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HomeMy WebLinkAbout1000-106.-9-412520 #1~!Ro: JUL 2 01994 aD2. 208,0 FILED JUL ~0 1994 WEST i"4ILL SUBDIVISIOI',,I paO?EI~TY SUf~VEYEO FOR PAUl F~l EDBEF2G TOV,/N AT OF SOUTHOLP~ M.Y. EAST ItTM 5'TP_EST 0 .O 5.-ti 5700 197,68 TIES/T I% t40 5.T1 5-/' O0 . SOUTHOLI) TOWN pLANMIN~ BOARD GCALE- I00 *l d n~' A 1;~CLAP. ATIOI4 OF OOVENANT$ AND EESTIZICTIOI4S _wt-l,tcH AFP't~L-'T LOT5 I~ THIS 5USDIVIDIO~J HAS '~'PICAL LAYOUT SAlaD KEY MAP 600%1'' TEST ~I zo'A NOTES: I. CONTOUr&5 ¢.ELEN/AT~ON5 ~,SUFR C&T~X M~ DATA = t~-106'9' ~/O 3.~OP6~ t5 )~NE E-80-~e. LOW ~ClLITf¢~ B& ALL LgTS ~ ~0~ ~. DEPA~TME~ ~ H~L~W. ~UFFOL~ CO. DEPA~TICiEN-I' OF MI~ALTM !~tlif~;l~ County Samtary Co;e, in that the population · :o~oi(~pm~ot of MADE ~ NO. Z i _ .i PLANNING BOARD MEMBERS Richard G. Ward, Chairman ~ ~ ~ ~ Town Hall, 53095 Main Road George Ritchie Latham, Jr. ~ P. O. Box 1179 Bennett Orlowski, Jr. _ Southold, New York 11971 Mark S. McDonald ~ tur Fax (516) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 12, 1994 Abigail A. Wickham Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck, NY 11952 Re: Major Subdivision "West Mill Subdivision" M. Paul Friedberg SCTM# 1000-I06-9-4.2 Dear Ms. Wickham: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 11, 1994: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final surveys dated April 12, 1993. This subdivision was approved and endorsed on April 18, 1994. However, as the maps were not in proper form to be filed in the Office of the County Cleric, it was necessary that the maps be re-endorsed by the Chairman. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat no so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. • Page 2 West Mill Subdivision July 12, 1994 Please contact this ofFice if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman enc. • ~ P"o"E:as2-2oo0 SUFFOLK COUNTY CLERK'S OFFICE Edwarr3 P. HgmairiP, COUNTY CLERtt .iIVF.lil lEAli, NGN YOfIK 11401 own of Southold Assessor ,/Town of Southold Planning Board Chief Deputy County Treasurer To Whom This May Concern: The Subdivision Map Of: P~I.U/I Fried~e.r~ Was Filed, J~.(Y W1 (~q~{ \ Filed Number, g1S39 A} stract Number, ~2SZ~ Township, Southold Owner: SYLtI~ - Very truly yours, County Clerk Map Department ~~No. 4 9 11.13/: 6~M ,nwMSYr~.n....'.+..~.. i BO`~fES fi Tlli?U 9 MUST BC TYPED O INTED IN IILACK INK ONLY PR TO RECORUINC OR FILING. Y 'SUI+"T'OLK COUNTY CLERK 2 3 i~`p1~C3'7~ - ~4] L/PH - f.l'1 Numhcr of pages ~ ~ . ~ ~ TolutENS - Serial # C.i t.CrIIfICaIC # •i r f Deed /Mortgage Instrument heed /Mortgage Tax Stamp Recording /Filing Stamps a FEES Page l Filing Fee Mortgage AmL _ 1T-.- handling 1. Basic Tax _ TP-584 2. SONYMA _ Notation Sub Total EA-5217 (County) Sub Total ~ ! 1 . ~ 3. Spec./Add. EA-5217 (Stale) TOT. MTC. TAX ILP.T.S.A. llual Torvn _Dual County - held for Apportionment _ Y Corum. of Ed. 5.00 - a '„4 _ ?o~ Transfer Tax Affidavit °IY.~%~<"j~'"~ ' ~3 Mansion Tax _ Certified Copy The properly covered !ry this morigagc 2 is or will be improved by a one or two Reg. Copy Sub Total 3z _ family dwetling only. YES _ or NO _ Otbcr GRAND TOTAL If NO, sec appropriate tax clause m~ page M of this imtrumenl. 5 ` r,, Real Property Tax Service Agency Verification d ' Title Company Information Dist ection Block Lot yY, n 1 °~9 Company Namc Tillc Numhcr FEE PAll) BY: ~ Cash_ Check " Cbargc O]~ (,6'Z F lu,! 1't ~ I e~~lp,nti ~ ~ Y P~ ~ I'aycr same as R & R _ ~ U I LI L~ oR: Se-n e 1v~c Yl/lCtt1-~ 1'U f~2 ~ Il~t S 1 ~0~' 12 ~ ~ GYL RECORD & RETURN TO II $ 9 Suffolk County Recording & Endorsement Page This page forms part of the attached ~)~P,l~.~~ °~'1 made by: vw _ (Deed, Mortgage, etc.) I II . ~'G~'-'~ i 'C 1 t' C.~ ~'I The premises herein is sitaeted io SUFFOLK COUNTY, NEWp~YORK~,.4 TO In the TOWN of _ `~6 ~vr~L9-L CJI ~j u U - In the VILLAGE U or1~1MLETof ~ 21994 DECLARATION DECLARATION, made the 4th day of February , 1994, by M. PAUL FRIEDBERG residing at 116 88th Street, New York, New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide the said real property into nine (9) parcels in a subdivision known as WEST MILL SUBDIVISION, and WHEREAS, for and in consideration of the granting of subdivision 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 parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESBETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises r ~ . ~ vrw~ herein described 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. That there shall be no further subdivision of any lot in perpetuity. 2. That the area on the subdivision map designated "Scenic Buffer" is designated as such to provide a buffer area between the proposed subdivision and the existing road and shall remain in its natural state and maintenance of the natural vegetation thereon shall be the only use or activity allowed. 3. That except as may be permitted in accordance with these covenants and restrictions the use and development of the portion of Lot 7 designated "Agricultural Reserve Easement Area" outside the area enclosed by the Building Envelope shall forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, ~ ~ barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) Open fallow; c) Operations, encompassing the maintenance of livestock and livestock products (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board; d) liandscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 4. That the following shall be adhered to on that portion of lot 7 outside the Building Envelope which is designated the Agricultural Reserve Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation of loss of the aesthetic open space and agricultural value of said premises: a) ]:f at any time the ownership of the area shall change, or the use of the area shall be changed from 1. • the use present at the time of subdivision approval, (farming) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be place thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other right of ways for non-farming vehicular use shall be constructed of granted thereon. f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no ~ , ~~ra trees, plants or other vegetation located thereon, shall be killed destroyed, cut or removed therefrom. g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. i) All structures, whether temporary or permanent, shall be located within the building envelope as designated on the final subdivision plat for Lot #7. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Agricultural Reserve Easement Area. Fences are permitted subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval. 5. That the Declarant reserves the right to the exclusive use and possession of the area known as the Agricultural Reserve Easement Areas, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use or entry upon the said Agricultural Reserve Easement, except that the Town . r via w ~ , shall have the continuing right to inspect the said area outside the area included within the Building Envelope to the extent reasonably required to monitor compliance with the covenants, terms and provisions and ensure same have not been violated, such inspection to be at reasonable times. 6. Access to Lots 1,6,7 and 9 shall be by way of Selah Lane or the designated right-of-way and not directly onto Cox Neck Road. 7. Lots 7' and 9 shall have a common driveway upon the fifty foot right-of-way which is presently a part of Lot 8 and shall have access over said fifty foot right-of-way together with others upon acceptance by the Town of the fifty foot right-of-way for road purposes. Lot 8 shall be subject to an Offer of Dedication affecting the "50 foot wide Right of Way," to be recorded simultaneously herewith. 8. Road Area - There has been set aside, as indicated on the subdivision map, a Road Area abutting Lots 1, 2, 3, 4, 5 and 6 on said Map, for the use of the owners of lots, their guests, invitees or lessees. 9. Homeowners' Association- Declarant has incorporated a Home Owners Association known as the West Mill Road Homeowners' Association, Inc. ("Association") according to the laws of the State of New York, for the purposes of owning, maintaining, and, offering for i dedication to the Town, the Road Area. The Declarant, his successors and/or assigns, will assign all of his rights, duties, and obligations hereunder to said Association and 1, , convey to the Assocation the fee title to the Road Area within sixty (60) days of the filing of the subdivision map. Declarant agrees that the Town of Southold shall not issue a building permit for any lot on the Map until the fee title to the Road Area has been conveyed to the Association. 10. After. conveyance of the Road to the Association, as hereinbefore provided, all responsibility for operation and maintenance of the Road shall lie with the Association, and shall be subject to the by-laws and rules and regulations thereof. 11. The By-laws for the Association and any amendments thereto shall be approved by the Town Board of the Town of Southold. The by-laws of the Homeowners Association shall, in addition to other matters, provide for the following: (a) Each Lot Owner in good standing shall be entitled to one (1) vote at any meeting of the Association. Every Lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is held jointly, in common, or tenancy by the entirety. (b) The Association shall be perpetual; it shall purchase insurance, pay taxes, specify an annual homeowners' assessment to be paid by each Lot Owner. Each and every Lot Owner shall be subject to a proportionate share of the expenses of the Association, as well as any and all expenses incurred by the Association for the improvement, maintenance and use of the Road Area and the operation of the ~ , Association which shall be charged to each lot owner in the form of an annual assessment as determined by the Board of Directors. (c) The Association shall have the right to suspend the voting rights of a Lot owner for his failure to pay when due the assessment and any and all charges due the Association; and that any unpaid amount of the assessment shall become a lien. on the property of such Lot Owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. (d) The Association shall have the right to borrow such sums of money as it deems necessary for the maintenance and improvement of the Road on such terms as it deems advisable. (e) The Association may not use funds from dues or assessments attributable to lots owned in whole or in part by Declarant for purposes of instituting or prosecuting litigation against the Declarant. 12. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. • ~ ~ t- 13. Enforcement shall be by proceedings at law or in equity brought by Declarant, his successors and/or assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. In addition, the Town of Southold may bring a proceeding to enforce these covenants and restrictions. 14. Failure by Declarant his successors and/or assigns, or of any owner or the Town of Southold to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 15. That these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 16. That in addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, their heirs, executors, legal representatives, distributees, successors, and assigns, to enforce the conditions and restrictions of these covenants. 1 •1 ~ r V. STATE OF NEW YORK • ss.: ~ Comrty of Suffolk ~ I, EDWARD P. ROMAINE, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court of Record} DO I-IEREBY CERTIFY that I have compared the annexed copy of . / Dcedlibcr //G•`1~ atPagc 7T Recorded 95~ and that it is a just and true copy of such original Declaration and of Ure whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court tlris da of G 19 9 y Form No. 104 Clerk ti e 17. That the within Declaration cannot be annulled, waived, changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has • executed the foregoing Declaration the day and year first rL above written. U ERG S~ OF NEW YORK) COUNTY OF SUFFOLK: On the day of (~/"~G(~(.Y , 1994, before me personally came M. Paul Friedberg t me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed same. N RY PUBLIC 55friedc&r ELIZABETH A. SALLEY Commissioner of Deeds Cily of Naw York-No. 3.5981 Cerlificale Fled Jn Bron~j Commissipn Er pares.//...-~.~'j/~....... ~ `1i h ~ Yr~~s ~ . , . ' ' * * SCHEDULE A . All that curtain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the '[lnm of Southold, County of Suffollc and State of New ~ York, bounded arx3 described as follows: BEGINNING at a int on the wrsterl line of Cox Neck Road (Pull Road) C"' !'O Y where the northerly line of larxl nv,.~ or formerly of A. M. Bergen intersects ~ the westerly line of Cnx Neck Read (Poll Read); c17 ~ RUNNING THQdCE from said point of beginning along land now or formerly of ~ A.M. Bergen North 72 degrees 44 minutes West 656.98 feet to a point; RUNNING 'I7~NC~ along land row or formerly of Greek Church North 16 degrees 39 minutes East 370.15 feet to a taint; RUNNII~ 'TtIENCE along land now or formerly of D. W. Cooper the following i five (5) nurses and distances: 1. South 71 degrees 57 minutes East 197.58 feet; . 2. North 20 degrees 36 minutes East 622.13 feet; 3. North 22 degrees 31 minutes East 718.66 feet; 4. North 26 degrees 24 minutes East 328.74 feet; 5. North 26 degrees 55 minutes East 39.16 Eeet tp a point; RUNNING 'PFiISICE along land rrsa or formerly of Hallock South 63 degrees 15 minutes 00 secronds East 410.46 feet to a point on the westerly lire of Cox Neck Road (Mill Road); R[R~A]ING TIICNCE along the westerly line of Cox Neck Road U•lill Road) the following tbo (2) courses and distances: 1. South 26 degrees 45 minutes Nest 404.66 feet; 2. South 19 degrees OO minutes West 1601.40 feet to the point or place of BEGINNING. r . r. ~ r ~ _ J PLANNING BOARD MEMBERS O~pS~FFO(,~co BENNETT ORLOWSHI, JR. G,y P.O. Box 1179 Chairman o= ~ Town Hall, 63096 State Route 26 y = Southold, New York 11971-0969 RICHARD CAGGLANO v~ Telephone (631) 765-1938 WILLIAM J. CREMERS ~ ~ KENNETH L. EDWARDS 'y?J~l ~ ~~0~' Fax (631) 765-3136 MARTIN SIDOF PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 4, 2002 Mr. James Stavrinos 1845 Central Drive Mattituck, NY 11952 Re: Proposed Modification of Covenants & Restrictions Located on the west side of West Mill Rd., 1,102' south of Naugles Dr. in Mattituck SCTM#1000-106-9-4.9 Zone: A-C Dear Mr. Stavrinos: The Southold Town Planning Board, at a meeting held on Monday, November 4, 2002, held a public hearing on this matter. The public hearing was closed and the following resolutions were adopted: WHEREAS; the applicant has requested that Clause 4, Item (i) of the Covenants and Restrictions, dated February 4th, 1994 and recorded with the Suffolk County Clerk on April 6, 1994; Liber 11671 and Page 374, be amended to allow for the construction of a 70' L x 36' W barn outside of the building envelope located on Lot 7 (Agricultural Reserve Easement Area) as shown on the schematic received on October 2, 2002; and WHEREAS, the Southold Town Planning Board has determined that this action is classified as Type II and not subject to review under the State Environmental Quality Review Act (Article 8), Part 617; therefore BE IT RESOLVED that the Southold Town Planning Board grant conditional final approval on the amendment of the Covenants and Restrictions to allow the construction of a 70' L x 36' W barn outside of the building envelope on Lot 7. Notwithstanding the construction of the subject barn, all Covenants and Restrictions remain in full effect; and be it FURTHER RESOLVED that the Planning Board is requiring the submittal of the revised Covenants and Restrictions to the Planning Board Office and upon approval, the filing of the amended Declaration of Covenants and Restrictions with the Suffolk County Clerk's Stavrinos -Page Two -11 /6/02 Office; and upon filing, recording the Liber and Page number upon the approved subdivision map. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Or ci, Jr. -y~,~~ Chairman ~a PLANNING BOARD MEMBERS ~ , Richard G. Ward, Chairman a ~ Town Hall, 53095 Main Road George Ritchie Latham, Jr. ? Y Southold, New York 911971 Bennett Orlowski, Jr. Mark S. McDonald - ~ ~ Fax (516) 765-3136 Kenneth L. Edwards Telephone (516) 765-1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 19, 1994 Abigail A. Wickham Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Major Subdivision West Mill Subdivision - M. Paul Friedberg SCTM# 1000-106-9-4.2 Dear Ms. Wickham: The following took place at a meeting of the Southold Town Planning Board on Monday, April 18, 1994: The following resolution was adopted: WHEREAS, the Southold Town Planning Board granted conditional II final approval to the major cluster subdivision known as West Mill Subdivision on May 3, 1993; and WHEREAS, all conditions of final approval have been fulfilled, be it therefore RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final survey dated April 12, 1993, together with the final road profile and drainage plan dated January 11, 1993. i • a Page 2 West Mill Subdivision - M. Paul Friedberg April 19, 1994 Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. The Engineering Inspector must be notified at least two (2) days prior to the commencement or completion of any work on each stage or operation of the construction of improvements. The Planning Board must be notified when the fire well has been installed. No building permits will be issued until the fire well has been accepted by the Mattituck Fire Department. Please contact this office if you have any questions regarding the above. Sincerely, r lr(/!'~VC/~ ~ ~/V Richard G. Ward CMS Chairman cc: Thomas Fisher, Senior Building Inspector Scott A. Russell, Chairman Board of Assessors James A. Richter, Engineering Inspector _ _ S~ GOGGINS & PALUMB~ ~ ~ ATTORNEYS AND COUNSELORS AT LAW 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631)298-4214 WILLIAM C. GOGGINS ANTI IONY H. PALUMBO DONNA M. PALMER March 29, 2006 ra.a~gal Southold Town Planning Board .CZ. }3ox 11?9 Southold, New Y"ork 1197 i Re: James D. Stavrinos rear Sir or Madam: lr_ connection with the above referenced matter, enclosed please find a copy c= thy: Amended Covenants and KP,StClCT10nS which was filed with the Suffolk C'c;.;n ,Clerk :m 1~larcl} 2006. 1 f you (.a~-e an~~ t~uestions, please do not hesitate to contact the undersigned. t'elry n~uly yours, 'iliiam C. Go gins PV L.U~dI sXi ~ 1 FMj'T" J. enclosures l} ~ MAR 3 0 2006 ~---J I. Ss,:;b~',o lo~~nrr i Platsri Board efa{. aY{ 'y. r Number of a es ~ REi_OkC~E6... Pig 200; Ptar IU:1'2:u7 RM TORRENS ; Judith R. Pasr_yl~ _ CLEF'K OF Serial8 t SUFFOLk: i,OUfiT'd L C?00012441 Certificate 11 I F Prior Ctf. it Deed /Mortgage htshwiteut Deed /Mortgage Tax Stamp Recording / Piling Stamps q FEES Page / filing hec ~ Mortgage Awt. handling 1. Basic Tax "IT-584 2. Additional T'ax Notation I ~ Sub Total EA-52 17 (County) Sub Total Spec./Assn. 0r EA-5217 (State) 7~ Spec. /Add. R.P.7'.S.A. Uv' ~ ~yCsS~~~JA- "I'OT. M7'G.'I'AX .}'S 'G'y17' Dual'fown Dual County Conmt. of Ed. 5 00 S 1 ~ Cleld for Apportionment Affidavit +,•y zd~~ "fransferTax ~I"y~,"~t ho ixotre Cerlifted Copy ~ S(l9~ Mansion Tax 'Clw property covered by ibis mortgage is ur Reg. Copy will be improved by a one or two family ~ SutzTolal dwelling only. Other ~ YL"S or NO GRAND TOTAL ~ If NO, see appropriate tax clause on page It oC Ibis insUumeut. S Real Properly Tax Service Agency Veri£cation 6 Connrumily Preservation Puud Dist. Section Block Lot Consideration Amount $ 1000 10600 0900 009009 ~ CP(: "1'ax Due Stamp I T Dale R DTY A Improved 22-MAR-0 Initials Vacant Land _ 7 Satisfactions/Discharges/Releases Lrst Propetry vwucrs r~,u~,,,~~,-,,,,mess •I•D RCCORD & RETURN'I'O: ~rD WILLIAM C. GOGGINS, P. C. TD P.O. BOX 65 13105 MAIN ROAD MATTITUCK, NEW YORK 11952 s Title Company Information Co, Name Title # 9 Suffolk Count Recordin & Endorsement Pa e 11us page forms part of llle attached Amended Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT ) JAMES D. STAVRINOS "rhe premises herein is situated in SUFFOLK COUNrY, NEW YORK. TO In the Township of Southold In the VILLAGE orI-IAMLE'I'of Mattituck BOXES 5 TI1RU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR P1LiNG. AMENDMENT TO DECLARATION OF COVENANTS AN/yD RESTRICTIONS THIS DECLARATION made on this day of March, 2006, by James D. Stavrinos hereinafter referred to as the SUCCESSOR DECLARANT, as the owner of premises located at the west side of West Mill Road, 1,102 feet south of Naugles Drive, Mattituck, New York and further described as SCTM No. 1000-106.00-09.00-004.009 desires to amend the covenants and restrictions against said premises: WHEREAS, SUCCESSOR DECLARANT is the owner of the said property, which was purchased from M. Paul Friedberg by deed dated August 17, 1999 and filed in the Office of the Clerk of the County of Suffolk in liber 11985 of deeds at page 537; and WHEREAS the SUCCESSOR DECLARANT has made application before the Planning Board of the Town of Southold for approval to amend the covenants and restrictions affecting the foresaid property; WHEREAS, on November 4, 2002 the Planning Board of the Town of Southold granted conditional final approval on the amendment of the covenants and restrictions upon said land; and NOW, THEREFORE, the SUCCESSOR DECLARANT, hereby sets forth the following amendments to the covenants and restrictions affecting the property: 1. The covenant and restrictions shall be amended only to the extent to allow construction of a 70 foot by 36 foot barn outside of the building envelope on lot 7 of the subdivision entitled, Map of West Mill Subdivision, which said map was filed in the Office of the Clerk of Suffolk County on July 20, 1994 as map no.9539, and further described as Suffolk County Tax Map No. 1000-106.00-09.00-004.009. 2. Notwithstanding the construction of the aforesaid barn, all of the existing covenants and restrictions of record shall remain in full force and effect. 3. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are r ~ • • deemed to be incorporated herein and made a part hereof, as though fully set forth. 4. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The faihue of said Town to enforce the same shall not be deemed to affect the validity of this covenant. 5. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and maybe terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Boazd, or its successor body, following a public hearing. 6. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. L.S. D. STAVRINOS STATE OF NEW YORK) )SS: COUNTY O~F7tSUFFOLK) On the ,J day of March, in the yeaz 2006 before me, the undersigned, personally appeared JAMES D. STAVRINOS personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose names(s) is (are) subscribed to the within instnunent and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. If ` NOTARY PUB C :~a:~,:Js w ~ ; ~ ~las~'~brk COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: ' COUNTY OF SUFFOLK I, JCJDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof,\do hereby certify that I have compared the annexed with the original4~:~-: C.:'~• • • • • • • . • • •RECORDBD s in my office ...3.J..1. °•G and, that the same is a true / z ~ y / . 7 l copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set m hand and affixed the seal of said County and Court this ......3.~.?: n D ~ . . SCHEDULE A All that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, known and designated as lot 7 as shown on a certain map entitled, "Map of West Mill Subdivision", which said map was filed in the Office of the Clerk of the County of Suffolk on July 20, 1994 as Map No. 9539, and further described as follows: BEGINNING at a point on the westerly side of Cox Neck Lane a distance of 1,606.81 feet south west from the southwesterly comer of the intersection formed by Cox Neck Lane and Naugles Drive; RUNNING THENCE South 26 Degrees 45 Minutes 00 Seconds West along Cox Neck Lane a distance of 134.66 feet; THENCE South 19 Degrees 00 Minutes 00 Seconds West along Cox Neck Lane a distance of 1,240.21 feet; THENCE North 71 Degrees 57 Minutes 00 Seconds West a distance of 461.47 feet; THENCE North 20 Degrees 36 Minutes 00 Seconds West a distance of 622.13 feet; THENCE North 22 Degrees 31 Minutes 00 Seconds East a distance of 718.86 feet; THENCE North 26 Degrees 24 Minutes 00 Seconds East a distance of 122.90; THENCE South 63 Degrees 15 Minutes 00 Seconds East a distance of 384.31 feet; THENCE along the azc of a curve beazing to the right having a radius of 25 feet a distance of 35.27 feet to the point or place of beginning. Suffollc County Tax Map Number 1000-106.00-09.00-004.009 ~ ~ e DECLARATION DECLARATION, made the 4th day of February , 1994, by M. PAUL FRIEDBERG residing at 116 88th Street, New York, New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide the said real property into nine (9) parcels in a subdivision known as WEST MILL SUBDIVISION, and WHEREAS, for and in consideration of the granting of subdivision 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 parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises , ~ _ _ _ _ _ herein described 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. .That there shall be no further subdivision of any lot in perpetuity. 2. That the area on the subdivision map designated "Scenic Buffer" is designated as such to provide a buffer area between the proposed subdivision and the existing road and shall remain in its natural state and maintenance of the natural vegetation thereon shall be the only use or activity allowed. 3. That except as may be permitted in accordance with these covenants and restrictions the use and development of the portion of Lot 7 designated "Agricultural Reserve Easement Area" outside the area enclosed by the Building Envelope shall forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other nornal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, i ~ . ~ rj ~ barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) Open fallow; c) operations, encompassing the maintenance of livestock and livestock products (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board; d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 4. That the following shall be adhered to on that portion of lot 7 outside the Building Envelope which is designated the Agricultural Reserve Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation of loss of the aesthetic open space and agricultural value of said premises: a) If at any time the ownership of the area shall change, or the use of the area shall be changed from . '1 + 4? the use present at the time of subdivision approval, (farming) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan-shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be place thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other right of ways for non-farming vehicular use shall be constructed of granted thereon. f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no . r trees, plants or other vegetation located thereon, shall be killed destroyed, cut or removed therefrom. ' g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. i) All structures, whether temporary or permanent, shall be located within the building envelope as designated on the final subdivision plat for Lot #7. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Agricultural Reserve Easement Area. Fences are permitted subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval. 5. That the Declarant reserves the right to the exclusive use and possession of the area known as the Agricultural Reserve Easement Areas, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use or entry upon the said Agricultural Reserve Easement, except that the Town • -'t 1. shall have the continuing right to inspect the said area outside the area included within the Building Envelope to the extent reasonably required to monitor compliance with the covenants, terms and provisions and ensure same have not been violated, such inspection to be at reasonable times. 6. Access to Lots 1,6,7 and 9 shall be by way of Selah Lane or the designated right-of-way and not directly onto Cox Neck Road. 7. Lots 7 and 9 shall have a common driveway upon the fifty foot right-of-way which is presently a part of Lot 8 and shall have access over said fifty foot right-of-way together with others upon acceptance by the Town of the fifty foot right-of-way for road purposes. Lot 8 shall be subject to an Offer of Dedication affecting the "50 foot wide Right of Way," to be recorded simultaneously herewith. 8. Road Area - There has been set aside, as indicated on the subdivision map, a Road Area abutting Lots 1, 2, 3, 4, 5 and 6 on said Map, for the use of the owners of lots, their guests, invitees or lessees. 9. Homeowners' Association- Declarant has incorporated a Home Owners Association known as the West Mill Road Homeowners' Association, Inc. ("Association") according to the laws of the State of New York, for the purposes of owning, maintaining, and, offering for dedication to the Town, the Road Area. The Declarant, his successors and/or assigns, will assign all of his rights, duties, and obligations hereunder to said Association and r . ~ ~ I. r o ,r . convey to the Assocation the fee title to the Road Area within sixty (60) days of the filing of the subdivision map. Declarant agrees that the Town of Southold shall not issue a building permit for any lot on the Map until the fee title to the Road Area has been conveyed to the Association. 10. After conveyance of the Road to the Association, as hereinbefore provided, all responsibility for operation and maintenance of the Road shall lie with the Association, and shall be subject to the by-laws and rules and regulations thereof. 11. The By-laws for the Association and any amendments thereto shall be approved by the Town Board of the Town of Southold. The by-laws of the Homeowners Association shall, in addition to other matters, provide for the following: (a) Each Lot Owner in good standing shall be entitled to one (1) vote at any meeting of the Association. Every Lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is held jointly, in common, or tenancy by the entirety. (b) The Association shall be perpetual; it shall purchase insurance, pay taxes, specify an annual homeowners' assessment to be paid by each Lot Owner. Each and every Lot Owner shall be subject to a proportionate share of the expenses of the Association, as well as any and all expenses incurred by the Association for the improvement, maintenance and use of the Road Area and the operation of the . i. , Association which shall be charged to each lot owner in the form of an annual assessment as determined by the Board of Directors. (c) The Association shall have the right to suspend the voting rights of a Lot Owner for his failure to pay when due the assessment and any and all charges due the Association; and that any unpaid amount of the assessment shall become a lien. on the property of such Lot Owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. (d) The Association shall have the right to borrow such sums of money as it deems necessary for the maintenance and improvement of the Road on such terms as it deems advisable. (e) The Association may not use funds from dues or assessments attributable to lots owned in whole or in part by Declarant for purposes of instituting or prosecuting litigation against the Declarant. 12. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. i ~ 13. Enforcement shall be by proceedings at law or in equity brought by Declarant, his successors and/or assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. In addition, the Town of Southold may bring a proceeding to enforce these covenants and restrictions. 14. Failure by Declarant his successors and/or assigns, or of any owner or the Town of Southold to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 15. That these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 16. That in addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, their heirs, executors, legal representatives, distributees, successors, and assigns, to enforce the conditions and restrictions of these covenants. t ~ _ 1. ~ _ _ _ , 17. That the within Declaration cannot be annulled, waived, changed or modified, unless and until approved by a % resolution of a majority of the Planning Board of the Town % of Southold. /f I IN WITNESS WHEREOF, the Declarant above named .has executed the foregoing Declaration the day and year first above written. UL R-T-E ERG S~ OF NEW YORK) COUNTY OF SUFFOLK: On the `f?1f day of ~/"l,L.l,~I' , 1994, before me personally came M. Paul Friedberg t me known to be the individual described in and who executed the foregoing Ik instrument, and acknowledged that he executed same. N RY PUBLIC 55friedc&r ELIZABETH A. SALIEY Commissioner of Deeds City of New York-No. 3-5981 Cerlificele FAed 'n Bron Commission Expires./,:.~.~.'~.~'~........ 1 .i ~ f _M'f_ nx~ Yr~~~ ~ y ;1 ~ I ' ' SCHEDULE A . All Ihat corlain plot, piece or parcel of land, wish the buildings and improvements thereon erected, sduate, I lying and boing in Um IYx~m of SoulJ~old, County of Suf folic and State of New ~ York, bounded and descritx>d as follows: [3EGINNING at a point on the westerly line of Cox Neck Road (Dull Road) C" where the rortherly line of land rrhv or formerly of A. M. Bergen intersects Q~ the westerly ].ire of Cox Neck Rrk~d (Mill Road) ; ~ RUDIIJING '1'IIEt~KE: from said point of beginning along land now or formerly of '~'i A.M. Bergen North 72 degrees 44 minutes West 656.98 feet to a point; T'1 RUNNING '11Ii'NC~ along land rnw or formerly of Greek Church Pbrth 18 degrees 39 minutes East 370.15 feet to a point; RUNNING '1TIEDICE along land nva or formPSly of D. W. Cooper the follaring five (5) courses and distances: 1. South 71 degrees 57 minutes East 197.58 Leet; 2. North 20 degrees 36 minutes East 622.13 feet; 3. North 22 degrees 31 minutes East 718.86 feet; 4. North 26 degrees 24 minutes East 328.74 feet; 5. North 26 decrees 55 minutes East 39.16 feet to a point; RLIDIIdII4G 'I4IFSICE along land now or formerly of Hallock South 63 degrees 15 minutes 00 sea~nds East 410.46 feet to a point on the westerly line of Cox Neck Road ([~1i11 Road) ; RUNNING TIiENCE along the westexly line of Cox Neck Road (Dull Road) the following tzo (2) courses an] distances: 1. South 26 degrees 45 minutes Plest 404.66 feet; 2. South 19 degrees 00 minutes t~iest 1601.40 feet to the point or place of IIEGINNIt+~. . , r ~ OFFER OF DEDICATION THIS OFFER OF DEDICATION, dated February 4th, 1994, made by M. Paul Friedberg, having his principal place of business located at 41 E. 11th Street, New York, New York 10003, owner of the property shown on the Subdivision Map of West Mill Subdivision, Mattituck, New York, prepared on April 12, 1993 by Roderick Van Tuyl P.C., which map is to be filed in the Suffolk County Clerk's Office, covering premises situate Mattituck, Town of Southold, Suffolk County, New York. M. Paul Friedberg irrevocably offers to convey and cede fee title to the Town of Southold of the land areas designated on said subdivision map as "50' Wide Right of Way" adjoining Lots 7, 8 and 9 on said lot, and more fully described on Schedule A annexed hereto, for the purpose of future road dedication to the Town of Southold,. to the extent that the same is shown on said subdivision map, and for the foregoing purposes. This Offer of Dedication is intended for present or future acceptance and is irrevocable. The undersigned represents that he is the sale owner of the property shown on said subdivision map, and covenants and agrees to reserve to himself the right to convey to the Town of Southold for such purposes all of such land areas or easement or interest 1 • ~ r p therein in all conveyances of lots or parcels on said subdivision map. ~ M. P uT' Fri 8be_rg _ ~A'1C~'E OF NEW YORK) , )SS.. COUNTY OF NEW YORK) On this ~ day of ~~~~y , 1994 before me personally ca a M. Paul Friedberg to me known to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. i No ry Public ELIZABETH A. SALLEY Commissionar of Deeds Cily of Naw York-No. 3-5981 Cerlificale Filad in Bronx,[ Commission Explres...l./:..~~.7._........ ina\76\friededi 2 ~ ~ f, r . , _ ~l 116'71tC3'75 Schedule A to Offer of Dedication All that certain parcel of land at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: i~ BEGINNING at a monument on the west side of Mill Road, distant 1,272.15 feet southerly from Naugles Drive, at the southeasterly corner of Lot 9 as shown on Map of West Mill Subdivision ("the Map") and from said point of beginning: Running along the westerly side of Mill Road South 26 degrees 45' 00" West 100.00 feet to a monument at the northeasterly corner of Lot 7 on the Map; Running thence along the northerly side of Lot 7 the following two (2) courses and distances: (1) Along the arc of a curve bearing to the left, having a radius of 25.0 feet, a distance of 39.27 feet; thence (2) North 63 degrees 15' West 384.31 feet to land now or formerly of Cooper; Running thence along said land North 26 degrees 24' 00" East 50 feet; Running thence through Lo l- 8 and along the southerly side of Lot 9 on the Map, South 63 degrees 15' East 384.62- feet; Running thence along the arc of a curve bearing to the left, having a radius of 25.0 feet, a distance of 39.27 feet to a monument and the point or place of beginning. Being and intended to be the premises shown on the Map as "50' Wide Rt. of Way". 76-westmsch ~ OFFER OF DEDICATION THIS OFFER OF DEDICATION, dated February 4th, 1994, made by M. Paul Friedberg, having his principal place of business located at 41 E. 11th Street, New York, New York 10003, owner of the property shown on the Subdivision Map of West Mill Subdivision, Mattituck, New York, prepared on April 12, 1993 by Roderick Van Tuyl P.C., which map is to be filed in the Suffolk County Clerk's Office, covering premises situate Mattituck, Town of Southold, Suffolk County, New York. M. Paul Friedberg irrevocably offers to convey and cede fee title to the Town of Southold of the land areas designated on said subdivision map as "50' Wide Riqht of Way" adjoining Lots 7, 8 and 9 on said lot, and more fully described on Schedule A annexed hereto, for the purpose of future road dedication to the Town of Southold, to the extent that the same is shown on said subdivision map, and for the foregoing purposes. This Offer of Dedication is intended for present or future acceptance and is irrevocable. The undersigned represents that he is the sole owner of the property shown on said subdivision map, and covenants and agrees to reserve to himself the right to convey to the Town of Southold for such purposes all of such land areas or easement or interest 1 ..y 1. ~ ~ therein in all conveyances of lots or parcels on said subdivision map. M. P ul~ Fri dbe_rg_ ~~'3{'j'E OF NEW YORK) )SS.. COUNTY OF NEW YORK) On this ~ day of ~~py~{~.Y'7 1994 before me personally ca a M. Paul Friedberg to me known to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. i No ry Public ELIZABETH A. SALLEY Commissioner of Deeds Cily of New York-No. 3-5981 Cerlificale Filad in Brongx Commission Expires.-~1:..~.:.,/..~......... ina~76~friededi 2 1. ~ ~ 116'71fC3'75 ~ Schedule A to Offer of'Dedication All that certain parcel of land at Mattituck, Towtt of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a monument on the west side of Mi11 Road, distant 1,272.15 feet southerly from Naugles Drive, at the southeasterly corner of Lot 9 as shown on Map of West Mill Subdivision ("the Map") and from said point of beginning: Running along the westerly side of Mill Road South 26 degrees 45' 00" West 100.00 feet to a monument at the northeasterly corner of Lot 7 on the Map; Running thence along the northerly side of Lot 7 the following two (2) courses and distances: (1) Along the arc of a curve bearing to the left, having a radius of 25.0 feet, a distance of 39.27 feet; thence (2) North 63 degrees 15' west 384.31 feet to land now or formerly of Cooper; Running thence along said land North 26 degrees 24' 00" East 50 feet; Running thence through Lo l- 8 and along the southerly side of Lot 9 on the Map, South 63 degrees 15' East 384.62 feet; Running thence along the arc of a curve bearing to the left, having a radius of 25.0 feet, a distance of 39.27 feet to a monument and the point or place of beginning. Being and intended to be the premises shown on the Map as "50' Wide Rt. of Way". 76-westmsch ~ r _ _ 'w . . OFFER OF DEDICATION TiiIS OFFER OF DEDICATION, dated February 4th, 1994, made by M. Paul Friedberg, having his principal place of business located at 41 E. 11th Street, New York, New York 10003, owner of the property shown on the Subdivision Map of West Mill Subdivision, Mattituck, New York, prepared on April 12, 1993 by Roderick Van Tuyl P.C., which map is to be filed in the Suffolk County Clerk's Office, covering premises situate Mattituck, Town of Southold, Suffolk County, New York. M. Paul Friedberg irrevocably offers to convey and cede fee title to the Town of Southold of the land areas designated on said subdivision map as "50' Wide Right of Way" adjoining Lots 7, 8 and 9 on said lot, and more fully described on Schedule A annexed hereto, for the purpose of future road dedication to the Town of Southold, to the extent that the same is shown on said subdivision map, and for the foregoing purposes. This Offer of Dedication is intended for present or future acceptance and is irrevocable. The undersigned represents that he is the sole owner of the property shown on said subdivision map, and covenants and agrees to reserve to himself the right to convey to the Town of Southold for such purposes all of such land areas or easement or interest 1 i ~ , ~ therein in all conveyanoes of lots or parcels on said subdivision map. M. ul'Fri dberg ~~~E OF NEW YORK) )SS.. .COUNTY OF NEW YORK) On this ~ day of ~~~~(/..l'y , 1994 before me personally ca a M. Paul Friedberg to me known to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. i No ry Public ELIZABETH A. SALLEY Commissioner of Deeds Cily of New York - No. 3.5981 Cerlificale Filed in Bronx Commission Erpiaes...(/-.(~~........ ine\76\friededi 2 . ~ ~ l.~ r ' 116'71fC~ 15 ~ Schedule A to Offer of Dedication All that certain parcel of land at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: ~ BEGINNING at a monument on the west side of Mill Road, distant 1,272.15 feet southerly from Naugles Drive, at the southeasterly corner of Lot 9 as shown on Map of West Mill Subdivision ("the Map") and from said point of beginning: Running along the westerly side of Mill Road South 26 degrees 45' 00" West 100.00 feet to a monument at the northeasterly corner of Lot 7 on the Map; Running''thence along the northerly side of Lot 7 the following two (2) courses and distances: (1) Along the arc of a curve bearing to the left, having a radius of 25.0 feet, a distance of 39.27 feet; thence (2) North 63 degrees 15' West 384.31 feet to land now or formerly of Cooper; Running thence along said land North 26 degrees 24' 00" East 50 feet; Running thence through Lot- 8 and along the southerly side of Lot 9 on the Map, South 63 degrees 15' East 384.62 feet; Running thence along the arc of a curve bearing to the left, having a radius of 25.0 feet, a distance of 39.27 feet to a monument and the point or place of beginning. Being and intended to be the premises shown on the Map as "50' Wide Rt. of Way". 76-westmsch ~ r MAJOR SUBDIVISION ~ 9~~40 sec 5 300. Complete application received aagv~~~~«/r>r r Yield map received a""~ ? MPNSIbeVNNS - MO'L application reviewed atwork session ixro. OK 'OD ~ OK ~ i"ro. Applicant advised of necessary revisions - ua•t , Revised submission received ~"ro' ~0° ~ OK inro. Sketch plan approval -with conditions IL-J p ° Y.eadAgencyCoordination /s ° SE4RA determination ~ ~ ~ k~ e ~ A ~ 1 ti Q zo ~ Preliminary maps received ~t a9fcAmc,.°~, 6~u~°j " Preliminary maps reviewed atwork session ~""D' OK Sl i~yV C'..' uo ~ OK C"" ~ ixro. o -revisions [ .a aY Road profiles/drainage submitted i q' ~ OK 91 ®OK -revisions '"fD' ~i n J Road profiles/drainage reviewed be Engineer i"ro~ OK 4 s f z `jer~-tL ~p 6~iP~51 ix~io~ OK ~ w/ mznNex O Z ~ ~n~'-Ire ~"0. ~s~41 7"s'yr t/~ ~~`5 ~ Sent to County Planning Commission 6 lg 9i ixro.` OK ~ X I ~ ~ Receipt of County Planning Report i { '"ro.` ~K , ~~~111 Review of SCPC report f O ~ I SnS w~zd9~ ferc a~.a191 f w Preliminary hearing 1.1 ~Qlg~ - c~~~~ ° Preliminary approval'1ep~e~+°4 ~ ~ 9 ~ z I -with conditions O ~ a„ Sent to Fire Commissioner 6 t ~ ? ~ Receipt of firewelL location ~ ~ l ~ ~ o Notification to applicantto include on final map o i zt/yz S~\>;e~ ~ ~ Draft Covenants and Restrictions received a 3 i"ro• ~K ~I r°`'~;r~ O ii RPM .n Q`~ ~ i Draft Covenants and Restrictions reviewed `t(~3143 ~f?s or'~~ ~x~ro.` OK ~ ' u l Filed Covenants and Restrictions received yf""f 9°~ ~~~'~„k~~ i~~~ ~ ; ~ tx- ~ v bond estimate submitted ~ z5 ~'3 Band adopted by PB ~z v3 0 .y vc~~r~.~~o Bond adopted by TB q ~ 't6,o~. Payment of bond 2 9`~~a .~~=~96,~~~ Payment of inspection fee ~ r ~ Cti. o f_ .~.~.ws.s.a.-m.a.s~ TOWN CLERK TOWN OF SOU1'IiO1.D ~~~T Suffolk County, New York 516 • 765.1801 i~~ 3 8 6.9 3_ _ ~ ~Se~thold, N. Y, 11971= -~E~-. 19~ ~ LG f ' ~-'V ~~-G-c ~ ~ Cc C ---"ITo7lars~l ~ . ~,z,t~~~cz_cFti.~_,.~~-, e~ yv„~~,,..--r-~~ J ith T. 'Gerry, Town Clerk Caeh ? Ckeck [jJ/ ~ ~ (p ~ By - ti_ JUDITH T. TERRY, TOWN CLERK RECEIPT 0 4 9 5 6 0 Town of Southold p G/'~, ~Phonle: 516- 65 180171 DATE ~ 19_~ RECEIVED OF: s ZG FOR: ` A~ D CASH BY: C~.~~i_ ~ ~CK 049559 JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Soutliold Southold, New York 11971 1 P one:516-765-18.01' a J Q~ DATE ~ 19~ RECEIVED OF: ~L $ l a FOR: S~ ~ ~vvfil 0- -~aL CASH BY: ~ _ _ f___ ~CK . . i i TOWN CLERK TOWN OF SOUTHOLO Suffolk County, New York s16 • ]1~q ~ 36905 A 765-1801 ;/D 196 ~n4old N. Y. 1197 ~ R$~IYED OE " For ~.EO~ ~ ~ iY"7~ ~ ~ ~Terj Gl reo~, r, _ , . ~ Jot 'filth T' ry% i n . ~ /l . _ _ _ _ ~ r i t 1--PROJECT INFORMATION ~p Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significaryt effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide anv 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 involve new studies, research or investigation. If information requiring such additional work is unavailable. so indicate and specify each instance. NAME OF ACTION WEST MILL ROAD SUBDIVISION LOCATION OF ACTION (Irtclutle Street Atltlress, Municipality and County) West Mill Road, P1attituck, N.Y., County of Suffolk NAME OF APPLICANTlSPONSOR BUSINESS TELEPHONE M. Paul Friedberq_ (212) 580-7761 ADDRESS 41 East 11th Street CITYIPO STATE ZIP CODE New York tl.Y. 10003 NAME OF OWNER (If Different) BUSINESS 7'cLEPHONE I _ ) ADDRESS CITYIPO STATE ZIP CODE DESCRIP710N OF ACTION Cluster Major Subdivision L Please Complete Each Question-Indicate N.A, if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ?Urban ?Industrial ?Commercia! ?Residentia) (suburban)I~1Rural (non-farm; ?Forest ?Agriculture ?Other 2. Total acreage of project area: 22.106 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) _ 27 1 fl6 acres 12.15 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces Lots & Roads acres 9.96 acres Other (Indicate type)- acres aces 3. What is predominant soil type(s) on project site? _ a. Soil drainage: ®Well drained 100 % of site ?Moderately well drained of site ?Poorly drained % of site b. If any agricultural land is involved, how many aces of soi( are classified within soil group 1 through ~1 or the ^l Y: Land Classification System? acres. (See 1 NYCRR 370). 4. Are there hedrock outcroppings on project site? ?Yes 6tlNo a. What is depth ro bedrock? (in feet) Unknown 2 a site with slo es: ?0-10% ?10~15% °h Approximate percentage of proposed p+ p • ?15% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ?Yes jc7N0 Is project substantially contiguous [o a site listed on [he Register of National Natural Landmarks? ?Yes ?No 8. What is the depth of the water table? 5~' 6" (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ?Yes ?No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ?Yes~1N0 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ?Yes I~NO According to Identify each species _ 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ?Yes f~No Describe • 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ?Yes ®No If' yes, explain 14. Does the present site include scenic views known to be important to the community? ?Yes ®No 15. Streams within or contiguous to project area: NOne 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 None b. Size (In acres) 17. Is the site served by existing public utilities? fc7Yes ?No EI eCtY'1C a) If Yes, does sufficient capacity exist to allow connection? p1Yes ?No b) If Yes, will improvements be necessary to allow connection? ®Yes ?No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ?Yes ?No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ?Yes ®No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ?Yes ®No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 24.226 acres. b. Project acreage to be developed: 9.96 acres initially; acres ultimately. - c. Project acreage to remain undeveloped 12.15 acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A f. Number of off-street parking spaces existing proposed 1(1 RPtidan.tidl lOtS g. Maximum vehicular trips generated per hour (upon completion of project)? unknown h. It residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 10 i. Dimensions (in feet) of largest proposed structure height; width; length. Unkn OWn j. Linear feet of frontage along a public thoroughfare project will occupy is? 2.239.5?(t. 3 2. How much natural material (i.e., r~earth, etc.) will be removed from the s~ tonslcubip yards, 3. Will disturbed areas be reclaimed? ?Yes ?No NIA a. If yes, for what intender' purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ?Yes ?No / c. Will upper subsoil be stockpiled for reclamation? ?Yes ?No l 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? NOne acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ?Yes f3No 6. If single phase project: Anticipated period of construction 2-3 months, (including demolition). Roads 7. If multi-phased: a. Total number of phases anticipated 1 (number). Roads b. Anticipated date of commencement phase 1 Ilnlrnnwn month year, (including demolition). c. Approximate completion date of final phase lln ...n month year. d. Is phase 1 functionally dependent on subsequent phases? ?Yes ?No N/A 8. Will blasting occur during construction? ?Yes y~lo 9. Number of jobs generated: during construction 1-10 ;after project is complete 10. Number of jobs eliminated by this project None 11. Will project require relocation of any projects or facilities? ?Yes ®No If yes, explain 12. Is surface liquid waste disposal involved? ?Yes Flo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body dnto which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ?Yes ~ttlo Type 14. Will surface area of an existing water body increase or decrease by proposal? ?Yes pNo Explain 15. Is project or any portion of project located in a 100 year flood plain? ?Yes fXlNo 16. Will the project generate solid waste? ?Yes (ENO a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ?Yes ?No c. If yes, give name _ location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ?Yes ?No e. If Yes, explain _ 17. Will the project involve the disposal of solid waste? ?Yes C~No a. If yes, what is the anticipated rate of disposal? tonslmonth. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ?Yes ®No 19. Will project routinely produce odors (more than one hour per day)? ?Yes R]No 20. Will project produce operating noise exceeding the local ambient noise levels? ?Yes ®No 21. Will project result in an increase in energy use? ?Yes ~C7No If yes ,indicate type(s) _ 22. If water supply is from wells, indicate pumping capacity I'1/A gallonslminute. c 23. Total anticipated water usage per day N/,~,_ gallons/day. C ate. 24. Does project involve Local, State or federal funding? ?Yes &7No If Yes, explain 4 _~r- IMPACT ON TRANSPORTATION 1 2 3 ' Small to Potential Can Impact Be 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By ffiSNO ?YES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ? ? ?Yes ?No • Proposed Action will result in major traffic problems. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ®NO ?YES _ Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ? ? ?Yes ?No = arty farm of energy in the municipality. s: • Proposed Action will require the creation or extension of an energy ? ? ?Yes ?No transmission or supply system [o serve more than 50 single or two family residences or to serve a major commercial or industrial use. ^t • Other impacts: ? ? ?Yes ?No NOISE AND ODOR IMPACTS i 16. Will there be objectionable odors, noise, or vibration as a result j of the Proposed Action? I~NO ?YES ! fzamples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ? ? ?Yes ?No facility. • Odors will occur routinely (more than one hour per day). ? ? ?Yes ?No l • Proposed Action will produce operating noise exceeding the local ? ? ?Yes ?No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ? ? ?Yes ?No noise screen. ' Other impacts: ? ? ?Yes ?No IMPACT ON PUBLIC HEALTH - ~ 7. Will Proposed Action affect public health and safety? C3N0 ?YES Examples that would apply to column 2 Proposed Action may cause a risk of explosion or release of hazardous ? ? ?Yes ?No substances (i.e. oil, pesticides, chemicals, radiation, etcJ in the event of accident or upset conditions, or there may be a chronic low levei discharge or emission. I`L- Proposed Action may result in the burial of "hazardous wastes" in any ? ? ?Yes ?No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural ? ? ?Yes ?No gas or other flammable liquids. Proposed action may result in the excavation or other disturbance ? ? ?Yes ?NO ~.vithin 2,000 feet of a site used for the disposal of solid or hazardous r .vaste. L , Other impacts: ? ? ?Yes ?No 10 ` 25. Approvals Required: Submittal ' ~ Type ~ Date City, Town, Village Board ?Yes $$Nm CXt~Town, Yfp~pgq(Planning Board flYes ?No Southold Town Planning Bd. 186 City, Town Zoning Board ?Yes L~XNO City, County Health Department f~l'es ?No Suffolk Country Health Dept. X89 Other Local Agencies ?Yes ~1No Other Regional Agencies ?Yes ~1No State Agencies ?Yes Cy]No Federal Agencies ?Yes C~7No ' C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? l~l'es ?No If Yes, indicate decision required: • ?zoning amendment ?zoning variance ?special use permit ®subdivision ?site plan ?new/revision of master plan ?resource management plan ?other 2. What is the zoning classification(s)of the site? R-80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Eleven Lots 4. What is the proposed zoning of the site? R-80 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? FIP~r~n I ots C 6 Is the proposed action consistent with the recommended uses in adopted local land use plans? j~Yes ?No 7. What are the predominant land use(s) and zoning classifications within a mile radius of proposed action? Residential and agriculture 8. Is the proposed action compatible with adjoining surrounding land uses within a mile? &7Yes ?No 9. If the proposed action is the subdivision of land, how many lots are proposed? 7-2p a. What is the minimum lot size proposed? 36,100 10. Will proposed action requGre any authorization(s) for the formation of sewer or water districts? ?Yes ®No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ?Yes f~NO . a. If yes, is existing capacity sufficient to handle projected demand? ?Yes ?No N/A 12. Will the proposed action result in the generation of traffic significantly above present levels? ?Yes fjaNo a. If yes, is the existing road network adequate to handle the additional traffic? ?Yes ?No N/A D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verificat' I certif info ati ovided above is true to the best of my knowledge. A ica / Na a Dale Nnvamhar 6,_„1gg0 Sign a Title t is in the C a al Ar you areas a agency, complete the Coastal Assessment Form before proceeding with this ss men 5 Part 2-PRt~CT IMPACTS AND THEIR MA~TUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonablet The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples andjor lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project,. on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 ~ Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By Impact Impact Project Change 1 . Will the proposed action result in a physical change to the project site? ?NO ~IYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ? ? ?Yes ?No foot of length), or where the general slopes in the project area exceed l0%. • Construction on land where the depth to the water table is less than ? ? ?Yes ?No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ? ? ?Yes ?No • Construction on land where bedrock is exposed or generally within ? ? ?Yes ?No 3 feet of existing ground surface. • Construction [ha[ will continue for more than 1 year or involve more ? ? ?Yes ?No than one phase or stage. • Excavation for mining purposes [ha[ would remove more than 1,000 ? ? ?Yes ?No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ? ? ?Yes ?No • Construction in a designated floodway. ? ? ?Yes ?No • Other impacts TWO ROddS ~ ? ?Yes ?No 2. Will there be an effect t~....~y ur:,que or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)~NO ?YES • Specific land forms: ? ? ?Yes ?No 6 _ _ _ 1 ~ 2 3 Small to Potential Can Impact Be IMPACT ON WATER Moderate Large Mitigated By 3. Will proposed action affect anywvater body designated as protected? Impact Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) f~NO ?YES Examples that would apply to column 2 • Developable area of site contains a protected water body. ? ? ?Yes ?No • Dredging more than 100 cubic yards of material from channel of a ? ? ?Yes ?No protected stream. • Extension of utility distribution facilities through a protected water body. ? ? ?Yes ?No • Construction in a designated freshwater or tidal wetland. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No • 4. Will proposed action affect any non-protected existing or new body of water? ChNO ?YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ? ? ?Yes ?No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 5. Will Proposed Action affect surface or groundwater quality or quantity? ®NO ?YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ? ? ?Yes ?No C • Proposed Action requires use of a source of water that does not ? ? ?Yes ?No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ? ? ?Yes ?No gallons per minute pumping, capacity. • Construction or operation causing any contamination of a water ? ? ?Yes ?No supply system. • Proposed Action will adversely affect groundwater. ? ? ?Yes ?No • Liquid effluent will be conveyed off the site to facilities which presently ? ? ?Yes ?No do not exist or have inadequate capacity. • Proposed ,Sction would use water in excess of x0,000 gallons per ? ? ?Yes ?No day. • Proposed Action will likely t:at:s~ siltation or other discharge into an ? ? ?Yes ?No existing body of water io the exte-t that there will be an obvious visual contrast to naturi conditions. • Proposed Action will require the storage of petroleum or chemical ? ? ?Yes ?No - products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ? ? ?Yes ?No andlor sewer services. • Proposed Action locates corttmercial andlor industrial uses which may ? ? ?Yes ?No require new or expansion of existing waste treatment andlor storage facilities. • Other impacts: ? ? ?Yes ?No ~ 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ?NO ®YES X X Examples that would apply to column 2 • Proposed Action would change flood water flows. ? ? ?Yes ?No 7 - _ ~ 1 ~ 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change << • Proposed Action may cause substantial erosion. ? ? ?Yes ?No • Proposed Action is incompatible with existing drainage patterns. ? ? ?Yes ?No • Proposed Action will allow development in a designated floodway. ? ? ?Yes ?No • Other impacts: Two Rodds ® ? ?Yes ?No IMPACT ON AIR 7. Will proposed action affect air quality? jE]NO ?YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ? ? ?Yes ?No hour. • Proposed Action will result in the incineration of more than 1 ton of ? ? ?Yes ?No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ? ? ?Yes ?No C: heat source producing more than 10 million BTU's per hour. I' t • Proposed action will allow an increase in the amount of land committed ? ? ?Yes ?No to industrial use. • Proposed action will allow an increase in the density of industrial ? ? ?Yes ?No development within existing industrial areas. • Other impacts: ? ? ?Yes ?No IMPACT ON PLANTS AND ANIMALS { 8. Will Proposed Action affect any threatened or endangered species? ~7N0 ?YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ? ? ?Yes ?No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ? ? ?Yes ?No • Application of pesticide or herbicide more than twice a year, other ? ? ?Yes ?No ~ than for agricultural purposes. • Other impacts: ? ? ?Yes ?No ~ Will Proposed Action substantially affect non-threatened or non-endangered species? ®NO ?YES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or ? ? ?Yes ?No migratory fish, shellfish or wildlife species. r` Proposed Action requires the removal of more than 10 acres ? ? ?Yes ?No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land resources? ENO ?YES Examples that would apply [o column 2 ~ ihe proposed action would sever, cross or limit access to agricultural ? ? ?Yes ?No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 • 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated ey Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ? ? ?Yes ?No agricultural land. • The proposed action would irreversibly convert more than 10 acres ? ? ?Yes ?No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disruptor prevent installation of agricultural ? ? ?Yes ?No land management systems (e. g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e. g. cause a farm . field to drain poorly due to increased runoff) • Other impacu: ? ? ?Yes ?No IMPAC7 ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? &~10 ?YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ? ? ?Yes ?No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ? ? ?Yes ?No aesthetic resources which will eliminate or significantly reduce their C enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ? ? ?Yes ?No screening of scenic views known to be important to the area. • Other impacts: ? ? ?Yes ?No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? >(BNO ?YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ? ? ?Yes ?No contiguous to any facility or site listed on the State or National Register - of historic places. • Any impact to an archaeological site or fossil bed located within the ? ? ?Yes ?No project site. - • Proposed Action will occur in an area designated as sensitive for ? ? ?Yes ?No archaeological sites on the NYS Site Inventory. • Other impacts: ? ? ?Yes ?No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect [he quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ENO ?YES • The permanent foreclosure of a future recreational opportunity. ? ? ?Yes ?No • A major reduction of an open space important to the community. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 9 ~estried April 19, 1994 Abigail A. Wickham Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Major Subdivision West Mill Subdivision - M. Paul Friedberg SCTM# 1000-106-9-4.2 Dear Ms. Wickham: The following took. place at a meeting of the Southold Town Planning Board on Monday, April 18, 1994: The following resolution was adopted: WHEREAS, the Southold Town Planning Board granted conditional final approval to the major cluster subdivision known as West Mill Subdivision on May 3, 1993; and WHEREAS, all conditions of final approval have been fulfilled, be it therefore RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final survey dated April 12, 1993, together with the final road profile and drainage plan dated January 11, 1993. ~T~ - _ - T 1 2 3 IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate large Mitigated By ~ 18. Will proposed action affect the character of the existing community? Impact Impact Project Change ®NO ?YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ? ? ?Yes ?No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ? ? ?Yes ?N~ will increase by more than 5'% per year as a result of this project. • Proposed action will conflict. with officially adopted plans or goals. ? ? ?Yes ?Na • Proposed action will cause a change in the density of land use. ? ? ?Yes ?No • Proposed Action will replace or eliminate existing facilities, structures ? ? ?Yes ?No or areas of historic importance to the community. • Development will create a dErmand for additional community services ? ? ?Yes ?No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ? ? ?Yes ?No • Proposed Action will create or eliminate employment. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ®NO ?YES If Any Action in Part 2 Is Identified as a Potential Large Impact or f If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for eaclh impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe (if applicable) hovr the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. 7o answer the question of importance, consider: • The probability o6 the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. _ ~ (Continue on attachments) 11 _ AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on oJoJ ~.ooa- I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on ~7v(SC-rt RM CS ~7a~/~ irJO S Your n i e (print) SI natur ~0 `I~ (.t~J7~-~1?t' /?~~77/7?C/c (~.7, II~iSZ Address !b 3/ O~ Date J ` . Nota /%V~/~Publlc t NOV -1 zuu[ MARlEA.WOODS t, T NotaryPUblic,Stateo4NawYork ~',':90t41Q~(~ g(~~J(~ No.01W05031ES0 ~'.ad a, Oualffled in Suffo:k 0ounty l' / „ ;'I FqY Canmission Expires Aup.15, 20~ PLEASE RETURN TH/S AFFIDAVIT AND CERT/F/ED MA/L RECE/PTS ON THE DAY OF, OR AT THE PUBL/C HEAR/NG Re Proposed Amendments to the Covenants & Restrictions of an Approved Major Subdivision SCTM#: 1000-106-9-4.9 Games Stavrinos) Date of Hearing:Monaav November 4, 2002, 6:10 p.m. Ii ~ ~ • • IK9m/9Iy/iPILY.YSNIrtl~,IODU/>Ilpyy' I~ ¦ Complete items 1, 2, and 3. Also complete E item 4 if Restricted Delivery is desired. ¦ Complete items 1, 2, and 3. Also complete A. Received by (Please PNnt CleaNy) B. Date of Delivery ¦ Print your name and address on the reverse item 4 if Restricted Delivery is desired. I so that we can return the card to you. - C • Print your name and address on the reverse ~ ~ ~ - L~ lr ¦ Attach this card to the back of the mailpiece, so that we can return the card to you. C. ~ a ure or on the front if space permits. ¦ Attach this card to the back of the mailpiece, ? Agent 1. Article Addressed to: ~ or on the front if space permits. ? Atldressee ~I / 1. Article Addressed to: s tleliv dress different from ttem 17 ? Yes I / / ~T 7~ 7 VL/L~ /i~% ~T ~/J'V/, If enter livery atldress below: ? No ~~s w~~«~ ~ " I/T / 7f 71/(.~~ ~ ~ I q ~ L LRertifie ail ? Express Mail R red ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. 2. Article Number (Copy from servir 4. Restricted Delivery? (Extra Feet p yes 7002 0510 ~ 2. ArticleNUmber(Cop 4002 -0510 0002 2040 6278 ' PS Form 3$11, July 1999 Domestic Return PS Form 3$11, July 1999 Domestic Return Receipt 102595-ss-M-t]es 1. Article Atltlressed to: p~ M -Ifl'ES. enTefdeTfv€rY 8001ess oeiow. fFTZf~II, `NY ( ~ _ ADD rK ~ V S ( J Postage $ O. _ _ 0952 1 ~ ~~I , ~ ^ -,r Certified Fee C I I'J W'~f7v pn Receipt Fee L s[mark _ 11 merit Requiretl) 1 ~j p ere /~A q V 5v Y 3. Service TYPe r7 IT / (I ` ?Certifietl Mail ? Ex ress Mail ed Delivery Fee P merit Requiretl) r' \ ~q L ? Registered ? Return Receipt for Merchandise `1 ? Insured Mail ? C.O.D. >stage 8 Fees $ 4. 4. Restricted Delivery? (Extra Fee) ? Ves y}~ ,M i ~ ~ 1 f C ~{-1J 2. Article Number (Copy from se 70 2 0510 0002 2040 6230 'l _ No. V'Y~1 C~f i. ZIP+4 PS Form 3811, July 1999 Domestic Return Receipt toz5ss-ss-M-rtes - 1~R7~/~/L(/C N~ IIS~L l~V V ~y, ~V©I ~~Q~l~ 'oate9e 8 Feea r - V Or ~ O/" / ~ Pt Not----------_---._~_____-------------____~ g~ryy vPe ,x Nq. ~ i~ J~ Sri A N ~2 7/-~ I~oA,)-------------- U ? Gertif' xpress Mail + ~P.4 - _------t-~..-___ _ ~~}'~7~~(Ut~~ ~ 1.~I`1~~ Registe Return Receipt forMerchandise~ ~Di/7f-ft)~ 1IQ]~ i ? In i ? C.O.D. _ ~m.~ 4. Restricted Delivery? (Ext2 Fee) ? Yes p - _ / I~- ~ - - 2. Article Number (Copy from ser 7 ~ 77/ 7VL%! I -kJ t/Y~,. d/ No.; 7002 0510 000 2040 6261 N°. OJ- - /~r7~ - PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1]89 _ ZIP+4" ,/?C~N 1 f 1 ) l _ _ _ M / _ 7 If YES, enter delivery ad ress w: ? No ~ soon/~~ ~~N~ v ~c-~/T~~ °'T ~.ziP~"a~~r~l fV.~ ~iQ11~Z. 3. Service Type r " 7~f7v(~ I M~}77/ 71/((l N i ~ q r z ~ Certifietl Mail ? Express Mail 1e ? Registered ? Return Receipt for Merchandise p,, ' ~ - ? Insured Mail ? C.O.D. ~ ~•--y~717(Lc 1-121 7[) 4. Restdctetl Delivery? (Extra Fee) p yes Jo°" f ~~~'~_-C~~- - - 2. Article Number (Copy from < ziv~a I 7002 0510 0002 2040 6254 M~~7i7v(i~ N.N, ~Iq~-Z PLANNING BOARD MEMBERS O~OSVFf~(~C~ BENNETT ORLOWSKI, JR. oy P.O. Box 1179 Chairman o= ~ Town Hall, 53095 State Route 25 y : Southold, New York 11971-0959 RICHARD CAGGLSNO W Telephone (631) 765-1938 WILLLAM J. CREMERS ~ ~ KENNETH L. EDWARDS 'y~IJ~l ~~0~' Fax (631) 765-3136 MARTIN 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, 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 4th day of November, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed set-off for Bruce Isaacs. The property is located on the north corner of Alvah's Lane and the Long Island Rail Road in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-101-2-19 6:05 P.M. Public Hearing for the proposed set-off for Robert Graeb/Persistence Properties. The property is located on the north side of CR 48, 941' NE of Cox's Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-1-10.1 6:10 P.M. Public Hearing for the proposed modification of Covenants & Restrictions for the approved Major Subdivision of James Stavrinos. The property is located on the west side of West Mill Rd., 1,102' south of Naugles Dr. in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-106-9-4.9 Dated: 10/10/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, OCTOBER 24, 2002 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPY SENT TO: The Suffolk Times ~RQf1 5[YJTHGLD TOI,M{ F'L.FI^RJING BOGR7 NC 631 7E.5 313E Oct. e`9 ?NC12 F79:15W`+ F] P.O. Box 1179 53095 Route 75 Southold, NY 11971 Phone: (631) 785-1838 Fax: (S31 J 765-3138 E-Mali: planning~southold.c,rg ~I ~a~ The Suffolk Tim t~.orn: Valene 3cc~pax-^.s~a Ruu hgvr. 2 Ptwner tLke: 10/9lD2 tte: l . I Ad for 1012M02 Edldon eG for Rwi~w Gamnwnf gonna Reply •e Regwesbd Pfease print the fallowing legal ads in the 1012d/02 edition. 7nanks. 11JAi02 Regular Meet7ng: 8:00 p.m. Set-O!f far BtuCe Isaacs d:06 p.m, Pcrsisience Properties Set-Off 6:10 p.m. Aman~finents to 9tawinos CovenaMS & Restrictions Kindly acknmwladge receipt 4y signing below and faxing cover fr<fsr back ReCeivad toy; ~ i0' d tTT'~ ° i i 20-60-?~O • i gUFFO(,~ PLANNING BOARD NIEMBER3 C~ BENNETT ORLOWSKI, JR. h~~ P.O. Box 1179 Chairman o ~ Town Hall, 53095 State Route 25 H Z Southold, New York 11971-0959 RICHARD CAGGIANO u~ Telephone (631) 765-1938 WILLL9M J. CREMERS ~ ~ KENNETH L. EDWARD5 y?f~l ~ ~aO~ Fax (631) 765-3136 MARTIN 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, 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 4th day of November, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed set-off for Bruce Isaacs. The property is located on the north corner of Alvah's Lane and the Long Island Rail Road in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-101-2-19 6:05 P.M. Public Hearing for the proposed set-off for Robert Graeb/Persistence Properties. The property is located on the north side of CR 48, 941' NE of Cox's Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-1-10.1 6:10 P.M. Public Hearing for the proposed modification of Covenants & Restrictions for the approved Major Subdivision of James Stavrinos. The property is located on the west side of West Mill Rd., 1,102' south of Naugles Dr. in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-106-9-4.9 Dated: 10/10/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL iCALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 9th day of October, 2002 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 11/4/02 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Set-Off for Bruce Isaacs SCTM#1000-101-2-19 6:05 p.m. Public Hearing for the proposed Set-Off for Persistence Properties SCTM#1000-84-1-10.1 6:10 p.m. Public Hearing for the proposed amendments to the Covenants & Restrictions of the Major Subdivision of James Stavrinos SCTM#1000-106-9-4.9 , ,~r1P Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this ~J'~day of OcY , 2002. l%iv Vic. Notary Public L.INDAJ. COOPER Notary Public, $tata of New York No. 4@22563, Suffolk County Torm Expires Uecemoec St, i ' NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of Che Town Law, a public hearing will be held by the Southold Town Planning Board, a[ the Town Hall, Main Road, Southold. New York in said Town on the 4th day d STATE OF NEW YORK) Novembey 2002 on the question of the 1S`G~,`• following: • 4:00 p.m. Public Hearing for [he pro- C~/~+^~~~•y OF S F OLK) posed set-off for Bruce Isaacs. The ~ mad ~u~ ~~QE~_ of Mattituck, In Sald property is located on the twrth comer of Alvah's Lane and the Long Island county, being duly sworn, says that helshe is Rail Road in Cu[chogue, Town of princi I clerk of THE SUFFOLK TIMES, a weekly SonWold, County of Snffolk, State of pa New York. Suffolk County Tax Map newspaper, published at Mattituck, in the TOWn of Number 1000-I01-2-14 6:05 p.m. Public Hearing for the pra Southold, County of Suffolk end State Of New York, . posed set-off for Robert and that the Notice of which the annexed is a printed Graeb/Persis[ence Properties. The prop- erty is located on me north siae of cR copy, has been regularly published in said Newspaper 48, 941' NE of Cox's Lane in once each week for ~ weeks sucC.eS- Cutchogue, Town of Southold, County of Suffolk State of New York. Suffolk SIV61y, commencing On the ~ d8y County Tax Map Number 1000-84-1- Of ALT 2Q .?J I0.1 6:10 p.m. Public Hearing for the pro- posed modification of Covenants & Restrictions for [he approved Major rincipal Clerk Subdivision of Lames Stavrirws. The property is located on the west side of West MBl Rd., 1,102' south of Naugles Dr. in Maaimck, Town of Southold, SWOrn t0 b~Or,S me this County. of Suffolk, State of New York. JfJ•-~ ZQ a~- SuHoOe€ounty Taz Map Number 1000- day of 106-9-4.9 ' , „ ^ ~ ~D~,(~ Datea: lonaoz ~l~t.-(i(h-K BY ORDER OP THE SOUTxoLD LAURA E. BQNDARCHUK TowN PLANNING BOARD Notary Public, State of New York Bennett Orlowski, 7r. No 01806067956 chairman Qualified in Suffolk County 2492-tT 024 My Commission Expires Dec. 24, 20 a - PLANNING BOARD MEMBERS o~pS~FFO(,~coG p.0. Box 1179 BENNETT ORLOWSKI, JR. C~ y~ Chairman Town Hall, 53095 State Route 25 y Z Southold, New York 11971-0959 RICHARD CAGGLSNO ~ • ~ Telephone (631) 765-1938 WILLL4M J. CREMERS ,j. O`, Fax (631) 765-3136 KENNETH L. EDWARDS ~~l ~ ~a MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 8, 2002 Mc James Stavrinos 1845 Central Drive Mattituck, NY 11952 Re: Proposed Modification of Covenants & Restrictions Located on the west side of West Mill Rd., 1,102' south of Naugles Dr. in Mattituck SCTM#1000-106-9-4.9 Zone: A-C Dear Mr. Stavrinos: The Southold Town Planning Board, at a meeting held on Monday, October 7, 2002, adopted the following resolution: BE IT RESOLVED that the Southold Town Planning Board set Monday, November 4, 2002, at 6:10 p.m. for a final public hearing to amend the Declaration of Covenants and Restrictions, dated February 4, 1994, to construct a 36' x 70' pre-fabricated bam structure outside of the building envelope on Lot #7 (Agricultural Reserve Easement Area). 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 from the certified mailing before 3:00 n.m. on Fridav. November1st. The sign and the cost need to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. ery truly yours, ennett Orlowski, r. v~ Chairman End. . 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 an amendment to the Covenants & Restrictions of the approved 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#1000-106-9-4.9 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 modify the Covenants & Restrictions to build a 36' x 70' pre-fabricated barn structure outside of the building envelope on Lot #7 and within the Agricultural Reserve Easement Area. The parcel is located on the west side of West Mill Road, 1,102' south of Naugles Drive in Mattituck; 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 3 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, November 4, 2002 at 6:10 a.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): James Stavrinos Date: 10/8/02 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has rernained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on Your name (print) Signature Address Date Notary PubNc PLEASE RETURN TH/S AFF/DA 1~/TAND CERT/F/ED MA/L RECE/PTS ON THE DAY OF, OR AT THE PUBL/C HEARING Re~Proposed Amendments to the Covenants & Restrictions of an Approved Major Subdivision SCTM#:1000-i06-9-4.9 (Sames Stavrinos) Date of Hearing:Monaay, November 4, 2002, 6:10 p.m. §"b8-1 NOTICE OF PUBLIC IIEAR.ING § 58-1 Chapter 68 NOTICE OF PUBLIC IiF.ARING § 68-I. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1996 as L.L. No. 26.1996. Amendments noted where applicable.] § 68.1. Providing notice of publlo hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board ar commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed bylaw, B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed pn the premises facing each public or private street which the property involved in the application abate, giving notice 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 ton (10) feet fMm the property line. The sign shall be displayed for a period of not lees than seven ('7) days immediately preceding the date of the public hearing. The. applicant or his/her. agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which 'abuts and every property which is across from any public or private street. b801 i-xc-ee § 58-1 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 then; on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with thiF provision. 5802 i -Ea -eo JAMES STAVRINOS MODIFICATION OF COVENANTS & fi~ESTRICTIONS 1000-106-9-4.9 Modify the Covenants & Restrictions to build a 36' x 70' pre- , fabricated barn structure outside of the building envelope on Lot #7 and within the Agricultural Reserve Easement Area. ~ MON. -NOVEMBER 4, 2002 - 6:10 P.M. SuGnziss3on F(J;thout a Covor Letter sert,aet~: Subject: ~ scTnrt~: i o0 ~-i...~ 02. Date: Cottr.nunts: w., ~ f E,; tr; F. ~Y~i.~~'~ V V 1, t o ~ ~UUL ~yar~r` ~t~t~~~~'1`~i~i'tti ~d~nr?i~~~ Bda _ _ o 3~ 5 N i ° ~ ~ 1 ! W ~ pp~ a- V 0 ~ 4~ ~ ~ Q ~ ~ ~i'_ _ G~~ ti ~ P ~ cw { ~r F, ~ ~ ~ ' ~ 'a 1~ ~ 1 i a ~ * ~ -r~ ~ _ s - C } ~ ~~t c ` ~ ~L i f i i t ~ ~ i Ra 0 L ~uwr2 OCT SouthaldTown . PI~n~?n!~ E~oard REQUEST FOR INFORMATION OR ASSISTANCE. Date: ~ ~ ~I 1 ~ Z Name: j,.~ ~S ~-~~f~•~~,os Telephone: Zy ~ _ 1 Mailing Address: 'L~-- SCTM# of site you are inquiring abo ~ 0 (o - `i -~-1, ~ Query: (Please be specific about the info mation you need. Provide supporting documentationl- surveys, maps sketches - where1possible.) J J ~o ~S, ~ wt~ ; n e ~d-~~ bu; ~ ~A~CI o ~ C. it c ? R For Office Use Only: Routed to: ~gUfl~D(,~c • rhS RAYMOND L. JACOBS ~ ~ JAMES A. RICHTER, R.A. °O i SUPERINTENDENT p • ~ ENGINEER SOUTHOLD TOWN HIGHWAY DEPARTMENT .y TOWN OF SOUTHOLD Fax. (SI6)-765-1750 ~O'~ # Tel. (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD February 6, 1998 Mr. Raymond L. Jacobs Superintendent -Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, New York 11958 Re: WEST MILL SUBDIVISION SCTM # 1000-106-09-4.12 Dear Ray: As per your request, I have inspected the roads and drainage structures in the above referenced subdivision which have been offered to the Town for dedication. Selah Lane and the Cul-de-Sac has been constructed in a satisfactory manner. All of the road and drainage construction items have been installed in compliance with Highway Specifications and Planning Board requirements. The required street light located adjacent to the Cul-de-Sac has also been installed. This fixture, however, has not been connected to electrical power and will require the authorization from the Town Board to have LILCO energize the light when the road becomes a public street. If you have any questions concerning this matter, please contact my office. Sincerely, James A. chter, R.A. cc: Bennett Orlowski, Jr.. (Chairman -Planning Board) ~ ~ J ~4y~ o~~S~fFO(~-~oG ~ ~s JUDITH T. TERRY = y` Town Hall, 53095 Main Road TOWN CLERK y Z P.O. Box 1179 .r ~ Southold, New York 11971 REGISTRAR OF VITAL STATIST]:CS O ~ ~ Fax (516) 765-1823 RECORDS~MANAGEMENT OFFICER y~0.( ~a0~ Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 19, 1996: RESOLVED that the Town Board of the Town of Southold hereby authorizes the release $96,070.00 currently being held by the Town clerk in a passbook as a bond for roads and improvements in the major subdivision of West Mill, Mill Road, Mattituck, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James A. Richter. Judith ~iy?~ Southold Town Clerk March 20, 1996 r `C' ri - -~~.~.~e..-....._,. f,,~~; tt ~ ~ _ MAR 2 11996 NiN Vii I Vii uU M LAW OFFICES WICKHAM, WICKHAM &BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUC K, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESSLER AOIGAIL A, WICKHAM 516-298-5300 516-298-8353 TELEFAX NO. 516-298-2012 LYNNE M. GORDON TELEFAX NO. 516-298-8565 HUBERT F. SU LLIVAN JANET GEASA JEFFREY STARR March 18, 1996 Southold Town Planning Board P. O. Box 1179 Southold, New York 11971 Attn: Melissa Re: Map of West Mill Road (M. P. Friedberg) Dear Melissa: Confirming our prior telephone conversation, this is to request that the Town Board be asked to release the cash performance bond on this subdivision inasmuch as the improvements have been installed. Thank you for your prompt attention to this matter. Very ,truly yours, igail A. Wickham ;III r~ I~~'Y 9 ~ MAR I 1996 scuTN„~,~~ ~,;.~a pLA?Jl~siti;, E~iitt;D ....,,0.~ PLANNING BOARD MEMBERS SU~y fFQ(~~ C~~ Town Hall, 53095 Main Road RICHARD G. WARD 7 O Chairman ~ P.O. Box 1179 o Southold, New York 11971 GEORGE RITCHIE LATHAM, JR. y = Fax {516) 765-3136 BENNETT ORLOWSKT, JR. u~ of WILLLSM J. CREMERS ~ • ~ Telephone (516) 765-1938 ' KENNETH L. EDWARDS y~Ol ~ ~a0~' PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 19, 1996 Abigail A, Wickham, Esq. P.O. Box 424 Mattituck, NY 11952 ~ Re: Approved major subdivision for Paul Friedburg (a.k.a. West Mill) SCTM# 1000-106-9-4 Dear Ms. Wickham: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 18, 1996: BE IT RESOLVED that the Southold Town Planning Board recommend to the Town Board that the $96,070.00 certified check from The Friedberg Partnership be released. The roads and improvements in the major subdivision of 'West Mill', Mill Road, Mattituck have been completed in a satisfactory manner as noted in the December _ 22, 1995 report from James Richter. The farewell has been tested by the Mattituck Fire Department and has been found to be within the Mattituck Fire District Farewell Specifications. Please contact this office if you have any questions regarding the above. Sincerely, . Ric and G. Ward ~4f Chairman enc. PLANNING BOARD MEMBE• ~ ~ s ~ • ~~Q ~ Town Hall, 53096 Main Road RICHARD G. WARD ,1~~0 Gy P.O. Box 1179 Chairman 90= ~ Southold, New York 11971 GEORGE RITCHIE LATHAM, JFt. y 2 ~ Fax (516) 765-3136 BENNETT ORLOWSHI, JR. n~ WILLIAM J. CREMER3 ~ • Telephone (516) 765-1938 xz;NNETx L. EDWARDa ti~j01 ~ ~~~y0~~' `~m~c~'" PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 19, 1996 Judith Terry, Town Clerk Southold Town Hall Southold, NY 11971 Re: Approved major subdivision for Paul Friedburg (a.k.a. West Milq SCTM# 1000-106-9-4 Dear Ms. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 18, 1996: BE IT RESOLVED that the Southold Town Planning Board recommend to the Town Board that the $96,070.00 certified check from The Friedberg Partnership be released. The roads and improvements in the major subdivision of 'West Mill', Mill Road, Mattituck have been completed in a satisfactory manner as noted in the December 22, 1995 report from James Richter. The firewell has been tested by the Mattituck Fire Department and has been found to be within the Mattituck Fire District Firewell Specifications. Please contact this office if you have any questions regarding the above. Sincerely, ' / G~~ ~ G~~ Richard G. Ward ~ls Chairman enc. ~wi~` ~ ~ MATTITUCK FIRE DISTRICT P. O Box 666, Pike Street attttuc , ew or - o~ce (516) 298-8837 fax (516) 298-8841 Commissioners John A. Keogh, Sect. Walter Kosianowski, Chairman Barbara Dickerson, Treas. John M. Divello John C. Harrison George Lessard, Sr. G. Thomas Woodhull January 30, 1996 Melissa Spiro, Planner Planning Board Office Town of Southold PO Box 1179 Southold, NY 11971 1tE: Approved Major Subdivision -West Mill Subdivision M. Paul Friedburg SCTM#1000-106-9-4.2 Dear Ms. Spiro, In regards to the above stated Subdivision the firewell, located at Lot #1, has been tested by the Matttituck Fire Department and has been found to be within the Mattituck Fire District Firewell Specifications. Sincerely, Jo m A. Keogh, Je t. Bo rd of Fire Commi sio~?ers ttituck Fire Distric ~JJJ cc: Mr. Wm. Moore, Esq. - Mr. Paul Friedburg, ~ ~ E~ i' Ilts c~epp - L~! I fCD 4 Y_,._,_._,.., LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P. c. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESSLER 516-298-5300 ABIGAIL A. WICKHAM TELEFAX NO. 516-298-2012 516-298-6353 LYNNE M. GORDON TELEFAX NO. 516-298-8565 HUBERT F. SU LLIVAN JANET GEASA JEFFREY STARR January 16, 1996 Ms. Melissa Spiro Southold Town Planning Board P. O. Box 1179 Southold, New York 11971 Re: West Mill Subdivision M. Paul Friedburg SCTM 1000-106-9-4.2 Dear Melissa: Following your telephone call, we have asked our client to make arrangements to have the fire well inspected. This may take some time as the fire department is preoccupied with snow removal. We will advise you as soon as this matter has been completed. Very tJ~~,J~/J ~.~1,~: / ~L LEA Abigail A. Wickham AAW:IDh 30-pingbd JANIT~ SOUTHOLD TOWN PLAF1NiiVG BOARD , RAYMOND L. JAC0235 ~ :'~1 JAMES A. RICHTER, R.A. S SUPERI:7TENDENT. ~ ' ~ ENGINEERING INSPECTOR SOUTROLD T077H EIGiiWAY DEPARTAE.`7T 40'. O~ Faz (516)-765-1750 ~Ol J~[ Is~ (516)-7fi5-70'0 OFFICE OF THE ENGINEER TOWN OP 60VTHOLD DECEMBER 22, 1995 Mr. Raymond L. Jacobs Superintendent -Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, New York 11958 12'25' 7a sosse~ w, lJ~'clcL.~.w.. She w~l~ n S F~ /e ~~6~v: c* 'h; ~V+t Pec'f . Re: WEST MILL -Major Subdivision Mill Road, Mattituck SCTM 1000-106-09-04 Dear Ray: As per your request, I have conducted a final inspection of the above referenced subdivision. All of the construction items listed in the Bond Estimate have been completed in a satisfactory manner. The Fire Well installation will require the inspection and approval of the Fire Commissioners in the district. If you have any questions concerning this report, or if you have any additional questions about this project, please contact my office. inc rely, James A. Richter, .A. cc: Richard G. Ward ~ ~ ~ ~ ~ ~ y (Chairman -Planning Board) ~ oFr, 2 7 i99~ t___~ - 5,r~. S~EFO1,~ . ;~r'~ RAYMOND L_ J ACOB S ~O CO~~ J AM£ 5 A. R I CBTE R, R. A_ SUPERINTENDENT. ~ • ~ ENGINEERING INSPECTOR SOUTNOLD TOWN EIGNWAY DEP.4RTNF:NT O Fas (S16)-765-1'SO ~ ~~1 l~il ~~0~ (5I61-765-70'0 O F F I C E O F THE E NG W E E R TOXIN OP SOVTXOLD M E M O R A N_ D__U._ M TO: RICHARD G. WARD FROM: JAMIE R'.ICHTER`\~ SUBJECT: WEST MILL SUBDIVISION, MATTITUCK SCTM p 1000 - 106 - 09 - 04 DATE: SEPTEMBER 12, 1995 ENCLOSED PLEASE FIND A COPY OF MY LATEST INSPECTION REPORT CONCERNING THE ABOVE REFERENCED SUBDIVISION. IF YOU HAVE ANY QUESTIONS CONCERNING THE STATUS OF THIS PROJECT OR IF YOU REQUIRE ANY ADDITIONAL INFORMATION, PLEASE CONTACT MY OFFICE. p ~G(~Ji~[~ SEP I ? 1995 ~ TNOLD TOWN ING BOARD RAYMOND L. J ACOE3 S o C`^ J AM E S A. R I CHT£ R. R. A. Z SL'PERIHTENDENT. ~ ' ~ ENGtvEERING INSPECTOR SOU1'30LD TOWN HIONWAY DEPARTNEN? y0 O` Fas (3167-763-1730 ~~1 JF[ , (3161-763-30'0 O F F I C E O F TH£ £ NG Z NE £ R TOMN OP~ BOVTHOLD INSPECTION FiEPOF?T REPORT # 002 PROJECT: WEST MILL, MATTITUCK AUGUST 24,1995 CLEAR, SUNNY 87 DEGREES SCTM # 1000 - 106 - 09 - 04 CONTRACTOR: CORAZZINI & SONS PROJECT FOREMAN: P.J. CORAZZINI AVERAGE FIELD FORCE: CORAZZINI & SONS - 1 FOREMEN, 6 MEN EQUIPMENT AT THE SITE: 1 SPREADER BOX, 1 ROLLBR, 1 EQUIPMENT TRUCK,. 3 DUMP TRUCKS VISITORS: RAYMOND L. JACOBS - (SUPERINTENDENT OF HIGHWAYS) CONSTRUCTION ACTIVITIES: * SINCE MY LAST REPORT, THE UTILITY COMPANY HAS RELOCATED THE POI:E LOCATED AT THE ENTRANCE OF THE ROAD IN AN ACCEPTABLE MANNER. * GRANITE BLOCK CURBING HAS BEEN INSTALLED PRIOR TO THIS DATE. '.CHIS OFFICE WAS NOT CONTACTED CR INFORMED THAT THE WORK HAD BEGUN AND THE JOB WAS DONE WITHOUT SUPERVISION. THE SUBSEQUENT INSPECTION OF THE CURBING APPEARED TO MEET THE MINIMUM REQUIREMENTS OF THE HIGHWAY SPECIFICATIONS. * THE FINE GRADING HAS BEEN COMPLETED IN A SATISFACTORY MANNER. * A FOUR (4") INCH LIFT OF RECYCLED CONCRETE AGGREGATE (RCA) HAS BEEN PLACED, GRADED AND PROPERLY COMPACTED. THIS ITEM REPRESENTS THE COMPLETED SUB-BASE. * THE ASPHALT WORK, CONSISTING OF A 2 1/2" LIFT OF BASE COURSE ASPHALT AND A 1 1/2" LIFT OF WEARING COURSE ASPHALT HAS BEEN INSTALLED IN A SATISFACTORY MANNER. PAGE: 1 of 1 vi~". PLANNING BOARD MEMBERS „ ~a;'~~ z '~?y~ v 0 4'~ i Richard G. Ward, Chairman , rA r' ~_~i 2 Town Hall, 53095 Main Road George Ritchie Latham, Jr. ~ ~ r v P. O. Box 1179 Bennett Odowski, Jr. ,0~~ ' Southold, New York 11971 Mark S. McDonald 7 ~ v „ Fax (516) 765-3136 Kenneth L. Edwards ~ Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 28, 1995 Abigail A. Wickham Wickham, Wickham E Bressler, P. C. Main Road, P.O. Box 1424 Mattituck, New York 11952 RE: Approved Major Subdivision "West Mill Subdivision" M. Paul Friedberg SCTM# 1000-106-9-4.2 Dear Ms: Wickham: Enclosed please find a copy of the letter dated March 24, 1995 from the Mattituck Fire District. The Planning Board has accepted the Fire District's recommendation. Please contact this office if you have any questions regarding the above. Sincerely, Melissa Spir Planner enc. - ~ATTITUCK FIRE DISTRI P. O Box 666, Pike Street Mattituck, New York 11952-0666 /Y(5 office (516) 298-8837 fax (516) 298-8841 March 24, 1995 Melissa Spiro, Planner Planning Board Office Town of Southold P O Box 1179 Southold, NY 11971 RE: Approved major subdivision -West Mill Subdivision M. Paul Friedburg SCTM N 1000-106-9-4.2 Dear Ms. Spiro; As per your letter of March 14,1995 regarding the above stated subdivision the Board of Fire Commissioners reviewed the map showing the proposed well conversion opposite lot 7 and recommend that the well at lot 1, as originally proposed, should be retained as it would better serve the number of the prposed homes in that part of the subdivision. Any further information needed please contact Commissioner G. Thomas Woodhull. Sincerely, o n ep , Se attituck Fire Di ric cc: Mr. Wm. Moore, Esq. ~ATTITUCK FIRE DISTRIC~ P. O Box 666, Pike Street ~g Mattituck, New York 11952-0666 office (516) 298-8837 fax (516) 298-8841 March 24, 1995 Melissa Spiro, Planner Planning Board Office Town of Southold P O Box 1179 Southold, NY 11971 1tE: Approved major subdivision -West Mill Subdivision M. Paul Friedburg SCTM # 1000-106-9-4.2 Dear Ms. Spiro; As per your letter of March 14,1995 regarding the above stated subdivision the Board of Fire Commissioners reviewed the map showing the proposed well conversion opposite lot 7 and recommend that the well at lot 1, as originally proposed, should be retained as it would better serve the number of the prposed homes in that part of the subdivision. Any further information needed please contact Commissioner G. Thomas Woodhull. Sincerely, om ,Se attituck ire Di ric cc: Mr. Wm. Moore, Esq. ~ ~ ~r ' ! MAR 2 4 ~ ,rr~:~~ ,,r ~F~O(. 'z~ i( PLANNINC3 BOARD MEMBEgS ~y0~ ~ ~ ~'~G;~G ~ <''t Richard G. Warcl, Chairman ~ ° ~ _ z ti Town Hall, 53095 Main Road George Ritchie Latham, Jr. ~ 0 ~ I P. O. Box 1179 Bennett Orlowski, Jr. ` Southold, New York 11971 Mark S. McDonald Fax (516) 765-3136 Kenneth L. Edwards ~rc2yv Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 14, 1995 John A. Keogh, Secretary Mattituck Fire District P.O. Bax 666. Mattituck, NY 11952 Re: Approved major subdivision -West Mill Subdivision M. Paul Friedburg SCTM# 1000-106-9-4.2 Dear Mr. Keogh: The Planning Board has received a letter dated February 1, 1995, from the attorney for the above mentioned subdivision in regard to the farewell location. I have enclosed a copy of the letter for your review. Please advise if the proposed location is acceptable. Please feel free to contact me if you require any additional information or have any questions regarding the above. Sincerely, Melissa Spiro Planner enc. ~ ~ M~~ LAW OFFICES WICKHAM, WICKHAM &BRESSLER, P.c. MAIN ROAD, P.O. 00X la2a MATTITUCK, LONG ISLAND MORTGAGE OFFICE WIlL1AM WICKHAM NEW YORK 11952 ERIC J. BRESSLER 516-298-5300 ABIG AIL A. WICKHAM 516-298-8353 TELEFA%NO. 516-296-2012 LYNNE M. GORDON TELE FAX NO. 516-298-8565 J05EPH C. SAVING HUBERT E SU LLIVAN JANET GFASA JEFFREY STARR February 1, 1995 Southold Town Planning Board Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Re: Friedberg - West Mill Subdivision Mattituck, New York SCTM 1000-106-9-4.2 Gentlemen: Mr. Friedberg's map was approved with a fire well location on the corner of Selah Lane, near lot 1. Mr. Friedberg owns a parcel of property on the east side of West Mill Road, opposite lot 7 which contains an existing well. He would like to use this existing well as a fire well for the subdivision in lieu of the well location the Board approved. The existing well was used for irrigation of the farm on the subdivision and can be converted to a fire well. We are advised that the Mattituck Fire District is receptive to this change, but will not formally consider the proposal without your approval. Therefore, we request the Board's approval of a relocation of the fire well to the parcel identified with an "X" on the enc:Losed map, which parcel is also known as SCTM#1000-106-6-13.1. We understand, of course, that any approval would be conditioned upon approval by the Mattituck Fire Commissioners. Thank you for your consideration in t matter. Very!tsuly~~u,~s, ~ ``~A/.L/~1,/~/ c l 1 I'/ry Abigail A. Wickham 30-plbdofc _ ' ; r I I ~ r~ ~I ,'I' jw1~~ i--^'.. ~U?,,Dill lf'~~~~_""'' w i - 1 P r~ x a. ..~4, arT" on~~potl ~ o P ~ . r x : ~ q h i~~~ r ~a moo: i b +n + a, ( r' DC Y, ~l- v ~ ~~d ~NLtl 4.,.. b~~~ a+. .z ,~'p ~ ~ ~ 1 1 1 z1 s ~ .a Y 1 1 1 r A ~ B r tea, ~ / ~ o "3~- s ' ~1 a _ m m\ t i no ~0 L eN 1-IIW 'Otl _ - t rv I- ~ ] - ~ 8 - - i~i ~ Ipa tl3lornYtl3nBl ~tl <r r N, ~ wA .~Y .3 t ? ^YG arN V a~ 3 h n 9 i Q ~ Z 9~i+~' - N ~ ~ 4j~b Wj `M1 aq n N N 9 b Q!° t n9'~ n ~ d 'A~ e~mT \~t, 1 w 'r n , 'n ~C n n 4 a .n s ° „ ~ ? n2 o N, n ' ~ w_ m Q1 aA S n ¢t ~ 8 ^,y A 5 ~ as -k~ wx _ _ _ _ 4 Sal 4 ;~m~i ~ 1~ ~ x n.5. z b o, < ! 9 f t~, Y - ~ 183.0 ~y ~ > ~ ~ ~ ~ g0'w106 RT. ` OF WAY- COMMON AGCGSS V ~ I 5 ~FOQ Fy~7000 DEOIGAT10~7 TO TOW>J~ ~ 5.63 i5 E. 39431 ~ ~Y 5 'D q p ,n ~ ti`a 7 ~ o - _ o -Test ~ ra J w- W v U- P- I N J !N N0.8 M~ < N pp F d w n7 I 7 ~ 6U lLDIN C. W/ zjm N ~r _i EHV&IOGE 1-o Ism ' _ ~-I ~ 1 1 ~ ~ Q m . , J I I ~ 1 fp~r~,vEC 1 y ~ l T ARHA FLP, 1 ~ ¢E56¢VE EA54MEU 1 ~ I J~G¢1GULTURA4 1 ~ 17~ t4.27v mac. ~ ~ ~ ~ ui ~ j ~ ~ `o ~ o ' v ~ o m vJ N 1 Z / _ ~ `I~l ~ I I O ~ ~ Sp ~ ~ y m N y N ~ .9 / O I f I ~ ~ 1 ~ 1 ~ ~s f- 'JEST VP5-E w0.3 , 1 I 1 tl ~ ~ ~o M ~O ~ O ~ •g I ~ ~ ~ z y~.._ aD 461.4,'7 1 _y • ~ 5 Tti cT OO" / 2A0,03 ~ ~ ~ Z b h / 5'7 CYO E' 224.44 34,4625.E vuY ~ ` ~ 197.58 ul r tb~ ~ ~mN ELL ~~q-.,~ CJ l tm tin 32,949 y-F~Y 21en ` q "o w or o,r- ~4 ~ 1~ ~ ~ ~ w 216.69 S i JJ 81. N; ij GO NE y O 38 523 S.G. r ~p vl.\4092 ~A S.'14~00•H?'P' 213.31 i i 1 AH rv a' ~ N ~o i ~ N J ~a:,,. SE 5'i84 E• t4y.53\ flQOP D. V1~~-= ~ y~~ ' m w1 0 ~ . ~ AAA ~ a ~ ~ ~ ~ ,r+eL~ o-e~ n ~ r ° a s Gr ~Iq, b1 ti ° ~TEiol Vu u~? ~ ~ Ir. I ~o ox 1 Z< v ~yc, r ~.)9 M ~ /~2. ~.Q z~35,184~'-G~`M+° 1~`- / 1~yj y.f y. cn ~ w 1 ~3~ lr pl _ ~gh95F-,~' ~-n t ) ~ N . 1 ~ M 'MBA y' • • ~ uw OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTIT UC K, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESSLER A BIGAIL A. WICKHAM 516-298-5300 516-29B-B 353 TELEFAX NO. 516-298-2012 LYNNE M. GORDON TELEFAX NO. 516-298-8565 JOSEPH C. SAVINO H UBERT F. SULU VAN JANET GEASA JEFFREY STARR February 1, 1995 Southold Town Planning Board Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Re: Friedberg - West Mill Subdivision Mattituck, New York SCTM 1000-106-9-4.2 Gentlemen: Mr. Friedberg's map was approved with a fire well location on the corner of Selah Lane, near lot 1. Mr. Friedberg owns a parcel of property on the east side of West Mill Road, opposite lot 7 which contains an existing well. He would like to use this existing well as a fire well for the subdivision in lieu of the well location the Board approved. The existing well was used for irrigation of the farm on the subdivision and can be converted to a fire well. We are advised that the Mattituck Fire District is receptive to this change, but will not formally consider the proposal without your approval. Therefore, we request the Board's approval of a relocation of the fire well to the parcel identified with an "X" on the enclosed map, which parcel is also known as SCTM#1000-106-6-13.1. We understand, of course, that any approval would be conditioned upon approval by the Mattituck Fire Commissioners. Thank you for your consideration in th' matter. Very ly o s, ~ , Abigail A. Wickham 30-plbdofc ~ ~ - ~ ~ gypp, ~ ~~Ft616~ '-SCl'JTNi)LDt PLANNIivG BOARD _ - ~ c3 s ~~a. 3 4 10~ ON !xNl1VM~~ P ^ ; ~s,//o~ ryQe~ /Y, 1 O' 335 J]5 ~ ~ 4 Ct~ h a O -J~ - 3,~po,xrrow ~3~yxa ~ a^ ti ai~% ~ ~ _ 1 ~ N NO . 7 ~ ~ 'F ~ r d A x, v ~ o ~a ; 1 ° it a a ppo ~ 8 _ e 04~ b p. rr4, P• t ~ J f ~ ,~~}l't B ~ FZ! 9 e F° - ~ ~ rY. y. fir„ Y- e , ~ ~ 2 _ ~ r•:ero ° e ~ ~a~ Z :ia 4 .a 7 s . ~ ~ r a: -x . 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A ~b^~ ° ~ ~ s• o , ' e ~ r K4M'' e ^ ~ 9~ % -•n~J a~` .v a Q 6 2 M 3_ ~ , n om[ y e - a 5 . _ O ' }tom e ~ `a • - c~~ arr ~4 ~A: ~ ~s~ ~ s ~.a°~ ~ f r' JI ~y0 / S~ s _ .a$ - S l' ~ ~-t ~ / \ ~ N / I \ f{ SO P ~ / i A ~ I~ ~ ~ //v i I ) i ~ j TEST HOLE N0.3 tli ( ~o ~ I ~s ~ -g ~ ~ ~ m m a~ I `D Z I i N - 8 ~ ~ _ n 5'TI~57 00~ E . g 7t•57 00' E. 40 461.47 "'y ' oQQ i V97~ ~ 240.03 ~ @ TEST ` 221.4.4 u~ ~ 0- veFLL Z 2 1 34,4625.F. z t~ Y w - ui r w u. - ~ O - o....-~ `J IZ N~-- 2,949 5• ~ i ~ - ~~2so N 38,523 5-F. ~~.~i ~.rA 215.0 U} BPY. ~0 ~ N.~1.00 LANE 216.69 Q ~ q N.'i844W'~1i~~ ~ ~ SELA4i 53 5.71.00 E. --1~ .61- a g,'IS4dE.~4~• 850 N. •pp'2fJ c v¢ov v. vi¢E v+eW. o. ~ F b C ~ ~ ~~\~~!~9 rR~'~~-~ ~ - ~`N .JI- ~ rNO~ a~ ~o moo' Fu ~ ~ 8 348695.F. r Q` = 35,18¢S.F, „,m gl ~~epu'~ o 3T 304 S.F- _ ~ N • ~ - - N h w,~" 1~ i ~ z of 2 Ul i 1' 21 O.1 O I~ i1 .D m 227.98 - / 218.90 i J 656.98 j m ~ N.~2'44'0o w• ~ / i ~ a'' ~ ~ ~ i 6E2GEN ~ 49~z I ~VENANTS AND RE~TRIGT;O?-1~~_~ N''HIS SUBDIVfSICN :;ate . SUBMISSION WITHOUT COVER LETTER DATE: g IL4~~1`{ SENDER: S~cfEolK COU.(1'{~., CIPa'K I SUBJECT: I fI~~W~q SCTb1,ur : IO~a - P/o ~ J COMMENTS: I f~i~d my~~- _ ~ PriVlf . g.l~ ; AUG 2 4 IS9A tl SOUTHOLD TOY2N PLANNING BO?HD - • ~ M SUBMISSION WITHOUT COVER LETTER DATE: 1o12~I~T SENDER: l'~p(:~~~ ~11L~~ t SUB3ECT: ~S~ /_tl~~ COMMENTS: ~ Pr!lt~S/~' ~l~'f~ ~ l~^- U JUN 2 T 1994 ~ujHao sown pLANNiNG 80PRD ~ PLANNING BOARD MEMBERS { d C`3] 1 LF e. V~Y Richard G. Ward, Chairman ` C Town Hall, 53095 Main Road George Ritchie Latham, Jr. . P. O. Box 1179 Bennett Orlowski, Jr. - Southold, New York 11971 Mark S. McDonald ~ ,Y - fY. Fax (516) 765-3136 Kenneth L. Edwards _ Telephone (516) 765-1938 PLANNING BOARD OFF{CE TOWN OF SOUTHOLD June 10, 1x94 Abigail A. Wickham Wickham. Wickham & Bressler, P.C. .lain Road, P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision "West Mill Subdivision" M. Paul Friedberg SCTM# 1000-106-9-4.2 Dear Ms. Wickham: The Planning Board reviewed your letter of May 26, 1994, in regard to extending the time period for filing the above mentioned subdivision with the Suffolk County Clerk's Office. The Board will extend the time limit for filing the maps for an additional sixty days. The subdivision will be scheduled to be re-endorsed when the improved mylars and paper prints are received. Please contact me if you have any questions regarding the above. Sincerely, Mel~~ S iro Planner ~ ~ LAW OFFICES /J2 WICKHAM, WICKHAM 8~ BRESSLE R, P.c. (1~ MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESS LER ABIGAIL A. WICKHAM 516-298-5300 516-298-B 353 TELEFAx NO. 516-298-2012 LV NNE M.GORDON TELE FAX NO. 516-298-8565 JOSEPH C. SAVING HU BERT F. SULLIVAN JANET GEASA JEFFREY STARR May 26, 1994 Chairman Richard G. Ward PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Melissa Re: Proposed Major Subdivision "West Mill Subdivision" M. Paul Friedberg SCTM#: 1000-106-9-4.2 Dear Mr. Ward: I am writing to you regarding our deadline of June 17, 1994, for filing the West Mill Road maps with the Suffolk County Clerk's Office. Since we received the maps signed by you, as Chairman, several weeks ago, we have attempted, on three separate occasions, to file the maps in the Suffolk County Clerk's Office. in each instance, the Micrographics Department of the County Clerk's Office advised that the mylars were too dark and had to be re-done for legibility purposes prior to filing. In each instance, we returned the maps to Van Tuyl's office, who re-did the mylars, and then re-submitted them to the County Clerk. Our most recent submission, today, was again met with the response that the gray mylar paper will not properly reproduce on the County equipment. All transmittals were hand-carried to and from Greenport and Riverhead to save time. We are again requesting the surveyor to re-do the mylars to a suitable form. Those mylars will then have to be re-stamped by the Health Department and signed by you, as Chairman. In light of the lapse of time within the limited sixty day period, which is rapidly coming to a close despite our diligent efforts to file the maps, we ask that the sixty day period be extended for an additional sixty days. p ~ l~ ~ ~ w~~ _ ~ MNi L 7 sou rhoio`3°p~n+;a PLP.NNC<dG RUAR!3 ..~9~. • Chairman, Richard G. Ward Page Two We recognize that this is an unusual request but our inability to comply with the silFty day period has been the product of a technological difficulty and not the result of lack of due diligence. Your consideration is greatly appreciated. Very cul~our~ 1~~~ igail A. Wickham AAW:mh 76-wmillsub ~ (v SUBMISSION WITHOUT COVER LETTER DATE: yj~~~~~f SENDER: V~~ ~ u`~~ I SUBJECT: WzsF !~r(II G.k • F Y1~~6~~ SCTM$: ~~(P-~'~ COMMENTS: rcc~d Pro I~ r d 1'Qina ~ la„~s a ~ ~ APR 15 i~9G SOUTHDLD TDYJN PLANNING BOARD + ~ as ~ t" ~ PIANNINGBOARDMEMBERS ,i,.,~ `i~~15 a Richard G. Ward, Chairman ~ ~ ' ,Y Town Hall, 53095 Main Road George Rltchfe Latham, Jr. ~ ~ , ~ e`7 P- Q. Box 1179 Bennett Orlowski, Jr. ~ ~..,,,y, ~r Southold, New York 11971 Mark S. McDonald - , Fax (516) 765-3136 Kenneth L. Edwards V'T~ ~ Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Judith T. Terry, Town Clerk FROM: Melissa Spiro, Planner RE: Irrevocable Offer of Dedication for West Mill Subdivision W/S West Mill Road, Mattituck SCTM# 1000-106-9-4.2 DATE: April 13, 1994 The Planning Board required as a condition of subdivision approval that the subdivider offer the Town an irrevocable Offer of Dedication for a fifty (50) foot wide right-of-way shown on the above mentioned subdivision map. The applicant has recorded the Offer of Dedication with the Suffolk County Clerk's Office. I have enclosed a copy of the recorded document to be filed with the Town's records until such time that the Town wishes to accept the irrevocable Offer of Dedication. enc. ~7 •l ~ ~ i ~ w 4 ` ~ ' ~ a~ ~ ~,,6~'+5~~0 E. .f.iO.d~ ~ J cry ` W .t., ',D car i s'1 ~ iwd-s` . !•_~1 ~ nO.iEtS.i:F Z Q»~ ~ 1 4 ~ u . ~ ' i o t l_._--~~ 4 4'7 _ 1 .t ~ t ~ ~a'wcoE 'it~ca -Wl+Y'~ CaMSnont_ F+GC6kS'4 ~ ~ ~ ' a ,y,~ 1--; (FVSt ~4?`rWx6 'D~OiCAtewJ T~.• T'CSAtaT s i ~ w .5.53 t~: E - 38c#.3t~ ~ i h~. . . ~ (Z ~ ,ls F~ i ~ ~ _ . r, , ~ztxr Ey,}`~'La G~j r M O ~ . ` 7~. t5; T i ~ t~ t0 ~ 7 ~•a. f I ~ ;1 ' . / r ~ ~ ~ ~ i i ' ~ - i 'r - 1 _ i , r - '1 f i yp' .1' A6_,CIGUL_'tp~At- fLSS KRY~~'1_~._- Lr}, 1~~ - s,~.~-ar~;..~c.. 4 ~ ,a ~ • _ in O . ~ c7 _ of ..n sn - - _ r, N - - _ S„b~ . i ~ ~ LAW OFFICES WICKHAM, WIC KHAM &BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM MORTGAGE Of FILE NEW YORK 11952 ERIC J. BRESSLER 516-298-5300 ABIGAIL A. WICKHAM TELEFAX NO. 516-298-2012 516-298-8353 LYNNE M. GORDON TELEFAX NO. 516-298-8565 JOSEPH C. SAVINO HUOERT E SULLIVAN JANET GEASA JEFFREY STARR April 11, 1994 Chairman Richard G. Ward PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Melissa ~ m Re: Proposed Major Subdivision W "West Mill Subdivision" I~ M. Paul Friedberg SCTM#: 1000-106-9-4.2 SBOIV Dear Mr. Ward: Enclosed are the following for your review: 1. Two mylar maps and 5 paper prints of the final maps, containing current Health Department stamp and notations as to Declaration and Offer of Dedication, with recording data. 2. Certified Copy of recorded Declaration. Thia Declaration contains the changes you required with respect to (a) Lot 8j to be conveyed subject to Offer of Dedication (Para. 7), (b) clarifying definition of Road Area (Para. 8), and (c) no building permit to be issued until Road conveyed to HOA. 3. Copy of filing receipt and certified copy of Certificate of Incorporation for the Homeowner's Association, showing the certificate has been filed with the Secretary of State in Albany and the corporation formed. 4. Copy of Resolution oP Town Board approving cash deposit of $96,070.00 as Performance Bond. 5. Certified copy of recorded Offer of Dedication as to 50 right of way within Lot 8. I believe this completes all items required by your conditional final approval. If the enclosed items meet with your Planning Board Office - 2 - April 11, 1994 approval, please have the Chairman endorse the maps and call our office so we may have them filed in the Suffolk County Clerk's Office and record the deed to the Road Area into the Homeowner's Association. Thank you for your prompt consideration. Very t ly yours, I ~ / Abigail A. Wickham AAW/jas Enclosures 76-ltfried S. DEF'ARTI'iE"i~1T C.)F ST'Ri7Gi:• i if><2 WA'iFla:~`•!(:;T'Or! AVIi'N ]IVISION OP' CORI='ORATIONS ANA STAT'F: Rrf.;oRl)f:, FaI...F:iANY, NY 1;;?;:?:xi FIr..:crJr, RF:r;EI:E>T CORF'CIRAT:r.ON NAME-: bJES'I' M:rl...l... FIC)Mf:~OWNEi:Ri`i A4iiSOCIA'T':rON, :I:NC. I)f]C:UML--.NT 'T'YP'E: I)OMI=S'r:r.C: (NfJ'r-I-(]F'.__F'Eti:iF I:T i Ca)E?F'(:)RAI'7:1.:) r'YF'f:: r`~ C:C)l.lilrY: ':iUE I_ SERVICE CC.)MF'ANY CC]L.I3Y ATTURNI:::YS SF:E?V:r.Ci.=: Ci:iMF'AN'Y F:CL_E:D: J3/n?/49S'4 DURA'T:f.Qid: E'f.-::RI'FTLI(al_ C:ASI°I 9•T!);3O?!)!)f7f.;ii I :f.l_M ';4~3C,<i!)(3!'15 ADDRESS FOR PEtOCESS . l''.. ~J . M, F'AtJI_ FRIEDBI=RT R< F'ARTNE:RS, AT:? .~J:iE? I... ~1F?°E~Dr;F:RC; 4i 7 i TH STFtFL.T Q NEW YORK, NY it)~03 a ~ 1.'~ } f fr s RF:.f".]:STFRE[) AGENT ~ ~ t . ~ ,,y'y ~ k I a ~ - T' . 3 E ~ y ,r ty t i'H ~ a aa yy, 4th c ° o" bx9k 06+F Rk FILER r"F:r.S i i 4).!)!) F'A'YME:PdTS i f 47..r 1<NRISTT.NE F', PI:~A000I<. I'IL..:EN(.; 75 ..!)[:i C;ASFI ct,! lCC7t_HY ATTORNEYS SERVICE CO. , 7:NC. TAX t),C)k) CFIr:::(:;K i0T WASHINGTON AVENUE CG.FCi n.•!)!) I3:r.l_.L.F.::D: f iG.! ALY..ANY, NY i22i(~) COI'-'f.E:S fO.F1F1 sa ~6[~Od~ APR 121-=' SOUTHOLD TOWN I PLANNING BOARD i ! o ~~FFOIk~~Gy JUDITH T. TERRY ti Town Hall, 53095 Main Road ~ = P.O. Box t 179 TOWN CLERK ~ ~ Southold, New York 11971 REGISTRAR Of VITAL STAI7STICS BYO ~ Fax (516) 765-1823 MARRIAGE OFFICER .j,~1 ~ ~~0 Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER -'W FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 24, 7994: RESOLVED that the Town Board of the Town of Southold hereby accepts the $96,070.00 certified check from The Freidberg Partnership as a bond for roads and improvements in the major subdivision of "West Mill", Mill Road, Mattituck, which amount was approved by the Town Board on April 20, 1993; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to place the check in an interest bearing savings account. Judith T. Terry Southold Town Clerk February 25, 1994 n~ ~li APR 12'``'x`- soutNOtD ~owN pLANNINO BOARD ~tttte of dew ~IIr~ ss: ~e~ttrhnent of ttte I hereby certify that I have compared the annexed copy with the original document fried by the Department of Stale and that the same is a correct transcript ojsaid original. Witness my hand and seal oJthe Department ofSta[e on ~ T' ~ ~ ~ 1 Secretary ojState t ros~2oo a zravl ruirc ne-i77a in~nn rrcun wi~nrw•n wiucnw~wnneaa~erc iu ~iawve~rv r. az ' • `y i 1 f 7 . 1 ~ ay ~.q t ~ ~ " CERTIFiCAT1S Oli' INCORPORATION OF 1 . WEST MILT, HOMEOWNERS ASSOCIATION, INC. under Section 402 oP the Not-For-Prof ft Corporation Law The undersigned, being a natural person and at least eighteen year of age, desiring to farm a not-for-profit corporation pursuant to the provisions of the Not-Far-Profit Corporation Law of the State of New York, does hereby certify and set lorth as follows: (1) The name of the corporation ist~ WEST MI7,L HOMEOWNERS ASSOCIATION, INC. • (2) The corporation is a corporation as defined in subparagraph (a) (5) of Section 102; the corporation is a M Type A corporation. (3) The pvxpose ox purposes for which this corporation nre organized are as follows, to wit: To promote the health, safety and welfare of the residents of West Bill Subdivision and to own, acquire, operate and maintain road areas, commons, streets, footways, structures and personal properties incident thereto. To enforce any and all covenants, restrictions and agreements applicable to the residents of west Mill Homeowners Subdivision. To pay taxers, if any on the road areas, common properties and facilities oP such subdivision. To do any other act or thing incidental to or connected with the foxegoirig purposes or in advancement thereof, but not-for the pecuniary profit or financial gain of its members, directors or officers. Nothing contained in this certificate shall authorize or empower the corporation to perform or engage in any act or practice prohibited by General Business Y,aw, Section 340 or any other antimonopoly statute oP the States of New York. ---~n~;~ APR 12'~ SOUTNOLD TOYJN PLANNING BOARD MAR-02-1994 10.00 FROM-~CKHfaM,WICKHRMBHRESSLER TO _ ~51843425v4 r.na (4) Tf the Corporation fails to maintain any common area owned by it in reasonable order and condition in accordance with its by-laws and applicable recorded covenants and .restrictions, the Southold Town Hoard may notify such corporation in writing by cgrtifigd mail at its address shown on the last completed town assessment roll, or in the same manner upon the owners of the lots in the West Mili Subdivision at their address as shown upon the last completed assessment roll, which notice shall set forth such . matters as are required by Section 100-181 M of the Sauthold Town Code. (5) The office o1 the Corporation in the State of New York is to be located in the County of Suffolk. (6) The initial directors oP the corporation until the first annual meeting are as follows: M. Paul Friedberg, Mark Friedberg, and Alan J. Friedberg, all residing at 41 E. 11th Street, New York, N.Y. 10003. The duration of the corparatian is perpetual. (8) The secretary of State is designated as agent of the corporation upon whom process against it may bq served. The post officq address to which the Secretary of State shall mail a copy of any process against thq corporation served upon him is: M. Paul Friedberg & Partners 41 E. 11th Strgat New York, Nqw York 10003 Attention: Mr. M. Paul Friedberg 1 IN WITNESS WHEREOF, this certificate has been signed ~ this 9th day of February 1994, by the undersigned who FEH-17-1994 12 38 FROM ~CKHRM.WICKHRM8HRE95LER TO .5184342574 P. 04 r~ I affirms that the statement made herein are true under the ',I penalties of perjury. ' _ M. P ul r eflberg 41 Ea h Street ' Yor ew York 10003 t,, Sne\76\wstnillyd 3 TOTRL P.04 . CERTIFICATE OF INCORPORATION F~`~30~ ®~~~9 OF WEST MILL HOMEOWNERS ASSOCIATION, INC. S~A~fi PiLeN 1~G !t v~ ' F1lED MAR 0 21994. t , . , Sl;~l'1 ~ , 7.. . T Y y ~ L`YI ~ Filed By: Khristine E. Peacock C/o Colby Attorneys Service Co., Inc. 107 Washington Avenue Albany, Ny 12210 - - _ 1 BOXES'S TIIRU 9 MUST IIE TYPED NTED IN IILACK INK ONLY I' TO RECORDING OR FILING. I ~ ~rOLK CO NTY CLERK 2 3 71375 L/P# trt r~ -v O_ ~ Number of pages ~ ~ t.~ ~ ' i'~- '1'ORRF,NS - ~ Serial # ` ' ~ o ~ F~F a-_ - 4- Ccrli(icatc # •i f# llecd /Mortgage Instnuucnt DCCII / MnrlgflgC TAx $lalnh Recording /Filing Slangls 4 rEES W Page /Filing Fce Mortgage Amt ~ handling 1. Basic Tax TP-584 2. SONYMA _ Notation Sub Total _ EA-5217 (County) Sub Total l 3. Spec./Add. _ EA-5217 (Stale) TOT. MTG. TAX R.P.T.S.A. / ~`q~~~~~~`S llual Town _llunl County _ Ilcld fur Appurtimm~cnt _ Comm. of Ed. 5 _OU_ ~ : r Transfer Ta: - ~~S ,a~~ Affidavit Mansion Tax CciKified Copy The propc~yy covered by this murtgngc is or will be improved by a one ur Nvu Rcg. Copy _ Sub TolAl ~ ~ family dwelling only. YES _ or NO _ Olhcr GRAND T AL I_._ if NO, sce appropriate tax clause on page # of this insirument. 5~;~ ~;ri.~~: f Real Properly Tax Service Agency Verification ` ~ Title Company hdnrmalion Dist Section Bloclc Lot f.tl.~7y i A/~ ~ ~ .U/ ~ ~ ~ a)t .COQ _1l) V V _ C Inc ~,G a Company Namc C~-~y Title Number FEE PAID BY: ,f 7 CASK Chcclc ~ Charge ~{I (~tl/r~rK_ INS (,Dtl~e~l~( ~ j~'jYe.~s~~ 'n R ' z. Payer same a9 R & R__ 1' II U~ I (~On~ ~~tn~l ~ ~e~-~~ 'MAGI I I~IO~ 5 RECORD & RETUIUV To 9 Suffolk County Recording & Endorsement Page This page forms part of the attached b~ ~C.~ C '~y~ matte by: (Deed, Mortgage, etc.) ~1 . ~1~,C(.~.~iU-y The premises herein is situated in SUFFOLI{ COUNTY, NEW YO TO In the TOWN of C Iti; t ~ 9 In the VILLAGE ~ ~n S or IIAMLE'I' of ~ SOOiNUtI"~'"TI~^~" _ ij PLANNING BOARD . 'tr.- OFFER OF DEDICATION THIS OFFER OF DEDICATION, dated February 4th, 1994, made by M. Paul Friedberg, having his principal place of business located at 41 E. 11th Street, New York, New York 10003, owner of the property shown on the Subdivision Map of West Mill Subdivision, Mattituck, New York, prepared on April 12, 1993 by Roderick Van Tuyl P.C., which map is to be filed in the Suffolk County Clerk's Office, covering premises situate Mattituck, Town of Southold, Suffolk County, New York. M. Paul Friedberg irrevocably offers to convey and cede fee title to the Town of Southold of the land areas designated on said subdivision map as "50' Wide Right of Way" adjoining Lots 7, 8 and 9 on said lot, and more fully described on Schedule A annexed hereto, for the purpose of future road dedication to the Town of Southold, to the extent that the same is shown on said subdivision map, and for the foregoing purposes. This Offer of Dedication is intended for present or future acceptance and is irrevocable. The undersigned represents that he is the sole owner of the property shown on said subdivision map, and covenants and agrees to reserve to himself the right to convey to the Town of Southold for such purposes all of such land areas or easement or interest i i i ~ a ~ ~ therein in all conveyances of lots or parcels on said subdivision map.. M. uT' Fri flberg SAE OF NEW YORK) )SS.. COUNTY OF NEW YORK) On this ~ day of ~~yw~-+"7 , 1994 before me personally ca a M. Paul Friedberg to me known to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. i No ry Public ELIZABETH A. SALLEY Commissioner of Deeds Cily of New York-No. 3-5981 Cerlificale Filad in Brongx Commission Expires...l/:_~.:.J.~......... ine\76\friededi 2 1 1, r _ " ~ ~ 116'715 ~ Schedule A to Offer of'Dedication All that certain parcel of land at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a monument on the west side o£ Mill Road, distant 1,272.15 feet southerly from Naugles Drive, at the southeasterly corner of Lot 9 as shown on Map of West Mill ' Subdivision ("t:he Map") and from said point of beginning: Running along the westerly side of Mill Road South 26 degrees 45' 00" West 100.00 feet to a monument at the northeasterly corner of Lot 7 on the Map; Running thence along the northerly side of Lot 7 the following two (2) oourses and distances: (1) Along the arc of a curve bearing to the left, having a radius of 25.0 feet, a distance of 39.27 feet; thence (2) North 63 degrees 15' West 389.31 feet to land now or formerly of Cooper; Running thence along said land North 26 degrees 24' 00" East 50 feet; Running thence through Lot 8 and along the southerly side of Lot 9 on the Map, South 63 degrees 15' East 384.62 feet; Running thence along the arc of a curve bearing to the left, having a radius of 25.0 feet, a distance of 39.27 feet to a monument and the point or place of beginning. Being and intended to be the premises shown on the Map as "50' Wide Rt. of Way". 76-westmsch . ~ I r ~ ~ ,~,,~,t.~. ~y~fFO~K~~ FI JUDITH T. TERRY ~ OyL Town Hall, 53095 Main Road TOWN CLERK p r= P.O. Box 1179 Southold, New York 11971 REGI51'RAR OF VITAL STAI7STICS ~ ~ Fax (516) 765-1823 MARRIAGE OFFICER ~ ~1~~ Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 7H15 IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 24, 1994: RESOLVED that the Town Board of the Town of Southold hereby accepts the $96,070.00 certified check from The Freidberg Partnership as a bond for roads and improvements in the major subdivision of "West Mill", Mill Road, Mattituck, which amount was approved by the Town Board on April 20, 1993; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to place the check in an interest bearing savings account. Judith T. erry Southold Town Clerk February 25, 1994 o FEB 2 8 1994 soulNaD towN PtIINNING B0a<RD - ~ a - LAW OFFICES WICKHAM, WIC KHAM & BRESSLE R, P.C. MAIN ROAD, P.O. BOX 1424 MATTIT UC K, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM 516-296-5300 516-298-8353 TELEFAX No. 516-298-2012 LYNNE M. GORDON TELEFAX NO. 516-298-8565 JOSEPH C. SAVING H UBERT F. SU LLIVAN JANET GEASA J EFFREY STARR February 1$, 1994 Town of Southold Main Road Southold, New York 11971 Attn: Judith Terry, Town Clerk Re: West Mill Subdivision M. P. Freidberg Dear Judith: Enclosed is certified check to the order of Town of Southold in the amount of $96,070.00, representing the bond required for this subdivision. We would appreciate the Town Board's consideration of the bond approval at the February 24, 1994 meeting. Very~ruly yours, Abigail A. Wickham AAW/dee 30-stb cc: Southold Town Planning Board ~lo~~~o D FEB 18 199G rowN NNING BOARD i • s~~~~ Lnw OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE NEW YORK 11952 ERIC J. BRESSLER _ 516-298-5300 ABIG AIL A. wIC KHAM 516-298-8353 TELE FAX NO. 516-298-2012 LYNNE M.GORDON TELE FAX NO. 516-298-8565 JOSEPH O. SAVINO HUBERT F SU LLIVAN JANETGEASA February 14, 1994 JEFFREY STARR Chairman Richard G. Ward PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Melissa Re: Proposed Major Subdivision "West Mill Subdivision" M. Paul Friedberg SCTM#: 1000-106-9-4.2 Dear Mr. Ward: Enclosed are the following for your review: 1. Revised Offer of Dedication which addresses the 50 foot right of way. 2. Revised Declaration. This Declaration contains the large lot restrictions previously approved, with the addition of the covenants pertaining to the Homeowner's Association. The revisions to the Declaration form previously approved have been indicated, by underlining, for your convenience. I have provided for a sixty day period after the filing of the map for transfer of the road to the Homeowners' Association. I trust this will be satisfactory, as the Town has the authority to enforce the covenants in the event it is not done. My primary difficulty in delivering a deed prior to map filing is that Mr. Friedberg expects to be out of the country between now and our anticipated meeting date, and signature and notarization of a dead will be difficult. Mr. Friedberg expects to post cash in lieu of a performance bond. Judith Terry advises that the Town Board will be having a meeting on February 24, 1994, by which time I expect to have delivered a certified check so the Board may issue its resolution approving same. ;Ga!] U Page -2- February 14, 1994 Re: West Mills Subdivision Upon your advice as to the approval of the Offer and Covenants, I will have the Covenants recorded and noted on the map. I am also having the homeowners' association's certificate of incorporation filed and proof thereof will be delivered to you. Very ruly yours, ~GZ~~c~ Abigail A. Wickham AAW/tbt Enclosures 76-ltfried FEB i 6 s~... OFFER OF DEDICATION THIS OFFER OF DEDICATION, dated , 1994, made by M. Paul Friedberg, having his principal place of business located at 41 E. 11th Street, New York, New York 10003, owner of the property shown on the Subdivision Map of West Mill Subdivision, Mattituck, New York, prepared on April 12, 1993 by Roderick Van Tuyl P.C., filed in the Suffolk County Clerk's Office on , 1994 as Map No. , covering premises situate Mattituck, Town of Southold, Suffolk County, New York. M. Paul Friedberg irrevocably offers to convey and cede fee title to the Town of Southold of the land areas designated on said subdivision map as "50' Wide Right of Way" adjoining Lots 7, 8 and 9 on said lot, and more fully described on Schedule A annexed hereto, for the purpose of future road dedication to the Town of Southold, to the extent that the same is shown on said subdivision map, and for the foregoing purposes. This Offer of Dedication is intended for present or future acceptance and is irrevocable. The undersigned represents that he is the sole owner of the property shown on said subdivision map, and covenants and agrees to reserve to himself the right to convey to the Town of Southold for such purposes all of such land areas or easement or interest Sne recorcl~ therein in all conveyances of lots or parcels on said subdivision map. - M. u er SAE OF NEW YORK) )SS.: COUNTY OF NEW YORK) l On this day of ~~r~.{J.A'~7 , 1994 before me personally ca a M. Paul Friedberg to me known to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. i No ry Public ELIZABETH A. SALLEY Commissioner of Deeds Cry of New York-No. 3-5981 Cerlilicafe Filed in Bronx Commission Er pires...If:_(.~~........ ina\76\f riededi 2 i • Schedule A to Offer of Dedication All that certain parcel of land at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a monument on the west side of Mill Road, distant 1,272.15 feet southerly from Naugles Drive, at the southeasterly corner of Lot 9 as shown on Map of West Mill Subdivision ("the Map") and from said point of beginning: Running along the westerly side of Mill Road South 26 degrees 45' 00" West 100.00 feet to a monument at the northeasterly corner of Lot 7 on the Map; Running thence along the northerly side of Lot 7 the following two (2) courses and distances: (1) Along the arc of a curve bearing to the left, having a radius of 25.0 feet, a distance of 39.27 feet; thence (2) North 63 degrees 15' West 334.31 feet to land now or formerly~of Cooper; Running thence along said land North 26 degrees 24' 00" East 50 feet; Running thence through Lot 8 and along the southerly side of Lot 9 on the Map, South 63 degrees 15' East 334.31 feet; Running thence along the arc of a curve bearing to the left, having a radius of 25.0 feet, a distance of 39.27 feet to a monument and the point or place of beginning. Being and intended to be the premises shown on the Map as "50' wide Rt. of Way". 76-westmsch FEB ! . DECLARATION DECLARATION, made the day of , 1994, by M. PAUL FRIEDBERG residing at 116 88th Street, New York, New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide the said real property into nine (9) parcels in a subdivision known as WEST MILL SUBDIVISION, and (underline added) WHEREAS, for and in consideration of the granting of subdivision 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 parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, Uoi~ .See ro,orcl~~ ~1. ec~,ra~'~e~ r admit, publish, covenant and agree that the said premises herein described 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. That there shall be no further subdivision of any lot in perpetuity. 2. That the area on the subdivision map designated "Scenic Buffer" is designated as such to provide a buffer area between the proposed subdivision and the existing road and shall remain in its natural state and maintenance of the natural vegetation thereon shall be the only use or activity allowed. 3. That except as may be permitted in accordance with these covenants and restrictions the use and development of the portion of Lot 7 designated "Agricultural Reserve Easement Area" outside the area enclosed by the Building Envelope shall forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) Open fallow; c) Operations, encompassing the maintenance of livestock and livestock products (including cattle, sheep, goats, horses and poultry) (repetitive language deleted)* which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board; d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 4. That the following shall be adhered to on that portion of lot 7 outside the Building Envelope which is designated the Agricultural Reserve Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to * deletion: subject to approval by the Planning Board prevent the degradation of loss of the aesthetic open space and agricultural value of said premises: a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval, (farming) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with. all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be place thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other right of ways for non-farming vehicular use shall be constructed of granted thereon. f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed destroyed, cut or removed therefrom. g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. i) All structures, whether temporary or permanent, sha1:1 be located within the building envelope as designated on the final subdivision plat for Lot #7. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Agricultural Reserve Easement Area. Fences are permitted subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval. 5. That the Declarant reserve the right to the exclusive use and possession of the area known as the Agricultural Reserve Easement Areas, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use or entry upon the said Agricultural Reserve Easement, except that the Town shall have the continuing right to inspect the said area outside the area included within the Building Envelope to the extent reasonably required to monitor compliance with the covenants, terms and provisions and ensure same have not been violated, such inspection to be at reasonable times. 6. Access to Lots 1,6,7 and 9 shall be by way of Selah Lane or the designated right-of-way and not directly onto Cox Neck Road. 7. Lots 7 and 9 shall have a common driveway upon the fifty foot right-of-way which is presently a part of Lot 8 and shall have access over said fifty foot right-of-way together with others upon acceptance by the Town of the fifty foot right-of-way for road purposes. Paragraphs 8 to 14 added• 8. Road Area - There has been set aside, as indicated on the subdivision map, a Road Area for the use of the owners of lots, their guests, invitees or lessees. 9. Homeowners' Association - Declarant has incorporated a Home Owners Association known as the West Mill Road Homeowners' Association, Inc. ("Association") according to the laws of the State of New York, for the purposes of owning, maintaining, and, if it so elects, offering for dedication to the Town, the Road Area. The Declarant, his successors and/or assigns, will assign all of his rights, duties, and obligations hereunder to said Association and convey to the Assocation the fee title to the Road Area within sixty (60) days of the filing of the subdivision map. 10. After conveyance of the Road to the Association, as hereinbefore provided, all responsibility for operation and maintenance of the Road shall lie with the Association, and shall be subject to the by-laws and rules and regulations thereof. 11. The By-laws for the Association and any amendments thereto shall be approved by the Town Board of the Town of Southold. The by-laws of the Homeowners Association shall, in addition to other matters, provide for the following: (a) Each Lot Owner in good standing shall be entitled to one (1) vote at any meeting of the Association. Every Lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is held jointly, in common, or tenancy by the entirety. (b) The Association shall be perpetual; it shall purchase insurance, pay taxes, specify an annual homeowners' assessment to be paid by each Lot Owner. Each and every Lot Owner shall be subject to a proportionate share of the expenses of the Association, as well as any and all expenses • incurred by the Association for the improvement, maintenance and use of the Road Area and the operation of the Association which shall be charged to each lot owner in the form of an annual assessment as determined by the Board of Directors. (c) The Association shall have the right to suspend the voting rights of a Lot Owner for his failure to pay when due the assessment and any and all charges due the Association; and that any unpaid amount of the assessment shall become a :Lien on the property of such Lot Owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. (d) The Association shall have the right to borrow such sums of money as it deems necessary for the maintenance and improvement of the Road on such terms as it deems advisable. (e) The Association may not use funds from dues or assessments attributable to lots owned in whole or in part by Declarant for purposes of instituting or prosecuting litigation against the Declarant. 12. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 13. Enforcement shall be by proceedings at law or in equity brought by Declarant, his successors and/or assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. In addition, the Town of Southold may bring a proceeding to enforce these covenants and restrictions. 14. Failure by Declarant his successors and/or assigns, or of any owner or the Town of Southold to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. End of addition. 15. That these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 16. That i.n addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, their heirs, executors, legal representatives, distributees, successors, and assigns, to enforce the conditions and restrictions of these covenants. 17. That the within Declaration cannot be annulled, waived, changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. IN ~PITNESS WFIEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. M. PAUL FRIEDBERG STATE OF NEW YORK) COUNTY OF SUFFOLK: On the day of 1994, before me personally came M. Paul Friedberg to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed same. NOTARY PUBLIC 55friedc&r SCHEDULE A All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly line of Cox Neck Road (Dull Road) where the rnrtherly line of land naw or formerly of A. M. Bergen intersects the westerly line of Cox Neck Road (Mill Road); RUNNING THENCE fran said point of beginning along land now or formerly of A.M. Bergen North 72 degrees 44 minutes West 656.98 feet to a point; - RUNNING THENCE along land now ar formerly of Greek Church North 18 degrees 39 minutes East 370.15 feet to a point; RUNNING THENCE along land Hera or formerly of D. W. Cooper the following five (5) courses and distances: 1. South 71 degrees 57 minutes East 197,58 feet; 2. North 20 degrees 36 minutes East 622.13 feet; 3. North 22 degrees 31 minutes East 718.86 feet; 4. North 26 degrees 24 minutes East 328.74 feet; 5. North 26 degrees 55 minutes East 39.16 feet to a point; RUNNING 'Pf)FNC~ along land ~ or formerly of Hallock South 63 degrees 15 minutes 00 seconds East 410.46 feet to a point on the westerly line of Cox Neck Road (Mill Road); RUNNING THENCE along the westerly line of Cox Neck Road (Dull Road) the following twv (2) wurses and distances: 1. South 26 degrees 45 minutes West 404.66 feet; 2. South 19 degrees 00 minutes West 1601.40 feet to the point or place of BEGINNING. zsoe SJn;. ~ ~ ~ " uw oFFlces WICKHAM, WIC KHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTIT UC K, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESSLER 516-298-5300 ABIGAIL A. WICKHAM TELEFA%NO. 516-298-2012 516-29B-B 353 LrNNE M.GOROON TELE FAX NO. 516-298-8565 JOSEPH G SAVING H UBE RT F. SULLIVAN JANET GEASA JEFFREY sTARR February 9, 1994 Chairman Richard G. Ward PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53.095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Melissa Re: Proposed Major Subdivision ~~West Mill Subdivision~~ M. Paul Friedberg SCTM#: 1000-106-9-4.2 Dear Melissa: Enclosed for your review please find proposed Offer of Dedication, which was omitted from our previous correspondence. We apologize for the inconvenience. Please advise if any changes are required. Very ruly yours, , . ~ , ,lf f C( rfil.~ ~.2 < bigail A. Wickham is Enclosure ina/79/friedltr FEB 101994 • • OFFER OF DEDICATION FEB 101994 THIS OFFER OF DEDICATION, dated , 1994, made by M. Paul Friedberg, having his principal place of business located :at 41 E. 11th Street, New York, New York 10003, owner of the property shown on the Subdivision Map of West Mill Subdivision, Mattituck, New York, prepared on April 12, 1993 by Roderick Van Tuyl P.C., filed in the Suffolk County Clerk's Office on , 1994 as Map No. , covering premises situate Mattituck, Town of Southold, Suffolk County, New York. M. Paul Friedberg irrevocably offers to convey and cede title to the Town of Southold of the land areas designated on said subdivision map for the road(s) shown thereon, and of any other lands or easements or interests therein noted on said subdivision map for dedication to the Town o` Southold, to the extent that the same are shown on sai~ subdivision map, and for the foregoing purposes. This Offer of Dedication' is intended for present or future acceptance and is irrevocable. The undersigned represents that he is the sole owner of the property shown on said subdivision map, and covenants and agrees to reserve to himself the right to convey to the Town of Southold for such purposes all of such land areas or easement or interest `t --see 1 fecocc~ec~ 1 VD(D ~.LC\ara~'ia~A therein in all conveyances of lots or parcels on said subdivision map. u er ~$E OF NEW YORK) )SS.. COUNTY OF NEW YORK) On this ~ day of ~~pyL(JC„1"~ , 1994 before me personally ca a M. Paul Friedberg to me known to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. No ry Public ELIZABETH A. SALLEY Commissioner of Deeds Cy of New York-No. 3-5981 Certificate Filed in Bronx~( Commission ExpFrez...~.lc..~~j._......_ ina\76\friededi 2 O~~SUFFOIk~OG - y<~ o r PLANNING BOARD MEMBERS ~ ~ m SCOTT L. HARRIS ~ tS` SuperNsar Richard G. Ward. Chafrmar~ y~o ~ a0~ Town Hall. 53095 Mafn Road George Ritchie Latham. Jr. Bennett Orlowski, Jr. P. O. Boz 1179 Mark S. Mcl?onald Southold, New York 11971 Kcrmeth L. Edwards PLANNING BOARD OFFICE Fax (516) 765 - 1823 Telephone (516) 765-1938 TOWN OF SOUTEIOLD TO: Laury Down, Town Attorney FROM: Melissa Spiro, Planner RE: Declaration of Covenants and Restrictions and Homeowners Association for Proposed Major Subdivision West Mill Subdivision (a.k.a. M. Paul Friedberg) SCTM# 1000-106-9-4.2 DATE: February 3, 1994 Attached please find a copy of the following for your review: -Draft Declaration of Covenants and Restrictions proposed by the owner of the proposed subdivision. -Draft Declaration of Covenants and Restrictions required by the Planning Board. (This Declaration was reviewed and approved by the Town Attorney last year.) -Proposed Certificate of Incorporation for the Homeowners Association. -Proposed By-Laws for the Homeowners Association. Background: This subdivision has been designed as a cluster subdivision. The "open space" has been incorporated into a "large lot" with an Agricultural Reserve Easement Area on the majority of the lot. I've enclosed a copy of the map for your assistance. The Planning Board granted conditional final approval on May 3, 1993. The approval has been extended by the Board and is due to expire on May 3, 1994. I have enclosed a copy of the conditional final approval for your assistance. The Planning Board required certain covenants and restrictions for this subdivision. A draft Declaration containing all of the Planning Board's requests was submitted to the Board last year. This Declaration was accepted by both the Town Attorney and the Planning Board. w • • West Mill Subdivision Page 2 February 3, 1994 The applicant has recently submitted the documents which I have attached for your review. I have reviewed the document and have raised some questions as listed below: Declaration of owner's Covenants and Restrictions 1. The Planning Board generally does not review covenants and restrictions that pertain to the owner's restrictions since these restrictions usually pertain to items that are not enforceable by the Planning Board, or within the Board`s jurisdiction. However, in this case, No. 28 of the document states that the Town may enforce the covenants and restrictions. I am not sure that the Planning Board should accept such a document. 2. One of the Planning Board's conditions of approval was that the Homeowners Association be recorded prior to endorsement of the final subdivision. No. 22 of the document states that the Homeowners Association will be formed at such time that six lots are in separate ownership. Obviously, this will not be before the subdivision is endorsed. In addition, the Homeowners Association was a requirement of the Planning Board, this should not be contained in the applicant's covenants and restrictions. 3. No. 18 of the document states that the Declarant reserves the fee title to the bed of the roads. These areas are to be owned by the Homeowners Association. 4. If the Planning Board conveys to the applicant that the Board is not reviewing, and therefore not formally accepting this document, potential conflicts arise as some of the items do pertain to Planning Board requirements. Certificate of Incorporation and By-Laws for Homeowners Association 1. These do not state when they will be recorded. If I had not read the owner's covenants and restrictions, I would assume that these documents would be filed prior to the Board's endorsement of the subdivision. However, as mentioned above, the owner`s covenants and restrictions state that the Homeowners Association will be formed after the sale of 6 lots. Please feel free to discuss the above with me. enc. LAW OFFICES ~C' WICKHAM, WIC KHAM & BRESSLER, P.c. `J MAIN ROAD, P.O. BOX 1424 MATTIT UC K, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE E RIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM 516-298-5300 516-296-6353 TELEFA% NO. 516-298-2012 DANIEL C. RO55 TELEFA% NO. 516-298-8565 LYNNE M.GORDON JOSEPH G SAVING HUBERT F. SU LLIVAN ~t JANET GEASA January 27, 1994 Chairman Richard G. Ward PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Melissa Re: Proposed Major Subdivision ~~West Mill Subdivision~~ M. Paul Friedberg SCTM#: 1000-106-9-4.2 Dear Melissa: Enclosed for your review please find: 1. Three (3) paper prints of the final maps, all containing a valid stamp of Health Department approval; We are retaining the two mylars pending your advice; 2. Letters from each public utility company: New York Telephone, dated 1/4/1994 Long Island Lighting Co., dated 1/14/94. Please add the West Mill Road Subdivision to the Planning Board's Monday, January 31, 1994 hearing for presentation if you have sufficient information. Very truly yours, 1 Z~~ Abigail A. Wickham is Enclosures ine/79/friedltr JAN 2 8 ~ . Newl~OrkTelephone A NYNE'r: Company 501 Nonh Ocean Avenue Patchogue. New York 11772 January 4, 1994 Catherine A. Mesiano, Inc. P.O. Box 1981 Riverhead, New York 11901-0964 Dear Ms. Mesiano: Please be advised that NYNEX will provide service to your subdivision "West Mill" located in Mattituck, New York. This undertaking will begin once the new roads are established, water installed and lot line identified. Sincerely, Paul Bosselman. Engineering Department NYNEX 501 North Ocean Ave Patchogue, N.Y. 11772 L~L~'O LONG ISLAND LIGHTING COMPANY .m~s:azu~~.~r 600 DOCTORS PATH - RD 2 • RIV ERHEA D, NEW YORK 11901 Direct Dial Number: 548-7031 January 14, 1994 Ms. Catherine A. Mesiano Catherine Mesiano, Inc. P.O. Box 1981 Riverhead, NY 11901-0964 RE: LILCO Ref. #`56270-440 West Mill Subdivision Mattituck Dear Ms. Mesiano: We are in receipt of your map of "West Mill Subdivision" situated in the hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York. As you are probably aware, since 1971 the Public Service Commission rulings require that our Company, along with all other electric utility companies in the State of New York, will be required to serve future developments of five or more houses with underground electric service. We shall be pleased to provide underground electric service in accordance with our filed tariff and schedule in effect at the time service is required. We are enclosing a Request for Underground Electric Service form which must be completed by you and returned to this office. Upon receipt of this application form, we shall be pleased to prepare and forward to you plans and costs, if any, applicable to this installation. Please provide us with 4 additional surveyor's prints of the development. Please also be advised that it is the applicant's obligation to provide us with acceptable rights-of-way or easements which are required to reach your subdivision. Very truly yours, IC1it t~ /'1~ . ~~u~ Mary M. Genoy Design Engineer Electric Design & Construction Eastern Suffolk Division MMG/rh Attach. FC-8669.4-56 . • Su.~ PB -cA-ru~ LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. ~S MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE NEW YORK 11952 ERIC J. BRESSLER _ 516-298-5300 ABIGAIL A. WICKHAM TELEFAX NO. 516-298-2012 516-298-8353 LYN NE M. CORDON TELEFAX NO. SI6-298-8565 JOSEPH C. SAVINO HUBERT F. SULLIVAN JANET GEASA JEFEREV SrARR January 25, 1994 Chairman Richard G. Ward PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Melissa Re: Proposed Major Subdivision ~~Wast Mill 8ubdivision~~ M. Paul Friedberg SCTM~: 1000-106-9-4.2 Dear Melissa: Enclosed for your review please find: 1. Proposed Covenants & Restrictions. These pertain to the owner's restrictions and the Homeowners Association; the large lot Covenants & Restrictions were previously reviewed and approved; 2. Proposed Certificate of Incorporation for the Homeowners Association; 3. Proposed By-Laws for the Homeowners Association; 4. Check to the order of the Town of Southold in the amount of $18,000.00; ~n 5. Check to the order of the Town of Southold in the d~v~. amount of $5,764.00 for the inspection fee. We are making arrangements to complete the remaining items. Ver my yours, ~ ,Abigail A. Wickham • AAW:ic Enclosures ina/79/f riedltr JAN 2 7 ~ • • . JAN 2 ~,,:;~P DECLARATION OF COVENANTS AND RESTRICTIONS BY M. PAUL FRIEDBERG Declaration made this day of 1994, by M. Paul Friedberg residing at 36 West 62nd Street, New York hereinafter referred to as the Declarant. WHEREAS, the Declarant, is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, described herein on Schedule A and known and designated on a certain map entitled, West Mill Road Subdivision, Town of Southold, County of Suffolk, and State of New York, filed in the office of the Clerk of Suffolk County as Map Number on the day of 1994, and hereinafter referred to as the "premises". WHEREAS, the Declarant intends that the premises containing nine lots and Road Areas shall be developed as a planned community of one-family dwellings, and in order to provide for beneficial and harmonious development, the Declarant desires to impose certain restrictions and covenants on the premises which shall be binding on all the .purchasers and mortgagees of individual plots, their heirs, executors, administrators, and assigns. NOW, THEREFORE, the premises shall be subject to the following covenants and restrictions which shall run with the land: 1. Size of Principal Building - No lot shall be improved or have placed or maintained thereon any habitable structure other than a single-family dwelling, not to exceed two stories in height with a private garage for not more than three (3) automobiles. A two-story dwelling shall contain a gross first-floor area of not less than 1,200 square feet, and no dwelling shall contain a habitable floor are of less than 1,000 square feet, (exclusive of garages, carports, open breezeways, porches or basements wholly below grade). Aground level habitable area enclosed on three sides by foundation walls not less than seven feet above grade can be counted as a "second" story for the purpose of this paragraph. 2. Accessory Buildings - Ancillary buildings (except garages), swimming pools, runs, paddocks, kennels, stalls, sheds, etc. shall be placed further away from the street line than the furthest part of the principal dwelling; shall be set back from any side or back lot line not less than ten (10) feet; shall not exceed fifteen (15) feet in height above grade; and shall be screened from street view by ~e recaJ~eJ V~ I~ ' ~ecla(W~~e,1 appropriate planting or fencing as approved by the Declarant. 3. Swimming Pool - Private swimming pools may be cconstructed on any lot provided they are situated in the rear yard only and provided further '.hat no portion of any such pool or its appurtenances shall be closer than thirty (30) feet to the rear'or side lot lines. 4. Set Backs - No part of any residence outside of the building envelopes as shown on the filed map. 5. Approval of construction Plans - All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by Declarant, his successors and/or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of M. Paul Friedberg, his successors or assigns as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of community. All exterior construction, paining and grading shall be completed within one (1) year after cgmmencement of construction. This approval is in addition to any building permits or other approvals required by the Town of Southold or any governmental department, agency or unit from which approvals are required. 6. Building Modification - A11 permitted accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall not project more than five (5) feet beyond the front wall of the dwelling or structure as originally approved. 7. Government Regulations and Prohibited Construction - All dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, aiad no Variance thereof may be obtained without the written approval of the Declarant, his successors and/or assigns. Flat-roof construction and asbestos,~plastic or metal siding sriall not be used on any dwelling or'structure. i 8. Drainage - All structure oiZ any one lot including roofed, paved or excavated areas which have the effect of deflecting or capturing rain, shall not in the aggregate have a projected horizontal area exceeding twenty (20) percent of the gross area of the lot. All runoff caused by changes to the natural growth and terrain of a lot shall be contained within the boundaries of the lot by appropriate landscaping. For purposes of design a rainfall of three (3) inches in one hour shall be assumed. Downspouts and dry wells shall be installed on all major buildings unless alternate drainage of equal capacity'is provided. 9. Use of Premises - Except as set forth herein the premises shall not be used for any commercial activity of any kind or any manufacture, fabrication of goods, breeding of livestock for sale; or display of advertising discernible from outside of the principal dwelling. Home occupations or activities may be practiced in accordance with the Southold Town Zoning code within the premises provided no more than two persons are engaged in such activity and no more than two automobiles of clients are parked on the lot or in the road at any time. No activity of any kind shall be conducted on the premises, within any lot or in any part of the land described hereinabove, which shall cause obnoxious noise, odors, dust, smoke, lights, r+3dio emissions nor any other externally discernible effect which shall cause an annoyance or nuisance to neighboring; properties. Lot may be used for agricultural purposes and nothing contained in this Declaration shall be construed.to prevent the use of said lot for agricultural purposes: 10. Water Supply and Sewage Disposal - No well or other individual water system'or any individual sewage disposal system shall for any residence be permitted on any lot unless approved as to design, location and construction of the Suffolk County Department of Health or such other State, County, Town or Village authority having jurisdiction over public health. No water pumped from the ground of any lot shall be used for any purpose other than household or irrigation needs within said lot, except for agricultural purposes on Lot 7. No water shall be discharged beyond the boundaries of a lot except in case of an emergency. 11. Restriction of Division arn3 Use of Lots - No lot shall be divided and conveyed as two; or more separate parcels. Nor shall more than one silgle family dwelling house be located on any lot. 12. Signs - No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of Declarant, his successors and/or assigns. This consent is in addition to any building permits or other approvals required by the Town of Southold or any governmental department, agency or unit from which approvals are required. 13. Animals - Domestic pets shall be housed inside the pi;~incipal dwelling. 14. Trailers, Tents and Shacks - No trailer, except a boat trailer as hereinafter provided, or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer as hereinafter provided, or tent shall be located, erected or used on any lot for a continuous period exceeding five (5) days, and shall not be placed on any lot so as to be visible when the lot is viewed from the front boundary of such lot. No boat or boat trailer in excess of twenty (20) fee~~ overall length shall be placed on any lot unless. in a garzige or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. 15. Trash - Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. 16. Clotheslines - Clotheslines and laundry poles must be located in the rear yard and placed so as not to be visible from the street. 17. Tree Planting - Each lot owner will plant trees on front of cleared lots outside the bed of the road with 2" minimum caliber. The trees shall be planted twenty (20) fdet apart. These plantings are in addition to any other plantings required by the Town of So~,~thold. 18. Road Bed and Drainage Area,^. - The Declarant reserves the fee title to the bed of the roads shown on the map together with the fee title to any and all drainage, thereon shown, and the Declarant, his successors and/or assigns, shall have the right to dedicate said roads and drainage to the Town of Southold or to the West Mill Road Association, Inc. without the consent of the owner of any lot or of the holder of any'lien thereon or any interest therein. all such owners, lienholders and interest holders shall execute, if requested; any and all instruments necessary to effect such dedication purposes. This reservation of fee title shall terminate upon acceptance of dedication by municipal authorities. 19. Road Area - There has been set aside, as indicated orb the subdivision map, two road areas for the use of the owners of lots, their guests, invites or lessees. S 20. Each and every lot shall b~= subject to an annual assessment in an amount that will be~~fixed by the Declarant, his successors and/or assigns, equal'to a proportionate share of the cost of taxes; insurance, maintenance, improvements and repair of Road Area and common area. The proportionate share of expenses directly related to the Road Areas, including without limitation maintenance, taxes, ' insurance and improvements, shall be determined based only upon the lots fronting on the road f~~r which the expense was incurred. All other expenses shall l:~e apportioned equally against all lots or as the Board of 13irectors shall determine. The owner of any lot, himself, his heirs, successors and assigns, covenants he will pay this charge to Declarant, his successors and assigns, on the 1st day of January in each and every year, and further covenants that said charge on said date in each year shall become a lien on said land and shall continue to be such lien until fully paid. such charge shall be payable to the Declarant, his successors and/or assigns, and shall be devoted to the maintenance of the road as shown on said map and other community purposes beneficial to the real property above described and expenses of the Association referred to herein. A party, by the acceptance of a deed, hereby expressly vests in the Declarant, his successors and/or assigns, the right and power to bring all actions against the fee owner of the premises hereby conveyed or any; part thereof for the collection of such charge and can en?.`orce the aforesaid lien therefor. 21. Payment of Contributions by Lot Owners - While the Declarant holds title to the road bed and/or common arcs, Declarant will pay the taxes and expenses referred to in Paragraph 21 above, and will submit bills to the individual Tot owners for their respective contributions. Such bills will be paid in full to thelDeclarant by the then present lot owner within thirty (30)-days after said bills have been mailed to the lot owner. In the event that any such bills are not paid by any lot owner, such charge shall become a lien against any such lot. 22. Homeowners Association - At such time as six (6) lots are in separate ownership, and in the event the roads h~.ve not been dedicated to the Town, a Home Owners Association shall be formed and shah be duly incorporated according to the laws of the State o,` New York. The Declarant, his successors and/or'~assLgns, will assign all of his rights, duties, and 'obligations 'iereunder to said Homeowners Association. Each fee ow:~er of a lot shall automatically be a member of such Homeowners Association; however, each lot shall be'entitled to only one vote. Rules and By-Laws of such Association; not inconsistent with these covenants, shall be adopted'by,affirmative written vote of the owners of no fewer than six (6) lots, and shall thereupon become binding on all the lot owners. The homeowners Association to be formed shall hereinafter be referred to as the "Association" and "lot owner" shall refer to the record owner of fee simple title in and to any lot in the subdivision, including the Declarant as to any unsold lot. { A . ~ 23. Declarant shall assume all responsibilities of the Homeowners Association untl'such time as Declarant has conveyed six (6) of the lots to the Lot Owners unless declarant has previously dedicated the Roads to the Town. At such time, or prior thereto Declarant, his successors and/or assigns, shall, at their own cost and expense, incorporate a Homeowners Association and within sixty (60) days thereafter shall convey title to the road to the Homeowners Association. is ~ 24. Upon the creation on the Homeowners Association, a~d after conveyance of the Roads to'the Association, as hereinbefore provided, all responsibility for operation and maintenance of the Roads shall lie w~.th the Association, and shall be subject to the by-laws and pules and regulations thereof. 25. Within sixty (60) days after the creation of said Homeowners Association, by-laws shall be adopted for the government thereof, which said-by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold. The by-laws of the Homeowners Association shall, in addition to other matters; provide for the following: (a) Each Lot Owner in good standing shall be entitled to one (1) vote at any meeting of the Association. Eery Lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is held jointly, in common, or tenancy by the entirety. (b) The association.'shallibe perpetual; it shall purchase insurance, pay taxes; speci.`•°y an annual homeowner's assessment to be paid by each Lot Owner as set forth in paragraph 21 herein. Each and every~Lot Owner shall be subject to a proportionate. share of the expenses of the Association, as well as any and all expenses incurred by the Association for the improvement, maintenance and use of the Open Space are and the operation of the Association which shall be charged to each. lot ovYner in the form of an annual assessment as set forth in paragraph 21. (c) The Association shall have the right to suspend the voting rights of a Lot Owner for his failure to pay when due the assessment and any and all charges due the Association; and that any unpaid amount of the assessment shall become a lien on the property of such Lot Owner in f~ivor of the Association. The Association shall have the right to proceed in accordance with 311 necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commenc%: action against any Lot Owner for the collection of any unpa~.d assessment in any court of competent jurisdiction. . - (d) The Association shall have the right to borrow such sums of money as it deems necessary for the maintenance and improvement of the Roads on such terms as it deems advisable. (e) The Association may rn?it use funds from dues or assessments attributable to lots yawned in whole or in part by Declarant for purposes!of instituting or prosecuting litigation against the Defendant. 26. Utility Easement - an easement along the road of said map or any other area necessary is hereby specifically reserved for the installation and maintenance of wire and conduits and of all proper and necessary attachments for the underground service of electric power and telephone service and for the installation and maintenance of any utilities, if any provided, however, that said easements shall be under areas designated by municipal or public utilities authorities. 27. Invalidation of any one of these covenants by j~„dgment or court order shall in no !,ray affect any of the other provisions which shall remain 'r_n full force and effect. 28. Enforcement shall, be by proceedings at law or in equity brought by Declarant his succ:~ssors and/or assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. In addition, the Town of Southold may bring a proceeding to enforce these covenants and restrictions. 29. Failure by Declarant his successors and/or assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 30. All of the foregoing restrictions are intended to cgver only the plots shown on the may of West Mill Road Subdivision and are not extended. to !kny other property now or to be owned by Declarant. S By: M. Paul Friedberg STATE OF NEW YORK) )SS.. COUNTY OF On this day of , 1994 before me personally came M. Paul Friedberg to me known to be the same individual described in and who executed the above instrument and he duly acknowledged to me that he executed same. Notary Public 1 ina/76/westcovr JAN 2 T CERTIFICATE OF INCORPORATION OF WEST MILL ROAD HOMEOWNERS ASSOCIATIONi INC. Under Section 402 of the Not-For-Profit Corporation Law The Undersigned, being a natural person and at least eighteen year of age, desiring to form a not-for-profit corporation pursuant to the provisions of the Not-For-Profit Corporation Law of the State of New York, does hereby certify and set forth as follows: (1) The name of the corporation is: WEST MILL ROAD HOMEOWNERS ASSOCIATION, INC. (2) The corporation is a corporation as defined in subparagraph (a) (5) of Section 102; the corporation is a Type A corporation. (3) The purpose or purposes for which this corporation are organized are as follows, to wit: To promote the health, safety and welfare of the residents of West Mill Road Subdivision and to own, acquire, operate and maintain road areas, commons, streets, footways, structures and personal properties incident thereto. To enforce any and all covenants, restrictions and agreements applicable to the residents of West Mill Road Homeowners Subdivision. To pay taxes, if any on the road areas, common properties and facilities of such su:~division. To do any other act or thing incidental to or connected with the foregoing purposes or in advancement thereof, but not for the pecuniary profit or financial gain of its members, directors or officers. Nothing contained in this certificate shall authorize or empower the corporation to perform or engage in any act or practice prohibited by General Business Law, Section 340 or any other antimonopoly statute of the State of New York. ti (4) If the Corporation fails to maintain any common area owned by it in reasonable order and condition in accordance with its by-laws and applicable recorded covenants and restrictions, the Southold Town Board may notify such corporation in writing by certified mail at its address shown on the last completed town assessment roll, or in the same manner upon the owners of the lots in the West Mill Road Subdivision at their address as shown upon the last completed assessment roll, which notice shall set forth such matters as are required by Section 100-181 M of the Southold Town Code. (5) The office of the Corporation in the State of New York is to be located in the County of Suffolk. (6) The initial directors of the corporation until the first annual meeting are as follows: M. Paul Friedberg. (7) The duration of the corporation is to be perpetual. (8) The Secretary of State is designated as agent of the corporation upon whom process against it may be served. The post office address to which the Secretary of State shall mail a coy of any process against the corporation served upon him is: M. Paul Friedberg & Partners 41 E. 11th Street New York, New York 10003 Attention: Mr. M. Paul Friedberg IN WITNESS WHEREOF, this certificate has been signed this day of 1994, by the undersigned who affirms that the statement made herein are true under the penalties of perjury. M. Paul Friedberg ina\76\wstmillyd . ~ • • JAN2T BY-LAWS OF WEST MILL ROAD HOMEOWNERS ASSOCIATION, INC. A New York Not-for-Profit Corporation ARTICLE I - NAME, LOCATION AND PRINCIPAL OFFICE These are the By-Laws of West Mill Road Homeowners Association, Inc., hereinafter referred to as the "Association". The principal office the Association shall be in the Town of Southold, County of Suffolk, State of New York. ARTICLE II - DEFINITIONS The following words when used in these By-Laws shall, unless the context prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to West Mill Road Homeowners Association, Inc., a New York Not-for-Profit Corporation. (b) "Developer" shall mean and refer to M. Paul Friedberg his successors and assigns if such successors and assigns should acquire an undeveloped or developed but unsold portion of The Properties from the Developer for the purpose of development. (c) "Declaration" shall mean and refer to the Declaration of Covenants and Restrictions, applicable to The Properties and amendments thereto, i€ any, in the Office of the Clerk of the County of Suffolk, )few York. (d) "The Properties" shall mean and refer to all those areas of land described in and subject to the Declaration, and as shown on the subdivision map of West Mill Road Subdivision. (e) "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the West Mill Road Subdivision map of The Properties but shall not include the Road Areas as herein defined. (f) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article VI. f i 1 (g) "Home" shall mean and refer to all units of residential housing situate upon lots located on The Properties. (h) "Owner" shall mean and refer to record owner of fee simple title to any lot, including the Developer with respect to an unsold lot. Every lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, a majority vote of such owners shall be necessary to ca:>t any vote to which such owners are entitled. (i) "Road Areas" shall mean and refer to certain common areas of land other than individual lots as shown on the filed subdivision map and intended to be utilized by the lot owners and others for access to their lots. (j) "Development" shall mean map of west Mill Road Subdivision, a major subdivision located along West Mill Road, Mattituck, New York. ARTICLE III - PIIRPOSE This Association is formed to own, operate and maintain the Road Areas for the benefit of the Members of the Association and to act so as to pres=_rve property values and initiate such action as is necessary; to guide the development and use of the Propertie;~ into an attractive and safe community and to otherwise act according to the provision of the Declaration. ARTICLE IV - APPLICABILITY All present and future Members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its members. ARTICLE V - IISE OF FACILITIES Except as set forth herein, the Road Areas shall be limited to the use of the members or their families, lessees or other occupants residing in their household, and their guests and invitees. Pursuant to Section 100-181 of ~~he Southold Town Code, at any time the Association fails to maintain the Road Areas in reasonable order and condition in''accordance with the plan proposed, the Southold Town BoaYd may cause written notice to be served upon the Association setting forth those items set forth in the aforementioned section of the Town Code. 2 ARTICLE VI - MEMBERSHIP AND VOTING RIGHTS I Section 1. Membership. The, Association shall have one class of membership interest as kollows: The Owner of each Lot on The Properties shall be a member whether such ownership is joint, in common or tenancy by the entirety. Each member is entitled to one vote for each Lot in which they hold a membership interest. When more than one person or entity holds such in interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determine but with the exception of cumulative voting employed in the election of Directors, not more than one vote may be cast with respect to any such Lot. No Member shall split or divided its votes on any motion, resolution or ballot other than in the cumulative voting procedure employed in the election of Directors. A Member shall not be entitled to vote during such time as they are delinquent on assessments owed the Association. ARTICLE VII - QUORUM, PROXIES AND WAIVERS i Section 1. Quorum. So many Members as shall represent at least 51~ of the total authorized votes of all Members present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. If, however, such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting at least at least five days written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might have been transacted at the meeting originally called. At such adjourned meeting, so many Members as shall represent at least 33-1/3 of the total authorized votes of all members shall constitute a quorum. Section 2. Vote required to Transact Business. When a quorum is present at any meeting, the vote of a majority of the Members shall present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is one upon which by express provision of the Statute, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provisions shall govern and control the decision of such questions. 3 Section 3. Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4. Proxies. All proxies shall be in writing and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting. Section 5. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by Statute or by any provision of the D~aclaration, Certificate of Incorporation or of these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be di:apensed with if all Members who would have been entitled to vote upon the cation if such meeting were held, shall consent in writing to such action being taken. Section 6. Place of Meeting. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings. Section 7. Annual Meeting. The annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors. At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By -Laws. The Members may also transact such other business as may properly come -~efore the meeting. Section 8. Special Meetings". It shall be the duty of the President to call a special miaeting of the Association, if so directed by the Board of Directors, or upon the presentation of the Secretary of a petition signed by a majority of the Members. Section 9. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, setting the purpose thereof as well as the time and place where it is to be held, to each Member at least ten, but not more than thirty, days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served. Section 10. Order of Business. The order of business at all meetings shall be as follows: (a) Roll Call i (b) Proof of notice of meeting, or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of officers ! 4 _ (e) Report of committees (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business r ARTICLE VIII - BOARD OF DIRECTORS Section 1. Number and Term. The number of Directors which shall constitute the whole Board shall be five. The President and Secretary of the Association shall be Directors. An initial Board consisting of three Directors shall be designated by the Developer to serve until the first annual meeting of the Association at the first annual meeting and at all subsequent annual meetings, the Members shall vote for and elect five Directors to serve for one-year terms and until their successors have been duly elected and qualified. All Directors, other than those the Developer shall have the right to designate, must be either Members of the Association or immediate family members residing in the Member's home. Each Director shall be of at least nineteen years of age. Section 2. Cumulative Voting and Right of Developer to Designate Certain Board Members. `In an election of Directors, each Member shall be entitled to as many votes as shall equal the number of Directors to be elected and a Member may cast all of such votes for a single Director or may distribute them among two or more Directors as he sees fit. Section 3. Vacancy and Replacement. If the office of any Director becomes vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise a majority of the remaining Directors though less than a quorum, at a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term with respect to which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by D Developer resigns, the Developer s_iall have the right to appoint another Director in his place. Section 4. Removal. Directors may be removed for cause by an affirmative vote of a majority of the Members. No Director, other than a designee of the Sponsor, shall continue to serve on the Board if, during his term of office, he shall cease to be a member. 5 Section 5. Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Certificate of Incorporation, or by these By-Laws, directed or to be exercised or done by the Members or Owners personally. These powers shall specifically include, but not be limited to, the following items: y 1. To determine and levy assessments provided for in the Declaration. The Boarr3 of Directors may increase the monthly assessments or vote a special assessment in excess of that amount, if required, to meet any additional necessary expenses. The Board of Directors shall levy assessments for expenses directly related to the Road Areas, including without limitation maintenance, taxes, insurance and improvements, shall be determined based only upon the lots fronting on the road for which the expense was incurred. All other expenses shall be apportioned equally against all lots or as the Board of Directors shall determine. 2. To collect, use and expend the assessments. 3. To maintain the Road Areas, as designated on the subdivision map of west Mil +l Road Subdivision. 4. To open bank accounts and borrow money on behalf of the Association and to desir3nate the signatories to such bank accounts. 5. To collect delinquent assessments by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations of the rules and regulations herein referred to. 6. To make reasonable rules and regulations and to amend same from time to time. Such rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered a copy of such rules and all amendments to each Member. Such rules and regulations may, without limiting the foregoing, include reasonable limitations on the use of the Road Areas by guests of theMembers. 7. To employ workmen,'contract~'Srs and supervisory personnel, and to purchase supplies and equipment, to enter into contracts to provide maintenance and other services and generally to have the power of Directors in connection with the matters 6 hereinabove set forth. 8. To bring and defend actions by or against one or more Members of the Association which are pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. 9. To hire a Managing Agent toyperform and exercise the powers of the Board of directors in the management of the Development. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees to consist of at least three Members, one of whom shall be a Director, which to the extent provided by said resolution or resolutions, shall have the power to manage the business and affairs of the Association. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. Section 6. Compensation. Directors and officers, as such, shall receive no compensation for their services. Section 7. Meetings. (a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, providing a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of the Board of Directors shall be held at the same place as the annual meeting of the Association Members and immediately after the adjournment of the same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special meetings of the Board may be called by the President on two days' notice to each Director either personally or by mail or tele~.iram. Special meetings shall be called by the President or secretary in a like manner and on like notice on the wri~ten request of at least two Directors. (d) At all meetings of the Board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an 7 _ act of a two-thirds majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may bedotherwise specifically by Statute or by Declaration or these Sy-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall be present. (e) Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 8. Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) andtwhen called for by a vote of the Members at any special meting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement verified by an independent public account and a statement regarding any taxable income attributable to the Members and a notice of the holding of the annual meeting of the Association Members. Section 9. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association handling or responsible for Association funds shall furnish adequate fidelity bonds. The premiums of such bonds shall be an expense of the Association. ARTICLE I% - OFFICERS Section 1. Elective Officers. -The officers of the Association shall be chosen by the Bard of Directors and shall be a President, A Vice President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment may be necessary. All officers must be either members of the Board of Directors, Members of the Association, or lessees or occupants entitled to the use of The Properties in lieu of the Member renting or permitting them to occupy the Home in which they reside. Two or more offices may not be held by the same person. Section 2. Election. The Board of Directors, at its first meeting after each annual meeting of the Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. 8 Section 3. Appointive Officers. The Board may appoint such other officers and agents as it shall deem necessary who shall hold their officers for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4. Term. The officers shall hold office for a period of one year or until their successors are chosen and qualify in their stead. An officer elected or appointed by the Board of Directors may be removed with or without cause, at any time, by the affirmative vote of a majority of the Board of Directors present at such m~aeting, provided prior notice was given to all Board member: that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. Section 5. The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-office member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of the President of a corporation organized under the Not-for-Profit Corporation law of the State of New York. Section 6. The Vice President.: The Vice President shall take the place of the presiden': and perform his duties whenever the President shall be abse:it or unable to act and shall have such other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 7. The Secretary. The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors or by the President, under whose supervision he shall be. Section 8. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronol~!~gical accounts or receipts and disbursements in books ;~elonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such 9 depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Association. Section 9. Agreements, etc. All agreements and other instruments shall be executed by the President or such other person as may be designated by the Board of Directors. ARTICLE % - NOTICES Section 1. Definitions. Whenever under the provisions of the Declaration or of these By-Laws, notice is required to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but such notice maybe given in writing, by mail, by depositing the same in a poi;t office or letter box in a postpaid sealed wrapper addressed to the Board of Directors, such Director, or Member,(such address as appears on the books of the Association. Section 2. Service of Notice - Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE XI - AMENDMENTS These By-Laws may be altered, amended or added to at any duly called meeting of Association Members provided: (a) that the notice of the meeting shall contain a full statement of the proposed amendment, (2) that the amendment shall be approved by vote oaf at least sixty-six and two thirds percent (66-2/3$) of .he Members, and (3) approval of the Town Board of the Town of Southold with respect to use and maintenance of the Road Areas as required by the Southold Town Code Section 100-181(G)(2). No amendment, however, shall affect or impair the validity or priority of the Members' interests or the interests of holders of a mortgage encumbering a Member's Lot. ARTICLE RII - SELLING, LEASING AND GIFTS OF LOTS Section 1. Selling and Leasing Lots. Any Lot may be conveyed or leased by a Member free of any unrecorded 10 restrictions except that no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Lot unless and until all unpaid Association expenses assessed against the Lot shall have been paid as directed by the Board of Directors. Such unpaid Association expenses, however, may be paid out of the proceeds from the sale of a Lot, or by the Grantee. Any sale or lease of a Lot in violation of this section shall be voidable at the election of the Board of Directors. Upon the written request of a Member of his mortgagee, the Board or its designee shall furnish a written statement of the unpaid charges due from such Member which shall be conclusive evidence of the payment or non-payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board of o- the issuance of such statements. The provisions of this section :hall not apply to the acquisition of a lot by a mortgagee who shall acquire title to such Lot by foreclosure or by deed in lieu of foreclosure. In such event the unpaid assessments against the Lot which were assessed and became due prior to the acquisition of title to such Lot by such mortgagee shall be deemed waived by the Association and shall be charged to all other members of the Association as a common expense. Such provisions shall, however, apply to any assessment which are assessed and become due after the acquisition of title to such Lot by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Lot" is referred to in this section, it shall include the Lot, the Member's interest in the Association and the Member's interest in any Lots acquired by the Association. ' Section 2. Gifts, etc. Any Me;nber may convey or transfer his Lot by gift during this lifetime or devise his Lot by will or pass the same by intestacy without restriction. ARTICLE XIII - GENERAL PROVISIONS Section 1. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors. Section 2. Seal. The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3. Examination of Books and Records. Each Member, or their respective representatives and first 11 mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to its Board of Directors. The Declaration Certificate of Incorporation and the By-Laws of the Association shall be available for inspection by any Member or first mortgagee at the principal office of the Association. Section 4. Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, whenever the context so requires. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control; and in the case of any conflict between the .Declaration and these By-Laws, the Declaration shall control. Section 5. Severability. Should any of the covenants, terms or provisions herein imposed by or become unenforceable at law or in equity, the remaining provisions of these By-Laws shall, nevertheless, be and remain in full force and effect. THE UNDERSIGNED Directors hereb~~ certify that they have adopted the foregoing By-Laws as the first By-Laws of the Association, in accordance with the requirements of the Not- For-Profit Corporation Law. Dated: ina\misc\uestmby 12 :>r, A~ PLANNING BOARD MEMBERS ~ v , ~ SCOTT L. HARRIS , `iii'' Richard G. Want. Chairman ~ ~ Supervisor George Rf[chie Latham, Jr. 'i ~ Town Hall, 53095 Main Road Bennett Orlowski, Jr. - P. O. Box 1179 Mark S. McDonald ~ Southold, New York 11971 Kenneth L. Edwazds PLAN1vING BOARD OFFICE rax (51s) 7ss - laz3 Telephonc (516) 765-1938 TOWN OF SOUTHOLD October 26, 1993 Daniel C. Ross, Esq. Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Major Subdivision West Mill Subdivision aka Paul Friedberg Mattituck, NY SCTM# 1000-106-9-4.2 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 25, 1993: BE IT RESOLVED, that the Southold Town Planning Board grant a six month extension of conditional final approval from November 3, 1993 to May 3, 1994. Please note that this is the only extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Sincerely, ~ Richard G. Ward Chairman ~ r MS Uw OF FIC E9 ~ WICKNAM, WICKHAM & BRESSLER, a.c. B MAIN ROAD. R.O. BOX 1424 MATTITUC K, 40NG IS LAND noprGAC•E O.nCE WILLIAM WI[YMAM ERIC J. BR[55LER NEW YORK 11952 _ hBIGAILA WIC KM AM 516-298-5300 SIB @990353 r[~Erwx N0, 516.298-z012 OANICIC 8055 TELEFAX ND. 516.298$555 ~rnHE M. ooaaoH JOSEPH C. SA VINO HU9ERTF SUIUVAN JANET GEASA J EffREY $TAgp October 22, 1993 VIA FACBIMIL$ chairman Ricriard G. Ward PLANNING BOARD OFFICE TO':iN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Proposed Major Subdivision "West Mill Subdivisicn" aka hi. Paul Friedberg Mattituck, New York SCTMx: 1000-106-9»4.2 Dear Chairman Ward: This letter serves to request a ninety {90) day extension of the c~.nditional final approval given on Y.he above referencEd matter by this Board on ,Iay 5, 1993, Thank you. Very truly yours, Daniel C. oss ~ DCR/tbt 79-friedltr TDTAL P._~2 Southold ToT:vn Planning Bcard ? Map 3, 1.993 PUBLIC HEARINGS Su'Jdivisions Fina.1: Mr. Ward: 7:30 P.M. West Mill Su!x?ivision a.';._a. M. Paul Friedberx) T`Zis maj Or SU~"~d 1V1Sl On 1S fOr 9 lOtS On 1.Q~ aC1-3u 7.OCated On ti~2 ::4°3t S1dP_ Of West Mill Road; 1102.15 faet south. of Nau~les Drive in Matti.tuc':. SCiT1#k ].000--106-9--p/o 4. Ls there any',o~'1 '.^r~> trat ?;ou1d l.i'.r;=- to ad~_`~ross the Board, that ~rculd ii: apposition Lo t'~is projact? _Tf not, anyhodp :?er2 that had informa±ion they'd li';a to :orosont, either pro or con, all those in favor? Anp'~ody here in favor? Dan Ross: Wi_cl:ham, Ydidcham and Bressler. On '~ahal of t1e alJplicant, I i.eVE' all Of the C'.OCUmentS 'laV^_ '~2?i~. SU'"ml. t't"^. .^Vnr~t':t iLiii'.~ l.l? Brie except for those matters t'1at ?gill 'r--. conr,i tiolad on ycur fine]. approval. Oil t'_lat ~7aS1Sr I a3~% that y0U ap71'OVC the 3U'~!~].VlSi On. '~lcin'r yOU. Mr. Ward: Any of?per co[[mi°nts? A;iy co*cml^nts from the Board? Mr. McDonald? Mr. McDonald: No. Mr. Ward: Mr. Latham? Mr. Latham: No Comm°nts. Mr. Ward: Mr. Orlo~vs':i? Mr. Orlo~as'ci: No. Mr. Ward: OK. A].7. is i.n order then to close thi.~ '~earina. Mr. McDonald: I move er° clos^. Mr. Latham: Second the motion. Mr. Ward. Motion has been seconded. A11 those in favor? Ayes: Mr. McDonald, Mr. I_at'.?am, M1-. Orlo?rs`ci, Mr. S4ard. Mr. Ward: Opposed? Motion carried. Mr. McDonald: Mr. C',airman, I'd 1i':e i;o ma':e a further motion. T4HEREAS, M. Paul Fried};erg is the owner of the property 'mo*.-m and desiynat~d as SCTM#k 1000--106--9--'!.2, locatec' at the west sid~_ of TAill Road; 1102 feet south of Nau~l~s Dri.v~ in Matti.tuclc; and WHEREAS, this majcr dust,.^r sL?r,division, to he 'mo*.an as blast Mill Subdivision, is for 9 lots on 22.10 acres; and Southold Town Planning Board ? May 3, 1993 W[-IEREAS, the Southold Toi~m ?lapping Board, aursuant to th.^-_ Stat° Em~ironmantal Quality Review Act, (Artiehe 8), Fart 617, declared itself lead aency and issued a Negative D=claration on April 1, 1991; and 6V'dEREAS, a final public h^arin~g ores closed on said :;u`xlivi.sion application at Totm Hall, Southold, NeT.d Yor'c on May 3, ?.993; and WHEREAS, all the requiremen+_s of the Subdivision Regulations of t'le Town of Sout:old have teen met; and ~ it therefore, RESOLVED that the Southold To*,•m Plan-ling Board grant co:.ditiona.7. final approval on the surveys dated April 12, 1993, subject to fulfillme?lt of th^ following conditions within six (6) months of the date of this resole±io:l: 1. Sulsnission of five (5) caper prints and tyro (2) mylars of th,~ fi.nal ma~~s, all containing a valid stamp of Healt'.1 Department auprova]_ and a rotation that a Declaration of Covenants and Restrictions .vas filed pertaining to the subdivision. i^12 draft Declaration of Covenants and. Restrictions has been submitted to t'le Toorn Attorney for ravie~r. Once the document is approved by t'ie Plan- ning Board and the Town Attorney, it must he filed i.n the office of the County Cler'; and a copy of the record^_'d document must '~e cu'xnitted to thin office. T?le liter and ,Jage num~~er of the record=d locument must 1,= noted or. the final surveys. 3. Su?-,mission of the draft Homeoi•mers Association for the rJroposed road. Once the dOCtmlent 1S apprOVed by t'1e- Plarlll l.n~ Board Gild t'1.^ TC':m Attorney, It must '.r.. filed. and a copy of the recorded document must he sabmitt~d to this office. SUhm1Sul On, and aCC:°`pita~7C2 7y t?"1~? `"OLm BOaYdr Of t'^~O- Pc^YfOTT.la1C:? GUaYantc.C in the amount of $96,070.00. 5. Submission of the ins~:Jection fe^ in tie amount of $5,76^.00. 6. Submission of t,e par'.- and ulay:~round foe in t;zs amount of $?8,000.00 ($2,000.00 ,tr lot). 7. Su?xni.ssion of t'1e dedication papers maA:iYlg 1:'.,.~ fif_ty (50) ,foot :ride right-- of--dray available for future dedication to t'l Tom in >ertr~tuity. 8. Sulxnission of a letter from .each public uti.].ity company whose facilities are prOp03c?d t0 'tie Installed 1Tl t'1:? :JYOpOSed ;llW.]1V1S lOn. SUC'? lCtt.^r shall state that the utility com~Jany ;gill male t'.le in tallatio;~~s n~cess-- ary for t?le furni.ahin~ of its sr_.LVicos. Mr. Orl.ows',ci: Second: Mr. Warta: Motion ser_on!'ed. .All in favor? • ~~SUFfO(~-CO • 9 PLANNING BOARD MEMBERS ,r T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ~ifi ~ O~~ Supervisor George Ritchie Latham, Jr. ~Ol ~ ~a Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards pLANNING .BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 May 4, 1993 Daniel C. Ross Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Major Subdivision "West Mill Subdivision" aka M. Paul Friedberg Mattituck, NY SCTM# °11f~fl6-ldlb-9-4.2 Dear Mr. Ross: The following took place at a meeting of the Southold Town Planning Board on Monday May 3, 1993: The final public hearing which was held at 7:30 P.M. was closed. The following resolution was adopted: WHEREAS, M. Paul Friedberg is the owner of the property known and designated as SCTM# 1000-106-9-4.2, located at the west side of Will Road; 1102 feet south of Naugles Drive in Mattituck; and, WHEREAS, this major cluster subdivision, to be known as West Mill Subdivision, is for 9 lots on 22.105 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on April 1, 1991; and WHEREAS, a final public hearing was closed on said subdivision application at Town Hall, Southold, New York on May 3, 1993; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, West Mill Subdivision May 4, 1993 Page 2 RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys dated April 12, 1993, subject to fulfillment of the following conditions within six (6) months of the date of this resolution: 1. Submission of five i5) paper prints and two (2) mylars of the final maps, all containing a valid stamp of Health Department approval-and a notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision. 2. The draft Declaration of Covenants and Restrictions has been submitted to the Town Attorney for review. Once the document is approved by the Planning Board and the Town Attorney,. it must be filed in the office of the County Clerk and a copy of the recorded document must be submitted to this office. The liber and page number of the recorded document must be noted on the final surveys. 3. Submission of the draft Homeowners Association for the proposed road. Once the document is approved by the Planning Board and the Town Attorney, it must be filed and a copy of the recorded document must be submitted to this office. 4. Submission, and acceptance by the Town Board, of the Performance Guarantee in the amount of $96,070.00. 5. Submission of the inspection fee in the amount of $5,764.00. 6. Submission of the park and playground fee in the amount of $18,000.00 ($2,000.00 per lot). 7. Submission of the dedication papers making the fifty (50) foot wide right-of-way available for future dedication to the Town in perpetuity. 8. Submission of a letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter shall state that the utility company will make the installations necessary for the furnishing of its services. West Mill Subdivision May 4, 1993 Page 3 Upon fulfillment of the above mentioned conditions within the specified time, the Planning Board will schedule the final surveys to be endorsed. At that time, all final surveys must contain a valid stamp of Health Department approval. Please contact this office if you have any questions. regarding the above. Sinc/erel0y, - Q <G~t~` ~ r~'~/ Richard G. Ward Chairman So~~c~ S~EFOLK~. ~ tic ~p OGy .'as ~ JUDITH T. TERRY ~ Town Hall, 53095 Main Road TOWN CLERK ~ T P.Q. BoX 1179 REGISTRAR OF VITAL STATISTICS ~ Southold, New York 1 1971 MARRIAGE OFFICER Q Oe- Fax (516) 765-1823 ~ Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 20, 1993: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $96,070.00 for a bond for roads and improvements in the major subdivision of "West Mill", Mill Road, Mattituck, all in accordance with the recommendation of the Southold Town Planning Board and Engineer Inspector James A. Richter. ~~T~Y'~l Southold Town Clerk April 21, 1993 l5 ~ L ~ 2 i Nes ~ SOOTHOLD TOV^~ti PLANNIN, Bt~a D ~SUFFa(,Yl' ,5~ RAYMOND L. JACOES t~t~ T JA.~S A. RSCBTER g G;34iANTEiDENT OF O'yy Q~ LvSPECTOR 0 Ol ~ 765-3140 765-3070 ' OF'ICE OF THE E:IGINE^'3 TOw~T OF SOUTflOLD T..PRTT, 26. 1993 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York: 11971 Re: WEST MILL SUBDIVISION - Mattituck SCTM # 1000 - 106 - 9 - p/o 4 Street Name Proposed - "SELAH" Dear Mr. Ward: As per your request, Mr. Jacobs has reviewed the proposed name selected by the developer for the above referenced sub3ivision. We have searched our files and have found no duplication of names within the mattituck area. If the Planning Board has no objection to the proposed name listed above, it will be acceptable to Mr. Jacobs. i erely, awes A. is ter, R.A. cr_: Raymond L. Jacobs (Superintendent: of Highways) P~~ ~i 31.t ° I w ~~~~pp ~j ~y~ i i l i R fYll2 ~ IOY17 SOUTHOLDTOWN PLANNING BOARD • • sue,/u/l~_%~ y v LAW OFFICES ~ /J WICKHAM, WIC KHAM & BRESSLER, P.C. MAIN ROAD, P.O. eOX 1424 MATTIT UC K, LONG ISLAND WILLIAM WICKHAM MO RTGAGE OFFICE NEW YORK 11952 ERIC J. BRESSLER 516-298-5300 ABIGAIL A. WICKHAM TELEFA%NO. 516-290-2012 516-296-6353 DANIEL C. RO55 TELE FAX NO. 516-298-8565 LY NNE M.GORDON JOSEPH C. SAVING HURERT E SU LLIVAN JANET GEASA April 16, 1993 Town of Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Mr. Richard a. Ward, Chairman Re.: Friedberg subdivision BCTM~ 1000/106/9/4 Dear Mr. Ward: This will acknowledge your correspondence of April 1, 1993 and April 13, 1993. The changes requested in your April 1, 1993 correspondence and the change reflected in the revised bond estimate have been made on the map and a copy of the revised map is enclosed herewith. Also enclosed is a second draft of Covenants and Restrictions with the Board's requested changes. V y tr ou s, a Ross DCR:ic cc: Mr. M. Paul Friedberg s' a:79friedpb APR ~ 91~~i j a.~... _...,i k DECLARATION DECLARATION, made the day of 1993, by M. PAUL FRIEDBERG residing at 116 88th Street, New York, New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide the said real property into nine (9) parcels, and WHEREAS, for and in consideration of the granting of subdivision 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 parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following I~all~- ~cl~rat~~l~c~ 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. That there shall be no further subdivision of any lot in perpetuity. 2. That the area on the subdivision map designated "Scenic Buffer" is designated as such to provide a buffer area between the proposed subdivision and the existing road and shall remain in its natural state and maintenance of the natural vegetation thereon shall be the only use or activity allowed. 3. That except as may be permitted in accordance with these covenants and restrictions the use and development of the portion of Lot 7 designated "Agricultural Reserve Easement Area" outside the area enclosed by the Building Envelope shall forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) Open fallow; c) Operations, encompassing the maintenance of livestock and livestock products (including cattle, sheep, goats, horses and poultry) subject to approval by the Planning Board which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board; d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 4. That the following shall be adhered to on that portion of lot 7 outside the Building Envelope which is designated the Agricultural Reserve Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation of loss of the aesthetic open space and agricultural value of said premises: a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval, (farming) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be place thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other right of ways for non-farming vehicular use shall be constructed of granted thereon. f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed destroyed, cut or removed therefrom. g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. i) All structures, whether temporary or permanent, shall be located within the building envelope as designated on the final subdivision plat for Lot #7. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Agricultural Reserve Easement Area. Fences are permitted subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval. 5. That. the Declarant reserve the right to the exclusive use and possession of the area known as the Agricultural Reserve Easement Areas, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use or entry upon the said Agricultural Reserve Easement, except that the Town shall have the continuing right to inspect the said area outside the area included within the Building Envelope to the extent reasonably required to monitor compliance with the covenants, terms and provisions and ensure same have not been violated, such inspection to be at reasonable times. 6. Access to Lots 1,6,7 and 9 shall be by way of Selah Lane or the designated right-of-way and not directly onto Cox Neck Road. 7. Lots 7 and 9 shall have a common driveway upon the fifty foot right-of-way which is presently a part of Lot 8 and shall have access over said fifty foot right-of-way together with others upon acceptance by the Town of the fifty foot right-of-way for road purposes. 8. That these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 9. That in addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, their heirs, executors, legal representatives, distributees, successors, and assigns, to enforce the conditions and restrictions of these covenants. 10. That the within Declaration cannot be annulled, waived, changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. M. PAUL FRIEDBERG STATE OF NEW YORK) COUNTY OF SUFFOLK: On the day of , 1993, before me personally came M. Paul Friedberg to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed same. NOTARY PUBLIC 55friedc&r • o~OgUFFO~~-c • ~G a y~ o N PLANNING BOARD MEMBERS ~ T D SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman .fi ~ ' Supervisor George Ritchie Latham, Jr. ~ .~`a~ Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards pLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 13, 1993 Daniel C. Ross Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: Proposed Major Subdivision "West Mill Subdivision" aka M. Paul Friedberg Mattituck SCTM# 1000-106-9-4 Dear Mr. Ross: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, April 12, 1993. BE IT RESOLVED to adopt the March 18, 1993 Engineering Inspector's Report. BE IT RESOLVED to adopt the bond estimate dated as revised March 31, 1993, and to recommend same to the Town Board. The bond estimate is in the amount of $96,070.00, with an inspection fee in the amount of $5,764.00. BE IT RESOLVED to set Monday, May 3, 1993 at 7:30 P.M. for a final public hearing on the maps dated March 5,.1993. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman Encls: Inspector's Report Bond Estimate - G, ~ ~ - ~ NHS • ~ r=i+ Jd.`?ES A. RIC&''_'EY ,a~ p 0 EiGLVEEQZYG ~.~Ol ~ r~O~' LVS?ECTOR -3140 76:-3010 ' OF3ICE OF THE E`IGIVEZ TC[v'N OF SOUTHOLD MARCH 18, 1993 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: WEST MILL - Major Subdivision Mill Road, Mattituck SCTM. # 1000-106-09-04 Dear Mr. Ward: As per your request, I have reviewed the final plans and bona estimate that were submitted for the above referenced sub3ivision. The plans have been revised to meet the minimum requirements of the highway specifications and are considered to be satisfactory. Enclosed you will find a copy of the bond estimate that has been revise3 to reflect current standards. If you have any questions or require any additional information, please contact my office. S'ncerely, ames Rich er, R.A. Enc: cc: Raymond L. Jacobs (Superintendent of Highways) ~'DI L ~a~ ~~!AR i s i~ SO(iiHOi D li7;tN PLA1~1~ifPt6 ROA?;D ~ al~~o~ ia~a . - _ n~+ J~1.~5 A. RICHT'F3 _ ~ ~ ~ EVGL"I"r~RL`IG ~~'Ql ~ ~~0~' LVSPECTOR .~40 76~-3010 ' OF_ ICF OF T~ EIGI`IEEY TCG,I OF SOUT'30LD BOND ESTIMATE FOR "WEST MILL" MILL ROAD, MATTITUCK SCTM: # 1000-106-09-04 MARCH 16, 1993 Revised March 31, 1993 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. .6 ACRE CLEARING & GRUBBING $ 2,500.00 $ 1,500.00 2. 1,000 C.Y. UNCLASSIFIED EXCAVATION / ROUGH GRADING 6.00 6,000.00 Drdlriage 3. 2 EACH CATCN BASINS 3,000.00 6,000,00 9. 80 V.F. LEACHING BASINS 250.00 20,000.00 S. 130 L.F. 18" Dia. C.M,P. 30.00 3,900.00 6. 940 L.F. CONCRETE CURB 10.00 9,900.00 7. 1,700 S.Y. FINE GRADING 0.50 850.00" Surfacing 8. 290 TONS 3/9" STONE BLEND 25.00 7,2:50.00 9. 220 TONS ASPHALT BASE COURSE 40.00 8,$D0.00 10. 133 TONS ASPHALT WEARING COURSE 90.00 5,320.00 a a~` . ; 11. 25 EACH STREET TREES 200.00 5,000.00 12. 1,200 S.Y. TOPSOIL & SEED 5.50 6,600.00 13. 6 F.ACH CONCRETE SURVEY MONUMENTS 100.00 600.00 14.. 1 EACH STREET LIGHTS 2,000.00 2,000.00 ' 15. 50 L.F. DIRECT BURIAL CABLE 2.00 100.00 16. 3 EACH STREET SIGNS 250.00 750.00 17. 1 EACH FIRE WELL 10,000.00 X0,000.00 1$ JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2, 000.00 "`-`7~ SUB-TOTAL = $ 96,.070.00 _ + 6% ADMINISTRATION FEE = 5,764.00 , f~ r¢t ~ ,r'" s I5 ~ 1'l ~ ~n TOTAL = $ 101,834.00 ~ ~~.8 ~+,i, J f~T ._J SOUlh~it~'~!}',~ may, PLL'•:"StcG hJ-~D ~ ._.-~..ya ro.,, . ~ - RAT ~ oUfFO( C n ~ y` - N PLANNING BOARD MEMBERS T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ~ O~~ Supervisor George Ritchie Latham, Jr. ~O,(~ ~`a Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards pLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 13, 1993 Daniel C. Ross Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: ProYosed Major Subdivision "West Mill Subdivision" aka M. Paul Friedberg Mattituck SCTM# 1000-106-9-4 Dear Mr. Ross: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, April 12, 1993. BE IT RESOLVED to adopt the March 18, 1993 Engineering Inspector`s Report. BE IT RESOLVED to adopt the bond estimate dated as revised March 31, 1993, and to recommend same to the Town Board. The bond estimate is in the amount of $96,070.00, with an inspection fee in the amount of $5,764.00. BE IT RESOLVED to set Monday, May 3, 1993 at 7:30 P.M. for a final public hearing on the maps dated March 5, 1993. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman Encls: Inspector's Report Bond Estimate ^05UFr~1,g-~o /de ~ ,F ~ , ~ RAY:'_CND L. J@COBS ~ ~ r= ,TA:"~S A. RICFi'1'F3 SUP°_RIVT~ID~IT OF p C EIGLVEr.3'L`IG HIGa'HaYS ~y~rO! ~.aQ~ LVSP°_CTOR 765-3140 '7 76:-30:0 OF^ICc OF Ty.° E.`IGiVE_'^.3 TCIvi1 OF SGUT3OLD BOND ESTIMATE FOR "WEST MILL" MILL ROAD, MATTITUCK SCTM: # 1000-106-09-04 MARCH 16, 1993 Revised March 31, 1993 ITEt4 QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. .6 ACRE CLEARING & GRUBBING $ 2,500.00 $ 1,500.00 2. 1,000 C.Y. UNCLASSIFIED EXCAVATION / ROUGH GRADING 6.00 6,000,00 Drainage 3: 2 EACH CATCH BASINS 3,000.00 6,000.00 9. 80 V, F. LEACHING BASINS 250.00 20,000.00 5. 130 L.F. 18" Dia. C.M.P. 30.00 3,900.00 6. 990 L.F. CONCRETE CURB 10.00 9,400.00 7. 1,700 S.Y. FINE GRADING 0.50 850.00 Surfacing 8, 290 TONS 3/9" STONE BLEND 25.00 7,250.00 9. 220 TONS ASPHALT BASE COURSE 90.00 8,8.00.00 10. 133 TONS ASPHALT WEARING COURSE 90.00 5,320.00 11. 25 EACH STREET TREES 200.00 5,000.00 12. 1,200 S.Y. TOPSOIL & SEED 5.50 6,600.00 13. 6 F.ACH CONCRETE SURVEY MONUMENTS 100.00 600.00 . 14.. 1 EACH STREET LIGHTS 2,000,00 2,000.00 15. 50 L.F. DIRECT BURIAL CABLE 2.00 100.00 16, 3 EACH STREET SIGNS 250.00 750,00 17. 1 EACH FIRE WELL 10,000.00 X0,000.00 18 JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2,000,00 SUB-TOTAL = $ 96,070.00 _ ~~r + 6% ADMINISTRATION FEE = 5,764.00 is ~ ~ a ~ TOTAL = $ 101,834.00 .'#2 1 9 i9a^ PLAY.^;.?+v HJ_'._~:9J_....• . ~x NHS RA'_':!OND L. JACOBS t~t'+ ~=n JA.`~S A. RICfiTER SIIP°-RI~TTEYDETT OF p ® < E.VGIVEE.~LVG sIG~-aYS ~,yol ~ ~,a0~- I:TS~=cxoR 76:-3140 76~-3070 OF3ICT OF TRi E.`TGiVcF.~ TCIv.T OF SOIIT$OLD MARCH 18, 1993 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: WEST MILL - Major Subdivision Mill Road, Mattituck SCTM # 1000-106-09-04 Dear Mr. Ward: As per your request, I have reviewed the final plans and bond estimate that were submitted for the above referenced sub3ivision. The plans have been revised to meet the minimum requirements of the highway specifications and are considered to be sa±isfactory. Enclose3 you will find a copy of the bond estimate that has been revised to reflect current standards. If you have any questions or require any additional information, please contact my office. 5'ncerely, ames Rich er, R.A. Enc: cc: Raymond L. Jacobs (Superinten3ent of Highways) ~p1 C ~ ~ 7 IJLI '•'AR 19 ~ ~ i~'q3 ; J: souryo! o t r~ rra.r~r~,~;.;o _ ~,p^~11'~fD(j CoG~ o PLANNING BOARD MEMBERS ~ " ~ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ij. ~ O~~ Supervisor George Ritchie La[ham, Jr. ~~~j ~'a Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (5 I6) 765-1823 April 13, 1993 Judith T. Terry Town Clerk Southold Town Hall Southold, New York 11971 RE': Proposed Major Subdivision "West Mill Subdivision" aka M. Paul Friedberg Mattituck SCTM# 1000-106-9-4 Dear Mrs. Terry: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, April 12, 1993: BE IT RESOLVED to adopt the bond estimate dated as revised March 31, 1993, and to recommend same to the Town Board. The bond estimate is in the amount of $96,070.00, with an inspection fee in the amount of $5,764.00. Sincerely, / /C~ g v`~~t /f Richard G: Ward Chairman Encl. ~ ~ fyo~~SQfFQ(,~~ot p~~~ Gy ~ ea NN G~ PLANNING BOARD MEMBERS S ~ k M ~ SCOTT L. HARRIS Bennett Orlowski, Jc, Chairman O ~ i A `r ry George Ritchie Latham, Jr. ~1~~ ;t1 Supervisor Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 1, 1993 Daniel C. Ross Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Proposed Major Subdivision "West Mill Subdivision" aka M. Paul Friedberg Mattituck SCTM~ 1000-106-9-4 Dear Mr. Ross: The Planning Board has reviewed the maps submitted on March 19, 1993 and the draft Declaration of Covenants and Restrictions submitted on January 29, 1993 for the above mentioned subdivision. The following changes must be made to the final map: 1. The area of Lot #7 that is not within the designated building envelope must be labeled as the "Agricultural Reserve Easement Area." 2. The 5' Pedestrian Access indicated on the map is no longer required as Lot #7 will be privately owned. Therefore, this area should be eliminated. The following changes must be made to the draft Declaration of Covenants and Restrictions before the Planning Board forwards the document to the Town Attorney for review (numbers refer to numbers in the draft document): 1. This sentence must be revised. to state that "There shall be no further subdivision of any lot in perpetuity." This subdivision has been designed as a cluster subdivision with the intent that there shall be no further subdivision. The sentence as written is not acceptable to the Board as it allows further subdivision if the Declaration is modified in the future. 3c. The Planning Board is not in favor of the draft wording "...which approval shall not be unreasonably withheld...." This sentence is to be revised as follows: "...which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board." 3d. This paragraph should also be revised to include the wording mentioned above. 4i. This paragraph must be revised. All structures, whether temporary or permanent, must be located within the building envelope designated for Lot #7. Therefore, this section is to be revised as follows: "All structures, whether temporary or permanent, shall be located within the building envelope as designated on the final subdivision plat for Lot #7. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Agricultural Reserve Easement Area. Fences are permitted subject to Planning Board approval. Please note also that a Homeowners Association must be formed to own the proposed road until such time that it is offered for dedication to the Town and accepted by the Town. Therefore, a draft of the By-laws must be submitted for review. Any approval of the subdivision will be subject to the filing of such By-laws. The Planning Board will be reviewing the Engineering Inspector's report dated March 18, 1993 and the bond estimate dated March 31, 1993 at the Board's April 12, 1993 public meeting. I have enclosed a copy of each for your review. These items are for your information only. They have not been adopted by the Planning Board. Also, the Board will be setting the final hearing for May 3, 1993. You will be notified of the time of the hearing under separate cover. Please contact this office if you have any questions regarding the above. Si~ncerel , Richard G. Ward ~tS Chairman Encl. ~~S~FfO(kCp ?~ae~F~cc ~ : ~ N(5 RAY:SOND L. JACOBS can n=i J1,.~5 A. RICfiTEF SUPERI:ITE.YD~7T OF p • EYGIVEE_RI,YG HIG2Sv"AYS '~.~0! ~ ,~.aO~ L`IS?ECTOR 765-3140 76:-3070 ' OFFICE OF TF.E ~tGi:IEcZ TCSv.I OF SOiP^dOLD MARCH 18, 1993 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: WEST MILL - MaSor Subdivision Mill Road, Mattituck SCTM # 1000-106-09-04 Dear Mr. War3: As per your request, I have reviewed the final plans and bona estimate that were submitted for the above referenced subdivision. The plans have been revised to meet the minimum requirements of the highway specifications an3 are considered to be satisfactory. Enclosed you will find a copy of the bond estimate that has been revised to reflect current standards. If you have any questions or require any additional information, please contact my office. S'ncerely, ames ich er, R.A. Enc: cc: Raymond L. Jacobs - (Superintendent of Highways) ~~pp~1 C f~ ~ o ~ ?{rte? LILI ~ ~~raR 1 9 I ~ PLar:rs:~c 2C~.:rp ~S~YfDj,~~, o , =c RAY:IOND L. JACOBS v~ _T JeL~S A. RIC&TER SUPERIVTrID&~iT Or O ~ C E.YGLVE3L`IG HIGaSv'AYS '~.fyQl x ~.~Q~ L~IS25CTOR 765-3140 763-3070 ' OF=ICE OF T~==' ~1GIVE? TCSv:I CF SOL='~OLD BOND ESTIMATE FOR "WEST MILL" MILL ROAD, MATTITUCK SCTM: # 1000-106-09-09 MARCH 16, 1993 Revised March 31, 1993 ITE24 QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. .6 ACRE CLEARING & GRUBBING $ 2,500.00 $ 1,500.00 2. 1,000 C.Y. UNCLASSIFIED EXCAVATION / ROUGH GRADING 6.00 6,000.00 Drainage 3. 2 EACH CATCH BASINS 3,000.00 6,000.00 9. 80 V.F. LEACHING BASINS 250.00 20,000.00 5. 130 L.F. 18" Dia. C.M.P. 30.00 3,900.00 6. 990 L.F. CONCRETE CURB 10.00 9,400.00 7. 1,700 S.Y. FINE GRADING 0.50 850.00 Surfacing 8. 290 TONS 3/4" STONE BLEND 25.00 7,250.00 9. 220 TONS ASPHALT BASE COURSE 90.00 8,800.00 10. 133 TONS ASPHALT WEARING COURSE 90.00 5,320.00 11. 25 EACH STREET TREES 200.00 5,000.00 12. 1,200 S.Y. TOPSOIL & SEED 5.50 6,600.00 13. 6 EACH CONCRETE SURVEY MONUMENTS 100.00 600.00 19.. 1 EACH ,STREET LIGHTS 2,000.00 2,000.00 15. SO L.F. DIRECT BURIAL CABLE 2.00 100.00 16. 3 EACH STREET SIGNS 250.00 750.00 17. ~ EACH FIRE WELL 10,000.00 10,000.00 18 JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2,000.00 SUB-TOTAL = $ 96,070.00 + 6% ADMINISTRATION FEE = 5,764.00 np ~ TOTAL = $ r~ ~ 0 V ~.~r' 101,834.00 .~R 19 ^ iy9~ A ~ ,i S W t~Fr~.E HS LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P. c. MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM MATTITUCK, LONG ISLAND MORTGAGE OFFICE ERIC J. eRE55LER NEW YORK 11952 ABIGAIL A, WICKHAM 516-298-5300 516-298-6353 TELEFA% NO. 516-298-2012 DANIEL C. RO55 LYNNE M. GORDON TELEFAX NO. 516-298-6565 JOSEPH C. SAVING HUBERT E SU LUVAN JANET GEASA March 18, 1993 Southold Town Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Attention: Mr. Richard ci. lirard, Chairman Ra.: Friedberg Subdivision SCTM~ 1000/106/9/4 Dear Mr. Ward: Enclosed please find 3 copies of the referenced map with the Health Department approval stamped thereon. We request this be placed on the April, 1993 calendar for conditional final approval. ry truly , ~L a iel Ross DCR:ic cc: Mr. M. Paul Friedberg L . 55friedpb ~ ~ g ~ p: s,;, ~ JoSUF~ac,~roo ~ f RAY:SOND L. JACOBS v°+ ~~i, JA.~S A. RICHTER SUPERI:ITr^-IDEIT OF p ? `F E.*IGLT3EE4PiG HIGHL~'AYS '~~Ol ~ ,~1VO~ L`ISPECTOR 765-3140 76~-3070 ' OF'ICE OF T°.~ F..`3GI~7Er:.Z TCw:I CF SOUT'3OLD BOND ESTIMATE FOR "WEST MILL" MILL ROAD, MATTITUCK SCTM: # 1000-106-09-04 MARCH 16, 1993 Revised March 31, 1993 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. .6 ACRE CLEARING & GRUBBING $ 2,500.00 $ 1,500,00 2. 1,000 C.Y. UNCLASSIFIED EXCAVATION / ROUGH GRADING 6,00 6,000.00 Drainage 3. 2 EACH CATCN BASINS 3,000.00 6,000.00 4. 80 V.F. LEACHING BASINS 250.00 20,000.00 S. 130 L.F. 18" Dia. C.M.P. 30.00 3,900.00 6. 940 L.F. CONCRETE CURB 10.00 9,900.00 7. 1,700 S.Y. FINE GRADING 0.50 850.00 Surfacing 8. 290 TONS 3/4" STONE BLEND 25.00 7,250.00 9. 220 TONS ASPHALT BASE COURSE 40.00 8,800.00 10. 133 TONS ASPHALT WEARING COURSE 90.00 5,320.00 11. 25 EACH STREET TREES 200.00 5,000.00 12. 1,200 S.Y. TOPSOIL & SEED 5.50 6,600.00 13. 6 F.ACH CONCRETE SURVEY MONUMENTS 100.00 600.00 19. 1 EACH STREET LIGHTS 2,000.00 2,000.00 15. 50 L.F. DIRECT BllRIAL CABLE 2.00 100.00 16. 3 EACH STREET SIGNS 250.00 750.00 17. 1 EACH FIRE WELL 10,000.00 10,000.00 18 JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2,000.00 SUB-TOTAL = $ 96,070.00 R pp M + 6y. ADMINISTRATION FEE = 5,764.00 D L5 ~ I5 U ll ~ Ti~TAL = $ 101,834.00 '.x~AR 19 i99'U . ~gUEFO(k~~ ~ ?,s~ C~Fr ~e a ~ Nt5 RAYMOND L. JACOBS t~t~ n=i JA.~S A. RICHTER SUPERINTE`IDFVT OF Q i E:*IGLNEERL`IG gl~y;Ayg 'jyo! ~ r~Q~ LvSPECTOR 765-3140 765-3010 ' OFFICE OF TEE E`1GZ:IE TCwiI OF SOUTIiOLD MARCH 18, 1993 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New Yor k 11971 Re: WEST MILL - Major Subdivision Mill Road, Mattituck SCTM # 1000-106-09-04 Dear Mr. Ward: As per your request, I have reviewed the final plans and bond estimate that were submitted for the above referenced subdivision. The plans have been revised to meet the minimum requirements of the highway specifications and are considered to be satisfactory. Enclosed you will find a copy of the bond estimate that has teen revised to reflect current standards. If you have any questions or require any additional information, please contact my office. 5'ncerely, ames ich er, R.A. Enc: cc: Raymond L. Jacobs (Superintenden.t of Highways) MAR 191993 P~.tirrr;n4; r-; _ _ ~S~FFO(K~oG RAYMOND L. JACOBS N T JA~~S A. RICHTER SUPERINTEIDI~^IT OF p • ENGINEERING HIGHSrAYS 'y9yo1 ~ raO~' L~TSPECTOR 765-3140 765-3070 ' OFFICE OF TnE E`1GIYEE'~ TCtw'N OF SOUTHOLD BOND ESTIMATE FOR "WEST MILL" MILL ROAD, MATTITUCK SCTM: # 1000-106-09-04 MARCH 16, 1993 ITEM 4UANTITY DESCRIPTION UNIT PRICH AMOUNT 1. .6 ACRE CLEARING & GRUBBING $ 2,500.00 $ 1,500.00 2. 1,000 C.Y. UNCLASSIFIED EXCAVATION / ROUGH GRADING 6.00 6,000.00 Drairiag@ 3. 2 EACH c:ATCH BASINS 3,000.00 6,000.00 4. 80 V.F. LEACHING BASINS 250.00 20,000.00 5. 130 L.F. l8" Dia. C.M.P. 30.00 3,900.00 6. 990 L.F. CONCRETE CURB 10.00 9,900.00 7. 1,700 S.Y. ]?INE GRADING 0.50 850.00 Surfacing 8. 290 TONS 3/4" STONE BLEND 25.00 7,250.00 9. 220 TONS ASPHALT BASE COURSE 90.00 8,$00.00 10. 133 TONS ASPHALT WEARING COURSE 90.00 5,320.00 11. 25 EACH STREET TREES 200.00 5,000.00 12. 1,200 S.Y. TOPSOIL & SEED 5.50 6,600.00 13. 6 EACH CONCRETE SURVEY MONUMENTS 100.00 600.00 19.. 1 EACH STREET LIGHTS 2,000.00 2,000.00 15. 50 L.F. DIRECT BURIAL CABLE 2.00 100.00 16. 3 EACH STREET SIGNS 250.00 750.00 17. 2 EACH FIRE WELL 10,000.00 20,000.00 18 708 MAINTENANCE & PROTECTION OF TRAFFIC - 2,000.00 SUB-TOTAL = $ 106,070.00 + 6% ADMINISTRATION FEE = 6,364.00 D ~ ~ ~ ~ d ~ ~ TOTAL = $ 112,439.00 ~ ~ 91993 SOLiT~ iIF-'_ PLF^1"' {y°J~"~.~~~~ "~p~ , ua t"'.:: a PLANNING BOARD MEMBERS u. ~ nti SCOTT L. HARR{S Bennet[ Orlowski, Jr., Chairman ~A ~ Supervisor George Ritchie Latham, Jr. ' .?,''d Richard G. Ward ~ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1 179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (5 I6) 765-1823 March 18, 1993 John A. Keogh, Secretary Mattituck Fire District Pike Street Mattituck, New York 11952 RE: Proposed Major Subdivision "West Mi11 Subdivision" aka M. Paul Fredberg Cox Neck Road, Mattituck SCTM?k 1000-106-9-p/o 4 Dear Mr. Keogh: In a letter dated July 1, 1991, the Mattituck Board of Fire Commissioners recommended that two submersible wells be installed for the above mentioned proposed subdivision as shown on the enclosed copies of the map. The developer has recently revised the proposal to eliminate one lot and the northern most proposed road. In its place, a 50' right-of-way has been set aside for future dedication to the Town should such be required if and when the adjacent land to the west is developed. I have enclosed two copies of the map for your review. Please notify this office as to whether two firewells are still recommended. If so, please include your justification for such. Sincerely, vv r ~Ll~l k)- Melissa Spi o Planner 3~a6~`1~ -~a>ke ~ !l~r, ke~., Encl. Ore w~z,(.\ ~4S P~~m~~ca.~P~. e4ler ~5 t~~ ~i~ ~ 7~c~ a- ^i j~ v G~.ac~~s7, ~ ~ 4d S , PLANNING BOARD MEMBERS y " ` w~ F ~ ~ ~ sf .SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman _1 ~ , ' Supervisor George Ri[chie Latham, Jr. sY~~t .~~`',~t~~~ Richard G. Ward ~~uL' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (Sl6) 765-1823 Feb~uar~ a5, (99~ James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: West-/~;~1 ~~leDwts~n-n ak.g M.?ol hr;e~.~era Tax Map No.: 1000- I -q-y Street Location: ~QrL Hamlet Location: (Y)~;f~G~. Type of Application: Sketch Subdivision Map (Dated / 1 ) Pre hminarv Subdivision Map (Dated / / ) X Final Subdivision Map (Dated ~ /~q /43 )~~ece,,,ec~.~afe Road Profiles (Dated c / i/ j Q-3) Grading and Drainage Plans (Dated / / ) X tither F~.nc,~~. (Dated i / c2 /9 ) Sketch Site Plan (Dated / / } Preliminary Site Plan (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) Comments : ~t ~P_a.sn to v;a ~ ~ naQ k~ ~c ~ s am~ ~onc~ ~5~1 mn~ Contact Person: 1)U~SS A ~~Rt~ • ~ ~ .IS~w~!°~GGE LAW OFFICES ' U WICKHAM, WICKHAM &BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J. BRESSLER NEW YORK 11952 ABIGAIL q. wICKHgM - 516-296-5300 516-29B-B 353 TELEFq% NO. 516-296-2012 DANIEL C. RO55 TELEFAX NO. 516-29B-B 565 LYNNE M. GOROON JOSEPH C. SAVING HUBERT F. SU LLIVAN JANET GE45A January 28, 1993 Southold Town Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Attention: Ms Melissa Spiro xa.: 8ri®dberq subdivisioa SCTM~ 1000/106/9/4 Dear Melissa: This is further to my correspondence of January 19, 1993 and in response to your telephone call of January 28, 1993. Enclosed is another set of the map and road profile with my previous correspondence x'Y Y ~ ~ i s 1 DCR:ic v cc: Mr. M. Paul Friedberg 55friedpb ~(~4 ~~..i'._.._ ~r}; E 1' ~~R~ I Z ~ s U~ 1 • . .Sur3Fic,~' ~'2S Uw OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD. P.O. BO% 1424 MATTIT UGK, LONG ISLAND WILLIAM WIC NMAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESSLER ABIGAILA. WICKHAM 516-$9H-5300 516-296-6353 TELEFAx NO. 516-298-2012 DANIEL C. RO55 TELEFAX NO. 516-296-6565 LYNNE M. GORDON JOSEPH G SA VINO H UBERT F. $ULLIVAN JANET GEASA cc January 19, 1993 ,r, ' v , ~2919~ Southold Town Planning Board Town Hall, 53095 Main Road , Southold, New York 11971 ~pLANNI, Attention: Mr. Richard (i. Aard, Chairman Re.: Friedberg subdivision SCTM/ 1000/106/9/ Dear Mr. Ward: This will acknowledge your correspondence of January 6, 1993 regarding the referenced matter. Enclosed please find the following: 1. Amended Map reflecting the super lot approach; 2. Amended road profile; 3, Proposed Covenants and Restrictions; 4. Bond Estimate. THE MAP With respect to the map we will designate on lot 7 "Agricultural Reserve Easement Area". The public access between lots 5 and 6 will be eliminated. We intend to extend lot 6 inasmuch as that lot will be encumbered by the scenic buffer. The language that was requested to be shown on the map regarding access over the right of way is in the Covenants and Restrictions and will be included on the map. THE COVENANTS AND RESTRICTIONS The proposed Covenants and Restrictions are enclosed together with a black line copy showing the changes from the Hunt Covenant and Restrictions to the Friedberg proposed Covenants and Restrictions. Certain Covenants and Restrictions were required by the Board's November 19, 1991 1 grant of preliminary approval. Referring to the Board's / November 19, 1991 correspondence, please note item 1,2 and 4 are contained in the proposed Covenants and Restrictions submitted herewith and item 3 seems superfluous and has not been included. Very truly yours, Daniel C. Ross DCR:ic cc: Mr. M. Paul Friedberg 55friedgb ti 2 ~ ~ p~~_ L~ LAW OFFICES WICKHAM, WICKHAM &BRESSLER, P. c. MAIN ROAD. P.O. 80X 1424 ' ' MATTITUCK. LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE NEW YORK 11952 ERIC J. BRESSLER - 516-298-5300 ABIGAIL A. WICKHAM TELEFA%NO. 516-298-2012 516-298-8353 DANIEL C. RO55 TELEFA% NO. 516-298-8565 LYNNE M. GORDON JOSEPH C. SAVING HUBERT F. SU LLIVAN JANET GEASA January 28, 1993 Southold Town Planning Board Town. Hall, 53095 Main Road Southold, New York 11971 Attention: Ms Melissa Spiro Re.: Friedberg 8ub8ivision 8CTM# 1000/106/9/4 Dear Melissa: This is further to my correspondence of January 19, .1993 and in response to your telephone call of January 28, 1993. Enclosed is another .set of the map and road profile with my previous correspondence f.~ ry tru y" 1 ,.yo~ s;fT ~ F ' ~ ~ ~ e~G . s"/; ! ~ ~ ~ DCR:ic u cc: Mr. M. Paul Friedberg 55friedpb ~!i~ S~e i ~.,j 1~ ~P~' 9 EI 1 ~ ~ s~F~~ i~ UW OFFICES / WICKHAM, WICKHAM &BRESSLER, P.c. MAIN ROAD. P.O. BOX 1424 - MATTIT VCK, LONG ISLAND WILLIAM wIGKHAM - MORTGAGE OFFICE NEW YORK 11952 ERIC J. BRESSLER - 516-296-5300 ABIGAIL A. wICKRAM 516-290-8353 TELEFAx NO. 516-29 B-2012 DANIEL C. RO55 - TELEFA% NO. 516-290-8565 LYNNE M. GORDON JOSEPH C SAVING HUBERT F. SULLIVAN _ Janua 19 1993 ~~is JANET GEASA ~ ' ~ ~{~...~s~°'~ i~~~ i~ s ..F:~'3 Southold Town Planning Board Town Hall, 53095 Main Road Southold, New York 11971 PLANNti~'b Attention: Mr. Richard (i. Ward, Chairman Re.: Friedberg 8ubdiv3sion SCTM/ 1000/106/9/ Dear Mr. Ward: This will acknowledge your correspondence of January 6, 1993 regarding the referenced matter. Enclosed please find the following: 1. Amended Map reflecting the super lot approach; 2. Amended road profile; 3, Proposed Covenants and Restrictions; 4. Bond Estimate. THE MAP With respect to the map we will designate on lot 7 "Agricultural Reserve Easement Area". The public access between lots 5 and 6 will be eliminated. We intend to extend lot 6 inasmuch as that lot will be encumbered by the scenic buffer. The language that was requested to be shown on the map regarding access over the right of way is in the Covenants and Restrictions and will be included on the map. THE COVENANTS AND RESTRICTIONS The proposed Covenants and Restrictions are enclosed together with a black line copy showing the changes from the Hunt Covenant and Restrictions to the Friedberg proposed Covenants and Restrictions. Certain Covenants and Restrictions were required by the Board's November 19, 1991 1 grant of preliminary approval. Referring to the Board's November 19, 1991 correspondence, please note item 1,2 and 4 are contained in the proposed Covenants and Restrictions submitted herewith and item 3 seems superfluous and has not been included. Very truly yours, Daniel C. Ross `DCR is cc: Mr. M. Paul Friedberg 55friedpb I 2 i i i • ~ p~ • LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. VVV MAIN ROAD, P.O. BOX 1424 MATTIT UC K, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BREBBLER ABIGAIL A. WICKHAM 516-298-5300 516-296-8353 TELE FAX NO. 516-29 B-2012 DANIEL C. RO56 TELE FAX NO. S16-298-8565 LYNNE M. GORDON JOSEPH C. SAVINO H UBERT F. SULLIVAN JANET GEASA January 19, 1993 Yr=.e~-~............~r.~.~.e....~......a......~ D C4 8W M,r~ Southold Town Planning Board ~ D Town Hall, 53095 Main Road ~ Z 2 Southold, New York 11971 LD TG'NPd IN BOARD Attention: Mr. Richard 4. Ward, Chairman Re.s 8riedberq 8ubdiviaion BCTM~ 1000/106/9/4 Dear Mr. Ward: This will acknowledge your correspondence of January 6, 1993 regarding the referenced matter. Enclosed please find the following: 1. Amended Map reflecting the super lot approach; 2. Amended road profile; 3. Proposed Covenants and Restrictions; 4. Bond Estimate. THE MAP With respect to the map we will designate on lot 7 "Agricultural Reserve Easement Area". The public access between lots 5 and 6 will be eliminated. We intend to extend lot 6 inasmuch as that lot will be encumbered by the scenic buffer. The language that was requested to be shown on the map regarding access over the right of way is in the Covenants and Restrictions and will be included on the map. THE COVENANTS AND RESTRICTIONS The proposed Covenants and Restrictions are enclosed together with a black line copy showing the changes from the Hunt Covenant and Restrictions to the Friedberg proposed Covenants and Restrictions. Certain Covenants and Restrictions were required by the Board's November 19, 1991 1 • i grant of preliminary approval. Referring to the Board's November 19, 1991 correspondence, please note item 1,2 and 4 are contained in the proposed Covenants and Restrictions submitted herewith and item 3 seems superfluous and has not been included. e. , an a C. Ros DCR:ic cc: Mr. M. Paul Friedberg 55friedpb 2 ROOERICK VAN TUYL IL.S.1 CO LIN VAN TUYL RODE RICK VAN TUYL, P. C. Licensed Land Surveyors 218 FRONT STREET GREENPORT, NEW YORK 11944 (516) 477-0770 1 / 12 / 9 3 BOND ESTIMATE FOR "WEST MILL" SUBDIV.,MATTITUCK (1000-106-9-4) ITEM DESCRIPTION UNIT PRICE QUANTITY AMOUNT 1. Clearing & Grubbing $2500. 0.6 acre $1500. 2. Rough grading/ Unclassified excavation 6. 1000C.Y. 6000. 3. Concrete curbing 10. 940 Ft. 9400. 4. Fine grading 1.50 1300S.Y. 1950. 5. Catch basins 3500. 2 7000. 6. Leaching basins 250. 80 V.Ft. 20000. 7. 18" RCPipe 30. 225 Ft. 6750. 8. Base course (4"stone blend) 25. 290 Tons 7250. 9. Binder course (2%2" asphalt) 60. 220 Tons 13200. 10.. Wearing course(1%2" asphalt) 60. 133 Tons 8000. 11. Street trees 200. 25 5000. 12. Street signs 250. 1 250. 13. Concrete monuments 100. 6 600. 14. Street lights 2000. 1 2000. 15. Direct burial cable 2. 50Ft. 100. 16. Fire well 10000. 2 20000. 17. Topsoil & seed 30. 1200S.Y. 36000. 18. Maint. & Traffic prot'n. Job 5000. Sub-total 150000. 6% Administration Fee 9000. Total 159000. t To Town Highway Inspector ~ ~ ~ Dan Ross, Esq. J ~ TOWN 1 BOARD 114'7~PC565 ~ ~ ~ ~ ~~~~nw Y" _ - ' DECLARATION M hr~U~ k~:~1Ft~Gr`RC- 3 DECLARATION made the day of i 199-, by~p}- 6 ~gth S±,-eel, Ivy---' rte` l 77 T.-. 1.....1 T~ J rest ing at ~~-'-3~ -,zvrsvr:r rv~ic-a8izl., ~atrtva3d; New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth rpp v in Schedule "A" annexed hereto, and 0(0900 WHEREAS, the Declarant has made application to the Planning o S no Board of the Town of Southold for approval to subdivide the said c~~'7QOV ~/YUn.D real property into ~-T parcels, ribed__as--set rn-~~r--"~ azn~~.--~~, and WHEREAS, for and in consideration of the granting of c.a-it~- ~ ~~v,~! ~ pproval, the Planning Board of the Town of Southold has deemed it ro to be in the best interests of the Town of Southold and the owner /S - and prospective owners of said parcels that the within covenants _ and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein D [~0 b~ ,ni 2 a? so„ r , , c~, _ • ( - • C 114~~PC~ss 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: i. That there shall be no further subdivision of any lot in ~.r y 2. Tha'~`~tf~~~ the area on the subdivision map designated JSC~-r~_~~-~--`_" is designated as such to provide a buffer area between the proposed subdivision and the existing ~ie•t. o~d .c~~ shall remain in its natural stater maintenance of GT1ZJ natural vegetation shall be th~e1 o~nfly use or activity allowed /'MGR i~~c hi'-~ ~.:`,;;..-1M W~i~ t ; r.-..1 ....1c Li--v,"'~?,y-~L.~-~ _..l? V.l,• 3. That the use and development of the portion of Lota~-t-bra-t 7 i3 designated "Agricultural Reserve Easement Area'^ `~'s_=~fcrever be restricted to some or all of the following: F-~„~e.4.~~.~ a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees • 114'74PG56'7 • ~ • ~ and flowers); and all other farm products; ' b) Open fallow; ~ __i,,,~;~ c) Operations encompassing /livestock and livestock products (including cattle, sheep, goats, horses and pouletry)'w}rititi - - subject to approval by~the Planning Boa-rd~; iwe~' d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable ~teeesaarq by the Planning Board and which are subject to approval n ~ ~ by the Planning Board. ~"°~~'''''`~~f~r~ ? ~ 4. That the following sh~a 1 be adhered the Agricultural Reserve Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation or loss of the aesthetic open space and agricultural value of said premises: a) If at any time the ownership of the area shall change, or the use of the area shall be Chan ed from the use present at the time of subdivision approval, ( ~sree-fei~ or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. 134'74P~568~ ~ ~ ~ ' b) No regrading shall be conducted thereon; the natural ' contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other rights of way for non- farming vehicular use shall be constructed of granted thereon. f) Except as may"~e required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed destroyed, cut or removed therefrom. g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement or. display. i) Temporary or permanent structures or buildings shall not be placed or erected within or upon the said premises without Planning Board approval. Structures (including, but not limited 114'~4PG569 ~ ~ . ~ . to fences) or buildings which are deemed reasonably necessary as ' accessory buildings or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval. 5. That the Declarant reserve the right to the exclusive use and possession of the area known as the Agricultural Reserve Easement Areas, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use of or entry upon the said Agricultural Reserve Easement, except / that the town shall have the continuing ri ht to inspect the said ~.:~:01.:~ -!li.~ a.oa ° 4r,7Gt.;,,., 't.'~ I..?,_~. ~',yweQ-Wk'- area Ito the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times. g,Ff That these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. That in addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, their heirs, : ~ 11q~4PC5'70 ~ ~ ~ executors, legal representatives, distributees, successors, and assigns, to enforce the conditions and restrictions of these covenants. ~D,8~ That the within Declaration cannot be annulled, waived, changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Cl/Vlu~- ICJ • 7~t~C~7~ ~ _ -7,LOts 7 and 9 shall have a common driveray upon th• fifty toot right-of-ray rhiah is presently a part of lot 8 and shall have access over said fifty foot right-of-ray together rith others upon acaeptanc• by the Torn of the fifty foot right-of-way !or roadnpurrposes. COUNTY OFNSUFFOLK• ~ ~ P~-~+~- r`~-`f'~~"~ O e e'~• day of 199-, before me personally came Mr~b"'T to me known o be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. Notary Public R. a CUSI~R ~rY ~F of N York Na! X769 • Ilea ~0 9y _ _ DR~Fr ~F ~~Q~3 ~ ' DECLARATION (1; ~ ~ ~ CCC J U L.f' U . DECLARATION, made the day of , 1993, by M. PAUL FRIEDBERG residing at 116 88th Street, New York, New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Southold, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide the said real property into nine (9) parcels, and WHEREAS, for and in consideration of the granting of subdivision 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 parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described 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. That there shall be no further subdivision of any lot except as may be permitted in accordance with paragraph 8 of these covenants and restrictions. 2. That the area on the subdivision map designated "Scenic Buffer" is designated as such to provide a buffer area between the proposed subdivision and the existing road and shall remain in its natural state and maintenance of the natural vegetation thereon shall be the only use or activity allowed. 3. That except as may be permitted in accordance with these covenants and restrictions the use and development of the portion of Lot 7 designated "Agricultural Reserve Easement Area" outside the area enclosed by the Building Envelope shall forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) Open fallow; c) Operations, encompassing the maintenance of livestock and livestock products (including cattle, sheep, goats, horses and poultry) subject to approval by the Planning Board which approval shall not be unreasonably withheld; d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable by the Planning Board and which are subject to approval by the Planning Board. 4. That the following shall be adhered to on that portion of lot 7 outside the Building Envelope which is designated the Agricultural Reserve Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation of loss of the aesthetic open space and agricultural value of said premises: a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval, (farming) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. b) No regrading shall be conducted thereon: the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be place thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other right of ways for non-farming vehicular use shall be constructed of granted thereon. f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed destroyed, cut or removed therefrom. g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. i) Temporary or permanent structures or buildings shall not be placed or erected within or upon the said premises without Planning Board approval. Structures (including, but not limited to fences) or buildings which are deemed reasonably necessary as accessory buildings or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval. 5. That the Declarant reserve the right to the exclusive use and possession of the area known as the Agricultural Reserve Easement Areas, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use or entry upon the said Agricultural Reserve Easement, except that the Town shall have the continuing right to inspect the said area outside the area included within the Building Envelope to the extent reasonably required to monitor compliance with the covenants, terms and provisions and ensure same have not been violated, such inspection to be at reasonable times. 6. Access to Lots 1,6,7 and 9 shall be by way of Selah Lane or the designated right-of-way and not directly onto Cox Neck Road. 7. Lots 7 and 9 shall have a common driveway upon the fifty foot right-of-way which is presently a part of Lot 8 and shall have access over said fifty foot right-of-way together with others upon acceptance by the Town of the fifty foot right-of-way for road purposes. 8. That these covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 9. That in addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, their heirs, executors, legal representatives, . distributees, successors, and assigns, to enforce the conditions and restrictions of these covenants. l0. That the within Declaration cannot be annulled, waived, changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. M. PAUL FRIEDBERG STATE OF NEW YORK) COUNTY OF SUFFOLK: On the day of 1993, before me personally came M. Paul Friedberg tome known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed same. NOTARY PUBLIC 55friedc&r ~~o~~gUFFO~ o PLANNING BOARD MEMBERS rn _ O SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ~ q~~ Supervisor George Ritchie Latham, Jr. QI ~a Richard G. Ward Town Hall, 531)95 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (5 I6) 765-1823 Jamtary 6, 1993 llaniel C. Ross Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Proposed Major Subdivision of "West Mill Subdivision" (M. Paitl Friedberg) Mattituck SCTM# 1000-106-9-4 Dear Mr. Ross: The Planning Board has reviewed your letter dated November 12, 1992, and your subsequent meeting of December 22, 1992, with Melissa Spiro, in regard to revising the layout of the above mentioned subdivision to include the clustered open space into one large buildable lot. It is understood that you have proposed to revise the map as follows: 1. To create a "large lot" with one building envelope on the south side of what is currently shown as Joshua Way. The Planning Board is in favor of the above mentioned revision. The Board will be requiring a Declaration of Covenants and Restrictions for the "large lot" similar to the Declarations for Mattituck Creek Estates and Puritan Farms, copies of which were given to you at the December 22nd meeting with Ms. Spiro. In addition, the building envelope must be designed to accommodate all structures proposed. for the "large lot". Front, rear and side yard setbacks must be designated for the building envelope. ''West Mill Subdivision" January 6, 1993 Page 2 2. To indicate a fifty (50) foot wide right-of-way for future dedication to the Town, rather than to construct, or to post a performance guarantee, for the construction of what is currently shown as Joshua Way. The Planning Board is also in favor of the above. The lot currently shown as Lot #9 should be designed as a flag lot that includes the 50 foot right-of-way. (See enclosed sketch for clarification.) It should also be stated on the map, and in a Declaration of Covenants and Restrictions, that Lot #9, the lot currently shown as Lot #10 and the "large lot" are to have a common driveway over the 50 foot right-of-way, and are to have access over any future road that is constructed within this right-of-way. The Board will also be requiring that the dedication papers for the 50 foot wide right-of-way be made available to the 'Town in perpetuity. Upon submission of revised maps in accordance with the above, the Board will proceed with their review. The final hearing will not be scheduled until the Board has received revised maps with a valid stamp of Health Department approval. Please contact this office if you have any questions regarding the above. Very truly yours, /,/L~M •V~~1 Richard G. Ward Chairman Encl. WEs ~ ~it-L- ~t~e~c~~vt51D~' µ r t b6 - ' Pln ~ :;u0 P t~ I. N s s T 1 \ \ \ 1 N,2E~ E 7t8.g6 { rt.cbp2:# CCJ E. X28.74 ' 19.16 _ _ _ 1.22`31 O(~~E. _~.,~,__^.,_..__.___-.-.___-_____------•-t--102.35 _ 122.90. 50.0~.~-.155.4 ~t6.Si - , t ~ ~ ut ~ ~ , . _ t~ N 21 Pt 1 i ~ O ac ~ i i (III ~ i hf t v~ 4 i.~ tt S 1 ~ ~ i ~ _ 'C~p,cu ~ 4 F i sj - -i 0 Envelor~ ~ ~j ~ f: t95.O W _ Ffon~ s~dz ~t- b I ti u~ . - _ i ` ~ 4) ~ i ~/\C~ year yard. ~ . ~iC'.-C~anC ~ ~j ' O ~ J1 O ~ -J>~ 1 5 ~ iU ~ ?,CJ ~ t0: O i ~ ~ roM„~N fib • h° ~ (p ~ u,~,ss ni 'cJ I `I i~ 3CFNiG `'C;~S~~ ~.~~~~2~ 5CENtG t~ bt Jl 22.51 Buf%FEK 9~D L.p Sut'ReK o ~ jE t?,,~.br, `~~~,~~.o I ro,C~L_ 2Qp'v ~OYYKH IAP 'Urt6 trY A.i1J(: . j.1iL.~- J.---.-'-~---_.-..__.~ ~-~Pat.B (P2oP'D SrtZ~s~r.3.IGNr}^' i~0JLt~.d ' (1N5to& CutZ$ LINE FVR AL4 >.o-C5 b. ~ " _ f~q~r,UFfD(k ti~ ` Oy ~ r [t ~e o: PLANNING BOARD MEMBERS y _ ~ '3 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie La[ham, Jr. ~`~®.r5' Richard G. Ward ~~~~y!t''~ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards pLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 24, 1992 Daniel C. Ross Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision M. Paul Friedberg SCTM#1000-106-9-4 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November. 23, 1992. BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from November 18, 1992 to May 18, 1993. Please note that this is the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman ~ r ~U~~ Pry LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUC K, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE NEW YORK 11952 ERIC J. BRESSLER 516-298-5300 ABIGAIL A. WICKHAM 516-298-0353 TELEFAX NO. 516-298-2012 DANIEL C. ROSS TELEFAX NO. SI6-290-8565 LYNNE M.GORDON JOSEPH C. SAVING HUBERT F. SU LLIVAN KA REN J. HAGEN November 12, 1992 Southold Town Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Attention: >lLr. Bennett Orlowski, Jr., Chairman Re.: Friedberg subdivision SCTM~ 1000/106/9/4 Dear Mr. Orlowski: This is to request the Board consider an amendment to the referenced map that received preliminary approval on November 19, 1992. The proposed amendment is to merge the open space with one of the lots to create a "super lot". The purpose being to allow for the use of the open space for agriculture or maintaining horses. Presently, the property is being farmed by Mr. Cooper who also farms the property to the West. we would anticipate merging the open space with lot 7 or 8. Let me know if the Board will entertain such an amendment and, if so, whether it has a preference as to lot 7 or 8. lery * o'' s, C. o DCR:ic cc: Mr. M. Paul Friedberg 55friedpb , fi _.w.~.~-°' SuB~t/C.~ UW OFFICES ~ ? WICKHAM, WICKHAM &BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUC K, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM 516-298-5300 516-298-0353 TELEFA% NO. 516-298-2012 DANIEL C. RO55 TELEFAX NO. 516-298-8565 LYNNE M. GORDON JOSEPH C. SAVINO HUBERT F. SU LLIVAN KAREN J. HAGEN November 10, 1992 Southold Town Planning Board Town Hall, 53095 Main Road Southold, New York 11971 7lttantioa: Mr. Bannatt Orlowski, Jr., Chairman Aa.: Priadbarq Subdivision 8CTlI~ 1000/106/9/4 Dear Mr. Orlowski: Preliminary approval in the referenced matter was granted on November 18, 1991 and extended from May 18, 1992 to November 18, 1992. We have been and are continuing to pursue Health Department approval and request an additional extension of the preliminary approval. ry tr y ours, jDaniel C. Ross DCR:ic cc: Mr. M. Paul Friedberg ~ ~ rL t, ~ , ~ s~ ~9 ~ m W 55friedpb ~ • i Q~~SOFFO(~-~O o=ff Gy~c PLANNING BOARD MEMBERS W ~ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ~ ® ~ Supervisor George Ritchie Latham. Jr. y4J~ ~O~ Richard G. Ward ~ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 b]ay 27, 1992 Daniel C. Ross Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision West Mill Road (M. Paul Friedberg) Mattituck SCTM# 1000-106-9-4 Dear Mr. Ross: This letter is to confirm the conversations you have had with Melissa Spiro of this office in regard to the above mentioned subdivision. The Board has reviewed the possibility of eliminating the Northern road that taps to the adjacent property of the Cooper family. At this time the Board is not in favor of eliminating the tap. Upon receipt of the final submission, the Board will proceed with their review. Please contact this office if you have any questions regarding the above. Very truly yours, ,~i.~u~C2~L,,~ / Bennett Orlowski, Jr~~ ''~S Chairman O~~gpFFO(,~~0 o~ : G~~ PLANN~NG BOARD MEMBERS y Z SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman '>s !'F Supervisor George Ritchie Latham, ]r. ~Ql ~ ~a0 Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box t 179 Kenneth L. Edwards Southold, New York 11971 PLAPiNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 May 19, 1992 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision West Mill Road (M. Paul Friedberg) SCTM# 1000-106-9-4 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 18, 1992. BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from May 18, 1992 to November 18, 1992. Preliminary approval was granted on November 18, 1991. Please contact this office if you have any questions regarding. the above. Very truly yours, lrng Bennett Orlowski, Jr. Chairman 1 LAW OFFICES ~L' WICKHAM, WICKHAM &BRESSLER, P.c. ~,j MAIN ROAD, P.O. BOX 1424 MATTITUC K, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J. BRESSLER NEW YORK 11952 _ ABIGAIL A. WICKHAM 516-298-5300 516-298-6353 TELEFAX NO. 516-298-2012 DANIEL C. RO55 TELEFAX NO. 516-298-8565 LYNNE M. GORDON JOSEPH C. SAVINO HUBERT F. SULLIVAN KAREN J. HAGEN May 4, 1992 Southold Town Planning Board P.O. Box 1799 Southold, New York 11971 Attention: Bennett Orlowski, Jr., Chairman Re: West Mill Road Subdivision SCTM No. 1000/106/9/4 Dear Mr. Orlowski: We request on behalf of the applicant an extension of the preliminary approval granted November 18, 1991 with respect to the referenced subdivision. The preliminary approval extension expires on May 15, 1992. We are in the process of obtaining Health Department approval and hope to have that completed prior to any adjourned expiration date. v ry ru you s, Da DCR:vm o ~ pan MAY ' S I~ 0 SOUTNOLD TOWN PUNNING BOARD C LAW OFFICES WICKHAM, WICKHAM & BRESSLER, F.C. d2,~~ MAIN ROAD, P.O. BOX 1424 MATTITUC K, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J. DRESS LER NEW YORK 11952 ABIGAIL A. WICKHAM 516-299-5300 516-296-8353 TELEFAX NO. 516-298-2012 DANIEL C. RO55 TELE FAX NO. 516-298-6565 LYNNE M. GORDON JOSEPH C. SAVING H UBERT E SULLIVAN KAREN J. HAGEN January 17, 1992 Southold Town Planning Board Town Hall P.O. Box 1179 Southold, N.Y. 11971 Attention: Bennett J. Orlowski, Jr., Chairman Re: West Mill Road Major Subdivision SCTM No. 1000/106/9/4 Dear Mr. Orlowski: The applicant requests the Board consider either amending the preliminary approval of the referenced subdivision or agreeing to a change on the final map. The requested change is the elimination of the Northern road. In connection with the elimination of the road, we propose lot 7 be combined with the open space to form a super lot. Lot 8 would remain as a separate lot but its use would be limited to agricultural use. Specifically, Mr. Friedberg would like to retain, with respect to lot 8, the right to place a barn on lot 8 for use by the Homeowners Association or by the owner of another lot in the subdivision. The plan is to provide for such usage so the people who ultimately live in the subdivision can keep horses close to their homes if they so desire. By allowing the barn on lot 8, the issue of a structure on the open space is avoided. Lots 8 and 9 would be converted to flag lots. Mr. Friedberg is interested in moving toward final approval but N ~ gppRD desires to eliminate the Northern road. We look forward to your response. V ruly yo , aniel C. DCR:vm friedp1n80 cc: Mr. M. Paul Friedberg ~ ~ 1~~~~gUFFO[~-c PLANNING BOARD MEMBERS ~ ~ ~ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y a raA ~ 's Supervisor George Ri[chie Latham, h. ~ ~~~fll ~ b Richard G. Ward ~ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 19, 1991 Daniel C. Ross Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision West Mill Road (M. Paul Friedberg) Mattituck SCTM# 1000-106-9-4 Dear Mr. Ross: The following took place at a meeting of the Southold Town Planning Board on Monday, November 18, 1991: The preliminary hearing, which was held at 7:30 P.M. was closed. The following resolution was adopted: BE IT RESOLVED that. the Southold Town Planning Board, grant preliminary approval on the maps dated November 4, 1991. The Planning Board is requiring that a Declaration of Covenants and Restrictions be filed stating that: 1. Access to Lots Numbered 1, 6, 7 and 10 shall be from the interior roads only. 2. The scenic buffer shall be either left to grow in its natural state. 3. The five (5) foot pedestrian accessways, as shown on the final subdivision map, shall be maintained in a manner so as to provide unobstructed access to the open space area. Page 2 West Mill Road Subdivision November 19, 1991 4. A paragraph stating that "These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required." Final plans containing Health Department approval and the items listed below must be submitted within six (6) months of the date of preliminary approval. If such items are not so submitted, or an extension of time is not requested by the applicant and granted by the Planning Board, approval of the preliminary plat may be revoked by the Planning Board. The final hearing will not be scheduled until all items are submitted and accepted by the Planning Board. The following items are required: 1. Final maps with a valid stamp of Health Department approval (5 paper prints and 2 mylars). 2. Final drainage plans and road profiles (6 copies) 3. A Draft bond estimate, which will be reviewed by the Planning Board and Road Inspector. A list of unit prices for bonding of subdivision construction is enclosed for your convenience. 4. A Draft Declaration of Covenants and Restrictions, which will be reviewed by the Planning Board and the Town Attorney. The Planning Board may request additional covenants and restrictions after review of the final submission. 5. A Homeowner's Association must be filed for the open space and roads. A draft of the document must be submitted to the Planning Board for review prior to filing. Documentation that the Homeowner's Association has been filed must be submitted prior to endorsement of the map by the Chairman. ~ C Page 3 West Mill Road Subdivision November 19, 1991 Please note also that the Planning Board will be requiring that money be deposited with the Town in lieu of land for park and playground purposes, in accordance with Section 106-38E (3) of the Code of the Town of Southold. If you have any questions regarding the above, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr m5 Chairman enc. M STATE OF NEW YORK) ) SS: Y ~ ~ COUNTY OF SUFFOLK) Pn~ to anew 1Tbd if,e'tb«a pp ya, s~y~pLv~laatretaey ~/2t.6P~sj of Mattituck, in dsawidd'deelYnl~~~u tda,tdi pwd, au,atotd, ald County, being duly sworn, says that he/she b Principal tisi. Yot t+ eidT~ra os,the lmh Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, dsy d Nv 1991 w tOs ,pe<- ua.ere.raa~~ published at MattHuck, In the Town of Southold, County of ~ `730P.IrL ~ ~ Suffolk and State of New York, and that tM Notke of which n~ Pri~e4) u the amexed b a printed copy, has been regularly published in M~'b'~}°0t said Newspaper once each week for ~ weeks C~' wq, of eldest 4n41~ ~ of yam. gtogc Cnmrr T.x~.t+P success el , commencing on the ~ day of tfoeobac te0at06,9 PIF,14. 1g~ propetcp it Bordered m the (~1 ~ ~ M try fwd ~ w tormuly of D C U U t ordie eery by kglaRoad n lad $~'t'r^M Avame ead fbx Neck ~,f ~~~1GE'4 se.a: ~ me ,o.~ti M ~ ~ or 51991UUP f,~eay or aen:,,~ ~n NOV I tmd eenr a fgrma% ~ tlie.Oreek ~ ~ Lod now or f~,ty Principal Clerk xx~_,,... SOUiNOLD TOWN ~y,y,~demip{ta6ehendoa ftANNI BOARD ~,eme ~ nnd: Omenu,1491 Swom to before na thls ~ SY Ottt~t pp THIi ~ ~ptT;71p1D'rowrt day of ~?~T'>~r"f-~~ 1g~ ti.ANNH'10~0 ALICE C. MacDDNALD tteldell Odorr~l. Jr. Notary Public. State of New York No. 4E 79351 ~lualified m 5ufFO& Ccunt 7wa-15031 Commission Expires Dac. 8, 1.4y i ~~5~fF0(K~O~ ~ ~gFic~ RAYMOND L. JACOBS can JAMES A. RICHTER SUPERINTENDENT OF Q • ENGINEERING HIGHWAYS 'ryol ~ ~~0~' INSPECTOR 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD NOVEMBER 15, 1991 MR. BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD 53095 MAIN ROAD, TOWN HALL SOUTHOLD, NEW YORK 11971 RE: West Mi11 Subdivision (;Major) SCTM 11 1000-106-9- p/o 4 M. Paul Friedberg, Mattituck, N.Y. Dear Mr. Orlowski: As per your request, I have reviewed the latest submission ( Subdivision Map, Dated 11/4/91 - Grading & Drainage Plan, Dated 11/4/91) for the above referenced project. These plans have been revised as per my last report and appear to be satisfactory. If you have any questions concerning this matter, please contact my office. Si cerely, JAMES A. RICHTER, R.A. cc: Raymond L. .Jacobs file o~~~on~~ WOV ~ 511 sa~reolo towN PLANNING BOARD r y~ r~~ ~.~t i~9~~,~v°9~~ ~ 1 - ~ PLANNING BOARD MEMBERS ~ SCOTT L. HARRIS Bennet[ Orlowski, Jr., Chairman 'a' -~`~~,t,,t. ~ Supervisor George Ritchie Latham. Jr. `7r ate` `#t x ' Town Hall, 53095 Main Road Richard G. Ward Mark S. McDonald .F- ,s P.O. Box 1179 Kenneth L. Edwards pLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (5l6) 765-1823 ~~e-m~e2 I `4 11~9r1 I James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: West' ;b'1;i1 S:.h~~~,s~e,o ~?u~i Fr~ecllxr~i\ Tax Map No.: 1000- It76 _ y _ y rl- Street Location: !VIII t?~,c,ri Hamlet Location: ti~,~{;}~;ctc Type of Application: Sketch Subdivision Map (Dated / / ) X Preliminary Subdivision Map (Dated ~r / Y / yi ) Final Subdivision Map (Dated / / ) Road Profiles (Dated rr 1 Y { S/ ) Grading and Draina a Plans (Dated / / ) Other (Dated / / ) Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) Comments: ~jiaSi I`PD~eu~ fa S~~ f~,c-F n~~nlc r rP r,~u c=~ ~t Yr. n f l os-I- f"<ilnr"f . Contact Person: /(Ql;s~,l .7~,ac, ~ M. ~S SUBMISSION WITHOUT COVER LETTER TD SDU1~1oLD ~OwN P4pNNxr1C- Px>19R0 P1~i E ~ I l~i~~~ SENDER: Wzcnffwm WTCIzM~vm ~ f$RSsStER P-C SUBJECT: (,JCST~ h1TLL SuBOTJ$SSa~ SCTM#: ~DoO/iD6/~/Ro~ COMMENTS: D u 4 N~~ ~ p~pNN1~NG BUFHD .''iY'.JL~.~. o~~gpfFO(~- °y~ 0 PLANNING BOARD MEMBERS W r? ~ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ~ ~ Supervisor George Ritchie Latham. Jr. 'tj~ x ~O^,{Q~ Richard G. Ward ~.~,r Town Hall, 53095 Main Road Mack S. McDonald ~~~~y P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 netnUer 25; 1991 Daniel C. Ross Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision West Mill Road (M. Paul Friedberg) Mattituck SCTM# 1000-106-9-4 Dear Mr. Ross: Enclosed please find a copy of the October 23, 1991, engineering report for the above mentioned subdivision. Please have the maps revised to comply with the report prior to the November 18th preliminary hearing. If you have any questions regarding the above, please contact this office. Very truly yours, b~/IU.a~~~~6y~a~t~ , ~jJ, Bennett Orlowski, Jr. ""S Chairman encl. ~l D~~c~VFFUI~-~oG ~ ~5'~c3FiC.L~ ~r /1/1 /~C~ RAYMOND L. JACOBS N r= JAMES A. RICHTER SUPERINTENDENT OF 0 ® ENGINEERING HIGHWAYS 'y.~ol ~ ~.~Q~ INSPECTOR 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD OCTOBER 23, 1991 MR. BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD D R ~ ~ ~YJ ~ D SOUTHOLD, NEW YORK 11971 l5 RE: "WEST MILL SUBDIVISION" (MAJOR SUBDIVISION) 2 Q ~g~4 SCTM 1000 - 106 - 9 - p/o 4 M. PAUL FRIEDBERG, MATTITUCK, N.Y. ~NO~pTOWN p1ANNING BOARD Dear Mr. Orlowski: As per your request, I have reviewed the Maps, Road Profiles & Drainage Plans for the above referenced subdivision. These plans have been revised to accomodate the items listed in my last report dated June 27, 1991. Several of the items have not been adequately addressed and my comments are as follows: 1. The Subdivision Map has not been dated. 2. Drainage Calculations: The runoff coefficient for a paved surface is (1.0). The volume of a 4' high x 8` dia. x 4" thick concrete drainage ring is 169 Cu. Ft. The drainage for the road accessing lots 1 through 6 will require a total of 12 leaching pools 8' dia, x 8' deep. Two of these pools can be installed with metal castings & drainage grates for use as the catch basins. The drainage for the road accessing lots 7 through 10 will require a total of 6 leaching pools 8' dia. x 8' deep. Two of these pools can also be installed with metal castings & drainage grates to be used as catch basins. All leaching pools & catch basins shall be connected with 18" dia. corrugated metal pipe. 3. Existing Utilities: The location of an existing utility pole along mill road will interfere with the access to the proposed road servicing lots 1 through 6. The existing pole needs to be relocated. How will this be done. Who is responsible for coordinating this work with LILCO. The existing streetlight on this pole will also need to be relocated in the same general area. The plans should specify all related information regarding this matter. It appears that the existing utility pole at the entrance to the proposed road for lots 7 through 10 should not require relocation. However, it is very close to the new pavement of the proposed road and its exact location should be verified to confirm this. 4. Fire Wells: The fire well located on the north east corner of lot ~l7 is located in the same general area as the concrete leaching pools. The location of the fire well with respect to the location of the drainage system should be dimensioned or noted to prevent conflicts during construction. S ncerely, cc: Raymond L. Jacobs James A. Ric ter, R.A. file t, ~~~gVFFOI~`0~ ~ ~ BFiC-C v~S RAYMOND L. JACOBS t°n = SUPERINTENDENT OF y. T JAMES A. RICHTER O ~ ~ ENGINEERING HIGHWAYS 'yyol ~ ~~Q~ INSPECTOR 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD OCTOBER 23, 1991 MR. BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 RE: "WEST MILL SUBDIVISION" (MAJOR SUBDIVISION) ~ ~ Q SCTM 9l 1000 - 106 - 9 - p/o 4 M. PAUL FRIEDBERG, MATTITUCK, N.Y. INO BOARD Dear Mr. Orlowski: As per your request, I have reviewed the Maps, Road Profiles & Drainage Plans for the above referenced subdivision. These plans have been revised to accomodate the items listed in my last report dated June 27, 1991. Several of the items have not been adequately addressed and my comments are as follows: 1. The Subdivision Map has not been dated. 2. Drainage Calculations: The runoff coeficient for a paved surface is (1.0). The volume of a 4' high x 8' dia. x 4" thick concrete drainage ring is 169 Cu. Ft. The drainage for the road accessing lots 1 through 6 will require a total of 12 leaching pools 8' dia. x 8' deep. Two of these pools can be installed with metal dastings & drainage grates for use as the catch basins. The drainage for the road accessing lots 7 through 10 will require a total of 6 leaching pools 8' dia, x 8' deep. Two of these pools can also be installed with metal castings & drainage grates to be used as catch basins. All leaching pools & catch basins shall be connected with 18" dia. corrugated metal pipe. 3. Existing Utilities: The location of an existing utility pole along mill road will interfere with the access to the proposed road servicing lots 1 through 6. The existing pole needs to be relocated. How will this be done. Who is responsible for coordinating this work with LILCO. The existing streetlight on this pole will also need to be relocated in the same general area. The plans should specify all related information regarding this matter. It appears that the existing utility pole at the entrance to the proposed road for lots 7 through 10 should not require relocation. However, it is very close to the new pavement of the proposed road and its exact location should be verified to confirm this. 4. Fire Wells: The fire well located on the north east corner of lot 1~7 is located in the same general area as the concrete leaching pools. The location of the fire well with respect to the location of the drainage system should be dimensioned or noted to prevent conflicts during construction. S ncerely, cc: Raymond L. Jacobs James A. Ric ter, R.A. file „r>Y~ z: f~' 4~~~~FFO(,k-cam G ~ _ 2 o ~ PLANNING BOARD MEMBERS r~ ~ , ~ ~i SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ~ Supervisor George Ritchie Latham. Jr. ~f~~ Off' - Richard G. Ward ~ ~ Town Hall, 53095 Main Roar Mark S. McDonald ,"zC" P.O. Box t 179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 22, 1991 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision West Mill Subdivision Mill Road, Mattituck SCTM#1000-106-9-P/O 4 Dear Mr. Ross: The following resolution was adogted by the Southold Town Planning Board at a meeting held on Monday, October 21, 1991. Be it RESOLVED that the Southold Town Planning Board set Monday, November 18, 1991 at 7:30 P.M. for a preliminary public hearing on the maps received by the Planning Board on October 4, 1991. Very truly yours, B~etL~sk~`~~ /imS Chairman ~ _ _ _ ~ ;~1,{~~~~ a ~ . A PLANNING BOARD MEMBERS ~ ~ ~ ~ ~ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ~ Supervisor George Ri[chie Latham, Jr. +/J : Richard G. Ward ~ ~ ¢ ? Town Hall, 53095 Main Road Mark S. McDonald ~`''~'J'~ P.O. Box 1179 Kenneth L. Edwards pLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 Oc~a~sc 7 1991 James Richter, Road Inspector Highway Department Peconic Lane , Peconic, New York 11458 , Dear Mr. Richter: The Southold Town Planning Board hereby refers tiZe following application for your review. Application Name: ~25~ S,•,1oc~~visio-~n ~~'4a1 friec~~er l Tax Map No.: 1000- lob- 4• oo q Street Location: Cox ec k'~oad (M ~ 1l coq Hamlet Location: (-f-;duck Type of Application: Sketch Subdivision Map (Dated / / ) v:od«tc.,. X Preliminarv Subdivision Map (Dated / / Final Subdivision Map (Dated / / ) ~>'e`Q:r`e ,~iylat Road Profiles (Dated / J ) Grading and Draina e Plans (Dated / / ) Other (Dated / / ) Sketch Site Plan (Dated / / } Preliminarv Site Plan (Dated / / ) _ Grading and Draina e Plans (Dated / / ) Othnter (Dated / / ) Comments: JJ~lll ;cio Man TD rmt ~2~Z $/~qf SJbm <c Contact Person: f ! I~~r SS p- ~ ,2 v ~ ~ ~s LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUC K, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE NEW YORK 11952 ERIC J. BRESSLER 516-296-5300 ABIGAIL A. WICKHAM TELEFA% NO. 516-296-2012 516-298-6353 DANIEL C. RO55 TELE FAX NO. 516-296-6565 KAREN J. HAG EN HUBERT F. SU LLIVAN JOSEPH C. SAVINO October 2, 1991 Planning Board of the Town of Southold Southold Town Hall Southold, N.Y. 11971 Attention: Mr. Bennett Orlowski Re: West Mill Road Subdivision SCTM: 1000/106/9/4 Dear Mr. Orlowski: Enclosed herewith for consideration by the Board are Q copies of the proposed preliminary maps and y copies of the proposed profile and drainage plans with respect to the referenced subdivision. y tr s, el C. Ross DCR:vm Encls. cc: Roderick Van Tuyl, P.C. M. Paul Friedberg ~ Ddb M ' t NYI uw oFFlccs _ ' WIC jHAM, WICKHAM & BRESSLER, P.C. ' MAIN ROAD. P.O. BOX 1424 MATTITUCH, 40NG IS UND WILLIAM wICKNAM NEW YORK 11932 MORTGAGE OFFICE ERIC J. BRESSLER 31629 a-6300 ABIGAIL A. WICKMAN 316-298-8333 TELEFA% NO. 316-298-2012 OANIEL C. RO55 TELEFAX NO. 316.298.83 fi 5 LYNNE M. GOROON JOSERN G SAVINO NUBERT I. SULLIVAN IU RCN J. NAG EN July 30, 1991 J~uBF/LE' PPS r+~,5 ca.,cnola Tvwti Pian(~i~~ afldrd Southold Town Hall Southold, N.Y. Attention: Ms. Melissa Spira Re: West Mill Road Subdivision _ Dear Melissa: You will recall we spoke previously regarding the treatment of open space of the "super lot" greviously being considered by the Code Committee. I understand Ms. Isaksen from Celic Realty has someone interested in a lot in the referenced subdivision and would like to use the open space to house horses. For this reason the status of the .super lot proposal is important and relevant to the referenced subdivision. When last we spoke you indicated that the best way to explore this would be to have a sit-down conference. Ms. Isaksen has indicated she would like to be present for the conference. Please give me a call so that we may arrange a date convenient for all concerned. Very t/rely yours, / Daniel C. Ross DCR:vm 1 D i, µe w~1t 3'Fo4 (v~ ~fSoos; f4w- xl~oJY 1 or he ~ ~ . ~nI I p ~ IJ~I L,..r w(~~ Se-{ ~ rne~-E DNS {~,p tY ~ SLUSS , souTHOLD TowN PLANNING BOARD uw oFFICEB ' " WICvCHAM, WICKHAM & BRESSLER, a.c. MAIN ROAD. P.O. BOX 1424 MATTITUCN, LONG ISLAND WILLIAM WICK MAM NEW YORE( 11932 MORTGAGE OFFICE ERIC J. BRESSLEP ABIGAIL A. WICXNAM 516496.5300 516-290-8333 TE LEFAX NO. 616.298-2012 DANIEL C. ROSS TELEFAX NO. 516.296-8585 LYNNE M. GORDON JOSEPH C. SAVINO N VBERT F. SV LLIVAN AAREN J. NAGEN July 30, 1991 SuBF/GGJ' P6 r''15 co..tr,aia ToM[i Plan~iii~ ~flard Southold Town Hall Southold, N.Y. Attention: Ms. Melissa Spira Re: West Mill Road Subdivision Dear Melissa: You will recall we spoke previously regarding the treatment of open space of the "super lot" previously being considered by the Code Committee. I understand Ms. Isaksen from Celic Realty has someone interested in a lot in the referenced subdivision and would like to use the open space to house horses. For this reason the status of the .super lot proposal is important and relevant to the referenced i subdivision. When last we spoke you indicated that the best way to explore this would be to have a sit-down conference. Ms. Isaksen has indicated she would like to be present for the conference. Please give me a call so that we may arrange a date convenient for all concerned. Very truly yours, / , Daniel C. Ross DCR:vm ~ 6 ~ t~ , l L~~~ f D 'F~il r i; ~~yl i~b r SOllTNOLD 10WN 4LANNMG BOARD ~ ~ > s e.. PLANNING BOARD MEMBERS SCOTT L. HARRIS ~ Supervisor Berme[[ Orlowski, Jr., Chairman 3,, J+,-v George Ritchie Latham. Jr. .°~f +i d~`' Town Hall, 53095 Main Road Richard G. Ward P.O. Box 1179 Mark S. McDonald Southold, New York 11971 Kenneth L. Edwards pLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 A~~~s~-6,1941 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: ('wol ~r'edbet~ Cults'r AA;II Foal 5~1~ots~Qa~ Tax Map No.: 1000-tQ6-`t- 4 Street Location: Q~t< Akc.l~`i~~.c9~ Uoa..t5 # sou't~. o~ ~~I~sDrirr. Hamlet Location: /t/1F,}}•}„cl+c TyAe of Application: Sketch Subdivision Map (Dated / / ) Preliminary Subdivision Map (Dated / / _ ) Final Subdivision Map (Dated / / ) Road Profiles (Dated / t / al ) Grading and Drainage Plans (Dated / 1 ) Other (Dated / J ) Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated ! / ) _ Grading and Drainage Plans (Dated / / ) Other (Dated / { ) Comments • ~ ~ ~e-Qe~rl s I gt n~nm:r V ~ Contact Person: ~ Y RODERICK VAN TUYL, P.C. 0~18~~C-G~~ 218 FRONT STREET v CiREENf'ORT, (`IEW YORK 1 1944 J 1516) 477-01 70 ro Southold Town Planning Board DATE Aug. 3, 1991 Town Hall Southold, NY 11971 SUBJECT "West Mill" subd. Attn. Melissa Dear Melissa: Enclosed are revised copies of the Road Profile and Drainage Plan for the titled subdivision,as per the latest request. There are still some details to go on the albdivision map, which will be forthcoming in due time. Thought the enclosed plans could be reviewed in the meantime. Mr. Friedberg has made formal application to the County Health Department for preliminary approval. Thanks for your cooperation ,and keep in touch! Yours truly~,* Roderick Van Tuyl, PC Ilem > ML5N72 The brewing ecara, OaNas. Texas ]5266-0429 FOLD AT i0 FIT DRAWING BOARD ENVELOPE < E W 10f r~ Wheeler Group, Inc.. 1982 yti ~SU C'SC' „ d~~ 041 ma`y` ~ Gym ~ ~ h , . : e " , Q 1 Y PLANNING BOARD MEMBERS p~'„~; ;y,~ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ~ 't~A ~.x ~ Supervisor George Ritchie La[ham, Jr. - 1,a^j'.~t`,' Richard G. Ward ' " Town Hall, 53095 Main Road Mark S. McDonald ~ P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 July 16, 1991 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: West Mill Road (Paul Friedberg) SCTM# 1000-106-9-4 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 15, 1991: Be it RESOLVED to adopt the engineer's report dated June 27, 1991 with the following amendments: Comment #6: The Planning Board will not be requiring a temporary cul-de-sac. However, the Board will be requiring that the driveways for Lots 8 and 9 be situated in such a manner as to provide a turnaround area for emergency vehicles. The driveways, including the turnaround area, must be shown on the final map. Comment #9: There is one existing street light on West Mill Road. Therefore, the Planning Board will be requiring one street light for this project at the intersection of West Mill Road and the northernmost road. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr ! ~c Chairman Encl. Engineer's Report cc: James Richter, Road Inspector ' ~ i I~TII'>. ~ ~ Q ,o~~ ~ ~ r... - ; c /'1'15 ws RAYMOND L. JACOBS can :'~t' rn JA.`lES A. RICHTER SUPERINTENDENT OF ~ p, ENGISEERING HIGHWAYS `%;j01 ~~Q~ INSPECTOR 765-3140 ~ i65-1070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JUNE 27, 1991 BENNETT ORLO[dSKI, JR. CHAI&`1AN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 RE: M. PAUL FRIEDBERG (MAJOR SUBDIVISION) SCTM I/ 1000 - 106 - 9 - 4 Dear Mr. Orlowski: As per your request, I have reviewed the preliminary subdivision map and road profiles for the above referenced subdivision. These drawings were dated 6-13-91 & 6-11-91 respectively and were prepaired by Roderic VanTuyl P.C. My comments are as Follows: 1. Drainage Calculations: None were provided. Drainage calculations, including tributary areas and the required drainage capacity, should be added to the plan. 2. Road Sholder Areas: The sections should shoca the road sholders sloping to the pavement @ '4" per foot. 3. Street and Drainage Layout: The plans should show the lines of pavement along with all proposed drainage pipes & drainage structures. A horizontal radious of 150' should be shown at the curve in the road between lots 5 b 6. A centerline station numbering system should also be included on the plan view. 4. Road Profiles: Town Specifications call for a scale of 1" in 5' vertically. The profiles submitted should be revised accordingly. 5. Concrete Monmuments: 4"x4"x30" Monuments will be required at all changes of alignment and points of curvature. 6. Cul-de-Sac: A temporary Cul-de-Sac between lots 8 5 9 will be required. This should be shown on the plans and the profiles. 7. Existing Utilities: The location of all existing utilities along West Mill Road should be indicated on the plan. 8. Fire Well: Quantities and locations should be established and shown on thcplans. 9. Street LighCS: Quantities and locations should be established and shown on the plans. If you have any questions concerning this review, Please contact my office. incerely ec: Raymond L. Jacobs James A. Richter. R.A. file h~®~og~FFO~,~-~®G~ , ot PLANNING BOARD MEMBERS ~ ta! z SCOTT L. HARRIS Bennett Orlowski, Ir., Chairman O .t°~ ~ Supervisor George Ri[chie Latham, Jr. ~~f~ ~,+DO~` Richard G. Ward A~1 Town Hall, 53095 Main Roar Mark S. McDonald P.O. Sox 1179 Kenneth L. Edwards pLANNING BOARD OFFICE Southold. New York 11971 Telephone (Sib) 765-1938 TOWN OF 50UTHOLD Fax (516) 765-1823 July 10, 1991 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Paul Friedberg SCTM#1000-106-9-4 Dear Mr. Ross: - The enclosed report dated June 27, 1991, from James A. Richter, the Town's Engineering Inspector will be reviewed at the Planning Board's July 15, 1991 public meeting. You are not required to attend this meeting. Please note that this report is for your information only. It has not been adopted by the Planning Board. Very truly yours, Bennett Orlowski, Jr. ~ "'~S Chairman Encl. ~ f{ o~~5~FF0(K~O ~ C~ sc,,P,FiLF z ~ Pte' < Nt5 ws RAYMOND L. JACOBS can rn JAMES A. RICHTER SUPERINTENDENT OF Q ~f ~ ENGINEERING HIGHWAYS '~~01 ~ ~~0~ INSPECTOR 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JUNE 27, 1991 BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 RE: M. PAUL FRIEDBERG (MAJOR SUBDIVISION) SCTM 11 1000 - 106 - 9 - 4 Dear Mr. Orlowski: As per your request, I have reviewed the preliminary subdivision map and road profiles for the above referenced subdivision. These drawings were dated 6-13-91 ~ 6-11-91 respectively and were prep aired by Roderic VanTuyl P.C. My comments are as follows: 1. Drainage Calculations: None were provided. Drainage calculations, including tributary areas and the required drainage capacity, should be added to the plan. 2. Road Sholder Areas: The sections should show the road sholders sloping to the pavement @ per foot. 3. Street and Drainage Layout: The plans should show the lines of pavement along with all proposed drainage pipes & drainage structures. A horizontal radious of 150' should be shown at the curve in the road between lots 5 & 6. A centerline station numbering system should also be included on the plan view. 4. Road Profiles: Town Specifications call for a scale of 1" in 5' vertically. The profiles submitted should be revised accordingly. 5. Concrete Monmuments: 4"x4"x30" Monuments will be required at all changes of alignment and points of curvature. 6. Cul-de-Sac: A trmporary Cul-de-Sac between lots 8 & 9 will be required. This should be shown on the plans and the profiles. 7. Existing Utilities: The location of all existing utilities along West Mill Road should be indicated on the plan. 8. Fire Well: Quantities and locations should be established and shown on the plans. 9. Street Lights: Quantities and locations should be established and shown on the plans. If you have any questions concerning this review, Please contact my office. incerely cc: Raymond L. Jacobs James A. Richter, R.A. file ~ s ~~.~~u~~ot,~~d ° 1 PLANNING BOARD MEMBERS y = SCOTT L. HARRIS W }..;c Bennett Orlowski, lr., Chairman dam, ~ s~' ~qC Supervisor George Ritchie Latham, Jr. ,9 Z1 Richard G. Ward Town Hall. 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards pLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (5 I6) 765-I 823 July 10, 1991 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE. Fire well location for Paul Friedberg Subdivision SCTM#1000-106-9-4 Dear Mr. Ross: Enclosed please find a copy of the map indicating the fire well locations as requested by the Mattituck Fire Department. The location of the fire wells must be shown on the final maps. If you have any questions, please do not hesitate to contact this office. Ver truly yours, d~~ Bennett Orlowski, Jr.~~~ Chairman Encl. rjl, ~ ' -P. it Wi im. R~ " (J L~ O ~ tJl .:n T: r0 'I ~ ~ ~ ~ ' ~ N.19 GO E , V O~ T Iv{.~C I L___ ~ 27.4''- ~ ~ ~ ~ V ~u tq'c~' w. p o; : i ~n ~:b s,, z . ~ ~~2 4n T_ O to ~ ' n ~ w ~ to ; a ! to ..m~ ~m o w ~N~,~ m ~1 ire: ,I ~ u~ i n n l ;o ?t z ~ ~ r~.~4 ~o E. , ~~~1 -r---- lam' fd<.f6 ~,y .n ~ln` ~ ~s 17f~35 Nei'. ~~Iq2. 2~~~ m t 7 a ; ~ ~ ~ ~ r S. t 9'~0` W. a ~ ~i S., y q c I r ~ i ~ ,o ~ a i r y L ~ ' 1~ (L uo ~ p ~P~ `n ri, ~ m z gyp, ~ w m a `J y~ ~ w ~ r~ f ~ O ~ d9 0 +^~(~J i . tgo.o ~ s~.o .F i2~.iq ' ~_.~__.i i3-._..~.-_ r ~x..._~ ..~-~-w r.. COX NECK t7_OP,Q N_ 1 i 4 m ~ j V ~ ~ 1, 1T . m 'y 1 1 ~ 1^~I~;1i?~ ;3J`- Iii ss ~ t ~ E{ N.25\ 5`E. 18.86 N ~6~4 CcJ ~ ~8.7Q ~~•16 ~ f 1Q2 a~2"aC i i Su.C ~ 1 C 5,;~4-__,.__ \ \ ~ U7 ~ ; f.9 7 f 6"~ Z rte. ~,u I Ur„ u, ~ ro J~ ,r ~ ro E ~p r_i ~ ~ v J ~"tif t i1 iJj ~ N ~ -A. .ja. ! ~ j r ~ ~ cit).C~ I O v.26 5 E. ~c_-- ° /c q5.0 ~ m r ~ ~ ~.~6Q5'w. ,n <n ..t u~ i ; m 1 ~ U' I ' j-. i ' ~ 41 ~x~ rn , w U 1 o a~ ii; ~ ,n it ~ i) Q vl ~ c~ N J .y?~r acs ~ ~ ~ .v . ^J,~> i x.51 ( ~9 V~ p~ i ~ ~ ~ f X4_66 ; i•;C t 7C,C ~ _ . r .5,26°¢5 CCU 1w`. f~Cd.6^ ~E~2.E5 TG ..L nGAp ~ 'ILt.. f ~ - o ~ ' ~ ~ . Phone 296.6833 MATTITUCK FIRE DISTRICT P.O. BOX 666, 1000 PIKE STREET , MATTITUCK, LONG ISLANO, N.Y. 11952 Specifications for Fire Wells: Mattituck Fire District The specifications contained herewith are common to both Shallow and Submersible wells - additional specifications on the electrical. requirements for submersible wells are attached. The well is to be of the gravel filter type by developing the natural formation surrounding the well screen. The well shall have a casing of not less than 8" inside diamter full weight wrought iron steel drive pipe. The well screen shall be of stainless steel and shall have an open slot length of not less than 20 feet. Tlie top of this well is to be finished with a 4" T, a 9X9" brass increaser and a 4~" adaptor cap with connecting chain. The hose threads and hydrant wrench nut shall conform to the standards of the Mattituck Fire District. The well is to be, developed until free of sand and the gravel filter wall surrounding screen is stabilized at the ultimate pumping capacity of the well. The well is to be pumped with the Contractor's own pump for at least 8 hours. After a minimum of 8 hours pumping the Contractor is to take a sample of water and have it tested for chlorides and report the test to the Board of Fire Commissioners. The well will have to be surged by means of stopping the pump and letting the water drop back into the well and then checked for sand. If sand is being pumped, well will have to be surged by pumping and flushing until free of sand. The bidder shall state in his bid, if the well location is required to be moved due to poor ground or water depth, the cost per hour for the recovery of the original casing and installing same in a new location to be approved by the Board of Fire Commissioners. If additional screen is required - state the cost per foot of the additional screen. The bidder shall also state the cost of the well depth per foot after the minimum depth required for the well. At completion of work, the Contractor is to provide a well log with s}ze and depth stated, and a written guarantee that if any equipment shall fail, or not function properly within one (1) year than he shall repair or replace same at Contractor's own expense. NOTE: Shallow well is required to pump 300 GPM for one hour and 200 GPM thereafter. September 1990 page 1 of 2 Phone 298-8833 MATTITUCK FIRE DISTRICT P.O. BOX 689, 1800 PIKE STREET ~[~,cr~c.~ MATTITUCK, LONG ISLAND, N.Y. 11952 July 1, 1991 Mr. Bennett Orlowski Jr., Chairman Planning Board Town of Southold Southold, N.Y. 11971 RE: M. Paul Friedberg Dear Sir: Please be advised that the Board of Fire Commissioners of the Mattituck Fire District recommend that, in order to provide adequate water supply for proper fire protection at the above mentioned sub- division, a submersible well be installed at the Northeast corner of lots 1 and 7 as indicated on the enclosed survey. Cordially, ohn A. e h, Sect. attituc Fir District t; J ut T_`, ~ ~ r ip~~'~~~~( ~It~ Yt1 ~o W 1 ~ ~ £ ` ?'I rn / t`~ ~ , n ~ -p' e. ~ ~ ;;1 ' ~,n m l .o 4 tt.tt ro _(42(6 ',~'t ~n_ 88~ ,I+ m w ~ ~ D) _ ~-J N i > to W I A, -J emit p ~r~ Jl Q i s n 3~ L) t]1 O N nt ~ ~ ! n ~n ~ ~ 9c,. a~ ~n ~ 1 w 39 J ~ ~ ( ~ ~ ti~ i ~ - t.rECiC V~JP.D ~.(S! 00 CO~ W. w GOX ~ l ~ 1` 1 ~~'y ~ ~ y71~H1f1~ Z 1~ f ' C ; ~ I~ t}. U1 hl r ~ ~ 1~ r f t N ~ b~1 ~ ~ • ;~;~C. ~ftt ( 't~tD ~ Itri i,}~.. to. Cr,,X~ NECK ~ St Cl~ttt•~ In~ ~*li.;~ ~ Cq ~ l~ i t~~ f f~ S it SL_! i .r i ~j j 1 r, ~'l~ y~' (--i~ ~ t ~ ~,(pl t t !(f' p ! i ~ 'r~Z ~rU 1- N 7i 'il; ir} tS ~ Q{ ' ~ !f;t~~ !J r'~~ ~ 1 _ Ttl (~it~~l~ + ~r11z-11'1f'Y IIR,~~t~ ~s~.,t - ;<<1~-~c~, ;~t~~~.. - ~ x.26° 55 ~ ..=.~v ~ 50,0 G= - ~ tQ~.,,,, . ,t 1 ,i lA i cl) z ~ ~ m .Jy 1' t ~ ~ ~?1 UJ~ ' w ; N ~ S tr ' N I ~D Q1 ~ ~ ~n rn £ 4n ~ u= p ~ rn l , ;,rte ° J ~ 210.68 t t o _ N. 26 45 E__ ~u~i 210.0 0 o_ ~ r ~ v ! 'D b 4^ ~ i D. J'~~ I - N~ N w 'fin o s o ~aT U i 0 ~ 'CZ.FJI ~ ~ tip~~ I+ .vJ ~y . J~_ s1g.5b, ~~~"~,.r~ ; c.. I~o.o ~ - - ~ ~,Z6`45~~C~~ ~,Qd,b~ iiG2.!5 ^~GF~ Mt!_L _ s i a ~ _ ~ r- ~ - i X- N ~ f j~~ ~ , 1 ~ l ' i 1 'll ' ~ . C.~OUNTY OF SUFFOLK i'~~, PATRICK Ci. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING June 27, 1991 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Map of Minor Subdivision of Property for M. Paul Friedberg Location: Westerly side of Cox Neck Road, 1102.15 feet west of Naugles Drive, Mattituck, Town of Southold. Dear Mr. Orlowski: Please be advised that pursuant to Section A 14-24, Article XIV of the Suffolk County Administrative Code that the above captioned plat is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Arthur H. Kunz Director of Planning S/s Frank Dowling, Senior Planner Subdivision Review Division File: 1333-NJ-91-08 FD:mb c;, VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I., NEW YORK 11]88 (5161 3®0.3182 ~S~EFOIkIpG ~ p ngFic.E' ~5 ws RAYMOND L. JACOBS t~J~ T JAMES A. RICHTER SUPERINTENDENT OF Q ~ `F ENGINEERING HIGHWAYS 'y~ol ~ ~~0~' INSPECTOR 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JUNE 27, 1991 BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 J!,?,~I 2 8 1991 RE: M. PAUL FRIEDBERG (MAJOR SUBDIVISION) SCTM 11 1000 - 106 - 9 - 4 Dear Mr. Orlowski: As per your request, I have reviewed the preliminary subdivision map and road profiles for the above referenced subdivision. These drawings were dated 6-13-91 & 6-11-91 respectively and were prepaired by Roderic VanTuyl P.C. My comments are as follows: 1. Drainage Calculations: None were provided. Drainage calculations, including tributary areas and the required drainage capacity, should be added to the plan.. 2. Road Sholder Areas: The sections should show the road sholders sloping to the pavement @ per foot. 3. Street and Drainage Layout: The plans should show the lines of pavement along with all proposed drainage pipes & drainage structures. A horizontal radious of 150' should be shown at the curve in the road between lots 5 & 6. A centerline station numbering system should also be included on the plan view. 4. Road Profiles: Town Specifications call for a scale of 1" in 5' vertically. The profiles submitted should be revised accordingly. 5. Concrete Monmuments: 4"x4"x30" Monuments will be required at all changes of alignment and points of curvature. 6. Cul-de-Sac: A trmporary Cul-de-Sac between lots 8 & 9 will be required. This should be shown on the plans and the profiles. 7. Existing Utilities: The location of all existing utilities along West Mill Road should be indicated on the plan. 8. Fire Well: Quantities and locations should be established and shown on the plans. 9. Street Lights: Quantities and locations should be established and shown on the plans. If you have any questions concerning this review, Please contact my office. incerelV cc: Raymond L. Jacobs James A. Richter, R.A. file L PLANNING BOARD MEMBERS ~ . ~ r~'~ SCOTT L. HARRIS U' Bennet[ Orlowski, Jr., Chairman ~ s+~ ~ Supervisor George Ritchie Latham, Ir. • _/~j ~ Richard G. Ward Town Hall. 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards pLANNING BOARD OFFICE Southold, New York 1197] Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 20, 1991 Daniel C. Ross Wickham, Wickham & Bressler Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision West Mill Road SCTM# 1000-106-9-4 Dear Mr. Ross: The Planning Board is in receipt of the preliminary maps and the road and drainage plans for the above mentioned subdivision proposal. The maps have been forwarded to the Suffolk County Planning Commission and the Road Inspector for review. You will be notified when the Planning Board receives their reports. The following items, which were either previously requested by the Planning Board, or shown on the sketch plan, have not been shown on the preliminary maps: 1. The fifty (50) foot wide scenic buffer on the east side of Lots 1, 6, 7 and 10. 2. The notation that Lots 1, 6, 7 and 10 are to have access from the proposed road only. Access shall not be permitted from West Mi11 Road. 3. Building envelopes, in conformance with the front, rear, and side yard setbacks for the R-40 District, are to be shown for all lots. 4. The road name is to be indicated for each road. 5. The Planning Board already has one subdivision entitled Paul Friedberg. The major subdivision was renamed as "West Mill Subdivision", however, the preliminary maps do not reflect this name change. ~ c Upon submission of maps reflecting the above mentioned items, receipt of a report from the Road Inspector accepting the road and drainage maps, and receipt of the Suffolk County Planning Commission report, the Planning Board will schedule the preliminary hearing. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, J ~S Chairman ~A -=1~>~ - F i? a ~ u PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr.. Chairman y - Supervisor George Ritchie Latham, Jr. '4q Richard G. Ward _ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 ~1vN2 191 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: /YI. haul Friec~6ea c, ~ (.t1e5t (l~ ~lxlU S~6cLio s/cr~ Tax Map No.: 1000- 106 - 9 - 4 Street Location: Cox rL''2ck'ticc.~~ ac•1 ts(~, s~ •i•1. ~F A1ao~los ~r'ra. Hamlet Location: F{.,+,cF Type of Application: Sketch Subdivision Map (Dated / / ) X Preliminary Subdivision Map (Dated 6 / i3 /RI ) Final Subdivision Mao (Dated / / ) Road Profiles (Dated ~ /il /ql ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated / / ) Grading and Drainage Plans (Dated / J } Other (Dated / / ) Comments:'~~~,~ ro 'ow 6't~~„Uer;e amr~ c~C aro~'lys jl,ere ace too 1 Contact Person: ' y Ip ~ i <<, ct ; 2 UW OFFICES WICKHAM, WIC KHAM & BRESSLER, P.C. MAIN ROAD. P.O. BOX 1424 MATTITUC K. LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESSLER ABIGAIL A. WICKHAM 516498-5300 OANIEL C. RO55 516-296-6353 TELEFAX NO. 516-296-2012 KAREN J. MAGEN TELEFAX NO. 516496-6565 RUBE RT F. SULLIVAN JOSEPH C. SAVINO June 17, 1991 Planning Board Town of Southold Southold Town Hall Southold, N.Y. 11971 Attention: Mr. Bennett Orlowski, Jr. Re: Major Subdivision West Mill Road SCTM #1000/106/9-4 Dear Mr. Orlowski: This will acknowledge your correspondence of May 20, 1991. Enclosed herewith please find a Map of Major Subdivision and Road Profiles for the referenced subdivision The length of the southern cul-de-sac has been reduced. ry t urs, Ross DCR:vm . 18 _ Vii. ~ . PLANNING BOARD MEMBERS ~ - ~ SCOTT L. HARRIS Bennett Orlowski, 1c, Chairman ~ ~ Supervisor George Ritchie Latham, Jr. ''n, AJ ' Richard G. Ward i Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-[938 TOWN OF SOUTHOLD Fax (516) 7b5-1$23 Sl7 ne. ,19~ ~ Suffolk County Planning Commision H. Lee Dennison Executive Gffice Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Frank Dowling, Senior 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 CommisASion: Map of - I11, 1~ I F \~et'c Hamlet/Locality /~Ia-~}-,~iJC.r S. C. D. P.W. Topo No.: - Zoning S . C . Tax Map No I f'~~ - ~ ~ - Major Sub. ~ Minor Sub. Site Plan Cluster MATERIAL SUBMITTED: mc~.~keS bli3~yl Preliminary Plat (3 copies) Road Profiles (1) ~a1ec~ 6I„~q( •t• Daa~Nnc~ e. Drainage Plans (1) _Topogroaphical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) ~y~elc~ t+~an ~Nc~` I-ai*L has -,rvice beep S~~-ef~ lV)cje2 5 bc~i 'cicvx +e cl 7lz~J 6c~r~c~f,eS fe4\e~t Thug Spt .cf~• ~l !Ve~~„~ or~~tr,n.~:~ Waiver of Subdivision Requirements - See attached sheet CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an Unlisted) (Type I) (Type II)Action. 2. A ((Negative Declaratio (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (Yes) (No~j~ 4. The proposed division has received approval from the S.C. Dept of Health. (Yes) ~~Tj Comments We request acknowledgement of receipt of this referral (Yes) (No) Referral received 19 by Suffolk County Planning Commission and assigned File NO. Very trul/y~"yo/u~rs, / Bennett Orlowski, Jr. Chairman r' j1 I ~nr ~4 v ~ 'l. _ „ PLANNING BOARD MEMBERS v ~ ! ,u - SCOTT L. HARRiS . Bennett Orlowski, Jr.. Chairman ,-.,•.~g ~ 1' O~ Supervisor George Ritchie Latham, Jr. Richard G. Ward ;l ~ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 2, 1991 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision of West Mill Road SCTM#1000-106-9-4 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 1, 1991. Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr.' Chairman Encl. -~~,t~ ~ / . 1r y ~ J t~ ~ ~ ~ ~ ~ v ~ r ~ ` r = ~ SCOTT L. HARRIS PLANNING BOARD MEMBERS ~ ~ Supervisor Bennett Orlowski, Jr., Chairman ~'A .`J`n George Ritchie Latham, Jr. ~~.'11( ' a !Y Town Hall. 53095 Main Road Richard G. Ward ?^;~',,;,,j~ p.0. Box 1179 Mark S. McDonald t Southold. New York 11971 Kenneth L. Edwards pLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 Telephone (516) 765-1938 NEGATIVE DECLARATION No[ice of Determination of Non-Significance Determination of Significance Lead Agency: Planning Board of the Town of Southold Address: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: March I8, 1991 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservatton Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: Major Subdivision West Mill Road, Mattituck, New York SEQR Status: Unlisted Action Project Description: The project which is the subject of this Determination, involves the subdivision of a 22.106 acre parcel into ten (10) single family residential lots clustered on 9.96 acres, with the rest of the acreage designated open space. Individual wells and sanitary systems are proposed. SCTM Number: District 1000-Section 106-Block 09-Lot 04. Location: The site is located along the northwest side of West Mill Road, opposite Bayview Road, Mattituck, in the Town of Southold, New York. - ; r ¢,;Y _ Y '~~,~,Pagelof2 - f ~ ~ fr r{ x Gjx ~ x. ijti, i ~ M4 .~i.~~+..1 ~.•G£y s~~ ~,?~•'~`,er } A ~,M1"'r ~s~yL''_'?r ~F ;n`?Fx:~ -~s-.>'F. r _ max. ~ ~ West Will Road Subdivision SEQR Determination Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: 1) The subject property is zoned R-80, requiring lots of 80,000 square feet or greater; however, the appltcant proposes to cluster on the least sensitive sections of the 22.106 acre site and destgnate 12.146 as open space, thus conforming to the yield stipulated by the zoning, yet maintaining a greater amount of open space for aesthetic and natural resources. 2) The site was inspected and found not to contain significant or sensitive natural environmental resources. There is a small depresston located on the site, but it is not unique nor does it have potential to have an impact to the project, or to be impacted by the project. The project site is adjacent to lots with occupted single family dwellings, and the proposed use is consistent with the use and character of the community, through the use of clustering to provide adequate open space and to develop only on those areas that are least senstttve to development, and allow for the visitation of local wildlife to the site. 3) The lot sizes are wholly consistent with the density standards established pursuant to Article 6 of the Suffolk County Sanitary Code; and, the magnitude and size of the project, and the minimal impact expected as-a result of the cluster subdivision does not warrant the preparation of an Environmental Impact Statement. For Further Information: n Contact Person: Bennett Orlowski, Chairman Town of Southold Planing Board Address: Town Hall, Main Road, Southold Phone No.: (516) 765-1938 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation Regional Office-New York State the Department of Environmental Conservation Applicant Suffolk County Department of Health Services Judith Tarry';' Towri.Clerk':'`. Page 2 of 2 .WF~~. ate.:;. i..~ ~ - i`' s.M'S w P-'~' ~1`^i+t.. ~'yq.- x: s.i.'+v v...1.:.L-. ~.i~6Lx d..~_ --`.ti4w.~ ::>v. ~ .:tr.,rt Sn J.:'.+d.s-saitacf$`~•. r- 1 j / ~ ,-.1 J S PLANNING BOARD MEMBERS ~ ~ SCOTT L. HARRIS Bennett Orlowski, Jc, Chairman ~ ~ w'j Supervisor George Ritchie La[ham, Jr. ~ '~7) - J'~~?~ r Richard G. Ward s Town Nall, 53095 Main Road Mark S. McDonald -'~'`f'~ P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN pF SOUTHOLD Fax (516) 765-1823 _ - - - Jury ~ ~ 19 John A. Keogh, Secretary Mattituck Fire District Pike Street Mattituck, New York 11952 Dear Mr. Keogh: Enclosed please find (2) surveys for ~?1, rya ~ t Fr; e r11-,Q Please notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by ~~t~~ ti- 1991. Thank you for your cooperation. Very truly yours, ~~~rtm~~~~~u Bennett Orlowski, Js.~ ~y~ Chairman enc. t~ ~ ~c~r';i=iLe /I RODERICK VAN TUYL, P.C. 218 FRONT STREET GREENPORT, NEW YORK 1 1944 (516) 477-01 70 To Southold Town Planning Board DATE June 14, 1991 Town Hall Southold, NY 11971 SUBJECT Friedberg Dear Melissa: Enclosed are copies of the Friedberg subdivision plan and profiles for the Board's review. The plan has been re- vised to shorten the southerly road, as requested, and to pro- vide for a turnaround at the westerly end of the northerly road. Please schedule this review and reply at your earliest conven- ience. Thank you. cc: Dan Ross, Esq. Roderick Van yl, PC rv,~h ( Z Item MLSN]2 The pawirg Boarq Dallas, Texas ]5266-0929 FOLD AT TO FIT DRAWING BOARD ENVELOPE W EW 10P Wheeler Group,1~., 1982 • tr.n ~o~~f~Ol9(~vG~ ,c PLANNING BOARD MEMBERS ~ ` i ~ SCOTT L. HARRIS Supervisor Bennett Orlowski, Jr., Chairman ~'a ~ ~ ' George Ritchie Latham, Jr. ~~If~ ~a Town Hall, 53095 Main Road Richard G. Ward P.O. Box 1179 Mark S. Mtl7onald _ _ Southold, New York 11971 Kenneth L. Edwards PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 c: February 13, 1991 Cramer, Voorhis & Associates, Inc. Environmental and Planning Consultants 54 N. Country Road Miller Place, New York 11764 RE: Review of EAF West Mill Road Subdivision SCTM# 1000-106-9-4 Dear Mr. Cramer and Mr. Voorhis: The Southold Town Planning Board hereby refers the Environmental Assessment Form for the above mentioned subdivision to your office for review. The Planning Board has received the $400.00 review fee from the applicant. The purchase order will be sent to you under separate cover. If there are any questions, please contact Planning Staff. Ve tr yo~ s, ~lag.~/ u`, , Bennett Orlowski, Jr. ~r'fl Chairman enc. ~ ~j l.. `~r:. ~ ti PLANNING BOARD MEMBERS ~ ~ - ~ u, ~ SCOTT L. HARRiS Bennett Orlowski, Jr., Chairman ~ ~ ~ ~ Supervisor George Ritchie Latham, Jr. _ .-:1 '~l'~ Richard G. Ward ' Town Hali. 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 5, 1001 r:e r- Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: West Mill Road (formerly Paul Friedberg) SCTM#1000-106-9-4 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 4, 1991. Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency status on this unlisted action. As requested on December 13, 1990, the Planning Boar'[i awaits your client's payment of the cost for review of the Long Environmental Assessment Form. Please contact this office if you have any questions regarding the above. . Very truly yours, r' Bennett Orlowski, Jr. ~S Chairman 1416-2 (2187)-7c 617.21 SEAR Appendix A State Environmental duality 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.lt is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental -analysis. In addition, many who have knowledge in one particular area may not:be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. .Full EAF Comr*apents: The full,~AF is comprisedsof three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. ' Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ? Part 1 ? Part 2 ?Part 3 C 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 magitude and importance of each impact, it is reasonably determined by the lead agency that: ? A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ? B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ? C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. ' A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer ( Signature of Responsible Officer in Lead Agency Signature of Preparer(Ifdifferentfromresponsibleofficer) Date 1 - v P,; ~ 1-PROJECT IN. RMATION r Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a signrficartt effe<: on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considere as part of the application for approval and may be subject to further verification and public review. Provide any addition information you believe will 6e 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 involve new studies, research or investigation. If nformation requiring such additional work is unavailable, so indicate and speuiv each instance. NAME OF ACTION ~ - ~ - WEST MILL ROAD SUBDIVISION LOCATION OF ACTION (Inclutle Street Adtlress, Munici0aliry antl County) v West Mill Road, Matti tuck, N.Y., County of Suffolk ~ NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE M. Pau? Friedberg'' * (2121 580-7761 _ ADDRESS 41 East 11th Street CITY/PO ( STATE ZIP CODE New York , 11.Y. 10003 NAME OF OWNER Qf different) BUSINESS TELEPHONE ~y. 1 1 ADDRESS CITYIPO I STATE ZIP CODE u DESCRIPTION OF ACTION Cluster Major Subdivision r l Please Complete Each Question-indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ?Urban ?Industrial ?Commercial ?Residential (suburban) L1RUrdl (non-farml ?Forest ?Agriculture ?Other 2. Total acreage of project area: 22.106 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 27 - 1 ~fi acres 12.15 acres Forested acres _ acres Agricultural (Includes orchards, cropland, paswre, etc.} acres .acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill} acres acres ° Roads, buildings and other paved surfaces LOtS & ROddS aces 9.96 acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? _ a. Soil drainage: ®Well drained 100 % of 9[e ?Modera[ely well drained °.o of site ?Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through d of the NY~ Land Classification System? acres. (See 1 NYCRR 370). 4. Are there hedrock outcroppings on project site? ?Yes G(lNo a. What is depth to bedrock? (in feet) Unknown 2 5. Approximate percentage of proposed ~.ct site with slopes: ?0-10% o ?10-15% • (715% or greater 6. Is project substantially contiguous to, or contain a building, site, or dnstrict, listed on the State or the National Registers of Historic Places? ?Yes fC7No Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ?Yes ?No 8. What is the depth of the water table? 5R'6" (in feet) 9. Is site located over a primary, principa), or sole source aquifer? ?Yes ?No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ?Yes 6c7N0 77. Does project site contain any species of plant or anfmal• life that isyidentified as threatened or endangered? ?Yes f~No According to Identify each species "12. Are there any unique or unusual land forms on the project site? (i.e„ cliffs, dunes, other geological formations) ?Yes f9No '--Describe ' 13. Is the project site presently used by the community or nei„hborhood as an open space or recreation area? ?Yes l~No If yes, explain 14. Does the present site include scenic views known to be important to the community? ?Yes ®No 15. Streams within or contiguous to project area: None 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 None b. Size (In acres) 17. Is the site served by existing public utilities? flYes ?No EleCtriC a) It Yes, does sufficient capacity exist to allow connection? C9Yes ?No b) If Yes, will improvements be necessary to allow connection? ®Yes ?No 18. Is the site located in an agricultural district certified pursuant to Agriculture and ~~tarkets Law, Article ZS-AA, Section 303 and 304? ?Yes ?No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ?Yes CxlNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? ?Yes ®No 8. Project Description 1. Physical dimensions and state of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 24.226 acres. b. Project acreage to be developed: 9.96 acres initially; acres ultimately. - c. Project acreage to remain undeveloped 12.15 acres. d. Length of project, in miles: flf appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A 4'0: f. Number of off-street parking spaces existing proposed 7(1 RacidPn.t9i31 lots g. Maximum vehicular trips generated per hour (upon completion of project)? unknown h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 1() i. Dimensions (in feet) of largest proposed structure height; width; Length. Unknown j. Linear feet of frontage along a public thoroughfare project will occupy is? 2.239.5?(t, 3 _ _ ..=.r-.~ 2. How much natural terial (i.e., rcll.., earth, etc.) will be remi d from the s~~ tonslcubic yards 3. Will disturbed areas be reclaimed? ?Yes ?No ~3N/A a. If yes, for what intendcC purpose is the site being reclaimed? b. Will topsoil be stockpiled fcr reclamation? ?Yes ?No c. Will upper subsoil be stockpiled for reclamation? ?Yes ?No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? NOne acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this protect? 17Yes i;3No b. If single phase project: Anticipated period of construction 2-3' ~ y months, (including demolition). Roads 7. If multi-phased: a. Total number of phases anticipated 1 (number). ROadS ~ 6. An~icipated date of commencement phase 1 Ilnknnwn month year, (including demolition). c. Approximate completion date of final phase Lln4nni.,n month year. d. Is phase 1 functionally dependent on subsequent phases? ?Yes ?No N/A 8. Will blasting occur during construction? ?Yes j~lo 9. Number of jobs generated: during construction 1-10 ;after project is complete 10. Number of jobs eliminated by this project None 11. Will project require relocation of any projects or facilities? ?Yes 61N0 If yes, explain 12. Is surface liquid waste disposal involved? ?Yes Flo , 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? ?Yes fXttVo Type 14. Will surface area of an existing water body increase or decrease by proposal? ?Yes (ENO Explain 15. Is project or any portion of project located in a 100 year flood plain? ?Yes ®No 16. Will the project generate solid waste? ?Yes QNo a. It yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ?Yes ?No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfiil? ?Yes ?No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ?Yes C~No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ?Yes ®No 19. Will project routinely produce odors (more than one hour per day)? ?Yes R7No 20. Will project produce operating noise exceeding the local ambient noise levels? ?Yes ®No 21. Will project result in an increase in energy use? ?Yes ~1No If yes ,indicate type(s) 22. If water supply is from wells, indicate pumping capacity P(/A gallons/minute. 23. Total anticipated water usage per day N/~_ gallons day. E r~.. 24. Does project involve Local, State or Federal funding? ?Yes k7No If Yes, explain 4 N 25. Approvals Required: ~ ~ Submittal Type pate City, Town, Village Board ?Yes ~m CXgyXTown, bdidagx Planning Board flYes QNo Sou .hold Town Plannj~7q Bd. 9/86 City, Town Zoning Board ?Yes C$No City, County Health Department f~Yes ?No Suffolk County Health Dept.. 10/89 Other Local Agencies ?Yes QNo ' Other Regional Agencies ~ ?Yes QNo State Agencies ?Yes QNo Federal Agencies ?Yes QNo ak ' C. Zoning and Planning Information- _ 7. Does proposed action involve a planning or zoning decision? f~Yes ?No If Yes, indicate decision required: ?zoning amendment ?zoning variance ?special use permit ®subdivision ?site plan ?new/revision of master plan ?resource management plan ?other 2. What is the zoning classifications)of the site? R-80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Eleven Lots 4. What is the proposed zoning of the site? R-80 5. What Is the maximum potential development of the site if developed as permitted by the proposed zoning? F1PVen Lots C fi. Is the proposed action consistent with the recommended uses in adopted local land use plans? f~Yes ?No 7. What are the predominant land use(s) and zoning classifications within a mile radius of proposed action? Residential and agriculture 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y, mile? y]Yes ?No 9. If the proposed action is the subdivision of land, how many lots are proposed? Te~j a. What is the minimum lot size proposed? 36,100 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ?Yes ®No 71. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ?Yes Ct9No . a. If yes, is existing capacity sufficient to handle projected demand? ?Yes ?No NSA 12. Will the proposed action result in the generation of traffic significantly above present levels? ?Yes f~No a. If yes, is the existing road network adequate to handle the additional traffic? ?Yes ?NO N/p D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verificat' n I certif info mall ovided above is true to the best of mY knowledge. A ica / Na a Date Nnv~nher_fi_ 199(1. Sign a Title t is in the C a al Ar you areas a agency, complete the Coastal Assessment form before proceedin: with this ss men 5 - ~ -fir ii11Ff /1rTS ANC 'HEIR MAta 'TUDE ' tesp;rsrvlity c Land Agency General Information (Read C,rrefulP,i • In completing the form tirz reviewer >houlJ ire ; i icied :he ~luestion: Have my responses and determinations been reasonablet The reviewer is not e:per,:ed to oe ~ r '%,pr~rt environmental analyst. • Identifying that an impact will be potential(} Lr tt (~o4m;n Z} does not mean that it is also necessarily significant. Any large impact must be evalualeri ~n PA~l 3 r Jetennine significance. Identifying an impact in column 2 simply asks that it be looked at to ther. • The Examples provided are'.o assist the rewewe~ t~ snowing types of impacts and wherever possible the threshold of magnitude that would trigger a response in ,;o;urrr 2. The examples are generally applicable throughout the State and for most situations. But, for any speafic project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact. response. thus requering evaluation in Part 3. • The impacts of each project, on each site, in etch locality, will vary. Therefore, the examples are illustrative anti have been offered as guidarce. They do not constih:h~ an exhaustive list of impacts and thresholds to answer each question. • The numiier of examples pe~ question does mot indicate the importance of each question. • In Identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. if impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. if a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 ~ Small to Potential Can impact Be IMPACT ON LANs) Moderate Large Mitigated By Impact Impact Project Change 1 . Will the proposed action result in a physical change to the project site? ?NO [%IYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per l00 ? ? ?Yes ?No foot of length), or where the general slopes in the project area exceed 10 • Construction on land where the depth to the water table is less than ? ? ?Yes ?No 3 feet • Construction of paved parking area for 1,000 or more vehicles. ? ? ?Yes ?No • Construction on land where bedrock is exposed or generally within ? ? ~ ?Yes ?No 3 feet of existing ground surface. • Construction Char will continue for more than 1 year or involve more ? ? ?Yes ?No than one phase or stage, • Excavation for mining purposes that would remove more than 1,000 ? ? ?Yes ?No tons of natural material (i.e., rock or Soil) per year. • Construction or expansion of a sanitary landfill- ? ? ?Yes ?No • Construction in a designated floodway. ? ? ?Yes ?No • Other impacts TWO Roads ~ ? ?Yes ?No 2. Will there be an effect t ...ry ur:,que or unusual land forms found on ` the site? (i.e., clifFs, dunes, geological formations, erc.~NO ?YES • Specific land forms: ? ? ?Yes ?No 6 1 2 3 . IMPACT ON WATER Small to Potential Can Impact Be Moderate Large Mitigated By 3. Will proposed action affect anywvater body designated as protected? Impact Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservation Law. ECL) (x NO ?YES Examples that would apply to column 2 • Developable area of site contains a protected water body. ? ? ?Yes ?No • Dredging more than 100 cubic yards of material from channel of a ? ? ?Yes ?No protected stream. • Extension of utility distribution facilities through a protected water body., ? ? ?Yes ?No • Construction in a designated freshwater or tidal wetland. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 4. Will proposed action affect any non-protected existing or new body of water? LX7N0 ?YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ? ? ?Yes ?No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 5. Will Proposed Action affect surface or groundwater quality or quantity? ®NO ?YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ? ? ?Yes ?No C • Proposed Action requires use of a source of water that does not ? ? ?Yes ?No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ? ? ?Yes ?No gallons per minute pumping capacit?. • Construction or operation czusing any contamination of a water ? ? ?Yes ?No supply system. • Proposed Action will adversely affect groundwater. ? ~ ?Yes ?No • Liquid effluent will be conveyed off the site to facilities which presently ? ? ?Yes ?No do not exist or have inadequate capacity. • Proposed ,fiction would use water in excess of 20,000 gallons per ? ? ?Yes ?No day. • Proposed Action will likely cat:;a siltation or other discharge into an ? ? ?Yes ?No existing body of water io the exte't that there will be an obvious visual contrast to natural conditions. • Proposed Action will require [he storage of petroleum or chemical ? ? ?Yes ?No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ? ? ?Yes ?No andlor sewer services. • Proposed Action locates commercial andlor industrial uses which inay ? ? ?Yes ?No require new or expansion of existing waste treatment andlor storage facilities. • Other impacts: ? ? CYes ?No _ { 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ?NO ®YES X x Examples that would apply to column 2 • Proposed Action would change flood water flows. ? ? ?Yes ?No 7 1 ~ , 3 Small to Potential Can Impact 8e Moderate Large Mitigated 8y Impact Impact Project Change r Ii 1 ~ • Proposed Action may cause substantial erosion. ? LiYes L:No • Proposed Action is incompatible with existing drainage patterns. ? ? ;Yes ~;No • Proposed Action will allow development in a designated floodway. ? ? ?Yes JNo • Other impacts: TWO Roads ? ?Yes ?No r IMPACT ON AIR 7. Will proposed action affect air quality? QNO ?YES Examples that would apply to column 2 ~ • F4bposed Action will induce 1,000 or more vehicle trips in any given ? ? ?Y'es ?No hour. , • Proposed Action will result in the incineration of more than 1 ton of ? ? ?Yes ?No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ? ? ?Yes ?No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ? ? ?Yes ?No to industrial use. • Proposed action will allow an increase in the density of industrial ? ? ?Yes ?No development within existing industrial areas. • Other impacts: ? ? ?Yes ?No IMPACT ON PLANTS AND ANIMALS d. Will Proposed Action affect any threatened or endangered ~ \ i species? ~]NO ?YES ~ Examples that would apply to column 2 I • Reduction of one or more species listed on the New York or Federal ? ? ?Yes ?No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ? ? ?Yes ?No ' Application of pesticide or herbicide more than twice a year, other ? ? ?Yes ?No than for agricultural purposes- ' Other impacts: ? ? ?Yes ?No C Will Proposed Action substantially affect non-threatened or non-endangered species? ®NO ?YES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or ? ? ?Yes ?No migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres ? ? ?Yes ?No C of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES ' Will the Proposed Action affect agricultural land resources? ~ Cd`NO ?YES 1 _ Examples that would apply to column 2 ~ ~ I_~ he proposed action would sever, cross or limit access to agricultural ? ? ?Yes ?No nd (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 ,._,._~__.a...~....~.,~u,_ _,.~,.w. • ~ 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soi! profile of ? ? ?Yes ?No agricultural land. • The proposed action would irreversibly convert more than 10 acres ? ? ?Yes ?No of agricultural land or, if located in an Agricultutal District, more ` than 2.5•acres of agricultural land, ~ . ; ~ • The proposed action.woufd disrupt or prevent installation of agricultural ? ? ?Yes ?No land management systems (e. g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm ~ field to drain poorly due to increased runoff) • Other impacts: s' ? ? ?Yes ?No IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? &XNO ?YES (If necessary, use the Visual EAE Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ? ? ?Yes ?No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ? ? ?Yes ?No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ? ? ?Yes ?No screening of scenic views known to be important to the area. • Other impacts: ? ? ?Yes ?No 9' IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 1Z. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? XHNO ?YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ? ? ?Yes ?No contiguous to any facility or site listed on the State or National Register - of historic places. • Any impact to an archaeological site or fossil bed located within the ? ? ?Yes ?No project site. - • Proposed Action will occur in an area designated as sensitive for ? ? ?Yes ?No archaeological sites on the NYS Site Inventory. • Other impacts: ? ? ?Yes ?No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ~6N0 ?YES .The permanent foreclosure of a future recreational opportunity. ? ? ?Yes ?No • A major reduction of an open space important to the community. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 9 IMPACT Ot RANSPORT4TION Small to Potential Can I pact Se 14. Will there be an effect to existing transputation systems? Moderate large Mitigated By ~BNO [7YE5 Impact Impact Project Change fxamples that would apply to column 2 • Alteration of present patterns of movement of people andlor goods. ? ? L~Yes ?No • Proposed Action will result in major traffic Problems. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No • IMPACT ON ENERGY 15 `Will proposed action affect the community's sources of fuel or energy supply? G]NO OYES .Examples that would apply to column 2 • Proposed Action will cause a greater than 5% incr~ase in the use of ? ? ?Yes ?No Y- an form of ener ~ y gy in the municipality. r • Proposed Action will require the creation or extension of an energy ? ? ?Yes ?No transmission or supply system to serve more than 50 single or two family ~R residences or to serve a major commercial or industrial use. f • Other impacts: ? ? ?Yes ?NO I NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? C5N0 ?VES Examples that would apply to column 2 i • (3lasting within 1,500 feet of a hospital, school or other sensitive ? ? ?Yes ?No i facility. _ • Odors will occur routinely (more than one hour per day). ? ? ?Yes ?No • Proposed Action will produce operating noise exceeding the local ? ? ?Yes ?No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ? ? ?Yes ?No • noise screen. • Other impacts: ? ? ?Yes ?No IMPACT ON PUBLIC HEALTH 7. Will Proposed Action affect public health and safety? C~NO ?YES Examples that would apply to column 2 Proposed Action may cause a risk of explosion or release of hazardous ? ? ?Yes ?No substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level I discharge or emission. k~ Proposed Action may result in the burial of "hazardous wastes" in any ? ? ?Yes ?No Form {i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural ? ? ?Yes ?No ryas or other flammable ligwds. Proposed action may result in the excavation or other disturbance ? - ? ?Yes ?Nll within 2,000 feet of a site used for the disposal of solid or hazardous ~ +aste. -]ther impacts: ? ? ?Yes ?No ' 10 ~ 1 2 3 ' IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By ~ 18. Will proposed action affect the character of the existing community? Impact Impact Project Change ®NO ?YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ? ? ?Yes ?No project is located is likely to grow by more than 59'°. • The municipal budge[ for capital expenditures or operating services ? ? ?Yes ?No will increase by more than 5% per year as a result of this project. , • Proposed action will conflict with officially adopted plans or goals. ? ? ?Yes ?No • Proposed action will cause a change in the density of land use. ? ? ?Yes ?No • Proposed Action will replace or eliminate existing facilities, structures ? ? ?Yes ?No ~ or areas of historic importance to the community. • Development will create a demand for additional community services ? ? ?Yes ?No (e. g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ? ? ?Yes ?No • Proposed Action will create or eliminate employment. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ®NO ?YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3-EVALUATION OF TFiE INiPORTANC:E OF IMPACTS Responsibility of lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions - ' Discuss the following for each impact identified in Column 2 of Part 2: 7. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. _ ~ (Continue on attachments) 11 Q~ U I ~~vG~~ ~ t ~ PLANNING BOARD MEMBERS ~ ~ _ ~ SCOTT L. HARRIS Su rvisor Bennett Orlowski, Jr., Chairman ~y ~ George Ritchie Latham, Jr. ^ - ~1~- Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 5, 1001 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: West Mill Road (formerly Paul Friedberg) SCTM#1000-106-9-4 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 4, 1991. Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency status on this unlisted action. As requested on December 13, 1990, the Planning Board awaits your client's payment of the cost for review of the Long Environmental Assessment Form. Please contact this office if you have any questions regarding the above. V e~rj ~y, ~ , ,t r , ~u flay' ~ y~o u r s~ , , ~ ~j ~ L''~~~ " ~ Bennett Orlowski, Jr. ~S Chairman f~ ~t~'11;f,+~~ ,c PLANNING BOARD MEMBERS ~ ~ F ~ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ` ` Supervisor George Ritchie Latham, Jr. _ '';'9 .1~. Richard G. Ward ~ '-3 ~ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards pLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 ~ecem~R 1 ~ 1 1990 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following; 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment FoMMrm (EAF) to as`s(ni~st you in your response. Project Name: ~2SF I11't~` 1Cearo~ S~Dd+iutSiotJ • ;c•cnn ~ I o0 0 - I D6 - 4 - 4 - Requested Action: 1119,aR StJ~O~i~~ si oTJ •j 40 ws{'eaec~ ~zrE-s oral OL, acct S SEQRA Classification: ( j Type I J (X) Unlisted ,,~~nn 11 1 Contact Person: lr~ZtiSSt~ iRy (516)-765-19 8 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) other. ( See comments below). Comments: Please feel free to contact this office for further information. Sincerely, Bennett Orlowski, J '~S Chairman CC: y.. ,.a ,.r T.....,..,~.. n.. -..-a ,.c m L.] ~ T~ } } Southold Town Board ~ Suffolk County Dept. of Health Services ~ NYSDEC - Stony Brook Ti ..F o....: rai u~Y _ n.... i- ..F m.- ,-*~1-i * Maps are enclosed for your review Coordinating agencies ~ f 1-PROJECT fNFORMATIO~ Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significarjt effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered 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 fulll EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION WEST MILL ROAD SUBDIVISION LOCATION OF ACTION (Include Street Adtlress, Municipality and C°unty) West Mill Road, Matti tuck, N.Y., County of Suffolk NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE P^.. Paul friedberq f212) 580-7761 ADDRESS 41 East 11th Street CITY/PO STATE ZIP CODE ~ New York N.Y. 10003 NAME OF OWNER (If different) BUSINESS TELEPHONE 1 ) ADDRESS CITYIPO STATE ZIP CODE DESCRIPTION OF ACTION Cluster Major Subdivision (Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ?Urban ?Industrial ?Commercial ?Residential (suburban) 1=1RUrdl (non-farm ?Forest ?Agriculture ?Other 2. Total acreage of project area: 22.106 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COA'tPLETION Meadow or Brushland (Non-agricultural) 27-1()fi acres 12.15 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECU acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres ~ acres Roads, buildings and other paved surfaces Lots & Roads acres q-qfi acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ®Well drained 100 % of site ?Moderately well drained °.o of site ?Poorly drained % of site b. If any agricultural land is involved, (tow many acres of soil are classified within soil group 1 through 4 of the NY Land Classification System? acres. (See 7 NYCRR 370). 4. Are there bedrock outcroppings on project site? ?Yes GclNo a. What is depth to bedrock? (in feet) Unknown 2 5. Approximate percentaE r proposed pr, ct site with slopes: C J% „ 10-15% _ °s, ?15% or greater °i° - 6. Is project substantially contiguous to, or contain a building, site, or dns tric[, listed on the State or the Nat~onai Registers of Historic Places? ?Yes ~1No Is project substantially contiguous to a ;ite listed on the Register of National Na[ura! Landmarks ?Yes ' ;^Jn 8. What is the depth of the water table? 5B' 6" (in feeq 9. Is site located over a primary, principal, or sole source aquifer? ?Yes ?N<, 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? CYes k7No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ?Yes f~No According to _ Identify each species - 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ?Yes f~NO Describe _ - 13. Is [he project site presently used by the community or neighborhood as an open space or recreation area? ?Yes (~No If yes, explain _ 14. Does the present site include scenic views known to be important to the community? ?Yes ®No 15. Streams within or contiguous to project area: N011e a. Name of Stream and name of River to which it is tributary 1b. Lakes, ponds, wetland areas within or contiguous to project area: a. Name (y011P b. Size (In acres) 17. Is the site served by existing public utilities? fs7Yes ?No Electric a) If Yes, does sufficient capacity exist to allow connection? LhYes ?No b) If Yes, will improvements be necessary to allow connection? C~Yes ?No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ?Yes ?No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ?Yes QNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? ?Yes (X1No 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 24.226 acres. b. Project acreage to be developed. 9.96 acres initially; acres ultimately. c. Project acreage to remain undeveloped 12.15 acres. d. Length of project, in miles: NSA (If appropriate) e. If the project is an expansion, indicate pertent of expansion proposed P)/A g%; v f. Number of off-street parking spaces existing ;proposed 1(1 Ra~idantial lots g. Maximum vehicular trips generated per hour (upon completion of project)? Ur1knOWn h. If residential. Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 10 i. Dimensions (in feet) of largest proposed structure height; width; length. unknown j. Linear feet of frontage along a public thoroughfare project will occupy is?2.239.5?tt 3 2. How much natural material (i. e., earth, etc.) will be removed from the tonslcubip yards, 3. Will disturbed areas be reclaimed? ?Yes ?No ,'F8N/A a. If yes, for what intender: purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ?Yes ?No c. Will upper subsoil be stockpiled for reclamation? ?Yes ?No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? NOne acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ?Yes f3No 6. If single phase project: Anticipated period of construction 2-3 months, (including demolition). ROadS 7. If multi-phased: a. Total number of phases anticipated 1 (number). Roads b. Anticipated date of commencement phase i Ilnknnurn month year, (including demolition). c. Approximate completion date of final phase lln4nrn.in month year. d. Is phase 1 functionally dependent on subsequent phases? ?Yes ?No N/A 8. Will blasting occur during construction? ?Yes J~lo 9. Number of jobs generated: during construction 1-10 ;after project is complete 10. Number of jobs eliminated by this projec! PfOne 11. Will project require relocation of any projects or facilities? ?Yes ®No If yes, explain 12. Is surface liquid waste disposal involved? ?Yes (~lo , 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? ?Yes f~tVo Type 14. Will surface area of an existing water body increase or decrease by proposal? ?Yes QNo Explain 15. Is project or any portion of project located in a 100 year flood plain? ?Yes ®No 16. Will the project generate solid waste? ?Yes G1No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ?Yes ?No c, If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ?Yes ?No e, If Yes, explain 17. Will the project involve the disposal of solid waste? ?Yes L~No a. If yes, what is the anticipated rate of disposal? tons/month. b. It yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ?Yes (xlNo 19. Will project routinely produce odors (more than one hour per day)? ?Yes R7No 20. Will project produce operating noise exceeding the local ambient noise levels? ?Yes ®No 21. Will project result in an increase in energy use? ?Yes fK7No If yes ,indicate type(s) 22. If water supply is from wells, indicate pumping capacity Pl/A gallonslminute. 23. Total anticipated water usage per day N/A ~ gallons/day. 24. Does project involve Local. State ar Federal funding? ?Yes flNo ~ If Yes, explain r- 4 25. Approvals Required: Submittal Type Date City, Town, Village Board ?Yes $%Nm CX~Town, yfp~pg~Planning Board fC7Yes pNo Southold Town Planning Bd 9 86 City, Town Zoning Board ?Yes C~No _ City, County Health Department C~Yes ?No Suffolk County Health Deot. 10/89 Other Local Agencies ?Yes QNo Other Regional Agencies ?Yes Cjt7No _ State Agencies ?Yes QNo federal Agencies ?Yes QNo _ ' C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? kXYes ?No _ If Yes, indicate decision required: ?zoning amendment ?zoning variance ?special use permit ®subdivision ?site plan ?new/revision of master plan ?resource management plan ?other _ 2. What is the zoning classifications)of the site? R-80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Eleven Lots 4. What is the proposed zoning of the site? R-80 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? F1PVan I nt C 6 Is the proposed action consistent with the recommended uses in adopted local land use plans? f~Yes ?No 7. What are the predominant land use(s) and zoning classifications within a Y mile radius of proposed action? Residential and agriculture 8. Is the proposed action compatible with adjoining/surrounding land uses within a '.S mile? bates ?No 9. If the proposed action is the subdivision of land, how many lots are proposed? Zpp a. What is the minimum lot size proposed? 36 100 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ?Yes ®No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ?Yes [9No a. If yes, is existing capacity sufficient [o handle projected demand? ?Yes ?No N/A 12. Will the proposed action result in the generation of traffic significantly above present levels? ?Yes C~No a. If yes, is the existing road network adequate to handle the additional traffic? ?Yes ?No N/A D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verificat' n I certif info matt ovided above is true to the best of my knowledge. A ica / Na e Date Nnvamhar 6, 1gg0 Sign a Title t is in the C a al Ar you areas a agency, complete the Coastal Assessment Form before proceeding with this ss men 5 • Part 2-PRi=CT IMPACTS AND THEIR Mq~'TUDE ~ Responsibility of Lead. Agency ~I General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonablef The reviewer is not expected to be an expert environmental analyst. ~ • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples andjor lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impactwill occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1 . Wili the proposed action result in a physical change to the project site? ?NO ~IYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ? ? ?Yes ?No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ? ? ?Yes ?No 3 feet • Construction of paved parking area for 1,000 or more vehicles. n ? ?Yes ?No • Construction on land where bedrock is exposed or generally within ? ? ?Yes ?No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ? ? ?Yes ?No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ? ? ?Yes ?No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. _ ? ? ?Yes ?No • Construction in a designated floodway. ? ? ?Yes ?No • Other impacts TWO RoddS ~ ? ?Yes ?No 2. Will there be an effect t~.....y ur:,que or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)f~NO DYES • Specific land forms: ? ? ?Yes ?No 6 1 ~ 2 3 IMPACT ON WATER Small !o Potential Can impact Be 3. Will proposed action affect anywater body designated as protected? Moderate Large Mitigated By iUnder Articles 15, 24, 25 of the Envircnmental Conservation Law, ECL) Impac' Impact Project Change ENO ?YES ~ Examples that would apply to colum t 2 • Developable area of site contains a protected water body. ? t ? j ?Yes ?NO • Dredging more than 100 cubic yards of material from channel of a ? ~ ? ?Yes ?NO I protected stream. • Extension of utility distribution facilities through a protected water body. ? I ? ?Yes ?No ~ • Construction in a designated freshwater or tidal wetland. ? ? ?Yes ?No j • Other impacts: ? ? ?Yes ?No ~ 4. Will proposed action affect any non-protected existing or new body of water? LINO ?YES t Examples that would apply to column 2 i • A 10% increase or decrease in the surface area of any body of water ? G ?Yes ?No j or more than a 10 acre increase or decrease. i • Construction of a body of water that exceeds 10 acres of surface area. ? I ?Yes ?No • Other impacts: ? ? ~ ?Yes ?No 5. Will Proposed Action affect surface or groundwater quality or quantity? ®NO ?YES ; ' i Examples that would apply to column 2 € • Proposed Action will require a discharge permit. ? ? ?Yes ?No C • Proposed Action requires use of a source of water that does not ? ? ~ ?Yes ?No have approval to serve proposed (project) action. g • Proposed Action requires water supply from wells with greater than 45 ? ? ?Yes ?No gallons per minute pumping capacity. • Construction or operation czusing any contamination of a water ? ? ?Yes ?No j supply system. i • Proposed Action will adversely affect groundwater. ? ? ?Yes ?No • Liquid effluent will be conveyed off the site to facilities which presently ? ? ?Yes ?No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 30,Op0 gallons per ? ? ?Yes ?NO ~ day. - • Proposed Action will likely cause siltation or other discharge into an ? ? ?Yes ?No existing body of water io the extet that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the stora a of ?Yes ?No ~ g petroleum or chemical ? ? products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ? ? ?Yes ?No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ? i ~ ?Yes ?No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ? ? ~ ?Yes ?No _ { 6. Will proposed action alter drainage glow or patterns, or surface water runoff? ?NO ®YES X X IE Examples [hat would apply to column 2 • Proposed Action would change flood water flows. ? ? i Yes ?No 7 - _ f 1 t 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change - cc • Proposed Action may cause substantial erosion. ? ? ?Yes ?No • Proposed Action is incompatible with existing drainage patterns. ? ? ?Yes ?No • proposed Action will allow development in a designated floodway. ? ? ?Yes ?No • Other impacts: TWO ROddS ® ? ?Yes ?No IMPACT ON AIR 7. Will proposed action affect' air quality? J~NO L7YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ? ? ?Yes ?Na hour. j~ • Proposed Action will result in the incineration of more than 1 ton of ? ? ?Yes ?No It refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ? ? ?Yes ?No heat source producing more than 10 million BTU's per hour. r- • Proposed action will allow an increase in tfie amount of land committed ? ? ?Yes ?No to industrial use. • Proposed action will allow an increase in the density of industrial ? ? ?Yes ?No development within existing industrial areas. • Other impacts: ? ? ?Yes ?No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered ~ ` species? ~7N0 ?YES Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal ? ? ?Yes ?No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ? ? ?Yes ?No i Application of pesticide or herbicide more than twice a year, other ? ? ?Yes ?No ~ than for agricultural purposes. I • Other impacts: ? ? ?Yes ?No Will Proposed Action substantially affect non-threatened or non-endangered species? ®NO ?YES j Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or ? ? ?Yes ?No migratory fish, shellfish or wildlife species. Proposed Ac[ion requires the removal of more than 10 acres ? ? ?Yes ?No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES ~ Will the Proposed Action affect agricultural land resources? I~NO ?YES Examples that would apply to column 2 The proposed action would sever, cross or limit access to agricultural ? ? ?Yes ?No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 • • 1 2 Small t ~ Potential Can Impact Be Moderate Large Mitigated By E Impact Impact Project Change i • Construction activity would excavate ~r compact the soil profile of ? ? ?Yes _Nn j agricultural land. • The proposed action would irreversibly convert more than 10 acres ? ? ~ ?Yes ?No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. 1 • The proposed action would disrupt or prevent installation of agricultural ? ? ?Yes ?No land management systems (e. g., subsurface drain lines, outlet ditches, j strip cropping); or create a need for such measures (e. g. cause a farm ? • field to drain poorly due to increased runoff) • Other impacts: ? ? ~ ?Yes ?No IMPACT ON AESTHETIC RESOURCES f i 11 . Will proposed action affect aesthetic resources? &~NO C]YES I (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 t • Proposed land uses, or project components obviously different from ? ? ~ ?Yes ?No 1 or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ? ? 4 ?Yes ?No aesthetic resources which will eliminate or significantly reduce their 4I C enjoyment of the aesthetic qualities of chat resource. • Project components that will result in the elimination or significant ? ? ~ ?Yes ?No screening of scenic views known to be important to the area. • Other impacts: ? ? ?Yes ?No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? >®NO ?YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ? ? ?Yes ?No contiguous to any facility or site listed on the State or National Register • of historic places. • Any impact to an archaeological site or fossil bed located within the ? ? ?Y'es ?No project site. - • Proposed Action will occur in an area designated as sensitive for ? ? ?Yes ?No archaeological sites on the NYS Site Inventory. • Other impacts: ? ? ?Yes ?No IMPACT ON OPEN SPACE ANp RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 >E3N0 ?YES r The permanent foreclosure of a Future recreational opportunity. ? ? ?Yes ?No • A major reduction of an open space important to the community. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 9 1 a~2 •3 IMPACT ON TRANSPORTN Small to Potential Can Impact Be 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By ` XBNO ?YES Impact Impact Project Change 1 Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ? ? ?Yes ?No • Proposed Action will result in major traffic problems. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ®NO ?YES _ Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ? ? ?Yes ?No - any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ? ? ?Yes ?No transmission or supply system to serve more than 50 single or two family ~ residences or to serve a major commercial or industrial use. • Other impacts: ? ? ?Yes ?No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? C~9N0 ?YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ? ? ?Yes ?No facility. • Odors will occur routinely (more than one hour per day). ? ? ?Yes ?No • Proposed Action will produce operating noise exceeding the local ? ? ?Yes ?No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ? ? ?Yes ?No noise screen. ' Other impacts: ? ? ?Yes ?No IMPACT ON PUBLIC HEALTH . ~ 7. Will Proposed Action affect public health and safety? 6N0 ?YES Examples that would apply to column 2 Proposed Action may cause a risk of explosion or release of hazardous ? ? ?Yes ?No substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of i accident or upset conditions, or there may be a chronic low level , discharge or emission, t Proposed Action may result in the burial of "hazardous wastes" in any ? ? ?Yes ?No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural ? ? ?Yes ?No , gas or other flammable liquids. Proposed action may result in the excavation or other disturbance ? ? ?Yes ?NO within 2,000 feet of a site used for the disposal of solid or hazardous waste. ~ Other impacts: ? ? ?Yes ?No ' 10 3. . DESCRIPTIOt: JF EXISTING VISUAL ENVIRONM 4. From each item checked in question 1, check tho'fe which generally describe the surrounding environment ; Within ' ~/a mile • 1 mile Essentially undeveloped ? j? Forested ? ? Agricultural ? ? ~'I Suburban residential ? Industrial ? ? Commercial " ? ? j Urban ? ~J River, Lake, Pond ? ? ~t Cliffs, Overlooks ? J j Designated Open Space ? ? Flat ? L~ Hilly Mountainous ? Other ? ? I NOTE: add attachments as needed 5. Are there visually similar projects within: •'/z mile ?Yes ?IYo ' 1 miles ?Yes ? No '2 miles ?Yes ?No i '3 miles ?Yes ?No ' Distance from project site are provided for assistance. Substitute other distances as appropriate.) EXPOSURE 6. The annual number of viewers likely to observe the proposed project is i_ NOTE: When user data is unavailable or unknown, use best estimate. i CONTEXT ~ 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY i Holidays! Activity Daily Weekly Weekends Seasonally Travel to and from work ? ? ? ? f Involved in recreational activities ? ? ? ? I Routine travel by residents ? ? ? ? ~ ` At a residence ? ? ? ? t At worksite ? ? ? ? Other ? ? ? ? F A 2 s • . ~ PLANNING BOARD MEMBERS ` a , T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward ; Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (S 16) 765-1823 December 18, 1990 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision West Mill Road Subdivision (formerly Paul Friedberg) SCTM# 1000-106-9-4 Dear Mr. Ross: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, December 17, 1990. BE IT RESOLVED that the Southold Town Planning Board start the Lead Agency coordination process on this unlisted action. BE IT RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated November 1990 with the following condition: 1. That building envelopes, in conformance with the front, rear, and side yard setbacks for the R-40 District, are shown for all lots. Sketch plan approval is conditional upon submission of preliminary maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The above mentioned building envelopes must be shown on the preliminary maps. The preliminary submission must include road profiles and drainage plans. These maps will be forwarded by the Planning Board to the Engineer for review. Page 2 West Mill Road Subdivision Please note that upon submission of the preliminary maps, the Planning Board will refer this subdivision to the Suffolk County Planning Commission for their review. You will be notified should any covenants and restrictions be required. Please da not hesitate to contact this office if you have any questions regarding the above. Very truly yours, F~~/Z'r7t2/~ ,(fit Bennett Orlowski Jr. S Chairman ~ i PLANNING BOARD MEMBERS ~ Fi ; •-~~I rn SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Y~ - ~ Supervisor George Ritchie Latham, Jr. y1 l0 , ',t ~ Town Hall. 53095 Main Road Richard G. Ward Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold. New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 December 13, 1990 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision West Mill Road Subdivision (formerly Paul Friedberg SCTM# 1000-106-9-4 Dear Mr. Ross: The Planning Board has received a cost estimate of $400.00 from their Environmental Consultant for review of Long Environmental Assessment Forms. The above mentioned sum must be paid in full by your client before we can authorize our consultant to proceed with the review. The check should be made payable to the Town of Southold. When the consultants complete their review, the Planning Board will consider their findings in making a determination of whether the project will have a significant environmental impact. Very truly yours, Bennett Orlowski, Jr. ant Chairman ~ ! UW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD. P.O, BOX 1424 MATTIT UC K, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE NEW YORK 11952 ERIC J. BRESSLER 516-290-5300 ABIGAIL A. WIC KNAM TELEFA%NO. 516-298.2012 516-296-6353 DANIEL C. RO55 TELE FAX NO. 516-296-6565 KAREN J. MAG EN HUBERT F, SU LLIVAN JOSEPH C. SAVING HAND DELIVERED November 15, 1990 Planning Board Southold Town Hall Main Road Southold, N.Y. 11971 Attention: Ms. Melissa Spiro /a 6 - r~ RE: M. Paul Friedberg Dear Ms. Spiro: Hest Mill Road Subdivision In accordance with your correspondence of August 1, 1990, please find enclosed Item A - The Long Environmental Assessment Form. Items B and C have been previously submitted. Also enclosed are eight copies of the new maps that will reflect the changes requested at Items 1 and 3 of your August 1, 1990 correspondence. With respect to the restriction requested at Item 4, do you suggest a separate declaration or inclusion of the Item 4, restriction in the general Declaration of Covenants and Restrictions? Do you have a recommended/suggested form of by-laws and covenant and restrictions? We request this be set down for sketch plan approval. V y t 1 y urs, Daniel C. Ross DCR:vm:abm enc. 11 ~~'r'! n f- +r LAW OFFICES ~ ~n(~,~f~ WICKHAM, WICKHAM &BRESSLER, P.c. MS MAIN ROAD. P.O. BOX 1424 MATTITUC K, LONG ISLAND MORTGAGE OFFICE WILLIAM WICKHAM NEW YORK II952 - ERIC J. BRESSLER 516.296-5300 ABIGAIL A. WICKHAM 516-296-8353 TELEFAX NO. 516-296-2012 DANIEL C. ROSS TELEFAX NO. 516-29 B-8565 ItAREN J. HAG EN MUBERT F. SU LLIVAN JOSEPH C. SAVINO August 20, 1990 Planning Board Office CAP -7 ~99~ Town of Southold P.O. Box 1179 Southold, N.Y. 11971 Attention: Mr. Bennett Orlowski, Jr., Chairman Re: West Mill Road~sion Dear Mr. Orlowski: This will acknowledge your correspondence of August 1, 1990. Enclosed herewith please find: 1. The Friedberg Partnership Chemical Bank check number 1565 to the order of the Town of Southold Planning Board in the amount of $3,300.00 which is the application fee for the subdivision. 2. Authorization allowing Wickham, Wickham & Bressler, P.C. to act as agent for M. Paul Friedberg with respect to the referenced subdivision. We will provide the additional information requested in your correspondence as soon as possible. V trul y~u/rs, Da os, 5 DCR:vm Encl. I TO: Southold Town Planning Board DATE: AIITHORIZATION I hereby authorize I^?ICT.n..'.*2~:, i•7ICKHAt•: & BR'nS:iLER, P.C. to act as my agent with respect to my application before the Southold Town Planning Board to subdivide my real property in Mattituck, (Tax Map Number 1 00/106/9/4) known as West Mill Road Subdivision r i ~J ~ UL FRIEDBERG Se-TAPE OF NEW YORK) j >SS.: ~ V COUNTY OF On the /7' day of 1990, before me personally came and appeared M. Paul Friedberg to me known and known to me to be the individual described in and who executed the foregoing instrument, and who duly acknowledged to me that he executed the same. N ry Public ELIZABETH A. SALLEY Commissioner oi. Daati)s City of New York - No. 3-59J1 Gertificete Filed in {rewx Commission Expires.../~..~~„~,.9d,~ ~~~=tr q \ yL?d ~~J t i` ~ i . PLANNING BOARD MEMBERS ° SCOTT L. HARRIS Bennet[ Orlowski, Jr., Chairman y ' Supervisor ; , George Ritchie La[ham, Jr. '-'~f~ ~ r~ - Richard G. Ward _ ~ T ~ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 ?+ugust 1, 1990 Daniel C. Ross Wickham, Wickham & Bressler, Y.C. P.O. Box 1424 Mattituck, New York 11952 RE: Proposed Major Subdivision West Mill Road Subdivision (formerly Paul Friedberg) Dear Mr. Ross: The Planning Board is in receipt of the final maps for the Paul Friedberg Set-Off application. The final hearing date will be scheduled at the Planning Board's August 13, 1990, meeting. The following revisions must be made to the major subdivision application: 1. The lot which was set off should not be shown on the map for the major subdivision. Also, the current major subdivision map shows the parcel to be set off as 2.226 acres, while the set off proposal shows the lot as being 2.1207 acres. Although the lot which was set off does not need to be shown, the southerly boundary of the major subdivision parcel must accurately reflect the lot which was set off. 2. As per Section A106-38 E (3) of the Town Code, the Board will be requiring a park and recreation fee of two thousand dollars ($2,000.) per lot for each vacant lot in the subdivision. It is therefore not necessary to show land for park and playground purposes on the Yield map. The Board is not requiring that you revise the map to remove the land for park and playground purposes, however this letter will serve to advise you that the above mentioned fee will be required. { a ~ ~ A fifty (50) foot scenic easement is to be shown on the east side of Lots 1, 6, 7 and 10. 4. It is to be noted on the map, and in a Declaration of Covenants and Restrictions, that Lots 1, 6, 7 and 10 are not to have direct access onto West Mill Road. These lots are to have access only from the proposed subdivision roads. The draft Declaration of Covenants and Restrictions should be submitted at a later date as the Planning Board may require additional covenants and restrictions upon review of the preliminary maps. In addition, the .following information is required: A. A Long Environmental Assessment Form. A Short Environmental Assessment form was submitted with the original application, however, a Long Environmental Assessment Form is required. B. Authorization from the owner of the property for you to act as agent for the subdivision. C. There is no record in the file of an application fee being submitted. Please check your records, and if a fee was indeed submitted, let us know the date of submission so that we can try to trace the bookkeeping entry record. Upon submission of revised maps for the major subdivision, the above mentioned miscellaneous items, and the Board's approval of the set-off, the major subdivision will. be scheduled for a sketch plan determination. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett~0~ ski~~, Chairman LAW OFFICES WICKHAM, WICKHAM &BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUC K, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE NEW YORK 11952 ERIC J. BRESSLER 516-296-5300 ABIGAIL w. WICKHAM - 816498-9359 TELEFAx NO. 516 4 9 8-2 012 DANIEL C. RO55 ~ Iµ~~ TELEFAX NO. 516~Q 9968 J KAREN J. HAGEN 4 , _ - HUBERTF.SULLIVAN I'--~ jL.u. August 8, 1989 Southold Town Planning Board Southold Town Hall Southold, NY 11971 Attention: Ms. Melissa Spiro, Planner Re: Friedberg Subdivision Dear Ms. Spiro: This is further to my correspondence of August 3, 1989. Enclosed please find seven additional subdivision maps. V'r rs, o DCR:vm Encls. tAW OFFICES WICKHAM, WICKHAM &BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J. BRESSLER NEW YORK 11952 _ ABIGAIL A. WICKHAM 516-298-5300 _ v 516-2 9 68 3 5 3 TELEFAx NO. 516-2982012 DANIEL C. RO55 TELEFAX NO. 516-298-8565 KAREN J. HAG EN n - HUBERT F. SU LLIVAN August 3~, 190'9-, AUC 4 Southold Town Planning Board Southold Town Hall Southold, NY 11971 Attention: Ms. Melissa Spiro, Planner Re: Major Subdivision of M. Paul Friedberg Tax Map Number: 1000/106/9/4 Dear Ms. Spiro: Enclosed herewith please find the following: 1. Revised Map dated July, 1989 for the Subdivision; Pursuant to our telephone conversation of June 1, 1989 we have provided for access to the open space from the north and south roadways. We have also decreased the square footage of the southern lots so all the southern lots fit within the bottom of the "L". As I indicated to Joy in my telephone conversation of August 3, 1989, we are expecting additional maps from Steven J. Hyman Associates and will deliver seven maps early next week. The name of the Subdivision has been changed. If this causes a problem please do not hesitate to contact the undersigned. An application to set-off the northerly lot is being submitted simultaneously under separate cover. We request this matter be put on the Board calendar for the next meeting. e y rul o , e R Vw ~ DCR:vm Encl. cc: Mr. M. Paul Friedberg - T _ _ - ~ ~ , G~ ~g9 ~~I~e. ~n ~vss . ~;elc( rncx(a c~c~~c~ ~s arnP~C~P~ ~~1~ ~7, 1487 c'~ J~ used -~vrL moJ'o~ ~~~0 ~~`ca~~ ~ aS w~N~ aS 5e~-d~~ Clams n~f cl~i~fP2 f-~orr~ ycI'.UT~2 fe; VIC~fI/~ /1K1~ ~ '~tR/ ~.tJ~~~ Su~rn~`7`one ,/-~cc-ass ~v a5 w, ll ~ s~ o~, maJ'~rc sud ~fl Ids M .,Pll(gF1~'~ UW OFFICES MS WICKHAM, WIC KHAM & BRESSLER, P.C. MAIN ROAD. P.O. BOX 1424 MATTITUC K, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BREBSLER 516-298-5300 ABIGAIL A. WICKHAM TELEFAX NO. 516-298.2012 316-296-8353 GAMEL C. ROSS TELEFAX NO. 516-296-8565 KAREN J. HAG EN HUBERT F. SU LLIVAN JOSEPH G. SAVING May 28, 1991 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Attention: Melissa Spira Re: Dear Melissa: This will acknowledge your correspondence of May 20, 1991. Roderick Van Tuyl will be making the requested adjustment on the southern road. We would appreciate the Board taking another look at the map at this time inasmuch as the recent requested ~ revision requires recomputations by Mr. Van Tuyl that will add to the overall expense. If any other revisions can be identified now it would be helpful. i do not have the Board's resolution granting sketch plan approval and would appreciate receiving a copy at your convenience. V truly ur , Daniel C. Ro s cc: Roderick Van Tuyl Mr. J. Paul Friedberg DCR:Vm/lw 3lfriedb2 hAAY 2 9 i991 ~ ~.s( ~ ' PLANNING BOARD MEMBERS ~ ~ ~ a " SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Y . ~'t'A €~--,.a~' ~ Supervisor George Ri[chie Latham, Jr. > y~ Richard G. Ward ~ / Town Hall, 53095 Main Road ~~''7^-~w:."~'~ P.O. Box 1179 Mark S. McDonald Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTT-TOLD Fax (516) 765-1823 May 20, 1991 Daniel C. Ross Wickham, Wickham & Bressler Main Road P:O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision West Mill Road SCTM# 1000-106-9-4 Dear Mr. Ross: The Planning Board is in receipt of the preliminary maps for the above mentioned subdivision proposal. The Planning Board can not proceed with their review until road profiles and drainage plans are submitted. Please note, also, that it is not necessary for the southern cul-de-sac to be as long as shown. It need only provide access to Lots 3 and 4. The maps should be revised accordingly prior to submission of the road profiles and drainage plans. If you have any questions regarding the above, please contact this office. Very truly yours, ~~~u` Bennett Orlowski, Jr.~ 'nxS Chairman r • ,,;1 LAW OFFICES WICKHAM. WICKHAM &BRESSLER, P.c. MAIN ROAD. P.O. BO% 1424 ~ - MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW VORK 11952 "ORTG AGE C«'{E ERIC J. BRESSLER c1206.5300 ABIGAIL A. WICKHAM 516-296-8353 E..F~An 00 fi'6~?982012 DANIEL C. RO55 TELEFAX NO. S16~296-8565 KAREN J. HAGEN HUBERT F. SULLIVAN JOSEPH C. SAVING April 17, I99I Southold Town Planning Board Southold Town Hall Southold, N. Y. 11971 Attention: Bennett Orlowski, Jr., Chairman Re: West Mill Road Subdivision Dear Mr. Orlowski: By correspondence dated August 1, 1990 the Board requested certain items be provided in relation to the major subdivision application. My review of the file indicates all the requests have been satisfied. In addition on April 1, 1991, the board resolved a negative SEQRA declaration. We request that this matter be put on the Board's agenda for sketch plan approval. Very truly yours, ,.,iL.. Daniel C. Rbss" DCR:vm cc: J. Paul Friedberg ~(~~1~~ ~kz ~c, ~n s c~-~~ic e - ~~G Ske~c~ ct6~ptOJc~ t'z-~~D, ctl"uai~~wq ~~f2~irnivtar~ ~su~4vr~~ss~oN , c.~' LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUC K, LONG ISLAND MORTGAGE OFFICE WILLIAM WICKHAM NEW YORK 11952 ERIC J. BRESSLER 516-296-5300 ABIGAIL A. WICKHAM 516-296-6353 TELEFA% NO. 516-296-2012 DANIEL C. RO55 TELEFAX NO. 516-296-6565 KAREN J. HAG EN HUBERT F. SULLIVAN JOSEPH C. SAVING May 17, 1991 Southold Town Planning Board Southold Town Hall Southold, N.Y. 11971 Re: West Mill Road Subdivision SCTM No. 1000/106/9/4 Dear Sirs: Enclosed please find 10 preliminary Subdivision Maps for the Boards consideration. truly yours, a Ro DCR:vm Encl. 4tiir' 2 0 199+ UW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. AAA MAIN ROAD. P.O. BOX 1424 MATTITUC K, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE NEW YORK 11952 - ERIC J. BRESSLER 516-298-5300 ABIGAIL A. WICKHAM TELEFAX NO. 516-298-2012 516-298.8353 DANIEL C. RO55 TELE FAX NO. SI6-29 B-6565 KAREN J. HAGEN HUBERT F. SU LLIVAN JOSEPH C. 3AVIN0 April 17, 1991 Southold Town Planning Board Southold Town Hall Southold, N.Y. 11971 Attention: Bennett Orlowski, Jr., Chairman Re: West Mill Road Subdivision Dear Mr. Orlowski: By correspondence dated August 1, 1990 the Board requested certain items be provided in relation to the major subdivision application. My review of the file indicates all the requests have been satisfied. In addition on April 1, 1991, the board resolved a negative SEQRA declaration. We request that this matter be put on the Board's agenda for sketch plan approval. Very truly yours, - , ' ~ C ~ DCR:vm cc: J. Paul Friedberg APR 18 ~ ~Y~ ..c PLANNING BOARD MEMBERS z ' ~ ~ ~ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman " tf I ~ ~ ~ ~ Supervisor George Ritchie Latham, Jr. •.~~+n w~© Richard G. Ward ~ t Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1 179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 2, 1991 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O, Box 1424 Mattituck, New York 11952 RE: Major Subdivision of West Mill Road SCTM#1000-106-9-4 Dear Mr. Ross: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 1, 1991. Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, 6L~J2~~~~' ~ ~5 Bennett Orlowski, Jr. Chairman Encl. ,.p-;; ~~%a< W - ' ti~ c ;s 1. - ` ~ _ ~ SCOTT L. HARRIS PLANNING BOARD MEMBERS } ? ~ Supervisor Bennett Orlowski, Jr., Chairman ~ ~ Q~ George Ritchie Latham, Jr. <li~~l q1 Town Hall, 53095 Main Road Richard G. Ward ~ P.O. Box 1179 Mark S. McDonald Southold. New York 11971 Kenneth L. Edwards pLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 Telephone (516) 765-1938 NEGATIVE DECLARATION Notice of Determination of Non-Significance Determination of Significance Lead Agency: Planning Board of the Town of Southold Address: Town Hall, 53095 Main Road , P.O. Box 1179 Southold, New York 11971 Date: March 18, 1991 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservatton Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment and that'a Draft Environmental Impact Statement need not be prepared. Title ofAction: Major Subdivision West Mill Road, Mattituck, New York SEQR Status: Unlisted Action Project Description: The project which is the subject of this Determination, involves the subdivision of a 22.106 acre parcel into ten (10) single family residential lots clustered on 9.96 acres, with the rest of the acreage designated open space. Individual wells and sanitary systems are proposed. SCTM Number; District 1000-Section 106-Block 09-Lot 04. Location: The site is located along the northwest side of West Mill Road, opposite Bayview Road, Mattituck, in the Town of Southold, New York. -~$v Kk t) y J?~*{ ' t{ rL '~lta~cl ~i~_ r~ < West hfill Road Subdivision SEQR Determination Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: 1) The subject property is zoned R-80, requiring lots of 80,000 square feet or greater; however, the applicant proposes to cluster on the least sensitive sections of the 22.106 acre site and designate 12.146 as open space, thus conforming to the yield stipulated by the zoning, yet maintaining a greater amount of open space for aesthetic and natural resources. 2) The site was inspected and found not to contain significant or sensitive natural environmental resources. There is a small depression located on the site, but it is not unique nor does it have potential to have an impact to the project, or to be impacted by the project. The project site is adjacent to lots with occupied single family dwellings, and the proposed use is consistent with the use and character of the community, through the use of clustering to provide adequate open space and to develop only on those areas that are least sensitive to development, and allow for the visitation of local wildlife to the site. 3) The lot sizes are wholly consistent with the density standards established pursuant to Article 6 of the Suffolk County Sanitary Code; and, the magnitude and size of the project, and the minimal impact expected as a result of the cluster subdivision does not warrant the preparation of an Environmental Impact Statement. For Further Information: e Contact Person: Bennett Orlowski, Chairman Town of Southold Planing Board Address: Town Hall, Main Road, Southold Phone No.: (516) 765-1938 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation Regional Office-New York State the Department of Environmental Conservation Applicant - Suffolk County Department of Health Services Judith Tsrry' =Towri _E;1er}e .Page 2 of 2 - 5 M1 aF' ~a,'~`',~` it f~ '4ti ~'/,~~iY~..Kf+~s+,+w"iWiY ~~S 4~84"z~.Y7ii6bUk:x~~' ~ i r :i a s, - • uCl,Fi~LL ~R: CRAMER, VO~RI-~, l~~ff ~ OCIATES ENVIRONMENTAp~,;?aN.a~ , G CONSULTANTS ~:S 'YPi itii: March 15, 1991 Mr. Bennett Orlowski, Jr. Chairman Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 ~ ~ 8 ~9~1 Re: Review of LEAF West Mill Road, Subdivision SCTM# 1000-106-9-4 Dear Benny: Asper the your request we have completed a preliminary review of the above referenced project. Tasks and completed actlvlties are identified as follows: 1. Review Part I LEAF The parcel has been field inspected by CVA, and the LEAF has been reviewed and amended as necessary. A copy of same is attached. 2. Prepare Part II LEAF The Part II LEAF checklist has been completed and is also attached. Additional information concerning our findings is included below. 3. Advise as Necessary The parcel has been inspected and environmental references concerning the site and area have been consulted. The following describes the area surrounding the site. The site presently borders on West Mill Road, with small black pine trees fringing the property and road. Directly across West Mill Road to the east is an abandoned field, with grasses and other opportunistic species covering the parcel. To the north and south are single family homes. Directly west of the site is another single family home which has some unused field bordering the property. The surrounding parcels are mostly open, with lawns and a few plantings to provide ground cover. The property itself is mostly flat due to the plowing and planting activities that took place, in connection with past agricultural use. The southern and northern sections of the site (the area for proposed house construction), have flat terrain. There are nursery plantings clustered within these areas, consisting of small evergreen plantings 1 to 2 feet in height. Interspersed with these plantings are grasses that have seeded themselves into the field following cessation of active nursery use. Along the north western portion of the site, and mm~ing parallel to West Mill Road, there are similar plantings of evergreens with a few ornamental species interspersed. This area has also been invaded by grasses, and sections have been turned under by plow. The midsection of the parcel has a small depression vr'th a low elevation of 35' and traverses about 400' of the site, generally parallel to West Mill Road. The depression Page 1 of 2 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 West Mill Road Loag EAF Review rises with slopes of 6 to 15%. Although the depression could have been formed by glacial ice melting and creating a deformation, the feature is not a typical kettlehole. The soil types located at the site are droughty, and there is very little clay to be found, even within the depression. Grasses and other herbaceous plants have seeded themselves and there is no evidence of standing water conditions (no silt or mud, no unvegetated areas, no wetland indicators), that would identify the depression as a vernal pond or wetland. In addition, the sloped walls of the depression do not show signs of erosion, even though there have been some extreme rain events recently. The applicant proposes to maintain a 50' scenic easement along West Mill Road; this is recommended due to the fact that there already existing small, black pine trees which have the potential to grow much larger than their present height of 6-7, thus providing a natural buffer from the road. The other plantings at the site should also be utilized in the final landscaping around the proposed homes, since these species do well in sandy soil and have already been established. The cluster development, which would leave approximately 12 acres undisturbed, is sensitive to the needs of the site due to the presence of the depression. The homes are set back far enough from the area that the risk of erosion should be minimal if the present ground cover remains undisturbed, especially since there is no evidence of erosion at present. The homes are in keeping with the present land use, and due to the amount of acreage proposed as open space the character of the land will not be greatly disturbed. We feel that the use of clustering on the site is appropriate, and the proposed map represents the best use of this technique in preserving the most sensitive portions of the site in consideration of topography and land use. It is also noted that the south cul-de-sac aligns with Bayview Avenue, and the north road provides a tap to adjacent properties, two features which are appropriate. As a result we recommend that a Negative Declaration be considered based upon this review of an on-site investigation and the accompanying Determination of Significance. If there is any further information that the Board rec)uires in order to make a final determination, we would be Kappy to supply any other details deemed necessary. Please do not hesitate to call or write this office if you have any questions regarding this protect. V t arees J. oorhis enc: Part I/II LEAF Determination of Significance CRAMER, V SOCIATES Page2or2 ENVIRONMENT tG CONSULTANTS SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Determination of Significance Lead Agency: Planning Board of the Town of Southold Address: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: March 18, 1991 This notice is issued pursuant to Part 617, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment and that a Draft Environmental Impact Statement need not be prepared. Title of Action: Major Subdivision West Mill Road, Mattituck, New York SEQR Status: Unlisted Action Project Description: The project which is the subject of this Determination, involves the subdivision of a 22.106 acre parcel into ten (10) single family residential lots clustered on 9.96 acres, with the rest of the acreage designated open space. Individual wells and sanitary systems are proposed. SCTM Number: District 1000-Section 106-Block 09-Lot 04. Location: The site is located along the northwest side of West Mill Road, opposite Bayview Road, Mattituck, in the Town of Southold, New York. Page 1 of 2 Wes[ Mill Road Subdivision SEQR Determination Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: 1) The subject property is zoned R-80, requiring lots of 80,000 square feet or greater; however, the applicant proposes to cluster on the least sensitive sections of the 22.106 acre site and designate 12.146 as open space, thus conforming to the yield stipulated by the zoning, yet maintaining a greater amount of open space for aesthetic and natural resources. 2) The site was inspected and found not to contain significant or sensitive natural environmental resources. There is a small depression located on the site, but it is not unique nor does it have potential to have an impact to the project, or to be impacted by the project. The project site is adjacent to lots with occupied single family dwellings, and the proposed use is consistent with the use and character of the community, through the use of clustering to provide adequate open space and to develop only on those areas that are least sensitive to development, and allow for the visitation of local wildlife to the site. 3) The lot sizes are wholly consistent with the density standards established pursuant to Article 6 of the Suffolk County Sanitary Code; and, the magnitude and size of the project, and the minimal impact expected as a result of the cluster subdivision does not warrant the preparation of an Environmental Impact Statement. For Further Information: a Contact Person: Bennett Orlowski, Chairman Town of Southold Planing Board Address: Town Hall, Main Road, Southold Phone No.: (516) 765-1938 Copies of this Notice Sent to: ~~uuxxiimissioner-Department of Environmental Conservation Regional Office-New York State the Department of Environmental Conservation ~ ~ Applicant-Ibrg Suffolk County Department of Health Services t ~,-g , J v Ti (v~~ 1 Page 2 of 2 i ~ West Mill Road Subdivision SEQR Determination Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11, the Long Environmental Assessment Form Parts I and II, and the following specific reasons: 1) The subject property is zoned R-80, requiring lots of 80,000 s4uare feet or greater; however, the applicant proposes to cluster on the least sensittve sections of the 22.106 acre site and designate 12.146 as open space, thus conforming to the yield stipulated by the zoning, yet maintaining a greater amount of open space for aesthetic and natural resources. 