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1000-103.-9-13
il - tTrs' 'Y%?~, It',' , ~'GA~ TAN.: f %0 J T~P J C~L LAYOUT SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES Haubpeu~e, New York AP~ 1 8 ~1~ This is to certlf iith a total of. on/he above date. These facilll es must conform to _c_o_nstruc. tio, n .~t~ndar,d.s in eh"eDt at the time of constru ti opment plan S duly filed wK~I t,~.L'~. .ye?[..sale subdlv s on/deve this data, Cor~sent is hereby given for the fifin~ of this map on which this e~l~or _.~,_me~.t appears in the,~ffice of the County Clerk in .... Aide Andreofi~ P.E. * O,,~.~ur. O~vl$ion of Environmenta ~uility .... PLAI-4 IpLAHNING BOARD TOWN OF SOUi'HOLD' 2,4 _~QDEmlCL~ VAN TUY..L_~'~,,~__[-'- ,SEAL S'FA , ,I PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S, McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD May 1, 1990 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Rudolph Bruer Attorney At Law Main Road - P.O. Box 1466 Southold, NY 11952 RE: Minor subdivision for Doris Price Moeller Foster SCTM#1000-103-9-13 Dear Mr. Bruer: The following took place at the meeting of the Southold Town Planning Board on Monday, April 30, 1990. The final public hearing, which was opened on February 13, 1989, was closed. The following resolution was adopted by the Southold Town Planning Board: WHEREAS, Doris Price Moeller Foster is the owner of the property known and designated as SCTM~1000-103-9-13, located at the west side of Little Neck Road; 545.15 feet south of Wilson Road in Cutchogue; and WHEREAS, this minor subdivision, to be known as Doris Price Moeller Foster Minor Subdivision, for 3 lots on 8.5 acres; 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 January 19, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on April 30, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and Page 2 Doris Price Moeller Foster be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated March 29, 1990. 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. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. ~ Chairman Encl. cc: Building Department Assessors Office Highway Department Ii043 301 DECLARATION OF COVENANTS AND RESTRICTIONS DISTRICT 1000 SECTION 103.00 BLOCK 09.00 LOT 013.000 DECLARATION made this ~O~day of ~/~C/uJ DORIS P. FOSTER, residing at 3600 Little Neck Road, York 11935, hereinafter referred to as "Declarant". , 1990, by Cutchogue, New W I T N E S S E T H : WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at Cutchogue, Town of Southold, County of Suffolk and State of New York, containing 8.5 acres, and designated on the Suffolk County Tax Map as District 1000, Section 103, Block 09, and Lot 013.000, and referred to herein as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. 1. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. ii 043 302 3. The existing buildings on Lot 2, a barn and a shed, shall not be used for living quarters. 4. There shall be no further subdivision of Lots 1 to 3, inclusive, at any future date unless authorized by the Town of Southold Planning Board. 5. No new residential structure shall be constructed or otherwise located within 75 feet of the upland edge. 6. No new sanitary disposal facility shall be constructed or otherwise located within 100 feet of the upland edge. 7. No stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be discharged into the adjoining bodies of water and the tidal wetlands within. 8. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Eugene's Creek and the tidal wetlands bordering the Creek. 9. A strip of land 8.75 feet wide along the frontage of the property on Little Neck Road shall be offered for dedication for highway widening purposes to bring the road up to modern right-of-way width standards. 10. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such.public hearing but their consent to such modification shall not be required. 11. 11043 i303 , ! These covenants will be effective only at such time as the Southold Town Planning Board endorses the subdivision map and, if this map is required by the Southold Town Planning Board to be filed with the Suffolk County Clerk, only at such time as said map is accepted by and filed with the Suffolk County Clerk. 12. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof, except with the permission of the Southold Town Planning Board, or its then equivalent successor. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, her heirs, successors~ and assigns, any owner of any portion of the aforesaid premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, this indenture has been executed -,year first above written. Doris P. Foster the day and STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the ~5~day of ~~3 , 1990, before me personally came DORIS P. FOSTER, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. ~ Notary Public NOTARY ~BLIC, ~A~ OF N~ ~R~ NO. ~-465~42, SUFFOLK ~UNTY ~ ~MMI~ON ~PiRES AUGUST 31, 19~ ~/ EDSON & BHUER ESQ Main Eoad P.O. Box 1466 , ~;outho!d, NY 11971 SUFFOLK COUNTY CLERK'S OFFICE Hay 21, 1990 Town of Southold Assessor ~i~own of Southold Planning Board Chief Deputy CountY Treasurer To Whom This May Concern: The Subdivision Map o£: DORIS PRICE MOELLER FOSTEH Was Filed, May 21, 1990 @ 10:59 AM Filed Number, 89hl Abstract Number, 11529 Township, Southold Owner: Doris Price Moeller Foster Map Department Form No. 49 Very truly yours, County. Clerk 12-1411V MINOR SUBDIVISION (NO ROAD} Complete application received Application reviewed at work session Applicant advised of necessary revisions Revised sub mission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewell location Notification to applicant to include on final map Sent to County Ptanning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public tIearing Approval of subdivision -with conditions Endorsement of subdivision 14-16-2 (2/87/-- 7c 617.21 Appendix A State Environment:al Quality Review '4;FULL ENVIRONMENTAL ASSESSMENT FOI Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a proj~:t 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 project 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 e,xpert 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 3L Part 2: Focuses on identifying the range of possible impacfs 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 id(~ntified 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 will not have a significant impact 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 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 Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Of[leer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsibleofficer) Date PART 1--PROJECT .FORMATION Prepared-by Project Sponsor NOTICE: This document is designed to assist in determining whether the action ~roposed may have a significant effe, on the environment. Please complete the entire form, Parts A through E. Answers to these questions will he consid(., as part of the application for approval and may be subject to further verification and public review. Provide a~y addition: information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF wilt be dependent on information currently available and will not inv(fl new studies, research or investigation. [f information requiring such additional work is unavailable, so indicate and spe( each instance. NAME OF ACTION SUBDIVISION FOR DORIS P. FOSTER LOCATION OF ACTION (Include Street Address, MunicipaUly and County) 3600 Little Neck Road, Cutchoque, N.Y. - Suffolk County NAME OF APPLICANT/SPONSOR Doris P. Foster ADDRESS P.O. Box 202 I~r.~ TELEPHONE 616 ) 734-6628 CITY/PO Cutchoque NAME OF OWNER (If different) ADDRESS CITY/PC NY 11935 NESS TELEPHO~--- STATE [ ZIP CODE ' DESCRIPTION OF ACTION Subdivison of building lots% 8.5 acre parcel to create three (3) residential 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: E~Urban E]lndustrial ~CommerciaJ ~]Residential (suburban) [~}Forest ~Agriculture [~Other 2. Total acreage of project area: 8·5 ___ acres. APPROXIMATE ACREAGE PRESENI LY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 3 acres 3 ~ acres Forested 1 acres 1 acre~ Agricultural (includes orchards, cropland, pasture, etc ) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 4 acres 4 Water Surface Area Unvegetated (Rock, earth or fill) . 5 acres . 5 Roads, buildings and other paved surfaces a( res ._ a~rc~ Other (indicate type) acres 3 What is predominant soil type(s) on proioct site? Sandy a Soil drainage: ~Well draine(f % of ~.lte [~Poorly drained 50 % ol sale bIf any agricultural land is involved, how many acres of soil are classified within soil group Land Classification System? N/A_ acres. (See 1 NYCRR 370) 4 Are there bedrock outcroppings on project site? ~Yes [~No a. What is depth to bedrock? N/A (in feet) (~Rural (non farr~ l]~Mod,.,rately well (hamed 50 % o) site 5. Approximate percentage of proposed p~!t site with slopes: []0-10% O10-15% % :~15% or greater 100 % 6. Is project substantially c0ntiguot~s ~01 or co~in ~ building, site, or district, listed on the State or the National Registers of. Historic Places? ~]Y~ []No - 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? []Yes 8. What is the depth of the water table? 0-14 (in feet) 9. Is site located over a primary, principal; or sole source aquifer? [~Yes E]No Tl~fo~lT~tioD_ Ltt~_avai'l~Lble 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I~Yes [~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I~Yes [~No 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) EYes [~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? EYes []No If yes, explain 14. Does the present site include scenic views known to be important?o the community? I~Yes ~]No 15. Streams within or contiguous to project area: ~/.~ a. Name of Stream and name of River to which it is tributairy 16. Lakes, ponds, wetland areas within or contiguous to project area: 'frlfo:L-TgatJ.oi! a. Name 13ug'e~e'$ Cz'eek ! b. Size (In acres)Una'cai~able 17. Is the site served by~xisting p?bJic utilities? [Yes ~No a) If Yes, does sufficient capacity exist to allow connection? :~]Y~es ,ENo b) If Yes, will improvements be necessary to allow connection? EYes ENo 18. Is the site located in an agricultural district ~ert$fied l~ursuaat 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 designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 EYes ENo T~-~o~t±o~ Ltnava.±lable 20. Has the site ever been used for the disposal of solid or hazardous wastes? [Yes B. Project Description 1. Physical dimensions and scale of project (fill in dimension~ as.appro:l:~iate~ a. Total contiguous acreage owned or controlled by pro ect sponsor 8.5 b. Project acreage to be developed: R.5 acres initially; i 8.5 c. Project acreage to remain undeve!oped N/~. acres d. Length of project, in miles: Iq/A (If appropriate) : e If the pro[ect is an expansion, indicate percent of expansion proposed acres. acres ultimately. N/A f. Number of off-street parking spaces existing g]/-~ g. Maximum vehicular trips generated [)er hour N/~- h. If residentiaE Number and type of housing units: One Family Two Fa~nih~ Initially ~lling Ultimately 1 - 3 .... i. Dimensions (in feet) of largest proposed structure N/,~. height; width; j. Linear feet of frontage along a public thoroughfare project will occupy is? 6'70 3 · ; proposed N/~. (upon completion of project)? Multiple Family Condominium length. ft. 2 How much natura..naterial(i.e., rock, earth, etc.) will be ren, red from the site;? 3. Will disturbed areas be reclaimed? OYes ENo a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? EYes E3No c. WiU upper subsoil be stockpiled for reclamation? E]Yes []No 4. How many acres of vegetation (trees, shrubs, ground covers} will be removed from site? N/A acres 5. Will any mature forest (over 100 years old) or other locally important vegetation be removed by this project? EYes ~No N/A 6. If single phase project: Anticipated period of construction IXT/A 7. If multi-phased: a. Total number of phases anticipated N/A (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? [']Yes 8. Will blasting occur during construction? []Yes ENo N/A 9. Number of jobs generated: during construction N/A 10 Number of jobs eliminated by this project N/A 11. Will project require relocation of any projects or facdifies? -0- _ tons/cubic yards months, (including demolition) year, (including demolition) 'year ; after project is complete ___ ~Yes ~r~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 b. Name of water body into which effluent will be discharged 13 ts subsurface liquid waste disposal involved? [Yes [~No Type 14 Will surface area of an existing water body increase or decrease by proposal? Explain Applicant is subdividfng cmly- nr3t- d~:volc?in9 prcLrx~.rty 15 Is project or any portion of project located in a 100 year flood plain;? ~Yes 16 Will the proiect generate solid waste? ~Yes ~No a. If ,/es, what is the amount per month tons b If yes, will an existing solid waste facility be used? ~Yes ENo c If ,,,es, give name · location d Will any wastes not go into a sewage disposal system or into a sanitary landfill? e If Yes, explain E]Yes XINu F3 No Information unavailable E~Yes LTJNo 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18 Will proiect use herbicides or pesticides? EYes EYes ~No tons/month years ~No 19 Will proiect routinely produce odors (more than one hour per day)? i~Yes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? ~Yes 21 Will project result in all increase in energy use? []Yes [~No If yes , indicate type(s) Information---- 22 If water supply is from wells, indicate pumping capac~tyttrtavailable gallons/minute 23 Total anticipated water usage per day N/A _ gallons/day 24. Does project revolve Local, State or Federal funding? [~Yes [~No If Yes, explain ~No 4 25. ~pprovals Required: ~ity. Town. Village. Board City. Town~ Village Planning Board City. Town Zoning Board City:-County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies [:]Yes :~] No ~]Yes ONe ~]Yes ONe ~]Yes ONe [:]Yes ~]No OYes ~JNo ~Yes ONe OYes ONe Type Permit to subdivide Variance approval NYS_DEC. :' ~id~i~ ~t~nds Submittal Dat~-- . 11/21/88 12/2/88 C. Zoning and Planning Information I . Does proposed action involve a planning or zoning decision? ~]Yes I-]No_ If Yes, indicate decision required: Ozoning amendment ~zoning variance [:]special use permit [~subdivision [~site plan Onew/revision of master plan [:]resource management plan [:]other 2. What is the zoning classification(s)of the site? A-80 Reside~tial/A~'icultt~al 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Three (3) residential building lots 4. What is the proposed zoning of the site? N/A S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the propose.d action consistent with the recommended uses in adopted.local land use plans? ~]Yes ' 7. What are the predominant land use(s) and zoning classifications within a 1/~ mile radius of proposed action? A-8(~ Residential/Agricultural ONo 8: Is the proposed action compatible with adjoining/surrounding land uses within a V~ mile? ~qYes ONe 9. If the proposed action is the subdivision of land, how many lots are proposed? r1~'L~ee (3) a. What is the minimum lot size proposed? 2.4 acres 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes []No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? [:]Yes ~.. a. if yes, is existing capacity sufficient to handle projected demand? OYes ONe 12 Will the proposed action result in the generation of traffic significantly above present levels? OYes :~No a. If yes, is the existing road network adequate to handle the additional traffic? OYes [:]No. 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 which you propose to mitigate or avoid them. E. Verification I certify that th~- information provided ,above is true to the best of my knowledge. Applicant/SponsorUame_ Doris P. Foster Date 1/9 /89 Signature ~/-- ~ ~5~ Title Owner If the action is in Ihe Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding wilh this assessment. 5 *art 2--PROJECTIMPACTSAF, 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 determinations been reasonable? 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 large impact must be evaluated in PART 3 to determine significance Identifying an impa(t 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 column2 Theexanples aregeneratJy applicahk;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 ~ · The impacts of each project, on each site, in each locality, win 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 quesbon · In identifying impacts, consider long term, short term and cumlative effects Instructions (Read carefulh¢) 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 size of the impact, tf impact threshold equals or exceeds any example prov ded, check co umn 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the ~mpact as potentially large and proceed to PART 3 e. 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 ~s not possible ~his must be explained in Part 3 IMPACT ON LAND 1 Will the proposed action result in a physical change to the project site? [-~NO ~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 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 2. Will there be an effect t~ ..,y u~;,que or unusual land formsiound on the site? (ie , cliffs, dunes, geological formations, etc )~NO · Specific land forms: 6 1 Small to Moderate Impact Fi 2 3 Potential Can Impact Be Large Mitigated By impact Project Change ~ ~Yes ~]No [] F]Yes ~i}No : , ~Yes ,i]No 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) E]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~' I-INO [:]YES 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;~ r~NO I~YFS 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 gallons 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 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 cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visuat. 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 []YES Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 I 2 Small to Potential Can Irt Moderate Large Mitig~ Impact Impact Project [] [] I-lYes [] [] F~Yes [] [] F-lYes [] [] F-lyes [] [] [~]Yes [] [] [-)Yes [] [] liYes [] [] I-lYes [] [] liYes [] [] liYes [] ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~Yes 3 Impact B: By Chang r-~Nc linc J-lNo F'lNo [-']No r~No liNo ~No liNo F1No liNo IqNo E]No F'INo r-]No ~lNo E~]No i--]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? E]NO I-lYES 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 $ 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 8. Will Proposed Action affect any threatened or endangered species? E~NO I~YES 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: 9. Will Proposed Action substantially affect non-threatened or non-endangered species? E]NO r-lYES 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 10 Will the Proposed Action affect agricultural land resources? []NO E]YES 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.) 1 2 Small to Potential Moderate Large Impact Impact 3 Can Impact Be Mitigated By Project Change E~Yes ~]No I--lYes E~]No [~Yes L~No ~]Yes [~No ~]Yes E~]No [~Yes E~]No [~]Yes [~]No [~Yes [~No ~]Yes E~No ~]Yes I-]No [~]Yes E]No [~Yes E]No E]Yes E]No [-~Yes E]No E~Yes [~]No [~Yes E]No [~Yes [~]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 Agricu]tutal District, more than 2.5 acres of a§ricultural 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.~ []NO E3YES (if necessary, use the Visual FAF 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? ~INO 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 wilt 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 ~IyEs · 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 Potential Can Impac Moderate Large Mitigated impact Impact Project Ch~ [] [] I--lyes E [] [] E]Yes E [] [] I-lYes E [] E] I-lyes E [] [] E]Yes E [] [] I--lYes E [] [] r-lyes E [] [] I--lYes I- [] [] E]Yes E [] [] E]Yes . E [] [] I-lyes E [] [] E]Yes E [] E]' nYes [] [] I~Yes I- [] [] F-lyes Be By ge [-]No I-1No E3No I-1No r-lNo E]No [-INo I'-] No E]No r-iNn [:]No I-1No [:]No [-1No L:INo IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? []NO E3YES 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? C1NO FqYES 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 vibration as a result of the Proposed Action? ONO OYES Examples that would apply to column 2 · Blasting within 1,5,00 feet of a hospital, school or other sensitive facility. · Odors will occur routinely {more than one hour per day). · Proposed Action will produce operating noise exceeding the Focal 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 safety? E3NO [~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, 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 I 2 Small to Potential Moderate Large Impact Impact 3 Can Impact Be Mitigated By Project Change [~]Yes E~No E~]Yes E~No [~]Yes [~No [~Yes [~]No [~Yes [-iNo ~]Yes [~]No [~Yes [No [~Yes []No [Yes ~]No [~]Yes [~]NO [~Yes [~]No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community~' DNO K1YES Examples that would apply to column 2 · The permanent population of the city, town or village 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 will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [-]Yes I'-INo [] [] ' I-lyes []No [] [] []Yes []No [] [] []Yes [=]No [] [] []Yes I-]No [] [] [-]Yes []No [] [] [=]Yes []No [] [] []Yes []No [] [] I~Yes []No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts.~ I'qNO [:3YES 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 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicabJe) how the impact could be miti§ated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring . · The duration of the impact · Its irreversibility, including permanent!y 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 attachments) 11 14-14.11 (2187)--9c (5]7.2] Appendix B State Environmental Quality Review Visual EAF Addendum SEQR This form may be used to provide additional information relating to Question 1! of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in bliles) 1. Would the project be visible from: O-iA ]/4-1/2 1/2-3 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 Service lands? · Rivers designated as National or State Wild, Scenic or Recreational? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] · Any transportation corridor 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 scenic? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] · Municipal park, or designated open space? · County road? · State? · Local road? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) []Yes []No Are any of the resources checked in question 1 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 [] t~j Urban [] [] River, Lake, Pond [] [] Cliffs, Overlooks [] ~ Designated Open Space [] [] Flat [] [] Hilly [] [] Mountainous [] [] Other [] [] NOTE: add attachments as needed 5. Are there visually similar projects within: '1/2 mile []Yes ~]No · 1 miles []Yes ~]No · 2 miles [~] Yes E~No · 3 miles []Yes []No · Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work [] [] [] [] Involved in recreational activities [] [] [] [] Routine travel by residents [] [] [] ~ At a residence [] [] ~ U' At worksite [] [] [] [] Other [] [] [] F~ 14-16-4 (9/84J . DIVISION ~ REGU~TORY ~FAIRS ~ l~ State Environmental Quality Review ' ' SHORT ENVIRONMENTAL ASSESSMENT '-- For UNLISTED ACTIONS Only PART I Project Info~atlon (To be completed by Applicant or Project sponsor) Municipality ~ of Southold 4, Is proposed action: Count~ Suffolk [] New [] Expansion 5. Describe project briefly: [] Modification/alterat~on Subdivision of 8.5 acre parcel to create three (3) residential building lots. B, Precise location (road intersections, prominent landmarks, etc. or provide map) See attached copy Suffolk County Tax Map indicating property location. 7. Amount of land affected: InitiaUv _ 8.5 acres Ultimately 8.5 acres g Will proposed action comply with existing zomng or other existing land use restrictionsf [] Yes [] No If No. describe briefly 9. What is present land use in vicinity of projectl [] Residential [] Industrial [] Commercial [] Agriculture Describe: [] Parkland/open space [] Other 10. Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state or Iocal)~ I-~ Yes [] No If ye% list agency(s) and permit/approvals Suffolk County Dept. of Health - Permit to subdivide; NYS D.E.C. - Peri.it to subdivide; Southold Town Z.B.A. - Variance 12. AS result of proposed action will existing permit/approval require modificationf I CERTIFY :rHAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDCE Apphcant~sponsor name; Doris Price Moeller Foster If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (To be completed by Agency) ~'1 A. Does action exceed any Typ~ ~ threshold in 6 NYCRR, part 617.127 If yes. coordinate the review process and use the ELILL~LC)NG FORM EAF _ B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Par~ &17.Tf If No. a negative declaration may be superceded by a,;~tl,~, involved action [] Yes [] No C. Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handwritten, if legible) for erosion. C3. Vegetation or fauna, movement of fish or wild(ire species, significant habitaL~, or threatened or endangered speciesl Explain briefly: C5. Growth. subsequent development, or related activities likely to be induced by the proposed action? Explain briefly C6. Secondary. cumulative, or other effects not identified in C14~67 Explain briefly. C7. A change in use of either quantity or type of energy? Explain briefly. PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); ih) probability of occurring; lc) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here. and on attachments as necessary, the reasons supportng this determination: APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned apl)Ii(an[ her(by apl)lies for (tentative) (final) appro ~: !7) ~ a-"t in acc.(dance with Article 16 of the Town l.aw and tile Rules and Regulations of th( S, outhold Town l'lanning Board, and represents and states as follows: 1. The applicant is tile 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 tile subdivision is to be .I]4.J;r}PY..~u.b. 51~-.v. Jr~;~9.n. .~595'..D..o[~_.~..P~.~.qe..i71p.e.J: .l..e?. Foster 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) The land is held I)y the applicant under deeds recorded in Snffolk County Clerk's office as follows: Liber ....... 3.7.24 ............ Page ...... 599 ............. On ....... ?/1./4./.$(4 ........ ; Liber ....... /*209 ............ Page ...... 1615 ............ On ....... 11./.7./.56 ........ ; I,iber ........ /4~36 ............ Page ...... ¢6.7 ............. On ....... 7/.6./69 ......... : Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ....................................... ~,r a- distributee ....................................................................... 5. The area of the land is .. 13...~ ............ acres. 6. All taxes which are liens on the land at the date hereof have been paid except .~.0.N.I~ ...... 7. The land is encmnbered by .... O.A/'.~ .................................................... mortgage (s) as follows: (a) Mortgage recorded in l.iber .............. Page .................. in original amonnt of $...~.O.t..O..°Z°. ....unpaid amount $ ....~.~t.qq.e4 ......... held by .... ad ress . . . .,,/. oet, , . . .t/c. z,, .............. (b) Mortgage recorded in Liber ......... ['age ....................... in original amount of .............. nnl)ald amount $ ...................... held by ...................... .............. address .............................................................. (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address 8. There arc no other encumbrances or lieus against the land except ..~0~l. ll ................. 9. The land lies in the following y-oning nsc districts ..A..~I3~.sx.d.e..n{:3.a.l,,/~gr.j,¢uj,~u~.i~~ ..... 10. No part of the land lies under water whether title water, stream, pond water or otherwise, ex- cept 11. The applicant shall at his expense install all required public improvements. 12. The land (.,~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is 13. Water mains wilt be laid by ...... .~I/A ....... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ..... .N/h, ................................ lines. . ......... and (a) (no) charge will be made fc~ 20. 21. Submit a copy of proposed deed for lots showing all Schedule "D". 15. Gas mains will be inst~alledlhy ... .N../A and (a) (no) c a ge x~ be made for installing said mains. 16. If streets showu on the plai are claimed by the applicant to be existing puhlic streets in the Snffolk County llighway !system, annex Schedule "B" hereto, to show same. 17. If streets shown on the pla{ are claimed by the applicant to be existing public streets in the Town of Southohl lllgl wa~,, system, annex Schedule "C" ' - hereto to show same. 18. There are no ex/sting buildings or structures on the land which are not located and shown ou the plat. ; 19. Where the plat shows proposed streets which are extensions of streets on adjoining suh- division maps heretofore filed, there are no reserve strips at tile end of the streets on said existing maps at their conjunctions with tile proposed streets. In the course of these procdedings, the applicant will offer prol)f of title as reqnired by Sec. 335 of the Real Pr(q)ert-y=L~w 22. The applicant estimates that the cost of grading and required public i~nprovements will be $..]~/A .... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . ~JA .... ..... years. Tile Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F'. DATE ......... ~/~.3 ................ 19.88. DD. RI S. P. RI'C.E. 3IOELLER..FOSTER ............... (Name of Applicant) (Signature and Title) P...Q,. Box. 202., .¢u.t.c;hogae,. bix. ! 19.3.5 ........ ('Address) STATE OF NEX, V YORK, COUNTY OF . SD'.F..F. 0LK ...... On the ..... .~9.~. ........ day of.. ~ .............. 19..88.., before me personally came Df).RI$. pjt. T(;E. HOELL. k;R. FD. SiTI~R ............ to me known to be the individual described in and who executed the foregoing instrument, and acknmvledged that . .SHE ....... executed the same. - S-TATEx':~F NEW VORK C'£~t~x.'o.~ ma- ...... ££: On the ................ day ............ of .............. , 19 ....... before~me .............. ~ ..... to me kuown, who l~e~me dul~worn did de- pose and say that ............ resides at No ........... ~.~.~ ................... tile corporation described in ~e~'~l~'~t~i'd~'iL's~il~i~ j',~2~' ~ ~ ......... LLLs lhe seal of Sa~hat the sea] affixed by order of the board of directors of said corporation. and thvtt/ ........ signed ~/ .............. name thereto by like order. NLta~y Pu'blic ...................... ;:;"::" ~ ' ?rHI~INDENTURE, made.the ~_~day of 'P~ .ninc~ecn !)undred ~d rlrty r ,r,. BETWEEN ~, roaldXng at peconic, Suffolk County, New York, party o[ the first Ixtrt, and H~ ~. ~OEL~ER an~ DORIS P. ~OELLER, his wife, ss tenants by the entirety, both residing at Cutchogue, Suffolk County, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration ........................ TEN ($10.) ........................................ dollars, lawiul money o[ the United States. end other gOod and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second pa~ forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being~ et Peconlc, in the Tomu of Southold, County of Suffolk, and ~tate of New York, bounded Northerly by lend formerly of Jessie Baldwin, s distance of 648 feet; Easterly by Little Neck Road~ a dlate~ce Of 49E.3 feet; Southerly, ~outh westerly and westerly, by the respective meadows believed to be o~aaed partly by Hal, old Goldsmith and Alveh B. Goldsmith, and partly by Leander 61over, a total distance of approxi~tely 730.5 feet; and Westerly by E~ene~e or West Creek, a distance of 30 feet. Being and intended to be the same premises converted by Everall B. Tuthlll and wife to S. Edgar Tuthlll by deed dated September 1, 193~, and recorded in the Suffc County Clerk's Office on ltarch 30, 1933, in Llbar 1705 of Deed~ at page 5~6; and ,~ :same p~emisee Cc~veye~ by Deziah F. Tuthlll to Clara E. Tuthlll by deed dated O~tober P~, 1946, and recorded In the Suffolk County Clerk's Office on NoV~ber 12, 194~, In Lib~r ~47 of Deeds at pa~e SCHEDULE A (1 of 4) THISINDF-.NTURE, madethe~ dayof fkC,~, ~U BETW!~!~N . H~OLD E. GOLDSIqITH and ALV~ B. GOLDSMITH, resiaing at Southold, ~uff~ik Co~y, Now York, the ~rst parL and , nineteen hund'~ed and f if' t y- £ 0 ~U", both ~-~RMAN F. MOELLER and DORIS P. MOELLER, his wife, as '%enants b'y tho entirety, both residing at Cutchogue, Suffolk County, Now York, party of the second part, [W1TNESSETH, that the party of the first part, iu consideration of Ten Dollars paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party o£ the second part £orever, ALL that tract or parcel of meadow or meadowland situate, lying and being at Peconic, in the Town of Southold, Co~mty of Suffolk and State of New York, bounded northerly by rcoadow or meadowland believed to bo owned by Leander Glover; northerly, northeasterly and easterly by upland of Clara B. Tuthill; easterly by Little Neck Road; southerly by Eugene,s or West Creek; and westerly by West Crook. SL~JECT .to any state of facts ~u accurate survey may show. TOGETHER with ali riglitl tide hnd ifi~.erest, if any, of the party of the firgt part of, in and tO anv streets and roads abutting the above-described prem ses to the center lines thereof; TOGETHER with the a~',3 and~all the estate and rights of the party Of the first part in and to sa~d prennses; TO HAVE AXD TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigus the party of the second pa~ forever. AND the party of the first part, in compliance with Sect on 13 of the Lien Law, h~reby covenants that the eartv of the first part MIl receive the consideration for this conveyance and will hold tb~ right to receive such eration as a trust fund to be applied first for the purpose of paying the cost oi the improvement and will the same first to the payment of the cost of the improvement before using any part of the total oi the sam~ }'o~ any other pu~ose. The word "party" shall be construed as if it read "part'es whenever the sense of this indenture so requires. IN WITN~S WHEREOF, the party of the first part has duly executed tl~eed the day and year first above -- . SCHEDULE A (2 of 4) J~ade the 2 n d ~ifty. six - ttl ttl ALONZO H. qew:York, da, y of November, JVineteen Hwndred and HOWELL, residing at Mattituck, Suffolk County, part y of the first part, an d HERMAN F. MOELLER and DORIS P. MOELLER, his wife, ~.esiding at Little Neck Road, Peconic, Suffolk County, New York i part of the second part, ............................... Dollars ($ 10. O0 ) latvf~l money of the United States, and o~her good and valuable considerations paid by the part of tire second part, do es hereby ~rant and release anto the part of the second part, and assigns forever, all that tract or parcel of land, situate, lying and being on llne westerly side of Little Neck Road, Cutchogue, in the Town of Southold, County of Suffolk, and State of New York, bounded and described as follows:- BEGINNING at a point marked by a concrete monument on the westerly line of Little Neck Road at the southeasterly corner of the premises herein des- cribed; and running thence along lands formerly of Clara Tuthill South 82 degrees 54 minutes 20 seconds West 387. 32 feet to a stake and lands now or formerly of Wilson Tuthill; running thence North 2 degrees 42 minutes 50 seconds West 368 feet to a point; running thence in a general easterly direction along other lands of the party of the first part 387. 32 feet more or. less to.a point, on the.westerly line of Little Neck Road which point is North 0 degrees 17 minutes 00 seconds East 366 fee! from the northeasterly corner of lands of Clara Turthill; ~unning thence South 0 degrees 17 minutes 00 seconds West 366 feet to the point or place of beginning. SUBJECT to any state of facts an accurate survey may show. TOGETHER with all of the right, title and interest of the party of the first part of, in and to the highway adjoining said premises to the center line thereof. SCHEDULE A (3 of 4) ¢OI~SULT YOUR LAWYER ORE SIGN THIS INSTRUMENT--THIS INS NT SH nE USED BY LAWYERS ONLY PLEASE DO J'iOT PUBLISJt THIS INDENTURE, made the 18 t day of July , mneteen hundred and Sixty BEI'W£1:'N E. WILSON TUTHILL, residing at Cutchogue, Town of Southold, Cojanty of Suffolk and State of New York, and BELLE C. TUTHILL, life tenent, pa~yofthefirst~,and HERMAN F. MOELLER and DORIS P. MOELLER, his wife, residing at Little Neck, Pecnnic Town of Southold, Suffolk County, New York, party of the second part, WITNESSETH, that the pa~y of the first pan, in consideration of One and 00/100 ........... ......................... ($1.00)-- dollars, law/ul money of the United States, and other good and valuable considerationspaid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, meadow AU, that certain plot, piece or parcel of~and, ~Xlx.~ae~llitd/ll~.~ld~~m~w~'ln~ situate, lyiaga~dbeiagl~l~! at Little Neck, East Cutchogue, Town of Southold, Suffolk County, New York, bounded and described as follows:- BEGINNING at the southwesterly corner of land recently conveyed by Fordham Howell ~ to E. Wilson Tuthlll and at the northwesterly corner of land conveyed by Alonzo Howell to the party of the second part, Libor 4209, page 160; running along the last described land, South 2° 42' 50" East 368.0 feet to other land of the party of the second part; thence along said other land of the party of the second part, South 82° 54' 20" West 270 feet, more or less,: to the westerly edge of the meadow along Eugen Ss Croek; thence north, erly along the edge of said meadow 300 feet; thence along other meadowland of the party of the first part, North 71e 22' 20" East 370 feet, more or less to the Point of beginning. Containing 2.4 acres, more or less. SCHEDULE A (4 of 4) ~cHEDULE B N/A S~CHEDU LE C Little l, leck Road i.$ a ToWn maintained roaql~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD October 27, 1992 SCOnIT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Laura Scovazzo New York State Dept. of Environemntal Conservation Building 40 Room 219 Stony Brook, NY 11794 RE: George & Mary Jane Hagemeister Property DEC Project No. 1-4738-00588/00001-0 Dear Ms. Scovazzo: As per your October 20, 1992 correspondence enclosed please find the following: 1. Copy of minor subdivision endorsed April 30, 1990. e Copy of Declaration of Covenants and Restrictions recorded on March 30, 1990. 3. Negative Declaration: 4. Lead Agency Coordination request If you have any questions regarding the above please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr Chairman ~f Encls. Town Hall. 53095 Main Road P.O. Box I 179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significahce Date 1-19-90 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: Doris Price Moeller Foster SCTMg: 1000-103-9-13 Location: West side of Little Neck Road; 545.15 feet south of Wilson Road SEQR Status: Type I ( ) Unlisted (X) ~ Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Minor subdivision of an 8.5 acre parcel into three lots, acres, 2.5 acres and 3.4 acres. 2.4 SEQR Negative Declaration Con't. Reasons Supporting This Determination: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because the New York State Department of Environmental Conservation issued a permit effective October 4, 1989 with the following special conditions: Ail future development will need further approval from NYSDEC under separate permit. Houses, garages, decks, porches and other upland structures must be landward of the "DEC 75' setback line" identified on the attached annotated plan. There is to be no disturbance to vegetation or topography in 50' wide area extending along landward side of the tidal wetland boundary. Future septic systems must be a minimum of 100' setback from the landward edge of tidal wetlands. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Judith Terry, Town Clerk Board of Trustees Applicant Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-19~8 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 1'9, 1989 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: Doris Price Moeller Foster SCTM #1000-103-9--13 Requested Action: Applicant proposes to subdivide a 8.5 acre parcel into 3 residential building lots. SEQRA Classification: [ ] Type I kXX] Unlisted Contact Person: .~el~Dsa 516-765-1~38 The lead agency will determine the need for an environmental impact statement (EIS) on t~is 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: . 3 [~.] to assume lead agency status for this action This agency wishes [ ] This agency has no objection to your agency assuming lead agency status for this action. [ ] Other. (See comments below) Comments: ~lease feel free to contact this office for further information. cc: BENNETT ORLOWSKI, JR. CHAIRMAN Board of Appeals ~'~Board ~ of Trustees _Building Department Southold Town Board .~uf~olk County Dept. of Health Services ~2~YSDEC- Stony Brook _NYSDEC- Albany S.C. Dept. of Public Works _U.S. Army Corp of Engineers _N.Y.S. Dept. of Transportation * Maps are enclosed for.~our review _ Coordinating agencies New York State Department of Environmental Conservation RE: LEAD AGENCY COORDINATION REQUEST Thoma~ C, JoHIng Commlllloner The purpose of this request is to determine under Article 8 (State Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your agency's interest in acting as lead agency; 2. Your agency's jurisdiction in the action described below; and 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part I of the Environmental Assessment Form to assist you in responding. Project Location: , DEC Project Number: DEC Permits: SEQR Classification: ~Type I [ ] Unlisted DEC Contact Person: L~t~F~ DEC Position: .[~ DEC has no objection to your agency or another agency assuming lead agency status for this action, but reserves the right to comment on this action if a positive determination of significance is made. [] DEC has no objection to your agency or another agency assuming lead agency status for this action, but we have the following concerns regarding this project {see "comments" below).' [ ] DEC wishes to assum~ lead agency status for this action. The proposed action has been identified by DEC as occurring wholly or partially within or substantially contiguous to a critical environmental area {CEA} that was designated by It is the position of this Department that your agency, if it has a juris- diction over the action, should assume the lead agency rote based on the existence of the CEA and the fact that the anticipated impacts are primarily of local significance. Other. {See comments below} R~spons~: Please respond to this request within 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no objection to DEC or another agency assuming the role of lead agency, and have no comments to offer regarding the proposed action at this time. If neither your ~gency..n_?r~_any other involved agency, including DEC, has indicated a will- ingness to serve as lead agency within 30 days of th]s letter: [ ] We will petition_t~e Commissioner of DEC to designate a lead agency for this action. [ ] We wi~petit~on the Commissioner of DEC to designate your agency as ~ead~ presuming you have jurisdiction. Please feel free to contact this office for further information or discussion. Enclosures cc: (see distribution list) New York State Department of Environmental Conservation Oc.~o~r 2~I I q~lZ. RE: LEAD AGENCY COORDINATION REQUEST Thorns- C. Jorllng Comml.sloner The purpose of this request is to determine under Article 8 (State Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your agency's interest in acting as lead agency; 2. Your agency's jurisdiction in the action described below; and 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part 1 of the Environmental Assessment Form to assist you in responding. 35'50 LF'ttI¢ W~ok Project Location: C ' rvY //¢35 DEC Project .umber: /-~7,,~OOSg~/OOoO I- 0 DEC Permits: SEQR Classification: ~Type I [ ] Unlisted DEC Contact Person: LDt~FQ ~>cok/C,~o OCT 2 6 ~992 DEC Position: .[~/ DEC has no objection to your agency or another agency assuming lead agency status for this action, but reserves the right to comment on this action if a positive determination of significance is made. E] F1 Fl DEC has no objection to your agency or another agency assuming lead agency status for this action, but we have the following concerns regarding this project (see "comments" below).' DEC wishes to assume lead agency status for this action. The proposed action has been identified by DEC as occurring wholly or partially within or substantially contiguous to a critical environmental area {CEA) that was designated by It is the position of this Department that your agency, if it has a juris- diction over the action, should assume the lead agency role based on the existence of the CEA and the fact that the anticipated impacts are primarily of local significance. ~ Other. Comments (Optional): (See comments below) Response: Please respond to this request within 30 days of the date of this letter. ~f no response is received within 30 days, we wilt assume that you have no objection to DEC or another agency assuming the role of lead agency, and have no co~ments to offer regarding the proposed action at this time. ~f neither your ~g~n~y.~r any other involved agency, including DEC, has indicated a will- ingness frO- sea. ye as lead agency within 30 days of this letter: E ~ ~e will petitio.-~he Commissione~ Of DEC to designate a lead agency for this action. [ ] We will._petit~on the Commissioner of DEC to designate your agency as ~ lemdFj'presuming you have jurisdiction. Please feel free to contact this office for further information or discussion. Enclosures CC: (see distribution list) J.OINT APPLICATION FOR P£RM~T A &N [~Ope,',*tor ~Lessee J J,Mu:ficlpai,ri, Go~em,nen[al Agency (Check as fnan,/ as apply) N~,' : 3 A?PLCANT{UeFu Nane) , PAET 1--PROJE~,~ ,;ct = ,,~, ~ON ?repared by ?roic<¢: £~i;:;~s~:~( NO~tCE: Tbisdocument isdesi~nedtoa~ist in determining whether the~cbon proposed mayh~vea signific~nteffect on the environment Please complete t~i~ r,'.~t{re form, Parts A ~hrou~, ~ ,,~ ~swer5 ~o tbese;g~estions will be considered ~s p~rt of the application for approval and may be subject to f~,~he, , ::d; ',¢ o~ a~d public review. Provide ~ny additional informa~km you believe wi{~ be needed to complete P~rts 2 and 3 tt is expected that completion of the full ~ '~F wdl ~e dependent on ~ ,',,:, km currently ~vai~b~e ~nd wi~ no~ involve new studies, research or investigation ff informatioa requirin~ 5u:h add~Uon6~ work ~s unavailable, so indicate and specify NAME ,OF ACTION /~_~"/ -~TION OF ACTION (Include Street Address, ~unicigaHty and County) ~ ~/) -- ~ .... Z ............ BUSINESST~LEPHONE NAME OF APPLiCANT/SPONSOR -- CITY/PO Cf_¥ 7'~/~'O ~ ~¢' ~ BUSINESS TELEPHONE NAME OF OWNER (if different) ~ (~/~) ~ ~O ADDRESS /,/,, 7'-~/ ~ ~ _%- Please Complete Each Question-Indicate N.A. if not app| ca¢,~ A. $i~ Description Physicrd setting of overall project, both developed and ur~devc!upe<! a~eas ~ 1. Pre,em !and use: ~Urban ~ noL sinai ~Com~~rcial ;~eddentia[ (suburban) [~Forest i~Agricuiture 2. Total acreage o¢ project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricult~ral) Forested E}Other PRESENTLY acres acres ~Rural [non-farm) AFTER COMPLETION acres acres Agricultural (Includes orchards, cropland pasture, etc) ....... ~__ acres Wetland [Freshwater or tidal as per Articles 24, 25 of EC|) ____. _ff~.~ acres · ~¢ acres Water Surface Area ,~'~/ acres _ Un,,egetated (Rock, earth or fill) . .... Roads, buildings and other paved surfaces, __ :~ _ acres Other (Indicate type)_ ~ ~ ~ZT~f: .... ¢ ,Z~,,7~ acres 3 What ~s predominant soil type(s) on project site? ~-/~ ''7 zS_ ~_.; ..... ~ ~ ~ . , ~:iI drained % of site a 3N! drainage: ~ell drained /2.~_._ % of sde ~Poc ,, , NYS ' ~rJculturalland isinvoNed, h¢~v many~cre~;~ ::~;~z c ,. eJ with:,n sod ~roup E znd Classification System? ...... ze-es [See ~ h' :~',. ~ '~ 4 ~Me here bedrock outcroppings on pr,)?ct site? EYos r N a ~ is depth to bedrock? __~?~/~ 2 mate percentage of proposed p[c!ect s~te w~th slope~: 6. Is p~o]ect substantially contiguous :o, or contain a buildin; sile, o, district, Reg stets of Historic Places? ~Yes ,~L~o 7. !sp~iectsubstantialvc°ntigu°ustC ,itehstedontheRegi~te~ of ~;:,fiou.d Na:uralLandmarks? 8 What is the depth of the water table? ~ (in feet) 9 Is site located over a primary, princiF~1, or sole source aqmfe~t ~('es ~No listed on the State or the National ~Yes ~o 10. Do hunting, fishing or shell fishing opportunities presently exist m the proiect area? ~'res 13. Does project site contain any species of plant or animal life ti~at is identified as threatened or endangered? Accordh~g to Identify each species 12 Are there any unique 0r unusual land forms on the proiect site? (ie, cliffs, dunes, other geological formations) ~Yes ~o Describe 13 Is the project site presently us(d by the commu'nity or neighborhood as an open space or recreation area? 1GYes ~No If yes, explain the present site include scemc views known to be h-~portar:t t') the community? [3Yes ~o 15 Sir(ams Within or contiguous to pl-o~ect area: ' , f a Name o Stream and name of Rive[ to which 16 Lakes, ponds, wetland areas within or contiguous to pro],u::t a( :~(~ .... ~ Size (In acres) 17. I~ th: si~e served by existing public utilities? ~Yes l~Nc a) it ~es, does sufficient capacity exist to allow connecfi~m? ~'~s ~N b} ',f Yes, will improvements be necess~ ry to a~low conn~dh;n~ 7~es o 18 Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, S Cth:n 303 and 3047 ~Yes ~No Area desi~nated pqrsuant to Article 8 . . L . ~ ~IIw rnnl ~ OU~ to a Critical Env~ronmen~a~ ~ s , ,~ _ 19. is t e site Iocate~ m or su~stan ..... ~,-~-~,~ ~ 4' ' vO%, . - - -'~ ~ ---~al of solid or hazardous waste~ u. B. Project Description 1. Ph3sical dimensions and scale of project [fill ie dimensions ~s ai0propriate) a Total contiguous acreage owned or controlled by'proiect sponsor __~'~- acres. b. Proiect acreage to be developed: ,~, acre~ initially; ~ acres ultimately. c Project acreage to remain undeveloped ~ ..... acres d tensth of proiect, in m~les: .~-- (If appropriate) ,, It ~he proiect is an expansion, indic:rte percen~ o;x,(l~7 pr:~, osed ~: Number of off-street parking spdoas ~-,xi~ting .......... ' ' ' r ~/"~'- ~ cm completion of pro~ect)~ One :r, dv '(wo Family Mui! :)lc Family Condominium i ;mate~ ...... :~ ' i '. inear feet of frontage ab)rig a o~blk: tho~oughlan ir, ? i~(~, much natural matedal (i.e, i(c! ~mrth. ere)will be i(mo'Ted t r:~r~ [he site? ~" ~) 3 ~ , disturbed areas be reclaimed? ~Yes LZNo, a ii yes, for what intended pt rpose is the site being u,~iaim~:d~ ~'~ h Will topsoil be stockpiled for reclamation? ~Yes N( , '~ViH upper subsoil be stockpiled for reclamatior~? ~'~,~ ~]No 4 How man~ acres of vegetation (trees, shrubs, ground coy(rs) will be removed from site? ~ acres 5 W~]~ an~ mature forest (over 100 y~ars old) or other [oc~11~ ~mportant vegetation be removed by this project? u;Yes ~No 6. If single phase project: Anticipated period of construction ~_ months, (including demolition). 7. If multi-phased: ~ ]oral number of phases anticpated. ~ (numbe~) b Anticipated date of commencement phase 1 ~ montl~ c Approximate completion date of final phase ~ ~ ~_ month.- d. Is phase I functionally dependent on subsequent phases? [~es .~No 8. Will blasting occur during constructKm? ~Yes ~N ~ 9 Number of jobs generated: during constructicm ~ ~fh,r p~oiect is complete 10 Number of jobs eliminated by this p~oject ~ ~ 11 Wd[ proiec:t require relocation of any projects or facil~ti,~ ~ ~(: [~No [f yes, explain tons/cubic yards w,;~. /J~- /--~-go5'¢~?~r) year, (including demolition). year. 12 ]s su;race liquid waste disposa[ ' }'~ c2 C~Yes ~No ~ !t yes, indicate type of waste (sewage, industrial, etcl and ml~unt b Name of water body into which effluent will be dischc, rged 13 ~,~ SLhsurtace liquid waste disposa~ mvoJvecl? es :~N ],~pe ~JrR~ ~ ~ 14 '~i1[ surface area of an existing ~valer body increase or de~ tease nv ~ roposa]? ~Yes ~o Exphdn 15. Is project or any portion of project located in a 100 year flood n[an? /~'Yes ~No 16 Will the project generate solid waste? j~Yes [2No a If ves what is the amount per month __° ~.~'~'~ tons / c If yes aive name ~ ~W ~ :ocat,on ~l~r~ ' ~ ~ d Will any wastes not go into a sewage disposal ,-r-, ,anitaw landfill? EWes N e. If Yes, explain 17 Will the project involve the disposal of solid waste? []lYes FNo a If yes, what is the anticipated rate of disposal? ....... runs'month. b !f yes, what is the anticipated site life? .years 18 Will project use herbicides or pesticides? ~Yes 19 Will project routinely produce odors (more than one HouT per city)? 7~Yes ~No ' m, u:,u noise levels? ~Yes ~No 20. Will project produce operating noise exceeding the [oca~ 21 Will project result in an increase in energy use? ~Y~, 22 I~ ~ ~im' supply is from wells, indicate pumping capacit5 ~; . _ ga~lonsdninute 23 ] ,'a~ lnticipa~ed water usage pet da'~ &2 ~ ' ~ involve Local, State or Federal funding? 24. [~o~ project If Y<s explain °2~;. 'Appr ,,,Ms Required: SubmittM Date City. ~'own. Village Board !aYes b~No CiW. 1own. Vi!lage Planning Board '!Ye> ~(No City. ~ own Zoning Board [?fes ~No City, (outcry Health Department ~Yes ~No Other [ucal Agencies ~Yes ~No Other Regional Agencies EaYes ~No ~Yes ~No State A~¢encies E~Yes Federal Agencies C. Zorfing and Planning Information 1 Does proposed action involve a pl~mning or zoning decision? E~'fes f~No If Yes. indic~ate decision required: Elsubdivision EZ]site plan [ izoning amendment ~zoning variance r'~speci;d use ~( rnql~ ?~new/'revision of master plan E~resource management p~an ~_.other 2 Wu, t ~s the zoning classification¢,of the si.te? ~-' ~e~: .~r,:!~ 3 What is the maximum potentia} developmene of the site if ,devdoped =ts permitted by the present zonin8~ 4 Wh;( ¢ the proposed zoning of the ~iret ~ /,, -~,~ o 5 ~%h~t N the maximum potentiM d~ve~opment of the site d (~ve,n J ~s permitted by the proposed zonm8~ ...... *~ - ~ !ocal iand use plans? ~Yes L]No 6 I~ the proposed action consistent with the recommended'-~se: m , ,~( , Wha(are the predominant land use(s) and zoning classdic~ons v, ithi~r a V~ mile radius of proposed action? 8 Is the Froposed action compatible with ad oin]ngls::rounding land uses within a ~A mile? ~Yes :No 9H th. proposed action ~s the subd~viskm of ~:~d, how monv [o~: am proposed? a What ~s the minimum h:t s~ze Froposed? ~Z_~ ~0 YVi) proposed action requh'e any authorization(s) for the formation of sewer or water districts? :Yes ~ Wi~[ ~he proposed action create a demand for any comm:n~t',' :~o~ided services (recreation, education, pohce, fire protection)~ ~Yes [-JNo a If yes. is existing capac W sLfficient to handle pr ~i~cted d m~and?ayes~lNo 12 Will the proposed action result in the generation of traffic signif~candY above present levels? ~Yes ~No ~No a If yes. is the existing road network 8dequate to hand,* Lb( additional traffic? ~Yes D. Informational Details Attach any additional information as may be needed to c!adf~ ,/oLr prolect. If there are or may be any adverse impacts associated with your proposal, please discoss such hnpacts and the measures which you propose to mitigate or a~oict them E. Verification true to ~ best cm'.. know[edge , , ,_, I c,~d V that the information pfovidtd above is April 30, 1990 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Subdivision for Doris P. Foster SCTM% 1000-103-09-13 Dear Sirs: I am advised that the above-referenced application will be considered at your meeting this evening. This application is complete, all required documentation having been previously submitted. We, therefore, request that the board now close the public hearing and render their determination. April 20, 1990 Southold Town Planning Board Town Hall 53095 Main Road Southold, N.Y. 11971 Re: Minor Subdivision for Doris Cutchogue, N.Y. SCTM% 1000-103-09-13 Foster Dear Sirs: In response to your letter of April 10, 1990, we submit herewith: 1. Four (4) mylar and five (5) paper prints of the above referenced final subdivision map, endorsed by the Suffolk County Department of Health Services (dated-4/18/90); 2. A copy of Covenants and Restrictions filed in the Suffolk County Clerk's Office on 3/30/90, in Liber 11043 page 301. We respectfully request that this application appear on your agenda for April 30, 1990, that the public hearing be closed and a final determination rendered. SUrely, Rudolph H. Bruer ~..~- , RHB/df Encs· Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 April 10, 1990 Rudolph Bruer Main Road P.O. Box 1466 Southold, NY 11971 RE: Minor Subdivision for Doris Price Moeller Foster SCTM# 1000-103-9-13 Dear Mr. Bruer: The following took place at the meeting of the Southold Town Planning Board on Monday, April 9, 1990. The final public hearing, which was opened on February 13, 1989, was again kept open. The hearing will remain open until the Planning Board receives and reviews the following: Final maps (5 paper prints and 2 mylars) showing all previous Planning Board requests and containing a current stamp of Suffolk County Health Department approval. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. --~ Chairman PLANNING BOARD MINUTES 5 APRIL 1990 Mr. Orlowski: Doris Price Moeller Foster - This minor subdivision is for three lots on 8.5 acres located at Cutchogue. SCTM #1000~103-9-13 Final public hearing was open on February 13th and we're keeping it open until we receive the final maps showing all the previous Planning Board requests and the current stamp of the Suffolk County Health Department. I don't know if there is anyone here representing the applicant but we will keep this hearing open and I will entertain a motion to keep it open. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS: Final Determinations: Mr. Orlowski: Orient Park Estates Newman). This minor subdivision is acres located in Orient. SCTM ~1000-19-1-15. (formerly George & Irving for four lots on 16.1073 Mr. McDonald: Mr. Chairman, I would like to make the following motion. WHEREAS, George and Irving Newman are the owners of the property known and designated as SCTM #1000-19-1-15, located at the south side of Main Road (NYS, RT. 25); 3,833 feet east of Narrow River Road in Orient; and WHEREAS, this subdivision, to be known as Orient Park Estates is for four lots on 16.7073 acres; and WHEREAS, the $outhold 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 December 17, 1984; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on March 5, 1990; and Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 27, 1990 SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 Rudolph Bruer Main Road P.O. Box 1466 Southold, NY 11971 RE: Minor Subdivision for Doris Price Moeller Foster SCTM# 1000-103-9-13 Dear Mr. Bruer: The following took place at the meeting of the Southold Town Planning Board on Monday, March 26, 1990. The final public hearing, which was opened on February 13, 1990, was again kept open. The hearing will remain open until the Planning Board receives and reviews the following: Final maps (5 paper prints and 2 mylars) showing all previous Planning Board requests and containing a current stamp of Suffolk County Health Department approval. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Mr. Orlowski: At this time I believe everything is in order to close it. I'll ask if-there are any comments or if anyone would like to make any comments while it's still open. Mr. Rudy Bruer: Mr. OrlOwski, I believe we have complied with the recommendations of your office and have submitted some changes. I hope they are what the board wanted. We think we can get the additional requirements, you know the revision or the restamping of the maps by the Health Department within the 45 day period. Mr. Orlowski: Very good, yeah we need those and the covenants and restrictions. Mr. Bruer: We will get that but I guess we were waiting to see what the final outcome would be. Mr. Orlowski: Then the fire district has to make a comment on whether a fire well is needed and the homeowners association must be formed for the open space. Mr. Bruer: O.K., do you want me to speak to the fire department? Mr. Orlowski: We will send a map over to them. Mr. Bruer: Because I can carry it, I'm across the street. Mr. Orlowski: Oh! alri~ht, be my guest. Mr. McDonald: Wrong fire department. Mr. Bruer: That's right. Mr. Orlowski: Any more further questions or comments? I'll entertain a motion to close the hearing. Mr. Edwards: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. the motion? Ail those in favor? Any questions on Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Doris Price Moeller Foster - This minor subdivision is on 8.5 acres located at Cutchogue. SCTM %1000-103-9-13. We still do not have the Suffolk County Health Department approval. Mr. Bruer: They have asked us to change the maps so the wells are in the rear or visa versa from what we have now which we are doing. Mr. Orlowski: O.K., we ~ill keep this open. Mr. McDonald: Do you have to change the maps? Mr. Bruer: I think we just have to change where they want the location of the pool and well. Whatever it is they want to reverse it from what we submitted originally. Mr. Orlowski: O.K., we will leave this hearing open. Mr. Orlowski: Thompson/Dickinson - This set off is on the southeast corner of Main Bayview and Cedar Drive in Southold. SCTM #1000-78-9-30.2. Everything is in order, we received a map with Health Department approval. Everything is in order to close the hearing. I'll ask if there are any comments or questions while the hearing is open. Hearing none, I'll entertain a motion to close it. Mr. Ward: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Everything is in order to approve it. What is the pleasure of the board? Mr. McDonald: I would like to make the following motion: WHEREAS, Imogene Dickinson Thompson is the owner of the property known and designated as SCTM #1000-78-9-30.2 and Wesley R. Dickinson and Agnes P. Dickinson are the owners of the property known as designated as SCTM ~1000-78-9-30.1, located at the northwest side of Main Bayview Road and Cedar Lane, Southold; and WHEREAS, this set-off is to be known as Wesley Dickinson and Jean D. Thompson set-off; and WHEREAS, a variance for approval of insufficient area was granted by the Zoning Board of Appeals on January 22, 1990; and March 22, 1990 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Subdivision for Doris P. Foster SCTM% 1000-103-09-13 Dear Sirs: Enclosed please find drafted Covenants and Restrictions as per your instructions of March 6, 1990. .Please advise of the acceptability of this document, as soon as possible. S?i.~e~ r ely, Rudolph~H. Bruer RHB/df Enc. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of DORIS P. FOSTER, residing at 3600 Little Neck Road, York 11935, hereinafter referred to as .Declarant". , 1990, by Cutchogue, New W i TN E S SETH : WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at Cutchogue, Town of Southold, County of suffolk and .State of New York, containing 8.5 acres, and designated on the suffolk county Tax Map as District 1000, Section 103, Block 09, and Lot 013.000, and referred to herein as the "premises'. WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. 1. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold planning Board. 2. clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. ! ~ 1990 3. The existing buildings on Lot 2, a barn and a shed, Shall not be used for living quarters. 4. There shall be no further subdivision of Lots 1 to 3, inclusive, at any future date unless authorized by the Town of Southold Planning Board. 5. No new residential be constructed or edge. structure or sanitary disposal facility shall otherwise located within 75 feet of the upland 6. No new sanitary disposal facility shall be constructed or otherwise located within 100 feet of the upland edge. 7. No stormwater improvement of discharged into wetlands within. runoff resulting from the development and this subdivision or any of its lots shall be the adjoining bodies of water and the tidal 8. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Eugene's Creek and the tidal wetlands bordering the Creek. 9. A strip of land 8.75 feet wide along the frontage of the property on Little Neck Road shall be offered for dedication for highway widening purposes to bring the road up to modern right-of-way width standards. 10. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining proper~'~% ~w~ers shall be entitled to notice of such public hearing 9~% their consent to such modification .~hall not be required, ti~ i i ~ 2 3 I~/9~ 11. These covenants will be effective only at such time as the Southold Town Planning Board endorses the subdivision map and, if this map is required by the Southold Town Planning Board to be filed with the Suffolk County Clerk, only at such time as said map is accepted by and filed with the Suffolk County Clerk. 12. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof, except with the permission of the Southold Town Planning Board, or its then equivalent successor. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns, any owner of any portion of the aforesaid premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, this indenture has been executed the day and year first above written. STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) Doris P. Foster On the day of , 1990, before me personally came DORIS P. FOSTER, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public ,' 2 3 i990 RAYMOND L. JACOBS Superintendent Highway Department Town of Southold Peconic Lane Peconic, N,Y. 11958 Tel. 765-3140 734-5211 March 2, 1990 Mr. Bennett Orlowski, Jr., Chairman Southold Town Pianning Board Main Road Southoid, New York 11971 Re: Doris Price Moeller Foster Subdivision SCTM# 1000-103-9-13 Dear Mr. Orlowski: I have reviewed the above mentioned subdivision as per your request and agree with the Suffoik County Department of PIanning's report. Respec~uiiy, sRua~'n~eLr~dder~°bo; Highways PLANNING BOARD 2 MARCH 5, 19 subdivision that would be of interest to the board? Hearing none, any questions from the board? Mr. Latham: The proposed taking line is the same as the actual? Lynn Gordon: That is what I'm advised. If it is any different I will certainly bring it to your attention. Mr. Orlowski: Any more questions from the board? Board: No questions. Mr. Orlowski: O.K., hearing no further questions, I'll declare this hearing closed and thank you for coming. Hearing Held Over From Previous Meetings: Mr. Orlowski: Doris price Moeller Foster - This major subdivision is on 8.5 acres located at Cutchogue. We have the Suffolk County Planning Commission's Report. What is the pleasure of the board? Mr. Rudy Bruer: Is there any chance to make a comment on that? Mr. Orlowski: Sure, go right ahead. Mr. Rudy Bruer: I just received it today. I read it this afternoon, my secretary picked up a copy. I have objections to paragraph eight of that letter. I don't see where it really applies here, or that it should be in this letter, which is that a proposed strip of land 8.7 feet wide along the front of the property shall be offered for dedication. I don't think to subject to this subdivision to revision of the maps under the circumstances for this is worthy of this board or the board to even ask. I think it is very critical for my client to have the approval of this subdivision as soon as possible. A further delay with respect to this, I think the County is going to own this property. The lady has no money and is counting on the sale of one of these lots and I think to pick just this one piece of property and ask that the road be widened'at her expense and for eight feet, I think is ridiculous. I would also, with respect to paragraph three of their recommendations and not their requirements, I think that is absurd too under the circumstances. Other than that we really don't have a problem. Mr. Orlowski: Three and eight? Mr. Bruer: Well, eight on the requirement they said they said it would be approved subject to 1, 2, 3, 4, 5, 6, 7 and 8. Eight I don't think really belongs there and nu/nber three is just a recommendation and not a requirement. We're talking .~ ~ PL, ANNING BOARD ~'% 3 MARCH 5, about the bottom of the last requirement on the page, not requirement, recommendation on page three dealing with architectural. A possibility that there might be architectural artifacts on the property. I'm talking about architectural studies being done and holding off on site pending these things I think is ridiculous. Mr. Orlowski: Comments, are only comments on these reports so you can take them and use them as you see fit. Mr. Bruer: If the board would like, I could make a request that the board override that paragraph, paragraph eight. By the time we get all the maps revised the Health Department approval will expire. Mr. Orlowski: Do we have a stamped map here? Mr. Bruer: You have a stamped map. Mr. Orlowski: No, that is why we are holding it up. What we will do, is we will address these comments and wait for that stamped map so by the next meeting we should be able to do everything. Mr. Bruer: O.K., thank you. Mr. Orlowski: Is that O.K. with the board? Does the board have any comments on how to handle it? Mr. Ward: Do you have any other vehicle that we could eventually get? Mr. Bruer: When the town wants it they are going to have to take it from everybody. Why just single out this one piece? Mr. Ward: Policy wise, we have just been going through and taking those strips as the properties come in. Some day the town might have to pick up other pieces also. Mr. Bruer: Well, I don't think there would be any problem if it were recommended earlier, I mean this is kind of at the last hour and to have to go and revise everything, I think it is very, very unfair particularly with this one. I mean it will cause extreme hardship. It has to be redone and time, I mean nobody is being paid on this thing until a lot is sold. Everybody has realized the situation and ---. Mr. McDonald: Can you envision more than a half an hour worth of somebody's time to change this? All they have to do is go back and draw something on the survey. Mr. Bruer: How long does it take Mr. VanTuyl to do something? PLANNING BOARD Q 4 MARCH 5, Mr. McDonald: I'm afraid you have more experience than I do with that. I should ask you that question. Mr. Bruer: It could be tomorrow or nine months from now. Mr. Orlowski: Let's keep it open and we can do it subject to if we have to and then we will discuss it. We could do it in writing. Mr. Bruer: I haven't spoken to Mrs. Foster on it since I only received these coments today. I would assume that under the circumstances she would do anything you said because she doesn't have much choice. Ms. Scopaz: Gentlemen, may I make a suggestion? One way that you could address this would be if you decide to require to go along with the county request that there be covenants and restrictions if we could just add to that that we want the right of way to be given, it will be in the C & R's and any transfer of title of the property is going to show up even though it is not on the map. Mr. Bruer: If you require us to put it in the covenants that at a future time we dedicate it as long as the board would not so violate the maps. Mr. Ward: Alright, that's the vehicle I was looking for. Mr. Bruer: O.K., as long as by doing it we have not violated the map. Mr. Orlowski: Alright, I think it can be done. Mr. McDonald: Do you want to go ahead and do the Planning Commission Report now? Mr. Orlowski: I don't think it's going to make that much of a difference if we approve it and sign it at the next meeting. Let's hold it over. Rudy, number three on the comments is the other one you had a problem with right? Mr. Bruer: Yes. Archaeological. Mr. Orlowski: O.K.. I misunderstood, I thought ---, O.K. do it. Mr. McDonald: If you want I'll enter a motion. Mr. Orlowski: Yes, What is the pleasure of the board? Mr. McDonald: I make a motion that we resolve to adopt the February 8, 1990 Suffolk County Planning Commission Report with the following amendments. (numbers correspond to numbers in report): PLANNING BOARD < 5 MARCH 5, ii Number 1, 2, 3, & 4 are to remain as written. Is to be revised to read: No new residential structure shall be constructed or otherwise located within 100 feet'of the u~land edge. An additional item should be added as follows: No sanitary disposal facility shall be constructed or otherwise located 75 feet of the upland edge. 6, 7, are to remain as written. 8 is to be deleted. Is to be revised to read: These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 10. Is to remain as written with the addition that the and page number of the filed document be included on the final map. Numbers 1 - 7 and the additional item must be presentedin a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. Numbers 10 must be shown on the final map. Mr. Ward: Before a second, I believe if we go back to those items, I think the setbacks are reversed. Where it says "No new residential structure shall be constructed or otherwise located within should be 75 feet and the Health Department requirement should be 100 feet. Mr. Orlowski: Also Mark, you eliminated eight in that motion. Mr. McDonald: Yes, deleted eight. You want to do that in the covenants and restrictions? Mr. Orlowski: Well, these would be the covenants and restriction in total if we adopt it. We can leave that in and then if we decide then that will be the only thing we will have to eliminate. Mr. McDonald: O.K.,' then I would like to amend my motion to change number 8 to be included, 6, 7, and 8 are to remain as written. Also, I would like further that in item number 5 PLANNING BOARD ~ 6 MARCH 5, change 100 feet to 75 feet and in the additional item change 75 feet to 100 feet. Mr. Bruer: Excuse me, what did we do with eight? Mr. Orlowski: We're just leaving it in now until we can review it but we are adopting this report as is right now. Mr. Bruer: It doesn't say when it has to be offered, it could be offered in the next century. Mr. Orlowski: This will basically be the C & R's that will go with the property and all the rest I don't think you should have a problem with. If we leave it in there then we can always take it out. If we eliminate it now then it doesn't give us a chance to put it back in. Mr. Bruer: Alright. Mr. Orlowski: We'll discuss it Wednesday and get back to you before the next meeting which by then we should have the Health Department maps and then we can do everything. Mr. Bruer: Actually, we don't have the maps but we have the appeals approved. Mr. Orlowski: Do I have a second to that motion? Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on that motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: ~I~n C~X<Ii~ -( ames r - This minor subdivision is on 15.9012 acres located at Mattituck. SCTM #1000-122-3-1.4. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED to adopt the February 8, 1990 Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): 1. Is to remain as written. An additional item should be added as follows: There shall March 5, 1990 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: subdivision for Doris P. Foster Little Neck Road, Cutchogue SCTMI 1000-103-09-13 Dear Mr. Orlowski: We respectfully request that the Southold Town Planning Board override the decision of the Suffolk County Planning Commission with respect to: (1) Their condition numbered 8, requiring the dedication of a portion of this property for roadwidening purposes; and (2) Their comment numbered 3, regarding archaeological considerations. Thank you for your kind attention to this matter. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 1990 Rudolph Bruer Main Road P.O. Box 1466 Southold, NY 11971 RE: Minor subdivision for Doris Price Moeller Foster SCTM9 1000-103-9-13 Dear Mr. Bruer: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, March 5, 1990. RESOLVED to adopt the February 8, 1990 Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): 1,2,3, & 4. Are to remain as written. Is to be revised to read: No new residential structure shall be constructed or otherwise located within 75 feet of the upland edge. An additional item should be added as follows: No sanitary disposal facility shall be constructed or otherwise located within 100 feet of the upland edge. 6,7, & 8. Are to remain as written. Is to be revised to read: These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 10. Is to remain as written with the addition that the Liber and page number of the filed document be included on the final map. Numbers 1-8 and the additional item must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. Number 10 must be shown on the final map. The final public hearing, which was opened on February 13, 1990, was again kept open. The hearing will remain open until the Planning Board receives and reviews the following: Final maps showing all previous Planning Board requests and containing a current stamp of Suffolk County Health Department approval. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, J~. Chairman Encl. cc: SCPC DEPARTMENT OF PLANNING COU,~rY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ February 8, 1990 Hr. Bennett Orlowski, Jr., Chairman To~n of Southold Planning Board Hain Road Southold, New York 11971 Re: Minor Subdivision - Doris Price Moeller Foster Westerly side of Little Neck Road 545.15 feet southerly from Wilson Road, Cutchogue, New York. T.P.I.N. 1000-103-09-13 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on February 7, 1990, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Doris Price Moeller Foster' referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following ten conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Eugene's Creek and the tidal wetland adjacent thereto, and for good planning and land use. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. The existing buildings on Lot 2, a barn and a shed, shall not be used for living quarters. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lots 1 to 3, inclusive, each lot shail be made subject to a covenant that will prohibit future subdivision. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the upland edge. I --' 6. No stor~water runoff resul~i f!om the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water and the tidal wetlands within. 7. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Eugene's Creek and the tidal wetlands bordering the Creek. 8. A strip of land 8.75 feet wide along the frontage of the property on Little Neck Road shall be offered for dedication for highway widening ~- purposes to bring the road up to modern right-of-way width standards. 9. Conditions 1-7, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then oWner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the ToWn of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. I0. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. The map of this minor subdivision should be filed in the office of the County Clerk. This is'to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. There is the possibility that this site may contain material of archaeological value. Therefore, an archeological survey should be made by a qualified archaeologist. If it is found that the site does contain material of archaeological value then: (1) the site should be preserved; or (2) clearing, excavation and construction on the property should be delayed for a reasonable period of time to allow an archaeologist to explore, excavate and salvage items of historical worth. Very truly yours, Arthur H. Kuuz Director of Planning File: S-SD-89-24 CGL:mb Encl.: Map Charles G. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS February 20, 1990 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor Subdivision for Doris Foster SCTM~ 1000-103-9-13 Dear Sirs: Enclosed herewith please find six (6) paper prints of the final map as requested in your letter of February 14th. We understand that the Suffolk County Planning Commission's comment period ends today. Please advise if you have received any communication from this agency. dolph~.Brr ely, RHB/df Encs. UL!l FEB 2 DEPARTMENT OF PLANNING C[O~,,fY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECLFFIVE ARTHUR H. KUNZ DIRECTO~ OF PLANNING February 8, 1990 Mr. Bennett 0rlowski, Jr., Chairman To~m of Southold Planning Board l/sin Road Southold, New York 11971 Re: Minor Subdivision - Doris Price Moeller Foster Westerly side of Little Neck Road 545.15 feet southerly from Wilson Road, Cutcho~ue, New York. T.P.I.N. 1000-103-09-13 Dear Mr. Orlowski: The Suffolk County Planning Coamissiou at its regular meeting on February 7, 1990, revieved the proposed subdivision plat, entitled, '~iiuor Subdivision - Doris Price Moeller Foster" referred to it pursuant to Sect/on A14-24, Article XlV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following ten conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Eugene's Creek and the tfdal wetland adjacent thereto, and for good planning and land use. No lot line shall be changed in any manner at any future date unless authorized by the To~n of Southold Planning Board. e Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stor~ater runoff and erosion, The existing buildings on Lot 2, a barn and a shed, shall not be used for living quarters. 4. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lots 1 to 3, inclusive, each lot shall be made subject to a covenant that will prohibit future subdivision. 5. No new residential structure or sanitary disposal;facility shall be constructed or otherwise located within 100 feet ~i!~e ~a~d,,~. Page -2- 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water and the tidal wetlands within. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Eugene's Creek and the ~idal wetlands bordering the Creek. A strip of land 8.75 feet wide along the frontage of the property on Little Neck Road shall be offered for dedication for highway widening purposes to bring the road up to modern right-of-way width standards. Conditions 1-7, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 10. Tbs final map shall bear the following note: A Declaration of Covenants and Restrictions bas been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to tbs Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to tbs general public in a central office of official records. e There is the possibility that this site may contain material of archaeological value. Therefore, an arcbeological survey should be made by a qualified archaeologist. If it is found that the site does contain material of archaeological value then: (1) tbs site should be preserved; or (2) clearing, excavation and construction on the property should be delayed for a reasonable period of time to allow an archaeologist to explore, excavate and salvage itemsof historical worth. Page -3- Very truly yours, Arthur H. Kurtz Director of Planning File: S-SD-89-24 CGL:mb Encl.: Map Charles C. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 -TO: Raymond Jacobs Superintendent of FROM: Bennett Orlowski, Chairman HighWays Jr. ~ RE: Proposed Subdivision for Doris Price Moeller Foster SCTM# 1000-103-9-13 DATE: February 16, 1990 Enclosed please find a copy of the map for the above mentioned subdivision. Also enclosed is a copy of the Suffolk County Planning Commission report. The Commission has recommended that a strip of land 8.75 feet wide along the frontage of the property on Little Neck Road be offered for dedication for highway widening purposes to bring the road up to modern right-of-way width standards. See number 8 of report. Please review, and submit your comments, in writing, as to whether or not the above is necessary. Please comment by March 5th, as the Commission's report will be reviewed at the Board's meeting that night. Thank you in advance for your assistance. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY ~xecu~IvE ARTHUR H. KUNZ February 8, 1990 Mr. Bennett Orlovski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Minor Subdivision - Doris Price Moeller Foster Westerly side of Little Neck Road 545.15 feet southerly from Wilson Road, Cutcho~ue, New York. T.P.I.N. 1000-103-09-13 Dear Mr. Orlovski: The Suffolk County Planning Comission at its regular meeting on February 7, 1990, reviewed the proposed subdivision plat, entitled, '~Minor Subdivision - DorisPrice Moeller Foster" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following ten conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Eugene's Creek and the tidal wetland adjacent thereto, and for good planning'and land use. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2~ Clearing and grading within each lot shall be limited to that necessary for siting and. constructing a house with the intent of preserving as much of the natural vegetation on the site as.possible. Limiting clearing and grading will minimize stoz~nvater runoff and erosion. The existing buildings on Lot 2, a barn and a shed, shall not be used for living quarters. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lots I to 3, inclusive, each lot shall be made subject to a covenant that will prohibit future subdivision. No new resident~al structure or sanitary disposal facility shall be constructed or otherwise located %rlthin 100 feet.o~ithe upland edge. Page -2- 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water and the tidal wetlands within. Ye Erosion and sediment control measures shall be required during ~-..ediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Eugene's Creek and the tidal wetlands bordering the Creek. A strip of land 8.75 feet wide along the frontage of the property on Little Neck Road shall be offered for dedication for highway widening purposes to bring the road up to modern right-of-way width standards. Conditions I-7, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then o%mer of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 10. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the'Shffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. The map of this minor subdivision should be filed in the of£$ce of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. There is the possibility that this site may contain material of archaeological value. Therefore, an archeological survey should be made by a qualified archaeologist. If it is found that the site'does contain material of archaeological value then: (1) the site should be preserved; or (2) clearing, excavation and construction on the property should be delayed for a reasonable period of time to allow an archaeologist to explore, excavate and salvage items of historical worth. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14, 1990 Rudolph Bruer Main Road P.O. Box 1466 Southold, NY 11971 RE: Minor subdivision Doris Price Moeller Foster SCTM# 1000-103'9-13 Dear Mr. Bruer: The following took place at the meeting of the Southold Town Planning Board on Tuesday, February 13, 1990. The final public hearing was kept open. The hearing will remain open until the PIanning Board receives and reviews the following: 1. The Suffolk County Planning Commission report. Final maps showing all previous Planning Board requests and containing a current stamp of Suffolk County Health Department approval. As requested previously, the Planning Board awaits the following: A draft Declaration of Covenants and Restrictions. You will be notified should the Suffolk County Planning CoF~ission require additional covenants and restrictions. For that reason, a draft Declaration of Covenants and Restrictions should be submitted after the Planning Commission report has been reviewed. Final maps with a notation that a Declaration of Covenants and Restrictions has been filed. The notation must include the Liber and page number of the filed document. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. 5 Chairman MS/bp PLANNING BOARD } 2 FEB~Y 13, 1990 by this board on the 15th of May. With due respect we request approval of this subdivision. Mr. Orlowski: O.K. any other endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have some information pertaining to this subdivision that may be of interest to this board? Hearing none, any questions from the board? Board: No questions. Mr. Orlowski: No further questions, I'll declare this hearing closed. Mr. Orlowski: 7:35 p.m. Doris Price Moeller Foster - This minor subdivision is on 8.5 acres located at Cutchogue. SCTM # 1000-103-9-13. We have proof of publication in the Suffolk Times and the Long Island Traveler Watchman. Everything is in order at this time for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Rudolph Bruer: On behalf of Mrs. Foster. I believe that all the requirements of the Town Code have been met with respect to this subdivision. We have DEC approval, we have the covenants and restrictions with respect to grading and further subdivision before the County Clerk. One of them has been recorded already. As I said I believe it meets all the requirements of the board and we respectfully request that the application be granted. Mr. Orlowski: Do you have a stamped map from the Health Department? Mr. Bruer: I'm waiting for Mr. VanTuyl's mylars but I have the written approval of the Health Department. Mr. Orlowski: O.K., we have yet to receive anything from Suffolk County Planning. Mr. Bruer: I understand. Mr. Orlowski: You don't have any problem if we have to hold this hearing open. Mr. Bruer: No. Mr. Orlowski: O.K.. Any other endorsements of this subdivision? Hearing none, any questions from the board? Board: No questions. PLANNING BOARD , 3 FEB4Y 13, 1990 Mr. Orlowski: No further questions, I will keep this hearing open. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:40 p.m. Albert & Susan K. Strickney - This lot line change is located on Fishers Island. SCTM # 1000-9-6-8.2 & 8.6. We have proof of publication in the Long Island Traveler Watchman and the Suffolk Times and also the New London paper. Everything is in order for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, any questions from the board? Board: No questions. Mr. Orlowski: No further questions, I'll declare this hearing closed. O.K. everything is in order for approval. This is a lot line change, does the board have any pleasure? Mr. McDonald: Mr. Chairman, I would like to make the motion that the following resolution be adopted. WHEREAS, Susan K. Stickney is the owner of the property known and designated as SCTM # 1000-9-6-8.6 and Susan K and Albert Stickney are the owners of the property known and designated as SCTM # 1000-9-6-8.2, located at the southeast side of Equestrian Avenue, 362 feet north of Ocean View Avenue on Fishers Island; and WHEREAS, this Lot Line Change is to be known as Susan K. and Albert Stickne¥ Lot Line Change; 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 November 20, 1989; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 13, 1990; and WHEREAS, all the requirements of th~ Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval, and authorize the Chairman to 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 Southold Town Planning Board, at the Town Hail, Main Road, Southold, New York in said Town on the 13th day of February, 1990 on the question of the following: 7:30 p.m. Final approval of the minor subdivision of Catherine Lindsey Hinterliter and William Lindsey, Jr. located at the Town of Southold, Coun- ty of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-113-7-2.1 & 2.3. The property is bordered on the north by Bergen Avenue; on the northeast by land now or formerly of Andeas Michael & Maria Michael, by land now or formerly of Willian Zoldessy & Ann Zoldessy, by land now or formerly of Leon Dean Russell, by land now or formerly, of Nicholas LoBasso; on the southeast by land now or formerly of Pe~r A. Phillips, by land now or formerly of William Lindsay, Jr. and Frances B. Lindsay, by Cox Neck Road, by land now or formerly of Mary C. Lindsay, by land now or formerly of Cleo Tsaunis & Nicholas 'l~annis, by land now or formerly of Philip M. Hogan; on the southwest by land now or formerly of Authur P. Foster; on the northwest by land now or formerly of William Chudiak. 7:35 p.m. Final approval of the minor subdivision of Doris Price Mo~ller Foster, located at the Town of Southold, County of Suffolk and State of New York. Suffolk County Tax Map Number 1000-103-9-13. The property is bordered on the north by a dredged canal, by land now or formerly of DeLoiselle; on the east by Lit- tle Neck Road; and on the south and west by Eugene's Creek. 7:45 p.m. Final approval of the minor subdivision of Lor- raine S. Terry, located at the Town of Soutbold, County of Suffolk and State of New York. Suffolk County Tax Map Number 1000-18-5-18.1. COUNTY OF SUFFOLK ss; STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... / ...... weeks successive[y, commencing on the ..... ,~ ................ day ol . . ........... 7 ..... ,19 Swo~n to before me this ..................... day of 19 Notary Public NOTARY PU?.lfO, State of New Yor~ The property is bordered on the north by Main Road; on the east by Platt Road; on the southeast by land now or formerly of Ciehismink, by land now or formerly of Hopkins, by land now or formerly of Cielusmink, by land now or formerly of Bondorchuk; on the southwest by land now or formerly of Pardo, by land now or formerly of Orient Central Cemetery; on the northwest by land now or formerly of Schriever; by land now or ~fodnerly of Orient Fire District; by land now or formerly of Wernikowski. 7:50 p.m. Final approval of this set off of Wesley Dickinson and Jean D. Thompson at Bayview, located in the Town of Southold, County of Suffolk and State of New York. Tax Map Number 1000-78-9-30.1 & 30.2. The property is bordered on the northeast by Cedar Road; on the east by Summit Road; on the south by land now or formerly BARBARA A. SCHNEIDER Q,la,,f,, , Suftoh~ Cou,o~y of Gil Michaels; on the nor- thwest by Main Bayview Road. 7:55 p.m. Final approval of the minor subdivision of Major Terrace at Orient, located at the Town of Southold, County of Suffolk and State of New York. Suffolk County Tax Map Number 1000-26-2-42. The property is bordered on the northeast by land now or formerly of O'Conner and Ano; on the east by King Street; on the west by Douglas Street and Harbor Road; on the northwest by Orient Harbor. Any person desiring to be heard on the above matter should appear at the time and place specified. Dated: January 24, 1990 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman IX-2/1/90(1) I t uff ? atNO GIVEN thc following: 7:30 p.m. Final approval of thc minor subdivision of Catherine, Lindsev rr~,e_m=,.er and William L~'A~), Jr. locatccl at the Town of ~outhold. County of Suffolk and the State of Ncw York~ Suffolk County Tax Map Number 1000-113-7-2.1 & 2.3. Thc property is bordered on the north by Bergen Avenue; on thc northeast by land now or formerly of Andcas Michael & Maria Michael, by land now or formerly r of William Zoldcssy &' Ann Zoldessy, by land now or formerly of Leon Dean Russell, by land now or formerly of Nicholas LOBasso; on the southeast by land now or formerly of Peter A. Phi]Lips, by land now or formerly of William Lindsay, fr. and Frances B. l~ndsay, by Cox Neck Road, by land now or formerly of Mary C. Lindsay, by ]and now or formerly of Cleo Tsaunis & Nicholas Tsaunls, by land now or formerly of Philip M. Nogan; on thc southwest by land now or formerly of Arthur p. Foster; on thc northeast by land now or formerly of William Chudlak. 7:35 p.m. Final approval of thc minor subdivision of Doris Pr/cc Mcclint Foster, located at the Town of Southold, County of Suffolk and State of New York. Suffolk County Tax Map Number 1000-I03-9-13. Thc property is bordered on thc north by a dredged canal, by land now or formerly of DcLoisclle; on thc east by Little Neck Road; and on thc south and west by Eugene's Creek. 7:40 p.m. Final approva of ~ lot linc change oJ Albert and southwest by [and now or formcrly of Mortimer Bcrkcw~tz; ~n thc southeast by land now or 7:45 p.m. Final approval of the minor subdivision of Lorraine S. Terry. located at thc Town of Southold. County of Suffolk and State of New york. Su[folk ' County Tax Map Number 1000- 18-5-18.1. 1~c pr~rty is bordcrcd on thc fon~erly of ltopkins, by land now or formerly of Cinlusmink, by land now or formerly of pardo, by land now or formerly of Orient formerly of thc Orient Fire of Wernikowski. 7:50 p m. Final approval of this set off of Wesley Dick nson Bayvicw, located in the Town of Number 1000-7g-9-30.1 & 30.2. south by land now or formerly of Main Bayvicw Road. 7:55 p.m. Final approval of the minor subdivision of Major Dated: lanuary 24, 1990 pLANNING BOARD STATE OF NEWYORK) )SS: COUNTY OF SUFFOLK) Patricia Heaney of Mattituck, Ir, said County, being duly sworn, says that he/sha is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, In the Town of Southold, County of Suffolk and State of Mew 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 successively, commencing on the ] sf, day of February 1~90 Sworn to befc~ me thIs ~ Su~tf~lk Courtt'~ No. 4849860 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Date 1-19-90 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: Doris Price Moeller Foster SCTM~: 1000-103-9-13 Location: West side of Little Neck Road; 545.15 feet south of Wilson Road SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Minor subdivision of an 8.5 acre parcel into three lots, acres, 2.5 acres and 3.4 acres. 2.4 SEQR Negative Declaration Con't. Reasons Supporting This Determination: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because the New York State Department of Environmental Conservation issued a permit effective October 4, 1989 with the following special conditions: Ail future development will need further approval from NYSDEC under separate permit. Houses, garages, decks, porches and other upland structures must be landward of the "DEC 75' setback line" identified on the attached annotated plan. e There is to be no disturbance to vegetation or topography in 50' wide area extending along landward side of the tidal wetland boundary. Future septic systems must be a minimum of 100' setback from the landward edge of tidal wetlands. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 CC: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Judith Terry, Town Clerk Board of Trustees Applicant Town Hail. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 19, 1990 Rudolph Bruer P.O. Box 1466 Southold, NY 11971 RE: Doris Price Moeller Foster SCTM9 1000-103-9-13 Dear Mr. Bruer: The following resolution was adopted by the Southold Town Planning Board at a meeting held on January 18, 1990. RESOLVED that the Southold Town Planning Board set Tuesday, February 13, 1990 at 7:35 p.m. for a final public hearing on the maps dated November 1, 1989. This Minor Subdivision is for 3 lots on 8 1/2 acres located on the west side of Little Neck Road; 545.15 feet south of Wilson Road, in Cutchogue. SCTM9 1000-103-9-13. Very truly yours, Bennett Orlowski, Jr. ~/~ Chairman MS/hp January 8, 1990 CU~HOGUE FIRE DISTRICT Cutchogue, N.Y. 11935 (516) 734-6907 Southold Town Planning Board Southold Town Hall P.O. Box 1179 Southold, N.Y. 11971 Gentlemen, Z t>'~/)<, Per your recent inquiry of December 12 and 27 concerning Fire Nells on the properties of John Nickham and Doris Moeller. ~, ~ 7'- /~ /~o_~?.~., It is our determination that no wells be reccommended for the above unless the structure of the sub division changes. If you have any further questions, please call. Yours truly, Mathew J. Martin Secretary PS. Please update your records to show Mathew O. as secretary for the year 1990, thank you. Encl. 2 maps Martin Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 Rudolph Bruer P.O. Box 1466 Southold, New York PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 9, 1990 11971 RE: Doris Price Moeller Foster SCTM~ 1000-103-9-13 Dear Mr. Bruer: The following information was inadvertently omitted from the December 27, 1989, Planning Board correspondence. At the December 18th meeting the Planning Board requested the following covenants and restrictions: 1. There shall be no further subdivision in perpetuity; 2. All requirements of the special conditions of the New York State Department of Environmental Conservation must be met. Please note that the Planning Board has referred this sL~division to the Suffolk County Planning Commission for their review. You will be notified should the Suffolk County Planning Commission require additional covenants and restrictions. For that reason, a draft Declaration of Covenants and Restrictions should be submitted after the Planning Board has reviewed the Suffolk County Planning Commission report. Sorry for any inconveniences this omission may have caused. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~'~ Chairman ms Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 27, 1989 Rudolph Bruer P.O. Box 1466 Southold, NY 11971 RE: Doris Price Moeller Foster SCTM ~1000-103-9-13 Dear Mr. Bruer: The'following action was taken by the Southold Town Planning Board on Monday, December 18, 1989. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated November 1, 1989. Sketch plan approval is conditional upon submission of final maps within six months of sketch approval, unless an extension of time is requested by the applicant and granted by the Planning Board. If you have any questions, please do not hesitate to contact this office. enc. Chairman Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 19, 1989 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: Doris Price Moeller Foster SCTM #1000-103_9L13- Req~lested Action: Applicant proposes to subdivide a 8.5 acre arcel into 3 residential buildin~ lots. E__EQRA Classification: [ ] Type I ~XX] Unlisted Contact Person: ~.i~ SD~rQ ~!6-76~ 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: [~] assume agency status for this action. This agency wishes to lead [ ] 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 ~ZBoard of Trustees _Building Department Southold Town Board ~_~Suffolk County Dept. ,~2~YSDEC- Stony Brook _NYSDEC- Albany Sincg~ely, BENNETT ORLOWSKI , JR. CHAIRMAN of Health Scrvices S.C. Dept. of Public Works _U.S. Army Corp of Engineers _N.Y.S. Dept. of Transportation * Maps are enclosed for your review _ Coordinating agencies Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southotd Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - S.C.D.P.W. Topo No.: S.C. Tax Map No.: /DOO- Major Sub. Minor Sub. Hamlet/Locality Zoning - q - Site Plan Cluster MATERIAL SUBMITTED: ~ Plat (3 copies) Road Profiles (1) Drainage Plans (1) __.Topogroaphical Map (1) Site Plan (1) __ Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED REFERPJ%L CRITERIA: SEQRA STATUS: an (U~lsted~(Type I) (Type II) Action. 1. The project is 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (yes) n~ 4. The proposed division has received approval from the S.C. Dept. of Health. (Yes)~o~> We request acknowledgement of receipt of this referral (Yes) (no) Referral received 19 by Suffolk County Planning Commission and assigned File No. jt revised: 3/8/89 Very truly yours, BENN .TT OR .OWSK ,JR. CHAIRMAN Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Subdivision for Doris Price Moeller Foster SCTM #1000-103-9-13 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. Yours truly, Attorney for Applicant · 10-88-2164 N/A YORK STAT[ DEP^RrMENT OF ENVIRONMINT^I PERMIT Under the Environmental Conservation Law I Article 15. Title 3; 6NYCRR 327. 328, 329: Aquatic Pesticides Article 15, Title 5: __ Protection of Water I Article 15. Title 15: Water Supply I Article 15, '~itle 15: Water Transport Article 15. Title 15: __ Long Island Welts I Article 15, Title 27: Wild, Scenic and Recreational Rivers CONSt RVAT ION [~-~ 6NYCRR 608: Water Qual y Certification r~--] Article 17, Titles 7, 8: SPDES [-~ Article 19: Air Pollution Control* [~---] Article 23, Title 27: Mined Land Reclamation [-~ Article 24: Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only). O--Operate (*only) Oct. 4. 1989 Oct. 31, 1994 [-~-~ Article 25: Tidal Wetlands ~-] Article 27, Title 7; 6NYCRR 360: - Solid Waste Management* ~ Article 27. Title 9: 6NYCRR 373: Hazardous Waste Management ~ Article 34: · Coastal Erosion Management [~ Arlicle 36: Floodplain Management ~ Articles 1, 3, 17. 19, 27. 37: 6NYCRR 380: Radiation Control Doris P. Foster P.O.Box 202, Cutchogue, NY 11935 Rudolph Bruer, P.O.Box 1466, Main Rd., Southold, NY 11971 Eugene's Creek, 3600 Little Neck Rd., SCTM no. I000-~03-9-]3 LOCATION OF PROIFCT FACILITY COUNTY TOWN,~,-,~.[ LrT/'4 ('OORD N.',TfS Cutchogue Suffolk Southold Subdivide an 8.3 parcel of land into 3 lots; lot 1 of 2.4 n~rn~: 1~ P ~ ? 5 acrea and lot 3 of 3.4 acres. Subdivision lines are to be in accordance with the attached plans annotated and stamped approved by NYSDEC. GENERAL CONDITIONS By acceptance of this permit, Ihe perminee agrees thai Ihe pe~mil is conllngenl upon slrict comptl- ance wilh Ibe ECL, all applicable regulations and the conditions specified herein or allached herelo. Oct. 4,1989 C_h_ristine'" J. Costo?m,ln~ Stony Brook, ,~711794 I 25, 34, 3& and 6 NYCRR Part 60~ ( ) project. 14 Arty material dredged in the prosecution of the work herein permitted the bed of a waterway or floodplain or deep holes that may have a a waterway. 16. If uPOn the expiration or revocation of this permit, the proiect hereby any portion of the uncompJeted structure or fill and restore the site to its former condition. No c~aim shall be made against the State of New York on account of an'/ such removal or alteration that the proiect will be ~ree from flooding. 18 If granted under 6 NYCRR Part 608. the NYS Department of £nvircn- mental Conservation hereby certifies that the subject project wiU not contravene effluent limitations or other limitations or standards under Sections 301. 302, 303, 306 and 307 of the Clean Water Act of 1977 (PI: 95-217) provided that all of the conditions listed herein are met. 19. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. survey Such approved plans ~Oer~te prepared by R.VanTuyl latest revision o~ _8/i/89 SPECIAL CONDITIONS 1. Ail future development will need further approval from NYSDEC under separate permit. Houses, garages, decks, porches and other upland structures must be landward of the "DEC 75' setback line" identified on the attached annotated plan. 2. There is to be no disturbance to vegetation or topography in 50' wide a~ea extending along landward side of the tidal wetland.boundary. 3. Future septic systems must be a minimum of 100' setback from the landward edge of tidal wetlands. Supplementary Special Conditions (A) thru (J) attached. Page. 2 of 3 Town Hall, 53095 Main Road P.O. Box 1179 . Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1989 Anthony Blados, Secretary Cutchogue Fire District New Suffolk Lane New Suffolk, New York 11935 Dear Mr. Blados: Enclosed please find th~ survey for Please notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by '.~( ~ , 1989. Thank you for your cooperation. Veer_y, truly yours, BE~ETT ORLOWSKI,JR. CHAI~ e nc. November 3, 1989 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Doris P. Foster Little Neck Road, Cutchogue, N.Y. SCTM# 1000-103-09-013 Dear Sirs: Pursuant to your 9/28/89 request, we enclose herewith twelve (12) prints of revised survey for your approval. The wetlands and set-back lines have been adjusted and the upland lot areas are indicated (lower left of map). Please schedule this sketch plan for the Board's approval, declaration of lead agent and SEQRA determination. Thank you for your consideration. Sincerely, Encs. Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 October Re: Subdivision for Doris P. Foster Little Neck Road, Cutchogue, N.Y. #1000-103-09-013 Dear Sirs: The N.Y.S. DEC has issued its permit for the above project, effective Oct. 4, 1989 (copy enclosed for your information). Please note the attached, approved map. The DEC's field measurements call for a revision of the 75' setback line, as indicated, but no alteration of the wetlands line shown thereon. I refer you to your letter of September 28, 1989 respectfully request that Item ~1, regarding the conceded to the DEC's jurisdiction and approval. (copy enclosed) and wetland line, be May we please have your speedy response. S~n~erely, Rudolph,H. Bruer RHB/df Encs. cc: Mrs. Doris P. Foster Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 I'ELEPHONE (516) 765-1o38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 28, 1989 Rudolph Bruer P. O. Box 146 Southold, NY 1]_971 RE: Doris Price Foster SCTM~ 1000-103-9-13 Dear Mr. Bruer: The Planning Board has reviewed the maps submitted on August 11, 1989. The following changes must be made before the Planning Board can proceed. 1. The wetlands line as placed on the survey does not correspond to the five foot contour line as recommended by the Conservation Advisory Council's inspection. This inspection report was contained in the Board's letter to you of May 17, 1989. 2. The area of the wetlands must be deleted from the lot area. The lot area, excluding the wetland area, must be at least 40,000 square feet. Upon receipt of revised maps the Planning Board will proceed with their review. Very truly yo s, Bennett Orlowski, Jr. Chairman rgk 10-88-2164 N/A NEW YORK SLATE DEPARIM£NT OF [NVIRONMINTAL CONSERVATION PERMIT Under the Environmental conservation Law I Article 15, Title 3; 6NYCRR 327, 328, 329: Aquatic Pesticides I Article 15, Title 5: __ Protection of Water --I Article 15, Title 15: __l Water Supply Article 15, Title 15: __ Water Transport I Articte 15, Title 15: __ Long Island Wells Article 15, Title 27: __ Wild, Scenic and Recreational Rivers 6NYCRR 608: Water Qua ty Certification Article 17, Titles 7, 8: SPDES Article 19: Air Pollution Control* -- Article 23, Title 27: Mined Land Reclamation Article 24: Freshwater Wetlands N--New, R--Renewal, M--Modification C--Construct (*only), O--Operate (*only) Oct. 4. 1989 Oct. 31, 1994 -- Article 25: Tidal Wetlands [~ Article 27, Title 7; 6NYCRR 360: ' Solid Waste Management* Article 27, Title 9; 6NYCRR 373: __ Hazardous Waste Management ~ Article 34: ,Coastal Erosion Management Article 36: __ Floodplain Management -- Articles 1, 3, 17, 19, 27, 37: 6NYCRR 380: Radiation Control Doris P. Foster ADDRESS £)T PERMI~LE P.O.Box 202, Cutcho~ue, NY 11935 Rudolph Bruer, P.O.Box 1466, Main Rd., Southold, NY 11971 Eugene's Creek, 3600 Little Neck Rd., SCTM no. 1000-103-9-]3 LOCAriON OF ProJEct FA( ILITY COUNTY TOWN~E UTM COORD]NAIFS Cutchogue Suffolk Southold Subdivide an 8.3 parcel of ]and into 3 lots; lot 1 of 2.4 m¢r~: 1mr ? mC 2_5 acres and lot 3 of 3.4 acres. Subdivision lines are to be in accordance with the attached plans annotated and stamped approved by NYSDEC. GENERAL CONDITIONS By acceptance of this permit, the perminee agrees that the permit is contingenl upon strict compli- ance with the ECL, all applicable regulaEions and the conditions specified herein or attached hereto. Oct. 4,1989 i Christine J, Costopm,ln~ [ Stony Brook, NYlI794 i ,,': \ "' E~ ] 3 T~Y/86)- 25c b ~rtle IONAL GENERAL CONDITIONS FOR ARTICLES 15 10. ~hat if future operations by the State of New York require an teration in the position of the structure or work herein authorized, or if. in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State. and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be cmn- pleted, the owners, shall without expense to the State, and to such extent and in such time aed manner as the Department of Environmental Conservation may require, remove all o~ any portion of the uncompleted structure or fill and restore to its 'ormer condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 11: That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 12. Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from the U.S. Army CorDs of Engineers, U.S. Coast Guard, New York State Office of General Services or local 8overnment which may be required. 13 All necessary precautions shall be taken to preclude contamination of any wetland or watenvay by suspended solids, sediments, fuels. solvents, lubricants, epoxy coatings, paints, concrete, leachate or any 24, 2S, 34, 36 and 6 NYCRR Part 600 C ) other environmentally deleterious mat~N'ials associated with the proiect 14. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 15 There shall be no unreasonable interference with navigation by the work herein authorized. 16 If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the al~licant shaJI, without expense to the State, and to such extent and in such time and manner as the Department of Enwronmental Conservat~o~ may require, remove all or any portion of the uncompleted structure o~ fill and restore the site to its former condition. No claim shall he made against the State of New York on account of any such removal or alteration. 17 If granted under Article 36, this permit does not signify in any way that the proiect will be ~ree from flooding. 18 If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that tbe subject project will not contravene effluent limitations or other limitations or standards under Sections 3~1,302, 303, 306 and 307 of the Clean Water Act of 1977 (PI~ 95-217) provided that all of the conditio~ listed herein are met. 19 All activities authorized by this permit must he in strict conformance with the approved plans submitted by the applicant o~ his agent as part of the permit application. /on survey Such approved plans ~ere prepared by R.VanTuyl latest revision on 8/1/89 SPECIAL CONDITIONS 1. Ail future development will need further approval from NYSDEC under separate permit. Houses, garages, decks, porches and other upland structures must be landward of the "DEC 75' setback line" identified on the attached annotated plan. 2. There is to be no disturbance to vegetation or topography in 50' wide area extending along landward side of the tidal wetland.boundary. 3. Future septic systems must be a minimum of 100~ setback from the landward edge tidal wetlands. Supplementary Special Conditions (A) thru (J) attached. DEC PERMIT NUMBER PROC R,~,MI~ACI LITY NUMBER J N/A Page 2 of 3 Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 28, 1989 Rudolph Bruer P. O. Box 146 Southold, NY 11971 RE: Doris Price Foster SCTM# 1000-103-9-13 Dear Mr. Bruer: The Planning Board has reviewed the maps submitted on August 11, 1989. The following changes must be made before the Planning Board can proceed. 1. The wetlands line as placed on the survey does not correspond to the five foot contour line as recommended by the Conservation Advisory Council's inspection. This inspection report was contained in the Board's letter to you of May 17, 1989. 2. The area of the wetlands must be deleted from the lot area. The lot area, excluding the wetland area, must be at least 40,000 square feet. Upon receipt of revised maps the Planning Board will proceed with their review. Very truly yo. jjxrs,,/] /~/~ Chairman rgk August 11, 1989 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Subdivision for Doris P. Foster Cutchogue, N.Y. SCTM# 1000-103-9-13 Dear Mr. Orlowski: In response to your letter advised that the wetlands revised accordingly. of 5/17/89 (copy enclosed), please be line has been restaked and the survey We enclose herewith twelve (12) prints of the revised survey and ask that the board make its declaration as lead agent under SEQRA and resolution to approve this sketch plan as soon as possible. Sincerely, RHB/df / Encs. cc: Mrs. Doris P. Foster Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANN1NG BOARD OFFICE TOWN OF SOUTHOLD May 17, 1989 Rudolph Bruer P.O. Box 1466 Southold, NY 11971 RE: Doris Price Moeller Foster SCTM #1000-103-9-13 Dear Mr. Bruer: The Southold Town Conservation Advisory Council made an inspection of the above sited project. The inspection revealed the survey was incorrect in regards to the location of the wetlands line. The line should actually be located at the place shown as the 5' contour line on the submitted survey. The wetlands line should be restaked properly and resurveyed using the new, correct wetland line and surveyors calculations made accordingly. Upon receipt of revised maps the Planning Board will proceed with their review. /~f truly / -' .~ ,' BENNETT ORLOWSKI CHAIRMAN jt Southold Town Board of Appeals APPEALS ROARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS SOUTHOLD TOWN PLANNING BOARD Appeal No. 3806: Upon application of DORIS PRICE MOELLER FOSTER for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot width (frontage) of two proposed Parcel No. 1 in this pending Minor Subdivision. Location of Property: West Side of Little Neck Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lot 13. WHEREAS, a public hearing was held on January 12, 1989, in the Matter of the Application of DORIS PRICE MOELLER FOSTER under Appeal No. 3806; and WHEREAS, at said hearing 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, the 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. The premises in question is located in the Residential and Agricultural Zoning ~istrict (A-80) and is identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 9, Lot 13. 2. The subject premises as exists: (a) contains a total lot area of 8.5+- acres; Page 2 - Appl. No. 3806 Matter of DORIS PRICE MOELLER FOSTER Decision Rendered January 12, 1989 (b) has a total frontage (lot width) along the west side of Little Neck Road of 670 feet; (c) is waterfront, with frontage along Eugene's Creek; (d) is improved with a single-family, two-story frame dwelling and an accessory (storage) barn and accessory (storage) shed, all as more particularly shown on the Map prepared by Roderick VanTuyl, P.C. dated June 30, 1988, lastly amended November 7, 1988. 3. The relief requested by this application is for frontage of proposed Lot No. 1 of 125 feet. The remaining Lots No. 2 and 3 are shown with frontage of 175 feet or more, and the area of each of the three proposed lots are proposed at a minimum of 80,000 square feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot width of 175 feet. 5. In viewing the immediate area of those lots fronting along Little Neck Road, it is noted that there are lots of a width similar, or less, than that requested herein. 6. In considering this application, the Board finds and determines: (a) that the burden of proof has been met; (b that the relief requested is not substantial in relation to the requirements, being a variance of approximately 28%, and meeting 72% of the 175 ft. minimum requirement; (c) that the circumstances are uniquely related to the premises; (d) that the difficulties claimed are sufficient to warrant a grant of the relief requested; (e) that there will not be a substantial adverse effect of increased dwelling density thus produced on available governmental facilities by the if the variance were allowed, and will not in effect establish a zone district at odds with all other zone districts provided for in the Zoning C~de (VanDusen v. Jackson 35 A.D. 2d 58); (f) the variance if granted will not in turn cause substantial effect on the safety, health, welfare, comfort, convenience, order of the town; a Page 3 - Appl. No. 3806 Matter of DORIS PRICE MOELLER FOSTER Decision Rendered January 12, 1989 (g) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by granting this application, as applied and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that the relief requested under Appeal No. 3806 in the Matter of the Application of DORIS PRICE MOELLER FOSTER, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the area of each lot proposed in this Minor Subdivision pending before the Planning Board not be less than the requirements of the zoning code, for a minimum of 80,000 sq. ft. each {lot lines as required by the Planning Board}; 2. That construction or buildings within three feet of the lot lines must be removed or relocated. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. Absent were: Member Doyen of Fishers Island, due to .poor flying conditions, and Member Sawicki {out-of-state}. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN (516) 765-1801 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 To; From: Dated: Re: Southold Town Trustees Southold Town Conservation Advisory Council May 12, 1989 Verification of Wetland Line Planning Board Referral: Doris Price Moeller Foster 1000-103-9-13 Little Neck Road, Cutchogue At your request, the $outhold Town Conservation Advisory Council made an inspection of the above sited project. The inspection revealed the survey was incorrect in regards to the location of the wetlands line. The line should actually be located at the place shown as the 5' contour line on the submitted survey. The wetlands line should be restaked properly and resurveyed using the new, correct wetland line and surveyors calculations made accordingly. cc: Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 17, 1989 Rudolph Bruer P.O. Box 1466 Southold, NY 11971 RE: Doris Price Moeller Foster SCTM ~1000-103-9-13 Dear Mr. Bruer: The Southold Town Conservation Advisory Council made an inspection of the above sited project. The inspection revealed the survey was incorrect in regards to the location of the wetlands line. The line should actually be located at the place shown as the 5' contour line on the submitted survey. The wetlands line should be restaked properly and resurveyed using the new, correct wetland line and surveyors calculations made accordingly. Upon receipt of revised maps the Planning Board will proceed with their review. Very truly yours~,, . BENNETT ORLOWSKI, JR. CHAIRMAN jt Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: DATE: RE: Southold Town Trustees Southold Town Planning Board ~f February 16, 1989 Application for Doris Price Moeller Foster SCTM#1000-103-9-13 Attached please find the map for the above mentioned proposal. The Planning Board would like verification of the wetlands line. Can your office be of assistance or should the DEC be contacted? APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS SOUTHOLD IOWN PLANNING BOARD Appeal No. 3806: Upon application of DORIS PRICE MOELLER FOSTER for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot width (frontage) of two proposed Parcel No. 1 in this pending Minor Subdivision. Location of Property: West Side of Little Neck Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lot 13. WHEREAS, a public hearing was held on January 12, 1989, in the Matter of the Application of DORIS PRICE MOELLER FOSTER under Appeal No. 3806; and WHEREAS, at said hearing 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, the 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. The premises in question is located in the Residential and Agricultural Zoning District (A-80) and is identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 9, Lot 13. 2. The subject premises as exists: (a) contains a total lot area of 8.5+- acres; Page 2 - Appl. No. 3806 Matter of DORIS PRICE MOELLER FOSTER Decision Rendered January 12, 1989 (b) has a total frontage (lot width) along the west side of Little Neck Road of 670 feet; (c) is waterfront, with frontage along Eugene's Creek; (d) is improved with a single-family, two-story frame dwelling and an accessory (storage) barn and accessory (storage) shed, all as more particularly shown on the Map prepared by Roderick VanTuyl, P.C. dated June 30, 1988, lastly amended November 7, 1988. 3. The relief requested by this application is for frontage of proposed Lot No. 1 of 125 feet. The remaining Lots No. 2 and 3 are shown with frontage of 175 feet or more, and the area of each of the three proposed lots are proposed at a minimum of 80,000 square feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot width of 175 feet. 5. In viewing the immediate area of those lots fronting along Little Neck Road, it is noted that there are lots of a width similar, or less, than that requested herein. 6. In considering this application, the Board finds and determines: (a) that the burden of proof has been met; (b that the relief requested is not substantial in relation to the requirements, being a variance of approximately 28%, and meeting 72% of the 175 ft. minimum requirement; (c) that the circumstances are uniquely related to the premises; (d) that the difficulties claimed are sufficient to warrant a grant of the relief requested; (e) that there will not be a substantial adverse effect of increased dwelling density thus produced on available governmental facilities by the if the variance were allowed, and will not in effect establish a zone district at odds with all other zone districts provided for in the Zoning Code (VanDusen v. Jackson 35 A.D. 2d 58); (f) the variance if granted will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town; Page 3 - Appl. No. 3806 Matter of DORIS PRICE MOELLER FOSTER Decision Rendered January 12, 1989 (g) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by granting this application, as applied and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that the relief requested under Appeal No. 3806 in the Matter of the Application of DORIS PRICE MOELLER FOSTER, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the area of each lot proposed in this Minor Subdivision pending before the Planning Board not be less than the requirements of the zoning code, for a minimum of 80,000 sq. ft. each {lot lines as required by the Planning Board}; 2. That construction or buildings within three feet of the lot lines must be removed or relocated. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. Absent were: Member Doyen of Fishers Island, due to poor flying conditions, and Member Sawicki {out-of-state}. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN January 9, 1989 Southold Town Town Hall Main Road Southold, N.Y. Planning Board 11971 Attention: Melissa Spiro Re: Subdivision for Doris P. Foster (#1000-103-9-13): Dear Melissa: As you requested, we enclose herewith Full EAF with Applicant's portion (Part 1) completed. · Bruer cc: Mrs. Doris P. Foster Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($t6) 765q938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Southold Town Board of Appeals FROM: Southold Town Planning Board//~ DATE: January 12, 1989 RE: Pending Subdivision Review SCTM# 1000-103-9-13 Doris Price Moeller Foster The Planning Board requests that if the above mentioned application for lot width (frontage) variance is granted, that the variance be worded in a way that the Planning Board, in its subdivision review, will have the ability to revise and straighten the lot lines. APPEALS BOARD MEMBERS GERARD p. GOEHR]NGER, CHArRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ[O, JR. $outhold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 srlUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 NOV 2 9 1988 SOUTHOLD TOWN PLANNING BOARD INTERDEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Southold Town Planning Board Chairman and Members Valerie Scopaz, Town Planner Board of Appeals November 21, 1988 Pending Subdivision Review - 1000-103-9-13 W/s Little Neck Road, Cutchogue Matter of Doris Price Moeller Foster On November 21, 1988, an application was filed for lot width (frontage) variance in the Matter of Doris Price Moeller Foster in the above Minor Subdivision project. Attached is a copy of the Minor Subdivision Map, as proposed, and request that your comments~f a~Ak~on the general layout be submitted on or befor~_ec~e~er 21st~ If we do noG, receive your comments by December 21st, we will assume that you have no objections to the general lot-line layout as submitted and acc~ng~ee~ Thank you. lk November 21, 1988 SOUTHOLD TOWN PLANNING BOARD Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Doris Price Moeller Foster Cutchogue, N.Y. SCTM #1000-103-9-13 Dear Sirs: For your consideration in connection with our client's minor subdivision of property, we enclose herewith 1. Application for Approval of Plat in duplicate 2. Twelve (12) copies of the subdivision survey. 3. Form letter re drainage, etc. 4. Part I of the Short Environmental Assessment Form 5. Planning Board Questionnaire 6. Our check, in the sum of $2500.00, in payment of the fee ($1500.00) and inspection fee ($1000.00). We await the Board's comments or recommendations. Sincerely, Rudolph ~. Bruer RHB/df Encs. cc: Mrs. D. Foster proposal for a the following: application APPLICATION FOR APPROVAL OF PLAT NOV Z I To the Planning Board of thc Town of Southold: THc undersigned al)plicant hereby applies for (tentative) (final) approval m accordance xvith Article 16 of the Toxvn l.axx ~nd the Rules and Regulations of the Sonthohl Town Planning Board, and represents and states as follows: 1. Tile applicant is tile owner of record of the laud under application. (If the applicant is not the owner of record of the land nnder application, the applicant shall state his interest in said land under application.) 2. The name of thc subdivision is to he . ~.qgT..~u.l?~l~-xi.~P.n..~97..PgY.~.~..PF.i.q~ .~l.o.e.J: .1~?. Foster 3. The entire land under application is described in Sciwdule "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 follows: Liber ....... .3.7. Q ~ ....... ' .....Page ...... ;./47 ............. On ....... .6 / 7./.5..~4 ......... ; Liber ....... 3.7.24 ............ Page ...... 599 ............. On ....... ?/.1.~/...5 O, ........; Liber ....... /4.209 ............ Page ...... 160. ............ On ....... 1 )-].7./. 5fi ........; Liher ....... .4~336 ............ Page ...... 2.6.7. ............ On ....... 7/.6./.6.9 ......... : Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ....................................... ~,r a~ aistributee 5. The area of the land is ...8...5. ............ acres. 6. All taxes xvhich are liens on the land at the (late hereof have been paid except . .N.0.N..l~ ...... 7. The land is encuml)ered by .... 0/g'~ .................................................... mortgage (s) as follows: (a) Mortgage recorded in I,iber .............. Page .................. in original amount of $...~.O.t.q.?? .... unpaid amount $ ...~..~¢.Oq.e4 .......... held by ~....~:"/q, tg4¢:::~ .... address . .~. .~. Z~. . . ./~4~%l. ~O~tJ,. . ~. Cqc/. .l?~. . g-.O,. Iqt~/. . ././~?.l .............. (b) Mortgage recorded in Liher ......... Page ....................... in original amount of .............. nupald amount $ ...................... held by ...................... .............. address .............................................................. (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address 8. There are no other encumbrances or liens against the land except ..b!0~.E ................. 9. The land lies in the follo~vlng zoniug rise districts '.'.A~'.-.Ig¢~j..d.e.n. ~:.i.q],/'~gz:~.¢uj, t;u~ ..... 10. No part of the land lies under water whether title water, stream, pond xvater or otherwise, ex- cept .................................................................................. I1. The applicant shall at his expense install all required public improvements. 12. The land (.,~,5,~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is 13. Water mains will be laid by ...... .N/.~, ................................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ..... 3l/.fi ..... lines. · ........ and (a) (no) charge will be made ft 15. Gas mains xvill be installed by . ~/A and (a) (no) charge will ~'g~de for installing said mains. 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 "W' hereto, to show same. 17. If streets shown on the plat are claimed by thc applicant to be existing l)ublic streets in the Town of Southold llig way system, annex Schedule"C" - hereto to show same. 18. There are no existing buildings or structures on the land which arc not located aud shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In tile course of these proceedings, tile applicant will offer proof of title ;ts required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showi:~g all restr ct )n~ covenants, etc. Annex Schedule "D". - , 22. The applicant estimates that the cost of grading and required public improvements will be $..Lq/A .... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . NJ.A ......... years. The Performance Bond will be written by a licensed surety company unless otherwise shown on $cheduie "F". DATE ......... ~..~.~.3 .............. , 19.88. DD~RIS. P~ICK 240ELLER. F.0STE~. ............... (Name of Applicant) (Signature and Title) P 0,. B.o~. Z 02.~. Cu.t.ch0g~g ,. i~.Z. ! ~ 925 ........ (Address) STATE OF NEW YORK, COUNTY OF . $!JY.F..0LK ........................ ss: On the ..... ~9~.. ........ day of.. ~ .............. 19..~3.., before me personally came I)!O. RX$. ?,~,XCE. ~lOl!IL.~,llg. FD. STER ............. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . SJrlE ....... executed the same. I~. ~ ~ ~ Notary Public / ....... .......... ~ ..... i ..... to me known, who ~me duly sworn did de- pose and say that ............ residt~s at No ........ ~ ..................... ~ ................... is the .......... ,md~ ....... signed ....... 5 ......name thereto b3 like order. ' ................................. ?rHI~INDENTURE, madethe i:X~]~:~dayof .;~'-~.~ ,.ineteenbundredand riley-rout, BETWm~N ..~, residing at reconic, Suffolk County, New York, part), of the first part, and ~MAN F. MOE~ER and DORIS P. ~OELLER, i~ls wife, ss tenants by the entirety, both residing at Cutchogue, Suffolk County, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of ........................ TIll ($10.) ........................................ dollars, law£ul money of the United States, and other, good and valuable e. ollsidol, atlon, paid by the iparty of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party o£ the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improve~nents thereon erected, situate, lying and being~/ at Peconic, in the Tomu or Southold, County of Suf£olk, and StaTe of New Yopk, bounded Norther,ly by land fomerly of Jessie Baldwln, a distance of 648 feet; EastePly by Little Neck Road, a distance of 498.3 feet; Southerly, south- westerly and westerly, by the respective meadows believed to be omed partly by Harold Goldsmith and Alv~h B. Goldsmith, and partly by Leander 61over, a total diatarce of approximately ~0.5 feet; end Westerly by Eugene's or West Creek, a distance of ~0 feet. Being and intended to be the same premises conv~ed by Eyeful1 B. Tuthi11 and wife to S. Edgar Tuthlll by deed dated September 1, 1~3~, and recorded in the Suffo County Clerk's Office c~ Y~rch ~0, 1~, in Llber 1705 of Deeds at page 5~; end t~ same pcemises oo~veye~ by Dez. iah F. Tuthlll to Clara E. Tmthlll by deed dated October ES, 1948, and reco,rded lnthe Suffolk ~ounty Clerk~s Office on November 12, 1946, in Llber 1~,547 o£ Deeds at page SCHEDULE A (1 of 4[} ., ..;:,-.~ . ~., ~;.',r O5 i;~ ,"ilk~ THIS IND~, made the ~ ~ day o~ ' ~ ,'nineteen hundred and r rw-ro , BE~N HAROLD E. GOLDSMITH and ALVAH B. GOLDSMITH, resiaing at Southold, Suffolk County, Now York, party of the first part, and bo~h ~RMkN F. MOELLER and DORIS P. MOELLKR, his wife, as 'tenants b'y tho entirety, both rosidlng at Cutchoguo, Suffolk ~ounty, Now York, party of thc second part, WITNESSETH, that the party o[ the first part, in consideration of Ten Dollars pa~d by the party of thc second part, does hereby remise, release and quitclaim unto the party of thc second part, the heirs or successors mud a~sign$ of the party of the second part forever, ALL that tract or parcel of r~oadow or m. eadowland situate, lying and being at Peconic, in tho Town of Southold, County of Suffolk and State of New York, bounded northerly by meadow or meadowland believed to bo owned by Leander Glover; northerly, nor~heasterly~ and easterly by upland of Clara B. Tuthill; easterly by Little Neck ROad; southerly by Eugeno,s or West Creek; and westerly by West Creek. SUBJECT .to any state o'f facts a~u accurate survey may show. TOGETHER with all riglitl tide ~.nd ffi'tereit, if any, of the party of the first part of, in aEd to anv stree:s and roads abutting the above-described premises to the center lines thereof; TOGETHER with the and all the estate and right~ of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the firsz part will receive the consideration for this conveyance and will hold the right to rece ye such eration as a trust ~und to be applied first for the purpose of paying the cost of the improvement aud ~' 1 the same first to the payment oi the cost of the improvement before using any part of the ~otal of the sam; any other pu~ose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so require~ I~ WITN~S WHEREOF, the party of the first part has duly executed thi~eed the day and year first above .~ ritten. - IN PRESENCE OF: . .... , , .: ~a. old S. Solds:~th~ '~' ,~( '1 ~) d~/ ( h.S. SCHEDULE A 2 of 4) Jffade the 2nd Fifty-six ew York, day o,f November, JVineteen H~ndred and ALONZO It. HOWELL, residing at Mattituck, Suffolk County, p~rt y of the first part, and residing HERMAN F. MOELLER and DORIS P. MOELLER, his wife, at Little Neck Road, Peconic, Suffolk County, New York., part of the second part, ( ihlt ."dl! that the rty of the rst part, cons erat n of TEN ......... Dollars ($ 10. O0 ) lawful rr~oney o£ the ~Tnited Slates, and o~her good and valuable considerations paid by the part o£ tt~e second part, do es hereby ~rant and release :~nto the part of the second part, and, assi~fns forever, all that tract or parcel of land, situate, lying and being on the westerly side of Little Neck Road, Cutchogue, in the Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: - BEGINNING at a point marked by a concrete monument on the westerly line of Little Neck Road at the southeasterly corner of the premises herein des- cribed; and running thence along lands formerly of Clara Tuthill South 82 degrees 54 rn/nutes 20 seconds West 387. 32 feet to a stake and lands now or formerly of Wilson Tuthill; running thence North 2 degrees 42 minutes 50 seconds West 368 feet to a point; running thence in a general easterly direction along other lands of the party of the first part 387. 32 feet more or. less to.a point, on the westerly line of Little Neck Road which point is North 0 degrees 17 minutes 00 seconds East 366 feet from the northeasterly corner of lands of Clara Tutbill; ~unning thence South 0 degrees 17 minutes 00 seconds West 36~ feet to the point or place of beginning. SUBJECT to any state of facts an accurate survey may show. TOGETHER with ail of the right, title and interest of the party of the first part of, in and to the highway adjoining said premises to the center line thereof. SCHEDULE A (3 of 4) PLEASE DO PUBLbA · s s /. .................. T~ ~D~RE, made ~e 1S t day of July , nineteen hundred and Sixty BE~N E. ~ILSON TUTHILL, ~estdlng at Cutchogue, Town of Southold, C%unty of Suffolk and State of New Youk, and BELLE C. ~THILL, life tenent, pady of the first part, and rf$1ding at Little Neck, Pec~nic, N~w York, HERMAN F. MOELLER and DORIS P. MOELLER, his wife, Town of Southold, Suffolk County, ~ny of the second pa~, WITNE$SETH, that the pan3' of the first pan, in consideration of One and 00/100 ........... ..................................................... ( $1. O0 ) - - dollars, ~wful money of the United Smt~, and other good and vmluable cons iderationsP~d b~ the ~y of the second pa~, does hereby g~nt ~d release unto the ~rty of the second pa~, the heirs or su<essors and ~signs of the party of the s<ond part forever, meadow ALL thatce~ainplot, pieceorparcel~and,~ae~titdila~.~~~l~rw~situate, lylng~dbeing~ at Little Neck, East Cutchogue, Town of Southolfl, Suffolk County, New York, bounded and described as follows:- BEGINNING at the southwesterly corner of land recently conveyed by Fordham Howell ~ to E. Wilson Tuthill and at the northwesterly corner of land conveyed by Alonzo Howell to the party of the second part, Llber 4209, page 160; running along the last described land, South 2~ 42' 50" East 368.0 feet to other land of the party of the second part; thence along said other land of the party of the second part, South 82° 54' 20" West 270 feet, more or less,~to the westerly edge of the meadow a~ong Eugene,s C~ek~m.~e~ceinortherly along the edge of said meadow 300 feet; thence along other meadowlaud of the party of the first part, North 71° 22~ 20" East 370 feet, mo~e or less to the point of beginning. Containing 2.4 acres, more or less. SCHEDULE A 4 of 4) sCHEDULE C Little Neck Road is a Town maintained road. ~^TR,U,^U. MOOR~ ~*November 21, 1988 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Doris Price Moeller Cutchogue, N.Y. '~ SCTM #1000-103-9-13 Dear Sirs: Foster For your consideration in connection with our minor subdivision of property, we enclose herewith 1. Application for Approval of Plat in duplicate 2. Twelve (12) copies of the subdivision survey. 3. Form letter re drainage, etc. 4. Part I of the Short Environmental Assessment Form 5. Planning Board Questionnaire 6. Our check, in the sum of $2500.00, in payment of fee ($1500.00) and inspection fee ($1000.00). We await the Board's comments or recommendations. Sincerely, Rudolph a. Bruer RHB/df Encs. cc: Mrs. D. Foster client's proposal for the following: the application Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Subdivision for Doris Price Moeller Foster SCTM #1000-103-9-13 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. Yours truly, Attorney for Applicant T(P~iD Southold. N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence~ 1. Are there any wetland grasses on this parcel? /Yes' (Attached is a list of the wetland grasses definedkj by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes 3. Are there any building permits pending on this parcel? Yes 4. Are there any other applications pending concerning this property before any other ~-~ ~ department or agency?(Town , State, County, etc.) /Yes / 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes 6. Was this property the subject of any prior application to the Planning Board? Yes 7. Was this property the subject of any prior applications to the Board of Appeals? Yes No I certify that the above statements are true and will be relied on by the Planning Board in considering this application. Signature of property owner or authorized agent date Attachment to questionnaire for,the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the ~ day of , 1988, before me personally ! came DORIS PRICE MOELLER FOSTER to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that SHE executed She same. Notary ~ublic APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval accordance with Article 16 of the Tmvn l.aw and the Rules and Regulations of the Southold Tmvn Planning Board, and rcpresents 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 .M.J~r).°.r. .~u.b..d.t_.v. 5..s.5.o.r} .~.o?..D..o.r.~.s...P~.i.c~e...H.o.e.~:l..e.r. Foster 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is hekt by the applicant under deeds recorded in Suffolk Count), Clerk's office as follows: Liber ....... 3.7. Q ~ .......' ..... Page ...... ~..a7 ............. On ....... 6../.2./.5.4 ......... ; Liber ....... 3.7.24 ............ Page ...... 599 ............. On ....... ? [~.4./.~5 ........ ; Liber ....... /*209 ............ Page ...... 160 ............. On ....... 11J.7./.~6 ........ ; Liber ........ /tl3 $~ ............ Page ...... .2.6~ ............. On ....... 7/.6./..6.0 ......... Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ....................................... ov a~ aistributee ....................................................................... 5. The area of the land is . . {3...5. ............ acres. 6. All taxes which are liens on the land at the date hereof have been paid except .}I~3.N..E. ...... 7. The land is encumhered by .... ~9/q'~ .................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Page .................. in original amount of $...~.O.z .o.?o. .... unpaid amount $ ....~.~/.qq~ .......... held by ....~..,~l~M.../~ .... address .ff)f~....-~...~.'~.'q.~O~*)~ ~f'4qt..'L'Z~...~},.~4t~l..././~7.t .............. (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address ............................................................... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land except . .~1'0I~ ................. 9. The land lies in the follo~ving zoning use districts '.'.~'.-.R.q~;L.d.e.n.l:~.a.],[~gr.~¢~tJ, r~t~l:~ ..... 10. No part of the laml lies under water whether tide water, stream, pond water or otherwise, ex- 11. The applicant shall at his expense install all required public improvements. 12. The land (~:~ (does not) lie in a Water District or Water Supply District. Name o{ Dis- trict, if within a District, is ............................................................. 13. Water mains will be laid by ...... g/g ................................................. and (a) (no) charge wilt be made for installing said mains. 14. Electric lines and standards will be installed by ..... I~1/.~ ................................ lines. ........ and (~) (no) charge will be made for :~o~l; .... ;a 15. Gas mains will be installed hy ...... ~/.A. ................................................. and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing puhlic streets in the Suffolk County Highway syste~n, annex Schedule "B" hereto, to show same. 17. If streets shoxvn on the plat are claimed by the applicant to be existing pnhlic streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and sl~own on the plat. 19. Where the plat shoxvs proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no 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 ~fffer 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 public improvements will be $..I~/~. .... as itemized in Schedule "E" hereto annexed and requests that the maturity nf the Performance Bond be fixed at . NJ.A ......... years. The Performance Bond xvill be written by a licensed surety company unless otherwise shown on Schedule "F". DATE ............................ 19.88. DI~RIS. P. RICE. ~0E~ER. FBSTER ............... (Name of Applicant) (Signature and Title) P O, gPX .g02,: .CU~.qhQg~q,. ~X .1193.5 ........ (Address) STATE OF NEW YORK COUNTY OF . $U.F..F. 0LK ........................ ss: On the ..... ~9~.,~ ....... day of.. ~ .............. 19..88.., before me personally came DORIS. PRICE. MQELLER. FD. STER ............ to me known to be the individual described in and ~vho executed the foregoing instrument, and acknowledged that . SHE ....... executed the same. .... ........... Notary Public On the ................ day ............ of .............. , 19 ....... befo ...................... to me known~ sworn did de- pose and say that ............ resides at No ........ ~--:'~' i~i .......... ..................... ~_~s the .......... the corporation described in an~gd.-'w~h executed the foregoing instrument; that ............ knows the seal of said~; that the seal affixed by order of the board of directors of said corporation. and ~ ....... signed .............. name thereto by like order. Notary Public BE1~V~EN ~_~, resldin~ at peconiC, Suffolk County, New york, the first part, and ~ an~, his wife, as tenants by the entXrety, both residing at Cutchogue, Suffolk County, New York, of the second part, WITNESSETH, that the party of the first part, in consideration o[ ........................ TEN ($10.) ........................................ dollars, la~vful money of the United States, ~nd other good 8nd vsluable consldoPatlon, paid by the part}' of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL ttmt certain plot, piece or pared of land, with the buildings and improvements thereon erected, situate, lying and beingi~h~/ at peconlc, in the Toma of Soul, hold, County of StAffolk, and ;rase of New York, bounded Northerly by l~nd formePly of JesSie Baldwin, a distance of 648 feet; Easterly by Little Neck Road, a dlstamce of 49~.3 feet; Southerly, ~outh- westerly and westerly, by the respective meadows believed to be o~ed partly by Harold Goldsmith and Alv~h B. Goldsmith, and partly by Leander 61over, a total distar~e of approximately ?~0.5 feet; and Westerly by Eugene's or West Creek, a distance of ~0 feet. Being and intended to be tb~ same premiees co~ve~ed by Everal! B. Tuthill and wife to S. Edgar Tuthili by deed dated ;ept~mbar 1, 19S~, and recorded in the Suffo~ ~ounty Clerk's Office o~ March ~0, 19~, in Liber 1705 of Deeds at page 5~; and ~ same p~emises Oc~veye{ by DeZ. iah F. Tuthill to Clara E. Tut~ill by deed dated October ~8, 1946, and recorded in the Suffolk ~ounty Olerk% Office on November 12, 194&, in Libe~ ~47 of Deeds at page 85.5. SCHEDULE A (1 of 4) THIS IND~, made the ~ ~ day of ' ~ ~ , nineteen hundred and f ~ f t H~0LD E. GOLDSMIT~ ~nd A~V~ B. G0~DS~T.~, beth resiCing at Southold, ~uff~lk Cowry, Now York, pa~y of the first part, and HERMAN F. MOELLER and DORIS P. MOELLER., his wife, as 'tenants b'y the entirety, both residing at Cutchogue, Suffolk County, New York, party of the second part, WITNESSETH that the party of the first part, in consideration of Ten Dollars paid by the party of the second part, does hereby remise, release and qu tc aim unto thc party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that tract or parcel of meadow or meadowland situate~ lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded northerly by meadow or meadowland believed to be owned by Leander Glovor; northerly, northeasterly and easterly by upland of Clara B. Tuthill; easterly by Little Neck Road; southerly by Eugene's or West Creek; and westerly by West Creek. S~JECT .to any state o'f facts ~u accurate survey may show. TOGETHER with ali r[ghti'titie ~.nd i~.lereit, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER wkh the appurtenances and all the estate and rights of the party Of the first part in and to said prem{ses; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of 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 inaprovement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same/or 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/5teed the da3' and )'ear first above · :. ./ (L.L.) ! ~Harold E. Goldsm~th~ SCHEDULE A 2 of 4) ~l[axle the 2nd d~ of November, ~ne~en H~ndr~ ~nd Fifty- six ~~ ALONZO H. HOWELL, residin~ at Mattituck, Suffolk County, ew York, pe~rt y of the first part, and HERMAN F. MOELLER and DORIS P. MOELLER, his wife, residing at Little Neck Road, Peconic, Suffolk County, New York, pe~rt of the second po~rt, ~i~]~dh theft t~ ~Y of t~ ~rst p~rt, ~ co~er~t~n of tEN .......... lo. 0o )' of ;h; 'a d d~;; oid'a Ol rs valuable considerations pa~ by the par~ of ~ second part, ~ es ~reby ~rani and release ~o t~ part of the second part, and ~si~ forever, ~11 that tract or parcel of land, situate, lying and being on llae westerly side of Little Neck Road, Cutchogue, in the Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: - BEGINNING at a point marked by a concrete monument on the westerly line of Little Neck Road at the southeasterly corner of the premises herein des- cribed; and running thence along lands formerly of Clara Tuthill South 82 degrees 54 minutes 20 seconds West 387. 32 feet to a stake and lands now or formerly of Wilson Tuthill; running thence North 2 degrees 42 minu[es 50 seconds West 368 feet to a point; running thence in a general easterly direction along other lands of the party of the first part 387. 32 feet more onless to.a point, on the_westerly Line of Little Neck Road which point is North 0 degrees 17 minutes 00 seconds East 366 feet from the northeasterly corner of lands of Clara Tuthill; ~unning thence South 0 degrees 17 minutes 00 seconds West 366 feet to the point or place of beginning. SUBJECT to any state of facts an accurate survey may show. TOGETHER with all of the right, title and interest of the party of the first part of, in and to the highway adjoining said premises to the center line thereof. SCHEDULE A (3 of 4) CONSULT YOUR LAWYER BEFORE SIGNIq~ THIS iNSTRUAAENT--THIS INSTRU~AENI EH---- BM USED BY ., /4.1 PLEASE DO nOT PUBLi ,t . ./.: .................. T~ ~D~RE, made ~e 18 t day of JQly , nineteen hundred and Sixty E. WILSON TUTHILL, residing at Cutchogue, Town of Southold, County of 8~folk and State of New York, and BE~ C. ~THILD, life tenent, thefirst ~rt, and HERMAN F. MOELLER and DORIS P. MOELLER, his wife, residing at Little Neck, Pecnnic, Town of Somthold, Suffolk County, New York, party of the second part, WITNES-qETH, that the party of the first part, in consideration of One and 0©/100 j'. .................................................... (*1. O0 ) - ~ dollars, l~wful money of the United States, and other good and vmluable cons lderationsPa~d by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, me ad ow ALL that certain plot, piece or parcel of/~and, ~lrlr. Jlle.~illl:~li~al~clt~ situate, lykug and belng~ at Little Neck, East Cutchogue, Town of Southolfl, Suffolk County, New York, bounded and described as follows:- BEGINNING at the southwesterly corner of land recently conveyed by l~ordham Howell ~ to E. Wilson Tuthtll and at the northwesterly corner of land conveyed by Alonzo Howell to the party of the second part, Liber ~[209, page 160; running along the last described land, South 2° 42' 50" East 368.0 feet to other land of the party of the second part; thence ~loug said other land of the party of the second part, South 82° 54' 20" West 270 feet, more or less,: to the westerly edge of the meadow along Eugene.*s Creek; thence~ northerly along the edge of said meadow 300 feet; thence along other meadowland of the party of the first part, North 71° to the point of beginning. Containing 2.4 acres, 22~ 20" East 370 feet, more or less ~ore O~ less. SCHEDULE A (4 of 4) PLAt.; I SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES HauDoauge. New York APR 1 8 ~ appr~al shall ~ valid only in the ~ent ~id su~ivision/devel. opment plan is duly fil~ with the Coun~ Clerk within 6 months of this date· Con~ is here~ given for the filing of this map on accordance with P~nS~he Pu~c Health ~w and the Suffolk , , , Afdo Andreoli~ P,~, D~t~tor, D v si~ of E~ironmental Quali~ ' .i /~' ."~fP IC.~L J.A¥O UT. T~T NOLE ';I FILE NO.' S-SO- 8R- z4 SUFFOLK CO, PLANNING DEPT SUB, D REVIEW SECTION ~he subdivision o~ this parcel, as prs~dsed; ]has been approved by the SuEfolk County Planning Connission subject to~O conditions deemed neces- k~ --'8 1989 I .l i