HomeMy WebLinkAboutPB-08/10/1987 P D
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Southold, N.Y. 11971
(516) 765-1938
Planning Boatd-.:Mini}tes
August 10, 1987
The Southold Town Planning Board held a regular meeting on Monday,
August 10, 1987 at 7: 30 p.m. at the Southold Town Hail:.,:_+_Main
Road, Southold, NY 11971.
Present were:
Chairman Bennett Orlowski, Jr.
Member William'
ill .amr_'F. Mullen, Jr.
Member G. Rithcie Latham, Jr.
Member Richard G. Ward
Town Planner Valerie Scopaz
Executive Administrator Victorl.,Lessard
Planning Consultant David Emilita
Planning Board Secretary Diane M. Schultze
Absent-Kenneth G. Edwards, Member
7 : 30 p.m. Public hearing on the Draft envirionmental Impact
Statement submitteq for the affordable housing project proposal
and town house proposal located at Moores ' s Lane and County Route
48, Greenport, to be known-aas "Cedarfields" and Mooresland"
respectively. 1000-40-5=1/
Mr. Orlowski: Good evening I would like to call this meeting
to order. The first,-order of business is a public hearing on
the Draft Environmental Impact Statement submitted for affordable
housing proposal and town house located at Moore:! s Lane and County
Route 48, Greenport to be known ,as "Cedarfields and Mooresland"
respectively. Second, after this we will close this hearing
and open another public hearing on the question of approval of
the preliminary maps for the major subdivision,-.as noted above.
I would just like to tell you that this first hearing is on the
environmental impact statement for the total project, it will
be comments from anybody that wants to comment and it is on the
total project and that will be on questions. The second one
will be on the preliminary map for Cedarfields subdivision itself.
So, opening the environmental hearing; I will ask if there are
any qestions or comments. Not questions, comments on the Draft
Environmental Impact Statement submitted by the Cedarfields '
affordable housing project and Mooresland Town house project.
-.(none) It is going to be that easy.. Hearing none. Any questions
from the Board, Mr. Mullen, none,:. Mr. Latham, none; Mr. Ward;
none. Mr. Emilita?
Planning Board Page 2 8/10/87
Mr. Emilita: Yes, I would like to enter in to the publ3a record
on this hearing on the DEIS that in accord with our memo to the
Board on May 21 and subsequent letter on July 8 and response
by Peconic Associates on August 7, there is still no calculated
evidence that the well will work and I would like the record
to so state that the subject is still no sufficiently treated
for the purposes of SEQRA. We have not taken a hard look as
to whyi-this well will work. And, I will defer other comments
at the moment, this is the major concern.
Mr. Orlowski: Okay, Ms. Scopaz, do you have any comments.
Ms. Scopaz : No, I think Mr. Emilita addressed the main, concern.
Mt. Orlowski: Okay, any other comments?
Mr. John Costello: My name is. John Costello and I am one of
the individuals involved with the project. I would like to make
a comment on Mr. Emilita' s comment on the well. No one is going
to guarantee any one; s well in anybody' s house that pre-exists
now is going to work. The only kind of proof that -the well
is going to work to the satisfaction of the Greenport Village
and the Greenport public department and water department. We
ran the test, we ran several tests for that department and had
it tested by the County, we pumped in excess several times, this
is in a zone that has a back up to Silver. Lane. There is a back
up there. There is water there, there is another fresh water .
pond to the East of it, we have encountered nothing but good
gravel, perculation is good at that location, no environmental
impact statement of DEIS is going to 100o address everyi:uninor
item. I doubt that anybody but Christ could come up with�.an
impact statement and ooverIall with the items that would appease
everyone. We have a couple of important things that are in the
DEIS. Southold has a lot of resources that they have to protect,
they have to protect their water, Mr. Emilita is right on that
fact. They have to protect their open .space, they've got to
protect their sand, their gravel, their topsoil, their businesses
but the most important resource Southold has been neglecting
is these young people and I h:opeL-that hasemore power to th eBoard
to make their decision. They have been neglected, other ones
have beeninvestigated on everyones DEIS and I hope you take it
into consideration. Thank you.
