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Home My WebLink About1000-74.-4-4.7 (4)SANITARY DISPOSAL SYSTEM ELEVATION SOIL BORING / I xEb .~J.O' LOT 6 ,b~ u 2~ D aD'm" w ~ r~n~m~ UN~ itI MIDDLE ROAD (C.R. / KEY MAP (no scale) / iLOT 8 'l ~2L6'- ...... ~:-_~-.~: .~. ~ ~.. _ _ S ~ O O0'O0' E PROPERTY OF JOHN P. KRUPSKI A BROS. ~NC KITCHEN WASTE DISPOSAL ELEVATION TYPICAL WELL PROPERTY OF NICHOLAS ALIANO 4~.o~. (^Dr..i) AREA / ' ' ~ BORING ' ' '"'-. AREA B / ~%TEM (SEE (~ SANITARY SYSTEM - PLAN SITE PLAN_ ,.,, 'N 15' / ~ .~11 I t ,t AREA C I ~ I 175'-0" BUILDING SET BACK / / tt PROPOSED VAIL DRIVE Aisle STREET CATCH BASIN L 5'H x 7" DP (Spot Iii from ground) GRACE'S PLACE DAY CARE CENTER ADRI-BUSINESS CHILD DEVELOPMENT MIDDLE ~AJD ~.48 S~, NY. SITE PLAN DETAILS PLA~I~G BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMEHS KENNETH L. EDWARDS MARTIN SIDOB P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 10, 2002 Mr. Francis Murphy c/o Century 21 1146 Route 25 P.O. Box 2 Jamesport, NY 11947 Re: Site Plan for Grace's Place Located on CR 48, 1307' west of Peconic Lane in Peconic SCTM# 1000,74-4-4.7 & 4.8 Zone: A-C Dear Mr. Murphy: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 9, 2002: The final public hearing was closed. The following resolution was adopted: WHEREAS, this proposed site plan, to be known as Grace's Place, is to construct a 7,000 sq. ft. nursery school on a 4.6 acre parcel on County Route 48 in Peconic; and WHEREAS, Agri-Business Child Development, a division of New York State Federation of Growers and Processors Association, Inc. (referred to as ABCD) are the owners of the property known and designated as "Graces Place", SCTM#1000-74-4-4.7 and 4.8; and WHEREAS, a formal application for approval of this site was submitted on June 29, 2001; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act (Article 8) Part 617, declared itself lead agency and issued a Negative Declaration on April 18, 2002; and Grace's Place - Pa,qe Two - 9/10/02 WHEREAS, the Zoning Board of Appeals granted a Special Exception for a nursery school for up to 78 students in an A-C zone on July 12, 2001, Application No. 4969; and WHEREAS, the site plan, dated 5/9/01 and last revised 8/25/02, was certified by the Building Inspector on September 6, 2002; and WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendation for approval; and WHEREAS, on December 18, 2001, the Architectural Review Committee reviewed and approved the proposed site plan application; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing has received affidavits that the application has complied with the notification provisions; and WHEREAS, the applicant has requested an amendment to the Declaration of Covenants and Restrictions, dated March 3, 1993, as a consequence of the Sale of the Development Rights on Lots 1 - 6 of the Aliano subdivision in Peconic, which is adjacent to the applicants parcel and this change in ownership caused the common driveway and curb cut pertaining to Grace's Place (Lots 7& 8 of the subdivision) to be relocated to provide direct access to the nursery school; and WHEREAS, the amendment to the Declaration of Covenants and Restrictions was approved by the Southold Town Planning Board on September 9, 2002; and WHEREAS, as a,condition of final site plan approval, the amended Declaration of Covenants and Restrictions must be recorded in the County Clerk's Office and the liber and page number of the recorded document must be noted on the deeds for Lots 7 & 8; and WHEREAS, an additional Declaration of Covenants and Restrictions pertaining to the Grace's Place Site Plan (Lots 7 and 8) was offered by the applicant to further restrict operational elements of the nursery school proposed for the site and these have been accepted by the Southold Town Planning Board as a condition of final site plan approval, and must be noted on the final site plan; BE IT THEREFORE RESOLVED, that the Southold Town Planning Board grant final approval on the site plan, dated April 20, 2001 and last revised August 25, 2002, and authorize the Chairman to endorse the final site plan, subject to the following conditions, which must be met prior to the issuance of any building permits: 1. Recording of the amended Declaration of Covenants and Restrictions pertaining to the access to Lots 7 & 8 (SCTM# 1000-74-4-4.7 & 4.8). Grace's Place - PaRe Three - 9/10/02 Recording of the second set of Declaration of Covenants and Restrictions pertaining to the use of Grace's Place site (SCTM#1000-74-4-4.7), and noted on the final site plan. 3. Notation of the liber and page number of recorded Declaration of Covenants and Restrictions on the final site plan. Enclosed please find copies of the approved site plan, one for your records and one to be submitted to the Building Department when you apply for a building permit. Please contact this office if you have any questions regarding the above. Very truly yours, Chairman encl. CC: Tax Assessors Building Department REQUEST FOR INFORMATION OR ASSISTANCE SCTM# of site you are inquiring about: Query: (Please be specific about the information you need. Provide supporting b~0cumentation - surveys maps sketches - where possible.?,~-') For Office Use Only: Routed to: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 9, 2002 The Southold Town ANTI-BIAS TASK FORCE will meet from 8:30 AM to 11:00 AM on Thursda% December 19~ 2002 in the Meeting Hall at Southold Town Hall, 53095 Main Road, Southold, New York. Committee Members Town Board Town Attomey Chief o f Police Supt. of Highways Departments Newspapers, Radio, News 12 Elizabeth A. Neville Southold Town Clerk DEC 10 21J02 Anti Bias Task Force Minutes-Nov 20,02 Tom Wickham appears and makes a statement that the public forum is not a good way to reach solutions. Fiscal responsibility is one of the Town Bd.s most important duties. Right now there is $2.5,000,000 set aside for the compost job which is the biggest expenditure the town has ever had. Therefore it reaches beyond concern for human regard, because the best land that would be appropriate for the town to use is the land adjacent to the landfill. He says the whole board is not interested in changing zoning, and he believes the best way to reach a solution is to go ahead quietly to promote affirmative steps toward action. He talks about the current approach doesn't fulfill the ABTF mission statement of promoting harmony. Mike Domino would like to have a blue ribbon committee to let the church community have a voice in the future of the community. Transportation access/egress to the property is an issue as well. The zoning board has denied the proposed building at the Church Lane site. Merle will draw up a letter to Josh requesting a blue ribbon committee to determine viable solutions for the hamlet community that is considerate of the health and safety of Southold Town residents. The town bd. has agreed to a meeting Mon-Fri. with the ABTF. The ABTF is suggesting Dec 21 (Sat.) to accommodate working people. So preliminarily can we start with a small group to begin to strategize affirmative steps for action/solutions to Church Lane. This group should include 2 bd members, 1 Planning bd member,3 cormnunity residents, 1 business person, and 3 ABTF members WE HAVE TO PROTECT THE PEOPLE OF THE HAMLET 2. Graces Place John Skabry made a formal complaint to the bd., therefore we should proceed on looking into the possibility of discriminatory practices -language/environmental safety/how children are accepted into the program. Has Ruth gotten any information on Day care guidelines? 3. MLK celebration A special meeting will have to be arranged to review the applications we receive from the school students. We need to reassess the 8:30 am meeting time. Has it accomplished what it was supposed to do - Draw more members???? Next meeting will be on Dec.19 at 8:30. RECEIVED DEC 9 200 Southold Town Clerk RICHARD J. LAVALLE, P.E. COUNTY OF SUFFOLKt ROBERT J. GAFFNE¥ SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS CHARLES J. BARTHA, August 29, 2002 LESLIE A. MITCHEL DEPUTY COMHISSlONER Mr. Frank J. Murphy Century 21 Albertson Realty 1146 Rte. 25 P. O. Box 2 Jamesport, N. Y. 11947 Re: CR 48 -Grace's Place (Former Permit ff48-73-Nicholas Aliano) Dear Mr. Murphy: Be advised that this Department has received a revised plan showing thc proposed access to thc two parcels (SCTM# 1000-744-4.7 & 4.8) that are proposed to be developed with regards to the above-referenced site. This plan which shows an access that allows right tums in, right tums out and left turns in is in general accordance to this Department's requirements. It is our understanding that SCTM# 1000-74441, 42, 43, 44 & 45 have been sold by Mr. Aliano to the Peconic Lane Trust and the Town has purchased the development rights to these lots. A permit from this Department will be required pursuant to Section 136 of the Highway Law for any improvements this Department deems necessary along the County right-of-way. Before a permit is issued by this Department for these improvements, documentation pursuant to Section 239fofthe New York State General Municipal Law must be forwarded to us from the Town Building Department for our review and comments. If you have any questions, kindly contact this office at 852-.4100. Very truly yours, William S. Shannon, P. E. WSS/MPC/In Cc: Town of Southold Planning Dept. Permits Engineer SEP O Zuuz Soiithoid Town SUFFOLK COUNTY IS AN EQUAL OP~TUN~Y/A~RMATIVE ACTION ~PLOYER (631) 8~2-4010 Matthews & Matthews Attorneys At Law 191 New York Avenue Huntington, New York 11743 631-673-7555 FAX: 631-425-7030 James F. Matthews Patricia Loftus Matthews vL VIA OVERNIGHT MAIL Victor L'Eplattenier Senior Planner Town of Southold Southold, NY 11971 September 13, 2002 8EP 18 2~ ~' ~outhold Town Re:Grace's Place Dear Mr. L'Eplattenier: Enclosed please find certified originals of the two Covenants & Restrictions filed in this matter together with cover sheet and other recording documents. Please advise if you require anything further. Thank you for your attention to these matters. JFM:cc Ve _s, James~latthews Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Page / Filing Fee . Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R,P.T.S.A, Comm. of Ed. Affidavit Certified Copy Reg, Copy _ Other 5 QO Deed / Mortgage Tax Stamp FEES _ Sub Total Sub Total GRAND TOTAL Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2, Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT, MTG. TAX Dual Town~ Dual County Held for Apportionment __ Transfer Tax Mansion Tax The prope ,r,r,r,r~ covered by this mortgage is or will be improved by a one ortwo family dwelling only. YES. or NO If NO, see appropriate tax clause on page # of this instrument. ~gency Verification 6 ~ Lot C on s i;e::t~ ~eA m o u nt $$ ~iti:r2t~°ns/D,scharges/Releases List Prope. Owners Ma~s RECORD & RETURN TO: Improved _ Vacant Land TD TD TD Is I Title Company Information Co. $ame .x'~'\~_"~X~x~ \ ~(,.~x~X(D~,q~__,~,~ '-.-~x~ Title ~ ~~ _~ ~ Suffolk County Recording & Endorsement Page Thispagcfomlspartoftheattached ~C\..Q~ ~'~k~k,C~ c'~ ~'k{")~_'~e.N-~x~ .¥ madeby: (SPECIFY TYPE OF INSTRUMENT ) ~k%'~--~\K-'X~ ?~-~ e"N---( k~& The premises herein is situated in ~')PX"~p'xX c-> ChX-X-'x~ ~'~ SUFFOLK COUNTY, NEW YORK \ In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINIED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January l0th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhnrst, N.Y. 11757 (516) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Brookhaven Town .Receiver of Taxes 250 East Main Street Port Jefferson, N~Y. 11777 (516) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (516) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 ' Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (516) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (516) 765-1803 aw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE ~rpe of Instrument: Number of Pages: 10 District: 1000 DECLARATION COVENANT/RESTRICTI Received the Following Fees For Section: Block: 074.00 04.00 EXAMINED A/qD CHARGED AS FOLLOWS Above Instrument Exempt Page/Filing $30.00 COE $5.OO TP-584 $5.00 Cert.Copies $5.00 SCTM $0.00 THIS PAGE IS NO Handling NO NYS SURCHG NO Notation NO RPT NO Fees Paid A PART OF THE INSTRUMENT Recorded: At: LIBER: PAGE: Lot: 004. 009 $5.00 $15.00 $0.50 $150.00 $215.50 09/10/2002 09:42:43 AM D00012207 911 Exempt NO NO NO NO Edward P.Romaine County Clerk, Suffolk County DECI..4RA TION OF MODIFICATION OF CO VENANTS AND RESTRICTIONS THIS DECLARATION made this q day of .-C-t-~p~t - ,2002, by Agri-Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc., 1576 State Street, Schenectady, New York 12304 (hereinafter referred to as "ABC[)") (hereinafter referred to as "DECLARANT"). WITNESSETH WHEREAS, ABCD is the owner of the premises more fully described in the annexed Schedule "A" (hereinafter sometimes referred to as the "subject premises"), and has submitted an application to the Planning Board for the Town of Southold for site plan approval for a nursery school on the subject premises situated in the Town of Southold, County of Suffolk, State of New York, which property is further described on the Suffolk County Tax Map as District 1000-74-4-4.9 (formerly known as 4.7 & 4.8); and I~VHEREAS, the subject premises are two lots of an eight lot subdivision previously approved by the Planning Board of the Town of Southold (hereinafter referred to as "the Aliano Subdivision"), all of which lots are subject to a Declaration of Covenants and Restrictions dated March 31, 1993 and recorded in the Suffblk County Clerk's Office on June 4, 1993 at liber 11631, page 638 (hereinafter referred to as the "Covenants and Restrictions"), which Covenants and Restrictions provide that there shall be one common curb cut on County Road 48 as shown on the approved map for all eight lots with one common driveway for all eight lots twenty feet in width, as shown on the approved map to be maintained in equal proportions by all lot owners; and further that said Covenants and Restrictions can be modified only at the request of the then owner with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing on notice to adjoining property owners, whose consent to such modification shall not be required; and WHEREAS, the ABCD is the owner of lots 7 and 8 of the Aliano Subdivision and on August 22, 2002 the Town of Southold purchased the development rights to lots 1 through 6 of the Aliano Subdivision, known as Suffolk County Tax Map Nos. 1000-74-4-4.1 through 4.6 and more fully described in the annexed Schedule "B"; and WHEREAS, the subject premises, lots 7 and 8 of the Aliano subdivision, have been merged into one lot; and WHEREAS, due to the sale of the development rights to the Town of Southold, lots 1 through 6 of the Aliano Subdivision have also merged; and WHEREAS, in recognition of the aforesaid sale of development rights to the Town of Southold, the existing curb cut in the Aliano Subdivision shall be reserved solely for the use of lots 1 through 6, now merged into one lot, and that there now will be a separate curb cut solely for use of merged lots 7 & 8; and WHEREAS, ABCD as owner of merged lots 7 & 8 requests that the Covenants and Restrictions be so modified, conditioned upon the issuance of a curb cut permit from the Suffolk County Department of Public Works and all other required permits and further conditioned on ABCD receiving final site plan approval; NOW THEREFORE, the DECLARANT for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that said subject premises described herein in the annexed Schedules "A" and "B" shall hereinafter and forever be subject to the following Covenants and Restrictions, 3 which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, as more fully set forth below and which constitute modifications to the Covenants and Restrictions dated March 31, 1993 and filed in the Suffolk County Clerk's Office on June 4, 1993 at liber 11631, page 638: There shall be one curb cut on Route 48 for the exclusive use of previous lots 1 through 6 of the Aliano Subdivision, which have been merged into a single 12.25 acre agricultural parcel. There shall be a second curb cut on Route 48 for the exclusive use of previous lots 7 and 8 of the Aliano Subdivision, which lots were merged as required by the Planning Board as part of the Site Plan approval for a proposed nursery school, a use previously approved by Special Permit of the Zoning Board of Appeals of the Town of Southold, Application No. 4969. Other than as set forth in paragraph "1" herein, the common driveway shown on the approved Aliano Subdivision applicable to all lots shall be abandoned; there shall be a common driveway required only for lots 7 & 8 in a separate curb cut. These Covenants and Restrictions can be modified only at the request of the then Owner of the premises with the approval of the majority plus one of the Southold Town Planning Board after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modifications shall not be required. 4 IN WITNESS WHEREOF, the DECLARANT above-named has executed the foregoing Declaration the day and year first above written. Agri-Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc. Margaret ~. Evans, Executive Director Planning._B. oard of the Town of ~Southold State of New York ) SS.; County of.Fo~t~/tt ) Onthe ~ dayof --("-eff~-e,~.,lt^ , in the year 2002 before me, the undersigned, personally appeared ~/n .g'~,'rpersonally known to me or proved to me on the basis of satisfactory evidence to ~ ~ndividual(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. Public JAMES F. MATTHEW8 Notary Public, State of New ¥ol~t No. 02MA4701357 Qualified in Suffolk Coall~_oo ~ Commission Expires Oct. 31, State of New York ) County of St~.co6~ Onthe q dayof f'e~/-t_r~ b~a- , in the year 2002 before me, the undersigned, personally appearedlgen~.~¢ °~doo.-~'r'.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. E OF NEW YORK SS: OUNTY 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 COMPARED THE ANNEXED COPYOF DEED EIDER /~O"7 AT PAGE ~!1 RECORDED ~-/~-~ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DE.~CLARATION AND OF THE WHOLE THEREOF. I1~ TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID CLERK 6 SCHEDULE "A" ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots 7 and 8 as shown on Map of Nicholas Aliano and filed in the Suffolk County Clerk's Office on 10/8/93 as Map No. 9417, said lots being bounded and described as follows: BEGINNING at a point on the southeasterly side of Middle Road (C.R. 48) distant 298.52 feet southwesterly as measured along the southeasterly side of Middle Road from the corner formed by the intersection of the southeasterly side of Middle Road and the southwesterly side of Paul's Lane, said point of beginning also being the division line between the herein described premises and land now or formerly of Krupski; THENCE South 35 degrees 00 minutes 00 seconds East along the land now or formerly of Krupski 495.78 feet to the LIRR; THENCE South 58 degrees 29 minutes 10 seconds West along the land now or formerly of the LIRR 389.06 feet to the division line between lots 6 and 7; THENCE along the last mentioned division line the following three courses and distances: 1, North 29 degrees 36 minutes 20 seconds West 428.05 feet to a point; 2. Southwesterly along the arc ora curve to the right having a radius of 2989.79 feet a distance of 320.04 feet to a point; 3. North 21 degrees 41 minutes 20 seconds West 65.01 feet to the southeasterly side of Middle Road; THENCE Northeasterly along the southeasterly side of Middle Road the following two courses and distances: 1. Along the arc of a curve to the left having a radius of 2924.79 feet a distance of 577.15 feet to a point; 2. North 56 degrees 07 minutes 20 seconds East 76.56 feet to the point or place of BEGINNING. 7 SCHEDULE"B" ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots 1 to 6 inclusive, as shown on a certain map entitled, "Map of Nicholas Aliano," filed in the Suffolk County Clerk's Office on October 8, 1993 as Map No. 9417, bounded and described as follows: BEGINNING at a point on the southerly side of Middle Road C.R. 48 (North Road) distant 952.24 feet westerly as measured along the southerly side of Middle Road from the corner formed by the intersection of the southerly side of Middle Road and the westerly side of Paul's Lane; RUNNING THENCE South 21 degrees 41 minutes 20 seconds East 65.01 feet; THENCE Easterly along the arc of a curve bearing to the left having a radius of 2989.79 feet a distance along said curve of 320.04 feet; THENCE South 29 degrees 36 minutes 20 seconds East 428.05 feet to the northerly side of Long Island Rail Road; THENCE South 58 degrees 29 minutes 10 seconds West along the northerly side of Long Island Rail Road 930.00 feet; THENCE North 40 degrees 15 minutes 00 seconds West 659.72 feet to the southerly side of Middle Road; THENCE North 68 degrees 18 minutes 40 seconds East along the southerly side of Middle Road 703.27 feet; THENCE Easterly still along the southerly side of Middle Road along the arc of a curve bearing to the left having a radius of 2924.79 feet a distance along said curve of 45.00 feet to the point or place of BEGINNING. 8 DECLARATION OF COVENANTS AND RESTRICTIONS Suffolk County Tax Map Nos. 1000-74-4-4.1 thru 4.6 Matthews & Matthews, Esqs. Attorneys for Declarant Agri-Business Child Development, A Division of New York State Federation Of Growers & Processors Association, Inc. Office & Post Office Address: 191 New York Avenue Huntington, New York 11743 631-673-7555 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this ~ .dayof f--~IL.,2002, byAgri- Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc., 1576 State Street, Schenectady, New York 12304 (hereinafter referred to as "DECLARANT"). WITNESSETH WHEREAS, DECLARANT is the owner of the premises more fully described in the annexed Schedule "A" (hereinafter sometimes referred to as the "subject premises") and has submitted an application to the Planning Board for the Town of Southold for site plan approval for a nursery school on the subject premises situated in the Town of Southold, County of Suffolk, State of New York, which property is further described on the Suffolk County Tax Map as District 1000-74- 4-4.9 (formerly 4.7 & 4.8); and -2- Number of pages TORRENS Serial # Certificate #, Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES 2002 See Iv 09:42:43 R~ Edward P~Rom~ine CLERK OF SUFFOL~ COUN[? L ~00012207 ~ 9i0 Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P,T,S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 500 Sub Total Sub Total GRAND TOTAL Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec,/Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__ Dual County__ Held for Apportionment __ Transfer Tax Mansion Tax The prope ,rty covered by this mortgage is or will be improved by a one or two family dwelling only. YES orNO~ If NO, see appropriate tax clause on page # __ of this instrument, Real Property Tax Service Agency Verification Dist. Section B lock Lot Con:n'nunity Preservation Fund Consideration Amount $ initials(_"~ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: CPF Tax Due 91 Suffolk County Recording & Endorsement Page (SPECIFY TYPE OF INSTRUMENT ) TO $ Improved Vacant Land TD TD TD Title Company Information made by: The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January l0th and on or before May 31st, Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (516) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Brookhaven Town ~Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (516) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (516) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 ' Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (516) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (516) 765-1803 dw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTRICTI Number of Pages: 7 District: Section: ' Block: 1000 074.00 04.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $21.00 NO Handling COE $5.00 NO NYS SURCHG TP-584 $0.00 NO Notation Cert. Copies $4.00 NO RPT SCTM $0.00 NO THIS PAGE IS Fees Paid A PAiqT OF THE INSTRUMENT Recorded: At: LIBER: PAGE: Lot: Edward P.Romaine County Clerk, Suffolk County 09/10/2002 09:42:43 AM D00012207 910 004.009 Exempt $5.00 NO $15.00 NO $0.50 NO $3O.00 NO $80.50 WHEREAS, the Planning Board of the Town of Southold by Resolution dated ,2002, has granted conditional final site plan approval to the site plan known as "Grace's Place"; and WHEREAS, pursuant to said Resolution of the Planning Board of the Town of Southold dated ~ .~ ,2002, the Planning Board has required that certain conditions be met prior to final site plan approval, including covenants and restrictions set forth herein; and WHEREAS, the DECLARANT has voluntarily offered to the Planning Board to accept the restrictive covenants set forth herein; and WHEREAS, the DECLARANT is desirous of satisfying all conditions of the Resolution of the Planning Board of the Town of Southold; NOW THEREFORE, the DECLARANT for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that said subject premises described herein in the annexed Schedule "A" shall hereinafter and forever be subject to the following Covenants and Restrictions, which shall run with the land and shall be -3- binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, as more fully set forth below: The use of the subject premises is limited to child care or early childhood development for pre-kindergarten children only. The premises shall not be used after 7 P.M. except for parent meetings no more than four (4) times per month consisting of no more than fifteen (15) persons, including staff and parents, for each such meeting. The use of the premises is limited to early childhood development child care only consistent with the July 19, 2001 decision of the Zoning Board of Appeals of the Town of Southold, Application No. 4969, and that same shall not be used for a gathering place for farm workers or a hiring hall. The premises shall be improved by a one-story building only and there will be no further expansion of the building or the use of the subject property. Any lighting on the subject premises shall be designed in such a manner so that the source of lighting can not be seen from adjacent properties or roadways and the lighting itself shall be designed in such a manner so as not to spray beyond the subject property onto adjoining properties or roadways. Any landscaping on the subject premises shall be continually maintained and replaced when and if same becomes necessary. These restrictive covenants shall run with the land and shall be recorded in the Suffolk County Clerk's Office and shall be enforceable either by the Town of Southold or surrounding property owners. -4- These Covenants and Restrictions can be modified only at the request of the then Owner of the premises with the approval of the majority plus one of the Southold Town Planning Board after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modifications shall not be required. IN WITNESS WHEREOF, the DECLARANT above-named has executed the foregoing Declaration the day and year first above written. Agri-Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc. Margaret ~. ~vans, Executive Director State of New York ) SS.: County of On the q day of .~4- · , in the year 2002 before me, the undersigned, personally appeared ~ ~t~,,u~ ~, ff~a~, 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 · . .......... .: ~l ...... I~.t...A *,-. vn~/hnt h~/~he/thev executed the same in his/her/their capacity(ies), STA~E 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 COMPARED THE ANNEXED COPYQF DEED LIBER !Dodo7 AT PAGE ~10 RECORDED AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS /~ "/~.~ DAY O F ~-~~12. ~..4~/~ ~ ~ CLERK ,~.o,. ,~,.~.. SCHEDULE "A" ALL that certain plot, piece or parcel of land, situate, lying and b..qng in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots 7 and 8 as shown on Map of Nicholas Aliano and filed in the Suffolk County Clerks Office on 10/8/93 as Map No. 9417, said lots being bounded and described as follows: BEGINNING at a point on the southeasterly side of Middle Road (C.R. 48) distant 298.52 feet southwesterly as measured along the southeasterly side of Middle Road from the comer formed by the intersection of the southeasterly side of Middle Road and ~ e southwesterly side of Paul's Lane, said point of beginning also being the division line between the herein described premises and land now or formerly of Krupski; THENCE South 35 degrees 00 minutes 00 seconds East along ~:ae land now or formerly of Krupski 495.78 feet to the LIRR; THENCE South 58 degrees 29 minutes 10 seconds West along the~ land now or formerly of the LIRR 389.06 feet to the division line between lots 6 and 7; THENCE along the last mentioned division line the following three courses and distances: 1. North 29 degrees 36 minutes 20 seconds West 428.05 feet to a point; 2. Southwesterly along the arc ora curve to the right having a radius of 2989.79 feet a distance of 320.04 feet to a point; 3. North 21 degrees 41 minutes 20 seconds West 65.01 feet to the :~outheasterly side of Middle Road; THENCE Northeasterly along the southeasterly side of Middle Road the following two courses and distances: 1. Along the arc of a curve to the left having a radius of 2924.79 feel: a distance of 577.15 feet to a point; 2. North 56 degrees 07 minutes 20 seconds East 76.56 feet to the pont or place of BEGINNING. DECLARATION OF COVENANTS AND RESTRICTIONS Suffolk County Tax Map No. 1000-74-4-4.9 (Formerly 1000-74-4-4.7 & 4.8) Matthews & Matthews, Esqs. Attorneys for Declarant Agri-Business Child Development, A Division of New York State Federation Of Growers & Processors Association, Inc. Office & Post Office Address: 191 New York Avenue Huntington, New York 11743 631-673-7555 9,'Z! 2(0~ i.~O:(lO Matthews & Matthews Attorneys Al Law 191 New York Avenue Huntington, New York 11743 631-673-755~ FAX: 631-425-7030 Patri¢ia Lof~us Ma~ews September 11, 2002 ~¥d~ to: 765-3136 Victor L'Eplarmnier Senior Planner Town of Southold SoutJaold, NY 11971 Re: C~ace' s Place Dcm MI, L*Eplatteni~r: Attached please fred recording documents relating w the Declaration of Modification of Cover~ms and R~stdetions (~elating to curb cut) filed on September 10, 2002 at Libe~ D00012207, Page 911; and to the Declaration of CovenanTs and Resmmon~ (~elaling to volunt~try reslriction~ on properS' offered by applican0 filed on September 10, 2002 at Libor D00012207, Page 910, Thank you for your aricntion to these matters, JFM:cc ce Maggie Evam Frank Murphy IIIIIIII Iltl IIIII IIIJ Iitltlllll IIIII Ill Iii IIII Ill I llil!lllllllllllllllll SUFFOLK C010~i'Y .P,.E CO~.D $ 0'~-~-~ C~ 09/:1.0/200'~ D00012207 910 004 . 009 $5.00 NO ~1~. 00 NO $0.50 NO $30.00 NO ~b Tv{al Olk~IqD TOTAL /Add. or NO ,' ~rai,~rval:/on Fund TO ation THRU 9 M~ST ~ 'FYPHD OR l~Ila il=o IN ]ALACK D,rK ONLY PRZOR TO I~XDRZ>~O OR FILl'NO FAX FIDELITY Certified Cop), C)th~r ,j IIII1111111i111111111111[i1111111111111ti111111111111 IIIIIIIIIIIIiiiiii!11 COUNTY ~ECO~DIN~ 10oo 074.0~ $0.00 NO A~: LO~: 00~.009 $~,00 $~.00 $1~0.00 09/~0/Z002 D00012207 911 NO NO PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. ChaL, man RICHARD CAGGIA~O WILLIAM J. CREMEHS KENNETH L. EDWARDS MARTIN SIDOR · P.O. Box 1179 Town Ha/l, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 September 10, 2002 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Frank Murphy cJo Century 21 P.O. Box 2 1146 Route 25 Jamesport, NY 11947 Re: Approved Major Subdivision of Nicholas Aliano Located in Peconic, bounded by the LIRR on the south, CR 48 on the north, 1307' west of Peconic Lane SCTM#1000-74-4-4.7 & 4.8 Zone: A-C Dear Mr. Murphy: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, September 9, 2002: The final public hearing was closed. The following resolution was adopted: WHEREAS, Agri-Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc. (referred to as ABCD) are the owners of the property known and designated as "Grace's Place", located on County Route 48, 1307' west of Paul's Lane in Peconic; and WHEREAS, ABCD is the owner of the premises more fully described in the annexed Schedule "A" (hereinafter sometimes referred to as the "subject premises"), and has submitted an application to the Planning Board for the Town of Southold for site plan approval for a nursery school on the subject premises situated in the Town of Southold, County of Suffolk, State of New York, which property is further described on the Suffolk County Tax Map as District 1000-74-4-4.7 & 4.8; and WHEREAS, the subject premises are two lots of an eight lot subdivision previously approved by the Planning Board of the Town of Southold (hereinafter referred to as "the Aliano Subdivision"), all of which lots are subject to a Declaration of Covenants and Restrictions dated March 31, 1993 and recorded in the Suffolk County Clerk's Office on June 4, 1993 at liber 11631, page 638 (hereinafter referred to as the "Covenants and Restrictions"), which Covenants and Restrictions provide that there shall be one Aliano - Pa.qe Two - 9/10/02 common curb cut on County Road 48 as shown on the approved map for all eight lots with one common driveway for all eight lots twenty feet in width, as shown on the approved map to be maintained in equal proportions by all lot owners; and further that said Covenants and Restrictions can be modified only at the request of the then owner with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing on notice to adjoining property owners, whose consent to such modification shall not be required; and WHEREAS, the ABCD is the owner of lots 7 and 8 of the Aliano Subdivision and on August 22, 2002 the Town of Southold purchased the development rights to lots 1 through 8 of the Aliano Subdivision, known as Suffolk County Tax Map Nos. 1000-74-4- 4.1 through 4.6 and more fully described in the annexed Schedule "B'; and WHEREAS, the subject premises, lots 7 and 8 of the Aliano subdivision, have been merged into one lot; and WHEREAS, due to the sale of the development rights to the Town of Southold, lots 1 through 8 of the Aliano Subdivision have also merged under separate ownership from lots 7 & 8; and WHEREAS, in recognition of the aforesaid sale of development rights to the Town of Southold, the existing curb cut in the Aliano Subdivision shall be reserved solely for the use of lots 1 through 6, now merged into one lot, and that there now will be a separate curb cut solely for use of merged lots 7 & 8; and WHEREAS, ABCD as owner of merged lots 7 & 8 requests that the Covenants and Restrictions be so modified, conditioned upon the issuance of a curb cut permit from the Suffolk County Department of Public Works and all other required permits and further conditioned on ABCD receiving final site plan approval; and WHEREAS, ABCD for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that said subject premises described herein in the annexed Schedules "A' and "B" shall hereinafter and forever be subject to the following Covenants and Restrictions, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, as more fully set forth below and which constitute modifications to the Covenants and Restrictions dated March 31, 1993 and filed in the Suffolk County Clerk's Office on June 4, 1993 at liber 11631, page 638: 1) There shall be one curb cut on Route 48 for the exclusive use of previous lots 1 through 6 of the Aliano Subdivision, which have been merged into a single 12.25 acre agricultural parcel. There shall be a second curb cut on Route 48 for the exclusive use of previous lots 7 and 8 of the Aliano Subdivision, which lots were merged as required by the Aliano - Pa.qe Three - 9/10/02 Planning Board as part of the Site Plan approval for a proposed nursery school, a use previously approved by Special Permit of the Zoning Board of Appeals of the Town of Southold, Application No. 4969. 2) Other than as set forth in paragraph "1" herein, the common driveway shown on the approved Aliano Subdivision applicable to all lots shall be abandoned; there shall be a common driveway required only for lots 7 & 8 in a separate curb cut. 3) These Covenants and Restrictions can be modified only at the request of the then Owner of the premises with the approval of the majority plus one of the Southold Town Planning Board after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modifications shall not be required; and WHEREAS, as a condition of final approval of the Grace's Place Site Plan, these amended Declaration of Covenants and Restrictions must be recorded with the County Clerk's Office and the liber and page number of the recorded document must be noted on the final subdivision plan; be it therefore RESOLVED, that the Southold Town Planning Board approve the amended Declaration of COvenants and Restrictions and authorize the Chairman to endorse these modifications. Please contact this office if you have any questions regarding the above. Very truly yours, ennett Orlowski, Jr. ~' Chairman Encl. CC: Gregory F. Yakaboski, Esq., Town Attorney Melissa Spiro, Land Preservation Coordinator Tim Caufield, Peconic Land Trust Cover Subject: Date: SEP o 8 SEP 0 9 2002 Southold Town PJall !n9 Bosrd RICHARD J. LAVALLE, P.E. CHIEF DEPUTY COMMISSIONER COUNTY OFSUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OFPUBLIC WORKS CHARLES J. BARTHA, P.E. COMMISSIONER Septemb~6,2002 Mr. Frank Murphy Century 2 I P.O. Box 2 Jamesport, N. Y. 11947 RE: SUFFOLK COUNTY HIGHWAY WORK PERMIT # 48-158, CR 48, Middle Rd. (Grace's Place) Dear Sir: A permit from this Department will be required pursuant to Section 136 of the Highway Law for any improvements this Department deems necessary along the County right-of-way fronting this parcel on the above-referenced County Road. No work is to be commenced upon the County right-of-way until this permit has been secured. h SIGN AND DATE the pennit application in black pen only. Do not make any other marks on this application. Xerox Copies will not be accepted. A 239F REVIEW FEE in the amount of $200.00 is required. This fee is non-refundable and must be in the tbnn of a certified check if the tee is more than $200.00. (Check to be made payable to the SUFFOLK COUNTY DEPT. OF PUBLIC WORKS). SECURITY for this work is required in the amount of $7,500.00. This security must be in the form of one of the following: a) A certified check (payable to the SUFFOLK COUNTY TREASURER) OR b) A bond (bond form enclosed) OR. c) A Letter of Credit. This security will be returned to you upon satisfactory completion of the required work. A PERMIT FEE in the amount of $375.00 is required. This fee is non-refundable and must be in the furm ora certified check if the fee is more than $200.00. (Check is to be made payable to the SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS.) 5. Note any change of the name or address as shown on the permit. Also indicate a telephone number where the applicant can be reached during business hours. waS/MPC/In Enc. Very truly yours, ~' William S. Shannon, P.E. M. Paul Campagnola P~/~mits ~ Director of Highway Planning & (63 I) 8S2-4010 FAX (631 ) 852 - 41 $0 SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS HIGHWAY WORK PERMIT REVIEW FEE SECURITY PERMIT FEE BOND # PERMITTEE [Agri Besine~s Child Development ADDRESS I1576 State St. L Schenectady,NY 12301 F.o # 34 - 7 RETURN SECURITY TO THE fOLLOWING (IF DIFFERENT) PURSUANT TO THE PROVISIONS OF SECTION 136, ART. 6, OF THE NEW YORK STATE H IGIVvVAY LAW, PERIVlISSION 1S HEREBY GRANTED TO THE PERMITTEE TO: Build a street type access as shown on plans that permits rights in/out and lefts in only. Build g0' of cencmte curbing with handicap romps and full depth (6") asphalt pavement, install "Stop" sign @ intersection of access and county mad (R1-1C-30"x30"). Install "No Left Turn' sign (R3-.1-30"x30"). Install thermoplastic pavement markings. Restore the County right-of-way. All work shall be performed in accordance with plans pmvidad by Ricardo E. Campos, R.A, dated 8/25/02 and in accordance with this Dept.'s most recent general, traffic and material specifications and as directed by the County engineer. On the south side of CR 48, Middle Rd., 300' ~,~st of Paul's Lane in the hamlet of Peconic, Town of Southold. Note: Sprinkler systems and or advertising signs are not permitted on County Right of Way, IN THE HAMLET/VILLAGE OF: [Peconic I IN THE TOWN OF: lSouthokl AS SET FORTH AND REPRESENTED ON THE A~rFACHED PLANS, TYPICAL SECTIONS AND PURSUANT TO THIS DEPARTMENT,S GENERAL SPECIFICATIONS. DATE SIGNED: REVIEWED BY PERMITS ENGINEER: (lnldal) CHARLES J. BARTHA, P.E. COMMISSIONER OF PUBLIC WORKS BY: BY: (Permittee) William S. Shannon, P.E. Chief Engineer UPON COMPLETION OF WORK AUTHORIZED BY THIS PERMIT, PLEASE COMPLETE THE FOLLOWING AND RETURN TO THIS DEPARTMENT. WORK AUTHOR]ZED BY THIS PERMIT HAS BEEN COMPLETED, REFUND OF DEPOSIT/BOND IS REQUESTED. DATE: SIGNATURE OF PERMITTEE/AGENT [DO NOT WRITE BELOW THIS LINE ALL WORK AUTHORIZED BY THIS PERMIT IS: ~ ~ COMPLETED, REFUND DEPOSIT/BOND f~] ['] SECURITY REQUIRED. AMOUNT: [] ~-] INCOMPLETE. SEND CORRECTION LE ri'ER. DATE SENT: I~] [] REINSPECTION. DATE CORRECTED AND COMPLETED: [] OTHER i DATE: . . PERMITS INSPECTOR: DATE: . PERMITS ENGINEER: ]lie SUFFOLK COUNTY DEP'I'. OF I'iIBI,IC WORKS IIESERVF~$ TIlE RIGII'F TO SUSPEIND AND/OR RE¥OKE Tills PERMII' AT ITS DISCRWI]ON WlTIIOUT A IIEARi~G OR TIlE NECESSH'y OF 811OWING CA~SE, EITIIER BEFORE OR D~IEI~G TIlE OPERATIONS AUTIIORI~ED. Tills PERMIT SHALl, ~O1 BE ASSIGNED OR TRANSFERRER WIHIO~T T~IE WKIVFEN CON~ENF OF TIlE Al.lo DAMAGED AND/OIl I)I~IUHBEI) AREAS RESIII.'I'IN(~ FRO~4 'IIIE WORR AUIIIORI/.~D ~H51' BE REPAIRE ~ TO TIlE SA'I ISFAE I'ION OF Tills DEP I'. TIlE EOU~T~'S EO~UI.TA~T (1~ A~), IT'S ~B~I' , , , AND PRO[ERiy DAMAGE OF NOT LES ' 'L ~ LIMIT FOR , URAL ~,,,, ,~,*wao t'witM FROPEItTy DAMAGE COVERAGe. NDEPENDEN1 ~OR ' ' g ' ' . REQUIREMENTS AND SAIl) CERTIFICATES SIIALL NAME ~lE COUNTy ~A$ ~ AND AI~O PROVll)E FOR TIlE COON~y OF ~IIFFOLI( AS CERTIFICATE IIOLI~ER AND TllAT TIlE DPON SATiSFAC~ORILY COB~PLETING ALL WORK ADI'IIORI~BI) BY TIIIS PERMIT, tile PERMI YTEE SI ALL PERInOD OF ONE (I) YEAR OR AS I)BTEIIMINEi .REPAIR OF SOCII WORK OR PORTION I'IIEREOF FOR A CERI'IFIEI) CllECK OR LEal'ER OF ...... ~?.llE PERMITS ENGINEER. A SECORITy WAy. ' ' PERMIT #: 48-158 TYPE: NU BOND NO. KNOW ALL MEN BY THESE PRESENTS, that we of 1576 State St..Schenectady,NY 12301 AGRI BUSINESS CHILD DEVELOPMENT (hereinafter called the PRINCIPAL), and the corporation of (hereinafter called the SURETY), as SURETY, are held and firmly bound unto the COUNTY OF SUFFOLK (hereinafter called the OBLIGEE) in the sum of Seven Thousand Five Hundred Dollars And ( $7,500.00 ), lawful money of the United No Cents States of America, for which payment well and truly to be made, said PRINCIPAL and SURETY bind themselves, their successom and assigns, jointly and severally, firmly by these presents. SEALED wffh o~r seals and dated this day of ~ , 19 ___ WHEREAS, the PRINCIPAL has applied to the Commissioner of Public Works, Department of Public Works, Suffolk County, New York, for a permit under Section 136, Article 6 of the Highway Law, for permission to Build a street type access as shown on plans that permits dghts in/out and lefts in only. Build 90' of concrete curbing with handicap ramps and full depth (6") asphalt pavement. Install "Stop" sign ~ intersection of access and county read (R1 -lC-30"x30"). Install "No Left Turn" sign (R3-1-30"x30'). Install thermoplastic pavement markings. Restore the County right-of- way. All work shall bo performed in accordance with plans provided by Ricardo E. Campee, R.A. dated 8/25/02 and in accordance with this Dept.'s most recent general, traffic and material specifications and as directed by the County engineer. On the south side of CR 48, Middle Rd., 300' west of Paul's Lane in the hamlet of Peconic, Town of Southold. WHEREAS, the issuance of such permit is conditioned upon the PRINCIPAL filing a SURETY bond to guarantee constnJction or replacement of curbs, sidewalks, drainage structures, curb cuts and other work deemed necessary by the COMMISSIONER OF PUBLIC WORKS, County of Suffolk, New York, for a period commencing , and continuing in full force and effect until the required work has been completed and accepted by the Commissioner of Public Works of Suffolk County, New York. NOW, THEREFORE THE CONDITIONS OF THIS OPERATION IS SUCH that if the PRINCIPAL, shall comply with such permits as ara issued by the said Commissioner of Public Works under the aforementioned Highway Law, then this obligation shall be void, otherwise it shall remain in full force and effect. ATrEST: By: By: Attorney-in-fact DPW-116 BUILDING DEPARTMENT SUFFOLK COUNTY DEPT. OF PUBLIC WORKS COMMISSIONER 335 YAPIIANK AVENUE YAPHANK, NY 11980 DATE: Dear Sir: In accordance with Section 239f of the General Municipal Law of the consolidated Laws of the State of New York. this is to notify the Commissioner of Public Works of the County of Suffolk that has applied to the Town/V~e for the issuance of a permit in reference to properly located on the: N .~ E W side~c,R. E~5 Distance ,,~,~' ~ -. - N S V.,age _ As shown on the attached survey or site plan (3 copies needed), dated We shall withhold further action on this application for ten (10) business days For the aforementioned Sectioo 239f. Very Truly You, rs, Building Inspector Building Permits Only Date: 9/6/02 APPROVED / ~ to the Town/Village pursuaut to the General Municipal Law subject to the stated conditions: g[RpZEN~ - PERMIT REQUI,,RED-I~IGI-IWAY IMPROVEMENTS TQ BE P. ERFORMED AS SHOWN ON ~'.L~NS PROVIDED BY/C~'O~A.o/a ~'~. ~t~.,pa ~ DATED ~/2 'f'/~2_ REVISED ~ AND AS REVISED BY THIS DEPT. ARE IN GENERAL ACCORDANCE TO THIS DEPT.'S REQUIREMENTS. 8EP 1 0 2111E Board SUFFOLK COUNTY DEPT. OF PUBLIC WORKS CHARLES J. BARTHA, P.E., COMMISSIONER WILLIAM S. SHANNON, P. E. CHIEF ENGINEER vD- Submission HTtlhou! a Cover Le~er SEP u ~ 2002 Southold Town Planr~n~i 13~a~d Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1802 MEMORANDUM BUILDING DEPARTMENT TOWN OF SOUTHOLD TO: Bennett Orlowski, Planning Board Chairman FROM: Michael J. Verity, Building Department DATE: September 6, 2002 REQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION Project: Grace's Place Day Care Location: 31040 County Route 48, Peconic SCTM# 1000 - Section 7~4 - Block 4- Lot 4.~9 Date: May 9, 2001 Revised Date: August 29, 2002 1. ALL BUILDINGS AND USES SHALL COMPLY WITH CHAPTERS 45 AND 100 OF THE SOUTHOLD TOWN CODE. 2. OFF STREET PARKING BY AUTHORITY OF THE PLANNING BOARD. 3. ALL FENCING, SCREENING AND LANDSCAPING BY AUTHORITY OF THE PLANNING BOARD. 4. THE PROPOSED USE Nursery School IS/ARE A PERMITTED USE BY SPECIAL EXCEPTION BY THE BOARD OF APPEALS, IN THIS AC DISTRICT AND IS SO CERTIFIED. * SEE SPECIAL EXCEPTION # 4969- NYS FEDERATION OF PROCESSORS AND GROWERS, INC (N. ALIANO, OWNER). * Certification based on Nursery School use only. ** Certification subject to curb cut approval. Principal Building Inspector JOSHUA Y. HORTON SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (516)-765-1366 v/- JAMES A. RICHTER, .A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 TEL(516)-765- 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD September 9, 2002 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Grace's Place Site Plan SCTM #: 1000- 74- 04 -4.7 & 4.8 Dear Mr. Orlowski: 8EP 0 9 2002 .h.mmnfl As per your request, I have reviewed the revised site plan for the above referenced project. Curb Cut access to the site has been shifted in an Easterly direction. This is primarily due to land preservation efforts within the Town. A revised curb cut permit from the County DPW should be required for final approval. Site access as proposed meets the minimum requirements of the Town. The drainage calculations provided have not been amended to reflect the change proposed. Drainage area "A" should show the placement of all required pools on the Plan and calculations for areas "C", "D" & "E" should be revised and coordinated with the plan. This item should be corrected before the map is signed. The new landscaping required for the project should include the existing Street Trees adjacent to County Route 48. All of the existing Trees that have died in front of the two lots within the project area should be replaced. CC: If you have any questions concerning this report, please contact my office. · ly, /James A. Richter, R.A. Peter Harris (Superintendent of Highways) PECONI'J LAH~ TRI_S~ PECONIC LAND TRUST 296 Hampton Road. PO Box 1~'~'6, $outhamp~n~ NY ! I969 Pitons: (631)253-319~ Fsx: (631)253-0235 FAX TRANSMISSION COVER SHEET PAGE NUMBER OF PAGES INCLUDING THIS COVER SHEET: MESSAGE: PECONIC LAND TRUST- PROTECT OUR HERITAGE ~.~a ~ T,~.i$i ~ ~, ~ ~ .?~ ~,, . DYAN 0 MrlCUEN Notary Pul~lio, ~le ol New York No. O1M0506{)~.08 Qualillea In Kings County ,. NOTICE OF PUBLIC IIFARING NOTIC~ 15 HEREBY GIVEN that, pursuant to Sectioa 274 of the Town Law and Article XXV of the Code of the Town 0f $outhold. a pubhc hearing vail be held by th~ Southol4 Town Planning Bo~l. at the Town Hall. Main Road. Southold. New York in ~id ToWn on the 9~ day or--September, 2002 on the question of the following: 6.'00 P~M. PubUc Heafi~ for tl~e pro- po~d site plan for Hart's [Ordware. The property is located on 5R 25. 9$'West of Jockey Creek D~ive 'm SouthokL Town of Sonthold. County of~ Suffolk, State of N~,~ York. Su~ol~ County Tax M~p-Number 1000-70-5-6.2 6:05 P~M._Public Hearing [o amend the Declaration of .Covemmts and R~UicUons. dated March 3L 1993..as they peruth to Lots 7 & 8 of the approved AU~mo ~ubdivi~ion. Thee amendme~z affect ~e p~opo~ed (}r~ Pk~ Nursery School common curb cut requirement onCR 48 and the relocation of the common driveway which provides access ro the subdivi- sion lots. The propet~ is located m Peconic. bounded by.the LIRR on the south. CR 48 on the n~ 1307' west of Peconic Lane. Town of Southold. County of Suffolk. SUre of l~ew York. Suffolk County Tax Map Number 1000. ?a. ~ ~..7 & 4.8 6:10 P.M. Public Hearing for the pro- posed lot line change for the Floyd F. ~s loc~ed ~'~d #1~ ~n Oh'~C'~'~'u~i~.' Co~ity of Sutfo.l~ Stye of New York. Suffolk Coo~y.~TM #100~24-2-26~2 & 26.3 -Dated: 8~21/02 BY ORDER OF THE SOUTHOLD TOWN PLANNINO BOARD Bennett Orlowski, ~r., Clmmmn 2442.1T Au29 STATE OF NEW YORK) )SS: ~_~,~',d~,~__of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Matfltuck, 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 / weeks succes- sively,.commencing on the ,,~,~' day of ,,~'~c,c/'~" 2~ ~ I~rincipal Clerk Sworn to b~fore me this ~ ~ day of /./Lf%~, .,.~. ~-- 20 (~ ~ LAURA E. BONDARCHUK Notary Public, State of New York No 01 B06067958 Qualified in Suffolk County My Commission Expires Dec. 24, 20-.u~ James F. Matthews Patricia Loftus Matthews Victor L'Eplattenier Senior Planner Town of Southold Southold, NY 11971 Matthews & Matthews Attorneys At Law 191 New York Avenue Huntington, New York 11743 631-673-7555 FAX: 631-425-7030 August 27, 2002 $outhold Town Re:Grace's Place Dear Mr. L'Eplattenier: Attached please find a draft of the Covenants & Restrictions which we have voluntarily offered, and which was requested by a nearby property owner through her attorney. Please advise any suggested changes. I can e-mail the draft so that you have something to work with or make the changes here. Until Sept. 3, you may reach me at 207-667-2681. Thank you for your attention to these matters. Very truly yours, JFM:cc James F. Matthews DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this day of _, 2002, by Agri- Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc., 1576 State Street, Schenectady, New York 12304 (hereinafter referred to as "DECLARANT"). WITNESSETH WHEREAS, DECLARANT is the owner of the premises more fully described in the annexed Schedule "A" (hereinafter sometimes referred to as the "subject premises") and has submitted an application to the Planning Board for the Town of Southold for site plan approval for a nursery school on the subject premises situated in the Town of Southold, County of Suffolk, State of New York, which property is further described on the Suffolk County Tax Map as District 1000-74- 4-4.7 & 4.8; and WHEREAS, the Planning Board of the Town of Southold by Resolution dated _, 2002, has granted conditional final site plan approval to the site plan known as -2- "Grace's Place"; and WHEREAS, pursuant to said Resolution of the Planning Board of the Town of Southold dated ,2002, the Planning Board has required that certain conditions be met prior to final site plan approval, including covenants and restrictions set forth herein; and WHEREAS, the DECLARANT has voluntarily offered to the Planning Board to accept the restrictive covenants set forth herein; and WHEREAS, the DECLARANT is desirous of satisfying all conditions of the Resolution of the Planning Board of the Town of Southold; NOW THEREFORE, the DECLARANT for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that said subject premises described herein in the annexed Schedule "A" shall hereinafter and forever be subject to the following Covenants and Restrictions, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, as more fully set forth below: -3- The use of the subject premises is limited to child care or early childhood development for pre-kindergarten children only. The premises shall not be used after 7 P.M. except for parent meetings no more than four (4) times per month consisting of no more than fifteen (15) persons, including staff and parents, for each such meeting. The use of the premises is limited to early childhood development child care only consistent with the July 19, 2001 decision of the Zoning Board of Appeals of the Town of Southold, Application No. 4969, and that same shall not be used for a gathering place for farm workers or a hiring hall. The premises shall be improved by a one-story building only and there will be no further expansion of the building or the use of the subject property. Any lighting on the subject premises shall be designed in such a manner so that the source of lighting can not be seen from adjacent properties or roadways and the lighting itself shall be designed in such a manner so as not to spray beyond the subject property onto adjoining properties or roadways. Any landscaping on the subject premises shall be continually maintained and replaced when and if same becomes necessary. These restrictive covenants shall run with the land and shall be recorded in the Suffolk County Clerk's Office and shall be enforceable either by the Town of Southold or surrounding property owners. These Covenants and Restrictions can be modified only at the request of the then Owner of the premises with the approval of the majority plus one of the Southold Town Planning Board after a public heating. Adjoining property owners shall be entitled to notice of such public heating, but their consent to -4- such modifications shall not be required. IN WITNESS WHEREOF, the DECLARANT above-named has executed the foregoing Declaration the day and year first above written. Agri-Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc. By: Maggie Evans, Executive Director State of New York ) SS.: County of ) On the __ day of ., in the year 2002 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 -5- Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1802 MEMORANDUM BUILDING DEPARTMENT TOWN OF SOUTHOLr~ TO: Bennett Orlowski, Planning Board Chairman FROM: Michael J. Verity, Building Department DATE: September 6, 2002 REQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION Project: Grace's Place Day Care Location: 31040 CounW Route 48, Peconic SCTM# 1000 - Section 74 - Block 4_- Lot 4.._.~9 Date: Ma,/9, 2001 Revised Date: August 29, 2002 1. ALL BUILDINGS AND USES SHALL COMPLY WITH CHAPTERS 45 AND 100 OF THE SOUTHOLD TOWN CODE. 2. OFF STREET PARKING BY AUTHORITY OF THE PLANNING BOARD. 3. ALL FENCING, SCREENING AND LANDSCAPING BY AUTHORITY OF THE PLANNING BOARD. 4. THE PROPOSED USE Nursery School IS/ARE A PERMITTED USE BY SPECIAL EXCEPTION BY THE BOARD OF APPEALS, IN THIS AC DISTRICT AND IS SO CERTIFIED. * SEE SPECIAL EXCEPTION # 4969- NYS FEDERATION OF PROCESSORS AND GROWERS, INC (N. ALIANO, OWNER). * Certification based on Nursery School use only. ** Certification subject to curb cut approval. Michael J. Verity Principal Building Inspector PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 5, 2002 Mr. Thomas Hubbard, Esq. Decker, Hubbard, Weldon & Swceny 420 Lexington Ave Suite 626 New York, New York 10170 Re; Amended Declaration of Covenants and Restrictions Aliano Subdivision - Lots 7 & 8 SCTM# 1000-74-4.7 and 4.8 Dear Mr. Hubbard; As a result of changes in the Declaration of Covenants and Restrictions required for relocating the driveway and curb cut for a pending site plan application for a nursery school on adjacent lots 7 and 8, your review of the attached C & R's are necessary. While no~hing in these amendments affects your property, all eight lots within the original subdivision were parties to the C & R's, and therefore, your consent to the modifications is requested. Attached is a statement of consent for you notarized signature. The Southold Town Planning Board is meeting to vote on these amendments on Monday, SePtember 9, 2002 at 6:00 p.m. and therefore your prompt reply is appreciated. Cc: G. Yakabowski, Town Attorney V. Scopaz, Town Planner M. Spiro, Land Coordinator V. L'Eplattenier, Senior Planner Very truly yours, Chairman STATEMENT OF CONSENT I, Thomas Hubbard, as owner of a 12.25 acre parcel, Tax Map number 1000-74-4-4.1 thru 4.6, formerly know as Lots 1-6 of the Aliano subdivision on Route #48 in Peconic, have reviewed the amended Declaration of Covenants and Restrictions dated September 4, 2002 and consent to the modifications as they pertain to Lots 7 & 8 of the original Aliano subdivision. Signed, Thomas Hubbard Sworn to before me this day of ,2002. Notary Public Subject: SoutholdTown Matthews & Matthews Attorneys At Law 191 New York Avenue Huntington, New York 11743 631-673-7555 FAX: 631-425-7030 James F. Matthews Patricia Loftus Matthews August 29, 2002 Victor L'Eplattenier Senior Planner Town of Southold Southold, NY 11971 Re:Grace's Place Dear Mr. L'Eplattenier: Attached please find a revised draft of the Covenants & Restrictions involving the curb cut per our discussions this morning. Thank you for your attention to these matters. Very truly yours, JFM:cc James F. Matthews Southold Town DECLARATION OF MODIFICATION OF CO VENANTS AND RESTRICTIONS THIS DECLARATIONmade this day of ,2002, by Agri- Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc., 1576 State Street, Schenectady, New York 12304 (hereinafter referred to as "ABCD") and by the Town of Southold, Town Hall, 53095 State Route 25, Southold, New York 11971-0959 (hereinafter referred to as "DECLARANTS"). WITNESSE TH WHEREAS, ABCD is the owner of the premises more fully described in the annexed Schedule "A" (hereinafter sometimes referred to as the "subject premises"), and has submitted an application to the Planning Board for the Town of Southold for site plan approval for a nursery school on the subject premises situated in the Town of Southold, County of Suffolk, State of New York, which property is further described on the Suffolk County Tax Map as District 1000-74-4-4.7 & 4.8; and WHEREAS, the subject premises are two lots of an eight lot subdivision previously -2- approved by the Planning Board of the Town of Southold (hereinafter referred to as "the Aliano Subdivision"), all of which lots are subject to a Declaration of Covenants and Restrictions dated March 31, 1993 and recorded in the Suffolk County Clerk's Office on June 4, 1993 at liber 11631, page 638 (hereinafter referred to as the "Covenants and Restrictions"), which Covenants and Restrictions provide that there shall be one common curb cut on County Road 48 as shown on the approved map for all eight lots with one common driveway for ail eight lots twenty feet in width, as shown on the approved map to be maintained in equal proportions by all lot owners; and further that said Covenants and Restrictions can be modified only at the request of the then owner with the approval ora majority plus one of the Planning Board of the Town of Southold after a public heating on notice to adjoining property owners, whose consent to such modification shall not be required; and WHEREAS, the ABCD is the owner of lots 7 and 8 of the Aliano Subdivision and on August 22, 2002 the Town of S outhold purchased the development rights to lots 1 through 6 of the Aliano Subdivision, known as Suffolk County Tax Map Nos. 1000-74-4-4.1 through 4.6 and more -3- fully described in the annexed Schedule "B"; and WHEREAS, in recognition of the aforesaid sale of development rights to the Town of Southold, the existing curb cut in the Aliano Subdivision shall be reserved solely for the use of lots 1 through 6, and that there now will be a separate curb cut solely for use of lots 7 & 8; and WHEREAS, ABCD as owner of lots 7 & 8 consents to this change and joins the Town of Southold in requesting that the Covenants and Restrictions be modified, conditioned upon the issuance of a curb cut permit from the Suffolk County Department of Public Works and all other required permits and further conditioned on ABCD receiving final site plan approval; NOW THEREFORE, the DECLARANTS for the purpose of carrying out the intentions above expressed do hereby make known, admit, publish, covenant and agree that said subject premises described herein in the annexed Schedules "A" and "B" shall hereinafter and forever be subject to the following Covenants and Restrictions, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, as more fully set forth below and which -4- constitute modifications to the Covenants and Restrictions dated March 31, 1993 and filed in the Suffolk Cotmty Clerk's Office on June 4, 1993 at liber 11631, page 638: There shall be one curb cut on Route 48 for the exclusive use of previous lots 1 through 6 of the Aliano Subdivision, which have been merged into a single 12.25 acre agricultural parcel. There shall be a second curb cut on Route 48 for the exclusive use of previous lots 7 and 8 of the Aliano Subdivision, which lots were merged as required by the Planning Board as part of the Site Plan approval for a proposed nursery school., a use previously approved by Special Permit of the Zoning Board of Appeals of the Town of Southold. Other than as set forth in paragraph "1" herein, the common driveway shown on the approved Aliano Subdivision applicable to all lots shall be abandoned; there shall be a common driveway required only for lots 7 & 8 in a separate curb cut. These Covenants and Restrictions can be modified only at the request of the then Owner of the premises with the approval of the majority plus one of the Southold Town Planning Board after a public heating. Adjoining property owners shall be entitled to notice of such public heating, but their consent to such modifications shall not be required. -5- IN WITNESS WHEREOF, the DECLARANTS above-named have executed the foregoing Declaration the day and year first above written. Agri-Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc. By: Maggie Evans, Executive Director Town of Southold By: State of New York ) SS.: County of ) On the day of , in the year 2002 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 -6- State of New York ) SS.: County of ) On the __ day of , in the year 2002 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 -7- James F. Matthews Patricia Loftus Matthews Matthews & Matthews Attorneys At Law 191 New York Avenue Huntington, New York 11743 631-673-7555 FAX: 631-425-7030 August 27, 2002 Victor L'Eplattenier Senior Planner Town of Southold Southold, NY 11971 Re: Grace's Place Dear Mr. L'Eplattenier: Attached please find a draft of the Covenants & Restrictions which we have voluntarily offered, and which was requested by a nearby property owner through her attorney. Please advise any suggested changes. I can e-mail the draft so that you have something to work with or make the changes here. Until Sept. 3, you may reach me at 207-667-2681. Thank you for your attention to these matters. Very truly yours, JFM:cc James F. Matthews DECL.dR_d TION OF COVEN/INTS AND RESTRICTIONS THIS DECLARATION made this day of ,2002, by Agfi~ Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc., 1576 State Street, Schenectady, New York 12304 (hereinafter referred to as "DECLARANT"). WITNESSETH WHEREAS, DECLARANT is the owner of the premises more fully described in the annexed Schedule "A" (hereinafter sometimes referred to as the "subject premises") and has submitted an application to the Planning Board for the Town of Southold for site plan approval for a nursery school on the subject premises situated in the Town of Southold, County of Suffolk, State of New York, which property is further described on the Suffolk Cotmty Tax Map as District 1000-74- 4-4.7 & 4.8; and WHEREAS, the Planning Board of the Town of Southold by Resolution dated ., 2002, has granted conditional final site plan approval to the site plan known as -2- "Grace's Place"; and WHEREAS, pursuant to said Resolution of the Planning Board of the Town of Southold dated _, 2002, the Planning Board has required that certain conditions be met prior to final site plan approval, including covenants and restrictions set forth herein; and WHEREAS, the DECLARANT has voluntarily offered to the Planning Board to accept the restrictive covenants set forth herein; and WHEREAS, the DECLARANT is desirous of satisfying all conditions of the Resolution of the Planning Board of the Town of Southold; NOW THEREFORE, the DECLARANT for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that said subject premises described herein in the annexed Schedule "A" shall hereinafter and forever be subject to the following Covenants and Restrictions, which shall mn with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, as more fully set forth below: -3- The use of the subject premises is limited to child care or early childhood development for pre-kindergarten children only. The premises shall not be used after 7 P.M. except for parent meetings no more than four (4) times per month consisting of no more than fifteen (15) persons, including staff and parents, for each such meeting. The use of the premises is limited to early childhood development child care only consistent with the July 19, 2001 decision of the Zoning Board of Appeals of the Town of Southold, Application No. 4969, and that same shall not be used for a gathering place for farm workers or a hiring hall. The premises shall be improved by a one-story building only and there will be no further expansion of the building or the use of the subject property. Any lighting on the subject premises shall be designed in such a manner so that the source of lighting can not be seen from adjacent properties or roadways and the lighting itself shall be designed in such a manner so as not to spray beyond the subject property onto adjoining properties or roadways. Any landscaping on the subject premises shall be continually maintained and replaced when and if same becomes necessary. These restrictive covenants shall run with the land and shall be recorded in the Suffolk County Clerk's Office and shall be enforceable either by the Town of Southold or surrounding property owners. These Covenants and Restrictions can be modified only at the request of the then Owner of the premises with the approval of the majority plus one of the Southold Town Planning Board after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to -4- such modifications shall not be required. IN WITNESS WHEREOF, the DECLARANT above-named has executed the foregoing Declaration the day and year first above written. Agri-Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc. By: Maggie Evans, Executive Director State of New York County of On the __ day of ., in the year 2002 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 -5- Matthews & Matthews Attorneys At Law 191 New York Avenue Huntington, New York 11743 631-673-7555 FAX: 631-425-7030 James F. Matthews Patricia Loftus Matthews Victor L'Eplattenier Senior Planner Town of Southold Southold, NY 11971 August 26, 2002 Re: Grace's Place Dear Mr. L'Eplattenier: Southold Town P nniml Bo d Attached please find a draft of the Covenants & Restrictions we have discussed involving the curb cut. By the terms of the original Covenants & Restrictions, the owners of the entire eight lots would have to join the request. Therefore, I added the Town of Southold as a Declarant, however, I am not sure in whom the 6 lots are titled (Peconic Land Trust?) so we may have to add them as well. Please advise any suggested changes. I can e-mail the draft so that you have something to work with or make the changes here. Until Sept. 3, you may reach me at 207-667-2681. Thank you for your attention to these matters. Very truly yours, James F. Matthews JFM:cc DECLARATION OF MODIFICATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this day of ,2002, by Agri- Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc., 1576 State Street, Schenectady, New York 12304 (hereinafter referred to as "ABCD") and by the Town of Southold, Town Hall, 53095 State Route 25, Southold, New York 11971-0959 (hereinafter referred to as "DECLARANTS"). WITNESSE TH WHEREAS, ABCD is the owner of the prcnnises more fully described in the annexed Schedule "A" (hereinafter sometimes referred to as the "subject premises"), and has submitted an application to the Planning Board for the Town of Southold for site plan approval for a nursery school on the subject premises situated in the Town of Southold, County of Suffolk, State of New York, which property is further described on the Suffolk County Tax Map as District 1000-74-4-4.7 & 4.8; and -2- WHEREAS, the subject premises are two lots of an eight lot subdivision previously approved by the Planning Board of the Town of Southold (hereinafter referred to as "the Aliano Subdivision"), all of which lots are subject to a Declaration of Covenants and Restrictions dated March 31, 1993 and recorded in the Suffolk County Clerk's Office on June 4, 1993 at liber 11631, page 638 (hereinafter refen'ed to as the "Covenants and Restrictions"), which Covenants and Restrictions provide that there shall be one common curb cut on County Road 48 as shown on the approved map for all eight lots with one common driveway for all eight lots twenty feet in width, as shown on the approved map to be maintained in equal proportions by all lot owners; and further that said Covenants and Restrictions can be modified only at the request of the then owner with the approval of a majority plus one of the Planning Board of the Town of Southold after a public heating on notice to adjoining property owners, whose consent to such modification shall not be required; and WHEREAS, the ABCD is the owner of lots 7 and 8 of the Aliano Subdivision and on August 22, 2002 the Town of Southold purchased lots 1 through 6 of the Aliano Subdivision, known -3- as Suffolk County Tax Map Nos. 1000-74-4-4.1 through 4.6 and more fully described in the annexed Schedule "B"; and WHEREAS, the Town of Southold desires that the existing curb cut in the Aliano Subdivision be reserved solely for the use of lots 1 through 6, and further desires that there be a separate curb cut solely for use of lots 7 & 8; and WHEREAS, ABCD as owner of lots 7 & 8 consents to this request and joins the Town of Southold in requesting that the Covenants and Restrictions be modified, conditioned upon the issuance ora curb cut permit from the Suffolk County Department of Public Works and all other required permits and further conditioned on ABCD receiving final site plan approval; NOW THEREFORE, the DECLARANTS for the purpose of carrying out the intentions above expressed do hereby make known, admit, publish, covenant and agree that said subject premises described herein in the annexed Schedules "A" and "B" shall hereinafter and forever be subject to the following Covenants and Restrictions, which shall mn with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal -4- representatives, distributees, successors and assigns, as more fully set forth below and which constitute modifications to the Covenants and Restrictions dated March 31, 1993 and filed in the Suffolk County Clerk's Office on June 4, 1993 at liber 11631, page 638: There shall be one curb cut on Route 48 for the exclusive use of previous lots 1 through 6 of the Aliano Subdivision, which have been merged into a single 12.25 acre agricultural parcel. There shall be a second curb cut on Route 48 for the exclusive use of previous lots 7 and 8 of the Aliano Subdivision, which lots will be merged as required by the Planning Board as part of the Site Plan approval for a proposed nursery school., a use previously approved by Special Permit of the Zoning Board of Appeals of the Town of Southold. Other than as set forth in paragraph "1" herein, the common driveway shown on the approved Aliano Subdivision applicable to all lots shall be abandoned; there shall be a common driveway required only for lots 7 & 8 in a separate curb cut. These Covenants and Restrictions can be modified only at the request of the then Owner of the premises with the approval of the majority plus one of the Southold Town Planning Board after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modifications shall not be required. -5- IN WITNESS WHEREOF, the DECLARANTS above-named have executed the foregoing Declaratinn thc day and year first above written. Agd-Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc. By: Maggie Evans, Executive Director Town of Southold By:. State of New York ) SS.: County of ) On the day of , in the year 2002 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 -6- State of New York ) SS.: County of ) On the __ day of , in the year 2002 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 -7- NEL;tON~ POPE & VOORHIS, LLC CHARLES J VOORHIS, CEP, AICP · ARTHUR J KOERBER, RE * VINCENT G DONNELLY, RE VfCTOR BERT, RE · JOSEPH R. EPIFANIA, RE · ROBERT G NELSON, JR, RE PAUL M. RACZ RLS August 21, 2002 Victor L'Eplattenier Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Traffic Analysis Update Grace's Day Care, Peconic NP&V g02084 Dear Victor: As discussed, the applicant has revised the above referenced project and proposes to relocate the single site access point directly north of the proposed structure. Additionally, you indicated that the development rights of the adjoining "flag" properties to the west have been purchased by the Town of Southold and will therefore not be developed in the future. This eliminates previous concerns of cumulative impacts with regard to site access issues of the project and the adjoining "flag" properties. The applicant is required to obtain the necessary permits and approvals from the Suffolk County Department of Public Works (SCDPW) and it is recommended that the Town defer to the SCDPW with regard to the revised site access. Please feel free to call should you have any questions or require any additional information. Sincerely, NELSON, POPE & VOORHIS, LLC $outhold Town Ptannlncl Board PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 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 $outhold, 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 9th day of September, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed site plan for Hart's Hardware. The property is located on SR 25, 95' West of Jockey Creek Drive in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-70-5-6.2 6:05 P.M. Public Hearing to amend the Declaration of Covenants and Restrictions, dated March 31, 1993, as they pertain to Lots 7 & 8 of the approved Aliano Subdivision. These amendments affect the proposed ~'$ Plaee Iqursery School common curb cut requirement on CR 48 and the relocation of the common driveway which provides access to the subdivision lots. The property is located in Peconic, bounded by the LIRR on the south, CR 48 on the north, 1307' west of Peconic Lane, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-74-4-4.7 & 4.8 6:10 P.M. Public Hearing for the proposed lot line change for the Floyd F. King, Jr. Revocable Trust. The property is located at 225 Private Road #14 in Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County. SCTM#1000-24-2-26.2 & 26.3 Dated: 8/21/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Odowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, AUGUST 29, 2002 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: Suffolk Times Aug-23-02 09:22A Tin~es/Review News:o~p FRO~ : 50UTHOLD ~O~N PLANNING ~I]R~D F~K N~. : ~'~1 ',~o~ ~t~ Aug, 21 2~B2 P~Oi P1 P.O. Box 1179 5~1095 Route 25 Southotd, NY 11971 Phone: (631) 765-1938 Fax: (631) 765-313B E-Mail: plan ning4~southold.o rg P~e. aae print the following legal ads in the ~9/02 edition. Thanks. 9/9/02 Regular Meeting: 6:00 I~.m. Harts Hardware Site Plan 6:05 p.m. AJiano Approved Subdivision, amendmen~ to Oovenantm & Re~'tric~ions 6:10 p-m. FIoycl F. King, Jr. Revocable Trust Lot Une Cl~nge K~fldly ecknowledge moelpt by signing below and f~ing cover letter b~ck, PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 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 9th day of September, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed site plan for Hart's Hardware. The property is located on SR 25, 95' West of Jockey Creek Drive in $outhold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-70-5-6.2 6:05 P.M. Public Hearing to amend the Declaration of Covenants and Restrictions, dated March 31, 1993, as they pertain to Lots 7 & 8 of the approved Aliano Subdivision. These amendments affect the proposed Grace's Place Nursery School common curb cut requirement on CR 48 and the relocation of the common driveway which provides access to the subdivision lots. The property is located in Peconic, bounded by the LIRR on the south, CR 48 on the north, 1307' west of Peconic Lane, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-74-4-4.7 & 4.8 6:10 P.M. Public Hearing for the proposed lot line change for the Floyd F. King, Jr. Revocable Trust. The property is located at 225 Private Road #14 in Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County. SCTM#1000-24-2-26.2 & 26.3 Dated: 8/21/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Odowski, Jr. Chairman 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 21st day of August, 2002 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 9~9~02 Re.qular Meeting: 6:00 p.m. Public Hearing for the proposed Site Plan for Hart's Hardware SCTM#1000-70-5-6.2 6:05 p.m. Public Hearing to amend the Covenants & Restrictions of the Approved Aliano.Major Subdivision SCTM#1000-74-4-4.7 & 4.8 6:10 p.m. Public Hearing for the proposed Lot Line Change of Floyd F. King, Jr. Revocable Trust SCTM#s:1000-24-2-26.2 & 26.3 Car(~l K~iin ' - Secretary, Southold Town Planning Board Sworn to before 'me this day of ~-~/~,-/-- ,2002. Notary Public UNDA J. CooPER Notary Public, State of New York No. 4822563, Suff,o~k Co~n~ Term Fxpires December 31, NOTICE OF PUBLIC IIEARING NOT~CE IS HEREBY GIVEN that~ pursuant to S~ction 27~ of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by th~ Southold~ Town planning Board, at the Town l~all. Main Rc~d. $outhold, New York in said Town on the 9~h day of~Septmnber, 2002 on the question of the following: 6:00 P.M. Publ/c Heating for the pro- po~ed site plan for H~'s Ha~ware. The property is located on SR 25. 95' West of Jockey Creek Drive 'in Southold. Town of So,.hold, County of~ Suffolk, State of NgW York. Su~ol/c County Tax Map-Nul~0er 1000-70-5-6.2 6:05 P.M. Public Hearing to amend the Deel~ration of ,Covenants Re~dc~ions. daU:d March 31. 1993. as they pertain to Lots 7 & 8 of the approved ~ ~io~. The~e amendmegCs ~ffect {he p~oposed Grace's Place Nursery ~chool common curb cut requirement on CR $8 and the relocation of the common d~vcway which provides access [o the subdivi- sion lots. The property is locatod m Peconic, bounded by.the LIRR on the south. CR 48 on the ~orth. 1307' west of Peconic Lane. Town' of Southold. County of Suffo&. Stste of l~ew York. Suffolk County Tax Map Number 1000- 7~, ~, ~,.7 & 4.8 6:10 P.M. PubL/c Hearing for the pro- posed lot line chan~e fo~ the Floyd King, ]r. Re~i~V~ ~be property ~c4 ~ou~d~cl~' C~unty of Suffolk, S~e of New York. Suffolk Coum'~.%'-'rM ~1000-24~2-26.2 & 26.3 'Dated: 8/'21/02 BY ORDER OF THE SOU'IHOLD TOWN PLANNING BOARD -Bennett Oriowsk/. ~r.. Cha/rman 2442- I T Au29 STATE OF NEW YORK) )SS: CO~ OF SUFFOLK) ~ ~' 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 ,/ weeks succes- sively, _commencing on the ..~.~ day of .~¢~'~- ¢,Lf~"' 20~-~ rincipal Clerk Sworn to b~fore me this ~ O day of ?~J-y~..~/~ 20 0 ~ O ' LAURA E. BONDARCHUK Notary Public, State of New York No 01 S06067958 Qualified in Suffolk County 20_.~.- My Commission Expires Dec. 24, PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RI CI-J. ARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR, JR. P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 August 13, 2002 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Frank Murphy c/o Century 21 P.O. Box 2 1146 Route 25 Jamesport, NY 11947 Re: Approved Major Subdivision of Nicholas Aliano Located in Peconic, bounded by the LIRR on the south, CR 48 on the north, 1307' west of Peconic Lane SCTM#1000-74-4-4 Zone: A-C Dear Mr. Murphy: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, August 12, 2002: BE IT RESOLVED that the Southold Town Planning Board set Monday, September 9, 2002, at 6:05 p.m. for a final public hearing to amend the Declaration of Covenants and Restrictions, dated March 31, 1993, as they pertain to Lots 7 & 8 of this approved subdivision. These amendments affect the proposed Grace's Place Nursery School common curb cut requirement on CR 48 and the relocation of the common ddveway which provides access to the subdivision lots. 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 Hall. Please return the enclosed Affidavit of Posting, proof of certified mailing, AND the signed green return receipts from the certified mailings on the day of the public hearing before '12:00 noon. The sign and the post need to be returned to the Planning Board office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, Chairman Encl. Southold Town Plannin.cI Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a site plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-74-4-4; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is to amend the Declaration of Covenants and Restrictions, dated March 31, 1993, as they pertain to Lots 7 & 8 of this approved subdivision. These amendments affect the proposed Grace's Place Nursery School common curb cut requirement on CR 48 and the relocation of the common driveway which provides access to the subdivision lots. The property is located in Peconic, bounded by the LIRR on the south, CR 48 on the north, 1307' west of Peconic Lane; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 3 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; That a public hearing will be held on the matter by the Planning Board on Monday, September 9, 2002 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 $outhold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Agri-Business Child Development/Grace's Place Date: 8/19/02 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(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 (including green cards) I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on Your name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDA VI T AND CERTIFIED MAlL ,RECEIPTS ON TIlE DAF OF. OR A T THE PUBLIC HEARING Re: Amending Declaration of Covenants & Restrictions, dated 3/31/93 - Lots 7 & 8 $CTM#: 1000-74-4-4 of the approved Aliano Major Subdivision. Date of Hearing: Mon. ~ 9/9/02, 6:05 p.m. § 58-1 NOTICE OF PUBLIC ~HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC ItF2d~ING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995: Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public Or private street which the property involved in the application abuts, giving notice of the application, the nature of the appreval sought thereby and the time and place of the public hearing thereon~ The sign shall be set back not more than ten (10) feet from the property line. The sign shall be 'displayed. for a period of not less than seven ('/) days ]mm4~U~te~ preoedtng the date of the pubUc hoarlllg. · ho applicant or hi .~her ageat shall file an affidavit that s/he has cemplied with this provision. C. By requiring the applicant to send notice to the owner~ of record of every property which abuts and every property which is across from any public or private street 5801 AGRI-BUSINESS CHILD DEVELOPMENT GRACE'S PLAC 1000-74-4-4 To amend the Declaration of Covenants and Restrictions. dated March 31 t~ ~= they pertain to Lots 7 & 8 of this approved subdivision. These amend~nents affect the ~1~o'1~ Grace's Place Nursery School common curb cut requirement on CR 48 and the relocation of the common driveway which provides access to the subdivision lots. MON.- SEPT. 9, 2002- 6:05 P.M. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMEILS KENNETH L. EDWARDS MARTIN SIDOR, JR. P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August13,2002 Mr. Frank Murphy c/o Century 21 P.O. Box 2 1146 Route 25 Jamesport, NY 11947 Re: Proposed Site Plan for Grace's Place Located on CR 45, Peconic SCTM#1000-74-4-4.7 & 4.8 Zone: A-C Dear Mr. Murphy: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 12, 2002: BE IT RESOLVED that the Southold Town Planning Board hold open the final public hearing regarding the proposed site plan for Grace's Place Day Care Center, which was opened on May 13, 2002. The next regularly scheduled Planning Board Meeting will be held on September 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, nett Odowski,~-~ Chairman PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Frank Murphy C/o Century 21 Post Office Box 2 1146 Route 25 Jamesport, NY 11947 August 7, 2002 Re: Grace's Place Nursery School SCTM# 1000-74-4-4.7 & 4.8 Zone 48 Dear Mr. Murphy: In accordance with our telephone conversation today, listed below are the items needed to complete the Planning Board site plan review on the above project: 1. A letter requesting modificatioBs of the Aliano subdivision Covenants & Restrictions to allow for the relocation of the driveway to lots 7 & 8. This will then allow colnmencement of the public hearing requirements outlined in the C & R's, dated 6/4/93. 2. A revised drawing showing the driveway relocated to lots 7 & 8, and providing access to the school. 3. Landscaping modification to reflect the relocated driveway, developed in accordance with the Route 48 corridor study and the State Scenic byways ~to, 2 ~,~,. I ~l.o,a~ ~o r~l~ th~ ~' process to be completed · e_,~,~.~,~. ~ow~,ng ~en~ce, (rotan ~st 12, 2002, the Plying "~~~~~'~ *~" in once tern' r ..... ~. g ~ p De ~, ~uuz. . ~te ~ ~ h,~r 154 1025~-97~B-0179 Domstic R~Um R~ipt To; From: Subject: Date: Planning File Victor L'Eplattenier Grace's Place Nursery School SCTM# 1000-74-04-4.7 & 4.8 August 6, 2002 On this date the following events transpired regarding the above project. Memorandum for the File At the direction of the Planning Board, I met with the Town Attorney, Greg Yakaboski to discuss the requirement of the Aliano subdivision, with was approved in 1993, that a public heating must be held to amend the C & R's regarding the single curb cut into the subdivision. Inasmuch as the existing location, outlined on the approved subdivision map dated 2/18/93, needed to be modified in view of the Town's purchase of the remainder of the Aliano subdivision, it was considered timely to hold the required public hearing in conjunction with Grace's Place site plan hearing, since their access also had to be moved to the front of lots 7 & 8 to provide direct access to the proposed school. A strong planning rational was discussed regarding the need for moving and realigning the curb cut to provide access to the school in a safe manner, and to protect the welfare of young children and parents using the facility. Inasmuch as the nursery school would create a new traffic pattern accessing busy Route 48 and the driveway was a critical element, it was considered appropriate for the Planning Board to insist on safety and protection as its first priority. Greg and I also discussed other ways to improve the sites accessibility, expand sight distances, and modify landscaping slightly with respect to Route 48 scenic by-ways objectives and good management practice policies. I briefed Valerie Scopaz, who suggested that we draft a resolution for the August th · 12 meeting providing public notice for amending the subdivision C & R's and to draft language for review with Town Attorney Greg Yakaboski and Melissa Spiro to correctly amend to C & R's She further directed me to continue to work with the applicant to insure the correct steps were taken to request the C & R's and to continue to work on relocating the driveway onto lots 7 & 8. Upon informing Frank Murphy, applicant's representative, he stated, "We won't do it," and indicated his clients would be filing a Federal Anti-discrimination lawsuit, because of "delays". Although reminded that the Planning Board was dealing only with technical issues that required public hearings and a final vote on the site plan, the applicant remained unwilling to cooperate in the process outlined by the Town Attorney. 5. A letter to the applicant was sent outlining the required steps to continue the review, if they choose to continue. * * * COMk .~ICATION RESULT REPORT TRANSMITTED/STORED : AUG. 7.2002 9:17AM ~DDRESS ~224449 ( AUG. ?. 2, 9:18AM FAX HEADER: P. 1 SOUTHOLD SUPERVISORS RESULT PAGE OK 1/1 Certified Fee Postmark Return Receipt Fee (Endorsement Required) Here Restricted Delive~ Fee (Endorsement Required) Total Postage & Fees PLA.N/qlN'G BOARD OFFICE TOV~T OF SOUTHOLD l~r. Fr~mU Murphy C/o Cenrary 21 Post Of Sco Box 2 3~esp~ ~ 11947 ~e's P~e ~ School Aug~at ?, 2002 Dcm* Iv~. Murphy:. provid/~ acc~$ to thc sahool. Very t~ly yours, S ~'nior Plaxmc'r Cc: V. Scopa.z pla.~,',i,-,g Board G- Yakaboski, Tow'n Atto~n~F Planning Board, Town of Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Dear Chairman Orlowski and Board Members: July 16, 2002 Re:Grace's Place Southoid Town I would like to take this opportunity to reiterate Agri-Business Child Development's commitment to the construction of Grace's Place on the agency's 4.6 acre parcel on County Route 48 in Southold. This project has required tremendous amounts of effort and energy on the part of many individuals within this agency in conjunction and collaboration with many different State and Federal agencies. It has been over a year and a half that we have devoted to developing Grace's Place in Southold and well over five years since the agency's initial investigation into the need for our services on the Eastern end of Long Island. During the course of this five year process, the agency has sought funding for the construction of this 7,000 square foot building from Federal, State, public and private resources. We have been successful in obtaining grant awards towards this construction project from the U.S. Department of Health and Human Services, the NYS Housing Finance Agency, the NYS Office of Children and Family Services, the NYS Department of Agriculture and Markets, the "All for Kids' Sake" Foundation (Rosie O'Donnell foundation), and small amounts of donations from private citizens. Deviating from the course which has led us to these last few steps in the approval process would not be feasible at this juncture; it would be contrary to every grant awarded and funding received. The loss of significant amounts of incurred expenses in relation to this project (architect fees, Phase I and II environmental studies, engineer costs, legal fees, site surveys, soil testing, archeological survey, etc.) if we were to alter course at this point would be irresponsible and not cost effective for this non-profit agency. It is with the spirit of collaboration and on behalf of this agency, that I implore you to continue with the approval process. There is no question in my mind that Grace's Place will have New York State Federation of Growers and Processors' Associations, Inc. 1576 State Street, Schenectady, New York 12304 (518) 346-6447 FAX (518) 346-6440 nothing but a positive impact on this community. I look forward to continuing to work with the town of Southold on this project. We are committed to meeting the needs of children and families in Southold; if future opportunities exist and funding is available, the agency would be amenable to working closely again with the Town in providing services to the local community. Please do not hesitate to call if you should have any questions whatsoever. Very truly yours, Mag~gt~ M. Evans Executive Director Mr. Joshua Horton, Supervisor, Town of Southold Mr. Victor L'Eplattenier, Planning Department, Town of Southold t// Mr. Jim Matthews, Matthews & Matthews Sr. Jean Rathgaber, ABCD Director of Development PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman V~ILLIAM J. CREMERS KENNETH L. EDWARDS RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 2002 Mr. Frank Murphy cio Century 21 P.O. Box 2 1146 Route 25 Jamesport, NY 11947 Re: Proposed Site Plan for Grace's Place Located on CR 48, Peconic SCTM#1000-74-4-4.7 & 4.8 Zone: A-C Dear Mr. Murphy: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 8, 2002: BE IT RESOLVED that the Southold Town Planning Board hold open the final public hearing regarding the proposed site plan for Grace's Place Day Care Center, which was opened on May 13, 2002. The next regularly scheduled Planning Board Meeting will be held on Au{lust 12, 2002 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~ Chairman II. ABCD Center at Southold, Long Island Basic Information Summary A. Applicant Name: B. New York State Federation of Growers' and Processors' Associations, Inc. D/B/A Agri-Business Child Development. Address, Telephone Number: 1576 State Street, Schenectady, New York 12304, (518) 346-6447, Fax (518) 346-6440 Contact Person: Maggie M. Evans, Executive Director Site Location: Southold, Long Island Facility Description: The building is approximately 7,000 square feet. We are proposing to support 8 classrooms, made up of two infant classrooms with 8 infants each, two Waddler classrooms (up to 18 mths) with 8 Waddlers each, two Toddler classrooms (18mths - 3 year olds) with 8 Toddlers each, and 2 Pre-School classrooms, with 14 Pre- Schoolers in each. Office space includes a separate room for the Health/Digabilities Coordinator to treat children, and office space for the Administrative Staff. The total licensed capacity will be 76 children. We will be providing comprehensive early childhood development services for Migrant, Seasonal, and Local Agricultural Workers' (LAWS) children aged 6 weeks to 6 years old. These services include Education, Socialization, Medical (Dental/Physical/Mental Health), Nutrition, Physical Development, and Services to Children with Disabilities Applicant Background ABCD's strengths are in the provision of quality care for infants, toddlers, and Preschoolers. These strengths include knowledge of the resources available in each of the communities to be served, staffing reflective of the culture and language in each of the communities/families to be served, and an agency culture which fosters caring and respect. ABCD serves over 1,600 children each year in 11 licensed Centers. Seven out often of our Centers statewide are NAEYC accredited. The rest are in the process of becoming accredited. The agency owns, mortgage-free, seven of the eleven Center buildings; 4 Centers are rental facilities. In many of the rural communities in which our Centers are located, there simply are no other existing programs that could be effectively utilized. ABCD has been in existence for fifty-six years as a non-profit, single-purpose child development organization. Our staffnumber approximately 250 year-round. ABCD structure includes a support core based in our state headquarters (Schenectady, NeTM York). The state office provides all bookkeeping, accounts payable, payroll, benefits and grants management for all our programs. The Executive Director and Finance Director are also housed there.. Our structure is led by the Board of Directors, with membership from our existing Head Start Policy Council and Migrant Head Start Policy Committee. The Executive Director is also the Head Start Director. This was designated to ensure program integration at all levels and avoid unnecessary duplication. Directors of Program Operations work in conjunction with Center Directors and Staffat the local level to ensure continuous quality improvement through self assessment. JUL 0 Zuuz $o: thold Town III. DemonsCration of Need and public Benefit - Short narrative explaining why there is a need for the facility: · Our target population is the children of the working poor. ABCD's goal is to insure that the infants, toddlers, and pre-schoolers of migrant and seasonal farmworkers on Long Island are not sitting in trucks at the edge of fields or playing in unsafe environments. We will be providing services for children aged 6 weeks to 6 years old beginning with transportation pick-up at 7 a.m. and drop off beginning at 5 p.m. The English language is a major barrier faced by Migrant and Seasonal farm workers (whose primary language usually is Spanish). ABCD strives to employ staffthat reflect the children we serve. Every classroom has at least one bilingual Spanish speaking staff present. Migrant children often.lack the opportunity for receiving good, consistent health care and nutrition. We provide these services through collaborations with local health clinics and Providers, and the Center would provide 2/3 of the USDA nutritional requirements for children. We anticipate that the Center will have a licensed capacity of 76 children. The Center will be at full capacity during the June through November months. In addition, tWO thirds of the enrolled children will remain during the Winter and Spring months. Even though we will be licensed for 76 children at one time, because of the nature of farm work, (children come and go with the cycles of the agriculture), we anticipate serving a total of approximately 150 children. The extensive child development services that ABCD provides is fully subsidized for Migrant, Seasonal, and Local Agricultural families. The agency is supported by State funds through the New York State Department of Agriculture and Markets (about 55% overall), by funds from the Office of Children and Family Services (about 20%), by Federal funds via East Coast Migrant Head Start (ABCD is a delegate agency) (about 20% of all funds), by the Child and Adult Care Food Program (about 5%), and through various other grants/resources (about 5%). These same funding sources have stated that they will support our efforts on Long Island. IV. Description of Proposed Facility. We are proposing to build a 7,000 square foot building on a 4.6 acre site that is within the town of Southold, New York. Most municipal approvals are in place with Final Site Plan approval expected in mid-May 2002. Construction bids were opened April 9~, 2002 and awarding of the construction contract will take place the week of April 15th, 2002. In addition to the land, site development, and building costs (totaling approximately $1,300,000), it will require another $106,000 to equip the eight classrooms. Playground development and equipment will cost $86,000. Computers, office furniture and equipment will cost an additional $30,000. Total anticipated start-up expenses therefore amount to $1,522,000. Please see Town of Southold Planning Department for final site plan and specs. Office Locations: · Administrative Office: Schenectady Regional Office: Rochester Fredonia Goshen Orleans Seasonal Centers Olcott NeW york State Federation of Growers' and Processors'Association, Inc. ~hild Development (ABCD) has provided · Migrant, Seasonal and local farmworkes families .,ldren and other rural poor since 1946. As a non-profit .ovider of comprehensive childhood developmental services for infants, toddlers and pre-schoolers~ the agency serves on average 1 500 ~hi dren iti twenty rural New York State locatlp~. SERVICES FOR AGRICULTURAL FAMILIES .... eabh a~y in o~der to nutritional bre~tkfast, lunch, and a snack of their daily Health/Dental - children recmve a complete examination. including vision and hearing tests, identification of disabling conditions, immunizations, and a dental exam. Parent Involvement - parents are the most important Agri-Business Child Development Mission Statement The mission of Agri-Business Child Development is to foster the optimal social, intellectual and physical growth of the children of Migrant, Seasonal and local farmworkers and Seneca Head Staxt families. The agency continually strives to provide the best early childhood services possible. Core agency values are a deep and abiding respect for families and their labor, love and commitment to children, enthusiasm for creating a learning environment which supports children, parents and staff and valuing all aspects of diversity. ABCD's com. mitment to parent involvement, human resource development, and quality improvement assure the on-going growth of program services at the center level. SO kJ- J LD TOWN SOUTHOLD TOWN JOINS SUFFOLK COUNTY AND FEDERAL GOVERNMENT IN WASHINGTON, D.C. · ~FEDERAL FARM BILL" Supervisor Horton speaks at farmland preservation press conference I' n an effort to discuss issues affecting Long Island farming including fed- eral funding for farmland preservation through the new Farm Bill, Southold . Town Supervisor Joshua Horton accompanied Riverhead Town Supervi- sor Bob Kozakiewicz, Southampton Town Supervisor Skip Hearty and Long Island Bureau Executive Director Joe Gergela to the Washington, D.C. Lobby Days March 18 - 20. The team met with New York Senators Hillary Clinton and Chuck Schumer and Congressional Leaders Felix Gmcci, Larry Comhest, Gary Ackerman, Steve Israel, Peter King and Carolyn McCarthy. The result of these efforts was a 20-time increase in farmland preserva- tion funding nation wide. Senator Clinton invited Supervisor Horton to speak at a press conference with her and County Executive Gaffney about Farmland Preservation. The Supervisor stated, "I am inspired by the People of Eastern Long Is- land because for years they have been willing to shoulder the burden of farm- land and open-space preservation. Year after year passing multi-million dollar preservation bonds and mandating a community preservation fund that has and continues to generate millions of dollars for this cause. When 1, Supervisor Heany, Supervisor Kozakiewicz, Joe Gergela and the rest of the Long Island Farm Bureau representatives traveled to Washington D.C. continued on page 3... $outhold Designated as a Scenic Byway / Byway in Southold Town was successfully nominated to the New York State Scenic Byways System. rtions of R( ute 25, County Road 48, Sound Avenue and along the Long Island Sound and Great Peconic/ :. In order I ~ be considered, the town was required to submit a vision statement and ~.~'~'"~x~/ nv~ronmen al and h~.stom resources along the corridor, together w~th a comprehensive The effort, organized by the North Fork Trail Scenic Byways Steering Committee, } ~~[ that will enable us to enhance tourism, promote economic ( q/~alifies i development and make improvements to the byway. RECEIVER OF TAXES MARILYN QUINPANA FORMER TRUSTEE AND FORMER DEPUTY SUPERVISOR FRANK KUJAWSKI FORMER TAX ASSESSOR CHARLES WATTS BOARD OF ETHICS MEMBER DR. JOSEPH CHIARAMONTE LANDMARK PRESERVATION COMMISSION MEMBER RALPH O, WILLIAMS, JR, FORMER BUILDING DEPARTMENT EMPLOYEE VIOLA ZEISS Mattituck Inlet has a,pulse of its own. As Southold Town s only navigable inlet connected to the L.I. Sound and the host of some of the East End's most pre- cious ecosystems, commercial fisheries, maritime heritage and recreational vessel traffic we must be sure to not only protect the inlet, but to interact with it respectfully being ever mindful of our impact on the environment. Making Progress for Mattimck lnlet--C~mgre~sman Gruc~q presents a check for $100,00) to Supervisor Horton a~ Doris and Ron MrGreevv h~ok The shoaling of the inlet mouth is a well-known dilemma. The federal channel guiding the flow of traffic is in need of dredging. This is no small undertaking but when put against the backdrop of all that the inlet provides (commerce, public safety, etc.) there is little comparison. We must have a channel that is safely navigable. We have brought to the table the players needed to accomplish this task (Congressman Grucci, Senator Lavalle, U.S. Army Corps of Engineers and the U.S. Coast Guard). All agree that the time to dredge has come. The Army Corps has put together a budget for the project and Con- gressman Grucci has requested that congress approve the project funding. We will keep you posted on further developments and progress. The Southold Varsity Girls' Basketball Team ("Settlers") is the first basket- ball team on the North Fork to make it all the way to the Final Four. This amazing group of young ladies exhib- ited talent, dedication, spirit, and team- work that resulted in an amazing run of wins. Sincere congratulations to Joanna Ahlatis, Emily Frankel, Lisa "Settlere' being presented with basketball and proclamation. Grodski, Amy Reuschle, Mariel Schlecht, Kathryn Smith, Elaine Thomspon, Betsy VanBourgondien, Holly Perry, Samantha Payne-Markel, Coach Pete Salerno and his assistant, Dan West. R FEATURED DEPARTMENT by Karen McLaughlin, Director Mission Statement: To assist senior residents of Southold Town to be as independent as possible and to remain at home and in the community for as long as possible. Through advocacy, development and delivery of cost effective policies, programs and services, we can support and empower seniors and their families and improve their quality of life. I would like to highlight just a few of our many programs: Congregate Dining Program: Provides a hot and nutritious meal to senior participants, age 60 and older (and spouses of any age) five days a week at 12:00 noon. All menus are reviewed by a registered dietician at the Suffolk County Office for the Aging and furnish at least 1/3 of the current daily recommended dietary allowances. Participants are also provided with socialization, nutrition education and counseling, transportation, health promotion and recreation activities, outreach and information and referral. Reser- vations: 298-4460; voluntary contribution of $2 per meal. Human Resource Center, 750 Pacific Street, Mattituck. Please join us!! Senior Adult Day Care: A structured, comprehensive program providing the functionally im- paired with socialization, supervision and monitoring, personal care, and nutrition in a protec- : tive setting during any part of the day, but for less than a 24-hour period. Respite is granted to caregivers while providing a meaningful day for the participants. Reservations: 298-4470; vol- untary contribution of $14 for breakfast, noon meal, aftemoon snack, and transportation. Residential Repair Program: Provides household assistance with chores that do not require skills of a licensed craftsman to renters and homeowners, 60 years and olden The homeowner pro- vides all materials and supplies, priority is given to low income and low income minority eld- erly. Register at 298-4460. Essential Transportation: Demand responsive/medical escort passenger trips to medical ap- pointments, hospital outpatient testing. Regular route - passenger trips to and from the Human Resource Center for Congregate Dining or Adult Day Care. We now provide transportation to the grocery store, shopping, etc. Please call 298-4460 to register. Introducing Katinka House -.~ The New Home of the Southold Town Senior Adult Day Care Anew that incorporates the Best Friends Philosophy program, of Alzheimer s Care by Virginia Bell and David Troxel in a sensory interactive environment designed by Carol Betty. The space is open, barrier free and homeJike. The design stimulates the at- tention of clients with cognitive impairments by the use of their five senses. The calm space is visually attractive with a large library and a bright, airy sunroom. In the surtroom pleasant meals and healthy snacks are delivered by the Nutrition Center. The space is used for all table games and fine motor activities. The library contains many age appropriate books with brightly color pictures that are easy to handle. A wide variety of music is played throughout the day and used during the aftemoon for large motor games and exercises. The music area is complete with musical instruments and songbooks. The art expression area provides a choice of materials for our clients to create unique works of art. The design offers options for tactile exploration around the living room area. A large tube screen television equipped with Sennbeiser Direct Ear Infrared Wireless listening devices allows both sight and hearing impaired clients to enjoy presentations f¥om the VCR and DVD players. Aromatherapy is used in the "quiet corner" with fuzzy, warm, soft textures and quiet relaxing music. The normal schedule of activities to reinforce the participant's memory, fine motor skills and language abilities continue. The Adult Day Care received a grant from the AARP Andros Foundation in conjunction with Comell Cooperative Extension and the Atlantis Aquarium to provide marine activity programs for seniors. This program includes the operation of a large aquarium with tropical fish which as been shown to be effective in reducing anxiety. Edu- cators from Atlantis conduct weekly lessons on a variety of marine topics. Special marine games have been designed to reinforce the information taught each week. A new innovative non-medical quality of life assessment tool is being used to evaluate the panicipant's responses. Please call Carol Betty at 298-4470for more information. ~FEDERAL FARM BILL 'cominued from page [... to lobby our federal government on the Farm Bill, we did so on this premise: Our communities are not looking for a hand out. We are not interested in a federal subsidy. We are looking for another parmer in preservation. An investor if you will. An investor that will work with our towns in achieving the long term objective of continued agriculture on Long Island. "Our track record is laden with success and credibility. But now, with the heat of development turned up we need another part- ner and access to funds ~hat will strengthen our ability to prese~e this industw that provides an essential economic base to the State of New York. I strongly urge the tkderal government to ~eat the prese~ation potion of the F~ Bill not as ano~er subsidy pro- gram, but as a matching gr~t program. It is time to acknowledge and join communities that have taken proactive roles in fa~l~d presewation as we have done here on Long Isled." VISIT OUR PARKS & BEACHES Permits necessary, available at Town Clerk's Office: LAUREL LAKE PARK: Route 25 in Laurel, includes an informatiou center, ball fields, playground. Adjacent to state land for fishing which requires a NYS License, obtained at the Town Clerk's office. MATTITUCK CREEK BOAT LAUNCltING RAMP: Route 48 in Mattituck, includes parking and boat launching. NEW SUFFOLK BEAC}I: Located on Jackson Sheet and provides life- guards, beach attendants, boat launching ramp and parking facilities. TASKER PARK and COCHRAN PARK: Located across the street from one another on Peconic Lane, Peconic, these parks include baseball fields, tennis courts, playground, restrooms, roller hockey, track field, and a foot- ball field. And there's more to come! GOL1)SMITH INLET: Sound front property along the west side of Goldsmith's Inlet, Mill Road in Peconic, no lifeguards. KENNEY'S BEACH: Located at the end of Kenny's Road, Southold, over- looks the Sound and has lifeguards and restrooms. MCCABE'S BEACH: Just east of Kenney's Beach on North Sea Road, overlooks the Sound and has lifeguards and restrooms. GOOSE CREEK: Overlooks Southold Bay on North Bayview in Southold, has lifeguards, a playground and restrooms. TOWN BEACH: Route 48 (North Road) in Southold on the Sound. In- cludes restrooms, playground, picnic area, beach wheelchair, and shade for wheelchairs, lifeguards, and beach attendants. SKIPPER HORTON PARK (Chamber of Commerce): Route 25 in Oreanport with an information and picnic area. NORMAN E. KLIPP PARK, also known as GULL PONl) BEACH: Manhanset Avenue, Greenport, on the bay and overlooking Shelter Island. Includes a large parking area, boat launching ramp, playground, lifeguards, and beach a~endants. ECRWSS POSTAL PATRON I L PERMT#106 j James F. Matthews Patricia Loftus Matthews Matthews & Matthews Attorneys At Law 191 New York Avenue Huntington, New York 11743 631-673-7555 FAX: 631-425-7030 e-mail: jimmatthewslaw~aol.com Planning Board Town of Southold Town Hall Southold, New York 11971 Dear Chairman and Board Members: July 1, 2002 Re: Grace's Place JUl. 0 $ Southold Town Planning Board We are counsel to Agri-Business Child Development, a division of the New York State Federation of Growers and Processors, Inc. ("ABCD"), and respectfully submit the enclosed summary of the history, mission and purpose of Grace's Place for your consideration and to be included as part of the record in the pending application for site plan approval. As the Board is well aware, the subject matters placed before the Planning Board at the public hearings held on the final site plan approval are for the most part not proper matters for consideration in this particular application. Nevertheless, we thought it prudent to include these materials so that there may be no doubt as to the qualifications and track record of the fine organization that will operate Grace's Place, and to confirm that we are in all respects in full compliance with all applicable code requirements. We also thought it would be helpful for the Board to be fully aware that ABCD is in partnership with the New York State Department of Agriculture and Markets and has been so for some 56 years, delivering child care services to New York State's farm worker families. ABCD's purpose is to provide support to the state's agricultural industry by assisting the industry in securing an adequate labor supply. Suffolk County, and in particular the Town of Southold and surrounding communities, is one of the state's leading agricultural counties. Clearly, there exists a need for these services as evidenced by the unwavering commitment of the State of New York and its agencies to this project. Please advise if anything further is needed at this time. JFM:cc Enclosure 1576 State Street Schenectady, New York 12304 G]iACE'S PLACE County Route 48 Southold, New York 11958 Table of Contents L History of the Agency ................................................................................................. 3 II. Eligibility .................................................................................................................... 3 II~ Overview of Funding Sources .................................................................................... 4 I~5 Services Provided ........................................................................................................ 4 1) Education ................................................................................................................ 4 2) Health ...................................................................................................................... 5 a) Medical and Dental ............................................................................................. 5 b) Nutrition .............................................................................................................. 6 c) Mental Health ..................................................................................................... 6 3) Parent Involvement ................................................................................................. 6 4) Family and Community Services ............................................................................ 6 5) Service to Children with Disabilities ...................................................................... 6 6) Transportation ......................................................................................................... 7 7) Multi-cultural Environments ................................................................................... 7 V. Addressing Community Concerns .............................................................................. 7 VI. Conclusion .................................................................................................................. 8 VII. Appendix A - Income Eligibility Guidelines ............................................................. 9 2 History of the Agency ABCD has been in existence since 1946 as a non-profit, single-purpose child development organization. The agency on average employs approximately 250 staff. ABCD structure includes a support core based in our state headquarters in Schenectady, New York. ABCD's strengths are in the provision of quality care for infants, toddlers, and preschoolers and in our knowledge of the resources available in each of the communities that we serve. Staffing is reflective of the culture and language in each of the communities that we have a presence in. Our agency culture fosters caring and respect among staff, parents, and children. ABCD serves over 1,600 children each year in 11 licensed centers. Several of our centers statewide are NAEYC (National Association for the Education of Young Children) accredited. The rest are in the process of becoming accredited. The agency owns mortgage-free, seven of the eleven center buildings. The seven centers that the agency owns were either new construction projects or renovated existing building projects depending on the funding source at the time of project development. Eligibility Our target population is the children of the working poor whose average annual income falls below 200% of the Federal poverty guidelines (please see attached list of income guidelines). ABCD's goal is to insure that the infants, toddlers, and preschoolers of migrant, seasonal, and local agricultural farm workers on Long Island are not sitting in trucks at the edge of fields or playing in unsafe environments. We will be providing year~round services for children aged 6 weeks to 6 years old beginning with transportation pick-up at 7 a.m. and drop off begirming at 5 p.m. Eligibility for the program requires that both parents must be employed, with at least one parent employed in agriculture. Work activities that qualify as agricultural employment include: · Production of vegetables including sorting, freezing and canning. · Orchard activities including fruit trees and vines, including sorting, picking and processing. · Production of milk and other dairy products. · Farm production of poultry products. · Farm production of livestock and livestock products. · Farm production of horticultural crops, such as bulbs, flowers, plants, shrubbery, trees, herbs, mushrooms, and seed and sod crops. · Fishery activities. · Food preparation and food processing activities. If space permits, the center will accept children subsidized by Department of Social Services (OCFS) child care subsidies and will also accept community children who do not meet the agency's eligibility criteria for subsidized services. Community children's parents will be charged fees for services. III. Overview of Funding Sources The extensive child development services that ABCD provides are fully subsidized for Migrant, Seasonal, and Local Agricultural families. The agency is supported by State funds and Federal Child Care Development Funds through the New York State Department of Agriculture and Markets (approximately 60% of total revenues), by Federal funds via East Coast Migrant Head Start (ABCD is a delegate agency; approximately 22%), by the Child and Adult Care Food Program (approximately 5%), and through various other grants/resources (approximately 13%). These same funding sources have stated that they will support our efforts on Long Island. The Long Island construction project is being funded through the NYS Housing Finance Agency with a $1,000,000 building and mortgage loan. Services Provided In 1975, Head Start performance standards were adopted to insure that every Head Start program provides the services necessary to meet the goals of the comprehensive program. These performance standards were revised in 1998. They address the following areas under three broad categories (A) Child Development and Health Services, (B) Family and Communities Parmerships and (C) Program Design. All children enrolled at Agri-Business Child Development centers receive the same high quality head start services no matter what eligibility category they are funded under. Education - Head Start's educational program is designed to meet each child's individual needs. It also aims to meet the need of the community served and its ethnic and cultural characteristics. When centers have a majority of bilingual children, for example, at least one teacher or aide must speak the native language of the children. All centers incorporate aspects of the anti-bias curriculum into daily activities. Every child receives a variety of learning experiences to foster intellectual, social and emotional growth. Children participate in indoor and outdoor play and are introduced to the concepts of words and numbers. They are encouraged to express their feelings and to develop self-confidence and the ability to get along with others. Every child has a developmental assessment conducted (Learning Accomplishment Profile). From the results of the LAP and from observations of the youngster, a Child Activity Plan (CAP) is 4 developed. Lesson plans for each week reflect the needs of the particular children in a group. If observations and the LAP suggest a child may have special needs, referrals are made to specialists for in-depth evaluations. ABCD centers have a low child-staff ratio (1 to 4 for 0-3 year olds; 1 to 6 for 4 and 5 year olds). All Heads of Room hold a CDA, AA, or BA in Early Childhood. In addition, staff members receive on-going training in child development and early childhood education. They learn how to work with special needs children who account for approximately 10% of the ABCD's total enrollment. The ABCD program is committed to easing each child's transition to the public schools. Toward that end, transition activities are planned for children about to enter kindergarten. One or more visits to the new school are scheduled. Children are prepared at the Center for kindergarten activities, schedules and bus routes. Center Staff obtain specific information regarding the kindergarten testing and placement procedures of local school district (s) and prepare the children for these tests at least one month prior to the scheduled screening. Books that discuss changes and moves, the first day of school, are read to soon-to-be kindergartners. Children are encouraged to express their feelings about the new school through dramatic play and dictating stories. Each center holds a parent orientation session and invites a local kindergarten teacher or school administrator to discuss expectations for kindergarten, including the parent's role. Parents are provided the address, name of principal, telephone number and dates for registration of the school their child will be attending. The center obtains information regarding orientation sessions at the school and encourages parents to attend these sessions. Parents are informed regarding the transfer of records by center staff. Appropriate release forms are signed by the parents. Staff discusses with parents the differences in program services to be expected, for example: school lunches, length of school day, etc. Health - Head Start emphasizes the importance of early identification of health problems. Since many preschool children of low-income families have never seen a doctor or dentist, Head Start provides every child with a comprehensive health care program, including medical, dental, mental health and nutritional services. a) Medical and Dental- Children receive a complete examination, including vision and hearing tests, lead screening, hemoglobin, or hematocrit, identification of disabilities, immunizations, and a dental exam. Follow-up treatment is provided for identified health problems. b) Nutrition - Some children entering Migrant/Seasonal Head Start have not received good, nourishing meals at home. In the ABCD program, children are served breakfast, lunch and a snack each day, in order to meet at least two-thirds of their daily nutritional needs. A trained nutfitionist supervises the nutritional activities of each Migrant/Seasonal Head Start Center and helps the staff identify the nutritional needs of the children. Personnel teach parents how to select healthful foods, and prepare well- balanced meals, and how to obtain food stamps and other community assistance when needed. c) Mental Health - Head Start recognizes the importance of providing mental health and psychological services to children of low-income families, to encourage their emotional and social development. A mental health professional is available to every ABCD Head Start Center to provide mental health training to staff and parents and to make them aware of the need for early attention to the special problems of children. Parent Involvement- Parents are the most important influence on a child's development. An essential part of the ABCD Head Start program is the involvement of parents in parent education, program planning and operating activities. Parents serve as members of Parent Committees, Health Services Advisory Committees (local and State levels), Local Policy Advisory Committees and the Migrant Head Start Policy Committee and have a voice in administrative and managerial decisions. Through participation in classes and workshops on child development and through staff visits to the family's home, parents learn about the needs of their children and about education activities that can be carried out at home. Parents also serve in Head Start on a volunteer or paid basis as aides to teachers, family/community service personnel and other staff members, and as cooks, storytellers, and supervisors of play activities. They receive preference for employment in non-professional staff jobs. Family and Community Services - ABCD Head start strives to assist families to assess their needs, and then provides those services that will build upon the individual strengths of families to meet their own needs. Some of the activities that the family/community services staff use to assist families to meet their needs are: community outreach, referrals, providing information about available community resources and how to obtain and use them, recruitment and enrollment of children, and emergency assistance and/or crisis intervention. Staff conduct follow-up assessments to track the outcome of referrals. Service to Children with Disabilities - A child with a disability can often learn more readily in a group with other Head Start children than in a separate group for the physically challenged. Migrant/Seasonal Head Start 6 has successfully carded out a 1972 Congressional mandate requiring that at least 10 percent of its enrollment in each state be available for children with disabilities. Children and their families receive the full range of Head Start developmental services. In addition, staff members work closely with community agencies and local school districts pre-school committees on special education to provide services to meet the special needs of the disabled child. The agency has in place numerous collaborative agreements between local LEAs and the ABCD. The statewide collaborative agreement between the New York State Department of Education and Head Start, which was signed in 1982, was updated during 1990 to reflect current realities. Each special needs child below the age of 3 has an individual family service plan (IFSP) developed while pre-school children have Individual Education Plans (I.E.P.'s) developed, in keeping with Federal Law 99-457. Transportation - Transportation to and from centers is provided in sixteen and twenty-nine passenger school buses that have passed DOT inspections. All bus drivers hold class C Commercial Drivers Licenses with a passenger endorsement CDLB (P) or CDLC (P) and receive yearly training. Bus Aides are trained to conduct educational activities while the children are in transit. Multi-cultural Environments - The English language is a major barrier faced by Migrant and Seasonal farm workers (whose primary language often is Spanish). ABCD strives to employ staffthat reflect the children that we serve. Every classroom has at least one bilingual Spanish speaking staff present. Addressing Community Concerns The issues brought up at the public heatings for the Southold Planning Board's Final Site Plan Approval of this project included the concern over the location (violation of town code and as a potential fire hazard) of the gas station that is on opposite comer of a street that is adjacent to the property and the fact that the location is on a divided four lane highway with the Long Island Railroad tracks abutting the Southern boundary of the property. Jim Matthews, attorney for ABCD, addressed the town code issue in relation to the location of the gas station in his response to the planning board subsequent to the June 10th meeting. In response to the issue of fire safety, every classroom has two means of egress; every classroom has a door to the outside and one leading into the common hallway. In addition, evacuation cribs are used in the infant room which facilitates quick evacuation in the unlikely event that the gas station would catch on fire or blow up causing a fire hazard to our structure. 7 The concerns over the location being on County Route 48 and the property being bounded by the Long Island Railroad tracks to the South are also unfounded. The building is set back 175 feet from the frontage and 180 feet from the LI railroad tracks. The property will be completely fenced in all around with 5 foot high chain-link fence. The back of the property where the tracks are located will be bermed-up, as well as fenced. The schedule of the LI train (off the LIRR Southold Timetable) is such that the train will pass by the center (during hours of operation) at approximately 10:22 am and 11:42 am. The schedule of children playing outside can be structured around these times (lunches are generally served beginning at 11:30 am at which time children would already be inside). Busses will travel into our property to unload and load children (busses do not stop on the highway in front to pick the children up; they are picked up directly in front of the building). Children are never left alone at anytime during the day. The ratio of staff to children is done in accordance with Department of Health and Human Services' regulations which are more stringent than the NYS Office of Children and Family Services' regulations (4:1 infants and toddlers and 6:1 for 3- 5 year olds. Often the center will staff 3:1 for infants and toddlers); in other words, children are very well supervised at all times. The amount of time that children are outside is limited; a few minutes at load and un-load which, as mentioned, is in close proximity to the building. The only other time that children are outside is for outdoor play that takes place in fenced-in playgrounds that are as far back from the road as the building. Once again, the supervision of children is constant and the same ratios are enforced. The amount of time that they are outside is obviously contingent on weather conditions but, on average, children are outside for approximately an hour in the morning. Conclusion ABCD has a long exemplary history of child development services throughout New York State. Our partnerships with the New York State Department of Agriculture and Markets, with the East Coast Migrant Head Start Project, and with the New York State Office of Children and Family Services (State, Regional, and local collaborations), have allowed the program to support the agricultural community for over 56 years. Our first and foremost concem is the overall well-being of our children, their families and ABCD staff. Health and safety of all those that enter through our center doors is always in the forefront of any activity that takes place on a daily basis. The mission of ABCD has fostered the growth and development of tens of thousands of children over the agency's remarkable history. Those same values and objectives will be very much a part of what will be Grace's Place in Southold, New York. VII. Appendix A - Income Eligibility Guidelines AgrI-Buslness Child Developmeni F. Ilecllve January 1, 2002 - December 31, 2002 Household Annual Size Income I $17,720 2 $23,880 3 $30,040 4 $36,200 5 $42,360 6 $48,520 7 $54,680 8 $60,840 For each additional family member add: $6,160 31605 North Road Peconic, NY 11958 June 2002 Dear The town of Southold, NY, prides itself on being an anti-biased community. In a recrudescence of the old south, Grace's Place fosters a policy of discrimination and segregation. Your program eliminates the opportunity for both social growth and assimilation in a community. As a pebble dropped into a tranquil pool produces a ripple further than one can imagine, so, too, the ramifications of this program in our town. Unacquainted with the facts, or else undeterred by them, the director of Grace's Place has tried to usher through a project that is not in keeping with our policies. There is a Head Start program presently open in Southold. It has had 52 unfilled openings available for children all year. There are also openings in our neighboring Perrycare Head Start center in Greenport, as well as in Flanders, Riverhead. How can the recent purchase of 4.6 acres to build a school be justified? How can a ballooning $1.5 million project, that duplicates services already being provided, be justified? Why would we accept a project that is meant to segregate our children, when we have available spaces in child care centers that are open to all of our children, not just those limited by your description? Why is taxpayer money being spent needlessly? Why wasn't this project site thoroughly investigated before deciding that it was suited to your purposes? Where is the benefit to our children, our community? Attached is a copy of an article, dated June 13, from our local community paper, The Suffolk Times. It describes a recent town hall meeting in which this project was discussed. Hopefully it will enlighten you as to why Grace's Place does not belong in Southold Town. Sincerely, Gary Rempel Southold Town Planning I oard B ! .ttIe brews over ace s Place plan B~v Gwe, olen Groocock SOU~ tOLD--Peconic residents fighting hace's Place, the proposed state-fu[ e.d day-care center for farm worker~ :hiidren on Route 48, were out in fcc at the Planning Board meetin[ 'lxmday. 'Ihe ost serious accusation cen- tered o fire safety. The proposed facility [o be within 300 feet of a gas station, ~hich is in violation of the own ode, the critics say. Furthe* ore, the residents allege that the bui lng plans don't include an emerge :y sprinkler system. The t aer is an accident waiting to happen he neighbors said. Next-door vineyar ~ regularly spray chemicals, there's ~, public water available and the fou ane highway is full of speed- ing car: Grac s Place would be housed in an eight-rt m. 7,000-square-foot building on abo five acres. It would employ 35 peo! e and care for about 75 chil- dren, a~ ording to Schenectady-based Agri-B siness Child Development, the no for-profit agency that would build a f operate the facility with a $1 millio~ no-interest loan procured three ~ .~ars ago. Income guidelines stipula that it be open only to chil- dren ol arm workers making between $4,000 ;~nd $9,000 a year. "Do ,,ou know anyone who wo:ks lull-tin : on a farm that makes that?" asked t ~cal resident Rod Stankewicz. "Is thi, for people who don't want to work o~t the books?" An?ay, there's no need for it in South, .d, the neighbors said. The Chute: of the Open Door day-care cente~ n Southold reportedly has 52 spots ~vailable for infants and chil- dren, :xcluding free spots for low- lncom,: farm workers, according to neighbors. Grace's Place would com- pete ~ith the Church of the Open Door ~ nd the Robert Perry Daycare Centc~ in Greenport, both of which serve Ihe whole community, not just farm ~orkers. they pointed out. Neighbors told the board that they were lot given legal notice about Monday's hearing or the original Zonir;; Board of Appeals hearing at which [he center was granted a special use ~ariance. They also claim the PLANNING BOARD NOTES ZBA, which approved the variance in seven weeks, was misled. Lastly, they accused the applicants of refusing information, and said they've been continually referred to former supervisor Frank Murphy, who brokered the land sale. Mr. Murphy was present at the hearing but offered no comment to the board. The residents submitted petitions against Grace's Place and the hearing was held open. · Bluff cleating probed Unauthorized land clearing on Baxter Sound Estates, a two-lot minor subdivision on the Long Island Sound off Oregon Lane in Cutchogue, has been reported to the Trustees. The site plan approval included restrictions on clearing of the lots to the building envelope, but site inspection showed extensive clearing to the top of the bluff, said semor environmental plan- ner Mark Terry. Baxter attorney Abigail Wickham attributed the clearing to a contractor who did unauthorized work. The Gallagher family, which owns a summer cottage on property in between the two lots, told thc lqanning Board they're worried that clearing and construction will increase erosion on the bluff. Historically, the Sound bluff loses about a foot a year, and last year clearing to the edge on a property near Depot Lane in Cutchogue caused a blowout and landslide onto the beach, according to the Trustees "Clearing and running machinery at the edge of the bluff; it doesn't take much [to cause a blowout]," said Planning Board member Ritchie Latham. The Gallaghers called for an enyi- ronmental review of the area. "We have no objection to develop- ment on either side as long as it does- n't damage our little piece," said a family representative. The planners decided to inspect the properties again but didn't authorize See Plan, page 34 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando REPLY TO TOWN MEMO BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Ha/Pll~/~[/~.~ 53095 Main Road P.O. Box 11179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net TO: FROM: DATE: SUBJECT: Michael Verity, Principal Building Inspect~ ~ Jerry Goehringer, ZBA Chairman ~~j June 24, 2002 //~~-- Your Inquiry of June 12, 2002/:']~'hrsery School Special Permit) In reply to your inquiry regarding the above, this will confirm that consideration was given under Application No. 4969 to the existence of surrounding land, including information that there is a gasoline service facility established in the area. The Board also considered testimony from persons attending the ZBA public hearing. Thank you. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 -) BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM To: Jerry Goehringer, ZBA Chairman From: Michael Verity, Principal Building Inspector Re: Gracc's Place Date: June 12, 2002 Fax (631) 765-1823 Telephone (631) 765-1802 Would you please confirm whether the proposed day care use is the same as a nursery school use and whether the distance of 300 ft. to a gasoline service facility was addressed under the special exception? Thank you. MURPHY, BARTOL & O'BRIEN, LLP ATTORNEYS AND COUNSELORS AT LAW June 13, 2002 (1938-1991) (1952-1993) Town of Southold Planning Board Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Attention: Bennett Orlowski, Jr., Chairman Re,, Application of Graces Place Hearing Held on June 10, 2002 Dear Mr. Orlowski: Please allow this letter to clarify the position of my client Mrs. Florence Wicks regarding the application of Graces Place. Mrs. Wicks is the owner of property directly to the north of the subject premises across Route 48. Due to a scheduling conflict, 1 was unable to attend the hearing. In n'ty absence Mr. Jeffrey Sharkey of this firm appeared at the hearing. Mr. Sharkey submitted a letter containing conditions that the applicant had agreed to abide by if the application were granted by the Board. The purpose of the letter was to ask the Board to impose these conditions if the application were granted. It is my understanding that Mr. Sharkey may have given the impression that because of the representations contained in the letter Mrs. Wicks supported, or did not oppose the application. I apologize for any confusion that was created. SoutholdTown Planning Board MURPHY, BARTOL & O'BRIEN, LLP Mrs. Wicks remains opposed to the application due to its location and for the many reasons more fully articulated by other members of the community at the hearing. Thank you for affording me the opportunity to clarify the position of Mrs. Wicks. Very truly yours, Kevin J. O'Brien Cc: Owen McBride, Esq. Mis. Florence Wicks Tothe /0 ~ I%,-~k ~ Devek as lots Nme , Southold Town PI~ Board and New York Agri-Busines~,Chitd Care nstmcted on County Ro~?~X~~~ md # 1000-74-4-4.-8 alsb-ge]~ las Aliano. We are asking the town to To the Attention of the Southold Town Board, Southold Town Planning Board and the Southold Zoning Board of Appeals: We the undersigned are opposed to the New York Agri-Business Child Care Development Center that is proposed to be constructed on County Road 48,Peconic, New York: tax map parcel # 1000-74-4-4.-7 and # 1000-74-4-4.-8 also referred to as lots 7 & * on the subdivision map of Nicholas Aliano. We are asking the town to deny this application. Name Address To the Attention of the Southold Town Board, Southold Town Harming Board and the Southold Zoning Board of Appeals: We the undersigned are opposed to the New York Agri-Business Child Care Development Center that is proposed to be constructed on County Road 48,Pecon/c, New York: tax map parcel # 1000-74-4-4.-7 and # 1000-74-4-4.-8 also referred to as lots 7 & * on the subdivision map of Nicholas Aliano. We are asking the town to deny this application. Name To the Attention of the Southold Town Board, Southold Town Planning Board and the Southold Zoning Board of Appeals: We the undersigned are opposed to the New York Agri-Business Child Care Development Center that is proposed to be constructed on County Road 48,Peconic, New York: tax map parcel # 1000-74-4-4.-7 and # 1000-74-4-41-8 also referred to as lots 7 & * on the subdivision map of Nicholas Aliano. We are asking the town to deny this application. To the Attention of the Southold Town Board, Southold Town Planning Board and the Southold Zoning Board of Appeals: We the undersigned are opposed to the New York Agri-Business Child Care Development Center that is proposed to be constructed on County Road 48,Peconic, New York: tax map parcel # 1000-74-4-4.-7 and # 1000-74-4-4.-8 also referred to as lots 7 & * on the subdiv/sion map of Nicholas Aliano. We are asking the town to deny this application. Name ' Address Signature To the Attention of the Southold Town Board, Southold Town Plantfing Board and the Southold Zoning Board of Appeals: We the undersigned are opposed to the New York Agri-Business Child Care Development Center that is proposed to be constructed on County Road 48,Peconic, New York: tax map parcel # 1000-74-4-4.-7 and # 1000-74-4-4.-8 also referred to as lots 7 & * on the subdivision map of Nicholas Aliano. We are asking the town to deny this application. Name Address Signature The News Review Online - The~l~ometown Newspaper ofRiverhead To~, Long Island ix... Page f of 2 (~ back ~o ~op ~m~e~ INTHENE1N$ $1 million for farm day care By Tim Kelly RIVERI~EAD - The younger children of low-income farmworkers who may spend much of their days watching television at a family friend's home will instead get a leg up on learning and receive basic health care at a new $1 million day care center recently approved by the state. The New York State Housing Finance Agency is providing a no- interest loan to Agri-Business Child Development, a Schenectady- based not-for-profit group, to construct an eight-classroom day care center, to be called Grace's Place, on Doctors Path near Northville Turnpike. The facility, which also will provide morning and afternoon transportation, could be open in about a year. The center would serve about 76 children of farmworkers with family earnings of $4,000 to $9,000 a year. The child care would be provided without cost to income-eligible families. In this case, an agricultural employee is broadly defined to include those employed in the commercial fishing industry. "Available day care is critical to all working families," said Governor George Pataki in a press release. "This day care facility will be the fn'st in the area to serve the special needs of children of migrant, seasonal an local farmworkers." Agri-Business Child Development is in contract to buy the Riverbead site, which would be its first such facility on Long Island, and hopes to break ground in the spring. The group has met informally with town officials but has yet to file its permit requests. Company officials also have been in contact with the Rev. Charles Coverdale, pastor of First Baptist Church, which plans to open its own 24-hour day care center in Riverbead. But since their target populations don't overlap, it's unlikely the two groups will cooperate in building a single center, said Maggie Evans, Agri- Business's executive director. She said the center would follow the same operating guidelines employed at the other day care facihties Agri-Business operates in New York state: "What our centers facilitate are healthy and safe environments for the children. To be able to serve a greater number of children is great news, it really is." http://www, timesreview, com/nr 12-23-99/stories/news 1 .htm 5/15/02 The News Review Online - The~ometown Newspaper of Riverhead To~, Long Island 1~... The center would employ about 40 people to care for children 15om 6 weeks to 6 years old. In business assisting farmworkers and their families for over 50 years, Agri-Business operates eight year-round and two seasonal centers in other New York state farm commuinties. The centers are licensed by the state Department of Social Services and operate with a mix of state and federal funding and private donations. Because of their income 1/mits, most farmworkers are unable to provide quality day care for the children, Ms. Evans said. Many send their offspring to the homes of friends or relatives, where the lack of intellectual stimulation or assistance in crossing language barriers may put the children at an immediate disadvantage. There's no doubt a facility such as Grace's Place is needed on the East End, said Sister Margaret Smythe, director of Vida Christiana of Riverhead, which provides social services and religious guidance to the area's Spanish-speaking farm laborers. "I go into homes and see someone taking care of seven or eight children who may not even know the names of all the children," said Sr. Margaret. "Sometimes they don't even know how the 911 system works and that scares me. I'd love to see children is a secure, safe environment that's stimulating and will provide them with after-school help." All Agri-Business facilities follow federal Head Start program performance standards, said Ms. Evans. In additional to educational activities, the students will have supervised play time. They also will receive physical exam~, dental checkups and age- appropriate immun/zations. Grace's Place would also provide free transportation to and from the facility, said Ms. Evans. The transportation factor may define the center's service area since social services department standards limits bus trips to no more than one hour in duration. top stode~ Page 2 of 2 Copyright 1999, Times/Review Newspapers All Rights Reserved. http://www.timcsreview, eom/ur 12-23-99/stories/news 1.htm 5/15/02 GOVERNOR ANNOUNCES ~ILITIES FOR CHILDREN OF FAR,WORKERS FOR IM3~DIATE RELEASE: December 17, 1999 Governor Announces Facilities For Children Of Farm Workers Page 1 of 2 State Provides Financing For Day Care Services in Riverhead Governor George E. Pataki today announced the approval of a $1 million no-interest loan for the construction of Grace's Place, an eight- classroom day care facility in Riverhead that will be owned and operated by Agri-Business Child Development, a non-profit child development organization. The center will be financed by the New York State Housing Finance Agency's (HFA) under i~s Agency's Youth Facilities Program. "Available day care is critical to all working families," Governor Pataki said. "This day care facility will be the first in the area to serve the special needs of children of migrant, seasonal and local farm workers." County Executive Robert Craffney said, ""I'd like to thank Governor Pataki for providing the funding necessary to create this new day care facility. The Governor realizes that the need for such facilities is growing, and we welcome Grace's Place to Suffolk County." Senator Kenneth P. LaValle said, "Agriculture on Long Island is critical to our local economy and specifically the east end. Having a day care facility available for farm laborers will ensure that children are in a safe environment and that out reg/on maintains the workforce needed to sustain this vital industry." Assemblywoman Patricia Acampora, said, "The need for a quality day care center for farm workers has long been a priority for our area. Governor Pataki has been particularly sensitive to the farming community and to the everyday needs of the families and their children who depend on our support for a healthy and prosperous future. I commend the Governor for his foresight and committment to providing much-needed day care for this very special group of children.' HFA's loan will be used for the site acquisition and new construction of the 7,000-square-foot facility licensed to serve up to 76 children. The center will serve a target population with an estimated-family income ranging fxom $4,000-$9,000. "Grace's Place will provide desperately needed day care for up to 76 children," HFA President and CEO "I i ' ' ' · Stephen J. Hunt said. t s just one example of how pubhc-pnvate partnerships are improving the quality of life for all New Yorkers. I'm proud to have assisted this project and I commend Governor Pataki for his support." I-IFA Chairman Jerome M. Becker said, "Governor PatalcLand the New York State Housing Finance Agency are committed to providing financing to meet the ever changing needs of the State. The project will help provide safe healthy facilities for New York's children." I-IFA was created as a pubhc benefit corporation in 1960, under Article III of the Private Housing Finance Law, to finance low income housing by raising funds through the issuance of municipal securities and the making of mortgage loans to ehgible borrowers. In its 39 year history, the Agency's http://www, state, ny. us/governor/press/yeat99/dec 17_99. htm 5/14/02 GOVERNOR ANNOUNCES mITIES FOR CHmDREN OF FAR,WORKERS Page 2 of 2 mandate was legislatively expanded to allow for the financing of other projects which met a variety of State needs including educational and health care facilities. Orace's Place will be located near the business center of Riverhead, cen(~ally situated among the agricultural areas of Suffolk County. Return to the Press Releases Return to the Office of the Governor http://www, state, ny. us/governor/press/year99/dec 17_99. htm 5/14/02 The News Review Online - Th~l~ometown Newspaper ofRiverhead T Long Island 1~... Page 1 of 2 INTH£NEWS Doctor's Path day care unlikely By Tim Kelly RIVERI~E&D - Doctors Path apparently won't be the "Grace's Place" daycare centers new address. After the proposed state-subsidized facility for the children of lower income farmworkers came under attack for the second time at a public hearing last week, several Town Board members said it appears unlikely that they'll approve the necessary special permit for that location. But they wouldn't rule out saying yes to an alternate location. "I would like to see the project go forward," said Councilman Jim Lull. "There'll continue to be discussions toward looking at other locatlous. With a $1 million no-interest loan provided by the state, the Agri- Business Child Development organization of Schenectady entered into a contract to acquire a 7.6-acre wooded parcel near Northville Turnpike. The not-for-profit group filed for permission to construct an eight-classroom building where farmworkers' children would receive educational attention and basic health care similar to that provided by local Head Start programs. The group and its supporters say such a center would provide a much-needed boost to the largely Hispanic farmworker community where day care is often nothing more than sitting in fi'ont of a neighbor's television. But during Town Board hearings on June 20 and July 5 area residents turned out in force to protest what they see as an attempt to "dump" a social services center on them. No local benefits? They argued that by serving a population that covers most of Suffolk, "Gmce's Place" will provide few, if any, benefits for Riverheaders, while placing a potentially troublesome commemial enterprise in a residential area. These are compelling arguments, said Councilman Phil Cardinale. "The issue isn't whether we should be helping migrants, and the issue isn't whether this is a good program," he said. "It's whether this location is appropriate." http://www, timesreview, com/nr07-13 -00/stories/news2.htm 5/14/02 The News Review Online - Th~i~ometown Newspaper ofRiverhead To~, Long Island 1~... Page 2 of 2 Mr. Cardinale can't recall a similar dispute that pits one minority group, in this case Hispanic farmworkers, against another, the African-American residents of Doctor's Path. "It seems likely that if they don't get it here, this may very well fly in another location," he said. Supervisor Bob Kozakiewicz said he can't comment on how he might vote, but added: "I do have some concerns about its location in a residential community." During the hearings Councilman Ed Densieski expressed concern over the project while Councilman Chris Kent spoke favorably about it. The town's code doesn't permit such child care facilities as a matter of right in any zoning category. Should the Agri-Business group fred another location it would need to apply anew, and that would require all new hearings. Agri-Basiness executive director Maggie Evans said the group remains convinced that the Doctor's Path site is "ideal and if we have to, we'll start the process over. "We'll deal with whatever they come up with, yea or nay," she said. "We're still very interested in serving in the Riverhead area and we hope that comes to fruition at some point" Copyright 1999, Times/ReviewNews~apers All Rights Reserved. http://www.timesreview, com/nr07_ 13-O0/stories/news2.htm 5/14/02 F~lx Urgent ~ For Review [::] Please cerumen! · C~mment~: Please RBpI~, LU Please Recycle 08/13t2g~2 ZD:88 515~257D70 HLNVINGTDN L~W CENTR PA6E 02 Matthews & Matthews Attorneys at Law 191 New York Avenue Hunflnston, New York 11743 631-673.7555 }'ax: 631-425.-7030 e-mail: ltmmntth~w*lswc~aol.eo m Planning Board Town of Southold Southald New York June 12, 2002 Dear Re: Grace's Place Application for Final Site Plan Approval We are counsel to Gr. acc's Place (owner: New York State Federation of Processors & Crrowers, Inc. dfo/a Agri-Busin~ss Child Development), and respectfully submit tlus letter-memorandum concerning questions raised by the Board at the moat recent hearing held on lune 10, 2002. Wc identified three areas of concern as follows: 1. N~ School Usc: Under thc Southoldzoniug code, §100-13-B, our use is defined as a nursery school, the code definition of which is a~ follows: NURSERY SCHOOL - A building or buildings, together with any avceasory uses, buildings or gauctures, reed as an organized inamctional facility for five (5) or mom enrolled children under six (6) years ofa~e other ~ thc children of the resident family and not furnishing sleeping faoilities except to the resident family. Ch-ace's Place is in fact an imtrucfional fanility limited solely to chikLmn under the age of six (6) years. Orace's Place is subject to licensing and regtdafion by the State of New York and the County of Suffolk. It is a private, not-for-profit facility. All of the children are under ~he age of six (6) years. We note further that the Code haz no other definition that w/~plies. The Code does have a definition of child care as follows: CHrLn CARE - A residential structure and property uzed principally as a residence, where child care is provided by the resident for a total of five ~ fewer children other than those of the caregiver. This use must be in accordance with the regulations govvming home occupations in this Zoning Code. Cl~,rly, [his is not an appwpri~e defimtion for our use. Th~'c is no Code definition that applies und, as we have stated, the Code defirfition o£Nursery School is clearly applicable and accurately define,~ our uze. To the extent "dey clearly ~n accessory, use which is c~pli¢itly permitted and in¢luded in the definition of Nv-rseU School. Iu any event, the use issues were previously d~cided by the Zoning Board of Appeals, thc Board with juri~iction on this ~_eiml located within 300 feet of a v. asoline service station: An issue was r~ised alleging that Gracc's Place cannot be located within 300 feet of an existing gasoline service slation. The Code places no ~ch restriction, This question relates to Code prevision §100-101-B(12)(g) in respect tO conditional uses pcnmtted in the General Business (B) District. Th/s Code provision applie~ to certain uses, which include ga~oliu~ service stations, which seek to be located in th~ Genial Business District. It provides [hat gasoline service stations, among other usc~, are conditionally permitted. One of thc comlitious is as follows: (g) No gasoline service or repair shops or similar businesses are to be located within three hundred (300) f~t ora church, public school library, ho~itai, orphana§c or rest home. This Code provision has no application to Grace's Place for several reasons, F~rst, we are not a Ilasoline service or repair shop or similar me ~eking to be located in a General Business District. This r~stdction applies only to applications by gasoline service or mpak shop or similar use which seeks to be located in a General Busines~ District. There is no simil~ restriction that applies to Graoe's Place anywhere in the Code~ Furthermore, Gracc's Place is not a church, public school, library, hospital, orphanage or rest home. Therefore, the restrictions contained in this code provision are not applicable in any event. Finally, the building wh~re Grace's Place will be locmed is in excess of 300 hundred feet flom the Baseline s~vice station in issue. We also ~ote that this would have been an issue to be decided by the Zoning Board of Appeah as part of the special use permit process. That the Board of Appeals did not apply this Code provision to Orace's Place is consistent with our int~pretation that it clearly does not apply to us, 3. Access; The Site Plan before the Planning Board is rally conformin8 to thc subdivision approval, including in r~gard to the access from County Road 48. We are aware that the Town may acquire dev~lopngnt rights to the adjoining parcels to the west and may thor~afler request ttmt we cooperate in modifying the access and possibly conveying s portion of our la_nd that currently servo~ as the a~aeas point and driveway. No forraal r~c!uest has bo~'l made and we are riot aware that any is for[hcoming. We do not know if this is all speculalion or if and when this may take place. 2 We arc ready to pmcefxt now, Our ftmdmg is in place and awaits site plan approval and building permits. We have completed a competitive bid pro,ess and havc awarded the contta~t. F~riher delay will cause substantial financial hardship. Wc aze tully conforming av~ reap~ctfillly submit that we cannot lawfully be dehiyed pending the possibility ora modification of the access poi~ which wc arc not r~uesting. In short, we respectfully submit that it is wrong to delay our final site plan approval because of this issue. We will state unequivocally that, a~er we have received final site plan approval and building permits, it'at any time in the future there is a request made in this regard, we wou!d be willing To coop:rate fidly, including conveyance of a portion of our property to the town. There exists no bahia in the applicable zoning code provisions or in applicable law to thrther delay the final site plan approval. We have submitted a fully conforming site plan which has received all nec~sratry approvals, Lu~luding those of the Zonin8 Board of Appeals of thc Town of Southold and thc Suffolk County Board of Health. We respectfully submit that nonc of the issues discussed herein or that lmve otherwise been raised can be lawfully relied upon to delay further this site plan approval. For all of these reasons, we respectfully request that the final site plim be appreved at the earliest possible time. We would re¢lu~st, however, that if there are ft~rthcr questions that exists, that we be givm the opportunity to respond. JFM:cc lamc~/Mailhcws H~nl:lngt~rl, New York 'l 17'43 (631) 6?3-.75~5 f~x (6~'1) 4.2,,~7030 Fax Date; [~ Please Reply · IP~ mment.~: u_~."i3,'2772 ]~:eS 5is~i23:g3(~ HUN~'INGTON LAk~ CENTR PA6E 82 Matthews & Matthews Attorneys at Law 191 New York Avenue Huntington, New York 11743 631-~73-7555 Fax: 631-425-7030 e-mail: ~ i Planning Board Town of Southold Southold, New York ~'une 12, 2002 Dear Re: Orace's Place Apphcafion for Final Site Plan Approval We are counsel to C,-racc's Place (ownen. New York StYe Federation of Processors & Growers, Inc. d/b/a Agfi-Business Ch/Id Development), and respectfully sulmait this letmr-memorandum concerning questions raised by the Board at the most reccnt hearing held on lune 10, 2002. We identified three areas of concern as follows; l. N'~ Sc~ol Use.' Unde~ the Southold zoniP4g cod~, §100-I3-B, our use is defined as a nursery school, the code definition ofwtfich is ~ follows: NURSERY SCHOOL - A building or buildings, togcthcr with any accessory uses, buildings or structures, used a~ an organized i~ruotional f~gility for five (5) or more enrolled e~hildren under six (6) year~ of age other +h~n the clifldren of the residmt f~nily end not l~nishing sleeping facilities except to the resident family. Gr~e's PI&ce is in fact an instructional facility limited ~lely ~ c~l~n ~ the ~e of ~x (5) ye~. ~e'* Pl~e is subject to lic~ ~d ~on by ~e State of New York ~ ~e Co~ty of S~o~. It is a private, not-f~-pmflt f~. ~1 of~e c~l~ ~e ~der ~e age of ~ (6) ~, We note ~ ~t ~e Code h~ no o~ de~on ~t ~lies, ~ C~e doe~ ~ve a ~finifion ofcMld c~ ~ ~llows: CNn.r~ CARE - A residential s~e and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in ucorflance with the regulations governing home occupations in this Zoning Code. ¢~._ _, - :, ~?P-'-_,,-,= o ~-,~. 5],~5~25703L~ HL~-TNGTON LAi,~ CENTR PAG~ 83 Clearly. ~his is not an appropriate definition for our usc. Ther~ is no Code definition that applies and, as we have stated, the Code definition of Nursery School is clearly applicable and accurately deiines our usc. To the extent "day care" is provided, it is clearly an accessory, use which is ~'xplicitly permitted and included in the definit/on of Nursery School. In any event, the use issues were previously decided by the Zoning Board of Appeals, the Board with jurisdiction on this issue, 2. ~_~c~, located witMn 300 feet of a £asoline service stat/on: An issuc was raised alleiing thai Gracc's Place canna be located within 300 feet of an existing gasoline service station. The Code places no such restriction. This question relate to Code provision § 100-101-B(12)(g) in respect to conditional uses permitted in the General Business (B) District. This Code provision ~trplies to certain uses, which include g ~hu~ service stat~ous, wh/ch seek to be located in the General B-~i-ess Distr/ct. It provides that gasoline service siagous amon~ oth~r uscs, are coudit/onally pennlued. One of'the conditions is as follows: (/) No ~soline service or repa~ shops or similar businesses are to be located within three huudrcd (300) f~t ora chun:h, public school library, hospital, orphanage or rest home. This Code provision has no application to Grace's Place for several reasons. Fl~t, we are not a ~l~olinc service or r~alr shop or similar usc seeking to be locat~i in a Genial Busincss Disuict. This r~triction apphes only to applications by gasoline service or repair shop or sknilar use which seeks to be located in a Ge. neral Business District, There is no similar restriction that applies to (}race's Place anywhere in the Code, Furthermore, Grace's Place is not a church, public school, library, ho~pitel, orphanage or rest home. Therefore, the restrictions contained in this code pro~ision are not applicable in any event. Finally, the blilding where Gr-~e's Place will be located is in excess of 300 hundred feet from the i~asoline service station in issue. We also note that this would have been an issue to be decided by the Zoning Board of Appeals as part of the special use permit process. That the Beard of Appeals did ~mt apply this Code provision to Grace's Place is conmstent with our interpretation that it clearly does not apply to us. 3, AccesS; The Site Plan before the Pl~.nin$ Board is flllly conforming to the subdivision approval, includin~ in r~gard to the access from County Road 48. We are aw/~:e that the Town may sequir~ development rights to the adjoining parcels to the west and may thereafter request that we cooperate in modifying the access and possibly convcyinl a portion of our land that currently serves as the a~ceas point and driveway. No ion'aa] r~luest has be~ made and we are not aware that any is £orthcoming. We do not know i£this is all speculation or if and when this may take place. 2 ' ~, F, .-~'~--% .c,- HLtNT.~NGTON L~,i4 CENTR PA~E 84 We are ready to proceed now, Our funding is in place and awaits si~e plan approval and bmlding permits. We have completed a competitive bid process and have awarded the ¢onWact. Further delay will cause substantial financial hardship. We are fully conforming ~ respecff~.lly submit that we cannot lawfully be delayed pending the possibility of a modification of the access poim which we are not requesting. In short,, we respectfi~lly submit that it is wrong to delay our final site plan approval because of this issue. We will state unequivocally that, after we have raceived fiJaal site plan approval and building peri, ts. if at any time in the future there is a request made in this regard, we would be willing to cooperate fully, including conveyance ora portion of our property to the town. There exists no basis in the applicable zoning code provisions or in applicable law to ftc,~e~ delay the final site plan approval. We have submittvcl a fully conforming site plan which has r~ived all necessary approvals, including those of the Zoning Board of Appeals of the Town of $outhold and the Suffolk County Board of Health. We rcspe~tfully submit that none of thc issues di$ctased herein or that have otherwise bean raised can be lawfully relied upon to delay further this site pl~al approval. For all of these reasons, we respectfully request that the final site plar~ be approved at the earliest possible time. We would request, however, that if there are further questions that exists, that we be given the op~ortumty to respond. JFM:cc Jam~tlvlatthews ~6/1~1/2~? 11: O~J 516~ HUNTINGTON LaW CENTR PA~E 81 ~a~ New York Avenue Huntlng*,o~, New Yor~4 fax (6~1) 425-7030 lax Urgent r'~ Far Review ~T IN~TOk' L~W Pah'iclaLoftu~Matth~ws Far Transmission to: 516-294-$58.f Kcvin J. O'Bnem M.:a-?hy, Barrel & O'Bfie. n 22 Jericho Turnpike Mineola, New York 2 I501 Matthews & Matthews Attorneys At Law 191 New York Avenue Huntington, New York 11743 631-6~3-7555 FAX: 631-425-703f} Amc 10, 2002 plannin Board Re: Request for Voluntary Conditions Dear Mr. In re*ponse to your fax letter of June 7, 2002, and in furthcrance of our discussions this m.oming, please be advised that our client is willing to execute restrictb'e covenants with the following terma: The l~e of thc subject premises is limited to childcare, or early childhood development for pre-kindergarten children only. rhe prenuses shall not be used after 7 P.M. except for parent meetings no more than four (4) limes per month consisting of no more thm.~ fifteen 15 pergons, including staff and parents, tbr each such meeting. The use of thc prcmis,-.s is limited to early cbfldbood development child care only consistent with the July 19, 2001 decision of thc Zoning Board of Appeals of the Town of $oathold, Applicalion No. 4969, and that same shall not be u~ed for a gatheming place for ~ workers or a hiring hall. The premiers shall be improved by a ore,tory building only and there will be no farther expansion with the building or the uae of the subject ~. Any lighting on the subject premises shall be designed m such a manner so that 'he source of lighting em not be seen from adjacent properties or roadways and the lighting itself shall be designed m such a manner so a~ not to spray beyond the aubject property onto adjoining propolti~ or roadways. Any lantirn:aping on the subject promises shall be continually maintained and replaced when and if aam, becomes necn:asary. The aforesaid restrichons shall constitute restrictive covenants which shall run with the land and shall be r~cordod in the Suffolk County Clerk's Office and are PB/1~/2082 11:0~ 5iE, 4V' ~0 HUNTINGTON L6W CENTR P~C~ 03 enforceable either by the Town or sun'omtding property owners. We will represent that these wilt be recorded in a properly prepared document. However, if yea caxl prepare same we are prepared to execute same tonight upon the final approval of the s~te plan by the Planning Board. Attached are the legal descriptions, The signatory for the prol~CXty owaer is as follows: New York State Federation of Processors & Growers, lnc., d/b/a Agd*Bu~iness Child Development, by Maggie Evans, Executive Director, Please advise if you require anything JFM:ec Enclosure lam ~ F~/Ma'ttl~ws Victor L'Eplattenier Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold. NY 11971 Dear Victor: NELISON, POPE & VOORHIS, LLC June 10, 2002 Re: Traffic Analysis Update Grace's Day Care, Peconic NP&V g02084 The consultant review dated April 1, 2002 addressed traffic uses related to the above referenced project with an occupancy rate ,of 75 children and 25 teachers. The review approp.f, ate characterized traffic considerations; in furtherance of that review, attached please find a copy of the trip generation rates for 76 students and 23 teachers and the associated land use description for a day care center. As can be seen, the proposed project would be expected to generate 62 trips (33 entering, 29 exiting) during the AM peak hour and 65 trips (30 entering, 135 exiting) during the PM peak hour (Microtrans, 6t~ Edition, 1997). It is noted that the trip generation rates for a day care center account for both student and employee trips and generally assume that students will not be transported by bus. The trip generation rates included herein are based on generalized information and are comparable to that of the commercial "Tutor Time" facilities found throughout Long Island. Should the majority of the students of Ch'ace's Day Care be transported to the facility by bus, the resulting trip generation would then be reduced. The prior review indicated that the increase in trips as a result of the proposed project represented a six (6) fold increase; it should be noted that this increase was reflective of the overall flag lot subdivision. Site specifically however, the proposed project would represent a 15 fold increase in the amount of traffic generated from the site assuming two (2) single family residences could be developed in accordance with the existing site zoning. Although this represents a significant increase in the amount of traffic generated from the site, it is not expected to have a significant impact on the capacity of CR 48. Should the facility be allowed to operate during evening hours, no additional impacts to the area roadways would be expected, particularly as the roadway appears adequate to handle the additional traffic generated during the peak hours of operation. If deemed necessary, adequate facility and street lighting could be provided to inform travelers of occupancy in the area and intersection warning signs could be installed in conformance with the Uniform requirements of the Manual of Uniform Traffic Control Devices (MUTCD). The frequency of accidents is more a function of the number of driveways along a given roadway versus the volume of traffic at an intersection. As such, it was recon,nended that th~, access po~ts ;~.!cng CR 48 be minimized i~n the vicinity of the project site. The NYS Access Management Project attempts to provide cross easements though commercial properties in order to achieve this goal. Cumulative impacts on the roadway are unknown as future development and subsequent trip generation of the adjoining "flag" properties is unknown, however cross easements could be provided such that a common access is achieved. Installation of street lighting and traffic safety and control signs would be more appropriate at a common intersection, if necessary. If the proposed project is approved, the County could be requested to evaluate CR 48 to determine the need to install any warning or regulatory devices in conformance with the recommendations and requirements of the MUTCD. Please feel free to call should you have any questions or require any additional information. Sincerely, NELSON, POPE & VOORHIS, LLC Land Use: 565 Day Care Center Description A day care center is a facility where care for pre-schoo~ age children is provided, normally during the daytime hours. Day care facilities generatly include classrooms, offices, eating areas, and playgrounds. Some centers also provide after-school care for children. Additional Data Peak hours of the generator-- The weekday A.M. and P.M. peak hours of the generator typically coincide with the peak hour of the adiacent street traffic. The sites were surveyed from the mid-19B0s to the 1990s throughout the Un[ted States. Source Numbers 169,208, 216, 253, 335,336, 337, 355,418, 423 Generation, 6th Edition 913 Institute of Transportation Engineers Summary of Average Vehicle Trip Generation For 76 Students of Day Care Center June 10, 2002 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two-Way Volume Enter Exit Enter Exit Average Weekday 344 33 29 30 35 24 hour Peak Hour Two-Way Volume Enter Exit Saturday 30 5 3 Sunday 28 5 4 Note: A zero indicates no data available. Source: Institute of Transportation Engimeers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS 5164257L~S0 '~9'1 New York Avenue Huntington, New York 11743 (031) 673.r$55 fax (63~) 425-?030 P,~GE 81 Fax Re; ~ Urgent r'l Far Review ~ Pleeae Comment PAGE .I/latthews & Matthews Attorneys At Law 191 New York Avenue Huntington, New York 11743 631-fi'Y3-7555 ~AX: 631-4~5-7030 Fax ~'~mtsslon Kevin J. O'Bnea~ Murphy, Battol& 22 Jericho Turnpike Mineola, New York 11501 June 10, 2002 planning Board Re: Request for Voluntary Conditions Dear Mx O'Brien: In ~e~ponse to your fax letter of June 7, 2002, aaad in fia'thcrance of our discussions this momin8, please be advised that oar client is willing to execute l:estaScti'~e covenants with the following terms: The uae &the subject premises is limited to childcare or early childhood development for pre-kindergarten children only. Ihe prennses shall not be used after 7 P.M. except for parent meetings no more thaa four (4) ~mes per month consisting of no more thatl fifl~-en 15 persons, i.neluding ~taff and patents, for each such meeting. The use of the premis--s is limited to early childhood development child care only cons/stent ~vifla the Suly 19, 2001 decision of the Zoning Board of Appeals of the Town of Southold, Application No. 4969, and that same shall nat be used lbr a gatheri~g place for farm workers or a hiring hail. The premises shall be improved by a one-~tory building only and there will be no fiml~er expansion with the building or the uae of th.e subject property. Any lighting on the subject premises shall be designed m such a manner s~> that the some of lighting em not be seen from adjacent properties or roadways and the lighting itaelfshall be dedgned in such a mamae~ so as not to spray beyond the subject property onto adjoining proportim or roadways. Any Iandseaping on the subject ptmnises shall be cominnally maJ.ntalned and replaced when and if same becomes necessary. The aforesaid restrictions almll constitute restrictive covenants wh/eh shall run with the land and shall be recorded in the Suffolk County Clerk's Office and are HUNTINGTON LgW CENTR enforceable either by the To~m or surrounding property owners. We will represent that these will be recorded in a properly prepared document. However, you can prepare same we are prepared to execute same tonight upon the final approval of the site plan by the Planning Board. Attached ate the legal descriptions. The signatory for the p,'opcrty own.er is as follows: New York S~at¢ Federation of Processors & C-rowers, Inc., dfo/a Agri-Business Child Development, by Maggie Evans, Execut/ve Director. Please ad~qse if you require anything f-m'ther, JFM:c¢ Enclosure JOSHUA Y. HORTON SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (516)-765- 1366 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel.(516)-765- 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD June 5, 2002 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Graces Place Route 48, Southold SCTM #: 1800-74.-04-4.7 & 4:8 Dear Mr. Orlowski: As per your request, I have reviewed the site plan for the above referenced project. The original site plan located the new access roadway within the required 50' buffer area. This buffer was a requirement established bythe Planning Board when the subdivision was approved. A new site plan dated 5/09/02 has been submitted. The curb cut and the proposed roadway has been relocated to the required location. The drainage calculations and design for this project meets the minimum requirements of the Town Code. If you have any questions concerning this report, please contact my office. James A. Richter, R.A. Matthews & Matthews Attorneys at Law 191 New York Avenue Huntington, New York 11743 631-673-7555 Fax: 631-425-7030 e-mail: ]imraatthewstaw~aol.com Patricia Loftus Matthews June 12, 2002 Planning Board Town of Southold Southold, New York Re: G-race's Place Application for Final Site Plan Approval Dear Sirs: We are counsel to Grace's Place (owner: New York State Federation of Processors & Growers, Inc. d/b/a Agfi-Business Child Development), and respectfully submit this letter-memorandum concerning questions raised by the Board at the most recent heating held on June 10, 2002. We identified three areas of concern as follows: 1. Nursery School Use: Under the Southold zoning code, § 100-13-B, our use is defined as a nursery school, the code definition of which is as follows: NLrRSERY SCHOOL - A building or buildings, together with any accessory uses, buildings or structures, used as an organized instructional facility for five (5) or more enrolled children under six (6) years of age other than the children of the resident family and not furnishing sleeping facilities except to the resident family. Grace's Place is in fact an instructional facility limited solely to children under the age of six (6) years. Grace's Place is subject to licensing and regulation by the State of New York and the County of Suffolk. It is a private, not-for-profit facility. All of the children are under the age of six (6) years. We note further that the Code has no other definition that applies. The Code does have a definition of child care as follows: CHILD CARE - A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home occupations in this Zoning Code. Clearly, this is not an appropriate definition for our use. There is no Code definition that applies and, as we have stated, the Code definition of Nursery School is clearly applicable and accurately defines our use. To the extent "day care" is provided, it is clearly an accessory use which is explicitly permitted and included in the definition of Nursery School. In any event, the use issues were previously decided by the Zoning Board of Appeals, the Board with jurisdiction on this issue. 2. Being located within 300 feet of a gasoline service station: An issue was raised alleging that Grace's Place cannot be located within 300 feet of an existing gasoline service station. The Code places no such restriction. This question relates to Code provision §100-101-B(12)(g) in respect to conditional uses permitted in the General Business (B) District. This Code provision applies to certain uses, which include gasoline service stations, which seek to be located in the General Business District. It provides that gasoline service stations, among other uses, are conditionally permitted. One of the conditions is as follows: (g) No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, public school, library, hospital, orphanage or rest home. This Code provision has no application to Grace's Place for several reasons. First, we are not a gasoline service or repair shop or similar use seeking to be located in a General Business District. This restriction applies only to applications by gasoline service or repair shop or similar use which seeks to be located in a General Business District. There is no similar restriction that applies to Grace's Place anywhere in the Code. Furthermore, Grace's Place is not a church, public school, library, hospital, orphanage or rest home. Therefore, the restrictions contained in this code provision are not applicable in any event. Finally, the building where Grace's Place will be located is in excess of 300 hundred feet from the gasoline service station in issue. We also note that this would have been an issue to be decided by the Zoning Board of Appeals as part of the special use permit process. That the Board of Appeals did not apply this Code provision to Grace's Place is consistent with our interpretation that it clearly does not apply to us. 3. Access: The Site Plan before the Planning Board is fully conforming to the subdivision approval, including in regard to the access from County Road 48. We are aware that the Town may acquire development rights to the adjoining parcels to the west and may thereafter request that we cooperate in modifying the access and possibly conveying a portion of our land that currently serves as the access point and driveway. No formal request has been made and we are not aware that any is forthcoming. We do not know if this is all speculation or if and when this may take place. We are ready to proceed now. Our funding is in place and awaits site plan approval and building permits. We have completed a competitive bid process and have awarded the contract. Further delay will cause substantial financial hardship. We are fully conforming and respectfully submit that we cannot lawfully be delayed pending the possibility of a modification of the access point which we are not requesting. In short, we respectfully submit that it is wrong to delay our final site plan approval because of this issue. We will state unequivocally that, after we have received final site plan approval and building permits, if at any time in the future there is a request made in this regard, we would be willing to cooperate fully, including conveyance of a portion of our property to the town. Conclusion There exists no basis in the applicable zoning code provisions or in applicable law to further delay the final site plan approval. We have submitted a fully conforming site plan which has received all necessary approvals, including those of the Zoning Board of Appeals of the Town of Southold and the Suffolk County Board of Health. We respectfully submit that none of the issues discussed herein or that have otherwise been raised can be lawfully relied upon to delay further this site plan approval. For all of these reasons, we respectfully request that the final site plan be approved at the earliest possible time. We would request, however, that if there are further questions that exists, that we be given the opportunity to respond. JFM:cc Matthews & Matthews Attorneys At Law 191 New York Avenue Huntington, New York 11743 631-673-7555 FAX: 631-425-7030 James F. Matthews Pntricia Lo~us Matthews Fax Transmission W: $16-294-5385 Kev~n J. O'Brien Murphy, Bartol& O'Brien 22 Jericho Turnpike Mineola, New York 11501 June 10, 2002 Re: Request for Voluntary Conditions Dear Mr. O'Brien: In response to your fax letter of June 7, 2002, and in furtherance of our discussions this momlng, please be advised that our client is willing to execute restrictive covenants w/th the following terms: The use of the subject premises is limited to childcare or early childhood development for pre-kindergarten children only. The premises shall not be used aller 7 P.M. except for parent meetings no more than four (4) times per month consisting of no more than fifteen 15 persons, including staff and parents, for each such meeting. The use of the p~emises is limited to early childhood development el'hid care only consistent with the July 19, 2001 decision of the Zoning Board o£Appeals of the Town of Southold, Application No. 4969, and that same shall not be used for a gathering place for farm workers or a hiring hall. The premises shall be improved by a one-story building only and there will be no further expansion with the building or the use of the subject property. Any Hghting on the subject premises shall be designed in such a manner so that the source of lighting can not be seen from adjacent properties or roadways and the lighting itself shall be designed in such a manner so as not to spray beyond the subject property Ohm adjoining properties or roadways. Any landscaping on the subject premises shall be continually maintained and replaced when and if same becomes necessa.D,. The aforesaid restrictions shall constitute restrictive covenants which shall mn with the land and shall be recorded in thc Suffolk County Clerk's Office and are enforceable either by the Town or sm'rounding property o'0~ncrs. ~ We will represent that these will be reCOrded in a properly prepared document. HoweC, er, if you can prepare same we are prepared to ex¢oute same tonight upon the final approval of the site plan by the Planning Board. Attached are the legal descaziptions. The signatory for the property owner is as follows: New York State Federation of Processors & Growers,-Inc., d/b/a Agri-Business Child Development, by Maggie Eva.ns, Executive Director. Please advise if you require anything flat,her. 337M:cc Enclosure (~ : oo CC~v~ C. OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD LAND STREET ~ i ~)"~0 ACR. ~,_/, ~ TYPE OF BLD. ~ L ' PROP. CLASS IMP. TOTAL VILLAGE DATE REMARKS. FRONTAGE ON WATER FRONTAGE ONROAD TILLABLE DEPTH BULKHEAD MEADOWLAND HOUSE/,,LOT TOTAL -LAND IMP. TOTAL DATE FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD DEPTH MEADOWLAND BULKHEAD HOUSE/~OT TOTAL NEEL~, F'OPE ~ MO01~,l"41~. LL(:;3 FAX COVER SHEET Phone: Fax: From: Date: Re: Victor L~Eplattenier 765-1938 765-3136 Shana Lacey April 2, 2002 Enviromnemal Assessment Review Grace's Place DayCare Center, Peconic SCTM #1000.74-04-4.7 & 4.8 NP&V g02084 No. of Pages: 7 (including Cover) Comments: Victor, Attached please find the Environmental Assessment Review for the above referenced project. I will also mail a hard copy for your fries. Please feel free to call me directly should you have any questions or require any additional information. Sincerely, Shana ENVIRONMENTAL A$$ESS~IENT REVIEW ENV1 ROI'~,'PvlENTa. I_+ AN1) PLANNING CONSIDERATIONS GRACE'$ PLACE ]DAY CARE CENTliI~ @ PECONIC Prepared for: Prepared by: Victor L'Eplattenier, Senior Planner Town of Southold Town Boar& Town H~dl 53095 Main Road Southold, New York 11971-0959 Nelson, Pope & VoorNs, I. LC 572 Walt Whimmn Road Melville, New York 117,~7 Date: Apd] 2, 2002 Thc Town of $outhold Town Board has retained Nelson, Pope & Voorhis, LLC (NP&V) for consulting services in review of the above referenced application, The proposed action involves the construction of an approximately 7,000 s.f. day care center, a '7,000 s.f. playground, and associated pa,~rking facihties and an aoce4s drive on a~6 acre parccl~afiland in Pecomc~ Th~ site is zo~ed A-C Agricultural Conservation and the application has received a special exception approval from the Board of Appeals. The site is cumenfly vacant, undeveloped land dominat6xl by early successional species. This document analyzes the site and area resources including topography, soils, water, land use, zoning and transpotXation and other available information. The site has also been inspected for environm~ntal/planning constraints. Looation and Site Overview The overall project site is 4.59 acres in size and is located on the south side of Middle Read (CR 48), approximately 300 feet west cf Paul's Lane (privam road) in Pcconic. Town of Southold, Coum3 of Suffolk. The subject property can be mOre pagicularly described as $CTM number 1000-74-04-4.7 and ~.8. The parcel contains a total of 653.71 feet of frontage on Middle Road (CR 48) to the north. The southern property bounds-fy maintains 389.06 feet of frontage along the Long island Rail Road (LIRR) fight-of-way, The site ir cm-rently vacant uodeveloped land donUnated bs. early successio.al species. Page I Ti~e sttc does not contain wetland vegetation or environmentally sensitive features. Additionally, thc sire docs not contain any known historically and ecologically significant resources, although is depicted on the NYS Office of Parks, Recreation and H~stonc Preservation (NYS OPRHP) Ci~cies and Squmcs Map as being located within or adjacent to an area containing multiple site sensitlvil5. This review will discuss the proposed project and its potential impact on [he sites environmental resources. Proposed Prolog The proposed action m¥olvcs thc construction of an approximately %000 s,f. day care center on a 4.6 acre parcel cf land in Peconic. A 7,000 s.f. playground is proposed on the east side of the proI~Sed structure, with a total of 29 park/ns stalls to be located on the south side of the structure The remainder of the site will be revegetated with seeded [awn and landscape trees. The single access drive is located at the wes[emmost extension of the site, extend/ns nearly the length of tire frontage on Middle Road (CR 48). The site is zoned A-C Agricultural Conscrvatmn, and the application has received a special exception approval from the Zoning Board of Appeals for a Day Car~ Center with up to 76 students in the A-C zone. The applicant has indicated in the EAF Part I that the day care center will be occupied by 75 students and 25 teachers. The project will not be conneCted to public water and will utilize: a l0 gallon per minute (Spin) well for domestic and irrigation purposes. The Planning Board has declared itself lead agency on th/s unlisted action. A Phase ] Site Assessment for the subject property was prepared by Dvirka and Bartilucci (dated May, 200I) which recommended that limited soil and groundwater sampling be conducted to establish existing baseline conditions at the site. Freudenthal & Elkowitz Consulting Group, Inc. prepared a Phase 1i Environmental Site Assessment (ESA) in July of 2001 based on the recognized environmental conditions outlined in the Phase I The Phase II £SA states that the vicinity' of the site has beenrepor[~ by th~ NYSDEC to De an - area where the shallow aquifer has historically been impacted by nitrates and the presence or the same are likely not reflective of site-related impacts. Nitrate was present in the TW-2 groundwater samples below the NYSDEC Class GA standard of I0 ms/l, however it was recommended that alternative sources of potable drinking water (c.g,, public drinking water, installing a well deeper into the aquifer system, etc.) be evaluated to supply water to the student population. Further, typical residual chlorinated pesticide compounds and arsenic were present in all four of the soil samples. Thc Phase II ESA recommends that a reasonable soil management program can be developed to address the detected exceedances of residual pesticictos and arsenic. This soil management program would likely include grading of the site to reduce concentrations in areas of potential exposure routes such as the playground area. This typically includes a retesting of surface soil for residual pesticide concentrations at the time of final grading and ,site development at areas not under building footp~nts or other impervious surfaces. Grate's Place @ Pe~otdc £AF P~r~ 1 Re,sew lYP&V ~01~ the :ar~ez p~putatioa Cf young chddren on size m' a re~dt qf the proposed project, it is r~ccut~;~e~ded li~at fhe pcolec~ comply Youth the recommendations cf the SCDHS ~vitb regard to .~atLrfi~trt~vry water quMiU, qf rhe so-site ~vell for potable water, as ~,~e~[ a,~ with the Phaxe 1I ESA ~ecs. t~tt~enda~iotr of th~ itni)le~t~e~t?atiott q/'a soil management program at~d fi~rther testing prior Land Use and ZoniNg The prc(icct site is located in an area that contains a mix of residential, commcrcia.Uindustrial, agricultura! Md undeveloped vacant land. The dominant land use in the imn~diate area is agricult~4ai, with residential, cor~m~ercial and vacant undeveloped land ,also dominant in the vicinity Add'itionally, the site is also lo~,ated on the scenic corridor of Middle Road (CR 48). The suuject site is zoned A-C Agricultural Conservation (A-C) District, wtuch reqmrm a minimum lot size of 80,000 SF, lot coverage of 20% of the lot area, and a minimum livable floor area al: 850 s.[ per dwelling. Alloy, ed uses within the A-C zoning district include single family detached dwellings, specified agncnltural operations, building, structures or u~es owned or operated by the Town of Southold, school districts, park disfficts and fire districts, and winetSes. A nursery school is pcrmJ.~ted by special exception by the Board of Appeals within the A-C zone, The Board of Appeals has granted special exception approval to the proposed project for 76 children within the A-C zone. With the exception of the Amoco gas station, the existing commercial uses east of the site are set back from CR 48 and located adjacent to the Long Island Railroad with front landscaping masking most of the commercial operations. The proposed nursery will maintain an approximately 170 frmt setback fi'om CR 48, and represents a more intense uae as compared to the allowable uses within the A-C zone. As such, the proposed use may not be consistent with the CR 48 Corridor Study; however, as noted, the ZBA has authorized the uae by special exception. Limited buffering vegetation is propo~d in the eastern portion of the site north of the proposes playground area. The Planning Board may wish to consider requiring additional buffering vegetation along the GR 4g mad, frontage to maintain ~he scenic quality of this corridor. AC zoning is located to the west, south and northwest, with R-40 zoning to the north and B Business zoning to the east. R-80 zoning is located to the northeast, with a mix of zoning classifications including LI, I-'IB, R-80 and R-.40 located farther to the east and southeast. Land use in the general area is predominantly agricultural, with some residential and commercial uses fronting on Middle Road, m~d appears to reflect the cutxent zoning regular2ons. 'Traffic Generation The proposed use woui. d be expected to increase traffic generation ut~on full establishmant cf the s~te a~ compared to existing conditions. The proposed project would be e);pected to generate 61 trips (32 entering 29 exitingll dt'.fir,~ the AM peak hour and 65 raps (30 entering, 35 exiting) ~unng the PM peak hour (Microtrarls, 6ti' Edition, 1997), This represents a six fold increase in · ' ' Grate's Place I~ EAF P~t I Re~ti~w · e ;~-~ant el' '~m£fi¢ generated as compared to d~ve]opmem of the p~o?~B, w~th smgle family dwellings. As previo~i2~ stated, access to the day care center is provided by a single s~te access drive Ioca~.ed at the western, most ex~ension ~f the site. The site and adjacent properties to the west have been designed *uch that each lot has a common access point in relatively the same location on Middle Road. The combined site access points of these lob have merit should the properties be developed residentially, however lhe configuration of the site access for the day care center ma), nor be optimum, due to the significantly higher number of trlp~ entering/exiting the gi~e. This could create a cumulative impact on the role[way particularly as future developmon! and subsequent td[~ generation of' the adjoining properties is unknown. Cross easements could be created along the site'S [rontage such that a frontage road is created and common acces~ is achieved for the site and adjoining properties. The horizontal and vertical road curvature of Middle Road (CR 48) allows relatively good sight distance. The site is relatively flat throughout, with all existing slopes between approdmately 0-10%. The property doea not contain any significant landform or SCOlds/cai features. The Suffolk County Soil Survey (Warner, 1975) identifies one soil t)l~e on the subject site, which consists of Haven loam, 0 rd 2% slopes The Haven Loam seres is described within the Suffolk County Soil Survey as land which is auitable tBr development, with good leaching potential. The h~ard of erOsion hazard is slight on HaA soils with the primary management concern& consisting of keeping the soil from crusting after rain, maintaining tilth, and redudr~g the plowpan. This soil is used extensively from crops, and i~ i~ well suked to all crops commonly grown in the county (Warner, 19"/5). The topography and soils on site do not appear to present severe development constraints. As norad, xoi~s on sire have el~vcaed concentrations of pest~cides. Prior studies have detern~ined that a soils management plan i.~' appropriate i~ order to protect future sire users frorn contact with soils. Should th~ .Plannhng Baard approve the site plan, it should be ~ubject to a soil management plan which includes ~pecific soil isolation techniques, depth of fill, ground cover establishment, specifics on testing to ensure satisfactory remedial activities, and a tirru~ sequence/schedule and methods to ensure the effectiveness of soil management. This material should be reviewed and approved by aa appropriate entity wlth expe~?ise to review Such an plan. Public water is supplied to the general area ~y the Suffolk County Water Authority, although the site itself is nor specifically connected to public water. The nearest Water main to the site is 12 inches in diameter and is located on east side of Peconic Lane, beginning just north of Middle Road ICR 48) The Mill Lane Well Field &Purnp Station is !dealed on the northwest corner of Middle Road and Peconic ][,~ne, approximately 800 feet to the northeast. Page 4 Gracc'~ P~c¢ @ Ptconic ~'AF ?ar~ I Review ~P&V tO~ mu[fipiicr o' Z5 gallons p~ capita. The ~plicam h~ indicated ~h~ ~he SCWA docs not intend to extend a ~a attar main to the site at thi~ rime, and therefore thc applicant proposes to in,tall a 10 gp~¥ w&~ for dome~tic and ~gation pu¢oses. The applic~t has/ndi,atcd [hat ~e water quality at the ~ite was found to be satisfactory when two test wells were installed for the sub, vision ~d rha~ the SCDHS ~a~ approve~ the an-site well for construchon, h L~ ~oted that a satlsf~t~ w~r sompfe must be sec~,~md before SCHDS ~nal approval, h is recommetM~d that if t~ Board mlends r~ ~q~pro~,e th~x apI~lication, it should be subTecr to SCDHS water supply approval as tfze SCDIIS i.~ the appropriate age*~Q, to ~emit water supply in accordance with A~icle 4 of the &~/fi;Ik Count), Sanirau' Code. Sanitary disposal wi~in tire pmpose~ sub,vision will be managed by eh-Site underground ~ewage leaching systems, in 1978, the Long Island Regional Planning Bv~d published ~e Long I,land Comprehensive W~te Tremment M~agement Pl~ (208 Study). ~e 208 Study identified eight (8) hydrogeologic zones in Nassau ~d S~folk Coun~es. Thea~ zones were distinguished based upon di~2Zrences in un,flying goundwater flow patterns md wat~ quality. The subject site is l~ated within SCDHS ~oundwater Mmagement Zone IV, which aeco~ing to Article VI of the Suffolk County Smitau Code, h~ an allowable flow of ~ gallons per day (gpd) ~r acre in ~eas ~wed by pubhc water. The~fore, the allowable ni~ogen ~mng flow ~or the overall 4.59 acre site is 2,754 ~d. The sanity desi~ flow is computed using ~e SCDHS manual Smn~rds for Approval of Plans arm Connmction for Sewage Disposal 3~nems for Other 77mn Single Family ResMences. The ~nual estabfishes the desi~ flow as follows: Day Sch~l 5 gpd/capita* 5~ ~ C~eteria 2.5 ~/caDita 250 gpd 750 ~ *not ~ncladi~g ~d preg~a[~on Therefore, the proposed applications would conform with Article V1 of the Suffolk County Sanitary Code and would not be expected to adversel affect roundwater u ' , v' :broP~Piy tuner orang systems are (~zgned ~d nstalled. It s no~d that the SCDHS t~icalty requires a multiplier of 30 gp~seat for f~d establishment services resul~ng in a ~tal flow of 3,500 ~O for the pressed proj~t (3,000 gpd ~tchen; 500 gpd day ~ch~l). that the muIr¢liers ~tlti~ by the ~li~o dete~ine sani~a~ flow be confi~ed with the SCDH~, pan~ularly as the proposed projact would ~ ~b~c,le V( ~nder their The elevation of grotlnclwater benes, th the subject site is approximately C, feet above mean level (msl) according to the 1999 SCDHS wat~' table map. The topograph/c elevation on site is approximately 30 £eet above msl, based on the USGS topographic map. Therefore, the rrUmmum depr~ to grour~dwat~r is approximately _96 feet. The direction of groundwater flow is expected to Be horizontal and to tee north, northeast The depth to ground'~ater on site is not expected to have significa]~t constraints on the location of septic system. A standard, three poe] septic systetn typicafly lequires a minimum depth to groundwater of approximately 9-10 feet Lo allow adeq]¢te depth for leaching, The SCDHS will review plans prmr to permit issuance. Page EAF ?art I Review SUMMARY In conclusion, the proposed action involves the construction of m~ approx/mately 7,000 s.f. ~y care center, a 7,000 s.f. playground, and associated parkin8 facilities and access drive on a 4,6 acre p~rcel of land in Pecotfic. The site does not up.ar to cont,xin significant environmental features that would limit ~'uture development, provided adequate ~ainage and containment of site runoff are achieved and sanitary ~y~tems are properly designed and constructed. Any future development will increase wastewater generation, solid waste generation and water use, in addit:ot~ to increasing traffic and taxes which would be distributed to the various jurisd/cdons. The proposed project will utilize an on site welt for potable water and irrigation purposes and will not be connected to public water. The site is located within an area that i$ reported as historically impacted by nitrates, Additionally, residual chlorinated pesticide compounds and arsenic were present in soil samples taken on the subject property. The following recommendations are provided: The site lies within one (l) mile of a known archaeological site, as indicated by tM location of the site on the Circles and Squares Map (area of multiple site senshtvity). We are awaiting confirmation from OPRHP; however, it is expect~ that a Stage I Cultm'al Resourca Assessment will be recommended by OP1C-q~ to be performed prior to site disturbance. 2. Due to the target population of young children on site a~ a result of the proposed project, it is reconmaended that the projaet comply with the recomm.adations of the SCDHS with regard ro satisfactory water quality of the an-site well for potable water It is noted that a satisfactory water sample must be secured before SCHDS final approval. It is recommended that if the Board intends te approve this application, it should ~e subject m $CDH$ water supply approval a.s the SCDHS is the appropriate agency to permit water supply in accordance with Article 4 of the Suffolk County Sanitm¢/Code. 3, Soils on site have elevated concentrations of pesticides. Prior studies have determined that a soils management plan is appropriate in order to protect future site users from contact with soils. ::Should the Pta~i~g Boal~:up~r6ve the Site plan, =it:~hould:~ubjeq i~oll manage~ff~i~h which includ.s ~peciflc soil isolalion I:~chniquc~, depth of fill, ground cover establishment. ~pecific~; on t~ting to en~ure ~afisfactory remedial activities, and a time sequengedschedule and methods ~ ensure the ~ft'ectiveness of soil management. This material should be reviewed arid approved by an appropriate entity with e~porfi~e to review such an .p~.~. 4, It is recommended tlmt the multipliers utilized by i~e aPplicam to determille, t~anitary flew be confirmed with the SCDHS~ particularly as the proposed project would not comply wilh Article VI under the loner scenario, The Planning Board may cvnsider this information prior to rendering a SEQR Determination of Significance~ If these ~ssues are satisfactorily addressed, a Negative Declaration may be appropriate at the om:d s dlscretmn Nq~&:V would be pleased to further review any additional information and/or provide a recommended Determination of Significance with furlher input from the Beard, P~ge 6 TOTAL P. 11:00 HIdNT IN, SION CENTR pAGE 491 New York Avenue Huntlrlgton, New YoH~ 11743 (e3~) 673-r$55 fax (63~) 428,7030 Fax O Urgent ~ For Review [~ Please Comment [] l'lease Reply ~] Please Recycle ii: o~ H~TINfSTON O CEbITR PAGE ~2 Patrida Le~tus M, atthew~ Far ~'ansmtsston to: .,e16.294.$.~8.*~ Kevm J. O'Brte~ M'arphy, Barrel & O'Bfieo 22 Jericho Turnpike Min¢ola, New York 1 I501 Matthews & Matthews Attorneys At Law 191 New York Avenue Huntington, New York 11743 631-673-~/555 FAX: 631-425-7030 June lO, 2002 Re: Request for Voluntary Conditions Dear Mr. O'Brien: In response to your fax letter of June 7, 2002, and in furtherance of our discussions this morning, please be advised that our client is willing to execute restrlc d'~e covens.nfs with the following terms: The use of thc subject premi,es is limited to childcare or early childhood develoPment for pre-kindergarten children only. The prennses shall not be used after 7 P.M. excep~ tbr parent meetings no more than four (4) times per month consisting of no more tharx fifteen 15 persons, including staff and parents, for each such meeting. The use of the premises is limited to early cl'dl0,hood developmem child care only consistent 'with the luly 19, 2001 decision o£the Zoning Board of Appeals of the Town o£ Southold, Application No. 4969, and that same shall not be used for a gathering place for farm workers or a hiring hail. The premises shall be improved by a one-story building otdy and there will be no further expansion with tho building or the use of the subject property. Any fighting on the subject premises shall be designed m such a manner so that *-he source of llghting can not be seen from adjacent properties or roadways and the lighting itself shall be designed m such a manner so as not Io spray beyond the subject property onto adjoining properties or roadways. Any landscaping on the subject premises shall bc continually maJntah~ed and replaced when and if sam© becomes necessary. The More, said restrictions sh~ll constitute restrictive covenants ~vhich shall run with thc land and shall be recorded in the Suffotk County Clerk's Office and are ~forceable either by the Towm or sun'outfling property owners. We will repre~nt that these will be recorded in a properly prepared document. However, i£yo~ ca~ prepare saxne we are prepared to execute same tonight upon the final approval of the sate plan by the Pl~tmaing Board. Attached are the legal descriptions. The signatory for the property own.er is as follows: New York State Federation of Processors & Crowers, Inc.. d/b/a Agri-Business C~ld Development, by Maggie Evans, Executive Director. Please advi~e if you require anything further. Enclosure JOHN SKABRY 390 Henry's Lane · Peconic, NY 11958 631-734-6786 skabrysr@aol.com Mr. Bennet Orlowski Jr. & Board Members Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, NY 11971 June 6, 2002 Dear Mr. Orlowski & Board Members: Please add the following reasons for not approving the proposed site plan for "Grace's Place" aka Agri-Business Child Development Center, located on Route 48 in Peconic. Southold Code, Zoning, 100-10, pg. 10086, (g) "No gasoline service or repair shops or similar businesses are to be located within 300 feet of a church, public school, library, hospital, orphanage or rest home." Graces Place is 100 feet from the Amoco Gas Station. Please see attached excerpts. Southold Code, Tobacco Advertising, Chapter 86-1, pg. 8606, no tobacco advertising within 1,000 feet of a child day-care center. The Amoco Gas Station has such advertising. Please see attached excerpts. The applicant failed to post new signs on this property and new certified letters to neighbors indicating that the Planning Board Final Hearing Date had been changed to June 10, 2002. The original signs posted indicated that a Nursery School was proposed, in fact they are building a Day Care Center. Please see attached definitions. Thank you. _.S h2o. Id Town Planning Boarcl § 100-101 ZONING § 100-101 provided, subject to site plan approval by the pl..nlng Board: (1) Any special exception use as set forth in and regulated by § 100-31B(2) to (12), except wineries are not required to be in connection with a vineyard. [Amended 8-1-1989 by L.L. No. 15-1989] (2) Hotel or motel uses as set forth in and regulated by § 100-61B(4) of the Resort ResMential (RR) District, except that the minimum lot size shall be three (3) acres. [Amended 8-18-1991 by L.L. No. 19-1991] (3) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(14) of the Agricultural-Conservation District, ~cept that no site plan approval is required. (4) Tourist camps as regulated by Chapter 88, Tourist and Trailer Camps, of the Town Code. (5) Research, design or development laboratories, provided that any manufacturing shall be limited to prototypes and products for testing. (6) Fully enclosed commercial recreation facilities, including but not limited to tennis clubs, skating rinks, paddle tennis, handball and squash facilities, dance halls, billiard parlors, bowling alleys, health spas .and clubs and uses normally accessory and inddental to commercial recreation, such as locker rooms, eating and drinking facilities and retail sale of goods associated with the particular activity. (7) Laundry or dry-cleRuing plante, subject to the following conditions: (a) All processes and storage sh~ll be carded on within an anclosed building. (b) Ail fluids used in processing shall be recycled, and the overall facility shall be designed, 10085 ~-~s-ss § 100-101 SOUTHOLD CODE § 100-101 located and opera~ed to protect surface waters and the groundwater reservoir from pollution. (8) Fraternal or social institutional offices or meeting halls (nonprofit). (9) Take-out restaurants, provided that eating on the premises of the take-out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where the winlm~lm lot size for a freestanding structure is forty thousand (40,000) square feet. [Amended 5-16-1994 by L.L. No. 9-1994] (10) Drlnk;ng establishments. (11) Automobile laundr~esi~ (12) Public garages, ~asoline service stations, new and used motor vehicle lots, vehicle sales snd rental, including the sale of recreation vehicles and trailers and boat sales, witt~ accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not lees than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle bacldng out across any public right-of-way. Co) Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. (c) Vehicle ~ or pits, dismantled automob'fles, boats and vehicles and all parts or supplies sh=l! be located w/thin a building. (d) All service or repair of motor vehicles, other than such minor servicing as change of tires or 10086 1-2~-os § 100-101 ZONING § 100-101 sale of gasoline or oil, shall be conducted in a building. (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet~ from any street or property line. (g)7 No gasoline service or repair shops or similar businesses are to be located within three hundred (300) feet of a church, p.~c school, library, hospital,~orphanage or rest home. (13) Partial self-service gasoline service stations, subject to all of the provisions of § 100-101B(12) herein and the following additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self- service pump island and the dispensing equipment on the other pump islands. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equ/pment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason 10087 § 100-101 SOUTHOLD CODE § 100~101 whatever, including when he is operating the dispensing equipment on the other pump islands. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed ~lew of the operation of said remote dispensing equipment. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this p,~mp is manually operated. (e) The self-service pump island shall be protected by an automatic fire-protection system in the 'form of an approved system of dry powder release which will act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. (g) There shall be no latch-open device on any self- service dispensing nozzle. (14) Private transportation service, including garage and maintenance facilities. (15) One-family detached dwellings, not to exceed one (1) dwelling on each lot. [Added 7-13-1993 by L.L. No. 11-1993] (Cont'd on page 10089) 10088 ay-care center lay-cam center, institution for the care of children of working parents; also called day nursery, but not to be confused with nursery school. ~)riginating in Europe in the late 18th cant., day-care facilities were first established in the U.S. by private charities in the 1850s. The women's novement and other social developments during the 20th cant. have spurred the growth of day-care canters and encouraged businesses to ~steblish them. '[he Concise Columbia Encyclopedia is licansed from Columbia University Press. Copyright © 1995 by Columbia University Press. All rights reserved. numery school numery school, educational institution for children aged two to four. Chiefly private, philanthropic, or cooperative, it serves primarily to promote social and educatiOnal adjustment rather than to provide daytime child care (see day-care canter). The first nursery schools were opened in London i~ 1907; pioneers in the U.S. include Teachers College, Columbia Univ. ~ Concise Columbia Encyclopedia is licansed from Columbia University Press. Copyright O 1995 by Columbia University Press. I~11 dghts reserved. day,care* :lay.cam or day cam (d§'kar/) noun ='rovision of daytime training, supervision, recreation, and often medical services for children of preschool age, for the disabled, or for the elderly ~oun, attributive :)ften used to modify another noun: daycam providers; day cam canters. The Ama#can Herflage~ Dic~donary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. I=lectmnic version licensed from INSO Corporation. All rights reserved. numery school nursery aohool noun A school for children, usually between the ages of three and five, who are not old enough to attend kindergarten. ~ nursery aehooJer t~oun The Ametfcan Heritage~ Dictionary of the English Language, Third Edi#on copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from IN$O Corporation. All dghts reserved. § 86-1 TOBACCO ADVERTISING Chapter 86 TOBACCO ADVERTISING § 86-1 § 86-1. Legislative intent and findings. § 86-2. Definitions and word usage. § 86-3. Restrictions. § 86-4. Exceptions. § 86-5. Time frame for compliance. § 86-6. Injunctions. § 86-7. Severability. ~' § 86-8. When effective. [HISTORY: Adopted by the Town Board of the Town of Southold 9-12-2000 by L.L. No. 18-2000. Amendments noted where applicable.] § 86-1. Legislative intent and findings. A. The Town Board and the staff of the Town of Southold reviewed land use studies of the location of tobacco advertising in prox~mity to schools, parks and child day- care centers. In addition, the town has exsmlned the actions and codes of other municipalities, including the City of New York and the City of Long Beach. B. The Town Board of the Town of Southold finds that restricting the exposure of minors to advertising regarding tobacco and tobacco products is constitutional when achieved through reasonable, targeted limitations on such advertising in the vicinity of schools end other locations where it is well-established that children tend to congregate. It is the intention of the Town Board to 8601 § 86-1 SOUTHOLD CODE § 86-1 enhance and augment compliance with and enforcement of federal, state and local laws prohibiting the sale or distribution of tobacco products to minors, and to protect such minors against such illegal sales. C. The Center for Disease Control and Prevention has reported that, while the rate of adult smoking of tobacco products has decreased nationwide by 50% between 1971 and 1993, the rate of smoking among all high school students has increased by 26% during the years 1991 and 1996 and now stands at the highest rate since 1981. It is further noted that this dramatic increase has occurred contrary to and at variance with the laws of all 50 states prohibiting sale and distribution of tobacco products to minors, a~d the pledge of all tobacco product manufacturers to adhere to a voluntary industry code prohibiting advertising of such products in a manner appealing to minors. D. In 1991, a study of the Journal of the American Medical Association concluded that "...cigarette advertising encourages youth to smoke and should be banned." In 1994, a report of the National Institute of Medicine stated that "...the substantial convergent evidence that .adv. ertising and promotion, increase tobacco use by youth ~s ~mpressive and ... provided a strong basis for legal regulation." In 1995, a report of the federal Center for Disease Control and Prevention found that "...cigarette marketing practices appeared to be the most likely account for [the] increase in teen smoking initiation rates." E. In 1997, Liggett & Myers, Inc., a cigarette manufacturer, made the following acknowledgement in executing a settlement agreement with the Attorney Generals of 17 states, including the State of New York, "... Liggett acknowledges that the tobacco industry markets to 'youth,' which means those under 18 years of age..." F. Based upon the preponderance of the evidence that tobacco products are advertised and promoted to minors, 8602 § 86-1 TOBACCO ADVERTISING § 86-2 and that the rate of use of tobacco products by minors has drastically increased contrary to legislation prohibiting the sale or distribution of such products to minors, the Town Board of the Town of Southold hereby finds and declares it to be in the best interests of minors residing and/or otherwise present within the town to enact affirmative, reasonable and constitutionally permissible restrictions on the advertising of tobacco products. ~ By enacting this legislation, it is the intent of the Town Board to promote compliance with and enforcement of federal, state and local laws prohibiting sale or distribution of tobacco products to minors, and therefore, in deference to the protections afforded by the First Amendment to ~he Constitution of the United States, this legislation has boon narrowly drafted to place reasonable time, place and manner restrictions on such .advertising in those locations where it is well-established that minors tend to congregate, while not imposing restrictions on such advertising clearly directed to adults. § 86-2. Definitions and word usage. A. Definitions. For the purposes of this chapter, the following terms shall have the meanings indicated herein, unless specifically indicated otherwise: ~ENTER: (1) Includes the following: (a) Any child-care arrangement, ~ private or parochial child-care center, school-age child- care program, day nursery school, kindergarten, play school or other similar school or service operating pursuant to authorization, license or permit of New York State. 8603 ii - ~s- eooo § 86-2 SOUTHOLD CODE § 86-2 (b) Any facility that provides child-care services as defined in § 410-p of the New York State Social Services Law. (c) Any child day-care center as defined in § 390 of the New York State Social Services Law. (2) Said definition shall apply whether or not care is given for compensation, but shall not include child day-care centers located in private dwellings and multiple dwelling units. CIGARETTE -- Includes the following: (1) Any roll of tobacco wrapped in paper or any other substance not containing tobacco. (2) Any roll of tobacco Wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco contained therein or its packaging and labeling, is offered for use or purchase as cigarette as described in Subsection (1) of this definition. DWEI .I.ING -- Includes the following'.. (1) MULTIPLE DWELLING ~ Any building or group of buildings designed for or occupied exclusively by three or more families living independently of each other. (2) MULTIPLE DWELLING UNIT-- Any separated, independent unit of residential accommodation in a multiple dwelling. (3) PRIVATE DWEIJJNG -- Any building or structure or portion thereof that may lawfully be occupied for residential purposes by not more than two fsmilles, including the grounds of such building or ~tructure. PARK-- Includes active and passive public lands designated for park purposes by the Town of Southold, County of Suffolk, State of New York, United States of America or any other subdivision of government. 8604 n-15-2ooo § 86-2 TOBACCO ADVERTISING § 86-2 PERSON -- Any natural person, partnership, copartnership, firm, company, corporation, limited liability corporation, association, joint-stock association or other legal entity. SCHOOL-- Includes buildings, structures, premises or places, together with the grounds thereof, which are used primarily for public or private educational facilities at or below the twelfth-grade level, as recognized and defined by the New York State Department of Education, including but not limited to preschools; kindergartens; nursery, elementary, primary, intermediate, junior high, middle, secondary, high, vocational and special. TOBACCO -- Includes the following: (1) CIGARETTE TOBA~CCO__ Loose tobacco intended for use in what is commonly advertised as a cigarette. (2) SMOKELESS TOBACCO-- Includes any cut, ground, powdered or leaf tobacco that is intended to be placed in a person's oral cavity. (3) TOBACCO PRODUCT-- Includes a cigarette, smokeless tobacco or cigarette tobacco. ,TOBACCO PRODUCT ADVERTISEMENT-- Includes any written word, picture, logo, symbol, motto, selling message, poster, placard, sign, photograph, device, graphic display or visual image of any kind, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of tobacco product, or any combination thereof, the purpose or effect of which is to promote the use, sale or distribution of a tobacco product through such means as, but not limited to, the identification of a brand of tobacco product, a trademark of a tobacco product or a trade name associated exclusively with a tobacco product. 8605 11 - 15 - 2000 § 86-2 SOUTHOLD CODE § 86-4 B. Word usage. Words used in the singular in this chapter shall include the plural aud vice versa. The word "shall" is always mandatory. § 86-3. Restrictions. It shall be unlawful for any person to place, cause to placed, maintain or cause to be maintained, a tobacco pro. duct advertisement in the following manner: ' A. In any outdoor area within 1,000 feet, in any direction, of any child day-care center, park or school. B. In the interior of a building or structure which is within 1,000 feet, in any direction, of any child day-care center, park or school when such adve~,isement is within five feet of a~y exterior window or any door which is used for entry to or egress from the building or structure by the / public; except that such advertisements may be placed or .m, aintained in the interior of any such premises where mey are parallel to said windows or entryways and face inward, or affixed to a wall panel or similar fixture that/ is perpendicular to said windows or entryways. § 86-4. Exceptions. A. Nothing in this chapter shall prevent a tobacco product manufacturer, distributor or retailer from placing, causing to be placed, maintaining or causing to be maintained, its corporate or other business name on such a building or structare, in any location, where such building or structure or a portion thereof is owned, operated or leased by them us their principal place of business; provided, however, that said corporate or other business name is properly registered or filed in the United States and/or they are duly authorized to do business in any state, and said corporate or business name does not include any tobacco product advertise- ment as defined in this chapter. 8606 11 - 15 - 2000 Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR) User's Guide INTRODUCTION~ The Legislature is responsible for enacting the general laws in New York State. In doing so, the Legislature often delegates 'Yule making powers" to the state's administrative departments and agencies. These agencies are then em- powered to develop and enforce the rules and regulations they find necessary to implement the broad policies adopted by the Legislature. An outline of this process can be found below, in the Rule Making in New York section. The full text of agency rules is publish~ d in the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), prepared by the Department of State and published by West Group. The NYCRR contains the nonadministrative rules and regulations of over 100 government agencies, de- partments, commissions, authorities, and interstate commissions, as well as the full text of the Governor's Executive Orders. A full set of the NYCRR consists of 83 loose-leaf volumes plus two general index volumes. The NYCRR is divided into 22 numbered Titles, cited NYCRR, 2 NYCRR, atc. Titles represent each of the major state agencies as~l as separate titles for Miscellaneous agencies and the Judiciary. Individual v~o~o. umes within multi-volume titles are designated by a volume identifier, such as A, Al, B, etc. The Tit]es making up the NYCRR are listed below: Title 1, Agriculture and Markets (2 volumes) Title 2, Audit and Control (Office of the State Comptroller) Title 3, Title 4, Civil Service Title 5, Economic Development Title 6, Environmental Conservation (13 volumes) Title 7, Correctional Services Title 8, Education (3 volumes) Title 9, Executive (12 volume~, with Subtitles for each Executive office, divi- sion, etc.) Title 10, Health (7 volumes) Title 11, Insurance (3 volumes) Title 12, Labor (5 volumes) Title 13, Law (Office of the Attorney General) Title 14, Mental Hygiene (3 volumes) Title 15, Motor Vehicles (7 volumes) Title 16, Public Service (3 volumes) Title 17, Transportation (3 volumes) Title 18, Department of Family Assistance (4 volumes) .Title 19, State (Office of the Secretary of State) T~itle 20, Taxation and Finsnce (4 volumes) tle 21, Miscellaneous (3 volumes) le 22, Judiciary (4 volumes) stet Index (2 volumes) User~uide Design of Individual Volumes Colored tabs denote and separate the major sections within volumes. At a minimum, this includes the Table of Current Pages; Tables of Contents; body of NYCRR text in the volume; a~l any additional material that may be relevant, such as Appendixes and Annotations. The Table of Current Pages helps users establish the c. urrentness of any page and is discussed further below (see Updating Volumes). Immediately following the Table of Current Pages is a Comprehensive Table of Contents that lists the major contents in every volume within a multi-volume Title, followed by a more specific Table of Contents for the volume"itself. One needs only to look at the Comprehensive Table of Contents in any Executive volume, for instance, to see the major breakdown of contents in all 12 volumes in Title 9 of the NYCRR. Many volumes contain Annotations of relevant case notes on how courts have ruled on particular issues arising under specific sections of the NYCRR. The Annotations also contain research references to other source material such ss American Jurisprudence 2d, New York Jurisprudence 2d, American Law Re- ports and McKinney's Consolidated Laws of New York Annotated. A full NYCRR set also includes a comprehensive two-volume Master Index. The Master Index provides a direct route to the useful synonyms and concepts that do not expressly appear in the regulatory text. Entries appear in a read- able, easy-to-skim, two-column format. Updating Volumes The print version of the N'YCRR is updated through an on-going supplemen- tation service. The goal is to maintain the currentness of the NYCRR within one month of an amendment and to provide semimonthly supplements to subscrib. ers. Print supplementation contains two major features for each volume being updated: Filing Instructions and an amended Table of Current Pages. Filing Instructions tell you which "old" pages to remove from the existing volume, which revised pages to insert in their place and where to insert new pages. The Filing Instructions also make a handy check off sheet to help the filer keep track of what has been removed and inserted. Once you have removed all the old pages and inserted the revised and new pages, you can discard the UG 2 Copyright O 1999 1/99 West Group