HomeMy WebLinkAboutEast of Eden. LLC
,
New York State Department of Environmental Conservation
Division of Environmental Permits, Region One
Building 40 - SUNY, Stony Brook, New York 11790-2356
Phone: (631) 444-0365 . FAX: (631) 444-0360
Website: www.dec.state.ny.us
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-.
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Erin M. Crotty
Commissioner
NOTICE OF INCOMPLETE APPLICATION
April 27, 2004
Charles R. Cuddy
PO Box 1547
Riverhead, New York 11901
Re:
SOU/hOld To
Application # 1-4738-03262/00001 BIJilf!f rTt Trus~:.
East of Eden Property, 1380 Sound Drive, SCTM # 1000-33-3-19
Dear Mr. Cuddy:
The Department of Environmental Conservation has preliminarily reviewed the above
application for a Tidal Wetlands permit to subdivide a parcel and construct stairways for beach
access and we find the application deficient for the following information.
1. Pursuant to the State Environmental Quality Review Act (SEQRA) a designation of lead
agency and a determination of significance are necessary before your application can be
considered complete. You must provide a copy of the negative declaration if this has already
been issued otherwise this Department will initiate a coordinated review with all involved
agencies.
2. The State Historic preservation Act (SHPA) requires that State agencies, as part of their
permit application review for "major'projects: (a) determine the nature and extent of
archeological resources in a project area, and (b) protect and preserve significant
archeological resources if discovered, to allow research and investigation.
Our preliminary review of your application indicates that there is a significant possibility that
cultural resources (prehistoric or historic archeological artifacts) exist at the project site. This
assessment is based on the following:
The site is within a stipulated area on the New York State Historic Preservation maps
and files record archeological remains in the project vicinity. This indicates a high
potential for locating additional archeological sites within the proposed project area.
The proposed project area has environmental characteristics similar to recorded
prehistoric sites. The soil is well drained and the terrain is fairly level.
The terrain of the area suggests erosion is moderate. Ground disturbance from recent
or historic activities appears limited. The relative stability of the soil strata favors
preservation of archeological remains.
We therefore require a Stage 1 Archeological Survey to be conducted by a qualified
archeologist. This is a two step process consisting of a Sensitivity Study (Stage 1A) and a
Field Investigation (Stage 1 B). I have enclosed some guidance information to assist you with
these requirements.
Your archeologist should prepare a report using the enclosed Report Format For Cultural
resource Investigations. Please submit two copies of the completed report with original
documentation to the undersigned Environmental Analyst.
In the event that cultural resources are located on your site, you will be advised on
commencing a Stage 2 Survey.
3. Your client must provide a copy of the Coastal Erosion Hazard Act permit or non-
jurisdiction determination for the project.
The above application will remain incomplete until the above items are adequately addressed
and or fulfilled.
The Department strongly advises your client to refrain from any further ground disturbance at
the site until the Stage 1 Archeological Survey is completed. Any further ground disturbance
could destroy valuable cultural resources.
Please do not hesitate to call me at (631) 444-0351 if you have any questions or wish to
discuss this matter further.
Sincerely,
.~~
Naomi Brown
Environmental Analyst
Enclosure
cc: East of Eden
MHP
Joshua Horton, Town Supervisor
Valerie Scopaz, Town Planner
Mark Terry, Senior Environmental Planner
AlbeI'tJ.~ Jr., Town Trust9$s, President
Lauren Standish
file
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~ NEW YORK STATE ;
Bernadette Castro
Commissioner
I
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New York State Office of Parks, Recreation and Historic pre~ervation
Historic Preservation Field Services Bureau \
Peebles Island, PO Box 189, Waterford, New York 12188.0189 L..___.
2 3 ?CG:i
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April 19, 2004
Naomi Brown
NYSDEC
Division of Environmental Permits
SUNY Building 40
Stony Brook, NY 11790
Dear Ms. Brown:
Re: DEC 1-4738-03262/00002
Rockcove Estates, East of Eden Property
Greenport, Town of Southold
Suffolk County, NY
04PR01750
Thank you for requesting the comments of the Office of Parks, Recreation and Historic
Preservation (OPRHP) with regard to the potential for this project to affect significant
historical/cultural resources in accordance with Section 14.09 of the State Historic Preservation
Act. OPRHP has reviewed the material you submitted and it is clear that this project is located in
an extremely sensitive area for archaeological resources. As such, ORPHP recommends that the
project area be subjected to Phase 1 archaeological testing.
