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HomeMy WebLinkAbout1000-125.-1-14 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUS Southold, NY 11971 Chair C* Go OFFICE LOCATION: RICHARD CAGGIANO 10 Town Hall Annex WILLIAM J.CREMERS 54375 State Route 25 KENNETH L.EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631765-1938 Fam 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Pete Harris, Superintendent of Highways From: Anthony Trezza Senior Planner Date: November 15, 2004 Re: Road Specifications for McFeely Subdivision You may recall a meeting we had with the SCWA regarding the road construction and maintenance for the above-referenced subdivision. At that meeting, a compromise was reached whereby the applicant would construct a road for dedication to the Town, as it was clear that the SCWA was not going to maintain the road as previously believed. Attached is a copy of the proposed road specifications. The 50' wide right-of-way has an asphalt pavement width of 20'. We would like to meet with you as soon a possible to discuss the specifications to make sure you will accept the offer of dedication when the time comes. This project is high priority so please let me know when you can meet with Mark and 1. Thanks. Afts. THE NOk-pI5TUR5ANCE TO 12" DIAMETER TPJff=S AND EXCEPTIN5 THEREFROM Ml&-KAY LOCATIC�45 AND AREA5 Or ILITIE5 IN5TALLITION OF PLOLIC vr FXIST11,16 FIZAME! I LOT 2 \,�UlLqIN5 TO 10-2-1105.21 sq ft. 236 OJL DE SAr \. . . . . . off -b- R42' PROPOSED 6" FLUSH CLR5,5M TRisuTARY AREA DFTAIL 124,002.16 SG.FT. 0 PROP05ED Fit EX15TIN6,FRAME HYDRANT 51JILVINe TO REMAIN(DRY USFJ 15TIN& (SHED) keLL To 5E EX15TIN&FRAME USE I D FOR NL BUILOIN&TO IRRI&AnoN LOT I Y �AO REMAIN(DRY L)SE) r ot, 12,11255 5q.ft. Ibb PROP05EP 6. KATER MAIN .20 EXISTIN& j EX15TINO . . . . ... SANITARY GONCRETE TO!\ 4 SYSTEM REMAIN ASPHALT FXISTIN5 b7j4-Li.044�q. ft. PROP05ED FLU5H DRIVEHAT TO 154 RECTAN6VLAR CA5 BE RE!f4OVIED XISTINO 2 STORY . . . . . . IN FRAME BUILVIW� . . . . . i SLJRfArE TRATE! To REMAIN 0 JA PIPED TO (SINGLE FAMILY "NITTA Y DEEP LFAL IDENCIE) SY5TBA (rrp.4 PLCSJ I ov- EX15TIN6 FRAME 15UILDIN&To 011 REMAIN VFZY L5FJ EX15TINC,,, )-ELL No �.ELI-5 OR SY OSED I" SANITARY SYS m 150' ST111 A SAN CAJT AND EILEND IN W-H A5PHAL e- -T To MEET 10 ELIZABETH NEVILLE own Hall, 53095 Main Roa TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax(631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765-1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION# 2005-468 Meeting: 08/02/05 07:30 PM Resolution ID: 1034 Department: Land Preservation Category: Sanitary Flow Credits THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-468 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON 08/02/05: WHEREAS, on July 20, 2005, the Town of Southold purchased Fee Title to the parcel known as NOFO Associates or the successors thereto (a/k/a McFeely); and WHEREAS, said property is identified as SCTM#1000-125-1-14 and 5145 Route 25, Mattituck,New York; and WHEREAS, said property is 30.785 acres, as per a survey prepared by Joseph A. Ingegno, Land Surveyor, dated June 26, 20021 and WHEREAS, said property is located within the Low-Density Residential R-80 Zoning District; and WHEREAS, said property is located within the Mattituck-Cutchogue School District; and WHEREAS,the deed recorded as part of the purchase prohibits the use of the property for any residential, commercial or industrial uses and prohibits the use of the property for anything other than open space, except for future use for open space stewardship and interpretive center/quarters; and WHEREAS, as per Section 87-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code,the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior-t,o the-Town Bqa—rTpublic hearing on the purchase; and n rUO5 Updated: 7/29/2005 10:08 AM Page 1 0 WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel following the closing on the parcel; and WHEREAS, 22.4 sanitary flow credits are available from the parcel. However, I sanitary flow credit will be retained on the property for the stewardship and interpretive center/quarters. Therefore, 21.4 (twenty-one and four tenths) Sanitary Flow Credits are available to be placed into the Town TDR Bank as a result of this purchase;be it therefore RESOLVED that the Town Board of the Town of Southold hereby places 21.4 (twenty-one and four tenths) sanitary flow credits into the Town TDR Bank from the Town's fee title purchase of the property owned by NOFO Associates or the successors thereto (a/k/a McFeely ; and,be it FURTHER RESOLVED that the Town Clerk shall enter this transfer of 21.4 (twenty-one and four tenths) sanitary flow credits into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. 0�4w.nwa& Elizabeth A.Neville Southold Town Clerk Page 2 5�(eV- LAW OFFICES PE7ER S. DANOWSKI, JR. 616 ROANOKE AVENUE RO.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 -------- JOHN P.TAGGART,ESQ. May 3, 2005 Melissa Spiro, Coordinator, Town of Southold Land Preservation Committee Patricia Finnegan, Southold Town Attorney Mark Terry, Senior Environmental Planner, Town of Southold Planning Board Southold Town Hall PO Box 1179 SoutholdNY 11971 RE: CONTRACT OF SALE DATED JULY 21, 2003 BETWEEN NOFO ASSOCIATES,INC., "SELLER" TOWN OF SOUTHOLD "PURCHASER" Dear Sirs and Madam: With reference to the above and pursuant to paragraphs 15 and 31 of the rider to the contract between NOFO Associates as seller, and the Town of Southold as purchaser, dated July 21, 2003, NOFO Associates does hereby cancel its contract, the proposed subdivision not having been finally approved and filed with the County Clerk. Very truly yours, 0-46— PETER S. DANOWSKI, JR. PSD/bp C: John McFeely John P. Mahon, Esq. LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. March 10, 2005 Attn: Mark Terry Southold Town Planning Board Main Road Southold NY 11971 RE: PROPOSED MAJOR SUBDIVISION JOHN MCFEELY SCTM: 1000-125-1-14 ZONE R-80 Dear Mark: Enclosed please find a revised Declaration and Covenant with a copy of the driveway & drainage plan for the McFeely prop��y with last revision date 2/l/05. vtl J')� Very truly yours, PETER S. DANOWSKI, JR. PSD/bp encls. SUFFOLK COUNTY WATER AUTHORITY Central Regional Office 2045 Route 112 Suite I Coram, NY 11727 Plfone 631- 698-9500 Fax 631-698-9852 FAX TRANSMISSION COVER SHEET DATE: TO. 7bcA-r \)— FROM: ��JreLk-ce� A"Ierz�,() Aj RE: ��kklLc L) ka� I GQ YOU SHOULD RECEIVE PAGES INCLUDING THIS COVER SHEET, IF YOU DO NOT RECEIVE ALL PAGES,PLEASE CALL 631-563-567,C- SUFFOLK COUNTY WATER AUTHORITY 2045 Rcute 112,Suite 1,Coram, Now York 11727-3085 (631)698-95DO FAX(631)69B-9851 March 21, 2005 Peter S. Danowski,Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead,NY 11901 Rc: Contract of We Between Nofo Associates and SCWA SC7M#1000-125-1-14 Dear Mr. Danowski: We are in receipt of your letter dated March 10,2005 terminating the above referenced contract of sale. This action renders the Letter of Water Availability issued for this project on June 28, 2004 null and void and of no further force or effect As per paragraph 12 of the rider to the contract,the Letter was to be issued at the closing SCWA issued the Letter prior to the closing to facilitate your clients subdivision application. Your clients' termination of the contract also terminated the Letter of Water Availability. If your clients wish to obtain public water for the parcel please have the Town of Southold amend its water supply map demonstrating that SCWA may serve the parcel. By copy of this letter, the Suffolk County Department of Health and the Town of Southold are being informed of this development. Very truly yours, Lawrence E. Anderson Assistant Manager LEA:as cc: Craig Knepper, SCDHS Mark Terry,Town of Southold fer MarlW �Kjcviter, jarnie inage ad and Dra ,,�ia i ,,,nage _VvlanV 's Mr,jeelY ewe6 ASAP TrIanys 'To: ds to be re," Sublect: w McfeelY Road and ,,,riage Plan nee just a reminder that a ne �cl ON,( ov -� �k: L� JLAA 0 Terry, Mark To: Finnegan, Patricia; Scopaz, Valerie; Spiro, Melissa Subject: Mcfeely Update 3/16/05 1 just spoke to Craig Knepper of the SCDOH re the status of approval. Approval was not issued yet, new maps were just recieved. They are also awaiting a Covenant to be filed re public water connection. 0 0 MAILING ADDRESS: PLANNING BOARD MEMBERS r3f $0 P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON COU Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNWG BOARI) OFFICE TOWN OF SOUTHOLD PRIORITY MEMORANDUM To: Jamie Richter, Office of the Town Engineer From: Mark Terry, Senior Environmental Planner Date: March 11, 2005 Re: Conservation Subdivision of John Mcfeel SCTM #: 1000-125-1-14 Enclosed please find one copy of the revised proposed road and drainage for the above-referenced subdivision. Please review the plan and submit your comments and/or recommendations to this office. Note that page two references a 25' right-of-way. I left a message with Jeff Butler indicating such. If you have any questions, call. LAW OFFICES PE-rER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD, NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. March 10, 2005 John Milazzo, Esq. C/O Suffolk County Water Authority 4060 Sunrise Hwy. Oakdale, NyY 11769-0901 RE: CONTRACT OF SALE DATED JULY 2, 2003 BETWEEN NOFO ASSOCIASTS, INC., "SELLER" AND SUFFOLK COUNTY WATER AUTHORITY, "PURCHASER" Dear Mr. Milazzo: With reference to theabove and pursuant to paragraph 8 of the rider to the contract between NOFO Associates as seller and Suffolk County Water Authorityas purchaser clated July 2 1, 2003, NOFO Associates, Inc., does hereby elect to terminate its contract, the proposed SUbdivision not having been approved and filed with the Counly Clerk. very truly Yours, PETER S. DANOWSKE JIU�� PSD/bp C: John McFeely Mcliss,a Spiro, Coordinatoijown of Southold Land Preservation Committe Bob Zaher, Land Manaaement specialist, SUffOlk COUnty Dept. of Real Estate James BUrke, Assistant Division Director, SUffolk COUnty Dept. of Real Estate Patricia Zielenski, Dii ector of the Division ofReal Estate, Suffolk COUnty SOUthold Town Attorney, John P. Mahon, Esq. N/laik Terry, Senioi Environmental Planner, Town ofSouthold Planning Board LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. March 10, 2005 Attn: Mark Terry Southold Town Planning Board Main Road Southold NY 11971 RE: PROPOSED MAJOR SUBDIVISION JOHN MCFEELY SCTM: 1000-125-1-14 ZONE R-80 Dear Mark: Enclosed please find a revised Declaration and Covenant with a copy of the driveway & drainage plan for the McFeely property with last revision date 2/1/05. Very truly yours, &L' PETER S. DANOWSKI, JR. PSD/bp encls. 0 DECLARATION AND COVENANT THIS DECLARATION made the -day of March, 2005, by NOFO ASSOCIATES, a New York partnership, having a principal place of business at 5900 Peconic Bay Blvd. Laurel, New York , hereinafter referred to as the Declarant. WITNESSETH : WHEREAS, Declarant is the owner of certain real property situate in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in SCHEDULE "A" annexed hereto, as provided by Declarant; and WHEREAS, for and in consideration of the granting of a subdivision map approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold, and the owner and prospective owners of said parcel, that the within covenant and restriction be imposed on said parcel, and as a condition of granting said subdivision map approval the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office simultaneously with the filing of the subdivision map; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel. NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the following covenants which shall run with the land, and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. The Suffolk County Water Authority will construct the road improvements (including specified fire hydrants) as approved by the Planning Board within six (6) months of the date of the granting of final approval by the Planning Board. 2. A 40' wide undisturbed natural buffer, shall be forever kept open and free of all buildings and other structures. This 40 foot natural buffer is located on Lots I through 4. No structures, permanent or temporary are permitted within the buffer area. Vegetation within this area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees or trees that are hazardous to life or property. 3. A 10' non-disturbance area in lieu of street trees, limiting the non-disturbance to 12" diameter trees and excepting therefrom driveway locations and areas for installation of public utilities and drainage facilities. This 10 foot undisturbed buffer runs along the eastern property line of Lots I and 2 and the western property line of Lots 3 and 4. No tree equal to or greater than 12 inches in diameter shall be removed excepting those that are necessary to construct driveways, utilities or drainage facilities. Vegetation within this area shall remain undisturbed and in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees or trees that are hazardous to life or property. 4. All existing curb-cuts, except the 50 foot right of way proposed on State Route 25 will be abandoned and the access to and from lots I and 4 to State Road 25 from any area other than the 50 foot right-of-way is prohibited. 5. The Declarant retains the right to the exclusive use of the said premises insofar as such use is not inconsistent with the covenant and restriction hereinabove set forth, and the Declarant may exclude the general public or any person or persons from the use of said premises except that the Town of Southold shall have the right to inspect the said premises for the purpose of assuring itself that the covenant and restriction is not being violated, such inspection to be at reasonable times and by mutual arrangement, if possible. 6. Prior to any construction activity, the project will require a general permit for Storm- water Runoff from Construction Activity (GP-02-0 1) administered by the New York State Department of Environmental Conservation (DEC) under the Phase 11 State Pollutant Discharge Elimination System (SPEDS) program. 7. Storm-water resulting from the development and improvement of the subdivision or any of its lots shall be retained on each lot. No storm-water shall be discharged to public lands. 8. No cluster open space exists from the creation ol'Lots I through 4. The Clustered areas of Lot 1, equal to and Lot 4, equal to , are incorporated within and a part of Lot 2, equal to sq. ft, and Lot 3 equal to sq. ft. Declarant has hereunto set his hand and seal the day and year above first written. NOFO ASSOCIATES BY: JOHN MCFEELY STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss.: On the day of in the year 2005, before me, the undersigned, personally appeared JOHN MCFEELY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public MAILING ADDRESS: PLANNING BOARD MEMBER q so P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS CA Town Hall Annex KENNETH L. EDWARDS 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMON U0, Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 7, 2004 Via Facsimile Peter Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead,New York 11901 Re: Proposed Major Subdivision of John McFeely Located n/o NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: R-80 Dear Mr. Danowski: The Planning Board has reviewed the draft Covenant and Restriction submitted on February 11, 2005. The following amendments will be required: I. Page 1, Paragraph 3, Line 3; replace "Riverhead" with"Southold" 2. Page 1, Please provide SCHEDULE A. In addition, the Covenant and Restrictions should apply to the entire developed area presumable to be described in SCHEDULE A. This document references the"undisturbed natural buffer or non-disturbance area". 3. Add a clause stating that Suffolk County Water Authority will construct the road V111 improvements (including specified fire hydrants) as approved by the Planning Board within 6 months of the date of the granting of final approval by the Planning Board. 4. Clause 1. Describe the location of the 40 foot natural buffer in more detail. For example; A 40 foot natural buffer is located on Lots I through 4. No structures, permanent or temporary are permitted within the buffer area. Vegetation within this area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees or trees that are hazardous to life or property. 5. Clause 2. Describe the location of the 10 foot buffer in more detail. For example: A 10 foot undisturbed buffer runs along the eastern property line of Lots I and 2 and the western property line of Lots 3 and 4. Also please define permitted and non-pen-nitted activities in the 10 foot area. For example: No tree equal to or greater than 12 inches in diameter shall be removed excepting those that are necessary to construct driveways, utilities or drainage facilities. Vegetation within this area shall remain undisturbed and in its natural state into perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees or trees that are hazardous to life or property. 6. Clause 3. Replace the language "25 foot right of way" with "50 foot right of way" as VII, indicated in the Jamie Richter's letter dated December 22, 2004. 7. To satisfy the SPEDS requirement, add the clause "Prior to any construction activity, the project will require a general permit for Storm-water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Conservation (DEC) under the Phase 11 State Pollutant Discharge Elimination System (SPEDS) program." 8. Add the clause, "Storm-water resulting from the development and improvement of the subdivision-or any of its lots shall be retained on each lot. No storm-water shall be discharged to public lands." 9. Add the clause, "No cluster open space exists from the creation of Lots I through 4. The clustered areas of Lot 1, equal to XXXXX and Lot 4, equal to XXXXX are incorporated within and apart of Lot 2, equal to XXXXX sq. ft. and Lot 3 equal to XXXXX sq. ft." Pete, I could not reach you or Jeff Butler, therefore, I do not have the latest map with the 50' ROW, so blanks were left to calculate. The Planning Board is in need of the final map with Department of Health approval to set the final public hearing. Please submit the changes as soon as possible together with a Department of Health at your earliest convenience. Please contact this office with any questions. Sincerely, ark ,:2err-y T S Senjo T eniorEnviro mal I er cc: Kieran Corcoran, Assistant Town Attorney Valerie Scopaz, Town Planner Director Melissa Spiro, Office of Land Preservation 0 0 MAILING ADDRESS: PLANNIING BOARD MEMBERS so P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS 0* Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 MARTIN H. SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D. SOLOMON COW% Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memormd= To: Kieran Corcoran , Assistant Town Attorney From: Mark Terry, Senior Environmental Planner Date: 3/4/05 Re: McFeely Proposed Covenant and Restrictions Please review and comment on the attached Draft Covenant and Restrictions submitted by the applicant and the Planning Board's response. LAW OFFICES Arj PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. -A February 11, 200 Southold Town Planning Board P.O. Box 1179 Southold, NY 11971-0950 Re: Subdivision for John McFef SCTM# 1000 - 125 - 01 - 14 Dear Sir or Madam: In connection with the above and pursuant to the conditions as listed in the Planning Board Resolution dated August 9, 2004, enclosed please find a draft Covenant and Restriction for your review. Kindly advise if acceptable to your Board. If acceptable, we will arrange to have it executed by my client.,- Thank-you. Ve t y Y, urs, y u; PELS. DA 0 KI, J PS Enc*9 - C: John McFeely DECLARATION AND COYENANT THIS DECLARATION made the- day of January, 2005, by NOFO ASSOCIATES, a New York partnership, having a principal place of business at 5900 Peconic Bay Blvd. Laurel, New York , hereinafter referred to as the Declarant. WITNESSETH : WHEREAS, Declarant is the owner of certain real property situate in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in SCHEDULE "A" annexed hereto, as provided by Declarant; and WHEREAS, for and in consideration of, granting of a subdivision map approval, the Planning Board of the Town of S 40"k JMI�Meemed it to be in the best interests of the Town of -Rivo4wad; and the owner and prospective owners of said parcel, that the within covenant and restriction be imposed on said parcel, and as a condition of granting said subdivision map approval the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office simultaneously with the filing of the subdivision map; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel. NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that a portion of said premises identified as "undisturbed natural buffer" and "non-disturbaDce area" on the subdivision map prepared by Joseph A. Ingegno, last dated December 4, 2004, shall hereafter be subject to the following covenants which shall run with the land, and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. A 40' wide undisturbed natural buffer, which will be forever kept open and free of all buildings and other structures. 2. A 10' non-disturbance area in lieu of street trees, limiting the non-disturbance to 12" diameter trees and excepting therefrom driveway locations and areas for installation of public utilities and drainage facilities. �A4,\,,V 3. All existing curb-cuts, except the 25 foot right of way proposed on State Route 25 will be abandoned and the access to and from lots I and 4 to State Road 25 from any area other than the 25 foot right-of-way is prohibited. 4. The Declarant retains the right to tl-;,-- exclusive use of the said premises insofar as such use is not inconsistent with the covenant an4 restriction hereinabove set forth, and the Declarant may exclude the general public or any person or persons from the use of said premises except that the Town of Southold shall have the right to inspect the said premises for the purpose of assuring itself that the covenant and restriction is not being violated, such inspection to be at reasonable times and by mutual arrangement, if possible. Declarant has hereunto set his hand and seal the day and year above first written. NOFO ASSOCIATEI 17 BY: MHN MCFEELY STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the day of in the year 2005, before me, the undersigned, personally appeared JO CFEELY, personally known to me or proved to me, on the basis of satisf elv, actmy evilerM &the individual whose name is subscribed to the within instrument and acki 0' e executed the. same in his capacity, and that by his signature on the ins 'no i or the person upon behalf of which the individual acted, executed the instrument. Notary Public MAILING ADDRESS: PLANNING BOARD MEMBERS r3f S 0 P.O. Box 1179 Southold, NY 11971 JERILYN B.WOODHOUSE Chair OFFICE LOCATION: WILLIAM J.CREMERS co Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON U Southold, NY Telephone: 631765-1938 Fax: 631765-31 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 3, 2004 Peter Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead,New York 11901 Re: Proposed Major Subdivision of John McFeely Located n/o NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: R-80 Dear Mr. Danowski: The Planning Board has reviewed the draft Covenant and Restriction submitted on February 11, 2005. The following amendments will be required: Page 1,Paragraph 3, Line 3; replace "Riverhead"with "Southold" a. Add a clause stating that Suffolk County Water Authority will construct the road improvements as approved by the Planning Board within 6 months of the date of the granting of final approval by the Planning Board. b. Clause 1. Describe the location of the 40 foot natural buffer in more detail. For example; A 40 foot natural buffer is located on Lotsl through 4. No structures, permanent or temporary are permitted within the buffer area. Vegetation within this area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees or trees that are hazardous to life or property. ,, c. Clause 2. Describe the location of the 10 foot buffer in more detail. For example: A 10 foot undisturbed buffer runs along the eastern property line of Lots I and 2 and the western property line of Lots 3 and 4 Also please define permitted and non-permitted activities in the 10 foot area. For example: No tree equal to or greater than 12 inches in diameter shall be removed excepting those that are necessary to construct driveways, utilities or drainage facilities. Vegetation within this area shall remain undisturbed and in its natural state into perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees or trees that are hazardous to life or property. d. Clause 3. Replace the language "25 foot right of way" with "50 foot right of way" as indicated in the Jamie Richter's letter dated December 22, 2004. e. To satisfy the SPEDS requirement, add the clause "Prior to any construction activity, the project will require a general permit for Stor-m-water Runoff from Construction Activity(GP-02-01) administered by the New York State Department of Environmental Conservation(DEC) under the Phase 11 State Pollutant Discharge Elimination System (SPEDS) program." f. Add the clause, "Stormwater resulting from the development and improvement of the subdivision or any of its lots shall be retained on each lot. No stormwater shall be discharged to public lands." g. Add the clause, "No cluster open space exists from the creation of Lots I through 4. The clustered areas of Lot 1, equal to XY ,XXXX and Lot 4, equal to xxx�����ithin and apart of L 2, equal to 100,810 sq. ft. and me Lot 3 equa to 91,107 sq. ft.' Please contact this office with any questions. Sincerely, Mark Terry Senior Environmental Planner cc: Melissa Spiro, Office of Land Preservation Terry, Mark To: Scopaz, Valerie; Spiro, Melissa Subject: Mcfeely Road Build 3/3/05 Josh Horton, Jamie Richter, Jim McMahon and I met to discuss the road build out. All agreed that the best resolution is that the road must be constructed by the SCWA within 6 months of final approval. The PB will require a covenant stating such. Josh also suspects no problem with the TB accepting the road upon Pete Harris's and Jamie Richter's recommendation. Terry, Mark From: Richter, Jamie Sent: Thursday, February 17, 2005 11:51 AM To: Terry, Mark Subject: RE: Mcfeely Road Construction Mark: First, the second option is not considered feasible. The Town Highway Department is, as per Mr. Harris, understaffed and not available for this type of work. If the SCWA is willing to pay for this work, rather than doing it themselves, have their office contract the work out. I also do not have the time to go through the bidding process necessary for the Town to construct the roads by using an independent contractor. Second, the idea of constructing the road after the homes have been built is not the current practice within the Town. If they propose to take six months to build the road, so be it. When and after the road is completed, the building department will issue permits. If they wish to build before the road is complete, a bond should be provided to cover the cost of construction before permits are approved. Please let me know if I have answered your question. Jamie. -----Odginal Message----- From: Terry, Mark Sent: Thursday, February 17, 2005 10:25 AM To: Harris, Peter; Richter,Jamie; Scopaz,Valerie; Spiro,Melissa Subject: Mcfeely Road Construction I spoke to John Milazzo of the SCWA regarding timing of construction of the road. He offered two proposals. The first would require that the SCWA build the road within 6 months of final approval or following home construction. The second would involve the issuance of a check to the town for the cost of building the road and have the highway department build the road. He mentioned that the second method is how the SCWA has handled this agreement with other towns. I need to now which is the accepatbel method. Terry, Mark To: Harris, Peter; Richter, Jamie; Scopaz, Valerie; Spiro, Melissa Subject: Mcfeely Road Construction I spoke to John Milazzo of the SCWA regarding timing of construction of the road. He offered two proposals. The first would require that the SCWA build the road within 6 months of final approval or following home construction. The second would involve the issuance of a check to the town for the cost of building the road and have the highway department build the road. He mentioned that the second method is how the SCWA has handled this agreement with other towns. I need to now which is the accepatbel method. \-J/A NIAELING ADDRESS: VT,ANTNTTV(1 PC�,A PTI ,O� P.O, Po� 1179 JERILYN B.WOODHOUSE z Southold,NY 1197 1 C2 Chair go OFFICE LOCATION: 0-0 ap Town Hall Annex WILLIAM J.CREMERS 54375 State Route 25 KENNETH L.EDWARDS 411 (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. SOLOMON Telephone: 631765-1938 Fax: 631765-31343 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 15, 2005 Peter Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 Re: Proposed Subdivision of John McFeely Located n/o NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: A-C Dear Mr. Danowski: The SouthoWTown Planning Board, at,,& meeting held on Monday, February 14, 2005, adopted the followin%resolutions: /7 WHEREAS, this proposed major subdivision is for6 lots on a 30.785-acre parcel where Lot 1 equals 1.67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres; the Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open space purposes; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter All 06—Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Conservation Subdivision; and be it further RESOLVED, that the Park and Playground Fee has been reduced to $3,500.00 per vacant residential lot, therefore, the required amount due has been reduced to $10,500.00. Please contact this office with any questions. Very truly yours, Yerileyn B. Woodhouse Chairperson cc: Melissa Spiro, Office of Land Preservation LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RO.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN R TAGGART, ESQ. February 11, 2005 Southold Town Planning Board P.O. Box 1179 Southold, NY 11971-0950 Re: Subdivision for John McFeely SCTM# 1000 - 125 - 01 - 14 Dear Sir or Madam: in connection with the above and pursuant to the conditions as listed in the Planning Board Resolution dated August 9, 2004, enclosed please find a draft Covenant and Restriction for your review. Kindly advise if acceptable to your Board. If acceptable, we will arrange to have it executed by my client. Thank you. V urs, PEzeS. DA 0 KI, J . PSr Enc so, C: John McFeely 02/113/1,005 14:50 16317277451 PETERSDAN PAGE 02/02 DEMARATTON AND COVENANT THIS DECLARATION made the_day of January,2005,by NOP0 ASSOCIATES, a New York partnership, having a principal place of business at 5900 Peconic Bay Blvd. Laurel,New York,hereinafteT referred to as the Declarant- WITNESSETH: WHEREAS,DeclaTant is the owner of certain real propertys ituate in the Town of Southold, Suffolk County,Now York,more particularly bounded and described as set forth in SCHEDULE "A"annexed hereto, as provided by Declarant; and WHEREAS, for and in consideration of the granting of a subdivNion map approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold, and the owner and prospective owners of said parcel,that the within covenant and restriction be imposed on said parcel,and as a condition of granting said subdivision map approval the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Officesimultaneously with the filing of the subdivision map; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel. NOW,THERM)RE,TH][S DECLARANT WITNESSETH: That Declarant,for the purpose of carrying out the intentions above expressed,does hereby make known, admit,publish,covenant and agree that a portion of said premises identified as"undisturbed natural buffer" and"non-disturbance area"an the subdivision map prepared by Joseph A. Ingegno,last dated December 4, 2004, shall hereafter be;;ubject to the following covenants which shall run with the land, and shall be binding upon all purchasers and holders of said premises,their heirs.executors, legal representatives,distributees, successors and assigns,to wit: 9 0 1. A 40' wide undisturbed natural buffer, which will be forever kept open and free of all buildings and other structures. 2. A 10' non-disturbance area in lieu of street trees, limiting the non-disturbance to 12" diameter trees and excepting therefrom driveway locations and areas for installation of public utilities and drainage facilities. 3. All existing curb-cuts, except the 25 foot right of way proposed on State Route 25 will be abandoned and the access to and from lots I and 4 to State Road 25 from any area other than the 25 foot right-of-way is prohibited. 4. The Declarant retains the right to the exclusive use of the said premises insofar as such use is not inconsistent with the covenant and restriction hereinabove set forth, and the Declarant may exclude the general public or any person or persons from the use of said premises except that the Town of Southold shall have the right to inspect the said premises for the purpose of assuring itself that the covenant and restriction is not being violated, such inspection to be at reasonable times and by mutual arrangement, if possible. Declarant has hereunto set his hand and seal the day and year above first written. NOFO ASSOCIAW r A BY: MHN MCFEELY STATE OF NEW YORK ) COUNTY OF SUFFOLK)ss.: On the day of in the year 2005, before me, the undersigned, personally appeared JO .WVACFEELY, personally known to me or proved to me on the basis of satisfactory evijLe� b&the individual whose name is subscribed to the within instrument and acki at he executed the same in his capacity, and that by his signature on the ins In i dividual or the person upon behalf of which the individual acted, executed the instrument. Notary Public MAIIING ADDRESS: PLANNING BOARD MIEM13ERS P.O.Box 1179 JERILYN B.WOODHOUSE =2 Southold, NY 11971 Chair 0 OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex X% 54375 State Route 25 KENNETH L.EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY GEORGE D. SOLOMON Telephone: 631 765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via Facsimile January 31, 200.:� 6J Peter Danowski, Jr., Esq. r, 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 Re: Proposed Major Subdivision of John McFeely Located n/o NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: R-80 Dear Mr. Danowski: I have spoken with Craig Kneop'er of the Suffolk County Department of Health (SCDOH) regarding the application and he stated that SCDOH approval is near. In the interest of moving this to completion, I would like to re-state the requested map edits for the final plat dated as last revised June 22, 2004: 1. Please amend the plat title to read "Final Cluster Conservation Subdivision Plan of John McFeely". 2. Please label Lot 5 "Town of Southold Open Space" and Lot 6 "County of Suffolk Open Space". 3. As discussed please amend the lot lines of all lots to exclude the 10' buffer area which is apart of and within the 50' right-of-way to de dedicated to the Town of Southold. 4. Amend the final plat to show the new right-of-way configuration as shown on the amended Road and Drainage plan. 5. Have the surveyor list the acreages of the right-of-ways and wetlands upon the final map. 6. Please produce legal descriptions for all easements and right-of ways. The following edits must be made to the Road and Drainage Plan: 0 7. The map shows a dashed line on the eastern border of the 50' right-of-way. All line work demarking the right-of way boundary must be solid representing a separation from the lots. 8. The agreed upon road specifications included a 20' paved surface to Town specifications with a header curb. Please show a cross section of the proposed road with header curbing. 9. The cul-de-sac as shown proposes a 44' radius. Jamie Richter, of the Office of the Town Engineer, recommends a 44' radius to header curb with a 50' ROW radius, please amend the map accordingly. In addition, the tree island in the cul- de-sac has been omitted by the Highway Department. The map dated June 22, 2004 states that the intent of the 10' non-disturbance buffer is to retain trees 12" in diameter excepting those located in driveway locations and public utilities. To minimize impact, public utilities shall be placed in the roadbed shoulder. This should address Jamie Richter's question regarding the intent of the non- disturbance buffer. It is the Planning Board's understanding that the area resulting from the clustering of Lots 1 and Lot 4 is equal to 20,737.98 square feet and that this area is incorporated and apart of the oversized Lots 2 and 3. Consequently, the project has no "clustered open space" located within the open space areas. However, the square footage of the lots will change as a i-esult of the 50' right-of-way design and the areas must be recalculated. It is also the Planning Board's understanding that the road will be built by the Suffolk County Water Authority upon the approval of the subdivision as outlined in the January 28, 2003 letter from Steve Jones and pursuant to contractual obligation. Although discussed in the past, no time frame for the completion of the road has been agreed upon nor will be required. As you mentioned during our January 26, 2005 telephone conversation, the draft Covenant and Restrictions will be submitted for review in the near future. The New York State Department of Environmental Conservation is now requiring a General Permit for Storm Water Runoff from Construction Activity. Please insert the following clause in the covenant and restrictions "Prior to any construction activity, the project will require a General Permit for Storm-water Runoff from the Construction Activity (GP-02- 01) administered by the New York State Department of Environmental Protection (DEC) under the Phase I I State Pollutant Discharge Elimination System (SPEDS) Program". If you have any questions regarding the permit, please call 518-402-8265. In addition, the outstanding conditions of conditional final approval include and must also be submitted: 1. The Administrative Fee in the amount of$6,747.00 approved by the Planning Board on April 13, 2004. 1 2. The Park and Playground Fee in the amount of$10,500.00. Note, the fee has been reduced from $5000.00 to $3500.00 per unimproved lot. 3. The Highway Work Permit from the State of New York Department of Transportation. If, upon approval of the Planning Board, the covenant and restrictions are filed with the County and the conditions of the conditional final approval and the above materials as outlined are submitted to this office by March 10, 1 will recommend final approval. Please contact this office with any questions. Sincerely, 7 Mark ;Senjo cc: Melissa Spiro, Office of Land Preservation Terry, Mark From: Terry, Mark Sent: Wednesday, January 26, 2005 3:12 PM To: Richter, Jamie; Scopaz, Valerie; Spiro, Melissa Subject: Mcfeely Subdivision I just had two conversations with Pete Danowski (agent)of the McFeely subdivision just south of Laurel Lake. This is a conservation subdivision that has several issues that need prompt attention. On December 22, 2004, Jamie Richter submitted a report that referencing a road specification meeting that was held in LP office in last October. The agreed upon road specifications were a 50' row with a 20' paved surface and cul de sac with tree island at terminus to hinder road end parking. The tree island is to be omitted upon Pete Haris's request. The problem is that the road and drainage plans were not drawn to reflect the agreed upon specifications. During the first conservation Pete was adamant that the map will not be changed because it would require all new sets to be submitted to the SCDOH. In addition legal descriptions would have to be amended. Jamie also mentioned that road drainage rings are located in the IO'nondisturbed buffer that was proposed in lieu of street trees to preserve existing trees (which is important to the applicant per Pete Danowski). This buffer was transferred to the road and drainage plan. I agree this may present a problem and recommend that the buffer be amended to specific language i.e. "existing trees to remain". I discussed this with Pete. During the first and second phone call; Pete spoke to Craig Knepper of the SCDOH. They will require some map changes, therefore, Pete's position has changed. He will prepare a concept plan with Jamie's comments and then will call us for a meeting to discuss. Terry, Mark To: Spiro, Melissa; Trezza, Anthony Subject: Mcfeely Update I just spoke to Craig Knepper of the DOH. They have not recieved approval...3 relatively minor items need to be submitted. Craig said they were close! eel ry,ck, —J Y" �b'JA ff��Vll q�� k-V L J -03-2005 MON 11 :51 AM SCWA AN FAX NO. 631563037 P. 01 OLK COUNTY WATER AUTHORITY Timothy J. Hopkins Administrative MceS'4060 SundSe Highway,Oakdale, NY 11769-0901 General Counsel (631)563-0236 Fax(631)563�0370 lfa-t� FACSIMILE TRANSMISSION ............ ..................................... ............................................................... ......... -------------- Addressee(s) Company FacsimileNumber --------------------------- .......... ---------- .......... .................................... ----------- �.Q............ ...... .......... -----of.... ............ ...................... ende Company i Phone Number r -- ----*11-111111111111-11.......... .............................. Facsimile Numbe -------------- .................. John C. Mlazzo SCWA (631) 563-0308 (631) 563-0370 ----------------------------- ..............................: ------------- ........................ ....................................... Date, Re: Number of Pages: � (including cover) ——-------------------------- Comments: L) Privilege and Confidentiality Notice The information and material contained in this fmindle message are intended Only for the use of the addressee and may bc a privileged and confidential attorney communication. Persons responsible for delivering this communication to the intended recipient am instructed not to disclose,copy or distribute this Communication and are not authodwd to take any action with respect to it other than 10 assure its pmper delivery to the person to whom it is addressed, If you have received this communication in orror,please notify the sender by telephone to arange f0i its proper return Thank you, JAN-03-2005 MON 11 :52 AM SOWA FAX NO. 6315630370 P. 02 SUFFOLK COUNTY WATER AUTHORITY I imothy J. Hopkins Administrative Offices:4060 Sunrise Highway,Oakdale,NY 11 76S-0901 General Counsel (631)663-0236 December 27, 2004 Fax(631) 563-0370 Peter S. Danowski, Jr., Esq, P.O. Box 779 Riverhead,NY 11901 Re: Conservation Subdivision of Nofo Associates and John McFeely Dear Mr. Danowski: The Suffolk County Water Authority has re-examined the provision of public water to the above referenced subdivision and offiers an alternative method for supplying water to it based on the following- The SCWA water main nearest to the parcel is located 534 feet east of the southeastern corner of the parcel as measured from its intersection with Main Road and property owned by the Long Wand Rail Road. The distance along Main Road between that comer of the property and the west side of the road proposed to serve the subdivision is 550 feet. SCWA estimates that 376 feet of water main would be installed within the proposed road to serve the four building lots, Under SCWA policy, the cost per foot of extending a water main to a residential subdivision is fixed. The cost is either $45.00 per foot, if restoration is required, that is if the main is placed within an existing improved road right of way, or$33.00 per foot, if the main is installed in a proposed road bed before the road is constructed. Based an the foregoing, the cost of extending water main for the subdivision would be $61,188.00 determined as follows, 1,084 feet of water main on Main Road at $45.00 per foot- $48,780,00 376 feet of main within the proposed road at $33,00 per foot - $12,408.00 The water main would be installed under the terms of a SCWA Construction Contract, If you have any questions in this matter, please give me a call at 631-563-0308. Very truly yours, /Jooh�n C17mil Attorney POW 5r�. �SEEN= MV ME!!MUM EMMIMMMAPMU wall mfflvmlw�� mmmmw��, nmvgw=,��- OSMM, rXIVIMITO-k 6YAW am 7i 2 OWIMINIVIr.EMMA�YmXlky L C T mosmommommoomm 1P offkjte M JOSHUA Y. HORTON JAMES A. RICHTER, R.�: SUPERVISOR ENGINEER TOWN HALL - 53095 MAEN ROAD TOWN OF SOUTHOLD,NEWYORK 11971 F�. (516)-765-1366 4, Tel.(516)-765-1560 OFFICE OF TBE ENGINEER TOWN OF SOUTHOLD Jerilyn B. Woodhouse December 22, 2004 Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: McFEELEY Subdivision State Route 25, Mattituck, NY SCTM#: 1000-125-01-14 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the amended site plan for the above referenced project. This site plan has a revision date of 10/21/04 and has been prepared by the office of Joseph A. Ingegno, L.S. and Jeffrey T. Butler P.E. As you know, a meeting was held at the office of Land Preservation to discuss the minimum requirements necessary for dedication to the Town of Southold. This site plan has been revised in accordance with the minimum requirements specified by the Town Highway Superintendent at that meeting. Please note that the Road Right of Way is required to be 50' Wide. This width has been indicated on the map but it appears to be referenced as a buffer area. This buffer area should be incorporated into the Right of Way to allow for routine maintenance of drainage structures and snow plowing of the roadway. I have also reviewed this matterwith Jeff Butler. He has indicated that this clarification and modification to the site plan will be made to the drawing and that meets and bounds descriptions of the roadway, including the Cull-De-Sac, will be generated for dedication purposes. The drainage design, as proposed, meets the minimum requirements of Town Code and is considered satisfactory. Mr. Butlerwill also be adding a road cross section to the site plan drawing to indicate the proposed road construction items that were agreed to my Mr. Harris at the above referenced meeting. If you have any questions regarding this matter, please contact my office. rely, ames A. Rich er, R.A. cc: Peter Harris, Superintendent of Highways Melissa Spiro, Land Preservation Coordinator L 0' LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART, ESQ. November 16, 2004 Vito Minei Suffolk County Dept. of Health Services Steve Jones Suffolk County Water Authority Thomas Isles Suffolk County Dept. of Planning Re: Property Owned by Nofo Associates (John McFeely) 7 Site: Laurel Lakes, Town of Southold SCTM#100 - 125 - 01 - 014 H.D. Ref. No.: SIO-02-0018 Gentlemen: It is taking far too long to gain the approval of the subdivision in order to set up a closing with the Water Authority, the Suffolk County Department of Real Estate and the Town of Southold. The latest interplay between the Water Authority and the Health Department is mind boggling at best. The Health Department required not only a public water availability letter, but a distance and cost letter that I understand is a boiler plate form letter routinely provided by the Water Authority to the Health Department. Mr. Craig Knepper, the review person at the Health Department, was nice enough to place a phone call to my office yesterday. He indicated that the last letter provided*the Health department would not suffice, and he merely asked that the Water Authority supply their normal letter. It should be pointed out that my client was under the impression that his only expenses with regard to public water supply would be the normal tap fees required for connection to any residential home. �� 12 4 1, - C '0 Vito Minei, et al. Page 2 November 16, 2004 In any case, it appears the Health Department will not approve the map with the documents as supplied by the Water Authority. I forward this letter in hopes that someone can break the logjam. Very truly yours, PETL DANOWSKI, JR. PSD:gsg Encls. cc: John McFeely Joseph Ingegno Marian Sumner Melissa Spiro, Coordinator Bob Zaher, land Management specialist James Burke, Assistant Division Director Patricia Zielenski, Director Jeffrey Butler, Engineer Southold Town Attorney Craig Knepper John P. Mahon, Esq. Mark Terry, Senior Environmental Planner Jamie Richter, Southold Town Engineer LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD.NY 11901 (631)727-4900 FAX(634)727-7451 JOHN P TAGGART,ESQ. August 19, 2003 Suffolk County Department of flcal(h Services office of Wastewater Management Suffolk County Center Riverhead, NY 11901 Altw Craig Knepper ite: Ref. No.: SIO-02-0018 Sub. Name: McFeeley SCTM#1000 - 125 - I - 14 Dear Mr. Knepper: Nofo Associates has entered into a couh act with the Suffolk County Water Authority to grant an casement to tile Water Authority. I enclose the pertinent portion of the rider to the contract regarding a letter of water availability and a Schedule A describing the easement area. verv�truly yours' Stra, m. PSD:gsg Encls. cc: John Milazzo John McFeelY Jeff Butler Joseph Ingegno WWm_(v6 (jtCV.7/00 N,I,y DuAKI'MI;NT 01;1 1EA1,T1 I S1_`R ' # suFF01,11- -0U �j;j� MANAGENILM' OFFICE011WASTEWA' , Stil-TOLK COUNTY CEN'I'E'Z NOTICE jZjvr_R1 1EAD,NEW YORK 11901 GMZ 4 (631) 852-2100 � APPLICATION -SUBI)IVISION NOTICE' OF INCOMPLETE SUB NAME: McFccley B tier, P.E. RE TO: 'c"'ey'F6 u NO.: SIO-02-0018 PO Box 4 SlIorcliam, NY 11786 S(71'M NO: 1000-125-1-14 :sbeell yeviewed. This office will require tile 10HOVVIng JUL your subriliss!011 rol- tile refffellced subdivision Ila 92 further review and/or approval: rin returned. Signatures are to ired by all owners. rz7/" Application forril : unsigned - fo Filing fee $� due. VN E] Yield inap, 111111"lluin.square foot lots ZTesthole(s) located and witnessed by: See too, I-lealth Dept.-Call 852-2097 to Schedule ilispecLioll. Itioll ulap criclosed. does orit indicate a waiVc, procedures cuoloscd. ('rest Well Test well(s) sampled by lle,11111 Department. Follow closed. rient for conliectioll to public water) - see location trial) oil& cost if water Illuin extensi011 is 'equiled). of requirci -district (include distance I- availability letter froin watei 1"71 Wetlands permit or deterniiiiatioll letter. F-A public wale district. Lo�i or avail frorn local sewer to sewage disposal system and water Supply. E] Public sew ability letter L1 Design report by licensed design ploressiou'll for the MISI guage to follow. See Special paragrapti(s) for: notice enclosed. F71 Covenants E Lan Non-confornianco LfA tion, or disclaimer- 0 Board of Review variance. certificate of Atulloriza Z SEQRA determination froul,rown.-e(l to lie shOvIl Or' It prelitninaulf"Icil MCI]) or oil it separate Sewage (be -ocessioull: 11, additioll, , following is I.C(loil un �1. Supply plan signe(land sealed by a licensed design Suffolk County Tax Map Nuinbcr* disposallwate oil* El Lot Areas* 0 Key MaP* E] if Iloilo) El metes and Bounds DescriPti S Oil property (Specify &water Supply locations for all existing building FA Sewage disposal ify if Iloilo) ing Wells within 150 feet of property (Spec losed Z Neighbor or supply per D,partulent standards - see guidelines coc sewers it, Sewer Dist,ict#3, Design for tile wat �ewcr district (fol existing Design for sewer inain extension approved by local s E] Topographic contours. (5 ft. interval) sewer stubs njust be Inarkod by district on Plan) Test well locations* el as cxistillg/PYOP()Sed)* El vat stalul?* VM Water main locati011(s) (lab Z Dcpal-tine"t `PPro c disposal* �J and test hole elevation ZTypical lot layout: water & scW39 Corner elevations A., or L.S. With jocatioli(s)/detlils -r SUI)ply design by P.E., R ru, rest ilole- age disPOs"I & w�'Lc and Zcertificatioll of sew and seats required by PE and LS rul L.S. certification . d)*. Signatures I'LA matures & seats require above %Nitll asterisk exemption (original Sig kked I I indicatewhich it,, County Clerk require iLcIIIS Ina 'o-farilily bial anl_- a t FINAL limps to be filed W I-CL-C e. - sill existuu,101,52poscd water sanitary facilities. of all cxIsli"JI-S�tluctum, �_g'c K-71 Other: Cladf" Oil Inal), use I sbow actual I . of a 1!c_x�istlNl" i_nd—an y_r X� Le�Nl if at,,, are to UP rel"Y Qc�� Liblic watqLto an�su,,­­ LqE���tl� structures, structures Ulu � L:terr�anal ses_Wll [low ools - S_ ec,_LALIV=� rornpletc up:.t�o-datc wo mit roof 0 incluEll I' ggMd 10 rentaill, blic water. So wells are -1-1) — I overt Motje" if all -P abandorine"t & ronriccuun LV U- W etc ) Include wells abandoned.�l y LIL31_e�ll e. . eascirl"NIL R P�Qjorl to a Covenant for 110 c0a'ux� ewa e dis osal s Stern 5 'r so I as, etc - see uidelincs enclosed. Include a access For inailitenancelm W1 size of laterals ineter locatio �j for Ian Ila c. dcsi a for water su I on nia includin c dis osal s Steil's --See S for tile existin water & sewa _R 7 Craig KnepPel" certification st, aterricat oil ma 3 cc: peconic Land Trust -bXTE-February 18, 2 0 296 Hampton Road po Box 1776 ----_----- ---U-INIIS S JON(S) soutlIjIlIpLon, NY 1196 9.­T OFT1 JIS 11'ORNI AVIT11 ANY RES I E N IUDER FOR'rIIE CONTRACT OF SALE IIETWL 140FO ASSOCIMES, Seller and SUFFOLK COUNTY WATER AUTIJOIUTY, Purchaser 5 the County and tile Town for tile"Open Space Preserve." 12. At Closing purchaser shall present to Seflera standard Letter of Water Availability stating .that public water will be made available to Seller for tile four proposed building lots shown oil tile Survey upon payment by Seller of all applicable fees and costs, including main extension costs, if applicable. a lest of Seller, Purchaser at its own cost 13. Within a reasonable time after closing and upon le(II and expense will improve, to Town specifications, a 25 foot wide road to serve tile four building lots shown on the Survey and will improve to its own specification, convenience and expense, to the extent not already improved, tile I culainder or tile SCWA Easellicut. r?30�pj rAe,,f�el or Su olk nty Water Authority 0 Nofo Associates �2. SGWA Legal Dept. A njI3 SCHE DULE A All that certain piece or parcel of land lying and being in Laurel, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on tile Ilorthel-ly side of Main Road, New York State Route 25, being the centerline of a twenty foot (20) easement herein described, said point being the following four ' courses and distances from the intersection of the westerly property line of lands of ihe County of Suffolk where it intersects with the northerly line of the Long Island Railroad: I South 46 degrees 53 minutes 39 seconds West a distance of 196.04 feet, 2. South 78 degrees 03 minutes 40 seconds West a distance of 139.84 feet, 3. South 72 degrees 51 minutes I o seconds West a distance of 215.63 feet, 4. South 85 degrees 44 minutes oo seconds West a distance of 139.14 feet, to tile TRUE POINT OR PLACE OF BEGINNING, running, Thence' North 06 degrees 52 minutes 37 seconds East, 21.02 feet, Thence, North 38 degrees 12 juillutes 06 seconds East, 61.66 feet, Thence, North 25 degrees 45 minutes 00 seconds East, 29.62 feet, Thence,North 06 degrees 12 minutes 33 seconds East, 31.35 feet, Thence, North 06 degrees 04 minutes 46 seconds West, 44.37 feet, Thence, North I I degrees 17 minutes 53 seconds West, 56.41 feet, Thence, North 07 degrees 52 minutes 16 seconds West, 171.74 feet, Thence, North 13 degrees 49 minutes 31 seconds West, 31.24 feet, Thence, North 23 degrees 34 minutes 01 seconds West, 46.50 feet, Thence,North 31 degrees 04 minutes 46 seconds West, 106.43 feet, Thence, North 22 degrees 01 minutes 55 seconds West, 129.45 feet, Thence, North 09 degrees 43 minutes 16 seconds West, 34.60 feet, Thence, North 18 degrees 08 minutes 30 seconds East, 26.53 feet, Thence, North 45 degrees 03 minutes 44 seconds East, 24.46 feet, Thence, North 67 degrees 29 1-ninutes 29 seconds East, 47.47 feet, Thence, North 56 degrees 57 minutes 17 seconds East, 95.29 feet, Thence, North 72 degrees 55 minutes 16 seconds East, 30.51 feet, Thence, South 89 degrees 33 minutes 58 seconds East, 36.17 Peet, Thence, South 70 degrees 29 minutes 59 seconds East, 43.63 feet, Thence, South 58 degrees 52 minutes 00 seconds East, 95.63 feet, Thence, South 62 degrees 36 minutes 46 seconds East, 46.96 feet, Thence, South 71 degrees 19 minutes 44 seconds East, 121.43 feet, Thence, South 92 degrees 03 minutes 31 seconds East, 28.68 feet, Thence, North 86 degrees 29 minutes 27 seconds East, 27.37 feet, Thence, North 73 degrees 06 minutes 15 seconds East, 33.50 feet, 5 To,a point On tile westerly property line of tile SulTblk County Water Authority said point also being North 35 degrees 01 Inillutes 10 seconds West 302.74 feet E10111 a monument set On tile northeast corner of property of tile County of SLIffolk. SCTM l000-125-1-14 (plo) 6 LAW OFFICES PETER S. DANoWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. January 19, 2004 John Milazzo , Esq. c/o Suffolk County Water Authority 4060 Sunrise Hwy. Oakdale, NY 11769-0901 Re: Property Owned by Nofo Associates (jack McFeely) Site: Laurel Lakes SCTM No. 1000 - 125 - 01 - 014 Dear John: Will YOU plCaS -oof and (ICSign tlIc �e Couffinj that You Supplied the IIeCeSSa'Y p' Suffolk County Depalt" c"t OfIlcalth Services, and, in particular, Mr. Knep I per. See copy ot' Notice of loconipletc Application dated February 18, 2003 enclose(. I also enclose a copy of "'Y letter to Ml-. ,I,cl.,.y, one p,juL ofthe Driveway & Drainage PkIn and a copy ol' Mr. BLI&I"S bill- Very truly yours, PETER S. DANOWSKI, JR. I)SD:gsg Encls. cc: Joseph Ingegno Jeffrey Butler John McFeely Marian Sumner mm --�Q'j 0, Sul STEWVlj;j� MANAGFIvil"I]'I' if;NVA, I I - I sUITOLK COUN'I'y Cl�N"".1Z mc)-j-10: I�JVFUUIEAD, Nj�W YORK 11901 GAZ 'I (631) 852-2100 NOTICE Or' .INCOIVII,lLlil"'IV'L,' Al'I'I,ICA""ON — S"'1)""S'ON I SUB NAN1113: McFccicy ,0: jcffjCy'r. Butler, P.13 RLj�. No.: S 10-02-00 18 po Box 634 Stlotellam, NY 11786 SC,r, ,\4 N 1000-125-1-14 �vjc�ved. Tllis office will require the lull()""119 for (our subulissi011 for tile rLrereaced subdivisioll has beell r I turther revievy and/or approval: I reLLIriled. SignaLuics ate re(ILlirCd by '111 QW1a'rS' Application forIn : ullsigned - forD El 17iling fee $� due. yield niap, illirliall"ll.S(lUaIC foot lots' rest hoic(s) located and witilessed by: Sce jociLjoll jll�lp coclosed. -2097 to S(;IICCILIIC illSP SL NV011 does JIW indicate �l %V;1I%1Cr Health Dept.-Call 852 pjuccCluIcs enclosed. CFO ,paltillout. rollow 1 Test well(s) sairipled by Health Do see location "fall cIlclOsrd' r & cost if water maill c of requircincilt for '011jlcct,oll to public w. xterlsioll is Ic(juifcd) III watei district (111cludc d'staucc . aticil lettel. Public water availability lctLcr�ffO district. Ej Wetlands Perillit or detellil", public. so I wer availability letter frOul local sower c ollsitc sew, age disposal sys[clll arld waicv supply by licellsed desiga professional for Of Ipb(s) for: j Dcsigll reporL go to follow. See Special paragr'� Holl-confolillance notice ericlosell. r;�-/71 L,,Illgua Covenants VN iojj� of disclailuer. Board of Rcvic�,V variance. r'-171 Certificate of AtItIlorizat. SEQRA deLcrininatiorl from Tow". LN yl scNI'lage I a CollowilIg is require(] to be SbOw" 01 jilijillcil. final inap or Oil if addition, tile ellsed desigIl prolessional; liSpoSal/Avater Upply plan signed and sealed by " lic Key Map* [] Suffolk county Tax Map Number* Metes and BoOrlds DescripL!011* E] 1,otArcas* El 110110) Sewage disposal & water supply locations for all oxisting buildings oil property (SpCcify if Neighboring wells withill 150 feet of property (specify if 11011c) or supply per Department standards - see guidelilles cucloscd ill Sewer DistiictfO, by loc, Z Desigil for tile wat proved a, scwcr district (fc)r existing sewers Desiga for sewer Illaill extells'oll ap 0 Topograp1lic contours. (5 f(. interval) sewer stubs inust be marked by district oil plan) W 0 'rest well locabolls* Water ruaill location(s) (label as existillg/ProPoscc Z Department 'approval staillp* Osal* Collicr clevatiolls and test bole elevation H Typical lot layoul.: water & S"'ao"c d'sp with (s)/details* a, & water supply design by P,E., 1Z.A., of' L.S. 'rest hole locatiojl� catiull of sewage dispos, L.S. celtification and Zccrtifi seals required)*. Signatures aBd scals required by PE lid LS exculption (original signatures & . itcals marked IbON'c witil asterisk ("). FINAL inaps to be filed wit,, Coullty Clcrk require faroil�, two-falf-fily, baf-ril etc,) -,jud indicilte which a �' UDit,,ry Facilities, 11 exist S C. -�110�1 alcr C a of I ()if ina use of exisfilliqpl000scd w Clarit of 111111ex, rs Z 0(be, ved. Wale[ to a" "' '-' :-q_f1dall --�how actual 'oe'll'o ) all SJIUCLW -ocLures me di Vtub�hc sttucturM I W Pools - specify"Llf olle of, if stj -------1.�Sllow 's will be Icquircd in I -� I 41Y9 Coill 1C, u.)-LO L1,1to watcr all roof of nccliorl to vublic waLCI. 111CILI& iclud .. v w cascincIlL KID Tic.). 111-ILLC oil ,"rldori d, N co I 'o s d to ahl cc"' 'audol ..0 0 �ad i we s a c e s I I co 0 allce w i"IOUL 'yell a a CO C av e 0 � sow c clo n to,als ra 1 110 0 full r writ I- s ddItj a c siz f la 0 11 0 t I 111L 11 cte. see ul c flies File ose a acc I u I w Lei. so 0 1 a file x of sew a c dls cills - see WWM-72 encl. rol- lal la� 0 11 s e e waL es a of I Ist e tf� a 0 L,Lclue in R D BY: Q aig 1�,ilePlIc' L��, el I c. u us a IlL of t C CC . 0 1 Larld T is - X -------—-------- coil c IL d D peconic Land Trust kuary 18, 2003 t I oa 296 1-lahipton Road p 177 PO Box 1776 ------ Southampton,NY 11969 11'ORNI -V..11-11.I ANY-Rl,"IsulmIISSIONN .- " t ou i?u-rTMN A COPY LAW OFFICES PETF-R S. DANOWSKI, JR. 616 ROANOKE AVENUE P,O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. July 7, 2004 Suffolk County Department Of Health services Office of Wastewater Ma"a-Rcluent Suffolk County Centel' Riverhead, NY 11901 Attn: Craig Knepper Re: Ref. No.: SIO-02-0018 Sub. Name- McFeeley SC,jfM #1000 - 125 - I - 14 Dear Mr. Knepper: 11, connection With (heat)oWSUbdivision, enclosed fill(l copy of water availability letter from the Suffolk County Water Authority, for You" file- Very truly Yours, K?v �—1 ett-'Q� PETER S. DANOWSKI, JR. PSID:gsg Encl. cc: join) McFeely Joseph Ingegno Jeffrey Butler Suffolk County Dept. of Real Estate join, Milazzo, Suffolk County Water Authority Mark Terry S_­UFFOLK COUNTY WATER AUTHORITY 2045 Route 112, Suite 1, Coram, New York 11727-3085 June 28,2004 (631)698-9500 FAX (631)698-9851 Peter S. Danowski Jr Esq 616 Roanoke Avenue PO Box 779 Riverhead,NY 11901 Ru: Application for public water service Conservation Subdivision of Note Associates and John McFeely SCTM#1000-125-1-14 Dear Mr. Danowski: Southold Town has requested that the Suffolk County Water Authority provide public water to the above referenced parcel. The Town has determined that the provision of public water to the parcel is in conformity with the comprehensive planning efforts of the Town. Accordingly,public water service for the parcel will be provided,in accordance with the rates and charges applicable at the time of hook-up. Ifamain ex(ension is required,you are responsible forpaying the costs orthe extension and if appropriate,an easement must be provided to SCWA. This letter is not to be considered an action by SCWA as defined by the New York State Quality Review Act regulations or a determination that the parcel is approved for building. You are responsible for obtaining any other permits or approvals that may be required for the proposed project. SCWA shall not be required to provide water for the project until all required approvals have been obtained. For connections to the public water system,there is a key money fee that must be paid in full prior to taking set-vice. The fee starts at$3,000 per service for a one-inch service and is greater for larger services. Please contact the SCWA's new service department at(631) 698-9500 for more information regarding the fees and other conditions of service. Very truly Yours, (___�_Twreuce E.Anderson Assistant Manager LEA:as H:\HOME\SIIARED\NEWSERV\Outbound Letters\A.Letters of Awtilabiltty\628noloapp.doc LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RO. BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. July 29, 2004 John Milazzo, Esq. c/o Suffolk County Water Authority 4060 Sunrise HWY. Oakdale, NY H769-0901 Re: Property Owned by Nolo Associates (jack McFeely) Site: Laurel Lakes SCTM No. 1000 - 125 - 01 - 014 Deal- John: With reference to the above and consistent With Our earlier letter forwarded to you as enclosed, the Suffolk County Department OfIlealth Scl-ViCeS is requiring a "distance & cost letter" (see enclosed notice of incomplete applicaGoll). I recognize you have folwar(led to Inc all(l I have forwal(led to tile I icalth Depaitillent youi department's water availability letter. Feel free to coutact Mi.. Craig Knepper. Very truly yours, C22?— PETER S. DANOWSKI, JR. PSD:bp Encl. cc: John McFeely Joseph Ingegno Jeffrey Butler Craig Knepper LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RO. BOX 779 FILh RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART, ESQ. November 10, 2004 jolill Milazzo, Esq. C/o SUITOlk COLIFIty Water AUt1l01_itY 4060 SLInrise Hwy. Oakdale, NY 11769-0901 Re: Property Owned by Noro Associates (,Jacl( McFeely) Site: 1,aurel Lakes SCTM No. 1000 - 125 - 01 - 014 Dear John: Wherl we last spoke re.-arding YOUr PLiblic Water Availability Le(ter and Distance ard Cost Letter, YOU illdicated YOU were Foiling tile recolcls ofthe New York Stale Depaitment of TI allspol tilt ion so that YOU COLIld pioduce al, al(erratiVe plop(),�jjj to bl'illg pLiblic water hoill NYS Route 25, perhaps plovicling 4 separate service lilic corrections. I'lease advise ils to your pr0,11'es's ill this regard, Mr. McFeely Was eXtrellrely Upset with both tile sLiggestion chat lie WOUld have to pay for tile cost of the COrStrUCti0Il Of tile Water main and also [lie total dollar fiv"LlIc ill that regarcl. it is Mr. McFeely's recolleclioll [hit( cal lie" colivel salions Willi Mi.. Jones indicatill" lie WOUld not be paying Im tile water Illaill C011SHLIC6011 bill lACIClY tile (ill) fee- 111SLIppOrt Ofthat position, I enclose carlier correspondence dated October 8, 2002. Note also t1jejanuary 28, 2003 lettel. mt. jolles to Mr. BUrke, specificallY paiagraph 5. Very hLIly YOIJI'S, PL'I'L7,1Z S. DANOWSKI, JR. pSD:bp End. cc: John McFeely Joseph Inge.-no Jeffrey Buller Craig Knepper A SUFFOLK COUNTY WATER AUTHORITY Go Sr,11rise Fligilway, Oakdale, New York 11769 0901 slephell M� Jolies Administrative Offices: dri (631) 563-0219 Chief ExecrtivP officer Fax (631) 563-0370 October 8, 2002 Jack McFeeley 5900 Peconic Bay Boulevard Laurel, New York 11948 Dear-Mr. McFeeley: I'd like to follow up on our telephone conversation of October 8, 2002 regarding access to the able to take delivery of sorne drainage rings in the next Laurel Lake well field. We would like to be eway. I appreciate your willingness to few (Jays at our pump station next door by utilizing your driv allow us to do this and as I indicated this will have an approximate two-day duration and has nothing to do with the installation of an elevated storage tank. Thai project has been put on hold. I would like to reiterate that it is our intention to pay you the fair market value of a permanent access easement along this driveway and to pay you for an easement to install a water main from our pump station to Main Road along the same route. After installation of this water mail', you or others involved with any house lots along the way would be able to lap this water main for service. Since the access easement, or portions of it, may involve the County and/or the Town of Southold, we are holding off on executing that directly with you for the next few weeks, pending resolution of some outstanding issues with the land preservation purchase agreement to which we also have an interest. Thank you again for your consideration. Very tally yours, ( 'I I J ' L St ,'I]qen C�ip I o es U( I/ c of ef Ex cu i c officer SMJ:dmm cc: H. J. Miller, Deputy CEO for Operations J. Pokorny, Chief Engineer T. Hopkins, General Counsel J. Milazzo, Attorney J. Burke, SC Division of Real Estate M. Spiro, Town of Southold M. Sumner, Peconic Land Trust is PE(:()1`H(; Lh1q)) I AJ /2003 11:50 G312000 1,j1-,CE1VC-D J AtA VECONIQ[AND 'NC' SUP FOLK COUINT-Y WAFrU4 R AUTHORITY Administrative Offices: 4060 Sundae I lighwBY, O�ikdale, NY 11769-0901 '�Icft el A. LoGrande, Chairman (631) 589-5200 1 M. Fritz,D.O.,M.D.,Secretary Fax No.: (631) 563-0370 . Rus6o, Member John E. Gee, Jr.,Member Geor a Proios, Member January 28, 2003 James Burke, Deputy Director suffolk County Division of Real Estate P.O. Box 6100 Hauppauge, Now York 11788 Re: Laurel Lake/McFeeley Dear Mr. Burke: As you know, the Board of the Suffolk county Water Authority authorized us to participate in the acquisition and preservation of the above property because of its proximity to our Laurel Lake well field and the zone of contribution to our wells there. I'd like to surnmarize our current position on the acquisition in light of oil" recent discussions. 1. We are pleased to hear that the county and Town of Southold will be able to preserve the bulk or the property, without substantial financial contribution from the SGWA. 2. We still have an interest in acquiring an easement along lite existing intemal road for Water Authority purposes. In flim regard, I am enclosing a number of iterns: a) survey of Pat Secalico, L.S., sfioMng the road easement. b) A draft easernent agreement outlining the interests of the SCWA, c) An appraisal of the easement prepared by Given Associates as of July 2002. 3. We presume that the SCWA intereuts in the preservation of the property for watershed protection Will be memorialized in deed covenants Pursuant to Article 12 of the County Charter, whereby the land will be dedicated to the County Nature Preserve with a reservation allowing the land to be used for water supply, production and distribution. Please contact me if this presumption is incorrect. 4. We suggest that the easement be conveyed to SCWA by the current owner of the property and the County tako subject to our easement interests. T 11 :50 G3120,10 MCOHIC LAND RU 10 20/2003 James Burke January 28, 2003 - 2- 5. In consideration of all easement for ingress and egress and for file placement of a water main beneath, in the area as mapped and described, the SCWA is prepared to do two things: a. Provide a letter of water availability to Mr. McFoeley, as record owner, upon his request and review of the SEQRA documents accompanying the subdivision application. This request would be made to SCWA after approval of a Minor subdivision by,the Town of Southold, since water service to that parcel is not currently an the approved water supply rnap oil file with the town. b. SOWA will engineer, to Town of Southold specification�, a road to serve tile proposed four lots as contemplated.on maps prepared by the Peconic Land Trust. SGWA, upon approval by the Town of Southold, will build the road ill the location as finalized by the Southold Planning Board pursuant to the minor subdivision approval. The balance of the road ",cold remain a driveway with stabilized base as is currently the cas,3. Please lot us know if you require any further information or documents at this time. We look forward to a successful closing of this liansaction. Very truly yoursi )S lies hier - cc/Iva Officer SMJ:dmm cc: Christine Costigan Thomas Isles Melissa Spiro Marian Surnner John Milazzo WWM- 025 (Rev.7/01) SUFFOACOUNTY DEPAR,rMEN'r OF HEALTH SE19CES OFFICE OF WAs,rEWA,rER MANAGEMENT SUFFOLK COUN'ry CENI'ER RIVERREAD,NEW YORK 11901 NOTICE 6 (631) 852-2100 GMZ 4 NOTICE OF INCOMPLETE APPLICATION —SUBDIVISION TO: Jeffrey T. Butler, P.E. SUB NAME: McFeeley PO Box 634 REF. NO.: S 10-02-0018 Shoreham, NY 11786 SCTMNO: 1000-125-1-14 Your submission for the referenced subdivision has been reviewed. This office will require the following for further review and/or approval: n Application form signed by licensed design professional and owner F] Yield map, minimum— square foot lots. El Filing fee $ due. F-1 Test hole(s) located and witnessed by: n Health Dept.-Call 852-2097 to schedule inspection. Install in area of proposed sewage disposal system. Test well(s) sampled by Health Department. Follow procedures enclosed. (Test well does not indicate a waiver of requirement for connection to public water) - see location map enclosed. Public waier availability letter from water district (Include distance & cost if water main extension is required). F1 Public sewer availability'letter from local sewer district. Ej Wetlands permit or determination letter. n Design report by licensed design professional for the onsite sewage disposal system and water supply. [/Z Covenants rZ'l Language to follow. See Special paragraph(s) for: Board of Review variance. 0 Non-conformance notice enclosed. SEQRA determination from Town. D Certificate of Authorization, or disclaimer. lit addition, tile following is required to be shown on a prelitninary1final inap or oil a separate sewage disposal/water supply plait signed and sealed by a licensed design professional: El Metes and Bounds Description* n Lot Areas* E] Key Map* E] Suffolk County Tax Map Number* F] Sewage disposal & water supply locations for all existing buildings on property (specify if none) F] Neighboring wells within 150 feet of property (specify if none) El Design for the water supply per Department standards F1 Design for sewer main extension approved by local sewer district (for existing sewers in Sewer District#3, sewer stubs must be marked by district on plan) E] Topographic contours. (5 ft. interval) Water main location(s) (label as existing/proposed)* El Test well locations* Corner elevations and test hole elevation 1:1 Department approval starnp* F] 'rest hole location(s)/details* El Typical lot layout: water & sewage disposal* F] L.S. certification and [—]certification of sewage disposal & water supply design by P.E., R.A., or L.S. with exemption (original signatures & seals required)*. FINAL maps to be filed with County Clerk require items marked above with asterisk Other: (I)Since public water is available, submit a tap letter for lot #4 and show public water as existing. (2)Submit proof of access for maintenance/repair of the water supply & sewage disposal system(s) (e.g. copy of ROW and SCWA easement). (3)Please verify that all interior metes and,bounds are shown on final maps about each lot (some lots appear to include only the exterior lot dimensions and are therefore about two lots). REVIEWED BY: Craig Knepperr'D- CC: Peconic Land Trust DATE: October 4, 2004 Peter S. Danowski, Jr. PLEASE RETURN A COPY OF THIS FORM WITH ANY RESUBMISSION(S) MAIIJNG ADDRESS: PLANNING BOAJEtD AMAMERS P.O.Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair OFFICE LOCATION: RICHARD CAGGIANO Town Hall Annex WILLIAM J.CREMERS 04, 54375 State Route 25 KENNETH L.EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Jamie Richter, Office of the Town Engineer From: Mark Terry Senior Environmental Planner Date: November 3, 2004 Re: John McFeely SCTM #: 1000-125-1-14 Please review the following attached Road and Drainage Plat for compliance with yourdepartment. As discussed the Planning Board will require that the ROW north of the cul-de-sac be divided on the centerline of Lot 2 and 3. The P13 also requests that a tree island be considered in the cul-de-sac to deter parking at the terminus. In addition, the SCWA cost estimate is attached for your approval. Please advise. LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. October 29, 2004 Suffolk County Department of Health Services Bureau of Wastewater Management Room S-238 Riverhead, New York 11901 Attn: Craig Knepper Re: Subd.: McFeely Ref. No.: S10-02-0018 SCTM# 1000 - 125 - 1 - 14 Dear Mr. Knepper: In connecticn with the above subdivision file, enclosed find a copy of the Suffolk County Water Authority's Measurement and Cost analysis Proposal, for your use. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encl. cc: John McFeely Joseph Ingegno Peconic Land Trust—Marian Sumner Melissa Spiro, Coordinator Suffolk County Department of Real Estate Suffolk County Water Authority Jeffrey Butler Southold Town Planning Board OCT-27-2004 WED 04:32 P WA FAX NO. B'UZ630370 P. U3 SUFFOLK COUNTY WATOR AUTHORITY MEASUREMENT AND COST ANALYSIS PROPOSAL 'amu r.R11! 'mu 1121WRIWontract Va i leal!�R Town owns:hwio L Sub DMelon: uwwamkm wom. 11ho TVpm Street Directions Foots a Foomple $0 C", w,a.Mm N,W, 60 so am�, 141� Standmid Costj $4& tail 431 TIJ .4,0 I -Ilre I Type I swet 01ractlons Fomotma Cost Esfftnaft W RUM 111 n, S2GA00 Re' �4.10 MR0 V'A U; .......... 04H, AAq 2�� 2�11 44,;K, Noffiffig"11,15 Elflaffiv R11 "'m 60 SWdard Cost[ Totall $73,656 A. I sin I Type I stmat pirawons Foo# ALO Cost Estimate 0 so ActualCostEsOmatal Total o Projod F6*fago and Co#,,Wmato-Customers1--l-o" JT164ns Subouth f $33.00 Spedall T164n ftataps and Tat Pr*d Fomgo&Oust FAlmo orof 111of& 2 Illm—grAmir p;I'd I V.i N I X P, FL ........... q NIM: ;K,4:: Remnwnft am 8Rw*gn Ccot EWma To ft I PmJv d Fo a"and C a s i FES al-ma 0 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESO. October 29, 2004 Suffolk County Department of Health Services Bureau of Wastewater Management Room S-238 Riverhead, New York 11901 Attn: Craig Knepp-er Re: Subd.: McFeely Ref. No.: SIO-02-0018 SCTM# 1000- 125 - 1 - 14 Dear Mr. Knepper: In connection with the above subdivision file, enclosed find a copy of the Suffolk County Water Authority's Measurement and Cost analysis Proposal, for your use. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encl. cc: John McFeely Joseph Ingegno Peconic Land Trust—Marian Sumner Melissa Spiro, Coordinator Suffolk County Department of Real Estate Suffolk County Water Authority Jeffrey Butter Southold Town Planning Board OCT-27-2004 WED 04:32 PM SCWA FAX NO. 6315630370 P. 03 SUFFOLK COUNTY WATtR AUTHORITY MEASUREMENT AND COST ANALYSIS PROPOSAL Idardificaflon M Rot Number I IPWred By T awnsh' Easerri(YIN Sub Walon: ffigs"Wiffil Me mm WRIF M" -INN" Shm Type I street Dirme Cost Estimate 119�sw so so $4& Total 437 Oviii, '15MV,"ip W! Cost Esflnwft Street pirwuons 7AM $25.509 7 $21,747 $0 -W. —$73.666 2.232 SOMMER -H per Cost Estimate I Size I TV"I Street Directions $0 ActualCoetEsOmate=" �Tatffi $01 pl*d Rio"and Cw mmam-customeric--i-s" subaum 0 "15.00 1 $33.001 Spwaii nwin a Estli"SM! Oil sh Tat Pmjod Footage&Cost Esorrulft ovol Ret&Sag—�2 W.;!1; INNOW-am,40 IP 14FIN . ..... :t� 4.1 ............ Sr,",,- .11—M; ...1. Pff,,kt A..!.5ii i. Re"rylents and SR"ge CaW Estiml Tau#Pmjvd foo"and Cost Fstims $93,32 MEMORANDUM To: McFeely File From: Anthony P. Trezza Senior Planner Date: October 19, 2003 Re: Prooect Status I spoke with Pete Danowski, Esq. on October 18, 2004 regarding the status of the application. He indicated that he is waiting for Pete Butler to finish the plan and that the Water Authority has still not issued a letter of water availability. In response to the Water Authority's position that they will not maintain the road, the map is being revised to widen the right-of-way to 50' with 20' of pavement and a cul-de-sac in order to meet Town specifications for the purposes of dedication. The road will be shortened with the area of the removed portion to be split between lots 2 & 3. This area, which would extend north from the cul-de-sac to the undisturbed natural buffer, will be encumbered by an easement to provide access to land owned by the Suffolk County Water Authority. However, Mr. Danowski said that his client is extremely unhappy with how this project has materialized. It is not clear at this point if the applicant will agree to this proposal. He is apparently so angry that he is considering terminating the project altogether. We will continue to be in contact with Mr. Danowski in order to resolve this problem, if possible. At this point we will need to wait to see how McFeely will respond to the revised plan which has been very unfavorable thus far. PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE P.O. Box 1179 Chair CD Town Hall, 53095 State Route 25 C40 Southold, New York 11971-0959 RICHARD CAGGLANO Telephone (631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 10, 2004 Peter Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 Re: Proposed Major Subdivision of John McFeely Located n/o NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: 01-00 Dear Mr. Danowski: The Southold Town Planning Board, at a meeting held on Monday, August 9, 2004, adopted the following resolution: The public hearing was closed. WHEREAS, this proposed major subdivision is for 6 lots on a 30.785 acre parcel where Lot 1 equals 1.67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres. The Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open space purposes; and WHEREAS, the Planning Board approved the bond estimate in the amount of $112,450.00 on April 13, 2004 for proposed right-of-way improvements; and WHEREAS, the 25 foot road will be improved pursuant to Clause 13 of the Rider For the Contract of Sale between NOFO Associates and the Suffolk County Water Authority, dated August 6, 2003; and WHEREAS, due to the contractual obligation, the Planning Board hereby releases the bond requirement in the amount of$112,450.00 road improvements; and WHEREAS, maintenance of the "easement" will be performed by the Suffolk County Water Authority pursuant to Clause 8 of the Easement Agreement between NOFO Associates and the Suffolk County Water Authority, dated July 21, 2003; and 0 McFeely— Page Two — 8/10/04 WHEREAS, the subdivision is a cluster subdivision pursuant to Article XVIII of the Southold Town Code; therefore be it RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps entitled Subdivision Sketch Plan, dated June 22, 2004, subject to the following conditions. The conditions must be met within six (6) months of the resolution: 1. The submission of 8 paper and 5 mylar plats with approval from the Suffolk County Department of Health. 2. Please amend the plat title to read "Final Cluster Subdivision Plan of John McFeely" L L, S 3. Please submit the Administrative Fee in the amount of$6,747.00 approved by the Planning Board on April 13, 2004. 4. Please submit the Park and Playground Fee in the amount of $15,000.00. 5. Please submit a draft Covenant and Restriction defining permitted and non- permitted activities in the non-disturbance buffp.,' and the 10 foot non- disturbance area. In addition, please include a provision stating that all existing curb cuts except the 25 foot right-of-way proposed on State Route 25 will be abandoned and the access to and from Lots I and 4 to State Road 25 from any area other than the 25 foot right-of-way is prohibited. 6. The submission of a Draft Road and Maintenance Agreement. 7. The submission of a Highway Work Permit from the State of New York Department of Transportation. Please contact this office with any questions. Very truly yours, ?.4 Jeri�lyn`BWoo Chairperson cc: Melissa Spiro, Office of Land Preservation t�cl NY 008-CONTRACT OF SJWSLTA8041 (Rev. 11/78) WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLfE S WITH SE CTION 5.702 OF THE GENERAL OBLIGATIONS LAW C'PLAIN ENGLISH").CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE:FIRE AND CASUALTY LOSSES: 'This contract form does not provide for what happens in the event of fire or casualty loss before die title closing.Unless different provision is made in this contract,Section 5-13 11 of die General Obligations Law will apply.One part of that law makes a purchaser responsible for fire and casuaky Ipss upon taking of title to or possession of the premises. DATE: CONTRACT OF SALE made as of the day of in the year BETWEEN PARTIES: Nofo Associates 5900 Peconic Bay Boulevard Laurel, NY 11948 Address: hereinafter called"SELLER",who agrees to sell; DEC E � w E � o and F=A'JC ,-, OnP94 Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 Southold Town Z ar� Planniig B�oar� Address: hereinafter called"PURCHASEW'who agrees to buy dieproperty,including all buildings and improvements thereon(the PREMISES: "PREMISES"),more fully described on a separate page marked"Schedule A,"and also known as: Street Address: Main Road, Laurel Tax Map Designation: SCTM #1000-125-1-14 (p/o) Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. PERSONAL The sale also includes all fixtures and articles of personal property attached to or used in connection with die PREMISES, PROPERTY: unless specifically excluded below.SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S).They include but are not lintited to plumbing,heating,lighting and cooking fixtures,bathroom and kitchen cabinets,mantels,door mirrors,venetian blinds,shades,screens,awnings,storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing, outdoor statuary, tool sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, range, refrigerators, freezers, air conditioning equipment and installations, and wall to wall carpeting. Excluded from this sale are:Furniture and household furnishings, PURCHASE 1.(a)The purchase price is $ grant of casement PRICE: Payable is follows: On the signing of this contract, by check subject to collection: $ By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By a Purchase Money Note and Mortgage from PURCHASER(or assigns) to SELLER: $ BALANCE AT CLOSING: $ grant of easement 1. 1—11 . --A pla.OFg-pda ��)r I..—d' ;s sabjree to mi F'"S", will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING Mo is extended or modified in good faidi.The Purchase Money Note and Mortgage shall be drawn ontbgmraila�rd form of New York Board of Title Underwriters by the attorney for SELLER. PURCH�SER sh�e mortgage recording tax, recording fees and the attorney's fee in the amount of$ ft paration. (c) If any required payments are made on an EXISTING MQ2;W,1 I between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORT5AeE-5r1cvv the amount shown in paragraph 2,then die balance of die price payable at CLOSING will be!adj -_,LER agrees that the amount shown in paragraph 2 is reasonably correct and that only payments rqq14Fed-15-y die EXISTING MORTGAGE will be made. (d)If there is a ose of paying taxes or insurance,etc.SELLER sliall ��c escrow account that is maintained for the purp �ii,,�URCHASER,if it can be assigned.In that event PURCHASER shall pay the.amount in die escrow accolin L to ZXISTING M01 Mortgage now in the unpaid principal amount of$ and interest at the rat r cent per year, ...... 'lments of$ presently payable in installments of$ c principal,interest.and with any balance of able on principal being due and payable on S FLL r NG MORTGAGE contains any pi c st NG MORTGAGE contains any provision that permits the holder of the mortgage to ELLER hereb s.t I I:;I!A I i I,I 151A 6,i;1111:1�i I 1 6.11 11�1:1 I:I i 1, 111 i!F"�� ACCEPTABLE 3. All money payable under this contract unless otherwise specified,shall be either: FUNDS: a.Cash,but not over one thousand($ 1,000.00)Dollars, b.Good certified check of PURCHASER,or official check ofany bank,savings bank,trust company,or savings and loan association having a banking office in the State of New York,payable to the order of SELLER,or to the order of PURCHASER and duly endorsed by PURCHASER(if an individual)to die order of SELLER in the presence of SELLER of SELLER's attorney. c.Money other than the purchase price,payable to SELLER at CLOSING,may be by check of PURC14ASER up to the amount one thousand dollars ($1,000.00 dollars,or d. As other-wise agreed to in writing by SELLER or SELLER'S attorney. "SUBJECT TO" 4.The PREMISES are to be transferred subject to: PROVISIONS: a.Laws and governmental regulations that affect the use and maintenance of the PREMISES,provided that they are not violated by the buildings and improvements erected on die PREMISES. b. Consents for die erection of any structures on,under or above any streets on which the PREMISES abut. c.Encroachments of stoops,areas,cellar steps,trim and cornices,if any,upon any street or highway. TITLE 5.SELLER shall give and PURCHASER shall accept such title as Rate COMPANY any title company licensed in New York ,a member of the Title Insurance APPROVAL: Service Association, Inc. will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this contract. CLOSING 6."CLOSING"means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, DEFINEDAND including the payment of the purchase price to SELLER,and the delivery to PURCHASER of a FORMOFDEM. easement acceptable to Purchaser as per the Rider deed in proper statutory form for recording so as to transfer full ownership(fee simple title)to the PREMISES,free of all encumbrances except as herein stated.The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. I If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of die deed,and(b)a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that die transfer is in conformity with die requirements of Section 909 of the Business Corporation Law.The deed in such case shall contain a recital sufficient to establish compliance with that section. CLOSING 7. CLOSING will take place at die office of as paragraph 11 of the Rider DATE at o'clock on in the year ANDPLACE: BROKER: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than none and SFLLER agrees to pay the broker the commission earned thereby(pursuant to separate agreement). STREETS AND 9.1bis sale includes all of SELLER'S ownership and rights,if any,in any land lying in the bed of any streeter highway, ASSIGNMENT opened orproposed,in froutof or adjoining the PREMISES to thecenterline thereof.It also includes any rightof SELLER OF UNPAID to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of AWARDS: change of grade of any street or highway.SELLER will deliver at no additional cost to PURCHASER,at CLOSING,or thereafter,on demand,any documents which PURCHASER may require to collect the award and damages. MORTGAGEE'S 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before CERTIFICATE CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying die amount of the OR LETTER AS unpaid principal and interest,date of maturity,and rate of interest. TO EXISTING MORTGAGE(S): SELLER shall pay die fees for recording such certificate. if the holder of a mortgage is a bank or other institution as defined in Section 274-a,Real Property Law,it may,instead ofthe certificate,furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at die time of CLOSING. COMPLIANCE 11.a)SELLER will comply with all notes or notices of violations of law or municipal ordinances,orders or requirements WITH STATE noted n or issued by any governmental department having authority as to lands,housing,building,f ire,health and labor AND MUNICIPAL conditions affecting the PREMISES at the date hereof.The PREMISES shall be transferred free of them at CLOSING and DEPARTMENT this provision shall survive CLOSING.SELLER shall furnish PURCHASER with any authorizations necessary to make VIOLATIONS the scare.hes that could disclose these matters. AND ORDERS: OMIT IF THE b)All obligations affecting the PREMISES, incurred pursuant to the Administrative Code of the City of New prior to PROPERTY CLOSING and payable in money sliall be discharged by SELLER at CLOSING.This provision shall survive CLOSING. IS NOT IN THE CITY OF NEWYORK: INSTALLMENT 12.If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual ASSE,SSM[ENT-. installments, and the first installment is then a lien,or has been paid,then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. APPORTION- 13.The following are to beRvortioned as of atidnight of the day before theebSING: MENTS: (a) Rents as and when collected. (b) Interest on EXISTING MORTGAGE(S). (c) Premiums on existing transferable insurance policies and renewals of those expiring prior to CLOSING. (d)Taxes, water charges and sewer rents, on the basis of theAMN period for which assessed .(e)Fuel,if any.(f)Vault charges,if any. lien If CLOSING shall occur before a new tax rate is fixed,the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period of applied to the latest assessed valuation. Any errors or ornissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. WATER METER 14.If there be a water meter on the PREMISES,SELLER shall furnish a reading to a date not more than thirty days before READINGS: CLOSING date and the unfixed meter charge and sewer rent,if any,shall be apportioned on the basis of such last reading. ALLOWANCE 15.SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid FOR UNPAID taxes,assessments,water charges and sewer rents,together with any interest and penalties thereon to a date not less than TAXES ETC.: fivebusiness days aftei-CLOSING,provided thatofficial bills therefore computed tosaiddate areproduced at CLOSING. USE OF 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER PURCHASE may use any portion of die balance of the purchase price to discharge it.As an alternative,SELLER may deposit money PRICE TO PAY with the title insurance company employed by PURCHASER required by it to assure its discharge, but only if the title ENCUM- insurance company Will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the BRANCES: PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. AFFIDAVIT AS 17.If a title examination discloses judgments,bankruptcies or other returns against persons having names the same as or TO similar to that of SELLER,SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not JUDGMENTS, against SELLER. BANKRUPT- CIES: DEED 18.At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State,City or County TRANSFER AND officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the RECORDING deed,together with any required tax return.PURCHASER agrees to duly complete the tax return and to cause the check(s) TAXES: and the tax return to be delivered to the appropriate officer promptly after CLOSING. PURCHASER'S 19.All money paid on account of this contract,and the reasonable expenses of examination of the title to the PREMISES LIEN: and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES.Such liens shall not continue after default in performance of the contract by PURCHASER. SELLER'S 20.If SELLER is unable to transfer title to PURCHASER in accordance with this contract,SELLER'S sole liability shall INABILITYTO be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any CONVEYAND appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. LIMITATION Upon such refund and payment,this contract shall be considered canceled,and neither SELLER nor PURCHASER shall OF LIABILITY: have any further rights against the other. CONDITION OF 21.PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and is PROPERTY: thoroughly acquainted with their condition.PURCHASER agrees to purchase them"as is"and in their present condition subject to reasonable use,wear,tear,and natural deterioration between now and CLOSING.PURCHASER shall have the right, after reasonable notice to SELLER,to inspect them before CLOSING. ENTIRE 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It AGREEMENT: completely expresses their full agreement.It has been entered into after full investigation,neither party relying upon any statements made by anyone else that are not set forth in this contract. CHANGES 23. This contract may not be changed or canceled except in writing. The contract shall also apply to and bind the, MUST BE IN distributees,heirs,executors, administrators,successors and assigns of the respective parties.Each of the parties hereby WRITING: authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. SINGULAR 24.Any singular word or term herein shall also be read as in the plural whenever die sense of this contract may require it. ALSO MEANS 25. SeE Rid-r attached hereto and made:,a part hereof. PLURAL: In Presence of: Sl="- SGWALegWyept F Suffolk County Water Authority John F. McFeely REDER FOR THE CONTRACT OF SALE BETWEEN NOFO ASSOCIATES, Seller and SUFFOLK COUNTY WATER AUTHORITY, Purchaser I TO THE EXTENT ANY PORTION OF THIS RIDER CONFLICTS WITH THE PRE-PRINTED PORTION OF THE CONTRACT OF SALE TO WHICH IT IS ANNEXED, THE PROVISIONS OF THIS RIDER SHALL GOVERN. 1. Subject to covenants, restrictions, reservations and utility easements of record affecting the premises, provided that the same do not render title unmarketable. 2. Subject to any proposed, adopted or actual street widenings, variations between descrip.tion herein and tax map description, and any variation between fences, curbs, retaining wall, hedges, if any, and record lines, provided same do not render title unmarketable. 3. (a) Purchaser shall, at least ten (10) days before the date fixed for the closing of title, submit to the attorneys for Seller, a written statement (i.e., a title.report) of any objections to the title, other than those subject to which Purchaser has by this agreement contracted to take title. Seller shall thereupon be entitled to adjourn the closing of title for a period of no more than sixty (60) days in order to give the Seller time within which to remove any such objection. (b) Nothing herein contained shall require Seller to bring any action or proceeding, or otherwise incur any expense in excess of$250.00 to render title insurable. 4. If at the date of Closing Seller is unable to transfer title to Purchaser in accordance with this contract, or Purchaser has other valid grounds for refusing to close, whether by reason of liens, encumbrances or other objections to title or otherwise (herein collectively called "Defects"), other than those subject to which Purchaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remove, remedy or discharge and if Purchaser shall be unwilling to waive the same and to close title RIDER FOR THE CONTRACT OF SALE BETWEEN NOFO ASSOCIATES, Seller and SUFFOLK COUNTY WATER AUTHORITY, Purchaser 2 without abatement of the purchase price, then, either party may cancel this contract by Notice to -the other given within 10 days after such adjourned date. If this contract is canceled pursuant to its terms, other than as a result of Purchaser's default, this contract shall terminate and come to an end, and neither party shall have any further tights, obligations or liabilities against or to the other hereunder or otherwise, except that Seller shall promptly reimburse Purchaser for the net cost of examination of title, including any appropriate additional charges related thereto, and the net cost, if actually paid or incurred by Purchaser, for updating the existing survey of the Premises or of a new survey. 5. If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including but not limited to, specific performance. In the event that the Seller is unable to deliver insurable title, then the limit of the Seller's liability shall be the return of the morties paid hereunder, and thereupon all liability of the parties hereto shall cease, and this Contract shall be rendered null and void. 6. Any notice or other communication shall be in writing and sent by the parties' respective attorneys who are hereby authorized to do so on their behalf, by mail, postage prepaid, or delivered in person or by overnight courier to the respective parties' attorneys, to whom the notice is to be.given, or to such other address as such party's attorney shall hereafter designate by notice given, or to such other address as such party's attorney shall hereafter designate by notice given to the other party's attorney pursuant to this paragraph. Each notice mailed shall be deemed given on the day of mailing the same except that each notice delivered in person or by RIDER FOR THE CONTRACT OF SALE BETWEEN NOFO ASSOCIATES, Seller and SUFFOLK COUNTY WATER AUTHORITY, Purchaser 3 overnight courier shall be deemed given when delivered. 7. The acceptance of the easement by the Purchaser or its designee shall be deemed to constitute full performance of every agreement and obligation of the Seller and no agreement, representation or warranty shall survive delivery of the easement unless such survival is specified in writing. 8. Purchaser's performance under this contract is expressly conditioned upon the Town of Southold granting approval for the proposed subdivision as shown on a survey prepared by Joseph Ingeno dated June 26, 2002 (hereinafter the"Survey") and permission for the installation of water mains within the Premises (hereinafter collectively the"Subdivision Approval"). Seller or its agent shall diligently and in good faith apply for the Subdivision Approval including making all required applications to any governmental agency with jurisdiction over the proposed subdivision. If the Subdivision Approval is not obtained within one year from the date first written above, Purchaser shall be entitled, at its discretion, to grant Seller a six month extension to obtain Subdivision Approval. Upon receipt of the extension, Seller agrees to continue to diligently apply for Subdivision Approval. If Seller is unable to obtain such Subdivision Approval, Seller, at its own discretion, shall have the right to terminate this contract by written notice to Purchaser and thereupon neither party shall have any rights against the other or to grant an additional extension. 9. Prior to closing of title under any contract for any portion of the premises shown on the Survey, including the contract between Seller and the County of Suffolk and the Town of Southold (hereinafter the "County" and "Town" respectively) referenced in paragraph 9, Seller RIDER FOR THE CONTRACT OF SALE BETWEEN NOFO ASSOCIATES, Seller and SUFFOLK COUNTY WATER AUTHORITY, Purchaser 4 will execute and deliver an easement, in a form substantially similar to the easement annexed hereto, acceptable to Purchaser, granting onto Purchaser an easement designated as"SCWA Easement" (hereinafter I'SCWA Easement"). In the event any conveyance of any real property interest, with the exception of covenants and restrictions or the like required by any governmental agency as part of the Subdivision Approval-process, occurs prior to delivery to and acceptance by the Purchaser of the SCWA Easement, Purchaser shall have the right to terminate this contract by written notice to Seller and thereupon neither party shall have any rights or obligations against the other except that any moneys paid hereunder shall be returned to Purchaser. 10. TIiis transaction is expressly conditioned on Seller entering into a contract of sale with the County and the Town of Southold for those lands identified as"Open Space Preserv&' on the Survey and conveying title to the County and the Town the"Open Space Preserve" pursuant to Paragraph I I below. The deed into the County shall state that it is made in accordance with the County's watershed protection program and shall specifically reserve to Purchaser the right to use of the lands to be conveyed for public Water supply purposes without limitation as set forth in the SCWA Easement by reciting such uses within the deed. if Seller does not convey title to the County and the Town pursuant to Paragraph 11 for any reason, Purchaser shall have no further obligations under this contract, including, but not limited to being released from its obligations to improve the Premises pursuant to Paragraph 13. 11. CLOSING will take place at the offices of the County of Suffolk. Closing shall be held 15 days after Subdivision Approval is obtained. Closing to be prior to the closing between Seller and RIDER FOR THE CONTRACT OF SALE BETWEE N NOFO ASSOCIATES, Seller and SUFFOLK COUNTY WATER AUTHORITY, Purchaser 5 the County and the Town for the "Open Space Preserve." 12. .At Closing Purchaser shall present to Seller a standard Letter of Water Availability stating that public water will be made available to Seller for the four proposed building lots shown on the Survey upon payment by Seller of all applicable fees and costs, including main extension costs, if applicable. 13. Within a reasonable time after Closing and upon request of Seller, Purchaser at its own cost and expense will improve, to Town specifications, a 25 foot wide road to serve the four building lots shown on the Survey and will improve to its own specification, convenience and expense, to the extent not already improved, the remainder of the SCWA Easement. a-�L 7for S u Polk nty Water Authority �r Nofo Associates 11452 1, 14 A S, SCWA Legal DepL 20U3 EASEMENT AGREEMENT TFUS INDENTURE made this day of 2003, between Nofia Associates, care of John McFeely, 5900 Peconic Bay Boulevard, Laurel �\ )1.7-7t 11948, and Edna A. Beime, 1A hereinafter Grantors, and the SUFFOLK COUNTY WATER AUTHORITY (hereinafter "SCWA"), a public benefit corporation having its principal place of business at 4060 Sunrise Highway, Oakdale, New York 11969, Grantee. WITNESSETH: WHEREAS, the Grantor is seized of certain premises described in Schedule A, attached hereto and made part hereof, and has good right to convey the same (hereinafter the "Premises"); and WHEREAS, the Grantor covenants that the said Premises are free and clear of encumbrances other than those of record; and WI-IEREAS, the Grantee owns and operates a public water supply system adjacent to and in the vicinity of the Premises; and WHEREAS, Grantor wants to convey an easement in perpetuity on, over and across the Premises described in Schedule A to the Grantee, its successors, and assigns use, for the water supply purposes as set forth below; NOW THEREFORE, the Grantor, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration paid by the Grantee, does hereby grant and convey unto the Grantee, its successors and assigns forever an easement in perpetuity over the Premises consisting of 1. The right to install, operate, maintain and repair water mains and/or appurtenances and anc illary facilities, without limitation for the purposes of supplying, delivering, and transmitting water for water supply purposes from, through, or within the Premises provided same do not extend above ground level together with the right to install, operate said mains and/or appurtenances and ancillary facilities, to the extent the same may be required, within the Prernises, including the right to operate machinery, without limitation, to effect the same, 2. The right of vehicular and pedestrian ingress and egress over the Premises, 3. The fight to clear and disturb, in any reasonable manner, form or way, without limitation, the Premises to effect the terms of these easement. TO HAVE AND TO HOLD, the rights and easements granted herein unto the Grantee, its successors and assigns, and which shall run with the Premises in perpetuity. AND said Grantor and Grantee mutually agree and covenant as follows: 1. All mains and/or appurtenances installed or to be installed by the Grantee, its successors and assigns, shall be and remain property of the Grantee, its successors and assigns, forever; 2. That the Grantee shall quietly enjoy the said rights and easements; 3. Grantee agrees, to the extent possible, to restore any areas disturbed by Grantee to a condition similar to that which existed prior to the disturbance. 4. The Grantor agrees that the terms, conditions, restrictions and purposes of this easement shall continue as a servitude running in perpetuity with the Premises and will be incorporated by reference in any subsequent deed or other legal instrument by which the Grantor divests himself of either the fee simple title to or its possessory interest in the premises or any portion thereof specifically setting forth the date, and the fiber and page of the Suffolk County Clerk's records of the recording hereof, if and when the same is available, 5. Any rule of strict construction designed to limit the breadth of the restrictions on the use of the Premises shall not apply in the construction or interpretation of this easement, and, this easement shall be interpreted broadly to effect the purposes of this easement as intert.ded by Grantor. 6. Grantee acknowledges, agrees and accepts that this grant of easement shall be deemed to have been made pursuant to and in accordance with Article XH of the Suffolk County Charter, as amended, and effective as of November 30, 2000, including but not limited to §C1 2-3(A) as set forth in Schedule B hereto, and Grantee shall, be and remain in compliance therewith, in perpetuity. 7. Notwithstanding anything to the contrary, the Grantor, its successors and assigns, its invitees, anyone who legally uses the Grantor's premises, shall have the reasonable right to reasonably cross over said easement, so long as the Grantee's usage, as stipulated in this grant of easement, is not obstructed thereby. 8. The Grantee shall maintain said easement in good repair at its own cost and expense. 9. The Grantee shall, at its sole cost and expense, defend and indemnify the Grantor, and its successors and assigns, for any liability whatsoever (including reasonable attorney fees), related to the grant and/or Grantee's use of this easement, which shall be deemed to include but not be limited to the installation, operation, maintenance and repair of water mains and/or appurtenances and ancillary facilities pertaining thereto. IN WITNESS WHEREOF, the Grantor has executed and delivered and Grantee has accepted this easement and Grantor and Grantee have hereunto set their respective hands and seals, caused 3 their corporate seals to be hereunto affixed and caused these presents to be signed by their duty authorized Officers, the day and year first above written. WITNESS: SUFFOLK COUNTY WATER AUTHORITY NOFO ASSOCIATES By: By: Stephen M. Jones john McFecley Title: Title: Chief Executive Officer STAIT OF NEW YORK) STATE OF NEW YO1`K) ss.: COUNTY OF SUFFOLK) ss.: COUNTY OF SUFFOLK) On tile day of_in the on tile_day of in the year the undersigned,avoily Public in and for ycar before me, the undersigned, a Notary before me, appeared Steph 11 M. Jones, Public in and for said State, personally appeared said State, personally e john Mcrecley, personally known to 'lie or personally known to me or proved to me on the basis of proved to iric on the basis of satisfactory satisfactory evidence to be tile individual(s)whose evidence to be tile individual(s)whose riame(s) name(s)is (are) subscribed to the within instruirient and is(are) subscribed to the withm instrument and acknowledged to me that he/sbe/theY executed die same acknowled.ged to me that lie/slic/theY executed in his/her/their capacity(ics), and that by his/her/their the same in li�sjller/flicir capacity(ies), and that signature(s)oil the instrument,the individual(s) or die by his/her/their signaturc(s) on the instrument, person upon behalf of which thc individual(s) acted, tile individual(s)or the person upon behalf of executed the instrument. which the individual(s)acted, executed the instrument. Notary Public Notary Public 4 SCHEDULE A All that certain piece or parcel of land lying and being in Laurel, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNTNG at a point on the northerly side of Main Road, New York State Route 25, being the centerline of a twenty foot (20) easement herein described, said point being the following four courses and distances from the intersection of the westerly property line of lands of the County of Suffolk where it intersects with the northerly line of the Long Island Railroad: I. South 46 degrees 53 minutes 39 seconds West a distance of 196.04 feet, 2. South 78 degrees 03 minutes 40 seconds West a distance of 139.84 feet, 3. South 72 degrees 51 minutes 10 seconds West a distance of 215.63 feet, 4. South 85 degrees 44 minutes 00 seconds West a distance of 139.14 feet, to the TRUE POINT OR PLACE OF BEGINNTNG, running, Thence,North 06 degrees 52 minutes 37 seconds East, 21.02 feet, Thence, North 38 degrees 12 minutes 06 seconds East, 61.66 feet, Thence,North 25 degrees 45 minutes 00 seconds East, 29.62 feet, Thence,North 06 degrees 12 minutes 33 seconds East, 31.35 feet, Thence, North 06 degrees 04 minutes 46 seconds West, 44.37 feet, Thence, North I I degrees 17 minutes 53 seconds West, 56.41 feet, Thence, North 07 degrees 52 minutes 16 seconds West, 171.74 feet, Thence, North 13 degrees 48 minutes 31 seconds West, 31.24 feet, Thence, North 23 degrees 34 minutes 01 seconds West, 46.50 feet, Thence, North 31 degrees 04 minutes 46 seconds West, 106.43 feet, Thence, North 22 degrees 01 minutes 55 seconds West, 129.45 feet, Thence, North 09 degrees 43 minutes 16 seconds West, 34.60 feet, Thence, North 18 degrees 08 minutes 30 seconds East, 26.53 feet, Thence, North 45 degrees 03 minutes 44 seconds East, 24.46 feet, Thence, North 67 degrees 29 minutes 29 seconds East, 47.47 feet, Thence, North 56 degrees 57 minutes 17 seconds East, 95.29 feet, Thence, North 72 degrees 55 minutes 16 seconds East, 30.51 feet, Thence, South 89 degrees 33 minutes 58 seconds East, 36.17 feet, Thence, South 70 degrees 29 minutes 59 seconds East, 43.63 feet, Thence, South 58 degrees 52 minutes 00 seconds East, 95.63 feet, Thence, South 62 degrees 36 minutes 46 seconds East, 46.96 feet, Thence, South 71 degrees 19 minutes 44 seconds East, 121.43 feet, Thence, South 82 degrees 03 minutes 31 seconds East, 28.68 feet, Thence, North 86 degrees 29 minutes 27 seconds East, 27.37 feet, Thence,North 73 degrees 06 minutes 15 seconds East, 33.50 feet, 5 To a point on the westerly property line of the Suffolk County Water Authority said point also being North 35 degrees 01 minutes 10 seconds West 302.74 feet from a monument set on the northeast corner of property of the County of Suffolk. SCTM 1000-125-1-14 (p/o) 6 § C12-1 SUFFOLK COUNTY CODE C12-2 ARTICLE XIII Suffolk County Drinking Water Protection Program [Added 7-14-87 by LL No. 40-1987"1 C12-1. Creation. There are hereby created a Suffolk County Pine Barrens Wilderness and a Suffolk County Water Protection Preserve, as defined in § C12-2 of this Article. which shall be preserved and protected in their natural states and in perpetuity. § C12-2. Definitions. The following words and phrases when used in this Article. unless otherwise expressly stated. are defined as follows: SUFFOLK COUNTY PINE BARRENS WILDERNESS — The Pine Barrens Zone described in Local Law No. 7 of 1990 and any other land as Suffolk County may in the future designate by resolution and any other area as may be designated by the County Executive with the approval of the Legislature. SUFFOLK COUNTY -WATER PROTECTION PRE- q SERVE — The special groundwater protection areas in Suffolk County identified in the .Long Island Regional q Planning Commission report on,specii]. groundwater protec- tion areas and any other land as Suffolk County_ma�Ljn the future designa—te"Ey—ri�so!6t'i-�6�nl-,an��ther-am-a-l-may be p_ -1-the _d ate�by_th6 Courify–J9xecutive-with-the-a Proval o Is UNDEVELOPED LAND — Land that has not been im- by humankind and proved upon in any manner whatsoever remains intact in its natural state.-and land.thatliss only been nominally disturbed by human4d and remains substantially intact in its natural state. I Editors Now Forgoer Art.X11,Department of Fire safety.added 10-18.63 by LL No.5. 1963 and anvended 1.6"by LL No. 1-1964,%,gs repeated 9-27-93 by L.L','a M198-k See Art X1 of this Charter. I Editor's Note. This Imal law�&pj)m%vd at referendum 11-&87. I Editor*. Nota: See Arth,le XXXIV of this Cbarter. C66.4 3.25-89 § C12-3 CHARTER § C12-3 § C12-3. Acquisition of property. A. !J ion du p9n res�lut* _IzA4opted, and within such appropriations -rUor, the CounVV Suffolk as may duly be r�ade avaiiiii@e tITe may-a-c-q-uircum-(1) or fti6ii-�ai6els'*of-*un'deve.-loped-la—nd within the Suffolk County Pine Barrens Wilderness and/or Water Protection Preserve. Landso acquim"mn-A��unds authorized under this Article shall remaip. -in a natural state :�k�V�mana�R�so-i� to jW�petdiaife- the natura ecosyst��Of I said lands as a nature ,pre�er-Ve'tinder § Cl-Zgf th'is Charter, t the so e�exeepfiofi-6f those portions of said lands which the Suffolk County Legislature may determine as being necessary for use for water supply production and distribu- tioft, including ancillary facilities required specifically for such production and distribution. B. Before any parcel shall be acquired pursuant to Oils Article by the County of Suffolk, it shall be reviewed by the Boar'd of Trustees of the Department of Parks, Recreation and Conservation, minus its ex officio members, which shall, pursuant to § C28-3A of the Suffolk County Charter, recommend to the Commissioner of the Suffolk County Department of Real Estate any parcel to be acquired under this Article which has been approved by an affirmative vote of the entire membership of said Board, minus the ex officio members thereof, taking into consideration the criteria, time considerations and priorities which said Board shall establish in order to implement the purposes of this Article. C. The Commissioner of the Suffolk County Department of Real Estate shall not enter into any negotiations for the acquisition of, nor consummate the acquisition of, any such parcel so contemplated unless and until said parcel has been recom- mended by said Board for acquisition. D. The Commissioner of the Suffolk County Department of Real Estate shall not be authorizedto enter into any negotiations for the acquisition of, nor consummate the acquisition of, any such parcel which will require the expenditure of county funds in excess of the appropriations provided therefor unless and until sufficient additional appropriations are provided by this Legislature. C66.5 5-25-89 CA-4 SUFFOLK COUNTY CODE § C12-4 C12-4. Payment of costs. A. In'the event that the New York State Legislature enacts enabling state legislation, prior to November 30, 1989, for the explicit purpose of extending, within the territorial limits of the County of Suffolk, the additional sales and compensating use tax of one-fourth of one percent(Y4 of 1%) imposed by the County of Suffolk pursuant to the provisions of § 1210 of the New York Tax Law and Suffolk County Resolution No. 823- 1984,1 and, in the event that the County of Suffolk extends, prior to November 30, 1989, by appropriate legislative action, within the territorial limits of the County of Suffolk, the additional sales and compensating use tax of one-fourth of one- percent(%of 1%)imposed by the County of Suffolk pursuant to the provisions of § 1210 of the New York Tax Law and the Suffolk County Resolution No. 745-1968, as amended by Resolution Nos. 114-1972, 115-1972 and 823-1984, then any revenues generated by the extension of such one-fourth-of-one- percent sales and compensating use tax, so authorized by appropriate state and local action, shall be used for the payment of any and all costs associated by the program authorized by this Article for the period of December 1, 1988, to December 1,2000. In addition,every effort shall be made to apply for any state or federal aid money that may be available to defray the costs of this program. B. Any such sales and compensating use tax collected pursuant to this Article shall be held in a Water Quality Protection Reserve Fund ("reserve fund")which shall be created for such purpose and established as of January 1, 1989. Moneys in the reserve fund shall be expended for the purposes specified in this Article. Moneys in the reserve fund may, in the event that obligations have been issued to pay the cost of either the acquisition of land in the Pine Barrens Wilderness and the Water Protection Preserve or the cost of any capital project to be undertaken as part of the Water Quality Protection Program, be expended to pay debt semce on such obligations from the reserve fund. [Amended 6-28-88 by I.L. No. 35- 198821 Editor's Note: This�Iution and those reaelutions subsequently na.rned in this section are: on file In the offices of the County lAgisliture. 2 Editor's Note: nis Imal law was approved at referend= 11�8-88. C66.6 5-Z5-89 § C12-4 CHARTER § C12-5 C. Notwithstanding any provision of this Article to the contrary, this Legislature may, pursuant to the provisions of the Local Finance Law, authorize the issuance of general obligation serial bonds and/or bond anticipation notes to pay the cost of both the acquisition of land in the Pine Barrens Wilderness and the Water Protection Preserve and the cost of any capital project to be undertaken as part of the Water Quality Protection Program. Any issue of such obligations may be additionally secured, as this Legislature shall determine, by the irrevocable pledge of such portions of the sales and compensating use tax proceeds allocated to land acquisition pursuant to § C12-5A of this Article or to the water quality protection programs pursuant to § C12-5E of this Article, respectively. [Added 6.28-88 by LJ�No. 35-198821 C12-5. Acquisition progrant costs and related expenditures. [Amended 6-28-1988 by LJ� No. 35-1988- 1 6-9-1993 by L.L. No. 26-1993,1 6-11-1996 by";4o.21-199651 oyidd NOTM Local 1,aw No.2&1993 which amended I CIS-SE,Also In as fonow`c section L Lgi-Istive intent. This IegislAturt hereby finds and deLerminef that InAuagemset of the County Drinking Water protection Program is vtrtuAUY noolMiatmt at the present time bacenes' of overlapping and confusing administrative-Olig""'autm Of Pura"unal'roupossibil"tia" andjurisdiction for this program. This lAgisiature further finds and determines that this lack of management tbra&taus the primary euvirmUsOntai protection objecUvvs of the program which can readily be eroded by administrative manipulation and distortion, ,is to pra�aut such abuses ft occurring in the Therefore, the purpose of this Is' ithle,the Department of I�w"the rut. by"tablishing the Divi-ims Of Real Estate w entity with primary jurisdiction and responsibility for the program. section&Forux of proposition. lecturete at the owd g..6r.1 election The proposition to be submitted to the form: pursuant to Section 7 of this law nbnll be in the following 3 Editoes Note-This local law wSS APPre'Od at referendum 1141-196L 3 &Ute.Note:This local law�-PPro'Od at referendum 114i"Mg- 4 rAitoes Note:Local Law No.26-IM waS-VPr0VOd at referendum 5 Edite.N.W:TI"l..11Aw- ppr."d.trafereodumll-5-19M C66.7 3-25-97 § C 12-5 SUFFOLK COUNTY CODE § C12-5 Shan Resolution No,38&JM3�Adopting a Charter Jaw to Provide Management Of the onequarter Per Cant (114%) Drinking Water Protection Program by the County Di,Wm of Rea Estate,be adopted?" Section a.Applicability. This law hall apply to the allocation of any .I.,and covepeneatig.vas tax Me"on or after the effective date of this law. NoTE.JAcal Law No,21-ION Also provided as follows: Section L Legislative intent. Th"Legislature hareby find,and determine,that the Pr&MsrTRtlOn Of eavrou"on- tally 'madtive land wadn the County of Suffolk and the protection of vital water resource,WO ofamottal edffufficance to the promotion of thehealth,safety and general welfare of the people of the C;aunty of Suffolk This Legislature further finds that the Pemv&jiun of such land,and water rm0Urc&s Will protect, enhance and promote the Muntyme inherent physical and Aesthetic qualities which be"captured the attention,fancy and imagination of the residents of this county as well as numerous visitem This Legislature also ands and datermines that recent nodon by the Now York State UgislAt. to onact the Long Island Pine RarroM Protection Act bas provided a comprehensive settlement of the Issues,that previously divided developers and anviron. sn"t'lixts by creating a lend use plesel. mechanism to protect and develop the central Ph"Barrens ares of Suffolk County,which program requires muAble funding by the state,local and federal ffoeMuffiVot in order to be offecti"IY t3nPlcmmt*& This lWjsl&usra.1,c finds and determine,that Local Law No.40-1087 and LADCAI LAW No. M-1903, establishing . O.O.Fourth-pmmt County Drinking Water Probbetic- Program,oach approved by the electorate for the purpose Of astanding a on�fourth- percent Notes and compensating use tes awou& December 1, 2GOO, combined land acquisition,with water quality Protection and tax xaitlgftflo� $25,000,000 ba such This Legislature further dud, and deterinines that the ne' Of the County of Suffolk to fund a portion of the ,mWs general food -GO." by that Operating budget "PrOeffluts m act of bad faith on thm part of Suffolk County threatens to compromise the integrity,go,"and objectives of the existing ono-fourth- percent co,.ty Drinking Water PrOtOctim Program as originally coutOmPlAtalL Therefor,the purpose of this law is to MAMWO so orderly,rational.fisMaIlY Prudent, .04-Offe.tiv% carefully structured Program Of mvireenamon' Protection "arrce'ly targeted at unique mvirMoambd resources in the plus Barren, wbkh are vital to watershed,nonlogical and aquifer PrOtolion for the residents of Suffolk County that will be coupled with protection of the Ons�Fourth-Perofflftt COanty Drinking Water Program against my diverson of funds fm, land acquisition via = Protective protection Program to menore the ass of uWaloceted amendment to"Ad Drinking Water fmda� be"and beyond&minimum statutory allocation Of 10%fee ter"H4 for the -wkIRDA (inclusive of beach nourishment) Acquisition of ph"Beem,lmd as wen"P by prhibitkng the use of the remaining onallocated remove foods for purposes other ths.land acquisition. section&SEQRA Determination. This Lmffbd&tora�being the State Environmental Qndity Review Act (SEQRA) lead sguncy,hereby find.and datarmine,that this law constitut"a 731M 1 Action Pormant to Section 617.13(b)(1)Red(4)Of Title Vi of the New York Code of Rules and Regulations (NYCUR)and will not he"A significant Impact co the seviramsent within the me of 18-0109(2) of the NEW YORK KNV'RONMENTAL CONSMVATION LAW for the A. Enactment of this IAW will not nceed my of the criteria in Section 011-11 of Title VI NyCRR which sets forth thresholds for determining significant effects on the mVhemmnL Drinking Water PrOtOodon Program of Prom"lOg IL This law will continue the hens........talimpact.in.1-Al- thefoll.wijr. (1) It will provide anhanced Protection of groundwater quality and quantity through P-- �vatian of additional abome-lying Fine llmvms� arms, of the Central Plus Barrens and parklands (inCI04VO Of beach uO.Ahent allocation)in"many It"towns;and C66.8 § C12-5 CHARTER - § C12-5 of =4 pine Barrens (2) It Will 'u'ure huplu'"Oehtion tthunent of the protection Act and will advance henea that have divided dOvOl-Per'and anvirOuXuantsamts by enwor'ug onaitent funding to Protect and develop the Central Pine B&rre"a area of Suffolk County,which proffrno r'qhvmi funding by the atate,local govereneent,J.order to b--ffo-tt"ly bul"Ou"'t-& and federal tions for C. This law enee.tially coestitutee a proululgatiou of'ole, and reg.1 promrving the iDwgrity of the One-Fourth POOCOnt Drinking Water P"taction prop,on wbilie shaultanneudy providing enhanced protection Of the Central pine Barrox,a thr011ib&"'Ove'ecure funding aae-h--iaa� protect and D. Thim law AffOrda an opportunity for the county to aoquh*p at of uua� preaerve pgridand.1,areaM Of the eenoty not receiving the full ban ona' fourth-percout land -.q-'AtluMa prer""ay "thorin"i under the Fourth-parcent Drinking Water Quality Frotartion n'Offrome. F'rther'nore' in accordance With Section Cl.A(A)(1)(d) Of the SUFFOLK COUNTY CELARTER and Section 2794(C)(4)of the SUFFOLK COUNTY CODE,the Suffolk County -odate& council On Quality(CEQ)jo hereby directed to prepare and cirO jMQSA notice of detarmainAtion Of Ine'a'gn"luence in no'cordeno'with th"r"'Olution' Section&Applicability. This law aludl apply to fund,available for aucation on or Aft"the effective date Of thla law. ral CU action The propoitio,to be .junitted at the net 9-00 010 M Por'n"Ot W 8 So( thim law-b-11 be in the following forou Shan Revolution S91.1no, Aanding the County ODO'y"ro"Parneat Drinking Water Protection PrOgraun to Uen 99%of Ali gurplue Fnuds in thin ProgrInn for Coun,tY- wide Land Acqrdaitt=4 Instead of Gormr.1 GoverrOnent Purpoece,Coupled with the u*a OM Ofuch foods for County rarkland OperstinoX and Snuority-SO Approved?' Section&Effaud"Dat. in the off'on of the Secretary of affect Jounediately OPOO fill" Tb"law hall take the qualified 6100tOr'Of the County of State if it j.approved by"&MrMlAti"vote of� Suffolk voting upon & proposition for ita approvid at the next can" election in the proviiona of 134 of the Now York Municipal House Rule Law.After confartaltY With -torate, this low, " well " any other law converted into a approval by the *loc L(4)of the Now Y=k Mu-ldP-1 linne Rule Law, zmandatory refurandtan puranant to 134 uneuded,modified,repealed or altered bya"teafthecountyLeffialat. renyonlybe by M--t-Ont Of an appropriate charter law subjact to --dtovy referOodual in accordance with prevailing IAw- section 9.coollicting referenda. the ballot,pertaining to or addraosing in tha event that there are other referenda oo anbatandelly the 84110 I*a"fa"ara contained in this law,1�� the provisioua Of the the electorate receiving the granteat number of Affirtlativs"tee Measure approved by -Oneure,or"',,eurns. "the cane unty be, ban be ban prevail, and the alternative dagoned uoJI and void. A. The first priority of this program shall be the acquisition of landin the Pine Barrens Wilderness and the Water ent fonds Protection Preserve, For this purpose, suffici Shall be set aside during the course of this program to allow for the acquisition of the maximum amount of acres which may be av'-ailable in the Suffolk County Pine Wilderness and Water Protection Preserve Barrens lands. For each year of this program, pursuant to this article, not less than 40% of the total sales and compensating use tax shall be expended and/or set aside C66.9 3-25-91 § C'1'2-6 SUFFOLK COUNTY CODE § C12-5 for the exclusive purposes set forth herein and in § C12.6B, unless funds are advanced through borrowing or financing agreements. These lands shall be acquired in accordance with the prioritization procedures and acquisition criteria set forth in Article II of Chapter 634 of the Suffolk County Code. At the end of each year, any funds set aside pursuant to this subdivision shall be put into and kept in a separate appropriation within the reserve fund. This appropriation within the reserve fund shall not be used for any other purpose until said land acquisitions are completed in accordance with this article. Over the life of this program, 52% of the total sales and compensating use tax, together with 65.34% of unallocated, uncommitted reserve funds determined by the compute model for this program prepared by the Legislative Office of Budget Review, and calculated for fiscal years 1996, 1997, 1998, 1999 and the first 11 months of the year 2000, shall be used for Pine Barrens Wilderness and Water Protection Preserve acquisitions and related administrative costs which shall be limited to underwriting and bond counsel costs associated with acquiring said land. Approximately 15% of this 52% or 7.8% for land acquisitions and related costs, over the life of the program, shall be for land acquisitions based upon the recommendation of each respective town where such lands are still extant, as such lands are defined in § C12-2A and B of this article. Such recommendations for such land acquisitions shall be subject to review and approval by the Environmental Trust Fund Review Board and the County Legislature pursuant to § C12-5D(6). These town-recommended lands which are acquired by the county shall not, be subject to the provisions of § C12-6B. For the purposes of this subsection, the expenditure of sales and compensating use tax proceeds to pay debt service on obligations issued to pay the cost of the acquisition of land in the Pine Barrens Wilderness and the Water Protection Preserve shall be included in computing the percentage of the C66.10 3-2Z-97 § C12-6 CHARTER § C12-5 total sales and compensating use tax proceeds expended for the purposes set forth herein. B. Payments in lieu of taxes shall be made as follows: During the life of this program, whenever property is acquired by Suffolk County pursuant to this article and, as a consequence, is removed from the tax rolls, the County of Suffolk shall make payments in lieu of taxes to municipalities and school districts and any other eligible taxing districts, except for the County of Suffolk and any of its taxing districts, for a period of five years, except that no payments shall be made for any year after the expiration of this program. These payments shall be made, where applicable, as follows: For the first year that such property is removed from the tax rolls, payments shall be made in an amount equal to 100% Of the taxes and assessments which would have been received for that year by each such jurisdiction if such acquisition had not occurred; for the second year, payments shall be 80% of the applicable amount; for the third year, 60%; for the fourth year, 40%; and for the fifth year, 20%. The payments for each year shall be based on the assessment for that year in which said property is removed from the tax rolls. C. For each year of this program, no more than lo% of the total sales and compensating use tax collected for that year shall be used to reduce the count/, s general property taxes for the subsequent fiscal year by being credited to revenues in direct proportion to taxes assessed and collected by the County.of Suffolk from parcels within the county. The remaining 2% of these proceeds shall be used to fund operating and security expenses on county-ow-ned or county-lessed parklands. The funds for this purpose shall be guaranteed on an annual basis. In no 4vent shall the aggregate tax stabilization component contained in this subsection exceed 22% of the total sales and compensating use tax proceeds generated over the life of the program by implementation of this article. C66.11 3-2Z-91 § C12-5 SUFFOLK COUNTY CODE § C12-5 D. Suffolk County Environmental Trust Fund. (1) Creation;purpose. (a) A Suffolk County Environmental Trust Fund (atrust fimd")is hereby created. A portion of the funds acquired under this program shall be allocated annually to this trust fund. The moneys in this trust fund shall be made available to the towns for the purposes of capping and closing municipal solid waste landfills, identifying, characterizing and remediating toxic and hazardous waste landfills and for other purposes as provided in § C12-5D(4). These funds shall be allocated annually, pursuant to the provisions contained in § C12-61), and based upon the following. formula: $10 per capita for the towns of 100,000 or more in population; $15 per capita for towns fewer than 100,0oo in population; provided, however, that in no event shall the annual allocation to the trust fund exceed 40% of the total sales and compensating use tax collected for that year pursuant to this article. Payments to the towns from this trust fund shall be consistent with the above formula as applied to the respective towns. in the event that this forty-percent limitation comes into effect, then the payments to each town shall be reduced in proportion to the percentage share each town would have received if the forty-percerit limitation had not been in effect. The formula for Ann', payments for any given year, to any given town, may be exceeded for that year if funds are advanced ai%described in § C12-51)(5), but the total of any advanced funds, together with any other payments made to the towns pursuant to § C12-5D and any related admini trative, legal or borrowing costs, may not exceed the estimated share to any given C66.12 3-26-07 §C12-5 CHARTER C12-6 town over the life of this program, based upon the formulas provided herein. (b) For towns where lands are still extant which fit the definitions of Suffolk County Pine Barrens Preserve or Suffolk County Water Protection Preserve, as deftned in § C12-2 of this article, no less than 75% of their respective allocations shall be used for acquisitions of such lands. Land acquisitions made pursuant to this requirement shall be made by the county, on the recommendation of the relevant town In accordance with the provisions contained within § C12-5A_The county shall retain such amounts from the allocations to the respective towns which are calculated pursuant to § C12-51)(1)(a) above. (2) An Environmental Trust Fund Review Board shall be created and shall be comprised of the County Executive, each of the 10 Town supervisors, the commissioner of the county's Department of Health Services and the Director of the county's Planning Department, or their respective designated repre- Bentatives. This Review Board shall be responsible for reviewing requests and making recommenda- tions for the allocation of moneys to the towns, from the trust fund, for the capping and closing of municipal solid waste landfills and/or for the identifying, characterizing and remediating of toxic and hazardous waste I S. (3) The Environmental Trust Fund Review Board shall convene at the earliest possible time to prepare an estimate of the moneys that shall be available to the trust fund over the life of the program. The Environ- mental Trust Fund Review Board shall then take this estimate and apply the various formulas contained in this Article to determine the appropriate estimated annual allocations, the appropriate estimated overall allocations and the C66.13 3-25-97 E C12-5 § C12-5 SUFFOLK COUNTY COD appropriate estimated amounts which may be the subject of advanced funding, financing and borrowing. The Environmental Trust Fund Review Board, within sixty (60) days of its convening, shall issue a written plan, based upon these estimates, containing the estimated amounts and percentages, its borrowing recommendations and/or borrowing contingencies, along with a breakdown of principal, interest, time frames and the related costs. The Division of the Budget, within the office of the County Executive, shall assist the Environmental Trust Fund Review Board with its responsibilities as contained herein. (4) In the event that a town wishes to use funds available to it pursuant to this section for other en- vironmental and water preservation projects consistent with the provisions of § C12-5E(2). and the formula set forth in § C12-6D(l), it shall first present to the Environmental Trust Fund Review Board that there is no demonstrable need for allorating trust fund moneys for the purposes of capping and closing municipal solid waste landfills or for the identification, characterization or remediation of toric or hazardous waste landfills. If the Review Board is then satisfied, upon the presentation of evidence, that there is no demonstrable need for funds for such purposes, the Review Board may find, by a majority of its members, that there is no such need, and may allocate funds for other allowable environmental or water preservation projects, subject to review and approval by the Suffolk County Legislature pursuant to Subsection D(6) of this section. (5) In the event that the county enters into any borrowing or financing agreements for the purpose of advancing funds for the purposes provided in § C12-51)(1), then the trust fund shall be reduced by an amount equal to any and all costs incurred by the C66.14 3-25-W § C12-5 CHARTER § C12-5 county and related to such borrowing or financing agreements. (6) Upon an affirmative recommendation of a majority of the members of the Environmental Trust Fund Review Board of a town's plan and upon approval by the Suffolk County Legislature of such a plan, funding shall be made available to the towns through the annual capital budget and/or expense budget processes. Each town's plan shall be acted upon annually, if appropriate, and individually. The towns shall report nnnuAlly to the Environmental Trust Fund Review Board and to the Suffolk County Legislature, regarding expenditures made during the previous fiscal year, the status of the projects being Rinded. and the other sources of funding for such projects. (7) If a town has not complied with the programmatic intent of its approved program, then the Review Board or the County Legislature may withhold moneys in an amount equal to the amount affected by the noncompliance in future years. E. Water Quality Protection Program and enforcement. (1) Any surplus funds which exist under this program on an annual basis, after first meeting the obligations under § C12-5A through D and C12-6, shall be allocated to the acquisition as determined by the County Executive and the County Legislature via duly enacted resolution of the County of Suffolk, through the annual budget appropriations process, as follows: (a) One-third of any such surplus funds (32.66% of unallocated, uncommitted reserve funds determined by the computer model for this program prepared by the Legislative Office of Budget Review and calculated for fiscal years 1996, 1997, 1998, 1999 and the first 11 months of the year 2000) shall be allocated to the C66.14.1 3-25-97 C12-5 SUFFOLK COUNTY CODE § C12-6 acquisition of parkland (inclusive of beach nourishment allocation) in the Towns of Huntington, Babylon, Islip, Shelter Island and/or Smithtown, based on each town!s pro rats. share of the county-wide population (most recent LILCO figures) as determined via duly enacted resolution of the County of Suffolk; and (b) Two-thirds of any such surplus funds (65.34% of unallocated, uncommitted reserve funds determined by the computer model for this program prepared by the Legislative Office of Budget Review and calculated for fiscal years 1996, 1997, 1998, 1999 and the first 11 months of the year 2000) shall be allocated to the acquisition of land in accordance with § C12-5A of this article, as determined via duly enacted resolution of the County of Suffolk. (4) The management, administration and day-to-day supervision of this program shall be provided by the Division of Real Estate in the County Department of Law, which Division shall be responsible for maintaining the official records of land acquisitions conslimmated and moneys expended pursuant to each of the funding components of this Axticle. C12-6. Sewer districts guaranty." A. The Southwest Sewer District and all other sewer districts within Suffolk County which are currently receiving sales and compensating use tax distribution from the present sewer district quarter-percent sales tax shall be guaranteed an amount during the term of this Article equal to the closing fund balance of the present Assessment Stabilization Reserve Fund at the end of by 1.1. No, 35-1"8. wbich local law also provided for the renuanbering of forraer H C12-7 and C12-8—11 ClZa and C12-7,rewpacti,.1y. C66.14.2 s-25-97 § C12-6 CHARTER § C12-8 1988, and an amount equal to the actual amount of the sales and compensating use tax that would have been collected from the sewer district quarter-percent sales tax in 1989. B. This guaranteed amount shall be all'ocated to the Assessment Stabilization Reserve Fund M' the form of the actual closing fund balance for 1988, and a credit memorandum for the actual 1989 collected sewer district quarter-percent sales tax. For 1989 and the ensuing years of this program, the amounts required to continue tax stabilization for these sewer districts shall be allocated through the annual budget appropriations process until this initial guaranteed amount shall be fully depleted. C12-7. Expiration of Article. In the event that the sales and compensating use tax extension contemplated by § C12-4A is brought before the County of Suffolk for legislative action and approval, then such sales and compensating use tax extension may only be approved by the County Legislature and County Executive on the condition that the resolution, local law or Charter law imposing such extension contain a condition, term and/or provision mandating the expiration of such sales and compensating use tax extension no later than December 1, 2000. § C12-8. Construction with other laws. [Added 6-28-1988 by L.L.No.35-198fl Notwithstanding any law to the contrary, expenditures pursuant to this Article shall not be subject to §§ C4-6B, C4-10E, F and G and C4-11D of the Suffolk County Charter. (Cont'd on page C66.15) 7 C66.14.3 3-25-97 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. August 2, 2004 Mark Terry Senior Environmental Planner Town Of Southold Planning Board Office P.O. Box 1170 Town Hall, 53095 State Route 25 Southold, New York 11971-0950 Re: Nofo Associates Contract with Suffolk County Water Authority Dear Mark: Per our conversation, enclosed please find Water Authority contract. Note paragraph 8 at page 3 of the rider, an additional single page of which is enclosed. Very truly yours, 9k, PETER S. DANOWSKI, JR. PSD:gsg Encls. HAND DELIVERED Clerk's records of the recording hereof, if and when tile same is available. 5. Any rule of strict construction designed to limit the breadth of tile restrictions oil tile use of the Premises shall not apply in the construction 01' interpretation of this casement, and, this casement shall be interpreted broadly to effect the purposes of this casement as intended by Grantor. med 6. Grantee acknowledges, agrees and accepts that this grant of easement shall be dee to have been made pursuant to and in accordance with Article XII of the Suffolk County Charter, as amended, and effective as of November 30, 2000, including but not limited to §C12-3(A) as set forth in Schedule B hereto, and Grantee shall, be and remain in compliance therewith, in perpetuity. 7. Notwithstanding anything to the contrary, the Grantor, its successors and assigns, its invitees, anyone who legally uses the Grantor's premises, shall have the reasonable right to reasonably cross over said easerrient, so long as the Grantee's usage, as stipulated in this grant of easement, is not obstructed thereby. 8. The Grantee shall maintain said casement in good repair at its own cost and expense. 9. The Grantee shall, at its sole cost and expense, defend and indemnif� the Grantor, and its successors and assigns, for any liability whatsoever (including reasonable attorney fees), related to the grant and/or Grantee's use of this casement, which shall be deemed to include but not be limited to the installation, operation, maintenance and iepair of water mains and/or appurtenances and ancillary facilities pertaining thereto. IN WITNESS WHEREOF, the Grantor has executed and delivered and Grantee has accepted this easement and Grantor and Grantee have hereunto set their respective hands and seals, caused 3 LAW OFFICES PE7ER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. July 27, 2004 Southold Town Planning Board P.O. Box 1170 Town Hall, 53095 State Route 25 Southold, New York 11971-0950 Re: Subdivision for John McFeely SCTM# 1000 - 125 - 01 - 14 Dear Sir or Madam: In connection with the above matter, enclosed please find Affidavit of Posting, with certified mailing receipts and signed green return receipt cards. Very truly yours, (0�� k-07^1 PETER S. DANOWSKI, JR. PSD:bp Encls. cc: John McFeely AFFID"IT OF POSTING This is to serve notice that I personally posted the property known as n/o NYS Route 25 and the LIRR Easement in Laurel by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on . August 9, 2004 _ I have sent notices, by certified mail – return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on July 15, 2004 PETER S. DANOWSKII JR. Your Name (priob �Izww Signature (i 616 Roanoke Ave. , (PO Box 779) , Riverhead, NY 11901 Address July 28, 2004 Dat —a 116� Notary Public GAM S.GMS N d PWW6 ft b 0 1&W ya 1k Anuarj 31.20� OMW C=Mk8FME%*n::W*rg.Zj PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 p.m., Fri., 8/6/04 Re: Proposed Mamor Subdivision for John McFeel SCTM#s: 1000-125-1-14 Date of Hearing: Monday, August 9. 2004, 6:10 p.m. SCOTTR. ALBRECHT 5665 MAIN ROAD MATTITUCK NY 11952 SUSAN DENICKER 49 TWIGG LANE LEVITOWN NY 11756 MR. DAREN PFENNIG P.O. BOX 45 MATTITUCK, NY 11952 TOWN OF SOUTHOLD 4995 MAIN ROAD SOUTHOLD, NY 11971 SUFFOLK COUNTY WATER AUTHORITY 4060 SUNRISE HIGHWAY OAKDALE, NY 11769 Southold Town Planning Board Notice to Addacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a major subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#sIOOO-125-1-14; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application is to for 6 lots on a 30.785 acre parcel where Lot 1 equals 1.67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres. The Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open space purposes. The project is located n/o NYS Route 25 and the LIRR easement in Laurel; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd Fl., North Fork Bank). Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, August 9, 2004 at 6:10 p.m. in the Meetincl Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Nofo Associates/McFeely Major Subdivision Date: 7/14/04 M117M M 1:3 M ru, rurk M ru, 171 $ C3 C3 171 C3 Contend Fi,. M C3 penmai C3 Return Receipt F. Postmark r3 ,a (Endomei Ri He's CCI C3 E3 Restricted Delivery j3 (End.ma,l,e.tR.i CG F"'t""dt) I! r1J Total Postage I Fees C3 tE,J�Isr C3 C3 Tmt'j 0-t 17�-gent—To -- 1:3 SCOTT ALBRECHT Mr"i HOI D ............------------------ ................ .............----------------- ............ SOUTHOLD ---- ir� � PO B 1179 orPOSou,Noi Naiih Rd. at; N RD. , PO B6I ......... f!T�'0 ------------------------------------------------------------------------- or RD 130� MAI . .. ........................... MV 11QS9 L971 t aaaaieigilll St f�. P NY 119 C3 J,S- Postal Service CERTIFIED ru ;1119141 MAIL RECEIPT Wit -I- (Domestic Mail Only; No Insurance Coverage Provided) ru M rul ru M ru[ L' S E 171 C3 postage $ 171 P.Insig. $ C3 E3 C3 C3 Cerfified Fee C3 Certified Fee C3 Return Postmark Postmark -0 (FirldorsenteReopli C3 Return Receipt Fee Hens C13 mt Re )too Him (Endorsement Required) " --77 P-acag- 7 C."lad Fee aq.t.-JR—lict F:1 l- rm R-qui r Dal r Restricted Delivery Fee 3 Restricted Dell" F CE) (Endommarnamit RI ed 'led) C3 (Endorsement Required) rU TOW Postage&Fees $ ru T0wIPoGtago&Fees C3 0 t91- C3 ---------------- C3 "i COUNTY C3 Sei WATER AUTHORITY mR DARREN PFENNIG . - --......... .. ...45--------------------------------------....... 1i5wii';iwi.wa, ------------- ---I---*---I- -----4-0---6-0-----SUNR-IS-E*-HIG*HW-AY------------------------- PO Box No. ------*---I-----11---------------------------—------------------- ---- Tq�u&.. .....H OAKDALE NY 11769 Tim- :z3cm=l u.s Postal Service CERTIFIED MAIL RECEIPT Coverage Provided) (Domestic mail only; No insurance ru rn ru r- s Postage $ C3 1:3 C3 Certified Fee Postmark ,p C3 Return Receipt Fee Hem _011 (Endorsement Required) do Restnot:ecl Calivari Fee I. 1:3 (End.moinnent Repi y rU Tosposmag.&Fses 7$ 4, C3 E:3-S-ent—To 171 SUSAN DENICKER ..........7------- P-t.IN ,LStre-eti��;04-------------------------------------------- or Po Box No. 49 TWI LANE GG_ -------------------------------------------- -------------------- .................... W, , 6ti stttjjtACwN NY 11756 —.......... SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON OF LIVERY omplete items 1,2, and 3.Also complete am 4 if Restricted Delivery is desired. A rint your name and address on the reverse Addresses so that we can return the card to you. B. Received by rinte a e) C of 0 ivory 0 Attach this card to the back of the mailpiece, �"b s or on the front if space permits. 1. Article Addressed to D: Is Tdelivery address different from item 1. es If YES,enter delivery address below: MR DARREN PFENNIG PO BOX 45 MATTITUCK NY 11952 3. SeNice Type 43 Certified Mail CI Express Mail 0 Registered M Return Receipt for Merchandise 11 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fissi 71 Yes 2. Article Number (rranster from service label) 7002 0860 0007 4232 4427 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-Mi SENDER: COMPLETE THIS SECTION I COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signat item 4 if Restricted Delivery is desired. 79� Agent • Print our name and address on the reverse so that w can return the card to you. ddressft • achth card to the back of the mallpiece, B. Received 4Y(Printed Name) C. Date of Delivery on t�e ront if space permits. Vm"C"A-tA It.- i4jill 1. icle A ressed to: Is di address different from item 1? ElYe-s YES.enter delivery address below: 13 No TOWN OF SOUTHOLD -0 4995 MAIN ROAD 16't PO BOX 1179 SOUTHOLD NY 11971 ice Type N - IN Certified Mail 0 Express Mail 0 Registered 4D Return Receipt for Merchandise 11 Insured Mail 11 C.O.D. 4. Restricted Delivery?Extra Fes) 11 Yes 2. Article Number (Transfer ftom serviceiabel) 7002 0860 0007 4232 4403 PS Form 3811,August 2001 Domestic Return Receipt 102595�02-04-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 0 Complete items 1,26ealnd 3,iA"O Clomp'ete A. Signal: item 4 if Restricted ivery a des ed. 0 Agent Print our name and address on the reverse h t we can return the card to you. 11 Addressee this Card to the back of the mailipiece, B. Received lb��ted Name) C. Date of Delivery itihe front if space permits, L � c--) I 1. Article Addressed to: Is 081 address different from item 19 0 Yes If YES,enter delivery address below: 0 No SUFFOLK COUNTY WATER AUTHORITY 4060 SUNRISE HIGHWAY OAKDALE NY 11769 3. Service Type 50 Certified Mail 0 Express Mail 0 Registered EX Return Receipt for Merchandise 0 insured Mail 13 C.O.D. 4. Restricted Delivery?(Extra Fles) 0 Yes 2. Article Number (Tmnsfer from servce laim 7002 0860 0007 4232 4410 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 2 0 Agent lure 0 Addres so complete 0 of eliv desired (Pj N --I a Complete 1 cted Delivery 111 on the�ze B Yes item 4 it Reat" d add W`17 name an rd to YOU' [3 NO 0 print You' return the" I the mallplece, so that we can thebackO D. is detWery add e ad blk'W' Attach this card to ce permits. 1,YES,enter d ry of 0 fine front If spa 1,YES,enter d A,,.j.Addressed 11 SODTT ALZP'Ecin 5665 M'lt4 PN'OYAD11952 3. Se"Gerype 0 Express mail Merchandise 10 Codified Mail N Return RaCelPt to 0 Beget C3 C.O.D a insured 0 Yes 4. Restricted Delivery 7(Etrs Fee) 4.2-3? 4TV? U2 Ge,6 102695,02-,A.1540 2. Article Number" . label) ran fer from sen"ce 2001 DIM'stic Return Recelpt p Vo 3811,August COMPLETE THIS SECTION ON DELIVEPY i SENDER: COMPLETE THIS SECTION A. 19 um ,m Complete items 1,2,and 3.Also complete Agent item 4 if Restricted Delivery is desired. x 0 Addresses • Print your name and address on the reverse led Name) C. Date of Delivery So that we can return the card to you. eived by (-I-0q • Attach ihis card to the back of the mailpieCe, i — or on!_I front if space permits. D. 1,delivery address different from Item 1? U Yes I. Article Adj7sed to: If YES,enter delivery address below: 0 No SUON DENICKER 49 *WIGG LANE LEVITTOWN NY 11756 3. Service Type 13 CWtiffed Mail 0 EXPraSS Mail [3 Registered W Return Receipt for Merchandise 0 insured Mail [3'nn 4. Restricted Delivery?Ill 1") 0 yes .(Fw-sfer-from s 132 13860 UGQ 102595-02-M-1540 PS Form 381 ,August 2001 Doi PIANNING BOARD MEMBERS JERILYN B.WOODHOUSE P.O. Box 1179 Town Hall, 53095 State Route 25 Chair CO3 Southold, New York 11971-0959 RICHARD CAGGIANO oc Telephone (631) 765-1938 WILLIAM J.CREMERS kP KENNETH L.EDWARDS Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 9th day of August, 2004 on the question of the following: 6:00 p.m. Proposed Set-Off for Vicky Papson. The property is located on the south side of Main Rd, +/- 400' east of Kayleigh's Court, in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-31-13-7 6:05 p.m. Proposed Minor Subdivision for John Scott and Sandra Tuffy (formerly Scott). The property is located at 31025 Main Road, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-2-23.4 6:10 p.m. Proposed Major Subdivision of John McFeely. The property is located n/o NYS Route 25 and the LIRR easement in Laurel, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-125-1-14 6:15 p.m. Proposed Set-Off and Lot Line Change for the Estate of Alice G. Duffy. The property is located on the east side of Railroad Avenue, 365.25' north of Hummel Avenue, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 63-2-5 & 6 6:20 p.m. Proposed Site Plan for Bill Fox Grounds Maintenance. The property is located approximately 725' s/o County Road 48, on the w/s/o Peconic Lane, known as 2595 Peconic Lane, in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-74-5-4.1 Dated: 7/20/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, JULY 29, 2004 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times 0 7 9/20'�34 13:49 63129R3297 71ME9-REVIEW SOUTHOLD TOUN FLPNNINII*D FRX NO. 631 765 3136 Oul. 20 2W4 11:32AM PI P.O. Box 1 179 53095 Routs 25 Southold,NY '11971 Sotithold Town Phone: (631) 765-1938 Planning Bo.ard FW. (631)T66-3136 E-Mail: plannIng@Southold.org Fax Tag The Suffolk'nines IFMMI Valerie SoOpSZCeft FM P"ev 2 MOM ontet 72001 se: tegal Ad for T/29104 F-dition CC: U410M For Review Pleaft Commment As Re*msted f Please print the following legal ad in the 7/29104 edition. Thanks. &9104 Regular Meeting; G-00 p.m. Papson Set-Off 6:05 P.m. ScoWuffy Minor SubdiWalon 6.10 pxn� McFeely Major Subdivision 0:15 pm. Duffy W-Off&Lot Line Change G;20 p.m. Fox Site Plan KIndly acknowledge receipt by signing below and fwdng cover letter back. Thankyou! Received b)r PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE P.O. Box 1179 Chair Town Hall, 53095 State Route 25 RICHARD CAGGLANO at Southold, New York 11971-0959 WILLIAM J. CREMERS Telephone (631) 765-1938 KENNETH L. EDWARDS Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Dlanning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 9th day of August, 2004 on the question of the following: 6:00 p.m. Proposed Set-Off for Vicky Papson. The property is located on the south side of Main Rd, +/-400' east of Kayleigh's Court, in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-31-13-7 6:05 p.m. Proposed Minor Subdivision for John Scott and Sandra Tuffy (formerly Scoff). The property is located at 31025 Main Road, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-2-23.4 6:10 p.m. Proposed Major Subdivision of John McFeely. The property is located n/o NYS Route 25 and the LIRR easement in Laurel, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-125-1-14 6:15 p.m. Proposed Set-Off and Lot Line Change for the Estate of Alice G. Duffy. The property is located on the east side of Railroad Avenue, 365.25' north of Hummel Avenue, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 63-2-5 & 6 6:20 p.m. Proposed Site Plan for Bill Fox Grounds Maintenance. The property is located approximately 725' s/o County Road 48, on the w/s/o Peconic Lane, known as 2595 Peconic Lane, in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-74-5-4.1 Dated: 7/20/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 20th day of July, 2004 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 8/9/04 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Set-Off for Vicky Papson SCTM#1 000-31-13-7 6:05 p.m. Public Hearing for the proposed Minor Subdivision of John Scott and Sandra Tuffy (formerly Scott) SCTM#1000-102-2-23.4 6:10 p.m. Public Hearing for the proposed Major Subdivision of John McFeely SCTM#1000-125-1-14 6:15 p.m. Public Hearing f��'the proposed Set-Off& Lot Line Change of the Estate of Alice G. Duff� SCTM#1000-63-2-5 & 6 6:20 p.m. Public Hearing for the proposed Site Plan for Bill Fox Grounds Maintenance SCTM#1000-74-5-4.1 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this Od-Lday of JC4� 2004. MELANIE DOROSKI NOTARY PUBLIC StMe 01 Now Yd* fit I A I w(" 634870 No.01 ON QNM in Suffolk Cou 0 NotaWPublic Conamlon EVIM S"fterlo,au� #7053 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 29th day of July 2004. Principal Clerk Sworn to before me this day of 2004 CHRISTINA VOLINSKI to soma 5'at We NOTARY PUBLIC-STATE OF NEW YORK a"Af*t&XKV of 60 catte of No. 01-VO610505() "1V0bft'ftWft jSoothold To" Qualified in Suffolk county Main sion Expires February 28, 2008 Road,Southold,New York in said To" Commis en4h�M day�fAAIPW441M on the Vicky Papsou=Ws located orr the r cut f K leilr Co j rt,,AW Njnn of iout 'no 'S S. Suffolk:5 "r I . .1k: yt cotinty I Tioi M,.p Ntruber ti 3-7 6:0i4'.M. nor Subdiv' (4 Smdm 2 A iis t M. M�' _%' I I_T of Staw �4 'I'll 4,- M J111 HY #7053 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 29th day of July 2004. Principal Clerk Sworn to before me this day of 2004 CHRISTINA VOLINSKI is to Sm" dw NOTARY PUBLIC-STATE OF NEW YORK 0d.ArJ*_X19V of CW&Of No. 01-VO610505() .'Southold Town Qualifled in Suffolk County stonedratOw't"" commission Expites Febfuafy 28, 2008 11brk in sad on4he 9th,day WAA4""w�the q=1 VF4���' al �A. ,I., Vicky Papg%��located on the sou .,+/400' east -of Kayleligh's Co �ui I Miilt Manon. I!�� 1 11 Of Suffolk,=I_V u olk County Mix Map,Nurnher, 3-7 6:05 Uinor Saruftu is 11 i A 25 TUoL. Same Of ty in, 0 BY —77�� PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE Car& P.O. Box 1179 Chair Town Hall, 53095 State Route 25 RICHARD CAGGIANO -V Southold, New York 11971-0959 r-?T Telephone (631) 765-1938 WILLIAM J. CREMERS 41V Fax (631) 765-3136 KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 13, 2004 Peter Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 Re: Proposed Major Subdivision of John McFeely Located n/o NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: A-C Dear Mr. Danowski: The Southold Town Planning Board, at a meeting held on Monday, July 12, '.004, adopted the following resolution: RESOLVED that the Southold Town Planning Board set Monday, August 9, 2004, at 6:10 p.m. for a final public hearing. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Hall. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 11:30 a.m. on Friday, Auciust 6. 2004. The sian needs to be returned to the Planning Board Office after the public hearing. Please contact this office with any questions. Very truly yours, eerilyn B.�Woodhouse Chairperson encl. cc: Melissa Spiro, Office of Land Preservation Southold Town Planning Board Notice to Admacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a major subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#s1 000-125-1-14; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application is to for 6 lots on a 30.785 acre parcel where Lot 1 equals 1.67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres. The Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open space purposes. The project is located n/o NYS Route 25 and the LIRR easement in Laurel; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd Fl., North Fork Bank). Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, August 9. 2004 at 6:10 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Nofo Associates/McFeely Major Subdivision Date: 7/14/04 AFFID"IT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have chocked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 p.m., Fri., 8/6/04 Re: Proposed Ma*or Subdivision for John McFeel SCTM#s: 1000-125-1-14 Date of Hearing: Monday, August 9. 2004. 6:10 p.m. NOTICE OF PUBLIC IIEAMNG 6 58-1 Chapter 68 NOTICE OF PUBLIC 11FARING § 58.1. Providing notice of public hearings.. (FnSTORyj Adopted by the Town Board of the Town of Southold L247-1995 as L.L. No. 25-1995. Amendments noted where applicable.] j 68.1. Providing notice Of public 110811UP- Whenever the Code mfle for a public heating, this section shall apply. Upon detennining that an application is complete, the board or commission reviewing the same.shall fix a time The board or commission and place for a public hearing thereon, reviewing an application shall prpvide.for the giving of notice: A. By-causing a notice giving the time, date, plum and naUnv of the hearing to be published In the official newspaper within the period proscribed by law. B. 'By'requiring the applipprit to erect the sign provided by which sh� the t-W14 I be prominenW displayed on the prerl/ es facing each public 6r private street which the prcperty involved tti the application abuts,.gMng notice of the application, the nature of the approval sought thereby and the time and pisoo of the publio hearing thomn, The sign shall be set back not more than ten (10) feet from the' ptiDperty Una. The aign shall be 'displayed for a period of net lGis 11M OOM (7) days immealet9ly preoeding the dete .of the public hearing. Amt or IdWher apm�shall Me ad a0lavit-that o*n. s/he has qZ_Uodl pi.ovild C. By requiring the applicant to Bond notice to the oVuM of record of every prioperty whioh labuts and GMY properV which is actess from any publio or pavate street 6801 § SOUTHOLD CODE 58-1 from the property included In the application. Stich notice. shall be made by certifled mail, return receipt requested, posted at least seven (7)days prior to the date of the Initial public hearing on the application and addressed to the owners at the addresses listed for them on the local -assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. 5802 NOFO ASSOCIATES McFEELY MAJOR SUBDIVISION 1 000 = 1 25 = 1 = 1 4 Proposed major subdivision for 6 lots on a 30.785 acre parcel where Lot 1 equals 1 .67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres. The Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11 .39 acres and Lot 6 equal to 11 .39 acres for open space purposes. WONN - AUGUST 9 , 2004 6 : 10 P . M . LAW OFFICES t4i PE-:7ER S. DANOWSKI, JR. 616 ROANOKE AVENUE RO.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 JOHN P.TAGGART, ESQ. FAX(631)727-7451 July 7, 2004 Suffolk County Department of Health Services Office of Wastewater Management Suffolk County Center Riverhead, NY 11901 Attm Craig Knel2per Re: ReL No.: SIO-02-0018 Sub. Name: McFeeley SCTM #1000 - 125 - I - 14 Dear Mr. Knepper: In connection with the above subdivision, enclosed find copy of water availability letter from the Suffolk County Water Authority, for your file. Very truly yours, (21M-1 PETER S. DANOWSKI, JR. PSD:gsg Encl. cc: John McFeely Joseph Ingegno Jeffrey Butler Suffolk County Dept. of Real Estate John Milazzo, Suffolk County Water Authority Mark Terry D , :JU:T:12 Southold Town SUFFOLK COUNTY WATER AUTHORITY 2045 Route 112, Suite 1, Coram, New York 11727-3085 June 28, 2004 (631) 698-9500 FAX (631)698-9851 Peter S. Danowski Jr Esq 616 Roanoke Avenue PO Box 779 Riverhead,NY 11901 Re: Application for public water service Conservation Subdivision of Nofo Associates and John McFeely SCTM#1000-125-1-14 Dear Mr. Danowski: Southold Town has requested that the Suffolk County Water Authority provide public water to the above referenced parcel. The Town has determined that the provision of public water to the parcel is in conformity with the comprehensive planning efforts of the Town. Accordingly,public water service for the parcel will be provided, in accordance with the rates and charges applicable at the time of hook-up. If a main extension is required,you are responsible for paying the costs of the extension and if appropriate,an easement must be provided to SCWA. This letter is not to be considered an action by SCWA as defined by the New York State Quality Review Act regulations or a determination that the parcel is approved for building. You are responsible for obtaining any other permits or approvals that may be required for the proposed project. SCWA shall not be required to provide water for the project until all required approvals have been obtained. For connections to the public water system,there is a key money fee that must be paid in full prior to taking service. The fee starts at$3,000 per service for a one-inch service and is greater for larger services. Please contact the SCWA's new service department at(631)698-9500 for more information regarding the fees and other conditions of service. Very truly yours, �Laivre,ce F.Anderson Assistant Manager LEA:as HAH0ME\SHARED\NEWSERV\0utbound Letten;\A.Lcttm of Availabilay\628nofoapp.doe 41 SuFFOLK COUNTY WATER AUTHORITY Stephen M. Jones Administrative Offices: 4060 Sunrise Highway, Oakdale, New York 11769-0901 Chief Executive Officer (631) 563-0219 Fax (631) 563-0370 July 7, 2004 Mark Terry Sr. Environmental Planner Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Major subdivision of Nofo Associates and Edna A. Beirne SCTM #1000-125-1-14 Dear Mr. Terry: Pursuant to a contract between the Suffolk County Water Authority and Nofo Associates and Edna Bierne, SCWA has agreed to construct a road across a portion of the above referenced premises. The road is to be constructed to Town specifications. As of this writing, the road has been designed and engineered by Jeffrey Butler, P.E., but is not installed. Mr. Butler is the engineer designing the subdivision for the developers. Given SCWA's commitment to constructing the road,SCWAbelieves that requiring SCWAto post a bond is unnecessary. 1,on behalf the SCWA,understand that the Town wants to ensure that the roadwork is completed in a timely manner,however,we cannot estimate when the work will proceed. The SCWA will coordinate the road installation with the Town and the developer in order to accommodate,to the extent possible,their mutual interests. SCWA respectfully maintains that it would not be productive to require SCWA to complete the road within 3 months,only to have heavy-duty construction equipment associated with the further development of the lots disturb it. SCWA's contractual obligation will be fulfilled upon completion of the road. SCWA has neither an affirmative duty nor plans to maintain the road after it is constructed. If you have any questions, please feel free to contact me. Ve ours, y ou ?f&en . Jones I L! JU IL 1 2 2004 L v f tLL hi E uti e Officer fj SMJ:JM:dmm Southold aTo'wn Planning BoarH cc: Peter S. Danowski, Jr. LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. July 2, 2004 Southold Town Planning Board P.O. Box 1170 Town Hall, 53095 State Route 25 Southold, New York 11971-0950 Re: Subdivision for John McFeely - Nofo Associates, Laurel Lake, Town of Southold SCTM# 1000 - 125 - 01 - 14 Dear Sir or Madam: Enclosed find six (6) copies of our subdivision sketch last dated June 22, 2004, showing revisions made to add the 10 foot non-disturbance buffer, as noted in lieu of street trees. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encls. cc: John McFeely Ep- C 'JUL 9 2 Sou',hald Town Pla,T_�'B02rd PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE P.O. Box 1179 Chair Town Hall, 53095 State Route 25 RICHARD CAGGIANO coo Southold,New York 11971-0959 WILLIAM J.CREMERS lt�� Telephone (631) 765-1938 KENNETH L.EDWARDS Fax(631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 2, 2004 John Milazzo, Esq. Suffolk County Water Authority 4060 Sunrise Highway Oakdale, New York 11769 Re: Major Subdivision of John McFeely Road Construction and Maintenance SCTM# 125-1-14 Dear Mr. Milazzo: The Southold Town Planning Board would like to clarify two issues with the Suffolk County Water Authority(SCWA) regarding the Major Subdivision of John McFeely. As to the first issue; it is the understanding of the Planning Board that the SCWA will build the road per the Rider For the Contract of Sale Between NOFO Associates and Suffolk County Water Authority(see cor dition 13). Following standard subdivision application protocol, a bond estimate in the amount of$112,450.00 was calculated by the Town Engineer and approved by the Town Board. The Planning Board has determined that the bond will not be required if the SCWA improves the road prior to or within 3 months of final approval. The Board would like to now the exact proposed timeframe that the road would be built. As to the second issue; the applicant's agent represented to the Planning Board that the SCWA was maintaining the road indefinitely. The Planning Board would like the SCWA to submit a simple road and maintenance agreement indicating such for future record. If you have any questions, please do not hesitate to call me at 765-1938 Sincerel r�a T k Terry ZSeniIII vjro or vironmental Planner Cc: Planning Board DRAFT MAPS ,�:_ �:. . r, . r TH 1: IiNOR 5U13DIVISION 15 FOR �, JSON AM� LOCAT—r-D cN IN S CT IV 1 1000- 1 2.L SUBDIVISION (NO ROAD) Complete application re PeiNd Application rcviewed att�ork session PZ07L 07K t —4, Applicant advised of necessar7 revisions Revised sub mission received 4 H -j Sketch plan approval -with conditions 00 --0 Leand Agencj Coordination SEORA determination M 0 r. �; �,d! I Sent to Fire Commissioner zjq �5 Receipt of firewell location Notification to applicant to include on final map WEI Sent to County Planning Commission "M 0 A=L r 1 fO 7K R ecei�t of County Report C. L 4 ofl 2 evtew- I r PO:M �por Iris > --., n- tl I-Z.O ,ci � c Draft Covenants and Restrictions received A=F 'R O7K 0 0. Pz"L 0 Draft Covenants and Restrictions reviewed 2 Filed Covenants and Pigstrictions recSped Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of subdivision -with conditions Of D�_ ��E�k 9 4L ..-r,4116-2 (9/95)-7c 617.20 SEOR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project 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 mayhave little or no formal knowledge of the environment or may not be technically expect in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader con I cams af f ecting 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 enough to allow introduction of information to fit a project or action. full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. 1 Part 2: Focuses on identifying the range of *possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potential ly-farge, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 0 Part 2 OPart 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact it is reasonably determined by the lead agency that: 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 Vill be prepared. 0 B. Although the project could I have a significant effect on the environment,there will not be a significant effectfor this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a COkIDITIONED negative declaration will he prepared.* I 0 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 L"A lt�5 Name of Lead Agency Pri m f Responsible Officer in Lead Agency Title of Responsible Off Icer Signat of Responsible Off Icer In Lead Agency Signat ofPre rer(l�different from responsible.­o(ficed Date 0 PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe( on the enviro-Iment. Please complete the entire form, Parts A through E. Answers to these questions will be considere as part of the application for approval and may be subject to further verification and public review. Provide any additionj information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invol� new studies, research or investigation. if information requiring such additional work is unavailable, so indicate and specil each instance. NAME OF ACTION nIcIpann, and County) LOCATION OF ACTION (Include Street Ade M A Y2/k BUSINESS TELEPHONE NAME OF APPLICANTISPONSO I 261oy\ ADDRESS W—Vvt Y, 16 0 y' STATE=ZIPCOOF (55-yipo (\A� I I BUSINESS TIE-EPHONFE NAME OF OWNER Of dIfferent) ADDRESS Q 2e" EZ214 kTE ZIP CODE --j1-TY-1PO (�( LYIF DESCRIPTION OF ACTION Lt-r'e't� <'J Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project both developed dnd undeveloped areas. tial(suburban) ARural(non-fai 1. Present land use: OUrban 01ndustrial OCommercial OResiden OForest OAgriculture 00ther /� I acres. .2. Total acreage of project area: APPROXIMATE ACREAGE RESENTLY AFT I ER COMPLETION Meadow or Brushland (Non-agricultural) acres acrei Forested acres acre! acres acre! Agricultural (includes orchards, cropland, pasture, etc.) 01 acres acre: Wetland (Freshwater or tidal as per Articles 24, 2S of ECL) acres acre Water Surface Area acres acre Unvegetated (Rock, earth or fill) '11 acres ... acre Roads, buildings and other paved surfaces acre Other (indicate type) acres ----------- 3. What is predominant soil type(s) on project site? fliamov�� - A, - .-q i a-.I—[OVA- a. Soil drainage: 'OWell drained % of site 10MZderately well drained -,� % of site oPoody drained % of site b. If any agricultural land Is Involved, how many acres of soil are classified within so.if group I through 4 of the I Land Classification System? _acres. (See 1 NYCRR 370). 4. Are there bedrock outcropplhgs on project site? OYes 1KNo a. What is depth to bedrock? (in feet) 2 5- Approximate percentage of proposed project site with slopes: WO-10% % 010-15% % �915% or greater % 6� Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? 0yes )4No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes ONO 8. What is the depth of the water table? _ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? A�es ONO 10. Do hunting, fishing or shell fishing opportunities present-ly exist in the project area? Ayes ONO 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYes -kN 0 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). Dyes X No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes JVN o if yes, explain 14. Does the present site include scenic views known to be important to the community? OYes -gN 0 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name I a 1 1 ZAZ& b. Size (In acres) GL('PA 17. Is the site served by existing public utilities? Pyes ONO a) If Yes, does sufficient capacity exist to allow donnection? *e s ONO b) If Yes, will improvements be necessary to allow connection? IZiYes ONO 18. Is the site located in an gricultu I district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? �Yes !;�101 19. Is the site located in or substantially contiguous t ,( o a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? OYes No . 20. Has the site ever been used for the disposal of solid or hazardous wastes? Oyes vrko B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 25 0' acres. b. Project acreage to be developed: V0 a_c_re*s Initially; acres ultimately. c. Project acreage to remain undeveloped 1/16 acres. d. Length of project in miles: �(If appropriate) e. -If the project Is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing proposed g. Maximum vehicular trips generated per hour (upod completion of project)? h. if residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially A- Ultimately 1. Dimensions an feeO of largest proposed structure -height; width; - length. 1. Linear feet of frontage along a public thoroughfare project will OCCUPY IS? - ft. 3 How much natural material (i.e., rock, earth, etc.) will be removed from the site? _ tons/cubic yards 3. Will disturbed areas be reclaimed? Dyes ONo -IdNIA a. if yes, for what intended purpose is the site being reclaimed? b. will topsoil be stockpiled for reclamation? i6yes ONo c. Will upper subsoil be stockpiled for reclamation? ?1V es ONo te? acres. 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from si . 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes $��0 2� 6. if single phase project: Anticipated period of construction months, (including demolition). 7. if multi-phased: a. Total number of phases anticipated �numbed. b. Anticipated date of commencement phase 1 month UU; year, (including demolition). c. Approximate completion date of final phase month WO C) year. d. Is phase 1 functionally dependent on subsequent I phases? Dyes 6NO 8. Will blasting occur during construction? Dyes P�No 9. Number of jobs generated: during construction after project is complete 0 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? Dyes ON o If yes, explain 12. Is surface liquid waste disposal involved? Dyes &0 a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? OYes *0 Type 14. Will surface area of an existing water body increase or decrease by proposal? Dyes W_N 0 Explain ted in a 100 year flood plain? 10yes ONo 15. Is project or any portion of project loca 16. Will the project generate solid waste? *Yes. ONo a. If yes, what is the amount per month . tons b. If yes, will an existing solid waste facility be used? Dyes ONo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ANO e. If Yes, explain 17. Will the project involve the disposal of solid waste? Ayes ONo a. If yes, what is the anticipated rate of disposal? tonsimonth. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Dyes IzNo 19. Will project routinely produce odors (more than one hour per day)? Dyes IK40 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes 0,10 21. Will project result in an increase in energy use? )OYes ONo If yes , indicate type(s) d t&l-t, - 22. If water supply Is from wells, Indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project Involve Local, State or Federal funding? Kyes ONo If Yes. explain "'�S. Approvals Required: Submittal Type Date Pi a-c,�\ City, Town, Village Board Xf e s ONo a2!�, er"L J\6-kt City, Town, Village Planning Board 'Nves ONo City. Town Zoning Board DYes \C%N 0 City, County Health Department es ONo N,Y Other Local Agencies OYes h\N 0 es o L I 2n n t, Lnvyn i Other Regional Agencies \(S\y State Agencies OYes NIN o Federal Agencies OYes 'NN 0 C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? es ONo If Yes, indicate decision required; Ky Ozoning amendment Ozoning variance Ospecial use permit kubdivision Osite plan Onew/revision of master plan Oresource management plan Oother 2. What is the zoning classification(s)of the site? 9--16 o 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. -What is the' proposed zoning of the site? au�Vu� 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Pyes ONc 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? akll OU", A 94_�AA 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1A mile? Xyes ONc 9. If the proposed action is the subdivision of land; how many lots are proposed? 4 a. What is the minimum lot size proposed? 110� Will proposed action require any authorization(s)for the formation of sewer or water districts? OYes 6NC 11. Will the proposed action creaZta demand for any community provided services (recreation, education, police fire protection)? OYes No a. If yes, is existing capacity sufficient to handle projected demand? OYes ONo 12. Will the.proposed action result In the gene.ration of traffic significantly above present levels? OYes' ZN 0 a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any advers( impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate. o avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applican 'la r Name QAArA )IgV0_W,�L PZ103,I` I, IAh,�Tm�Date _Q 4�J_�7_� 0 Signature Title lAftA; L4, 4"J�-LC& If the action Is In th Asia[Area,and you are a state agency,complete the Coastal Assessment Form before proceedini with this assessment. PLANNING BOARD ffEMAPS hENNETT ORLOWSKI,jR Town Hall,53096 State Route 25 Chairman P.O. Box 1179 WILLIAM J.CREMERS KENNETH L.EDWARDS W Southold,New York 11971-0959 GEORGE RITCHIE LATHAM,jFL %ino Telephone (631) 765-1938 RICHARD CAGGIANO Fax(631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: 0(\ Suffolk County Tax Map 9 1000- Type of Subdivision: E�El Minor Set-Off Lot-Line Cluster Subdivision: No Es Hamlet: StreetLocation: Acreage: Number of Lots: Zoning District: Date: Please list name, mailing address, andphone numberfor the people below: Applicant: __ 00 � h M � [�akA F2C)QQ EEL, W51 V2 n j v,?,,a-A k2o - 1A 9-q Agent handling the application: �YS i �h (Contact Person) L 0) Property Owner(s): -Kok Surveyor: �0)0 11�1 7/090 Engineer: Attorney: Ndli ?,n- Kekv\])-(,k ..:3 0 So n ILi�L JA�f�h VIJ LAA_ PjK 0 51 to -co ro�+ Other Agent(s): IV Has this property had a previous application to the Planning Board? Yes Has this property previously received a SEQRA review? Yes Have you had any pre-submission conferences with the Planning Board? Yes Does this application have variances from the Zoning Board of Appeals? Yes Fqo Appl. No. Date Is this property adjacent to any bodies of water? Fyes No Are there any wetlands on the property? Ees� No Are there public water mains in an adjacent street? F�3es No Is public water proposed for the subdivision? es N No Are there any existing easements on the property? Yes 5\ �ee, �q ;0�k� k Cc 0 U Is there a proposed sale of develop amatmig,kes on part of the property? No is there a mortgage on the property? Yes No Does the owner own any adjacent properties? Yes DNo Are there any building permits currently pending on this property? Yes No Signature Of Preparer�' Date APPLICANT TRANSACTIONAL DISCLOSORR FORM 112 wn of Southold's Code of Ethics prohibits conflicts of �telrqeit On the part, of town Officers and eL�2,101�,2 The io jj% Purpose of tills form is to provide informat I C an alert the town of Possible conflicts Of Interest and allow TL to take whatever act YOUR NAME: -J'el-llu F. Mast name, first [lame, middle initial, unless you are applying in tire tiame of someone else or other entity, sisch as a compirly. If so, indicate the other person 's or company' s tiame. ) NATURE OF APPLICATION: (Check all that apply. Tax grievance Variance Change of zone Approval of plat Exemption from plat or oCCIclal map Other k_�_ (If "Other, - name the activity. ) TO COCII-7y '/644,/V DO you personally (or through your corriparly, spourre. sibling, parent, Or Child) have a relationship will' any officer or employee of the Town of Southold7 "Relationship- includes by blood, marriage, or business interest. "Business interest- means a business, including a partnership, in which the town officer Or employee has even a partial ownership of (or employment by) a corporation in which the town Officer or employee owns more titan 5% of the shares. YES NO If You answered -YES," complete tire balance of this form and date and sign where indicated. Name of person empLoyrrd by the Town of Southold Title or position of that person Describe the relationship between yotirself (tile applicallb) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer cc employee or his or her spoilse, sibling, parent, or child is (check all that apply) l —A) the owner OF greater than 5% of tire shares of the corporate stock of the applicsilt (when the applicant to a corporation); —9) the legal or berieficiat. owner of any interest; in a noncorporate entiLy (when Hie appilcint in riot; a corporattoji); _C) air officer, dirpctor, pirtner, or employee or the applicarit; or _D) tile actual applicant. DESCRIPTION OF RELATroNsiiji, Subts I tted 406,7— S IQ tia 11 It r� PrIlit OWNER'S ENDORSEMENT STATE OF NEW YORK): SS COUNTY OF SUFFOLK) JO/�IV f Z—)l being duly swom, deposes and says: I am: (check one) a part owner in fee; or 70 the sole owner in fee; or an officer of the corporation which is the owner in fee of the premises ,described in the foregoing application. I reside at: I-C 4 Mailing Address y // 'y tV6716 Hamlet/Post Office I have authorized PECONIC LAND TRUST,INC. to represent me with regard to the conservation subdivision application for SCTM#: 1000-125-1-14. �i�- 7 '>--? - 0 Title �� \1/ Date (If the owner is a corporation, please indicate the name of the corporation and the title of the corporation officer whose signature appears above.) &t� Notiry Public MARIE A.W00j)S NOW Public,state of Now yor� NO-01 W05031860 Cludned in Suft Cour4y My Comm'"'M EVk%Aug.15.20 A9 -'T77-T :.2 UAFF��y A. IA�A,�y OF S.5 LIA 13 34 8.4 17 4.?A is 16 is 22 L5A '-TER Wn� TMN m 24 LAUREL LAKE AM M.� SEE%�m FM $a W-N-011 FM SEEWEM LVREL LmE M4 LU ME 12A TWN OF UA sct,T� 14 IRS 31.7mo STATE W 12 ww ym IL4AICI a 6.3 ALTA A'Acx 11 ,"(,I 10 STATE W AT, Tm NN W A,A" 2443 L 4J IS4.7A ILLA "A 2—� Town Of Southold P.0 Box 1179 Southold, NY 11971 RECEIPT Date: 10/17/02 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $2,000.00 Check#: 5204 Total Paid: $2,000.00 Name: Mcfeely, John F Po Box 96 5900 Peconic Bay Blvd Laurel, NY 11948 Clerk ID: JOYCEW Interrial ID:63517 OCT 17 Southold Town Planninq Boa-r-0-2 LAW OFFICES PE7ER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART, ESQ. June 29, 2004 Southold Town Planning Board P.O. Box 1170 Town Hall, 53095 State Route 25 Southold, New York 11971-0950 Re: Nofo Associates - John McFeely Subdivision,Laurel Lake, Town of Southold SCTM# 1000 - 125 - 01 - 14 Dear Sir or Madam: Enclosed find a copy of letter dated June 24, 2004 from the New York State Department of Environmental Conservation regarding the above premises, for your files. Very truly yours, P'� '5;> .2 PETER S. DANOWSKI, JR. PSD:gsg Encl. cc: John McFeely M EC E JUN 3 200 Southold Town New York State Department of Environmental Conservation AM Division of Environmental Permits, Region One liable Building 40 -SUNY, Stony Brook, NewYork 11790-2356 Phone: (631)444-0365 - FAX: (631)444-0360 14111111F Erin M.Crotty Website: www.dec.state.ny.us Commissioner June 24, 2004 Peter S Danowski,Jr PO Box 779 Riverhead,NY 11901 Re: Nofo Associates John McFreely SCTM# 1000-125-01-14 Dear Mr Danowski, The New York State Department of Environmental Conservation has reviewed your letter dated June 7,2004 concerning NYSDEC Freshwater Wetland jurisdiction of subdivisions. In accordance with 6N-YCRR Part 663 enclosed) subdivision of property is not a regulated activity. A brief review of the plans submitted with your letter indicates that N-YSDEC regulated Freshwater Wetlands appear to exist on or near the project site. Please note that any construction activity, including clearing, fill,excavation or building within 100 linear feet of the regulated wetland areas will require NYSDEC permits. Application forms have been enclosed for your information and use. If you require an official written determination of N-YSDEC jurisdiction on this particular parcel, you will have to provide all the information listed on the enclosed sheet marked"Freshwater Wetlands and Recreational/Scenic River's Jurisdictional Inquiries". S' cerely, jSu �Ackerman san Environmental Analyst I 3 0 2� Southold 10�Nn Pb LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 D JOHN P.TAGGART,ESQ. jUN 2004 sout�.O�d Town June 7, 2004 Southold Town Planning Board P.O. Box 1170 Town Hall, 53095 State Route 25 Southold, New York 11971-0950 Re: Subdivision for John McFeely - Nofo Associates,Laurel Lake, Town of Southold SCTM# 1000 - 125 - 01 - 14 Dear Sir or Madam: I recognize that Southold Town's policy and regulations call for the bonding of proposed public road improvements on land subdivision plans. In the above captioned matter, we are providing a private road system. Per an existing contract with the Suffolk County Water Authority, it has been agreed that the Water Authority will construct and maintain the roadway. I would, therefore, ask that the Town's Planning Board, by resolution, amend and delete the requirement for the posting of a bond with regard to the private roadway construction. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg cc: Steven Jones John Milazzo, Esq. Tim Hopkins, Esq. John McFeely 0 0 PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE Town Hall, 53095 State Route 25 Chair Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J. CREMERS Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 13, 2004 Peter Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 Re: Proposed Major Subdivision of John McFeely Located n/o NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: A-C Dear Mr. Danowski: The Southold Town Planning Board, at a meeting held on Monday, April 12, 2004, adopted the following resolutions: The preliminary public hearing was closed. WHEREAS, this proposed major subdivision is for 6 lots on a 30.785 acre parcel where Lot 1 equals 1.67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres. The Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open space purposes; and WHEREAS, on January 12, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the proposed action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on the plat, dated & last revised on December 18, 2003; and WHEREAS, on March 15, 2004, the Office of the Town Engineer provided a bond estimate in the amount of $112,450.00 for improvements and a $6,747.00 administration fee; and 0 McFeely— Page Two —4/13/04 WHEREAS, on February 23, 2004, the Mattituck Fire District recommended that either two electric fire wells or a minimum of two SCWA hydrants be installed in the above subdivision; therefore, be it RESOLVED, that the Southold Planning Board approve the bond estimate in the amount of$112,450.00 and an administrative fee in the amount of$6,747.00 as determined by the Office of the Town Engineer and recommend the same to the Town Board; and be it further RESOLVED, that the Southold Town Board approve the Mattituck Fire District's recommendation to locate two electric fire wells or SCWA fire hydrants within the subdivision; and be it further RESOLVED, that the Southold Town Planning Board grant conditional preliminary approval on the maps entitled Subdivision Sketch Plan dated December 18, 2003 subject to the following conditions: 1. The approval of the revised Driveway and Drainage Plan, dated January 12, 2004, and submitted to the Planning Board on April 5, 2004 by the Office of the Engineer. 2. The amendment of the final Driveway and Drainage Plan to show the location of two fire wells or pressurized fire hydrants. 3. It is the understanding of the Planning Board that the 40 foot "buffer" located on Lots 2, 3, and 4 is an undisturbed, natural buffer. Please include the wording "undisturbed, natural buffer" upon the plat and within the Covenant and Restrictions. 4. Pursuant to Al 08-45, street trees are required. Please show upon the plat the number and specifications of proposed street trees. The Planning Board recommends that the applicant propose existing trees and/or stands of trees. Individual or stands of existing street trees that are proposed to replace planted street trees must be shown on the final plat and approved by the Office of the Town Engineer. 5. Please include the legal name and address of the property owners upon the plat. 6. The Planning Board is not in favor of direct access to and from NYS Route 25 (Main Road) for Lots 1 and 4. Access is to be achieved from the right-of-way only. Please include language on the final Driveway and Drainage Plan, the final plat, and in the Covenants and Restrictions prohibiting Main Road access. 7. The submission of a Draft Road and Maintenance Agreement for review. 8. The submission of the New York State Department of Environmental Conservation Permit for the proposed action. McFeely— Pa-ge Two —4/13/04 9. The submission of a curb cut permit from the State of New York Department of Transportation. 1 O.The submission of a letter of water availability from the Suffolk County Water Authority. Preliminary approval is conditional upon the submission of final maps within six months of the date of approval. The final maps, five (5) paper prints and three (3) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $15,000 ($5,000 per vacant lot in the subdivision). Please contact this office with any questions. Very truly yours, /Jeril"yn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Office of Land Preservation FF91 JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 41 Tel.(516)-765-1560 OFFICE OF THE ENGINE E C TOWN OF SOUTHOLD BOND ESTIMATE MAR 1 5 2004 McFeeley Subdivision State'Route 25,Mattituck,New York SOUthold Tovin SCTM#1000-125-01-14 —ffmn lard DATE March 15,2004 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT I. 0.5 ACRE CLEARING&GRUBBING $ 2,500.00 S 1,250.00 2. 600 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 1,200.00 3. 1,300 L.F. CONCRETE CURBING 15,C10 19,500.00 4. 1,800 S.Y. FINE GRADING /4.50 2,700.00 DRAINAGE 5. 6 EACH CATCH BASIN INLET GRATE&FRAME 500.00 3,000.00 6. 96 V.F. I O' DIA.METER LEACHING POOL 300.00 28,800.00 7. 80 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 2,000.00 SURFACING 8. 160 C.Y. '/4"STONE BLEND or RCA BASE—(4"Thick) 40.00 6,400.00 9. 200 TONS ASPHALT WEARING COURSE—(2"Thick) 60.00 12,000.00 to. I EACH CONCRETE APRON—(20'x 5' - 6"Thick) 1,500.00 1,500.00 It. 2 EACH STREET LIGHTS 2,000.00 4,000.00 12. 10 EACH CONCRETE SURVEY MONUMENTS 100.00 1,000.00 13. 400 S.Y. TOPSOIL&SEED 5.00 2,000.00 14. 3 EACH STREETSIGNS 200.00 600.00 15. 34 EACH STREET TREES 250.00 8,500.00 16. 1 EACH FIRE WELL 15,000.00 15,000.00 17. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 3,000.00 BOND TOTAL $ 112,450.00 +6%ADMINISTRATION FEE $ 6,747.00 TOTAL $ 119,197.00 NY008-CONTRACTOFO NYSLTAB041 �Rev, 11178) WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIE S WITH SECTION 5-702 OF THE GENERAL OBLIGAT70NS LAW CIPLAIN ENGLISH").CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE:FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty loss before die title closing. Unless differentprovision is made in this contract,Section 5-13 11 of die General Obligations Law will apply.One part of that law makes a purchaser responsible for fire and casu ss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the tv"i day of in the year DATE: BETWEEN PARTIES: Nofo Associates 5900 Peconic Bay Boulevard Laurel, NY 11948 Address: hereinafter called"SELLER",who agrees to sell; and Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 Address: hereinafter called"PURCHASER"who agrees to buy the property,including all buildings and improvements thereon(the PREMISES: "PREMISES"), more fully described on a separate page marked"Schedule A," and also known as: Street Address: Main Road, Laurel Tax Map Designation: SCTM #1000-125-1-14 (p/o) Together with SELLER'S interest, if any,in streets and unpaid awards as set forth in Paragraph 9. PERSONAL Ile sale also includes all fixtures and articles of personal property attached to or used in connection with the PREMISES, PROPERTY: unless specifically excluded below.SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S).They include but are not limited to plumbing,heating,lighUng and cooking fixtures,bathroom and kitchen cabinets,mantels,door mirrors,venetian blinds,shades,screens,awnings,storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing, outdoor statuary, tool sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, range, refrigerators, freezers, air conditioning equipment and installations, and wall to wall carpeting. Excluded from this sale are:Furniture and household furnishings, PURCHASE 1.(a)The purchase price is $ grant of easement PRICE: Payable as follows: On die signing of this contract,by check subject to collection: $ By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By a Purchase Money Note and Mortgage from PURCHASER(or assigns) to SELLER: $ $ grant of easement BALANCE AT CLOSING: (b)if is --'H8+W8?!8H+8A8E P.—ime? leflej Nate wid will remain subject to the prior lien of any EXISTING MORTGAGE even though die EXISTING MQi:�--E T extended or modified in good faith.The Purchase MoncyNote and Mortgage shall be drawn��axd form orNew York Board of Title Underwriters by the attorney for SELLER. PURC"SER s��e mortgage recording Lax, recording fees and the attorney's fee in the amount of$ f( -paration. (c)If any required payments are made on an EXISTING �b�etvw�ecn now and CLOSING which reduce the unpaid principal amount of an EXISTING MO��, Iow the amount shown in paragraph 2,then the balance of die price payable at CLOSING will be adiuswdrgELLER agrees that the amount shown in paragraph 2 is reasonably correct and that only payments re Y c EXISTING MORTGAGE will be made. xc o an ELI-ER111"'ll (d)If there is a ceseowac,:ouiltlali,mainlainedforhepurposc,)f,a,in,ta cc etc I assil CHASER,if it can be assigned.In that event PURCHASER shall pay the amount in the escrow account to 9 Tlip PR-M1SES`WJ1l*Q=-y� an( s7rdle rat r cent per year, EXISTING ' int ..�*t a- MOJ',TGk,GE(S): Mortgage now in the unpai.d principal amount of 41 11 e principal,interest,and with anybalance of ------- in installments of$ r IRTGAGE contains any provision that permits the holder of die mortgage to -f�T QSINQ. ACCEPTABLE 3.AJI money payable under this contract unless otherwise specified,shall be either: FUNDS: a.Cash,but not over one thousand($ 1,000.00)Dollars, b.Good certified check of PURCHASER,or official check of any bank,savings bank,trust company,or savings and loan association having a banking office in the State of New York,payable to the order of SELLER,or to die order of PURCHASER and duly endorsed by PURCHASER(if an individual)to die order of SELLER in the presence of SELLER of SELLER's attorney. c.Money other than the purchase price,payable to SELLER at CLOSING,may be by check of PURCHASERup to the amount one thousand dollars ($1,000.00 dollars,or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. "SUBJECTTO" 4.The PREMISES are to be transferred subject to: e and maintenance of the PREMISES,provided that they PROVISIONS: a.Laws and governmental regulations that affect the us are not violated by the buildings and improvements erected on die PREMISES.tr which the PREMISES abut. b.Consents for die erection of any structures on,under or above any s ects on c.Encroachments of stoops, areas,cellar steps, trim and cornices,if any,upon any street or highway. TITLE 5.SELLER shall give and PURCHASER shall accept such title as a member of the Tide Insurance Rate COMPANY any title company licensed in New York I APPROVAL: Service Association' Inc. will be willing to approve and insure in accordance with their standard form of title Policy, subject only to the matters provided for in this contract. CLOSING 6."CLOSIN 11 eans the settlement of the obligations of SELLER and PURCHASER to each other under this contract, DEFr-1EDAND including the�payment of the purchase price to SELLER, and the delivery to PURCHASER of a FORMOFDEED-- casement acceptable to Purchaser as per the Rider -y form for recording so as to transfer full ownership(fee simple title)to the PREMISES,free of all deed in proper statutor uired by Section 13 of the Lien encumbrances except as herein stated.The deed will contain a covenant by SELLER as req Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of die deed,and(b)a certificate by the Secretary or Assistant Secretary of die corporation certifying such resolution and setting forth facts showing that die transfer is in conformity with die requirements of Section 909 of die Business Corporation Law.The deed in such case shall contain a recital sufficient to establish compliance with that section. CLOSING 7.CLOSING will take place at die office of as paragraph I I of the Rider DATE at o'clock on in the year AND PLACE: BROKER: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than none t separate agr me and SELLER agrees to pay the broker die commission earned thereby (pursuan to ee In STREETS AND 9.This sale includes all of SELLER'S ownership and rights,if ally,in any land lying in the bed of any street.or highway, ASSIGNMENT opened or proposed,in front of or adjoining the PREMISES to the center line thereof.It also includes any right of SELLER OF UNPAID to any unpaid award by reason of any taking by condemnation and/or for any damage to die PREMISES by reason of AWARDS: change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER,at CLOSING,or thereafter,on demand, any documents which PURCHASER may require to collect the award and damages. HASER at CLOSING a certificate dated not more than thirty (30) days before MORTGAGEE'S 10. SELLER agrees to deliver to PURC n ti the amou CERTIFICATE CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recordi g, cer fying nt of the OR LETTER AS unpaid principal and interest,date of maturity,and rate of interest. stitution as TO EXISTING MORTGAGE(S)- SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other in defined in Section 274-a,Real Property Law,it may,instead ofthe certificate,furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at die time of CLOSING. COMPLIANCE 11.a)SELLER will comply with all notes or notices of violations of law or municipal ordinances,orders or requirements WITH STATE noted n or issued by any governmental department having authority as to lands,housing,building,fire,health and labor ANDMUNICIPAL conditions affecting the PREMISES at the date hereof.The PREMISES shall be transferred free of them at CLOSING and DEPARTMENT this provision shall survive CLOSING.SELLER shall furnish PURCHASER with any authorizations necessary to make VIOLATIONS the searches that could disclose these matters. ANDORDERS; OMIT IF THE b)All obligations affecting the PREMISES, incurred pursuant to the Administrative Code of the City of New prior to PROPERTY CLOSING and payable in money shall be discharged by SELLEP atCLOSING.This provision shall survive CLOSING. IS NOT IN THE CITY OF NEWYORK: INSTALLMENT 12.If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual ASSESSMENT: installments,and the first installment is then a lien,or has been paid,then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. APPORil6&- 13.The following are*apportioned as of midnight of the day before COSING: (a) Rents as and when collected. (b) Interest on EXISTING MORTGAGE(S). (c) Premiums on existing transferable MEK(rS: charges and sewer rents, on the insurance policies and renewals of those expiring prior to CLOSING. (d)Taxes, water basis of theXRU period for which assessed .(e)Fuel,if any.(f)Vault charges, if any. lien If CLOSING shall occur before a new tax rate is fixed,the apportionment of taxes shall beupon the basis of the old tax rate for the preceding period of applied to the latest assessed valuation. Any errors or emissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. WATER METER 14.If there be a water meter on the PREMISES,SELLER shall furnish a reading to a date not more than thirty days before READINGS: CLOSING date and the unfixed metercharge and sewer rent,if any,shall be apportioned on thebasis of such lastreading. ALLOWANCE 15.SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid FOR UNPAID taxes,assessments,water charges and sewer rents, together with any interest and penalties thereon to a date not less than TAXES ETC.: five business days afterCLOSING,provided thatofficial bills therefore computed to said date areproduced at CLOSING. USE OF 16.If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER PURCHASE may use any portion of die balance of the purchase price to discharge it. As an alternative,SELLER may deposit money PRICE TO PAY with the title insurance company employed by PURCHASER required by it to assure its discharge, but only if the title ENCUM- insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the BRANCES: PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. AFFIDAVIT AS 17,If a title examination discloses judgments,bankruptcies or other returns against persons having names the same as or TO similar to that of SELLER,SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not JUDGMENTS, against SFT I R. BANKRUPT- CIES: DEED 18.At CLOSING, SELLER shall deliver a certified check payable to the order of die appropriate State,City or County TRANSFER AND officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the RECORDING deed,together with any required tax return.PURCHASER agrees to duly complete the tax return and to cause the check(s) TAXES: and the tax return to be delivered to the appropriate officer promptly after CLOSING. PURCHASER'S 19.All money paid on account of this contract,and the reasonable expenses of examination of the title to the PREMISES LIEN: and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. SELLER'S 20.If SELLER is unable to transfer title to PURCHASER in accordance with this contract,SELLER'S sole liability shall INABILITY TO be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any CONVEYAND appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. LIMITATION Upon such refund and payment,this contract shall be considered canceled,and neither SELLER nor PURCHASER shall OF LIABILITY: have any further rights against the other. CONDITION OF 21.PURCHASER has inspected the buildings on the PREMISES and die personal property included in this sale and is PROPERTY: thoroughly acquainted with their condition.PURCHASER agrees to purchase them"as is"and in their present condition subject to reasonable use,wear,tear,and natural deterioration between now and CLOSING.PURCHASER shall have the right,after reasonable notice to SELLER,to inspect them before CLOSING. ENTIRE 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It AGREEMENT: completely expresses their full agreement.It has been entered into after full investigation,neither party relying upon any statements made by anyone else that are not set forth in this contract. CHANGES 23. This contract may not be changed or canceled except in writing. The contract shall also apply to and bind the, MUST HE IN distributces,heirs,executors, administrators,successors and assigns of the respective parties.Each of the parties hereby WRITING: authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. kNGULAR 24.Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may requixe it. ALSO MEANS 25. SeE Rider attached hereto and made,,-a part hereof. PLURAL: In Presence of: sl=ft— $GWALWWkPL Suffolk County Water Authority 20_Q3 I C. John F. McFeely LISEACA7*)WLEDGMEN7'-rO"ZMBELDW MT1*EW YORKSTATE ONLY. U5EACKNOWLEDG*roltmBELow wimiNNEw YORKSTATE ONLY: )ss.: State of New York,County of Ss.: SI.Ateoft ',wYork,County of On the day of in the year On the day of in die year before me,the undersigned,personally appealed before me,die undersigned,personally appeared I to me on the basis of sadsfactor� personally known to me or proved to me on the basis of satisfactory personally known to me or proved evidence to be the individual(s)whose name(s)is(are)subscribed to the evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that helshe/they executed within instrument and acknowledged to me that be/she/diey executed the same in his/herAheir capacity(ies), and that by his/her/their the same in hisither/their capacity(ies), and that by his/her/their signauire(s) on the instrurrient, the individuld(s), or the person upon signature(s) on the instrument, the individual(s), or die person upon behalf of which the individual(s)acted,executed the instrument. behalf of which the individual(s)acted,executed the instrument. ACRNowLEoGmENTFORM FOR USE WITHIN NEW YORK STA TE ONLY: AcKNowLEDGmENT FORM rOR USE OuTsiors NEW YORK STATE ONLY: INew York Subscribing Witness Acknowledgment Certijlcare) [out of Statd or Foreign GeneralAckooWedgmew Cerlificatel State of New York,County of Ss.: (ct)nzjl.eic.Ve.nue Wih St.oie,.c.ouotry.,.P.rov.inc.e.a.rMu.nic.il�o.Ii.r)-). . . . . . On the day of in die year On the day of in die year before me,the undersigned,personally appeared before me,the undersigned,personally appeared the subscribing witness to the foregoing instrument, with whom I am to me on the basis of sadsfacto� personally acquainted, who,being by me duly sworn, did depose and personally known to me or proved evidence to be the individual(s)whose narne(s)is(are)subscribed to the say that helshelthey reside(s)in within instrument and acknowledged to me that he/shelthey executed (iftheplaceofresidenceisina city,incluck thestreel andstreetnumber, the same in his/her/their capacity(ics),that by his/her/their signature(s) on the instrument,the individual(s),or the person upon behalf of which if any, tlzereoft that helshetthey know(s) the individual(s)acted,executed the instrument,and that such individual made such appearance before the undersigned in the to be the individual described in and who executed the foregoing instrument;that said subscribing witness was present and saw said execute the'same; and that said witness at the same time subscribed (Insen the city or otherpolitical subdivision and the slate or country or his/her/their name(s)as a witness thereto. other place the acknowledgment was taken). CONTRACTOFSALE P�w ENGusH V�sjot; DISTRICT 1000 TITLE NO. SECTION 125 BLOCK 1 Nofo Associates LOT 14 (p/o) COUNTY OR TowN Laurel, Southold TO Suffolk County Water Authority RECORDED ATRE,QUEST OF Fidelity National Title Insurance Company of New York RETVRIVBYMAILTO FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEw YORK INCORPOWED 1928 Fidelity W 0 rL 0 a Z 0 Lu U) D cc 0 .1 Lu 0 W W U) W cc REDER FOR THE CONTRACT OF SALE BETWEEN NOFO ASSOCIATES, Seller and SUFFOLK COUNTY WATER AUTHORITY, Purchaser I TO TEE EXTENT ANY PORTION OF THIS RIDER CONFLICTS WITH THE PRE-PRINTED PORTION OF THE CONTRACT OF SALE TO WHICH IT IS ANNEXED, THE PROVISIONS OF THIS RIDER SHALL GOVERN. 1. Subject to covenants, restrictions, reservations and utility casements of record affecting the premises, provided that the same do not render title unmarketable. 2. Subject to any proposed, adopted or actual street widenings, variations between description herein and tax map description, and any variation between fences, curbs, retaining wall, hedges, if any, and record lines, provided same do not render title unmarketable. 3. (a) Purchaser shall, at least ten (10) days before the date fixed for the closing of title, submit to the attorneys for Seller, a written statement (i.e., a title I report) of any objections to the title, other than those subject to which Purchaser has by this agreement contracted to take title. Seller shall thereupon be entitled to adjourn the closing of title for a period of no more than sixty (60) days in order to give the Seller time within which to remove any such objection. (b) Nothing herein contained shall require Seller to bring any action or proceeding, or otherwise incur any expense in excess of$250.00 to render title insurable. 4. If at the date of Closing Seller is unable to transfer title to Purchaser in accordance with this contract, or Purchaser has other valid grounds for refusing to close, whether by reason of liens, encumbrances or other objections to title or otherwise (herein collectively called "Defects"), other than those subject to which Purchaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remove, remedy or discharge and if Purchaser shall be unwilling to waive the same and to close title RrDER FOR THE CONTRACT OF SALE BETWEEN NOFO ASSOCIATES, Seller and SUFFOLK COUNTY WATER AUTHORITY, Purchaser 2 without abatement of the purchase price, then, either party may cancel this contract by Notice to -the other given within 10 days after such adjourned date. If this contract is canceled pursuant to its terms, other than as a result of Purchaser's default, this contract shall terminate and come to an end, and neither party shall have any further rights, obligations or liabilities against or to the other hereunder or otherwise, except that Seller shall promptly reimburse Purchaser for the net cost of examination of title, including any appropriate additional charges related thereto, and the net cost, if actually paid or incurred by Purchaser, for updating the existing survey of the Premises or of a new survey. 5. If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including but not limited to, specific performance. In the event that the Seller is unable to deliver insurable title, then the limit of the Seller's liability shall be the return of the monies paid hereunder, and thereupon all liability of the parties hereto shall cease, and this Contract shall be rendered null and void. 6. Any notice or other communication shall be in writing and sent by the parties' respective attorneys who are hereby authorized to do so on their behalf, by mail, postage prepaid, or delivered in person or by overnight courier to the respective parties' attorneys, to whom the notice is to be.given, or to such other address as such party's attorney shall hereafter designate by notice given, or to such other address as such party's attorney shall hereafter designate by notice given to the other party's attorney pursuant to this paragraph. Each notice mailed shall be deemed given on the day of mailing the same except that each notice delivered in person or by RrDER FOR THE CONTRACT OF SALE BETWEEN NOFO ASSOCIATES, Seller and SUFFOLK COUNTY WATER AUTHORITY, Purchaser 3 overnight courier shall be deemed given when delivered. 7. The acceptance of the casement by the Purchaser or its designee shall be deemed to constitute full performance of every agreement and obligation of the Seller and no agreement, representation or warranty shall survive delivery of the easement unless such survival is specified in writing. 8. Purchaser's performance under this contract is expressly conditioned upon the Town of Southold granting approval for the proposed subdivision as shown on a survey prepared by Joseph Ingeno dated June 26, 2002 (hereinafter the"Survey") and permission for the installation of water mains within the Premises (hereinafter collectively the "Subdivision Approval"). Seller or its agent shall diligently and in good faith apply for the Subdivision Approval including making all required applications to any governmental agency with jurisdiction over the proposed subdivision. If the Subdivision Approval is not obtained within one year from the date first written above, Purchaser shall be entitled, at its discretion, to grant Seller a six month extension to obtain Subdivision Approval. Upon receipt of the extension, Seller agrees to continue to diligently apply for Subdivision Approval. If Seller is unable to obtain such Subdivision Approval, Seller, at its own discretion, shall have the right to terminate this contract by written notice to Purchaser and thereupon neither party shall have any rights against the other or to grant an additional extension. 9. Prior to closing of title under any contract for any portion of the premises shown on the Survey, including the contract between Seller and the County of Suffolk and the Town of Southold (hereinafter the"County" and "Town" respectively) referenced in paragraph 9, Seller RIDER FOR THE CONTRACT OF SALE BETWEE N NOFO ASSOCIATES, Seller and SUFFOLK COUNTY WATER AUTHORITY, Purchaser 4 will execute and deliver an easement, in a form substantially similar to the easement annexed hereto, acceptable to Purchaser, granting onto Purchaser an easement designated as "SCWA Easement" (hereinafter"SCWA Easement"). In the event any conveyance of any real property interest, with the exception of covenants and restrictions or the like required by any governmental agency as part of the Subdivision Approval'process, occurs prior to delivery to and acceptance by the Purchaser of the SCWA Easement, Purchaser shall have the right to terminate this contract by written notice to Seller and thereupon neither party shall have any rights or obligations against the other except that any moneys paid hereunder shall be returned to Purchaser. 10. This transaction is expressly conditioned on Seller entering into a contract of sale with the County and the Town of Southold for those lands identified as"Open Space Preserve7' on the Survey and conveying title to the County and the Town the"Open Space Preserve" pursuant to Paragraph 11 below. The deed into the County shall state that it is made in accordance with the Courity's watershed protection program and shall specifically reserve to Purchaser the right to use of the lands to be conveyed for public water supply purposes without limitation as set forth in the SCWA Easement by reciting such uses within the deed. If Seller does not convey title to the County and the Town pursuant to Paragraph I I for any reason, Purchaser shall have no further obligations under this contract, including, but not limited to being released from its obligations to improve the Premises pursuant to Paragraph 13. 11. CLOSING will take place at the offices of the County of Suffolk. Closing shall be held 15 days after Subdivision Approval is obtained. Closing to be prior to the closing between Seller and RIDER FOR THE CONTRACT OF SALE BETWEE N NOFO ASSOCIATES, Seller and SUFFOLK COUNTY WATER AUTHORITY, Purchaser 5 the County and the Town for the"Open Space Preserve." 12. .At Closing Purchaser shall present to Seller a standard Letter of Water Availability stating that public water will be made available to Seller for the four proposed building lots shown on the Survey upon payment by Seller of all applicable fees and costs, including main extension costs, if applicable. 13. Within a reasonable time afler Closing and upon request of Seller, Purchaser at its own cost and expense will improve, to Town specifications, a 25 foot wide road to serve the four building lots shown on the Survey and will improve to its own specification, convenience and expense, to the extent not already improved, the remainder of the SCWA Easement. 3o k P S,�� for S ater Authority Nofo Associates 7or Su Wolknty Wate 1, 14 A Ri�t f 8CWA Legal DepL 2oQ3 0 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 - 20 4 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART. ESQ. Southold�Own ng Boaro June 7, 2004 Southold Town Planning Board P.O. Box 1170 Town Hall, 53095 State Route 25 Southold, New York 11971-0950 Re: Nofo Associates - John McFeely Subdivision,Laurel Lake, Town of Southold SCTM# 1000 - 125 - 01 - 14 Dear Sir or Madam: It is my understanding that the drawing of a subdivision map, and filing same with the County Clerk, after Southold Town Planning Board approval, is not a regulated activity with regard to freshwater wetlands (not tidal wetlands). Therefore, there is no application process with regard to the New York State Department of Environmental Conservation. Any later building construction on the four lots to be retained by Mr. McFeely would be subject to existing regulations. However, clearly any structure would be located more than 100 feet from the boundary of any freshwater wetland. Very truly yours, Pel-� (i:)- PETER S. DANOWSKI, JR. PSD:gsg cc: John McFeely sue P6 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)-4900 Copy 727- FAX(631)727-7451 JOHN P.TAGGART,ESQ. June 7, 2004 New York State Department of Environmental Conservation SUNY Campus 00 Stony Brook, NY 11790 Attn: Permits - Freshwater Wetlands SOut�a�d 101�6 pwnmO"' Re: Nofo Associates, Laurel Lake,Town of Southold LJ John McFeely - SCTM#1000 - 125 - 01 - 14 Dear Sir or Madam: I enclose a preservation plan subdivision map approved at the preliminary map stage by the Southold Town Planning Board. Several large lots to be created in the subdivision plan are to be sold to the Town of Southold and the Suffolk County Water Authority. Historically I have been advised that the mere act of subdividing property with regard to freshwater, not tidal wetlands, is not subject to a permit or review process with the New York State Department of Environmental Conservation. My reading of Part 663, as last amended, and the enabling legislation in the Environmental Conservation Law, would appear to verify that opinion. As the mere act of subdividing appears to be exempt from the regulations, I would merely ask for confirmation in writing from your Department. I enclose maps for informational purposes only. The Town and the County are anxious to proceed to closing on this matter, and I would, therefore, appreciate a prompt response to my letter. Very truly yours, Pe,t� PEtER S. DANOWSKI, JR. PSD:gsg cc: Southold Town Planning Board Suffolk County Water Authority Attn: Steve Jones, Timothy Hopkins, Esq., John Milazzo, Esq. Suffolk County Department of Real Estate John McFeely ELIZABETH A.NEvILLE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER Fax(631) 766-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER scrutholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 29, 2004 D E C E I W E 1 L APR 2 9 2004 Peter Danowski, Jr., Esq. 616 Roanoke Avenue Soiithc1d Town rl, F, A PO Box 779 Riverhead, NY 11901 RE: Proposed Major Subdivision of John McFeely Located n/o NYS Route 25 &the LIRR Easement in Laurel SCTM#1000-125-1-14 Dear Mr. Danowski: The Southold Town Board, at its regular meeting of April 20, 2004, has accepted the bond estimate for the above referenced subdivision in the amount of$1.12,450.00 and an administrative fee in the amount of$6747.00 as determined by the Town Engineer and the Southold Town Planning Board. A certified copy of the resolution is enclosed. Very truly yours, cQ���O 2-3.4z� Elizabeth A. Neville Southold Town Clerk Enc. Cc: Town Engineer Planning FFOLI(e, ELIZABETH A.NEVILLE Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS hLARRIAGE OFFICER Fax (631) 765-6145 Telephone(631) 765-1800 RECORDS MANAGEMENT OFTICER FREEDOM OF INFORMATION OFFICER south D C OFFICE OF THE TOWN CLERK � M4 APR 2 Z-' 2U TOWN OF SOUTHOLD F7 - Southold Town THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTILJ N NO. 3401 , WAS ADOPTED AT THE REGULAR MEETING OF THE SOU OLD TOWN BOARD ON APRIL 20, 2004: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of the bond estimate for the proposed maior subdivision of John McFeely, located at the north side of NYS Route 25 and the LIRR Easement, Laurel,New York SCTM# 1000-125-1-14, in the amount of$112,450.00 and an administrative fee in the amount of$6,747.00 as determined by the Town Engineer and recommended by the Southold Town Planning Board. 6�"4o�� Elizabeth A. Neville Southold Town Clerk D E E y STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION WR 2 2004 250 VETERANS MEMORIAL HIGHWAY SUBIMAL CHAKRABORTI, P.E. HAUPPAUGE, NX 11788-5518 OSr"tffi g%�"RDMAN tjejo;" � fq5"M PAER REGIONAL DIRECTOR April 16, 2004 Mr. Peter S. Danowski, Jr. 616 Roanoke Avenue P.0 Box 779 Riverhead,NY 11901 Your April 2, 2004 Submission Subdivision for John McFeel Site Plans Dated 1/12/04, Last Revision 4/l/04 Route 25, Southold SCTM 1000-125-01-14 Our Case No. 03-55P Dear Mr. Danowski: This is in regard to the site plans for the referenced project which were submitted to us for review. Upon review of the proposed work, we find that the plans are acceptable as submitted. This site plan approval for highway work permit issuance is contingent upon our receipt of all of the following items within six (6) months of the date of this letter and no further revisions are made to the plans. If the Highway Work Permit will be secured by anyone other than the property owner, i.e. contractor, the applicant must provide a signed letter from the property owner stating the applicant is authorized to act on behalf of the property owner in this matter. The letter must also include the property owner's mailing address and telephone number. Prior to issuing a Highway Work Permit, the applicant must submit the required permit fee and Surety Bond (sample enclosed). It is also mandatory that protective liability insurance be provided by the permittee. This must be accomplished by either submitting a completed Perm 17, Certificate of Insurance, in accordance with Option A (form enclosed), or by submitting the fee specified below to be covered under the NYSDOT Blanket Policy. Also, enclosed is a Highway Work Permit Application to be completed and returned to us. The application, completed Perm 17 and the Surety Bond must be secured by the same party. All checks issued to the State of New York must show a Federal Identification Number. MT.Peter S. Danowski April 16,2004 Page 2 Permit Fee (Payable to "State of New York"): $15.00 Bond Amount: $5,000.00 Insurance Fee: $25.00 or Perin 17 Questions concerning this matter should be directed to Mr. Mark Wolfgang at (631) 952-7973. Please send all correspondence to his attention at the above address. Kindly refer to the subject case number and County tax map number in all correspondence. Thank you for your cooperation concerning this matter. Very truly yours, Original Signed BY SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety Attachments cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold I v'Ms. Valerie Scopaz, Planning Director, Town of Southold SAS:MW:DW PIANNING BOARD MEMBERS JERILYN B.WOODHOUSE P.O. Box 1179 Chair Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RICHARD CAGGLkNO W Telephone(631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 13, 2004 Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Major Subdivision of John McFt�ely Located n/o NYS Route 25 and the LIRR,"Easement in Laurel SCTM#1000-125-1-14 Zone: A-C Dear Ms. Neville: The Southold Town Planning Board, at a meeting held on Monday, April 12, 2004, adopted the following resolution: RESOLVED, that the Southold Planning Board approve the bond estimate in the amount of$112,450.00 and an administrative fee in the amount of$6,747.00 as determined by the Office of the Town Engineer and recommend the same to the Town Board. Please contact this office with any questions. Very truly yours, 4/-Jerilyn�BWoodhouse Chairperson encl. FFOLte JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR V1Q 40 T F Of NJWVP TOWN RALL - 53095 MAIN ROAD N REI V Fm. (516)-765-1366 Tel.(51 765- MA 1 5 2004 OFFICE OF THE ENGINEE Ino TOWN OF SOUTHOLD outhold Town Oar 18nn ng B 6 Jerilyn B. Woodhouse March 15, 2004 Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: McFEELEY Subdivision State Route 25, Mattituck, NY SCTM#: 1000-125-01-14 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the site plan for the above referenced project. As you know,this subdivision is part of a land preservation project that is considered to be a valuable asset to the Town. For that reason, several meetings have been held with various Town agencies to come to an agreement regarding road specifications that would adequately service the four(4) prop.)sed building lots. These proposed road specifications are considered suitable for the proposed Use but will not provide all of the minimums required for the roads to be dedicated to the Town. At/this time I would offer the following review concerning the site plan submitted for the proposed project. The site plan consists of twodrawings dated January 12,2004 and were prepares byJoseph A. Ingegno, L.S. and Jeffrey T. Butler P.E. The Partial Site Plan drawing on sheet# 1 indicates the proposed turning area discussed in previous conversations but did not include itwithin the-R.O.W.for the road. I have enclosed a sketch of how I believe it should be incorporated into the plan for your reference. Also, since this road will be utilized by heavy vehicles owned by the Suffolk County Water Authority, it has been recommended that concrete Header Curbing be installed along the entire road shoulder. The details on sheet # 2 indicated this type of curb but called for a 6" reveal. Elevated curbing with a 6"reveal should only be used immediately adjacent to drainage inlets to contain runoff and minimize erosion where steeper road profiles are proposed, or as directed by the State DOT to conform to their Curb Cut Permit requirements. A concrete apron should also be provided at the transition between the new asphalt road and the existing dirt road at the northerly end of the proposed construction. Using the Site Plan that has been submitted, I have also calculated a Bond Estimate for your reference and have enclosed a copy for your use. If you have any questions concerning this review or the documents enclosed, please contact my office.inc2rely, c VE/n c (2) ames A. Richter, R.A. cc: Peter Harris (Superintendent of Highways) LOT # 2 AU 25' Wide PLO.W. + 250 Sq.Ft. En N 250 Sq.Ft. + law c A LOT # 1 MAR 1 5 2004 02 � 0 Southold Town PLAN DETAIL Plannin Boare TYPICAL NTS 2.51 20' 2.5. ASPHALT ROADWAY R.O.W. & CURBING DETAILS McFEELY PROPERTY SCTM #: 1000-125-01-14 2" ASPHALT RFACE d RADE .4 .01� 6 UNDISTURBED SOIL DE SOIL IRBED71 I I III I I. . COMPACTED SUBGRADE 4,000 PSI CONCRETE HEADER CURB DETAIL TYPICAL NTS JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 Tel.(516)-765-1560 OFFICE OF THE ENGINE E - TOWN OF SOUTHOLD BOND ESTIMATE MAR 1 5 2U04 McFeeley Subdivision State Route 25,Mattituck,Now York SoutWd Tovin SCTM#1000425-01-14 p, DATE March 15,2004 ITEM QUANTI DESCRIPTION UNIT PRICE AMOUNT 1. 0.5 ACRE CLEARING&GRUBBING $ 2,500.00 $ 1,250.00 2. 600 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 1,200.00 3. 1,300 L.F. CONCRETE CURBING 15.00 19,5i�0.00 4. 1,800 S.Y. FINE GRADING 1.50 2,-00.00 DRAINAGE 5. 6 EACH CATCH BASIN INLET GRATE&FRAME 500.00 3,000.00 1 6. 96 V.F. f,10' DIAMETER LEACHING POOL 300.00 28,800.00 7. 80 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 2,000.00 SURFACING 8. 160 C.Y. '14"STONE BLEND or RCA BASE-(4"Thick) 40.00 6,400.00 9. 200 TONS ASPHALT WEARING COURSE-(2"Thick) 60.00 12,000.00 10. 1 EACH CONCRETE APRON-(20'x 5' - 6"Thick) 1,500.00 1,500.00 11. 2 EACH STREET LIGHTS 2,000.00 4,000.00 12. 10 EACH CONCRETE SURVEY MONUMENTS 100.00 1,000.00 13. 400 SY. TOPSOIL&SEED 5.00 2,000.00 14. 3 EACH STREET SIGNS 200.00 600.00 15. 34 EACH STREET TREES 250.00 8,500.00 16. 1 EACH FIRE WELL 15,000.00 15,000.00 17. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 3,000.00 BOND TOTAL S 112,450.00 +6%ADMINISTRATION FEE $ 6,747.00 TOTAL $ 119,197.00 PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE P.O. Box 1179 Town Hall, 53095 State Route 25 Chair Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN H. SIDOR PIANNING BOARD OFFICE TOWN OF SOUTHOLD April 13, 2004 Peter Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 Re: Proposed Major Subdivision of John McFeely Located n/o NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: A-C Dear Mr. Danowski: The Southold Town Planning Board, at a meeting held on Monday, April 12, 2004, adopted the following resolutions: The preliminary public hearing was closed. WHEREAS, this proposed major subdivision is for 6 lots on a 30.785 acre parcel where Lot 1 equals 1.67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres. The Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open space purposes; and WHEREAS, on January 12, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the proposed action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on the plat, dated & last revised on December 18, 2003; and WHEREAS, on March 15, 2004, the Office of the Town Engineer provided a bond estimate in the amount of$112,450.00 for improvements and a $6,747.00 administration fee; and 0 McFeely— Page Two —4/13/04 WHEREAS, on February 23, 2004, the Mattituck Fire District recommended that either two electric fire wells or a minimum of two SCWA hydrants be installed in the above subdivision; therefore, be it RESOLVED, that the Southold Planning Board approve the bond estimate in the amount of$112,450.00 and an administrative fee in the amount of$6,747.00 as determined by the Office of the Town Engineer and recommend the same to the Town Board; and be it further RESOLVED, that the Southold Town Board approve the Mattituck Fire District's recommendation to locate two electric fire wells or SCWA fire hydrants within the subdivision; and be it further RESOLVED, that the Southold Town Planning Board grant conditional preliminary approval on the maps entitled Subdivision Sketch Plan dated December 18, 2003 subject to the following conditions: 1. The approval of the revised Driveway and Dr�,Jnage Plan, dated January 12, 2004, and submitted to the Planning Board on April 5, 2004 by the Office of the Engineer. 2. The amendment of the final Driveway and Drainage Plan to show the location of two fire wells or pressurized fire hydrants. 3. It is the understanding of the Planning Board that the 40 foot "buffer" located on Lots 2, 3, and 4 is an undisturbed, natural buffer. Please include the wording '.undisturbed, natural buffer" upon the plat and within the Covenant and Restrictions. 4. Pursuant to Al 08-45, street trees are required. Please show upon the plat the number and specifications of proposed street trees. The Planning Board recommends that the applicant propose existing trees and/or stands of trees. Individual or stands of existing street trees that are proposed to replace planted street trees must be shown on the final plat and approved by the Office of the Town Engineer. 5. Please include the legal name and address of the property owners upon the plat. 6. The Planning Board is not in favor of direct access to and from NYS Route 25 (Main Road) for Lots 1 and 4. Access is to be achieved from the right-of-way only. Please include language on the final Driveway and Drainage Plan, the final plat, and in the Covenants and Restrictions prohibiting Main Road access. 7. The submission of a Draft Road and Maintenance Agreement for review. 8. The submission of the New York State Department of Environmental Conservation Permit for the proposed action. McFeely— Pa-ge Two —4/13/04 9. The submission of a curb cut permit from the State of New York Department of Transportation. 10.The submission of a letter of water availability from the Suffolk County Water Authority. Preliminary approval is conditional upon the submission of final maps within six months of the date of approval. The final maps, five (5) paper prints and three (3) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $15,000 ($5,000 per vacant lot in the subdivision). Please contact this office with any questions. Very truly yours, /Jeri4lyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Office of Land Preservation JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 119171 Fm. (516)-765-1366 Tel.(5 16)-765-1560 OFFICE OF ITIE ENGINE E C E E TOWN OF SOUTHOLD BOND ESTIMATE MAR 1 5 2004 McFeeley Subdivision State'Route 25,Maftltuck,Now York Southold Town SCTM#1000.125-01-14 Plinni-F—Riam I mo u in DATE March 15,2004 ITEM QUANTI DESCRIP71ON UNIT PRICE AMOUNT I. 0.5 ACRE CLEARING&GRUBBING $ 2,500.00 $ 1,250.00 2. 600 C.Y. ROUGH GRADING/ UNCLASSIFIEDEXCAVATION 2.100 1,200.00 3. 1,300 L.F. CONCRETE CURBING 15/00 19,500.00 4. 1,800 S.Y. FINE GRADING /'.50 2,700.00 DRAINAG 5. 6 EACH CATCH BASIN INLET GRATE&FRAME 500.00 3,000.00 6. 96 V.F. IO' DLAMETER LEACHING POOL 300.00 28,800.00 7. 80 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 2,000.00 SURFACING 8. 160 C.Y. 3/4"STONE BLEND or RCA BASE-(4"Thick) 40.00 6,400.00 9. 200 TONS ASPHALT WEARING COURSE-(2"Thick) 60.00 12,000.00 10. 1 EACH CONCRETE APRON-(20'x 5' - 6"Thick) 1,500.00 1,500.00 11. 2 EACH STREET LIGHTS 2,000.00 4,000.00 12. 10 EACH CONCRETE SURVEY MONUMENTS 100.00 1,000.00 13. 400 S.Y. TOPSOIL&SEED 5.00 2,000.00 14, 3 EACH STREET SIGNS 200.00 600.00 15. 34 EACH STREET TREES 250.00 8,500.00 16. 1 EACH FIRE WELL 15,000.00 15,000.00 17. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 3,000.00 BONDTOTAL $ 112,450.00 +6%ADMINISTRATION FEE $ 6,747.00 TOTAL $ 119,197.00 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESO. April 6, 2004 Southold Town Planning Board P.O. Box 1170 Town Hafl, 53095 State Route 25 APR 9 2004 Southold, New York 11971-0950 Sciithl!d Town Re: Subdivision for John McFeely SCTM# 1000 - 125 - 01 - 14 Dear Sir or Madam: In connection with the above matter, enclosed please find Affidavit of Posting, with certified mailing receipts, three signed green return receipt cards, and two Notices that were returned to my office. Very truly yours, Y�� J PETER S. DANOWSKI, JR. PSD:gsg Encls. HAND DELIVERED cc: John McFeely AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as n/o NYS Route 25 and the LIRR Easement in Laurel by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on April 12, 2004 1 have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on March 15, 2004. Peter S. Danowski, Jr. Your ame (pri — I 'in Signature 616 Roanoke Ave. , Box 779, Riverhead, NY 11901 Address April ,�,, 2004 Date tary Public GA&& ",Wk10*0168 YA 600- QWMWiflWM "m BOOMM31.2 7 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 11 :30 a.m., Fri., 419/04 Re: Proposed Site Plan for NOFO Associates/McFeel SCTM#s: 1000-125-1-14 Date of Hearing: Monday, April 12, 2004, 6:05 p.m. Mr. Daren Pfennig P.O. Box 45 Mattituck, NY 11952 Mr. Scott R. Albrecht 32 Hyatt Road Mattituck, NY 11952 Ms. Susan Denicker 507 Main Road Mattituck, NY 11952 Town of Southold 4995 Main Road Southold, NY 11971 Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 Southold Town Plannina Board Notice to Admacent Property Owners You are hereby given notice: I. That the undersigned has applied to the Planning Board of the Town of Southold for a major conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#s1 000-125-1-14; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application is for 6 lots on a 30.785 acre parcel where Lot 1 equals 1.67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres. The Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open space purposes. The project is located n/o NYS Route 25 and the LIRR easement in Laurel; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, April 12, 2004 at 6:05 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): NOFO Associates/McFeely Date: 3/11/04 Oltk R: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY n Com �lete items 1,2, and 3.Also complet A. Si ur item ,if Restricted Delivery is desired. X E-1 Agent N Print our name and address on the reverse dresses so th we can return the card to you' by Print me) C. Date of Delivery m Attac this card to the back of the mailplece, I or on the front if space permits. D. Is delivery addressciffareni item 1? UYes 1. Article Addressed to: If YES,enter delivery a 0 No Town of Southold NA, 4995 Main Road f�l Southold, NY 11971 R i A 2rA 3. Service Type KI Certified M.*-s.,M i Ilk �a� El Registered .(40>/erchandise 0 Insured Mail .D., N 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7000 1670 0008 4421 7908 (Transfer from service labef) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-15,410 COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION 0 complete items 1,2,and 3.Also complete A. Signatu 0 Agent D item 4 if Restricted Delivery is desired. 0 Addresses sorinno me and address on the reverse t yo a hat an return the card to You. 3. eived . finted Name) VfiT : card to the back of the mailpiece, T 126-) — 11ront if space permits. D. 1,deliveryaddietisdiffeterittr0mited"t? LJYM 1. Article Addressed to: If YES,enter delivery address below: 0 No Suffolk County Water AuthoritV 4060 Sunrise Highway Oakdale, NY 11769 3. Service Type IR Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise [I insured Mail OCnn 4. Restricted Delivery?(Extra Fte) 0 Yes 2. Article Number oco qLi-) ' -1915' (iransfer from service label) PS Form 3811,August 2001 Dornesti Return Receipt &JAI. ORIPleteiten., I ;_1 an itern4ifFiestri ' ' uJ, 'so co Plele --- Cted Delivery I A a bd Print Your name and address I deSirZd 7 IN so that we Can return the on the reverse of De .,y card to you. _4 Attach this card to the back Of the mailpiece igria or on the front if Space X ­­rMsa(I to:: D, delivery address diffean fro .tem 1? Mr, Dlren Pfennig If YES,enter delivery addressm I P-0. BOX 45 below Maty�uck, My 11952 3. Service Type Certified Mail Express mail Registered Return Receipt for Merchandise E3 Insured Mail E3 C O.D, 2. A�66durb 4. Restricted Del El Yes Domestic ReZ 7nR.7.,pt 102595-99�M_178s U.S. Postal Service U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) CERTIFIED MAIL RECEIPT CO (Domestic Mail Only;No Insurance Coverage provided) Ln M Ir CO C13 Postage ft red Fee Postage $ ru Postage $ Certified Fee Postmark Ceftified Fee Return Receipt Fee Here Postmark Return Receipt Fee r C3 (Endorsement Required) -0 (Enderseemen't Required) Hers, Restricted DoW ry Fee C3 Restricted Deliver,Fee C3 (Endorsement Required) C3 r3 Endorsement Required) C3 1' Total Postage&Fees $ C3 —0 f` Total Postage&Fees $ To TVAI of Southold Sent LL c3 -No I ,-�,oacx V------- --------------- ----------- - -- ---S-C---0--tt R. Albrecht sint, --- ---- ---- ----- --- --- --- ----- --- ---- -- - C3 4995 Main Road C3 -------------------------------- C3 ign------ -------------- ------- -- C3 --- ------ ------- ----- ---- ---- ----- ---- ---- ---- --- ---- ----- ---- ---- -- NY i *ai4!iiP1YCk, NY 11952 U.S. Postal Se rvice U.S. Postal Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT (Domestic Wif Only;No Insurance Coverage Provided) (Domestic Mail Only;No Insurance Coverage �rovidecii ru ru Postage $ ru Postage $ Certified Pon L Pose-gep Certified Fee Cerfiffied Fee `:1:3 Return Receipt Fee Postmark C3 (Endorsement Required) Here -0 Return Racerit Fee Postmark 1-3 annot C3 (Endorsement Required) Here (il ari,Fee Restricted DsWiay Fee C3 Endure.�eut 'u"s, C3 squired) E3 (Endorsement Required) 1' Teri postage&F .. $ C3 —L] t' Total Postage&Fees $ �A,VA Q StIt To C3 aren Pfennig 'kb` Susan Denicker i-ijpt4io�jtx-Ab-- -- ------ - -- -- -------- -- - -- --- -- -- -- -- - --- -- -- C3 C3 st -- - -------- - 1:3 ------- ------------ -- M neet,Act N,or PO ttd�-ii-- --- -- -- -- -- -- -- - -- -- - -- -- -- -- --- --- - C3 5 - ----------- -- ----- - -- -- --------- - r� uc NY 11952 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only, NO Insurance Coverage provided) ru Postage $ Certified Fee s:13 Return Receipt Fee Postmark t (Endorsement Required) Here C3 eq Here C3 ,3 Restricted Delivery Fee Endomement Required) C3 t� TOW Postage,&F .. $ 96ftolk county water Authority C3z - -- --- --- --- --- --- oteh C3 I I Bur --- --- - -- -- -- --- --- -- -- ---------------- -4 rise ighway %s P --------------- ---- --- -------- --- --- -- --- --- --- 'kaa e, uy 11769 L------------------------------ 'CERTIFIED MAIL LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE w RO.BOX 779 RIVERHEAD,NY 11901 7000 1670 0008 4421 7885 POST Mr. Scott R. Albrecht 32 Hyatt Road PIP, 1.,111 1.11111 Ilit'l Ifilill ,it, III,,IIIJI11 11 till --------------------------------------------- LAW OFFICES CERTIFIED MAIL PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 7000 1670 0008 4421 7892 Ms., Susan Denicker 20d 507 Main Road NON" hAnWhirk MY 11CII; If Lj:�ij 1 1.11 If till oil till is 1111111 1111 11 fill 1111111111"111113 IIIIJI 1 j 15�e Southold Town Planning Board Notice to Adjacent Property owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a major subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#s1 000-125-1-14; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application is to for 6 lots on a 30.785 acre parcel where Lot 1 equals 1.67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres. The Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open space purposes. The project is located n/o NYS Route 25 and the LIRR easement in Laurel; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd Fl., North Fork Bank). Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, August 9, 2004 at 6:10 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Nofo Associates/McFeely Major Subdivision Date: 7/14/04 DIE C E W E% Jui SouNld Town LAW OFFICES PE7ER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 APR JOHN P.TAGGART,ESQ. April 2, 2004 Southold Town Planning Board P.O. Box 1170 Town Hall, 53095 State Route 25 Southold, New York 11971-0950 Re: Subdivision for John McFeely SCTM# 1000 - 125 - 01 - 14 Dear Sir or Madam: Enclosed please find three-page driveway and drainage plan, amended per Town comments and those of the New York State Department of Transportation. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encls. cc: John McFeely svol LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 D (631)727-4900 AR 24 2004 JOHN P.TAGGART,ESQ. FAX(631)727-7451 T;n Southold Town March 23, 2004 VIA TELEFAX & REGULAR MAIL FAX #765-3136 Mark Terry Senior Environmental Planner Southold Town Planning Board P.O. Box 1170 Town Hall, 53095 State Route 25 Southold, New York 11971-0950 Re: Subdivision for John McFeely SCTM# 1000 - 125 - 01 - 14 Dear Mark: In connection with the above matter, enclosed find copy of Department of Transportation letter dated February 4, 2004, for your use. Very truly yours, PEI11) a,tA_, CL) R S. DANOWSKI, JR. PSD:gsg Encl. "%Aar STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NX 11788-5518 SUBIMAL CHAKRASORTI, P.E. JOSEPH H. BOARDMAN REGIONAL DIRECTOR COMMISSIONER February 4, 2004 Mr. Peter S. Danowski, Jr. 616 Roanoke Avenue P.0 Box 779 Riverhead,NY 11901 Your Janupa 20, 2004 Submission Subdivision for John McFeel Site Plans Dated 1/12/04 Route 25, Riverhead SCTM 1000-125-01-14 Our Case No. 03-55P Dear Mr. Danowski: This is in regard to the site plans for the referenced project which were submitted to us for review. Prior to an approval of the site's access and issuance of a New York State Highway Work Permit, the following items must be addressed: I. In recent years, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, separate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. In order to assess the impact of the proposed access at this location please provide us with an explanation regarding the use and disposition of the proposed access as it relates to Lots 5 and 6. 2. The plans must show all existing and proposed features. The site currently has access points to the State highway and the plans must show removal of the access points and restoration of the State highway right-of-way. 3. A note shall be added to the plans requiring the contractor to clean existing drainage basins along and immediately adjacent to the Route 25 site frontage at the completion of construction. 4. The plan must include the note "Repair existing shoulder, sidewalk and curbing as ordered by State Engineer." Mr. Peter S. Danowski February 4,2004 Page 2 5. The plans must show all traffic signs,including text,as well as pavement markings,utilities, distance from each existing and proposed driveway to each adjacent driveway and cross street,including adjacent property lines and streets and driveways opposite the site and other appurtenances along the site's State highway frontage. 6. We were initially presented with this submission by the Town of Southold under cover letter dated February 28,2003. Our March 5,2003 response letter to the Town included a site plan checklist for the applicant to follow. It's unfortunate that these plans do not include all of the information we require to perform a comprehensive review of your submission. In order to evaluate the drainage plan at this location please provide us with a driveway profile or spot elevations on site and at the property line to insure that all drainage is contained on site since we do not allow runoff from properties onto the State highway. 7. The Maintenance and Protection of Traffic (MPT)plan for work on Route 25 shall include the note"All lanes must be open to traffic before 9 AM and after 3 PM. No lane closings are permitted on weekends or holidays. Nighttime lane closings will not be permitted without prior approval from the State Permit Inspector." 8. A note shall be added to the plans stating which consecutive reference markers the site falls between or the reference markers shall be shown on the plan. 9. Any utility work proposed in State Highway right-of-way will require separate application and submission of plans (installation details, restoration details and Maintenance and Protection of Traffic plan - all referenced to NYSDOT specification item numbers and the Manual of Uniform Traffic Control Devices) to our Riverhead Maintenance facility. The applicant may contact Mr.Kevin Matthaei at(631)727-1731 for further directions regarding Utility Highway Work Permit(HVvP)applications. The applicant should be made aware that utility HWP issuance is subject to issuance of the HWP required for site work. Please submit four sets of revised plans. Review of the subject material is being coordinated by Mr. Mark Wolfgang. He can be contacted at (631) 952-7973 if you have any questions regarding this matter. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all corres dence. Cc S UAW A A AT' HAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. Richard Hanley, Planning Director, Town of Riverhead Mr. Kenneth Testa, P.E., Town Engineer, Town of Riverhead Mr. Mark Kwasna, Superintendent of Highways, Town of Riverhead SAS:MW:DW 03,'23/200� 12:04 PETERSDAN PAGE @"/04 LAW OFFICES PETER S. DANOWSKI, JR. rl T1 616 ROANOKE AVENUE RO BOX 779 NVERHEAD,NY 11901 (531)727-4900 FAX(631)727-7451 JOHN R TAGGART ESQ. MECOMMLNICATION COVER SHEET TO: Mark Terry DR, E C LE E-1 FROM: PETER S4 DANOWSKI, JR. FM A R �23 DATE: March 23, 2004 T, ml RE: John McFeely Subdivision FAXINO.: 705-3136 Number of Pages, Including This Pagc: If you havc any pmblems with this telecommunication.please contact: Gai I --------------------------- -------—-------- ---------------- -----—-------------—----------------—----- ELECTRONIC TRANSMITTAL THIS TRANWISSIONMAY:GNTAIN INFORMATION WHICH IS PRIVILEGED AND CCNFIOENTIALAND$UBJEC7 TO LEGAL RESTRICrIONS ANC PENAL TIES REGARDING ITS DISCLOSURE OR orHER USE YOUARE PROHIBITED FROM COPYING 04TROUTING OR OTHERWISE IJS;NG TMS INFORMAPON'F YOUARB Nor THE 'NTENDEDRECIPIENr fir YOU HAVE RECEIVED THIS TRANSMITTAL IN CRRORPLEASENC)TIFYUS WMEOIA71ELY AND RETURN THE ORIGINAL TO US aY SECURE MEANS WTHOU7 MAKING A COPY' THANK YOU. 03/23/M6 12:04 1631727745� PETERSDAN PAGE 02/04 LAW OFF]CES PF-TrLR S. DANOWSKI, JFt. 616 ROANOKEAVENUE P.D.BOX 779 RIVERHEAD,NY 11901 (631)72?-4900 JOHN P.TAGGART,ESQ. PAX(631)727-7451 March 23, 2004 VIATELEFAX & REGULAR MAIL FAX#765-3136 Mark Terry Senior Lnvironmental Planner Southold Town Planijjng Board P.O, Box P 70 Town Hall, 53095 State Route 25 Southold, NewYork 11971-0950 Re: Subdivision for.fohn McFeely SCTM# 1000- 125�01 - 14 Dear Mirk: In connection with the above m4ft", enclosed Find copy of Depurtment Or TranSportation letter dated Februnry 4,2004, 1`01'YOUr use. Very truly yours, PETPRUS tDANOWSKI,JR. PSD:gsg Encl. e3/23/200C 12:04 163172"745-' PETERSDAN PAGE 03/04 STATE OF NEW YORK DEPARTMENT OF TRAN5PORTATION 250 VETFRANS MrsmoRIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 SURIMAL CHAKRABOAVI, P.F. Josapm H. 13DAROMAN REGIONAL DIRECTOR COMMISSIONER February 4,2004 Mr. Peter S. Danowski, Jr. 616 Roanoke Avenue P.0 Box 779 Riverhead,NY 11901 Your Januaa 20,2004 Submission Subdivision for John McFeel Site Plans Dated 1/12?04 Route 25, Riytrbcad SCTM 1000-125-01-14 Our QUe No. 03-55P Dear Mr. Dan owski: This is in regard to the site plans for the referenced project which were submitted to us for review. Prior to an approval of the site's access and issuance of a New York State Highway Work Permit, the following items must bc addressed: In recent yens, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, separate conflict points and remove turning traffic from through movements. Now York State is utilizing this technique to 1-ninimize impacts to State highways. In order to assess the impact of the proposed access at this location pl awe provide us with an explanation regarding the use and disposition of the proposed access as it rclefts to Lots 5 and 6. 2. The plans must show all existing and proposed features.The site currently has access points to the State highway and the plans must show removal of the access points and restoration of the State higbway right-of-way, 3, A note shell be added to the plans requiring the contractor to clean existing drainage basins along and immediately a4jacent to the Route 25 site ftntage at the completion of construction. 4. T�e plan must include the note "Repwr existing shoulder,sidewalk and curbing as ordered by Stato Engineer." 03/23/21004 12:04 16-K727745' PETERSDAN PAGE 04/04 Mr. Pcter S.Danowsk! February 4,2004 Page 2 51 The plans must show ail traffic sips,including text,as well as pavement markings,utilities, distance from each existing and proposed driveway to each adjacent driveway and cross street,incJudinS adjacent property fincs and strects and driveways opposite the site and other appurtenances along the site's State highway frontage. 6. We were initially presented with this submission by the Town of Southold under cover letter dated February 28,2003.Our March 5,2003 response letter to the Town included a site plan checklist for the applicant to follow.It's unfortunate that these plans do not include all of the information we require to perform a comprehensive review of your submission. In order to evaluate the drainage plan at this location please provide us with a driveway profile or spot elevations on site and at the property hne to insure that all drainage is contained on site since we do not allow runoff from properties onto the State highway. 7. The Maintenance and Protection of Traffic(MPT)plan for work on Route 25 shall include the note"All lanes must be open to traffic before 9 AM and after 3 PM. No lane closings are permitted on weekends or holidays. Nighttime lane closings will not be permitted without prior approval from the State Permit Inspector" S. A note shall be added to the plans stating which consecutive reference markers the site falls; between or the reference markers shall be shown on the plan. 9. Any utility work proposed in State Highway right-of-way will require separate application and submission of plans (installation details, restoration details and Maintenance and Protection of Traffic plan -all referenced to NYSDOT specification item numbers and the Manual of Uniform Traffic Control Devices) to our Riverhead Maintenance facility. The applicant may contact Mr.Kevin Matthaei at(631)727-1731 for rurther directions regarding U+,ilityliighwayWoTkPemit(HWP)applications. The applicant should be made aware that utility HWP issuance is subject to issuance of the HWP required for site work. Please submit four sets of revised plans. Review orthe subject material is being coordinated by Mr.Mark Wolfgang. He can be contacted at (631) 952-7973 if you have any questions regarding this matter. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all CorTe dericc. CC* 41�4 TV A 0 A �r SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety CC: Mr.Richard Hanley,Planning Director,Town of Riverhead Mr. Kenneth Testa, P.E., Town Engineer, Town of Riverhead Mr. Mark Kwasna, Superintendent of Highways, Town of Riverhead SAS:-NIW:DW SUFFOLK COUNTY WATER AUTHORITY Timothy J. Hopkins Administrative Offices:4060 Sunrise Highway,Oakdale, NY 11769-0901 General Counsel (631)563-0236 Fax(631) 563-0370 March 16, 2004 Peter S. Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, MY 11901 Re: Proposed subdivision of John McFeely and Edna Beirne SCTM#1000-125-1-14 Dear Mr. Danowski: The Suffolk County Water Authority has received your correspondence requesting water service for the above referenced six lot subdivision. Water service is sought for four of the lots. The remaining two lots are to be purchased by the Town and the County. Pursuant to Paragraph 8 of the Rider to the Contract of Sale, your clients were required to obtain the Town of Southold's approval permitting the installation of water mains in the property. To date, SCWA has not received proof of such approval. Please forward a copy of the Town's approval to SCWA. Upon receipt, SCWA will prepare a letter stating that water is available for the project. If you have any questions in this matter, please feel free to contact me at 631-563-0308. Very truly yours, /4� John C. Mil o Attorney Fn),IC E I W. E cc: Mark Terry, Southold Senior Environmental Planner MAR 17 2004 Southold Town Planning BoarA JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR UID TOWN HALL - 53095 MATN ROAD T F U Ot NJWVRE I Fax. (516)-765-1366 41 TeL(516)-765-I MAR 1 5 2004 OFFICE OF THE ENGINEE Southold Town TOWN OF SOUTHOLD M7 Jerilyn B. Woodhouse March 15, 2004 Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: McFEELEY Subdivision State Route 25, Mattituck, NY SCTM#: 1000-125-01-14 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the site plan for the above referenced project. As you know,this subdivision is part of a land preservation project that is considered to be a valuable asset to the Town. For that reason, several meetings have been held with various Town agencies to come to an agreement regarding road specifications that would adequately service the four(4) proposed building lots. These proposed road specifications are considered suitable for the proposed use but will not provide all of the minimums required for the roads to be dedicated to the Town. At this time I would offer the following review concerning the site plan submitted for the proposed project. The site plan consists of two drawings dated January 12,2004 and were prepares byJoseph A. Ingegno, L.S. and Jeffrey T. Butler P.E. The Partial Site Plan drawing on sheet# 1 indicates the proposed turning area discussed in previous conversations but did not include it within the R.O.W.for the road. I have enclosed a sketch of how I believe it should be incorporated into the plan for your reference. Also, since this road will be utilized by heavy vehicles owned by the Suffolk County Water Authority, it has been recommended that concrete Header Curbing be installed along the entire road shoulder. The details on sheet # 2 indicated this type of curb but called for a 6" reveal. Elevated curbing with a 6"reveal should only be used immediately adjacent to drainage inlets to contain runoff and minimize erosion where steeper road profiles are proposed, or as directed by the State DOT to conform to their Curb Cut Permit requirements. A concrete apron should also be provided at the transition between the new asphalt road and the existing dirt road at the northerly end of the proposed construction. Using the Site Plan that has been submitted, I have also calculated a Bond Estimate for your reference and have enclosed a copy for your use. If you have any questions concerning this review or the documents enclosed, please contact my office. inc rely, ames A. Richter, R.A. VEnc (2) cc: Peter Harris (Superintendent of Highways) 20' ILO.W. LOT # 2 250 Sq.Ft. Ln W Z =1 FtOPERTY�11"F + !!V—r 250 Sq.Ft. z E C A-flfl 7 LOT # 1 MAR 1 5 2004 1 02 W z Southold Town PLAN DETAIL 1 Plannin Boar4 TYPICAL NTS ASPHALT ROADWAY 2.5' 2W 2.5' R.O.W. & CURBING DETAILS McFEELY PROPERTY SCTM #: 1000-125-01-14 91, 2" ASPHALT E RFACE 6" 3" — RADE 4"LRCA Bl!,d ———————————— UNDISTURBED SOIL r DE r SOIL IRBED El I I .....7.-1COMPACTED SUBGRADE 4,000 PSI CONCRETE HEADER CURB DETAIL TYPICAL NTS JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAFN ROAD Am TOWN OF SOUTHOLD,NEWYORK 11971 Fax. (516)-765-1366 Tel.(516)-765-1560 OFFICE OF THE ENGINE TOWN OF SOUTHOLD BOND ESTIMATE MAR McFeeley Subdivision State Route 25,Mattituck,New York SCTM#1000-125-01-14 DATE March 15,2004 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 0.5 ACRE CLEARING&GRUBBING 2,500.00 1,250.00 2. 600 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 1,200.00 3. 1,300 L.F. CONCRETE CURBING 15.00 19,500.00 4. 1,800 S.Y. FINE GRADING 1.50 2,700.00 DRAINAGE 5. 6 EACH CATCH BASIN INLET GRATE&FRAME 500.00 3,000.00 6. 96 VT. 10' DIAMETER LEACHING POOL 300.00 28,800.00 7. 80 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 2,000.00 SURFACING 8. 160 C.Y. 3/4"STONE BLEND or RCA BASE-(4"Thick) 40.00 6,400.00 9. 200 TONS ASPHALT WEARING COURSE-(2"Thick) 60.00 12,000.00 10. 1 EACH CONCRETE APRON-(20'x 5' - 6"Thick) 1,500.00 1,500-00 11. 2 EACH STREET LIGHTS 2,000.00 4,000.00 12. 10 EACH CONCRETE SURVEY MONUMENTS 100.00 1,000.00 13. 400 S.Y. TOPSOIL&SEED 5.00 2,000.00 14. 3 EACH STREET SIGNS 200.00 600.00 15. 34 EACH STREET TREES 250.00 8,500.00 16. 1 EACH FIRE WELL 15,000.00 15,000.00 17. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 3,000.00 BOND TOTAL $ 112,450.00 +6%ADMINISTRATION FEE $ 6,747.00 TOTAL $ 119,197.00 P�ANNING BOARD MEMBERS JERILYN B.WOODHOUSE P.O. Box 1179 Town Hall, 53095 State Route 25 Chair RICHARD CAGGIANO Southold, New York 119 71-0959 Telephone(631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Se,;tion 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 12th day of April, 2004 on the question of the following: 6:00 p.m. Public Hearing for the proposed site plan for Sea Tow Corporate Headquarters. The property is located at the intersection of Hummel Avenue and Boisseau Avenue, on the southeast corner, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-2-30.1 6:05 p.m. Public Hearing for the proposed major conservation subdivision fo� �� The property is located n/o NYS Route 25 and the LIRR easement in Laurel, Td—w-n-&-Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-125-1-14 Dated: 3/12/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, APRIL 1, 2004 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Mar-12-04 04:33P times/review 6322983287 P-01 'FROM : SOUTHIOLD TOWN PLANNIPSOARD FAX NO. 631 765 3136 May. 12 2004 W;27PM PI P.O. Box 1179 63D95 Route 25 Sotitliold TOW11 Southold, NY II 1971 Phons: (691)765-1938 Planiviliq 130,lt'd Far. (631)765-3136 E-mail: planning0southcM.Org L Fm Tw The StiffolkTimes Fla Valerie Smpazcw-d PWC Papo 2 unw. 3112/D4 mas Legal Ad for 4(1104 Edtdon cc$ Unpo For R~ Plop"to plumms amply AN"Impo"" 9k Please plint the follovAng legal intheW1104odition., nks. 4112/04 Regular MoStIng: 6;0g p.m. ave Tow Corponide Headquariers$its Plan e:05p.m. McFeely Major ConservatiortSubdiliftion 10ndly ackno-Modge nicalpt by signing bokm and f*Ang cover lafter back. Received by: Date: 1 0 SISFFOLt 0 PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE Town Hall, 63095 State Route 25 Chair COD Southold, New York 11971-0959 RICHARD CAGGIANO %�Ae Telephone(631) 765-1938 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 12th day of April, 2004 on the question of the following: 6:00 p.m. Public Hearing for the proposed site plan for Sea Tow Corporate Headquarters. The property is located at the intersection of Hummel Avenue and Boisseau Avenue, on the southeast corner, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-2-30.1 6:05 p.m. Public Hearing for the proposed major conservation subdivision for John McFeely. The property is located No NYS Route 25 and the LIRR easement in Laurel, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-125-1-14 Dated: 3/12/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson 0 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KAILIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 15th day of March, 2004 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 4/12/04 Regular Meeting: 6:00 p.m. Public Hearing for the proposed site plan for Sea Tow Corporate Headquarters SCTM#1000-63-2-30.1 6:05 p.m. Public Hearing for the proposed major conservation subdivision of John McFeely SCTM#1000-125-1-14 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this -fk� b' ,day of 2004. — "I 1191� - Notary �Ilic IIII(MINIELD" No%iy Pow,stdo of NwIlink Ko,DID06095328,Suffolk Coo* IemExpiroflvl�7,20 01 #6000 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 1 st day of April _' 2004. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK Principal Clerk No. 01-VO6108050 '��fnlffl*d In Suffolk County *1 expires February 28, 2008 va/a�.--Vu-,V"A- I Sworn to before me this dayof 2004 Of 63-2-30.1 OD. '* %,MO 14 L'i Mn4 FF04 PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE Town Hall, 53095 State Route 25 Chair Southold, New York 119 71-0959 RICHARD CAGGIANO X. Telephone (631) 765-1938 WILLIAM J. CREMERS Fax(631) 765-3136 KENNETH L. EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 2004 Peter Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 Re: Proposed Major Subdivision of John McFeely Located n/o NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: A-C Dear Mr. Danowski: The Southold Town Planning Board, at a meeting held on Monday, March 8, 2004, adopted the following resolution: WHEREAS, this proposed major subdivision is for 6 lots on a 30.785 acre parcel where the Town of Southold and the County of Suffolk will acquire fee title to 24.041 acres for open space purposes; and WHEREAS, on November 11, 2003, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQRA coordination process for this unlisted action; and WHEREAS, on January 12, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617, Section 617.7 established itself as lead agency for the proposed action and as lead agency granted a Negative Declaration for the proposed action; and WHEREAS, on January 12, 2004, the Southold Town Planning Board granted conditional sketch plan approval on the plat, dated & last revised on December 18, 2003; therefore, be it RESOLVED that the Southold Town Planning Board set Monday, April 12, 2004, at 6:05 p.m. for a Prelimina public hearing. McFeely— Page Two — 3/9/04 Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign will need to be picked up at the Planning Board Office, Southold Town Hall. Please return the enclosed Afficlavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 11:30 a.m. on Friday, April 9th. The sign needs to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Yours truly, C ,AJerilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Office of Land Preservation Southold Town Plannina Board Notice to Admacent Property Owners You are hereby given notice: I. That the undersigned has applied to the Planning Board of the Town of Southold for a major conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#s1 000-125-1-14; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application is for 6 lots on a 30.785 acre parcel where Lot 1 equals 1.67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres. The Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open space purposes. The project is located n/o NYS Route 25 and the LIRR easement in Laurel; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, April 12, 2004 at 6:05 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): NOFO Associates/McFeely Date: 3/11/04 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY.- 11 :30 a.m., Fri., 4/9/04 Re: Proposed Site Plan for NOFO Associates/McFeely SCTM#s: 1000-125-1-14 Date of Hearing: MondaV. April 12, 2004, 6:05 p.m. NOFO ASSOCIATES McFEELY MAJOR SUBDIVISION 1000 = 125 = 1 = 14 Proposed major subdivision is for 6 lots on a 30.785 acre parcel where Lot 1 equals 1 .67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4' 2.09 acres. The Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11 .39 acres and Lot 6 equal to 11 .39 acres for open space purposes. MONO - APRIL 12 , 2004 - 6 : 05 P . M . NOTICE OF PUBLIC HEARJNG 5 58-1 Chapter 68 NOTICE OF PUBLIC BEARING § 58-1. Providing notice of public hearings. [MSToRy. Adopted by the Town Board of the Town of Southold 12-274996 as L.L. No. 25-1995. Amendments noted where applicable.] 58.1. Providing notice of public hearings. V&enever the Code calls for a public hearing, this section shau apply. Upon determining that an application is complete, the board or commission reviewing the same.shall fix & time and place for a public hearing thereon.no board or commission reviewing an application shall prqvide.for the giving of notice: A� ,By-causing a notice giving the time. date, Place and naWre of the hearing to be published In the offloial newspaper within the period prescribed by law. B. 'B3i requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which th� property involved in the application abuts,giving noti-e of the application, the nature of the, approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the' property Hue. The sign Shall be 'displayed for a period of not, 106 than seven 0) days iminedately prooeding the dateof-the pubUo hearing. at or hiapher.apn�shall Me an affidavit.that M who has oemplied with this prw ton. C. By requiring the applicant to send notice to the Owners of recerd of every property whiob. 'abuts alld GVW7 property which is across from any public or pf4vato stfwt 5801 L-26-00 § SOUTHOLD CODE 58-1 from the property included in the application. Such notice. shall be made by certified mail, return receipt requested, posted at least seven (7)days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with thir provision. ....... ... 5802 0 0 PLANNING BOARD MEMBERS S%3f FOt/( JERILYN B.WOODHOUSE P.O. Box 1179 Chair Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RICHARD CAGGIANO Ot Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD Date: March 3, 2004 W-- To: D;M Danowski, Esquire From: Mark Terry, Environmental Planner Re: McFeely Subdivision As per our discussion.. COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES LINDA MERMELSTEIN,M.D.,M.P.H. ACTING COMMISSIONER December 9, 2003 Mark Terry, Sr. Environmental Planner Southold Planning Board E C E E V PO Box 1179 Town Hall, 53095 State Route 25 Southold,New York 11971 kD:EC1:5 ]"'003 RE: McFeely Subdivision Southold Town SCTM#: 1000-125-1-14 PlannuigBoW Dear Mr. Terry: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated November 11, 2003, concerning the above-referenced project. The Department has no objection to the Town of Southold Planning Board assuming lead agency. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has received an application on October 4, 2002 (HD Ref# S 10-02-0018), as required by Article VI of the Suffolk County Sanitary Code, for a five lot subdivision of 30.6 acres on the above-referenced site. It appears that the project has changed since we received the initial application. The application submitted on October 4, 2002 is incomplete pending the submission of additional technical information including: 0 revised subdivision maps, +DrVISION OF ENVIRONMENTAL QUALITY#OFFICE OF ECOLOGY*RIVERHEAD COUNTY CENTER#RIVERHEAD NY 11901-3397 Phone(631)852-2077 1.(631)852-2743 • certificate of authorization, • restrictive covenants, • Witnessed test hole data, • completed application form, and • water availability letter from water district. The applicants must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. B. SCDHS Jurisdiction The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 852-2077. Sincerely, —1/�" [�� Mara Hogan Environmental Analyst Office of Ecology MH/amf PC: Kimberly Shaw Stephen Costa, P.E. %Air E C E I V E STA ORK TE OF NEW Y DEPARTMENT OF TRANSPORTATION Sedhold I VETERANS MEMORIAL HIGHWAY Planninftard HAUPPAUGE, N.Y. 1 1788 THOMAS F. OELERICH, PE. JOSEPH H. BOARDMAN ACTING REGIONAL DIRECTOR COMMISSIONER March 5, 2003 Mr. Mark Terry Planning Board Office Town of Southold P. 0. Box 1179 Town Hall, 53095 Route 25 Southold,New York 11971-0959 Your February 28, 2003 Submission John McFeely Minor Subdivision Route 25, Laurel SCTM 1000-125-01-14 Our Case No. 03-55P Dear Mr. Terry: This is to acknowledge receipt of your submission on the above permit application. For us to commence our review, kindly submit four copies of detailed site plans incorporating the information indicated on the attached checklist. This permit application should be sensitive to the unique visual and historic setting of the Long Island North Shore Heritage Area, which runs from the Queens/Nassau County line to Orient Point, and from Route 25 or 1495, whichever is farther south, north to Long Island Sound. In all future correspondence, please refer to the subject case number. The plans must also include the County tax map number. The subject material is being reviewed by Mr. Mark Wolfgang. He can be contacted at(63 1) 952-6020 if you have any questions regarding this matter. Please send all correspondence to his attention. Thank you for your cooperation concerning this matter. ;Very yours, yo" SIHARKtA. SAAAD-P.E. Civil Engineer III Traffic Engineering and Safety Attachment: Site SAS:JH:JS 0 PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. P.O. Box 1179 Chainnan Town Hall, 53095 State Route 25 coo Southold, New York 11971-0959 RICHARD CAGGIANO We WILLIAM J. CREMERS ip Telephone(631) 765-1938 KENNETH L.EI)WARDS 4, Fax (631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD K;R 03 '0.3 OFFICEMGR.. TC.ANDS-EAMGR. February 28, 2003 RAFFIC CONTROL SAFETY EVAL&DEVELOP. Mr. Eugene Smith SIG DEMGN&OpR.MGR. NYS Office Building SOW OESMN 250 Veterans Hwy. &LTG.OpER. &MVI MGR. Hauppauge,NY 11788 REVIEW ITS Re: Curb Cut for Proposed Minor Subdivision of John Mcfeely UCKS SCTM# 1000-125-01-14 MVI-BUS INFORM Dear MT. Smith: The above application requires a curb-cut permit from your office. I would like to set up an on-site meeting to discuss the proposed location of the curb-cut. I will contact you next week to discuss a date, in the interim, if you have any questions please call (63 1) 765-1938. A survey of the property is enclosed for your perusal. Sincerely, //K/k Terry ar Senjor En 'ronmental2- r Enc. $ITE PLAN REQUIREMENTS CHECKLIST: -A. Location and dimensions of existing highway pavement, curb, sidewalk, median, median openings,guide rail, utilities, signs (including size and text), pavement markings, bus stops, overhead and underground traffic signal equipment, right-of-way lines,controlled access lines and property lines. B. Existing and proposed buildings, appurtenances and drive-through windows. '�—C. Design features, referencing the latest edition of the NYS Standard Specifications, to be incorporated in proposed work: 1. Driveway pavement type and dimensions. 2. Radii of driveway returns and other points of curvature. 3. Driveway grades or profiles, indicating low point on private property. U 4. Angle of driveways relative to roadway center line. 5. Dimensions of roadside control islands and driveway medians. 6. Dimensions of curb and sidewalk relative to pavement edge. 7. Details of internal traffic circulation, including proposed signs, pavement markings and traffic signal equipment. 8. North arrow and scale on each applicable sheet. �—D. Size, type and grade of existing and proposed drainage features. Plastic pipe is not permitted within State right-of-way. �—E. Distance from each existing and proposed driveway to each adjacent driveway and cross street, including adjacent property lines and streets and driveways opposite the site. F. Maintenance and protection of traffic plans. We will recommend lane closing restrictions. Nighttime lane closures require our prior approval. G. Traffic signal plans must be shown on a separate sheet including pavement markings,turn lanes, driveways, sidewalks and pedestrian ramps, crosswalks,buildings, poles, power supply, pullboxes, conduit, controller, head layout including face numbering, detection, right-of-way lines and signing. All work must be referenced to the latest edition of the NYS Standard Specifications. The plans must show existing features, such as drainage and utilities,which may conflict with the proposed signal. Tables of Operations, Clearances, Switchpacks,Input Wiring and Loop Wiring must be included along with a Phasing Diagram and Estimate of Quantities. —H. Aerial photograph of the site and environs. I. Beginning and ending reference markers. site.wpd 4/5/02 0 0 PLANNING BOARD MEMBERS SJSFFUJ/( JERILYN B.WOODHOUSE P.O. Box 1179 Chair Town Hall, 53095 State Route 25 ca Southold, New York 11971-0959 RICHARD CAGGIANO %A.-- Telephone (631) 765-1938 WILLIAM J.CREMERS tp KENNETH L.EDWARDS A Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD Date: March 2, 2004 To: Peter Danowski, Re: John Mcfeely Subdivision Please find Mattituck Fire Department recommendation for the above. RATTITUCK FIRE DISTRICkoT PO BOX 666, PIKE STREET MATTITUCK, NEWYORK 11952-0666 Commissioners MARTIN LGRIFFIN,SR.Chairman John A. Keogh,Secretary Barbara Dickerson,Treasurer Norman A.Reilly,Jr.,Vice Chairman James D.Raoche Greg N.Tyler Jerome Zuhoski February 23, 2004 Mr. Mark Terry Senior Environmental Planner Southold Town Planning Board P 0 Box 1179 Southold, NY 11971-0959 Dear Mr. Terry. At the Regular meeting of the Board of Fire Commissioners they reviewed Mr. John Mc Feely's subdivision (SCTM# 1000-125-1-14) and make the follovAng recommendations: That EITHER 2 Electric Fire wells, to Mattituck Fire District Specification, or a minimum of 2 SCWA Hydrants be installed in the above subdivision. The Fire District reserves the right to locate the above appliances at a later date when roads and driveways have been established. Thank you in advance for your cooperation in this matter, n ce r ' t ohn A Keogh Secretary Encl. JA"ch E2FEB 2 5 2004 Southold Tovin Planning Boarrl Office (631) 298-8837 Facsimile (631) 298-8841 �A �yp'"G BO ERS =MEMB HOUSE P.O.Box 1179 Chair Town Hall, 53095 State Route 25 RICHARD CAGGIANO COD Southold, New York 11971-0959 WILLIAM J. CREMERS 1-� Telephone(631) 765-1938 KENNETH L.EDWARDS Fax (631) 765-3136 MARTIN H.SIDOR PLANMNG 130ARD OFFICE TOWN OF SOUTHOLD January 13, 2004 John A. Keogh, Secretary Mattituck Fire District P.O. Box 666, Pike Street Mattituck, New York 11952 Dear Mr. Keogh: Enclosed please find one (1) subdivision, dated June 26,2002, for John McFeely, located n/o NYS Route 25 and the LIRR Easement, Laurel. SCTM# 1000-125-1-14 0 The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. 0 The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very t I yo Mark Terry Senior Enviromentaf Planner enc. COUNTY OF SUFFOLK * 15�110r r-1877 ryn� STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING February 17, 2004 Ms. Jerilyn B. Woodhouse, Chair Town of Southold Planning Bd. Main Road Southold,NY 11971 Plat Name: McFeely,John E E E Tax Map No.: 1000-125-01-014 FES 2 0 20 SCPD File No.: S-SD-04-02 P SouthOld Town Dear Ms. Woodhouse: Boarl Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code,the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Sincerely, Thomas Isles, AICP Director of Planning r 0 7 - n�droe~wP. F r�el e n a, Principal Planner APF:cc G:%CCH0RNn5UBD�D2(X4TEB=W2.JAN LOCAMON MAILING ADDRESS H LEE DENNISON BLDG. -4TH FLOOR 0 P 0 BOX 5100 0 (5 16) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUrE, NY 1 1 788-0099 TELECOPIER(5 1 5) 853-4044 0 SISFFOZ4, 0 PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE Town Hall, 53096 State Route 25 Chair Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J. CREMERS KENNETH L. EDWARDS Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 9, 2004 DEVELOPMENT RIGHTS - PRIORITY Mr. James Richter Office of the Town Engineer Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review: Application Name: John Mcfeely Tax Map Number: 1000-125-1-14 Street Location: S.R. 25 Hamlet Location: Laurel Type of Application: Road Profiles (Dated: 1/12104 Grading and Drainage Plans (Dated: Other (Dated: Sketch Site Plan (Dated: Preliminary Site Plan (Dated: Grading and Drainage Plans (Dated: BOND ESTIMATE (Dated: Comments: No turn around shown New submissions with your recommended changes. Contact Person: Mark Terry PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE P.O. Box 1179 Chair Town Hall, 53095 State Route 25 Southold, New York 11971-0959 C1* RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J. CREMERS Fax (631) 765-3136 KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2004 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Major Subdivision of Jol in Mcfeely Hamlet/Locality: Laurel S.C.D.P.W. Topo No.: See plat Zoning: A-C S.C. TaxMapNo.: 1000-125-1-14 Major Sub._X— Minor Sub.—Site Plan—Cluster Lot Line Change_ MATERIAL SUBMITTED: Preliminary Plat (3 copies)_(X)_ Road Profiles (1)_ Drainage Plans (1)_ Topographical Map (1)_ Site Plan (1)_ Grading Plan (1) Other materials (specify and give number of copies) 1. One copy of Application Packet as submitted by applicant. Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: The property is located n/o Main Road and the LIRR in Laurel SEQRA STATUS: 1. The project is an X Unlisted Action Type I Action Type 11 Action 2. A (X) Negative Declaration Positive Declaration Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes ( X ) No 4. The proposed division has received approval from the Suffolk County Department of Health. )Yes ( X )No Comments: This proposed major subdivision is for 6 lots on a 30.785 acre parcel: whereLotl equals 1.67 acres; Lot 2, 2.31 acres;J'ot 3, 2.09 acres and Lot 4 2.09 acres. The Town of Southold and the County of Suffolk v,,/'ill acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open space purposes. We request acknowledgement of receipt of this referral ( X ) Yes ( ) No Referral received 2003 by the Suffolk County Planning Commission and assigned File-No. Sincerely, 'Jerilyn B. Woodhouse Chairperson LAW OFFICES T-0 Pr--7ER S. DANOWSKI, JR. 616 ROANOKE AVENUE 1-7 7 P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. January 20, 2004 New York State Department of Transportation State Office Building JAN 2 3 20,04, 250 Veterans Memorial Highway Hauppauge, NY 11788 Attn- Gene Smith, Regional Permit Engineer Southold Town PlanningBOW I Re: Subdivision for John McFeely —Southold Town SCTM#1000— 125 —01 -14 Dear Mr. Smith: I enclose three (3) copies of a Driveway & Drainage Plan last dated January 12, 2004. This is a subdivision creating four (4) residential lots and two (2) open space lots, one to be purchased by the Town of Southold and one to be purchased by the County of Suffolk. Sidewalks already exist, as are noted on the plan, as does an existing roadway. I would appreciate a prompt response and approval for the road and drainage system as drawn. Very truly yours, PUZAI�-' I '�C'4��/ �- PETER S. DANOWSKI, JR. PSD:gsg Encl. cc: John McFeely Joseph Ingegno Marian Sumner Suffolk County Dept. of Real Estate Jeffrey Butler Mark Terry Town Hall tyl Albert J. Krupski, President 53095 Route 25 James King,Vice-President P.O.Box 1179 Artie Foster COD Southold,New York 11971-0959 Ken Poliwoda %im Peggy A. Dickerson Ilk% Telephone(631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD E C E I W E TO: Mark Terry, Senior Environmental Planner JAN 2 1 2004 FROM: Albert J. Krupski, Jr., President RM 0 DATE: January 21, 2004 Southold Town Planning B00 RE: Proposed Major Subdivision of John McFeely The Southold Town Board of Trustees reviewed the survey prepared by Joseph A. Ingegno dated June 26, 2002 and determined the proposed subdivision to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. January 19, 2004 Mark Terry Senior Environmental Planner Southold Town Planning Board P.O. Box 1170 Town Hall, 53095 State Route 25 Southold, New York 11971-0950 Re: Subdivision for John McFeely SCTM# 1000 - 125 - 01 - 14 Dear Mark: In connection with the above subdivision, enclosed find eight (8) copies of our Driveway & Drainage Plan, dated January 12, 2004, for your use. Very truly yours, G�'�� PETER S. DANOWSKI, JR. PSD:gsg Encls. HAND DELIVERED cc: Marian Sumner E James Burke and Bob Zaher D E E John Milazzo John McFeely rjJ AN 2 '0 2004 Town PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE Town Hall, 53095 State Route 25 Chair Southold, New York 119 71-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2004 Peter Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 Re: Proposed Major Subdivision of John McFeely Located No NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: A-C Dear Mr. Danowski: The Southold Town Planning Board, at a meeting held on Monday, January 12, 2004, adopted the following resolutions: WHEREAS, this proposed major subdivision is for 6 lots on a 30.785 acre parcel where the Town of Southold and the Coui ity of Suffolk will acquire fee title to 24.041 acres for open space purposes; and WHEREAS, on November 11, 2003 the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQRA coordination process for this unlisted action; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617, Section 617.7 establishes itself as lead agency for the proposed action and as lead agency grants a Negative Declaration for the proposed action; and be it FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the plat, dated & last revised on December 18, 2003, subject to the following conditions: McFeely— Pacie Two — 1/13/04 1. Pursuant to Chapter Al 06-33 of the Code of the Town of Southold, a turn- around and the terminus of the proposed right-of-way for emergency vehicles must be designated on the plat and shown upon the road and draigage plan.. Please show a proposed turn-around as discussed with the Town Engineer. 2. It is the understanding of the Planning Board that the 40 foot "buffer" is a non- disturbed, natural buffer. Please include the wording "undisturbed, natural buffer" upon the plat and within the Covenant and Restrictions discussed below. 3. Pursuant to A108-45, street trees are required. Please show upon the plat the number and specifications of proposed street trees. The Planning Board recommends that the applicant propose existing trees and/or stands of trees. 4. Please include the legal name and address of the property owners upon the plat. In addition to tl e above conditions, please submit the following to facilitate an expedited review: 1. The Planning Board is not in favor of direct access to and from NYS Route 25 (Main Road) for Lots I and 4. Access is to be achieved from the right-of-way. Please include language in the Covenants and Restrictions prohibiting Main Road access. 2. Submit a Draft Road and Maintenance Agreement for review. 3. Please submit a curb cut permit from the State of New York Department of Transportation. 4. Please submit Road and Drainage Plans and a draft cost estimate for improvements. Sketch plan approval is conditional upon the submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, five (5) paper prints and three (3) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $15,000 ($5,000 per vacant lot in the subdivision). The sketch plans have been referred to the Suffolk County Planning Commission and the Mattituck Fire District for review and comment. McFeely— Page Three — 1/13/04 Once we are in receipt of the above-requested information, the application will be scheduled for an upcoming Work Session. Yours truly, (//Jerilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Office of Land Preservation 0 PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE P.O. Box 1179 Chair Town Hall, 53095 State Route 25 ca Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J. CREMERS Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant January 12, 2004 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (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 Envirr.,nmental Impact Statement will not be prepared. Name of Action: Proposed Minor Subdivision of John McFeely SCTM#: SCTM#1000-125-1-14 Zone: R-80 Location: Located n/o NYS Route 25 and the LIRR Easement in Laurel. SEQR Status: Type I Unlisted N Conditioned Negative Declaration: Yes ( No (X) Description of Action: This proposed major subdivision is for 6 lots on a 30.785 acre parcel where the Town of Southold and the County of Suffolk will acquire fee title to 24.041 acres for open space purposes. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. The determination was based upon the following: SEQR Negative Declaration - Page Two Public water is supplied to the general area by the Suffolk County Water Authority, although the site itself is not specifically connected to public water. The closest water main to the site is 12 inches in diameter and is located on the south side of NYS Route 25 approximately 990 feet east of the site. A Well Field & Pump Station is located east of the development area. It is estimated that the 4 proposed residential lots will use approximately 1,200 gallons of water per day. A letter indicating that water is available for the proposed action has not been received to date. Sanitary disposal within the proposed subdivision will be managed by on- site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. Therefore, the allowable nitrogen bearing flow for the overall 30.78 acres site is 18,468 gpd, or somewhat less once surface water and wetlands are omitted from the computation. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: Single family dwelling 300 gpd x 4 dwellings = 1,200 gpd Therefore, the proposed application would conform with Article VI of the Suffolk County Sanitary Code and would not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; nor are a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems expected to occur if the proposed action is implemented as planned. Test hole data indicated that no presence of standing water in the soil was found to a depth of 17 feet. The topographic elevation on site ranges from approximately 10-35 feet above msI. The direction of groundwater flow is expected to be horizontal and toward the nearest surface water north of the site. The depth to groundwater on site is not expected to have significant constraints on the location of septic systems within the proposed residential lots, as these lots are located at a minimum elevation of approximately 35 feet above ms]. SEQR Negative Declaration - Page Three The development area is historically disturbed. Lots are partially cleared and improved with structures. Although additional clearing will take place within the subdivision around the proposed lots, no significant removal or destruction of large quantities of vegetation is expected to occur. Correspondingly, no substantial interference with the movement of any resident or migratory fish or wildlife species nor impacts on a significant habitat area are expected to occur. The Planning Board has requested limits of clearing due to a wellhead located east of the site, therefore, no significant adverse impacts to vegetation are expected to occur if the project is implemented as planned. The New York Natural Heritage Program was contacted to determine if there was any record of rare plants or wildlife in the vicinity. The Program does identify a map of "Rare Species and Ecological Communities" immediate adjacent to the south of the Laurel Lake and lists one rare vascular plant, three threatened vascular plants, three endangered vascular plants, on or in the immediate vicinity of Laurel Lake. This area will be purchased by the Town and County for perpetual open space purposes. Due to the historical disturbance and use of the developed area, no endangered or threatened species are expected tooccur within the portion of the property that is proposed to be developed. Therefore, no substantial adverse impacts on a threatened or endangered species of animal or plant are expected to occur. Through the preservation of 24.04 acres of diverse habitat; adverse impacts to wildlife habitat will be minimized. No significant adverse impacts to natural resources are expected to occur. The project is located adjacent to Laurel Lake a valuable freshwater wetland system. The parcel is not contiguous to an area listed Critical Environmental Area as designated pursuant to subdivision 617.14(g) of New York State Environmental Conservation Law. The proposed action is not in a significan material conflict with a community's current plans or goals as officially approved or adopted. The occurrence of significant prehistoric or historic archeological sites exist within the area to be developed is unknown, The Planning Board is expected to condition approval of the action to include a archeologist on- site during foundation excavation. Therefore, the proposed action is not expected to impair the character or quality of important historical or archaeological resources. Impacts to the viewshed from NYS Route 25 will be minimized through the preservation of existing vegetation. Therefore impacts to the aesthetics of the community or neighborhood character will be minimized. No major change in the use of either the quantity or type of energy will occur. SEQR Ne-gative Declaration - Page Four No creation of a hazard to human health is expected to occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The creation of 4 residential lots on 30.78 acres will not cause a significant change in the use of the parcel and intention of the existing zoning district (A-C). No loss of agricultural lands (soils) will occur as a result of this proposal. The fee title purchase of 24.04 for open space purposes will provide recreational resources for the public. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Senior Environmental Planner Address: Planning Board Telephone Number: (631) 765-1938' cc: Sherry Aicher, DEC Stony Brook Walter Hilbert, Suffolk County Dept. of Health John Milazzo, Esq. Suffolk County Water Authority Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant PLANNING BOARD MEM& JERILYN B.WOODHOUSE P.O. Box 1179 Chair Town Hall, 53095 State Route 25 RICHARD CAGGIANO Southold, New York 119 71-0959 WILLIAM J. CREMERS Telephone(631) 765-1938 KENNETH L. EDWARDS Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2004 John A. Keogh, Secretary Mattituck Fire District P.O. Box 666, Pike Street Mattituck, New York 11952 Dear Mr. Keogh: Enclosed please find one (1) subdivision, dated June 26,2002, for John McFeely, located n/o NYS Route 25 and the LIRR Easement, Laurel. SCTM# 1000-125-1-14 0 The enclosed site plan is being referred to,you for fire access review and for your recommendations as lo whether any fire- wells are needed. Please specify whether firewells are shallow or electric. 0 The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very truly yo -1 7 " Mark Terry Senior Enviromental Planner enc. PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. P.O. Box 1179 Town Hall, 53095 State Route 25 Chairman Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 2004 Peter Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 Re: Proposed Major Subdivision of John McFeely Located n/o NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: A-C Dear Mr. Danowski: J Enclosed is the response dated December 9, 2003 received from the Suffolk County Department of Health regarding the above application. The application is incomplete. Note the submittal requests. If you have any questions, please give me a call at 765-1938. Sincerely, rk Terry Senior E, ronmental Planner Enc. Cc: Melissa Spiro, Land Preservation Coordinator Marian Sumner, Peconic Land Trust COUNTYOFSUFFOLK 40 �5vrv- f0 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES LINDA MERMELSTEIN,M.D.,M.P.H. ACTING COMMISSIONER December 9, 2003 Mark Terry, Sr. Environmental Planner Southold Planning Board E C E I V E PO Box 1179 Town Hall, 53095 State Route 2S DEC 1 5 2003 Southold,New York 11971 RM RE: McFeely Subdivision Southold Town SCTM#: 1000-12S-1-14 Planning8oard Dear Mr. Terry: Th Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated,November H, 2003, concerning the above-referenced project. The Department has no�biection to the Town of Southold Planning Board assuming lead agency. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI ApRlication Status: Our agency has received an application on October 4, 2002 (HD Ref# S 10-02-0018), as required by Article VI of the Suffolk County Sanitary Code, for a five lot subdivision of 30.6 acres on the above-referenced site. It appears that the project has changed since we received the initial application. The application submitted on October 4, 2002 is incomplete pending the submission of additional technical information including: revised subdivision maps, #DIVISION OF ENVIRONMENTAL QUALYFY+OFFICE OF ECOLOGY+RIVERHEAD COUNTY CENTER#RIVERHEAD NY 11901-3397 Phone(631)852-2077 Fu(631)852-2743 • certificate of authorization, • restrictive covenants, • witnessed test hole data, • completed application form, and • water availability letter from water district. The applicants must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. B. SCDHS Jurisdiction The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 852-2077. Sincerely, �a�Hogan �'�r ,nviromnental Analyst ,Office of Ecology MH/amf PC: Kimberly Shaw Stephen Costa, P.E. LAW OFFICES PE7ER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART.ESQ. January 9, 2004 Mark Terry E C E I Wi E Senior Environmental Planner Southold Town Planning Board P.O. Box 1170 JO - 9 4 Town Hall, 53095 State Route 25 k n Southold, New York 11971-0950 Southold TOM PlanningBDW Re: Subdivision for John McFeely SCTM # 1000 - 125 - 01 - 14 Dear Mark: In connection with the above subdivision, enclosed please find eight (8) copies of our sketch plan last dated December 18, 2003, for your use. Very truly yours, 9/ ��' PETER S. DANOWSKI, JR. PSD:gsg Encls. HAND DELIVERED cc: John McFeely I New York State DepartmOof Environmental Conservation Aim Division of Fish, Wildlife & Marine Resources Now York Natural Heritage Program 625 Broadway, 51h floor, Albany, New York 12233-4757 Phone: (518)402-8935 - FAX: (518)402-8925 Erin M. Crotty Commissioner Website- www.dec.statemy. December 16, 2003 Bennett Orlowski Town of Southold Town Hall, 53095, Rte 25 Southold, NY 11971-1938 Dear Mr. Orlowski: In response to your recent request, we have reviewed the New York Natural Heritage Program database with respect to an Environmental Assessment for the proposed Residential Sibdivision at Laurel, site as indicated on the map you provided, located in the Town of Southold, Suffolk County. Enclosed is a report of rare or state-listed animals and plants, significant natural communities, and other significant habitats, which our databases indicate occur, or may occur, on your site or in the immediate vicinity of your site. The information contained in this report is considered sensitive and may not be released to the public without permission from the New York Natural Heritage Program. The presence of rare species may result in this project requiring additional permits, permit conditions, or review. For further guidance, and for information regarding other permits that may be requi red under state law for regulated areas or activities (e.g., regulated wetlands), please contact the appropriate NYS DEC Regional Office, Division of Environmental Permits, at the enclosed address. For most sites, comprehensive field surveys have not been conducted; the enclosed report only includes records from our databases. We caTmot provide a definitive statement on the presence or absence of all rare or state-listed species or significant natural communities. This information should not be substituted for on-site surveys that may be required for environmental impact assessment. Our databases are continually growing as records are added and updated. If this proposed project is still under development one year from now, we recommend that you contact us again so that we may update this response with the most current information. S' cerely, zv�:�� rA. tcham, Informati J e , v E Nat I Heritage Pro Encs. cc: Reg. 1, Wildlife DEC 2 4 Z003 Reg. 1, Fisheries gr. plannin DOW Natural Heritage Report on Rare Species and Ecological Communities Prepared 13 December 2003 by NY Natural Heritage Program,NYS DEC,Albany,New York 4 This report contains SENSITIVE information that should be treated in a sensitive manner--Phase am cover letter. Refor to the Users'Guide for explanations of codes,ranks,and fields. We do not always provide maps of locations of species most vulnerable to disturbance,nor of some records whose locations and/or extents are,not precisely known or are too large to display. page County Town Scientift Name, NY Legal Status, COMMON NAME,& Heritage Ranks, EO Rank& General Habitat Office Group Name Federal Status Last Seen Detailed Location and Quality Use SUFFOLK SOUTHOLD Coreopsis rosea RARE CD LAURELLAKE A round pond with exposed margin in 1985 with 4007285 ROSE COREOPSIS G3 S3 1985�08-06 Vascular Plant Laurel Lake,on the south border of Laurel Lake at camp malloy.The plants large sections very trampled.Looks like copper S an at the upper pond margin. sulfate is in use at site.Upper pond margin. Associated species:Hypericurn canadense,Cyperus dentatus,and Rhynchospora capitellata. Very small population in Munpled habitat. Rotala mmosior THREATENED BC LAUREL LAKE Pond with houscs around margin,border exposed 4007285 TOOTH-CUP G5 S2 1985-09-27 I-aure]lake,on the southeast exposed margin of the lake. in dry years,abandoned camp nearby.Exposed S Vascular Plant pond shore margin.Associated species:Jwcus pelocarpse,Bidens ccrnua and Gratiola.aunea� Good population in degraded habitat. 2 Records processed Natural Heritage Map of Rare Species and Ecological Communities Prepared Downbff 12,2003 by NY Naftnul Hentap Progilmn,NYS DEC,Albany,New York IF se C1 all aw man can 0 'na wn, BOB Launch LA Lak .' aillitwh Parl, PI IN,tnet Ek�lh CMP jr C6 PRwEcT srm N New York Nabn2l Heritage Ptogm Database Records* Scale: 1:24000 A Plant 0.5 0 0.5 Mies Animal "M The locations that are displayed an considered sensitive and Animal Concentration Area cannot be released to the public without permission. We do not provide map locations for an records. Please see report for details. Community Natural Heritage Report on Rare Species and Ecological Commun Prepared 13 December 2003 by NY Natural Heritage Prograrn,NYS DEC,Albany,New York 4 This report contains SENSITIVE information that should be treated in a sensitive manner--Please see cover letter. Refer to the Users'Guide for explanations of codes,ranks,and fields. We do not always provide maps of locations of species most vulnerable to disturbance,nor of some records whose locations and/or extents=not precisely known or me too large to display. Page county Town Scientife Nam, NY Legal Status, COMMON NAME,& Heritage Ranks,& EO Rank& General Habitat Office Group Nasne Federal Status Last Seen Detailed Location and Quality Use SUFFOLK SOUTHOLD Cardamine longis THREATENED F LAUREL Sandy shore. 4007285 LONGS BITTERCRESS G3 S2 1924-10-01 1 aurel(from Mattituck head southwest on Route 25 for about 2 mi to M Vasctda�Plant laurel).Sandy shore. Hypencum adprffsum ENDANGERED F LAUREL Pond border. 4007285 CREEPING ST.JOHNS-WORT G2G3 S2 1924-09-03 Laurel(probably laurel lake.From Mattituck,take Route 25,main road, M Vascular Plant southwest about 2 mi to lawrl). Laspedeza smvei THREATENED H LAUREL 4007285 VELVETY LESPEDEZA G4? S2 191M8-04 Launt,(from Mattituck,take main mad)Route 25,southwest about 2 mi to M Vascular Plant laurel). Oenothera laciniata ENDANGERED H LAUREL Dry hill. 4007285 CUT-LEAVED G5 SI 1924-09-11 I-amt. M EVENING-PRUvIROSE Vascular Plant Scleriapaucifloravaroaroliniam ENDANGERED H LAUREL Dry woods. 4007285 FEW-FLOWERED NUTRUSH G5T4T5 Sl 1949-07-16 LaureI. M Vascular Plant Natural Heritage Report on Rare Species and Ecological Communities Prepared 13 December 2003 by NY Natural Heritage Program,NYS DEC,Albany,New York 4 This report contains SENSITIVE information that should be treated in a sensitive manner--Please see cover letter. Refer to the Users'Guide for explanations of codes,mks,and fields. We do not always provide maps of locations of species most vulnerable to disturbance,nor of some records whose locations and/or extents we not precisely known or are too large to display. Page 2 county Town Scientife Name, NY Legal Status, COMMON NAME,& Heritage Ranks,& ED Rank& General Habitat Office Group Nanie Federal Status LastSeen Detailed Location and Quality Use SUFFOLK SOUTHOLD Polygonum hydropipemid�var THREATENED H LAUREL LAKE Sw=p. 4007285 opelomanum G5T7Q S2S3 1924-09-03 Swarnp,]a=][lake].Sandy beach[?). M OPELOUSA SMARTWEED Vascular Plant 6 Records Processed USE#GUEI)E TO NY NATURAL HERITAGE DATA NATURALHERITAGE PROGRAM:The Natural Heritage Program isan ongoing,systematic,scientific inventory whose goal istocompileandmaintain data on the rare plants and animals native to New York State,and significant ecological communities. The data provided in the report facilitate sound planning,conservation,and natural resource management and help to conserve the plants,animals and ecological communities that represent New York's natural heritage- DATA SENSITIVITY: The data provided in the report are ecologically sensitive and should be treated in a sensitive manner- The report is for your in- house use and should not be released,distributed or incorporated in a public document without prior pennission fi-om the Natural Heritage Program. NATURAL HERITAGE REPORTS(may contain any of the following types of data): COUNTY NAME:County where the occurrence of a Tare species or significant ecological community is located. TOWNNAME: Town where the occurrence of a rare species or significant ecological community is located. USGS 7 VTOPOGRAPHIC MAP: Name of 7.5 minute US Geological Survey CUSGS)quadrangle map(scale 1:24,000). SIZE(acres): Approximate acres occupied by the rare species or significant ecological community at this location. A blank indicates unknown size. SCIENTIFIC NAME: Scientific name of the occurrence of a rare species or significant ecological community. COMMON NAME: Coninion name of the occurrence of a rare species or significant ecological commmuty. ELEMENT TYPE:Type of element(i.e.plant,animal,significant ecological community,other,etc.) LAST SEEN: Year rare species or significant ecological community lag observed extant at this location. EO RANK: Comparative evaluation summarizing the quality,condition,viability and defensibility of this occurrence. Use with LAST SEEN. A-E=Extant A=excellent,B=good,C=maiginal,D=poor,E=extant but with insufficient data to assign a rank of A-D. F =Failed to find.Did not locate species,but habitat is still there and fiirther fieldwork is justified. H =Historical.Historical occurrence without any recent field information. X =Extirpated.Fieldlother data indicates element/habitat is destroyed and the element no longer exists at this location. ? =Unknown. Blank=Not assigned. NEW YORK STATE STATUS (animals): Categories of Endangered and Threatened species are defined in New York State Environmental Conservation Law section 11-0535. Endangered,Threatened,and Special Concern species are listed in regulation 6NYCRR 182.5. E =Endangered Species:any species which meet one of the following criteria: 1) Any native species in imminent danger of extirpation or extinction in New York. 2) Any species listed as endangered by the United States Department of the Interior,as enumerated in the Code of Federal Regulations 50 CFR 17.11. T=Threatened Species:any species which meet one of the following criteria: 1) Any native species likely to become an endangered species within the foreseeable future in NY. 2) Any species listed as threatened by the U.S.Department of the Interior,as enumerated in the Code of the Federal Regulations 50 CFR 17.11. SC=Special Concern Species:those species which are not yet recognized as endangered or threatened,but for which documented concern exists for their continued welfare in New York. Unlike the first two categories, species of special concern receive no additional legal protection under Environmental Conservation Law section 11-0535(Endangered and Threatened Species). P=Protected Wildlife(defined in Environmental Conservation Law section 11-0103):wild game,protected wild birds,and endangered species of wildlife. U=Unprotected(defined in Environmental ConservationLaw section 11-0103):the specicsmay be taken at any time without limit-,howevera license to take may be required. G = Game(defined in Environmental Conservation Law section 11-0103):my of a variety of big game or small game species as stated in the Environmental Conservation Law,many normally have an open season for at least part of the year,and are protected at other times. NEW YORK STATE STATUS (plants): Ile following categories are defined in regulation 6NYCRR part 193.3 and apply to NYS Environmental Conservation Law section 9-1503. E=Endangered Species:listed species are those with: 1) 5 or fewer extant sites�or 2) fewer than 1,000 individuals,or 3) restricted to fewer than 4 U.S.G.S.7 Y2 minute topographical MaM or 4) species listed as endangered by U.S.Department of Interior,as emunerated in Code of Federal Regulations 50 CFR 17.11. T=Threatened:listed species are those with: 1) 6 to fewer than 20 extant sites,or 2) 1,000 to fewer thatt 3,000 individuals,or 3) restricted to not less am 4 or more thart 7 U.S.G,S. 7 and Y2 minute topographical maps,or 4) listed as threatened by U.S.Department of Interior,as enumerated in Code of Federal Regulations 50 CFR 17.11. R=Rare:listed species have: 1) 20 to 35 extant sites,or 2) 3,000 to 5,000 individuals statewide. continued on next page page 2 Users Guide to Natural Heritage Data V=Exploitably vulnerable:listed species are likely to become threatened in the near future throughout all or a significant portion of their range within the state if causal factors continue unchecked. U=Unprotected,no state status. NEW YORK STATE STATUS (communities):At this time there are no categories defined for communities. FEDERAL STATUS(plants and animals): The categories of federal status are defined by the United States Department of the Interior as part of the 1974 Endangered Species Act(see Code of Federal Regulations 50 CFR 17). 'Me species listed under this law are enumerated in the Federal Register vol.50,no. 188,pp.39526-39527. (blank)=No Federal Endangered Species Act status. LE=The element is formally listed as endangered. LT=The element is formally listed as threatened. E/SA=The element is treated as endangered because of similarity of appearance to other endangered species or subspecies. PE=The element is proposed as endangered. PT=The element is proposed as threatened. C='Me element is a candidate for listing. (LE)=If the element is a full species,all subspecies or varieties are listed as endangered;if the element is a subspecies,the full species is listed as endangered. (LE-LT)=The species is formally listed as endangered in part of its range,and as threatened in the other part;or,one or more subspecies or varieties is listed as endangered,and the others are listed as threatened. (LT-C)=The species is formally listed as threatened in part of its range,and as a candidate for listing in the other part;or,one or more subspecies or varieties is listed as threatened,and the others are candidates for listing. (LT-(T7SA))=One or more subspecies or populations of the species is formally listed as threatened,and the others are treated as threatened because of similarity of appearance to the listed threatened subspecies or populations. (PS)=Partial status:the species is listed in parts of its range and not in others;or,one or more subspecies or varieties is listed,while the others are not listed. GLOBAL AND STATE RANKS (animals,plants,ecological communities and others): Each element has a global and state rank as determined by the NY Natural Heritage Program. These ranks carry no legal weight. The global rank reflects the rarity of the element throughout the world and the state rank reflects the rarity within New York State.Mraspecific taxa are also assigned a taxon rank to reflect the infiaspecific taxores rank throughout the world. ?=Indicates a 4�estion exists about the rank. Range ranks,e.g.SIS2,indicate not enough information is available to distinguish between two ranks. GLOBAL RANK: GI =Critically imperiled globally because of extreme rarity(5 or fewer occurrences),or very few remaining acres,or miles of stream)or especially vulnerable to extinction because of some factor of its biology. G2=Imperiled globally because of rarity(6-20 occurrences,or few remaining acres,or miles of stream)or very vulnerable to extinction throughout its range because of other factors. G3=Either rare and local throughout its range(21 to 100 occurrences),or found locally(even abundantly at some of its locations)in a restricted range(e.g.a physiographic regionj or vulnerable to extinction throughout its range because of other factors. G4=Apparently secure globally,though it may be quite rare in parts of its range,especially at the periphery. G5=Demonstrably secure globally,though it may be quite rare in parts of its range,especially at the periphery. GH=Historically known,with the expectation that it might be rediscovered. GX=Species believed to be extinct. STATE RANK: S I=Typically 5 or fewer occurrences,very few remaining individuals,acres,or miles of stream,or some factor of its biology making it especially vulnerable in New York State. S2=Typically 6 to 20 occurrences,few remaining individuals,acres�or miles of strearn,or factors demonstrably making it very vulnerable in New York State. S3=Typically 21 to 100 occurrences,limited acreage,or miles of stream in New York State. S4=Apparently secure in New York State. SS=Demonstrably secure in New York State. SH=Historically known fium New York State,but not seen in the past 15 years. SX=Apparently extirpated from New York State. SZ=Present m New York State only as a transient migrant. SxB and SxN,where Sx is one of the codes above,arc used for migratory animals,and refer to the rarity within New York State of the breeding(B) populations and the non-breeding populations(N),respectively,of the species. TAXON(1)RANK: Ile T-ranks(TI -T5)are defined the same way as the Global ranks(GI -G5),but the T-rank refers only to the rarity of the subVecific taxon. TI through T5=See Global Rank definitions above, Q=Indicates a question exists whether or not the taxon is a good taxonomic entity. OMCE USE: Information for use by the Natural Heritage Program, 6datareq\systemVigerguid.new DIVISION OF ENVIRONMENTAL PERMITS June 2001 FittGION COUNTIES REGIONAL PERMIT ADMINISTRATORS I Nassau&Suffolk John Pavacic NYS-DEC BLDG.40 SUNY at Stony Brook Telephone: (631)444-0365 Stony Brook,NY 11790-2356 2 New York City (Boroughs of Manhattan,Brooklyn,Bronx, John Cryan Queens,&Staten Island NYS-DEC One Hunters Point Plaza 47-40 21st Street Telephone: (718)482A997 Long Island City,NY 11101-5407 3 Dutchess�Orange,Putnam,Rockland,Sullivan, Ulster& Margaret Duke(Peg) Westchester NYS-DEC 21.South Pit"Comers Road Telephone: (845)256-3054 New Paltz,NY 12561-1696 4 Albany,Columbia,Greene,Montgomery,Rensselaer & William Clarke Schenectady NYS-DEC H 50 North Wesco"Road Telephone: (518)357-2069 Schenectady,NY 12306-2014 4 Delaware,Otsego&Scboharic John Feltman (sub-office) NYS-DEC Route 10 HCR#I,Box 3A Telephone: (607)652-7741 Stamford,NY 12167-9503 5 Clinton,Essex,Franklin&Hamilton Richard Wild l,rYS-DEC Route 86,PO Box 296 Telephone:(518)897-1234 Ray Brook,NY 12977-0296 5 Fulton,Saratoga,Warren&Washington Thomas Hall- (sub-office) NYS-DEC County Route 40 PO Box 220 Telephone:(518)623- Warrensburg,NY 12885-0220 6 Jefferson,Lewis&St,Lawrence Brian Fenton NYS-DEC State Off-ice Building 317 Washington Street Telephone: (315)785-2245 Watertown,NY 13601-3787 6 Herkimer&Oneida J.Joseph Homburgei* (sub-office) NYS-DEC State Office Building 207 Genesee Street Telephone: (315)793-2555 Utica,NY 13501-2885 7 BFoome,Cayuga,Chenango,Cortland,Madison, Onondaga, Ralph Manna Oswego,Tioga&Tompkins NYS-DEC 615 Erie Blvd.West (Env.Permits Room 206) Telephone: (315)426-7438 Syracuse,NY 13204-2400 7 Michael Barylski* (sub-office) NYS-DEC 1285 Fisher Avenue Telephonc:-(60?2 753-3095 XrV 11 -1090 8 Chemung,Genesee,Livingston,Monroe,Ontario,Ofleans� Peter Lent Schuyler,Seneca, Steuben,Wayne&Yates NYS-DEC - 6274 East Avon Lima Road Telephone: (716)226-5390 A.. N"V IAAI -9519 9 Allegany,Caffaraugus,Chautauqua,Eric,Niagara&Wyoming Steve Doleski NYS-DEC 270 Michigan Avenue Telephone: (716)851-7165 Buffalo,NY 14203-2999 9 Ken Taft* (sub-office) NYS-DEC 182 East Union,Suite 3 Telephone: (716)372-0645 Allegany,NY 14706-1328 Deputy Regional Permit Administrator — 14-16-2 (9195)-7c 617.20 SEOR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project 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 not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader con I cerns 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 enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. 1 Part 2: Focuses on identifying the range of .possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potential ly-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: 0 Part 2 Wart 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact,it is reasonably determined by the lead agency that: Z (b/"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. 0 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.* I 0 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 -V Name of Action A ILL� �/ Name of Lead Agency ponsible 0 ficer I'd Responsible 0 icer in Lead Agency Signat�of Responsible Off Icer In Lead Agency Sign t different from responsible officed Date PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider, as part of the application for approval and may be subject to further verification and public review. Provide any addition information you believe will be needed to complete Parts 2 and 3. it is expected that completion of the full EAF will be dependent on information currently available and will not invol new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and speci each Instance. NAME OF ACTION LOCATION OF ACTION(include Street Ad� ncipalltv and County) M ["Y� VAO'J" M 44 "A�- BUSINESS TELEPHONE NAME OF APPLICANTISPONSOR ( b�h -�'I tic ADDRESS �IAANN �-Q Y' STATE ZIP COOE CITYIPO BU7SINESS T LEPHONE NAME OF OWNER at d E'akn J ADDRESS 0 9p"Yl i L2� ZIP COOE —CITYIPO 11 3+�3 ATE (111641d , N DESCRIPTION OF ACTION - 0-VTYIi tif- 4/to Please Complete Each Question-Indicate N.A. if not applicable A. Site Description loped areas. Physical setting of overall project. both developed dnd undeve (suburban) XRu ral(non-f a 1. Present land use: 00rban 01ndustriall OCommercial Oftesidentlal OForest OAgriculture 00ther .2. Total acreage of project area: acres. RESENTLY AFTER COMPLETIOt APPROXIMATE ACREAGE —11! acres acre Meadow or Brushland{Non-agricultural) —13A acres acre Forested acre Agricultural (Includes Orchards, cropland, pasture, etc.) acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acre acre Water Surface Area acres acrc Unvegetated (Rock, earth or fill) acres Roads, buildings and other paved surfaces acres acrt acres acr4 Other (indicate type) a.. 3. What Is predominant soil type(s) on project site? kU-tY)- fliAM001i\ 5-012A a. Soil drainage: VWell drained % of site OlVi4derately well drained % Of site Opoorly drained A, % of site b. If any agricultural land Is Involved, how many acres of soil are dassif led within soH group I through 4 of the Land Classification System? _acres. (See 1 NYCRR 370). 4. Are there bedrock outcropplhgs on project site? OYes KNO &. What Is depth to bedrock? an feet) 2 5. Approximate percentage of proposed project site with slopes: WO-10% % 010-15% % �015% or greater % 6- Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? OYes )4No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes XNO 8. What is the depth of the water table? -(in feet) 9. is site located over a primary, principal, or sole source aquifer? _�y es ONO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Ayes ONO 11. Does project site contain any species of plant or animal lite that is identified as threatened or endangered? OYes *0 According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations). I OYes N No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes eLdN 0 If yes, explain 14. Does the present site include scenic views known to be important to the community? OYes -KN 0 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: L a. Name I ot I I/MZP/ b. Size (In acres) GL&4M 17. Is the site served by existing public utilities? -�Ryes ONO a) If Yes, does sufficient capacity exist to allow donnection? *e s ONO b) If Yes, will improvements be necessary to allow connect.ion? ln,,Yes ONO 18. Is the site located in an gricultu I district certified pursuant to Agriculture and Markets Law, Article 25-AA. Section 303 and 304? Ms !�F 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 617? 0Yes No 20. Has the site ever b I een used for the disposal of solid or hazardous wastes? Oyes gNo B. Project DescrIption 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project s;ponsor acres. b. Project acreage to be developed: U'D aacris Initially, acres ultimately. c. Project acreage to remain undeveloped --- acres. d. Length of project in miles: �Of appropriate) e. 'if the project is an expansion, Indicate percent of expansion proposed %; f. Number of off-street parking spaces existing proposed g. Maximum vehicular trips generated per hour (upori completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially A- Ultimately 1. Dimensions On feet) of largest proposed structure height; -width; length. 1. Linear feet of frontage along a public thoroughfare project will occupy is? - ft. 3 How much natural material (i.e., rock, earth, etc.) will be removed from the site? tons/cubic yards' 3. Will disturbed areas be reclaimed? OYes ONo 'JON/A a. if yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? 'Q�Yes ONo c. Will upper subsoil be stockpiled for reclamation? es ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? acres. 5. Will any mat forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes IL 0 16 V5. months, (including demolition). 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated . number). b. Anticipated date of commencement;�7� hase 1 month year, (including demolition). c. Approximate completion date of final phase month 5. year. d. Is phase 1 functionally dependent on subsequent phases? OYes 6N 0 a. Will blasting occur during construction? Oyes 0�4 0 9. Number of jobs generated; during construction after project is complete 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? OYes ONo If yes, explain 12. Is surface liquid waste disposal involved? OYes &No a. If yes, indi�ate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged *0 Type 13. Is subsurface liquid waste disposal involved? OYes 14. Will surface area of an existing water body increase or decrease by proposal? OYes WNO Explain 15. Is project or any portion of project located in a 100 year flood plain? 1Aes ONo 16. Will the project generate solid waste? -0yes. ONo a. If yes, what is the amount per month . tons b. If yes, will an existing solid waste facility be used? OYes ONo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ANO e. If Yes, explain 17. Will the project involve the disposal of solid waste? Ayes ONo T a. If yes, what Is the anticipated rate of disposal? tonsimonth. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? OYes 16No 19. Will project routinely produce odors (more than one hour per day)? OYes Z�o 20. Will project produce operating noise exceeding the local ambient noise levels? OYes PINO 21. Will project result in an increase in energy use? PYes ONo If yes , indicate type(s) PWOL 16, 22. If water supply Is from wells, Indicate pumping capacity. gallonsiminute. 23. Total anticipated water usage per day gallons/day. 24. Does project Involve Local, State or Federal fundl g? Wes C3No If Yes, explain G_C� P1=­a6LLC4- SLA ,-CTV-� a 4 J �5. Approvals Required: Submittal Type Date City, Town, Village Board �k'Y e s ONo f el"L Po R-t�r-a't City, Town, Village Planning Board �R:yes ONo A,�'S� City. Town Zoning Board OYes hN 0 City, County Health Department es ONo X'Y Other Local Agencies Oyes 6�4 0 Other Regional Agencies �ky es �YAN 0 1 ("' Lrwyni�siw"' State Agencies Dyes IRNO Federal Agencies OYes )-,QVO C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? )�y es E]No If Yes, indicate decision required: Ozoning amendment Ozoning variance Ospecial use permit 5ifubdivision Osite plan Onew/revision of master plan Oresource management plan Oother 2. What is the zoning classification(s)of the site? V- Y)0 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. -What is the proposed zoning of.the site? . a'4(14- .5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Pyes ON 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? U14-t RX-LIOIL"' A � . . 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? 0Yes ON 9. If the proposed action is the subdivision of land; how many lots are proposed? 4 a. What is the minimum lot size proposed? I �1/f,&1-t" 10.. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes 614 11. Will the proposed action creaXta demand for any community provided services (recreation, education, policl I fire protection)? OYes No a. If yes, is existing capacity sufficient to handle projected demand? Oyes ONo 12. Will the.propos.ed action result in the generation of traffic significantly above present levels? OYes' )dN� a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adven impacts associated with your proposal, please discuss such Impacts and the measures which you propose to mitigate avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. rl-L�Date Applicant-tqnvacnir Name J,VaWY� V��_Wak 9?A'0_1n 11 t,140-S Signature Title I&L If(hie action Is In th;iastal Area,and you are a state agency,complete the Coastal Assessment Form before proceedio with this assessment. 5 HOW TO REQUEST DATA FOR A PROJECT SITE From the New York Natural Heritage Program Requests should be submitted in writin . Please send a request letter which provides all of the following information. We will provide a report on the rare species of plants and animals, and on the significant ecological communities, which are or may be in the vicinity of the project site. Requests for data from the New York Natural Heritage Program are handled in the order in which they are received. Faxed requests are discouraged due to the poor quality of maps. Since our office receives many requests each day, we strongly encourage you to contact us during the early stages of a project. You will receive the official response in writing. NECESSARY INFORMATION - In order for us to determine what data you are requesting and respond to your request more quickly, the following information should be included. If your request lacks this information, our response will be delayed. I. Write a brief Description of the proposed project or activity (e.g., residential development, landfill siting, bridge repair, communications tower). Include the current use of the project site. 2. Tell us Why you need the data(e.g., environmental assessment under SEQR, wetland permit, management plan, town planning). Include any documents which are expected to include the data(e.g., EAF, DEIS, Phase I Assessment), and, if applicable, the Lead Agency for SEQR review. 3. Include the Name of all counties and towns where the proposed project is located. 4. Include the Name of all 7 V2 minute U.S.G.S. topoaaphical mans where the proposed project is located. 5. Include a Photocopy of the appropriate 7 1/2minute (1:24,000 or 1:25,000 scale) U.S.G.S. topographicalmat)(s). Tax maps, architectural drawings or road maps, not useful. 6. Clearly Mark the boundary of the proposed project with a colored pen or highlighteen EXAMPLE OF A COMPLETE DATA REQUEST: "A 250 unit housing development is proposed for 400 acres in the Town of Red Hook, Dutchess County. The site is currently undeveloped, and mostly wooded with some former agricultural fields. We have been contracted to review the environmental impacts of the project and prepare the Environmental Assessment Form under SEQR to be reviewed by the Town of Red Hook acting as Lead Agency. In order to complete the EAF,we will need to know whether the proposed project would likely impact any ecologically significant areas or rare species of plants or animals. Enclosed is a photo- copy of the Saugerties USGS Quadrangle showing the location of the proposed develop- ment in red." WHERE TO SEND YOUR REQUEST: New York State Department of Environmental Conservation-Information Services 625 Broadway - 5" Floor Albany, NY 12233-4757 Phone (518) 402-8935 FAX (518) 402-8925 J-7-rl SUFFOI,K COUNTY WATE111 AUTHORITY 4060 Sunrise Highway, Oakdale, New York 11769 (631) 589-5200 Fax (631) 589-5268 December 9, 2003 Mr. Bennett Orlowski� Jr. Town of Southold Planning Board PO Box 1179 Southold, NY 11971-0959 Re: SCTM #: 1000-125-1-14 Project Name: proposed Major Subdivision of John McFeely Dear Mr. Orlowski: The Suffolk County water Authority has no objection to the Planning Board assuming lead agency for the above referenced project. In addition to those item in Part D of the EAF, SCWA suggests that the topics on the enclosed checklist be addressed as part of the SEQRA review. The planning Board should incorporate the mitigative measures as covenants and restrictions on the project if it is approved. Please keep us apprised of this project. if you have any questions concerning our comments, please don't hesitate to give me a call at 631-563-0306. Sincerely, AJudyi ae Sr. Environmental Analyst uy; 2003 Enclosure Environmental Review Checklist A. Water Resources(Groundwater) I Location and description of aquifers and recharge areas a. quality b. quantity C. seasonal variation d. depth to water table 2. Identification of present uses and level of use of groundwater a. private water supply b. public water supply C. location of existing wells d. agricultural uses e. commercial/Industrial uses f. seasonal variation B. Land Use and Zoning I Existing land use and zoning a. description of the existing land use of the project site and the surrounding area b. description of existing zoning of site and surrounding area C. description of any affected agricultural district or other farmland retention program boundary in and surrounding the site 2. Description of any land use plans or master plans which include project site and surrounding area a. Southold Master Plan b. Southold Water Supply Management and Watershed Strategy C. Special Groundwater Protection Area Plan C. Public Water Service I. Existing facilities 2. Current usage levels 3. Projected future usage levels 4. Projected future facilities D. Significant Environmental Impacts-Identify those aspects identified in above Items A. B. and C.,that may be adversely or beneficially affected by the proposed action including cumulative impacts as measured against Southold Water Supply Management and Watershed Protection Strategy and provide discussion. E. Mitigation Measures to Minimize Environmental Impacts-Describe mitigative measures to reduce or avoid potential adverse impacts identified in Item D. Mitigative measures include,but are not limited to: I. Clustering development. 2. Limiting clearing to retain maximum undisturbed recharge areas. 3. Conserving open space and placing conservation easements to protect these areas.The project should be designed in context of adjoining areas to maintain unfragmented,contiguous open space to maximize the benefit of these areas both ecologically and in terms of watershed protection. 4. Limiting fertilizer dependent vegetation to minimize turf areas. 5. Using native plants for landscaping purposes that require less water and are more drought tolerant. 6. Preserving existing native vegetation to the maximum extent practical keeping in mind realistic accessory uses that will likely occur(ie;sheds,pools). A conservation easement should be placed on the preserved area so it is not disturbed for accessory uses. 7. Using natural storinwater management practices(grass swales,filter strips,created wetlands, etc),where possible. 8. Only installing ornamental water features that recycle water. Signs should indicate that water is recycled. These water features should not be operated during a drought. 9. Using porous pavements,and/or minimizing road widths to the extent practical,while still allowing adequate emergency access. 10. Requiring the use of landscape methods that minimize recharge of contaminants. F. Identify adverse environmental effects that cannot be avoided if the project is implemented *5. State of New York Department of Transportation State Office Building 250 Veterans Memorial Highway Hauppauge, NY 11788-5518 SUBIMAL CHAKRABORTI,P.E. JOSEPH H.BOARDMAN REGIONAL DIRECTOR COMMISSIONER November 21, 2003 Mark Terry, Senior Environmental Planner Southold Planning Board P. 0. Box 1179 Southold, New York 11971-0959 RE: Major Subdivision of John McFeely N/0 NYS Route 25 SCTM 1000-125-1-14 Laurel, Southold Dear Mr. Terry: We reviewed the Environmental Assessment Form (EAF) for the proposed residential subdivision . We have no objection to the Planning Board position to assume SEQR lead agency status. If this subdivision is approved and there are any highway impacts on NYS Route 25 (Main Road) the developer must apply for a highway work permit from E. Smith, Permit Engineer at 952-6020. For other questions, you may contact G. Beierling at 952-6128. Thank you for advising us of this proposed subdivision. Very truly yours, I N10V 12 5 '2010 1 MAICHAEL J.MGEIGER, e.E, Planning &Program Management southow TOW, Planning quarM cc: E. Smith, Traffic & Safety—Permits PLANNIING BOARD MEMBERS SqFF01/( BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman Towm Hall, 53095 State Route 25 Cz RICHARD CAGGIANO Go Southold, New York 11971-0959 WILLIAM J.CREMERS Telephone (631) 765-1938 KENNETH L.EDWARDS Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 11, 2003 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 NYCRIR Part 617 the following: 1. Your jurisdiction in the action described be low; 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: Proposed Major Subdivision of John McFeely Located n/n NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone:A-C Requested Action: This proposed major subdivision is for 6 lots on a 30.785 acre parcel where the Town of Southold and the County of Suffolk will acquire fee title to 24.041 acres for open space purposes. The 24.041 acres will be divided into Lots 5 and 6 (to be shown upon the survey). SEQRA Classification: Type I (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 243 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: ( X ) This agency wishes to assume lead agency status for this action. Page 2 Lead Agency Coordination Request This agency has no objection to your agency assuming lead agency status for this action. Other (see comments below) Comments: Natural Resources -The site consists of mostly vacant, undeveloped land that is dominated by early woodland habitats and contains several dirt paths/trails located throughout. The site contains freshwater wetlands in the north and northwest corner of the site. The wetlands will be included within the portion of the site subject to the 24.01 acre fee title acquisition for open space purposes and no improvements are proposed within 100 feet of the systems. The NY Natural Heritage Program has not been contacted to determine if there is any record of rare plants or wildlife in the vicinity. Soils and Topography -The site is relatively flat throughout with slopes greater than 15 percent occurring in the north portion of the site. Areas greater than 15 percent will be included within thefee title acquisition portion of the site. The Suffolk County Soil Survey(Warner, 1975) identifies seven soil types on the subject site, which consist of the following: Riverhead sandy loam, RdA- 0 to3 percent slopes, well drained Riverhead sandy loam, RdB- 3 to 8 percent slopes, well drained Cut and Fill Lands, CuB- gently sloping Carver and Plymouth sands, CpE-1 5 to 35 percent slopes Plymouth loamy sand, PIA- 0 to 3 percent slopes, excessively drained Plymouth loamy sand, PIB- 3 to 8 percent slopes Plymouth loamy sand, PIC- 8 to 15 percent slopes, excessively drained The Riverhead Series consists of deep, well-drained moderately coarse textures soils that formed a mantle of sandy loam or fine sandy loam over thick layers of coarse sand and gravel (Warner, 1975). The soil survey lists the erosion hazard for RdA as slight, and the soil is limited by moderate doughtiness in the moderately coarse textured solum. The soil survey lists the erosion hazard for RdB as moderate to slight and the main concerns of management are controlling runoff and erosion and providing adequate moisture for landscaping/agriculture. Carver Series also consists of deep, excessively drained coarse-texture soils. The hazard of erosion is moderate to severe on CpE soils, which tend to be droughty and have a low natural fertility. Moderately steep to steep slopes are a limitation to use and these soils are poorly suited to crops commonly grown in the county. The Plymouth Series also consists of deep, excessively drained, coarse- textured soils. PIA soils are fairly well suited to crops, with many areas formerly cleared for forming. The erosion hazard is slight for this soil type and moderate to severe in the PIC soil type due to slopes and the sandy texture of the soils. Slope and doughtiness are the main limitations on PIC soils. Water Supply-The applicant expects to connect to public water. It is estimated that the 4 proposed residential lots will utilize approximately 1,200 gallons of water per day. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Page 3 Lead Agency Coordination Request Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. Therefore, the allowable nitrogen bearing flow for the overall 30.78 acres site is 18,471 gpd, or less with subtraction of surface water and wetlands from the computation. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: Single family d elling 300 gpd x 4 dwellings 1,200 gpd Therefore, the proposed applications would conform with Article VI of the Suffolk County Sanitary Code. Cultural Resources — To date, no known cultural or archeological occurrences have been identified. Please feel free to contact this office for further information. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Southold Town Board Board of Appeals Board of Trustees Building Department Peter Harris, Town of Southold Highway Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Walter Hilbert, Suffolk County Department of Health Services Sheri Aicher, NYSDEC - Stony Brook, Teresa Mackey, NYSDEC - New York Natural Heritage Program —Albany John Milazzo, Esq, Suffolk County Water Authority, New York State Department of Transportation *Maps are enclosed for your review 14-16-2 (9/95)-7c 617.20 SEOR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project 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 environmentor may not be technically expert in environmental analysis. In addition, manywho have knowledge in one particulararea may notbe awareof the broaderconcerns 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 enough to allow introduction of information to fit a project or acti6n. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. 1 Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: M--I�art 1 0 Part 2 Wart 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: 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. 0 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.* I 0 C. The project may result In one or more large and Important Impacts that may hilLve 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 A--) V Name of Lead Agency C10111A Prin ame of Responsible Officer In Leadd Agency Title iof Responsible Off l4er Signat4e of Responsible Officer In Lead Agency Signat of Pre rer(If different from responsible officer) 10 ay Date PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider, as part of the application for approval and may be subject to further verification and public review. Provide any addition information you believe will be needed to complete Parts 2 and 3. tly available and will not invol It is expected that completion of the full EAF will be dependent on information curren new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and speci each Instance. NAME OF ACTION —d County) LOCATION OF AC (Include BUSINESS TELEPHONE NAME OF APPLICAN PONSOR 041) 43 XAA AODRESS WV_v-V STATE ZIP CODE CITYIPO NAME OF OWNER Of d BUSINESS TtLEPHONE ADDRESS J 5.!�0 0 qu-y) :00E CITYIPO DESCRIPTION OF ACTION 'r-V iz Please Complete Each Queition—Indicate NA. If not applicable A. Site Description Physical setting of overall project both developed atnd undeveloped areas. tia (suburban) Akural(non-fa 1. Present land use: O"an Oindustrial OCommerclal OResiden I 0F9rest OAgirliculture 00ther -2. Total acreage of project area: '3 L_acres. APPROXIMATE ACREAGE PRESENTLY AFT.ER COMPLET101' Meadow or Brushland(Non-agricultural) K acres acre —7-3-+-- acres acre Forested acre Agricultural (includes Orchards, cropland, pasture, etc.) acres Weiland (Freshwater or tidal as per Articles 24, 2S of ECL) 0.1 acres acre acre Water Surface Area acres acrt Unvegetated (Rock, arth or fill) — acres Roads, buildings and other paved surfaces 71 -1 acres acrt Other (Indicate type) acres ......... act, a . , 1, [�� 3. What Is predominant soil type(s) on Project site? V114MO+k "o , . _-5– a. Soil drainage: IdWell drained . 20 % of site 'OM(;derately well drained _,� % Of site Woody drained A– - % of site b. If any agricultural land Is I�.volved, how many acres of soil are classified within soil group I through 4 of I the Land Classification System? .acres. (See 1 NYCRR 370). A. Are there bedrock outcropplhgs on project site? OYes /K14 0 a. What is depth to bedrock? an feet) 2 5. Approximate percentage of proposed project site with slopes: WO-1 0% % 010-15% % 0a15% or greater % 6. Is project substantially contiguous to, or contain a building. site, or district, listed on the State or the National Registers of Historic Places? OYes )4No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes XNO 8. What is the depth of the water table? -(in feet) 9. Is site located over a primary, principal, or sole source aquifer? _�y es ONO 10. Do hunting, fishing or shell fishing opportunities present-ly exist in the project area? Ayes ONO 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYe5 *0 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). OYes No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes JVN o If yes, explain 14. Does the present site include scenic views known to be important to the community? OYes -3�No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areyi=ontiguous to project area: a. Name I I I b. Size (in acres) GL&W 17. Is the site served by existing public utilities? _�Yes ONO a) If Yes, does sufficient capacity exist to allow donnection? *le s ONO b) If Yes, will improvements be necessary to allow connection? .1n.Yes ONO 18. Is the site located in an agricultu I district certified pursuant to Agriculture and Markets Law, Article 25-AA. Section 303 and 304? OYes ��O 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 617? OYes O(Nn 20. Has the site ever been used for the disposal of solid or hazardous wastes? Oyes gNO B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed: U'D acre's Initially, acres ultimately. c. Project acreage to remain undeveloped 24.6 acres. d. Length of project in miles: �(If appropriate) e. 1f the project Is an expansion, Indicate percent of expansion proposed %; f. Number of off-street parking spaces existing proposed g. Maximum vehicular trips generated per hour (upori completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially A- Ultimately 1. Dimensions (in feet) of largest proposed structure-height; width; - length. J. Linear feet of frontage along a public thoroughfare project will occupy is? -ft How much natural material (i.e., rock, earth, etc.) will be removed from the site? tons/cubic yards' 3. Will disturbed areas be reclaimed? Oyes ONo _�dNJA a. if yes, for what intended purpose is the site being reclaimed? b. will topsoil be stockpiled for reclamation? 6Yes ONo c. Will upper subsoil be stockpiled for reclamation? -MYes ONo te? 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from si . acres. S. Will any matu�el forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes V�N 0 6. If single phase project: Anticipated period of construction months, (including demolition). 7. if multi-phased: a. Total number of phases anticipated . number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent ,phases? OYes 2§N 0 8. Will blasting occur during construction? OYes ;�M 0 9. Number of jobs generated: during construction after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? OYes ONo If yes, explain 12- -Is surface liquid waste disposal involved? Oyes &No a. If yes, indicate type of waste (sewage, industrial, etc.) an� amount b, Name of water body into which effluent will be dischar 13. Is subsurface liquid waste disposal involved? OYes o Type 14- Will surface area of an existing water body increase or decrease by proposal? OYes W_N 0 Explain 15. Is project or any portion of project located in a 100 year flood plain? lAes ONo 16. Will the project generate solid waste? *Yes. ONo a. If yes, what is the amount per month . tons b. if yes, will an existing solid waste facility be used? IOYes ONo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes AN 0 e. If Yes, explain 17. Will the proj.ect involve the disposal of solid waste? Kyes ONo a. If yes, what is the anticipated rate of disposal? -tonsimonth. b. if yes, what Is the anticipated site life? -years. 18. Will project use herbicides or pesticides? OYes 16No 19. Will project routinely produce odors (more than one hour per day)? OYes *0 20. Will project produce operating noise exceeding the local ambient noise levels? OYes *0 21. Will project result in an increase in energy use? )OYes ONo If yes . Indicate type(s) Pjltdll�k 22. If water supply is from wells, indicate pumping capacity.- gallonsiminute. 23. Total anticipated water usage per day gallons/day. 24. Does project Involve Local, State or Federal fundl ? Kyes ONo I -L J-M 0 If Yes. explain '�v L 4 �S. Approvals Required: Submittal Type Date City, Town. Village Board es ONo 0 Kv P J ky , City, Town, Village Planning Board N:Yes CNo City, Town Zoning Board OYes '�%N 0 1 b V-�LzAry\ City, County Health Department N'Y es ONo Other Local Agencies 0yes 0 Other Regional Agencies �b\y es o State Agencies OYes �oo Federal Agencies OYes �Rl`lo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? Yes DNo If Yes, indicate decision required: Ozoning amendment Ozoning variance Ospecial use permit 5�ubdivision Osite plan Onew/revision of master plan Oresource management plan Oother 2. What is the zoning classification(s)of the site? 9- T)0 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. -What is the proposed zoning of the site? ,S. What is theogmurn potential development of the site if developed as permitted by the prop.osed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Xyes ON 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? 8. Is the proposed action compatible with adjoiningtsurrounding land uses within a 1/4 mile? .0'Yes ON 9. If the proposed action is the subdivision of land; how many lots are proposed? a. What is the minimum lot size proposed? "A-- 10� Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes 6N 11 . Will the proposed action creat a demand for any community provided services (recreation, education, polics fire protection)? OYes ZtNo a. If yes, is existing capacity sufficient to handle projected demand? OYes ONo 12. Will the propos.ed action result In the generation of traffic significantly above present levels? Oyes* )dN- a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONo D. Informational Details Attach any additional information as may be needed to clarify your projecL if there are or may be any adver! impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate 4 avoid them. E. Verification I certify that the information provided abov e is true to the best of my knowledge. aCkA_ rl'A�Date Applican r Name J,]D&Ar7yN wak 'PI(ALU-111 11 P 1*4 V I - Signature Title I&Alauayd j"L It this action Is In th astal Area, and you are a state&Sency,complete the Coastal Assessment Form befor:proceedif with this anessment. PLANNING BOARD MIEMBERS FFDLI( BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 RICHARD CAGGIANO W Southold, New York 11971-0959 Telephone (631) 765-1938 WILLIAM J. CREMERS Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 11, 2003 Peter Danowski, Jr., Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 Re: Proposed Major Subdivision of John McFeely Located n/o NYS Route 25 and the LIRR Easement in Laurel SCTM#1000-125-1-14 Zone: A-C Dear Mr. Danowski: The Southold Town Planning Board, at a meeting held on M�Cnday, November 10, 2003, adopted the following resolution: WHEREAS, this proposed major subdivision is for 6 lots on a 30.785 acre parcel where the Town of Southold and the County of Suffolk will acquire fee title to 24.041 acres for open space purposes; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQRA coordination process for this unlisted action. If you have any questions, please contact this office. Yours truly, Bennett Orlowski, Jr. Chairman Enc. cc Melissa Spiro, Office of Land Preservation LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART,ESQ. September 5, 2003 Mark Terry Gregory Yakaboski, Esq. Senior Environmental Planner Southold Town Attorney Town of Southold Town of Southold Planning Board Office Town Hall—53905 Main Road P.O. Box 1170 P.O. Box 1170 Town Hall, 53095 state Route 25 Southold, New York 11971-0950 Southold, New York 11971-0950 Re: Property of Jack McFeely —SCTM #1000— 125— 1 — 14 Gentlemen: Per our recent Planning Board discussions, Joe Ingegno will be revising the subdivision plan. I believe the Town may have indicated they will take the same position as the County that they will not pay for the open space created as a result of the four (4) residential lots. If that is the case, as discussed at the Planning Board meeting, that open space area will be added to the residential lots and depicted on the perimeter as suggested by Mr. Terry. I believe the total amount of the open space acreage to be depicted within the retained four lots would then be double the area as recited in Mr. Terry letter, to wit: .478 + .478 = .956. Very truly yours, / � 'Ka-1 PETER S. DANOWSKI, JR. PSD:gsg cc: Jack McFeely E C SEP 0 2003 yva rSauthold TowM Pialning Board PIANNING BOARD MEMBEA 0 P.O. Box 1179 BENNETT ORLOWSKI,JR. Town Hall,53095 State Route 25 Chaiman Southold, New York 11971-0959 RICHARD CAGGLANO C* Telephone (631) 765-1938 WILLbkM J.CREMERS 15, Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE August 19, 2003 TOWN OF SOUTHOLD Peter Danowski, Jr. Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, N.Y. 11901 Re: Jack Mcfeely SCTM# 1000-125-1-14 Proposed major subdivision for 6 lots on a 30.785 acre parcel where lot 1 equals 1 .67 acres; lot 2 1.63 acres; lot 3 1.53 acres and lot 4 1.54 acres. Lots 5 and 6 are subject to a pending Development Right sale and equals 24.041 acres. Dear Mr. Danowski: As discussed during the August 18, 2003 worksession, the Planning Board agreed to allow the lots be increased by a total of 41.671 sq. ft. in size to zoning district specifications. The Planning Board recommends that the acreage be distributed and incorporated into non-disturbance buffers around the lot perimeters. In addition, the required cul-de-sac must be located within the "developed" area adjacent to Lot 2 or 3. The Planning Board also is requiring that no direct access to Main Road be permitted from Lots 1 and 4. The right of way width as discussed is recommended to be 50'; the road width and material will be dependent upon the public vs private ownership. If you have any questions please give me a call at 631- 765-1938. Sincerely, 'ar k Terry Senior Environ t Planner X; S Cc: Pla ing Board L L Pr s ry ti Coo nd Preservation Coordinator Marian Sumner, Peconic Land Trust PLANNING BOARD MEMBERS P.O. Box 1179 BENNETT ORLOWSKI,JR. Chairman Town Hall, 53095 State Route 25 C* Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L. EDWARDS MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 29, 2003 Via Facsimile Peter Danowski, Jr. Esq. 616 Roanoke Avenue P.O. Box 779 Riverhead, N.Y. 11901 Re: Jack Mcfeely SCTM# 1000-1 25-1-14\ Proposed major subdivision for 6 lots on a 30.785 acre parcel where lot 1 equals 1.67 acres; lot 2 1.63 acres; lot 3 1 .53 acres and lot 4 1 .54 acres. Lots 5 and 6 are subject to a pending Development Right sale and equals 24.041 acres. Dear Mr. Danowski: As discussed, the letter that was delivered to Ms. Marian Sumner of the Peconic Land Trust dated March 13, 2003 regarding the right-of-way specifications follows. The road specifications proposed were discussed with Jamie Richter, Town Engineer and Peter Harris, Highway Superintendent. If you have any questions please call. S'n erel c ' ark Terry Senior Envi' nmen al Planner Cc: File Planning Board PLANNING BOARD MEARS BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 13, 2003 Via Fascimile Marian Sumner P.O. Box 1776 296 Hampton Road Southold, New York 11971 Re: Jack McFeely SCTM: 1000-125-1-14 Dear Ms. Sumner: The following is a summary of our March 12, 2002 meeting with Jamie Richter, Town Engineer and Pete Harris, Highway Superintendent regarding the proposed right-of-way for the McFeely property. Jamie Richter indicated that a 50' row with a 24' paved surface and a 100' x 100' cul-de-sac with a tree island (see attached sketch) is acceptable if the ROW is to be dedicated to the Town. Pete Harris agreed with the sketch and will accept the ROW as a public road if it is posted with no parking signs, designed with mountable curbing and the gate is located at the termination of the cul-de-sac. Sincerely, ark Te Senior Mnvi/nmmenta4ra�nner Enc. tA Zop uo ft, :E f.40 cw S 64*17'22" 141.70' L)l C�Vmc MWCC 86.44'001, no",ft w 2 S 72-5l'id" W 215 6 oo MAIN ROAD ys, W\ \-C 4,�) 31 )3113 L PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. P.O. Box 1179 Town Hall, 53095 State Route 25 Chainnan Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L. EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 13, 2003 Via Fascimile Marian Sumner P.O. Box 1776 296 Hampton Road Southold, New York 11971 Re: Jack McFeely SCTM: 1000-125-1-14 Dear Ms. Sumner: The following is a summary of our March 12, 2002 meeting with Jamie Richter, Town Engineer and Pete Harris, Highway Superintendent regarding the proposed right-of-way for the McFeely property. Jamie Richter indicated that a 50' row with a 24' paved surface and a 100' x 100' cul-de-sac with a tree island(see attached sketch) is acceptable if the ROW is to be dedicated to the Town. Pete Harris agreed with the sketch and will accept the ROW as a public road if it is posted with no parking signs, designed with mountable curbing and the gate is located at the termination of the cul-de-sac. Sincerely, ;ark Te S 10 anner enior EnZvi nmental er Enc. rn z\ do 334- A) N Zop F"D lw�l S 64'17'22" 141.70' mk%tf 85-44'00, w 30 21 S 72-51.1cill w 21 6 Ab loo G M IN ROAD PLANNING BOARD MFMBERS BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 RICHARD CAGGIANO CO2 Southold, New York 11971-0959 WILLIAM J. CREMERS W- Telephone (631) 765-1938 KENNETH L. EDWARDS iP Fax(631) 765-3136 MARTIN H. SIDOR PIANNING BOARD OFFICE TOWN OF SOUTHOLD March 12, 2003 Marian Sumner P.O. Box 1776 296 Hampton Road Southold, New York 11971 Re: Jack McFeely SCTM: 1000-125-1-14 Dear Ms. Sumner: As you are aware this office is trying to coordinate with the DOT on the proposed curb- cut for the above application. The DOT has indicated in a March 5, 2003 letter that the more detailed information is needed. The letter and checklist follow. Please let me know when this is satisfied so that we can re-coordinate with the DOT. I am puzzled why they would want such details prior to a field inspection to determine the best location for the curb -cut. Sincerely, MaMark Te S In eni nvironmental Planner Enc. 0 D E C E I V E VMMR - M N STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION Southold Town it old Town VETERANS MEMORIAL HIGHWAY -7-- Planning Eftard HAUPPAUGE, N.Y 1 1788 THOMAS F OELERICH, PE. JOSEPH H. BOARDMAN ACTING REGIONAL DIRECTOR COMMISSIONER March 5, 2003 Mr. Mark Terry Planning Board Office Town of Southold P. 0. Box 1179 Town Hall, 53095 Route 25 Southold,New York 11971-095 9 Your Februga 28, 2003 Submission John McFeely Minor Subdivision Route 25, Laurel SCTM 1000-125-01-14 Our Case No. 03-55P Dear Mr. Terry: This is to acknowledge receipt of your submission on the above permit application. For us to commence our review, kindly submit four copies of detailed site plans incorporating the information indicated on the attached checklist. This permit application should be sensitive to the unique visual and historic setting of the Long Island North Shore Heritage Area, which runs from the Queens/Nassau County line to Orient Point, and from Route 25 or 1495, whichever is farther south, north to Long Island Sound. In all future correspondence, please refer to the subject case number. The plans must also include the County tax map number. The subject material is being reviewed by Mr. Mark Wolfgang. He can be contacted at (63 1) 952-6020 if you have any questions regarding this matter. Please send all correspondence to his attention. Thank you for your cooperation concerning this matter. V=eryyours, ,,--'SHAIK A. SAAEF7P.E. Civil Engineer III Traffic Engineering and Safety Attachment: Site SASJHJS PLANNING BOARD MEMBERS A BENNETT ORLOWSKI,JR. P.O.Box 1179 Town Hall, 53095 State Route 25 Chairman C� 5 Southold, New York 11971-0959 RICHARD CAGGUNO Telephone (631) 765-1938 WILLIAM J. CREMERS Fax (631) 765-3136 KENNETH L. EDWARDS MARTIN SIDOR PLANNING BOAIRD OFFICE TOWN OF SOUTHOLD RAR 03 '03 RECM)NIALTRAFM, OFFICE mum. TC.AND S.E.D.MGR. F TRAFFIC CONTROL February 28, 2003 SAFM EVAL&DEVELOP. Mr. Eugene Smith SIGNAL DESIGN&OPR.MOR. SIGNALDESIGN NYS Office Building &LTG OPER. 250 Veterans Hwy. ER&MVI 4GR' Hauppauge, NY 11788 IGN REVII RMITS Re: Curb Cut for Proposed Minor Subdivision of John Mcfeely TRUCKS SCTM# 1000-125-01-14 MVI-BUS INFORM Dear Mr. Smith: The above application requires a curb-cut permit from your office. I would like to set up an on-site meeting to discuss the proposed location of the curb-cut. I will contact you next week to discuss a date, in the interim, if you have any questions please call (63 1) 765-1938. A survey of the property is enclosed for your perusal. Sincerely, >eark Terry Senior Environmental lariftier Enc. $ITE PLAN REQUIREMENTS CHECKLIST: kJ —A. Location and dimensions of existing highway pavement, curb, sidewalk, median, median openings, guide rail, utilities, signs (including size and text), pavement markings, bus stops, overhead and underground traffic signal equipment, right-of-way lines, controlled access lines and property lines. B. Existing and proposed buildings, appurtenances and drive-through windows. '�—Cll Design features, referencing the latest edition of the NYS Standard Specifications, to be incorporated in proposed work: 1. Driveway pavement type and dimensions. 2. Radii of driveway returns and other points of curvature. 3. Driveway grades or profiles, indicating low point on private property. 4. Angle of driveways relative to roadway center line. 5. Dimensions of roadside control islands and driveway medians. 6. Dimensions of curb and sidewalk relative to pavement edge. 7. Details of internal traffic circulation, including proposed signs, pavement markings and traffic signal equipment. 8. North arrow and scale on each applicable sheet. �—D. Size, type and grade of existing and proposed drainage features. Plastic pipe is not permitted within State right-of-way. LE. Distance from each existing and proposed driveway to each adjacent driveway and cross street, including adjacent property lines and streets and driveways opposite the site. F. Maintenance and protection of traffic plans. We will recommend lane closing restrictions. Nighttime lane closures require our prior approval. G. Traffic signal plans must be shown on a separate sheet including pavement markings, turn lanes, driveways, sidewalks and pedestrian ramps, crosswalks, buildings, poles, power supply, pullboxes, conduit, controller, head layout including face numbering, detection, right-of-way lines and signing. All work must be referenced to the latest edition of the NYS Standard Specifications. The plans must show existing features, such as drainage and utilities, which may conflict with the proposed signal. Tables of Operations, Clearances, Switchpacks, Input Wiring and Loop Wiring must be included along with a Phasing Diagram and Estimate of Quantities. H. Aerial photograph of the site and environs. 1. Beginning and ending reference markers. site.wpd 4/5/02 1�31727745- PETERSDAN PAGE 01/02 10 LAW 0FFICES ft7m S. DANOWSKI, JR. 616 ROA14OKE AVENUE P.O.BOX 779 FAVERHEAD,NY i 1001 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART.ESQ. TELECO M- MUNICATION COVER SHEET TO; Southold Town Board - Attn: Ruthann Woodhull FROM: Peter S . D.Qrowski, jr. , ES7. DATE. Ma--ch 1C, 2002 RE: McFeely Corservat,.ori Project PAX NO. ; 7615-11r-23 1,L Number of Pages, Including This Page: If you have any problems w1th this t6'.eC0mMVnj.Cation, please contact : Gail --------------------------------------------------------------- =C ; Melissa S,-Iiro - FAX 0765-1366 mark �arry - FAX 0765-3136 ,MACian Sumer - FAX #2CA-0711 I-RANSM117A), �ITT� '�A�N'�rTCN MAY TN7);MP�T-,QN VJT-1TC!4 Tr PPTY7T,7(7.FT.) AND CONFTIDENTIAEL AND SOBJECT TD RT--�.CTTCJN� rrM RMARDIIM TTS 01�7.Tr�U?F. OR (DTNrR Tjf�,7. YOU ARE PROHIBITED FROM vinnaUTING �R �1-zqwljz LL.TNU Tlll� INIFQR�TION Ir YOE! ARM MT TMF T%TFNDF,0 RECIPTENY. -1 ?OU NAVL �1=-'IVED '-M" TRA�L'Kl�IYL IN E�EJ!E, PLEEA!M NOTTFY ITS TMMMTAT7,Tff �Nrl RETURN THE �RT(7,T'�AT, -j .'S FY clrElRr MEANS MI'MCUT YAKIK A CWY. 7KMK YOU, 0 �09/2u-33 L"; 162_1727745- PE.TERE DAM PAGE 02/02 /'16F LAW OFFCES Pr-Tr-R S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.13OX 779 PAVERNEAD,NY 11901 (031)727-UM FAX(831)727-7461 JOHN F.TAGGART ESQ. March 10, 2003 Town Board Town of Southold 53095 Main Road,Box 1179 Southold,New York 11971 Atw Ruthann WciodbWl Re: Petition for a Water Main Map Amendment McFeely Conservation Project Dear Honorable Members of the Town Board: In corijunction with the McFeely Conservation Project,we are petitioning for a Water Main Map amendment to aHow public water to service the four(4) lots that are a component of the McFeely Conservation Nect. The plan calls for protection of approximately 24 acres of this critical watershed property on Laurel Lake. As part of the plan,the Suffolk County Water(SCWA)has agreed to provide a letter or water avai lability for the lots and SCWA will be granted an access casement along the existing dirt road that leads to the adjacent SCWA property. Protecting this sole source aquifer is crucial and timing is critical to secure the deal with Jack McFeely, As such I would like to meet with the Town board as soon as possible �o discuss the procedure for amending the water main map. Thank you for your irnmediate consideration. Sincerely, &Ic� PETER S. DANOWSKI,JR. PSD:gsg CC; Jack McFeely Varian Sumner melisea Spiro E C E I V E Mark Ten-y TOO South Plann LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN P.TAGGART.ESQ. November 7, 2002 Marian Sumner Melissa Spiro c/o Peconic Land Trust Town of Southold P.O. Box 1776 Town Hall - 53905 Main Road 296 Hampton Road Southold, New York 11971 Southold, New York 11971 Joseph Ingegno, Surveyor P.O. Box 1931 Riverhead, NY 11901 Re: Jack McFeely to the Cognly of Suffolk Dear Sir or Madarn: I have been asked by Jack McFeely to represent hisAnterests-in the County acquisition of the open space and preserve area on the�map produced by Mr. Ingegno. Obviously, the contract is subject to Planning Board approval, which also mandates approval from the Suffolk County Department of Health Services. I understand from Mr. McFeely that an application has been filed with the Town of Southold and that an application has been filed with Suffolk County Department of Health Services. I expect that Town Trustees and the New York State Department of Environmental Conservation may need to be involved in the process. It would also appear that the Health Department will require an answer to an inquiry regarding public water availability. I have begun to engage in discussions with the County reg arding the proposed purchase contract. Please advise when this matter may appear on the Southold Town Planning Board agenda and forward to me any notices received from the Suffolk County Department of Health Services. V trull yours, eA Z!, JE -ERS. DANOW5KLJR,7 T PSD:gsg cc: Jack McFeely NOV 15 2002 Southold Town Planning Board I Sublitission Without a Cover Letter ��V'10-v) So--VVk0Qt/' J1( 0yl(CL-aLJ —( VL"-S+ Subject: Mc Fee- Wka- cw CLL,�06Q(111 &toy-) SCTIII-#: 1000- t?,s Date.- Comments: OCT 18 soutboldTown Plampi-no Board /777— Submission fl,ithout a Cover Letter Subjech c- �e--e SCT,mf#. 1000- C) Date: SEP i SoutholdTown Plg�nln#BMd PECONIC LAND TRUST 296 Hampton Road,P.O.Box 1776,Southampton,NY 11969 (631)283-3195 Fax:(631)204-0711 -0 �peconiclandtrust.org 24 September, 2002 Bennett Orlowski, Chairman, Planning Board cuv� Town Hall 53095 State Route 25 PO Box 1179 Southold, New York 11971-0959 RE: McFeely Minor Subdivision situate Main Road, Laurel; SCTM#: 1000-125-1-14 Dear Mr. Orlowski: As you know, John McFeely has been working with the Peconic Land Trust to implement a limited development/conservation plan for his 30.6 acre property on Route 25 in Southold. Presently, we are representing Mr. McFeely during the approval process for a subdivision plan. Enclosed is an application submission with the following materials: • a check in the amount of $2000 to cover the application fee • eight (8) surveys • a copy of the tax map • an endorsement letter from the owner Thank-you, !kI TI. D Ha'ight, MLA OCT 0 7 2002 Design Associate t"MW Town OLASER FICHE FORM 0 SUBDIVISIONS Prooect Type: Conservation Status: Withdrawn SCTM # : 1000 - 125A-14 Probect Name: McFeely, John Location: The prdect is located No NYS Route 25 and the LIRR easement in Laurel. Hamlet: Laurel Applicant Name: John McFeely Owner Name: John McFeel Zone 1: R-80 Approval Date: NC;�, ,qff1WueV PLAT Signed Date: Cfr2' 09�5EP OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's : Homeowners Association R and M Agreement: Address: County Filing Date: SCANNED JUL 2 0 Records QM "emeot A SCAN Date: SHEET 1 OF 2 SUBDIVISION SKETCH PLAN suejl� PREPARED FOR JOHN McFEELY SITUA TED AT LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 125-01 - 14 SCALE 1 "= 100' JUNE 26, 2002 DECEMBER 18, 2003 REVISED SKETCH PLAN MARCH 9, 2004 ADDED TOPOGRAPHICAL SURVEY JUNE 22, 2004 ADDED 10' NON—DISTURBANCE AREA TOTAL AREA = 1 ,340,985.98 sq. ft. (TO TIE LINE) 30.785 ac. KEY MAP SCALE 1 "=600' BU1LDING ZONE DISTRICT: R-80 0 WNER: NOFO ASSOCIATES c/o PETER S. DANOWSKI, Esq. P.O� BOX 779 RIVERHEAD, NEW YORK 11901 Ilk 00, ..'Q AL sL AL Jt, AL AL Ak 0 1 TEST HOLE DATA (FEST HOLE DUG BY WDONALD GEOSCIEN ON APRIL 17. 2002) sk, sq. L Ak sw It S 75- a. It 49 LOT 6 .00 1. M� 4, 16.2W sq. ff. TO M.. 1 322 F 94.. 15 j$ t4 .26 Q&. o 00, 0 17 0. o 0. au� LOT 5 4911.�3 sq. ft. .392 fos <1 0 U00 ro sse ""S% d� W 0 LOT 3 sq. 2.092 q5 LOT 2 OR 100.81z 2311 Aq, b, 10 wq%�Es s�!' vf�P'� 1 FOR SEE DETAL PAGE 2 LOT I 7M ------- 73.007 sq .'551 __4_ 0 417.149 62: 1.542 ti. 13l' No vM �Fl= y far, ---------- L ----------—---— Joseph A. Ingegno Land Surveyor Title Surveys — Subdivisions Site Plans — Construction Loyout PHONE (631)727-2090 Fox (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 322 ROANOKE AVENUE P.O. Box 1931 RIVERHEAD, New York 11901 R;verhead, New York 11901-0965 N.Y.S. Lic. N.. 49668 1 I I 22-175C E C E JAN 9 2004 SUBDIVISION SKETCH PLAN SUBJECT PREPARED FOR JOHN McFEELY 'PREMISES SITUATED AT LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C . TAX No. 1000- 125-01 - 14 SCALE 1 "= 100' JUNE 26, 2002 DECEIUiBER 18T 2003 REVISED SKETCH PLAN TOTAL AREA = 1 ,340,985.9B sq. ft. (TO TIE LINE) 30.785 ac. KEY MAP BUILDING ZONE DISTRICT: R-80 SCALE 1 "=600' 1 ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. EXISTING ELEVATIONS ARE SHOWN TH-U—S. EXISTING CONTOUR LINES ARE SHOWN THUS: b 0 R is. C:� TEST HOLE DATA IT, (TFS- HOLE DUG BY V�OONAIO GFOSCiFINC ONAPPIT 17, 2002) 1 PRD.0 t,I o x Roq� RA.1 .141 IR IV UP S LOT 6 1. ler. INI A, ,4� or -1; _ 1 1 2' 496.2 3 q ft 0, 1. sic's, I,U, P, --149 0 6-T. irs, 6 1 ft Voia�7 ,, Of 679" S9. 0 62 L; so co 11`110. LOT 5 11�362 P� `x, T,T, V Oil Do T, 6 '3L Dos IL LOT 3 cr, 91.107 sq P t I , I 2 092 T, d' D',,R� LOT 2 I.C.Alo ft 2.311 1p st. x� ou to LOT I -CI_c I ',A /V11 73.0.7 1, I LU 1�676 . LOT 4 C's ID cit 67.149 sq N ."D 1 .2 Pic 4_ DIRT ROI 61 so or 6 tF1 —:7D F-- E P,ituLNG L 139, 131' - el Y's FTr, 295 39' 101,r S 55-44'00" so Joseph A. Ingegno Land Surveyor If A �A- Title Sur%,eys — Subdivisions Site Plons — Construction Loyoot /,.- - I 4 PHONE (631)727-2090 Fox (631)727-1727 t OFFICES LOCATED AT MAILING ADDRESS 322 ROANOKE AVENUE P.O. Box 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 N Y S LID No. 49 568 22-175-1 2 8UBDIVISION SKETCH PLAN PREPARED F013V JOHN McFEELY SITUATED AT V. LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, t4EW YORK S.C. TAX No. 1000- 125-01 - 14 SCALE 1 "= 100' JUNE 26, 2002 TOTAL AREA = 1 ,340,985.98 sq. ft. (TO TIE LIKE) 30.785 ac. KEY MAP SCALE I "=600' BUILDING ZONE DISTRICT: R-80 NOTE: 1. ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS, EXISTING ELEVATIONS ARE SHOWN TWU—S.8-00 EXISTING CONTOUR LINES ARE SHOWN THUS: —go— — 35 0 25- 20-- /S,- -1 70- 0 IL <1 AL AL IL Ak AL AL TEST HOLE DATA (TEST HOLE DUG 9Y YCOONMI) GEOSCIEN ON APRIL 17, 2002) AL 7' 180 S .0 5*0 /v 6- 9 .00. . 1�4 16'S 6 s N%— I &Sp. OPEN SPACE P"SK)" -A J0 01- 1P top 34�5 0 I OF* 3 q. H. AN- LOT 2 1 71f2 ft. 1P 37 11� ip. 0 0 14 30 CO. ol 0. LOT I TEST HDIX 73 D7 ft� 7 T LOT 4 0 ft. t.SA2 b— C, 100e 9.B4 T't 25) S 29 YS Joseph A. Ingegno ov: NIF Lamid Surveyor C), Title Surveys — Subdivisions Site Plans — Construction Layout 49 6 PHONE (631)727-2090 Fox (631)727-1727 L—N -c- OFFICES LOCATED AT MAILM ADDRESS 1380 ROANOKE AVENUE PA 191ox 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 N.Y.S. Lic. No, 0668 1 22-17b SUBDIVISION MAP FOR: Ilk (TEST' oul Mrbo4Aw PROPOSED 6" k0W*w=1E ON, All McFEELY PROPERTY POURED CONCRETE APRON n: hk,� , SITUATED AT ................ ' 'W k P41TH ll HHM . . . . . . . . . . . . . . . . . . . . LAUREL . . . . . . . . r'7 . . . ;8l, LOA41' #ANII�e�.4 TOWN OF SOUTHOLD LOT 5 SUFFOLK COONTY, NEW YORK 4111 sict. ft. S,CT.M,# 1000-125-01 -14 . . . . . . . BASED ON ORIGINAL SURVEY BY: JOSEPH A. iNGEGNO LAND SURVEYOR LOT 3 k P.O. BOX 1931 . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . qI,l 5q. OR014N FINE >6 RIVERHEAD, NY 11901 . . . . . . PALE TO MEDIUM SAND ryp TEL: (631 ) 727-2090 FAX: (631 ) 727-1727 v. . . . ... . EX;5TINO FRAME \I - . - - I _�� SUILDING TO BE REMOVED SUBDIVIDER: JOHN McFEELY SITE DATA: GROSS AREA: 1 ,340,985.98 SQ.FT. =30.785 AC. LOT 2 NUMBER OF LOTS: 001 5q. ft. AREA OF LOTS: SQ.FT. AREA OF ROAD: SQ.FT. EXISTINS, FRAME s REMOVED 9, BUILPINI BE Z POSTAL DISTRICT: Ae jj, SCHOOL DISTRICT: vo FIRE DISTRICT PROP05ED 'o 05! ELECTRIAL SERVICE: UPA TURN AROUN WATER SERVICE: SCWA lk 11 . '4 -ZONING DISTRICT:R-80 DA LOT 6 205, k 4qb�253 sq. ft. T_ T PROP05ED (21' Uj FLU5H CURB, SEE 46 Z TRIBUTARY AREA DETAIL ac, 124,002.0 50.FT 4� Lu EX15TIN5 FRAME BUILOINO TO BE REMOVED Ilk EX15TINO FRAME N3 I V BUILDINO TO BE ('04c. REMOVED tl ATE "Ilk a si t'k . , 1% kI EXISTUN6 EXI,5TINS A5PHALT CONCRETE DRIVEK161'r TO T05E LOT 4 . . . . . . -MOVED BE RE REMOVED LOT (5-7,1414 5q. ft. '72,lq4bq sq, ft. % 1542 Inc. 1z 1.67 al _EXII 2 15TORY E�ILPINO x IL EX15TINO FRAME------ TO BE REMOVED BOJLPIN& To BE 0 REMOVE :10 I Al� 7 \ 0 LOT 5 Cc), e� --- 4cib,253 5q. ft. FOUND -2 I.3q2 cc. 60 ON t� N. PT t .......... A ED f, o NC7 9-0 r_ TE LOT 5 co ....... q 1 IG7 sq ft oe* -AT "AH CUTAND ........... _<WT E DETAIL BLEND IN NEH V� ASPHALT TO MEET EX15TINO LOT 2 fF 2.51 ck, 1 41 - v. PAFMAL SITE FLAN T. .TRIBUTARY AREA x "A 50 100 150 200 250 124,002.10 50.FT. II NOTES ..... I> I. GONTRACTOR TO CLEAN ALL EXISTINO .00A < S oll' R 5E CALGULATIONS: v , PRAINA&E 13A51N5 ALONO AND JNAr TOTAI TRIBUTARY AREA = 124,002.1e, 50.FT. LL I. L D IMMEDIATELY ADJAGENT TO THE ROUTE 25 r-ONSTRUCTION. 0' AREA = 11,440 50FT. 51TE FRONTASE AT THE GOMPLETION OF �JIN 0kLL = 2" (.1619 "LOT 4 �)T 'I ...... n,f COEFFICIENT = .110 2. REPAIR EX16TIN6 5HOULPER, 510DIALIK 6-7,14q Bc[. Ft. il 54. ft. ac -72 1,1�4 <> AkNl? GUIll AS 0, RPEftC? ,5y, STATE 15�2 a c. V�LU PlEaUIRED - 11,440 5OFTxj&-pxqO=I,1Ic1.4 CUFT. z LANDI*,APED AREA = 11256215 5G.FT. 3, ALL OTHER EXISTINC, AGCE55 POINTS TO RAINF ILL m 2" (.16T) RUNIC, COEFF90ENT .20 V=AR * KAY AW P155TOfl T6 STATE Tx.20 -T5q.(g G F VOLU� IE RBRUREV H2,562.10 90FT.X.16 -3, U. T. TII STATE H16+11 ARE TO BE REMOVED 5PEl IONS. 5�165 _ TOTAI VOLUME REOUIRED 547q.0 CUFT. FDAISE : 51 TE FLAI'l AIE �AO-111)112' EFFECTIVE DEPTH LEACHIN& POOL5 I t KEY M TOI VOLUME PROVIDED 6,566.3 SG,FT. 5r-ALE: I"=600' 400 �00 50 0 '00 200 300 6RAPHIc �3CALE 0 f 3 0 o 7 ........... ...... ............ c ...... LOT 6 l I ........................ LOT 5 ......... 69 x 2 51.00 �104 152 LOT 4 x LL ............ ......—.... ...% ............ .......... J, L I r r\ I :� LOT I \V7 5120 -j Till" PROP05ED 24� CONCRETE Q APRON. SEE IIP, 115! DETAIL n4l� 22a 51.60 131, 0 ................II- WA41 Tw 01� 5504 oe K-00 w SON BE SEE I fill r NOTES #2 4 #5 k_,f IA 20 TE FALLS BETV4EEN THIS 51 REFERENCE MARKERS 25-0-104-151cl s 2 -704 5-0 -1,521 PARTIAL SITE PLAN I I I I r I I I 1 � fill 0 30 15 30 60 10 150 6PAPH16 SCALE M v: Jill it z CD UJ z 7 U- uJ -j LU 0 LL ILL IL LL NYSDOT NOTES z doz M 1. GONTRACTOR TO CLEAN ALL EX15TIN& DRAINA5E BASINS ALONO AND IMMEDIATELY ADJACENT TO THE ROUTE 25 51TE FRONTA(E�lE AT THE GOMPLETION OF CON5TRUr.TION, 2. REPAIR EX15TINO SHOULDER, SIDEVIALK AND CURBING AS ORDERED BY STATE ENISINLER. F)AOE : 3. ALL OTHER EXtSTIN6 All POINTS TO THE STATE I ARE TO BE REMOVED AND RESTORED To STATE SPECIFICATIONS. 2 of 3 I'h SHOULDER HORK AREA 1! 25'-0. 2161 10 0-0. 216. 7 �7' �7 1 A00FOLT IAISAA"COURSE A IM-) BASE Coullme(4 �2.) 61,CROWN FLUSH INLET &A5TJN0 j ALLON 34' MINIMUM FOP ADJUSTMENT STA&LI WIL BASE 6-REVEAL ORAPE END b" REINFORaD TRAFFIC, ROAD WORK BEARIWO SLAB To CARRY H-20 LOAD HITH --------------- AN OFFSET OPENIN& STANDARD CONCRETE C.UR5 ITEM;TTA 4060 PSI (SEE CONSTRIZITION NOTE 02) 4 RQ�R SECTION q, NOT To 5GALE SEE E) I STRUN"T I'. E �4000 q-m 5AGKFILL HITH CRUSHED- STONE OR &RAVEL MIX .0 GOMPAOTED IN 61" LIFTS co MAX. TO 145% PROCTOP PEN51TY 1 50!0 MIR .0 0 - 4'-60 MIN. LINE OF EXCAVATION—< P41TH FILTER FABRIC ILI ITEI-1 403.11010 1/211) CVM REFJ I-_ T_ 2'-0" MIN. 0.0 LIGIII A611HALT SEAL (9ROUND KATER LEVEL 13 TOM 401DO op.0 . 0 COLLAR MATEF t 2" ASPHALT 0. �AL 0 NEARIN6 SURFACE C) NO SHOUL 4" RGA BLENC? > ITj"4ce.13 a 1/2 UN ERLFiw�5AND A0 !;:�WA�ZF5-FkATA NO \ Ell, ITEM 403.11 OWE NOTES ! 6",H[N, PENETRATION C) SHOULDER 1 INTO RATEABLE 501L EXIST[Re PA 1. COLLAR DEFTH 15 NOT REQUIRED NH6N RA 1,S) TEABLE MATERIAL EX6T5 FOR FULL DEPTH. ITEM 11$04�10 1 2. THE MATERIAL USED FOR COLLAPINC7 SMALL BE COMMiISED OF 5AND AND ORAVEL FILTER MATERIAL GONTAININ5, LESS THAN FIFTEEN (15) PERCENT 0NE SAND, SILT, AND CLA-T, ( LT Lu il, 51 ITEM 2021,01 AND CLAY FRAGYION5 ARE NOT TO EXCEED FIVE (5) PERI UNDISTURElED- 3. "IRAP EXTERIOR OF PRYHELL5 NITH FILTER FABRIC PqIOR TO BACKFILLIN�9. IN 4. FOOTIN6 RIN615 REOUIRED UNDER DRAINArE 5TPJlr-TURI SOIL T_ A&VEMENT RE510RATION. PETAIL 0 25A HINQ 01 N�ET NEETIN6 EX15TIN6 ASPHALT PAVEMENT) COMPACTED NOT TO SCALE NO (NO REWRFACINIS) 5UE36RADE SHOULDER NOT TO SCALE 4,000 F�Sj GONGRETE ASPHALT PAVEMENT CONSTRICTION ITEMS 5HEET&A W900T FILE 0220.f2l) 203-01 UNCLASSIFIED MAyATIONANip EMBANKMENT HEADER QRQ DETAIL IT604-1011 EUB BASE O2R5E - TYPE loll 403,11 ASPHALT COW-PETE- TYPE I BASE COURSE N.T.5. SEE 5ECTIONS 234.10, 403-15 ASPHALT CONCRETE - TYPE 3 SINGER CZU1R5E 405.1`791 ASPHALTC,0WRETE- Ty0C6FTOPC0JR5E 25&.1, 235.4, 25&.-7, 54.2, 501.2 AND FLAO NORK 'AWLEVE1,1146 COURSE 'T 5UE3GHAPTER 0. -- TREE AREA a�wiJI110 OF 5140"WWI" E ,;60, -_ �MU5 "q6a1Aw&4 i, t-ILIt"OF"TLA10 CEMENT GONGRETE 114111125605, SAW WMWVOIRTLAN�0 AL� LANES MUST BE OPEN To TRAFFIC. BEFORE 11 A.M. AND AFTER 3 P.I M. NO LANE C,1_05IN655 ARE PERMITTED ON HEEKENP5 OR OL Y5 To� FH DA N HITHOUT P &"DS SEALNO AND FILLII JOINTS AND CRArKE, HOLIDAYS.,NITOHTTIME rL05IN05 NILL NOT EIE PERMITTED NITHOUT PRIOR APPROVAL FROM THE STATE PERMIT INSPECTOR _j V 't NOTE5: TLX%BE 64VEN A 54-IP U_ COARSE BROOM FIN15H PERPEWICVLAR TO THE SIDEWALK pq 11171125 ON 2942M L HE16HT I K 4 SLOPE 15 ACCEPTABLE c) CURB BEYOND SNOW 5miltilMLE&VATI :C2 SHIEFT W WWOT MILE 422CU20 GELtERAL NOTE5 2 THE FIRST PULL 5'FLA6 OF SIDEWALK To 1/2" II OftSDar PAZ 022a.121) EITHER 51DE OF THE DRIVEWAY SHALL BE '2 < (1) 1.DETAILS WON Mi OF 5LOFIW AND CORS 1. MINIMUM 10' INTERI.I/AL BETHEEN LEAGHN5 ORE MARK 6- THICK, HIRE FABRIC REINFORCED L I TRUCTIN6 2001 UNCLASSIFUEDEXCAVATIONAWE"BANKMENT SLOPE 1 /4'"M (ITEM 1060b0103) AS SHOWN IN SECTION A-A. S3 RS2WED AND VRr Pli NOT SPi THE W&OKX CONCRIETE SII AND DRIVEWAYS _1Z FT IlObOb.0103-GOWRETE SIDEWALK - CLASS FJ PRVINAY APRONS,P I ERE CONCRETE SIPENALK IS NOT STRUCTURES (OD To 00) _A�OPEI/4- PER FT Wb,0201 ASPHALT C4WRETE 51054ALK5 AND BICYCLE PAT% 2. ALL UTILITIES TO BE UNDEROROUND P OF MW34ky 15 TO BE CONSTRICTED OF XOF ITIEM AODD201 ObOq2WI CONCRETE CURB TYPE A To TO THE LAYOUT AM SLOPE5 SHOWN IN IODO92802 CONCRETE CORB TYPE B 3. ALL EX15TINC, P^VEMENT SHALL BE SAN r-UT, AS 5. THE 'OF t 5TRIP` MINIMUM WIDTH SHALL FOOT IN AREAS"ERE UTILITY POLES FA Tr =MTEP 612,01 5OPIDINIS REaOIREE) TO MEET NEH PAVEMENT. I 4, TOkN OF SOUTHOLD PLANNIN6 BOARD SHALL BE X A5PHA�T LOCATED IN THE 'INCH 5TORA5E 5TRIP" OR IN THERE ARE NOI 2.=OWNEKAY APRi ARE ASPHALTOEM 606.0200. 61211 ITEMS, PAVEMENT A PROP CURB SHALL BE PLACED THII THE SHEET 8A MY30CIT FILE 0M.1211 NOTIFIED 4& HOURS, IN ADVANCE OF ALL SURFACE RESTORATION OF THE 'OFFSET STRIP' DRIVEWAY.ITEM 106M2601). r-ONI SHALL BE AS INDICATED FOR THE SNOH STORASE 205DI UNCI-A55IFtED EXCAVATION AND EMBAI 5. ALL CONCRETE CURBIN6, 51DEJ-4ALKS 4 DRAINA6E ITEM 10606,0103 STRIF- BELOW. S.THIS V-Cft MAY BE REPUCEP TOJ/4PBR Ft.AS 1`004.101150 DAM COUIR5E-TYPE (Oil STR)CTURES SHALL GONFORM TO THE TOHN Or I THIS SLOPE MAY BE REDUCED TO 1/4' PER FT. 4 WHENEVER Tit 15WH 5TOpA5E STRIP, WIDTH eT,n =FOR SMOOTHER TRAMTION TO ADJACENT 403.11 A5PRALT WWRETIE-TYPE I BASE COPSE SOUTHOLD PLANNINlS, BOARD STANDARD DETAILS IRE FABRIC AS NEGI 5ARY FOR SMOOTHER TRANSITION TO 15 LESS THAN 5 MET,THE SIDEWALK 5RALL BE 40319 ASPHALT CoNcom- TYPE$04WM COURSE ADJACENT PROPERTIES. EXTENDED TO THE H16HWAY BOUNDARY. Y 1 403.1`101, ASPHALT 44NOREW- TYPE 6r TOP COURSE AND SPECIFICATIONS. 2zQ' S. THE MINIMUM CLEAR WIDTH OF SIDEWALKS 54ALL ,pVAWYKAIV1!'WrBE APJ1EtTW TO RUSH FII t4!41SHA_.DE56N IS. LOCATION AND ORADE FOP, CURII AND KALK5 TO BE 4 FEET. GONORETE GURE3 AND W&W AtaLE 40�21 AN-H&TOCINCIRM-TRIVIN&AND LEVELINS COURSE MEAPS. BE VERIFIED 141TH TME TOM OF SOUTHOLD PRIOR To DRIVEHAY SECTION 407,0101 TACK COAT CONSTRUCTION. 5EGTION A-A 6 THE MAXIM CRO55-PITCH SHALL 13E 114" PER FOOT. TrPE 'A' c� = NtV��CMn"LLIWOFBIIVIMSCDWRETE 7. RUN or# FROM M14DINe ROOFS To 13F -1 5,THE 01411100Y C4115TRUICTION AAL�GUR9 MI$M4Ami rpLp Hi OF pokw�o ce-ew CONCRETE - SELF PRIV�ENAY PqIDTH ITEM 1060cl.28>01 Q C9I CONTAINED IN PPIEC�AST LIFAC%1­111,55 POOLS kqITHIN AS SHOWN ON 51TE PLAN YAP04ftlaw SAW 6UTTINS F0111LAND 6EMEHT CONCRETE PETA15 APPLY CLEA111149 0001119$PAVEMENT ANV/0R WAILDEIiS EACH LOT. 0 amY*L4.'Iff rAGT mWIN&TIE-1151 OF b"m CUMINKNEALIN&AND FILL11115JOINTS AND CRACKS =)'AND &. USE 15" RCP, CCP1 OR TOWN OF SOUTHOLD rL 44 THE All"COWVlUi AS SHOWNbill THIS SHEET. Holm APPROVED EGViVALENT BETWEEN CONNECTIF 4 D STORM 51 SNALL BE 0IV9N A 51JP RESISTAW 8A Odom LEACHINS POOLS AIS kIELL AS ADJAGENT DRAIRA&E 5' 1.ASPHALT PAVIRI HII HILL ONLY BE PERMITTW 5TRLY-TURES. 4* THICK CONCRETE SEE NOTE 2 IL IWI A cOAPSE�Mllsw f"*011i TO THE Q )L q SPIEWALK%L6PE 15 ACORPTABLO a HEM 10606.0102 SEE NOTE I A < ADJACENT TO MWNSFULI.DEPTH ASPHALT PAVEMENT LLI WHERE THE"TINS FAVER51IT 19 4ONCRETIE,CONCRETE TO HAVE GAMP51EILL- No. 100cl GAST IRON FRAME AND > HDENINSHjST5EU_qV. WHEREMfEXj5Tp6LFAVEiffNTIS COVER TO CRAOE. . ........ EXTENSION 0 Z COMPOSITE,A COM"ITE WIDe"MUST R wNSTPC,,, cl. CvTWLOH POOL15 LOCATED V41THIN PAYED AREA ITEM 1066&0103 GONCRETE SIDEIIIALK PROPERTY LINE/HteHHAY BOUNDARY z 10. CONCRETE SMALL HAVE A COMPRE55VE ­- 7 �y MET 11A ftWff FILE*220.120 2.WERE THE EXISTINIS PAVEHENT COOSSIADPE 15 NFFERjSff 5TPENOTH OF 4000 PSI AT 2b DAYS. < 0- FRO"VW PER Fi�6Y,THE PROPOSED PAVEMENT SLOPE 5HALL ii. coNrRET-E SHALL BE A MONOLITHIC, POUR. z (N cz D_ 1. THE PISTAME I"THE FACIE OF PPZP05FP MATCH THE EKISTI PIROMORD THE SLOPE WILL BE 3/6'PER FT. 12. MAXIMUM SPACIN6 OF EXPAN510N .JOINT5 To BE LL < CURB TO THE HIGHWAY BOUNDARY 16 LM THAN IS Fir, MINIWum AND So-Om rT maw 4 i A SLOPE WITHIN 20 FT. THE RESIONAL PERMIT ENOWER MAY REGUIRE THE THIS RAII eAM44 BE C�iiiJNER RESIRFACINS OF TIE 1545TINS CL PERMITHE TO PENCATE PROPERTY TO NEWYORK STATE ROADWAY TO CORRECT ITS CRO.-6-SLOFE MAY BE REWIRED 13Y 15. CONCRETE TO GU)RF 14 DAYS (MINIMUI-V BEFORE THE FISSIONAL PERMIT ENSINEB;L ROADV4AY PAVIN(5 CAN BEC51N. z THE 1OFFwr STRIP MINIMUM NO"SHAL. BE I FT.IN 14. MAINTAIN 3 3,111'rXFAN51ON JOIN�-- < Aw_A5 0� UTILITY POUED ARE LOCATED IN THESNON UTTER 6RADE RELATIONSHIP To To _---3/4" EXPAN51ON U STORA6E 5TRIP'OR 7HERE ARE NOW. CENTERLINE OF ROAD JOINT AT ENTER -3/4' EXPANSION JOINT -ONI VAILL LU 15. ANY DEFECTS CIR C RAC K5 P41THIN r OF APRON" Q;d 3.OMITTED NOTE NOT BE ACCEPTABLE. f7 4. THE SURFACE OF THE �SNOW STOPME SIRI SRAIL BE NOTE Un 13 1. THE EX15TENCE OF RI6HT OF KAT'S AND/OP EASEMENTS L AS FOLLOI,& al J� 'p� N� A)ITEM 6054W AT 5 IN.THICKNESS OF RECORD IF ANY INOT 5HOP4N NOT (51JARANTEE-0 e)I 6W.010f,4 INCHES THICK AW SCORED So wAES C15M TO CWIER 2. LINDEROROUND I IF ANY NOT 5HdNN NOT 5L 6 Q II OR OTHER MATERIALS-THESE MATERIALS (5UARANTEr OFF U is It to M-1 606D201 (TYP BOTH SIDES) z z A=1 7. SA INDI0A1r--5 PROPOSED DRAINAC-E STRUCTURE rm dwil"va, or�Tw AREA AIV,MOt APPAWAL FOR THEI P LIPE HAS BEEN OBTAINED < ,FAD"THE ASIWy(STATE COUNW,TOM OR%ILLAGM OW WILL MAINTAIN THE SIM STOR046E SMP AREA 00 INDICATE5 EX15TIN6 ORAPE HINIM)MCtEAR Pen OF SVEWAL�SHALL INDICATE PROPOSED SRADr z F"N RET. 0 014095-MCH SHALL ITEM 101 PAOE : I PROP05ED UTILITIf�5 TO BE UNDEROROUND, 31 6A CONCRETE GURBINS 2- CONCRETE SHALL BE FREE' Or ANY CRACKS OR DEFECTS. L DRIVEHAY AIDTH + ITEM 101,04.2601 MIN. 3 0) COORDINATE AIND COMPLETE ALL UTILITY RELOCATIONS 6MINIMUM, INCREASE 0) OBTAIN A TOWIN OPPq ROAD OPENRNI& PERMIT. DRIVENAY 6ON51RU- I IF NI5,ES6APY TO A17AIN NOT TO SCALE 1,12 SLOPE. (rrPj 3 of 3