HomeMy WebLinkAboutPB-03/12/1984 - 1111,rD
T Y
Southold, N.Y. 11971
(516) 765-1938
A regular meeting of the Southold. Town Planning Board was held
on March 12 , 1984 at 7:30 .p.m. at the Town Hall, Main Road,
Southold, NY.
Present were:
Chairman Hen.ry .E. Raynor, Jr.
Member `cTame s .Wall
Mehiber Benne.tt 'Orlowski, Jr..
Member William Mullen,, Jr.
Member G. Ritchie Latham Jr.
Building Administrator Victor Lessard
7 :30 Public hearing on the question of appro-',a1 for -the final, maps
of the major subdivision Homestead Acres, located at Greenport. '
On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was
RESOLVED that the' So,utholdTown Planning Board dispense with the
reading of the metes and bounds description for the property
of Homestead Acres , located at Greenport.
Vote of the ,Board: Ayes : Raynor, Mullen, Latham, Orlowski, Wall
Mr. Raynor: The legal description appeared on 'the Suffolk Weekly
Times one week commencing on the first day of March 1984 , is there
anyone inthe back of the room who has trouble hearing me? (person,
from the audience said yes) Is this any better? I don' t want the
microphone too loud. I guess I don't have to worry about how ;
well it works .Is that any better?. I 'm running out of switches .
How is that? (audience responded they could now hear the chairman)
Okay, good. Also proof-, of publication from the Long Island Traveler
Watchman for one week commencing on the first day of March1984
signed by Pat Wood and notorized by Clement Thompson. And in review
of the file, on this subdivision, we are in receipt of the filing
fee from the Town Clerk for this property, we are in receipt of a
bond estimate by P.E. Lawrence Tuthill, the bond estimate is, in
the amount of $250,000 for roads and drainage.. Further correspondence
from the Town Clerk' s office accepting the amount of the bond as
stipulated by Mr.. Lawrence Tuthill and recommended by our board.
Correspondence recJarging elevation and drainage of the roads from
the Town Engineer, correspondence to Edson and Bruer setting tonight
as the time for a public hearing; correspondence from this Board }
under the. State Environmental Quality Review Act to the Department of
Environmental Conservation located -at Stonybrook, Correspondence
from the Suffolk County Department of Health Services with regard
to this subdivision, we are . in receipt and it appears that public
water is available for this subdivisionsewage disposals as planned
r`
Y Pg. (2) 3/12./84
by individual septic systems as told should be required to insure
adaquate soil conditions . If you have any questions , please feel
free to contact me and it' s signed by Royal R. Reynolds . Correspondence
from the Board to the Suffolk County Planning Commission, correspondence
from the Town Clerk' s office, Southold Town Board at the regular
meeting on Ocotber 20, 1981 adopted the resolution for approval
of the property of Edward Speeches located at County Road 48 , in
Greenport containing 20. 093 acres as being developed in the cluster
concept, signed by Judith Terry, Town Clerk. Correspondence from
this Board to Councel Mr. Bruer resolved the Southold Town .Planning
declare itself lead agency under the State Environmental Tuality
Review Act, major subdivision, correspondence from the applicant' s
engineer,. serveyor Van Tyle compulating the area and thecluster
concept, correspondence in- the file from the Village of Greenport
' enclosed' is a copy of the contract to supply. water to the project
of Homestead Acres , North Road, Greenport, the approval for Mayor
Hubbard to sign was given by a special board meeting April 7 , 1983
and is signed by James R. Monsell. For the final application this
pretty well completes the file . The.. Superintendent of Highways
correspondence for his approval of the lot layout submitted for
the preliminary have been accepted as is the proceedure in this
type of public hearing we will ask if there is anyone present
this evening who would like to speak in -opposition of the proposed
subdivision entitled Homestead Acres situated at Greenport. There
being none is there anyone present who would like to speak in
favor of the proposed major subdivision of Homestead Acres .
Rudolph Bruer: Mr. Raynor, Rudolph Bruer, for the applicant`: I think
over the past three years everything has been said and I respectfully
request that the board grant the grant the application. Is there
any question that you want me to answer. .
Mr. Raynor: Thank ,you Mr. Bruer. Is them anyone else who would
like to speak in favor of proposed major subdivision? Hearing none,
is there anyone present this evening that has some information
pertinant to the subdivson would you come before this Board at
this time helping us make our determination. Hearing none, members
of the Board, Mr. Wall (none) Mr. Latham(none) Mr. Orlowski (none)
Mr. Mullen ( none) , I would like to note - , Mr. Bruer, there are
several considerations that this action of the Board in the next
45 days will be subject to. Number one, to date .the Suffolk County
Planning Report has not been filed with this Board and Number two,
according to the notice I have here neither the inspection fee nor
the attached bond has been paid by the applicant of your office .
Is that correct as far as my files are concerned.
Mr. Bruer: I ' ll check, I 'm not sure Mr. Chairman.
Mr. Raynor: Okay, the Town likes . it' s money.
Mr. Bruer: I ' ll check tomorrow and rectify it.
Mr. Raynor: If we worked on a percentage basis we would have it
sooner, I 'm sure. All right, there being no further questions ,
or comments pertaining to this major subdivison entitled Homestead
Acres we will declare this hearing as closed and thank those of
you for coming here f or this .
Mr. Bruer: Thank you very much.
pg (3) 3/12/84
7 : 45 p.m. Public Hearing on- the question of approval of the
final maps for the major subdivision of The Cove Beach Associates
located at East Marion.
On a motion made by Mr. Mullen seconded by Mr. Orlowski it was
RESOLVED that the Southold Town Planning Board dispense with the
reading. of the metes and bounds description for the property
of The Cove Beach . Associates located at East Marion.
Vote of the Board: Ayes: Raynor, Mullen, Latham, Orlowski, Wall
Mr. Raynor: This hearing is pursuant to Section 276 , property is
located in East Marion in the Township of Southold, and contains
69 . 1748 acres .IProof of publication ran for one week commencing on
the first day of March 1984in the Suffolk Weekly Times, and . I
guess it is signed by Susan W: Allen, notorized by Judith A Chien,
also ran in the Long .Island Traveler Watchman for one week commencing
on the first of.March 1984 and is signed by Pat Wood and notorized
by Clement Thompson. To review this massive file, in receipt of a
bond estimate by our. town engineer, Mr. Tuthill. on .the first of
last month for the amount of, road construction and drainage in
the amount of $700, 000, on the fifteenth of last month we: were
in receipt of a resolution from the Town Board approving the amount
for this subdivision and approving the recommendations from Mr.
Tuthill, we have correspondence from the Suffolk County Planning
Commission asking for- referrals to expedite the proposed subdivision
questions raised by.' the_-staff on the preliminary. map should be
answered, please - see the enclosed copy of the staff comments , and
the staff comments are conerning the approved area. as wether it
was part of the drainage, the cluster as to whether it was approved,
,the question of public access on the right of way to lot #18 a
paved roadway .with the width of 28 ' should not be used finless
there is parking along side the road to minimize the use of the
roadway, they question the depth of lots 416 through 18 inclusinve
with regard to a set back revision, provision should be made to
incorporate the surplus road area in the cul-de-sac to the adjacent
lot owners . These were staff comments We have correspondence
from Counsel of record Richard .J. Cron which refers back to each .
one of these items that have been raised, we have correspondence
fromthe Suffolk County .Department of Health Services regarding this
application as complete with their department, correspondence to
the applicant' s attorney setting this evening as the time and
place for a public hearing, correspondence from this Board to the
Suffolk County Planning Commission, copy of the legal notice metes
and bounds description, copy to the applicants attorney pertenant
to Article 6 compliance: in the Suffolk County Department of Health
Services, correspondence from the NY State DEC with regard to their
Article 25 tidal wetlands act", copy of the application for approval
of plot, correspondence from the applicant' s attorney again with
regard to filing with the Board, correspondence fromthe. East Marion
Fire District at a regular meeting March 31, 1983 , it 'was deceided
that three fire wells should be located . and they give :the locations
of these signed by Joseph Cherepowitz , secretary, correspondence
from the Department of Health Services suggests that the initial .
determination be. ,considered in. light of the fact that this project
may be type one by -the state environmental quality review act and
is signed by Royal R., Reynolds, correspondence from.;-the Board to
the NY State Dec with regard .to the State Environmental Review Act.
r pg (4) 3/12/84
Mr. Raynor: We have various correspondence between our office and
councels office concerning the eventual utilization of the roads
and the. system of drainage which they propose as well as access
and the question of the beach area, we have a certificate of
approval for perliminary plat which was given by the Town Clerk
under subdivision 3 of Section .276 , correspondence from this
office to Mr.. Deans, office, correspondence from the Board
declaring itself lead agency in regard tothe State Environmental
Quality. Review Acts correspondence pertinent to the tww-acre zoning
change thtt was affected in May, 1983 . That pretty much completes
the file, as is the proceedure with this type- of public hearing we
will ask if there anyone present who would like to speak in opposition
to this proposed major subdivision of Cove Beach Associates' located
in East Marion.
Mr. Raynor: Would you give your name sir?
. Mr. Gazza: Joseph Gazza, Hampton Bays , NY, may I approach Chairman?
Mr. Raynor: Surely.
Mr. Gazza: Also, Mr. Andrew Litteri.
Mr. Raynor: You are a property holder to the East?
Mr. Gazza: That is correct.
Mr. Gazza: Mr. Litteri- and I own together about 36 acres of land
which , all of which is. to the East of the subject application
which is before_ your Board. We have been here a couple of times
before, I know I have met, Mr. Raynor with you several times with
you individuality on this, Our opposition focuses basically on
two issues ; the main issue is the internal road system within the
Cove Beach Associates map. We understand upon review of your file
and after talking. with you that these roads are to remain private
ownership and not become public roads :, It appears to be in conflict
looking at the subdivision map because you have roads extending
into our property- for example that are not cul-de-saced but appear
to be logical extensions for future connections .
Mr. Raynor: Excuse Me, just a minute Mr. Gazza, are you saying that
some of the road work proposed extends into your property?
Mr. Gazza: It goes to . the property line.
Mr. Raynor:' To the property line .