Please be advised that the entire Rockcove Estates project area is within an area
identified as archaeologically sensitive on the New York State Archaeologically Sensitivity map,
and as such the potential for impacting significant archaeological deposits should be considered
under the State Environmental Quality Review Act (SEQRA). Therefore, we would recommend
testing of the entire project area to insure that archaeological deposits are not adversely
impacted.
Please contact me at extension 3291, or bye-mail atdoualas.mackev(ii)oorho.state.nv.us
if you have any questions regarding these comments.
\5'Y ~ P !Yt
DOUgla~CkeY ~
Historic Preservation Program Analyst
Archaeology
Cc: Southold Town Planning Board
Elizabeth A. Neville, Town Clerk
An Equal Opportunity/Affirmativa Action Agency
o printed on recycled paper
New York State Department of Environmental Conservation
Division of Environmental Permits, Region One
Building 40 - SUNY, Stony Brook, New York 11790-2356
Phone: (631) 444-0365 . FAX: (631) 444-0360
Webslte: www.dec.state.ny.us
~
....
~
Erin M. CroUy
Commissioner
NOTICE OF INCOMPLETE APPLICATION
April 27, 2004
Charles R. Cuddy
PO Box 1547
Riverhead, New York 11901
Re: Application # 1-4738-03262/00001
East of Eden Property, 1380 Sound Drive, SCTM # 1000-33-3-19
Dear Mr. Cuddy:
The Department of Environmental Conservation has preliminarily reviewed the above
application for a Tidal Wetlands permit to subdivide a parcel and construct stairways for beach
access and we find the application deficient for the following information.
1. Pursuant to the State Environmental Quality Review Act (SEQRA) a designation of lead
agency and a determination of significance are necessary before your application can be
considered complete. You must provide a copy of the negative declaration if this has already
been issued otherwise this Department will initiate a coordinated review with all involved
agencies.
2. The State Historic preservation Act (SHPA) requires that State agencies, as part of their
permit application review for "major"projects: (a) determine the nature and extent of
archeological resources in a project area, and (b) protect and preserve significant
archeological resources if discovered, to allow research and investigation.
Our preliminary review of your application indicates that there is a significant possibility that
cultural resources (prehistoric or historic archeological artifacts) exist at the project site. This
assessment is based on the following:
The site is within a stipulated area on the New York State Historic Preservation maps
and files record archeological remains in the project vicinity. This indicates a high
potential for locating additional archeological sites within the proposed project area.
The proposed project area has environmental characteristics similar to recorded
prehistoric sites. The soil is well drained and the terrain is fairly level.
"
The terrain of the area suggests erosion is moderate. Ground disturbance from recent
or historic activities appears limited. The relative stability of the soil strata favors
preservation of archeological remains.
We therefore require a Stage 1 Archeological Survey to be conducted by a qualified
archeologist. This is a two step process consisting of a Sensitivity Study (Stage 1 A) and a
Field Investigation (Stage 1 B). I have enclosed some guidance information to assist you with
these requirements.
Your archeologist should prepare a report using the enclosed Report Format For Cultural
resource Investigations. Please submit two copies of the completed report with original
documentation to the undersigned Environmental Analyst.
In the event that cultural resources are located on your site, you will be advised on
commencing a Stage 2 Survey.
3. Your client must provide a copy of the Coastal Erosion Hazard Act permit or non-
jurisdiction determination for the project.
The above application will remain incomplete until the above items are adequately addressed
and or fulfilled.
The Department strongly advises your client to refrain from any further ground disturbance at
the site until the Stage 1 Archeological Survey is completed. Any further ground disturbance
could destroy valuable cultural resources.
Please do not hesitate to call me at (631) 444-0351 if you have any questions or wish to
discuss this matter further.
Sincerely,
/~~
Naomi Brown
Environmental Analyst
Enclosure
cc; East of Eden
MHP
Joshua Horton, Town Supervisor
Valerie Scopaz, Town Planner
Mark Terry, Senior Environmental Planner
Albert J. Krupski, Jr., Town Trustees, President
Uwl'$n Standi8b
file
.~*.,
( I
1/ "
~ NEW YORKSTATE ;
Bernadene Castro
Commissioner
I
I
"'-'~-1
2 3 2Crj
New York State Office of Parks, Recreation and Historic Pre$ervation
Historic Preservation Field Services Bureau L
Peebles Island, PO Box 189, Waterford, New York 12188-0189 ..___'
I
"Snr-237 -8643
;')
April 19, 2004
Naomi Brown
NYSDEC
Division of Environmental Permits
SUNY Building 40
Stony Brook, NY 11790
Dear Ms. Brown:
Re: DEC 1-4738-03262/00002
Rockcove Estates, East of Eden Property
Greenport, Town of Southold
Suffolk County, NY
04PR017S0
Thank you for requesting the comments of the Office of Parks, Recreation and Historic
Preservation (OPRHP) with regard to the potential for this project to affect significant
historical/cultural resources in accordance with Section 14.09 of the State Historic Preservation
Act. OPRHP has reviewed the material you submitted and it is clear that this project is located in
an extremely sensitive area for archaeological resources. As such, ORPHP recommends that the
project area be subjected to Phase 1 archaeological testing.
Please be advised that the entire Rockcove Estates project area is within an area
identified as archaeologically sensitive on the New York State Archaeologically Sensitivity map,
and as such the potential for impacting significant archaeological deposits should be considered
under the State Environmental Quality Review Act (SEQRA). Therefore, we would recommend
testing of the entire project area to insure that archaeological deposits are not adversely
impacted.
Please contact me at extension 3291, or bye-mail atdoualas.mackev(Q)oorho.state.nv.us
if you have any questions regarding these comments.
c:;j'Y
DOUgla:-J:c~ !Yt~
Historic Preservation Program Analyst
Archaeology
Cc: Southold Town Planning Board
Elizabeth A. Neville, Town Clerk
An Equal Opportunity/Affirmative Action Agency
o printed on recycled paper
ffiARLES R. CUDDY
ATTORNEY AT LAW
445 GRIFFING AVENUE
RIVERHEAD, NEW YORK
MailiQll Addre'~'c
P.O. Box 1547
Riverhead, NY 11901
TEL: (631) 369.S:;OO
FAX: (631)369.~
E-mail: charles.cuddy@verizon.net
September 23, 2003
Mr. Albert J. Krupski, President
Board of Town Trustees
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Re: Rockcove Estates
SCTM#1000-33-3-19
Dear Mr. Krupski:
Thank you for forwarding a letter of September 17, 2003. However, 1 must respectfully disagree that
the beach stairs constructed for the homeowners association is a "residential structure." This term
does not appear to be defined. Even assuming the beach stairs as a structure, there is no residential
construction involved. This construction does not benefit any residence nor any construction of a
residence.
1 do not believe that the moratorium is intended to prevent the orderly developed of community
facilities as prescribed by the Planning Board. I do not also believe that this activity falls within the
moratorium and therefore, 1 again request this matter be placed on your agenda.
CRC:ik
Enclosures
Very truly yours,
~i:7
~alsnli 10 pleoB
UMOi PlGlllnoS
~ tore .z dlS ~
31 IA\ ~ 31 :)) 31 0
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ATTORNEY AT LAW
445GRJFFING AVENUE
RIVERHEA0, NEW YORK
/'1.r1C-C,
(j) ~J
CHARLES R. CUDDY
Mailin. Addre..,
P.O. Bo" 1547
Riverhead, NY 11901
TEL: (631) 369-BalO
FAX: (631) 369-9030
E-mail: ch....le..cud.ly@vemc>n.net
St'.p,ember ! 1,2003
Town of South old
Board of Town Trus,ees
Town Hall
53095 Main Road
P.O. Box J.t
Southold: N
Dear Board Members:
I ~epresent Rockcove E te which l12.s arpiied to the TrusteeS to approve a staircase permitting
access to the Homeow rs Association belch. Th;l ,'r~alion and implementation ofthe b(:ach area was
subdivision aC'!xo\lai.
The stairs wiil permit acces" to the hl~:lC!l (lrr:~~~ h~: res::1P"1t3 ;Jf r~!'leteen parceis. In review:ng ~~e,
moratorium provisions. there is nothing set !cl1h ;11 the mo:'atorium law which precludes this
appi!c~~i0n. T::is is neither a requ~st invG;vit~'-? Z si:;g!~ ;c~:~~;,iv h'~:~~_3~lor a request involving
., oper::uons. II
file pr'.:;r~l'sed ,iIairs '.-0 t1~,~ beach win b:::nctli ~i _,;.r,:y.Uil;t~/ '-~~~~n~;)pj2 arll:: there!s no basis for delaying
revievv u;'t~li::: ;'.;Jpiic:ltic1n. hi:; nOl C()'i~r:lI-~) L(~ th; m ';.r.('~~.~ .'( t!~[; rnor::torium :1nd approv~i w~ll r.Of
:H.iv.~rse!j :mjJ:.lct the ~nVln~;lmen~ ilnli :p iac)l~l~"~~ cr ~:'~ .~!(~~ for 2lJeach puroose has heen apprGve~
ily the Souri:old Plam:ing Board /
;
~ "';:>C'pec1"~.~I.\, ;-'''01'0.'''' ,l.,'"!t t'Ji, .;'Pl1;""t,",(I' :);' P:'I'."o,,' nr. ."Ol'f .,n""r.a'~', f'", y.c'ur 'pprO"<1":
'. .......'. dUo..r..... .............ll Ul... I _ '.:,/,_.....C..,v' '.r'" .. ''''''" -' '; -. ...':J..... .~ '" . ~ y &.
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Charles R. CUddY~
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CRC:iK
Enclosures
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U USE? 1 5 2C03 I[U
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Soumold ~own
Board of Trust...
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or \. A.1 /;- .
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Albert J. Krupski, President
James King, Vice-President
Artie Foster
Ken Poliwoda
Peggy A. Dickerson
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
September 17, 2003
Charles R. Cuddy
Attorney at Law
445 Griffing Ave.
Riverhead, NY 11901
RE: Rockcove Estates
SCTM#1000-33-3-19
Dear Mr. Cuddy:
In response to your letter dated September II, 2003, the application of Rock Cove Estates to
construct beach stairs on vacant land is a "residential structure" and therefore cannot be reviewed
under the current moratorium.
A copy of the Temporary Moratorium is enclosed for your reference.
If you have any questions, please don't hesitate to contact the office.
Very truly yours,
~..1 9- ~. 794- J.. . c; .
Albert J. Krupski, Jr., President
Board of Trustees
AJK:lms
Ene.
mARLES R. CUDDY
ATTORNEY AT LAW
445 GRIFFING AVENUE
RIVERHEAD,NEW YORK
M~ilin" Addles~
P.O. Box 1547
Riverhead, NY 11901
TEL (63I)369-BaXl
FAX (63I)369-90S0
E~mail: charles.cuddy@verizon.net
September 11,2003
Town of Southold
Board of Town Trustees
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 1 J 971
Re: Rockcove Estates
SCTM# 1000-33-3-19
Dear Board Members:
1 represent Rockcove Estate which has applied to the Trustees to approve a staircase permitting
access to the Homeowners Association beach. The creation and implementation of the beach area was
a requirement for the subdivision approval.
The stairs will permit access to the beaeh area by residents of nineteen parcels. ]n reviewing the
moratorium provisions, there is nothing set forth in the moratorium law which precludes this
application. This is neither a request involving a single family home nor a request involving
"operations. "
The proposed stairs to the beach will benefit a community of people and there is no basis for delaying
review of this application. It is not contrary to the purpose of the moratorium and approval will not
adversely impact the environment and in fact a use of the site for a beach purpose has been approved
by the Southold Planning Board.
I respectfully request that this application be placed on your agenda for your approval
Very truly yours,
CJd.LvT ~
Charles R. Cuddy ()
CRC:ik
Enclosures
0 ~CIEIW~ ~
r SEP 1 5 2003
Southold Town
Board 01 Trustoel
Albert J. Krupski, President
James King, Vice-President
Artie Foster
Ken Poliwoda
Peggy A. Dickerson
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
TO:
Rob Herrmann
FROM:
Board of Town Trustees
DATE:
September 9, 2003
RE:
East of Eden, LLC
~
As per our telephone conversation of this date. Please be advised t~t the above
subject matter is covered under the Moratorium.
Therefore we are returning the file and En-Consultants, Inc. check #5694 in the amount
of $200.00 to you.
If you require any additional information, please do not hesitate to contact this office.
FROM ENCONSULTANTS
PHONE NO.
631 283 6136
Sep. 08 2003 05:03PM P1
...~
1329 North Sea Road
Southampton, NY 1196
Phone; (631) 283~360
Fax; (631) 283~136
DECE'~\!:
SEP - 9 2003
n-Consultants, Inc.
Fax
SoIllbDld town
Bean! D11rusteeS
'n>: E. 8rl:MmeIJ Johnston, Esq.
.
From, Rob Herrmann
Fax: 734-5891
P........7-
P'" 734-58S0
Dale; September S, 2003
k
East of Eden
ee,
Lauren Standish, 765-1366
o u..- I;!'I For R_ 0 Please C-...._ 0 Please Reply
o Please Recyde
. Comments: Brownell: In response to lauren's email, please be advised that we are seeking a
determination from you regarding the Board's ability to hear the East of Eden application, whicl1
requests permission to construct a set of access stairs from the bluff to the beach area designated for
use by the Rock Cove Estates Homeowner's Association This park area was established pursuant
to the requirements ofthe Covenants and Restrictions of the Rock Cove Estates Subdivision.
Though I understand that the language of the moratorium precludes new construction on vacant lots,
there is no doubt that the intention of that language was to preclude the further development of
buildable lots until the new wetlands code is drafted. Whereas the subject of this application. w~h the
exception of the flag portion of the lot that extends from the road to the bluff, is comprised entirely of a
common beach area reserved by the Planning Board for park and playground purposes. That is. the
lot will not and cannot be developed, but without the stairs, the park and playground area cannot be
accessed. So while I am unsure what "el<ception" category the application could be considered
under, there is no doubt that the substance of this application would not halle been targeted for
preclusion by the Town Board. Hence, I ask you to review the maller and advise me how you
believe the matter should be handled.
For your ready reference, following are portions of the Planning Board resolution and C & R's that
reference the beach area that is the subject of the application. I thank you for your attention to this
maller and look forward to hearing from you.
Robert E. Herrmann
Coastal Management Specialist
En-Consultants, Inc.
Southampton. NY
F1>one:631-283-6360
Fax: 631-283-6136
Email: rherrmann@enconsultants.com
FROM: ENCONSULTANTS
Sent By' BETTINA EQUITIES;
... .
..
PHONE NO. : 631 283 6136 Sep. 08 2003 05: 04pr1 P2
2122496741; Sop...Do 12:,IP:vl; ;>age 219
"
.--
D.CT...a~~!o. OJ" CO\'.!lAft1ll AlID Jt~.nYCT%O.'
~HXS OEC~TrON. made tni. day of , ~OOl, by
and. be~we.n SAL CAIOLA end. BENNY CAIOLA, JR., both havin<; a mailing
ad.d.re&$ at a30 E.at 85th Stre.t, New York, New York lOO~8-30~9,
hore1natter ref.rr~ to a. the DI~Nrs:
WIT N I S SIT H :
WI{Etl.!AS, the Deolarant. 11"'8 the owner. in tee Simple of
cer~..in real p&"'operty S1.tUllte at Gre"nport, To"," of So~thold.
co~nty of Suffolk, State of NeW' York, known and. d....iqnat~ on the
S~ttolk Oounty Tax Map a. OiAtriot 1000, a.otion 33, Sleok ~, Lot
19, and more partioularly d..cribed on ~be annexed Seh.aul. A, and
WH~aEA5, tor and. in con.id.eration or con~1nuinq the
$ubdivielon approval the Planning Board of the Town of Southold has
deemed it to be tor the beet intereats of the Town of Seuthold, the
ownara and proepective own.~. of .aid lot. thAt the within
COVenants and restrictions ba imposed on said lots, and that said
Planning Boar~ has required that the within Declaration be recorded
in the SUffolk County Clerk's Office, and
WHER!1S, the Declarant. have conaidered the ferege1nq and haa
determined that same will be in the b..t interests of the
Declarant. and sub.e~.nt owners of 8aid lot.,
NOW, THEREFORE, TH!S OECLARATION WITNESSETH:
That: ~he Declarant. fer the purpose of carrying cut the
intentions above expre..ed, doe. her.~y make known, adm1~, publi.h,
covenant. and agree tbat the lot. vithin said sU~1vision map shall
FRqM : ENCONSULTANTS
.Ant ~y: o\; i 11NA IotJUl I 1l;B '
,." '
PHONE NO, : 631 283 6136
212 24~ a74, j S,p"8"~3 '2:
~;p, 08 2003 05:04PM P3
52~ "II; P.:'1ge :, d
he~eafter ~. au>>ject to the following covenant. an~ ~e&triction. "s
nerein ei~e4. ~hich shall run with the land an4 ghall De ~indin9
upo;m all purClha8exS and M.lder. ot ..14 pre!llitle.. their hair...
executore, 1e9&1 repr...ntati~ee, distribute.a, .ucce.aor./ and
a..iqns, to wit:
1. A Homeowner. Association to be created. fOl: flool<:eove
~tat88 .u~1viBion will improve and. maintain the road. and road
drainaqe structure. and facilities and provide for upKeep of same
until aocepte'" by the Town of Bouthola. The Homeowners AIIsoc1ation
shall also own the b..ch property to the no~h of LOt ~, from the
aouthern e4g& of the walkway down the bluff faes to the hi;h wa~er
marlt, ~Qget:.h.r ",ith the "lIllcYay located between Lots 3 and 4.
There .~all be no vehicle aceee. o~ pa~kinq allowed within tne ~en
(10) foot ..ide ...alltwlIY rrrovidinq ace... to th_ beach proper'CY.
Late 1, 2 and , .~lI11 have tha riqht to aoe... the water front
di~eotly, s~bject to obtainin9 all applicable pe~it5 anlS
approval..
a. -rhe \lae and davelQpzll.ant of that. po:r:tion del5igTIllted as open
space Ea....nt Are. on Lot NO. l' of ~ockeov. satat.. au>>4 iv1s ion ,
will toravar be re.tricted to .ome or lIll of the fo~lowinq:
a) Faminq operations and activitiee (includinq
8011 preparation, cultivation, tertilicatiQn, irri~ation, post
con~rol, and draina'. oontrcl) and any other normal and oustomary
farm1n, operatiQnel an4 the 1.1'. ot tarm vehieles and equip~ant in
cormeotion t.hare"'1t.h, .11 ... ",...i9ned ana intondea to -promotB and
enhanee llgrioUltural pl'oduction enoolllpasain9 t.he production for
oo..-roial purpo." of tield cropS (includinq without li~itation,
i I
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FROM: ENCONSJLTANTS
..".. -I' -.,..'''' Da"'...'..........,
..
.'
PHONE NO. : 631 283 6136 Sep. 08 2003 05: 05pr1 P4
t,.1C, ~..~ U/Cfl, .:.l:l~.e'LI,j Id;...~f.'IVI; t-'aa~ ~~.'.,
P!.ANNlNG BOARD MltM.BERS
BtNN!l'M' ORLOWSKI, JR.
. ClIWrm...
WJu:.r.ur J. C~R8
IlJlNMi:TH L. &DwoUlDe
GIliOROR: IUTCHtI L4'I'HAM. JIt.
IUC!U.lID O. WAJU)
Towll HaJJ, ~3096 StlltG R...te t4
P.O. B"" 11711
So\lthold, Now York 1197\-0969
r"" (881) 78l>-3138
TOlophone (681) 7&:l-1938
PLANNING BOAlm OrP'ICE
TOWN OJ!' SOUTHOLD
March 21, 2000
Cherlee Cuddy. Esq.
P.O. Box 1547
Rlvem88d, NY 11901
Ra: Propol8Cl mljor subdlvleion for Rockeove Eelalea
SCTM# 1,000-33-3-19
Dear Mr. Cuddy:
The following look plac:e all meeting of the Southold Town Planning Board on
Monday, March 20, 2000:
The final public: hearing, which Wll8 held open ilnee the Planning Board's
September 27, 1999 meeling, W88 c:losed.
The followIng resolution was adopted:
WHEREAS, Sal Caiola and Benny Caiola, Jr. (a.ka. Bettina Equities Company)
are the owner. of the property known and deeJgnated 88 SCTM# 1000-33-3-1 i,
located on the north side of Middle Road (CR48l; epproxlmately eoo feel wellt of
McCann L.lne in Greenport; end
WHEREAS, thi8 propo8ed major sutldivl,lon, to b. known 8. Rockeove Estsles,
i. for 23 late on 27.6921 acte8: llnd
WHEREAS, the prsllminary IIpprovsl expired, however, liS por the Planning
Board'. pelley, lt1e applicant wlla III/owed to submit one-l'1alf of tne required
applicatiOn fee .to reln'lllte the preliminllry epprovel; end
WHEREAS, the Planning Board ravlewed the ,tatl.lll of lhe subdivision lind
deeidad that since there hlld not been arty major changes 10 the subdivision
propo88/ since the expIration of the preliminary approval, that it wes not
FROM : ENCONS~LTRNTS
HInt By: 8~"IINA ~OU!TIES;
. .'
..
PHONE NO. : 631 283 6136 Sep. 08 2003 05:05PM P5
212 24g 674ij S0p-f,.:'3 12~49p:,Jj P,Age 3_'3
ADDkcl:tv. E....t.. ~ ani/DO. P.a. Tk,..
WHEREAS. t~8 Southold Town Planning Board, pursuant to Chapter 58. Notics
of Public Hearing, has received affidavits that the IIpplicant has complied wIth
the pUblic hearing notl'llColllon provisions; and
WHEREAS, a fi",.1 public he!ll'ing was closed on said subdivision application at
the Town Hall, Southold, New York on March 20, 2000; and
WHEREAS, .11 the requirements of the Subdivision ~egula!lons Of the Town of
Southard "ave been met; be It therefore
RESOLVED, that the Soulhold Town Planning Board grant conditional flnsl
, approvel on the llUrveys deted May 10, 199911nd the final road and drainage
plan,daled March 26, 1ge7, subject 10 fulfillment of the follOWing COnditione. All
condItions mUlt be met within six (6) monltls of the date of this rltlolutlon:
1. On October 2, 19&6, the Suffolk CClunty Helllth CeplIrtmerlt Board of
Review granted approvel to the requat for the verlence to use temporary
on-elle well. subject to several conc:lltions. A Declaration of Covenants
and Restrictions WliII filed In LibElr 11811, Page 2111, in aceordan~ with
the Board of Review c:onc:lilions. The COI'Idlllons readal followa:
A. All lotI will be required 10 hive indlvldual!est well. prior to
approval to eonatrue!. Any lot which dOli not meet thll wetar
quality standerds shall not be built upon urnll public water is
8vlllabl8.
B. The owner shall connllct 10 PUblic: Wflter when public waler
becomes aYalleble.
C. There '''all be no transfer of any of the Iota prior 10 the Installation
of water dry mains and without an IcoOPlabJe test well.
The above mentioned conclltiOl'lB muatbe notlld onlhe finlllsubdlvision
map and mu,t be inclUded in the Declarlltiorl of Covenants and
Restrlellons required by 11'1. PllInnlng Board.
2, In response to comment a brought up during the public hearina propess,
the Planning Board has re-revillwlld the prop oiled location of the
Homeowner. Alloelatlon Beac/1 ArM, The Plennlng Board tillS
detllrmlnecl that the HOme0'M18r. AssoelatlOn Belich Ares is to be located
to tll. north of Lot .3, reth.r than to the north of l.ot liI4, as proposed In
this manner the Beach Ar.. will b. centrally IOClt8Cl wltllln tne proposed
SUbdivision.' n,. final maps rTI\Ilt be emllndod to :Jhow the revised
location of the Homeowners Assoclallon Be.~h Area.
FROM: ENCONSULTANTS
~~~t ~y: ~"'I"NA "uu".",;
t.-- 6.
...-r.
vS:-'
~
PHONE NO. : 631 283 6136. Sep. 08 2003 05: 06PM P6
:d1~ ~4;J 0/41 j :';e~-b :;,~j i2:4~P:''''j ':'o1g~ 4/:;
Rt!JtlkI:!D". Eatat.. ... 3121100 - Plla. F~'-Il
3. Five (5) paper print. and two (2) mylari of the revised final map must be
Bubmitted. All mep. mu.t centeln 11 valid slimp of Health Department
Qpproval, and the Llber and Page nLlmber of tne recorded OecJaratJon of
Covenanla snd Restrictions.
4. The Declaration of Covenants and Re*lrletions muat be amended ilia
folklws:
e. It mu.t be r8vlll\ld to retlact the revl,ecS, location of the
Homeowners Assoeietlon Beadl Area,
6.
b. A Itatement muat be added noting that there shall be 1'10 vehicle
access or perking allowed within th8 ten (10) fool wide walkway
whIch IS dellgned to provide Rockccve Estates Hcmaowners
access to the Homeowne,. ABBOD/ation Belileh Area.
A. O.raft of the amended Oeelarlltion must be submitted for the PI liMing
Boan:h review. Upon .PPro\rsl by the Planning BOlrel, the Declerallon
mUlt be recorded in the Oounty Clerk's 0ffI0Ei. A. copy of the recorded
document mutt be submitted 10 the Plenning ~08rd office.
The Homeowner. Assoclation must be filed and 8 COpy of the recorded
document mUllt be lubmitted tl;l the ~18nning Board Office.
The Perfc;lImence Guaranlee in the llmount r;Jf 5404,861.00 mUlt be
Iubmltted to the Planning Board office and must be aecepted by the Town
BOlrd.
The Adminlltratlon Fee in the amount of $24,291.66 must be submitted te
the PIllOnlng Board office.
The park. and playground fee in the amount of $23,000.00 ($1,000.00 par
101) muBt be submitted to Ihe ~Jennlng Bo.rel office.
The Homeowners ASSociation will 0\III'l 8 b.eoh aree 10 lhe north of Lot #
3. The Plllnning Board determined that since the beach ;area is less tnan
the amount Of lend required by Code for park .,d pleyground purpoa&s,
that a Park end Playground fea would bll required in eddltlon to the lend
reservation. However, thll Planning Bo.rd reduced tne amount of the park
and playground fee fromS2,OOO,00 per vacant lot to $1,000.00 per vacant
lot.
FROM: ENCONSULTANTS
E,yr1lI:SY: l::I~IIJ.N,L\ I::l..llJ.!.JlI:;.S;
. .,
.
PHONE NO. : 531 283 5135 Sep. 08 2003 05:05PM P7
212249 A?41; Sap.G.O.12'50PM; Pogs 5/5
Raek ~IND ".tat.. .. :Jn1/DD a ".dft '-lv,
9. A letter from each public utility company whole facilities EIre propoled to
be Instelledln the prOposed subdivIsion mUlt be Iubmitted. Such letter
lhall ltata that the IIllllty company Will milks the Inslalllltlons n__ury
for the furnIshing of ftl lerv/ces. .
Ple"a. contact thl. office If you have any questions regarding the above.
SincerelY,
~~~'Iv'$.
8,matt OrlOWSki, Jr.
Chelrmel"l .