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1000-79.-5-20.13
LOCATION MAP SCALE:f'=600' (-6 MLWI NORTH B^Y~EW ROAO TEST HOLE DATA ROAD now or formerly Peconic Land Trust co ~Ooo SOUTHOLD BAY PARCEL 2 S,F OR 8 O0 ACRES) 800.30' 740.30' co 598.12' JFFOLK COUNTY DEPARTMENT OF HEALTH HAUPPAUGE, N.Y. THiS IS TO CER~FY : PROPOSED FOE kPPROVED ON THE ABOV~ FAClLI~ES MUST CONFOBM TO T~ME OF CONSTRUCTION AND THOSE STANDARDS. THIS SUBDIVISION ONE YEAR DF THIS MAP ON WHICH CLERK IN WITH PROV]SIC ' SANITARY CODE. SUBDIVISION OR DEVELOPMENT IN THE 6TH A TOTAL Of LOTS WAS SUPPLIES AND SEWAGE DISPOSAL STANDARDS IN EFFECT AT THE ~ SEPARATE PERMITS PURSUANT TO BE VA[ID ONLY IF THE REALTY WITH THE COUN]¥ CLERK WITHIN DIRECTOR, DIVISION OF ENV1RONMENT~,L QUAU~¢ APPROVED BY PLANNING BOARD TOWN OF sOUTHOLD ~ m CERTIFIED TO: ~ __~ CHRISTINE C. HURTADO, JOHN L, HURTADO. SR., O~ER NORTH NOTE 1, TOPOGRAPHIOAL DATA SHO~ HEREON IS FRO~ SURVEY PREPARED BY THIS IS TO CERT1FY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY ARTICLE 16 OF THE TOWN LAW, CHAIRMAN DATE OF APPROVAL DATE OF CERTIFICATION "I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED APRIL 04. 2002 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSI~ONS ARE CORREC~-Y SHOWN AND ALL DIMENSIONAL ANO GEODETIC DETAILS ARE CORRECT. THE DIMENSIOflAL REQUIREMENTS FOR ALL LOTS SHALl. CONPO )ENCE "R-40 & A-C" ZONING USE DISTRICT. ~ O~ SITE DATA TOTAL AREA ZONING USE DISTRICT SCHOOL DISTRICT FiRE DISTRICT UTILITIES 24.043 ACRES SOUTHOLD SOUTHOLD Plannit NYNEX, LIPA (ALL UTILITIES TO BE INSTALLED UNDERGROUND IN ACCORDANCE WiTH THE PUBLIC SERVICE COMMISION REGULATIONS) SCALE: 1"=100' JOB NO: 2002-051 SCALE: 1 "=100' FOX LAND SURVEYING PO BOX 224 SPEONK, N.Y 11972 (651) 325-2902 Set Off Prepared For: "CHRISTINE C. HURTADO, JOHN L. HURTADO, SR., DEBRA J. HURTADO & JOHN L. HURTADO, JR." At Bayvie~v Town of Southold Suffolk County, New York Suffolk County Tax Map: Dlst, 1000 Sect, 07g,o0 Block 05.00 Lot 020.013 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Cha/rman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 10,2003 Ms. Catherine Mesiano 12 Mill Pond Lane East Moriches, N.Y. 11940 RE: Proposed Set-off for Bayview Overlook Located on the north side of North Bayview Road a/k/a 10995 North Bayview Road in Southold SCTM#1000-79-5-20.13 Zoning Districts: R-40/A-C Dear Ms. Mesiano: The Southold Town Planning Board, at a meeting held on Monday, June 9, 2003, adopted the following resolution: WHEREAS, the applicant proposes to set off an 8 acre improved parcel (2), located within the R-40 Zoning District; from a 24.04 acre parcel (1), located within the R-40/A-C Zoning Districts; and WHEREAS, all conditions of conditional final approval have been met, therefore be it RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated as revised April 2, 2003, and authorize the Chairman to endorse the maps. Enclosed please find a copy of the map that was endorSed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Chairman encl. cc: Abigail Wickham, Esq. ,,?l/ ,? .? ~,"L <-'~'- ~ i; ~: / ¥'~',,, ~,~'~';~*.. ~,-.; SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Tlrpe of Instrument: DECLARATION COVENANT/RESTRICTI Number of Pages: 6 District: Section: Block: 1000 079.00 05.00 EF~INED ~\~ CHARGED AS FoLLows Received the Following Fees For Above Instrument Exempt Page/Filing COE TP-584 Cert. Copies SCTM $18.00 NO Handling $5.00 NO NYS SURCHG $0.00 NO Notation $0.00 NO RPT $0.00 NO Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT Recorded: At: LIBER: PAGE: ~ Lot: 020.014 $5.00 $15.oo $o.oo $50.00 $93.00 02/14/2003 04:14:23 PM D00012235 628 Exempt NO NO NO NO Edward P.Romaine County Clerk, Suffolk County Number of pages TORRENS Serial #, Certificate # Prior Cfi. # ~ Deed / Mortgage Instrument Page / Filing Fee Handling .. TP-584 Notation EA-52 17 (County) R.P.T.S.A. - Comm. of Ed. 500 Affidavit Certified Copy Reg. Copy Stamp Date Initials j Satisfactions/Er Deed / Mortgage Tax Stamp FEES Sub Total Sub Total GRAND TOTAL Real Property Tax Semite Agency Verificmion Dist. { Section I B lo~ I T.~* __ 1000 07900 0500 020014 1000 07900 0500 020015 __ Recording I Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. 0r Spec./Add. TOT. MTG. TAX Dual Town~ Dual County ~ Held for Apportionment ~ Transfer Tax MansiOn Tax · The property covered by this mortgage is or will be improved by a one or two family dwelling only. i YES__ or NO. ~'" If NO, see appropriate tax clause on page # ~ of this instrument. 6~ Community Preservation Fund Consideration Amount $ ..... ~.~ ~s~ ~'roperty Owners ~ailing Address RECORD & RETURN TO: CPF Tax Due $ Improved facant Land 'ED TD TD Name { Title # Suffolk County Recording & Endorsement Page Fitle Company Information This page forms pa~ of the attached Declaration of Covenants and Restrictions: (SPEOFY TYPE OF rNSTRUMENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold In the VILLAGE or HAMLET of Southold JOHN L. HURTADO, SR., CHRISTINE C. HURTADO, JOHN L. HURTADO, JR. AND DEBRA J. HURTADO TO TOWN OF SOUTHOLD , made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the ~ 4.~ day of July, 2002, by JOHN L. HURTADO, SR., CHRISTINE C. HURTADO, JOHN L. HURTADO, JR., and DEBRA J. HURTADO, residing at 10995 North Bayview Road, Southold, New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at North Bayview Road, Southold, Towxt of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the ToWp. of 'Southold for approval to set off an 8.00 acre parcel from the remainder of the property, in a subdiVision shown on map prepared by Fox Land Surveying, dated July 8, 2002, known as Set-Off for Christine C. Hurtado, John L. Hurtado, Sr., Debra J. Hurtado and John L. Hurtado, Jr., and '., WHEREAS, for and in consideration of the granting of setoff approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of said parcels that the 8.00 acre parcel (Parcel 2) on said map, not be further subdivided, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the 'Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest-of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. DECLARANT agrees and consentS that there shall be no further subdivision of Parcel 2 on said Map, consisting of an 8.00 acre parcel, which parcel is more fully described in Schedule B hereto, in perpetuity. 2. This prohibition on further subdivision shall not apply to Parcel 1 on said Map, consisting of a 16.04 acre parcel more fully described in Schedule C hereto. IN WITNESS WHEREOF, the Declarant above named has executed the I%regoing Declaration the day and year first above written. Hurtado, Sr. ,[", Christine C. ~m' Lt. l~i~tado, Jr.y --~l~ebraJ~. Hu~rtado STATE OF NEW YORK: :SS COUNTY OF SUFFOLK: On July ~, in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared John L. Hurtado, Sr. and Christine C. Hurtado, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. ,//// 1// ~_._ .. Nots/y Public ~ "u ..~o.. 52-4642871 .._ u tamed In Suffolk ~ STATE OF.NEW YORK: :SS COUNTY OF SUFFOLK: On July o0 , in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared John L. Hurtado, Jr., and Debra J. Hurtado, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the -. re:C&Rpbnfs N ~r~'~/~ic ,--- NO. 01ZA4S4S721 OUALI~ED ~J SUFFOLK COUNTY .COM~[SSIGN ~PIRES JANUARY 2~, ~9~ All that certain plot, piece or ~.,~cel of land, situate, lying and being at Bayvi~.., in the Town of Southold, County of Suffolk and the State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Northerly side of North Bayview Road, said point being situate the following nine courses and distances from the intersection of the northerly side of North Bayview Road and the Easterly side of Reydon Drive 1. Easterly along the Northerly side of North Bayview Road 598.12 feet to the Easterly line of Subdivision Map "Reydon Court" filed in the office of the Clerk of Suffolk County as file number 8395; 2. Thence South 74 deg. 42 min. 10 sec. East along the Northerly side of North Bayview Road 387.78' feet to a point; 3. Thence North 20 deg. 47 min. 00 sec. East along the Westerly side of land now or formerly James C. Boyle lit & Patricia Boyle and land now or formerly Joan L. Rocchetta & Robert A. Rocchetta and land now or formerly George J. Berry, Jr. 760.00 feet to a point; 4. Thence South 85 deg. 19 rain. 00 sec. East along land now or formerly George J. Berry, Jr, 260.00 feet to a point; · 5. Thence South 04 deg. 41 min. 00 sec. West along land now o~' formerly George J. Berry, Jr. 170.00 feet to a point; 6. Thence South 38 deg. 07 min. 00 sec. West along land now or formerly George J. Berry, Jr. and land now or formerly Joan L. Rocchetta & Robert A. Rocchetta 29.84 feet to a point; 7. Thence South 64 deg. 26 min. 50 sec. West along land now or formerly Joan L. Rocchetta & Robert A. Rocchetta 331.77 feet to a point; 8. Thence South 03 deg. 21 min. 20 sec. East along land now or formerly James C. Boyle III & Patricia Boyle 262.16 feet to the northerly side of North Bayview Road; 9. Thence North 64 deg. 26 min. 50 sec. East along the Northerly side of North Bayview Road 554.14 feet to the point or place of beginning; RUNNING thence from said point or place of Beginning North 00 deg. 50 min. 23 sec. East 574.03 feet to the Southerly line of land now or formerly Peconic Land Trust; Thence South 70 deg. 48 min. 10 sec. East along land now or formerly Peconic Land Trust 60.00 feet to a point; Thence North 20 deg. 47 min. 00 sec. East along land of Peconic Land Trust, land of Lorraine M. Comell & Clifford C. Cornell, Jr. and land of Clifford Cornell & Ruth Cornell 1212.18 feet to the high water mark of SoUthold Bay; Thence South76 deg. 13 min. 29 sec. East along the high water mark of Southold Bay 156.86 feet to the Westerly line of Eleanor M. Kerester & Jamal Manassah; Thence along the Westerly line of land now or formerly Eleanor M. Kerester & Jamal Manassah the following two courses and distances; 1. South 16 deg. 04 min. 40 sec. West 460.56 feet to a point; 2. South 16 deg. 50 min. 40 sec. West 885.54 feet to land now or formerly of Daniel Scotto & Janice Curry Scotto; Thence along land now or formerly of Daniel Scotto & Janice Curry Scotto the following three courses and distances; 1. North 70 deg. 20 min. 00 sec. West 20.55 feet to a point; 2. South 23 deg. 10 min. 20 sec. West 222.83 feet to a point; 3. South 19 deg. 51 min. 50 sec. West 112.35 feet to the Northerly side of North Bayview Road; Thence South 64 deg. 26 min. 50 sec. West along the Northerly side of North Bayview Road, 131.00 feet to the point or place of BEGINNING. SCMEI~ULE "C" All that certain plot, piece or parcel of land, situate, lying and being at Bayview in the Town of Southold, County of Suffolk and the State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of North Bayview Road, said point being situate 598.12 easterly from the intersection of the northerly side of North Bayview Road and the easterly side of Reydon Drive; RUNNING thence from said point or place of beginning North 20 degrees 47 minutes 00 seconds East along the easterly side of Subdivision Map "Reydon Court" filed in the office of the Clerk of Suffolk County as file number 8395, :~:[17.84 feet to the southerly line of land now or formerly of Peconic Land Trust; THENCE South 70 degrees 48 minutes 10 seconds East along land now or formerly of Peconic Land Trust, 740.30 feet to a point;' THENCE South 00 degrees 50 minutes 23 seconds West along land of Christine C. Hurtado, `1ohn L. Hurtado, Sr., Debra `1. Hurtado & John L. Hurtado, Or., 574.03 feet to the northerly side of North Bayview Road; THENCE South 64 degrees 26 minutes 50 seconds West along the northerly side of North Bayview Road 554.14 feet to land now or formerly .lames C. Boyle III & Patricia Boyle; THENCE North 3 degrees 21 minutes 20 seconds West along land now or formerly 0ames C. Boyle III & Patricia Boyle 262.16 feet to land now or formerly `loan L. Rocchetta & Roberta A. Rocchetta; THENCE along land now or formerly 3oan L. Rocchetta & Robert A. Rocchetta and land now or formerly of George .1. Berry, 3r., the following four courses and distances; 1. North 64 degrees 26 minutes 50 seconds East 331.77 feet to a point; , 2. North 36 degrees 07 minutes 00 seconds East 29.84 feet to a point; 3. North 04 degrees 41 minutes 00 seconds East :L70.00 feet to a point; 4. North 85 degrees 19 minutes 00 seconds West 260.00 feet to the easterly side of a private 50 foot wide right of way; THENCE South 20 degrees 47 minutes 00 seconds West along the easterly side of said right of way 760.00 feet to the northerly side of North Bayview Road; THENCE North 74 degrees 42 minutes 10 seconds West along the northerly side of North Bayview Road, 387.78 feet to the point or place of BEGINNING. Said parcel consists of 16.04 acres. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3 t36 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: SET-OFF - BAYVlEW OVERLOOK AT SOUTHOLD Suffolk County Tax Map # 1000- Type of Subdivision: Major Minor Set. Off Lot-Line Cluster Subdivision: Yes No Hamlet: SOUTHOLD Street Location: Acreage: 10995 NORTH BAYVlEW ROAD 24.043 ACRES Number of Lots: 2 Zoning District: R-40 & A-C Date: April 12, 2002 Please list name, mailing address, and phone number for the people below: Applicant: JOHN HURTADO, SR P.O.BOX 1925 SOUTHOLD, NY 11971 (631) 765-6220 Agent handling the application: (Contact Person) CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: (631) 878-8951 E-MAIL: CaMesiano@aol.com Property Owner(s): JOHN L. HURTADO, SR. & CHRISTINE C. HURTADO JOHN L. HURTADO, JR. & DEBRA J. HURTADO P.O. BOX 1925 SOUTHOLD, NY 11971 (631) 765-6220 Surveyor: FOX LAND SURVEYING P.O. BOX 224 SPEONK, N.Y. 11972 (631) 325-2902 Engineer: JOSEPH FISCHETTI, P.E. BOX 616 SOUTHOLD, NY 11971 765-2954 Attorney: ABIGAIL WICKHAM, ESQ. WICKHAM WICKHAM & BRESSLER, P.C. BOX 1424 MATTITUCK, NY 11952 298-8353 Other Agem(s): NONE Has this property had a previous application to the Planning Board? *MAJOR SUBDIVISION APPLICATION PENDING Has this property previously received a SEQRA review? Have you had any pre-submission conferences with the Planning Board? Does this application have variances from the Zoning Board of Appeals? Appl. No Date Is this property adjacent to any bodies of water? Are there any wetlands on the property? Are there public water mains in an adjacent street? Ye.__.~s No Ye_~s No _Yes No yes, Ye_~s Ye_~s Yes No No No No Is public water proposed for the subdivision? Is the majority of the property forested? Is any part of the property in active agricultural use? Ye_.~s No Yes N..~o Yes N_.qo Is thero an existing or proposed sale of development rights on the property? Is thero a mortgage on the property? Does the owner own any adjacent properties? Ye_.~s No Yes N__9 Aro thero any building permits currently pending on this property'~ Yes Yes N._9o APR- 12-.2~02 12: 36P FROM: TO;:a78895i P: I,'4 ~TWEEN ~ Di,c 1000 s,~, party of the fizst pad, and JOgN L. B!JRTADO, SRo ~ ~"~riRISTiNi/I HURTADO~ BIS WIFE~ .'K$~ ~ 50% !NT~ ;~ $T, J~, ~ ~R.[ 11780 pan'y of the second part, WITNgSSETH, that the party of the i.irft pm in ¢on.qderation ofTen Dollaa ~ld other val~bie consideraioa ~aid by th, pa~ ofth~ second pa.~, does he,by gr~nt ~ad ~lea~, unto ~e .p~ oftli~ a~cond p~t, thc heirs or ~oee~or~ ~d assi~s of the ~a~' Of the Seoond pa~ for~ver, ALL that certain ploh piece or parcel of land, with thc buildings and improvements thereon erected, si~aate, lying andbeing~ AT ~LD~ IN ~ ~tq OF ~~, ~ OF ~tK ~ ~l~ ~ , G'ULATED ~F~SHWAT~ AND T~RS. WmLANDS (~IA~ [~I~ ~SD~ W~D ~41 OR $~C~. THIS ~F~P~ iS Sb~ ~ ~ P~VIS~g OF ~'I~AL S~VATi~ LAW (F~)~Ti~E$ ~ ~ 25 ~ ~ ~UC~ ~ ~~ A~I~ ~y ~ ~Y ~~ ~ ~C~ ARTICL~q 24 ~ 25 IP ~RI~ ~P~;~ ~ GI~ B~ ~ ~ ~TA~ D~~ OF ~I~ ~Z~.VATION (~$g~) OR ITS ~Tl~ OF C~I~LS; EX~VATI~q; ~G ~ FiLL~G; ~ND ~I~ OF ~Z BE~G ~E ~ISEB ~ AS 10995 ~ ~DJ=~ ~ ~3U~D~ ~'~ ~ 11971. D~ DAT~ ~~ 12~ 1999, ~~ D~ lS,1999 ~ LIB~ I2~7 AT ~AGE 372 TOGETHER wi~ all fight, ti:lo ~d intemst~ if any, of thc pa~ of the first prat of, in and to ~,ny slx'eats and rands abusing the above-d~ctib~ pmmi~e, to fl~e ¢,nter lines thereof] TOGETHER with ~ appul~cna~ce~ and al! the estut:~ and ~rs of the pa~}.' of~hc i~l para f~ and to said premises; TO ~VE AND TO HOI~O the premises heroin ~anted unto fine , ofths the ~ezond pan for~er. . . P~ coati p~. the heim or ~;uccessors ~md a~signs of tho pariy ~f AND the pa.riy of the first pa, l, covenants that the ' ' , of the fi~t a~ bas - - -, P~ - p . . not donu or suffcrea anything whereby ~he ~aid premi~ have been bcumbered in any way wtlatever, except as albmsaid. ~D tho p~, ortho C~[ ~rt, in compli~moc with S~cfio~ !3 of th~ Lien Law, cov~an~ that thc part), of thc firtt pm will mc~ive the consideration for att conveyance and will bold the right to rcccivo ~uch oon:ideration as a ~t ~md to b~ appiied ~rst for the puwo~e of pay~g ~lle cost of the improvomont ~nd will apply ~he ~amc lira [o ~¢ payment of the cos[ of the improvemem N~ibre u~ing any pa~ of the total of the same tbr any pu~ose. ' .~ ~~IIE~OF, th~ p~ty of ~h~ first ~z h~ ~uly ~;,~ma~d thb fl;ed the day and year first abov~ written. b~fo~ me, ~e ~d~si~ed, p~onally p~rs~ally ~qua~sd, who, berg by m~ duly ~wom, did depose and ~ay t~t hdshc/th~ msid~($) M ~ ~ the indi~'idual d~ribed in m~d Who ¢x!e~ted hi~cr,%hCk name(s) ~ a wire,si thereto, .......................................... } On ~he d~y of in uh¢ ye~~ pe~onahy known ~o me or proved ~ me on the b~i$ of ~alt~fa.o~ ~id~c~ to be ~ bdivi~ual(s) wao~ a~e(s) is (~) ~u~s~fibed to exceat~ the aame ia hi~ef/meir eapaci~(ies), ~.a: by his~er/~eir signa~'e(~) on the ir~mmt, ~e individual(~), or the p~on upon ~at tach in,ividu,:t made tach a¢~ance before ~e ~nd~signed, in TO ~ HURTADO~ JR, 12048P 069 SCHEDULE A ALL tl~.~ cer;u~n plot, piece or p]rcelof land ¥~ith th~ buildings ~nd improvements thereon erected, situate, lying and being at Southold. in ~he Town of Southoid, County of Suffolk and State of New York, bain9 more particularly bounded and described as follows: BEGINNING at a monumenl set in the northerly line of North Bay View Road. which monument forms the southeast corrler of f,~nd of Beach Estate a~d the distant 598.12 feet easterly from the corner formed by the intersection of the cast,fly side of Reydon Drive with the northerly side of Nort~ 8~y View Rued; RUNNiNC THENCE North 20 degrees ~'7 minutes East, ii17.8~ feet; THENCE South 70 degrees ~8 .~{f~es 10 second~ East, 80~.30 Feet; THENCE North 20 degrees ~7 minutes East, 120~.g0 fcct to th~ mean high w~tcr murk of SouthuId Bay; ~HENCE along s~id mean high water mark Of ~u~hotd Bay, ~outh 75 degrees ~2 minutes 20 seconds ~ast, 157.~8 'Feet; THENCE South 16 degree~ O~ minutes ~0 seconds ~est, ~Sl.0O feet; THENCE Sou~h 16 degrees 50 m~nute~ ~0 seconds ¥~'$~t, 88$.5~ fe~t; THENCE North 70 degrees 20 m{nuzes West, ]0.~5 'Feet; THENCE South 23 degrees lO minutes 20 ~econds West, 222.83 feet; northerly s~de of North Bayview Road; THENCE alonu the northerly side of North Bayview Road, South 6~ d~{'ees THENCE No~th 3 degrees 2l ~}nUtes 20 9ecoi~ds West, 262.1~ f~t~ THENCE North 36 degrees 07 minutes 00 seconds E~s~, 29.8q feet~ THENCE North h degrcc~ ~1 minute~ 00 seconds East, 370.00 feet~ THENCE North 85 degrees 19 minu~e¢ 80 ~econds We~t¢ 250.0'0 fee~; THENCE ~outh 20 degrees ~t7 mi~u~es West, 760.0~ fea~ to thc northerly side of North B~yvlew Read; THENCE along the northerly side of North Bayview Road, N~'th 7~ degrees ;2 minutes 10 seconds West, 387.78 feet to the point or plac~ of BEGINNING. DISTRICT '{000, SECTION 079,0[1 BLOCK 05.00 LOTS 020,006 & 02t].007 ,120 87 069 TORRENS Ccrtiilcatu 4 Dccd/ Mortl~ag~ Instrament '" ': 44349 REAL ESTATE Handling 'I'P-584 Notmion EA-52 17 (~) EA-S217 (State) RPT.$,A. Co~. of~_ Aitidavit Reg. Copy Other TO,:~?BB951 'f O0 JUN I g PPI JUN 1 2 2000 TRAt~Fi~ TAX UFFOL~ COUNTY ~0~ FEES ~ O0 -- OR_AND TOTAL M~rtSage Amt. I, Ba~i: TaR % Additional Ta~: Sp~odA~it, Or $l~C./Arid, TOT, MTG. TAX Dual Town__Dual Held for Ai)Po,~k, nment ...... Tran,fm' Tax Mansion Tax will be improved by a one or tw~, f~mily dw~lllng only. Y~$ ~¢r NO~ If NO, ice approprlat~ tax ____ of~is ins~umem. * Real Property Tax Service Agency Verification Dist. $,¢tfo~ B k~ Community Preservation Fund Consideration Amount CPF Tax 13ue $ ¢ Co. Name JUN 1 2 2ffil GOMI~UNITY PIqIi{IRVA'Y1ON FUNO Improved Vacant Lurid ~ TD ~) I0 TI> Title Company Information ffblk Co{ iitff--Recordi ; k Endorsement Page iai ur th~ at~.ed ~ e.,~ '" made by: Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/19/03 Transaction(s): 1 Park & Playground Check#: 414 Receipt#: Total Paid: 0 Subtotal $5,000.O0 $5,OOO.OO Name: Clerk ID: Hurtado, Family Account-southold P.o. Box 2147 St. James, NY 11780 JOYCEW Internal ID: 75182 Tills PROPOSAL IS TO SET OFF A ~,(7~ ACRE PARCEL, FROM AN ~'XISTING ~-!'9~} ACRE PARCEL LOCATED L0mPlete application received SET OFF Application reviewed at work session Applicant. advised of necessary revJsio~..s Revised submission received Sketch plaa approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewell location Notification t~apPlicant to include on final map Sent to County Planning Commission Receipt of County Report Review of scpc report Draft Covenants and Restrictions receivedO,&~-~t~}~z.~--//Z,.ll~z Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of set off -with conditions Endorsement of set orr .... Nub,~itis'sion Withott! a Cover Letter Subject: MAY 2 t 2003 Southold Town Planning Board- ................ · Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO ....... 55 ' '~''''q DATE: ISSUED TO JOHN g.:-~.U.~.T2~D.O ............... Pursuant to the provisions of Chapter 615 of the Laws of. the State of New York, 1893; and Chapter 404 of the Laws of'the State of New York 1952: and the Southold 'ToWn Ordinance titled ."RE~ULATINC= AND THE pLACING OF OBSTRUGTIONS IN AND ON ToWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL' OR OTHER MATERIALS FROM LANDS UNDER ToWN'WATERS;~-I: and in accordance with the Resolution of The Bbard adopted at a meeting held on ..J.u;ty.-..2-~-~ .... 200.2-..L, and in consideration of the sum of $....z0.0..o0 ........ paid by of East Moriches.: ....... i.. ........ ' ...................... N. Y. and. subjec~ to the Terg, ';~ Conditions 'listed on the reverse side .hereof, of Southold Town' Trustees authorizes and permits the following:. Wetland Permit to construct v3ood stairs and 4'x4' platform at top and bottom as per drawing.,dated September 11,2002 all'in accordance with the defaited Specifications as presented in · . the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- uses its Corporate S.e. al to be affixed, and these p.resenfs to by ca . . . . be subscribed by a matontY of the sa~d Board as of th~s date. · T~tees FROM FRX NO. :631-878-8~S~ Rug. i~ 2882 Town Hall P,O. Box 1179 $o~thold, New York 11971~9~9 Telephone (~1) 7~-I892 Fax (681) 76.5-1366 August 8, 2002 BOARD OF TOW~N TRUSTEES TOWN OF SOUTHOLD Catherine Mesiano 12 Mill Pond Lane East Moriches, NY 11934 RE: Dear Ms. M~iano: SCTM~e79-05-20.13 John L. Hurtado 10995 North Bayview Road Southold, NY The 8outhold Town Board of Trustees reviewed the survey dated May 31, 2002 at their meeting on July 24, 2002 and deterrrdned that the tennis court and in-ground pool - to be out of the Wcttand Juri~iction under Chap,or 97 of the Town Wetland Code m%d Chapter 37 of the Town. Code, Coastal Erosion, However any activity within 100' of the Wctlm~ line and/or seaward of the Coastal Erosion Hazard Line, would require action from this office. This determination is not a dcterm~ation from any other agency. I.f you have any further questions, please do not hesitate to eall~ Sincerely, Albm-t J. Krupski, Jr. President, Board of Trustees AJK:cjc Building Depaztment New York State Depar'~..,ent of Environmental Cons~.. ration Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook,' New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny, us Erin M. Crotty Commissioner December 17, 2002 AMENDMENT TO PERMIT Hr John Hurtado PO Box 2147 Sn James, NY 11780 Re: 1-~738-02467/00001 ROW off Bayview Road, Southold SCTM # 1000-79-5-20.7 Dear Mr Hurtado, Your recent request to modify the above permit has been re~zewed pursuant to 6NYCRR Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit has been modified to authorize: . 4' X 20' access stairway to ..the beach in accordance with. plans by Land Use Ecological serVices dated 10-2411-02 and stamped NYSDEC apprOved on 12-17- 2002. SPECIAL CONDITIONS · 1. Alteration of the existing grade of the bluff or dune is prohibited. 2. The stairway must be elevated a minimum of 3 feet over grade to minimize disturbance or loss of the natural vegetation and reduce the potential for erosion of the bluff or dune. Disturbance to the natural vegetation seaward of the Crest of the bluff or dune must be restricted' to an 8 foot wide area, including the width of the stairway, as shown on the approved plans. 3. The storage of construction equipment and materials shall be confined to upland areas landward of the crest of the bluff or dune. This letter is an amendment to the original permit,~nd, aS. such, shall be availab!e at the J ob,'site wheneVer .authorized wor~,,'i~ ' ' ./.' i. ':. ,Very t:~Fa~ly' yOUrl]~l:i ~"~,~v 0"! ~hhq':' {og~ ~vans -., Southold Iowa Pe~t A~inlst: ~tor Plannin~ Board cc: file Land Use Co permit. Albe~ J. Krupski, President ~l~%King, Vice-President Artie Fos:er Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN .TRUSTEES TOV~N OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 . Telephone (631) 765-1892 Fax (631) 765-1366 August $, 2002 Catherine Mesiano 12 Mill Pond Lane East Moriches, NY 11944 $;uthold Town Planning Board SCTM#79-05-20.13 John L. Hurtado 10995 North Bayview Road Southold, NY Dear Ms. Mesiano: The following action was taken by the Board of Town Trustees during a Regular Meeting, held on July 24, 2002, regarding the above matter. WHEREAS, Catherine Mesiano on behalf of John L. Hurtado applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated July 2, 2002. WHEREAS, said applicaiion was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a. Public Hearing was held by the Town Trustees with respect to said application on July 24, 2002 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in qd~stion and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure comphes with the standard set forth in Chapter 97-18 of the Southold own Code. WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, of Trustees approved the application of John L. Iturtado for a RESOLVED, that the Board Wetland Permit to construct wood stairs and 4'x4' platform at top and bottom as per draw!ng. dated September 11, 2002. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. ~-~ :: Fee must be paid, if applicable and permit issued within six months of the date of this notification. If inspections are required, at a fee of $5.00 per inspection (See attached schedule). FEES: $5.00 Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees Ic/cjc cc DEC Building Department Submission Withotd a Cover Letter Sender: Subject: Date.: ~ Comments: MAY 1 9 2%3 $outhdd Town Planning Board ¥incent M. Orlando 305 Brook Lane Southold, New York 11971 May 9, 2003 Mr. Bennett Orlowski Southold Town Planning Board Chairman sOUTHOLD TOWN HALL 53095 Route 25 Southold, New York 11971 Re: John L. Hurtado and Christine Hurtado - Eight Acre Set-off Dear Mr. Orlowski: As per fne ahove-mentioned application, which is located directly East of Brook Estates, i, Vincent Orlando was authorized as Vice President of Brook Estates to respond to this matter. Brook Estates does not have a particular problem with the eight-acre set-off as long as the following conditions are applied to the proposed set-off: As highlighted on the attached tax map, you can see that Brook Estates is surrounded by beautiful wooded green belting, which supplies us with privacy as well as enjoying the natural wildlife of our community. Brook Estates requests that a t00' conservation easement or ,,non-d~sturbance buffer zone be implemented to the set-off application. The proposed property set-off is a R-40 Zone which requires a 50' front and back yard setback. The approximate 400' wide lot is more than adequate to support a large house or homes with a large back and front yard, and still have a 100' conservation easement along the West property line running North and South. The reason for this request is that if they build to the property line, people historically encroach on open unmaintained wooded lots, so the homeowner would encroach on Brook Estates green belting; we feel we need to protect our green belt with another green belting. If the above condition is applied to, the application for an 8-acre set-off, Brook Estates will not oppose this request. / b", :./5.0:'5" "-/'"' ~(ncent M. 0~fiindo Vice President of Brook :~states co: " )lAY Mark Terry Camilla Lazio, President of Brook Estates $outhold Town Planning Board PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 13, 2003 Ms. Catherine Mesiano 12 Mill Pond Lane East Moriches, N.Y. 11940 RE: Proposed.Set-off for Bayview Overlook Located on the north side of North Bayview Road a/k/a 10995 North Bayview Road in Southold SCTM#1000-79-5-20.13 Zoning Districts: R-40/A-C Dear Ms. Mesiano: The Southold Town Planning Board, at a meeting held on Monday, May 12, 2003, adopted the following resolution: The final public hearing was closed. WHEREAS, the applicant proposes to set off an 8 acre improved parcel (2), located within the R-40 Zoning District, from a 24.04 acre parcel (1), located within the R-40/A-C Zoning Districts; and WHEREAS, a Stage I Archival Search and Archeological Survey and Natural Resource Survey has been conducted by the applicant for the property; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a review of this Unlisted Action, established itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration on November 4, 2002; and WHEREAS, as a condition of approval for the proposed application, the applicant has executed and filed a covenant on Parcel 2 (8 acres) stating that "no further subdivision of Parcel 2 into perpetuity is permitted" with the Suffolk County Clerk's Office on February 4, 2003; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on February 10, 2003 and all conditions have been met; and AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notiCes(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every prope~y which abuts and every property which is across from any public or private street from the above mentioned prope~y JOYCE M. W|I. KIN$ Notary Publi~, State of New York No. 4952246, Suffolk County Term Expires June 12, '~z, ~ PLEASE RETURN THIS AFFIDA V/T AND CERTIFIED MA//RECEIPTS ON THE DAY OF. OR A T THE PUBLIC HEAR/NO Re:-Proposed Set-Off ~w Overlook SCTM#: 1000-79-5-20.13 Date of Hearing:_~_~on' , ~ay L,2 .