2) The site was inspected and found not to contain significant or sensitive natural environmental resources. There is a small depression located on the site, but it is not unique nor does it have potential to have an impact to the project, or to be impacted by the project. The project site is adjacent to lots with occupied single family dwellings, and the proposed use is consistent with the use and character of the community, through the use of clustering to provide adequate open space and to develop only on those areas that are least sensitive to development, and allow for the visitation of local wildlife to the site. 3) The lot sizes are wholly consistent with the density standards established pursuant to Article 6 of the Suffolk County Sanitary Code; and, the magnitude and size of the project, and the minimal impact expected as a result of the cluster subdivision does not warrant the preparation of an Environmental Impact Statement. For Further Information: Contact Person: Bennett Orlowski, Chairman Town of Southold Planing Board Address: Town Hall, Main Road, Southold Phone No.: (516) 765-1938 Copies of this Notice Sent to: Commissioner-Department of Environmental Conservation Regional Office-New York State the Department of Environmental Conservation Applicant Suffolk County Department of Health Services Judith Terry; ~i'own Cierk Page 2 of 2 14-16-2 (2187)-7c • 617.21 SEAR Appendix A FULL ENVIRONVMENTALIASSESSMENT FORIW~~' ! ~ (ryc~ C• Purpose: The full EAF is designed [o 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 be technically expert in environmental ~~analysis. In addition, many who have knowledge in one particular area may ~otbe aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. :Full EAF Comr~agents: The fuil_EAF is comprisedtof three parts: Part 1: Provides objective data and informatiori'about agiven project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. ' Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potential ly- 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: ~ Part 1 Part 2 Part 3 C 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 magitude and importance of each impact, it is reasonably determined by.the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ? B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigatiori measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ? C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. ' A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer ( Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 - P~ 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 ~ `'a WEST MILL ROAD SUBDIVISION - LOCATION OF ACTION Ilnelutla Street Adtlress, Municipality antl County) West Mill Road, P1attituck, N.Y., County of Suffolk NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE t^.. Paufi Friedberga~° f212) 580-7761 ADDRESS 41 East 11th Street _ - - - CITY/PO STATE ZIP CODE New York II.Y. 10003 NAME OF OWNER pf Oifferenq I SUSIN ESS TELEPHONE ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Cluster Major Subdivision Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ?Urban ?Industrial ?Commercial ?Residential (suburban) ri-..Rural (non-far ?Forest CSAgriculture t~Other /~13RNDDl~FIJ G=L^LD 2. Total acreage of project area: 22.106 acres. APPROXIMATE ACREAGE i~~ PRESENTLY AFTER C0~~IPLETION Meadow or Brushland (Non-agricultural) - acres -N. A, acres Forested ~U acres N acres Agricultural (Includes orchards, cropland, pasture, etc.) fy A. acres ~.A acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECU N, A. acres ~U acres Water Surface Area ~ acres acres Unvegetated (Rock, earth or fill) acres N.~ ~ acres ,,~~II Roads, buildings and o//ItIher paved surfaces Lots $ ROddS ~1f,/~. acres Q.q6 acres („`~,G~ Other (Indicate type) /7/3.4NOOrUCr7 )-S~c~S y?U,¢SF2YSRL•IL zz r I ~ acres ~ Z . / r/'6 acres dddd----~~~~~~" ~ OLYMC?TN LC•/}M YS/iNU 3-Yj SLCN[-S PLYM~H6-K/aVELO'( ~ 3. What is predominant soil type(s) on project site? KtyE,eNFiro SArdU> ioHM ®'3 B 9 P „tee t,oHrn Y.cnuo pyy-y a. Soil drainage: ®Well drained 100 % of site ?Moderately well drained °.o of site ?Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through a of the N Land Classification System? N,/4, acres. (See 1 NYCRR 370). 4. Are there hedrock outcroppings on project site? ?Yes pNo a. What is depth to bedrock? ' 7~0' (in feet) " ~ SUFFGL.1~ CO. SoT_t- SL)2~eY.11575 p ' S. Approximate percentage of proposed p~i.5ite with slopes: ?0-10% 5 U o ~ ?10-15% Z`J % ` ~ ~ f715% or greater ~-5 6. Is project substantially contiguous to, or contain a building, site, or drstrict, listed on the State or the National Registers of Historic Places? ?Yes fC]No !s project substantially contiguous to a site listed on the Register of National Natural Landmarks? ?Yes I,if;No 8. What is the depth of the water table? 5~' 6" (in feet) J 9. Is site located over a primary, principal, or sole source aquifer? ~jYes ?No N YS G-M P ~ohJL'' LSZ ~ 10. Do hunting, fishing or shelf fishing opportunities presently exist in the project area? CYes 6-c]No 11. Does project site contain any species of plant or animal life th8t: i5"identified as threatened or endangered? ?Yes f~No According to 5=rE rr~~/r,SrrG-/firr~r~ 13Y /zE?=Cr?G2 ~~yyQp~~ Identify each species ~1lF~~2. Are there any unique or unusual land forms on the project site? (i. e., cliffs, dunes, other geological formations) `VI`"~^' Yes ~No L~Describe ~ ~SINfSLi,' ,L'E71-L IiOL ~P/Z~5S=oiU /~-T yO~Cott/TOL, T/~'!Y>" YY.~c c- /3E G EST A OPC A/ - 13. is the project site presently used by the community or neighborhood as an open space or recreation area? ?Yes f~No It yes, explain 14. Does the present site include scenic views known to be important to the community? ?Yes ®No 15. Streams within or contiguous to project area: None 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 Non b. Size On acres) 17. Is the site served by existing public utilities? kYes ?No Electric a) If Yes, does sufficient capacity exist to allow connection? C9Yes ?No b) If Yes, will improvements be necessary to allow connection? ®Yes ?No 18. is the site located in an agricultural district certified pursuant to Agriculture and ~~tarkets Law, Article 25-AA, Section 303 and 304? ?Yes f~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR b17? ?Yes ®No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ?Yes l1xNo 6. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor ~ d~~ acres. b. Project acreage to be developed: 9.96 acres initially; q~ acres ultimately. c. Project acreage to remain undeveloped 12.15 acres. d. Length of project, in miles: N/A flf appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A ~?vr2 f. Number of off-street parking spaces existing G' ;proposed JvA• ' CRji'S G/3r2k6-CQ 02 LrV U2L't/ - l~ls/Z~COYJE TOWN OG S1DVT/IUL.JJ g. Maximum vehicular trips generated per hour / C7 (upon completion of project)? _ h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 10 Dimensions (in feet) of largest proposed structure height; i'" width; length. Unknown j. Linear feet of frontage along a public thoroughfare project will occu ? , ~,1 Z 3 y"Z TowN c`r°--~` py is ~ so urfao!-D ~snc-<-zFr~ Gzwwr~ wit-~=2 Pzo-rtynrr:.~~ q~a3 PF-c~~c.z~~,~t, 2,1G-rN,./.ra. Pc+i~~~~zwc- dorrnnlYtYb t/.St.'r'rOCK OC. r;P~l(TH SE~ZV~'CSr W~+rc-~Z L'Civ,'~?;zs ~ 14 d'~, How much natural material (i.e., ro~arth, etc.) will be removed from the s~~~ ~ tonslcubiG yards, 3. Will disturbed areas be reclaimed? ?Yes ?No f3N/A a. If yes, for what intender: purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ?Yes ?No ~ c. Will upper subsoil be stockpiled for reclamation? ?Yes ?No (~~"4. How many acres of vegetation (trees, shru ,ground cover will be removed from site? 9 96 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? []Yes k~No 6. If single phase project: Anticipated period of construction "2-3"'~ " months, (including demolition). Roads 7. If multi-phased: a. Total number of phases anticipated 1 (number). RoddS~ iturtES b. Arficipated date of commencement phase 1 Ilnknnwn month year, (including demolition). c. Approximate completion date of final phase llnk,~nil;•;,r~ month year. d. Is phase 1 functionally dependent on subsequent phases? ?Yes ?No N/A 8. Witt blasting occur during construction? ?Yes y~,No 9. Number of jobs generated: during construction 1-10 ;after project is complete 10. Number of jobs eliminated by this project fJone 11, Will project require relocation of any projects or facilities? ?Yes 6c7No If yes, explain 12. Is surface liquid waste disposal involved? ?Yes Jt~•to 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? f&IYes ZtJo Type _~Y~y ~ ~ ~/z/s,-GE 14. Will surface area of an existing water body increase or decrease by proposal? ?Yes GclNo Explain 15. Is project or any portion of project located in a 100 year flood plain? ?Yes ®No ((I,)w"16. Will the project generate solid waste? gjYes $(No J'~ a. tf yes, what is the amount per month ~~/7.' ~{7S{7S ~ b. If yes, will an existing solid waste facility be used? 'Yes ?No CTC'/fr]6-. c. If yes, give name `~OUTI~o~U Sol,LO V`ffKT~ i4i(.A„yTrocation (U 012-TN ,et~r "sTr-"ter d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Yes ?No e. If Yes, explain 5't1_l2eM'~1l>TFiZ fit)h1 DF%F 17. Will the project involve the disposal of solid waste? ?Yes C&No a. If yes, what is the anticipated rate of disposal? tonslmonth. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Yes G]No LAWN ~PKr'EP 19. Will project routinely produce odors (more than one hour per day)? ?Yes L)No 20. Will project produce operating noise exceeding the local ambient noise levels? ?Yes 6No 21. Will project result in an increase in energy use? (Yes ;-7No If yes ,indicate type(s) (=LG(' T(LSC _ _ 22. If water supply is from wells, indicate pumping capacity gales ~o~slminute. 23. Total anticipated water usage per day. ~ y. 24. Does project involve Local, State or Federal funding? ?Yes flNo If Yes, explain -jf~ 50 ~ L r7 t+>r/~}S7E l7SS GCd:r~l- zIV n1, S %AT(= • 4 r • S{~eSiic c~V~°+'O ~'"~'~TE2 /-'a~o7ErTZ'e•ni .4rIEA <?FtsErr ~ - [.~"t_FC-%<>ni~~G Gca~irinis>v'~-t3 ~,.rR.~~/P~'i. _ ' 25. Approvals Required: ~ Submittal Type Date City, Town, Village Board ?Yes 1a~?`!m CX~Town, Vgj~aggtPlanning Board k7Yes ?No Southold Town Planning Bd. 9/86 City, Town Zoning Board (:+Yes GfNo c. _ City, County Health Department I~Yes ?No Suffolk County Health Debt 1Q/89 Other Local Agencies ?Yes QNo Other Regional Agencies ?Yes QNo ~ _ • ~ State Agencies ?Yes QNo Federal Agencies ~ ?Yes QNo C. Zoning and Planning Information: 7. Does proposed action involve a planning or zoning decision? >XYes ?No . If Yes, indicate decision required: ?zoning amendment hzoning variance ?special use permit ®subdivision ?site plan ?newlrevision of master plan ?resource management plan ?other 2. What is the zoning classifications)of the site? R-80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Eleven Lots 4. What is the proposed zoning of the site? R-80 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Eleven Lot C 6. Is the proposed action consistent with the recommended uses in adopted Iota( land use plans? f~Yes ?No 7. What are the predominant land use(s) and zoning classifications within a mile radius of proposed action? Residential and agriculture 8. fs the proposed action compatible with adjoininglsurrounding land uses within a mile? &]Yes ?No 9. If the proposed action is the subdivision of land, haw many lots are proposed? Zp~ a. What is the minimum lot size proposed? _ 36,100 70. Will proposed action require any authorization(s) for the formation of sewer or water districts? ?Yes ®No 17. Will the proposed action rreate a demand for any community provided services (recreation, education, police, fire protection)? ?Yes L19No a. If yes, is existing capacity sufficient to handle projected demand? (''yes ?No ~~r 12. Will the proposed action result in the generation of traffic significantly above present levels? ?Yes C)dNo a. If yes, is the existing road network adequate to handle the additiona! traffic? ?Yes ?No N/p D. tnformationat Details Attach any additional information as may be needed to clarify your project. !f there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verificat" n 1 ceruf info mati ovided above is true to the best of my knowledge. A ica I Na a Date Nnvamhar F 1gg0 Sign a Title t is in the C a al Ar you areas a agency, complete the Coastal Assessment form before proceeding with this ss men 5 J' r Pali 2-PROJ~T IMPACTS AND THEIR MA(i~tJDE RespomibiRty of Ead Ageacy General Information (Read Carefully) • to completing the form the reviewer should be guided by the question: Have my responses and aeterminations been rtasonabltl The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily signifiwt Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples ant generally applicable throughout the State and for most situations. But, for any specific project or site other examples andfa k»ver thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluatan in Part 3. • The Impacts of each project, on each site, in each locality, will vary. 7hereforc, the examples arc illustrative and have been offered as guidance. They do rat constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumiative effects. Inatrudioru (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Ya if there will be any impact b. Maybe answers should be considered as Yes answers. c. if answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. _ d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. if a potentially large impact checked in column 2 can be mitigated by changds) in the project to a small to moderate impact, also check the Ya box in column 3. A No response indicates that wch a reduction fs not possible. This must be explained in Part 3. 1 2 3 Small to Potentlal Cart Impact Be Moderate Large Mitigated By IMPACT ON LAND - - - Gtipa-iy Impact ProJ«a Change 7 . Will the proposed action resuk in a physical change to the project sitel -I~NO OYES Examples that would apply to column 2 • My construction on slopes of 1596 or greater, (15 foot rise per 100 ? ? ?Yes ?No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ? ? ?Yes ?No 3 feet • Construction of paved parking area for 1,000 or more vehicles. C) D ?Yes ?No • Construction on land where bedrock is exposed or generally within O D ?Yes ?No 3 feet of existing ground wrface. Construction that will continue for more than 1 year or involve more ? ? ?Yes ONo than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ? ? ?Yes ?No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ? ? ?Yes ?No • Construction in a designated floodway. ? ~ ?Yes ?No • Other impacts ? D ?Yes ?No 2. Will there be an effect t~.. _.~y unique or unusual land forms fou on the site? (i.e., cliffs, dunes, geological formations, etc.)ONO YES • Specific land forms: _ D OYes ?No y 17EI2~3 S.LDr~ /~T 7 f<D ~ c°G~/I/~Od72- 8 1 Q $ IMPACT ON WATER Small to Potential Can Impact Be 3 Will proposed action affect any water body designated as protectedt Moderate Large Mltlpatrad SY (Under Articles 15, 21, 25 of the Environmental Conx ati n law, ECl) Impact Impact ProjsCt Change 10 OYES Eaampln that would apply to column 2 • Developable area of site contains a protected water body. ? ? ?Yes ?No • Dredging more than 100 cubic yards of material from channel of a ? ? ?Yes ?No protected stream. • Extension of utility distribution facilities through a protected water body. ? ? ?Yes ?No • Construction in a designated freshwater or tidal wetland. ? ? DYes ONo • Otlxr impacu: ? ? ?Yes ?No 4. Will proposed action affect any non•protected existing or new body of watert ~NO OYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ? ? DYes ?No or more than a 10 acre increax or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ? ? ?Yes ?No • Other impacts: ? ? ?Yes DNo S. Wilt Proposed Action affect surface or groundwater quality or quantityt ~NO ?YES Esvmpks that would apply tQ column 2 • Proposed Action will require a discharge permit. ? D ?Yes ?No • Proposed Action requires ux of a source of water that does rwt ? - ? ?Yes ?No have approval to. serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ? ? ?Yes ?No gallons per minute pumping Capacity. • Construction a operaYron causing arty contamination of a water ? ? ?Yes ?N_ supply system. • Propoxd Action will adversely affect groundwater. ? ? ?Yes ?N~ • Liquid effluent will be conveyer; off the site to facilities wh:: h presently ? ? ?Yes ?N~ do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ? ? ?Yes ?N• day. • Proposed Action wig likel•• cap>e siltation or other discharge into an ? ? ?Yes GN existing body of water the e~rent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ? ? ?Yes ?N products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ? ? ?Yes and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ? ? DYes ?7 require new or expansion of existing waste treatment and/or storage facilities. • Other impacu: ? ? ?Yes D' ! 4. Will proposed action alter drainage flow or patte or surface J water runofft ~NO {YES Fs::nples that would apply to column 2 • Proposed Action would change flood water flows. ? ?Yes ? 7 i ,r., ~ s a Small to Potential Can Impact 8e Moderate large Mltlpated 8Y Impact Impact Project Change • Proposed Action may causc substantial erosion. ? DYes ?No • Proposed Action is incompatible with existing drainage patterns, ? ?Yes ?No • Proposed Action will allow development in a designated floodway. Y'r ? ?Yes ?No Other impacts: ? ? ?Yes ONo IMPACT ON AIR 7. Will proposed action affect air qualityT ~NO OYES Examples that would apply to column 2 • Proposed Action will induct 1,000 or more vehicle nips in any given ? ? ?Yes ?No hour. • Proposed Action wil! result in the incineration of more than 1 ton of ? ? ?Yes ?No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ? ? ?Yes ?No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ? ? ?Yes ?No to industrial use. • Proposed action wil! allow sn increase in the density of industrial ? ? ?Yes ?No development within existing industrial areu. • Other impacts: ? O ?Yes ?No IMPACT ON PLANTS AND ANIMAL8 8. Will Proposed Action affect any threatened or endan erect speciesr ~NO OYES Exampks that Mould apply to column 2 •Reduction of one or more species listed on the New York or Federal ? ? DYes ?No list, using the site, over or near site or found on tfx site. • Removal of any portion of a critical or significant wildlife habitat ? ? ?Yes ?No • Application of pesticide or herbicide more than twice a year, other ? ? ?Yes ?No than for agricultura! purposes. • Other impacu: ? ? ?Yes DNo 9. Will Proposed Action substantially affect non-threat ned or non-endangered speciesl ~NO OYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ? ? ?Yes ?No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ? ? ?Yes ?No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AQRICULTURAL LAND RESOURCES 10. Wil) the Proposed Action affect agricultural land re urcest ~NO OYES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural ? ? ?Yes ?No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 . 1 Z ~ Smolt to Potential Can Impact !a Mtxlerata Large Mltlpated 8p Impact Impact Protect Change • Construction activity would excavate or compact the soil profile of ? O OYes DNo atricultural land. • The proposed action would irreversibly convert more than 10 acres ? ? ?Yes DNo of atricultural land or, if located in an Atricultutal District, more • than 2.S acres of atricultural land. • The proposed action would disrupt «prevert installation of atricultural ? ? ?Yes DNo land manatement systems (e.t., subsurface drain lines, outlet ditches, strip croppint); « create a need for such measures (e.t. cause a farm field to drain poorly due to increased runoff) • Other impacu: ? ? ?Yes DNo IMPACT ON AESTHETIC RESpURCE~ 11 . Will proposed action affect aesthetic resourcesl O OYES (tf necessary, use the Visual EAF Addendum m Section 617.21, Appendix 8.) ' ' Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ? _ ?Yes ?No or in sharp contrast to current surroundint jand use patterns, whether man-made or natural. • Proposed land uses, or project components visible to user of ? ? DYes ?No aesthetic resources which will eliminate or sitnrficantly reduu their . enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or sitnificant ? ? ?Yes ?No screenint of scenic views known to be important to the area. • Other impacu: - ? ? ?Yes DNo IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure o. historic, pre- historic or paleontolotical importance? 1~]NO OYES E::mples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ? ? ?Yes ?No contituous to any (acitity or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ? ? ?Yes ?No project site. • Proposed Action will occur in an area designated as sensitive for ? D ?Yes ?No archaeological sites on the NYS Site Inventory. • Other impacts: ? ? ?Yes ONo IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing « future open spaces or recreational opportunitiesf _ Examples that would apply to column 2 ~O OYES { )The permanent toreclosurc of a future recreational o rtunity. ? ? ?Yes ?No .Y A major reduction of an open space important to the community. ? ? DYes DNo • Other impacts: ? ? ?Yes DNo IMPACT ON TRANSPORTATION ~ ~ i Small to Potantlal Can Itttped 8e 11. Will there be an effect to existing transportation syst msf Moderate Urge Mltlpata0 t'ty ~NO OYES Impact Impact Pro)ect Change Ezamples that would apply to column T • Alteration of present patterns of movement of people and/or goods. ? ? ?Yes ?No • Proposed Action will result in major traffic problems. ? ? ?Yes , DNo • Other impacts: ? ? ?Yes ?No IMPACT ON ENERGY 15. Wilt proposed action affect the community's sou[c~s of fuel or energy supplyf ENO OYES Ezamples that would apply to column 2 • Proposed Action will cause a greater than S% increase in the use of ? ? ?Yes ?No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ? ? ?Yes ?No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ? ? Dyes ?No NOISE AND ODOR IMPACT8 16. Will there be objectionable odors, noise, or vibra(ipn as a result Of the Proposed Actlonf ®NO OYES" Ezamples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive O ? ?Yes ?No facility. • Odon will occur routinely (more than one hour per dayl _ ? ? ?Yes DNS • Proposed Action will produce operating rroise exceeding the local ~ _ ? DYes ?N~ ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ? ? ?Yes ?N• noise screen. • Other impacts: ? ? Oyes ON IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safe 10 OYES Ezamples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ? O ?Yes ?P substances (i,e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic tow level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ? ? ?Yes form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ? ? ?Yes ? gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ? D ?Yes within 2,000 feet of a site used for the disposal of solid or hazardous wute. • Other impacts: D ? ?Yes 10 1 ~ 3 IMPACT ON GROHVTH AND CHARACTER Smail to Potential Can Impact Be OF COMMUNrrY OR NEIGHBORHOOD Moderate large Mitigated ey 1g. Wilt proposed action affect the character of the exist~i~g communityt Impact Impact ProJsCt Change `ENO ?YES Examples that would apply to column I yy • The permanent population of the city, town a village in which the ? D ?Yes ?No project is located is likely to grow by more than S%. • The municipal budget for capital expenditures or operating services ? ? ?Yes ?No will increase by more than S% per year as a mull of this project. • Proposed action will conflict with officially adopted plans or goals. ? ? ?Yes ?No • Proposed action will cause s change in the density of land use. ? ? DYes ?No • Proposed Action will replace or eliminate existing facilities, structures ? ? ?Yes ?No or areas of historic importance to the community. • Development will create a demand for additional community services ? ? ?Yes ?No (e.g, schools, police and tire, etc.) • Proposed Action will set an important precedent for future projects. ? ? ?Yes ?No • Proposed Action will create or eliminate employment. ? ? ?Yes ?No • Other impacu: ? ? ?Yes ?No 19. Is there, or is there likely to be, public contriive y related to potential adverse environmental impactsl ~10 OYES if Any Action In Part 2 Is Ideniiiled as a Potential Large Impact or If You Cannot Determine the Ma~nltude of impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Respomibility of Lead A=envy Part 3 must be prepared it one or more impact(s) 4 considered to be potentially large, even if the impact(s) may b mitisated. Inst?uctions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change( 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • lu irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • lu potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) t. ~ ire su~~~~ LAW OFFfCES WICKHAM, WICKHAM &BRESSLER, P.c. MAIN ROAD, P.O. BOX la2a MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESSLER ABIGAIL A. WICKHAM 516-296-5300 516-296-8333 TELEFAX NO. 516-296-2012 DANIEL C. ROBS TELEFAX NO. 516-298-8565 KAREN J. HAGEN KUBERT F. BULLIVAN JOBEPH C. SAVINO February 6, 1991 Southold Town Planning Board Office Southold Town Hall . P.O. Box 1179 Southold, N.Y. 11971 G.~c f' ~ ~ 'd. pt-c ~t.. Attention: Ms. Melissa Spiro Re: West Mill Road (formerly Paul Friedberg) SCTM # 1000/106/9/4 Dear Ms. Spiro: Enclosed herewith please find Mr. Freidberg~s check in the amount of $400.00 to cover the cost of the review of the Long Environmental Assessment Form. Very truly yours, Daniel C. Ross DCR:vm Encl. - 7 LAW OFFICES MAY - l WICKHAM, WIC KHAM &BRESSLER, P.C. MAIN ROAD, P.O. eOX 1424 MATTITUC K, LONG ISLAND t m WILLIAM WICKHAM ERIC J. BRESSLER NEW YORK 11952 ~ MORTGAGE OFFICE ABIGAIL A. WICKHAM 516-298-5300 516-29B-B 353 DANIEL C. RO55 KAREN J. HAG EN HUBERT F. SULLIVAN May 3, 1989 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Attention: Ms. Melissa Spiry, A~s1JtaLIL TOWI1 Planner Re: Friedberg Set-off/Sub-division Dear Melissa: After conferencing the Friedberg set-off/subdivision with you, i discussed the matter with our client. We would request that the Board accept the prior yield map that was submitted on the subdivision and base its determination with respect to the lot yield on the remaining acreage after the proposed set-off on the previously submitted yield map. I would also ask you to consider the maximum size of the lot proposed to be set-off that the Board would entertain. The Chairman's correspondence of April 10, 1989 requests access to the open space from all the proposed clustered lots. We feel this is best accomplished by extending the open space to the southern cul-de-sac by way of a "path" between lots 4 and 5 (reference to lot numbers on map attached to April 10, 1989 correspondence). For access by lots 3 and 4, the open space would extend to the northern cul-de-sac by a "path" in between lots 1 and 2 or by way of a "path" along the western boundary of loL 2. Please consider your preference and the size of such access. A written response is not necessary but I wanted you to give these matters some thought. I will stop in next time I am at Town Hall to discuss them. V ry , s DCR:vm Encl. cc: Mr. Walter Diakow )r,.ov ~ ~ ~,~,r r.~ ; e ; i^ t~l~ ~ti n Town Hall. 53095 Main Road 1~" ' ~J ,z P.O. Box 1 179 ~~'S,~ ` Southold. New York 1 1971 ' ~ ~i TELEPHONE (516) 765-1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 10, 1989 M. Paul E'riedberg 41 E. 11th street New York, New York 10003 RE: Proposed Subdivision for Paul F.ri_edberg SCTM#1000-106-9-4 Dear Mr. Friedberg: The Planning Board reviewed the plans submitted by Walter Diakow for the above mentioned subdivision. The northerly piece with the existing structures must be set off from the larger parcel if it is to remain as a 2 acre parcel. In this manner the set off will not be included in the calculations for the cluster subdivision of the remaining larger parcel. The Board requests that the subdivision be designed as shown on the enclosed sketch. This layout locates a cul-de-sac with 6 lots on the southerly portion of the parcel, and a cul-de-sac, extending to the adjoining parcel, with 4 lots on the northerly portion of the parcel. Access to the open space from all of the clustered lots must also be shown on the plan. Upon submission of revised maps the Planning Board will proceed with their review. ery tr~ ly you~s~, /7 ~~~~r/ .,vyUs 4;' BENNETT ORLOWSKI, JR. F~ CHAIRMAN enc. 4 8 X v o ~1eti.: ~ • Ia !d M 'a t fH ~ ~ I p `1`I 1 S O ~ ~ ~ t ~ IYkPeM \ a ~ / l ~ N ~ J( ••°1 c u J d M. Paut Friedberg & Partners A,PR A ~ 19$6 Job Number _ Landscape Architecture Urban Design 41 East 11th Street New York, NY 10003 (212) 477-6366 TRANSMITTAL To I]ave Dnilita Date: _ 4/24/86 c/o Southold Toom Hall Project _ Planning Hoard Southold, IVY 11971 sent via: 1~sPress Mail Transmitted herewith: Please review the enclosed and if possible call me Nbnday before 12:00 noon as I am leaving town Monday evening for Billings, Montana. book forward to hearing from you. Copies: By M. Pau]. Friedberg _ ~ ~ ~ x ~w~~i: N o x ~ I ~ ~ I I: 3.,by~~.v$.a 3ae:hH: °.gv v. .i., z 4 -4 i - ~ _ ~ S / ~sC1'\ r~~c ° i' - [tee" ~_.~=J r „~N,m9 I I 1 F I~ ~ ~ yr F • t° ° N(9yo I 1 f I ( 1 ; fl~ 4x ~~t SN05 t~ s l 4 yA e~S~ NOC I ~ ~ ~ 1~ -tee K I E e ~ _ s e9 c tg t . 1. aty ' ! n^ J,. °fyCy \t4 4. §-o i'd+ \ x OP 4 r .BQ. bpd "2 '"0 ' I I I t. ~ /1 t o `N { yaµ31 t. d f I zty_ 4W4JO ~ i Ejl ~ T 4 \ { Yt[ ' i~ly~ m _ •i6 •A~ _ _ i 19 ~ t _ - t• • ~N i x: u o n iN X 8' ~v ~ ~ YEN[ ~ Pty.. ~ - u4 ' n APO Il - " I & _ 1/jo \j O ~~Elti 8 j MILL ~ V sY~~it - ~ J ~ Y L_' I[Oi xE[[ ~ ~O n qo .c. a ct~0 rj~n" _ ti .i 1' ~nN O R:4 ~B .b1 [ ~ r 1 N o fel i N T ~ o ~ S _ _ 8~ n _ b s } t 8 I a_ - Q~~ _ t~ O ~ / '40NTN SOP ~ - ^ k q l~Z fl d y ~ - . X n ~9 J l 'ty 4 . e ~ ? i c s n~ ip I~ ~ t ~ _ _ 5[[ .tl~x M II " n uC [0 a [yi^EUL~ [i.e ~ [t~wm O f_ ~ % 'L~t ut e[c ~o ar j t r ~ b e ~ \ ~ -d ~d LAW OFFICES I i II ~9 ~ II I I~ j , WICKHAM, WICKHAM & BRESSLER,~P,c~ MAIN ROAD, P.O. BOX 1424 ~ I~ 0(+'}' ~ L` I~ MATTITUCK, LONG ISLAND ~,J l/1 U WILLIAM WICKHAM MO RTGAGE OFFICE E RIC J. 6REGSLER NEW YORK 11952 ''~~-•-~~g ABIGAIL A. WIC KHAM SOUiHOLD T0461~ 516-298-5300 DANIEL C RO55 516-2988353 PLANV ING BO'±HD ' KAREN J. STRETZ HUBERT F. SULLIVAN October 24, 1988 Ms.. Valerie Scopaz Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: Friedberg Major Subdivision Dear Ms. Scopaz: This will confirm our meeting of October 20, 1988 wherein you indicated that you would discuss the above referenced subdivision application at the next Planning Board work session and provide us with input as to placement of lots on the subdivision map. Very tru o s, / D ie DCR:mtb • LAW OFFICES WICKHAM, WICKHAM &BRESSLER, P.c. MAIN ROAD. P.O. BO% 1424 MAT7ITUCK. LONG ISLAND NEW YORK 11952 MORTGAGE OFFICE WILLIAM WICKHAM _ ERIC J. BRESSLER 516-298-8353 516-298-5300 ABIGAIL A. WICKHAM DANIEL C. RO55 August 13, 1987 Southold Town Planning Board Town Hall -Main Road Southold, NY 11971 Att: Ms, Diane M. Schultze Secretary Re: Friedberg Major Subdibision Dear Diane: This will confirm our request to be put on the Planning Board's calendar for the August 24, 1987 meeting. As we understand it, this matter was not placed on the August 10, 1987 calendar because Ms. Scopaz wanted to review Mr. Byers' coimnents and our responses. We are available at the Board's convenience to discuss this matter at any time. Ve truly rs, a ie1 C. Ross DCR:emu cc: Mr. .Walter Diakow RECEIVED BY SUUTHULU l~~,r IL~Iiri~I~~G BOARD RI I I p ~ ~ r DAIS ' ~ ~ ~CEfYED BY LAW OFFICES SUUThGID TOWN PLANNING UOARG , JUL 2 8 1987 WICKHAM, WICKHAM & BRESSLER, a.c. par. MAIN ROAD. P.O. BOX 1424 MATTITUCK, LONG 15L4ND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J, BRESSLER ABIGAIL A. WIC KMAM 516-296-6353 516-298-5300 DANIEL C. RO55 July 27, 1987 Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Att: Mr. Bennett Orlowski Chairman Re: Friedberg Major Subdivision Dear Mr. Orlowski: Pursuant to the Board's request, please find the following documents enclosed herewith: i. Six copies of the drainage calculations as shown on the Yield Plan by Steven J. Hyman, P.E., Consulting Engineer dated June, 1987; 2. Six copies of Yield Map dated 12/17/86 amended 1/29/87, 7/27/87; 3. Six copies of Sketch Plan of Major Subdivision for M. Paul Friedberg, alternate plan 12/17/86, 4/2/87, and 7/27/87. Below we have addressed Mr. Jim Bryer's recommendations of July 7, 1987. 1. Size and depth of Recharge Basin as shown on Yield Plan has been provided on the drainage calculations map. 2. We do not understand this comment but it seems that the most recent proposed Sketch Plan renders discussion regarding grading in the area of lots 3, 4 and 5 of the Yield Map unnecessary inasmuch as the most recent proposed Sketch Plan does not propose to locate lots in that area. 3. A five-foot walkway to allow access to the proposed park as shown on the Yield Map has Southold Town Planning Board Page 2 July 27, 1987 been added. Please note that it is not the applicant's intention to provide for a park in the subdivision. 4. Building envelopes were recommended. It is suggested that the set back requirements in the Zoning Code are adequate regarding the placement of buildings on particular lots. In addition, it is suggested that any recommended building envelopes be discussed after Sketch Plan approval as the actual position of the lots will more firmly set. 5. The Yield Map shows one driveway per two lots as suggested. 6. The drainage map shows drainage for the lots. After Sketch Plan approval when the positions of the lots are more firmly set, discussion of drainage with respect to a particular lot can be discussed. We request to be put on the Planning Board's calendar for the August l0, 1987 hearing. Vey r y ou anie C. Ross DCR:emu encls. cc: Mr. Walter Diakow Mr. Steven J. Hyman ~~~x` I~~~ k 7 ~l~~r ~ ~ ~a~r P+u+Sil B~I+~W c~ +ae.+'.w6_ v~Z~ D~~=.N of ~LSCFIAeG.E iras+N ?-LU~%~P~p ~c~+n~- Tu+~ if P-ECrs,ao-v / Sr~~ ceo~ G~~\\ _ o~ Ho~~ vo~s,vi AGe~ w/Toro A S or IUD i~S~~l.1T CWdLL'WnYJ "Tc> rNr3 ~L°J+C- Up G.vTS 3-~y S++cx~+-aa~ t~zcs Ata» -~j b...~-GV./ 1.r~.sc c -ya F'~t'p3-nay 4eE11 ~~y~-~. ~n1U~Lo+1PC=S peL.~f~lt~i~~~ C.~coWN~a.:p 1 ~{J~tJUa pee.- Lc7TS - ~>e+J~wAV CAN coo n~c,:~c~ "(U LIM1~7 TF(LS ~ OE' G7Z11/L~'S C- ~r/.t,/G cal Td ~C ~[~"C 7 wi~~-- ~cr+ iN~~~~~p~~ r~i s'~G=aU iNrv ~c~CaAr~L-~ S~siN , I %~,~1~, ~~i~)ik ut£~-~'., r~~_~ tc~~kc_ r"~ f:.c4 , c<I-j~ ,Q.i' y- r~'~) . ~~+rQ h C~./~ % ~ , _ ,cam ,w LAW OFFICES WICKHAM, WICKHAM & BRESSLER, a.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 MORTGAGE OFFICE WILLIAM WICKHAM ERIC J. 6RESSLER 516-298-6353 516.298-5300 AHIGAII A. WICKHAM FRAN KLYN A. FARRIS GANIEL C. RO55 July. 6, 1987 Southold Town Planning Board Town Hall -Main Road Southold, NY 11971 Re: M. Paul Friedberg -Major Subdivision Gentlemen: In accordance with your request, we enclose six prints of .the revised Yield Plan with drainage calculations prepared by Steven J. Hyman, P.E. dated June, 1987. Very truly yours, Ellen M. Urbanski Legal Assistant Jemu ends. RECEIVED BY soo~H,UL N 1987au - DATE i ~ tqW OFFICES WICKHAM, WICKHAM &BRESSLER, a. c. MAIN ROAD, R. O~ BOX 1424 MATTITUCK LONG IS LA NO NEW YORK 11952 WILLIAM WIC HHAM ERIC J. BRESSLER 518-298-8353 ABIGAIL A. WICKHAM FFANN LYN q. FA RR15 April 21, 1987 Southold Town Planning Board Af R ~i 2 1987 Town Hall - Main Road f Southold, NY 11971 Att: Ms. Diane M. Schultze Secretary Re; M. Paul .Friedberg Major Subdivision Dear Diane: Pursuant to your request, we are enclosing two additional .prints of the survey in connection with the above matter. Very truly yours, Ellen M. Urbanski Legal Assistant /emu ends . LAW OFFICES WICKHAM, WICKHAM &BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 ERIC J. BRESSLER ABIGAIL A. WIC KHAM 516-298-8353 FRAN KLYN A. FARRIS DANIEL C. RO55 April 8, 1987 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: M: Paul Friedberg Subdivision Dear Mr. Orlowski: Enclosed herewith please find four prints of the Subdivision Map for M. Paul Friedberg, last revised April 2, 1987. The changes were made after meeting with Jim Byers, one of .the Town's Planners. We are therefore amending the subdivision application accordingly. We would appreciate it if this matter could be placed on the agenda for the next meeting. ry truly y u s F Daniel C. Ross DCR:emu encls. 9 ' / v ~ ~ ~ ~ I LAW OFFICES RECEIVFl~ [`Y WICKHAM, WICKHAM &BRESSLER, P.C. SCUiI7LiL` i, , r MAIN ROAD, P.O. BOX 1424 I. ill J MATTITUCK LONG ISLAND ` r~-,~ NEW YORK 11952 WILLIAM WICKHAM • `V C[fiF,+7E ERIC J. BRESSLER 516-296-8353 ABIGAIL A. WICKHAM FRAN KLYN A. FAR RIS DANIEL C RO55 February 2, 1987 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Town Hall-Main Road Southold, NY 11971 Re: M. PaulM. Paul Friedber~Subdivision Dear Mr. Orlowski: Enclosed herewith please find twelve prints of the Subdivision Map for M. Paul Friedberg, last revised January 29, 1987. Pursuant to your request by letter dated January 14, 1987, we are amending the subdivision application accord- ingly. If this matter can be put on for the February 9, 1987 meeting, it would be appreciated. V trul yours, a 1 C. Ross DCR:emu ends . cc: Mr. Walter M. Diakow V ~~i~~>f3C~L za ~o hazed l~i.nY~r~aac~ st~~i~ No ~~Na~t s~~a~nsa vt-DG. ~~1 ~~I..oFES iZ2~::::f 1. ~ t,3~ s~towrl _ _ _ _ _ _ 2t~.22(i u L(~3~(00 x .n ~ ?,t7000,,..= i0.~ JIj LO r-' 1 or'-. 5#~,uJ Y(~'Z.D Ma- ~T-' ~.+-tow C?v- "~uO~Cct> ~ wrS ZO OGr. E~iC,~___ 3AMtt as &~o'~tcr ~ MUsr Mme" '<tGw._ _ Z-O 'VS SuO,.>er~ p~J~a ~-W ec~oss t~a?ks~~`S -7n con:a~za' -cam W ~ fl~s ~ ~ I w NrRsr,7~p _v~r--~~C++ sHOU~~ Uqr r~i..=C~IJ~unr ru l5 rir-fie. _ ~xre~~ ~l`i~ Ha~~ ~s i~lvT' cc~ert~i~~ y e'er' ~P - - _ _ I ~--IAN . _ p•~. _ _ _ _ - P ~FFQ(k~& n 9 T ~ , ~ ~ LD S ~ Y Southold, N.Y. 11971 (516) 765-1938 January 14, 1987 Mr. Daniel C. Ross Wickham, Wickham, and Bressler P.O. Box 1424 Mattituck, NY 11952 Re: M. Paul Friedberg Major subdivision Dear Mr. Ross: Please let this confirm the discussion of the Planning Board at the Monday, January 12, 1987 meeting with regard to the above mentioned proposal. It was the consensus of the Board to request that the proposal be revised with Lots 5,6,7,12, and 13 relocated to the Northerly end of the property. In this way, the lots will be in the high area of the land and the open space will be in the low part. Upon receipt of amended surveys, the Board will again review this proposal. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary LAW OFFICES ~~Y,~~J/ ~ WICKHAM, WICKHAM & BRESSLER, a. c. 1~ MAIN ROAD, P.O. BOX 1424 MATTIT LICK LONG ISLAND NEW YORK 11952 ~~C 1 ~ 1956 WILLIAM WIC KMAM ERIC J. BRESBLEF 516 -29B-B ABIGAIL A. WIC KHAM ~GCember 19, 1986 FRAN KLYN A. FA RRIS DANIEL C. ROBS Mr. Bennett Orlowski, Chairman Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: M. Paul Friedberg Subdivision Dear Mr. Orlowski: Pursuant to your request at the December 8, 1986 meeting, please find enclosed yield map stamped by a licensed surveyor. We also enclose a map revised as of 12/16/86 showing what was previously lot 6, as open space. The area is incorrectly labeled PARK. The housing on lots 6 and 7, as shown on the 12/16/86 revised map, can be situated so drainage is directed to the open space. We have requested that the area of open space which has incorrectly been labeled PARK be staked for your inspection. Ve truly yours, _G~ aniel C. Ross cc: Mr. Walter M. Diakow V- U/~ ! ~ g~FFO(kC p , . D T LD ~ ~ S ~r s Y Southold, N.Y. 11971 (516) 765-1938 December 9, 1986 Mr. Dan Ross P.O. Box 1424 Mattituck, NY 11952 RE: M. Paul Friedberg Dear Mr. Ross: Please let this confirm the discussion of the Board at the Monday, December 8, 1986 meeting. The Planning Board will conduct a field inspection of the premises. The Planning Board also requested that a yield map be submitted stamped by a licensed surveyor or engineer. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~n.rt~t~. ~cLn~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary I . ~ ~ l ~ LAwUoFFv~cVe~S-~- U WICKHAM, WICKHAM & BRESSLER, v. c. MAIN ROAD, P.O. BOX 1424 MATTIT UCK LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 AAA yy ERIC J, BFESSLER I ~ u ~t I~` A6IGML A. WICKHAM 516-29B-B 353 v J U FRAN KLYN A. FARRIS DANIEL C. RO55 November 24, 1986 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Town Hall - Main Road Southold, NY 11971 Re: M. Paul Friedberg Subdivision Dear Mr. Orlowski: This will acknowledge receipt of your October 22, 1986 correspondence. Enclosed is a yield plan map showing a conventional subdivision indicating a potential yield of 13 lots. We have also attached our cluster computation showing 10.5 lots. However, we understand that our client met with your planner who suggested the cluster subdivision to preserve open space. Our client is willing to comply but does not want to yield fewer lots than would be obtained on a conventional subdivision. We have considered the Board's recommendation to relocate lots 5, 6, 7, 12 and 13. We understand that the recommendation was based out of concern that the lower area might be subject to flooding. A test hole was taken at the approximate low point of this area. Enclosed is a copy of the test hole results, together with a copy of the proposed sketch plan with an "X" in lot 6 showing where the test hole bore was taken and showing sand and gravel underlying the low area. In addition, there are plans to continue the use of the open space as a nursery. This would not be possible if the southern lots (5, 6, 7, 12 and 13) were located on the higher ground. Regarding your inquiry with respect to the building in the northeast corner of the property, there are plans being discussed to use the building for nursery office purposes. We would appreciate it if you would place this matter on the calendar for the next Planning Board hearing. If the ~a' Mr. Bennett Orlowski, Chairman Page 2 November 24, 1986 Southold Town Planning Board Board has further questions, we would welcome an opportunity to discuss this matter on December 8, 1986. V truly you~rsA, 1 aniel C. Ross DCR:emu encls. CLUSTER CALCULATION Total Acreage = 24.226 acres Total Square Feet = 1,055,284.56 1,055,284.56 x .20 _ 211.056.91 1,055,284.56 ~ 211,056.91 = 844,227.65 844,227.65 80,000 = 10.5528 1 I 1 f `j ~ ~ McDONAI.D GEQSC~V!.E aoa rood • sa,maa. Nsw vat river • ts~s> rus~n TEST HOLE DATA SHEET Marne; ~lickham. nickham, and Bressler r'rie•~berg Surveyor: Van Tuyl Location: N.attituck Tax Map Number: 1000-10E,-9-4 Project Description: S Lrainage Date: 11 /4/RE Strono brown loam 3.2' Brown silt (slight loam 3.2' to 3.5') 5.5' Brown coarse sand with 20~ gravel and light fines F.5' Fale ktownk coarse sand with 10;b oravel 17' Comments; This is a copy of your test hole data and a bill. Test hole boring and data preparation .............ggyyy100.00 't'~'Ghf~~(~3 LS I i P 5~FF0~~~~ D T ~ LD ~ ~ ~ S Y s Southold, N.Y. 11971 (516) 765-1938 October 22, 1986 Abigail A. Wickham Wickham, Wickham, and Bressler P.O. Box 1424 Mattituck, NY 11952 Re: M. Paul Friedberg Subdivision Dear Ms. Wickham: Please let this confirm the recommendation of the Planning Board at the Monday, October 20, 1986 meeting with regard to the above mentioned application. It was the consensus of the Board, following a field inspection, to request that consideration be given to re-locating lots 5,6,7,12, and 13 to the north where there is higher ground and leaving the area where these lots are proposed _ for open space since it is the lower area. Enclosed is a copy of the survey marked with this recommendation for your review. It was also noted that according to the cluster computation, only 10 lots would be permitted. Therefore, would you please submit the surveyors cluster computation along with a yield map showing a conventional subdivision to prove the yield. Upon review in the field the Board noted that there appears to be an abandoned house on the northeast corner of the property which should be removed. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD R~.r Diana M Crhnlfoc CArro~~rv c,~FFOG~~, P D ~ T LD S , ~ Y Southold, N.Y. 11971 (516) 765-1938 October 9, 1986 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision ofM. Paul Friedberg located at Mill Road, Mattituck, tax map no. 1000-106-9-4.' This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until October , 1986. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Department of Health Services 0 CT 6 1986 WICRBAM WICRHAM ~ BRESSLER, F.C. P.O. Box 1424 Main Road Mattituck, NY 11952 (516) 298-8353 Planning Board, Town of Southold TO: Main Road Southold, NY 11971 Attn: Ms. Diane M. Schultze, Secretary FROM: Abigail A. Wickham, Esq. DATE: 10/2/86 SUBJECT: M. Paul Friedberg - Major Subdivision Enclosed please find Short Environmental Assessment Form as you requested. Thank you. igail A. Wickham AAW:ab Enc. _ `A1 IB4) 1Y~~ '~OIECT LD. NUMBER ' ~ v ~ NEW YORK 5T~ DEPARTMENT OF ENVIRONMENTAL CONSERVATION .DIVISION OF REGULATORY AFFAIRS ~ State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) 1. ApplicanVsPOnsor 2. Protect Name _ - M. PAUL FRIEDBERG Ma~or subdivision for M. PaulFriedbt 3. Project location: attltllC Municipality County of Suffolk Is proposed action: - ® New ? Expansion ? Modification/alteration ' . - 5. Describe project briefly: Thirteen (13) lot cluster major subdivision ' 6. Precise location (road intersections, prominent landmarks, etc. or Drovide map) West side of Cox Neck Road (Mill Road) Mattituck, New York (see map) 7. Amount of land affected: Initially 24 • 226 ~ acres Ultimately 24 • 226 acres g. Will proposed action comply with existing zoning or other existing land use restrictionsi ® Yes ? No If No, describe briefly 9. What is present land use in vicinity of projectt ® Residential ? Industrial ? Commercial ® Agriculture ? Parkland/open space ? Other Describe: t0. Does action involve apermit/approval, or fundin& ^ow or ultimately, from any other governmental agency (Federal, state or local)? , ® Yes ? No If yes, listagen<y(s)andpermigapprovals Suffolk County Health Dept Subdivision Approval, SEQRA, Southold Town Planning Board Subdivision Approval 11 . Does any aspectto~fF the action have a currently valid permit or apprpvali ? Yes LI No If yes, list agency name and permit/approval type 13. As result of proposed action will existing permit/approval repuire modificationt ? Yes No 1CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWIE DGE ApplkanUsponsor n me: ABIGA L A ICKHAM ~ Date: 111~2~86 _ - / ( Signature" ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (To be completed by Agency) A. Does action exceed any Type I threshold in 6 NVCRR, Part 6t 7.137 If yes, coordinate the review process and use the FULULONG FORM EAF. ? Yes ? No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.77 If No, a negative declaration may be superceded by another involved action. ? Yes ? No C. Could action result in ANY adverse effects on, ta, or arising from the following: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion. drainage or flooding problemst Explain briefly: Q. Hiztorit arcfieological, visual or aesthetic, or other natural or cultural resources; agricultural districts; or community or neighborhood character? Explain briefly C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species? Explain b:ief!Y C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. Cs. Growth, subsequent development, or related activities likely to be induced by the proposed actiont Explain briefly. C6. Secondary, cumulative, or other effects no[ identified in C7{6? Explain briefly. C7. A change in use of either quantity or type of energy? Explain briefly. PART III Determinatlon of Significance (To be completed by Agency) --1NS7RUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Fach effect should be assessed in connection with its (a) setting (i.e. urban or ruraq; (b) probability of occurring; . - _ (c) duration, (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to shoal thai all relevant adverse impacts have been identified and adequately addressed. ? Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. ? Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and nn attachments as necessary, the reasons supportng this determination: Agency Name Agency PrepareYs Name Preparer's Signa[ureRide Date S~FFDU~c P D k"" T LD ~ ~ 8 ~ Y Southold, N.Y. 11971 (516) 765-1938 September 17, 1986 Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck, NY 11952 Re: M. Paul Friedberg Dear Mrs. SVickham: The following action was taken by the Southold Town Planning Board, Monday, September 15, 1986. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the major subdivision of M. Paul Friedberg located at Mattituck. An initial determination of non-significance has been made. Prior to any further action, the Board will make a field inspection of the premises. Would you please fill out the enclosed Environmental Assessment form and forward it to our office so we may make the necessary referrals. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~CU~~~E ~1.~~5 ~,t,~~vcf h?~-- BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. ~~E~ 3 1986 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, v.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK LONG ISLAND NEW YORK 11952 WILLIAM WICKHAM ERIC J. BRESSLER ABIGAIL A. WICKHAM 516-290-0353 FRANKLYN A. FAR RIS DANIEL C. RO55 September 2, 1986 Town of Southold Planning Board Main Road Southold, N. Y. 11971 RE: FRTEDBERG Gentlemen: Enclosed is an application for approval of plat, a copy of the deed showing title in Mr. Friedbera's name, and twelve (12) prints of the proposed plan. I would appreciate your placing this matter on your agenda for review and advising me of the date of the meeting. Very ru y yours, i. Abigai Wickham AW/d Encl. _ _ _ - N ` ~ ~ ~ SEP 3 1986 i APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies 4or (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold To~vr~ Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ...r;djAl'..SL1bCLiV.LS1.an..fRr ........'L... P.atzJ.. F.ri.edhe~a 3. 1'he entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's off'vice as follows: On 2 16/!32 Liber Q1.42 Page ....37.9.......... ~ Liber Page On Liber Page On Liber Page On Liber Page On as devised under the Last Will and Testament of or as distributee 5. The area of the land is .24..22.6...... acres. 6. Al] taxes which are liens on the land at the date hereof have been paid 92S4~gt 7. The land is encumbered by .Qll@ mortgage (x~xs:ft~n¢x: (a) Mortgage recorded in Liber Page in original amount of $ unpaid amount held by address (b) Mortgage recorded in Liber Page in original amount of $ unpaid amount held by address (c) Mortgage recorded in Liber Page in original amount of $ unpaid amount held b y address 8. There are no other encumbrances or liens against the land except 9. The land lies in the following zoning use districts ..A, ,Res identl,al, ,and, , , , . , , , , , , . .AgriculY.ural..Zone . 10. Aro part of the land lies under water whether tide water, stream, pond water or otherwise,Xx- cegix 11. The applicant shall at his expense install all required public improvements. ]2. The land ftc~yg~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict,if within a District,is 13. Water mains will be laid by .N/.F. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . r~nnlieant: and (a) charge will be made for installing said lines. 15. Gas mains~vill be installed by ..N/~1 and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed b}- the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. Schedule C: Cox Neck Road is maintained by Southold Town. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are vo reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". To Follow after receipt of covenants required by Planning Board. + _ 22. The applicant estimates that the cost of grading and required public improvements will he o Be Deter ineaa. as t~emtzed ~n Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at years. The P rmance Bond will be written by a licensed Buret company unless otherwi n o chedule "F". c _ -:ri,~. DATE ~ 19. 'ame of cant paul Friedberg By (Signature and Title) A~..E...11th. S.t..,.l4eoz.yprk,..N...Y....10003 (Address) STATE OF NgEW YORK, COUNTY OF ..Nay'..XOxk ss: On the / day of 19. $6.., before me personally came P1...1?au7... Fxladher.4 • • • • • • • • • • • • • • • • • • • to me known to be the individual described in and wh executed the foregoing instrument, and acknowlr.dged that he........... executed the same. ENID F.SILVA -~~~!..jd~T~'!~ Ni;ii:.ZY PUBLIC, Stateof Ne~n York No. 4835356 Notary Public ~~uali!ieA in Suffolk County 9 fommission Expires March 30, ]9.$~I STATE OF NEW YORK, COUNTY OF ss: On the day of ..........,19......,before me personally came ................................................to me known, who being by me duly sworn did de- pose and say that resides at No. ................................................that is the of the corporation described in and which executed the foregoing instrument; that knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that signed ............name thereto by like order. 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