Mr. Gazza: Right, but the logical extension would be into the
property of Mr. Litterri and .myself now that is certainly. improper
planning to provide for future access for. other parcels in the
orderly development, but with the ownership of those roads remaining
private, and with no right whatsoever neither Mr'. Litteri or myself
into those roads they serve benefit to us ; it is not as though
we are asking to use those roads for free, we have since 1979
contacted the owners of the Cove Beach Associates , it stt.rted with
Mr'. Yule and it went to the new owners I have a series of letters
some of them signed by a Charles H. G. Reese, copies to Mr. Gillespie
and Mildred Koch stating that they have no interest in allowing
us to use their roads . They want them to remain within their
subdivision map as private roads and they don't want to work together
they don' t want to consider allowing to share in the cost of imporvements
Y Pg. (5) 3/12/84
Mr. Gazza: of the roads . We have voluntered, I personally voluntered
to pay for the electricity all the way up the road, about 1600 feet,
at my own cost just to have electricity up there and they were.
not interested in that. They have been courteous , but uncomprising
onthe road issue. Certainly. proper planning would dictate that
the road system should be designed for the orderly development of
all the parcels in the area and your map does provide for that but.
with the roads in private ownership then without rights being
granted to the adjacent ,property owners who would -be dependent
on those roads , what is the purpose. put up a .road like that with
knowledge that it is going to be a private road .and you won' t have
a right to use it, it is the same practice years ago they used to
leave a one foot strip at the end of a road as a hold out strj-p,
probably some members are familiar with this the practice is no
longer in use today for. obvious reasons, but to me this is a very
similar practice where if the adjacent property owners are not
afforded rights over the road what is the benefit. What is the
planning benefit.. That is point 'one. Point two, pertains to the
focal of thie entire subdivision that being its access on the Main
State Road. The entire tract as mentioned earlier, 69 acres, has
but 8 feet of frontage, the front on the Main State Road,. this
being the only access for al`l the future homes and families . Now
the lands of Litteri and Gazza representing all. the land to the
East also have a. very limited amount of access as shown on our
survey, right down over here in this green area we have 53 .63
feet of frontage on the Main State Road, now it wax in 1982 that
Mr. Litteri applied to the NY State Department of Transportation
inquiring as to the utilization of the Main State Road for access to
his property and . eventually to my property further out on the penninsula .
and it was after about 6-7 months of work with the State that we were
able to secure a work permit No. X-82-0192 and I hav e a copy of that
here ( presented his copy to the Chairman) for a subdivision road
entrance onto the Main State Road, the State through their Hauppauge
Office, Mr. Vito Letter, .the permit and highway safety person involved
withthe State indicated to us that this is a critical point on the
road and the State is very concerned with limiting the access onto the
State Road and it for that reason that it took so much time to have
the permit issued to us . We had to construct. an 'opening there to
State specifications and we spent 9 ,000 dollars .
Mr. Litteri: No, 10, 000 dollars .
Mr. Gazza: Ten Thousand dollars in the construction of the apron
concrete, sidewalk, the curbing the handicap entrance onthe curbing
the shoulder of the 'r
oad oad had to be torn up and we put 8" of
type C asphalt. It was 'all to State specifications . Now that
has been constructed aad we. have the valid permit. _ I spoke to
Mr. Letter of the Department of transportation and I asked him
what his decision would be if an application came on the Cove
Beach property which .is adjacent to our entrance, he said that it
would .be inconceivable to his department to allow two accesses
side by side. He said it is the worst possible traffic and highway
safety problem that you could create. He said if the State would
attempt to get the owners together, by only allowing the one
entrance and making them combine so that the public benefit and
the safety of all people concerned, that one entrance on the
ghighway on theat point. Now, we have been in communication with
the owners of Cove Beach and we have requested various proposals
to obtain access over their roads , they will not talk to us . We
have an access permit and I don't, see how the Board could act on
their application without knowing whether it could have the access
f Pg (6) 3/12/84
Mr. Gazza: on the Main State Road, , for all the lots. within
the subdivision. Possibly before the Board would take action
on. this fivaa;Tmap this should be. develed into further to determine
the validity o a.t f my . stement with Mr. Letter thatthe State would
not allow a double road entrance side by side, no seperat ion.
Mr. Raynor bo you have a written stipulation from the State that
they will not allow that?
Mr. Gazza: Well, my permit, the access I have, the diagram of our
permit goes right to- the Cove Beach Line, of course, I am not
as familiar with Southold Town as with other entrances _'onto State
roads . Has this 'Board, seen situations where two -road are permitted
to enter a State road side by side ?
Mr. Raynor: Yes.
Mr. Gazza: , with no distance between the tw-o?
Mr. Raynor: Absolutly.
Mr. .-Gazza: Major subdivision roads?
Mr. Raynor: No.
Mr. Gazza:. - Okay, that is the difference. We are talking about a
road, the are. proposing 57 lots was it? On 69 acres? and the Litterri
.Gaz'za -pro.perty is 36 acres .
Mr. Raynor: How many lots are you proposing?on the 36 acres?
Mr. Gazza: Right now we have not proposed any.
Mr. Raynor: . Well then you can't 'be classified as a major subdivsion.
Mr. Gazza: Well, we have been holding back on the proposal until we
have the access issue resolved. We don't want to build a half
mile of ' road adjacent to a half a mile of road of Cove Beach, which
is , . if you can look at the survey.
Mr.. Raynor: I see they run parellal .
Mr. Gazza: The roads -are parellal, it makes no sense whatsoever
to build 1800 feet of road, of Town Spec Road side by side.
Mr. Raynor: Okay, your point is well taken. Is there anything
else you would add, or give .us information on; that is what we are
here to take this evening.
Mr. Gazza Mr. Litteri has anything.
Mr. Litteri: No, Mr. .Gazza said it all.
Mr. Gazza: I would like to this that the Town of Southampton .which
I am more familiar with; does look into the access permit issue
at a preliminary state. I guess it is a different stage that Southold
Town looks into, looks . into. You do look into whether they can ..obtain
a .permit before the map would be given final approval, .is that correct?
Mr. Raynor: . That is correct. We also have a provisision in our
subdivision regulations that.states that is necessary to obtain a
' Pg (7) 3/12/84
Mr.Raynor: waiver should have more than 20 lots with only one
ingress and egress .
Mr. Gazza: Okay., thank you very much for your time. .
Mr. Raynor: Would you see that the Board gets copies of the
correspondence from yourself to the Cove Beach Associates.
Mr. Gazza;Yea, I have them here, but I don't want to give you the
originals .
Mr. Raynor; That is all right, copies would be very sufficient.
Mr. Gazza: Allright
Mr. Raynor: Are these yours too?
Mr. Gazza: I have liatters which are signed by Mr. Charles Reese,
now I understand that Cove Beach is a partnership, he speakes
on behalf of partners, I. don't know how many are involved. But
does your file indicate that Mr. Reese is an interested party
in this .
Mr. Raynor: Our entire contact has been through counsel, Mr.
Cron. .
Mr. Kerrin: My name is Kerrin, I am a general partner in Cove
Beach Associates ..
Mr. Raynor: I don't want 'to get this into an open debate.
Mr. Kerrin: Okay
Mr. Raynor: We would be more than happy, we have plenty of time
to take any statement you would like.
Mr. Kerrin: No, I would like to say that this gentleman seems
to say that we would not speak to him and that is not true. We
corresponded to him and I think one of . the reasons we wanted the
roads to be .pp;ivate in Cove Beach is because is a private and
the roads would become under the ownership of .the people tha t
finally settle in that development and it would be a property
ownership of that road and we did not want to complicate it with
outside ownership.
Mr. Raynor: I would like to take that as soon .as we finish with
any objections so -you .will have full chance to explain everything
to us .
Mr. Gazza: . I am finished .Mr. Chairman, thank you.
Mr. Raynor: Thank you. is there anyone else present this evening
in opposition to the proposed major subdivison entitled Cove .
Beach Associates? Hearing none, then I am sure that there is
someone who would like to speak in favor of the proposed application.
Mr. Kerrin: Well, I would just like to repeat what I just .said
to that gentleman and I with regard to his second point, the
difficulty he has with the road opening, I am not familiar with
that at all and it sounds very complicated, I have no recollection
g (8) 3/12/84
Mr. Kerrie: of their every corresponding with us with regard
to that -problem.. We have been in the process of obtaining a
clearing on this subdivision or approval over a three- year
period and I just respectively request the Board for that
approval we've-tried to submit_to you a very good subdivision
one that allowed sufficient free areas for recreation and open
space and we 've been at this process for close to three years,
if not over three years and we just ask that you approve it
for us.
Mr. Raynor: Thank you very much. Is there any one else in the
audience who would like to speak in favor of this subdivision,.
Mr. - Uhl= : This. is a private road. I have always considered it
. as 'a .long driveway to my -property, - now if you had a long driveway
to your home would you want 11 to share it with somebody, I don't think
so , it' s not necessarily so that these roads have to run parallel,
he just happened to have . an opening to his property which is
adjacent bo our property, because theBoknes have not sold their
home.stead,' the Bokens stillown their homestead, so the only
available property he was able to buy is that which is adjacent
to our and happens to be :par�11al, but he doesn' t have to run
his road parellal to ours, he might avert anywhere. We have a
private road, now Brown' s HIlls has a private road and it is not
50' wide either becuase' that was done in a pre-existing time, and
is acceptable as such. Pebble Beach has a private road, it winds
into their property, they have many home-sites there, and there is
only one exit. If Mr. Gazza would like to make an issue out of that,
the opening of the Cove Beach Associates widhh is 80 ' -- the legal
requirement is 50' so you have more room on each side for whatever,
it is. What else have I made notes of. . . So I don't know why he
wants to encroach on the private road which is a private development
for his purpose.
Mr. Raynor: Is there anyone else in favor .of this proposed subdivision,
Mr. Russell : My name is Russell, I am a former owner of that property
of Cove Beach also. Quite some years ago, when Mr. Gazza purchased
that land he p.ruchased full well knowing that it was land locked
and there was no access to. it. He bought with his own eyes open,
he has no objection, to this as I see it, he has' no objection to this
development except that he is not part of it. That is about the only
way I can read it.
Mr. Raynor: Thank you Mr. Russell . Is there anyone else here this
evening who would like to speak in favor .of this proposed major subdivision
Hearing none , .is there. anyone present this evening that has some
information pertinent to this subdivision that may be neither pro
nor con but that would come before the Board at this time in helping
make a determination.
Mr. Litt,eri: My name is Mr. Litteri. I own the property that is
parellal with Cove Beach Associates ,. not Mr. Gazza, and I am forced
to place the road where the road is in order to develop :my property
properly. I 'm not trying to tell Cove Beach what to do, but I don' t
think Cove Beach should tell me what to do, and where I should place
my road. I have to place the road which to the best advantage to
. the property that I own, it has nothing to do with Mr. Gazza. I
purchased this property and Iam not land locked. That is all I wish
to say.
i Pg (9) 3/12/84
t
Mr. Raynor: Thank you, Ms . Oliva.
Ms . Oliva: I would just to ask one question, are these the final maps?
Mr Raynor: These are final maps .
Ms . Oliva: Or are they preliminary maps?.
Mr. Raynor: These are final maps .
Ms . Oliva; These are final maps , thank you.