Mr. Orlowski: Okay, any other comments? Hearing none, I will
declare this hearing closed and move onto public hearing on the
questin of approval of the minor subdivision as noted above,
Cedarfields. Cedarfields is the affordable housing part, the
part which will be treated as a subdivision. The other part
will be treated as a site plan. We how have the preliminary
maps and everything is in order. We have proof of publication
in both newspapers and I will ask now if there are any objections
to this major subdivision. Hearing none are there any endorsements
of this �iaj,or subdivision?
Mr. Costello: I repeat.
Planning Board Page 3 8/10/87
Dave McMann: My name is Dave McMann; I would like to give Mr.
Costello alot of credit for what he is doing and I am endorsing
the project. Thank you.
Mr. Orlowski: Any other endorsements?
Mr. George Wetmore: George Wetmore, Ex Vice Chairman of Affordable
Housing, Vice President of the Chamber of Commerce, Greenport/Southold.
Finally, gentlemen we are here, by God it took us long enough,
we have worked for three years on it. I:.-think it is a fine thing
that Diane and Don came out to us. Actually the Chamber of Commerce
took a position several years ago, endorsing affordable housing
because we are loosing our intelligent working people so quickly.
Please gentlemen go ahead with it.
Mr. Orlowski: Any other endorsements?
Joann Kranshaw: My name :is Joann Kranshaw and I am an applicant
for the affordable housing. You are going to get rid of all
your young people if you�-,doh''t do something. People can not afford
rent around here. And, the affordable housing is the only thing
left, you' ll have all the older people and no one else otherwise.
Mr. Orlowski: Anyone else.
Robert Schoot: Robert Sbhoot, Greenport, and I am also an applicant
for that affordable housing and I endorse it 1000.
Lorraine Hage: Lorraine Hage from Southold and I am also an
applicant and I think you should stop building senior citizen
communities and start building affordable housing.
Paul Skernik: Paul Skernik-1- I am a delegate of 1199 Eastern
Long Island Hospital. Not only do I personally endorse that
map but in the past the hospital has had trouble maintaining
a::staff, as well as attracting new people. I personlly have
done my own research in other states and what attracts people
in different areas, however being one case in point one of the
big things is the availablity of affordable housing. Affordable
housing should be not only for senior citizens , but younger
people who have just run out of breath, they were holding their
breath for affordable housing. I personally.;Lendorse this- and
would like to see us get off the stick .-for commercial development
and stop developing thousands of square feet of commercial property
and start affordable housing.
Mr. Orlowski: Anyone else?
Lydia Wells: I am Lydia Wells. I am a guidance counselor for
the area, I am also an applicant of this project. Many years
my husband and I spent in the milatary and we came back here because it
and we hope to stay here, but we are not sure we can is home;
I endorse this project.
Mr. Orlwoski: Anyone else?
Planning Board Page 4 8/10/87
Mr. Orlowski: Is there any one else neither pro nor con but with
information pertaining to this subdivision whibh may be of interest
to the Board? Hearing none, questions from the Board, Mr. Mullen;
none; Mr. Latham, None; Mr. Ward, none; Mr. Emiliat, none; Ms.
Scopaz , none. Being no further questions, I will declare this
hearing closed and thank :.you for coming down.
On a motion made by Mr. Ward, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board set Monday, August
24, 1987 and Monday, September 14, 1987. at 17: 30 p.m. at the Southold
Town Hall, Main Road, Southold as the time and place for the
next regular Planning Board meetings.
Vote of the Board: Aye: Orlwoski, Mullen, Latham, Waed
On a motion made by Mr. Mullen, seconded by Mr,.Latham, it was
RESOLVED that the Southold Town Planning Board approve the minutes
for the regular meeting of July 27, 1987.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOVLED that the Southold Town Planning Board authorize the
Chairman to endorse the final subdivision of Harbor View located
at Mattituck. All conditions of the final resolution have been
complied with. SCTM #1000-115-17-17.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Latham, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board authorize the
Chairman to endorse the final site plan map for the site plan
for the constructionoof�.ia parking area located at Cottege Place
for Mullen Motors. SCTM # 1000-62-3-19.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
On a motionf;mdde by Mr. Ward, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board authorize the
Chairman to endorse the final survey for the minor subdivision
of Russell and Joan Mann located at Southold, SCTM # 1000-69-3-6.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
Planning Board Page 5 8/10/87
On a motion made by Mr. Latham, seconded by Mr. Mullen, it was
RESOVLED that the Southold Town Planning Board authorize the
Chairman to endorse the minor subdivision maps for Winds
Way Building Corp. ; all conditions of final approval have been
met(�'wSCTM # 1000-116-1-8
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward-;
On a motioni.made by Mr. Mullen, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board accept the final
inspection report from Engineering Consultants, Sidney Bowne, approving
the --access road within the minor subdivison of Vine View
Associates (Breslinf)f} SCTM #1000-69-1-4/
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Watd
On a motion made by Mr. Latham, seconded by Mri- Ward, it was
RESOLVED that the Southold Town Planning Board accept the final
inspection report, , from the Engineei�ng Consultant, Sidney Bowne,
approving the access road within the minor subdivision of Prank
Stillo, now Brokow, located at Orient, SCTM # 1000-14-2-30.
Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning.'_:Board accept and request
compliance with the inspection report of of the Engineering Consultants,
Sidney Bowne, with regard tot-the drainage proposed for the site
plan for The Cove located at Main Bayview Road, Southold, SCTM
# 1000-87-5-20.
Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Mullen, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board accept and request
compliance with the inspection report of the Engineering Consultants,
Sidney Bowne, with regard to the access road within the minor
subdivision of William and Muriel MurreyLlocated at Cutchogue,
SCTM # 1000-9701-8.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
Planning Board Page 6 8/10/87
On a motion made by Mr. Mullen, seconded by Mr. Latham, it was
RESOVLED that the Southold Town Planning Board accept and request
compliance with the inspection report of the En4ineering Consultants,
Sidney Bowne, with regard to the access road within the minor
subdivisionoif Whitcome Investment Co. located at Orient, SCTM
# 1000- Mr. Latham questioned the number of homes
constructed in this subdivision and Mr. Lessard responded there
were two or three.
Richmond Shores SCTM # 1000-86-4-4. 1 and 4. 29 - The Board was
to give recommendation to the Town Board with regard to the specific
amount of the updated bond for this major subdivision which had
been approved. The Town Engineer had submitted a bond estimate
for the update inLthe amount of $250, 000. In his review, Mr.
Raymond Jacobs, Highway Superintendent, noted that. some of the
items, inparticular, firewell, trees and seeding were low.with
regard to the amount. It was the consensus of the Board to increase
the bond estimate submitted by $50 , 000 for a total of $300 , 000
for the updated bond.
On a motion made by Mr. Ward, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board recommend to the
Town Board that the updated bond estimate for the major subdivsion
of Richmond Shores be increased to $300, 000 , 4nd that the applicant
submit anyupdated bond, letter of credit, or passbook forrthis
amount to the Town Board with a differential on the inspection
fee. This resolution supercedes the Board' s resolution of Ju&e
1, 1987 and is as per the correspondence of RaymonddL.. Jacobs,
Highway Superintendent with regard to the initial updated bond
estimate.
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward, Edwards
On a motion made by Mr. Ward, seconded by Mr. Latham, thewfollowing
action was taken:
I ..ED t:13.3i: L_ SvLI't. It>_..C: `.L(A.".E1 :c�.!
WHEREAS, a formal application for the approval of a subdivision
lat, entitled Minor subdivision of P.apadopolous and Maragos ,
was submitted to the Board on July 7, 1987 (final application)
and filing fee of $125 was paid, and
WHEREAS, a final public hearing Nwars held on said sflbdiiti§ion and
plat at the Southold Town Hall, Main Road, Southold, New Yokk
on July 27, 1987 and,
WHEREAS, the requirements of the Subdivision Regulation sof the
Town of Southold have been met by siad subdivision plat and
application,
I
Planning Board Page 7 8/10/87
NOW, THEREFORE, BE IT RESOLVED, that the appilcation of Papdoplolous
and Maragos for approval of said subdivision plat prepared by
Rod Van Tuyl and dated:June:�17-,.:.:1987:4be,.°approved subject tothe
following conditions, to be completed within six (6) months from
the date of this resolution: SCTM # 1000-59-3-17.
1. Placement of fire wells , if required by the Southold
Fire:.District.
