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HomeMy WebLinkAbout1000-51.-3-4.3 Lay° �S{,1N0 SOUND N CLUSTER MINOR SUBDIVISION N & - � LOT LINE CHANGE RRANOr� FOR L C L (pR1 D. APPROVED BY FRANK PURITAL62005 DGNNAY 51 or PLANNING BOARD A T SOUTHOLD JUN 1 o"'RIVE v2 TOWN OF SOUTHOLD s°1nlomTovI TOWN OF SOUTHOLD __pi_,I�'�ia•- 1 DATE az-V .may, �a r- 1000-51-03-4.3 COUNTY, N. Y. -- 1000-51-03-4.3 SCALE.• 1 '=100' a� NOV. 6, 2002 DEC, l5, 2004 (REVISIONS) DEC. 11, 2002 (revision) Dec, 31, 2004 (revisions) DEC. 20, 2002additions) FEB. 3, 2005 (revision) BD r°R 27) JAN. 10, 2003 revision) FEB. 22, 2005 (revision) �_ NORTM JAN. 15, 2003 (revision) MARCHCH 25 do250 0e Info si1i1/`ol%n) JAN. 17, 2003 (revision) KEY MAP fAB —. April !O, 2003 (revisions) SCALE: 1"_ -REpROVE� �^e ACc.OgDANCE Y'.;rN 89ARD -IF f JUNE 10, 2003 t revision ) V.EVIEW DEq'ERWNATIOH I AIEt; 11 �.lp� June ea, 2003 (revisions) — - Aug. 4, 2003 (,,v)gi ns) Jon. 6, 2003 (re vlspons) CO. 13, 2004 (re 'siuns) SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES e pO 11411, Ocr. 27, 2004 rrevls/ovr HA UPPA UGE, N. Y. 'LOG - U^ H°usE , HSE DATE JON i � _t Haf HSf. ❑ HSE F� a RLOO THIS IS TO CERTIFY ZHAT TH£ P80POSED REALTY SUBDIVISION OR Q' 9000, DEVfLOP,MfNT FOR r OZ- V frrYhQ IN THE QI S>03 S'Ojl So o WITH A TOTAL OF LOTS WAS APPROVED 0: ND Btoc SOO ON THE ABOVE DATE WATER SUPPLIES AND SEWAGE DISPOSAL ,41s" EFACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT '�y 'F'- vftZ)Jv ❑ AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TD THOSE STANDARDS THIS APPROVAL SHALL BE VALID ONLY IF THE REAL TY SU901145I01V)DEVELOPMENT MAP /S __ _ _ _ - 2 AVEArUjy, CONSENTT IS HERBY GIVEN FOR THE FILING OF THIS MAP TH THE COUNTY CLERK WITMN DIVE YEAR OON TWHICH ATE 40" ---" wI�S �0, - I '482'1435'E' �' THIS ENDORSEMENT APPEARS IN THE OFF/CE OF THE COUNTY CLERK /N a 7 S �Ny/ ' 3�-e ` -60•/x- - _ 3 37•x", SUFFOLK COUNTY SANITARY CODE PUBLIC HEAL TH LAW AND THE Q� 1 a _ o _ ACCORDANCE WITH PROVISIONS Of THE 65. M l m ✓ Nc ' y -------------- ` _J "� � 2218 OPF O !4 -___ - �Yfli": 4cr" 6 ry I YFFe-A-AWALr- P E. 3y Q ! N � t �•l DIRECTOR, DIVISION OF ENVIRONMENTAL OUALITY + `?4 I g �S/dU5�67 "o�J'i iiHANI ,r f?bai9.G9„lfi§ 'Umv, 4 4,14 hA'Y - ..._L, e, OT? y2jS Js.O' O - PAGE ....�.Msl_...., so ' Oa ', li ¢ a,.n.-.�...._ ,,.._.-4➢PCL`CAP ST ...;,...�.,.,,�- U sMwMn �6 TANK II Q 5 I 2 M Aw Mv 1 W /00 N TEST _ __________ 4 < 1 //2' BLACK PVC �•' {`� GRO 11/2'BRASS PITLESS ADAPTOR "So COV.3 WATER l l/2'160M TEST SCHEDULE 'A' PVC F l f t G 5 ryP/ F A R M 2 5' STEEL CASWG o\ " eto Ln __ I N.P. SUBMERSIG PDM' t0 d 5' STAWLESS STEEL SCREEN K 88.26-W W. 174.3/' d we OT ¢ h Z a WELL DETAILS 0 naf h O %l o py---LOT- ay a o 40 m AREA WETLANDS =0.8496 Acre j h 2° ,00/ sq,IN I AREA UPLANDS = e \ _ a 2/.673/ Acres 1 y Z oto yo ?` TOTAL AREA = 22,5227 Acre9 Excludes M 5 89'26'5.0'E- Easement _ e m N14 5.00' °- WILDBERRY LANE En a CHARDONNAY DR. -14 1i S 8?WS E 175.00' 1 _ 2 d I �r5 CERTIFIED TO, C W M 40'00/ Sq.i f1 II II`4 - HD0D5 ALBINA SAWICKI 2 y FRANCO PURITA Q NII 11- m II PECONIC ABSTRAC . FIRST AMERICAN T TI INSURANCE COMPANY OF NEW YORK U � 1i o zo�bran llliii mmvoHr ' � i $ 88'26'60)'E1 N W "°°BB ° I 175.00' w 1 n 0' d V , J2.0' �I Js � J ! j , I L 0 T' i Jao _ \ m • `V) 2 ct J THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT HAS BEEN APPROVED C) CW t 't \ ` '-` \ 9L'. y BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION W OF APPROVAL DATED cc Pq >� p J .�✓ri BY I CHAIRMAN PLANN/NG BOARD n . ; N J O BUILDING ENVELOPE e` ' I ^°� ° AREA 2.3904 0 1" ¢ W Acres ex7��qp S Ivq / HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM rc 7t Mil ACTUAL SURVEYS COMPLETED/0/°c b2 ' THAT ALL MONUMENTS /11,, IIN II Easeme. v II N Ni SHOWN THUS' I ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY S. B6'03'30'faI J h SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. 45.00' - )I r I r------NB6 03'30W BLp 8603'30'W 192.Ogp' RS—` � 158.00' R' RLOG _ ss J N T. ME R, N.Y.S. L.S. LIC NO. 496/8 10 ' I O MOBLE HOME N O ISI N. 86 0"30' W I 0 W 8.00' 1 DQ DD' O 86'03'30"W/%D.56 T W r—I o I o 120.00' I ZF `-�._JJ e�ic°IMc 3 ,I J 3_ 12 �0 00 '� p50.ou PROPOSEu W =2 " II oo I " of 'O OIti -0- o �F W Ily LOT LINE r Fy 7EST HOLE o/ Q ILL, \ Vmud 3 Io O 11/19/03 O M III` ._'-_____ I a of ,0101�+ 90p M ml�h �nt_o._• •F ° 7 \ M _. O h In I c° .I kaF .1 27 2 J Weil 1 M O A)—I h rs I Oe iu I p DARK BROWN LOAM OL O U 15.00% - 4L ____'W O - I I___.Q -U` $ g 1} Y ;SB.OD'I $ S O HSE "< i" `N /G. BROWN SANDY SILT ML `N8603'30"W _ 21 .53= T /00.01 .1�•y,Q/. - mJ 58,29'28 10, �\ — 3 NORTH Iaroa ware,=ma,n -- 5 B ° F.' pF NeIv BROWN FINE TO COARSE SAND ROAD (C.R. ,2yj eY'`� s,an �0 , .I, 'I y0 �*'tE Yo WITH 20% GRAVEL SW °r/lt!° N, n,� 'b aafi.MEjf 'Q7, m0'ro n° Y, �O 9 n 7J 1000-51-03-4. 1 N/O/F CICILIA SAWICKI WATER IN BROWN FINE 1000-51-03-6.1 N/ F ALBINA & WALTER SAWICKI O/ WI 70 COARSE SAND WITH -------------------- � - 20X GRAVEL SW ---------------------------------------- 14M - 14' HOUSE TOTAL AREA=28.2469 ACRES I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/Oft SEWAGE DISPOSAL TEST HOLE # 2 10.MN• SYSTEM(S) FOR THIS JECT WfRf DES/GNED BY ME OR UNDER MY DIRECTION WITNESSED sync BASED ON UPON A CARE L AND THOROUGH STUDY OF THE SOIL, SITE AND &,ROUND D 1 a TAN WATER CONDITIONS, ALL L'QTS AS ,PROPOSED, CONFORM TO THE SUFFOLK COUNTY SITE D.4 TA DEPARTMENT OF HEALTH SERVICES CONBVRUCTlON STANDARDS IN EFFECT AS OF TOPSOIL 1000-51-03-4.3 AREA=27.4093 ACRES EXISTING). r • THIS DATE. — — 0.7' AREA=27.0309.ACRES f(PROPOSED) 9-AW. b�-rwa 1000-51-03-6.1 AREA=17,000 S.F. (EXIS)7NG) E 3 '� COARSE AREA-26,860 SF. (PROPOSED) -5•w _ - 1000-51-03-4.1 AREA=19,485 S.F. EXlS77NG) OWNERS: y _ SAND AREA=26,111 S.F. (PROPOSED) ROAD APPLICANT. 1000-51-03-4.14C!C/L1A SAWICKI - - SW PECONIC LAND TRUST, INC 597 STERUNG CT. P.O. BOX 1776 TYPICAL PLOT PLAN MAPLEWOOD, MIN. 55119 23' SOUTHAMPTON, N. Y. 11969 oOWECrALL RERphTV MM MATER 1000-51-03-4.3 WALTER SAWICKI 5535 OLD NORTH ROAD ZONING D/STRICT. A -C - 1,000-51-00-6.1 ALBINA SAW1�THOLD, N.Y. 11971 FIRE DISTRICT SOu7Haa . SCHOOL DISTRICT SOUTHOLD 5535 OLD NORTH ROAD _ -- SOUTHOLD, N.Y. 11971 NOTE - CONTOUR LINES FROM "TOPOGRAPHIC MAP FIVE EASTERN TOWNS" 4--PIPE ,- •=STAKE -- - O=REBAR - - p RETLANDS FLAGS _ { N. Y.S. LIC. NO. 49618 WETLANDS AREA = 37009 s . t4 ' ^ ANY ALTOUTIN OR ADDITION TO THIS dS A 1101,4 1N PECONIC SURVEYORS, P.C. 4 , - t Or SEO710 ➢7ow.*E {V, YORK STA nN LAW.• (631) 765-5020 FAX (637) 765-1797 - As SfC710N Y.ZO$-suap 'u - 7lF1cAnONs r HfR£N ARE OD TN/S AMP AND CO '° .,plilLY/F P.O. BOX 9D9 -, snr _ SA10 rtrAP OR 4PTPlES' SCAR THE IMPRESSEb SURWMR 1230 TRAVELER STREET e� SODU7H40, N.Y. 11971 '0 - .- IMILAIL L. ft /I PLANNING BOARD MEMBA • MAILIN(=ADDRESS: JERILYN B. �pf SO(/l P.O. Box 1179 Char hair USE �O� y�l Southold, NY 11971 Q EDWAROFFICE LOCATION: WILLIAM J. DWAR S Town Hall Annex KENNETH L. DS N Q 54375 State Route 25 MARTIN H.SIDOR '7Rf O GEORGE D. SOLOMON 29 ..A� (cor. Main Rd. & Youngs Ave.) COUSouthold, NY Telephone: 631 765-1935 PLANNING BOARD OFFICE Fax: 631 765-3136 TOWN OF SOUTHOLD August 23, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Clustered Conservation Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR 48 and s/o Sound View Ave. in Southold SCTM#1000-51-3-4.3 Zoning District: A-C Dear Ms. Moore: The Southold Town Planning Board, at a Special Meeting held on Monday, August 22, 2005, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 27.0309-acre parcel into 3 lots where Lot 1 equals 40,001 sq. ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of a 22.5227-acre Development Rights Sale, a 2.39-acre building envelope and a 65' x 148.68' building envelope in the north of the parcel for an agriculture structure. A 15' utility easement is also proposed over Lot 3; and WHEREAS, the subdivision is a cluster subdivision pursuant to Chapter A-106 of the Southold Town Code; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23± acres); and WHEREAS, the Planning Board hereby rescinds condition (a) of Conditional Final Approval issued on August 8, 2005 which states "the submittal of documents indicating that the applicant has closed with the County of Suffolk on the Lot 3 sale of development rights", be it therefore RESOLVED, that the Southold Town Planning Board grant Final Approval on the maps entitled Cluster Minor Subdivision, dated March 25, 2005 and authorize the Chairperson to endorse the maps subject to the fulfillment of following condition: The filing of the Covenant and Restrictions be submitted to this department on August 12, 2005 with the Office of the Suffolk County Clerk; and be it further Purita — Page Two — 8/22/05 RESOLVED, that the Planning Board's approval of the final map shall be rendered null and void, and the approval of the subdivision invalid in the event that the closing of the development rights sale is not completed in accordance with the approved map and proof of such closing is not submitted to this department; and be it further RESOLVED, that the Town of Southold Building Department shall not issue building permits for any lot depicted on the final map until the closing of the development rights sale is completed in accordance with the approved map and proof of such closing is submitted to this department. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. If you have any questions, please contact this office. Very truly yours, /erilyn B. =house Chairperson cc: Bob Zaher, Land Management Specialist Melissa Spiro, Land Preservation Coordinator w/map Building Dept. w/map Assessors w/map I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 08/25/2005 Number of Pages: 6 At: 09: 15:38 AM Receipt Number : 05-0089205 LIBER: D00012405 PAGE : 659 District: Section: Block: Lot: 1000 051.00 03 . 00 004 .007 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18 . 00 NO Handling $5. 00 NO COE $5. 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 .00 NO Notation $0 $0 . 00 NO Cert.Copies $5 . 00 NO RPT $30 .00 NO SCTM $0 .00 NO Fees Paid $78 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County �0 0 Number of pages 42 TORRENS 2005 Riga "<5' 09: 15:':' HM cdtdarr F Pony.yir!a- Serial# CLEmP; OF FFOLk: Certificate# L 1300C-124015 Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee _ Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 _ Sub Total Notation Spec./Assit. or EA-52 17 (County)_ Sub Total O� Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. _ 3 ® � � Dual Town Dual County Held for Appointment Comm. of Ed. _ 5. 00 m m Transfer Tax Affidavit o 1 8�o Mansion Tax The property covered by this mortgage is Certified Copy _ or will be improved by a one or two NYS Surcharge 15. 00 /��/�� — family dwelling only. Sub Total _J ✓ YES or NO Other _ _ Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist./000 Section O 5 /oo Block G 3 a Lot Co qoc 7 5 Community Preservation Fund Real Property Consideration Amount $ Tax Service (-�OKLFC;LK qAgency S/uS a� CPF Tax Due $ Verification �r Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD /'Ct-FYI C ( o' A-1 C l-'Lz I;S�) . TD S /o-.? U �—/41/) R..&CZ_(i TD S C, "T--h 1161. /1 y / 19 I 7 Title Company Information Co. Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached /,)t C' - C-b— C O 1 kt 17 cL 1 I S )Ck' t-�'1C m �e i _ (SPECIFY TYPE OF INSTRUMENT) ~� C l% �� ' The premises herein is situated in 1-:14 r L/-C2, SUFFOLK COUNTY, NEW YORK. TO In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) 0 0 SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Franco Purita and Claudia Purita residing at 19995 Soundview Avenue, Southold New York 11971 this L/ 'r" day of August 2005, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions : 1 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES . 2 . As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants as follows : A. Lot 3 includes 1 . 83 acres of clustered open space upon which no residential development rights exist . The Sale of Development rights purchase does not compensate owner for 1 . 83 acres of clustered open space . B. Lot 3 is subject to a utility easement to run water lines from North Road to lots 1 and 2 . The metes and bounds of the utility easement are placed on the map and the acreage of the easement excludes . 8496 acres from the sale of development rights . In the event that public water becomes available through Chardonnay Drive, this utility easement shall terminate and the lots will connect to public water from Chardonnay Drive . C. Prior to any construction activity, the project will require a general permit for Storm-water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollution Elimination Discharge System (SPEDES) Program. D. This subdivision and the owner of each lot shall comply with the New York State Pollution Discharge Elimination System (SPEDES) requirements . The SPEDES permit requires, at a minimum, that an erosion and sediment control plan be prepared for any construction activity that disturbs one or more acre. The Storm-water PollutionControl Plan Y requires erosion control planning, site management and sediment control by all landowners . This erosion and sediment control plan has been filed with the Planning Board and a "Notice of Intent" forwarded to New York State Department of Environmental Conservation, in accordance with "General Permit for Storm-water Runoff from Construction Activity" (GP-02-01) , Albany, New York. E. Vehicular access to lots 1 and 2 shall he from Chardonnay Drive only. F. Vehicular access to any future residence within the 2 . 39 acre reserved area/building envelope on the south side of Lot 3 shall be from Old North Road only. G. The 65 x 148 . 88 building envelope located in the north of Lot 3 is restricted to agricultural use only. Any residential use within the building envelope is prohibited. The occupancy of any structure within the building envelope for living purposes is prohibited. H. The owners of Lot 3 are subject to Article XXII, Farmland Bill of Rights [Added 5-27-97 by Local Law No 11-1997] and Southold Town Code Section 100-220 By this Declaration future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Town of Southold. I . That final map shall be rendered null and void and the approval of the subdivision invalid in the event that the closing of the development rights sale is not completed and proof of such closing is not submitted to this department . J. The Town of Southold Building Department shall not issue building permits for any lot depicted on the final map until the closing of the development rights sale is completed in accordance with the approved map and proof of such closing is submitted to this department . 3 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, Title number FNP•01126 AMENDED 312212005 SCHEDULE "A" DESCRIPTION ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING AT SOUTHOLD, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SIDE OF NORTH ROAD (C.R.27)WHERE SAME IS INTERSECTED BY THE DIVISION LINE OF THE EASTERLY SIDE OF LAND NOW OR FORMERLY OF JOHN AND JOHN CALLAHAN AND THE NORTHERLY SIDE OF NORTH ROAD(C.R.27); RUNNING THENCE FROM SAID POINT OF BEGINNING ALONG LANDS NOW OR FORMERLY OF CALLAHAN THE FOLLOWING TWO (2)COURSES AND DISTANCES: 1.) NORTH 3 DEGREES 56 MINUTES 30 SECONDS EAST 170.00 FEET; 2.) NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 192.09 FEET TO THE OPEN SPACE AREA ON MAP OF CHARDONNAY WOODS AT SOUTHOLD, FILE NUMBER 8822; RUNNING THENCE NORTH 1 DEGREE 33 MINUTES 10 SECONDS EAST 1047.02 FEET; THENCE NORTH 1 DEGREE 48 MINUTES 56 SECONDS EAST 692.86 FEET TO THE SOUTHERLY SIDE OF SOUND VIEW AVENUE; THENCE ALONG THE SOUTHERLY SIDE OF SOUND VIEW AVENUE THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1.) SOUTH 70 DEGREES 30 MINUTES 35 SECONDS EAST 351.92 FEET; 2.) SOUTH 82 DEGREES 14 MINUTES 35 SECONDS EAST 365.31 FEET TO LAND NOW OR FORMERLY OF BETTINA CAILOLA; FIN, THENCE ALONG SAID LAND AIR CONTINUING ALONG THE AGRICULTURAL RESERVED AREA ON MAP OF WILDBERRY FIELDS MAP NUMBER 10641, SOUTH 2 DEGREES 15 MINUTES 20 SECONDS WEST 1630.56 FEET; THENCE NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 170.56 FEET; THENCE NORTH 3 DEGREES 56 MINUTES 30 SECONDS EAST 10.00 FEET; THENCE NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 158.00 FEET; CONTINUED............... PAGE 2 THENCE SOUTH 3 DEGREES 56 MINUTES 30 SECONDS WEST 170.00 FEET TO THE NORTHERLY SIDE OF NORTH ROAD (C.R. 27); THENCE ALONG THE NORTHERLY SIDE OF NORTH ROAD (C.R. 27) NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 146.53 FEET TO THE FIRST ABOVE MENTIONED DIVISION LINE OF LANDS NOW OR FORMERLY OF JOAN AND JOHN CALLAHAN AND THE POINT OR PLACE OF BEGINNING. and/or regO ations may thereafter be revised, amended, or promulgated. 4 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof . 5 . These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by a vote of a majority plus one of the members of the Planning Board. 6 . If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall , by a Court of competent jurisdiction, be adjudged illegal , unlawful , invalid, or be held to unconstitutional , the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional . F nco Purita ;z 7 acla-ud�- a PurOFita 1>/ FFfo/} � /� 12-1—,A f�XA State of New York ) ss : G / County of Suffolk r ) On this � r ( day of August, 2005, before, the undersigned, personally appeared FRANCO PURITA, personally known to me or proved to me on the basis of satisfactory evidence to the be individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies) , and that by his/her/their signature (s) on the instrument , the individual (s) , or the person upon behalf of which the individual (s) acted, executed the instrument . *�=��v Public MARGARETC. RUTKOWS"' Notary Public, State of New York No. 4982528 Qualified in Sulfoik Count r,n'7 STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY T T I HAVE COMPA13ED THE ANNEXED COPY OF DEED LIBER !��AT PAGE (059 RECORDED 8 ` _OS AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS a DAY OF � LOOS CLERK �Q�U 12 0169.IM7cY THIS IWOR SUBDIVISION IS FOR La ON 21.3 CRUS OCATED ON IIN l MINOR SUBDIVISION (NO ROAD) Complete application received -v � + < � J Application reviewed at works cions 13- �` oK P � Q s �� � uj .�� � Z0 OK J } Applicant advised of necessar revisions _ s - " Revised submission received ved S � mL ❑ N IXro. OK r Y� Sketch plan approval i}-aa 1 S -with conditions J 04 C.nZ ,o 1 res v �Z S�2 �e�o IZIkla3 r. J., Lead Agencq Coordination r\j - SEOO1RIA determination 0 Lr 1'� alfw 1 en to vire Commissioner V/ ill � zi aReceipt of firewell location j y I NotificationA to applicant to include on final map 1nnc �.V K` -4)ri Sent to County Planning Commission ro` oK Receipt of County Report ,ro.` oK o Review of SCPC report Draft Covenants and Restrictions received �}} jo ; ,Z3 oK ,n Draft Covenants and Restrictions reviewed ; @ ,ro.` oK a o Filed Covenants and Restrictions received j s Receipt of mylars and paper prints with d < calls �5 � < Health approval M _ Final Public Hearing /� L Approval of subdivision -with conditions 01 ndorscme,ii. Of Suu`di✓iSivi. C' �� • • VA 566 -&ppuv,ai,un Itur Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. If/u3r&Z a/rvoe 4 Lar c.rn.a CH.91/&-6 1. Name of Subdivision r/t. �rt.¢�vt (t/✓z,7-A- _ � 1-"0W5,:JW -r--7e,V l S+�s90�VrsroN l 2. Suffolk County Tax Map# 3. Hamlet �SOv W04-0 4. Street Location s2uNbV/c4y AvE7uUE CWA&COmNAY pefv- d eco nro2�y eos}p. 5. Zoning District -4a 6. Date of Submission ��c2Gb3 7. Sketch Plan Approval Date 8. Preliminary Approval Date i 9. Number of Lots Proposed 10. Acreage of Open Space/Reserved Area pZpZ. has 7 4UG 4 M0511. Affordable Housing Units Proposed � �A `( ^ (/ 12. Percentage of Affordable Housing -VIA 13. If providing less than 25%Moderate Income Family Dwelling Units(MIFDU),please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B) of the Town Code. 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. GoiVscPzuAgr-7cvv 5U3DiVri Co-) 15. Application prepared by wrier L*agent [] other Signature of Preparer Date 00 S' ,'S�' IOPPLICATION FOR APPROVAL OOLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision platin accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) Contract Vendee (owner Albina Sawicki) 2. The name of the subdivision is to be . .Frank Purita minor subdiv. . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . �G'iL�2Aci v/rrn COv�•'iY r=L-u 3/{t�" uJ Dc'v jat&rfi—. 60 20ACr>J . . . . . . . . . . . . . . . .. . . . . . . .. .. .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . . . . . .. . . . . . . .. . . .. . . . . . Page . .. . . .. . . . . . . . . . . . . . . . On Liber . . . . . .. . . . . .. . . . . ... . ... Page . . . . . .. . . . . . . . . . . . . . . . On . . . . . . . . . . . . . . . .. . . . . . . ; Liber . .. .. . . .. .. .. .. . . .. . . .. . Page . . . . . . . . . . . . . . . . . . . .. . On Liber . .. .. . . .. . . .. . . . . .. . . . . . Page Liber . .. . . .. .. .. .. ...... ... . . Page . . . . . .. . . . . . . . . . . . . .. . On . . . . . .. . . . . . . . . . . . . . . .. ; as devised under the Last Will and Testament of . . . . . . . . . . . .. . . . . . . .. . . .. .. .. . . .. . . . . . . or as distributee . .... .. . . .. .. . . .. .. .: .. .. . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . .. . . . .. .. . . . . .. . . . . . . . . . .. .. . . . . .. .. .. . . .. ...... ... .. ... ........ . . . . . . . . . . .. . . . . . . . . .. . . .. .. I. .. . .. .. . . . . . .. . . . . . 5. The area of the land is . .. . .. . . .. .. . acres. 6. All taxes which are liens on the land at the date hereof have been paid except . . ... . . .. . . . . . . . . . . .. . . . . .. .. . . . . . . .. .. .. .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . .. . . . . . ... . .. . . . none 7. The land is encumbered by . . . . . .. . . . . .. .. . . . . . . . . . . . . .. .. . . . . . . .. .. . . .. . . .. .. . . . . . . . . .. . mortgage (s) as follows: (a) Mortgage recorded in Liber . . . . . . . . . . . . . . Page . . . . . . . . . . . . . . . . . . in original amount of $. . . . . . . . . .. .. . unpaid amount $ . .. .. . . . . . . :. . . . . . . . . held by . . . . . . . . . ... . . . . . . . . . . . . . . . .. .. . . .. . address . . . . . .. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Mortgage recorded in Liber . . . . . . . . . Page in original amount of . .. . . . . . . . . . . . unpaid amount $. . . . . . . . . . . . . . . . . . . . . . held by . .. .. . . .. . . . . . . .. . . . .. address .. . . . . .. . .... .. ... .. . . .. (c) Mortgage *ded in Liber . . . . . . . . . . . . . . page • in original amount Of . . . .. . . . . . . . . . unpaid amount $. . . . . . . . . . . . . . . . . . . . . . held by address . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. There are no other encumbrances or liens against the land except . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . .. . . . . . . . . . . . . 9. The land lies in the following zoning use districts . . . . . . . . . .. .. . . . . . . .. . . .. . . .. . . Agriculture/Residential AC . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- p nne o ce t . . . . . . . .. . . .. . . .. . . .. .. . . . . . . . . . . ... . . . . . . . . .. . . .. . . . . .. . . .. ... . .. . . . . . . . . .... . . .. . . 11. The applicant shall at his expense install all required public improvements. 12. The land (id D* (does not) lie in a Water District or Water Supply District. Name of Dis. trict, if within a District, is . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . ... . . .. . . 13. Water mains will be laid by . , none . . . . . . . . . . . . .. .. . . . . . . . . . . .. . ... . . . . . . . . . . . . . . . .. . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed byapplicant . .. .. . . . . . . .. .. .. .. . . .. .. .. .. . . .. .. .. . .. . lines"" . . . . . . • . •. • • . • .. .. ... . . . . .. . . . and (a) (no) charge will be made for in nes. stalling said . 15. Gas mains will be installed byn/a (a) (no) charge will be and ' -.in..a.d. form e for in. . .sta.llin. . .g. ..sa.id. .mai. .. .ns.. .. . . .... .. .. . . . . . . . . . . . . . . . . . 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County IIiglnvay system, annex Schedule "E" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19 Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on Fxisting maps at their conjunctions with the proposed streets. said 20. In the course of these proceedinge as required by Sec.s, the apphauut will offer proof of tit] 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showin;; all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estima• that the cost of grading and require.blit improvements will he $. D as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . . . .. .. . . . . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown Schedule "F". . . . . . .. .. . . . . . . . . . DATE . . . .y" ./G 34 . . . . :� . . . :. . ... .` . . . . . . . . . . . . . . . . (N me of Applicant) By . . . . . . . .. . . .. . . . . . . . . .. . . . . . . .. . . . . . . . . . . . : (Signature and Title) . . . . . . . . . . . . . . . .. . . . . .. .. . . . . .. . . . . . . . . . .. . . . . . . (Address) STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . ss: 7 ..a)2i On the . . . . . . f:/.k". . . . .. .. . day of. .. . . . : . . . . . . . . . . . . . .. . . .,19� . . . . ., before me personally came . . . . . . . .. . . . . .. .. ... . .. .. .. .. . . .. .. . . .. . . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . .. .. :.:7). . executed the same. PATRICW C.MOORS '''(/ Newry Public,State of New York l Suffolk County-No.4881888 Notary Public Commission Expires June 16, 4W STATE OF NEW YORK, COUNTY OF . . . . . .. . . . . . . . . . . . . .. . . ... . . ss: On the . . . . . . . . . . . . . . . . day . . . .. . . .. .. . of . . . . . .. . . . . . . .. 19. .. .. ., before me personally came . . . . . . . . . . . . . . . . . . . . . to me known. who being by me duly- sworn did de- pose and say that . . . . . .. .. . . . resides at No. . . . .. . . . . . . .. . . . . .. .. . . .. . . .. . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that . . . .. . . . . .. . . . . . . . . .. . . . . . is the . .. . . . . . . . of . . . . . .. . . . . . . . . . . .. .. . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . .. .. . the corporation described in and which executed the foregoing instrument; that . .. . . . . . . . . . knows . the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. aml that . . . . . . . . . . . . signed . . . .. . . . . . . . . . name thereto by like order. . . . . . . . . . . . .. . . . . . . .. . . . . .. . . . . . .. .. . . . . .. . . Notary Public P(c��NILG� B`Q�I�D ' TOS, O 7SOU ;HELD SrIL1' FO� -f _ vly Y Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms . If your answer- to any of the following questions is yes , please indicate these on your guaranteed survey or submit other appropria e evidence. 1. Are there any wetland grasses on this parcel? Yes) (Attached is a list of the wetland grasses definea`/ by the Town Code, Chapter 97 , for your reference) 2. Are there any other premises under your ownership O abutting this parcel? Yes No 3 . Are there any building permits pending on this parcel? Yes No 4 . Are there any other applications pending concerning this property before any other department or agency? (Town , State, County, etc. ) Yes No YL A7✓N'161& %Su4 d -- /"T L,nuc 4-ff4'#✓4C /0 y- 5 . 5 . Is there any application pending before any other agency with regard to a different project on this parcel? 5eL c4'Lwc _Yes No 6. Was this property the subject of any prior application to the Planning Board? L,:)7 Linc Yes No C' 1-7tvn jet' — 7 . Does this property have a valid certificate of occupancy, if yes please submit_a Copy of same C Yes j No Jlf W�c K� HDM�S ��f'arr c� /•7 +'f-tn �-t;�iC� I certify that the above statements are true and will be relied on by t4r Planningrd in consLdering this application. y- /G 03 Signature of property owner or authorized agent date Attachment to queso)nnaire for. the Planning *rd STATE OF NEW YORK, COUNTY OF SUFFOLK, ss : On the day of �11^�, before me personally came Tr� L�E f'(c.aLht to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that _executed the sate. mel No ary Public PATRICIA C. MOORE Notary Public,State of New York Suffolk County-No.4861668 Commission Expires June 16,E APPLICANT TRANSACTIONAL DLSCLOSUHR poll" The 'Town of Southold 's Code of Ethics prohibits conflicts of lnterest_on the part of town officers and employees. The 12—urp2se of--this form is to provide informatlon­wbichcan,alert the town of possible conflicts of interest and allow it to take whatever action_ls necessary to avoid same. YOUR NAME: a r— & ,, A ( Last name, first name, middle Initial, unl.esc You are aPplylnq in the name of someone eJ.se or other entity, such as a company. IC so, indicate the other person 's or company 's name. ) NATi1RE Op APPLICATION: (Check all Lhat apply . ) 'Fax grievanr_e Variance Change of zone Approval of plat Exemption from plat or OCClcial map Other -- (If "Other, " name the activity. ) no you personally (or through your company, spouse, siblinq, Parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in vhich the town officer or employee owns more than 5% of the shares_ YES NO ._ — If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant ) and the town officer or employee. Either check the appropriate line A) through D) acid/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : __A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) ; D) the legal or beneficial owner of any interest in a noncorporate entil:y (when bile applicant is not a corporation); C) an officer, director, partner, or employee of. the applicant; or D) the actual applicant . DESCRIPTION OF RELATIONSIIIP Submitted t`hiiss , jLday oft y ,7J SLg nature �/✓`�L�/�� ,� Print name Southold Town Planning Board Town Hall Southold, New York 11971 Re : Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed_. (2) No new roads are proposed and no changes will be made in the grades of the existing roads . (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, 14-16-2 (2/87)-7c • 617.21 SEQR Appendix A State Environmental Quality Review FULL ENVIFONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. " A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action 47V1✓"-1V6 1304P_-t> . Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 •PART 1 —PROJECT INFORMAVN Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered. as part of the application for approval and may be subject to further verification and public review Provide any additiona!i information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION >�24/✓C T19 irvr:fz St.1/-3D ( v,Sio�; LOCATION OF ACTION (include Street Address, Municipalitv and Cnuntvl /_ 1w,2 BeTN/£f-n/ �� ,� � <IT/D J t'VA10 V IE7v' 'tVC - NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE ADDRESS Jny�t/e7 ✓��-L✓" /�7JE CITY/PO STATEZIP CODE SaV rTiO[_d /may //9- / NAME OF OWNER(If different) BUSINESS TELEPHONE _ AL/31/v4 StTWILt�� ��eiG/JiL WrCJs}yq/ Zyb fl3S ADDRESS CITYIPO STATE ZIP CODE DESCRIPTION OF ACTION j G-a7S TN SAL. oFV EV- /Z-l61-1 FS / zmc C �U /}�CZ�S . ��kis7irvc / 2t7F _�17 5093, 5 off,ecY Tz 4�1�-vAr Cir;9nvcLc w/ e)p 34.77929TF 191TL14C Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial XResidential (suburban) ❑Rural (non-farm) ❑Forest (tAgriculture ❑Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) till <R- acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) /2v acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) pJ� orv{�1b acres _ . i+glfl acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil types) on project si�te?�.S��iVby LoAroo a. Soil drainage: �gWell drained �(A11% of site ❑Moderately well drained % of site ❑Poorly drained � % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS` Land Classification System? LG% acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? Dyes )4No a. What is depth to bedrock? (in feet) 2 5, Approximate percentage of prop project site with slopes F.10 10% / G10-15% 015% or gofer % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes )�No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes uy,No 8. What is the depth of the water table? . M1 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Ayes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes AO 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes KNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) OYes O(No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? []Yes QQN0 If yes, explain 14. Does the present site include scenic views known to be important to the community? NYes ❑No /JLafC t,'LTU 'E piptZ jr)e✓.1 r7 B7v f/ze)/,tasZZ) - 15. Streams within or contiguous to project area: /1,WAX— a. A 'a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name _&P' zjC4.Nr kE i7ZEb. Size (In acres) _ ' LA K b 17. Is the site served by existing public utilities? OYes )CNo a) If Yes, does sufficient capacity exist to allow connection? ❑Yes ONo b) If Yes, will improvements be necessary to allow connection? Dyes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Yes ❑No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes ;No 20. Has the site ever been used for the disposal of solid or hazardous wastes? Dyes ;9No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor d acres. b. Project acreage to be developed: 3 6LVS acres initially; LOSS acres ultimately. c. Project acreage to remain undeveloped Z-2 acres. d. Length of project, in miles: N".4 (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed z✓L " F. Number of off-street parking spaces existing -A-/�l ; proposed 4 . g. Maximum vehicular trips generated per hour N� �}' (upon completion of project)? h. If residential. Number and type of housing units: One Family Two Family Multiple Family Condominium Initially _ �' 13 �fs, Ultimately __ i. Dimensions (in feet) of largest proposed structure MR_ height; width; length. I- Linear feet of frontage along a public thoroughfare project will occupy is? 3sT ft. 3 2. How much natural material (i rock, earth, etc.) will be removed from •site? (J tons/cubic yards 3. Will disturbed areas be reclaimed? ❑Yes is&N/A a. If yes, for what intend.. purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ❑No c. Will upper subsoil be stockpiled for reclamation? Dyes [:]No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? JS acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes NNo 6. If single phase project: Anticipated period of constructiony" months, (including demolition). 7. If multi-phased: WA a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ❑No 8. Will blasting occur during construction? ❑Yes XO 9. Number of jobs generated: during construction S after project is complete S 10. Number of jobs eliminated by this project (� 11. Will project require relocation of any projects or fa,ilities? ❑Yes SdN0 If yes, explain 12. Is surface liquid waste disposal involved? L (es Y_N0 a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? IP.Yes ❑No Type `J&W irO4X 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes $No Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes )2�No 16. Will the project generate solid waste? NYes ❑No a. If yes, what is the amount per month T8 tons b. If yes, will an existing solid waste facility be used? Oyes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? 11 Yes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes IMNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ®Yes ❑No AU rCULrafE.E — LxraO P*KT1"e5 19. Will project routinely produce odors (more than one hour per day)? ❑Yes 'DRNo ONLY' 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes NN 21. Will project result in an increase in energy use? r9yes ❑No If yes , indicate type(s) �c o c!z% 9��tib —,__ 22. If water supply is from wells., indicate pumping capacity --�Q.__ gallons/minute. 23. Total anticipated water usage per day 10100 gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes KNo If Yes, explain 4 25. Approvals Required: Submittal • 0e Date City, Town, Village Board ❑Yes JNo 1W City, Town, Village Planning Board NYes ❑No ✓Vl tll t`Y SvbJC�w" City, Town Zoning Board ❑Yes UNo City, County Health Department [Ayes ❑No rAkyl" Other Local Agencies LfYes JNo :L1 0 Other Regional Agencies []Yes U�NO State Agencies Dyes QNo _ Federal Agencies ❑Yes E�No C. Zoning and Planning Information 1 Does proposed action involve a planning or zoning decision? XYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit )7Ssubdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? Ac- 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 13 L CTs 4. What is the proposed zoning of the site? dap S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? t 3 1 AS C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ,Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a '/ mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/ mile? Xes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? 3 a. What is the minimum lot size proposed? 8.9 3 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes 'kAlo 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ` .Yes o a. If yes, is existing capacity sufficient to handle projected demand? Kyes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes XNo a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. '1 Applicant/Sponsor N e C+.v>,j[. n Date 1 r 16 -05 Signature .litre If the action is in the Coastal Ar a, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 14.14.11 24471—qc O 1 I .L 1 SLUR Appendix B IF_te Environmental Quality view Visual EAF Addendum This form may be used to provide additional information relating to Question 1I of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between < Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/4 1/4-1/2 1/2-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ❑ ❑ ❑ ❑ t� observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ Tq- • The State Forest Preserve? ❑ ❑ ❑ ❑ 0' • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ &' • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ sa� natural features? • National Park Service lands? ❑ ❑ ❑ ❑ V/ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ Sal or Recreational? • Any transportation corridor of high exposure, such to/ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? • A governmentally established or designated interstate NK ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as UA ❑ ❑ ❑ ❑ scenic? • Municipal park, or designated open space? M' ❑ ❑ ❑ ❑ • County road? LJ ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ • Local road? iz ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) � ❑ �, Yes �o 3. Are any of the resources checked in question 1 used by the public during the time of year during 76 ich the project will be visible? Yes ❑No 1 DESCRIPTION OF EXI G VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within Essentially undeveloped *I/< mile * I mile Forested I.J�C ❑ Agricultural ❑ Suburban residential ❑ Industrial ❑ Commercial ❑ ❑ Urban ❑ ❑ River, Lake, Pond ❑ Cliffs, Overlooks El Designated Open Space WFlat ❑ Hilly E2 ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed ❑ ❑ 5. Are there visually similar projects within: *V2 mile 11 Yes 11 No *1 miles ❑Yes ❑No *2 miles ❑Yes ❑No *3 miles &Yes []No r " Distance from project site are provided for assistance. Substitute other distances as appropriate. \ EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Activity Holidays/ Travel to and from work Da' Weekly Weekends Seasonally Involved in recreational activities ❑ ❑ ❑ Routine travel by residents El ❑ ❑ At a residence a EJ 0 At worksite El ❑ El 1:1Other ❑ ❑ ❑ ❑ 2 Part 2—HKOJECT IMPACTS AND THEIR MAGNITUDE • Responsibility of Lead Agency • General Information (Read Carefully) • In completing the form the reviewer should be guided by the questionHave my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1. or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be i Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1 . Will the proposed action result in a physical change to the project site? ONO DYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ El -s ❑No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ ❑Yes ❑No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ El Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes ❑No than one phase or stage. • Excavation for mining purposesthatwould remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill ❑ ❑ ❑Yes F-1 No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts ❑ ❑ ❑Yes ❑No 2. Will there be an effect h. _..ry unique or unusual land forms found on _ the site?(i.e., cliffs, dunes, geological formations, etc.)❑NO DYES It • Specific land forms: ❑ ❑ 1:1 Yes ❑No 6 • 2 3 IMPACT ON WATER all to Potential Can Impact Be 3. Will proposed action affect any water body designated as protected? Moderate Large Mitigated By (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) Impact Impact Project Change; ONO DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ ❑Yes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes❑Yes ❑No-]No • Construction in a designated freshwater or tidal wetland. ❑ ❑ • Other impacts: ❑ ❑ Dyes ❑No 4. Will proposed action affect any non-protected existing or new body of water? LINO OYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ Dyes ❑No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ Dyes ❑No • Other impacts: ❑ ❑ Eyes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes [:]No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑Yes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ Dyes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ ❑Yes ❑No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ Dyes ❑No • Liquid effluent will be conveys J off the site to facilities which presently ❑ ❑ ❑Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ Dyes ❑No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ Products greater than 1,100 gallons. Dyes ❑No • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ require new or expansion of existing waste treatment and/or storage ❑ ❑Yes ❑No facilities. • Other impacts: ❑ ❑ Dyes ❑No 6. Will proposed action alter drainage flow or g patterns, or surface water runoff? Examples that would apply to column 2 ONO DYES • Proposed Action would change flood water flows. ❑ ❑ Dyes ❑No 7 • Fornt 3 S toCan Impact Be ModerateMitigated By ImpactProject Change • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes 11 No • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? ONO DYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ ❑Yes ❑No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ ❑Yes ❑No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ ❑Yes ❑No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ ❑Yes ❑No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes El No development within existing industrial areas. • Other impacts: - ❑ ❑ ❑Yes ❑No IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered species? ONO DYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ El Yes ❑No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑Yes ❑No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ONO DYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ ❑Yes ❑No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ ❑Yes ❑No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? Examples that would apply to column 2 ONO DYES • The proposed action would sever, cross or limit access to agricultural ❑ ❑ Dyes ❑No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 • 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes El No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes El No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ Dyes [:]No land management systems (eg., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (eg. cause a farm field to drain poorly due to increased runoff) • Other impacts ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? LINO OYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ []Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes El No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO OYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ Dyes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ ❑Yes []No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ONO OYES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ Dyes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 9 1 2 3 IMPACT ON ONSPORTATION mall to Potential Can Impact Be 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By ❑NO ❑YES Impact Impact Project Change Examples that would apply to column 2 r • Alteration of present patterns of movement of people,andlor goods. ❑ ❑ ❑Yes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes EJ No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action will cause a greater than S% increase in the use of ❑ ❑ ❑Yes F-1 No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes ❑No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ ❑Yes ❑No NOISE AND ODOR IMPACTS 16 Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? - ❑NO ❑YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes ❑No facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ ❑Yes El No • Proposed Action will produce operating noise exceeding the local ❑ ❑ ❑Yes ❑No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ ❑Yes ❑No substances(i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ ❑Yes ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes ❑No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ ❑ ❑Yes ❑NO within 2,000 feet of a site. used for the disposal of solid or hazardous E waste. • Other impacts: ❑ ❑ ❑Yes ❑No 10 IMPACT ON GROWT*AND CHARACTER 2 3 OF COMMUNITY OR NEIGHBORHOOD Small to Potential Can Impact Be 18. Will proposed action affect the character of the existing community? Moderate Large Mitigated By Impact Impact Project Change ONO ❑YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ []Yes No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ ❑Yes ❑No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑Yes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ ❑Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes ❑No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ ❑Yes ❑No • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes []No • Other impacts:_ ❑ , ❑ ❑Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? LINO ❑YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact($) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 • Town Of Southold • { , P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/22/05 Receipt#: 627 Transa::tion(s): Reference Subtotal 1 1 Park& Playground 51-3-4.3 $10,500.00 Check#: 627 Total Paid: $10,500.00 Name: Purita, Franco 19995 Soundview Ave. Southold, NY 11971 Clerk ID: LINDAC Internal ID:51-3-4.3 • MAILING ADDRESS: PLANNING BOARD MEMBERS pF SO//T • P.O. Box 1179 JERILYN B.WOODHOUSE O�� y0 Southold, NY 11971 Chair y � OFFICE LOCATION: WILLIAM J. CREMERS T Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMON ��yCourm Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk AUG 2 2 2005 From: Planning Department Southold Town Clerk Date: August 18, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check# Purita, Franco Conserv. Sub. 51-3-4.3 $10,500.00 627 P & PFee enc(s). Town Of Southold • • �� P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/12/05 Receipt#: 616 Transaction(s): Reference Subtotal 1 1 Application Fees 51-3-4.3 $500.00 Check#: 616 Total Paid: $500.00 .^il5 Name: Purita, Franco 19995 Soundview Ave. Southold, NY 11971 Clerk ID: LINDAC Internal ID:51-3-4.3 • • MAILING ADDRESS: PLANNING BOARD MEMBERS a Sour P.O. Box 1179 � JERILYN B.WOODHOUSE O� y�! Southold, NY 11971 Chair h OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR %� �� (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMONli�'COWWI Southold, NY 1111 Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk AUG 1 ,(..2005 From: Planning Department Southold Town Clerk Date: August 12, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check# Purita, Franco Conserv. Sub. 51-3-4.3 $500.00 616 final appl. fee e nc(s). Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/25/03 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $2,500.00 Check#: 101 Total Paid: $2,500.00 rE :E1 dE D2003"ard Name: Purita, Franco 19995 Soundview Ave. Southold, NY 11971 Clerk ID: JOYCEW Internal ID:79948 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Robert G. Kassner Margaret Rutkowski Legal Assistant Legal Secretary November 18 , 20005 Jeri Woodhouse, Chairwomen Southold Town Planning Board Town hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 Re : Minor Subdivision for Frank Purita No. Of intersection of CR 48 & Old North Road, Southold SCTM# 1000-51-3-4 . 3 Dear Mrs . Woodhouse : Enclosed are four copies of the above project map and Stormwater Polution Prevention Plan (SWPPP) . A Notice of Intent (NOI) has been sent to the Department of Environmental Conservation (DEC) for a SPDES General Permit # GP-02-01 . If you have any questions, or require additional information, please contact this office . Very truly yours, Patricia C. Moore CC : Frank Purita Encl . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 August 26, 2005 Southold Town Planning Board { Southold Town Hall P.O.Box 1179 Southold, NY 11971 Att: Mark/Anthony — Re: Purita Subdivision SCTM#1000-51-03-4.3 Dear Mark or Anthony: Enclosed please recorded Covenants & Restrictions (as revised with paragraph I and J) on the above referenced project. Please call me when the map is signed so it can be filed and the development rights sold. FC. yours, Moore PCM/mr Encls. cc: Mr. Franco Purita MAILING ADDRESS: PLANNING BOARD MEMBERS OF so urG • P.O. Box 1179 JERILYN B.WOODHOUSE �0�� IOIO Southold, NY 11971 Chair iL OFFICE LOCATION: WILLIAM J. CREMERS T Town Hall Annex KENNETH L.EDWARDS H Q 54375 State Route 25 MARTIN H. SIDOR �� �� (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMON liyCOU'M,� Southold, NY 111' Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE 1 / TOWN OF SOUTHOLD MEMORANDUM To: Bob Kassner From: Mark Terry, Senior Environmental Planner Re: Conservation Subdivision of Frank Purita SCTM#1000-51-3-4.3 Draft Covenant and Restriction Edits Date: August 22, 2005 As discussed, please include the following clauses within the Covenant and Restrictions prior to filing. 1. That final map shall be rendered null and void and the approval of the subdivision invalid in the event that the closing of the development rights sale is not completed and proof of such closing is not submitted to this department. 2. The Town of Southold Building Department shall not issue building permits for any lot depicted on the final map until the closing of the development rights sale is completed in accordance with the approved map and proof of such closing is submitted to this department. Please call with any questions. S� PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631)765-4330 Fax: (631) 765-4643 q ! i i AUG 1 2 2005 August 12, 2005 Southold Town Planning Board Southold Town Hall P.O.Box 1179 Southold, NY 11971 Re: Purita Subdivision SCTM#1000-51-03-4.3 ,l+ Dear Mrs. Woodhouse: Enclosed please find propose enan s estrictions e above referenced project. Also enclosed please find my client's eck no. 627 in $10,500.00 payable to the"Town of Southold" for the park and playground ee. The resolution adopted by your Board on August 8' presents a problem. We need the Chairwoman to sign the map in order to file the map right away. The map is in final form and approved by the Health Department we intended to file the map then close on the sale of development rights with the County of Suffolk. If the sale of development rights were to be done first we risk nonconformity with the deed descriptions. Any discrepancy in the description of the development rights deed with the map will prevent the owner from filing this map. Both the C&R's and the map identify parcel 3 as development rights sale,and a contract with the County is conditioned on this subdivision map. We ask that the chairman sign the map so that the map can be filed and the developme sold without complications. of` Very truly yours, \� Patricia C. Moore PCM/mr 0\ Encls. cc: Mr. Franco Purita • 0 SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Franco Purita and Claudia Purita residing at 19995 Soundview Avenue, Southold New York 11971 this Ia 7a day of August 2005, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions : 1 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES . 2 . As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants as follows : A. Lot 3 includes 1 . 83 acres of clustered open space upon which no residential development rights exist . The Sale of Development rights purchase does not compensate owner for 1 . 83 acres of clustered open space . B. Lot 3 is subject to a utility easement to run water lines from North Road to lots 1 and 2 . The meets and bounds of the utility easement are placed on the map and the acreage of the easement excludes . 8496 acres from the sale of development rights . In the event that public water becomes available through Chardonnay Drive, this utility easement shall terminate and the lots will connect to public water from Chardonnay Drive. C . Prior to any construction activity, the project will require a general permit for Storm-water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollution Elimination Discharge System (SPEDES) Program. D. This subdivision and the owner of each lot shall comply with the New York State Pollution Discharge Elimination System (SPEDES) requirements . The SPEDES permit requires, at a minimum, that an 0 0 erosion and sediment control plan be prepared for any construction activity that disturbs one or more acres . The Storm-water Pollution Control Plan requires erosion control planning, site management and sediment control by all landowners . This erosion and sediment control plan has been filed with the Planning Board and a "Notice of Intent" forwarded to New York State Department of Environmental Conservation, in accordance with "General Permit for Storm-water Runoff from Construction Activity" (GP-02-01) , Albany, New York. E . Vehicular access to lots 1 and 2 shall be from Chardonnay Drive only. F . Vehicular access to any future residence within the 2 . 39 acre reserved area/building envelope on the south side of Lot 3 shall be from Old North Road only. G. The 65 x 148 . 88 building envelope located in the north of Lot 3 is restricted to agricultural use only. Any residential use within the building envelope is prohibited. The occupancy of any structure within the building envelope for living purposes is prohibited. H . The owners of Lot 3 are subject to Article XXII, Farmland Bill of Rights [Added 5-27-97 by Local Law No 11-1997] and Southold Town Code Section 100-220 By this Declaration future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Town of Southold. 3 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 4 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof . 5 . These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns , and upon all persons or entities claiming under them, and may be terminated, revoked or amended by a vote of a majority plus one of the members of the Planning Board. 6 . If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or be held to unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional . Fr nco Purita Claudia Purita C/G'L� G���� Schedule A DESCRIPTION OF PROPERTY DECLARANT: Franco Purita and Claudia Purita STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On the 12th day of August, 2005, before me, the undersigned, personally appeared Franco Purita personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acteexecuted the instrument.. N tary Public MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 9, a O c 7 • MAILING ADDRESS: PLANNING BOARD MEMBERS �OF SOU,L' P.O. Box 1179 JERILYN B.WOODHOUSE �O� '70� Southold, NY 11971 Chair .IL OFFICE LOCATION: WILLIAM J. CREMERS T Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H. SIDOR �� (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMONliyCoU'M Southold, NY 111 1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 9, 2005 Patricia Moore, Esq. :11020 Main Road Southold, New York 11971 Re: Proposed Clustered Conservation Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR 48 and s/o Sound View Ave. in Southold SCTM#1000-51-3-4.3 Zoning District: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, August 8, 2005, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 27.0309-acre parcel into 3 lots where Lot 1 equals 40,001 sq. ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of a 22.5227-acre Development Rights Sale, a 2.39-acre building envelope and a 65' x 148.68' building envelope in the north of the parcel for an agriculture structure. A 15' Utility easement is also proposed over Lot 3; and WHEREAS, the subdivision is a cluster subdivision pursuant to Chapter A-106 of the Southold Town Code; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23± acres); and WHEREAS, the Town of Southold Board of Trustees issued a letter of non-jurisdiction on August 27, 2003 for the action; and WHEREAS, the Southold Town Planning Board issued a negative declaration pursuant to the State Environmental Quality Review Act for the action on September 8, 2003; and WHEREAS, conditional sketch plan approval was granted on December 9, 2003 for the action; and WHEREAS, the Suffolk County Water Authority issued a letter of water availability on January 14, 2005 for the action; and f • • Purita — Page Two — 8/9/05 WHEREAS, the Suffolk County Department of Health Services issued an approval stamp on June 10, 2005 for the action; and WHEREAS, the Planning Board hereby establishes the clearing limit for each lot as follows: Lot 1 - 50% or 20,000 sq. ft. cleared of total lot area equal to 40,001 sq. ft., and Lot 2 - 50% or 20,000 sq. ft. cleared of total lot area equal to 40,001 sq. ft.; be it therefore RESOLVED, that the 65' x 148.88' building envelope located in the north of Lot 3 be restricted to agricultural use only. Any residential use within the building envelope is prohibited. The occupancy of any structure constructed within the building envelope for living purposes is also prohibited; and be it further RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps entitled Cluster Minor Subdivision, dated March 25, 2005, subject to the following conditions. The conditions must be met within six (6) months of the resolution: 1. The submittal of documents indicating that the applicant has closed with the County of Suffolk on the Lot 3 sale of development rights. 2. Submit a draft Covenant and Restrictions with the following clauses as outlined: a. Lot 3 includes1.83 acres of clustered open space upon which no residential development rights exist. b. Indicate the acreage and metes and bounds of the 15' Utility Easement. In addition, specify the use of the easement. c. To satisfy the Town of Southold's SPEDS requirement, add the language "Prior to any construction activity, the project will require a general permit for Storm-water Runoff from Construction Activity (GP-- 02-01) administered by the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollutant Elimination Discharge System (SPEDS) Program. d. Vehicular access to Lots 1 and 2 shall be achieved from Chardonnay Drive only. e. Vehicular access to any future residence within the 2.39-acre building envelope located in the south of Lot 3 shall be achieved from Old North Road only. f. The 65' x 148.88' building envelope located in the north of Lot 3 is restricted to agricultural use only. Any residential use within the building envelope is prohibited. The occupancy of any structure constructed within the building envelope for living purposes is prohibited. g. Include a clause notifying any future lot owners that Lot 3 is subject to ARTICLE XXII, Farmland Bill of Rights [Added 5-27-1997 by L.L. No. 11-1997]§ 100-220. Right to farm. Of the Town of Southold Town Code. �Iurita — Page Three —8/9/05 I Submit the Park and Playground Fee in the amount of$10,500. This assumes that Lot 1, 2 and the 2.39-acre (includes utility easement) building envelope located in the,south of Lot 3 could be improved with residential structures. As discussed in the past, if the applicant proposes to eliminate the residential use on the 2.39-acre building envelope within the Covenant and Restrictions, then the amount could be reduced by $3500 to equal $7000. The Planning Board requires that lots upon which development rights will be sold, must be labeled as such. Please contact this office with any questions. Very truly yours, enlyn B. Woodhouse Chairperson cc: Bob Zaher, Land Management Specialist Melissa Spiro, Land Preservation Coordinator PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 August 5, 2005 HAND DELIVERED Southold Town Planning Board 53095 Main Road PO Box 1179 Southold, NY 11971 RE: FRANK PURITA SUM: 1000-51-3-4.3 Dear Chairman: Enclosed please find the green Certified Mail Receipts for the above referenced matter which have been received as of date. Also enclosed please find the Affidavit of sign posting. Thank you. Vmy yours, 'tc _- PATRICIA C. MOO \ PCM/bp Encls. 0 PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN FRANK PURITA POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-51-3-4.3 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Frank Purita, residing at Southold, New York, being duly sworn, depose and say that: On the day of July, 2005, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance'; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be on Monday, August, 8, 2005. ank Purita Sforn to be ore me this day o 01 2005 Nota lic, S AiE lVl,(CLC-1 0 ,D �c IKiyi.c. tf,oi�c� Jkcl/f, eDOF i3c`TS y R- •�QK i�.0 'near the entrance or driveway entrance of the property, as the area most visible to passersby. WILLIAM D. MOORE 4. Restricted Delivery? 3.Service Type ATTORNEY AT I AW 51020 MAIN D (Extra Fee) as CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3::1,0 11]00 0529 vSiBnptu (O ^ - ?ddressee r Agent) I I I� II'III III II III IIID I�, II III I I I X B. Receiv (Please P' S '% 719$; 6463 3110 1000 0529 V I C.Date of Delivery yY I 1. Article Addressed To: �I t D.Addressee•sAddress(n r+em KAREN DALY !Sos MARY JABLONSKI 34-27 79TH STREET s.ee. ryAEEre..lsmt.l ApL lFleer(PL.,.thiol Cro:riyj JACKSON HEIGHTS NY 11372 WIL IAM D. MOORE 4.Restricted Delivery? 3.Service Type ATT RNEY AT LAW (Extra Fee) ❑Yes CERTIFIED 51020 MAIN ROAD SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 1000 0581 `A'Si tures (OAddressee or 13Agent) IIIIII III II IIII II III III VIII IIIIIIIII III B. Rec d B?., (Please Print Clearly) 7192 6463 3110 1000 0581 C.Date of Delivery 1. Article Addressed To: D.Addressee'sAddress(sojffi ndFm AEecSu bys..Ey ATTN: NEIL REGO INC. CHARDONNAY WOODS HOA 100 FOX HILL DRIVE 8eennE�ry AdNeat/Sulle�%�Rpl.%Float(Plsem Pdnl Cbedyj BAITING HOLLOW NY 11933 WIL IAM D. MOORE 4. Restricted Delivery? 3.Service ATT RNEY AT LAW 510 0 MAIN ROAD (Extra Fee) E]Yes CERTI ED SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 1000 0598 A.Signal (OAddre � or OAgant) IIIIII III II IIII II III III IIII III IN I III B. Rec ved By: ease Print pearly) 7192 6463 3110 1000 0598 C.Date of Delivery 1. Article Addressed To: D.Addressee'sAddrese(nom..rEPmmAEem.,rYa.Eeys«ny ATTN: NEIL R E G O INC. CHARDONNAY WOODS HOA 100 FOX HILL DRIVE SacenEsry Erase I Sulta/Apt.I Floor(Pleas Porn Charly] BAITING HOLLOW NY 11933 PATRI IA C. MO� 4. Rdslrlcted Delivery? 3.Service Ty 'a ___......� ATTORNEY AT LAW 51020 MAIN ROAD (Extra Fee) E]Yes I CERT IED SOUTHOLD NY 11971 ' 2 Article Number I 7192 6463 3110 1000 0864 vSiB tut ❑Addressee gent) IIIIII III II IIII II III III(IIII IIII II III III �- B. ReceiveBy: (Please Pri Clearly) 7192 6463 3110 1000 0864 C.Date of Delivery 1. Article Addressed 70: D.Addressee'sAddress(nom.,.,,rce,,,AEE,,,,u..EeYsw.e ONE LL£ 608 Wi*LNUT STREET - -- -- -- -...- WASHINGTON TOWNSHIP NJ 07676-4418 s.cene.ry Aaeie..I sml.I . .._................. ApG%Fbw(PNess fHrR LIs�dY) aellvery AEEreos -66........................................ ...... CITY Stsla ..ZIF GOUe WILLIAM D• MOORE 4. Restricted Delivery? &Service Type ATTORNEY AT LAW (Extra Fee) ❑Yes ERTIFIED 51020 MAIN ROAD SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 1000 0604 L•- ( A.S'nature: (OAddres ee o e �� III III it IIII II III ill 1111111 II II III III . Re By: (P leany) !J"•'-`.-`7192 6463 3110 1000 0604 C.Date of Del very 1. Article Addressed To: ALBINA SAWICKI p,Addressee's Address(noaw.MPmelAee..•w.aDrseaq 5 535 OLD NORTH ROAD SOUTHOLD NY 11971 ———— PATRICI ATTORNE ED 510211 r ✓ 1► SOUT OL 7192 6463 311L1` 1000 0871 A.S! re: (O Addressee or0Agent) IIIIIIIIIIIIIIIIIIilllllllllllllllllllll B. Received By: (Please Print Clearly) 71-92 6463 3110 1000 0871 C.Date of 1. Article Addressed To: TRIBERRY FIELDS LLC D.Addressee's ss ix rmmAmn..u..aers.ntl.d 230 EAST 85TH STREET NEW YORK NY 10028 r.::-.7-c:a:c:-rc-� WILLIAM D• MOORE 4.Restricted Delivery? &seMce T ATTORNEY AT LAW (Extra Fee) []Yes iTI ED 51020 IN ROAD SOUTHO NY 11971 2 Article Number `5 7192 6463 3110 1000 0642 A.signature;. �dd�eaaee or OAgenry �- IIII III II IIII II III III 1111111 III IIII III X B as Print Clearly) 7192 6463 3110 1000 0642 ' e of Delive 1. Article Addressed To: C.Dat-7_a -7,0, JOAN D- SELBY O.Addressee'SAAdddress wDM•rvRP2mAee....0.reys.ra.e PO BOX.. 637 I 6Pa at )� ` 37 SUSSEX NJ 07461 0Ir �E—� A E I ' o r SOUTHOL 7192 6463 3110 1000 0673 A.X91 e: (OA dre e r OAgent) 11111111111 IIII IIIII III IIIIIIII Illilllll B. Received By: (Please Print Clearly) 7192 6463 3110 1000 0673 C.Date of Deli 1. Article Addressed To: 2ND GENERATION PROP. LLC p,Addrassee's dr srxomh.MPmmamrwua.aeysw.q 230 EAST 85TH STREET ...... . ..................... y. NEW YORK NY 10028 eseontlery Adeeae/Sidle I .. Floor(Wxae PrIrR Lh.Ry) Delivery Adtlreee ........................................ elate ZIP�I Cotle I City A r WILLIAM D. MOORS 4.Restricted Delivery? &service Type T ATTORNEY AT 1 ­1 a CERTIFIED 51020 MAIN Re (FnF••J [ s e SOUTHOLD NY 11971 2 Article Number 7192 64 ' I�ILI1{111HI q�I{{I 9 0666 � A. ignat tl ee or OA• IIIIII (IIII IIII II RII II'I II II II B. Received By: (Please Print Cleary) 7192 6463 311.0 6 6 C.Date of Delivery 1. Article Addressed To: D.Addressee'sAddress raowaeFw.Aaa...a..tlnys..etl THEODORE M. G A U L T CAROL A. GAULT 20485 SOUNDVIWE AVENUE PO BOX 1524 SOUTHOLD NY 11971 WILLAI ATTO NI // QED 5102 5102 I SOUTHOL_ 7192 6463 3110 1000 0635 `A.sl (pAddressea or pA IIIIII III II IIII II III III VIII I I I I II XB. Received By: (Posse Print Cleary) 7192 6463 3110 1000 0635 C.Date of 1.Article Addressed To: D.Addresses'sAadrips mawmeR.maae...arersw4w TRIBERRY FIELDS LLC 230 EAST 85TH STREET a.......,.�.... a_ ..__.:. ._ NEW YORK NY 10028 WILLIAM MOORS 4. Restricted Delivery? b.service ATTORNEY T LAW 51020 MAIN ROAD (Extra ED FeeJ Yes CER I SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 1000 0680ag- ` azaawn A.Signature: (pAtltlsee or pApent) 11111111111 IN 1111111111111111111111111 B.Aee By: ( not Cleary) 7192 6463 3110 1000 0680 C.Date of Delivery 1. Article Addressed To: D.Addressee'sAddress ra F,o•neer.u..tlers«ae MARGARET A• KERBS 49890 CR 48 SOUTHOLD NY 11971 ..a_:��s:_:....�LL_.�. WILLIAM D• MOO RE 4.Restricted Delivery? 3.Se ATTORNEY A LAW 51020 MAIN ROAD (Extra Poo) ❑Yes CER77 IED SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 1000 0703 � I 0.S tura: (pAtltlroa rpAenO Illlullllllllllllllllllllllllllllllllll B. R eived By: ( e Print Clearly) 7192 6463 3110 1000 0703 C.Date of Delivery 7,Article Addressed To: I,I f 'p li I D.Addrossae'sAddross r F�.nea...u.eers..e,tl JOHN M. KERBS 49700 CR 48 `r SOUTHOLD,' NY 11971 ew..ary bdnn I dJl.I %Flom"rbs.FrM('Zlx" � l rel ............................._........................................._......... D.Ilv.ry etltlnu Cllr atn. ZIF�%'SOGtr PATRICIA C• MOORE 4.Restricted Delivery? ASeMce Type 1 ATTORNEY 'T LAW 51020 MA. ROAD (ExrraPt (]Yes I CERTIFIED SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 1000 0888 MRS A. 713Addmssee dressee or OApent) IIIIII III II IIII II III III VIII�I�III III III S. Received By: se 7192 6463 3110 1000 0888 OaG C.Date 1. Article Addressed To: D.AddreJ,a„L ve ,, MICHAEL SARAGAS 22-29 33RD STREET `�� LONE, cl sun ter.,..;.•••. .4'.. PATRICIA C• MOORE 4.Reetrloted Delivery? 2seMce Type ATTORNEY AT LAW (ExtraFes) QYes CERTIFIED 51020 MAIN ROAD f SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 1000 0857 A,Signal (oaddress • gent) IIIIII III II IIII II III III(IIIIVIII IIII III 1 S. R wed BY: (afsese a j- '�— 7192 6463 3110 1000 0857 I c.Date of Delivery 0 3 ryuFc ^l +•Article Addressed To: I cD AtIG Lw� � I FRANK PURITA D.Aa nssee'sAe°es`!" 19995 SOUNDVIEW AVENUE SOUTHOLD NY 11971 d'c"WW , .I 4.Restricted Delivery? A SeMoa type WILLIAM D. MOORE RTIFIED ATTORNEY AT LAW (ExneFee) E]Yes 51020 MAIN ROAD 2 Article Number SOUTHOLD NY 11971 7192 6463 3110 1 0 0536 I A Slg ature (oAddreaaee cr oApant) IIIIII VIII IIII II IIIIIIIIIIIIIII 11111111 X S. R BY: (abase )Y� 7192 6463 3110 1000 0536 [d"✓7 r t 1r C.Date of Delwery C) 3 1. Article Addressed To: FRANCO G• PURITA D.Add sAddr if CLAUDIA PURITA 19995 SOUNDVIEW AVENUE r ............:... _ r^11 uAl n. uv 11.971_ 4.Restricted Delivery? 2 Service Type 1 r4, WILLIAM D. MOOF. ATTORNEY AT LAW (Exna Fee) E]Yes CERTIFIED 51020 MAIN ROAD SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 000 0611 XSignature: e o IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII S. Race By: (Please Print Dbedy) >1ti�rta92 6463 3110 1000 06 11 L� G C.Date of Delivery 1. Artlel&L ddressed To: � ICKI D.Addresssa'sAddrou poaw.rtsAmea+.w'°°Ysuw.'! lRfypj T AY s AI A MN 55127-2558 I ;�;m;�;-�»•r8,�-�f;ii:r•1�«-nv»»-r.�M sr»roi ✓ 20 � a I I ......_.......................«....._................_........._....._....... Ddiv.ry AE.r... j + I PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 R E 7ED Tel:(516)765-4330 Fax::(516)765-4643 JUL 2005 ZONING BOA 0 F APPEALS July 27, 2005 HAND DELIVERED `Q Zoning Board of ppea s 53095 Main R d [� PO Box 117 Sou tho NY 11971 �{ RE: FRANK PURITA SCTM: 1000-5-3-4 . 3 Hearing Date : MONDAY, AUGUST 8, 2005 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. V y truly yours, PATPC�A) � C .)MOOR PCM( Encl I L 2 9 2005 1 PLANNING BOARD TOWN OF SOUTHOLD:NEW YORK -------------------------------------------------x In the Matter of the Application of AFFIDAVIT FRANK PURITA OF (Name of Applicant) MAILINGS CTM Parcel #1000-51-3. 43 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Vanessa Craigo, residing at Cutchogue, New York, being duly sworn, depose and say that: On the 25T" day of July, 2005, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X) Assessors, or( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Vanessa Craigo Sworn to bef e this 26r" day of y, 2005 !!RL Nobry PuWk Stow a Now York BuHoRc County-No.4801W1 Cw misswn EvknJ mo t Y- 200 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. FRANK PURITA; �NSERVATION SUBDIVISION NEIGHfR MAILING LIST ` SCTM: 1000-51-3-4.3 JOHN P. STANISIC WALTER SAWICKI MARIA STANISIC 32 SUMMIT WAY 199 WEDGEWOOD DR SAINT PAUL, MN 55127-2558 HAUPPAUGE NY 11788 SCTM: 51-3-4.1 SCTM: 1000-51-4-1 TRIBERRY FIELDS LLC KAREN DALY 230 EAST 85T" STREET MARY JABLONSKI NEW YORK NY 10028 34-2779TH STREET SCTM: 51-3-12.18 JACKSON HEIGHTS NY 11372 SCTM: 1000-51-4-2 JOAN D. SELBY PO BOX 637 DAVID PAGE SUSSEX NJ 07461 BARBARA SHINN SCTM: 1000-51-4-8 300 BLEEKER STREET NEW YORK NY 10014 CELESTE THEOPHILOS SCTM: 1000-51-4-5.1 23-2230TH ROAD ASTORIA NY 11102 FRANCO G. PURITA SCTM: 1000-51-4-9 CLAUDIA PURITA 19995 SOUNDVIEW AVENUE THEODORE M. GAULT SOUTHOLD NY 11971 CAROL A. GAULT SCTM: 1000-51-4-6 20485 SOUNDVIWE AVENUE PO BOX 1524 MICHAEL D. ESPOSITO SOUTHOLD NY 11971 KANES YOLANDA SCTM: 51-4-10 330 EAST 38TH STREET APT. 530 NEW YORK NY 10016 2ND GENERATION PROP. LLC SCTM: 1000-51-4-7 230 EAST 85T" STREET NEW YORK NY 10028 FRANK PURITA SCTM: 51-3-12.3 19995 SOUNDVIEW AVENUE SOUTHOLD NY 11971 TRIBERRY FIELDS LLC SCTM: 1000-51-3-4.3 230 EAST 85T" STREET NEW YORK NY 10028 ATTN: NEIL REGO INC. �111 SCTM: 51-3-12.16 CHARDONNAY WOODS HOA 100 FOX HILL DRIVE MARGARET A. KERBS BAITING HOLLOW NY 11933 49890 CR 48 SCTM: 1000-51-3-3.20 SOUTHOLD NY 11971 ATTN: NEIL REGO INC. �j SCTM: 55-3-4.7 CHARDONNAY WOODS HOA JOHN M. KERBS 100 FOX HILL DRIVE 49700 CR 48 BAITING HOLLOW NY 11933 SOUTHOLD NY 11971 SCTM: 1000-51-3-3.19 SCTM: 55-3-4.4 ONE LLC MICHAEL SARAGAS 608 WALNUT STREET 22-2933 RD STREET WASHINGTON TOWNSHIP NJ 07676-4418 LONG ISLAND CITY NY 11105 SCTM: 1000-51-3-5 SCTM: 55-2-7 ALBINA SAWICKI 5535 OLD NORTH ROAD SOUTHOLD NY 11971 SCTM: 1000-51-3-6.1 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 conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-51-3-4.3; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That this clustered, conservation subdivision proposes to subdivide a 27.0309- acre parcel into 3 lots where Lot 1 equals 40,001 sq. ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of 22.5227 acres upon which the Development Rights are proposed to be sold to the County of Suffolk, a 2.25-acre building envelope and a 148.68 x 65.00-foot building envelope in the north of the parcel for a barn structure. A 15' utility easement is also proposed over Lot 3. The property is located n/o the intersection of CR 27 and CR 48 and s/o Sound View Avenue 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 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, August 8 2005 at 6.00 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. Petitioner's Name: Frank Purita . Date: 7/12/05 r RECEIPT RECEIPT RECEIPT RECEIPT 7192 6463 3110 1000 0505 7192 6463 3110 1000 0529 7192 6463 3110 1000 0826 7192 6463 3110 1000 0536 FROM: FROM; FROM: FROM: , William D.Moore Iliam0 voopa,, PatriciaC Mogre wriarci'D MpQm- RE PURITA RE:PIYRIAA RE:PURITA PE:PUR(TA C) \j\ t SEND TO: SEND TO SEND TO SEND TO JOHN P.STANISIC KAR�ALY DAVJOAG`E 'I I-, : £,'AN G. TA MARIA STANISIC MARY JABLONSKI BARBARA SHINN 1 r I CLAODIA FUR �r i 199 WEDGEWOOD DR 34-2779TH STREET' 7 300 SLEEKER STREET J ` 19 OUNDV E HAUPPA/GE NV 11] JACKSON HEldW.SMY 11372 NEW YORK NY 100}4 ` ' SOU.'O 1 FEES: FEES: FEES:, pi's FEES - Postage 0.37 Postage 0.37 Postage-. D.37 Postage 0.37 Certified Fee 2,30 Certified Fee 2.30 Certified Fee 2.30 Certifetl Fee 2.30 Return Receipt 1,75 Return Receipt 1.75 Return Receipt 1 75 Return Receipt 1,75 Restricted Restricted Restricted Restricted TOTAL $4.42 TOTAL $4.42 TOTAL $4.42 TOTAL $4.42 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE RECEIPT RECEIPT RECEIPT 71926463 RECEOP 10000550 7192 6463 3110 1000 0857 SII 7192646331101D000`'Q4, 7192 6463 3110 10D00581 FROM FROM: - '�., FROM: FROM: p~ Pataca.0 M ill, ' William D.Moore William D.Moore William D Moore +. RE:PURITA RE:PUNTA 4 i. �� RE:P(1RIT�' \ RE PURRA JUL . SENDT - SFNp TO �ENDTO - ,SEND TO: =KAEL D.ESPOSITO FRANK PURITA ATTI4'JJEIL'REGOINC ATTN:NEILREGO INC. ' KANES YOLANDA i§9 SOUNDVIEW AVENUIE ` CHAIR NAWkRq ' CHARDONWAY WOODS HOA 339 EAST 38TH$FR�:ET APTt SOUT dNY 1910 \\ 100 FBX FF�IMMLL r / 100 FOX HILL DRIVE NEVJ YORK Y.,1L1_ ,E BAITING LOW NY 1193n( BAITINGHOLLOW NY 11933 FEES: FEES: FEES: FEES: Postage 0.37 Postage 0.37 Postage 0.37 Postage s - 0.37 Certifetl Fee 2.30 Cedified Fee 2.30 Certified Fee 2.30 Certified Fee 2.30 Return Receipt 1 75 Return Receipt 175 Return Receipt 1 75 Return Receipt 1.75 Restricted Restricted Restricted Restricted TOTAL $4.42 TOTAL $4.42 TOTAL $4.42 TOTAL $4.42 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE RECEIPT RECEIPT RECEIPT RECEIPT 7192 6463 3110 1000 0864 7192 6463 3110 1000 0604 7192 6463 311EY1000 0611 7192 6463 3110 1000 0871 FROM: FROM: FROM: ,-: •, FROM: Patricia C.Moore William D Mgpre _ will b Mpore d Patricia C.Moore RE:PURIjA - PURIT � t RE:Fl1R(Th ,�'1 RE:PURITA If S njp�b. ErtpTO. SEND O; SEND 70; V LQ� F 1 65fSXkVIL IRT WALT S`)kol - TRISEF/RX FIELDS LLC AlIIbT�TREEi 6635'bLRTH ROAD 32 SUIV 230 Ek31"86TH STREET. WA FIJNGTON TOWNSHIP Ni i SOUTHOLD NY 11971 SAINT PA U 55i2T2558 NEW YORK NY 10028 FEES FEES - FEES: FEES:' Postage Postage Certifietl Fee 2.30 CertMed Fee 037 9 0.37 Posta9C 2.30 Certifetl Fee 2.30 Certified Fe Return Receipt 1 75 Return Receipt 175 e 230 ' Restricted Return Receipt 175 Return Recelptl� Restricted Restricted Restricted � TOTAL $4.42 TOTAL $4.42 TOTAL $4.42 TOTAL $4.42 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE '.. KECEIPT FRECEIPT �IPT 7192 6463 3110 1000 064l� _ 7162646 1010000659 RECEIPT FROM: ,»-�•� 71926463311010000666 PURITA FROM 7192 6463 3110 1000 0673 REWill I Moore FROM: `w :PURITA EMoore R .PURITA ` FROM: RE PURI D TA William .Moore .•- RE:PURITA FED.Moore `12E:PURITA PURITA t SEND TO - �1 SEND TO. S"' SEND T2 .� JOAN D -i'QY ' 4 , PO BOX 63 - ? '• CELL•4iE THEOPHILOS r' 1 $END.TQ: 23122 30TH�d D i- TH RE M.GAULT SUSSEX NJ OY4 i 7// CA O GAULT 1 2Nbt0ENERATION PROP.LLC �'.� ASTHRIJFNV 1110 �{' / ' 230 EAST 85TH STREET;' 204 S DyIWE AVENUE NEW YORK NY 10028 PO B FEES: SOUr;HD ?0'11971 " - Postage 0.37 FEES: s 0.37 FEES: �' FEE Certified Fee Postage Realm Receipt 2.30 Certified Fee 2 3C : Postage 0.37 P 1.75 Return Receipt 1.75 CediAed Fee 2.30 Postage 0.37 Restricted Restricted Return Receipt 1.75 Certifietl Fee 2.30 Restricted Return Receipt 1 75 TOTAL $4,42 TOTAL $4.42 Restricted TOTAL $4.42 TOTAL POSTMARK OR DATE POSTMARK OR DATE $4.42 POSTMARK OR DATE POSTMARK OR DATE RECEIPT I RECEIPT 7192 6463 3110 1000 0435 ,. 1 7192 6463 3110 1000 0680 RECEIPT FROM: I FROM: 7192 6463 3110 1000 0703 RECEIPT William D.Moore W�uerRLS M ore'- FROM; 7192 6463 3110 1000 0888 _ / RE:PURITA,. - �reE:eaRrr 'i. William_q,4ccore FROM. 7 1 RE:PURITA Pafrima C A-More - RE:PURITA SEND TQ' r- SENDTOS i [ ,J • ,1 TRIBERRk FIELD9{;�- MA ij( 1j�7q KERB$ ,! SENO TO: 230 EAST 85TFFSTREET 498 qg JOHN M.KERBS / -SEND TO:. NEW YORK NV 10028 SOUTHOLD NY 11 49700 CR 48 MPHAEL SARAGAS SOUTHOLD NY 11971 i 22-29 33RD STREET E Y FEESFEESLONG ISLAND CgYkI 101105 : : � .�'` Postage 0.37 Postage 037 FEES: .,• rr Certifietl Fee P80 Certified Fee 2.30 Postage 037 FEES: Return Receipt 1 75 Return Receipt 1.75 Certified Fee 230 Postage 0.37 Restricted Restricted Return Receipt 1,75 Certifietl Fee 2.30 Restricted Return Re TOTAL $4 42 TOTAL $4 42 ceipt Restricted 1.75 TOTAL $4.42 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE TOTAL $4.42 POSTMARK OR DATE n • . MAILING ADDRESS: PLANNING BOARD MEMBERS �O f 50�� P.O. Box 1179 JERILYN B.WOODHOUSE �O� ��lO Southold, NY 11971 Chair 41 JL OFFICE LOCATION: WILLIAM J. CREMERS T Town Hall Annex KENNETH L. EDWARDS G% C 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �yCOUNTV,N Southold, NY 1111 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, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of August, 2005 on the question of the following: 6:00 p.m. Proposed clustered conservation subdivision for Frank Purita, located n/o the intersection of CR 27 and CR 48 and s/o Sound View Avenue in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 51-3-4.3 Dated: 7/26/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, JULY 28, 2005 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Traveler/Watchman I . • Page 1 of 1 Randolph, Linda From: Dina Kontokosta [dkontokosta@travelerwatchman.com] Sent: Tuesday, July 26, 2005 9:57 AM To: Randolph, Linda Subject: Re: Legal ad for publication Linda, We received the notice and it will run this week. Thanks. ----- Original Message ----- From: RandolphLinda To: dkontokosta?o travelerwatchman.com Sent: Tuesday, July 26, 2005 9:25 AM Subject: Legal ad for publication Please print the attached ad in the July 28 edition and send confirmation of receipt as soon as possible. Thank you. Linda Randolph 7/27/05 • • MAILING ADDRESS: PLANNING BOARD MEMBERStf SO �p P.O. Box 1179 JERILYN B.WOODHOUSE �O�� �17010 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G p� MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON �� a1� (cor. Main Rd. &Youngs Ave.) COU0 1Southold, NY 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, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of August, 2005 on the question of the following: 6:00 p.m. Proposed clustered conservation subdivision for Frank Purita, located n/o the intersection of CR 27 and CR 48 and s/o Sound View Avenue in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 51-3-4.3 Dated: 7/26/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson or STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York, being duly sworn, says that on the 26th day of July, 2005 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 8/8/05 Regular Meeting: 6:00 p.m. Public Hearing for the proposed clustered conservation subdivision of Frank Purita - SCTM#1000-51-3-4.3 Linda Randolph Secretary, Southold Town Planning Board Sworn to before me this 26 day of �Ll�/ 2005. Nota lic MELANIE DOROSKI NOTARY PUBLIC,State of NewVb* No.0=4634870 D04634870 Oualified in Suffolk County Commission Expires September 0,2 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for....e.....week(s) ccessively, commencing cp the...<?W.....day of ......... .....2005. LEGAL NOTICE � ( Notice of Public Hearrer�u� .... .. ... . ... .. NOTICE IS HEREBY GIVPN / that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning,Board, at the Sworn to before me this.� ay of Town Hall, Main Road Southold, New York on the Sth ••••. ••••• 2005. day of August,2005 on the ques- tion of the following: 6:00 p nL Proposed clustered conservation subdivision for Frank PtuJW lautW n/o the intersection of CR 27 and CR 48 Notary Public and s/o Sound Yew Avenue in Southold, Town of Southold, County of Suffolk, State of New Emily Hamill York. Suffolk County Tax Map NOTARY PUBLIC,State of New York Number 1000-51-34.3 No.01HA5059984 Dated: 7/26/05 Qualified in Suffolk County BY ORDER OF THE Commission expires May 06,2006 SOUTHOLD TOWN PLAN- NING BOARD Jerilyn B.Woodhouse dI'7CAF (0) • • MAILING ADDRESS: PLANNING BOARD MEMBERS ��pf soUj�o Sout hold,Box 1179 11971 JERILYN B.WOODHOUSE hp l0 Chair OFFICE LOCATION: WILLIAM J. CREMERS G Town Hall Annex KENNETH L. EDWARDS �p 54375 State Route 25 MARTIN H.SIDOR l (cor. Main Youngs Ave.) GEORGE D. SOLOMON 'y�UUldf'i,a Southold, d, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 12, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Conservation Subdivision of Frank Purita Located NO the intersection of CR 27 and CR 48 and s/o Sound View Avenue in Southold SCTM#1000-51-3-4.3 Zone: A-C Dear Ms. Moore: The final public hearing regarding the maps for the above-referenced conservation subdivision has been scheduled for Monday, August 8, 2005, at 6:00 p.m. at the Southold Town Hall. 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 Annex (2nd Floor, North Fork Bank). 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. August 5. 2005. The signs 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, / U �.J Jerilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator 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 conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-51-3-4.3; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That this clustered, conservation subdivision proposes to subdivide a 27.0309- acre parcel into 3 lots where Lot 1 equals 40,001 sq. ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of 22.5227 acres upon which the Development Rights are proposed to be sold to the County of Suffolk, a 2.25-acre building envelope and a 148.68 x 65.00-foot building envelope in the north of the parcel for a barn structure. A 15' utility easement is also proposed over Lot 3. The property is located n/o the intersection of CR 27 and CR 48 and s/o Sound View Avenue 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 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, August 8. 2005 at 6:00 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. Petitioner's Name: Frank Purita Date: 7/12/05 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(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 — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri.. 8/5/05 Re: Proposed Conservation Subdivision of Frank Purita SCTM#s: 1000-51-3-4.3 Date of Hearing: Monday, August 8, 2005, 6:00 p.m. § 58-1 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 12.27-1995 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 shall 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 new-paper within the period prescribed by law. B. B requiring the applicant to erect the sign provided by 'he town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street 5801 § 58-1 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 the 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. i 5802 WALTER SAWICKI CONSERVATION SUBDIVISION FOR 4F RANK P U RITA 1000 =51 =3 -4 . 3 Clustered conservation subdivision to subdivide a 27.0309-acre parcel into 3 lots where Lot 1 equals 40,001 sq. ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of 22.5227 acres upon which the Development Rights are proposed to be sold to the County of Suffolk, a 2.25-acre building envelope and a 148.68 x 65.00-foot building envelope in the north of the parcel for a barn structure. A 15' utility easement is also proposed over Lot 3. 'UONDAY - AUGUST 8 , 2005 - 6 : 00 P . M . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631)765-4643 June 15, 2005-- _ - Southold Town Planning Board JUIV i Southold Town Hall P.O.Box 1179 Southold, NY 11971 (BY HAND) Re: Purita Subdivision SCTM#1000-51-03-4.3 Dear Mrs. Woodhouse: Enclosed please find three (3) final subdivision maps and four (4) mylars on the above referenced project with health department approval. Please advise us when the plans are signed. Ve y urs, ricia C. Moore cc: Mr. Franco Purita c o / _ r Pa /t17-- 1/13/05 t1T1/13/05 Dear Jerri and the Southold Town Planning Board Upon reviewing the proposed conservation subdivision of the Purita property , tax map# 51-3-4.3, it has come to our attention that Mr. Punta plans to set aside a building envelope on the north end of the property. We are the owners of Shinn Estate Vineyards on Oregon Road in Mattituck, and successfully preserved our parcel in 1998 as part of the TDR program. As Southold Town residents and fellow farmers, we are sure Mr. Punta understands the importance of keeping open vistas and large parcels of farmland from becoming segmented into smaller patchwork parcels. While our farm is located on Oregon Road in Mattituck, our home is located on the north side of Mr. Purita's property. The proposed northern building envelope on the Purita property is in an area that is not appropriate for the parcel or the surrounding parcels.This building site would obstruct our viewshed of the surrounding open space and would unduly segment the farmland into a patchwork of smaller fields. As is illustrated in Mr. Purita's survey, the proposed building envelope runs the entire property line of our home from east to west. Thank you for your attention given to this environmentally sensitive issue. Barbara Shinn and David Page 19965 Soundview Ave. Southold, NY 11965 _ 631-765-1244 – 77'-1-17,'] i ` LOLIN: CHANGE y � L� 'j T aR�Y� m FOR Li cc, AT UZ HOLD oR)vE TOWN OF SOUTHOLD SUFFOLK COUNTY N. Y SCALK V--101Y NOV 6, 2002 IPi ,,,y DEC. 11, 2002 (rewsion) DEC. 20, 2002df#d!'#lo/7S,) �_ NTN 1 JAN. 10, 2003 (revision) 1 JAN. 13, 2003 (revision) JAN 17, 2003 (revision) KEY MAP - Apr210, 2003 keyi*n l SCALE.- 1"--600' JLW 10, 2003 ( revhron 1 JWe 20 2003 frevlslons/ Aug. 4, 003 I1evi i i Jan. 6, 2003 Arevntrml) Ocl. 13, 2004 (re 'Ons) SUFFOLK COUNTY DEPARTMENT OF 00- 0t. 27, 2004 ! HAUPPAUGE -N. Y. / waysc Nse DA TE _ S14 I ON)N I�HSC] „ ApF BLOC. �--1-' THIS IS TO CERTIFY THAT THE PROPOSED A +c 1g DEVELOPMENT FOR _ P00• WITH A TOTAL OF 4 '$" S20:30• 45bON THE ABOVE DATE WATER SUPPLIES ANL eon¢ FACEITIES MUST CONFORM TO CONSTRUCTIO, y b v1� AT THE TIME OF CONSTRUCTION AND ARE S( El PERWTS PWSUANT TO THOSE STANDARDS 3$� VALAD OAC Y AF THE REAL TY SUBDIVISION IDE 9?' DULY FLED PTH THE COUNTY CLERK WITHIN ___ A VM" CONSENT IS HEREBY GIVEN FOR THE FILING C f s -- S8274' . 'rD TMS ENDORSEMENT APPEARS 1N THE OFFICE To3p3s `` - o E ' SUFFOLK WITH TY SANITARYVISIONS OF HE P019L, ,ry p/ dse �.- 365.31' \_ 7 y Q`�g94 / . - V/TO • \ore ni DIRECTOR, DIVISION OF IV i COT Z Lij2 `` s o i WELL CAP 0161 STORAGE go oa 1Ual,�TAwc �asry T 7 ; Fr I ! 112'SLACK PV A PLANNING BOARD MEMBERS Q� CQ MAILING ADDRESS: JERILYN B.WOODHOUSE pI`� P.O. Box 1179 Chair O Southold, NY 11971 dJ OFFICE LOCATION: WILLIAM J. CREMERS �� • Q�� Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Younger Ave.) GEORGE D. SOLOMON Southold,NY Telephone: 631 765-1938 PLANNING BOARD OFFICE Fax: 631 765-3136 TOWN OF SOUTHOLD February 15, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR •18 and s/o Sound View Ave. in Southold SCTM#1000-51-3-4.3 Zoning District: A Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, Februa 14 2 adopted the following resolutions: IY 005, WHEREAS, the applicant proposes to subdivide a 27.0309-acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft. and Lot 3 is comprised of a 22.5227-acre Development Rights Sale, a 2.28-acre building envelope and a 148.68 x 65.00-foot building envelope in the north of the parcel for a barn structure; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23+ acres); and WHEREAS, conditional sketch plan approval was granted on December 9, 2003; and WHEREAS, the applicant has requested an extension of conditional sketch plan approval from December 9, 2003 to June 9, 2005; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter All 06 — Subdivision of Land of the Code of the Town of Southold"; therefore, be it RFSC!_VFII, tl'at thP inning Board Grants an e`F*-n S!rn Of rOn l!tlan8 e 9, 2005; and be it further 1 Si approval from December 9, 2003 to Jun Purita — Page Two — 2/15/05 RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Conservation Subdivision; and be it further RESOLVED, that the Park and Playground Fee has been reduced to $3,500.00 per vacant residential lot, therefore, the required amount due has been reduced to $7,000.00. Chapter A106 requires that a separate final application be filed for this application with this office. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, L-Jnd Preservation Coordinator PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 January 21, 2005 John Fitzgerald Suffolk County Department of Health Services Waste Water Management 300 Center Drive, Room S 238 Riverhead, New York 11901 Re: Frank Purita SCTM# 1000-51-3-4.1 HD Ref#: SIO-03-0008 Dear Mr. Fitzgerald: Enclosed is a letter of Water Availability issued by thd'Suffolk County Water Authority for the above applicant. If you have any questions, or require further information, please contact this office. Very truly yours, Patricia C. Moore Encl: cc: Frank Purita Southold Planning Board ,/ Abigail A. Wickham, Esq. • r ' SUFFOLK COUNTY WATER AUTHORITY 2045 Route 112, Suite 1, Coram, New York 11727-3085 January 14, 2005 (631)698-9500 FAX(631)698-9851 Patricia C Moore 51020 Main Road Southold, NY 11971 Re: Revised Letter of Availability—Soundview Ave, Southold File#4197726 Dear Ms. Moore: The Suffolk County Water Authority has received your application for water service for the above referenced parcel. The parcel is designated in the SCWA's Five Year Water Supply Plan for the North Fork as eligible to receive public water service. Accordingly,a Letter of Water Availability is issued. A proposed water main will be located on Old North Road. In order to serve Lot#1 and Lot #2 as shown on the map for the Cluster Minor Subdivision and Lot Line Change for Frank Putirta, an additional water main extension of approximately 275 feet wound be required. The water main can be installed under the terms of our Construction Contract, which would require a deposit of approximately$12,500.00, which is a tentative estimate of the cost of installation . This Letter of Water Availability is not to be considered an action by SCWA as defined by the New York Environmental Quality Review Actor a determination that the parcel is approved for building. You are responsible for obtaining any other permits or approvals that are required for the proposed project. SCWA shall not be required to provide water for the parcel until all of the other approvals have been obtained. SCWA will provide water service to the parcel upon payment of the applicable fees. The fees include a tapping fee, a key money charge and if applicable,a water main surcharge. Tapping fees start at $950.00 for a 1" service. Key money fees start at $3,000.00 for a 1" service. Surcharge amounts vary depending on the location of the proposed service. The tapping fees and the surcharge may be financed for existing homeowners. Please contact our New Construction Department during our normal business hours at (631) 698-9500, 8:30 a.m. to 5:00 p.m. Monday through Friday to proceed with this project and to obtain a contract and firm cost estimate. Very truly yours, Lawrence E. Anderson Assistant Manager LEA:as 4 C. COUNTY OF SUFFOLK • M / M5Pn2o ' COPY IFYi STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BRIAN L. HARPER, M.D., M.P.H. COMMISSIONER November 22, 2004 Ms. Albina Sawicki c/o Wickam, Bressler, Gordon& Geasa, P.C. P.O. Box 1424 Mattituck,NY 11952 Subject: Board of Review Hearing —July 8, 2004 S10-03-0008 — Purita, Frank, s/s/o Sound Avenue, 190 ft. c/o Chablis Path on north and bounded on the south by North Road, Southold — t/o Southold — SCTM: 1000 05100 0300 lots 004001, 004003 and 006001 Dear Ms. Sawicki: Enclosed is a copy of the Board of Review's (Board) findings, recommendations and determination concerning the subject application. It was the determination of the Board to deny the request for variance as detailed in the enclosed. The proposed variance is not in general conformity with the Suffolk County Sanitary Code. Very truly yours, Ateph A. Costa,a., Chief Chairman, Board of Review C: Board of Review File--Riverhead Ms. Valerie Scopaz— Town of Southold Mr. John Fitzgerald, P.E. —Reviewer Ms. Abigail Wickham, Esq. Mr. Andrew Freleng—Planning Department Ms. Patricia C.Moore, Esq. Ms. Lauretta Fischer—Planning Department Mr. Joseph Fitti, P.E. •DIVISION OF ENVIRONMENTAL OUAI- ' BOARD OF REVIEW♦ 220 RABRO DRIVE EAST♦ HAUPPAUGE MT 1 1 768 PHONE(631)853-3086 F"(631)853-3075 t SUFFOLK I;OUNTY DEPARTMENT OF HEALTHRERVICES DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTICLE 2, SECTION 220, SUFFOLK COUNTY SANITARY CODE To: Brian L. Harper, M.D., M.P.H., Commissioner From: Stephen A. Costa, P.E., Chairman, Board of Review Subject: Findings and Recommendations of the Review Board Regarding: SIO-03-0008 —Purita, Frank, s/s/o Sound Avenue, 190 ft. e/o Chablis Path on north and bounded on the south by North Road, Southold—t/o Southold— SCTM: 1000 05100 0300 lots 004001, 004003 and 006001 Hearing Date: July 8, 2004 Statement of Problem A community-type water supply is required when a realty subdivision or development is located within, or is reasonably accessible, to an existing water district or service area in accordance with the requirements of Article 6, §760-606 A.1 and A.2 of the Suffolk County Sanitary Code and §14 of the Department's Standards and Procedures for Private Water Systems. The applicant is requesting relief from these requirements. Findings and Facts 1. The parcel to be subdivided is located in Groundwater Management Zone 3. 2. The parcel is depicted as two lots on the 1981 tax map. 3. The parcel size is 1,230,435 square feet. It is proposed to subdivide the parcel into five lots with two at 27.031 acres, 26,860 sf, 26,111 sf, 40,575 sf and 46,545 s£ 4. The proposal conforms to density requirements. 5. Sewage disposal will be via septic tank and leaching pools. 6. Depth to groundwater is 7.1 feet. 7. Soils are acceptable with loam at 0 — 1 foot, sandy silt at 1 — 3 feet, fine to coarse sand at 3 —7.1 feet below grade and coarse sand below the water table. 8. The public water main will be extended along North Road (CR 27) to serve the two proposed residential lots bordering on North Road. The public water supply is serviced by Suffolk County Water Authority. 9. The applicants are seeking permission to use private wells for the two proposed lots located in the middle of the property. Brian L. Harper, M.D.,9P.H., Commissioner • ` Hearing Date: July 8, 2004 Subject: Findings and Recommendations of the Review Board Regarding: S 10-03-0008 —Purita, Frank, s/s/o Sound Avenue, 190 ft. e/o Chablis Path on north and bounded on the south by North Road, Southold—t/o Southold— SCTM: 1000 05100 0300 lots 004001, 004003 and 006001 10. The water main would need to be extended an additional 4,775 feet to service the two lots. The lots proposed to be served by wells are each at least 40,000 sf. 11. The Sawicki family owns the farm parcel, which is tax lot 4.3 of twenty-seven acres. They also own tax lot 4.1 on which there is an existing residence that never received subdivision approval from the Health Department to separate it from the farm in the early eighties when Mr. Sawicki died and the estate was settled. Tax lot 6.1 contains Mrs. Sawicki's residence and that is a single and separate parcel. The applicant is requesting the Board to accept the previous separation of tax lot 4.1 including a lot line change that would increase its size slightly. The applicant is also requesting a lot line change with respect to lot 6.1, the existing residence, to increasing the size of that lot slightly. These lots would be less than 40,000 sf each but the applicant is claiming density would be compensated for via the large farm lot. 12. The two parcels with existing residences will upgrade the existing sewage disposal systems and public water will be replacing two existing private wells. The applicant, Purita, is acquiring all the land from Sawicki except for the two existing residential parcels. Purita intends to develop the two other proposed residential lots. The reminder of the property is farm (vineyard). Punta intends to sell the development rights to the county on 75% of the acreage, presumably through the agricultural program. 13. The two new proposed lots were positioned next to Chardonnay Drive because it was thought that public water had been extended to Chardonnay Drive. The applicant stated that it would be impractical to move the lots closer or adjacent to North Road because there was insufficient frontage and the town prefers to keep the agricultural areas contiguous. 14. The hearing was held open to allow the applicant time to submit test well results. 15. Test well results were received by the Board on October 22, 2004. The test well results revealed Aldicarb at 9.3 micrograms per liter (ug/L), which is greater than the maximum contaminant level (MCL) of 7.0 ug/L. The results also showed 18 ug/L of perchlorate, which is at the action level for perchlorate set by New York State and 9.2 milligrams per liter (mg/L) of nitrate, which is just below the MCL of 10.0 mg/L. Brian L. Harper, M.D.OP.H., Commissioner • Hearing Date: July 8, 2004 Subject: Findings and Recommendations of the Review Board Regarding: SIO-03-0008 —Purita, Frank, s/s/o Sound Avenue, 190 ft. e/o Chablis Path on north and bounded on the south by North Road, Southold—t/o Southold— SCTM: 1000 05100 0300 lots 004001, 004003 and 006001 Determination It was a 3 to 0 determination of the Board to deny the request for the variance to use private drinking water wells on the two proposed building lots. The Suffolk County Sanitary Code and/or the Department's design standards for water supply and sewage disposal are intended to provide a satisfactory water supply as well as to protect surface and groundwater quality. Approval of the requested variance has the potential for resulting in adverse impacts to the future occupants of the lots. Perchlorate is very expensive to treat with any reliability. Granular activated carbon treatment designed for aldicarb is not effective on perchlorate. Both the perchlorate and aldicarb limits at 18 and 7 ppb respectively, have been set for health reasons. As per §760-609 of the Suffolk County Sanitary Code (Sanitary Code), the approval of the variance is not in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. As per §760-609.1.e, granting the proposed variance or waiver would adversely affect the design of an adequate on site water supply, taking into account direction of groundwater flow, and site specific physical conditions. November 22, 2004 Stephe A. Costa, P.E. Chairman—Board of Review • ,Sul& PB _ PATRICIA C. MOORE �� Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 Robert Kassner Margaret Rutkowski Legal Assistant Melissa McGowan Secretaries November 11, 2004 �I Suffolk County Water Authority 4060 Sunrise Highway Ij Oakdale, New York 11769-0901 " Att: John Milazzo Esq. Re : Purita Conservation Subdivision —� SCTM#1000-51-03-4 . 3 Dear Mr. Milazzo: We need your attention with respect to a conservation subdivision which intends to preserve 750 of the agricultural land (2.3 acres) and is presently stalled at the Health Department . The sale of development rights is contingent on subdivision approval of two lots and a reserved lot . We need the SCWA to permit the two lots off of Chardonnay Drive, Southold, to be connected to the water main along Old North Road through the proposed utility easement as shown on the map. I have enclosed a print of the survey. In October 2003 my client, Frank Purita requested a water availability letter and obtained a cost proposal to connect the two lots located off of Chardonnay Drive, Southold, to public water. Mr . Lawrence Anderson responded promptly, however, it was determined that a connection to public water from Old North Road to the two lots along the public roads would cost over $200, 000 . 00 . Due to the prohibitive cost, we sought a variance from the Health Department to provide private wells for the two lots . The water results, however, were not satisfactory (enclosed for your information) and my client is facing Health Department denial of the variance for private wells . The Planning Board supports our application because it preserves agriculture and limits development. However, due to the Health Department regulations, and the cost of extending the water main, the land would need to be developed with a full yield subdivision in order to pay for the extension of the public water . These policies are working against my client' s efforts to preserve the property in agriculture . In order to accomplish this preservation plan we have proposed a utility easement which runs "through" the Purita property (shown in yellow on the map) . This utility access will reduce the cost of connection to public water and enable this plan to proceed. We could either add the utility access to the proposed lots as a "Utility flag" with fee title added to the two lots or more commonly as a utility easement . Consequently, all the lots can be served with public water at an acceptable cost : the water line easement provides access to public water to the 2 clustered lots off Chardonnay Drive, and the third lot with the existing Barns . In addition, the two existing homes retained by the sellers Cicilia Sawicki (SCTM#1000-51-3-4 . 1) and Walter Sawicki (SCTM#1000-51-3- 4 . 3) are to be connected to public water. Although we understand that the SCWA prefers to see "Flag lots" for road frontage adjacent to a water main, however, the Planning Board has approved the location of the lots and specifically requested that the access to Old North Road be limited to utilities (not vehicles) . Given the public policy expressed by the Town and the Water Authority to encourage reduced density, we respectfully request that the Suffolk County Water Authority approve this proposed plan for connection to public water . / Very atric t�ly yours, L-- cc. Mr . Anderson with map/encl Moore Mr. Purita Southold Planning Board ✓ PCM/mr COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES Brian L. Harper, M.D., M.P.H. October 14, 2004 COMMISSIONER Frank Purita c/o Patricia C. Moore 51020 Main Road Southold, NY 11971 Re: Frank Purita test well Private Request #:PR04-0360 Sample location: Test well S-122934T HDRef#: SIO-03-0008 Tax Map # 1000-51-3-4.1 Sample date: 8/10/2004 Dear Mr. Punta: The above referenced well has been sampled and the complete water analysis is enclosed for your review. At the time of sampling the water exceeded the New York State guideline for aldicarb (Temik) and the test well standard for nitrates. Perchlorate was detected at the current NYS action level of 18 ppb (parts per billion). A copy of the completed analysis is being forwarded to Mr. Fitzgerald at our Office of Wastewater Management located at the Riverhead County Center. If you have any questions concerning this analysis, feel free to contact this office. Be sure to have your Private Request# available when making inquiries to this office concerning this water sample. Sinc ely, XIIW ,5usan Reilly Associate Public ealth Sanitarian Bureau of Drinking Water encl.- results OCT 1 9 2604 cc: J. Fitzgerald, SCDHS •DIVISION OF ENVIRONMENTAL QUALITY•OFFICE OF WATER RESOURCES• RIVERHEAD COUNTY CENTER• RIVERHEAD NY 11901 3397 Phone(631)852-1905 Fax(6311852-2092 JV v levo F'L'Z r.ea,,,to,,Y'r Is as,in .7Y.f{V r�.t.1 - WH'r'L x Requestor Name: PURITA C/O PATRICIA C. E Request No. : PRO 4 , Location: OLD NORTH ROAD, SOUTHOLD Sample Date: 08/1 [009 Sample. Location: TESTWELL Sanity[Dane REILLY Treatment: NONE Field No. : 643-468-04-08-10 Notes: '<' symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet Should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCL's not shown below have not been established. Result MCL Result MCL Results for Sample Group: ALDICARB PESTICIDES analyzed by Suffolk County Department of Health Services =- -____'_ Total Al df carb fcai cl...... ............ = 9.300 7.00 ug/L Oxam yl.... < 0.500 50.00 ug/L Aldi<ai b. ..._.... ...... < 0.500 ....................... ...... - - ug/L Carbaryl............. < 0.500 50.00 ug/L lcarb-Sulfrole e.......... .... ....... = 9.500 uq/L 1-Naphthol........... < 0.500 .... ........... ... F. drearb-Sof Eerie ..... ...... ......... 4.800 ug/L Methomyl........................ ...... . < 0.500 50.00 u9/L rarbofuran.... . < D.500 40.00 u /L Pro oxur (Ba < 0.500 50.00 ug/L ....... ...... .. ... . 9 P Y9on) ...... 3-Hyd rozycarboforan.......- < 0.500 50.00 ug/L Methiocarb...... . . .. .. < 0.500 50.00 ug/L ........... ... .. . Results it, Sample Group: CHLORINATED PESTICIDES analyzed zed by Suffolk County Department of Health Services =•_________________ alpha-BHC.......................... .... < 0.200 0.20 u9/L 9.9-DDD.................. ..... ... ... ... < 0.200 50.00 u9/L bets-BHC. ., < 0.200 0.20 ug/L 4,4-DDT < 0.200 50.00 u ................... .. ..... ...... gamma- H (Lindane) ... .. ... < 0.200 0.20 ug/L Endrin. L ... ................. . ....... deka-BHC .... � 2.00 ug/L - -- < 0.200 0.20 ug/L Endrin �Idehydc -.. ... ... < 0.200 50.00 ug/L Heptachlor,... < 0.200 0.90 ug/L Chlordanere........... < 1.000 2.00 ug/L eptac cr epoxide....... .............. < 0.200 0.20 ug/L Alachlor... .... ....-.. .-. < 0.500 2.00 ig/L ............ A dan. . ..... ..... .... ...... ... ... .... < 0.200 50.00 ug/L Methoxychlor...... . ... < 0.200 40.00 ug/L < 0.200 50.00 ug/L Endosulfan II < 0.200 2 00 N/L ErdosulEa 1..... "" -- - ... < 0.200 2.00 ug/L Endosulfan Sulfate ... . . < 0.200 50.00 uq/L a4-DD ............ .......... .... ...... < 0.200 50.00 ug/L 1,2-dibromoe[hane........ .. < 0.020 .1. 4,4-UDE.. .................... .......... < 0.200 50.00 ug/L 1,2-dibromc-3-chloropropane . .. < n OPD 0 05 ug/L Results for Sample Group: DACTHAL PESTICIDES analyzed by Suffolk County Department of Health Services ---__---________ _ _ __ onometnyltet rat hloroterephthala[e..... < 5.000 50.00 ug/L Tetrachl oro terephtha lir acid..... .... < 5.000 50.00 uy/L Results for Sample Group: HERBICIDE METABOLITES analyzed by Suffolk County Department of Health Services = t ea. y atra a ne (G-282]3) ............ < 0.800 50.00 uq/L Metolachlor metabolite (CGA-67125)..... < 0.300 50.00 ug/L Dersopropylatrazine (G-28279)....... ... < 0.200 50.00 ug/L 2-HydroxyAtrazine (G-34048) ............ < 0.300 50.00 ug/L Desethylatrazine (G-30033)-.......... < 0.400 50.00 ug/L Malaoxon........ Imi dacloprid .................. ..... < 0.200 50.00 ug/L ................. ......... < 0.200 50.00 ug/L Trichlorfon............................ < 0.300 50.00 ug/L Alachlor OA (Oxanilic Acid)........... < 0.400 50.00 ug/L Sid uron.............................. Alachlor ESA (Sulfonic Acid)........... < 0.200 50.00 ug/L Dichlorvos....................... ...... < 0.300 50.00 ug/L0.600 50.00 ug/L Metolachlor metabolite (CGA-37]35)..... < 0.200 50.00 .9/L Propamocarb hytlrochlori tle........ ...... < 0.300 50.00 ug/L Metolachlor OA (CGA-51202)-........ g .... = 0.340 50.00 ug/L 2,6-Oichlorobenzamide.................. < 0.500 50.00 uq/L Metolachlor ESA (CGA-354]43) ........... = 0.380 50.00 ug/L Ibuprofen......... ................ .. . .. Metolachlor metabolite (CGA-41638).. ... < 0.300 50.00 ug/L Gemfibrozil.... < 0.200 50.00 ug/L 0.500 50.00 ug/L eco ath or metabolite (CGA-401]2) ..... < 0.300 50.00 ug/L Results for Sample Group: METALS analyzed by Suffolk County Department of Health Services ___________________________________ r ver (Ag)... .. .. ........... < 5.000 100.00 ug/L Lead (Pb) ....... ....... 2.100 15.00 ug/L Aluminum (A1) .......... .. ....... ..... 32.200 Arsenic (As)........................... < 2.000 10.00 ug/L Antimony (Sal ....... ............. ...... < 1.000 6.00 ug/L Barium (Bal.. g/ Selenium (Ge)................... ...... . < 9.000 50.00 ug/L - - = 35.500 2000.00 ugg/L Thorium (Th) ............. ... < 4.000 Beryllium be)).. ........ ...'- - ug/L �����............ < 1.000 9.00 u /L Titanium (Ti) ............. 6.700 ug/L Cadmium (Cd).......... ` < 1.000 5.00 ug/L Thallium (T1)............ .... 0.500 2.00 ug/L Cobalt (Col. ... < 1.000 ug/L VanadiumV Chromium (Cr) 41 1 .... ... 1.000.. .... .... . .. . .. < ug/L Copper (Cul... ' '........-............. = .000 100.00 ug/L Zinc (Zn) .................... 50.000 5000.00 ug/L ......... ................ 4.200 1300.00 ug/L Iron (Fe)... ...... -... .. ... . .. ..... ........ . .. . .. _ Mercury IHq) ... 0.140 0.30 mq/L -.......... < 0.900 2.00 ug/L Sodium (Nal .................. ..... ... 22.800 270.00 mg/L Manganese II(Me). ...................... = 0.020 0.30 mg/L Potassium................ ....... Molybdenum IMcI.... < = 2.500 mg/L - - 7.000 ug/L Calcium. ......................... ...... . 91.100 mg/L Ni cY.el (Ni)............................ _ ].100 100.00 ug/L Magnesium.............................. - 29.300 mg/L -__-= Results for Sample Group: PERCHLORATE analyzed by Suffolk County Department of Health Services Perlhlorate ........ '-"'�-��������-��� 18.000 18.00 ug/L ____= Results for Sample Grano: RADIOLOGICAL analyzed by Suffolk County Department of Health Services - - Gross alpha E. < 1.600 15.00 C/L Tritium............... < 200.000 20000 pC/L Gross beta -......... ........... ... ... --�"'��� � 1.600 50.00 pC/L ____= Pesults for Sample Group: STANDARD INORGANICS analyzed by Suffolk County Department of Health Services pH-Lab... ... -" -- - .... 6.700 su Nitrite N0. .. SP"cific Sonducti vit/-Lab. ......... .... = 609.000Nitrate... 1 )�'"'" "'"" < 0.020 1.00 mg/L clLoride IC'I um/cm Ni[rate..... .. ........ ......... .. ... ... - 9.200 10.00 mg/L '- = 50.000 250.00 mq/L Bromide. ... .............. ............ . . < 0.500 mq/L out ate IS04) . . ......... . ... . ...... 137.000 250.00 mq/t Orthophosphate.. ............ .. < 0.200 mg/L 9rzunonis (NH3-NI .---.. --- -- -- < 0.020 mq/L Fluoride.... ... < 0.200 1.10 mg/L RESULTS CO11TINUED ON NEXT PAGE � JV kV ITV VIJ'r'Y llCYHtt'1'Mk:ry'l' VY [I}:/{yltl JEKvrI.i:J WH'1G Yy1J Requester Name: PURITA 2/0 PATRICIA C. .E Request No. : PRO 0 Locaiioni OLD NORTH ROAD, SOUTHOLD Sample Date: OB/ 009 Sample Location: TESTWELL Sanitarian: REILLY Treatment: NONE Field No. : 643-468-09-08-10 Notes: '<' symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L - micrograms per liter. - symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCL's not shown below have not been established. Result MCL Result MCL RESULTS CONTINUED FROM PRECEDING PAGE __= Results for Sample Group: SEMI-VOLATILE ORGANICS analyzed by Suffolk County Department of Health Services = ezac orocyclopentatli ene......... ..... < 1.000 50.00 ug/L Pi pe mnyl butoxide............ .... ..... < 0.500 50.00 ug/L Dacthsl. ..................... .......... < 0.200 50.00 ug/L Azoxystrobin...... ..................... < 0.500 50.00 uq/1 Ftrazine. ......... .. ................... < 0.200 3.00 ug/L Eadosulfan Sulfate... .................. < 0.200 50.00 ug/L 315(2-ethylhexyl)phthalate... .......... < 2.000 6.00 ug/L Cypermethrin........................... < 0.500 50.00 ug/L Propachlor.............. ............... < 0.200 ug/L Dated IDibrem).. ............ .. ......... < P 0.200 50.00 mg/l, ........ < 0.500 ug/L Chlordane.............................. < 1.000 50.00 ug/L ................... Tebuthiuwn......... .. ................. < 0.500 50.00 ug/L Butylated hydroxyaniscle.......... ..... < 0-500 50.00 ei/L Ethofumesate........................... < 0.200 50.00 ug/L . ........ Chrysene........ .......... ... ...so enphos... .. .. . .. ... .... < 0.200 50.00 ug/L< 0.500 50.00 ug/L Indeno(1,2,7-cd)Pyrene................. < 0.200 50.00 ug/L Benfluralin............................ < 0.500 50.00 uq/L Dibut 1 Phthalate... ... .......... 1.000 50.00 ug/L Y ....- `✓odofenolin............. ............... 0.500 50.00 ug/L Benzyl butyl phthalate.............. < -.. 0.200 50.00 u9/' Iodofenphos......... .. ..... ....... .. ... < 0.200 50.00 ug/L Acenaphthylene....... .................. < 0.200 50.00 u /L EPTC... . . .................. ............ < 0.200 50.00 ug/L Phenanthrene. ......... < 0.200 50.00 ug/L . . ............... er acc ................ ............... < 0.500 50.00 ug/L Pyrene........diene.... ....... ......... < 0.500 50.00 u9/L Napropamide......... .............. ..... < 0.200.. . 50.00 ug/L Hexachlombutadiene.................... < 0.200 5.00 ug/L Dichlorbenil........ .. ... ........... < 0.200 50.00 ug/L Hexachlorobenzene...... ................ < 0.200 1.OD uo/L Sumithrin................... .......... < 0.200 50.00 ug/L Butachlor.............. ................ < 0.200 Methyl parathion.... .. ......... .......� < 50.00 vg/L 0.200 50.00 uq/L Metribuzin...... ............... < 0-200 50.00 ua/L Dieldrin....... -... ' .. '- < 0.200 50.00 ug/L Denzo(a)pyrene... ...... .... ............ 0.200 0.20 u,/[, Caffeine............ ........... ....... < 0.500 50.00 ug/L Diazinon........ .. < 0.200 q/L Dichlorvos........................ ..... < 0.500 50.00 ug/L Pen[achlorobenzene... ....... ..... < G.20G Methoxychlor...... 50.00 uq/L ............. < 0.200 50.00 uq/L Ace[ochlor... .... .... .. .. .. < 0,200 SO.OD u9/L Benzophenone.... ' - - ...... ... ..... Chloroxylenol. < 0.200 50.00 ug/l, PY Chlor ri hos.......... ....... < 0.200 50.00 uq/L <......... ........ 0.200 50.00 ug/L Trifluralin..... ..... . < 0.500 50.00 9/L n ._c osan ........................... < 0.200 50.00 ug/L Chlorothalonil......... ................ < 1.000 50.00 uq/L Benzo(A)Anthracene..................... < 0.500 50.00 ug/L Pe ndime[halm.......................... < 0.200 5.00 uq/L Benzo(K)Fluoranthene................... < 0.200 50.00 uq/L Permethrin........... .................. < 0.200 50.00 ug/L Benzn(GHI)Perylene..................... < 0.200 50.00 ug/L Dinoseb.......... ..... ...-...... < 0.500 7.00 ug/L Diethyl phthalate............ .... < 1.000 50.00 ug/L Di sulfoton sulfone..................... < 0.200 50.00 ug/L NaPht halene............................ < 0.200 50.00 ug/L Bloc................. .................. < 0.200 50.00 ug/L Fluorene.................. < 0.200 50.00 ug/L Resmethrin............. ................ < 0.200 50.00 uq/L Fluora nthene.rope...................... < 0.200 50.00 ug/L Ethyl Parathion........................ < 0.200 50.00 ug/L 1,2,4 Triohloro......e............ ..... < 0.200 5.00 uq/L Propi conazole (Tilt) ................... < 0.200 50.00 ug/L Carbazole.............................. < 0.200 50.00 ug/L Allethrin.............. ................ 0.200 50.00 ug/L Metolachlor........................ < 0.200 50.00 ug/L Deltamethrin........................... < 0.500 50.00 ug/L Simazine............................... < 0.200 4.00 ug/L Prometryne............. 0.200 50.00 ug/L Bis(2-ethylhexylladipate............. < 0.500 400.00 ug/L Diethyltoluamide (DEET) .............. < 0.200 50.00 ug/L Alachlor.. ........................... < 0.200 2.00 u /L Bromacil... 9 Chlorofenvinphos..... .................. < 0.200 50.00 uq/L < 0.500 ug/L Carisoprodol........... .. Metalaxyl..... < 0.200 50.00 ug/L -' - ..'- " < 0.200 50.00 ug/L Butylated hydroxytoluene.... ....... .... Disulfotou.......' < 0.500 50.00 ug/I, Benzo(B)Fluoranthene..... .............. < 0.200 50.00 uq/L ................ ..... 50.00 ug/L Malathion.,.......... .................. < D.500 50.00 uq/L Dibenzo(A,H)Acthracene. ................ 0.200 50.00 ug/L Cyfluthrin........ ............ < 0.200 50.00 ug/L Dimethyl phthalate... .............. .... 0.200 50.00 Pentachloronitrobenzene...... .......... < 0.200 50.00 ug/L Dioctyl Phthalate...... ................ < 0.200 50.00 ug/L Triadimefon.................... < 0.500 - .........."............ < 50.00 ug/L Acenaphthene. ...... . .. ... ..... ...... . < 0.200 50.00 ug/L1prodione.... < 0.500 50.00 ug/L An[hracene....... ... ...... <Terbufos... " " " " 0.500 50.00 g/L 0.200 50.00 ug/L Carbamazepine. ..... Cyanazine..-... " .. < 0.200 50.00 ug/L "�'�"��"�"-��� < 0.200 50.00 ug/L Nexachloroe[hane. . ... ..... _ tes i ....._ < 1.000 5. Ke thane.......... < 0.500 50.00 a /L 4 Metabolites ICalcl... < 0.000 4.00 uq/L �� �-� ��� " "" 9 Total Triazines Methap re nee.................... ....... < 0.200 50.00 uq/L =___= Results for Sample Group: SURFACTANTS analyzed by Suffolk County Department of Health Services =___------___----_ Surfacrants-MEAS.. --'----------____--- .................... < 0.100 mg/L RESULTS CONTINUED ON NEXT PAGE. .-- ' J k IVVIV'1'Y UCYHI('1MC N-1' VF tlG.yL'1'tl JC3(V 1l:CJ - WN'1'Cn HN�LY JIJ Requestor Name: PORITA C/O PATRICIA Ce. ,E Request No. : PRO Location: .OLD NORTH ROAD, SOUTHOLD Sample Date: OB/1004 Sample-Local ion: TESTWE�L Treatment: NONE Sanitarian: REILLY Field No. : 643-468-04-08-10 Notes: '<' symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. . symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel rs a proposed limit. Any MCL's no[ shown below have not been established. Result MCL Result MCL RESULTS CONTINUED FROM PRECF_DING PAGE Results for Sample Group: VOLATILE ORGANICS analyzed by Suffolk County Department of Health Services __ Chlororlifluoromethane.. .... -------__-- < 0.500 5.00 ug/L Benzene.... Dichlorotlifluoromethane """ "- " ... c 0.500 5 OU uq/L 0.500 5.00 ug/L Toluene... .... . Chloroethane.. _ -" c 0.500 5.00 u ... ....... .. Bromometr,ane.. -' c ,500 5.00 uq/L Chi orobhnaue ..... -. ... < 0.500 5.00 g/L --� 0.500 5.00 uq/L Ethyl benzene. - < 0.500 g/L Chlorom rflur rc ._.... 5.00 vg/L < 0.500 5.00 u " Trichlcrof luorome[ha e g/L o-Xylene... .. ........ .. < 0.500 5.00 ' - < 0.500 5.00 ug/L m-%ylene..... °g ` Vinyl Chloride....... - "'--.. . .... ....-.. < 0.500 5.00 •�,/L .................. 0.500 2.00 ug/f, p-Xylene..... . Methylene Chloride......, < ...... < 0.500 5.00 nq/L 0.500 5.00 ug/L Total Xylenes.......... 1,1 Di chloroethane...... < 0.500 5.00 u """" < 0.500 5.00 ug/L ........ .. g/L 2-Chl aro toluene............. [cans 1,2 Dichloroethene....... ' - ... < 0.500 5.00 ug/L < 0.500 5.00 ug/L 3-Chlorotoluene............ Chloroform..-.. < 0.500 80.00 u /L < 0.500 5.00 ug/L ................. "'" 9 9-Chloro toluene........... 1,2 pi chloroethane........... < 0.500 5.00 u /L < 0.500 5.00 ug/L .......... 9 Diethyl Ether.......................... 1,1,1 Trichloroethane.................. < 0.500 5.00 u /L 0.500 50.00 ug/L Carbon Tetrachloride. g Ethylo nitrile.......................... < 0.500 5.00 ug/L ' < 0.500 5.00 ug/L Ethyl Methacr late................. 1-Bromo-2-Chloroethane...... y e .... < 0.500 50.00 ug/L .. < 0.500 5.00 uq/L T. Chlorotoluene...... 1,2 hloroethene..ne...... .. .'....... ..... < 0.500 5.00 uq/L "���'�"����� < 0.500 5.00 ug/L 1,3,5 Trimeth Trichloroethene....... ylbeezene................. 0.500 5.00 ug/1, � < 0.500 5.00 ug/L 1,2,4 Trimeth yl benzene.. ............. Chlorotlib mmome[hane....... < 0.500 80.00 u /L 0.500 5.00 iq/L m 9 ,p-Di U lorcben ze ne........ 2-B1om1-l-Ch1orop1opa ne . .......... < 0.500 5.00 u /L """"'��- < 0.500 5.00 uq/1 - 9 1,2 Dichlorobenzene Bromoform...... < 0.500 80.00 u /L (o)' ""..'"" 0.500 5.00 ug/L Te[rachloroet he ne......... 9 p-DLethylbenzene.. be.. e... < 0.500 5.00 ug/L < 0.500 ............ ' 5.00 ug/L 1,2,4,5 Tetramobetzeen zone............. < 0.500 5.00 cis-1.2-Di chlorcechene.......-. < 0.500 5.00 ug/L 1,2,9 Trichlorobenzene............. ug/L Freon 113... < 0.500 5.00 ug/L 1,2,3 Trichlorobenzene.. ........ < 0.500 5.00 uq/L Dibromomethane.. c 0.500 5.00 u /L -.... < 0.500 5.00 ug/L - """' 9 Ethenylbenzene (Styrene) 1,1 Di chloropropstate.. < 0.500 5.00 u /Lenzene ............. .. < 0.500 5.p0 uq/L 9 Isoproplbenzene......... ............... < 0.500 5.00 ug/L Methyl isothiocyanate........ .. ... < 2.000 50.00 u /L "'" 9 telt-Bn-Propylbenzene............ Carbon Disulfide...-... c 0.500 " < 0.500 5.00 ug/L -'"'""" ug/L cert-But lbe ozone.. Methyl Meth acrylate.................... < y ..... ..... .......... < 0.500 5.00 ug/L 0.500 50.00 ug/L sec-Butylben ze ne........... n-Propane meth... < 2.000 50.00 u /L ......." < 0.500 5.00 ug/L 9 p-Isopropyltoluene...... ............... < I,1 Dichloroethene....... 0.500 5.00 ug/L ............. < .Soo 5.00 ug/L n-Butyl benzene............. Brom Duchloomrdpehee.." < 0.500 80.00 u /L < 0.500 5.00 ug/L � � " " 9 Hexachlorobuta diene..... ..... . 2,3 Di chl oroprope ne.... . < 0.500 5.00 ug/L '...'.'- < 0.500 5.00 ug/L Methyl-Tere.Butyl.Ether (MTBE) .... cis-1,3-Dichloroprope ne................ < 0.500 < 0.500 10.00 uq/L trans-1,3-D1chlO1op1Opene.......... < uq/L Naphthalene. < 0.500 50.00 ug/L 0.500 5.00 u """"" 9/L 1,9-Dichlorobu Cane............ 1,1,2 Trietracoechane.................. < 0.500 5.00 uq/L Methyl Sulfide.......... .......... < 0.500 5.00 uq/L 1,1,1,2 Tetrachloroethane............ c 0.500 5.00 u /L ..'.. < 0.500 50.00 ug/L 1,1,2,2-Tetrachloroethane............. < g Dimeobenzesulfide...................... < 0.500 50.00 ug/L 1,2,3 Trichloropropane...... 0.500 5.00 ug/L Bromobenzene....... . < 0.500 5.00 u /L '... .""........... < 0.500 5.00 uq/L � � ����"'"' 9 2-Bu[anone MEK 2,2 Dichlorop ropane........ (NEE) .......... = 39.000 50.00 ug/L ���'....... < 0.500 5.00 u /L 1,3 Dichloropropane g Tetrahchloride n......... ............... < 20.000 50.00 uq/L -"""�"...'�"��� < 0.500 5.00 ug/L Allyl chloride.......... Bromochloromethane..................... c 0.500 5.00 u /L .......... 0.500 5.00 ug/L Cert-Butyl-Ethyl-Ether....... .......... < 0.500 50.00 ug/L Methacrylonitrile....... ............... < 0.500 5.00 ug/L tort-Amyl-Methyl-Ether....... g d-Limone ne............................. < 0.500 50.00 ug/L '���"� < 0.500 50.00 ug/L PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 October 28, 2004 Southold Town Planning Board Town Hall _ 53095 Main Road U , P.O.Box 1179 Southold, NY 11971 (BY HAND) Re: Conservation Subdivision -- — SCTM#1000-51-03-4.3 Dear Mrs. Woodhouse: Enclosed please find revised subdivision maps for your review and approval. After the original proposed lots were staked in the field, the proposed lots #I and#2 were redesigned to reduce the encroachment on the agricultural use of the property. This reconfiguration of the lots is preferred by the applicant. This application has been awaiting Health Department approval. The Health Department had insisted on connection to public water for lots 1 and 2. An extension of the water line for these lots was estimated at over $200,000.00. Therefore, we requested a variance from this requirement from the Board of Review (Health Department Reference Number S10-03-0008). However, the water test came back with Temik,Nitrates and Percholate. These chemicals can be easily filtered and with filters do not present a health risk. Nonetheless, a deeper well will be sampled. We have been advised that "Conservation Subdivisions" are favored by the Town, and the Town had negotiated expedited review with the Health Department, however,we are finding that the Health Department disregards this"agreement". We applied for a water test on July 11, 2004, the Health Department came out to test the water on August 10, 2004 and we finally received the results on October 14, 2004. We now face a re-testing due to deepening of the well. In the mean time the price of 1 J the development rights is stale(undervalued). The seller, Sawicki, is understandably furious that this process has taken so long. If the Planning Board and Land preservation is committed to the sale of development rights program then more has to be done with bringing the Health Department around to the goal of preservation. We ask for your support and advocacy. Very trujy yours, L cc: Mr. Purita Patricia C. Moore I PATRICIA C. MOORE, ATTORNEY Af LAW 51020 Main Road, Southold, NY 11971 (63-1) 765-4330 i � DATE TO + �G'L�C t'�C��t SUBJECT SIGNED ��, I I o0 m "C14ARDONNAY WOODS AT SOUTHOLD- p a FILED SEPT. 28, 1989 FILE NO. 8822 N 511 p O ; E Z Cx b O 9LIs A OPEN SPACE B a p 'qp?T VACANT I �. ly b H 42 NO WELLS OR CE53P00I,5 WITMN� K l30'OE LOTS l 6 2 I 1 K K 2 v p N/0/F K K x K N133'70"E K - K 1047.02' OPEN SPACE A K K OL O JOAN & JOHN G "c'UNOs ;-� --- -- JJN1'48'86"E 692.86' CALLAHANO� ❑_ -323_'9 I y =N w '992 b-11 o C 15 O\ J m a p I IN3'S630"E 170.00 ' -------- � - - a rn O2 ni .v"y a -p n cq rn M 38 30-E. 16/J6' 174.24*.- C 174.24'. O n O °� 'mC^❑ l 3310 E ny48.48 n -- --------------- --- w C i� IUo PROISP3OR5TI---- -LIN- S3'S6'30'W ps' - _.. NNpn 'iaYie s s7 1 � ------------ 170 N W� _ < , J LO _ _W __ ____ - _ -m _ ___6'30' ______ ..— 03 -- - _ EX/S __L --------------------- ----- -------- 0 o z o0o N m imp Elm �k "' a m m0 u°� a T—.,* p - 100l9-51-03-4.1 p o b+ - 1 148.77" s 0"w. J i i , i E I1NG LOr LINE F�-{C /99/.2q'1.24. ° gc /630.56' ______-___: 8 � 1744.00' n i� ° _ "W L.DBERRY FIELDS" PLANNING BOARD MEMBERS \OSUFff7f,('CO BENNETT ORLOWSKI,JR. O�� Qy� P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 COD Southold, New York 11971-0959 WILLIAM RICHARD J. CREM NO S 0-0 � Telephone (631) 765-1938 KENNETH L EDWARDS Fax (631) 765-3136 MARTIN H.SIDOR 'J'�� �a�`� PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 9, 2003 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Minor Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR 48 and s/o Sound View Ave. in Southold SCTM#1000-51-3-4.3 Zone: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, December 8, 2003, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Rights Sale, a 2.28 acre building envelope and a 148.68 x 65.00 foot building envelope in the north of the parcel for a barn structure; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23± acres); and WHEREAS, that the Southold Town Planning Board granted conditional sketch plan approval on the maps, dated as revised August 4, 2003, subject to the following conditions: 1. The 2.28 acre building envelope is located adjacent to County Road 48. No access or curb cut is shown on the plat to the building envelope. Please show access to the building envelope. A permit will be required from the Suffolk County Department of Public Works; and WHEREAS, in an October 20, 2003 letter, the applicant's agent has verified that the proposed 2.8 acre building envelope located upon the property will access Old North Road, a Town Road, and no improvements are proposed along a County Road; therefore be it Purita Minor Subdivision — Page Two — 12/9/03 RESOLVED, that the Planning Board rescind Condition Number 1 as stated in the October 15, 2003 resolution. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Melissa Spiro, Land Preservation Coordinator PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 October 20, 2003 D Bennett Orlowski, Jr., Chairman D Southold Town Planning Board tNOVI003 Town Hall 53095 Main Road Southold Town P.O.Box 1179 1Planning8oarn Southold, NY 11971 (BY HAND) Re: Conservation Subdivision SCTM#1000-51-03-4.3 Dear Mr. Orlowski: Thank you for the resolution dated October 15, 2003 granting sketch plan approval for the above referenced subdivision. Pursuant to item#2 of the resolution enclosed is an authorization form for your file, I apologize for my oversight. I have confirmed with the County of Suffolk that they do not have a CR 27 in Southold. and I have asked the surveyor to correct the map. The 2.8 acre parcel fronts Old North Road, a Town Road, and there will be no improvements along the County Road. In addition, the Sawicki lot line change requires no improvements along the County Road. I would respectfully request that you amend your resolution to eliminate condition #1. I have requested from the surveyor the proper labeling of this map as a minor subdivision and will submit it immediately upon my receipt. Very truly yours, Patricia C. Moore cc: Mr. Purita PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries Authorization Letter Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 Re: minor subdivision- Purita SCTM#1000-51-3-4.3 I Frank Puita,as Contract Vendees of the above referenced property authorize my attorney,Patricia C. Moore to act as my agent and handle all necessary work involved in the subdivision process with the Southold Town Planning Board, and any other involved agencies. Signature:_ Frank Purita Sworn-before. is 5 day of NQU , 20(� N p "ictA e.MOORE Notary Public, State of New York Suffolk County-No.4861666/ Commission Expires June 16, UU_.� PLANNING BOARD MEMBERS �OgUFFO(,�co BENNETT ORLOWSKI,JR. �0 Q P.O. Box 1179 Chairmano y� Town Hall, 53095 State Route 25 CA J. CREM R WILLIAM S Southold, New York 11971-0959 RICHARD • Telephone (631) 765-1938 KENNETH L EDWARDS O Fax (631) 765-3136 MARTIN H.SIDORd,��l p! PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 15, 2003 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Minor Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR 48 and s/o Sound View Ave. in Southold SCTM#1000-51-3-4.3 Zone: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Tuesday, October 14, 2003, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Rights Sale, a 2.28 acre building envelope and a 148.68 x 65.00 foot building envelope in the north of the parcel for a barn structure; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23± acres); and WHEREAS, the action, as submitted, meets the 75% preservation threshold as specified in Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No. 13 of 2003; and WHEREAS, on September 8, 2003, the Southold Town Planning Board acting under the State Environmental Quality Review Act, established itself as lead agency, and as lead agency issued a Negative Declaration for the proposed action; therefore, be it RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the maps, dated as revised August 4, 2003, subject to the following conditions: I Purita — Page Two — 10/15/03 1. The 2.28 acre building envelope is located adjacent to County Road 48. No access or curb cut is shown on the plat to the building envelope. Please show access to the building envelope. A permit will be required from the Suffolk County Department of Public Works. 2. There is no record in the file of the applicant appointing you as his agent. Please submit an authorized letter stating such. 3. The plat is titled "Lot Line Change for Frank Purita..." Please amend the plat title to read "Minor Subdivision of Frank Purita". Sketch plan approval is conditional upon meeting the conditions and the submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, six (6) paper prints and two (2) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $5,000 ($10,000 per vacant lot in the subdivision). Payment is required prior to the final endorsement of the map. Once we are in receipt of the above requested information, the application will be scheduled for an upcoming Work Session. Very truly yours, Bennett Orlowski, Jr. Chairman encl. cc: Melissa Spiro, Land Preservation Coordinator Sep 15 03 03: 13p Nogre Lew Office 6317654643 p, l PATRICIA C. IVIOORE Attorney at Law 5102G .Main Road SOutFnld, N Iew yuck 11071 Tel: (631) 765-3330 Fax: (631) 765-4643 _ACSIM_ILE COVER SHEn'= The pages comprising ti is fac.-3,-mi le trar-smission contain confidential lntorr.ation from Patr'_cia Mcore. This into=ation is intended solely for use 'Dy the _ndividual enti_y named as the recipient hereof . If you ai•� not thA intended recipient, be aware that any disclosure, copy—i3 distribution, or use cf the contents of this transmission i s ;,r caibited. If you ha,rf.. received this tra:.sn_ssin:-: i_, e.ror, pica, e _:otify vs by =elepti nt i rmeci.ately so 'Are may rraynyc�e to retrieve _'.s tra* slnissicn �_t .:o :cst to you. T0: YGC.f /✓/OOf-(' RE: u4t.fct _ DATE: TOTAL YLTMER OF PAGES 1:•iCL'JDI7dG COVc-P SHEET TF' TRANSMTSSTOV TS FATJL,T:' CR I'L^_OMPLE E, PLEASE C,\_L BAC:' _aS SOON AS PCSSIBLE. C:.IEN'-" ISP�1E: DP RA`?'OR: � D Southold Town Planning Board Sep 1.5 02 �j3: -p Moore Law Office 631',654643 p. 3 int PATRICIA C. b100RE L AU6 - 6 iI Attorney at Law 51020 Mair.Road S.C.DIVISION OF TATE Southold,New York 11971 MMINI Tel: (631)765-4330 Fax:(631)765-4643 Mwgaret Rutkowski Meii,m McGowan Secretaries August. S , 2003 Ms. Ch:-.- st.r,_- Ccstigan Dirocto. cf -teal Estate Count, of Suffolk P.O.Box 6100 Haupp,v,ge, TNT-Y 11.788-0099 Re: P ,.rita sale of Development Rights w i c k i Parr, ,CO-51 03-4 . 3 Dea_: M; . Ccctigan: tr accordance w.rth our telephone conversation. enc used please f_nd 1 map prepared by Peconic Surveyors r'a-ed Dlcve:rioer 6, 2002, and last amended August 4 , 2003 . My client , Mr. Purita, has a contract with the County for the .-_e of development rights for 21+/- acres cf the agric'ultu__a.ilard. Mr. Purita intends to continue to farm phis lan,. and wishes to be assured that he can locate an :aricultur<<l building alono the north end of the - ropers y wh._ie we recognize that the County Law allows agricul _arll cu=ildings on land where development rights ' ave peen sold, my client would prefer to provide for a ­C F1 l opment rights building envelope for the plaeerr.a,t of the acricultural building. The surveyor has :alert- °ied the area ( 60 feet from Sound View Avenue and G3 x 148 . =8 for placement of the agriculture' building or cal. .dings. ,,e would ask that you review , and, approve our request. Ver c . . fatricia C. Mcore e-c Fran., Purita Sep 15 02 03: 1.4p Moe Law Office 631.7654043 p. 2 COUNTY OF SUFFOLK ,4W* 11 ROBERT J.GAFFNEY SUFFOLK COUNT'EXECUTIVE CHRISTINE D.COSTIGAN DEPARTMENT OF PLANNING DIVISION DIRECTOR DI V IS,ON OF REAL ESTATE (631)853-5928 August 18, 2003 Patricia C. Moore Attorney at law 51020 Main Road Southold, NY 11971 Re: Purita sale of Development Rights Sawick! Farm 1000-51-03-4.3 Dear Ms. Moore: In response to your leT.ter of August 5, 2003, 1 can advise you that the County agrees that the area appulenant to the development rights to by purchased oy the County will not include the 65 x 148.68 section indicated on the map (Peconic Land Surveyors Nov. 6, 2002, revised August 4, 2003)attached to your letter. I understand Mr. Punta chooses to retain this plot for hip own purposes, unfettered by development rights restrictions. Yours truly, C) �.ti; s� 01 CDC:ct i' AUG 2 2 2063 LOCATION MAILNC AUDRES i FA LEE 00NISON BLDG. PO.00h Et 00 16911838-6800 I DO VETERAN!MEMORIAL F.G-AWAY + i-AUPPAUGL." 11]88-0088 + TELECOPIER (631/8686805 TELECOPER (6811853.8806 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ID Part 1 ®Part 2 ®Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: FA. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. 17 B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Minor Subdivision of Frank Purita Name of Action Town of Southold Planning Board Name of Lead Agency Bennett Orlowski Chairman Print or Type Name of Responsible Officer in Le Agency Title of Responsible Officer Signature of Responsible Officer in Lead Age Sig ure of Preparer If differe rom r onsible officer) Septem er 8,2003 website Date Page 1 of 21 PLANNING BOARD MEMBERSo • BENNETT ORLOWSKI,JR. ,r� �j P.O. Box 1179 Chairman C �� Town Hall, 53095 State Route 25 RICHARD CAGGIANO H Z Southold, New York 11971-0959 ' P11 Telephone (631) 765-1938 WILLIAM EDWAR S KENNETHL O Fax(631) 765-3136 MARTIN HEDDWO DS y�ol dap! PLANNING BOARD OFFICE September 9, 2003 TOWN OF SOUTHOLD Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 RE: Proposed Minor Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR 48 and s/o Sound View Ave. in Southold SCTM#1000-51-3-4.3 Zone: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, September 8, 2003, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Rights Sale and a 2.5083 acre building envelope; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23+ acres); and WHEREAS, the action, as submitted, meets the 75% preservation threshold as specified in Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No. 13 of 2003; therefore, be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. PLANNING BOARD MEMBERS gpFFO(,� BENNETT ORLOWSKI,JR. ��� COG P.O. Box 1179 Chairman C Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 WILLIAM J.. C RICHARD REM NO v, • Telephone (631) 765-1938 KENNETH L. EDWAR SDS O Fax (631) 765-3136 MARTIN HESDOR 'J'�Ol �aO`' PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant September 8, 2003 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 Minor Subdivision of Frank Purita SCTM#: SCTM#s 1000-51-3-4.3 Zoning District: A-C Location: Located n/o the intersection of Old North Road & CR 48 and s/o Sound View Avenue in Southold SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Rights Sale and a 2.28 (amended August 4, 2003) acre building envelope. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. A .84 acre freshwater wetland exists on site just south of the proposed lot location, however due to SEQR Negative Declaration - Page Two the distance from the proposed action, no significant impact will occur. No construction is proposed within 100 feet of the freshwater wetlands. The Town of Southold Town Trustees issued a letter of non-jurisdiction on August 27, 2003. The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality (residential use) or quantity (indicated as 600 g.p.d.), traffic or noise levels will occur; nor will there be a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems as a result of this action. No significant removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources will occur. The proposed action is not adjacent to a Critical Environmental Area as designated pursuant to subdivision 617.14(g). The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of any known important historical, archaeological, architectural, or aesthetic resources or existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. SEQR Negative Declaration - Page Three For Further Information: Contact Person: Mark Terry, Senior Environmental Planner Address: Planning Board Telephone Number: (631) 765-1938 Enc. cc: Sheri Aicher, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant gOFFO(,� Albert J. Krupski, President 0�� C� Town Hall James King,Vice-President =Z' Gy� 53095 Route 25 Artie Foster coP.O. Box 1179 Ken Poliwoda Z Southold, New York 11971-0959 Peggy A. Dickerson Telephone (631) 765-1892 Ol �a Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Mark Terry, Senior Environmental Planner FROM: Board of Trustees DATE: August 27, 2003 RE: Proposed Minor Subdivision of Frank Purita SCTM91000-51-3-4.3 The Southold Town Board of Trustees has reviewed the survey last dated June 20, 2003 prepared by John T. Metzer and determined the proposed minor subdivision to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code. However, if the dirt farm road is improved, any activity within 100' of a Wetland line would require permits from this office. PLANNING BOARD MEMBERS �gUFFO(,�c BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman = Town Hall, 53095 State Route 25 o Southold, New York 11971-0959 RICHARD CAGGIANO WTelephone (631) 765-1938 KENNETH L.WILLIAM J. EDWAR SDS Fax (631) 765-3136 MARTIN H. SIIDOROy�O,( �aQ� PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 28, 2003 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: Minor Subdivision of Frank Purita Hamlet/Locality: Southold S.C.D.P.W. Topo No.: See plat Zoning: A-C S.C. Tax Map No.: 1000- 51-3-4.3 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 Plan (1) Other materials (specify and give number of copies) 1. One copy of Environmental Assessment Form. Waiver of Subdivision Requirements - See attached sheet Referral Criteria: The property is located n/o and within 500 feet of the Long Island Sound and County Road 48. t Page 2 Southold Town Planning Board Referral SEQRA STATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A ( ) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. NO SEAR DETERMINATION HAS BEEN ISSUED 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 proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Right Sale and a 2.5083 acre building envelope. Access to the Lot 1 and 2 is proposed from Chardonnay Drive. The fate of the existing north/south farm road has not been determined. We request acknowledgement of receipt of this referral ( X ) Yes ( ) No Referral received 2003 by the Suffolk County Planning Commission and assigned File No. Sincerely, Bennett Orlowski, Jr. (12� Chairman SPART 1 —PROJECT INFORMAT$N Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered, as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAT will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance NAME OF ACTION f=n //Yo t2 S 0/S D I v/s LOCATION OF ACTION (Include Street Address, Municipality and County! 4-1wo 6c7i4/EfA/ C;� X27 D S6VA10 V/E1%* AVJ:: NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE ADDRESS /y,,� 50(/A/1> ✓1/a—T't/ //VE CITYIPO "TATE ZIP CODE uDU/—YY/'C_t� //97f BUSINESS NAME OF OWNER(If different) TELEPHONE _ 14 L-0 /fvg 5 I,GK 67/0/ �o /GFl/� N/rC J�flj Z`l� ' tl�S 3 ADDRESS 6 x . / Ll CITY/PO /111 7T/r?.)c je STATE ZIP CODE DESCRIPTION OF ACTION 1-� C U ��S . �6 �sr//vc 2 10>� :� 7, V073) 5`V"3, tc'r jL Gcsi Lind c%79yVcE all S.yiUic�, �y Sc.79R9T£ /1fPLfe. Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use. ❑Urban [Industrial ❑Commercial Residential (suburban) ❑Rural (non-farm) ❑Forest Agriculture ❑Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) Iry Sf acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) Z U acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) t� acres -_ °(,(�_ acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres _ acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? .`i3sVby LoPfvi� a. Soil drainage: ]Well drained _ t�� % of site ❑Moderately well drained % of site ❑Poorly drained 2 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? ZU% acres. (See 1 NYCRR 370). It 4. Are there bedrock outcroppings on project site? ❑Yes )QNo a. What is depth to bedrock? (in feet) 2 • 2. How much natural material (rock, earth, etc) will be removed from Itee _ U tons/cubic yards 3. Will disturbed areas be reclaimed? Oycs ❑No &N/A a. If yes, for what intend_.. purpose is the site being reclaimed? L. Will topsoil be stockpiled for reclamation? Dyes ❑No c. Will upper subsoil be stockpiled for reclamation? Dyes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes 1 'No 6. If single phase project: Anticipated period of construction Imo. months, (including demolition). 7. If multi-phased: rJ(A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month _ year, (including demolition). c Approximate completion date of final phase month _ year. d. Is phase 1 functionally dependent on subsequent pphxha''ses? []Yes ❑No 8. Will blasting occur during construction? []YesVmo 9. Number of jobs generated: during construction ; after project is complete -y 10. Number of jobs eliminated by this project (:J 11. Will project require relocation of any projects or facilities? Dyes o If yes, explain 12. Is surface liquid waste disposal involved? L les N0 a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ?�Yes ❑No Type .5/3,w iT0 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes K14 c, Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes ;5-No 16. Will the project generate solid waste? 119Ye5 ❑No a. If yes, what is the amount per month _1­8 JP tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑No c. If yes, give name ; location _ d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes )ZINo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? MYes ❑No 46,Jew C14-rz4ee — &.xv 1044Crl6ej 19. Will project routinely produce odors (more than one hour per day)? ❑Yes n Grn/LJ! . 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes XNo 21. Will project result in an increase in energy use? /Yes ❑No If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day 600 gallons/day. E 24. Does project involve Local, State or Federal funding? ❑Yes KJo If Yes, explain 4 01 I .L 1 Appendix 8 to Environmental Qualityiew Visual FAF Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) I. Would the project be visible from: 0-'/a 'A-'/2 /2-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ❑ ❑ ❑ ❑ KP observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ z9_ • The State Forest Preserve? ❑ ❑ ❑ ❑ Ni' • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ lsef' • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ Eo�' natural features? . • National Park Service lands? ❑ ❑ ❑ ❑ V • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ or Recreational? • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designat'on? • A site, area, lake, reservoir or highway designated as L/ ❑ ❑ ❑ ❑ scenic? / • Municipal park, or designated open space? IBJ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ • Local road) ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) ❑ ,�, Yes 60 3. Are any of the resources checked in question I used by the public during the time of year during�ich the project will be visible? L es ❑No 1 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 August 19, 2003 BY HAND Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Att : Mark Terry RE : Purita - woo — Jr ( — 3 • 4. 3 Sound View Avenue, Southold, NY Dear Mark: As per your request, enclosed please find five (5) prints of the Lot Line Change for Frank Purita last revised Aug . 4 , 2003 . If you need anything else, please do not hesitate to contact. me . Very- trujy yours, Patricia C . Moore PCM/mr Encls . pC CCId � AUGE1 9 7.003 D Southold owI Planning Board SOUTHOLD FIRE DISTRICT PO Box 908 SOUTHOLD, NY 1 1971 (631 ) 765-4305; FAX: (631 ) 765-6914 August 14, 2003 Mr. Mark Terry Southold Town Planning Board PO Box 1179 Southold, NY 11971 Re: SCTM# 1000-51-3-4.3 Dear Victor: Please be advised that the Board of Fire Commissioners has reviewed the above mentioned map and found that there is adequate fire protection for this parcel. No firewells will be required. This letter is valid for one year. Sincerely, ( 1016 (lay l--- p E C E 1V1 Cynthia Caprise D Fire District Secretary r c �Uo Southold Town Plannin Board • COUNTY OF SUFFOLK 9 ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS RICHARD J. LAVALLE,P.E. CHARLES J. BARTHA, P.E. LESLIE A. MITCHEL CHIEF DEPUTY COMMISSIONER COMMISSIONER DEPUTY COMMISSIONER July 29, 2003 Town of Southold Planning Board Office PO Box 1179 Town Hall, 53095 State Route 25 Southold, NY 11971-0959 D Attn: Mark Terry, Senior Environmental Planner Re: CR 48,North Road and Sound Avenue, Southold Frank Purita Minor Subdivision SCTM#1000-51-3-4.3 . J I Gentlemen: This Department has reviewed the above-referenced site plan. Specifically note that: This Department's acceptance of the Town as lead agency, pursuant to Part 617, Article 8 (SEQRA), in no way waives the County's rights pursuant to 239K of the General Municipal Law and Section 136 of the Highway Law. A permit from this Department will be required pursuant to Section 136 of the Highway Law for any improvements this Department deems necessary along the County right-of-way. Before a permit is issued by this Department for these improvements, documentation pursuant to Section 239f of the New York State General Municipal Law must be forwarded to us from the Town Building Department for our review and comments. If you have any questions,kindly contact this office at 8524100. Very truly yours, William S. Shannon,P.E. C�hjief Engineer By, vvL. M.Paul Campagn a WSS/MPC/dm Director of Highway Planning&Permits SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (631)852-4010 335 YAPHANK AVENUE 0 YAPHANK,N.Y. 1 1980 0 FAX(631)652-4150 r • • s POLICE DEPt1I2TMENT i TOWN OF W U MOLD CARLISLE E. COCHRAN,JR. Chief of Police Telephone Emergency Dial 911 MEMORANDUM TO: Mark Terry, Senior Environmental Planner D E 22 5 0 V/ FROM: Chief Carlisle E. Cochran,Jr. G(/ lei D J U L 2 2003 DATE: July 24, 2003 Sou'ccld Town RE: Proposed Minor Subdivision of Frank Purita 9oard There appears to be no effect on public safety. 41405 Route 25 • P.O. Box 911 • Peconic, N.Y. 11958 Administrative (631) 765-2600/2601 • Fax (631) 765-2715 t - 0 gpFFO(,� PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �Q Gy P.O. Box 1179 Chairman co Town Hall, 53095 State Route 25 w = Southold, New York 11971-0959 RICHARD CAGGLANO W Telephone (631) 765-1938 WILLIAM J. CREMERS KENNETH L. EDWARDS y�o! �aO� Fax (631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via Inter-Office Mail MEMORANDUM To: Chief Carlisle Cochran, Jr., Police Department From: Mark Terry, Sr. Environmental Planner Date: July 22, 2003 Subject: Proposed Minor Subdivision of Frank Purita This proposed minor subdivision is for 3 lots on 27.03 acres. N/o intersection of C.R. 27 and C.R.48 and s/o of Sound View Avenue SCTM#1000- 51.-3-4.3 Zoning District: A-C Enclosed please find the proposed Minor Subdivision of Frank Purita plat for comment regarding public safety. Please contact me in this office if you have any questions. att. cc: File JUL 2 3 2003 • 0 ��vre� New York State Department of Environmental Conservation AM of Environmental Permits, Region One Building 40-SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 FAX: (631)444-0360 - LEAD AGENCY COORDINATION RESPONSE July 22, 2003 Mark Terry Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: LEAD AGENCY COORDINATION REQUEST Proposed Minor Subdivision of Frank Purita n/o intersection of C.R. 27 and C.R. 48 and s/o Sound Avenue Southold, NY 11971 Dear Mr. Terry: This letter is in response to your Lead Agency Coordination Request of July 15,2003 regarding lead agency coordination forthe above project pursuantto the State Environmental Quality Review Act (SEQRA)ofthe Environmental Conservation Lawand it's implementing regulations(6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please advise the applicant that the construction of a road or the undertaking of any other regulated activities within 1 00'of the freshwater wetland boundary at this site will require a Freshwater Wetland Permit from this Department. If you have any questions, please call meat 63-i-444-0403. Sinc rely, / D �n Sherri Aicher v D Environmental Analyst J LI L 2 4 2003 Southold Towo Plannin Board PLANNING BOARD MEMBE• o�pSUFFO(,�co BENNETT ORLOWSKI,JR. �� Gy P.O. Box 1179 Chairmano= Town Hall, 53095 State Route 25 to = Southold, New York 11971-0959 WILLIAM J..CREMERS RICHARD u� Telephone (631) 765-1938 KENNETH L. REM � � ARDS y�01 JL •�,`a�� Fax(631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via Inter-Office Mail MEMORANDUM To: Chief Carlisle Cochran, Jr., Police Department From: Mark Terry, Sr. Environmental Planner Date: July 22, 2003 Subject: Proposed Minor Subdivision of Frank Purita This proposed minor subdivision is for 3 lots on 27.03 acres. N/o intersection of C.R. 27 and C.R.48 and s/o of Sound View Avenue SCTM#1000- 51.-3-4.3 Zoning District: A-C Enclosed please find the proposed Minor Subdivision of Frank Purita plat for comment regarding public safety. Please contact me in this office if you have any questions. aft. cc: File • PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. ��� P.O. Box 1179 Chairman Town Town Hall, 53095 State Route 25 y = Southold, New York 11971-0959 RICHARD CAGGIANO 0 Telephone(631) 765-1938 WILLIAM J. CREMERS KENNETH L.EDWARDS y?f�l �aO� Fax (631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 21, 2003 Cynthia Caprise, Secretary Southold Fire District P.O. Box 908 Southold, New York 11971 Dear Ms. Caprise: Enclosed please find one (1) survey, last revised 6/20/03, for the Minor Subdivision for Frank Purita, located n/o the intersection of Old North Rd. & CR 48 and s/o Sound Ave., Southold. SCTM#1000-51-3-4.3 O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very truly yours, Mark Terry Senior Environmental Planner enc. L g�FFULI( PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �1� G,y P.O. Box 1179 Chairman C Town Hall, 53095 State Route 25 C* Z Southold, New York 11971-0959 RICHARD CAGGIANO 0 Telephone (631) 765-1938 WILLIAM J. CREMERS KENNETH L.EDWARDS y�j�l �aO� Fax (631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 15, 2003 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1 . Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Proposed Minor Subdivision of Frank Purita Located n/o intersection of C.R. 27 and C.R. 48 and s/o Sound Avenue in Southold. SCTM#1000-51-3-4.3 Zone: A-C Requested Action: The applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of 22.5227 acre development right sale and a 2.5083 acre building envelope. A .8496 freshwater wetland exists on the western property boundary. The plat shows a 100' buffer area around the wetland and no development is proposed within this area. The applicant proposes to sell development rights on 23± acres. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 243 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Board of Appeals 443oard of Trustees Building Department Southold Town Board Suffolk County Department of Health Services *NYSDEC - Stony Brook Suffolk County Department of Public Works 4 New York State Department of Transportation Suffolk County Water Authority `Maps are enclosed for your review iPART 1 —PROJECT INFORMAO)N I Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered. as part of the application for approval and may be subject to further verification and public review. Provide any additiona!i information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION T19 /)I//yd r S u/3 D t ✓, s 10/u LOCATION OF ACTION (include Street Address, Municipality and Cnnntvl 1-Q ;7 L/fw,9 6c TA 1 th kAe rX7 1}T D tJ DVAIIJ ✓IhaV 4L " NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE T,9 7'sS ADDRESS 5 VE CITYIPO STATE ZIP CODE NAME OF OWNER(If different) BUSINESS TELEPHONE _ AL/� i/V4 I A . tC.Gf 0/04*161;/1- lvick1/'tm Zqb ' br3S ADDRESS Gx • / �1.2y CITYIPO /I ) 9 MrLc STATE ZIP CODE DESCRIPTION OF ACTION j E or oLv ✓Lt6ri71; f:_zr L A-c-c2e-S 7, 5/093, 5✓ ErT %z Lo7`Li/v� Ch'.9>t/c£ w/ S �cUrc�. 2f)a Sc:Y9�9/E Ii�WC- Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial JXResidential (suburban) ❑Rural (non-farm) ❑Forest L§Agriculture ❑Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) Av acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) Zo acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) b� a29y�(GJ acres _ '"�t-19� acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres _- acres 3. What is predominant soil type(s) on proj,,e,c,,t,�si—te�?.^�.�3/Vby LOrQyr a. Soil drainage: NWell drained _.,+ % of site ❑Moderately well drained % of site ❑Poorly drained a % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? 20% acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes XNo a. What is depth to bedrock? (in feet) 2 5. Approximate percentage of pro ��)){{ project site with slopes. 00-10% % i-10-1 S% % */ O15% or 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes )fNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes usyNo 8. What is the depth of the water table? M12 (infeet) 9. Is site located over a primary, principal, or sole source aquifer? .Yes []No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Oyes 9CI40 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes lo According to - Identify each species 12. Are there any unique or unusual land forms on the project site? (i-e-, cliffs, dunes, other geological formations) [--]Yes *14b Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes l If yes, explain 14. Does the present site include scenic views known to be important to the community? Il ❑No JCpieUI_IV44!5�- — �!?t`��✓:'g71C7`7 P2C�F'C25r"� 15. Streams within or contiguous to project area. 4 h AR! a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name &T, /,��El✓'r WE 177.E L. Size (In acres) 17. Is the site served by existing public utilities? ❑Yes WO a) If Yes, does sufficient capacity exist to allow connection? ❑Yes ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? '.Yes ❑No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes ;,No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes 1No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor b _ acres. b. Project acreage to be developed: 3 LJTs acres initially; 5 LC)75, acres ultimately. c. Project acreage to remain undeveloped 2-0% acres. d. Length of project, in miles: W1 4 (If appropriate) ���,. e. If the project is an expansion, indicate percent of expansion proposed All+ %; V Number of off-street parking spaces existing l—'I'a ; proposed &� 4 g. Maximum vehicular trips generated per hour N/ 4 (upon completion of project)? h. If residential: Number and type of housing units: One Family n Two Family Multiple Family Condominium Initially _ & rB /C.4i. Ultimately 3 i. Dimensions (in feet) of largest proposed structure _ height; width; length. I. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2- How much natural material \rock, earth, etc.) will be removed from 51tO V _ tons/cubic yards 3. Will disturbed areas be recta & Oyes ONo /A a. If yes, for what intend., purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ❑No c. Will upper subsoil be stockpiled for reclamation? El Yes 11 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site, acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes 1 'Na 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: NSA a. Total number of phases anticipated (number). L. Anticipated date of commencement phase 1 month _ year, (including demolition). c Approximate completion date of final phase month _ year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ❑No 8. Will blasting occur during construction? Dyes Xo 9. Number of jobs generated: during construction after project is complete 5 10. Number of jobs eliminated by this project !J 11. Will project require relocation of any projects or facilities? Dyes '1� No If yes, explain 12. Is surface liquid waste disposal involved? L (eslo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? P.Yes [-]No Type _ 5/�7viri'?2Si 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes %No Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes '�IfNo 16. Will the project generate solid waste? b9Ye5 ❑No a. If yes, what is the amount per month 'MQ tons L. If yes, will an existing solid waste facility be used? Dyes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes )INo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? CKYes ❑NoULtP 4fle T1GcS 19. Will project routinely produce odors (more than one hour per day)? Dyes KN0 OrvLy, . 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes XNo 21. Will project result in an increase in energy use? MYes ❑No If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity , gallons/minute. 23. Total anticipated water usage per day t1'00 gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes KNo If Yes, explain 4 25. Approvals Required: a Submittal Date City, Town, Village Board ❑Yes MNo W City, Town, Village Planning Board ]Yes ❑No City, Town Zoning Board ❑Yes [ANo City, County Health Department 18Yes ❑No f^(yt VIW $UIgc4W Other Local Agencies YYes JN, Other Regional Agencies []Yes (�No _ State Agencies ❑Yes C)IIN0 Federal Agencies ❑Yes C No C. Zoning and Planning Information 1 Does proposed action involve a planning or zoning decision? XYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? AC_ 3. What is the maximum potential development of the site if developed as permitted b the Y present zoning? 3 L O'1S 4. What is the proposed zoning of the site? _ IV 5. What is the maximum potential development of the site if developed as permitted b the + 3 P P Y proposed zoning? 1 5 C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? P,Yes ONO 7. What are the predominant land use(s) and zoning classifications within a Y mile radius of proposed action? 1 cQ,fnn�'c..Q 8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile? J$Yes ONO 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? a9 :�> �-t,K1 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑YesAlo 11 . Will the proposed action create ademand for any community provided services (recreation, education, police, fire protection)? `Vl.Yes 3ICO a. If yes, is existing capacity sufficient to handle projected demand? 91�Yes ONO 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑Noo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor N e �5-c 'Ak Signature Date 9— Ifu'U3 i e If the action is in the Coastal Ar a, and you are a stale agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 JtUfi Appendix B 6te Environmental Quality view Visual EAS' Addendum Thisform may be used to provide additional information relating to Question7Miles) the Full EAF. (To be completed by Lead Agency) Distance Bet Visibility Project and Resourc1. Would the project be visible from- 0-'/a /E-I/2 '/r3 - 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ❑ ❑ ❑ ❑ K/ observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ • The State Forest Preserve? ❑ ❑ ❑ ❑ • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ �' • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ F' natural features? • National Park Service lands? ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ or Recreational? • Any transportation corridor of high exposure, such M' ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? ,,�,/ • A governmentally established or designated interstate L�1 ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? �,/ • A site, area, lake, reservoir or highway designated as U� ❑ ❑ ❑ ❑ scenic? ,�/ • Municipal park, or designated open space? LTJ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ • Local road? �_-K ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) El Yes 3. Are any of the resources checked in question 1 used by the public during the time of year during ich the project will be visible? Ltes ❑No 1 DESCRIPTION OF EXIOAG VISUAL ENVIRONMENT i 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *'/a 'ile * 1 mile Essentially undeveloped LTJ( ❑ Forested �� ❑ Agricultural �,� ❑ Suburban residential ❑ Industrial �� ❑ Commercial �� ❑ Urban River, Lake, Pond �,7 ❑ Cliffs, Overlooks ❑ 0/ Designated Open Space EIT ❑ Flat ❑- ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: *Va mile ❑Yes ❑No *1 miles ❑Yes 0 N *2 miles Ed [�]Yes ❑No *3 miles LJYes 11 No * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is . NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daid Weekly Weekends Seasonally Travel to and from work ❑ ❑ ❑ Involved in recreational activities / El ❑ Routine travel by residents ❑ ❑ ❑ At a residence ^LGA/ ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ Other _ ❑ ❑ ❑ ❑ E 2 PLANNING BOARD MEMBERS o��SpFFO�,��G • BENNETT ORLOWSKI,JR. _�. Gy P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 0 C4 Z Southold, New York 11971-0959 WILLIAM J.. CREREMERS RICHARD MTelephone (631) 765-1938 � � '1C KENNETH L. EDWARDSy Fax (631) 765-3136 MARTIN SIDOR. PLANNING BOARD OFFICE July 15, 2003 TOWN OF SOUTHOLD Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 RE: Minor Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR 48 and s/o Sound Ave. in Southold SCTM#1000-51-3-4.3 Zone: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, July 14, 2003, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Right Sale and a 2.5083 acre building envelope; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23+ acres); and WHEREAS, the action, as submitted, meets the 75% preservation threshold as specified in Local Law No. 3 of 2002; therefore, be it RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this Unlisted Action. The plat has been referred to the Suffolk County Planning Commis ion the Town of Southold Police, the Southold Fire Department and Town Trustees for review and comment. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman • � Pry M TQC PATRICIA C. MOORE 3nta Attorney at Lawes 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary July 9, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 (BY HAND) Re: Frank Purita SCTM# 1000-51-03-4.3 Dear Mr. Orlowski: Enclosed please find a survey showing the location of the proposed barn(50' x 100')which will be used for standard agriculture use of storage of agricultural equipment and materials. My client plans to design a barn that resembles the Macari Barn on Sound Avenue, Mattituck. In addition he intends to place a standard greenhouse(25'x 60')behind the barn for crop propagation. My clientwould ask for approval of the County Agricultural Committee before he completes his subdivision and sale of development rights to assure himself that he can construct the proposed agricultural buildings on County Development Rights land. If you wish to discuss this further please do not hesitate to contact me. ,Very yours, cia C. Moore Lj6ID l l- 10 2003 Southold Town Nanning Board I Rp� dTHIS AGREEMENT, made thisa1 pday of Member, Two Thou 7 2003 BETWEEN Southold Town /Qi'td Y�y���, Planning Board Frank Purita, as contract vendee, hereinafter described as the SELL 5 Soundview Avenue, Southold, New York 11971 and the COUNTY OF SUFFOLK, a municipal corporation, having its principal offices at County Center, Riverhead, New York, hereinafter described as the PURCHASER, WITNESSETH, that the SELLER agrees to sell and convey, and the PURCHASER agrees to purchase, as authorized by Chapter 8 of the Suffolk County Code, and in accordance with Resolution No. 285-1981, as amended, and Resolution No. 405-2001 of the Suffolk County Legislature, on file with the Clerk of the Suffolk County Legislature, the Development Rights, as hereinafter defined, in all that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known as Suffolk County Tax Map No. 1000-051-03-p/o 4.3 more particularly bounded and described as set forth in the description annexed hereto as Exhibit "G". 1. Development Rights, as authorized by §247 of the New York State General Municipal Law, as amended, shall mean the permanent legal interest and right to permit, require or restrict the use of the premises exclusively for agricultural production as that term is defined in Chapter 8 of the Suffolk County Code, as amended, and the right to preserve open space as that term is defined in §247 of the General Municipal Law as amended, and the right to prohibit or restrict the use of the premises for any purposes other than agricultural production or to subdivide same. By the sale of such development rights and interest, the SELLER shall be deemed to have covenanted and agreed that the SELLER, and the heirs, legal representatives, successors and assigns of the SELLER, shall only use the premises on and after the date of delivery of the instrument of conveyance to the County of Suffolk for the purpose of such agricultural production. Such covenant shall run with the land in perpetuity. The provisions of this paragraph shall survive the delivery of the instrument of conveyance. 2. The SELLER acknowledges that by the terms of this contract and the declarations in the deed, that it has been informed that neither the SELLER, nor his heirs, successors in interest, successors in title or assignees shall be permitted to remove soil from the property to be covered by these development rights. A purpose of this acquisition is to protect topsoil by limiting non- agricultural production uses of the land. The topsoil present on the premises consists of prime/unique/important soil. The representation is intended to also serve as a covenant running forever with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of this conveyance. 3. The power and purpose of the PURCHASER is limited to acquiring the Development Rights in land presently used or suitable for agricultural production and the PURCHASER reserves the right, upon obtaining a survey and inspecting the premises in relation thereto, to hold a public hearing on said purchase and acquisition, and thereafter, either cancel this agreement if the premises are not entirely used or suitable for agricultural production or to accept that portion HARe_condemnTEMWurita Sawicki Farmland Presmation.doc 1 of the premises which is suitable for agricultural production, as herein defined, in which case the price will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth. 4. The price is Six Hundred Fifty-Five Thousand Five Hundred and 00/100 ($655,500.00) DOLLARS, based on the representation of the SELLER that the premises contain 23+ acres of cropland, the development rights of which are valued at Twenty-Eight Thousand Five Hundred and 00/100 ($28,500.00) DOLLARS per acre. The computation of acreage to determine purchase price shall not include land contained in the bed of any easement public road private road any land as to which any other person or the public may have any rights, any wetlands riparian lands littoral lands, and/or body of water, but title to the Development Rights to all such areas as the SELLER may have shall, nevertheless, be conveyed to the PURCHASER. The price will be adjusted to the actual acreage to be determined by a survey, as set forth below. PURCHASER will have the premises surveyed by a professional engineer or licensed land surveyor of its choice, at its expense, to determine the actual acreage of the area suitable for agricultural production. If the SELLER is dissatisfied with the PURCHASER'S survey, SELLER may have the premises surveyed by a licensed land surveyor of his choice, at his expense, to determine the actual acreage of the area suitable for agricultural production. If there is a substantial variation between the two surveys, the actual acreage of the area suitable for agricultural production for the purpose of this contract shall be determined by a third surveyor to be selected by the first two surveyors. The determination of the third surveyor shall be binding, and the third surveyor's cost shall be borne equally by the SELLER and PURCHASER. If a SELLER'S survey or a third survey is secured, the recomputation of acreage to determine purchase price shall not include land contained in the bed of any easement, public road, private road any land as to which any other person or the public may have any rights, any wetlands, riparian lands littoral lands and/or body of water, but title to the Development Rights to all such areas as the SELLER may have shall, nevertheless, be conveyed to the PURCHASER. There shall be no other adjustments or apportionments. The aforestated price for the total acreage as noted above shall be payable by Suffolk County check at the time of closing, subject to paragraph 8 of this agreement. 5. The deed shall be in the form approved by the Suffolk County Attorney, and shall be duly executed and acknowledged so as to convey to the PURCHASER, the Development Rights of the said premises, free of all liens and encumbrances, except as herein stated. If the SELLER is a corporation, it will deliver to the PURCHASER at the time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed, and a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with said section. 6. Any sums paid on account of this contract and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the PURCHASER under this contract. HARe_condemnTENITurita Sawicki Farmland Presmation.doc 2 7. A. Subdivision shall be defined as the division of the land covered by the development rights into two or more parcels in whole or in part. B. The SELLER covenants and agrees that the underlying fee title retained by the SELLER may not be subdivided into plots by the filing of a subdivision map pursuant to §§276 and 277 of the Town Law and/or §335 of the Real Property Law, without the written recordable consent of Purchaser. C. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the PURCHASER. D. Any subdivided parcels would be subject to the requirement that they be used for agricultural production as defined herein. Subdivision shall not include the right to construct any new structures or relocate any existing structures, except as would otherwise be permitted herein. E. Pursuant to Suffolk County Code §8-5(E)(2) and Suffolk County Administrative Code §A14-32, a proposed subdivision shall be reviewed by the Farmland Committee and its recommendation shall be forwarded to the County Legislature for further consideration. F. If Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition, the following sub-paragraphs shall apply: (1) Lots created by the proposed subdivision shall remain viable for agricultural production, either individually or as part of an established farming operation. (2) The United States Secretary of Agriculture shall be notified prior to granting such permission for a subdivision. The provisions of this section shall survive delivery of the instrument of conveyance and shall be considered a covenant running with the land in perpetuity and shall be binding upon the SELLER, its heirs, successors and assigns, and shall inure to the benefit of the PURCHASER and its successors and assigns. 8. Said development rights to the premises herein are to be conveyed subject to: (a) no mortgages, liens, or encumbrances; (b) any state of facts an accurate survey may show, providing same does not render title to the development rights unmarketable; (c) covenants, easements, restrictions of record, if any,provided same do not prohibit the use of the premises for agricultural production as defined herein, and further provided that such covenants, easements or restrictions do not diminish the approved appraised value of said property; (d) determinations made after public hearing; (e) consents and permits, if necessary, as may be required by any federal, state or local agency having jurisdiction; (f) an environmental audit of the premises showing the premises to be free of contamination from toxic and/or hazardous substances; HARe_condemnTEMWurita Sawicki Farmland Preservry ation.doc 3 (g) Suffolk County Administrative Code Section A14-30(M) attached hereto as Exhibit "I", which states, in effect, that transfer of title to this parcel or interest therein shall take place within two years after the effective date of the County resolution authorizing acquisition of the same; (h) compliance with New York State Agriculture and Markets Law §305(4); (i) compliance with Resolution No. 425-2002, implementing Real Estate Division Reform, as applicable; and 0) subject to S )btaining at his sole cost and expense all municipal approvals for a lot line modification to tax ap lot numbers 1000-51-3-4.1 and 6.1. �6Y xx-4 ve^AdoYtS 9. The PURCHASER may make its determination of whether the premises are free from all encumbrances, on the basis of its own examination of the title, or that of its agents, or a title report of a member company of the New York Board of Title Underwriters, and may require the SELLER to clear title exceptions raised to the satisfaction of the PURCHASERS and, if any is involved, the title company. 10. If, at the date of closing, there may be any other liens or encumbrances which the SELLER is obligated to pay and discharge, the SELLER may use any portion of the balance of the purchase price to satisfy the same,provided the SELLER shall simultaneously either deliver to the PURCHASER at the closing of title instruments in recordable form and sufficient to satisfy such liens and encumbrances of record, together with the cost of recording or filing said instruments. The SELLER agrees to sign such proper vouchers for the closing check(s) as may be requested by the Suffolk County Comptroller and Suffolk County Treasurer at least two weeks prior to the date fixed for closing. The PURCHASER, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate checks as requested, aggregating the amount of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the SELLER shall comply with the foregoing requirements. 11. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same or similar to that of the SELLER, the SELLER will, on request, deliver to the PURCHASER an affidavit showing that such judgments, bankruptcies or other returns are not against the SELLER, if such is the case. 12. In the event that the SELLER is unable to convey title in accordance with the terms of this contract, the sole liability of the SELLER will be to pay the cost of examining the title, by the PURCHASER, the PURCHASER'S agents, or the PURCHASER'S title company, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the cost of any survey made in connection therewith incurred by the PURCHASER and upon such payment being made, this contract shall be considered canceled. 13. The SELLER, simultaneously with the execution and delivery of this agreement, has also delivered the required verified public disclosure statement for filing with the County Comptroller; a copy of that statement is attached. At the time of the closing, the SELLER shall submit a current statement or a swom statement that there have been no changes in interest since the date of this agreement. Any evidence of a conflict of interest or prohibited contractual relationship shall require approval of the contract and sale by the Supreme Court of the State of New York. HARe_condemn\PEM\Purita Sawicki Farmland Presmation.doc 4 14. The deed shall be delivered at the offices of ROBERT J. CIMINO, Suffolk County Attorney, H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York, 11788 or at such other place as may be agreed upon by the parties, at 10:00 o'clock in the forenoon, on or about 90 days from the date the public hearing hereunder is held, subject to a survey guaranteed to Suffolk County pursuant to paragraph 4 herein first being received. 15. The parties agree that no broker brought about this sale and the SELLER agrees to hold the County of Suffolk harmless and to indemnify PURCHASER for any claims for brokers commissions arising out of this transaction. 16. The SELLER herein agrees to comply with all disclosure requirements as imposed upon the PURCHASER through the various and several local laws and resolutions as enacted by the Suffolk County Legislature. 17. The SELLER further agrees to file and execute all affidavits, documents and vouchers as required by said local laws of the County of Suffolk, rules, regulations, ordinances, statutes and resolutions of the Suffolk County Legislature. This requirement shall survive the closing of title and delivery of the deed. 18. The SELLER represents that the premises are agricultural land used for bona fide agricultural production as defined herein. At no time, to the SELLER'S knowledge, has the premises been used for the generation, storage, or disposal of hazardous substances, or, as a landfill or other waste disposal site. There are not now, nor have there ever been, underground storage tanks, to the SELLER'S knowledge, on the premises. 19. The SELLER represents that there are no actions, suits, claims or proceedings seeking money damages, injunctive relief, remedial action or any other remedy pending or threatened relating to a violation or non-compliance with any Environmental Law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent the same arise from the condition of the premises or SELLER'S ownership or use of the premises. 20. The SELLER represents that no consent or approval is needed from any governmental agency for the transfer of the development rights from SELLER to PURCHASER, and neither the execution of this agreement, nor the closing of title, will violate any Environmental Law. 21. These representations and warranties contained in paragraphs 18, 19, 20, and 22 shall survive the closing, shall be binding upon SELLER and its successors and assigns, and shall inure to the benefit of PURCHASER and its successors and assigns. 22. The SELLER covenants and agrees that it will: (a)Not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; HARe_condemnTEWurita Sawicki Farmland Presemation.doc 5 • (b) Comply with all Environmental Laws; (c)Allow PURCHASER and its agents reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. (d) Where Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition, representatives of the United States Department of Agriculture shall also have the right to enter the property for monitoring conservation plan implementation. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 23. SELLER covenants and agrees that he will defend, indemnify, and hold harmless the PURCHASER and any of its officers, agents, employees, and their respective successors and assigns, against any and all damages, claims, losses, liabilities and expenses, including,without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of(1) any inaccuracy or misrepresentation in any representation or warranty made by SELLER in this agreement and/or the subject deed; (2) the breach or non-performance of any covenants required by this agreement and/or the subject deed to be performed by the SELLER, either prior to or subsequent to the closing of title herein; (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of development rights; or(4) the acts or omissions or negligence of the SELLER. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 23A. If Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition, the United States of America shall also be deemed to be an indemnified party under the indemnification as stipulated in Paragraph 23, and the SELLER shall also indemnify the PURCHASER and United States of America as to the following: Violations of any laws and regulations which are now or which may in the future become applicable and including, but not limited to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251, et seq., the Comprehensive Environmental Response, Compensation and Liability Act as amended, 42 U.S.C. 9601, et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601, et seq., the Federal Insecticide Fungicide and Rodenticide Act, as amended, 7 U.S.C. 136, et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f, et seq. (2)judgments, claims, demands,penalties or fees assessed against the United States; (3) costs, expenses and damages incurred by the United States of America, or(4) the release or threatened release of any solid waste, HARe_condemnTENITurita Sawicki Farmland Presmation.doc 6 • hazardous waste, hazardous substance,pollutant contaminant, oil in any form or petroleum product into the environment. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 24. (a) The SELLER has been advised that Federal grants and/or funds may be used and/or reimbursed to the PURCHASER for this acquisition. Accordingly, the parties agree to abide by the following language, where applicable because Federal funds have been or will be received. W Cnntingent Right in the United States of Amerir_.a: In the event that the PURCHASER fails to enforce any of the terms of this easement(or other interests in land), as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that the PURCHASER attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement (or other interests in land) or extinguish the conservation easement (or other interests in land)without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this easement(or other interests in land) shall become vested in the United States of America. (ii) Unless otherwise agreed to by the PURCHASER, United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets, the PURCHASER shall hold title to any conservation easement or interest in land. However, title may be held by the United States of America at the request of the Secretary of Agriculture upon mutual agreement of the PURCHASER, United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets. (iii) SELLER covenants to manage the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide and 7 C.F.R.,Part 12, and is approved by the Conservation District. SELLER covenants to file an AD-1026, Highly Erodible Land and Wetland Certification Form at the appropriate United States ---- - - HARe_condemnTENITurita Sawicki Farmland Pmsmation.dcc 7 0 Department of Agriculture Service Center. (iv) After the DEVELOPMENT RIGHTS have been acquired by the PURCHASER, any amendments to the Deed of Development Rights shall be authorized by the United States of America. (b) The SELLER has been advised that State grants and/or funds may be used and/or reimbursed to the PURCHASER for this acquisition. Accordingly, the parties agree to abide by the following language, where applicable because State funds have been or will be received. (i) After the development rights have been acquired by the PURCHASER, any amendments to this Agreement/Easement, shall be authorized by the N.Y.S. Department of Agriculture and Markets. Any and all of the above covenants shall run with the land in perpetuity, and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement, and further shall be incorporated into any instruments of conveyance. 25. At the closing of title hereunder, if the SELLER is not a foreign person as that term is defined in Internal Revenue Service Code 1445(f)(3) and the regulations issued thereunder, SELLER shall deliver to PURCHASER a non-foreign affidavit. In the event that the SELLER is such a foreign person, or in the event that PURCHASER has actual knowledge that the non- foreign affidavit is false, then PURCHASER shall deduct,withhold and deliver to the Internal Revenue Service a tax equal to ten(10%)per cent of the purchase price of such amount as has been provided for in a Treasury Department qualifying statement. 26. It is understood and agreed that all understandings and agreements had between the parties hereto are merged in this contract, which,with the exhibits, fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. 27. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. 28. Local Law#32-1980-The SELLER(S)represent and warrant that he(they)has(have) not offered or given any gratuity to any official, employee, or agent of Suffolk County,New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person(s)has(have) read and is(are) familiar with the provisions of Local Law#32-1980, annexed hereto as Exhibit "C". 29. A copy of Chapter 8 of the Suffolk County Code, annexed hereto as Exhibit "E", is incorporated by reference herein and made a part hereof, and the SELLER agrees and acknowledges that his/her/its successor(s)in interest, grantees, heirs and assignees shall be bound thereby by all its terms, provisions and conditions as they now exist and as they may be in the HARc_condemn\PEM\Purita Sawicki Farmland Presmation.doc 8 future amended. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. 30. If two or more persons constitute either the SELLER or the PURCHASER, the word "SELLER" or the word "PURCHASER" shall be construed as if it read "SELLERS" or "PURCHASERS" whenever the sense of this agreement so requires. 31. It is understood and agreed by and between the parties to this contract that the SELLER has retained or will retain certain portions of his property and exclude said portions from this sale to the County of Suffolk. That by reason thereof, the SELLER does hereby further covenant and agree that no application for the erection of a residential dwelling will be made to the PURCHASER as to those areas not retained by the SELLER and the subject of the development rights, by himself or his heirs, successors or assigns. Said covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. 32. The SELLER acknowledges that the PURCHASER must comply with New York State Agriculture and Markets Law §305(4), attached hereto as Exhibit "J", if the subject premises is located within an agricultural district, in that the PURCHASER is acquiring an interest in land from the SELLER, i.e., farmland development rights. Should that be the case, as early as possible in the development of a proposal of such an action, the PURCHASER is obliged to file a preliminary notice of its intent with the Commissioner of Agriculture and Markets of New York State, and the county agricultural and farmland protection board, i.e., the acquisition of the subject farmland development rights. Thereafter, said board reports its findings and recommendations to said Commissioner who may hold a hearing subject to legal notice, and thereafter render a determination thereon. This procedure shall not apply and shall be deemed not applicable or waived, respectively, either(a) if the subject premises is not located within an agricultural district; or(b) if the subject premises is located within an agricultural district, if the SELLER agrees and executes a waiver to such effect and provide a copy thereof to the Commissioner, pursuant to New York State Agriculture and Markets Law §305(4)(d), attached hereto as Exhibit "K". Accordingly, SELLER agrees, upon his execution of this contract, to also execute such a document advising the PURCHASER of the SELLER'S election, which, as appropriate, shall then be forwarded by the PURCHASER to the Commissioner. 33. A. Pursuant to Suffolk County Code §8-5(E)(4) and (6), new construction, erection, installation or placement of structures on the Premises is permitted as provided herein. B. All new construction shall be for the purposes of agricultural production, consistent with New York State Agriculture and Markets Law §301, New York State General Municipal Law §247, and Suffolk County Code §8-1. C. All new construction shall be subject to permit approved by a majority vote of the Farmland Committee. D. Applications for operation or construction of a farm stand shall also be subject to the provisions of Suffolk County Code §8-6. HARe—condemnTENITurita Sawicki Farmland Prese"ation.doc 9 E. In its consideration of permit applications, the Farmland Committee shall consider the use of the structure for agricultural production, the effect of the proposed structure on topsoil consistent with the purpose stated in Paragraph 2 of this Contract and the impact on vistas. F. New construction shall include, but not be limited to, fencing, paving and relocation of existing structures. G. Renovation, maintenance and repairs of existing structures are not deemed to be new construction and are not subject to the permit requirement. In order to fall within the scope of this exception, renovation, maintenance and repairs may not enlarge or change the footprint or change the primary purpose of the existing building to a non-agricultural production use. This covenant shall run with the land in perpetuity, and the provisions of this Paragraph shall survive the delivery of any instruments of conveyance pursuant to this Agreement. 34. The (1) Title report, (2) Environmental Site Assessment and (3) Survey shall constitute a Baseline Data Report, in order to evidence the present condition of the premises (including both natural and manmade features) so as to facilitate future monitoring and enforcement of the Development Rights. Copies of the listed documents shall remain on file with the PURCHASER and shall be made available to the SELLER. The provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 35. (a) Recreational uses such as hiking, hunting, fishing, boating, horseback riding that do not conflict with N.Y. Agric. &Mkts. Law §301, Suffolk County Code Chapter 8 and, if federal funding is received, the purpose of Section 2503 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171), are permitted. (b) Use of the premises for more than de minimis commercial recreational activity is prohibited. Under no circumstances shall athletic fields, golf course or ranges, commercial airstrips, commercial helicopter pads or any other structure or improvement inconsistent with current or future agricultural production be constructed on the premises. 36. (a) With the exception specified herein, exploration for, or development and extraction of minerals and hydrocarbons from the premises by any means is prohibited. (b) Surface mining involving gravel and sand removal may be permitted where such removal is small scale (proportionate to the whole or no more than two acres in the aggregate, whichever is less), does not breach the water table, and is collateral, subordinate and incidental to the agricultural production uses permitted on the Premises by Suffolk County Code Chapter 8. 37. Any amendments to this Contract and the subject Deed, shall be in writing and executed in recordable form by the SELLER and the PURCHASER. The provisions of this paragraph shall survive the delivery of any instruments of this conveyance. HARe condemnTEWPurita Sawicki Farmland Presemtion.doc 10 IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto the day and year first above written. IN PRESENCE OF: COUNTY OF SUFFOLK FRANK PURITA By: ERIC Chief DeputyoCounty Executive Approved as to form, not reviewed as to execution: ROBERT J. CIMINO Suffolk County Attorney APPROVED: By: DAVID P. FISHBEIN By: CHRISTINE D. COTIGAN Bureau Chief Division Director of Real Estate Real Estate/Condemnation Bureau Department of Planning Department of Law HARe_condemnWEMTuri[a Sawiclu Farmland Pmem ioadoc 11 01/27/2003 14:07 FAX 6318535YU5 J. U. utv. EhAL bZ11A1G w�uuc s STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the /7'" day ofLlaaci �nY a year 204 before me,the undersigned, personally appeared Frank Punta;personally]mown to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of Individual Taking Acknowledgment PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.488166 Commission Expires June 16, 'r� STATE OF NEW YORK) ) Ss.: COUNTY OF SUFFOLK) On the ZjSvday of /n)%t6 W in the year 200'j before me,the undersigned, personally appeared Eric A.Kopp,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument. Z Signature and Office of lndivid� Taking Acknowledgment ROBERT E. REICH Notary Public,State of New Yak No.01 RE5037781,Suffolk County Term Expires January 9,1 fled H:Vte_condemnlPEMlPurita Sawicki Farmland Preservation.doc - 12 '146 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 June 24 , 2003 BY HAND Southold Town Planning Board Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re : Contract Vendee (Owner Albina Sawicki) Frank Purita minor subdivision Premises : CR 27 & Sound View Avenue Southold, New York Dear Ladies/Gentlemen: Enclosed please find revised maps of the above referenced conservation subdivision. If you need anything else, please do not hesitate to contact me . Very yours, Patricia C. Moore PCM/mr Encls . M D PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan w Secretaries April 28, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road D P.O.Box 1179 APA 29 Southold, NY 11971 Southold Two (BY HAND) Planning Good Re: Conservation Subdivision SCTM#1000-51-03-4.3 Dear Mr. Orlowski: I represent Frank Purita who wishes to submit a conservation subdivision. The property is presently owned by Mrs. Abina Sawicki, my client is under contract to purchase the property from Mrs. Sawicki. Mrs. Sawicki is represented by Attorney Abigail Wickham. The majority of the acreage (20 acres) is the subject of a sale of development rights to the County of Suffolk. The specifics of the parcel as follows: Total acreage: 27.4093 Sale of Development Rights: 20+/- acres Lot Line Change: Sawicki will be retaining acreage to enlarge their existing lots (Lot line changes proposed by Sawicki by her attorney, Abigail Wickham) Minor subdivision: Lot 1 & lot 2 (cluster) access from Chardonnay Drive Lot 3- Farm Lot (while we are not selling the development rights to the acreage in Lot 3 Mr. Purita intends the farm house and agricultural use and farm buildings within the lot area)The size of this lot could be adjusted,however,we wish to retain a sufficiently large lot to make the lot practical for agricultural production. Please review the enclosed application and map for inclusion in the "conservation subdivision"program. The County is awaiting the lot line division for Mrs. Sawicki. The development of the lots was previously reviewed by the Planning Board and your recommendations were incorporated into this plan. If you wish to discuss this further please do not hesitate to contact me. Very truly yours, L �- Patricia C. Moore cc: Melissa Spiro, Land Preservation Office w/ enclosure Application and surveys y PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries March 7, 2003 Bennett Orlowski, Jr., Chairman D E C E Southold Town Planning Board D Town Hall MAA - ) 53095 Main Road P.O.Box 1179 Southold Town Southold, NY 11971 Planning Board Art: Mr. Mark Terry (BY HAND) Re: SCTM#1000-51-03-4.3 Sale of Development Rights Dear Mark As we discussed enclosed please find a revised plan for the above referenced parcel dated January 15,2003. Mr.Frank Purita is in contract to purchase the above referenced parcel from Mrs. Sawicki. Mrs. Sawicki is submitting a lot line change application which she must complete before the title closes. Simultaneous with the lot line application but independent of the lot line application , Mr. Purita wishes to submit a minor subdivision application to develop 3 lots on 1000-51-03-4.3 with the balance of the development rights for land sold to the County. We have negotiated the contract, the County has had the public hearing, and we are awaiting a return of the contract from the County. Please place this matter before the Planning Board. I wish to be present when the Planning Board discusses the plan so please let me know if it is on for the next meeting. If you wish to discuss this further please do not hesitate to contact me. Very truly,, ours, 7 atricia C. Moore LASER FICHE FORM SUBDIVISIONS SCANNED APR 1 3 2006 Project Type: Conservation Records Management _Status: Final Approval SCTM # : 1000 - 51 .-3-4.3 Project Name: Purita Frank Location: The property is located n/o the intersection of Old North Road and CR 48 and s/o Sound View Avenue in Southold. Hamlet: Southold Applicant Name: Frank Purita Owner Name: Purita Frank Zone— 1 : A-C Approval Date: 8/22/05 PLAT Si ned Date- Slag/04 OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: Cand R's : Homeowners Association R and M Agreement Address- The property is located n/o the intersection of Old North Road and CR County Filing Date- SCAN ate• SCA— N Date: I