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HomeMy WebLinkAbout1000-31.-3-11.30 ~T~Y THAT I HERE~.)~ C~ THE ~IA TER SL/PF~. Y($)AND / OR DISPOSAL SYSTEM(S) FOR THIS RROUECT ICERE DESI~AVEO BY ME OR UNDER MY DIRECTION. ~,ASED UPON A CAREFUL ~D THROUBU STUDY OF THE $011.~ S~TIE AND GROUND~A TER CONDITION$~ ALL LOTS ~ AS PROROSED~ CONFORM TO THE SUFFOLK COUNTY. TH SERVICES CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DATE. DA TE c/ PLANN h".tG BOARD TO~,Y~.' OF 5OL~'HOLD THE SUBDIVISION PLA T HAS BEEN APPROVED OF SOUTHOLD BY RESOLUTION BOARD T THIS SUBDIVISION PI~A T WAS MADE FROM THAT ALL MONUMENTS EXIST AND THEIR POSITIONS ARE CORRECTLY AND 6EODETIC DETAILS ARE CORRECT. TEST HOLE FROM "SUBDIVISION MAP HI~HPOINT; SEC. A'T EAST MARION, SECTION THREE" DATED dULY IS~ 1991 SITE DA TA OVERALL AREA = 3.7470 ACRES OR 165~2E9 ~.F. LOT I AREA /33,229 S.F, LOT ~ AREA = 30,000 S.F. IN THE EVEN.T OF FUTURE SUBDIVISION 0t' LOT I, THE YIELD CALCULATION OF LOT I MUST DEDUCT I0,000 s'~l. fl. OF LOT ~ PERMANENT CLUSTER O~ SPACE CON'TOUR AND ELEVATION$ ARE REFERENCED TO THE FIFE EASTERN TOYIN$ TOPO~RAPHIC MAPS ~OA [~_ SHO~N ON "SUBDIVISION ,MA~P HIDHPOINT AT ST I~fARION, ~QTION T~EE FILED IN THE SUFFOLK ~TY ~K~ ~flE ON JUL Y 15~ 1991 FILE NO. ~19 NOT ~OFN ~REON. ZOHIN~ DIETRICT, HB & R-40 FIRE DISTRICT, EAST MARION SCHOOL DISTRiCT, EAST MARION ORNER & APL£ICANT , EAST MARION FIRE DISTRICT 9395 MAIN ROAD EAST MARION, ~ ~ #939 THIS MAP IS A CLUSTER SUBDIVISION DESl9NED ~. ~ ACCORDANCE YtlTH NYE. ?~vm~N LA~ ~ECnON ~e AND SOUTHOLO CODE SECnoN IO0-teO TEST HOLE THiS FINAL ~ OF THE CLiJSTERED SET-OFF FOR EAST MARION FIRE DISTRICT~' ' CONFORM AND COMPLY FITH TO ARTICLE XYIII SECTION I00'1~1 OF' THE SOUTHOLD TORN CODE AS REQUIRED . SUFFOLK COUIVTY DEPARTMENT OF HEAL TH SERVICES HAUPPALI~E~ N. Y, 2OO4 CLUSTER SET OFF FOR EAST MARION FIRE DISTRICT A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. c OO- LE.. I = I00 MAY~, 2OO3 MA Y ~J, co003 KEY MAP scale: I" = 600' ROAD TYPICAL PLOT PLt4N N, Y.S. LIC. NO. 49E/8 PECON/C SURVEYORS! P.C. (~B$1i 765 "'50~0 FA~X (63l) 765 - 1797 ?. '0. BOX 909 1230 TRA VELER STREET SOUTiHOLD, N.Y. tlgTI PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 13, 2004 Edward Boyd, Esq. P.O. Box 1468 54655 Main Road Southold, New York 11971 Re: Proposed Set-Off of East Marion Fire District Located on the north side of New York State Route 25, approximately 367 feet west of Stars Road, known as 9395 Main Road, in East Marion SCTM#1000-31-3-11 /? Zones: HB & R-40 / Dear Mr. Boyd: · ~ The Southold Town Planning Board, at a meeting held on Monday, July 12, 2004, adopted the following resolution: WHEREAS, this proposal is for a cluster set-off of a 30,000 square foot parcel from an existing 163,229 square foot parcel located on the north side of New York State Route 25, approximately 367 feet west of Stars Road, known as 9395 Main Road, in East Marion, SCTM#1000-31-3-11; and WHEREAS, following the transfer, Lot 1 will equal 133,229 square feet and Lot 2 will equal 30,000 square feet, pursuant to Article XVIII Cluster Development (100-180) of the Town of Southold Town Code, whereby the additional 10,000 square feet normally required for Lot 2 is being left with Lot 1; and WHEREAS, on May 12, 2003 the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action. The Planning Board established itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on June 23, 2003 the East Marion Fire District responded to the Planning Board that no fire well is required; and WHEREAS, the applicant sought to extend the conditional sketch plan approval two times and the Planning Board granted the extension for six months each time; and WHEREAS, the final map was revised to include the proper size of Lot 1 & Lot 2 to East Madon Fire District - Pa,qe Two - 7/13/04 reflect the covenant and restriction that, in the event of future subdivision of Lot 1, the yield calculation of Lot 1 must deduct 10,000 square feet of Lot 2 permanent cluster open space; and WHEREAS, the Suffolk County Department of Health Services, on April 8, 2004, issued a permit number R10-04-0022 for a four bedroom house on the survey prepared by John Metzger, dated December 9, 2003; and WHEREAS, the Suffolk County Department of Health Services approved the subdivision on May 9, 2004; and WHEREAS, the applicant recorded the above-referenced covenant and restriction, dated May 18, 2004, with the Suffolk County Clerk Records Office on May 19, 2004, liber 12320, page 36; and WHEREAS, the applicant received approval from the New York State Department of Transportation for the curb cut permit number 10-04-0178 on July 8,2004; therefore, be it RESOLVED, that the Southold Town Planning Board grant final approval of the map, dated May 9, 2003 and last revised May 21,2003, and authorize the Chairperson to endorse the final map, subject to the following requirements: The 2 story framed house structure located on Lot 1 be moved within six (6) months of the date of this resolution unless an extension of time is requested by the applicant and granted by the Planning Board. The new location of the structure must be within the building envelope of Lot 2 and conform to all applicable setbacks as defined by Section 100-31 as required by the Town Code of the Town of Southold. If East Marion Fire District fails to adhere to these requirements within the prescribed time periods, this approval shall become null and void. Enclosed please find a copy of the map that was endorsed by the Chairperson. The mylar maps, which were also endorsed by the Chairperson, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Chairperson encl. cc: Building Dept., Tax Assessors SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 3 Receipt Number : 04-0057595 District: 1000 Recorded: At: 05/19/2004 09:24:56 AM LIBER: D00012320 PAGE: 036 Section: Block: Lot: 031.00 03.00 011.030 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Exempt Instrument Handling NYS SRCHG Notation RPT Page/Filing $9.00 NO COE $5.00 NO TP-584 $0.00 NO Cert.Copies $5.00 NO SCTM $0.00 NO Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County Exempt $5.O0 NO $15.00 NO $0.00 NO $30.00 NO $69.00 Number of pages TOP. RENS Serial # 5 Certificate # Prior Cfi. # Deed / Mortgage Instrument Page / Filing Fee . I landling 5~ TP-584 Deed / Mortgage Tax Stamp FEES 'Notation EA-52 17 (Co,gnty) Sub Total EA-5217 (State) I~. P.T.S.A. Comm. of Ed. Affidavit Rog Copy Other S O0 Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section B lock \o Lot , Initia~'~ 71 Satisfitc o is/D scharges/Releases List Property Owners Mailing Ad~lres! RECORD & RETURN TO: Recording / Filing Start/ps Mortgage Amt, _ 1. Basic Tax 2. Additiooal Tax Sub Total Spec,/Assit. Or Spec,/Add. __ TOT. MTG. 'FAX Dual Town Du:fl (ocm) _ ....... Held for Apportionment Trans£er Tax Mansion Tax The property covered by Ibis morlg; .Lc ts will be improved by a o~c or t,v,~ dwelling only. YES or NO If NO, see approp}'iate t~t× ch:use o~ __ of this instrument 6 Preservation Colrllnunity Consideration Amount $__ _ ~' ..... CF'F Tax Due S (3 I TD ....... FD Title Compa,,y il;fo,'nmtiuu Co, N._a,n e Ftc# Suffolk County Recording & Endorsement Page 'Ilais page Iht'ms pm of the attached c~.~,¢,~<,,o o~- Qo,oc,.,m~:-~ -,, 'Q~<,r~c-c o,o ~ (SPECIFY TYPE OF INSTRUMENT ) ~ll~e premises herein is situated in SUFFOLK COUNTY, NEW YORIL In the Township of In the V1LLAGE or HA.Mi,F_,T of BtOXILS 5 'l't tRU 9 MUST BE TYPED OR PRiNFED IN BLACK INK ONLY PI~I.O[UI O ILECOI~.DIN(; , 3[~, I I1.1 'L, THIS DECLARATION made this \~-day or' May, 2004 by EAST MARION FIRF. DISTRICT. a municipal corporation, having its principal office and place of business at 9245 Route 25, P.O. Box 131, East Marion, New York, 11939, hereinafter referred to as the DECLARANT, as the owner of the premises described in Schedule "A" annexed hereto (hereinafter ret'erred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purpose 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. WHEREAS DECLARANT has made application to the Southold Town Planning Board for a cluster set-off of a 30,000 square foot parcel from the existing 163,229 square foot parcel located in the R-40 Zoning District which requires a minimum of 40,000 square 1'eet per lot for yield purposes; and WHEREAS following the set-off Lot 1 will equal 133,229 square feet and Lot 2 wilt equal 30,000 square feet, and pursuant to Article XVII[ Cluster Development (100-180) of the Town of Southold Town Code, whereby the 10,000 square feet area required for Lot 2 is being included with Lot 1; 3. THEREFORE, DECLARANT, its successors, heirs or assigns, AGREES that in the event of future subdivision of Lot 1, the yield calculation of Lot 1 must deduct the 10,000 square feet of subdivision cluster open space committed to meeting the minimum lot size of Lot 2. This Covenant and Restriction 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. EAST MARION FIRE DISTRICT -[5o~{ald Dzenkow~¢~, Ch, it' an State of' blew York, County of Suffolk).: On the \¢[ th day of May, in the year 2004, before me, the undersigned, personally appeared Donuld Dzenkowski, personally known 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, and that by his/her their siguature(s) on the instrument, the individual(s), or the person upon behalf of~fch the individual(s) acted, executed the instrument. ~'~...-'-~'~ ~ .. _ EDWARD JONN BOYD 5th ,~ ..... _~_ ............ Flotary Public State ol New York 02B00376625 SuIlolk County Notm~ Public, State of New York 'Commission Exl/ires April 30, 200"1 Suffolk County Tax Map 1000; 031.00; 03.00; STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COUR'I OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORDi DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEED LIBER ],~;~q.O AT PAGE ~t,$,., RECORDED d~--/~-o~z' 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 CLERK ,, o ....... ,~, SCHEI)ULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of Nexv York. bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (S.R. 25), which point is southwesterly along said northerly side of Main Road 364 feet from the intersection formed by ' the northerly side of Main Road and the westerly side of Stars Road; RUNNING THENCE along the northerly side of Main Road, South 39 degrees 02 miuutes 00 seconds West, 293.44 feet to land of East Marion War Memorial Association; THENCE along land of the East Marion War Memorial Association the following t~vo courses and distances: 1) North 52 degrees 06 minutes 30 seconds West, 100.43 feet; and 2) South 65 degrees 40 minutes 00 seconds West, 19.38 feet to land now or formerly of Sylvia M. Daley; THENCE along land now or formerly of Sylvia M. Daley the following two courses and distances: 1) North 24 degrees 05 minutes 00 seconds West, 167.42 feet; and 2) South 66 degrees 20 minutes 00 seconds West, 106.24 feet to land now or formerly of Geatrakis and George Kortsolakis; THENCE along land now or formerly of Geatrakis and George Kortsolakis North 24 degrees 1 l minutes 50 seconds West, 241.74 feet to land now or tbrmerly of Highpoint at East Marion, Section Two, Inc.; THENCE along land now or formerly of Highpoint at East Marion, Section Two, loc., the following two courses and distances: 1) North 65 degrees 48 minutes 10 seconds East, 175.0l feet; and 2) North 71 degrees 21 minutes 31 seconds East, 249.73 feet to land now or formerly of Despina & Steve Moraitis Living Trust; THENCE along land now or formerly of Despina & Steve Moraitis Living Trust South 25 degrees 59 minutes 17 seconds East, 342.67 feet to the northerly side of Main Road (S.R. 25), tiao point or place of BEGINNING. Suffolk County Tax Map I000; 031.00; 03.00; 63!?E,~5969 ED!4AR9 ~T :o~r ESQ THIS DEC, LAIL~.TION made ~is day of May, .004 by a municipm corporation, having its principal office and place P.O. Box 131, East Marion, New York~ 11%9, hereinafter referredto the DECLARANT. the owner ofth~ premtses described m Schedule A anuexcd here[o the PREMISES) desires to resmct the use and enjoyment of smd purpo,e determined to impesc on said PREMISES covcnams and restrictions and docs hereby declare that said PREMISBS shall he held and shall be conveyed subjecl to the ibllowin2 Covenants and Restrictions: 1. WHERt~AS DECLARANT has made application to the Southold Town Planning Board for a cluster set-off ora 30,000 square foot parcel fi.om the ex/sting 163,229 square toot parcel located in the R-40 Zoning Dismc~ which r~quires a minLmum of 40,000 square feet per lot for yield pm'po~es; and 2. WHEREAS fbllowing the set-off Lot 1 will equal 133,229 square feet and Lot 2 will equal 30,000 square f~et, and pursuant to Ankle XVIII Cluster Development (100.180) of the Town of Southold Town Code, whereby the 10,000 square feet area required for Lot 2 is being included with Lot 1; 3. THEREFORE, DECLAP,_ANT, its successors, heh's or assigns, AGREES that in the event of future subcliv~sion of Lot 1, the yield calculation of Lot 1 must deduct the 10,000 square feet of subdiviaion cluster open space committed to meeting the minimum lot size of Let 2. This Coxenar~t and Restriction shall mn with the land and shall be binding upon the DECLARANT, its successors and as.~igns, and ut:mn all persons or emities claiming under them. EAST MARION FIRE DISTRICT Donald Dzenkowski, Chairman State of New York, County of Suffolk).: On the th d~y of' Mayl, in the ye~ 2004, before rat, the u~der~igned, p~rsonally appuarecl Doaald Dzeakowski, p~rsonall¥ Imown to me or proved tr~ m~ on the basis of sa~.isfaeto~ evidence to be the individual(s) whose name(t) il (are) subscribed to the within instrument ~md. aelmowledged to me that he/she/they executed ll~e same in bis~ler!their capacity, and th~ by hlt[~her their signature(s) on the instrumem, thc individual(s), or the person upon behalf'of which t~h~ individual(s) acted, executed the instrument Public State of New Yora B, Yf2 ACRE PARCEL LOCATED ON ~,~o~ ~ g~ ~-~ ~ ~/to~ IN ~4 ~v ./~ ,o~ SCTMn 1000- ~ I- 3 -It. 3o I SET OFF ~ Complete appliCation received Application reviewed at work session Applicant· advised of necessary revisions Revised submission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewell location Notification to applicant to include on final map Sent 'to County Planning Commission Receipt of County Report Review of SCPC report ' Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of set off -with conditions Endorsement of set off PLANNING BOARD MEMBERS BENNETT ORLOWSKI~ JR. Chairman WILLIAM J. CREMEHS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: East Marion Fire District Suffolk County Tax Map # 1000- 31-0 3 - 11.3 0 Type of Subdivision: ~ MYr~ Set-Off Cluster Subdivision: No Hamlet: Street Location: East Marion 9395 Main Road S0uth01d Town Acreage: 3. 747 planning [30ard Number of Lots: two Zoning District: R-40 Date: March 27, 2003 Please list name, mailing address, cmd phone number for the people below: Applicant: East Marion Fire District Box 131 East Marion, NY 11939 Edward J. Boyd, Esq. (477-0163) Agent handling the application: (Contact Person) Box 1468 Southold, NY 11971 East Marion Fire District 765-1555) Property Owner(s): Surveyor: Peconic Surveyors, PC 1230 Traveler Street Southold, NY 11971 765-5020) En~ne~: Attorney: Edward J. Boyd~ Esq. Box 1468 Southold, NY 11971 (765-1555) Other Agent(s): Has this property had a previous application to the Planning Board? Has this property previously received a SEQRA review? Have you had any pre-submission conferences with the Planning Board? Does this application have variances from the Zoning Board of Appeals? Appl. No. Date Is this property adjacent to any bodies of water? ~ No Are there any wetlands on the property? ~ No Are there public water mains in an adjacent street? Yes ~ Is public water proposed for the subdivision?Yes ~ Is the majority of the property forested? ~ No Is any part of the property in active agricultural use? ~ No Yes N~ Yes Yes N~ 3/27/03 Application No Is there an existing or proposed sale of development rights on the property? ~ No Is there a mortgage on the property? ~ No Does the owner own any adjacent properties? Yes ~ ~ No Are there any building permits currently pending on this property? $ignature of Preparer ~ ~ Da~ 3/27/03 State of New York County of Suffolk ss.: To: Southold Town Board of Appeals Southold Town Planning Board I, Daniel H. Wood, a Commissioner of the East Marion Fire District, hereby authorize Edward J. Boyd, Esq., to act as agent of the East Marion Fire District relative to the premises known and described by Suffolk County Tax Map No. 1000-31-03-11.30 in Southold, New York, and to handle all necessary work involved in the Area Variance Application and Set-Off Applications before the Southold Town Board of Appeals and the Southold Town Planning Board. Sworn to before me this 27th day of March, 2003 Notary Public CAROL A. MILLER NOTARY PUBLIC, STATE OF NEW YORK NO. 01MI6003086 QUALIFIEO iN SUFFOLK COUNTY COMMISSION EXPIRES FEBRUARY 23, ~ CERTIFICATE OF ABANDONMENT PURSUANT TO SUBDIVISION 3 OF SECTION 335 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK EAST MARION FIRE DISTRICT, a municipal corporation, having its principal office and pi:ice of'business at 9245 Main Road, East Marion, New York, 11939, for the purpose ofabandoniag and canceling the subdivision ora certain tract of land owned by it and hereafter described, pttrsuant to Subdivision 3 of Section 335 of the Real Property Law of the State of New York. does hereby certify: ~ 1. That a certain map subdividing such tract of land and other land situate in the Town of'Southold, County of Suffolk and State of New York, into lots, plots, blocks and streets, entitled "Map of Highpoint at East Marion, Section 3, at East Marion, Town o£ Soutiaold. Suftblk County, New York," filed in the Office of the Clerk of the County of Suf}blk on Jul3 15. 1991 as Map No. 9119. 2. That more than eleven years have elapsed since the filing of said map. 3. That the tract of land owned by the undersigned is situate in the Town of So;ahold colasists of an area not less than one half acre consisting of the lots described as follows: All that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York. known and designated as Lots 50, 51 and 52 inclusive, on a certain map entitled, "Map of Highpoint at East Marion, Section 3, at East Marion, Town of Southold. Suftblk County, New York," filed in the Office of the Clerk of the County of Suffolk on July 15, 1991 as Map No. 9119. 4. That fine Lots above mentioned are unimproved for the use or'an> owning occupan/ or any other persons having an interest in any part of the said subdivision of lands as sho~sn on the aforesaid map. 5. That tile said Lots are hereby abandoned and canceled and effective ~ith due approxal and recording thereof, said Lots shall no longer exist. 6. Endorsed hereon will be the approval of the Board of Assessors of the Town of Southold. 7. Submitted herewith is an Abstract of Title to said Lots to be abandoned coveting a period of at least twenty years last past and a certificate ora licensed Title Company to the d't'cct that there are no unpaid taxes of tax liens against said lands. in witness whereof, this Certificate is mad and executed th~s \ day ofJanuar). 20u3 EAST MARION FIRE D1STRICT State of New York, County of Suffolk).: On the"'g.\ '.,I,~ day of January, in the year 2003, before me, the undersigned, personally appeared %,--,~,.-~ %',-~,'-',~'~.¢.\ , personally known to me or proved to me on the basis of satisfactory ev,dence individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged Jo me that he/sine une> executed the same in his/her/their capacity, and that by his/her their signature(s) on the instrument, the indi', or the person ~alf'of which the individual(s) acted, executed the instrument ,.- ,.:,-, r'":yD ~ EDWARD ;'.. ,: ~ ~ I~otary Publk; 2~:¢e t,f Notar> Public, 5tare of New York Oom,.niss~on Exgires ~k?:'il 30, 2003 I, the undersigned, an Assessor of the Town of Southold, Suflblk County, New do approve and consent to the foregoing Certificate of Abandonment Dated: January2tsr-, 2003 TOWN OF SQ'LbT'!TI~LD~-R~, BOARD OF ASSESSORS ..... '-s---: State of New York, County of SuffollO.: /. / On the'/.\ th day of January, in the year 2003, before me, the undersized, personally appeared Roberl Scott, Jr., personally known to me or proved to me on the basis of satisfactory evidence to be the individu~d(s~ whose name(s) is (arc) subscribed to the within instrument and acknowledged to me that he/she/they executed thc same in his/her/lheir capacity, and that by his/her their signature(s) on the instrumen, he ~dividual(s), o, thc uebn'behalfof w~c~"the individual(s) acted, executed the instrument. ~4otary Public. Stat~ of New York EDWARD JOHN 90YD 5th Notary Public ?,ate of Fie,',/ Yorl~ 02BOOST~G2~, S~ilfolJ'; County Oomrnissioa [;:Fires Ap:il 30, 2OO,~ TITLE NO. 47174.SS CERTIFICATE OF ABANDONMENT FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, hereby certifies to the Town of Southold and/or County of Suffolk that it has searched the title to the premises herein described from a date 20 years prior to the date hereof and finds that title to said premises herein described is vested in: East Marion Fire District Subject to such mortgage, taxes, tax sales and assessments as appear in the annexed schedules, all of which are part of this certificate. This certificate is made and accepted with the understanding that the Company's liability hereunder is limited to such interest as herein set forth and in no event is the liability of the Company to exceed the sum of One Thousand Dollars ($1,000.00). DATED: FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK '"SANDRA J. GO[ESKI ASST. VICE PRESIDENT APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest or/the part of Town officers end employees, The pttrp0se of this form is to provide information, which can aler~ the Town of possible conflicts of int0rest gnd allow it to take whatever action is necessary to avoid same. YOUR NAME: East Marion Fire District (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name,) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, (or through your company, spouse, sibling, 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 which the Town officer or employee owns more than 5% of the shares. YES X 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: Donald Dzenkowski Title or position of that person:__ Senior Bay Constable Describe that relationship between yourself (the applicant) and the Town officer or employee, Either check the appropriate line A through D (below) and/or describe the relationship 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 ovmer of greater thau 5 % of the shares of the corporate stock of the applicant (when the applicant is a corporation); _~ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); X C) an officer, director, partner, or employee of tbe applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Chairman of the Board of Commissioners East Marion Fire District Submitted th~s ¢?th day of March~ 2003 Signature:~~_-- ~_ Print Name: Edward J. BQ~vd,_ Esq. PART 1--PROJECT INFORM 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 win 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 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 East Marion Fire District LOCATION OF ACTION (Include Street Address, Municipality and County) 9395 Main Road, East Marion, Town of Southold, Suffolk County NAME OF ApptIOANTmFONSOR East Marion Fire District JBUSINESS TELEPHONE ( 63~ 477-0163 ACORESS BoX 131 C117/PO ~,.¥ J STATE J ZIP CODE · ~ East ~{arion NY 11939 NAME OF Q~IER (1! dlffef~t) ' J BUSINESS( ) TELEI~HONE ADDRE~8 DESCRIPTION OF AGTION Set-off Pleue Cemplete Each QueHion-indicate N.A. If not applicable' A. Site Desodpti0n Physical setting of overall proJect~ both' developed ~nd undeveloped areas. 1. Present land use: OOrban Olndustdal nCommerclal IDResldentlai (suburban) C]Forest OA~riculture MOther ~4un ~ c'; r~ 1 qover~mPn f 3. 747 Public- Safety 2. Total acreage.of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres ac. ms. Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water: Surface Area acres . acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces ' c. 1 acres "c. 1 acres Other (indicate type) grass c. 2.7 acres c. 2.7 acres 3. What is predominant soil type(s) on project sitm' a. Soil drainage: F3WeI[ drained ~ % of site C]Moderate[y well drained % of site CIPoorly drained __ % of site b. If any agricultural land is In'volved, how many acres of soil are classified within soil 8roup 1 through 4 of the NY Land Classification System~' N/A acres, (See I NYCRR 370). 4. Are there bedrock outcroppil~gs on project s!te[ [~Yes a. what is depth to bedrockl' (In feet) 2 riRural (non~asm~ 5. Appro×imate percentage of prop-'~sed project site with slopes: [~0-10% _1OO _% [~10-1 5% ___ [~15% or greater 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 proiect substantially contiguous to a site listed on the Register of National Natural Landmarlcs? C]Yes g. What is the depth of the water table?.__ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ~Yes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? C]Yes 11. Does project:site containiany species of plant or animal life that is identified as threatened or: endangered? C]Yes ~No According to Identify ea,ch species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) E]Yes ~No Describe 13, Is the project site presently used by the cor~munity or neighborhood asan 'o~ space or recreation area? [DYes ~No If yes, ·explain 14. Does the' present site include scenic views known to' be important~t& the c6mmu~lt~i' ; ~Yes I~lNo .1S. Streams·within or contiguous to Project area:, None ' . , 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 ~e ' ' b. Size (In acres) 17. Is the site served by existing public utilities? I~Yes ~No a) If·Yes, does sufficient capacity exist to allow ¢onnectlon~ RaYes C}No b) .If.~s, will improyements be necessary to allow connection? ClYes I~No 18. Is tl~&'?slte,located in an agiJcultm;al, district certified pursuant to Agriculture 'and Markets' Law, Article 2~AA, Section 303 and 304~, r'lyes FaNo 19. la the site located In or substanUally contiguous to a Critical Environmental Area designated pursuant to Article of the.ECL, and 6 NYCRR 6171 ' C]Yes I~No ' 20. Ha~ the site ever been used for the disposal of solid or hazan:lous wastest' I-lyes ~No B. ProJeot Desorlptlon · ~1. Physical dimensions and scale of project (fill in dimensions as~ appropriate) a. 'Total :contiguous acreage owned or controlled by. project sponsor 3. 747 acres, · b. Project acreage to be developed: .69 ,. acre's Initially; L 69 acres ultimately. c. Project acreage to remain undeveloped ~) acres. ~, Lengtl~ of prolect, In miles: Nr/-~ (If appropriate) e. 'If the project is an expansion, indicate percent of expansion proposed _ 0 %; f. Number of off-street parking spaces existing ~¢/~. ; proposed N,/~. g. Maximum vehicular trips generated per hour .25 · (upon'completion Of project)~ h. If residential: Number and type of housing units: One Family Two Family Multiple Family Initially 1 Ultimately 1 I. Dimensions (in feet) of largest proposed structure, 25 height; ,,,,48 width; 38 length. j. Linear feet of frontage along a public thoroughfare project will occupy is/ .].3{~ ft. 3 Condominium 2 How much natural material ., rock, earth, etc.) will be ~emoved from site? 0 . tons/cubic yards 3. will disturbed areas be reclaimed? E]Yes ONo [~N/A a. If yes, for what intended purpose is the site being reclaimed? N/A b. will topsoil be stockpiled for reclamation? OYes [~No c. Will upper subsoil be stockpiled for reclamation? OYes 12fNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes I~No 6. If single phase project: Anticipated period of construction .6 months, (including demo t on) 7. If multi-phased: a, Total number of phases anticipated (number)· b. Anticipated ~ate 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.;' OYes ONo 8. Will bias,ting occur during construction? 0-1Yes 9. Number:~f jobs generated: during construction 0 ; after project is complete , 0 . 10. Humbe~bf jobs eliminated by this project 0 11. Will proje~ recLu[re relocation of any projects or facilities? I~Yes [3No If yes, explain , , uD±zc water and electric for residence must be move~ · 12. Is surface liquid waste disposal involved? C]Yes EINo a. If yes, indica.te 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? · I~Yes ONo Type single family sewaqe svs' 14. Will surface area of an existing water body Increase .or decrease by 'proposal? r'lye~. , I~No Explain. 15. Is project or any portion of project located In a 100 year flood plain?. I-lyes '~]No 16. Will the project generate solid wastei' I-lyes I~No a. If yes. what is the amount per month tons b. If yes, will an existing'solid Waste facility be used? nyes [3No c. If-.ye% 81ve name ,, ; location d. Will,ny wastes not 8o into a sewage disposal system Or into a sanitary landfill? aYes e. If..~e% :explain _ 18, 19. 20. 21. Will the project involve the disposal of solid waste? I-lyes EgNo a. If yes, what iS the anticipated rate of disposal? tons/month. b. If yes, what Is the anticipated site life?, years. Will project use herbicides or pesticides? 0-1Yes ~No Will project routinely produce odors (more than one hour per day)? OYes Will project produce operating noise exceeding the local ambient noise levels? Will project result in an increase in energy use~' OYes I~No If yes , indicate type(s) ~]No C]Yes F~No 22. If water supply is from wells, indicate pumping capacity .N./A 23. Total anticipated water usage per day ,, 250 . gallons/day. 24. Does Project involve Local, State or Federal funding? C]Yes If Yes, explain gallons/minute. I~No 25, Approvals Required: City, Town. ViUage Board ~3Yes [~:No City. Town. Village Planning Board OYes City, Town Zoning Board [~Yes [:]No City, County Health Department [~Yes ~3No Other Local Agencies I-lYes ~No Other Regional Agencies [:]Yes :~3No State Agencies [:]Yes J~No Federal Agencies [Yes ~No Type Set-off SubmiUal · Date q./? 7./~ 3 3/27/03 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~Yes ~No If Yes, indicate derision required: ~: .C]zonlng amendment [~zoning variance rispecial use permit , :.risub. division , I-Istte plan E3new/revision of master plan Oresource management plan {~other Set.off. 2. What Is the zoning classificatlon(s)of the site? ~-40. 3~ What is the maximum potential development of the site if developed as' permitted by the present zoning? three single family residences' · 4=~WJ~t;Js'~the.proposed zen ng of.the.slteL . ~-4~ ,5. What,is the maximum potential development of the site if developed as permitted bythe'proposed ~,onin~ three single family residences 6. 'Is the~pn3posed action consistent with the recommended uses in adopted local land use plans[' [[]Yes 7. What,are the predominant land use(s) and zoning classifications within a ~ mile radius of proposed actlont' · ." k' R-40 and HB rind ~Yes riNo 1. Is the proposed action compatible with adjoining/surrounding land uses within a 14 mlle~ g.. If the proposed action is the subdivision of land~ how many lots are proposed~ 2 'a~ What Is the minimum lot size proposedI 30~ 000 square feet 10. Will proposed action requke any authorization(s) for the f~rmatlon of sewer.or water dlstrictst' C]Yes 11. 'Will,the proposed .action create a~dema~d~:fot:any.:community providbd:se~ices (recreation; :education; police, fire pmtectlon)~ OYes ~No · a. If yes, is existing capacity sufficient I[o handle projected demand;' I-lYes riND '12. WIIItheproposed action result in the generation.of traffic significantly above present levels1 I-lYes* I~No a. If yes, is the existing road network adequate to handle the additional traffic? oYes I-1No O. Info~ational Details Attach any add tonal information as may be needed to clarify Your project. If there are Or maybe any advee~e impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verifloatlon I certify that the~ormation provided above is true to the best of my knowledge. Appllcant/Spon~__~a~e ~East Marion F. ire D_istri___ct Date 3/27/03 SIsnatur~,/~ ~%__ ~-"~' .. Title .. Attorney/A. gent . . If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Asse~ment Form before proceeding with this a~elsmenl. 5 D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST A.t~ch any additional info,rmat!pn as may be n,eed,ed to qlarify your~project. If th~,,e are or may botany aaverse impacts associatea wire your proposal, meuse uiscuss SUCh impacts ana me measures WhiCh you propose to mitigate or avoid fhem. Existing single family residence with public utilities to be moved onto set-off lot~ · . 1. Provide explanation of existing site use, occupancy, structures, sanitary/low, water use; compare to proposed use, occupancy, structures, sanitary flow, water use. use will be the same as present with house to be moved to East. 2. Indicate the source of water supply, nearest public water main, nearest public well field, and adjacent private wells(ifknown). Suffolk County Water Authority water main runs along Main Road in fron of premises. 3. If publi'c water supply is proposed, indicate the ability of the water utility to provide water supply to the project. Provide letter of water availability or detailed explanation of status of review by water utility. Suffolk County Water Authority already provides water to residence - house simply to be moved to East. 4. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Pro~ide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. N/A 5. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts (If any). Cunservafion measures should include, but not be limited to: a. The u~e of drought tolerant plants for landscaping. b. Thc prcsaxation of existing native vegetative buffers. e. The conservation of existing open space areas. d. The implementation of "natural" stormwater management practices (grass swales, filter strips, created wetlands, etc...). "b" and "c" E. VERIleICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponge East Marion Fire District Date 3/2 7/o 3 Attorney/Agent ~%the ?c.tion is in the Coastal Area, and you~ are a state agency, complete the Coastal Assessment rm oemre proceeding with this assessmenu 6 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/23/03 Transaction(s): Application Fees Receipt#: Check#: 3248 Total Paid: 3248 Subtotal $25O.OO $250.00 ,/UN 2 3 Name: Clerk ID: East, Marion Fire District 9395 Main Rd P O Box 131 East Marion, NY 11939 LINDAC Internal ID: 77389 Submission Without a Cover Letter Sender: Subject: SCTM#: 1000 ~ ' Date: Comments: I~nning ~0ar~ P.ERM 42F./,8/93) Insurance Fee: 40.~ Total Receiv~q~{ '{' Check or M.O. No.: *Pern,,~t,~l~:P. RCCARTUY P, O. BOX 11e3 SOUTRO[O. NY 11971 attt STATE OF NF~ORK DEPARTMENT OF TRANSPORTATIOn '~II~IG H WAt~'_~_~ ~ K PERMIT ~ Permit No.: 10-04- 0178 1o/$4~2ee4 Project Identification No.: 8380 Expiration Date: e,~ SH No.: Deposit Rec. for $ / ! Check or MO. No.: 2see,aa Dated: Estimated Cost of~TPerformed in the State Right-of-Way $ ($ 25ee.~) Chargeable to Bond No.: or Undertaking on File: Billing Address: (Complete if different from above) Return of Deposit Made Payable to: (Complete if different from Permiltee) Underthe provisions ofthe Highway Law or Vehicle & Traffic Law, permission is hereby granted to the permi~ee to: To conctruct and peraanantly malnatln a reHdent[al access on the n/e of Rt 25 betveen MM'e 1689-1699 as per attache d plans and specifications. All york, pavaaent, sldevalk and ROW restoration shall be to the satisfaction of the Res · Engr, All WORK SHHLl BE OOME IN ACCORBAMCE WITH RPPROVBB PlNNS OR ROBE. NRINTENRNCE & PROTECTION Of TRNFFIC SHAll BE THE RESPONSIBILITY OF THE PERMITTEE UNTIl COMPLETION OF RLL WORK, ETC, THE PERMll-TEE IS RESPONSIBLE FOR THE MAINTENANCE AND PROTECTION OF TRAFFIC. ANYONE WORKING IN THE STATE HIGHWAY RIGHT-OF-WAY IS REQUIRED TO WEAR HIGH VISIBILITY APPAREL (ORANGE/YELLOW) AND HARD HAT. Coun~F_F0lN SOUTH0IO Municipality .25 Route # - ss set forth and represented in the attached application at lhe particular location or area, or over the routes as stated therein, if required; and pursuant to the conditions and regulations general or special, and methods of performing work, if any; all of which are set forth in the application and form of this permit. Datdllll~:AU E, N.Y. D .A,,~oJ,,,, Commissioner,ef Transportation. EUGENE SNITH . I~PORTANT BY:r~~_~ ' ITHIS PERaE, ~TH APPLICATION AND DRAWING (OR COPIES TH~R[O~ AWACH[D SHALL B~ P~CED IN TH~NDS OF TH[ CONTRACTOR I B~FOR[ ANY WORK BEGINS. TH( HIGHWAY WORK ~ERalT SHALL BE AVAILABLE AT THE ~IT[ DURIN6 CONSTRUCTION. IB~FORE WORK I~ STA~D AND UPO~I~ COMPL~ON, TH~ P~RalW(~ ABSOLUTELY MUST NO3E TH( RESlD(NT ENGINEER, (StG)727-t73t RIVERHEA0, NE~ YORK UPON COMPLETION OF WORK AUTHORIZED, ~ FOLLOWING WILL B( COWPLETED, SIGNED BY THE PERaI~ AND D~LIVER(D TO THE R~SlD~NT ~NGIN~R. Work authorized by this permit has been ~mpleted. Refund of deposit or return/release of bond is requested. DATE PERMI~i'EE AUTHORIZED AGENT (If Anyi Work authorized by this permit has been satisfactorily completed and is accepled. Reverse side of this form must be completed. Refund of Deposit is authorized Return of Bond is authorized Amount charged against Bond may be released Retain Bond for future permits Other DATE RESIDENT ENGINEER The Regional Office will forward this form to the Main Office with the appropriate box checked. Permit closed Bond relurned/released Refund of Guarantee Deposit on this permit is authorized Other DATE REGIONAL TRAFFIC ENGINEER The issuing authority resen/es the right to suspend or revoke this permit, at its discretion without a hearing or the necessity of showing cause, either before or during the operations authorized. The Permittee will cause an approved copy of the application to be and remain attached hereto until all work under the permit is satisfactorily completed, in accordance with the terms of the attached application. All damaged or disturbed areas resulting from work p~rformed pursuant to this permit will be repaired to the satisfaction of the Department of Transportation. * Upon completion of the work within the state highway right-of-way, authorized by the work permit, the person, firm, corporation, municipality, or state department or agency, and his or its successors in Interest, shall be responsible for the maintenance and repair of such work or portion of such work as set forth within the terms and conditions of the work permit. SPECTtON RFPO~T oc,q I(E.-,) I.~ REQU RED. F'N i2 (PE~; Il I 'NSPECTION CO,% t~,L~(;f-)i]D !:OF{ DEP~'q? I f¢ff_hll' or- d * ~* ¢) 1. NAME: 3 6 I'C)T&L ttOLJf~S: Add '~cross [(~ R af,,d Q Add the c.4urnqs for R and O, I~, ~Eil, ~?:;ERVAT!ONS I t4EFiEBY C~i;IiFY FHAf q}tE~ INFORMAHC/N GONiAIN~D A[3OVE IS 'FF'~UE I\ND CO;3REOT 1"'.) FltF- BES[ OF MY KNr~WL NAME ............................................ ill LE ~ ' h~ Boring, Jacking, and Tunnuiing Methods al All the requirsments of R,1. a. f.) DESIGN al through f) shall apply. hi Dpen excavetions shall ge protected with the required controle for safety and for the maintenance and protection of traffic in eecordance with the Naw York State Department of TransportaDonn, Manual of Uniform Treffic Control Devices. CONSTDDCTION a~ All the requirments of D. f. a. t.I CONSTROCTION shag apply. C. sUReASE, PAVEMENT AND SHOULDER REQUIREMENTS (inclnding manholes) 1. Subhose a. The suhhase course shall be a minimum of 12 inches thick unless otherwise approved. The material shall meet the requirements of current Department of Transportation sebbase course item as specified by the Regional Sods Engineer. b. Under the pormit, cmlstnJction w~ch adve~seSy affects tho suhsuf face drainage of tho pavement strncture shaft ho co,rooted hy the eddBlen of surface or subsurface i~'uins, as required. 2. Pavement and Shoulders a. Permanent The replaced pavement shaft be similar to the existin9 pavement in composition and texture. The selection of the material type and compositon shall be subject to the approval of the Regional eirector or his representative. The limit of pavement replacement shag be such that the replaced pavement is supported by thoroughly compacted subbase material and the pavement is restored to the proper grade, cross-slope and smoothness. When bituminous concrete mixtures are required for the pavement replacement, the layers shall consist of one or a combination of mixture types contained in Table 401.1, Composition of Bituminous Plant Mixtures in Section 401 of the New York State Department of Transportation's Specification, including addenda. The mixture shall be placed at the proper temperature, without segregation, and compacted thoroughly. When portland cement concrete mixtures are required for pavement replacement, the mixtures shall consist of either Class C or Class F as contained in Table 501-3, Concrete Mixtures in Section 501 of the New York State §apartment ef Transportation's Specifications, includiflo addenda. Class F is a high early strength mixture and should be used when early opening to traffic is desired. The concrete mixtures shag be placed without segregation, then consolidated, finished to the proper elevation, and textured. Curing the concrete povement shall be in accor- dance with one of the methods permitted in Section 502 pertaining to curing. Pavement shoulders, curbs, gutters and other incidental features shall be replaced in kind unless otherwise approved by the Regional Director or his representative. h. Temporary Pavement thpt is replaced temporarily may be paved with either a hot bituminous concrete mixture mentioned above or a cold bituminous patching mixture. When a cold patching mixture is used it shall consist of aggregate and bituminous material proportioned and mixed in 8 bituminous mixing plant or rotating paddle shaft pugmgl. Regardless which patching mixture is used it shall be laid on a prepared foundation and thoroughly compacted. Since cold bituminous patching mixtures ate subject to distortion by traffic, the temporary patch shall be maintained to provide a smooth surface until the pavement is permanently replaced. 3, Manholes Manhole frames and covers shall have sufficient structural adequacy to support the roadway traffic. The type of manhole frame and cover shall be approved bp the Regional Oicector or his representative. The manhole frame shall be set flush with the surface of the roadway unless otherwise permitted by the Regional Director or his representative. O. MAINTENANCE ANO PROTECTION OF TRAFFIC 1. Traffic is to be maintained at all times during the progress of this work and adequate signs, barricades and lights shall be provided in accordance with the provisio~s of Sub-chapter H of the N.Y.S. Department of Transportatlen*s Manual of Uniform Traffic Control Devices. A maintenance and protection of traffic plan may be required. No lanes shall be closed without prior approval. 2. The applicant shall erect and maintain suitable barricades around all trenches while work is in progress for the protection of the public, and they shall be suitably lighted by yellow lights at night. The work shall be carried on in such manner that not more than 1(10 feet of trench in earth remains open at end of day's work. 3. No pavement cuts are to be left unOged over night, except in emergencies, and in such cases, adequate precautions must be exercised to protect traffic. Prior approval must be obtained to use steel plating. 4. No construction materials or equipment shag be left off the shoulders or pavement after working hours, nor shall any construction equipment or material be pieced in any manner or location that will obstruct highway or railroad warning signs. 5. All open trench in the highway right-of-way shall be barricaded. There shall be conspicuously displayed bright red flags no less than 24" x 24" attached to such barricades and illuminated at night with flashing yellow lights. If in the judgment of the representative of the Commissioner of Transportation, Nagmen are necessary, they shall be employed by the permittee and off duty at all times during the progress of the work so as to direct traffic ann maintuin yellow flashing lights, etc. 6. Soft shoulder signs of adequate size, not less than 24" square, shall be erected and maintained on all backfgl trenches within the shoulder area until the backfill is thoroughly settled. These signs shog be located at the beginning of each section of work at intersections and at a distance not greater than 1000 feet apart. 7.During winter conditions highway shoulders shall be maintained free of obstructions which would interfere with snow removal and ice control. 8. The permittee shed keep the traveled way free of foreign objects such 8s rocks, timber and other items that may fag from transportin0 vehicles. Spillage of material carried by or dropped from the under-carriage Qf any carrying vehicle resulting from the permittee's hauling operations along or across any public traveled way shall be removed immediate- ly and such traveled way, both within and outside of the work limits, shag be kept free of such spigaBe by the permittee. E. COMPLETION OF WORK 1, All work is to be performed in a manner approved by the Resident Engineer of the State Department of Transportation. 2. Ag disturbed areas shall be returned to their original condition in a manner satisfactory to the Commissioner of Transportation or his representative 3, The permittee shall be required to restore shoulders and ditches and clean up the highway as his work progresses. All driveways shall be restored with material in kind and to their original conditions. 4,All surplus earth and rubbish shall be cleaned up 8nd removed from the highway right-of-way upon completion of the work, and the highway left in a neat and orderly condition. 5. As built plans showing final grade of new instedation and existing underground facigties encountered shall be provided to N.Y.S.U.O.T. if variation from approved design plans occurred during construction. F. NECESSITATEO FUTURE WORK 1. The applicant agrees, that any present or future injury to or disturbance of the highway, its slopes or gutters, caused by placing mains and service pipe shag be repaired by the applicant at his own expense and in accordance with the requirements of the State Department of Transportation. 2. If necessity arises in the future because of the work on the State Highway system andlor its structures, requiring the removal, relocation or replacenmnt of the installation authorized by the permit, said work shall be done as directed by the Commissioner or his representative, and all cost and expense so incurred shag be the obggation of the said permittee or his successor in interest. II. TELEPHONE - TELEGRAPH iNSTALLATIONS A. SETTING OF POLES 1. All poles shall be set outside the ditch lines so that the proper drainage of the highway will not be interfered with. In case it is impracticable to set poles so as not to interfere with the flow of water in the ditches, the shoulder, ditch and space around the poles shall be paved by the applicant to protect against wash. 2.There shall be no obstruction to private driveways, connecting highways or roads, paths or sidewalks. 3. In case it is found necessary to trim trees within the boundaries of the highway, the least possible amount shall be done, and in all cases the consent of the abutting property owner must be secured before the poles are set and trees trimmed. 4. Poles shed be of sufficient length to provide a clearance of not less than eighteen feet between the wire and the crown of the hiohway, under the worst condUtions of temperature and loading. They shog be set in line and properly plumbed. They shall be wag guyed. Ne guying to tress, unicos by special permission of owner. Special precautions shall be taken on curves and where lines cross from one side of highway to the other. Poles shall be straight, sound, and the fittings shag be of sufficient strength to carry wires onder the worst condition of ioadin9 (ice, wind, otc). 5. Where telegraph and telephone wires cross high tension power lines, electric gght or trolley wires, special precaution shall be taken to maintain proper clearance under the worst condition of temperature and loading. 8. RESETTING POLES 1. if necessity arises in future, hocause of work on the highway, to relocate, replace or re-set poles, cables or conduits, said work shag be done at the expense of the appgcant. ill. SPECIAL CONDITIONS A. in addition to the aforementioned conditions, if it is found necessary by this Department to add to or otherwise modify the same, it is to be understood such changes shall form e part of the permit and be complied with immedietuiy upon notice. IV. ADDITIONAL SPECIAL CONDITIONS AND SKETCHES - See Attached Sheet. PERM 41-1d (4186) I. GENERAL CONDITIONS METHOD OF PERFORMING WORK WITHIN THE STATE HIGHWAY RIGHT OF WAY These conditions and regulations apply to Highway Work Permits authorizing work within the State highway right.of-way for wate~ mains, gas mains, sewer lines and miscellaneous structures. General conditions apply to telephone and teiograph instaliaUons as well as specific conditions on the setting and resetting of poles. These coedOons, and any special conditions which are added to this form, are enforceable by the Department of Transportation. A. TIME 1. Work under the permit shall be commenced within thirty 1301 days from the date of permit issuance unioss a later starting date is approved by the Regional Traffic Engineer. B. REQUIRI~MENTS All the current requirements of the following shag apply: Occupational Safety and HeaRh Administration, Federal Department of Labor, Safety and Health Standards (29 CFR 192611910); Part 131, Title 17, New York Code of Rules and Regulations, Accommodation of Utilities Within State Right-of-Way; New York State Department of Labor, Industrial Code Rule 23, Protection of Persons Employed in Constcuction and Demolition Work; industrial Code Rule 53, Construction, Excavation and Demolition Operations At Or Near Underground Facilitios, Temporary soil erosion and water pollution controls shall be used as required. The final decision on the method of underground installation will be made by the Regional Director or his representative. 1. Work Within Pavement and Shoulder Areas a. Installations that cross the pavement and shoulder area. Wherever practical, ag underground installations shall be placed henealh the pavement and shoulder areas without disturbance to these paved surfaces. 1} Boring, Jaching, and Tunneling Methods DESIGN The location of all excavations ~iacking pits. etc.) shall be shown in plan and profile. b) The sod profiio and groundwater conditions shall be determined by adequate subsurface exploration. c) The location of all other existing utilities shall he shown. d) The construction equipment and procedures to be used shall be described in the permit application, The design of all excavations, including ground and surface water control where necessary, shag be made available for review by the Department. f) The underground installation shall he described in detail, i.e. ioze, length, depth, material, provisions for grouting, etc. g) Pipes shall generally be enclosed in sleeves or larger pipes. Small diameter services (2 inch I.D. or smaller} may be placed without sleeving at the discretion of N.Y.S.D.O.T. hi The gmim of an open excavation shag not be closer than 10 feet to the edge of the pavement unless approved by the Department. Open excavations shall he protected with the required controls for safety and for the maintenance and protection of traffic in accordance with the New York State Department of Transporta- tion. Manual of Uniform Traffic Control Devices. CONSTRUCTION a) Groutin9 operations may be required if surface settlement, ions of soil or voids around the pipe develop. When grout is required, it shed consist of t part cement to 2 parts sand, by volume, and sufficient water to produce a consistency suitabio for placing the grout. b) Backfill of open excavations shall be as required under 2.1 fl Open Excavation Method. 2) Open Excavation Method DESIGN a) The location of all pavement crossing by the open excavation method shall be shown in plan and profile. bi The soil profile and groundwater conditions shall be determined by adequate subsurface exploration. c) The location of all other existing utilities shall he shown. d) The design of all excavations, including ground and surface water control where necessary, shall be made avaiable for review by the Oepartment, When requested, the construction equipment and procedures to be used shed be described in the permit application. f) Pipe installations shag be done according to the requirements of the appropriate New York State Department of TransportaUon's Standard Sheets. The required granular material shed meet the material requirements for Select Granular Fill in the current New York State Department of Transportation's Standard Specifications including addenda. Exceptions will only be agowed if prior approval is granted by the Regional Soils Engineer. g) Pavement shall be saw cut at termination points of pavement replacement. CONSTRUCTION Pavement and shoulder removal shall he done in a manner that provides for proper restoration of the replacement section. Straight, vertical cuts of the pavement will be required. Pavement surfaces that become undermined shall be cut back and removed. Alternative repair methods may be used if prior approval is granted. The backfill material shall be placed and compacted according to the requirements for backfilling structures, culverts, pipes, conduits and direct burial cable described in Section 200, Earthwork, New York State Department of TransportaGon's Specifications, including addenda. c) Generally, cuts shall be filled at the end of each working day. With prior approval, steel cover plates may be used. Recessing of these plates may he required. d) Temporary pavements and shoulders shag be placed as soon as a crossover installation is completed. b. Installations that are longitudinal to the pavement. t} Open Excavation Method DESIGN a) The location of all open excavations shall be shown in plan and profile. b) The soil profile and groundwater conditions shall be determined by adequate subsurface exploration. c) The design of all excavations, including ground and surface water control where necessary, shall be made availahio for review by the Department. d) The location of all other existing utilities shall be shown. e) Pipe b)stallaUons shall be done according to the requirements of the appropriate New York State Department of Transportation's Standard Sheets. The required granular material shed meet the material requirements for Select Granular Fill in the current New York State Department of TransportaUon's Standard Specifications, including addenda. Exceptions will only be allowed if prior approval is granted by the Regional Soils Engineer. CONSTRUCTION a) Pavement and shoulder removal shall be done in a manner that provides for proper restoration of the repiocoment section. StTaight, vertical cuts of the pavement will be required. Pavement surfaces that become undermined shall be cut back and removed. Alternative repair methods may be used if prior approval is granted. The backfill material shall be placed and compacted according to the requirements for backfilling structures, culverts, pipes, conduits and direct burial cable described in Section 200, Earthwork, New York State Oepartment of Transportation's Specifications, including addenda, c) Generally, cuts shaft be filled at the end of each working day. With prier approval, steel cover plates may be used. Recessing of these plates may be required. d) Permanent or temporary pavement shall be placed immediately as sections of the total installation are completed to subbase elevation. Gravel surfaces in shoulder areas may be used if prior approval is granted. 2) Boring, Jacking, and Tunneling Methods DESIGN ap All the requirements of B.1. a. 1.) DESIGN ap through g) shall apply. CONSTRUCTION al All the requirements of B.1 a. 1,} CONSTRUCTION a} and bi shall apply. b) Open excavations shag be protected with the required controls for safety and for the maintenance and protection of traffic in accordance with the New York State Department of Transportation, Manual of Uniform Traffic Control Devines. c) The requirements of B.1, b. 1.1 CONSTRUCTION d) shag apply. 2. Work Outside the Pavement and Shoulder Areas a. Dpen Excavation Method DESIGN a) All the requirements of B.1. b. 1.) DESIGN shall apply. b) Open excavotions shall be protected with the [equriod controls for safety and for the maintenance and profection of traffic in accordance with the New York State Department of Transportation, Manual of Uniform Traffic Control Devices. CONSTRUCTION a) The backfill material shall be placed and compacted according to the requirements for backRIling structures, culverts, pipes, conduits and direct burial cable described in Section 200, Earthwork, New York State Department of Transportatiofl's Specifications, including addenda. .~' ~ ~ STA]E OF NEW YOIqK DEPAF:{TMEN F OF TRANSPORTATION PREPARE 3 COPIES .~{~'" , ./~ HIGHWAY WOR~MIT APPLICATION FOR NON-UTILITY we (photocopies acceptah,e) ~ication is hereby made for a highway work permit: For Joint application, name and address of ~cond Applicanl ~low: FederaH.D. No. orSocialSocunlyNo, f ~ Applicant Telephone No. ~ ~ntact ,ersar, in case of emergency ~ e~ RETURN PERMIT TO (1I dlfferenl from Address City Slale Zip RETURN OF DEPOSIT/BOND TO (Complete only if different trom permitlee}: Name Address Ciiy State Zip City o ..3 Stale , Zip 20 '~ ~ , to apply to Ihe operalton(s) checked on Ihe reverse s~de, ; expires ¢) 20 SEQR REQUIREMENTS (Check appropriate ilem): Exemp~ Ministerial -- type 11 -- ElS or DEIS t OCA31ON: State Route Load Agency PERMIT IS ISSUED CONTINGENT UPON LOCAL REQUIREMENTS BEING SATISFIED PlA I/. .~mlON~E~ =~-NCED TO "CLUSTER SETOFF DISTRICT' FILED IN THE OFF/CE _ .~. r~LD TOFRV CLERK. The Iocelio~# of wells ~ cesspools shown he~eon ore from f/eld o~servafion$ end or from ~to obtoined from others. SURVEY OF PROPERTY A T EAST MARION TO WN OF SOUTHOLD ELEVATION$ ARE REFERENCED TO AN ASSUMED DA TUM. I ~ ~ eYlh Ihe STANDARDS F'OR APPROVAL 41VD CONSTRUCTION OF SUBSURFACE SEWAGE DtSPO,~L SYSTEMS FOR ~ F'AMIL Y RESIDENCES eed ~ aklde ~ lira coe~lfo~ ~el for~ Ittereln end on AREA = ~0~000 aq ft. ~ SUFFOLK COUNTY, N. 1000 - 31 - 03 - P/O I[30 Scale= I" = 40' Dec. 9, 2003 APR 2 7 2O04 Southolcl Town Plannin :$. LIC. NO. 496i$ (651) 765 - 1797 03-293 May 14, 2004 John M, Kennedy, Jr,, Attorney At Law 15 Addie Lane Nesconsel, New York 11767 ~,~:<. Ma'j 25 290zi !3:59 YourA~ril 28. 2004 Submission Residential Aaoass - McCa'thy Route 2!~ - East Marion SCTM- 1000-31-03-P/O 11.30 Dear IVm Kermedy: C~~ This is to ack-aowledse receipt ef your submisslon on the above permit application. This perrmt apphcauon should be sansiti :e to the Umque visual and historic setlkug of the Long Island North Shore Heritage Area, which mm from the Qu,ens/Naasau County line to Orient Point, and from Route 25 or 1495, whiohever is fatth~ south, north to Long Island Sound. In all future correspondence, please refer to the subject case number. The plans must also include the County lax nutp number. We have completed our review of your submission. The plans that you submitted ~'e v~ry good, however, the following ~tems shall be ad&*ssed prior to Highway Work Parrot. l~suance: The minimum width ora residential driveway is twelve (12) feet, Please revise the plans to show the minimum driveway width. An on site turn around area shall be shown on thc plans to preclude the possibility of a vehicle backing out onto Route 25, Please provide us with a site plan that shows the location of the house with an on site turn around ~rea. The Maintenance and Protection of Traffic plan shall be revised to show the initial wamin8 sign spaced 1000 feet in advance of the work site with the intetme, dia'a: sign spaced 500 feet in advance of the work site. Site plan ap!~'oval for highway work permit issuance is contingent upon our receipt of all cfth~ following itern~ within six (6) months office date of this letter and no further revisions ate made to the plans once we approve than. N'~S DOT k~PLPr~ZIJG£ F~>:;1531~524967 f'la) 25 2904 13;50 ~.02 John M. K~nncdy, Jr. May 14 2004 If the Highway Work Permlt ~ill be s~cured by anyone other than the property owner, i.e. contractor, Ge applicant must provide a ~igned l~tt~r l~om ~h¢ proper~y owner s~aling Lb.e applicant is authorized to act on behalf of the prol~rty owner in this meier. The letter must also include the proper.y owner's mailing address and ~elephon¢ number. Kindly submit four sets of thc revised plans and sttr~y bond (sample enclosed). In lieu of a surety bond the applicant may elect to submit a bank ~rtified check for the bond amount. Wc will r-,taln the check you submitted, #1436, in the amount of $40.00, which covers the permit and insuraac~ fees. We will aisc relain thc Highway Wortl Permit Application that was submiiled. The application iu~d the Surety Bonll must be s~:ured by the same par~y. All checks issu~i to the State of New York must show a Federal Identification Numb0r. Bond Amount: $2,500.00 Questions concerning this mat~er should be directed to Mr. Mark Wolfgang at (631) 9~2-7973. Plea.se send all correspondence to his attention. Kindly refer to the subJe~ case nurnb~ and County. tax map number in all correspondence. Thank yoo for your coop~rauon concerning ~his matter. SHAIK A. SAAD. P.E. Ci~l Engineer III Traffic Engineering and Safety Attachraen~ Mr. P~ter l-lan'is, Sup~tintm~dant of l'-Ii~a,~ay~ Town of $outhold Ms. Val~ie $copaz, Planning Director, Town of' Southold SA$:MW:DW EDWARD JOHN BOYD V A,rTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O. BOX 1468 SOU'FHOLD, NEW YORK 11971 (631) 765-1555 FACSIMILE: (631) 765-5969 E-MAIL: ejb@elilaw.net May 24, 2004 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: EAST MARION FIRE DISTRICT Tax Map No. 1000-31-03-11.30 Southold Town Planning Board: Enclosed please find copy of D~the East Marion Fire District on May 19, 2004 with the Suffolk County Cl~,rt~'s Office relative to'I4~ above-captioned Tax Map Number. This Declaration may be found 5Liber 12320, Page ~ Please make this copy part of your file. Thanking you for your attention to this request, I am, Very truly yours, m Boyd~ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971~0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 11,2004 Edward Boyd, Esq. 54655 Main Road Southold, New York 11971 Re: Proposed Set-Off of East Marion Fire District Located on the north side of New York State Route 25, approxir~ately 367 feet west of Stars Road, known as 9395 Main Road, in East Mario~ SCTM#1000-31-3-11 Zones: HB & R-40 Dear Mr. Boyd: The Southold Town Planning Board, at a meeting held on Monday, May 10, 2004, adopted the following resolution: WHEREAS, this proposal is for a cluster set-off of a 30,000 square foot parcel from an existing 163,229 square foot parcel located on the north side of New York State Route 25, approximately 367 feet west of Stars Road, known as 9395 Main Road, in East Marion; SCTM#1000-31-3-11; and WHEREAS, following the transfer, Lot 1 will equal 133,229 square feet and Lot 2 will equal 30,000 square feet, pursuant to Article XVIII Cluster Development (100-180) of the Town of Southold Town Code, whereby the 10,000 square feet normally required for Lot 2 is being left with Lot 1; and WHEREAS, the applicant sought to extend the May 13, 2003 conditional sketch plan approval date and the Planning Board granted the extension for six months; and WHEREAS, on May 12, 2003 the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration; and East Marion Fire District - Pa.qe Two - 5/11/04 WHEREAS, the applicant sought to extend the November 10, 2003 conditional sketch plan approval date and the Planning Board granted the extension for six months; therefore, be it RESOLVED, that the Southold Town Planning Board grant a six month extension from the date of this resolution on the conditional sketch plan approval on the map, dated May 9, 2003, subject to the following conditions: The 2 story framed house structure located on Lot 1 be moved within twelve (12) months of the date of this resolution unless an extension of time is requested by the applicant and granted by the Planning Board. The new location of the structure must be within the building envelope of Lot 2 and conform to all applicable setbacks as defined by Section 100-31 as required by the Town Code of the Town of Southold. 2. The final map of the Clustered Set-Off for East Marion Fire District conform and comply with Article XVIII Section 100-181 of the Southold Town Code as required. The final map be revised to i~'~clude proper size of Lot I & Lot 2 and state that in the event of future subdivision of Lot 1, the yield calculation of Lot 1 must deduct 10,000 square feet of Lot 2 permanent cluster open space. This language must be included in a Covenant and Restriction filed with the Clerk of Suffolk County. Upon filing, the liber and page number must be included upon the final map. The submittal of eight (8) paper prints and three (3) mylars maps, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. 5. Please submit a New York State Depar[ment of Transportation curb cut permit as required. Sketch plan approval is conditional upon 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. Please contact this office if you have any questions regarding the above. Verytrulyyours, ~~oodhouse Chairperson Submission Without a Cover Letter Sender: Subject: SCTM#: 1000- Date: Comments: EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54555 MAIN ROAD P.O. ~OX 1468 SOUTNOLD, NEW YORK 11971 (631) 765-1555 FACSIMILE: ($31) 765-5969 E-UAIL: ejb~elilaw,net 4AY 7 2n04 _1 October 31, 2003 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: EAST MARION FIRE DISTRiCT Tax Map No.1000-31-03-11~30 Southold Towa Plarming Board: On behalf of the applicant, the East Marion Fire District, this letter is to request an extension of time to obtain approval from the New York State Department of Transportation for a "curb cut," which approval is necessary to complete the set offofa new building lot located on the North side of Main Road, East Marion. Appropriate application has been made to the DOT by the contract vendee as required under the terms of our Agreement of Sale, but final approval has not yet been received. Thanking you for your attention to this request, I am, / Edward John Boyd V EJBPov THIS DECLARATION made this day of May, 2004 by EAST MARION FIRE DISTRICT, a municipal corporation, having its principal office and place of business at 9245 Route 25, P.O. Box 131, East Marion, New York, 11939, hereinafter referred to as the DECLARANT, as the owner of the 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 purpose 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. WHEREAS DECLARANT has made application to the Southold Town Planning Board for a cluster set-off of a 30,000 square foot parcel from the existing 163,229 square foot area of said PREMISES; and 2. WHEREAS following the set-off Lot 1 will equal 133,229 square feet and Lot 2 will equal 30,000 square feet, and pursuant to Article XVIII Cluster Development (100-180) of the Town of Southold Town Code, whereby the 10,000 square feet normally being required for Lot 2 is being left with Lot 1; 3. THEREFORE, DECLARANT, its suc¢~ssor~i h~irs or assigns, AGREES that in the event of future subdivision of Lot 1, the yield c~l~ul~tion of~iOt 1 must deduct the 10,000 square feet of Lot 2 permanent cluster open space.: This Covenant and Restriction shall rti~ ~ l~d and shall be binding upon the DECLARANT its successors and assigns and i~l?~ all ~ersons or entitles clmmIng under them, and may be terminated, revoked or am~g~ted ~nly -W~th the written consent of the Southold Town Planning Board. EAST MARION FIRE DISTRICT by Donald Dzenkowski, Chairman Submts. sion Wilhottl a Cover Letter Subject: 1000. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 11, 2003 Edward Boyd, Esq. 54655 Main Road Southold, New York 11971 Re: Proposed Set-Off of East Marion Fire District Located approximately 367' west of Sta,'s Road on the north side of the Main Road in East Marion SCTM#1000-31-3-11.30 Zone: HB & R-40 Dear Mr. Boyd: The Southold Town Planning Board, at a meeting held on Monday, November 10, 2003, adopted the following resolution: WHEREAS, this proposal is for a cluster set-off of a 30,000 square foot parcel from an existing 163,229 square foot parcel located on the Main Road, approximately 367' west of Stars Road in East Marion (SCTM#1000-31-3-11.30); and WHEREAS, following the transfer, Lot 1 will equal 133,229 square feet and Lot 2 will equal 30,000 square feet, pursuant to Article XVIII Cluster Development (100-180) of the Town of Southold Town Code, whereby the 10,000 square feet normally required for Lot 2 is being left with Lot 1; and WHEREAS, the applicant sought to extend the May 13, 2003 conditional sketch plan approval date for six months; and WHEREAS, on May 12, 2003 the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration; be it therefore RESOLVED, that the Southold Town Planning Board grant a six month extension from the date of this resolution on the conditional sketch plan approval on the map, dated May 9, 2003, subject to the following conditions: East Marion Fire District- Page Two - 11/11/03 The 2 story framed house structure located on Lot 1 be moved within twelve (12) months of the date of this resolution unless an extension of time is requested by the applicant and granted by the Planning Board. The new location of the structure must be within the building envelope of Lot 2 and conform to all applicable setbacks as defined by Section 100-31 as required by the Town Code of the Town of Southold. 2. The final map of the Clustered Set-Off for East Marion Fire District conform and comply with Article XVIII Section 100-181 of the Southold Town Code as required. The final map be revised to include proper size of Lot 1 & Lot 2 and state that in the event of future subdivision of Lot 1, the yield calculation of Lot 1 must deduct 10,000 square feet of Lot 2 permanent cluster open space. The submittal of eight (8) paper prints and three (3) mylars maps, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. 5. Please submit a New York State Department of Transportation curb cut permit as required. Sketch plan approval is conditional upon 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. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~ Chairman EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O. BOX 1468 SOUTHOLD, NEW YORK 11971 (631) 765-t555 FACSIMILE: (631) 765-5969 E-MAIL: ejb~elilaw.net October 31,2003 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: EAST MARION FIRE DISTRICT Trax Map No.1000-31-03-11.30 Chairman Orlowski and Members of the Board: On behalf of the applicant, the East Marion Fire District, this is to request an extension of time to submit the approvals from other authorities which are necessary to complete the set off of a new building lot located on the North side of Main Road, East Marion. This request is being made as the contract vendee has not yet secured these approvals as he is required to do tarder the terms of our agreement of Sale. Thanking you for your attention to this request, I am, Ve~u~ly~ours, Edward John Boyd V EJB/bv EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O. BOX 1468 SOUTHOLD, NEW YORK 11971 (631) 765-1555 FACSIMILE: (631)765-5969 E-MAIL: ejb@elilaw, net Bouthold Town Planning Board Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 July 17, 2003 Re: EAST MARION FIRE DISTRICT Tax Map No.1000-31-03-11.30 Chairman Orlowski and Members of the Board: At a meeting held this date with the Suffolk County Water Authority (SCWA) we were advised that since the water connection for the structure which will be moved onto the set-off lot is already in place and is located wholly on the set-offlot, no further application needs be made to the SCWA to provide domestic water for this structure. It will only be necessary at the time of recormection for the owner to arrange with SCWA for the installation of a water meter vault at a cost of $150.00 as the SCWA no longer installs meters in basements. The East Marion Fire District will make its own application to the SCWA for a separate and distinct connection located wholly upon its property to provide domestic water service to its structures. Thanking you for your attention to this matter, I am, EJB/bv VerY truly yours, Edward John Boyd V SubimalChakraboni, P.E. Regional Director June 30, 2003 Mr. Edward John Boyd V, Esq, Attorney and Counselor at Law 54655 Main Road, P.O. Box 1468 Southold, New York 11971 Dear Mr. Boyd: State of New York Department of Transportation State Office Building 250 Veterans Memorial Highway Hauppauge. NY H. Boardman mmissioner Your May 22, 2003 Submission Residential Access Site Plan Dated May 9, 2003, Last Revision May 21, 2003 Route 25, East Marion SCTM 1000-31-03-11.30 Our Case No. 0Yl40P This is in regard to the site plans for the referenced project which were submitted to us for review. Prior to an approval of the site's access and issuance of a New York State Highway Work Permit, the following items must be addressed: The site plans shall be prepared including all information noted on the attached checklist of items to be included on the plans. All work and material details for the entrance, curb and sidewalk work shall be referenced to NYSDOT specification item numbers. We have enclosed our publications, Standard Drawings for Permit Applications and Manual of Uniform Traffic Control Devices to assist the applicant in the preparation of plans. A note should be added to the plans requiring the contractor to clean existing drainage basins along and immediately adjacent to the Route 25 site frontage at the completion of construction. The plan must include the note "Repair existing shoulder, sidewalk and curbing as ordered by State Engineer." The existing residential access to the parcel pumhased by the Fire District will not be sufficient for use by the Fire Department and they should obtain a Highway Work Permit to close this access point. If the Fire Department wishes to utilize any part of this frontage for access or proposes any work within State Highway right-of-way, they will need to provide us with a request for a Highway Work Permit along with four sets of plans detailing any proposed work as per the attached checklist of items to be included on the plans. Please submit four sets of revised plans. Mr. Edward John Boyd V June 30, 2003 Page 2 Review of the subject material is being coordinated by Mr. Mark Wolfgang. He can be contacted at (631) 952-7973 if you have any questions regarding this matter. Please send all con'espondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence. Very truly yours, Original Signed By SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. Peter Hams, Superintendent of Highways, Town of Southold ~Ms. Valerie Scopaz, Planning Director, Town of Southold SAS:MVq SIT'AN REQUIREMENTS CHECKLIST: ~l~ A. Location and dimensions of existing highway pavement, curb, sidewalk, median, median openings, guide rail, utilities, signs (including size and text), pavement markings, bus stops, overhead and underground traffic signal B. equipment, right-of-way lines, controlled access lines and property lines. Existing and proposed buildings, appurtenances and drive-through windows. ~C'~ Design features, referencing the latest edition of the NYS Standard ~ecifications, to be incorporated in proposed work: ~.~ Driveway pavement type and dimensions. _~'~ Radii of driveway returns an.d other points of curvature. --9 Driveway grades or profiles, indicating Iow poi.? on private property. ~4~ Angle of driveways relative to roadway center hne. ~ Dimensions of roadside control islands and driveway medians. __~___~. Dimensions of curb and sidewalk relative to pavement edge. ~ 7. Details of internal traffic circulation, including proposed signs, pavement markings and traffic signal equipment. North arrow and scale on each applicable sheet. Size, type and grade of existing and proposed drainage features. Plastic pipe is not permitted within State right-of-way. Distance from each existing and proposed driveway to each adjacent driveway and cross street, including adjacent property lines and streets and driveways opposite the site. Maintenance and protection of traffic plans. A Maintenance and Protection of Traffic plan must be provided for work on Route 25. The plan must include the note "All lanes must be open to traffic before 9 AM and after 3 PM. No lane closings are permitted on weekends or holidays. Nighttime lane closings will not be permitted without prior approval from the State Permit Inspector." Traffic signal plans must be shown on a separate sheet including pavement markings, turn lanes, driveways, sidewalks and pedestrian ramps, crosswalks, buildings, poles, power supply, pullboxes, conduit, controller, head layout including face numbering, detection, right-of-way lines and signing. All work must be referenced to the latest edition of the NYS Standard Specifications. The plans must show existing features, such as drainage and utilities, which may conflict with the proposed signal. Tables of Operations, Clearances, Switchpacks, Input Wiring and Loop Wiring must be included along with a Phasing Diagram and Estimate of Quantities. Aerial photograph of the site and environs. Beginning and ending reference markers. Board of Fire Commissioners PO Box 131 · Main Road. East Marion, NY 11939 (631) 477-0163. Fax (631) 477~8510 Email: EMFDistrict@optonline.r~et June 23, 2003 Mr. Bruno Semon Planning Board Town of Southold PO Box 1179 Southold, NY 11971 Dear Mr. Semon, In regard to SCTM # 1000~31-11.3, the Board of Fire Commissioners has decided that no fire well is required for the above-mentioned subdivision. Thank you for your cooperation. Fire District Secretary JU[[ [ $ ~ · Sttbmi~ston Without a Cover Letter Subject: SCTM#: 1000- Date: ~LANN1NG BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 June 18, 2003 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Edward Boyd 54655 Main Road Southold, NY 11971 Re: East Marion Fire District Main Road East Marion, N.Y. SCTM# 1000-31-3-11.3 Zones: HB & R-40 Dear Mr. Boyd, In reviewing the proposed cluster set off application submitted to the office, the Planning Board (PB) found the following elements are needed to proceed. Please reference the attached Town Board Resolution no. 322 of May 20, 2003 which requires the Planning Board to collect the appropriate fee's. At this time please submit the required $ 250.00 application fee as required under the above referenced resolution. Please endorse payments to the Town of Southold. If there are any questions you can contact us at (631) 765-1938 between the hours of 8:00 a.m, and 4:00 p.m. Senior Site Plan Reviewer CC:file "' I~LIZ~BETH A. NEV~ J.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 322 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2003: RESOLVED that the Town Board of the Town of Southold hereby adopts the following as a TOWN POLICY on Waiver of Fees: RESOLVED that the Town Board of the Town of Southold hereby determines that fees charged by the Town, including but not limited to the Planning Board, Zoning Board of .Appeals~ Town Clerk~ Board of Trustees and the Solid Waste Management Districh shall not be waived for any special district, not-for-profit organization or public entity, with the sole exception being that fees may be waived for projects involving municipal clean-ups. Elizabeth A. Neville Southold Town Clerk State of New York Department of Transportation State Office Building 250 Veterans Memorial Highway Hauppange. NY 11788-5518 Subimal Chakraborti, P.E. Regional Director Joseph H. Boardman Commissioner June 6, 2003 Mr. Edward John Boyd V, Esq, Attorney and Counselor at Law 54655 Main Road, P.O. Box 1468 Southold, New York 11971 Dear Mr. Boyd: Your May 22, 2003 Submission Residential Access Site Plan Dated May 9, 2003, Last Revision May 21, 2003 Route 25, East Marion SCTM 1000-31-03-11.30 Our Case No. 03-140P This is to acknowledge receipt of your submission on the above permit application. This permit application should be sensitive to the unique visual and historic setting of the Long Island North Shore Heritage Area, which runs from the Queens/Nassau County line to Orient Point, and from Route 25 or I495, whichever is farther south, north to Long Island Sound. In all future correspondence, please refer to the subject case number. The plans must also include the County tax map number. Review of the subject material is being coordinated by Mr. Mark Wolfgang. He can be contacted at (631) 952-7973 if you have any questions regarding this matter. Please send all correspondence to his attention. Thank you for your cooperation concerning this matter. Very truly yours, SHAIK A. SAAD, P.E. Civil Engineer llI Traffic Engineering and Safety SAS:MW  Mr. Peter Harris, Superintendent of Highways, Town of Southold Ms. Valerie Scopaz, Planning Director, Town of Southold PLANNING BOARD MEMBERS BENNETT ORLOWSK~, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 1197140959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 13, 2003 Edward Boyd, Esq. 54655 Main Road Southold, New York 11971 RE: Proposed Set-Off of East Marion Fire District Located on the Main Road, approximately 367' west of Stars Road in East Marion SCTM#1000-31-3-11.30 Zone: HB & R-40 Dear Mr. Boyd: The Southold Town Planning Board, at a meeting held on Monday, May 12, 2003, adopted the following resolutions: WHEREAS, this proposal is for a cluster set-off of a 30,000 square feet parcel from an existing 163,229 square feet parcel located on the Main Road, approximately 367' west of Stars Road in East Marion (SCTM#1000-31-3-11.30); and WHEREAS, following the transfer, Lot 1 will equal 133,229 square feet and Lot 2 will equal 30,000 square feet, pursuant to Article XVIII Cluster Development (100-180) of the Town of Southold Town Code, whereby the 10,000 square feet normally required for Lot 2 is being left with Lot 1; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the map, dated May 9, 2003, subject to the following condition: 1. The 2 story framed house structure located on Lot 1 be moved within twelve (12) months of the date of this resolution unless an extension of time is requested by the applicant and granted by the Planning Board. The new location of the structure must be within the building envelope of Lot 2 and conform to all applicable East Marion Fire District- Page Two - 5/13/03 setbacks as defined by Section 100-31 as required by the Town Code of the Town of Southold. The final map of the Clustered Set-Off for East Marion Fire District conform and comply with to Article XVIII section 100-181 of the Southold Town Code as required. The final map be revised to include proper size of Lot 1 & Lot 2 and state that in the event of future subdivision of Lot 1, the yield calculation of Lot 1 must deduct 10,000 square feet of Lot 2 permanent cluster open space. The submittal of eight (8) paper prints and three (3) mylars maps, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. 5. Please submit a New York State Department of Transportation curb cut permit as required. Sketch plan approval is conditional upon 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. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman enc. BENNETT ORL©WSK~, Chairman RI C I-L~ D CAGGIANO V~iLLIAM J. CREMERS K~NNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (681) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOVCN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant May 12, 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 Set-Off for East Marion Fire Department SCTM#: SCTM#1000-31-3-11,30 Location: Located on the Main Road, 367' West of Stars Road in East Marion SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The applicant proposes to set off a 0,6887 acre parcel from an existing 3.747 acre parcel, Following the transfer, Parcel 1 will equal 3,0583 acres and Parcel 2 will equal 0.6887 acres. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. No sensitive features exist on site. SEQR Negative Declaration - Page Two The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems will occur as a result of this action. No the 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 important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No the 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. For Further Information: Contact Person: Address: Telephone Number: Bruno Semon, Senior Site Planner Planning Board (631) 765-1938 Enc. cc.' Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant Sub'mLs'siot~, t~ithou! a Cover LeHer Subject: WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD April 28, 2003 4:30 pm SITE PLANS Pindar Vineyard 37645 Main Road Southold, N.Y. SCTM: 1000-85-2-15 . Zone: AC Representation: Mr. H.~l~s RE'~'I. P~ion~' / of an AS-Built renovation. Albertson Marine, Inc. ~ ~'J 37645 Main Road Southold, N.Y. SCTM: 1000-56-3-15 ~ Representation: Mr. Ton~cCarthy REin of Site Plan. MAJOR AND MINOR SUBDIVISIONS~ LOT LINE CHANGES.~ SET OFF APPLICATIONS East Marion Fire District Main Road East Marion, N.Y. SCTM# 1000-31-3-11.3 Representation: Mr. Boyd Zones: lib & R-40 RE: 1) Recommend an uncoordinated SEQRA review & conditional sketch plan approval at May 12 Public Meeting. bs 4/25/03 Page 1 ofl Sem0n? Bruno From: Kalin, Carol Sent: Monday, April 28, 2003 8:16 AM To: Semon, Bruno Subject: FW: Highpoint Estates @ East Marion, Sec. III ..... Original Message From: Cooper, Linda Sent: Thursday, April 24, 2003 9:12 AM To: Kalin, Carol Subject: Highpoint Estates @ East Marion, Sec. III I have carefully reviewed our records and find no payment for "Park & Playground" fee Highpoint Estates @ East Marion, Sec III 4/28/03 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 6, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Herbert R. Mandel 443 Main Street Greenport, New York 11944 RE: Highpoint at East Marion, Section Three SCTM~1000-31-3-11.25 Dear Mr. Mandel: The following resolution was duly adopted by the Southold Town Planning Board at a meeting held on Tuesday, June 4, 1991. WHEREAS, Herbert Mandel is the owner of the property known and designated as SCTM#1000-31-3-11.25, located on the north side of N.Y.S. Route 25; 364.42 feet west of Stars Road in East Marion; and WHEREAS, this major subdivision, to be known as Highpoint at East Marion, Section Three is for 3 lots on 2.~9189 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on October 16, 1989; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on April 22, 1991; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, Page 2 Highpoint at East Marion, Section Three RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated November 27, 1989, subject to the decision of the Planning Board for the need of a fire well. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~ Chairman cc: William D. Moore EAST MARION FIRE DISTRICT P.O. BOX 131 · MAIN ROAD EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS April 17, 2003 Southold Town Planning Board Town Hall, 53095 Main Rd. PO Box 1179 Southold, NY 11971 Re: The Square at East Marion Tax Map No. 1000~31-03-11.2 Chairman Orlowski and Members of the Board, We have been made aware that the Planning Board has an open file begun on or about December 14, 1984, entitled "Site Development Plan of The Square At East Marion". Since this file was begun by a previous owner of the lands now owned by the East Marion Fire District, and as the above-referenced file does not in any way agree with the District's plan for the property, it would be appreciated if you would accept this letter as a request to abandon said Site Development Plan and to close your file. Thanking you for your attention to this matter, I am, PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAC, GIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (531) 755-1938 Fax (631) 765-3136 April 18, 2003 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Edward Boyd 54655 Main Road Southold, NY 11971 Re: East Marion Fire District Main Road East Marion, N.Y. SCTM# 1000-31-3-11.3 Zones: HB & R-40 Dear Mr. Boyd, In reviewing the proposed cluster set off application submitted to the office, the Planning Board (PB) found the following elements to be deficient. The cluster set off application will need the following to be processed: l. Amend and add the term "Clustered Set-Off for East Marion Fire District" to the title. 2. Add the notation" This map is a cluster subdivision designed in accordance with NYS Town Law Section 278 and Southold Town Code Section 100-180". 3. Please refer to Town Code sections 100-181 (C, D, E, F, G) and comply in full. Show the yield of the cluster as required. 4. Add all as required: five foot (5') contours lines, key map (preferred 1 inch -- 600 feet), approximate boundaries of forested areas and existing trees, test hole diagram, name of person that drilled test hole and date, proposed water supply and sewage treatment, and name of adjacent property owners and zone. 5. Please apply for Suffolk County Health Department approval. This will be required before final approval from the PB. 6. Please apply for NYS DOT curb cut approval. This will be required before final approval from the PB. Please submit eight (8) copies of the revised plan. If there are any questions you can contact us at (631) 765-1802 between the hours of 8:00 a.m. and 4:00 p.m. Senior Site Plan Reviewer CC:file Semon, Bruno To: Glew, Claire Subject: RE: 31-3-11.30 Hi Claire, Are you going to change tax cards to reflect the new number? Thank You Bruno ..... Odginal Message ..... From: Glew, Claire Sent: Tuesday, April 08, 2003 10:33 AM TO: Semon, Bruno Subject: 31-3-11.30 Bruno, 31-3-11.30 includes 31-3-11.27, 11.28, 11.29& 19.1. Claire TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER S VILLAGE E W SUB. LOT TYPE OF BUILDING j x RES. SEAS. VL FARM COMM. CB. MICS. Mkt. Value ~.6~" ~,(~ ~- IMP. TOTAL DATE REMARKS ~_~GE BUILDING CONDITION NEW NORMAL BELOW ABOVE , FARM Acre Value Per Value Ac re Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland I DEPTH fi) V House plot. , , , BULKHEAD Total ~' ' ~'~ ~'~ DOCK 8 'NI:I *~acuJoc]J lmO/ qSJu!-t .lo!Ja~.uI sJool:l q~JOd ~ · ,,~JOd -. ~uo~sua,~3 OF OWNER STREET SOUTHOLD P~OPERTY RECORD 5,~ :.~ VI LLAGE CARD LOT FORMER OWNER ~7. ~ ' ~Es. ~0_ s~s. VL. D IMP. FARM W DISTRICT SUB. AC~REA~E ~ TYPE OF BUILDIN~ TOTAL DATE REMARKS Tillc Tillable 3 ABOVE i! Value Swampland Brushland House Plot Tc;~al ' r ~oou ~st ~uoou ~od ~ b~ ~ I ~y ~od ' ~ ~; :'-' ~: ~" g' ~ / i ....... ~; ~/~ ~aH '"~- 02018 aaiJ ; uo!su~'~ ~ ~ ¢ / ' 'fiPl8 'W TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER IMP. STRE. O -E TYPE OF BLD. PROP..~LASS __ .~ TOTAL DATE I VILLAGE REMARKS T SUB. LOT ~ FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL 31-3-11.29 10/02 COLOR TRIM ~-~ PC Bath ~ ~ Dinette Extension Bnsement cn,~ Floors Kit. c~tension ~ .~ ~ ~ fi (: I~ ~o ~ - B~O Ext. Walls Interior Finish LR. Extension Fire Place Heat D R Patio ~ g ~ ~ Woodstove BR. %~Z Dormer Fin B. ~. ~ ~:~8~ ~ ~'~ ~ ]~1~ Attic Br~zeway ~ [ ~ · = RTb ~ ~,hj~ Rooms 1st Floor Garage ~riveway Rooms 2nd Floor O.B. Pool ~WNER SThEET ~5! ~ VILLAGE DIST ACR. J I tEMARKS ~ r TYPE OF BLD. ~LAND IMP. TOTAL DATE ~ I FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O. BOX 1468 SOUTHOLD, N£W YORK 11971 (631) 765-1555 FACSIMILE: (631 } 765-5969 E-MAIL: ejb@elilaw, net IoRECEIVED MAR ~ ~ 7003 Southold Town Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971 March 27, 2003 Re: EAST MARION FIRE DISTRICT Tax Map No.1000-31-03-11.30 Greetings: Enclosed please find an Application to the Board of Appeals for a Variance to the Zoning Code allowing the creation of a Set-Off lot having an area of 30,000 square feet and a front footage of 130 feet in an R-40 Zone. An application to the Southold Town Planning Board is being made simultaneously and a copy of the Application to this Board has already been served upon the Southold Town Building Department. Please do not hesitate to contact me if anything else is required. Thanking you for your anticipated prompt and courteous attention to this matter, I am, truly yours, Ed~vard John Boyd V EJB/bv mncs. APPLICAI'ION TO THE SOUTHOLD TOWN BOARD OF APPEALS Office Notes: ParcelLocation: HouseNo. 9395Street Main Road Hamlet East Marion SCTM1000 Section 31 Block03 Lot(s) 11.30~otSize .683_ Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: March 26, 2003 Applicant/Owner(s):. East Marion Fire District Mailing Address: P.O. Box 131, East Marion, NY 11939 Telephone: 477-0163 Authorized Re,presentative: Edward J. Boyd, Esq. Address: 54655 Nain Road, Box 1468, Southold, NY 11971 Telephone: 765-1555 Please specify who you wish correspondence tO be mailed to, from the above listed nam.es: [] Applicant/Owner(s) 1~ Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED March 25, 2003 FOR: ~D Building Permit [] Certificate of Occupancy [3 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Constrnction Other: Permit for lot set off Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsect'on and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article 1113_ Section 100~ 30A. 3Subsection Type of Appeal. An Appeal is ~nade for: 1~ A Variance to the Zoning Code or Zoning Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section D Reversal or Other A prior appeal [] has ~has not been made with respect to this property UNDER Appeal No, Year Page 2 of 3 - Appeal Applicatlon Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment to nearby properties, If granted, because: (See Attached Sheet) (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant fo pursue, other than an area variance, because: (See Attached Sheet) (3) The amount of relief requested is not substantial because: (See Attached Sheet) (4) The variance will NOT have an adverse effect or Impact on the physical or environmental conditions in the neighborhood or district because: (See Attached Sheet) (5) Has the variance been self-created? ( ) Yes, or (x) No. If not, Is the construction existing, as bullt?( × ) Yes, or ( ) No. (6) Additional Information about the surrounding topography and building areas fhaf relate fo the difficulty In meeting the code requirements: (attach extra sheet as needed) This Is the MINIMUM that Is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and 'complete PART B, Que,,sfl6r~s on next page to apply USE VARIANCE STANDARDS. (Please consult your affor~eed fo the si.qnafure and notary area below. ~ ~ Signature of Appellant or Authorized Agent Sworn to before me this 2?th (Agent must submit Authorization from Owner) /~ay of ..~r.~.v.~.;~ 2003_ ~ ZBA Agp 9/30/02 CAROL A. MILLER NOTARY PUBLIC, STATE OF NEW YORK NO. 01MI6003086 QUALIFIED IN SUFFOLK COUNTY ~ COMMISSION EXPIRES FEBRUARY 23, .~_.~ ~' Page 2a - Appeal Application Part A: AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: There will be essentially no change in the neighborhood as it presently exists. The single family residence that is to be moved onto the proposed set-off lot has been in its present location since well before the introduction of zoning regulations to the Town of Southold. The establishment of the proposed set-off lot will enable this residence to exist peacefully on a parcel of its own, well removed from the crowded conditions that surround the East Marion Fire House, and will provide a large enough building envelope that the residence can be situated without the need for front, rear or side yard variances. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: Applicant has been forced to accept an "as built" situation not of its making, but one which can be made workable through a rearrangement of structures. In 1998, when presented with an opportunity to greatly expand the land surrounding the East Marion Fire House, the applicant did so and also acquired several structures which had been in their present locations for many years. One, a barn, was converted to provide additional storage space for fire apparatus. The other, a single family residence, does not fit into applicant's plans and, additionally, is located too close to an existing driveway used for the ingress and egress of firefighters and fire apparatus. Fortunately for all, the lands acquired in 1998 extend far enough to the East that a set-off lot can be created to receive the residence thereby providing a needed safety buffer area around the Fire Department's operations as well as maintaining a functional structure which has become a fixture in the neighborhood. (3) The amount of relief requested is not substantial because: An examination of the Suffolk County Tax Map for parcels located on the North and South sides of the Main Road in proximity to the applicant's premises reveals that for the 18 properties so situated, 13, or 72% have lot coverage of less than 30,000 square feet. Additionally, of these 18 properties, 17, or 94%, have road frontage of less than 130 feet. It therefore follows that not only will applicant's requested set-off result in a lot fully in keeping with the character of the area, but will, in fact be larger and present with more frontage than most of its neighbors. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property purchased by the applicant in 1998 had been subdivided by its previous owner to yield three residential building lots. This subdivision, entitled "Map of Highpoint at East Marion," was formally abandoned by the applicant on February 26, 2003 and the three lots merged into one. The granting of the instant variance application will, in fact, decrease previously approved population density in the area, will provide a needed buffer area around the East Marion Fire House and will allow for a more efficient operation of the public safety functions performed by the East Marion Fire Department. APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: East Marion Fire District (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, (or through your company, spouse, sibling, 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 which the Town officer or employee owns. mom than 5% of the shares. YES X 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: Donald Dzenkowski Title or position of that person: Senior Bay Constable Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 ovmer of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest ia a non-corporate entity (when the applicant is not a corporation); X C) an officer, director, partner, or employee of the applicant; or ...... D) the actual applicant. DESCRIPTION OF 1LELATIONSHIP Chairman of the Board of Commissioners East Marion Fire District Submitted ~~March~ 2003 S ig natu.,~,-w--~ ~ ~ -- Print Name: Edward J. Bey'd, Esq. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [~ Yes ~ No Are there any proposals to change or alter land contours? [~ Yes g No 1) Are there any areas that contain wetland grasses? No 2) Are the wetland areas shown on the map submitted with this application? No 3) Is the property bulk headed between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "n/a".) Are there any patios, concrete bamers, bulkheads or feaces that exist and are not shown on the survey map that you are submitting? None (If none exist, please state "none".) Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. Do you or any co-owner also own other land close to this parcel? Ye s If yes, please explain where or submit copies of deeds. Lot 19.1 immediately 'co the V/est. Please list present use or operations conducted at this parcel MuniciDal Government - Public Safety andproposeduseMunicipal Government - Public Safety 3/27/03 Authorized Signature and Date PROJECT DESCRIPTION (Please include with Z.B.A, Application) Applicant(s): East Marion Fire District If building is existing and alterations/additions/renovations are proposed.' A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: N/A Square footage:. N/A ' B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: N/A SqUare footage: N/A II. If landis vacant: Please give dimensions and overall square footage of new construction: Dimension/size: 48F/21R x 38 Square footage: c. 1500 Height: c. 2 5 III. Purpose and use of new construction requested in this application: Sinqle Family Residence IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. - 7/02 please note' Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. £f additional time is needed, please contact our ofF~ce, or pIease check ~,v~th Building Department (765-)802) or Apfleals Department (765-] ~09) ~f.you are not sure Thank you PeOJECT LO. ,U~4SER 617.21 Appendix C · ' . State Environmental Cuallly Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by APplicant or Project sponsor) East Marion Fire District I Set-Off ~,,~¢~,~.~ Town of Southold ¢~,,tySuffolk 9395 Main Road (N.Y.S. Route 25), East Marion, New York immediately to the East of the East Marion Fire House SEQI Set-off one 30,000 square foot lot from a 133,000 s~are foot parcel to receive an existing single f~ily residence which is ~o be moved from its present location So as ~o provide more room for fire department and ambulance operations. ~. AMOUNT OF ~NO *FFE~ *,~,,~ · 68A, .,,, UIIImli*~ 'r68A ..... ac,e~ , , e, WILL P~O~SEO A~ON COMPLY WITH ~ISTING ZONING OR OTHER ~ISTING ~NO USE RESTRICTIONS? ~No IINo. des~lbebriefly Project requires variance as area and road frontage of proposed set-off lot are less than required in R-40 zone. WHAT IS PR~ENT L.~NO USE IN VICINITY OF PROJECT? ~ Resl¢3entlal [] InduSlrlal [] Commercial [] Park/Forest/Open tO. OOG~= ACTION INVOLVE A PERMIT APPROVAL, OR FUNOING. HOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (F~OE[RAL Southold Town Zoning Board of Appeals, Southold Town Planning Board 12. AS A RESULT OF PROPOSED ACTION W, LL EXISTING PE,M,T/APPROVAL REQUIRE MOOiE,CAT,ON? CERTIFY THAT THE INFORMATION PROVIOED ABOVE IS TRUE TO THE EEST OF MY KNOWLEDGE .~me: ~.ar.d J. Boyd, Esq. ~ Agent 3/27./~R I~ Ihe action is in the Coastal Area, and you are a state agency, compleie the .C°as~a! Assessmep( Form beloro proceeding wilh this assessment OVER State of New York County of Suffolk ss.: To: Southold Town Board of Appeals Southold Town Planning Board I, Daniel H. Wood, a Commissioner of the East Marion Fire District, hereby authorize Edward J. Boyd, Esq., to act as agent of the East Marion Fire District relative to the premises known and described by Suffolk County Tax Map No. 1000-31-03-11.30 in Southold, New York, and to handle all necessary work involved in the Area Variance Application and Set-Off Applications before the Southold Town Board of Appeals and the Southold Town Plarming Board. ~ani H. Wood Sworn to before me this 27th day of March, 2003 Notary Public CAROL A. MILLER NOTARY PUBLIC, STATE OF NEW YORK NO. 01MI6003086 QUALIFIED IN SUFFOLK COUNTY ~ COMMISSION EXPIRES FEBRUARY 23, __ TO: FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Edward J. Boyd A/C East Marion Fire District PO Box 1468 Southold, NY 11971 DATE: March 26, 2003 Please take notice that your application dated March 25, 2003 For a permit for a lot set off (subdivision) at Location of property 9395 Main Road, East Marion County Tax Map No. 1000 - Section 31 Block3 Lot 11.30 Is returned herexvith and disapproved on the following grounds: The proposed lot set off is not permitted pursuant to Article IIIA Section 100-30A.3, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Lo~v Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the Residential R-40 District, according to the bulk schedule, is 40,000 square feet and the minimum required lot width is 150. The proposed lot set offwould create a non-conforming lot that measures 30,000 square feet and has a lot ~vidth of 130 feet. Although the adjacent lot will meet all zoning requirements with respect to lot size, width and depth, The existing two-story frame house on the east side of Lot 1 will have a side yard setback of 0 feet. However, the applicant intends to move the house to lot 2 wit~'t'hT'~ fired building envelope ifthe_ above referenced variance is granted. ~ I~~~; ..... Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O. BOX 1468 SOUTHOLD, NEW YORK 11971 (631) 765-1555 FACSIMILE: (631) 765-5969 E-MAIL: ej~elilaw, net ECEig'E Ptannini Board Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 April 9, 2003 Re: EAST MARION FIRE DISTRICT Tax Map No. 1000-31-03-11.30 Chairman Orlowski and Members of the Board: To supplement the application for the set offofa single building lot from the lands of the East Marion Fire District, it has been suggested that it would be helpful to the Board if I would explain the proposed steps in the development of this lot and the responsibilities of the several parties involved as they are envisioned by the Fire District. It is contemplated that shortly the Fire District wilt enter into a contract for the sale of the proposed set off lot and the existing single family residence. This contract will be contingent upon the District obtaining the necessary municipal approvals for creation of the set offlot, and the approval of the voters in the District at a mandatory referendum to declare the house and lot surplus property and to authorize the sale of same. Under the terms of the proposed contract of sale, it will be the responsibility of the purchaser to secure the necessary permits (including Health Department, Building Department and Department of Transportation) to allow the relocation of the residence onto the newly created lot. Once those permits are obtained, it will be the responsibility of the purchaser to move the house and to restore the ground at the present location to grade. Since the identity of the purchaser and his personal preferences are not known at this time, the District has only outlined a permissible building envelope on the proposed set off tot so as to allow the purchaser maximum flexibility in siting the house. Similarly, although a curb cut is Southold Town Planning Board Page 2 of 2 April 9, 2003 shown on the proposed site plan, the actual location of the cut will be decided by the plans of the purchaser, subject to State approval. Being constrained in its activities by the Wicks Law, requirements for public bidding, and a lack of expertise in the area of construction management, the Fire District has adopted this plan of action in an attempt to expedite the project and to limit the developmental costs to the District while at the same time allowing any prospective purchaser ample flexibility in preparing a plot plan to suit his needs so as to make the concept of purchasing a house that needs to be relocated an attractive proposition to that purchaser. Since the existing house is presently served by public water, gas and electricity, there should be few difficulties involved in having these services moved to the new location. Likewise, since the Health Department will only be called upon to approve the sanitary system for a single family residence located on a 30,000 square foot lot served by public water, approval from that agency should be swift. If there are any questions or suggestions regarding this proposal, please do not hesitate to contact me. EJB/bv Very truly ypurs, Edward John Boyd V 5182 CTF. CERTIFICATE OF ABANDONMENT FILED FEB ~6 2003 EDWARD P. ROMAINE CLERK OF SUFFOL~ COL~NTY PURSUANT TO SUBDIVISION 3 OF SECTION 335 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK EAST MARION FIRE DISTRICT, a municipal corporation, having its principal office and place of business at 9245 Main Road, East Marion, New York, 11939, for the purpose of abandoning and canceling the subdivision of a certain tract of land owned by it and hereafter described, pursuant to Subdivision 3 of Section 335 of the Real Property Law of the State of New York, does hereby certify: 1. That a certain map subdividing soch tract of land and other land situate in the Town of Southold, County of Suffolk and State of New York, into lots, plots, blocks and streets, entitled "Map of Highpomt at East Marion, Section 3, at East Marion, Town of Southold, Suffolk County, New York," filed in the Office of the Clerk of the County of Suffolk on July 15. 1991 as Map No. 9119. 2. That more than eleven years have elapsed since the filing of said ,-nap. 3. That the tract of land owned by the undersigned is situate in the Town of Southold and consists of an area not less than one half acre consisting of the lots described as follows: All that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suflblk and State of New York, known and designated as Lots 50, 51 and 52 inclusive, on a certain map entitled, "Map of Itighpoint at East Marion, Section 3, at East Marion, Town of Southold. Suffolk County, New York," filed in the Office of the Clerk of the Coonty of 1 818 #ABS.. Suffolk on July 15, 1991 as Map No. 9119. 4. That the Lots above mentioned are unimproved lbrthe use of an) owning occupant or any other persons having an interest in any part of the said subdivision of lands as shown on the aforesaid map. 5. That the said Lots are hereby abandoned and canceled and effective with due approval and recording thereof, said Lots shall no longer exist. 6. Endorsed hereon will be the approval of the Board of Assessors of thc To~n o~' Southold. 7. Submitled herewith is an Abstract of Title to said Lots to be abandoned coverin~ a period of at least twenty years last past and a certificate ora licensed Title Company to tlac effect that there are no unpaid taxes of tax liens against said lands. In witness whereof, this Certificate is mad and executed this da), ofJanuar3. 2003. EAST MARION FIRE DISTRICT Chairman, Board of Co~ State of New York, Cnunty of Suffolk).: On the"~.\ ~1~ day of January, in the year 2003, before me, the undersigned, personally appeared ~=,~,,~m %~-*-~,<o~,~.,g ~, , personally known 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/the2, executed the same in his/her/their capacity, and that by his/her ~heir signature(s) on the instrument, the individtlal(s). or the person upon.~alFof which the individual(s) acted, executed the instrument. ~., Cora/ I"[!¢,!i ::"~ '':~ ': " Notar> Pclblic. State of New York Cop2::;:s;on [,pi~:, ;,::¢ ~:3, ?_023 I, the tlndersigned, an Assessor of the Town of Southold, Suffolk County, New do approve and consent to the foregoing Certificate of Abandonment. Dated: January2t~, 2003 TOWN OF SO. OLD BOARD OF ASSESSORS State of No_a ih~ cT.{ li~ewYr .:_ ,C'c,. nvnf 5h,ffokl :.~;.~tf~j;~u_a_r~i.51~(l;.e year 2003, before me, the undersig~ed',/- personally appeared Robert I, Scott, Jr,, personally known 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 exect,tcd thc game m his/her/d~eir c!it.pacity, and that by his/her their signature(s) on tile instrument, t[~e individual(s), o~ tine pe~ up0n behalf of whJcff'tbe individual(s) acted, executed the instrumem Notary Public, State of New York EDWARD JOHN BOYD 5t'h [~otary Publi: ~:ate of Ho,*~ York 028.00370025 SLifolk County Commission E;:pi~es Ap;il 30, 2003 14 8 ! 8 TITLE NO. 47174.SS CERTIFICATE OF ABANDONMENT FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, hereby certifies to the Town of Southold and/or County of Suffolk that it has searched the title to the premises herein described from a date 20 years prior to the date hereof and finds that title to said premises herein described is vested in: East Marion Fire District Subject to such mortgage, taxes, tax sales and assessments as appear in the annexed schedules, all of which are part of this certificate. This certificate is made and accepted with the understanding that the Company's liability hereunder is limited to such interest as herein set forth and in no event is the liability of the Company to exceed the sum of One Thousand Dollars ($1,000.00). DATED: February 26, 2003 § 182 6TF. N~. FILED FEB 26 2002 FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK SANDRA J. GOLESKI ASST. VICE PRESIDENT FILED TITLE NO. 47174.SS DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as Lots 50, 51 and 52 inclusive on a certain map entitled, "Map of Highpoint at East Marion, Section 3, at East Marion, Town of Southold, Suffolk County, New York", filed in the Office of the Clerk of the County of Suffolk on July 15, 1991 as Map Number 9119. TITLE NO. 47174.SS CHAIN OF TITLE Julia Conway and Joseph J. Dzenkowski As Co-Executors of the Last Will and Testament of Andrew J. Dzenkowski A/K/A Andrew Dyenkowski, deceased To Herbert R. Mandel Deed Liber 9122 cp 465 Dated: 12/28/81 Rec'd: 12/31/81 Herbert R. Mandel, died a resident of Suffolk County on 1/14/97 Eugene Kessler, as Executor of the Estate of Herbert R. Mandel, deceased To East Marion Fire District Deed Liber 11932 cp 515 Dated: 11/23/98 Rec'd: 12/7/98 MORTGAGES None TITLE NO. 47174.SS PERIOD SHEET Herbert R. Mandel 12/28/81 to 1/14/97 Eugene Kessler, as Executor East Marion Fire District /14/97 to 12/7/98 /23/98 to Date FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK /S~ANDR~ J. G~LESKI ASST. VICE PRESIDENT TITLE NO. 47174.SS TAXES FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, hereby certifies that the 2002/03 Real Estate Taxes have been paid in full and that all prior taxes for a period of 20 years have been paid. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK , -SANDRA j.~oLEsKI ASST. VICE PRESIDENT Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P,O. BOX 1468 SOUTHOLD, NEW YORK 11971 (631) 765-1555 FACSIMILE: (631) 765-5969 E.MAIL: ejb~elilaw, net March 27, 2003 Re: EAST MARION FIRE DISTRICT Tax Map No.1000-31-03-11.30 Chairman Orlowski and Members of the Board: Enclosed please find and Application for a Set-Off of property owned by the East Marion Fire District. As you may remember, the property which is the subject of this application is the former Herbert R. Mandel subdivision known as "Map of Highpoint at East Marion, Section 3," which was approved by your Board in 1991. Following Mr. Mandel's death, the Fire District purchased the subdivision from the Mandel Estate on November 23, 1998 with the intention of providing more room for the public safety operations of the East Marion Fire Department. After careful review, it became apparent to the Commissioners of the Fire District that although one of the structures on the acquired premises could be utilized in its existing location to house fire apparatus, the single family residence located just to the East of the East Marion Fire House did not fit with their plans and was located too close to the Fire House to allow safe ingress and egress for firefighters and fire apparatus over the existing driveway. So as to preserve the residence which is a fixture in the community, the Commissioners have decided to make application to the necessary authorities to create a new 30,000 square foot lot with 130 feet of frontage on the Main Road onto which the residence can be moved. As a first step in this process, a Certificate of Abandonment for the previously existing three-lot subdivision was filed with the Suffolk County Clerk on February 26, 2003, a copy of which is Southold Town Planning Board Page 2 of 2 March 27, 2003 enclosed for your ready reference. The Suffolk County Real Property Tax Service Agency has already responded to the subdivision abandonment and has assigned a new tax map number, 1000-31-03-11.30, to the large single lot thus created. As justification for the relief requested by this Set-Off Application, it should be noted that ,ua examination of the Suffolk County Tax Map for parcels located on the North and South sides of the Main Road in proximity to the Fire District's premises reveals that for the 18 properties so situated, 13, or 72% have lot coverage of less than 30,000 square feet. Additionally, of these 18 properties, 17, or 94%, have road frontage of less than 130 feet. It therefore follows that not only will applicant's requested set-off result in a lot fully in keeping with the character of the area, but will, in fact be larger and present with more front footage than most of its neighbors. Submitted with this letter is a Set-Off Application, an Authorization Letter, an Environmental Assessment Form, a Transactional Disclosure Form and eight (8) copies of a sketch plan prepared by Peconic Surveyors, PC. Please do not hesitate to contact me if anything else is required. Thanking you for your anticipated prompt and courteous attention to this matter, 1 am, EJB/bv Encs. Very truly yours, Edward John Boyd V EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O. BOX 1468 SOUTHOLD, NEW YORK 1J971 {631) 765.1555 FACSIMILE: (63~) 765-5969 E-MAIL: ej~elilaw, net April 3, 2003 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: EAST MARION FIRE DISTRICT Tax Map No. 1000-31-03-11.30 Chairman Orlowski and Members of the Board: On behalf of the applicant, the East Marion Fire District, this is to request an expedited hearing on its application for the set off of a new building lot located on the North side of Main Road, East Marion. As you are aware, our reason for creating this lot is to provide a new location so that the existing single family residence which is situated immediately to the East of the East Marion Fire House may be moved, thereby providing more open area for the public safety functions of the fire department and allowing freer ingress and egress over an existing driveway which presently runs within a mere 12 feet of the West wall of the residence. Since time is always a concern when it comes to matters of safety, be it the safety of firefighters or of the public in general, it would be appreciated by all concerned if the Planning Board would do everything in its power to move this application through its various stages of review and render a decision at the earliest possible time. Thanking you for your attention to this request, I am, EJB/bv ,ECEI E Ap, -,4 mW Seuthold Tow~ Plafloi~[_Boa~ . V ~e~r~ly yours, Edward John Boyd V ~ILASER FICHE FORM SUBDIVISIONS Project Type: Set Offs Status: Final Approval SCTM #: 1000 - 31.-3-11.30 Project Name: East Marion Fire District Location: The property is located on the n/s/o New York State Route 25 approximately 367 feet w/o Stars Road known as 9395 Main Road, in East Marion. Hamlet: East Marion Applicant Name: East Marion Fire District Owner Name: East Marion Fire District Zone 1: HB Approval Date: 7/12/04 PLAT Siqned Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received th~ related information Zone 2:Ro40 C and R's · Homeowners Association · R and M Agreement: Zone 3: Address: The property is located on the n/s/o New York State Route 25 approxi County Filing Date: 7/14/04 SCAN Date: