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HomeMy WebLinkAbout1000-86.-1-9 (5)PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Deecember 13, 1991 William D. Moore Moore & Moore P.O. Box 23 Mattituck, New York 11952 Re: Richmond Creek Farms Peconic, New York SCTM 9 1000-86-1-9 Dear Mr. Moore: The enclosed Draft Scoping Checklist has been reviewed by the Planning Board. Inasmuch as it has been found to be acceptable, it is being sent to you for your information and use in preparing the draft environmental impact statement. If there are any question~ about the content, please do not hesitate to contact Valerie Scopaz or Melissa Spiro. Sincerely, Bennett Orlowski, Jr. Chairman Encl. cc: Charles Bowman, Land Use Company December 6, 1991 Mr. Bennett Orlowski, Jr., Chairman Southold Planning Board Town Hall, 53095Main Road P.O. Box 1179 Southold, NY 11971 Re: Richmond Creek Farms Draft EIS Scoping Dear Benny: A Scoping Meeting was held on November 21, 1991, for the purpose of determining the content of a Draft EIS for the above referenced project. Present were: Charles J. Voorhis, CVA Charles Bowman, Land Use Co. William Moore, Attorney Valerie Scopaz, Southold Melissa Spiro, Southold The attached outline was used as a basis for discussion regarding scope. It was agreed that the Draft EIS prepared in 1987 for thisj>roject should be modified and re- submitted, as opposed to preparing a supplement. It was further agreed.that many portions of the original document can be re-utilized; however, updates, and additions wouldbe necessary. The applicant was advised of the need to have t. he revised Draft EIS conform to the attached outline, with the addition of the following points discussed at the meeting: * Discussion on Critical Environmental Area designation. * Review of information concerning groundwater contamination upgradient of site. * Update of vegetation section to current conditions. * Additional information (habitat needs, species biology) on Threatened Species and Species of Special Concern. * The origin of the wetland delineation should be stated, and a line should be established for the purpose of a Town Trustees permit. * Impact regarding any proposed construction (particularly excavations and sanitary systems) in areas with less than 10 feet to groundwater should be addressed in detail in terms of grading and fill, er.osion and extensive clearing. Avoidance of such areas should be used as the primary, mitigative tool. * Analysis of an alternative which provides all of the building envelopes in areas with an elevation greater than 10 feet. DEC - 9 1991 SOUTHOLD TOWN PLANNING BOARD 54-2 NORTH OOUNTRY ROAD, MILLER PLAOE, NY 11764 (516) 331-1455 Scope of Draft ElS Richmond Creek Farms * Discussion of constraints and problems associated with the location of the NYS Drainage easement which transects the waterfront portions of .L?t 29, and jpart of Lot 28..Mitigation of constraints should be explored, with consideration ot an alternative configuration of lots which would allow this area to be placed in open space Other aspects of the Draft EIS should conform to the outline, which will be used as a basis for determinin acce tance or re'ection of the document. You may wish t.o circulate · P J · · ' v this letter to the applicant subsequent to d~scuss~on vath the Board. Please call if you ha e any questions. enc:outline ENVIRONMENT~G CONSULTANTS ENVIRONMENT~G CONSULTANTS December 6, 1991 Mr. Bennett Orlowski, Jr., Chairman Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Richmond Creek Farms Draft EIS Scoping Dear Benny: A Scoping Meeting was held on November 21, 1991, for the purpose of determining the content of a Draft EIS for the above referenced project. Present were: Charles J. Voorhis, CVA Charles Bowman, Land Use Co. William Moore, Attorney Valerie Scopaz, Southold Melissa Spiro, Southold The attached outline was used as a basis for discussion regarding scope. It was agreed that the Draft EIS prepared in 1987 for thisproject should be modified and re- submitted, as opposed to preparing a supplement. It was further agreed that many portions of the original document can be re-utilized; however, updates, and additions would be necessary. The applicant was advised of the need to have the revised Draft ElS conform to the attached outline, with the addition of the following points discussed at the meeting: * Discussion on Critical Environmental Area designation. * Review of information concerning groundwater contamination upgradient of site. * Update of vegetation section to current conditions. * Additional information (habitat needs, species biology) on Threatened Species and Species of Special Concern. * The origin of the wetland delineation should be stated, and a line should be established for the purpose of a Town Trustees permit. * Impact regarding any proposed construction (particularly excavations and sanitary systems) in areas with less than 10 feet to g.roundwater should be addressed in detail in terms ofgrading and fill, erosion and extensive clearing. Avoidance of such areas shouldbe used as the prima~ mitigative tool. * Analysis of an alternative which provides all of the building envelopes in areas with an elevation greater than 10 feet. SOIffHOLO PLAr'~NING BOARD 54-2 NORTH COUNTRY ROAD, MILLER PLACE, N'Y 11764 (516) 331-1455 Page 1 Scope of Draft ElS Richmond Creek Farms Discussion of constraints and problems associated with the location of the NYS Drainage easement which transects the waterfront portions of Lot 29, and Dart of Lot 28. Mitigation of constraints should be explored, with consideration of an alternative configuration of lots which would allow this area to be placed in open space Other aspects of the Draft EIS should conform to the outline, which will be used as a basis for determining acceptance or rejection of.the document. You may wish to circulate this letter to the applicant subsequent to discussion with the Board. Please call if you have any questions. enc:outline CRAMER, VO~t~ &/~SOC,ATES ENVIRONMENT~~G CONSULTANTS Page2 DRAFT ElS SCOPING CHECKLIST RICHMOND CREEK FARMS For Discussion Purposes - November 21, 1991 This outline is intended to provide formal documentation of issues and specific details to be included in the Draft EIS for Richmond Creek Farms. The outline will be used for the format and content of the scoping meeting and will serve as a basis for understanding of the scope of the EIS. TABLE OF CONTENTS AND SUMMARY A table of contents and a brief summary are required for Draft EIS The summary will include: Brief description of the action Significant, beneficial and adverse impacts, (issues of controversy must be specified) Mitigation measures proposed Alternative considered Matters to be decided (permits, approvals, funding) II. DESCRIPTION OF THE PROPOSED ACTION PROJECT PURPOSE, NEED AND BENEFITS 1. Background and history - History of application, submission, positive declaration, hearings, status, restrictive covenants existing on land, previous uses 2. Public need for the project, and municipality o. bjectives based on adopted community developments plans - zomng and housing 3. Objectives of the project sponsor 4. Benefits of the proposed action /social economic Bo LOCATION 1. Establish geographic boundaries of the project (use of regional and local scale maps is recommended) 2. Description Of access to site - area roads 3. Description of existing zoning of proposed site DESIGN AND LAYOUT 1. Total site area - table of site quantities is recommended a) lot sizes and basis for yield b) proposed impervious surface area (roofs, parking lots, roads) c) amount of land to be cleared d) open space - proposed ownership, covenanted/dedicated areas, CRAMER, V~~CIATES ENVIRONMENT~~G CONSULTANTS Page 1 Do $coping Checklist Richmond Creek Farms 4. 5. 6. open space concept Structures - hypothetical building envelopes and building size. Identify existing structures and existing structures to be retained Road right-of-ways and proposed pavement width Parking/Driveways - hypothetical for analysis Water Supply and Samtary Disposal Stormwater Disposal - describe drainage design concept. Use natural areas where possible CONSTRUCTION AND OPERATION 1. Construction a) total construction period anticipated b) schedule of construction c) future potential development, on site or on adjoining properties 2. Erosion Control plan for s~te construction APPROVALS 1. Permit approvals - outline SEQR requirements, and distinguish between involved and interested agencies. Indicate permits required and status where possible. Ill. ENVIRONMENTAL SETFING Natural Resource A. GEOLOGY 1. Subsurface a) composition and thickness of subsurface material - to depth of 17 feet or groundwater 2. Surface cb/ List of soil types discussion of soil characteristics/limitations distribution of soil types at project site d) suitability for use 3. Topography a) description of topography at project site - slopes - natural and man-made - prominent or unique features b) description of topography of surrounding areas - only if in close proximity or affected by site WATER RESOURCES 1. Groundwater a) location and description of aquifers and recharge - depth of water table - seasonal variation - quality - quantity - hydrology direction of flow b) identification of present uses and level of use of ares CRAMER, VO~R~i~ &~',///A~SOCIATES ENVIRONMENT~ ~'~G CONSULTANTS Page 2 Scoping Checklist Richmond Creek Farms c) groundwater - location of existing wells - public/private water supply agricultural uses groundwater/water management regulations -208 study, special groundwater protection areas, NURPS study, etc. Surface Water a) Richmond Creek - NYSDEC use classification based upon Part 703 - water Quality, if available characteristics and uses - flood plain areas surface drainage features of site and area TERRESTRIAL AND AQUATIC ECOLOGY 1. Vegetation a) list vegetation types on the project site b) discussion of site vegetation characteristics - species presence and abundance - age - size - distribution - dominance - community types o unique, rare and endangered species - value as habitat for wildlife 2. Wildlife a) provide a list of wildlife utilizing site habitats or expected on site. Indicate dates of surveys and distinguish species identified on site. b) Contact Natural Heritage Program for file review of site and area. Identify Endangered, Threatened or Species of Special Concern Identify general aquatic species of creek 3. Wetlands a) Indicate location of freshwater and tidal wetlands b) Indicate method of delineation and agencies contacted for verification or agencies with jurisdiction c) Identify valuable functions of wetlands on site and adjacent site Human Resources A. TRANSPORTATION 1. Transporting services a) description of the size, capacity - roaas - parking facilities traffic control b) and condition of services - access/egress from site descripuon of current level of use of services Page 3 Co $coping Checklist Richmond Creek Farms o - a.m. and p.m. peak hour traffic flow - vehicle mix - source of existing traffic Pedestrian environment LAND USE AND ZONING 1. Existing land use and zoning a) description of the ex~sting land use of the project site and the surroundin area b) description of existing zoning of site and surrounding area c) identify open space in area, particularly adjacent natural habitats and publicly zoned land Land use plans a) description of any land use plans or master plans which include project site and surrounding area COMMUNITY SERVICES 1. Tax Revenue - determine existing tax revenue and distribution to taxing districts 2. Educational facilities 3. Police protection 4. Fire protection 5. Health care facilities 6. Social services 7. Recreational facilities 8. Utilities 9. Public water supply 10. Solid waste disposal DEMOGRAPHY 1. Population characteristics a) discussion of existing population parameters - distribution - density - household size and composition CULTURAL RESOURCES 1. Visual resources a) description of the physical character of the community b) description of natural areas of significant architectural design 2. Historic/Pre-historic Resources - Stage IA CRA a) location and descriptmn of historic areas or structures listed on State or National Register or designated by the community, or included on Statewide Inventory b) contact SHPO and determine archaeological site potential of site and area c) assess cultural resource potential of site based upon water source, food source, shelter, etc. and provide conclusion regarding site sensitivity Page 4 Scoping Checklist Richmond Creek Farms IV. SIGNIFICANT ENVIRONMENTAL IMPACTS Identify those aspects of the environmental setting in Section IV that may be adversely or beneficially affected by the proposed action and require discussion. Discuss all aspects of Environmental Setting in sufficient detail to determine if significant adv.e,r~e or beneficial impacts are expected. Identify impacts as long or short term where possio e. Provide greater detail in the following areas: Soils/Topography - Erosion potential adjacent Creek; disposal of excavated material Groundwater - Nitrogen loading based upon samtary d~sposal, femhzat~on a d pet waste. Discuss groundwater surface water interrelationship. Assess density based upon Article 6. Surface Water - Groundwater discharge to surface water, and stormwater runoff potential as related to surface water impacts. Alteration of best use classification. Impact of flood plain areas and drainage. Vegetation - Indicate quantity reduction of habitats on site. Identify unique habitats, protected and rare plants. Determine loss of habitat diversity and habitat interconnection in area. Wildlife - Identify Endangered, Threatened and Species of Special Concern that may be affected by project. Identify sensitive species that may be affected by project and assess potential for regional population changes. Wetlands - Discuss conformance with tidal and freshwater wetlands regulations including setbacks and density. Discuss any change in valuable wetland functions identified in Setting. Traffic - Determine adequacy of roads to handle traffic generated by project. Land Use and Zoning - Discuss compatibility of project with land use, zoning and land use plans. Identify loss of open space. Community Services - Predict revenue generated by. project at full buildout and compare to demands of project for various services. Identify loss of recreational use potential if applicable Demography - Estimate population generated by project and school aged children Cultural Resources - Provide qualitative assessment of visual impact of project. Based upon Stage IA determine potential impact upon ~rreplaceable cultural resources. V. MITIGATION MEASURES TO MINIMIZE ENVIRONMENTAL IMPACT Describe measures to reduce or avoid potential adverse impacts identified in Section IV. The following is a brief listing of typical measures used for some of the major areas of impact. Natural Resource A. GEOLOGY 1. Subsurface a) use excavated material for land reclamation 2. Surface a) use topsoil stockpiled during construction for restoration and landscapin b) minimize disturbance of non-construction sites CRAMER, VO~RHI,.~, 8~AS~SOCIATES Page 5 Scoping Checklist Richmond Creek Farms o c) design and implement soil erosion control plan Topography a) avoid construction on areas or steep slope b) design adequate soil erosion devices to protect areas of steep slope Bo WATER RESOURCES 1. Groundwater a) design systems to provide adequate leaching of wastewater and stormwater. h) maintain permeable areas on the site c) maximize natural areas, reduce fertilized areas 2. Surface water a) ensure use of soil erosion control techniques during construction and operation to avoid siltation examples: o hay bales o temporary restoration of vegetation to disturbed areas - landscaping b) design adequate stormwater control system c) increase wetlands setbacks and provide covenants where possible TERRESTRIAL AND AQUATIC ECOLOGY 1. Vegetation/wildlife a) restrict clearing to only those areas necessary b) preserve part of site as a natural area c) after construction, landscape site with naturally occurring vegetation ed preserve cross section of natural habitat areas. provide linkages to other sites and habitats f) preserve all wetlands and wetland functions through setbacks Human Resources A. TRANSPORTATION 1. Transportation a) design adequate and safe access to project site to handle projected traffi flow b) install adequate traffic control devices LAND USE AND ZONING 1. Existing land use and' zoning a) design project to comply with existing land use plans b) design functional and visually appealing facility to set standard and precedent for future surrounding land use COMMUNITY SERVICES 3. Utilities a) install utility services underground b) incorporate water saving fixtures into facility desi~gn c) incorporate energy-saving measures into facility aesign CRAMER, VO~S. &~$OOIATES ENVIRONMENT ~____~~1 G CONSUL TANTS Page 6 Scoping Checklist Richmond Creek Farms CULTURAL RESOURCES 1. Visual resources a) design exterior of structures to physically blend with existing surroundin b) mimmize visual impact through thoughtful and innovative design of lighting and signs (consider: height, size, intensity, glare, and hours of lighting, operation) c) design landscaping to be visually pleasing and to serve as a buffer between surrounding land uses, parking areas, operational equipment andfacilities 2. Noise a) schedule constructton/operat~on to occur dunng norma business" hours minimizinl~ noise impact during sensitive times (early morning, night) b) assure adherence to construction noise standards c) design berms and landscaping to block and absorb noise VI. ADVERSE ENVIRONMENTAL EFFECTS THAT CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED Identify those adverse environmental effects is Section IV that can be expected to occur regardless of the mitigation measures considered in Section V. VII. ALTERNATIVES This section contains categories of alternatives with examples. Discussio. n of each alternative should be at a level sufficient to permit a comparative assessment ot costs, benefits and environmental risks for each alternative. It ~s not acceptable to make simple assertions that a particular alternative is or is not feasible. CLUSTER DESIGN A - Provide alternative cluster design alternative which is sensitive to identified environmental resources and provides common open space along creek area with controlled common creek access for residents of subdivision. Bo CLUSTER DESIGN B - Provide alternative cluster design alternative which provides at least 100 feet of covenanted natural buffer area along creek, as ~eart of oversized residential lots. Reduce interior lot sizes to 20,000 square et to maximize preservation of most sensitive upland habitat areas ot site. Co NO ACTION I. Impacts of no action effect on public need effect on private developers' need beneficial or adverse environmental impacts VIII.IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES Identify those natural and human resources listed in Section III that will be consumed, converted or made unavailable for future use. CRAMER, VO~!S ¢~,~SOC IATES Page 7 Scoping Checklist Richmond Creek Farms IX. REFERENCES Provide complete list of references utilized in preparation of the report. IX. APPENDICES Following is a list of materials typically used in support of the EIS. A. List of underlying studies, reports and information considered and relied on in preparing statement Bo Technical exhibits (if any) at a le~gible scale Relevant correspondence regarding the projects may be included CRAMER, VOORH~OCIATES Page 8 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O Box 1179 Southold. New York 11971 Fax (516) 765-1823 October 10, 1991 William D. Moore Moore & Moore P.O. Box 23 Mattituck, New York 11952 Re: Proposed Major Subdivision Richmond Creek Farms Peconic, New York SCTM % 1000-86-1-9 Dear Mr. Moore: This is to confirm that the October 29th scoping session "update" meeting has been changed at your request. The new date is Thursday, November 21st at two o'clock in the afternoon at Town Hall. As mentioned in our last letter, payment of the environmental review fees must be received before the meeting, preferably by the 19th. If there are any other questions, please contact Valerie Scopaz at this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Charles Bowman, Land Use Company Charles Voorhis, Cramer, Voorhis & Associates Daniel Marcucci, Principal W'dliam D. Moore Patricla C. Moore MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 Margaret Rutkowski Secretary October 9, 1991 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Attention: Ms. Valerie Scopaz Dear Valerie: Re: Richmond Creek Farms This letter is written to confirm the scoping update session scheduled for November 21, 1991 at 2:00 p.m. at your office. We will have a representative from the Land Use Company there, myself, and, if possible, one of the panners involved in the project. Please call if you have any questions. WDM/mr cc: Daniel Marcucci Brian Boehm, Esq. Land Use Company Very truly yours, Wi~lliam D~. Moore C PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr, Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-I938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 OCtober 4, 1991 William D. Moore Moore & Moore P.O. Box 23 Mattituck, New York 11952 Re: Proposed Major subdivision Richmond Creek Farms Peconic, New York SCTM g 1000-86-1-9 Dear Mr. Moore: This is to confirm that a new scoping session "update" meeting has been set for Tuesday, October 29, 1991 at half past two in the afternoon. The meeting will be held in Town Hall. As mentioned in our last letter, payment of the environmental review fees totalling twelve hundred and fifty ($1250.) dollars must be received by the 28th of October. Five hundred ($500) dollars of the charge is for the review of the file, and for recommendations on how to proceed. The charges for preparation for the scoping session (field inspection and scoping outline) and the meeting itself will be seven hundred and fifty ($750) dollars. The check should be made out to the Town of Southold. If there are any other questions, please contact Valerie Scopaz at this office. Very truly yours, Bennett Orlowski, Jr. ' ' Chairman cc: Charles Bowman, Land Use Company Charles Voorhis, Cramer, Voorhis & Associates Daniel Marcucci, Principal PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 September 6, 1991 Charles W. Bowman Land Use Co. 2576 Sound Avenue Baiting Hollow, New York 11933 Re: Proposed Major Subdivision Richmond Creek Farms Peconic, New York SCTM 9 1000-86-1-9 Dear Mr. Bowman: This is to confirm that on September 3rd, a scoping session "update" meeting Was set for Tuesday, September 24, 1991 at 2 o'clock in the afternoon. The meeting will be held in Town Hall. As mentioned in our last letter to you, payment of the environmental review fees must be received by the 23rd of September. To date, five hundred ($500) dollars in charges have been incurred for the review of the file, and for recommendations on how to proceed. The charges for preparation for the scoping session (field inspection and scoping outline) and the meeting itself will be seven hundred and fifty ($750) dollars. The total amount is twelve hundred and fifty ($1250) dollars. The check should be made out to the Town of Southold. If there are any other questions, please contact Valerie Scopaz at this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: william Moore, Attorney for Applicants Charles Voorhis, Cramer, Voorhis & Associates ENVIRONMENT~. ~G CONSULTANTS September 6, 1991 Mr. Bennett Orlowski, Jr. Chairman Southold Planning Bo.ard Town Hall, $309$Mam Road P.O. Box 1179 Southold, NY 11971 Re; Richmond Creek Farms SC'TM # 1000-86-1-9 Dear Benny: .~ ~.~:~X ~OU'fHOLD TOWN ~ I~tI~INING BOARD j As ~er your reauest, we have revised our proposal letter from that wh. ich. was . ..... ~aed o'n Jdl. 15 1~91. Basically the procedural findings and recommenda, t~ons are. tn.e application, The following services are recommended for processing of this application from the current time forth: Task 1- Field inspect site Task 2 - Prepare scoping outline for scoping meenng Task 3 - Conduct scoping meeting Task 4 - Review Revised Draft EIS for Conformance (fee for each review) Task 5 - Perform Critical Review of Draft EIS During Comment Period Task 6 - Attend 1 Ppblie Hearing, 1 Planning. Board Meeting and Provide Consultauon Task 7 - Review Public Comments on Draft EIS Task 8 - Review or Prepare Final ElS Task 9 - Prepare Statement of Findings ~e 250.00 250.00 250.00 250.00 ,5oo.0o 500.00 (hourly rate) (hourly rate) (hourly rate) 54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 Page I of 2 Richmond Creek Farms Recommended SEQR Procedure Based upon our review of the file to. date, we do not re_commend th.at an ad.dendum to the Draft ElS be .used as a mc.aris .of updating the document, la our expene, nce, th~.s. becomes too cumbersome as me (~ocument~ proceeds through the process w~th possible revisions to a Draft EIS, and preparation ot the Final EIS. In a. dd~tion, given the amount of time which has lapsed, it seems as thou. gh a revise, d Draft EIS ~s the more appropriate manner in which to handle the resubm~ssion. I will be pleased to discuss th~'s with you or with Mr. Bowman at the scoping meeting. I hope that this correspondenc.e provides you with the information you have requested, and I look forwa, rdto he.,ar~ng from you soon. I have provided space in my calendar to attent the scopmg meeting scheduled for September 24, 1991 at 2:00 p.m. CRAMER VQ~l'~ 8~/?~,SOCIATES ENVIRONMENT'T~~A~:~,~~/' G CONSULTANTS Puge 2 of 2 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOLJTHOLD SCOTT L. }4ARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 August 23, 1991 Charles Voorhis Cramer, Voorhis & Associates 54 North Country Road Miller Place, New York 11764 Re: Proposed Subdivision Richmond Creek Farms Peconic, New York SCTM ~1000-86-1-9 Dear Mr. Voorhis:" Enclosed please find a copy of a letter to Charles Bowman which spells out the procedure the Planning Board wishes to follow with regard to restarting the environmental review process. In your recommendations, you included a cost estimate for your services if we decided to follow your recommended course of action. However, since we are proposing a slightly different procedure, I am giving you the opportunity to revise your cost estimate prior to the "update" scoping session. As noted in the enclosed letter, we will need a fee for the scoping session itself. If you have any questions, please contact Valerie Scopaz. She will be calling you as soon as she hears from Mr. Bowman about convenient meeting days. Very truly yours, Be~t O~r-lowsk~i, ~r~.''~/~ · Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 August 23, 1991 Charles W. Bowman Land Use Co. 2576 Sound Avenue Baiting Hollow, New York 11933 Re: Proposed Major Subdivision Richmond Creek Farms Peconic, New York SCTM 9 1000-86-1-9 Dear Mr. Bowman: This is in response to your request for guidance on how to restart and contihue the environmental review process for this subdivision application. To briefly recount this application's long history, the environmental review was started in 1986, but has not moved forward since July of 1987 when the draft environmental impact statement was declared incomplete. Given that more than five years has elapsed since the scoping session of August 1986, it would be prudent to have an "update" scoping session, the purpose of which would be to discuss the Planning Board's current environmental concerns about the proposed project, particularly in light of the new regulations and standards that may have gone into effect in the meantime. Our current environmental consultant, Charles Voorhis, will conduct the session. Mr. Voorhis has reviewed the files and is familiar with the content of the 1986 scoping session. It appears that a supplemental draft environmental impact statement may be sufficient to address the deficiencies of the prior statement as well as to include the concerns brought out at the "update" scoping session. However, this matter might best be discussed at the scoping session with Mr. Voorhis. In order to proceed as expeditiously as possible, it is suggested that you call this office to let Valerie Scopaz know what days you and your client would be available to attend an "update" scoping session. She will then coordinate with Mr. Voorhis to select a mutually convenient time for all parties. ~ As for application review fees, the Planning Board will not charge an additional application fee for its own review. However, it will have to charge for the environmental review. Payment for each stage of the ~eview will be expected in advance of that action. Before the "update" session, payment in the amount of five hundred ($500) dollars will be needed to cover Mr. Voorhis' review of the entire file and his subsequent recommendations. The fee for the scoping session itself is not known. That information will be sent to you under separate cover when we receive it from Mr. Voorhis. Inasmuch as additional environmental review fees are anticipated, I will ask Mr. Voorhis to prepare an estimated cost list which we can discuss during the scoping session. If you have other concerns, please contact Valerie Scopaz at this office. In any case, please notify her as to which dates would be most convenient for the scoping meeting. Very truly~ yours, Bennett Orlowski, Jr. Chairman cc: William Moore, Attorney for Applicants Charles Voorhis, Cramer, Voorhis & Associates CRAMER ( ;IATES CONSULTANTS July 15, 1991 Mr. Bennett Orlowski, Jr. Chairman Southold Planning Board Town Hall, 53095Main Road P.O. Box 1179 Southold, NY 11971 Re: Richmond Creek Farms SCTM # 1000-86-1-9 Dear Benny: As per your request, we have reviewed the information forwarded to our office on June 27, 1991, with regard to the above referenced project. Based upon the file review it appears as though the proposed project involves a pendinj~ subdivision of 49.24 acres of land into 42 lots. The project was subject to a coordinated rewew and had received a Positive Declaration on July 14, 1986. Apublic Scoping Meeting was held on August 4, 1986, and based upon the scope establishedat that meeting, the applicant submitted a Draft EIS for review on April 20, 1987. The Town Planning Consultant reviewed this document, and on July 8, 1987, a letter was issued by Szepatowski Associates, finding that the Draft EIS ~as not comt, lete with regard to scope. After that time, the Town hadno further contact aith the applicant with regard to submission of a Revised Draft EIS. I t is our further understanding that recently, the attorney for the applicant .contacted the Town to deternfine what would be necessary to reactivate the subject application. The map presentl,y, under consideration is titled the "Preliminary Subdivision Map of Richmond Creek Farms date December 29, 1986, Young & Young, Riverhead. This map appears to be different from the map which was the topic of ~e scoping meeting; however, based upon the review of the Scoping Meeting minutes, there ts not an appreciable difference fu the environmental issues associated with these maps. llaerefore, ~or the purpose of these recommendations, we are assuming that there is no significant change in the proposed project. Based upon the need to determine the appropriate procedure for reactivating the review of this project, the Town has requested that Cramer, Voorhis & Associates, Inc. letter is submitted in fulfillment of this request. Assuming that the project has not appreciably chan~ged, it is our feeling th.at the coordination and the issuance of the Positive Declaration is still valid. The Scoplng Meeting conducted in 1986 set the basis for the Draft EIS which the applicant submitted. Tlae Town~ review of the Draft EIS issued July 8, 1987 by Szepatowski Associa?s completed the Towns obligation under the State Enviromnental Quality Review Act, until such time as a [evised. Draft EIS is submitted. It is our belief that the applicant would have the option to sub,nit a revised Draft EIS responding the July 8, 1987 letter at this time. It may not be prudent or cost effective to do this however, due to the fact that issues and concerhs have ~hanged over the past four (4) years. With justification, the Town has the option to expand the scope of a Draft EIS [6 NYCRR Part 617.7 (c)]. The Town would certainly reject a revised Draft EIS if it is not reflective of current conditions. I 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 Page 1 of 3 Richmond Creek Farms Recommended SEQR Procedure We note that a great deal of time was expend.ed in identifying the issues for inclusion in the Draft EIS, and the public was invited to partmlp, ate in that process..Due to the fact that a Draft EIS was subrmtted based upon prior scoplng, we do not feel it ~s necessary to entirely re-scope the Draft EIS. Therefore, it is our recommendation that the Board consider retaining our firm to review the document as compared to the Szepatowski letter of July 8, 1987, and issue a new review letter which incorporates the previous letter and provides additional comments on matters which should be included to update the Draft EIS and provide a document which will be acceptable for public circulation. The Town should have the applicant (or applicants attorney) provide a letter or .an understanding that the document must conform to the updated review in order to achieve acceptance. We feel that this recommended procedure will be the most cost-effective means of updating the process without duplicating work which has already been completed. The goal is to obtain a Draft EIS wh!ch is adequate for circulation to the public and involved agencies for comments and completion of the SEQR process, and the State Environmental Quality Review Act clearly places this responsibility upon the lead agency [6 NYCRR Part 617.8 (b)(3)]. Once the applicant submits a revised Draft EIS based upon the revised review letter, the document should follow the ordinary process of a 30-day review to determine acceptance. Once accepted the document will be subject to a comment period and Public Hearing, with preparation of a Final EIS and a Statement of Findings as required under SEQRA. If you are in agreement with the above scenario, we would be pleased to provide these services based upon the following fee schedule: Task/Descrintion Task' 1 - Review Richmond Creek File (completed) Fee $ 250.00 Task 2 - Prepare Recommendations (completed with this letter) 250.00 Task 3 - Field Inspect Site 250.00 Task 4 - Review Draft EIS and Szepatowski Comments 750.00 Task 5 - Generate Revised Comment Letter 250.00 Task 6 - Review Revised Draft EIS for Conformance (fee for each review) 250.00 Task 7 - Perform Critical Review of Draft EIS During Comment Period 1,500.00 Task 8 - Attend 1 Public Hearing, 1 Planning Board Meeting and Prowde Consultation 500.00 Page 2 of 3 Richmond Creek Farms Recommended SEQR Procedure Task 9 - Review Public Comments on Draft EIS Task 10 - Review or Prepare Final EIS Task 11 - Prepare Statement of Findings (hourly rate) (hourly rate) (hourly rate) The above fee schedule generally conforms to the standard Draft EIS review fees which we have established, with some adjustments due to the unique and involved nature of this project. I would suggest th.at you review this letter with the Board, and perhaps the attorney to the Board, and call if you have any questions or wish to discuss this further. If you wish us to proceed as outlined, please notify this office at your convenience. I hope that this correspondence provides you with the information you have requested, and I look forwardto hearing from you soon. E NVI RON M E NT,~====D~ G CONSULTANTS Page 3 of 3 , w',,wr'rl, V~t. JHPII~ ~iA'S~OCIATES July 15, 1991 Mr. Bennett Orlowski, Jr. Chairman $outhold Plannin~ Board Town Hall, 53095~Ma/n Road P.O. Box 1179 Southold, NY 11971 Re: Richmond Creek Farms SCTM # 1000-86-1-9 Dear Benny: June 27.~11~°~e'r yo~.r reques, t, w.e. have reviewed the information fo . , ~yyl wit ....... rwarded , n rega,~ [u me avove re~,~-~..,-~-4 ---~.'--- ~.__ to ~9r off, ce on ~ppears as though the proposed ~ o~eet ;nu'~,~}~u v~myc[. ~asf{ ~pon the hie review it into.42 lots. ~e ro'ekt ~as su qr-~-g'~';2~:X~-?e~dm~ subdw~smn of 49.24 acres of land Declaration on Ju~ . . b?~,~_ 2 -'~m~9~rea revmw and had received a y Y4, 1986. A-um~e ~n ............. - ........ based u on th . . ,v~ ,~ mecung w~ n¢lo on Au ust 4 1 .. P ~ scope estabhshe~at that m . . g , 986, and review on ~pril 20, 1987. ~e Tow- m~-~Jl~kth~-apphca? su}~l~te~ a Draft ElS for ~u]- 8 '~ .... , · - - 2'-'~""'"gypnsuaant rewewea m~s oo ~ ~ ~Y~/~ a lc[ret was lssuea Dv ~zenatowcv, a .... :~.,. ~ ...... cument, and on ~ot complete w~tb regard to seop}. X~r th~'l{E~'~t~5.~lP~ m~t m~ Draft EiS was me appncant wah regard to submission of a Re~i~'~rX~aah° turmer contact with It is our further understanding that recently, the at t~own to.dete?ine what would 5e here: _ .. :.t~rne for t~e applicant contacted [~=~ p~sently unaer consideration is titled ~)~eayt,~ate t~e.sCbject a plication. The s:res~ ~ms" date December 29 1986 Y~--~ ~[~n~j~a~.Su~d~m?i~ ~ of Richmond be ddferent from the ma- which ~o .g~ .~,:~.ff¢ung, ~werneaa, ~{'h~s ma a ears t , . ~ a.t.~tu ~cuzm · P PP o the ?mew of the Scopmg Meet/ ~ mln.*.* ~ · '~ scopmg mee[mg, however base eflvlr n . _ _ . no,... ..... ~, mere Is not aa a re . , , d upon o me~ta~ssues assooated w~th thcs mn~ ~--~- P~ qable difference m the recommenaatlons we ~ra ~ .... :-~ ,~-. ~ '"-g~' ~ ~yr?ore, IOr tile P~rDose of promct. Based u~on th .... ~ ,_ ~. . . ~s no s~gn~ficant chon e m the % . ~ ~,,~u ~u o¢[ermme the a ro n g proposed review of INs project, the own ha- PP p ate rocedure for react:va · om~tteO iR I~l[lll~e~t Of this request, u menaeo se~lCC$. This .. As~umln~ t~at,the project ha, noL~pprecJably chon ed, it is our feelin that th coormnat~qn aha the ~ssuance of the Pos t~veTM'-'.... ~ ...... g " . ~coar~uon 15 Still Val~. ~e. SCO i~ Meetm coqducted m 1986 set th~ bas~s for the Draft ElS wht~g -~ .... ,, ....... g ~adon unaer me State Enwrohmenta~ ~-~-.-fg- · ~s~o_m? cqm ~eted the Towns Draft EIS is submitted. ~, ;~ 2.. ~:~ .~ ~uu,? ~.e~mw Act, ~ntd such t~e as a revised cost effeetiv~ to do th~s however ~ue to .t_ t. ..... tins umw. It may npt be prudent or the ~ast four (4/years w;,~ ~,,=~m,.. t~e ~er ma~ ~ssues ana ~oncerns ~ave e ed . ' . ~ ..... j,, ...... atmn thcT · - hang over platt EIS[6 N~CRR Part 617.7 ~O~ ~,[ w.,.,)~s ~he o~t]on }o expan4 the scope of a it is not reflective of current cond}t/~hs. '~ '~"" would certainly reject a revised Draft EIS if 54 NORTH COUNTRY ROAD, MILLER PLACE, Ny 11764 (516) 331-1455 Page I or3 Richmond Creek Fnrnas Recommended SEQR Procedure · . ~We.n£t_e_that.a great.de, al of time. was expended in identifyln~ the issues for Ln me urat. t Ir;is, and the purmc was invited to [~articioate in thafnr~,,,,~ n.,, m~[ a.Dratt ElS was ~bm~ itted based upon prio' r scop'ing, we · . . _ _ IS n ent~r,e,y re-scop, e the D.{att EIS, Therefore, tt ~s our recommenda i consM ' ' t on that the Board er retmnml~ our nrta to re?ew the docu. me, nt as compared to the Szepatowski letter of July .8, 1987, .and ~ssue a new revtew letter wh,~ch tncorporat, es the previous letter and prowdes .a, dd~tional commen, ts on, matters whmh should befin¢luded.to update the Draft EIS and pro~..d,e a document which will be aeceptabl, e for pubhe circulauon. The Town should have the applicant (or applicants attorney) prov!de a Ietter or an understanding that the document must conform to the updated revtew ~n order to achieve acceptance,- . .. We. feel that thi? .recom. me.,nde.d procedure,will be the most cost-effective means of ,upoatmg ,me process witho,ut d.upacatmg work .which .has already be,eft completed. The go. al ~s to obtain a'Draft £IS wh?h is adequate for c~rculat~on to the pubh¢ .and involved age.nc~es for c, omments and completlo, n of theS,.EQ.R process, and the State Enwronmental Quality Rewew Act clearly places th~s respons~bd~t7 upon the lead agency [6 NYCRR Part 617.8 ¢ . Once th.e applicant submits .a. revised Draft EIS based ugon the revised review ten,~r ne oocument should follow the ordmaw process of a 30-day re¥iew tn cl~t~rrn~ .......... , acceptance: Once acce~oted the docume'niwill be subject toga comm;~t'l~;;i'o"fi-~d Public Hearing, w~th preparauon of a Final EI$ and a Statement of Findings as required under SEQRA. If you are in agreement with the above scenario, we would be pleased to provide these services based upon the following fee schedule: Task/Desc6mion Task 1 - Review Richmond Creek File (completed) Task 2 - Prepare Rec. ommendations (completed w~th this letter) Task 3 - Field Inspect Site Task 4 - Review Draft EIS and Szepatowski Comments Task 5 - Generate Revised Comment Letter Task 6 - Review Revised Draft EIS for Conformance (fee for each review) Task 7 - Perform Critical Review of Draft ElS During Comment Period Task 8 - Attend 1 Public Hearing, 1 Planning Board Meeting and Prowde Consultation Fee $ 250.00 250.00 250.0O 750.00 250.00 250,00 1,500.00 500.00 Page 2 of 3 Rfchmou~l Creek Farms R~ommended SEQR Procedure Task 9 - Review Public Comments on Draft ElS Task 10 - Review or P?epare Final ElS Task 11 - Prepare Statement of Findings (hourly rate) (hourly rate) (hourly rate) . The above fe.e. schedule generallysonforms to the standa.rd Draft ElS review fees wh.~¢h w.e have estabhshed, with some ad.[ustme, nts due to. the uruque and involved nature of th~s project. I would suggest that you review th~s letter w~th th.e Board, and perhaps the .attorn. e to the Board,,and ca!! if you have any. ~luesuons. . or wish to discuss thls further. If you w~s~ us to proceea as 0uthned, please nou~ th~$ office at your convenience. .I h, ope .th.a.t th. is. correspondenc.e provides you with the information you have requesteo, aha x ~oo~ torwardto heanng from you soon. Page 3 or' 3 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 27, 1991 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Thomas Cramer Charles Voorhis Cramer, Voorhis & Associates, Inc. Environmental and Planning Consultants 54. N. Country Road Miller Place, New York 11764 RE: Richmond Creek Farms SCTM~1000-86-1-9 Dear Messrs. Cramer and Voorhis: Enclosed please find the information you requested regarding the above referenced subdivision. Also enclosed, is the DEIS along with the original map. If you have any questions, please contact the Planning Board. Encls. Very truly yours, Bennett Orlowski, Jr. Chairman MEMORANDUM TO FILE: Richmond Creek Farms : 1000-86-1-9 DATE: June 25, 1991 Last week I received a call from Chuck Bowman asking to set up a meeting to discuss the next step in the environmental review of this subdivision. At that time, I told him that I would review the file, speak with the Planning Board, and return his call this Tuesday morning. 'Last night the Planning Board agreed to have Chic Voorhis of Cramer and Voorhis review the files, which he did. Mr. Voorhis will let the PB know how he thinks they should restart the environmental review process which has been stalled since about 1987 when the DEIS was declared incomplete. This morning I called Mr. Bowman to let him know that the PB had authorized its environmental consultant to review the files. I told him that I would be in contact with Mr. Voorhis later in the week; and that as soon as I had direction about how the PB was going to proceed, that I would call him. He indicated that regardless of how PB decides to proceed, he would like to meet with Mr. Voorhis and myself to review what is expected of the applicant. HARVEY A. ARNOFF Town Attorney vlATFHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 10, 1991 William D. Moore, Esq. Moore & Moore Clause Commons, Suite 3 Mattituck, NY 11952 Re: Richmond Creek Farms Dear Bill: By letter dated November 27, 1990 you wrote to me advising that you had asked Matt Kiernan to hold (~ff on making a determination from our office regarding the Town's position on the zoning yield for the above-referenced subdivision until you had an opportunity to review the Planning Board's files and comment on same. Your November 27th letter has received a good deal of attention by the Town. Both Matt and I have had an opportunity to review your letter and have discussed it together at length. Based on all the facts and circumstances surrounding this subdivision application, and after a review of what is contained in the Planning Board's files, it is my opinion, in which Matt concurs, that the zoning yield on this subdivision is one acre, Among the factors which Matt and I found particularly compelling in reaching our conclusion is the fact that on April 12. 1982. the Planning Board held a public hearing on the preliminary subdivision map for Richmond Creek Farms, As you correctly assert in your November 27th letter, this date is critical because Section 100-31(B)(2) of the Zoning Ordinance (now 100-32~B)~2)) grandfathered all subdivisions which have been the subject of a preliminary map hearing prior to May 20. 1983. In addition to the foregoing, which Matt and I feel alone, properly accords this subdivision one acre density, on September 27, 1984. the Town Board granted the owners of this subdivision relief from the May. 1983 upzoning. Please also be advised that your September 27th letter was circulated to the Town Board and Matt and I discussed the contents of your letter with the Town Board on several occasions. Lastly. we have advised the Town Board of our feeling that the proper density on this subdivision is one acre. William D. Moore. Esq. June 10. 1991 Page 2 Should you have any questions hesitate to call either Matt or me. with regard to this matter. Very truly yours. Town Attorney please do not HAA:mls cc: Scott L. Harris. Supervisor Town Board Bennett Orlowski. Jr.. Chairman. Planning Board PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 March 26, 1991 William D. Moore Moore & Moore Clause Commons, Suite 3 Main Road, P.O. Box 23 Mattituck, New York 11952 Re: Richmond Creek Farms SCTM # 1000-86-1-9 Peconic, New York Dear Mr. Moore: In response to your March 19th letter, please be informed that Ms. Scopaz met with Matthew Kiernan, Assistant Town Attorney on March 13th to review your letter of November 27, 1990. A decision was made by the Town Attorney's office to review this matter further. We will respond to your request for a joint meeting as soon as we receive their determination about how we should proceed. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Matthew Kiernan, Assistant Town Attorney William D. Moore Patricia C. Moore MOORE & MOORE Attorneys at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 March 19, 1991 Margaret Rutkowski Secretary Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Attention: Ms. Valerie Scopaz Re: Richmond Creek Farms Dear Valerie: Our clients wish to proceed with the subdivision review process and SEQRA in light of the fact that they have succeeded after several years of effort in obtaining a community water supply for the proposed subdivision. The processing of this application has been held up pending a determination from the town as to the proper zoning yield for this parcel. An answer to the question regarding zoning yield has been before the town since the end of November, 1990. I would truly appreciate an opportunity to meet with you and the town attorney to discuss this matter in detail so that a determination can be made and this application can proceed. Thank you for your prompt attention to this matter. WDM/mr CC: Matt Kiernan, Esq. Assistant Town Attorney Dan Marcucci Brian Boehm, Esq. William D. Moore Patricia C. Moore MOORE & MOORE Attorneys at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 Margaret Rutkowski Secretary March 7, 1991 Ms. Valerie Scopaz Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: Richmond Creek Farms Dear Valerie: In confirmation of our telephone conversation on March 1st, you will be meeting with the Assistant Town Attorney next week to discuss the above referenced subdivision and zoning which is related to it. As you are aware, I had requested the Town's consideration of this matter at the end of November, 1990. yours, William D. Moore WDM/mr HAR - 8, 199~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: FROM: RE: DATE: Harvey A. Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney Bennett Orlowski, Jr., Chairman ~ Richmond Creek Farms, Peconic SCTM # 1000-086-1-9 September 11, 1990 The Planning Board has received a request from the owner of the above-referenced subdivision to proceed with the application under R-40 zoning, which is what the property was zoned when the application was first made in 1981. The Planning Board's position is that the subdivision should be processed under "A-C" or two acre zoning. The applicant's attorney has submitted material in support of his claim to one acre zoning. A review of the files and the supporting documentation by your office would be appreciated. The Board must respond to this request soon to avoid litigation. Land Use August 22, 1990 ~lanning Department Town of Southold Town Hall Main Road Southold, N.Y. 11971 Attn: Ms. Valerie Scopez Re: Application Status Request Richmond Creek Farms Richmond Creek Associates Peconic - Town of Southold Dear Ms. Scopez: As per our recent meeting, please utilize this letter as a request for a status determination relative to this subdivision application that received preliminary approval on January 15, 1982. As confirmed in our conversation, we have now entered into a contract with Suffolk County Water Authority to provide public water to the above referenced site. Therefore, we must determine what additional data must be provided to your office in order to satisfy SEQRA requirements. Thank you for your I remain, I have also enclosed a copy of the most recent subdivision configuration for your information and use. ..................... anticipated cooperation, i~i? ....... CWB/dm Enc. cc: Canavan & Boehm Dan Marcucci Very truly yours, Charles W. Bowman 2576 Sound Avenue · Baiting Hollow, NewYork · 11933 (516) 727-2400 · FAX (516) 727-2605 'CONSULT YOUR LAWYER BEFORE SIGI THIS INSTRUMEHT--THIS INSTRUMENT USED BY LAWYERS ONLy. NOTE: FIRE LOSSES. This form of contract conlains no express provision as to risk of loss by fire or other casualty be~ fore delivery of the deed. Unless express provision is made, the provisions of Section 5-1311 of the General Obligations Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. TMIS AGREEMENT, made the t30'e/~ day of 0-lA I~/ BETWEEN , ninet*en hundred'and n i n e t y RICHMOND CREEK ASSOCIATES, a New York~tednershi. at 29 Park Avenue, Manhasset, New Yo~ ~ having offices hereinafierdescfibedastheseHer,~d SUFFOLK COUNTY WATER AUTHORITY, a public service corporation with offices at Sunrise Highway, Oakdale, New York ]1769~ hereinafter described as the purchaser, WITNESSETH. that the seller agree:; to sell and convey, and the purchaser agrees to purchase, all tlmt certain plot, piece or parcel of land, with the b,',ildings and improvements thereon erected, situate, lying and being imxhtt a t P e c o n i c , Town of Southold, County of Suffolk and State of New York, more particular'~ described on Schedule A, attached hereto and made a part hereof. 8/24/90 TO: SOUTHOLD TOWN PLANNING BOARD FROM: RUDOLPH H. BRUER, ESQ. RE: RICHMOND CREEK FARMS The following enclosures (attached hereto) represent the basis upon which our clients were assured of one-acre status in April of 1989. 1. Copy of 9/27/84 letter re Town Board resolution to grant relief from two-acre zoning: 2. Copy of 3/26/85 letter requesting opinion of Town Attorney redesign of subdivision layout; 3. Copy of 4/1/85 opinion letter from the Town Attorney; 4. Copy of Southold Town Code Section 100-31B(2) [effec. 5. Copy of Southold Town Code Section 100-32B(2) [effec. supercedes Sec. 100-31B(2) above; 6. Copy of Bulk Schedule, Column ii [effec. 1/10/89] re 8/9/83]; 1/10/89], JUI)ITII T TFRRY (516) 765-1501 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27, 198q Richard T. Haefeli, Esq. McNulty, DiPietro & Haefeli 130 Ostrander Avenue P. O. Box 757 Riverhead, New York 11901 Dear Mr. Haefeli: The following resolution was adopted by the Southold Town Board at their September 25, 198q meeting granting the relief requested in the petition of Anna Fiore, Michael,.Longo, et.al..: .Ii F~WanH~e~iEsAtaS'~&~:~a.'~i~:r~' e~i'chae! Longo, Larry Stein, Christian Chri?.take, ,'.:' · g ista, Dy petition dated April 3, 198q, applied to · *~ '*~thei'S°uth01d~-Town,Board for:relief from the Bulk requirements of the Zoning: - ~:*::Code ,with*ii~egard .to, major subdivision entitled "Subdivision of Richmond Creek.' *~ · : Farms,'!~,C°nsisti~g of ~9.9 acres and located on the south side of Main (State , ': WHEREAS;~sai.,d. petition was referred to the Sou~hold Town Planning Board and .Suffolk~Coc~t)C.?De.Partment of Planning for their recommendations, and-:, "'WHEREAs; a P~bhc hearing was held by the SoUthold Town Board on said petition on the 1.1th day of September, .198zi,.. at which time all persons were ..- ~given an 'opportunity;:.to be .heard thereon, now, therefore,, be it . ' : : RESOLVEDi.that Anna Fiore, Michael Longo, Larry Stein, Christian Christake, . J. Evangelista and S;~iEvangelista be Granted relief from the Bulk requirements of the Zoning Code as provided in Local~Law No. 11 - 1983, with regard to a major subdivision entitled,. "Subdivision of Richmond Creek Farms," and be it further RESOLVED that the premises described in said petition shall be subject to the Bulk requirements of the Southold Town Zoning Code in effect prior to May 20, 1983. Very truly yours, Judith T. Terry c/ · Southold Town Clerk S~TY LD $outhold, N.Y. 11971 (516) 765-1938 March 26, 1985 Mr Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: Rlchmon~ Creek Farms major subdivision Dear Mr. Tasker: The above mentioned subdivision, which is proposed in the cluster concept, received relief from the two-acre zoning from the Town Board pursuant to 100-31.1 of the Town Ordinance. As you may know, the cluster concept, under one acre permits lots of ½ acre, which'are below the. standards for.the Suffolk County ~Department of Health Services. The applicant has been inquiring if he may change .the subdivision layout.from a cluster to a conventional one-acre subdivision to avoid a problem in obtaining Article 6 approval. The Planning Board would like your opinion as to whether the map must remain in the cluster concept since that was the proposal which was granted relief, or if it could be changed to a convential one-acre layout. Thank you for your assistance in this matter. very trul~ yours, BENNETT ORLOWSKI, JR., CHAZ/RMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. $chultze, Secretary OFFICE OF TOWN AWI'ORNEY TOWN OB' SOUTHOLD 425 MAIN ST. GREENPORT, L.l., NEW YORK 11944 TELEPHONE ($16) 477-1400 April 1, 1985 Hon. Benne'tt Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Richmond Creek Farms Major Subdivision. Dear Sir: This is in reply to yo.ur March 26, 1985 letter relative to the above subdivislon. In reviewing the Planning Board records, I find that on June 15, 1982, the Planning Board granted preliminary epproval of this subdivision. Section 100-31 B(2) of the Zoning Code, as enacted on August 9, 1983 by Local ~Law No. 9-1983, provldes that the bulk requirements set forth in Column .A- 40 of the Bulk Schedule (40,000 sq~ ft. lots), "shall apply to the following lots:" All lots shown on 'major subdivision maps upon which the Planning Board has held a hearing-for preliminary map approval prior to May 20, 1983." Since the Planning Board granted preliminary approval of this map on June 15, 1982, it 'must have held a hearing thereon prior to such preliminary approval, and also prior to May 20, 1983. Therefore, the above provisions of Section 100-31 B(2) apply and the lots shown on such map may be developed with lots having a minimum, area of q0,000 square feet. It would be my opinion that since this subdivision was automatically pursuant to Section 100-31 B(2), no application for relief from the two-acre requirements was required under Section 100-31.1 of the code. I am also of the opinion that the Planning Board may entertain an application by the Owner to amend the preliminary map from a cluster concept to a conventional one-acre layout. A public hearing should be held on the amended map prior to action thereon by the Planning Board. Yours very truly, RWT:aa cc: Richard T. Haefeli ROBERT W. TASKER 100.3~ . SOUTHOLD CODE ~ 100.31 ~(- rec. u~;'~m~n<s of Column A o~ the Bulk and Pa:kL~.g ~'ne bu~ '" ..... '~'kna!. i,~ !f-~ fo~c}, in Column, 4-40 of the BuL~ ar, d Park~g ~,(~cc:e mc~;:~or~,,ea n.o .h.. ckap.u,, sh~l al)~I~ to {ollov. m~ loLS: ~!3 All !o:s shown or. m~or and m~ao~ ~ubdi','k~;on :~'~¢h ~'e*~ ~ar. te~ ~n~ apln'ovM by t}:e Bo~d prior to Mey 20, 1983. [Amended I0.4-83 L.L. No. ~2}fAll loc: ~hc~.'n o:: m~jc, r subdlvis~or, mo~s upon ~hich ~h~ Plximir, g 8.~ard has held a h,.~ing ~o~ pr~lhninary map approval prior to May 20. 1983. i3. All;o,s' ' >he~'r~ on minor suMi,.islon maps thor have ~een b~antea ~etc., plan approval by the P]~ing Board prier to May 20, 1983. ~4~ AB lots set off or created by approvsl of th~. Plan~ing ~oaJo ~ba~:e'Jent to November 23. 19~i. ~.d prior to May 20. 1983. The bulk and parking t, quh-ement, for single.family dwe~'- Lags set forth ,n Column A,~0 of the BuE< ~nd Parking Schedule incorporated into t~s chapter shall appl:., to the foEowmg lots: Ail lo:s shown on minor subdkision ma~,i wb2ch bore been ~aated sketch plan approv~ by :he Plarming Board on or ~fmr Mey 20, 1988, ~2: Alilots showr~ on major subdivision map~ upon which ;be Planning Bo~d has held a he~g [or prel~inaO' map *pprova! on or a[r~r May 10. 1983. ,2, All lo~ set off or crea~d by epprovM of thc }'iar_nin8 ~oatd on or Mter Mly 20. 1988 The bulk ~nd parking requirements for ,~vo.fam,O. dwell. ing~ !~r forth in Coloron A.I~0 of the B~!k end Parkin8 100'28 ~o. ::. u r,D CODE ;ubject to the - set forth in Article XX: :; o (2} each not moro than two (2 ~o (2) signs with ,all · advertising only the sale , products grown on th, ~d on the promises. e sign, either single- or ban twelve (12) square feet more lots. advertising the -e~ises on which it -~ than fifteen (15) ~reage or a subdivision. r of five hundred ~ or other for uses permitted in (8) and (9) of the thim eighteen ~ ~ than ~ (15) ~ may be authorized as a loerd of Appeals as garage sales, auction personal property owned ~ and located thereon. st.s: (1) such sale shall ~ (1) calendar year. zONING § 100-32 (b) Adequate sul~rvised parking facilities shall be provided. (c) No signs, cxccpt one (1) one-premises sign not larger than six (6) square feet in size displayed for a period of not longer than one (1) week immediately prior to the day of such sale. shall be permitted. (d) A permit is obtained therofor from the Building Inspector upon the payment of a fee of fifteen dollars ($15.). § 100-32. Bulk, area ~nd parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Agricultural-Conservation District and in the Low-Density Residential R-80 District unless the same conforms to the Bulk Schedule and Parking Schedule? incorporated into this chapter with the same force and effect as if such r~gulations wero set forth herein in full. as well as to the following bulk and parking requiroments: A. In the case of a lot held in single and separate ownership prior to November 23, 1971, and thereafter, with an area of less than forty thousand (40,000) square feet, a single-family dwelling may be constructed thereon, provided that the requiroments of Column vii of the Bulk Schedule and the Parking Schedule incorporated in this chapter aro eomplied with. B. The bulk and parking requiren~ents for single-family dwellings as set forth inL,Column ii_of the Bulk Schedule and the Parking Schedule in~:o~l~r~'~d into this chapter shall apply to the following lot~ (1) All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1983. (2) All lots shown on major subdivision mal~S upon which the Planning Board has held a hearing for preliminary map approval prior to May 20. 19~3. Land Use August 22, 1990 Planning Department Town of Southold Town Hall Main Road $outhold, N.Y. 11971 Attn: Ms. Valerie Scopez Re: Application Status Request Richmond Creek Farms Richmond Creek Associates Peconic - Town of Southold Dear Ms. Scopez: As per our recent meeting, please utilize this letter as a request for a status determination relative to this subdivision application that received preliminary approval on January 15, 1982. As confirmed in our conversation, we have now entered into a contract with Suffolk County Water Authority to provide public water to the above referenced site. Therefore, we must determine what additional data must be provided to your office in order to satisfy SEQRA requirements. I have also enclosed a copy of the most recent subdivision configuration for your information and use. Thank you for your anticipated cooperation. I remain, Very truly yours, Charles W. Bowman CWB/dm Enc. cc: Canavan & Boehm Dan Marcucci 2576 Sound Avenue · Baiting Hollow, NewYork · I1933 (516) 727-2400 · FAX (516) 727-2605 CONSULT YOUR LAWYER BEFORE SIGNING THIS tNSTRUMENT--¥HIS INSTRUMENT SHOULD BE U$£D BY LAWY£RS ONLY, NOTE: FIRE LOSSES. Ttlis form of conlract contains no express provision as to risk of loss by fire or other casualty be, fore delivery of the deed. Unless express provision is made, tile provisions of Section 5-1311 of the General Obligalions Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. THIS AGREEMENT, made the C30~ day of ~-t~ I)/ BETWEEN , nineteen hundred'and n i n e t y Limited RICHMOND CREEK ASSOCIATES, a New YorkmPartnership having offices at 29 Park Avenue, blanhasset, New Yo~ hereinafterdescdbedastheseller, md SUFFOLK COUNTY WATER AUTHORITY, a public service corporation with offices at Sunrise Highway, Oakdale, New York ~]769, hereinafter described as the purchaser, WITNESSETH, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of land, with the bQildings and improvements thereon erected, situate, lying and being haxb~ a t P e c o n i e, Town of Southold, County of Suffolk and State of New York, more particula: described on Schedule A, attached hereto and made a part hereof. I. This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bcd of any street, road or avenue opened or proposcd, in front of or adjoining said premises, to the center line thereof, and all right, title and intercst of the seller in and to any award made or to be made in lieu thcreof and in :!nd to any unpaid award for damage Io said *rcmises by reason of change of grade of any street; and tile scllc~ will cxecute and deliver to the purchaser, on closing of lille, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award. )roll :lause 8 if he p~operty not in he Cily o[ ,lew York 2. Thepriccis One Hundred Five Thousand and 00/100 See attached Supplemental Rider Dollars, payable as follows: Thirt;' Uivc Thousand =~d 6O/iOO ............... Seventy Tho and 00/100 ................. Dollars, Dollars, Underwriters for mortgages of like lien; and shall be drawnby the attorney for the seller at the expense of the who shall also pay the mortgage recording tax and recording fees. 4. If such purchase money mortgage is to be a subordinate mortgage on the premises it shall provide and subordinate to the lien of the existing mortgage of $ , any exten- sions thereof and to'any mortgage or consolidated mortgage which ~ay be pk and to any extensions thereof provided (a) that the interest rate thereof shall not than per cent per annum and (b) that, if the principal amount thereof shall exceed the owing and unpaid on said existing mortgage at the time of placing such new mortgage or consolidal the excess be paid to the holder of such purchase money mortgage in reduction of the principal thereof money mortgage shall also provide that such payment to the holder thereof shall not alter or affect ti if any, of principal payable thereunder and shall further provide that the holder thereof will withoiJt charge therefor, execute, acknowledge and deliver any agreement or agreements further to ef )ordination. 5. If there be a mortgage on tire ~grees to deliver to the purchaser at the time of delivery of thc deed a proper certificate the holder of such mortgage and in form for recording, certifying as to the amount of the unpaid princ thereon, date of maturity thereof and rate of interest thereon, and the SelIer shall pay the fees for Should the mortg:[gee be a bank or other institution as defined in Section 274-a~ · Real Property in lieu of the said certificate, furnish a letter signed.by a duly authorized officer, or em , containing the information required to be set forth in said certificate. Seller represents that such in default at or as a result of the delivery of the deed'hereunder and that neither said mortgage, nor any thereof contains any provision to acceleratepayment, or to change any of the other terms or provisions 6. Said premises are sold and are to be conveyed subject to: a. Zoning regulations and ordinances of thc city, town or village in which the premises lie which are not violated by existing structures. b. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or above any street or streets on which said premises may abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. 7. All notes or notices of violations oflaw or municipal ordinances, orders or requirements noted in or issued by the Depart- ments of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Department having jurisdiction, against or affecting the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the pur- chaser with an authorization to make the necessary searches therefor. of the City of New York (Sections 564-18.0, etc.) prior to the delivery of the deed shall benal~x~d~.~gclheb~, the sel- leruponthedeliveryofthedeed. This provision shall survive the delivery of the deed_ ~.y, Xy,~L~- 9. If, at the time of the delivery of the deed, the premises or.~~ be or shall have been affected by an assessment ~r assessments whic~ are or may b~go~~nnual installments, of which the first installment is then a ~h~,~g. or .~en, or~ bee~,~~rposes of this. contract all the unpaid installments of any such assessment mo ~mg mose W~~me aue and payable after the delivery of the deed, shall be deemed o be due and payable ~~6~ the premises affected thereby and shall be paid and discharged by the' seller, upon the delive~ I0. The following are to be apportioned: ~R~k~R~. (d)Taxes and sewer rents, if any, on the bffsis of the~n~ar for which assessed. ~ W~ ~ x~ ~x~ ~ ~~ ff~a~ . l 1. If the closing of the title shall occur before the tax rate is fLxed, the apportionment of taxes shall be upon the basis of the tax rate for thC next preceding year applied to the latest assessed valuation. 12. If.there be a water meter on the premises, the seller shall furnish a reading to a date not more than thirty days prior to the time herein set for closing title, and the unHxed meter charge and the unfixed sewer rent, if any, based thereon for the intervening time shall be apportioned on the basis of such last reading. 13. The deed shall be the usual Barcj'ain and Sale wi_Lb covenant deed in proper statutory short form for record and shall be duly executed and acknowledged so as to convey to the pur- chaser the fee simple of the said premises, free of ail encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. If the seller is a corporation, it will deliver to thc purchaser at the time of the delivery of thc deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed, cod a certificate by the Secretary or Assistaut Secretary of the corporation cer.tifying such resolution and setting forth facts showing that the conveyance is in conformily whh requiremeflts of Section 909 of the Business Corporatiou Law. The deed in such case shall conlaiu a recital sufficient to establish compliance with said section. 14. At the closing of the title the seller shall deliver to the purchaser a certified check to Ihe order of tile recordiug officer of tile county in which tile deed is to bd recorded for tile amount of the documemary stamps to be affixed thereto in accordance with Article 31 of the T~x ~w, and a certified check to the order of the appropriate officer for any other tax payable by reason of the delivery of the deed, and a return, if any be required, duly signed and swum to by the seller;~nd the purchaser ~so agrees to sign and swear to the return and to cause the check and the return to be delivered to the appropriate officer promptly after the closing of title. Administrator for the amount of the Real Property T~ansfer Tax imposed by Code of the C~ty et New York and wdl also deliveL,tO4~~u'}red by lhe sa~d statute and thc reg- ulatious issued pursuant to tbA&¢~R~l$~flbWand sworn ~o by the seller; llie purchaser agrees to sign and ~~a~Cx~eck and the return to be delivered to the City Register promptly after the closingor the 16. The seller shall give and the purchaser shall accept a title such as FSrst AmerSean Title Insurance Company , a Member of the New York Board of Title Underwriters, will approve and insure. 17. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said prem- ises and of the survey, if any, made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the purchaser under this contract. ~ep~csented to be owned by the seller, free from al{ liens and cncmnbrancc~,~¢XR~t~r['inc}ndcd in this sale; without limiting the generality of the for~O~~s ~ ocrsona] uro~ertv include ~lumb}n~, heating, l,ght~ng and cooki~,~R~~t~['[sand umts ranges refrigerators }adi'o an'd television acria}~, ba{bj~~,~l~t~]~, door hurters, veoetmu blinds, shades, s~recns, awnings, storm windows, window 19. Tile amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and discharge, with the interest and penalities thereon to a date not less than two business days after tile date of closing title, may at the option of the seller be allowed to tile purchaser out of the balauce of the purchase price, provided official bills therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing. 20. If at the date of closing there may be any other liens or cn&umbrances which the seller is obligated to pay and dis- charge, the seller -may use any portion of the balance of the purchase price to satisfy tile same, provided the seller shall simultaneously either deliver to the purchaser at tile closing of title instruments in recordable form and sufficient to satisfy such liens and encumbrances of record together with ibc cost of recording or filing said instruments; or, provided tbat tile seller has made arrangements with the title company employed by the purchaser in advance of closing, seller will deposit with said company sufficient monies, acceptable to cud required by it to insure obtaining and the recording of such satisfactions and the issuance of title iosurance to tile purchaser either free of auy such liens and encunlbrances, or wilh insurance against enforcement of same out of the insured premises. The purchaser, if request is made within a reasouable time prior to the date of closing of title, agrees to provide at the closing separat~ certified checks as requested, aggregating the amount of the balance of the purchase price, to facilitate tbe satisl'actiou of any such liens or encumbrances. The existence of any such taxes or olher liens and encumbrances shall not be deemed objections to title if the seller shall comply with tire fore- going requirements. 21. Ifa search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bankruptcies or other returns are not against the seller. 22. ]n the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to rdfund to the purchaser the amount paid on account of tile purchase price"~nd to pay the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made Ihis contract shall be considered canceled. 23. The deed shall be delivered upon the receipt ofsaid payments at the office of Suffolk County Water Authority, 0akdale, New York, See attached Suoolemental Ride~ at ~0:00a.m~'clockonor abou~c- 19 X4X X~tlII{Falll~Xg~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X XX XX X X XXXX X~Yd~Y~o~Yw~ 25. It is understood and agreed that all understandings and agreementsheretofore had between the parties hereto are merged in this contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investigation, ueither party relyingupon any statement or representation, not embodied in this contract, made by the other. The purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition and agrees to take title "as is" and in their present condition and subject to reasonable use, wear, tear, and natural deteriora- tion between the date thereof and the closing of title. 26. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. 27. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be construed as if it read "sellers" or "purchasers" wherever the sense of this agreement so requires. IN WITNESS WHEREOF, this agreement has been duly executed/~ the parties hereto. In presence of: SEE ATTACHED RIDER. I ~ ~ S~FFOLK COUNTY WATER AUTHORITY By: ~ z- ~ - Memb%r / / ' ' · c .: r SCHEDULE B 1. Unpaid franchise taxes of any corporation in the chain of title, shall be no objection to title provided the Seller leaves a reasonable deposit with the title company in escrow to secure the payment of any unpaid franchise taxes within sixty (60) days from the date of closing title, and the title company agrees to "except the lien but insure against collection out of the premises." 2. The Purchaser represents that the Purchaser has inspected said premises and is purchasing said premises "as is" as of the date hereof, subject to reasonable wear and tear. The Purchaser further represents that the Purchaser has examined the premises agreed to be sold and is familiar with the physical condition thereof. This contract, as written, contains all the terms of the agreement entered into between the parties, and the Purchaser acknowledges that the Seller has made no representations, is unwilling to make any representations and held out no inducements to the Purchaser, other than those herein expressed, and the Seller is not liable or bound in any manner by expressed or implied warranties, guarantees, promises, statements, representations or information pertaining to the said premises as to the physical condition, income, expense, operation or to what use th.e premises can be applied, including, but not limited to, any matter or thing affecting or relating to the said premises, except as herein specifically set forth. The Seller is not liable or bound in any manner by any verbal or written statements, representations, real estate broker's "set-ups" or information pertaining to the above premises furnished by any real estate broker, agent, employees, servant or other person, unless the same are specifically set forth herein. 3. For the purpose of this agreement, the term "cost of title examination" whenever it is referred to herein, shall be defined as the expenses actually inGurred by the Purchaser for examination of title, but the 'dost of title examination shall in no event exceed the amount which would be charged by a title company which is a member of the New York Board of Title Underwriters for examination of title to the premises, without the issuance of policy. 4. This contract of sale may not be changed orally, but only by an instrument in writing, signed by the party attorney representing said party, against whom enforcement of any waiver, change, modification, discharge or performance is sought. or 5. Letters, receipts and/or vouchers signed by the mortgagee or his agent, showing the payment of interest or principal in reduction of the mortgage, shall be sufficient to show the status of any mortgage to which the Purchaser has agreed to take title subject to, provided same is acceptable to title company insuring Purchaser. 6. It is specifically understood and agreed that this contract is a single, indivisible contract, and that the delivery and acceptance of the deed shall be considered full compliance with all of the terms of this contract by the Seller, and none of the terms shall survive the delivery and acceptance of the deed, except those provisions which this contract expressly states shall survive such delivery. 7. If any provision of any rider shall conflict with any printed provision of this contract, the provision of the rider shall control. 8. Any notice required or permitted to be given hereunder shall be given to the Seller by personal delivery, by certified or registered mail, return receipt requested, Federal Express, or other reputable courier, with a copy to the Seller's attorney, Canavan & Boehm, Attention: Brian B. Boehm, Esq., 29 Park Avenue, Manhasset, New York 11030, and to the Purchaser, by personal delivery, or by certified or registered mail, return receipt requested, Federal Express, or other reputable courier, with a copy to the Purchaser's attorney, Gary Brunjes, Esq., Messrs. Van Nostrand & Martin, 53 Broadway, Amityville, New York 11701. Each such notice shall be deemed to have been given when received, or delivery refused. Any notice sent by Federal Express or any other reputable overnight courier shall be deemed to have been served at noon on the day following the sending. Attorneys shall have the right to send notices on behalf of their clients. 9. In the event that title is unmarketable, or if the Seller cannot convey, or cause to be conveyed, in accordance with the terms of this contract, subject to the encumbrances herein specifically enumerated, the Purchaser shall, at his election, have the right to accept such title as the Seller (which is under no obligation whatsoever to take any steps to render title marketable) is able to convey, or cause to be conveyed, without any claim on the part of the Purchaser for abatement for defects or objections; or the Purchaser shall have the right to rescind this contract, upon which rescission, pursuant to this paragraph, the sole liability of the Seller will be to refund to the Purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, and the cost of survey if obtained by Purchaser, and upon such refund and payment being made, this contract shall be considered cancelled, null, void and of no further force and effect and the Seller shall then be under no obligation or liability whatever to the Purchaser for any damages that the Purchaser may have sustained by reason of the Seller's failure to convey title hereunder. All title objections which can be removed by the payment of money only in a fixed amount shall be removed by Seller at closing. 10. If at the date of closing of title there are any liens or encumbrances which the Seller is obligated to pay and discharge, the Seller may use any portion of the balance of the purchase price to satisfy the same, provided the Seller shall have delivered to the Purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and encumbrances of record, together with the cost of recording or filing said instruments. The Purchaser, if request is made within a reasonable time prior to the closing of title, agrees to provide at the closing separate certified or teller's checks as requested, aggregating the amount of the balance of the purchaser price. Same would be used to facilitate the satisfaction of any such liens or encumbrances. The existence of any such tax or other liens and encumbrances shall not be deemed objections to title if the Seller shall comply with the foregoing requirements. 11. It is understood that the Seller will not accept at the time of closing any endorsed checks or third-party checks. All certified and/or teller's checks presented at the closing shall be made payable to the Purchaser and drawn on the Purchaser's checking or savings account, for endorsement to the Seller, or to the Seller directly, unless advice to the contrary is given to the Purchaser. Ail checks shall be drawn on New York State Banks. 12. The premises herein are sold subject to the following: (a) Those facts contained in the survey of Peconic Surveyors & Engineers, P.C., dated July 25, 1986, and any facts a subsequent survey may show provided same does not render title unmarketable. (b) Those facts contained in the title report of First American Title Insurance Company, Title No. 131-S-0590, a copy of which is attached hereto and made a part hereof. 13. The Purchaser may waive any condition inserted in this contract for its benefit. 14. Ail promises, covenants, terms and conditions to performed by either party hereunder which, by their terms, are not to be performed prior to the closing of title hereunder, shall survive such closing and remain in full force and effect. be within and are inclu ' ' en lal District as 16. The premises shall be delivered free of all tenancies and occupancies. 17. Anything to the contrary notwithstanding, in the event that any public assessable improvements shall have been made or authorized by law, the liability for the payment of said assessments shall be the Seller's notwithstanding the fact that same shall not have been entered or become an actual lien at the time of title closing. 18. The submission by Seller of this contract to Purchaser shalI' be deemed a submission solely for Purchaser's consideration and not for acceptance and execution. Such submission shall have no binding force or effect and shall confer no rights nor impose any obligations for Seller unless and until Seller shall have acsepted and executed this contract 'and delivered same to the Purchaser's attorney. 19. At closing, Seller shall deliver to Purchaser an appropriate certification to the effect that Seller is not a "foreign person or corporation:" within the meaning of such terms as defined in the Internal Revenue Code. 20. (a) Any omissions or errors made in the computation or any apportionments at closing shall be corrected even though discovery of such omissions or errors are communicated to the other party within six months after closing. Subject to the foregoing limit, reimbursement of the appropriate amounts shall be made by Seller to Purchaser or vice versa, as the case may be, promptly after determination of the correction to be made. (b) The net figure resulting from all adjustments and apportionments shall, if in Purchaser's favor, allowed as a credit towards the cash portion of the purchase price due at closing from Purchaser, and, if in Seller's favor, shall be paid by Purchaser to Seller at closing in addition to the cash portion of the purchase price due at closing. 21. (a) Purchaser and Seller agree to comply timely with the requirements of Article 31-B of the New York Tax Law and all regulations of the Department of Taxation and Finance ("State Tax Commission") applicable thereto (collectively, "Gains Tax Law") in good faith and in such manner as to avoid any postponement of the closing as herein provided, or of the recording of the deed to be delivered at the closing. (b) Purchaser agrees to execute and deliver to Seller, within five (5) business days after written request, a duly executed Transferee Questionnaire showing the full consideration to be paid to Seller by Purchaser. (c) At the time of the closing, Seller from its funds shall deliver to the Purchaser's title company, a certified or teller's check payable to the order of the State Tax Commission representing the appropriate tax payment due from Seller as set forth in the official Tentative Assessment and Return thereon duly executed by Seller, or from the proceeds of this sale, if so requested by Seller. (d) Seller further agrees to promptly pay any additional Gains tax, interest and penalty, if any, that may be assessed after the delivery of such assignment and to save Purchaser, and its assigns, if any harmless therefrom. (e) The foregoing provisions pertaining to the Gains Tax Law shall survive the delivery of such assignment or other document evidencing a transfer. Dated: ~]y 30 , 1990 RICH~ND CREEK ASSOCIATES (~ame & Ti~e) SUFFOLK COUNTY WATER AUTHORITY /~ - Member ! 4 SCHEDULE A Title No. 131-S-0590 ALL that certain plot, piece or parcel of land, Situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the Northwesterly side of C.R. 48 Middle Road (North Road) and the Southerly side of Hill Lane (Peconic Mill Road); RUNNING THENCE from said point of beginning along the Northwesterly side of Middle Road (North Road) South 24 degrees 2 minu- tes 20 seconds West 370.20 feet to land now or formerly of Spartan Holding Company; ~ THENCE North 67 degrees 22 minutes 18 seconds West 162.37 feet along said land to a monument; THENCE North 24 degrees 53 minutes 54 seconds East along land now or formerly of Suffolk County, 425.31 feet to the Southerly side of Mill Lane (Peconic Mill Road); THENCE along the Southerly side of Mill Lane (Peconic ~ill Road) the following 3 courses and distances: 1. South 65 degrees 55 minutes 28 seconds East 110.00 feet; 2. South 53 degrees 26 minutes 36 seconds East 153.53 feet; 3. South 5 degrees 28 minutes 40 seconds East 46.02 feet to the Northwesterly side of C.R. 48 Middle Road (North road) to the point or place of BEGINNING. - Supplemental Rider to Contract It is understood and agreed between the parties that the purpose for the sale of the subject premises to the Suffolk County Water Authority (SCWA) is for SCWA to construct a well upon the premises, and for the Richmond Creek Associates (RCA) to thereafter receive water from SCWA for its proposed subdivision at real property known as Richmond Creek Farms, Suffolk County Tax Map No. 1000-86-01-09. RCA has already applied to the Town of Southold for subdivision approval for the Richmond Creek Farms property into 42 separate building lots for one family homes, and SCWA has applied, (or will apply shortly) to the State Department of Environmental Conservation (DEC) for approval of construction of its proposed well (or wells). It is the intention of the parties that the purchase price of the subject premises ($105,000) shall be offset against the cost to SCWA of bringing a water main to Richmond Creek Farms. The total cost to SCWA is 187,856, as shown on attached Exhibit A, "Estimate of Cost". The Parties therefore agree as follows: 1. The sale of the subject premises is contingent upon the following: a. The approval by the DEC of SCWA's application for the construction of a well on the subject premises. b. The approval by the Town of Southold of RCA's application for subdivision approval of Richmond Creek Farms. If either party's application is finally denied, this contract shall be terminated, and neither party shall have any rights against the other. 2. Each party will diligently process its application. Each party will cooperate with the other party in the other party's application when such cooperation is reasonably requested. 3. Upon the issuance of both approvals referred to above in paragraph 1 of this rider, the parties will promptly close title to the subject premises. At the closing, the total purchase price of $105,000 will be applied to the cost of bringing the water main to Richmond Creek Farms of $187,856.00. The total cost $187,856 of bringing the main to Richmond Creek Farms shall be paid by RCA in installment payments as follows: 1/3 upon commencement of the work, 1/3 upon completion of one-half of the project, and the balance upon completion, with RCA receiving a credit against the first installment of $62,619 and a credit of $42,381 against the second installment for the sale price of the land. 4. Promptly after closing, SCWA will commence the work necessary install its well or wells on the subject premises, and to bring the water main to Richmond Creek Farms at a point on the southwest corner of Mill Lane and the Main. SCWA will supply sufficient water for the proposed 42 homes in the Richmond Creek Farms subdivision. SCWA will proceed to diligently complete the work, but in all events the work will be completed within two (2) years from the date of the later of: a. DEC approval of SCWA's well application; or, b. the Town of Southold's approval of RCA's subdivision approval. 5. RCA will be responsible for the installation of pipes, mains and hydrants, etc., within the confines of Richmond Creek Farms. RCA will install its pipes and mains according to SCWA's usual specifications for subdivisions of this size. Upon completion of the work within the subdivision, RCA will give to SCWA, and SCWA will accept, whatever easements, rights of way, etc., are necessary for SCWA to thereafter maintain the lines, mains and hydrants, as part of its water supply system. SCWA will thereafter supply water to owners of lots within Richmond Creek Farms in the same amounts on the same terms offered to its other residential consumers. 6. Ail provisions of this Supplemental Rider to Contract shall survive closing of title. Suffolk County Water Authority / ¥ Member/ Richmond Creek Associates, by Creek Associates, General Par~er, by Lon~ ~hore~evolpment Corp. , 2 W ATIZ, t EXPENDITURE AUTHORIZATION FOR ACCOUNTING OFFICE ONLY C L C NO, (1) Total E~timated Cost Irom reverse) 2 Meters & Services $. ' Less Costs Reimbursed $ $_ (3) Backbone Plant (, x. ) $__ (4) Removal Cost Less Salvage $ (5} Gross Investmenl Deduct: {6) Construction Advance $_ (7) Less Service Connechon Refunds $ {8) Nel Authordy Inveslmenl {g} Approved Budget --'llem NO-"': (10) This AuJhorizChon $ ' ' ' $ (1 1) Previously Approved $_ Total Approved Io Dale Eslimaled Increase in Revenues: ( 1 2L. Cuslomers al [131_ Hyarants at $.,, (1 4) Surcharge Billings Eslimated Sav,ngs ,n Operating Expenses: (t51_ (I 6) Gross Increase in Earmngs Revenue Deduchons. (17) Operahn9 Expenses ( ( 1 8) Operalin9 Income I 1 9} % Return On Net Investmenl f t 8..:-81 Easemem Reqmred NO. $ Retgemenl Required NO -- Yes_,, ~Yes $ $__ '' ; '.' APPROVALS I " 19 a$.TATE OF NEW YORK, COUNTY OF On~ the day of personally came 19, ,be~re me to me known to be the individual described in and who ex- ecuted the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19, , before me personally came to me known, who, being by me duly sworn, did depose and say that he reside9 at No. that he is the of , the corporation de;cribed in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instru- ment is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and'that he signed h name thereto by like order. STATE OF NEW YORK, COU]~JJJoF~j ~: On the day of 19 , befor0 mo personal.ly came to me known to be the individual described in and who ex- ecuted the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On the day of 19 personally came to me known and known to me to be a partner in , before me a partnership, and known to me to be the person described in and who executed the foregoing instrument in the partnership name, and said duly acknowledged that he executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereby adjourned to 19. , at o'clock, at ; title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of'the purchaser thereunder are hereby assisned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, t9 Assignee of Purchaser TITLE, NO. TO SECTION BLOCK LOT COUNTY OR TOWN. PREMISES Standard Form of New York Board of TiBe Under~vrlter$ Distributed by I$.'tJFE TITLE INSURANCE Company of New York Recorded at Request of I~'t. IFE TITLE INSURANCE Company of New York RETURN BY MAIL TO THE OBSERVANCE OF THE FOLLOWING SUGGESTIONS WILL SAVE TIME AND TROUBLE AT THE CLOSING OF THIS TITLE The SELLER should bring with him all insurance policies and duplicates, receipted bills for taxes, assessments and water rates, and any leases, deeds or agreements affecting the property. When there is a water meter on the premises, he should order it read, and bring bills therefor to the closing. If there are mortgages on the property, he should promptly arrange to obtain the evidence required under Paragraph 5 of this contract. He should furnish to the purchaser a full list of tenants, giving the ns.roes, rent paid by each, and date to which the rent has been paid. The PURCItASER should be prepared with cash or certified check drawn to the order of the seller. The check may be certified for an approximate amo.~nt and cash may be provided for the baIance of the settlement. 8/24/90 TO: SOUTHOLD TOWN PLANNING BOARD FROM: RUDOLPH H. BRUER, ESQ. RE: RICHMOND CREEK FARMS The following enclosures (attached hereto) represent the basis upon which our clients were assured of one-acre status in April of 1989. 5. supercedes Sec. 100-31B(2) above; 6. Copy of Bulk Schedule, column ii 1. Copy of 9/27/84 letter re Town Board resolution to grant relief from two-acre zoning; 2. Copy of 3/26/85 letter requesting opinion of Town Attorney re redesign of subdivision layout; Copy of 4/1/85 opinion letter from the Town Attorney; Copy of Southold Town code Section 100-31B(2) [effec. Copy of Southold Town Code Section 100-32B(2) [effec. [effec. 1/10/89] 8/9/83]; 1/10/89], JUI)ITII T T~RRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York t 1971 TELEPHONE (516) 765-1801 September 27, 198q Richard T. Haefeli, Esq. McNulty, DiPietro & Haefeli 130 Ostrander Avenue P. O. Box 757 Riverhead, New York 11901 Dear Mr. Haefeli: The following resolution was adopted by the Southold Town Board at their September 25, 198q meeting granting the relief requested in the petition of Anna Fiore, MichaeI,Longoo et.al.,: .,WHEREAS, Anna ,Fiore, Michael Longo, Larry Stein, Christian Christake0 :J* .Evangelista!a*nd S. Evangelista, by petition dated April 3, 198#, applied to ' ~thelSouth°l~!TOwn ,!B~ard for=re!ief from the Bulk .re~...uirements of the Zoning ~! ,.'Code:with'ire'gard-:tO~major subdivision entitled 'Subdivision of Richmond Creek' Fams,~:~nsiSting of'~i9o9 acres and located on the sOUth side of Main (State ';-~RoUte~2$)~R~~ic; New York, and =:7 ~ '., - ~.'~ ,' WHEREAS~;~aid:petition was referred to the 5oU~hold Town Planning BOard and SuffolklCo~:~ePartment of Planning for their recommendations, and- ; ' 'WHEREAS; 'e ~iJbllC hearing was held by the Southold Town Board on said petition on the 14th day of September, 198~,, at which time all persons were given an 'opportunit~:t.o be .heard thereon, now, therefore, be it . . ' RESOLVEDi-that ~,nna :Fioreo Michael Longo, Larry Stein, Chr:shan Christake, J~ Evangelista and S~,i£vangelista be .Granted relief'from the Bulk requirements of the Zoning Cede as provided in Local Law No. 11 - 1983, with regard to a major subdivision entitled,; "Subdivision of Richmond Creek Farms," and be it further RESOLVED that the premises described in said petition shall be subject to the Bulk requirements of the Southold Town Zoning Code in effect prior to May 20, 1983. .I Very truly yours, Judith T. Terry Southold Town Clerk Southold. N.Y. 11971 (516) 765-1938 March 26, 1985 Mr Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: Rlchmon~ Creek Farms major subdivision Dear Mr. Tasker: The above mentioned subdivision, which is proposed in the .cluster concept, received relief from the two-acre zoning from the Town Board pursuant to 100-31.1 of the Town Ordinance. As you may kn~w, the cluster concept, under one acre permits lots of % acre, which are below the. standards for.the Suffolk CountyDepartment of Health Services. The applicant has been inquiringif he may change .the subdivision layout from a cluster to a conventional one-acre subdivision to avoid a problem in obtaining Article 6 approval. The Planning Board would like your opinion'as to whether the map must remain in the cluster concept since that was the proposal which was granted relief, or if it could be changed to a convential one-acre layout. Thank you for your assistance in this matter. very trul~ yours, BENNETT ORLOWSKI, JR., CHAFRMAN ' SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary OFFICE OF TOWN ATTORNEY TOWN OF SOtJTHOLD 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 TELEPItONE (516) 47%1400 April 1o 1985 Hon. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southoldo New York 11971 Re: Richmond Creek Farms Major Subdivision. Dear Sir: This is in reply to yo.ur March 26, 1985 letter relative to the above subdivision. In reviewing the Planning Board records, I find that on June 15, Planning Board granted preliminary approval of this subdivision?' 1982, the Section 100-31 B(2) of the Zoning ~:ode, as enacted on August 9, 1983 by local 'Law No. 9-1983, provides that the bulk requirements set forth in Column .A- q0 of the Bulk Schedule (#0,000 sq, ft. lots), "shall apply to the following lots:" "(2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing .for preliminary map approval prior to May 20, 19837 Since the Planning Board granted preliminary approval of this map on June 15, 1982, it 'must have held a hearing thereon prior to such preliminary approval, and also prior to May 20, 1983. Therefore, the above provisions of Section 100-31 B(2) apply and the lots shown on such map may be developed with lots having a minimum, area of #0,000 square feet. It would be my opinion that since this subdivision was automatically pursuant to Section 100-31 B(2}, no application for relief from the two-acre requirements was required under Section 100-31.1 of the code. I am also of the opinion that the Planning Board may entertain an application by the owner to amend the preliminary map from a cluster concept to a conventional one-acre layout. A public hearing should be held on the amended map prior to action thereon by the Planning Board. Yours very truly, RWT :aa cc: Richard T. Haefeli 'ROBERT W. TASKER § 100.31 X. SOUTHOLD CODE § Schedule incorp< ro~ed into ~s chapter a~t, complied with,' follo~, a~ lots: (!: All lo:s sb,:,wn c,r. ma~or and miao~ ::ubdi',-i::~on w~Ach ~'et~ ~ar.~e~ fir.~ apJn'oval bF l}:e Bo~d prier to May 20, 1983. tAmer,dod I0-4-83 by L.L, No. 10,19831 ~2~.~All }e~: ~hcwn on rn~jc, r ~ubdivi~ior. mo~ upon ~hich d~ r .l~,.r,g B~ard has held a h~ ~ing to~ p~l~nin~ry map ep ~rov~ prior tO May 20, 1982. i3, ~h ;o,. >hcwr, on minor su~lVlg~on ~a~ tha~ have ~ecn bwahted ~ketch plan apgroval by the P}~ning Board prior to May g0, 1983. ~oa:d ~ub~quer, t to November 23, 1971, ~d prior May 20, 1983. C The bulk an~ parking requkeme~e for singleJami!y dwell. mg~ ~et forth ,n Column A.80 of the Bu~ and Porki~g Schedule incorporated in~e ~Js chapter shall apply to the fo~o-a'~ g lots: Ail lo~s shown on minor subdi',islon :nap~ w~2ch h~ve been ~anted sketch plan approv~ by :he P]arming Board on or ~fmr Mzy ~0, ~2: All lot~ show~, on mo}or ~u~ivision m~p! upon rim Planning Br,~d ha* held a he~g for map approval on or afmr May ~0, 1983. ,2, All 1o~ Set ~ff ~r crea~d by approval of the Piarmlng Board on or liter May 20. 1988 D The balk and parking requirements for t~o-fam~ly d,~'ell. /nB, !er forth in Column A-160 of tht B~!k end Parkln8 0028 ~o ::. ~ CODE set forth in Article XX: , (2) nonilluminated ~sch not more than two ~m forty-eight (48) square f ~l be larger than advertising only the sale ~ products grown on the ~! on the premises. -_ ragu, either single- or ~n twelve (12) square ~ore lo~, advertising the a ~ises on which it ~ than fifteen (15: ~ or a subdivision. ~ of five hundred (500) for ~ permitted in (S) ,uM (9) of : may be anthorized as ~wd of Appeals as ~ ~les, auction p~onal pro~er t~/ - ~d lec~ed thereon (1) such sale slmll : (1) calendar ,v~r. ZONING § 100-32 (b} Adequate supervised parking facilities shall be provided. (c) No signs, except one (I) one-premises sign not larger than six (6) square feet in size displayed for a pcried of not longer than one (1) week immediately prior to the day of such sale, shall be permitted. (d) A permit is obtained therefor from the Building Inspector upon the payment of a fee of fifteen dollars ($]5.). t 100-32. Bulk, area and parking regula~ono. No building or premises shall be used and no building or part thereof shall be erected or altered in the Agricultural-Conservation District and in the Low-Density Residential R-80 District unless the s~me conforms to the Bulk Schedule and Parking Schedule~ imorporsted into this chapter with the same force and effect ~s if such r~ulatiom were set forth herein in full, as well as to thc following bulk ~nd parking requirements: A. In the cme of a lot held in single and separate ownemhip prior to November 23, 1971, and there~ter, with an area of less than forty thousand (40,000) square feet, a single-family dwelling may be constructed thereon, provided that the requirements of Column vii of the Bulk Schedule and the parking Schedule incorporated in this chapter are complied with. B. The bulk and parking requirements for single-family dwellings ~s set forth in.~lum~ ntnt~ Bulk Schedule and the Parking Schedule incorpor~ea i this chapter shall apply to the following lots: (1) All lots shown on major and minor subdivision maps which were granted final approval by the Planning Board prior to May 20, 1.°,83. (2) All lots shown on major subdivi.~ion maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20. 198.3. 10049 ~ · ea. s.~ (~mn He. 20 ~0 ~0 10 $ S 2S 2S 20 2S 10 See k~t ~ cho~x~r &rd l)emtty and Minimum Lat She ScheduJes for ~q)]Jcldde dbtr4~. * Kxet'~ tax-bedroom or Kxzclio in mullip&e dw~llil~* may ham Iix hund~d (~0) ~ ~ Minimum floor n m~ be recluc~l up ~ tv~ hundred (200) for modernS* and/or dwellin~L s Exc~'~ or, e-bedroom or studio in multiple dwelllnf rely hav~ iix hundred (~00) square fe~. suffolk CountY, ,~ ~ ~ York 11971 16,0 n/f Thomss iii Dace Grattan now or formerly John Helen Pirog ' SITE cREE~/ 13.0 ~ formerly Estate OPEM ' EAJVE. Subdwls~°n"'Richm°nd Shores At Pecon;c"' Suffco. File No. 6873 NOTE ~ J SUFF SO T~ MAP NO DI.~T I00 SECT 86 BKOI LOTOS TOPOGRAPHY SHOWN HEREON IS FROM "TOeOSRAPNIC MAP- FIVE EASI~RN TOWNS" PREPARED FOR THE SUFF CO DEPT. OF PUBLI~WORKS THIS MAP '~ PREPARED FROM SURVEY BY RODERICK VAN TUYL ON JULY[4-, 1978 of Charles ~,o Simon Minor Subdivision - Lot 3 Estate of Lot 2 13of 5LUrcTEg OUI~PIVI¢ICM (~ALd, L/LATICM OITE PATA Mo.,,/ / 200 3OO [,~ n/f '', n/f n/f Simon /RoberI 8, Mauree9 Maureen Ringold / John 8, Norma / ' Ei~n gold /~ Ii Mehrman / ELOpe Charles Lot I t ~j V REVISED: MAR.. 7, 1986 DEC. 23 1985 0C% 5,[985 SEPT. 19~1985 OU~)DIVI¢IOIU C~KETGH PLAM i I(.,HMOM P CREEK AT PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y SCALE I"= I00' MAY 29, 1985 FAIR'M MAR i0 1986 YOUNe 8, YOU N S, RI VE R ALDEN W, YOUNG~ N.YS.RE.I~ L.S. NO. 1~84§ R~INARD W YOUNG~ N.'~S,L.S, NO. 4-5893 Mo. 85 - &~-3