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Home My WebLink About3542 Southold Town Board of Appeals °s1W �� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 _ TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN l�' 2. •�� CHARLES GRIGONIS,JR. ., SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) . Special Exception to the Zoning Ordinance, Article V, Section 100-50B (Article XIII) , for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS. a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDE MARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of County Road 48, Town -of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section Q45, Block -01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article V, Section 100-50B, (Article XIII) , for permission to construct 7 Motel Units. Page 2 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered on November 2, 1989 �i 3 . At the time of this hearing on 9/21/89, by letter to the attorney for applicant, the Code sections were changed to indicate updated Section of present Code, Article VI, Section 100-61B( 4) , as corrected. �= (1) Article VI, 100-61B ( 4) , the nature of this present application is for a special exception for 68 motel units and one manager' s unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. (2) Hotel or motel uses as set forth in and regulated by 100-61B( 4) of the Resort Residential (RR) District. (3) Definition of a Motel: Buildings or Building providing overnight accommodations for motorists (p.764, Language of Zoning, taken from New York Zoning and Practice, Third Edition, By Robert M. Anderson) . 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause substantial effect on the safety, health welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr'. Grigonis, its was Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 (1 i RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDE MARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Units not p ped 600 sq. ft. in size. [Article VI , .'Se.cti.on 6IB. A� (e.}f . 2. That a sign be placed. on.-west-..side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3. That all construction be setback a minimum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark ( landward) during construction. 5 . That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the -commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df GERARD P. GOERRINGY CHAIRMAN r F Cure, Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN,JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times: 7 :30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, Article IX, Section 100-102, as Disapproved, (nonconforming Bulk area and parking requirements of the Hamlet Business District) Proposed construction will have insufficient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block 1, Lot 14. i •Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7 :35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (A) ( 1) , as disapproved, for permission to construct and inground pool with deck and fence, within 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section 15, Block 1, Lot 3. 7: 40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to the .Zoning Ordinance, Article I, Section 106-20 (Article III Section 100-31 as Disapproved) for approval of insufficient area in this pending division of land.of property, (R-80 Zone District. ) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. . Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7: 45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling .with an insufficient 40' frontyard setback in this R-40 Zone District. Property Location 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, Lot 11. 7 : 50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-31, as disapproved) , for approval of insufficient areas in this pending subdivision (R-40 Zone District. ) Property Location: 350 Wood Lane, Greenport, Section 043 , Block 04, Lot 29-30-35. .Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7: 55 p.m. Appl. No. 3864 - LOEPOLD STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) , for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. 8: 00 P.M. Appl. No. 3865 - CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A. Section 100-30 A.3 , as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6. . Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8: 05 p.m. Appl. No. 3866 - HENRY ARBEENY. Variance to the Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB) , Property Location: Route 48, Kenny' s Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY. Variance to the Zoning Ordinance, Article XXIII , Section 100-239d, A (1) , as disapproved, for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty' s Drive, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 24. .Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8: 15 p.m. Appl. No. 3852 - RICHARD DiBLASI . Variance to the Zoning Ordinance, Article III, Section 100-30A3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037 , Block 04, Lot 01. 8:20 p.m. Appl. No. 3852 - ELLIOT PASKOFF. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, (Article XXIII, Section 100-231 (A) , as disapproved) for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is nonconforming in this R-40 Zone District. Property Location 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Section 54, Block 4, Lot 4. . Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapproved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning District R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10 . 8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244. As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. •Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63 . 8:40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE MARK) . Variance . to the Zoning Ordinance, Article V, Section 100-50B Special Exception, (Article XIII, as disapproved) for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. .. Page 9 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8: 45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, (Section 100-239D, as disapproved) for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3 .2, 3 .3, 4, 6.1. 8: 50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance to the Zoning Ordinance. Article XXVII, Section 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insufficient setbacks. Property Location: End of Maple Lane, East Marion, in this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38, Block 7, Lot 21 units. ., Page 10 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing your presentation will be available, if needed. For more information, please call 765-1809. Dated September 1, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO.3 TOWN OF SOUTHOLD L.. BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N. C. NOTICE OF DISAPPROVAL File No. . . . . . . . . . Date . . . . r . . . . . . . . . . . .. 19?`To . . PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . ., 19 :� . for permit to construct . . ..#U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property G f 7�®. . . . . . . . . . . . .l House No. Street Hamlet County Tax Map No. 1000 Section . . . .0.4�. . . . . Block . . . .<.1. . . . . . .Lot . . Q. . . . . . . . . Subdivision . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . :"sz . . . .1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. .. . . . . Building Inspector RV 1/80 RECEIX; 'OWN OF SOUTHOLD, NEW YORK JUL 2 8 1966 APPLICATION FOR SPECIAL EXCEPTION Towns Clerk Southold Application No. Date Filed: 21-R TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We) , Cliffside Associates of 72 N. Ocean Avenue, (Residence, House No. and Street Patchogue, NY 11772 (Hamlet, State, Zip Coae, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE V SECTION _ 1 00-50 _, .SUBSECTION B (4) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): S.C. Tax Map #1000-045-01-02 Property is located on the northwest side of Middle Road (C.R. 48) , Greenport, New York_. Property is currently zoned M-1 Zone.. Request is hereby made for Special Exception permission to construct 76 motel units in accordance with Section 100-50 B (4) of the Code. The proposed use will comply with Section 100-121 C of the Code. . A. Statement of Ownership and Interest. Cliffside Associates Ware) the owner(s) of property known and referred to as Middle Road C. 48 r k House No. , Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section' 45 Block Lot(s) 1 & 2 which is not (is) on.a subdivision Map (Filed , "Map of Filed Map No. , and has been approved by the Southold Town Planning Board on' as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned M-1 and [ ] i.s .cQnsisit0nt with the. use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [x ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW PORK) ss. : (Signature) Richard Pellicane Sworn to before me this aS_"day of July 1986 Attorney for Applicant (Notary is MARY LOU DREEBEN rev. NOTARY PUBLIC,State of New York ZB2 ( /6/86) No.4763129, Suffolk County p Commission Expires Maafeh 30, 19a Sla__ TOWN OF SOUTHOLD PROPERTY . RECORD CARD p OVw!`s!+.3: STREET VILLAGE DIST. SUB. LOT f FORMER ONE _N= E } , °� ` ACR. S TYPE 'OF BUILDING S. SEAS. �VL. 13 FARM COMM. CB. MISC. Mkt-. Value LAND IMP. TOTAL DATE REMARKS ��/,let if if ®s � 46 • i f S iv e � _ • 4:8 L+ �� _..+^°'•'�� L../e1' -�> °°.��Cd't � `./ a'— b 'rr' • p..:° F€d � Lsc a E g' .Lj '� _��, ' AGE BUILDING CONDITION NE V NORMAL BELOW- ABOVE FARM Acre Value Per Value Acre Tillable I Tillable 2 - 'Tillable 3 �33a . s� `-Woodiand - - - - '` O L / ` Swampland FRONTAGE ON WATER RA� Brushland FRONTAGE ON-ROAD r ° G House Plot DEP a H BULKHEAD Total DOCK : RICHARD.PELLICANE (516) 283-7200 ATTORNEY AT LAW olf la, March 19 , 1987_ Mr. David Emilita 30 Wooley Street Southampton, NY 11968 Re: Tide Mark - Situate at Greenport Dear Mr. Emilita: I represent the applicant. The enclosed DEIS relects 46 dwelling units. 'Please amend to 76 motel units . Thank you. Very truly yours, Richard Pellicane RP: sjk Encl . cc: Richard Haefeli, Esq. Mr. Henry Raynor HAND DELIVERED 25 BOWDEN SQUARE, SOUTHAMPTON, NEW YORK 11968 k-��Gt a +%A (! w,, ,•i+jC. '• "�� DAL*v Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 1989 Henry Raynor P.O.Drawer A Jamesport, New York 11947 Re: (:Cou liffsi /Tidemark Hotel Road 48 , Greenport # 1000-45-01-1 Dear Mr. Raynor, This letter is to confirm our conversation of December 4th, in which we discussed the floor plan for the transient motel, Cliffside/Tidemark. It is the consensus of both the Planning Board and the Building Department that the individual hotel units shown on the floor plans (building plans) that were submitted to the Zoning Board of Appeals, the Building Department and the Planning Board exceed the 600 square foot total square footage allowed per unit. The Town' s Zoning Code states that the maximum size of a guest unit shall be 600 square feet per unit: there is no provision for excluding square footage for bathrooms, etc. (Section 100-61.B. (e) . If you should have further questions or concerns, please do not hesitate to contact me. Very Truly Yours, Valerie Scopaz` Town Planner for Bennett Orlowski, Jr. Chairman CC: Gerard Goehringher, Zoning Board of Appeals Victor Lessard, Principal Building Inspector INTER-OFFICE MEMO FROM THE TOWN ATTORNEYS OFFICE TO: ` FROM: James A. Schondebare, Town. Attorney . DATE: "d��f71 %•f 5 REF: - 4 C - C ! .. r C441 MEMORANDUM TO: File FROM: Valerie Scopaz, Town Planner 11y DATE: December 13, 1989 YYY On the Friday,- December 8th work session, the Planning Board reviewed the floor plan of Cliffside/Tidemark with Victor Lessard, Principal Building Inspector. The following points were discussed: 1. The 4floor plan that was submitted to the Planning Board and the Building Department indicates that the unit sizes are greater than 600 square feet each. This is in contravention to the Town Code. 2. A building permit application has been made to the Building Department. However, it will not be issued until after the Planning Board has issued site plan approval. 3. The Town Engineering consultants have requested additional data. The applicant was notified of this verbally. Contact has already been made by both Planning staff and the applicant's representative, Henry Raynor, with the Town Engineer - to rectify the drainage information needs. cc: Building Department Zoning Board of Appeals Town Hall, 53095 Main Road " P.O. Box 1179 Southold. New York 1 1971 J _ - TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 1989 Henry Raynor 320 Love Lane Mattituck, NY 1195.2 RE: Cliffside/Tidemark Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, October 16, 1989. RESOLVED that the Southold Town Planning Board revise the resolution of February 27, 1989 whereby it adopted the findings of the Final Environmental Impact Statement by reference. And, to incorporate the findings statement . into the resolution itself, to read as follows: RESOLVED that the Southold Town Planning Board accept and adopt the findings of the Final Environmental Impact Statement dated February 1989 as follows: The final design of the project must be reduced as follows: 1. reduce the traffic impact; 2. reduce building and 'land coverage; 3 . reduce number and size of units (individual) ; 4. require less water and thus produce smaller amounts of sewage; As elaborated in. the Final Environmental Impact Statement. If you have any questions, please do not hesitate to contact this office. V,,-ry trul:� yojAr's; ;�� .00 BENNETT ORLOWSKI,JR. CHAIRMAN jt tA �Ae 'J I'1 I. �pr�r1�1 I i I, ,I I 1 rr• �I 1 l+ }1r, � r7 .I I i I' y(1 1 ail, !� ` 9+ i�'i/��A�ef �� 1 r� �I�I �ff .l it e�I �� ll I,1`�1 � 1 I . �• � �� {4 � ,`'I�t ,� �i) .rr•"1S 1 �: � II �l'� I ,.i r , t.Pp 11� r E.I-r I'6 �' .It. r�'.� 'I L .� r'�' I' Iti. 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'ir✓ :.'.� - . .-. : . ,. . . , I.. .- ,. ..I. I .. m . 7 I ,-L. g� �, Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE(516)765-1938 /3 � �/ PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 1989 Richard T. Hadfeli P.O. Box 1112 Westhampton Beach, NY 11978 RE: Cliffside/Tidemark SCTM 41000-45-1-1 Dear Mr. Haefeli: The following action was taken by the Southold Town Planning Board on Monday, February 27 , 1989 . RESOLVED that the Southold Town Planning Board accept and adopt the findings of the Final Environmental Impact Statement dated February, 1989. If you have any questions, please do not hesitate to contact this office. Vey"7ruly yours, BENNETT ORLOWSKI,JR. ; CHAIRMAN cc: See attached list jt Copies mailed to the following: Suffolk County Department of Health Services Suffolk. county Planning Commission Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board At n� ti s` I —410 Z R—ao R 80 ! N TH RR HD: HD —4 RO RR .1-80 HD G POR T LB LB V i art. j� LIO FRAgK <, LONO T -- ,p R �® ♦p p R-80 •'* PEA :� as Cprp RR 1 R-80 \ —ISLAND \ Conkling Point 0,.X SHELTER I S L A t Y �o��Fo�coG o y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. October 19, 1989 Dear Jay, If you could please read over the. following Finding Statements that we have received from the Planning Board, we would like to know if they are adequate to make a decision on the CLIFFSIDE/TIDEMARK variance. Jerry l� � `sl• 46 � � d`' 14 7 LLIlk +�, 3e iF Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside/Tidemark Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, October 16, 1989. RESOLVED that the Southold Town Planning Board revise the resolution of February 27, 1989 whereby it adopted the findings of the Final Environmental Impact Statement by reference. And, to incorporate the findings statement into the resolution itself, to read as follows: RESOLVED that the Southold Town Planning Board accept and adopt the findings of the Final Environmental Impact Statement dated February 1989 as follows: The final design of the project must be reduced as follows: 1. reduce the traffic impact; 2. reduce building and land coverage; 3 . reduce number and size of units (individual) ; 4. require less water and thus produce smaller amounts of sewage; As elaborated in the Final Environmental Impact Statement. If you have any questions, please do not hesitate to contact this office. V-ry trul�j yojArs; BENNETT ORLOWSKI,JR. CHAIRMAN Jt VALERIE SCOPAZ Town Hall, 53095 Main Road TOWN PLANNER • P.O. BOX 1 179 v Southold, New York 11971 TELEPHONE (516)765-1938 MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Valerie Scopaz, Town Planner �S DATE: October 4, 1989 RE: Cliffside/Tidemark The following information may be useful to your Board in its review of the Cliffside/Tidemark application. 1. This should be treated as a request for a Special Exception for a transient motel/hotel in keeping with the definition in the Zoning Code. The transient motel/hotel definition specifically provides for the inclusion of a residential unit for a manager or owner, whereas the resort motel/hotel definition does not. The project has at . various times been described as a resort motel. The use of this descriptive term has sometimes been confused with the definitive term in the Zoning Code. 2. The site plan that has been referred to your office by the Planning Board does not include floor plans. The applicant has submitted floor plan concepts at other, earlier stages of review, but these plans now exceed the new restriction of 600 square feet per hotel room unit. The Planning Board has requested the inclusion of revised floor plans in the site plan. . Floor plans that have been submitted in the past have shown suites consisting of a living area, two bedrooms, and two full baths. So far, none of the plans that have been submitted show the usual motel/hotel amenities or features, such as storage closets for the janitorial equipment; the bed and bath linens, the paper and soap supp]_ies, etc. 3 . This project is being proposed as a condominium hotel, whereby each room unit will be owned separately. The owners of each unit must agree to rent the units for a specified number of weeks per year. (This information was brought to my attention at a meeting with Henry Raynor and Richard Haefli, attorney, in March of 1989. ) It is hoped that additional information about the condominium hotel concept will be forthcoming from the applicant. if I can be of further assistance to the Board of Appeals, please do not hesitate to ask. 3 z Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM FROM: Bennett Orlowski, Jr. , Chairman TO: Gerard Goehringer, Chairman Zoning Board of Appeals DATE: October 4, 1989 RE: Cliffside/Tidemark Motel The Planning Board has reviewed the revised site plan that was submitted on September 22nd. Conceptually, the plan is acceptable for the Zoning Board of Appeals' review. However, specific details still need work. Enclosed please find a copy of a letter that is being forwarded to the applicant. It itemizes the information or changes that are being requested by the Planning Board. Also enclosed is a letter that was received from the Suffolk County Department of Public Works. The County recommends that access to this project be opposite the driveway to the nursing home, yet fails to specify which of the two curb cuts it is referring to. This office will notify yours when we obtain clarification of this and other points in the letter regarding required mitigation measures. {A It ftt!`i1'Sr .civs Town Hall, 53095 Main Road �t � "'�0 P.O. BOX 1179 110+ � Southold. New York 11971 f g TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 4, 1989 Henry Raynor 320 Love Lane Mattituck, New York Re: Proposed Site Plan for Cliffside/Tidemark Motel Greenport, New York SCTM # 1000-45-1-1 Dear Mr. Raynor, The revised site plan that was submitted to this office on September 22, 1989 has been reviewed by the Planning, Board. The Board finds that two of the four items requested in its June 23rd letter were not included in this set of plans: to wit, 1. Details of sign and a site lighting plan. 2. Elevation drawings and floor plans (for each set of buildings) . When you submit the above-noted information, please include the following information which was missing from the main site plan. Inclusion of this information will expedite the review of the plans by other agencies. 1. The number of parking spaces, and the location of the loading area should be noted on the site plan. 2. The plan should indicate the number of dwelling units proposed, including the manager's dwelling unit, (73 ) . 3. Indicate on the site and the drainage plan the . location of the pool drain and backwash. 4. Provide specifications on the retaining walls. Cross .. sections or profile sketches would be helpful so that. the need for railing can be determined. 5. Indicate the lot coverage and the percentage of landscaping. Incidentially, the key for the landscape plan does not match the plantings shown on the plan. Please provide the correct key. Upon receipt of all the above-noted information on twelve complete copies of the revised site plans, referrals will be made as indicated in the June 23rd letter. A copy of the Suffolk County Department of Public Works' letter has been enclosed for your information. The Board will send them a copy of the revised site plan, with the information requested above, in order to clarify the mitigation measures they are recommending. If there are any questions, please contact the office. Yery`Truly Yours,,-, ell *:t'i� .r ice` `` '��✓,•,��-�✓� •� Bennett Orlowski, Jr. j�- Chairman cc: Zoning Board of Appeals James A. Schondebare, Town Attorney COUNTY OF SUFFOLK tan PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE l?y; DEPARTMENT OF PUBLIC WORKS JOSEPH P. HURLEY.P.E. JAMES G. MCCLAVE,P.E. COMMISSIONER ,September 28, 1989 DEPUTY COMMISSIONER Town of Southold Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Bennett Orlowski, Jr. RE: n/s/o C.R. 48, Middle Road, e/o Chapel Lane "CLIFFSIDE/TIDEMARK HOTEL" Gentlemen: We have reviewed the above referenced submittal. Specifically note that: A permit from this Department will be required pursuant to Section 136 of the Highway Law for any improvements this Department deems necessary along the County right-of-way. No widenings or reconstruction is presently planned for this County road within the area of the subject site. The proposed access to this development should be-located opposite of the access to the nursing home on the southside of C.R. 48, Middle Road. Mitigation measures should be provided by the developer of this parcel to Increase sight distance to the mainline of C.R. 48 from the proposed drive. The installation of acceleration and deceleration lanes may improve the sight distance at this proposed access. We are aware that a sight distance study was made at this location by the developer's consulting engineer. This study should be forwarded to this Department for review and comments. YAPHANK AVENUE. P.O. BOX 59 ■ YAPHANK. NEW YORK 1 1980-0059 ■ (516)282_ y: -P- ppppw 2 - f((: 3 i; September 28, 1989 Town of Southold Planning Board RE: CLIFFSIDE/TIDEMARK HOTEL If you have any questions, kindly contact this office at 282-1354. Thank you for your cooperation in this matter. Very truly yours, C. ROGER MEEKER CHIEF ENGINEER l J By:(�a Richard J. lle Principal Ci Engineer CRM/RJL/jfb cc: Richard A. Strang, SCDPW i i J� 1 1 . 1' 1 i 1 i � r4' titM u�1ik � VALERIE SCOPAZ Town Hall, 53095 Main Road TOWN PLANNER ® P.O. BOX 1 179 Southold, New Yoik 11971 TELEPHONE (516)765-1938 MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Valerie Scopaz, Town Planner 1S DATE: October 4, 1989 RE: Cliffside/Tidemark The following information may be useful to your Board in its review of the Cliffside/Tidemark application. 1. This should be treated as a request for a Special Exception for a transient motel/hotel in keeping with the definition in the Zoning Code. The transient motel/hotel definition specifically provides for the inclusion of a residential unit for a manager or owner, whereas the resort motel/hotel definition does not. The project has at various times been described as a resort motel. The use of this descriptive term has sometimes been confused with the definitive term in the Zoning Code. 2. The site plan that has been referred to your office by the Planning Board does not include floor plans. The applicant has submitted floor plan concepts at other, earlier stages of review, but these plans now exceed the new restriction of 600 square feet per hotel room unit. The Planning Board has -requested the inclusion of revised floor plans in the site plan. Floor plans that have been submitted in the past have shown suites consisting of a living area, two bedrooms, and two full baths. So far, none of the plans that have been submitted show the usual motel/hotel amenities or features, such as storage closets for the janitorial equipment, the bed and bath linens, the paper and soap supplies, etc. 3. This project is being proposed as a condominium hotel, whereby each room unit will be owned separately. The owners of each unit must agree to rent the units for a specified number of weeks per year. (This information was- brought to my attention at a meeting with Henry Raynor and Richard Haefli, attorney, in March of 1989. ) It is hoped that additional information about the condominium hotel concept will be forthcoming from the applicant. If I can be of further assistance to the Board of Appeals, please do not hesitate to ask. 7�, Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 20, 1989 Vito F. Lena NY.S. Office Building Veterans Memorial" Highway Hauppauge, New York 11788 Paul Campagnola Department of Public Works Suffolk County Center Yaphank Avenue Yaphank, New York 11980 Re: Proposed Site Plan for Cliffside/TidemarkHotel SCTX # 1000-45-1-1. Dear Messeurs Lena and Campagnola, The Planning Board has not received your response regarding the enclosed site plan which was sent to your offices in June of 1_989. Copies of the referral letters are enclosed. The applicant is required to obtain all applicable approvals from your office. before. the Planning Board can issue final approval. At this time, the Board is requesting your office' s input as to the need for a traffic acceleration lane for traffic exiting from the property and turning westward. A response from your office would be appreciated. Very j��.`ly Yours., ennett Orlowski, Jr. Chairman anc. cc: Gerard Goehringer, Zoning Board of Appeals Victor Lessard, Building Department Town Hall. 53095 Main Road ��.?.,�'=�° P.O. Box 1179 '� Southold. New York 11971 TELEPHONE (516)765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Tune 23, 1989 Vito F. Lena N.Y.S. Office Building Veterans Memorial Highway Hauppauge, N.Y. 11788 RE: Proposed Site Plan for Cliffside/Tidemark SCTM# 1000-45-1-1 Dear Mr. Lena: The enclosed site plan is under review for final approval. The Planning Board requests a review of the need for a traffic acceleration lane for traffic exiting from the property and turning west. The area has been circled on the enclosed map. Your comments on the location of this proposed curb cut would also be appreciated. ery tr y uxs, BENNETT OR.LOWSKI, JR. CIIAIR.MAN cc: Zoning Board of Appeals Victor Lessard, Building Department enc. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 1 1971 .. �a��✓ TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13, 1989 Paul campagnola Dept. of Public Works Yaphank Avenue Yaphank, NY 11980 RE: Proposed Site Plan for Cliffside/Tidemark SCTM 41000-45-1-1 Dear Mr. Campagnola: The enclosed site plan is under review for final approval. The Planning Board requests a review of the need for a traffic acceleration lane for traffic exiting from the property and turning west. The area has been circled on the enclosed map. Your comments on the location of this proposed curb cut would also be appreciated. Ve truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN enc. cc: Zoning Board of Appeals Victor Lessard, Building Department Gy Southold Town Board of Appeals • 71 oy� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'�l TELEPHONE (516) 765-1809 APPEALS BOARD Date: September 21 , J989 MEMBERS S,E.Q.R.A. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. UNLISTED ACTION SERGE DOYEN, JR. JOSEPH H.IN SAWZIO,CKI JR. Notice of Determination of Non-Significance JAMES DINIZIO, JR. Appeal No. 3542 Project/Applicants: Cliffside (Tide Mark) County Tax Map No. 1000- 45-1-1 Location of Project: 61475 County Rd. , Greenport Relief Requested/Jurisdiction before this Board in this Project: Construct 76 Motel Ohits in this Resort/Residential (RR) ZoQfhis Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { X } this Board assumes Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: { V) the project is proposed in an area with land contours 10 or more feet .above mean sea level; { } the area seaward of the proposed construction is bulkheaded; { } the project is proposed landward of existing structures; { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits) ; { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted within the next 20 days. For more information, please contact our office. Copies to: Planning Board, Town Trustees, N.Y.S. D.E.C. and/or Suffolk County Department of Health Services. tr tedpe- Otto VALERIE SCOPAZ Town Hall, 53095 Main Road TOWN PLANNER • P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 MEMORANDUM TO: Bennett Orlowski, Jr. , Chairman, Planning Board ✓Gerard Goehringer, Chairman, Zoning Board of Appeals FROM: Valerie Scopaz, Town Planner DATE: September 20, 1989, RE: Cliffside Tidemark Site Plan Henry Raynor has left notice with Planning staff that revised site plans for the Cliffside Tidemark project that were required by the Planning Board will be brought to the Zoning Board of Appeals hearing on Thursday, September 21st. The Planning Board' s copies will be left on the Supervisor' s Secretary' s desk at that time. Since neither Planning staff nor the Board has been given any opportunity to review the revised plans, a determination has not been made as to whether the site plans. have been revised in accordance with the Final Environmental Impact Statement and the Planning Board' s requests. The Planning Board' s letter to Mr. Raynor, dated June 23, 1989, stated that revised site plans were to be submitted to the Planning Board office prior to the date of the Appeals Board' s hearing, principally to allow the Board time to review the plan. The Zoning Board was notified of this by a separate memo. . It is recommended that the Zoning Board of. Appeals hold. the hearing open until its next meeting so as to allow the Planning Board time, first, to review the site plans, and second, to forward comments to the Zoning Board of Appeals as per the agreed upon coordination procedure. Enclosed please find copies of all above-referenced correspondence. cc: Francis J. Murphy, Supervisor Town Hall. 53095 Main Road P.O. Box 1 179 Southold. New York 11971 ... TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 23, 1989 - - Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: Proposed Site Plan for Cliffside/Tidemark Greenport, New York 11944 SCTM#I000-45-1-1 Dear Henry: This is to confirm that the following information is still forthcoming: 1. Details of sign and a lighting plan for the entire site. 2. Topographical and other information as required by the Zoning Code; grading and drainage plans, and site elevations. 3. Detailed landscape plans, including buffer areas, building sites, and. walkway to beach. 4. Elevation drawings. and. floor plans. A complete copy of the revised site plan should be submitted to the Planning Board office prior to the date of the hearing at the Zoning Board of Appeals. Upon submission of twelve (12) complete copies of a revised plan that includes the above noted information, referrals will be made to the .Building Department, the Suffolk County Planning Commission, the Fire District, the Trustees., the Highway Superintendent, the Suffolk County Department of Public Works, the New York State Department of Transportation, the Town Engineer and the Conservation Advisory Council as per Section 100-254D of the Zoning Code. a Zry tru y , BENNETT ORLOWSKI, JR. CHAIRMAN cc: Zoning Board of Appeals Building Department ms ej Town Hall. 53095 Main Road P.O. Box 1179 s Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1 TO: Southold Town Board of Appeals FROM: Southold Town Planning Board DATE: June 23 , 1989 RE: Proposed Site Plan Cliffside/Tid.emark SCTM## 1000-45-1-1 The enclosed revised site plan concept is in accordance with the Planning Board requirements. The data received however is incomplete (see attached letter dated June 23, 1989 to Henry Raynor requesting complete plans) . See also, the letter to the State Department of Transportation requesting review of the proposed right turn only lane. enc. �r o � h ' tiu; Southold Town Board of Appeals oXD�..` �� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516)765-1809 r FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. Augi]st 23, 1989 JOSEPH H.SAWICKI JAMES DINIZIO, JR. Mr. Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 West Hampton Beach, NY 11978 Re: Appl. No. 3542 - Cliffside (Tide Mark) (Variance) Dear Mr. Haefeli: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about September 21, 1989, at the Southold Town Hall,. Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time)in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff v Southold Town Board of Appeals ®{ . � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI April 4, 1989 JAMES DINIZIO, JR. Richard T. Haefeli, 'Esq. 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Re: Appl. No. 3542 - Cliffside Associates (Tide Mark) Dear Mr. Haefeli: This letter will confirm that the Board of Appeals at our Regular Meeting held March . 16, 1989 authorized the tentative placement of the above application fora public hearing at the first available (Z.B.A. ) calendar, following submission by the applicant of the following, to complete and update the file since the date of initial filing: 1. Four site plan maps, revised to comply with FEIS and Planning Board action) ; 2. Two sets of floor plans and/or general construction plans of units (as modified) ; 3. Written authorization to update file for this new RR Zone District, renumbered Article VI, Section 10061, Subsection B(4) . A copy of this letter is being furnished to the Planning Board and the Town Attorney for their files. Yours very truly GERARD P. GOEHRINGER CHAIRMAN lk cc: James A. Schondebare, Town Attorney Southold Town Planning Board and Office Southold Town Board of Appeals March 16, 1989 Regular Meeting appropriate Department- to take lead authority under the site-plan (parking) regulations, particularly since the Board of Appeals had made reference to consideration by the Planning Board of the location of the parking areas. The Board Members unanimously agreed that the following response be sent to Mr. McLaughlin, subject to approval by the Town Attorney, as worded: . . .Dear Mr. McLaughlin: This letter will confirm for the record that Condition. No. 4 of this Board' s decision rendered November 16, 1988 under Appl. No-. 3783 in the above matter is hereby clari- fied to leave the parking areas at the sole discretion of the Planning Board under its jurisdiction in the site-plan review process. It is not the intent of the Board of Appeals to- substitute its judgment over the Planning Board' s discretion in this project. The wording of Condition No. 4 is clear in the first line stipulating that " . . .the parking areas shall be as designated by the Planning Board. . . ." This condition was intended only in the event the Planning Board had waived jurisdiction and the applicant proceeded with the plan submitted under the Special Exception. The Board of Appeals, by unanimous vote, hereby waives its jurisdictionunder the parking regulations if the Planning Board wishes to alter the same'. . . ." Vote: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Members Sawicki and Doyen: ) UPDATE: Appl. No. 3542 - TIDE MARK (CLIFFSIDE ASSOCIATES) . Special Exception application pending for Motel Units. Planning Board has accepted Final Environmental Impact Statement (FEIS) and as a part of that review are requiring a reduction in the number of units, thereby requiring amendments to the site-plan maps and possibly floor plans/construction plans. On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Southold Town Board of Appeals March 161 1989 Regular Meeting (Appl. No. 3542 CLIFFSIDE/TIDE MARK Update, continued: ) RESOLVED, to authorize a letter to the attorney for the applicant, TIDE MARK/CLIFFSIDE ASSOCIATES, subject to Town. Attorney approval, indicating tentative placement for a public hearing at the first available calendar following submission by applicant of the following to complete and update the file since the initial filing: 1. Four site plan maps (revised to comply with FEIS and LDinizio. g Board action) ; Two sets of floor plans and/or general construction f units; _ Written authorization to update file for this new RR strict, renumbered to new Article VI, Section 100-61, ion B(4) . te of the Board: Ayes: Messrs. Goehringer, Grigonis and (Absent were: Members Doyen and Sawicki. ) This ion was duly adopted. NEW APPLICATION: Appl. No. 3831 - RALPH AND PATRICIA PUGLIESE. Review was conducted of this new application for a Special Exception for Winery Use with Wine Storage at 34876 Main Road, Cutchogue, New York. Additional site plan and construction information was requested of the applicant at the time of filing of this application, and to date, same has not been received to complete the file. On motion by Mr. Goehringer, seconded by Mr. Dinizio;- it was RESOLVED, that the following documentation be submitted as early as possible to complete the file in the Matter of RALPH AND PATRICIA PUGLIESE under Appl. No. 3831: 1. Four original prints of a site-plan map depicting all the site plan elements required under the zoning code {as accepted by the Planning Board prior to certification by the Building Inspector} showing screening of the parking areas; lam- ,� v RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 G� i ly 516-288-5455 TELECOPIER (516) 288-5474 March 31, 1989 James A. Schondebare, Esq.- P.O. Box 1018 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Schondebare: I had a meeting with the Planning Board staff on March 17 , 1989 regarding the Site Plan application and plans regarding the above, which were for a 76 unit motel, submitted on November 24, 1986 . The staff stated that the Planning Board wanted the applicant to submit a new plan for either 58 units, which is a 25% reduction, or for 74 units of 450 square feet each. For the rcasons set forth in th3 s letter, I do not- relieve that the Planning board has the ability to request the new plan, and after you have read this letter I would like to meet with you to resolve this matter. On February _ 6 , 1989 Mr. Emilita, the Town Planning Consultant, submitted to the Planning Board the FEIS regarding this applica- tion which, pursuant to a resolution of the same date, was ac- cepted by the Planning Board. The FEIS contained a number of findings, among them being that the density proposed by the applicant be reduced from 74 units to 58 units, a 25% density reduction, if the size of the units was to remain as proposed by the applicant, or that the number of units could remain at 74 if the maximum size of the units was reduced to 450 square feet. It also found that there should be a buffer of 30 feet on the north, east and west 'sides of the property and that the buildings facing Middle Road should be reduced to one story. I RICHARD r T. HAEFELI ... . . ;,: -ATTORNEY S COUNSELOR AT LAW Not only is there no support for the findings in the FEIS, which the Planning Board wants .the applicant to adhere to, but the site plan submitted to the Planning Board in November, 1986 must, pur- suant to Section 100-254G of the Town Code and the provisions of 617 . 9 (b) NYCRR, be deemed to be completed and approved by the Planning Board in that they failed to act within the prescribed period set forth in either the Town Code or in SEQRA regulations. After a number of meetings with the Planning Board, the applica- tion and plans for a 76 unit motel were fi--led on November 24 , 1986, and it was. not until May or June of 1987 that the Planning Board adopted a positive declaration regarding the application and required the applicant to file a DEIS. The applicant did, in fact, file a DEIS and a public hearing was held on the DEIS on January 25, 1988. Even though the Planning Board failed to act in a timely manner on the DEIS and I wrote to you regarding same on April 20, 1988, it required the applicant to file a supplement to the DEIS. The sup- plement was to cover the areas set forth in a memorandum of the Planning Consultant. The supplement was, over the applicant's ob- jection, filed and the Planning Board deemed it complete on October 18, 1988, and held a public hearing on the supplement on November 14, 1988 . The FEIS had to be filed by December 29, 1988, and the determina- tion on the site plan had to be made by the Planning Board by January 29, 1989 and the Zoning Board of Appeals had to decide the special exception at the same time. To insure that compliance was had with these provisions, I wrote to both Boards, advising them of the time periods. Rather than complying with these time periods the Planning Board, on December 27 , 1988, adopted a resolution extending its time to file the FEIS until January 28, 1989 , and thereafter rather than complying with the extended filing date, the Planning Board, on January 23,, 1989 again extended its time to file the FEIS until February 27 , 1989 . For the reasons set forth in my letter of January 24, 1989 to the Planning Board, a copy of which I sent to you, it was unreasonable for the Board to extend the filing date to February 27 , 1989 , and accordingly the Planning Board was re- quired to vote on the site .plan, and the Board of Appeals to hear and vote on the special exception, by March 2, 1989 . To date, i RICHARD :T. HAEFELI. ATTORNEY'S COUNSELOR AT LAW . there has been no vote. on the site plan by the'- Planning Board, nor has there been any hearing scheduled by the Board of..Appeals. Even if the Planning Board was entitled to have the FEIS filed on February 6, 1989 , this only extended the time for the two Boards to act on the site plan and special exception from March 2, 1989 to March 11, 1989 and, as already stated, . no such .action has been taken. As to the Planning Board' s review of the site plan, Section 100 - 254G specifically states that if the Planning Board fails to act within 45 days, the site plan is deemed to be complete. There- fore, failing to act on the site plan within the prescribed peri- ods, the Planning Board must consider the plan filed in November of 1986 as being complete and cannot require the applicant at this time to file a new site plan. Irrespective of the time limitations .which were not met by the Planning Board, there was no basis for the Planning Board's con- sultant and the Planning Board to determine that the number of units should be reduced. During the entire one and one-half years of the SEQRA process, which included scoping sessions with the. Planning Board's consultant and a request by the Planning Board' s consultant for a supplement, there never was a request to 'submit information as to the impact that the size of_ -the units would have or for a consideration of units having 450 square feet. The absence of such information in the FEIS precludes the Planning Board' s consultant from concluding that units of 450 square feet would be adequate for a motel. While 450 square feet may be ade quate for a transient motel, the applicant proposes to construct a resort motel, where the size of the units are larger than 450 square feet. The applicant proposes units of 650 to 850 square feet, and not as erroneously stated by the Planning Board' s consultant, units of 1, 000 square feet and larger. Units of 250+/- square feet larger than proposed by the Planning Board' s consultant are reasonable for a resort motel, and it was unreasonable to recommend or request the applicant to reduce the number by 25%, to 58. The applicant has been attempting to develop this property since 1984, when it submitted an application for residential condomini- ums on the property. After that application was submitted, the RICHARD T. HAEFELI ,.:. ATTORNEY & COUNSELOR AT LAW Town Board, at the recommendation of the Planning Board, changed the density requirements and reduced the density by one-half. As a result of that action by the Town, the applicant filed an Article. 78 proceeding, which action. is still pending . For the Planning Board to require, the applicant to- reduce its density again, this time by 25%, is unreasonable. While the applicant is willing to comply with reasonable condi- tions, I believe that the density reduction, buffer requirement and the reduction of units to one story, are unreasonable. I would hope that a reasonable resolution of ,this matter can be worked out. Very truly yours, Richard T. Haefeli RTH:jl cc: Southold Planning Board Southold Zoning Board of Appeals RICHARD T. HAEFELI � ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET '_- P.O. BOX 1112 rV;i'll��'y:`yltlf 4)1`1_19 WESTHAMPTON BEACH, NEW YORK 11978 518-288-5455 February 27 , 1989 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Orlowski: I have received a copy of the Planning Board' s (Board) reso- lution which adopted the Final Environmental Impact Statement (FEIS) on February 6, 1989 . This resolution was adopted subse- quent to time the Board could act and therefore is null and void. The failure of the Board to act within the time limits provided for in SEQRA requires the Board to consider the DEIS as the FEIS. Not only has the Board failed to act in a timely matter, its proposed findings are inconsistent with the DEIS, have no factual basis, are contrary to its own studies, and are an attempt by the Board to avoid, circumvent and ignore the provisions of the Zoning Code and to arbitrarily impose its own requirements on this application. The FEIS, without any basis, concludes that a reduction in the number and size of units would mitigate the traffic hazard created by the limited site distance. The addendum to the DEIS, using the Transportion and Traffic Handbook, shows that the site distances of the proposed entrance to the project substantially exceeded the recommended minimum. To the extent that there is any concern as to site distance, the DEIS proposes to prohibit a left turn onto County Route 48, which more than adequately mitigates the concern. The FEIS further ignores the traffic information supplied with the addendum to the DEIS. Of the 29 accident reports, filed and included in the addendum, for the area from 1983 , three con- 1 RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW cern the intersection of Chapel Lane and Route 48, involving more than one vehicle, and one accident did not involve another vehi- cle. A review of these accident reports clearly establishes that none were the result of site distance from the applicant' s prop- erty west to Chapel, rather all three accidents were the result of negligent operation of a vehicle at the intersection. There were four other accidents between the applicant' s property and Chapel Lane. One was caused by the vehicle going out of control, one was caused by an individual charged with driving while intoxicated, one was caused by a high speed vehicle losing control and hitting a vehicle in the driveway at the San Simeon Nursing Home, and the last accident occurred as a result of a car stopped on Route 48 in front of the nursing home, prior to the area being designated no parking . Of the two accidents occurring at the area of the site, the cause of one has been eliminated as a result of the parking ban and as to the other, it was caused by a vehicle heading east, therefore having a site distance of 840 feet, which was being neg - ligently operated at a high speed and which hit another vehicle which was off the road and in San Simeon' s driveway. It is obvi- ous that the applicant' s proposal would not in any way have con- tributed to either accident. The remaining accidents included in the DEIS were either too remote from the site or involved acci- dents with animals. Based upon a careful review of the accident reports, it is clear that they support the DEIS finding that site distance is adequate and there is no basis to find that there are site dis - tance problems with the applicant' s property or that the appli- cant' s proposal will cause traffic problems at the intersection of Route 48 and Chapel Lane. While the FEIS states that the reduction in the number of units will reduce the traffic impact, there is no support in the FEIS or DEIS to support this conclusion. In fact, , the FEIS itself contradicts this conclusion when it finds that 74 units of a reduced size is acceptable. The FEIS visual impact findings as to vegetation buffer , building height, number of units and non disturbance area are not supported, by any factual data and are in contravence of the zoning code provision. In concluding that the adoption of these findings would bring the proposal more in conformance with the area ignores the fact that the area is now and has under the prior code been zoned for motel use and the predominant land use of the surrounding properties is either motel use or residential 2 RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW condominium use, located in structures of either one or two stories. The Zoning Code has provisions regarding buffering, and the proposals contained in the FEIS are in violation and in excess of these provisions both as to area and size of the plantings . The Code also provides for the limitation on height of buildings and number of units . In finding that one of the buildings should be one story and that the number of units should be reduced imposes restrictions in excess of the Code provisions. As to the non disturbance area between the road on the site and between the site and the bluffs, there is no provision in the code which permits such an area, and to impose it during the course of construction could prevent the applicant from constructing the units since a minimum area around all of the improvements will be disturbed during the course of construction. The FEIS again makes conclusions without any factual support when it states that a reduction in the number of units if the size remains the same or a reduction in size of the units if the number remains the same will significantly reduce water use. Considering the fact that public water is being supplied and the difference in size is approximately 500 square feet, there is no basis for such a conclusion. Nor is there any basis for concluding that 450 square feet is reasonable for a resort motel. The findings in the FEIS as to (a) a 30 foot buffer; (b) a reduction to 58 units or a reduction in the size of the units to 75; (c) a reduction in the size of the buildings are contrary to the findings in the DEIS, the recently adopted Master Plan and recent changes to the Zoning Code. The revisions to the current Code, which permit the number of units and size proposed by the applicant, were reviewed by this Board, were the subject of a generic EIS, were recommended by this Board to the Town Board, and were recently adopted by the Town Board after public hearings. If this use, and specifically the applicant' s proposal, have such an adverse effect on the environment, why were the current zoning provisions adopted? This application in its current form has been before this. Board since March of 1986 , and at no time during the review process of this application and of the revisions to the Master Plan and Zoning Code were there any recommendations that the number of units be reduced as to number and/or size. It was only 3 RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW a in the FEIS, delivered to you' on February 6, 1989 , that it was suggested that the number of units be reduced to 58. The implementation of the recommendation set forth in the FEIS will be tantamount to the Board changing the Zoning Code as to size and number of units, building height and buffering . This Board cannot, under the guise of SEQRA, ignore and avoid the re- quirements of the Zoning Code and impost its own requirements upon this application. This Board must understand that it has no independent author- ity or power either through the SEQRA process or through the site plan review process, to adopt requirements not found in the Zoning Code or impose requirements in excess of those set forth in the Code. The applicant's property has been zoned for motel use since the adoption of zoning in 1957 , and the size and density have been the same up to and including the most recent zoning changes . To ignore this fact and impose a density that is approximately one- fourth less than permitted is arbitrary and unreasonable. Very truly yours, "Richard T. Haefeli RTH:jl 4 s 1'" -� � � ✓'.__.„ � �off/ 4 _FT- ",ttmhrr oaf Tommur c ` February 18 , 1989 Southold Town Board of Appeals Main Road Southold , N .Y . 11971 Rea, Tidemark Resort at Greenport Dear Chairman Goehringer , and Members of the Board of Appeals : We would like to go on record as requesting your granting of a special exception for Motel Use of the RR zoned property called Tidemark Resort . As you may know resort accommodations are in desperate short supply . This would be the first new resort in Southold since the 60 ' s . The Greenport=Southold Chamber of Commerce has been on record since 1980 as recognizing this -problem and working towards its solution . Gentlemen with your foresight and help perhaps we can start to alleviate this critical shortage of resort accommodations in Southold Town . Thank you for your action in this matter . For th Boarder �of Dir tors eorge W . Wetmore lst Vice President Greenport-Southold Chamber GWW : em of Commerce BOX 66 GREENPORT,NEW YORK 11944 z � 1 - ^! �m•' S, VE!?� Sa� Town Hall. 53095 Main Road . ::,.