Mr. Raynor: Anyone else that has any information pertinent to this
subdivision? From the Board, do you have any questions? Mr. Mullen (none)
Mr. Orlowski (none) Nr. Wall (none) Mr. Latham?
Mr. Latham: How' s the water? Did we have Royal Reynolds say something
about that?
Mr. .Raynor: No, he did not, and that is a good point. To date whatever
action the Board- may take within its . 45 days , would be subject to
certain elements . No. l to date the Suffolk G*Punty -Department of:
Health Services has not forwarded approval on the water system to this
Board. To date, neither the inspection fee nor the bond amount has
been paid; the bond fee to the Town of Southold. And, there is
correspondence in the file form Mr. Cron addressed to the Suffolk
County Planning Commission whihc this Board will review. Those
elements will all have to be taken in to consideration .and those
factors that are missing completed prior to the Board making a
determination. Being no further questions on the subject of the .
proposed major subdivision of Cove Beach.
Mr. Uhl: - Mr. Chairman?
Mr. Raynor: I am sorry Mr. Uhl I asked if there .was anyone
else present, is there something that is extremely pertinent,
this Board has six . . .
Mr.. _,-,-.Uhl-, - Well, you mentioned about the water, that is it.
Mr. Raynor: That' s up to the Suffolk County Department of Health
Services , that falls under their jurisdiction.. It is certainly not
within the realm of the Board to go against the experts in the County.
Being no further questions or comments with regard to this public
hearing on Cove Beach Associates , I will deem this hearing closed
and thank those of you for coming in this evening to participate
in it and helping us make a determination.
Public hearing onthe question of approval of the final
maps for the major subdivision of Settler' s at Oysterponds , located
at Orient.
Mr. Raynor: First order of business would be the reading of the
metes and bounds description of the legal notice .
On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was
RESOLVED that the Southold Town Planning Board dispense with the
reading of the metes and bounds description for the property of
Settler' s at Oysterponds , located at Orient.
Vote of the. Board: Ayes : Raynor, Mullen, Orlowski, Latham, Wall
' J Pg ( 10) 3/12/84
Mr. Raynor: 8 : 00 p.m. is the final hearing on the subdivision
of Settler' s ,at Oysterponds , located at Orient done =aining 67 .65
acres . Proof of publication ran in the Suffolk Weekly Times, signed
by Susan Allen, principal clerk, notoriz,ed. by Judith Chien. , Publication
also ran in the Long Island Travelee Watchman forone week commencing.
on the first of .March 19.84 signed byPat. Wood and notorized by
Clement Thompson. We will review the correspondence' In the file
we have applications for approval. of plat, correspondence from the
Southampton Properties Inc. ,Mr Horowitz , with regard to letterof
December 6 , Mr. Latham ' s reservation regarding a traveled road
please find .a declaration of easement concerning the maintenance and
upkeep of the traveled road within the 5.0' righto of way, it is my
intention to. encumber lots 2 ,3 ,.4 ,8,9 viith this responsibility. Please
notice item H onthe enclosed schedule _B that the company when I took
tittle raised the questions concerning the rights of others over the
traveled road, no way to intend to block the access over the right
of way to any of the residents in the area. And we have a declaration
of those easements,- that has been signed and notorized. A public
works re: SEttler' s at Oysterponds has reviewed the current map
dated January 17 , 1984 , for the above mentioned subdivision, I have no
objection to the development maintaining private raodway in Settler' s
at Oysterponds as olong as it remains open to local traffic . If I
can be of. further assistance, please don't hesitate to contact me and
it signed. by Raymond Dean. Correspondence from the applicant in
reference to Mr. Tuthill 's letter to the PLanning Board dated January
9, 1984 , please be advised that as weather permits I will re-allig-n
raise and repave certain sections of the existing private right
of way to the satisfaction of the Superintendent of Highways and the
Planning Board. This work shall be completed on or before June 15 , .1984 .
signed by Charles Horowitz . Correspondence from. this Board regarding
the State Environmental Quality Review Act and we have received one,
tw' ok .three additional letters in opposition to the, propos.ed major
. subdivision subsquent to the preliminary hearing which was held on
this . We have . a copy of the legal notice, correspondence from this
Board, to the Suffolk County Planning, correspondence from this Board
to the Superintendent of Highways , correspondence from the Suffolk ,..
Coutny Department of Health. Services , we have bben questioned as to
why the so-called subdivision Settler's a-t Oysterponds and this
is dated November 23 , 1983 , is. perhaps the easiest way to answer
the questions is to attach a copy of letter written in response . to
the inquiry .I sent to the Countv Attorney' s Office seeking clarificatinon
on the' jurisdiction Hof Artidle 6, Mr. '�kl:free Jackson -'Jr. 'is the
attorney for Article 6 and is therefore very qualified to respond
to m y :inquiry; as you can from Mr. .Jacksons letter, Settler' s
at. Oysterpon'ds is not controled by Article .6 and our stamp affixed
proforma as directed each of the parcels created within this-
tract would be administrated individually at the time of filing for
a permit to construct, each applicant will be required to meet all
construction standards for water supply and sewage disposal facilities .
and we, don't anticipate that these parcels will have any diff, . . will
be any different than many other similiar sites located at the East
End of the County, hope this clarifies our position and. action on the
application' "signed by Robert A. Villa,' PE and Chief of the Bureau of
Renvironmental `Services . We have a declaration of Covenants and
. Restrictions pertinent to Settler' s at Oysterponds and signed by.
the applicant &harles B. Horowitz and duly notorized stating that
this subdivision shall. contain no more than 10 plats . Correspondence
from this Board with regard to the location of fire wells which
was sent out the Orient Fire Commissioners , and correspondence from.
Pg - ( 11) 3/12/84
MR. Raynor': from Lne Suffolk County PlanningCommission with
regard to tangents `sdbte i:ons of the 50 ' which_--is normally reversed
curve and they are questioning the figuration of the roadway
which has since been brought under consideration also by the
Superintendent of Highways and. De.partment of Public Works the
proposed layout will probablyacceptable to the Commission because
of the low density,, the Commission feels however that the land
should be reserved for agricultural use, information referrals
of the final map taken should be. taken to insure that these lots
will not be further subdivided in the future signed by. Charles
G. Lind. Subdivision Review Section Chief Planner. That pretty
completes the file as is the proceedure in this type of public
hearing we will ask if there is anyone present this evening who.
would .,like' to speak in opposition of the proposed subdivision entitled
Settler' s at Oysterponds located in Orient. Ms . Oliva.
Ms . Oliva: Do you want me to use the mike or should I just stand there?
Mr. Raynor: No, just stand there .
Ms . Oliva: Ruth Oliva, I really believe in the almost 4 years .that
I 've been attending Planning Board this proposed subdivision is
really the worst one I 've seen as far as allowing for good development
of a piece of property due to the location as the eleveation of
Settler' s it is really' good for 1.one purpose and one purpose only
and that .is .farming. The Developer was lucky enough to avoid.
County Board of Health subdivision- regulations by .increasing his
lots to 5 acres or better. There' will. be a problem with sewage
on some of the lots especially on 4 ,5 , and 6 due to the elevation
and I wonder where once any ground is disturbed on that.. piece
of property where is the storm water run-off going lastly the
road, it is supposed to be a private raod now, but what if some,
time' in . the future, the property owners. wish to '- dedicate it to
the Town. Anyone that lives in Orient now knows that in good rain
storm that road is flooded and feooded badly, howewill emergency
equipment get through, perhaps they can't but more importantly,
if that road is to be dedicated to the Town, then the Town which
means you and I the taxpayers are going .to be responsible for up-
grading that road and putting in the proper drainage if. it can be
done and we will pay for it.. We- would respectfully ask the Board
to deny this application., but in such case, that you do not we
fell that the developer has put the burden on the individual
lot owners to be and we -respectfully ask the Board to. consider some
stringent convenants and restrictions , first- of all, that the
property never be re-subdivided it could never come before the Board
for division. Number in each lost owners deed it should specify
the quality of the water and we know it contains nitrates , and
pesticides and with increased usage could draw chlorides . And
expecially, on lots 4 ,5 , and 6 °I think it should be put in the
deed that those lots are flooded in rainy weather and even with
grading and what have you they are going to have .trouble with
storm water run-off and we respectfully ask that you consider this .
Thank you.
Mr. Raynor: Thank you Ruth., .is there anyone else this evening
present who would like to speak in opposition; to this proposed
subdivision?
Mrs Frederica Wachsberger: My name is Fredirica Wachsberger, I have
an open letter here to the Board which I would like to present
to you, I won' t read the whole thing because I certainly second
everything Mrs . Oliva said and some of that is included in it.
Page ( 12) 3/12/84
Mrs . Wachsberger: I would just like to read what I .have
.written about the covenants regarding the restrictions . against
furture subdivision. Those covenants signed and notorized by
Mr.. Horowitz in NOvember 198.3 to the effect that no purchasers.
or holders shall subdivide or modify the parcels invalidate
itself with its concluding paragraph" . . . the within Declaration
may not be annulled, waived, changed, or modified, .unless and
until approved by resolution of the Planning Board of the Town
of Southold." Does that not mean that an owner may simply apply t
to the Planning Board for a subdivision, .as he or she would
in any case? If this subdivision should be granted despite
these very serious questions, we must insist that there by
permanent and enforceable covenants (for which there has been
ample precendent in the immediate area in .the enforcement of
"Green acre zoning, " that there will be no subsequent subdivision .
of, nor additional dwellings on any of the parcels being presented
for approval. ( Mrs. Wachsberger preserited. the letter to
the Chairman)
Mr. Raynor, : Thank you very much.
Mrs . Wachsberger: Thank you.
Mr. Raynor: Is there .anyone else present this evening who
would like to speak in opposition?
Mrs Helen DeVoe: My name is Mrs . Helen DeVoe, we live just
to the south on Orchard Street on the property. I back
Ruth Oliva and Freddy in all that they have .said and . .
my main concern is.;the covenants . In 1974 we presented to
the Board our subdivision and it took us 2-years to get
it approved and as far back as 1976 the. Town required that
we put a green acre covenant onthe property because of the
problems in the area, you didn't want it over developed. I
feel that Settler' s should have the same requirement .that
they can no further subdivide any lot if you do grant this
right ' to build. I just hope that the- Board will act just
as wisely now as it did when it required us in 1976 to have
the green acre convenant and to take into consideration the
present and future residents of 1Southo.ld. Every member of
the Board is aware of the critical situation we face with
potable water, drainage and the pollution to our Bays . I
have a letter from Mr. Lauber who lives on Orchard Street
that I would . like to present.
Mr. Raynor: Fine. Thank you Mrs . DeVoe.
Mrs. DeVoe: Thank you.
Mr. Raynor: I,s there anyone else. present this evening who
would like to , speak in opposition of this proposed subdivision.