2. Covenants and restrictions stating no further subdivison
of Lot No 3 to-.be filed in the office of the County Clerk with
ai-.certified copy of same to the Office,. of the Planning Board.
3. Payment of $10, 750 to the Town Clerk as payment in
lieu of land for park and playground.
4. Drainage as per Inspector John W. Davis in his report."
No..,,560 .
Vote of the Board: Ayes : Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Mullen, seconded by Mr. Latham,".the following
action was taken:
WHEREAS, a formal application for.:the approval of a subdivision
plat, entitled Richard C. and Anita C. Wilton was submitted to
the Planning Board on January 16, 1986 and filing fee of $350
was paid, and,
WHEREAS, a final public hearing was held on said subdivison and
plat at the Southold Town Hall, Main Road, Southold, New York
at July 27, 1987 at 7: 45 p.m. , and,
WHEREAS, the requirements of the Subdivision Regulations of the
Town of Southold have been met by said subdivision;.,plat and application,
NOW, THEREFORE, BE IT RESOLVED, that the application of Richard
C. and Anita C. Wilton for approval of said subdivsion plat prepared
by Howard Young, dated as last amended April 22, 1987 be approved.
SCTM # 1000=40-3-6.
Vote of the Board: Aye: Orlowski, Mullen, Latham, Ward
On a motion made by Mr. Latham, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board set Monday, August
24 , 1987 at 7: 30 p.m. at the Southold Town Hall, Main Road, Southold
as the time and place for a::public hearing on the question of
Planning Board page 8 8/10/87
approval of the minor subdivision of Helen and Stanley Simchick
located at Cutchogue, SCTM # 1000-101-1-19.
Vote of the Board: Aye: Mullen, Latham, Ward
Abstained: Orlowski (relative)
On a motion made by Mr. Ward, seconded by Mr. Mullen, it was
RESOLVED that the Southold Town Planning Board set Monday, August
24, 1987 at 7: 45 p.m.at the Southold Town Hall, Main Road, Southold .
as the time and place for a public hearing on the,. question of
approval of the minor subdivision of David Wilmerding located
at Fishers Island, SCTM # 1000-9-9-2 and 3.
Vote of the Board: Ayes : -.Orlowski, Mullen, Latham, Ward
Francis _:F�.jiAdams =_,,SCTM # 1000-3=3=3- Mr. Thomas McVann, Esq.
was present as the attorney for the applicant. It was noted
that Mr. Ken Edwards, Boardmember, ,was �_abstairiing from any action
or discussion with regard to this as a member of his family was
involved in litigation with the applicant,which is, no longer
pending. Mr. Orlowski read into the, minutes a memorandum issued
by-:.:the Exective Administrator of the Building Department, Victor
Lessard, to wit: " In researching this project, I find the following
conditions and have stopped the activity untilsuch time as these
conditions are resolved to the satisfaction b:f the town. 1) Application
was submitted under the presumption that the pending subdivision
would be approved. 2) Property has been cleared to the bluff
with possible violations. 3) There is only one permit :(now
stopped) with future proposal for a swimming pool; tennis court
and a dwelling on the vacant lot that is adjacent. Steps Required:
1) Both Southold Town trustees and Zoning Board of. Appeals will
have tb inspect property to see if any violations ::under Sections
100-119. 2 and 97-13 have been committed. 2) The Planning Board
should continue addressing the revised subdivision as applied
for; but the present condition should be no bearing on the Planning
Board' s decision. 3) Should the Planning Board decide to leave
the subdivision in it' s present form, then the resulting conditions
will have to be addressed. (a) If building, presently started,
is not removed and put in it' s property set-backs; then the present
approved subdivision will revert to a two lot instead of a three
lot minor. Any future activity, as presently proposed as future,
will have to be re-evalutated. " Mr. McVann stated that when
the application was made for a building permit, which was granted,
the lot line shown on the subdivision was clearly delinated and
he did not believe that there was any mis understanding. Mr.
Orlowski staetd that the misunderstanding was that the maps submitted
for a buiding permit did not have any approval. Mr. McVann stated
that the Suffolk County Health Department had approved the map
which submitted to them with the lot line as proposed, and that
no one represented that the lot line was not proposed to any
agency. Mr. McVann submited the map for the lot line change
to all the agencies involved to try to coordinate all approvals.
Planning Board Page 9 8/10/87
Adams, Cont.
Mr. McVann stated that the lot line proposed was as FIDCO wanted
it. Mr. McVann also staed that the lot conformed to the two-acre
zoning. Mr. McVann stated that he had a letter from Fishers
Island Development Corp. , which was in agreement with the lot
line change proposed. Mr. Orlowski stated that Mr. Edwards had
received a leter from Fishers Island Development Corp. , (FIDCO)
which he read to the secretary. Mr. Orlowski read this letter
into the minutes as follows : " I would,.-like to state what Fishers
Island Development Cor. , (FIDCO) believes with regard to re-drawing
the lines of the B'brien property on Fishers Island. FIDCO believes
that the Olmstead Plan should be the defining document for the
East End of Fishers Island and has been working with the Townspeople
and the County toward this end. FIDCO further believes that
any changes to the Olmstead Plan should conform tothe three acre
zoning in the proposed Southold Town Master Plan or should be
such that the number of potential building lots is reduced. My
understanding is that neither of these are accomplished by the
proposed change, therefore, regardless of Mr. O'brien' s lawyers
statement to .the contrary; FIDCO does not favor this change for
it will result in creating an undersized lot. Sincerely, William
C. Ridgeway, President. " Mr. McVann submitted the letter which
he received from Richard Baker stating that FIDCO was in favor
of this. Mr. McVann stated that he would copy this letter and
submit it for the record and he requested a copy,.iof the recent
correspondence from FIDCO read earlier. Mr. Mullen stated that
because of the discrepancy he would like to check this situation
out with FIDCO. Mr. McVann stated that the intent of the Olmstead
Plan will be accomplished with three houses on six acres and
that three acre zoning was not the law. Mr. Orlowski stated
that the Board granted a previous lot line change in December
1986 and for tax purposes scheduled this action prior to 1987.
Mr. McVann stated that that lot line change was for the seller
of the property to clarify .!Y three homesites.:as was:--noted on
the Olmstead Plan. This recent submission was for Mr. O'Brien
who purchased the property. Mr. Lessard stated::'lthat the Building
Permit was appiled for with they:though that the lot line change
pending would be approved. If this is not approved, however,
because the house is to be located straddling an::existing lot
line then the lots will merge and be considered one. Mr. Orlowski
stated that the.:Board will meet with:-.the Town Attorney with regard
to this proposal. Mr. Mullen also requested a copy of the correspondence
received by Mr. McVann from the FIDCO representative and he wanted
to investigate this further with FIDCO. Mr. McVann expressed
concern with regard to the stop work order and his clients expenses.
Mr. McVann stated that his client hopes to complete the house
which was under construction by,-the winter, and if there-,were
any damages with regard to this stop work order he felt his client
would seek reimbursement from the Town. The Planning Board
that any violations with regard to the construction should be
considered by the Building Department. . They advised Mr. McVann
to contact,_Mr. Lessard. Mr. Ward suggested that Mr. McVann revise
the buildig permit to be for both lots whibh:.the house was on,
this-way','the lots would merge and the applicant would have to
come back to'.:.the Planning Board. to-?--re-separate them.
Planning Board Page 10 8/10/87
Francis Adams, cont.
Mt. Lessard stated that there;:were still problems with regard
to they disturbance within the areac;of the bluff. ',,.Mr. McVann stated
that Chuck Hamilton of the DEC was in the area and made an inspection
and he also presented a release from the 'Town Trustees. Mr.
McVann stated that Mr. Hamilton was on Fishers Island with Steve
Walsh, the architect, and .they tied ribbons around the trees
which would be torn down and it was all reviewed. The Planning
Board stated that the Trustees correspondence with regard to-:..
the placement of the house in relation of the bluff was not of
concern to them, but rather the buiding department. MR. McVann
questioned getting the building permit squared away and Mr. Lessard
staed that he would only consider this after all the violations
have been squareddaway. It was the consensus of the Board to
discuss the matter with the Town Attorney and scheduled this
matter on the next available agenda.
On a;.:-:motion made by Mr. Latham, seconded by Mr. Mullen, it was
RESOVLED that the Southold Town Planning Board grant a 90-day
extension on,-,the filing of the final maps for the major subdivision
of Charles Acres located at Peconic, SCTM # 1000-86-1-10. 7, pursuant
to the request of the applicant so that Atticle 6 approval may
be obtained from the Suffolk County Department of Health Services.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
ON a motion made by Mr. Latham, seconded by Mr. Ward, it was
RESOLVED that the Southold Town Planning Board declare themselves
lead agency under the State Environmental Quality Review Act
for this mior subdivision of Plum Gut Properties located at East
Marion, SCTM # 1000-18-3-9. 1. .
Vote of the Board: Ayes: Orlowski .,Mullen, Latham, Ward
On a motion made by Mr. Ward, seconded by Mr. Latham, it was
RESOLVED that the Southold Town Planning Board approve the site
plan for Trw:ip and Sondra Thompson ('Thompson' s Emporium) located
at Main Road, Southold, SCTM # 1000-63-1-8; for construction
of a retail sales building. This plan has been certifed, siteplan
dated as amended: July 29, 1987.
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
Planning Board Page 11 8/10/187
On a motion made by Mr. Ward, seconded by Mr. Latham, the following
action was taken:
WHEREAS this Board adopted a resolution on the 6th day of July
1987 relating to the final site plan of "Breakers at Lands"Etid"
and WHEREAS the owner of the premises in conformity withthe aforementioned
resolution is desirious of entering in to an agreement witht
he Board confirming the prvision of the resolution and to signify
the owners acceptance of the terms of the resolution, now, THEREFORE,
IT IS HEREBY RESOLVED that the Chairman of the Planning Board
is hereby authorized to sign the final site plan of "Breakers
at Lands End" and to execute the agreement between Green port
Development Corp. and this Board relating to the July 6 resolution
of this Board, and be it further RESOLVED that a signed copy
of this agreement be filed with the minutes of this Board as
well as being filed in the "Breakers at Lands End" Planning Board
SCTM # 1000-35-1-25 .
Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward
The following is the agreement between--the Greenport Development
Corp.and the Planning Board with was executed at this meeting.
The final site plans were also endorsed by the Chairman at this
meeting following the above resolution.
THIS AGREEMENT made. the i d day of -August, 1987 , between
,GREENPORT DEVELOPMENT CO. , a New York partnership, having its
1principal office at 53 Glen Cove Road, Greenvale, New York 11548
k hereinafter referred to as "OWNER") , and the PLANNING BOARD
11
OF THE TOWN OF SOUTHOLD, with office at 53095 Main Road,
Southold, New York 11971 (hereinafter referred to as the
I1"PLANNING BOARD") .
i
j WHEREAS, the OWNER, is a partnership consisting of Bruce
Wolowitz and Goldie Wolowitz , as successors in interest to
I I _ ..
jGREENPORT DEVELOPMENT CORP. , and as such have title to a certain
I'
parcel of land lying and being at Greenport, in the Town of
(Southold, County of Suffolk and -State of New York, by virtue of a
'deed dated December 31 , 1986 and which is recorded in the Suffolk
;County Clerk 's Office on January .28, 1987 in Liber 10231 , page
438., and is more fully described on the attached Schedule A; and
WHEREAS , the PLANNING BOARD at a regular meeting 9 g on Septem-
------- --- - - ------ -------------------
Planning Board Page 12 8/10/87
ber 15, 1986, approved the site plan for "The Breakers at Lands
'End" located at New York State Route 25 , Greenport, New York, for
construction of 350 condominium units and amenities as indicated
on the site plan dated December 2 , 1985 (Sheets 1-25 ) by- Steven
Hyman, Consulting-. Engineer , subject to the following conditions:
Condition #1 Covenants and restrictions filed with the of-
fice of the County Clerk that the roads within this -.develop-
ment will remain private and will not be offered for dedica-
tion and . will not be under the jurisdiction of the Southold
Town Highway Department:
Condition #2 Posting- and acceptance by the Town Board of a
performance bond in the approved amount of $100 , 000. 00 for
bluff plantings for the Long Island' Sound .bluff stabilization
and erosion control on the site.
!; Condition #3 Receipt of an insurance policy naming the Town
as an additional insured with regard to the unfenced ponds.
11 Condition #4 A one-year review by the Planning Board and
it inspection prior to the issuance of a certificate of occu-
y pancy.
Viand
�i WHEREAS , the OWNER has complied with:
Condition #1, by recording a Declaration of Covenants
3 and Restrictions in the Suffolk County Clerk's Office on
I page 250, and delivering a
February 11, 1987 in Liber 10247
if certified copy to the PLANNING BOARD on February 11, 1987.
Condition #2, by delivering to the PLANNING BOARD on
February 11, 1987, Performance Bond No. NR17688 issued by The
North River Insurance Company in the amount of $100 , 000. 00 ,
which was accepted by the PLANNING BOARD at a regular meeting
on March 30, 1987 , and referred to the Southold Town Board,
' which Performance Bond was accepted by the Southold Town
Board by Resolution at a regular meeting on April 7, 1987.
Condition #3 , by delivering to the PLANNING BOARD on
February 11, 1987 , a Certificate of Insurance issued Febru- .
ary 4, 1987, by General Accident Insurance Company naming
the Town of Southold as additional insured as respects pro-
ject at Route #25 , Greenport, Southold, New York (unfenced
ponds ) .
and
I�
WHEREAS , the parties desire to facilitate the administration
.,of Condition #4 in that the development of the site plan for the
.� 350 condominium units and --amenities will take longer than one
.- ..year to complete.
NOW, THEREFORE, the parties hereto agree as follows:
1 . The OWNER agrees , and in all respects consents-to cooper-
ate with the scheduling and completion .of on-.site inspections and ..
engineering reviews of the work as it progresses on the site plan
and condominium project. _ -- -
2. The OWNER agrees to reimburse the PLANNING BOARD for the
i
1expenses .it incurs in obtaining the on-site inspections and engi-
`I
;sneering reviews by Engineers or Consultants employed by the PLAN-
! NING BOARD for this purpose, up to but not to exceed a cost of
'_
TWENTY-FIVE THOUSAND ( $25 ,000 . 00 ) DOLLARS, of which FIVE THOU-
ISAND ($5 ,000 . 00 ) DOLLARS was previously paid to the PLANNING
11BOARD on August 5 , 1986 , the receipt of which is acknowledged.
jThe OWNER agrees to make such payments to the PLANNING BOARD
within thirty ( 30 ) days after receipt of a_ copy of a voucher_
;! authorizing payment by the PLANNING BOARD.
I
f 3 . This agreement shall be binding upon the undersigned, its
successors and assigns .
GREEN T DEVELO T '
11 b
By
Bruce Wolowitz Par
PLANNING BOARD, TOWVOF OUT LD
By r
Berme t r owski , Jr.
Chairman
PlanningiBoard Page 14 8/10/87
STATE OF NEW YORK
COUNTY OF SUFFOLK; ss . ; — - -
On the loth day of August , 1987, before me personally cam
BRUCE WOLOWITZ, to me known to be. the person who executed the e
foregoing instrument, and who, being duly sworn by me, did depose
and say that he is . a member of the firm of GREENPORT DEVELOPMENT -
CO:_, a co-partnership, and 'that he executed the foregoing
instrument in the firm name of GREENPORT DEVELOPMENT CO. , and
had authority to sign -the same, and he
he executed the same as the act and deedcwle
of osaidgfirmofome
r- thet
uses and-purposes therein mentioned.
Nottgry Public
eliTAr'e:'(13i.�i,STATw Ct'NEW YGRtC
STATE OF NEW YORK:
ss . : ;
', COUNTY OF SUFFOLK:
On the 1� day of �� , 1987 , before me personally came
�zBENNETT ORLOWSKI, JR. , to me known, who, being by me duly sworn,
; did depose and say that he resides at Stillwater Avenue,
Cutchogue, New York; that he is the Chairman of the PLANNING
jBOARD OF THE TOWN OF SOUTHOLD, which is described in and which
liexecuted the foregoing instrument; that he knows the seal of said
i!� PLANNING BOARD; that the seal so affixed to said instrument is
;; such seal; that it was so affixed by order of the PLANNING BOARD,
and that he signed his name thereto by like der.