� P.O. BOX 1179 Southold. New York 1 1971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 7, 1989 Richard T. Haefeli P.O. Box 1112 Westhampton Beach, NY 11978 RE: Cliffside/Tidemark SCTM 41000-45-1-1 Dear Mr. Haefeli: The following action was taken by the Southold Town Planning Board on Monday, February 6, 1989. RESOLVED that the Southold Town Planning Board accept the Final Environmental Impact Statement for this site plan. The comment period on this document will run from February 6, 1989 to February 27, 1989. If you have any questions, please do not hesitate to contact this office. Ver my yours, y� BENNETfi"' ORLOWSRI':; CHAIRMAN cc: David Emilita Suffolk County Department of Health Services Suffolk County Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Henry Raynor jt Town Hall, 53095 Main Road P.O. Box 1179 Southold.New York 11971 3 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 7, 1989 Richard T. Haefeli P.O. Box 1112 Westhampton Beach, NY 11978 RE: Cliffside/Tidemark SCTM 41000-45-1-1 Dear Mr. Haefeli: The following action was taken by the Southold Town Planning Board on Monday, February 6, 1989. RESOLVED that the Southold Town Planning Board accept the Final Environmental Impact Statement for this site plan. The comment period on this document will run from February 6, 1989 to February 27, 1989. If you have any questions, please do not hesitate to contact this office. Ver my yours, SENNETT MLOWSKT.;JR. CHAIRMAN '' cc: David Emilita Suffolk County Department of Health Services Suffolk County Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Henry Raynor jt a. y . d, T - , r a • I,o s J 08 a ;a . . ti/bW pd 1 l tf Anlaad oNd -7 of o d i + A •Y L ay - a cn OH OH j Hla N 1 o - 08 I c COS � v[ ; Lo JAMES A.SCHONDEBARE Ln Town Hall, 53095 Main Road TOWN ATTORNEY • P.O. Box 1 179 ROBERT H.BERNTSSON ,� � Southold, New York 11971 TELEPHONE ASSISTANT TOWN ATTORNEY (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Chairman of ZBA From: James A. Schondebare, Town Attorney Date: December 27, 1988 /�� Re: Tide Mark Jerry: Please review the letter from Haefeli. Please call me to discuss it. I spoke to the Planning Board. Thank you. JAS:kjp I'P Vd /4 { j� .n I �� L ♦ � L.:..-'L C.- . 1. _..i ✓�! �=^''�• lam.t'j',. l� / I. � .L�.x,,,.� `!i'�_ (p .. / f* ,'� . , �{ v ..l do `d•Y _ ,�� f Y RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516 288-5455 December 12, 1988 James A. Schondebare, Esq. P.O. Box 1018 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Schondebare: A public hearing on the supplemental Draft Environmental Impact Statement was held on November 14, 1988, and the Planning Board on December 5, 1988 adopted a resolution requesting that Mr. Emilita prepare the Final Environmental Impact Statement. I have sent a letter to Mr. Orlowski and to Mr.Goehringer regarding the time frame for rendering their decisions in this matter. Copies of these letters are enclosed for your review. Up until now, the Board of Appeals has not held a hearing on the special exception even though, in my opinion, that hearing should have been held prior to this date, although the decision could not be rendered until the SEQRA process had been completed. As I pointed out to Mr. Orlowski, pursuant to Section 617 .8 (e) , the Final Environmental Impact Statement has to be filed by December 29, 1988, and pursuant to Section 617 .9 (b) , the determinations on the site plan and special exception have to be rendered within 30 days thereafter, or January 29, 1989 . This process, I believe is clearly set forth by the Appellate Division in the case of Sun Beach Real Estate v. Anderson, 469 N.Y.S. 2d 964, which states that the review under SEQRA is to be concurrent with all other municipal reviews which, in this case is the review i RICHARD T. HAEFELI ATTORNEY S. COUNSELOR AT LAW by the Planning Board of the site plan and the Board of Appeals of the special exception. Accordingly, I believe at this time the Board of Appeals has to schedule the special exception in this matter, and I would ask that you discuss this with the Chairman so that there will be no further delays in scheduling same. Very truly yours, Richard T. Haefe i " RTH:j 1 RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516-288.5455 December 12, 1988 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Orlowski: I am in receipt of a copy of your resolution dated December 5, 1988 , wherein you requested Mr. Emilita to prepare the Final Environmental Impact Statement. To insure that this is completed within the times provided in the rules, I would like to point out to you that pursuant to Rule 617 . 8 (e) , the Final Environmental Impact Statement is to be filed within 45 days after the close of the hearing . The hearing took place on November 14 , 1988, therefore the Final Environmental Impact Statement is to be filed by December 29, 1988. Pursuant to Rule 617 . 9 (a) , prior to you rendering a decision on the site plan, you must give the public at least 10 days notice to review the Final Environmental Impact Statement from the date it was filed and pursuant to subdivision (b) thereof, you must render your decision on the site plan .within 30 days after the filing of the Final Environmental Impact Statement, or by January 29, 1989 . The requirement of rendering a decision by January 29, 1989 also applies to the Board of Appeals, and I would ask that you advise said Board that it can hold its hearing at this time. Very truly yours, RTH:jl Richard T. Haefeli RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW I84 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 516-288-5455 December 12, 1988 Mr. Gerard P. Goehringer Chairman Southold Town Board of Zoning °Appeals Town Hall Main Road Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Goehringer: I enclose herewith a copy of 'a letter I have sent to Mr. Orlowski, which I believe is self-explanatory. Pursuant to the rule, the decision by your Board on the special exception has to be made by January 29, 1989 . In order for this '•%- to be done, I would ask that you place this matter on your calendar so that the hearing can be held. Very truly yours, Richard T. Haefeli/ RTH:jl Enclosure I `I� RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW DEG f 184 MAIN STREET P.O. BOX 1112 1 WESTHAMPTON BEACH, NEW YORK 11978 SOUTI-IOLD WWII BLAU 516 -288-5455 December 12, 1988 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Orlowski: I am in receipt of a copy of your resolution dated December 5 , 1988 , wherein you requested Mr . Emilita' to prepare the Final Environmental Impact Statement. To insure that this is completed within the times provided in the rules, I would like to point out to you that pursuant to Rule 617 . 8 (e) , the Final Environmental Impact Statement is to be filed within 45 days after the close of the hearing . The hearing took place on November 14 , 1988, therefore the Final Environmental Impact Statement is to be filed by December 29, 1988 . Pursuant to Rule 617 . 9 (a) , prior to you rendering a decision on the site plan, you must give the public at least 10 days notice to review the Final Environmental Impact Statement• from the date it raaS f-iled .and. p,.irsuan.t to subdtvi s_ion. . (b) the,.reof ,, yo,a. mu.st rent9-Ar your decision on the site plan within 30 days after the filing of the Final Environmental Impact Statement, or by January 29 , 1989 . The requirement of rendering a decision by January 29 , 1989 also applies to the Board of Appeals, and I would ask that you advise said Board that it can hold its hearing at this time. Very truly yours, Richard T. Haefeli RTH:jl Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 8, 1988 David Emilita SAI Jamestown, Rhode Island 02835 RE: Cliffside/Tidemark Water and Sewer Contracts SCTM4 1000-45-1-1 Dear Dave, Enclosed please find confirmation from H. B. Sherman that water and sewer contracts between the Village of Greenport and Tidemark are valid and in effect. Very truly hours, .j BENNETT ORLOWSKI , JR. CHAIRMAN 00 UTILITY OFFICE TEL. Yillaye �• (516)477-1748 ogreenport AIAYOR GEORGE W.HUBBARD INCORPORATED I93e POWER PLANT TEL. NEW INCORPORATION APRIL T.,sa. (516)477-0172 TRUSTEES RE-INCORPORATION UNDER GENERAL LAW MAY se, IG94 STEPHEN L.CLARKE - JEANNE M.000PER (yam DA CORWIN IL S. ORTON _ r• `a GAIL F.HORTON t-4 C; 1 S L A N �<'•99 ! I� 9 lJ 1� jl ;r� �' SUPT.OF UTILITIES 9t U JAMES 1.MONSELL 236 THIRD STREET i P.O.BOX AH GREENPORT,SUFFOLK COUNTY SIiUT„C i i�rYd NEW YORK 11944 ALAPlNl�JG BCHR7 s December 5, 1988 Mr. Bennett Orlowski , Jr. Southold Town Planning Board Southold Town Hall Main Road Southold, N. Y. 11971 Re: Cliffside/Tidemark Water & Sewer Contracts SCTM #1000-45-1-1 i Dear Mr. Orlowski ; This will confirm that water and sewer contracts between 1 the Village of Greenport and Tidemark are valid and in effect. If I can be of further assistance, please contact me. Very truly .yours, H. B .Iherman Ass't Sutp. of Public Utilities i HBS: l km cc: George Hubbard, Mayor } Village Trustees Utility Committee 100 Years of Community Service t i SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS December 19, 1988 Mr. Bennett Orlowski,Jr. ,Chairman SOUTHOLDTONlN PLANNING BOARD Southold Town Planning Board Town Hall 53095 Main Road Southold, NY 11971 Re: Tidemark FEIS Dear Mr. Orlowski : Pursuant to Section 617. 8 (e) (2) (i) of 6 NYCRR Part 617 of the State Environmental Quality Review Act, we request a 30 day extension for the preparation of the FEIS for the above mentioned proposal. Thank you for your consideration in this matter. Sincerely, , SZEPATOWSKI ASSOCIATES, INC. David J.S. Emilita, AICP Principal Planner dms 23 Uarragansetr Ave. Jamestown, R1 02835 (401) 423-0430 �V�J SA Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 t � TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 17, 19888 Huron Sherman Greenport Public Utilities 236 Third Street P.O. Box A.H. Greenport, New York 11944 RE: Cliffside/Tidemark Water and Sewer Contracts SCTM# 1000-45-1-1 Dear Mr. Sherman, The Planning Board would appreciate a response as to the validity of the enclosed copy of the water and sewer contracts for the above mentioned proposal in light of the moratorium on sewer and water hookups. Thank you in advance for your assistance. -fiery truly Yu:ks,/,.,,/ BENNETT ORLOWSKI, JR. CHAIRMAN cc: John Munzel, Esq. David Emilita ..,Gerard Goehringher, ZBA F D � Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1 1971 �d ..b u' TELEPHONE (516)765-1938 I PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 1, 1988 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Cliffside DEIS 41000-45-1-1 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, October 31, 1988. RESOLVED that Southold Town Planning Board set Monday, November 14, 1988 at 8 :00 p.m. for a public hearing on the Draft Environmental Impact Statement. If you have any questions, please do not hesitate to contact this office. Very-;,aruly yours,. p 0 BENNETT ORLOWSKI,JR. CHAIRMAN`" cc: David Emilita Suffolk County Department of Health Services Suffolk county Planning Commission + NYS Department of Environmental Conservation Thomas C. Jorling, DEC `Commissioner Town Board , Judith Terry, Town Clerk Building Department Board of Appeals - Board of Trustees Applicant Planning Board r Em 4 77 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ,. w TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. I GBERT j. OUG6ASJ JOSEPH H. SAWICKI James Dinizio, Jr. TO: Southold Town Planning Board as Lead Agency FROM: Southold Town Board of Appeals as Involved Agency DATE: October 14, 1988 SUBJECT: Tide Mark - Addendum to DEIS of 9/20/88 In reviewing the Addendum to Draft Environmental Impact Statement prepared by Henderson and Bodwell, Consulting Engineers, dated September 1988, the following conditions should be incorporated by the Planning Board, as lead agency, as a minimum: 1. Completion of Project #5145 "Improvements to Middle Road, C.R. 48" , for construction and widening, which is a part of the mitigation proposals of developer-owner; 2. Left-turning lane within C.R. 48 as recommended by the authorities prior to completion of Project *5145, which is a part of the mitigation proposals of developer-owner; 3 . Restriction for "no left-hand turn" from these premises (right-hand turn permitted only, including placement of sign(s) , which is a part of the mitigation proposals of developer-owner; 4. Restriction or prohibition of disturbance to existing brush and vegetation within 100 feet of the top of the bluff (as proposed by developer-owner) ; 5. Restriction as to minimal disturbance or for added screening within 40-50 feet of the front property line as a buffer, with the exception of egress and ingress as required by the authorities. 6. Consideration by authorities of installation of blinking lights, one 100+- feet west of Chapel Lane intersection, and the other at least 100 feet east of the subject premises, and warnings to reduce speed to 30-35 miles per hour. V t �Iig-toard Page 14 2/8/88 Strang: Is it safe to assume that the Board, if Mr. Lessard is satisfied and certified, that it will be on the next agenda for the Board? Mr. Orlowski: Yes. O.K. All those in favor? RESOLVED that the Southold Town Planning Board send a copy of the letter from Garrett. Strang .in' regard to Rose and Richard Sahm to the. Building Department for their review. Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlows^ is I know you ve nothing left on your agenda's. I have the thing that keeps poppin up on my dg-enda every meeting and that's. Tartan Oil and the lights in Peconic. I/en , or e're .going around with some type -of game ere. We have an operation running wiroved site plan. I don't know, somebody is either hard of hearing on the othust doesn't care. Does the Board have anything to say about this? Mr. Ward: the ast meeting was what they did do in terms of changing the lights di maeamnor impr ement but not substancial enough for us to grant approval to the s t up as it is. I know the rest of the members will take a look at it. Mr. Latham: It's better but its not enough. Mr. Mullen: I have a copy of the vary's minutes and notes. They are completely in violation of the oringinal approval. They are. oporating as a convinience store. We have letters to the affect that they are only going to have certain products on the premises and they have exceed that grossly. It is a super, super 7/11. In there minutes and I have them quoted. "This will not be like a Hess or 7/11". It is equal to if not superior. I visited the premises a half a dozen months ago and they have everthing from ladies stockings to charcoal. Now there advertising Hot dogs and sandwichs. Mr. Orlowski: O.K. we will send those comments to Mr. Lessard. Mr. Ward: I think they also need to take care of the miscealanous signs that don't belong. Mr. Mullen: I will supply Melisa with the backup on that so she dosen't have to research it again. Mr. *Ward: I think that we also should encourage in theletter that also the fact that they have done one thing that is helpful, that is when its closed they have been turning the lights off. I think that we should acknowlege that we appreciate that affect that there doing because it does make the place dark. Mr. Orlowski:, Alright, we will send the comments over. I have nothing left on the agenda I would like to introduce Jill Thorp, our new secretary. She has joined on. If there are no further questions I'll entertain the motion. Mr. Ward: Seconded. Mrs. Wacker: I would like to ask for an extention for the Tidemark Motel. Some information as come to our attention which we would think would be someTntere'st to,you We haven't the details of it. We won't get them til about Thursday which .is the dead line. So we wondered if we might have an extension of a few days or a week. d Page 15 2/8/88 Scopaz: When you called we checked with the town attorney to find out what the Planning Board could do. Evedently, the Planning Board does not have the discretion of expending a public comment period. One, It has set that public comment period at a public meeting and stated for the record that the period would be for a certain period of time. What you can do at this point is give some guide lines or indications to the Board or in your letter you submit on Thursday til 5 O'clock. You can give some indication as to what your concerns are so that the Board can consider them even though you might no have the details you wish to present to the Board. Mrs. Wacker: By that time we may very well have it. Mr. Orlowski: All those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mrs. Oliva: Do they have site plan approval at Southold Squares? The 11 stores on the North Road. Mr. Orlowski: Yes. Mr. Ward: They don't have excepteance. Mrs Oliva: You mean those lights are just as bad as the lights at the Mobile station? Mr. Ward: Yes, they are. Mrs. Oliva: In fact, the one night it was raining so bad, it was such a dark night, it really blinded you as to see the road. Mr. Orlowski: We have noted that problem and its going to be in one of our inspections. Everybody is complaining about it and we will have to change that lighting. It is offensive and it's not on site which its suppose to be. We have a letter to go out to the applicants. Being no further business to come before the Board, on a motion made by Mr. Latham, seconded by Mr. Edwards, and carried, the meeting was adjourned at 8:50 p.m. Respectfully submitted, ill M. Thorp, S=4 Southold Town Planning Board Bermett Orlowski,Jr. , Chairman ° HOLD CHAMBER �, 7 �7 if � u / -SO P. O. BOX 66 OF c Qp�l GREENPORT, NEW YORK 11944 •�/� Zeoeq ldtorad d Pectevr agae eaw' maodtdej. a� Orient East Marion Greenport - Southold Peconic July 25, 1988 Southold Town Board Southold Town Hall 53095 Main Road Southold, New York 11971 Dear Board Members: The Board of Directors of the Greenport-Southold .Chamber of Commerce would like to know what is holding up the approval of the Tidemark Resort Motel application. It has been in front of the various town agencies for five (5) years. This area is in desperate need of a nice resort motel out here. There has not been a new one in thirty (30) years. We can' t understand why it is being dragged out and beat down. We feel that there should be a more positive attitude from people within town agencies who are misinformed about the need for this project. The Chamber of Commerce would like to see this project move forward as quickly as possible due to the desperate need for additional motel space in the Town of Southold. Very truly yours, ed-we 62,� Richard C. Wilton, President Greenport-Southold Chamber of Commerce', On Behalf of the Board of Directors cc: Building Department Appeals Board ►/ Planning Board Town Planner ur ♦6 1 rho �� ' X Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H.SAWICKI TO Southold Town Planning Board as Lead Agency FROM: Southold Town Board of Appeals as Involved Agency DATE: July 15, 1988 SUBJECT: Tide Mark (Cliffside Associates) Addendum to DEIS Received June 15, 1988 In reviewing the Addendum to Draft Environmental Impact Statement prepared by Henderson and Bodwell, Consulting Engineers, dated June 1988 , it is the position of this Board that same not be accepted due to deficiencies in the following areas: I. TRAFFIC (Pp. 2-5 inclusive) : A. Written evaluations and original official reports of current periods should be requested to confirm accuracies or inaccuracies of information furnished (i.e. the Suffolk County Department of Public Works, N.Y.S. Department of Transportation and/or Transporta- tion Research Board, Southold Town Police Department, etc. ) particularly due to the lack of supporting traffic reports by these agencies. B. An assessment should be made on poor-weather traffic conditions and the degrees .of safety and hazard. It appears that the statements furnished are based solely on good weather conditions and dry roads. C. No information was furnished as to the accidents within 1000 feet of the site along C.R. 48. {Only Chapel Lane accident information was furnished. } D. Accident reports should be furnished for a five-year period or more {instead of a 12-month period} . Memorandum - July 15, .1988 _ To: Southold-Town- Planning Board '• . Re: Tide Mark (Cl ff8ide :Associates) `- Addendum to .DEIS Received June 15 1988 : E. Information should be furnished based upon current year, (or within the prior year if current year is not avail- able) {instead of 19851 , together with supporting documentation from the agencies contacted (as referenced in the DEIS Addendum) . F. Evaluation and assessment as to effects of Project #5145 "Improvements to Middle Road, CR 48" for construction and resurfacing- to a uniform pavement width of 46 feet (which is planned for approximately five miles and extending. along the front of this property. II. CONSTRUCTION STAGING SCHEDULE (Pp. 10-11) . A. Additional erosion control measures referenced are not described -in detail. III. DRAINAGE AND SITE CHANGES . IN GENERAL A., No information .has been furnished as.-to- the methods of erosion control to be taken along and near the bluff areas. An evaluation and assessment is .recommended by the Suffolk County Soil and Water Conservation District, Riverhead, New York, following receipt of the applicant's.-proposed -erosion-control 'plan. B: Plans depicting -"before grade change" elevations as exist, to supplement "after grade change" elevations, including visual- trees.---,and,- vegetation on site .to remain and to -be removed. _. SOUTHOLD TOWN BOARD OF APPEALS GERARD P GOEHRINGER., CHAIRMAN lk Town Hall, 53095 Mai: P.O. Box 1179 Southold, New York JUDITH T.TERRY 1 �' TOWN CLERKTELEPHONE RecrsrRnR of vrrnL Srnnsncs (516)765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY TH SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 28, 1988: RESOLVED that the Town Board of the Town of Southold hereby requests . the Suffolk County Legislature to place both of the following Southold Town projects in the Suffolk County Capital Budget for 1988: 4 - Project number 5145 - "Improvements to Middle Road - CR 48 - Southold" i provides for the reconstruction of shoulders and resurfacing with asphalt concrete to a uniform pavement width of 46 feet for approximately five miles along CR 48, from Hortons Lane in Southold to Main Street in Greenport, and installation of positive. drainage with discharge into recharge basins. Construction of recharge basins will require acquisition of 2. 5 acres of land. All other work will be performed within the existing right-of-way: Project number 517� - "CR 48, Middle Road - Drainage Improvements in the vicinity of Hashamomuck Pond, Southold" calls for the replacement of a drainage culvert under CR 48 at Hashamomuck Pond, with an overflow weir structure. Highway runoff now discharges directly into the pond, contributir to the.:.pollution of this popular shellfishing ground. Acquisition of approx- imately 2.5 acres for new recharge basins is included in the project, as well as the installation of positive drainage, pavement patching and associated highway improvements. Judith T. Terry Southold Town Clem June 30, 1988 A� RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 -41/7loPr(p WESTHAMPTON BEACH, NEW YORK 11978 516 288-5455 p'rUJS* ie �,f`` Fq I. tl hT J�^ April 4, 1988 - Mr. Gerard P. Goehringer Chairman Southold -Town Board of Zoning Appeals Town Hall Main Road Southold, New York 11971 Re : Application of Cliffside Associates (Tide Mark) Dear Mr. Goehringer : I am -enclosing a copy of a letter- which I- have. just- sent to the Planning Board with respect to the Environmental Impact Statement. As you can see, the period within which- the Planning Board could act and file the Final Environmental: Impact Statement has expired,- and the Planning Board must accept the Draft Environmental -Impact Statement filed by- the applicant as the Final Environmental Impact Statement and filed as of March 28, 1988. Under the circumstances-, s-ince the- SEQUA process- has now been completed, there- is no reason- why your Board -cannot undertake to- place this matter -on its calendar- so that a special exception can be considered as soon as possible. Very truly yours, Richard T. Haefeli RTH:jl RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW" 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH,.NEW YORK 11978 516-288-5455 April 4, 19,88 eihol Mr. Bennett Orlowski Chairman Southold Town Planning Board , Town Hall Main Road Southold, New York 11971 Re: Application of Cliffside Associates (Tide Mark) Dear Mr. Orlowski : It is my understanding.-that your Board has not yet taken action on . the Draft Environmental Impact Statement previously filed and which was the subject of a public hearing on January 25,, 1988. Pursuant to Section 617. 8, N.Y.R.R. , the Final Environmental Impact Statement had -to-be prepared and filed within 45 days of the close of the hearing. You had requested an additional 15 day period for public comment and also .an additional 15 days within which to prepare and file the final Environmental Impact Statement. I wrote -to you on February 18, 1988 , agreeing to a 15 day . extension for both, which period was to run from February 11, 1988. . I note -in a"-letter- to "Mr.- Henry Raynor dated March 8, 1988,. that your Board extended-the- comment- period from February 26th to March "12th, " which was an additional 15 -day period, but the time to prepare and file the Final Environmental Impact Statement was not extended. Even though the public comment period had been extended, there has been no further extension 'agreed-to either by the applicant . or otherwise as to your Board' s preparing..and filing the Final RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 1 Environmental Impact Statement, and accordingly the period for : you to prepare and file the Final Environment.al. Impact Statement expired on Marche28 , 1988. Since the period has expired, the Draft Environmental Impact Statement prepared has to be considered the Final Environmental Impact Statement, and 'said statement must be considered filed as of March 28, 1988. Further, pursuant to the. provisions of Section 617.9, -N.Y.R.R. , your Board has to make a determination on the site plan .within 30 days of March 28 , 1988. ` While my client has always cooperated with your Board as far as granting extensions of time for your Board, to consider the .plan, in view of the number of- requests that have been made in the past and the number of times .extensions have- been requested =by your_ Board, no further extensions will be granted by my client, and - I, Would ask that your Board take action on the site plan within the period prescribed. , Very truly yours , Richard T. Haefeli RTH:j1 New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 (516) 751-7900 Thomas C. Jorling Commissioner February 24, 1988 Southold Town Planning Board Town Hall, 53095 Main Rd. , P. O.Box 1179 Southold, N. Y. 11971 Att: Valerie Scopaz for Bennett Orlowski, Jr. , Chairman Re: DEIS for Cliffside Associates a/k/a Tide Mark Dear Ms. Scopaz: Pursuant to our. discussion this date over the phone, this will serve as a formal request to have the comment period for the above project extended 15 days to March 12', 1988. As I mentioned, we received a copy of the DEIS on February 12th but needed additional copies to circulate to the different program units with "involvement" in the various concerns set forth in the determination of significance (positive j declaration) received here June 23, 1987. I contacted Henderson & Bodwell on February 16th for additional copies which didn't reach me until February 22nd. Obviously the February 26th deadline would be impossible to meet since the circulation was sent on this date. In anticipation of your favorable reply, I remain Very truly yours, Joseph B. Hall Environmental Analyst JBH:rw cc: SEQR file SEQR/ENVIRONMENTAL IMPACT STATEMENT PROCESS Part I prepared by applicant; 1. EAF Preparation Part II and III prepared by community. EAF mailed to all "involved"agencies, with 30 days to 2. Lead Agency Determination decide on Lead Agency. 3. Determination Required for EIS Preparation Lead Agency determines whether or not EIS is required, within 20 days of date of Lead Agency determination. Lead Agency notifies all involved agencies of its EIS 4. Notification determination. 5. Scoping' Optional Scoping Session held by Lead Agency DEIS is prepared and accepted by Lead Agency. Lead Agency has 30 days to review and additional 30 day 6. DEIS Preparation and Submission period (s)for revisions if DEIS is not complete in terms of scope, content and adequecy. Lead Agency files notification of completion with involved 7. Notification agencies and others. If a hearing is planned, notice should indicate date, place, etc. Minimum of 30 calendar days provided for comments on 8-Comment and Review Period DEIS (or 10 days after optional public hearing). Maximum comment period:70 days (hearing may be up to 60 days after DEIS filing plus maximum 10 days for public comment). 9. FEIS Preparation and Submission Final EIS prepared within 45 days of close of hearing or within 60 days of DEIS filing. Lead Agency files notification of FEIS completion 10. Notification (in same manner as DEIS). Minimum 10 days required prior to any action by 11. Comment Period Lead Agency. Maximum 30 days. RPPW Inc. EIS PUBLIC FINAL EIS FULL POSITIVE EIS AC COMMENT Prepared and TYPE I EAF DECLARATION I SUBMITTED cepted PERIOD I I Filed by FORMAL I 30 Day I SEOR I Lead SCOPING Minimum HEARING Agency r INFORM OPTION OPTION AGENCIES EIS Not Accepted AND —*t SELECT I LEAD AGENCY SHORT EAF NEGATIVE End Each UNLISTED (Full DECLARATION Review Agency EAF Process Makes I Optional) _ FINMINGS i I i I CONDITIONED NEGATIVE DECLARATION OPTION I INFORM CONDITIONED PUBLIC LEAD CONDITIONED UNLISTED End ACTION FULL AGENCIES NEGATIVE COMMENT AGENCY NEGATIVE Review EAF AND DECLARATION PERIOD DECLARATION End BY CONSIDERS Review Process APPLICANT. SELECT (For Review 30 Day COMMENTS (Becomes � Process LEAD AGENCY and Comment) Minimum Final) Is Ac!ion Subject to SEOR? TYPE II THE BASIC S EQ R PROCESS Implemented November 1, 1978 Revisions Effective June 1, 1987 End EXEMPT Reviewi Process _ EXCLUDE) New York State Department of Environmental Conservation v New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 Am (516) 751-7900 'AR 16 homas C. Jorling ommissioner March 11, 1988 Southold Town Planning Board Town Hall, 53095 Main Rd., P.O. Box 1179 Southold, N. Y. 11971 Attn: Valerie Scopaz for Bennett Orlowski, Jr., Chairman Re: DEIS for Cliffside Associates a/k/a Tide Mark Dear Ms. Scopaz: The Department offers the following comments on the above referenced project: Bureau of Marine Habitat Protection - The project as proposed lies beyond DEC jurisdiction with respect to Tidal Wetlands Act. Any work on or seaward of the bluff edge (such as stairs down to the beach) would require a permit. The 100' setback from the bluff edge is what we would have recommended to ensure it and the beach below remain un- disturbed. Also, to that end, any areas of lawn or other plantings should be limited to not closer than 20' to the edge and pitched so that runoff is directed away from the bluff. Water Supply Unit - Comments are extensive and so a copy is enclosed. Fish & Wildlife - As of this date no comments have been received from this unit so I shall assume they- have none. I hope these comments will be of use to your agency in its decision making process. Thank you for the opportunity to review this project. Very truly yours, Q Joseph B. Hall Environmental Analyst JBH:rw enclosure cc: JBH (SEQR File) C. T. Hamilton Robert Wither F. Panek 0�-0�- Q FRO :� eri � o-n 1YIo :Q �JEtS 711988 / u3 .��,e-��1Q (S�L2.W►ua I�TU.� .Q�•�t8�.� 1� Q3��A� �-c��vl A Selo �o.c�o 2-y :,l� 5&1 a-:& AZ- lace_Qreo aft"AZL t tM+t,��M Akd ° -kL A."+tMOA4,M- B. (' � a s "gOD l.Qzkz a.CkL Xv►owe aiv""afc MA. 4► � A :6X 4t°u�4 A&tAsn A.a. i2e". T u-1 Ely Ala M cf C36 ALM ` Irv► CL Pam°" WDIZ,4, Z EZ A-I P&aQ&le A-C&§"4 AZI Ae AL Nam.F&-Lk W-W _ 144 wa A"%AP deed f KCtr A AAP,& 0m h c -oww�urn caM. C. V e l�. o-fit s-3 aAAd a+ A-&; a4!k�.nVAaAA0 - ,eat-6e , . 3-4 &taMrL&Al , �- �- < < , owl pttC L�Y . ,u4U �,, gis. mt4 15 to 160 44,. Lt1UUl 1 Qe� M OM aAM U_q"14 Wjj_Lhk o ao Agtc J:4. * QAi►n¢ lrc�a � e a-t n�rr I-eww�, n mot "' one .eaiwno "'-fie No A AL AA A WaIZ4. &L-tv Jf,,e V4� cj,Qa av �� - a � met-.tee � �► .�.�.� .;� 6atL4)4 A,,1-2 tAjLou*Aj-S �5ttbD4ufjA&vn.delA* ayt4aMA - zv�lkm cm" AWIG90 a MUAA,,4 d+ Mt4Dt fAAa& V,��nreQ .,�,o„ ,w► uro�n� -c�Q.�-C�e, nns-, �.c7a.,C�t�a,Qo,n,,, .,Q,o�,�, J Cr-; i v. Southold Town Board of Appeals l� MAIN .ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO : Southold Town Planning Board FROM: Board of Appeals DATE :- February 11 , 1988 SUBJECT: C,liffside Associates/Tidemark Project Location : N/s C . R. 48 , Green.port CTM #1000-45-01 -1 & '2 (now 2 . 1 ) Based upon a review of the DEIS submitted to our office January 12 , 1988 , as a coordinating agency , please .let this letter confirm our position as briefly discussed at the SEQRA hearing on January 25 ., 1988 . , It is our- position that the data supplied has not been fully satisfied , particularly with reference to the "sight distance" and "traffic hazards " „in the .area of the proposed egress and egress . A study is necessary to determine the magnitude of the impact of this restricted sight distance , which can be a contributory factor in traffic accidents over the years along this highway area . The egress and 6gr. ess proposed- at this sit is "commercial , " that being defined as any driveway other than those serving one or two family residential dwellings- Factors must be considered which include the type of vehicles , approaching speeds , reaction time, intersectional geometry., pavement condition , approach control , sighting ,distance that is clear of obstructions for space-time-velocity of approaching vehicles . Following the, SEQRA hearing , our office.- was informed that the applicant would con,sid.er an alternative ...restri.cting any . and all left-hand exiting at the p'remise_s . from- the westerly egress , restricting entrances onto the site at .the east end., etc . Page 2 February 11 , 1988 Re : Cliffsi-de Associates SEQRA Re-view The overall purpose of 'the SEQRA review is not only for environ- mental studies but i � also for traffic studies , an-d of course before it is finalized . Enclosed are five photographs taken February 7 , 1988 by a professional photographer which shows the distance and need for an appropriate entrance/exit plan . BY T E SOUTHPL�D°�lV B. ARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN lk v <'r Southold Town Board ®f Appeals MAIN ROAD - STATE ROAD 25 S❑UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO : Southold Town Planning Board FROM : Board of Appeals DATE :* February 11 , 1988 SUBJECT: Cliffside Associates/Tidemark Project Location : N/s C . R. 48 , Greenport CTM #1000-45-01 -1 & '2 (now 2 . 1 ) Based upon a review of the DEIS submitted to our office January 12 , 1988 , as a coordinating agency , please let this letter confirm our position as briefly discussed .at the SEQRA hearing on January 25, 1988 .. It is our- position that the data supplied has not been fully satisfied , particularly with reference to the "sight distance" and "traffic hazards " .in the area of the proposed egress and egress . A study is necessary to determine the magnitude of the impact of this restricted sight distance , which can be a contributory factor intraffic accidents` over the years along this highway area . The egress and egress proposed- at this sight is "commercial , " that being defined as any driveway other than those serving one or two family residential dwe•llings_. Factors must be considered which include the type of vehicles , approaching speeds , reaction time, intersectional geometry , pavement condition , approach control , sighting distance that - is clear of obstructions for space-time-velocity of approaching vehicles . Following the SEQRA hearing , our office - was informed that the applicant would con.sid.er an alternative .restricting any . and _all left-hand exiting at the p'rem.iso.s . from- the westerly egress , restricting entrances 'onto the site at the east end , etc . Page 2 February 11 , 1988 Re : Cl i ffsi de Associates SEQRA Review The overall purpose of the SEQRA review -is not only for environ- mental studies but is also for traffic studies , an.d of course before it is finalized . Enclosed are five photographs taken February 7 , 1988 by a professional photographer which shows the distance and need for an appropriate entrance/exit plan . BY T E SOUTHgLp,. V BPARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN lk yLj" 4� I ........... �6 5 ,foothold I own Board of Anneals W ea MAIN ROAD - STATE ROAD '25 SOUTHOLD.,. L.I„ N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI February 6 , 1988 Mr. Michael Cortese Main Road Mattituck , NY 11952 Re : Cliffside Associates (Tidemark ) Dear Mike : Please let this confirm our request for your photo- graphic services concerning the premises on the North Side of C. R. 48 , Greenport , and directly, opposite the San Simeon Nursing Home . The site plan map indicates that the egress and ingress from the Cliffside Associates site is approxi - mately 155 west of its easterly property line , which is adjacent to the Sunset Motel premises . We would like recent photographs showing the problem existing , when you stand on both sides of the road , facing west , and of course in the opposite direction coming around the bend from the west . There is a terrible blind spot and the speed limit in this area has been 55 mph . Pictures from the egress/ingress points are important. Enclosed is a Town voucher for your signature when submitting your claim for payment. We would like , if possible , a duplicate set of pictures . In any event , we would like to have at least one set completed by February llth . Thank you so much for your assistance and time. Yours very truly , GERARD P . GOEHRINGER CHAIRMAN Enclosures By Linda Kowalski r SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS RECENED BY SA I MEMORANDUM .. TO: Southold Planning Board RE: DEIS for "Cliffside" Revised October 1987 DATE: January 14, 1988 SAI has received the abovecaptioned DEIS and the Improvement Plans dated 14 Oct 87 , and offers the following comments for the Board' s consideration. The DEIS has complied with all of our recommendations including those raised at the meeting of 3 Aug 87 (Memo Attached) except for the following areas: 1. Existing vegetation to remain should be clearly labelled on Sheet 2 of the. .Improvement Plans. 2. There is-- no rendering at the driveway to the site showing the proposed development as viewed from the roadway. Consequently we feel that the usual impact of the proposed construction is not adequately addressed in the DEIS. 3 . More detail in needed on the construction of the site. Pages, 4-2 and 3 are insufficient to adequately describe the impacts and mitigation measures proposed. For example "woods clearing" is mentioned as initial sitework. Disposal of the material is not addressed. Existing site vegetation to remain should be marked before site clearance. The DEIS is.- ambiguous on this point. It is not clear where top soil will be stockpiled, since there appears to be insufficient room along the tree line. The walkaway-- to the beach is not dealt with at all. It needs to be discussed since these walkaways can be erosion prone. _ The last- sentence of page 4-2 states, "If care is taken. . . " . What if care- is not taken? Does it mean a supposition, :.. - speculation or a wish? Or, is it meant as a condition; if so, what guarantee does the Town- have that- care will:' be taken? :23 Narragansett Ave::.JarrtesEown, RI'.0.2835 (401) 423-043Q,.,. .. ♦ - r 4. Page 4-4 of the DEIS mentions many types of erosion control measures but they are not shown on any plan.. A construction staging/erosion control plan is needed for this project. Page 4-4 states that reliance on perimeter vegetation will be made to reduce construction noise and dust. Exactly how so thin a stand of vegetation can do this is not demonstrated. This needs to be detailed and shown on the construction staging (erosion control plan) . Statements regarding "latest techniques and equipment" are vague. These need to be specified. In summary we feel that the DIES is deficient in' its assessment of visual impact and construction impact. $A L'id.' - ` ENVIRONMENTAL CONSULTANTS & PLANNERS S41 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS MEMORANDUM TO: Southold Planning Board FROM: David Emilita RE: DEIS Meeting August 3 , 1987, Cliffside Motel DATE: August 13, 1987 Present at Meeting David Emilita Dick Haefeli Henry Raynor Steve Sammis Doug Herrlin Agreed at Meeting 1. New bluff line set and will..show on- new submitted plans. 2. 100 ' setback set from the bluffline. a) 50 ' no disturbance buffer zone from bluffline b) 50 ' construction disturbance is ok within which: i) Yard.-and roof drains are ok ii) Landscape and erosion control plan needed 3 . Traffic study at- Route- 48. and Chapel. 4 . Full and equal ..treatment of alternatives. 5 . Rendering at driveway to the site -showing "aesthetically pl-easing motel. " 6 . Delineate existing vegetation to. remain. 7 . Construction ,staging plans to-b.e, submitted. _- 7A Narraa,�ncott AVP lame!town. RI 07A35,1400 423-0430`" ' cx��01,r A J `` ry Southold Town Board of Appeals f?90 MAIN ROAD - STATE "ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI INTER=DEPA.RTME.NT MEMORANDUM TO : Planning Board DATE : January 12 , 1988 SUBJECT: Tidemark (Cliffside Associates ) At your earliest convenience , please provide us with the most recent Environmental Impact Statement and other material to be considered for the January 25 , 1988 SEQRA Hearing-. Thank you . �j�� 't y RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX'1112 WESTHAMPTON BEACH, NEW YORK 11978 516-288-5455 December 30, 1987 Mr. Gerard P. Goehringer Chairman Southold Town Board of Zoning Appeals Town Hall Maim Road Southold, New York 11971 Re : Application of Cliffside Associates (Tide Mark) Dear Mr. Goehringer : Since the Draft Environmental Impact Statement filed with the Planning Board has, by law, been accepted by the Planning Board, I would ask that you place the above matter on your calendar for special exception consideration. As you are aware, once a -DEIS has been accepted, all applications pending are to be considered simultaneously with final consideration of the 'DEIS. In this case, since the Planning Board is now undertaking its final consideration of the DEIS• and Site Plan, the applicant 's special exception application can proceed to a hearing by your Board. I would appreciate your advising me as to the date that hearing is scheduled. 4 Very truly yours , i Zha a is e i RTH:jl V RICHARD T. HAEFELI ATTORNEY S COUNSELOR AT LAW 184 MAIN STREET P.O. BOX 1112 WESTHAMPTON BEACH, NEW YORK 11978 515-288-5455 December 30, 1987 Mr. Gerard P. Goehringer Chairman Southold Town Board of Zoning Appeals Town Hall Main Road Southold, New York 11971 Re : Application of Cliffside Associates (Tide Mark) Dear Mr. Goehringer : Since the Draft Environmental Impact- Statement filed with the Planning- Board - has, by law, .been accepted- by the Planning Board, I would ask that you place the above matter on your calendar for special exception consideration. As you are aware-, once a--DEIS has been accepted, all applications pending are to be considered simultaneously with final consideration of the DEIS. In this case, since the- Planning- Board is now undertaking its final - consideration-- of the- DEIS -and -Site Plan, the applicant' s special exception application can proceed to a hearing by your Board. I would appreciate your advising me as to the date that hearing is scheduled. Very truly yours, i r�. a i RTH:jl Memorandum from . . Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 8/5/87 To: All Z . B . A. Members From: L i-n d a Re : -Cliffside Associates/TideMark Attached is a Positive SEQRA Declaration taken by the Planning Board as Lead Agency ,on the__newly revised pro..ject for 76 motel units . This Declaration was prepared based on our previous Declaration on the multiple-dwelling project (1985±) . Upon receipt of the Draft Env . Impact Stmt. , the Planning Board will_ cordinate with us on Items 1 , 2 , 3 , 4 (6 ) . Please let me know if there are any additional concerns _after reviewing the new maps (in the Tidemark file_.) . t...� nda c V , N I,N YARD FIL E TDU.f.FQ,U, �'LD SLR-007 E �-'J :o. Ty Southold, N.Y. 11971 (516) 765-1938 June 15, 1987 NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT. Pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 of Title. 6 of the New York State Coees, the Southold Town Planning Board, as lead agency, does hereby determine that the action described below is Unlisted and is likely to have a significant effect on the environment. DESCRIPTION OF ACTION: This proposal is for 76 motel units located at County Route 48, Greenport, tax map. no . 1000-45-1-1. the proposal is to be known as Tide Mark, principals are "Cliffside Assoicates" . REASONS SUPPORTING THIS DETERMINATION 1. A complete traffic study is necessary to properly assess the impacts at Route 25 and Chapel Lane, - traffic safety and flow, and visibility of oncoming traffic from either a westerly direction or easterly direction within the "s-turns" along Route 25 (particularly at the highest speed permitted by -law in this area) . 2. A complete study is necessary as to the effects on the Long Island Sound due to soil erosion, alteration of surface drainage and water runoff caused by new construction, regrading and new roads. 3. A complete study is necessary as to the effects of the quality 'of drinking ground water, polution and the surrounding environment by this project. 6. There is concern with regard to the bluff and beach which must be protected during and after construction. It is hereby requested that the applicant and/or his agenct furnish our department as lead agency with a Draft Environment Impact Statement (DEIS) in accordance with the NYS Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Town- Code. -s i Further information may be obtained by contacting Diane M. Schultze, Secretary , Southold Town Planning Board, Town Hall, Main Road, Southold. - Copies mailed to the following: Henry Williams, DEC Commissioner NYS Deparment of Environmental Conservation - SUffolk CountyDepartment of Health Services Attn: Bob Jewell Suffolk County Planning Commission Henry E. Raynor, Agent -. Supervisor Francis J. Murphy Fait T z Southold ' Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 24 , 1987 Mr . Henry E . Raynor , Jr . P . O . Drawer A Jamesport , NY 11947 Re : Appl . No . 3542 - Tide Mark (Cliffside Associates ) Location of Property : N/s North Road , Greenport County Tax Map No . 1000-45- 1 -2 . 1 . (7 . 5± acres ) Dear Mr . Raynor : This letter will acknowledge receipt as requested of one photocopy of the Sheet Index of Improvement Plan con- taining the signature and stamp of the Health Department under Ref. #C10-87-010 (received July 13 , 1987 ) , pursuant to our request of August 11 , 1986 . As confirmed with you by telephone several times , upon finalization of, the SEQRA process , the Board will be in a position to calendar this application for a public hearing . Also confirmed was the fact that the Planning Board , as lead agency , has requested submission of the Draft Environmental Impact Statement with appropriate amendments for the new project (as amended for transient motel units ) , and to date , the DEIS has not been re-submitted and is therefore incomplete . Please continue to submit the required documentation through the Planning Board , as lead agency under this project . Yours very truly , GERARD P . GOEHRINGER lk CHAIRMAN cc : Planning Board Building Department T® `J'L� �O ZZ Q�ylJ IIIi�YY1II) SLTFIOL `COUZV'l'�' Southold, N.Y. 11971 (516) 765-1938 June 15 , 1987 NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT. Pursuant to the provisions of Article 8 of the Environmental Conservation Law, Part 617 , of Title 6 of the New York State Coees, the Southold Town Planning Board, as lead agency, does hereby determine that the action described below is Unlisted and is likely to have a significant effect on the environment. DESCRIPTION-OF ACTION: This proposal is for 76 motel units located at County Route 48, Greenport, tax map no . 1000-45-1-1. the proposal is to be known as Tide Park, principals are "Cliffside Assoicates" . REASONS SUPPORTING THIS DETERMINATION 1. A complete traffic study is necessary to properly assess the impacts at Route 25 . and Chapel Lane, traffic safety and flow, and visibility of oncoming traffic from either a westerly direction or easterly direction within the "s-turns" along Route 25 (particularly at the highest speed permitted by law in this area) . 2. A complete study is necessary as to the effects on the Long Island Sound due to soil erosion, alteration of surface drainage and water runoff caused by new construction, regrading and new roads. 3. A complete study is necessary as to the effects of the quality of drinking ground water, polution and the surrounding environment by this project. 6. There is concern with regard to the bluff and beach which must be protected during .and after construction. It is hereby requested that the applicant and/or his agenct furnish our department as lead agency with a Draft Environment Impact Statement (DEIS) in accordance with the NYS Department of Environmental Conservation Act, Article. 8 of the Environmental Conservation Law, and Section 44-4 of the Town Code. K _ contacting Diane M. Further inf ' ormation may be obtained by Town Schultze, Secretary , Southold Town Planning Board, Hall, Main Road, Southold. .. Copies mailed to the following: Henry Williams, DEC Commissioner NYS Deparment of Environmental Conservation Suffolk CountyDepartment of Health Services Attn: Bob Jewell Commission Suffolk County planing Henry E. Raynor, Agent Murphy Supervisor Francis J. P y . z Southold Town - Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 24 , 1987 Mr . Henry. E . Raynor , Jr . P . O .. Drawer A Jamesport , NY 11947 Re : Appl . No . 3542 - Tide Mark (Cliffside Associates ) Location of Property : N/s North Road , Greenport County Tax Map No . 1000-45- 1 -2 . 1 (7 . 5± acres ) Dear Mr . Raynor : This letter will acknowledge receipt as requested of one photocopy of the Sheet Index of Improvement Plan con- taining the signature and stamp of the-Health Department under Ref. #C10-87-010 (received July 13 , 1987 ) , pursuant to our request of . August 11 , 1986 . As confirmed with you by telephone several times , upon: finalization of the SEQRA process , the Board will be i.n a: position to calendar this application for a public hearing . Also confirmed was the fact that the Planning Board , 'as lead agency , has requested submission of the Draft Environmental Impact Statement with appropriate amendments for the new project (as amended for transient motel units ) , and to date , the DEIS has not been re-submitted and is therefore incomplete . Please continue to submit the required documentation through the Planning Board , as lead agency under this project. Yours very truly , GERARD P . GOEHRINGER lk CHAIRMAN cc : Planning Board Building Department IZS E5I rf E5 r t} Southold Town Board of'Anneals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. ' SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. November 27, 1989 Mr. Richard T. Haefeli 184 Main Street P.O. Box 1112 West Hampton Beach, NY 11978 Re: Appl. No. 3542 - Cliffside (Tidemark) (Variance) Dear Mr. Haefeli: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for' their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to Building Inspectors' Office Southold Town Planning Board Mr. Henry Raynor i _w, r' , Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN " CHARLES GRIGONIS,JR. .} SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) . Special Exception to the Zoning Ordinance,. Article V, Section 100-50B (Article XIII) , for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDE MARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of County Road 48, Town of Greenport, and is identified on the Suffolk County Tax Maps. as District 1000, Section Q45, Block -01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article V, Section 100-50B, (Article XIII) , for permission to construct 76 Motel Units. t Page 2 - Appl. 'No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered on November 2, 1989 3. At the time of this hearing on 9/21/89, by letter to the attorney for applicant, the Code sections were changed to indicate updated Section of present Code, Article VI, Section 100-61B( 4) , as corrected. (1) Article VI, 100-61B ( 4) , the nature of this present application is for a special exception for 68 motel units and one manager's unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. (2) Hotel or motel uses as set forth in and regulated by 100-61B( 4) of the Resort Residential (RR) District. ( 3) Definition of a Motel: Buildings or Building providing overnight accommodations for motorists (p.764, Language of Zoning, taken from New York Zoning and Practice, Third Edition, By Robert M. Anderson) . 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconf ormities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause substantial effect on the safety, health welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, its was J •.r Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDE MARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1 . That the 68 Motel Units not ped 600 sq. ft. in size. [Article 'VI , Sec.ti.on 61B. 4 (e.f . 2. That a sign be placed..on west.-side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3 . That all construction be setback a minimum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark ( landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df GERARD P. GOEnRINGY CHAIRMAN RECEIVED AND TT 7 T) BY 71 1LaE S0U'11�t Lil 1V vaty �.t,.scl� DATE HCUI Town Clerk, Town of Southold Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 RESOLVED, to GRANT a Special Exception in the matter of the application. of CLIFFSIDE (TIDE MARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Units not � �ed 600 sq. ft. in size. [Arti;cle. VI , Se.cti.on. 6IB. 4 (e )' . 2. That a sign be placed-on west-side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3 . That all construction be setback a mir}imum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark (landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df GERARD P. GOE RINGER CHAIRMAN OHO ter : Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. z SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) . Special Exception to the Zoning Ordinance, Article V, Section 100-50B (Article XIII) , for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDE MARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of County Road 48, Town of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 045, Block -01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article V, Section 100-50B, (Article XIII) , for permission to construct 76 Motel Units. I Page 2 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered on November 2, 1989 3. At the time of this hearing on 9/21/89, by letter to the attorney for applicant, the Code' sections. were changed to indicate updated Section of present Code, Article VI, Section 100-61B( 4) , as corrected. (1) Article VI, 100-61B ( 4) , the nature of this present application is for a special exception for 68 motel units and one manager' s unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. (2) Hotel or motel uses as set forth in and regulated by 100-61B( 4) of the Resort Residential (RR) District. ( 3) Definition of a Motel: Buildings or Building providing overnight accommodations for. motorists (p.764, Language of Zoning, taken from New York Zoning and Practice, Third Edition, By Robert M. Anderson) . 4. In considering this application, the Board finds and determines: (a) that the circumstances of .this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause substantial effect on the safety, health welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, its was I" fl. Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered November 2, 1989 RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDE MARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Units not -pXPped 600 sq. ft. in size. [Arti,cle 'VI , Section. 6IB� 4 (e. 2. That a _ sign be placed-on -west-side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right,.-turn-only,-the sign is to be approximately 2 sq. ft. in area. and placed in full view of all vehicles exiting from complex. 3. That all construction be setback a mipimum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this .Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark (landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6 . That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df GERARD P. GOEARINGY CHAIRMAN 1 1 2 TOWN OF . SOUTHOLD BOARD OF ARPEALS 3 - - - - - - - - - - - - - - - - - - - BOARD MEMBERS PRESENT: 4 GERARD P. GOEHRINGER, CHARIRMAN 5 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. 6 JOSEPH H. SAWICKI JAMES DINIZIO, JR. 7 DOREEN FERWERDA, 8 Secretary to Board 9 Town Hall 10 State. Road 25 P. O. Box 179 11 Southold, -New York 11971 12 September 21 , 1989 � 7 :30 P. M. 13 14 15 16 17 18 19 20 21 22 23 24 25 RAM COURT REPORTING SERVICE (516) 727-3168 . 1 75 1 2 (None) . 3 MR. GOEHRINGER: 'Seeing no hands , 4 questions from Board members? 5 MR. .DINIZIO: None. 8 6 MR. GOEHRINGER: Motion to close hearing 7 saving decsion until later . 8 MR. DINIZIO: Second. 9 MR. GOEHRINGER: All in favor? 10 (Ayes) . 11 MR. GOEHRINGER: The next appeal is on 12 behalf of Cliffside (Tide Mark) , 3542 . - 13 (Reading) 1 14 MR. GOEHRINGER: Copy of several site 15 plans, the most recent one that I have received 16 or we have received in our office is one from 17 Douglas P. Herlin. It is dated receipted our 18 office 6/27/89 . I have a copy of Suffolk County 19 tax map indicating this and surrounding 20 properties. 21 I will mention to the attorney I see 22 moving around we will be closing this hearing on 2-3 the 4th of October pending discussion with Town 24 attorney concerning acceptances of Planning 25 Board and final determination of impact RAM COURT REPORTING SERVICE '(516) 727-3168 1 76 �1 2 statement. 3 I ' ll refer to that at the end. So don' t 4 worry about that. 5 MR. HAEFELI : This I just is received this 6 evening. This is a copy of the improvement plan 7 which contains drain annual , et cetera, and 8 everything else. This is to be filed tomorrow 9 with the Planning Board. 10 Here is , for purposes of to night, here is the 11 schematic which follows that. 12 MR. GOEHRINGER: Could you state your 13 name, please? 1 14 MR. HAEFELI • Richard Haefeli , 184 Main 15 Street, West Hampton Beach, on behalf of the 16 applicant. 17 First thing I would like to point out, 18 there is a modification to the application. It 19 is not for 76 units it' s for total of 68 units 20 plus a manager ' s unit or total of 69 units . 21 Number of units reduced downwards. Locate in 22 R. R. district which permits a resort motel by 23 way of special exception and with approval of - 24 the Planning Board. 25 In order for it to be permitted in that RAM COURT REPORTING SERVICE ' (516) 727-3168 1 77 2 district you need a minimum area of five acres , 3 maximum number of units with water and sewer and 4 for the Board' s purposes , we have signed paid 5 contracts for both public water and public sewer 6 with Greenport Water District and Greenport 7 Sewer District. One per every four thousand 8 square feet, that would work out to 78 units. 9 As I said this particular application reduced 10 downwards to six units. 11 The other two things you have to have in 12 the use, no music or loud speakers audible n 13 beyond the property and no lighting beyond the L( 1 14 property. This plan does not provide for either 15 of those. 16 As far as special exceptions provisions 17 are concerned, even general standards and 18 specific standards. As far as this particular. , 19 application is concerned, the property and the 20 adjacent properties are used for motel on the 21 east. ' The properties to the west are used 22 either for the vacant property, condominiums and 23 motel on the west. A and B would be complied r_7 24 with since this use is compatible with and same i 25 as other current properties in the area. RAM COURT REPORTING SERVICE (516) 727-3168 1 78 'ram 2 The safety and welfare and health - would 3 not be adversely affectd. As this Board knows , 4 there was an extensive environmental review of 5 this particular application that took two and a 6 half years. There was a final environmental 7 impact statement adopted by the Planning Board 8 in March 'of this year . 9 Among the recommendations by the Planning 10 Board was a reduction in the number of units , 11 reduction in the sizes of the buildings and a 12 reduction in the square footage of the units , i13 and a requirement for a 30-foot buffer on all 14 sides . 15 There is no. provision in the code as to 16 the sizes of the units, but the applicant has 17 agreed that the units will be 600 square feet in 18 size. 19 As far as the buffer, I think the maximum 20 is 25 feet? We ' ve also agreed to 30 feet that 21 the Planning Board has set forth in FEIS? 22 As a result of the reduction of the number 23 of units are also reduced footprint and the size r -1 24 of the buildings . L� ' 25 As far as adverse effect upon the traffic , RAM COURT REPORTING SERVICE (516) 727-3168 1 79 2 this is a proposal rio left turn coming out of 3 the project onto ,County Road 48. It has to be a 4 left turn only. Part of the concern in the 5 environmental process was the number of units 6 and the reduction down and the number of units I 7 think accomplishes the concern as far as 8 traffic. 9 As prior to the recent changes in the 10 zoning code this property was zoned for resort 11 motel uses. There was an extensive review by 12 the Town with respect to what uses should be 13 permitted what zoning districts. This 14 Y ro articular property was rezoned and the same use P P P , 15 was permitted. Therefore I think it' s 16 compatible with the area. 19 17- All of the other provisions that are set 18 forth in both 1263274 I believe have .been met by 19 the applicant and are being met -by the applicant 20 as far as this application is concerned. Almost- 21 all of those were considered and taken into 22 consideration in the environmental review 23 process: I' m open to any questions which any r� 24 members of the Board may have. I have Mr . Samet 25 hear from the engineering firm He can answer RAM COURT REPORTING , SERVICE (516) 727-3168 1 80 �- 2 any of the technical questions you may have. 3 The architect is also present. 4 MR. GOEHRINGER: When we originally came 5 before the Planning Board concerning the 6 objections of the traffic plan which now are 7 somewhat minimized by your discussion concerning 8 the left-hand turning lane , there was some 9 discussion about the actual widening of County 10 Road 48 at that particular point. To my 11 knowledge County Road 48 is going to remain in 12 the present state. No center lanes turning into 13 the project at all, from westbound .to eastbound 14 direction. 15 MR. HAEFELI : I think that' s correct. I 16 don ' t know of any, let' s put it that way. 17 MR. GOEHRINGER: During the period of the 18 correspondence between our office and your 19 office , basically, the contracts that you had 20 just mentioned with the Village of Greenport 21 concerning water and sewer , it ' s been my 22 understanding that they have been taken care of 23 as you just mentioned. If this particular r 24 project was to be started tomorrow and so as 25 completed in five or six months , you would have RAM COURT REPORTING SERVICE (516) 727-3168 _ t 1 81 2 the use of those two facilities; is that 3 correct? 4 . MR. HAEFELI : That was considered in the 5 environmental impact. They found the same 6 thing . 7 MR. GOEHRINGER: Under the present 8 mandates of Greenport Water has -- whatever 9 problems they have based on their requirements 10 from Suffolk County. 11 MR. HAEFELI : This project is in their 12 calculations. . That ' s what I have been told. 13 MR. GOEHRINGER: On the top of the list. 14 MR. HAEFELI : The contracts have been 15 signed. All of the money for them have been 16 paid to Greenport. We also have Health 17 Department approval . 18 Just on the traffic question, I think the 19 major concern .were cars coming from the east to 20 the west and the sight distances were somewhat 21 less coming from the east to the west. Steve, 22 you can correct me on this . 23 Whereas coming from the west and going to r7 24 the east, which would be a turn in, I think it 25 was determined that there was adequate sight RAM COURT REPORTING SERVICE (516) 727-3168 1 82 n - 2 distances . 3 MR. SAMET: You have good sight distance . 4 If you stay in the site and look east, you have 5 adequate sight distance, about 500 feet. As you 6 look from the site towards the west, it' s 7 slightly less. From an engineering standpoint, 8 that having a left turn into the site and/or out 9 of the site would be acceptable. 10 The claimant is willing to limit the site 11 to only a right turn out if the Board so choses. 12 MR. GOEHRINGER: Thank you . 13 MR. HAEFELI : That was considered in the L 14 environmental impact statement. 15 MR. GOEHRINGER: The other concern 16r basically was , did he follow the bank or 17 encounter any particular problems during the 18 type of construction that may affect the lip of 19 the bluff, which is not really a bluff, it ' s a 20 bank , so to speak , okay? 21 I don' t think this was properly addressed 22 when it was a concern of ours, but it may have 23 been a concern during the period of time that �- 24 the other Boards have looked at it. I .. 25 MR. SAMET: That was addressed in the RAM COURT REPORTING SERVICE (516) 727=3168 1 83 n 2 environmental impact statement. It was 3 requested they would keep back a hundred feet 4 from the bluff, which is this line over here, as 5 you can see the it. All development with the 6 exception of the ramp coming down to the beach 7 would be kept within outside on the hundred foot 8 setback . We have erosion control plans within 9 the plans to show protection of vegetation 10 within that area. 11 MR.. GOEHRINGER: Anything else you want to 12 mention, Mr . Haefeli , concerning this? LL 13 MR. HAEFELI : Absent recitation of each of 14 the provisions in the general and special 15 provisions, as I say the impact statement which 16 is part of this entire process has covered all 17 of that. ' 18 MR. GOEHRINGER: Our concern with the 19 impact is something we want to discuss with the 20 Town attorney. So we will recess this hearing "'21 again only to discuss it with him and close the 22 hearing with no other oral testimony on October 23 4th at our next meeting. It only concerns the r-� 24 remaining findings of that final impact �- 25 statement. It shouldn' t affect anything at this RAM COURT REPORTING SERVICE (516) 727-3168 1 84 r� 2 point but we want to make sure we are correct on 3 that. 4 If you have any questions I ' ll do the best 5 I can to answer them at this particular point. 6 MR. HAEFELI : I 'm not sure of -- 7 MR. GOEHRINGER: Planning Board voted in 8 March of 1989 to accept the final impact 9 statement? 10 MR. HAEFELI : That is correct. 11 MR. GOEHRINGER: We are not sure if there 20 12 had to be a reduction of findings at that r 13 particular point. In other words , culled from 14 that particular impact statement the actual 15 findings themselves , rather than having them 16 imbedded in that particular statement. 17 MR. HAEFELI : They adopted the D. E. I . S. 18 and all other things as the final environmental 19 impact statement. 20 MR. GOEHRINGER: We were unable to contact 21 the Town attorney today, we want to make sure 22 that that' s fine with him. 23 MR. HAEFELI : Okay. Very good. �- -, 24 MR. GOEHRINGER: It ' s nothing of great 25 significance. We noted this project was RAM COURT REPORTING SERVICE (516) 727-3168 _ 1 85 2 earnestly on the fire for a few years. We want 3 to make sure we are correct . 4 MR. HAEFELI : If I could get the schematic 5 back , when the Board is finished with it. 6 MR. GOEHRINGER: Anybody else like to 7 speak in favor of the application? 8 (None) 9 MR. GOEHRINGER: Anybody in the audience 10 who has not had time to review these documents, 11 would like to sit down with them, place them on 12 the table, here, place them on the side , welcome 13 in the audience to take a look at them, and get 14 back to the after the next hearing if you have 15 any comments that you would like to review. 16 (None) . 17 MR. GOEHRINGR: Anybody would like to 18 speak against this application? 19 (None) . 20 MR. GOEHRINGER: Hearing no further 21 comments, I will make a motion recessing this 22 hearing . No more oral testimony simply just 23 from the legal standpoint of reviewing the .final r� 24 D. E. I. S. with the Town attorney. We will close 25 it on October 4th at our special meeting. I ' ll RAM COURT REPORTING SERVICE (516) 727-3168 1 86 n �j 2 offer that as a resolution, gentlemen. 3 MR. GRIGONIS: Seconded. 4 MR. GOEHRINGER: All in favor? 5 (Ayes) . 6 MR. GOEHRINGER: Thank you very much , 7 gentlemen, for coming in. The next appeal is 8 appeal number 3770 . 9 (Reading) . 10 MR. GOEHRINGER: We' ve had several site 11 plans. I ' ve had at least one informal 12 discussion with members of the planning staff , r } 13 not necessarily the Planning Board. One i 14 discussion with the member of the Planning 15 Board. Before me I have a site plan that has 16 just been received. It is received on August 17 18th, 1988? 18 It says it ' s checked by Roderick Van Tuyl , 19 P.C. , and probably printed by him, but it was 20 probably prepared by consultant. I have a copy 21 of the Suffolk County tax map indicating this 22 and surroundinging properties in the area. 23 The issue at hand is a proposed boat F , 24 storage building of approximately 125 feet in 25 width and rather extensive enough in size placed RAM COURT REPORTING SERVICE (516) 727-3168 ,a�9^ INSPECTORS urr (516)765-1802 �QS J(�C 1 Q SCOTT L.HARRIS,Supervisor VICTOR LESSARD,Principal � l/ CURTIS HORTON,Senior = y� Southold Town Hall VINCENT R.WIECZOREK,Ordinance y Z P.O.Box 1179,53095 Main Road ROBERT FISHER,Assistant Fire Southold,New York 11971 Building Inspectors O � � Fax(516)765-1823 THOMAS FISHER y�f O� Telephone(516)765-1800 GARY FISH OFFICE OF BUILDING INSPECTOR D _ TOWN OF SOUTHOLD DEC 51990 December 5, 1990 1 Mr. Kenneth J. Tedaldi P.O. Box 815 Quogue, New York 11959 RE: Cliffside/Tidemark Building Permit #18687-Z Suff. Co. Tax Map #1000-45-1-1 Dear Mr. Tedaldi: In reference to the amended plans submitted to this office yesterday, please be advised that this office will need a letter from the Zoning Board of Appeals approving the kitchenette in said units. According to Paragraph 5 of Appeal #3542, only the Managers Unit will contain kitchen facilities. If there are any questions, please contact this office. Very truly yours, SOUT.H.OLD TOWN BUILDING DEPT. Victor G. Lessard, Principal Building Inspector VGL:gar cc to: Zoning Board of Appeals ✓ § 100-61 SOUTHOLD 'DE § 100-61 § 100-61. Use regulations. In the RR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged,intended or designed to be used,in whole or in part,for any use except the following: A. Permitted uses. (1) Any permitted use set forth in and as regulated by§ 100- C 31A of the Agricultural-Conservation District. ` B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and, except for the uses set forth in Subsection B(5)hereof,are subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(1), (6), (7), (13) and (14) of the Agricultural- Conservation District.[Amended 8-1-89 by L.L.No. 15- 19891 (2) Marinas for the docking, mooring or accommodation of noncommercial boats. (3) Yacht clubs. ?(4Transient hotels or motels, resort hotels or motels or conference facilities, provided that the following require- ments are met: (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: [1] One(1)unit per six thousand(6,000)square feet of land without public water or sewer. [2] One (1) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system shall be audible from beyond the property line. (d) No lights shall create a glare on adjoining property. 10068 10-25-89 § 100-61 ZONING -=---- ---------- § 100-61. (e) The maximum size of a guest unit shall be six hundred (600) square feet. [Added 7-5-89 by IL No. 13-1989] (5) Bed-and-breakfast.uses as set forth in.and as regulated . by § 100-31B(15). (Cont'd on page 10069) Town of Southold Bulk Schedule for Residential Districts [Added 1.10.89 by LL No.1-1989] Column No. i ii Ill iv v A vii ix x xi xB I Residen gal Unit Where Community 2-Family Detached Water and Sewer Dwellings in R-80 District A-C R-40 R-80 R-120 R-200 R-400 HD RR RO Available District Minimum Requirements for 1-family detached dwellings, Lot site(square feet) 80.000 40.000 80,000 120,000 200,000 400,000 20,000 20,000 40,000 10,000 ✓ 160.000 Lot width(feet) 175 150 175 200 270 270 75 75 150 60 270 Lot depth(feet) 250 175 250 300 400 400 120 120 175 80 400 Front yard(feet) 60 50 - 60 60 60 60 35 35 50 30 60 Side yard(feet) 20 15 20 30 30 30 15 15 15 15 30 Both side yards(feet) 45 35 45 60 60 60 30 30 35 30 60 Rear yard(feet) 75 50 75 85 100 100 35 35 50 30 85 Livable floor area(square feet per dwelling 850 850 850 850 850 850 8501 850, 850 850 850 unit) Maximum permitted dimensions: Lot coverage(percent) 20 20 20 10 5 5 25 25 20 25 10 Building height(feet) 35 35 35 35 35 35 35 35 35 35 35 Number of stories 2!� 2% 2% 2% 2� 2Y, 2Y2 2% 2y2 2% 2% NOTES: See text of chapter and Density and Minimum Lot Size Schedules for applicable districts. Y Except one-bedroom or studio in multiple dwelling may have six hundred(600)square feet.Minimum floor area may be reduced up to two hundred(200)for moderate-and/or lower-cost dwellings. Except one-bedroom or studio in multiple dwelling may have six hundred(600)square feet. 2-25-89 § 100-57 ZONING § 100-60 shall constitute grounds for the revocation of a certificate of occupancy. (4) On or before March 31 of each year, the Director shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate-income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year. (5) The owner or manager of dwelling units and unimproved lots reserved for moderate-income families shall certify in writing to the Director,on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of this Article and Chapter 100 of the Town Code. (6) When a dwelling unit reserved for lease to moderate- income families is to be rented, the lease for such unit shall not exceed a term of two (2) years. A §.100-58. Applicability of other Code provisions. All of the provisions of the Code of the Town of Southold not inconsistent or in conflict with the provisions of this Article shall be applicable in the AHD District. _ ARTICLE VI Resort Residential (RR) District [Added 1-10-89 by L.L. No. 1-198912] § 100-60. Purpose. The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where, because of the availability of water and/or sewers, more intense development may occur consistent with the density and character of surrounding lands. 12 Editor's Note: This local law also repealed former Art.VI,B Light Business District,as amended. 10067 10-25-89 1 § 100-57' ZONING § 100-60 shall constitute grounds for the revocation of a certificate of occupancy. (4) On or before March 31 of each year, the Director shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate-income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year. ;t (5) The owner or manager of dwelling units and unimproved lots reserved for moderate-income families shall certify in writing to the Director,on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of this Article and Chapter 100 of the Town Code. (6) When a dwelling unit reserved for lease to moderate- income families is to be rented, the lease for such unit shall not exceed a term of two (2) years. § 100-58. Applicability"of other Code provisions. All of the provisions of the Code of the Town of Southuld not inconsistent or in conflict with the provisions of this Article shall be applicable in the AHD District. _ ARTICLE VI Resort Residential (RR) District [Added 1-10-89 by L.L, No. 1-198912] § 100-60. Purpose. The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where, because of the availability of water and/or sewers, more intense development may occur consistent with the density and character of surrounding lands. 12 Editors Note: This local law also repealed former Art.VI,B light Business District,as amended. 10067 10-25-89 § 100-61 SOUTHOLD 1E § 100-61 § 100-61. Use regulations. In the RR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged,intended or designed to be used, in whole or in part,for any use except the following- A. Permitted uses. (1) Any permitted use set forth in and as regulated by§ 100- 31A of the Agricultural-Conservation District. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and, except for the uses set forth in Subsection B(5)hereof,are subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(1), (6), (7), (13) and (14) of the Agricultural- Conservation District.[Amended 8-1-89 by L.L.No. 15- 1989] (2) Marinas for the docking, mooring or accommodation of noncommercial boats. (3) Yacht clubs. (4) Transient hotels or motels, resort hotels or motels or conference facilities, provided that the following require- ments are met: (a) Minimum parcel size shall be five (5) acres. (b) The maximum number of guest units shall be: [1] One(1)unit per six thousand(6,000)square feet of land without public water or sewer. [2] One (1) unit per four thousand (4,000) square feet of land with public water and sewer. (c) No music, entertainment or loudspeaker system . shall be audible from beyond the property line. (d) No lights shall create a glare on adjoining property. 10068 10-25-89 § 100-61 ZONING § 100-61 (e) The maximum size of a guest unit shall be six hundred (600) square feet. [Added 7-5-89 by L.L. No. 13-1989] (5) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(15). (Cont'd on page 10069) Lr3 t Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 P TELEPHONE(516)765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. ., SERGE DOYEN, JR. JOSEPH H:SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) . Special Exception to the Zoning Ordinance, Article V, Section 100-50B (Article XIII) , for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. WHEREAS. a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CLIFFSIDE (TIDE MARK) under Appeal No. 3542; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of County Road 48, Town of Greenport, and is identified on the Suffolk County Tax Maps. as District 1000, Section Q45, Block -01, Lot 01. 2. This is an application for a Special Exception from the Zoning Code Article V, Section 100-50B, (Article XIII) , for permission to construct 76 Motel Units. F i Page 2 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) Decision rendered on November 2, 1989 3. At the time of this hearing on 9/21/89, by letter to the attorney for applicant, the Code sections. were changed to indicate updated Section of present Code, Article VI, Section 100-61B( 4) , as corrected. - (1) Article VI, 100-61B ( 4) , the nature of this present application is for a special exception for 68 motel units and one manager' s unit on this 7+- acres. As directed by Final Draft Environmental Statement on this project. (2) Hotel or motel uses as set forth in and regulated by 100-61B( 4) of the Resort Residential (RR) District. ( 3) Definition of a Motel: Buildings or Building providing overnight accommodations for motorists (p.764, Language of Zoning, taken from New York Zoning and Practice, Third Edition, By Robert M. Anderson) . 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the Motel Units are not unreasonably located; (c) that the Special Exception will not in turn cause substantial effect on the safety, health welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly, on motion by' Mr. Dinizio, seconded by Mr. Grigonis, its was f t Page 3 - Appl. No. 3542 Matter of CLIFFSIDE (TIDE MARK) _ Decision rendered November 2, 1989 _ (1 RESOLVED, to GRANT a Special Exception in the matter of the application of CLIFFSIDE (TIDE MARK) as applied under Appeal No. 3542 for the placement of 68 Motel Units and 1 Manager Unit, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 68 Motel Units not(._pXpped 600 sq. ft. in size. [Arti:.cl e. V I , 'Se.cti.on: 61B. .4 e. 2. That a sign be placed-on..west-side of turning lane, to be added on the island, as shown on Site Plan of Henderson and Bodwell, Dated 11/6/89, indicating right turn only, the sign is to be approximately 2 sq. ft. in area and placed in full view of all vehicles exiting from complex. 3. That all construction be setback a mi4imum of 100 ft. from the bluff, with the exception of the ramp leading down to beach. 4. That together with erosion controlled plans, as indicated in DEIS, it is the suggestion of the Board for this Special Exception, that Hay/Straw bales be placed outside the 100 ft. mark ( landward) during construction. 5. That it is the understanding of this Board that only the Managers Unit will contain kitchen facilities. 6. That a contract with the Village of Greenport exists at the commencement of this construction project, for water and sanitary facilities. Vote of the Board: Ayes: Messrs. ' Goehringer, Grigonis, and Dinizio. This resolution was duly adopted. df GERARD P. GOERRINGY CHAIRMAN Officers it Xllay UTILITY OFFICE TEL. MAYORe o� greenpopt (516)477-1748 ORGE W.HUBBARD INCORPORATED 1■a• POWER PLANT TEL. INCORPORATIONNEW 7.lass TRUSTEES R[•INCOR►ORATIONUNDER L (516)477-0172 GENERAL LAW MAY 28. 111V• JEANNE M.COOPER q):' _ GAIL F.HORTON 44 DAVID E.KAPELL .•-• """ '•""• RECEIVED BY n npt� WILLIAM H.LIEBLEINSQ �IkRGI�Ii��lli��l L�7�js�'li7�JN(l� :NC { 1SL , SUPT.OF U nLITIES �. JAMES 1.MONSELL '•"'"` •�� DATE 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 April 17, 1987 Mr. George Wetmore Cliffside Associates 72 North Ocean Ave. Patchogue, New York 11772 Dear Mr. Wetmore: Enclosed is a signed copy of the Water Supply Agreement and Sewer Treatment Agreement between your firm and the Village of Greenport. Mayor Hubbard signed the Agreement on April 16, 1987 and the Village Board gave authorization on March 26, 1987. If I can be of further service, please call. Very truly yours, James I. Monsell Superintendent of Public Utilities \ JIM:j g Enc. CC: George Hubbard, Mayor All Village Trustees Southold Town Planning Board RECEIVE BY SOUTHOLD TOWN P�__ ��S B0A°D 5 61 � 1� DATE WATER SUPPLY AGREEMENT AGREEMENT made this Jo��day of 1987 by and between the Village of Greenport, a municipal corporation in Suffolk County having its office and principal place of business at 236 Third Street, Greenport, New York, herein called the "VILLAGE" , and CLIFFSIDE ASSOCIATES, a limited partnership with principal offices located at 72 North Ocean Avenue Patchogue. N.Y. .11772, herein called the "OWNER". WHEREAS , the OWNER is desirous of securing a supply of water for the project to be developed at the property shown on a map and preliminary site plan; and WHEREAS the OWNER is willing at its cost and expense to lay and install or cause to be laid and installed the water mains, hydrants , fittings and valves described on the map and preliminary plan and to transfer and convey same to the VILLAGE upon comple- tion and, if necessary, to give and procure easements for the maintenance of the mains and the hydrants; and WHEREAS , the VILLAGE is willing to supply the OWNER with its requested water allowances and the parties have agreed upon the terms and conditions for the supply of water and other matters; and WHEREAS the OWNER is the owner in fee of certain premises Y which premises are shown generally on a map and preliminary plan annexed hereto, made a part hereof and marked Exhibit "A" , and entitled. "Cliffside" ; and LAW OFFICES OF JOHN J.MUNZEL 54B ROANOKE AVENUE RIVERHEAD.NEW VORK 11901 1 ' WHEREAS OWNER is about to commence a development known as "Cliffside" in Southold Town and wishes to construct water mains and install hydrants on the certain rights of way on a certain map entitled "Cliffside" consisting of one drawing, which is attached hereto, made a part hereof, and marked Exhibit "B" , and to connect with the Village Water System marked Exhibit "C" in conformity with the Contract and Specifications marked Exhibit "D" , and as may be amended from time to time during the course of construc- tion of the project commonly known as "Cliffside". NOW, THEREFORE, in consideration of the premises and covenant herein, it is mutaully agreed as follows : FIRST. OWNER will install at its own cost and expense, water main for supply and distribution, throughout the development as more fully shown on the Exhibit attached hereto prepared by Henderson and Bodwell , dated January 12 , 1987. Said. installation shall be in conformity with the agreement herein and the rules and regulations of the VILLAGE. SECOND. Locations of all mains , hydrants , and appurtenances are shown on a copy of the map entitled "Utility plan for Cliffside" . THIRD. All necessary engineering work, trenching, laying, joining , backfilling shall be done by OWNER and shall sometimes hereinafter be called the "WORK" . FOURTH. The VILLAGE will supply the hydrants for installa- tion at the locations shown on said map OWNER will reimburse the LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW VORK 11901 VILLAGE for all hydrants located within the subdivision. FIFTH. . Payment shall be made upon delivery for hydrants and the costs of the delivery of the hydrants to the site by the VILLAGE. The VILLAGE shall deliver the hydrants to the site at a time appropriate to the expeditious completion of the work pro- vided the VILLAGE is given no less than 21 days notice, and sub- ject to the availablity of the hydrants from the suppliers to the VILLAGE. SIXTH. Until such time as rental for such hydrants is assured and paid for by the East-West Fire Protection District, OWNER will pay annually to the VILLAGE such rental for such hydrants as is from time to time being paid by such District to the VILLAGE for other hydrants in .the District. SEVENTH. The standards for the installation of the piping and the hydrants shall be in accordance with the following specifica tions; (1 ) polyvinyl chloride pipe (AWWA Spec. C-900 ) Class 150 or equal with push-on joints/couplings and underground metallic warning tape or ( 2 ) cement-lined ductile iron pipe (AWWA spec. C151-76 ) class 150 , or equal. Any pipe and all joints and parts of the system must be able to stand pressure of not less than 150 pounds per square inch. The water demand: 1 ) Average Daily Flow: 76 Units x 2. 5 people/unit x 100 gpd/capita = 19 .000 gpd 2 ) Peak Day Demands= LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 2x average daily flow or 2x 19 ,000 gpd = 38 ,000 gpd 3 ) Peak Hour Demand= 4 x 1 hr. of average daily flow or 19 ,000 gpd/24 hr x 4= 3 , 200 gallon/hr. All interior mains will be 8" and will be connected to the existing 12" water main on Middle Road EIGHTH. The VILLAGE will supply without charge to OWNER suf ficient water to make essential tests and to leave the system-- on final approval completely sanitary, said supply to be not less than 160 pounds per square inch. NINTH. The WORK shall be inspected by the VILLAGE which hereby delegates its Superintendent of Utilities or his designee full power of inspection hereunder. OWNER will grant complete freedom of access to all parts of the premises and the WORK for inspection. The VILLAGE will have an authorized inspector at the site at all proper times so as not to delay the work. No work not passed by the inspector will be accepted by the VILLAGE. No back- filling shall be done until the pipe and the work in the trench has been approved and tested by the inspector. TENTH. OWNER will, and by this agreement does , upon appro- val of the completed work, which the VILLAGE will indicate to the OWNER in writing, dedicate the mains to the VILLAGE, and does hereby grant and convey to the VILLAGE an easement and right -of way For the purpose of laying, relaying, repairing , operating and maintaining water mains , both supply and distribution, and appur- LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW VORK 11901 i tenances , including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or private streets in the premises as shown on the attached map. The rights of way and easements shall also extend five feet on either side of the mains to be laid pursuant to this agreement, whether or not such distance shall be within the roadway The mains and appurtenances and the rights of way and easements shall be deeded to the VILLAGE its successors or assigns . and shall forever remain the property of the VILLAGE, its successors or assigns . -The rights of way shall be over the lands herein described and marked' Exhibit "E" . ELEVENTH. The easements herein granted are not exclusive, and other easements in said streets may be granted by OWNER to other persons or corporations maintaining public services throughout the development, provided that no other mains are set within two feet internally of the water main and no poles are set into the ground within two feet either side of a line on the sur- face directly above the mains. If a gas , sewer or other main or service necessarily crosses the water mains , OWNER will advise the VILLAGE in writing of the exact location of the intersection forthwith upon installation and. shall supply maps to the VILLAGE showing the exact locations. Said intersections shall not be per- mitted without prior written consent of the VILLAGE. TWELFTH. If OWNER contracts with a third party for the WORK, as the parties contemplate will be the case, the VILLAGE will exa- LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW VORK 11901 mine the proposed contract, plans , and specifications , and promptly furnish OWNER and the third party contractor with a writ- ten statement of what part, if any, of the WORK proposed in such contract should be revised to insure approval by the VILLAGE. The VILLAGE will not require any abnormal conditions , unless the situation at the site shall require them. THIRTEENTH. Upon completion, inspection and approval the VILLAGE will supply water to the development and the owners of the lands therein at the rates and pursuant to the rules and regula- tions of the VILLAGE in force from time to time. FOURTEENTH. The parties understand that final approval of the OWNER'Ss appliclations have not been given by all necessary public authorities . The VILLAGE enters into this agreement to assist OWNER in securing such approval , and by way of contrac- tually assuring to OWNER public water supply, if said appli- caltions are approved. FIFTEENTH. A one inch (1" ) service line shall be installed to each building, with a curb stop near the property line. This installation is under the direction and supervision of the Greenport Water Department. SIXTEENTH. The VILLAGE requires a cash contribution of six hundred sixty-eight dollars and twenty ( $668 . 20 ) cents per motel unit to be placed in the VILLAGE'S Water Department Reserve Fund to help gain new production supply, so as to assure OWNER of future adequate supply. It is contemplated by this contract that LAW OFFICE5 OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW VORK 11901 the OWNER anticipates construction of seventy-six (76 ) motel units. Upon execution of this agreement, the OWNER shall deposit with the VILLAGE the sum of six hundred sixty-eight dollars and twenty ($668 . 20 ) cents times seventy-six (76 ) motel units for the total of fifty thousand seven hundred eighty-three dollars and twenty ($50 ,783 . 20 ) cents in bank or certified check. This per motel unit amount may be amended from time to time, depending on findings by the VILLAGE 'S consulting engineers, Holzmacher, McLendon and Murrell, P.C. or their successors and upon approval by the Village Board of Trustees. In the event that the per motel unit cost is increased or decreased between the execution of this agreement and the application for water, the OWNER shall pay the VILLAGE, upon application for water, the difference between the per motel unit amount specified herein and the per motel unit amount required by the VILLAGE at the time of the application of water times the number of motel units covered by said application. Said payment shall be in bank or certified check and shall' be paid to the VILLAGE prior to any hook-up for water. In the event that the OWNER does not complete the project as contemplated by this agreement or does not make application for the full number of motel units alloted .or specified herein, the VILLAGE shall keep all funds so deposited by the VILLAGE as the sole exclusive pro- perty of the VILLAGE and the OWNERS shall have no claim thereon. Notwithstanding the above, in the event that the Town of Southold does not approve the application of OWNER, the VILLAGE LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW VORK 11901 will refund the aforementioned amounts with thirty ( 30 ) days of receipt of notice of disapproval. SEVENTEENTH. The WORK contemplated by this agreement shall be completed within 24 months of final approval of plans by the Town of . Southold, or within additional periods of 24 months each, however, it is hereby mutually agreed and understood that all spe- cifications in reference to materials used for the construction of said system, the WORK to be completed, and/or water to be supplied shall be changed to conform with the then current standards as set by the VILLAGE of Greenport Utility Department, its successor, or its authorized agent at each such interval. EIGHTEENTH. The OWNER agrees that upon completion of the work in accordance with any contract made pursuant hereto, title to the mains , hydrants , valves , and fittings so installed and laid shall be deemed dedicated to the VILLAGE, and the OWNER shall in confirmation of such passage of title, execute an instrument transferring and assigning to the VILLAGE the title, free and clear of all encumbrances or liens to the mains , hydrants , valves and fittings so laid and installed and if required by the VILLAGE shall procure from all persons having an interest in the land in which said mains lie a proper easement in favor of the VILLAGE for the perpetual maintenance, repair or replacement of said mains and fittings including the .right to extend the mains and to connect them with other mains to be laid by or under the supervision of the VILLAGE The instruments so executed shall be in recordable LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 form. NINETEENTH. The VILLAGE agrees that when the installation, laying of the mains , valves , hydrants and fittings has been. completed, pursuant to the terms of this agreement, and proper easements have been given, all as hereinbefore provided, the VILLAGE will accept the assignment and conveyance of the mains ,- valves , hydrants and fittings and maintain them thereafter and supply water to consumers along the mains subject to conditions , rules and regulations of the VILLAGE. TWENTIETH. Should the OWNER desire to lay the mains in sec- tions , separate construction contracts may be let for such sec- tions providing the extent of such separate sections shall be in the opinion of the VILLAGE sufficient to warrant a separate con- sideration. TWENTY-FIRST: This agreement contains the complete agreement between the parties for the acquistion by the VILLAGE of the mains , valves , fittings, and hydrants hereinbefore described and the OWNER agrees that it will not make any claims against the VILLAGE on account of the installation of the mains , valves , fit- tings or hydrants and acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which may or may not be enacted. TWENTY-SECOND. This agreement shall enure to the benefit and shall bind the respective heirs , legal representatives, successors or assigns of the parties hereto. LAW OFFICES OF - JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW VORK 11901 TWENTY-THIRD. This agreement shall not be assignable by the OWNER without the consent in writing of the VILLAGE, which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement n four ( 4 ) counterparts , all of which shall constitute originals , the day and year first above written. ATTEST: VILLAGE OF GREENPORT Clerk George Hubbard, Mayor LIFFSIDE AS OS CI ES , a limited partnership by: NEIL ESPOSITO LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 t STATE OF NEW YORK) COUNTY OF SUFFOLK) On the / 9 a day of February, 1987 ,. before me personally came NEIL ESPOSITO, general partner of the limited partnership known as CLIFFSIDE ASSOCIATES to me known and known to me to be the indi- vidual described in and who executed the foregoing instrument, and acknowledged that they executed the same . and that he was authorized to execute said document KATfiLEEN SMITH NOTARY PUI:LIC $imn of flew York �— No. 52 - 4603210 NOTARY PUBLIC Ourdo;,,d In S'•'tolk Counfy Ce,mmiae on fx;,irts O- d3%�/�/� STATE OF NEW YORK) COUNTY OF SUFFOLK) tc'On the / ��`day of—E�. -y1987 , before me personally came GEORGE 'W. HUBBARD to me known, who, being duly sworn, did depose and say the .he resides at No. 178 Central Avenue, Greenport, New York 11944 , that he is the Mayor of the Incorporated Villaqe of Greenport, the municipal corporation described in and which exe- cuted the foregoing instrument; that he knows the seal of said instrument is such corporate seal; that it was so affixed by order of the Board of Directors or said corporation , and the he signed his name by like order. NANCY W.000K 140TARY PUBLIC,State ut N.Y __ Suffolk Co.No:4735151 NOTARY_�PUBL I Term Expires Match 30,1 ,� LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 �1 _ED BY SOJI P'fl��`�wINIING2) BOARD DATE SEWER TREATMENT AGREEMENT AGREEMENT made this / day of -Fbb�- 1987 by and between u' the Village of Greenport, a municipal corporation in Suffolk County having its office and principal place of business at 236 Third Street, Greenport, New York, herein called the "VILLAGE" ,' and CLIFFSIDE ASSOCIATES , . a limited partnership with principal offices located .at 72 North Ocean Avenue, Patchogue, N.Y.: 11772 , herein called the "OWNER" . WHEREAS , the 'VILLAGE owns and operates a municipal sanitation sewage treatment plant and collection system within its terri- torial boundaries , WHEREAS , the OWNER is desirous of securing a sewage collec- tion system and/or water line for the project to be developed at the property shown on the map and preliminary site plan, attached hereto, made a part hereof and marked Exhibit "A" , and WHEREAS the OWNER is willing at its cost and expense to lay and install or cause to be laid and installed the sewage collec- tion system and/or water line described on the map and preliminary plan and to transfer and convey same to the VILLAGE upon comple- tion and if necessary and to give and procure easements for the maintenance of said sewage collection system and/or water line, and WHEREAS , the VILLAGE is willing to collect the sewage from LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD•NEW YORK ' 11901 Y the project, and the parties have agreed upon the terms and con- ditions of collection of sewage and other matters , and WHEREAS the OWNER is the owner in fee of certain premises which premises are shown generally on a map and preliminary Iplan annexed hereto, made a part hereof and marked Exhibit "A" , and entitled "Cliffside" , and WHEREAS OWNER is about to commence a development known as • "Cliffside" at Town of Southold, New York and wishes to construct a sewage collection facility and/or water line on the certain rights of way on a certain map entitled "Cliffside", consisting of one ( 1 ) drawing, which are attached hereto, made a part hereof , and marked Exhibit "B" , and to connect with the Village Sewage treatment System marked Exhibit "C" . NOW, THEREFORE, in consideration of the premises and cove- nants herein, it is mutually agreed as follows : FIRST. OWNER will install at its own cost and expense, sewage collection system for the collection of sewage throughout the development as more fully shown on the Exhibit "D" attached hereto, prepared by Henderson & Bodwell, dated 1/8/87. Said installation shall be in conformity with the agreement herein and the rules and regulations of the VILLAGE. SECOND. Locations of all sewage collection facilities and appurtenances are shown on a copy of the map entitled Village of Greenport, Sewer System, THIRD. All necessary engineering work, trenching, laying, LAW OFFICES OF JOHN J.MUNZEL 43 ROANOKE AVENUE IVERHEAD.NEW VORK - I i901 1 joining, backfillinq shall be done by OWNER and shall sometimes hereinafter be called "WORK" . FOURTH. The standards for the installation of the piping shall be in accordance with the following specifications: The water demand: 1 ) Average Daily Flow: 76 units x 2. 5 people/unit x 100 gpd/capita = 19 , 000 gpd 2 ) Peak Day Demand: 2x average daily flow or 2x 19 , 000 gpd '= 38 , 000 gpd 3 ) Peak Hour Demand: 4 x 1 hr. of average daily flow or 19 ,000 gpd/24 hr. x 4 = 3 , 200 gallon/hr. FIFTH. The VILLAGE will supply without charge to OWNER suf- ficient water to make essential tests and to leave the system on final approval completely sanitary, said supply to be not less than 160 pounds per square inch. SIXTH. The work shall be inspected by the VILLAGE which hereby delegates its Superintendent of Utilities or his designee full power of inspection hereunder . OWNER will grant complete freedom of access to all parts of the premises and the WORK for inspection. The VILLAGE will have an authorized inspector at the site at all proper times so as not to delay the work. No work not passed by the inspector will be accepted by the VILLAGE. No back- filling shall be done until the pipe and the work in the trench has been approved and tested by the inspector. LAW OFFICES OF JOHN J.MUNZEL 54B ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 SEVENTH. OWNER will, and by this agreement does , upon approval of the completed work, which the VILLAGE will indicate to the OWNER in writing dedicate the sewage collection facility and/or water line to the VILLAGE, and does hereby grant and `convey to the VILLAGE an easement and right of way for the purpose of laying, relaying, repairing, operatinq and maintaining sewage collection facility both supply and distribution, and appurtenan- ces , including domestic services in the full length and width of what is now or hereafter existing public or private streets in the premises as shown on the attached map The rights of way and easements shall also extend five feet on either side of the mains to be laid pursuant to this agreement, whether or not such distance shall be within the .roadway. The mains and appurtenances and the rights of way and easements shall be deeded to the VILLAGE, its successors or assigns. and shall forever remain the property of the VILLAGE, its successors or assigns . EIGHTH. The easements herein granted are not exclusive, an other easements in said streets may be granted by OWNER to other persons or corporations maintaining public services throughout the development, provided that no other mains are set within two feet of the sewage treatment facilities and no poles are set into the ground within two feet either side of a line on the surface directly above the mains . If a gas , water or other main or ser- vice necessarily crosses the sewage collection facility OWNER will advise the VILLAGE in writing of the exact location of the inter- LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE IIVERHEAD.NEW YORK 11901 • s section forthwith upon installation and shall supply maps to the VILLAGE showing the exact locations ., Said intersections shall not be permitted without prior written consent of the VILLAGE. S NINTH. If OWNER contracts with a third party for the WORK, as the parties contemplate will be the case, the VILLAGE will exa- mine the proposed contract, plans , and specifications , and promptly furnish OWNER and the third party contractor with a writ- ten statement of what part, if any, of the WORK proposed to.-.such contract should be revised to insure approval by the VILLAGE. The VILLAGE will not require any abnormal conditions , unless the situation at the site shall require them. TENTH. Upon completion, inspection and approval the VILLAGE will collect the sewage from the development and the owners of the lands therein at the rates and pursuant to the rules and regula- tions of the VILLAGE in force from time to time. ELEVENTH. The parties understand that final approval of the OWNER' S applications has not been given by all necessary public authorities . The VILLAGE enters into this agreement to assist OWNER in securing such approval, and by way of contrac- tually assuring to OWNER public sewage system if said applications are approved. TWELFTH. The VILLAGE shall require a cash payment of seven hundred two (702. 00 ) dollars per motel unit to be recorded as a consumer hook-up deposit and placed in a key money reserve account LAW OFFICES OF to help maintain and expand the sewage treatment facilities of the JOHN J.MUNZEL 548 ROANOKE AVENUE 31VERHEAD•NEW YORK 11901 VILLAGE as may be necessary from time to time so as to assure OWNER of future adequate sewage disposal. It is contemplated by this contract that the OWNER anticipates construction of 76 motel units. Upon execution of this agreement, the OWNER shall deposit with the VILLAGE the sum of seven hundred two ($702. 00 ) dollars times 76 motel units for the total of fifty three thousand three hundred fifty-two ($53 , 352. 00 ) in bank or certified check. This per motel unit amount may be amended froin' time to time, depending on findings by the VILLAGE'S consulting 'engi- neers , Holzmacher, McLendon and Murrell , P.C. or their successors and upon approval by the Village Board of Trustees. In the event that the per motel unit cost is increased or decreased between the execution of this agreement and the application for sewer hook-up, the OWNER shall pay the VILLAGE, upon application for sewer hook- up, the difference between the per motel unit amount specified herein and the per motel unit amount required by the VILLAGE at the time of the application for sewer hook-up times the number of motel units covered by said application . Said payment shall be in bank or certified check and shall be paid to the VILLAGE prior to any hook-up for sewerage. In the event that the OWNER does not complete the project as contemplated by this agreement or does not make application for the full number of motel units allotted or specified herein, the VILLAGE shall keep all funds so deposited by the VILLAGE as the sole exclusive property of the VILLAGE and the OWNERS shall have no claim thereon . LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE . RIVERHEAD.NEW YORK 11901 a 1 Notwithstanding the above, in the event that the Town of Southold does not approve the application of OWNER, the VILLAGE will refund the aforementioned amounts with thirty ( 30 ) days of receipt of notice of disapproval. THIRTEENTH. The WORK contemplated by this agreement shall be completed within 24 months of f-inal approval of plans by the Town of Southold, or within additional periods of 24 months each, however, it is hereby mutually agreed and understood that all spe- cifications in reference to materials used for the construction of said system, WORK to be completed, and/or sewage collection faci- lity shall be changed to conform with the then current standards as set by the Village of Greenport Sewage Department, its suc- cessor, or its authorized agent at each such interval. FOURTEENTH. The OWNER agrees that upon completion of the WORK in accordance with any contract made pursuant hereto, title to the sewage collection facility so installed and laid shall be deemed to the be in the VILLAGE, and the OWNER shall in confir- mation of such passage of title, execute an instrument trans- ferring and assigning to the 'Sewage Collection Facility the title, free and clear of all encumbrances or liens to the sewer lines so laid and installed. and if dwelling units allotted or specified herein , the VILLAGE shall keep all funds so deposited by the VILLAGE as the sole exclusive property of required by the VILLAGE shall procure from all persons having an inte.rest .in the land in which said sewage collection facilities so .lie a proper easement LAW OFFICES OF JOHN J.MUNZEL 648 ROANOKE AVENUE RIVERHEAD.NEW VORK ' 11901 in favor of the VILLAGE for the perpetual maintenance, repair or replacement of said sewage collection facility including the right to extend the facility and to connect them with other facilities as to be lard by or under the supervision of the VILLAGE. ` The instruments so executed shall be in recordable form FIFTEENTH. The VILLAGE agrees that when the installation of the sewage collection facility has been completed, pursuant, to the terms of this agreement, and proper easements have been give, all as hereinbefore provided, the VILLAGE will accept the assignment and conveyance of the sewage collection facility and maintain them thereafter and collect sewage for the consumers subject to con- ditions , rates , rules and regulations of the VILLAGE. SIXTEENTH. Should the OWNER desire to lay a sewer collection facility in sections , separate construction contracts may be let for such sections providing the extent of such separate sections shall be in the opinion of the VILLAGE sufficient to warrant a separate consideration and shall be in the best interests of the overall sewage collection system of the VILLAGE. SEVENTEENTH. This agreement contains the complete agreement between the parties for the acquisition by the VILLAGE of the sewage collection system, and the OWNER agrees that it will not make any claims against the VILLAGE on account of the installation of the sewage collection system and acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which may or may not be enacted. LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW VORK 11901 EIGHTEENTH. This agreement shall inure to the benefit and shall bind the respective heirs , legal representatives , successors or assigns of the parties hereto. NINETEENTH. This agreement shall not be assignable by the OWNER without the consent in writing of the VILLAGE which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement n' four ( 4 ) counterparts , all of which shall constitute originals , th day and year first above written. ATTEST: VILLAGE OF GREENPORT '. By: --- Cle r-k- / GeorgeeW.�Hubbard, Mayor U CLIFFSIDE ASSOC PTES , a limited partnership by: NEIL ESPOSITO LAW OFFICES OF JOHN J.MUNZEL 5413 ROANOKE AVENUE RIVERHEAD.NEW VORK 11901 I Y ' STATE OF NEW YORK) COUNTY OF SUFFOLK) On the lS day of February, 1987 , before me personally came NEIL ESPOSITO, general partner of the limited partnership known as CLIFFSIDE ASSOCIATES to me known and known to me to be the indi- vidual described in and who executed the foregoing instrument, and acknowledged that they executed the same, and that he was authorized to execute said document. t - of :`;cw York 210 NOTARY PUBLIC County _�7 STATE OF NEW YO K) COUNTY OF SUFFOLK) Y On the /G day of_ 1987, before me personally came GEORGE W. HUBBARD to me known, who, being duly sworn, did depose and say the he resides at No. 178 Central Avenue, Greenport, New York 11944 , that he is the Mavor of the Incorporated Village of G.reenport, the municipal corporation described in and which exe- cuted the .foregoing instrument; that he knows the seal of said instrument is such corporate seal; that it was so affixed by order of the Board of Directors or said corporation, and the he signed his name by like order . NOTARY PUBLIC,Stale Kof N.Y NOTARY PUBL IC / Termu Suffolk CO. &*301I9� LAW OFFICES OF JOHN J.MUNZEL 548 ROANOKE AVENUE RIVERHEAD.NEW YORK 11901 :1 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 /r�ol TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Ap r i 1 20 , 1987 To : Southold Town Planning Board Main Road Southold , NY 11971 Mr. David Emilita Southold Town Planner c/o Planning Board Southold , NY 11971 Re : Tidemark/Cliffside Associates Gentlemen : This letter will confirm the following position and status in the above matter : (a ) The Board of Appeals at our Regular Meeting held April 2 , 1987 , concurred with the most recent designation by the Planning Board for lead agency status concerning the site plan elements on the Amended Project of Tidemark for 76 motel units . It is our opinion that the site plan elements , including parking , drainage , curb cuts , screening , etc . will require a broader review since it affects the land and construction directly . The Special Exception review involves only use and is not directly related to new construction or site changes . We would like. to request that you coordinate in order that we may assist you in the reviews at the town level once the next step is initiated . (b) The Draft Environmental Impact Statement received by us on March 20 , 1987 indicates an amendment for the 76 motel units ; however , we do not agree the DEIS has been amended to properly reflect this new project and feel that the issues concerning traffic safety should be addressed further . It is also our understanding that an application is still pending with the Suffolk County Health Department , although a contract with the Village of Greenport concerning water and/or sewage may have been recently approved . r Page 2 - April 20 , 1987 To : Southold Town Planning Board Mr . David Emilita , Town Planner Re : Appl . No . 3542 as Amended - TideMark/Cliffside Associates Please coordinate your reviews with us directly ; and if there is any way we may assist you , please let us know. Yours very truly , �r GERARD P . GOEHRINGER CHAIRMAN lk cc : Richard Pellicane , Esq . Mr . Henry E. Raynor , Jr . Building Department Mem, .ind.um from . . . . Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 'Date: 4/20/87 To: MEMORANDUM FOR THE RECORD k Subject : TIDEMARK/CLIFFSIDE ASSOCIATES Telephone conversation today with Henry Raynor as to status of ZBA file . Advised that Town is reviewing DEIS submitted on or about 3/20/87 through Dave Emilita . ZBA will not schedule without. finalized SEQRA. Henry will advise us of status of original appli.cation with Health Department. . Memi ind.um from . Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 'Date: .. 3/24/87 To: MEMORANDUM FOR THE RECORD "&K:x Subject : TIDEMARK/CLIFFSIDE ASSOCIATES Mr . Emilita will review Draft EIS received 3/20/87 - it appears incomplete at this time and he will make notations and advise PB & ZBA. DEIS does not reflect some concerns requested by ZBA in Positive Declaration . — LEAF was not received by ZBA as of 3/24/87 . File is incomplete pending receipt of Co . Health Dept . action , Village contract (signed by Village ) , DEIS for 76 motel units , LEAF. Copy of DEIS distributed to Chairman (ZBA) 3/24/87 . 064 /mar�-�-u-- •��a�� . `�o � �L` �� , �Jl - i RICHAI3D PELLICANE (516) 283-7200 ATTORNEY AT LAW March 9 , 1987 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Attn: Mr. Gerard Goehringer Re: Cliffside Associates (Tide Mark) Dear Mr. Geohringer: I have forwarded to your Board the executed copies of the water & sewer contracts for Cliffside Associates. I believe this completes the necessary require- ments from your Board for a determination on the Special Exception use for this property. Please schedule same for your earliest possible agenda. Very truly _yours, a Richard Pellicane RP: sjk cc: Mr. Kenneth Tedaldi Mr. Henry Raynor 25 BOWDEN SQUARE,SOUTHAMPTON,NEW YORK 11968 T LD k Southold, N.Y. 11971 (516) 765-1938 December 1, 1986 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 RE: -Site plan for Cliffside Associates Dear Mr. Raynor: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, November 24 , 1986 . RESOLVED that the Southold Town Planning Board refer . the site plan for Cliffside Associates for construction of 76 motel units located at County Route 48 , Greenport to the Building Department for certification. Site plan dated May 15, 1986 and includes an office, tennis courts and pool all proposed as amenities to the motel units. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the site plan proposal for Cliffside Associates for 76 motel units with amenities located at Greenport. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary P.S. - Would you please forward three site plans for our referral to the Building Department. Thank you. E 2 ' BOARD OF ZONING APPEALS : TOWN OF SOUTHOLD: ---------------------------------------X The matter of the application of Cliffside Associates AFFIDAVIT ---------------------------------------X STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) Neil Esposito being duly sworn desposes and says : That I am a partner of Cliffside Associates, the applicant with respect to an application pending before the Board of Zoning Appeals of the Town of Southold for a special exception permit to permit the construction of 76 motel units on the property located at Greenport. That we have obtained contracts and approval from the Village of Greenport for the installation and hook up of public water and public sewer to the site. Accordingly the site will be serviced by both public water and public sewer as is required pursuant to the provisions of the Zoning Code of the Town of Southold Ne Es sito Sworn to before me �,�:-.,,, b this '" day of Nev—ems, 1986 NOTARY PU LIC KATHLEEN SMITH NOTARY PUBLIC 51afe of No\%} No. 52 - 4603210 ' a Qualified In Su k noun{ Commjasion Expires, .� DEC 2 2 I,986 DECLARATION DECLARATION, made the day of 1986 by Cliffside Associates, a New York partnership having its principal office at 72 North Ocean Avenue, Patchogue, New York 11772, hereinafter referred to as DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of a certain parcel of real property located in the Town of Southold, County of Suffolk, State of New York which is more particularly bound and described on Schedule A annexed, and WHEREAS, the Declarant has received site plan approval from the Planning Board of Town of Southold on for the construction of 76 motel units on the subject property, and WHEREAS, for and in consideration of the granting of said approval , - the Planning Board of the Town of Southold has deemed it to be in the best interest of the Town of Southold, and the prospective owners of the subject property that the within covenant be imposed on said property, and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be in the best interest of the Declarant and the subsequent owners of the subject property. NOW THEREFORE THIS DECLARATION WITNESSETH That the Declarant for purposes of carrying out the intention set forth herein does hereby make, publish, covenant and agree that the subject premises shall hereafter be subject to the following covenant :which shall run witn the land and shall be binding upon the Declarant and all subsequent owners of the subject property or any part thereof, their heirs, legal representative, distributees, successors and assigns, to wit : That the within described property shall only be used for resort motel, hotel, marina, conference facilities and other uses now or hereinafter permitted under the zoning law of the Town of Southold as said law may from time to time be ammended. That this Declaration and Covenant may only be modified at the request of the owner or owners of the subject property with the approval of a majority of the members of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has executed the aforementioned Declaration on the day and year first above written. CLIFFSIDE ASSOCIATES By: Neil Esposito, General Parnter STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the day of 1986 before me personally came to me known to be the individual described and who executed the foregoing instrument as a General Partner and he acknowledged that he executed the same and said capacity. . NOTARY PUBLIC T0. 0v.s U; `LD cry u•,s x�.�} n ` -, `' Southold, N.Y. 11971 (516) 765-1938 June 3 , 1986 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Re: Site Plan for ""Cliffside Associates" located at Greenport Dear Mr. Raynor: With-regard to the above' mentioned . site plan dated May 15, 1986 for construction of 76 motel units, the Board requests that a contract from the Village of Greenport for supplying water and sewer be submitted. This information is needed prior to the Board' s review in order to substantiate the density proposed. The Board also requests that drainage calculations be submitted to conform to the Town of Southold specifications. With regard to the layout, the Board is not in favor of three story buildings. Please contact this office if you have any questions. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary I 5 J N A3,� �'J RICHARD PELLICANE (516) 283-7200 ATTORNEY AT LAW .. November 3 , 1986 Southold Town Board ,of Appeals Main Road Southold, NY 11971 Re: Application No. 3542 (Amended) - Tide Mark (Cliffside Associates) Dear Sirs: Enclosed please find a copy of the N.Y.S. Department of Environmental Conservation' s.' letter claiming no jurisdiction. We had forwarded a copy of the amended plan to the Building Inspector on July 28 , 1986 . We are assuming he has contacted you since that time. J Copies of correspondence with the :Village of Greenport concerning public water & sewage can be P 6 & found in the Planning Board' s file. We had one problem with the adjacent owner ' s notification (see attached) . My office rechecked the Assessor ' s records and there has been no change of address filed. The other required items should be submitted shortly. Very truly yours, /Richard Pellicane SJK/ Encl . 1 25 BOWDEN SQUARE, SOUTHAMPTON, NEW YORK 11968 r, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Unit Bldg. 40, SUNY---Room 219 Stony Brook, N. Y. 11794- 751-7900 SY 0,4 RE: l.�rT r- hv�wua G�cc7�iy� Dear 1 / A review has been made of your proposal to: e;ehs"ivy-�� 7-Z x--0 / � y � Location: C'e'y8fiu -*- Y, � G � /b _ Y� � — ! New York State epartment of Environmental Conservation has found the parcel project to be: Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100' in length constructed prior to September 20, 1977. Landward of existing 10' contour elevation above mean sea level on a gradual, natural slope. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' . contour or topographical crest (as indicated) . ✓Landward of topographical crest of bluff, cliff or dune in excess of 10' in -elevation above man sea level. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated) . Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental Conservation Law) is required at this time since the current proposal is beyond State mandated jurisdiction pursuant to this act. However, any additional work or modifications to the project may require a permit. It is your responsibility to notify this office, in writing, if such additional work or modifications are contemplated. Very truly yours, Alternate Regional Permit Administrator Officers I UTILITY OFFICE TEL. (516)477-1748 MAYOR wage o/ gree/1 opt GEORGE W.HUBBARD INCORPORATED 1636 POWER PLANT TEL. NEW INCORPORATION APRIL 7.1666 (516)477-0172 TRUSTEES RE-INCORPORATION UNDER GENERAL LAW MAY 46. 1694 JEANNE M.COOPER GAIL F.HORTON �y DAVID E.KAPELL ••"• ••-- � F< WILLIAM H.LIEBLEIN i • ,�I.S;, NCISLAN � SUPT.OF UTILITIES A~JAMES I.MONSELL 236 THIRD STREET — I GREENPORT, SUFFOLK COUNTY NEW YORK 11944 October 10, 1986 I f I j Bennett Orlowski, Jr. I Chairman - Planning Board Town of Southold Main Road i Southold, N.Y. 11971 Dear Mr. Orlowski: The Village of Greenport has authorized contract preparation for the project known as Tide Mark I, north Greenport. When the -contract is signed by all parties, we will forward a copy to you for your files. If I can be of further service, please call. Very tr yours, James I. Monsell Superintendent of Public Utilities JIM:jg CC: Mayor, George Hubbard All Trustees Village Attorney Utility Committee o Henry Raynor 1 U� �o Southold Town,Toard of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N:Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. August 1 1 , 1986 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Richard Pellicane , Esq . 25 Bowden Square Southampton , NY 11968 Re : Appl . No . 3542 (Amended) - Cliffside Associates/Tide Mark Dear Mr. Pellicane : This letter will confirm a recent telephone conversation with your secretary that the board has deemed the file incomplete at this time pending receipt of the following : (a ) N. Y .S . Department of Environmental Conservation approval in accordance with Section 661 . 5 (b) ; (b) Suffolk County Health Department approvals ;. (c ) Planning Board preliminary approval or written input coordinating its comments. under its reviews per Article XII._I ; ( d) copy of Building Inspector ' s amended . certification as required by Section 100-133(C ) ; (e ) . copy of executed agreement or contract wi.th the V( Village of Greenport concerning public water and/or public ",jsewer ; _ pB M affidavit certified by the applicant/property owners that the premises will be-. served by public water and public sewer Utilities . Thank you for your assistance ; : if you have any questions , please don ' t hesitate to contact our office . Yours very truly , GUARD P. GOEHRINGER lk CHAIRMAN . cc : Building Department Planning Board oS�FFo�co � . T Southold Town. Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. A u g u s t 11 , 1986 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Richard Pellicane , Esq . 25 Bowden Square Southampton , NY 11968 .Re : Appl . No . 3542 (Amended) - Cliffside Associates/Tide Mark Dear Mr. Pellicane : This letter will confirm a recent telephone conversation with your secretary that the board has deemed the file incomplete at .this time pending receipt of the following : (a ) N. Y .S . Department of .Environmental Conservation approval in .accordance with Section 661.. 5 (b.) ; (b) Suffolk County Health Department.:approvals ;. (0 Planning Board preliminary approval or written input coordinati.n.g its comments. under its reviews _per Ar.ticle XIII ; (d) copy of Building Inspector ' s amended certification as required by Section 1.00-133(C ) ; (e) copy of executed agreement or contract wi.th the Village of Greenport concerning public water and/or public sewer ; ( f), affidavit certified by the applicant/property owners that the premises will be.. served by pu.blic..water and publi.c sewer utilities . Thank you for your assistance; if you have any questions , please. -don ' t .hesitate to contact our office . Yours very truly , GERARD P . GDEHRINGER 1 k CHAIRMAN,. cc : . Building Department Planning Board 7:50 r - kppl. No. 3827- 8:20 p.m. Appl. No. 3852-• 8:45 p.m. Appl. No. 3770, EDWIN 1SCHERF Vari- ELLIOT PASKOFF. mce to ance to tint coning Ordinance,, PORT OF EGYPT Variance to''• ' Article I,Section 106-20,(Arti- the Zoning Ordina� _. article the Zoning Ordinance, Article cle III,Section 100-31,as disap- III A, Section 100-30A.3, (Ar-'- XII,Section 100-121C-122,(Sec- NOTICE OF HEARINGS proved), for approval of insuf-),'° ticle XXIII,Section 100-231(A), •..tion 100-239D,as disaPP roved ) ficient areas in this pending sub- as disapproved),for permission for permission to construct Boat "NOTICE IS HEREBY GIVEN, pursuant to Section. division-(R-40 Zone District.) to construct an attached deck . Storage Building with insuffi- 267 of the Town Law and the: Property Location:. 350 Wood.:• with insufficient side yard and I, ..cient setbacks and excessive lot Code of the Town of Southold, Lane, Greenport, Section 043, accessory fence(trellis)in front .,.coverage in this'Marine II (M- Block•04, Lot 29-30-35. yard at the height of more than .'AI).Zoning Zonin District. Property the following hearings will be ); g - P y held by the,SOUTHOLD 7:55 p.m. Appl. No. 3864- required 4 feet.Lot area is non-;.,: "'Location:' Main Road, . conforming in this R40 Zone ;Southold,County Tax Map IVo: TOWN BOARD OF APPEALS LOEPOLD STERN. Variance District.Property Location:205 '� at:.a Regular Meeting, at the ,:,to the Zoning Ordinance,Arti-: P y 1000,Section 056;Block 04,06L North Sea Drive,Southold,. NY Southold Town Hall, Main cle XXIII;Section 100-239d,B , `"'Lot 10.1,'11, 12.2,3.2;3.3,4,6.1:: County Tax Map No. 1000,Sec- 8:50 m. Appl..No. 3842- . Road, Southold; NY 11971, on (Article XXIV,Section 100-244, p PP THURSDAY,SEPTEMBER 21,' as disapproved),for permission lion 54,.Block 4, Lot 4. CRESCENT, BEACH CON 1989, at the following times: .'=< to construct a one'family dwell- 8:25 p.m. Appl..No. 3854= DOS..,Variance to..the Zoning NANCY.'STEIN. Variance, to:' ' `_Ordinance.Article.XXVII,Seo-. 7:30 p.m. Appl. No. 3861- ing with an insufficient rearyazd the Zoning`Ordinance, Article ; "lion 100-271,as disapproved,for . SOUTHOLD FREE LIBRARY. setback, approximately 75 feet III,Section 100-119.2.(Article I,':= Variance to the ,Zoning Or- :...,',from the bulkhead in.this R-40,,'� r Section 97-12C,as disapproved) Permission to enclose decks or: dinance, Article IX, Section Zone District.'Property Loca-"' patios.of units•to be enclosed 100-102,as Disapproved, non- tion: 1390 Ba for permission,'to construct a . `;-'with glass windows with insuffi= ( yview Drive, East deck"addition within 75 feet of conforming Bulk area and park- _ • -.;Marion,.County Tax Map Dis-:r: cient setbacks. Property Loca- trio 1000,Section 37,Block 5, water or wetlands. Zoning Dis- •- tion: End of Maple Lane, East ing requirements of the Hamlet P Business..District). Proposed = Lot 22. trict R-40. Property Location Marion,in this Resort/Residen= "8:00 p.m. Appl.,No. 3865 2535 Cedar Lane,East Marion,` tial(RR)Zone District,Count construction will have insuffi y cient total side yard setbacks.::;, ;'CHARLES :AND..CAROL. :' County Tax Map No. 1000,Sec Map No. 1000,, .Section 3$, . Property Location:53705 Main, ;. BURST.,Variance to the Zoning . Uon,037,.Block 04, Lot 10: -,,Block 7, Lot;21 units. $:30 p.m:•Appl. No:.3857 8:55 p.m. AppI._t_s No.- 'J860- Road, Southold; County 'lax Ordinance; Article III A, Sec. :";MICHAEL:.TOFI~ALIS. :Vari Map No.1000,Section 61,Block'' tion 100-30 A.3,as disapproved, =';'DR. :PAUL :MITCHELL., 1;Lot 14., 1.:., ;,• �{ "'for 'permission to constructer to the Zoning Ordinance, Variance to -the Zoning•:Or e, .. 3:35 p.m. Appl. No. 3859--''` - Article XXIV,Section 100-2441'0.; inance, Article III`A,,Section addition with insufficient side - As disapproved,'for permission' ` "'100-30A 3;'as'disa EMANUEL PIPERAKIS AND and rearyard setbacks in thi t° pproved, for to construct a deck addition, approval to construct a single DIMITRIOS AGRIROPOU- :' R-40 Zone District. Property gl g' Location: .705 Windy Point insufficient rear yard setback for family dwelling with LOUS. Variance to the Zoning-'. ,. g insufficient Road,County Tax Map District - "nonconforming lot in.an R-40 Ordinance,Article XXIII,Sec- front yard setback in this R-40 s•;:Zone, District: Property.Luca- Zone District. Property Loc - tion 100-239d(A)(1),as disap 1000,Section 87,Block 4,Lot 6. P y �5e roved, for permission to con '` `' ion: 50 Captain,Kidd'Drive;; -r tion:-1015 Munn Lane,.Orient, p P 8:05 p.m. Appl. No. 3866- Mattituck,County Tax Map No. struct an inground pool with HENRY ARBEENY. Variance ' County Tax Map District.1000, 'deck and fence,within 100 feet to the Zoning Ordinance,Arti- 1000,Section 106,Block 03,Lot Section 017. Block 02, Lot,08. from Sound in this R-40 Zone cle VIII,Section 100-82,as dis- 028 The Board of Appeals will at District.. Property Location: ... approved, for approval of 8:35 p.m. Appl. No 3858 said time'and place hear any and 3410 North Sea Drive, Orient; insufficient area in this pending BERNARD C Zoning Or i Vari,`" all,.persons or representatives ance to the Zoning Ordinance,.'' desirin County Tax Map No. 1000,Sec- subdivision, (Light Business '"Article '.' XXIII, Section .: g to be heard in each of" tion 15, Block 1, Lot 3. Zoning District(LB); Property the above matters.Written coni- 100-239d, B. Article XXIV, r. 7:40 p.m. Appl. No. 3798 Location: Route 48, Kenny's ( merits 'may also be.submitted Section 100-244,as disapproved) ELIZABETH McCANCE.Vaz- Road, Southold, County Tax,:' ;.:!.,prior to the.conclusion_of the g Map District1000,Section 059;" for permission to construct a ::subject hearing.Additional time ice to the Zoning Ordinance,. J g• Block 07, Lot 31. deck addition within 75 feet of for our, Article I, Section 106-20(Arti y presentation will be. cle III Section 100-31 as Disap- 8;10 bulkhead. Construction has available, if needed..For more p.m. Appl. No. 3849� insufficient total side yard set- . proved)for approval of insuffi- CIPITELLI BROS REALTY. information, please',.'.call cient area in this pending divi- backs in this R-40 Zone District: `" 765-1809. =' Variance to the Zoning Ordi- Pro erty Location:Watersedge sion of land of property, (R 80 nance, Article XXIII, Section P Dated: September"'1;108-1 '. Way, Southold, .County ,Tax - By ORDER OF THE Zone District.) Property Loca-` 100-239d,A(1),as disapproved, Map No. .1000, Section 88; tion: Mansion House Drive, for permission to construct a" :' <.;, '.:,•:`. SOUTHOLD TOWN., 5, Lot 63. do ";;;•:;;•r BOARD OF APPEALS"' Fishers Island;County Tax Map one family dwelling with an in-. g:40 p.m. Appl. No. 3542- GERARD P. OF AP EALS District 1000,Section 06,Block sufficient setback and withinNGER CLIFFSIDE (TIDE MARK). 05, Lot 3-5.1. :• 100 feet from Long Island CHAIRMAN. v , 7:45 p.m. Appl. No. 3863- Sound in this R-40 Zone Variance to'�the.'.Zoning Or- ' R'ya By Doreen Ferwerda NICHOLAS TSIRKAS. Vari dinance, 'Article .V, Section ,.: ,. ,;, :, ;,1X, 9/IV 9,(25)�'1 District. Location of Property: 100-50B Special Exception,(Ar- ance to the Zoning Ordinance, 90 Petty's Drive,Orient,Coun- ' ' ticle XIII, as disapproved) for Article XXIV,Section 100-244, ty Tax Map No, 1000, Section as disapproved, for permission 14, Block 2, Lot 24. - -_Unipermissions ith to construct si motel to construct a one family dwell- Units in this Resort/Residential 8:15 p.m. Appl. No. 3852- (RR) Zone District. Property ing with an insufficient 40' RICHARD DiBLASI.Variance frontyard setback in this R-40 to the Zoning Ordinance,'Arti- Location: 61475County County 4 p Zone District. Property Loca- i Greenport," County Tax Map cle III,Section 100 30A3,as dis- ' o• 1000,Section 045,Block Ol, tion: 2700 Sound Avenue, approved, for permission to . t 01. Greenport, County Tax Map construct open deck in front District 1000,Section 033,Block yard,,nonconforming with bulk " Ol, Lot 11. �1 area and parking regulations in. this R-40 Zone District.Proper- . ty Location:360 Bayview Drive, . East Marion, County Tax Map No. 1000,Section 037,Block 04, Lot 01. t!t�- 1:40 p.m. Appl. No. 3798 . <tion.100-ll9.2. (Article I,.Section : ELIZABETH McCANCE.Variance 97-12C,4-n disapproved)forpemmis- COUNTY OF SUFFOLK) to the Zoning Ordinance,Article L' ; lion to construct a deck addition Section 106-20(Article III.Section :'within 75 feet of water or wetlands. Of Mattituck, in 100-31 as Disapproved) for::' Zoning District R-40. Property patr cia Heaney - approval of insufficient area in this. ''Location: 2535 Cedar Lane, East n,says that he/she IS Principal pending division of land of proper-_:: , Marian;County Tax Map No. 1000, said County,being duly swor ty, (R-80 Zone District.)Property Section 037,Block 04,Lot 10. Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, Location:Mansion House Drive, 8:30 p.m.'Appl.No. 3857 Fishers Island; County Tax Map MICIIAEL TOFFALIS.Variance to published at Mattituck, In the Town of$Outh0ld,County @ District 1000,Section 06,Block 05, the Zoning Ordinance, Article Suffolk and State of New York,and that the Notice of which Lot-3 5.1. XXIV,Section 100-244.As disap- ublished in 7.45 p.m.Appl.No.3863-Ni- proved,for permission to construct the annexed is a printed copy,has been regularly p CHOLAS TSIRKAS. Variance to_ a deck addition,insufficient rear said Newspaper once each week for 1 weeks the Zoning Ordinance,.Article yard setback for nonconforming lot 14th day of XXIV,Section 100-244,as disap- _ in a R-40 Zone District. Property. successively, commencing on, the proved,for permission to construct: t'Location:50 Captain.Kidd Drive, a one family dwelling with an insuf- .% -.*-Mattituck, County Tax Map No. Sep ember 19$�- ficient 40'frontyard setback in this, 1000,•.Section 106,Block 03,Lot R-40 Zone District.Property Loca= ..':: :028: tion 2700 Sound.Avenue,Green-. `.`.. '8:35 p:m. Appl..No. 3858 - tri port,County Tax Map Disct 1000, BERI�IARD COSIMANO.Variance Section 033,Block 01,Lot 11. to the Zoning Ordinance,Article 7:50 p.m. Appl. No. 3827 XXIII,Section 100-239d,B. (Ard- *. Prrimcip Clerk EDWIN KINSCHERF.Variance to- cle XXIV, Section 100-244, as the Zoning Ordinance, Article I;.. disapproved)for permission to con- Section 106-20,(Article III,Section: struct a deck addition within 75 feet 100-31, as disapproved), for of bulkhead.Construction has insuf- approval of insufficient areas in this ficient total side yard setbacks in pending subdivision (R-40 Zone this R-40 Zone District.Property"; Sworn to befor.)me this 'District.)Property Location:350 Location: Watersedge Way, ', Wood Lane, Greenport,Sectiort,. Southold, County Tax Map No. ' day Of 9-�- 043,Block 04,Lot 29-30-35 1000,S NOTICE OF HEARINGS. 7:55 p.m. Appl. No. 3864-, ,, :40 p.m. Appl. No. 3542 �( .NOTICE IS HEREBY GIVEN,• � LEOPOLD STERN.Variance to the CLIFFSIDE(TIDE MARK). Vari- a� pursuant to Section 267 of the Town. r ARY K.De.GNAN Zoning Ordinance,Article XXIII,:";'' ante to`the Zoning Ordinance,Arti- aw and the Code of the Town of / ' OTkRY PUBLIC,State of New York Section 100-239d, B. (Article' cle V,•Section 100-SOB Special $�(foik County-4 4849960 XXIV,Section 100-244,as disap:. Exce Lion, Article XIII,as disc - Southold,the following h arings �IF9 p p ( p will be held by the SOU' HOLD Term Expires iebruarL:'r proved),for permission to construct. proved)for permission to construct TOWN BOARD.OF APPF LS at a a one-family dwelling with an insuf- 76 Motel Units in this Resort/Resi-." ;Regular Meeting,at th outhola ficient rearyard setback,approxi- dential(RR)Zone District.Property mately 75 feet from the bulkhead in Location:61475 County 48,Green Town Hall,Main Road,Southold, this R-40 Zone'District. Property ' port;County Tax Map No: 1000,;'., NY'11971', on THURSDAY; Location:1390 Bayview Drive,East Section 045,Block Ol Lot SEPTEMBER 21,.1989,at the fo1=. Marion,County Tax Map District p.m. ppl. No. 3770 lowing timesi 1000,Section 37.Block 5,Lot 22. PORT OF EGYPT.Variance to the 7:30 p.m.'Appl. No. 38161,= 8:00 p.m. Appl. No. 3865- Zoning Ordinance,Article XII,Sec SOUTHOLD FREE LIBRARY: ' CHARLES AND CAROL BURST. Lion 100-121C-:122,(Section.100- Variance to the Zoning Ordinance, Variance to the Zoning Ordinance, ';239D,As disapproved)for permis- Article DC,Section 100-102,as Dis-, Article III A,Section 100-30 A.3,as sion to construct Boat Storage approved, (nonconforming Bulk disapproved,for permission to con- Building-.with insufficient setbacks area and parking requirements of the; struct addition with insufficient side and excessive lot coverage in this . Hamlet Business district)Proposed and rearyard setbacks in this R-40 '_i; Marine-II(M-II)Zoning District. construction will have insufficient Zone District.Property Location:. Property Location: Main Road, total side yard setbacks. Property' 705 Windy Point Road,County Tax ...Southold, County Tax Map No.. Location: oust Main-Road; Ma •District 1000, Section 87 1000,Section 056, Block 04,06 Southold; County Tax Map No: p "` ; Block 4,Lot 6 ___-_ Lot 10.1,•11,12 2,3.2,3.3,4,6.1. - 1000,Section 61,Block 1,Lot 14. 7:35 p.m. Appl. No. 3 859 - 8:05 p.m. Appl.No. 3866- 8: 0 p.m. Appl.No. 3842- . EMANUEL PIPERAKIS .AND HENRY ARBEENY Variance to the CRESCENT BEACH CONDOS. DIMITRIOS AGRIROPOULOUS. Zoning Ordinance,Article VIII; `Variance.to the Zoning Ordinance, "" Variance to the Zoning Ordinance; Section 100-82.as disapproved,for Article XXVIL Section 100-271,as Article XXIII, Section.100-239d approval of insufficient area in this ., disapproved,for permission to en- (A).(1),as disapproved,for permis- pending subdivision,(Light Busi- close decks or patios of units to be. ness Zoning District(LB),Property -enclosed with glass windows with with deck and fence within sion to construct an ingrotmd pool Location:Route 48,Kenny's Road, ,insufficient setbacks. Property Southold,County Tax Map District , Location:End of Maple Lane,East feet from Sound in this ti Z100 one'. 1000,Section 059,Block 07,Lot 31. Marion,in this Resort/Residential District. Property Locationn:: 3410 8:10 p.m. Appl. No. 3849 (RR)Zone District,County Map North Sea Drive, Orient; County CIPITELLI BROS.REALTY. Vari- No. 1000,Section 38,Block 7;Lot Tax Map No. 1000, Section 15, Block 1,.Lot 3 ante to the Zoning ordinance,Amu 21 units. cle XXIII,Section 100 239d,A(1), `d" 8:55 pm.Appl.No.3860'-DR as disapproved,for permission to PAUL AurcHELL.Variance to the-- construct a one family dwelling !:•..Zoning Ordinance, Article III A, with a insufficient setback and with- Section 100-30A-3,as disapproved, in 100 feet from Long Island Sound °;.for approval to construct a single in this R-40 Zone District.Location family dwelling with insufficient of Property:90 Petty's Drive,Ori- front yard setback in this R-40 Zone ent,County Tax Map No. 1000, District. Property Location 1015 Section 14,Block 2,Lot 24. Munn Lane, Orient, County Tax 8:15 p.m. Appl. No. 3852_ Map District 1000,Section 017, RICHARD DiBLASI. Variance to Block 02,Lot 08. the Zoning Ordinance,Article III, The Board of Appeals will at said Section 100-30A3,as disapproved, time and place hear any and all per- for permission to construct open - sons or representatives.desiring to deck in front yard,nonconforming be heard in each of the above mat- with bulk area and parking regula- . ters.Written comments may also be tions in this R-40 Zone District.. submitted prior to the conclusion of Property Location: 360 Bayview the subject hearing. Each hearing, Drive, East Marion, County Tax ..,,.,,,.your presentation will be available,. ' Map No. 1000,Section 037,Block if needed. For more information,,, 04,Lot Ol:- A. please call 765-1809. `.. 8:20 p.m.Appl.No.3852-EL--*.:-.fi Dated,September 1,1989. LIOT•PASKOFF. Variance to the E BY ORDER OF THE SOUTHOLD Zoning Ordinance,Article III A; TOWN BOARD OF APPEALS Section 100-30A.3,(Article XXIII, i. GERARD P.GOEHRINGER Section 100-231 (A), as disap- CHAIRMAN- proved)for permission to construct By Doreen Ferwerda an attached deck with insufficient 6430-M14 side yard and accessory fence(trel- lis)in front yard at the height of more than required 4 feet. Lot area is nonconforming in this R-40 Zone District. Pmhperty Location 205 North Sea Dtiye, Southold,NY, County Tax Mali No.1W.,Section 54,Block 4,Lot 4:, 8:25 p.m. Appm. No.3854 NANCY STEIN..V�iriance to the Zoning Ordinance,Alrticle JIL SeF_ LUUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the _ Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, t� a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . / . . . weeks successively, commencing on the . . . • • • day o . . . . . . . . . . ".' . . .. 19 . �• Sworn to before me this . . . . . . . . . . . • • • • . . . . day of . . . . . . , 19 . . . . . . . .. . . . . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk County Commission Expires Ii ' I Southold Town Board of Anneals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516)765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. OEHRING� CHAIRMAN df Enclosure Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 Copies to the following on or about September 9, 1989: Suffolk Times, Inc. (Personal Delivery) L.I . Travel-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. Thomas C. Samuels, as Agent for Southold Free Library 25235 Main Road, Cutchogue, NY. 11935 Southold Pools, as Agent for Piperakis and Argiropoulous P.O. Box 1412, Southold, NY. 11971 Mr. Richard Lark, Esq. for Elizabeth McCance, Main Road, P.O. Box 973, Cutchogue, NY. 11935 Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361 Ms. Marie Ongioni, Esq. for Edwin Kinscherf, 218 Front Street, Greenport, NY, 11944 Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr. Peconic Associates, P.O. Box 672, Greenport, NY. 11944 Edson and Bruer, Attorneys at Law, Esq. for Charles and Carol Burst P.O. Box 1466, Southold, NY, 11971, Mr. Rudolph Bruer, Esq. for Henry Arbeeny, P.O. Box 1466, Southold, NY, 11971 Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty, Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716 Mr. Warren A. Sambach, Sr. for Richard DiBlasi, P.O. Box 1033, Cox Lane, Cutchogue, NY 11935 Mr. Charles R. Cuddy, Esq. for Elliot Paskoff, 180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901 Mr. Kenneth Stein, 5 Witchwood Lane, .Chappaqua, NY. 10514 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Lane, Mattituck, NY 11952 Mr. Jim Delucca, for Bernard Cosimano 12 Linda Lane, Riverhead, NY 11901 Mr. Garret A. Strang, for Paul Mitchell P.O. Box 1412, Southold, NY 11971 Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark) 184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978 Mr. Merlon Wiggins, For Port of Egypt 1 Bootleg Alley, Greenport, NY, 11944 Mr. William D. Moore, Esq. for Crescent Beach Condo. 'Main Road, P.O Box 23, Mattituck, NY 11952 Mr. and Mrs. Domenico LoRe 21 Chatteua Drive, Box 24, Oakdale, NY 11769 Mr. and Mrs. Nick J. Cassimates 150 Captain Kidd Drive, Mattituck, NY 11952 Ms. Margeret Drape 160 Breakwater Drive, Mattituck, NY 11952 i_, ^ Y� ah =� Southold Town Board of Appeals r - MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y'. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD Date: September 21 , 1. 989 MEMBERS S.E.Q.R.A. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. UNLISTED ACTION SERGE DOYEN, JR. JOSEPH H.IN SAWZIO,CKI JR. Notice of Determination of Non-Significance DAMES DINIZIO, JR. - Appeal No. 3542 Project/Applicants: Cliffside (Tide Mark) County Tax Map No. 1000- 45-1-1 Location of Project: 61475 County Rd. , Greenport Relief Requested/Jurisdiction before this Board in this Project: Construct 76 Motel Ohits in this Resort/Residential (RR) ZoFhis Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { X } this Board assumes Lead Agency status and determines this project to be an Unlisted Action (uncoordinated) noting these findings: i the project is proposed in an area with land contours 10 or more feet above mean sea level; { }bulkheaded; the area seaward of the proposed construction is { } the project is proposed landward of existing structures; { } this Board does not wish to be Lead Agency since the area of jurisdiction is minimal and not directly related to new construction (such as nonconforming use variance or use permits) ; { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted within the next 20 days. For more information, please contact our office. Copies to: Planning Board, Town Trustees, N.Y.S. D.E.C. and/or Suffolk County Department of Health Services. tr • Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLF,RK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 28, 1986 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold .Town Clerk Tranmsitted herewith is Zoning Appeal No . 3542 application of Tide Mark (Cliffside Associates) for a special exception. Also included is Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land-Use; Notice to Adjacent Property Owners; and slit"e plan. Judith T . Terry, Southold Town Clerk • r RICHARD PELLICANE (516) 283-7200 ATTORNEY AT LAW July 28 , 1986 Board of Zoning Appeals Town of Southold Main Road Southold, NY 11971 Re: BZA Application - Tide Mark (Cliffside Associates) Premises: Middle Road, Greenport, NY Dear Board Members : Enclosed please find an application for Special Exception permission for the construction of motel units in connection with the above premises. A previous application was made with respect to this site, which I would like to amend at this time. Should you require any additional information, please contact my office. Very truly yours, Richard Pellicane SJK/ Encl. 25 BOWDEN SQUARE, SOUTHAMPTON, NEW YORK 11968 'OWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We) , Cliffside Associates of 72 N. Ocean Avenue (Residence, House No. and Street Patchogue, NY 11772 (Hamlet, State, Zip Coae, Telephone- Number hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE v SECTION . 1 0 0-50 , .SUBSECTION B (4) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): S..C. Tax Map #1000-0.45-01-02 Property is located on the northwest side of Middle Road (C.R. 48) , Greenport, New York.. Property is currently zoned M-1 Zone.. Request is hereby made for Special Exception permission to construct 76 motel units in accordance with Section 100-50 B (4) of the Code. The proposed use will comply with Section 100-121 C of the Code. . A. Statement of Ownership and Interest. Cliffside Associates is(are) the owner(s) of property known and referred to as Middle Road C. 48 k House No. , Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 45 Block 1 , Lot(s) 1 & 2 which is not (is) on a subdivision Map (Filed , "Map of Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned M—1 and [ ] i.s .consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [X ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : �'�1.�. ($1 gna ure Richard Pellicane Sworn to before methis as day of July 1986 Attorney for Applicant (Notary i c MARY LOU DREEBEN NOTARY PUBLIC, State of New York ZB2 (rev. /6/86) No.4763129, Suffolk County Commission Expires Mafeh 30, 19_ s y7,c BOARD OF APPEALS, TOWN OF SOUTHOLD 8 f In the Matter or the Petition of Cliffside A:]sociates NOTICE TO to the Board of Appeals o� the Town of Southold ADJACENT TO: Patrick & Rose Stewart PROP RE TY OWNER 18 Wilson Street Hartsdale, NY 10530 YOU ARE HEREBY GIVEN NOTICE: qm 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ecial Exception (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: S C Tax MaID No 1 000-4 5-1 -1 & 2 Northwest side of Middle Road (C.R. 48) , Greenport, NY 3. That the property which is the subject of such Petition is located in the following zoning district: M-1 General Multiple - Residence District 4. That by such Petition, the undersigned will request the following H:bxft: Special Exception permission for the construction of 76 motel units 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article �I____V-- Section 100-50 B (4) [ ] Section 28,-ACC , New York Town Law for approval of access over right(s)-of-way. 6. That within fii days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold l own Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7t 5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 25, 1986 Petitioner Richard Pellicane Owners ' Names : Cliffside Associates Post Office Address c/o Richard Pellicane 25 Bowden Sq. , Southa=ton, NY 11968 (Te 1 . (516) 283-7200 ) I I I � PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS IF P 287 850 097 RECEIPT FOR !_ , 'CERTIFIED MAIL I NO INSURANrt COI. VERAGE PROVIDED NOT FOR INTERNATIONAL MAIL f�/1 SENDER: Complete items 1,2,3 and 4. (See Reverse) o Put your address in the"RETURN TO"space on the w Sent to 3 reverse side. Failure to do this will prevent this card from Patrick & Rose Stewart ® W being returned to you.The return receipt fee will provide � you the name of the person delivered to and the date of „n Street and No Z" delivery. For additional fees the following services are "' 18 Wilson_Street w available. Consult postmaster for fees and check box(es) a P Hasr sda�e;odA for service(s)requested�s NY 10530 vi Postage S w t ❑ Show to whom date and address of delivery. A 2 ❑ Restricted Delivery. it Certified Fee j co 3 Article Addressed to: , Special Delivery Fee Patrick & �Rose Stewart Restricted Delivery Fee °18 :Wilson 'Street Hartsdale, NY 10530 Return Receipt showing to whom and Dale Delivered71 co rn _ Return Receipt showing+ 4 Type of Service Article Number Date, nd Address or i� yr t v , 0TO g ❑ Registered ❑ Insured P 287 „'g50 097 ,. c TA' Posta e .r Fes i 5 7 ,67 21 Certified k.❑ COD o `�I ❑ Express Mall Postmark or Daco '� wm (/j Always'obtaln signature of addressee or agent and DATE DELIVERED 0 0� ®S_ 5.-Signature .Addressee X N 6. Signature—Agent X --m 7. Date of Delivery y Z 8. Addressee's Address(ONLY if requested and lee pa I m STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss" Sherry Kiseak residing at ( o #) Catain's Neck Tap,P, Southampton, NY 11968 , being duly sworn, deposes and says that on the 25th day of July , 19 86 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southampton, NY- ; that said Notices were mailed to each of said persons by certifie (registered) mail. Sherry Kiselyak Sworn to,before me this 25th day of July 19 86 j Notary Public MARY LOU DREEBEN NOTARY PUBLIC, Stat( dt hid 16rk No. 4763129, Suffolk 94-ail Commission Fxpires l4a►eb 30 I ..•. (This side does not have' to be completed on form transmitted to adjoining property owners . ) I BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter car the Petition of Cliffsid;e Associates NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: E. Banks & others PROPERTY OWNER Box 445 Greenport, NY 11944 YOU ARE HEREBY GIVEN NOTICE: 9* 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) Special Exce lion (Special Permit) (Other) [circle choice) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: S.C. Tax Map No. 1000-45-1-1 & 2 Northwest side of Middle Road (C.R. 48) , Greenport, NY 3. That the property which is the subject of such Petition is located in the following zLing district: M-1 General Multiple-Residence District 4. That by such Petition, the undersigned will request the followingmtinfx: Special exception permission under Article V, Section 100-50, Subsection B (4) of the Code of the Town of Southold for the construction of 76 motel units. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article V Section_ 10 0-5 0 B (4) [ ] Section 280�, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Matti tuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 25, 1986 Petitioner Richard Pellicane Owners ' Names : Cliffside Associates Post Office Address c/o Richard Pell;cane 25 Bowden Square, Southampton, NY 11968 (Tel . (516) 283-7200 ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS d P 287 850 L RECEIPT FOR CERTIFIED 1, NO INSURANCE COVERAGE PROVIDEDy NOT FOR INTERNATIONAL MAIL (See Reverse) i' I N SENDER: Complete items 11 2,3 and 4. n Sent to o Put your address in the"RETURN TO"space on the a E. Banks & others 3 reverse side. Failure to do this will prevent this card from ra being returned to you.The return receipt fee will provide u, Street and No pp of -+ you the name of the person delivered to and the date of Box�45 delivery. For additional fees the following services are d P O. State and ZIP Code C available.Consult postmaster for fees and check box(es) Greenport, NY 11944 < for service(s) reclussted. Postage S Uj W 1. ❑ Show to whom,date and address of delivery Certified Fee "� 2 ❑ Restricted Delivery. Special Delivery Fee i 3. Article Addressed to: Restricted Delivery Fee E. "Banks & others A Return Receipt showing Box 445 "- to whom and Date Delivered Green port, •NY 11944 m m Return Receipt showing t hds Date, and Address of D If ery d 4 Type of Service Article Number TOTAL Postage and ' s ❑ Registered ❑ Insured P .287 850 9 9 1 � El Certified ❑ COD Postmark or Datefii1�n ❑ Express Mail c3 dd!!!! E Always obtain signature of addressee or agent and UIL DATE DELIVERED n 5. Signature—Addressee --- 3 -y 6. Signature—Agent X j m 7. Date of Delivery C Z 8. Addressee's Address(ONLY ifrequeSted and fee paid Cm') m v -.l STATE OF NEW YORK ) ss COUNTY OF SUFFOLK ) Sherry Kiselyak residing at (no 4) Captain's Neck Tan(, Southampton, NY 11968 , being duly sworn, deposes and says that on the _25t-h_ day of July , 19 86 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southampton, NY ; that said Notices were mailed to each of said persons by certifie (registered) mail. Sherry Kiselyak Sworn.to before me this 25th day of July 19 86 Notary Public MARY LOU DREEBEN NOTARY PUBLIC, Statd df Ndi.� fbrk No. 4763129, SUI1olk 00111i Commission Expires M&O 3Nr I� g (This side does not have to be completed on form transmitted to adjoining property owners.. ) FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. Date . . . .� . . . . . . . . . .. 19�� . . PLEASE TAKE NOTICE that your application dated . . . .J,.4- . . . . . . . . .. 19 for permit to construct . . . . v.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Propertya �. . . . . . . . . . .. . . . . . . . . J�'. . . . . . . House No. Street V Hamlet County Tax Map No. 1000 Section . . . ..4� . . . . . Block . . . . ®. . . . . . . ..Lot . . Ir . . . . . . . . Subdivision . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . '�. . . Ij . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 Tree N Y . S n v i r o n m e n t a I Quality Rev Act ►•squire; club- mission of t ` form, and an environmen review will be made .by t h i s ouard before any action i s Laken . r SHORT ENVIRC%iME?1T.kL ASS;'SS''!E'IT I:OA'1 {' r / vK S ,t I;ISTpl'CT'_G''.SS i ? S' + I}iz '. (a) In order to answer the questions in this short EAF is is assured that the '. L proparer will use currently available information concerning the project and the likely impacts of the action. It is not erected that additional ntudie-, roeearc�: y or other investigations will be undertaken R 't' Yj I y r q :..i, 1 .:r':, - .. - .. !.•' . '! ' .iil {�'1`S 1 ' (b) If any question has been answered Yes the project may be significant f' '', 'cc aleted Environmental Assessment Form is necessary. yt+ Sty ' t;:.•... . '`. .� . . ,'i' :11. 6i?tiF`�fia`. rc ., (c) If all questions have been answered No it is likely that this project is nc significant. f t';t i�fi'1°.i1.S�1 jt1 t `;if:t ''', 1, •'. ' -+, + ° ' ` '� Y' {�It 1, l ;l`.t C+ms x �f (d) Environmental Assessment t r Will project result in a large physical change to the project site or physically alter more r t ?;` < do t•'i .v a .i ,- than 10 acres of land? . • • • . • • •• • . No ' + Yes yy. titlt i 2. Will there be a"major change "to any unique or i Yes No Unusual land form found on the site? • ! 1 .. ''�. ''� 3• Will project alter or have a large effect on t j >i ! an existing body of water? . . Yes X. '' No Yy `It" 4. Will project have a potentially large impact on groundwater quality?. • . Yes " No 5• Will project significantly effect drainage flaw on adjacent sites? • • • • • • • • • • • • Y03 vv L�' No _ 6.' Will project affect any threatened or endangered .r:rtf•�%i'•,. plant or antral species? • • • • • • • • • • • Yes X No 7. Will project result in a major adverse effect on air quality? Ycs X: No Will project have a as jor effect on visual char- L aster of the co.%"iunity or scenic views or vistas rt,: known to be important to'the community? Yes tJo 9• Will project adversely impact any site or struct-- k, cre of historic, pro—historic, or palbontologicultrid; importance or any site designated as a critical environmental area by a local agoncy? Yes X No 77 10. Will project have a major effect on existing or future recreational opportunities? Yea X" 11. Will project result in major traffic problems or cause a major effect to existing transportaticn systems? • Yes X '" No_ 12. Will project regularl/ cause objectionable odors, noise, glare, vibration, or electrical disturb- ance an a result of the project's operation? Yes X' t!a 1). Will project have any impact on public health or safety'' . . • , . . Yes X 1.0 14. Will project affect the existing community by directly causing a growth in permanent poptLla— tion of more than 5 percent over a one—year period or have a major n,gative effect on t`le character of the coc:nunity ;r neightorhood? . Yes X No , ;• : - 15. Is there public controversy concerning the project? Yee X No PREPARER13 S!'MNATIRE: c. ," Attorney for Applicant n:rRESENTING: liffside Associates DATE: July 21, 1586 _ July 21, 1986 (Tcday ' s Date) To: Southold Town Board of appeals Main Road Southold, NY 11971 Re : Anneal Application of Tide Mark (Cliffside Assoc. ) Location of Property: Middle Rd. , Greenport, own o SoutFiold Dear Sirs : In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State. Environmental Conservation Law, please be advised that the subject property in the within appeal application : (plo'a--u check cane box) ] M;vy be located within 300 feet of tidal wetlandz however, constructed along the water-lying edge of this property is a bulkhead ill very good condition and at least 100 feet in length. * I ) May be located within 300 feet of tidal wetlands ; however, constructed along the water-lying edge of this property is a bul}:head in need of (minor) (major) repairs , and approximately feet in length. I ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. I ] May be located within 300 feet of tidal wetlandz ; and there is no bulkhead or concrete wall e_cis—.-lg on the premises. - IXX] Is not located within 300 feet of tidal wetlands to the best of my knowledge. [:; tarred items ' (*) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D. E.C. ] Sincerely your , (�i� tur-� ~case) Riciard Pel icane NOTE: If proposed project falls witbd n D.E.C. jurisdiction , approval must be received and submitted to our office before your application can be scheduled for a public hearing. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Unit Bldg. 40, SUNY---Room 219 / Stony Brook, N. Y. 11794 ;P56) 751-7900 .� �v�� RE: Dear A .review has been made of your proposal to: Location: 4.Z.5. New York State epartment of Environmental Conservation has found the parcel project to be: Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100' in length constructed prior to September 20, 1977. Landward of existing 10' contour elevation above mean sea level on a gradual, natural slope. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated) . ✓Landward of topographical crest of bluff, cliff or dune in excess of 10' in -elevation above man sea level. There is to be no construction or disturbance to vegetation or topography within 20' or seaward of existing 10' contour or topographical crest (as indicated) . Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental Conservation Law) is required at this time since the current proposal is beyond State mandated jurisdiction pursuant to this act. However, any additional work or modifications to the project may require a permit. It is your responsibility to notify this office, in writing, if such additional work or modifications are contemplated. Verytruly yours, Alternate Regional Permit Administrator TOWN OF OUTHOLD PROPERTY RECORD CARD -ZWNER STREET VILLAGE DIST. SUB. LOT TOR/VIER OWNE N I� !' E All. S TYPE'dF BUILDING =t tES SEAS. VL. 7 ' FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS `+ B ® � /oar - "440. �- �2. 1,51-jAalzeD Jra cet-', i 4,k e fJ e. 4 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE k FARM Acre Value Per Value Acre j billable 1 I "illable 2 <s. illable 3 v , -5 G Voodland — ''r`°'- Gi s 6 wampland FRONTAGE ON WATER rushland FRONTAGE ON ROAD louse Plot DEPTH BULKHEAD 'otal DOCK - - I