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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 ~ -. ~ 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 ~-.., {A~ ~-~ ~ NEW YORK STATE ; Bernadette Castro Commissioner I I ""-~-1 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 I " I .. "'5'f8~3 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 . ." 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 &. / </ t': >' t;U:y ~.CJt.rf., ! / I c:~.r/;> \~' Charles R. CUddY~ ,I CRC:iK Enclosures t' I I ~'V YlOlO ! / 'f' lw- - ----.--.." {~ J~."Lv,t;-'i' (" Ii....- IrQ) ~ ~ ~ ~ ~ ~ fn)11 U USE? 1 5 2C03 I[U I 1 , Soumold ~own Board of Trust... ?0cA- -- l}'~Vh\ t-, _..L __ or \. A.1 /;- . I ,"'V\.; v....\ ' t , ^ ~^ ~. 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 i ! i i \ 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 .