC LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD,NEW YORK 11901 SEWER TREATMENT AGREEMENT ' . AGREEMENT made this day of February 1987 .by and between the Village of Greenport, a municipal corporation in Suffolk County having its office and. pri'ncipal 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 sanitation 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 waterline 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 system and/or, water line described on the map and. preliminary plan and to transfer and convey same to . the VILLAGE upon comple- tion and if necessary and . to give and procure easements for the , maintenance -of ' said sewage collection - system -and/or water line, ' and WHEREAS, the 'VILLAGE is willing to collect the sewage from LAW.OFFICES OF - JOHN J.MUNZEL S48 ROANOKE AVENUE - RIVERHEAD.NEW YORK 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 development known' as "Cliffside" at Town of Southold, New York and wishes to construct a sewage collection facility end/or water line on the certain rights of way on a certain map entitled "Cl:iffside-" , 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 devel.opment .as more fully shown on the Exhibit "D" attached hereto, prepared 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 .. JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD,NEW YORK 11901 joining, backfilli,ng s,hall. be -done by OWNER and shall sometimes hereinafter, be. called "WORK FOURTH. . The standards .for. the i,nstallat,ion 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 ,00.0 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 wil:l ' 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. LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD,NEW YORK 11901 - - 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 width of . what is now or hereafter existing public or private 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 aline 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- ,LAW OFFICES OF JOHN J.MUNZEL S48 ROANOKE AVENUE RIVERHEAD.NEW YORK - section forthwith upon installation and shall supply maps to the VILLAGE .showing the exact locations . Said intersections shall not be permitted without prior 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, 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. 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 LAW OFFICES OF to help maintain and expand the sewage treatment facilities of the JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK• 11901 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 deposit 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 succes.sors 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.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 Notwithstanding the above, in the event that the Town of Southold 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 Sewage 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 the 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 or liens to the sewer lines so laid and installed and if dwelling units allotted or 'specified her the VILLAGE shall keep all 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 548 ROANOKE AVENUE RIVERHEAD•NEW YORK 11901 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 give, . all as' h6reinbefore 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 installation 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 548 ROANOKE AVENUE RIVERHEAD.NEW.YORK - - 11901 EIGHTEENTH. This agreement shall inure to the benefit and shall bind the respective heirs , legal representatives , successors 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 n four ( 4 ) counterparts , all of which shall constitute originals , th day and year first above written. 'ATTEST: VILLAGE OF GREENPORT _ By: Clerk George W. Hubbard, . Mayor CLIFFSIDE AS6"ted partnership by: NEIL ESPOSITO LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE ,RIVERHEAD.NEW YORK 11901 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 documen :Ul'.L.6:'f P�:Si..i•`_ Sir,:.: i r!Cv/ Yon", ;,. :i:: :; 2 0 NOTARY PUBL C C?ual;liau I:, °::'loll: CcUn�y STATE OF NE ORK) COUNTY OF SUFFOLK) On the day of February, 1987, before me personally 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 G.reenport, 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 or .said .corpo.ration, and the he signed his name by like. order. NOTARY PUBLIC LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 TEL. 765-1802 ®c��FFUL,�IpG TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR JAN 9 1987 P.O. BOX 728 v' qF TOWN HALL SOUTHOLD, N.Y. 11971 1 �t January 9 , 1987 TO : Bennett Orlowski Planning Board ''// FROM: Victor Lessard r(� Exec . Admin . SUBJECT : Cliffside Associates Until I receive written notification on how water and sewerage is to be handled by this project , I can not certify this project . Computation is based on this information and is re- quired . VGL :hdv � 16 ��w J DEC 2 2 16 DECLARATION DECLARATION, made the day of 1986 by Cliffside Associates, a New York partnership having its principal office at 72 North Ocean Avenue, Patchogue, New York 11772, hereinafter referred to as DECLARANT. 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 P pNI� D ,I, tad �kSO LD Southold, N.Y. 11971 (516) 765-1938 January 9, 1987 Mr. Henry E. Raynor,Jr. 320 Love Lane Mattituck, NY 11952 Re: Tide Mark (Cliffside Assoc. ) Dear Mr. Raynor: Enclosed is a copy of the memorandum from the Building Executive Administrator regarding .the above mentioned site plan proposal. -- As you can see, he needs additional information from the Village of Greenport prior to any review for certification. 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 enc. P � D T LD S Y Southold, N.Y. 11971 (516) 765-1938 January 7, 1987 Environmental Analysis Unit DEC, Building 40 , Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed is a copy of the Long Environmental Assessment form, and a copy of the site plan for the proposal to be known as Tide Mark located at Greenport, tax map no. 1000-45-1 -1 for construction of 76 motel units. This project is Type I and an initial determination of environmental significance has been made. We wish to coordinate this action to confirm our initial determination and inform you that a lead agency must be designated within thirty days. It is determined that the environmental impacts are of primarily local significance, therefore, we are requesting lead agency status. May we have your views on this mater. Written comments on this project will .be. received at this office until January 21, 1987. We shall interpret lack of response to mean .there is no objection by your agency in regard to the State ENvironmental Quality Review Act. Yours truly, BENNETT ORLOWSKI,JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Department of Health Servcies Suffolk County Planning Commission Suffolk County Department of Public Works Village of Greenport Trustees Town of Southold Trustees Town of Southold Board of Appeals EC _2 2 1 ' BOARD OF ZONING APPEALS : TOWN OF SOUTHOLD: ---------------------------------------X The matter of the application of Cliffside Associates AFFIDAVIT ---------------------------------------X STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) 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 Southold Ne Es&6sito Sworn to before me this DO-r" day of �, 1986 NOTARY PU LI C KATHLEEN SMITH NOTARY PUBLIC State of Ne\#4 No. 52 - 4603210 Qualified In Sur ,ommissiott Expire -k ,Outt} 31,/��g which shall run with the land and shall be binding 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) ) ss: 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 5v��oc� T a 54 ;. LD SL - Y i 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, 2XAAtt( Ot WJ� A-) � BENNETT ORLOWSKI, JR. , CHAIRMAN ?� SOUTHOLD TOWN PLANNING BOARD a� By Diane M. Schultze, Secretary �e� � P. S. - Would you please forward three site plans for our referral to the Building Department. Thank you. it Cis r�/c0 Awd rr DECLARATION DECLARATION, made the day of 1986 by Cliffside Associates, a New York partnership having its principal office at 72 North .Ocean Avenue, Patchogue, New York 11772, hereinafter referred to as DECLARANT. 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 72 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 i _ best interest of the Town of Southold, and the prospective owners of t'he--- 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 r wlAch shall run with the land and shall be binding . 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) ) ss: 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 J HENDERSON AND BODWELL DATE: OCTOBER 2, 1986 PAGE: 1 OF 1 FROM: J. MILLIKEN TO: MEMO OF RECORD RE: CLIFFSIDE - DRAINAGE CALCULATIONS . CC: D. HERLIN, H. RAYNOR ------------------------------------------------------------- The drainage system was designed utilizing the proposed Grading Plan in which inlets were placed at all low points. A Drainage Shed Map was then developed, this map breaks the entire parcel into seperate drainage areas for each inlet. Based on a 2" rainfall, the size of the area, and the percent of runoff across the area, the amount of rainfall storage is calculated and a sufficient number of drainage rings are then connected to the inlet to contain the rainfall storage required. The percent of runoff across a particular area is calculated based on the following: The runoff from all impervious areas such as the building roofs, parking areas, driveways , and tennis courts, is calcuated at 90%, while the areas covered by grass would be calculated at 30% and the wooded areas at 10%. Except for a small portion of the site along Route 48, which drains -to the roadway swale, and a small portion of the site along the top of the bluffs, which flows to a natural swale leading to the Long Island Sound, all of the runoff (including roof drainage), is contained and recharged on site. This proposed drainage system is a vast improvement over .the existing condition in which 90% of the site runs off to the Long Island Sound and only about 10% makes its way to the road side swale and is eventually recharged back into the ground. JM/mm 0Twog-�er�-sewe.K C� ✓ - Officers ffi UTILITY OFFICE TEL. (516)477-174'8 MAYOR Yillaye of green od GEORGE W.HUBBARD INCORPORATED 1636 POWER PLANT TEL. NEW INCORPORATION APRIL 7.1666 (516)477-0172 TRUSTEES RE-INCORPORATION UNDER GENERAL LAW MAY 26. 1694 JEANNE M.COOPER G� GAIL F.HORTON DAVID E.KAPELL ..•• """ '••-• R. WILLIAM H.LIEBLEIN SUPT.OF UTILITIES JAMES L MONSELL 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 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. Very tr yours, James I. Monsell Superintendent of Public Utilities JIM;jg CC: Mayor, George Hubbard All Trustees Village Attorney Utility Committee Henry Raynor �o �,UFFD�G' P NIE � D T 0: �SOIJ LD S A: Y Southold, N.Y. 11971 (516) 765-1938 September 29 , 1986 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Re: Tide Mark Proposal Dear Mr. Raynor: The Planning Board is in receipt of the drainage calculations and it would help for our review to take the grading and drainage plan and indicate the system areas and basin locations on the plan. It is unclear from the calculations whether roof drainage is included. The Board wishes to make it clear that we need water and sewer contracts with the Village of Greenport prior to .any further review. A preliminary review of the grading plan indicates that the "cellar area" is in most cases above grade prior to backfill which is shown onthe grading plan. We are not in concert with this approach which is in essence creates a third story on these units which is not allowed by Town Code. Please present at our meeting your suggested covenants and restrictions to guarantee that the operation of this as a motel without kitchen facilities will be in conformance with the Town requirements for motor vehicle transients. The Board also has concern over the definition of top of bluff as indicated on the plan and the setback requirements. Please be prepared to discuss this. If you have any questions, please don' t hesitate to contact our office. Very truly yours, n ,f ` l BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD RGW By Dune. M. gC'.h111 -f-7.P _ q4-r YPf AY-V r S E P 2 1986 DOUGLAS P. HERRLIN Architect Box 442,East Hampton,L.I.,New York 11937 - 25 August 1986 Mr. Henry Raynor 320 Love Lane Mattituck, N.Y. 11952 Re: Cliff side Motel Middle Road (CR 48) Town of Southold, New York Dear Mr. Raynor: The building designs shown 'on the drawings to be submitted to the Southold Town Planning Board were reviewed as to height and number of stories ' by Mr-. Hinderman of. the Southold Town Building Department. Buildings 'A` , 'C' , 'D' , 'E' and 'F' are obviously two.- story in nature with cellar areas used for storage purposes. Building 'B' has eight bedrooms with closet and bath at its lowest level, with these bedrooms connected 'to the first floor "units above. This does not constitute a story either by State building construction code definition, or interpretation thereof by Mr. Hinderman. The following is from the - State building code: Section 705. 1g, page 38 . "The following locations shall not be deemed to be a story" : Section 705. 1g. 1, page 38 "A basement where the finished .floor immediately above is less than 7 feet above the average eleva- tion of the finished grace. . . " I trust this clarifies the status of the lowest level of Building 'B' . Very truly, Douglas Herrlin Archite t DPH: sg AUG 2 6 1996 HENDERSON AND BODWELL CONSULTING ENGINEERS CLIFFSIDE DRAINAGE CALCULATIONS Design - Storage of 2" Rainfall Impervious @ 90% Pervious (grass) @ 30% Pervious (woods) @ 10% System 1 0. 14 acres impervious 0. 41 acres pervious (grass) 0. 14 acres x 90% x 2" = 915 C.F. 0. 41 acres x 30% x 2" = 893 C.F. Required Vol . 1, 808 C.F. Use - two 12' pf-3. 5 ' dome 340 C.F. 15 ' of 12 ' 0 rings = 1, 513 C.F. Vol. provided 1, 853 C.F. System 2 0. 12 acres impervious 0. 24 acres pervious (grass) 0. 12 acres x 90% x 2" = 784 C.F. 0. 24 acres x 30% x 2" = 523 C.F. Required Vol. 1, 307 C. F. Use - one 1210-3. 5' dome = 170 C. F. 12 ' of 12 p rings = 1,211 C.F. Vol.provided 1. 381 C. F. Vol. provided 1, 381 C.F. System 3 0. 25 acres impervious 0. 16 acres pervious (grass) 0. 25 acres x 90% x 2" = 1, 634 C.F. 0. 16 acres x 30% x 2" = 349 C.F. Required Vol . 1, 983 C.F. Use - Two 120-1 '-8" domes = 168 C. F. 18 ' of 1210 rings = 1, 815 C.F. Vol . provided 1, 983 C.F. PAGE HENDERSON AND BODWELL CONSULTING ENGINEERS System 4 0. 38 acres impervious 0. 39 acres pervious (grass) 0. 38 acres x 90% x 2" = 2, 483 C.F. 0. 39 acres x 30% x 2" = 850 C.F. Required Vol. 3, 333 C.F. Use - 3-12 '.9-3. 5' dome = 510 C.F. 28 ' of 12 ',0 rings = 2, 824 C.F. Vol . provided 3,334 C.F. System 5 0. 07 acres impervious 0. 02 acres pervious (grass) 0. 07 acres x 90% x 2 ' = 458 C.F. 0. 02 acres x 30% x 2" = 45 C.F. Required Vol. 502 C.F. Use - one 1010-.1. 5 ' dome = 54 C.F. 7 ' of 10 'jf rings 479 C.F. Vol. provided 533 C.F. System 6 0. 25 acres impervious 0. 09 acres pervious (grass) 0. 25 acres x 90% x 2" = 1,634 C.F. 0. 09 acres x 30% x 2" = 196 C.F. Required Vol. 1, 830 C.F. Use - Two 121,' 3. 5 ' domes = 340 C.F. 16 ' of 12 ',Y rings 1,614 C.F. Vol . provided 1, 954 C.F. PAGE t HENDERSON AND BODWELL CONSULTING ENGINEERS System 7 0. 14 acres impervious 0. 05 acres pervious (grass) 0. 14 acres x 90% x. 2" = 915 C.F. 0. 05 acres x 30% x 2" = 109 C.F. Required Vol. 1, 024 C.F. Use - one 121f9-3. 5' dome = 170 C. F. 9 ' of 121,0 rings = 908 C.F. Vol. provided 1, 078 C.F. System 8, 0. 06 acres impervious 0. 01 acres pevious (grass) 0. 06 acres x 90% x 2" = 392 C.F. 0. 01 acres x 30% x 2" = 22 C.F. Required Vol. 414 C.F. Use - one 10 ',0-1. 5 ' dome = 54 C.F. 6 ' of 1010 ring = 410 C.F. Vol. provided 464 C. F. System 9 0. 19 acres impervious 0. 05 acres pervious (grass) 0. 19 acres x 90% x 2" = 1, 241 C.F. 0. 05 acres x 30% x 2" = 109 C.F. Required Vol. 1, 350 C. F. Use - one 12 ',0-3. 5 ' dome. = 170 C.F. 12 ' of 12 '0 ring = 1, 211 C. F. Vol. provided 1, 381 C. F. PAGE HENDERSON AND BODWELL CONSULTING ENGINEERS System 10 0. 11 acres impervious 0. 10 acres pervious (grass) 0. 11 acres x 90% x 2" = 719 C.F. 0. 10 acres x 30% x 2" = 218 C.F. Required Vol . 937 C.F. Use - one 1219f-3. 5 ' dome = 170 C.F. 8 ' of 121f0 rings = 807 C.F. Vol . provided 977 C.F. System 11 0. 67 acres impervious 0. 42 acres pervious (grass) 0. 04 acres pervious (woods) 0. 67 acres x 90% x 2" = 4, 378 C.F. 0. 42 acres x 30% x 2" = 915 C.F. 0. 04 acres x 10% x 2" = 29 C.F. Required Vol . 5, 322 C.F. Use - 4-1210 3. 5 ' domes = 680 C. F. 47 ' of 12 ' J0 rings = 4, 741 C.F. Vol. provided 5, 421 C.F. PAGE 00 0� Southold Town:,:.Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ' August 11 , 1 98 6 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Richard Pellicane , Esq .. 25 'Bowden Square Southampton , . NY 11968 AUG 12 1986. 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 re,views _.per Article XII„I ; (d) copy of Building Inspector ' s, amended certification as required by Section 1.00-133(C) ; (e) copy of executed agreement or contract with the Village of Greenport concerning public water and/or public sewer ; M. affi_davit certified by the applicant/property owners that the premises will be... served by public 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 1 k CHAI,RMAN._ cc : Building Department Planning Board C." PAL(A-1I . G�B0''��D tO �SO,U� �LD T A % ri S Southold, N.Y. 11971 (516) 765-1938 June 3 , 1986 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 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, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary y Mr.- John Costello appeared before the committee in reference to his proposed project of, 200 units ,on 48 acres on Moore's Lane. It is understood by Mr. .Cos- a k` tello, he is to pay the upfront money for water and sewer. Mr. Costello has a _! well on site, .which has been tested by our Consul"ting Engineers and .the Suffolk .County _Dept. of Health: The well has sufficient capc aity for the proposed project. Mr. Costellos application would qualify for "Ca-tegory B - Self Sustained" under the Water Departments' new -policy. Chairman Lieblein stated. that it is his under- ., .standing: that contracts. should be started for water & sewer and the cost of the well .development will be deducted from the up front money. They will also agree to .deed a designated area aurrounding the well to the Village Gree,nport. Mr. Costello said H2M r'ecomnends' 100' x 100.' for the well site. Motion by Mr. Levine, seconded by Mr. White that. the Utility Committee re- commend to. the Village Board that they authorize Supt. Monsell in conjunction sZ„ with the Village Attorney .to begin drafting sewer, water and electric contracts. Cr Carried: 4 Mr. & Mrs. George "Wetmore. requested from the Utility Committee the position n the,A ist of applications for -the Tide Mark Project. The proposed project is a s f"rom "San Simeon xr Motion nn by M. Levine, seconded by Mr. White that the Utility Committee recommend to the Village Board that authorization be given to Supt. ell in W=, conjunction with H2M and the Village Attorney, to begin drafting a �iter ontr act - for the- Tide Mark- Project with -no loading before October 1 , 1986, Carried. 5R Motion by Mr. Levine, seconded by Mr. White that the UtL�ty Committee recommends r3 � ' to the Village Board that they draw. up contracts for ewer for the Tide Mark h{: Project. Carried. 4 y ,,( � "�� rY The committee discussed the Sewer Treatment Agreement regarding the 7th Street. Sewer Project. " It Wording to be changed as .follows: } r In Item "Twelve," - The following sentence "It is contemplated by this contract that the OWNER anticipates construction of dwelling units.", " should be changed to clarify that. "OWNER" does not refer to Southold Town, but to the 'individual land owner of, dwelling unit. Y Also in Item "Twelve" - The sentence following previous sentence should be .changed to. read somehow that,`Upon execution of this agreement, the OWNER shall deposit-with the Village the sum of $2585.00 per- dwelling unit proir to connection. ' Motion by Mr. Levine, seconded by Mr. Heaney, that the Utility Committee recorrunend to the. Village Board .that the above changes are made, upon acceptance of the Village Attorney and then the Utility Committee will approve the Sewer . Treatment Agreement ,Contract. Carried. " Motion. by Mr.. Levine, seconded by Mr. White, that the Utility Committee recommend that the Village Board accept the following resolution. WHEREAS the Stirling Historical Society wishes to lease the brick building at the foot of 5th. Street, from the Village, and Nam" WHEREAS the Stirling Historical Society will maintain the building in ` q4 a good state of repair, and WHEREAS they„will make visible a plaque stating what the building was h# used for and it will not be intended as a public museum " NOW THEREFORE BE IT RESOLVED that the Utility Committee requests that the Village Board recons.ider. the requirements of insurance and look fav- orably upon leasing said property to. the Stir! ing Historical Society. t`) Y4"• 5 r Carried. r F C Page 3 " " •' .WHEREAS the Utility Committee has reviewed the 2 proposals for the Water Dept. Regulations and policy as presented to the Village Board_ by Trustee Cooper, and WHEREAS the Utility Committee is in agreement with the wording and feels that the policys and regulations. proposed will enhance the operation of the Water Dept. , and NOW THEREFORE BE IT RESOLVED that the Utility Committee recommends that the Village Board look favorably upon these proposals. Motion for the above Resolution by Mr. Heaney, seconded by Mr. Levine. Carried unanimously. 1 ;. Motion by Mr ' Levine, seconded by Mr. Heaney to acknowledge report by :�- Supt. Monsell and the letter from Posi 11 ico Const. Co. , Inc. reyar•diny the up front money of the August Acres Development. Carried. r' In regards to the request of Fanny Rodriquez for water and sewer connect- ion on Brown Street, Motion by Mr. White, seconded by Mr . Levine that .the Utility a " ; Committee recommend that 'the Village Board authorize Superintendent Monsell to connect water and sewer as long as the proper easement is supplied and the up front money is provided. Carried. FK The following motion was made by Mr. Levine, seconded by Mr. White, the f Utility Committee requests permission from the Village Board of trustees for r approval for any committee member who wish to attend the MEUA Southeastern Reyional Meeting in Rockville Centre on Thursday, June 5, 1986. Carried. u : Chairman Lieblein reported that he and Supt. Monsell interviewed the job 41pplicants for the Scavenger Waste Plant. Corinne Bednoski was hired as the Gate Keeper. Joe Bozeman and Thomas Cybulski were hired as sewer plant op- , fM erators. These positions will be paid. by a separate fund for the Scavenger Waste Plant. Me Utility Committee discussed the letter from Dennis Driscoll to George Penny, concerning the quality of Greenport Water. Motion was made by Mr. White, seconded by Mr. Heaney., authorizing Chairman Lieblein and Superintendent Monsell � > to draw up a letter to be- sent to. Mr. Driscoll and a copy to the Southold' Town ,' board,upon approval of the Utility Committee. Carried. The Utility Committee requests that Supt. Monsell report any information on the. Cleaves Point Condos and their watersupply ussage at the next meeting. M," ., :`.` Chairman Lieblein set a date for the next meeting for Monday June 23, 1986 r to be held at 6:30 p.m. Motion by Mr. Levine to adjourn the meeting at 9:30 - Carried. x r eery ' Submitted by, e: UTILITY OFFICE TEL. X11a (51.6)477-1748 ye o1r t9reen ore MAYOR r° GLOKGE W.HURBARO .. INCORPORATED 1674 POWER PLANT TEL. NEW INCORPORATION APRIL i,uu (516)477-0172 • TRUSTEES Rs-INCORPORATION UNDER GENERAL LAW NIAV 98, 1I04 .. IEANNE M.COOPER rq GAIL F.HORTON ' r ,T r' DAVID E.KAPELL ••• •••• ••'• a WILUAM H.•LIEBLEIN'. ' .. i ..,,. -• fp:NG ISLAND &JPT.OF UnUrIES .,c JAMES:I.NONSELL yNC n, 236 THIRD STREET GREENPORT, SUFFOLK COUNTY r NEW YORK 11944 UTILITY COMMITTEE ,v May 28, 1986 The Utility Committee met at the Utility .Office at 6:30 p.m. , Wednesday May 28, 1986, for an Inspection Tour of Facilities. The following were present; Chairman Wi111am ,Lieblein, Mr. Arthur Levine, Mr. Robert White, Mr. Bernard A Heaney, Treasurer John Spohn, 'Superintendent James 1. Monsell , Mrs. Ruth Oliva ri yYi and Mr. Frank Bear. Supt. Monsell headed the in depth tour of the Sewer Plant and its function. The committee there continued on to the new Scavenger Waste freatment Facility with Joe Bozeman explaining the process. The committee proceeded on to East Marion with explanations from Supt. Monsell about Plants 4-6,., 4-7, 4-8 and Plant 8.v The Utility Committee returned to the Utility Office at 8:UO and the Ufticial Utility Meeting was opened at 8: iO. Attending the meeting were; Chalrman ,Lieblein, Mr. White, Mr. Heaney, Mr. Levine, Treasurer Spohn, Supt. 1 , Monse1-1 Ruth Oliva, George and Barbara Wetmore and John Costello. r y Motion by Mr. White, seconded by Mr. Levine to approve the minutes of the April 28, 1986 meeting and to acknowledge receipt of Electric, Water and Sewer Plana loading thru April 1986. Carried. } Motion by Mr. Heaney, seconded by Mr. Levine to acknowledge receipt of the following correspondence: Letters from Supt. Monsell to Ted Snyder - ldgoon - 5/9/86 & 5/21/86. 2- H2M report on Ice Pond - 5/14/86 3- Letter from Jim Hansen - Oyster Point Transformers - 5/14/86. 4- Letter from Supt. Monsell to Warren Olsen - c/o Scavenyer Plant - 5/21/86. 5- Letter from Sam McLendon to Harold Berger - Wells 6-3 & 9 - 5/2/86. 6- Copy of bill from East Coast Well Drilling - Pump 4-6 - 5/6/86. ```• 7- LILCO & Greenport::Electric, Comparison Chart. 8- H2M letter concerning Plant 6 - Well 6-3 - 4/24/86. 9 Letter from NY Power Authorit y - customer refund - 5/9/86. y ?,> 1.0- Resolution from Utility Comm. - August Acres - 5/15/86. H- Resolution from Southold Town Board - S.C. Wager Authority - 5/6/86. 12- H2M letter - Costello Test Well - 5/7/86. 13- Letter from NY Power Authority - revised rates - 5/14/86. J 14- Letter from Pasillico Const. - August Acres' - 5/16/86. sry F , Carried. i Sfif 14Y... J L,� 17 1996 RICHARD PELLICANE (516) 283-7200 ATTORNEY AT LAW June 16, 1986 Ms. Diane Schultz Planning Board Southold Town Hall Southold, NY 11971 Re: Cliffside Associates (Application for 76 motel units) Dear Ms. Schultz: Pursuant to a request from Henry Raynor, I enclose one copy each of "Sewer Treatment Agreement" and "Water Supply Agreement" for the above application. Very truly yours, /G" e. ,e Richard Pellicane RP:mld enclosure cc: Mr. Henry Raynor r 25 BOWDEN SQUARE, SOUTHAMPTON, NEW YORK 11968 ---- ti JU WATER SUPPLY AGREEMMT AGREEMENT made this day of , 1986, 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 with principal offices located at 72 North Ocean Avenue, Patchogue, New York herein called the "OWNER". WHEREAS, the OWNER is desirous of developing and securing a supply of water for the project to be developed at the property shown on the map and preliminary site plan; and WHEREAS the OWNER is willing at its cost and expense to lay and install or cause to be laid and installed a complete water supply and distribution system which eventually shall be merged with that of the VILLAGE, including wells, water mains, hydrants, fittings and valves described on. the attached map and preliminary plan and to transfer and convey same to the VILLAGE upon completion or before, in whole or in part, and, if necessary, to give and. procure easements for the maintenance of the wells, 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 MEREAS OWNER is about to commence a develorment known as and wishes to construct a water supply well or wells, water mains and install hydrants on the certain rights of way on a certain map entitled consisting of drawings, which are attached. hereto, made a part hereof, and marked - 1 - , T EXHIBIT "B", and to connect with the Village Water System marked Exhibit "C" in conformity with �the Contract and Specifications for Furnishing and Installing Water Mains and Appurtenances, Project No. marked Exhibit "D", and as may be amended from time to time during the course of construction of the project ccn monly known as NOW, THEREFORE, in consideration of the premises and covenants herein, it is mutually agreed as follows: FIRST: OWNER will install at its own cost and expense, water supply well or wells, water main for supply and disribution, throughout the subdivision as more fully shown on the Exhibit attached hereto, prepared by . Said installation shall be in conformity with 'the agreement herein and the rules and regulations of the VILLAGE. SECOND. Locations of all wells, mains, hydrants, and appurtenances are shown on a copy of the map entitled THIRD. All necessary, engineering work, drilling, trenching, laying of pipe, joining, backfilling shall be done by U&M and shall sometimes hereinafter be called the "WORK". FOURTH. The VILLAGE will supply the hydrants for installation at the locations shown on said map. OWNER will. reimburse the VILLAGE for all hydrants located within the subdivision. FIFTH: As more fully set forth in paragraph 5IX'i'EEN hereof, payment shall be as follows: �a fee equal to twenty (200) percent of the total monies to be paid to the VILLAGE for ,the entire project shall be paid upon execution of this contract by both parties. Upon request for building permits, an additional twenty-five (25%) percent of the peY-unit.fee for all units requesting a permit shall be paid based upon the current per unit fee in force and effect by the VILLAGE at the time of the ficate of Occupancy from the Town of Southold, the request. Upon request for a Certi - 2 - S final fifty-five (550) percent of the fee for each such unit must be paid and the said fee shall be based upon the current fee at. the time of the request. The OWNER shall be entitled to credit.for the expenses of cost of construction of the well or wells as shall be approved by. the Superintendent of Utilities at the time the final fifty-five (55%) percent payment is due. SIXTH. Additional 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 provided the VILLAGE is given no less than 21 days notice, and subject to the availability of the hydrants from the suppliers to the VILLAGE. SEVENTH. Until such time as rental for such hydrants is assured and paid for by the Fire Prevention District, OWNER will pay 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. EIGHTH.. The standards for the installation of the water supply well or wells piping and the hydrants shall be in accordance with the following specifications: (1) Johns Manville asbestos cement pipes class 150 AWWA Spec. C-400, or equal; 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. NINTH: The VILLAGE will supply without charge to OWNER sufficient 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. TENTH. 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 promises and the WORK - 3 - 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 backfilling shall be done until the pipe and the work in the trench has been approved and tested by the inspector. ELEVENTH: 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 mains 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 water supply well or wells, mains,. both supply and districution, and appurtenances, including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or private 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 easement 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". TWELFTH. 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 internally of the water main 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, sewer or other main or service .necessarily crosses the water mains, aAMER will advise the VILLAGE in writing of the exact location of the intersection forthwith upon installation acid shall supply maps to the VILLAGE showing the exact locations. Said intersections shall not be permitted without prior written consent of the VILLAGE. - 4 - THIRTEENTH. If OWNER contracts with a third party for the WORK, as the parties contemplate will be the case, the VILLAGE will examine the proposed contract, plans and specifications, and promptly furnish OWNER and the third party contractor with a written 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 their. FOURTEENTH. Upon completion, inspection and approval of the WORK, the VILLAGE will supply water to the development and the owners of the lands therein at the rates and pursuant to the rules and regulations of.the VILLAGE in force from time to time. FIFTEENTH. The parties understand that final approval of the subdivision map 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 contractually assuring to OWNER public water supply, if such subdivision approval is secured. SIXTEENTH. A one inch (1") service line shall be installed to each lot, with a curb stop near the property line. This installation is under the direction and supervision of the Greenport Water Department. SEVENTEENTH.'- The VILLAGE requires a cash contribution of per 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 supply. It is contemplated by this contract that the OWNER anticipates construction of dwelling units. Upon execution of this agreement, the OWNER shall deposit with the VILLAGE the sum of times dwelling units for the total of in bank or certified check. - 5 - This per dwelling 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 dwelling 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 dwelling unit amount specified herein and the per dwelling unit amount required by the VILLAGE at the time of the application of water times the number of dwelling 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 water. In the event that the OWNER does not canplete the project as contemplated by this agreement or does not make application for the full number of dwelling 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. EIGHTEENTH. The WORK contemplated by this agreement shall be camleted within 24 months of final approval of plans by the Town of Southold for each portion, of the development, or within additional periods of 24 months each, however, it is hereby mutually agreed and understood that all specifications in reference to materials used for the construction of said system, the WORK to be ccupleted, and/or water to be supplied shall be changed to conform with the then current standards as set by the VILLAGE of Greenport Utility Department, its successor, or its authorized agent at each such interval. NINETEENTH. 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 - 6 - OWNER shall in confirmation of such passage of title, execute an instrument trans- ferring and assigning to the VILLAGE the title, free and clear of all encumbrances or liens to the water supply wells, 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 water supply wells and mains lie a proper easement in favor o 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. TWENTIETH. The VILLAGE agrees that when the installation, laying of the water supply well or wells, 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 willaccept the assignment and conveyance of the water supply well or wells, 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. TWENTY-FIRST. Should the OWNER.desire to lay the mains 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. TWENTY-SECOND. This agreement contains the complete agreement between the parties for the acquisition by the VILLAGE of the water supply well or wells, 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 water supply well or wells, mains, valves, fittings or hydrants and acceptance of the terms of this agreement, notwithstanding the provisions of any general or special - 7 - t ' law to the contrary which may or may not be enacted. _ TWENTY-THIRD. This agreement shall enure to the benefit and shall bind the respective heirs, legal representatives, .successors or assigns of the parties hereto. TWENTY-FOURTH. This agreement shall not be assignable by the OWNER without the consent in writing of the VILLAGE, which consent shall not be unreasonably with- held. IN WITNESS WHEREOF, the parties have executed this agreement in four (4) counterparts, all of which shall constitute originals, the day and year first above written. ATTEST: VILLAGE OF GREENPORT Clerk By: Mayor CLIFFSIDE ASSOCIATES By: - 8 - JUN 17 1986 SEWER TREAT= AGREEMENT AGREEMENT made this day of , 1986, 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 with principal offices located at 72 North Ocean Avenue, Patchogue, New York herein called the 'OWNER". WHEREAS, the VILLAGE owns and operates a municipal sanitation sewage treatment plant and collection system within its territorial boundaries, WHEREAS, the OWNER is desirous of securing a sewage collection system 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 collection system described on the map and preliminary plan and to transfer and convey same to the VILLAGE upon. completion and if necessary to give and procure easements for the maintenance of said sewage collection system, and WHEREAS, the VILLAGE is willing to collect the sewage from the project, and the parties have agreed upon the terms and conditions 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 and WHEREAS, OWNER is about to commence a development known. as at , Town of Southold, New York and wishes to construct a sewage collection facility on the certain rights of way on a certain.map entitled , consisting - 1 - J UN 17 1986 of drawings, which are attached hereto, made apart 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 covenants 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 subdivision as more fully shown on the Exhibit attached hereto, prepared by dated 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 Green- port. THIRD. All necessary engineering work, trenching, laying, joining, backfilling shall be done by OWNER and shall sometimes herein- after be called "WORK" . FOURTH. The standards for the installation of the piping and the hydrants shall be in accordance with the following specifications: FIFTH. As more fully set forth in paragraph SIXTEEN hereof, payment shall be as follows: a fee equal to twenty (20%) percent of the total monies to be paid to the VILLAGE for the entire project shall be paid upon execution of this contract by both parties. Upon request for building permits, an additional twenty-five (25%) percent of the per unit fee for all units requesting a permit shall be paid based upon the curren per unit fee in force and effect by the VILLAGE at the time of the re- quest. Upon request for a Certificate of Occupancy from the Town of 2 - Southold, the final fifty-five (55%) percent of the fee for each such unit must be paid and the said fee shall be based upon the current fee at the time of the request. The OWNER shall be entitled to credit for the expenses of cost of construction of the well or wells as shall be approved by the Superintendent of Utilities at the time the final fifty- five (550) percent payment is due. SIXTH. The work shall be inspected by the VILLAGE which here- by 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 for all proper times so as not to delay the work. No work not passed by the inspector will be accepted by the VILLAGE. No backfilling 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 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 appurte- nances including domestic services in the full length and width of what is now or hereafter existing public or private 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 - 3 - i 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 treat- ment 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 service necessarily crosses the sewage collection facility will advise the 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 permitted without prior 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 examine the proposed contract, plans, and specifications, and promptly furnish OWNER and the third party contractor with a written statement of what part, if any, of the WORK proposed to such contract should be revised to insure approval by the VILLAGE. The VILLAGE will not require any ab- normal 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 regulations of the VILLAGE in force from time to time. ELEVENTH. The parties understand that final approval of the subdivision map has not been given by all necessary public authorities . The VILLAGE enters into this agreement to assist OWNER in securing such 4 _ approval, and by way of contractually assuring to OWNER public sewage system if such subdivision approval is secured. TWELFTH. The VILLAGE requires a cash contribution of Two Thousand Five Hundred and Eight-Five Dollars ($2, 585. 00) per dwelling unit to be placed in the VILLAGE' S Sewer Department Reserve Fund 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 seventy-two (72) dwelling units. Upon execution of this agreement, the OWNER shall deposit with the VILLAGE the sum of Twenty-Five Hundred and Eighty-Five dollars (2, 585 . 00) times 72 dwelling units for the total of ONE HUNDRED EIGHTY SIX THOUSAND ONE HUNDRED TWENTY and 00/100 ($186,120. 00) DOLLARS in bank or certified check. This per dwelling unit amount may be amended from time to time depending on findings by the VILLAGE ' S consulting engineers, Holzmacher, McLendon and Murrall, P.C. or their successors and upon approval by the Village Board of Trustees. In the event that the dwelling 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 dwelling unit amount specified herein and the per dwelling unit amount required by the VILLAGE at the time of the application for sewer hook-up times the number of dwelling 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 sewage. 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 dwelling units -5- allotted or specified herein, the VILLAGE shall keep all funds so depos- ited by the VILLAGE as the sole exclusive property of the VILLAGE and the OWNERS shall have no claim thereon. THIRTEENTH. The VILLAGE agrees that in consideration of the payments herein to be made, the VILLAGE will reserve for the OWNER an allocation of gallons of sewage per day which is hereby agreed between the parties to be sufficient for 72 dwelling units. Additionally, the VILLAGE agrees to utilize the monies paid upon execution of this agreement for future addition of sewage capability to the sewer treat- ment plant of the VILLAGE. FOURTEENTH. 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 specifications in refer- ence to materials used for the construction of said system, WORK to be completed, and/or sewage collection facility shall be changed to con- form with the then current standards as set by the Village of Greenport Sewage Department, its successor, or its authorized agent at each such interval. FIFTEENTH. The OWNER agrees that upon completion of the WORK in accordance with any contract made pursuant hereto, title to the sewage collection facility so installed and laid shall be deemed to bhe District in the VILLAGE, and the OWNER shall in confirmation of such passage of title, execute an instrument transferring and assigning to the Sewage Collection Facility the title, free and clear of all encum- brances or liens to the sewer lines so laid and installed and if -6- J 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 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. SIXTEENTH. 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 given, all as herein- before 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 conditions, rates, rules and regulations of the VILLAGE. SEVENTEENTH. 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. EIGHTEENTH. 