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"
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PROPOSED 6"
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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
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'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
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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
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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
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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
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$0
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so
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A.
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ALO Cost Estimate
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so
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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'
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Sub Walon: ffigs"Wiffil Me mm
WRIF
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-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
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Tat Pmjod Footage&Cost Esorrulft ovol Ret&Sag—�2
W.;!1; INNOW-am,40 IP 14FIN . .....
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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
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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
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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
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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
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t M.
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of
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'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
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TH 1: IiNOR 5U13DIVISION 15 FOR
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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
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R ecei�t of County Report C. L 4
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,ci � c Draft Covenants and Restrictions received A=F
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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
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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
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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
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4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7000 1670 0008 4421 7908
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PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-15,410
COMPLETE THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION
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4060 Sunrise Highway
Oakdale, NY 11769
3. Service Type
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4. Restricted Delivery?(Extra Fte) 0 Yes
2. Article Number oco qLi-) ' -1915'
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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,
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---------------------------------------------
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
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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
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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""
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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. <G.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
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all
aw
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Lak .' aillitwh Parl,
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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 <G 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,
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S 75- a. It 49 LOT 6 .00 1. M�
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.392 fos
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0
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sq.
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FOR
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PAGE 2
LOT I 7M -------
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�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
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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
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AL AL TEST HOLE DATA
(TEST HOLE DUG 9Y YCOONMI) GEOSCIEN ON APRIL 17, 2002)
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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