~_2003, 6: lO p.m. m r"3 Certified Fee 2. ~0 [] Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. [] Print your name and address on the reverse so that we can return the card to you. ~ [] Attach this card to the back of the mailpiece~ - or on the front if space permits. 1. Article Addressed to: B. Received by I D. If YES, 102595-02-M-154( ToteJ Postage & Fees 'j ~ 9, ~ -:'1TJ~f-~D~- Sent TO ' - . ~ [~ ~l'~lf "'~ ........... -;-~--t""--~----~-~:-~--i--~ ......... ~ent To ' ~ I Oi~ S~e, ZIP+~' ....................................................... ~ //? City, State, ZIP+4 . 2. Article Number 7003 0500 0003 4'344 4655 (Transfer from service label) ~ . _ PS Form 3811, August 2001 Domestic Return Receipt 3~ice Type [~vCertified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes [] Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. [] Print your name and address on the reverse so that we can return the card to you. =~ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. [] Print your name and address on the reverse so that we can return the card to you. [] Attach this card to the back of the mailpiece, or on the front if space permits. 1. Art)cie Addressed to: P L. L t CAtV 0 /1771 A. Signature /~' ~ ~G~ ~Z/~ ~ Addressee B, Received by (Printed Name) I C: ~tf~elive~ D. Is delive~ address diff~ent ~m item 17 ~ Yes If YES, enter delivew address below: ~ No 3..~.~yice Type ~:~/Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number ('rransferfrom~. 7003 0500 0003 4344 4692 2. Article Number 7003 R q01 PS Form 3811, August 2001 Domestii: Return Receipt 102595-02-M-1540 _ (Transfer from service labe. - _ .Q-_ T' '~ ~,, PS Form 3811, August 2001Il Domestic Re1-~ .-~%..- ._ .1. Ar[ic,e Adaressedto: p,~ ~/~,? Ct¢ ~[ i, y ES, en~e~d~ w~e'~-W a~s"woerov~. ......... 2. Article Number (Transfer from sei 7 0 0 3 0 5 0 0 PS Form 3811, ~~'~ -b~stic Ret'~ CD ffi / 2. ~icle Number ¢~nsfer~mse~ ?BB~ BSBB BBB /v'. ¥ / / 7 / 3. Service Type J~,~erUfied Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. '~. Restricted Delivery? [Extra Fee) [] Yes 2. Article Numb ~ ransferfror, 7003 0500 00B3 4344 i',~807 ¢/~ '~ .............. DO~~' .......... ' 102595-02-M-1540 ' 0 0 0 } PS Form 3811, August 2001 i, P E CD/[/] /' C ~ A ~B l, YES, enter delive~ address below: ~ No a Type Mail [] Express Mail' [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C,O.D. 4. Restricted Delivery? (Extra ,Cee) [] Yes 2. Article Number (Transfer from service labe 7003 0500 0003 PS Form 3811, August 2001 Domestic Return Receipt 4344 4708 102595-02-M-1540 · PS FOrm 3811, Augus{'- .... "~: "' ' :' ' --- or on the front if space permits. J / 7Z 3 7 2. ~icle Number ' PS Fo~ 381 1, August 2~01 Domestic Return 1. Article Addressed to: .50 P '7'-7'"'-0 D. Is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type [] C~¢tified Mail [] Express Mail []/~¢egistered [] Return Receipt for Merchandise ~ Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) 7003 0500 0003 4344 PS Form 3811, August 2001 Domestic Return Receipt 4753 102595-02-M-1540 ~OUTHOLD, ~¥~.1!971-1000 04/30/03 ~1:41PH Store USPS Trans 105 ~kstn sysSO03 Cashier KW2JC4 Cashier's Name ~y~ .... Certified Mail 2.30 70030500000343444692 Return Receipt 1.75 12. First Class 4,42 Destination: 11988 Weight: O,30oz Postage Type: PVI Total Cost: 4,42 Base Rate: 0,37 SERVICES Certified Mail 2,30 70030500000343444708 Return Receipt 1.75 13, First Class 4,42 Destination~ 11971 Nelght, O,30oz Postage Type: Total Cost: 4,42 Base Rate: 0,37 SERVICES Certified Mail 2,30 70030500000343444685 Return Receipt 1,75 14. ;irst Class 4,42 Destination: 11733 Weight: e O,30oz Postage Typ: PVI Total Cost: 4.42 Base Rate: 0.37 SERVICES Certified Mail 2,30 70030500000343444678 Return Receipt 1,75 15. First Class 4,42 Destination: 11971 Weight: O,30oz Postage Type: PVi Total Cost: 4.42 Base Rate: 0.37 SERVICES Certified Mail 2,30 70030500000343444861 Return Receipt 1,75 Subtotal 86,30 Total 88.30 Personal/ Business Check 88,30 Number of Items Sold: 15 Thank You Please come again! m Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. [] Print your name and address on the reverse so that we can return the card to you. [] Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Si~a~ature/,) -, X/-'j ' / -"~-'/' [] Agent {~'~' ¢ ~'~/~ ~ Addres~ B. Rece,v%J ~'(P, nted Name) --- m o. Date of Deliv, If YES, e7 de~dress ~~ No · Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. [] Pdnt your name and address on the reverse so that we can return the card to you. [] Attach this card to the back of the maiipiece~ or on the front if space permits. 1. Article Addressed to: [] Agent [] Addre.. by (Printed Name) 17 If YES, enter delivery address below: [] No item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. [] Attach this card to the back of the mailpiece~ or on the front if space permits. 1. Article Addressed to: If YES eter delivery addresS below: [] Complete items 1, 2, an complete item 4 if Restricted Delivery is desired. [] Print your name and address on the reverse so that we can return the card to you. [] Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 5 p z_ . Y, i 3. __~ervice Type z~CerMfied Mail [] Express Mail [] Registered [] Return Receipt for Merchant [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. ArUcleNumber 7003 0500 0003 4344 (Transfer from service lab .... , ....................... Domestic Return Receipt PS Form 3811, August 2001 /~ ......... ~ . 4661 102595-02-M-1 Vincent M. Orlando 305 Brook Lane Southold, New York 11971 May 9, 2003 Mr. Bennett Orlowski Southold Town Planning Board Chairman SOUTHOLD TOWN HALL 53095 Route 25 Southold, New York 11971 Re: John L. Hurtado and Christine Hurtado - Eight Acre Set-off Dear Ivlr. Orlowski: As per the above-mentioned application, which is located directly East of Brook Estates, I, Vincent Orlando was authorized as Vice President of Brook Estates to respond to this matter. Brook Estates does not have a particular problem with the eight-acre set-off as long as the following conditions are applied to the proposed set-off: As highlighted on the attached tax map, you can see that Brook Estates is surrounded by beautiful wooded green belting, which supplies us with privacy as well as enjoying the natural wildlife of our community. Brook Estates requests that a 100' conservation easement or "non-disturbance" buffer zone be implemented to the set-off application. The proposed property set-off is a R-40 Zone which requires a 50' front and back yard setback. The approximate 400' wide lot is more than adequate to support a large house or homes with a large back and front yard, and still have a 100' conservation easement along the West property line running North and South. The reason for this request is that if they build to the property line, people historically encroach on open unmaintained wooded lots, so the homeowner would encroach on Brook Estates green belting; we feel we need to protect our green belt with another green belting. If the above condition is applied to, the application for an 8-acre set-off, Brook Estates will not oppose this request. '~nt M. O~ando Vice President of Brook Estates cc: M~k Te~ Camilla L~io, President of Brook Estates ' ~u~o~ row. ........ ~nnin~ goard ,,, ! BOARD MEMBERS B~I~INETT OI~LOWSKI, JR. chairman RICHARD CAGGIANO WILLIAM J. CREMERS tCENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 pLANNING BOARD OFFICE TOWN OF soUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE iS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 12th day of May, 2003 on the question of the following: · for Omnipoint Communication,s. (A. - · arin for the proposed s,te?_l~an..,,, e north side of CR 48, 75..0 _,w. est 6:00 P.M. pu~i,c_H.~e~,~,g~ The property is Ioca~u_u ,~,, ih_, a,,ffolk State of New YOm. Junge, owner o~ ~?-"~J~',~e Town of Southold, county u, ou. , of Cox's Lane in c;u~c~uuu , Suffolk County Tax Map Number 1000-96-1-19.1 6:05 P.M. Public Hearing for the proposed minor subdivision of Edgar & Arlene Marvin. The property is located on the south side of Jackson Street, 431.57' west of Fifth Street in New Suffolk, Town of Southold, County of Suffolk, State of New York. Suffolk County '[ax Map Number 1000-117-10-9 Public Hearing for the proposed set-off for Bayview Overlook at Southold i 6:10 P.M.._ .... ~,, ~s located on the north .... ~- .... , ,ff Southold, County of approximately 600 eas~ u, ~ y side of N~rth Bayview Road, (Hurtado). ~ne pr_o?, ?,,_, De,,dOn Drive in Soumo~e, ~""" Suffolk, State of New York. Suffolk County Tax Map Number 1000-79-5-20.13 6:15 P.M. Public Hearing for the proposed site plan for Breezy Sound (Breezy Sound Corp.). The property is located on CR 48 in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-45-1'2'1 6:20 P.M. Public Hearing for the proposed lot line change for Keith Scott Morton and Pasquale A. Gemma. The property is located north of King Street, 320+__' west of the · Orient, Town of Southold, County of __ · in Street and Old F_arm Ro.a_d. ~n bers 1000-25-4'11.6 & 1000 · te~secbon of K g _. bunt T~x Map Num ~n ' ,, ,-,~,,. ~,~ ~,~ew Yu,k. Suffolk C Y Suffolk,, ~*~ "'" 26.1-32.1 · -' Barbara & Robert Raacke. t line change o~ . P M Public Hear!ng 'o.r 'h~e,~,°~S~al°'Avenue in Mattituck, To.w.n.°f,~S~°~Utlh~+'13 6:25 ' ' . ..... ,.-~ south bi vv~o~F,, _ .. ~-~.. ~an Numbers -~uuu- ' The property ~s ~?u~,.o~_ _, ,,~,~, York Suffolk county ~,, "' v County of Suffolk, :state u~ ,-,~- · 18&19 Legal Notice - Paqe Two - 4/22/03 Dated: 4/22/03 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Odowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, MAY 1, 2003 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPY SENT TO: The Traveler/Watchman P.O. Box 1179 53095 Route 25 Southold, NY 11971 Phone: (631) 765-1938 Fax: (631) 765-3136 E-Mail: planning@southold.org To: Traveler/Watchman From: Valerie Scopa7_/Carol F~x: 765-1756 Pages: 2 Phone: 765-3425 Date: 4/22/03 Re: Legal Ads for 5/1/03 Edition cc: Urgent For Review Please Comment Please Reply As Requested Please print the following legal ads in the 5/1/03 edition. Thanks. 5/12/03 Regular Meeting: 6:00 p.m. 6:05 p.m. 6:10 p.m. 6:15 p.m. 6:20 p.m. 6:25 p.m. Omnipoint Communications Site Plan Marvin Minor Subdivision Bayview Ovedook Set-Off Breezy Sound Site Plan Morton/Gemma Lot Line Change Raacke Lot Line Change Kindly acknowledge receipt by signing below. Received I~i ~._----~_ __. Date'. JL'~ ~' ~~~ / . t~..~ PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public-hearing will be held by the. Southoid Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 12th day of May, 2003 on the question of the following: 6:00 P.M. Public Hearing for the proposed site plan for Omnipoint Communications (A. Junge, owner of property). The property is located on the north side of CR 48, 750' west of Cox's Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-19.1 6:05 P.M. Public Hearing for the proposed minor subdivision of Edgar & Arlene Marvin. The property is located on the south side of Jackson Street, 431.57' west of Fifth Street in New Suffolk, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-117-10-9 6:10 P.M. Public Hearing for the proposed set-off for Bayview Overlook at Southold (Hurtado). The property is located on the north side of North Bayview Road, approximately 600' east of Reydon Drive in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-79-5-20.13 6:15 P.M. Public Hearing for the proposed site plan for Breezy Sound (Breezy Sound Corp.). The property is lOcated on CR 48 in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-45-1-2.1 6:20 P.M. Public Hearing for the proposed lot line change for Keith Scott Morton and Pasquale A. Gemma. The property is located north of King Street, 320_+' west of the intersection of King:Street and Old Farm Road in Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-25-4-11.6 & 1000- 26-1-32.1 6:25 P.M. Public Hearing for the proposed lot line change of Barbara & Robert Raacke. The property is located south of Westphalia Avenue in Mattituck, Town.of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-113-13- 18 & 19 Legal Notice - Pa,qe Two - 4/22/03 Dated: 4/22/03 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 22nd day of April, 2003 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 5/12/03 Reqular Meetinq: 6:00 p.m.'pUblic Hearing 'for the proposed Site Plan for Omnipoint Communications SCTM#1000-96-1-19.1 6:05 p.m. Public Hearing for the proposed Minor Subdivision for Edgar & Arlene Marvin SCTM#1000-117-10-9 6:t0 p.m. Public Hearing for the proposed Set-Off for Bayview Overlook at Southold S CTM# 1000-79-5-20.13 6:15 p.m. Public Hearing for the proposed Site Plan for Breezy Sound SCTM#1000-45-1-2.1 6:20 p.m. Public Hearing for the proposed Lot Line Change for Keith Scott Morton and Pasquale A. Gemma SCTM#1000-25-4-11.6 & 1000-26-1-32.1 6:25 p.m. Public Hearing for the proposed Lot Line Change for Barbara & Robert Raacke SCTM#1000-113-13-18 & 19 Sworn to before me this day of ~ ,2003. Carol Kalin Secretary, Southold Town Planning Board Notary Public LfNDA j. COOPER Notary Public, State of New Yort~ No~ ~822583, Suffolk C¢,unty: Ter~ E×~ires Decerc~b~r PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN II. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York ~L1971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 15, 2003 Ms. Catherine Mesiano 12 Mill Pond Lane East Moriches, N.Y. 11940 RE: Proposed Set-off for Bayview Overlook Located on the north side of North Bayview Road a/k/a 10995 North Bayview Road in Southold SCTM#1000~7_9~5~20.13 Zone: R,40/A,C Dear Ms. Mesiano: The Southold Town Planning Board, at a meeting held on Monday, April 14, 2003, adopted the following resolution: RESOLVED that the Southold Town Planning Board set Monday, May 12, 2003, at 6:10 p.m. for a final public hearing on the maps, dated July 3, 2002, and last revised July 9, 2002. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Hall. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, May 9th. The si.qn and the post need to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Abigail Wickham, Esq. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a set-off; That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-79-5-20.13; That the property which is the subject of this application is located in the R-40 and A-C Zoning Districts; That the application is to set off an 8.00 acre parcel from an existing 24.043 acre parcel located on the north side of North Bayview Road, approximately 600' east of Reydon Drive in Southold; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 3 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; That a public hearing will be held on the matter by the Planning Board on Monday, May 12, 2003 at 6:10 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Traveler/Watchman, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. PetitionedOwner's Name(s): John L, Hurtado, Sr. & Christine C. Hurtado John L. Hurtado, Jr. & Debra J. Hurtado (Bayview Overlook at Southold) Date: 4/21/03 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line.facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on' I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across' from any public or private street from the above mentioned property on Your name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVITAND CERTIFIED MAIL RECEIPTS ON THE DAY OF. OR A T TIE PUBLIC HEARING Re, Proposed Set-Off for Bayview Overlook SCTM#: 1000-79-.5-20.13 Date of Hearing: Mon.. May 12 .... 2003, 6:10 p.m. NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-!995 as L.L. No. 25-1995: Amendments noted where applicable.] § 58-1. Providing notice of public hearings, Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix. a time and place for a public hearing thereon, The board or commission reviewing an application'shaH provide, for the giving of notice: A..By-causing a notice giving the time, date, place and nature of the hearing to .be published in the official newspaper within the period prescribed by law. B. 'By requiring the applican~ to ere~ the sign provided by the town, which shall be prominently displayed on the promises facing each public ar private street which the propert:y involved in the application abuts,.g~ving notice of the. application, the nature of the approval sought thereby and the time and place of the' public hearLng thereon. The sign shall be ~et back not more than ten (10) feet from the' property line, The. sign shall be 'display, ed for a period of not. less-than seven (Ti days ~mmedia~ely preceding the date .of'-the public hearing, ..~_..~...~pl~licaut or.b! ..~ae~...- -agent eha!l.~e an affidavit.that' s/he has .com._plied with this provisiom C. By requiring the 'applicant to send notice to the owners of record of every pr°pertly which 'abuts anc~ ~ proper~y which is across from anY public or private s~reet. SOUTHOLD CODE § 58-1 from the property included in the application. Such notice, shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to' the date of the initial public hearing on ihe application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. 5802 0 ~ m m m m m m 0 0 ERIC J. BRESSLER ABIGAIL A. WICKI-IAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P,C. 13015 MAIN ROAD, P~O. BOX 1424 MATTiTUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com March 17, 2003 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Attn: Mr. Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road $outhold, New York 11971 Re: John Hurtado - Bayview Overlook North Bayview Road, Southold, New York SCTM# 1000-79-5-20.14 & 20.15 Dear Mark: $outhofd To~ Planning Board Enclosed is a copy of the Declaration of Covenants and Restrictions in the above matter, which has been recorded in the Suffolk County Clerk's Office on February 14, 2003 in Liber 12235 page 628. Very truly yours, Abigail A. Wickham AA W/dm eFlcl. 30/shdpb cc: ~ Hurtado CATHERINE ! 2 MILL MESIANO, INC. PONb LANE EAST MORICHES, NY 11940 PHONE/FAX: 65! '878-8951 E-MAlL: cmesiano~optonline . net TO: MARK TERRY - PLANN]:NG DEPT. FROM: CATHER]:NE MES]:ANO SUB~TECT: BAVV'J:EW OVERLOOK - SETOFF DATE: 3/~.7/2003 Mork: Attached is the Health Department approved map of the above referenced project. Please let me know if anything additional is required in order for the Board to act on this application. Thank you. Cathy Mesiano ~ · Southold Towfl PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN II. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 11,2003 Ms. Catherine Mesiano 12 Mill Pond Lane East Moriches, N.Y. 11940 RE: Proposed Set-off for Bayview Overlook Located on the north side of North Bayview Road a/k/a 10995 North Bayview Road in Southold SCTM#1000-79-5-20.13 Zone: R-40/A~C Dear Ms. Mesiano: The Southold Town Planning Board, at a meeting held on Monday, February 10, 2003, adopted the following resolution: WHEREAS, the apPlicant proposes to set off an 8 acre improved parcel (2), located within the R-40 Zoning District, from a 24.04 acre parcel (1), located within the R-40/A-C Zoning District; and WHEREAS, a Stage I Archival Search and Archeological Survey and Natural Resource Survey has been conducted by the applicant for the property; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a review of this unlisted action, established itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration on November 4, 2002; and WHEREAS, as a condition of any approval for the proposed application, the applicant has volunteered to place a covenant on Parcel 2 (8 acres) stating that "no further subdivision of Parcel 2 into perpetuity is permitted"; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the plat, dated March 5, 2002, subject to the following condition: ERIC J. BRESSLER ABIGAIL A. WlCKHAM LYNNE ivl. GORDON JANET GEASA LAW OFFICES WlCKHAM, WlCKHAM & BRESSLER, P.C. 10.315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 1195~ 631-298-8353 telEfax no. 63t-298-8565 wwblaw@aol.com January 23, 2003 WILLIAM WICKHAM (OES-O:~) MELVILLE OFFICE 27.~ BROAD HOLLOW ROAD SUITE Ill MELVILLE, NEWYORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Attn: Mr. Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 Proposed Set-Off for Bayview Overlook (Hurtado) 10995 North Bayview Road, Southold, New York SCTM# 1000-79-5-20.13 Dear Mark: Pursuant to your request, enclosed is a copy of Schedule "C" for attachment to the Covenants and Restrictions currently being reviewed by the Board. Please advise when the covenant is approved for recording. Very truly yours, AA F~Tdm encl. 30/shdtpb Abigail A. Wickham S6'f["KF)UIt.E "C"' All that certain plot, piece or parcel of land, situate, lying and being at Bayview in the Town of Southold, County of Suffolk and the State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of North Bayview Road, said point being situate 598.12 easterly from the intersection of the northerly side of North Bayview Road and the easterly side of Reydon Drive; RUNNING thence from said point or place of beginning North 20 degrees 47 minutes 00 seconds East along the easterly side of Subdivision Map "Reydon Court" filed in the office of the Clerk of Suffolk County as file number 8395, 1117.84 feet to the southerly line of land now or formerly of Peconic Land Trust; THENCE South 70 degrees 48 minutes l0 seconds East along land now or formerly of Peconic Land Trust, 740.30 feet to a point;- THENCEr,~outh 00 degrees 50 minutes 23 seconds West along land of Christine C. Hurtado, John L. Hurtado, Sr., Debra J. Hurtado & John L. Hurtado, Jr., 574.03 feet to the northerly side of North Bayview Road; THENCE South 64 degrees 26 minutes 50 seconds West along the northerly side of North Bayview Road 554.14 feet to land now or formerly James C. Boyle III & Patricia Boyle; THENCE North 3 degrees 21 minutes 20 seconds West along land now or formerly 3ames C. Boyle III & Patricia Boyle 262.16 feet to land now or formerly Joan L. Rocchetta & Roberta A. Rocche. tta; · THENCE along land now or formerly Joan L. Rocchetta & Robert A. Rocchetta and land now or formerly of George J. Berry, Jr., the following four courses and distances; 1. North 64 degrees 26 minutes 50 seconds East 331.77 feet to a point; 2. North 36 degrees 07 minutes 00 seconds East 29.84 feet to a point; 3. North 04 degrees 41 minutes 00 seconds East 170.00 feet to a point; 4. North 85 degrees 19 minutes 00 seconds West 260.00 feet to the easterly side of a private 50 foot wide right of way; THENCE South 20 degrees 47 minutes 00 seconds West along the easterly side of said right of way 760.00 feet to the northerly side of North Bayview Road; THENCE North 74 degrees 42 minutes :LO seconds West along the northerly side of North B. ayview Road, 387.78 feet to the point or place of BEGINNING. Said parcel consists of 16.04 acres. PI~NNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGG~ANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR~ P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD JanuaW 22,2003 Ms. Catherine Mesiano 12 Mill Pond Lane East Moriches, N.Y. 11940 RE: Proposed Set-off for Bayview Overlook Locatedon the north Side of North Bayview Road a/k/a 10995 North Bayview Road in Southold SCTM#1000-79-5-20.13 Zone: R-40/A-C Dear Ms. Mesiano: The Planning Board has reviewed the Convenants and Restrictions submitted on July 24, 2002. The following changes are requested: 1. Item 2. refers to a Schedule C attached. Schedule C was not attached to the document. Please submit the schedule for review. Sincerely, ~-~ Semo Enwronmental Planner Encl. Cc: Abigail Wickham DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT ~J. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, A.I.C.P. DIRECTOR OF PLANNING December 6, 2002 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Bd. Main Road Southold, NY 11971 Plat Name: Tax Map No.: SCPD File No.: Hurtado, John Sr., et al (a.k.a. Bay View Overlook Set Off) 1000-79-5-20.13 S-SD-02-02 Dear Mr. Orlowski: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Sincerely, APF:cc G;\CC HORNY\SUB DI~ALD2002~DEO\SDO2-2.D EC LOCATION id, LEE DENNISON BLDG, - 4TH FLOOR I O0 VETERANS MEMORIAL HIGHWAY Thomas Isles Director of Planning ~g.~A~~ Principal Planner MAILING ADDRESS P, O, BOX 6 I O0 HAUPPAUGE, NY I 1788-0099 · (B3 I ) 853-5190 TELECOPIER (63 I ) 853-4044 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 18, 2002 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Bayview Overlook Set-Off Hamlet/Locality: Southold S.C.D.P.W. Topo No.: NA Zoning: R-40 S.C. Tax Map No.: 1000 - 79 - 5 - 20.13 Major Sub. Minor Sub..X Site Plan Cluster Lot Line Change.__ MATERIAL SUBMITTED: Preliminary Plat (3 copies)__(X) Road Profiles (1),~ Drainage Plans (1) Topographical Map (1) Site Plan (1) Grading Plen (1),__ Other materials (specify and give number of copies) 'One Copy of Application Packet as submitted by applicant. Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: The site is located adjacent to Southold Bay. SEQRASTATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type IIAction A (x) () () Negative Declaration Positive Declaration Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes (x) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes (X)No Comments: The applicant has proposed to extinquish the right to further subdivide Parcel 2 followinq this action. We request acknowledgement of receipt of this referral Referral received Commission and assigned File No. Sincerely, (X) Yes ( )No 2001 by the Suffolk County Planning i;¸ WILLIAM WICKHAM ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE FA. GORDON .JANET GEASA LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 147'4 MATTITUCK; LONG ISLAND NEW YORK 11957' 631-298-8353 TELEFAX NO, 631-298-8565 July 24, 2002 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE Iit MELVILLE, NEW YORK 11747 631~B49-9480 TELEFAX NO, 631-~49-9484 Attn: Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Proposed Set-Off Prepared for Christine C. Hurtado, John L. Hurtado, Sr., Debra J. Hurtado & John L. Hurtado, Jr. North side of North Bayview Road, Southold, New York SCTM#1000-79-5-020.013 Dear Mark: Enclosed is proposed Declaration of Covenants and Restrictions in connection with the above application, which prohibits the further subdivision of proposed Parcel 2. Also enclosed is a print of a more current map. Very truly yours, Abigail A. Wickham AA Wldmc eFtc/. 30/shdtpb DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the ~ -/_~h ' day of July, 20021 by JOHN L. HURTADO, SR., CHRISTINE C. HURTADO, JOHN L. HURTADO, JR., and DEBRA J. HURTADO, residing at 10995 North Bayview Road, Southold, New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at North Bayview ROad, Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the Tow-.n of Southold for approval to set off an 8.00 acre parcel from the remainder of the property, in a subdivision shown on map prepared by Fox Land Surveying, dated July 8, 2002, known as Set-Off for Christine C. Hurtado, John L, Hurtado, Sr., Debra J. Hurtado and John L. Hurtado, Jr., and WHEREAS, for and in consideratiOn of the granting of setoff approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of said parcels that the 8.00 acre parcel (Parcel 2) on said map, not be further subdivided, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest' of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenant wl~ich shall run with the land and shall be binding upon all purchasers and holders 'of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. DECLARANT agrees and consents that there shall be no further subdivision of Parcel 2 on said Map, consisting of an 8.00 acre parcel, which parcel is more fully described in Schedule B hereto, in perpetuity. 2. This prohibition on further subdivision shall not apply to Parcel 1 on said Map, consisting of a 16.04 acre parcel more fully described in Schedule C hereto. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. ~Hurtado, Sr. Christine C. H ~n' L~. ltt~tado, lr.y ~'--Debra~. Ht~rtado STATE OF NEW YORK: :SS COUNTY OF SUFFOLK: On July ~, in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared John L. Hurtado, Sr. and Christine C. Hurtado, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notat(-y Publ-ic _ ~.ua~ified In 8~olk Oo~-at~l STATE OF .NEW YORK: ~-~~ r:xlair~ ~ ~0, :SS COUNTY OF SUFFOLK: On July oD , in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared John L. Hurtado, Jr., and Debra J. Hurtado, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the .. re:C&Rpbnfs N~fl~'~ic NO. 01ZA4849721 Q~AEIRED IN SUFFOLK COUNTY COMEISSlON ~PIRES JAN UARY 20, 20~ SCHEDULE"A" All that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument set in the northerly line of North Bayview Road, which monument forms the southeast corner of land of Reydor~ Court Subdivision, Map no. 8395 and the southwest corner of premises about to be described herein, said point also being distant 598.12 feet easterly from the corner formed by the intersection of the easterly side of Reydon Drive with the northerly side of North Bayview Road; RUNNING THENCE North 20 degrees 47 minutes 00 seconds East, 1117.84 feet; Thence South 70 degrees 48 minutes 10 seconds East 800.30 feet; Thence North 20 degrees 47 minutes 00 seconds East 1212.18 feet to the approximate high water mark of Southold Bay; Thence along said high water mark of Southold Bay, the tie line being South 76 degrees 13 minutes 29 seconds East, 156.86 feet; Thence South 16 degrees 04 minutes 40 seconds West, 460.56 feet; Thence South 16 degrees 50 minutes 40 seconds West, 885.54 feet; Thence North 70 degrees 20 minutes West, 20.55 feet; Thence South 23 degrees 10 minutes 20 seconds West, 222.83 feet; Thence South 19 degrees 51 minutes 50 seconds West, 112.35 feet to the northerly side of North Bayview Road; Thence along the northerly side of North Bayview Road, South 64 degrees 26 minutes 50 seconds West, 685.14 feet; Thence North 3 degrees 21 minutes 20 West, 262.12 feet; Thence North 64 degrees 26 minutes 50 seconds East, 331.77 feet; Thence North 36 degrees 07 minutes 00 seconds East, 29.84 feet; Thence North 4 degrees 4t minutes 00 seconds East, 170.00 feet; Thence North 85 degrees 19 minutes 00 seconds West, 260.00 feet; Thence South 20 degrees 47 minutes 00 seconds West, 760.00 feet to the northerly side of North Bayview Road; Thence along the northerly side of North Bayview Road, North 74 degrees 42 minutes 10 seconds West, 387.78 feet to the point or place of BEGINNING. re/schahur · ~i~},. ~. S'CItEDIJLE: All that certain plot, piece or parcel of land, situate, lying and being at Bayview in the Town of Southold, County of Suffolk and the State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Northerly side of North Bayview Road, said point being situate the following nine courses and distances from the ntersection of the northerly side of North Bayview Road and the Easterly side of Reydon Drive 1. Easterly along the Northerly side of North Bayview Road 598.12 feet to the Easterly line of Subdivision Map "Reydon Court" filed in the office of the Clerk of Suffolk County as file number 8395; 2. Thence South 74 deg. 42 min. 10 sec. East along the Northerly side of North Bayview Road 387.78' feet to a point; 3. Thence North 20 deg. 47 min. 00 sec. East along the Westerly side of land now or formerly ,James C. Boyle III & Patricia Boyle and land now or formerly Joan L. Rocchetta & Robert A. Rocchetta and land now or formerly George J. Berry, Jr. 760.00 feet to a point; 4. Thence South 85 deg. 19 min. 00 sec. East along land now or formerly George J. Berry, Jr. 260.00 feet to a point; 5. Thence South 04 deg. 4t min. 00 sec. West along land now or formerly George J. Berry, Jr. 170.00 feet to a point; 6. Thence South 36 deg. 07 min. 00 sec. West along land now or formerly George J. Berry, Jr. and land now or formerly Joan L. Rocchetta & Robert A. Rocchetta 29.84 feet to a point; 7. Thence South 64 deg. 26 min. 50 sec. West along land now or formerly Joan L. Rocchetta & Robert A. Rocchetta 331.77 feet to a point; 8. Thence South 03 deg. 21 min. 20 sec. East along land now or formerly James C. Boyle III & Patricia Boyle 262.16 feet to the northerly side of North Bayview Road; 9. Thence North 64 deg. 26 min. 50 sec. East along the Northerly side of North Bayview Road 554.14 feet to the point or place of beginning; RUNNING thence from said point or place of Beginning North 00 deg. 50 min 23 sec. East 574.03 feet to the Southerly line of land now or formerly Peconic Land Trust; Thence South 70 deg. 48 min. 10 sec. East along land now or formerly Peconic Land Trust 60.00 feet to a point; Thence North 20 deg. 47 min. 00 sec. East along land of Peconic Land Trust, land of Lorraine M. Cornell & Clifford C. Cornell, Jr. and land of Clifford Cornell & Ruth Comell 1212.18 feet to the high water mark of Southold Bay; Thence South76 deg. 13 min. 29 sec. East along the high water mark of Southoid Bay 156.86 feet to the Westerly line of Eleanor M. Kerester & Jamal Manassah; Thence along the Westerly line of land now or formerly Eleanor M. Kerester & Jamal Manassah the following two courses and distances; 1. South 16 deg. 04 min. 40 sec. West 460.56 feet to a point; 2. South 16 deg. 50 min. 40 sec. West 885.54 feet to land now or formerly of Daniel Scotto & Janice Curry Scotto; Thence along land now or formerly of Daniel Scotto & Janice Curry Scotto the following three courses and distances; 1. North 70 deg. 20 miR. 00 sec. West 20.55 feet to a point; 2. South 23 deg. 10 min. 20 sec. West 222.83 feet to a point; 3. South 19 deg. 51 min, 50 sec. West 112.35 feet to the Northerly side of North Bayview Road; Thence South 64 deg. 26 mtn. 50 sec. West along the Northerly side of North Bayview Road, 131.00 feet to the point or place of BEGINNING. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 6, 2002 Ms. Catherine Mesiano 12 Mill Pond Lane East Moriches, N.Y. 11940 RE: Proposed Set-off for Bayview Overlook Located on the north side of North Bayview Road a/k/a 10995 North Bayview Road in Southold SCTM#1000-79-5-20.13 Zone: R-40/A-C Dear Ms. Mesiano: The Southold Town Planning Board, at a meeting held on Monday, November 4, 2002, adopted the following resolutions: WHEREAS, the applicant proposes to set off an 8 acre improved Parcel (2), located within the R-40 Zoning District, from a 24.04 acre parcel, located within the R-40/A-C Zoning District; and WHEREAS, a Stage I'Archival Search and Archeological Survey and NatUral Resource Survey has been conducted by the applicant for the property; and WHEREAS, the Planning Board has reviewed these documents and has determined that they are sufficient in assessing the natural and archeological resources on site and that the proposed action would not result in a substantial environmental impact to Parcel 1 and Parcel 2; and WHEREAS, as a condition of any approval for the proposed application, the applicant has volunteered to place a covenant on Parcel 2 stating that "no further subdivision of Parcel 2 into perpetuity is permitted"; and WHEREAS, Parcel 2 is improved and following the recording of the Covenants and Restrictions, no further residential construction will be permitted into perpetuity; and WHEREAS, as a result of approval of this proposed action one new residence could be constructed on Parcel 1 (16.23 Acres); be it therefore Bayview Overlook Set-Off - Paqe Two - 11/6/02 RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it FURTHER RESOLVED, pursuant to General Municipal Law Subsections 239-1,239-m, 239~n and Suffolk County Administrative Code Article XIV; Subsections A~14-14 to A14 - 24, the Southold Town Planning Board refers the application to the Suffolk County Planning Commission for review and comment. Once we are in receipt of the Suffolk County Planning Commissions comments, the application will be scheduled for an upcoming Work Session. Enclosed please find a copy of the Negative Declaration for your records. Bennett Orlowski, Jr. ~ Chairman Encl. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairm~n RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 4, 2002 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Set-Off for Bayview Overlook SCTM#: SCTM# 1000-79-5-20.13 Location: Located north side of North Bayview Road in Southold SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration' Yes( ) No (X) Description of Action: The applicant proposes to set off an 8 acre improved Parcel (2), located within the R-40 Zoning District, from a 24.04 acre parcel, located within the R-40/A-C Zoning District. Parcel one is comprised of two freshwater systems and open fields with intermittent mature trees and lawn. No further subdivision and hence, additional residences will be permitted on Parcel 2. Consequently, no significant impacts are expected. Parcel 1 is comprised of woodland. FROM iF,E:. .--- FAX NO. : G31-8~8-8952 31 2L38:. 02:24PM P1 CATHEA;ZME ME$::[ANO, INC. 12 MZLL POND LANE EAST M~OR3:CHE$, NY 11940 PHONE/FAX: 631 -878-8951 PACSZMZLE T~ANSMZTTAL SHEET FROM~ MARK ~Y ~th~i~ Mo.r~k: As you requested, {oiIowi~,g is the LON~ EAP i:or the above ~efere~ce~ project. Any questions, plebe c~tl. FROM :C MESIANO I?,IC, - FAX HO, :G3%-878-8952 ,-qct. 31 2002 8~:24PM P~ PART ~--PROJECT INFORMATION P~epared by Project Sponsor NO'f'ICE: Th{s document is d~iQne~ to as~ i~ de~r~i~g ~ther the action proposed may have a signal:cant mff~t ~ the e~vi?o~ment. P~eamm c~mpP~e the snore ~rm? Pa~s A through E, ~swers to these que~ions wtl~ be consMe~d a~ pa~ of the appl~c~t~m f~ ~rm~ a~d may be mubj~t [o ~mr verificatlo~ ~nd publ~ ~evlew, Prov~ a~y a~i~io~a~ l~rme~n ~ ~t~Ye 1~ ~s ex~ected t~8~ com~etion of the fu~J EAr wiJ~ be dependent on info.arian cu~en~y availabM and w;l~ not ~nvoive n~ studies. Name of Action $£T,OFF BaT~ '~ ~EW O'~ELOOK AT 5OUTHOLD 10995 NORTH BAYV[EW P, OAD,SOUTIqOLD SUFFOLK COL.rNTY, NY Add,,'esa l~ btlI, L I(~ND LANE Ciiy t PO EAST Zip Code 11940 Nam~ of ~¥~er (if diff~ro~0 CHB.tST]NE & JOHN HUR?ADO, SP,. & DEBORAH & ,JOHN HURT,ADO, JR Addree~ BOX t925 City ] PO $OUTHOLD $~ NY ZipC~de 1197I SET-OFF OF 8 ACEE LOT FROM 2.4043 AC~J~ TILACT Page. 2 of 21 :C MESIAHO ~NC, FAX HO. :631-878--8951 2882 02:25PH P3 Please Comp;ets Each Question-~n~licate N.A. if not ~li~ble A. S~TE DESCRIPTION k~'-] R~sident;i~i (suburban.) Tot,~I ~c:~mge cf t~m~ect ~rea: 24,043 acme. APPROXIMATE ACREAGE Meadow or 8rushi~d (N~-agricut~u'ral) Forested A~riCUttum~ (Incl~es orchards, c~tan~, ~sture~ gtc,) Wetland (Freshwater or ~¢~ai a~ per A~cfes 24,25 ~r ECL) Wa~er St.¢i'face A~a U~vege~ated (Rock, each or fbi) Ro~ds, ~u~idings and other paved surfaces Oth~ (i~icate rye) ~~SACAPED AREA~DRIVEWAY' PRESENTLY AFTER COMPLETION ,~O acres 2D 0 a~es 0 3 ~cres 3 Wheat is predominant soil t..vpe(s} on p,'-ojecL ~itc? a, Soil tirol.age: ~We~ drained _ 9~% of site ~ M~erate~y weli dm~e~ !% of stte. ~P~,r~y dmJn~ 1% Of sfte tf ~r~ agdcuJturaJ ~er'd is involved, how ma¢~y acres of ~oji am cfassifi~ within sotr ~oup ~ thro~h 4 of Lh~ NYS ~nd Are =hm'e b~.dr~ck o~;tcreppin(Js on project site? O Yes 4. a, Whet is depbh te b~r~ Cn feet) 5. Approximate ~r~t~ge of proposed pr~ect site w~th S[O~S: ~o4o% _.~% [~10. ~S%~% E~ 15% or 9rearer ...... % 5. m pr~ect substantial~..v...c, ontiguaus Co, or contain a building, ~ite, or dis~ict, ~ste~ on ~ State ~ Natle~J Re~istem of 7, ~S pr~ect su,bstandaiiy cantigu~ to a sfte ~lst~ on tho Register or National Natum~ Landmams? ~Yes ~No 1 O, OO hur~ing, fishing or *hell fishing o~oitunitio~ pte~ntly exist in the project 8~a? ~ Yes ~ NC Page 3 of 21 hF.,,,Jfl :(3 HESIAHO lt,4C, - FAX hiEh :532-8?8-8952 qct. 31 2E~02 02:25PM P4 !2. BLUFF, t:>ONDS W/FRESHWATER 'WETLANDS 16, Lakes, t~ot'~ds, wet, and am~ w~ ~ co~d~aeus to pmjoct ama; 2 8MALL PONDS W/SORRO[f~"BiNG FRESHWATER ~T~NDS Size (;'n acresh FRor'i :C MESIANO iNC. FRX NO, :631-878-8951 q~t, 3t 2882_ 02:25PM P5 ! 7. ~s the site .serwd by ezi~,.dng pu~!ic utilities? ~ Y~s ~ No b. ~f Y~, will improvements ~ nec~ssa~ to allow ~nn~tion? ~Yes q 8. ~s ~be site ~ in ~n ~ricult~ai ~strict c~fi~ ~urs~n~ ~o Agri~u~ure ~l~ Markets Law, ~le 25-~, ~tbn ~ and "] 9, Js ~he 5~t~ i~t~d J~ ~ub~Land~l~tig~s ~ a Critical Environmm~l Area ~na[ed pu~uam ~o A~Ic~ ~ ~ ~ ECL. ~n~ 8 NYCRR 6! 77 ~Yes ~ No 20 fias ~h¢ site ever been used for the disposal of solid or h~z~t"clous wastes? B, t, Phy.~icai dime~sions ~nd ~al~ of project (fill in dimensi~n~ as appropriate}, b, d, t~. If residemiai: Numar and ty~ of t~ousing One Femi~y Two Famffy i. D;'menSons (i~ feet) of largest pro~sed s~ructur6; ...... ~5~. ~ight; __ . j, Lm~at f~[ of fro~e a~ong a pu~J~ mor~ghf~re pr~ect win ~cupy i~'? .... Hm~ ~h natar~i m~t~ri~t (Le. r~. ~a~, ~tc.) w~It a. If yes, for wh~t i~t~d~ put.se Is the siLe Pre-eat aarea~ to ~ aevel~d~ _ g ~s i~ttially; project acreage to Length ¢ pcecL in mile~; N/A 0f appreciate If :ha pr~i~ct i~ ~n ~x~n~on,. indicate ~r'cent of ex~n~on proposed, Numar of off. strea[ ~r~lng spaces Maximum vehicular trips ge~emmd ~r hour': 24,043 acres, acres uitimat, ely, N!A % ,(upon compie[ion of project)? Multiple Family 0 0 0 ll;OIq 9/CuCJi¢ D, W!il top.~cJil t~ s:ockpiied f~' recmmatJon? D Yes II1 No c Will u~r Sub~i ~ st~kpiied for reclamation? ~ Yes ~ N~ How ma~y acres of vegetafi~ (trees, ~bs, gr{~ ~v~s) w~ll ~ remov~ fr~ 5ire? 0 acres, COndominium 0 ?0__IL length, Page 5 of 21 FROM :C MESIAHO iNC. ¢ ~Ye~ ~N~ tf ~iri~e ph~ pmjec:~ A~)dd~8~ed ~r~ of cons[ruction: ~ ~n~h~, ~incl~d~ng d~molido~) ~ To~I tlUm~ ~f phases am~iclpa~ed _ 8, WM masting ~cur ~dng con~t~cd~? ~ Y~s ~ No 9, Number of jobs ~et~era{~d; ~ri~g con5b~c[ion ~/A; a~er proj~t is complete ~ O, Numar of jobs e~im~namd by this pm~ect ~f yes, ~2. l~ s~fface liquid wast~ dispo,~i i~avojve~? [~Yes ~. tf ~s, indic~ ty~ of waste [~wage, ind~tdal, crc) and b, Nam~ of w~r ~y in~ Which effi[.~nt witI ~ di~ha~ 1 3, ts s~sur~ac~ liquid waste dis~s~ involved7 ~ Yes ~ NO Type ~OUBE~OLD SANIT~Y ~EWAGE ~ 4. Wil~ sudace srea of an existi~ wa~ ~y i~a~ or d~r~se Dy pro~sa~7 ~ Yes ~ No If ye~, 15. Is p~j~ct or any Fertio~l of project go,ted in a 100 year f!om:l plain? OYes ~ 6. Wi~ the pro~ect generate solid waste'? [~ Yes E~ No d, [~No If y~,, wh~: is the ~,mour~ pet' month? <I tons r=!No Page B cf 21 FRQPI ;C MESIRNCJ iI",4C, '' FH¢', NIZI. ~o~&-~ c-,:,~, -qct. 3:~ 2882 02-"2GPH P? I~CYCLI>IrG OF PAiJFJ~, (~L.AS$ AND M_~TALS pER. LOCAL RECYCLING PROGRAM 24, Does pr~ect ir~voive Local, S~: or Federal funding? ~ Yes ~ ~o Page 7 of 21 F'ROH :C ME~I,qNO INC. F~qX HO, :631-878-895! Oct.. 31 ~-.~,R .... 02:26PM P8 Type Submk~ SET-OFF 6/2002 City, T~wn ,~oning :1~ard ~Ye$ E~] No r~No [~] Yes J~ No Does If Y~. indica~ d~is~on [~j SUl~livlsi~n FAX MO. :631-078-8951 Oct~ 3! 2002 02:26PM P9 R-40 A:~'D A-C What. iS tt~ rn~xtmum poten't;iaf ~Jevek:~. merit of imm site if de,m!~p?...~.~?m!tte{) by tn pm~nt zoning?. ........... '9 UN[TS What Is the ma~imur~ pote~ia~ deveiopme~qt, of the site If developed es permitted by tlqe proposed iRESIDENT.;rAL R-40, E-g(k A-C ~. L~ [ha PropOsed action cornp~tibl~ with edjoining/m~rrounding lat~d u~s with a ~ mi~e? 9, )f the pre~ed action is the ~u~ivi~n of tend, how many lots a~e pro.seal? 2 a, Wha~ is thc minimum lot ~)ze pm~,~d? g ACRES 0 No Page 9 of 21 FROH :C HESiANO :1,~,~.~ FH~.,~ NO, :651-87E~-~951 O~t. 31 ~'E~02 0~:27PP1 P10 ) O, Wiii proPPed actium mqui~ any au~horiza[b~(~} tSr th~ formation of r~wer or water diSkfit[s? ~ Yes [~ N~ ] 'l, Wi~! th~ pr~po,~ed ~c~.io~ cres[e a dams, nd for any commurity provided services (recr~atJc~n, ~ducation, polic~, fi~ protection? Will t~ p~¢~s~d ~on msul~ in ~ get.at.on of traffic significantly a~ve pm~ent ~ve~? r='l Nc, AppiJca/~S~n.,o~ N~nle ~~ / PLANNING BOARD MEMBERS BENNETT ORLOWSKI, gl~. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Section 617.8 of the State Environmental Quality Review Act, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 1§th day of August, 2002 on the question of the following: 3:00 P.M. Scoping Session for the preparation of a Generic Environmental Impact Statement for the Hog Neck Peninsula. The geographic boundaries of the study encompass all waterbodies and lands located to the south and east of Goose Creek and Elizabeth Lane and east of Corey Creek in Southold, Town of Southold, County of Suffolk, State of New York. 4:00 P.M. Scoping Session for the preparation of an Environmental Impact Statement for the proposed minor subdivision of John & Rose Milazzo. The property is located on Pipes Creek & bordered on the north by the LIRIR track in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-53-1-9 Draft Scopes are available on the Town of Southold's Web Site (www.northfork.net/southold) and the Planning Board Office. Dated: 8/5/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ON THURSDAY, AUGUST 8, 2002 AND AUGUST 15, 2002 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU COPIES SENT TO: Suffolk Times FEOM : SOUTHOLD TOWN PL~t P,O, Box tl7 53095 Route Southo~d. NY Phone: [631) Fax: (63!) 