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 installation of the sewage collec- tion system and acceptance of the terms of this agreement, notwithstand- ing the provisions of any general or special law to the contrary which 7 7 may or may not be enacted. NINETEENTH. This agreement shall enure to the benefit and shall bind the respective heirs, legal representatives, successors or assigns of the parties hereto. TWENTTIETH. This agreement shall not be assignable by the OWNER without the consent in writing of the VILLAGE which consent shall not be unreasonably with- held. IN WITNESS WHEREOF, the parties have executed this agreement in four (4) counterparts, all of which shall constitute originals, the day and year first above written. ATTEST: VILLAGE OF GREENPORT By Clerk mayor CLIFFSIDE ASSOCIATES By - 8 �VIA R 2 0 1986 March 14, 1986 Chairman - Town of Southold Planning Board Main Road Southold, NY 11971 Re: Application of Cliffside Associates Dear Sir: Enclosed please find six (6) copies of the site plan and elevations for the construction of 72 motel units . This submission is an alternative submission to the original application made by the applicant for the construction of 46 residential condominiums . In considering this alternative application, the engineering work previously done, which is to same as will be required by the present application, should be considered by your Board. I have simultaneously herewith filed a copy of the site plan with the building inspector for his certification and, in addition, have filed six (6) copies of the plan and applica- tion with the Board of Appeals requesting special exception approval. Since the Board of Appeals took lead agency status in the SEQRA process and a DEIS having been previously filed with them, I have filed a short form environmental assessment and am enclosing a copy for you. I would appreciate your placing this matter on your calendar for consideration and discussion and your advising me of that date so that I may be in attendance. If you have any questions, please feel free to contact me . Very truly yours, RICHARD PEI JCANE (516) 283-7200 ATTORNEY AT LAW / March 25, 1986 Mr. Henry Raynor Cardinal Drive Mattituck, NY 11952 Re: Tide Mark (Cliffside Associates) Dear Henry: The enclosed copy is self-explanatory and. should fulfill the requirements you outlined to me in our conversation yester- day. Please proceed and please get back to me after your informal hearing on Friday. My home phone number is 283-5224 . Neil Esposito is a CPA in Pat ogue and i-.,_ the sole general partner in the limited partnersb(ip known as Cliffside Associates. There are 5 limited partners, a d I can get their\ names, if neces- sary, but Esposito is the genera partner. !. I Very yours, ichard Pellicane RP:mld enclosure 25 BOWDEN SQUARE, SOUTHAMPTON, NEW YORK 11968 RICHARD PELLICANE (516) 283-7200 ATTORNEY AT LAW March 24 , 1986 Mr. Henry Raynor Cardinal Drive Mattituck, NY 11952 Re: Tide Mark (Cliffside Associates) v. Town of Southold Dear Mr. Raynor: This is to assure you that upon approval of the applica- tion for 70 motel units, the plaintiffs in the above action will discontinue against the Town with prejudice provided the Town so consents. Very truly yours, Richard Pellicane RP:mld 25 BOWDEN SQUARE, SOUTHAMPTON, NEW YORK 11968 4 RICHARD PELLICANE (516) 283-7200 ATTORNEY AT LAW March 19, 1986 Mr. Henry Raynor Cardinal Drive Mattituck, NY 11952 Re: Tide Mark (Cliffside Associates) Dear Henry: I am the attorney for Cliffside Associates/Tide Mark. This letter is to document that you are acting as my agent on behalf of the client in submission to the administrative agencies of the Town of Southold. Very truly yours, Richard Pellicane RP:mld 25 BOWDEN SQUARE, SOUTHAMPTON, NEW YORK 11968 L k ` nn th ' tedaldi � � . J December 3 , 1984 Southold Town Planning Board Main Road Southold, New York 11971 Attention: Diane Schultz Reference : Tide Mark Enclosed please find application filing fee in the sum of $50 . 00 . Thank you for your cooperation. g�°� T y50;;.J LD c� ►-n Southold, N.Y. 11971 (516) 765-1938 September 13, 1985 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Re: Tide Mark Dear Mr. Raynor: As per your request, enclosed are copies of the Planning Board minutes regarding the above mentioned proposal. Would you please forward $1. 25 at your earliest convenience to pay for the copies. (5 copies at . 25) . If you have any questions, please don' t hesitate to contact our office. Very truly yours, &tAttt- atZW�4-� cal BENNETT ORLOWSKI, JR. , AIRMAN .SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. FOR YOUR Y Iry� OFFICE?=.OF T.OWNA`.AT 'ORNEY ROBERT W.TASKER TOWNOF.SOUTHOLD TELEPHONE Town Attorney n (516) 477-1400 Wit,<<:Ertl MEIVED 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 July 10, 1985 °tio�m Clerk Southold Richard Pellicane, Esq. 25 Bowden Square Southampton, New York 11968 Re: Tide Mark '(Cliffside Associates) Dear Mr. Pellicane: Your letter of June 12, 1985 was considered by the Town Board at its last meeting. It was the consensus of the Town Board that, contrary to your ascertions, the Town Board believes that. it is well aware of all of the facts concerning 'this matter and, accordingly; sees no reason for a hearing on the matter. Yours very truly; ROBERT W. TASKER RWT :aa �T aNJ JUN 14-1 RICHARD PELLICANE (516) 283-7200 ATTORNEY AT LAW June 12 , 1985 Mr. Robert W. Tasker Southold Town Attorney 425 Main Street Greenport, NY 11944 Re: Tide Mark (Cliffside Associates) Dear Mr. Tasker: Thank -you for your letter of June 11, 1985 . The Code Committee apparently did. not. have all the facts . An application had long since been pending and is currently still pending. The fact that the application was not a "completed application" was the result of excessive delays by various admin- istrative agencies and not a result of timing by the applicant. Therefore, it was impossible to complete. Under any _gauge of reason, the pending application could have been and should have . been completed well prior to the purported zone change. Fairness would dictate that the applicant be given an exemption. I understand. that the purported change in the ordinance is void due to jurisdictional defects. Therefore, the continuing application remains before all appropriate boards. / I respectfully request a hearing before the Town Board, the Code Committee, and the Planning Board. Very truly yours, Richard Pellicane RP:mld cc: Mr. Bennett Orlowski, Chairman Southold Town Planning Board �\ 25 BOWDEN SQUARE, SOUTFfAbiPTON, NEW Y ORK 11968 COPY FOR YOUR INFORMATION OFFICE.OF�TOWN'>?ATTORNEY ROBERT W.TASKER TOWN;QF,SQUTHQLD TELEPHONE Town Attorney "".,. (516) 477-1400 M .E fib_.. , .. 425 MAIN ST. - GREENPORT L.I., NEW YORK 11944 Tovm Cleric 5oUtrwO June 11, 1985. Richard Pellicane, Esq. 25 Bowden Square Southampton, New York 11968 Re: Tidemark (Cliff side Associates) Dear Mr. Pellicane: The Southold Town Board has requested that I respond to your May 22, 1985 letter relative to the above matter. As you know, this matter was referred to the Code Committee for its consideration, at which meeting the attorney for Tidemark appeared. In considering this matter, the Code Committee was advised by the Chairman of the Planning Board that, at the present time, a completed application was not pending with the Planning Board. The Code Committee concluded that since no . applications were pending, there was no reason to provide for any exemptions with respect to the change in density in question. The Town Board concurred with the conclusion of the Code Committee and, accordingly, no action is contemplated at this time. Yours very truly, ROBERT W. TASKER RWT:as COPY FOR YOUR INFORMATION RICHARD PELLICANE (516) 283-7200 ATTORWEY AT LAW MAI a-5 May 22, 1985 7 C efk Souftld Southold Town Board Main Road Southold, NY 11971 Re: Tidemark (Cliffside Associates) Gentlemen: I represent the applicant herein. I respectfully direct your attention to the fact that current change of zone did not follow the precedence set last year wherein you upzoned to 2 acre residential giving a "grandfather clause" for pending applicants during a 6-month period in which they could oper- ate under. the older existing regulations. I submit to you that the failure to do so in this recent change of zone represents an oversight on your part and that this error in procedure is scxnething which you might wish to consider changing- The present application, so far as I and my client are aware, is the only one which would come under the relief given by a "grand- father clause" and we think in the spirit of fairness that this should be extended to the pending application. Your prompt attention to this matter would be very much appreciated. Thank you. r trulyVery our ' 2 Richard Pellicane RP:mld 5 25 BOWDEN SQUARE, SOUTHAMPTON, NEW YORK 11968 s JAY 2 2 1985 RICHARD PELLICANE (516) 283-7200 ATTORNEY AT LAW May 21, 1985 Southold Town Planning Board Main Road Southold, NY 11971 Re: Tidemark (Cliffside Associates) Gentlemen: I represent the above applicant. We are continuing our original application which was begun during the year 1984 by Irving Price, Esq. We would appreciate your advice as to what additional materials you require from us at this time so that the continuance of this application can proceed without impediment. Thank you. Very truly yours, Richard Pellicane RP:mld 25 BOWDEN SQUARE, SOUTHAMPTON, NEW YORK 11968 T "AY 2 2 19 RICHARD PELLICANE (516) 283-7200 ATTORNEY AT EAW May 21, 1985 Town Clerk Southold Southold Town Board Main Road Southold, NY 11971 Re: Tidemark (Cliffside Associates) Gentlemen: I represent the above applicant. We are continuing our original application which was begun during, the year 1984 by Irving Price, Esq. We would appreciate your advice as to what additional materials you require from us at this time so that the continuance of this applica- tion can proceed without impediment. Thank you. Very truly yours, Richard Pellicane RP:mld 25 BOWDEN SQUARE, SOUTHAMPT.ON, NEW YORK 11968 MAY 7 ins o y Cjr; Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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 May 6 , 1 98 5 JOSEPH H. SAWICKI To : Mr. Robert. F. Flacke , 'Commissioner N .Y'. S. Department of .Environment.al Conservation 50 .Wolfe Road _. Al bang, NY 12233 Mr . Stephen A. Costa ,"P .'E. , Chief . Wastewater Management Section Suffolk County Department of .Health Services County Center Riverhead , 'NY 11901 Mr. Thomas J . McDonald N . Y'. S'. Clearinghouse St.a-te . Capitol Al ba'ny , _NY 12224 L . I'. Regional Planning Board Veterans Memorial Highw'a.y Hauppauge ; 'NY 11787 _ . Southold. Town P1 anni'ng Board Town Hall Southold,. 'NY 1 1 971 Re : Appeal No . 3349 Cl i ffsi de. Asso.ci ate§./Tide Mark Fo_rty.-Six .'D we.IIi_ng Units = 7 acres -. N/S C . R: 48 , Greenport N . Y . S. Environmental Quality: Review_._.Act Process`. (SEQRA)_. Gentlemen : In accordance with the pr.o_vi.si.ons of Section 617 . 8 of the State Envi.ronmental Quality Review .Act, coordinated here-with.. for your review and reply are t_he fo7lowi:ng : (1 ) Notice of PositiV-Declaration of Lead Agency and Request for Preparation of DEIS; _ f TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR �� m P.O. BOX 728 TOWN HALL SOUTHOLD,N.Y..11971 April 4,1985 Planning Board Town of Southold Main Rd. Southold, N.Y. 11971 Subject: Site Plan, Tide Mark dated April 4,1985 Gentlemen: The subject premises is located in a..M-1, General Multiple Residence District. The pro- posed use is permitted by a special exception by the Zoning Board of Appeals. Art.V Sec.100- 50 B (3) Upon receipt of a special exception this site plan would qualify for certification in meeting zoning regulations. LTruly, r Iy�%lI�LL►- Edwari 4Hinder Building Inspector EH:dsm A. l MCNULTY, DI PIETRO &.':HAEFELI ATTORNEYS & COUNSELORS AT LAW - 130 OSTRANDER AVENUE / P. O. BOX 757 RIVERHEAD,'NEW YORK .11901 , 516 727-8200 �JIETRO HAEFELI r April 3, 1985' I` Building Deptartment Town of Southold Main Road jy Southold..•. NY -11971 Re: Application of C1_iffside Associates (Tide .Mark), ; Ih Gentlemen: I I am enclosing -herewith three :(3,) , revised copies of the site plan relotive td the above for your•,reviaw and ce'r7ti.�:�catic►-� to tive Planning 13oard. G The site plan has -been revised to reflect that the distance D betwep-n the t6uildings are two times the height . of. th'e highest • a, building. The ,plan .hRs also been- revised to eliminate 'the parking spaces between Building Fe , Ih Very,,truly yours, Ik -RICHARD T. HAtPELI RTH:l mw Enclosures ' I' cc :Planning Board r i McNULTY, DiPIETRO & HAEFELI ATTORNEYS S COUNSELORS AT LAW 130 OSTRANDER AVENUE P. O. BOX 757 RIVERHEAD, NEW YORK 11901 516-727-8200 JOHN R.McNULTY SOUTHAMPTON OFFICE ARTHUR DiPIETRO 273 HAMPTON ROAD RICHARD T.HAEFELI SOUTHAMPTON,NEW YORK 11958 JAMES SPIESS 516-283-8899 PAT FRANK NESCI OF COUNSEL April 3 , 1985 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Application of Cliffside Associates (Tide Mark) Gentlemen: Enclosed herewith find three (3) copies of revised site plan together with a copy of my letter to the Building Inspector. Very truly yours, RICHARD T. HAEFELI RTH:lmw Enclosures TEL. 165-1802 .o�'vFF�L��OG is TOWN OF SOUTHOLD y�c OFFICE OF BUILDING INSPECTOR z P.O. BOX 728 �'D �* TOWN HALL SOUTHOLD,N.Y. 11971 March 26 ,1985 Planning„Board Town of Southold Main Rd. Southold, N.Y. 119.71 Subject: Tide Mark Site plan dated 2/28/85 Gentlemen: The attached site plans were. submitted to our office from Richard T.Haefeli Atty. for review and certification. Art V, Sec. 100-52. A. requires that..principal build- ings be separated for a distance equal to two times the height of the highest building. Buildings D,E & F as listed under schedule on cover sheet, state average height of roof to be 27'-6 Distance separation should there- fore be 55 '-0" between all principal buildings. In. view of this certification of .this. site:..plan_:can not be made. y Yours Tru ,s Edward Hindermann : Building Inspector EH:dsm J McNULTY, DiPIETRO & HAEFELI ATTORNEYS S COUNSELORS AT LAW 130 OSTRANDER AVENUE P. O. BOX 757 RIVERHEAD, NEW YORK 11901 JOHN R. McNULTY 516 727-8200 SOUTHAMPTON OFFICE ARTHUR DiPIETRO 273 HAMPTON ROAD RICHARD T.HAEFELI SOUTHAMPTON,NEW YORK 11968 JAMES SPIESS 516-283-8899 t >� PAT FRANK NESCI p � � OF COUNSEL March 6, 1985 Chairman - Planning Board Town of Southold Town Hall Main Road Southold, NY 11971 Re: Application of Cliffside Associates/Kenneth Tedaldi (Tide Mark) Dear Sir: Based upon the letter from the building inspector dated March 1, 1985, I enclose herewith six (6) copies of the revised site plan which shows that the number of units has been reduced from 47 to 46 and further that the distance between the buildings is at least twice the building height as provided for in the Code. Since no building is higher than lg feet, the size of the buildings being noted on the site plan itself. I am also enclosing six (6) copies of architectural drawings which further show the size of the buildings. _ I For your information, I have filed an application with the Board of Zoning Appeals requesting a special exception. I have also filed three (3 ) copies of the new site plan with the building inspector requesting that he certify same. I would appreciate your placing this matter on your calendar for the March 18, 1985, meeting. Very truly yours, RICHARD T. HAEFE I RTH:lmw Enclosures i1 // MAR 8 s/ 828 FRONT STREL:T,BOX 627 MONTAUK HIGHWAY,BOX 972 GREENPORT,NEW YORK 11944 AMAGANSETT,NEW YORK 11930 �.. (5 16)477-0798 (516) 267 8810 1 March 4,� .1-, r� � Supervisor Francis J. Murphy ii �`'��'� ' 0y�.� ..,t; Southold Town Hall -- Main Road Southold, NY 11.971 ii,; S MARl85 ' I~U __•� rl-d —._-. Re: Tide Mark Resort ��`�• ": `'��'���� Dear Legislators: r I am writing you in reference to the "Tide Hark" Resort located across from the San Simeon Nursing Home in Greenport. Mr. Kenneth J. Tedaldi has done considerable work on the final site plans, which are in the Planning Board's hands. I have known Mr. Tedaldi for ten years, and have found him to be of the H I G H E S T caliber, as well as the homes and resorts he builds. Mr. Tedaldi has' a land cost, all cash, of approximately $1 ,500,000.00. ..�u lie has, to date, completed all his engineering work and architectual renderings at considerable expense; and his environmental study shall be ready in a few weeks (it was not needed, but he had one done anyway) . We have applied to the Village of Greenport for water and sewer. The Utility Committee has Approved both for contract, and we are awaitinn for passage by the Village Board, which has been assured. The replacement fee for both is $197,400.00 and paid on signing. The reduction in density, you propose, would do irreparable harm to him and us. Please may we sit down and discuss a way where the "Tide 'iark" Resort may be exempted from the reduction in density. When you increased house lots to two acres, you allowed many of the land owners, who had their plans well along, to apply for an exemption, couldn't you do that for us also? I truly believe you do not intend to harm my family. Sincerely, - GWW:JW George W. Wetmore MAR 1 19 5 TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR An P.O. BOX 728 n . TOWN HALL SOUTHOLD, N.Y. 11971 March 1 ,1985 Planning Board Town of Southold Main Rd. Southold, N.Y. .119.71 Subject: Tide Mark site plan Gentlemen: The subject property is zoned for M-1 use. The proposed use is- permitted by;special except- ion.of the Zoning Board of Appeals Art V, Sec 100-50 B. (3 . ) The 47 unit proposed does not quite meet the density requirement for the 7 .002 acres. The building separation is less than per- mitted. A building height of 35 '-0" would re= quire a building separation of 70 '-d" . Based on the foregoing this site plan does not qualify for certification in meet- ing zoning regulations. You tru Edward Hindermann Building Insp. �\ EH:dsm McNULTY, DiRIETRO & HAEFELI ATTORNEYS & COUNSELORS AT LAW 130 OSTRANDER AVENUE P. O. BOX 757 RIVERHEAD, NEW YORK 11901 516-727-8200 JOHN R. McNULTY SOUTHAMPTON OFFICE ARTHUR DIPIETRO 273 HAMPTON ROAD RICHARD T.HAEFELI SOUTHAMPTON,NEW YORK 119458 JAMES SPIESS 516-283.8899 PAT FRANK NESCI OF COUNSEL February 28, 1985 Chairman, Planning Board Town of Southold Main Road Southold, NY 11971 Re: Application of Kenneth Tedaldi (Tide Mark) Property: Greenport, New York Dear Sir: Please be advised that this office now represents Mr. Tedaldi regarding his site plan application for Tide Mark. I enclose herewith copy of a letter, the original of which I have filed with the Building Inspector. In addition, I am enclosing six (6) copies of the site plan and a copy of the drainage calculation and ask that this matter be scheduled for your March 18, 1985, meeting so that it can be considered and approved by your Board. If you wish to discuss this plan prior to the meeting, I would be happy to do so. Very truly yours, -RICHARD T. HAEFELI RTH:lmw , � Enclosures 41 '-:MCNULT'Y, -D1 PI�ETR`O & -HAE`FEL'I :f r •ATTORNEYS & COUNSELO•RS•AT LAW ]'30'.O ST RANDER AVENUE'r • - •' ' ]{{I r P O BOX 75;7 'rRfVERHEAD 'IJEW YORK f1901 JOHN R, McNULTY ;• r 5t6. 7, 200.._. ARTHUR DI PIETRO z RIGHARD T HAEFELI" = ' '�. •rr } ; , - k' ' '� I �'��ruary 28, 1985 lr. Victorl�rssard k �uil cl3nq�xn."sp[��tor Town of.=`houthold ; - outholc3, NY 1]971• ' Re• A?Plicc t on 7of. FCsnneth 7Pc�ialc i (Tide Mark)Y r;©per,ty�- Gree iport`,.. ;New York C •Deaax*M Lessar3• r F, Pur•auant to- _the-,:,site:plan,'provisions of .the. Zon In, Code' ,.-,i'; r enciaae Yierewith :thiree";;,(.3) 'capie s -;o� 'mite �Iar� t'ogether:'with drainage :cal.cul.aton:'for •our review and: cert1f,3catzcin.• j I belief a tktese `plansi meet the, requiremeni'a-:.off £he Zoning Code arid';- •accora.ingly,, woiiicl'.ask .that '-,you:,cert:L,Y 'the` plari arid. forward' two 2f, cos to ::the P�annin ..s8oard. p,,. a `T , wish 4to*h`ave'•thka..matter placed- on the planning �3oard '8 calendar for, their, r�iAetrig 'on` March, Y nary truly your`, RtH i`lntw : cc. Chaa rnian', P'lanririg' Board 0 BAR 1 HENDERSON AND BODWELL CONSULTING ENGINEERS - - - TIDEMARK DRAINAGE CALCULATIONS Design - Storage of 2" Rainfall Impervious @ 90% Pervious (grass) @ 30% Pervious (woods) @ 10% System 1 0. 15 acres impervious 0. 16 acres pervious (grass) 0 . 15 acres x 90% x 2" = 980 C.F. 0. 16 acres x 30% x 2" = 349 C.F. Required Vol 1 , 329 C.F. Use - one 1210-3.5 ' dome = 170 C.F. 12 ' of 12 ' 0 rings = 1,211 C.F. Vol. provided 1,381 C.F. System 2 0 .15 acres impervious 0. 13 acres pervious (grass) 0. 15 acres x 90% x 2" = 980 C.F. 0. 13 acres x 30% - x 2" = 283 C.F. Required Vol . 1,263 C.F. Use - one 1210-118" dome = 84 C.F. 12 ' of 120 rings = 1,211 C.F. Vol . provided 1 , 295 C.F. System 3 0 . 32 acres impervious 0 . 19 acres pervious (grass) 0 . 32 acres x 90% x 2" = 2,091 C .F. 0 . 19 acres x 30% x 2" = 414 C. F. Required Vol . 2, 505 C .F. Use - Two 120-1 '-8" domes = 168 C.F. 24 ' of 1210 rings = 2 ,422 C.F. Vol provided 2 , 590 C.F. HENDERSON AND BODWELL CONSULTING ENGINEERS System 4 0. 49 acres impervious 0 .43 acres pervious (grass) 0 .04 acres pervious (woods) 0 .49 acres x 90% x 2" = 3,202 C.F. 0 .43 acres x 30% x 2" = 937 C.F. 0.04 acres x 10% x 2" = 29 C.F. Required Vol. 4 ,168 C.F. Use - 4-1210-3. 5 ' dome = 680 C.F. 36 ' of 1210 rings = 3,632 C.F. Vol. provided 4, 312 C.F. System 5 0 . 11 acres impervious 0 .03 acres pervious (.grass) 0 . 11 acres x 90% x 2" = 719 C.F. 0 .03 acres x 30% x 2" = 65 C.F. Required Vol. 784 C.F. Use - one 10 ',0-1. 5 ' dome = 54 C.F. 11 ' of 1010 rings = 753 C.F. Vol . provided 807 C.F. System 6 0 . 25 acres impervious 0 .09 acres pervious (grass) 0 . 25 acres x 90% x 2" = 1 ,63= C.F. 0 .09 acres x 30% x 2" = 196 C. F. Required Vol . 1 ,830 C.F. Use - Two 12 '0 3 . 5 ' domes = 340 C.F. 16 ' of 1210 rings = 1,614 C.F. Vol . provided 1,954 C.F. HENDERSON AND BODWELL CONSULTING ENGINEEF15 System 7 0 . 20 acres impervious 0 .05 acres pervious (grass) . 0. 20 acres x 90% x 2" = 1,307 C.F. 0 .05 acres x 30% x . 2" = 109 C.F. Required Vol . 1,416 C.F. Use - one 12'0-3.5' dome = 170 C.F. 13' of 1210 rings = 1,311 C.F. Vol. provided 1,481 C.F. System 8 0.11 acres impervious 0 .03 acres pervious (grass) 0 . 11 acres x 90% x 2" = 719 C.F. 0.03 acres x 30% x 2" = 65 C.F. ' Required Vol. 784 C.F. i Use - one 10 '0-1. 5 ' dome = 753 C.F. 11' of 1010 ring = Vol. provided 807 C.F. System 9 ' 0 . 19 acres impervious 0.05 acres pervious (grass) 0 .19 acres x 90% x 2" = 1,241 C.F. 0 .05 acres x 30% x 2" = 109 C.F. f Required Vol . 1,350 C.F. Use - one 1210-3 .5' dome = 170 C.F. 12 ' of 1210 ring = 1,211 C.F. Vol . provided 1,381 C.F. 4 CONSULTING ENGINE* HENDERSON AND BODWELL System 10 0 . 35 acres impervious 0 . 13 acres pervious (grass) 0. 35 acres x 90% x 2" 2, 287 C.F. 0 . 13 acres x 30% x 2" = 283 C.F. Required Vol . 2,570 C.F. Use - Two 121,0-1 '-8" dome = 168 C.F. 24 ' of 1210 rings = 2,422 C.F. Vol. provided 2,590 C.F. System 11 0.43 acres impervious 0. 30 acres pervious (grass) 0 .04 acres pervious (woods) 0 . 43 acres x 90% x 2" = 2, 810 C.F. 0. 30 acres x 30% x 2" = 653 C.F. 0.40 acres x 10% x 2" = 29 C.F. Required Vol. 3,492 C.F. . Use - 3-1210 3. 5 ' domes = 510 C.F. 30 ' of 12 ' 0 rings = 3,026 C. F. Vol . provided 3,536 C.F. Wetmore Real Estate / \ 28 FRONT STREET,BOX 627 L MONTAUK HIGHWAY,BOX 972 ;x.P.REENPORT,NEW YORK 11944 WGANSETT,NEW YORK 11930 _ (516)477-0798 (5 i 6),_267-8�10 Mayor GeorgerHubbard & Village' Trustees Village water .Committee . Supt. of utilities James Monsell Village Hall -Greenport, N.Y. 11944 November 1,1934 Rey Tide Hark Dear Sirs; Enclosed is a copy of the sketch plan bf, the"Tide Mark", a copy of a letter we recieved from the Southold Town Planning Board. The Tide (lark is a resort Condiminium of 46 Apartments and one maintennance man apt 47 total ;it is located opposite San Simeone by the sound on_L.I. Sound.0ur estimate in season 3 person average per apartment @BOO .gallons of water per day'**- PiltsaA/ Ok 14,100 gallons per day water consumption -10% 1410 .,69 ga ons per day sewerage flow As you know thesub-stratta in..that area is solid clay so we have no water or sewer drainage. This creates an extreme hardship without Village•water and sewer.The Town of Southold has requested many sub-Divisions to _ hook into. city water as part of their approval process,most of these developments } can comply with article 6 of the Suffolk County Board of Health as they have adaquate water and sewer drainage on site.-We do not- Also don't you think the � . merchants would appreciate. 46 $200•1,000.00 New. homeowners in the area. Our estimated time table -for service is light service in the Fall of 85--i-1aintennance apt.and sales office 3-400 gallons a day,with full services active in the summer of 86 We respectfully ask. for your cooperation in 'this difficult matter and ask that you grant us permission to hook up• in the time frame mentioned subject to the normal fees. We need this letter of approval . Respe tfully, George W. Wetmore pr -- / :, r:• _.1.N.. NOV 2 1984 -del. , AWORNEY AT LAW 828 FRONT STREET GREENPORT,N.Y.11944 PHONE(616)477-1016. November. 191 1984 James I. Monsell Superintendent of Utilities Village of Greenport 236 Third Street Greenport, NY 11944 Re: Tide Mark Dear Mr. Mon sell : Enclosed. herewith please find letter from Wetmore Real Estate dated. Noveinber 1,. 1984 sent to you by George W. Wetmore. Same ;is to be construed as a hookup application for the deve'lopment ;to the Village of Greenport Water and Sewer system. j The. Town of' South'old will not process the application for the development without obtaining a letter from the. Village of Greenport stating that the. deve'lopment will be allowed to hookup to the Village of Greenport. „ This matter. is. urgent and it is respect.fully .requested that you act on this immediately. , By this letter I am also applying for., a_ .hearing before the Greenport Water- Committee on this projec`t.. f Very trul u s ''William H. Price, Jr. Enclosure - cc: Mayor George Hubbard Greenport Water Committee' George W. Wetmore Edson & Bruer, Esqs. 1'. I f 1yy. • t _ 1 - 1 y OfficersFID�'� tlQ UTILITY OFF10E TEL ' Village of• 9reeir ort (516)477 1748 ' MAYOR �/ GEORGE W.HUBBARID ✓ INCORPORATED 1e311 POWER PLANT.TEL NEW INCORPORATION APRIL T.leas (516)4774172 TRUSTEES RE•INCORPONATION UNDER GENERAL LAW MAY 70, 1094 WILLIAM D.ALLEN DAVID E.KAPELL �y�? _ SAMUEL KATZ ••'•• ••--• - WILLIAM H.LIEBLEIN - v .rp:N G I S L A N. , SUPT.OFUTIunn JAMES 1.MONSELL A•a•••,` •• •� 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 November 30, 1984 Mr. William H. Price, Jr.. Attorney at Law 828 Front Street Greenport, New York 11944 Dear Mr. Price.- The proposed project Tide Mark north west of Greenport was Acknowledged and .placed under study by the Utility Committee at . + their November 21 , 1984 meeting. A copy of the minutes are enclosed. ' The Village of Greenport - Water Department is making a very in depth study of the pumping and supply capability, transmission capability, demand water loading, replacement pumping costs and future loading.from new requests. It will be necessary for your client to sign an agreement with the WaterAtility before any construction can start. I If I can be of further service, please call Very truly ours, ,Jam es I, Mo nsel I S i u uper'ntendent.o Pub Uti Ii rep h J'iM:nr. sa Enc r F k cc Mayor George Hubbard } u 3� All Village Trustees r` r� E a Utility Committee '' ' Southold Town Planning Board' �4 ;"" George Wetmore✓ r. Utility Committee Meeting 11-21-84 PAGE 1 UTILITY COMMITTEE MEETING November 21, 1984 A meeting of the Utility Committee of the Village of Greenport was held November 21, 1984 at the Village Hall in Greenport. The meeting commenenced at 7130 p.m. with Trustee Lieblein, Supt. Monsell, Mr. Levine, Mr. Quinn, Mr. Mills, and Asst. Supt. Spohn in attendance. The minutes from the meeting of October 22 were distributed, . acknowledged, and accepted bw a unanimous vote. Supt. Mansell distributed an H2M letter. on Water and Sewer policy dated Nov. 8. Mr. Quinn moved to acknowledge reciept and place the letter under study. Mr. Levine seconded the motion and it passed unanimously. Supt. Mansell also distributed a Water Dept. production chart showing the total and average flows for each pumpstation by month. He indicated that the Annual Average Daily Flow to date of 933,000 gpd is very close to last year's figure. Trustee Lieblein reported on a telephone conference involving Paul Ponturo of the Suffolk County Dept. of Health Services (SCDHS), Supt. Mansell and himself on November 21. The conference was a •result of a meeting between the Superintendent and Mr. Ponturo earlier in the week. Trustee Lieblein said Mr. Ponturo expressed deep concern about the Village's willingness to fulfill their Water franchise agreement, specifically in the cases of the Breakers at Brecknock' Hall and Long and Acres - Section 1. He was particularly concerned with the inclusion of the commercial property control issue in the Village's requirements for a Water Service agreement with the Breakers. Mr. Ponturo indicated that contrary to SCDHS' general policy of centralization, if the Village could not reach an agreement with the Breakers SEDHS is inclined to grant the Breakers the. right to operate their own water system. This move could cause a review of the Village's "ability to serve" and possible reduction of the franchise area. Mr. Mills made a motion that the Committee concur with Mr. Ponturo and to accept the. responsibility to serve customers in our area and secure additional supply. Mr. Levine seconded the motion and it was accepted by a unanimous vote. Mr. Mills made a second motion that the Committee apply the newly adopted water policy to the applications that are curently on file so that the Committee may make recommendations to the Village Board of Trustees. Again Mr. Levine seconded and the motion passed Utility Committee Meeting 11-21-64 PAGE 2 unanimously• Trust ea Liablein requested two items be placed on the agenda for the next Committee meeting. First, a discussion of the inclusion of a •demand"-type charge for water services. Second, that the Utility Dept. render a chronological list of all applications on file for discussion at the next meeting. The Committee requested that the following questions be asked of Sam .McLendon when he is in Greenport for a meeting Dec. 3: 1) What will be the approximate cost of a treatabilitu study for utilizing Silver Lake as a water source? 2) What will be the approximate cost- of a study of the possible effects of the Great Pond project? 3) What will be the approximate cost to implement the Great Pond protect? 4) . What will be the approximate cost to complete a 12' - transmission main across the golf course from #4 wellfield in East Marion to the proposed Breakers project? Mr. Mills made a motion to acknowledge reciept and place under study a revised proposal by Mr. Aliano to build 28 apartment units (mostly 1 bedroom) instead of a 40 unit motel on his property behind the 7-11 store iin Greenport. The revised proposal would retain the filing date of the original proposal. Mr. Quinn seconded and the motion passed unanimously. There was a brief discussion of the August Acres proposal and the Long .Pond Acres proposal but no action was taken. Mr. Mills also moved to acknowledge reciept and place under study two new proposals, the Jim Grey Shopping Center located in Southold and the Tide Mark proposal located North of San Simeon. Both motions &-, were seconded bg Mr. Quinn and passed unanimously. Supt. Monsell notfied the Committee that he had scheduled a meeting with Union Carbide regarding a GAC filter for Well N7 in Southold. Motion to Adjourn at 9:45 p.m. Respectfullu Submitted, John C. Spo n „r 1 Southold, N.Y. 11971 (516) 765-1938 October 29, 1984 Mr. Irving L. Price Attorney at Law 828 Front Street. Greenport, NY 11944 Re: Tide Mark site plan located at Greenport Dear Mr. Price: Please let this confirm. the request of the Planning Board, Monday, October 22 , 1984 . The Board requests that a letter of approval from the Village of Greenport be obtained for water and sewage, for the units proposed. It was also requested that the existing Cottage be placed on the, site plan to indicate..-where the proposed buildings are to be located on the site. I.f you have any questions, please don't hesitate to contact our office. Very truly yours, 5t_t,�-tt oTlm�&4 BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: George Wetmore Doug Herrlin / 44% •'��''s 3 ` � �"� RxF S OUTHOLD 7—X ,� i • ' ENVIRONMENTAL ASSESSMENT - PART I PROJECT II\FORMATION YOT:CE: This document is designed to assist in deternininq nether :.^.e action proposed may have a s gnificant a T� the O -ire * ] a sf'ec: an the nvircnment. PI ease camoie__ _ nt:. 7a_s .eat. Answers to these questions dill be considered 3s 3art of :he a0plication for approval and may be subj y. th to furer verification and public review. Provide any additional information you believe will he needed _o ccmalete ?ARTS 2 ana 3. �t is exceed tnat cnmofetion of the EAF will be dependent an information currently available and •sill not involve new' studies, rasearcn or investigation. I tnfor-anon r=ouiring such aadi=ionai .vork is..unava';able, sa indicate and specify Baca instance. ;A1•F -IF PROJECT: w..mE Via ACCR_SS OF .^.'.1NER _(1, Di f_farent) �. ..- LOUIS S . SACHS and JANE G.• SACHS TIDE MARK - . Apt.. '1203 , 20.3 35 W. Country Club' Dr.i•ve AOO1E55 =tJO 'IAI*E OF 1PP iCIVIT: _ S=root _ `North Miami Beach, - Florida -• . .Kenneth J. Tedaldi �a•�,� State). (Zip _. . . J.e•s.sup....Avera.uP_.. ::_ .,.- _.._..._.... 3USrHESS PFO'IE: tr2et j .... .j (S Caca) (Lip) _ OESCRtPTrr,!! OF oo0„cr-: (grierly describe type of project or action) a 46 dwelling unit multi-family development' (P1.=.;Sc" COMPLEi Z EACH CUES lI iTI - Indi cat= 3.A. if not 3001 i=1?) !�. SI :LSCRIPT;OPI (PhysiC-1 iet::n; of overall project, both develocet and undevelcoed areas) 1. General character of the land: Generally uniforn slave x Generaily uneven and roiling arcirregular �. ?resent 'and :use: Urban , [ndustrial Oammerc'.al . Suburban , iUral . forest :w�€c:""+ •�:..• Agriculture Other Vacant use: zoned-PI='Z General Multiple Residence; - 3. Tatal acriage of project area:7 . 0 7 @cres. ..._...._.... . - ' Approximate acreage: Presently After Completion Presently Attar Comoletion }Me2dcw or 3rushland acres !Cris avatar Sur'aca Ara acres acres =areat:d ;cras !Cris Unve^.etated ;rocx, ear:� or fill) !Cris icre5 Aaricultural acres ! -es y ~cads, Sui1dirgs !etl and or and _-er ;)avea Tidal as ter ':r l :es sJr'1C:5 =c•"5 acres 'S .r Z. ....) acres ,c-!s See propose-6—Site Plan :'ner (:11aica_3 :/aei ■cres ic-es is oreccm-nant sail type(s) an ara;ect ;:::; None (upon information & belief) 5. a. Are -'oedr^cz :utcre;pings cn 3roja_. s::;? Yes x •la (upon..information and belief). b. ghat is d_at' :z :edr.c:c? t*, ?_,C 3/1173 � ,} tea'. U• .M • _ - 6. Approximate percentage of proposed project site with slopes: 0-10% 100 10-15: :; 15% or greater 7. Is project contiguous to, or contain a building or site listed on the National Register of. Historic, Places? Yes xxx No 8. What is the depth to the water table? feet unknown 9. Do hunting or fishing opportunities presently exist in the project area? x Yes " No Fishing from the beach 10. Does.project site contain any species of plant or animal life that is identified as threatened or endancered - Yes xx 'Ai , according to - Identify each species 11. Are there any unique .or unusual land forms on the project site? (i.e. cliffs, dunes, other geological formations .- Yes xx No. •(Describeth.ere is a gradual sloe to beach 12. Is the pmject site presently used by the community or neighborhood as an open space or recreation . area - Yes xx No. 13. Does the present site offer or include scenic views or vistas known to be important to .the community? Yes X No 74. Streams within or contiguous to project area: - a. Name of stream and name of river to which it is tributary " 15. Lakes, Ponds, 'Wetland areas'within or contiguous to project area: ;.;. a. Name b. Size (in acres) 16. What is the dominant land use and zoning classification within a 114 mile radius of the project (e.g. single family residential, R-2) and the scale of development (e.g. 2 story). - Motel and•'multifamily res'idence'" B. "PROJECT DESCRIPTION " 1. Physical dimensions and scale of. project (fill in dimensions as appropriate) - a. Total contiguous acreage owned by project sponsor 7 . 076- acres. : b. Project acreage developed: 7 •07F3cres initially; acres ultimately. c. Project acreage to remain undeveloped 0 -" d. Length of project, in miles: N/A.. if appropriate) - e. . If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age developed acreage f. flumber of off-str--t parking spaces existing �0. proposed 76 g. Maximum vehicular trips generated per-hour N:..A (upon completion of project) ' h. If residential: Number and type of housing units: One'Family Two Family Multiple Family Condominium Initial Ultimate 46 46 (Condonimi•um..type'. of ownership.' i. If: Orientation Neighborhood-City-Regional Estimated Employment Commercial Industrial • . j. Total height of tallest proposed structure 35• feet. 4 '= � 7 f: it .Z. How much natural material (i.e. rock, earth, etc.,),w.ill, be removed from the site - tons •• Unknown-poss;Lbly - some earth will be removed for_:foundati =_ cubic yards. 3. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site - acres. Same as Question 2 4. '+lilt any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Yes xxxNo S. Are there any plans ,for re-vegetation to replace that removed during construction? x x Yes No Landscaping 6 - 12 mos . 6. If single phase project: Anticipated period of construction months, (including demolition). 7. I.f multi-phased project: a. Total number of phases anticipated No. - . ...... b. Anticipated date of commencement phase 1 month Year (including • -..__ .. __. -_ demo 1 i ti on) e. Approximate completion date final phase month gear. d. Is phase 1 financially dependent an subsequent phases? Yes No 9. Will blasting occur during construction? Yes 'x x No - eriance 9. Number of jobs generated: .during constructi an U nk n-,- after project is complete ne(;essar.y maint/ 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? Yes x xxKo. If yes, explain: 12. a. Is surface or subsurface .Iiquid waste disposal involved? Yes x x No. b. If yes, indicate type of waste (sewage, industrial, etc.) ` e. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing ,lakes, ponds, streams, bays or other surface wa•tarways be increased or decreased by proposal? Yes x x No. 14. Is project or any portion of project located in the 100 year flood plain? Yes xx No (Upon Inf . P e� xx if connected to existing belief; 15. a. Does project involve disposal of solid waste- Yes No existing sewer b. If yes, will an existing solid waste disposal facility be used? Yes No c. If yes, give name: location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? r Yes No 16. Will project use herbicides or pesticides? Yes x x No 17. Will project routinely produce odors (mare than one hour per day)?, Yes x x No 18. Will project produce operating noise exceeding the local ambience noise levels? Yes x x No 19. Will project result in an increase in energy use? x Yes No. If yes, indicate type(s) Residential needs • 20. ..'If Water supply is from wells indicate pumping capacity gals/minute. 21. Total._,_anticipat_d water usage Fer day teals/day. Residential use 22, Zoning: a. ;that is dcminant 'zoning classification of site? Multi-family M-1 General Multiple Resident b. Current specific zoning classification of site e.- Is proposed use consistent with present zoning? Yes d. If no., indicate desired zoning '3- y :Y �'` tr - 1 26. Approvals: a. Is any Federal permit required? Yes x x x>`lo. . b. Does project involve State or Federal funding or financing? Yes x No e. Local and Regional approvals: Approval- Required Submittal Approval (Yes, Pto) (Type) (Date) (Date) City, Town, Village Board NO City, Town, Villace Planning Board = Site P a n City, Town, Zoning Board Yam_ varianci-i; City, County Health DeoartTent YES Water &•Sewacr Other local agencies YES Greenport Water&Sewg. Other regional agencies State Agencies � � Possible Dept. o± E.C. Federal Agencies C. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with the proposal, please discuss such impacts and the measures which can be taken to mitigate or avoid the PREPARER'S SI0ATURE: . TITLE- _•,._ ..w attorney for Applicant Kenneth J. Tedaldi REPF.ESENTING: . DATE: August 31., 1984 - r-- r- i FINAL ENVIRONMENTAL STATEMENT IMPACT FOR FEB -6,1989 D TOVJI� SUi�THUL 8�1NRD CLIFFSIDE AT SOUTHOLD 0 i LEAD AGENCY: TOWN OF SOUTHOLD PLANNING BOARD - FEBRUARY 1989 S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS & PLANNERS S41 FINAL ENVIRONMENTAL IMPACT STATEMENT FOR CLIFFSIDE SITE PLAN SOUTHOLD, NY 11971 c SZEPATOWSKI ASSOCIATES INC. e�]' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS Final Environmental Impact Statement for Cliffside Town of Southold, New York PROJECT: Site Plan for a 74-unit motel development LOCATION: North Side of North Road, County Route 48, also known as Middle Road approximately 500 ' east of Chapel Lane LEAD AGENCY: Planning Board Town of Southold Town Hall, 53095 Main Road Southold, NY 11971 Bennett Orlowski, Jr. , Chairman CONTACT PERSON: Valerie Scopaz, Town Planner PREPARED BY: Szepatowski Associates, Inc. 23 Narragansett Avenue Jamestown, Rhode Island 02835 DEIS and ADDENDUM TO DEIS PREPARED BY: Steven Samet, P.E. Henderson and Bodwell 120 Express Street Plainview, NY 11803 ON BEHALF OF: Kenneth J. Tedaldi Jessup Avenue Quogue, NY 11959 DATE OF ACCEPTANCE: PE® 2 7 1989 LAST DATE FOR COMMENTS: S41 SZEPATOWSKI ASSOCIATES INC. e n' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS FINAL ENVIRONMENTAL IMPACT STATEMENT TABLE OF CONTENTS SECTION I: PROJECT DOCUMENTS A. Draft Environmental Impact Statement B. Addendum to Draft Environmental Impact Statement dated June 1988 C. Addendum to Draft Environmental Impact Statement dated September 1988 SECTION II: PUBLIC COMMENTS A. Minutes from November 14, 1988 Public Hearing B. Written Comments Received on DEIS and Addenda SECTION III: LEAD AGENCY' S RESPONSES TO SUBSTANTIVE COMMENTS A. Response to Public Hearing Comments B. Response to Written Comments SZEPATOWSKI ASSOCIATES INC. C[�' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS SCOPE: Pursuant to the Positive Declaration dated June 15, 1987, it was determined that an environmental impact statement should be prepared to assess the impacts associated with proposed site plan entitled "Cliffside". A Draft EIS was prepared and together with two Addenda was accepted by the Planning Board on October 18, 1988. It may be found at the Planning Board offices at the Southold Town Hall, Southold, NY. The full text of the EIS and Addenda is adopted as a part of this FEIS. The Draft EIS was the subject of a public hearing on November 14, 1988. PURPOSE: This, the final environmental impact statement (FEIS) , is composed of the Draft EIS (by reference) , copies of written comments and the lead agency' s responses to the substantive comments, grouped by issue with the commentator acknowledged. S41 SZEPATOWSKI ASSOCIATES INC. c/�' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS i Section I A Draft Environmental Impact Statement (DEIS) Incorporated by Reference Original on File in Planning Board Office i I S►-4I SZEPATOWSKI ASSOCIATES INC. C/�I ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS Section I B Addendum to DEIS Dated June 1988 Incorporated by Reference Original on File in Planning Board Office Sr4I SZEPATOWSKI ASSOCIATES INC. <JI �� ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS Section I C Addendum to DEIS dated September 1988 Incorporated by Reference Original on File in Planning Board Office S41 SZEPATOWSKI ASSOCIATES INC. ' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS Section II A Planning Board Minutes From Public Hearing of November 14, 1988 SZEPATOWSKI ASSOCIATES INC. 1 ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS Planning Board Minutes - November 14 , 1988 Mr. Orlowski: O.K. Next order of business is a public hearing on the Cliffside/Tidemark. This is a public hearing on the Supplement to the Draft Environmental Impact Statement. SCTM #1000.-45-1-1. We have proof of publication in the Suffolk Times and also in the Long Island Travler/Watchman. Everything is in order for this public hearing. I will ask if there are any comments to this Supplement to the Draft Environmental Impact Statement? Again, I will start from my left. Mrs. Wacker: I am representing, once again, North Fork Environmental Council. We feel that the traffic study, as given by the applicant, is not quite accurate. When we were talking with the Department of Transportation they had different figures - for that area. It was just about fifty percent higher. I think that the problem of traffic at that site, right across from the San Simeon .Nursing Home, is something-to' be concerned about. Mr. Orlowski: O.K. Anyone else on my left? Moving to the center. Any comments from anyone in the center? Any comments from anyone on my right? Mr.Gressac: Hello, my name is Steven Gressac. I reside at 309 North Road. Just a couple of hundred yards east of the proposed project. Whether the Car population going through there is accurate or not according to the study, I am not really sure. Living there and driving past it everyday of my life now, I have seen accidents. There has been some serious accidents on the corner of Chapel Lane and North Road. There has been many, many deer accidents there from the deer population going through the natural ravine that goes through the proposed project. I personally think it is an extremely dangerous intersection there. And to have a fifty car parking lot with the proposed cars that are going through there and coming out of that intersection there would be extremely dangerous to anybody traveling in the area. For instance, the San Simeon project or the Nursing Home right across the street finally put in some "no parking" signs on both sides of the street. To facilitate some kind of order with parking area. What is to prevent people from the hotel having the same type of problem there. Some people have been seriously hurt there and I don' t think it should be done again that way. Thank you. Mr. Orlowski: O.K. Any other comments from the right? Hearing none are there any other comments? Mr. Emilita to have any comments? Mr. Emilita: No comments. Mr. Orlowski: Any questions from the Board? Mr. Mullen? Mr.' Latham? Mr. Ward? Mr. Edwards. Board members: No comments. S41 SZEPATOWSKI ASSOCIATES INC. e d' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS Mr. Orlowski: No further comments I will declare this hearing closed. Thank you for coming. ****************************** Sr4i SZEPATOWSKI ASSOCIATES INC. c d' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS Section II B Written Comments Received on the DEIS and Addenda SZEPATOWSKI ASSOCIATES INC. "I ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS NORTH FORK ENVIRONMENTAL COUNCIL, INC.FL'e.,CN Box 311, Southold, New York 11971 C Main Road, Mattituck, New York 11952 Debi-vary 11, 1988 Bennett Orlowski and members Southold Town Planning Board Town Hall Southold, NY 11971 Gentlemen: This is to question a notably bad feature of the proposed Tidewater/Cliffside Motel development on County Road 48 near Chapel Lane. The environmental impact statement submitted for this project estimated a 4% 1yearly increase in the number of cars from 1981 through 1985, when the statement was drawn up. Their basis was a 1981 study made near there by the Suffolk County Dept. of Public iglorks, which included. .the last Monday and Tuesday of August that year. Yet an updated study by the SCDPd made on corresponding days in 1985 -- Monday and Tuesday at the end of August -- at a site only 2 miles west on the same road shows a cumulative increase of 51a -- more than twice what the developers estimate. Copies of the SCDP4's two studies are attached, with comparable hours of traffic bearing a light pencil checkmark. The attached yellow worksheet gives our actual arithmetic, and the attached yellow graph shows how these figures would project into the present. Instead of some 5000,, cars a day traversing Rt 48, by 1990 a projected 7750 would be using it. You must be aware that the proposed motel site is on or near one of the worst curves on the North Fork, that San Simeon Nursing Home is directly across the road, and that the Sunset Motel is ta . the east and Chapel Lane to the south. The line of sight is limited for at least a dangerous quarter-mile stretch in that spot, and the increase in traffic that would be created by this motel development is going to be a hazard we believe you should consider very carefully before approving their plan. S cmely, Vir inia Benne t P�. �� ore, director o%-%—"'VED BY for Ronnie Wacker ^�,1 ,. president ;r: J DATE I I i , PHOTOCOPY I EG BLE F ROM ORI IN L t f T z I i { f 1 + �... .}' I ♦ I .. i {�� kit,II t tA. 10 j 4.1 . +�v r-C r -Frog,,. I f I i I C'.t`•e:e,a�+�:a. �P.. �-i��f'-'L 3��1� I C� i i ! � I I •�; � j � f I : ir i { 19 •.! I� t2 !- .3 147 PHOTOCOPY. ILLEGIBLE FROM OIGINAL ..� �' '{•!� G''?Lr_-�, ��/ L1� v/L.� t�sd �`/ C..l'2� ee4t.� 1 �ft'!.f�� r�..C�L�''��.¢'LC J( _ �YL !'•t.�_r�.' A.�''...1... -f tt-�• ely v, r/f t=t ,;-�Lv _' t- tip '. --PL y <L 117 t S7 ... ; %-,_i�r f'------ -- ---==�P:�'�- -...5/�-';/—r-t`-,;;-- -- �crt:—t•tij sr�'?i; -r��+. -- rA- - --- z; 67 _----....._-- ---� -�r------�+-'-`�':-----------..._..----- ----/-�'+•%--�----------�--'�------ � '` � c F Cot:•'L... C fi C: _`. _ i CA 3.D J'ob No . Counter Nn. Town TRAFFIC VOLUME COUNT Hamlet Location : on C R 49 / 000 ft. N W of AL $ER7,sc,,n/ G 4 . Controlling traffic : N (D -S W bound Set by PS/-�S-6Z- Time 2 : 1S' Day - / - Ell Removed by PS/.)S-6z- Time /2 .1SS- Day 0 -4 - 9 / Day Mon . Tues . Wed. Thur. Fri . Sat. Sun . A •— Total W 2 Date `� � DA . 12-1 / 4 2S 19 7-5 9 1 -2' 48 / Z 2-3 2 S 2- 7 -7 - 3-4 41, 4 17 4 4-5 /4! '6 Z`3 7 5-6 ' 17— 1 '> l3 .6-7 83 go 79 63 3j� 77 7-8 143 r /3 174 .7-/.3 74, 8-9 /ss}- 1 >S3 / 7 8 9-10 / 39�, 164 16. 4 / 9 / 10-11 Z 86 11 -12 / 9 Z 223 Zo6 2-47 P .M. 1 -2 2- �' ZZ6 2. 3 2 J ZZZ 2-3 253 2. 2-3" 2- 64 74J 2-47 3-4 2- / S 7 / 92- 2-14 4-5 24 Z 33 24-/ 2- g 5-6 Zo4" ZO.4- Z / 24 �_�� �' Z/ 7 6-7- 13 / So S� 188 . ' 1C 4 7-8 10 ? - / 39 137 1 / 76 5_54 i33 8-0 '7 5' 90 2- 7 37 / J3 9-10 .S'7,- 59 99 08 �� ?.. �l 11 -12 49= 49 Total S 2-7G7. 30z9 ++ 32-49:- 1177 of total day avg. factc.r —AA Job No. Counter No. 3,4 Town 7�f',I .y TRAFFIC VOLUME, COUNT Hamlet �;,:-f.� =�E)r Location : on /o o f t. N . E S W o f 4/B,-.RT-so Y,/ z-A. Controlling traffic : N E S bound Set by Ps/js-6 Z Time Z; o o DAy g - 3/- g/ Removed by -)5-6L/PS Time i2 :so Day 9- 4 - 61 Day Mon. Tues . Wed. Thur. Fri . Sat. Sun . A Date Total W 3j j 2- 3 ¢ D T A . M . 12-1 11 ✓ 1 -2 // / O .36 / 0 2-3 .Z 9 7 3-4 2 ✓ 4 2 / Z 3 4-5 5-6 2-3 v Z / 2-6 S 5 S Z/ 6-7 to Z 53 Z`� 7 — 7-8 4-5 /s4 / 34 /"2-8 1 /90 9-10 146 157 150 .59 / 14 10-11 160 / 82- / 63 / 95 72•o / go 1. 73 176 , 194 / 961 73 ! 183 P .M. 12-1 ! 8g / 73 / 34 Ss -5 5... 1 -2 zzs '2- z-C' ram ? 2-14 2-3 Zzs ZZZ 199 `228 L324- zo6 3-4 76,, 233 ZS Z74 4-5 ZSZ;- 2- 2- 1 21%3- 2-6% 977 Z-q 5-6 1 2-9-4= 2-43 3 ZZl _ 9(01 2 110 6-7- 1/ 3-3 Zo 170 3-6- _ 55 140 -8 ! / 7 130 /Z S 503 2 8-9 / O 04 q3Z /U(q 9-10 59, 7 ,7 4 72 2� 73 10-1 1 5 7'- -57:3 to O .. .2 .3 3 ' SS 11 -12 3 _SS 40 5/ / 79 4S Tu+al /5-07 2-7 /S' . 2-f398 ;-9 7 9z8 /off(.. 2811 n of total . ,.. - X may avg . Tactor AAD.T SUFFOLK COUNTY DEPT.ur' PUBLIC WORKS SITE NO.: 49 FILE: 048-09 1 HOUR, 2 CHANNEL VEHICLE COUNT CR48 600FW YOUNGS AV. CL CORRECTION FACTOR: 1.00 WEEK OF MONDAY AUGUST 26, 1985 ---------------------- HOUR MONDAY 26 TUESDAY 27 WEDNESDAY 28 THURSDAY 29 FRIDAY 23 SATURDAY 24 SUNDAY 25 WEE9.DAY AVERAGE BEGINS E W E W E W E W E W E W E W E 8 W.a --------------------------------—------—------------------------------------------------------------------------------— 16,19 19 20-' 12 69 64 68 65 20 16 � 1 11 8 6✓ 6 ✓ + + + + + + 32 23 36 47 9 7 2 6 15 10✓' 5✓ t + + t + + 2B 16 19 34 B 10 3 8 3 6✓ 6 ✓ + + + + t + 15 10 15 15 7 5 4 6 14 4 7✓ t + t t t t 13 13 14 10 5 11 5 46 45 32 33✓ + + + t + 62 25 30 16 39 39 6 104 111 113f 98✓ t t t t t. + 127 54 86 34 109 105 7 249 224 295 v 223� + + t + t + 201 124 97 70 272 224 8 HI 248 294;pv 238" + + t t t t 299 199 157 111 278 243 9 271 286 257% 235✓ + + + t + + 389 269 168 196 254 261 10 283 310 t + t t t + t t 466 268 210 264 283 310 It 308 308 f f t t t + t + 493 310� � 218 354 308 308 12PM ; ;r 302 265 t t + s t 411 266 - 500 338 277 371 357 276 1 317 300 + t t + + + 369 329 482 355 227 06 343 315 2 319 319 t t t + t.' t 372 353 424 361 291 378 346 336 3 300 f 320 t + t + t + 388 330 364 402 219 3378 344 325 4 317-" 378 t t +, t + t 463 403 320 389 235 332 .390 391 5 320v 329,1 t + t + + t 389 330 324 Z78 175 359 355 3330 6 230 209- t + + t + t 295 280 245 334 IE6 218 263 245 7 159� 189 + + t + + + 291 204 229 258 136 236 2_5 197 8 112- 153- t t t t t + 306 161 161 246 122 191 209 157 9 84,' 125- t + + + t + 247 175 140 152 73 213 166 150 10 71- 64- + + + t t + 191 139 151 163 64 95 131 102 11 47, 47- + + + + + t 155 72 . 93 133 34 61 101 60 -------------------------------------------------------------------------------------------------------------------- TOTALS 4150 4289 1037 863 0 0 0 0 3877 3062 5647 4904 3097 4504 4832 4423 COMBINED TOTALS I j !7 -------------------------------------------- ------------------------------------ 38 32 + + + 133 123 36 1 19 12 t t + 55 83 16 2 21 15 + t + 44 53 18 3 11 12 t t + 25 30 12 4 20 _1 t t t 26 24 16 5 91 65 t + + 87 4S 78 6 215 211 + + + 181 120 214 7 473 518 t s + 167 496 8 509 532 t t t 498 269 521 9 557 492 + t t 658 354 525 10 593 + + t + 754 474 593 It 616 t + + + 903 572 616 12 567 t + t 697 838 648 633 1 617 + t + 698 837 633 658 2 638 t t + 725 785. 669 682 3 E20 + t t 718 766 597 669 4 695 t + t 866 709 567 781 5 649 t + + 719 702 534 685 6 433 t t t 575 579 404 508 7 348 + t• t 495 487 372 4_2 B 265 t t t 467 427 313 3E6 9 209 t t + 422 292 .286 -316 10 135 t + t 320 314 15-9 233 11 94 t t t '227 226 95 161 TOTALS 8439 1900= 0 0 6939 10551 7601 9255 05 �o Southold Town Board. of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, 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 RIECE E-D BY JOSEPH H. SAWICKI TO : Southold Town Planning Board FEB 11 10.91 _. DATE FROM: Board of Appeals DATE : February 11 , 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 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 obstructions for space-time'-velo-city of approaching vehicles . Following the SEQRA he^arin-g ; our office was informed that the applicant would consider an alternative restricting a-ny and all left-hand exiting at the premises from the westerly egr,es.s , restricting entrances onto the site at the east end , etc . Page 2 February 11 , 1988 Re : Cliffs.ide Associates SEQRA Review The overall purpose of the SEQRA review is not only for environ- mental studies but is also for traffic studies , an-d of course before it is finalized . 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 TF E SOUTHPLD, ,O BARD OF APPEALS F ._ a GERARD P . GOEHRINGER, CHAIRMAN lk �A gL •,t� •� k'':1!'�+��,�'�f` • .,Z• ��/v���.><� ` r�/`/ i r �1 : 1�..•P4�.�'+- 'R ti,fi.{�'/ fl t '•�p�p .r. a r. °� r��P.L1p f�'�I/ .•r�,t�..!:L :{i� Jy' ..r' (N � •4Y ��'`A ri h�rrN r Y 1� �` � ` v•- - rw�JLC•e-',`.� '.�r'` -_' �i Y°'s��'.r n� _. mot.._.Ri., �.-�•_`,^'. `t..�• I r ^r'. ..� 'r'�.�.•T - ��..:• -.S*.n,. 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(' ,! i ,s.1 ..t•c r "�,� _ ''v � i�i' 2R fyY_"1h��1 �^.?�����.� S•t �ati�rE�t`;.�1 — 'tia z P Z TO D SL 1 � Southold, N.Y. 11971 (516) 765-1938 MEMORANDUM TO: Southold Town Planning Board FROM: Valerie Scopaz, Town Planner DATE: February 11, 1988 RE: Draft Environmental Impact Statement for Cliffside, Southold The following observatiorLsare based on a reading of the Draft Environmental Impact Statement. The DEIS does not address the following items adequately, to wit: 1. Traffic impact of proposed project on existing and projected volume of traffic on County Road 48 and its intersection with Chapel Lane. A. The traffic impact analysis should have been based on 1986 or 1987 field data; not 1981 field data. Traffic volume has increased along with development in recent years, and this increase must be noted. 2. The impact analysis of traffic at this site should also include this existing pattern of traffic at this site; namely the fact that visitors (or employees, I'm not sure which) to the nursing home park along both sides of C.R. 48 across from the nursing home and adjacent to the subject property. 3. The proposed access point should be staked in the field so that an accurate accessment of the potential conflicts that may arise can be made. Note should be made of the sightline or vision of the road that a motorist will have at the proposed. access point-and whether this line of sight will be sufficient given the rate of speed at which most motorists customarily pass this site. 4. The speed at which traffic customarily moves on CR 48 is not mentioned in the draft. The curve in the CR near subject .site is a locally known accident area. Clearly, there should be some discussion. of the current accident rate and of ways to mitigate or-prevent it from increasing .after this_:.project._is constructed. C DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR CLIFFSIDE, SOUTHOLD PAGE 2 5. The visual impact of this project on the surrounding neighborhood and on the view from the water was not addressed in the DEIS. The proposed first floor elevation of the two-story building.unit closest to CR 48 is 58.5 feet above sea level. The elevation of C.R. 48 is about 51.4 feet at the proposed point of entry; a 7 foot difference. However, neither the site plan nor the impact statement shows the changing elevation of the middle of C.R. 48 along the road frontage of the site. Therefore it is not possible to judge the visual impact. Cross profiles showing the elevation of C.R. . 48 relative to the existing and proposed elevation of the site should have been submitted with the DEIS. A cross profile showing the relationship of this project to the bluffs and the neighboring development should also be prepared, particularly since two of the units are only 20' from the property line. 6. The density of this proposal is predicated upon the obtaining of public water and the obtaining of. access to sewage treatment from the Greenport Village Utility Company. The Village has had a moratoriums—sewer hookups; and does not appear to have the capability. of extending public water at this time. The capability of the Greenport Utility System to handle this project within the near future should be addressed by the applicant. Perhaps one of the alternative plans should address the possibility of not being able to obtain either water or sewage or both. 7. The statement made in the "Mitigating Measures" section on page 4-4 that "Since the existing vegetation will be preserved around the perimeter of the site; much of the dust generated during construction will be - contained within the site's boundaries." is contradicted by the grading plan. This plan shows extensive regrading of the site up to the easterly and westerly property lines. In summary, the proposal would result in a very intense use of "a site that is bordered by fairly intense multiple residence type.:uses to the east (Sunset Motel) , south (San Simeon Nursing Home) , and/ultimately� to the west (Pebble Beach Complex and Soundview Motel and Restaurant) . Two issues stand out; the capability of the Greenport Utility Company to handle the projected density and the feasibility of handling the. traffic. With regard to the first issue; the fact that other projects which have already received Planning Board approvals have been put on hold indefinitely due to the inability of the Utility Company to .adequately service them with either water or sewage or both should not be ignored by either the applicant or the Planning Board. C DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR CLIFFSIDE, SOUTHOLD PAGE 3 The second issue needs to be examined in more detail than the data in the DEIS permits. The realignment of C.R. 48 may have to be considered; or perhaps the installation of traffic signals will be necessary. Turning lanes as part of a partial road widening may need to be considered also. However, there is insufficient data in the DEIS with which to answer these questions. The final EIS should rectify this omission. V. Scopaz DEC 09 'ee 12:20 TOWN OF SOUTHOLD- P.2i3 Town Hall, 53095 Main Road ' P.O. Box 1179 Southold, New York 11971 �1c 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 SCTM4 1000-45-1-1 Dear Dave, Enclosed please find confirmation from H. B. Sherman that water and sewer contracts between. the Village of Greenport and Tidemark are valid and in effect. Very truly yours;' BENNETT ORLOWSKI , JR. CHAIRMAN DEC 09 '88 12:20 TOWN OF SOUTHOLD P.3i3 VfflCerS UTILITY OFFICE TEL. MAYOR yway. of tgree� ort (s 16)477.I748 GEORGE W.HUBBARD INCOIIPOIIATLD ,.,• � POWER PLAINT TE L_ W . Nf MCOfMO,1AnOM APR,L 7.1446 (516)477•0172 TRUSTEES at-,11C.O NPOS A71e/1 UMOL■ ACNL.AL LAW WAS to, ,AVs STEPHEN L.CLARKE JEANNE A!.COOPER �tr DAVID S.CORWIN ••• ••--. ", GAIL F.HORTON ' �( ,��° _ /// J � 9�pljK O S C A N 5UPT.OFUTILITIES JAMES 1.MONSELL 236 THIRD STREET L,� rC P.O.BOX AH GREENPORT,SUFF•OLK COUNTY � { NEW YORK 11944 FLif,1(NIiJG 8i;�1}tD December 5, 1988 Mr. Bennett Orlowski , Jr. Southold Town Planning Board Southold Town Hall 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, . .herman Ass't Sutp. of Public Utilities HB5: Ikm Cc: George Hubbard, Mayor Village Trustees Utility Committee inn -- MEMORANDUM TO: Town of Southold Planning Board FROM.: Szepatowski Associates, Inc. RE: Cliffside/Tidemark DEIS DATE: November 14;--1988 --- - - ----- -------------- -- ----- ----- .._.... ---- - The following are our substantive comments with regard to the above mentioned DEIS: Page 2.23 The Orient Point/New London Ferry provides year round service, not just summer months, has this fact changed traffic counts. Page 3. 3 How will erosion be controlled during earth moving, __....._._.._—..._-__an.erosion.-contr_ol--plan_shoul.d_�_e-pre.s.ented,-for __—..._. --__-- __ example: how will the fence be maintained. Page 3.8 Site runoff is proposed to be recharged into leaching basins and transferred directly to the groundwater, however, site runoff will include oil, grease, etc. which is not wanted in the groundwater. Pages 5. 1- 5. 4 An alternative to be considered should be single family house lots. Addendum Traffic reports indicate a large deer population in the area, this was not addressed at all in the document. -__ Page 14 The Fire Department should review the project for a determination of ample pressure for fire fighting purposes. Paae 15 A contiguous, vegetated buffer should be provided by the sub3ect- property, not the adjacent property. The development is relying on adjacent property to provide screening by existing vegetation. All of the -vegetation within the 160 ' buffer should remain untouched in order to provide a corridor for wildlife. Page 16 The walkway should be constructed out of wood rather than concrete which will not be environmentally sound. This will also be more aesthetically pleasing and will not cause further erosion by construction. S41 Lt4. ENVIRONMENTAL CONSULTANTS & PLANNERS S41 Page 16 The setback from the edge--of--the bluff -should be 100' rather than 75. Page 18 -The silt -fence proposed -should -be installed prLorto - - removal of topsoil. Page 20 The entire site (7 acres) , should be considered as the water shed,_ not only 4. 65 acres. bA Ltd. ENVIRONMENTAL CONSULTANTS & PLANNERS �i New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 (516) 751-790.0 homas C. Jorling ommissioner 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 - Comments 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. Very truly yours, Joseph B. Hall Environmental Analyst JBH:rw enclosure cc: JBH (SEQR File) C. T. Hamilton Robert Wither F. Panek 1 Ta: qo-u Ce-M a o-n u4" mati I�.UE� �)oIs e,J u-a Z&tA 4 OM ,ge 2-13, 1� �EIS. .a �' «goocQ.QOud actC-et aeu--&%o..% ;" t�o &Vj T c E!5 mct cAc .tea �.,mud � n�►.cn. ��. ,Vv�(� .�:e.,C,o�i.(,�� Nu,n,o�,�. ,w� ea, e c,e-E. Now. F&,_ i uTLU_I-e wadi. At., a� �, , M,, +U,�,` wad J_j, � db� rlv�-CX;l ILAA AAP-& T o" caM N--O t JUV-AA r64AcL C. v o roe 3-3 & � � -�iz - Aaa , LAY VV Sara L1,,,,d a+Af� ,cam,, all E. W&L : 6aac�e -Q 44om LA �. OM a,,ja - L t fzx� rr -c ---ram . - matA . c 7&e .o. o o4l CkctL u-a 'Y1 Q.Gaa, .Q.�.�.�-. ©,� cam .��.c�l,,�;xc�� a�¢c� ,�.�-r► � d � 9 �°IAJ Pw' b"`� °-VI , i 'I-A .Q..UVJLC .i.ati+ CA- Aa-C.4 • 6z�q�e �-� a T-7, � urr� 0 6-&Op Al-Z tlun�Al-3 �- PAM -U� May j. AVM A"yj+ etV-t j s-ts Leo -Pt& n ,de _Qr2 4 mYL4 aMA Am-ti .a,40 )jAe � cam'' ,dL -. , Z�.6ic.oYt J. S szc , y,�-e�reQs�a��rn Q ea t e,o-, 1tz 6-1 IIAJ� wDtA � s Section III A Lead Agency' s Response to Public Hearing Comments S41 SZEPATOWSKI ASSOCIATES INC. C�A' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS TRAFFIC Ronnie Wacker: The DEIS and Addenda address the issue of traffic. In the most recent addendum from September, 1988, the preparer references the most current traffic count information available from the Traffic Division of the Suffolk County Department of Public Works. This count was taken in August 1985 and updates the previous reference made in the DEIS. Steven Gressac: The DEIS and Addenda prepared discuss the high occurrence of traffic accidents in the area. The September 1988 Addendum includes Town police accident reports, which make it evident that the area is an existing hazard. SZEPATOWSKI ASSOCIATES INC. S1 ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS Section III B Lead Agency' s Responses To Written Comments S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS TRAFFIC: Southold Town Zoning Board of Appeals and Town Planner : The Addendum to the DEIS notes a revision in the layout of the egress to prohibit left-hand turns onto County Route 48. The entrance to the site would be restricted to the easterly driveway into the site. While this would help to mitigate the traffic hazard created by limited site distance, a reduction in the number and in the size of the units would be an even greater mitigation factor. There is a concern with regard to past accidents which have occurred in the area. Unless the Chapel Lane/CR 48 intersection is improved, all reasonable measures to minimize traffic impacts at that intersection must be taken. Again, reduction in number and size of units would reduce. the project' s impact. VISUAL IMPACT: In response to the Town Planner' s memorandum, the visual impact of the project was addressed in the September 1988 Addendum to the Draft. Plans were included which indicated the cross sections of the buildings in relation to the bluffs and Middle Road. On the Middle Road elevation, deciduous trees are SZEPATOWSKI ASSOCIATES INC. C� AI ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS indicated along the road. While these trees are adequate street trees, and may provide for some screening during the growing season, they do not provide screening for the motel proposal year-round. It is also apparent that' the rendering depicts tall, mature trees which will have be added to the existing natural vegetation, and which will require substantial irrigation (from a stressed municipal water supply system) to sustain them in their early years of establishment. However, according to the landscaping plan, the trees planted will be 3-3 1/2 caliper which would not provide the screening needed. The Lead Agency finds that a 39 foot wide buffer of existing natural vegetation on the east and west property lines and a further setback for buildings E and F and landscaping with coniferous trees (other than black pines) and berms will be necessary for screening. The re-landscaped areas must use drought resistant trees, shrubs, and grasses to limit irrigation requirements to reduce water demand during the summer. The Lead Agency finds that a reduction in the number and size of the motel units and scaling down ' the height of the buildings with one-story buildings along the Middle Road and two-story units along the Sound would minimize visual impacts. This would also provide more conformance with the surrounding land uses. 1 SZEPATOWSKI ASSOCIATES INC. ' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS In response to the Town Planner' s memorandum and comments from SAI with regard to a vegetative buffer, the applicant discusses this in the addendum. However, the Lead Agency finds that a contiguous, vegetated buffer must be provided on the subject -property, not the adjacent properties. The development proposal is relying on adjacent properties to provide screening from itself. If the adjacent property is needed for screening, then obviously the project size needs to be reduced in order to allow for proper screening on the site. A minimum of thirty feet of dense, mature evergreen drought resistant planting, or the retention of existing growth, would be sufficient. Also, all of the vegetation within the 100 ' buffer along the Sound, (except where necessary for the installation of wooden posts for a catwalk to the beach down the face of the bluff) and along Middle Road shall remain untouched, except at the entrance drive to provide a visual screen and minimize the impacts of construction. The single family residence near the southwest corner of the property will be adversely affected by noise and lighting from the proposed pool and tennis courts and thus a thirty (30) foot wide buffer of existing natural vegetation shall be retained along the entire westerly boundary of the site. To protect the 1� SZEPATOWSKI ASSOCIATES INC. C�/�' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS easterly abutters from construction impacts, noise, adverse lighting impacts, slope erosion and visual intrusion, a natural buffer of thirty (30) feet of existing vegetation shall be maintained on the easterly boundary. WATER SUPPLY AND SEWAGE DISPOSAL In response to comments from the Town Planner, there is documentation from the Village of Greenport which confirms that the water and sewer contracts are still valid. The Water Supply Unit of the Department of Environmental Conservation questions the Groundwater Hydrology, and Water Supply. The DEIS states "800 gallons per day per acre in an average rainfall year, percolates through the ground and eventually reaches the groundwater table. " While the source is not stated, this is too low of an estimate. According to the Suffolk County Comprehensive Water Resource Management Plan of the Suffolk County Department of Health Services in September 1986, the average gallons per acre recharged in the County is found to be 1750 gal./per acre/day. Therefore, the estimates used in the DEIS are too low for on-site recharge. SZEPATOWSKI ASSOCIATES INC. e n' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS The DEC also questions the lense of fresh water stated in the DEIS. The preparer references the Ghyben - Herzberg Relationship which, as per the North Fork Water Supply Plan, has been found to underestimate the actual depth of available fresh water. Without an on-site analysis of groundwater such estimates are not sufficient for drainage purposes. The DEC also comments on the use of potable water for other uses such as irrigation, pool filling and makeup. The Lead Agency finds that potable water supplies on the North Fork are too valuable to be used for swimming pool filling and makeup and non-potable sources are recommended. Other measures to limit potable water uses to be included on the final site plan include drought resistant vegetation, as noted earlier, installation 'of a landscape sprinkler system which is automatically activated by soil moisture or none at all. Thus, a separate well for irrigation, pool use, and air conditioning is strongly recommended to be shown and evaluated by the Planning Board when it considers site plan approval. RECHARGE: SAI and the DEC have noted the issue of groundwater recharge. The DEIS states that the site development will actually increase the supply of water to the groundwater regime with little SZEPATOWSKI ASSOCIATES INC. e/�I ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS substantiation. However, without knowledge of soils by actual on-site borings, statements about recharge cannot be verified. It is strongly felt that existing recharge and runoff needing to be recharged after site development, are both too low due to underestimations of the total area on the site needed to be drained. As per the DEIS, most of the site has soils with severe limitations due to moderately slow permeability. With the amount of pavement and site improvements proposed there will be impervious surfaces over 55% of the site (landward of the bluff) . While leaching pools proposed may capture a two-inch rain, because of the soil limitations, runoff water may not be absorbed into the ground quickly enough to prevent runoff from ponding and running toward the bluff. Therefore, the amount of recharge stated may not occur in actuality due to low soil permeability. It is also noted, that a two inch rainfall in 24 hours is used for drainage calculations. However this is exceeded at least annually, and is insufficient to design a drainage system on so sensitive a site. The Lead Agency will require a twenty-five year storm (six inch rainfall in 24 hours) frequency to be the design storm. The drainage calculations must be revised for a six inch rainfall with an appropriate drainage plan submitted . f� SZEPATOWSKI ASSOCIATES INC. e A' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS based upon the revised calculations to capture and recharge this rainfall with zero net increase in runoff over existing conditions. Also to be shown on this plan is a drywell for swimming pool drainage and backwash. A reduction of impervious surfaces leaving significantly more natural vegetation for recharge would improve the site' s ability to recharge all impervious surface runoff, decreasing the danger of bluff overflow and consequent erosion damage. SHORELINE AND EROSION CONTROL: As noted by the DEC, the location of the leaching pools do not eliminate the threat of erosion to the bluff. These should be relocated to a more stable area of the site. Leaching Pool No. 6 must be relocated since it is less than the 100 ' setback from the bluff. The beach walkway proposed should not be constructed out of concrete which will cause further erosion by its construction. The walkway should be elevated and be constructed out of wood no more than four feet above existing grade, and existing vegetation be cleared only in the area necessary for individual post installation. S4I SZEPATOWSKI ASSOCIATES INC. c/�' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS All silt fencing proposed must be installed prior to removal of topsoil. Also, runoff must not be allowed to pool on the site since this may actually increase erosion problems. Further drainage analysis will be necessary at the site plan review. Erosion control methods must include a means .of recharging accumulated runoff near Route 48 or at least in the center portion of the site during both construction and operating life of the project. DEVELOPMENT ALTERNATIVES: The final design of the project must be reduced as follows: 1. reduce the traffic impact 2. reduce building and land coverage 3. reduce number and size of units (individual) . 4. require less water and thus produce smaller amounts of sewage. These environmental concerns must be given equal consideration and balanced against economic concerns. An alternative discussed by the DEIS was a reduction to 50 units. No financial documentation was offered to substantiate SZEPATOWSKI ASSOCIATES INC. e/�' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS economic feasibility of this alternative. A reduction to 58 units is felt to be a more reasonable alternative than either 74 units or 50 units. This would provide for the reduction of either one 16-unit building or two 8-unit buildings along with associated parking, impervious surfaces, traffic generation, construction and visual impact for same. The reduction would preserve existing vegetation, as well as decrease other environmental impacts such as impacts to wildlife, noise and danger of bluff erosion. As noted previously, an acceptable alternative would reduce the number of units to 58 and reduce the height of the buildings nearest Middle Road. Buildings E and F would then have a first floor grade of 48. 5 ' rather than 58. 5 'and a building height of 83. 5 feet above MSL instead of 93. 5 feet above MSL. The Lead Agency feels that reduction of individual unit size from 911 and 1042 square feet to 450 square feet will reduce project size by more than one half, in terms of land coverage, and significantly reduce water use. Four hundred and fifty square feet of room area is a reasonable size for a motel unit. Any significantly larger motel room is more appropriate for a townhouse intended for long-term residency. S41 SZEPATOWSKI ASSOCIATES INC. e nI ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS SUMMARY The Lead Agency would find an alternative that, a) increases the amount of natural buffer to a minimum of thirty feet along Middle Road and on the east and west sides of the property; b) that reduces the unit count to 58 or reduces the individual unit size to 450 square feet at a maximum of 74 units, c) reduces the buildings facing on Middle Road to one-story, and d) incorporates the findings on the subjects of traffic, visual impact, water supply and sewage disposal, recharge, and shoreline and erosion control, will minimize environmental impacts to the greatest degree practicable. SZEPATOWSKI ASSOCIATES INC. ' ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS