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1000-97.-6-17
• r e+ s , r a + 3 r. M r f..�' �•*� ;e•p G,s�.rrA� l.+e'arr M�,1 'F.,^'r l .. �i•w/ 6 f r = ♦. - , - fol 6 p . Y � ,� « �(+ � �y.a vi �y f5 fr GY, tr ... c�> a ! e _ ! •7 4 T,2 ilk, IL4C u < CU7 ' 40 7'-+ _ t 16' , Our t � � �� ,,... ..' __.. � —_ _..__—�— —-- C?�'r7�d f�r'7�' C.. �f`f.'[�V r'E'7• _ _'_—� � 1�, �X z. • els? >c 5 � r ', cu R a• �da 3.Yl F1' 'lW� l�VfY r .+ L.. '� F_ ,• x: 1 i err A LD � A6 KB BOARD i7 l'' >.m °v .. F w• s 4 ,.. i !..d. "i e. � r 1i+ A+i lea r Y 4' P, !t 1g 9 7 r APPROVED" ,py,,,.. a .: °r, i r<e �••.F: �t}'. fy r,.� �✓ i a"A• iv u - �tr`sI PLA. r M j # iib r a � w n 1 ly �ilr..,�,«»y,`` ;*`� f,"s,r. Lt..:$. t.. �_ �.'1 r ',�C ,. __ a` _ _- " ''tz�''. .. •4�`n`-`� F • _ '['�� a ,�•.;•A s Tg s +s�t� r� , - ,may �S d '•..,.,.. r� t r. r -,�T1 - OV 14 t9cf y,]� � r�`�'� ( �, i����..� f b '��'� ::a3 �,�;'f;l r' ( t' Cf; L ll d.•y"r r+•[{ `•� r 45 7 mai ti. r� e ¢ # � - .._ ,.,. :.• �-v,;j-�� ;'.. �i�.'a,... a ,+ r"r ro il'� f<-� �.t f., r •f C`.. � � � .. t a r. : v a.`'7 Csr zALdwe AV s ' PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCYIIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 16,1998 Robert J. Droge 112Wedgewood Drive Coram, NY 11727 Rs~ Public hearing to amend conditions of C&R's for approved subdivision for Harbor Park Homes SCTM# 1000-97-6-17 and 103-1-20.5 & 20.6 (a.k.a. 97-3-17.1 and 103-1-20.9, 20.10, 20.11 and 20.12) Dear Mr. Droge: The following took place at a meeting of the Southold Town Planning Board on Monday, June 15, 1998: The final public hearing which was held in regard to amending Condition Number 1 of the Declaration of Covenants and Restrictions which was filed in the County Clerk's Office in Liber 11688 page 434, for the Harbor Park Homes subdivision, was closed. The following resolution was adopted: WHEREAS, the Southold Town Planning Board granted final approval to the Harbor Park Homes subdivision on November 14, 1994; and WHEREAS, Lot Number 3 in the approved subdivision contains a 50' wide area shown as "Reserved for Possible Future Road"; and WHEREAS, as part of the subdivision approval, a Declaration of Covenants and Restrictions was recorded in the office of the County Clerk; and WHEREAS, Condition Number 1 of the Declaration of Covenants and Restrictions describes the metes and bounds for the 50' wide area shown on Lot Number 3 as "Reserved for Possible Future Road"; and WHEREAS, the owner of Lot Number 3 has applied to the Planning Board to revise the location of the 50' wide area shown as "Reserved for Possible Future Road"; and Page 2 Public hearing to amend conditions of C&R's for approved subdivision for Harbor Park Homes June 16, 1998 WHEREAS, the proposed revision is shown on the January 28, 1998, survey prepared by Joseph A. Ingegno, Land Surveyor, and is described in Exhibit "A" of the Certificate of Correction; and WHEREAS, the Declaration of Covenants and Restrictions can be modified only at the request of the owner of the premises, with the approval of the Planning Board, after a public hearing; and WHEREAS, the Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the public hearing to amend Condition Number 1 of the Declaration of Covenants andRestrictions was held on June 15, 1998 and closed on the same day; be it therefore RESOLVED that the Planning Board approve the request to revise the location of the 50' wide area shown as the "Reserved for Possible Future Road", and authorize the Planning Board Chairman to endorse the Certificate of Correction, subject to the following conditions: The entire area on the north side of the 50' wide right of way shall be planted with a mix of evergreens prior to the Planning Board Chairman endorsing the Certificate of Correction. The Certificate of Correction must be recorded in the Suffolk County Clerk's office. A copy of the recorded document must be presented to the Planning Board. The Declaration of Covenants and Restrictions which has been amended to reflect the revised right-of-way location must be recorded in the County Clerk's offlca. A copy of the recorded document must be presented to the Planning Board. As a condition of subdivision approval, the Planning Board received an irrevocable Offer of Dedication for the 50' wide area shown as "Reserved for Possible Future Road." The Offer of Dedication was recorded in the Town Clerk's Office on September 13, 1994. A revised Offer of Dedication reflecting the revised location of the 50' right-of-way has been submitted and will be recorded in the Town Clerk's Office by the Planning Board. Please contact this office if you have any questions regarding the above. Sincerely, AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on Jd/ue- /5'~ 1998. I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on ~'d/J ~--'- j 1998. Your name/~(~/ Signature Address Date Notary Public EMMA RICONDA NOTARY PUBLIC, State of New York No 4867622 Qualified in Suffolk Count/ C~mmission Expires Aug 18, P/EASE IEETUIEN I'HIE ,al:F/BAId[ AND CEI~T/FIED MAll IEECEIPT$ ON THE DAY OF. 01~ AT THE PUBUC HEAR/NO Re: h~¢bor Park SCTM#: ql- Date of Hearing: CERTIFICATE OF CORRECTION Surveyor: Name of Map: Location: Owner: Correction: Executed: Joseph A. Ingegno, N.Y.S. Lic. Land Surveyor P.O. Box 1931 Riverhead, NY 11901 No. 49668 "Map of Harbor Park Homes" Filed November 22, 1994 File No. 9602 Town of Southold Suffolk County Tax Map Designation 1000-103-01-20.10 Robert J. Droge 112 Wedgewood Drive Coram, New York 11727-1215 Reroute the dedicated right of way as shown on the signed and sealed survey and as more fully describe~ on Exhibit "A", both of which are orj Sta~ of Ne~FYork County of Suffolk On~?~ ~ , 1998, before me came Joseph A. IHgegno, to me known to be the individual described in and who. executed the foregoing instrument who duly acknowledged to me that he executed the same. Approved: Notary~ubiic ~.~e~N~ This is to certify that the Planning Board of the T?wn of So~thold approved the map correction described herein by Resolution dated ~. ~ , 1998. .~D Bennett'Orlo~ski, Jr. Chairman, Southold Planning Board State of New York County of Suffolk On ~,~./~ ~, 1998, before me came JOSEPH A. INGEGNO, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. Notary l~ub 1 ic State of New York County of Suffolk On~/~_~v ( , 1998, before me came BENNETT ORLOWSKI, J__r., to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. Notary Public ~/ RIGHT OF WAY EASEMENT ALL that certain'plot,' i~iece or parcel of land, situate, lying and being a'~Clltehogue, Town of Southold, County of Suffolk and State of New York, being part of Lot 3, Subdivision Map of Harbor Park Homes, filed in the orifice of the Clerk of Suffolk County on November 22, 1994 as File No. 9602, being more particularly bounded and described as follows: BEGINNING at an iron pipe along the westerly line of Harbor Lane at the northeast corner of Lot 3 of said map; THENCE southerly along the westerly line of Harbor Lane South 25 degrees 15 minutes 30 seconds East, 50.00 feet to an iron pipe and the land now or formerly of Dobek; THENCE wastefly along the northerly line of said land South 64 degrees 44 minutes 30 seconds West, 140.00 feet to an iron pipe; THENCE through Lot 3 of said map the following four courses and distances: (I) Thence South 64 degrees 44 minutes 30 seconds West, 50.00 feet to a point; (2) Thence on a curve to the fight having a radius of 70.00 feet and a length of 53.48 feet to a point; (3) Thence North 71 degrees 28 minutes 21 seconds West, 82.50 feet to a point; (4) Thence on a curve to the left having a radius of 20.00 feet and a length of 15.07 feet to a point on the easterly line of land now or formerly of Pung; THENCE northerly along the easterly line of said land North 24 degrees 38 minutes 50 seconds West, 50.00 feet to an iron pipe and the southerly line of Lot 2 of said map; THENCE easterly through Lot 3 of said map on a curve to the right having a radius of 70.00 feet and a length of 52.75 feet to a point; THENCE South 71 degrees 28 minutes 21 seconds East, 82.50 feet to a point; THENCE on a curve to the left having a radius of 20.00 feet and a length of 15.27 feet to an iron pipe and the land now or formerly of Lademann; THENCE along the southerly line of said land North 64 degrees 44 minutes 30 seconds East, 190.00 feet to an iron pipe along the westerly line of Harbor Lane and the point or place of BEGINNING. Joseph A. Ingegno Land Surveyor, SURVEY OF LOT 3 HARBOR PARK HOMES CUTCHOGUE '%., 1 3 ~EC~A~ATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 16th day of June, 1994, by DALCHET ORPORATION, a domestic corporation with office at 235 Pequash venue, Cutchogue, New York 11935, and WILLIAM ORLOWSKI and LORRAINE ORLOWSKI, residing at 218 Carlton Road, Millington, Sew Jersey 07946, hereinafter called the Declarants. WHEREAS, the Declarants have title to certain land situate, lying and being at Cutchogue, in the Town of $outhold, County of Suffolk and State of New York, said land hereinafter being more )articularly described in Schedule A attached hereto; and WHEREAS, the Planning Board of the Town of Southold did on anuary 11, 1993 grant preliminary approval on the parcel of land described in Schedule A into a major subdivision of five lots to be known as "Harbor Park Homes" made for Dalchet Corp. at Cutchogue, Town of Southold, N.Y. WHEREAS, the Planning Hoard of the Town of Southold resolved on January 11, 1993, there should be placed on the subdivision the following covenants and restrictions: 1. Lot No. 3 shall contain the following restrictions: (a) The following described portion of Lot No. 3 is set aside for is developed: a future road in the event the property to the west ALL that certain plot, piece or parcel land situate, lying and being at Cutchogue, of Southold, County of Suffolk and State of New York, being more particularly bounded and 'described as follows: of Town .~ BEGINNING at a point on the westerly line of Harbor Lane at the southeasterly corner of land of Lademann, and running thence along said Harbor Lane South 25v 15' 30" East 50.0 feet to land of Dobek; thence along said last mentioned land and land of Dalchet Corporation South 64" 44' 30" West 313.66 feet to land now or formerly of Pung; Page 2 of 8 thence along said last mentioned land North 23" 44' 50" West 50.02 feet to land of Wil~liam and Lorraine Orlowski; thence along said last mentioned land and land of Lademann North 64u 44' 30" East 312.34 feet to the westerly line of Harbor Lane and the point or place of BEGINNING. All improvements and costs of the ~road shall be borne by the Pown of Southold or the then owner of/a major subdivision to the west at the time it is utilized as a iroad. (b) The area on the northerly side of the above-described )roperty set aside for a future road shall not be considered a )uilding lot and is more particularly described as follows: ALL that certain plot, piece or parcel of land situate, lying and bei~ng at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~. BEGINNING at a point which is the southwesterly corner of land of Lademann, and which is point is South 64° 44' 30" West 190.0 feet from the south- easterly corner of land of Lademann and the westerly line of Harbor Lane; running thence from said point of beginning South 64u 44' 30" West 122.34 feet to land now or formerly of Pung; thence along said last mentioned land North 23u 44' 50" West 59.64 feet along land of William and Lorraine Orlowski; thence along said last mentioned land North 64° 44' 30" East 121.08 feet to land of Lademann; thence along said last mentioned land South 25u 15' 30" East 82.10 feet to the southwesterly corner of land of Lademann and the point or place of BEGINNING. (c) The area on the southerly side of the above-described ,roperty set aside for a future road contains a building envelope s shown on the subdivision map. The area within 60 feet south the property set aside for a future road, which southerly property line is described as South 64" 44' 30" West 173.66 feet, shall be considered the front yard of Lot No. 3; the area within 75 feet north of the southerly property line of Lot No. 3, which is described as South 64" 44' 30" West 180.83 feet, shall be considered the rear yard of Lot No. 3;~and the area within 60 feet Page 3 of 8 ~est of the easterly property line of Lot No. 3, which is ~escribed as South 25v 15' 30" East 272.25 feet, shall be onsidered a side yard of Lot No. 3. 2. Lot No. 4 contains a building envelope as shown on the ubdivision map and shall have the following restrictions: (a) The area within 60 feet north of the southerly ~roperty line of Lot No. 4, which is described as North 58" 33' .0" East 309.27 feet, shall be considered the front yard of Lot No. 4; the area within 75 f~et south of the northerly property line of Lot No. 4, which is described as South 64v 44' 30" West 180.83 feet, shall be considered the rear yard of Lot No. 4; and the area within 60 feet west of the easterly property line of Lot No. 4, which is described as South 25v 15' 30" East 218.00 feet, shall be considered a side yard of Lot No. 4. 3. Lot No. 5 contains a building envelope as shown on the subdivision map and shall have the following restrictions: (a) The area within 60 feet south of the northerly property line of Lot No. 5, which is described as North 58" 33' 10" East 309.27 feet, shall be considered the front yard of Lot NO. 5; the area within 75 feet north of the southerly property ine of Lot No. 5, which is described as North 87u 49' 50" West 314.82 feet, shall be considered the rear yard of Lot No. 5; and the area within 60 feet west of the easterly property line of Lot No. 5, which is described as South 7" 58' 50" East 250.0 feet, shall be' considered a side yard of Lot No. 5. These Covenants and Restrictions can be modified only at the request of the then owner of the premises, with the approval of the Planning Board of the Town of Southold, after a public hearing. Adjoining property owners shall be entitled to a notice Page 4 of 8 of such public hearing, but their consent to sllch modification shall not be required. DECLARANTS do hereby further warrant, covenant and represent that the foregoing restriction and agreement shall bind the ~ndersigned, their heirs, successor and assigns, and any and all )erson or persons who shall succeed t~ the ownership of said )remises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarants have caused their hands and ~eals the day and year first above written. DALCHET CORPORATION By Chester Orlowski, President William Orlowski Lorraine Orlowski Page 5 of 8 blic hearing, but their consent to such modificatio,n required. NTS do hereby further warrant, covenant and represent :egoing restriction and agreement shall bind the their heirs, successor and assigns, and any and all ~£sons who shall succeed to ~h~ TATE OF NEW YORE. ~ounty of Suffolk of New York in and for said County (saio tcourt ~elng a ~oun o~ ~,u~ ~.,,-~ · have compared tl~ annexed copy of ~/3 9/ RCeOlMed 0'~//~ 9/ Deed iiber ///e f-t/ ., at Page and that it is a just and tmc copy of such original Declaration and of the whole thereof. .~ ~S~MO~ w~oF, 1 ha,~ hereunto s~ ~y h~ and a~l~,:,~ or,ai~ County ................................................... ~ Clerk Form No. 104 Lorraine Orlowski Page 5 of 8 STATE OF NEW YORK: COUNTY OF SUFFOLK: ss. On this 17th day of June, 1994, before me personally came CHESTER ORLOWSKI to me known, who, beingiby me duly sworn, did depose and say that he resides at (no #) Pequash Avenue, Cutchogue, New York; that he is the President of DALCHET CORPORATION, the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, ~nd that he signed his name thereto by like order. ~TATE OF NEW JERSEY: COUNTY OF MORRIS : On this 16th day of June, 1994, before me personally came WILLIAM ORLOWSKI and LORRAINE ORLOWSKI to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Page 6 of 8 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: f? BEGINNING at a point on the westerly line of Harbor Lane, 675.0 feet southerly along said westerly line from the Main Road (N.Y.S. Route 25); thence from said point of beginning running along said westerly line of Harbor Lane the following two (2) courses and distances: (1) South 33° 45' 10" East 77.45 feet; and (2) South 25° 15' 30" East 419.70 feet to land of Lademann; thence along said last mentioned land the following three (3) courses and distances: (1) South 64° 44' 30" West 190.0 feet; (2) South 25° 15' 30" East 200.0 feet; and (3) North 64° 44' 30" East 190.0 feet to the westerly line of Harbor Lane; thence along the westerly line of Harbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said last mentioned land South 64° 44' 30" West 140.0 feet to a pipe; thence still along land of Dobek and land of Januick, Lindblad, Teevan and Martin South 25° 15' 30" East 490.25 feet to a pipe; thence still along land of Martin North 82° 01' 10" East 173.86 feet to the westerly line of Harbor Lane; thence along the westerly line of Harbor Lane the following two (2) courses and distances: (1) South 38° 56' 20" East 43.03 feet; and (2) South 7° 58' 50" East 113.10 feet to land of White; thence along said last mentioned land South 32° 01' 10" West 140.0 feet to a pipe; thence still along land of White and land of Hommel South 7" 58' 50" East 250.0 feet to a monument and land of Sowins~i; thence along said last mentioned land North 87° 49' 50" West 314.82 feet to a monument and land now Pung; thence along said last mentioned land the following four (4) courses and distances: (1) North 2° 10' 10" East 346.51 feet; (2) North 23° 44' 50" West 508.89 feet; (3) North 24° 38' 50" West 580.63 feet; and (4) North 34° 44' West 48.79 feet to a monument and land of Rakowicz; thence along said last mentioned land North 56° 14' 50" East 305.47 feet to a monument on the westerly line of Harbor Lane at the point or place of BEGINNING. Page 7 of 8 DECLARA?~ON OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this 16th ~ay of June, 1994, by DALCHET CORPORATION, a domestic corporation with office at 235 Pequash Avenue, Cutchogue, New York 11935, and WILLIAM ORLOWSKI and LORRAINE ORLOW~KI, residing at 218 Carlton Road, Millington, New Jersey 07946, hereinafter referred to as the DECLARANTS, as the owners of the premises described in Schedule A annexed hereto (hereinafter referred to as the PREMISES) desire to restrict the use and n3oyment of said PREMISES and has for such e ' purposes determined to impose 6n said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for approval of a five lot subdivision known as "Harbor Park Homes", ~92-273, on the PREMISES. 2. WHEREAS, DECLARANTS appeared before the Board of Review requesting a variance to be able to utilize shallow wells which do not cgnform to the depth requirements of the Suffolk County Sanitary Code and WHEREAS the Board of Review of the County of Suffolk Department of Health Services granted a waiver by Page 2 of 11 letter dated May 26, 1994, attached hereto and made a part hereof, provided a Covenant is filed, and the DECLARANTS, their successors, heirs or assigns, agree and covenant: (a) To hold harmless, indemnify and defend the County of its employees, officers, or agents from any claim for ~amages or injuries that may arise out of the installation or us~ of such shallow wells. (b) To install wat~er conditioning equipment at the time )f construction on each lot if the well water supply for that lot has contamination in excess of the minimum drinking water ~tandards and/or guidelines of the State of New York, and to file additional COvenants at that time, as required by the ~EPARTMENT. 3. DECLARANTS, their successors, heirs or assigns, further and COvenant: (a) That there shall be no further division of the ES unless public water is extended and all of the lots are ~onnected to public Water. (b) To connect all of the lots to a public Water supply, upon a public water main being extended within 150 feet from the ES. 4. The DECLARANTg, their SUccessors and/or assigns shall Forth these COvenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above ]escribed property and shall, by their terms, subject same to set Page 3 of 11 ~he covenants and restrictions contained herein. Failure of the · their successors and/or assigns to so condition the Leases shall not invalidate their automatic subjugation to the covenants and restrictions. ~ 5. All of the covenants and restrictions contained herein shall be construed to be in addition.to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time Such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 6. This document is made subject to the provisions of' all laws required by law or by their herein and they are deemed to 6e )art hereof, as though fully set provisions to be incorporated incorporated herein and made a forth. 7. The aforementioned Restrictive Covenants shall be nforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 8. These covenants and restrictions and shall be binding upon the DECLARANT$, assigns, and upon all persons or entities shall run with the land their successors and claiming under them, Page 4 of 11 and may be terminated, revoked or amended ~yv., .... f ~. ...... ~__-~__:_%_.. ~_.__ ~ only with the written consent of the ~EPARTMENT. 9. If any section, subsection, paragraph, clause, phrase or ~rovision of these covenants and restrictions shall, by a Court ~f competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or grovision hereof other than the part so adjudged to be illegal, nlawful, invalid, or unconstitutional. 10. Local Law ~32-1980 - The DECLARANT$ represent and warrant that they have not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law J32-1980. DALCHET CORPORATION Chester Orlowski, President William Orl~ski Lorraine Orlowski Page 5 of 11 ~TATE OF NEW YORK: : SS. COUNTY OF SUFFOLK: On this 17th day of June, 1994, before me personally came CHESTER ORLOWSKI to me known, who, being by me duly sworn, did depose and say that he resides at/ 235 Pequash Avenue, Cutchogue, New York; that he is the P~esident of DALCHET CORPORATION, the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; of directors of thereto by like that it was so affixed, by order of the board said corporation, and that he signed his name order. Notary Public lb. ~$~J. S~ ~ STATE OF NEW JERSEY: :SS. COUNTY OF MORRIS : On this 16th day of June, WILLIAM ORLOWSKI and LORRAINE ORLOWSKI the individuals described in instrument, and acknowledged 1994, before me personally came to me known to be and who executed the foregoing that they executed the same. /~ ~otary~Public Page 6 of 11 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ~ BEGINNING at a point on the westerly line of Harbor Lane, 675.0 feet southerly along said westerly line from the Main Road (N.Y.S. Route 25); thence from said point of beginning running along said westerly line of Harbor Lane the following two (2) courses and distances: (1) South 33° 45' 10" East 77.45 feet; and (2) South 25" 15' 30" East 419.70 feet to land of Lademann; thence along said last mentioned land the following three (3) courses and distances: (1) South 64v 44' 30" West 190.0 feet; (2) South 25v 15' 30" East 200.0 feet; and (3) North 64° 44' 30" East 190.0 feet to the westerly line of Harbor Lane; thence along the westerly line of Harbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said last mentioned land South 64° 44' 30" West~ 140.0 feet to a pipe; thence still along land of Hobek and land of Januick, Lindblad, Teevan and Martin South 25~ 15' 30" East 490.25 feet to a pipe; thence still along land of Martin North 82° 01' 10" East 173'.86 feet to the westerly line of Harbor Lane; thence along the westerly line of Harbor Lane the following two (2) courses and distances: (1) South 38u 56' 20" East 43.03 feet; and (2) South 7~ 58' 50" East 113.10 feet to land of White; thence along said last mentioned land South 32° 01' 10" West 140.0 feet to a pipe; thence still along land of White and land of Hommel South 7v 58' 50" East 250.0 feet to a monument and land of Sowinski; thence along said last mentioned land North 87° 49' 50" West 314.82 feet to a monument and land now or formerly of Pung; thence along said last mentioned land the following four (4) courses and distances: (1) North 2" 10' 10" East 346.51 feet; (2) North 23~ 44' 50" West 508.89 feet; (3) North 24v 38' 50" West 580.63 feet; and (4) North 34° 44' West 48.79 feet to a monument and land of Rakowicz; thence along said last mentioned land North 56° 14' 50" East 305.47 feet to a monument on the westerly line of Harbor Lane at the point or place of BEGINNING. Page 7 of 11 AMENDMENT. T~O D_~ECLARATION O__F C__OVENANTS. AN__~D .RESTRICTIONS Declaration made this ~,) day of~l~ 1998 by Robert J. Droge, currently residing at 112 Wedge~ood Drive, Coram, NY 11727-1215, hereinafter called the Declarant. WHEREAS, a Declaration of Covenants and Restrictions was filed in the County Clerk's office in Liber 11688, page 434, on August 5, 1994, describing a 50 foot wide right of way on certain land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, said land hereinafter being more particularly described as Lot Number 3 as shown on the Subdivision Map of "Harbor Park Homes" at Cutchogue, Town of Southold, New York, which map has been filed on November 22, 1994, File Number 9602; and WHEREAS, the Declarant has title to Lot Number 3 as shown on the Subdivision Map of "Harbor Park Homes" at Cutchogue, Town of Southold, New York; and WHEREAS, the Planning Board of the Town of Southold resolved on January 11, 1993 there should be placed on said land a covenant and restriction setting aside a portion of said land for a future road in the event the property to the west is developed; and WHEREAS, the Declarant desires to modify said Declaration of Covenants and Restrictions by replacing that portion of land originally set aside for a right of way with other land contained within Lot No. 3 equally suitable for a right of way for a future road in the event the property to the west is developed;, and WHEREAS, these covenants and restrictions can be modified only at the request of the owner and with the approval of the Planning Board of the Town of Southold, after a public hearing; and WHEREAS, Declarant offers the following Amendment to the current restrictions on Lot No. 3 1. The following described portion of Lot No. 3 is set aside for a future road in the event the property to the west is developed: ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being part of Lot 3, Subdivision Map of Harbor Park Homes, filed in the office of the Clerk of Suffolk County on November 22, 1994 as File No. 9602, being more particularly bounded and described as follows: BEGINNING at an iron pipe along the westerly line of Harbor Lane at the northeast corner of Lot 3 of said map; THENCE southerly along the westerly line of Harbor Lane South 25 degrees 15 minutes 30 seconds East, 50.00 feet to an iron pipe and the land now or formerly of Dobek; THENCE westerly along the northerly line of said land South 64 degrees 44 minutes 30 seconds West, 140.00 feet to an iron pipe; THENCE through Lot 3 of said map the following four courses and distances: (1) Thence South 64 degrees 44 minutes 30 seconds West, 50.00 feet to a point; (2) Thence on a curve to the right having a radius of 70.00 feet and a length of 53.48 feet to a point; (3) Thence North 71 degrees 28 minutes 21 seconds West, 82.50 feet to a point; (4) Thence on a curve to the left having a radius of 20.00 feet and a length of 15.07 feet to a point on the easterly line of land now or formerly of Pung; THENCE northerly along the easterly line of said land North 24 degrees 38 minutes 50 seconds West, 50.00 feet to an iron pipe and the southerly line of Lot 2 of said map; THENCE easterly through Lot 3 of said map on a curve to the right having a radius of 70.00 feet and a length of 52.75 feet to a point; THENCE South 71 degrees 28 minutes 21 seconds East, 82.50 feet to a point; THENCE on a curve to the left having a radius of 20 feet and a length of 15.27 feet to an iron pipe and the land now or formerly of Lademann; THENCE along the southerly line of said land North 64 degrees 44 minutes 30 seconds East, 190.00 feet to an iron pipe along the westerly line of Harbor Lane and the point or place of BEGINNING; DECLARANT does hereby further warrant, covenant and represent that the foregoing Amendment to the Declaration of Covenants and Restrictions shall bind the Declarant, his heirs, successors and assigns, and any and all persons who shall succeed to the ownership of said land or any part thereof by transfer or otherwise. 11922 987 - 3 - IN WITNESS WHEREOF, the Declarant executes this Amendment to Declaration of Covenants and Restrictions the day and year first written above. Robert J.~roge ~ State of New York County of Suffolk On this*~'~-- ay of ~ , 1998, before me came Robert J. Droge, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. STATE OF NEW YORK COUNTY OF SUFFOLK SS: I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HERESY CERTIFY/HAT I HAVE COMPARED THE ANNEXED COPY OF _ ~ DEEDLIBER //~'~ ATPAGE ~'o°7 RECORDED /~) /5 ~ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTYAND COURTTHIS ,/.~t"~-DAY OF ~TcO~c-C 199g' CLERK iNFORMATION IN REGARD TO APPROVED SUBDIVISION Name of subdivision SCTM# 1000- Subdivision approved by Planning Board on Subdivision filed in Suffolk County Clerk's Office Zone at time of approval Current zone Clustered subdivision: Yes No Covenants and Restrictions filed for subdivision: Date zone verified Building envelopes shown for individual lots: if No, set-backs for all lots within subdivision: Front Rear Side yard_ Yes No (see below/attached for details) Yes No Comments: MAJOR SUBDIVISION Complete application received Yield map received Application reviewed at work session Applicant advised of necessary revisions Revised submission received Sketch plan approval -with conditions Lead Agency Coordination SEORA determination Preliminary maps received Preliminary maps reviewed at work session -revisions Road profiles/drainage submitted -revisions Road profiles/drainage reviewed be Engineer Sent to County Planning Commission Receipt of County Planning Report Review of SCPC report Preliminary hearing Preliminary approval -with conditions Sent to Fire Commissioner Receipt of firewell location Notification to applicant to include on final map Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Bond estimate submitted Bond adopted by PB Bond adopted by TB Payment of bond Payment of inspection fee Determination of park & playground fee ?arlr & playground fee adopted by TB Payment of park & playground fee Open Space documents Documents reviewed bY TA Receipt of mylars and paper prints with Health approval Final Public Hearing be~fiu~]l~ Appr.oval of subdivision -with conditions Endorsement of subdivision APPLICATION FOR APPROVAL OF PLAT To the Planning Board of tile Town of Southold: The undersigned applicant hereby applies for (l*e~R~¢~ (final) approva I~0UlHOLD 10W~ IN~.NNING BOARD . accordance xvith Article 16 of the To~vn Laxv and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ...H.a..r.b..o.r...P.~.r.k...H.o..m.e..s .......................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Snffolk County Clerk's office as follows: Liber ...4.9..6.4. ................ Page ...... }.6..3 ............ On . .lyl. a..r.o..h..2..7.,...1.~.6.1... ~...8.3..2.1. ................ ~t~rt~ ...... .4.34... ~ O¢~,ober 7, 1~977 ~ ~hY~ ~ >gg~l ~xflm ~a~ ~ X~I~ xa~tl X'Bo~ ~ }r ~It ....................................... 5. The area of the land is ....9... 9.4. ......... acres. 6. All taxes which are liens on the land at the date hereof have been paid .'~.xa~ll~ ............ 7. The land is/encumbered by ..&n~ .......................................................... mortgage (85~ ae~lll~: 8. There are no other encumbrances or liens agaiost the land :~.~X ........................ 9. The land lies in the following zoning nsc districts . .Lg~.....D~..r~...i.Lx...1~..s.i.d..e~..'gj..a.k...(.R. qS..0)... ?.*..s.z.ap.n..%a.!. ............................................... 10. No part of the land lies under water xvhether tide xvater, stream, pond ;vater or other;vise,~- 11. The applicant shall at his expense install all reqnired public improvements. 12. The land (~k~x) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ..... ~[.~. ............................................... ? .... 13%ater mains will be laid by . .aPP]:.i.qgg'3..~c ............................................... 14./Electric lines and standards xvill be installed by . .a.[:~].. j_.c..aB.'¢;..e.x. Jr.s.tj-.n.q..hi-.1..cA?..s..o.~...i.qo. No 15. ~;as mains ;viii be installed by . .aPlql..i.e..a-q.L. ................................................ 16. If streets shown on the plat are claimed bv the applicant to be existing- puhlic streets in the Suffolk County Highway system, annex' Schedule "B" hereto, to show same. N/A 17. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highxvay svstetn, annex Schedule "C" hereto to show satne. Ha.rDor Lone shown on map of R(Sderxck' Van Tuyl, P.C. dated June 20, 1991. 18. There are no existing buildings or structures ou the land which are not located aud shown on the plat. 19. Where the plat shows proposed streets which are exteusions of streets ou adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjnuctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required puhlic improvements will be $.. T.QT .... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ....'~ 9.'-. ...... years. The Performance Bond will he written by a licensed surety company unless otherwise shown on Schedule "F". DATE~ Novem~ber lliam Or low/ki Lorraine Orlowski DALCHET CORPORAT I.O..N ................... (Name of Applicant) ,, ~ ' ' ' -7 ..... r~ter Orlowski, Preslae (Signature ama lltle)'--ax~o p.e~u~..sh Avenue, Cutc...h~u..e, New York 11935 'Address) NEW JERSEY STATE OF I~3%~,COUNTY OF. Morr.%$ ...................... ss: On the ~ .......... day of....N.°.¥.e-m-b.e. ~' ................ 19'9''1 .... before me personally~ came .W~..L~...L~....o~.K~...&...L~..~ .Q~.I~... to me known to be the individnal~described in and who executed the foregoing instrument, and acknowledged that ...t..h.e.~; .... executed the same. .j;r A_ "-.'lic MARIA VELASCO lX{/ot~t'y ~'uo NOTARY PUBLIC OF NEW JERSEY My Commmmon Expires September 6, ~996 STATE OF NEW YORK, COUNTY OF .,..S.U..F.t~Q~K. ............. ss: On the . ..4th ......... day ............ of NOven)be,l~ .... 19'9''1 .... before me personally came Chester Orlows,k.~- ..................... to me known, who heing by me duly sworn did de- pose and say that ....he. ...... resides at 1ti1S. !.ng..~.!. ~.-*eSld~. · .s.h- .A..v.e.n.u.~.,..C~..t~c..h..oc~l..e. :...N~.w...Y.o.r.k.., that he is the President .................. of .... p.A..L.C..H.E.T...C. 9.R..P .O..RA.~ .I.O..N ........................................... the corporation described in and which executed the foregoing instrnment; that ... he ...... knows the seal of said corporation; that the seal affixed hy order o[ the hoard of directors of said corporation. and that .. · he ...... signed . ...his ...... name thereto by like order. Notary Public Cee~tesm. F~ O~t~' 31. lOgO ......................... ~' ......................... (G %.G~ ~ e, f APPLICATION FOR APPROVAL OF PL l N0¥ ..... 991 To the Planning Board of the Town of Southold: ~M~ The undersigned applicant hereby applies for (~.~ (final)ap~~-t S001HOLDIOWhl accordance with Article 16 of the Town Law and the Rules and Re ulati the Southold Towu Planmng Board, and represents and states as foll o~vs: g ons of ---~ ...... 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. Tbe name of the subdivision is to be Harbor Park Homes The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed sUggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as folloxvs: Liber 4964 ~ ........................ Page .... .3.63 ........ On March 27~ .],~.6.]~..; ...8.3..2.% ................ ~ ...... .4.~,1 ............ ~O~ .0.C~:.qb.~.~; 7, 1,9.77: The area of the land is 9.04 acres. All taxes which are liens on the land at the date hereof have been paid ~x~/nr. ............ he land isr~encumbered by . .an.3( mortgage ~0~ ................ ~ .............. ~iga~ ~a~m~ $ .................... · . ~a~, ...................... ...................... ,:k[(2~I~,~:.~ ......................................................... 8. There are no other encumbrances or liens agaiust the land ~--x~x ........................ 9. The land lies in the following zoning use districts ..L~.. Densi.t~. Resi~9.t~a.1 ..a~.....I~....D~q~...1.'.ty. Residential (R-40) 10. No part of the land lles under water xvhether tide water, stream, pond water or otherwise,~. 11. The applicant shall at his expense install all reqnired public improvements. 12. The land (a:io~) (does not) lie in a Water District or Water Supply District. Name of Dis- trier, if within a District, is ..... N.[~ .................... 13.l~Water mains will be laid by ........................... ! ..... · .a~.Z. icant ma~ ~xx ~:~x~o~x~xm~mm~:~~ ........................... 14./Electric lines and standards xvill be installed by . ~o,~l,i.C.c~.i ..e~.j:.st.i_rlg .I~.'.lc~o sex-'vice .................................... m~x F'~ xx ~;:~ ~'~": ~a~ "~ ~ · 15. ~;as mains will be installed by . .app..1. i. . .c~t]..t. ..................... m~x~(~x ~m~x~t ~xm~m~x~m~ ........................... 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. N/A 17. If streets shown on the plat are claimed by the applicant to be existing publle streets ' To~vn of Southold High~vay system, annex Schedule "C" I m the shown on map of Rckterlc~ Van Tuyl, ...... mreto to show same. Harbor ~.~. aacea Jcme 20, 1991. Lane as 18. There are no existing buildings or structures tile land which are not located and shoxvn on the plat. on 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are uo reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of tile Real Property Law. 21. Submit a copy of proposed deed for lots showi:~- all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public in]provements will be $. · .".07 .... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .... ';'0'U ...... years. The Performauce Bond will be written by a licensed surety company unless otherwise shown on Schednle "F". .DATE~.N..°.v.e.m~.er 4 , 1991 DALCHET CORPORATION . (Name of Applicant) (Signature and Title) Chester Orlon; President 'l?'eq3~"s"h 'A'v.-e)3-ue, cut.c...him~qe..~, New York 11935 (Address) ............................... NEW JERSEY STATE OF On the ..~ ............... day of....N, ovember ........................ , 199~l . before me · ' '" personally~ came .W~..L~.../.~...0...1~....K~...&...LQ...~.0RLOWSKI to ,,e koow, to be the indivldua!Sdescribed in and who executed the foregoing instrument, and acknowledg-ed that they · executed the same. l~bt~fy Pug i; ............ MARIA VELASco ': ' NOTARY PUBLIC OF NEW JERS~'~ My Commission Expires September 6. ~996 STATE OF NEW YORK, COUNTY OF . .S. UFFQ~K On the ...4th ......... day ............ of NQve~b~.r.. 19 91 before me personally came Chester Orlowski '" ....... .......................... to me known, wbo being by me duly SWorn did de- pose and say that . ..~.~ ...... resides at l~j. (no #) .P..~.. sh AVenue~ Cutchogue~ New York ................................. that ...... he · i th Pr sident .................. of' .... D.A..L.C..H.E.T' .C..O2p.O. RAT ~ON tile corporation described in and which executed the foregoing instrument; that . .. h~ ..... knoxvs the seal of said corporation; that the seal affixed by order of the boar¢ of d rectors . ,LUd that he ...... s gned h;LB of sa d corporation. · '" ~"' · ..... name thereto by like order. Notar ................... a~ Public Appendix A SEQ State Environmental Quality Review ~ "FULL ENVIRONMENTAL ASSESSMENTt Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, J or action may be significant. The question of whether an action may whet-~'~'~project be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureabJe. significance may have little or no formal knowledge It is also understood that those who determine of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full E^F is intended to provide a method whereby applicants and agencies can be assured that the determination process bas been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. ~ DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions ' Identify the Portions of EAF completed for this project: ~ Part 1 ~] Part 2 []Part 3 Upon review of the information recorded on this EAF [Parts I and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact[s) and, therefore, is one which wiU not have a.significant tm.pact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted · . . AChon because the m~t~gation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will he prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. · A Conditioned Negative Declaration is only valid for Unlisted Actions HARBOR PARK HOMEs Name of Action-- ,C Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) NOvember:. 4 .~l19ql__________ ~ ~)ate 1 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe on the environment~. Plea~ complete the entire form, Parts A through E. Answers to these questions will be considen as part of the applicatio~n for approval and may be sub)ect to further verification and public review. Provide any addition information you be/r~,~'~,il[ be needed to complete Parts 2 and 3. It is expected that completion of the full E^F will be dependent on information currently available and will not invoh new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and speci each instance, NAME OF ACTION Harbor Park Homes LOCATION OF ACTION (~nclude Street Address, Municipality and County) Harbor Lane, Cutcho~ue, New York NAME OF APPLICANT/SPONSOR Dalchet Corporation, William Orlowski and Lorraine Orlowski BUSINESS TELEPHONE (516) 734-6782 ADDRESS Pequash Avenue, CutchOque, New York 11935 CITY/PO STATE ZiP CODE Cutchogue NY 11935 NAME OF OWNER (If different) N/A BUSINESS TELEPHONE ( ) N/A ADDRESS CITY/PO STATE_ I ZiP_coDE DESCRIPTION OF ACTION Subdivision of 9.04 acres into five building lots on the southwesterly side of Harbor Lane, Cutchogue, New York (Suffolk County Tax Map NO. District 1000, Section 097.00, Block 06.00, Lot 017.000 and District 1000, Section 103.00, Block 01.00, Lots 020.005 and 020.006). Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: f-lUrban Cllndustrial []Forest []Agriculture 2. Total acreage of project area: 9.04 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres 0 acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pastur:e, etc.) 9.04 acres 0 acres Wetland (Freshwater or tidal as per Articles 24, 2.5 of ECL) .. 0 acres 0 acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth or fill) 0 acres . 0 acres Roads, buildings and other paved surfaces 0 acres 0 acres Other (Indicate type). 0 acres 0 acres 3. What iq predominant soil type(s) on project site? [Commercial [3Other toDsoil []Residential (suburban) r-IRural (non-farn am Sod drainage: r~Welldrained 100 % of site []Moderately well drained 96 of site [~Poorly drained % of site b.If any agricultural land is involved, how many acres of soil are classified within soil group Land Classification System? 9.0 4 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site~ [3Yes IX)No a. What is depth to bedrock? N/A {in feet) 5. Approximate percentage of proposed prolect site with slopes: ~]0-10% 0 o, D10-15% _ % [~15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? DYes ~]No ~"'. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? r-lyes ~]No 8. What is the depth of the water table? 40 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? DYes ~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the proiect area? [-]Yes I~lNo ., 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I'lYes R1No According to N/A ' Identify each species ~/A 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) I--lYes ~No Describe .. 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? [-]Yes [~No If yes, explain N/A 14. Does the present site include scenic views known to be important to the community~ DYes [~No ' 15. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary N/A 16. Lakes; ponds, wetland areas within or contiguous to project area: a. Name N/A b. Size (In acres) N/A 17. Is the site served by existing public ut ties? [~'Yes DNo a} If Yes, does sufficient capacity exist to allow connection? [~Yes [No b) If Yes, will improvements be necessary to allow connection? []Yes I~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [Yes 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 []Yes ~]No 20.Has the site ever been used for the disposal of solid or hazardous wastes? [Yes ~No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. ¥ota[ contiguous acreage owned or controlled by. project sponsor 9.04 acres· b. Project acreage to be developed: 9.04 _ acres initially; 9.04 acres ultimately. c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A .%; f. Number of off-street parking spaces existing N/A ; proposed _ g. Maximum vehicular trips generated per hour _ 5 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Famdy Multiple Family Condominium Initially 5 0 0 0 Ultimately 5 0 0 0 i. Dimensions (in feet) of largest proposed structure 35 height; 30 w dth: 60 length. j. Linear feet of frontage along a public thoroughfare project wdl occupy is? 703~...~, ft. 3 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 0 tons/cubic yar.d~. 3. Will disturbed areas be reclaimed? E]Yes ~lNo ~N/A a. If yes, for what intended purpose is the site being reclaimed? N/A b. Will topsoil be stockpiled for reclamation? l-lYes E~No c. Will upper subsoil be stockpiled for reclamation? [~Yes [~No 4. How many acres of vegetation {trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? F-lYes []No 6. If single phase project: Anticipated period of construction 0 7. If multi-phased: N/A a. Total number of phases anticipated b. ,Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? []Yes P~No 9. Number of jobs generated: during construction (~ 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? [number). month month i-lyes months, (including demolition). E3No year, (including demolition). year. ; after project is complete 0 E3Yes ~]No If yes, explain 12. Is surface liquid waste disposal involved? ~lYes I~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? I-lyes [~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain N/A 15. Is project or any portion of project located in a 100 year flood plain? 16. Will the project generate solid waste? [~Yes ~]No a. If yes, what is the amount per month tons b. tf yes, will an existing solid waste facility be used? r-lYes I~No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain N/A _ N/A N/A ~]Yes [~No OYes [~No ~Yes l-INo 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what ii the anticipated site life? 18. Will project use herbicides or pesticides? E]Yes E3Yes g3No tons/month years. [~No 19. Will project routinely produce odors (more than one hour per day)? [Yes [~No 20. Will project produce operating noise exceeding the local ambient noise levels? r-lYes [2[No 21, Will project result in an increase in energy use? [~Yes I'-INo If yes , indicate type(s) Lilco 22. If water supply is from wells, indicate pumping capacity 20 gallons/minute. 23. Total anticipated water usage per day 200 gallons/day. 24. Does project involve Local, State or Federal funding? I-lYes P~No If Yes, expla,n 4 ~5. Approvals Required: City, Town, Village Board fqYes U1No City, Town, Village Planning Board Z]Yes I-1No City, Town Zoning Board IqYes ~No City, County Health Department ]~Yes fqNo Other Local Agencies EYes ~]No Other Regional Agencies I--lYes ~No State Agencies EYes E3No Federal Agencies OYes k'lNo Type Ma~or Subdivision Article 6 C. Zoning and Planning Information I. Does proposed action involve a planning or zoning decision? IKIYes I-]No If Yes, indicate decision required: [~zoning amendment [~zoning variance [2]special use permit [3~subdivision [2]site pla [~new/revision of master plan F~resource management plan I-Iother 2. What is the zoning classification(s)of the site? LOW Dens±ty Res±dential (P,-80)_& Low Residential (Rr40) 3. What is the maximum potential development of the site itdev~lopecl as permitted by the present zonin: Five one-family dwellings 4. What is the proposed zoning of the site? Low Density Residential (R-80) & Low De~ Residential ~-4U) 5. What is the maximum potential development of the site if developed as permitted by the proposed zoni Five one-family dwellings 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~]Ye' 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed act single family residences; R-40 8. Is the proposed action compatible with adjoining/surrounding land uses within a ¼ mile? ~]Ye; 9. If the proposed action is the subdivision of land, how many lots are proposed? 5 a. What is the minimum lot size proposed? ~73,~904 sq. ft. 10. Will proposed action require any authorization(s) for the formation of sewer or water districts~ I~Yes il. Will the proposed action create a demand for any community provided services {recreation, educatic fire protection)? ][]Yes [~No a. If yes, is existing capacity sufficient to handle projected demand? ~]Yes fqNo i2. Will the proposed action result in the generation of traffic significantly above present levels? [2]Yes a. If yes, is the existing road network adequate to handle the additional traffic? I-lYes ]. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be an ~pacts associated with your proposal, please discuss such impacts and the measures which you propose to n void them. Verification I certify that the information provided above is true to the best of my knowledge. ppbcant/$P'°~"~Ot Name Dalchet"C°rD°rati°n .'' ' Date 11/4/9 lh, e a~tion ilk~'~'~flS ,h~ C~tal~a. and you area (tale a thi~ asse~n~ / - . s~-~r .... ~qt~,e me toasla; A~ment Form befo[e pr Willi~ ~l~ki ~a~e Orl~ki ' art2--PROJECTIMPACTSANL tHEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determina reasonable.~ The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact wdl be potentially large (column 2) does not mean that it is also necessarily si.- Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in colum, asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the th magnitude that would trigger a response in column 2. The examples are generally applicable throughout the for most situations. But, for any specific project or site other examples and/or lower thresholds may be ai for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illust, have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer eac[ · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential s impa.ct, If impact threshold equals or exqeeds any example provided, check column 2. If impact will occur but is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed t. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to impact, also check the Yes box in column 3. A No response indicates that such a reduction is not pos~ must be explained in Part 3. IMPACT ON LAND . Will the proposed action result in a physical change to the project site? I~NO rJYES Examples that would apply to cblumn 2 Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. Construction on land where the depth to the water table is less than 3 feet. Construction of paved parking a~'ea for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Construction or expansion of a sanitary landfill. Construction in a designated floodway. Other impacts · Will there be an effect t:...,,y uri,que or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)i~NO [:]YES Speci!ic land forms: 6 I 2 Small to Potential Can I~ Moderate Large Mitig Impact Impact Projec [] [] I-lYes [] [] []Yes ~] [] ~lYes [] [] []Yes [] [] []Yes [] [] []Yes [] [] ~]Yes [] [] [~Yes [] [] []Yes IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) [~NO [:]YES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? ~NO I-lYES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? ~NO I-lYES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells With greater than 45 gal]ohs per minute pumping capacitf. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cau:,e siltation or other discharge into an existing body of waC. er to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical products greater than '1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates COmmercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? :~] NO OYES Examples that would apply to column 2 '~ Prop(~'~ed Action would change flood water flows. 7 1 Small to Moderate Impact 2 Potential Large Impact [] [] E3¥es [] [] [~]Yes [] [] [:3Yes [] [] ~Yes [] [] ~Yes [] [] ~Yes [] [] E3Yes ~ [] ~Yes [] [] [=]Yes [] [] ~3Y~s [] [] ~Yes [] ~3Yes [] [::]Yes [] FqYes [] ~Yes [] ~ Yes ~Yes ~Yes ~Yes ~Yes 3 Can Impact Be_ Mitigated By Project Chang,-_ [::]No E:]~o I--INo I--INo I--INo I-]No r--INo I-]No J-'l No I--INo I'-lNo r--INo [-INo F-1N~ [=]No [--INo l-~No [:]No [:]No [:]No ~No ' Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? ][]NO OYES Examples that would apply to column 2 ' · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than I ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industria~ use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ONPLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? L~NO [3YES Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: Will Proposed Action substantially affect non-threatened or non-endangered species? []]NO [:]YES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural hand resources? []NO [:]YES Examples that would apply to column 2 Yhe proposed action would sever, cross or limit access to agricultural ',and (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 1 Small to Moderate Impact [] [] [] [] [] [] [] [] 2 3 Potential C~n Impact Be Large Mitigated By Impact Project Change [] Yes [] []Yes I'-IN( [] []Yes []No [] I--lYes []No [] []Yes- I-'l No [] []Yes I-IN• [] OYes []No [] OYes []No [] []Yes FIN• [] FiYes I'/No [] []Yes []No [] []Yes []No [] []Yes []No [] []Yes []No [] OYes •No [] []Yes •No [] [~Yes I~No · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? I~NO E3YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? [~NO E3YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 [~NO l-lYES ~ The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: I 2 3 Small to Potenti~.l Can Impact Be Moderate Large Mitiga~ted By Impact Impact Project Change [] [] [-[Yes i--]No [] [] I-lYes i'-lNo [] [] I-lYes i--INo [] [] I-]Yes [-INo [] [] r-]Yes [-]No [] [] [-]Yes r~No [] [] I-lYes [-'I No [] [] [-]Yes I--]No [] [] ~]Yes I--]No [] [] I~yes r-]No [] [] [~Yes [~No [] [] I~lYes ' [::]No' [] [] I~Yes ~]No [] [] r-lyes E]JNo [] [] [~Yes I~]No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? Examples that would al~ply to column 2 ~NO [:]YES ·Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: __ IMPACT ON ENERGY 15. Will proposed action affect the COmmunity's sources of fuel or energy supply;~ Examples that would apply to column 2 ~NO [YES · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major COmmercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? Examples that would apply to column 2 ~NO []YES · Blasting within 1,500 feet of a hosp tal school or other sensitive facility. ' · Odors will occur routinely (more than ~)ne hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. ' Other impacts: IMPACT ON PUBLIC HEALTH 7 Will Proposed Action affect public health and safety? r~NO [YES Examples that would apply to column 2 Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiat on, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial of "hazardous wa " stes in any form [i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. Proposed action may result in the excavation or'other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous *vaste. Other impacts: 10 1 Small to Impact 2 Potential Large Impact Impact Be Mitigated By Project Change [~Yes ~]Yes l~]No [-'~Yes [No ~]Yes [~Yes l~]No [] Yes [] No [Yes [~]No [~Yes [~No [:]Yes [~No [Yes f-~No ~]Yes [~]No [:]Yes ~]No [:]Yes I'-]N o []Yes ~]NO [~Yes [~No C IMPACT ON GROWTH AND CHARACTER Will proposed action affect the character of the existing COmmun ty? {~18. OF COMMUNITY OR NEIGHRORHOOD EXamples that Would apply to column 2 ~]~NO · The permanent population of the city, tOwn or ViUage in which the project is lOCated is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than'5% per year as a result of this project· · Proposed action will Conflict with officially adopted plans or goals· ·Proposed action will cause a · change in the density of land use. Proposed ACtion ',viii replace or eliminate existing facilities, structures or areas of historic importance to the COmmunity, · Development will create a demand for additional COmmunity Services (e.§. SChools, police and fire, etc.) · PrOposed Action will set an important precedent for future proiects· · Proposed Action will create or eliminate employment· · Other impacts:_ 1 2 Sma/'l to Potential Moderate Large Impact Impact 3 Impact F Mitigated B) Project Chant ~]Yes '[~No []]Yes []]No ~Yes []]No []]Yes ~No /]]Yes [/No 19. Is there, or is there likely to be, public controversy related to pOtential adverse environmental impacts? If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 []]Yes []]No []]Yes []]No OYes []]No Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTs Responsibility of Lead Agency Part 3 must be prepared if one more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated, or Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact· 2. Describe (if applicable) how the impact could · · 3. Based on the information available, decide if it is reasonable to Conclude that this impact is importanL To answer the question of importance, COnsider: · The duration of the impact · /ts irreversibil ty including permanently lost resources of value · Whether the impact Can or will be COntrolled · The regional COnsequence of the impact · Its pOtential divergence from local needs and goals · Whether knOwn Objections to the project relate to this impact· (Continue on attachmentsl 11 (_ 617.21 Appendix B SEQR Slate Environmental Quality Review __ Visual EAF Addendum This form may be used to provide additional information relating to Question ! ! of Part 2 of the Full EAF. (To be completed by Lead Agency) Visibility Distance Between Project and Resource (in i'4iles) 1. Would the project be visible from: O. V4 ~A.V2 i/2.3 3.5 5+ · A parcel of land which is dedicated to and available [] [] [] [] [] to the public for the use, enjoyment and appreciation of natural or man-made Scenic qualities? · An Overlook or parcel of land dedicated to public [] [] [] [] [] Observation, enjoyment and appreciation of natural or man-made SCenic qualities? · A site or structure listed on the National or State [] Registers of Historic Places? [] [] [] [] · State Parks? · The State Forest Preserve? [] [] [] [] [] National Wildlife Refuges and state game refuges? [] [] [] [] [] · National Natural Landmarks and other outstanding [] [] [] [] [] natural features? · National Park Ser~)ice lands? Rivers designated as National or State Wild, Scenic [] [] [] [] [] or Recreational? · Any transportation Forridor of high exposure, such [] [] as part of the Interstate System, or Amtrak? [] [] [] · A governmentally established or designated interstate [] [] or inter-county foot trail, or One formally proposed for [] [] [] establishment or designation? · A site, area, lake, reservoir or highway designated as [] [] [] [] [] scenic2 · Municipal park, or designated open space? · County road? [] [] [] [] [] · State? [] [] [] [] [] · Local road? [] [] [] [] 2. Is the visibility of the project seasona 3 ti ~ . [] [] [] [] ~" [] seasons) · ~ ~., screened by SUmmer foliage, but visible during Other []Yes []No 3. Are any of the resources checked in question i used by the public during the time of year during which the project will be visible? []Yes []No DESCRIPTION OF EXISTING VISUAL ENVIRONMENT . 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within · 1/4 mile '1 mile Essentially undeveloped [] [] Forested [] [] Agricultural [] [] Suburban residential [] [] Industrial [] [] Commercial [] [] (.lrban [] ~ [] River, Lake, Pond [] [] Cliffs, Overlooks [] [] Designated Open Space [] [] Hi.y [] [] Mountainous [] [] Other NOTE: add attachments as needed 5. Are there visually similar projects within: · 1/2 mile i--lYes [~]No · 1 miles [--]Yes ['-~ No · 2 miles I~Yes []No '3 miles '[]Yes [-]No * Distance from project site are provided for assistance. Substitute other distances as appropriate EXPOSURE 6. The annual number bf viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. Thesituati°n°ractivityinwhichtheviewersareengaged whileviewingtheproposedactionis FREQUENCY Activity Travel to and from work Involved in recreational activities Routine travel by residents At a residence At worksite Other _ Holidays/ Daily Weekly Weekends Seasonally November 4, 1991 Southold Town Planning Board Town Hall Southold, New York 11971 RE: Major Subdivision for Harbor Park Homes Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: 1. No grading, other than foundation excavation for a residential building is proposed. 2. No new roads are proposed and no changes will be made in the grades of the existing roads. 3. No new drainage structures or alteration of existing structures are proposed. Very truly yours, DALCHET CORPORATION William Orlowski Lorraine Orlowski Robert J. Droge 112 Wedgewood Drive Coram, NY 11727 516-331-6464 Certified Mail Number Z 566 133 859 October 22, 1998 Ms. Melissa Sprio Southold Planning Board 53095 Main Road Southold, NY 11971-0959 IN RE: Recorded copies of Certificate of Correction and Amendment to Declaration of Covenants & Restrictions 2020 Harbor L~ne, Cutchogue Tax Map # 1000-103-1-20.010 Dear Ms. Spiro: Pursuant to a telephone message on October 21 from Martha in your office, enclosed please find the original Certificate of Correction and Amendment to Declaration of Covenants and Restrictions which were both filed in the Suffolk County Clerk's Office on October 15, 1998. I do not need the copies I originally sent to you. I have made additional copies for my records. Please destroy or discard them. I believe this concludes this matter. I want to thank you for all your assistance. Sincerely yours, Encl. 1998 Southoid Town Planning Board Robert J. Droge 112 Wedgewood Drive Coram, NY 11727 516-331-6464 October 19, 1998 Ms. Melissa Sprio Southold Planning Board 53095 Main Road Southold, NY 11971-0959 IN RE: Recorded copies of Certificate of Correction and Amendment to Declaration of Covenants & Restrictions 2020 Harbor Lane, Cutchogue Tax Map # 1000-103-1-20.010 Dear Ms. Spiro: Enclosed please find copies of the Certificate of Correction and Amendment to Declaration of Covenants and Restrictions which were both filed in the Suffolk County Clerk's Office on October 15, 1998. I believe this concludes this matter. for all your assistance. I want to thank you Sincerely yours, Encl. OCT 0 Southold Town Planning Board TORRENS C~k~ SUFFOLK COUNTY Cmificate ~ ~ior Cfi. ~ ~d / Momgage Ins~ent ~d / Momgage T~ Stump R~or~ng / Filing S~pa 4 ] FEES Page / Filing Fee [ ~. ____ Momgage Amt. · __ H~dling ~. 1. B~ic Tax ~-584 ' 2. Addifion~ T~ · _ Nom~on Sub Toml EA-5217 (County) ~ Sub Total ,~ ~ S~./Assit. or EA-5217 (State)~ S~./Add. Du~ Town Comm. of Ed. 5 . Affi~vit Cenifi~ Copy ~e pro~ny covered by ~is mo~age ia or , will be improved by a one or two family · ~ ~ ~ dwelling only. Reg. Copy Sub To~--~-- · YES __ or NO O~er GRAND TOTAL~ · of ~is Ms~ment. x~[[~, Real Property Tax Service Agency Verification 6 Title Company Informtion D~O, OlO In~ ~ [ 8 [ ~E PAID BY: Il Payer s~e ~ R & R _ Il ~ ~C~OC~ PK (orifdiffemnt> N ~[ ~DRESS: RECORD & RETURN TO 7 (ADDRESS) ~ Suffolk County Recording & Endorsement Page ~is page fo~s made by: ~ ~ ~e premises herein is situated in SU~OL< COUmY, S~W YOUr. TO In M ~e V~LAGE or H~ET of BOXES 5 THRU 9 MUST BE TYPED OR PRI~D IN BLACK INK O~Y P~OR TO ~CO~ING OR F~G. CERTIFICATE OF CORRECTIO~ Surveyor: Name of Map: Location: Owner: Correction: Executed: Joseph A. Ingegno, N.Y.S. Land Surveyor P.O. Box 1931 Riverhead, NY 11901 Lic. No. 49668 "Map of Harbor Park Homes" Filed November 22, 1994 File No. 9602 Town of Southold Suffolk County Tax Map Designation 1000-103-01-20.10 Robert J. Droge 112 Wedgewood Drive Coram, New York 11727-1215 Reroute the dedicated right of way as shown on the signed and sealed survey and as more fully describe~ on Exhibit "A", both of which are attache/~her~etg- Lis. No. 49668 S~a~ of Ne/York County of Suffolk On ~f~ ~ , 1998, before me came Joseph A. Ingegno, to me known to be the individual described in and who executed the foregoing instrument who duly acknowledged to me that he executed the same. STATE OF NE'~N YORK SS.: County of Suffolk I, EDWARD P. ROMAINE, ClerkoftheCountyofSuffolkandClerkoftheSupremeCourtoftheState of New York in and for said County (said Court being a Court of Rec_qrd DO HEREBY CERTIFY that I havecomparedtheannexedcopyof //~.~... /~.,~ and that it is a just and true copy of such original ~"~'r"/7'~'C~z~ ~ ~ol"r'-,~ c~'~,~and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this /.~ dayof O~4~D ~- 19~t~, .~~ Clerk. Form No. 104 State of New York County of Suffolk On ~/~ ~ ~ ~, 1998, before me came JOSEPH A. INGEGNO, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. Notary t~ubl ic State of New York County of Suffolk On~_.~ q , 1998, before me came BENNETT ORLOWSKI, J__r., to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. Notary Public V RIGHT OF WAY EASEMENT ALL that certaln'plot,' ~iece or parcel of land, situate, lying and being aT'Cl~ehogue, Town of Southold, County of Suffolk and State of New York, being part of Lot 3, Subdivislon Map of Harbor Park Homes, filed in the office oftbe Clerk of Suffolk County on November 22, 1994 as File No. 9602, being more particularly bounded and described as follows: BEGINNING at an iron pipe along the westerly line of Harbor Lane at the northeast corner of Lot 3 of said map; THENCE southerly along the westerly line of Harbor Lane South 25 degrees 15 minutes 30 seconds East, 50.00 feet to an iron pipe and the land now or formerly of Dobek; THENCE westerly along the northerly line of said land South 64 degrees 44 minutes 30 seconds West, 140.00 feet to an iron pipe; THENCE through Lot 3 of said map the following four courses and distances: (1) Thence South 64 degrees 44 minutes 30 seconds West, 50.00 feet to a point; (2) Thence on a curve to the right having a radius of 70.00 feet and a length of 53.48 feet to a point; (3) Thence North 71 degrees 28 minutes 21 seconds West, 82.50 feet to a point; (4) Thence oM a curve to the lel~ having a radius of 20.00 feet and a length of 15.07 feet to a point on the easterly line of land now or formerly of Pung; THENCE northerly along the easterly line of said land North 24 degrees 38 minutes 50 seconds West, 50.00 feet to an iron pipe and the southerly line of Lot 2 of said map; THENCE easterly through Lot 3 of said map on a curve to the right having a radius of 70.00 feet and a length of 52.75 feet to a point; THENCE South 71 degrees 28 minutes 21 seconds East, 82.50 feet to a point; THENCE on a curve to the left having a radius of 20.00 feet and a length of 15.27 feet to an iron pipe and the land now or formerly of Lademann; THENCE along the southerly line of said land North 64 degrees 44 minut,..s 30 seconds East, 190.00 feet to an iron pipe along the westerly line of Harbor Lane and the point or place of BEGINNING. Joseph A. k~gegno LOT 3 HAF~BOR P~,~{K HOMES CUTCHO~UE ;~1~22~987 IT 121 Number of pages TORRENS ~ '~: 'l"(F'i;i~q OF Serial ~ ~ Certificate ~ ~ior Cfi. ~ D~d / Mortgage Ins~ent D~d / Moagage T~ Stump R~or~ng / Filing S~ps 41 FEES Page / Filing Fee [ '~-'-~ Me,gage Amt. H~dling ~ 1. B~ic Tax ~-584 2. Addition~ T~ Nomdon . ~O Sub Total EA-5217 (Ccunty) __ Sub Total / ~ ~ S~./AssiL or EA-5217 (State) S~./Add. R.P.T.S.A. TOT. ~G. TAX z Comm. of Ed. 5 . ~ : Held for Ap~ffionment Affidavit · * *~ Transfer T~ Cenifi~ Copy ~ ~ ~ M~sion Tax ~ ~e pro~ny covered by ~is me,gage is or Reg. Copy~9 ~ will be improved by a one or two family Sub To~ '~~ dwelling only. O~er ~ ~_ YES GRAND TOTAL'[ / . ~ ~ ~ of this insmment. ~J T~z~ Real Property Tax Service Agency Verification 6 Title Company Information ~!'..~:x~:~.x~ ~,..~ ~ Dist. Section Block Lot ~X~'D~~R~, ~ '~)? /~ ,/~ ~/~ ~O. D/O Company Nme Title Numar I' Is ~ % ~ ~E PAID BY: :l I/ >7 ilS :<orifdiffemnt) RECORD & RETURN TO 1 7(ADDRESS) / 9Suffolk County Recording & Endorsement Page ~ispage fo~spaaofmeatmched ,~e-~e~ ~ ~(~0~ ~ Cw~ madeby: ~6D~'~] ~- ~Zt~ (SPECIFY TYPE OF INSTRUME~) ~C premises heroin is situated in su~o~ cou~y, ~w vo~. TO In ~e Tow~hi~ of .~ ~0'~ · In ~e V~LAGE or H~LET of BOXES 5 THRU 9 ~ST BE TYPED OR PROD ~ BLACK ~K O~Y PRIOR TO RECORDING OR F~G. Planning Board Town of Southold Main Rd. Southold, NY 11971 William and Mafia Golde P.O. Box 604 Cutchogue, NY 11935 (631) 765-5407 July 26, 2000 To the Board, We are writing in reference to our property in Cutchogue, Lot 3, Harbor Park Homes, on Harbor Lane. We have applied for and received a building permit and are ready to break ground. As we prepared to site the house, the issue of the designated building envelope was raised relative to the garage placement. Because of unique aspects of this property, the building envelope is highly restricted. Specifically, besides being a flag lot, there is a proposed road easement through the property. This has resulted in the designation of both the north and the east sides of the property as front yard. This restricts the building envelope to be 60 feet from the proposed road on the north and the property line on the east. When these restrictions were designated, the 26 acre parcel to the west of the property was an approved subdivision of 10 homes with two acre zoning. Our understanding of this project is that the 10 homes were to be clustered on 10-12 acres and there would be common open space surrounding the development utilizing the balance of the 26 acres. The access road to this development is the road through our property. The building envelope for our property is set to within 25 feet of the western boarder. When the acre to our west was to be open space, this would be a very reasonable situation. Last year, the 26 acres was purchased by the new owners of Peconic Bay Vineyards. In discussions with our new neighbors, it is clear that they are going to clear the land of the current nursery stock and plant grapes. Certainly this is a positive mm of events for us, our new home and its value, not to mention the sunsets. However, if we are still restricted to the present building envelope, our home will be within 25 feet of our west property line and 40-50 feet from the grapes. Given that these plants will be sprayed with pesticides at the standard schedule for North Fork vineyards, we now feel there is a health issue involved. In order to mitigate any potential effect of chemicals, etc. used in the normal activities of the vineyard, we respectfully request that the planning board grant a change in the designated building envelope for our property. Specifically, we request that the eastern edge of the designated building envelope be moved to the same 25 foot standard as the west side. This is essentially requesting a release from the east side designation as front yard. Again, when this was originally considered, the envelope was very reasonable. Now that the acreage to the west is going to be agricultural, we feel it is a safety and health issue to place the house as far from the west property line as possible to provide the largest buffer from pesticide spraying and other activities at the vineyard. We believe this is reasonable and appropriate given the prevailing wind is out of the west blowing everything from the vineyard towards us. Enclosed is a copy of the site plan and a sketch of the proposed new building envelope and the placement of the house. The final building envelope and position of the house and garage are certainly something to discuss with the professionals at the Planning Board Office and the Building Dept., as well as our architect, East End Designs of Southold, and our builder, Bay Creek Builders of Cutchogue. We thank you in advance for your time and effort in considering this issue and look forward to working with you on reaching the best possible conclusion for all involved. Sincerely, William T~olde Maria K. Golde Robert J. Droge 112 Wedgewood Drive Coram, NY 11727 516-331-6464 September 17, 1998 Ms. Melissa Sprio Southold Planning Board 53095 Main Road Southold, NY 11971-0959 IN RE: Endorsement of Certificate of Correction 2020 Harbor Lane, Cutchogue Tax Map # 1000-103-1-20.010 Dear Ms. Spiro: Pursuant to our telephone conversation of September 17, I am enclosing a new Certificate of Correction for the signature of the Chairman, Southold Planning Board. The one previously sent to me did not contain all original signatures and could not be filed. Please return the original to me signed and notarized and make copies for your records. I will file the original in the Suffolk County Clerk's Office and send you a certified copy as well as a cerified copy of the Amendment To Declaration Of Covenants And Restrictions which did not need to be redone. Thank you for your attention to this matter. Sincerely yours, Southold Town Planning Board PLANNING BOARI) 1VI~MBEI~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMEI~S KENNETH L. EDWARDS GEORGE RITCI-IIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Elizabeth Neville, Town Clerk Melissa Spiro, Planner Irrevocable Offer of Dedication for Harbor Park Homes Harbor Lane, Cutchogue SCTM# 1000-97-6-17 and 103-1-20.5 and 20.6 (n.k.a. SCTM# 1000-97-3-17.1 and 103-I-20.9, 20.10, 20.12) 20.11 and DATE: September 15, 1998 The Planning Board required, as a condition of subdivision approval for the above mentioned subdivision, that the subdivider offer the Town an irrevocable Offer of Dedication for a fifty (50) foot wide right-of-way as shown on the approved subdivision map. The Offer of Dedication was filed with your office on September 13, 1994. On September 14, 1998, the Planning Board approved a revised location for the fifty (50) foot wide right-of-way, and the Chairman endorsed a Certificate of Correction reflecting the revised location. Please file the enclosed Offer of Dedication dated May I, 1998, in place of the original Offer of Dedication. enc. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS K~NNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 15, 1998 Robert J. Droge 112Wedgewood Dr. Comm, NY 11727 Re: Endorsement of Certificate of Correction for approved subdivision of Harbor Park Homes SCTM#1000-97-6-17 and 103-1-20.5 & 20.6 (a.k.a 97-3-17.1 and 103-1-20.9, 20.10, 20.11 and 20.12.) Dear Mr. Droge: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 14, 1998: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the Certificate of Correction. Conditional approval was granted on June 15, 1998. Six (6) evergreens have been planted in a satisfactory manner, fulfilling the Planning Board's condition of approval. The Certificate of Correction must be recorded in the Suffolk County Clerk's office. A copy of the recorded document must be presented to the Planning Board, along with a copy of the recorded amendment to the Declaration of Covenants and Restrictions. The Planning Board has recorded the revised Offer of Dedication reflecting the revised location of the 50' right-of-way with the Town Clerk. Please contact this office if there are any questions regarding the above. Sincerely, Bennett Orlowski Chairman cc: Building Dept. Robert J. Droge 112 Wedgewood Drive Coram, NY 11727 516-331-6464 August 1, 1998 Southold Planning Board 53095 Main Road Southold, NY 11971-0959 ATTN: Melissa Spiro, Planner AU5 0 3 1998 Southold Town Planning Board IN RE: Your letter dated July 9, 1998 pursuant to Public Hearing held June 15, 1998 To Amend Conditions of C&R's for Harbor Park Homes subdivision 2020 Harbor Lane, Cutchogue Tax Map # 1000-103-1-20.010 Dear Ms. Spiro: I wish to advise the Planning Board that I have complied with the requirement for the planting of 6 (six) evergreens, each 6 (six) feet in height in the area on the north side of the 50 foot wide R-O-W. I am enclosing a receipt (from Greenland Family Farms) indicating same. You should already have in your file the Amendment To Offer Of Dedication, the Amendment To Declaration Of Covenants And Restrictions, and the Certificate Of Correction. Please have the Certificate of Correction endorsed by the Chairman. I believe it is my responsibility to record both the Certificate of Correction and Amendment To Declaration of Covenants in the County Clerk's Office and then present a copy of the recorded documents to the Planning Board. Please forward these documents to me at your earliest convenience. Sincerely yours, Robert J/. Droge'~? Encl. Greenland Family Farms Inc. 17-155 County Rd 48 Cutchogue L.I.N.Y. 11935 734-5791 DATE 7/24/98 Invoice INVOICE NO. 6190 BILL TO Ilarlx~ Ia. SHIP TO & DIRECTIONS 331-6464 ffEM P.O. NO. TERMS DESCRIPTION 6-T Tall Sales Tax REP QTY SHIP DATE 7O.4/98 PROJECT AMOUNT 6 .50.00 300.00T 6 20.00 120.00 I 25.00 25.00 8.25% 24.75 Total PLANNING BOARD MEMBER~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICI-IARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 1998 Robert J. Droge 112 Wedgewood Drive Coram, NY 11727 RE: Harbor Park Homes Subdivision SCTM# 1000-97-6-17 and 103-1-20.5 & 20.6 (a.k.a. 97-3-17.1 and 103-1-20.9, 20.10, 20.11 and 20.12) Dear Mr. Droge: The Planning Board reviewed your letter of June 19, 1998, in regard to the required planting for SCTM# 1000-103-1-20.10, at the June 29, 1998 work session. The Planning Board is requiring the planting of six (6) evergreens, (6) feet in height, in the area on the north side of the 50' wide right-of-way. six Upon receipt of notification that the trees have been planted and submission of the other conditions of approval, the Chairman will endorse the Certificate of Correction. Please feel free to contact me ff you have any questions regarding the above. Sinc r.ely, f// Planner // Mr. Bennett Orlowski Southold Planning Board 53095 Main Road Southold, NY 11971 Robert J. Droge 112 Wedgewood Drive Coram, NY 11727 516-331-6464 June 19, 1998 IN RE: Public Hearing held June 15, 1998 To Amend Conditions of C&R's for Harbor Park Homes subdivision 2020 Harbor Lane, Cutchogue Tax Map # 1000-103-1-20.010 Dear Mr. Orlowski: Pursuant to the resolution that was adopted with respect to the above referenced, I request the guidance and approval of the Planning Board with respect to Condition 1 in the resolution requiring the planting of evergreens on the north side of the R-O-W prior to the Planning Board Chairman endorsing the Certificate of Correction. I understand that the primary reason for Condition 1 is the possibility of headlights from automobiles on the "Future Road" shining into the rear of the home of the owner of the property located at 1415 Harbor Lane. After taking into consideration the existing 2 car garage and the existing trees and shrubbery now located at the rear of the property at 1415 Harbor Lane, I believe the possibility for any headlight glare can be eliminated by the planting of three (3) evergreen trees which are now between 3 and four feet tall which will grow and fill in any gaps that may now exist in the landscaping now present at the rear of 1415 Harbor Lane. I am enclosing a diagram to more accurately show the location of the proposed plantings. If this proposal is acceptable, please advise and I will arrange to have the evergreens planted. If this is not acceptable, please provide me with some guidance as to what would be acceptable to the Board. JUN Southold Town Planning Board - 2 - I am anxious to resolve this matter as expeditiously as possible so that I can finalize my own building plans and continue with the process of obtaining building permits etc. Thank you for your continued attention to this matter. Sincerely yours, ~ / ~/R~o~bert J. i Drog~ DEPARTMENT OF HEALTH SERVICES Mr. Chester Orlowski, President Dalcbot Corporation 235 Pequash Avenue Cutchogue, New York 11935 Dear Mr. Orlowski: COUNTY OF SUFFOLK ROBERT J. GAFF'NEy May 26, 1994 :' -% Board of Review Hearing - May 19, 1994 Proposed Subdivision of Harbor Park Homes ~92-273, Town of Southold, SCTM 1000-97-6-17; 103-1-20.5 and 20.6. Enclosed ks a copy of 'the Board of Review's ffmdings, recommendations and determination concerning the subject aPPlication. B~ed on the information submitted, the Board granted th~ request for variance with the provisions indicated in the determination. The granting of this waiver does not imply that your aPPlication will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your aPProval will bo subject to unnecessary delay. Very truly yours, Dennis Moran, P.E. Chairman Board of Review DM/Ir Enclosure cc: Board of Review File - Riverhead Ms. Susan D. Windesheim Mr. Frank Dowling, Sr. Planner Mr. Peter R. Akras, P.E. Richard F. Lark, Esq. / Roy Dragotta, Esq. Town of Southold Planning Board To: From: Subject: SUFFOLK COUNTY DEPARTMENT OF HEALTH D~SION OF ~0~ QUAI-~ 2, s aun 7 0-220, S oa co v M~ E. Hib~, M.D., M.P.H. Co~sioner Dennis Moran, P.E. Chairman, Board of Review Report of Findings and Recommendations of the Review Board Regarding: Proposed Subdivision of Harbor Pa~k Homes #92-273, Town of Southold, SCTM 1000-97-6-17; 103-1-20.5 and 20.6. Applicant: Chester Orlowski, President, Da/ch~t Corporation, 235 Pequash Avenue, Cutchogue, N.Y. 11935 Notice of Hearing: May 3, 1994 - Hearing Date: May 19, 1994 Statement of Problem A community type water system is required when a realty subdivision is located in an a~a where groundwaters are non-potable or potentially hazardous in accordance with the requirements of Article 6, Section 706-606 A.4 of the Suffolk County Sanitary Code. 1. Proposed development of a 9.04 acre parcel into five lots ranging in size from 73,904 square feet to 80,000 squar~ f~et. 2. Site is in Groundwater Management Zone #IV. 3. Area is zoned R-80 and R-40. 4. Public water is not available. Nearest public water main is several miles from the site. 5. Depth to groundwater is about 17 feet. 6. Soils are silty loam 0-4 feet; sand/gravel 4-17 feet. 7. Average lot size is 73,780 square feet. Page 9 of 11 /~!ary E. Hibberd, M.D., M.P.H. Page Two Subject: Report of Findings and Recommendations of the Review Boant Regarding: Proposed Subdivision of Harbor Park Homes ~92-273, Town of Southuld SC'I'M #1000-97-6-17; 103-1-20.5 and 20.6. Findings and Fact, (cont'd) o Proposal is 197% of department standards. : Initial test well information indicated nitxate level !exceeded standard. Test wells were subsequently installed on all five lo~s. Test well #3 :contained 8.4 rog/1 of aldicarb, test well g4 and test well #5 had levels of dichlorodifluoromethane (18 ppb and 110 ppb). Wells #4 and #5 were repo~itioned and retested on 4/4/94-test results indicated acceptable water quality. 10. Test wells have total depth~ of 45-55 with 22-32 feet of Water in well casing. 11. Applicant testified that town approvals have been granted. 12. It was noted that a minimum horizontal separation of 200 feet can be maintained between wells and sanitary leaching pools. 13. Applicant has owned property since 1961. It was a 3 to 0 determination of the Board to grant the x~luest for the variance, provided that all lots are covenanted, in language acceptable to the County Attomey, tha! there will be no further subdivision without public water and that appropriate t~aunent will be provided, if necessary, at the lime of application to consixuct. Date DM/Ir Dennis Moran, P.E., Chairman Page 10 of 11 CERTIFICATE OF CORRECTION Surveyor: Name of Map: Location: Owner: Correction: Executed: Joseph A. Ingegno, N.Y.S. Land Surveyor P.O. Box 1931 Riverhead, NY 11901 Lic. No. 49668 "Map of Harbor Park Homes" Filed November 22, 1994 File No. 9602 Town of Southold Suffolk County Tax Map Designation 1000-103-01-20.10 Robert J. Droge 112 Wedgewood Drive Coram, New York 11727-1215 Reroute the dedicated right of way as shown on the signed and sealed survey and as more fully describe~ on Exhibit "A", both of which are a t tach~/he~t/. //// ~ Sta~ of Ne~York County of Suffolk On~?~ ~ , 1998, before me came Joseph A. I~gegno, to me known to be the individual described in and who. executed the foregoing instrument who duly acknowledged to me that he executed the same. Approved: Notary ~bl'ic ~m~-p--~_~_ _N. _~, ~ This is to certify that the Planning Board of the Town of Southold approved the map correction described herein by Resolution dated ~p~. ~ , 1998. ~ enne r owsK1, Jr. Chai~an, Southold Planning Board State of New York County of Suffolk On~n~, 1998, before me came JOSEPH A_~. INGEGNo, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. State of New York County of Suffolk . BETTY G. MATRON On~_~ , 1998, before me came BENNETT ORLOwsKi, Jr., to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. otary Public~~TM_ SENDER: ~; S. ENDER: lC SENDER: | ~, · Comp~eteitemslend 13 Complete items 1 .Completeilemsl an~ .~ SENDER: .. _io .. eW~e;RetumR~pt · .~te'Re~mR~ ~ ~t ~ "A~t~isfo~to~e~ntofthemailpie~,oronthe~ck~spaced~snot 1.~ Addressee's Address · ~ ~m R~eipt ~ ~ a T~ Return R~i~ ~ ~ ~e Retum R~i ~ ~ ~ ~e me~m R~ipt R~st~"on lhe ~dp~ ~w ~e a~de numar. 2. ~ Restricted Delive~ 3. A~icle Addre~ ~ 3. Ad c e Addre~ ~ 3. A~icle A~re~ ~ deliver~. Consurt postmaster for fee. ~ ' ~ 3. A~icle A~re~ed to: c~ ~ ~ /~ m ~ ~ D Registered ~Ce~ifi. /.//ceiv)~l By: (F lika k -6. Si At': d~ --~ PS Form 3811, 6. Signature'. (~dre/ssee or Agent) ~ . · _m PS Form 3811, Dece~l~1994 [] Express Mail [] Insured [] Return Receipt for Merchandise [] COD 8. Addres~e~'s Address (Only it requested and fee is paid) /' Im595-gS-B~0229 Domestic Return Receipt SENDER: ~ S. Ec~N?~p~ :~ SENDER: .CompleteitemslanCJ '~3 ms:~ ~ "C~ete~emslan~or2fo a~itionaJ~ices. ~ l also wish to receive the ~ pe~it. ~ PS Fo~ 3800, April 1995 3. A~cle Addresse ~ 3. A~icle Addrel ~ 3. A~icle Addm~ed to: s 5. R~eivedBy:(~ ~ 5.~ ~ 5 ~ PSForm3~l,[ e ~ ~ ~ ~ .......... ~,~ -- roru~o~ ~ ~ PS Form 3811~ December1994 N RAYMOND L. JACOBS SUPERINTENDENT SOUTHOLD TO'3~q HIGHWAY DEPARTMENT Fax (516)-765 - 1750 JAMES A. RICHTER~ R.A. ENGINEER TOWN OFSOUTHOLD Tel (516)- 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD June 10, 1998 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, NewYork 11971 Re: Harbor Park Homes - Approved Subdivision SCTM#: 1000-103-01-20.10 Dear Mr. Orlowski ' As per your request, I have reviewed the applicants modifications to the existing Right-of-Way through the above referenced property. This modification complies with my 12/1/97 report and has been approved by the superintendent of highways, Mr. Jacobs. If you have any questions concerning this report, please contact my office. CC: Raymond L. Jacobs (Superintendent of Highways) JUN 12 19~8~ Southold TOWn Planning Board TOWN OF 80~D L~G~L ~O~CE Noti~ o~ Plab#e ~ NOTICE IS HEREBY G~~~on 276 of~ To~ ~, a ~ h~ng will b~ h~dby ~e ~ to~ E~ ~ SoU~old~ New Y~ ~ said 1 ~8 on ~ q~ of ~e fol- 5:~ P,M. ~bl~ ~ng ~ ~. ~n~ I of · e ~on ~ Liar 11~8 ~4~ ~e ~- ~rov~ m~i~ Of Cutc~, To~ ~u~old, C~OtS~.~e~ N~ ~iV ~ 103- 1-20.5 ~ 20.6 (a.~ 9?-3-17.1 ~ 103-1-20.9, 20.10, 20.11 ~ 20.12). ' The propo~ is bordered on the north by land now or for- merly of Rakowicz; on the e~st ~ Haeoor t~e, by ~ now for Formerly_ of,~a~ by land pow. or fo~¢rly bf Do~o~k, by ?ha. now or fOnnerly of Januick, oy lana now or tbrmerly of LinOal~ by iaaa ~ow o~ for- merlyofTeevan, boy land now or formerly of~;by lma now Or formerly of White/and by land now or formerly of Hommel; on the ~outh by land now or formerly of Sowinski; ~and on the we~t by'land nov~ or tbrmerly of Pung. 'in ~fion, Lot number 3 Of ~'~ ZaaeO~;pa~k Homes subdivision is bordered on tho nonhtoy lariat now or for- merly of Orlowski; and On the so~h by land now or formerly BY ~R OF, THE $OUTHOLD TOWN PLANN1NO BOARD 1X-6/4,,~8(180). COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for / ................................................................. · ~7. weeks successively, comm~j?,'~g;~, the .................... day/q~....~.. ............. ~ .~c.....'cz'~ .......... ,19.~.g Sworn to before me this~ .......... ~ .......... day of Notary Public BARBARA k SCHNEIDER NOTARY PUBUC, State of New York No, 4806846 Qualified in Suffolk CouJ1J:y k Commission Expires JUN 8 1998 Southold Town Planning Board BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS I~ENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICIng. RD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May19,1998 Robert J. Droge 112 Wedgewood Drive Coram, NY 11727 Re: Public hearing to amend conditions of C&R's for approved subdivision for Harbor Park Homes SCTM# 1000-97-6-17 and 103-1-20.5 & 20.6 (a.k.a. 97-3-17.1 and 103-1-20.9, 20.10, 20.11 and 20.12) Dear Mr. Droge: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 18, 1998: RESOLVED that the Southold Town Planning Board set Monday, June 15, 1998, at 5:00 p.m., for a public hearing to amend Condition Number 1 of the Declaration of Covenants and Restrictions which was filed in the County Clerk's office in Liber 11688 page 434. The Declaration of Covenants and Restrictions was filed as a condition of approval for the Harbor Park Homes subdivision. Condition Number I is to be amended to reflect a revised location for the right of way which is located on Lot Number 3. The revised location is shown on the survey dated January 28, 1998, prepared by Joseph Ingegno. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The sign and notification form are enclosed for your use. Please return the endorsed Affidavit of Posting and the signed green return receipts from the certified mailings on the day of, or at the public hearing. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. ~ Chairman ) enc. Southold Town Plannin.q Board Notice to Adjacent Property Owners You are hereby given notice: That the undersigned has applied to the Planning Board of the Town of Southold to amend Condition Number I of the Declaration of Covenants and Restrictions which was filed in the County Clerk's office in Liber 11688 page 434, for the approved subdivision of Harbor Park Homes. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000- 97-6-17 and 103-I-20.5 & 20.6, (a.k.a. 97-3-17.1 and 103-I-20.9, 20.10, 20.11 and 20.12). located on the west side of Harbor Lane, 675 feet south of Main Rd. (NYS Rt. 25). That the property which is the subject of this application is located in the R-40 and R-80 zones. That the application is to revise the r-o-w Iocationon Lot #3 (See enclosed map.) That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. That a public hearing will be held on the matter by the Planning Board on Monday, June 15, 1998 at 5:00 p.m. in the meeting hall at Southold Town Hall, Main Rd., Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Date: Notice of Hearing A public hearing will be held by the Southold Town Planning Board at Town Hall, 53095 Main Road, Southold, New York, conceming this property' OWNER(S) OF RECORD: Robert J. Droge NAME OF APPLICATION: Amend condition of C&R's for above REFERENCE/TAX MAP #: 1000-97-6-17 and 103-1-20.5 & 20.6 (a.k.a. 97-3-17.1 and 103-1-20.9, 20.10, 20.11 and 20.12). SUBJECT OF HEARING: To amend Condition Number 1 of the Declaration of Covenants and Restrictions which was filed in the County Clerk's office in Liber 11688 page 434. The Declaration of Covenants and Restrictions was filed as a condition of approval for the Harbor Park Homes subdivision. Condition Number 1 is to be amended to reflect a revised location for the right of way which is located on Lot Number 3. The revised location is shown on the survey dated January 28, 1998, prepared by Joseph Ingegno. TIME & DATE HEARING: Monday, June 15, 1998 at 5:00 p.m. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8 a.m. and 4 p.m. PLANNING BOARD - TOWN OF SOUTHOLD - (516) 765-1938 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, gR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCFIIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD James Richter, Road Inspector Highway Department Peconic Lane Peconic, NY 11958 Dear Mr, Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map (Dated / / ) Preliminary Subdivision Map (Dated / / ) Final Subdivision Map (Dated / / ) Road Profiles (Dated / / ) Grading and Drainage Plans (Dated / / ) Other ~,~,o~ -to ~.o-~ (Dated ~ /~-~ /q~' ) Sketch Site Plan Preliminary Site Plan (Dated / / ) (Dated / / ) Grading and Drainage Plans (Dated / Other (Dated / / ) Contact person: Joseph A. Ingegno Land Surveyor SURVEY OF LOT 3 HARBOR PARK HOMES CUTCHOGUE CERTIFICATE OF CORRECTION Surveyor: Name of Map: Location: Owner: Correction: Executed: Joseph A. Ingegno, N.Y.S. Lic. Land Surveyor P.O. Box 1931 Riverhead, NY 11901 No. 49668 "Map of Harbor Park Homes" Filed November 22, 1994 File No. 9602 Town of Southold Suffolk County Tax Map Designation 1000-103-01-20.10 Robert J. Droge 112 Wedgewood Drive Coram, New York 11727-1215 Replace the dedicated right of way as shown on the signe~ and sealed survey and as ~ore fully described~on Exhibit "A", both of which are attache her o Jose~l~'/A_ Tn~an~l/N-Y.~ Lic. No. 49668 State of New Yo~k County of Suffolk On ~4~ ~ ~ , 1998, before me came Joseph A. Ing~n6, to me known to be the individual describ~ed in and who executed the foregoing instrument who duly acknowledged to me that he executed the same. MARY LOU DREEBEN Nota~Publ ic Approved: This is to certify that the Planning Board of the Town of Southold approved the map correction described herein by Resolution dated , 1998. Bennett Orlowski, Jr. Chairman, Southold Planning Board , 1998 PlAY t ! 1998 Southold Town Planning Board State of New York County of Suffolk On f~_ ~. , 1998, before me came JOSEPH A. INGEGNO, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. Nota~Publ ic State of New York County of Suffolk On , 1998, before me came BENNETT ORLOWSKI, Jr., to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. Notary Public RIGHT OF WAY EASEMENT ALL that certain'plot, ~iece or parcel of land, situate, lying and being a~t"Ct~tt:hogue, Town of Southold, County of Suffolk and State of New York, being pat~ of Lot 3, Subdivision Map of Harbor Park Homes, filed in the office of the Clerk of Suffolk County on November 22, 1994 as File No. 9602, being more particularly bounded and described as follows: BEGINNING at an iron pipe along the westerly line of Harbor Lane at the northeast corner of Lot 3 of said map; THENCE southerly along the westerly line of Harbor Lane South 25 degrees 15 minutes 30 seconds East, 50.00 feet to an iron pipe and the land now or formerly of Dobek; THENCE westerly along the northerly line of said land South 64 degrees 44 minutes 30 seconds West, 140.00 feet to an iron pipe; THENCE through Lot 3 of said map the following four courses and distances: (1) Thence South 64 degrees 44 minutes 30 seconds West, 50.00 feet to a point; (2) Thence on a curve to the right having a radius of 70.00 feet and a length of 53.48 feet to a point; (3) Thence North 71 degrees 28 minutes 21 seconds West, 82.50 feet to a point; (4) Thence on a curve to the left having a radius of 20.00 feet and a length of ! 5.07 feet to a point on the easterly line of land now or formerly of Pung; THENCE northerly along the easterly line of said land North 24 degrees 38 minutes 50 seconds West, 50.00 feet to an iron pipe and the southerly line of Lot 2 of said map; THENCE easterly through Lot 3 of said map on a curve to the right having a radius of 70.00 feet and a length of 52.75 feet to a point; THENCE South 71 degrees 28 minutes 21 seconds East, 82.50 feet to a point; THENCE on a curve to the left having a radius of 20.00 feet and a length of 15.27 feet to an iron pipe and the land now or formerly of Lademann; THENCE along the southerly line of said land North 64 degrees 44 minutes 30 seconds East, 190.00 feet to an iron pipe along the westerly line of Harbor Lane and the point or place of BEGINNING. AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS Declaration made this / day of n~ 1998 by Robert J. Droge, hereinafter called the Declarant. WHEREAS, the Declarant has title to certain land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, said land hereinafter being more particularly described as Lot Number 3 as shown on the subdivision Map of "Harbor Park Homes" at Cutchogue, Town of Southold, New York, which map has been filed on November 22, 1994, File Number 9602; and WHEREAS, the Planning Board of the Town of Southold resolved on January 11, 1993 there should be placed on said land a covenant and restriction setting aside a portion of said land for a future road in the event the property to the west is developed; and WHEREAS, a Declaration of Covenants and Restrictions was filed in the County Clerk's office in Liber 11688 page 434 describing a 50 foot wide right of way on Lot Number 3; and WHEREAS, the Declarant desires to modify said Declaration of Covenants and Restrictions by replacing that portion of land originally set aside for a right of way with other land contained within Lot No. 3 equally suitable for a right of way for a future road in the event the property to the west is developed;, and WHEREAS, these covenants and restrictions can be modified only at the request of the owner and with the approval of the Planning Board of the Town of Southold, after a public hearing; and WHEREAS, Declarant offers the following Amendment to the current restrictions on Lot No. 3 1. The following described portion of Lot No. 3 is set aside for a future road in the event the property to the west is developed: ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being part of Lot 3, Subdivision Map of Harbor Park Homes, filed in the office of the Clerk of Suffolk County on November 22, 1994 as File No. 9602, being more particularly bounded and described as follows: BEGINNING at an iron pipe along the westerly line of Harbor Lane at the northeast corner of Lot 3 of said map; - 2 - THENCE southerly along the westerly line of Harbor Lane South 25 degrees 15 minutes 30 seconds East, 50.00 feet to an iron pipe and the land now or formerly of Dobek; THENCE westerly along the northerly line of said land South 64 degrees 44 minutes 30 seconds West, 140.00 feet to an iron pipe; THENCE through Lot 3 of said map the following four courses and distances: (1) Thence South 64 degrees 44 minutes 30 seconds West, 50.00 feet to a point; (2) Thence on a curve to the right having a radius of 70.00 feet and a length of 53.48 feet to a point; (3) Thence North 71 degrees 28 minutes 21 seconds West, 82.50 feet to a point; (4) Thence on a curve to the left having a radius of 20.00 feet and a length of 15.07 feet to a point on the easterly line of land now or formerly of Pung; THENCE northerly along the easterly line of said land North 24 degrees 38 minutes 50 seconds West, 50.00 feet to an iron pipe and the southerly line of Lot 2 of said map; THENCE easterly through LOt 3 of said map on a curve to the right having a radius of 70.00 feet and a length of 52.75 feet to a point; THENCE South 71 degrees 28 minutes 21 seconds East, 82.50 feet to a point; THENCE on a curve to the left having a radius of 20 feet and a length of 15.27 feet to an iron pipe and the land now or formerly of Lademann; THENCE along the southerly line of said land North 64 degrees 44 minutes 30 seconds East, 190.00 feet to an iron pipe along the westerly line of Harbor Lane and the point or place of BEGINNING; DECLARANT does hereby further warrant, covenant and represent that the foregoing Amendment to the Declaration of Covenants and Restrictions shall bind the Declarant, his heirs, successors and assigns, and any and all persons who shall succeed to the ownership of said land or any part thereof by transfer or otherwise. - 3 - IN WITNESS WHEREOF, the Declarant executes this Amendment to Declaration of Covenants and Restrictions the day and year first written above. Rob. rt J roge ( / State of New York County of Suffolk On this/ t day of 1998, before me came Robert J. Droge, to me known an~known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly ack~lowledged~....t° ~e ~hat he executed the same. ~6~~~_w -- ~DAVID W. SACKr~3,N NOTARY PUBLIC, State of New York No. 02 SA-4672561 Qualified in Suffolk County Commission F.~pires t~Tarch $0, ~ Notary Public AMENDMENT TO OFFER OF DEDICATION THIS IS AN OFFER dated ~ / , 1998, made by Robert J. Droge, residing at 112 Wedgewo6d Drive, Coram, New York 11727-1215, the current owner of Lot N~mber 3 as shown on the Subdivision Map of "Harbor Park Homes" at Cutchogue, Town of Southold, New York, which map has been filed on November 22, 1994, File Number 9602; TO AMEND THE ORIGINAL OFFER OF DEDICATION, made by Dalchet Corporation on August 25, 1994 and is intended by Robert J. Droge for present or future acceptance and is irrevocable. Robert J. Droge offers to convey and cede fee title to the Town of Southold of the land area designated as "Reserved for Possible Roadway" on a signed and sealed Survey dated January 28, 1998, and as more fully described on Exhibit "A", both of which are annexed hereto, for the purpose of a future road in the event and to the extent the property to the west is developed. This offer to convey and cede fee title to the Town of Southold of said land area is intended to replace the land area originally dedicated by Dalchet Corporation on August 25, 1994 for the same purpose. This Amended Offer of Dedication is intended to be binding on ~11 present and future owners, their heirs, successors, or assigns. State of New York County of Suffolk Robert J. Droge, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he Qualified in Suffo k County Commission E~pires March 30, '1~o~-~ Notary Public PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAI~, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 6, 1998 Robert J. Droge 112 Wedgewood Drive Coram, NY 11727 RE: Harbor Park Homes Lot Number 3 SCTM# 1000-103-1-20.10 Dear Mr. Droge: The Planning Board, Engineering Inspector and Highway Superintendent have reviewed your request to amend the location of the fifty (50) foot wide area shown on the proposed subdivision map as Reserved for Possible Future Road. The proposal has been found to be acceptable so long as the bend in the road shah not exceed 45 degrees. I have enclosed a report dated December 1, 1997, from James Righter, Engineering Inspector, which includes a sketch intended ~o be used as a guide in determining the final metes and bounds for the proposed change. As noted in his report, the metes and bounds must be verified by a surveyor or engineer prior to initiating any formal change in the description of the right-of-way. It is standard for the road pavement to be centered within the 50' right-of-way. However, in this case, should a road he built in the future, the paved area may be required to be shifted within the 50' right-of-way in order to lessen the curve of the read. If you wish to proceed with the change in right-of-way location, the following must be completed: 1. You must present a Certificate of Correction to the Planning Board. The Certificate of Correction must be approved by the Planning Board and then you must record it in the Suffolk County Clerk's office. I have enclosed an example of a Certificate of Correction for your use. Note that a signed and sealed survey showing the revised right-of-way location must be included with the Certificate of Correction. 2. The Planning Board required, as a condition of subdivision approval, that the subdivider offer the Town an irrevocable Offer of Dedication for the 50' wide r-o-w. The Offer of Dedication was filed with the Town Clerk on September 13, 1994. The Offer of Dedication must be revised to reflect the amended right-of-way location and must be re-filed with the Town. I have enclosed a copy of the prior Offer of Dedication for your use. A draft of the proposed amendment to the Offer of Dedication must be presented to the Planning Board. Once the draft is approved, the Planning Board will record it with the Town Clerk. 3. The Planning Board required, as a condition of subdivision approval, that the subdivider file a Declaration of Covenants and Restrictions pertaining to the subdivision. The Declaration was filed in the County Clerk's office in Liber 11688 page 434. The Declaration describes the 50' wide right-of-way located on Lot Number 3. An amendment to the Declaration of Covenants and Restrictions must be filed reflecting the amended right-of-way location. A draft of the proposed amendment to the Declaration must be presented to the Planning Board. Once the draft is approved, it must be recorded in the County Clerk's office. Please feel free to contact me if you have any questions regarding the above· I apologize for the delay in responding to your inquiry. Sincerely, /~ · Planner enc. RAYMOND L. JACOBS SUPERINTENDENT SOUTHOLD TOWN HIGHWAY DEPARTMENT Fax. (516)-765- 1750 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD Tel. (516~ - 765 - 3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD December 1, 1997 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re~ Harbor Park Homes (Lot #: 3) SCTM #: 1000 - 103 - 01 - 20.10 Dear Mr. Odowski ' As per your request, I have reviewed the property owners request for realignment of the existing right-of-way intersecting his property. As indicated on the attached sketch a 45 degree bend in the location of the future road will be considered acceptable to Mr. Jacobs. The attached sketch is intended to be a guide in determining the final Meets and Bounds of the proposed change and should be verified by the Owners Surveyor or Engineer prior to initiating any formal change in the description of the Right-of-Way. If you have any questions concerning this report, please contact my office. CC: Raymond L. Jacobs (Superintendent of Highways) /~cere~ //JamoCA. Richter, R.A. S. G~° 4 ~' 50" Pl. HARBOR PARK HOMES SCTM #: 1000-103-01-20.10 The Proposed Realignment of the existing Right-of-Way for future road construction through the above referenced property has been approved by Mr. Raymond L. Jacobs (Highway Superintendent) As indicated by the sketch above, the bend in the road shall not exceed 45 degrees. OFFER OF DEDICATION THIS OFFER OF DEDICATION, dated August 25, 1994, made by DALCHET CORPORATION, a domestic corporation having its principal place of business at 235 Pequash Avenue, Cutchogue, New York 11935 and WTLLIAM ORLOWSKI and LORRAINE ORLOWSKI, residing at 218 Carlton Road, Millington, New Jersey 07946, owners of the property shown on the Subdivision Map of "Harbor Park Homes" at Cutchogue, Town of Southold, New York, 9repared by Roderick Van Tuyl, P.C. on July 27, 1994, which map is to be filed in the Suffolk County Clerk's Office, covering prem.ises ak Cutc~ogue, Town of $outhold, ~uffolk County, New York. ~ALCHET CORPgRATION, TWILLIAM ORLOWSKI and LORRAINE ORLOWSKI offer ~o convey and cede fee ~' ~itl~ to the Town of Southold of the land area designated on said subdivision as "Reserved for possible future road" located on Lot ~o. 3 and more fully described on Schedule A annexed hereto, for the purpose of future road dedication to the Town of Southold, to the extent that the same i~ shown 'on said subdivision ma9 and f6r the foregoing purposes. This Offer of ~edication is intended for present or future acceptance and is irrevocable. ~x~x~x~k~x~kKkxk~xmK~x This Offer of Dedication is intended to be binding on all present and future owners their heirs, successors and assiqns. ' QALCHET CORPORATION Chester Orlowski, President William Orlowski ~' /'(i , L'~&~(~ ~' ~' ' I . Lorraine Orlowski -2- STATE OF NEW YORK: : SS. COUNTY OF SUFFOLK: On this ~ day of August, 1994, before me personally came CHESTER ORLOWSKI to me known, who, being by me duly sworn, did depose and say that he resides at (ao ~) Pequash Avenue, Cutchogue, New York; that he is the President of DALC~ET CORPORATION, the corporation described in, and which executed the-foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public STATE OF NEW JERSEY: :ss. COUNTY OF MORRIS : On this ~;-~ day of August, 1994, before me personally came WILLIAM ORLOWSKI and LORRAINE ORLOWSKI to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. ~otary GINA MARIE NICHOL,~S -3- S CI~EDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of $outhold, County of Suffolk and State of New York, being more particularly bounded and described as follows: '. BEGINNING at a point on the westerly line of Harbor Lane at the southeasterly corner of land of Lademann, and running thence along said Harbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said land and along other land of Dalchet Corporation South 64~ 44' 30" West 313.66 feet to land now or formerly of Pung; thence along said land North 23° 44' 50" West 50.02 feet to other land of Dalchet Corporation; thence along said land and along said land of Lademann North 64° 44' 30" East 312.34 feet to the point of BEGINNING. RAYMOND L. JACOBS SUPERINTENDENT $OUTHOLD TOWN HIGHWAY DEPARTMENT Fax (516)-765- 1750 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD Tel. (516) - 765 - 3070 OFFICE OF THE ENGINEER TOWN Of SOUTHOLD December 1, 1997 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, NewYork 11971 Re: Harbor Park Homes (Lot #: 3) SCTM #: 1000 - 103 - 01 - 20.10 Dear Mr. Oriowski · As per your request, I have reviewed the property owners request for realignment of the existing right-of-way intersecting his property. As indicated on the attached sketch a 45 degree bend in the location of the future road will be considered acceptable to Mr. Jacobs. The attached sketch is intended to be a guide in determining the final Meets and Bounds of the proposed change and should be verified by the Owners Surveyor or Engineer prior to initiating any formal change in the description of the Right-of-Way. If you have any questions concerning this report, please contact my office. CC: Raymond L. Jacobs (Superintendent of Highways) [//~/?../,~ame~'A. Richter, R.A. N. Co+' '1-+' 3o'~ =ol HARBOR PARK HOMES SCTM #: 1000-103-01-20.10 ~lG H'I' OF The Proposed Realignment of the existing Right-of-Way for future road construction through the above referenced property has been approved by Mr. Raymond L. Jacobs (Highway Superintendent) As indicated by the sketch above, the bend in the road shall not exceed 45 degrees. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD James Richter, Road Inspector Highway Department Peconic Lane Peconic, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map (Dated / / ) Preliminary Subdivision Map (Dated / / ) Final Subdivision Map (Dated / / ) Road Profiles (Dated / / ) Grading and Drainage Plans (Dated / / ) Other I.~l:~G.~z (Dated . /,~ /47 ) Sketch Site Plan Preliminary Site Plan (Dated / / ) (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) A Contact Robert J. Droge 112 Wedgewood Drive Coram, NY 11727 516-331-6464 November 14, 1997 Mr. Bennett Orlowski Southold Planning Board 53095 Main Road Southold, NY 11971 IN RE: REROUTING FUTURE ROAD ON PROPERTY 2020 Harbor Lane, Cutchogue Tax Map # 1000-103-1-20.010 Dear Mr. Orlowski: I recently purchased the above referenced property. The deed was recorded in the Suffolk County Clerk's Office on September 2, 1997. It is my intention to build my home on this property within the next two years. This letter is to initiate a request to change the route of the proposed future road contained in the covenants and restrictions on my property in the event the property to the west is developed. Please note that any route of this future road will be contained within the boundary of my property and will only affect my use of my property. The current route of the future road, as indicated on the enclosed diagram, divides my property into two pieces and creates a rectangular parcel approximately 82 feet by 120 feet on the northerly side of the future road. In the event this future road becomes a reality, this rectangular parcel would be on the opposite side of the road from my house built in the required building envelope. I believe the current proposed route causes me to effectively lose the use of more of my property than is necessary. A rerouting of the future road will allow me the beneficial use of more of my property. It will not harm or change any rights the owner of the property to the west now possesses. It will not require any change to any future development that may take place. Furthermore, it will not affect the rights of any of the other contiguous property owners. - 2 - It is my understanding that there are no existing plans for the development of the property to the west, or for the location of any road needed on that property in the event it is developed. Assuming a rerouting of this future road which is most beneficial to me, the future road will meet the property to the west approximately 80 feet north of the present route. I have enclosed a second diagram indicating a proposed change in the route of the future road. This change leaves less of my property on the northerly side of the future road and more on the southerly side. My request is that the future road be rerouted so as to border the northerly boundary of my property for as many feet as is possible. My desire is to have as much of my property as possible on the southerly side of the route of the future road. There are many benefits I derive from rerouting the future road. Among them are easier location of a well and cesspool, more practical maintenance and landscaping, more choices for the placement of the garage and driveway, and simply having more of my property on the "building plot" side of the future road and less on the opposite side of the road. Finally, in consideration for the requested rerouting, and depending on the nature of the approved rerouting and how much property remains on the northerly side of the future road, I would be willing to discuss the donation of my remaining property on the northerly side to the Town of Southold. This should be beneficial to the Town in any future development of the property to the west and the building of the future road and related lighting and utilities. I am prepared to submit a detailed survey containing the legal description of a rerouting which complies with the appropriate engineering requirements for such a road. I am anxious to continue the process of obtaining a rerouting of the future road. I would be happy to meet with someone in your office to discuss the matter further. I look forward to hearing from you. Sincerely yours, Robert ~. Dro~ Encl. SUFFOLK 'COUNTY CLERK'S OFFICE Edwar4 P.. oma~n.., COUNTY CLERK PHON£:B 5 2--2 0 0 0 ~/~own of Southold Assessor own of Southold Planning Board Chief Deputy County Treasurer To Whom This May Concern: The Subdivision Map Of: Was Filed,. NOV Z2, Filed Number, ~ A}-stract Number, /~C~ Township, Southold - CLcf c.h oo~c.i.~ Owner: J~al~ Q~rp.- Ch~-~ Orl~' Very truly yours, Counly Clerk No. 49 Map Department PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 November 15, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Richard Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Proposed Major Subdivision for Harbor Park Homes SCTM# 1000-97-6-17 and 103-1-20.5 & 20.6 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board on Monday, November 14, 1994: BE IT RESOLVED that the SouLhold Town Planning Board authorize the Chairman to endorse the final surveys dated July 27, '1994. Conditional final approval was granted on October :5, '1994. All conditions have bccn fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Page 2 Major Subdivision Cot Harbor Park Homes November '15, '1994 Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward ~ Chairman eric. cc: Tax Assessors Building Department James Richter, Engineering Inspector FROM: RICHARD ATTORNEY MAIN ROAD * R O. BOX 973 DATE= ~o~mb~? !0, _!99.4 _ TO: So~thgld Town.~!a~ning.~ga~d Town Hall, 53095 Main Road P. O. Box 1179 Southol~ N~w York i'i9~i MESSAGE Dear Ms. Spiro: Pursuant to the resolution of the Southoid To~n Planning '~oard ad6Pted on October 3, 1994, I am enclosing Check NO, 753 of Dalch~t ~br~orati~n- in the amount of $10,000.00 for the park and playground fee. REPLY SUSJECT: Subdivision f ~-" _ o..~ 'Harbor Par~ H s" tcr~le (S~ #1000r97~6rll and ~1000,103-!r20.5 & 20,6) DATE: If al! is in order, would you kindly have the Chairman sign the maps and give me a call so I can pick them up. Very truly y~urs, Richard F .~/L ra~k/ (bd) NOV I o SIGNED: THiS ,COPY FOR PERSON ADDRESSED Southold Town Planning Board 5 October 5, 1994 Major and Minor Subdivisions, Lot Line Changes and Set Off Applications Final Determinations Mr. Ward: Harbor Park Homes - This major subdivision is for 5 lots on 9.04 acres located on the west side of Harbor Lane; 675 feet south of Main State Road in Cutchogue. SCTM# 1000-97-6-17 and 105-1-20.5 & 20.6. What's the pleasure of the Board? Mr. McDonald: Did you bring the check? Didn't we need the check for this? Ms. Spiro: Yes, you can do the conditional approval though. Chester Odowski: Mr. Chairman, t think we've got all the other papers in there, except the SI0,000 check for the Town. We applied through the North Fork Bank and we should hear from them in the next week or ten days, so they tell me. Mr. Ward: Well then, what we'd do tonight then is we'd make this a conditional. Chester Orlowski: We didn't want to go to a big thing, we just went for a non-secured loan, because the other one would take us three or four months to get us set up and this would only take us a week or ten days, she told me, so as soon as we get it we'll have a check in to the Town of Southold. Mr. Ward: OK. Mr. McDonald: Mr. Chairman, I'd tike to make the following motion: The following resolution was adopted: WHEREAS, Dalchet Corp. is the owner of the property known and designated as SCTM# 1000-97-6-17 & 103-1-20.5 and William Orlowski & Lorraine Orlowski are the owners of SCTM# 1000-103-I-20.6 located on the west side of Harbor Lane In Cutchogue; and WHEREAS, this proposed major subdivision, to be known as Harbor Park Homes, is for 5 lots on 9.04 acres; and WHEREAS, a variance for proposed lot # 3 was granted by the Zoning Board of Appeals on May 7, 1992 (Appl # 4070); and Southold Town Planning Board 4 October 3, 1994 WHEREAS, the Southoid Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on October 20, 1992; and WHEREAS, a Declaration of Covenants and Restrictions has been recorded in the office of the County Clerk in accordance with the Planning Board's requirements; and WHEREAS, an IrreVocable Offer of Dedication has been filed in the Town CleriCs office in regard to the land area designated on said subdivision as "Reserved for possible future road" located on lot # 3; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on September 12, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the follow conditions; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated July 27, 1994 subject to fulfillment of the following condition. Condition must be met within six (6) months of the date of this resolution: 1. The park and playground fee, in the amount of $10,000.00 (two thousand dollars per vacant lot), must be submitted. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Orlowski: I abstain, for reasons previously given. Mr. Ward: OK, Mr. Odowski has noted his abstention. MrCCFard~~TThis majo~lots~n '8.0084 acres located ont~hh ' o and__the North side of Willow T_errace~c~L~Ortent. SCTM# lO00-26-2-:~9.10.--W~thepteasu~e of the uoaf'd? PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 October 4, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Proposed Major Subdivision for Harbor Park Homes SCTM# 1000-97-6-17 and 103-I-20.5 & 20.6 Dear Mr. Lark: The following took place at a meeting of the Southold Town Planning Board on Monday, October 3, 1994: The following resolution was adopted: WHEREAS, Dalchet Corp. is the owner of the properly known and designaLed as SCTM# 1000-97-6-17 & 105-I-20.5 and William Orlowsld & Lorraine Oflowsld are the owners of SC1M# 1000-105-1-20.6 located on the west side of Harbor Lane in Cutchogue; and WHEREAS, this proposed major subdivision, to be known as Harbor Park Homes, is for 5 lots on 9.04 acres; and WHEREAS, a variance for proposed lot # 5 was granted by the Zoning Board of Appeals on May 7, 1992 (Appl # 4070); and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared Itself lead agency and issued a Negative Declaration on October 20, 1992; and Page 2 Harbor Park Homes September 13, 1994 WHEREAS, a Declaration of Covenants and Restrictions has been recorded in the office of the County Clerk in accordance with the Planning Board~ requirements; and WHEREAS, an Irrevocable Offer of Dedication has bccn filed in the Town Clerk-~ office in regard to the land area designated on said subdivision as · Reserved for possible future road" located on lot # :5; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold. New York on September 12, 1994; and WHEREAS, all the requirements of the SubdNision Regulations of the Town of Southold will be met upon fulfillment of the follow conditions; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated July 27, 1994 subject to fulfillment of the following condition. Condition must be met within six (6) months of the date of this resolution: 1. The park and playground fee, in the amount of $10,000.00 (two thousand dollars per vacant lot), must be submitted. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 September 26, 1994 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Melissa Spiro, Planner RE: Subdivision for "Harbor Park ~omes" SCTM #1000-097.00-06.00-017.000 and SCTM ~1000-103.00-01.00-020.005 and 020.006 Dear Ms. Spiro: In connection with the above-captioned matter, I am enclosing two mylars and six paper prints of the Subdivision Map of Harbor Park Homes prepared by Roderick Van Tuyl, P.C. dated July 27, 1994. It is my understanding this matter is on the Planning Board agenda for October 3, 1994. RFL/bd Enclosures Very~y yours, P.S. Pursuant to your request I ~ enclosing a copy of the Declaration of Covenants and R~strictions as required by the suffolk County Depa~L~nt of Health Services dated Ju~ 16, 1994. BOXES 5 THRU 9 MUST BE TYPED ~ PRINTED IN BLA~'-~NK ONLY ~OR TO RECORDING OR 1 I SUFFOLK COUNTY CLERK 11684 031 TORRENS Serial # Certificate # Prior Cfi# Deed / Mortgage Instrument 41 Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) ILP. T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 21 OR: 5__00_ FILING. Deed ! Mortgage Tax Stamp pLANNING BOgRD Sub Total b Total Real Properly Tax Service Agency Verification Dist Section Block Lot 017.000 1000 097.00 06.00 1000 103.00 01.00 020.005 1000 103.00 01.00 FEE PAID BY: Cash 020.006 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. SONYMA lSuh Total 3. Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page 0. of this instrument. Title Company Information N/A Comlmny Name N/A Title Number __ Check X Charge.__ Payer same as R & RX RICHARD F. LAt~K ATI'ORNEY AT LAW Main Road - P.O. Box 973 Cutchogue, NY 11935 RECORD & RETURN TO Suffolk County Recording & Endorsement Page This page forms part of the attached DALCHET CORPORATION and WILLIAM ORLOWSKI and LORRAINE ORLOWSKI Declaration of Covenants and Restrictions made by: (Deed, Mo~gage, etc.) Tine premises herein is situated in SUFFOLK COUNTY, NEW YORK, In the TOWN of Southold In the VILLAGE or HAMLET of Cutchosue DECLARATION OF COVENANTS AND RBSTRICTIONS THIS DECLARATION made this 16th day of June, 1994, by DALCHET CORPORATION, a domestic corporation with office at 235 Pequash Avenue, Cutchogue, New York 11935, and WILLIAM ORLOWSKI and LORRAINE ORLOW~KI, residing at 218 Carlton Road, Millington, New Jersey 07946, hereinafter referred to as the DECLARANTS, as the owners of the premises described in Schedule A ' annexed hereto (hereinafter referred to as the PREMISES) desire to restrict the use and enjoyment of said PREMISES and has for such purposes.determined to impose 6n said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for approval of a five lot subdivision known as "Harbor Park Homes", #92-273, on the PREMISES. 2. WHEREAS, DECLARANTS appeared before the Board of Review requesting a variance to be able to utilize shallow wells which do not conform to the depth requirements of the Suffolk County Sanitary Code and WHEREAS the Board of Review of the County of Suffolk Department of Health ~ervices granted a waiver by Page 2 of 11 letter dated May 26, 1994, attached hereto and made a part hereof, provided a covenant is filed, and the DECLARANTS, their successors, heirs or assigns, agree and covenant: (a) To hold harmless, indemnify and defend the County of Suffolk, its employees, officers, or agents from any claim for damages or injuries that may arise out of the installation or use of such shallow wells. (b) To install wa~er conditioning equipment at the time of construction on each lot if the well water supply for that lot has contamination in excess of the minimum drinking water standards and/or guidelines of the State of New York, and to file additional covenants at that time, as required by the DEPARTMENT. 3. DECLARANTS, their successors, heirs or assigns, further agree and covenant: (a) That there shall be no further division of the ~REMI~ES unless public water is extended and all of the lots are ~onnected to public water. (b) To connect all of the lots to a public water supply, ipon a public water main being extended within 150 feet from the ~REMISES. 4. The DECLARANTS, their successors and/or assigns shall set !orth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above ~escribed property and shall, by their terms, subject same to Page 3 of 11 the covenants and restrictions contained herein. Failure of the ~ECLARANTS, their successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the ovenants and restrictions. 5. All of the covenants and restrictions contained herein hall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, )rdinances, and/or regulati6ns in effect at the time of execution )f this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 6. This document is made subject to the provisions of all Laws required by law or by their erein and they are deemed to 6e ,art hereof, as though fully set provisions to be incorporated incorporated herein and made a forth. 7. The aforementioned Restrictive Covenants shall be ~nforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 8. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANTS, their successors and assigns, and upon all persons or entities claiming under them, Page 4 of 11 and may be terminated, revoked or amended ~ only with the written consent of the DEPARTMENT. 9. If any section, subsection, paragraph, clause, phrase or rovision of these covenants and restrictions shall, by a Court ,f competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or ,rovision hereof other than the part so adjudged to be illegal, nlawful, invalid, or unconstitutional. 10. Local Law #32-1980 - The DECLARANTS represent and ~rrant that they have not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. DALCSET CORPORATION Chester Orlowski, President William Orlo~ski Lorraine Orlowski Page 5 of 11 iTATE OF NEW YORK: : OUNTY OF SUFFOLK: ss. On this 17th day of June, HESTER ORLOWSKI to me known, 1994, before me personally came who, being by me duly sworn, id depose and say that he resides at 235 Pequash Avenue, Cutchogue, New York; that he is the President of DALCHET CORPORATION, the corporation described in, and which executed the foregoing instrument,' that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board said corporation, and that he signed his name of directors of thereto by like order. Notary Public STATE OF ~W JERSEY: iCOUNTY OF MORRIS : On this 16th day of June, 1994, before me personally came WILLIAM ORLOWSKI and LORRAINE ORLOWSKI to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. /~otar~Public Page 6 of 11 Stm~DULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of Mew York, bounded and described as follows: ~ BEGINNING at a point on the westerly line of Harbor Lane, 675.0 feet southerly along said westerly line from the Main Road (N.Y.S. Route 25); thence from said point of beginning running along said westerly line of Harbor Lane the following two (2) courses and distances: (1) South 33° 45' 10" East 77.45 feet; and (2) South 25u 15' 30" East 419.70 feet to land of Lademann; thence along said last mentioned land the following three (3) courses and distances: (1) South 64u 44' 30" West 190.0 feet; (2) South 25u 15' 30" East 200.0 feet; and (3) North 64° 44' 30" East 190.0 feet to the westerly line of Harbor Lane; thence along the westerly line of Harbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said last mentioned land South 64° 44' 30" West 140.0 feet to a pipe; thence still along land of Dobek and land of Januick, Lindblad, Teevan and Martin South 25" 15' 30" East 490.25 feet to a pipe; thence still along land of Martin North 82° 01' 10" East 175.86 feet to the westerly line of Harbor Lane; thence along the westerly line of Harbor Lane the following two (2) courses and distances: (1) South 38° 56' 20" East 43.03 feet; and (2) South 7° 58' 50" East 113.10 feet to land of White; thence along said last mentioned land South 32Q 01' 10" West 140.0 feet to a pipe; thence still along land of White and land of Hommel South 7° 58' 50" East 250.0 feet to a monument and land of Sowinski; thence along said last mentioned land North 87° 49' 50" West 314.82 feet to a monument and land now or formerly of Pung; thence along said last mentioned land the following four (4) courses and distances: (1) North 2° 10' 10" East 346.51 feet; (2) North 23" 44' 50" West 508.89 feet; (3) North 24° 38' 50" West 580.63 feet; and (4) North 34° 44' West 48.79 feet to a monument and land of Rakowicz; thence along said last mentioned land North 56" 14' 50" East 305.47 feet to a monument on the westerly line of Harbor Lane at the point or place of BEGINNING. Page 7 of 11 COUNTY OF SUFFOLK DE:PAIqTME:NT OF HEALTH SERVIC:I=$ Mr. Chester Orlowsk,; President Dalchet Corporation 235 Pequash Avenue Cutchogue, New Yo~k 11935 May 26, 1994 Dear Mr. Odowski: Subject: Board of Review Hearing - May 19, 1994 Proposed Subdivision of Harbor Park Homes b~2-273, Town of $outhold, SCTM 1000-97-6-17; 103-I-20.5 and 20.6. Enclosed is a copy of ,the Board of Review's f'mdings, recommendations and determination concerning the subject aPPlication. Based on the information submitted, the Board granted th~ request for variance with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibiliv] to ensure that your application is complete; o~herwise, your approval will be subject to unnecessary delay. Very truly yours, Dennis Moran, P.E. Chairman Board of Review DM/Ir Enclosure cc: Board of Review File - Riverhead Ms. Susan D. Windesheim Mr. Frank Dowling, Sr. Planner Mr. Peter R. Akras, P.E. Richard F. Lark, Esq./ Roy Dra~otts, Esq. Town of $outhold Planning Board Page 8 of 11 To: SV~O~.K cou~rlX rmp~m~rr OF I-m~va s~ ~ ~g,~,~.~,,~rs DMSION OF ENVIRONMENTAL QUALrrY X.i~le 2, Se~,ion 760-~20, Suffo~ County S~t~ C~.r tS I0 ~ ~'l 'gl Mary E. Hibherd, M.D., M.P.H. Commissioner From: Dennis Moran, P.E. Chairman, Board of Review Report of Findings and Recommendations of the Review Board Regarding: Proposed Subdivision of Harbor Park Homes ~)2-273, Town of Southold, St;IM 1000-97-6-17; 103-1-20.5 and 20.6. Applicant: Chester Orlowski, President, DaJchet Coq~oration, 235 Pequaab Avenue, CutchogU% N.Y. 11935 Notice of Hearing: May 3, 1994 Hearing .Dam: May 19, 1994 A community type water system is requi~d when a malty subdivision is located in an area where groundwaters ave non-potable or potentially hazardous in accordance with the requirements of Article 6, Section 706-606 A.4 of the Suffolk County Sanitary Code. 1. Proposed development of a 9.04 acre parcel into five 73,904 square feet to 80,000 square feet. 2. Site is in Groundwater Management Zone #IV. lots ranging in siz~ ftxnn 3. Area is zoned R-80 and R-40. 4. Public water is not available. Nearest public water main is several miles fxom the site. 5. Depth to groundwater is about 17 feet. 6. Soils ate silty loam 0-4 feet; sand/gravel 4-17 feet. 7. Average lot size is 73,7~0 square feet. Page 9 of 11 Mary E. Hibberd, M.D., M.P.H. Page Two Subject: Report of Findings and Recommendations of the Review Board Regarding: Proposed Subdivision of Harbor Park Homes ~92-273, Town of Southold SL'rM #1000-97-6-17; 103-1-20.5 and 20.6. Findings and Facts (cont'd} o Proposal is 197% of depmt.~ent standards. Initial test well information indicated nitrate level exceeded standard. Test wells were subsequently installed on all five lots. Test well #3 contained 8.4 mg/l of aldicarb, test well ~ and test well #5 had levels of dichloroaifluoromethane (18 ppb and 110 ppb). Wells ~4 and #5 were repositioned and retested on 4/4/94-test results indicated acceptable water quality. 10. Test wells have total depths of 45-55 with 22-32 feet of water in well casing. 11. AppLicant testified that town approvals have been grantecL 12. It was noted that a minimum horizontal separation of 200 feet can be maintained between wells and sanitary leaching pools. 13. Applicant has owned property since 1961. Detenninntlon It was a 3 to 0 detennination of the Board to grant the request for the variance, provided that ail lots are covenanted, in language acceptable to the County Attorney, that there will be no f-triter subdivision without public water and that appropriat~ treatment will be provided, if necessary, at the time of application to construct. Date Dennis Moran, P.E., C~a~hman DlVl/Lr Page 10 of 11 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town HalF, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES September 12, ]994 Present were: Absent: Richard G. Ward, Chairman Mark McDonald G. Ritchie Latham Kenneth Edwards Bennett Orlowski, Jr. Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha A. Jones, Secretary Valerie Scopaz, Town Planner Mr. Ward: Good evening. I'd like to call the September 12, 1994 Southold Town Planning Board meeting to order. The first order of busines is setting of the next Planning Board meeting. Board to set Monday, October 3, t994 at 7:30 p.m. at the Southold Town Hall, Main Rd., Southold as the time and place for the next regular Planning Board meeting. Is there a second? Mr. Orlowski: So moved. Mr. Ward: Second. Ail in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. PUBLIC HEARINGS Mr. Ward: 7:30 p.m. Harbor Park Homes;This major subdivision is for 5 lots on 9.04 acres located on the west side of Harbor Lane; 675 feet south of Main Stat Rd. in Cutchogue. SCTM~ 1000--97-6--17 and 103--1--20.5 & 20.6. Is the applicant here this evening, or a representative? Mary Lou Folts: Mary Lou Folts for Richard Lark and the applicant. We would just like to ask that the Board approve the final map on the subdivision. I think we have co~plied with all your requests. I believe we just need to.put Southold Town Plannil :~bember 72, 1994 the information regarding the covenant on the final maps and mylars and submit them to you. Mr. Ward: Any other comments regarding this subdivision? John Latiman: 1200 Harbor Lane, Cutchogue. I have no objections to the development. The only thing, there is a 50 foot right of way between myself and my south neighbor and I'd just like to find out if that's going to be a right of way or is it just going to be a private road, a Town road, and also that the drains be brought up to Town specification, before we have a serious accident there. Mr. Ward: That's a 50 foot strip in there that's reserved for a possible future road. It's not to be developed at this time. Mr. Latiman: My question is, is it a right of w~y that we ban use or not? I've been using it for 78 years and mowing the grass on it I ~now it belongs to Mr. Orlowski, but my driveway was set up that I could go out - it w-as set up to be a To~a road years ago, and is it going to be_ able to be used or not? That's my question. Mr. Ward: Do you presently have a right of way over it? Mr. Latiman: No, but we've used it. It was set up as a right of way. Maybe Mr. Orlowski can explain it. Mr..Ward:~ Would the applicant like to address that question? In regard to the drainage, the Town Engineer has reviewed and inspected what was put in along the road. That was put in apparently already. Mr. Latiman: I suggest that the Town Engineer re-inspect it before somebody gets hurt. They're on Town property, the Town's going to be responsible. Mr. Ward: What problems did you see? Mr. Latiman: Every rain storm it washers in. It should be put in...a kid has already gone over the handlebars on a bicycle there. All I'm asking is that it be in according to Town specifications. Mr. Ward: We'll have it r-inspected then. Thank you. Mary Lou Folts: As to the use of the property, Mr. Latiman has been using it and we have no objections to it. It's more in form I guess, of a license agreement, if you would. He's not given a perpetual easement over it but, if he's not asking for it, I'm sure that it would just work out (inaudible) for him to continue to use. Mr. McDonald: You're telling him you don't have a license, which means he doesn't have a right to use it. He can only use it as long as you tell him it's OK to use it. Does he understand that that's what you're saying? Mary Lou Folts: If it's revocable by the Orlowski's, but they're saying they Southold Town Planni~oard 3 ]2, ~994 have no problem with him as a neighbor using it. He's been using it. If the Town asks for it, that it be a possible future road which we would dedicate to the Town, it would then be a Town road and you would have the use of that. It's up to the Town if they want it dedicated. Mr. McDonald: You already have a couple hundred feet of frontage on the road already. The purpose of this piece on the sld is...what does that do for you that you don't hav~ now? Mr. Latiman: To get to the rear and also (inaudible). Mr. Ward: Eventually, if there is any further development in the area, that there's a possibility that it would become a road and there's and irrevocable ~uarantee that the Town could take it in the future or it could be developed as a road. At this point, there's no intent to do it. We'll check into the drainage there also. Any further cor~aents? Any con~ents from the Board? What's the pleasure of the Board? Mr. McDonald: I move that we keep the hearing open. Mr. Ward: Is there a second? Mr. Iatham: I'll second that. Mr. McDonald: Any discussion? I only made that motion so that we could discuss it. We could proceed on the basis of our original assumption to close it and hope that we're done in time to have a resolution on it within the 62 day limit, or hold it open. Can we qet it done in 62 days? If we can, we can close it. Mr. Ward: ! don't !{now what would bold it up at this point. Mr. McDonald: Alrlqht, I'll withdraw my motion, and make a motion to close the hearing. Mr. Latham: Second. Mr. Ward: OK, motion seconded to close the hearing. Ail in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Orlowski: Note that I abstain for reasons previously g]ven. MAJOR AN{~MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Setting of Fina~t~ings Mr. Ward: A-_l~r_~-~--~s proposal is to set off a 62,3]5 square foot parcel from aj~=~xl§ting ]8.89a~acr~ parcel located on Main Bayview Rd. in Sou%.hotd;- ~CTM~ !000--78--1--]0.19. ~rat~{ the pleasure of the Boardo PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 13, 1994 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Proposed Major Subdivision for Harbor Park Homes SCTM# 1000-97-6-17 and 103-1-20.5 & 20.6 Dear Mr. Lark: The following took place at a meeting of the Southold Town Planning Board on Monday, September 12, 1994: The final public hearing, which was held at 7:30 p.m., was closed. The Planning Board will review the issues raised at the hearing, prior to the next public meeting on October 3, 1994. Please contact this office if you have any questions regarding the above. Sincere/y, Richard G. Ward Chairman cc: Zoning Board of Appeals PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Oflowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE 19 TOWN OFSOUTHOLD James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name= Tax Map No.: Street Location: Hamlet Location: Type of APPlication: Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map Road Profiles (Dated / / ) (Dated / / ) (Dated / / ) (Dated / / ) / / ) Gradinq and Drainage Plans (Dated Other (D~ted / / ) Sketch Site Plan (Dated / / ) (Dated / / ) Preliminary Site Plan Grading and Drainage Plans (Dated Other ( Dated Comments:~,~ !~$+ ~,~l~'q ~ ~,¢~q¢~tkx~ rcn'~fp% PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Judith T. Terry, Town Clerk FROM: Melissa Spiro, Planner~ RE: Irrevocable Offer of Dedication for Harbor Park Homes Harbor Lane, Cutchogue SCTM~ 1000-97-6-17 and 103-1-20.5 and 20.6 DATE: September 13, 1994 The Planning Board required, as a condition of subdivision approval, that the subdivider offer the Town an irrevocable Offer of Dedication for a fifty (50) foot wide right-of-way as shown on the above mentioned subdivision map. I have enclosed the Offer of Dedication to be filed with the Town's records until such time that the Town wishes to accept the Offer of Dedication. enc. lC ~' I -,'2.C.S., :2.0, ~ OFFRR OF DEDICATION THIS OFFER OF DEDICATION, dated August 25, 1994, made by DALCHET CORPORATION, a domestic corporation having its principal place of business at 235 Pequash Avenue, Cutchogue, New York 11935 and WILLIAM ORLOWSKI and LORRAINE ORLOWSKI, residing at 218 Carlton Road, Millington, New Jersey property shown on the Subdivision Map of at Cutchogue, Town of Southold, New York, 07946, owners of the "Harbor Park Homes" prepared by Roderick Van Tuyl, P.C. on July 27, 1994, which map is to be filed in the Suffolk County Clerk's Office, covering premises at Cutchogue, Town of Southold, Suffolk County, New York. OALCHET CORPORATION, WILLIAM ORLOWSKI and LORRAINE ORLOWSKI offer to convey and cede fee title to the Town of Southold of the land area designated on said subdivision as "Reserved for possible future road" located on Lot NO. 3 and more fully described on Schedule A annexed hereto, for the purpose of future road dedication to the Town of Southold, to the extent that the same is shown on said subdivision map and for the foregoing purposes. This Offer of Dedication is intended for present or future acceptance and is irrevocable. kk~x~x~x~k~x~R~x~x~x~R~x~x~x~x~x~&x~x~ =~x~x~x~Mxx~Kx~RR~x~x~x~mx~xa~x~Kxa~RxKa~ 5l~Kx~x~x~k~x~f~k~R~k~xma~x This Offer of Dedication is intended to be binding on all present and future owners, their heirs successors and assigns. ' DALCHET CORPORATION Chester Orlowski, President Wil l~iam Orlowski Lorraine Orlowski -2- STATE OF ~EW YORK: : Ss. COUNTY OF SUFFOLK: On this ~ day of August, 1994, before me personally came CHESTER ORLOWSKI to me known, who, being by me duly sworn, did depose and say that he resides at (no #) Pequash Avenue, Cutchogue, New York; that he is the President of DALCHET CORPORATION, the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public STATE OF NEW JERSEY: :ss. COUNTY OF MORRIS : On this ~ day of August, 1994, befoue me personally came WILLIAM ORLOWSKI and LORRAINE ORLOWSKI to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. ~otary Public GINA MARIE NICHOLAS NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES JUNE 22, t999 -3- SCHEDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of $outhold, County of Suffolk and State of New York, being more particularly bounded and described as follows: i,~ BEGINNING at a point on the westerly line of Harbor Lane at the southeasterly corner of land of Lademann, and running thence along said Harbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said land and along other land of Dalchet Corporation South 64° 44' 30" West 313.66 feet to land now or formerly of Pung; thence along said land North 23° 44' 50" West 50.02 feet to other land of Dalchet Corporation; thence alonq said land and along said land of Lademann North 64° 44' 30" East 312.34 feet to the point of BEGINNING. OFFER OF DEDICATION THIS OFFER OF DEDICATION, dated August 25, 1994, made by DALCHET CORPORATION, a domestic corporation having its principal place of business at 235 Pequash Avenue, Cutchogue, New York 11935 and WILLIAM ORLOWSKI and LORRAINE ORLOWSKI, residing at 218 Carlton Road, Millington, New Jersey 07946, owners of the property shown on the Subdivision Map of "Harbor Park Homes" at Cutchogue, Town of Southold, New York, prepared by Roderick Van Tuyl, P.C. on July 27, 1994, which map is to be filed in the Suffolk County Clerk's Office, covering premises at Cutchogue, Town of Southold, Suffolk County, New York. DALCHET CORPORATION, WILLIAM ORLOWSKI and LORRAINE ORLOWSKI offer to convey and cede fee title to the Town of Southold of the land area designated on said subdivision as "Reserved for possible future road" located on Lot NO. 3 and more fully described on Schedule A annexed hereto, for the purpose of future road dedication to the Town of Southold, to the extent that the same is shown on said subdivision map and for the foregoing purposes. This Offer of Dedication is acceptance and is irrevocable. intended for present or future ~KX~X~RX~X~kKkSi~HXmKpX This Offer of Dedication is intended to be binding on all present and future owners, their heirs successors and assigns. ' DALCHET CORPORATION Chester 0rlowski, President / William Orlowski Lorraine Orlowski -2- STATE OF NEW YORK: : Ss. COUNTY OF SUFFOLK: On this ~ day of August, 1994, before me personally came CHESTER ORLOWSKI to me known, who, being by me duly sworn, did depose and say that he resides at (no #) Pequash Avenue, Cutchogue, New York; that he is the President of DALCHET CORPORATION, the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public STATE OF NEW JERSEY: COUNTY OF MORRIS : On this ~ day of August, 1994, before me personally came WILLIAM ORLOWSKI and LORRAINE ORLOWSKI to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. gotary Public GINA MARIE NICHOLAS NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES JUNE 22. 1999 --3-- SCI~EDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~< BEGINNING at a point on the westerly line of Harbor Lane at the southeasterly corner of land of Lademann, and running thence along said Harbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said land and along other land of Dalchet Corporation South 64° 44' 30" West 313.66 feet to land now or formerly of Pung; thence along said land North 23° 44' 50" West 50.02 feet to other land of Dalchet Corporation; thence along said land and along said land of Lademann North 64° 44' 30" East 312.34 feet to the point of BEGINNING. LEGAL NOTICE Notice of Public Heazin~ IS HEREBY a publ~ New Ymk'ln 'lbwt~ on the 12th day o ]~ on the 7:~ E~ Final public h~ for t~ pm~ ma- jor su~ivtsion for H~r ~k ~ i~ ~u~ Town of ~t~ld, County of Su~,'=~. of N~ Map~ '1~-~17 ~d !~1~.5 on t~ ~h ~ ~ n~ or fo~y ~ ~ on ~e now or fot~rly of ~ ,~ ~d~ or fo~l~ ~ ~, ~ oF~y of L~,~I~ n~or f~ Of ~ ~ ~d n~ ~ f~y~ ~ ~in, ~ ~ ~:'~efly of W~ ,~ ~ ~ ~ or f~ly Of H~I on ~he ~h ~ l~d now or ~ ~e:~ .~d n~or ~ ~ t~ ~e m~ter ~ O~ OF ~E ~OUTNO~ ~N IX-9/I/~ COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn says that she is the Editor, of th: TRAVELER-WATCHMAN, a publi, newspaper printed at Southold, i~ Suffolk County; and that the notic: of which the annexed is a printe, copy, has been published in sai, Traveler-Watchman once each wee] for ...................... /. ...... week~ commencing on th: Swan to before me on thi: · ./.; ..... day of ............. . ............... , 19,./ Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State o{ New York No. 4806~48 Qualified in Suffolk Coenly Commission Expires ~/.9//?~ SEP ? 199a $OUTHOLD TOWN PLANNING BOARD RICHARD F, LARK ATTORNEY AT I_AW September 1, 1994 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: RE: Nelissa Spiro, Planner Subdivision for "Harbor Park Homes" SCTM #1000-097.00-06.00-017.000 and SCTM 91000-103.00-01.00-020.005 and 020.006 Dear Ns. Spiro: In connection with the above-captioned matter, I am enclosing an Offer of Dedication for the area designated as "Reserved for possible future road" which has been executed by the necessary parties. I would appreciate at the final public hearing on September 12, 1994 that this matter be placed at the end of your agenda. RFL/bd Enclosure Ve~y~ruly yours, SEP 6 IgDI SOUTHOLD TOWN PLANNING BO,~RD OFFER OF DEDICATION THIS OFFER OF DEDICATION, dated August 25, 1994, made by iDALCHET CORPORATION, a domestic corporation having its principal place of business at 235 Pequash Avenue, Cutchogue, New York 11935 and WILLIAM ORLOWSKI and LORRAINE ORLOWSKI, residing at i218 Carlton Road, Millington, New Jersey 07946, owners of the Iproperty shown on the Subdivision Map of "Harbor Park Homes" at Cutchogue, Town of Southold, New York, prepared by Roderick Van Tuyl, P.C. on July 27, 1994, which map is to be filed in the Suffolk County Clerk's Office, covering premises at Cutchogue, Town of Southold, Suffolk County, New York. DALCHET CORPORATION, WILLIAM ORLOWSKI and LORRAINE ORLOWSKI offer to convey and cede fee title to the Town of Southold of the land area designated on said subdivision as "Reserved for possible future road" located on Lot No. 3 and more fully described on iiSchedule A annexed hereto, for the purpose of future road idedication to the Town of Southold, to the extent that the isame is shown on said subdivision map and for the foregoing ipurposes. .! This Offer of Dedication is intended for present or future i~acceptance and is irrevocable. The undersigned represent that I!they are the sole owners of the property shown on said subdivision map and covenant and agree to reserve to themselves the right to ~convey to the Town of Southold for such purposes all of such land [.. PI ~i~'I~G ~area or easement or interest therein No. 3 on said subdivision map. in the conveyance of Lot DALCHET CORPORATION Chester Orlowski, President wsklWllllam Lorraine Orlowski -2- LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Soud~ld Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 12th day of Seplember, 1994 on the ques- tion of the following: '1:30 P.M. Final public hearing for the proposed major subdivision for Harbor Park Homes, in Cutchogge, ~ of Southold, County of Suffolk, State of New York. Suffolk County "r~x bLap Number 1000-97-6-17 ~nd 103-1-~0.$ & 20.6. The property is bordered on the ~orth by land now or formerly of ]lakowicz; on the east by Harbor Lane, by land now or formerly of Ladem~n, by }sl~d now or formerly of Dob~t, by ~ now or formerly of Januick, by now or formedy of Lindblad, by now or formerly of Teevan, by ~ now or formerly of Martin, by land ~ow or formerly of White, and by land now or formerly of Hommel; on thc south by land e~w or form~y of Sowimki; and on the west by land now ~r formerly of Pung. ~ August 29, 1994 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Richard G. Wa'd, Clmirman STATE OF NEW ~YORK) COUNTY OF SUFF~OLK ~SS: ~of Mattltuek, in said County, bein~ duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southuld, County ot Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for , ] weeks mlm~ng on the [ day Of Pu~. le,,~N~ V~t . Principal Clerk ~mmlss~n Expires No~ ~, l~./. I~ J No~ Public Sworn~t~ fore me this day of~.~~ PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 23, 1994 Richard F. Lark Attorney at Law P.O. Box 973 Cutchogue, NY 11935 Re: Proposed Major Subdivision for Harbor Park Homes SCTM# 1000-97-6-17 and 103-1-20.5 & 20.6 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 22, 1994: BE IT RESOLVED that the Southold Town Planning Board set Monday, September 12 1994 at 7:30 p.m. for a final public hearing on the maps dated July 27, 1994. Please contact this office if you have any questions regarding the above. Sincerely, Richard O. Ward //~-~ Chairman LONe ISLAND LI(~HTIN(~ COMPANY Direct Dial Number: 548-7031 December 22, 1993 Mr. Chester Orlawski P. O. Box 949 Cutchogue, NY 11935 RE: LILCO Ref. ~74113-340 "Harbor Park Homes" Cutchogue Dear Sir: We are in receipt of your map of "Harbor Park Homes" situated in the hamlet of Cutchogue, Town of Southold, County of Suffolk and State of New York. As you are probably aware, simce 1971 the Public Service Commission rulings require that our Company, along with all other electric utility companies in the State of New York, will be required to serve future developments of five or more houses with underground elect/~-~ervice. We are enclosing a Request for Underground Electric Service form which must be completed by you and returned to this office. Upon receipt of this application form, we shall be pleased to prepare and forward to you plans and costs, if any, applicable to this installation. Please provide us with 4 additional surveyor's prints of the development. We shall be pleased to provide underground electric service in accordance with our filed tariff and schedule in effect at the time service is required. Please also be advised that it is the applicant's obligation to provide us with acceptable rights-of-way or easements which are required to reach your subdivision. Very truly yours, Mary ~. Genoy ff Design Engineer Electric Design & Construction Eastern Suffolk Division MMS/rh FC- EI689.4-$5 HRU 9 I~UST BE TYPED O 'oLK couNTY CLERK pages TORRENS Mortgage Instrument ~INTED !N BLACK,INK ONLY PI~. Deed ! Mortgage Tax Stamp Recording / Filing Stamlls FEES 4 .'- [ 17 (County) Sub Total ~r. (State) i. of Ed. 5 . 00 fled Copy Copy Sub Total ~ · ~ Real Pro ~erty Tax Service A ney Verification 6 Section Block )~.~ Lot 017.000 097.00 [ 06.00 103.00 01.00 103.00 I 01.00 Check X Charge Dist 1000 111000 0__ o0 F~EE PAW BY: Cash Payer same as R & R 020.005 020.006 Mortgage Amt. 1. Basic Tax 2. SONYMA ' Sub Total 3. Spec./Add. TOT. MTG. TAX Dual Town Dual County = Held for Apportionment == Transfer Tax Mansion Tax The pruperty covered by this mort is or will be improved by a one or: family dwelling only. YES or NO If NO, see apprupriate tax clause ! page # of this instrumen Title Company Information N/A Company Name N/A Title Number ., RICHARD F. LARK / ATTORNEY AT LAW Main Road - P.O, Box 973 , Cutchogue. NY 11935 RECORD & RETURN TO Suffolk County Recording & Endorsement Pag- Declaration of Covenants and This page forms part of the attached Re.s~rlctions made by: (Deed, Mortgage, etc.) ,CHET CORPORATION and WILLIAM ~OWSKI and LORRAINE ORLOWSKI The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of Southold In the VILLAGE or HAMLET of Cutchogue Page 1 of 8 ~ECLA~ATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 16th day of June, 1994, by DALCHET ORPORATION, a domestic corporation with office at 235 Pequash ~venue, Cutchogue, New York 11935, and WILLIAM ORLOWSKI and LORRAINE ORLOWSKI, residing at 218 Carlton Road, Millington, New Jersey 07946, hereinafter called the Declarants. WHEREAS, the Declarants have title to certain land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, said land hereinafter being more particularly described in Schedule A attached hereto; and WHEREAS, the Planning Board of the Town of Southold did on January 11, 1993 grant preliminary approval on the parcel of land described in Schedule A into a major subdivision of five lots to be known as "Harbor Park Homes" made for Dalchet Corp. at Cutchogue, Town of Southold, N.Y. WHEREAS, the Planning Board of the Town of on January 11, 1993, there should be placed on following covenants and restrictions: set Southold resolved the subdivision the 1. Lot No. 3 shall contain the following restrictions: (a) The following described portion of Lot No. 3 is aside for a future road in the event the property to the west is developed: ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~ BEGINNING at a point on the westerly line of Harbor Lane at the southeasterly corner of land of Lademann, and running thence along said Harbor Lane South 25" 15' 30" East 50.0 feet to land of Dobek; thence along said last mentioned land and land of Dalchet Corporation South 64u 44' 30" West 313.66 feet to land now or formerly of Pung; Page 2 of 8 thence along said last mentioned land North 23u 44' 50" West 50.02 feet to land of William and Lorraine Orlowski; thence along said last mentioned land and land of Lademann North 64" 44' 30" East 312.34 feet to the westerly line of Harbor Lane and the point or place of BEGINNING. Ail improvements and costs of the road shall be borne by the Fown of Southold or the then owner of a major subdivision to the Nest at the time it is utilized as a road. (b) The area on the northerly side of the above-described ~roperty set aside for a future road shall not be considered a ~uilding lot and is more particularly described as follows: ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ,~ BEGINNING at a point which is the southwesterly corner of land of Lademann, and which is point is South 64° 44' 30" West 190.0 feet from the south- easterly corner of land of Lademann and the westerly line of Harbor Lane; running thence from said point of beginning South 64" 44' 30" West 122.34 feet to land now or formerly of Pung; thence along said last mentioned land North 23" 44' 50" West 59.64 feet along land of William and Lorraine Orlowski; thence along said last mentioned land North 64° 44' 30" East 121.08 feet to land of Lademann; thence along said last mentioned land South 25" 15' 30" East 82.10 feet to the southwesterly corner of land of Lademann and the point or place of BEGINNING. (c) The area on the southerly side of the above-described property set aside for a future road contains a building envelope as shown on the subdivision map. The area within 60 feet south of the property set aside for a future road, which southerly property line is described as South 64u 44' 30" West 173.66 feet, shall be considered the front yard of Lot No. 3; the area within 75 feet north of the southerly property line of Lot No. 3, which is described as South 64° 44' 30" West 180.83 feet, shall be considered the rear yard of Lot No. 3; and the area within 60 feet Page 3 of 8 test of the easterly property line of Lot NO. 3, which is described as South 25" 15' 30" East 272.25 feet, shall be considered a side yard of Lot No. 3. 2. Lot No. 4 contains a building envelope as shown on the subdivision map and shall have the following restrictions: (a) The area within 60 feet north of the southerly property line of Lot No. 4, which is described as North 58u 33' 10" East 309.27 feet, shall be considered the front yard of Lot No. 4; the area within 75 f~et south of the northerly property line of Lot NO. 4, which is described as South 64" 44' 30" West 180.83 feet, shall be considered the rear yard of Lot No. 4; and the area within 60 feet west of the easterly property line of Lot No. 4, which is described as South 25" 15' 30" East 218.00 feet, shall be considered a side yard of Lot No. 4. 3. Lot No. 5 contains a building envelope as shown on the subdivision map and shall have the following restrictions: (a) The area within 60 feet south of the northerly property line of Lot No. 5, which is described as North 58v 33' 10" East 309.27 feet, shall be considered the front yard of Lot No. 5; the area within 75 feet north of the southerly property line of Lot No. 5, which is described as North 87" 49' 50" West 314.82 feet, shall be considered the rear yard of Lot No. 5; and the area within 60 feet west of the easterly property line of Lot No. 5, which is described as South 7" 58' 50" East 250.0 feet, shall be considered a side yard of Lot No. 5. These Covenants and Restrictions can be modified only at the request of the then owner of the premises, with the approval of the Planning Board of the Town of Southold, after a public hearing. Adjoining property owners shall be entitled to a notice Page 4 of 8 )f such public hearing, but their consent to such modification 3hall not be required. DECLARANTS do hereby further warrant, covenant and represent that the foregoing restriction and agreement shall bind the andersigned, their heirs, successor and assigns, and any and all )erson or persons who shall succeed to the ownership of said ,remises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarants have c~used their hands and ~ls the day and year first above written. DALCHET CORPORATION By Chester Orlowski, President Lorraine Orlowski ,?,TATE OF NEW YORK ss.: onnty of Suffolk I, EDWARD P. ROMAINE, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court of Record) DO HEREBY CER'I'II· Y that I have compared the annexed copy of and that it is a just and true copy of such original Declaration and of the whole thereof. 1N TESTIMONY WHEREOF, I have hereunto set. my hand and affixed th~.s ,eal of said County Form No. 104 STATE OF NEW YORK: : COUNTY OF SUFFOLK: ss. On this 17th day of June, 1994, before me personally came CHESTER ORLOWSKI to me known, who, being by me duly sworn, did depose and say that he resides at (no ~) Pequash Avenue, Cutchogue, New York; that he is the President of DALCHET CORPORATION, the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public ~TATE OF NEW JERSEY: COUNTY OF MORRIS : On this 16th day of June, 1994, before me personally came WILLIAM ORLOWSKI and LORRAINE ORLOWSKI to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. /~ N~'t a f~ Public Page 6 of 8 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ,.I BEGINNING at a point on the westerly line of Harbor Lane, 675.0 feet southerly along said westerly line from the Main Road (N.Y.S. Route 25); thence from said point of beginning running along said westerly line of Harbor Lane the following two (2) courses and distances: (1) South 33° 45' 10" East 77.45 feet; and (2) South 25° 15' 30" East 419.70 feet to land oE Lademann; thence along said last mentioned land the following three (3) courses and distances: (1) South 64° 44' 30" West 190.0 feet; (2) South 25° 15' 30" East 200.0 feet; and (3) North 64° 44' 30" East 190.0 feet to the westerly line of Harbor Lane; thence along the westerly line of Harbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said last mentioned land South 64~ 44' 30" West 140.0 feet to a pipe; thence still along land of Dobek and land of Januick, Lindblad, Teevan and Martin South 25~ 15' 30" East 490.25 feet to a pipe; thence still along land of Martin North 82° 01' 10" East 173.86 feet to the westerly line of Harbor Lane; thence along the westerly line of Harbor Lane the following two (2) courses and distances: (1) South 38~ 56' 20" East 43.03 feet; and (2) South 7° 58' 50" East 113.10 feet to land of White; thence along said last mentioned land South 32° 01' 10" West 140.0 feet to a pipe; thence still along land of White and land of Hommel South 7° 58' 50" East 250.0 feet to a monument and land of Sowinski; thence along said last mentioned land North 87° 49' 50" West 314.82 feet to a monument and land now Pung; thence along said last mentioned land the following four (4) courses and distances: (1) North 2" 10' 10" East 346.51 feet; (2) North 23° 44' 50" West 508.89 feet; (3) North 24° 38' 50" West 580.63 feet; and (4) North 34° 44' West 48.79 feet to a monument and land of Hakowicz; thence along said last mentioned land North 56° 14' 50" East 305.47 feet to a monument on the westerly line of Harbor Lane at the point or place of BEGINNING. Page 7 of 8 RICHARD F. LARK ATTORNEY AT LAW rvlAIN ROAD - F~ O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 August 5, Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Melissa Spiro, Planner 1994 SOUTHOLD TOWN PLANNING BOARD ,. RE: Subdivision for "Harbor Park Homes" SCTM #1000-097.00-06.00-017.000 and SCTM #1000-103.00-01.00-020.005 and 020.006 Dear Ms. Spiro: In connection with the above-captioned matter, I am enclosing the following: Subdivision Map of Harbor Park Homes prepared by Roderick Van Tuyl, P.C. dated July 27, 1994 which contains approval from the Suffolk County Department of Health Services. Certified Copy of Declaration of Covenants and Restrictions dated June 16, 1994 and recorded in the Suffolk County Clerk's Office on August 5, 1994 in Liber 11688 Page 434. Copy of letter from Long Island Lighting Company dated December 22, 1993 regarding service to the lots in the subdivision. As you know from your inspections of the property, there is existing Lilco service in front of the subdivision on the westerly side of Harbor Lane which is available to these lots. The applicant intends to let each homeowner apply for underground electric service to these individual lots when applying for a building permit. If the above meet with your approval, kindly place the matter on the Planning Board agenda for August 22, 1994. If you need any other information, do not hesitate to give me a call. RFL/bd Enclosures Very truly yours, PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Ortowski, Jr. Man~ S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Laury Dowd, Town Attorney Melissa Spiro, Planner Draft Declaration of Covenants and Restrictions Major Subdivision Harbor Park Homes SCTM~ 1000-97-6-17 and 103-1-20.5 & 20.6 June 17, 1994 Enclosed please find a copy of the draft Declaration of Covenants and Restriction for your legal review. The Planning Board outlined the covenants and restrictions required in a letter to Richard Lark dated January 12, 1993. All but one of the Planning Board's requirements have been included in the document. Mr. Lark did not include a description in regard to the side yard setback for Lots No. 4 and 5 (see Planning Board's letter Number 2). I have discussed this with Barbara from Mr. Lark's office. The side yard description will be included in the final document. I have also enclosed the information received in response to the Planning Board's requirement for dedication papers to be submitted offering the future road area for dedication to the Town. I am not familiar with this type of application. Does it fulfill the Planning Board's requirement? Please let me know if you need any additional information. enc. RICHARD f. LARK MARY LOU FOLTS LAW OFFICES RICHARD F. LARK MAIN ROAD - P.O. BOX 97B CUTEHOGUE, NEW YORK ~ ~ 935-097B TelepHONe 516 734-680? June 13, 1994 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Melissa Spiro, Planner RE: Subdivision for "Harbor Park Homes" SCTM 91000-097.00-06.00-017.000 and SCTM ~1000-103.00-01.00-020.005 and 020.006 Dear Ns. Spiro: Pursuant to the resolution of the Southold Town Planning Board on January 11, 1993 and a letter dated July 20, 1993, I am enclosing the following: 1. Copy of proposed Declaration of Covenants and Restrictions. Application for laying out of a road along with Order, Dedication and Release, Consent, and Bargain and Sale Deed. Kindly review the above with the members of the Planning Board as soon as possible and let me know if it meets with their approval. I will then have the Covenant executed and recorded in the Suffolk County Clerk's Office. If you have any questions, do not hesitate to call. RFL/bd Enclosures Very truly yours, JUN I ii 1994 SOUTHOLD TOWN PLANNING BOARD ~ECLARATION OF COVENANTS AND RESTRICTIONS JUN I 6 i994 SOUTHOLD TOWN PLANNING BOARD DECLARATION made this day of June, 1994, by DALCHET CORPORATION, a domestic corporation with office at 235 Pequash Avenue, Cutchogue, New York 11935, and WILLIAM ORLOWSKI and LORRAINE ORLOWSKI, residing at 218 Carlton Road, Millington, New Jersey 07946, hereinafter called the Declarants. WHEREAS, the Declarants have title to certain land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, said land hereinafter being more particularly described in Schedule A attached hereto; and WHEREAS, the Planning Board of the Town of Southold did on January 11, 1993 grant preliminary approval on the parcel of land described in Schedule A into a major subdivision of five lots to be known as "Harbor Park Homes" made for Dalchet Corp. at Cutchogue, Town of $outhold, N.Y. W~EREAS, the Planning Hoard of the Town of Southold resolved on January 11, 1993, there should be placed on the subdivision the following covenants and restrictions: 1. Lot No. 3 shall contain the following restrictions: (a) The following described portion of Lot No. 3 is set aside for a future road in the event the property to the west is developed: ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Harbor Lane at the southeasterly corner of land of Lademann, and running thence along said Harbor Lane South 25° 15' 30" East 50.0 feet to land of Oobek; thence along said last mentioned land and land of Dalchet Corporation South 64° 44' 30" West 313.66 feet to land now or formerly of Pung; thence along said last mentioned land North 23° 44' 50" West 50.02 feet to land of William and Lorraine Orlowski; thence along said last mentioned land and land of Lademann North 64° 44' 30" East 312.34 feet to the westerly line of Harbor Lane and the point or place of BEGINNING. Ail improvements and costs of the road shall be borne by the ~own of Southold or the then owner of a major subdivision to the vest at the time it is utilized as a road. (b) The area on the northerly side of the above-described )roperty set aside for a future road shall not be considered a ~uilding lot and is more particularly described as follows: ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point which is the southwesterly corner of land of Lademann, and which is point is South 64° 44' 30" West 190.0 feet from the south- easterly corner of land of Lademann and the westerly line of Harbor Lane; running thence from said point of beginning South 64° 44' 30" West 122.34 feet to land now or formerly of Pung; thence along said last mentioned land North 23° 44' 50" West 59.64 feet along land of William and Lorraine Orlowski; thence along said last mentioned land North 64° 44' 30" East 121.08 feet to land of Lademann; thence along said last mentioned land South 25" 15' 30" East 82.10 feet to the southwesterly corner of land of Lademann and the point or place of BEGINNING. (c) The area on the southerly side of the above-described property set aside for a future road contains a building envelope as shown on the subdivision map. The area within 60 feet south of the property set aside for a future road, which southerly -2- ~roperty line is described as South 64° 44' 30" West 173.66 feet, ~hall be considered the front yard of Lot No. 3; and the area within 75 feet north of the southerly property line of Lot No. 3, which property line is described as South 64° 44' 30" West 180.83 feet, shall be considered the rear yard of Lot No. 3. 2. Lot No. 4 contains a building envelope as shown on the subdivision map and shall have the following restrictions: (a) The area within 60 feet north of the southerly property line of Lot NO. 4, which is described as North 58° 33' 10" East 309.27 feet, shall be considered the front yard area of Lot No. 4; and the area within 75 feet south of the northerly property line of Lot No. 4, which is described as South 64" 44' 30' West 180.83 feet, shall be considered the rear yard area of Lot No. 4. 3. Lot No. 5 contains a building envelope as shown on the subdivision map and shall have the following restrictions: (a) The area within 60 feet south of the northerly property line of Lot No. 5, which is described as North 58" 33' 10" East 309.27 feet, shall be considered the front yard area of Lot No. 5; and the area within 75 feet north of the southerly property line of Lot No. 5, which is described as North 87° 49' 50" West 314.82 feet, shall be considered the rear yard area of Lot NO. 5. These Covenants and Restrictions can be modified only at the request of the then owner of the premises, with the approval of the Planning Board of the Town of Southold, after a public hearing. Adjoining property owners shall be entitled to a notice -3- of such public hearing, but their consent to such modification shall not be required. DECLARANTS do hereby further warrant, covenant and represent ~hat the foregoing restriction and agreement shall bind the ~ndersigned, their heirs, successor and assigns, and any and all ~erson or persons who shall succeed to the ownership of said Premises or any part thereof by transfer or IN WITNESS WHEREOF, the Declarants have ;eals the day and year first above written. otherwise. caused their hands and DALCHET CORPORATION Chester Orlowski, President William Orlowski Lorraine Orlowski -4- ~TATE OF NEW YORK: : /OUNTY OF SUFFOLK: ss. On this day of June, 1994, before me personally came C~ESTER ORLOWSKI to me known, who, being by me duly sworn, did depose and say ~hat he resides at (no ~) Pequash Avenue, Cutchogue, New York, that he is th~ President of DALCHET CORPORATION, the corporation described in, and which executed the foregoing instrument, that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. ~otary Public STATE OF NEW JERSEY: COUNTY OF MORRIS : On this day of June, 1994, before me personally came WILLIAM ORLOWSKI and LORRAINE ORLOWSKI to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public -5- SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ~z~ BEGINNING at a point on the westerly line of Harbor Lane, 675.0 feet southerly along said westerly line from the Main Road (N.Y.S. Route 25); thence from said point of beginning running along said westerly line of Harbor Lane the following two (2) courses and distances: (1) South 33° 45' 10" East 77.45 feet; and (2) South 25° 15' 30" East 419.70 feet to land of Lademann; thence along said last mentioned land the following three (3) courses and distances: (1) South 64° 44' 30" West 190.0 feet; (2) South 25° 15' 30" East 200.0 feet; and (3) North 64° 44' 30" East 190.0 feet to the westerly line of Harbor Lane; thence along the westerly line of Harbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said last mentioned land South 64° 44' 30" West 140.0 feet to a pipe; thence still along land of Dobek and land of Januick, Lindblad, Teevan and Martin South 25° 15' 30" East 490.25 feet to a pipe; thence still along land of Martin North 82° 01' 10" East 173.86 feet to the westerly line of Harbor Lane; thence along the westerly line of Harbor Lane the following two (2) courses and distances: (1) South 38° 56' 20" East 43.03 feet; and (2) South 7° 58' 50" East 113.10 feet to land of White; thence along said last mentioned land South 32° 01' 10" West 140.0 feet to a pipe; thence still along land of White and land of Hommel South 7° 58' 50" East 250.0 feet to a monument and land of Sowinski; thence along said last mentioned land North 87° 49' 50" West 314.82 feet to a monument and land now Pung; thence along said last mentioned land the following four (4) courses and distances: (1) North 2° 10' 10" East 346.51 feet; (2) North 23° 44' 50" West 508.89 feet; (3) North 24° 38' 50" West 580.63 feet; and (4) North 34° 44' West 48.79 feet to a monument and land of Rakowicz; thence along said last mentioned land North 56~ 14' 50" East 305.47 feet to a monument on the westerly line of Harbor Lane at the point or place of BEGINNING. POWN OF SOUTHOLD : STATE OF NEW YORK In the Matter of the Application of DALCHET CORPORATION for the laying out of a road in Cutchogue, Town of Southold, Suffolk County, New York known as "Reserved for Possible Future Road". UL :UN I §:199 · ~OUTHOLO TOWN PLANNING BOARD APPLICATION To the Town Superintendent of Highways of the Town of Southold, in the County of 9uffolk and State of New York: The undersigned Petitioner, DALCHET CORPORATION, as owner of area known as "Reserved for Possible Future Road", a domestic corporation having its principal place of business at 235 Pequash Avenue, Cutchogue, New York, liable to be assessed for highway taxes in the Town of Southold, hereby do apply to the Town Superintendent of ~ighways to lay out a new road at Cutchogue, in the Town of Southold, County of Suffolk and State of New York as follows: 1. The area known as "Reserved for Possible Future Road", as shown and designated on a certain map entitled Subdivision Map of "Harbor Park Homes" made for Dalchet Corporation, Town of Southold, as follows: at Cutchogue, N.Y. and more particularly bounded and described ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of $outhold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Harbor Lane at the southeasterly corner of land of Lademann, and running thence along said Harbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said land and along other land of Dalchet Corporation South 64" 44' 30" West 313.66 feet to land now or formerly of Pung; thence along said land North 23" 44' 50" West 50.02 feet to other land of ~alchet Corporation; thence along said land and along said land of Lademann North 64° 44' 30" East 312.34 feet to the point of BEGINNING. Said "possible future road" is shown on the map of Roderick 'an Tu¥1, P.C. and is annexed hereto and made a part of the application together with a release and application to the Town of Southold by the Petitioner herein over whose property said road is to run. DALC~ET CORPORATION Chester Orlowski, President STATE OF NEW YORK: : COUNTY OF SUFFOLK: ss. On this day of , 1994, before me personally came CHESTER ORLOWSKI to me known, who, being by me duly sworn, did depose and say that he resides at 235 Pequash Avenue, Cutchogue, New York; that he is the President of DALCHET CORPORATION, the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public -2- ~OWN OF SOUTHOLD : STATE OF NEW YORK In the Matter of the Application of DALCHET CORPORATION for the laying out of a road in Cutchogue, Town of Southold, Suffolk County, New York known as "Reserved for Possible Future Road". $OLJTHOLD TOWN PLANNING BOARD ORDER LAYING OUT THE ROAD WITH THE CONSENT OF THE TOWN BOARD WRITTEN application having been duly made to me, the Town endent of Highways for the Town of Southold, Suffolk County, New York, for the laying out of a town road in the said Town of Southold by DALCHET CORPORATION, liable to be assessed for highway taxes in said Town and a dedication and release from damage having been executed, acknowledged and delivered by the owner of the land through which the proposed road is proposed to be laid out and a copy of which is annexed hereto and nothing having been paid to any claim for such damages. NOW, THEREFORE, I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, DO HEREBY DETERMINE AND ORDER that the Town road be and the same is hereby laid out at Cutchogue, in the Town of Southold as follows: 1. The area known as "Reserved for Possible Future Road", as shown and designated on a certain map entitled Subdivision Map of "Harbor Park Homes" made for Dalchet Corporation, at Cutchogue, Town of Southold, N.Y. and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ~ BEGINNING at a point on the westerly line of Harbor Lane at the southeasterly corner of land )ated: of Lademann, and running thence along said ~arbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said land and along other land of galchet Corporation South 64° 44' 30" West 313.66 feet to land now or formerly of Pung; thence along said land North 23" 44' 50" West 50.02 feet to other land of Dalchet Corporation; thence along said land and along said land of Lademann North 64° 44' 30" East 312.34 feet to the point of BEGINNING. Cutchogue, New York , 1994 Raymond L. Jacobs Town Superintendent of Highways Town of Southold Suffolk County, New York -2- FOWN OF SOUTHOLD : STATE OF NEW YORK In the Matter of the Application of DALCHET CORPORATION for the laying out : of a road in Cutchogue, Town of Southold, Suffolk County, New York known as : "Reserved for Possible Future Road". JUN I 6 SOU~HOLD PLANNING BOAF, D DEDICATION AND RELEASE DALCHET CORPORATION, being the owner of certain land in Cutchogue, Town of Southold, Suffolk County, New York and included within which land is the area known as "Reserved for Possible Future Road". NOW THEREFORE, in consideration of One and 00/100 ($1.00) Dollar to it in hand paid by Raymond L. Jacobs, guperintendent of ~ighways of said Town of Southold and in further consideration of laying out of the new road known as "Reserved for Possible Future Road", do hereby release and dedicate to the Town of Southold all the land heretofore owned by it within said proposed road as follows: 1. The area known as "Reserved for Possible Future Road", as shown and designated on a certain map entitled Subdivision Map of "Harbor Park Homes" made for Dalchet Corporation, at Cutchogue, Town of Southold, N.Y. and more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Harbor Lane at the southeasterly corner of land of Lademann, and running thence along said Harbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said land and along other land of Dalchet Corporation South 64" 44' 30" West 313.66 feet to land now or formerly of Pung; thence along said land North 23° 44' 50" West 50.02 feet to other land of Dalchet Corporation; thence along said land and along said land of Lademann North 64° 44' 30" East 312.34 feet to the point of BEGINNING. And do release the said Town of Southold from all damages by reason of the lay out of the said road. DALCHET CORPORATION By Chester Orlowski, President {TATE OF NEW YORK: COUNTY OF SUFFOLK: ss. On this day of , 1994, before me personally came CHESTER ORLOWSKI to me known, who, being by me duly sworn, did depose and say that he resides at 235 Pequash Avenue, Cutchogue, New York; that he is the President of DALCHET CORPORATION, the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public -2- TOWN OF SOUTHOL~ : STATE OF NEW YORK In the Matter of the Application of DALCHET CORPORATION for the laying out : ~f a road in Cutchogue, Town of Southold, Suffolk County, New York known as : "Reserved for Possible Future Road". -X CONSENT We, the undersigned, being a majority of the Town Board of the Town of Southold, in the County of Suffolk and State of New York, having duly met at a regular meeting of the said Town Board on the day of , 1994, for the laying out of a new road at Cutchogue, Town of Southold, guffolk County, New York, known as "Reserved for Possible Future Road", do hereby consent that such laying out be made in accordance with said Petitioner. Supervisor Thomas H. Wickham Town Clerk Judith T. Terry Superintendent of Highways Raymond L. Jacobs Town Justice Town Councilman Town Councilman Town Councilman Town Councilman TAX MAP DESIGNATION Lot(s): Tlt~DF~madethe ~yof ,ninetecnh~dred md BETWP~2~ DALCHET CORPORATION, a domestic corporation having its principal place of business at 235 Pequash Avenue, Cutchogue, New York 11935 party ofthefirstpart,~d TOWN OF SOUTHOLD, a municipal corporation having its principal place of business at 53095 Main Road, Southold, New York 11971 party of the second part, . . paid by the ~ ~ the secone ~rt, o~s nerevy gr~.~ .~. r- ~ second part, the h~rs or succe~mrs ~d ~s of the l~xty of the second paxt forever, ~ · ,__~ _a,~ 0~. ~l~-~s md ~.rovem~ thereon erectS, sit~, x! ! ~t certain ~lot, oi~e or parcet o~ ~,~, w,~ ~.- -~ .~ r .... . ,_ __~ ..~T'--'L~._:__~I~i.I~ o_tcho.ue Town of Southold, County o~ su~ox~ ~..u State of New York, being more particularly bounded and described follows: 4it; BEGINNING at a point on the westerly line of Harbor Lane at the southeasterly corner of land of Lademann, and running thence along said Harbor Lane South 25° 15' 30" East 50.0 feet to land of Dobek; thence along said land and along other land of Dalchet Corporation South 64° 44' 30" West 313.66 feet to land now or formerly of Pung; thence along said land North 23° 44' 50" West 50.02 feet to other land of Dalchet Corporation; thence along said land and along said land of Lademann North 64° 44' 30" East 312.34 feet to the point of BEGINNING. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party o~ the second part, the heirs or successors and assigns of the party oi the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, exc.ept as aforesaid. -- AND the party of the first part, in compliance with Section 13 o{ the Lien LaW, covenants mat the party o~ the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part oi the total o{ the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF. the party of the first part has duly executed this deed the day and year first above written. DALCHET CORPORATION By Chester Orlowski, President STATE OE NEW YORK, COUNTY OB On the ~y of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OE NiW YORK, COUNTY OF SUFFOLK ss, On the day of . persona]ly came Chester OrlowsKx94' 19. before me to me known, who, being by me duly sworn, did depose and say that he resides at No. 235 Pequash Avenue, Cutchogue, New York that he |s the President of DALCHET CORPORATION , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tlon, and that he si~ed h i~ame thereto by like order. STATE OF NEW YORK. COUNTY OS ss: On the day of 19 , before me personally c,~ne to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATS OF NEW YORK, COUNTY OS ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally a~luainted, who, being by me duly sworn, did depose and say tlmt he resides Rt No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, w~s present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Notary Public WI IH COVENANT AGAINS1 GRANTOR'5 ACTS J ITLE NO. DALCHET CORPORATION TO TOWN OF SOUTHOLD TICOR TITLE GUARANTEE SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Zip No. DEPARTMENT OF HEAETH SERVICES COUNTY OF SUFFOLK ROBERT J. (~AFFNEY SUFFOLK COUNTY EXECUTIVE MARY E. HIBBERD, M.D., M.P.H. COMMISSIONER May 3, 1994 Mr. Chester Orlowski, President Dalchet Corporation 235 Pequash Avenue Cutchogue, New York 11935 Proposed Subdivision of Harbor Park Homes %92-273, (T) Southold (SCTM 1000-97-6-17; 103-1-20.5 and 20.6) Dear Mr. 0rlowski: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for May 19, 1994, at 9:30 a.m., in the Suffolk County Department of Health Services Conference Room, County Center, Room S-238, Riverhead. You and interested parties are requested to appear, with or without counsel, and you may produce any information or evidence concerning the above referenced property. Should you have any questions, please call 516-852-2100. Very truly yours, Dennis Moran, P.E. Chairman Board of Review DM:cab cc: Mr Mr Ms Mr Mr Mr Town James L. Corbin Martin Trent Susan D. Windesheim Frank Dowling, Sr. Planner Peter R. Akras, P.E. Richard F. Larkr Esq. of Southold Planning Board NAY I 0 199z~ SOUTHOLD TOWN PLANNINO BOARD JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765 - 1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 8, 199a,: RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $1,020.00 to Dalchet Corporation, which sum represents an overpayment of the administration fee for major subdivision of Harbor Park Homes due to the fact the Planning Board had adopted a higher bond estimate in 1993, and the applicant paid the administrative fee on January 7, 1994 unaware that a revised bond estimate had been calculated. Judith T. Terry (/ Southold Town Clerk February 9, 1994 FEB I 0 F3g JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 8, 199a,: RESOLVED that the Town Board of the Town of Southold hereby approves the bond amount of $20,175.00 for improvements in the major subdivision of Harbor Park Homes, all in accordance with the recommendation of the Southold Town Planning Board, and Engineering Inspector Richter. Judith T. Terry (/ Southold Town Clerk February 9, 199~1 PLANNING BOARD MEMBERS Richard O. Wardj Chairman George Rltchl¢ Latharm Jr. Bennett Orlowsk/. Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO~gl' L. HARRIS Supervisor Town Hal], 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 February 1, 1994 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11971 RE: Major Subdivision Harbor Park Homes SCTM# 1000-97-6-17 and 1000-103-1-20.5 and 20.6 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on January 31, 1994: Be it RESOLVED to adopt the bond estimate dated as revised January 5, 1994, and to recommend same to the Town Board. The bond estimate is in the amount of 20,175.00, with an administration fee in the amount of 1,210.00. Please refer to the enclosed correspondence addressed to Judith T. Terry, Town Clerk, in regard to the administration fee for this subdivision. Please contact Melissa Spiro at this office if you have questions regarding the above. Sincerely, Richard G. Ward Chairman any enc. PLANNING BOARD MEMBERS Richard G. Ward. Chairman George Rltchle Latham, dr. Bennett Orlowskl, ,Jr. Mark S. McDonald Kcrmcth L. Edwa~is 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 February 1, 1994 Judith T. Terry Town Clerk Southold Town Hall Southold, New York 11971 RE: Major Subdivision Harbor Park Homes SCTM~ 1000-97-6-17 and 1000-103-1-20.5 and 20.6 Dear Mrs. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on January 31, 1994: Be it RESOLVED to adopt the bond estimate dated as revised January 5, 1994, and to recommend same to the Town Board. The bond estimate is in the amount of 20,175.00, with an administration fee in the amount of 1,210.00. Please note the following in regard to the above mentioned bond estimate: = Ail required improvements have been installed by the applicant. The improvements have been inspected and have been accepted as satisfactory by James Richter, Engineering Inspector and Raymond Jacobs, Superintendent of Highways. On January 12, 1993 (prior to the installation of the improvements), the Planning Board adopted a bond estimate for the proposed improvements in the amount of $38,850.00, with an administration fee in the amount of $2,230.00. In a report dated May 4, 1993, James Richter, for reasons stated in the report, recalculated the drainage design, resulting in a reduction of the required improvements. In response to a request from the Planning Board to calculate a revised bond estimate based on the revised drainage design, Mr. Richter submitted a revised bond estimate to the Board in a report dated January 5, 1994. Since the administration fee is calculated on the bond estimate, the administration fee was also recalculated and subsequently reduced. On January 7, 1994, the applicant, unaware that a revised bond estimate had been calculated, submitted check No. 735 from Dalchet Corporation in the amount of $2,230.00 to fulfill payment of the administration fee. Since the $2,230 check has been processed by the Town, a refund of $1,020.00 is due to the applicant. Please let me know if you need any additional information in regard to the above. Sincerely,/~ Melissa Spfro Planner enc. cc: James Richter, Engineering Inspector Raymond Jacobs, Superintendent of Highways Richard Lark, Attorney for applicant OF THE EN~ I NEER Richard G. Ward Chairman - Planning Board Town Ha]], 53095 Main Road Southo]d, New York 11971 Re: HARBOR PARK HOMES - Major Subdivision Harbor Lane, Cutchogue, New York SCTM # 1000 97 - 06 17 JANUARY 5, 1994 Dear Mr. Ward: As per your request, I have revised the bond estimate for the above referenced project. A copy of this estimate has been enclosed for your reference. Please note that my last report to your office indicated that ail of the work listed in the enclosed estimate was completed in a satisfactory manner. If you have any questions concerning this matter, please contact my office. /ENC: ec: Raymond L. Jacobs (Superintendent of Highways) erely, . s A. Ric~/~ter/ , R.A. OF THE (516)-765-30'70 REVISED BOND ESTIMATE FOR HARBOR PARK HOMES AT CUTCHOGUE, TOWN OF SOUTHOLD SCTM # 1000 97 - 06 - 17 ~TEM ~UANTIT~ 1. 2 EA. 2. 6 EA. 3. 60 L.F. 4. 250 S.Y. JANUARY 5, 1994 DESCRIPTION UNIT PRICF AMOUNT CATCH BASINS $ 2,500.00 $ 5,000.00 (10' Dia. x 8' Deep) LEACHING BASINS 2,000.00 12,000.00 (10' Dia. x S' Deep) 18" Dia. CORRUGATED 30.00 1,800.00 METAL PIPE TQPSOIL & SEED 5.50 1,375,00 SUB-TOTAL : $ 20,175.00 + 6% ADMINISTRATION FEE = 1,210.OO TOTAL = $ 21,385.00 /RAYMOND L. JACOBS SUPERINTENDE~;T OF HIGHWAYS 765-3140 Mr. Raymond L. Jacobs OFFICE OF THE ENGINEER TOW~ OF SOUTHOLD Superintendent Southold Town Highway Peconic .Lane, P.O. Box 178 Peccnic, New York 11958 MAY 4, 1993 3AMES A. RICHTER ENGINEERING INSPECTOR 765-3070 Dear Ray: Re: HARBOR PARK HOMES Major Subdivision Harbor Lane, Cutchogue, New York SCTM: # 1000 - 97 - 06 - 17. ~ !000 - 103 - 01 - 20.5 requ .... I have reviewed the drainage design for the above referenced subdivision. My last report concerning this project indicated that the proposed ~rainage system was more than adequate to handle the runoff from this subdivision. Recently, th? Owner of the property, Mr Chet Orlowski contacted your off'~o ' ~-~ to discuss the possibility of reducing the amount of ~raina~e provided in the original design. It was his opinion that the drainage system design was excessive due to existing site conditions. The original drainage calculations followed the Code criteria to the letter. However, in this case, the property to be developed is relatively fiat and its elevation is level with or below the existing Town Road. These existing conditions suggest that the proposed development will not' create any additional or substantial runoff that would er~ter the existing Town Road. For this reason, I have recalculated the drainage design and would recommend the following changes: Station Point locations are taken from existing Drainage Design ~ Read Prefi!e Plan dated !0/!/92. STATION 0+00 - Provide 3 - 10' Dia. x 8' Deep Leaching Pools One Pool to have Cast Iron Grate & Frame set to grade. STATION 3+80 - No Work Required. STATION 7+25 - Provide 2 - 10' Dia. x 8' Deep Leaching Pools Connect new pools to ex'isting drainage basin. ~ ~- No Chan~e from original design. ~TA~©N 14+70 Provide 3 10' Dia. x 8' Deep Leaching Pools One Pool to have Cast Iron Grate & Frame set to grade. cc' Richard G. Ward (Chairman - Planning Board) Chef PLANNING BOARD MEMBERS Richard O. Wahl. Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. 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 January 11, 1994 Richard Lark Main Road P.O. Box 972 Cutchogue, NY 11935 Re: Major Subdivision for Harbor Park Homes SCTM~ 1000-97-6-17 & 103-1-20.5 & 20.6 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on January 10, 1994: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from January 11, 1994 to July 11, 1994. Preliminary approval was granted on January 11, 1993. Please note that this is the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward ' Chairman RICHARD f. LARK ATTORNEY AT LAW CUTCHOGUE, /~EW YORK ~1935 TELEPHONE 5~6 734-6807 January 6, 1994 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Richard G. Ward, Chairman RE: Subdivision for "Harbor Park Homes" SCTM #1000-097.00-06.00-017.000 and SCTM #1000-103.00-01.00-020.005 and 020.006 Dear Mr. Ward: In connection with the above-captioned subdivision, I am enclosing the following: Two prints of the Preliminary Plan of the Subdivision Map of "Harbor Park Homes" made for Dalchet Corp. prepared by Roderick Van Tuyl, P.C. amended Dec. 31, 1993. Copy of letter from James A. Richter, R.A. dated December 21, 1993 approving the drainage structures. Check No. 735 of Southold Town in representing the Dalchet Corporation to the amount of $2,230.00 ~Tl'n ~[~O~ inspection fee. Kindly advise if the enclosed map meets all reqirements of the Southold Town Planning Board have the surveyor prepare the final maps. of the so I can RFL/bd Enclosures V~ t~ruly yours, Richard F. Lark OFFICE OF THE ENOINEER (516)-765-.1070 Mr. Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, New York 11958 DECEMBER 21, 1993 Re: HARBOR PARK HOMES - Major Subdivision Harbor Lane, Cutchogue, New York SCTM: # (1000-97-6-17) & (1000-103-1-20.5) Dear Ray: As per your request, I have performed a final inspection of the above referenced subdivision. All of the required drainage structures listed in my 5/4/93 report have been installed in a satisfactory manner. A review of the file has found no outstanding work or required improvements that have not been completed. This has been confirmed by a telephone conversation with Melissa at the Planning Board. If you have any questions concerning this matter, please contact my office. CC: Richard G. Ward (Chairman - Planning'Board) I~het Orlowski Jame ~sCere~,~'. am Richter, R,A. JAN 7 RAYMOND L. JACOBS SUPERINTENDENT. SOUTHOLD TO~ NIG~AY DEPARTMENT Fax (516)-765-1750 OFFICE OF THE ENO I NEER ($16)-765-3070 ~~ JANUARY 5, 1994 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: HARBOR PARK HOMES - Major Subdivision Harbor Lane, Cutchogue, New York SCTM # 1000 - 97 - 06 - 17 Dear Mr. Ward: As per your request, I have revised the bond estimate for the above referenced project. A copy of this estimate has been enclosed for your reference, Please note that my last report to your office indicated that all of the work listed in the enclosed estimate was completed in a satisfactory manner. If you have any questions concerning this matter, p]ease contact my office. '~ENC: CC: Raymond L. Jacobs (Superintendent of Highways) /J m. A. Ric O R.A. OF THE ENGINEER (516)-765-3070 REVISED BOND ESTIMATE FOR HARBOR PARK HOMES AT CUTCHOGUE, TOWN OF SOUTHOLD SCTM # 1000 - 97 06 - 17 JANUARY 5, 1994 ITEM 1. 2. 3. 4. QUANTITY DESCRIPTION 2 EA. CATCH BASINS (10' Dia. x 8' Deep) 6 EA. LEACHING BASINS (10' Dia. x 8' Deep) 60 L.F. 18" Dia. CORRUGATED METAL PIPE 250 S.Y. TOPSOIL & SEED UNIT PRICE AMOUNT 2,500.00 $ 5,000.00 2,000.00 12,000.00 30.00 1,800.00 5.50 1,375.00 SUB-TOTAL = $ 20,175.00 + 6~ ADMINISTRATION FEE = 1,210.00 TOTAL = $ 21,385.00 PLANNING BOARD MEMBERS R/chard G. Ward, Chairman George R/tchle Latham. Jr. I~nnett Orlowskl, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 SCOUr L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southoki, New York 11971 Fax (516) 765 - 1823 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name~ Tax Map No.: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map (Dated / / Preliminary Subdivision Map Final Subdivision Map (Dated / / (Dated / / Road Profiles (Dated / / Grading and Drainage Plans (Dated / / Other (Dated / / Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated / / ) Grading and Drainage Plans Other ( Dated / / ) ( Dated / / ) Contact Person: RAYMOND L. JACOBS Supenntenclent Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 (516) 765-3140 (516) 734-5211 FAX (516) 765-1750 December 21, 1993 Mr. Richard Ward, Chairman Southold Town Planning Board Southold Town Hall Main Road Southold, New York Harbor Perk Homes - Major Subdivision Harbor Lane, Cutchogue, New York SCTM; (1000-97-6-17) & (1000-103-1-20.5) Dear Mr. Ward: concur with Mr. to the above mentioned subdivision Richter's report dated 12/21/93. Res p~lly, Supterintendent of Highways file OF THE ENGINEER (516)-76~-3070 Mr. Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, New York 11958 DECEMBER 21, 1993 Re: HARBOR PARK HOMES - Major Subdivision Harbor Lane, Cutchogue, New York SCTM: # (1000-97-6-17) & (1000-103-1-20.5) Dear Ray: As per your request, I have performed a final inspection of the above referenced subdivision. All of the required drainage structures listed in my 5/4/93 report have been installed in a satisfactory manner. A review of the file has found no outstanding work or required improvements that have not been completed. This has been confirmed by a telephone conversation with Me]issa at the Planning Board. If you have any questions concerning this matter, please contact my office. CC: Richard G. Ward (Chairman - Planning Board) Chet Orlowski /~James . Richter, R.A. RICHARD F. LARK ATTORNEY AT LAW MA[N ROAD - R O, BOX 973 CUTCHOGUE, NEW YORK I~935 December 20, 1993 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Richard G. Ward, Chairman RE: Subdivision for "Harbor Park Homes" SCTM ~1000-097.00-06.00-017.000 and SCTM ~1000-103.00-01.00-020.005 and 020.006 Dear Mr. Ward: I hereby request an extension of time of 90 days from January 13, 1994 to comply with the remaining conditions of the preliminary approval granted on January 11, 1993 and your letter of July 20, 1993. As I understand it the drainage improvements to the subdivision have already been constructed. However, the applicant needs additional time to obtain approval from the Suffolk County Department of Health Services pursuant to Article 6 as there is a need to put in an additional test well and retest the current one in the subdivision. Kindly advise. RFL/bd 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 July 20, 1993 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision Harbor Park Homes SCTM# 1000-97-6-17 & 1000-103-1-20.5 & 20.6 Dear Mr. Lark: The Planning Board has reviewed the maps dated June 11, 1993, which were received by this office on July 6, 1993. The building envelopes indicated for Lots 4 and 5 have not been completed. The envelopes must be completed with a side yard setback of at least twenty (20) feet in width. Also, the building envelope for Lot 3 should have a sideyard setback of sixty (60) feet in conformance with the setback indicated for Lots 4 and 5. In addition, please note that the Bo&rd will be requiring that your client submit dedication papers offering the future road area for dedication to the Town prior to any endorsement of the final subdivision. Please contact Melissa Spiro at this office if you have any questions regarding the above. Sincerely~ ,~ Richard G. Ward 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 July 13, 1993 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision Harbor Park Homes SCTM# 1000-97-6-17 & 1000-103-1-20.5 & 20.6 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 12, 1993: Be it RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from July 13, 1993 to January 13, 1994. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman RICHARD F. LARK ATTORNEY AT LAW July 7, 1993 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Richard G. Ward, Chairman RE: Subdivision for "Harbor Park Homes" SCTM ~1000-097.00-06.00-017.000 and SCTM 91000-103.00-01.00-020.005 and 020.006 Dear Mr. Ward: I hereby request an extension of time of 90 days to comply with the remaining conditions of the preliminary approval granted on January 11, 1993. Kindly advise. RFL/bd ly yours, RICHARD F, LARK ATTORN£Y AT LAW MA]N ROAD - R O. BOX 973 C:UTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 July 2, 1993 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Richard G. Ward, Chairman RE: Subdivision for "Harbor Park Homes" SCTM ~1000-097.00-06.00-017.000 and SCTM #1000-103.00-01.00-020.005 and 020.006 Dear Mr. Ward: In connection with the above-captioned subdivision I am enclosing three prints of the revised Subdivision Map dated June 11, 1993 for your review. RFL/bd Enclosures Ve~ truly yours, '~Richard F. Lark SOUTHOLD TO~N PLANNING BOA,R D..__.,..,~ 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 May 25, 1993 Richard F. Lark Main Rd. P.O. Box 973 Cutchogue, NY 11935 Re: Major Subdivision Harbor Park SCTM# 20.6 Dear Mr. Lark; The following resolution was adopted by the Southold Town Planning Board at a meeting held on May 24, 1993: RESOLVED to adopt the Engineering Inspector's report dated May 4, 1993. Please contact this office if you have any problems regarding the above. Sincerely, Richard G. Ward Chairman enc. Engineering Inspector's report RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Mr. Raymond L. Jacobs Superintendent - Southold Town Highway Peconic Lane, P.O. Box 178 Pecenic, New York 11958 MAY 4, 1993 JAMES A. RICHTER ENGINEERING INSPECTOR 765-307O Dear Ray: Re: HARBOR PARK HOMES - Major Subdivision Harbor Lane, Cutchogue, New York SCTM: # 1000 - 97 - 06 - 17. # !000 - 103 - 01 - 20.5 As per your request, I have reviewed the drainage design for the above referenced subdivision. My last report concerning this project indicated that the proposed drainage system was more than adequate to handle the runoff from this subdivision. Recently, the owner of the property, Mr. Chet Orlowski contacted your office to discuss the possibility of reducing the amount of ~rainage provided in the original design. It was his opinion that the drainage system design was excessive due to existing site conditions. The original drainage calculations followed the Code criteria to the letter. However, in this case, the property to be developed is relatively flat and its elevation is level with or below the existing Town Road. These existing conditions sl~~ ~st ~g~ that the proposed development will not create any additional or substantial runoff that would erFcer the existing Town Road. For this reason, I have recalculated the drainage design and would recommend the following changes: S~ation Point locations are taken from existing Drainage Design ~ Road Prefi!e Plan dated !0/!/92. STATION 0+00 - STATION 3+80 - STATION 7+25 - STATION 14+70 Provide 3 - 10' Dia. x 8' Deep Leaching Pools One Pool to have Cast Iron Grate & Frame set to grade. No Work Required. Provide 2 - 10' Dia. x 8' Deep Leaching Pools Connect new pools to existing drainage basin. No Change from original design. Provide 3 10' Dia. x 8' Deep Leaching Pools One Pool to have Cast Iron Grate & Frame set to grade. cc: Richard G. Ward (Chairman - Planning Chef Orlowski Board) /~n/cerely/~ SOUTHOLD TOWN ING BOARD 4 JANUARy, 1993 3. Submission of a letter from each public utility ~Ompany whose facilities are proposed to be installed in the proposed subdivision. Such letter shall state that the utility company will make the installations necessary for the furnishing of its services. 4. All final maps (5 paper prints and 2 mylars) must contain the Liber and Page number of the filed Declaration of Covenants and Restrictions. NOTE FOR THE RECORD that we anticipate the applicant coming back in for a reduction in bond pursuant to what Mr. Raynor has already said to us. Mr. Latham: Second. Mr. Ward: Ayes: Mr. Mr. Mr. Ward: Ail those in favor? Latham, Mr. Orlowski, Mr. McDonald Edwards, Mr. Ward. Opposed? Motion carried. Subdivisions_ Pr~'liminary: Mr. Ward: 7:35 p.m. Harbor Homes - This major subdivision is for five lo~s on ~.04 acres located on the west side of Harbor Lane; 675 feet south of Main Road in Cutchogue. SCTM #1000-97-6-17; 103 -1-20.5 and 20.6. would like to ask if there is anyone here At this time, I that would be Opposed to this subdivision? Is there anyone in opposition to this subdivision? Is there anyone here in favor of this subdivision? Mr. Lark: Good evening. I represent the applicants. I think we have complied with all of the requirements to obtain preliminary approval and as I understand it this is for preliminary approval 'and then later on you are going to review the bond estimate because I know Mr. Chester Orlowski wanted to talk to you about that. But, as to the preliminary approval, unless the Board has some questions, I would respectfully urge to move that you approve it so we can go ahead with our Article VI process with the Suffolk County Health Department then we can get back to you with final maps because I understand now they require Covenants on all subdivisions with private wells and so on and so forth so we Can get back to a final hearing on this one. Mr. Ward: Are there any further comments? Is there anyone else who would like to say anything regarding this particular subdivision either pro nor con? Hearing no further comments, I Would like to entertain a motion from the Board to close this hearing. ~ SOUTHOLD TOWN PLAN~G BOARD 5 JANUARY 1993 Mr. Latham: Second. Mr. Ward: Ail those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Ward. Abstain: Mr. Orlowski. Mr. Ward: Opposed? So ordered. Would you like to entertain a motion on the bond for this subdivision? Mr. McDonald: Mr. Chairman, I make a motion. RESOLVED to adopt the bond estimate dated December 1, 1992 and to recommend same to the Town Board. The bond estimate is in the amount of $38,850.00, with an inspection fee in the amount of $2,230.00. Mr. Edwards: Second. Mr. Ward: Ail those in favor? Ayes: Mr. Edwards, Mr. McDonald, Abstain: Mr. Or~owski. Mr. Ward: Opposed? So ordered. Mr. Latham, Mr. Ward. Mr. McDonald: I would like to make a further resolution. RESOLVED that the Southold Town Planning Board, grant preliminary approval on the maps dated September 22, 1992, for the major subdivision of Harbor Park Estates subject to the following conditions: The area of Lot ~3 located on the north side of the 50' wide piece of land reserved for a possible future road, shall not be considered a building lot in perpetuity. This shall be so stated in a Declaration of Covenants and Restrictions. 2. The front and side yards shall be established for Lot ~4 and Lot #5. The front yard for Lot ~4 shall be on the south side of the lot. The front yard for Lot #5 shall be on the north side of the lot. The side yard for both lots shall be at least 60' from the rear yard of the existing lots that front on Harbor Lane. Mr. Edwards: Second. Mr. Ward: Ail those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Latham. 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 oanuary 12, 1993 SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision Harbor Park Homes SCTM91000-97-6-17 & 1000-103-1-20.5 & 20.6 Dear Mr. Lark: The following took place at a meeting of the Southold Town Planning Board on Monday, January 11, 1993: BE IT RESOLVED to adopt the bond estimate dated December 1, 1992 and to recommend same to the Town Board. The bond estimate is in the amount of $38,850.00, with an inspection fee in the amount of $2,230.00. As you requested at the meeting, the Planning Board will ask James Richter, Engineering Inspector to review the drainage map with the applicant at the site. The bond estimate will be sent to the Town Board after Mr. Richter has completed his review. The preliminary public hearing, which was held at 7:35 P.M. was closed. BE IT RESOLVED that the Southold Town Planning Board, grant preliminary approval on the maps dated September 22, 1992, for the major subdivision of Harbor Park Estates subject to the following conditions: Page 2 Harbor Park Estates The area of Lot # 3 located on the north side of the 50' wide piece of land reserved for a possible future road, shall not be considered a building lot in perpetuity. This shall be so stated in a Declaration of Covenants and Restrictions. The front and side yards shall be established for Lot~ 4 and Lot # 5. The front yard for Lot ~ 4 shall be on the south side of the lot. The front yard for Lot # 5 shall be on the north side of the lot. The side yard for both lots shall be at least 60' from the rear yard of the existing lots that front on Harbor Lane. Failure to submit the final submission with six (6) months of the date of preliminary approval shall automatically cancel the conditional preliminary approval, unless a request for an extension of time is requested and granted by the Planning Board. The Planning Board has reviewed the property and has decided that the subject property does not contain an adequate amount of suitable land to fulfill the park and recreation requirements of the Subdivision Regulations. Therefore, a payment of $2,000.00 per lot will be required in lieu of land reservation. The final submission must contain the 1. following: Final subdivision mapsmodified in accordance with the condition of preliminary approval and containing a valid stamp of Health Department approval (Six (6) paper copies will be required as part of the final submission. Two (2) mylars will be required prior to any endorsement of the subdivision. The final subdivision maps must be revised in accordance with the condition of preliminary approval. A draft of the Declaration of Covenants and Restrictions for the subdivision. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter shall state that the utility company will make the installations necessary for the furnishing of its services. Ali utilities are to be underground. Page 3 Harbor Park Homes The final hearing will not be scheduled until all of the above items are submitted and are accepted by the Planning Board. If you have any questions, please do not hesitate to contact this office. Encl. Sincerely, Richard G. d Chairman RAYMOND L. JACOBS SUPERINT~-ND~NT OF MIGEWAYS 765-3140 0~-FIcE OF TEE ~NGINEER TCWJ OF SOUTHOLD BOND ESTIMATE FOR HARBOR PARK HOMES AT CUTCHOGUE, TOWN OF SOUTHOLD SCTM # 1000 - 97 - 06 - 17 DECEMBER 1, 1992 JA~w~S A. RICHTZR ~NGINE__=RING LNSPECTOR 1. 3 EA. 2. 2 EA. 3. 6 EA. 4. 120 L.F. 5. 500 S.Y. D~EESCRIPTION UNIT PRICF AM___OUNT CATCH BASINS $ 3,500.00 $ 10,500.00 (10' Dia. x 12' Deep) LEACHING BASINS 2,000.00 4,000.00 (10' Dia. x 8' Deep) LEACHING BASINS 3,000.00 18,000.00 (10' Dia. x 12' Deep) 18" Dia. CORRUGATED 30.00 3,600.00 METAL PIPE TOPSOIL & SEED 5.50 2,750.00 SUB-TOTAL = $ 38,850.'00 ADMINISTRATION FEE = 2,330.00 TOTAL = $ 41,180.00 PAGE ! Of ! LEOAL NOTICE Notice of Public Hearing COUNTY OF SUFF(~ 55IAI1~ OF NEW YORK ss: NOTICE IS HEREBY GIV- EN that pursuant to Section 276 of the Town Law, a public hear- ing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the llth day of January 1993, on the question of the following: 7:30 P.M. Final approval of the major subdivision for Fran- cis Greenberger in East Cut- chogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-97-3-18.1. The property is bordered on the north by land now or formerly of Miraglia and by land now or formerly of Ditolla; on the east by land now or formerly of Young; on the south by Eugene's Road and by land now or formerly of Parker and by land now or formerly of S. Kaufman; on the west by land now or formerly of Stepnoski. 7:35 P.M. Preliminary ap- proval of the major subdivision l'or Harbor Park Homes in Cut- chogue, in the Town of Southold, County of Suffolk and the State of New York. Suf- folk County Tax Map Number 1000-103-1-20.5 & 20.6. The property is bordered on the northwest by land now or formerly of Rakowicz; on the northeast by Harbor Lane, by land now or formerly of Lademann, by land now or formerly of Dobek, by land now or formerly of Januick, by land now or formerly of Lindblad, by land now or formerly of Teevan, by land now or formerly of Martin, by land now or formerly of White, by land now or formerly of HommeI; on the southwest by land now or formerly of B. Sowinski; on the southwest by land now or formerly of Pung. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: December 23, 1992 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman IX-I/7/93{9'l Patricia Wood, being duly sworn, says that she is ih: Editor, of THE LONG ISI_AND TRAVELER-WATCHMAH a public newspaper printed al: Southold, in Suffolk Cotlm has hc~'n ptlbli'dlcd in ,laid I on!i h;I,m,I I t,w~'h'~ W,~I, h~ , ........... 19.23 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of i%w York No. 480ero°46 Qualified in Suffolk County Commissioo Expires LEGAL NO i'ICE Notice of Public Hearing t NOTICE IS HEREBY GIVEN tlia~ p~rsuant to Section 276 of the Town Law, a public hearing will be held by Ibc ,~;outhold Town Planning Board, at STATE OF N~YORK) ) SS: COUNTY OF SUFFOLK) _ (~ f'z~_~ ~ C. ~__~;__~_L~J___ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for ' weeks successively, commencing on the "~ ~ ;' -'~ ~ day of_ j~4 ,~,~ ~ '; '~19 ~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 December 16, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Harbor Park Homes SCTM#1000-97-6-17 and 103-1-20.5 & 20.6 Dear Mr. Lark: The enclosed bond estimate dated December 3, 1992, from James A. Richter, Engineering Inspector will be reviewed at the Planning Board's January 11, 1993 public meeting. You are not required to attend this meeting. Please note that this report is for your information only. It has not been adopted by the Planning Board. Very truly ~~ . Bc~dO~wski, Jr !~' ~ Encl. RAYMOND L. JACOBS SUPERINT~-ND~NT OF EIG~AYS 765-3140 OFFICE OF TEE ENGINEER TO~ OF SOUTtIOLD BOND ESTIMATE FOR HARBOR PARK HOMES AT CUTCHOGUE, TOWN OF SOUTHOLD SCTM # 1000 - 97 - 06 - 17 JAM~S A. RICHTER ENGINEERING LNSPBCTOR DECEMBER 1, 1992 QUANTITy DZSCl~IPTIO~; AMOUNT 1. 3 EA. CATCH BASINS (10' Dia. x 12' Deep) 2. 2 EA. LEACHING BASINS (10' Dia. x 8' Deep) 3. 6 EA. LEACHING BASINS (]0' Dia. x 12' Deep) 4. 120 L.F. 18" Dia. CORRUGATED METAL PIPE 5. 500 S.Y. TOPSOIL & SEED $ 3,500.00 $ 10,500.00 2,000.00 4,000.00 3,OOO.00 18,000.00 30.00 3,600.00 5.50 2,750.00 SUB-TOTAL = $ 38,850.00 + 6% ADMINISTRATION FEE = 2,330.00 TOTAL = $ 41,180.00 PAGE ! of ! RICHARD F. LARK ATTORNEY AT LAW MA[N ROAD - F~ O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 November 19, 1992 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Subdivision for "Harbor Park Homes" SCTM 91000-097.00-06.00-017.000 and SCTM 91000-103.00-01.00-020.005 and 020.006 Dear Mr. Orlowski: Pursuant to the letter of James A. Richter, dated November 13, 1992, I am enclosing three prints of the Road Profile and Drainage Plan dated Oct. 1, 1992. Also enclosed are three prints of the revised Subdivision Map dated Sept. 22, 1992. I am in the process of obtaining a draft bond estimate on the subdivision improvements. RFL/bd Enclosures Very ~_~1~; yours, · ~R~chard F.' ~a~r~ 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 1972_ SCOTI' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map (Dated / / ) (Dated / / ) (Dated / / ) Road Profiles (Dated / / ) Grading and Drainage Plans Other (Dated / / ) (Dated / / ) Sketch Site Plan (Dated / / ) (Dated / / ) Preliminary Site Plan Grading and Drainage Plans (Dated / / ) Other (Dated ./ / Contact Person: ~ ~C$.4 ~Q ,'12~ . 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 sco'l'-r L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 17, 1992 Richard F. Lark P.O. Box 973 Cutchogue, New York 11935 RE: Proposed Major Subdivision Harbor Park Homes Harbor Lane, Cutchogue SCTM9 1000-97-6-17 and 1000-103-1-20.5 & 20.6 Dear Mr. Lark: Enclosed is a copy of the Engineering Inspector's report dated November 13, 1992. Please have a draft bond estimate prepared to include all subdivision improvements. If you have any questions concerning the above, please con~act this office. Encl. Very truly yours, ~ .~? Bennett Orlowski, Jr. Chairman ~j RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER E~GINEERING LNSPECTOR 763-3070 BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 NOVEMBER 13, 1992 RE: HARBOR PARK HOMES (MAJOR) HARBOR LANE, CUTCHOGUE SCTM # 1000 - 97 - 06 - 17 DEAR MR. ORLOWSKI: AS PER YOUR REQUEST, I HAVE REVIEWED THE DRAINAGE PLANS FOR THE ABOVE REFERENCED SUBDIVISION. THE MAP DATED OCTOBER 1, 1992 AS PREPARED BY RODERICK VAN TUYL HAS PROVIDED FOR ADEQUATE DRAINAGE TO HANDLE THE RUNOFF THAT WILL RESULT FROM EXISTING CONDITIONS AND THE PROPOSED SUBDIVISION. IF YOU HAVE ANY QUESTIONS CONCERNING THIS REVIEW, PLEASE CONTACT MY OFFICE. CC: RAYMOND L. JACOBS File I AMES A, RI HTE ,U ,A. RAYMOND L. JACOBS SUPERINTEi~DENT OF HIG~AYS 765-3140 JAM~S A. RICHTER ENGINEERING LNSPECTOR OFFICE OF THE ENGINEER TOWN OF SOUTHOLD 765-3070 BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 NOVEMBER 13, 1992 RE: HARBOR PARK HOMES (MAJOR) HARBOR LANE, CUTCHOGUE SCTM # 1000 - 97 - 06 - 17 DEAR MR. ORLOWSKI: AS PER YOUR REQUEST, I HAVE REVIEWED THE DRAINAGE PLANS FOR THE ABOVE REFERENCED SUBDIVISION. THE MAP DATED OCTOBER 1, 1992 AS PREPARED BY RODERICK VAN TUYL HAS PROVIDED FOR ADEQUATE DRAINAGE TO HANDLE THE RUNOFF THAT WILL RESULT FROM EXISTING CONDITIONS AND THE PROPOSED SUBDIVISION. IF YOU HAVE ANY QUESTIONS CONCERNING THIS REVIEW, PLEASE CONTACT MY OFFICE. CC: RAYMOND L. JACOBS File CUTCHOGUE FIRE DISTRICT November 1, 1992 New Suffolk Road, PO Box 930, Cutchogue, NY 11935 Telephone (516) 734-6907 · Fax (516) 734-7079 Mr Bennet Orlowski, Jr. Southold Town Planning Bd. Town Mall Southold, N.Y. 11971 Ref. Harbor Park Properties Dear Mr. Orlowski, Reference the above estate and map. It ia the opinion of the Board that a wall is not required at this time. If there are any changes, plaase advise. Yours truly, Board of Fire Commissioners Matthew J. Martin Seoretary mjm/ 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 Mathew Martin, Secretary Cutchogue Fire District New Suffolk Lane Cutchogue, New York 11935 Dear Mr. Martin: Enclosed please find (2) surveys SCOTFL HARRIS Su~isor Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York I 1971 Fax (516) 765-1823 Please notify this office as to whether any fire wells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by~ ~ ,199~. Thank you for your cooperation. Chairman enc. 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 October 20, 1992 SCOWY L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision Harbor Park Homes SCTMg1000-97-6-17 and 103-1-20.5 & 20.6 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 19, 1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, J~.-~ Chairman Encl. PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (5161 7654938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance SCOWF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 October 19, 1992 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 {State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Harbor Park Homes SCTMg: Location: 1000-97-6-17 1000-103-1-20.5 & 20.6 East side of Harbor Lane; 675' south of Main Road (State Rt. 25) in Cutchogue SEQR Status : Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Residential subdivision of 9.04 acre parcel into 5 lots. Page 2 Harbor Park Homes SEQR Negative Declaration Con't. Reason Supporting This Determination: An environmental assessment has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. A site inspection did not reveal any fauna classified as endangered species, any threatened species, any species of special concern or any rare plants. In addition, the site does not contain any sensitive environmental resources. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are not comments or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 CC: Suffolk County Department of Health Services Roger Evans, DEC Commissioner Judith Terry, Town Clerk Board of Appeals Applicant - · ENVIRONMENT~G CONSULTANTS October 9, 1992 Mr. Bennett Orlowskl, Jr. Chairman Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re; Review of EAF for Major Subdivision of Harbor Park Homes, Cutchogue SCTM No. 1000-97-06-17 & 103-1-20.5 & 20.6 Dear Benny: As per your request, we have completed a preliminary review of the above referenced project in acc~r.a .ance with. you. r correspondence of September 15, 1992. Tasks and completed actlwtles are adentified as follows: Review Pan I LEAF The parcel has been field inspected by CVA, and the LEAF has been reviewed and amended as necessary. A copy of same is attached. Prepare Part H LF..4F The Part H LEAF checklist has been completed and is also attached. Additional information concerning our findings is included below. Environmental and Planning Considerations The parcel has been inspected a~.d .environmental references concerninlg the site and area. h.av.e b,een.consul.ted_. The sate as located 675 +/- feet south of Mare Road and .west or rtaroor cane, 1.n L'utchogue, New York. Th.e. project is an Type I action, and a tong EAF has been submitted for review and coordination purposes. The site is c .ur[. ently an abando.ned, agricultural field. The site totals 9.04 acres in size. The. ro~sal mvolves the subdivisaon, of. rope~ into five building lots for future reslTentml structures. Overall the site as ~cated in the R-80 Zone District with the exc.eption of 20,300 square feet (lo.ts 4 & 5) which is R-40 zoning. The proposed pr. oject generally .conforms to erastlng R-80 zoning in terms of density, providing lots wzth an~aver.age s~ze of th. an 80,000. square re. et for four lots with one'k~ of 73,4~9 square/eet that has obtained a variance for insufficient lot size. In r.e. vieF .of the proposed subdivision, it is apparent that the five parcels intended for resadential uses do not contain any sensitive environmental resources. The site is a former agricultural field which is currently revegetatin~ in species such as raoweed goldenrod .and o.ther pioneer field species. The. re wer~no fauna classified ~s°'' ' enaangereo speoes, tlareatened species or species of special concern, nor wer.e there any rare plants observed. There were no other significant environmental findings noted on the 9.04 acres involved in the subdivision. The depth to water is in the 54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 Harbor Park Homes Long EAF Review range of 17 feet. The topography of the site is relatively flat. The slopes vary on the site from 0 to 10% on the site. The land use in the vicinity of the project site is a mixture single family homes on lots from 12,000 .to 9.6,000 square feet in the R-80 and R-40 zo.n~n, g class'.ffi, catious. To the west of the sate is a active nursery zone R-80. If this parcel ~s subdivided in the future, proposed Lot 3 will provide an 50' X 310' access roadto Harbor Lane thorough it's northern portion. Based upon a review of the environmental resources of the subject subdivision, we believe that the subdivision will not have a significant environmental impact. In .addition, any site use will be dependent upon providing satisfactory sanitary disposal ~n accordance with .Article 6 of the Suffolk County Sanitary Code (SCSC), as well as adequate water supply m accordance vath Article 4 (SCSC). If the .Planning Board is in agreement, we feel that the Planning ~.oard could appropriately ~ssue a Negative Declaration, based upon the reasons outlined above. I hope this letter provides the Board with the information needed to continue review of this project. We would be pleased to provide additional input upon request. Please do not hesitate to call ff you have any questions. ~rhis, CEP, AICP enc: Part I/II LEAF CRAMER, V~ 4/I~SOClATES ENVIRONMENT~G CONSULTANTS PaSe 2 .14-16-2 (2/87)--?c ~ ~ SEQR · 617.21 ;'~ "----' i~ ~' ' State Environmental Quality Review iT,/ (. " FULL ENVIRONMENTAL ASSESSMENT ,~_..~ ~A~O I . Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly m~projec~ or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a proiect that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. · Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. 'L DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: I'~ Part 1 ~ Part 2 DPart 3 Upon review of the information recorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that; A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a.significant impact on the environment, therefore a negative declaration will be I~repared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions HARB___OR PARK HOMES ~'~O~-. Name of Action Name o~ Lead Agency ........... ~'~L~"~ /&~ency~ ~ure°~eparer(l~difCeren[~rom responsibleotfi Date ~ PART 1--PROJ~:CT INFOR TION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe, on the environment. Please complete the entire form. Parts A through E. Answers to these questions will be considere as part of the application for approval and may be subject to further verification and public review. Provide any addition. information you belier& Will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involv new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif each instance. NAME OF ACTION Harbor Park Homes LOCATION OF ACTION (Includ® Street Address, Municipality and County) Harbor Laner Cutcho~ue, New York NAME OI= APPLICANT/SPONSOR Dalchet Corporation, William Orlowski and Lorraine Orlowski BUSINESS TELEPHONE (516) 734--6782 ADDRESS Pequash Avenue, Cutchoaue. New York 11935 c~/Po I STATE ZIPCODE Cutchogue I NY 11935 NAME OF OWNER (If different) BUSINESS TELEPHONE N/A ( I N/A ADDRESS CiTY/PO STATE I zIP CODE· DESCRIPTION OF ACTION Subdivision of 9.04 acres into five building lots on the southweste, rly side of Harbor Lane, Cutchogue, New York (Suffolk County Tax MaD NO. District 1000, Section 097.00, Block 06.00, Lot 017.000 and District 1000,( Section 103.00, Block 01.00, Lots 020.005 and 020.006). Please Complete Each Question--Indicate N.A. if not applicable A. Site Description · Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: [:]Urban I-Ilndustrial [:]Forest I~Agriculture 2. Total acreage of project area: 9.04 acres. APPROXIMATE ACREACE Meadow or Brushland (Non-agricultural) 0 Forested O [-]Commercial I-IOther ,~Residential (suburban) Agricultural (Includes orchards, cropland, pasturb, etc.) 9.04 Wetland (Freshwater or tidal as per Articles 24, 25 of ECL] O Water Surface Area ~1 Unvegetated (Rock, earth or fill) 0 [::]Rural (non-farm PRESENTLY AFTER COMPLETION acres 0 acres acres 0 acres acres 0 acres acres 0 acres acres 0 acres acres 0 acres Roads. buildings and other paved surfaces __ ('} acres Other (Indicate type) L~,~"~,~C [,~4~)~. ~ 0 acres r ~. acres C~' O acres 3. What is predominant soil type(s) on project site? toDsoil (..~al~.qC.~tl~41-~(X~,.~, a. Sod drainage: I~Well drained 100 . % of site f-]Moderately well drained % of site (:]Poorly drained % of site ¥\0,1~- ~--~O.q~l'~ [oc~r~ b. If any agr cu rural and s involved, how many acres of soil are classified within soil group I through 4 of the NY£ Land Classification System? 9.04 acres. (See I NYCRR 370). 4. Are there bedrock outcroppipgs on project site? I-IYes tX]No ~-- a. What is depth to bedrock? N/A (in feet) [~)O -- \C~C) ~ ~va/~ ~ . 2 "" ¥ ~0-10%eO 0 '..?roxlma,e perce.tage of ,.r sed proiect s'te w,th slopes: °,6 f-]10-15% _ 0,6 ~15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district listed on the State or the National Registers of Historic Places? r-lyes ~[]No '. Is project: substantially contiguous to a site listed on the Register of National Nat~ial Landmarks? 8. What is the depth of the water table? ~ (in feet) ~ / ,~, ~(~ i-lyes [~No 9. Is site located over a primary, principal, or sole source aquifer? ~Yes~No 10. Do hunting, fishing or shell fish;n8 opportunities presently exist in the project area? r-lYes ~No · 11. Does project site contain an~/ species of plant or animal life that is identified as threatened or endangered? nYes E1No According ~ N/A ~ O '12. Are there any unique or unusual land forms on the ~r~:^~' '- ~" ''~ .... 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ~Yes ~No If yes, explain ~/A ~ ~ 14. Does the present site include scenic views known to be important to the community~ · 15. Streams within or contiguous to project area: ~o~e a. Name of Stream and name of River to which it is tributary 16. Lakes; ponds, wetland areas within or contiguous to project area: a. Name N/A ~ b. Size lin acres) N/A 17. Is the site served by existing public utilities? [~L'Yes ]~No -- ~,~,/~ ~:)or'~ L,e~/'~' hx:~ ~d 7'f / //'~ a) If Yes, does sufficient capacity exist to allow connection? ~Yes ~No I/n'~ ~ b) If Yes, will improvements be necessary to allow connection? ~Yes I~No 18. Is the' site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? r-lyes ~]No 19. Is the site located in or substantially contiguous to a Critical Environmental.Area designaied pursuant to Article of the ECL, and 6 NYCRR 6177 ~Yes ~]No · 20. Has the site ever been used for the disposal of solid or hazardous wastes? r-lYes ~No B. Project Description ~ ' 1' Physicaldimensionsandscaleofnroject(fillindimensionsasappro~priate) a. Total contiguous acreage owned or controlled by project sponsor 9.04" acres. b. Project acreage to be developed: ~. 04 . acres initially; 9.04 acres ultimately. c. Project acreage to remain undeveloped 0 _ acres. d. Length of project, in miles: N/A (If appropriate) e. If the proiect is an expansion, indicate percent of expansion proposed N/A f. Number of off-street parking spaces existing .. N/A O -; proposed__ N/A .~0 ~ g. Maximum vehicular trips generated per hour _ 5- JO ' (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially __ 5 0 0 0 L Ultimately __ 5 0 0 0 i, Dimensions (in feet) of largest proposed structure 3,5 height; 30 ~width; __60 ~ength. - j. Linear feet of frontage along a public thoroughfare project will occupy is? ,.703_.~_~_ ft. 2. How much na ural bnate.~-ti.e., rock, earth, 3. Will disturbed areas be reclaimed? ~Yes I-1No ffaN/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? J~es ERNo c. Will upper subsoil be stockpiled for reclamation? ~J~Yes etc.) will be removed from the site~' 0 tons/cubi~: yar.d~. ~No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? 6. If single phase project. Anticipated period of construction 0~'- I'c~. mont'~s, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase I month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase I functionally dependent on subsequent phases? I-lYes CINo° 8. Will blasting occur during construction? r-lyes I~No 9. Number of jobs generated: during construction (~ ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? F'lyes ][]No If yes, explain 12. Is surface liquid waste disposal involved? I-lYes E~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ,~es r31'No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain N/.~ 15. Is project or any portion of project located in a 100 year flood plain? I-Wes ~ LUer~'r F~Yes I~No [~[No 16. Will the project generate solid waste? ,~Yes E1No [,~kCr~ I~o~'~ a. If yes, what is the amoun~ per month ~ , O~ tons b. If yes. will an existing solid waste facility be used? ~Yes ~No c. If yes, give name-~tA~O~ ; location d. Will any wastes not go into a sewage disposal syste~ or into a sanitary landfill? e. If Yes, explain ~ECvC~ble_ ma~'['~[~ -R~ ~7. W~U the project involve the d~sposal of solid waster ~Yes ~No a. ~f yes, what is the anticipated rate of disposa~ tons/month. b. If yes, what J~ the anticipated sRe ~ife~ years. ~8. W~U ~roject use herb c~des or pestJcidest ~Yes ~No ~9. WiU project routinely produce odors (more than one hour per dav)t ~Yes ~No 20. Will ~roject produce operating noise exceeding the loca~ ambient noise levelst ~Yes 2~. Will Oroject result in an increase in energy uset ~Yes 22. If water supply Js from wells, ~ndicate pumping capacRy 20 gaHonslminute. 2~. Total anticipated water usage per day 200 8aUons/dav. ~O~ 24. Does project involve Local. State or Federal funding? ~Yes ~No If Yes, explain 4 25. Approvals Required: City, Town, Village Board []Yes ~qNo City, Town, Village Planning Board KiYes i-lNo City, Town Zoning Board ,~Yes KIND City, County Health Department EIY&s i-INo Other Local Agencies []:]Yes ~]No Other Regional Agencies I"lYes K1No State Agencies I-IYes EqNo Federal Agencies []Yes K'INo ~Type( Maior Subdivision Article 6 Submittal Date C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? IR'lyes ~No If Yes, indicate decision required: [-]zoning amendment [~:zoning variance I-lspecial use permit rgsubdivision I-lsite plan I-tnew#evision of master plan I-lresource management plan f-lother 2. What is the zoning classification(s)of the site? Low Density Residential fR-R~& T.nw ~=~- e lae~ 'al (R-40) 3. What is the maximum potential development oJ~ tl~ site I}:~'~veloped as permitted by the ,resent zoning? ,. Five one-family dwellings 4. What is the proposed zoning of the site? Low Density Residential (R-80) & Low Density "Res ~c~ent~a± 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Five one-family dwellings .. 6. Is the proposed action consistent with the recommended uses in adopted local land use p~ans? ~]Yes f-lNo 7. What are the predominant land use(s) and zoning classifications within a 'A mile radius of proposed action? sinclle family residences; R-40 8. Is the proposed action compatible with adjoining/surrounding land uses within a ¼ mile? . ~]Yes I-'lNo 9. If the proposed ~ction is the subdivision of land, how many lots are proposed? 5 a. What is the minimum lot size proposedi' 7.__3_L904 sq. ft. 10. Will proposed action require any authorization(s) for the formation of sewer or water districts~ []:]Yes ][]No 11. Will the proposed action create a demand for any community provided services (recreation. education, police, fire protection)? ~:]Yes I'-I N o a. If yes. is existing capacity sufficient to handle projected demand? :[3Yes [:]No 12. Will the proposed action result in the generation of traffic significantly above present levels? f-lyes :~]No a. If yes. is the existing road network adequate to handle the additional traffic? [l-lYes i-lNo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures ~vhich you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sp~a~ Name _Dalchet,,Corporation .'- ' ' Date 11/4/91 Signature .... :i:~:l~i~~a, a~ y'ou ~tea ~tale age:cy, co~ele Ihe C~:A~menl Form beto? proc;edin8 . Willi~ ~1~ ~a~e Orl~ki Part 2--Pi tECT IMPACTS AND THEIR M~NITUDE Responsibility of Lead Agency ~eneral Informalion (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonabie~' The reviewer is not expected to be an expert environmental analyst, · identifying that an impact will be potentially large (column 2} does not mean that it is also necessarily significant. Any Jarge impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question, · The number of examples per question does not indicate the importance of each question · In identifying impacts, consider long term, short term and cumlative effects. ~nstructions (Read carefully) ~. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. o. Nlaybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2} to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. J. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. ~. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3~ I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] I-lyes []No [] [] [-]Yes F'-I No L-] [] I-lyes [--INo [] [] []Yes I-]No [] [] EgYes []No [] [] r-lyes []No [] [] i--lyes E3No [] [] r-lyes E3No [] [] EgYes E]No [] [] E]Yes E]No IMPACT ON LAND Will the proposed action result in a physical change to thj project site~' /I~NO I'~YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than I year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e.0 rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts 2, Will there be an effect t~...ny umque or unusual land f~ms found on the site,' (i,e,, cliffs, dunes, geological formations, etc.)J~NO E3YES · Specific land forms: IMPACT ON WATER ~ Will proposed action affect any water body designated as protected? (Under Articles 15, 24.25 of the Environmental Conserva~on Law. ECL) ~10 DYES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body, · Construction in a designated freshwater or tidal wetland. · Other impacts: ~,. Will proposed action affect any non-protected existing._,.,or new body of water? ]~NO OYES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: ~ Will Proposed Action affect surface or groundwater quality or quantity? ~NO Examples that would apply to column 2 , Proposed Action will require a discharge permit. . Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. ' Proposed Action requires water supply from wells with greater than 45 galtons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities wh:=h presently do not exist or have inadequate capacity 0 Proposed Action would use water in excess of 20,000 gallons per day. Proposed Action will iii(el,' ~.;.,~,.-~ siltation or other discharge into an existing body of watc'~ ~,, the .~,:t~.~[ that there will be an obvious visual contrast to natural conditions. Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed Action will allow residential uses in areas without water and/or sewer services. Proposed Action locates commercial and/or industrial uses which may require new or expansion of existin~ waste treatment and/or storage facilities. Other impacts: Will proposed action alter drainage flow or patter~, or surface water runoff? ~NO DYES [[:,:nples that would apply to column 2 Proposed Action would change flood water flows. 7 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] J-lYes []No [] [] I--lYes r-JNo [] [] I--lyes []No [] [] []Yes []No [] [] I-lYes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes E]No [] [] []Yes []No [] ~:m I--lYes []No [] [] ~!yes []No [] [] []Yes []No [] Eg []Yes []No [] [] I'm't es E]No [] [] []Yes ~No [] [] f~iYes EiNo [] [] []Yes E3No [] [] []Yes []No [] [] ?lYes []No [] [] F"]Yes []No [] ~ I-lYes E]No Proposed Action may cause substantial erosion. Proposed Action is incompatible with existing drainage patterns. Proposed Action will allow development in a designated floodway. Other impacts: IMPACT ON AIR Will proposed action affect air quality? ~NO [~YES Examples that would apply to column 2 Proposed Action will induce 1,000 or more vehicle trips in any given hour. Proposed Action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed action will allow an increase in the amount of land committed to industrial use. Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMPACT ON PLANTS AND ANIMALS Will Proposed Action affect any threatened or endan,~red species? ~I~NO DYES Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts:. Will Proposed Action substantially affect non-threatened or non-endangered species? /I[~N O DYES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES res urces? ) Will the Proposed Action affect agricultural land :~e~Uo DYES ,~,,~, - Examples that would apply to column 2 The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) I ~ 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact i Project Change [] [] r-lyes I--INo [] [] I--lYes []No [] [] F-lYes []]No [] [] I-lYes [--INo [] [] []Yes []]No [] [] r-lyes []No [] [] i--lYes l--iNo [] [] nYes nNo [] [] F1Yes F'INo [] [] F-lyes I-1No [] [] []Yes nNo [] [] []Yes r-INo [] [] I--lyes []No [] [] F-lyes [-INo [] [] []Yes [-INo I-1 [] F'lyes []No [] [] [--]Yes 1'-1 No uction activity would excavate or compact the soil profile of Itural land. roposed action would irreversibly convert more than 10 acres icultural land or, if located in an Agricultutal District, more .5 acres of a~ricultural land. •posed action would disrupt or prevent installation of a~ricultural ,anagement systems (e.g., subsurface drain lines, outlet ditches, ropping); or create a need for such measures (e.g. cause a farm o drain poorly due to increased runoff) impacts: IMPACT ON AESTHETIC RESOURCES _ I proposed action affect aesthetic resources? HO I--lYES necessary, use the Visual EAF Addendum in Section 617.21, · endix B.) mples that would apply to column 2 sed land uses, or project components obviously different from harp contrast to current surrounding land use patterns, whether ~ade or natural. sed land uses, or project components visible to users of :tic resources which wilt eliminate or significantly reduce their went of the aesthetic qualities of that resource. t components that will result in the elimination or significant lng of scenic views known to be important to the area. impacts: :T ON HISTORIC AND ARCHAEOLOGICAL RESOURCES Proposed Action impact any site or structure .~historic, pre- oric or paleontological importance? ~.~10 OYES iples that would apply to column 2 sed Action occurring wholly or partially within or substantially uous to any facility or site listed on the State or National Register oric places. npact to an archaeological site or fossil bed located within the site. sed Action will occur in an area designated as sensitive for ~ological sites on the NYS Site Inventory. impacts: IMPACT ON OPEN SPACE AND RECREATION Proposed Action affect the quantity or quality of existing or Jre open spaces or recreational opportunities? nples that would apply to column 2 ~NO OYFS =rmanent foreclosure of a future recreational~'"opportunity. ior reduction of an open space important to the community. impacts: Small to Moderate Impact [] [] D [] [] [] [] [] [] [] 2 Potential Can Impact Large Mitigated B Impact 1Proje~n [] []Yes [-ih [] OYes D OYes Oh [] OYes [] OYes F~ [] DYes O OYes Dh O OYes []Yes ON OYes 9 IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation syst~ems? ,~NO [3YES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply~' ~NO DYES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality, · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibra it~n as a result of the Proposed Action? ;~NO I-lYES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action wi!l produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safe~i~NO I-lYES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances {i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) · Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. · Other impacts: 10 ~1~ 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] i--lyes I'-I No [] [] J~]Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] I--lYes []No [] [] []Yes []No [] ' [] E3Yes []No [] [] []Yes CINo [] [] []Yes []No [] [] []Yes []No [] [] l--lYes E3No [] [] []Yes []NO [] [] l--lYes ~lNo ENVlRON M ENT~I~G CONSULTANT October 9, 1992 Mr. Bennett Orlowski, Jr. Chairman $outhold Planning Bo.aM Town Hall, 53095~Mam Road P.O. Box 1179 Southold, New York 11971 Re: Review of EAF for Major Subdivis on of Harbor Park Homes, Cutchogue SCTM No. 1000-97-06-17 & 103-1. !03 & 20.6 Dear Benny: As per your requ.est, we have eomf Ieted a prelimina, ry r.ev. ie.w~o..t t~ a?ove .referenced project in accordance with you[ ¢orre?por :lence of Septemt~er D, l~z. las~:s aha completed activities are identified as folk ~,s: 1. Review Part I LF~F The parcel has been field inspeete; by C. VA, and the LEAF has been reviewed and amended as necessary. A copy of: nme is attached. Prepare Paa H LEAF . .Th.e Part l! LEAF ¢h. eckhst has ,be ~n.c.ompIeted and is also attached. Additional mformanon co.-.cern ng our findml ~ is included below. Environmental and Planning Cor'ai, !erati. oas ...... The oarcel ha~ been respected and environmental references concermng me site ann area~ave been ¢onsu!.te'd. The site is located 675 +/- re.et so. uth of Main Ro. ad and. west of Harbor Lane, m C~. tehogu,, New York. Th?. project :ts an Type I actmn, anti a Long EAF has been submitted for ~ewew and coordination purposes. The site is currently an abandone, d agri .cultural fle!d..~.e s. ite..t.o, tah, 9.04. ac?s in size. The r~rnoosai involves the subdiws on ot proper~y into nye I~uuomg lois for future re--~i-d~en-t]al structures. Overall the ;itc is lorn-teal'in the R-80 Zone District with the exception of 20,300 square feet ~!o s 4 & 5) whi.ch i.s R-40 zoning. T. he prop. os. ed proiect generally ,conf'orms to ex,st ng R-80 zoning m terms of. density., provx~mg lots with an average s:ze of than 80,00t square feet fo[ f.our 1.ots .with one lot of 70,409 square feet ~hat has obtained a var ante for insufficient lot stze. In review of the proposed su.bdMs on, it. is appa.rent that th, e five parce!s~.inte.n, de.d for residential uses do n.ot contgm .any sensit~ve enwro~nen, tai resqurces.~ ~ne site former agricultural field which.. ~s c ~rre .ntly ~vegetatmg in species.sucg,.as.ragweeo, goldenrod and other pioneer field pec~es, lne. re were no. iauna ciassmea as endangered speoes, Createned sp -cies or spec~e..s o.f..speeml co. ncern, no.r .w. er,.e there any rare plants observed. There .w :re no ot..he.r ?gnmcant environmenta.~ no'ted on the 9.04 acres involved m the subdxv~s~on. Thee depth to water ~s m me 54-2 NORTH COUNTRY ROAD, 41LLER PLACE, NY 11764 (516) 331-1455 Page 1 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 19q~- SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers following application for your review. the Application Name: Tax Map No.: Street Location: Hamlet Location: lOOO- Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated Final Subdivision Map (Dated / / ) / / ) / / ) Road Profiles (Dated [o // /c~_ ) (Dated / / ) Grading and Drainage Plans . Other (Dated / Sketch Site Plan Preliminary Site Plan (Dated / / ) (Dated / / ) Grading and Drainage Plans (Dated Other (Dated Contact Person: SENDER: SUBJECT: SCTM~: COMMENTS: SUBMISSION WITHOUT COVER LETTER 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 Mathew Martin, Secretary Cutchogue Fire District New Suffolk Lane Cutchogue, New York 11935 Dear Mr. Martin: Enclosed please find (2) surveys Please notify this office as to whether any fire wells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by~/~ d-- ,199~. Thank ~ou for your cooperation. Chairman enc. SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTMg: COMMENTS: ! 'ir 1997 i SOUTHOL~ ;~' PLANNING 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 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: ~c~e~'~? k ~¢$ ~Q-F~lOOO- ~7- 6- 17 ~ Iooo- ~o~- I- ~o,5 '2o. 6 Requested Action: SEQRA Classification: ( ) Type I (~) Unlisted Contact Person: (516)-765-I938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (~<) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. .. ( ) Other. ( See comments below). Comments: Please feel free to contact this office for further information. CC: Board of Appeals Southold Town Board Suffolk County Dept. of Health Services ~NYSDEC - Stony Brook ~NYSDEC - Albany ~.C. Dc~t. ef Public Wcrks " ° ~ .... Cor~ ~ Engineers * Maps are enclosed for your.[eview Coordinating agencies Sincerely, Bennett Orlowski, Jr. ~ Chairman 1716-2 (2/87)--7c 617.21 SEC Appendix A State Environmental Quality Review {[". FULL ENVIRONMENTAL ASSESSMENTj Purpose: The full EAF is designed to help applicants and agencies determine, in orderly manne~ ~roje an ', whet-~a [ or action may be significant. The question of whether an action may be significant is not always easy to answer. Freque~ ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determi~ significance may have little or no formal knowledge of the environment or may be technically expert in environment analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecti~ the question of significance. The full FAF is intended to provide a method whereby applicants and agencies can be assured that the determinatic process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or actio, · Full EAF Components: The full EAF is comprised of three parts: Part I: Provides objective data and information about a given proje"~t and its slate. By identifying basic proje~ data, it assists a reviewer in the analysis that takes place in Parts 2 and"3. Part 2: Focuses on identifying the range of possible impacts'that may occur from a project or action. It provid¢ guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentia large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not th impact is actually important. ,( DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 ~ Part 2 I-1part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the ma§itude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a.significant im.pact on the environment, therefore a negative declaratiof~ will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative D~claration is only valid for Unlisted Actions HARBOR PARK HOMES Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible off cer) Nfzvemb 4~1 ~. ~ Date 1 ~ , _~ ~<-' F~.~:IT 1--PROJEC~-N, NFORMATIO~ .' Prepared by Project Sponsor ' NOTICE: This document is designed to assist in determining whether the action proposed may have a significant ef on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be cons/d: as part of the application for approval and may be subject to further verification and public review. Provide any additk information y6u belib',,b Will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not /nv, new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spe each instance. NAME OF ACTION Harbor Park Homes LOCATION OF ACTION (Include Street Address, Municipality and County) Harbor Lane, Cutchogue, New York NAME OF APPLICANT/SPONSOR Dalchet Corporation, Wi ] ] ~m Orlowski and Lorraine Orlowski ADDRESS BUSINESS TELEPHONE (516)734-6782 Pequash Avenue, CutchOque, New York 11935 CITY/PO Cutchogue I STATE I Z'PCODE NAME OF OWNER (It different) NY 119 3 5 N/A I BUSINESS TELEPHONE ADDRESS ( ) N/A CITY/PO -- I STATE I ZIP CODE DESCRIPTION OF ACT)ON Subdivision of 9.04 acres into five building lots on the southweste.rly side of Harbor Lane, Cutchogue, New York (Suffolk County Tax Map NQ. District 1000, Section 097.00, Block 06.00, Lot 017.000 and District 1000 Section 103.00, Block 01.00, Lots 020.005 and 020.006). ' Please Complete Each Question--Indicate N.A. if not applicable A. Site Description : Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: I-)Urban f-llndustrial [~CommerciaJ []Forest []Agriculture [~Other 2. Total acreage of project area: 9.04 acres. APPROXIMATE ACREAGE PRESENTLY Meadow or 8rushland (Non-agricultural) 0 acres Forested 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) 9.04 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) O ac.res Water Surface Area 0 acres Unvegetated (Rock, earth or fill) 0 _ acres Roads, buildings and other paved surfaces 0 acres Other (Indicate type). 0 acres 3. What i,~ predominant soil type(s) on project site? toDsoil [3Residential (suburban) []Rural (non-farr AFTER COMPLETION 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres ~:. Sod drainage: [~Well drained 100 % of s. ite [2]Moderatelywell drained % of site I-IPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NY Land Classification System? 9.04 acres. (See I NYCRR 370). , 4. Are there bedrock outcroppiogs on project site? ~]Yes [~No ~" a. What is depth to bedrock? N/A (in feet) 2 $., Approximate percentage of proposedl ~ ctsitewithslopes: ~0-10%___~.~% [10-15% [15% or greater 6. Is project substantially contiguous to. or contain a building, site, or district, listed on the State or the Nation Registers of Historic Places? r-lYes ~No (~'. Is project substantially contiguous to a site tisted on the Register of National Natural Landmarks? I-lYes []~ 8. What is the depth of the water table? 40 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? [Yes lLaNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the proiect area? r~Yes [~No ' 11. Does project site contain any species of plant or animal life that is identified as threatened or endangere~ DYes R1No According to Identify each species ..N/A 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formation Describe N/A 13. Is the project site presently used by the community or neighborhood as an open space or recreation area I-lYes IX'lNo If yes, explain N/A 14. Does the present site include scenic views known to be important to the community? f-lYes [~3No 15. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary N/A 16. Lakes; ponds, wetland areas within or contiguous to project area: a. Name N/A b. Size (In acres) N/A 17. Is the site served by existing public utibties? [~Yes [No a) If Yes, does sufficient capacity exist to allow connection? ~]Yes I~No b) If Yes, will improvementsebe necessary to allow COnnection? []Yes [~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 304? []Yes ~]No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designaied pursuan[ to Article 8 of the ECL, and 6 NYCRR 6177 I-lYeS 20.Has the site ever been used for the disposal of solid or hazardous wastes? ' I-lYes ~]No C B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by. project sponsor 9.04 b. Project acreage to be developed: 9.04 _ acres initially; 9.04 c. Project acreage to remain undeve!oped 0 _ acres. d. Length of project, in miles: __ N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A f. Number of off-street parking spaces existing _ N/A_ ; proposed N/A acres ultimately. g. Maximum vehicular trips generated per hour 5 h. If residential: Number and ~ype of housing units: One Family Two Family Multiple Family Condomimum Initially 5 _ 0 0 0 Ultimately 5 0 0 0 i. Dimensions (in feet) of largest proposed structure __35height;. 30width:60length. j. Linear feet of frontage along a public thoroughfare prolect will occupy is? 703~_.28 ft. 3 (upon completion of project)? 2. How much na,~ral ?naterial (i.e., ( c, earth, etc.) will ['"'~vmoved from theE' a? 0__ 3. Will disturbeo ~reas be reclaimed? [~]Yes [~No [~N/A a. If yes, for what intended purpose is the site being rec a med? h. Will topsoil be stockpiled for reclamation? i--lyes c. Will upper subsoil be stockpiled for rec amation? ~Yes [~No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project;' [-]Yes ~No . 6. If single phase project: Anticipated period of construction 0 7. If multi-phased: N/A . a. Total oumber of phases anticipated (number). b. Anticipated date of commencement phase I month c. Approximate completion date of final phase _ month'- d. Is phase 1 functionally dependent on subsequent phases? ~-Iyes 8. Will blasting'occur during construction? E]Yes 9. Number of jobs generated: during construction .. 6 10. Number of jobs eliminated by this proiect . 0 11. Will project require relocation of any proiects or facilities? [~]Yes _ tons/cubic yah months, (including demolition). F~hFo year, (including demolitior year. ; after project is complete 0 ~No If yes. explain 12. Is surface liquid waste disposal involved? []Yes ~]No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount . N/A b. Name of water body into which effluent will be discharged N/A 13. Is subsurface liquid waste disposal involved? ~Yes [~.No Type __ N/A 14. Will surface area of an existing water body increase or decrease by proposal? []Yes Explain ~ 15. Is project or any portion of project located in a 100 year flood plain? []Yes [~No l~No 16. Will the project generate solid waste? [~Yes ~No a. If yes, what is the amount per month __ tons : b. If yes, will an existing solid waste facility be used? ~]Yes [No c. If yes, give name ; location d. Will any wastes nol go into a sewage disposal system or into a sanitary landfill,' e. If Yes, explain ' OYes I-]No 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what ii the anticipated site life? 18. Will project use herbicides or pesticides? f-lYes E3Yes ~No tons/month. -- years. [~No 19. Will project routinely produce odors (more than one hour per day)? I~Yes EgNo 20. Will project produce Operating noise exceeding the local .ambient noise levels? I--lYes 21. Will project result in an increase in enerlIy use? [~Yes [~No If yes , indicate type(s) Li/co 22. If water supply is from wells, indicate pumping capacity 20 gallonsiminute. 23. Total anticipated water usage per day 200 gallons/day. 24. Does project involve Local, State or Federal funding? E3Yes ~No If Yes. expJa.n ~No ,25. Approvals Required: City, Town, Village Board [:]Yes ~No City, Town, Village Planning Board [Yes I-INo City, Town Zoning Board [:]Yes ~]No City, County Health Department ~]Yes I~No Other Local Agencies rqYes Other Regional Agencies i-lYes ~]No State Agencies [:]Yes ~]No Federal Agencies [qYes ~No C. Zoning and Planning Information Ma~or Subdivision Article 6 Submitta Date 1. Does proposed action involve a planning or zoning decision? [y~' i~No If Yes. indicate decision required: I-/zoning amendment [~zoning variance I-qspecial use permit r~subdivision I-'lsite plan [-Inew/revision of master plan i-]resource management plan [::]other 2. What is the zoning classifJcation(s)of the site? Low Density' Residential (R-80L& Low Densil Re.sidentia 1 (Rr40) 3. What is the maximum potential development ot ti~e site if developed as permitted by the present zoning? Five one-family dwellings 4. What is the proposed zoning of the site? Low Density Residential (R-80) & Low Density -Residentla± 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning~ Five one-family dwellings . ' 6. Js the,proposed action consistent with the recommended uses in adopted local land use plans? 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? single family residences; R-40 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/~ mile? ][]Yes ~]N 9. If the proposed 'action is the subdivision of land, how many lots are proposed? ·a. What is the minimum lot size proposed? 7__3,__904 sq. ft. 10. Will proposed action require any authorization(s) for the formation of sewer or water districtsl ~Yes 11. Will the proposed action create a demand for any community provided services ~recreation, education, polict f re protection)? :~]Yes [:]No a. If yes, is existing capacity sufficient to handle projected demand? :~]Yes I-1No 12. Will the proposed action result in the generation of traffic significantly above present evels;~ r-lYes :~]Nc a. If yes, is the existing road network adequate to handle the additional traffic? I-lYes [:]No D. Informational Details Attach any additional information as may be needed to clarify your proiect. If there are or may be any advers~ impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sp, o~c~r Name Dalchet.Cor~oration '' ' ' ~ ~ .... - .. . Date 11/4/91 H th.e a~tion i~n~ns tC~er C~:~lst%lW~krica0 a~d you area lt:t: a~en~- -,[:e ,.__ ~.reslctenl: , wilh thl asse~ n--- ~ Y COm~91e e the CoastalAs~'~'s~smenl Form befo[e prOCeeding William Orlowski Lorraine Orl~wski 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 SCO'I'F L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 September 15, 1992 Cramer, Voorhis & Associates, Inc. Environmental and Planning Consultants 54 N. Country Road Miller Place, New York 11764 RE: Review of EIS Harbor Park Homes Harbor Lane, Cutchogue SCTM91000-97-6-17 & 103-1-20.5 & 20.6 Dear Messrs. Cramer and Voorhis: The $outhold Town Planning Board hereby refers the Environmental Assessment Form for the above mentioned subdivision to your office for review. Also enclosed are the following: 1. Planning Board resolution dated September 15, 1992. 2. Zoning Board of Appeals decision of May 7, 1992. 3. One copy of the map dated April 3, 1992. The Planning Board started the lead agency coordination process on September 15, 1992. The $400.00 review fee has been submitted by the applicant. If all is in order, the Board will make their SEQRA determination at the October 19, 1992 public meeting. Please submit your report no later than October 9, 1992 in order for the Board to review it before the meeting date. The purchase order will be sent to you under separate cover. If there are any questions, please contact Planning Staff. Very truly yours, Bennett Orlowski, Jr. g/ ,,~ Chairman Encls. 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 September 15, 1992 SCOTt L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Richard F. Lark P.O. Box 973 Cutchogue, NY 11935 RE: Major Subdivision of Harbor Park Homes Harbor Lane, Cutchogue SCTM#1000-97-6-17 103-1-20.5 & 20.6 Dear Mr. Lark: The following three resolutions were adopted by the $outhold Town Planning Board at a meeting held on Monday, September 14, 1992. BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. BE IT RESOLVED that the Southold Town Planning Board. grant .sketch approval on the maps dated April 3, 1992. BE IT RESOLVED that the Southold Town Planning Board adopt the August 17, 1992 Engineering Inspector's report. Sketch plan approval is conditional upon submission of preliminary maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The preliminary submission must include drainage plan as per the Engineer's August 17, 1992 report. Please do not hesitate to contact this office if you have any questions regarding the above. Enct. " Very truly yours, Bennett Orlowski, Jif. ~3 Chairman RAY'fOND L. JACOBS SUPEKINTEi~DE~NT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOW~ OF SOUI'HOLD JAMES A. RICHTER ~NGINEERING INSPECTOR 765-3070 BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK '11971 17, 1992 RE: HARBOR PARK HOMES (MAJOR) HARBOR LANE - CUTCHOGUE SCTM # 1000 - 97 06 - 17 1000 - 103 - 01 - 20.5 & 20.6 DEAR MR. ORLOWSKI: AS PER YOUR REQUEST, I HAVE REVIEWED THE SUBDIVISION MAP FOR THE ABOVE REFERENCED PROJECT. DUE TO THE CONFIGURATION OF THE SITE AND THE PROPOSED NUMBER OF LOTS THAT WERE APPROVED BY THE Z.B.A., I WOULD RECOMMEND THAT THE DRAINAGE DESIGN BE IN THE FORM OF INDIVIDUAL CATCH BASINS AND LEACHING POOLS. ; THE NUMBER OF POOLS REQUIRED SHOULD BE CALCULATED '"~ROM THE · CRITERIA LISTED IN THE TOWN HIGHWAY SPECIFICATIONS. THE NEW POOLS SHOULD BE LOCATED IN THE ROAD SHOULDER AREA OF THE EXISTING TOWN R.O.W. ALONG HARBOR LANE. THE DESIGN SHOULD TAKE INTO ACCOUNT THE EXISTING CONTOURS OF THE ROAD AND THE EXISTING LOW POINTS SHOULD BE ESTABLISHED AS THE LOCATIONS FOR THE NEW CATCH BASINS IF YOU HAVE ANY QUESTIONS CONCERNING THIS REVIEW, PLEASE CONTACT MY OFFICE. CC: RAYMOND L. JACOBS (SUPERINTENDENT OF HIGHWAYS) FILE APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4070. i i-- . .~_~ ~ SOUT~iOID~];~,i Upon Application of DALCHET CORP., WILLIAM ORLOWSKi~;t~":D- LORRAINE ORLOWSKI. Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for approval of: (a) proposed lot No. 3 containing less than 80,000 sq. ft. in this R-80 Zone District {the remaining four lots will meet the 80,000 sq. ft. requirement}, and/or: (b) Article KVIII, Section 100-181C(2) for approval of the total area of 9.04 acres for a density of five proposed lots in this mixed R-80 and R-40 Zone District. Location of Property: Westerly Side of Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-097-6-17 and 1000-103-1-20.5 and 20.6, containing a total area of 9.04 acres. ' 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 WHEREAS, a public hearing was held on March 25, 1992, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following Findings of Fact: 1. This is an application concerning a 9.04-acre parcel of vacant land situated along the westerly side of Harbor Lane in the Hamlet of Cutchogue, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 97, Block 6, Lot 17 and Section 103, Block 1, Lot Nos. 20.5 and 20.6. 2. The subject 9.04 acre parcel is substantially located in the R-80 Zone District, with the exception of a 20,300+- sq. ft. area located in the R-40 Zone District. 3. For the record, the following are also noted: (a) November 25, 1991 - An application was submitted for consideration with maps as amended from the original plan ~age 2 - Appl. No. ~-~70O Matter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 prepared June 20, 1991 - the first revision dated October 23, 1991; (b) December 6, 1991 coordination to Planning Board for comments on the current layout of the proposed subdivision; (c) December 9, 1991, the October 239 1991 map was discussed before the Town Planning Board without resolution as to which layout would be most acceptable.. ~ (d) December 23, 1991 - receipt of Planning Board response to our coordination letter concerning the maps filed; P.B. correspondence was forwarded to the applicant's attorney indicating that the P.B. required a clustered layout of four lots to include Lot #1 of 54,000+- sq. ft., Lot #2 of 46,000+- sq. ft., Lot #3 of 70,000+- sq. ft., and Lot #4 of 207,000+- sq. ft. and 15,500+- sq. ft. reserved for a 50-ft. future "tap road" to land of Pung to the west. (e) February 21, 1992 - five-lot cluster plan submitted by the applicant with basically the same concept as a four-lot layout, except that instead of a fourth parcel of 207,000+- sq. ft. as suggested by the Planning Board, two parcels are proposed: #4 of 83,000 sq. ft. and #5 of 124,000 sq. ft. A copy of this plan was then transmitted to the Planning Board for their update and review/comments. (f) March 6, 1992 - Planning Board Office response concerning the February 5, 1992 five-lot cluster layout indicating that the P.B. is not in favor of the plan since it includes a five-lot density instead of four-lot density, and did not show land for drainage purposes. (g) March 25, 1992 - P.B. received letter from Engineering Department (James Richter, R.A.) indicating that drainage rings could be installed in lieu of a recharge basin. (h) March 25, 1992 - Z.B.A. hearing held and concluded, pending receipt of a final map showing building envelope for proposed Lot #3 and with the same lot-line concept as the first plan amended October 23, 1991 {instead of a cluster layout}. Final map was lastly dated April 3, 1992 and conformed to the ZBA's requirements. 4. The relief requested by the last map submission is for an area of 6,096 sq. ft. for proposed Lot #3, for a percentage of .0762 from the lot area requirement. The remaining four lots will conform with the lot size requirements of the zoning code. ~ge 3 - Appl. No. ~ 0 Matter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 5. It is the position of this Board that the uniformity in size rather than the suggested cluster layout is not unreasonable and is preferred in considering the nature of the surrounding areas. 6. In considering this application, the Board also finds and determines: (a) the relief as requested is not substantial in relation to the code requirements; (b) the practical difficulties claimed are sufficient to warrant a grant of this variance; (c) that the relief as granted will not alter the essential character of the neighborhood -- the property is surrounded on the east and to the north by nine parcels substantially smaller than that proposed by this application {ranging from 46,054 sq. ft. to as little as 12,768 sq. ft.} (d) the difficulties cannot be obviated by some method feasible to the appellants to pursue, other than a variance - a cluster concept is not more practical under the present circumstances when considering the existing character of this residential community and the layout of this 9.04 acre tract of land; (e) that the properties along the easterly side of Harbor Lane to the east are located in different zone districts, i.e. R-40 and R-80. (f) that a denial of this variance would in turn require a very large over-sized parcel of more than 150,000+- sq. ft. in lot area at the southerly end - which will be an unreasonable burden to the landowner, and would create undersized parcels at the northerly end in an area where the 80,000 sq. ft. lots would provide a more open, rural environment land. (g) that the relief requested will not, in turn, be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (h) that the relief requested will not cause an adverse effect on available governmental facilities; (i) that the relief is the minimum necessary to afford relief; ~age 4 - Appl. No. ~(. /0i Matter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 (J) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance as requested and further noted below. Accordingly, on motion by Mr. Goehringer, ~econded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for proposed Lot #3 of 73,904 sq. ft. (or 58,400+- when excludin t 310' "tan ro=~,, ~ ~ .... g he possible future 50' x ~ ~ ~ ~n~ now o~ Pung), and frontage along the westerly side of Harbor Lane of 50.0 feet, all as more particularly shown on the sketch plan map prepared by Roderick VanTuyl, P.C. referred to as "Harbor Park Homes" (for Dalchet Corp.) lastly revised April 3, 1992. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk GERARD p. GOEHRINGER, CHAIRMAN-- " ' 617.21 , ' EQ Appendix A ilJLJl ;~/ /i s State Environmental Quality Review {['. · " FULL ENVIRONMENTAL ASSESSMENTIFOR~ ' Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly man~projec or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequen; ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determin significance may have little or no formal knowledge of the environment or may be technically expert in environmenta analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affect n. the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatio, process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to ~it a project or action · Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given proje~:t and its si~e. By identifying basic projec data, it assists a reviewer !n the analysis that takes place in Parts 2 and'3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provider guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not th~ impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions the Portions of EAF completed for this project: [~ Part 1 ~ Part 2 C]Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the ma§itude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a.significant tm.pact on the environment, therefore a negative declaratio~ will be prepared. I-I B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions HARBOR PARK_HOMES Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency November 4 , Title of Responsible Officer Signature of Preparer (If different from responsible off cer) 199]_ Date IT 1--PROJECT INFORMATI( Prepared by Project Sponsor ' NOTICE: This document is designed to assist in determining whether the action proposed may have a significant ef; on the environment. Please comptete the entire form, Parts A through E. Answers to these questions will be cons)de as part of the application for approval and may be subject to further verification and public review. Provide any additic information you beli~Vb Will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not )nyc new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spe, each instance. NAME OF ACTION Harbor Park Homes LOCATION OF ACTION (Include Street Address, Municipality and County) Harbor Lane, Cutchogue, New York NAME OF APPLICANT/SPONSOR Dalchet Corporation, William Orlowski and Lorraine Orlowski ADDRESS BUSINESS TELEPHONE (516)734-6782 ZIP CODE 11935 Pequash Avenue, CutchOque, New York 11935 CITY/PO Cutchogue STATE NAME OF OWNER (if different) NY N/A I BUSINESS TELEPHONE ADDRESS ( ) N/A C~TY/PO -- I STATE I ZIP CODE DESCRIPTION OF ACTION Subdivision of 9.04 acres into five building lots on the southweste.rly side of Harbor Lane, Cutchogue, New York (Suffolk County Tax Map NO. District 1000, Section 097.00, Block 06.00, Lot 017.000 and District 1000, Section 103.00, Block 01.00, Lots 020.005 and 020.006). Please Complete Each Question--Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present tand use: i-lUrban [:]Industrial I~Forest [~Agriculture 2. Total acreage of project area: 9.04 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) 0 Forested _O Agricultural (Includes orchards, cropland, pasturb, etc.) 9 Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) __ O Water Surface Area 0 Unvegetated (Rock, earth or fill) 0 Roads, buildings and other paved surfaces 0 Other (Indicate type) 0 3. What is predominant soil type(s) on project site? topsoil f-lCommercial C:]Other E]Residential (suburban) i-IRural (non-fart PRESENTLY AFTER COMPLETION acres 0 acres acres 0 acres _ acres 0 acres a. Sod drainage: [~Well drained 100 % of *ire I-]Moderately ~vell drained _ % of site F-IPoorly drained % of site b, If a~y agricultural land is involved, how many acres of soil are classified within soil group ) through 4 of the NY; Land Classification System? 9.04 acres. (See1 NYCRR 370). 4. Are there bedrock outcropplpgs on project site? I-lYes IX]No a. What is depth to bedrock? N/A (in feet) 2 ., 5.,Approximate percentage of proposed with slopes: D~0-10% "' ' ' 1~15% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? I-lyes ~No (~". Is project substantially contiguous to a site listed on the Register of National Natural Landmarks~' i-lYes [No 8. What is the depth of the water table~ 40 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? i-lyes [No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? E]Yes IR1No ' 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered.~ I-lYes l~lNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) I-lYes L~No Describe N/~. 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? I--IYes l~No If yes, explain 14. Does the present site include scenic views known to be important to the community? E3Yes []No ' 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes; ponds, wetland areas within or contiguous to project area: a. Name N/,~_ b. Size (In acres) 17. Is the site served by existing public utilities? [~Yes E]No a) If Yes, does sufficient capacity exist to allow connection? []Yes [-1No b) If Yes, will improvements be necessary to atl0w connect on? I-lyes [~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [~Yes lcj. Is the site located in or substantially contiguous to a Critical Environmental Area designa'ied pursuant to Article 8 . of the ECL, and 6 NYCRR 6177 l-lYeS ~]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? F-lYes ]~]No 'B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by. project sponsor 9.04 acres. b. Project acreage to be developed: 9.04 acres initially; 9.04 acres ultimately. c. Project acreage to remain undeve!oped _. 0 acres. d. Length of project, in miles: N/,~ (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces ex st ng N/A ; proposed ~/A g. Maximum vehicular trips generated per hour _ 5 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Famdy Condominium Initially 5 0 0 0 Ultimately _ 5 0 0 0 i. Dimensions (in feet) of largest proposed structure _ 35 height; 30 width; __60 length. j. Linear feet of frontage along a public thoroughfare project will occupy is~ 7._.~03~.2_~8. ft. ,,2. How much natural ~rnaterial (i.e., 0' earth, etc.) will be removed from 3. Will disturbed areas be reclaimed? f-lYes ENo ~N/A a. If yes, for what intendec: purpose is the site being reclaimed? I~/A b. Will topsoil be stockpiled for reclamation? r-lyes [~No c. Will upper subsoil be stockpiled for reclamation? EYes [No 4. How many acres of vegetation [trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest [over 100 years old) or other locally-important vegetation be removed by this project? f-lyes ~No 6. If single phase project: Anticipated period of construction 0 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase c. Approximate completion date of final phase d. Is phase I functionaUy dependent on subsequent phases? 8. Will blasting'occur during construction? i--lyes [No 9. Number of jobs generated: during construction 6 10. Number of jobs eliminated by this project. 0 11. Will project require relocation of any projects or facilities? 0 tons/cubic yardi months, (including demolition). month year, (including demolition) mont~ year. I-lYes [:]Nc~~ ; after project is complete 0 [:]Yes ]gNo If yes, explain gT/A 12. Is surface liquid waste disposal involved? EYes [~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount gT/,g. b. Name of water body into which effluent will be discharged gT/A_ 13. Is subsurface liquid waste disposal involved? I-lyes r~No Type ~/A 14. Will surface area of an existing water body increase or decrease by proposal? r-lYes Explain t~/A E~No 15. Is project or any portion of project located in a 100 year flood plain? r-]Yes 16. Will the project generate solid waste? EYes ~lNo a. If yes, what is the amoun;c per month tons b. If yes, will an existing solid waste facility be used? E]Yes I-]No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain [~No ~-lYes ~No 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what ii the anticipated site life? __ 18. Will project use herbicides or pesticides? I~Yes EYes ~]No . tons/month. years. [~No 19. Will project routinely produce odors [more than one hour per day)? ~lYes [~gNo 20. Will project produce operating noise exceeding the local ambient noise levels? [~Yes 21. Will project result in an increase in energy use? [~Yes E]No If yes , indicate type(s) T,±].CO 22. If water supply is from wells, indicate pumping capacity 20 . gallons]minute. 23. Total anticipated water usage per day 200 gallons/day. 24. Does project involve Local, State or Federal funding? E3Yes []No If Yes, explain I~No 4 Approvals Required: Ty! Submittal Date City, Town. Village Board I-lYes U1No City, Town, Village Planning Board []Yes l-)No City, Town Zoning Board I-IYes ~]No City, County Health Department ~]Yes I-INo Other Local Agencies ~lyes [No Other Regional Agencies [2]Yes ~]No State Agencies [-]Yes ~lNo Federal Agencies DYes ~No Magor Subdivision Article 6 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? DYes I-)No .. If Yes, indicate decision required: I-)zoning amendment [~zoning variance pi')special use permit I~subdivision [site plan Phew/revision of master plan [-1resource management plan i-lother 2. What is the zoning classification(s)of the site? Low Density Residential (R-DC)& Low Density Residential (R:40) . -- 3. What is the maximum potential development et the site ifdeve epee as permitteo by the present zoning? Five one-family dwellinqs 4. What is the proposed zoning of the site? Low Density Residential (R-80) & Low Density Res ictentla3. 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Five one-family dwellings 6. Is the .proposed action consistent with the recommended uses in adopted local land use plans? ~]Yes DN 7. What are the predominant land use(s) and zoning classifications within a ~/~ mile radius of proposed action? sinqle family residences; R-40 8. Is the proposed action compatible with adjoining/surrounding land uses within a 'A mile? ~]Yes I~N 9. If the proposed 'action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 7__3,__904 sq. ft. 10. Will proposed action require any authorization(s) for the formation of sewer or water districts~ DYes 11. Will the proposed action create a demand for any community provided services (recreation, education, polic( fire protection)? ][]Yes I-INo a. If yes, is existing capacity sufficient to handle projected demand? K]Yes [qNo 12. Will the proposed action result in the generation of traffic significantly above present levels? DYes ]~Nc a. If yes, is the existing road network adequate to handle the additional traffic? []Yes I-INo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any advers~ impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate o avoid them. E. Verification I cerhfy that the information provided above is true to the best of my knowledge. Applicant/Sp.o~,~r Name Dalchet Corporation '' ' .. 11/4/91 ~S~ ~l~ki ,flhea~tioni~inlheC~stalArea, ' (tateagency, co~,fgtelheCoastalA~asmenl Formbefo,ep,oc:;din, wil~ Ihi~ asse~n~ / and you are a Willi~ ~lo~ki ~a~e Orl~ski 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 OFSOUTHOLD September 15, SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 1992 Richard F. Lark P.O. Box 973 Cutchogue, NY 11935 RE: Major Subdivision of Harbor Park Homes Harbor Lane, Cutchogue SCTM#1000-97-6-17 103-1-20.5 & 20.6 Dear Mr. Lark: The following three resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, September 14, 1992. BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. BE IT RESOLVED that the Southold Town Planning Board. grant sketch approval on the maps dated April 3, 1992. BE IT RESOLVED that the Southold Town Planning Board adopt the August 17, 1992 Engineering Inspector's report. Sketch plan approval is conditional upon submission of preliminary maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The preliminary submission must include drainage plan as per the Engineer's August 17, 1992 report. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, J~. ~3 Chairman Encl. RICHARD E LARK ATTORNEY AT LAW MAIN ROAD - ~ O. BOX 973 CUTCHOGUE, NEW YORK 1~935 TelepHone 516 734-6807 September 14, 1992 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Subdivision for "Harbor Park Homes" $CTM #1000-097.00-06.00-017.000 and SCTM #1000-103.00-01.00-020.005 and 020.006 Dear Mr. Orlowski: Pursuant to your letter dated August 25, 1992 I am enclosing Check No. 716 of Dalchet Corporation, payable Southold Town, in review fee on the RFL/bd Enclosure the amount of $400.00 SEQRA determination. to for the consultant SOUTHO~ ~ % RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P O, BOX 973 CUTCHOGUE, NEW YORK 11935 TElePHONe 516 ?34-6807 September 9, 1992 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Subdivision for "Harbor Park Homes" SCTM 41000-097.00-06.00-017.000 and SCTM 91000-103.00-01.00-020.005 and 020.006 Dear Mr. Orlowski: In reviewing your letter dated August 25, 1992 and the report of James Richter of August 17, 1992 I have discussed this matter regarding the catch basins and leaching pools with both Mr. Van Tuyl and the owners. Due to the topography of the property, the uncertainty of where to place the catch basins and leaching pools and the fact it is an established neighborhood with houses on all sides I would suggest there be a covenant placed on each of the five proposed lots in the subdivision, wherein when houses are constructed on the lots, the front yard landscaping be such that it prohibit the drainage of surface water onto Harbor Lane if this is the intent of Mr. Richter. RFL/bd Very truly yours, Rlcnaro F.-bark 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 Il971 Fax (516) 765-1823 August 25, 1992 Richard F. Lark P.O. Box 973 Cutchogue, New York 11935 RE: Proposed Major Subdivision Harbor Park Homes Harbor Lane, Cutchogue SCTMg 1000-97-6-17 and 1000-103-1-20.5 & 20.6 Dear Mr. Lark: Enclosed please find a copy of the August 17, 1992, report from James Richter. This report will be formally adopted at the Planning Board's September 14, 1992 public meeting. The Planning Board will also be making a determination on the sketch plan and will be initiating a coordinated review under the State Environmental Quality Review Act (SEQRA) at the September meeting. Before a SEQRA determination is made, the Long Environmental Assessment Form will be forwarded to our consultant for review. The fee for this review is $400.00. Your client will be required to pay this fee before the Board will authorize the consultant to proceed with his review. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlows~i, Jr~ ~j Chairman Encl. RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 BENNETT ORLOWSKI, JR. CHAIRMAN PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 RE: HARBOR PARK HOMES (MAJOR) HARBOR LANE - CUTCHOGUE SCTM # 1000 - 97 - 06 - 17 1000 - 103 - 01 20.5 & 20.6 DEAR MR. ORLOWSKI: AS PER YOUR REQUEST, I HAVE REVIEWED THE SUBDIVISION MAP FOR THE ABOVE REFERENCED PROJECT. DUE TO THE CONFIGURATION OF THE SITE AND THE PROPOSED NUMBER OF LOTS THAT WERE APPROVED BY THE Z.B.A., I WOULD RECOMMEND THAT THE DRAINAGE DESIGN BE IN THE FORM OF INDIVIDUAL CATCH BASINS AND LEACHING POOLS. THE NUMBER OF POOLS REQUIRED SHOULD BE CALCULATED FROM THE CRITERIA LISTED IN THE TOWN HIGHWAY SPECIFICATIONS. THE NEW POOLS SHOULD BE LOCATED IN THE ROAD SHOULDER AREA OF THE EXISTING TOWN R.O.W. ALONG HARBOR LANE. THE DESIGN SHOULD TAKE INTO ACCOUNT THE EXISTING CONTOURS OF THE ROAD AND THE EXISTING LOW POINTS SHOULD BE ESTABLISHED AS THE LOCATIONS FOR THE NEW CATCH BASINS. IF YOU HAVE ANY QUESTIONS CONCERNING THIS REVIEW, PLEASE CONTACT MY OFFICE. CC: RAYMOND L. JACOBS (SUPERINTENDENT OF HIGHWAYS) FILE 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 19q2~ SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: Application Name: Tax Map No.: Street Location: Hamlet Location: The Southold Town Planning Board hereby refers the following application for your review. 1000- ~7- 6-17 q~$ ~- t-ao.~,~6 Type of Application: Sketch Subdivision Map Preliminary Subdivision Map (Dated / Final Subdivision Map (Dated / Road Profiles (Dated / ) (Dated / ) Grading and Drainage Plans (Dated / ) Other (Dated / / ) Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated / / ) Grading and Drainage Plans Other (Dated / / ) (Dated / / ) Contact Person: RICHARD f. LARK ATTORNEY AT LAW MAIN ROAD - F~ O. BOX 973 CUTCHOGUE, NEW YORK ~1935 TELEPHONE 516 734-6807 July 2, 1992 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Subdivision for "Harbor Park Homes" SCTM #1000-097.00-06.00-017.000 and SCTM #1000-103.00-01.00-020.005 and 020.006 Dear Mr. Orlowski: In connection with the above-captioned matter, I am enclosing two prints of the revised Sketch Plan, last amended April 3, 1992 which has been approved by the Board of Appeals. Also enclosed is a copy of the Action of the Board of Appeals No. 4070 dated May 27, 1992. If all is in order, I would appreciate you letting me know so we can proceed with this application. RFL/bd Enclosures Very?~guly yoursF~ Richard F. Lark APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 Appl. No. 4070. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS · 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 SOUTHOLDT~:;,i Upon Application of DALCHET CORP., WILLIAM ORL~ LORRAINE ORLOWSKI. Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for approval of: (a) proposed lot No. 3 containing less than 80,000 sq. ft. in this R-80 Zone District {the remaining four lots will meet the 80,000 sq. ft. requirement}, and/or: (b) Article XVIII, Section 100-181C(2) for approval of the total area of 9.04 acres for a density of five proposed lots in this mixed R-80 and R-40 Zone District. Location of Property: Westerly Side of Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-097-6-17 and 1000-103-1-20.5 and 20.6, containing a total area of 9.04 acres. WHEREAS, a public hearing was held on March 25, 1992, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application concerning a 9.04-acre parcel of vacant land situated along the westerly side of Harbor Lane in the Hamlet of Cutchogue, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 97, Block 6, Lot 17 and Section 103, Block 1, Lot Nos. 20.5 and 20.6. 2. The subject 9.04 acre parcel is substantially located in the R-80 Zone District, with the exception of a 20,300+- sq. ft. area located in the R-40 Zone District. 3. For the record, the following are also noted: (a) November 25, 1991 - An application was submitted for consideration with maps as amended from the original plan Page 2 - Appl. No. ~70 Matter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 prepared June 20, 1991 - the first revision dated October 23, 1991; (b) December 6, 1991 - coordination to Planning Board for comments on the current layout of the proposed subdivision; (c) December 9, 1991, the October 23, 1991 map was discussed before the Town Planning Board without resolution as to which layout would be most acceptable. ~ (d) December 23, 1991 - receipt of Planning Board response to our coordination letter concerning the maps filed; P.B. correspondence was forwarded to the applicant's attorney indicating that the P.B. required a clustered layout of four lots to include Lot #1 of 54,000+- sq. ft., Lot #2 of 46,000+- sq. ft., Lot #3 of 70,000+- sq. ft., and Lot #4 of 207,000+- sq. ft. and 15,500+- sq. ft. reserved for a 50-ft. future "tap road" to land of Pung to the west. (e) February 21, 1992 five-lot cluster plan submitted by the applicant with basically the same concept as a four-lot layout, except that instead of a fourth parcel of 207,000+- sq. ft. as suggested by the Planning Board, two parcels are proposed: #4 of 83,000 sq. ft. and #5 of 124,000 sq. ft. A copy of this plan was then transmitted to the Planning Board for their update and review/comments. (f) March 6, 1992 - Planning Board Office response concerning the February 5, 1992 five-lot cluster layout indicating that the P.B. is not in favor of the plan since it includes a five-lot density instead of four-lot density, and did not show land for drainage purposes. (g) March 25, 1992 - P.B. received letter from Engineering Department (James Richter, R.A.) indicating that drainage rings could be installed in lieu of a recharge basin. (h) March 25, 1992 - Z.B.A. hearing held and concluded, pending receipt of a final map showing building envelope for proposed Lot #3 and with the same lot-line concept as the first plan amended October 23, 1991 {instead of a cluster layout}. Final map was lastly dated April 3, 1992 and conformed to the ZBA's requirements. 4. The relief requested by the last map submission is for an area of 6,096 sq. ft. for proposed Lot #3, for a percentage of .0762 from the lot area requirement. The remaining four lots will conform with the lot size requirements of the zoning code. Page 3 - Appl. No. Matter of DALCHET CORP. & OTHERS Regular Meeting of May 7, 1992 5. It is the position of this Board that the uniformity in size rather than the suggested cluster layout is not unreasonable and is preferred in considering the nature of the surrounding areas. 6. In considering this application, the Board also finds and determines: (a) the relief as requested is not substantial in ~ relation to the code requirements; (b) the practical difficulties claimed are sufficient to warrant a grant of this variance; (c) that the relief as granted will not alter the essential character of the neighborhood -- the property is surrounded on the east and to the north by nine parcels substantially smaller than that proposed by this application {ranging from 46,054 sq. ft. to as little as 12,768 sq. ft.} (d) the difficulties cannot be obviated by some method feasible to the appellants to pursue, other than a variance - a cluster concept is not more practical under the present circumstances when considering the existing character of this residential community and the layout of this 9.04 acre tract of land; (e) that the properties along the easterly side of Harbor Lane to the east are located in different zone districts, i.e. R-40 and R-80. (f) that a denial of this variance would in turn require a very large over-sized parcel of more than 150,000+- sq. ft. in lot area at the southerly end - which will be an unreasonable burden to the landowner, and would create undersized parcels at the northerly end in an area where the 80,000 sq. ft. lots would provide a more open, rural environment land. (g) that the relief requested will not, in turn, be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (h) that the relief requested will not cause an adverse effect on available governmental facilities; (i) that the relief is the minimum necessary to afford relief; APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 26, 1992 SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 · Southold, New York 11971 Fax (516) 765-1823 Telephone (516} 765-1800 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 4070 - Dalchet Corp. (Harbor Park Homes) Dear Mr. Lark: Please find attached a copy of the Board's findings and determination rendered concerning the above application. Please be sure to return to the Planning Board and any other agencies having jurisdiction in this project for issuance of other necessary approvals and/or permits. Copies of this determination have also been forwarded today to the offices of the Planning Board and Building Department for their update and permanent records. Very truly yours, Enclosure Linda Kowalski Copies of Decision to: Southold Town Planning Board Southold Town Building Department Suffolk County Department of Planning Page 4 - Appl. No. Matter of DALCHET cORp. & OTHERS Regular Meeting of May 7, 1992 (j) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance as requested and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for proposed Lot #3 of 73,904 sq. ft. (or 58,400+- when excluding the possible future 50' x 310' "tap road" to land now of Pung), and frontage along the westerly side of Harbor Lane of 50.0 feet, all as more ? particularly shown on the sketch plan map prepared by Roderick VanTuyl, P.C. referred to as "Harbor Park Homes" (for Dalchet Corp.) lastly revised April 3; 1992. Vote of the Board: Ayes: Grigonis, Dinizio, and Villa. adopted. Messrs. Goehringer, Doyen, This resolution was duly lk GERARD P. GOEHRINGER, CHAIRMAN / APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, .Ir. James Dinizio, Jr. Robert A. Villa T~lephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York !.1971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4070. Upon Application of DALCHET CORP., WILLIAM ORLOWSKI and LORRAINE ORLOWSKI. Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for approval of: (a) proposed lot No. 3 containing less than 80,000 sq. ft. in this R-80 Zone District {the remaining four lots will meet the 80,000 sq~ ft. requirement}, and/or: (b) Article XVIII, Section 100-181C(2) for approval of the total area of 9.04 acres for a density of five proposed lots in this mixed R-80 and R-40 Zone District. Location of Property: Westerly Side of Harbor Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-097-6-17 and 1000-103-1-20.5 and 20.6, containing a total area of 9.04 acres. WHEREAS, a public hearing was held on March 25, 1992, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application concerning a 9.04-acre parcel of vacant land situated along the westerly side of Harbor Lane in the Hamlet of Cutchogue, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 97, Block 6, Lot 17 and Section 103, Block 1, Lot Nos. 20.5 and 20.6. 2. The subject 9.04 acre parcel is substantially located in the R-80 Zone District, with the exception of a 20,300+- sq. ft. area located in the R-40 Zone District. 3. For the record, the following are also noted: (a) November 25, 1991 - An application was submitted for consideration with maps as amended from the original plan 'Pag~ 2 - Appl. No. 400 Matter of DALCHET CORPL & OTHERS Regular Meeting of May 7, 1992 prepared June 20, 1991 - the first revision dated October 23, 1991; (b) December 6, 1991 - coordination to Planning Board for comments on the current layout of the proposed subdivision; (c) December 9, 1991, the October 23, 1991 map was discussed before the Town Planning Board without resolution as to which layout would be most acceptable. (d) December 23, 1991 - receipt of Planning Board response to our coordination letter concerning the maps filed; P.B. correspondence was forwarded to the applicant's attorney indicating that the P.B. required a clustered layout of four lots to include Lot #1 of 54,000+- sq. ft., Lot 92 of 46,000+- sq. ft., Lot ~3 of 70,000+- sq. ft., and Lot #4 of 207,000+- sq. ft. and 15,500+- sq. ft. reserved for a 50-ft. future "tap road" to land of Pung to the west. (e) February 21, 1992 - five-lot cluster plan submitted by the applicant with basically the same concept as a four-lot layout, except that instead of a fourth parcel of 207,000+- sq. ft. as suggested by the Planning Board, two parcels are proposed: #4 of 83,000 sq. ft. and #5 of 124,000 sq. ft. A copy of this plan was then transmitted to the Planning Board for their update and review/comments. (f) March 6, 1992 - Planning Board Office response concerning the February 5, 1992 five-lot cluster layout indicating that the P.B. is not in favor of the plan since it includes a five-lot density instead of four-lot density, and did not show land for drainage purposes. (g) March 25, 1992 P.B. received letter from Engineering Department (James Richter, R.A.) indicating that drainage rings could be installed in lieu of a recharge basin. (h) March 25, 1992 Z.B.A. hearing held and concluded, pending receipt of a final map showing building envelope for proposed Lot #3 and with the same lot-line concept as the first plan amended October 23, 1991 {instead of a cluster layout}. Final map was lastly dated April 3, 1992 and conformed to the ZBA's requirements. 4. The relief requested by the last map submission is for an area of 6,096 sq. ft. for proposed Lot ~3, for a percentage of .0762 from the lot area requirement. The remaining four lots will conform with the lot size requirements of the zoning code. Page 3 - Appl. No. 4~ Matter of DALCHET COR~. & OTHERS Regular Meeting of May 7, 1992 5. It is the position of this Board that the uniformity in size rather than the suggested cluster layout is not unreasonable and is preferred in considering the nature of the surrounding areas. 6. In considering this application, the Board also finds and determines: (a) the relief as requested is not substantial in relation to the code requirements; (b) the practical difficulties claimed are sufficient to warrant a grant of this variance; (c) that the relief as granted will not alter the essential character of the neighborhood -- the property is surrounded on the east and to the north by nine parcels substantially smaller than that proposed by this application {ranging from 46,054 sq. ft. to as little as 12,768 sq. ft.} (d) the difficulties cannot be obviated by some method feasible to the appellants to pursue, other than a variance - a cluster concept is not more practical under the present circumstances when considering the existing character of this residential community and the layout of this 9.04 acre tract of land; (e) that the properties along the easterly side of Harbor Lane to the east are located in different zone districts, i.e. R-40 and R-80. (f) that a denial of this variance would in turn require a very large over-sized parcel of more than 150,000+- sq. ft. in lot area at the southerly end - which will be an unreasonable burden to the landowner, and would create undersized parcels at the northerly end in an area wt~re the 80,000 sq. ft. lots would provide a more open, rural .~nvironment land. (g) that the relief requested will not, in turn, be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (h) that the relief requested will not cause an adverse effect on available governmental facilities; (i) that the relief is the minimum necessary to afford relief; Fag~ 4 - Appl. No. 40g Matter of DALCHET CORPT. & OTHERS Regular Meeting of May 7, 1992 (j) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance as requested and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for proposed Lot #3 of 73,904 sq. ft. (or 58,400+- when excluding the possible future 50' x 310' "tap road" to land now of Pung), and frontage along the westerly side of Harbor Lane of 50.0 feet, all as more particularly shown on the sketch plan map prepared by Roderick VanTuyl, P.C. referred to as "Harbor Park Homes" (for Dalchet Corp.) lastly revised April 3, 1992. Vote of the Board: Ayes: Grigonis, Dinizio, and Villa. adopted. lk Messrs. Goehringer, Doyen, This resolution was duly GERARD P. GOEHRINGER, CHAIRMAN / RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 March 25, 1992 Bennett Orlowski, Jr. Chairman, Planning Board Town Hall, 53095 Main Road Southold, New York 11971 RE: Major subdivision Harbor Park Homes SCTM9 1000-97-6-17 1000-103-1-20.5 & 20.6 Dear Mr. Orlowski, Jr.: I have been asked by your office to review the Yield map for the above referenced subdivision with regards to maintaining open land for drainage purposes. The Town Highway specifications require recharge basins for all subdivisions in excess of 8 acres. This project consists of 9.04 acres. Therefore, a recharge basin should be provided. An area of 120' X 120' would be sufficient to construct an adequate basin to handle any surface water runoff generated on site. In this case, however, the existing site conditions as well as additional Planning Board requirements may lend itself to design modifications. The site in general is relatively flat and in its natural vegetated state will not generate a great volume of surface water runoff. All of the proposed lots will have frontage on existing Town roads where drainage rings, could be installed in lieu of the recharge basin. The Planning Board has also asked for a clustered design with several acres left in their natural state. Depending on the final design (i.e. number of lots, area to be left undeveloped, etc.) it may be possible to eliminate the recharge basin. If you have any questions concerning this matter please contact my office. cc: Raymond L. File Jacobs ~ncerel~ ~ · James A. Richter, 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 199~- SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1t971 Fax (516) 765-1823 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated Final Subdivision Map (Dated Road Profiles (Dated / / ) Grading and Drainage Plans (Dated / / ) Other y~ ~a~ (Dated lo / ~ /~ ) Sketch Site Plan Preliminary Site Plan (Dated / / ) (Dated / / ) Grading and Drainage Plans (Dated / / ) ~ Other ~lanm~a Comments: ~ ~,,9~ ~ ~ I~ ~ ~ ~, aaa ~ Contact Person: ~X;~A ~,~ 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 TO: Gerard P. Goehringer, Chairman FROM: Planning Board (Chairman Orlowski has abstained from review of this subdivision) DATE: March 6, 1992 RE: Proposed Major Subdivision Harbor Park Homes SCTM$1000-97-6-17 and ~1000-103-1-20.5 & 20.6 ZBA Appl. No. 4070 Dalchet Corp., and Others SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 The Planning Board has reviewed the map dated February 5, 1992 for the above mentioned subdivision proposal. The Board is not in favor of the five (5) lot cluster subdivision. The map dated February 5th does not conform to the Planning Board's letter of December 20, 1991 to Richard Lark and the concept plan included with that letter. In addition to including a fifth lot, the map does not indicate land for drainage purposes. The Board requested that the subdivision be clustered with one "large lot" in order to preserve an area of useable open space. The five (5) lot clustered layout shown on the February 5th map does not achieve this purpose. The Board would be in favor of the design shown on the February 5th map subject to the merging of Lots 4 and 5 and a requirement that there be no construction outside of the building envelope indicated for Lot 5. cc: Richard F. Lark 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 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York Il971 Fax (516) 765-1823 December 20, 1991 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, New York 11935 RE: Proposed Major Subdivision Harbor Park Homes SCTMg1000-97-6-17 and ~1000-103-1-20.5 & 20.6 ZBA Appl. No. 4070 Dalchet Corp., and Others Dear Mr. Lark; As a result of the Planning Board's review of the proposed subdivision, and your discussion with the Planning Board at the December 9th public meeting, please note the following: The Planning Board is not in favor of the five ~5) lot subdivision, map dated October 23, 1991, that was proposed for this site. Consequently, we are requiring a clustered layout of four (4) lots for the parcel (the clustered layout shows four lots as the fifth lot does not meet the area requirements for the R-80 Zoning District.) At the meeting the Planning Board gave you a sketch map showing a four (4) lot cluster design. This design shows: A. Three (3) lots at the northerly section of the parcel; and B. One (1) "large lot" at the southerly section of the parcel; and C. A tap road to the land now or formerly of Pung. (Please see the enclosed sketch for clarification of 1A-C above. This sketch corresponds to the map given to you at the meeting.) The Planning Board is reviewing the map dated October 23, 1991 for yield purposes only. However, we find that we can not proceed with our review o~ this five lot subdivision for the following reasons: A. One of the lots (Lot Number 3) subdivision does not meet the for the R-80 zoning District. in the proposed lot area requirements B. The map does not show land for drainage purposes as required by the subdivision Regulations. A copy of this letter will be sent to the Zoning Board of Appeals to advise that Board that the Planning Board will be requiring a clustered layout for the site. In addition, the following items are required to complete the Planning Board's file: 1. Authorization from the owners of the property for you to act as their agent during the subdivision process. 2. The metes and bounds description submitted with the application does not reflect the metes and bounds description on the map. One or the other must be corrected. Maps depicting the four (4) lot cluster subdivision must be submitted before the Planning Board will schedule the proposal for a sketch plan determination. However, the Planning Board will be starting the SEQRA lead agency coordination process upon receipt of the information necessary to complete the file (Numbers 1 and 2 above). Please note that when the SEQRA review is started, the Long Environmental Assessment Form will be forwarded to the Planning Board's Environmental Consultant for review. Your client will be required to pay the $400 review fee before the consultant will proceed with his review. Please contact this office if you have any questions regarding the above. G. Ritchie Latham Planning Board Member (Chairman Orlowski has abstained from review of this subdivision) enc. cc: Gerard P.Goehringer, Chairman, Zoning Board of Appeals ~o6. E4 ® ~LR N~.I t ¢ t~ !Z RICHARD E LARK ATTORNEY AT LAW MAIN ROAD - F~ O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 March 12, 1992 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Subdivision for "Harbor Park Homes" SCTM #1000-097.00-06.00-017.000 and SCTM #1000-103.00-01.00-020.005 and 020.006 Dear Members of the Planning Board: I have received notice from the Board of Appeals that they are going to conduct a public hearing on the above- captioned application, on March 25, 1992 at 8:00 p.m. This hearing is a result of the Petition to the Zoning Board of Appeals dated November 4, 1991. So you might understand the application I am enclosing a copy for your review. Simultaneously with filing the variance request, a subdivision application for five lots was made to the Planning Board. On December 9, 1991 I appeared before the members of the Planning Board and explained that an area variance had to be obtained for proposed Lot 3. At that meeting the members of the Board indicated, for reasons that were not clear, they were not in favor of a five lot subdivision but wanted a cluster four lot layout with a "so called" tap road to land of Pung. After members expressed displeasure with this subdivision application Bennett Orlowski excused himself and then members Mark McDonald and Richard Ward indicated nothing could be done with the subdivision application until the yield question of four or five lots was decided by the Board of Appeals. This approach seemed fair enough since it was obvious the Board members, with the exception of Mr. Orlowski, had not been to the property and it would be best to allow the Zoning Board of Appeals to determine the density for the property since portions of it were in a R-40 District. Subsequently, I was surprised to learn that the Planning Board has attempted to influence the Zoning Board of Appeals by indicating it was not in favor of a five lot subdivision and as a result of communications between the Planning Board and the Zoning Board of Appeals I was informed the Planning Southold Town Planning Board -2- March 12, 1992 Board had requested a cluster development for the project. Upon review of Article XVIII of the Southold Town Zoning Code it is clear the applicant's property does not meet the requirements or purposes for a cluster development as set forth in the code. In addition taking into consideration the surrounding neighborhood, the use of the cluster develop- ment for the purpose of creating open space which will be nothing more than a waste land, is totally inappropriate. However, to accommodate the requests of the Planning Board the surveyor made a revised plan to include a "tap road" to land of Pung. Unfortunately this layout, whether it is a four or five lot subdivision, would require three variances instead of one. Faced with this dilemma the Board of Appeals is having its hearing on March 25th for both plans. Since the members of the Planning Board have expressed their displeasure toward this subdivision, I think fair play demands to have a member of the Board present at the public hearing before the Zoning Board of Appeals to present reasons for their views. RFL/bd Enclosure cc. Southold Town Board of Appeals Very truly yours, Richard F. Lark TOWN OF SOUTHOLD, blEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO, DATE .N..qv...e...m~...e...r.....4..i.,.. 1991 TO *HE TOWN OF SOUTHOLD, N. ¥. (no #) Pequash Avenue ~, (w,).~'~'~.!.~..9~ .......... of .~..~Qn..~P~ ........................ ~ .............. Name of Appellant Street and Number ~tc~e N~ York ..~!9~a~ ....................................................................... ~W..q~K~9I ...... HERESY AP~L TO Munici~lily S~ote THE ZONING BOARD OF APPEALS FROM THE DECISION O~ THE BUILDING INSPE~OR ON APPL,CAT~ON FOR ~ERM~T NO ....... ."/A..~ ................... OA~ED ._~.~PA~9~.~..l.9.~...l~.~.~. ....... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) (X) Nome of Applicant for permit of .. L~.?....?...q..u_a..?..n....~y..e..n...u..e. .......... ~.~ .t..c...b.a..~..u..e' ................... ..,..e...w.. Street and Number Municipality Sta PERMIT TO USE PERMIT FOR OCCUPANCYON LOT SIZE LESS THAN 80,000 squa PERMIT FOR SUBDIVISION OF PROPERTY INTO FIVE LOTS ,i¸ I. LOCATION OF THE PROPERTY ..~~......Lgw..i[~D~J,f-Y,..~.~t~,~]~t;;i,~t~,...(~;~9..~..~;~0) 5freer /Hamlet / Use District on Zoning Mop Da[c~[ ~=a[~on District ~000 Section97 Block 6 Lot [7 _ . ........................................ burrenc ~ne~ ~ ~000-[03-[-20,5 & ~ 20.6 P~or Owner ~ Kon~ski 2. PROVISION (5) OF THE ZONING ORDINANCE APP~LED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinate.) Artic]e III Secti0n 100-32 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (Z) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal 3{~3~:(hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was mode in Appeal No ...... .N./...A. ............. Dated ............ ~./..A.. ................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) desirous of obtaining subdivision is requested for the reason .that petitioner, s are a of their property ~nto five lot~, four of which contain 80,000 square feet and one of which contains 73,904 square feet. See Sketch Plan of Subdivision Map of'~arbor Park Homes" Made for Dalchet Corp., prepared by Roderick Van.Tuyl, P.C. dated June 20, 1991, which is attached hereto as Exhibit A. Form (Continue on other side) REASON FOR APPEAL Conhnued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulliesor unneces. cory HAROSHIPbecause your petitioners are the OWners of 9.04 acres of Vacant land on the southwesterly side o{ Harbor Lane, Cutcho u New York. Petitioner,.D~lchet Corporataon acquired this pro~ on March 22, 1961. Orlganally it was part of a lar.ger tract e y ~ but portions of it w · =~ sold. .The ~ema~ning p~operSy is presentl z R-80 (Residentaal Low-Sensory Distract) whach re uire Y oned feet.o~ ~rea for each dwellin - . . q s 80,000 a~qulsataon the Drone~., ~-- ~ on a lot. Sance the t· ...... square Changes. The a~%--E-i~ -~s seen upzoned with ~- uwellangs are on lots .... =, t=o --~un are amproved b - which is R-40, and as ~ zees than the requi~ed zon~,°n~ fama~y ouun areinonconforming b,, toda-~ ~ ~ s Standards. The land in the proposed Subdivision "Harbor Park Homes" is generally level with no significant problems for the erection of one-family homes. Four of the proposed building lots meet with the present zoning requirements of the Town of Southold.. However,. proposed Lot No. 3 contains 73~904 square feet which is 6,096 Square (CONTINUED ON ATTACHED RIDER) 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vici?fy of this property and in this use district ~ecause in this establi-~= .... nezghborhood all of the existing . . o,,=u ~esaaenta~l improved lots ~ath one-famalv dwe located upon them are undersaze~ by today's zoning Standards.~ The~gangs lots range from 12,768 sq~a{e.feet to 3.8,000 square feet. Four of the lots in the proposed subdavlsaon me ~uare feet. Proposed Lo~ ~ , . e~ the zoning standards ~ mm ann ~ n the.neaghboring lots by 61,136 ~3j~0/,~quare f~et and is larger ~;g~g~ ~az? parcels on petitioners,~r~%~ sq~re ~eet. To require p eo wall ~l'a ......... ~..~ ~ny other than wh' ' · ~ ~= =- ~conomlc narosnap and be a- ~-4. ~.ach_ls petitioners. Due to the unique shape and boundary lines of the ' " z~jusglce to the petitioners, property at the present time the the only practical means of subdavldan, the ........ on is is a proper u ' ' talazataon of the land. = ~o~=zny ano as submitted 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE.DISTRICT because the' roo .... ~stablished resadentia ' P p ced ~ubdavzsaon as an an amproved lots are 1 neaghborhood and vartually all of the existing nonconforming as far as lot area, width and depth. Proposed Lot No. 3 for which the variance is requested creates a building lot in this neighborhood which is in keeping with residential character. ~TATE OF NEW YORK ) ) ss 2OUNTY OFSUFFOLK DALCHET CORPORATION Chester Or lows~'~n, at ~e s'~';~'~ ........ ,Worn to this ....... .4.~k ....... day of ......... No.ve~l~.r ..... 19 91 ..... " "-. '~ OF ~¢'d~, ~ OF ~S: ss ~ /~~ n ~ ~ .: -' day of~r, 1991 Lorraine Orlowski NOTARY p~l~ tC OF ~:CW JERSEy ~ ~lic ~C~m~ Expires ~ptem~rs, APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. BY DALCHET CORPORATION, WILLIAM ORLOWSKI AND LORRAINE ORLOWSKI RIDER TO REASON FOR APPEAL QUESTION #1 1. CONTINUED. feet less than the required 80,000 square feet or 92% of the required minimum lot size. Proposed Lot No. 3, being a flag lot, meets all of the other requirements of the zoning code. Considering the existing neighborhood and lot areas the variance as applied for is not substantial in relationship to the zoning standards. In fact proposed Lot No. 3 will be larger in size than the existing lots in this neighborhood. The granting of this variance will not produce any additional burden on available governmental facilities and will not cause a substantial change in the character of the neigh- borhood or be a detriment to the adjoining properties. There is no practical method other than obtaining a variance in subdividing this property. To make proposed Lot No. 3 larger would require making other lots smaller requiring additional variances. To eliminate proposed Lot No. 3 in its entirety would be awkward and cause the remaining lots to be grossly oversized leading to future requests for subdivision of these oversized lots. 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 TO: Gerard P. Goehringer, Chairman FROM: Planning Board (Chairman Orlowski has abstained from review of this subdivision) DATE: RE: March 6, 1992 Proposed Major Subdivision Harbor Park Homes SCTMg1000-97-6-17 and 91000-103-1-20.5 & 20.6 ZBA Appl. No. 4070 Dalchet Corp., and Others SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 The Planning Board has reviewed the map dated February 5, 1992 for the above mentioned subdivision proposal. The Board is not in favor of the five (5) lot cluster subdivision. The map dated February 5th does not conform to the Planning Board's letter of December 20, 1991 to Richard Lark and the concept plan included with that letter. In addition to including a fifth lot, the map does not indicate land for drainage purposes. The Board requested that the subdivision be clustered with one "large lot" in order to preserve an area of useable open space. The five (5) lot clustered layout shown on the February 5th map does not achieve this purpose. The Board would be in favor of the design shown on the February 5th map subject to the merging of Lots 4 and 5 and a requirement that there be no construction outside of the building envelope indicated for Lot 5. cc: Richard F. Lark APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS 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 INTER-DEPARTMENTAL MEMORANDUM TO: Planning Board FROM: Board of Appeals~ DATE: February 24, 1992 SUBJECT: ~OUTHOLD TOWN BOARD Your File - Dalchet Corporation, et al. 1000-097-6-17 and 1000-103-1-20.5 & 20.6 Please find attached a duplicate print of the "sketch plan" of the proposed subdivision map of "Harbor Park Homes" as amended February 5, 1992 (which may already be a part of your file since Mr. Lark's submission on February 21st). It is our understanding that this is the alternative plan prepared in accordance with the Planning Board's request to cluster this project. You will note that the layout provides for five lots and that the premises is partly located in the R-40 and R-80 Zone Districts. It would be appreciated if you would furnish this alternative plan to the Planning Board members for their comments (if any) at the next Planning Board work session or meeting. In the event the Planning Board members have objection to the general lot-line layout, please let us know within the next 21 days (if possible). If the Planning Board would prefer a different layout, different from the first and second plans, please contact the applicants' attorney, Mr. Lark, directly. If we do not hear from you, we will assume you have no objections to the general layout and the variance application will be held for a public hearing at the next hearings calendar. We will await your comments, if any. Thank you. Attachment RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD ' F~ O, BOX 973 CUTCHOGUE, NEW YORK II935 TELEPHONE 516 734-6BO7 February 21, 1992 Zoning Board of Appeals Town of Southold - Town Hall 53095 Main Road Southold, New York 11971 ATT: Linda Kowalski, Secretary RE: Dalchet Corporation and William & Lorraine Orlowski SCTM ~1000-097.00-06.00-017.000 and SCTM #1000-103.00-01.00-020.005 and 020.006 Dear Mrs. Kowalski: Pursuant to our recent telephone conversation I am enclosing a print of the Sketch Plan of Subdivision Map of "Harbor Park Homes", amended Feb. 5, 1992, which was forwarded to me by the surveyor. After you have had a chance to review same kindly give me a call. RFL/bd Enclosure i/cc. $outhold Town Planning Board Very truly yours~ ~R~chard F. ~Lark 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 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 December 20, 1991 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, New York 11935 RE: Proposed Major Subdivision Harbor Park Homes SCTM91000-97-6-17 and %1000-103-1-20.5 & 20.6 ZBA Appl. No. 4070 Dalchet Corp., and Others Dear Mr. Lark; As a result of the Planning Board's review of the proposed subdivision, and your discussion with the Planning Board at the December 9th public meeting, please note the following: The Planning Board is not in favor of the five (5) lot subdivision, map dated October 23, 1991, that was proposed for this site. Consequently, we are requiring a clustered layout of four (4) lots for the parcel (the clustered layout shows four lots as the fifth lot does not meet the area requirements for the R-80 Zoning District.) At the meeting the Planning Board gave you a sketch map showing a four (4) lot cluster design. This design shows: A. Three (3) lots at the northerly section of the parcel; and B. One (1) "large lot" at the southerly section of the parcel; and C. A tap road to the land now or formerly of Pung. (Please see the enclosed sketch for clarification of 1A-C above. This sketch corresponds to the map given to you at the meeting.) The Planning Board is reviewing the map dated October 23, 1991 for yield purposes only. However, we find that we can not proceed with our review o~ this five lot subdivision for the following reasons: A. One of the lots (Lot Number 3) in the proposed subdivision does not meet the lot area requirements for the R-80 Zoning District. B. The map does not show land for drainage purposes as required by the subdivision Regulations. A copy of this letter will be sent to the Zoning Board of Appeals to advise that Board that the Planning Board will be requiring a clustered layout for the site. In addition, the following items are required to complete the Planning Board's file: 1. Authorization from the owners of the property for you to act as their agent during the subdivision process. 2. The metes and bounds description submitted with the application does not reflect the metes and bounds description on the map. One or the other must be corrected. Maps depicting the four (4) lot cluster subdivision must be submitted before the Planning Board will schedule the proposal for a sketch plan determination. However, the Planning Board will be starting the SEQRA lead agency coordination process upon receipt of the information necessary to complete the file (Numbers 1 and 2 above). Please note that when the SEQRA review is started, the Long Environmental Assessment Form will be forwarded to the Planning Board's Environmental Consultant for review. Your client will be required to pay the $400 review fee before the consultant will proceed with his review. Please contact this office if you have any questions regarding the above. y ~ruly Zou~s, G. Ritchie Latham Planning Board Member (Chairman Orlowski has abstained from review of this subdivision) enc. cc: Gerard P.Goehringer, Chairman, Zoning Board of Appeals /.~? ~ ) 04 · . 'PLANNING BOARD 22 DECE~ 9, 1991 Mr. Lark: O.K., the last one I had was the Dalchet application. They are here tonight also. We applied for a subdivision on that. And on that one we have applied to the Board of Appeals because this will take a variance request application to do. Mr. McDonald: You are asking for a variance on lot coverage? Mr. Lark: Lot $3 as it appears on the minor subdivision. It is a curious situation because you can see where the R-40 comes up. The R-40 comes across the street and comes up here and comes down so portions of this property are in R-40 and the rest of it is in R-80, it has been split off there. Mr. Orlowski: Just for the record, I am abstaining from all discussion in this. Mr. Lark: For what reason? Mr. Orlowski: It's an Orlowski. Mr. Lark: Well, I know you know them but what is the basis of objection. Mr. Orlowski: Because we are relatives, should I vote on this? Mr. Lark: Sure. Mr. Orlowski: We are cousins. Mr. Lark: You can decline if you want, you can excuse yourself but not on the basis that it is a relative. Mr. Orlowski: I just did. (Mr. Orlowski left meeting room). Mr. Ward: If you are going to have four lots and this is what the yield is this is how we prefer to see them laid out. (gave Mr. Lark sketch of cluster layout) Mr. Lark: Well, that is not technically true. Make this one lot here? Mr. McDonald: What is the total acreage on this? Mr. Lark: 9.04 acres. Mr. Ward: We are reseruing for the future this right-of-way. Mr. Lark: We discussed that with the adjoining owner and he not interested. is Mr. Ward: Who is the adjoining owner? · - 'PLANNING BOARD 23 DEC]EMu 9, 1991 Mr. Lark: Frank Cichanowicz, he has it in Holly Hollow nursery. We explored that and we also explored that the Board should know ...... Mr. Ward: What happens if Frank sells the property, what are they going to do with it then? Mr. Lark: I have no idea, he is not interested. Also, we explored the ownership with each one of the property owners behind and they are not interested, so we tried that. Mr. Ward: The road really isn't contingent on whether the neighbors want it or not. I mean, we are trying to look to the future in this to a degree. Mr. McDonald: Take it back for your review. Mr. Lark: Is this for me? Mr. Ward: Yes. Mr. Lark: Do you have any questions? Unknown: In other words, they want to do away with the fifth lot? Mr. Lark: Well that is in theory, but look at what they are creating over here. What is it, a three acre lot, a four acre lot? Mr. Ward: At the present time, you don't have a fifth lot. Mr. Lark: That is interesting because some of the property is on R-40. Mr. Ward: What you should do is settle it at the ZBA. Mr. Lark: Yes, but they are going to refer it back to you. Mr. McDonald: Yes, but they will make the decision if you feel :that you are technically entitled to it, they will do the decision on the R-80, R-40 part based on the technical considerations not on whether we like it or don't like it. Mr. Lark: O.K., well we already filed with them. Mr. McDonald: Well, we-'ll make that decision so as far as the technical parts of it go, I don't think our approval or disapproval is going to be significant in any way about the technical aspects. The layout of the property is something else. Mr. Lark: O.K., so what you are saying is if they come back with the fifth lot .... PLANNING BOARD 24 DECEM~ 9, 1991 Mr. McDonald: So, what you are saying, if they come back with a fifth lot. Mr. McDonald: You have five lots. Mr. Lark: So the subdivision plan that we proposed to you is not absurd. Because giving this back you said the subdivision plan we submitted to you is absurd. This is not the same thing at all. Mr. McDonald: I agree. Mr. Lark: It is not even close. Mr. McDonald: Who told you it was absurd? Mr. Lark: Well, I'm just interpreting, by giving me this back you saying this is absurd. Mr. McDonald: What you're saying is that we didn't like it as much as we like this. Mr. Lark: Not you like or dislike, you're saying it's absurd because every one of these things that you raised we explored all with the adjoining property owners and they turned us down. Mr. McDonald: We are not asking you to hook up to the adjoining property owners. Mr. Lark: I know that. Mr. McDonald: As far as the tap road goes, we make tap roads all the time with people who say they are never going to subdivide the property and then we find the properties being subdivided the next month because it has changed hands or circumstances. Now, this is not the final layout so take it back and review it. Mr. Lark: O.K. Mr. McDonald: And you still have the matter before the ZBA that you have to deal with. Mr. Lark: You just have to consider that Chester Orlowski has been dealing with the Building Department for about two years on this situaiion and has spent several thousand dollars in various layouts with VanTuyl because of the peculiarity when the area got from R-40 to R-80 and portions of his property wasn't included see so ...... Mr. McDonald: Hopefully, the ZBA will straighten the yield part out for you. 'PLANNING BOARD 25 DECEMB~ 9, 1991 Mr. Lark: O.K., so is this going to be in abeyance until the ZBA makes a determination? Mr. McDonald: Well, there is no point in designing a subdivision without knowing how many lots are going to be there. Mr. Lark: Alright, that is fair enough so we will be back to you as soon as the ZBA renders a decision. Mr. Orlowski: O.K., Would someone here from Metro like to make a few comments: Mr. Frank Nealon: Mr. Chairman, Members of the Board, I am with Permit Research Environmental consultants. When Valerie telephoned my office this morning and mentioned the fact that they were going to have a hearing tonight, not as much as a public hearing but a presentation or that the application was going before a SEQRA review. I asked if I may come out and share some of our concerns with the Board regarding two particular items. One is the buffer zone in front of the pump islands and number two, the street trees along Depot Road. If I can address the street trees first, I believe the Planning Board suggested that three street trees be planted on the Depot Road side. One in the rear buffer zone, not the buffer zone but the landscaped area and two, along Depot Road in forward landscaped area. Mr. McDonald: Are we carrying the plan on this? Do we have it out. Mr. Frank Nealon: That was an original proposal by the Planning Department for those trees. We have no problem with this tree located here, the rear tree. We believe that the front tree, in time, would cause a sight problem on buses coming down from the school along with traffic traveling east and west on Main Street. If we could affix this one tree, almost equal distance of the tree that is across the street on the other property line, I believe it is about fifty feet back and they would balance off and give visibility to the intersection. If the Board would consider that instead of having two trees in that area. I believe in time they will grow together and cause a sight problem. They were looking for some pretty large size trees there. Mr. Ward: What size tree would you be willing to put in? Mr. Nealon: What ever the town would prefer we would implement there, three feet or four, three inch, four inch, five inch tree so in time it would grow to a dimension that would not obscure and block visibility. SCOTT L. HARRIS SUPERVISOR FAX (516) 765 - 1823 TELEPHONE (516) 765 - 1800 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 BOARD OF APPEALS CHAIRMAN GERARD P. GOEHRINGER 765-1809 OFFICE OF THE ~OARD TOWN OF SOUTHOLD OF APPEALS Richard F. Lark, P.O. Box 973 Cutchogue, NY Re: Appl. No. Dear Mr. Lark: December 6, 1991 Esq. 11935 4070 - Dalchet Corporation, and Others DEC I 0 1991 NG BOARD This letter will acknowledge receipt of the above application and confirm that our office has requested a review for preliminary comments on the proposed subdivision map with the Planning Board, who also has received an application as of November 25, 1991. Board Members will be conducting field inspections and other reviews as may be required by State and local laws prior to advertising this matter for public hearing. In the interim, please provide us with a Disclosure Affidavit for th~ record listing all individuals having an interest in Dalchet Corp. and this project. Please feel free to call at any time if you have questions. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski .' ~P.S. By way of a copy of this letter, we are requesting that the ~ Flanning Board commence formal reviews of the subdivision applica- ) ~ion (an~,~EQRA).and submit comments to you directly, with co i ~ ~o our orrlce, within the next 30 days. p es ~'o: 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 SCOTT L. HARRIS Supemisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 December 3, 1991 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision Harbor Park Homes Harbor Lane Cutchogue $CTM~ 1000-97-6-17 & 103-1-20.5 & 20.6 Dear Mr. Lark: The Planning Board is in receipt of your letter dated November 22, 1991. A hearing date for the above mentioned subdivision has not been set for December 9, 1991, as indicated in your letter. If you wish to address the Planning Board on a matter concerning this proposal, you may do so during the December 9th meeting after the Board finishes the scheduled agenda. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman / MS/ms RICHARD F. LARK November 22, 1991 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Subdivision for "Harbor Park Homes" SCTM #1000-097.00-06.00-017.000 and SCTM ~1000-103.00-01.00-020.005 and 020.006 Gentlemen: In connection with the above-captioned matter, I am enclosing a copy of the Appeal filed with the Southold Town Board of Appeals on November 21, 1991. This is to confirm a hearing date of with the Planning Board. RFL/bd Enclosure December 9, 1991 ard F ./~/~ %~ TOWN OF SOUTHOLD, HEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .N.~.v...e.~_e..r....4...,.. 1991 TO THE Zi~.~.B~Po~EA~, TOWN OF SOUTHOLD, N. Y. · ' (no #) Pequash Avenue (We ......... of ....................................... Nome of Appellant Street and Number Cutehcx~e ~e~ York Milling~...o.n' ....................... New .Je.r.s.e~. .... HEREBY APPEAL TO Municipolity Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF TIlE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ....... ..N./~..; ................... DATED ...,S,..e.p..t..,e..m..,b..e...~...1..~.~....]:..9.?_l, ........ WHEREBY THE BUILDING INSPECTOR DENIED TO .... .C...hes ter qr 19wsk...i. ......... . .... Name of Applicant for permit of 325 Pequash Avenue Cutchogue N~ ....Y..o..r..,k~~. Street and Number Municipality =la ( ) PERMIT TO USE "'-- (X) PERMIT FOR OCCUPANCYON LOT SIZE LESS THAN 80,000 square ·feet (X) PERMIT FOR SUBDIVISION OF PROPERTY INTO FIVE LOTS I. LOCATION OF THE PROPERTY .... ..Lfht.ID~I]~,,~Gy--..~,~B~'...(.R.~.4.'0-..'&-.-'R'~'-80) Street /Hamlet / Use District on Zoning Map District 1000 Section 97' Block 6 Lot 17 - . Dalchet Corporation ................................................... burrenc Owner William &Iorraine Orlowski ~ 1000-103-1-20.5 & ~ Prior 0wner Anna Konarski 20.6 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~1~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ....... .N./...A. ................... Dated ........... .N.../..A. .................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason.that petitioners are desirous of obtaining a subdivision of their property lnto five lots, four of which contain 80,000 square feet and one of w~ich contains 73,904 square feet. See Sketch Plan of Subdivision Map of '~{arbor Park Homes" Made for Dalchet Corp., prepared by Roderick Van.Tuyl, P.C. dated June 20, 1991, which is attached hereto as Exhibit A. Form Z~I (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticoldifficulliesorunneces- sary HARDSHIP because your petitioners ~re the owners of 9.04 acres of vacant land on the se~hwesterly side of Harbor Lane, Cutchogue, New York. Petitioner, Dalchet Corporation acquired this property on March 22, 1961. Originally it was part of a larger-tract* but portions of it were sold. The remaining properby is presently zoned R-80 (Residential Low-Density District) which requires 80,000 square feet of area for each dwelling on a lot. Since the time of its acquisition the property has been upzoned with the various zoning changes. The adjacent properties which are improved by one-family dwellings are on lots much less than the required'zoning, some of which is R-40, and as such areinonconforming by today's standards. The land in the proposed Subdivision "Harbor Park Homes" is' generally level with no significant problems for the erection of one-family homes. Four of the proposed building lots meet with the present zoning requirements of the Town of Southold.. However,.. proposed Lot No. 3 contains 73~904 square feet which is 6,096 square (CONTINUED ON ATTACHED RIDER) 2. The hardshipcreotedis UNIQUEand isnotshared by all properties alike in the immediate vicinity ofthis property and inthis use districtbecause in this established residential neighborhood all of the existing improved lots with one-family dwellings located upon them are undersized by today's zoning standards. These lots range from 12,768 square feet to 38,000 square feet. Four Of the lots in the proposed subdivision meet the zoning standards of 80,000 square feet. Proposed Lot No. 3 is 73,904 square feet and is larger than the neighboring lots by 61,136 to 35,904 square feet. To'require larger size parcels on petitioners' property other than which is proposed will.pIace an economic hardship and be an injustice to the petitioners. Due to the unique shape and boundary lines of the petitioners' property at the present time the proposed subdivision is the only practical means of subdividing the property and as submitted is a proper utilization of the land. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the'proposed subdivision is in an established residential neighborhood and virtually all of the existing improved lots are nonconforming as far as lot area, width and depth. Proposed Lot No. 3 for which the variance is requested creates a building lot in this neighborhood which is in keeping with its residential character. STATE OF NEW YORK ) ) ss COUNTY OFSUFFOLK ) DALCHET CORPORATION Chester Or lows~n, at ~e s 1de n~ Sworn to thls ....... .4.t.b. ............................... day of ..........No.Vel~?.9..~ ............................ 19 91 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. BY DALCHET CORPORATION, WILLIAM ORLOWSKI AND LORRAINE ORLOWSKI RIDER TO REASON FOR APPEAL QUESTION #1 1 · CONTINUED. feet less than the required 80,000 square feet or 92% of the required minimum lot size. Proposed Lot No. 3, being a flag lot, meets all of the other requirements of the zoning code. Considering the existing neighborhood and lot areas the variance as applied for is not substantial in relationship to the zoning standards. In fact proposed Lot No. 3 will be larger in size than the existing lots in this neighborhood. The granting of this variance will not produce any additional burden on available governmental facilities and will not cause a substantial change in the character of the neigh- borhood or be a detriment to the adjoining properties. There is no practical method other than obtaining a variance in subdividing this property. To make proposed Lot No. 3 larger would require making other lots smaller requiring additional variances. To eliminate proposed Lot No. 3 in its entirety would be awkward and cause the remaining lots to be grossly oversized leading to future requests for subdivision of these oversized lots. RICHARD F. LARK ATTORNEY AT LAW NtAIN ROAD ~ R O, BOX 973 CUTCHOGUE, NEW YORK 11935 November 20, 1991 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Subdivision for "Harbor Park Homes" SCTM ~1000-097.00-06.00-017.000 and SCTM ~1000-103.00-01.00-020.005 and 020.006 Gentlemen: In connection with the above-captioned matter, I am enclosing the following: 1. Original and copy of Application for Approval of Plat. 2. Full Environmental Assessment Form. 3. Letter to the Planning Board concerning grading, drainage and new roads. Twelve (12) prints of Sketch Plan of Subdivision Map of "Harbor Park Homes" Made for Dalchet Corp. prepared by Roderick Van Tuyl, P.C. dated June 20, 1991 and amended Oct. 23, 1991. Check No. 706 of Dalchet Corporation payable to Southold Town in the amount of $2,000.00. If all is in order, would you kindly place this matter on the next available Planning Board agenda for their consideration and notify me of the date and time. If you have any questions, do not hesitate to contact me. RFL/bd Enclosures Very tr_uly yours, ~/ipha~' F. L&~k SOUTHOLD TOWN PLANNING BOARD SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: ~, ~ U~ c L.,, ~'~ SCTM~: COFIMENTS: SUBMISSION WITHOUT COVER LETTER SENDER: SCTM~: COMMENTS ; 22 987 Number of pages TORRENS Serial # LLEit,~ OF SUFFOLK COUNTY Certificate # Prior Cfi. # Deed / Mortgage InsLrument Page / Filing Fee Handling ~ . _ TP-584 Nomon EA-5217 (County) . _ EA-5217 (State) .... R.P.T.S.^. _. Corn m. of Ed. 5 . _00 Affidavit Certified Copy Reg. Copy . _ Other Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps Sub Total Sub Total GRAND TOTAL c Amt. I. Basic Tax 2. Additional Tax _._ Sub Total , -, /7 ·-5'7) s m it. Spec./Add. . _ TOT. MTG. TAX Dual Town Dual County Held for Ap~:>rtionment _ -- Transfer Tax . __ Mansion Tax The property covere~by this m~rtgage is or C~ ¢ will be improved by a one or two famil · ~ dwelling only. YES__ _orNO_ [ x~.) If NO, see appropriate tax clause on page ~ of this instrument. Real Property Tax Service Agency Verification Dist. Section Block Lot )oo bo~o. Title Company Information Company Name Title Number CoL, C/r', /// /17,,9__7. FEE PAID BY: Cash Check j Payer same as R & R (or if different}' NAME: Charge __ ADDRESS: In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINt'~:D IN BLACK INK ONLy PRIOR TO RECORDING OR FILING, TO In the Towmhip'of RECORD & RETURN TO (ADDRESS) ~ . ~ording & Endorsement Page This page forms part of the attached .. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS Declaration made this ~,~' day of~- 1998 by Robert J. Droge, currently residing at 112 Wedgewood Drive, Coram, NY 11727-1215, hereinafter called the Declarant. WHEREAS, a Declaration of Covenants and Restrictions was filed in the County Clerk's office in Liber 11688, page 434, on August 5, 1994, describing a 50 foot wide right of way on certain land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, said land hereinafter being more particularly described as Lot Number 3 as shown on the Subdivision Map of "Harbor Park Homes" at Cutchogue, Town of Southold, New York, which map has been filed on November 22, 1994, File Number 9602; and WHEREAS, the Declarant has title to Lot Number 3 as shown on the Subdivision Map of "Harbor Park Homes" at Cutchogue, Town of Southold, New York; and WHEREAS, the Planning Board of the Town of Southold resolved on January 11, 1993 there should be placed on said land a covenant and restriction setting aside a portion of said land for a future road in the event the property to the west is developed; and WHEREAS, the Declarant desires to modify said Declaration of Covenants and Restrictions by replacing that portion of land originally set aside for a right of way with other land contained within Lot No. 3 equally suitable for a right of way for a future road in the event the property to the west is developed;, and WHEREAS, these covenants and restrictions can be modified only at the request of the owner and with the approval of the Planning Board of the Town of Southold, after a public hearing; and WHEREAS, Declarant offers the following Amendment to the current restrictions on Lot No. 3 1. The following described portion of Lot No. 3 is set aside for a future road in the event the property to the west is developed: ALL that certain plot, piece or parcel of land situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being part of Lot 3, Subdivision Map of Harbor Park Homes, filed in the office of the Clerk of Suffolk County on November 22, 1994 as File No. 9602, being more particularly bounded and described as follows: - 2 - BEGINNING at an iron pipe along the westerly line of Harbor Lane at the northeast corner of Lot 3 of said map; THENCE southerly along the westerly line of Harbor Lane South 25 degrees 15 minutes 30 seconds East, 50.00 feet to an iron pipe and the land now or formerly of Dobek; THENCE westerly along the northerly line of said land South 64 degrees 44 minutes 30 seconds West, 140.00 feet to an iron pipe; THENCE through Lot 3 of said map the following four courses and distances: (1) Thence South 64 degrees 44 minutes 30 seconds West, 50.00 feet to a point; (2) Thence on a curve to the right having a radius of 70.00 feet and a length of 53.48 feet to a point; (3) Thence North 71 degrees 28 minutes 21 seconds West, 82.50 feet to a point; (4) Thence on a curve to the left having a radius of 20.00 feet and a length of 15.07 feet to a point on the easterly line of land now or formerly of Pung; THENCE northerly along the easterly line of said land North 24 degrees 38 minutes 50 seconds West, 50.00 feet to an iron pipe and the southerly line of Lot 2 of said map; THENCE easterly through Lot 3 of said map on a curve to the right having a radius of 70.00 feet and a length of 52.75 feet to a point; THENCE South 71 degrees 28 minutes 21 seconds East, 82.50 feet to a point; THENCE on a curve to the left having a radius of 20 feet and a length of 15.27 feet to an iron pipe and the land now or formerly of Lademann; THENCE along the southerly line of said land North 64 degrees 44 minutes 30 seconds East, 190.00 feet to an iron pipe along the westerly line of Harbor Lane and the point or place of BEGINNING; DECL~RA/~T does hereby further warrant, covenant and represent that the foregoing Amendment to the Declaration of Covenants and Restrictions shall bind the Declarant, his heirs, successors and assigns, and any and all persons who shall succeed to the ownership of said land or any part thereof by transfer or otherwise. 1922 987 IN WITNESS WHEREOF, the Declarant executes this Amendment to Declaration of Covenants and Restrictions the day and year first written above. Robert J.~roge ~ State of New York County of Suffolk On this ~ ay of ~ , 1998, before me came Robert J. Droge, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. /~ ~1o. 02 $~4S72~81 ./ ATE OF NEW YORK ]UN"I'Y OF SUFFOLK SS: DWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME C THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF REf ] HEREBY CERTIFY/HAT I HAVE COMPARED THE ANNEXED COPY OF DEED LIBER ~AT PAGE ~/o° 7 RECORDED /~-/.5~ ;D THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL ~ AND OF THE W :EREOF. TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF ~UNTY AND COURT THIS /~ t/~DAY OF ~ ~ ~-~ 199~.,, CERTIFICATE OF CORRECTION Surveyor: Name of Map: Location: Owner: Correction: Executed: Joseph A. Ingegno, N.Y.S. Land Surveyor P.O. Box 1931 Riverhead, NY 11901 Lic. No. 49668 "Map of Harbor Park Homes" Filed November 22, 1994 File No. 9602 Town of Southold Suffolk County Tax Map Designation 1000-103-01-20.10 Robert J. Droge 112 Wedgewood Drive Coram, New York 11727-1215 Reroute the dedicated right of way as shown on the signed and sealed survey and as more fully describe~ on .Exhibit "A", both of which are attac~ h~ ~ on? Sta~ of Ne~ York County of Suffolk On~~ ~ , 1998, before me came Joseph A. Ingegno, to me known to be the individual described in and who executed the foregoing instrument who duly acknowledged to me that he executed the same. Approved: Quellfted in Suffo~ ~ This is to certify that the Planning Board of the Town of Southold approved the map correction described herein by Resolution dated ~p~. ~ , 1998. e rlowskl, Jr. Chairman, Southold Planning Board State of New York County of Suffolk ~,~/w~ ~ ~, 1998, before me came JOSEPH A. INGEGNO, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. Notary ~61bl lc State of New York County of Suffolk .01MA4836820 ComOU,ltfied Iff Suffoll~ CourAy ' .. minion Expin~.s Se~t. 30.1 ~ ORLOWSKI, J__r., to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. RIGHT OF WAY EASEMENT ALL that certain'plot,:piece or parcel of land, situate, lying and being at'lZ~ltehogue, Town of Southold, County of Suffolk and State of New York, being part of Lot 3, Subdivision Map of Harbor Park Homes, filed in the office of the Clerk of Suffolk County on November 22, 1994 as File No. 9602, being more particularly bounded and described as follows: BEGINNING at an iron pipe along the westerly line of Harbor Lane at the northeast corner of Lot 3 of said map; THENCE southerly along the westerly line of Harbor Lane South 25 degrees 15 minutes 30 seconds East, 50.00 feet to an iron pipe and the land now or formerly of Dobek; THENCE westerly along the northerly line of said land South 64 degrees 44 minutes 30 seconds West, 140.00 feet to an iron pipe; THENCE through Lot 3 of said map the following four courses and distances: (1) Thence South 64 degrees 44 minutes 30 seconds West, 50.00 feet to a point; (2) Thence on a curve to the right having a radius of 70.00 feet and a length of 53.48 feet to a point; (3) Thence North 71 degrees 28 minutes 21 seconds West, 82.50 feet to a point; (4) Thence on a curve to the left having a radius of 20.00 feet and a length of 15.07 feet to a point on the easterly line of land now or formerly of Pung; THENCE northerly along the easterly line of said land North 24 degrees 38 m'inutes 50 seconds West, 50.00 feet to an iron pipe and the southerly line of Lot 2 of said map; THENCE easterly through Lot 3 of said map on a curve to the right having a radius of 70.00 feet and a length of 52.75 feet to a point; THENCE South 71 degrees 28 minutes 21 seconds East, 82.50 feet to a point; THENCE on a curve to the lett having a radius of 20.00 feet and a length of 15.27 feet to an iron pipe and the land now or formerly of Lademann; THENCE along the southerly line of said land North 64 degrees 44 minutes 30 seconds East, 190.00 feet to an iron pipe along the westerly line of Harbor Lane and the point or place of BEGINNING. SURVEY OF LOT 3 HARBOR PARK HOMES CUTCHOGUE J r 1922P 985 ~ages TORRENS ed / Mortgage Instrument ~g Fee County) State) :opy Deed / Mortgage Tax Stamp FEES __ SubTotal O~. ~) .__ 98 OCT[5 PB3:32 .... "':: 'i". ~,,u, IAlhE EO.~,t,u "1,. ' CLE \ OF SUFFOLi~ GOUNT¥ Recording / Filing Stamps -- Sub Total C~ + . Mortgage Amt. 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT, MTG. TAX Dual Town __ Dual County Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage i will be improved by a one or two dwelling only. YES or NO __ GRAND TOTAL . If NO, see appropriate tax clause on pa. ~r~ ~ of this instrument. Real Property Tax Service .~ :ency Verification I Title Company Information ~ ~ %[ 8 i ~EPAiD By? / ~ ~/~0~ ~ ~ // Payer s~e as R & R__ Il (or if diffe~nt) / t ~ ~ / [ADDRESS: ~ ~ ~ 1 u~couu · uexuun ~o ~ (ADDRESS) [-- ~ 7 ~ Suffolk County Recording & Endorsement Page This page forms part of ~e attached ~e premises he~in is situated in SU~OLK COU~Y, ~W YO~. TO In made In the VLLLAGE or HAMLET of ~ES 5 THRU 9 MUST BE TYPED OR PRIN"f~,D IN BLACK INK ONLY PRIOR TO RECOR CERTIFICATE OF CORRECTION Surveyor: Name of Map: Location: Owner: Correction: Executed: Joseph A. Ingegno, N.Y.S. Lic. Land Surveyor P.O. Box 1931 Riverhead, NY 11901 No. 49668 "Map of Harbor Park Homes" Filed November 22, 1994 File No. 9602 Town of Southold Suffolk County Tax Map Designation 1000-103-01-20.10 Robert J. Droge 112 Wedgewood Drive Coram, New York 11727-1215 Reroute the dedicated right of way as shown on the signed and sealed survey and as more fully describe~ on Exhibit "A", both of which are attache/he~t/. Jo~ ~. 'I~g- '.$. Bic. ~o. 49668 Sta Ne County of suffolk On ~?~ kg , 1998, before me came Joseph A. IHgegno, to me known to be the individual described in and who. executed the foregoing instrument who duly acknowledged to me that he executed the same. STATE OF NEW YORK County of Suffolk SS.: I, EDWARD P. ROMAINE, ClerkoftheCountyofSuffolkandClerkoftheSupremeCourtoftheState of New York in and for said County (said Court being a Court of Record) DO HEREBY CERTIFY that I havecomparedthe annexed copy of //~.~O._ ,0.,~ ~,<,o,j:;, and that it is a just and true copy of such original ~-'-~'r ~'C~;c¢.. c~' ~z:)/',-.~ c.~r~and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this /.~ f-a_ dayof "~"C. '- i_ Form No. 104 Clerk. State of New York County of Suffolk ~;~/w~ ~ ~, 1998, before me came JOSEPH On A. INGEGNO, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. State of New York County of Suffolk Notary l~ub 1 ic b~ ~ ~Y G. MATSON No~y Public, Eta're of N~Y~ No. O1~63~ ~el~t~ In Suffol~ Cou~ ~ ~mlssion ~ims Se~ ~, 1~ On~j~_~7 , 1998, before me came BENNETT ORLOWSKI, J__r., to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. Notary Public ~/ Nemrv_ _Ct~_ RE L GLEW / RIGHT OF WAY EASEMENT ALL that certain'plot,~ ~iece or parcel of land, situate, lying and being aWCt~iehogue, Town of Southold, County of Suffolk and State of New York, being paxt of Lot 3, Subdivision Map of Harbor Park Homes, filed in the office of the Clerk of Suffolk County on November 22, 1994 as File No. 9602, being more particularly bounded and described as follows: BEGINNING at an iron pipe along the westerly line of Harbor Lane at the northeast corner of Lot 3 of said map; THENCE southerly along the westerly line of Harbor Lane South 25 degrees 15 minutes 30 seconds East, 50.00 feet to an iron pipe and the land now or formerly of Dobek; THENCE westerly along the northerly line of said land South 64 degrees 44 minutes 30 seconds West, 140.00 feet to an iron pipe; THENCE through Lot 3 of said map the following four courses and distances: (I) Thence South 64 degrees 44 minutes 30 seconds West, 50.00 feet to a point; (2) Thence on a curve to the right having a radius of 70.00 feet and a length of 53.48 feet to a point; (3) Thence North 71 degrees 28 minutes 21 seconds West, 82.50 feet to a point; (4) Thence on a curve to the left having a radius of 20.00 feet and a length of 15.07 feet to a point on the easterly line of land now or formerly of Pung; THENCE northerly along the easterly line of said land North 24 degrees 38 minutes 50 seconds West, 50.00 feet to an iron pipe and the southerly line of Lot 2 of said map; THENCE easterly through Lot 3 of said map on a curve to the right having a radius of 70.00 feet and a length of 52.75 feet to a point; THENCE South 71 degrees 28 minutes 21 seconds East, 82.50 feet to a point; THENCE on a curve to the left having a radius of 20.00 feet and a length of 15.27 feet to an iron pipe and the land now or formerly of Lademann; THENCE along the southerly line ofsaid land North 64 degrees 44 minutes 30 seconds East, 190.00 feet to an iron pipe along the westerly line of Harbor Lane and the point or place of BEGINNING. Joseph A. ktgegno LOT 3 H~OR PA~ HOMES CUTCR~UE ~-I I'O:~/N OIr ~:)':,.JTI-.iOL,~.~ ~.LY. 'I 5. ~5' ! 5' ~0" [ - -/ ~ 9,70 80.000 s.~, L ~0,000 $.F. 5,25°F 331.~3~ 5~ +o LAh~E L SO8 ~9 80.000 ~ o .~ ,13 .... · . // 1992 ~0.0~ 14,700 ZlS. oO · , o / ~,., ~/"'fi ,' ,,.'"> ~' :':'" . ~ 5C/',L E:. <'" t-,~[; · -.u4 Au i Ilo~SS S.O, DEPT. OF N,Y,S, Lm. No, 49668 Joseph A. Ingegno Land Surveyor 7?tie Surveya - Subdivlai~a -- Sits Plans - Conmtruction LoJ~ut PHONE (516)727-2090 Fox (518)722-5093 ¢® THE EXISTAHCE OF RIGHT OF WAYS ;o'~ ® SURVEY OF LOT 3 SUBDIVISION MAP HARBOR PARK I-] FILE No. 9602 FILED NOVEMBER SITUA TED A T CUTCHOGUE TOWN OF SOUTH( SUFFOLK COUNTY, NE' S.C. TAX No. 1000-105- SCALE 1"=50' JANUARY 28, 1998 AREA 75,679.79 sq. 1.696 cc. CERTIFIED TO: WILLIAM GOLDE MARIA GOLDE NOTES: 1. REFER TO FILED MAP FOR TEST HOLE DATA. 2. EXISTING ELEVATIONS SHOWN THUS:~ARE REFEREI $. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 1 TANK; 8' LONG, 4'-5" WIDE, 6'-7" DEEP 4. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDRO( 2 POOLS; 6' DEEP, 8' dia. OF OMES 22, 1994 ~LD ¥ YORK )1-20.10 ff. ICED TO AN ASSUMED DATUM. EDROOM HOUSE IS 1,000 GALLONS. HOUSE IS 500 sq fi SIDEWALL AREA.