Dr. Terry?
Dr. Terry: I would like to use the microphone if I can. I 'm
Orville Terry, I live in Orient. I am opposed to this development
on this property and to any development on this property just
as a matter of common sense. Everybody knows that Orient is
very limited in its water supply, it may very well be that if
all the presently approved .lots were buittt upon., as they
Page_ ( 13) 3/12./84
Dr. Terry: will be, we will be pushing our total water supply
already without additional lots, but in any case, it just
doesn't make sense to build-:the houses that are to be built
on the land this low with a -questionable water supply, with
a questionable sewage disposal situation, the certainity
of flooding in the next severe. hurricane and the sort of
problems that have been discussed already. Ift fact, if you
want to look ahead a` little bit, a bit beyond the next or
two for the future,, as most of you know .sea level . is rising
in this area, ,it has. been for many years at a relatively
slow rate perhaps, a couple of feet per century at present,
but experts on pilot are .pretty unanimous that what changes
are comming in the future, that the rate of .rise is going
to increase. It may increase very drastically, nobody knows.
And, -It seems . like a pretty ridiculous time to be building
houses on low land adjacent to the water.
Mr. Raynor . : Thank you. Dr. Terry Is. there anyone else present
this evening .who would .like to speake in. opposition to this
proposed subdivision.
Linda Brandberg: Linda Brandberg from Orient, I agree with
everything that has. been said so far this evening. I just
want to add a little note . Orient is one of the most
beatifu l- places in .the world. I think it should be preserved.
I think we have a treasure there that we are all should try
to..keep as it ' is . That is really all I have .to say.
Mr. Raynor, : Thank you very much, is there any one else?
Dorthy Burkes: Dorothy Burkes , I live in Orient, directly
across from the proposed subdivision. Nothing in the
world can ever justify the loss of the Hallock farmland for
development particularly this type of farmland where farmland
has become more and more scarce. Nothing in the world can
justify the loss of the Hallock farm and what it means historically
to Orient. If you approve this subdivision, part of. Orient
will die and I 'm not being poetic,` your Board member from Orient
will explain this to you.. . That not withstanding, I would like
to thank the planning board for having brought this subdivision
down to to lots and I would like to urge you to make sure that
there are covenants and restrrctions that will keep those 10
lots from .increasing to 11, or 12, or 40. I would also urge that
up front, not with the sale of. each subdivision, but right now.,
you demand covenants and restrictions that would require drainage,
runoff and the type of water damage that might make the Town and
the taxpayer liable in the future for the. cost. of improving or
maintaining those lots . I would like to read to you an open
letter that reads ,as follows "We the undersigned residents and
taxpayers of Southold Town ',pppose the proposed subdivision in
Orient called "Settlers at..Oysterponds . " We cannot condone the loss,
of this valuable, prime farmland for residential use Preliminary
maps for the Master Plan update clearly designate this land
for agricultural preservation. The Master Plan update was
commissioned at taypayers ' expense as a guideline to - the
Planning Board. we respectfully urge that you heed its recommendations
If, however, the Planning .Board sees- fit to approve this subdivision,
we ask that such approval include binling and permanent covenant
and restrictions which will promote the general welfare of the
residents of the ;area, protect the environment, produce harmonious
neighborhoods, preserve property values and perpetuate the aesthetic
F
Pg (140) 3/12/84
Mrs . ..Burkes: amenities ,.prevailing in the community. Such
covenants and restrictions are consistent with demands made
of other approved subdivisions in the immediate neighborhood
of Settlers . We request that the Planning Board:__ be equally
diligent in its protection .of prospective buyers and Southold
taxpayers alike against future propblems which may arise from
conditions inherent in this subdivision. To this end, we
ask: 1. that covenants and restrictions be written -for, the
Settlers at Oysterponds subdivision which will be as stringent
and specific . as the excellent, five-page document demanded of
the: nearby Bayview Farm subdivision. 2 . That Mr. horowitz
declaration that there shall be no further subdivision be
rewritten so that it is perpetual in nature. As it is now
worded, this declaration nullifies itself in that it can be
reversed at any future date by approval of a . Planning Board.
3 . That prospective owners be, advised of - the existing problems
regarding water contamination, persistent flooding, and
problems related to. water runof:f. and drainage. The letter it
signed by :126 residents, the signatures were done and were sent
out for collection on Thursday .and in spite of the snow storm
we have this many, there are other people who weren't able to
sign.
Mr_. Raynor: .Thank you Mrs .-..Burkes. Is there anyone else present to
speak in opposition. Mr. Baer.
Mr. Baer: My name is Frank Baer. I would like to call attention
to a fact that. Mrs . Burkes has already mentioned and that it
the fact that. the proposed Town Plan update indicates that
on the map that this would be farmland and to create even 10
homes on this area is , does, not .preserve it for farmlar_d.
I hear some remarks here about keeping any approved subdivision
in perpituity. I would like to suggest that it be farmland
in perpituity and that nothing be done. .on this until after the
Town Plan update had been completed and rezoning has been
completed as a result thereof. It seems to me that moving ahead
on subdivisions such as this especially in an area so sensitive
from the standpoint for water table and. fromtthe standpoint .
of sewage disposal and so forth makes no sense at all to do
something now until the decision has been made about what this
area should be like in the future.
Mr.. Raynor: THank you Mr. Baer. Is there .anyone else present
this evening who would like to speak in opposition of the subdivision.
Virginia Moore: Virginia Moore, Southold, . friend of Orient,
friend .of Southold Town. I heartly endorse everything Frank
Baer has said and the other. people who have spoken against
this subdivision. We know that there is .alot of 'pressure., you
just have to read the paper and look around and watch your
records as they increase to know that the. pressure for development
is tremendous , and particularly on the water front, but the
best number of dollars doesn't always make the greatest sense.
The best use of this land is undoubtly for farmland, it's
good that the applicant has .brought his application down to 10
lots more or less. We wonder even what that might do to
Hallocks Bay. I think as a fighter in this. community for along
time, .it' s no good at all. We think that you, Henry, who have
done such a good job for us over the years and we understand. .
that you are going out and we are sorry, this .could be a chance
for you to seal up a very good position for yourself as a fighter
pg ( 15) 3/12/84
Mrs. Moore: for the things that ought to be . If you take
all these things into consideration. Thank you.
Mr. Raynor.: Thank you Virginia, is there anyone. else present
this evening who would like to.-.speak in opposition to the
proposed subdivision?
Mrs. Burkes: 1 Would just to; add one sentence .'.I think Frank
Bear and- Ginny Moore speaking as they have . I realize as I
was speak"ing, , some of us "have already fallen in to a position
of hopelessness and saying that if it has to be than at
least let .it only be that and I realize that that was already
reacting to what felt 'like an awful lot of pressure over the .
past few years and we really have to come from that position
so I would just to reinforce too "that we should emphasize
not just keeping it to ten, we should emphasize please don't
grant it at all.
Mr. Raynor: Thank you , any other objections this evening?,
Mr. Kevin Aylward: My name is Kevin Aylward, I " live on Orchard
Street, . I .have a letter to theBoard which states essentially '
the points made by .previous speakers about the covenant. and
about other problems connected with the site. I would like
to present this letter to the Board for their consideration.
Mr. Raynor: Thank you. very much. Is there anyone else this
evening who would like to speak in opposition to the proposed
major subdivision Last chance. hearing none. Is hhere any
one present who would like to speak in favor of the proposed
major subdivision? Hearing none. Is_ there anyone present
this evening that has some information that may be neither
pro nor con on- this proposed subdivison but. is information
pertinent to this Board so that we may make a rational, hopefully
a rational decision, concerning this proposed, subdivision?
Jean Tiedke: `I am Jean Tiedke and I am speaking for the League
of Women voters of Riverhead/Southold. We- don't support nor
oppose this proposal but I must say, tha.t the difference this
proposal- with 10 lots and .the original proposal are like day
and. night and we commend you and the Planning Board and the
developer for changing their minds somewhere along the way. I
don't know who persuaded them but somebody did. One thing
that we consider rather odd is clustering. It seems that this
would be an ideal spot to 'cluster. The league has supported
clustering before the first master plan, . and that was quite
a -while back. It. would reduce road and driveway consumptions
it would be more in keeping in the general character of the area...
It woold .preserve more of the scenic 'open space agricultural
quality of the Town and as you recall, " professor Carroll "back
in 1964-65 when " he did a survey of the Town for the- first Master
Plan said open space was cherished by both the residents and
the visitors . The league survey in 1978 said the same thing
and the present proposed Master Plan again said open space is
very important to every body who lives here or visits here.
As to covenants , wer are greatly distrubed with only 10 lots
on this large piece of property the
re no question but what
.there is tremendous impotence toward dividing at some future
time, .therefore, the prohibition against anyfurther subdivision
pg.,( 16) 3/12/84
Mrs . Tiedke':must' be very further stated and I couldn't begin
to tell you how to do it. There should be no unless the
Planning Board deceides otherwise in that , Gentlemen,
whatsoever, it should be permenant, binding covenants on each
lot that cannot be upset by the 'Planning Board by the Zoning
Board of Appeals or by any court of law. This proceddure
should be applied also toall future subdivisons otherwise
our Town Master Plan will be .absolutely meaningless and I
must say in many respects the original Town Plan has. not been
followed nearly as well .as it should have been. But, :in my
opinion we would not be facing the sort of problems we are
now., if the original plan had been followed more closely.
That is an extra, there is also something called Caveat
Emptor., .whihc I am sure you all know. Purchasers should be
fully informed about the potential restraints of this Settler
area. And they have already been. well addressed by other
speakers but there can be too much ground water, there can
be too little ground water, the Town must be protected against
legal suits due to either extreme and you are fully aware of
what is going on in terms of jetties along the Sound shore .
People will keep yelling they will sue . the. Town, the Town has
to pay to fix it. Thi s is the situation which must be avoided..
The other one is the possibility of floods . from storms,
hurricans, or even .lesser storms . No purchaser should be in
any position .to say nobody told me about that. The ancient
let the buyer beware is not a satisfactory way to handle this .
Potential constraints on the development of the property must
be explained to all buyers. I would suggest that also that
all developers in the future be requested to contribute a
percentage to the Town for the purchase of open space and
beach front and recreational areas, we are running very short..
There is a _,tremendous; push .,'to deve lop "everything;. The area
up in East Marion that was just discussed previously is on
the Town Master Plan now as open space recreation park, it
won' t be. We .are getting ourselves into trouble. One other
thing I would like to comment on is the Town of Easthampton
is also reviving its Master Plan. It has put' in a. moratorium
for anything . over 25 acres until the-ir .Master Plan is finished.
I recommend this to you and I will hand. in my paper. (Presented
her paper to the Chairman.) .
Mr. Raynor: Thank you Jean. Is';'there anyone else present who
has some information pertenant .to this subdivision that it
should be neither pro nor con but that it be brought before the
Board.
Doris Morgan: I am Doris;.Morgan and I agree with everything
that has been said and I have already signed the petition but
I do have another concern and that is .concerning the roads
that would be used during. the construction and the earth
moving that would_be .necessary during the development of this
property. These roads would include Platt and Tabor Roads off
the Main Road and would include Halyoake Avenue, Narrow River
Road, and Orchard Street, What is going to happen to these
roads with the heavy machines on it. Who is going to pay
for rebuilding these roads? Is it going to be something the
taxpayers of Southold Town will be burdened with? I wish
the Board would consider . that, problem, because .it really is
a problem because the roads were never hold that equipment.
s Pg -(17) 3/12/84
. r
Mr.R aynor: Thank you very much.
Mrs. . Morgan: I have a letter that .I would like to present
the Board.
Mr.s -Raynor: Please bring it 'right up. (submitted letter)
Thank you. Mr. Trent I "believe you had your hand up.
Mr. Trent: My name is Martin Trent,. I live. in Orient. I would
Just to add that if t:he .Planning Board approved the subdivision
as it is now proposed, because of the lot size, there has
been no approval needed from the "Health Department as far
as water and sewage 'dis.posal goes and if - the Board approves.
it as it is now they would just be. postponing the decision
so that there would be. a. piece meal basis -individually water
supply and sewage disposal on each lot .rather, than looking
on the whole . Thank you.
Mr. Raynor: Thank you. Is there anyone else that has some
ma ,
information. that 'may help the Board in kn g a decision.
Hearing none, members of the Board; Mr. Mullen„
Mr 'Mullen: Well, I have always been under the impression
that the Covenants and restrictions must be completely
bidning. I .have,;,been on the Board about three years and
that-.has . always been my principals concern. I have spoken
to the ..Town Attorney and .an otitside attorney and I understand
that. the approvement as is ,` that there should be: no further.
subdivisions in perpituity— Now, if I am.. wrong, I 'm wrong,
but that is .my intent not only in this. particular situation
but .in any prior .ones in the future . Secondly, directing
ourselves to the road, we have a letter here from Mr.
Horowitz dated February 10, 1984 regards :to the road to the
effect that he,. will reai.lign, raise, repave etc to the
satisfaction .of the LSuperintendent of Highways on or before
the 15th of June. My suggestion is that perhaps . if we .can
get the cooperation as we have 'in the past with Mr. , .Horowitz
and have him rprovide a surety bond to that effect it. will
perhaps take care of• our problem, not only on the road as it
stands now, but .perhaps .after the construction is completed
to bring it back up to the proper condition. That is something
I have suggested that we take into consideration at this time.
That is 'all I have to say.
Mr.Raynor: Thank you Bil.1., Mr. Orlowski, (negative) ,. Mr. Wall
(negative) , Mr. Latham?
Mr. Latham: One question. about the declaration of covenants
and restrictions , part two of the covenant. ..I don't know whether
Bill saw that. I think that ought- to be-stricken out. too, the
Town Planning Board, I don't trust future Planning Boards the
way I trust .this one. Well, I mean I can't say.
Mr. Raynor: You may have a 'minority opinion here., Ritch.
Mr. Latham: That would be up to your, but I think that would
be 'a very good idea to take that out.
Mr. Raynor: May I suggest then, that we forward. to the Town Attorney
for his opinion.
Mr. Latham: The only other thing I had, the road question was
Pg (18) 3/12/8.4
4
Mr. Latham: pretty well answered execpt would n of a road
association or. a property owners association be in order for
this..
Mr. Horowitz : The five owners will share in the maintenance
and the upkeep.
Mr. Latham: I mean they would have to. . I. mentioned something
binding.
Mr. Horowitz : I have done it before like this , it .has worked.
Mr. Latham; .yes , without any formal association?
Mr. Horowitz : Yes .
Mr. Latham: Well, 'those were my main concerns , the road, the
Town wouldn' t have anything to do with this maintenance or
service.
Mr. Horowitz : None whatsoever.
Mr. Latham: Well, I think somehow the buyer should be notified
somehow about the water situation. I_ don't know if it should
be put in the .deed.
Mr. Horwitz : Of course, I am going to advise them of it, you,
wouldn't think I wouldn' t.
Mr.' Latham:. Thank you that is all I have to say.
Mr. Raynor Okay, thank you Ritch. That pretty well concludes
the,.Public Hearing on this proposed subdivision, we thank you
all for coming in and showing your concerns and interests in
the place in which you all live.
p.m. Public, Hearing onthe question .of approval of the
final maps .of the major subdivision of Highpoint ,'East
Marion Section II , located at East Marion.
On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was
RESOLVED that the Southold Town Planning Board dispense with
the reading of the metes and bounds description for the property
of Highpoint at East Marion Section II , located at East Marion.
Vote of the Board: Ayes: Raynor, Mullen, Wall, Orlowski,. Latham
Mr. Raynor: Proof of Publication for this ran in the LI
traveler Watchman, major subdivision SEctionII of same containing
23 .7 acres . located in East Marion, publication ran in the
LI Traveler it is signed. byPat Wood, notorized by Clement
Thompson. Proff of publication also ran in the Suffolk Weekly
Times , signed by Susan Allen, notorized by Judith Chien. In
revie w of the file correspondence from the office to the
applicants attorney, Michael : Angelo setting tonight for a
public hearing correspondence from the PE of record Mr.
: pg ( 19) 3/12/84
Mr, Raynor:Randall Woodward, pertenant to the Bond for
Section II, the recommended bond amount sis 325 , 000 dollars
construction and drainage .plans, the subsequent memorandum
pertenant the engineering, Mr. Woodward says No. 1 that storm
drainage pipe size shall be. drawn on the final mplans and
should assume to be an 18". and No. 2 a typical road section
as shown for Sections I and II should be corrected as it
is shown incorrectly. The 4" crown is correct. The i-inch
vertical distance from to top of curb is incorrect as shown.
Using a 3-inch mountable curb. Correspondence to this Board
from Mr. Howard Young pertenant to the amount of the bond.
we required correspondence to the Board from the NY State
Department of .Environmental Conservationstating that no
permit will be needed under article 25 , correspondence from
the Southold Town Public Works department, Mr. Raynor, having
reviewed the subdivision referered to above, report No. 343 of
our Town engineer I concur with the attached comments and
recommendations If I may be .of any further assistance, please
do onot hesitate to contact me and it is signed by Raymond. C.
Dean and copy of report No. 343 adjoins it pertenant to this
subdivision is attached. Certificate of approval formthe
preliminary plat given the. Highpoint section II East Marion
and is given the Town Clerk, copy of schedule A of the metes
and bounds description, copy of the application for approval
of the final plat, correspondence from this Board with regard
to section II further correspondence from this Board to the
engineer as is the proceedure of the Board at this type of
public hearing we will ask at this time if their is anyone
present this evening who would like to speak in - opposition to
SEction II of the proposed major subdivision known as
Highpoint at East Marion located at EastMarion. Yes .
Jane Goreell : My name is Jane Gorell, I live in East Marion.
I am opposed to this and I am sure there are a number of residents
from East Marion who are here tonight who feel the same way.
And, I oppose it on many of the same grounds as we just heard
from the people in Orient, and I was very impressed with the
people. inOrient and I wish that we in East Marion were a little
more vigilent and a little better organized and we might have
been able to do something about the approval of this Highpoint
Section I most of us didn't know about this until it was too
late. I think that this kind of subdivisioning is must to
big, to overpow.ing for poor, little hamlet of East Marion.
I think it is not goint to benefit us at' all, I think it is
going to give a lot of problems, I think it is not going to
benefit the Town of Southold. I think the only winner will be
the developer, I am not even sure that the people buying the
land will be benefiting very much because the developer will no
doubt sell the land. and then leave them with the problems . There
are problems of water and flooding and so on -and I think it is
a great shame that one of the last big pieces of agriculture
land in East Marion is going to be sliced up into little pieces ,
and lost forever. This afternoon, by the way speaking of water
I was speaking to one of my neighbors , a young couple who have
just built a house on Starrs Road, they have been allowed to move
into the house but they have been given the certificates of
occupancy because of the water. It is of such poor quality
that they can't drink it or use it for washing, clothes and this
is• something that you can check into. so they were .told that
t pg (20) 3/12/84
Jane Gorell: the only they could get a CO was to put into
a filter which will cost them 1600 dollars and which I
believe has to be cleaned or replaced once a year. So we
don' t have safe water out their and we also do have flooding
problems, another thing .I would like to say although this
is coming .up for approval at this meeting the roads for
Highpoint: SectionII have already been cut, the developer had
gone ahead and begun putting in the roads , and it is still
up for approval . That is all I have to say at this point.
Mr. Raynor: okay, thank you is there anyone else this evening
who would like to speak in opposition. yes , maam.
Marie -: Smith: My name is Marie Smith and I live in East
Marion and Jane I have been trying hard to bring them out.
Tomorrow we have another hearing on another development in
East Marion on the other side of Rocky Point Road, according
to Mr. Turner' s map.
Mr. Raynor: Another hearing? Not by this Board.
Mrs . Smith: I am sorry but I lump you all together.
Mr. Raynor: We've been lumped in alot of places .
Mrs . Smith: Twenty-five plus acres on the West side of Rocky
Point Road it will be relief from. th:e bulk requirements , I
believe they are seeking one-acre from two-acre zoning.
Mr. Raynor: Alright, that must be Hodor-Staller' s application.
Mrs . Smith: Yes , there was supposed to be a hearing, Ruth and
I knew all about the hearing and they never showed up, they
claim they never knew about it, they must have a very poor
lawyer. All I want to know is on Mr. -Turne.r'.s map. the only .
open space left in East Marion is the cemetry. Where are
we going to get our water from, every time Greenport think
of a new wellits is East Marion what they' re drilling there
isn' t any good. That is all I have to say.
Mr. Raynor: Thank you very much. Is there anyone else this
evening who would like to speak in opposition to this proposed
subdivision. Mr. Wagner?
Mr. Wagner: Mr. Raynor. I want to talk, I was for 8 days
around the place were you wart -to build the house over there,
but it is farming land. This farming land is a clay land
the water stays on rainy days .there . I think this is no good
when you want to build houses over thereon this land. We have
already troubles on the Starrs Road, I live on the Starrs Road
before you go on the hill high, I have on my place 180 feet long
tree sewage over there, when we have rain for 2-3 hours , I can
not go .out to my property. I need boots on so I can see my
numbers , my neighbors , so bad it is over there . The road
on the Starrs Road, the people in the cars , they are driving
around. The road is very bumpy, the Town of Southold, the
Highway Department, they put alittle earth on , a little sand
in 4-6 weeks , they clean this thing up. The road is still the
. . pg. (21) 3/12/84
.Mr. Wagner: same , bumpy. That is no good, this is money
thrown away. Mr. Starrs , the one who owned this property,
he did the road only purposely so good as the requirement
was at. the time. The road is no good, and they are building
alot of houses on the road. The pick-up trucks running,. we
people there we have only. passenger cars , we don' t run the
cars in the road. When you wnat to build houses over there ,
you run into a terrible situation with the water supply
and with drainage.. .And,. I am afraid of my drinking water also,
last year I had a problem with my well. . My well was .made
1963 and I built my house over there, the :Mattituck plumber,
said my. water was 40-45 ' down, and there was water. Last year
I had trouble, .I checked . it out, I have now 8" of water. So
much we are sinking already,. we have people already in Starts
Road., which need already a deeper well and they pay 3-4 ,000
dollars . I want to say to you people, you .have -to" look inthe
future, when you do something in our .area, more and more farming
land must be , and what is very important . is that in our
houses , we can't live. We don't know what is going on later
on, and what happens later on. The other thing is-who pays
for it- TheTown of Southold, it can not fix the road already.
Every year the house tax is raised, we are suffering. In the
other hand, I want to say, when we build this thing, the -Town
of Southold will' have to put out 'the money to pay for that.
We may. also need more ambulances for all the people, and who
will pay for that, the people in Orient, the people in Southold.
I am not against building houses for all the people, but you
are taking a big risk. I think the Board have to study this
really before the' trouble comes in. If the houses are there
you can not put them away. I can' t believe you are allowing
more houses on the section here. Let the farmland be used for
. grapes . .. We .have not. so .much farmland, we have only farmland.
Thank you very much. . :(Mr. Wagner spoke with a heavy German
accent and much of ,his comment was inaudible. )
Mr. Raynor: Thank you is them anyone else who would like to
speak in opposition to this proposed subdivision.
Mr. Dowy: Yes , my name is John Dowy and the thing that. gets
me is you have, I didn't read every word in the paper, I missed
the hearing that they approved already, but now I just. counted
the houses , I live on Starrs Road. I counted .the houses , a
rough count, and over half of the people that pay taxes and
have houses there, they are not there now., they are summer
people they might come on wwek--•ends . Think, this is March . 12 ,
it is winter. When did you have the other hearing, what dz;'te
was that? . Does anyone know?
Mr. Raynor: I would have to review it, it had to be sometime
in the fall .
Mr. Dowy: Well, it doesn'_.t matter it was probably sometime
in the winter when nobody was here . I think .if you have a
hearing like this you should have the people adjacent to the
property so they can voice their opinions too. Thank you.
Mr. Raynor: Is there anyone else in opposition?
pg (22) 3/12/84
Mrs . Frenti: My name is Maria Frenti' I oppose , I am in
opposition, and I would like to say I agree with the other
residents in the area that .I don' t like the idea of high
density lots broken down the way they are.
Mr. Raynor: Thank you very much. Is there anyone else present
who would like to speak in opposition. (Hearing None) Last
call . We want to get everybody in that is what this hearing
is for. Alright is there anyone present this evening who
would like to speak in favor of this proposed subdivision
entitled Highpoint at East Marion, Section: II .
Mr. Freidman: Good evening, I am. Leon Freidman, I represent the
developer-=elf KF3ighpoint. (the audience mentioned they could
not hear him) I am sorry, my name is Leon Freidman, we represent
the developer of Highpoint at East Marion, Section II and
we are herein support of the application. Basically, we have
some information we would like to impart to theBoard. (audience
again .mentioned they could not hear) I would just like to briefly
respond to a few of the things that were said tonight without
getting into a very extensive argument. The developer of this
property paid for it and has embarked on a program of expansion
of houses, so that people like you can come out to: Lbng Island and
enjoy some of the .benefits . We would like to point out that
there excellent water conditions , tests have been made. Drainage
will be provided, in the Master Plan. The land. is high and
will not be subject to flodding, the road which- you are talking
about has been laid out or built at the request of the Town.
Insofar as that is concerned, that is our big response to the
opposition that was voiced and as far as addressing the Planning
Commission, we would like to. informally point out that this
application is part and parcel of Section. .I , the original maps
that were filed, the 58 acre map; that was filed as the preliminary
map is contained in the Section I file and we would like to
make sure that that file is made part of the record for the
application of Section II . In the event that those maps are
not part of the .record, .we would like to have an opportunity
to submit it, the maps with the 58 acres the preliminary
sketch map and the subsequent maps that were filed so that the
record will be complete and my first inquity is to whether you
have the Section I filed here or whether we can. . .
Mr. .Raynor: We do, that is public record.
Mr. Freidman: It will be made part and parcel of this particular
application so that there is no need for us to take us through all
those other maps .
Mr. Raynor-.-- No, Section I has already been filed.
Mr. Freidman: I was just like to add that the filing was really
an overall filing for the entire section and that we have had
approvals from the various Suffolk County authorities and Town
authorities have overviewed this whole development as one
particular subdivision and one particular filing. We have had
some changes that were required to be made in -Section II that
are not .part of Section I, but they were all done at one
particular time, one particular overall plan. And, we are, we
also have our engineer present in case there be any particular
questions concerning any of the problems that are raised as far
as this subdivision is concerned. And we would like to ask
pg (23) 3/12/84
Mr. Freidman: that you approve this subdivision and. if you
have any questions, we- would - like to be able to address them.
Mr. Raynor: Thank you, that is all to present, maybe there is
someone .else who would like to speak in favor of it, if so, we
would like to hear from them. Thank you Mr. Freidman. Is there
anyone else present who would like to speak in favor of this
proposed major subdivision . - Hearing none, is there anyone
present this evening who has some information .that should
come bef6re this Board at this time that may be neither pro
nor con but would help the Board in making its determination
on this proposed subdivision. Jean?
Mrs . Teidke: I would just like to comment on what this
gentleman said, I think you really have to decide where your
going, and I don't think that can be done under the pressure
of .all this developing going on. I personally believe it was
a big mistake that the moratorium was not put in. I think now
you do. have a chance , if East Hampton can do it, the Town of.
Southold can do it. Any development over whatever size you want
to pick will not be considered until the Master Plan is finished.
And, I think that we 're in trouble and we are going to be in
more trouble unless we do slow down and take .a look.
Mr. Raynor: Thank you, Jean. Is there anyone else that has anything
pertanent to this subdivision that should come beforec,�the Board
at this time. Mr. Wagner, you had your hand up?
Mr. Wagner: Mr. Sutter, I want to add something else. Many
people are afraid to talk over the situation, and they don' t
want to talk. (parts were inaudible)
Mr. Raynor: Fine, let them put any response they have in,
if you klow of anybody who is relectant to speak, they certainly
know how to write to us .
Mr. Wagner: I want to have a paper to all the people who live
in East Marion, yes, or no. (parts inaudible)
Mr. Raynor: Thank you Mr. Wagner.
Mr. Wagner: Let all the people who can put the. names down, which
one agree, which one don' t agree. I think this whole situation is
overdoing. I think lin this situation, what we do, what we want
to do. . . (inaudible) the farmer wants to sell his property and
the builder wants to make money. And we- how areliving in East
Marion suffer for that. For years, and years they put the money
in the pocket, they say goodbye, I make my money already, .we are
living steady over heEe. The Town of Southold have to raise the
taxes , it cost alot of money, and who pays , the Town of Southold
doesn't have any money. (again parts were inaudible due to his accent)
Mr. Raynor: Thank you very much Mr. Wagner, is there anyone
else. Yes , gesturing to someone to speak.
Mrs . Smith: Has there been any testing of water on this tract of
land.
Mr. Raynor: Yes, we ' ll :get, to. that that falls under the jurisdiction
' t pg .(24) 3/12/84
Mr. Raynor: of!.-,the Suffolk County Department of Health Services.
It will be addressed.
Mrs. Smith: It will. be addressed? but in the mean time, will the
plans be approved.
Mr. Raynor: No, not without, their stamp of' approval, absolutely
not, Anyone else, (hearing none) members of the Board, Mr. Latham?
Mr. Latham: None really, just a new road bond for the section?
Mr. Raynor: Yes , a new road bond for the section, Mr. Wall (none)
Mr-- Orlowski (none) Mr. Mullen?
Mr, Mullen: Yes , I had a question, it is .my understanding- that this
is in two sections but it. is one application and. we have I believe
two seperate surety bonds,are going to be put into position on this?
Mr. Raynor: That is my understanding of it.
Mr. Mullen: Okay, that is , all .
Mr. Raynor: I. have. one other comment, whatever decision , this Board
may come to within the next 45 days. it should be noted that number
one: the Suffolk Couhty Department of Health. Services has not been
received for 'Section II..,. the inspection fee has not been paid on
this and as yet, the Town Board has not approved their recommendation
for the Bond. Those would all be conditional on such things
happening now and the 45 days. period when this Board makes a decision.
That pretty much concludes this public hearing thank you all for
coming down and participating and giving your input.
8:30 Public hearing on the question of approval. of the minor
subdivision of Country Club Estates , lot No. 32 located in
Cutchogue.
On a motion made .by Mr. Mul-len, seconded by Mr. Orlowski it was
RESOLVED that the .Southold Town Planning Board diApense with the
reading of the metes and bounds description for the property of
Country Club Estates , Lot No. 32 located at Cutchogue.
Vote. of the Board: .Ayes: Raynor, Mullen, Orlowski, Latham, Wall
Mr. Raynor: Publication is for minor subdivision hamlet of
Cutchogue containing property, 147 ,000 square feet, proof of
publication . ran for .one week in the Suffolk Weekly Times and,
is signed by Susan Allen and notorized by Judith. Chien, publication
also ran in the LI Traveler watchman for one .week, the first of
March signed by Pat Woods , notorized by Clement 'Thompson. We have
a receipt of the file from the Town Clerk filing fee in the amount
of $50, in the file is correspondence from this Board to the
attorney of record, Gary. Olsen setting tonight's meeting down
as the hearing as of this time and date, correspondence from this
Board .tbF. counsel with regard to" resolution approving the sketch
plan subject to covenants and restrictions that no further subdivision
no access to lots from the Main Road and a 25 foot right-of-way
turn-around be designated on the map from Linden Avenue. More
t pg (25) 3/12/84
Mr. Raynor: correspondence from this office to the attorney
description of the property, declaration of covenants and
restrictions stating there be no further subdivision and no
access from the Main Road signed by the applicant Philip Babcock.
Correspondence from the Town Attorney, correspondence from this
office to the Suffolk County Planning Commission, correspondence
from Young and Young to this office transmitting maps , correspondence
pertaining to condition 3 set forth in the Board' s resolution
initially. This pretty well completes the file , as is the
proceedure this evening if there is anyone present who would
like to speak in opposition to this proposed minor subdivision
of Country Club Estates , Lot No. 32? Hearing none. Is there
anyone present who would like to speak in favor of this
proposed minor subdivision.
Mr. Olsen: My name is Gary Olsen, I 'm an attorney .having my
office at Main Road, Mattituck, and I represent the applicant
of Country Club Estates . The two parcels to be created, parcel
No. 1 would have an area of approximately 58 ,000 square feet
parcel No. 2 would have an area of almost 89 , 000 square feet,
this has been before the. Board before', the applicant has filed
proposed covenants and restrictions with the-Planning Board
that the Board requested, that there will be no further subdivision
of these two pieces and also that there will be no access from
the Main Road that it will come off of Moores Lane, .known as
Linden Avenue . And the maps comply with the requirement of the
Planning Board. I am hear to answer any questions , . but I respectfully
request that the Board approve this application.
Mr. Raynor: Thank you counsel, is there .anyone else present this
evening who would like to speak in favor of this proposed minor
subdivision? Hearing none, is there anyone present this evening
that has some comment for this Board on the proposed application
that may be neither pro nor con but would 4e of an aid to this
Board in making their determination. Hearing none, members of the
Board, Mr. Latham (none) Mr. Wall (none) Mr. Orlowski (none) Mr.
Mullen, (none) . To date we are lacking the Suffolk County Department
of Health Services approval on this and. I note in the file that
the initial submission of Country Club Estates c & R' s we do not
have a copy certified by the Town Clerk, rather the County Clerk.
Mr. Olsen: I can give you .a photocopy.
Mr. Raynor: Would you give us a photocopy, I don' t know. .
Mr. Olsen: Of the set filed with the Suffolk County Clerk' s office?
Mr. Raynor: Right, we have your covenants and restrictions but
for some reason our file copies do not reflect the receipt of the
County Clerk.
Mr. Olsen: Oh, that is because it hasn't been filed yet.
Mr. Raynor: That is a good reason they don' t reflect it.
Mr. Olsen: I have the original , I thought that' s what you were
referring to.
Mr. Raynor: No, I thought. . .
Mr. Olsen: You have the original covenants and restrictions which
were requested but they have not been filed because this hasn' t
' pg (26) 3/12/84
Mr. Olsen; been formally approved.
Mr Raynor: No, I was speaking, I got the information this afternoon
that the initial submission on Sountry Club Estates , our file
copy for the number of lots doesn't reflect the County Clerk' s
receipt.
Mr. Olsen: Do you mean the main set that was filed?
Mr. Raynor: Yes , that is right.
Mr. Olsen: .I can give you a photocopy of that.
Mr. Raynor: That' s fine, great. Alright there being nothing
further, no further input with regard to this subdivision we
will deem this hearing closed and thank you for coming in
this evening.
8 :45 p.m. Public hearing on the question of approval of th& final
maps for the minor subdivision of Robert and Jean Lenzner located
at Mattituck.
On a motion made by Mr. Latham, seconded by Mr. Wall it was
RESOLVED THAT the Southold Town Planning Board dispense with
the reading of the metes and bounds for the property of Robert
and Jean Lenzner located at Mattituck.
Vote of the Board Ayes : Raynor, Mullen, Orlowski, Latham , Wall
Mr. Raynor: This is a proposed minor subdivision situated at
Matt-ituck, and let me see the map, the legal description has left
off the total acreage . (after reveiw of the map) consisting
of approximately 35 acresi.
Mr. Orlowski: It is 36
Mr. Raynor: Thirty-six, alright, for some reason the legal
notice has ommited,"that section. Proof of -publication .ran in
the Suffolk Weekly Times for one week commencing the first of
March and. signed by Susan Allen, notorized by Judith Chien, also
ran in the LI Traveler Watchman commencing on the first day
of March and it ran for one week signed by Pat Wood, notorized
by Clement Thompson. In review of the file, it is a subdivision
pending since , I think about 1977 . In the file, correspondence
from this Board to the applicant's attorney Mr. McNulty setting
tonight for a public hearing, correspondence from the Town Attorney
with regard to covenants and restrictions prepared for the property,
correspondence from our Board to him and correspondence from our
Board to him and correspondence from the Suffolk County Department
of Health Services which had originally rejected the information
submitted data on this subdivision and later is says a hearing
held on January 18 , 1984 you had an opportunity to appeal and
it was forwarded under Section 220, of Article 2 , of the Suffolk
County Sanitary Code: Based on the information submitted that
the application be approved providing a covenant is included in the
deed wihch clearly states that the water quality at the time of
the last sampling exceeded the drinking water standards , and
that treetment may be required on individual wells at this site.
- pg (27) 3/12/84
Mr. Raynor: singend .by Aldo Andreoli, director of Environmental
Health, correspondence from the applicants -attorney regarding
appreciate if you would furnish me with a statement of what
covenants you would like filed so .that I can encompass it in
one document and submit same to the Board of Health for their
approval,. correspondencef.r.onthis Board to the .applicant!s. attorney
going back to March of 1983 comments from the Suffolk County
Department of Planning: after due study and deliberation we
resolve to approve said map subject to 7 conditions :
1 . No lot will be subdivided in any other manner.
2 . No .grading shall be permitted within 50 feet of the top
edge of the bluff.
3 . No residential structures and sanitary disposal facilities
shall be constructed within .100 feet of the top edge of the bluff ..
4 . No stormwater runoff resulting from the development and
improvement of this subdivision or any of its lots shall be
be discharged on the face .of the bluff .
5 . Access to the beach shall only be by means of a suitable
structure designed and constructed in a manner that will result
in the least disturbance of the stability of the bluff.
correspondence from this Board. declaring itself lead agency under
the State -Environmental Quality Review Act, and the further
conditions from the County to be filed, correspondence from this
Board to the attorney .pertenant to covenants and restrictions
pertaining to the subdivision. That pretty well..completes the
file as is the proceedure at this type of public .hearing we
will ask if there is anyone present this evening who would
like to speak in opposition of the proposed minor subdivision
of Robert and Jean Lenzner. Hearing none. Is there anyone
present this evening who would like to speak in favor of this
proposed minor subdivision.
Mr. McNulty: . My name. is John McNulty, I am the attorney for the
applicant. I believe the file is complete. except for the covenants
and restrictions, we would like to encompass the requirement from
the Board of Health in those covenants and restrictions and file
it as one document.
Mr. Raynor: Do you have. a draft of that?
Mr: McNulty: No, I don't- because I didn't get the copy from your
office.
Mr. Raynor: we'll, -.you didn' t. get the copy from. our office because
the Town Attorney just responded to us stating he would like some
specific nature of what is being contained .by the Department of
Health Services , perhaps it would be advantageous for you to
contact his office directly.
Mr. McNulty: All they require is a statement that the water quality
doesn't meet the standards . I think the standard was 10 parts per
million or billion whatever it is and we had 11 parts . That level
of nitrates is exceeded in many municiple water supplys .The Board
of Review considered it in this particular case.
Mr.Raynor: I think it would expedite your effort if you contact
the- Town Attorney.
pg (28) 3/12/84
Mr. McNulty: Any questions?
Mr. Raynor: Not at this point. Maybe some other people would
like to speak in favor of this . Is there anyone else present
that would like to speak in,favor of this proposed subdivision
of Lenzner. Hearing none. Is there anyone present this evening
who would like to give the Board some information that they may
have that may be neither pro nor con but should held the Board
in. mak.ing any determinations . Mrs . Teidke?
Mrs . Teidki:The legal notice did not say how many acres .
Mr. Raynor: Yes , I noted that I .had to go back in reference to the
map in order to have in included in the record.
Mrs . Teidki: I didn't hear that, how many acres?
Mr. Raynor: Approximately 36 acres , . any other questions or
comments pertenant? Hearing none: Mr. Mullen any questions?
(none) Mr. Orlowski? (none) Mr. Wall? (none) Mr. Latham? (none)
Number l we will await those conditions on the C & R' s from the
Department of Health Services , Number 2 the balance of the large
tract, do you propose any C . & R's on those? as far as future
subdivisions?
Mr. McNulty: What?
Mr. Raynor: We are dealing with two large parcels one was 16
acres and one was 40 acres . Do you have any particular covenants
that would pertain to future subdivision?
Mr. McNulty: I understand that before you subdivide it you would
come back to the Planning Board,
Mr Raynor: Fine, I didn' t know whether there was anything you
wanted to include at this point. Alright, there being no further
questions , we wil ]deem this hearing closed and thank you for
coming in this evening for your input. -
Mr. McNulty: Thank you.
9 : 00 p.m. Mr. Jim .Gray of Pudge Corp. was present for a
pre-submission conference on his site plan for a shopping
center located in Southold. Mr. Gray explained that the Post
Office had changed, therefore, he now has proposed individual
units . Mr. Gray also submitted new plans showing parking and
the individual shops . He explained that the access is on -F-the
Main Road, th is one-way on the East side but two-way traffic
on the West side coming off. the Main Road. He asked for relief
on the buffer zone on each "side. He mentioned to the Board that
he intended to join the proposed parking field with the parking
field of the library. He explained that he was acquiring the
property to the West right up to the parking field of Town Hall .
He presented maps showing the elimination of. the buffer zone
and the proposed parking with access from the Town Hall parking
field right throug. behind the Post Office right into the public
library and the access will be through Traveler Street in
two locations , the post office would have it' s own access_. The
Board questioned the percentage of lot coverage of the buildings
and Mr . Gray stated that the buildings cover 2 ,000 square feet
.' v. pg (29) 3/12/84
Gray pre-submission:.conference cont.
and the complete land is 1.75 , 000 ,squareefeet, therefore it would
be 30, 000 square feet of building space (this was including the
5 ,000 square feet of 'the Post Office with .-the 25 ,000 square feet
of Mr. Gray' s building) . Mr. Raynor- also questioned the percentage
of buffering. Mr. Gray 'did not have this ,computed. and the
Board stated they would need a series of mathamatical computations .
The Board also requested that Mr. Gray obtain any relief first,
and submit drainage plans, and composite drawings as . well as the
computations . Mr. Mullen questioned as to the use of "sleeping
policemen" on the road as well as the number of parking spaces
and whether they will be adaquate .
Cross Sound Ferry-Mr. Young was .present to discuss this site plan
located at. Orient. The Board requested Mr. Latham to visit the
site and report back. to the Board,.as-:to the area -and if .thenproposal
was suitable.
Leon Marcus-Mr. Cuddy was -present to request a_ public hearing .on
the proposed subdivision, located at Greenp.ort.
On a motion made by Mr. .Mullen, seconded by Mr. .Orlowski it was
RESOLVED that the Southold Town Planning Board set Monday April 9,
1984 at 7 :30.- p.m. �at„the Southold. Town Hall, Main Road, Southold
as the time aLiid place for a public hearing on .the question of
approval of the minor subdivision of Leon Marcus located at
Greenport.
Vote of the Board: , Ayes:. Raynor, Mullen, Orlowski, Latham, Wall
William Chudiak-Mr. DePetris was present to- discuss the two
proposed set=offs located at Mattiuok.
On a motion' made. by Mr. Orlowski, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board approve .the set-off
( 106-13) of William Chudiak (#368) located at Mattituck.
Vote. of the Board.: Ayes: Raynor, Mullen, Orlowski, Latham-, Wall
On a motion made by Mr. Orlowski, seconded by Mr. Wall it was
RESOLVED that the Southold Town Planning Board approve the set-off
(106-13) of William Chudiak ( #374) iodated at Mattituck.
Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall
pg (30) 3/12/84
Fellinger-Ihar Mr. Fellinger=Ihar was present to request a final
hearing on the major. subdivision of Woodbine Manor located at
Cutchogue.
On a motion made by Mr. Latham, seconded by Mr. Orlowski it was
RESOLVED that the Southold Town PlanningBoard-. set a public hearing
on April 9, 1984 for the final approval of the major subdivision
of Woodbine Manor. ; located at Cutchogue.
Vote of the Board : Ayes, Raynor, Mullen, Orlowski, Latham., Wall
Following this resolution, Mr. Fellinger-Ihar stated that he wished
to amend his maps to create two sections , Section I would be the
13 lots along the road. The Board stated that this could not
be up for a final hearing if the amended maps have not been submitted.
Mr. Fellinger-Ihar agreed to re-schedule the public hearing as he
only wanted the lots along the road to be approved at this time.
On a motion made by Mr. Latham, seconded by Mr. Orlowski it was
RESOLVED that the Southold Town Planning Board withdraw the previous
resolution for a public hearing and will hold this in abeyance
until the re-designed maps are received.
Vot eof the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall.
Following a field inspection of*the*Randazzo. proposed subdivision
located at Southold the following action was taken..
On a motion made by Mr. Wall, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board chant sketch approval.
to the minor subdivision of Randazzo Building Co. located at
Southold dated November 1, 1983 .
Vote of the Board: Ayes : Raynor, Mullen, Orlowski, Latham, Wall
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning Board delcare itself lead
age g under the State Environmental Quality Review Act with tegard
to the minor subdivision of Randazzo Building .Co. located at Southold
An initial determination of non-significance has been made.
Vote of the Board: .Ayes: Raynor, Mullen, Orlowski, Latham, Wall
The Board set the following new proposals for a field inspection:
Greenfield-Peconic Kruse-Mattituck
Sledjeski-Orient Christie-Laurel
Dimaggio-Southold Simichich-Mattituck
Rosenstone-Cutchogue Tuthill-Cutchogue
Wanat-Mattituck Albertson-Southold
Troyano-Peconic McKay and Greenly at New Suffolk
k pg (31) 3/12/84
On ,a motion -made by Mr.Mullen, seconded by Mr. Orlowski it was
RESOLVED that the Southold Town Planning Board approve the set-
off (106-13) of Bertha Okula located at Orient dated February 21, 1984 .
Vote of the Boards. Ayes: Raynor, Mullen, Orlowski, Latham, Wall
It was noted that this set-off received Board of Appeals approval
due to the insufficient area.
Old Town Park-Mr. Bitses requested that the Board .review his
correspondence of February 22, 1984 , the Southold Town Planning
Board stated that they needed more time for reviewing the
application and the correspondence submitted.
DESCRIPTION. OF _ACTION
The Set-off of Caminiti=Gillispie is�located at Southold..
The project has been determined not to have a significant
effect- on the environment for -the following reasons:
An environmental assessment has been submitted which
indicated that no significant adverse effects to the
environment were likely to occur should the project
be implemented as planned.
The Department of Environmental Conservation has stated that
no DEC permits are necessary. This is an unlisted classification,
and the DEC cannot be 'lead agency because it has no jurisdiction
in this action:
Because there has been no response in the allotted time from
the Suffolk County Department of Health Services it is
assumed that there is no objection nor comments by that agency.
The project will meet all the requirements of the Code
of the Town of Southold Subdivision of Land Regulations .
Further information can be obtained by contacting Diane M.- Bclzulaze.=a
Secretary, Southold Town Planning Board, Main Road, Southold, New York
11971
a�
pg (32) 3/12/84
DESCRIPTION OF ACTION
The minorsubdivision of Margery D.Burns is a three lot subdivision
located at Southold.
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which
indicated that no significant adverse effects to the
environment were likely to occur should the project
be implemented as planned.
Because there has been no response in the allotted time
from the New York State Department of Environmental
Conservation it is assumed that there is no objection
nor comments by that agency.
The Suffolk County Department of Health Services has
stated no objection to the lead agency designation and
is agreement with the initial determination. The
department has received an application and it is incomplete
and it is noted that test well and test hole data has
been requested for the applicant.
The project will meet all the requirements of .the Code
of the Town of Southold Subdivision of Land Regulations .
Further information can be obtained by contacting Diane M.Schultze:_y;
Secretary, Southold Town Planning Board, Main Road, Suuthold, New York
11971
Thomas Samuels-The Board reviewed the correspondence from the
Department of Environmental Conservation and the Suffolk County
Department of Health for this minor subdivision located at Orient.
It was the concensus of the Board to request that Mr. Samuels
1 appear before the Board at the next meeting to further discuss
his proposal.
Peter Luhrs-The Board reviewed the correspondence from the Building
Inspector for this proposed site plan located at Southold for
a light truck and car repair shop. It was noted that buffering
is. needed_on the. West side since the driveway must be 10 feet
from the lot line.
s.' ' y pg (33) 3/12/84
On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was
RESOLVED that the Southold Town Planning Board approve the
site plan "Peter Luhrs" for the construction of a light truck
and car repair shop located at Southold subject to revised
maps submitted showing a 10 foot wide buffering on the West
side of the site plan.
Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall
Pipes Cove-Greenport: Mr. David Kapell was present to discuss
the proposed set-off. . The Board reviewed Mr. .Kapell' s correspondence
regarding covenants and restrictions which the Board requested.
It was the concensus of. the Board to. contact the Town Attorney
regarding the covenants and restrictions
On a motion made by Mr. Latham, seconded by Mr. Orlowski it was
RESOLVED that the Southold Town.,.Planning Board accept Inspector Davis '
access road report No. 345 with regard to the road within the
minor subdivision of Peter Druhl, (No. 18) located at Southold.
Vote of the Board :Ayes : Raynor, Mullen, Latham, Orlowski, Wall
On a motion made by Mr. Latham,. seconded by Mr. Orlowski it was
RESOLVED that the Southold Town Planning Board accept the
access road report of Inspector Davis regarding the access road
within the subdivision of Herodotus Damianas , report No. 344 .
Vote of the Board Ayes : Raynor, Mullen, Latham, Orlowski, Wall
On a motion made by Mr. Wall, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board accept the access
road report of Inspector Davis regarding the access road within
the minor subdivision of Blum and Littell located at .Cutchogue,
report No. 346 .
Vote of the Board: Ayes: Raynor, Mullen, Latham, Wall
Mr. Orlowski abstained since he owns Lot No. 4 within
this subdivision.
Manos at Mattituck:
On a motion -made by Mr. Orlowski, seconded by Mr. Wall it was
RESOLVED that the . Southold Town Planning Board will ,amend
the. resolution of Zahi ua-ry.6 , 1984 with regard to the access road
report of Inspector D_�is for the road within the subdivision
pg (34) 3/12/84
w
of James Manos. upon. withdrawal of., t.he Article 78 pending
before the Board.
Vote of the Board: Ayes : Raynor, Mullen, Orlowski, Latham, Wall
Entenmann- The Board has requested clarification as to the
covenants and .restrictions for the two large parcels within
this subdivision located at Mattituck, and are awaiting same
from .the applicant' s attorney.
On a motion made by Mr. Latham, seconded by Mr. Wall, it was
RESOLVED that the Southold Town Planning Board approve the
bond estimate of Lawrence Tuthill for the roads within the
subdivision of Highpoint SectionII located at East Marion.
The Southold Town Planning Board recommends this bond amount
to the Town Board.
Vote of the Board: - Ayes : Raynor, Mullen, Orlowski, Latham, Wall
On a motion made by Mr. Mullen, seconded by Mr. Orlowski it was
RESOLVED that the Southold Town Planning Board approve the minutes
of the meeting of February 6 , 1984 .
Vote of the Board: Ayes : Raynor, Mullen, Orlowski, Latham, Wall
On a motion made by Mr. Latham, seconded by Mr. Mullen it was
RESOLVED that the Southold Town Planning Board approve the minutes
of the special meeting of February 15 , 1984 .
Vote of the Board Ayes : Raynor, Mullen, Orlowski, Latham, Wall
On a motion made by Mr. Latham, seconded by Mr. Orlowski it was
RESOLVED that the Southold Town Planning Board set April 9, 1984
at 7 :30 p.m. at the Southold Town Hall as .the time and place for
the next regular meeting of the Board.
Vote of the Board: Ayes : Raynor, Mullen, Orlowski, Latham, Wall
On a motion -made by Mr. Mullen, seconded by Mr. Orlowski it was
RESOLVED that the Southold Town Planning Board approve the site
plan " Brewer Yacht. Yard" located at Greenport for the cons ruction
of a cement electrical vault.
Vote of the Board: Ayes: Raynor, Mullen, Orlowski, Latham, Wall
R pg (35) 3/12/84
On a motion made by Mr. Mullen, seconded by Mr. Latham it was
RESOLVED that the Southold Town Planning_ Board .refer the
site plan "Nick Aliano" to the Building. Department for certification.
This site plan proposes a hotel located a t Greenport.
Vote of the Board: Ayes : Raynor, Latham, Mullen, Orlowski, Wall
The following applications were held-over due to the time:
Greenport Mall-Greenport Grigonis-Southold
Conklin-Greenport DiVello- Mattituck
Winds Way-Southold Blair-East Marion
Scire- Cutchogue
Merrill-Laurel
Being no further business to come before the Board, Mr. Latham
made a motion to adjourn, seconded by Mr. Mullen and carried.
Meeting adjourned at 10:30 p.m.
-kespectfullv su bmitted,
is e M. Schultze Secretary
y
uthold Town Planning .Board
Bennett. Orlowski,.Jr., .9eii"irman
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE /�� y HOUR S1131-1P,1y,
s
Town Clerk, Town of S old