76 E~Mail: plann! I@71 ~5-1938 31 :$'6 {~isouthold.org IFax '1~ The $~ ,~. Legal, F. ditior ~lk'rimes ,~,. Valerle ~ 8/5/02 for ~8~2 & 811~02 cc: ~ R~v~ Pl~ ~en~ Ple~ Ptease print Scoping Se~ 3:00 p.m. H( 4:00 p,m, Mi , foii:;win9 {eg~I ads in the 8/8t02 & 8H 5/02 edit~cns. Th~nk~. s N<~k Area ~zo Minor Subdivision Kindly ackn, Reoeive<i by Date: dedlge receipt by signing below amd faxing cover letter back. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1i79 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Section 617.8 of the State Environmental Quality Review Act, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 15th day of August, 2002 on the question of the following: 3:00 P.M. Scoping Session for the preparation of a Generic Environmental Impact Statement for the Hog Neck Peninsula. The geographic boundaries of the study encompass all waterbodies and lands located to the south and east of Goose Creek and Elizabeth Lane and east of Corey Creek in Southold, Town of Southold, County of Suffolk, State of New York. 4:00 P.M. Scoping Session for the preparation of an Environmental Impact Statement for the proposed minor subdivision of John & Rose Milazzo. The property is located on Pipes Creek & bordered on the north by the LIRR track in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-53-1-9 Draft Scopes are available on the Town of Southold's Web Site (.www. northfork.net/southold) and the Planning Board Office. Dated: 8/5/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 6th day of August, 2002 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southoid Town Hall, 53095 Main Road, Southoid, New York 8/15/02 Scoping Sessions: 3:00 p.m. Scoping Session for the Hogs Neck Area, Southold 4:00 p.m. Scoping Session for the proposed Minor Subdivision of John & Rose Milazzo S CTM#1000-53-1-9 Carol Ka'li~ Secretary, Southold Town Planning Board Sworn to before me this ~ day of ,2002. JOYCE M. WILKINS Notary Public, State of New York No. 49522.46, Suffotk County 'ferm Expires June 12, .~.(~D~ PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS RICHARD CAGGIANO FIARTIN S]iDOR, JR. P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Coordinating Agencies From: The Planning Board Date: August 5, 2002 Re: Hog's Neck Peninsula Generic Environmental Impact Statement Please find the attached passed resolution and draft scope for the above referenced project for your perusal and comment. A scoping session is set for August 15, 2002 at 3:00 pm at the Southold Town Hall Meeting Room, 53095 Main Road, Southold. If you have any questions please do not hesitate to call our staffat (631)-765-1938. Eric. Cc: Joshua T. Horton, Supervisor Town of Southold Town Board Greg Yakaboski, To~vn Attorney Town of Southold Board of Trustees Scott Hilary, Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Jamie Richter, Town Engineer Pete Harris, Highway Superintendent Suffolk County Department of Health Services Suffolk County Department of Planning Suffolk County Water Authority New York State Department of Environmental Conservation, Stony Brook New York State Department of Environmental Conservation, Albany Marian Sumner, Applicant Agent Charles Cuddy, Esq., Applicant Agent Patricia Moore, Esq. Applicant Agent Richard Lark, Esq. Applicant Agent Cathy Mesiano, Applicant Agent Betsey Dickerson, Applicant Chic Voorhis, Nelson, Pope & Voorhis, LLC To: From: Date: Re: Town Board of the Town of Southold The Town of Southold Planning Board June 25, 2002 HOG NECK PENINSULA SEQRA COORDINATION, INTENT TO ASSUME LEAD AGENCY INTENT TO REQUIRE A GENERIC ENVIRONMENTAL IMPACT STATEMENT The following resolutions were passed during the June 24, 2002 Special Meeting. WHEREAS, the Town of Southold Planning Board has received a large number of subdivision applications on the Hog Neck Peninsula within recent months, and these applications are simultaneously pending review and decision by the Planning Board, and WHEREAS, these projects are interrelated to the extent that one project on its own may not overtax environmental resources; however, the combined effect of development may result in adverse environmental impacts, thus indicating the potential for cumulative impacts, and WHEREAS, the Planning Board recognizes that while there is zoning as a guiding land use development control, that the combination of subdivisions currently proposed, and the potential for further subdivision pursuant to current zoning, may in fact exceed the resource carrying capacity of the peninsula due to it's unique geographic, environmental and planning considerations, and as a result may result in significant, adverse environmental, impacts, and WHEREAS, the Planning Board is familiar with the State Environmental Quality Review Act (SEQRA) and the Board's responsibilities as the stewards of land use under the Zoning Code to consider the environmental consequences of land use decision making, and further that SEQRA Part 617.10 indicates that a generic ElS may be used to assess the environmental impacts of: Hog Neck Peninsula SEQRA Resolution (1) a number of separate actions in a given geographic area which, if considered singly, may have minor impacts, but if considered together may have significant impacts; or (2) a sequence of actions, contemplated by a single agency or individual; or (3) separate actions having generic or common impacts; or (4) an entire program or plan having wide application or restricting the range of future alternative policies or projects, including new or significant changes to existing land use plans, development plans, zoning regulations . or agency comprehensive management plans the Planning Board finds that many if not all of these criteria exist with respect to Hog Neck, and WHEREAS, more specifically, the Planning Board finds that, the pending applications represent consideration of a number of separate actions in a limited resource area; that the approval of these actions represents a sequence of actions which may have a significant impact; that these separate actions have generic or common impacts; and that the approval of piecemeal subdivision of land on the Hog Neck peninsula may foreclose the possibility of alternative conservation land use, coordination of resource protection, and may in fact cumulatively overtax the environmental resources associated with Hog Neck, and WHEREAS, the Town of Southold has a Master Plan and a series of studies, planning initiatives and a record of decisions which establish the Comprehensive Plan of the Town; specific studies which establish the planning framework of the Town of Southold are identified below: · Land Use and Groundwater Quality in the Pine Barrens of Southampton (Cornell, 1983) · Southold Demonstration Project (Comell, 1983) · Town Master Plan Update (1985) · Long Island Comprehensive Special Groundwater Protection Area Plan (1992) · Southold Town Stewardship Task Force Study (1994) · Agricultural and Farmland Protection Plan (1996) · Long Island Sound Coastal Management Program (1999) Town of Southold Draft Local Waterfront Revitalization Program (1999) · County Route 48 Corridor Land Use Study (1999) Farm and Farmland Protection Strategy (1999) · Town Water Supply Management& Watershed Protection Strategy (2000) · Town of Southold Local Waterfront Revitalization Program (2001) the Planning Board is aware of these studies, and coupled with the zoning map and Zoning Code of the Town of Southold, seeks to maintain orderly development within the purview of the Board's functions, and 2 Hog Neck Peninsula SEQRA Resolution WHEREAS, the Planning Board is aware of an overriding set of goals and desires represented by four (4) themes which are embodied in Iand use documents and regulations and the Comprehensive Plan of the Town, specifically noted as follows: (2) (3) (4) The preservation of farmland and agriculture, The preservation of open and recreational space, The preservation of the rural, cultural, commercial and historical character of the hamlets and surrounding communities, and The preservation of the natural environment. the Planning Board finds that responsible land use decision making must consider these themes, and WHEREAS, the potential for simultaneous development of the current pending applications, and the potential for further development of vacant lands on the Hog Neck peninsula, poses a significant adverse environmental effect upon the resources of Hog Neck, and further may result in a conflict with the four (4) themes that establish the goals and desires of the Town of Southold in terms of the Comprehensive Plan, and WHEREAS, the Hog Neck Peninsula is a unique land mass comprised of approximately 2 ½ square miles, that has limited resources, and is independent in many ways from the main body of Southold Town, and WHEREAS, Hog Neck has only two points of access resulting in concern over emergency access as well as the general capacity of the roads to' sustain combined development pressure of the pending projects as well as further development of other vacant lands, and WHEREAS, Hog Neck is surrounded by water and constrained with respect to access, and as a result, emergency service response, evacuation, flood zone management, and other service and community protection aspects associated with extensive development of Hog Neck warrant consideration, and WHEREAS, Hog Neck is adjacent to the Peconic Estuary Reserve, and land use and development must be carefully considered with respect to potential impacts on the Peconic Estuary, and WHEREAS, Hog Neck is surrounded by tidal waters and tidal wetlands, and has a number of interior tidal creeks including Goose Creek, Corey Creek and Cedar Beach Creek, comprising vast areas of marine waters and tidal marsh/wetlands, which are' productive ecological resources with significant environmental benefit in terms of habitat, food production, stormwater and flood control, with the Hog Neck Peninsula SEQRA Resolution recognition that these resources and adjacent protective buffers should be protected, and WHEREAS, Hog Neck includes as many as twelve (12) interior State designated freshwater wetland systems (which are grouped and comprised of more than one feature in many cases), and that these systems provide habitat, water resource benefit, and potential inter-linkages in terms of species migration and support, with recognition that stresses to these resources could result in adverse environmental impacts, and WHEREAS, Hog Neck is an independent groundwater reservoir, which is subject to salt water intrusion, encroachment of the salt water interface, and depletion for water supply, as well as impact from groundwater discharge, which may result from over-intensified development, and WHEREAS, Hog Neck, due to freshwater and tidal wetlands, as well as open space and upland habitats, is a haven for wildlife resources which depend on the natural environment and expanses of natural resources associated with the peninsula, and that intensified use may result in impacts to these ecological resources, and WHEREAS, Hog Neck includes rural, open space, agricultural and natural resource qualities, as well as cultural resources; these are resources which are embraced by the Town under the Comprehensive Plan and further are resources which may be adversely affected by over-intensification of development, and WHEREAS, as a result of the traffic, water resource, ecological, open space and cultural resources associated with the overall peninsula, and the potential impacts thereto, the Planning Board finds that consideration of individual projects without interrelated review would be contrary to SEQRA, and WHEREAS, the Planning Board of the Town of Southold in view of the information available with respect to the Hog Neck peninsula, and the pending projects as well as developable land, finds it would be irresponsible to review the current applications in a piecemeal fashion, and that this would essentially result in a segmented review of a series of actions that are expected to result in cumulative and generic impacts, and WHEREAS, the Planning Board has conducted a coordinated review with involved agencies of individual actions including both Type I and Unlisted actions, and has assumed lead agency as a result of their role in the review and approval of subdivision applications, and WHEREAS, the Planning Board has authority to use planned residential development (cluster) provisions with respect to protection of sensitive environmental resources, and further routinely uses conservation subdivision, purchase of 4 Hog Neck Peninsula SEQRA Resolution development rights, and other land use, environmental and zoning techniques to analyze, mitigate and reduce impacts consistent with the Town Comprehensive Plan and in compliance with SEQRA, and WHEREAS, such techniques are available with respect to Hog Neck; however, piecemeal review of applications does not allow for the effective use of such techniques to adequately protect sensitive environmental resources. NOW THEREFORE BE IT RESOLVED, that the Town of Southold Planning Board hereby issues this resolution as a mechanism for coordinated reView with involved agencies with respect to the combined actions and resultant development pressure on the Hog Neck peninsula, and that this resolution and the background set forth shall be used in lieu of an Environmental Assessment Form given the detailed account of the environmental sensitivity of Hog Neck identified herein, the geographic area involved and the multitude of pending applications, and BE IT FURTHER RESOLVED THAT, the Planning Board, after a period of thirty (30) days intends to assume lead agency status with respect to pending subdivision review of applications, and BE IT FURTHER RESOLVED, that the Planning Board finds that a Generic Environmental Impact Statement (GELS) is appropriate and intends to issue the appropriate determination to require such document for the Hog Neck peninsula, considering the current pending applications which are expected to result in cumulative and generic impacts, and BE IT FURTHER RESOLVED, that the Planning Board authorizes the secretary to the Board to file this notice with the following parties: New York State Department of Environmental Conservation, Albany New York State Department of Environmental Conservation, Stony Brook Suffolk County Department of Health Services, Riverhead Town Board of the Town of Southold Town of Southold Trustees Ms. Betsey Dickerson, Applicant Patricia Moore, Esq., Applicant Agent Abigail Wickham, Esq., Applicant Agent Richard Lark, Esq., Applicant Agent Cathy