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HomeMy WebLinkAbout1000-75.-2-2 FINAL PLAT FOR THE CLUSTERED o I kILI N ST SUBDIVISION OF ELYSIAN FIELDS 0 12005 !W E 5 o d MERLOT LLG r 5/7VA7E o o' N 2 2006 W E To SOUTHOLD prate A f South Id Plano 50 TOWN OF SOUTHOLD I/ { �gar d 41� ` 5C7 FOLK COUNT)', NEW YORK S MAP PREPARED JUNE Ci, 2004 SUFFOLK COUNTY TAX MAP NUMBER 1000-75-2-2 FIRE DISTRICT No. 28 � SCHOOL DISTRICT No. 5 j � / i APPLICANT: lot LLG 5qI ddb V�E� Solt Jeffers Path ROAD�� ve Port Jefferson StaLlon, NY II-776 d Key Map J SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CC Hmpp,uge,New Yak MAY A tl ?995 euto etltCV he ffi. uII&WonorIkveluunent Developm cent i T,with a tocol of lot,wee rte ' F.Mfl�muw<'confann lacroshvc6oneulmdude iIn vefrat et ND1eme of a APPROVED BY cooehveSoe and ero ,ub'ect ro py �e ntNry s[mderds. 71de eppmvel Ziwahe wlid cool umumt m those PLAI+If\91P1G B4AP..D mbdivieioNdevelopmmtmep ie duly filed with the County Clerk within ove yeer of this defe.Can,evt ie hertby given farthe Sting of thu mep ^��%'i•� a•\, av wWch this eodonevntot uppeereinthe Offi¢ofthe Comty Clcrkiv ' i, �,•� a mcoMevce wish pmvieioveoflhe Public H.,th Lew and the Suffolk TO\',"11 I- S•OUTHOLD c m ssg.ne�y �\ �O' c2W � � bDATE VITO A MINEI P.E. �� Dhec[or, vice..ofEvvimvmevlW Quvhty UBJECT TO COVENANTS fk RESTRICTIONS LIBER �1381F �\� -- PArC 75 �\ % \ I \ ` � TEST HOLE SOUND SHORE q EXCAVATION Y \ _.. 01-07-OS Ar p9 Ply 05s a'.atr..y q- \l 9 .e: ry oG SM TOP SOIL O f ° - 9, ' .\A ts• , o x 2pj2 3A 5 2 Ohl �L qoo 0'l N� e0 °°t'' 'm. SP SAND AND V00NyPP O��pkoyP' ° �s. , VO PO\ GS'., �,o GRAVEL �9 N O b0 TYPICAL PLOT PLANear m P'1'Y not to scale p95 \ ;, ROAD �W s \ t�11�. A� °�',A.°N' Oeo P� 60 P 66 a n , IBJ — ° ,\ y • \ I �'r i \ \' \\ aP � ED � Z \. Fief ` 111, ` o ICZED �— m \ i , N � ` ` s \ 1 \ moo. oN` t rn O 1�0 vv v NUO 00. '6�036 SF_PTIG SY TEM DETAILy 5�q Obpu� T ,o - NOT TO SCALE G �X �___ S° �°O,-Y O1 rP`�'. obE ° 2loco N, � A o eNo om�A won x° 3 o,Pa 3yc r :0a hm : 0\c, � - �7 1p '�- �,� ;� W of mo T aEwov 1.1 a�o�=ox ,. a YA 3' �m�; 0 � ` I . P - O e �° e 0l1, T„u-ArvobvaTCAu, oz,s 8 \. fm eA°k"j�.Lw,r�eLE..x wA,�m"_ m�m9� 39�E5', h'rh - P`mg N 00 \ ° ----- '� 5: VO�'06' sz G, P. y ono"w,ll 0 vu rs6''I.\\ /fY,oty,° \ p. WN dam Q O 11 0 �Q �._-__--Sczs ,tra�ape v'Vw Q 11 Ty VA'9° ,y ) N"4 o�je pf TH15 15 TO CERTIFY THAT THIS SMPIV1510N PLAT HA5 BEEN APPROVE)BY THE FLANNINS \ ` / �9\ ) 1'� r, e p' k BOARD OF THE TOWN OF SOUTHOLD BY RE50WNON DATED, \\\ �N �/ DATE.___—___ BY. \\ IN I ➢\ AQ S � } �i. N "O6 oZ �pV�i 'I HEREBY CERTIFY THAT THE WATER SUFPLY(5) AND/OR 5EWA5E I \$. , �Yy � _AP'" Notes: DISPOSAL SYSTEM(5) FOR THIS PROJECT WERE DE515NED BY ME OR I \ -Y%3 ,) a a d ✓�0 O�'vvyo NJDER MY DIRECTION.BASED UPON A CAREFUL AND THOROUGH STUDY .0 pp \o r \� OF THE SOIL, SITE AND GROUNDWATER CONDITIONS,ALL LOTS, A5 C 9 X \F• S V. MONUMENT FOUND PROPOSED,CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH I �� O p�4 'g cz SERVICES OON5TRUCTION 57ANDARD5 IN EFFECT AS OF THIS DATE.' s m 3 ° of N E 4y ' s„r' ' ',m s \9 CI PGL \ PARGEL5 LIE IN ZONE DISTRICT AG e y m I S5��3','� n, � •• ��Qr TOTAL AREA = 1,64&,-74-7 5F OR 37.850 ACRES �� m m °Y 4 AREA OF LOTS MICHAEL D. M N.YSPE. LIG.%'10501 2�m \ d Jp a p4 ,4A .Pry \ cf136 /+, P ,2,3,4, COMMON DRIVEWAY AND o D7D5o\ v= O� �� tm� 1 q 1 5 LOT 5 BUILDING AREA = 446,IIq.� S.F. a / °TE) �, ! " OR 10.2415 ACRES ROFESBIO�P \ J°gpJ�' OS59o,1T TEST HOLE HITNE55ED BY HEALTH DEPT. "I HEREBY CERTIFY THAT THIS MAP wAs MADE BY Us FROM ACTAL 5uRVEr5 COMPLETED NOVEMBER 122= f THAT ALL CONCRETE MONUMENTS SHOWN THUS HEREON ACTUALLY EXIST AND THEIR POS ITIONS CORRECTLY SHOWN AND DEGLARATION5 OF GOVENANTS AND RESTRIGTIONS ALL DIMENSIONAL AND SEDDEnc DETAIL ARE CORRECT. HAVE BEEN RECORDED IN THE OFFIGE OF THE T1�'ei^'evS CLERK OF SUFFOLK GOUNTY IN LIBER 123,18 PAGES '780 d X81 AND LIBER 12412 PAGE 42q Revislons: dn� s - , 4yo 06-28-2004, 01-23-2004 JOHN C. EHLERS LAND SURVEYOR GRAPHIG SCALE I`= 100' JOHN HLERS rv.rp.Ls. LIC a sD2 SgOAN� _TT�rt 02-10552005 ' 08-13- 2004 ` '_ WATER 5ERVIGE5 ADDED 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 02-24-2005, 03-15-2005, 05-03-2005, 07-18-2005, RIVERHEAD, N.Y. 11901 O 100 200 300 10-06-2005, 11-1-7-2005 369-8288 Fax 369-8287 REF-Z:\pros\02\02-324b.pro f I PLANNING BOARD MEMBE) MAILING ADDRESS: • P.O. Box 1179 JERILYN B.WOODHOUSE ��oF SO�ryolo Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G MARTIN H. SIDOR �p� 54375 State Route 25 GEORGE D. SOLOMON �� �1 (cor. Main Rd. &Youngs Ave.) comm Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 2005 Ms. Peri L. Grandone Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Standard Subdivision of Elysian Field Located on the n/s/o State Route 25, approximately 545 feet west of Maple Avenue, in Peconic SCTM#1000-75-2-2 Zoning District A-C Dear Ms. Grandone: The Southold Town Planning Board, at a meeting held on Monday, December 12, 2005, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 37.85-acre parcel into 5 lots where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was gifted to the Peconic Land Trust and includes a 2.09-acre building envelope; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the map prepared by John C. Ehlers, LS, dated June 9, 2004 and last revised July 23, 2004; and WHEREAS, the Southold Town Planning Board granted conditional preliminary approval by resolution, dated October 5, 2004, on the map prepared by John C. Ehlers, LS, dated June 9, 2004 and last revised August 13, 2004; and WHEREAS, the Southold Town Planning Board granted conditional final approval by resolution dated June 13, 2005, on the map prepared by John C. Ehlers, LS dated June 9, 2004 and last revised May 3, 2005; and WHEREAS, the applicant submitted a copy of the final map on November 15, 2005; and Elysian Field Resolution Page Two December 13, 2005 WHEREAS, on August 1, 2005, the applicant submitted copies of the filed Covenants and Restrictions and the Road and Maintenance Agreement as required by the Southold Town Planning Board; and WHEREAS, on December 12, 2005, the applicant submitted a Letter of Credit in the amount of$57,400; and WHEREAS, the applicant has paid the administration fee in the amount of $3,444; and WHEREAS, the applicant has paid the park and playground fee in the amount of $20,000; be it therefore RESOLVED, that the Southold Town Planning Board hereby accepts the December 5, 2005 North Fork Bank Letter of Credit #3330001258 in the amount of$60,844 and recommends same to the Town Board; and be it further RESOLVED, that the Southold Town Planning Board finds that all of the conditions of conditional final approval have been satisfied by the applicant; and be it further RESOLVED, that the Southold Town Planning Board grant Final Plat Approval upon the map prepared by John C. Ehlers, LS, dated June 9, 2004 and last revised October 6, 2005, and authorize the Chairperson to endorse the final maps, after the Town Board accepts the Letter of Credit by formal resolution. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, G 2er�ilynB. SGC Woodhouss e Chairperson enc: map cc: Assessors w/enc. Building Department w/enc. Land Preservation w/enc. 2 Number of pages ``C "`ELO ,z iijF PM TORRENS Em"are P.RCI Sine Serial# :J'rriiLt{ rri qyr_ 6t0cfl�i24i Certificate# P . 9 Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Feej Mortgage Amt. Handling 1 1.Basic Tax _ TP-584 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total 17 Spec./Assit. EA-5217(State) Or Spec./Add. R.P.T.S.A. SS(CyCr�� �Y� TOT.MTG. TAX 5 00 Comm.of Ed. a_Dual Town Dual County Held for Apportionment Affidavit �+ ! Transfer Tax _ i Certified Cop � �� Mansion Tax The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total dwelling only: Other YES or NO GRAND TOTALIf NO,see appropriate tax clause on page# of this instrument. S Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. SectionI Block r ^t Consideration Amount $ 1000 07500 0200 002000 Stamp CPF Tax Due S T Date R LPA q Improved 03-0CT-0 Initials Vacant Land 7 Satisfactions . ibvuargesimeieases List Property Owners Mailing Address TD RECORD&RETURN TO: H41? LvT Gc L � TD / TD � 8 Title Company Information Co. Name Title # 9 Suffolk CowAy Recording & Endorsement Page This page forms part of the attached '„/ �� /�rc/7 Dw f made by: (SPECIFY TYPE OF INSTRUMENT) fl L U i L The premises herein is situated in SUFFOLK COUNTY,NEW YORK TO In the Township of In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. fOVERI I IIIIIII IIII VIII VIII VIII VIII ILII VIII VIII IIII III) 1111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 10/03/2005 Number of Pages: 4 At: 09:07:05 AM Receipt Number : 05-0103386 LIBER: D00012412 PAGE: 429 District: Section: Block: Lot: 1000 075.00 02. 00 002 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 . 00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0 .00 NO Notation $0.00 NO Cert.Copies $5 .00 NO RPT $30 .00 NO SCTM $0. 00 NO Fees Paid $72 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this;day of '2005 by Merlot LLC with offices at 591A Bicycle Path, Port Jefferson,NY 11776, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the North side of Main State Road 25, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into five (5) lots, as shown on the Subdivision Map of "Elysian Fields"prepared by John C. Ehlers Land Surveyor, last dated May 3, 2005 which map will be filed herewith in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenant and Restriction be imposed on said lots 1 and 2, 3, 4 and 5, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenant and restriction as herein cited, which shall nm with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns,to wit: No building permits shall be issued for any of the lots on the approved map until a curb-cut permit has been issued by the New York State Department of Transportation for the proposed 25'-wide right-of-way as shown in the location on the approved subdivision map. This covenant and restriction shall nm with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 4) Each lot owner is responsible for preventing runoff onto neighboring properties. 5) Prior to the commencement of any construction activity on lots 1, 2, 3, 4 and 5, a NYSDEC SPEDS General Permit must be secured and submitted. 6) As described in a separate Road Declaration, lot owners 1, 2, 3 and 4 shall have a mutual non-exclusive, perpetual easement over and access across the road, which is part of Lot 5, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie- into, flow through and use the utility services located on, over or under the road. 7) Direct access to and from Lot 5 to onto State Route 25 is prohibited. Access to Lot 5 shall be from the 66' wide right-of-way. 8) For turn around purposes, the extension of the road into Lots 3 and 4 will remain free from obstructions or gates that would infringe upon the use of the road. 9) No residential structures shall be constructed on Lot 5. 10) The 2.0997-acre development area within Lot 5 shall not be further subdivided. This covenant shall not preclude the construction of such structures within the development area for uses permitted by the Conservation Agreement which encumbers the entire area of Lot 5. 11) By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction,be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee therof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and year first written above. For FertLLCBy: Corp.,Managing M er Azte i erodotus Damianos, M.D.,President iATE OF NEW YORK SS: UNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPA THE ANNEXED COPY OF DEED LIBER I iR Lt tA AT PAGE _ RECORDED to -3-05� 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 AFFFITHE SEAL OF SAID COUNTY AND COURT THIS OfCL DAY OF D� k5 CLERK IMIN.1=71 ......yI VVIIYI.,.,OVI R No.5053136,Suffolk County Commission Expires December 11,20a!52' 1Ficlelity"National Title - INSURANCE COMPANY TITLE NO. 05-7404-60626.SS-STJVF SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the easterly side of land now or formerly of Jacqueline C. and/or George S. Bauer; RUNNING THENCE along said land, North 21 degrees 54 minutes 50 seconds West 225.04 feet and South 58 degrees 33 minutes 10 seconds West 183 . 14 feet to land now or formerly of Stanley Mokus; RUNNING THENCE along said land, North 23 degrees 32 minutes 30 seconds West 2358.65 feet to the southerly side of the Long Island Railroad; RUNNING THENCE along the southerly side of the Long Island Railroad, North 60 degrees '33 minutes 00 seconds East 620 .76 feet to land now or formerly of Wicpzynski; RUNNING THENCE along said land, South 26 degrees 02 minutes 30 seconds East 2077.18 feet to land now or formerly of Stelzer; RUNNING THENCE along said land and along lands now or formerly of Gajeski and Harris, South 26 degrees 42 minutes 50 seconds East 306.84 feet to land now or formerly of Henry Stelzer; RUNNING THENCE along said land, South 61 degrees 35 minutes 00 seconds West 131.73 feet; RUNNING THENCE along land now or formerly of F. Stelzer, South 59 degrees 05 minutes West 125 feet and South 26 degrees 15minutes East 175 feet to the northerly side of Main Road; RUNNING THENCE along the northerly side of Main Road, South 59 degrees 11 minutes 30 seconds West 305. 54 feet to the point or place of BEGINNING. 24 Commerce Drive•Riverhead,New York 11901 • (631)727-0600 • Fax: (631)727-0606 OFFICE LOCATION: MAILING ADDRESS: Town Hall AnnexoQf S0(/�yOl P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY � Telephone: 631 765-1938 www.southoldtownuy-gov coUNT`I PLANNING BOARD OFFICE TOWN OF SOUTHOLD ' February 20, 2019 Christina Mauceri, Office Manager RHX Corp. 591-A Bicycle Path Port Jefferson Station, NY 11776 Re: Merlot LLC/Elysian Fields Subdivision Letter of Credit#300033.89-00 SCTM# 1000-75-2-2.1, 2.2, 2.3 2.4 and 2.6 Dear Ms. Mauceri, The Town of Southold has reviewed the request to amend the applicant (account party) name on the Letter of Credit#30003389-00 from RHX Corp and Gamay LLC for the Elysian Fields Subdivision, and approves the request. Upon completion of the amendment please provide this office with an original copy for -our records. Sincerely, i r MerAl o Aing Director Cc: Elizabeth Neville, Town Clerk William Duffy, Town Attorney /I Michaelis, Jessica From: Terry, Mark Sent: Wednesday, February 20, 2019 10:58 AM To: Michaelis,Jessica Subject: FW: Elysian Fields Subdivision Please file—laserfiche. From: Duffy, Bill Sent: Wednesday, February 20, 2019 9:05 AM To: Terry, Mark Subject: RE: Elysian Fields Subdivision Yep. It is ok, Vlilliam M Duffy, i:s. . Town Attorney Town of Southold Southold Town Ann,x 54375 Roue 25 (Main Road) P.O. Box 1,179 Scul,holo; it#ew Yorl< 11971.-0959 Office: 531.765-1939 Fax: 831.755.6639 Email: bil1d@southold'townnv,;ov ATTORNEY-CLI ENT COM MU IICATIOit?,ATT ORN �`WORKPRODUCi, INTER/INTRAAGENCYCOtvMUNIC ION; RIOT Si Ji3JECT TO FREED�-M OF IMFORMu T". ri �AVV ?iSCLOSi RE; DO NOT FORNMARD WITI-TOUT f=-RMISSICi' Note: Service of legal documents is not permit ed via electronic mail or fax. The information contained in this electronic message an:.I any attachments to this message are intended for the e;,clusive ,,:e of tele M ddreas�a, S}an = -"=gay cor'y,rr rr for,r,ationthat rs pr€lr, -"god,cc>i&dentis.: _ nd exempt from disClnslare under applicable law. Unin-ended transmission shall riot consjiuce a waiver of the attnrr ey/client p ivilege or any oiler rivilec ii the €wader n t; iS rrrc,�r� e is ne t the inter c ed recipient,you are 'rye,eby noti3ieci Gnat any 3T, conversion w } , c rfyirr:, reproduction, cy"flatior<, itIs , Use 01, or taking of<ai'i}- acLion, or oniis�,(j 3 to is;!:e action, in reliance Upon, L"Tis carni-n€.Inicai'i;,F) by pe'sor's tai'r ntities other th in Die intended recipient is cru,,ibited, If you have received this conununiczit;on :ii error, please till notify m it=rrnediat. :.y by tel,-ih ane at 939, (ii) 'Urn the origin'! ' 5srt -and al: : )pies to ::>at th', i i•le Viii it1E' i i'istal er?'s t' andi:i)C7f its lli Yir Sac3 C a('� i"1}f rTlo ;-ial at aclie � trEen to Irorn c:r1`p' I t•;r disk drive, disi eAe, o otI`ier Ft-,,'age devi, e or media. From: Terry, Mark Sent: Wednesday, February 20, 2019 8:29 AM To: Duffy, Bill Subject: FW: Elysian Fields Subdivision Bill, Below is the answer regarding the relationship of Gamay for purposes of changing the performance guarantee. Let me know if this addresses your concern and I will prepare a letter. 1 Mark Terry,AICP,APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631)765-1938 Mark.Terry@town.southold.nv.us From: Frank Leitgeb [mailto:frank@lvllp.com] Sent: Tuesday, February 19, 2019 10:34 AM To: Terry, Mark Cc: Chriswine006@aol.com Subject: [SPAM] - RE: Elysian Fields Subdivision EI TG E B : V Hi Mark, I'm the accountant for Gamay and Rhx Corp and as such I am addressing the question (below) as to the relationship between RHX Corp and Gamay LLC. As part of an estate tax plan it was decided to dissolve RHX Corp and move the assets to its' sole shareholder (the estate of Herodotus Damianos). From there, the assets were redistributed to newly created entities that were created as Ll-Cs as opposed to corporations. Gamay LLC is part of a tiered partnership where the single member owner is Sweet Scarlett LLC. The sole owner of Sweet Scarlett LLC is the estate of Herodotus Damianos. Essentially we have the same owner and just moved the assets to new entities. Hope this answers your question, please contact me with any questions and/or comments. Thank you. 171W" zer.:;e0d, Frank M Leitgeb, CPA Leitgeb &Vitelli, LLP 1 140 Adams Ave, Ste A-6, Hauppauge, NY 11788 tel 631-382-3500 private fax 631-982-4737 office fax 631-360-5968 e-mail- Frankalvllp com Please use links below to follow us on Twitter, FaceBook and/or Linked Infor the latest updates in tax and business news 2 Confidentiality Notice: This e-mail and any attached files are intended solely for the use of the individual or entity to which this mail is addressed and may contain information that is-privileged, confidential and exempt from disclosure under applicable law. Any use, disclosure, copying or distribution of this e-mail or the attached files by anyone other than the intended recipient is strictly prohibited. If you have received this e-mail in error, please notify the sender by reply e-mail or collect call to (631) 382-3500 and delete this e-mail and attached files from your system. Thank you Please be informed that any tax advice contained herein, including attachments, is not intended or written to be used and cannot be used by a taxpayer to (i) avoid tax penalties or(ii) promote, market or recommend a transaction or matter to another person. From: chriswine006@aol.com <chriswine006@aol.com> Sent: Friday, February 8, 2019 10:38 AM To: Frank Leitgeb<frank@Ivllp.com> Subject: Fwd: Elysian Fields Subdivision Can you do this for me?We are now trying to change it from RHX LLC to Gamay LLC. C,h-ig r o s t n ca Office Manager Pindar Vineyards * Duck Walk Vineyards Jason's Vineyard * RHX Corp. 591-A Bicycle Path Port Jefferson Station, NY 11776 Tel (631) 473-4689 ** Fax (631) 331-7317 Chriswine006@aol.com From: mark.terry�town.southold.ny.us To: chriswine006CcDaol.com Sent: 2/8/2019 10:19:44 AM Eastern Standard Time Subject: RE: Elysian Fields Subdivision Christina, Sorry for the delay. I have been out sick. The Town Attorney is asking for a letter on the relationship of the two companies. 3 Mark Terry,AICP,APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631)765-1938 Mark.Terry@town.southold.ny.us From:chriswine006@aol.com rmailto:chriswine006@aol.coml Sent:Wednesday, February 06,2019 11:04 AM To:Terry, Mark Subject: Fwd: Elysian Fields Subdivision HI mark, I still have not received the letter and the bank is really getting on my case? Please advise me. 4 r Thank you Christina Office Manager Pindar Vineyards * Duck Walk Vineyards Jason's Vineyard * RHX Corp. 591-A Bicycle Path Port Jefferson Station, NY 11776 Tel (631)473-4689 ** Fax(631) 331-7317 Chriswine006@aol.com From: chriswine006@aol.com To:.mark.terrv@town.southold.nv.us Sent: 1/30/2019 10:17:34 AM Eastern Standard Time Subject: Fwd: Elysian Fields Subdivision Christina Office Manager Pindar Vineyards * Duck Walk Vineyards Jason's Vineyard * RHX Corp. 591-A Bicycle Path Port Jefferson Station, NY 11776 Tel (631)473-4689 ** Fax (631) 331-7317 5 Chriswine006@aol.com From: chriswine006@aol.com To: mark.terry@town.southold.ny.us Sent: 1/25/2019 11:31:24 AM Eastern Standard Time Subject: Elysian Fields Subdivision Hi Mark, The final process in doing this is the need the attached letter of your approval going from RHX LLC to Gamay LLC. Thank you Christina Office Manager Pindar Vineyards * Duck Walk Vineyards Jason's Vineyard * RHX Corp. 591-A Bicycle Path Port Jefferson Station, NY 11776 Tel (631)473-4689 ** Fax(631) 331-7317 Chriswine006@aol.com 6 Michaelis, Jessica From: Terry, Mark Sent: Monday, October 15, 2018 8:59 AM Tr- To: To: Michaelis, Jessica Subject: FW: RE: RE: Re: Merlot LLC Subdivision Attachments: Gamay LLC_Draft_10092018.docx g D k i ' rPLi�IioJef 1�7+°v�� ' Please print for file and mail. _ .. Piruqq 1. From: chriswine006@aol.com [mailto:chriswine006@aol.com] Sent: Monday, October 15, 2018 8:42 AM To: Terry, Mark Subject: Re: RE: RE: Re: Merlot LLC Subdivision Hi mark, Can you guys sign this and send back to me, this is for the sub division. Thank you Christina Office Manager in ar Vineyards * buck alk Vineyards Jason's Vineyard * RHX Corp. 591-A Bicycle Path Port Jefferson Station, NY 1177 Tel ( 31) 473® ** Fax ( ) 331-7317 Chriswine006@aol.com In a message dated 2/27/2018 8:42:32 AM Eastern Standard Time, mark.terry@town.south old.ny.us writes: Christina, When can we expect a copy of the Letter of Credit for this subdivision? Mark Terry, AICP, APA Assistant Director of Planning LWRP Coordinator t. Town of Southold 54375 State Route 25 P.O. Box 1.179 Southold, New York, 11971 (631)765.4938 Marl .Terrv@town,.SOLlthOl�Lgy.us From: chriswine0( 0 �-0agI&Qt1i [ma i Ito:ch riswi ne006@aoI.cuii] Sent: Thursday, November 30, 20178:41 AM To: Terry, Mark Subject: Re: RE: RE: Re: Merlot LLC Subdivision Great thank you. Can you e-mail me a copy? Also what address did you mail it to? Thanks c h �r is t i n a Off ice Manaqer, Pindar Vk,ieyards Nxk Wok Vineyards J'arson's Vineyard RH, X Coi�-p, 591--A 8,icyde Path 2 Port Jefferson Station, NY 11776 Tel (631) 473-4689 ** Fax (631) 331-7317 Chriswine006@aol.com In a message dated 11/29/2017 1:59:27 PM Eastern Standard Time, u writes: Christina, A letter to will be sent out today approving the request. Let me know if you ineed anything else.. Mark Terry,AICIP,AIPA Assistant Director of IPllanrning LWRIP Coordinator town of Southold 54375 State Route 25 P,,O. lido .1.1'79 Southold, New York, 1:1,971 (631) 765-4938 Mark.Terr r town.southold..nyus From: chri�wine gal cerci [91ai Ito (Ji riswi ne006 ...... ...... Sent: Monday, November 20, 2017 12:14 PM To: Terry, Mark Subject: Re: RE: Re: Merlot LLC Subdivision 3 Hi Mark, As per our phone conversation please see the attached, Thankyou C h ri, s tin a Office r Pindar Vineyards buck Walk Vineyards Jason's Vineyard RHX Corp. ® Bicycle Path Port Jefferson Station, NY 11776 Tel (631) 473-4689 11* Fax (6 1) 331....73 .7 Chriswine006@aol.com In a message dated 11/9/2017 8:28:46 AM Eastern Standard Time, niark,ten, writes: Ylf. .................. Christina, We Wfl generate as Iletiler, Mair°.Terry,AlC11, APA AissNtant Nrector of 11aniniii'ig ILWIP U)oo"dinat(n Towin of'Souti'mW 54375 State Route 25 P.O. Box 11,79 SouthoW, INNw York, 11,971. (6t„) 765 1,938 Mark.Terry,@towti.southold.ny.ti From: chriswine006Lduaolcoi�) [nia i Ito:ch ri-swine006'd�aol&oij q) Sent: Monday, November 06, 2017 10:54 AM To: Terry, Mark Cc: Michaelis, Jessica Subject: Re: Re: Merlot LLC Subdivision Hi Mark, I never heard back from you on this? Please advise me, Thank you In a "h in i Of f�ce Manager Ph,idar Vneyw­ds Lx.jck Wd< Voneyards 5 Jason's Vineyard * RHX Corp. Bicycle Path Port Jefferson Station, 1177 Tel ( 7 - ** 7 Chriswine006@aol.com In a message dated 11/1/2017 1:37:03 PM Eastern Standard Time, cir � 6oc( ffa�rr:aa�l.crr writes: Hi Mark, I just spoke to the bank and they advised me that because the town is the beneficiary the need the following. A letter in writing reference Letter of Credit#30003389-00, giving us permission to change the name from Merlot LLC to RHX Corporation. Please advise me. Thank you c h ris i n a Of ce Manager i,Muir Wneyar s * buck WA Vineyards Jason's Vineyard P%HX Corp:, 591--A Bucycle Path 6 Port Jefferson Station, NY 11776 Tel (631) 473-4689 ** Fax (631) 331-7317 Chriswine006@aol.com In a message dated 10/19/2017 10:10:08 AM Eastern Standard Time, iiizrrk,Gcrrl'�i�IOW«.SOLltliolwd.ny<us writes: Christina, As discussed, have the bank re-issue the bond in the new company name for the full amount. Upon completion, please provide a copy to this office for our files. Mark Terry, AICP, APA Assistant Director of Planning LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631) 765-1938 ar€® er �) ow ®so t o s I� C DRAFT FOR DISCUSSIONS ONLY DK&FTOFSTANDBY LETTER 0FCREDIT FOR REVIEW AND APPROVAL If the language for this standby Letter of Credit is satisfactory to the Beneficiary,please sign below and enlail to out-Trade SomicvsDcpnnmcnt at/mde.,vmicco@):upiu|ono.com El Approved Signature Do,c of Issue:� _ 20l ____ _ BENEFICIARY: Town ofSouthold 54375State Route 25 Southold,YV}' |l97| IRREVOCABLE STANDBY LETTER OF CREDIT NO. FOR U.S.$60,844.00 LADIES AND GENTLEMEN: At the request and for the account ofGumuy LLC with abouinens address of 591-A Bicycle Path, Port Jefferson Station, NY 11776 (^&pp|iuunt'). v/e Capital One, N./\, Attn: Trade Finance Serviueo. Deportmeot |2 18056-0500, 802 Delaware Avenue, Wilmington, DB 19801 ("Issuer") issue this irrevocable standby Letter ofCredit number . [reference mumberl ("Letter ofC/edit`) in favor of Town of Southold ("Beneficiary") in the maximum aggregate umountofSixty Thousand Eight Hundred Forty-Four and U0/lOO (D.S. $60,844.00). Issuer undertakes to Beneficiary to pay Beneficiary's demand for payment in the currency and for on amount available under this Letter ufCredit and inthe form ofthe attached Payment Demand completed as indicated and presented to /xoour in person, by registered mail, or by nationally recognized overnight courier following place for presentation: Capital One, N.}\, Attn: Trade Finance Services, Department |3 18056-0500, 802 D6uvvure Avenue, Wilmington, DE |980l, onorbefore the expiration date. This Letter of Credit expires nn 11 year from doic ofisxuanxcl at 3:00 P.M. a/ Issuing Bank's counters at Capital One, N.&, Attn: Trade Finance Services, Department |I 18056-0500, 802 Dc|u*um Avenue, Wilmington, DG |080| un|oou extended as ummd ho|uw. Partial and multiple dmvvin�sunder this LeVerofCredit are permimud. The expiration date of this Letter ofCredit shall be uotnmo6ca||y ox/cnJrd kOruuccooivc one-year periods, unless Issuer notifies Beneficiary by overnight courier scnt to Beneficiary's above-stated address thirty 801 or more days before the then curpcnt expiration date that Issuer elects not to extend the expiration dom. Any such notice shall he sent to Beneficiary by overnight Courier and is nffeodvc/hu/Joy. 6xceptvvhcpc /hu omnuntofthis Letter ufCredit is inopooscd. this Letter o[Credit cannot be modi6ed, amended or revoked Without Beneficiary's consent. This Letter of Credit sets forth in f/|| the terms of Issuing Bank's undertaking and ouch ondertxkin& aho|| not in any "/oy be modiOed, amended or amplified by reference to ally document or ins/mmcnt rcfermd /o herein or in which this icnnr u[Crcdi/ is rel'cnod to or to which this Letter of Credit relates, and ally mch rrferrncc shall not be Jcomrd to incorporate herein by reference any document nr ingmmont. Beneficiary requests /or amendment of this Stundhy, indudin- umcndmon/ to reflect a ohon&o in Beneficiary's address, Should be made to App|icont, who may then request Issuer to issue the desired amendment. 'JI Ill m | u/ I I/ I I I m |' 1 1 /� 1 ! / |I x m ' x| /x| Hm x / xo x'n, x) xv/ u .n| /1 1/o w C�\ nn/ m p� x/ m I //x� 1 1nnm ' mn// m, x / /.o 1/o / 1 / ,u ' u1 m/ u`nx �/m� P1 /xI / , `/ Iu 'm , " |111 HI I / Ixm /d nov :/ This Letter of Credit is transferable in whole only, but not in part. Applicable transfer charges of 1/4 of 1% on the amount being transferred (or minimum U.S. $250.00) are for the account of the Beneficiary. Should you desire to transfer, such transfer will be subject to the return to us of this original Letter of Credit and any amendments thereto accompanied by your written instructions in the form of Exhibit A enclosed. We hereby agree to transfer this Letter of Credit upon our receipt of Beneficiary's written request for transfer. Under no circumstances shall this Letter of Credit be transferred to any person or entity with which U.S. persons or entities are prohibited from conducting business Under U.S. foreign asset control regulations and other applicable U.S. laws and regulations. To the extent not inconsistent with the express terms of this Letter of Credit, this Letter of Credit shall be governed by, and construed in accordance with, the International Standby Practices (1998) of the International Chamber of Commerce Publication No. 590 ("ISP98"). As to matters not covered by the ISP98, this Letter of Credit shall be governed by the laws of the State of New York, including,to the extent not inconsistent with the ISP98,the Uniform Commercial Code as in effect in the State of New York. Capital One,N.A. ............................ Authorized Signatory Name: Title: 111, D1, %I[ 11+ Id:1 I'f71:IIIlJl 1 I INE", I I 11,, H I I I R Cd f, R LHI I I)R,',,I I V,11 AIT11",f)�A ID R", T1 ( AN j 11: 1111 k 1 V,, �\,:Y W4 R I V M -,)\I I i,, I 111 DI I-)IIA H", I I )1 1", (A C 4EH)I I DI""All "A,"',1) 1111 H I I I d", 0) � IZI 1')I I APPI k A J 1( M I%\ 1p,,.1 APPI K AN I Aod)(':'Mf 11 '�, %\ I If D1 Al I II R1 (fl ,,I I,`I I I'1 k", M I Payment errand [INSERT BATE] Capital One,N.A. 301 West 11`I'Street,Floor 3 Wilmington,DE 19801 Attention: Trade Services Re: Standby Letter of Credit No. [reference number], dated [date], issued by Capital One, N.A. ("Letter of Credit") The undersigned Beneficiary demands payment of[INSERT(1 IRRI-'N(, fAc)I„NT] under the Letter of Credit. Beneficiary states that [INSERTd)M� 41"&V 1111 9 til LOW9'hIG ALTERNATIVE STATEMENTS Applicant is obligated to pay to Beneficiary the amount demanded[, which amount is due and unpaid] under[ or in connection with] the agreement between Beneficiary and Applicant titled [agreement title] and dated [date]. [Beneficiary further states that the proceeds from this demand will be used to satisfy the above-identified obligations and that Beneficiary will account to Applicant for any proceeds that are not so used.] or the Letter of Credit is set to expire fewer than thirty [3 ] days from the date hereof,because Issuer has given a notice of non-extension of the Letter- of Credit, and the amount demanded is required as cash collateral to secure the unmatured or contingent obligations of Applicant under[ or in connection with] the agreement between Beneficiary and Applicant titled lareement title] and dated [date]. Beneficiary further states that the proceeds from this demand will be used to secure the above-identified obligations and then to satisfy them as they become absolute and due and that Beneficiary will account to Applicant for any proceeds that are not so used.] Beneficiary requests that payment be made by wire transfer to an account of Beneficiary as follows: (INSERT NAME, , 1.1171ws lll)ICf)uI lmI iW[NIBER OF--BENEFICIARY'S BANK,l 1�k111��,hh 11 �1°��llr NUMBFR R(_) UI NFFIC.:`k S M (Ot�t1"C]. [Beneficiary's name and address] By its authorized officer: [1NSERT(_)Rk0N_1.1_f1O"`AT lMI [INSERT I`'04 1 rP'q"10a ,1 n 1 ) AN11' eAN a 11 I'1 l,] I I 111 Gl l 0I `' 'd,I I OP. I I I I ll.M1, 1"', 1111' 1,18°6', )11 s h,1 011 C)I A: I ?,I I. 11"PIt,O\ ,j))i `� I I'l l�:';�,^SII II (III )1111)1,1 1' 1NX l Idl I V,I 1 ° 1111 1)1:1,AII �01 "1141 I I 1T1 1"' ))P( ltl.11l I I'a[ 11"1 :'0J) I if ! I I 1 I I',01 ) It d)I :11'1''1 11)'A (11.1111 I I A 111I 1 1) 1 0,1)f x,1'1 I A1 W 1 "! A, '111: 01 1 \H ` 111 I0 (fl ',,11;1,1 I 1'11.I,V,UI EXHIBIT A Transfer Application Capital One,N.A. Date ----------- ............................ 301 West I I`"Street,Floor 3 L/C Wilmington,DE 19801 Attention: Trade Services Ladies and Gentlemen: We hereby give you irrevocable instructions to transfer this Letter of Credit to: Name of transferee Address Under the same terms and conditions, It is understood that any amendments to the Letter of Credit which you may receive may automatically and unilaterally be advised by you directly to the transferee and that the drafts and documents of the transferee, if presented according to the terms of the Letter of Credit, may be forwarded by you directly to the party for whose account the credit was opened(or any intermediary)without our intervention. We warrant that this transfer is not in violation of U.S. Foreign Assets Control and other applicable U.S. laws and regulations. We understand that this transfer is subject to the International Standby Practices(1998)of the International Chamber of Commerce Publication No. 590("ISP98"). Very truly yours, ..... ........... -,""I'll", 11-111-1-11-.......... Beneficiary name ............ ...........I I 1 1-111111-- Authorized signature L I I I I fl:I all ",,"I"k I I 011 I I I f ILk'J h" I a,;'lI H'� J, "I D (fl ( RJ A I M"11 IAR'l WIT01, I I)H Y APTI 1( 11 IIII k"I DS( 1,1 "I'll"C"11 RI 1'W1 :N 1 I I Sl.'I 1\1I ,,01 1)11" IJ 'I'I'I R OF RJ DJ I I SN'AJ I a,:ALS 1111: f I I I I R()I ( 'N I)I I APIN 1( 131,I\\HH", AP111 R I AND CAPIT M�("NI ``' A I I H M I';All 111 Ri 01 I'll "I'll I IR"I \11 OF y o PLANNING BOARD MEMBERS sory MAILING ADDRESS:P.O. Box 1179 MARTIN H.SIDOR Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Town Hall Annex KENNETH L.EDWARDS JQ 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI u0 i Southold, NY Telephone:631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE Via Facsimile TOWN OF SOUTHOLD December 2, 2011 Heridotos Damianos 591 R Bicycle Path Port Jefferson Station, New York 11776 Re Standard Subdivision of Elysian Fields Letter of Credit SCTM# 1000- 75.