'f
ti
!f otary Pu4wc
140TARY PUBLIC,State or Nei Yore
— _--- ^•432500'Suffol4 Coax,;;-
-- — -- --,- Cammis inn r=xpires Fut„ast 30, :r'„
Planning Board Page 15 8/10/87
SCHEDULE A ,
.ALL that certain plot, piece or parcel of land, with
buildings and improvements thereon erected, situate, lying and
being at Greenport, Town of Southold, County of Suffolk, State of
New York, bounded and described as follows:
BEGINNING at a granite monument set on the northerly side of
the North Road at the southwesterly corner of the• land now or
formerly of H. Dwight Ripley, being the southeasterly corner of
the premises herein described; running thence along said
northerly side of North Road, South 66° O1' 20" West 634. 76 feet
to land now or formerly of Schofield and McIntosh; thence along
said land now or formerly of Schofield and McIntosh, four courses
and distances : , (1) North 11° 31' 10" West 210.00 feet; thence
( 2) North 190 16' 00" West 344. 00 feet; thence ( 3) South 65° 47 '
10" West 213. 37 feet; thence ( 4) South 190 16' 00" East 550.14
feet to said northerly side of North Road; thence along said -
;i northerly ,side of North Road two courses and distances : (1)
South 650 23 ' -50" West 285. 49 feet; thence ( 2) South 660 36' 40"
West 589. 52 feet to land now or formerly of Time Structures Inc. ;
thence along said land now or. formerly of •Time Structures , Inc. i
four courses and distances: (1) North 410 391 10" West 1084.54
feet; thence ( 2) North 650 07 ' 50" East 376. 40 feet; thence ( 3) 1
North 320 28' 10" West 982. 87 feet; thence ( 4) North 320 57 ' 20"
West 4.10. 00 feet to the ordinary high water mark of Long Island
Sound; thence along the ordinary high water mark of Long Island
Sound seven courses and distances as- follows : (1) 'North 440 12 '
I40" East -564 feet; ( 2) North 25° 16' 40" East 398.12 feet; thence ,
I ( 3 ) North 58° 571 ..20" East 601. 09 feet; thence ( 4) North 420 36'' ,
50" East 169. 85 feet; thence ( 5) North 570 59 ' 40"East 188. 68
�I feet; thence ( 6) North 41° 51 ' 20" East 322. 22 feet; thence (7)
iNorth 31 151 10" East 483.72 feet to land now or formerly of
F.F. King, Jr. ; running thence along said land now or formerly- 6f
F.F. King, Jr. , the following 14 courses and distances: (1)
South 30° 10 ' 40" East 910 feet;, thence ( 2) South 31' 03 ' 40"
East 300. 01 feet; thence ( 31 South 280 19' 30" East 89. 61 feet; I
thence ( 4) South 13' 46 ' 30" East 33. 68 feet; thence ( 5) South I
270 56 ' 50" West 65. 47 feet; thence ( 6) South 0° 19' 40" East
179. 94 feet; thence ( 7 ) South 1° 34 ' 00" East 300. 20 feet; thence i
( 8) . South 3° 40 ' 00" East 100 feet; thence ( 9)' South 0° 04 ' 20"
West 172 .71 feet; thence (10 ) South 5° 18' 40" East 100. 93 feet;
thence (11) South 00 391. 30" East 100 .15 feet; thence (12) South
10 45 ' 00" East 434. 17 feet; thence ( 13) South 70 02 ' 00" East
40 . 19 feet; thence ( 14 ) South 760 49 ' 10" West 155.11 feet;
thence along said land now or formerly of King and land now or
formerly of Ripley, South 24° 34 ' 30" East 805. 00 feet to the
point or place of BEGINNING.
District- 1000,. Section 035.. 00, Block 01. 00, Lot 025. 000
Planning Board Page 16 8/10/87
Being no further business to come before the Board, on a motbn ;
mdde by Mr. Latham, seconded by Mr. Mullen, and carried, the
meeting was adjourned at 8 : 50 p.m.
Rdspectfully submitted,
iane M. Schultze, Secretary
outhold Town Planning Board
rte/-hai �n t towsk , Jr. , an
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE F/,0)51 S7 DOUR 3 ;oop M.,
Town Clerk, Town of Sou ld