Mesiano, Expeditor, Applicant Agent Hogs Neck Peninsula Draft Generic EIS Town of Southold DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT HOGS NECK PENINSULA A) DI~4FT GENERIC E~NWIRONMENTAL IMPACT STATEMENT (GELS) This study will be consistent with SEQRA guidance for a GEIS, and will include the entire Hogs Neck Peninsula. The study will utilize GIS wherever possible. Shape files will be obtained from the Town of Southold under a sub-license agreement with the Town and County, for use in evaluating and mapping environmental resources, planning and zoning data, and build-out analysis. An analysis of vacant subdividable lands will be conducted as a basis for impact analysis. The build-out analysis will be used to determine demographic, fiscal, groundwater, trip generation, and other density- derived changes in the current environment which would be anticipated. Assumptions will be made regarding natural areas and open space, fertilized areas, other landscaping, and general site development. A full ground;vater impact analysis will be prepared, and the peninsula will be modeled for nitrogen load and water budget. Water quality data Will be obtained and discussed with SCDHS, and water availability will be assessed in terms of yield and population. Tidal and freshwater wetlands will be mapped and a full ecological impact analysis will be prepared. Flood prone areas wilt be mapped and access considered. A traffic impact analysis ;viii be conducted based on the build-out scenario. Ideally, four (4) Automatic Traffic Recorders (ATR) would be installed to monitor trips and key locations before, during and after the Memorial Day Weekend. Four (4) key intersections would also be studied, and access constraints, congestion, level of service and traffic mitigation findings documented. Other environmental resources and potential impacts will be analyzed based on the SEQRA outline included below. Mitigation measures, potential open space acquisitions, linkages, constraints and limitations, development standards, etc. will be documented to assist in ensuring that the carrying capacity' of the peninsula is not exceeded. The consultant ;vill work closely with the Toxvn to coordinate efforts and will meet with Planning Staffto discuss results and mitigation. The following outline provides a further framework for the DGEIS. 1.0 DESCRIPTION OF THE PROPOSED ACTION 1.! Project Purpose, Need and Benefits 1.1.1 Background and History 1.1.2 Public Need and Municipality Objectives 1.1.3 Benefits of the Project 1.2. Location Geographic boundaries Districts or Lands Affected Establish study area and specific parcels for which detailed information is available Page 1 of 5 Hogs Neck Peninsula Draft Generic ElS 2.0 1.3 1.4 1.5 Proj eot Description Describe any site specific conceptual proposals that the To,am is aware of, as well as study area land use recommendations as hypothetical land use proposals, to form a basis for impact analysis relating to a proposed project. Describe in detail the current zoning, pending projects, comprehensive plan and management strategies, and determine a build- out density based on current zoning for project evaluation. Schedule, Construction, Operation Provide any pertinent insight into thc schedule for implementation of the land use initiatives, as well as the schedule for construction and operation of any known land use projects on site specific parcels. Approvals Describe any approvals necessary to implement the proposed land use initiatives of the study, as well as subsequent agency decisions which would be needed for any lmown specific land use projects. ENVIRONMENTAL SETTING 2.1 Geology - Provide a description of the study area geologic environment. Describe thc importance of the resource and the protection of same. Obtain information from the Suffolk County Soil Survey and regional mapping. 2.1.1 Surface Soils - Suffolk County Soil Survey soil associations 2.1.2 Topography - describe based on USGS or regional mapping resources, as well as site specific information as available. Provide slope analysis of study area utilizing digital elevation models. 2.2 Water Resources - Provide a characterization of the water resource environment in Hogs Neck. Describe the importance of the resource and the protection of same. Obtain information from SCDHS, Town GIS, 208 Study, Comprehensive Plan, etc. 2.2.1 Groundwater - recharge areas, watersheds, general ;vater quality, water supply; depth to groundwater, direction of groundwater flow, etc. 2.2.2 Surface Water and Drainage - significant surface water features and drainage characteristics. 2.3 Ecological Resources - Provide a characterization of the ecological environment of the study area. Describe the importance of the resource and the protection of same. Obtain information from To;vn GEIS's, Open Space and Natural Resource Inventories as ;vell as site specific field inventories, aerial photography and site habitat mapping. 2.3.1 Vegetation - describe habitats on undeveloped parcels of study area. 2.3.2 Wildlife - describe unique species (threatened, endangered, special concern) and abundance of common species in habitats of affected lands. 2.3.3 Unique Habitats, Species, etc. ~ consult Town/State ;vetlands maps to identify wetlands on or in proximity to the site; contact NYS Natural Heritage Program for any unique habitats, floral or fauna species. Evaluate any species' biological needs and suitability of site to accommodate species. 2.4 Transportation - describe major highways, access to lands, local roads and overview of infrastructure. Summarize Traffic Impact Study (see separate scope). 2.5 Land Use and Zoning 2.5.I Land Use - describe and map existing land use patterns in the study area. Use aerial photographs to document surrounding land use categories as well as surrounding area; establish land use categories and use Town GIS. 2.5.2 Zoning - describe and map existing zoning of lands in study area using Town GIS. Page 2 of 5 2.6 2.7 2.8 3.0 4.0 5.0 6.0 Hogs Neck Peninsula Draft Generic ElS 2.5.3 Special Districts - describe and map special districts, if any. 2.5.4 Land Use Plans - Review available land use plans including Existing Town Zoning, Special Districts, and relevant regional land use plans and regulations including the 208 Study, and Article 6 of the Suffolk County Sanitary Code. Community Services - discuss and map school districts, and discuss other community services and infrastructure within the study area, including police, fire, solid waste, and utilities. Cultural Resources 2.7.1 Visual Resources - discuss visual resources of study area, existing site character and open space. 2.7.2 Cultural Resources - Describe Cultural Resources Assessment (CRA) including. archival search, historic maps, walkover and documentation of potential l'fistoric and archaeological site sensitivity. Summarize Stage IA Cultural Resources Assessment (see separate scope). 2.7.3 Noise Resources - describe noise sources within study area; identify sensitive receptors adjacent the study area. Growth-Inducing Aspects SIGNIFICANT ENVIRONMENTAL IMPACTS - Impacts of each resource area noted above will be discussed and analyzed in detail; impacts will be discussed as long term/short term, site specific or cumulative where appropriate. 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Geological Resources Water Resources Ecological Resources Transportation Land Use, Zoning and Plans Community Services Cultural Resources Growth-Inducing Aspects Cumulative Impacts MITIGATION MEASURES 4.1 Geology 4.2 Water Resources 4.3 Ecological Resources 4.4 Transportation 4.5 Land Use and Zoning 4.6 Community Services 4.7 Cultural Resources 4.8 Socio-Economic 4.9 Cumulative Impacts 4.10 Growth-Inducing Aspects ADVERSE IMPACTS THAT CANNOT BE AVOIDED ALTERNATIVES 6.1 No Action Alternative 6.2 Full Development under Current Zoning 6.3 Reduced Density Development Page 3 of 5 Hogs Neck Peninsula Draft Generic EIS B) EIS EXCLUSIONS 1. Fees are for professional services only and do not include direct costs (non-xpected); 2. Engineering, surveying or other services not specified herein; 3. Duplication of document for submission (1 client copy included per submission); 4. Direct cost of site soil borings, sampling, water/soil/sediment analysis or other testing, if required (not expected); 5. Public hearings and meetings; public presentation materials (if required); revisions to EIS caused by requests for additional work during comment periods, will be billed based on time rates; all meetings, attendance at hearings and/or work not specifically mentioned herein will be billed at on an hourly rate basis in accordance with the time rates fee schedule. TRAFFIC IMPACT STUDY o 8. 9. 10. Conduct seven day automatic direction traffic counts at the following locations: a) Bayview Road (main) south of Smith Drive South b) Bayview Road (North Road) North of Goose Creek Lane Calculate the vehicles trip generation rate for the existing residences on Great Hog Neck using the automatic traffic counts and Town data bases to determine the appropriate number of residences. Estimate the number of single family residences, which can be constructed on the undeveloped land on Great Hog Neck. Compare the prevailing trip generation to the Institute of transportation Engineers Data. The higher value the data developed for the prevailing trip generation or the ITE data will be used to project potential traffic increases. Conduct morning (7-9am) evening (4-6pm) and Saturday midday (llam-2pm) intersection turning movement counts at the following intersections: a) Route 25 Main Road and Corwin Lane. b) Route 25, Main Road, and Ackerly Pond Road. c) Route 25, Main Road and Oakla~vn Avenue d) Route 25, Main Road and Horton Lane. Calculate the growth of the existing traffic using New York State or Suffolk County growth factors. Compare the existing road future traffic capacity and Levels of Service at the intersections listed above. The future conditions to be evaluated are: a) Complete development per existing zoning by 2012 b) Reduced development density as approved by the Town of Southold by 2012 Review the emergency service access with the appropriate officials for the existing and full development and reduced density conditions. Inventory the existing Bayview Road intersections to determine sight distance restrictions. Collect existing traffic volume data from the Suffolk County Department of Public Works and the New York State Department of Transportation. Compile and evaluate the data collected into the GEIS for the existing, full development and reduced density conditions. Page 4 of 5 Hogs Neck Peninsula Draft Generic EIS C) CULTURAL RESOURCES ASSESSMENT Retain the services of a qualified archaeological services consultant to perform a Stage IA study for the peninsula. The Stage IA (Documentary Search and Sensitivity Assessment Study) report will consist of documentary search and visual inspection study prepared according to NY Archaeological Council guidelines. The report will be accompanied by recommendations regarding the need for further study if applicable. D) DRAFT ElS FOLLOW-UP AND FINAL EIS PREPARATION The DEIS may require finalization, and/or revision subsequent to Planning Board/staff input. The FEIS phase is most difficult to anticipate as the FEIS depends upon the written and oral comments received by Town'at hearings and during the comment period. A budget is .typically estimated based on experience with prior similar projects; however, depending upon agency/public input, the budget could be more or less. The following services are anticipated: 1. Attend meetings related to Draft and Final ElS. 2. Revise Draft ElS per comments from lead agency(s). 3. Attend Public Hearing on Draft EIS. 4. Prepare Response to Comments on Draft EIS and submit as Final EIS. 5. Revise Final EIS for acceptance by lead agency. Page 5 of 5 WILLIAM WlCKHAM ERIC d. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WlCKHAM, WiCKHAM 8, BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 14:::'4 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631~298-8565 July 24, 2002 MELVILLE OFFICE ~7~ BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Attn: Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 Re.' Proposed Set-Off Prepared for Christine C. Hurtado, John L. Hurtado, Sr., Debra J. Hurtado & John L. Hurtado, Jr. North side of North Bayview Road, Southold, New York SCTM#1000-79-5-020.013 Dear Mark: Enclosed is proposed Declaration of Covenants and Restrictions in connection with the above application, which prohibits the further subdivision of proposed Parcel 2. Also enclosed is a print of a more current map. Very truly yours, Abigail A. Wickham AA W/dmc encl. 30/shdtpb DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the ~ day of July, 2002, by JOHN L. HURTADO, SR., CHRISTINE C. HURTADO, JOHN L. HURTADO, JR., and DEBRA J. HURTADO, residing at 10995 North Bayview Road, Southold, New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at North Bayview Road, Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the ToW~.n of Southold for approval to set off an 8.00 acre parcel from the remainder of the property, in a subdivision shown on map prepared by Fox Land Surveying, dated July 8, 2002, known as Set-Off for Christine C. Hurtado, John L. Hurtado, Sr., Debra J. Hurtado and John L. Hurtado, Jr., and WHEREAS, for and in consideration of the granting of setoff approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of said parcels that the 8.00 acre parcel (Parcel 2) on said map, not be further subdivided, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, 'and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest-of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. DECLARANT agrees and consents that there shall be no further subdivision of Parcel 2 on said Map, consisting of an 8.00 acre parcel, which parcel is more fully described in Schedule B hereto, in perpetuity. 2. This prohibition on further subdivision shall not apply to Parcel 1 on said Map, consisting of a 16.04 acre parcel more fully described in Schedule C hereto. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. J~ln' L~ ~/ ~ebm~. ~turtado ' STATE OF NEW YORK: :SS COUNTY OF SUFFOLK: STATE OF.-NEW YORK: :SS COUNTY OF SUFFOLK: On July ~, in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared John L. Hurtado, Sr. and Christine C. Hurtado, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. ? , ABIGAIl. &. WlCKHAM Not Public .... ' ' ~ _No. $2_-464E8[~N~*YO~ On July o0, in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally'appeared John L. Hurtado, Jr., and Debra J. Hurtado, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the re:C&Rpbnfs N~r,~"~ic NO. 01 ZA4849721 QUA[.IFIED IN SUFFOLK COUNTY · COM~IS~ION EXPIRES JANUARY 20, SCHEDULE "A" All that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGiNNING at a monument set in the northerly line of North Bayview Road, which monument forms the southeast comer of land of Reydon Court Subdivision, Map no. 8395 and the southwest corner of premises about to be described herein, said point also being distant 598.12 feet easterly from the comer formed by the intersection of the easterly side of Reydon Drive with the northerly side of North Bayview Road; RUNNING THENCE North 20 degrees 47 minutes 00 seconds East, 1117.84 feet; Thence South 70 degrees 48 minutes 10 seconds East 800.30 feet; Thence North 20 degrees 47 minutes 00 seconds East 1212.18 feet to the approximate high water mark of Southold Bay; Thence along said high water mark of Southold Bay, the tie line being South 76 degrees 13 minutes 29 seconds East, 156.86 feet; Thence South 16 degrees 04 minutes 40 seconds West, 460.56 feet; Thence South 16 degrees 50 minutes 40 seconds West, 885.54 feet; Thence North 70 degrees 20 minutes West, 20.55 feet; Thence South 23 degrees 10 minutes 20 seconds West, 222.83 feet; Thence South 19 degrees 51 minutes 50 seconds West, 112.35 feet to the northerly side of North Bayview Road; Thence along the northerly side of North Bayview Road, South 64 degrees 26 minutes 50 seconds West, 685,14 feet; Thence North 3 degrees 21 minutes 20 West, 262.]2 feet; Thence North 64 degrees 26 minutes 50 seconds East, 331.77 feet; Thence North 36 degrees 07 minutes 00 seconds East, 29.84 feet; Thence North 4 degrees 41 minutes 00 seconds East, 170.00 feet; Thence North 85 degrees 19 minutes 00 seconds West, 260.00 feet; Thence South 20 degrees 47 minutes 00 seconds West, 760.00 feet to the northerly side of North Bayview Road; Thence along the northerly side of North Bayview Road, North 74 degrees 42 minutes 10 seconds West, 387.78 feet to the point or place of BEGINNING. re/schahur All that certain plot, piece or parcel of land, situate, lying and being at Bayview in the Town of Southold, County of Suffolk and the State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Northerly side of North Bayview Road, said point being situate the following nine courses and distances from the intersection of the northerly side of North Bayview Road and the Easterly side of Reydon Drive 1. Easterly along the Northerly side of North Bayview Road 598.12 feet to the Easterly line of Subdivision Map "Reydon Court" filed in the office of the Clerk of Suffolk County as file number 8395; 2. Thence South 74 deg. 42 min. 10 sec. East along the Northerly side of North Bayview Road 387.78' feet to a point; 3, Thence North 20 deg. 47 min. 00 sec. East along the Westerly side of land now or formerly James C. Boyle III & Patricia Boyle and land now or formerly Joan L. RocChetta & Robert A. Rocchetta and land now or formerly George J. Berry, Jr. 760;00 feet to a point; 4. Thence South 85 deg. 19 min. 00 sec. East along land now or formerly George J. Berry, Jr. 260.00 feet to a point; 5. Thence South 04 deg. 41 min. 00 sec. West along land now o'r formerly George J. Berry, Jr. 170.00 feet to a point; 6. Thence South 36 deg. 07 min. 00 sec. West along land now or formerly George J. Berry, Jr. and land now or formerly Joan L. Rocchetta & Robert A. Rocchetta 29.84 feet to a point; 7. Thence South 64 deg. 26 min. 50 sec. West along land now or formerly Joan L. Rocchetta & Robert A. Rocchetta 331.77 feet to a point; 8. Thence South 03 deg. 21 min. 20 sec. East along land now or formerly James C. Boyle III & Patrlcia Boyle 262.16 feet to the northerly side of North Bayview Road; 9. Thence North 64 deg. 26 min. 50 sec. East along the Northerly side of North Bayview Road 554.14 feet to the point or place of beginning; RUNNING thence from said point or place of Beginning North 00 deg. 50 min. 23 sec. East 574.03 feet to the Southerly line of land now or formerly Peconic Land Trust; Thence South 70 deg. 48 min. 10 sec. East along land now or formerly Peconic Land Trust 60.00 feet to a point; Thence North 20 deg. 47 min. 00 sec. East along land of Peconic Land Trust, land of Lorraine M. Cornell & Clifford C. Cornell, Jr. and land of Clifford Cornell & Ruth Cornell 1212.18 feet to the high water mark of Southold Bay; Thence South76 deg. 13 min. 29 sec. East along the high water mark of Southold Bay 156.86 feet to the Westerly line of Eleanor M. Kerester & Jamal Manassah; Thence along the Westerly line of land now or formerly Eleanor M. Kerester & Jamal Manassah the following two courses and distances; 1. South 16 deg. 04 min. 40 sec. West 460.56 feet to a point; 2. South 16 deg. 50 min. 40 sec. West 885.54 feet to land now or formerly of Daniel Scotto & Janice Curry Scotto; Thence along .land now or formerly of Daniel Scotto & Janice Curry Scotto the following three courses and distances; 1. North 70 deg. 20 min. 00 sec. West 20.55 feet to a point; 2. South 23 deg. 10 min. 20 sec. West 222.83 feet to a point; 3. South 19 deg. 51 min. 50 sec. West 112.35 feet to the Northerly side of North Bayview Road; Thence South 64 deg. 26 min. 50 sec. West along the Northerly side of North Bayview Road, 131.00 feet to the point or place of BEGINNING. P~LANNING BOARD MEMBE BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 June 13,2002 Ms. Catherine Mesiano, Inc 12 Mill Pond Lane East Moriches, New York 11940 Re; Set-Off of Bayview Overlook at Southold SCTM# 79-5-20.13 Dear Ms. Mesiano: The Planning Board reviewed the above applicatiOn during the June 3, 2002 worksession. The Planning Board is requesting the following: 1. Please submit a long EAF form specific to the proposed application. Due to the proximity of the two wetland areas to the adjacent, proposed major subdivision on Parcel 2; the Plamfing Board has requested that a protected species survey be conducted on Parcel 1 to determine the appropriateness of the anticipated lot placement, potential home sitting and size of the buffers/open space on Parcel 2. On Monday June l0th, the Planning Board issued a Positive Declaration for Parcel 2 and is requiring a Generic Environmental Impact Statement for the subdivision project. The timing of the protected species survey should be discussed. 4. The Planning Board is requiring as a condition of approval a covenant stating "no further subdivision" of Parcel 1 is permitted into perpetuity. If you have any questions please do not hesitate to call me at 765-1938, extension 243. //Senior E~ironm cefit_jgl~lanner Cc: The Planning Board PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 11,2002 Ms. Abigail Wickham, Esq. Wickham, Wickham & Bressler 10315 Main Road PO Box 1424 Mattituck, NY 11952 RE: Proposed Major Subdivison Bayview Overlook North side of North Bayview Rd., approx. 600' east of Reydon Drive, Southold SCTM# 1000-79-5-20.6 & 20.7 Zone: R-40 and A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, June 10, 2002, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 16.04 acre parcel into 7 single family lots; and WHEREAS, prior to issuing any approvals for the proposed subdivision, the Planning Board is requiring that the application be subject to SEQRA review; and WHEREAS, the Planning Board adopts the Environmental Assessment Review Report for Bayview Overlook, dated April 25, 2002, prepared by Nelson Pope and Voorhis, LLC; therefore BE IT RESOLVED that the Southold Town Planning Board, pursuant to Part 617, Article 8 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency has determined that the proposed action may have a significant impact on the environment and adopts a Positive Declaration for the proposed action. Bayview Overlook- Paqe Two - 6/11/02 Enclosed, please find a copy of the Positive Declaration for your records. contact this office if you have any questions regarding the above. Very trulY yours, Chairman Please Enc. cc: Joshua Y. Horton, Supervisor Southold Town Board Greg Yakaboski, Town Attorney Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Suffolk County Department of Health Services NYSDEC - Stony Brook Suffolk County Water Authority 14-12-8 (3/99)-9c State Environmental Quality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance SEQR Project Number Date: 1000-79-5-20.13 Date: June 10, 2002 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Southold Planning Board as lead agency, has determined that the proposed action described below may have a significant impact on the environment and that a Draft Generic Environmental Impact Statement will be prepared. Name of Action: Bayview Overlook SEQR Status: Type 1 Unlisted X Scoping: No Yes ~ If yes, indicate how scoping will be conducted: Public scoping sessions will be conducted at the Town of Southold Town Hall located at P.O~ Box 1179, 53095 State Road 25, Southold, New York Description of Action: The proposed action is to subdivide a 16.043 acre parcel into 7 single family residential lots contiguous too, a proposed single family residential lot on 8 acres. Two wetland systems exist on the 8 acre parcel and must be assessed accordingly with consideration to the expected impact to the habitat area surrounding the wetland. The 16.043 acre parcel currently contains successional and mature woodlands. Location: The site is located on the Hog Neck peninsula in Southold. The parcel is located north of North Bayview Road, approximately 600' +/- east of Reydon Drive in Southold. SEQR Positive Declaration Page 2 of 2 Reasons Supporting This Determination: This proposed action may cause a significant adverse impact on the local environment individually and/or jointly when assessed cumulatively with the five additional, pending ~.subdivisions, as noted below. A comprehensive environmental and infrastructure review must be conducted to determine the cumulative impacts to the parcel, community and the Hog's Neck peninsula. Relevant areas of environmental concern include: (1) The impacts to and potential loss of unique, quality wildlife habitat, species and valuable wildlife corridors. (2) The potential impacts to potential endangered, threatened and special concern wildlife species that may occur on site. (3) The potential loss of native vegetation cover including valuable woodlands. (4) The potential impacts to wetland systems and associated wildlife species. (5) The potential impact on open space to the community. (6) The potential impact of sanitary systems on groundwater. (7) The potential impact of increased water demand upon the existing water supply infrastructure. (8) The increase in traffic and trip generations on the peninsula assessed to: local traffic patterns, limited ingress and e~ess points to the mainland and evacuation routes. (9) The potential impacts to community services. (10) The potential cumulative impacts of the proposed action together with the five pending subdivisions; Forestbrook at Bayview (17 single family residential lots on 37.77 acres), Zoumas at Bayview (22 single family residential lots on 41.10 acres) BCH Realty (7 lots on 14.15 acres) Southview Custom Homes (4 lots on 13.3 acres) and Dayton Farms (4 lots on 13.45 acres) (t 1) The assessment of a no action alternative. The complete Environmental Assessment Report is attached. For Further Information: Contact Person: Mark Terry, Senior Environmental Pianner Address: P.O. Box 1179, 5309 State Road 25, Southold, New York 11971 Telephone Number: 631-765-1938 extension243 A copy of this notice must be sent to: Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-1750 Chief Executive Officer, Town/City/Village of Any person requesting a copy All Involved agencies Applicant (If any) Environmental Notice Bulletin, Room 538, 50 Wolf Road, Albany, NY 12233-1750 CATHERINE MESIANO, INC.' Licensed Real Estate Broker Real Estate Consultant April 16, 2002 Southold Town Planning Board P.O. Box 1179 53095 Main Road Southold, NY 11971 RE: Proposed Set-Off -. Bayview Overlook at Southold SCTM # 1000-79-5~,~,©, ~ ~ 10995 North Bayview Road, Southold APR i Dear Sir or Madam: I am the agent for Mr. & Mrs. John L. Hurtado, Sr. and Mr. & Mrs. John L. Hurtado, Jr., owners of the above referenced property. On behalf of the owner's, submitted herewith is a Set-Off application for the above referenced property. The subject site is a 24.043-acre parcel located on the north side of North Bayview Road, 598.12' east of Reydon Drive. The property is zoned R-40 and A-C. This request is for an 8-acre parcel to be set-off, deferring the major subdivision of the remaining 16.232 acres to a future date. Currently before the Board is an application for a major subdivision of the subject property. Sketch plan approval has been granted and a request for extension was submitted by Gail Wickham on April 11, 2002, as we have been unable to finalize the Health Department approval. The estate planning that Mr. Hurtado, Sr. is undertaking makes it necessary to separate the parcel upon which his primary residence is located from the remainder of the property and timing is a major consideration. We therefore request that this matter be placed on the Planning Board's agenda for sketch approval at your earliest opportunity. Enclosed please find the following: · Subdivision application · Owner's authorization · Copy of deed · Transactional Disclosure form · Application fee in the amount of $250.00 · Sketch Plan prepared by Fox Land Surveying dated 3/5/02 (8 copies) 12 Mill Pond Lane · East Moriches, New York 11940 · 631.878.8951 April 16, 2O02 Proposed Set-Off- Bayview Overlook at Southold SCTM # 1000-79-5-50.6 & 20.7 10995 North Bayview Road, Southold Page 2 Please note that a Long EAF was submitted with the initial subdivision application package and a subsequent Archeological Assessment was made. SEQRA determination is pending. We request that previously submitted data be used in conjunction with this application. Should you require any additional infOrmation, please contact me. Thank you for your attention to this matter. Very truly yours, Enclosures LOCA]-ION MAP: SCALE: 1"=600' S70'48'10 "E L N74'42'10"W 587.78' NORTH SOUTHOLD BAY ~ ~ i S75'42'20"E ~ c c (} © © o 5 ~- PARCEL (348,209 SF O ® now or formerly Peconic Lend Frusf 740.30' 800,50' PARCEL 1 {7~7'052 S F OR 16232 ACRES) / / formerly now or George 3, Berr'J, ~oo~ SITE DATA TOTAL AREA ZONING USE DISTRICT SCHOOL DISTRICT FIRE DISTR~CT UTILITIES 24043 ACRES SOUTHOLD SOUTHOLD NYNEX, LIPA o N70'20'OO"W NOTE 1 WETLANDS SHOWN HEREON ARE FROM SURVEY BY ANTHONY W. LEWANDOWSKh L.S. LAST OATED NOV, 09, 2000 2 TOPOGRAPHICAL DATA SHOWN HEREON IS FROM SURVEY PREPARED BY ANTHONY LEWANDOWSKI, LS LAST DATED NOV, 09, 2000, AND IS REFERENCED TO TOPOGRAPHICAL MAPS "5 EASTERN TOWNS" 3 THIS SKETCH WAS PREPARED FROM SURVEY PREPARED BY ANTHONY W LEWANDOWSKI, LS LAST DATED NOV. 09, 2000 THIS DOCUMENT IS NOT INTENDED FOR TITLE PURPOSES 4, WETLANDS LrNE SHOWN HEREON IS FROM SURVEY PREPARED BY ANTHONY W LEWANDOWSKI, LS LAST DATED NOW 09, 2000 5 PARCEL 2 NOT TO BE FURTHER SUBDIVIDED OWNER CHRISTINE C HURTADO, JOHN L HURTADO, 5R, DEBRA d HURTADO & JOHN L. HURTADO, dR PO BOX 1925 SOUTNOLD, NEW YORK 11971 FOX £~ND SURVEYING SPEONK, N.Y 11972 (631) 525-2902 Minor Subdivision Sketch Plan Prepared For: "CHRISTINE C. HURTADO, JOHN L. HURTADO, SR., DEBRA J. HURTADO & JOHN L. HURTADO, JR." At Ba~jview Town of Sowthold Suffolk Courlty, New York Suffolk County Tax Mop: Dist. Sect. Block Lot 1000 07900 0500 020.013