-2-2 Dear Mr. Damianos, It has been brought to our attention that the letter of credit#3330001258 issued by the North Fork bank on December 5, 2005 in the amount of$60,844.00 will expire on December 4°i and cannot be renewed through Capital One Bank. On November 16°' the Planning Board alerted you of the issue by letter. We have not received an alternative performance guarantee to date. Pursuant to § 240-34. Forms of security, a performance guarantee must be in place until all guaranteed work is complete. Please submit a performance guarantee dated on or prior to December 4"'to comply with this regulation. The complete language of§ 240- 34. is attached for you reference. Sincerely, Mark Terry Principal Planner Enc. Cc: Members of the Planning Board Heather Lanza, Director of Planning Elizabeth Neville, Town Clerk Jamie Richter, Office of the Town Engineer. § 240-34. Forms of security, expiration and terms of bonds; default. A. Form of security. Any security to a bond must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attomey as to form, sufficiency and manner of execution, and shall be limited to: (1) The deposit of funds in a savings passbook or a certificate of deposit(CD) issued by a bank or trust company located and authorized to do business in the State of New York and maintaining an office for the transaction of its business in the Town of Southold. The Town Board may require that the savings passbook or CD be accompanied by an executed withdrawal slip made payable to the Town of Southold and/or an assignment of the right to the funds upon a default. Each passbook or CD shall also be accompanied by a letter from the bank acknowledging the use of the passbook or CD as security to a bond and that no funds will be released unless authorized by a resolution of the Town Board. (2) An unconditional and irrevocable letter of credit from a bank or a corresponding bank located and authorized to do business in the State of New York. The letter of credit shall certify the following: (a) That the creditor does guarantee funds in an amount equal to the performance bond estimate. (b) That, in the case of failure on the part of the applicant to complete the specified improvements within the required time period, the creditor shall pay to the Town Board immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter. (c) That the letter of credit may not be withdrawn, or reduced in amount, until released by the Town Board. (d) That the term of the letter of credit shall extend at least six months past the term of the bond. (3) Obligations of the United States of America. (4) Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full amount of the security required. (5) Upon the recommendation of the Planning Board, the Town Board may accept a deed, transferring the fee title of real property, free and clear of any mortgage or lien, having a value established by the Town Tax Assessor of at least 150% of the amount of the security required, such title to be held by the Town in escrow only for the purpose of securing the performance or maintenance required. The Town Board shall retain the right to reject the use of a property escrow where there is no benefit to the Town or it may reject the use of any 0 property when the value of such property is sufficiently unstable, when it believes that the property will be unusually difficult to sell or for other reasons such as will inhibit the Town from exchanging the property for a sufficient amount of money to complete the required improvements. Said deed shall be accompanied by the following: (a) All documents necessary for recording of the deed in the Suffolk County Clerk's Office. (b) An agreement with the Town Board, to be filed in the Office of the Suffolk County Clerk, stating the following: [1] That, in the event of default in performance or maintenance for which the undertaking shall be given, the Town Board may accept the property on behalf of the Town of Southold. In such a case, the Town may record the deed in the office of the Suffolk County Clerk, sell such real property and apply the net proceeds of the sale in the same manner as if the funds had been held in a deposit or certificate described in Subsection A(1) above. [2] That the grantor shall pay all real property taxes on the property held in trust during the term of the bond. (3] That the property to be placed in trust as an improvement guarantee will not be used for any other purpose, or pledged as a security in any other matter, unless and until released by the Town Board. [4] That upon the completion of the work or maintenance period or when the benefit to the Town shall have been received or the purpose of accepting this form of security is deemed unnecessary by the Town Board, the deed and/or title to the subject property shall be released or conveyed to the grantor or such other person as may be entitled to the same, free and clear of any liens or defects, except those in existence at the time of the delivery of the deed to the Town and which continue in existence or which may have thereafter been placed thereon with the knowledge and consent of the owner. [5] Affidavit of title or title certification affirming that the property to be used as a guaranty is free and clear of any encumbrances or liens at the time it is to be put into trust. [6] Notwithstanding the aforementioned provisions, the Town Board may, in its discretion, accept such other security as may be allowed by law, where there is a benefit to the Town. [7] If the term of the performance bond will expire prior to the completion of the public improvements, the Town Engineering Office and/or Superintendent of Highways shall recommend to the Planning Board either that the term of the bond be extended to permit completion of the work by the applicant or that the bond be declared in default. The Planning Board shall advise the Town Board, by resolution, if its recommendation is for the extension or default of the bond. The Town • i Board shall act on the extension or declaration of default on the performance bond. [8] The performance bond shall have a term of two years. The term and requirements of a performance bond may be extended or modified by the Planning Board, in consultation with the Town Engineering Office and the Superintendent of Highways, with the approval of the Town Board. B. Default. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said performance or maintenance bond or security agreement to be in default and collect the sum remaining payable thereunder, and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. OF so • TQAILING ADDRESS: PLANNING BOARD MEMBERS �� Tyo P.O. Box 1179 MARTIN H.SIDOR �0 Southold, NY 11971 Chair OFFICE LOCATION: H WILLIAM J.CREMER5 :kc Town Hall Annex G Q KENNETH L.EDWARDS %2 54375 State Route 25 JAMES H.RICH III ' (cor.Main Rd. &Youngs Ave.) CommNALD J.WILCENSKI n 1, Southold, NY Telephone:631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 16, 2011 Heridotos Damianos 591 A Bicycle Path Port Jefferson Station, New York 11776 Re Standard Subdivision of Elysian Fields Letter of Credit SCTM# 1000- 75.-2-2 Dear Mr. Damianos, It has been brought to our attention that the letter of credit#3330001258 issued by the North Fork bank on December 5, 2005 in the amount of $60,844.00 has not been renewed. Pursuant to § 240-34. Forms of security, a performance guarantee must be in place until all guaranteed work is complete. Please submit a performance guarantee as soon as possible to comply with this regulation. The complete language of§ 240-34. is attached. Sincerely, r Terry rincipal lanner Cc: Members of the Planning Board Elizabeth Neville, Town Clerk Jamie Richter, Office of the Town Engineer. § 240-34. Forms of security, expiration and terns of bonds, default. A. Form of security. Any security to a bond must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to: (1) The deposit of funds in a savings passbook or a certificate of deposit(CD) issued by a bank or trust company located and authorized to do business in the State of New York and maintaining an office for the transaction of its business in the Town of Southold. The Town Board may require that the savings passbook or CD be accompanied by an executed withdrawal slip made payable to the Town of Southold and(or.an assignment of the right to the funds upon a default. Each passbook or CD shall also be accompanied by a letter from the bank acknowledging the use of the passbook or CD as security to a bond and that no funds will be released unless authorized by a resolution of the Town Board. (2) An unconditional and irrevocable letter of credit from a bank or a corresponding bank located and authorized to do business in the State of New York. The letter of credit shall certify the following: (a) That the creditor does guarantee funds in an amount equal to the performance bond estimate. (b) That, in the case of failure on the part of the applicant to complete the specified improvements within the required time period, the creditor shall pay to the Town Board immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter. (c) That the letter of credit may not be withdrawn, or reduced in amount, until released by the Town Board. (d) That the term of the letter of credit shall extend at least six months past the tern of the bond. (3) Obligations of the United States of America. (4) Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full amount of the security required. (5) Upon the recommendation of the Planning Board, the Town Board may accept a deed, transferring the fee title of real property, free and clear of any mortgage or lien, having a value established by the Town Tax Assessor of at least 150% of the amount of the security required, such title to be held by the Town in escrow only for the purpose of securing the performance or maintenance required. The Town Board shall retain the right to reject the use of a property escrow where there is no benefit to the Town or it may reject the use of any property when the value of such property is sufficiently unstable, when it believes that the property will be unusually difficult to sell or for other reasons such as will inhibit the Town from exchanging the property for a sufficient amount of money to complete the required improvements. Said deed shall be accompanied by the following: (a) All documents necessary for recording of the deed in the Suffolk County Clerk's Office. (b) An agreement with the Town Board, to be filed in the Office of the Suffolk County Clerk, stating the following: [1] That, in the event of default in performance or maintenance for which the undertaking shall be given, the Town Board may accept the property on behalf of the Town of Southold. In such a case, the Town may record the deed in the office of the Suffolk County Clerk, sell such real property and apply the net proceeds of the sale in the same manner as if the funds had been held in a deposit or certificate described in Subsection A(1) above. [2] That the grantor shall pay all real property taxes on the property held in trust during the term of the bond. [3] That the property to be placed in trust as an improvement guarantee will not be used for any other purpose, or pledged as a security in any other matter, unless and until released by the Town Board. (4] That upon the completion of the work or maintenance period or when the benefit to the Town shall have been received or the purpose of accepting this form of security is deemed unnecessary by the Town Board, the deed and/or title to the subject property shall be released or conveyed to the grantor or such other person as may be entitled to the same, free and clear of any liens or defects, except those in existence at the time of the delivery of the deed to the Town and which continue in existence or which may have thereafter been placed thereon with the knowledge and consent of the owner. [5] Affidavit of title or title certification affirming that the property to be used as a guaranty is free and clear of any encumbrances or liens at the time it is to be put into trust. [6] Notwithstanding the aforementioned provisions, the Town Board may, in its discretion, accept such other security as may be allowed by law, where there is a benefit to the Town. (7] If the term of the performance bond will expire prior to the completion of the public improvements, the Town Engineering Office and/or Superintendent of Highways shall recommend to the Planning Board either that the term of the bond be extended to permit completion of the work by the applicant or that the bond be declared in default. The Planning Board shall advise the Town Board, by resolution, if its recommendation is for the extension or default of the bond. The Town Board shall act on the extension or declaration of default on the performance bond. (8] The performance bond shall have a teat of two years. The term and requirements of a performance bond may be extended or modified by the Planning Board, in consultation with the Town Engineering Office and the Superintendent of Highways, with the approval of the Town Board. B. Default. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said performance or maintenance bond or security agreement to be in default and collect the sum remaining payable thereunder, and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. • TraPervices Department 212.938.2703 1001 Avenue of the Americas 212.944.5447 Fax Cap��t New York, NY 10018, USA SWIFT ID: NFBKUS33 Bank DATE: NOVEMBER 03, 2011 BENEFICIARY: TOWN OF SOUTHOLD SOUTHOLD TOWN ANNEX 54375 MAIN ROAD, PO BOX 1179 SOUTHOLD, NY 11971 RE: OUR LETTER OF CREDIT NUMBER: 30001256 CURRENT USD BALANCE: $60, 844 .00 nQ\� DATE OF ISSUE: DECEMBER 05, 2005 ACCOUNT OF: MERLOT LLC 591-A BICYCLE PATH PORT JEFFERSON STATION, NY 11776 FINAL EXPIRATION DATE: 12/04/2011 LADIES AND GENTLEMEN: THIS LETTER WILL SERVE AS OUR OFFICIAL NOTIFICATION THAT WE ELECT NOT TO EXTEND THE ABOVE REFERENCED LETTER OF CREDIT, AND THAT THE CREDIT WILL EXPIRE AT OUR COUNTERS ON THE FINAL EXPIRATION DATE. WE CONSIDER OURSELVES RELEASED OF ALL LIABILITY AS OF THE CLOSE OF BUSINESS ON THE FINAL EXPIRATION DATE. THIS NOTIFICATION IS BEING PROVIDED IN COMPLIANCE WITH THE SPECIAL CONDITION OF THE LETTER OF CREDIT. UPON EXPIRATION, PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ANY AMENDMENTS FOR OUR FILES. IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, PLEASE FEEL FREE TO CONTACT OUR INTERNATIONAL DEPARTMENTAT (212) 938-2704 QUOTING OUR REFERENCE NUMBER. VERY TRULY YOURS, C (AUTHORIZE SIGNATURE) Cindy Lau Assistant Vice President CAPITAL ONE,N.A. sl rvis s Tu CLASSIFICATION: STANDARD CONSERVATION CONSERVATION ODA_ PROJECT NAME: 5�4n-F-j��� �Y11Pr�a�' ZONEI:VZONE2: ZONES: LOCATION: HAMLET: S u PROJECT USE: SCTM# 1000- S OWNERNAME: He o 03'v& Qwm: anu APPLICANT NAME: t r d o ; v o TEL#(_) AGENT NAME: ; �(u o r,1 L ^jt� } TEL# PROJECT DESCRIPTION THIS PROPOSED SUBDIVSION IS FOR LOTS ONS_ACRES,WHERE Lai 1 ef`J t�S ':I\,Q3 uLrCSPLo} Z. ,, �3 4trLLp 3 1 93 P.a CCJ L k �1 cd3 4cP c) 4�L } IN THE (_ZONE LOCATE 29,"D u c r c) IN 1. SCTM#1000-_AlI_Qy7(- DATE PAST ZBA ACTION YES PRE-SUBMISSION CONFERENCE Q WORK-SESSION APPLICATION RECEIVED DATE-2_/-Z-A'—b2 COMPLETE YESNO_ #p COMPLETE APPLICATION RECEIVED APPLICATION CHECK CASHED WORK-SESSION-ERSAP REVIEW APPLICANT ADVISED OF NECESSARY REVISIONS REVISED SUBMISSION RECEIVED: ALL WORKSESSION DATES OPEN DEVELOPMENT AREA PUBLIC HEARING - OPENDEVELOPMENTAREAAPPROVALWITHCONDITIONS YES NO SKETCH PLAN APPROVAL WITH CONDITIONS YES NO PRELIMINARY ROAD AND DRAINAGE PLAN &BOND ESTIMATE SUBMITTED PRELIMINARY HEARING(62 DAYS AFTER COMPLETE SUBMISSION) ,/ PRELIMINARY APPROVAL WITH CONDITIONS YES NO y Cel- BOND INSTRUMENT APPROVED BY TOWN-BOARD DRAFT COVENANT AND RESTRICTION RECEIVED FINAL COVENANT AND RESTRICTION RECEIVED FINAL PLAT-ROAD AND DRAINAGE PLAN SUBMITTED FINAL PLAT--PUBLIC-HEARING FINAL PLAT APPROVAL FINAL PLAT FILED WITH SUFFOLK COUNTY SUBMITTED COORDINATING AGENCIES Jq LEAD AGENCY: TOSPB:�OTHER:_REVIEW:PARTI_,PART 3_,PART JJ SHORT GF_,LONG RAF ACTION TYPE.COORDINATED:-V UNCOORDINATED:_ JYPEL_TYPE2: UNLISTED:_) REFERRED TO STZBA_.STBD_STC7B ,JH_,STBT_,STE_ SCDHS_,NYSOEC—USACORPS_.NYSDOTSOWS .SCPD ,SCDPW_ SEQRA DETERMINATION:NEG DEC Y OR N, ml ( O L/3 16 I REFER ED NOTES APPROVAL DATE NOTES HIGHWAY SUPERINTENDENT FIRE COMMISSIONERS: /J7 TOWN ENGINEER' DEROF TRANSPORTATION:DOT DPW TOS SUFFOLK COUNTY DEPARTMENT OF PLANNING: SUFFOLK COUNTY DEPT OF HEALTH:PERMIT#: OPTIONAL APPROVALS: ZONING BOARD OF APPEALS:APPEAL#: BOARD OF TRUSTEE'S: NYS DEC WETLANDSITIDAL NYS DEC SPEDSSPDES L NYS NATURAL HERITAGE PROGRAM PLANNING BOARD DECISIONS: DENIED: APPROVED: CONDITIOI AL FINAL:_/_/_, FINAL: _/_/ NOTES ENDORSEMENT OF PLAT: FIELD INSPECTION FOR COMPLIANCE: DISTRIBUTE APPROVED PLATS TO: BUILDING DEPT_/_/_ TAX ASSESSORS_/_/_ GENERAL NOTES: p J d AV ac C 7/2]/04 PLANNING BOARD MEIVIBEja �gOFFO(,�- • BENNETT ORLOWSKI,JR. 0�. CQ Town Hall, 53095 State Route 25 Chairman p P.O.Box 1179 WILLIAM J.CREMERS oy= Southold, New York 11971-0959 - KENNETH L.EDWARDS �, Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. G Fax(631) 765-3136 -1 RICHARD CAGGL4N0 yfj�l ��p! PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: ICI z, Suffolk County Tax Map # 1(000- Type of Subdivision: Major nor SettOff Lot-Line Cluster Subdivision: es No Hamlet: 5oz. r woLo tF E StreetLocation: /ISH /i/ 4A-0 2:4 = Southold we Acreage: Plannin Board Number of Lots: / Zoning District: 'A G Date: Has this property had a previous application to the Planning Board? YesI� Has this property previously received a SEQRA review? Yes No Have you had any pre-submission conferences with the Planning Board? es No Does this application have variances from the Zoning Board of Appeals? Yes Appl. No. Date Is this property adjacent to any bodies of water? Yes Are there any wetlands on the property? Yes DO Are there public water mains in an adjacent street? No Is public water proposed for the subdivision? No Are there any existing easements on the property? Yes Is there a proposed sale of development rights on part of the property? es No Is there a mortgage on the property? Yes Does the owner own any adjacent properties? Yes No Are there any building permits currently pending on this property!? Yes No Signature ofPreparer f� Date Please list name, mailing address, and phone number for the people below: Applicant: 'rr• ,7-, �� 5 Av - T` l 77& elf, Agent handling the application: (Contact Person) Property Owner(s): G Z- c -7 Surveyor: �V e I D Engineer: rre-c. Z T/P r s S d a.L, r rWV Attorney: Other Agent(s): I MERLOT LLC BUSINESS OFFICE 591-A Bicycle Path Port Jefferson Station, New York 11776 Tel. (631) 473-4689 ***** Fax (631) 331-7317 December,12, 2002 Planning Board Office Town Of Southold Town Hall 53095 State Route 25 Southold,NY 11971 Re: ElysianField I Herodotus Damianos, Managing Member of Merlot LLC, hereby authorize Herodotus Damianos, to act as my agent on the property of SCTM# 1000-75-4e 2 in Southold, NY, and handle all necessary work involved in the subdivision process with t Southold Planning Board. i) Signature: Sworn to me this 12' day of December 2002, Notary KA'1HRYN KREM NOTARY 4UWC,SW of Now Yak No.4823515,SAO Coo�atyDa Tory Expires: a APPLICANT TRANSAcTi ONAT. DISCLOSURE FORM 1'he Town of SouLhhOld 's Code of Ethics prohibits conflic Ls Of intecest on te 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 Lo take whatever action is necessary to avoid same. YOUR NAME: }4Cf080+uS 'DQOAQQD� 5 (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, Lr(llcate the other person 's or company 's name. ) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name tl,e activity. ) Do you personally (or through your company, sl0oune, sibling, parent, or child) have a relationship with any1� officer or employee of the Town of Southold? -Relation eM ip" includes by blood, marriage, or business interest. "n,isiness Interest- means a business, including a partndrship, 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 NO If you answered -YES," complete the balance of this form and date and sign where indicated. Name of person employecl by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant) and the town officer or employee. Either chedk the appropriate line A) through D) and/or describe in the space provided. ,the town officer or employee or hts or her spause, sibling, parent, or child is (check all that apply) , A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the appl.tcant to a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity ( when the apl)llca,it Is not a corporation) ; C) an officer, director , partner, or employee of the applicant; or I1) the actual appllcanl;. DESCRIP'T'ION OF RELATTONSII[I• SrtbmiLted tl daily ofl?F9� SlVnal:u re 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE 5NLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ® Part 1 ©Part 2 ©Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriatel, and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: [aA. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. © B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaretion will be prepared." ©C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. "A Conditioned Negative Declaration is only valid for Unlisted Actions /nage,/ S'6d,"✓rsiar c✓ G/Ysre,, F/, Name of Action 'D l bG✓h (1� SOU4 a /c/ P1G,pni� A dG/ Name of Lead Alg4ncy Print or Type Name of Responsible Officer in Lead Agency Title of Responsil0b Officer � Z - 'AZ ;�Z� gnature o esponsible Officer in Lead Agency Srgnature of sparer (If difffren7from responsible officer) Date Page 1 of 21 • PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the enviro-(ment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full 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 LOCATION OF ACTION (Include Street Address, Municipality and County) NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE ' ( 1 ADDRESS CITytPO STATE ZIP CODE NAME OF OWNER Of different) BUSINESS TELEPHONE 1 1 ADDRESS CITyfPO STATE ZIP CODE DESCRIPTION OF ACTION Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed arnd undeveloped areas. 1. Present land use: ❑Urban ❑IrydKstrial ❑Commercial ❑Residential (suburban) ORural(non-farm OForest WAgriculture ❑Other 2. Total acreage of project area: :!7? acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres _ acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) a-7acres 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 acres �•�?— acres Other (Indicate type)_ LA -JO5cApz.00 acres 7'Q acres 3. What is predominant soil It s) on project site? a. Soil drainage: ell drained A00_ % of site ❑Moderately well drained % of site OPoorly drained % of site b. If any agricultural land Is involved, how many acres of soil are classified within soil group 1 through 4 of the N` Land Classification System? acres. (See 1 NYCRR 370)x. 4. Are there bedrock outcroppings on project site? OYes MKO a. What is depth to bedrock? (in feet) 2 • • •5. Approximate percentage of proposed project site with slopes: f$6-10% 1k2Q % 010-15% % 015% or greater % 6. Is project substantially contiguous to, or cop6in a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes ONo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Oyes 2<0 i 8. What is the depth of the water table? / 71" (in feet) � 9. Is site located over a primary, principal, or sole source aquifer? Lytes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes E o 11. Does project site c/op6 in any species of plant or animal life that is identified as threatened or endangered? OYes WNo According to Identify each species 12. Are there any unique unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)- ❑Yes f7N Describe •13. Is the project site p sently used by the community or neighborhood as an open space or recreation area? OYes o If yes, explain 14. Does the present site ' clude scenic views known to be important to the community? OYes EK40 15. Streams within or contiguous to project area: N16 - 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 r1//a b. Size (In acres) 17. Is the site served by existing public utilities? Giles ❑No � a) If Yes, does sufficient capacity exist to allow connection? IiKes ONo b) If Yes, will improvements be necessary to allow connection? OYes ko 18. Is the site located in an agr. ultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ®Yes ONo 19. Is the site located in or substantially contiguouusta a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? OYes Mo 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 3785 acres. b. Project acreage to be developed: acres initially; ` . n acres ultimately. c. Project acreage to remain undevelopeddig �� acres. d. Length of project in miles: (If appropriate) e. if the project is an expansion, indicate percent of expansion proposed — %; f. Number of off-street parking spaces existing d ; proposed /O g. Maximum vehicular trips generated per hour 4�% - (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately I. Dimensions (in feet) of largest proposed structure_:S height; TO width; _) length. j. Linear feet of frontage along a public thoroughfare project will occupy is? :W�_a)L 3 2. How much natural material (�rock, earth, etc.) will be removed from the site? O tons/cubic yards 3. Will disturbed areas be reclaimed? QYes ONo ON/A a. If yes, for what intended purpose is the site being reclaimed? LA71+054:/ FM& b. Will topsoil be stockpiled for reclamation? O�es ONo c. Will upper subsoil be stockpiled for reclamation? Q�f_es ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? acres. 5. Will any mature f T st (over 100 years old) or other locally-important vegetation be removed by this project? OYes MINo 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Oyes ONo 8. Will blasting occur during construction? OYes C<o 9. Number of jobs generated: during construction c3�47 ; after project is complete 3 10. Number of jobs eliminated by this project D 11. Will project require relocation of any projects or facilities? OYes E o If yes, explain 12. Is surface liquid waste disposal involved? OYes T110 -- - a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be�discharged 13. Is subsurface liquid waste disposal involved? 2 es ONo Type SAN rT 14. Will surface area of an existing water body increase or decrease by proposal? OYes o Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes DKO 16. Will the project generate solid waste? ❑Yes f�flo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes ONo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes PPO a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? �� years. GY 18. Will project use herbicides or pesticides? es ONo 19. Will project routinely produce odors (more than one hour per day)? OYes BNo 20. Will project produce operating noise exceeding the local ambient noise levels? OYes No 21. Will project result in an increase in energy use? f7Yes ONo If yes , indicate type(s) Gz-ac R-ec {oz /, rs� ✓6 22. If water supply is from wells, indicate pumping capacity. gallons/minute. 23. Total anticipated water usage per day a _2' gallons/day. 24. Does project involve Local, State or Federal funding? OYes BKo- If Yes, explain 4 r 25. Approvals Required: - - Submittal ��// Type M Date City, Town, Village Board e�lyes ❑No City, Town, Village Planning Board ZIlyes ❑No 5 rTz= AAs,) City, Town Zoning Board ❑YYe�es l�lo City, County Health Department 2r(e's ❑No Other Local Agencies Res 0 N wATE,r„ AurNz , Other Regional Agencies Dyes C'lNo State Ageocies ❑Yes L(No Federal Agencies Dyes C�lo C. Zoning and Planning Information 0r 1 . Does proposed action involve a planning or zoning decision? 0 es ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit esu-bdivision 71site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? ,+W+� 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 3o Go,-5 4. What is the proposed zoning of .the site? /e S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is.the proposed action consistent with the recommended uses in adopted local land use plans? 3fe's ❑No 7. What are the predominant land use(s) and zoning classifications within a '/ mile radius of proposed action? AG 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/ mile? IffVes ❑No 9. If the proposed action is the subdivision of land; how many lots are proposed? — a. What is the minimum lot size proposed? eQ Ona SQ. f i 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? []Yes Eritro— 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? E T es ❑No � a. If yes, is existing capacity sufficient to handle projected demand? O es ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes fo a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to thebestof my knowledge. Applicant/Sponsor Name d—� /ti�� %. l�fzeti Date Signature Title �.V6�n�tti If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 a Town Of Southold • P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 11/22/05 Receipt#: 480 Transactiorl Reference Subtotal 1 1 Application Fees 75-2-2 $3,444.00 Check#: 480 Total Paid: $3,444.00 Name: Merlot, LLC 591-A Bicycle Path Port Jefferson Station, NY 11776 Clerk ID: LYNDAB Internal ID:75-2-2 PLANNING BOARD MEMBERS MAILING ADDRESS: of so OBox 1179 JERILYN B.WOODHOUSE hO�� UTyO� Southold, NY 11971 Chair WILLIAM J.CREMERS OFFICE LOCATION: KENNETH L.EDWARDS H Town Hall Annex MARTIN H.SIDOR O 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. &Youngs Ave.) IyCOUNK Southold, NY Telephone: 631 765-1938 PLANNING BOARD OFFICE Fax: 631 765-3136 TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk NOV 2 1 2005 From: Planning Department Date: November 21, 2005 Southold Town Clerk Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Pro'ect Type SCTM # Amount Check # Elysian Field Stand. Sub. 75-2-2 $3,444.00 480 Admin./Inspect. Fee enc(s). PLMMAILING ADDRESS: PLANNING BOARD MEMBERS MAILING souro P.O. Box 1179 JERILYN B.WOODHOUSE ~O� y� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G54375 State Route 25 MARTIN H. (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �.yCOUNN, Southold, NY 111 1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: November 21, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check # Elysian Field Stand. Sub. 75-2-2 $3,444.00 480 Admin./Inspect. Fee 4' R l�F Town Three Thousand Four lfund*Forty Four'and QO/iiDO bOLLAR$ `tg ' Town Of Southold MEMO u■000480111 1:0 2 440 79 1 21:1160 2 24#il i i9 i 3i1l ii1• Town Of Southold r/vliDr- • P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 06/15/05 Receipt#: 438 Transaction(s): Reference Subtotal 1 1 Application Fees 75-2-2 $500.00 Check#: 438 Total Paid: $500.00 Name: Eliysian, Field By Merlot Llc Clerk ID: LINDAC Intemal ID:75-2-2 Town Of Southold • P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 06/15/05 Receipt#: 439 Transaction(s): Reference Subtotal 1 1 Park& Playground 75-2-2 $20,000.00 Check#: 439 Total Paid: $20,000.00 Name: Elysian, Field By Merlot Lic Final Plat,Appl Fee Clerk ID: LINDAC Internal ID:75-2-2 PB • • MAILING ADDRESS: PLANNING BOARD MEMBERS ��pF so P.O.Southold,,ox 1179 1 971 JERILYN B.WOODHOUSE hQ Chair OFFICE LOCATION: WILLIAM J.CREMERS rp is Town Hall Annex KENNETH L.EDWARDS G � �O 54375 State Route 25 GEORGE D SOLOMON So MARTIN �'oU'M (cor.M u h&Youngs Ave.)d,NY Ave G n 1, Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk JUN 15 2005 From: Planning Department Southold Town Clerk Date: June 14, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Pro'ect Type SCTM # Amount Check# Elysian Field Stand. Sub. 75-2-2 $20,000.00 439 P & P. Fee $500.00 438 Final Plat Appl. Fee enc(s). PLANNING BOARD MEMBERS ��Of SoUrg MAILING ADDRESS: Southold,P.O. ox 1179 11971 JERILYN S.WOODHOUSE h0 Chair OFFICE LOCATION: WILLIAM J.CREMERS H iC Town Hall Annex KENNETH L.EDWARDS ll �p 54375 State Route 25 TIN H-SIDOR D SOLOMON D�y (cor.Main Rd. &Youngs Ave.) GEORGE COMM Southold, NY Telephone: 631 765-1936 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: June 14, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check# Elysian Field Stand. Sub. 75-2-2 $20,000.00 439 P & P. Fee $500.00 438 Final Plat Ap I. Fee enc(s). //!!((yP /� MEALY 1 LLV 691•A BICYCLE PATH - PORT JEFFERSON STATION,NY 11776 PAY TOTHE ORDER OF 'town Of Southold Twenty Thousand and 00/100�* t ` 04LLAM > i < Town Of Southold mac' MEMO pa and play mound fee `SST #/fir "�•v 043911' 1:0214079 & 21:0022410 913i111- S`At�1P. MERLOT LLC 691-A BICYCLE PATH PORT JEFFERSON STATION,NY 11776PAY TO .'`t1181Q05 ORDER OF E Town Of Southold , **$00.00 Five Hundred and 00/1DOLLARS Town Of Southold � {T \ MEMO //ze�� Plat7applicati onFa — -------- -- — — —rR srn.yp SVo. °'0004 38m 1:0 2 140 79 121:1110 2 29 13131 111■ MAILING ADDRESS: PLANNING BOARD MEMBERS ��qsoyo P.O. Box 1179 JERILYN B.WOODHOUSE �Q Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS H ae Town Hall Annex KENNETH L.EDWARDS G �p 54375 State Route 25 GEORGEN H.SIDOR D SOLOMON '�`�l�Co (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: June 14, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check # Ward, Richard & Susan Re-Sub. 55-2-5.2 & 5.3 $500.00 6592 Appl. Fee JENNIFER B. GOULD 6592 ATTORNEY AT LAW P.O. BOX 177 PAY GREENPORT, NY 11944 A-3- 2 2 50_791/214 DATE (3' LOOS TO THE ORDER ORDER OF In vsldFeJ Glad �>//A� DOLLARS �1/ North Fork Bank www,northforkbmk.com FO �A ,• F CkOAPGS 1ODO-55-2-S4-4.S.'3 __— f aE: E- --- --- - ------ i'00659211' 1:02i4079121:11' 3224so,007 i Is I.III �- Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Receipt#: 379 Date: 10/18/04 Subtotal Transaction(s): $4,785.00 1 Application Fees Total Paid: $4,785.00 Check#: 379 C _ Name: Merlot, LLC 591-A Bicycle Path Port Jefferson Station, NY 11776 Internal ID:101311 Clerk ID: BONNIED s racking Template e - - -- - - Tax Map Numbe (s) 75-2-2 Zone(s) AC Target/Non-Target Target This section should describe the existing acreage, not what is being proposed. It is needed for proofing purposes and to update Acreages(pre-project) - the target acreages Total Acreage 37.8501 ' Unbuildable Acreage These categories must be exclusive of each other - - Freshwater Wetlands 0.6921 Tidal Wetlands 0 - Exisung Development OPre-tracking development only ROW 0 Existing ROW only, not proposed CEHA 0 Beaches - 0' C&R 0' Other LIPA Easement -- -- -- - Total Unbuildable Acreage 0.6921 Sum of above Total Buildable Acreage 37.158 Total Acreage minus Total Unbuildable Acreage Acreages (post-project) This section describes the Unbuildable lands after the project has Unbuildable - been completed Preservation These categories must be exclusive of each other Freshwater Wetlands 0.6921 Tidal Wetlands 0, -- _ Existing Development 0 ROW __ 0 -- CEHA - - 0 -- _ - - - - - - Beaches 0 - - - -- - Other �LIPA Easement Unbuildable Preservation Subtotal 0.6921 Sum of above Non-preservation- - These categories must be exclusive of each other Freshwater Wetlands - - Tidal Wetlands - 0;, - - - - _____0__ - Existing Development p - ROW --> - 0 -- - - - - GENA Beaches C&R 0; - Other p Unbuildable Noon-preservation Subtotal0 Sum of above _ Sum ove 2 of absubtotals, should equal Total Unbuildable Acreage Total Unbuildable Land 0.6921 above This section describes the Buildable lands after the project has Buildable _ been completed Density Reduction Preservation 29.0162 PDR, fee title, etc. Non-Density Reduction Preservation 0 Clustered open space Non-Preservation Density Reduction 0 Lot line changes, C&Rs that do not qualify as preservation ROW 0 7952 - Recharge basins 0 Non preservation non-subdividable 7.3466 Non-subdividable residential building lots Non-preservation subdividable 0 This acreage goes back into the pot" Total Buildable Acreage 37.158 should equal Total Buildable Acreage above Total Acrea e _ -- 9 37.8501 should equal Total acreage above Lot Totals lumber of Vacant Buildable No subdividable lots created _ 4 • Number ofNon-subdividable lots created for existing development 0 Pre April 1, 2004 development mber - I - - Nuof Unbuildable lots created 1 Number of Subdividable lots created- 01 -- - - - -- - - -- _ - - -- Total Lots created 5 sum of above four numbers • • 5VI PECONIC LAND TRUST January 19 (ibb '^*��� J � Anthony Trezza Southold Planning Department JAN 2 3 2006 54375 Main Road PO Box 1179 Southold, NY 11971 Soctha:d i0�1 Pl2amrg EU2rtl K Re: Elysian Fields Subdivision Dear Anthony: As we discussed, I enclose four (4) copies of the filed subdivision map for the above referenced project. Please do not hesitate to call or email me if you have questions. Thanks again for all your help and I look forward to working with you again soon. Sinc e , Peri L. Grand Senior Projec anager Enclosures 296 HAMPTON ROAD I POST OFFICE BOX 1776 1 SOUTHAMPTON NEW YORK 119691 PHONE (631)28;-3195 1 FAX C631)204-0711 www.peconidandtmst.org F • pF SO�r�ol • S U✓v� ELIZABETH A. NEVILLE ` O Town Hall,53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS G Southold, New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICERl Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER yCOUn �+N southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 21, 2005 Ms. Peri L. Grandone Peconic Land Trust DEC 2 3 2 C5 PO Box 1776 Southampton, NY 11968 RE: Elysian Field Standard Subdivision Dear Ms. Grandone: The Southold Town Board at its Special Town Board meeting held Wednesday, December 14, 2005, adopted a resolution accepting the letter of credit#3330001258, issued by North Fork Bank on December 5, 2005, in the amount of$60,844.00. A certified copy of this resolution is enclosed. Very truly yours, Z7 � A Lynda M Bohn Southold Deputy Town Clerk Enc. ELIZABETH NEVILLE • flown Hall, 53095 Main Road TOWN CLERK �yaFFptt PO Box 1179 REGISTRAR OF VITAL STATISTICS Southold, 11971 76 MARRIAGE OFFICER ® Telephone: (631) 765-6 a phone: (631) 765-15-1 800 CORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION# 2005-767 Meeting: 12/14/05 07:00 PM Resolution ID: 1360 A Department: Town Clerk Category: Letter of Credit THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-767 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 14,2005: RESOLVED that the Town Board of the Town of Southold hereby accents the Letter of Credit No. 050602 issued by the North Fork Bank in the amount of$60,844.00 for the proposed standard subdivision "Elysian Field" located at the north side of State Route 25, approximately 545 feet west of Maple Avenue in Peconic, New York, SCTM#1000-75-2-2 as recommended by the Southold Town Planning Board, all in accordance with the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk PLANNING BOARD MEMBER • MAILING ADDRESS; JERILYN B.WOODHOUSE �O���F SQ�ryO1�1 Sout.O. Box 1179 11971 Chair WILLIAM J.CREMERS OFFICE LOCATION: KENNETH L. EDWARDS N Town Hall Annex MARTIN H. SIDOR �� 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) COW,"" Southold, NY Telephone- 631 765-1938 PLANNING BOARD OFFICE Fax' 631 765-3136 TOWN OF SOUTHOLD MEMORANDUM TO: Elizabeth A. Neville, Town Clerk FROM: Carol Kalin DATE: December 8, 2005 SUBJECT: Letter of Credit re: Elysian Fields SCTM#1000-75-2-2 Attached please find the original Letter of Credit regarding the above-referenced project which is on the Planning Board Agenda Monday night (12/12/05) for acceptance. A resolution for the next Town Board Agenda will be forwarded to you as soon as possible after the meeting. Ick Submission Without a Cover Letter Sender: Subject: -e bl c5 SCTM#: 1000 - Date: Comments: North Fork Bank BENEFICIARY: TOWN OF SOUTHOLD 12/05/2005 SOUTHOLD TOWN ANNEX 54375 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971 RE: IRREVOCABLE STANDBY L/C NUMBER 3330001258 FOR USD60,844.00 FOR ACCOUNT OF: MERLOT LLC 591-A BICYCLE PATH PORT JEFFERSON STATION,NY 11776 Gentlemen: By order and for account of Merlot, LLC, 591-A Bicycle Path, Port Jefferson Station, NY 11776, we hereby issue our irrevocable Letter of Credit No.3330001258 in your favor for an amount not to exceed in the aggregate Sixty Thousand Eight Hundred Forty Four United States Dollars and 00/100 ($60,844.00), effective immediately and expiring at our counters at 1001 Avenue of the Americas, New York, NY 10018 on December 04, 2006 at 3:00 p.m. unless renewed as stated below. Funds under this Letter of Credit are available by presentation of your sight draft(s) drawn on us, indicating our Letter of Credit No3330001258 and accompanied by the following documents: 1. The original of this Letter of Credit and subsequent amendments if any. 2. Beneficiary's statement purportedly signed by an authorized representative certifying, " There has been a default in completing the requisites and installations required under a site plan approval adopted (date) ". Draft(s) drawn must state, "Drawn under North Fork Bank Letter of Credit No3330001258 dated December 05, 2005". Partial drawings are not permitted. It is a condition of this Letter of Credit that it shall be deemed automatically extended, without amendment, for additional periods of one (1) year from the present or any future expiry date hereof, unless at least thirty (30) days prior to the then current expiration date we send you notice in writing, at your address stated above, by registered mail or courier service, that we elect not to renew this Letter of Credit for such additional period. Upon receipt of such notice of election not to renew this Letter of Credit you may draw hereunder by means of your draft on us at sight for the then available amount under this Letter of Credit. This Letter of Credit is transferable in full but not in part. Should Beneficiary desire to transfer, such transfer will be subject to the return to us of this original Letter of Credit and any amendments thereto accompanied by Beneficiary's written instructions on the enclosed form. Under no circumstances shall this Letter of Credit be transferred to any person or entity with which U.S. persons or entities are prohibited from conducting business under U.S. Foreign Asset Control Regulations and other applicable U.S. laws and regulations. Applicable transfer charges of '/4 of 1% of the amount being transferred (or minimum $250.00) are for the account of the Beneficiary. We hereby engage with you to honor your draft(s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to us at North Fork Bank, 1001 Avenue of the Americas, New York, NY 10018 Attention: Trade Finance Department on or before the expiration date. Address all correspondence regarding this Letter of Credit to the above mentioned address mentioning specifically our Letter of Credit No3330001258. Except as far as otherwise expressly stated herein, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credit (1993 Revision), International Chamber of Commerce Publication No./50`0. Agpl�lzs- GEORGEW.KOCH Senior Vi1AD11beiidef8de Americas,New York,NY 10018, Telephone: (212)764-0775, Far: (212)944-5447 NORTH FORK BANK Telex:49665245 NFORK BK,SWIFT"NFBKUS33" 6 NORTH FORK RANK TRANSFER APPLICATION THIS COMPLETED FORM WITH YOUR SIGNATURE VERIFIED BY YOUR BANK AND THE ORIGINAL LETTER OF CREDIT MUST BE PRESENTED AT THE TIME THE TRANSFER IS REQUESTED. North Fork Bank Date: Trade Finance Department L/C#3330001258 1001 Avenue of the Americas New York,NY 10018. Gentlemen: We hereby give you irrevocable instructions to transfer this letter of credit to: Name of Transferee Address under the same terms and conditions. It is understood that any amendments to the letter of credit which you may receive may automatically and unilaterally be advised by you directly to the transferee and that the drafts and documents of the transferee, if presented according to the terms of the letter of credit,may be forwarded by you directly to the party for whose account the credit was opened(or any intermediary)without our intervention. We enclose our check for $ representing your commission (1/4 of 1% of the amount of the amount of the transferred-minimum $250.00)and in addition we agree to pay you on demand any expenses that may be incurred by you in connection with this transfer(telecommunication,postage,courier). We warrant that this transfer is not in violation of U.S. Foreign Assets Control or Cuban Assets Control regulations and other applicable U.S. laws and regulations. We understand that this transfer is subject to the Uniform Customs and Practices for Documentary Credit, International Chamber of Commerce Publication currently in effect. Very truly yours, The signature with title as stated conforms to that on file with us and is authorized for the Beneficiary's Name execution of such instruments. Authorized Signature Bank Name Authorized Signature Submission Without a Cover Letter Sender: t�0/ l �� l�►'c5 c� V N �/O1� Subject: 7�lf�n RC' SCTM#: 1000 - `I,AJ- a - Date: / / // 61 0.5 Comments: NOV 1 5 2005 PECONIC LAND TRUST October 31, 2005 Anthony Trezza Southold Planning Department 54375 Main Road PO Box 1179 Southold,NY 11971 Re: Elysian Fields Subdivision Dear Anthony: w Enclosed please find a check in the amount of $3,444.00, which satisfies the administration fee for the above referenced subdiv Ion. Once I hear back from you regarding the questions I had concerning the letter of we will submit the letter of credit to your office, along with the final maps for the Planning Board Chairman's signature. I understand that these are the only remaining items outstanding. Please do not hesitate to call or email me if you have questions regarding this matter. Thank you. Sincer�n / eri L. Grandone Senior Project Manager cc: Dr. Herodotus Damianos 296 HAMPTON ROAD I POST OFFICE BOX 1776 1 SOUTHAMPTON NEW YORK 119691 PHONE (631)283-3195 1 FAX (631)204-0711 w .peconictandtrust.org PECONIC LAND TRUST GCT - 42u5 October 3, 2005 Anthony Trezza Southold Planning Department 54375 Main Road PO Box 1179 Southold,NY 11971 Re: Elysian Fields: SCTM# 1000-75-2-2 Dear Anthony: Enclosed please find a copy of the filed DOT covenants and restrictions for the above referenced subdivision. Please let me know if you require additional information. Thank you. Si:2) Peri L. Grande Senior Project Manager Enclosure 296 HAMPTON ROAD I POST OFFICE BOX 1776 I SOUTHAMPTON NEW YORK 119691 PHONE (631)283-3195 1 FAX (631)204.-0711 w .peconiclandtmst.org 0Flq •% �OFF01,r JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR TOWN HALL - 53095 MAIN ROAD : ENGINEER TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (631)-765-9015 ��Ol 41 Tel.(631)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE ?, 5 Elysian Fields Subdivision State Route 25, Southold, NY SCTM#: 1000-75-02-02 DATE September 13,2005 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 0.5 ACRE CLEARING&GRUBBING $ 2,500.00 $ 1,250.00 2. 750 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 1,500.00 3. 2,200 S.Y. FINE GRADING 1.50 3,300.00 DRAINAGE 4. 6 EACH LEACHING POOL/CATCH BASINS (8' Diameter x 8'Deep W/C.I.Grate&Frame) 2,500.00 15,000.00 5. 60 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 1,500.00 SURFACING 6. 250 C.Y. '/a"BLUE STONE BLEND 40.00 11,000.00 7. 1,250 S.Y. TOPSOIL&SEED 5.00 6,250.00 8. 3 EACH STREET SIGNS 200.00 600.00 9. 60 EACH STREET TREES 250.00 15,000.00 10. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2.000.00 BOND ESTIMATE TOTAL $ 57,400.00 +6%ADMINISTRATION FEE $ 3.444.00 TOTAL AMOUNT $ 60,844.00 JOSHUA Y. HORTON � JAMES A. RICHTER, R.A. SUPERVISOR TOWN HALL - 53095 MAIN ROADZ ENGINEER • TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (631)-765-9015Ol a' Tel.(631)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Jerilyn B. Woodhouse September 13, 2005 Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Elysian Fields Subdivision State Route 25, Southold, NY SCTM#: 1000—75—02—02 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the amended Site Plan, revised 7/18/05, and Road and Drainage Plan, dated 3/15/05,for the above referenced project. Please consider the following update to my last report: 1. The easement area for the proposed"Tee"shaped road end has been modified to provide a 25' turning radius on all inside comers. This plan is considered adequate for access by emergency vehicles and meets the minimum requirements for accessibility. 2. Drainage calculations have been added to the project for the stone blend road section and the proposed drainage design meets the minimum requirements of Town Code. 3. Has a NYS DOT Curb Cut Permit been submitted for review? 4. Street Trees will be added to the Bond Estimate. 5. 1 have been informed that the Commissioners of the Local Fire Department did not require a Fire Well for this subdivision. Please forward verification of this determination to my office. 6. Has the applicant filed a Notice Of Intent (NOI) for compliance with the General Permit for Storm-water Runoff from Construction Activity(GP-02-01)? If you have any questions regarding this review, please contact my office. inc rely, J mes A. Richter, R.A. Enc: Revised Bond Estimate • SuFfik'tc JOSHUA Y. HORTON ° JAMES A. RICHTER R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD G • TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (631)-765-9015 �' Tel.(631)-765-1560 1 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE Elysian Fields Subdivision State Route 25, Southold, NY SCTM#: 1000-75-02-02 DATE September 13,2005 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 0.5 ACRE CLEARING&GRUBBING $ 2,500.00 $ 1,250.00 2. 750 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 1,500.00 3. 2,200 S.Y. FINE GRADING 1.50 3,300.00 DRAINAGE 4. 6 EACH LEACHING POOL/CATCH BASINS (8'Diameter x 8'Deep W/C.I.Grate&Frame) 2,500.00 15,000.00 5. 60 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 1,500.00 SURFACING 6. 250 C.Y. '/a"BLUE STONE BLEND 40.00 11,000.00 7. 1,250 S.Y. TOPSOIL&SEED 5.00 6,250.00 8. 3 EACH STREET SIGNS 200.00 600.00 9. 60 EACH STREET TREES 250.00 15,000.00 10. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2.000.00 BOND ESTIMATE TOTAL $ 57,400.00 +6%ADMINISTRATION FEE $ 3,444.0 TOTAL AMOUNT $ 60,844.00 ' e8/e3/282!5 ,.2:28 53120407 1 PEWNIC LAND TRUST PAGE 0'- 296 Hampton Read P.o.Box 1776 Peconic Land Trust SouthamptM,NY 11969 631-263.3195 Fax: 631-2C40711 L1n-rhVt7 y - r� f3sk J�ii`1 i1 /f A/A-"S 77/0 (2�0 FaX Ae Cu.c,6 CV-;r /7 D..1../, :Z77 )Ce,� T v4-w� ""—/L%�-4 h M 1-0 r¢s k r' /jyiOS""— /Le e Co-,W 0645-/ +GII s f'l, s,�br . J3 a,c? `v a 4�iha , /o t ;'111 'rug Anthony Trazza rrem: Perl Grandone r xt 785'3136 rages: 3, incl. cover P—tAA Phpnei Oats: 8/3/05 Re; Elyalan FleldslMerlot LLC CC: ❑urgem ror Revlew Please Comment XPlsase Rept' Pbaee Reoyale Hi Anthony.I spoke again to the insurance company and to Mark Wolfgang and they again confirmed the following: The insurance company confirmed the Perm 17&attachment is to be done by the contractor as the contractor is covered for this type of insurance(protection of the State of New York during the construction of the roadway)and the Dr.'s personal liability insurance won't take care of this. The DOT can't issue a permit without the Perm 17&attachment. As Mark put it"we don't issue permits for subdivision approval,only to do the work." Our dilemma is that the Dr. has no immediate plans to do the work. If forced to, he will have to hire a contractor and have the curb cut done anyway. I am concerned this action may hinder potential opportunities for fin-ther preservation. I only see two options: 1)Hire a contractor and do the work,or 2) get permission from the Planning Board to do a covenant on the property that would require a permit before building permits would be issued. I� AUG - 4 2005 08/03/2005 12:29 5312040711 PUMNIC LAND TRUST PAGE 02 PERM 17(9104) • 1 NfpT ACCOUNT NUMBER NYS Daparbaent of Transportation Cenval Parinit Office 50 Wolf Road. I st Floor Albany.NY 12232 If as AoaowANumba baa boo aabiabad for depvmit (5 18)463.9176 or 1.866-704-9440 appliz+"k the Ac=n Nm6ar MUST be'adro"kd"hove' CERTIFICATE OF INSURANCE FOR SPECIAL.HAULING,DIVISIBLE LOAD OVERWEIGHT, AND HIGHWAY WORK PERMIT INSURANCE REQUIRE1VIF.NTS ro os TvarAvaa sr 1atbAfais AAItCP a a+ausANtR rprsANr THIS CERTHICATB OF INSURANCE WILL,SUPERSEDE ALL OTHER CERTIIIICATP.6 OF INSURANCE NOW ON FILE WITH THE NEW YORK STATE I)VARTMENT OF TRANSPORTATION. 1. NAME OF PERMIT APPLICANT(As&std on insurance) (ML LEGAL NAME OF THE MMM ENTITY,Y.CORPORATION.PA"MRamr OR 90MI IAL.THAT OWN&CWfMjA TM MOTOR CARRTRR OPERATTOTi NAME ON U43UPAMS CMVICATE!PERMITAMWATION MOLT mE IDENTICAL-ONE NAME OMY, 71M APPLICAN"MOtOat VEHICLE REGIVYRATHM OPOIATORS NM 3,MUST AWO MATCH FOR D"U"LOAD OVERwncur"Awn.) tam HtIIA,aM pevids taraw MLr�IHhery adCbpyd'CwaHale efCo.awaaa mwiwe+aea r AawsadNar'Dat w ab1 a CaaO Ckm'r Otero-eA.kMJaw dM luxe TrvAmO) 2. PHYSICAL ADDRESS OF PERMIT APPLICANT(At liatd onitwrance) .... .. '(Pro amaeFeddroaa of plea ofbubocsv; my attaEh additional PERM 17AT7ACHMIENTA etlisfingphydal addraowe of breech offices if apPliadion for pelnd wIR be Tot those kxatiom.) O PLEASE CHECK UM IFTHIS IS A C RAN(Z OF ADDRESS 2L MAILING ADDRESS OF PERMrr APPLICANT (If different than,above) O PLEASE CHECK HERE IF THIS IS A CHANCE OF ADDRESS 3. TELEPHONE NUMBER OF PERMIT APPLICANT , 4. NAME OF PERMIT APPLICANT CONTACT PERSON LL43MM INSURANCE MUST BE IN EFFECT FOR THE FULL TERM OF THE PERMirr. EXPIRATION OF,OR LACK.OF,LIABILTTY INSURANCE AUTOMATICALLY INVALH)ATES TAE PERMIT. San MOTOR VEHICLE LIABUM POLICY NUMBER ism Pdtymqulnmaln.mBmmvese) HlsdeTI.and rnulpMpAcyscudamam9Wvalid for 30daya Sb. EPFHC77VEDATE EXPTRATIONDATE The warding UNE Can allede it Plate Nexp4ation data in NOT acceptable. Maainnao durdba awe akadar year. OL PROTECTIVELIABILITY POLICY NUMBER (Sae Peacy ngnilwmm is A or C m lweaa0) Itirdsry sad•aeedEr,ed PoCey aonben am"wZOd Gt days. . 6b. EFFECTIVE DATE ExpIRATION DATE TM wwdiq•CvnMkeman UesH Can~la idso of ospimaba dde Y NOT sea pe bla. ddaaheam daestiea eaa aakadsr yosr. 7. 0?MtATMAtMWRrI Y-AE permit VPU=b inlet provide a USDOT tkmobcr t obtain pm,t.a w th the exception of Pedaal do Sur ASUVICS and ems*Wtbal,and prirxe individuals inaper"pereeeal prop" (check u appraprint,— eommamW*Amin tansthave aUSM rastabor. O USDOT Na rAa O Beempt-Pedual k Sat ASwcy/Meniclpality 0 Private hrdividtut To obtain a USDOT nuckax you as: (1)apPly'alae at www.usddnumbarre6lslretlen_mm (Intwoft or Lthmmte); (2)Tal tnliree 1-506532-5660;Irlberslebt taHrtkra(tupeHEte ecR>ss state k=-oval only Ocwai"Vyx (3)t:el,bol-free 1-cgs-e11-z63a,lnvaatate carrMs(OvaraEe tvhaPv wm,in Mew vork-never Imve Naw cork s'pDe) 8. PM Numb" So"SoosityNumber(Lndividuals without Fw (Fed" d f+u>ployar identification Number it$1116 known as the IRS Tai Ldmefpdion Number and is re"imt!for All For-Hiro Cdrias, RMOft$ed m nlcipdidm. Phvae individuals mmtprovide a SOCW Sooxity Numba.) Pdndh m aro responsible for scaling tlru the CaMfiate ofhatomee,is pTOvfdad by their inwtdnoe arrier to the NYS Dopatment of Troospor"on.sad for roaawing the requisite msursrleo oovcnga no Ina than%vo(2)vvCdu prior to its expkation data in order to rerlew, Iaxp)D dW4 Of Obtain a new PemdL If s Pamilea's daRrmee is cincelled or e*u"before the permit expiry the peadt may be M"kaL No Monthlyor Annual pwh to vv71 be issued fthe afeed"date of the Permit is not covered by the Insurance Cerfificate. Altered 00MOR es will NOT be acapad. 06g MW Certified"1111181 be not directly ltom the insurance CL-rier to the Centel Permit Once.Fax eafde will be adopted at(518)457.0367. OrfSlaal CePtlOeata sad be madved la tai'ORlea(at Sha addraw indicated am)wfibla S bubmeaa days after reedpt of faxed espy fn iuunnee/parwAts to remain In effwL REVERSE$WE MUST BE COMPLETED <. ^©?G. '11 PECUNIC LAND TRUST PAGE._.03 _. __� ` PERM 17(9dO4t - • •. .. REVERSE In accordance with NYS Department of Transportation exquuemtv0t(Sae NYCRIC Title 17,Part 154),the smbsm'bing ineunncc company hereby catifics that a protective liability imwamce policy(only opliaa for Highway Work Permits)a,in the altaostive,a moor vehicle insurance policy and mdo[sanat has been issued to the Peewit Applicant A.O if a Protective liability insurance policy,(bt the proration of the peepic of the State of Naw Yoic,all municipal mMvisiomthemof,mddm Carmk io nodNYSDcpuunt tofTtanaporwdo%theNYSTMmvayAud,wity,theStde BridgsAUdwrityandtheuefleids,oficas,end ten *mmsmmWinwreds,(mWme~co4nsurub),foroDvtamg bodily igimty(including depth)with minimum limits of$500,000 eseh oecurreaes and envormg property damegs with ministate)imb of$100,000 each acidad ad miffinaum agwerm annual limits ofS500,'000,against actions resulting from nee of aMAWRYPm*bydie Peemillbe"by an Penult acting by,lhtomgh or for the Pmmittee,including omimions and supervisory ace ofmy of the named tmutcde;or B.Ll if MOW vehicle insurance Policy will andoessweseek with thePeople,offt Smile o(Nm York,an immicipal subdivission, thereof,and the Ctimmissiomer and NYS Department of 7kensportation,she NYS Thnrw+y Authority,the Sado Bridge Authority and thea officials,officers,sed employes s as a6fidonal bwneds under she policy,cavmmg bodily Wary (inehrdiagdath)with minimum Itentts of$750,000 am&ocamreaoeand ooverioglxapMy dmuge with minimum unite of 5250,000 each occurrence or S I million combined single limit each occ utrnce;or C.U if extended coverage,a;mebCive liability eawaisea policy,fw the protection of the people of the Stab of New York,an municipal subdivisions, Cheroot ward the Com nibionar slid NYS DepaMmnt of Ttacsporbtie0.die NYS 1Mrway Authority,the State;Bridge Authority aM their of&fib,otfaTm,sdd employoes a robed msutW(and■o ether eq. Inawrda),forMajorCovmmmial Fir w*ywork Perini%—avwinSbodilyinjmy(imdod 4&4)withmtnim=Hmifa Of SI,000,000 each occwramae ami oovaiag property damage with mtnivamm limb of 5200,000 each accident and milu num aggregate anmatt IM+Us ef$1,000.000,agrhw actions Mu"ltam um ofa Hilhway,Permit bydm Pasmmee or by an poison acing by,tbmogh or for the Pamtiaee,iaotuding omiesiona and supsirybury sets of any of the Hatred iwaeds.tfappiYingforMORWAY WORXPMkbM aodmquireezteode'covarago,theboateGa to ctmistbodtakod. Any subscribing insurance company pmvlding kmw p mrraotro A.B we above.mwtifiaaed agrees tient Mich humans potlrymall not be cancelled MW thirty(30)days written cancellation notice has been Overt tie NYS 17epamewa of Transportation,imdialteg the permit eppliart's mom,Permit woowl mushier(obtain Bum permit Writ d),address.W policy number. Nodes oftdmbtemem mast be made byartinstommtrodcewaea WbftdCmtMateofin wum(PERM17)andm wtothe NY$DepwtmmtofTt msponW mmrhemmdoe oftheCsnheipermilOMes.tnaddtdon,die tabscnbingiceutivaoobspamybmimgoPtb voliabilityinwuaeapolicy(pmwmntbAabove) or a Mae"vehicle inns mcs policy(p rmimo to B•bore),fwarbee cutifias and Agrpa that the inswaecepolicy refer ad to heroin shall not be charged Or cancelled unless: 1. . All trips suthodaad by the.Pamdt havo been mode;or 2. The affective period of the Pam r has stptrod;or 3. � 1110101Y Wodr,Pattie,all di waauWotiaed halt been oomplead and awepld by the Daparlismait 7lmapotaa+oa. This cesttfeatt is lWmuhed m 4QcO I a WA the rola cad scolli llow of the NYS Dgtacmm et of Tnnsporbaon porwiling to Highwvty Pamirs Uabg ONE CardAeEe oflwwxrce(PERM 17),plau iidldb allofthe type ofpemdgm)obWrwlfton,dw Co aalppymitpffice of tiro NYS flspseunemt ofTrmgbAatiea 6y oh,oktag th�approprida 6oa(aa)6alew. A Certificim of hasu mili(PERM 17)b the only acapbblsoof Prof haramce. A copy of the SOW policy is not mil PMASE DO NOT SIM ACCORD FORMS.DiStaMCE CARDS.ETC.Update and ehmgm emaybe made by aubmedmgaaewCertifiab ifbmwermce(PERM I T)ifit cludy le liatss data clump is b be Mede, ere the mat recent form win supine do all pmvim CmtMalm of Iceersaoe(PERM 17)on,file with the NYS Department of Ttmwp*m dom CEMM SOX"POR EACH TYPE($)OP PlCW1HM OBTAINED FFM TNE. NEWYORK STATE DEPARTMENT AB TRANSPMTATIONCENTRAL ftAbaT OMCE. .. .C19PECULRAMMOPRRMI'i'S(Usedfor imspatimgpva.&M mimsailorOverweightnondivie6kimamonhighways, L&tnmmdlenand bomet,heavy ce milocia m e uipmmisk bwl&ngm,one)Poddty prnYdad imus be in occor4b,,ce with A op B oboe+. Cl DM5166E LOAD OVERWEIGHT PERMIT$(Used fin Wasoottiag overweight divisible k ede on h0wM e.b mend.g[svcl,mud oil,Mi lk dcJ Pdity provided awat be ten is=pdawa wtb B ah w. d HIGHWAY Wt0R1C PERMITS(Uue for iaaWlirg amddermrsintsieimg tsalitios oro Stab riglmt-o¢way-coverage is Mich nae eha0 be writim only as Protective liability WPIMM policy and shall On include computed operations liability i lin react with map rd to liability imposed by law arising bdweea eta date of fosl cftwl n of the work pmsmnt to the Higbw y Work Pwmitand the dam of final soesP ecce of Such wort by the Stab.)Mi YProv*W mum be as owerdmtoe with.4 abomw.(yagnmmlmi oovagge b nalmisd polklyprovided mtor be in oerordanre wdd C I&M de the box next so C mmur be dwckdj C]'RESTBICTED Y.Lr UCLE PERMITs(Necsrary,for vehicles regwarad as commerrctal to travel knally on rmbieted Parkways,and M SOLELY for Purpose,purpoof wok;done on the Pala a at.b ecome s al,that lie only accowble via the Parkway&) Aomoms:d Sli mere Ofrwreeee/YML tWaw Mrmwanw Caapwsy fyteeee poise - AanottedlfaeieNleaaaeer Aar r➢lnaa pd0 Aad.,r.eflwiwweCagmy 0 epwml Adaosafl MMApar fpibeM Telephow No.dlmuw,p Co.tpray Telephone W0.ofinnnitm Apt P,S!0 ;2005 1<':28 h312340'11 PECONIC LAPID TRUST PAGE 04 • PERM l7 ATTACHMENT(9M4) • on • NYS Deparanent of Transportation Central Permit Office 50 Wolf Road, Is!Floor Albany,NY 12232 (518)485-9176 ort-866.704-9440 ATTACHMENT TO CERTIFICATE OF INSURANCE FOR SPECIAL HAULING,DOISIRLE LOAD OVERWEIGHT, AND HIGHWAY WORK PERMIT INSURANCE REQU1REmRNws THIS FORM MUST BE SUBMITTED WITH THE APPROPRIATE CERTIFICATE OpiNSURANCS(PSRM 17) TO BB PR6 11Y BeRRAIaM AdeNCY oa omrRANQ OTae/Aw 1. NAME OF PERMIT APPLICANT(As listed on insurance) (THE IS44LNAME OF THE BUSINESS ENITrr,Le..CMFORATIOM rANTNEEaKip OR cromaUAL,TRATOWRaCONTROLS THE MOTOR. CARVISROPLEATTOR NAMR ONM ORANCB CEIMPICATIs l TBRMITAPPULATIM MUST Big]DWTICAL-ORE NAME ONLY, TBE APPLW-V t`S MOTOR VEIHCLB REGt9rRA7ION OPEIATORa NUMB MUST ALSO MATCB POR I)MIS0L6 LOAD ovr.RwWGHr rERMITSa NOTE:rcDnA she pJmMeNama arlapl Blde'Ad Copy er'CWaeae OrCeeaaeaeB Mains ude,.nAwmad Naos' da Ear Media Ceu ly CRak's Otlre-e.B Jala kewiJose TOVIAMW 2. ADDRESS OF PERMIT APP.LICANT,(As listed on inammcel (Provide street sddmss of principal place of buaicees) '— D PLRASR C1119M SERE IF T11118 19 A C7IANGE OFADORRSS 2a.MAILING ADDRESS OF PERMIT APPLICANT (If different then above) G PLEASE CHBCR HERE IF TINS 13A CHAN=OF ADDRESS 3. TELEPHONE NUMBER OF PERMNI)T APPLICANT '4. NAME OF PERMIT APPLICANT CONTACT PERSON 5. EFFECTIVE DATE EXPIRATION DATE Tit"non"Caaalaewr Uses Gecener la Phaco oraapintisa dab N NOT setaptable. Mail am dom&@ me cedeJNar year. 6. Consider(be CatiErata of Ionaranee(PERM 17)se PAGE 1,this ATTACHMENT is PAGE of TOTALPAGES 1.BRANCH OFFICES•Additional locations Alm 1' - i oiled on page one,*o Certi6pk of TnswoMe(PERM 17), where the has!l=physJosl Piece of usiROMnodthe vehicles ate dispatched ftea%%)e operating under aNYS Depattmant of raosparratem permit NAME OR DESIGNATION OF BRANCH OFFICE: BRANCH OFFICE PIff9ICAL ADDRESS: BRANCH OFFICE MAILING ADDRESS; T EL18PHONE NUMBER OF BRANCH OFFICE: CONTACT PERSON- NAME OR DESIGNATION OF BRANCH OFFICE: BRANCH OFFICE PHYSICAL ADDRESS: BRANCH OFFICE MAILING ADDRESS: TELEPHONE NUMBER OF BRANCH OFFICE: CONTACT PERSON: NAME OR DESIGNATION OF BRANCH OFFICE: BRANCH OPPICE PHYSICAL ADDRESS: BRANCH OFFICE MAILING ADDRESS: TELEPHONE NUMBER OF BRANCH OFFICE: CONTACT PERSON: (Additional sheets may be PECONIC LAND TRUST July 28, 2005 Anthony Trezza �. Southold Planning Department 54375 Main.Road PO Box 1179 AUG Southold,NY 11971 Re: Elysian Fields: SCTM# 1000-75-2-2 Dear Anthony: Enclosed please find three copies each of the revised Road and Drainage Plan and the revised Final Plat with the revised T-turnaround and the title change. In addition, I enclose certified copies of the recorded C &R's and the Road Agreement for the subdivision, as well as the revised bond estimate. Please review the maps as soon as possible and let me know if they are acceptable before I have them signed by the engineer and the DOH. I believe at that point there is only the administrative fee and the performance guarantee to be paid and the DOT permit to be issued. Regarding the DOT permit, we are running into trouble acquiring the Penn 17 and attachment as this is an insurance form required for the issuance of a DOT permit that is supposed to be filled out by the contractor who will be performing the curb cut work. Since we are not actually planning to do the work, we have no contractor to fill out the Perm 17. Mark Wolfgang is on vacation till Monday, August I"so I will have to wait until then to find out what to do. Other than that, we have all of the items necessary to receive a permit. If we are unable to secure a permit due to this "catch-22"I'm afraid we will have to revisit this with the Planning Board. I just wanted to make you aware that we may have a problem. I will let you know more next week. Sincerely, / Peri L. Grandone� Senior Project Manager Enclosures 296 HAMPTON ROAD I POST OFFICE BOX 1776 1 SOUTHAMPTON NEW YORK 119691 PHONE (631)283-31951 FAX (631)283-0235 www.peconiciandtrust.org BOND ESTIMATE MAJOR SUBDIVISION FOR ELYSIAN FIELDS MAIN ROAD, PECONIC SOUTHOLD SCTM# 1000-75-2-2 PREPARED JULY 28,2005 16' Stone blend road 1300 linear feet @$15 $19,500 (includes grading) 8' foot diameter 8' deep pools 6 @ $250 $1,500 $21,000 6%Administrative Fee $ 1.260 Total $22,260 AUG - 1 2005 DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this,41 day of/ .4 2005 by Merlot LLC with offices at 591A Bicycle Path, Port Jefferson,NY 11776, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the North side of Main State Road 25, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into five (5) lots, as shown on the Subdivision Map of "Elysian Fields"prepared by John C. Ehlers Land Surveyor, last dated May 3, 2005 which map will be filed herewith in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, 3,4 and 5, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) There shall be no further subdivision of Lots 1, 2, 3 and 4. No lot lines shall be changed unless authorized by the Town Planning Board. 2) No structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the wetlands as designated on the subdivision map. 3) No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the wetland in any manner. • 4) Each lot owner is responsible for preventing runoff onto neighboring properties. 5) Prior to the commencement of any construction activity on lots 1, 2, 3, 4 and 5, a NYSDEC SPEDS General Permit must be secured and submitted. 6) As described in a separate Road Declaration, lot owners 1, 2, 3 and 4 shall have a mutual non-exclusive,perpetual easement over and access across the road, which is part of Lot 5, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie- into, flow through and use the utility services located on, over or under the road. 7) Direct access to and from Lot 5 to onto State Route 25 is prohibited. Access to Lot 5 shall be from the 66' wide right-of-way. 8) For tum around purposes, the extension of the road into Lots 3 and 4 will remain free from obstructions or gates that would infringe upon the use of the road. 9) No residential structures shall be constructed on Lot 5. 10) The 2.0997-acre development area within Lot 5 shall not be further subdivided. This covenant shall not preclude the construction of such structures within the development area for uses permitted by the Conservation Agreement which encumbers the entire area of Lot 5. 11) By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal,unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee therof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed,modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and year first written above. For Merlo LLC BY Corp ,Managing M her erodotus Damianos, M.D., President \ KATHRYN KREJCI STATE OF NEW YORK ) NOU7ry Public, State of New Vprk COUNTY OF SUFFOLK ) SS: N0.0iKR4823516,Suffolk Cww Commission Expires pecernber8lg On thisS 1 day of Oft I in the year 2005 before me, the undersigned,personally appeared Herodotus Damianos,M.D.,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(&)is (am)subscribed to the within instrument and acknowledged to me that0/she/they executed the same in G/her/their capacity(jes), and that by his/her/their signature(s) on the instrument, the individual(&), or the person upon behalf of which the individual(s) acted, executed the instrument. No Public KATHRYN KREJCI Notary Public, State of New York No.01 KR4823516, Suffolk County Commission Expires December 31,2006 i STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARE THE ANNEXED COPY OF DEED LIBER lam. 3!?R AT PAGE /HO RECORDED 7— � ©� At I THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS DAY OF Y� �/ 'l IYltLi CLERK 12o1N ,M,<o Fidelity National Title INSURANCE COMPANY TITLE NO. 05-7404-60626.SS-SUFF SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a point on the northerly side of Main Road where the same is intersected by the easterly side of land now or formerly of Jacqueline C. and/or George S. Bauer; RUNNING THENCE along said land, North 21 degrees 54 minutes 50 seconds West 225 .04 feet and South 58 degrees 33 minutes 10 seconds West 183 . 14 feet to land now or formerly of Stanley Mokus; RUNNING THENCE along said land, North 23 degrees 32 minutes 30 seconds West 2358. 65 feet to the southerly side of the Long Island Railroad; RUNNING THENCE along the southerly side of the Long Island Railroad, North 60 degrees 33 minutes 00 seconds East 620. 76 feet to land now or formerly of Wicpzynski; RUNNING THENCE along said land, South 26 degrees 02 minutes 30 seconds East 2077 . 18 feet to land now or formerly of Stelzer; RUNNING THENCE along said land and along lands now or formerly of Gajeski and Harris, South 26 degrees 42 minutes 50 seconds East 306. 84 feet to land now or formerly of Henry Stelzer; RUNNING THENCE along said land, South 61 degrees 35 minutes 00 seconds West 131 . 73 feet; RUNNING THENCE along land now or formerly of F. Stelzer, South 59 degrees 05 minutes West 125 feet and South 26 degrees 15minutes East 175 feet to the northerly side of Main Road; RUNNING THENCE along the northerly side of Main Road, South 59 degrees 11 minutes 30 seconds West 305 . 54 feet to the point or place of BEGINNING. 24 Commerce Drive • Riverhead,New York 11901 • (631)727-0600 • Fax: (631)727-0606 I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 1111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 07/20/2005 Number of Pages: 5 At: 01:49:58 PM Receipt Number : 05-0075285 LIBER: D00012398 District: Section: Block: PAGE: 1000 Lot: 780 075.00 02 .00 002 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Pa a/Filin Exempt Exempt g g $15 .00 NO Handling $5.00 NO COfi $5 .00 NO NYS SRCHG $15.00 NO TP-584 $0 .00 NO Notation $0.00 NO Cert.Copies $5.00 NO RPT $30. 00 NO SCTM $0. 00 NO Fees Paid $75. 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County F C _ Number of pages RECORDED 2005 Jul 20 01:49.58 PM TORRENS Edward P.Romaine CLERK OF Serial# SUFFOLK COUNTY L D00012398 Certificate# P 780 Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps q 1 FEES Page/Filing Fee �_ Mortgage Amt. _ Handling 1. Basic Tax TP-584 2.Additional Tax Notation' Sub Total s EA-52 17(County) Sub Total Spec./Assit. Or EA-5217(State) Spec./Add. RP.T.S.A. v .yv�A� TOT.MTG.TAX Dual Town Dual County Comm.of Ed. 5 00 Held for Apportionment II Affidavit �+ ♦ Transfer Tax _ rtified Copy �T ��� Mansion Tax _ The property covered by this mortgage is or Reg.Copy will be improved by a one or two family T Sub Total dwelling only. Other YES or NO GRAND TOTAL 75� If NO, see appropriate tax clause on page # of this instrument. 5 Real Property Tax Service Agency Verification 6 Conununity Preservation Fund ^ ' Con Weration Amount $ 1000 07500 0200 002000 Stamp / CPF , ax Due $ PT S Date R LPA A Improved 74JUN-05 Initials Vacant Land 7 Satisfaction s/Discharges/Releases List Property Owners Mailing Address TD /— RECORD&RETURN TO: TD L c- 7 TD �D fox 77 F Title Company Information Name e# 9 Suffolk County Recording & Endorsement /P�a e This page forms part of the attached �e �,¢Q v 7,o,✓ O r= 4 re�n„ fr WP W4c 4i Wmade by: ¢� � (SPECIFY TYPE OF INSTRUMEN `) 1' G 4 L,o 7 L L c--- The premises herein is situated in SUFFOLK COUNTY,NEW YORK' TO In the Township of S p vThO IL In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 07/20/2005 Number of Pages: 7 At: 01:49:58 PM Receipt Number : 05-0075285 LIBER: D00012398 District: Section: Block: PAGE: 1000 Lot: '781 075. 00 02 .00 002 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $21.00 NO Handling $5.00 NO pt COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $5.00 NO RPT $30.00 NO SCTM $0. 00 NO Fees Paid $81.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County F2] Number of pages RECORDED TORRENS 2005 Jul 20 01:49:58 PM Edward P.Romaine Serial# CLERK, OF SUFFOLK COUNTY Certificate# L D00012398 P 781 Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps q 1 FEES Page/Filing Fee Mortgage Amt. _ Handling 1. Basic Tax T TP-584 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total Spec./Assit. Or EA-5217(State) Spec./Add. RP.T.S.A. _ 2 — c�f1DN�yA� TOT. MTG.TAX _ Dual Town Dual County Comm.of Ed. 5 OQ-- Held for Apportionment Affidavit Transfer Tax _ Certified Copy - `J/ � Mansion Tax _ / The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total dwelling only. Other _ YES or NO If NO, see appropriate tax clause on page# GRAND TOTAL of this instrument. 5 Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. Section Block Lot Consideration Amount $ —7�5 Stamp 1000 07500 0200 002000 CPF Tax Due $ _d Date p T S Improved R LPA A Initials Vacant Land TD RECORD&RETURN TO: / / TD �GC.or7I'c Z'4' di 2 &'S TD LJ D t/ A m�J Y9 Ni N / 8 Title Company Information Co. Name Title# 91 Suffolk County Recording & Endorsement Page This page forms part of the attached -be-G L/9-x/4 i 'bn/ made by: // (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORIp TO In the Township of In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) DECLARATION This Declaration ("Declaration") is made this a-!Z day of May, 2005, by Merlot, LLC hereinafter referred to as "Declarant' S )q o WHEREAS, the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County I Tax Map as District 1000, Section 75, Block 2, Lot 2, and WHEREAS, Declarant has made an application to subdivide said real property into five (5) lots, as shown on the Subdivision map of Elysian Fields prepared by John Ehlers Land Surveyors, and WHEREAS, Declarant desires to provide for maintenance and management of the roadway which provides ingress and egress to the subdivision lots; NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the Lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the Lots,their heirs, successors and assigns, to wit: A. ROAD DESIGN AND CONSTRUCTION The subdivision road shall be located as shown on the subdivision map and shall be of stone blend composition to a width of 24 feet for a distance of approximately 178.92 feet from Main Road; and narrow to a width of 16 feet for a distance of approximately1251.30 feet. The subdivision road shall be constructed in accordance with Town of Southold specifications. Title to the road shall remain with Merlot LLC, its successors or assigns with its use subject to this Declaration. B. MAINTENANCE AND MANAGEMENT OF ROAD 1. The owners of each of the subdivision lots hereby covenant and agree that Merlot LLC or its successor or assigns in interest shall manage, administer, maintain and operate the subdivision road in accordance with the provisions of this Declaration. Merlot LLC hereby agrees to provide year-round management of the road as a right-of-way in accordance with normal, customary and responsible management practices, which practices include but are not limited to: a. The routine maintenance of the road, including but not limited to, litter collection, snow removal and repair of the surface as necessary to keep the road in good and working order. b. The use of agents, subcontractors or employees deemed by Merlot LLC or its successors or assigns to be reasonably necessary to carry out the responsibilities under this Declaration. 2. Merlot LLC agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C,below. 3. In addition to the insurance provided above, Merlot LLC shall be named an additional insured on individual homeowner policies for each of the Lots, and each homeowner shall maintain liability insurance of not less than $500,000. C. MANAGEMENT COSTS 1 . Merlot LLC, in its sole discretion, shall: a. Prepare an annual budget and apportion to the Lot Owners an equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance,maintenance and repair. b. Maintain a "Reserve Fund" for extraordinary repair and replacement of the road. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen(15) year period. c. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above described Reserve Fund, Merlot LLC may recommend a special assessment which must be approved by a simple majority of all Lot Owners. All Lot Owners so assessed shall be obligated to promptly pay the amount of the Special Assessment to Merlot LLC. D. PERMITTED AND PROHIBITED USES 1. Declarant hereby declares that the road shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: a. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i)use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without prior written consent of Merlot LLC. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or exiting from the road may be made. e. No alteration or modification of the road, once constructed, will be permitted without prior written consent of Merlot LLC and the Planning Board of the Town of Southold. E. TERMS OF PAYMENT All Maintenance Costs, Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty (30) days after the date of the bill submitted by Merlot LLC. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty (30) days after notice of violation is given by Merlot LLC, then Merlot LLC shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Declaration. F. MISCELLANEOUS 1. Merlot LLC, its successors and assigns hereby make a continuing offer of dedication of the road to the Town of Southold which the Town may formally accept in the event one or more of the following events occurs: a. The conditions for acceptance of the offer of dedication of the road set forth in the Resolution of Conditional Final Approval for the Elysian Fields subdivision adopted by the Town of Southold Planning Board on i 1 t Lobs. b. That the road is in a state of disrepair and remains in that state for a period of 120 days after receipt of written notice from the Town of Southold, C. If real property taxes remain unpaid and the road or a parcel including the road is sold at a real property tax sale. 2 . That these covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state or federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. 3 . If any section, subsection, paragraph, clause, phrase, or provision of these covenants and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid, or unconstitutional. 4 . The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 5 . The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. 6 . If Merlot LLC or its successors or assigns fails to meet its obligations with regards to the terms of this Road and Maintenance Agreement, the Declaration may be enforced by the Town of Southold against Merlot LLC, its successors, assigns, or the individual lot owners. 7 . All notices required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed effective when mailed. 8 . In the event that the Declarant is no longer in title to any portion of the subdivision, then, in that event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. IN WITNESS WHEREOF, the Declarant has executed this Easement and Declaration the day and year first above written. Declarant: FOR MERLOT LLC: By RHX Corp.,Managi ember erotu ods DWrTfianOs D.,President STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On theo2'7y" flay of 61#2x in the year 2005 before me,the undersigned, a Notary Public in and for said state,personally appeared Dr. Herodotus Damianos,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 executed the same in his capacity and that by his signature on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary is KATHRYN KREJCI Notary Public, State of New York No.01 KR4823516, Suffolk County Commission Expires December 31,2006 STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY DEED LIBER ERTI THAT I HAVE -7 A?THE A..RECORDEDNEXED PY�F,;?O_OJ' AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN-TESTIMONY WHEREOF, I HAVE HEREUNTO SE MY HAND AND �XE THE SEAL OF SAID COUNTY AND COURT THIS oZ DAY OF (T - 5 CLERK / , 12-0169,lMo 'Fidelity National Title INSURANCE COMPANY TITLE NO. 05-7404-60626 .SS-SUFF SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a point on the northerly side of Main Road where the same is intersected by the easterly side of land now or formerly of Jacqueline C. and/or George S. Bauer; RUNNING THENCE along said land, North 21 degrees 54 minutes 50 seconds West 225 . 04 feet and South 58 degrees 33 minutes 10 seconds West 183 . 14 feet to land now or formerly of Stanley Mokus; RUNNING THENCE along said land, North 23 degrees 32 minutes 30 seconds West 2358 . 65 feet to the southerly side of the Long Island Railroad; RUNNING THENCE along the southerly side of the Long Island Railroad, North 60 degrees 33 minutes 00 seconds East 620 . 76 feet to land now or formerly of Wicpzynski; RUNNING THENCE along said land, South 26 degrees 02 minutes 30 seconds East 2077 . 18 feet to land now or formerly of Stelzer; RUNNING THENCE along said land and along lands now or formerly of Gajeski and Harris, South 26 degrees 42 minutes 50 seconds East 306 . 84 feet to land now or formerly of Henry Stelzer; RUNNING THENCE along said land, South 61 degrees 35 minutes 00 seconds West 131 . 73 feet; RUNNING THENCE along land now or formerly of F. Stelzer, South 59 degrees 05 minutes West 125 feet and South 26 degrees 15minutes East 175 feet to the northerly side of Main Road; RUNNING THENCE along the northerly side of Main Road, South 59 degrees 11 minutes 30 seconds West 305 . 54 feet to the point or place of BEGINNING. 24 Commerce Drive • Riverhead,New York 11901 • (631)727-0600 • Fax: (631)727-0606 F MAILING ADDRESS: PLANNING BOARD MEMBER ��qsoyo Southold,P.O. Box 1179 11971 JERILYN B.WOODHOUSE �� �� Chair OFFICE LOCATION: WILLIAM J. CREMERS H Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 MARTIN H. SIDORD�y ``..11 (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON Coil Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Planning Board Anthony Trezza, Senior Planner From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: June 16, 2005 Re: Proposed Conservation Subdivision of Elysian Field Located on the n/s/o State Route 25, approximately 545 feet west of Maple Avenue, in Southold SCTM#1000-75-2-2 Zoning District A-C The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department on June 1, 2005, as well as the records available to me, it is my recommendation that the proposed action is consistent with the following Policy Standards and therefore consistent with the LWRP. Pursuant to Chapter 95, the Planning Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Policy ]. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. This proposal is to subdivide a 37.85 acre parcel into 5 lots where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was gifted to the Peconic Land Trust. The proposal conforms with the Agricultural Conservation(AC) Zoning District. Through the placement of a Conservation Easement on the property the parcel yield was reduced. Based upon such, the proposal supports the policy of preserving open space and enhances the character of the surrounding agricultural community and uses. The property is located within REACH 7 and fronts State Road 25, a designated scenic byway. The proposed residential lots are clustered and stacked north/south along the eastern property boundary behind existing improved lots. Therefore, the impact to the scenic byway has been mitigated to the greatest extent possible. Additionally, the proposal will utilize existing infrastructure with no significant improvements proposed. All utilities will be constructed below grade. Based upon such, no significant adverse impacts to the above policies are expected to result from the proposed action. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. The historic and current use on the site is agriculture. Currently the parcel is fallow. No known historic or archeological resources exist on site. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Pursuant to Section A106-56 vegetative clearing will be restricted to XX percent of the lot areas which will minimize scenic quality impacts to the surrounding properties and State Route 25. Additionally, due to orientation and placement of the residential lots (stacked behind the existing improved lot), the impacts to State Route 25 will be minimized. The parcel will be accessed via a 25 right-of-way. All utilities will be placed underground. Based upon such, the proposed action meets the following Policy Standard to the greatest extent possible. Policy Standard 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold including: A. Minimizing the introduction of structural design components (including utility lines, lighting, signage and fencing)which would be discordant with existing natural scenic components and character, B. Screening components of development which detract from visual quality, C. Using appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. D. Preserving existing vegetation and establish new indigenous vegetation to enhance scenic quality, and E. Protecting visual quality associated with agricultural land, open space and natural resources. Policy 4. Minimize loss of human life, structures, and natural resources from flooding and erosion. No loss of human life, structures or impacts to natural resources from flooding and erosion will occur as a result of this action. Policy S. Protect and improve water quality and supply in the Town of Southold Through the placement of a Conservation Easement that perpetually preserved 24.80 acres; the density of the parcel was reduced. Therefore, the proposed action supports and/or meets the following goals of Policy 5: Goal 1. To protect and preserve a healthful drinking water supply sufficient to serve the existing future residents of the Town, while maintaining and enhancing the natural resources and quality of life in the town. Goal 3. To manage future growth to ensure a sustainable drinking water supply from the Southold Township sole source aquifer. Goal 4. To preserve the town's farming blocks in order to protect farming operations, limit the need for additional drinking water in these areas, and provide, through agricultural best management practices, a continual improvement to the groundwater quality in the area. Goal 5. To conserve drinking water supplies by reducing wasteful water use. Goal 6. To integrate land conservation, agricultural activities, and development control to preserve a sustainable balance between water recharge and drinking water use. Goal 7. To constructively protect the Town's sole source aquifer from contamination by inappropriate land use practices. The northern area of the property is located within the Special Groundwater Protection Area as identified by the Suffolk County Water Authority. This area is expected to return to agricultural use in the future. Due to the location within the Special Groundwater Protection Area, it is recommended that the Planning Board require the following best management practices for landscaping, lawn establishment and maintenance of the lawn post construction to further protect water quality within the Special Groundwater Protection Area: 1. Preserve and existing native landscapes and natural ground covers. 2. Choose native plants for landscaping. 3. Choose disease-resistant and drought-tolerant plants. 4. Minimize lawn areas, replacing turf with native trees and understory. 5. Use integrated pest management(IPM) techniques, including beneficial insects. 6. Use appropriate grass varieties (e.g., sun tolerant vs. shade tolerant). 7. Take steps to improve soil structure (annual or periodic soil aeration, additions of organic matter, etc.). 8. Leave grass clippings on the lawn as mulch. 9. Cut lawn no shorter than 3"to encourage deep roots. 10. Do not overwater lawns (excess irrigation causes soil nutrients to be lost). Additionally, where fertilization is proposed: 1. Apply a maximum of 1 lb. of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. 2. Choose fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. 3. Choose organic fertilizers,whereby all nitrogen in the mixture is non-synthetic. 4. Keep equipment properly calibrated to avoid over-application. 5. Don't apply fertilizers and pesticides within 100 feet of surface waters and wetlands. y 6. Apply product only during growing season (typically mid-March through mid-October). 7. Don't apply fertilizers when it is raining, or when rain is likely to occur within 24 hours. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. A freshwater wetland exists within the southwestern area of the parcel. No development action is proposed within 100' of the wetland, consequently, no loss of the area will occur. The proposed action supports the following policy standards. Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.2 Protect and restore tidal and freshwater wetlands. 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. Policy 7. Protect and improve air quality in the Town of Southold. No significant impact to air quality will occur as a result of the proposed action. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Solid wastes will be properly disposed of at the Solid Waste Transfer Station in Cutchogue. Further the proposed action will be subject to the "Town Bag" garbage disposal system which promotes waste reduction and increased recycling rates. Therefore the proposed action will support the following Policy Standards: 8.1 Manage solid waste to protect public health and control pollution.. 8.2 Manage hazardous wastes to protect public health and control pollution. 8.5 Transport solid waste and hazardous substances and waste in a manner which protects the safety, well-being, and general welfare of the public; the environmental resources of the state; and the continued use of transportation facilities 8.6 The transport of solid waste and hazardous substances from all sites within or through the Town shall be conducted in a manner respective of public safety and security issues. 8.7 Site solid and hazardous waste facilities to avoid potential degradation of coastal resources. The Policy could be further supported by the following solid waste management initiatives which would include: 1. The use of the Town of Southold Compost Facility materials which contribute to the replenishment of organic matter in local soils and help reduce the reliance of chemical fertilizers and herbicides and minimize the reduction of chemical fertilizers and herbicides in the Town's ground and surface waters. 2. Eliminating or reducing the generation of hazardous wastes to the maximum extent practical, 3. Recovering , reusing, or recycling remaining hazardous wastes to the maximum extent practical, 4. Using detoxification, treatment, or destruction technologies to dispose of hazardous wastes that cannot be reduced, recovered, reused, or recycled, and 5. Phase-out land disposal of industrial hazardous wastes. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. The property is private. There is no opportunity to meet this policy. Policy 10. Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. The property is inland with no adjacent water bodies. There is no opportunity to meet this policy. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. The property is inland with no adjacent water bodies. There is no opportunity to meet this policy. Policy 12. Protect agricultural lands in the Town of Southold A Conservation Easement was gifted to the Peconic Land Trust on 28.40 of 37.85 acres and therefore supports the following policy standards of protecting agricultural lands and uses. Policy Standards 12.1 Protect agricultural lands from conversion to other land uses. 12.2 Establish and maintain favorable conditions which support existing or promote new coastal agricultural production. 12.3 Minimize adverse impacts on agriculture from unavoidable conversion of agricultural land. 12.4 Preserve scenic and open space values associated with the Town's agricultural lands. To further this policy, it is recommended to the Planning Board apply a 25' vegetative buffer between the agricultutal and residential uses. Policy 13. Promote appropriate use and development of energy and mineral resources. This policy does not apply to this action. Please contact me at (631) 765-1938 if you have any questions regarding the above. MAILING ADDRESS: PLANNING BOARD MEMBERS teecouw),�o pf SOp/N* P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 ChairOFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS54375 State Route 25 MARTIN H. SIDOR GEORGE D. SOLOMON (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631765-1038 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD �a FACSIMILE e To: Peri Grandone, Sr. Project Manager ��� 1, From: Anthony Trezza, Sr. Planner n�t` Date: June 28, 2005 �1\ Re: Subdivision of Elysian Fields The Planning Board reviewed the Town Engineer's comments regarding the above- referenced subdivision at their work session on June 27, 2005. The following items are needed in order to obtain final approval for this application: 1. In accordance with the recommendations made by the Town Engineer, please revise the t-shaped tum-around as indicated on the accompanying sketch. Adjust the lot areas for lots 3 and 4 accordingly. The Planning Board has no objections to the lot areas falling below the minimum required of 80,000 s.£. Just be sure that the new lot areas are correctly shown on the map. 2. Change the title of the map to read Final Plat for the Clustered Standard Subdivision of Elysian Fields. 3. In accordance with the recommendations made by the Town Engineer, the drainage calculations and drainage systems need to be revised to include both the asphalt road and the stone blend section of the road. A run-off coefficient if 0.6 should be used for all stone blend areas. (Please refer to the attached Engineer's report). I ask that all questions regarding this matter be directed to Jamie Richter of the Office of the Town Engineer. 4. Please submit a revised bond estimate (including the administrative fee) to reflect the required changes to the road and drainage. Do not pay that fee until the Town Engineer has approved the revised road and drainage plans as well as the bond estimate. 5. The Planning Board will not require the planting of street trees with this project. 0 • 6. Upon the Town Engineer's approval of the revised bond estimate, you may submit the administrative fee as well as the Performance Guarantee. 7. Submission of the curb-cut permit from the New York State Department of Transportation. 8. Submission of the filed Declaration of Covenants and Restrictions and the Road and Maintenance Agreement. 9. Submission of 5 mylar and 8 paper prints with the Suffolk County Department of Health Services stamp of approval affixed to each sheet. If you have any questions or need further assistance, please feel free to contact this office. �gOFFOI,�c AT JOSHUA Y. HORTON °° ¢rye JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW Y(ARRK 11971 Fax. (631)-765-9015 Ol a T91.(63 1)-' imo-t OFFICE OF THE ENGINEER 20p5 TOWN OF SOUTHOLD Jerilyn B. Woodhouse J q '17, 005 Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Elysian Fields-S'6bdivision State Route 25, Southold, NY SCTM #: 1000—75—02—02 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the site plan for the above referenced project. Please consider the following: 1. As designed,the proposed"Tee"shaped road end may not adequately provide forthe turning radius of emergency equipment. Please note, this basic concept for providing turning access has been acceptable in the past but due to the narrow width of the Right of Way there may be problems. If property owners install fencing along the inside comer of proposed roadways on lot#3&#4 it will be difficult for larger vehicles such as rescue or fire trucks to tum around within the Right of Way. This configuration,as proposed, is not recommended but could be made userfriendlywith only minor Changes. 2. Drainage calculations and drainage systems have only been indicated for the Asphalt road section at the entrance to the subdivision. Design Calculations should also be provided to accommodate the Stone Blend section of road. Runoff calculations and drainage system designs should include this area and a run-off coefficient of 0.6 should be used for all stone blend areas. 3. A NYS DOT Curb Cut Permit should be required. 4. Will the Planning Board require Street Trees. Landscaping has not been indicated. 5. This subdivision will be creating five (5) lots. Has the local fire district had the opportunity to comment regarding the installation of Fire Wells or Hydrants? 6. Please note that the proposed disturbance resulting from construction activities would include the grading of the new road and the construction of new homes. The total ground disturbance for this project will be greater than one(1)acre in area. [This would include all graded &disturbed areas for the new road/driveway and drainage areas as well as the proposed building envelopes.) This project will require coverage from NYS Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must obtain coverage under the General Permit for Storm-water Runoff from Construction Activity (GP-02-01) prior to the initiation of construction activities. If you have any questions regarding this review, please contact my office. rely, mes A. ir, O � — O CC p\ y319 do 1i �,i� pp\Q� ar 0,0 CIL Y S n d� "' ars °nv '�., g • — � T9 vy `r S rJ p`•(�° a'° __ a�°\aria agn 6j6� �S s\rG�1�Y.:-' s Q �� ALci. 2w0 Fqj2 p40 30 \,f OCA � 3 Sr OFF01jr W JOSHUA Y. HORTON � � JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD • TOWN OF SOUTHOLD,.NEW YORK 11971 Fax. (631)-765-9015 Tel.(631)-765-1560 . 41 OFFICE OF THE ENGINEER �U} TOWN OF SOUTHOLD wN Jerilyn B. Woodhouse June 17,2005 Chairperson - Planning Board Town Hall, 53095 Main Road ' Southold, New York 11971 Re: Elysian Fields-Subdivision State Route 25, Southold, NY SCTM#: 1000—75—02—02 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the site plan for the above referenced project. Please consider the following: 1. As designed,the proposed"Tee"shaped road end may not adequately provide for the turning radius of emergency equipment. Please note, this basic concept for providing turning access has been acceptable in the past but due to the narrow width of the Right of Way there may be problems. If property owners install fencing along the inside corner of proposed roadways on lot#3&#4 it will be difficult for larger vehicles such as rescue or fire trucks to tum around within the Right of Way. This configuration,as proposed,is not recommended but could be made user friendly with only minor Changes. 2. Drainage calculations and drainage systems have only been indicated for the Asphalt road section at the entrance to the subdivision. Design Calculations should also be provided to accommodate the Stone Blend section of road. Runoff calculations and drainage system designs should include this area and a run-off coefficient of 0.6 should be used for all stone blend areas. 3. A NYS DOT Curb Cut Permit should be required. 4. Will the Planning Board require Street Trees. Landscaping has not been indicated. 5. This subdivision will be creating five (5) lots. Has the local fire district had the opportunity to comment regarding the installation of Fire Wells or Hydrants? 6. Please note that the proposed disturbance resulting from construction activities would include the grading of the new road and the construction of new homes. The total ground disturbance for this project will be greater than one(1)acre in area. [This would include all graded&disturbed areas for the new road/driveway and drainage areas as well as the proposed building envelopes.] This project will require coverage from NYS Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must obtain coverage under the General Permit for Storm-water Runoff from Construction Activity(GP-02-01) prior to the initiation of construction activities. If you have any questions regarding this review, please contact my office. rely,irmes A. MAILING ADDRESS: PLANNING BOARD MEMBERS �aOF S0�lyo Southold,.O. Box 1179 11971 JERILYN B.WOODHOUSE Q l� Chair OFFICE LOCATION: WILLIAM J. CREMERS H 1c Town Hall Annex KENNETH L.EDWARDSG �p� 54375 State Route 25 MARTIN �OlCOUIY l, (cor. Ma ge Ave.) GEORGED SOLOMON Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Planning Board Anthony Trezza, Senior Planner From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: June 16, 2005 Re: Proposed Conservation Subdivision of Elysian Field Located on the n/s/o State Route 25, approximately 545 feet west of Maple Avenue, in Southold SCTM#1000-75-2-2 Zoning District A-C The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department on June 1, 2005, as well as the records available to me, it is my recommendation that the proposed action is consistent with the following Policy Standards and therefore consistent with the LWRP. Pursuant to Chapter 95, the Planning Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. This proposal is to subdivide a 37.85 acre parcel into 5 lots where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was gifted to the Peconic Land Trust. The proposal conforms with the Agricultural Conservation(AC) Zoning District. Through the placement of a Conservation Easement on the property the parcel yield was reduced. Based upon such, the proposal supports the policy of preserving open space and enhances the character of the surrounding agricultural community and uses. The property is located within REACH 7 and fronts State Road 25, a designated scenic byway. The proposed residential lots are clustered and stacked north/south along the eastern property boundary behind existing improved lots. Therefore, the impact to the scenic byway has been mitigated to the greatest extent possible. Additionally, the proposal will utilize existing infrastructure with no significant improvements proposed. All utilities will be constructed below grade. Based upon such, no significant adverse impacts to the above policies are expected to result from the proposed action. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. The historic and current use on the site is agriculture. Currently the parcel is fallow. No known historic or archeological resources exist on site. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. , Pursuant to Section A106-56 vegetative clearing will be restricted to XX percent of the lot areas which will minimize scenic quality impacts to the surrounding properties and State Route 25. Additionally, due to orientation and placement of the residential lots (stacked behind the existing improved lot), the impacts to State Route 25 will be minimized. The parcel will be accessed via a 25 right-of-way. All utilities will be placed underground. Based upon such, the proposed action meets the following Policy Standard to the greatest extent possible. Policy Standard 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold including: A. Minimizing the introduction of structural design components (including utility lines, lighting, signage and fencing)which would be discordant with existing natural scenic components and character, B. Screening components of development which detract from visual quality, C. Using appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. D. Preserving existing vegetation and establish new indigenous vegetation to enhance scenic quality, and E. Protecting visual quality associated with agricultural land, open space and natural resources. Policy 4. Minimize loss of human life, structures, and natural resources from flooding and erosion. No loss of human life, structures or impacts to natural resources from flooding and erosion will occur as a result of this action. Policy 5. Protect and improve water quality and supply in the Town of Southold. Through the placement of a Conservation Easement that perpetually preserved 24.80 acres; the density of the parcel was reduced. Therefore, the proposed action supports and/or meets the following goals of Policy 5: Goal 1. To protect and preserve a healthful drinking water supply sufficient to serve the existing future residents of the Town, while maintaining and enhancing the natural resources and quality of life in the town. Goal 3. To manage future growth to ensure a sustainable drinking water supply from the Southold Township sole source aquifer. Goal 4. To preserve the town's farming blocks in order to protect farming operations, limit the need for additional drinking water in these areas, and provide, through agricultural best management practices, a continual improvement to the groundwater quality in the area. Goal S. To conserve drinking water supplies by reducing wasteful water use. Goal 6. To integrate land conservation, agricultural activities, and development control to preserve a sustainable balance between water recharge and drinking water use. Goal 7. To constructively protect the Town's sole source aquifer from contamination by inappropriate land use practices. The northern area of the property is located within the Special Groundwater Protection Area as identified by the Suffolk County Water Authority. This area is expected to return to agricultural use in the future. Due to the location within the Special Groundwater Protection Area, it is recommended that the Planning Board require the following best management practices for landscaping, lawn establishment and maintenance of the lawn post construction to further protect water quality within the Special Groundwater Protection Area: 1. Preserve and existing native landscapes and natural ground covers. 2. Choose native plants for landscaping. 3. Choose disease-resistant and drought-tolerant plants. 4. Minimize lawn areas,replacing turf with native trees and understory. 5. Use integrated pest management(IPM) techniques, including beneficial insects. 6. Use appropriate grass varieties (e.g., sun tolerant vs. shade tolerant). 7. Take steps to improve soil structure (annual or periodic soil aeration, additions of organic matter, etc.). 8. Leave grass clippings on the lawn as mulch. 9. Cut lawn no shorter than 3"to encourage deep roots. 10. Do not overwater lawns (excess irrigation causes soil nutrients to be lost). Additionally, where fertilization is proposed: 1. Apply a maximum of 1 lb. of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. 2. Choose fertilizers where the water-soluble nitrogen is no more than 20%of the total nitrogen in the mixture. 3. Choose organic fertilizers, whereby all nitrogen in the mixture is non-synthetic. 4. Keep equipment properly calibrated to avoid over-application. 5. Don't apply fertilizers and pesticides within 100 feet of surface waters and wetlands. 6. Apply product only during growing season(typically mid-March through mid-October). 7. Don't apply fertilizers when it is raining, or when rain is likely to occur within 24 hours. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. A freshwater wetland exists within the southwestern area of the parcel. No development action is proposed within 100' of the wetland, consequently, no loss of the area will occur. The proposed action supports the following policy standards. Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.2 Protect and restore tidal and freshwater wetlands. 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. Policy 7. Protect and improve air quality in the Town of Southold No significant impact to air quality will occur as a result of the proposed action. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Solid wastes will be properly disposed of at the Solid Waste Transfer Station in Cutchogue. Further the proposed action will be subject to the "Town Bag" garbage disposal system which promotes waste reduction and increased recycling rates. Therefore the proposed action will support the following Policy Standards: 8.1 Manage solid waste to protect public health and control pollution.. 8.2 Manage hazardous wastes to protect public health and control pollution. 8.5 Transport solid waste and hazardous substances and waste in a manner which protects the safety, well-being, and general welfare of the public; the environmental resources of the state; and the continued use of transportation facilities 8.6 The transport of solid waste and hazardous substances from all sites within or through the Town shall be conducted in a manner respective ofpublic safety and security issues. 8.7 Site solid and hazardous waste facilities to avoid potential degradation of coastal resources. The Policy could be further supported by the following solid waste management initiatives which would include: I. The use of the Town of Southold Compost Facility materials which contribute to the replenishment of organic matter in local soils and help reduce the reliance of chemical fertilizers and herbicides and minimize the reduction of chemical fertilizers and herbicides in the Town's ground and surface waters. 2. Eliminating or reducing the generation of hazardous wastes to the maximum extent practical, 3. Recovering , reusing, or recycling remaining hazardous wastes to the maximum extent practical, 4. Using detoxification, treatment, or destruction technologies to dispose of hazardous wastes that cannot be reduced, recovered, reused, or recycled, and 5. Phase-out land disposal of industrial hazardous wastes. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. The property is private. There is no opportunity to meet this policy. Policy 10. Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. The property is inland with no adjacent water bodies. There is no opportunity to meet this policy. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. The property is inland with no adjacent water bodies. There is no opportunity to meet this policy. Policy 12. Protect agricultural lands in the Town of Southold. A Conservation Easement was gifted to the Peconic Land Trust on 28.40 of 37.85 acres and therefore supports the following policy standards of protecting agricultural lands and uses. Policy Standards 12.1 Protect agricultural lands from conversion to other land uses. 12.2 Establish and maintain favorable conditions which support existing or promote new coastal agricultural production. 12.3 Minimize adverse impacts on agriculture from unavoidable conversion of agricultural land. 12.4 Preserve scenic and open space values associated with the Town's agricultural lands. To further this policy, it is recommended to the Planning Board apply a 25' vegetative buffer between the agricultural and residential uses. Policy 13. Promote appropriate use and development of energy and mineral resources. This policy does not apply to this action. Please contact me at (631) 765-1938 if you have any questions regarding the above. PLANNING BOARD MEMBER'S QF SOS • MAILING ADDRESS: rjs.O P.O. Box 1179 JERILYN B. USE �Q l� Southold, NY 11971 Chair T OFFICE LOCATION: WILLIAM J. CREMERS -* Town Hall Annex KENNETH L. EDWARDS �, p 54375 State Route 25 GEORGE D SOLOMON lyC[7U �N H. SIDOR � (cor. Man . &Youngs Ave.) Telephone: 631 765-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 14, 2005 Ms. Peri L. Grandone c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Standard Subdivision Elysian Field Located on the n/s/o State Route 25, approximately 545 feet west of Maple Avenue, in Southold SCTM#1000-75-2-2 Zoning District A-C Dear Ms. Grandone: The Southold Town Planning Board, at a meeting held on Monday, June 13, 2005, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 37.85-acre parcel into 5 lots where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was gifted to the Peconic Land Trust and includes a 2.09-acre building envelope; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the map prepared by John C. Ehlers, LS, dated as last revised July 23, 2004; and WHEREAS, the Southold Town Planning Board granted conditional preliminary approval by resolution, dated October 5, 2004, on the map prepared by John C. Ehlers, LS, dated as last revised August 13, 2004; and WHEREAS, on May 19, 2005, the applicant submitted a map containing the Health Department stamp of approval; be it therefore RESOLVED, that the Southold Town Planning Board finds that because a public hearing was held on October 4, 2004 and the final plat is in substantial agreement with the preliminary plat, the final public hearing for this project is hereby waived; and be it further Elysian Field — Page Two — 6/14/05 RESOLVED, that the Southold Town Planning Board finds that the requirement for streetlights is inconsistent with the character and land use of the area and is hereby waived for this project; and be it further RESOLVED, that the Southold Town Planning Board grants conditional final approval upon the plat prepared by John C. Ehlers, LS, dated as last revised May 3, 2005, subject to the following conditions: 1. Final review and approval by the Town Engineer of the Road and Drainage Plans and the bond estimate. 2. Submission of the Performance Guarantee for approval by the Town Board. 3. Submission of the Administrative Fee (amount to be determined). ✓4. Submission of the filed Declaration of Covenants and Restrictions. 5. Submission of the filed Road and Maintenance Agreement. 6. Payment of the Park and Playground Fee in the amount of$20,000. c r': 7. Submission of the curb-cut permit from the Department of Transportation. 8. Submission of 5 mylar and 8 paper plats with the Suffolk County Department of Health stamp of approval affixed to each sheet. This approval is conditioned upon the satisfaction of the above conditions within six (6) months of the date of this resolution unless an extension of time is requested by the applicant and approved by the Planning Board. Please contact this office if you have any questions regarding the above. Very truly yours, erilyn B. oodhouse Chairperson s PECONIC LAND TR ST OVP.�tc;� XJ9, 00j� a Anthony Trezza Southold Planning Department Town Hall Annex 54375 Main Road PO Box 1179 Southold, NY 11971 Re: Elysian Fields: SCTM# 1000-75-2-2 Dear Anthony: Enclosed please find a check in the amount of$500.00 for the Final Plat Application Fee and a check for$20,000.00 for the Park and Playground Fee. Sincerel en . Gr ne Senior Pr t Manager Enclosures: 2 296 HAMPTON ROAD I POST OFFICE BOx 7761 SOUTHAMPTON NEW YORK 119691 PHONE (631)283-31951 FAx (631)283-0235 www.peconiciandtrust.org PECONIC LAND TRUST June 1, 2005 Mark Terry Southold Planning Department Town Hall Annex 54375 Main Road PO Box 1179 Southold, NY 11971 4 Re: Elysian Fields: SCTM# 1000-75-2-2 Dear Mark: Enclosed please find the LWRP Consistency Assessment Form for the Proposed Conservation Subdivision of Elysian Field. Do not hesitate to contact me if you have questions or comments. Sinc ly,� 4Peri L. Gran ne Senior Project Manager Enclosure: 1 cc: Anthony Trezza w/enclosure 296 HAMPTON ROAD I POST OFFICE BOX 17761 SOUTHAMPTON NEW YORK 119691 PHONE (6;1)283-31951 FAX (6;1)283-0235 www.pe coniclandtrust.org Tovaof Southold • • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION - — SCTM# coo _ - Z _ Z JUN The Application has been submitted to(check appropriate response): Town Board ❑ Planning Dept. ® Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation,land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license,certification: ❑ Nature and extent of action: Z2 • Location of action: N Is p Pjn rv)i5;1 5Aa I�a pk a., e ,,J o✓� � Site acreage: Present land use: yjr/fi» Present zoning classification: C- 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: j� SjAn ry c LI�Q s (b) Mailing address: SOV (c) Telephone number: Area Code / �� 3 j 91-v- (d) f(d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? AI-4S Yes © No❑ If yes,which state or federal agency? D 07— DEVELOPED JDEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ®Yes No [—] Not Applicable J web i i �Q 71J'a<_lofs A"b 846. 1(4A l nr T O✓TNNsrr.D tiiy oGY� �eT4b1/ &escer Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ElYes ❑ sP No n Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III- Policies Pages 6 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable o �n 601 S� Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No IN Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria © Yes ❑ No ❑Not Applicable 1 61 Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. -Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III — Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No VLNot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastt See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No Lll Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III— Policies; Pages 38 through 46 for evaluation criteria. 1:1Yes❑ No LN-' Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No DkNot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. W Yes ❑ No❑ Not Applicable r n /g 00>e SP Ot Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No E Not Applicable BOND ESTIMATE MAJOR SUBDIVISION FOR ELYSIAN FIELDS MAIN ROAD, PECONIC SOUTHOLD SCTM# 1000-75-2-2 PREPARED APRIL 16' Stone blend road 41361.£ @ $15 $18,770 (includes grading) 8' foot diameter 8' deep pools 6 @ $210 1,260 $20,030 6%Administrative Fee 1,202_ Total $21,232 PECONIC LAND TRUST May 18, 2005 Anthony Trezza Southold Planning Department Town Hall Annex 54375 Main Road PO Box 1179 Southold, NY 11971 Re: Elysian Fields: SCTM# 1000-75-2-2 Dear Anthony: Enclosed please find two (2) copies of the survey signed by the Department of Health. Please let me know if you require additional information. Thanks. Sincerely, Peri L. Grandone ` Senior Project Manager Enclosures: 2 - - M AY 1 0� 2006 296 HAMPTON ROAD I POST OFFICE BOX 17761 SOUTHAMPTON NEW YORK 119691 PHONE (631)283-31951 FAX (631)283-0235 www.peconidandtrust.org PECONIC LAND TRUST May 9, 2005 Anthony Trezza Southold Planning Department 6`A\1 - Town Hall Annex 54375 Main Road PO Box 1179 Southold,NY 11971 Re: Elysian Fields: SCTM# 1000-75-2-2 Dear Anthony: Enclosed please find one (1) copy of the revised DOT map, four(4) copies of the revised Road and Drainage Plan, and four(4) copies of the"Final Subdivision Map of Elysian Field" for the above referenced project. Please let me know if you require additional information. Thanks. Sincere Pen L. Chandon Senior Project ager Enclosures: 9 296 HAMPTON ROAD I POST OFFICE BOX 17761 SOUTHAMPTON NEW YORK 119691 PHONE (631)283-31951 FAX (631)283-0235 ww ..peconiclandtrust.org DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this—day of_, 2005 by Merlot LLC with offices at 591A Bicycle Path, Port Jefferson,NY 11776, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the North side of Main State Road 25, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditio Cal from the Planning Board of the Town of Southold to subdivide said pro into four t , as shown on the Subdivision Map of "Elysian Fields"prepared by John C. Eh e Surveyor, last dated which map will be filed herewith in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, 3, 4 and 5, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) There shall be no further subdivision of Lots 1, 2, 3 and 4. No lot lines shall be changed unless authorized by the Town Planning Board. 2) No structure or sanitary disposal facil' oth i nrn 100 feet of the top of the wetlands. $ &5;gA4 On c Subdiuis un (rVC4 3) No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the wetland in any manner. • 4) Each lot owner is responsible for preventing runoff onto neighboring properties. 5) Prior to the commencement of any construction activity on lots 1, 2, 3, 4 and 5, a NYSDEC SPEDS General Permit must be secured and submitted. 6 7) As described in a separate Road Declaration, lot owners 1, 2, 3 and 4 shall have a mutual non-exclusive, perpetual easement over and access across the road, which is part of Lot 5, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie- into, flow through and use the utility services located on, over or under the road. 8) Direct access to and from Lot 5 to onto State Route 25 is prohibited. Access to Lot 5 shall be from the 50' wide right-of-way. 9) For turn around purposes, the extension of the road into Lots 3 and 4 will remain free from obstructions or gates that would infringe upon the use of the road. 10) No residential structures shall be constructed on Lot 5. 11) The 2.0997-acre development area within Lot 5 shall not be further subdivided. This covenant shall not preclude the construction of such structures within the development area for uses permitted by the Conservation Agreement which encumbers the entire area of Lot 5. 12) By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee therof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall nm with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF,the DECLARANT above named have executed the foregoing instrument the day and year first written above. For Merlot LLC By: RHX Corp, as sole member Herodotus Damianos, as sole member of RHX Corp, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2005 before me, the undersigned, personally appeared , 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(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public DECLARATION This Declaration ("Declaration") is made this _ day of 2005, by Merlot, LLC, hereinafter referred to as "Declarant' WHEREAS, the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 75, Block 2 , Lot 2, and WHEREAS, Declarant has made an application to subdivide said real property into five (5) lots, as shown on the Subdivision map of Elysian Fields prepared by John Ehlers Land Surveyors, and WHEREAS, Declarant desires to provide for maintenance and management of the roadway which provides ingress and egress to the subdivision lots; NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the Lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the Lots, their heirs, successors and assigns, to wit: A. ROAD DESIGN AND CONSTRUCTION The subdivision road shall be located as shown on the subdivision map and shall be of stone blend composition to a width of 50.16 feet for a distance of approximately 178.92 feet from Main Road; and narrow to a width of 16 feet for a distance of approximately1251.30 feet. The subdivision road shall be constructed in accordance with Town of Southold specifications. Title to the road shall remain with Merlot LLC, its successors or assigns with its use subject to this Declaration. B. MAINTENANCE AND MANAGEMENT OF ROAD 1. The owners of each of the subdivision lots hereby covenant and agree that Merlot LLC or its successor or assigns in interest shall manage, administer, maintain and operate the subdivision road in accordance with the provisions of this Declaration. Merlot LLC hereby agrees to provide year-round management of the road as a right-of-way in accordance with normal, customary and responsible management practices, which practices include but are not limited to: a. The routine maintenance of the road, including but not limited to, litter collection, snow removal and repair of the surface as necessary to keep the road in good and working order. b. The use of agents, subcontractors or employees deemed by Merlot LLC or its successors or assigns to be reasonably necessary to carry out the responsibilities under this Declaration. 2. Merlot LLC agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. 3. In addition to the insurance provided above, Merlot LLC shall be named an additional insured on individual homeowner policies for each of the Lots, and each homeowner shall maintain liability insurance of not less than $500,000. C. MANAGEMENT COSTS 1 . Merlot LLC, in its sole discretion, shall: a. Prepare an annual budget and apportion to the Lot Owners an equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance and repair. b. Maintain a 'Reserve Fund" for extraordinary repair and replacement of the road. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen (15) year period. c. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above described Reserve Fund, Merlot LLC may recommend a special assessment which must be approved by a simple majority of all Lot Owners. All Lot Owners so assessed shall be obligated to promptly pay the amount of the Special Assessment to Merlot LLC. D. PERMITTED AND PROHIBITED USES 1. Declarant hereby declares that the road shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: a. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without prior written consent of Merlot LLC. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or exiting from the road may be made. e. No alteration or modification of the road, once constructed, will be permitted without prior written consent of Merlot LLC and the Planning Board of the Town of Southold. E. TERMS OF PAYMENT All Maintenance Costs, Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required •to be paid within thirty (30) days after the date of the bill submitted by Merlot LLC. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty (30) days after notice of violation is given by Merlot LLC, then Merlot LLC shall have the right and power to enforce by any proceeding at law or in equity, all the terns of this Declaration. F. MISCELLANEOUS 1. Merlot LLC, its successors and assigns hereby make a continuing offer of dedication of the road to the Town of Southold which the Town may formally accept in the event one or more of the following events occurs: a. The conditions for acceptance of the offer of dedication of the road set forth in the Resolution of Conditional Final Approval for the Elysian Fields subdivision adopted by the Town of Southold Planning Board on b. That the road is in a state of disrepair and remains in that state for a period of 120 days after receipt of written notice from the Town of Southold, C. If real property taxes remain unpaid and the road or a parcel including the road is sold at a real property tax sale. 2 . That these covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state or federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. 3 . If any section, subsection, paragraph, clause, phrase, or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 4 . The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 5 . The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. 6 . If Merlot LLC or its successors or assigns fails to meet its obligations with regards to the terms of this Road and Maintenance Agreement, the Declaration may be enforced by the Town of Southold against Merlot LLC, its successors, assigns, or the individual lot owners. 7 . All notices required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed effective when mailed. B . In the event that the Declarant is no longer in title to any portion of the subdivision, then, in that event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. IN WITNESS WHEREOF, the Declarant has executed this Easement and Declaration the day and year first above written. Declarant: FOR MERLOT LLC: Herodotus Damianos STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the day of in the year 2005 before me, the undersigned, a Notary Public in and for said state, personally appeared Dr. Herodotus Damianos, 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 executed the same in his capacity and that by his signature on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public • STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 SUBIMAL CHAKRABORTI, P.E. _ _JOSEPH H. BOARDMAN REGIONAL DIRECTOR F `.. I I � rOMMISSIONER April 8, 2005 APR 13 2005 Ms. Peri L. Youmans, Senior Project Manager Peconic Land Trust 296 Hampton Road P.O. Box 1776 �- Southampton,New York 11969 Your March 30, 2005 Submission Proposed Subdivision for Elysian Fields Merlot,LLC Site Plans Dated 8/4/04, Last Revision 2/28/05 Route 25, Southold SCTM# 1000-75-2-2 Our Case No. 04-220P Dear Ms. Youmans: 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: 1. In recent years, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, separate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore, that cross access to this site be obtained from adjacent properties. If this is not presently possible, it should be shown on the plans for implementation as part of future redevelopment. Cross access to the west should also be addressed. 2. The point that the driveway radius meets the Route 25 travel lane (white edge line) shall be offset from the property line a minimum of five (5) feet. While the plans note that this requirement has been fulfilled, it appears that the driveway radius may have been reduced to accomplish this. The plans still note a thirty-four (34) foot radius; however, the plans do not show that. The driveway radius must be a minimum of thirty-four (34) feet and the property line offset must also be met. Please make sure this issue is satisfactorily addressed with your next submission. 3. Please revise the plans to show any proposed interior curb terminating to zero reveal at the right-of-way line. 0d/'2/2na5 22:e? S312P4U71I PECONIC '_AND TPUST PAGE 01� PECONIC LAND TRUST 296 Hampton Road,PO Sor 1776,Soathsmpton,NY 11%9 Phony (631)2!3-3195 Fax: (631)201-0711 �g;[7�ANC11A7ccinly �� DATE : Y TO: FROM:, F'AXNO: RE: NUMBER OF'PAGES INCLUDING THIS COM SHEET: MUSA(;& 5e e I APR 1 3 2005 gE�OIVIC��T PRO ��r nrro v.� ff YOU DO NOT RECEIVE ALL OF THE PAGES NDICATgp.PLEASE CALLAS -- --- . RB (�DABOVB. THIS TRANSMISSION CONTAINS B. LEASERMATCA THAT IS ON AS POSMLB AT TIM NLMER PRIYR.PJJED. tf 2 RPIMED FOR USE ONLY BY THE PERSON T+7 WHOM IT IS ENTLAL ANWOR LSOALLY ARRANED THIS TPa,BgpPY IN ERROR, PLEASE NOTIFY US BY TELEPHONEMMEDL&TELYRSCM, 9, Y 1VB HAVE CAN ARRANG9 FOR THE R6ILRN OF THE')OCLMM3TOIF AT NO CORT TO YOU, So 0411?'2F'05 �� �3i'i040'i.I PEGONI-' LAND PUST PAGE 02 • • �6 5.3�3b RECENED JWAPR 13 2005 STATE OF NEW YORK PECONIC LAND TRUST, INC. DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL.. HIGHWAY HAUPPAUGE, N.Y. 11789-5518 SURIMAL LWAKRASORTI. P.E. JOSEPH H. 00AROMAN FESIUNAL DIRECTOR COMMISSIONER April ti,2005 Ms. Peri L. Youmans, Senior Project Manager Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampt^n,New York 11969 Your March 30ti2C05 Submission Prone, ed Suadivisiori far Eivsian Fiakis.Merlot.LLC ite Plans Dated 8/4,04,Last Revision 2/28/05 Rout-,25 Sguthold SCTM# 1000-75-2-2 Our Case No. Dear Ms. Youmans: 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 aad issuance of a New York State Highway Work Permit,the following items must be addressed: 1. In recent years, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, separate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore, that cross access to this site be obtained from adjacent properties. If this is not presently possible, it should be shown on the plans for implementation as part of future redevelopment. Cross access to the west should also be addressed. 2. ':'he point that the driveway radius meets the Koute 25 travel lane (white edge line) shall be offset from the property line a minimum of five (5)feet. While the plans note that this requirement has been fulfilled,it appears that the driveway radius may have been reduced to accomplish this. The plans still note a thirty-four (34) foot radius; however, the plans do not show that. The driveway radius must be a minimum of thirty-four(34) feet and the property line offset must also be met. Please make sure this issue is satisfactorily addressed with your next submission. 3. Please revise the plans to show any proposed interior curb temtinating to zero reveal at the right-of-way line. 6)4/12+'2695 «:43 63120146711 FECUNIC i_AP:D TRUST PAGE 03 Ms. Peri L.Youmans April 8,2005 Page 2 Site plan approval for highway work permit issuance is contin fent upon our receipt of all of the following items within six(6)months of the date of this letter and no further revisions are made to the plans once we approve them. If the Highway Work Permit will be secured by anyone other than the property owner, i.e. contractor,the applicant must provide a signed letter from the property owner stating the applicant is authorized to act on behalf of the property owner in this matter. The letter must also include the property owrter's mailing address and telephone number. Kindly submit five(5) sets of the revised plans, permit fee and surety bond(sample enclosed). It is also mandatory that protective liability insurance be pinided by the permittee. This must be accomplished by submitting a completed Perm 17, Certificate of Insurance form. Also enclosed is a Highway Work Permit Application to be completed and returned to us. The application, completed.Perm 17 and the Surety Bond must be secured by the same party. All checks issued to the State of New York must show a Fed.-ral Identification Number. Permit Fee(Payable to "State of New York"):$900.00 Bond Amount:$10,000.00 Insurance Fee:Perm 17 Questions concerning this matter should be directed to Mr. Mark Wolfgang at (631) 952-7973. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence. Thank you for your cooperation concerning this matter. Verytndy yours, SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety Attachments cc: Mr. Peter Harris, Superintendent of Highways,Town of Southold Ms. Valerie Scopaz,Planning Director,Town of Southold Mr. Mark Terry, Town of Southold SAS:MW:DW • MAILING ADDRESS: PLANNINBOARD' MEMBERS �OODHOUSEo�apF SO(/Tyolo Southold,,ox 1179 JERIL11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS H ac Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 IN H.SIDOR D SOLOMON ����' (eor.Main Rd. &Youngs Ave.) GEORGE oum Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2005 Ms. Peri L.. Grandone Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Conservation Subdivision of Elysian Field Located on the n/s/o State Route 25, approximately 545 feet west of Maple Avenue, in Southold SCTM#1000-75-2-2 Zoning District A-C Dear Ms. Grandone: The Southold Town Planning Board, at a meeting held on Monday, April 11, 2005 adopted the following resolution: WHEREAS, this proposal is to subdivide a 37.85 acre parcel into 5 lots where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was gifted to the Peconic Land Trust and includes a 2.09 acre building envelope; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the map dated as last revised July 23, 2004; and WHEREAS, the Southold Town Planning Board granted conditional preliminary approval by resolution, dated October 5, 2004, on the map dated as last revised August 13, 2004; and WHEREAS, the applicant has requested an extension of time for preliminary plat approval by letter, dated March 14, 2005; be it therefore RESOLVED, that the Southold Town Planning Board grants an extension of time for preliminary plat approval from April 5, 2005 until October 5, 2005. Please contact this office with any questions. Very truly yours, �. Jerilyn B. Woodhouse Chairperson • MAILING ADDRESS: PLANNING BOARD MEMBER ��Of Sl7!/lyo P.hold, 1179 So 11971 JERILYN B.WOODHOUSE Chair 41 OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS ,O 54375 State Route 25 MARTIN H. SIDOROly ,M �1 (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMON C�UIY I`�� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2005 Ms. Peri Grandone, Senior Project Manager Peconic Land Trust 296 Hampton Road Southampton, NY 11969 Re: Subdivision of Elysian Fields Located on the north side of State Route 25, approximately 545 feet west of Maple Avenue, in Southold SCTM#1000-75-2-2 Zoning District: A-C Dear Ms Grandone: Please include the following information with your final application for subdivision approval : Revisions to the Declaration of Covenants and Restrictions 1. Add the following right-to-farm clause: "By this Declaration future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. " 2. Add the following statement: 'The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof." 3. Clause No. 10 shall be revised to read, 'The 2.0997-acre development acre within Lot 5 shall not be further subdivided. This covenant shall not preclude the construction of such structures within the development area for uses permitted by the Conservation Agreement which encumbers the entire area of Lot 5." 4. Please add a clause that states, "No residential structures shall be constructed on Lot 5." Revisions to the Road and Maintenance Agreement 1. A clause needs to be added which states that if Merlot LLC or its successors fails to meet its obligations of the Road and Maintenance Agreement, the Declaration may be enforced by the Town of Southold against Merlot LLC, its successors or the individual lot owners. Revisions to the Subdivision Map 1. The 16'-wide road within the right-of-way needs to be depicted on the map. 2. The map title should read "Final Subdivision Plat of Elysian Fields." In addition to the above-mentioned revisions to the legal documents, the following items are needed before the Planning Board issues final approval for the project. 1. Final Plat Application Form (enclosed) with Fee of $500. 2. Bond Estimate for the road and drainage improvements. 3. Final Maps with above-mentioned revisions and Health Department Stamp of Approval. 4. Payment of the Park and Playground Fee of $20,000 ($5000 per lot). If you have any questions or require further assistance, please feel free to contact the undersign n SionyP rezza Senior Planner Enc. PECONIC LAND TRUST _ x� April 6, 2005 Anthony Trezza Southold Planning Department Town Hall Annex 54375 Main Road PO Box 1179 Southold,NY 11971 Re: Elysian Fields: SCTM# 1000-75-2-2 Dear Anthony: Enclosed please find four(4) copies of the Road and Drainage Plan for the above referenced project. Please let me know if you require additional information. Thanks. Since Peri L. Gran e Senior Project Manager Enclosures: 4 i APR I 296 HAMPTON ROAD I POST OFFICE BOX 1776 1 SOUTHAMPTON NEW YORK 119691 PHONE C631)283-31951 FAX C631)283-0235 w .peconiclandtrust.org • 10MAILING ADDRESS: L PANNING BOARD MEMBERS �WOODHOUSEo�1OF SO/%���� Southold,P.O. Box 1179JERIL11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON Mum Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Patricia Finnegan, Town Attorney From: Anthony Trezza Senior Planner Date: March 28, 2005 Re: Draft Covenant and RestOrictions for Elysian Fields 1000-75-2-2 Please review the Draft Covenants and Restrictions as well as the Road and Maintenance Agreement for the above-captioned subdivision and let me know of any necessary changes as soon as possible. Thank you. Enc. �RJ/12/260� 531^2@40711 PECONIC LAND TRUST PAGE 91 r • 298 Hampw Rcad P O.8rx 1'76a a Souftmptm NV 11969 Tmst 631.2833195 Fax: 031-204-0711 l� TO: Anthony Trezza From: Peri Grandone Fina 765.3136 Pages 2, ind. cover Phamvote: 3/14/05 Rw.. Elysian Flelds/Medot LLC cc: 0 urgant For RaWew Please Comment Memo Reply Flame Raeyele Hi Anthony.T am faxing over a request for an extension on the Preliminary Approval. Z will not put a hard copy in the mail unless instructed. Do you have any idea when the DOT plan will be reviewed? Thanks, Peri MFR X02 12 ?c 26:2'2 5312740711 PE30NIC LAND TRUST PAGE 02 • i PECONIC LAND TRUST March 14,2005 The Honorable Bennett Orlowski,Jr. Town of Southold Planning Board 53095 Main Road PO Box 11.79 Southold,NY 11971-0959 Re: Elysian Fields proposed 5-lot sulxiivision Dear Chairman Orlowski: The Peconic Land Trust, as agent for Elysian Fields, respectfully requests an extension from the Planning Board for the above-referenced project's Preliminary Approval which is due to expire on April 4, 2005. Should you have any questions or need additional information, please contact me at(63 1) 283-3195 ext. 27. Thank you in advance for your approval,of this matter. Sin7I ' . Peri L. Crandon Senior Project ger cc: Dr. Herodotus Damianos _-- MAP. _. _ - 296 H.AMProti Rn4D RpAT 9rT1CC TtOx I7.ni FOI;TF7,nMPTQJ.`( NCS"7 YOftK 1776 '"rl-IONT (60)283 3'.45 I Pox ('60f)20w-0777 rww.v.itecunirinniltr.rsc.pt'ti _._.. 5:' 6'2U49711 PECONIC !ANP TRUST PACE 01 PECONIC LAND TRUST 2%Hampton Road,PO Sox 1776,Southampton,NY 1.1969 Phone: (631)283-3195 Fax: (631)204-0711 2 FAX T72ANSMIS. ION OVER SH RT DATE : 3)8 )qs TO: 0/y, FROM: FAX NO: 7�O 31 U, f i C RE: A I& NUMBER OF PAGES INCLUDING THIS COVER SHEET: Z� MESSAGE: . 1 PECONIC LAND'FRUST—PJO-EECT OUR HERITAGE IF YOU DO NOT RECEIVE ALN.OF THE PAGES INDICATED,PLEASE CALL AS SOON AS POSSIBLE AT THE NUMBER REFERENCED ABOVE. THIS TRANSMISSION CONTAINS INPORMATION THAT IS CONPIDENTTAL AND/OR LEGALLY PRIVILEOED. IT IS INTENDED FOR USE ONLY BY THE PERSON TO WHOM IT 15 DIRECTED. IF YOU HAVE RECEIVED THIS T'EI.ECOPY IN ERROR. PLEASE NOTIFY US BY TELEPHONE IMMEDIATELY So THAT WE CAN ARRANGE FOR THE RETURN OF THE DOCUMENTS TO US AT NO COST TO YOU. 03/02/2004 01:53 5312040711 PECCNIC L40 TRUST PAGE 02 t MpR-3-2025 12:55 PgpMa30EFLFJ25 631 369 8287 jokp48711 P.111 I \ t \ I I / I I / i 0 � I 02128/200 ' 00:50 53:.20407'_1 PECONIC LAND TPUST PAGE 01 266 Hampton Road P.O.BM'776 Peconic Land Trust SWftnipton,NY 119% 631-283-3166 Fac; 631-2040711 Fax To AnthonyTrezza Lamm: Peri Grandone Fax 710 5 - 3 3 6 raaeaia 6, including cover CC: Mark Terry Deter 2/28/05 RS: Elysian Fields x Uiyatt For Revlew Flews Coin W xPlew Reft Please Raeycle Please see the latest recommendations from the DOT and in particular 42 in which the AOT says that the common drive must be moved a minimum of 5 feet from the property line of Dimello. If we shift the driveway west 5 feet we will be in the agricultural development area.Is there any way to reduce the si7o of the common drive by 3 feet?What do you suggest? Thanks. Pen�C3rand c --� MAR - ' 2005 S11 104L171.1 PECONSC LAND TPUST PA5E 02 RECIFIVED FEB 2 2 C"0 PECONIe LAirII ;1,J""i. IvC. STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUrrAUGE, N.Y. i 1788-5518 SUSIMAL CMANRARORTI, P.E. JOSEPM N. OOARGMAN REGIONAL DIRECTOR COMMISSIONER February 14, 2005 Ms. Peri L. Youmans,Senior Project Manager Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, New York 11969 Your February 2.2005 Submission Pr000sod Subdivision for 13 lysian 15e ds.Merl QL LLC Site Plans Dated 8/4/04,Last Revision 1/31105 Route 25, Southold SCTMIt 1000-75-2-2 Our Case No. 04-220P Dear Ms.Youmans: This is in regard to the site plans for the referenced project which were submitted to us for review. The submAmed plans must address full build out of the site. We made this comment in our 11/24/04 letter to you and it has not been addressed by this submission. In order for us to insure that all traffic mitigation is being addressed full build out of the site shall be presented for our 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: 1. In recent years, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, separate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore, that cross aecess to this site be obtained from adjacent properties. If this is not presently possible, it should be shown on the plans for implementation as part of future redevelopment. We made this comment in our 11/24/04.letter to you, and it has not been addressed by this submission. 2. The point that the driveway radius meets the Route 25 travel lane(white edge line) shall be offset from the property line a minimum of five (5)feet.We made this comment in our IV24/04 letter to you and we sent you a diagram which provided guidance in this matter. Please make sure this item is satisfactorily addressed with your next submission. 02/23/23gc 00:54 5312045711 PECDZC LAND TRUST PAGE 93 Ms.Peri L.Youmans February 14,1005 Page 2 3. The driveway section on the plans shall be revised to show fall depth asphalt pavement as follows: Top Course 1.5" item 402.098301M&Item 402.098311 M Binder Course 2.5" Item 402.1.98901M&Item 402,199911M Base Course 6" Item 402.378901M&Item 402.378911M Subbase Course 6" Item 17304.1011 4, All items from the site plan requirements checklist that we previously sent to you shall be addressed with your next submission. 5. A note shall 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. 6. The plan must include the note 'Repair existing shoulder, sidewalk and curbing as ordered by State Engineer." 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, ZHAIK A. SAAD,P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. peter Hams, Superintendent of Highways,Town of Southold Ms. Valerie Seopaz,Planning Director,Town of Southold Mr. Mark Terry,Town of Southold SAS:MW:DW u a Driveway Width W=24 ft 7.32 m Rz 34.0ft (10.36m) R, = 34.0ft (10.36 m) G • D2 C, D, J V ri Z V ' aj\ 9.75m Y2 Y, � 32.0 ft 32.0 ft 9.75 m R, 927 e =gotC' b or Ed a of Shoulder s A, Si X2=22.5 ftX,=22.5 ft Travel Lane Edge LN (6.86 m) (6.86 m) Refer to Table 2 for design values for corner angles other than 90 degrees Refer to Chapter 4.1.1 for description of design features 1:200 m CJ N 0 ro m ro FIGURE 2 DRIVEWAY LOCATION STMDARDS All dimensions shown are minimum standards r N PROPERLY PROPERTY LINE RIGHT OF-WAY LINE LIVE I COMMERCIAL.PROPERTY PAVEbiENTEDGE RESLDEIVTTAL PROPERLY i TRAVEL LANE EDGE f ' — — — -RIGHT-OF-WAY LINE — — — B V15 B BBM 75' 30's� 2W+15'9.La 5M 2Z.9m �!9.1 m1 ZW+4.bm PAVEAffiFf$DOE Z7R:ALLED+ I 0314 ERL-EVE — — STATE HIGHWAY Refer to Chapter 4.1 for description of design features and location requirements n cn PECONICLAND TRUST - _ . PAaE _@6 -- -- ` \ r \ 3 A 1 \ Q , r s' l 4 OVA STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 SUSIMAL CHAKRABORTI, P.E. JOSEPH H. BOARDMAN REGIONAL DIRECTOR COMMISSIONER February 14, 2005 FEB 23 � Ms. Peri L. Youmans, Senior Project Manager J - d Peconic Land Trust Town 296 Hampton Road P.O. Box 1776 - — Southampton,New York 11969 Your February 2, 2005 Submission Proposed Subdivision for Elysian Fields Merlot LLC Site Plans Dated 8/4/04, Last Revision 1/31/05 Route 25, Southold SCTM# 1000-75-2-2 Our Case No. 04-220P Dear Ms. Youmans: This is in regard to the site plans for the referenced project which were submitted to us for review. The submitted plans must address full build out of the site. We made this comment in our 11/24/04 letter to you and it has not been addressed by this submission. In order for us to insure that all traffic mitigation is being addressed full build out of the site shall be presented for our 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: 1. In recent years, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, separate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore, that cross access to this site be obtained from adjacent properties. If this is not presently possible, it should be shown on the plans for implementation as part of future redevelopment. We made this comment in our 11/24/04 letter to you and it has not been addressed by this submission. 2. The point that the driveway radius meets the Route 25 travel lane (white edge line) shall be offset from the property line a minimum of five (5) feet. We made this comment in our 11/24/04 letter to you and we sent you a diagram which provided guidance in this matter. Please make sure this item is satisfactorily addressed with your next submission. Ms.Peri L. Youmans February 14,2005 Page 2 3. The driveway section on the plans shall be revised to show full depth asphalt pavement as follows: Top Course - 1.5" - Item 402.098301M & Item 402.098311M Binder Course - 2.5" - Item 402.198901M & Item 402.198911M Base Course - 6" - Item 402.378901M & Item 402.378911M Subbase Course - 6" - Item 17304.1011 4. All items from the site plan requirements checklist that we previously sent to you shall be addressed with your next submission. 5. A note shall 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. 6. The plan must include the note "Repair existing shoulder, sidewalk and curbing as ordered by State Engineer." 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. Yery truly yours, , f-;,i SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: r. Peter Harris, Superintendent of Highways, Town of Southold A. Valerie Scopaz, Planning Director, Town of Southold Mr. Mark Terry, Town of Southold SAS:MW:DW STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 SUBIMAL CHAKRABORTI, P.E. .JOSEPH H. BOARDMAN REGIONAL DIRECTOR 1 COMMISSIONER `"n 0 "�1. Li a ' February 14, 2005 2 3 2005 pp Ms. Peri L. Youmans, Senior Project Manager v ( J Peconic Land Trust 296 Hampton Road "- P.O. Box 1776 Southampton,New York 11969 Your February 2, 2005 Submission Proposed Subdivision for Elysian Fields Merlot LLC Site Plans Dated 8/4/04, Last Revision 1/31/05 Route 25, Southold SCTM# 1000-75-2-2 Our Case No. 04-220P Dear Ms. Youmans: This is in regard to the site plans for the referenced project which were submitted to us for review. The submitted plans must address full build out of the site. We made this comment in our 11/24/04 letter to you and it has not been addressed by this submission. In order for us to insure that all traffic mitigation is being addressed full build out of the site shall be presented for our 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: 1. In recent years, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, separate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore, that cross access to this site be obtained from adjacent properties. If this is not presently possible, it should be shown on the plans for implementation as part of future redevelopment. We made this comment in our 11/24/04 letter to you and it has not been addressed by this submission. 2. The point that the driveway radius meets the Route 25 travel lane (white edge line) shall be offset from the property line a minimum of five (5) feet. We made this comment in our 11/24/04 letter to you and we sent you a diagram which provided guidance in this matter. Please make sure this item is satisfactorily addressed with your next submission. Ms. Peri L. Youmans February 14,2005 Page 2 3. The driveway section on the plans shall be revised to show full depth asphalt pavement as follows: Top Course - 1.5" - Item 402.098301M & Item 402.098311M Binder Course - 2.5" - Item 402.198901M & Item 402.198911M Base Course - 6" - Item 402.378901M & Item 402.378911M Subbase Course - 6" - Item 17304.1011 4. All items from the site plan requirements checklist that we previously sent to you shall be addressed with your next submission. 5. A note shall 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. 6. The plan must include the note "Repair existing shoulder, sidewalk and curbing as ordered by State Engineer." 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, G Gy SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold Ass. Valerie Scopaz, Planning Director, Town of Southold . Mark Terry, Town of Southold SAS:MW:DW �gOFFO(,(Qo MAILING ADDRESS: PLANNING BOARD MEMBERS ��0 P.O. Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Chair OFFICE LOCATION: Z RICHARD CAGGIANO 'F Town Hall Annex WILLLIAM J.L.EDWARDS .( ���� 54375 State Route 25 KENNETH MARTIN H.EDW SIDR (cor. Main Rd. &Youngs Ave.) Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 14, 2004 Ms. Peri L. Grandone c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: '3roposed Conservation Subdivision Elysian Field Located on the north side of Main Road, approximately 545 feet west of Maple Avenue, in Southold SCTM#1000-75-2-2 Zoning District A-C Dear Ms. Grandone: The Southold Town Planning Board, at a meeting held on Monday, December 13, 2004, adopted the following resolution: WHEREAS, this proposal is to subdivide a 37.85 acre parcel into 5 lots where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was gifted to the Peconic Land Trust and includes a 2.09 acre building envelope; and WHEREAS, the Southold Town Planning Board received comments from the Suffolk County Planning Commission on November 12, 2004 and reviewed said comments at their Work Session on November 15, 2004; and WHEREAS, the Suffolk County Planning Commission approved the subdivision map subject to the conditions that the most landward limit of the freshwater wetlands be flagged by a qualified expert, verified by the appropriate regulatory agency and said information to be depicted on the subdivision map and that the proposed 25' common driveway be replaced by a 50' right-of-way for future dedication to the Town; and WHEREAS, the Planning Board finds that the wetlands delineation information requested by the Commission is, in fact, already shown on the plan and has been verified by the Planning Staff; and r • • 1 Elysian Field — Page Two — 12/14/04 WHEREAS, the Planning Board finds that, given the reduced density of development and in consideration of the preservation component of this subdivision, the proposed 25' wide right-of-way will provide safe and adequate access to the lots; therefore, be it RESOLVED, that the Southold Town Planning Board hereby over-rides the Suffolk County Planning Commission's condition that the proposed common driveway be replaced with a 50' wide right-of-way for future dedication to the Town. Please contact this office with any questions. Very truly yours, ?erilyn B�Woodhouse Chairperson STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 SUBIMAL CHAKRABORTI, P.E. JOSEPH H. BOARDMAN REGIONAL DIRECTOR COMMISSIONER November 24, 2004 Ms. Peri L. Youmans, Senior Project Manager ILI Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, New York 11969 -� Your October 5 20 4 S misol9�'� "'1 Proposed Subdivision for El si er of LLC Site Plans Dated 8/4 Last Revision 9/3/04 Route 25, Southold SCTM# 1000-75-2-2 Our Case No. 04-220P Dear Ms. Youmans: This is in regard to the site plans for the referenced project which were submitted to us for review. We were able to provide some level of review, however, in order for us to insure that all traffic mitigation is being addressed full build out of the site shall be presented for our 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: 1. In recent years, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, separate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore, that cross access to this site be obtained from adjacent properties. If this is not presently possible, it should be shown on the plans for implementation as part of future redevelopment. 2. All Route 25 pavement markings shall be shown on the plans. 3. The driveway radius shall be increased to thirty-four(34) feet. Please refer to the attached diagram for guidance in providing the correct design of the proposed access. 4. The point that the driveway radius meets the Route 25 travel lane (white edge line) shall be offset from the property line a minimum of five (5) feet. Please refer to the attached diagram for guidance. Ms. Peri L.Youmans November 24,2004 Page 2 5. Full depth shoulder reconstruction for the entire width of the driveway plus twenty-five (25) feet on each side of the driveway is required. Please show the limits of this work on the plans and include a detail referenced to NYSDOT specification item numbers as follows: Top Course - 1.5" - Item 402.098301M& Item 402.098311M Binder Course - 2.5" - Item 402.198901M & Item 402.198911M Base Course - 6" - Item 402.378901M&Item 402.378911M Subbase Course - 6" - Item 17304.1011 6. The Driveway section on the plans shall be revised to show full depth asphalt pavement as indicated in comment 5. 7. The plans note "proposed curb as per NYSDOT contract", however, our construction contract D259518M does not have any provisions for curb along this property frontage. We will not require any curb along the property frontage as part of this permit application. Please revise the plans to show any proposed interior curb terminating to zero reveal at the right-of-way line. 8. The plans must include the note "All permitted activity must be coordinated with the Engineer-In-Charge (E.LC.) of NYSDOT construction project D259518M to prevent M.P.T. and scheduling conflicts. The E.I.C. of this project, Mr. Joe Ludwig, shall be contacted at(631) 734-7590 prior to commencing any work. 9. A driveway profile or on site elevations, including elevations at the State highway right- of-way line, shall be shown on the plans to insure that all drainage is contained on site since we do not permit runoff from property onto our State highways. 10. A note shall be added to the plans stating which consecutive reference markers the site falls between or the reference markers shall be shown on the plan. 11. Any utility work proposed in State Highway right-of-way will require separate application and submission of plans (installation details, restoration details and Maintenance and Protection of Traffic plan - all referenced to NYSDOT specification item numbers and the Manual of Uniform Traffic Control Devices) to our Riverhead Maintenance facility. The applicant may contact Mr. Kevin Matthaei at (631) 727-1731 for further directions regarding Utility Highway Work Permit (HWP)applications. The applicant should be made aware that utility HWP issuance is subject to issuance of the HWP required for site work. Please submit four(4) sets of revised plans. 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. Ms. Peri L. Youmans November 24,2004 Page 3 Thank you for your cooperation concerning this matter. Very truly yours, Gitna! JlUiied, By SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety Attachments cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold Ys. Valerie Scopaz, Planning Director, Town of Southold r. Mark Terry, Town of Southold SAS:MW:DW • �%UFF01 PLANNING BOARD MEMBERS MAILING ADDRESS; H yy P.O. Box 1179 JERILYN B.WOODHOUSE O Southold, NY 11971 Chair N RICHARD CAGGL4N0 OFFICE LOCATION: Town Hall Annex EDWAR WILLIAM J. S ��� 54375 State Route 25 KENNETH L.EDWARDS '� * �` (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR B8 Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE November 15, 2004 TOWN OF SOUTHOLD Peri L. Grandone Peconic Land Trust 296 Hampton Road, PO Box 1776 Southampton, NY 11969 Re: Proposed Subdivision of Elysian Fields Located on the north side of Main Road, approximately 545 feet west of Maple Avenue in Southold SCTM#1000-75-2-2 Zoning District: A-C Dear Mrs. Grandone : Enclosed, please find one copy of the correspondence from the Suffolk County Planning Commission dated November 3, 2004. The Town of Southold Planning Board discussed the Commission's comments at the November 15th work session. The Commission is requesting that the wetlands be delineated by a qualified expert, subject to verification by the appropriate regulatory agency. However, as stated on the subdivision map, Bob Fox of Sea Level Mapping delineated the edge of wetlands on July 22, 2004. Through field inspections and use of aerial photography, the wetlands have been verified by this office. The Planning Commission is asking for a 50' wide right-of-way to replace the proposed 25'wide common driveway. However, the Planning Board finds that the proposed access is suitable to serve the four residential lots in this subdivision. The only portion of the right-of-way that needs to be redesigned is the turn-around. As previously stated to the applicant, the turn-around needs to be re-located so that it bisects the property line separating Lots 3 and 4. Essentially, the turn-around needs to be flipped so that it is located on the lots and not within the reserved area. In addition, please remove the term "common driveway"from the map and add the term "right-of-way" If you have any questions, please feel free to contact this office. r nthony P rezza Senior P anner • COUNTY OF SUFFOLK• /`47- 1115 STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLAN NING- November 3,2004 Ms. Jerilyn B. Woodhouse Jr., Chair Town of Southold Planning Bd. 53095 Main Road-P.O. Box 1179 Southold,NY 11971 Seutho�d lo,im Re: Map of Elysian Fields SCC File No.: S-SD-04-04 SCTM No.: 1000-75-2-2 Dear Ms. Woodhouse: Pursuant to the requirements of Section A14-24 of the Suffolk County Administrative Code, the / Suffolk County Planning Commission on October 6,2004 reviewed the above captioned application and after due study and deliberation resolved to approve it subject to the following conditions: ■ The most landward limit of the freshwater wetland shall be flagged in the field by a qualified expert,verified by the appropriate regulatory agency and shown on all surveys,maps,plans,plats or sketches. ■ The subdivision map shall be redrawn so that the proposed common driveway easement is replaced with a 50 ft.wide right-of-way designed to provide safe vehicular access to all lots. This right-of-way may be improved with a country lane or common driveway that is designed to accommodate vehicles entering and leaving the property at the same time. Comment: The Commission is concerned that the winery will take access from this right-of-way and should be designed accordingly. Very truly yours, Thomas Isles, AICP Director of Planning Theodore R. Klein Senior Planner TRK:cc GdCCHORN 9SUBDMCOMISHLnCOM2004\NOV SD04-04.NOV LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR • P. 0, BOX 5100 • (63 U 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 1 1 788-0099 TELECOPIER(63 1)853-4044 COUNTY OF SUFFOLK MS STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, A.1.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING- November 3, 2004 = n I FFI \' 1Ms. Jerilyn B. Woodhouse Jr., Chair Town of Southold Planning Bd. 53095 Main Road-P.O. Box 1179 Southold, NY 11971 Re: Map of Elysian Fields �— SCC File No.: S-SD-04-04 SCTM No.: 1000-75-2-2 Dear Ms. Woodhouse: Pursuant to the requirements of Section A14-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on October 6,2004 reviewed the above captioned application and after due study and deliberation resolved to approve it subject to the following conditions: ■ The most landward limit of the freshwater wetland shall be flagged in the field by a qualified expert,verified by the appropriate regulatory agency and shown on all surveys,maps,plans,plats or sketches. ■ The subdivision map shall be redrawn so that the proposed common driveway easement is replaced with a 50 ft.wide right-of-way designed to provide safe vehicular access to all lots. This right-of-way may be improved with a country lane or common driveway that is designed to accommodate vehicles entering and leaving the property at the same time. Comment: The Commission is concerned that the winery will take access from this right-of-way and should be designed accordingly. Very truly yours, Thomas Isles,AICP Director of Planning Theodore R. Klein Senior Planner TRK:cc G:\CCHORNYISUBDMCOMISHLTCOM2004\NOV)SD04-04.NOV TION MAILING ADDRESS DENNISON BLDG. -4TH FLOOR ■ P. 0. BOX 6100 • (631) 853-5190 ILRANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(63)) 853-4044 \ 19%12%29?3 .=:C° 032_2949711 PECONIC LANZ TPl1GT PAGE 91 296 Hampton Rand P.O.BOX 1776 Southampton,NY 11069 Peconic • Trust 621-253.3195 Fax: 331406-0711 Fax To, Anthonyrezza y Prom. P en Grandone pax; 765-3136 P•tges, 3, incl. cover MMMIN not m 10/13/04 Mel Elysian Flelds/Medot LLC CCE 0 Urgent Per Review Please Comment xPlasse Reply Plsese Recycle Hi Anthony. I am fazing over a copy of tho lettcr from Al Krupsld on behalf of the Tmstees in which they determine the current scope of the project to be out of their juuisdiction. Also, I need to know what a SPFDS permit is. It is one of the requirements in the latest resolution. Thanks. Peri 0 ^ 1 ^ �- 19/122993 2=:98 6312649711 PECONIC LAND TRUST PAGE 62 #* EC Albert J.Rrupski, President Town F1s11 James Kir4l,Vioe-ProsidentEC EIV ED63095 Route 25 Artie Foster P.O.Box 1179 Ken Po)iwodcOCT 1 2 8GKold,New York 11971-0959 PgwxyA Dickerson 1 ne(631)766-1892 ONIC LAND TRU�Ti ({631)765.1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 8, 2004 Peri L. Grandone Peconic Land Trust 296 Hampton Road, R0. Box 1776 Southampton, NY 11969 RE: PROPOSED MAJOR SUBDIVISION ELYSIAN FIELD/MERLOT Dear Ms. Grandone: The Southold Town Board of Trustees reviewed the survey prepared by John C. Ehlers last dated July 23, 2004 and determined the proposed Major Subdivision of Elysian Field/Merlot be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Cade. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97)and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as Indicated above, without a permit. It Is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination Is not a determination from any other agency. If you have any further questions, please do not hesitate to rail. 10!'_220�3 RE' ^3L 20t�VrTI� PECCMIC LAND FRUST PAGE 03. 0 2 Sincerely, Albert J. Krupski, Jr,, Pre an Board of Trustees AJK: het Alberti. Krupski, President O�pSUFFO(�CO James King, Vice-President �`Z` r& Town Hall Artie Foster 53095 Route 25 Ken Poliwoda Z P.O.Box 1179 Southold, New York 11971-0959 Peggy A. Dickerson y�01 �a0 Telephone(631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD October 8, 2004 Peri L. Grandone p C� (� p Peconic Land Trust D 296 Hampton Road, P.O. Box 1776 Southampton, NY 11969 OCT - 8 2004 RE: PROPOSED MAJOR SUBDIVISION Southold Town ELYSIAN FIELD/MERLOT Flanning3oarA Dear Ms. Grandone: The Southold Town Board of Trustees reviewed the survey prepared by John C. Ehlers last dated July 23, 2004 and determined the proposed Major Subdivision of Elysian Field/Medot be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. r ' 0 PLANNING BOARD MEMBE� ���OgpFFO(,�coG JERILYN B.WOODHOUSE y� P.O. Box 1179 Chair oTown Hall, 53095 State Route 25 Go Z Southold, New York 11971-0959 RICHARD CAGGLANO D Telephone (631) 765-1938 KENNE'H L. EDWARDS J.CREMERSy�0( �� Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 5, 2004 Ms. Peri L. Grandone Peconic Land Trust 296 Hampton Road Southampton, NY 11969 Re: Proposed Major Subdivision of Elysian Field Located on the north side of Main Road, appro*/nately 545 feet west of Maple Avenue:, in Southold /' SCTP #1000-75-2-2 Zoning District A-C Dear Ms. Grandone: The Southold Town Planning Board, at a meeting held on Monday, October 4, 2004, adopted the following resolution: The public hearing was closed. WHEREAS, this proposal is to subdivide a 37.85 acre parcel into 5 lots where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was gifted to the Peconic Land Trust and includes a 2.09 acre building envelope; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the map dated as last revised July 23, 2004; and WHEREAS, since granting conditional sketch plan approval, the Town Board enacted a Local Law entitled "A Local Law in relation to a new Chapter A106-Subdivision of Land of the Code of the Town of Southold" on August 24, 2004; therefore be it RESOLVED, that the Southold Town Planning Board grant conditional preliminary plat approval on the map, dated as last revised August 13, 2004, subject to the following conditions: Elysian Field — Page Two — 10/5/04 1. Clearing calculations pursuant to Chapter A106, Section A106-56, of the Town Code need to be shown for each lot on the map. 2. The "common driveway" tum-around should be re-located so that it bisects the property line separating Lots 3 and 4. 3. The submission of a proposed ownership of the right-of-way and a Road and Maintenance Agreement between future property owners for the common driveway. 4. The submission of a New York State Department of Environmental Protection SPEDS General Permit for the action or a covenant and restriction mandating the securing of the permit prior to any construction activity. 5. The submission of a Road and Drainage Plan for the common driveway. 6. The sO mission of a bond estimate for the improvements of the common drive ay. 7. The submission of a draft Covenant and Restriction prohibiting direct access to and from Lot 5 onto State Route 25. Access to Lot 5 shall be from the 50' wide right-of-way. 8. The submission of a Curb Cut Permit from New York State Department of Transportation. Preliminary plat approval is conditioned upon the submission of the aforementioned items and the final maps within six months of the date of preliminary plat approval unless an extension of time is requested by the applicant and granted by the Planning Board. Eight (8) paper prints and five (5) mylars containing a current Health Department stamp of approval must be submitted before a final hearing will be set. Please contact this office with any questions. Very truly yours, Jerilyn B. Woodhouse Chairperson AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as SUba�lytS � or1 ok EIVSi,4n t7•e /ls by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on .OGf y -2-v/9 I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on AE .2-s� 14k• Z . riles Your Name (print)) Signature � D �eCo n� ',fL/ eh d /,W.f Address Date �o f7T l�i�/1 rte/ D, ✓n�+Y�J � -/1,9 N6tary Public p� FFM C�MYW�6�Yw MAiI� Southold Town Plannin Board PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. 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Arilcle Numbe: r ( o p, irrcr (Tiansfor from service label) /rens/er 7cm servicY,labeQ {s t PS Form 3811,August 2001 'iori st r I icmm I' PS Forrn 3811,August 2001 Domesr:ic Return Receipt �_ rvaicre.�aamssea ao_ �7 t l� t%t• J�1)LUL.�t � C_I�.,l., � !� lCt-}^1\�/� i� C' Cj C C, L3. S,,"ce 'Pe 4-(�Irhfi d Mair ❑ F'xpre.ss M _ ❑ Rey 1 red r ❑ In uer Mail CJ C J D. 1—_-- r—_. __- - _-- - 1 Li Rernctetl D�ivrs, 1Exgrl,,y - ArticleNumber — - mefor roc ser✓¢.0 label J . _ is (Transfer fiom service Jebel) P For; , '0811,August 2001 D)mastic Return Receipt PS Form 3811,August 2001 Domestic R,t,, I7 YLS,enter pelwpr poor IZs�� � �ahl✓� _ —_— q p ^1y 3. Service Iaa'. AeHrfedM71 ssMai, i. ❑ Regi,tar.d El Reran urn Feu u ❑ Insured Mai: C.O-0_ Cp HostrrtPd Ispry? txfn Fprl 2. Article Number (Transfer from service l: - - (r isicv (:ort Service iabep PS Form 3811,August 2001 Dr,-.�e t kt rr�,R I':"oris 3811. August 2001 Domestic Return Receipt "- fQ .` If YES, ntrdelivon ildiessbelow - �q-A NK CC�-} u, is -7lk �(tGE NC �c S VV f� ORI Vic, � �x baa I� _ NU{ I-)-v � 3. Smvice Typo — - ( - ehified Nent l r Lxe Ma �U 1 L� �� C� C. R x El gisten.d He t nn Fico, I. , ❑ Insured Mail ❑ OO E) i. Restricted D, , rv4 •ora Fee) 2 Artlale N mutt - +,rtl[I Jun er (Tiansfor from cervica label) _ (Transfe!fiom , ry cc labeq PS Form 3811,August 2001 no Is Return N PS Form 3811 Auqust 2001 Domestic Return Receipt .. PECONIC LAND TRUST � October 1, 2004 Albert J.Krupski,President Town of Southold Trustees D 111] 2 53095 Main Road PO Box 1179 L Southold,NY 11971 OCT — 1 ' nG Li RE: Proposed Major Subdivision of Elysian Field/Merlot Located n/o Main Road in Southold Southold Town SCTM# 1000-75-2-2.2 1 Plannin Board Dear Mr.Krupski: The Peconic Land Trust is working with Dr. Damianos, the owner of the above referenced 37.85-acres of farmland and woodland. The property is encumbered by a conservation easement Dr. Damianos donated to the Peconic Land Trust in December of 2003 which extinguishes residential development on 28.4-acres but retains a 2.09-acre area for agricultural structures. The remainder of the property includes a 4-lot limited development area with a common driveway. A copy of the survey for the proposed project is enclosed. There is a small wetland area on the southwesterly border of the open area that was flagged on July 22, 2004 by Sea Level Mapping and is calculated to be 0.6921-acres. No improvements are proposed on the property as a part of this application. We are only subdividing the property into 4-residential lots and an open space agricultural area. An application has been submitted to the DEC. At this time, we respectfully request a letter of non jurisdiction from your agency. Please let us know if you require any additional information. Thank you very much. F?tAc--�_ Senior Project Manager Enclosure cc: Anthony Trezza W/o o-le, 296 HAMPTON ROAD I POST OFFICE BOX 1776 SOUTHAMPTON NEW YORK 119691 PHONE (631)28;-31951 FAX (631)204-0711 www.peconiclandtrust.org Pauletta Jayne Brooks It 7 West 17th Street Newyork,NY 10011 Fhone:212/206-1097 Fac:2121691-5858 Cell:6461552-7300 E-mail:bronksgurfein@miuds'p-9 com • DECot� sus OCT - 1 2004 D �, i uthold Town Ping Boa Gellzz-t /�'�D��3-z Ae Ac /2-t7 Ilk :'�7 yr ehi f G � haXl�� l � aw t)Le;,� o� M1 Submission Without a Cover Letter Sender:Te rl. V' (_o"&I G ecO (Ni L 1..1G nj- /r'Js�— Subject: 6,1 S i t—i,e �� S ,w 6L ✓r s i D n SCTM#: 1000 - -? 5— )--- Date: q I �q ,5 0 7 D Comments: SEP 2 3 2004 D ` PLANNING BOARD MEMBER O�pg�FFO(,�coG JERILYN B.WOODHOUSE P.O. Box 1179 Chair w Z Town Hall, 53095 State Route 25 O Southold, New York 11971-0959 RICHARD CAGGIANO 4 'F Telephone(631) 765-1938 WILLIAM J.CREMERS KENNETH L. EDWARDS ,( �, Fax(631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 4th day of October, 2004 on the question of the following: 6:00 p.m. Proposed Site Plan for Cutchogue Harbor Marina. The property is located at the intersection of West Road and West Creek Avenue, on the west side of West Creek Avenue, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-110-1-12 6:05 p.m. Proposed Major Conservation Subdivision The property is located n/o Main Road in Southold, Town of Southold, County of Sufolk, State of New York. Suffolk County Tax Map Number 1000-75-2-2 6:10 p.m. Proposed Major Conservation Subdivision of Oregon LLC/Morel) LLC. The property is located n/o Oregon Road, at the terminus of Cox's Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-2-11.5 & 12 Dated: 9/20/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, SEPTEMBER 23, 2004 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times • Page 1 of 1 Kalin, Carol From: JOAN ANN [JAWEBER@timesreview.coml Sent: Monday, September 20, 2004 12:53 PM To: Kalin, Carol Subject: 9/23 Carol: Legal Ad for 9/23 edition received Joan Ann 9/20/04 PLANNING BOARD MEMBERS o�OgUFFO(,�coG JERILYN B.WOODHOUSE y� P.O. Box 1179 Chair CODTown Hall, 53095 State Route 25 Z Southold, New York 11971-0959 RICHARD CAGGIANO O Telephone (631) 765-1935 WILLIAM J.CREMERS KENNETH L.EDWARDSOj �� Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 4th day of October, 2004 on the question of the following: 6:00 p.m. Proposed Site Plan for Cutchogue Harbor Marina. The property is located at the intersection of West Road and West Creek Avenue, on the west side of West Creek Avenue, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-110-1-12 l 6:'05 p.m. Proposed Major Conservation Subdivision Elysian Field. The property is located n/o Main Road in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-75-2-2 6:10 p.m. Proposed Major Conservation Subdivision of Oregon LLC/Morell LLC. The property is located n/o Oregon Road, at the terminus of Cox's Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-2-11.5 & 12 Dated: 9/20/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 20th day of September, 2004 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road Southold New York 10/4/04 Reaular Meeting: 6:00 p.m. Public Hearing for the proposed Site Plan for Cutchogue Harbor Marina SCTM#1000-110-1-12 6:05 p.m. Public Hearing for the proposed Major Conservation Subdivision SCTM#1000-75-2-2 6:10 p.m. Public Hearing for the proposed Major Conservation Subdivision of Oregon LLC/Morell LLC SCTM#1000-83-2-11.5 & 12 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this lay ofiitPdn(o.e,/, 2004. U(�9 k,. Notal Pu lic MELANIE DOROSKI NOTARY PUBLIC State of New Ybrk No.01D64634870 Qualified in Suffolk Counttyy Commission Expires September La0k) #7120 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 23rd day of September 2004. �— Principal Clerk Sworn to before me this �� day of � 2004 �� VlLEGAL NOTICE Notice of Public Hearing CHRIStINA VOLINSKI NOTICE IS HEREBY GIVEN that, NOTARY PUB,�IC-STATE OF NEW YORK PuBAlsnt to Section 276 of the Town Law end Article XXV of the Code of the Na. Ol-V0610606D I Towa of Southold,a public hearing will Qualified In Suffolk County be held by the Southold Town Planning COmmlael0n Ekp11p1 Feglyoly 28, 2008 Board, at the Town Hall, Main Road, Southold,New York in said Town on the 4th day of October,2004 on the ques- tion of the following: 6:00 p.m. Proposed Site Plan for Cutchogue Harbor Marina.The proper- ty is located at the intersection of West Road and West Creek Avenue, on the west side of West Crack Avenue, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-110-1- 12 6:05 p.m. Propo 'pr Conservation Subdivision The property is located o- ` Road in Southold,Town of Southold,County of Suffolk,State of New York.Suffolk County Tax Mat Number 1000-75-2-2 6:10 p.m. Proposed Major Conservation Subdivision of Oregon LLC/Mm1I LLC.The property is locat- ed n/o Oregou Road,at the terminus of Cox's Lane,_ in Cutchogue, Town of Southold, County of Suffolk,State of New York. Suffolk County Tax Map Number 1000-83-2-11.5&12 Dated:9/20/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B.Woodhouse 7120-1T9/23 Chatrperson / • gUFFO(,� • PLANNING BOARD MEMBERS OHO �'� JERILYN B.WOODHOUSE P.O. Box 1179 ChairG .� Town Hall, 53095 State Route 25 C* Z Southold, New York 11971-0959 RICHARD CAGGL9NOTelephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDSy�ol �aO! Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 16, 2004 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemen: J Pursuant t Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Major Subdivision of Elysian Fields (Merlot LLC) Hamlet/Locality: East Marion S.C.D.P.W. Topo No.: See plat Zoning: R-80 S.C. Tax Map No.: 1000-75-2-2 Major Sub.—X— Minor Sub.—Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (3 copies)_X_ Road Profiles (1) Drainage Plans (1)_ Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) 1. One copy of Application Packet as submitted by applicant. Waiver of Subdivision Requirements - See attached sheet • Page 2 Southold Town Planning Board Referral Referral Criteria: The property is located within 500 feet of State Road 25. SEQRA STATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A (X ) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes ( X ) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes (X )No Comments: This proposed major subdivision is for 5 lots on 37.85 acres where Lots 1 thru 4 are 1.83 acres each and Lot 5 is 28.40 acres upon which a Conservation Easement was granted to the Peconic Land Trust and includes a 2.09 acre building envelope. We request acknowledgement of receipt of this referral (X ) Yes ( ) No Referral received 2004 by the Suffolk County Planning Commission and assigned File No. Sincerely, Anthony P. Tre Senior Planner s PLANNING BOARD MEMBERS �$pFF�(,�co • JERILYN B.WOODHOUSE h�0 Gy P.O. Box 1179 Chair C Town Hall, 53095 State Route 25 CIO : Southold, New York 11971-0959 RICHARD CAGGIANOv� Telephone (631) 765-1938 WILLIAM J.CREMERS G KENNETH L.EDWARD3 y�O! �aO� Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 2004 Peri L. Youmans Peconic Land Trust 296 Hampton Road Southampton, NY 11969 Re: Proposed Mayer Subdivision of Elysian Fields Located onthe north side of Main Road in Southold SCTM#100 -75-2-2 Zoning District A-C Dear Ms. Youmans: The Southold Town Planning Board, at a meeting held on Monday, September 13, 2004, adopted the following resolutions: WHEREAS, this proposed major subdivision of 5 lots on 37.85 acres where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was granted to the Peconic Land Trust and includes a 2.09 acre building envelope; and WHEREAS, on August 9, 2004, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quaiity Review Act, initiated the SEQRA coordination process for this unlisted action; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on the plat last revised July 23, 2004; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617, Section.617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action; and be it FURTHER RESOLVED that the Southold Town Planning Board set Monday, October 4, 2004, at 6:05 p.m. for a preliminary public hearing. Elysian Fields — Page Two — 9/14/04 Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, October 1. 2004. The sign(s) needs to be returned to the Planning Board Office after the public hearing. Please contact this office with any questions. Very truly yours, Jerilyn B. Woodhouse Chairperson encls. PLANNING BOARD MEMBER �gUfF�(,�CO • JERILYN B.WOODHOUSE h`L`� G.y P.O. Box 1179 ChairC Town Hall, 53095 State Route 25 w : Southold, New York 11971-0959 RICHARD CAGGIANG WILLIAM J.CREMERS Telephone(631) 765-1938 • �F KENNETH L.EDWARDS 'y-Jyal ��0� Fax(631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant September 13, 2004 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,. i The Southold Town Planning Board, as lead agency, has deters fined 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 Major Subdivision of Elysian Fields SCTM#: SCTM#1000-75-2-2 Location: Located on the north side of Mai,i Road in Southold SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) NO (X) Description of Action: This proposal is for a 5-lot subdivision on a 37.85 acre parcel of land where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was granted to the Peconic Land Trust and includes a 2.09 acre building envelope. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. No sensitive features exist on site. The determination was based upon the following: r SEQR Negative Declaration - Page Two No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; increase in solid waste production; increase in potential for erosion, flooding, leaching or drainage problems are expected to occur if the proposed action is implemented as planned. Note, however, that the Department of Health approval has not been issued, therefore, the feasibility of a septic system and associated impacts (if any) have not been fully evaluated. No removal or destruction of large quantities of vegetation or fauna is expected to occur. No 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. No Critical Environmental Area as designated pursuant to subdivision 617.14(g) is contiguous with the parcel. The proposed action is not in a significant material conflict with a community's current plans or goals as officially approved or adopted. The proposed action wil not impair the character or quality of important historical, archaeological, archite,.:tural, or aesthetic resources or of existing community or neighborhood charac,Xer. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health is expected to 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: Anthony P. Trezza, Senior Planner Address: Planning Board Telephone Number: (631) 765-1938 cc: Suffolk County Dept. of Health Suffolk County Water Authority Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant Southold Town Plannina Board You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a major conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#s1000-75-2-2; 3. That the property which is the subject of this application is located in the A-C; 4. That the application is for 5 lots on 37.85 acres where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 upon which a Conservation Easement was granted to the Peconic Land Trust and includes a 2.09 acre building envelope. The property is located n/o Main Road in Southold; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank). Or, if you have any questions-you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, October 4, 2004 at 6.05 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Herodotus Damianos/Merlot LLC: Elysian Field Date: 9/20/04 AFFIDAVIT OF POSTING This is to serve notice that 1 personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address i Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri.. 10/1/04 Re: Proposed Maior Conservation Subdivision Elysian Field SCTM#s: 1000-75-2-2 Date of Hearing: Monday, October 4. 2004 6.05 p.m. 168-1 NOTICE OF PUBLIC HF.AR.ING § 68.1 Chapter 68 NOTICE OF PUBLIC HEARING § 58.1. Providing notice of public hearings. (MSTORYi Adopted by the Town Board of the Town of Southold 12.27.1996 as L.L. No. 26-1996: Amendments noted where applicable.] 158-1. Providing notice of public hearings. Whenever the Code calls fbr a public hearing, this section shall apply. Upon determining that an application is oomlilete, the board or commission reviewing the same shall Ahr a time and place for a public hearing thereon,The boaid or commission reviewing an application shall provide fbr the giving of notice: A, .By causing a notice giving the time, date, place and nature of the hearing to be published In the ofllolal newspaper within the period prescribed by law. B. By requiring the applloent to erect the sign provided by / the town, which aheyf�be prominently displeved on the premises facing eaoo'a public 6r private street which the property involved in the application abuts,.glving notloe of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ton (10) Abet from the prbpetiy line. The sign shall be diepkyed for a period of not Ieee than sewn ('A 41019 Immediately preceding the date .of the public hearing. Tb.o jtmlloeint or_b44W ageat shall 91e ari aftadavlt-that ache has complied with this pi"ovisioa, C. By requiring the applicant to send natioe to the owners of record of every property which abuts and every property which is across A om any public or private eftwt. 6801 t-as-ae SOUTHOLD CODE 68.1 from the property included in the application. Such noticeshall be made by certified mail, return receipt requested, posted at least seven (7)days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. t: 6802 1 MERLOT LLC ELYSIAN FIELD MAJOR CONSERVATION SUBDIVISION 1000 =75 =2 =2 Proposal for 5 lots on 37.85 acres where Lot 1 equals 1 .83 acres, Lot 2 equals 1 .83 acres, Lot 3 equals 1 .83 acres, Lot 4 equals 1 .83 acres and Lot 5 equals 28.40 upon which a Conservation Easement was granted to the 116econic Land Trust and includes a 2.09 acre building envelope. MON . - OCTOBER 4, 2004 - 6 : 05 P . M . "0UTFlO< O EC E WE - D SRF SEP 1 6 2004 01s,00�t Southold Town OUTHOLD FIRE DISTRICT Planning Boar P.O. BOX 908. SOUTHOLD, N.Y. 11971 (631) 765-4305 FAX (631) 765-5076 September 15, 2004 Mr. Anthony P. Trezza, Senior Planner Town of Southold Planning Board PO Box 1179 Southold, NY 11971 Re: Major Subdivision of Elysian Field SCTM#1000-75-2-2 Dear Mr. Trezza: The Board of Fire Commissioners of the Southold Fire District has reviewed the map and plans for the property listed above. At the present time, there is adequate fire protection for this property. This recommendation is valid for one year from the date of this letter. Sincerely, " (I � arol Miller ;Fire District Manager MTA-i New York State Department of Environmental Conservation Division of Environmental Permits, Region One Am Building 40-SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0403 FAX: (631)444-0360 oboe LEAD AGENCY COORDINATION RESPONSE August 30, 2004 Anthony Trezza Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: LEAD AGENCY COORDINATION REQUEST Proposed Major Subdivision of Elysian Field/Merlot Southold, NY 11971 SCTM# 1000-75-02-02 soumold Town P_Ienning ' Dear Mr. Terezza: This letter is in response to your Lead Agency Coordination Request of August 18, 2004 regarding lead agency coordination forthe above project pursuant to the State Environmental Quality Review Act(SEQRA)of the Environmental Conservation Law and it's implementing regulations(6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please advise the applicant that if the property referenced above is located within 300 feet of tidal wetlands, the proposed subdivision will require a Tidal Wetland Permit from this Department. In addition, if the proposed "Common Driveway" is within 100 feet of freshwater wetlands, the project will require a Freshwater Wetland Permit from this Department. If you have any questions, please call me at 631-444-0403. Sincerely, ia� AAicher Environmental Analyst New York State Department of Environmental Conservation _ Division of Environmental Permits, Region One Building 40-SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0403 FAX: (631)444-0360 LEAD AGENCY COORDINATION RESPONSE August 30, 2004 Anthony Trezza Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 [ n Re: LEAD AGENCY COORDINATION REQUEST D r lin ' Proposed Major Subdivision of Elysian Field/Merlot Southold, NY 11971 SCTM# 1000-75-02-02 soi„, a mWP Dear Mr. Terezza: This letter is in response to your Lead Agency Coordination Request of August 18, 2004 regarding lead agency coordination forthe above project pursuant to the State Environmental Quality Review Act(SEQRA)of the Environmental Conservation Law and it's implementing regulations(6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please advise the applicant that if the property referenced above is located within 300 feet of tidal wetlands, the proposed subdivision will require a Tidal Wetland Permit from this Department. In addition, if the proposed "Common Driveway” is within 100 feet of freshwater wetlands, the project will require a Freshwater Wetland Permit from this Department. If you have any questions, please call me at 631-444-0403. Sincerely, Sherri Aicher Environmental Analyst PLANNING BOARD MEMBERS o�pgpFFO(,f cOG JERILYN B.WOODHOUSE �� 'y� P.O. Box 1179 Chair o Town Hall, 53095 State Route 25 w RICHARD CAGGL4N0 p • Southold, New York 11971-0959 WILLIAM J. CREMERS y Telephone (631) 765-1938 KENNETH L.EDWARDS '��j .�`��� Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 18, 2004 Ms. Cynthia Caprise, Secretary Southold Fire District P.O. Box 908 Southold, New York 11971 Dear Ms. Caprise: Enclosed please find one (1) subdivision plan dated last revised 7/23/04 for the Major Subdivision of Elysian Field, located on the north side of Main Road (State Road 25) and extending north to the Long Island Railroad tracks, Southold SCTM#1000-75-2-2. O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Ve tru yo s, Anthony P. Trezza Senior anner enc. S:\Planning\2004 Fire District Ref\8.12.04 elysian field.doc PLANNING BOARD MEMBERS pgUFF04coG JERILYN B.WOODHOUSE '�� y� P.O. Box 1179 Chair H Town Hall, 53095 State Route 25 Z Southold, New York 11971-0959 WILLRICHARD J. KENNECREMER O Telephone (631) 765-1935 TH L EDWARDS y�0,( .�,`��� Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Jamie Richter, Office of the Town Engineer From: Anthony Trezza Senior Planner Date: August 18, 2004 Re: Major Subdivision of Elysian Field (Merlot LLC) SCTM #: 1000-75-2-2 / The subject property is zoned Agricultural-Conservation (AC) and is located on the north side of Main Road (State Road 25) and extends north to the Long Island Railroad tracks. The proposal is for 5 lots on 37.85 acres where Lots 1 thru 4 equal 1.83 acres each and Lot 5 equals 28.40 acres. Access to the lots is proposed by way of a 25' wide common driveway. We are preparing to make a formal submission to your office upon receipt of the road and drainage plan. It is our understanding that the property owner will be making the submission in the near future. S:\Planning\2004 Town Engineer Refl8.12.04 Merlot.doc Ar e VJ f� STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 SUBIMAL CHAKRABORTI, P.E. ^ n��nn/ PH H. BOARDMAN REGIONAL DIRECTOR E C E 9 V E OMMISSIONER D August 16, 2004 D AU6 2 0 X004 Ms. Peri L. Youmans, Senior Project Manager Peconic Land Trust Southold Town 296 Hampton Road Mannin Board P.O. Box 1776 Southampton, New York 11969 Your August 11 2004 Submission Proposed Subdivision for Elysian Fields Merlot LLC Site Survey Dated 7/23/04 Route 25. Southold SCTM# 1000-75-2-2 Our Case No. 04-220P Dear Ms. Youmans: This is to acknowledge receipt of your submission on the above permit application. Thank you for submitting the site survey for this project. While a member of my staff, Mr. Mark Wolfgang, met with you on 8/4/04, that meeting was to view the property frontage along Route 25 to determine where an access point could occur. As stated at that meeting, the entire site frontage does not have any site distance obstructions that would prohibit the access point at any location along the site frontage; therefore, the location of the access point along the Route 25 site frontage would depend solely on the development of the site with respect to internal traffic circulation and controls. In order to establish access to the State highway and perform any work within the State highway right-of-way (ROW) the applicant must secure a Highway Work Permit from us. The applicant shall submit four (4) sets of plans that contain all of the information on the attached checklist for our review. Full build out of the site shall be presented for our review. 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. 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. �f R Thank you for your cooperation concerning this matter. Very truly yours, Original Signed By SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety Attachment cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold s. Valerie Scopaz, Planning Director, Town of Southold r. Mark Terry, Town of Southold Ms. Wendy Brodsky, Long Island North Shore Heritage Area Planning Commission SAS:MW:DW PECONIC LAND TRUST August 11, 2004 Mr. Mark Wolfgang -- Civil Engineer I State of New York Department of Transportation 1 N.Y.S. Office Bldg. 250 Veterans Highway Hauppauge, NY 11788-5518 50,;hi� tcwn Finn". Re: Proposed Subdivision for Elysian Fields, Merlot, LLC SCTM# 1000-75-2-2, vacant land at 44535 Main State Road(Rte. 25), Southold,NY Dear Mr. Wolfgang: Thank you for taking the time to meet with Dr. Damianos, Mark Terry, Anthony Trezza and me last week to discuss the curb cut for the above referenced subdivision. In this letter I will outline the project and our request for a letter to the Southold Town Planning Board regarding the feasibility of acquiring a curb cut permit based on the existing location of the subdivision access road. I enclose a survey that shows that the project consists of 37.85-acres located on the northerly side of Main State Road (Rte. 25) in the Town of Southold. The property is encumbered by a Conservation Easement to the Peconic Land Trust, a copy of which is also enclosed. The easement forever restricts residential development to a maximum of four (4) lots of approximately 80,000 square feet each. The Easement forever extinguishes the residential development rights on the remaining 30.5-acres. The Easement does allow for a potential winery complex on a specified 2.0997-acre portion of the agricultural land along the Main State Road. The project is being "fast-tracked" by the Town of Southold for its conservation merits based on the fact that the density has been reduced to no more than four (4) residential lots and preserves 72% of the buildable area. In order to expedite the Town's subdivision approval process, the Planning Board is willing to issue final approval without the secured DOT curb cut permit. The Planning Board will instead require a covenant and restriction to be filed that requires the curb cut permit be in place prior to the issuance of any building permit for the project. 296 HAMPTON ROAD I POST OFFICE BOX 1776 1 SOUTHAMPTON NEW YORK 119691 PHONE (631)283-31951 FAX (631)204-0711 www.peconidandtmst.org However, in order to approve the subdivision before the curb cut permit is issued, the Board is requesting confirmation from the DOT that the location shown on the current survey is a reasonable and feasible place to position access and that it allows enough room to include a curb cut plan accomding to DOT standards. While the Town has indicated a verbal from the DOT may be acceptable, a letter would better serve the Board's request. We do not expect a guarantee that the permit will be issued, only that the placement of access is reasonable for a curb cut application to be made. Of course, as discussed at the site, we will immediately proceed with the curb cut application given the DOT is currently working in the area and may be able to construct the apron if the permit issuance is timely. I met with John Ehlers and he is preparing a curb cut plan to DOT standards based on a total buildout of the property, including a commercial winery complex. If you think it would be helpful, I am willing to meet with you to review the plan in a pre-application conference before I make the formal application. Please contact me at your earliest convenience to discuss the project further. Thank you again for your prompt assistance in this matter. Sincerel Peri L. Youmans Senior Project Manager Enclosures ,,cc- ark Dr. Herodotus Damianos • PLANNING BOARD MEMBERS �O�OgpFFO(,�earn JERILYN B.WOODHOUSE y� P.O. Box 1179 Chair O Town Hall, 53095 State Route 25 N RICHARD CAGGIANO p Southold, New York 11971-0959 WILLIAM J.CREMERSy Telephone(631) 765-1938 KENNETH L. EDWARDS ��,( .�a0� Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 10, 2004 Ms. Peri Youmans, Senior Project Manager C/O Peconic Land Trust 296 Hampton Road Southampton, NY 11969 Re: Proposed Major Subdivision of Elysian Field/Merlot Located n/o Main Road in Southold. SCTM#1000-75-2-2.1 a P d 2.2 Zoning District: A-C Dear Ms. Youmans: The Southold Town Planning Board, at a meeting held on Monday, August 9, 2004, adopted the following resolutions: WHEREAS, this proposed major subdivision is for 5 lots on 37.85 acres; where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 upon which a Conservation Easement was granted to the Peconic Land Trust and includes a 2.09 acre building envelope; and WHEREAS, on July 13, 2004, the Southold Town Board adopted Resolution No. 563 of 2004 approving a waiver from Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No.13 of 2003 for the proposed action; therefore be it RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this Unlisted Action; and be it further RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the plat, last revised July 23, 2004, subject to the following conditions: 1. No application fee has been submitted. Please submit the application fee in the amount of$4,785.00. 2. The submission of a jurisdictional determination from the New York State Department of Conservation and the Town of Southold Board of Trustees for the wetland area. Elysian Field/Medot— Page Two—8/10/04 3. The submission of a proposed ownership of the right-of-way and a road and maintenance agreement between the future property owners for the common driveway. 4. The submission of a road and drainage plan for the common driveway. 5. The submission of a bond estimate for the improvements of the common driveway. 6. The submission of a determination from the New York State Department of Transportation regarding the location of the proposed curb cut. 7. The submittal of a draft covenant and restriction prohibiting direct access to and from Lot 5 to State Road 25. Access is only to be achieved to Lot 5 via the 50.16 foot right-of-way. Sketch plan approval is conditional upon the submission of the preliminary plat within six months of the date of sketch plan approval unless an extension of time is requested by the applicant and granted by the Planning Board. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $20,000. ($5,000. per vacant lot in the subdivision). Payment is required prior to the final endorsement of the plat. If you have any questions, please do not hesitate to contact this office. Very truly yours, ?Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator f PLANNING BOARD MEMBER• o�OgUfFO� • JERILYN B.WOODHOUSE _� P.O. Box 1179 Chair co Town Hall, 53095 State Route 25 GO �. Southold, New York 11971-0959 RICHARD J. CREM R O Telephone(631) 765-1938 KENNETH L.EDWARDS y��j .?`��� Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 18, 2004 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the actign described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (ERF) to assist you in your response. Project Name: Major Subdivision of Elysian Field/Merlot SCTM#1000-75-2-2 Requested Action: This proposed major subdivision is for 5 lots on 37.85 acres where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was granted to the Peconic Land Trust and includes a 2.09 acre building envelope. The property is located n/o Main Road in Southold. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Anthony Trezza, Senior Planner (631) 765-1938 x 5021 Page 2 Lead Agency Coordination Request The lead agency will determine the need for any supplemental information on this project. Within thirty (30)days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: (X) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: i Please feel free to contact this office for further information. Very truly yours, j^ Jerilyn . Woodhouse-�✓���� Chairperson cc: Joshua Y. Horton, Supervisor Southold Town Board Patricia Finnegan, Town Attorney *Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Suffolk County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher *Suffolk County Water Authority, John Milazzo, Esq. *Maps are enclosed for your review Enc. S:\Planning\2004 Lead Agency Coordinations\08.10.03 Merlot SEQR EAF COORD.doc PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full 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 LOCATION OF ACTION (Include Street Address,Municipality and County) BUSINESS TELEPHONE NAME OF APPLICANTISPONSOR ADDRESS STATE 21P CODE CITYIPO BUSINESS TELEPHONE NAME OF OWNER Of different 1 ) ADDRESS STATE ZIP CODE CITYIPO DESCRIPTION OF ACTION Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban 01p6strial ❑Commercial ❑Residential(suburban) Mural (non-farm ❑Forest NrAgriculture ❑Other 2. Total acreage of project area: 37acres. PRESENTLY AFTER COMPLETION APPROXIMATE ACREAGE acres Meadow or Brushiand (Non-agricultural) acres f acres acres Forested Agricultural (includes orchards, cropland, pasture, etc.) 3'7f3S acres �`.�. 5 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Wetland acres acres Water Surface Area — Unvegetated (Rock, earth or fill) — acres —_ acres Roads, buildings and other paved surfaces —' acres /© acres Other (Indicate type)— GR siO5CAP4S acres 7�—d--- acres 3. What is predominant soil t s) on project site? a. Soil drainage: ell drained ✓00 % of site ❑Moderately well drained % of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N' Land Classification System? acres. (See 1 NYCRR370)).. 4. Are there bedrock outcroppings on project site? ❑Yes 0<0 a. What is depth to bedrock? (in feet) 2 J S. Approximate percentage of proposed project site with slopes: IK'1' % % 010-15% oda 015% or greater % 6. Is project substantially contiguous to, or co�m a building, site, or district, listed on the State or the National Registers of Historic Places? OYes L7No ' 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes 0<0 r 8. What is the depth of the water table? /7 �` (in feet) 9. Is site located over a primary, principal, or sole source aquifer? pYes ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes Elo 11. Does project siteco in any species of plant or animal life that is identified as threatened or endangered? OYes to According to Identify each species 12. Are there any unigue� unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations). OYes 017 o Describe •13. Is the project site sently used by the community or neighborhood as an open space or recreation area? OYes o If yes, explain 14. Does the present sitginclude scenic views known to be important to the community? OYe Milo j 15. Streams within or contiguous to project area: N/ft a. Name of Stream and name of River to which it is tributary '16. Lakes, ponds, wetland arep s within or contiguous to project area: a. Name et 7 b. Size (In acres) 17. Is the site served by existing public utilities? GKe's ONo � a) If Yes, does sufficient capacity exist to allow connection? QYes ONo b) If Yes, will improvements be necessary to allow connection? OYes ;<o 18. Is the site located in an agr* ultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Yes ONo 19. Is the site located in or substantially contiguous a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? Oyes Mo • , 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes f� B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 3?8� acres. b. Project acreage to be developed: acres initially; 9 n acres ultimately. c. Project acreage to remain undeveloped 38, 0—'� acres. d. Length of project in miles: (If appropriate) e. -It the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing a ; proposed ID g. Maximum vehicular trips generated per hour oZ (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 1. Dimensions (In feet) of largest proposed structure _;35'- height; QO width; length. J. Linear feet of frontage along a public thoroughfare project will occupy Is? �y� L 3 1 • 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? �/ — tons/cubic yards 3. Will disturbed areas be reclaimed? 05<, ONO ON/A a. if yes, for what intended purpose is the site being reclaimed? ZA"1OScA'.v6 b. Will topsoil be stockpiled for reclamation? 01es ONO C. Will upper subsoil be stockpiled for reclamation? Qkfes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature fprest (over 100 years old) or other locally-important vegetation be removed by this project? OYes No 6. If single phase project: Anticipated period of construction �� months, (including demolition). 7. If multi phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. . d. Is phase 1 functionally dependent on subsequent phases? OYes ONO 8. Will blasting occur during construction? OYes 19To 9. Number of jobs generated: during construction a ; after project is complete 10. Number of jobs eliminated by this project D 11. Will project require relocation of any projects or facilities? OYes OYes EIf�lo If yes, explain 12. Is surface liquid waste disposal involved? OYes C$No a. If yes, indicate type of waste (sewage, industrial, etc.) and amoury, b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? &T'es ONO Type r 14. Will surface area of an existing water body increase or decrease by proposal? OYes o Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes Q1ro 16. Will the project generate solid waste? OYes 'ati; a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes ONO c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONO e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes 9111 o a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? 91 e s ONO 19. Will project routinely produce odors (more than one hour per day)? OYes 8No 20. Will project produce operating noise exceeding the local ambient noise levels? OYes ElNo 21. Will project result in an increase in energy use? f7Yes ONO If yes , indicate type(s) Cc-`0-rc ,tea �[ �w ✓� 22. If water supply is from wells, indicate pumping capacity. gallons/minute. 23. Total anticipated water usage per day 20412' gallons/day. 24. Does project involve Local, State or Federal funding? OYes 13<0- If Yes, explain 4 r 25. Approvals Required: Submittal Type Mry Date City, Town, Village Board C7Yes ONo &t'4(' /r?5I LP-0ey /r2 CAp�QJnt /. y o3 City, Town, Village Planning Board 0'Yes ❑No 5 t7z: Pr4,r) / City, Town Zoning Board ❑Yes 2 o City, County Health Department W/�es ❑No S L..Z Other Local Agencies CB'5es ONo Lv,fT6,t, AriTl/1dSr Other Regional Agencies ❑Yes C�No State Agencies Dyes LrNo Federal Agencies ❑Yes C�lo C. Zoning and Planning Information � 1 . Does proposed action involve a planning or zoning decision? Oles ONo If Yes, indicate decision required: � /" Ozoning amendment Ozoning variance Ospecial use permit2-s-ubdivision sf s to plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? 4--- 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 3o Z-0 7, 4. What is the proposed zoning of the// 'site? S. What is the maximum potential deYrelopment of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? BYe's ONo 7. What are the predominant land use(s) and zoning classifications within a 1/ mile radius of proposed action? AG 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/ mile? ffYes ONo 9. If the proposed action is the subdivision of land; how many lots are proposed? _ a. What is the minimum lot size proposed? $d aao `SP. d%, �� 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes F?No 11 . Will the proposed actioop`create a demand for any community provided services (recreation, education, police, fire protection)? f�S'es ONo a. If yes, is existing capacity sufficient to handle projected demand? 1211es ONo 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes to a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name &rieti Date /--;' y-�N Signature Title 4�N6 4-t L— If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 J G ELIZABETH A. NEVILLE >� y� Town Hall, 53095 Main Road TOWN CLERK w Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS O Southold, New York 11971 RECORDS�MANAG MANAGEMENT OFFICER RIAGE OFFICERy�0 # ��0�� TelephoFax ne 5 e (63 31) 676541800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 563 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 13,2004: WHEREAS an application has been made by Dr. Herodotus Damianos for a waiver from the provisions of Local Law #3 of 2002 (and extensions thereof) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"pursuant to Section 6 "Appeal Procedures", to permit the Planning Board to consider an application for a minor subdivision for the parcel of property known as SCTM# 1000-75-2-2; and WHEREAS the application involves the subdivision of a 37.85 acre parcel into 5 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in Section 6. (Appeal Procedure) of Local Law#3-2002 and the extensions of said Local Law, and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the im ac (c or waiver on the water supply, agricultural lands, open and re rm �l h a� D character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town retained a"moratorium group"consisting of in-house and outside planners and attorneys who have developed a"Comprehensive Implementation Strategy"of the Comprehensive Plan of the Town of Southold, and certain comprehensive planning currently being undertaken includes,but is not limited to, 80%preservation of open space throughout the Town and a 60%reduction in density, clear establishment of the Hamlet Centers, and a possible Transfer of Development Rights component(a full description of the"action" is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS,planning work is actively proceeding during the moratorium, which was extended January 6, 2004 for an additional 180 days. . The issues facing the Town of Southold and possible solutions to those issues are complex. Legislative solutions have not yet been agreed upon, and the Town continues to face significant development pressure; and WHEREAS the Town Board finds that the applicant has demonstrated an extraordinary hardship, in that he has gifted a Conservation Easement on 28.4 acres to the Peconic Land Trust, and the preserved area encompasses more than seventy two percent of the parcel and falls just short of the seventy-five percent land preservation threshold. No structures, including agricultural buildings, are allowed in the open area. Dr. Damianos is now faced with the possibility of having to amend and re-file the Conservation Easement and incurring expenses associated therewith; and WHEREAS the Town Board finds that the application is not in contrast with the extensive planning initiatives being undertaken by the Town, or the Comprehensive Plan of the Town of Southold; and WHEREAS the Town Board finds that this application will not adversely affect the purpose of the Local Law#3 of 2002 and the extensions thereof, and WHEREAS the Town Board of the Town of Southold finds that the application will not adversely affect the health, safety, or welfare of the Town of Southold; and WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is consistent with the existing land use in the surrounding area and has a minimal impact on water supply, rural character, natural resources and transportation infrastructure of the Town; and WHEREAS the Town Board of the Town of Southold finds that the application supports the preservation of agricultural lands and open and recreational space, and has demonstrated a significant land preservation effort; and WHEREAS based on the application, all relevant documentation, the comments set forth at the public hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and the extensions thereof, Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and Be it RESOLVED by the Town Board of the Town of Southold that the application is hereby approved. QCT Elizabeth A. Neville Southold Town Clerk PECONIC LAND TRUST July 9, 2004 Elizabeth Neville, Town Clerk Town of Southold 53095 State Route 25 PO Box 1179 Southold,NY 11971-1938 VIA FAX Proposed Subdivision of Elysian Field Dr. Herodotus Damianos/Merlot, LLC Dear Ms. Neville: Please consider this letter an addendum to the waiver letter dated and submitted on June 9, 2004 requesting the "Subdivision of Elysian Field" be granted relief in the form of a waiver from the provisions of Local Law No. 3 of 2002 entitled; "Local Law in relation to a Temporary Moratorium on the Processing. Review of and making Decisions on Applications for Major Subdivisions. Minor Subdivisions, and Special Use Permits and Site Plans containing Dwelling nit (s) in the Town of Southold." This addendum addresses the following: 1. At the request of the Planning Department and Planning Board, we have reconfigured the plan to reduce the area of the common drive.,thus adding more acreage to the protected area. As the original letter states, the total project area is 1,648,749.00 square feet. After deducting the wetland area that has been calculated by Senior Environmental Planner Mark Terry at 36,590 sq.ft (.84 —acres), the buildable area of the project is 1,612,159.3 sq.ft. Seventy five percent (75%) of the buildable area is 1,209,119.4 sq.ft. This leaves a total of 403,039.9 sq.ft. available for development. The actual development area for the project is 446,120.0 sq. ft. Thus, the project falls short of the standard by 43,081.0 square feet, which means that this plan preserves 72.3% of the property as defined by the Planning Board. 2. Additionally, the applicant seeks relief on the basis that the current moratorium has created an extraordinary hardship with regard to this parcel. While the Conservation Easement to the Peconic Land Trust covers the entire property and prohibits residential development on 80% of the p �e ar in l Galg has requested we exclude the 91,462.5 square foot area (2. D 296 HAMPTON ROAD I POST OFFICE BOX 17761 SOUTHAMPTON NEW YORK 119691 P ON (631)283-;195 1 FAX (631) 04-0 1 www.peconiciandtrust.org Southold Town Planning 9oarn agricultural structures from the open space calculation so that it is more consistent with previous interpretations of protected land. The owner of the property, Dr. Herodotus Damianos, donated and recorded the Conservation Easement in December of 2003 based on a plan that was reviewed and supported by the Planning Board. Dr. Damianos has voluntarily protected the majority of his property forever without the need for Town purchase of development rights money and has made an extremely generous gift to both the Town and the community. He is now faced with the pontential hardship of having to amend and re-file the Conservation Easement, as well as incur the legal expenses to do so. In closing, the proposed plan will not adversely effect the purpose of any provisions of Local Law No. 3 of 2002, or the health, safety or welfare of the Town of Southold, or any comprehensive planning being undertaken in the Town and we hope that the Town Board will take into consideration that Dr. Damianos acted in good faith when he voluntarily protected his land with a perpetual Conservation Easement, and that the Planning Board supports this waiver application. Sinc y, Peri L. Youmans Senior Project Manager Enclosures cc: Dr. Herodotus Damianos Mark Terry, Senior Environmental Planner Pat Finnegan, Town Attorney �gUFFO(,� Sip� ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK = P.O. Box 1179 REGISTRAR OF VITAL STATISTICSO Southold, New York 11971 MARRIAGE OFFICER -6145 RECORDS MANAGEMENT OFFICERy�0 `�a°�� Telep oFax n31) 5 Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 30,2004 Peri L. Youmans Senior Project Manager Peconic Land Trust Post Office Box 1776 Southampton,New York 11969 Dear Ms. Youmas: Please be advised that the Southold Town Board, at their regular meeting yesterday, recessed the public hearing on the Waiver Application of Dr. Herodotus Damianos/Merlot LLC until 8:00 PM July 13,2004. Very truly yours, 14"42?4"94- Elizabeth A. Neville Southold Town Clerk cc: Town Board Town Attorney Planning Board � C � o � � JUL Southold Town Planning Board _. - NF/^5!%00�. tc+• 40 71'— FECONIC LAND TRUST PAGE 0- 0 PECONIC LAND TRUST June 25,2004 Via Fax Elizabeth A.Neville e Town Clerk Town Hall,530.95 Main Road PO Box 1179 Southold,NY 11971 Re: Proposed Minor Subdivision of Dr.I'Ierodotos Damiano"erlot LI C SCTlvt# 1000.75-2-2 Dcar Ms.Neville: Resolution#480,adopted June 15,2004,sets 8:05 pm,June 29,2004 for a public bearing on the above referenced application requesting a,waiver from the provisions of the Local Law regarding the temporary moratorium. We respectfltlly request the public hearing be left open as the are in discussions with the Planning Board. Please contact me at 283.3195 regarding this request. Thank you. zSin , r eri�ot ns senior Project n ger 4 cc: Pat Finnegan,Town Attorney Mark Terry, Sr. Environmental Planner j II 4--0711 _ 296,xn r-rov on P AnS'r OPI'rCE ROx 11%j SOPi];e.M rrON NLW YORK w�,�.pecouielandtru�t.ors y JUN 2 8 2004 Southold Town Planning Boar+ 1 1 • h�o�gUFFkjt ✓g r '� 3nI� ELIZABETH A.NEVILLE p Town Hall, 53095 Main Road TOWN CLERK Cy : P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICERFax -6145 RECORDS MANAGEMENT OFFICER l `� Telephone 5 e (63 31) 6765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net DEP OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Town Attorney Patricia Finnegan Town Planner Valerie Scopaz From: Town Clerk Elizabeth Nevill Re: Waiver Application of Peconic Land Trust on behalf of Dr.Herodotus Damianos/Merlot,LLC Date: June 9,2004 Transmitted please find request of Pecomc;Land Trust on behalf Dr. Herodotus Damianos Merlot LLC, SCTM#1000-75-2-2. Please review and prepare a written report of your findings and recommendations. Thank you. PECONIPLAND TRUST 296 Hampton Road,P.O.Box 1776,Southampton,NY 11969 (631)283-3195 Fax:(631)283-0235 w -peconidandtrust.org June 9, 2004 Elizabeth Neville, Town Clerk RECEIVED Town of Southold 53095 State Route 25 JUN 9 2004 PO Box 1179 Southold,NY 11971-1938 Southold Town Clerk Proposed Subdivision of Elysian Field Dr. Herodotus Damianos/Merlot,LLC Dear Ms. Neville: Please consider this letter a formal application to request that the "Proposed Subdivision of Elysian Field" be granted relief in the form of a waiver from the provisions of Local Law No. 3 of 2002 entitled; "Deal Law in relation to a Temuo any Moratorium on the PrOgminP Review of and making Decisions on Anolications for Major Subdivisions Mwr Subdivisions. and Special Use Permits and Site Pan containing Dwelling Unit s) in the Town of Southold." Relief is being sought for the following reasons: 1. The applicant had gifted a Conservation Easement on 28.4-acres to the Peconic Land Trust post enactment of Local Law No. 3 of 2002 on August 15,2002. 2. The preserved area does not meet the threshold in which interests or rights of property sold or gifted encompasses at least 75 percent of the entire parcel, excluding the wetland area. The project consists of 37.85-acres and is located on the Main Road in SouthokL A Conservation Easement was donated to the Peconic Land Trust on December 30, 2002 that extinguished the residential development rights on 28.4-acres. This consists of a 1.6384-acre private road, a 26.7654-acres (1,65902.0 sq.ft.) portion of the property identified on the enclosed subdivision plat as "Open Space." In addition, easement confines the potential for agricultural structures to a 2.099-acre(91,461.5 sq. ft.) development area. The plan includes four(4)proposed residential lots totaling 7.35-acres (320,016.7 sq.ft.). The property contains a wetland area that has been calculated by Senior Environmental Planner Mark Terry at .84 -acres (36,590 sq.ft.). After deducting .84 acres for the wetland area the buildable area of the project is 1,612,159.3 sq.ft. Seventy five percent (75%) of the buildable area is 1,209,119.4 sq.ft. This leaves a total of 403,039.9 sq.ft. available for development. The actual development area for the project is 411,478.2 sq. ft. Thus, the project falls short of the standard by 8,438.3 sq. ft. We respectfully ask the Town Board for a waiver according to Section 6 of Local Law No.3 of 2002 on the grounds that the waiver will not adversely effect the purpose of any provisions of Local Law No. 3 of 2002, or the health, safety or welfare of the Town of Southold, or any comprehensive planning being undertaken in the Town. To this end we include the following: * A check in the amount of$250.00 for the processing of the application * 9 copies of the plat showing all required improvements in accordance with the procedures of Section A106-25, A106-27 and Articles III and IV or Chapter A106 of the Southold Town Code * One Owner Endorsement signed by Dr. Damianos authorizing Peconic Land Trust to act as agent for this project We understand that the application will be referred to the Town Board within five (5) days and the Town Board shall have thirty (30) days following receipt to make a recommendation to approve or disapprove the waiver of the aforementioned Local Law. In closing, we hope that the Town Board will take into consideration that the owner of the property, Dr. Damianos, acted in good faith at the time the subdivision plan was formalized which was prior to the enactment of the moratorium. In addition, Dr. Damianos donated a Conservation Easement on the 28.4-acre open area of this proposed subdivision to Peconic Land Trust prior to the moratorium and the interim law. No structures, including agricultural buildings, are allowed in the open area. Dr. Damianos, owner of Pindar Vineyards, has also furthered the Town of Southold's preservation plan by donating approximately 22 wooded acres on Jennings Road to the Town in 2001. Dr. Damianos has demonstrated, and continues to demonstrate, a commitment to the preservation of open space and agricultural land in the Town of Southold. Thank you for your attention to this matter. Sincere , Peri L. Youmans Senior Project Mger Enclosures cc: Dr. Herodotus Damianos Ms. Melissa Spiro, Land Preservation Coordinator OWNER'S ENDORSEMENT STATE OF NEW YORK): SS COUNTY OF SUFFOLK) ��l�dc��o� I1'li(�11d5, being duly sworn, deposes and says: I am: (check one) / a part owner in fee; or ✓ the sole owner in fee; or an officer of the corporation which is the owner in fee of the premises described in the foregoing application. I reside at: Mailing Address Hamlet/Post Office I have authorized PECONIC LAND TRUST,INC. to represent me with regard to the conservado ivision application for SCTM#: 1000-75-2-2. Si e/T a Date (If the owner is a corporation,please indicate the name of the corporation and the title of the corporation officer whose signature appears above.) otary Public CHRIS17NA M. MAUCERf Notary Public, State of New York No.01 MA5053136,Suffolk County Commission Expires December 11,2005 Herodotos Damianos Merlot, LLC 591-A- Bicycle Path Port Jefferson, NY 11776 May 7, 2004 Bennett Orlowski, Jr., Chairman Planning Board Office Town of Southold 53095 State Route 25 PO Box 1179 Southold,NY 11971-1938 Dear Mr. Orlowski: I, Herodotos Damianos, owner of the-Property at SCTM# 1000-75-2-2 in Peconic,NY hereby authorize Peconic Land Trust,Incorporated to act as my agent and handle all necessary work involv m subdivision process with the Southold Planning Board. Signature Sworn before me this fl_day of 4oPublic CHRISTINA M. MAUCERI Not Pubile, State of New York No.OA5053136,Suffolk County Commission Expires December 11,2005 PLANNING BOARD MEMBE• O�QSpffO(,�co • BENNETT ORLOWSKI,JR. �� P.O. Box 1179 Chairman C .� Town Hall, 53096 State Route 25 cc Z Southold, New York 11971-0959 RICHARD CAGGIANO 0 Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L. ARDS y��j JL �aQ� Fax (631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE July 10, 2003 TOWN OF SOUTHOLD Mr. Herodotos Damianos M.D. 591-H Bicycle Path Port Jefferson Station,New York 11776 RE: (SCTM# 1000-75-2-2)Proposed Minor Subdivision of Elysian Field Dear Mr. Damianos: This letter is a follow up of my discussions with Marian Sumner of the Peconic Land Trust and messages left with Mr. Jeff Butlers office regarding the above application. The Planning Board has reviewed your application and has determined that the proposed application is subject to Local Law No 3 of 2002 entitled; "Local Law in relation to a Temporary Moratorium on the Processing,Review of, and making Decisions on applications for Major Subdivisions Minor Subdivisions. and Special Use Permits and Site Plans containing Dwelling Unit(s)in the Town of Southold"(enclosed)therefore,the Planning Board cannot take any action upon the application. The application is subject to Local Law No 3 of 2002 for the following reasons: 1. The applicant had gifted 24 acres to the Peconic Land Trust post enactment of Local No. 3 of 2002 on August 15,2002; and 2. The preserve area does not meet the threshold in which interests or rights of property sold or gifted encompasses at least 75 percent of the entire parcel. The Planning Board can only proceed with the application if the applicant receives a waiver from Local Law No 3 from the Town Board pursuant to Section 6 of the above referenced law. Please note that the acreage of wetlands is necessary to calculate the 75 percent preservation threshold requirement. The wetland boundary is not shown upon the submitted plat. This information will be required if the applicant chooses to pursue a waiver from Local Law 3 of 2002 provisions. Please call me with any questions. Sincerely, Mark Terry Senior Environmental Planner Enc. PLANNING BOARD MEMBER ��gQFFO(,�c ENNETT ORLOWSKI,JR. Q �G P.O. Box 1179 Chairman h� TY� Town Hall, 53095 State Route 25 C RICHARD CAGGIANO CO2 Southold, New York 11971-0959 Z WILLIAM J. CREMERS * Af TeleAhone (631) 765-1938 KENNETH L. EDWARDS .f� Fac (631) 765-3136 MARTIN H.SIDORt` PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 2, 2003 Mr. Jeff Butler, P.E. P.O. Box 634 Shoreham,New York 11786 RE: (SCTM# 1000-75-2-2)Proposed Minor Subdivision of Elysian Field Dear Mr. Butler: This letter is a follow up of my discussions with Manan Sumner of the Peconic Land Trust and messages left with your office regarding the above parcel. The Planning Board has reviewed your application and has determined that the proposed application is subject to Local Law No 3 of 2002 entitled; "Local Law in relation to a Temporary Moratorium on the Processing Review of and making Decisions on applications for Major Subdivisions Minor Subdivisions and Special Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"(enclosed) therefore, the Planning Board cannot take any action upon the application. The application is subject to Local Law No 3 of 2002 for the following reasons: 1. The applicant had gifted 24 acres to the Peconic Land Trust post enactment of Local No. 3 of 2002 on August 15,2002; and 2. The preserve area does not meet the threshold in which interests or rights of property sold or gifted encompasses at least 75 percent of the entire parcel. The Planning Board can only proceed with the application if the applicant receives a waiver from Local Law No 3 from the Town Board pursuant to Section 6 of the above referenced law. Please note that the acreage of wetlands is necessary to calculate the75 percent preservation threshold requirement. The wetland boundary is not shown upon the submitted plat. This information will be required if the applicant chooses to pursue a waiver from Local Law 3 of 2002 provisions. Please call me with any questions. Sincerely, Mark Te Senior Environmental Planner Enc. F � • O�gUFFO(/r�,oG ELIZABETH A.NEVILLE /.� TY Town Hall, 53095 Main Road TOWN CLERK O '� P.O. Box 1179 W Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 0 MARRIAGE OFFICER ,f. �� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER �Ql ��0 Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 28,2003 Peconic Land Trust 296 Hampton Road Post Office Box 1776 Southampton,New York 11969 Dear Sirs: The Southold Town Board at their regular meeting held on March 25, 2003 adopted resolution number 205 in support of the Conservation Easement conveyed by Merlot, LLC to Peconic Land Trust. A certified copy of this resolution is enclosed. Should you have any questions, please do not hesitate to call me at 631 765-1800. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney Land Preservation Department - f • o�gUFFOI,�-�Q ELIZABETH A.NEVILLE h� G'y Town Hall,53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER �. Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �Ql �a� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 28, 2003 Herodotus Damianos Merlot, LIC 591 A. Bicycle Path Port Jefferson Station,New York 11776 Dear Dr. Damianos: The Southold Town Board at their regular meeting held on March 25,2003 adopted resolution number 205 in support of the Conservation Easement which you conveyed to the Peconic Land Trust. A certified copy of this resolution is enclosed. Thank you for your conservation/preservation efforts in the Town of Southold. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney Land Preservation Department a o�S�FFoc,��o ELIZABETH A.NEVILLE h� Gy� Town Hall, 53095 Main Road TOWN CLERK Go P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER �?, Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER �ol �aO� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.205 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 25,2003: WHEREAS, it is the policy of the Town of Southold to preserve prime agricultural soils and to protect the scenic, open space character of the Town; and WHEREAS,the Town of Southold's Master Plan of 1973,amended in 1986 and 1989, has taken the following actions to clearly define, delineate and implement its policy to preserve prime agricultural soils and to protect the scenic,open space character of the Town, specifically by the adoption of; 1. Chapter 25 of the code of the Town of Southold,known as Agricultural Lands, for the purpose of preserving prime agricultural soils, protecting the scenic, open space character of the Town and to preserve the Town's resort and agricultural economy. 2. Chapter 59 of the code of the Town of Southold known as Open Space Preservation, finds that the acquisition of open space in the Town of Southold, if preserved and maintained in their present open state, is in the public interest and a proper purpose of the Town in accordance with the findings and determination of the New York State Legislature, as set forth in Section 247 of the General Municipal Law. WHEREAS,Merlot, LLC, having an address at 591A Bicycle Path, Port Jefferson Station,NY 11776, is the owner in fee simple of 37.8-acres of agricultural land identified as Suffolk County Tax Map Parcel#1000-75-2-2; and WHEREAS, the property is located in the AC zoning district of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils; and WHEREAS, the soils on the property have been identified by the United State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County New York as prime agricultural soils of Class I and Class II quality; and WHEREAS, the Town Board wishes to encourage other methods of open space and farmland preservation including the voluntary granting of conservation easements by private landowners to private conservation organizations;and WHEREAS,Merlot, LLC has granted a Conservation Easement to the Peconic Land Trust on December 30, 2002, and recorded in the County Clerk's office on December 30, 2002 in Liber 12227 page 646 which restricts development to 9.45-acres and allows for no more than four(4) single-family residences and one(1) winery complex and extinguishes the development rights on the remaining 28.4-acres; and now therefor be it RESOLVED,that the Town Board hereby determines that the Conservation Easement conveyed by Merlot,LLC to Peconic Land Trust are pursuant to the Town's clearlv delineated public volicv to preserve prime agricultural soils and to protect the scenic oven space character of the Town and that said convevances will yield a significant public benefit; and be it further RESOLVED, that the Southold Town Clerk forward a copy of this resolution to Merlot LLC at the address noted above,and to the Peconic Land Trust,P.O. Box 2088, Southampton,New York 11969. 04 Elizabeth A. Neville Southold Town Clerk JEFFREY T. BUTLER, P.E. P. O. BOX 634 SHOREHAM, NEW YORK 1 1 786 (63 1 ) 821 -8850 (63 1 ) B21 -72B7 FAX ZU Member National Society of Professional Engineers Licensed Professional Engineer January 14, 2003 Town of Southold D E Planning Department D FEB 2 4 2000 Re: Elysian Field(Merlot LLC) Southold Town Planning Board Dear Sirs: Attached please find for your review the following items related to the above referenced application: Completed Subdivision Application Form Part 1 EAF Authorization Letter from owners Transactional Disclosure form 8 copies of Sketch Plan for proposed 4-lot subdivision If you should have any questions,please do not hesitate to call me at 631-821-8850. Sincerely, Qeffrey T. Butler, P.E. Submission Without a Cover Letter Serr.�ler: ��Ql/1 SU�nr�eY' Subject. Gtm(4*( ✓1(� � �r.✓� Lucy SCT I#: 1000- 75.-a_ 'ol- mate: DEC 9 2uut s OUthuld Town b/ CONSERVATION EAqFMFNT THIS DEED OF CONSERVATION EASEMENT, is made on the 3dlkday of December, 2002 at Southampton,New York. The parties are Merlot LLC, 591 A Bicycle Path, Port Jefferson Station,New York 11776 (herein called"Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 296 Hampton Road,P.O. Box 1776, Southampton,New York 11969 (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York, more fully described in SCHEDULE A and shown on the Conservation Easement Map marked EXHIBIT A, both attached hereto, made a part hereof, and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the AC Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code, Section 100-30, further described as Suffolk County Tax Map Parcel Number 1000-75-2-2; and WHEREAS, Grantor wishes to grant a Conservation Easement on the 37.8-acre parcel of Property so that a portion of the Property (hereinafter referred to as the "Open Area", comprising 28.4 acres of the Property, more fully described in SCHEDULE B attached hereto) shall remain in its open, undeveloped, and scenic state and the remainder of the Property(hereinafter referred to as the"Development Area(s)", comprising 9.45 acres of the Property,more fully described in SCHEDULE C attached hereto), may be further developed with no more than four(4) single- family residences with appurtenant structures and improvements and a Winery Complex; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County,New York; and WHEREAS,the Property is part of the New York State Agricultural District#1, and the Grantor wishes to continue using the Open Area in an agricultural capacity and as scenic open space as defined in the Town of Southold Code; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adapted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas,preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, New York State has recognized the importance of private efforts to preserve land in a scenic, natural and open condition through conservation easements by enactment of Environmental Conservation law, Section 49-0301, et.seq.; and WHEREAS, Article 57 of the New York State Environmental Conservation Law, Section 57-0101, et.seq., entitled"Long Island Pine Barrens Maritime Reserve Act,"declared it to be in the public interest to protect and manage the Pine Barrens/Peconic Bay maritime system, including the Property; and WHEREAS, the Property is part of the Peconic Estuary System which was included in the National Estuary Program by determination of the United States Environmental Protection Agency on September 9, 1992, as a"nationally significant estuary"; and t WHEREAS, the Property offers the public significant scenic vistas of open land from a public highway not only of the subject property but across the subject property to farmland to the north; and WHEREAS, the Property in its present scenic, agricultural and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact that it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Opera Area as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Conservation Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE: 0.01 Grantor'q Grantor' Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A free and cleiens and encumbrances, and possesses the right to grant this easement. co 0.02 ntee's Status ly- c Grantee warrants and represents to Grantor that Grantee is a 501(c)(3) qualified not-for- profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, (hereinafter called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in New York State. 0.0 P The parties recognize the scenic and agricultural values of the Open Area and have the common purpose of preserving these values. This instrument is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its environmental, scenic, agricultural, and natural values by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Gov rnment Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. .Q.Q5 Grantee's W rranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land, as determined by the Board of Directors at a duly constituted meeting of that Board on September 9, 2002. 0 0.06 Documentation Grantee acknowledges by acceptance of this Easement that present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's scenic and agricultural resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a Conservation Easement Map marked EXHIBIT A, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures and an acknowledgment page signed by Grantor and Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Conservation Easement (herein called the"Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR, as an absolute gift, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures Except as provided in Section 4.06, the construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property, shall be prohibited. Structures and improvements, including, but not limited to, driveways and agricultural structures as permitted in Section 4.06 hereof, may not be made on, over, or under the Open Area without the prior written consent of the Grantee which will be granted if in the reasonable judgement of the Grantee the structure or improvement does not defeat or materially derogate from the purposes of this Easement. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, shall be prohibited, without the prior written consent of Grantee, which shall not be withheld if, in the reasonable judgment of the Grantee the activity, structure, or improvement does not defeat or materially derogate from the purposes of this Easement. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or other purposes necessary for the Winery Complex, without the prior written consent of Grantee, which shall not be withheld if, in the reasonable judgment of the Grantee the activity, structure, or improvement does not defeat or materially derogate from the purposes of this Easement. 3.03 Subdivision The subdivision or partitioning of the Property shall be prohibited without the prior written consent of Grantee, which shall be granted if, in the reasonable judgment of the Grantee that subdivision or partition is consistent with the purposes of this Easement. In no event shall any subdivision result in the creation of more than 4 residential lots and one Winery Complex, as provided in Section 4.06 hereof. The Open Area shall not be subdivided. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c)to post the Property to control unauthorized entry or use, or (d) to announce Grantee's conservation easement. Other than with respect to the Winery Complex, signs shall not be more than six square feet in size and are subject to regulatory requirements of the Town. With respect to the Winery Complex, one additional sign shall be permitted not in excess of thirty (30) square feet. 3.06 Soil and Water Except as may be required for the cultivation and growth of grapes, any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited; provided that this prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the US Department of Agriculture's National Resource Conservation Service. 3.09 Landscaping Activities The removal of trees, shrubs, or other vegetation from the property shall be prohibited except as provided in Section 4.04 and except as may be required for the cultivation and growth of grapes. 3.10 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible,be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structures. 3.12 Uses Commercial-recreational uses shall be prohibited. The use of the Property for any commercial or industrial purpose shall be prohibited except as provided herein. Residential, agricultural and winery retail-related uses permitted in Section 4.06 shall not be considered commercial or industrial uses. 3.13 Drainage The use of the Open Area for a leaching or sewage disposal field shall be prohibited, except to service the permitted structures. The use of the Open Area for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.14 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except to enable Grantor to develop the Property as provided in Section 4.06 which are expressly reserved. The parties agree that all such rights that are not reserved herein by Grantor shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, or federal law. 4.04 Landscaping Activities Grantor shall have the right to continue the current modes of landscaping, pruning and grounds maintenance on the Property or which may be required for the cultivation and growth of grapes. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged, or to clear vegetation to provide for agricultural use. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural activity including the raising and cultivation of crops, livestock and livestock products as the term is defined in Section 301 of the New York State Agriculture and Markets Law, including operating retail winery facilities as described in Section 4.06B hereof provided that such activity shall be conducted in accordance with the purposes of this Easement. Accessory structures, as provided in 4.0613, and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses, sheep, beef or dairy cattle, or similar domestic livestock, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee and are subject to appropriate governmental approval. 4.06 Structures A. Allowable Residential Improvements Grantor shall have the right to construct no more than four(4) single-family residences with appurtenant structures and improvements reasonable necessary to serve such residences including, without limitation, driveways, garages, storage sheds, septic systems and leaching fields, swimming pools, pool houses, tennis courts, and other family-scale athletic facilities. Grantor shall have the right to remove trees, shrubs, or other vegetation reasonable necessary to construct or replace such single-family residences and appurtenant structures and improvements. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area as described in SCHEDULE C. B. Allowable Non-Residential Improvements in the Development Area Grantor shall have the right to construct a Winery Complex (which may include tasting areas, retail sales and gift shop areas and dining areas, to the extent permitted by law). Grantor shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct or replace such Winery Complex. All structures and improvements shall be constructed, maintained and replaced within the Development Area as described in SCHEDULE C. C. Allowable Non-Residential Improvements in the Open Area Grantor shall have the right to erect and maintain the following non-residential improvements in the Open Area which are necessary for and consistent with the agricultural uses as permitted in Section 4.05 hereof, with the prior written consent of Grantee: (i) Agricultural structures, including but not limited to stables, barns, sheds, and silos as are necessary for the agricultural uses of the Agricultural Area, located so that they do not detract from or adversely affect the agricultural, open space and scenic values protected by this Easement. The total aggregate of all such structures shall not exceed 60,000 square feet (approximately 5% of the Open Area); and (ii) Access drives, to provide access to the improvements permitted by this Section 4.06; and (iii) Underground facilities used to supply utilities, septic systems, leaching fields, and control stormwater runoff from the improvements permitted under the terms of this paragraph A. and B. (iv) Fences, if they are placed so that they do not block or detract from the scenic view, may be constructed without the prior written consent of Grantee. D. Replacement of Structures In-Kind In the event of damage resulting from casualty to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same general location subject to the review and written approval of Grantee. E. Environmental Sensitivity During Construction The use and location of any improvement permitted to be constructed hereunder shall be consistent with the conservation purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to insure that storm water runoff will not carry eroded and other deleterious materials into any wetland area, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such structures, and architectural plans of any proposed structures, which are subject to Grantee's approval. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. If, after 45 days, Grantor has not received any response from Grantee to such submission, then Grantor shall notify Grantee that it has not received any response to such submission. If Grantee fails to respond to such second notice within 10 days thereafter, then Grantee shall be deemed to have approved Grantor's proposed action or request. Whenever an action by Grantor requires the approval of Grantee, it is understood Grantor must also obtain any required governmental approvals for the action. 4.08 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so)upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A., or its corporate successor. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees,judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees,judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 6.03 nor to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any tern, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee(herein called "Legal Expenses")that a court of competent jurisdiction may issue if Grantee successfully prosecutes proceedings under this Section. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization(herein called "the Assignee"). As used herein: the term "qualified organization"means a not-for-profit corporation, or a governmental unit or agency, which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code, which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the code. Any assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to cant'out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment, subject to compliance with the provisions of this Section 6.05. 6.06 Succession If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee or any Assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170(h)(3), then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in the Town of Southold or if such Town will not accept this Easement, then in another qualified organization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07 Extinguishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby(such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement that are not inconsistent with the purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Code governing "qualified conservation contributions". The parties acknowledge that the boundaries of the Property/Open Area and the Development Areas may have to be adjusted to accommodate the Town of Southold if the Property is subdivided as permitted hereby, and the parties agree to cooperate in such boundary line adjustments as permitted, provided said adjustments would not result in diminution of the Open Area or an increase in the number of lots to be developed by the Grantor. 7.03 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand(which delivery made by any nationally reputable overnight courier service that utilizes a written receipt) or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND AC TED: BY: erodotus Damianos Merlot LLC ACKNOWLEDGED AND ACCEPTED: PECONIC LANDDDIRUST, INCORPORATED(Grantee) BY:� Tim . Ca d Vice Pre dent STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: ��jjthis 30' . of D a 0' 'althe year 2002 before me, the undersigned,personally appeared fll"V7us " �%Rrrsonally 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(ies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. KATHRYN KREJCI N New York N 1.0 Pubec l Su ffollt Cou�lly Pub E7QlIreS(JeCefllb9r 31.2006 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this Play of�Ce• in the year 2002 before me, the undersigned,personally appearedTin+mY S.&W,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(ies), and that by his/her/their siguature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. KATHRYN KREJCI Not Public State of New York No.Ory 2 516 Suffolk CW* ComrrIsa M EON december 31,2006 ary Public SCHEDULE A: Metes and Bounds Description of the Property SCHEDULE B: Metes and Bounds Description of the Open Area/Agricultural Area SCHEDULE C: Metes and Bounds Description of the Development Area EXHIBIT A: Existing Conditions Map of the Conservation Easement Area • Schedule A—Description ALL that certain plot,piece or parcel of land,situate,lying and being at Southold,Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northerly side of Main Road where the same is intersected by the easterly side of land now or formerly of Jacqueline Bauer; RUNNING THENCE along said land north 21 degrees 54 minutes 50 seconds west, 225.04 feet; and RUNNING THENCE south 58 degrees 33 minutes 10 seconds west, 183.14 feet to land now or formerly of Suffolk County&Osprey Dominion Co.; RUNNING THENCE along said land north 23 degrees 32 minutes 30 seconds west, 2,358.65 feet to the southerly side of the Long Island Rail Road; RUNNING THENCE along the southerly side of the Long Island Rail Road north 60 degrees 33 minutes 00 seconds east, 620.76 feet to land now or formerly of Frank A. Chicanowicz III; RUNNING THENCE along said land south 26 degrees 02 minutes 30 seconds east, 2,077.18 feet to land now or formerly of Jon T. Lake; RUNNING THENCE along said land and along land now or formerly of Janette Jerome&Thomas C. Jerome south 26 degrees 42 minutes 50 seconds east, feet to lansinow or formerly of Daniel Jerome&Lisa Jerome; ?06.?jj ,gJL� .,xp RUNNING THENCE along said land south 61 degrees 35 minutes 00 seconds west, 131.73 feet; RUNNING THENCE along land now or formerly of Celcia Dmello&Leopold Dmello south 59 degrees 05 minutes 00 seconds west, 125.00 feet; RUNNING THENCE south 26 degrees 15 minutes 00 seconds east, 175 feet to the northerly side of Main Road; RUNNING THENCE along the northerly side of Main Road south 59 degrees 11 minutes 30 seconds west,305.54 feet to the point or place of BEGINNING. ---- •ASER FICHE FORM • SUBDIVISIONS SCANNED APR 2 4 2006 Proiect T e: Standard Records Management Status: Final Approval SCTM # :. 1000 - 75.-2-2 Project Name: Elysian Field (Merlot) Location: The property is located on the n/s/o State Route 25 approximately 545 feet west of Maple Avenue in Southold SCTM#1000 75 2 2 Hamlet: Southold Applicant Name: Heridotos Damianos Owner Name: Herodotos Damianos Zone 1: A-C Approval Date: 12/12/05 PLAT Signed Date IAIIg15 OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: Cand R's : Homeowners Association R and M Agreement- Address: greementAddress: The property is located on the n/s/o State Route 25 aPproximately 545 County Filing Date: 1/10/06 SCAN Date: