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Home My WebLink About1000-108.-4-7.1 (2)SUFFOLK COUN-FY CLERK'S ~d~ar,! ~, ,qomaih~, COUN't'Y CLI~nI( O~FIC~ Town of Southold'Assessors v/Town of Southold Planning Board Chief Deputy County Treasurer The Set-Off TO WHOM THIS MAY CONCERN Minor Subdivision ~ S~ Map of: %lij~ Lq. fst.- ~ Z~3 Was Filed: SCTM#: 1000- /08- ~- "7. Abstract.: Township: Southold Hamlet: /Uldb-p~ ~ Owner: Mar) Deparlrnerd Very h'uly yours, Cou.ly Clerk tin biO, 4 9 PLANNING BOARD M~EMBE~ ~, RICt-IARD G. WARD Chairman GEORGE RITCHIE LATIiAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 October 1, 1996 PLANNING BOARD OFFICE TOWN OF SOUTHOLD B. Anthony Aliperti Box 149 Shirley, NY 11967 RE: Proposed Subdivision for Etijah's Lane Estates, Sections 2 and 3 SCTM# 1000-108-4-7.1 Dear Mr. Aliperti: The following took place at a meeting of the Southold Town Planing Board on Monday, September 30, 1996: WHEREAS, the Declaration of Covenants and Restrictions which was required by the Planning Board was recorded on July 10, 1996 in the County Clerk's Office (liber 11781, page 972); and WHEREAS, a subdivision bond in the amount of $248,675.00 for subdivision improvements was accepted by the Town Board on September 17, 1996; and WHEREAS, a Homeowners Association was incorporated on July 19, 1996, to own and maintain the roadway within the subdivision; and WHEREAS, the deed from Buovodantona Aliperti to the Elijah's Lane Estates Home Owners Association, inc. for the roadway areas will be recorded by the applicant simultaneously with the filing of the final subdivision plat in the County Clerk's Office; and WHEREAS, the deed describing the open space conservation easement located on Lot 4 of Section 3 will be recorded by the applicant simultaneously with the filing of the final subdivision plat in the County Clerk's Office; and 1                                                                                 1                       Page 2 Proposed subdivision for Elijah's Lane Estates, Sections 2 & 3 October 1, 1996 WHEREAS, the deeds describing the drainage easement located on Lots 21 and 22 of Section 2 will be recorded by the applicant simultaneously with the filing of the final subdivision plat in the County Clerk's Office; and WHEREAS, the drainage easement to the Town for the easement located on Lots 21 and 22 of Section 2 will be recorded by the applicant simultaneously with the filing of the final subdivision plat in the County Clerk's Office; and WHEREAS, as described in the 'Terms for Offer of Dedication of Portion of Rachel's Road" dated March 3, 1994, final improvements within the portion of Rachel's Road which was dedicated to'the Town of Southold, must be made by Buovodantona Aliperti, or his successor in interest, at such Ume as the road improvements for the subdivision are installed; and WHEREAS, an Offer of Dedication for the 50' wide right-of-way located adjacent to the Long Island Railroad was recorded on July 10, 1996 in the County Clerk's Office (liber 11781, page 973) and such offer has been filed with the Southold Town Clerk; be it therefore RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated March 1996 (Submission date August 7, 1996) for Sections 2 and 3. Conditional final approval was granted on July 8, 1996. All conditions have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Failure to file the final plat and the documents listed above within sixty (60) days of the date of this resolution shall cause the Planning Board's final approval to become null and void. Copies of all · recorded documents must be submitted to this office. Please contact this office if you have any questions regarding the above. Since_rely, / Richard G. Ward Chairman enc. cc: Board of Assessors Building Department DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made and dated the 9th of July 1996 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York hereinafter referred to as the 'declarant'. WITNESSETH: WHEREAS, declarant is the owners in fee simple of the real property described in Schedule A annexed hereto and made a part hereof; and WHEREAS, an application for approval of the subdivision known as 'ELIJAH'S LANE ESTATES, Sections 2 and 3" described in Schedule A has been filed with the Planning Board of the Town of Southold; and WHEREAS, the Planning Board has determined that such subdivision would be granted, provided the applicant covenants to use his property in conformance with the zoning ordinances of the Town of Southold and further convents as hereinafter provided. WHEREAS, the declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants upon said real property and create an Open Space Easement with respect to a portion of said real property, NOW, THEREFORE, in consideration of the premises, the declarant declares that the above described real property is held subject to the following covenants: 1. That the subject premises shall be used in conformity with the zoning ordinance of the Town of Southold. 2. There shall be no further subdivision of any lot within the subdivision, in -1- Perpetuity. This restriction includes Lot Number 4 which contains an Open Space Conservation Easement. This subdividion has been designated as a clustered subdivision and it has been designed at its full development capacity. 3. If the streets within the subdivision are designed with a width of twenty- four (24) feet, there shall be a condition included in the Declaration of Covenants and Restrictions that there shall be no on street parking in the subdivision. If the streets are designed as originally proposed, in accordance with the twenty-eight (28) foot specification, this condition will not be required. 4. There shall be no construction on Lots 13, 14, 24 and 27 in "ELIJAH'S LANE ESTATES, Sections 2 "and Lots 5 and 6 in "ELIJAH'S LANE ESTATES, Sections 3". These lots shall remain as open space until such time as individual on site wells comply with the "Private Water System Standards" of the Suffolk County Department of Health or the subject lot is connected to an approved public water supply. 5. The use and development of the portion designated as Open Space Easement on Lot Number 4 of the Elijah's Lane Estates Section Three subdivision, will 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 -2- ~f field crop (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 ail other farm products; b. Open fallow; c. Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonable necessary 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. Said covenants shall run with the land and shall be binding on the heirs, successors and assigns of the declarant, subject to the right of the Town of Southold to amend, modify or repeal said covenants at any time with the permission of the owner of said property.' 6. That the following shall be adhered to on that portion of Lot, Number 4 outside the Building Envelope which is designated the Open Space Easement 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 -3- elgricultural 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, (fallow farmland) 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 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 right of ways for non-farming vehicular use shall be constructed or 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. -4- 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 for Lot Number 4 as designated on the final subdivision plat for Elijah's Lane Estates Section Three. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Open Space 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. 7. The Open Space Easement area is located within the Special Groundwater Protection Area (SGPA), and therefore, any future use of this area shall be subject to any restrictions required for property within a SGPA. 8. That the owner of said Lot Number 4 reserves the right to the exclusive use and possession of the area known as the Open Space Easement, 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 Open Space Easement, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to -5- rhonitor compliance with the covenants, terms and provisions have not Peen violated, such inspection to be at reasonable times. 9. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, open space easements, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 10. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall pe binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 11. 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 pe entitled to notice of such public hearing, but their consent to such modification shall not Pe required. IN WITNESS WHEREOF, the declarant has executed this Declaration of -6- SCHEDULE A OVER ALL DESCRIPTION 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, bounded and described as follows: BEGINNING at a point on the southerly side of land of the Long Island Railroad, distant 250 feet southwesterly as measured along said land from its intersection with the southwesterly side of Elijah's Lane; RUNNING THENCE South 38 degrees 14 minutes 50 seconds East along the westerly line of Map of Elijah's Lane Estates, Map No. 6065, 2955.22 feet to a point; THENCE South 51 degrees 21 minutes 10 seconds West, 75.38 feet to a point; THENCE South 38 degrees 38 minutes 50 seconds East, 50.00 feet to a point; THENCE South 51 degrees 21 minutes 10 seconds West, 169.19 feet to a point; THENCE on a curve to the right with a radius of 75.00 feet, an arc distance of 92.32 feet to a point; THENCE South 51 degrees 21 minutes 10 seconds West, 276.57 feet to a point on the easterly side of land of Agnes Grabowski; THENCE along said land, the following 8 courses and distances: 1. North 38 degrees 30 minutes 50 seconds West, 197.78 feet to a 2. North 36 degrees 32 minutes 50 seconds West, 162.95 feet to a 3. North 37 degrees 36 minutes 50 seconds West, 297.63 feet to a 4. North 37 degrees 92 minutes 50 seconds West, 566.37 feet to a 5. North 38 degrees 31 minutes 50 seconds West, 643.60 feet to a 6. North 34 degrees 42 minutes 50 seconds West, 494.40 feet to a 7. North 36 degrees 31 minutes 50 seconds West, 423.50 feet to a 8. North 40 degrees 09 minutes 50 seconds West, 124.25 feet to a side of the Long Island Railroad; THENCE along said land North 46 degrees 11 minutes 40 seconds East, 539.62 feet to the point or place of BEGINNING. ~oint; )oint; )oint; x)int; x)int; )oint; )oint; and )oint on the southerly [175 [ Covenants and Restrictions on the date as above written. E~vodantona Aliperti State of New York ) · ' SS.: County of Suffolk ) On the 9th day of July ,1996, before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Nota~ PEGGY ~, 01J~,~3 Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, New York 11778 -7- TERMS FOR OPEN SPACE EASEMENT e The use and development of the portion designated as Open Space Easement on Lot Number 4 of the Elijah's Lane Estates Section Three subdivision, will 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 productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonable necessary 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. That the following shall be adhered to on that portion of Lot Number 4 outside the Building Envelope which is designated the Open Space Easement 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: TERMS FOR Page 2 a) b) c) d) e) f) g) n) OPEN SPACE EASEMENT 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, (fallow farmland) 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. No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. No top soil, loam, sand, store, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. 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. No streets, roadways or other right of ways for non-farming vehicular use shall be constructed or granted thereon. 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. 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. The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. TERMS FOR OPEN SPACE EASEMENT Page 3 Ail structures, whether temporary or permanent, shall be located within the building envelope for Lot Number 4 as designated on the final subdivision plat for Elijah's Lane Estates Section Three. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Open Space 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 The Open Space Easement area is located within the Special Groundwater Protection Area (SGPA), and therefore, any future use of this area shall be subject to any restrictions required for property within a SGPA. That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement, 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 Open Space Easement, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times. 3/8/94 OFFICE LOCATION: :f MAILING ADDRESS: Town Hall Annexe � m `' P.O. Box 1179 54375 State Route 25 � � Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) �� 'r�^ Telephone: 631 765-1938 Southold, NY t wwwsoutholdtownny.gov rr PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 28, 2021 Ms. Maria Mineo (via regular mail, email to nineo phi & 2465 Gabriella Court fax to Attorney Dan Gobetz at 631-584-4348) Mattittuck 11952 Re: SCTM#1000-108-4-7.50 Dear Ms. Mineo: The Planning Board has reviewed the covenants for the property referenced above and the current status of the property. The covenants call for a soil conservation plan to be submitted when the ownership changes or when the use of the preserved land is changed. The use at the time of the covenants was "fallow field". It is apparent that a small amount of land has been converted to a use other than fallow field since the time the covenants were recorded. There is a portion of a driveway (about 2,200 sq.ft.), a portion of a horse paddock(about 1,100 sq. ft.), and a 150'x 96 (approximate dimensions) outdoor riding ring that are located on the preserved land. The total area that has been converted is approximately 17,700 sq. ft., or 0.4 acres. The entire preserved land area is about 10.4 acres. The total area that has been converted to another use is only about four percent of the entire land area. The remainder of the property remains as fallow farmland with natural growth occurring over time. Because the land area that has been converted is very small compared to the entire parcel, and because it appears that the areas are stable, meaning no apparent soil erosion is occurring, the Planning Board is not requiring a soil conservation plan at this time. A soil conservation plan is Page 2. Mineo Covenants required to be submitted, reviewed and approved by the Planning Board prior to any expansion of uses beyond those described in this letter. A soil conservation plan is not required to be provided before selling the property, however new owners must be placed on notice about the requirement for same should they wish to use the land differently than described in this letter. Please contact the Planning Department with any questions. Thank you for your cooperation in this matter. Sincerely, Donald J. Wilcenski, Chairman cc: Dan Gobetz PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southald, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southald, NY Telephone: 631 765-1938 Fax: 631 765-3136 August 10, 2009 Mafia Mineo 2465 Gabriella Court Mattituck, New York 11952. Elijah's Lane Estates Section Three: Lot 4 SCTM# 1000-108-4-7.5 Dear Ms. Mineo: On July 13, 2009 the Southold Town Planning Board reviewed your petition letter dated June 1, 2009, to locate a Run-in-Shed and Fenced Paddock outside of the building envelope on Lot 4 and within the Open Space Area. After deliberation, the Southold Town Planning Board denied the request pursuant to paragraph 6.i. of the Declarations of Covenant and Restrictions filed in Liber 1178 Page 972 with the Office of the Suffolk County Clerk which prohibits the placement or erection of "structures" within the Open Space Area. Please call my office at the above number with any questions. Sincerely, Martin Sidor Chair RAYMOND L. JACOBS Superintendent Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 Tel. 765-3140 734~5211 July 10, 2001 Ns, Elizabeth A. Neville Town Clerk Town Hall, 53095 Nain Road Southold, New York 11971 Re: Elijahs Lane Estates Sect. 2 & 3 Sctm #1000-108-04-7,42 & 7.55 Dear Ms. Neville: As per James Richter's letter dated July 6, 2001 stating that all road and drainage systems are complete, I concur and recommend Sections 2 & 3 be accepted for dedication. cc: Planning Board Town Attorney i~t fully, Superintendent of Highways WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, November 16, 2009 4:00 p.m. 4:00 p.m. Site Plans and Subdivisions Project name: Southview Preserve SCTM#: 1000- 87-5-21.4, 87-5-21.7, 87-5-21.8, 87-5-21.9, 87-5-21.10 Location: on the south side of Main Bayview Road, approximately 900' east of Cedar Drive, in Southold Description: Standard subdivision of a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space. Status: Conditional Preliminary Approval Action: Review Principal Planner Mark Terry's Recommendations/Comments re applicant's clearing requests. Attachments: Recommendations Project name: Aries Estates/Tully I SCTM#: I 1000-22-3-2 Location: at the.westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion Description: Standard subdivision of an 11.44-acre parcel into two lots where Lot 1 equals 3.73 acres including 1.43 acres of open space, and Lot 2 equals 7.67 acres including 5.08 acres of open space, in the R-80 Zoning District. Status: Sketch Approval Action: Review Trustee/Planning Board site v~sit re top of bluff, consider recommendation re setback from top of bluff Attachments: Staff Report ...... Project name: James Neumann I SCTM#: t 1000-107-1-1.1 & 1.2 Location: Mattituck Creek and Mill Road, Mattituck Description: 5 lot standard subdivision Status: Open Action: Review alternative lay-outs for pro_posed subdivision. Attachments: Letter from Applicant ......... Discussion: Maria Mineo: SCTM#1000-108-4-7.5 - Discuss possible location of paddock and run-in shed for homes on Conservation Easement Area. Lanza, Heather From: Sent: To: Cc: Subject: Attachments: Lanza, Heather Monday, November 09, 2009 9:27 AM Terry, Mark; 'Tamara' Bill Cremers (billcre@optonline.net); George Solomon (E-mail); Joseph Townsend (E-mail); Kenneth Edwards (E-mail); Martin Sidor (E-mail) Mineo maps & proposed home shelter m mineo filed map_20091106130245.pdf If the Planning Board is inclined to look into this further, the survey of the close-up showing the location of the house and driveway should also accurately reflect the building envelope as shown on the filed map (it should be put on there by the surveyor as close as they can get since it doesn't seem the "building envelope" was described in metes and bounds). From reviewing the attached maps, it looks like part of the driveway and maybe part of the house are outside the building envelope already, in which case they have already violated the C & R's. The hedge certainly is outside the building envelope. Is there anything else between the house and hedge like a pool or shed that is outside the building envelope? It would be good to know that now. Google earth shows what looks a shed and some boats well into the open space area. From looking at their proposed location of the shelter on the attached plans, it seems they can probably keep it inside their building envelope by facing it southwest (probably a better direction than the NW they are proposing) and tucking it into the building envelope - it will be no closer to neighbors and only several feet closer to their house. Heather ..... Original Message ..... From: Randolph, Linda Sent: Friday, November 06, 2009 1:04 PM To: Bill Cremers; George Solomon; Joe Townsend; Ken Edwards; Martin Sidor Cc: Lanza, Heather Subject: Emalling: m mineo filed map_20091106130245.pdf The message is ready to be sent with the following file or link attachments: m mineo filed map_20091106130245.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Lanza, Heather From: Sent: To: Cc: Subject: Lanza, Heather Thursday, November 05, 2009 1:36 PM Terry, Mark; Marry Sidor (sidor@optonline.net); Ken Edwards (pappy@fishersisland.net); jtownsend2@aol.com; Goerge Solomon (wallst71@optonline.net); William Cremers (billcre@optonline. net) Sadoo, Tamara RE: Run-in-Shelter and Paddock request on Elijah's Lane Estates Sect 3 Parcel 4. Mark, Because Tamara is out sick today, and we all already have full plates the rest of this week, I propose we do not put this on the agenda for November 9, except maybe as a brief add-on to determine if the board is willing to consider changing their denial. If not, then we can write them another letter repeating the denial. If the board is interested in taking another look at it, we can finish the research, provide the board with the relevant documents, and put this on the Nov. 16 agenda. Here are a few more questions that should be answered for the board. .~ large building envelope? How is the · How large is the house (footprint in square feet estimate). ,~. Does the proposed shed have three walls or four? Is it enclosed? Heather From: Terry, Hark Sent: Thursday, November 05, 2009 1:17 PM To: MarW Sidor (sidor@optonline.net); Ken Edwards (pappy@fisbersisland.net); jtownsend2@aol.com; Goerge Solomon (wallst71@optonline.net); William Cremers (billcre@optonline.net) Cc: Lanza, Heather; Sadoo, Tamara Subject: Run-in-Shelter and Paddock request on Elijah's Lane Estates Sect 3 Parcel 4. Good Afternoon, With Martins concurrence, I met with Maria Mineo this morning to discuss her proposal to locate a horse run-in- shelter and paddock on the portion of her lot which has a open space conservation easement restriction. As you may recall the Planning Board denied her request in August to locate the structures on the conservation easement area. She requested the meeting to deliver more information to add clarity to her proposal. During the meeting, her points were! 1. The 12' x 36' run in shed is a kit that she indicated is "movable". The kit is intended to be placed on level ground with no footings. She drew a general location of the shed and paddock on the map adjacent to the existing building envelope. I scaled the dimensions and will send you a plan once scanned. 2. The fenced paddock will be roughly 100 x 100 in size (depending on the location of the Run-in Shed) 3. She plans to have three horses... She states she can have eleven. 4. Ms. Mineo also submitted two letters of support and a signed petition from her development. If you recall when Ms. Mineo came in originally she did not provide much detail. The terms of the C&R and a document titled "TERMS FOR OPEN SPACE EASMENT" restricts all structures (temporary or permanent) on lot 4 to the building envelope. Fences are permitted outside of the building envelope with Planning Board approval. She proposes to locate both the run-in shelter and paddock outside of the building envelope. If an agreement to locate the run-in shelter in the building envelope is reached, the Planning Board would only need to pass an resolution granted permission for the fenced paddock. If an agreement is reached to locate the run-in shelter outside of the building envelope, then an amendment to the C&R is required. I am checking to see if there is a separate Open ~l~ce Easement (We have a set of papers r~l~l~ed to as an Open Space Easement but no record of execution or recording) in addition to the C&R. If an easement exists in addition to the C&R, that would complicate things. She is requesting a work session appointment on November 9th. Please advise. Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 (631 ) 765-1938 Mark.Terry(~,town southold, ny. us Fred Peroni Kathy Peroni 2370 Gabriella Court Mattituck, NY 11952 631-298-4~11~ i ~ ~5~ Town of Southold Planning Board 54375 State Route 25 Southold, NY 11971 RE: Elijah's Lane Estates Section Three: Lot 4 SCTM# 1,000-108-4-7.5 Mafia Mineo: 631-298-8485 Dear Board Members: Please be advised that as neighbors adjacent to the above lot, we would appreciate that the board approve the Mineo's request to amend the covenant and restrictions. It is felt that it would be in the best interest of the neighborhood and our family if the horse paddock were located on the open space area, adjacent to farmland. Thank you for your time and assistance. Sincerely, Fred Peroni Kathy Peroni Paula Stonemetz Dale Stonemetz 2315 Gabriella Court Mattimck, NY 11952 63 t-298-4120 Town of Southold Planning Board 54375 State Route 25 Southold, NY 11971 RE: Elijah's Lane Estates Section Three: Lot 4 SCTM# 1,000-108-4-7.5 Mafia Mineo: 631-298-8485 Dear Board Members: Please be advised that as neighbors adjacent to the above lot, we would appreciate that the board approve the Mineo's request to amend the covenant and restrictions. It is felt that it would be in the best interest of the neighborhood and our family if the horse paddock were located on the open space area, abutted by farmland, rather than within the building envelope bordering our backyard. Thank you for your time and assistance. Sincerely, Paula Stonemetz Dale Stonemetz e Town of Southold Planning Board 54375 State Route 25 Southold, NY 11971 Residems of Southold Gabriella Court Mattimck, NY 11952 RE: Elijah's Lane Estates Section Three: Lot 4 SCTM# 1,000-108-4-7.5 Dear Board Members: We the undersigned hereby petition the Planning Board of Southold Town to approve the request to amend the covenant and restrictions on the lot above. We request that the horse paddock be placed on the open space area rather than the building envelope. It would be in the best interest of the neighborhood if the horse paddock were located on the open space lot which abuts farmland rather than it bordering backyards and being in view of front yards. We anticipate the board approving our request and amending the covenant and restrictions. Print Name/Signature/2 / Address Phone Number U,3/- 2 qg. /5-¢0 65/*,¢//4, o- , . -- // l Town of Southold Planning Board 54375 State Route 25 Southold, NY 11971 Residents of Southold Gabriella Court Mattimck, NY 11952 RE: Elijah's Lane Estates Section Three: Lot 4 SCTM# 1,000-108-4-7.5 Dear Board Members: We the undersigned hereby petition the Planning Board of Southold Town to approve the request to amend the covenant and restrictions on the lot above. We request that the horse paddock be placed on the open space area rather than the building envelope. It would be in the best interest of the neighborhood if the horse paddock were located on the open space lot which abuts farmland rather than it bordering backyards and being in view of front yards. We anticipate the board approving our request and amending the covenant and restrictions. Print Name/Signature Address Phone Number Maria Mineo 2465 Gabriella Court' Mattituck, NY 11962 631-298-8485 June 1, 2009 Town Of Southold Planning Board 54375 State Route 25 '~ Southold, NY 11971 ~. Dear Members of the Board: ~_- --':- ". :.~..~,~*~'::-~ I am writing to ask for permission to place a R~:k/Shed approximately 12'x 36' and a fenced paddock on my 10 acre side yard. The nm-in shed and fenced paddock would be for the use of our privately owned home(s). An amendment to a Declaration of Covenants and Restrictions on my land located 2465 Gabriella Court Mattituck would be required. A copy of the document and survey are enclosed. Aecurding to number 11 of the covenant, it states that restrictions can be modified at the request of the owner with approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Please note that number 5 a & c state that using the land for livestock would be found acceptable. Unfortunately, number 6 states that structures are not permitted. A Run-In Shed would be necessary for the health and safety of the home(s). There have been residents on the block who owned and sheltered their horses on their property. It is felt that the neighboring residents would appreciate if my home(s) were kept on the 10 acre side yard rather than in the backyard, adjacent to their homes. Thank you for your time and assistance with this matter. working with you in order f'md a solution to this request. Sincerely, I look forward to Terry, Mark From: Andaloro, Jennifer Sent: Friday, July 10, 2009 10:54 AM To: Terry, Mark Subject: RE: mineo arts _20090710075617.pdf With respect to your inquiry, pursuant to paragraph 11 of the Covenants and Restrictions, the Planning Board is not required to entertain the request of the declarant However, should the Planning Board decide to entertain the request, it is required to have a public hearing under this paragraph If you require any further information, please let me know Jennifer Andaloro Assistant Town Attorney Town of Southold 54375 Route 25 (Main Road) P,O. Box 11971-0959 Office: (631) 765-1939 From: Terry, Mark Sent: Friday, 3uly 10, 2009 9:49 AM To: Andaloro, 3ennifer Subject: mineo arts _20090710075617.pdf Jennifer, Please read Clause 11 in the attached C&R's, Is a public hearing to amend the C&R's optional at the PB discretion or is the public hearing required pursuant to the owners request to locate structures on the property? 7/10/2009 Size for a Run-In Shed Page 1 of 2 Recommended Size for a Run-In Shed Many people are unsure about what size run-in shed to buy. VVhile there are some general guidelines regarding the optimal size, much of determining what size shelter is best depends ion your horse(s). Some online sources recommend providing a minimum space of 12'x12' for each horse. Another source recommends 10'x10'. Yet another suggests space should be calculated as 60- 80 square feet per 1000 pounds of horse. At Horizon Structures, we generally tell people that a 12'x18' run-in shed is usually adequate for 3 average sized horses (about 15 hands) that will share their space without fighting. As any horse owner knows, horses - being herd animals - have a definite social "pecking order" with some members of the herd being more dominant then others. It would not be uncommon to see a pasture with one horse comfortably enjoying the shelter of the shed and its herd mates all shivering in the rain outside! A Few Suggestions, 1. Always buy '~vider" as opposed to "deeper." This will make it more difficult for a more dominant horse to block the entrance and easier for the other horses to get inside. 2. It is better to buy several smaller sheds and spread them throughout your pasture then one larger, longer shed. If you do have a dominant horse, this will prevent it from "guarding" the single building and keeping the other horses out. 3. Avoid feeding your horses inside the shed. Some horses can get very territorial when it comes to their food. It is best if your horses do not learn to associate the shed with feeding :ime. --inally, you may find, after going to the trouble and expense of setting up a run-in shed for your homes, that they don't appear to be using it! Horses are generally very well adapted to withstand cold temperatures and don't seem to mind rain or snow. However, it is very important that your horse has shelter from ddving winds and hail as well has a cool, shaded place to go on a hot summer day. The intedor should be at least 10' high and include 4' high kickboard. Customers often ask if they need a taller structure for their taller (17h) horses and are concerned about the clearance on the open side. Rest assured, your horses will lower their heads to enter. The 7'+ is perfectly fine. Also, keep in mind, if you are purchasing a pre-built run-in shed, there are transportation height restrictions. Sheds higher than 10' would have to be built on-site. http://www.horizonstructures.com/run-in info insert.htm 5/30/2009 Recommended Size for a Run-In Shed Page 2 of 2 Finally, when setting up your run-in shed, always face the open side away from prevailing winds and place the structure on a level, slightly elevated spot or try to build up the floor to keep it is dry as possible inside. As always, please feel free to call us at 1-888-447-4337 if you have any questions or would like help choosing the best run-in shed for your unique situation. RUN-IN SHED FRAME KITS I PRE-BUILT RUN-IN SHEDS I HOME I FAQ http://www.horizonstructures.com/run-in info insert.htm 5/30/2009 I~Aii Wood Run-In Shed Kits Page 1 of 3 Our n~w runqn she¢l frame ~ may be just what you've been ~earching for l~ you can answer "YES'" to any of the follow~ng questions; THISISNOTA METAL POLEBARN This kit is ALL WOO0. NO Holes to dig, NO Cement to potlr. All you need is a level piece of ground. We couldn't find anything like it I have already t~Id several fo/ks about your company and how great the kit was, and absolutely ~ilt refer anyone who asks/I am very impressed v~th your company]" Leslie K. Berlin, MA What Size Run-In Shed Do I Need? We Get You Started.. These are NOT just the plans, The kit, including everything li~ted below, is delivered fight to your door by common REMEMBER: ABOUT THE KIT MATERIALS *Online Ordering Coming Soonl To Order Call 1-81t8-447-4337 We're NOT KIDDING when we tell you our kit is EASY TO PUT TOGETHER! CLICK HERE TO CHECK IT OUT]II Search http://www.horizonstmctures.com/kits.asp 5/30/2009 All Wood Run-In Shed Kits Page 2 of 3 Pre-Fab Bldq Clearance Lock In LOW Steel & Freight Prices All Sizes 70% off w/Fall Delivery Prefab Buildinq qp0tes Compare Pdces, Options & Save Find the Best Deal Todayl Claraqe kits Bale Garages, Sheds and Warehouses Call 1-888-888- 7110 for Details. Kentucky All Steel Buildings 50 Year Warranty to fit every need & MO RE 10 x 20 Frame Kit with Sioing, Kick Board and Roofing added, 5 EASY STEPS YOUR KIT ARRIVES...We've ehaedy pm You Add the Finishing Touches.. Can it Really Be That Easy? Ab~olute~y~ CECK HERE or Call Toll-Free Is a Kit the Right Choice for You? CLICK HERE FOR PRICING To Order Call 1-8884474337 Home Horse Bams I Garaqes ~ StoraGe Sheds t Coops I Arenas [ Stock Bu d~nas I Hay Feeders Gazebos I FA~ I Testimonials I Cstendar of Events ~ Orde~nq Info ~ Contact US ~ Link__s Our Buildings Are D~livered Fully Assembled and Ready for Same Day Use http://www.horizonstructure s.com/kit s.asp 5/30/2009 TERMS FOR OPEN SPACE EASEMENT The use and development of the portion designated as Open Space Easement on Lot Number 4 of the Elijah's Lane Estates Section Three subdivision, will 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) c) Open fallow; Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonable necessary 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. That the following shall be adhered to on that portion of Lot Number 4 outside the Building Envelope which is designated the Open Space Easement 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: TERMS FOR Page 2 a) b) c) d) e) f) g) h) OPEN SPACE EASEMENT 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, (fallow farmland) 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. No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. 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. No streets, roadways or other right of ways for non-farming vehicular use shall be constructed or granted thereon. 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. 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. The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. TERMS FOR OPEN SPACE EASEMENT Page 3 i) All structures, whether temporary or permanent, shall be located within the building envelope for Lot Number 4 as designated on the final subdivision plat for Elijah's Lane Estates Section Three. Temporary or permanent structures or buildings shall not be placed or erected, within or upon the area designated as the Open Space Area. Fences are permitted subject to Planning Board approval. Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval The open Space Easement area is located within the Special Groundwater Protection Area (SGPA), and therefore, any future use of this area shall be subject to any restrictions required for property within a SGPA. That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement, 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 Open Space Easement, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times. 3/8/94 OFFER OF DEDICATION This Offer of Dedication dated ~ ll~ , 1994, made by Buovodantona Aliperti, having hi~ principal place of business located at 1138 William Floyd Parkway, Shirley, New York, Owner of the property described in F. xhibit A attached, hereby irrevocably offers to cede title to'the Town of Southold of the land area designated in Exhibit A for street 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 described in Exhibit A. State of New York) )ss.: County of Suffolk) On this ~C~day of~ , 1994 before me personally came Buovodantona Aliperti 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. y Public JOYCE M. WILKINS Notaw Public, State of New Yon~ No. 4952246, Suffolk CounW Tefra Expire~ June 12, 1~ EXHIBIT A fou~hmrly sid~ Of ~oh~o~'o ~oa~and ~ho ~eoter~y side of ~%~Jah'~ Lanm. Thmncm westerly alon~ ~he ~ou~herly side o~ ~chae~'s Road ~u~h havin9 a ~adiu~ of 175.0~ feet and a lon~t~ of 135.~4 Of LSO.O0 f~ and a ~nq~h of 96,89 feet ~d t;o~h 5~ Z-AN~ 161~95' 151.26' 20' DRAINAG£ EA LOT 23 ~024 ~ SF o ' 8UI 151.25' DING 459. 76' LOT 26 _ 120, 186 ~ SF SETBACK JJT. 19' 150. 00' 0 ' BUlL lNG LOT 28 '"". ;0,694 5: SF ~ ~50.00' J7U6~O" ~ 29Z6J' 596 J2 I. 66' SETBACK. LOT 27 125,469 ~ SF 93.57' N 36'32'50" W N J8'30'50" W 162. 95' 197. 78' -- S 38'38'50' E 50. 00' TERMS FOR OFFER OF DEDICATION OF POTION OF RACHEL'S ROAD MARCH 3 ~ 1994 Buovodantona Aliperti, owner of SCTM# 1000-108-4-7.1, will give the Town of Southold an Offer to Dedicate the fee title to that portion of Rachel's Road described in the cross-hatched AA in the attached Exhibit A. Upon the Town's acceptance of the Offer to Dedicate, the Town of Southold, will improve that dedicated portion of Rachel's Road (cross-hatched AA), to a level where it can be plowed clear of snow'and used safely by emergency vehicles, by constructing the road base. Buovodantona Aliperti, or his successor in interest, will make final improvements to the cross-hatched AA road portion in a manner consistent with the roads for the subdivision beyond that point (as shown on Exhibit A as BB), at such time as the road improvements for the Elijah's Lane subdivision are installed. Ail improvements shall meet the minimum requirements established in the Highway Specifications. The cost of completion of this section of the road to the Town's standards will be included in the bond for the subdivision improvements for the initial section developed. 4. The Town of Southold will maintain that portion of Rachel's Road between Elijah's Lane and the cross-hatched AA area (as shown on Exhibit A as CC) at Town expense, leaving Mr. Aliperti with no liability for that ~ortion__ Aliperti B~ov6dantona Supervisor Thomas Wickhem State of New York) )ss.: County of Suffolk) On this ~ay of~ , 1994 before me personally came Buovodantona Aliperti 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. Nota~ Publi~ St~e of New York ~ No. 4952246, SuffdkCoun~ ~rmF-xpir~June1~19_~'~ LAN~ 1615.9j' 151.26' 20' DRAINAG~ LOT 25 ~ ~,024 ~ SF ~ 0 ' BUI 151.25' 459. 76' ~MENT LOT 26 120, 186 ~ SF ~ D I N G SE ~'B ACK 337. 19' c o u ~ "r --12537 -596. 66: LO0' - - 321.66' lNG SE ]'8A CK, ! / LOT 28 3,694 .4: SF 150. O0 · 7'~6'50" W '97. 63' 93.57' LOT 2. N 36'32'50' W I62.95' N 38'30'50" 197.78' 38'38'50" £ 50. O0 ' ......... i"'! At~ ~ .__~2~_¢~ oo~2 /'000 /0~ ............................ (A~UR~S) ............. Suffolk County Recording & Endorsemeni r,,.,,. ,.., ,, ~ ~,,.~ ~ .~ t~ c; z~r ~ x~ ~::~d ~ ~< ~..~ ~j..~ ~,;~,~ ...................... DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made and dated the 9th of July 1996 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York hereinafter referred to as the "declarant". WITNESSETH: WHEREAS, declarant is the owners in fee simple of the real property described in Schedule A annexed hereto and made a part hereof; and WHEREAS, an application for approval of the subdivision known as "ELI3AH'S LANE ESTATES, Sections 2 and 3" described in Schedule A has been filed with the Planning Board of the Town of Southold; and WHEREAS, the Planning Board has determined that such subdivision would be granted, provided the applicant covenants to use his property in conformance with the zoning ordinances of the Town of Southold and further convents as hereinafter provided. WHEREAS, the declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants upon said real property and create an Open Space Easement with respect to a portion of said real property, NOW, THEREFORE, in consideration of the premises, the declarant declares that the above described real property is held subject to the following covenants: 1. That the subject premises shall be used in conformity with the zoning ordinance of the Town of Southold. 2. There shall be no further subdivision of any lot within the subdivision , in perpetuity. This restriction includes Lot Number 4 which contains an Open Space Conservation Easement. This subdividion has been designated as a clustered subdivision and it has been designed at its full development capacity. 3. If the streets within the subdivision are designed with a width of twenty- four (24) feet, there shall be a condition included in the Declaration of Covenants and Restrictions that there shall be no on street parking in the subdivision. If the streets are designed as originally proposed, in accordance with the twenty-eight (28) foot specification, this condition will not be required. 4. There shall be no construction on Lots 13, 14, 24 and 27 in "ELIJAH'S LANE ESTATES, Sections 2" and Lots 5 and 6 in "ELIJAH'S LANE ESTATES, Sections 3". These lots shall remain as open space until such time as individual on site wells comply with the "Private Water System Standards" of the Suffolk County Department of Health or the subject lot is connected to an approved public water supply. (~ The use and development of the portion designated as Open Space Easement on Lot Number 4 of the Elijah's Lane Estates Section Three subdivision, will forever be restricted to some or all of the following: ,.~ 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 produc, tion for commercial purposes -2- Of field crop (including without limitation, corn, wheat, oats, we, 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; .. ~8.~ 'Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonable necessary by !he 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. Said covenants shall run with the land and shall be binding on the heirs, successors and assigns of the declarant, subject to the right of the Town of Southold to amend, modify or repeal said covenants at any time with the permission of the owner of said property.' 6. That the following shall be adhered to on that portion of Lot, Number 4 outside the Building Envelope which is designated the Open Space Easement 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 -3- 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, (fallow farmland) 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 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 righ~ of ways for non-farming vehicular use shall be constructed or 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. -4- 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. (~) All structures, whether temporary or permanent, shall be located within the building envelope for Lot Number 4 as designated on the final subdivision plat for Elijah's Lane Estates Section Three. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Open Space 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 t'o Planning Board approval. 7. The Open Space Easement area is located within the Special Groundwater Protection Area (SGPA), and therefore, any future use of this area shall be subject to any restrictions required for property within a SGPA. 8. That the owner of said Lot Number 4 reserves the right to the exclusive use and possession of the area known as the Open Space Easement, 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 Open Space Easement, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to -5- monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times. 9. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, open space easements, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 10. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. L__.'~ ' 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. IN WITNESS WHEREOF, the declarant has executed this Declaration of -6- SCHEDULE A OVER ALL DESCRIPTION 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, bounded and described as follows: BEGINNING at a point on the southerly side of land of the Long Island Railroad, distant 250 feet southwesterly as measured along said land from its intersection with the southwesterly side of Elijah's Lane; RUNNING THENCE South 38 degrees 14 minutes 50 seconds East along the westerly line of Map of Elijah's Lane Estates, Map No. 6065, 2955.22 feet to a point; THENCE South 51 degrees 21 minutes 10 seconds West, 75.38 feet to a point; THENCE South 38 degrees 38 minutes 50 seconds East, 50.00 feet to a point; THENCE South 51 degrees 21 minutes ~10 seconds West, 169.19 feet to a point; THENCE on a curve to the right with a radius of 75.00 feet, an arc distance of 92.32 feet to a point; THENCE South 51 degrees 21 minutes 10 seconds West, 276.57 feet to a point on the easterly side of land of Agnes Grabowski; THENCE along said land, the following 8 courses and distances: 1. North 38 degrees 30 minutes 50 seconds West, 197.78 feet to a point; 2. North 36 degrees 32 minutes 50 seconds West, 162.95 feet to a point; 3. North 37 degrees 36 minutes 50 seconds West, 297.63 feet to a point; 4. North 37 degrees 92 minutes 50 seconds West, 566.37 feet to a point; 5. North 38 degrees 31 minutes 50 seconds West, 643.60 feet to a point; 6. North 34 degrees 42 minutes 50 seconds West,' 494.40 feet to a point; 7. North 36 degrees 31 minutes 50 seconds West, 423.50 feet to a point; and 8. North 40 degrees 09 minutes 50 seconds West, 124.25 feet to a point on the southerly side of the Long Island Railroad; THENCE along said land North 46 degrees 11 minutes 40 seconds East, 539.62 feet to the point or place of BEGINNING. Covenants and Restrictions on the date as above written. B~ovodantona Aliperti State of New York SS.: County of Suffolk On the 9th day of July ,1996, before me personally came Buovodantona Aliperti, to me known to be the individual described in and Who executed the foregoing instrument and acknowledged to me that he executed the same. Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, New York 11778 -7- TITLE NO. ~ E L~ J A H' $ LANE ~ MAP 0 E ELIJAH S LANE ESTATES SECT[ON ~ S,38' 14'50"E 871 ·26' t N40°O9'50"W 124.25' THE AREA LOCATED OUTSIDE OF THE BUfLDING ENVELOPE FOR LOT 4- IS AN OPEN SPACE CONSERVATION EASEMENT N36'51 '50"W AGNES VACANT PROPERTY 29.84' R = 50.00' L = 78,55' R = 25.00' L = 5g.69' 615.91' GABRIELLA COURT (50' WIDE) 425.50' N54'42'50"W :, GR ABo WSK I ' ' ~ JU~ -1 2009 PROP~: TOTAL PLOT AREA: PROPOSED FIRST FLOOR AREA: PROPOSED SECOND FLOOR AREA: PROPOSED BASEMENT AREA: PROPOSED GARACE AREA: ELEVATIONS SHOWN HEREON REFER TO SUFFOLK COUNTY TAX MAP DIST:IO00 SECT:lO8 BLK:04 LOT:7.5 ,.,AP No:.,,, ~ DATE: BURTON · CT(S)4 BLOCK BEHRENDT ,,.,AP oF E,-,.,A.'S LANE ESTATES SECT,ON ~ SMITH · PC LOCATION :MATTITU CK ENGINEERS TOWN OF SOUTHOLD,SUFFOLK COUNTY,NEW YORK ARCHITECTS SURVEYED:MARCH 21,1987 ~Ev. '~/o5/0o CERTIFIED TO: EIUOVODANTONA ALIpERTI REV, 2/17/00 244 EAST MAIN ST. FINAL SURVEY 5/8/01 PATCHOGUE, N.Y. 11772 (6.;51) 475--0349 SCALE: 1 "= 1 00' FILE N0:87--559--4 PAX 475--0561 TEST WELL SEPTIC TANK DETAIL SANITARY LEACHING POOL TYPICAL WELL INSTALLATION ® ® MAP OF ELIJAH'S LANE ESTATES, SECT. LOCATED AT MATTITUCK TO~ O: SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE: MARCH, 1996 AtlG 7 Igg6 PATCHOGUE, NEW YORK ~1772 SHIRLEY..NEW YORK 11967 i : ' {t;_~J.~ COMPLETED MARCH 21. 1987 AND THAT ALL CONCRETE MONUMENTS SHOWN · HEREON ACTUALLY EXIST AND -HEIR POSITIONS ARE CORRECTLY SH AND ALL DIMENSIONS AND GEODETIC DETAILS ARE CORRECT. ME LAND SHOWN ON THiS MAP AS ROAD. STREETS OR HIGHWAYS OR FOR THE WIDENING ~IERE O~ AND ALSO EASEMENTS, RECHARGE BASINS, PARK AREAS AND ALL OTHER LAND INDICATLD AS DEDICATED FOR OTHER PUBLIC USE ARE HEREBY IRREVOCABLY OFFERED FOR DEDICATION TO -HE TOWN OF SOUTHOLD. THE TOWN OF SOUTHOLD IS IN NO WAY RESPONSIBLE FOR THE MAfNTENANCE OF SUCH ROADS, STREETS OR HIGHWAYS OR O-HER PUBLIC AREAS UNTIL THE BY: THE WATER SUPPLY AND SANITARY SEWAGE DISPOSAL FACILITIES SHALL CONSTRUCTED IN ACCORDANCE WITH CURRENT STANDARDS OF THE COUNTY DEPARTMENT OF HEALTH SERVICES AND IN C~FORMANCE ~ S PLANNING BOARD MEMBERS Richard G. Ward. Chairman George Rltchie Latham, Jr. Bennett Orlowsld. Jr, Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax [516} 765 - 1823 December 21, 1993 Irwin Popkin 1235 Montauk Highway Mastic, New York 11950 RE: Proposed Subdivision Elijah's Lane Estates Sections 2 and 3 SCTM9 1000-108-4-7.1 Dear Mr. Popkin: The Planning Board has reviewed your letter of November 19, 1993, and discussed same with Raymond Jacobs, Superintendent of Highways. Please note the following: The Town can not make any improvements to Rachel's Road unless the applicable portion of the fifty (50) foot right of way is deeded to, and accepted by, the Town. e If the above mentioned deed is accepted by the Town, Mr. Jacobs will proceed by improving that portion of the road to a level where it can be plowed clear of snow and used safely by emergency vehicles. However, your client, Mr. Aliperti, will be bonded for completion of this section of the road to the Town's standards when he constructs the remainder of Rachel's Road. The Planning Board's files do not contain a map showing Section 2 with 15 lots and Section 3 with 12 lots as mentioned in your letter. We would appreciate receiving revised maps of the proposed subdivision along with the additional information needed to process your application, all of which was spelled out in our April 9, 1993 letter to Mr. Aliperti. I have enclosed a copy of the letter for your convenience. Upon submission of the information contained in the letter, the Board will proceed with their review. Elijah's Lane Estates December 21, 1993 Page 2 If you have any questions regarding the above, please contact me at 765-1938. Sincerely, Melissa Spi~o Planner enc. cc: Raymond L. Jacobs, Superintendent of Highways James A. Richter, Engineering Inspector Anthony Aliperti PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latharn, Jr, Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 .'~ e,'¢ ~ ", ~'.~ /~. ~%-., .. ~., PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 AprLi 9t 1993 B Anthony Aliperti i138 William Floyd Parkway Box 149 Shirley, New York 11967 RE: Proposed Subdivision Elijah's Lane Estates Sections 2 and 3 : SCTM9 1000-108-4 7.1 Dear Mr. Aliperti: The Planning Board has reviewed your request to redesign Sections 2 and 3 of Elijah's Lane Estates. As you know, the conditional final approval granted by the Planning Board expired for both sections. In addition, the; approval granted by the Health Department for these sections also has expired. If you wish to proceed with a redesigned subdivision,: you must follow the procedure listed below. Revised maps must be submitted. These maps must be designed as follows: The entire layout for the two sections must be shown on one map. Rachael's Road must be continued from Elijah's Lane as indicated on the original plan for Section 2. The proposal shall not include more than twenty-seven (27) lots. (This yield was determined during review of the original proposal.) ~lijah's Lane. Estates April 9, 1993 Page 2 e Most of the open space remaining from the cluster design shall be located on the north side of the property. It must be designed to extend at least 500 feet south from the LIRR right-of-way. If this block of open space is larger than ten (10) acres in area, it may be attached to a lot. However, the building envelope must remain outside the 10 acre area. If the block of'open space is smaller than ten (10) acres in area., it must be owned by a Homeowners Association. In either case, an easement allowing this open space to be used for future water supply must be offered. , The remaining open space can be incorporated into the lot(s) located on the south side of the property to provide a buffer from the adjacent development. e. ~'A fifty (50) foot easement running parallel to the railroad (an extension of Rebekas Road)' should also be indicated on the map. This : easement should make the land available for future dedication to the Town. ; As per the Planning Board's policy for subdivisions which expire after conditional final approval has been granted, a new application fee equal to one-half the major subdivision application fee will be required. The fee may be calculated as follows: $500. plus $50. per acre or part thereof. The application fee must be submitted with the revised maps described above. The revised maps must be reviewed and accepted by the Planning Board. The final hearing will not be scheduled until final maps with a stamp of Health Department approval are received. £1ijah's Lane Estates April 9, 1993 Page 3 Upon submission of the information listed above, the Planning Board will proceed with their review of this proposed subdivision. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman PLANNING BOARD MEMBERS Richard O. Want, Chairman George Ritchle Latham, Jr. Bennett Orlowskl, Jr. Mark $, McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Ha]], 53095 Main Road p. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 September 20, 1993 Dennis Moran, P.E. Chairman Board of Review Suffolk County Dept. of Health Services Division of Environmental Quality County Center Riverhead, N.Y. 11901-3397 RE: Proposed Major Subdivision of Elijah's Lane Estates Sections 2 and 3 Southold #87-463 and #88-308 SCTM~ 1000-108-4-7.1 Dear Mr. Moran: Enclosed please find a copy of the Planning Board's April 9, 1993 correspondence in regard to the above mentioned proposed subdivision which is scheduled for the September 23, 1993 Board of Review meetinG. Please take into consideration the Board's position, in particular, the layout requirements outlined in Number l(d), during your review. The Planning Board will not be sending a representative to the meeting. However, if you have any questions regarding the above, please feel free to contact me at 765-1938. Sincerely, Planner enc. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Apr[i 9; 1993 B Anthony Aliperti 1138 William Floyd Parkway Box 149 Shirley, New York 11967 RE: Proposed Subdivision Elijah's Lane Estates Sections 2 and 3 SCTM9 1000-108-4 7.1 Dear Mr. Aliperti: The Planning Board has reviewed your request to redesign Sections 2 and 3 of Elijah's Lane Estates. As you know, the conditional final approval granted by the Planning Board expired for both sections. In addition, the approval granted by the Health Department for these sections also has expired. If you wish to proceed with a redesigned subdivision, you must follow the procedure listed below. ~ Revised maps must be submitted. These'maps must be designed as follows: ae The entire layout for the two sections must be shown on one map. Rachael's Road must be continued from Elijah's Lane as indicated on the original plan for Section 2. The proposal shill not include more than twenty-seven (27) lots. (This yield was determined during review of the original proposal.) ~lijah's Lane Estates April 9, 1993 Page 2 Most of the open space remaining from the cluster design shall be located on the north side of the property. It must be designed to extend at least 500 feet south from the LIRR right-of-way. If this block of open space is larger than ten (10) acres in area, it may be attached to a lot. However, the building envelope must remain outside the 10 acre area. If the block of'open space is smaller than ten (10) acres in area, it must be owned by a Homeowners Association. In either case, an easement allowing this open space to be used for~ future water supply must be offered. The remaiDing open space can be incorporated into the lot(s) located on the south side of the property to provide a buffer from the adjacent development. A fifty (50) foot easement running parallel to the railroad (an extension of Rebekas Road) should also be indicated on the map. This easement should make the land available for future dedication to the Town. As per the Planning Board's policy for subdivisions which expire after conditional final approval has been granted, a new application fee equal to one-half the major subdivision application fee will be required. The fee may be calculated as follows: $500. plus $50. per acre or part thereof. The application fee must be submitted with the revised maps described above. The revised maps must be reviewed and accepted by the Planning Board. The final hearing will not be scheduled until final maps with a stamp of Health Department approval are received. £1ijah's Lane Estates April 9, 1993 Page 3 Upon submission of the information listed above, the Planning Board will proceed with their review of this proposed subdivision. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman eCOUNTY DEPARTMENT OF HEALTH SERVICES OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE MARY E. HIBBERD, M.D., M.P.H. COMMISSIONER September 9, 1993 Mr. Anthony Aliperti 1138 William Floyd Parkway P. O. Box 149 Shirley, New York 11967 PE: Proposed Subdivision of Elijah's Lane Estates, Sections 2 and 3, #87-463 and #88-308, (T) Southold (SCTM 1000-108-4-7.1) !Dear Mr. Aliperti: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for September 23, 1993 at 9:00 a.m., in the Suffolk County Department of Health Services Conference Room, County Center, Room S-238, Riverhead. Y.ou and interested parties are requested to appear, with or wzthout counsel, and you may produce any information or evidence concerning the above referenced property. Should you have any questions, please call 516-852-2100. Very truly yours, Dennis Moran, P.E. Chairman Board of Review DM:cab CC: Mr. James L. Corbin Mr. Donald VanDeWater MS. Susan D. Windesheim Mr. Frank Dowling, Sr. Planner Mr. Peter R. Akras, P.E. Town of Southold Planning Board HARVEY A. ARNOFF Town Attorney MAITHEW G. KIERNAN Assistant Town Attorney May 13, 1993 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCO'VI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. B. Anthony Aliperti 1138 William Floyd Parkway Box 149 Shirley, New York 11937 Dear Mr. Aliperti: Kindly advise me as to your intentions with regard to EHjah's Lane Estates, Sections 2 and 3. If I cannot be reached at Southold Town Hall, please call me at my Riverhcad office, 727-4160. Sincerely, Town Attorney HAA: ps cc: R. Ward, Chairman Southold Town Planning Board ENVIROPACT May 13, 1993 Town of Southold Building/Planning Department P.O. Box 1179 Southold, NY 11971 Re: Freedom of Information Act Request To whom it may concern; Please provide, under the "Freedom of Information Act, 5 U.S.C. 552" any information on the below reference property as follows: A) Any notice of violation, cease and desist order, memorandum of understanding, injunction, or the like issued with respect to the property or facility thereon; B) Investigation for violation of any environmental laws, regulations, or standards; C) The property is listed on any EPA database, including but not limited to CERCLIS, RCRA notifiers, SARA title III, inventory of open dumps, PCB notification records or similar State-Law lists or database including, but not limited to, state-permitted landfills, solid waste disposal sites or UST notification records. D) Any reported violations or registered complaints, that the property or any facilities thereon is not in compliance with environmental laws, regulations, or standards; and E) Any other pertinent information relating to the subject or neighboring authority. Elijah Lane Associates Town of Southold, Mattltuck, NY 39.7 acres of partially developed land on the west side of Elijah Lane (see attached) It would be greatly appreciated if such information could be returned as soon as possible. Your cooperation regarding this matter is very much appreciated. If there are any searching or copying fees involved for the information requested, please inform 0neExecutiveBoulevard. 4thFIoor,~nkers, New ~rk10701 (914) 9634346 FaxNo(914)963-5063 FtORIDA NEW YORK SOUTH CAROLINA TEXAS me at this office. Sincerely, ~<Th~as Gall~er - ~nviropact, Inc. D~ck Pond P~ OREGON EA~ MAI~TUCK /'fATTI7 COUNTRY PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTW L. HARRIS Supervisor Town Hall, 53095 Main R~d; P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 April 9, 1993 B Anthony Aliperti 1138 William Floyd Parkway Box 149 Shirley, New York 11967 RE: Proposed Subdivision Elijah's Lane Estates Sections 2 and 3 SCTM9 1000-108-4 7.1 Dear Mr. Aliperti: The Planning Board has reviewed your request to redesign Sections 2 and 3 of Elijah's Lane Estates. As you know, the conditional final approval granted by the Planning Board expired for both sections. In addition, the approval granted by the Health Department for these sections also has expired. If you wish to proceed with a redesigned subdivision, you must follow the procedure listed below. Revised maps must be submitted. These maps must be designed as follows: The entire layout for the two sections must be shown on one map. Rachael's Road must be continued from Elijah's Lane as indicated on the original plan for Section 2. The proposal shall not include more than twenty-seven (27) lots. (This yield was determined during review of the original proposal.) ~lijah's Lane Estates April 9, 1993 Page 2 Most of the open space remaining from the cluster design shall be located on the north side of the property. It must be designed to extend at least 500 feet south from the LIRR right-of-way. If this block of open space is larger than ten (10) acres in area, it may be attached to a lot. However, the building envelope must remain outside the 10 acre area. If the block of ~open space is smaller than ten (10) acres in area, it must be owned by a Homeowners Association. In either case, an easement allowing this open space to be used for future water supply must be offered. ~ The remaining open space can be incorporated into the lot(s) located on the south side of the property to provide a buffer from the adjacent development. A fifty (50) foot easement running parallel~to the railroad (an extension of Rebekas Road)! should also be indicated on the map. This ~ easement should make the land available for future dedication to the Town. ~ As per the Planning Board's policy for subdivisions which expire after conditional final approval has been granted, a new application fee equal to one-half the major subdivision application iee will be required. The fee may be calculated as follows: $500. plus $50. per acre or part thereof. The application fee must be submitted with the revised maps described above. The revised maps must be reviewed and accepted by the Planning Board. The final hearing will not be scheduled until final maps with a stamp of Health Department approval are received. Elijah's Lane Estates April 9, 1993 Page 3 Upon submission of the information listed above, the Planning Board will proceed with their review of this proposed subdivision. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward "~'$ Chairman TO: FROM: RE: DATE: FILE Melissa Spiro, Planner March 15, 1993 meeting with B. Anthony Aliperti in regard to Elijah's Lane Estates Section 2 and Section 3. March 24, 1993 On March 15, 1993 Mr. Aliperti met with members of the Planning Board, Planning Staff and Mr. Arnoff, Town Attorney at the Planning Board's work session. The proposed maps submitted by Mr. Aliperti on January 29, 1993 were discussed. The proposed maps contained revisions to the original designs for Section 2 and Section 3. Originally, 19 lots were proposed for Section 2 and 8 lots were proposed for Section 3. The revised plans show 15 lots for Section 2 and 14 lots for Section 3. The proposed revision involves the transfer of lots from Section 2 to Section 3 and the addition of 2 lots. Section 2 is zoned R-80 but is grandfathered to R-40. Section 3 is zoned R-80. Both Mr. Arnoff and Planning Board members explained that it was not within the Planning Board's jurisdiction to allow the transfer of lots from one zone to another thereby creating a greater density than is permitted within the zoning district. Mr. Aliperti thought that the above was allowed and it was left that he would have his attorney contact Mr. Arnoff. (516) 281-2646 Fax: 281-8806 B. ANTHONY ALIPERTI Licensed Real Estate Broker Planning Board Office T6wn Hall 5309 Main Road Southold, NY 11971 .-'3anuary 27, 1993 RE: Elijah Lane Ass. Mattituck, NY Subdivision Section 2 & 3 Dear Mr. Chairman& Members of The Board: As owner of Elijah Lane Associates, I am requesting a revision on the above subdivision. On Section 2 the following changes are proposed. Lots 26, 27, & 28 will be merged into one lot. Lots 29, 30 & 31 will. be merged into one lot and a cul-de-sac will be built. With regard to Section 3 the following is proposed. Please check the copy enclosed for your assistance. I would like to meet with the Board at its convenience to discuss the proposal. Thank you for your time and assistance. Since.r~_ Owner Elijah Lane Ass. ns/BAA enc. 1138 William Floyd Parkway · Box 149" Shirley, New York 11967 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Certified Mail: George McBride, Vice President Business Banking Center The Union Savings Bank 62 South Ocean Avenue Patchogue, New York 11772 December 6, 1991 Re: Irrevocable Letter of Credit 208. Dear Mr. McBride: The Town of Southold is in possession of Irrevocable Letter of Credit 208 from The Union Savings Bank for a residential subdivision known as Elijah's Lane Estates, Section 2 in Mattituck, New York; a copy of which is enclosed herewith. Given the absence of any correspondence from The Union Savings Bank to the contrary, the purpose of this letter is to confirm our understanding that Irrevocable Letter of Credit 208, which was issued on November 17, 1989, has been extended automatically through November 17, 1992. If such is not the case, please notify this office in writing by noon of December 20, 1991. If you have any concerns or questions, please do not hesitate to contact Valerie Scopaz, Town Planner at 765-1938. Sincerely, Bennett Orlowski, Jr. Chairman cc: Judith T. Terry, Town Clerk Matthew Kiernan, Assistant Town Attorney 62 Sou~h Ocean Avenue, Potchogue, New York 11772 (516) 289-7500 November 17, 1989 THE UNION J'AVING$ BANK Town of Southold Town Hall, 53095 Main Road Po O. Box 1179 Southold, New York 11971 Gentlemen: We hereby establish this Irrevocable Letter of Credit $208, in your favor at the request of and for the account of Elijah Lane Associates for an amount up to but not exceeding the aggregate sum of $486,475.00 (FOUR HUNDRED EIGHTY SIX THOUSAND FOUR HUNDRED SEVENTY FIVE U.S. DOLLARS). This credit becomes effective immediately and expires at Union Savings BAnk, at our close of~ business on November 16, 1990. This letter of credit $208 shall be automatically extended for successive one year periods upon the anniversary of its issue, unless at least 30 days prior to any such anniversary date we notify you in writing that we elect not to so renew this letter of credit. Funds under this letter of credit are available to you against your sight draft(s) signed by your authorized corporate officer, drawn on us bearing the clause, "Drawn under Union Savings Bank Letter of Credit $208, dated November 17, 1989", accompanied by a written statement signed by the Town Engineer and Town Attorney for the Town of Southold, to read as follows: "This drawing has been caused by the default or failure to complete performance by the required date of work, and related items required by the Planning Board of the Town of Southold, dated August 15, 1989, regarding the subdivision known as Elijah's Lane Estates, Section 2, Map dated March 27, 1987". This letter of credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document or instrument. 1 Coram/Hauppauge/Hunt,ngton/Loke Grove/PaCchogue/Rocky Point/Shirley/Westhampton Beach We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit shall be duly honored upon presentation to the Drawee. The amount and date of each negotiation must be endorsed on the reverse hereof. This letter of credit is subject to the Uniform Customs and Practice for Commercial Documentary Credits (1983 Revision}, International Chamber of Commerce Publication ~400. Very truly yours, THE UNION SAVINGS B~ 2 FOUNDER (1922-1959) PARTNERS Chester C. Kelsey. P.E.. L.S. Robert A. Stanton, P.E. Robert W. Brown, L.S. ASSOCIATES George A. Style. P.E. Jerry D. Almont. P.E. George L. Fagan, Jr., Ph.O.. P.E. SPECIAL CONSULTANTS Thomas R. Pynohon, L.S. Prof. H. F. Soehngen, P.E*, L.$. Francis J. Lynch Joseph F. Stegman Ralph Andersen, L.S. BOWNE SIDNEY B. BOWNE & SON September 12, 199(~ Raymond C. Jacobs Supt. of Highways Town of Southold Peconic Lane Peconic, NY 11958 Re: P02806, Elijah Lane Estates, Section 2 S,C.T.M. !000-108-0¢-7.1 SB8 No. 87126 Dear Sir: A field inspection of this subdivision was completed on September 6, 1990 by this office. We find that very little work has been completed since the last inspection. Very truly yours, ABC:ls cc: Ray Dean Planning Board A. BARTON CASS, P.E. 45 Manor Road · Smithtown, NewYork 11787 · (516) 724-0611 235 East Jericho Turnpike · P.O. Boxl09 · Mineola, NewYork 11501 · (516) 746-2350 Mr. Frank Yakaboski, 456 Griffing Avenue Riverhead, NY 11901 $outhold, N,Y. 11971 (516) 765-1938 ESq · Re: September 17, 1987. Declaration of covenants and Restrictions for Elijah's Lane Estates sCTM~ 1000-108-4-7.1 Dear Frank: Your assistance in answering the following questions would be greatly appreciated: Can the Planning Board revoke a Declaration of covenantS and Restrictions which was placed on a subdivision, and which requires all property ownerS to be responsible for maintenance of the park and recreation area, the roads and the recharge basin? A little background information is in order. First, only Secion 1 of a 3 section subdivision was constructed- 'ch is part of Section 1 ~ ion area, whl ~ ~m~ of taxeS- The park and ~ .... at _ ~ ~or lack os ~3~nt had a county lien placee on xu ~ The Town asked the county to take this property off the auction block and to give it to the Town for the construction of affordable housing. The Town now has to file an amendment to Section 1 in order to subdivide the park and recreation property, when it obtains title to it. In the meantime the land for proposed Sections 2 and b another developer who has applied ~Ysection 2. Is it p~Ss~ for the 3 has been purcha~e~ ~1~ R'S for final approvai ~ire the removal of the ~ ~ Planning Board to req~ so as to allow the dedication of the roads and recharge basin to the Town? Are there any other legal issues of Southold, N.Y. 11971 (516) 765' 1988 PAGE 2 September 17, 1987 which we should be aware of before proceeding further? I've enclosed a copy of the DC & R's and an amendment theretO; along with a copy of the approval preliminary map which showed the entire 3 Sections as they were to have been laid out. If there are any questions, please don't hesitate to call. Sincerely, Valerie Scopaz Town planner PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George'Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MEMORANDUM TO: FROM: Judith T. Terry, Town clerk Valerie Scopaz, Town Planner RE:: Application of Jeffrey P. Vollmuth, P.E. for access to Planning Board Records on Elijah's Lane Estates, Sections i and 2. Mattituck, New York. SCTM $ 1000-108-4-7.1 through 7.21. DATE: September 5, 1990 First, as per your request of August 31st for the transfer of Planning Board's records to your office for the purpose of review by Mr. Vollmuth, may I suggest that Mr. Vollmuth be directed to the Planning Board office? The files and minutes pertaining to the Elijah's Lane property always are available for inspection by the public. I would prefer to keep the files here in case staff or other people wish to review them. If Mr. Vollmuth calls Mrs. Perrone for an appointment, she can arrange for a staff member to be on hand to answer any questions he may have. Second, the Planning Board office does not have all of the information that Mr. Vollmuth requests in paragraph three of his letter because the Planning Board was not involved in the Town's effort to obtain the open space portion of Section 1 from the County. I suggest asking Jim McMahon and Harvey Arnoff or Matt Kiernan to review their files for that information. (Since Mary Ann Santacroce worked with the former town attorneys and Jim on this matter, she probably would be of the most help in finding the information Mr. Vollmuth wants.) I hope this answers your request. cc: Bennett Orlowski, Jr., Chairman JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-180I August 31, 1990 To · From: Re: Planning Board Chairman Bennett Orlowski, Jr. Judith T. Terry, Town Clerk Application for Public Access to Records Please supply this office with records requested by Jeffrey P. Vollmuth, P.E. at your earliest convenience. Thank you. Attachment JTT/bn Jeffrey P, Vollmuth, P.E. NYS LIC, NO. 062230-1 NJ LIC. NO. 32830 VOLLMUTH & BRUSH Environmental Engineering -- Land Surveying 199 Blue Point Avenue Blue Point N.Y. 11715 516-363-2683 N.Y.C. 212-775-0988 August 30, FAX 516-363-2062 1990 George L Brush, P.L.S, NYS LIC, NO. 049697 Judith T. Perry Town Clerk Town of Southold P.O. Box 1179 53095 Main Road Southold, New York 11971 RECEIVED 3 1990 Re: FOIL, Elijah and Rachael's Dear Ms. Perry: My firm has been retained by concerned c~tizens of Elijah's Lane, located in the Town of Southold. As such under the Freedom of Information Law (FOIL) I am herein formally requesting the ability to review all files, correspondence, documents, covenants and information concerning the following properties: Elijah's Lane Estates Section I, File No. 6065, Tax Lot Information, District 1000, Section 108, Block 4 Lots 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 7.9, 7.10, 7.11, 7.12, 7.13, 7.14, 7.15, 7.16, 7.17, 7.18, 7219, 7.20, 7.21. The property in question is located on the west side of Elijah's Lane south of the Long Island Railroad (highlighted tax map enclosed). It should be understood that I desire the ability to review all files/information~ which should include planning board minutes, concerning the original approval of this subdivision. In addition, I wish to review all information concerning the property in question after the original approval. For example I wish to review the information concerning District 1,000, Section 108, Block 4, Lots 7.2 and 7.3 which were originally designated open space under the subject subdivision and have subsequently been developed as residential housing. If you have any questions regarding this FOIL request, please contact me immediately. Please contact me when the files will be available for review. voll3,southfoi Z .... Z ~zs~c' ~9~Z "' --2 SL[ ' "~--~-~'E~'~'? _., Real properly Tax Service Agency I OWNE PARTNERS Robert W. Brown, L.B. ZabdieiA. Blackma~, P.E., L.S. Frank J. Anteto ma~o. P.E. July 30, 1990 ASSOCIATES George A. Style, P.E. Jerry O* Almont, P.E. SPECIAL CONSULTANTS Thomas R. Pynchon, Prof. H. F. Soehngen, P.E., L.S. SENIOR STAFF Francis J. Lynch Philip Schlotzhauer Joseph F. Stegman Raymond C. Jacobs Supt. of Highways Town of Southold ?econic Lane Peconic, New York 11958 Re: Elijah Estates, Section 2 - PO2806 S.C.T.M. 1000-108-04-7.1 SBB No. 87126 Gentlemen: A field inspection of this subdivision was completed on 7/26/90 by this office. We find that the Belgium block curbing is being installed satisfactorily with the exception of one section east of Noah's Path on the south side of Jeremiah's Lane which was installed incorrectly for grade. The developer has been notified and will correct this section of curb. Very truly yours, A. Ba~on Cass CSH:clg B. Orlowski, Chairman (SPB) R. Dean (SBB) SOUTHOLD\87126 ~Ur~- IPSO 45 Manor Road · Smithtown, NewYork 11787 · (516) 724-0611 235 East Jericho Turnpike · P.O. Boxl09 · Mineola, NewYork 11501 · (516) 746-2350 FOUNDER (1922-1959) OWNE SIDNEY B. BOWNE & SON PARTNERS Chester C. Kelsey, P.E., L.S. So bert A. Stanton, P.E. Robert W. IBrown, Frank J. Antetomuo~ P.E. George A, Style, P.E. Jerry D, Almont. P.E. Frank C~po bla~co, C.E. Paul F, Stevens, P.E. Roger L. Cocchi, Mr. Raymond Jacobs, Supt. of Highways Town of Southold Peconic Lane Peconic, NY 11958 RE: P02806, Eljah Lane Estates, Section 2 SCTM No. 100-108-04-7.1 SBB 87126 April 23, 1990 SPECIAL CONSULTANTS Thomas R. Pynchon, L.$. Prof. H. F. Eoehngen, P.E., L.E. SENIOR STAFF Francis J. Lynch Philip Schlotzhauer Joseph F. Stegman Dear Sir: A field inspection of this subdivision was completed on 4-19-90 by this office. We find that the drainage in the south most portion is substaially completed, and was installed prior to the issuance of an authorization of inspection. This makes verification and recommendation for acceptance a more compex and time consuming exercise, namely the interior inspection of the structures and the lamping of the pipe lines, including the outfall pipe installed in the recharge basin. The developer should complete the stabilization & fence work at the recharge basin, to prevent further erosion to the banks disturbed during pipe and structure installation. ABC:ls cc: Ray Dean Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS A. BARTON CASS 45 Manor Road · Smithtown, New York 11787 · (516) 724- 0611 235 East Jericho Tumpike · P.O. Boxl09 · Mineola, NewYork 11501 · (516) 746-2350 SIDNEY B. BOWNE & SON 45 Manor [load Smithtown, New York 11787 (516) 724-0611 April 19, 90 87121 ELIJAH'S LANE ESTATES Plan Review. Purchase Order #2806 Final For the period of: 03/13/90 to 04/09/90 PLEASE REMIT TO: SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, New York 11787 Road & Drainage $ 226.49 MINEOLA · SMITHTOWN · NEW YORK CiTY · CLEARWATER To ADDR~ESS PURCHASE ORDER No. DPW SOUTHOLD TOWN N_O DEPARTMENT OF PUBLIC WORKS Peconic Lane, Peconic, L. I., N. Y. -- 765-3140 2806' I TAX EXEMPT I Please Emcr Our Order For Thc Following Items (~ntit.~ Description Unit Pric~ Amount Sp~¢|al Instructlon~: Purcha~ Order ~um~r Mu~ . ment And Packa~s. ORDERED BY: '?A, ccount Number ............. Invoice #. PAY TO: Payee Name: April 19, ............ Date ................ 19.... ........ TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. Sidney B. Bowne & Son Address: 45 Manor Road, Smithtown, N.Y. 11787 Payee Identification or Social Security Number: Payee Reference: Phone No. (...). Vendor Contact Cash Discount .............. % ......... Days 9O _ The undersigned (Claimant) (Acting on behalf of above named does hereby ~ that the foregoing claim is true and correct and that no part thereof has ~aid, ex stated, and that the balance therein stated is actually due and owing. Dated. April 19 199.0 ~.~. ?onature No. Description of Material/Service Quantity Unit Amount Price .~_ ~~ INSPECTION Purchase Order #2806 ~~~ ~~ 226.49 -~od of: 03/13/90 to 04/09 90 · ~_ INSPECTION //~C~_~ Total 226.49 Discount ~ , - Check # Town of §outhold / BILL OF C,,~med. $ . ¢~¢?~.'. ~Y. ........ Fund .......................... Dept/Obj/Sub.. ~'~ ~..~. ' ~. ......... For Services and Disbursements as Invoice number.../, ~.~ ........ Vendor number...~;~.~ .~, ........ Allowed, $ ..................... Audited..~f~//. *°c/ .... 19 ,~*~ . . , Town Clerk FOUNDER PARTNERS Chester C. Kelsey. P.E., L.S. Robert A. Stanton, P.E. Re bert W. Brown. L.G. Fra~l k J. Antetomaso, P.E. ASSOCIATES George A. Style, P.~[. Jerry D. Almont, P.E. George L. Fagan. Jr.. Ph.D., P.E. Frank Capo bianco, C.E. Paul F. Stevens, P.E. Roger L. Cocchi, P.E. SPECIAL CONSULTANTS Thomas R. Pytlchon~ Prof. H. F. Soehngen, P.E., L.S. SENIOR STAFF Francis J. Lynch Philip Schlotzheuer Joseph F. Stegrnall William T. Styne Richard B. Weber Ralph Anderson1, L.S. A, Garton Cass, P.E. Fredric C. Grif fit hs~ Jr.. An driani Harris, P.E. G~egg G. Kelsey, P.E. Dane C, Kenny, P,E, Howard W. Miller, P. E, Richard P. Slutzah. P.E. BOWNE SIDNEY B. BOWNE & SON April 23, 1990 Mr. Raymond Jacobs, Supt. of Highways Town of Southold Peconic Lane Peconic, NY 11958 RE: P02806, Eljah Lane Estates, Section 2 SCTM No. 100-108-04-7.1 SBB 87126 Dear Sir: A field inspection of this subdivision was completed on 4-19-90 by this office. We find that the drainage in the south most portion is substaially completed, and was installed prior to the issuance of an authorization of inspection. This makes verification and recommendation for acceptance a more compex and time consuming exercise, namely the interior inspection of the structures and the lamping of the pipe lines, including the outfalt pipe installed in the recharge basin. The developer should complete the stabilization & fence work at the recharge basin, to prevent further erosion to the banks disturbed during pipe and structure installation. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS ABC:ls cc: Ray Dean APR 2 6 IggO A. BARTON CASS 45 Manor Road · Smithtown, NewYork 11787 · (516) 724-0611 235 East Jericho Turnpike · P.O. Box 109 · Mineola, New York 11501 · (516) 746- 2350 TO BURTON, HAND, BEHRENDT & SI~H 244 East Main Street PATCHOGUE, NEW YORK 11772 (516) 475-0349 FAX: (516) 475-0361 WE ARE SENDING YOU,~ttached [] Under separate cover via [] Shop drawings J:~Prints [] Plans [] Copy of letter /[] Change order [] the following items: [] Samples [] Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMIttED as checked below: [] For approval f,4~;~For your use ~:~..s requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections [] 19 [] Resubmit [] Submit [] Return copies for approval copies for distribution corrected prints __ [] PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO ~- SIGNED: /~~c~ If enclosures ~re not as noted, kindly notify us at onc~ f (516) 281-8200 B. ANTHONY ALIPERTI Licensed Real Estate Broker April 12, 1990 Mr. Bennett Orlowski, Chairmen Town of Southold Planning Board Town Hall Southold, New York 11971 RE: Elijah Lane Estates Section II Dear Mr. Orlowski: In January 1990, your department requested an updated Health Department stamp for section II of the above subdivision. Late January we submitted the maps mith a current Health Department approval. At that time me also supplied you with the required inspection fee. As of today, me still have not received the signed maps for Elijah Lane Estates Section II. We mould appriciate some information as to why your department mill not sign the maps. We mould appriciate a response as soon as possible. Thank you. Sincerely, Anthony Aliperti Rresident Elijah Lane Associates ns/BAA cc: Nr. Scott Harriss, Town Supervisor 1138 William Floyd Parkway · Box 149 · Shirley, New York 11967 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM TO:, FROM: RE: Raymond Jacobs, Highway Superintendant Valerie Scopaz, Town Planner %/5 Elijahs Lane Estates, Sections 2 and 3 Mattituck, New York DATE: March 26, 1990 It has come to my attention that road inspections are not being conducted on the above-referenced subdivisions. While these two subdivisions have not received final approval from the Planning Board, letters of credit for these two sections have been accepted by the Town. See enclosed copies of resolutions that were passed by the Town Board accepting Letters of Credit. Also, inspection fees totalling $39,671.10 for the two subdivisions were paid on February 21, 1990. See enclosed copy of check. Verification of same can be obtained from Judith T. Terry's office and John Cushman. ANTHONY ALIPERTI BOX 149 SHIRLEY, NEW YORK February 20, 1990 Mr. Bennett Orlowskii, Chairman Town of Southold Planning Board Office Town Hall Southold, New York 11791 Re: Elijah Lane Estates, Sections II & III Dear Mr. Orlowski: Thank you for your letter of February 16th. Please forgive the failure to pay the inspection fees, I was u~.er the impression that the fees were submitted with the bonds. 'Enclosed is the check of Elijah Lane Associates in payment of the fees for sections II & III. cc. Mr. Raymond Jacobs ELIJAH LANE ASSOCIATES 875 MONTAUK HIGHWAY SHIRLEY, NY 11967 TOTHE . y ~',~ UNION SAVINGS BAHK 204 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOI~/ING RESOLUTION I~I/AS ADOPTED BY THE SOUTHOLD TO~I/N BOARD AT A REGULAR MEETING HELD ON DECEMBER 27. 1989: RESOLVED that the Town Board of the Town of Southold hereby accepts Irrevocable Letter of Credit #208, established by The Union Savings Bank, in the amount of $486,475.00, for roads and improvements in the Elijah Lane Estates, Section II major subdivision, all in accordance with the Town Board's resolution of June 20, 1989 approving the amount as recommended by the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. December 28, 1989 .? ITEM 2. 3. 4. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 1988 BOND ESTIMATE FOR ELIJAH'S LANE ESTATES, SECTION 2 MAJOR SUBDIVISION AT MATTITUCK TOWN OF SOUTHOLD, SUFFOLK COUNTY, N.Y. S.C.T.M. NO. 1000-108~4-7.1 DESCRIPTION Unclassified Excavation 2,920 Fill for Roadway 860 Fine Grading 6,800 Stone Blend Base Course 4" Thick 760 Asphalt Concrete Binder 2-1/2" Thick 950 Asphalt Concrete Wearing Course-1 1/2" Thick 570 Concrete Curb (Mountable) 4,300 Furnish & Install Catch Basins Furnish & Install Manholes 7 Furnish and Lay Corrugated Metal Pipe - 18" Dia. 1,530 Furnish and Lay Corrugated Metal Pipe - 24" Diam. 600 Topsoil and Seed 5,340 Concrete Masonry 4 Concrete Monuments 13 Saw Cut 75 Street Lights 11 Direct Burial Cable 4,400 Cable in Conduit 50 Street Trees 128 Underground Electric Facilities (As per LILCO Estimate) J o b Fire Wells as needed as per the UNIT QUANT ITY PR ICE c.y. 6.00 c .y. 8.00 s.y. 1.50 c.y. 40.00 Tons 60.00 Tons 60.00 1.f. 10.00 ea. 3,500.00 ea. 3,000.00 1 .f. 30.00 1 .f. 40.00 s.y. 5.00 ¢.y. 300.00 ea. 80.00 1 .f. 3.00 ea. 2~000.00 1 .f. 2.00 1 .f. 10.00 ea. 200.00 Fire Dept. TOTAL = 5% Inspection Fee: AMOUNT 17,520.00 6,880.00 10,200.00 30,400.00 57,000.00 34,200.00 43,000.00 38,500.00 21,000.00 45,900.00 24,000.00 26,700.00 1,200.00 1,040.00 225.00 22,000.00 8,800.00 500.00 25,600.00 51,810.00 20,000.00 $4~8 ~, 475.00 24,323.75 S/3 Sheet I of I JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 / ,,d (2 0- lc) ~,C THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1989: RESOLVED that the Town Board of the Town of Southold hereby accepts Irrevocable Letter of Credit #216, established by The Union Savings Bank, in the amount of $174,710.00, for roads and improvements in the Elijah Lane Estates, Section III major subdivision, the Town Board's resolution of November 28, 1989 as recommended by the. Southold Town Planning Bowne & Son, Consulting Engineers. all in accordance with approving the amount Board and Sidney B. Judith T. Terry Southold Town Clerk December 28, 1989 Revised: November 28, 1988 November 9, 1989 ~TEM BOND ESTIMATE FOR £LIJAH'S LANE ESTATES, SECTION 3 ','AJOR SUBDIVISION AT MATTITUCK TC~t OF SOUTHOLD, SUFFOLK COUNTY, N.Y. S.C.T.M. NO. I000-108-4-p/o 7.1 DESCRIPT~I ' - UNIT ~UA~IT[TY PRICE 2. 3. 4. 5. 6. e e 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Unclassiflecl Excavation FIll for Roed~a~ Sa~ Cut Fine GraOinq Furnish an~ Lay 1~ ..... ' Furnish an Instal; Leaching Basins .~' Concrete Curo ~o~t~,,.. Oense-Gradea Base Course - Bituminous Paw~r~,: :~:~,:..,. Course - 2-1,'~' ".' Bituminous ?av~=.m~ ,,,.,~r ' Course 1-1/2" Topsoil and Seeulng Street Lights Direct Burial Cable Cable in Conduit Street Signs Concrete Monuments Street Trees Underground Electric Facilities (As per LILCO Estimate) Fire Wells Maintenance and Protection · of Traffic AMOUNT 320 c.g. 6.00 $ 2,280.00 350 c.¥. 8.00 2,800.00 '? I.'. 3.00 90.00 ... 1.50 4,350.00 · · 30.00 15,900.00 · .'. 300.00 :..::) :.-. 10.00 :' c.v 40.00 : ', tons 60.00 IS5 Tons 60.00 i,650 s.y. 5.00 3 ea. 2,000.00 450 ea. 2.00 50 1.f. 10.00 2 ea. 250.00 9 ea. 80.00 30 ea. 200.00 Job L.S. I ea. 12,000.00 J o b L.S. Sub-total = 6% Inspection Fee : TOTAL : 48,000.00 12,400.00 9,800.00 18,600.00 11,100.00 8,050.00 6,000.00 900.00 500.00 500.00 720.00 6,000.00 10,720.00 12,000.00 4,000.00 $174,710.00 10,482.60 $185,192.60 S/3 Sheet i of I ANTHONY ALIPERTI BOX 149 SHIRLEY, NEW YORK February 20, 1990 Mr. Bennett Orlowskii, Chairman Town of Southold Planning Board Office Town Hall Southold, New York 11791 Re: Elijah Lane Estates, Sections II & III Dear Mr. Orlowski: Thank you for your letter of February 16th. Please forgive the failure to pay the inspection fees, I was under the impression that the fees were submitted with the bonds. 'Enclosed is the check of Elijah Lane Associates in payment of the fees for sections II & III. S i~s, cc. Mr. Raymond Jacobs ELIJAH LANE ASSOCIATES 875 MONTAUK HIGHWAy SHIRLEY, NY 11967 TO THE , -- UNION SAVINGS BANK 20 t5 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOWl~ L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: DATE: Raymond Jacobs, Highway Superintendant Scopaz, Town Planner %/~ Valerie J Elijahs Lane Estates, Sections 2 and 3 Mattituck, New York io~-~J- 7.1 March 26,.1990 It has come to my attention that road inspections are not being conducted on the above-referenced subdivisions. While these two subdivisions have not received final approval from the Planning Board, letters of credit for these two sections have been accepted by the Town. See enclosed copies of resolutions that were passed by the Town Board accepting Letters of Credit. Also, inspection fees totalling $39,671.10 for the two subdivisions were paid on February 21, 1990. See enclosed copy of check. Verification of same can be obtained 'from Judith T. Terry's office and John Cushman. ANTHONY ALIPERTI BOX 149 SHIRLEY, NEW YORK February 20, 1990 Mr. Bennett Orlowskii, Chairman Town of Southold Planning Board Office Town Hall Southold, New York 11791 Re: Elijah Lane Estates, Sections II & III Dear Mr. Orlowski: Thank you for your letter of February 16th. Please forgive the failure to pay the inspection fees, I was under the impression that the fees were submitted with the bonds. ~Enclosed is the check of Elijah Lane Associates in payment of the fees for sections II & III. cc. Mr. Raymond Jacobs ELIJAH LANE ASSOCIATES .: 2 (J ~ ,5 875 MONTAUK HIGHWAy SHIRLEY, NY 11967 ~tJDITH T. TERRY TOWTq CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York ! 1971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1989: RESOLVED that the Town Board of the Town of Southold hereby accepts Irrevocable Letter of Credit #208, established by The Union Savings Bank, in the amount of $486,475.00, for roads and improvements in the Elijah Lane Estates, Section II major subdivision, all in accordance with the Town Board's resolution of June 20, 1989 approving the amount as recommended by the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. · Ter.r.y , Southold Town Clerk December 28, 1989 62 Sou~h Oceon Avenue, Patchogue, New Ybrk 11772 (516) £89-7500 NoYemher 17, 1989 THE UNION SAVINGJ' BANK Town of Southold Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Gentlemen: We hereby establish this Irrevocable Letter of Credit #208, in your favor at the request of and for the account of Elijah Lane Associates for an amount up to but not exceeding the aggregate sum of $486,475.00 (FOUR HUNDRED EIGHTY SIX THOUSAND FOUR HUNDRED SEVENTY FIVE U.S. DOLLARS). This credit becomes effective immediately and expires at Union Savings Bank, at our close of business on November 16, 1990. This letter of credit ~208 shall be automatically extended for successive one year periods upon the anniversary of its issue, unless at least 30 days prior to any such anniversary date we notify you in writing that we elect not to so renew this letter of credit. Funds under this letter of credit are available to you against your sight draft(s) signed by your authorized corporate officer, drawn on us bearing the clause, "Drawn under Union Savings Bank Letter of Credit ~208, dated November 17, 1989", accompanied by a written statement signed by the Town Engineer and Town Attorney for the Town of Southold, to read as follows: "This drawing has been caused by the default or failure to complete performance by the required date of work, and related items required by the Planning Board of the Town of Southold, dated August 15, 1989, regarding the subdivision known as Elijah's Lane Estates, Section 2, Map dated March 27, 1987". This letter of credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document or instrument. 1 Coram/Hauppauge/Huntington/Loke Grove/Patchogue/Rocky Point/Shirley/Westhompton Beoch We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit shall be duly honored upon presentation to the Drawee. The amount and date of each negotiation must be endorsed on the reverse hereof. This letter of credit is subject to the Uniform Customs and Practice for Commercial Documentary Credits (1983 Revision), International Chamber of Commerce Publication ~400. Very truly yours, THE UNION SAVINTGS~ 2 Town Hall, 53095 Main Road P.O. Box 1 ! 79 Southold, New York 11971 TELEPHONE (516) */65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 15, 1989 Irwin Popkin 1235 Montauk Highway Mastic, NY 11950 RE: Elijah's Lane Estates Section II SCTM ~1000-108-4-7.1 Dear Mr. Popkin: The following action was taken by the Southold Town Planning Board on Monday, August 14, 1989. WHEREAS, a formal application for the approval of a subdivision entitled Elijah's Lane Estates, Section II located at Mattituck was submitted to the Planning Board office on May 11, 1987;and WEREAS, the Planning Board, as lead agent, made a determination under the State Environmental Quality Review Act of Non-significance; and WHEREAS, a final public hearing was held on said subdivision application at the Town Hall, $outhold, New York on July 10, 1989 at 7:30 p.m.; and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision; and be it therefore RESOLVED that the Southold Town Planning Board approve the subdivision known as Elijah's Lane Estates, Section II, map dated March 27, 1987 and recieved by the Planning Board on July 20, 1989 subject to the following: Receipt of a Letter of Credit or its equivalent in the amount of $486,475.00. Payment of the inspection fee in the amount of $29,188.50. Payment of the park & playground fee in the amount of $17,290.00. If you have any questions, please do not hesitate to contact this office. Verlf truly yours, CHAIRMAN jt Jufi~ '22;'1'989 LEGAL NOTICE_ Notic~ of l'ub~i~ NOTICE IS H~RFBY GIVEN that pursumt to Section 276 of the Town Lab, a pub ic h¢anng will he held by the Southold '[own Planning Board, a~ the 'lown Hall, Main Road, Southold, New york in said Town on the 10th day of July, 1989 on the question of the following: 7:30 p.m. Final approval on the map dated March 21, 1987, located at the Town of Southold, County of Suffolk, State of New york. SCTM The property is bordered on the North by land now or formerly of ~ounty of Suffolk, State of New york. SCTM#1000-100-40-5 1. The property is bordered on the north by the North Road; on land now or formerly of Arthur Nichols, by land now or formerly of Claudio Giovannelli, by land now or former- , . ly of Willard Claton, by land now or formerly of lames Chute; on the east by land now or formerly of Maw Zipkas, by land now or formerly of Otto Funk, by land now or formerly · of Attm Volinski, Jn, by land now or · . formerly of Willim Adams. by land * now or formerly of Barbara A. McGhmes, by land now or formerly , * of Jan Cambell, by land now or for- :. merly of Bertha Martocchia, by land now or formerly of Paul poerschke, ~ by land now or formerly of Halsey " Staples, by land now or formerly of Paul Corwin, by land now or for- merly of Florence B, Klien; on the * South by land now or formerly of the Village of Greenport, by Moore's Lane; on the west by Moore's Lane, by North Road. Any person desiring to be heard on the above matters should appear at the tkne and place specified. Dated: June 20, 1989 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNE3~ ORLOWSKI. JR. CH.MRMAN 6349-1TI22 STATE OF NEW YORK) )ss: COUNTY OF SU~OLIO . Yvonne I. iohl ~.in of Idattltu©k, in .Id ~ounty, being duly Sworn, ~ys tht ~sh b P~ol~f Clerk of THE SUFFOLK ~MES, a Weekly Newspapt' publbhed at Mattltuch h the T~n of SouthoM, ~un~ of Suffolk and S~te of New Yo~, ~d t~t the Notioe of ~l~h t~ a~exed b a pdnt~ co~, ~ b~n r~ula~ ~ In said Newspaper once each week for ~ weeks sueoesslvely, eommen=ing on the 2 ~ day of Ptincl~l Cle~ S LEGALS 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 thc Town Hall, Main Road, Southold, New York in said Town on thc 10th day of July, 1989 on the question of the following: 7:30 p.m. Final approval on the question of Elijah's Lane Section II, map dated March 21, 1987, located at the Town of Southold, County of Suffolk, State of New York. SCTM //1000-108-4-7.1. The Property is bordered on the North by land now or formerly of Future Elijah's Lane Estates, Section III, by land now or formerly of Elijah's Lane Es- tates, Section I; on the east by land now or formerly of Elijah's Lane Estates, Section I; on the south by land now or formerly of Agnes Grabowski; on the west by land now or formerly of Agnes Grabowski. 7:45 p.m. Public hearing on the Draft Environmental Impact Statement for Cedarfields/ Mooresland, located at the Town of Southold, County of Suffolk, State of New York. SCTM #1000-100-40-5-1. The property is bordered on the north by the North Road; on land now or formerly of Arthur Nichols, by land now or former- ly of Claudio Giovannelli, by land now or formerly of Willard Claton, by land now or former- ly of James Chute; on the east by land now or formerly of Mary Zipkas, by land now or formerly of Otto Funk, by land now or formerly of Aton Volin- ski Jr., by land now or formerly of William Adams, by land now or formerly of Barbara A. Mc- Ginnes, by land now or former- ly of Jan Cambell, by land now or formerly of Bertha Mar- tocchia, by land now or former- ly of Paul Poerschke, by land now or formerly of Halsey Sta- ples, by land now or formerly of Paul Corwin, by land now or formerly of Florence B. Klien; on the South by land now or formerly of the Village of Greenport, by Moore's Lane; on the west by Moore's Lane, by North Road. Any person desiring to be heard on the above matters should appear at the time and place specified. Dated: June 20, 1989 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI JR. CHAIRMAN IX, 6/22/89 (15) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....................... /.... weeks successively, commencing on the ............ ?..J~. ...... day of~_..~. ~.~,(~. ..... ,1 9.. ,~,~. l~, Sworn to before me this ........... .'~...~'. ...... day of ......... ....... Notary Public BARBAR/~ A. SCHNEIDER NOTARY PUBLIC, Stale of New York Ne, 480~845 Qualified itl Suffolk Coun~ Commis~0t~ Expires ¢/3 ~Ao ~..~__...~;'~.~/ 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 10th day of July, 1989 on the question of the following: 7:30 p.m. Final approval on the question of Elijah's Lane Section II, map dated March 21, 1987, located at the Town of Southold, County of Suffolk, State of New York. SCTM 91000-108-4-7.1. The Property is bordered on the North by land now or formerly of Future Elijah's Lane Estates, Section III, by land now or formerly of Elijah's Lane Estates, Section I; on the east by land now or formerly of Elijah's Lane Estates, Section I; on the south by land now or formerly of Agnes Grabowski; on the west by land now or formerly of Agnes Grabowski. 7:45 p.m. Public hearing on the Draft Environmental Impact Statement for Cedarfields/Mooresland, located at the Town of Southold, County of Suffolk, State of New York. SCTM %1000-100-40-5-1. The property is bordered on the north by the North Road; on land now or formerly of Arthur Nichols, by land now or formerly of Claudio Giovannelli, by land now or formerly of Willard Claton, by land now or formerly of James Chute; on the east by land now or formerly of Mary Zipkas, by land now or formerly of Otto Funk, by land now or formerly of Aton Volinski,Jr., by land now or formerly of William Adams, by land now or formerly of Barbara A. McGinnes, by land now or formerly of Jan Cambell, by land now or formerly of Bertha Martocchia, by land now or formerly of Paul Poerschke, by land now or formerly of Halsey Staples, by land now or formerly of Paul Corwin, by land now or formerly of Florence B. Klien; on the South by land now or formerly of the Village of Greenport, by Moore's Lane; on the west by Moore's Lane. bY North Road. Any person desiring to be heard on the above matters should appear at the time and place specified. Dated: June 20, 1989 BY ORDER OFT HE SOUTHOLDTOWN PLANNING BOARD BENNETT ORLOWSKI,JR. CHAIRMAN PLEASE PRINT ONCE ON THURSDAY, June 22, AFFIDAVITS TO THIS OFFICE, THANK YOU. COPIES SENT TO: 1989 AND FORWARD TWO (2) SUFFOLK TIMES LONG ISLAND TRAVELER/WATCH~4AN VEL CONSTRUCTION CORP. 1138 William Floyd Parkway Shirley. New York 11967 (516) 281-2646 March 12, 1990 Mr. Bennett Orlowski, Jr. Chairmen Town of Southold Planning Board Town Hall Southold, New York 11971 RE: Elijah Lane Estates, Section II & III Elijah Lane Associates Dear Mr. Orlowski: As of today we have not received a respose to our February 14, 1990 letter, copy enclosed, that was mailed to you directly. We would appreciate a respose, within a resonable time span, so that the matter can be resolved. Also, we would appreciate the final maps, for the above subdivision, to be signed before the Suffolk County Health Department approval expires for a third time. Please have your Board consider our request and advise. Sincerely,~..-- ~nthony Aliperti President Elijah Lane Associates ns/AA Encl. cc: Mr. Scott Harriss, Irwin Popkin, P.C. Town Supervisor Law Offices Irwin Popkin P.C. Montauk Hwy · -0030 Mastic, N.Y. 11950 FAX # (516) 281-01 74 February 14, 1990 Mr. Bennett Orlowski, Jr. Chairmen Town of Southold Planning Board Town Hall Southold, New York 11971 Re: Elijah Lane Estates, Section II & III Dear Mr. Orlowski: As attorney for and member of the firm Elijah Lane Associates, the developer of the subjec~ parcel, I strongly urge the Planning Board to reconsider the imposition of a requirement for a Homeowner's Association with respect to this subdivision. I~ fact, the idea of a Homeowner's Association was not presented to us, but rather was foisted upon us at the final hearing. This is an 8 lot subdivision. The additiona~ costs and fees associated with the creation of this Association cannot be justified by the number of lots involved. Further more, it imposes an added burden upon the ultimate owners of the lots and detracts from their desirability. The Town of Southold, without notification to us, utilized the park area, designated for the entire Elijah Lane Development for affordable housing. In view of that, we request that all Park and Recreation fees be waived. Please have your Board consider our request and advise. cc: Mr. Scott Harriss, Anthony Aliperti S incere~yours Irwin y~pkJ Town Supervisor ANTHONY ALIPERTI BOX 149 SHIRLEY, NEW YORK February 20, 1990 Mr. Bennett Orlowskii, Chairman Town of Southold Planning Board Office Town Hall Southold, New York 11791 Re: Elijah Lane Estates, Sections II & III Dear Mr. Orlowski: Thank you for your letter of February 16th. Please forgive the failure to pay the inspection fees, I was under the impression that the fees were submitted with the bonds. Enclosed is the check of Elijah Lane Associates in payment of the fees for sections II & III. cc. Mr. Raymond Jacobs SOUTi-~OLD 7' ) Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'VE L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 February 16, 1990 Anthony Aliperti P.O. Box 149 Shirley, New York 11967 RE: Elijah's Lane Estates, Sections II and III Dear Mr. Aliperti: A review of our files indicates that while you have submitted a performance bond, you have not paid the inspection fee. We know that you have begun construction on the roads. Since Southold Town sometimes uses outside engineering consultants to inspect roads under construction, it needs the inspection fee monies to pay its engineers. If you wish the Town to accept dedication of your road at the time of completion, the road should be inspected throughout the construction period. To avoid problems later, it is suggested that the fee be paid now. As a member of the Brookhaven Planning Board, I am sure you understand my position in requesting your cooperation in this matter. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Raymond Jacobs, Highway Superintendent Law Offices Irwin Popkin P.C. 1235 Montauk Hwy · Mastic, N.Y. (516) 281-0030 11950 FAx # (516) 281-01 74 February 14, 1990 Mr. Bennett Orlowski, Jr. Chairmen Town of Southold Planning Board Town Hall Southold, New York 11971 Re: Elijah Lane Estates, Section II & III Dear Mr. Orlowski: As attorney for and member of the firm Elijah Lane Associates, the developer of the subject parcel, I strongly urge the Planning Board to reconsider the imposition of a requirement for a Homeowner's Association with respect to this subdivision. In fact, the idea of a Homeowner's Association was not presented to us, but rather was foisted upon us at the final hearing. This is an 8 lot subdivision. The additional costs and fees associated with the creation of this Association cannot be justified by the number of lots involved. Further more, it imposes an added burden upon the ultimate owners of the lots and _~etracts from their desirability. The Town of Southold, without notification to us, utilized the park area, designated for the entire Elijah Lane'Development for affordable housing. In view of that, we request that all Park and Recreation fees be waived. have your Board consider our request and advise. S incer ours, ._~.- Irw C. : n, Pres cc: Mr. Scott Harriss, Town Supervisor Anthony Aliperti Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM TO: FROM: RE: DATE: Raymond Jacobs, Highway Superintendant Valerie Scopaz, Town Planner I/~ Elijahs Lane Estates, Sections 2 and 3 / Mattituck, New York /o~- ~- 7./ March 26, 1990 It has come to my attention that road inspections are not being conducted on the above-referenced subdivisions. While these two subdivisions have not received final approval from the Planning Board, letters of credit for these two sections have been accepted by the Town. See enclosed copies of resolutions that were passed by the Town Board accepting Letters of Credit. Also, inspection fees totalling $39,671.10 for the two subdivisions were paid on February 21, 1990. See enclosed copy of check. Verification of same can be obtained from Judith T. Terry's office and John Cushman. ii SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM#: COMMENTS: ELIJAH LANE ASSOCIATES 1235 MBNTAUK HIGHWAY MASTIC, NEW YORK 11958 June 26, 1989 Mr. Bennett Orlowski, Jr., Chairman Town Of Southold Planning Board Town Hall Main Road Southold, New York 11971 Re: Elijah's Lane Eetates Sectione II & III Bear Mr. Orloweki: Please be advised that ali roads and open spaces shown on the subject eubdivision mape are intended to be dedicated to the Town of Southold. Sincerely,y Elijah La As~oc,i ~es By: IYwin Popki'n, Partner Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York i 1971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 06/27/89 Irwin Popkin 875 Montauk Highway Shirley, NY 11967 Dear Mr. Popkin: Elijah's Lane Estates Section II SCTM #1000-108-4-p/o7 Enclosed please find a resolution from the Town Board approving the amount of $486,475.00 for a bond for roads and improvements for the above mentioned subdivision. Please note that the cost of the fire well was added to the bond estimate. Upon receipt of a letter of credit or its equivlent, the Planning Board will continue the their review process. If you have any questions, please do not hesitate to contact this office. .~~ruly yours, BENNETT ORLOWSKI, JR. ~ CHAIRMAN enc. SO,_ PLAi~' ;,, 'J ,,,, . JUDITH To TERRY TO~'q CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 20, 1989: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $486,475.00 for a bond for roads and improvements in the Elijahs Lane Estates, Section 11 major subdivision, all in accordance with the recommendations of the Southold Town Planning Board and Sidney B. Bowne & Sons, Consulting Engineers. ~'-~Judith T. Terry Southold Town Clerk June 22, 1989 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD aune 22, 1989 Irwin Popkin 875 Montauk Highway Shirley, NY 11967 RE: Elijah's Lane Estates Section II SCMT #1000-108-4-p/o 7 Dear Mr. Popkin: The following actions were taken by the Southold Town Planning Board on Monday, June 19, 1989. RESOLVED that the Southold Town Planning Board recommend to the Town Board that they adopt the Bond Estimate in the amount of $486,475.00 for this major subdivision. RESOLVED that the Southold Town Planning Board set Monday, July 10, 1989 at 7:30 p.m. for a public hearing on the final maps dated March 21, 1987. Final maps with updated Health approval must be submitted to the Planning Board office prior to the date of the hearing. Please notify the Planning Board as to whether the roads are to remain private, or are to be dedicated to the Town. If you have any questions, please do not hesitate to contact this office. Vv~' truly your~s~,~ ,,~ ~ BENNETT ORLOWSKI, JR. CHAIRFOkN enc. Town Hall, 53095 Main Road P.O. Box 1179 S6uthold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTItOLD June 20, 1989 Judith Terry Town Clerk Southold, NY 11971 RE: Elijah's Lane Est. Sec. II SCTM #1000-108-4- p/o 7.1 Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board on Monday, June 19, 1989. RESOLVED that the Southold Town Planning Board recommend to the Town Board that they adopt the Bond Estimate in the amount of $486,475.00 for this major subdivision. If you have any questions, please do not hesitate to contact this office. Ve truly yours C HA I R~ N eric. cc: Irwin Popkin jt $OUTHCL5 ?~ ~ PL,~ N, JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 9, 1989: RESOLVED that the Town Board of the Town of Southold hereby determines that the amount of $17,290.00 shall be deposited with the Town in lieu of land for park and playground purposes with respect to the subdivision of Elijah's Lane Estates, Section 2, located at Mattituck, New York, of which sum $100.00, being the appraisal cost, shall be deducted and payable to the General Fund, and the balance deposited in the Park and Playground Trust Account. Judith T. Terry Southold Town Clerk May 11, 1989 S¢,,UTiI(!LD ToWN /UDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 ~AX (516) 765-1823 TELEPHONE (516) 765-180! THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLO TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1988: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Lewis Edson for the purpose of conducting an appraisal of the major subdivision of Elijah's Lane Estates, Section 2, located at Mattituck, so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section A106-38E(3) of the Code of the Town of Southold, Subdivision of La nd. ¢/"~Judit'h T. Ter_r.y~/ Southold Town Clerk January 4, 1989 Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE (516) '765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 3, 1988 IrWin Popkin 875 Montauk Highway Shirley, NY 11967 RE: Elijah's Lane Estates Sections 1,2 & 3 Dear Mr. Popkin: The following action was taken by the Southold Town Planning Board on October 31, 1988. RESOLVED that the Southold Town Planning Board accept and request compliance with the Engineer's report dated October 14, 1988. If you have any questions, please do not hesitate to contact this office. enc. Sidney B. Bowne, P.E., L.S. (1922-1959) Chester C Kelsey, P.E., LS. Alexandre W. Mercil, P.E Robert A. Stanton, P.E. Robert W. Brown, L.S. George A Style, PE. Jerry D. Almont, P,E George L. Fagan, Jr, PhD, P.E. Frank Capobianco, CE Thomas R. Pynchon, L.S SIDNEY B. BOWNE & 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 NOV - 2_ SOUTHOLD TOWN PLANNING BOARD October 31, 1988 Roland Anders Roger L Cocchi Francis J Lynch Philip Schlotzhauer Joseph F Stegman Paul F Stevens William T Styne Richar0 B Weber Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Road Southold, N.Y. 11971 Re: Elijah's Lane Estates Section 2 Major Subdivision at Mattituck S.C.T.M. No. 1000-108-4-7.1 SBB No. 87126 Dear Sir: Enclosed please find a Bond Estimate for the above referenced Major Subdivision. Also attached is a copy of the LILCO Estimate for underground electric facilities. If you have any questions, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VINCENT MAR ICONDA VM:rp MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER ~m~ october 1988 ITEM 2. 3. 4. e 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. BOND ESTIMATE FOR ELIJAH'S LANE ESTATES, SECTION 2 MAJOR SUBDIVISION AT MATTITUCK TOWN OF SOUTHOLD, SUFFOLK COUNTY, N.Y. S.C.T.M. NO. 1000-108-4-7.1 DESCRIPTION UNIT QUANT ITY PR ICE Unclassified Excavation 2,920 Fill for Roadway 860 Fine Grading 6,800 Stone Blend Base Course 4" Thick 760 Asphalt Concrete Binder 2-1/2" Thick 950 Asphalt Concrete Wearing Course-1 1/2" Thick 570 Concrete Curb (Mountable) 4,300 Furnish & Install Catch Basins 11 Furnish & Install Manholes 7 Furnish and Lay Corrugated Metal Pipe - 18" Dia. 1,530 Furnish and Lay Corrugated Metal Pipe - 24" Diam. 600 Topsoil and Seed 5,340 Concrete Masonry 4 Concrete Monuments 13 Saw Cut 75 Street Lights 11 Direct Burial Cable 4,400 Cable in Conduit 50 Street Trees 128 AMOUNT C.y. 6.00 $ 17,520.00 C.y. 8.00 6,880.00 S.y. 1.50 10,200.00 c.y. 40.00 Tons 60.00 Tons 60.00 1.f. 10.00 ea. 3,500.00 ea. 3,000.00 1 .f. 30.00 1 .f. 40.00 s .y. 5.00 c .y. 300. O0 ea. 80.00 1 .f. 3.00 ea. 2,000.00 1 .f. 2.00 1 .f. 10.00 ea. 200.00 Underground Electric Facilities (As per LILCO Estimate) J o b L.S. Fire Wells as needed as per the Fire Dept. TOTAL: 5% Inspection Fee = 30,400.00 57,000.00 34,200.00 43,000.00 38,500.00 21,000.00 45,900.00 24,000.00 26,700.00 1,200.00 1,040.00 225.00 22,000.00 8,800.00 500.00 25,600.00 51,810.00 20,000.00 $4~8~,475.00 24,323.75 S/3 Sheet 1 of 1 LONG ISL/ ND LIGHTING ( DOCTORS PATH RIVERHEAD, NEW NOV-21988 SOUTHOLO TOWN PLANNING BOARD :OM YORK 11901 Direct Dial Number: September 13, 1988 Aliperti & Popkin 875 Montauk Highway Shirley, NY 11967 548-7044 Re: Reference #58687-84 Project: Elijah's Lane Estates, Sec. 2 Location: Mattituck Lot # 19 thru 37 Total Units: 19 Land Developer Gentlemen: This is in response to your request for underground electric facilities to serve the above project. Enclosed is a copy of "Exhibit A" which represents the route and extent of our proposed facilities. PAD MOUNTED ABOVE-GRADE TRANSFORMERS ARE THE COMPANY STANDARD INSTALLATION. ANY REQUEST OR MUNICIPAL REQUIREMENT FOR BF~OW-GRADE TRANSFORMERS WILL BE SUBJECT TO AN ADDITIONAL PAYMENT OF $1,125 PER TRANSFORMER PLUS SALES TAX. The following charges have been determined as your contribution toward the cost for underground: a) b) c) d) e) FREE ALLOWANCE 19 Dwelling Units X t00' = CONNECTION AND DISTRIBUTION FOOTAGE (in excess of free allowance) = CI~RGE FOR EXCESS FOOTA(;I~ (b) 1,409/ X $14.15/ft. (non-refundable) Plus 7½% Sales Tax POTENTIALLY REFUNDABLE CHARGE 19 Dwelling Units X $1415.00/Unit 1~900' 1,400' I - U.G. Installation with Pad Mounted Transformers = $19~810.00 = $ 1,485.75 = $ 26~885.00 (c + d + e) = $ 48~180.75' f) BELOW-GRADE TRANSFORMERS (If required) 3 Transformers X $1~125/Transformer $ 3,375.00 g) Plus 7~% Sales Tax = $ 253.13 II - Below-Grade Transformer Charge (f + g) = $ 3,628.13 III - U.G. Installation with Below-Grade Transformers (I + II) = $ 51;808.88. The charges quoted herein are in accordance with LILCO's currently filed tariff PSC No. 7- Electricity and will be valid only for those facilities which qnalify (as defined hereafter) for installation within 60 days of the effective date of any future tariff changes. *Please make payment by certified or cashier's check only.' FC-8689.3-SS ELIJAH'S LANE ASSOCIATES 875 MONTAUK HIGHWAY SHIRLEY, NEW YORK 11967 October 31, 1988 Mr. Bennett Orlowski ,Jr, Chairman Town Of Southold Planning Board Southold, New York 11971 Rez EliJah's Lane Section 2 SCTM # 1000-108-4-7.1 Dear Mr. Orlowskiz Please be kind enough to extend our time to file the subdi- vision map with respect to the above captioned. The Planning Board was kind enough to grant preliminary approval on April 25, 1988. To the best of my knowwledge, final maps have been submitted to the planning department and we are waiting for bond figures from the Town Engineers. Thank you in advance for your courtesies, StncJel¥, ~j/ Irwin Popki~. Sidney B. Bowne. P.E., L.S. (1922-1959) Chester C Kelsey. P.E.. kS. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. George A. Style, P.E. Jerry O. Almont, P.E. George L. Fagan, Jr., Ph.D., P.E Frank Capobianco, C.E. Thomas R. Pynchon, L,S. SIDNEY B. BOWNE & 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Road Southold, N.Y. 11971 ON OCT 171g SOUTHOLD TOWN PLANNING BOARD October 14, 1988 Re: r. Orlowski: s a follow up to our letter requesting that the developer submit Estates ~and Elijah's Lane Estates basins on Jeremiah's Lane, Section 3 watershed; and provision for 2" overflow into Jeremiah's Lane, Section 2. Drainage for Elijah's Lane Estate Section 2 and Section 3 of September 1, 1988, we are revised plans of Elijah's Lane II'showing storage in leaching for 4" runoff from the roadway the positive system in This approach, as mentioned in our previous letter, would longer require the ponding area in the northerly half of Section 3. If you have any questions, please contact this office. no Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VM :rp Roland Anders Roger L. Cocchi Francis J Lynch Philip Schlotzhauer Joseph F Stegman Paul F. Stevens William T. Styne Richard B Weber MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER Sidney B. Bowne, P.E., L.S, (1922-1959) Chester C Kelsey, PE., L.S, Alexandre W. Mercil, P.E. Robert A Stanton, P.E. Robert W Brown, L.S. George A Style, P.E. Jerry D Almont, PE. George L Fagan, Jr., Ph,D. P.E. Thomas R. Pynchon, L.S SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N,Y. 11787 (516) 724-0611 Mr. Bennett Orlowski, Jr; Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, N.Y. 11971 Re: Elijah's Lane Estates, Sections 1, 2, and 3. Roland Anders Frank Capobia~lco Roger L Cocchi Francis J Lynch Phi)ip Schlotzhauer Joseph F Stegman Paul F S(evens William T Styne Richard B Webe¢ September 1, 1988 Ill I SOUTHOLD TOWN PLANNING BOARD Dear Mr. Orlowski: We have reviewed the drainage runoff requirements for the above referenced three subdivisions. The storage capacity of the recharge basin in Section 1 is adequate for all of Section 1, Section 2, and 2" of overflow from Section 3. The initial 4" of runoff from Section 3 can be handled by leaching basins fed from curbside catch basins on Jeremiah's Lane. The developer can pipe the 2" overflow into the system on Jeremiah's Lane in Section 2. By accomplishing the above, there is no need for the ponding area presently proposed for the northerly half of Section 3. If you have any questions, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VM:rp MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 10, 1988 Irwin Popkin 875 Montauk Highway Shirley, New York 11967 Re: El~jah's Lane Estates Section 2 Dear Mr. Popkin: Enclosed please find the location of a firewell as determined by the Mattituck Fire Department in regard to the above mentioned subdivision. Please include the firewell on the final map. Ve rul¥ yours, BENNETT ORLOWSKI, JR. CHAIRMAN jd May 10, 1988 Fire C~,,,,~ ssioner Mattituck Fire Department Mautitu~k, Ne~ York ~9~ Dear Sir or Madam: At the request of the Town of Southold Planning Department I am e~closing herewith a copy of the proposed subdivision map with respect tm the above captioned. Please indicate on the enclosed map the desired locations for fire~ells and return the same to me in the stamped self-addressed envelope provided for that purpose. Thank you for your courtesies: Sincerely yours, I~N POPK/~, P.C. cc: Town of Southold Planning Dept PLAN. NI~G'~BO. ARD TOW/N OE' SOI~'~,_H, 0LD S UI?O ~K¢_COU.:NTY Southold, N.Y. 11971 (516) 765-1938 May 11, 1988 Mattituck Fire Department Mr. George Lessard Board of Fire Commissioners Pike Street Mattituck, New York 11952 Dear Mr. Lessard: Enclosed please find the final maps for Elijah's Lane, Section Two. Please review and advise as to if additional fire hydrants are necessary. Please send comments to this office by May 20, 1988. Thank you for your consideration. Please feel free to contact our office if you have any questions. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN jd T LD S~'.l~ Southold, N.Y. 11971 (516) 765-1938 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of ~ajor subdivisio-~ minor subdivision, site plan) Hamlet MATERIAL SUBMITTED: Sketch plan Preliminary map.__ Street Profiles Grading Plan Preliminary site plan Final Map ~/ File # ~P7I~G Suffolk County Tax Map No. ~O~O- IO~-~ -7.] Other Comments: '-~1~'~o (~ o. ~;z>o'~t(~ Ver~y truly yours, BENNETT ORLOWSKI, JR. , CMAIR~'IAN SOUTHOLD .TOWN PLANNING BOARD Sidney B. Bowne, P.E., L.S. (1922-1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W Brown, L.S Zabdiel A Blackman, P.E., L.S. GeorgeA Style, PE Jerry D. Almont, PE George L Fagan, Jr., Ph.D., P.E. Thomas R Pynchon, L.S. SIDNEY B, BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 Ha~ 4, 1988 Roland Anders F?ank Capobianco Roger L Cocchi Francis J Lynch Philip Schlotzhauer Joseph F Slegman Paul F Stevens William T Styne Richard B Weber Bennett Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Road Southold, N.Y. 11971 Re: Elijah's Lane Elijah's Lane Estates Section II S.C.T.M. No. 100-108-04-7.1SBB No.(87126) Gentlemen: We have reviewed the most recent submission (rev. 4-18-88}, a copy of which is enclosed, for the above referenced subdivision and find it to be in general conformance wth Town requirements. If you have any questions, please do not hesitate to con- tact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VM:dmd Encl. MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER Southold, N.Y. 11971 (516) 765-1938 April 26, 1988 Irwin Popkin 875 Montauk Highway Shirley, NY 11967 RE: Elijah's Lane Section 2 SCTM #1000-108-4-7.1 Dear Mr. Popkin: 'The following action was taken by the Southold Town Planning Board on Monday, April 25, 1988. RESOLVED that the Southold Town Planning Board grant preliminary approval on this major subdivision located at Elijah's Lane, Mattituck. Final maps must be submitted within six (6) months after Preliminary approval, unless an extension of time is granted by the Planning Board. Four of the six final maps must enclude Health Department approval (Article 6) If you have any questions, please do not hesitate to contact this office. jt Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN 8outhold, N.Y. 11971 (516) 765-1938 CONDITIONAL NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The major subdivision of Elijah's Lane Estates, is for 19 lots on 20 acres located at Elijah's Lane, Tax Map No. 1000-108-4-7.1. Section 2, Mattituck. CONDITIONS OF DECLARATION This Conditional Negative Declaration is declared for this Unlisted Action with the provision that the Suffolk County Department of Health Services' concerns about water supply are addressed satisfactorily by the applicant. REASONS SUPPORTING THIS DETERMINATION The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The Department of Environmental Conservation has made no comments in the alotted time, therefore, it is assumed that there are no comments or objections from that agency. The Suffolk County Department of Health Services has no objection to our designation of lead agency. An application has been filed with the Health Department and it is incomplete. The applicant has been notified to deepen the well and resample the water. If the deepened well still contains carbofuran above the permitted limit, then a community water system method of water supply will be required since the groundwater in the area will be considered non-potable, or potentially hazardous, as per Section 606, Paragraph 1.d , of Article 6 of the Suffolk County Sanitary Code. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Jill Thorp, Secretary Southold Town Planning Board, Main Road, Southold, New York, 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission NYS Department of Environmental Conservation Supervisor Murphy Henry Williams, DEC Commissioner Planning Board Page 31 arch 21, 1988 Mr. Ward: Move for sketch. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board;Ayes: Orlowski', Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. ****************************** Mr. Orlowski: Next we have Sal Prato - Board to discuss letter from Mr. Van Tuyl and to authorize signature of the site plan. Mr. Van Tuyl wrote, with reference to the subject, item we have oraily dicussed the situation with Merlin Wiggins of Peconic Associates stating that we have no objects to the existing procedure to his superimposing information on our survey for site plan presentation. However, we have suggested that it might take a better overall appearance to have him prepare his own site plan if necessary or prior survey. We both trust that the Prato plan will be processed as'it stands. We can of course sympathize with your position in the matter. Can I have a motion to sign this? Mr. Ward: So moved. Mr. Mullen: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board; Ayes: Orlowski, Mullen, Latham, Ward, Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Elijah's Lane, Section 2 & 3 - Ms. Scopaz: The Board has been reviewing the two applications of the two adjacent pieces of property. The Health Department in response to the Planning Board's statement that it had lead agency status has received a letter from the Health Department stating that the test wells that have been dug on the property indicated that there is an axcessible amount of Carbofuran present in the water. The level that is present there does not meet with the County Health standards. ~he applicant has been asked to dig a deeper test well. The correfpondence which we have received today, it indicates that if they can not meet, ... from the deeper wells ends up with have the same reading as the previous reading then they are going to require a community water system. Based on the information I suggest the Board .. should perhaps wait for the results of the test wells before " moving ahead with preliminary approvals of Section Two. A SEQRA determination has not been made at this point. I don't know if you have enough information to make a SEQRA determination. What I would like to suggest to you is to see the information from Page 32 ~March 21, 1988 the Health Department from the test well, which the applicant has indicated that he is in the process of providing for them. And that we keep on top of them and see what information we get. Mr. Orlowski: That is about all we can do right now. The ball is in their court. We will have to just keep an eye on it. Does the Board have any questions on it? Board: No Mr. Orlowski: Is there anyone here representing Beachwood Acres? O.K. I will go on to the new road specifications in the minor subdivision. After meeting with the Highway Committee and going over everything and arguing and hashing things out. I believe the Planning Board has one more recommendation to put before the Town Board for their blessing. This would be minimum standard road construction within a residential subdivision, so be that of a major subdivision specifications set forth in Chapter Al08 of the Town Code with the following changes: There shall be no curbs, the subgrade width shall be 22 feet, the finegrade width shall be 21 feet, the binding course shall be 20 feet and shall be composed of either A. one and a half inches of asphalt or B. double sealed coat consisting of two layers of bluestone chips penetrated with oil inaccordance with the State code. The latter option would result in road having an appearance of a gravel road f while retaining all the benefits of a solid road base. I think this answers the question of aesthetic in this second option. I believe cost wise it is not that much more, is it Dick? Mr. Ward: Probably a little less. Mr. Orlowski: Probably less! .So, all and all I think they are pretty good recommendations. I would like to send this to, I guess we will send this to Jean Cochran of the Highway Committee for her to present to the Town Board for their approval. I would like to send it over and make it in a form of a motion to do that. Mr. Latham: So moved. Mr. Ward: Second. Mr. Bruer: Would the Board appreciate a comment on the matter? Mr. Orlowski: Well, you can talk all you want. Mr. Bruer: I know we have hashed it over and I know my comments will be brief. I think, personally, and on behalf of a few clients, that this is probably one of the most significant things that is going on before the Town Government today. You people have sat°up there and spat out cost and things like that, I don't think anything has reall~ been on any particular record nor has anybody really had an oppertunity to rebut you with respect to cost and stuff like that. Normally I wouldn't make a comment, but personally I think that this is such of great DEPARTMENT OF HEALTH SERVICES TO: COUNTY OF SUFFOLK Patrick G. Halpin SUFFOLK COUNTY E:XE:CUTIV£ Mr. Bennett 0rlowski, Jr., Chairman Southold Town Planning Board 53095 Main Road S0uth01d, New York 11971 DATE: March 17, 1988 DAVID HARRIS, M.D.. M.P.H. RE: Elijah's Lane Estates, Section 2 S.C.T.M.: #1000-108-4-p/o 7.1 Dear Mr. 0rlowski: recieved a Town of Southold telephone request on We ~X~XX~i~X~your X&~X~Fa~X~ March 16, 1988 above referenced project. concerning the This Department has no objection to your designation of lead agency status. Insufficient information is available for technical comments. There is no record of an application to this Department. [] A more accurate project location is needed. (Suffolk County Tax Map No.) This Department has received an application and it is: [] Complete [] Incomplete [] Other: It appears that the project can be served Sewage Disposal S~;stem [] Sewer System and Treatment Works [] Subsurface Sewage Disposal System(s) ] Other: WWM- 067 COUNTY ,,V~a. EA~.~.~.,,~O, (OVER) (516) 548-3312 (cont'd) Water Supply System A Public Water Supply System Individual Water Supply System(s Other: See be]ow Comments: The Health Department's primary environmental concern pertaining to development is that the applicant comply with the requirements of the Suffolk County Sanitary Code especially Articles V and VI, and relevant construction standards for water supply and sanitary sewage disposal. These considerations are to be reviewed completely at the time of application. Full considera- tion in placement of water supply wells and disposal systems is given to State and Town wetland requirements. The Health Depart- ment maintains jurisdiction over final location of disposal and well systems and the applicant should not undertake to construct any water supply or disposal system without Health Department approval. Other portions of the Suffolk County Sanitary Code also apply to commercial development such as Articles VII and XII. The Lead Agency is requested to forward a copy of this form to the applicant with its findings. An application for Section 2 of Elijah's Lane Estates has been received by this department and it is incomplete. Test well number 3 on lot 26 contained 15ug/1 of the pesticides carbofuran. The applicant has been notified to deepen the well and resample. If the deepened well still contains carbofuran above the permitted limit, then a community water system method of water supply will be required since the groundwater in the area is considered non-potable, or potentially hazardous, as per Section 606, Paragraph 1.d, of Article 6 of the Suffolk County Sanitary Code. Further comment may be provided upon completion of the application review. Name Robert J. ~rmer Phone 548-3005 18-1309.1/86 Sidney B. Bowne, P.E.. L.S. (1922-1959) Chester C Kelsey, P.E., kS. Alexandre W. Mercil, P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. George A. Style, P.E Jerry D Almont, PE George L Fagan, Jr., Ph.D., P.E. Thomas R Pynchon, kS. SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 March 24, 1988 Roland Anders Frank Capobianco Roger L Cocchi Francis J Lynch Philip SchIotzhausr Joseph F. Stegman Paul F Stevens William T Styne Richard S Weber Bennett Orflowski, Jr., Chairman Town of Southold Planning Board 53095Main Road Southod, N.Y. 11971 Re: Elijah's Lane Estates Section II - Suffolk Co. Tax Map No. District 1000, Section 108, Block 04, Lot 7.1SBB No. 87126 Gentlemen: We have reviewed the submission (dated November, 1988) for the above referenced subdivision and have the following comments: The drainage computations accompanying the plan do not provide a minimum scouring velocity of 2 ft./sec. We have informed the Engineers, Burton & Hard, of the above and they will revise their design accordingly. 2. The remaining issues raised in our letter of Sept. 21, 1987 have been addressed satifactorily. If you have any questions regarding the above, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VINCENT MARICONDA VM:dmd MINEOLA · SMITHTOWN · NEW YORKCITY · CLEARWATER SLaY Southold, N.Y. 11971 (516) 765-1938 February 24, 1988 Irwin Popkin, Esq. 875 Montauk Highway Shirley, NY 11967 RE: Elijah's Lane Estates Section 2 Dear Mr. Popkin: The following action was taken by the Southold Town Planning Board, Monday, February 22, 1988. RESOLVED that the Southold Town Planning Board declare themselves lead agency for the major subdivision .of Elijah's Lane Estates, Section 2. This proposal is for 19 lots on 20 acres located at Elijah's Lane, Mattituck. SCTM# 1000-108-4-7.1. If you have any questions, please don't hesitate to contact our office. jt Very truly yours, BENNETT ORLOWSKI, J~. ~HAIRMAN SOUTHOLD TOWN PLANNING BOARD Southold, N.Y. 11971 (516) 765-1938 February 23, 1988 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 of Elijah's Lane Estates, Section 2 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 March 9, 1988~. 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. We Very truly yours, __ , BENNETT. ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. cc: Department of Health Services TO~D SLaY Southold, N.Y. 11971 (516) 765-1938 February 22, 1988 The Southold Town Planning Board'held a regular meeting on Monday, February 22, 1988 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold. PRESENT WERE: Chairman Bennett Orlowski,Jr. Member G. Ritchie Latham,Jr. Member Richard G. Ward Town Planner Valerie Scopaz Planner Melisa Spiro · Secretary Jill Thorp ABSENT: Member William Mullen,Jr. Member Kenneth Edwards 7:30 p.m. Public Hearing on the question of preliminary approval of the major subdivision of Elijah'.s Lane, Section 2. This proposal is for 19 lots on 20 acres located at Elijah's Lane, Mattituck. SCTM # 1000-108-4-7.1. Mr. Orlowski: Are there any objections to this major subdivision? Hearing none are there any endorsements on this major subdivisions? Mr. Popkin: Mr. Chairman my name is Irwin Popkin, I am one of the owners of the property, with me is Charles Behrendt of Burton, Hand, Behrendt, and Smith, the Engineer's who were kind enough to draw the map for us. At the out set I'd like to say is that in our opinion the map meets all of the zoning requirements and as you may recall this map had preliminary approval back in 1974. This Board is being asked again to grant preliminary approval to the map. If there are any questions we will be happy to answer them. Thank You. Mr. Orlowski: Are there any other endorsements of this major subdivision? Hearing qone, is there any one out there that is neither pro nor con but may have any iBformation that is of interest to the Board? Any questions from the Board? Mr. Latham? ~° Planning Board 2/22/88 Mr. Latham: No. Mr. Ward? Mr. Ward: NO. Ms. Scopaz? Ms. Scopaz: No, I just want to mention that the applicant has revised the proposed road layout and the grading and drainage that has been set by the Town Engineers. So he's made every effort to comply with the Planning Board request for changes. What we are doing here is standard procedure. Mr. Orlowski: O.K., being no further questions I will declare this hearing closed and thank you for coming. Mr. Orlowski: Board to set Monday, March 7, 1988, at Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board meeting. Mr. Ward: So moved. Mr. Latham: Seconded. Mr. Orlowski: Motion made and seconded and questions on the motion? All those in favor? RESOLVED that the Southold Town Planning Board set Monday, March 7, 1988 at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board meeting. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Also at this time we can set the meeting for the 21st if that is O.K. Mr. Ward: So moved. Mr. Latham: Seconded. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? RESOLVED that the Southold Town Board set the Monday, March 21, 1988 at the Southold Town Hall, Main Road, Southold as the time and place for a regular meeting. Vote of the Board; Ayes: Orlowski, Latham, Ward. Mr. Orlowski: Opposed? So ordered. -..~: SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES WASTEWATER MANAGEMENT SECTION SUFFOLK COUNTY CENTER RIVERHEAD, NEH YORK 11901 NOTICE OF INCOMPLETE APPLICATION - SUBDIVISION Your preliminary/final plan submission for the below referenced subdivision or development has f.? will require the following for further review:. reliminarj Su~t~on ~Stgned Applications (en~Josed) -~,023~(A~l'i6attoh) ~-024 ([AF)~ 'P~per Prthts~ OTopogra~hic-~r~e~ ...... ~Test Holes Located and Wi[nessed By: (~SCOHS',~n~pecto,. Call 548-3~12 for appt. ~P.E./L.S. as p~r locatlo~ instructions. ~Othe~ , ~Test Well ~Located & sampled by representative of this office. Call 348-~895 for appointment.~ (Test'well does not indtcatea waiver of reouirement for connection to.public water). ~Other,~ , ' ' '' ~Publtc'water availability and cost letter from local water district. ~Publ~c-water contract or cov~enan~for extens on of ~ublic water, ~Public sewer availability letter from local se~r district. Final Submission /~.Show on Final Maps: FlTest hOle,locations/details E]Testwell'locations/details r'lSewer line, locations/details, stamped and'approvpd by ,local sewer district · ~l~Sewage disposal' locat'ions/d~etalls for /2_typical lot Water main loca[tons/detal) s ' ~ ~P.E.'s/L.S.'s signature and seal [] The ,following is required prior to continuing review: , ~ BoaPd of Reiiet'~ determ, tnatlon letter. D Non-compliance notice enclosed. F1Wetlands permit or determination lette~. . OSEQRA determinat,ion lette~' from Town/State. ~Filing!~fee check of, $4.50 per lot at time of submission. ~Covenants: For Approval Recorded Copy Instructions enclosed ..... 1- - t " - '" ' ~D~TI~L IN~TI~Y BE REqUI~D PRIOR TO FI~L.~PROVAL, PL~SE ~ A COPY OF THIS FO~ ~ITH "Elijah~s Lane Estates_? Seq~o.n_Twg'~' degree~ 30'50" West 197.78 f~l; (2) North 36 degrees 32'50" West 162.95 feet; (3)North 37 degrees 36'50" west 297.64 feet; (4) North 37 degt~s 02 '50" West 566.37 feet; (5) North 38 degrees 31'50" West 180.63 f~t to a point in the southedy line of land of ~?.lij ah's Lane Estates; thence easterly. follows: nomt~dy, again easterly, nordiwe~t- BEGENN/~G at die~ ~ lh~, : edy;4~in:nortberly and a£ain east northerly line ' , '$ s ..~, - whic' ' ; . '~1~'~ g~l.3 ~ the land of Elijah s Lane and ~is~tan~lS~lll~ fell°wing cou~e, and,dis: ~ermmus o~ ta age ~ a ~il~e eotlll~a: .... l~as{2~ 60g ---No · · e~4 I;g) tth 37 d~grees mg the nonbofly ti~ ~ Rad/~',ff Road with the weStaliylil~ ofl~ijah,I 40'40" W~4.54 fee~4 (3) North 51 ~g~ 21'i'0~ Bast 75,42 feet; (4) on Lane: (1) on a curve ~ tim right widi a a curv~ to Ih~ rlght with a adiua of ndius of 25.00 feet for · ~ ~ i~ .~,~tm~..., t...~.= ......... , ~g2~. ~ng~~ala ',~:' ' 258.89 f~'lo ~ p~ii~ die easterly division map entitled ~..l~a. 's Lane 'Elijah's Lane .Estates, Section 1 "; Estates. Section 1' £lled ~6 tim off'~e thence South 38 del~m~ 14'50" East of the Clerk of Suffolk C~nty. as file along the said easteflyline of a portion number 6065; thence westerly, nomh- westedy and again westerly along a p~ ,rtinn of land in the said realty subdi- ~l~ll entitled "Elijah's Lane Estates, Section 1" the following courses and distances: (1) South 51 degrees 21'I0" West 169.19 feet; (2) c~ a cur~e to the fight with a radius of 75.00 feet for distance of 92.32 fe~4 (3) South 51 degrees 21'10" W~st 276.57 feet to a point in the easterly line of land of Agnes Grahowski; thence northerly along the land, of Agnes Grabowski the following courses and distance, s: (1) No~h 38 of land '.m. the said malty subdivision e~tisled Elijah's Lane Estates, See- uon 1" 1615,93 fe~t to die point or place of beginning. Containing 20.3 acres more or less. Any pemon designg to be beard on the above maUer should appear at the time and place above specified. Dated: Febma~ 9, 1988. BY ORDER OF THE SOUI'HOLD TOWN PLANNING BOARD, BENNETt ORLOWSKI, CHAIRMAN 5830-1TFI 1 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Christina Contento of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~n~ weeks successively, commencing on the 3 [ dayof February 1988 Principal Clerk Sworn to t~e.f_qre ms this ~__ day of "~fff..t.~ 19/~:>~}) - - M~RY K. OEGN~N LEGAL NOrFICE Notice of Public Hearing NOTICE IS HERESY G~V- EN that pursuant to Sectioff 2'76 of the Town Law, public hear- ings will be held by the Southold Town Planning Board, at the Town Hail, Main Road, Southold, New York, in said Town on the 22nd day of February, 1988 on the question of the following: 7:30 p.m. Plat of property en- titled "Elijah's Lane E~t~tas, Section Two" consisting of a parcel of land ~ituated at Mat- tituck in the Town of Southold, County o.f Suffolk and State of New York, and bounded and described as follows: BEGINNING at a,point on the northerly line of Rachael's Road, which point is the follow- ing courses and distances from the northeasterly terminus of an arc of a curk, e connecting the northerly line of RachacI's Road with the westerly fine of Elijah's Lane: (1) on a curve to the right wRb a radius of 25.00 :feet for a distance of 39.27 feet; (2) South 51" 21' 10" West 244.62 feet, and running thence South 38° 38' 50.~ E~st along the weste[ly ter- minus of Rachael's Road 50.00 feet to a point in the northerly line of a portion of land shown and designated on a realty sub- dik'ision map entitled "Elijah's . Laoe Estates, Section 1,' filed in the Office of the Clerk of Suf- ':folk County as fil~ number 6065; thence, westerly, nor- thwe~terly and again westerly along a portion of land in the said realty subdivisi6h entitled "Elijah's Lane Estates, Section 1" the foll6w[ng co~arses and distances: (1) South 51~ 21' 10' West 169.19 feet; (2) on a curve to the right: with a radius of 5.00 feet for distance of 92 32 feet; (3~ ,~6uth $]~ 21' 10~ West .276.57 fe~t to a point in the easterly line of land of Agnes Grabowski; thence northerly along the land of Agnes Gmbowsi the following courses and distances: (1) North 38 o 30' .50~ West 197.78 feet; (2) North' 36° 32' $0' West 162.~5 feet; (3) North 37° 36' $0~ West 297.64 feet; (4) North 37° 02' 50' West 566.37 feet; ~5) North $~? 31' $0' West 180.63 feet to a point in the southerly line of land of Elijah's Lane Estates; thence easterly, no~herly, again easter- ly, northweste~y, again norther- ly and again easterly along the land of Elljah's Lane Estates the following courses and distances: (1) North 52° ~lO' 20" East ~.67.60 feet; (2) North 37° 40' 40" West 54.54 feet; (3) North 51° 21' 10' East 75.42 feet; (4) on a curve to the right with a radius of 25.00 feet for a distance of 39.69 feet; (5) on a curve to the left with a radius of 1957.49 feet for a distance of 139.94 feet; (6) North 52° 19' 20" East 258.89 feet to a point in the easterly line of a portion of land in the aforesaid r~aity ~g~Odivision entitled "Elijah's Lane Estates, Section 1"; thence South 38° 14' 50~ East along the said easterly line of a portion of land in the said realty subdivi- sion entitled "Elijah's Lane Estates, Section 1" 1615.93 feet to the point or place of beginning. '~ Containing 2." .t acres more or less. ~'~- Any person deslrlnb o,~[~. heard on the above matter should appear.at the time and place above specified. Dated: February 9, 1988 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR. CHAIRMAN IT-2/I 1/.88(12) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... /. .... weeks successively, commencing on the // ~' day~..., ] 9 ,~, .~., Sworn to before me this .......... Z.~. ......day of ...... ..... Notary Public BARBARA FORBES I4'o~ary Publ,te, 8tare or' New York No. 48S6~46 Qlm]ified in Suffolk County Commission Expires ~ J / 19 c~f LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York, in said Town on the 22nd of February, on the question of the following: 7:30p.m. Plat of property entitled "Elijah's Lane Estates, Section Two" consisting of a parcel of land situated at Mattituck in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at the point on the northerly line of Rachael's Road, which point is the following courses and aistances from the northeasterly terminus of an arc of a curve connecting the northerly line of Rachael's Road with the westerly line of Elijah's Lane: (1) on a curve to the right with a radius of 25.00 feet for a distance of 39.27 feet; (2) South 51 degrees 21' 10" West 244.62 feet, and running thence South 38 degrees 38'50" East along the westerly terminus of Rachael's Road 50.00 feet to a point in the northerly line of a portion of land shown and designated on a realty subdivision map entitled "Elijah's Lane Estates, Section 1" filed in the office of the Clerk of Suffolk County as file number 6065; thence westerly, northwesterly and again westerly along a portion of land in the said realty subdivision entitled "Elijah's Lane Estates, Section 1" the following courses and distances: (1) South 51 degrees 21'10" West 169.19 feet; (2) on a curve to the right with a radius of 75.00 feet for distance of 92.32 feet; (3) South 51 degrees 21'10" West 276.57 feet to a point in the easterly line of land of Agnes Grabowski; thence northerly along the land of Agnes Grabowski the following courses and distances: (1) North 38 degrees 30'50" West 197.78 feet; (2) North 36 degrees 32'50" West 162.95 feet; (3) North 37 degrees 36'50" west 297.64 feet; (4) North 37 degrees 02' 50" West 566.37 feet; (5) North 38 degrees 31'50" West 180.63 feet to a point in the southerly line of land of Elijah's Lane Estates; thence easterly, northerly, again easterly, northwesterly, again northerly and again easterly along the land of Elijah's Lane Estates the following courses and distances: (1) North 52 degrees 19' 20" East 267.60 feet; (2) North 37 degrees 40'40" West 54.54 feet; (3) North 51 degrees 21' 10" East 75.42 feet; (4) on a curve to the right with a radius of 25.00 feet for a PAGE 2 - PUBLIC HEARING FOR ELIJAH'S LANE ESTATES - SECTION II distance of 39.69 feet; (5) on a curve to the left with a radius of 1957.49 feet for a distance of 139.94 feet; (6) North 52 degrees 19'20" East 258.89 feet to a point in the easterly line of a portion of land in the aforesaid realty subdivision entitled "Etijah's Lane Estates, Section 1"; thence South 38 degrees 14'50" East along the said easterly line of a portion of land in the said realty subdivision entitled "Etijah's Lane Estates, Section 1" 1615.93 feet to the point or place of beginning. Containing 20.3 acres more or less. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: February 9, 1988. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN Please publish one time on Thursday, February 11, 1988 and forward one affidavit of publication to the Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to: Suffolk Times LI Traveler Watchman Supervisor Murphy LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York, in said Town on the 22nd of February, on the question of the following: 7:30p.m. Plat of property entitled "Eli~ah's Lane Estates, Section, Two" consisting of a parcel of land situated at Mattituck in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at the point on the northerly line of Rachael's Road, which point is the following courses and distances from the northeasterly terminus of an arc of a curve connecting the northerly line of Rachael's Road with the westerly line of Elijah's Lane: (1) on a curve to the right with a radius of 25.00 feet for a distance of 39.27 feet; (2) South 51 degrees 21' 10" West 244.62 feet, and running thence South 38 degrees 38'50" East along the westerly terminus of Rachael's Road 50.00 feet to a point in the northerly line of a portion of land shown and designated on a realty subdivision map entitled "Elijah's Lane Estates, Section 1" filed in the office of the Clerk of Suffolk County as file number 6065; thence westerly, northwesterly and again westerly along a portion of land in the said realty subdivision entitled "Elijah's Lane Estates, Section 1" the following courses and distances: (1) South 51 degrees 21'10" West 169.19 feet; (2) on a curve to the right with a radius of 75.00 feet for distance of 92.32 feet; (3) South 51 degrees 21'10" West 276.57 feet to a point in the easterly line of land of Agnes Grabowski; thence northerly along the land of Agnes Grabowski the following courses and distances: (1) North 38 degrees 30'50" West 197.78 feet; (2) North 36 degrees 32'50" West 162.95 feet; (3) North 37 degrees 36'50" west 297.64 feet; (4) North 37 degrees 02' 50" West 566.37 feet; (5) North 38 degrees 31'50" West 180.63 feet to a point in the southerly line of land of Elijah's Lane Estates; thence easterly, northerly, again easterly, northwesterly, again northerly . and again easterly along the land of Elijah's Lane Estates the following courses and distances: (1) North 52 degrees 19' 20" East 267.60 feet; (2) North 37 degrees 40'40" West 54.54 feet; (3) North 51 degrees 21' 10" East 75.42 feet; (4) on a curve to the right with a radius of 25.00 feet for a PAGE 2 - PUBLIC HEARING FOR ELIJAH'S LANE ESTATES - SECTION II distance of 39.69 feet; (5) on a curve to the left with a radius of 1957.49 feet for a distance of 139.94 feet; (6) North 52 degrees 19'20" East 258.89 feet to a point in the easterly line of a portion of land in the aforesaid realty subdivision entitled "Elijah's Lane Estates, Section 1"; thence South 38 degrees 14'50" East along the said easterly line of a portion of land in the said realty subdivision entitled "Etijah's Lane Estates, Section 1" 1615.93 feet to the point or place of beginning. Containing 20.3 acres more or less. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: February 9, 1988. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN Please publish one time on Thursday, February i1, 1988 and forward one affidavit of publication to the Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to: Suffolk Times LI Traveler Watchman Supervisor Murphy LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York, in said Town on the 22nd of February, on the question of the following: 7:30p.m. Plat of property entitled "Elijah's Lane Estates, Section Two" consisting of a parcel of land situated at Mattituck in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at the point on the northerly line of Rachael's Road, which point is the following courses and distances from the northeasterly terminus of an arc of a curve connecting the northerly line of Rachael's Road with the westerly line of Elijah's Lane: (1) on a curve to the right with a radius of 25.00 feet for a distance of 39.27 feet; (2) South 51 degrees 21' 10" West 244.62 feet, and running thence South 38 degrees 38'50" East along the westerly terminus of Rachael's Road 50.00 feet to a point in the northerly line of a portion of land shown and designated on a realty subdivision map entitled "Elijah's Lane Estates, Section 1" filed in the office of the Clerk of Suffolk County as file number 6065; thence westerly, northwesterly and again westerly along a portion of land in the said realty subdivision entitled "Elijah's Lane Estates, Section 1" the following courses and distances: (1) South 51 degrees 21'10" West 169.19 feet; (2) on a curve to the right with a radius of 75.00 feet for distance of 92.32 feet; (3) South 51 degrees 21'10" West 276.57 feet to a point in the easterly line of land of Agnes Grabowski; thence northerly along the land of Agnes Grabowski the following courses and distances: (1) North 38 degrees 30'50" West 197.78 feet; (2) North 36 degrees 32'50" West 162.95 feet; (3) North 37 degrees 36'50" west 297.64 feet; (4) North 37 degrees 02' 50" West 566.37 feet; (5) North 38 degrees 31'50" West 180.63 feet to a point in the southerly line of land of Elijah's Lane Estates; thence easterly, northerly, again easterly, northwesterly, again northerly ~ and again easterly along the land of Elijah's Lane Estates the following courses and distances: (1) North 52 degrees 19' 20" East 267.60 feet; (2) North 37 degrees 40'40" West 54.54 feet; (3) North 51 degrees 21' 10" East 75.42 feet; (4) on a curve to the right with a radius of 25.00 feet for a PAGE 2 - PUBLIC HEARING FOR ELIJAH'S LANE ESTATES - SECTION II distance of 39.69 feet; (5) on a curve to the left with a radius of 1957.49 feet for a distance of 139.94 feet; (6) North 52 degrees 19'20" East 258.89 feet to a point in the easterly line of a portion of land in the aforesaid realty subdivision entitled "Elijah's Lane Estates, Section 1"; thence South 38 degrees 14'50" East along the said easterly line of a portion of land in the said realty subdivision entitled "Etijah's Lane Estates, Section 1" 1615.93 feet to the point or place of beginning. Containing 20.3 acres more or less. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: February 9, 1988. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR. CHAIRMAN Please publish one time on Thursday, February 11, 1988 and forward one affidavit of publication to the Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to: Suffolk Times LI Traveler Watchman Supervisor Murphy Southold, N.Y. 11971 (516) 765-1938 January 22, 1988 Mr. Raymond L. Jacobs Highway Superintendent Peconic Lane Peconic, NY 11958 Re: Elijah's Lane Estates Section II Dear Mr. Jacobs: Our records do not show that we have received any comments from you on the above mentioned subdivision. Please see the enclosed letter from June 25, 1987, and advise us if all is in order or of any reconm~endations you may have. 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 Melissa Spiro, Planner DEPARTMENT OF PLANNING C~LJNTY OF SUFFOLK MICHAEL A. LO(~RANDE SUFFOLK COUNTY EXECUTIVE LEE E, KOPPELMAN DIRECTOR OF PLANNING December 8, 1987 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Dear Mr. Orlowski: Proposed Map - Elijah's Lane Estates Section Two n/s of Rachaels Road 270' w/of Elijah's Lane, Mattituck, New York The staff has examined the proposed subdivision map entitled,"Map of Elijah's Lane Estates, Section Two", bearing the stamped date of March 21, 1987. Comparing this map with the one that was previously referred to the Co~mission on August 8, 1975 the staff did not find any substantial difference between the two maps. It is the policy of the Con~nission not to review any map that it has previously considered and for which a report was made unless: 1. There has been a material change in any of the design elements; 2. There has been a change in any law affecting the subdivision of land; or 3. There has been a change in county, state, or federal developmental policies. Since there have not been any changes in the map, or in the laws affecting the map, nor have there been any changes in county, state, or federal developmental policies, this map will not be reviewed again. A copy of the previous report (September 4, 1975) is enclosed. Very truly yours, File: S-SD-75-11.2 CGL:mb Enclosed: Report VETERANS MEMORIAL HIGHWAY HAUPPAUOE. L,I., NEW YORK 11788 (516i360-5192 Lee E. Koppelman Director of Planning Charles G. Lind, Subdivision Review Division ,..~_,E, ~ L ~Y DAlE Southold, N.Y. 11971 (§16) 765-1938 MEMORANDUM TO: Ray Jacobs, Superintendent of Highways FROM: Southold Town Planning Board RE: Elijah's Lane Estates, Section 2 DATE: November 25, 1987 Enclosed is road and drainage plans and calculations for the preliminary map of Elijah's Lane Estate's, Section 2. May we please have any comments with regard to this. This proposal was grandfathered under one acre zoning. PLX~NNING~BOARD T 0 ,~.~5/ OE'SOU~HOLD S U]~FO LK'~£O ~.NyY Southold, N.Y. 11971 (516) 765-1938 Subdivision Review Section Suffolk County Department of Planning H. Lee Dennison Executive Office Building - t2th Flr. Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: · Me are hereby submitting the preliminary subdivision.map of ~'~'~ [~5~ ~q-gc~!%e~6%9~ located in to you for your comments. This proposed subdivision when in proposed final plat stage will be referred to the Suffolk County Planning Commission pursuant to Sec- tion 1333, Article XIII of the Suffolk County Charter. We, therefore, acknowledge that the comments made by the staff of the Planning De- partment on the preliminary subdivision map are advisory only and do not constitute a review by the Suffolk County Planning Commission nor are comments made by the staff binding upon the Commission in its re- view of this proposed subdivision. Tax Parcel Identifier Number: ~C~ I0~::, ~ ~ Materials submitted: Preliminary Map (3 copies) X .; Topographic Map (1 copy) Drainage Plan (1 copy) ~ ; Street Profiles (1 copy) Proposed Grading Plan (1 copy) Other materials (specify and give number of copies) Comments: RiO '~L~'~'~ViC~.E~"% ¢..~,~ O('r(~'-~F_.,r~ O~ Very truly yours, Bennett Orlowski, Jr., Chairman Southold Town Planning Board BURTON HAND BEHRENDT SMITH 1987 NOV 244 EAST MAIN STREET PATCHOGUE, NEW YORK 11772 [516] 475-0349, 567-6300 ENGINEERS ARCHITECTS SURVEYORS Town of Southold Planning Board Town Hall P.O. Box 728 Southold, NY Gentlemen: 11971 November 9, 1987 DONALD M. HAND, P.E. CHARLES G. BURTON, L.S. JAMES B. BEHRENDT, US. ROGER P, SMITH, R.A. Re: Section 2, Mattituck Our File No. 87-162 /~'~ ~. Attached please find six copies each of the following: 1. Revised drainage and road grades. 2. Final plat. 3. Drainage calculations. The revisions have been made in accordance with the critique prepared by Sidney B. Bowne and Son dated September 21, 1987, which was forwarded to us recently. We have been able to incorporate into the work all of the items which were spelled out except for No. 4. The original submission of Rachaels Road in Section One called for a road to be built in the proposed grades we are now showing. The road was built leaving the drainage and the end of the road in a hole. For us to grade and create a swale would require that we go on propoerty in Section One which we do not own and is currently occupied. We have, therefore, left the area on the existing plot as it was constructed. We have placed a field drain in the plot adjacent on our map. It is my opinion that any overflow from the road will eventually wind up in our field drain. Very truly yours, ~o. Donald M. Hand, P.E. DMH:mp Attachments cc I. Popkin Septe_mber &, 1975 _ l~r. John 14i~kham, Chair--an Town of Southold Planning Eoard Southold~ .,':c~: ~ork 11971 Map of Eli~ah's Lane Estates, Section Two, North side of Rachael'a Road; 270' west of Eli]ahs Lane,. I~ttituck -Th~Suffolk Cgunty Planning Co~.tsslon at its regula?-meeting September-3, 1975, rcv]¢wed th~ aSove captioned proposed suSdivisloq plat referred to it pursuant to Sectio~ 1333, Suffolk COUnty Charter. ~fter due stndy and delib- oration, it did take the foIl~ng action: . _ - TP.e !~p of .51i]ah's Lane Estatem, Section ~{6, as subnttted, wam approved for lcc~l-daterminatlon. V~?y tr~!y xcura,- Lee g. K~ppe!rzn _ Director of Planning CGLrfp Encl~ ~p cc: L. Albertson; County Clerk File~ S-$D-~5-11 by '_Charles G.-Lind - Chief Planner - Subdivision ~evtew Section SLaY Southold, N.Y. 11971 (516) 765-1988 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of (Major subdivision, minor subdivision, site plan) Hamlet ~/~YT~A~ MATERIAL SUBMITTED: File # Suffolk County Tax Sketch plan ~ Preliminary map X ~.~ Street Profiles ~.~ Grading Plan X .~ Preliminary site plan__ Final Map Other Very truly yours, BENNETT ORLOWSKI, JR.,CHAbfRMAN SOUTHOLD TOWN PLANNING BOARD :~,~ I' ~o.w't~0 .~, ~s"l.o~ ,.ot'° I I 1.o: t~~.~ I -. · CONSULT YOUR LAWYER BEFORE ~ING THIS INSTRUMENT-THIS INSTRUMEN~OULD RE USED BY LJ, WYERS ONLY. /" THIS INDF. NTURF~ made the 2 ~7~day of . lgay , nineteen hundred and eighty SHIRLEY SALAND, South Pasadena, BETWEF~ residing at 1507 Rollin Street, California 91030 ~.?rR~CT SEC'~!O'~ ~'~LOtK tOT ~ =~r of and devisee ~der ~ ~ ~1 ~d t~t of JOSEPH S~D ,hte of Mattituck, To~ of Southold, Suffolk Co~ty, New York, who ~ ~ ~e 16th ~y of Dece~er , ninet~ hun~ ~d seventy-seven ~ ~ ~ first ~ ~d TO~ OF SOU~OLD, a mmicipal corporation having its principal place of business at (no n~ber) Southold, T~ of Southold, Suffolk Co~ty, New York, ~/~ ~ ,/ ~rty of the second part, ~'rrNF_,..q~Kl Pi, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk County, New York on December 28, 1977 and by virtue of the power and authority given in and by said la.st will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of ONE ( $1.0 0) ................................................... doHars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distn"outees or successors and assigns o{ the party of the second partforever, for highway and drainage purposes, A'-'- ~S~tain plot~piee~or parcelSo{ land, _ '_' . .' ...... . .. ~_ .situate, I~ngandbelng~ at Mattituck, Town of Soutbola, ~UZIOAK uoungy, mew York, bounded and described as set forth in Schedule A, annexed hereto. 18i44 ,d:'. REAE ESTATE ~ 23 19~ ~. iIRANSFER ,:,,r.:, SUFFOLK '" COUNTY___--- IVI oigl tki.elak I o1' 1o Io11 d olololo DISTRICT SECTION BLOCK LOT I o1,,7 JAN ~,k of $!,floik County lSTR r 000 08.00 ,LOCK ~4.00 .OT 07.00~ SCHEDULE A ALL those certain pieces or parcels of land situate at Hatti- tuck, Town of Southold, Suffolk County, New York, as shown on "Map of Elijah's Lane Estate, Section One," filed in the Suffolk County Clerk's Office on February 14, 1974, as Map No. 6065, bounded and described as follows: PARCEL 1 - Tabor Road BEGINNING at a point on the westerly side of Elijah's Lane which is distant South 38° 38' 50" East, 1497.62 feet from the monument set on the westerly side of Elijah's Lane at its inter- section with the southerly side of the Long Island Railroad right- of-way; running thence from said point of beginning South 38° 38' 50" East 100.00 feet along the westerly line of Elijah's Lane to a monument; running thence on a curve to the left, with a radius of 25.00 feet, a distance of 39.27 feet along Lot 9, as shown on said map, to a monument; running thence South 51° 21' 10" West 234.80 feet along said Lot 9 to a point; running thence North 38° 14' 50" West 50.00 feet along land now or formerly of Zanieski Farms, Ine. to a point; running thence North 51~ 21' 10" East 234.46 feet along Lot 10, as shown on said map, to a point; and running thence on a curve to the left, with a radius of 25.00 feet, a distance of 39.27 feet along said Lot 10 to a point on the westerly side of Elijah's Lane, the point or place of BEGINNING. TOGETHER with an easement over the northwesterly 2,500 square feet of said Lot 9, being 100 feet on the north and south, and 25 feet on the east and west. TOGETHER with an easement over the southwesterly 2,500 square feet of said Lot 10, being 100 feet on the north and south and 25 feet on the east and west. PARCEL 2 - Rachael's Road BEGINNING at a point on the westeriy side of EliJah's Lane, which is distant South 38~ 38' 50" East 2952.62 feet from the mon- ument set on the westerly side of Elijah's Lane at its intersec- tion with the southerly side of Long Island Railroad right-of-way, running thence from said point of beginning South 38~ 38' 50" East 100.00 feet along the westerly line of Elijah's Lane to a monu- ment; running thence on a curve to the left, with a radius of 25 feet, a distance of 39.27 feet along Lot 1, as shown on said map, to a monument; running thence South 51~ 21' 10" West 320.00 feet along said Lot 1 and the Park and Recreation Area as shown on said Map to a point; running thence North 38° 38' 50" West, 50.00 feet along land now or formerly of Zanieski Farms, Inc. to a point; running thence North 51~ 21' 10" East 75.38 feet along land now or formerly of Zanieski Farms, Inc. to a point; running thence North 51~ 21' 10" East 244.62 feet along Lot 2, as shown on said map, to a point, and running thence on a curve to the left, with a radius of 25 feet, a distance of 39.27 feet along said Lot 2 to a point on the westerly side of Elijah's Lane, the point or place of BE- GINNING. TOGETHER with an easement over the northeasterly 5,000 square feet of the parcel on said map marked "Park and Recreation", being 100 feet on the north and south and 50 feet on the east and west. PARCEL 3 - Recharge Basin BEGINNING at a point on the westerly side of EliJah's Lane which is distant South 38~ 38' 50" East 2186.62 feet from the mon- ument set on the westerly side of Elijah's Lane at its intersec- tion with southerly side of the Long Island Railroad right-of-way; running thence from said point of beginning South 38~ 38' 50" East 190.00 feet to a point; running' thence South 51~ 21' 10" West 265.42 feet along Lot 5, as shown on said map, to a point; running thence North 38° 14' 5~'. West 190.01 feet along land now or for- merly of Zanieski Farms, Inc. to a point; a~d running thence North 51~ 21'.10" Past 264.09 feet along Lot 6, as shown on said map, to a point on the westerly side of EliJah's Lane, the point or place of BEGINNING. JAN 2~ 19~}1 ARTHUR J. FELIC£ U~rk of .~uflolk County SLaY Southold, N.Y. 11971 (516) 765-1938 October 2, 1987 Irwin Popkin, Esq. 875 Montauk Highway Shirley, NY 11967 Elijah's Lane Estates Section 2 Dear Mr. Popkin: Enclosed is a copy of mentioned subdivision. the engineering report on the above The Planning Board has reviewed this report and requests compliance with same. Therefore, would you please submit a revised layout of the subdivision in compliance with the recommendations of the engineering firm. When the layout has been prepared, may we please have twelve prints submitted to the Planning Board office. Very truly yours, OWSKI, JR, CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Dms enc. (1922-1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercil, P.E. Robert A, Stanton~ P.E. Robert W. Brown, L,S. George A. Style, P.E. Jerry D. Almont, PE George L. Fagan, Jn, PhD., P.E. Frank Capobianco, CE. Thomas R. Pynchon, L.S SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y, 11787 (516) 724-0611 / September 21, 1987 Roland And.rs Roger L Cocchi Francis J Lynch PhiliD Schlotzhauer Joseph F Stegman Paul F Stevens William T. Styne Richard B Weber Mr. Bennet Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Elijah Lane Estates, Section 2, Mattituck, Town of Southold, N.Y. (SBB NO. 87126) Gentlemen: We have completed our review of the road and drainage plan for the above referenced project. A summary of our review and comments is as follows: The roadway curve where Rachael's Road meets Jeremiah's Lane should be reevaluated. The centerline radius of this curve as scaled from the plan is approximately 60 feet. Sight distances (visability) for vehicles appoaching each other would be poor, and strict limitations would have to be placed on landscaping and not further restrict visability. Generally, the minimum centerline radius of curvature should be 150 feet for local streets. e The positive drainage system for Section 2 will discharge into the recharge basin constructed in Section 1. It is recommended that the recharge basin be cleaned and reshaped to meet the current desi§n standards. Storage capacity is sufficient for the contributing areas of Sections i and 2. Any large amount of off-site runoff could possibly overburden the system. Calculations for the design of the positive drainage system should be provided. An initial check of the pipe system reveals that possibly 3 pipe runs may be under designed, thus creating a back-up within the system and ponding in the road during an intense storm. The pipe runs in question are: 1. From MH "G" to MH "D"; 2. From MH "D" to MH "E"; 3. From MH "D" to MH "C". ¸4. With reference to a letter from the Suffolk County Soil and Water Conservation District dated August 3, 1987, we are in agreement that the construction of Rachael's Road at the proposed elevations RECEIVED BY SOUT OLD BO ,RD · s.,.'.'row. · .Ew,,on.<o.'r,, · SEP ?.S 1987 Am Equal Oppo~ungy Employer M/F/I~ ' Mr. Bennet'~rlowski,e Jr., Chairman TOWN OF SOUTHOLD September 21, 1987 Page Two would create a potential flooding condition to the north of the road. The contributing drainage area to this potential flooding condition is relatively small and woulo be a predominantly land- scaped area, thus the amount of runoff should be minimal. To aid against this flooding potential a small swale could be constructed to collect the runoff which would contain the water until it seeps into the ground. The subsoil within the swale would have to be granular and well draining. We will continue our review of this project when revised plans and/or further information as request becomes avail,able. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS J~HN W. KOHN JWK:clg xc: R. Jacobs, Supt. of Highways V. Lessard, Exec. Adm./Bldg Dept. R. Dean Southold, N.Y. 11971 (516) 765-1938 September 17, 1987 Mr. Frank Yakaboski, 456 Griffing Avenue Riverhead, NY 11901 Esq. Re: Declaration of Covenants and Restrictions for Elijah's Lane Estates SCTM# 1000-108-4-7.1 Dear Frank: Your assistance in answering the following questions would be greatly appreciated: Can the Planning Board revoke a Declaration of Covenants and Restrictions which was placed on a subdivision, and which requires all property owners to be responsible for maintenance of the park and recreation area, the roads and the recharge basin? A little background information is in order. First, only Secion 1 of a 3 section subdivision was constructed. The park and recreation area, which is part of Section 1 had a county lien placed on it for lack of payment of taxes. The Town asked the County to take this property off the auction block and to give it to the Town for the construction of affordable housing. The Town now has to file an amendment to Section 1 in order to subdivide the park and recreation property, when it obtains title to it. In the meantime the land for proposed Sections 2 and 3 has been purchased by another developer who has applied for final approval for Section 2. Is it possible for the Planning Board to require the removal of the DC & R's so as to allow the dedication of the roads and recharge basin to the Town? Are there any other legal issues of Southold, N.Y. 11971 (516) 765-1938 PAGE 2 - September 17, 1987 which we should be aware of before proceeding further? I've enclosed a copy of the DC & R's and an amendment thereto; along with a oopy of the approval preliminary map which showed the entire 3 Sections as they were to have been laid out. If there are any questions, please don't hesitate to call. Sincerely, Valerie Scopaz Town Planner S trEFO~ ~C.O ~:NTY 8outhold, N.Y. 11071 (516) 765-1938 FILE COPY August 21, 1987 Robert Brown Sidney Bowne and Son 45 Manor Road Smithtown, NY 11787 Dear Mr. Brown: E~closed is a copy of the report from the Suffolk County Soil and Water Conservation Service with regard to the above mentioned subdivision. This may be helpful to you in your review of 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 ~YD~ane M. Schultze, Secretary enc. South Dear ! Our r~ ELI JAM COUNTY OF SUFFOLK MICHAEB LO GRANDE SUFFOLR COUNTY EXECUTIVE FILE COPY '~ICT STANLEY A. PAUZIER August 3, 1987 DISTRICT MANAGER nd drainage plan for the proposed subdivision . resulted in several matters which you should be aware of. Regarding the roads, a potential flooding problem exists due to the proposed elevation of Rachael~s Road from Station 2+00 - 4~50. Filling for the road in this area will transverse a natural drainageway which flows toward the south. Consequently, surface water runoff will pond north of Rachael's Road in the proposed southeasternmost lot and in the existing developed lot to the east. Drainage for the proposed subdivision, for the most part, appears to be adequate. The exisCing recharge basin has capacity to contain the surface water runoff, from the contributing watershed, for up to a $ year return frequency storm event of 4.5 inches of rainfall. Runoff water from a 10 year storm of 5.0 inches of rainfall in 24 hours would probably temporarily pond outside of the recharge basin area. The culvert delivery system to the recharge basin, however, should be thoroughly evalu~ ated, specifically the culverts from manhole "D" in Jeremiahls Lane to the recharge basin. The outletting section of culvert, 35 feet of 24 inch C.M.P.~ appears to have capacity to convey the peak flow from up to a 2 year frequency storm of 3.5 inches of rainfall in 24 hours. However, this secCion of culvert is a larger diameter and would have a steeper slope than the remaining culverts from manhole "D". Consequently, the remaining culverts do not appear to have capacity to convey the peak flow from a 2 year return frequency storm and would probably cause ponding on the road and surface flows of water on the drainage easement. A remaining potential problem involves surface water runoff flowing into the existing recharge basin. Development of the proposed lots west of the recharge basin will in- crease storm water runoff. If this runoff water flows down the bank into the recharge basin, severe soil erosion of the bank could occur. hope this information will be useful to you. tion, please contact our office. Sincerely, Thomas J. McMahon~ Senior District Technician ~64 Old Country Road If you require any additional informa- RECEIVED BY SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK MI~HA~P.- r.O GRAND~- SUFFOLK COUNTY EXECUTIVE August 3, 1987 STANLEY A. PAUZER DISTRICTMANAGER Mr. Bennett Orlowski, Jr.~ Chairman Southold Town Planning Board Main Road Southold, New York 11971 Dear Mr Orlowski: Our review of the final road and drainage plan for the proposed subdivision - ~~has resulted in several matters which you should be aware of. Regarding the roads, a potential flooding problem exists due to the proposed elevation of Rachaelts Road from Station 2+00 - 4+50. Filling for the road in this area will transverse a natural drainageway which flows toward the south. Consequently, surface water runoff will pond north of Rachael's Road in the proposed southeasternmost lot and in the existing developed lot to the east. Drainage for the proposed subdivision, for the most part, appears to be adequate. The existing recharge basin has capacity to contain the surface water runoff, from the contributing watershed, for up to a $ year return frequency storm event of 4.5 inches of rainfall. Runoff water from a 10 year storm of 5.0 inches of rainfall in 24 hours would probably temporarily pond outside of the recharge basin area. The culvert delivery system to the recharge basin, however, should be thoroughly evalu- ated~ specifically the culverts from manhole '~" in Jeremiah's Lane to the recharge basin. The outletting section of culvert~ 35 feet of 24 inch C.M.P., appears to have capacity to convey the peak flow from up to a 2 year frequency storm of 3.5 inches of rainfall in 24 hours. However~ this section of culvert is a larger diameter and would have a steeper slope than the remaining culverts from manhole "D". Consequently, the remaining culverts do not appear to have capacity to convey the peak flow from a 2 year return frequency storm and would probably cause ponding on the road and surface flows of water on the drainage easement. A remaining potential problem involves surface water runoff flowing into the existing recharge basin. Development of the proposed lots west of the recharge basin will in- crease storm water runoff. If this runoff water flows down the bank into the recharge basin, severe soil erosion of the bank could occur. I hope this information will be useful to you. tion~ please contact our office. Sincerely, Thomas J; McMahon~ Senior District Technician ~64 Old Country Road IVERHEAD, NEW YORK 11 ~01 (516) 727-2315 If you require any additional informa- RECEIVED BY DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the /_~ day off~-~Cv~f , 197~, by ELIJAH'S LANE ESTATES, Developer JOSEPH SALAND, residing at (No ?Number) Main Road, Jamesport, Suffolk County, New York, hereinafter referred to as the Declarant: WITNESSETH : WHEREAS, the Declarant is the owner in fee simple of the following described premises: ALL that certain plot, piece or ~arcel of land, situate, lying and being at Mattituck, Town of ;outhold, County of Suffolk and State of New York, shown and de- ~i signated as Lots Numbers 1 through 18, both inclusive, on a certain map entitled, "Map of Elijah's Lane Estates, Mattituck, Town of Southold, Suffolk County, by Young and Young; Riverhead, New York, and of the Clerk of the County of Suffolk on the 1973, under Map Noo ; and Section I, situate at New York", surveyed filed in the Office day of WHEREAS, the Declarant desires to restrict the use and of said land and has, for such purpose, determined to enjoyment impose on such premises certain covenants and restrictions, and it is hereby declared that all of the property above described shall be held and shall be conveyed subject to the following covenants :and restrictions: 1. Ail of the premises hereinabove described shall be ~known and designated as residential plots° 2. No structure'shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height. No dwelling shall be erected, placed or permitted to remain on any lot unless it has an enclosed garage, attached or un- attached, for not less than one (1) car, and all such garage~ and any accessory building must conform in architectual ex- terior design w~rh the_d~lling. · ...... 3. No dwelling shall be erected, placed or permitted to remain on any lot of the ranch type containing only one (1) story unless it shall contain a minimum of 1,100 square feet of living space, nor any colonial or cape cod type dwelling containing more than one (1) story unless same shall have a minimum of 1,000 square feet of living space on the first floor of said structure, exclusive of open porches and garages. ~ 4. Seeding of grass and landscaping shall be completed within six (6) months from the date of the issuance of a certificate of occupancy for any dwelling erected upon event, such ,said six (6) to complete any lot; and in the seeding and landscaping is not completed within the month period, then the Developer shall have the right the said seeding and landscaping at the cost and ex- pense of the owner of said lot. vertised from or covenant shall not prevent a dentist, podiatrist~ chiropractor, chiropodist, trade'or business of any kind shall be ad- transacted on the premises, except that this lawyer, accountant, physician, optometrist cr anS' ether m=mh~r n~ ~h~ m~dical~ dental, accountinK, legal or allied occupation or profession from carrying on his occu- pation or profession on said premises provided such person also resides on said premises. However, veterinary medicine is specifically excluded as a permitted profession. 6. No signs of any kind shall be displayed to public view on any lot, except that one sign of not more than one (1) foot square, upon which shall be inscribed the name, and occupation or profession of the occupant of the premises, and signs used by the builder to advertise his property during the construction and sales period, shall be permitted. 7. No animals, livestock or poultry of any kind shall be raised, bred or maintained on any lot, except for dogs, cats, or other household pets, provided they are not raised, bred, or maintained for any commercial purpose. 8. No lot shall be used or maintained as a dumping ground for rubbish, trash, or garbage. All rubbish, trash or garbage shall be kept.in closed sanitary containers, which containers shall be kept out of the public view and in the rear of the premises. 9. No fence, wall or hedge of over four (4) feet in height shall be permitted within ten (10) feet of a side line~ nor within fifty (50) feet of any street line, except that there will be no restriction as to height of fence, wall or hedge~ or distance from side line as to the north line of Lot No. 5 and south line of Lot No. 6o 10. No clothesline, or other such clothes drying implements, shall be maintained other than in the rear yard area of the premises. 11. No building, fence, wall or other structure shall ilbe erected or maintained, nor any change or mlteration made therein unless the plans and specifications therefor showing the nature, iikind, shape, height, material, color scheme and location of such structure, and the grading plans of the lot, or plot, to be built upon, have been approved in writing by, and a copy thereof as ~finally approved, lodged permanently with the Developer, his heirs,! I. successors or assigns. ~ 12. Road, park and recharge basin - i! a. Construction of road - Elijah's Lane Estates install road improvements pursuant to the specifications of the Town of Southold in existence at the time the road is con- .~structed. b. Road easement, use of park - Ail owners of lots, their guests and invitees, are hereby granted an easement 'for the purpose of ingress and egress in common with others, at their own risk, over the roads shown on said map. Ail owners of lots are hereby granted the right to use, (pursuant to reasonable regula- tions from time to time promulgated by Elijah's Lane Estates or by an association of property owners succeeding to the rights of iiElijah's Lane Estates) in common with others, at their own risk, the area shown on the subd±vision map as "park and recreat±on" hereinafter called "park". Co Upkeep of road, park and recharge basin - After the installations provided for in paragraphs (a) and (b) above, each lot owner shall be responsible for 1/18 of the cost of snow- plowing, upkeep, repair and maintenance in good condition of the -4- roads and park area and recharge basin, and for 1/18 of the real ~estate taxes attributable to the roads and park area and recharge 'basin° Ail decisions as to the snowplowing, of the roads, park area and recharge basin, upkeep and maintenance including decisions as to 'exclusive discretion of Elijah's Lane Estates, or in interest, an association of property vided. (Please Note: Elijah's Lane is the extent and cost of any repairs therefor, shall be in the owners as a public highway, :'of the subdivision). Elijah' s Lane its successors hereinafter pro- not part d. Payment of contributions by lot owners - While Estates holds title to the road, park and recharge basin, it will pay the taxes and expenses mentioned in paragraph (c) above, and will submit bills to the individual lot owners for their respective 1/18 contributions. Such bills will be paid in full tO Elijah's Lane Estates by the then present lot owners within ten (10) days after said bills have been mailed. e. Maximum contribution of lot owners - In no event, while Elijah's Lane Estates holds title to the road, park and recharge basin, shall any lot owner be required to pay a sum in excess of fifty dollars ($50.00) per annum toward real estate taxes for the road, park and recharge basin, and snowplowing, up- keep, repair and maintenance of said facilities. f. Property owners' association 1. If, at any time after one-third (1/3) of the lots have been conveyed by Elijah's Lane Estates, it decides to transfer title to the road, park and recharge basin to a property owners' association, and if two-thirds (2/3) of the then lot owners -5 - (exclusive of the lots owned by Elijah's Lane Estates) vote to take title to said facilities, the conveyance shall be made. However, Elijah's Lane Estates may withdraw its offer to convey the facilities at any time of the offer's acceptance. owners ' Ithe road, prior to receipt of written notification .Elijah's Lane Estates assoczatzon; Elijah's b. The owners of all lots purchased from shall be members of the property owners' Lane Estates shall not be members of the property owners' association. c. Each member of the property owners' association shall be liable, on a per lot basis, for a share of the costs and expenses of the property owners' association. d. Each member agrees to comply with the regulat ion o regulations for the use of the park, recharge basin and road facilities enacted by the property owners' association. A two- thirds (2/3) vote shall be required e. Upon a two-thirds (2/3) vote by the members of the property owners' association, title to the recharge basin, road and park shall be dedicated to the Town of Southold. 3. For purposes of provisions 1, 2d and 2e each lot owner shall have one (1) vote for each lot owned, whether for the enactment of each such !!tirely by the property owners' association. park and recharge basin shall thereafter be borne en- 2. If a conveyance is made to a property association pursuant to provision 1 above, then: ao Ail costs and expenses associated with improved or unimproved. g. Conveyance or dedication of road, park and recharge basin - 1. Present intention to convey to property owners' association Elijah's Lane Estates, presently intends to the road, park and recharge basin to a property However, when in the sole convey title to Owners' association consisting of the lot owners. and if such conveyance shall be made it shall rest discretion of Elijah's Lane Estates. 2. Reservation of right to dedicate to Town of Southold ~ In lieu of conveying the road, park and re- charge basin to a property owners' association, Elijah's Lane 'Estates reserves the right, in its sole discretion to dedicate the road, park and recharge basin to the Town of Southold without ithe consent of the owner of any lot thereon or any interest therein. or of the holder of any lien Eltjah's dedicate the road, park and recharge basin, and .requires any instruments to be signed by any of the 3. Instruments required for dedication - If Lane Estates or the property owners' association decide to the Town of Southol¢ persons re- ?ferred to in subparagraph 2 above, such person or persons shall execute such instruments upon written requ~sto If such executed :instruments are not received within ten written request was made, the lot owner, any other interest (10) days after the lienholder or person with therein, hereby authorizes Elijah's Lane Estates or the struments as its h. property owners' association to execute the required in- special agent. It is understood that in the event Sections 2 and/or 3 of Elijah's Lane Estates are created and a subdivision .map of same is filed with the Suffolk County Clerk's Office, lots said subdivision shall also be granted the rights as set forth ~in provision 12 herein, and that as each section is added, the responsibility for taxes, maintenance of the roads, cost of snow plowing, upkeep, repair and park area and recharge basin, and any !iadditional facilities found within Sections 2 and/or 3 of Elijah's Lane Estates, shall be proportionately shared by all of the lot owners in the existing Section t and/or Sections 2 and 3. It is also understood that owners of lots in Section 1 shall have the ~right to utilize any recreation, park, roads and recharge basin facilities to be constructed in Sections 2 and/or 3. 13. E~sements for installation and maintenance of utilities and drainage facilities across and under the premises to be conveyed for a distance of five (5) feet from the lines of the premises are hereby reserved to the Developer and his heirs, successors or assigns, utility companies. 14. who may grant permanent easements to public Ail dwellings and structures shall be enclosed withi~ a period of six (6) months from the date of the commencement of its construction. 15. If any lot owner, his heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any - 8 - real property situated in said subdivision, to prosecute any' proceedings at law, or in equity, against the persons v%olat- ing or attempting to violate any such covenant to prevent him or them from so doing, or to recover damages or other re- lief for such violation. 16. Invalidation of any 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. 17. shall be binding under them for a These covenants are to run with the land, upon all parties and all persons claiming period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument is recorded in the Suffolk County Clerk's Office signed by the then owner of a majority of the lots designated on the said map, agree- ing to change said covenants in whole or in ~rt. 18. Notwithstanding covenants No. 15, the Declarant reserves to himself the right to amend, alter or change any of the within covenants to the extent of lessening their restrictiveness. IN WITNESS WHEREOF, I, JOSEPH SALAND, have hereunto set my hand and seal the day and year first above-written. Joseph Saland STATE OF NEW YORK) COUNTY OF SUFFOLK) SSo: On the day of , 1973, before me per- sonally came JOSEPH SALAND, to me known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the same. Notary Public JUL l , lgB COUNTY OF SUFFOLK'~ Hichael A. Lo~ra~de DEPARTMENT OF PLANNING July 6, 1987 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Dear Mr. Orlowski: Proposed Map - Elijah's Lane Estates, Section Two n/s of Rachaels Road, 270' w/of Elijah's Lane, Mattituck, New York The staff has examined the proposed subdivision map entitled,"Map of Elijah's Lane Estates, Section Two", bearing the stamped date of March 21, 1987. Comparing this map with the one that was previously referred to the Comission on August $, 1975 the staff did not find any substantial difference between the two maps. It is the policy of the Commission not to review any map that it has previously considered and for which a report was made unless: 1. There has been a material change in any of the design elements; 2. There has been a change in any law affecting the subdivision of land; or 3. There has been a change in county, state, or federal developmental policies. Since there have not been any changes in the map, or in the laws affecting the map, nor have there been any changes in county, state, or federal developmental policies, this map will not be reviewed again. A copy of the previous report (September 4, 1975) is enclosed. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Division Pile: S-SD-75-11.1 CGL:mb Encl.: Report September 4, 1975 Mr. John Wie.kham, Chairman Town of Southold planning .Board Dtatn Road Southold; New York 11971 Re: Map of Eli~ah'm Lane Estates, Section Two, North side of Rachael's Roadg 270' west of Eli]ahs Lane, l~ttituck D~ar ~r. ~ick.~ar. -Th~Suffolk Cgunty Planning Co~.tasion at its regula~meeting Septer~er-3, 1975, reviewed th~ aboVe captioned prnposed subdivision plat referred to it pursuant to Section 1333, Suffolk Codnty ~arter. ~ft~r due stpdy amd delib- eration, it did t~¢e the'foll'._owin~ action: .- . _ Th~ !~p of Eli]ah's Lane EstateS, Section Tw6, am ~ub~itted, wam approved for local-determination. _ very truly youre,~ Lee E. Koppelrmn Director of Planning by -_~harles C, Lind - Chief Planner - Subdivision RevieW Section CGL:fp Encl: $iap - cc: L. Albertson; County Clerk File~ S-SD-?5-11 SL~Y Southold, N.Y. 11971 (516) 765-1938 June 25, 1987 Mr. Raymond L. Jacobs Highway Superintendent Peconic Lane Peconic, NY L1958 Re: Elijah's Lane Estates Section II Dear Mr~ Jacobs: Enclosed is a final road and drainage plan for the above mentioned major subdivision. This is a re-filing of this subdivision which had previously received approval in 1975. The 1975 approval expired, however, based on Section 100-31 this property is still entitled to one-acre zoning, and the applicants are re-filing for final approval. Please note, this subdivision road and drainage plan has been amended to conform to the new Highway Specifications. would you please make a review and advise us if all is in order or of any recommendations you may have. Thank you for your ~ssistance in this matter. If you have any questions, please don't hesitate to contact our office. Very truly yours, i. ~ I BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 'cc: Sidney Bowne, and Son. P D T 8outhold, N.Y. 11971 (516) 765-1938 June 25, 1987 Stan Pauzer U.S. Dept. of Soil and Water Conservation Service Riverhead, NY 11901 Re: Elijah's Lane, Section II Dear Mrl Pauzer: Enclosed is a final road and drainage plan for the above mentioned proposal. Would you please review this for us and advise us of any comments or recommendations you may have on this matter. Thank you for your assistance. If you have any questions, please don't hesitate to contact our office. Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. o 9. i0. 11. 12. 13. 14. 15. 16< BOND ESTII~ATE FOR ELIJ~%H' S I~ ESTATES - SECTION 2 & 3 AT MATTITUCK, TOWN OF SOUTHOLD SC~q ~ 1000-108-04-07.1 OCTOBF~ 25 , 1995 OU~/NTI T"/ DESC~PTION LTNIT PRICE 2.0 ACRE 300 C.Y. 300 L.F. 9,850 S.Y. CLF~ING & GRUBBING $ 2,500.00 UNCLASSIFIED EXCAVATION 6.00 GRA/qITE CURBING 10.00 FINE GP~ING 1.50 1,600 TONS 1,280 TONS 820 TONS SURFACING: 3/4" STONE BLEND B~3E 25.00 BINDER COURSE ASPFJ~LT 50.00 WEAJlING COURSE A3PHAiT 50.00 40 L.F. 4 v_ACH 400 L.F. 80 EACH 5,500 S.Y. 16 EACH 6 EACH t ~ACH JOB CHAIN LINK FENCE STREET LIGHTS DIRECT BURIAL CABLE STREET TREES TOPSOIL & SEED CONCRETE SURVEY MONUMENTS STREET SIGNS FIRE WELL MAINTENANCE & PROTECTION OF TRAFFIC $ 5,000.00 1,800.00 3,000.00 14,775.00 40,000.00 64,000.00 41,000.00 25.00 1,000.00 2,000.00 8,000.00 2.00 800.00 200.00 16,000.00 5.00 27,500.00 100.00 1,600.00 200 O0 ~ 200.00 20,000.00 20,000.00 3,000.00 SUB-TOTAL $ 248,675.00 + 6% ADMINISTRATION ~ ~ ~E~ $ 14,920.50 TOTAL $ 263,595.50 Covenants and Restrictions on the date as above written. ....., B~ovodantona Aliperti State of New York ) : SS.: County of Suffolk ) On the 9th day of July ,1996, before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, New York 11778 -7- JEAN W. COCHRAN SUPERVISOR TOWN OF $OUTHOLD Fax, (516)- 765 - 3136 /vi -% A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD Tel.(516)-765 - 1802 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD January 8, 1999 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, NewYork 11971 Re: Elijha's Lane Estates - Section II & III SCTM #: 1000 - 108 - 04 - 07 Dear Mr. Orlowski: As per your request, please consider the following to be the most recent inspection report for the above referenced subdivision. The 1-1/2" Asphalt wearing surface has been placed and compacted in a satisfactory manner and meets the minimum requirements of the Town Code. Eighty (80) street trees have been planted in a satisfactory manner and meets the minimum requirements of the Town Code. The only remaining item listed in the Bond Estimate that has not been completed is the installation of four (4) required street lights. One each is to be installed at the interior intersections, one at the cul-de-sac and one at the center of the radius of Rachael's Road. If you have any questions concerning this report, please contact my office. cc: Raymond L. Jacobs (Superintendent of Highways) Siri-qerely, Richter, Southold Town Planning Board October 26, 1998 Dear Southold Town Planning Board: The undersigned residents of Elijah's Lane Estates of Mattituck Respectfully request that there be no installation of streetlights in our development. We would like the moneys that have been allocated for the streetlight project to be redirected towards the upgrade in the quality of trees that are to be planted on our street. We would also like to request that the streets be paved as soon as possible so that the street may be "dedicated" affording mail delivery, school buses, snow plowing, etc.. Thank you in advance for your immediate attention to this matter. NAME ADDRESS October 26, 1998 Dear Southold Town Planning Board: Southold Town Planning Board The undersigned residents of Elijah's Lane Estates of Mattituck Respectfully request that there be no installation of streetlights in our development. We would like the moneys that have been allocated for the streetlight project to be redirected towards the upgrade in the quality of trees that are to be planted on our street. We would also like to request that the streets be paved as soon as possible so that the street may be "dedicated" affording mail delivery, school buses, snow plowing, etc.. Thank you in advance for your immediate attention to this matter. NAME ADDRESS Heft D, Levin SuPermtendant of Insurance STATE OF NEW YORK INSURANCE DEPARTMENT LIQUIDATION BUREAU 123 William Street New York, NY 10038 - 3889 (212) 341 - 6400 Facsimile (212) 608 - 1564 Joseph Termini Acting Special Deputy Superintendent of Insurance Town of Southold 53095 Main Rd Southold, NY Re: Principal: Bond #: Buovodantoma - Anthony Alperti 54393 Thursday, October 8, 1998 OCT 1 G 1998 Dear Sir/Madam: Southold Town Planning Board Please be advised that New York Surety Company (NYSCO) was placed into Liquidation on September 21, 1998 by order of the Supreme Court of the State of New York, County of Nassau. Pursuant to the order and {}7405 of the Insurance Law, NYSCO's liability under insurance policies and bonds terminates at 12:01 a.m. on October 21, 1998. Notwithstanding the termination of insurance policies and bonds, claims arising under certain bonds which mature prior to 12:01 on January 19, 1999, may be considered in the proceeding. All correspondence pertaining to New York Surety Company should be directed as follows: New York State Insurance Department Liquidation Bureau 123 William Street New York, NY 10038 Attention: Hugh Hamilton/New York Surety Company Sincerely, Joseph Termini Acting Special Deputy Superintendent of Insurance as Liquidator of New York Surety Company By: Joseph M. Monahan RAYMOND L. JACOBS SUPERINTENDENT SOUTHOLD TOWN HIGHWAY DEPARTMENT Fax. (516)-765-1750 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD Tel. (516) - 765 - 3070 ~ October 21, 1998 Greg Yakaboski Southold Town Attorney Town Hall, 53095 Main Road Southold, NewYork 11971 Re: Elijah's Lane Estates - Section 2 & 3' SCTM #: 1000 - 108 - 04 - 7.1 BOND ESTIMATE - Oct. 25, 1995 Dear Mr. Yakaboski: As per your request, I have reviewed the file and the existing conditions at the site. The following is a list of construction items that were included in the original bond estimate for the project that have not yet been completed by the developer. Item # 7. 820 Tons Item # 9. 4 Each Item # 10. 400 L.F. Item # 11. 80 Each Item # 13. 16 Each Item # 14. 6 Each Asphalt Wearing Surface $ 41,000.00 Street Lights 8,000.00 Direct Burial Cable 800.00 Street Trees 16,000.00 Concrete Survey Monuments 1,600.00 Street Signs 1,200.00 The Fire Well for this subdivision has been installed. The final approval of this item will require the local fire district to approve and accept the installation in writing. The Contractor that will be planting the Street Trees listed above has contacted my office and intends to start within the next week. If you have any questions concerning this report, please contact my office. ,~erely,/% ~ / , /.. ,]//.~/'~' dames A. Richter, R.A. JAMES C. McMAHON Administrator Telephone (516) 765-1892 Fax (516) 765-3136 TOWN OF SOUTHOLD COMMUNITY DEVELOPMENT OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 November 6, 1997 Mr. Carmine Alperti 81 Hallock Lane Rocky Point, NY 11778 Dear Mr. Alperti: As you know, the Town of Southold is sponsoring an "affordable housing" program in Elijah*$ Lane Estates, Section H & Ill. Several of the homeowners have called with concerns about who is responsible for plowing the roads this winter, since the roads have not been dedicated to the Town. I noted in the Southold Planning Board files, that you are one of the members of the Board of Directors of the Elijah's Lane Estates Homeowners Association. Please give me call in reference to the above, so I can get back to the residents. Sincerely, James McMahon Town of Southoid Community Development Office cc: Supervisor Cochran Laury Dowd, Town Attorney Planning Board ~,IATI-mJCK FIRE DISTRIC-~ PO BOX 666, PIKE STREET MATTITUCK, NEW YORK I 1952-0666 OFFICE (5 ! 6) 298-8837 FA)( (5 I 6) 296-664 I June 27, 1997 Planning Board Town of Southold Southold, NY 11971 RE: SCTM #1000-108-4-7.1 Elijah's Lane Estates - Section 2 Gentlemen: Please be aware that the Board of Fire Commissioners of the Mattituck Fire District have accepted the Electric firewell installed in the above stated sub-division between lots 10 and 11 as per your letter of May 15. 1995. Sincerely, Copy: ELE Development Corp. Aliperti Out; Affordables Project On B~y Tim Kelly MATTITUCK--Former Brookhaven Planning Board member Tony Aliperli, who last year pled guilly lo federal bank and tax fraud charges, is no longer a part of the town's only pending afford- able housing project. . Cutchogue developer George Wieser ciosed last Wednesday on 20 lots off Elijahs Lane previously ownbd by Mr. Aliperti, one of Ibc Brookhaven politi- cal fignres large,ed in Ihe John McNa- mara corruption invesligation. That transfer will allow the construction lo commellce soon. "We hope lo have some people in Ihere by late April, weather permilling," said Jim McMahon. lite direclor of Ibe town's affordables effort. The Iown had hoped to reduce Ibe construction costs by up lo $55,000 through a combination of state and fed- eral subsidies. The state Affordable Housing Corporation, however, recenlly rejected the town's request for grants of $25,000 per home. The agency said Ibc $46,000 per lot Mr. Wieser agreed to pay was too high, but local officials believe Ibe agency's decision was based on the fear of being tied polilically to Mr. Aliperli, who re- rains ownership of seven lots in that subdivision wilh wells that fall short of the county's ddnkJng water standards. The town will make up for Ibe loss of the slate funding ihrough federal aid of ~$~0,000 per home. With the SuBsidle~ in place 1he participating families will carry mortgages of about $90,000 for homes of 1,450 to 1.700 square feel Barbara Murdoc:k of Peconic feared the loss of Ibe state funds couid push her family out of the program, bul with Ihe federal grant in hand the new house will remain affordable. "Thank God," she said, anlicipellng moving in early in the summer. "We*re very happy." The town's affordables effort has long drawn ctilicism from residents who suggest that Ibc subsidies should be reeled toward the purchase of existing homes ralber than developing open lands. Mr. McMahon said the town launched just such a program lasl year Ihrough iL'; federal Community Devel- opmenl program. The town obtained eighl $25,000 sub- sidies in 1996 and will receive Ibc same number this year. Thai program targets houses in the $125,000 lo $130,000 price range. There are such homes available, Mr. McMnhon said, bul many are in need of major repairs, such as cai into the subsidy, he added, and so raise Ibc cost ~o Ihe participants. Mr. McMahon said Ihe town is not considering any additional new afford- ables projects. "I'm just glad to get this one off the ground," he said. The town, be'said, may look to scalier 10 to 15 new affordable homes throughout Southold. "To drop 20 homes in one area is not always Ihe most welcome projecC' he said. Last year a group of Elijahs Lane residents opposed to that project, which they believe would lower surrounding property values, unsuccessfully peri- tioned the Town Board Io either stop Ihe constmcllon or change Ihe name of their JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 SEPTEMBER 17, 1996: RESOLVED that the Town Board of the Town of Southold hereby accepts Subdivision Bond No. 54393, in the amount of $248,675.00, from New York Surety Company, for roads and improvements in the major subdivision of Elijah's Lane Estates, Sections 2 & 3, Mattituck, N.Y., which bond amount was approved by the Town Board on December 12, 1995, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector Richter. ~uditK-T. Terry (/ Southold Town Clerk September 18, 1996 SEP I 9 Submission Without a Cover Letter Sender: Subject: ~ l i~o~h Lo,. Esf~q-cs, ~_.. z. SCTM#: 1000- Io8- ~ 7.1 Date: Comments: SEP I 8 ~' DRAINAGE EASEMENT THIS EASEMENT made and granted this day of September 1996, by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, hereinafter referred to as the 'Grantor' to TOWN OF SOUTHOLD, a New York municipal corporation with offices at Main Road, Southold, N.Y. 11971, It's Successors and assigns, hereinafter referred to as the "Grantee; WHEREAS, the Grantor is the owner in fee simple of a certain parcel of land situate at Southold, Town Of Southoid, county of Suffolk and State of New York, being a portion of the premises described as Suffolk County Tax map #1000-108-4-7.1 and more fully described on Schedule "A" attached hereto, and WHEREAS, the Grantor has made application to the Planning Board of the Town of Southold for approval to subdivide the real property into a subdivision of nineteen (19) lots in a subdivision known as Map of Elijah's Lane Estates, Section 2, and WHEREAS, Lots 21 and 22 on said map will contain drainage installations required by the Planning Board to control and contain storm water runoff; and WHEREAS, for and in consideration of the granting of subdivision approval, and in order to provide for the proper functioning of said drainage installations, the Planning Board of the Town of Southold has required as a condition of the granting of said subdivision approval that Grantor convey the within drainage easements to the Grantee as hereinafter set forth. ~ ..... -1- NOW THEREFORE, in consideration of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the Grantor does hereby grant, transfer, remise and convey to the Grantee, the following easements: 1. A drainage easement over the southwesterly twenty (20) feet of Lots 21 along Gabriella Court, as shown on the said map, for the installation, maintenance, repair and replacement of underground drainage rings and other underground drainage facilities within such easement areas. 2. An easement twenty (20) feet in width over the southeasterly side of Lot 22 for the installation, maintenance, repair and replacement of underground drainage pipe and other underground drainage facilities in the area shown on the said map. This easement shall not include vehicular access to and from the recharge basin shown on the filed map, except during the course of installation, maintenance, repair and replacement of the above installations. 3. The areas of the drainage easements shall be regraded to original grade and replanted with grass covering by Grantee after any construction or installation performed by the Grantee. 4. The easements conveyed herein shall run with the land and shall be binding upon all purchasers and holders of said Lots 21 and 8, their heirs, executors, legal representatives, distribute&s, successors and assigns, and that every purchaser of Lots 21 and 22, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the said easements. -2- IN WITNESS WHEREOF, the Grantor has hereby executed this Easement on the date and year above written. In the presence of: STATE OF NEW YORK) COUNTY OF SUFFOLK) : SS On the/~Pday of September, 1996, before me personally came Buovodantona Aliperti, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they executed the same. Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, NY 11778 Notar~ P~blic / UNeA J. cOOPER . Notary County -3- Schedule "A" Map of Elijah's, Lane Estates Section 2 BEGINNING AT A POINT on the northerly side of Rachael's Road said point being distant 244.62 feet westerly from the end of a curve connecting the northerly side of Rachael's Road and the westerly side of Elijah's Lane. THENCE westerly S 51 degrees 21 minutes 10 seconds West 75.38 feet. THENCE southerly S 38 degrees 38 minutes 50 seconds East 50.00 feet. THENCE westerly s 51 degrees 21 minutes 10 seconds West 169.19 feet. THENCE north westerly along the arc of a curve bearing to the right having a radius of 75.00 feet and a length of 92.32 feet. THENCE westerly S 51 degrees 21 minutes 10 seconds West 276.57 feet to land now or formerly of Grabowski. Thence northerly along land now or formerly of Grabowski the following five (5) and distances. 1. N 38 degrees 30 minutes 50 seconds west 197.78 feet. 2. N 38 degrees 32 minutes 50 seconds west 162.95 feet. 3. N 37 degrees 36 minutes 50 seconds West 297.63 feet. 4. N 37 degrees 02 minutes 50 seconds west 566.37 feet. 5. N 38 degrees 31 minutes 50 seconds west 180.63 feet THENCE easterly N 52 degrees 19 minutes 20 seconds East 267.60 feet. THENCE northerly N 37 degrees 40 minutes 40 seconds west 54.54 feet. THENCE easterly N 51 degrees 21 minutes 10 seconds East 75.42 feet. THENCE north westerly along the arc of a curve bearing to the right having a radius of 25.00 feet and a length of 39.69 feet. THENCE northerly along the arc of a curve bearing to the left having a radius of 1,957.49 feet and a length of 139.94 feet. THENCE easterly N 52 degrees 19 minutes 20 seconds East 258.89 feet to the westerly map line of the Map of Elijah's Lane Estates Section 1, File No. 6065. THENCE southerly along said map line s 38 degrees 14 minutes 50 seconds east 1,615.93 feet to the point or place BEGINNING. DRAINAGE EASEMENT THIS EASEMENT made and granted this day of September 1996, by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, hereinafter referred to as the "Grantor" to TOWN OF SOUTHOLD, a New York municipal corporation with offices at Main Road, Southold, N.Y. 11971, It's Successors and assigns, hereinafter referred to as the "Grantee; WHEREAS, the Grantor is the owner in fee simple of a certain parcel of land situate at Southold, Town Of Southold, county of Suffolk and State of New York, being a portion of the premises described as Suffolk County Tax map #1000-108-4-7.1 and more fully described on Schedule "A" attached hereto, and WHEREAS, the Grantor has made application to the Planning Board of the Town of Southold for approval to subdivide the real pmparty into a subdivision of nineteen (19) lots in a subdivision known as Map of Elijah's Lane Estates, Section 2, and WHEREAS, Lots 21 and 22 on said map will contain drainage installations required by the Planning Board to control and contain storm water runoff; and WHEREAS, for and in consideration of the granting of subdivision approval, and in order to provide for the prober functioning of said drainage installations, the Planning Board of the Town of Southold has required as a condition of the granting of said subdivision approval that Grantor convey the within drainage easements to the Grantee as hereinafter set forth. -1- NOW THEREFORE, in consideration of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the Grantor does hereby grant, transfer, ramise and convey to the Grantee, the following easements: 1. A drainage easement over the southwesterly twenty (20) feet of Lots 21 along Gabriella Court, as shown on the said map, for the installation, maintenance, repair and replacement of underground drainage rings and other underground drainage facilities within such easement areas. 2. An easement twenty (20) feet in width over the southeasterly side of Lot 22 for the installation, maintenance, repair and replacement of underground drainage pipe and other underground drainage facilities in the area shown on the said map. This easement shall not include vehicular access to and from the recharge basin shown on the filed map, except during the course of installation, maintenance, rapair and replacement of the above installations. 3. The areas of the drainage easements shall be regraded to original grade and replanted with grass covering by Grantee after any construction or installation performed by the Grantee. 4. The easements conveyed herein shall run with the land and shall be binding upon all pumhasers and holders of said Lots 21 and 8, their heirs, executors, legal representatives, distributees, successors and assigns, and that every purchaser of Lots 21 and 22, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the said easements. -2- IN WITNESS WHEREOF, the Grantor has hereby executed this Easement on the date and year above written. In the presence of: STATE OF NEW YORK) COUNTY OF SUFFOLK) : SS On the/~ day of September, 1996, before me personally came Buovodantona Aliperti, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they executed the same. Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, NY 11778 NOt~.ry 'Public<' LINDA J. COOPER Nota~' Public, State of New Y~I~ No. 4822563. Suffolk ~ ~ ~C~tYe (~'.,~ Term Expires December 31, 1 '. Schedule "A" Map of Elijah's, Lane Estates Section 2 BEGINNING AT A POINT on the northerly side of Rachael's Road said point being distant 244.62 feet westerly from the end of a curve connecting the northerly side of Rachael's Road and the westerly side of Elijah's Lane. THENCE westerly S 51 degrees 21 minutes 10 seconds West 75.38 feet. THENCE southerly S 38 degrees 38 minutes 50 seconds East 50.00 feet. THENCE westerly s 51 degrees 21 minutes 10 seconds West 169.19 feet. THENCE north westerly along the arc of a curve bearing to the right having a radius of 75.00 feet and a length of 92.32 feet. THENCE westerly S 51 degrees 21 minutes 10 or formerly of Grabowski. Thence northerly along land now or formerly of distances. 1. N38 2. N36 3. N37 4. N37 5. N38 THENCE THENCE THENCE seconds West 276.57 feet to land now Grabowski the following five (5) and degrees 30 minutes 50 seconds west 197.78 feet. degrees 32 minutes 50 seconds west 162.95 feet. degrees 36 minutes 50 seconds West 297.63 feet. degrees 02 minutes 50 seconds west 566.37 feet. degrees 31 minutes 50 seconds west 180.63 feet easterly N 52 degrees 19 minutes 20 seconds East 267.60 feet. northerly N 37 degrees 40 minutes 40 seconds west 54.54 feet. easterly N 51 degrees 21 minutes 10 seconds East 75.42 feet. THENCE north westerly along the arc of a curve bearing to the right having a radius of 25.00 feet and a length of 39.69 feet. THENCE northerly along the arc of a curve bearing to the left having a radius of 1,957.49 feet and a length of 139.94 feet. THENCE easterly N 52 degrees 19 minutes 20 seconds East 258.89 feet to the westerly map line of the Map of Elijah's Lane Estates Section 1, File No. 6065. THENCE southerly along said map line s 38 degrees 14 minutes 50 seconds east 1,615.93 feet to the point or place BEGINNING. THIS INDENTURE, made the day of , nineteen hundred and ninety six. BETWEEN, Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, party of the first part, and Buovodantona Aliparti, residing at 81 Hallock Lane, Rocky Point, New York, party of the second part, WlTNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, 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, know and designated as lot 21 as shown on the 'Map of Elijah's Lane Estates, Section 2" filed office of the clerk of the County of Suffolk, as Map No. on ,1996 Premises are not encumbered by a credit line mortgage SUBJECT TO a drainage easement over the southwesterly twenty (20) feet of said Lots 21 along Gabriella Court, as shown on the said map, for the installation, maintenance, repair and replacement of underground drainage rings and other underground drainage facilities within such easement areas. TOGETHER with an easement from the above mentioned premises to the nearest public highway TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to the said premises; TO HAVE AND TO HOLD the said premises granted unto the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement before using any part of the total of the same for any other purpose. The word *party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above wdtten. In the presence of: BfuO'~,odantona ~pe i -- SEP I 8 STATE OF NEW YORK) COUNTY OF SUFFOLK) : SS On the/~ day of ~,~d.~,~.~ , 1996, before me personally came Buovodantona Aliperti, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they executed the same. Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, NY 11778 Notary Public/ UNDA J. COOPER Notary Public, State of New Yo~k No, 4822563, Suffolk County Term Expires Dece,~b~r 31, 19 THIS INDENTURE, made the day of , nineteen hundred and ninety six. BETWEEN, Buovodantona Aliparti, residing at 81 Hallock Lane, Rocky Point, New York, party of the first part, and Buovodantona Aliparti, residing at 81 Hallock Lane, Rocky Point, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and mleese unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or pamel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, know and designated as lot 22 as shown on the 'Map of Elijah's Lane Estates, Section 2' filed office of the clerk of the County of Suffolk, as Map No. on ,1996 Premises are not encumbered by a credit line mortgage SUBJECT TO a drainage easement over the southeasterly twenty (20) feet of said Lots 22 along Gabriella Court, as shown on the said map, for the installation, maintenance, repair and replacement of underground drainage rings and other underground drainage facilities within such easement areas. TOGETHER with an easement from the above mentioned premises to the nearest public highway TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to the said premises; TO HAVE AND TO HOLD the said premises granted unto the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement before using any part of the total of the same for any other purpose. The word 'party" shall be construed as if it mad 'parties' whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. In the presence of: STATE OF NEW YORK) COUNTY OF SUFFOLK) : SS On the/o~ay of ~_K_~/_~_~, 1996, before me personally came Buovodantona Aliperti, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they executed the same. Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, NY 11778 Notary Public UNDA J. cOOPER NOta~f Pdb C, State of New York/3 4822563. Suffolk Cot~ntY Terml~°~=xpifes DecemL~'r ~ I, 1 ~ ~---/-~' PLAzNNING BOARD ~.~IEMBERS RICHA-RD G. WARD Chairman GEORGE RITCHIE LATHAM, BENNETT ORLOWS~, ~LLL~ J. CREMERS ~NNETH L. EDW~S Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765q 1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 17, 1996 V.A. Bobelis Burton, Behrendt, Smith, O'Callaghan, P.C. 244 East Main Street Patchogue, New York 11772 RE: Elijah's Lane Estates, Sections 2 & 3 SCTM# 1000-108-4-7.1 File ~ 87-162, 87-359 Dear Mr. Bobelis: Attached please find a copy of the notation I added to the mylars and paper prints for the above mentioned subdivision. Please call if you have any questions regarding the above. Sincerely ~vlenssa ~plre_~/ Planner enc. 150.02' MAP OF ELIJAH'S LANE £STATES SECTION 2 462.9T ISUBJECT Jl-lb, I PACES -I ¥O CO~NANTS AND R£STRICTIONS UBER SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES --' APR ! 0 1998 HAUPPAUGE, NEW YORK THIS IS TO CERTIFY lt-lAl ME PROPOSED ARRANGEMENT~ FOR WATER SUPPLY w~E ~PROV~D O~ ME ^~OV~ D^T~. ~ESE FAaUDES WUST C~F~ TO PLAN IS ~LY R~ N~ ~E C~NTY ~ERK ~IN ~E ~ ~ ~lS DA~. '~ JOSEPH H BALER. P.[ ALL IMPROVEMENTS TO BE MADE PLANNING BOARD AND HIGHWAY DEP/ THIS SUBDIVISION WILL APPEAR IN BLOCK 04, P/O LOT 7.1 OF THE %~UF,' THIS PROPERTY IS SERVED BY: MATTITUCK POST OFFICE M A TTI TU CK-.CU TCH OGU E MATTITUCK FIRE DISTRI( LONG ISLAND LIGHTING 119: SCHC NOTES: 1. 'DEEP WELLS REQUIRED TO MEET 2. THIS SUBDIVISION HAS BEEN DESIG ACCORDANCE WITH SECTION 278 CODE OF SOUTHOLD. AS A CONDITION FOR THE APPROVAL APPLICATION, THE DECLARANT AGREES ON LOTS 5 AND 6. THAT SAID LOTS ~ TIME AS INDIVIDUAL ON-SITE WE~; C OF THE DEPARTMENT OR THE SUE~'JEC; WATER SUPPLY. PLANNING BOA.RD M~EMB~ RICHa~RD G. WAt~D Chairman GEORGE RITCHIE LATI~L%M, JR. BENNETT ORLOWStCI, JR. W~LLIAM J. CI~EMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-3.938 PI. akN-NING BOARD OFFICE TOWN OF SOUTHOLD James Richter, Road Inspector Highway Department Peconic Lane Peconic, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map (Dated / / ) Preliminary Subdivision Map (Dated / / ) Final Subdivision Map (Dated / / ) Road Profiles (Dated / / ) Grading and Drainage Plans (Dated / / ) Other ,~-3 I~. (Dated Sketch Site Plan Preliminary Site Plan (Dated / / ) (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) Contact person: OFFICE OF THE ALIPERTI'S 1138 Wm Floyd Pky Shirley, N.Y. 11967 (516) 281-2646 Fax: (516) 281-8006 FAX TRANSMITrAL SHEET DATE: TIME: NUMBER OF PAGES (including cover sheet): FAX NO.: FROM: RE: COMMENTS: (/ ' // ... ** Contact sender if you do not receive all pages or if copy is not legible. BURTON BEHRENDT SMITH O'CALLAGHAN, P, C. ENGINEERS ARCHITECTS SURVEYORS 244 ~:~ST MAIN STRE_~-T RATCHOGLI~. NEW YORK 11772 (516) 475-0349 FAX (516) 475-0361 CHARI_~S G. BURTON, L.S. JAMES B. BEHRENOT, L.S. ROGER P. SMITH, R.A, JAMES W. O'CALL~GHAN, R.E. August 21, 1996 Town of $outhold Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attention: Melissa Spiro, Planner Re: Elijah's Lane Estates Section 2 and 3 Our File No. 87-162, 87-359 Dear Ms. Spiro: As per your comment letter dated August 13, 1996 to Mr. Aliperti on the above referenced subdivisions, our office has no objection to the Planning Department adding the declaration to the final mylars and paper prints in your possession. We would request a copy of any changes be forwarded to our office for our records. Thank you for your attention to this matter. If you have any questions or comments, please do not hesitate to contact our office. Very truly yours, V. A. Bobelis Project Engineer VAB:cr Submission Without a Cover Letter Sender= Date: Subject: SCTM#: Components: STATI DIVISION OF CORFORATIONS~ AN~I~S~TATE RECORDS i62 WASHINGTON AVEN ALBANY~ NY t22S1 FILING RECEIF'T ENTITY NAME ELIJAH'S LANE ESTATES HOME OWNERS ASSOCIATION, INC. DOCUMENT TYPE SERVICE COMPANY DOMESTIC (NOT-FOR-PROFIT) CORF'ORATIO TYPE: A COUNTY: SUFF UNITED CORPORATE SERVICES SERVICE CODE: 37 FILED: 0T/t9/i996 DURATION: PERPETUAL CASH 0: 9607t9000352 FILM ADDRESS FOR PROCESS C/O BUOVODANTONA ALIPERTI 8~ HALLOCK LANE ROCKY POINT, NY ti778 REGISI'EREIT AGENT EXIST DA' 07/~ 9/1 9'- FILER FEES ttO.00 PAYMENTS CERTILMAN BALIN ADLER & HYMAN, LLP FINANCIAL CTR. - 90 MERRICK AVENUE EAST MEADOW, NY t1554 FILING TAX CERT COPIES HANDLING: 75.00 CASH : 0,00 CHECK : 0,00 BILLED: ttO.O t0.00 25.00 REFUND: ::::::::::::::::::::::::::::::::: .................................. ZZZZZZ ............ ~0S-t025 (ii/89) .............................................................. State of .'~ ev~' York Department of State 1 hereby certify that the annexed copy has been compared wixh the or~gina] documerd in the custod.' of the Secretary of SI. ate and thai the ~am.t i~ a tl'~e copy of ~id original. Special Deputy Secretary. of State CERTIFICATE OF INCORPORATION OF ELIJAH'S LANE ESTATES HOME OWNERS ASSOCIATION, INC. (Under Section 402 of the Not-for-Profit Corporation Law) IRA J. ADLER, being of the age of eighteen years or over, for the purpose of forming a corporation pursuant to Section 402 of the Not-for-Profit Corporation Law of New York, does hereby certify: FIRST: The name of the corporation is ELIJAH'S LANE ESTATES HOME OWNERS ASSOCIATION, INC. (the "Corporation"). SECOND: That the Corporation is a corporation as defined in subparagraph (a) (5) of Section 102 of the Not-for-Profit Corporation Law. THIRD: The purpose or purposes for which the Corporation is formed are as follows: A. To promote the health, safety and welfare of the residents of a residential community proposed to be developed by Buovodantona Aliperti, on lands situated on Mattituck, Town of Southold, County of Suffolk, State of New York; and for this purpose: (1) To own and maintain the internal roadway for community use, hereinafter referred to as the "Common Properties"; and (2) To enforce any and all covenants, restrictions and agreements applicable to the residential parcels within the above described residential community and the Common Properties, hereinafter collectively referred to as "the Properties", (the enforcement of which is not specifically and exclusively reserved to other party). B. To make and perform any contracts and do any acts and things, and exercise any powers suitable, convenient, proper or inciden[al for the accomplishment of any objectives enumerated herein and in the By-Laws of the Corporation, but not for the pecuniary profit or financial gain of its members, directors or officers except as permitted under Article 5 of the Not-for-Profit Corporation Law. C. The Corporation, in furtherance of its corporate purposes above set forth, si-,,~li have the powers enumerated in Section 202 of the Not-for-Profit Corporation Law, subject to any limitations provided in the Not-for-Profit Corporation Law or any other statute of the State of New York. FOURTH: The Corporation shall be a Type A Corporation pursuant to Section 201 of the Not-for-Profit Corporation Law. FIF'FH: This Certificate may be amended pursuant to the provisions of the Not-for- Profit Corporation Law. SIXTH: The office of the Corporation will be located in the County of Suffolk. SEVENTH: The Secretary of State is hereby designated as the agent of this corporation upon whom process against this corporation may be served. The post office address to which the Secretary of State shall mail a copy of any process against this corporation served upon him as agent of this corporation is: c/o Buovodantona Aliperti, 81 Hallock Lane, Rocky Point, New York 11778. EIGHTH: The name and address of the initial Board of Directors are as follows: Buovodantona Aliperti, Josephine Aliperti and Carmine Aliperti, all with a business address at 81 Hallock Lane, Rocky Point, New York 11778. 2 IN WITNESS WHEREOF, I have made and signed this Certificate this 15th day of July, 1996, and, to the best of my knowledge, I affirm the statements contained herein as true under penalties of perjury. The Financial Center at Mitchel Field 90 Merrick Avenue East Meadow, New York 11554 STATE OF NEW YORK COUNTY OF NASSAU SS.: On this 15th day of July, 1996, before me personally came IRA J. ADLER, to me known and known to me to be the individual described in and who executed the~foregoing instrument, and he duly acknowledged that he had executed the same. / / / I ' ~ I~o~'a~'~"~blic CERTIFICATE OF INCORPORATION OF ELIJAH'S LANE ESTATES HOME OWNERS ASSOCIATION, INC. Under Section 402 of the Not-for-Profit Business Corporation Law of the State of New York Certilman Balin Adler & Hyman, LLP Financial Ctr - 90 Merrick Avenue East Meadow, New York 11554 State of New York) : SS County of Suffolk) Buovodantona Aliper[i being duly sworn deposes and says: In connection with the final approval of Elijah Lane Estates Section 3 I hereby represent and warrant to the Town cf Southold and its Planning Board, that I will construct the cul de sac within Section 3 with a pavement radius of 44 feet in accordance, ~..,with the item no. 4 of the resolution adopted by the planning board on July 8,~ ~_ Buovodantona Aliperti Sworn to before me August ~. ~' , 1996 N~y I~blic ' - JOYCE M. WILKINS Notary Public, State of New ¥o~ No. 4952246, Suffolk Coun~f Term Expires June 12, 19_~ ' , ELXO'%IT CONSULTIN'G GROUR N,C. August 22, 1996 Freedom of Information Officer Town of Southold Building Department Main Road Southold, New York 11971 1996 ~%h (516) 499-2222 F~: (516) q99o5928 Re: Freedom oPInformation Request Elijah's Lane F,~tates Elijah's Lane at Rachael's Road Mattimck, New York Dear Freedom of Information Officer: This letter serves as a Freedom of Information request to review building department records maintained by your office for a 20 lot residential subdivision known as Elijah's Lane Estates, located on Gabriella Court (a private road), off of Elijah's Lane and Rachael's Road, Mattimck, New York. The Suffolk County Tax Map Nos. are District 1000 - Section 108 - Block 4 - Lots 1 through 27 (excluding lot nos. 4, 5, 6, 13, 14, 24 and 27). The developer is George Wieser. This information is necessar~ to complete an environmental assessment of the property for which we have been retained to perform. Please contact our office when records are available for review. Thank you for your time and anticipated cooperation. Sincerely, FREUDENTHAL & ELKOWlTZ at-vis Environmental planner PP/ba enc. THIS INDENTURE, made the day of .~ ¢~/Y~'',,~''~, nineteen hundred and ninety six. BETWEEN, Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, party of the first part, and Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, 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, bounded and described as follows: BEGINNING AT A POINT on the northwesterly terminus of Gabriella Court as shown on the Map of Elijah's Lane Estates, Section 3, said point being distant 613.91 Feet northerly as measured along the easterly side of Gabriella Court from the end of a curve connecting the northerly side of Tabor Road and the easterly side of Gabriella Court. THENCE southerly along the northwesterly terminus of Gabriella Court along the arc of a curve bearing to the left having a radius of 50.00 Feet and a length of 78.55 feet. THENCE westerly S 52 degrees 19 minutes 20 seconds West 232.05 feet to the land now or formerly of Grabowski. THENCE northerly along the land now or formerly of Grabowski N 34 degrees 42 minutes 50 seconds West 346.37 feet; N 36 degrees 31 minutes 50 seconds West 423.50 feet and N 40 degrees 09 minutes 50 seconds West 124.25 feet to land now or formerly of the Long Island Railroad (L.I.R.R.). THENCE easterly along land now or formerly L.I.R.R. N 46 degrees 11 minutes 40 seconds East 539.62 feet to the westerly map line of the Map of Elijah's Lane Estates, Section 1. Thence southerly along the westerly line of said map S 38 degrees 14 minutes 50 seconds East 871.26 feet. Thence westerly S 52 degrees 19 minutes 20 seconds West 284.11 feet. Thence southerly S 37 degrees 40 minutes 40 seconds East 29.84 feet to the point or place of BEGINNING. Premises are not encumbered by a credit line mortgage SUBJECT TO an open space conservation easement, the terms of which are described in the Declaration of Covenants and Restrictions recorded on July 10, 1996 in the office of the Sufffolk County Clerk, in Liber 11781 page 972 TOGETHER with an easement from the above mentioned premises to the nearest public highway TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to the said premises; TO HAVE AND TO HOLD the said premises granted unto the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. In the presence of: ~ '~uovodantona Aliperti STATE OF NEW YORK) COUNTY OF SUFFOLK) : SS On the.-,~day of ~ , 1996, before me personally came Buovodantona Aliperti, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they executed the same. Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, NY 11778 JO¥CE M. WILKINS Notary Public, State of New York No. 4952246, Suffo k County Term Expires June -/ ineteen hundred and ninety six. THIS INDENTURE, made the day of BETWEEN, Buovodantona Aliperti, residing at 81 Halleck Lane, Rocky Point, New York, party of the first part, and Buovodantona Aliperti, residing at 81 Halleck Lane, Rocky Point, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, 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, know and designated as lots 21 and 22 as shown on the 'Map of Elijah's Lane Estates, Section 2" filed office of the clerk of the County of Suffolk, as Map No. on , 1996 Premises are not encumbered by a credit line mortgage Subject to a 20 foot wide drainage easement located half on lot 21 and half on lot 22 as shown on the said 'Map of Elijah's Lane Estates, Section 2" including the installation, maintenance and 'repair of any drainage facilities. TOGETHER with an easement from the above mentioned premises to the nearest public highway TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to the said premises; TO HAVE AND TO HOLD the said premises granted unto the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. In the presence of: STATE OF NEW YORK) COUNTY OF SUFFOLK) : SS On the~.9'day of (~.~-od~<-~.~-~' ,1996, before me personally came Buovodantona Aliperti, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they executed the same. Not ic Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, NY 11778 JOYCE M. WILKIN~ /'!otary Public, State of New York i',lo. 4952246, Suffo k Counly 'Term Exp res June 12, 19_~ THIS INDENTURE, made the day of ..P- ~ ~r~ nineteen hundred and ninety six. BETWEEN, Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, party of the first part, and Elijah's Lane Estates Home Owners Association, Inc,, a domestic corporation, with offices % Buovodantona Aliperti 81 Hallock Lane, Rocky Point, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, 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, described as follows: BEGINNING AT A POINT on the northerly side of Rachael's Road, as shown on the Map of Elijah's Lane Estates, Section 1, said point being distant 484.36 feet westerly from the end of a curve connecting the northerly side of Rachael's Road and the westerly side of Elijah's Lane. Thence southerly South 5 degrees 45 minutes 43 seconds West 50.00 feet to the westerly side of Gabriella Court; thence northerly along the westerly side of Gabriella Court along the arc of a curve bearing to the right having a radius of 175.00 feet and a length of 142.21 feet and North 37 degrees 40 minutes 40 seconds West 596.66 to a point. Thence westerly along the southerly side of Teresa Lane along the arc of a curve bearing to the left having a radius of 25.00 feet and a length of 39.27 feet and South 52 degrees 19 minutes 20 seconds West 245.08 feet to land now or formerly of Grabowski, North 37 degrees 02 minutes 50 seconds West 50.00 feet. Thence easterly along the nodherly side of Teresa Lane North 52 degrees 19 minutes 20 seconds East 244.54 feet and along the arc of a curve bearing to the left having a radius of 25.00 feet and a length of 39.27 feet to the westerly side of Gabriella Court; thence northerly along the westerly side of Gabriella Court North 37 degrees 40 minutes 40 seconds West 656.82 feet and along the arc of a curve bearing to the left having a radius of 1,907.49 feet and a length of 136.36 feet along the arc of a curve bearing to the right having a radius of 1,957.49 feet and a length of 139.94 feet and North 37 degrees 40 minutes 40 seconds West 195.99 feet along the arc of a curve bearing to the left having a radius of 25.00 feet and a length of 21.03 feet and along the arc of a curve bearing to the right having a radius of 50.00 feet and a length of 241.19 feet to the easterly side of Gabriella Court. Thence southerly along the easterly side of Gabriella Court along the arc of a curve bearing to the left having a radius of 25.00 feet and a length of 21.03 feet South 37 degrees 40 minutes 40 seconds East 195.99 feet along the arc of a curve bearing to the left having a radius of 1,907.49 feet and a length of 136.36 feet along the arc of a curve bearing to the right having a radius of 1,957.49 feet and a length of 139.94 feet; thence along the arc of a curve bearing to the left having a radius of 25.00 feet and a length of 39.69 feet to the nodherly side of Tabor Road. Thence easterly along the northerly side of Tabor Road North 51 degrees 21 minutes 10 seconds East 230.10 feet to the northerly side of Tabor Road as shown on the Map of Elijah's Lane Estates, section 1, southerly South 38 degrees 14 minutes 50 seconds East 50.00 feet to the southerly side of Tabor Road. Thence westerly along the southerly side of Tabor Road South 51 degrees 21 minutes 10 seconds West 231.44 feet. Thence along the arc of a curve bearing to the left having a radius of 25.00 feet and a length of 38.85 feet to the easterly side of Gabriella Court. Thence southerly along the easterly side of Gabriella Court South 37 degrees 40 minutes 40 seconds East 1,253.47 feet and along the arc of a curve bearing to the left having a radius of 125.00 feet and a length of 101.57 feet to the POINT OR PLACE OF BEGINNING. Premises are not encumbered by a credit line mortgage TOGETHER with an easement from the above mentioned premises to the nearest public highway TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to the said premises; TO HAVE AND TO HOLD the said premises granted unto the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement before using any part of the total of the same for any other purpose. The word 'party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. In the presence of: odantona Aliperti STATE OF NEW YORK) : SS COUNTY OF SUFFOLK) On theo,O~/day of ~ ,1996, before me personally came Buovodantona Aliperti, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they executed the same. Record & Return to: Buovodantona Aliperti 81 Halleck Lane Rocky Point, NY 11778 JOYCE M. WILKINS Notary Publio, State of New Yol~ No. 4952246 Suffolk Counl~ Term Exp res June 12~ PLANNING BOARD M~MBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 13, 1996 B. Anthony Aliperti Box 149 Shirley, NY 11967 RE: Proposed Subdivision Elijah's Lane Estates Sections 2 and 3 SCTM# 1000-108-4-7.1 Dear Mr. Aliperti: I reviewed the information you submitted on August 7, 1996, with the Planning Board at the August 12, 1996, work session. Please find the following: The liber and page number of the filed Declaration of Covenants and Restrictions are noted on the final map. However, it is not noted on the map that. the Declaration was filed as required by the Planning Board. Such a notation must be put on the map. It is not necessary to return to the surveyor to have this notation put on the map. If you receive authorization from your surveyor, I will add it to the final myiars and paper prints. As you noted in your cover letter, the Performance Guarantee in the amount of $248,675.00 is still outstanding. As noted in the July 8, 1996, conditional final approval, the pavement radius for the cul-de-sac must be forty-four (44) feet, curb to curb. As we discussed, it is not necessary to re-submit an entire road and drainage plan to make this change. However, you must submit a letter, or a copy of the applicable road section, verifying that the road will be constructed with the 44 foot pavement radius. The information pertaining to the Homeowner's Association waa reviewed by the Town Attorney. The submission does not show that the association has been created or that it owns the roads. Prior to any endorsement of the final map the articles of Incorporation must be filed and a deed from the owner of the property (Aliperti) to the HOA must be submitted. Elijah's Lane Estates August 13, 1996 Page 2 The map for Section 2 shows a 20' wide drainage easement located half on proposed Lot 21, and half on proposed Lot 22. Although it was not included in the conditional final approval, deeds for these lots must be submitted prior to any endorsement of the final map. The deeds must indicated that the lots include the above mentioned drainage easement and that such easement is for the installation, maintenance, repair and replacement of drainage facilities. Please contact me if you have any questions regarding the above. Melissa Spirb-/-~ c Planner PLANNING BOARD M~MBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS E~NNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTI-IOLD To: FROM: RE: Judith T. Terry, Town Clerk Melissa Spiro, Planner irrevocable Offer of Dedication for Elijah's Lane Estates, Sections 2 & 3 SCTM# 1000-108-4-7.1 DATE: August 9, 1996 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 the original recorded document to De filed with the Town's records until such time that the Town wishes to accept the irrevocable Offer of Dedication. eric, MAP OF' S38'1 871.26' EL~ JA Z 'Z O THE AR~A LOCATED OUTSIDE OF THE BUI',.~ING KDR LOT ~ IS AN OPEN SPACE CONSERVATION ~'A~£~t~, N4-O'Og'50' W' ~24.25' N2E'"'l'50'W 423.50' N ./ T DENNIS C. VACCO Ira J. Adler, Esq. Certilman Balin Adler & Hyman 90 Merrick Avemnue ' East Meadow, New York 11554 STATE OF NEW YORK DEPARTMENT OF LAW (212) 416-8162 .lomq H. CAlOrY Deputy Attorney G~.netal July 23, 199,6., Re: Elijah's Lane Estate~HOA File No: NA96-111 Dear Mr. Adler: The Department of Law has received and reviewed your application dated July 16, 1996 for a "no-action letter" concerning a transaction involving the above premises, On the basis of the facts and circumstances stated in your letter and supporting documentation, the Department has determined that it will not take any enforcement action because the described transaction occurs without filing or registration pursuant to Section 352-e and Section 359-e of the General Business Law. We understand that it is your opinion as counsel that the transaction is not subject to those registration and filing requirements. This position is based solely upon the limited information supplied and representations made in your letter and supporting documentation. Any different set of facts or circumstances might result in the Department taking a different position. In addition, this letter only expresses the Department's position on enforcement action which could arise from the transaction occurring without filing or registration, and does not purport to express any legal conclusion on this or any subsequent transaction or offering. The issuance of this letter shall not be construed to be a waiver of or limitation on the Attorney General's authority to take enforcement action for violations of Article 23-A of the General Business Law and other applicable provisions of law. Very truly yours, MARISSA PIESMAN Assistant Attorney General MP/ADD Division of Public Advocacy · Real ~ Fin~cing Bu.~eau 120 Broadway, Ne? York, N.Y. 10271-0332 · Phone (212} 416-g100 -~$x (212) 416-$179 ,NOT FO~ S~vlc~ O~ PAV~I~.S AFFIDAVIT STATE OF NEW YORK ) COUNTY OF ) state the following: , being duly sworn does hereby depose and 1. I/We presently reside at 2. i/We have entered into a Purchase Agreement dated ,199 , for the purchase of Lot # , at ELIJAH'S LANE ESTATES HOME OWNERS ASSOCIATION, INC., in Mattituck, New York. 3. I/We have read Developer's/Sponsor's Affidavit in support of an application for a No-Action Letter, accepted for filing by the Department of Law on July 23, 1996 (NA96- 111). 4. I/We understand that no offering literature other than as required by the No- Action Letter will or has been provided to.~ne/us in connection with my/our purchase of the aforementioned Lot. 5. I/We have personally inspected the aforementioned Lot. Sworn to before me this day of ,199 . Notary Public DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS DECLARANT: BUOVONDANTONA ALIPERTI 81 Hallock Lane Rocky Point, New York 11778 DATE OF DECLARATION: CERTILMAN BALIN ADLER & HYMAN, LLP The Financial Center at Mitchel Field Attorneys for Developer 90 Merrick Avenue East Meadow, New York 11554 EXHIBIT C ARTICLE I. ARTICLE II. Section 1. ARTICLE III. ARTICLE IV. Section 1. Section 2. ARTICLE V. Section 1. Section 2. Section 3. ARTICLE VI. Section 1. Section 2. Section 3. Section 4. Section 5. ARTICLE VII. ARTICLE VIII. ARTICLE IX. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. EXHIBIT A EXHIBIT B TABLE OF CONTENTS DEFINITION .................................... ; ........................................ PROPERTY SUBJECT TO THIS DECLARATION Properties .............................................. ...~ ................................ MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION ................................................................ PROPERTY RIGHTS IN THE PROPERTIES .......................... Members' Easement of Enjoyment ......................................... Extent of Members' Easements ............................................... DEVELOPMENT OF ELIJAH'S LANE ESTATES .................... Elijah's Lane Estates ........................ . ........................................ Reservation of Easements ....................................................... Encroachments on Lots .............. , ............................................ COVENANT FOR MAINTENANCE ASSESSMENTS .............. Creation of the Lien and Personal Obligation .......................... Purpose of the Assessment ..................................................... Assessments ........................................................................... Due Dates; Duties o.f the Board of Directors ............................ Effect of Non-Payment of Assessment, The Personal Obligation of the Member; The Lien, Remedies of the Association .............................................................................. INSURANCE ............................................................................ USE OF PROPERTY ............................................................... GENERAL PROVISIONS ........................................................ Beneficiaries of Easements, Rights and Privileges .................. Duration and Amendment ........................................................ Disposition of Assets Upon Dissolution of Association ............ Notices ..................................................................................... Administration .......................................................................... Severability .............................................................................. Property Description ................................................................ By-Laws of Home Owners Association .................................... Page 2 3 3 3 3 3 3 4 4 4 4 5 5 5 5 6 6 6 7 7 7 7 8 8 8 9 AFFIDAVIT STATE OF NEW YORK ) : SS.: COUNTY OF NASSAU ) BUOVODANTONA ALIPERTI, being duly sworn does hereby depose and state the following: 1. BUOVODANTONA ALIPERTI, having an address at 81 Hallock Lane, Rocky Point, New York 11778 (hereinafter referred to as the "Developer/Sponsor") is proposing to offer for sale twenty-seven (27) homes (the "Homes") or lots (the "Lots") in a development known as Elijah's Lane Estates (the "Development") located in Mattituck in the Town of Southold, Suffolk County, NeW York. 2. This Affidavit is made in support of an application to the New York State Department of Law for the issuance of a No-Action Letter which would exempt .the Developer/Sponsor from the requirements of filing an Offering Plan for a Home Owners Association pursuant to General Business Law Section 352-e. 3. The Developer/Sponsor acquired lille lo the property by deeds dated December 31, 1986 and February 7, 1992, both recorded in the Suffolk County Clerk's Office. Copies 1 of the recorded deeds are annexed hereto as Exhibit "A". The Developer/Sponsor will be responsible for constructing all site improvements in the Development. 4. Developer/Sponsor intends to offer for sale twenty~even (27) Homes or Lots in the Development. These Homes or Lots will be conveyed to purchasers in fee simple ownership. The Developer/S~3onsor has formed the Elijah's Lane Estates Home Owners Association, Inc. (the "Association") for the sole purpose of owning and maintaining the private roadway in the Development. The Association will not be responsible for any other maintenance. The purchase price of a Home or Lot includes mandatory membership in the Association. The roadway will be offered for dedication to the Town of Southold. in accordance with the Town of Southold Planning I~oard Resolution of July 8, 1996, upon completion of the roadway and upon construction of Homes having $40,000 of assessed value per mile of roadway, the Town may accept dedication of the roadway. In such event, the Association's function will cease and th'~ Town of Southold will be obligated to maintain the roadway. 5. Annexed hereto as Exhibit "B" is the proposed budget for the estimated first year of operation of the Association and a Certification of Adequacy of the Budget. As set forth on Exhibit "B", the estimated annual Association Assessments will be less than three hundred twelve and 92/00 ($312.92) dollars per Home or Lot. The Association Assessments will be used merely to pay for liability' ~, ~.1,~ ance, snow plowing, accounting, and maintenance of the private roadway. 6. Annexed heretO' as Exhibit "C" is a copy of the proposed Declaration of Covenants, Restrictions, Easements, Charges and Liens ("Declaration") that will be recorded in the Office of the ~Clerk of the County of Suffolk, prior to the transfer of title to any Home or Lot in the Development. ~ 7. Annexed hereto as Exhibit "D" is a copy of the proposed By-LawS of the Association. 8. The Developer/Sponsor, its successors or assigns will provide each offeree ("Prospective Purchaser'') the following documents prior to accepting any down payment: (i) a complete copy of the application for the No-Action Letter and a copy of the No-Action Letter; (ii) a statement that the purchase price of the Home(s) includes the cost of membership in the Association; (iii) a copy of any mortgage or ground lease that will remain on Association property after transfer to the Association. (iv) a copy of any contract between the Sponsor and the Association. (v) a copy of the proposed deed of Association property from Sponsor to the Association. (vi) a copy of the recorded deed to the Association property by which Sponsor derived title or a copy of the contract of sale between the owner and Sponsor if Sponsor is the contract vendee; (vii). a copy of the most recent financial statement of income and expenses for the operation of the property, if applicable. (viii) information known to the Owner which may result in extraordinary expenses for members or for the Association including, but not limited to, assessments, liabilities, dangerous or hazardous conditions, pending litigation and administrative proceedings; (ix) evidence of compliance with local zoning laws and regulations, i.e. construction permits, ~oning resolutions, use permits, a certifidate Of occupancy if the Association includes any property or buildings; ='~ (x) disclosure of escrow account as require~'by Section 22.3(k)(2) of this part including the form for dispute resolution by the Attorney General; arid (xi) any other information as the New York State Department of Law may require to be presented to each prospective purchaser at the Development prior to accepting any down payment. 9. The Developer/Sponsor its successors or assigns will provide each prospective purchaser who enters into a Contract of Sale with the Developer/Sponsor its successors or assigns after the end of the first fiscal year of the Association, with a copy of the most recent financial statement for the Association. 10. The Developer/Sponsor will obtain an affidavit from each purchaser prior to the closing of title to a Home that is subject to this application and will provide to the Department of Law, within five (5) days of'the Department of Law's request, copies of said affidavits, which affidavits will contain the following information: a) b) c) d) Purchasers' name, residence, business address, and legal status. Purchasers' representation that he has read the Developer/Sponsor's affidavit submitted as a part of the application for a No Action Letter. ' Purchasers' representation that no offering literature, other than as required by the No Action Letter issued by the New York State Department of Law, will be provided. Purchasers' representation that he has illspected the subject property. 11. The Developer/Sponsor will hold all monies received directly or through its agents or employees in trust until the dosing of title or Developer/Sponsor will post a surety bond issued by a New York, insurance company or a letter of credit issued by an institutional lender securing repayment of such funds in the eve'ht the purchaser is entitled to such amount under the terms of the Contract of Sale. If no bond or letter of credit is posted, such funds will be held as trust funds pursuant to Section 352-h and Section 352- 2(b) of the General Business Law, in a special segregated account entitled "irwin Popkin IOLA Escrow Account", in Citibank N.A., 3295 Sunrise Highway, Wantagh, New York. The signature of Irwin Popkin, Esq., 863 Montauk Highway, Shirley, New York, 11967, as escrow attorney for the Developer/Sponsor, shall be required to withdraw any of such funds: 12. The Homes or Lots being offered in the Development will comply with all zoning and housing laws applicable to the Homes or Lots in the Development. 13. Neither the Developer/Sponsor nor any of its principals have participated in any other application for a No-Action Letter for either this Development or any other Development in which the Developer/Sponsor or its principals have had an interest in. WHEREFORE, the Developer/Sponsor requests that the Department of Law issue a "No-Action" letter which would exempt the Developer/Sponsor from the requirement of filing an Offering Plan for the aforesaid Development on the grounds that the filing of an Offering Plan pursuant to General Business Law Section 352-e is not necessary to effectuate the purposes of Gl~neral Business Law Article 23-A or necessary to protect the public interest. I~d'OVONDANTONA ALIPERTI i~.orn to before me this hday of July, 1996. "-~' ¥ '-'N~o~ry Pul~lic I -~ /' KA~II.[EN M McKNIG~ ~Y PUBLIC, Sta~ M N~ Y~ No. ~4~ mmi~ion ~pi~ 6 DISTRICT SECTION BLOCK LOT 0~7. O01 ¢OHSULT YOUR I, AWYIIt IIPODI SIGHI#~.THtS I_NSTRWIi~T :THIS IHSTIUMIHT SHOULD II . . ~ /., ~,~,~.J THIS INDEN~R~ made Ihe 31s~ day of decembez , n{neleen hundrt, d B~N ZA~I~SKI FARMS, INC., a domestic corporation h~vina principal place o~ husines~ at c/o ~ance~ Stelz~r, (~o I) tdarv.s ~oad, Mattituck~ ,ew York partyoflhefirstparl,and .RtJOVODANTONA ALIPRRTI, residina at R1 Hsllock Lane, Rocky Point, New York and IRWIN POPRIN, residing at ~ontauk ltiahway, Shirley, New York " party o{ the second part, WITNESSETH, that the party of the first part. ~n consideration of ten dollars and o~h~r valuable conslderalion paid by the party of the second part, does hereby grant and release onto the party of t e'second part. the heirs ALL that certain plot. piece or parcel of land, w~h 4~-~in~.-a~41~mpmvemenKd~e~,e~x~e¢~d, situate. lylngand~ingiR::~:-x at Ha:~t:u~k, ~vn o~ Sou~hol~, C~unLv ~ Su[~o~k and 5:a~e og New York, bound~ and ~eserLbe~ as ~o~ows: REGINN~G a~ a ~tn~ on ~he nou~her~y sLde o~ ~an~ ~ L~e bono Ts~and Rat~road~ d~s:an: 25~ ge~ nou~hven~etty aR meamsre~ sat~ rand From t~s tn~ernec~[on vt~h ~he ~ou~hwe:~Ler~v uhle or E~[~ahSs hanel runn[nq ~henee 5o~h 38~ 14~ 50" Ran: a~onq :he westerly ~tne or ~ao og ~t~ah's bane Rsea~e~, Mao N~. ROK5, 2~5~.22 ~ee~ ~o a ~otn:t ~hen~e ~oo~h 51' 21s 1~" ~es~, 9~.3R ~ee~ eo a gnash 51' 21s 10" ~es~, .1~69.1q Fee: ~o a pntn:g ~hence on a curue Lhe rtqh~ w~h a radt~s oE TS.P0 fee~, an ar~ ~Ls:an~e oF ~2.~2 ~e~ ~o a potn~ ehen~e 8oueh 51' 21' 10" West, 27R.~T ~ee~ :o a open: the easterly side oE land of Ranch Grabownkl~ thence along sa~d land, the followin~ 8 courses and distances (1) North 38' 30' feet to a point; (3) North 37' 36' 50" West, 297.63 [eet to a point; (a) North 37' 02' 50" West, 5~.~7 feet to a ~int: (5) North 31' 50" ~est, 643. 6g feet to a Point: {6) North 34' 42' 5~" West, ag2.40 feet .to a ~int; (T) North 36' 31' 50" West, 423.~ feet to n ooint~ and ;.~ North a0' 09' 50" Nest, 124.25 feet to a point on the North 46' 11' 40" East, ~3g.62 feet to the point or place of SUBJECT to covenants and restrictions as set forth in Liber 75g~ 202 and am amende~ in Liber 7R20 cp 56q. TOGETHER with rights-of-way, with others, over Rebeka's Roa~, Tabor [.'r'/(.'cgT~% ZANIESKI FARMS, INC. Stl~O~ Y, Frances Stelzer, Vl~ P~esident mat she res,des at No. (No #) Mary s Road Mattituck, w Y rk $ h,' is the ~ce ~restdent ZANIESKI FARMS, INC. On the day o( 19 . belore mc personally came Io ine known to be the individual descrlbcd in and ~ho On the day o! 19 . bcfo:e mr wh~m ] am personally acquainted, who, bean{ by mf duly. described in and who executed the fore;oinK instrume~{; IRWIN l:'OHLm, ESQ. 875 Montauk Kill,cay , Shirley, New York 11967 RUOVODANTONA ALIPERT! a~d IRWIN POPKIN, grantse~ TOG~TH£~ with the right of use, with others, as tn,the oark asa re~geation area as set forth on the Map o~ Eli~ah's L~ne file~ in the Suffolk Co,mty Clerk's Office on rebruav~ ~a~ No. 60~5. R~ING AND INTENDED to he the same premises conveyed to the the first part by deed dated July 22, lqTG ma~e by Joseph d/b/a Rli~ah's Lane Estates and recorded in the Office of hie clerk of the County fo Suffolk on August 24, 197R in Ltber 8~2 Of Conveyances at Page uist 1000 10$1. O0 LO' II~ILII'bUOI party o! the first part. a~ {3UC~;CO~TCX~A ALIPERTI, residing at 81 }~ll6ck Lane, Rc~ky Point, New York par~. o! the secomi part, WTtNE.qSET~ that t~ ~ei~ ~ld intende~ ~o bo ~le pr~nisas conveyed to the ~rties t~=x~-to by de~d dated Dec~ber 31, 1986 .a~_recorded on January 20, 1987 in tJ~e office Of ~le Suffolk County clerk in Liber 10225 Page 46 The w~d z'~m;~;' s~ ~nstrued as if tt read "partzes when~er the s~se of this indenture On the day of 19 . before me er~nally crime On the dny o[ 19 , beiore me TO ~tato of New York, ~un~ a~ deserih~-.,as follows~ nEC, INNING at a ooint on the southerly side of lanrl of .the Lonq Island ~llroad, dl.~tant 250 feet southwesterly as measured alonq said lam) from its intersection with th~ southwesterly sid~ nF Elttah'~ Lane~ running thence South 18' ~4' 50' East alon~ ~int: thenc~ South 3~' 38' 50" E~st, ~0.~O feet to a ~lnt~ thence ~uth 5~' 2~' ~' west, ~6~.~ feet to a point~ thence on a curve tc the rioht with a raaiu~ o~ ~5.~0 f~t, an a~c distance of g~.l~ feet to a point: the,c~ South ~' 2~' ~0' We~t, 2~6.~ ~eet to a ~o].nt the eagtorly si4, nf land of hones Grabow~kt: thence along lan4, the followina ~ cournes a~ ~l~tances (1) North ]R' 30' west, lq7.78 feot tn a ~lnt~ (7) 'North ]R' ~2' Sa" ~est, feet to a po[nil {11 North 37' 3R' 5~' Wegt, 29T.~ feet to a point~ (4) North 37' 02' 50' West, ~6.~ feet to a ~tnt: (5) "orth ~1' 50" WeSt, 64~. ~0 feet to a ~oint) iA) North ~4' 42' 50" West, 4q2.40 feet to a ~tnt~ (7) North ]A' Ii' 50" We~t, 42~.}0 (eet to r oolnt= a~ iR) North 40' 09.' 5~" ~est, 124.2~ (eot to a ootnt ~outherl? sid~ o~ the ~nq.'~slan~ Railroad~ thence along sai~ land North 46' 11' 40" Esot, ~1~;~2 feet to the point or ola~ SU[~JECT to covenant.~ and reStrtctionn as r-t forth in Libor ?~q2 cp 202 an,! TO~.,ETHER with rights-of-way, with others, poa~ and Racbae~.'s Road. over Rebeka'9 i~oa~l, Tabor SCHEDULE A PROJECTED BUDGET FOR FIRST YEAR OF (~ERATION OF ... ELIJAH'S LANE ESTATES HOME OWNERS ASSOCIATION, INC. FOR THE PERIOD OF APRIL 1, 1997 THROUGH MARCH 31, 1998 INCOME Maintenance Charges (27 Members) ($ 312.92 per year per Member) $ 8,449.00 EXPENSES Insurance (1) Audit (2) Reserve for Maintenance of Roadway (3) Franchise Taxes (4) Electric (5) Snow Plowing (6) TOTALEXPENSES $ 320.00 3,000.00 2,000.00 429.00 1,200.00 1.500.00 8,449.00 Estimated Annual Cost Per Member - $ 312.92 Estimated Monthly Cost Per Member - $ 26.08 EXHIBIT "B" FOOTNOTES TO SCHEDULE A Provides for general liability insurance coverage of $1,000,000 for each occurrence and $2,000,000 general aggregate. Based upon quotation from Borg'& borg, Inc., 148 East Main Street, Huntington, New york 11743-2909. Provides for preparation of annual financial statement"and preparation of Federal and State Tax returns. Based upon letter received from Jerome S. Raifman, CPA., 405 Fort Salonga Road, Northpo~t, New York by letter dated July 11, 1996. Provides for a reserve for maintenance of the private roadways. The roadways will be newly constructed to town specifications. The amount of franchise taxes represents the minimum amount assessed by the State of New York. The estimate provided by Sapanaro and Sons, Inc., 102 Oak Avenue, Shirley, New York, covers the operation and maintenance of four (4) streets lights at the Development. Provides for basic snow plowing of the roadway. Based on estimated i995 snow season. Based on estimate received from Pro's Salvage Co., Inc., 1407 Montauk Highway, East Patchogue, New York 11772. SCHIFFER MANAGEMENT GROLiP 10 Mitchell Road Westhampton Beach, NY 11978 Tel: 5~6-288-4343 Fax: 516-288-4772 State of New York July 15, 1996 Department of Law 120 Broadway- 23rd floor New York, New York 10271 Property Management Elijah's Lane Estate consulting Home Owners' Association The Sponsor of the above-captioned Home Owners Association has retained me to review the schedule containing projections of income . and expenses for the first year of operation. My experience in this field includes the current management of two (2) multi-family properties with many similarities to the captioned property as well as more than fifteen (15) years experience in managing. condominiums and cooperatives. I understand I am responsible for complying with Article 23-A of the General Business Law and the re§ulations promulgated by the Attorney General in Part 22 insofar as applicable to the schedule. I have reviewed the schedule and investigated the facts set forth in the schedule and the underlying facts with due diligence in order to form a basis for this certlficatio.~l have also relied on my experience in managing residential property. I certify that the projections in the schedule appear reasonable and adequate under existing circumstances, and the projected income appears to be sufficient to meet the anticipated operating expenses for the projected first year of Home Owners' Association operation. I certify that the schedule: 1) sets forth In detail the projected Income and expenses for the first year of Association operation; 2') affords potential Investors, purchasers, and participants an adequate basis upon which to found their judgment concerning the first year of operation as a Home Owners Association; 3) does not omit any material fact; · 4) does not contain any untrue statement of a material fact; 5) does not contain any fraud, deception, concealment or suppression; 6) does not contain any promise or representation as to the future which is beyond reasonable expectation or unw~ranted by existing circumstances; (7) does not contai~ any representation or statement which is false where I a) knew the truth, b) with reasonable effort could have known the truth, c) made no reas'onable effort to ascer- tain the truth, or d) did not have knowledge concerning the the representations or statements made. I iurther certify that I am not owned or controlled by and have no beneficial interest in the Sponsor..I understand that a copy of this certification is intended to be incorporated into the Offering Plan. This statement is not intended as a guarantee or warranty of the income and expenses for the first year of operation as a Home Owners' Association. This certification is made under penalty of perjury for the benefit of all persons to whom this off. er is made. I understand that violations are subject to the civil and crimin~il-penalties of the General Bus,ess Law and Penal Law. _ Sworn to before me this /~/'~day of J~Z 1996 IRA J. ADLER NOTARY PUBUC. St~t~ o~ N~ No. ~21 ~2 Very o dos~f~ b"'rl! 'Sch!ff ,., . DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS DECLARANT: BUOVONDANTONA ALIPERTI 81 Hallock Lane Rocky Point, New York 11778 DATE OF DECLARATION: CERTILMAN BALIN ADLER & HYMAN, LLP The Financial Center at Mitchel Field' Attorneys for Developer 90 Merrick Avenue East Meadow, New York 11554 EXHIBIT C ARTICLE I. ARTICLE II. Section 1. ARTICLE III. ARTICLE IV. Section 1. Section 2. ARTICLE V. Section 1. Section 2: Section 3. ARTICLE VI. Section 1. Section 2. Section 3. Section 4. Section 5. ARTICLE VII. ARTICLE VIII. ARTICLE IX. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. EXHIBIT A EXHIBIT B TABLE OF CONTENTS DEFINITION ................................... ~ .................... ;. ...... : .......... PROPERTY SUBJECT TO THIS DECLARATION .................. Properties ................................................................................ MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION ............................................................... PROPERTY RIGHTS IN THE PROPERTIES .......................... Members' Easement of Enjoyment ......................................... Extent of Members' Easements ............................................... DEVELOPMENT OF ELIJAH'S LANE ESTATES .................... Elijah's Lane Estates ........................ ........................................ Reservation of Easements ....................................................... Encroachments on Lots .......... ... ............................................... COVENANT FOR MAINTENANCE ASSESSMENTS ....... ....... Creation of the Lien and Personal Obligation .......................... Purpose of the Assessment ..................................................... Assessments ........................................................................... Due Dates; Duties of the Board of Directors ............................ Effect of Non-Payme'~ of Assessment, The Personal Obligation of the Member; The Lien, Remedies of the Association ................. . ............................................................ INSURANCE ............................................................................ USE OF PROPERTY ................................... : ........................... GENERAL PROVISIONS ........................ : .................... ~ .......... Beneficiaries of Easements, Rights and Privileges .................. Duration and Amendment ........................................................ Disposition of Assets Upon Dissolution of Association ............ Notices ..................................... *. .............................................. Administration ............................................. ............................. Severability .............................................................................. Property Description .......... , ..................................................... By-Laws of Home Owners Association .................................... J. Page 2 3 3 3 3 3 3 4 4 4 4 5 5 5 5 6 6 6 7 7 7 7 8 8 8 9 DECLARATION OF COVENANTS, RESTRICTIONS EASEMENTS, Ci IARGES AND LIENS Declaration made es of this day of ,199 , by BUOVONDANTONA ALIPERTI, whose principal office is situated at 81 Hallock Lane, Rocky Point, New York 11778, hereinafter referred to as the "Developer". WITNESSETII: WllEREAS, Developer is the owner of the real property described in Article II of this Decl~r~!i<)~ wl~ich the Developer its successors or assigns desires to develop as a resid~ ~;i q communily with a private roadway (the "Common Area") for the benefit of said Community; and WHEREAS, Developer desires to provide for the preservation of the values and amenities in said Community and for the maintenance of the Common Area; and, to this end, desires to subject the real property described in Article II to the covenants, restrictions, easements, charges and liens, hereinal'ter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said Community to create an agency to which should be delegated and assigned the power.~ of maintaining and administering the Common Area and administering and enforcing Ihe covenRnts and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WI IEREAS, Developer has incorporated Elijah's Lane Estates Home Ow~''.~ Association, Inc. under the not-for-profit corporation laws of the State of New York fur ;.i ,. purpose of exercising the aforesaid function.~; NOW~ TllEREFORE, the Developer, for itself, its successors and assigns, declare~ that the real propelty desclibed in Article II is and shall be held, transferred, sold, conveyed al~d occupied subject to the covenants, resbictions, easements, cha[ges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I. DEFINITIO._N~ - The following words when used in this Declaration or any Supplemental Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to Elijah's Lane Estates Home Owners Association, Inc., a New York Not-for-Profit corporation. '~ (b) 'rrhe Properties" shall mean and refer to all such existing properties, as are subject to this Declaration. (c) "Home" shall mean and refer to all units of residential housing situated upon The Properties. (d) "Owner" shall mean and refer to the record owner of fee simple title to any Home, including tile Developer with respect to any unsold Home. Every Home Owner Shall be treated for all purposes as a single owner for each Home held, irrespective of whether such o~ership 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 cast any vote to which such ov~3ers are, entitled and not more than one vote may be cast with respect to any such home, (e) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set fodh in Adicle III. (f) "Development" shall mean Elij~h's Lane Estates, consisting of twenty-seven (27) building Lots (the "Lots") upon which the Developer, his successors and assigns has the right to construct twenty-seven (27) homes on The Properties. (g) "Developer" shall mean and refer to Buovondantona Aliperti and its successors and assigns, if such successors and assigns should acquire any undeveloped or a developed but unsold portion of the Propedies from the Developer for the purpose of development or sale. (h) "Common Area or Common Propedies" shall mean and refer fo the private roadway located in the Properties to be owned and maintained by the Association, end intended to be devoted to the common use of the owners of the Properties. (i) '"Lot" shall mean and refer to any plot Of land intended and subdivided for residential uses shown on the plot plan of the Properties. ARTICLE II. PROPERTY OUBJECT TO THIS DECLARATION_ Section 1. Properties. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of land situate, lying and being in Mattituck, Town of Southold, Sbffolk County, New York, being more particularly~ bounded and described in Extlibit "A" annexed hereto. ARTICLE III. MEMBERSltlP AND VQ_T_ING RIGHTS IN TttE AS_S_O._CJATION The Association shall have one class of membership interest. The owner of each Home on The Properties subject to this Declaration shall be a member. Each member is entitled to one vote. When more than one person or entity holds such interest in any Home, the one vote attributable to such Home shall be exercised as such persons mutually determine and not more than one vote may be cast with respect to any such Home. For purposes of this section the word "tiome" shall have the same meaning as "Lot" and thelefore if there is no Home constructed on a particular Lot in the Development, the owner of such Lot will still be considered a Member entitled to cast the one vote as set forth above. No Member shall split or divide its votes on any motion, resolution or ballot. ARTICLE IV. PROPERTY RIGitTS IN THE PROPERTIES Section 1. Members' Easemed~.of Enjoyment Subject to the provisions of Section 2, every Member shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every Home. Section 2_. Extent of Meptbers' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) Tile right of tile Association to dedicate or transfer all or any part of lhe Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by all Members and their mort~)agees agreeing to such dedication, trane[er, purpose or Condition and unless written notice of the action is sent to every Member at least ninety (90) days in advance of any action taken. (b) A right-of-way and easement to the Association in, through, under, over arid across the Common Area for maintenance and inspection. (c) The right Of the Developer and of the Association to grant and reserve easements and rights-of-way, in, through, under, over and across the Propedies, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, gas, drainage, cable television and other utilities, and the right of the Developer ,to grant and reserve easements and rights-of-way, in, through, under, over, upon and across the Properties for the completion of the Developer's work under Section 1 of Adicle V. .~ ARTICLE V. DEVELOPMENT OF ELIJAH'S LANE ESTATES Section 1. E_li_jah's Lane Estates. Developer has the right to build twenty-seven (27) single family Homes on the Lots in the Development. Section 2, Reservatio~n of Easements. Developer reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under and across the Properties, for the pu[pose of completing its work under Section 1 above and towards this end, reserves the right to grant and reserve easements and rights-of-way in, thro'.~gh, under, over and across tile Properties, for the installation, maintenance arid inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary for the completion of the work. Developer also reserves the right to connect with and make use of the utility lines, wires, pipes, conduits, cable television, sewers and drainage lines which may from time to time be in or along the streets and roads of other areas of the Properties. In addition, Developer and any Selling Agent retained by Developer reserves the right to continue to use the Properties and an~sales offices, model homes, unsold Homes, construction trailers, signs, and parking spaces located on the Properties in its efforts to market homes constructed on the Properties. Section 3. Encroachments on Lots. In the event that any portion of any fence, roadway, walkway, Common Area, water lines, sewer lines, utility lines, or any other structure, as originally constructed by Declarant, encroaches on any Lot or the Common Areas, it shall be deemed that the Owner of such Lot or the Association has grantad a perpetual easement to the Owner of the adjoining Lot or the Association, as .the case be, for continuing maintenance and use of such encroaching fence, roadway, walkway, Common Area, water line, sewer line, utility line, or structure. The foregoing shall apply to any replacements of any such fence, roadway, walkway, Common Area, w~[er line, sewer line, utility line, or structure if same are constructed in substantial conformance to the origir{al. In the event any Common Area is disturbed by an Owner as a result of repair, maintenance or replacement to any of the above which services that Owner's Lot or any Home constructed thereon, the Owner shall replace the d;~',u~bed Common Area to the condition it was in prior to the disturbance. The folegoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. ARTICLE VI, COVENANT'FOR MAINTENANCE ASSESSMENT~ .~_ection 1, Creation of the Lien and Personal O_b_l_igafion. The Developer, for each Home or Lot owned by it within the Properties, hereby covenants and each Owner of any Home or Lot by acceptan.ce of a deed therefore, whether or not it ~hall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Associati~.~l~ such assessments as are fixed by the Associa{ion's Board of Directors and assessed to the Members as hereinafter provided. All sums assessed to the Association but unpaid, together with such interest thereon as is hereinafter provided, shell be a charge on the lend and shall be a oontinuing lien upon the property owned by such Member against which each such assessment is made. Each such assessment, together with interest thereon and cost of collection thereof, as hereinafter provided shall be a personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Section 2. Purpose of the Assessment. The assessments levied by the Association shall be used exclusively for the purpose of maintenance of the Common Area and all costs related to the maintenance of the common private roadway, including, without limiting the foregoing, the payment of taxes (if any), snow plowing, insurance thereon, end repair, replacement and additions thereto, and the cost of labor, equipment, materials, services, management and supervision thereof. Section 3. Assessments. The Association's Board of Directors shall, from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement t.b~]he budget to each Member prior to assessing the Members thereon. The Board shall determine the total amount required, including the operational items such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges to cover any deficits from prior years and capital improvements approved by the Board. The total annual requirements end any supplemental requirements shall be allocated between, assessed to, and paid by the Members as follows: Each Member shall pay a portion of said requirements, the numerator of which shall be one (1) and the denominator of which shall be equal to the number of Homes or Lots on the Properties subject to this Declaration. The Developer's obligation for such assessments on unsold Homes (whether built or unbuilt) or lots subject to this Declaration will be limited to the difference between the actual operating costs of the Association, including reserves on the Common Area and the assessments levied on owners who have closed title on their homes. In no event, however, will the Developer be required to make a deficiency contribution in an amount greater than it would otherwise be liable for if it were paying ,3 ~'~essments on unsold Homes or Lots. The sum due the Associ~!L~n l~rom each 5 individual Home or Lot Owner shall constitute an assessment of the Board of Directors and unpaid assessments shall constitute liens on the individual Homes or Lots, subject to foreclosure as hereinafter provided. _Section 4. Due Datesi buries of the Board of Directors. All Assessments shall be payable annually in advance as ordered by the Board o]' Directors or by such other means determined by the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Home and shall prepare a roster of the Homes and assessments applicable thereto which ~hall be kept in the office of the Association and shall be open to inspection by any Member. Upon the written request of a Member or his mortgagee, the Board shall promptly furnish such Member or his mortgagee with a written statement of the unpaid charges due from such Member. Section 5. Effect of Non-Payment of Assessment, The Personal ObliqatiOn of the Member; The Lien, Remedies of the Association. If an assessment is not paid on the date when due, as fixed by the Board of Directors, then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Member's Home Which shall bind such property in the hands of the Member, his heirs, devisees, personal representatives and assigns. Such lien shall be prior to all other liens except: (a) tax or assessment liens on the Home by the taxing subdivision of any governmental authority, including but not limited to State, County, City and School District taxing agencies; and (b) all sums unpaid on any first mortgage of record encumbering the Home. The personal obligation of the Member who was the O,~p_er of tile Home when the assessment fell due to pay such assessment, however, shall'remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. If the assessment is not paid within fifteen (15) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the maximum permissible rate in the State'of New York and the Association may bring an action at law against the Member or former Member personally obligated to pay the same and may foreclose the lien against the property. There shall be added to tile amount of such assessment the costs of preparing and filing tile complaint in such action, end in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorney's fees to be fixed by the court together with lhe cost of the action. ARTICLE VII. INSURANCE~ The Board of Directors shall maintain public liability insurance, to the extent obtainable, covering each association Member, lessee and occupant and the managing agent, if any, against liability for any negligent act of commission or omission attributable 6 to them which occurs on Or in the Common Area. All insurance premiums for such coverage shall be paid for by the Association. ARTICLE VIII. USE OF PROPERTY The use of a Home and Lot by a Member or other occbpant shall be subject to the rules, regulations and provisions of this Declaration, the By-Laws and Rules and Regulations of the Board of Directors and the following covenants and restrictions: (a) Any Member who mortgages or sells his Home shall notify the Board of Directors providing the name and address of his mortgagee or new owner. (b) The Board of Directors shall, at the request of the mortgagee of the Home, report any delinquent assessments due from the Owner of such Home. (c) The maintenance assessments shall be paid when due. Upon the written request of a Member or his mortgagee, the Board of Directors or its designee shall furnish a written statement of the unpaid charges due from such Member which shall be conclusive evidence of the payment of ampunts assessed prior to the date of the statement. (d) The Common Area shall not be obstructed, littered, defaced or misused in any manner. (e) Every member shall b,~Jiable for any and all damage to the Common Area which shall be caused by said Owner or such other person for whose conduct he is legally responsible. ARTICLE IX. GENERAL PROVISIONS Section 1. Beneficiaries of Easements, Rights and Privileqe_s. The easements, licenses, rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Association and the Owners of Homes constructed on The Properties; and any Owner may also grant the benefit of such easement, license, right or privilege to his tenants and guests and their immediate families for the duration of their tenancies or visits, subject in the case of the Common Properties to the Rule~ and Regulations of tile Board of Direciors, but the same is not ir~t~nded nor shall it be construed as creating any rights in or for the benefit of the general public. Section 2. Dur______a_ti_on and Amendment. The covenants and restrictions of this Declaration shall run with, and bind the land, and shall inure to the benefit of, and be enforceable by the Association, any Member, or the Owner of any land subject to this Declaration, their respectiv~ legal representatives, heirs, successors and assigns, until December 31, 2060, unless otherwise expressly limited herein, after which time, said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by sixty six and two thirds (66 2~3%) of the members of the Association h. as been recorded, agreeing to change Said COvenants and restrictions in whole or in part. Notwithstanding the foregoing, the easements, licenses, rights and privileges established and created with respect tO"the Properties by Section 2 of Article V shall be perpetual, run with the land, and shall survive any destruction, reconstruction and relocation of the physical structure, unless said provision is abrogated by the unanimous written consent of all t[~e Home Owners. Unless specifically prohibited herein, this Declaration may be amended by an instrument signed by Members holding not less than sixty six and two thirds (66 2/3%) percent of the votes of the membership. Any amendment must be properly recorded to be effective. Notwithstanding the foregoing, upon the acceptance of dedication by the Town of Southold of the private roadway forming 100% of the Common Area, these Covenants and Restrictions shall automatically been deemed abandoned and of no force and effect withoUt the necessity of recording any other document. Section 3. Disposition of Asse.ts Upon Dissolution of Association. Upon dissolution of the Association, its real and personal assets, including the Common Properties, shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. In the event such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to purposes as nearly as practicable the same as those to which they were required to be d~voted by the Association. No such disposition of the Association properties shall be effective to divest or diminish any right or title to any Member vested in him under the licenses, covenants and easements of this Declaration, or under any subsequently recorded covenants, deeds or other documents applicable to the Propedies, except as may be otherwise provided in this Declaration or said covenants, deeds or other documents, as the case may be, nor shall any other party under any such deeds, covenants or other documents be deprived of any rights thereunder on account of such disposition. Section 4. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at tile time of such mailing. ~ection 5.' Administration. The administration of the Association shall be in accordance with the provisions of the Association By Laws which are made a pad of this Declaration and attached hereto as Exhibit "B". 8 Section 6. SeveraDilitv. Invalidation of any of the covenants, limitations or provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. BUOVONDANTONA ALIPERTI STA"I'E OF NEW YORK COUNTY OF SS.; On this day of ~ 199 , before me personally came BUOVONDANTONA ALIPERTI, to me known to be the individual described in, and who executed, the foregoing instrument, and acknowledged that he executed the same. Notary Public BY-LAWS OF ELIJAH'S LANE ESTATES HOME OWNERS ASSOCIATION, INC. CERTILMAN BALIN ADLER & HYMAN, LLP Attorneys for Developer The Financial Center at Mitchell Field 90 Merrick Avenue East Meadow, New York 11554 EXHIBIT D TABLE OF CONTENTS ARTICLE I. ARTICLE II. ARTICLE IlL ARTICLE IV. ARTICLE V. ARTICLE VI. Section I. ARTICLE VII. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. ARTICLE VIII. Section 1, Section 2. Section 3. Section 4. Section 5. Sectiod 6. Section 7. Section 8. Section 9. NAME, LOCATION AND PRINCIPAL OFFICE ................ : ....... DEFINITIONS .......................................................................... PURPOSE ............................................................................... APPLICABILITY ...................................................................... USE OF FACILITIES ............................................................... MEMBERSHIP AND VOTING RIGHTS ................................... Membership ....................................................................... QUORUM, PROXIES AND WAIVERS ..................................... Quorum .............................................................................. Vote Required to Transact Business .................................. Right to Vote ....................................................................... Proxies ............................................................................... Waiver and Consent ........................................................... Place of Meeting. ................................................................ Annual Meetings ................................................................. Special Meetings., .............................................................. Notice of Meetings .............................................................. Order of Business ............................................................... BOARD OF DIRECTORS ........................................................ Number and term ............................................................... Voting and Right of Developer to Designate Certain Board Members ........................................ i ............ Vacancy and Replacement ................................................ Removal ............................................................................. Powers ............................................................................... Compensation ................... '. ......................... : ...................... Meetings ............................................................................ Annual Statement ............................................................... Fidelity Bonds ..................................................................... Paae 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 4 5 5 5 5 6 6 7 7 ARTICLE IX. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. ARTICLE X. Section 1. Section 2. ARTICLE XI. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. ARTICLE XII. ARTICLE Xlll. Section 1. Section 2. ARTICLE XIV. Section 1. Section 2. Section 3. Section 4. Section 5. Page OFFICERS ............................................................................... 7 Elective Officers .................................................................. 7 Election ....................................... i ..................... ", ....... ' .......... 8 Appoihtive Officers ............................ ~:.: .............................. 8 Term .................................................. .~. ............................... 8 The President ................................... .'.; ............................... 8 The Vice President ............................................................. 8 The Secretary ................................................................... .'. 8 The Treasurer .................................................................... : 8 Agreements, etc ................................................................. 9 NOTICES ................................................................................. 9 Definitions ..............................................9 Service of Notice Waiver ..................................................... . 9 ASSESSMENTS AND FINANCES....: ...................................... 9 Creation of the Lien and Personal Obligation of Assessments.~ ............................................... 9 Purpose of Assessments .................................................... 9 Basis of Assessments ........................................................ 9 Date of Commencement of Assessments: Due Dates ....... 10 Effect of Non-Payment of Assessment .............................. 10 Subordination of Lien to Mortgages ................................... 10 Checks ................ : ............................................................. 10 Operating Accoud[.'. ...................................................... i ....10 Other AccOunts .................................................................. 10 AMENDMENTS ....................................................................... 10 SELLING, LEASING AND GIFTS OF HOMES ........................10 Selling and Leasing Homes ................................................ 10 Gifts, etc .... ·, ,11 GENERAL PROVISIONS ........................................................ 11 Fiscal Year ......................................................................... 11 Seal .................................................................................... 11 Examination of Books and Records ............... ~ ................... 11 Construction ....................................................................... 11 Severability ......................................................................... 12 BY-LAWS OF ELIJAH'S LANE ESTATES HOME OWNERS ASSOCIATION, INC. A New York Not-for-Profit Corporation ARTICLE I. NAME. LOCATION AND PRINCIPAL OFFICE These are the By-Laws of Elijah's Lane Estates Home Owners Association, Inc. hereinafter referred to as the "Association". The principal office of the Association shall be located in Mattituck, Town of Southold, Suffolk County, New York. ARTICLE II. DEFINITIONS · The following words when used in these By-Laws shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to Elijah's Lane Estates Home Owners Association, Inc., a New York Not-for-Pro. fit Corporation. (b) "Developer" shall mean and refer to Buovondantona Aliperti, a New York corporation and its 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 or use. (c) "Declaration" shall mean and refer to the Declaration of Covenants, Restrictions, Easements, Charges and Liens applicable to The Properties recorded among the land records in the Clerk's Office of Suffolk County, New York. (d) 'q'he Properties" shall mean and refer to all those areas of land described in and subject to the Declaration. (e) "Lot" shall mean and refer to any ploi of land intended and subdivided for residential uses shown on the plot plan of the Properties. (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. (g) "Home" shall rtlean and refer to all units of residential housing situated upon lots located on The Properties. (h) "Owner" shall mean and refer to the record owner of fee simple title to any Home or Lot, including the Deyeloper with respect to any unsold Home oi' Lot.' Every Home Owner shall be treated for all purposes as a single owner for eabh Home held, irrespective of whether such ownership is joint, in common or tenancy ~y the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vote to whicl~, such owners are entitled, but not more than one vote may be cast with respecHo any such Home or Lot. (i) "Common Area" shall mean and refer to the common private roadway located in the Properties to be owned and maintained by the Association, and intended to be devoted to the common use of the owners of the Properties. (j) "Development" shall mean Elijah's Lane Estates, a development consisting of twenty-seven (27) Lots upon which the Developer, his successors and assigns has the right to construct twenty-seven (27) Homes. ARTICLEIII. PURPOSE This Association is formed to own and maintain the Common Area for the benefit of the members of the Association. 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. USE OF FACILITIES The Common Area shall be limited in use to any Lot or Home located on the Properties and any member, their family, guest, lessee or occupants thereof. ARTICLE VI. MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. The Association shall have one class of membership interest as follows: The Owner of each Home (or "lot" in the event no home is constructed on such lot) on the Properties shall be a member of the Association whether such ownership is joint, in common or tenancy by th~entirety. Each member is entitled to one vote regardless of the number of Homes or Lots owned. When more than one person or entity holds such interest in any Home, the one vote attributable to such Member shall be exercised as such persons mutually determine but not more than one vote.may be cast with respect to any such Home. No member shal! split or divide its votes on any motion, r~solution or ballot. ARTICLE VII. QUORUM. PROXIES AND WAIVERS Section 1. Quorum. So many Members as shall represent at least fifty-one (51%) · percent 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 such adjourned meeting, so many members as shall represent at least two (2) Members shall constitute a quorum. At least 5 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. Section 2. Vote Required to Transact Business. When a quorum is present at any meeting, or the necessary number of members at any adjourned meeting, the vote of a majority of the Members 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 question. 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 signed by the owner, 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. Sec{ion 5. Waiver and Consent. Where',er the vote of the membership at a meeting is required or permitted by Statute or by any provision of the Declaration, Certificate of Incorporation or by these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. 3 Section 6. Place Of Meetina. 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 Meetinos. The first annual meeting of the ~embership of the Association shall be held within twelve (12) months of the*"closing of the first Home. Thereafter, the annual meeting of the membership of the Asso~iation 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 before the meeting. Section 8. Special Meetinqs. It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of the Members. Section 9. Notice of Meetinqs. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating 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 cell (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of officers (e) Report of committees (f) Appointment of inspectors of election (in the event them is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business. ARTICLE VIII. BOARD OF DIRECTORS Sectlon 1. Number and Term. The number Of Directors which shall constitute the whole Board shall be three. An initial Board consisting o~ two Directors sh~ll 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 three Directors to serve for one year terms alld 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 4 residing in the Member's Ilbme. As required by law, each Director shall be at least nineteen years of age. Section 2. votinq and Rioht of Develooer ~to Deslanate Certain Board Members. In an election of D.i[ectors, each Member shall be entitled to one (I) vote. Notwithstanding the foregoing, the Developer shall hav~ the right to designate two (2) or a majority of the Directors whichever is greater, until 95% of the Homes in the Development have dosed title. Thereafter, the Developer shall have the right to designate one Director for so long as it holds at least one membership. VVhen the Developer no longer holds any membership interests it may not designate any Directors. The provisions of Article VIII Sections 1 and 2 may not be amended without the written consent of the Developer. Section 3. Vacancy and Re~31acement. If the office of any Director other than a Director appointed by the Developer, becomes vacant by reasons 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 in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by Developer resigns, the Developer shall 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 hi.~Jerm of office, he shall cease to be a Member. Section 5. Powers. 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, Declaration, Certificate of Incorporation or by these By-Laws, directed or required to be exercised or done by the Members or Owners personally. These powers shall specifically include, but not be limited to the following items: (a) To determine and levy annual assessments ("Association assessments") to cover the cost of maintaining the private roadway forming the Common Properties payable in advance. The Board of Directors may increase the annual assessments or vote a special assessment in excess of that amount, if required, to meet any additlonal necessary expenses. (b) To collect, use and expend the assessments collected to maintain, care for and preserve the Common Area. 5 (c) To makeTepairs, restore or alter the Common Area after damage or destruction by a casualty or as a result of condemnation or eminent domain proceedings. (d) To open bank accounts and borrow money on beha f'of the Association and to designate the signatories to such bank aecounl$. (e) To collect delinquent assessments by suit or other wise, to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and regulations herein referred to. (f) To make reasonable rules and regulations and to amend the 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. (g) To employ workmen, contractors 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 hereinabove set forth. (h) To bring and defend actions by or against one or more Members pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. (i) To hire a Managing Ag~ot to perform and exercise the powers of the Board of Directors in the management of the Development. Section 6. Compensation. Directors and officers, as such, shall receive no compensation for their services. Section 7. Meetinos. (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, provided 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 Association Members and immediately after the adjoLtrnment of 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. 6 (c) Special m~etings of the Board may be called by the President on two (2) days notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two (2) Directors. (d) At all me~fings of the Board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the .~'ansaction of business, and an act of a 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 be otherwise specifically provided by Statute or by the Declaration or by these By-Laws.' If a. quorum shall not be present at any meeting of Directors, the Directors present thereat 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) and when called for by a vote of the Members at any special meeting 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 compiled by an independen.[~certified public accountant and a statement regarding any taxable income attributable to the Members and a notice of the holding of the annual meeting of Association members. Section 9. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association (except Sponsor or Sponsor's representatives) handling or responsible for Association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be an expense of the Association. ARTICLE IX. OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by the Board' of Directors and shall consist of a President, a Vice President, a Secretary/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 or Members of the Association. Section 2. Election.'-I'he Board of Directors, at its first meeting after each annual meeting of Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3. Aor)ointive Officers. The Board may appo, int such*other officers and agents as it shall deem necessary who shall hold their offid§s 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. Any 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, provided prior notice was given to all Board members 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-officio member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolbtions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of 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 President and perform his duties wheneve'~he President shall be absent 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 gi~,en, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by 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 chronological accounts of receipts and disbursements in books belonging 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 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. 8 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 Tra. a~surer, and of the financial condition of the Association. He shall keep detailed financial records and books ~ account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the~ balance remaining unpaid. Section 9. A0reements, 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 X. NOTICES Section 1. Definitions. VVhenever 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 may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper, addressed to the Board of Directors, such Director, or Member, at such address as appears on the books of the Association. Section 2. Service of Notice Wa|var. VVhenever 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 Xl. ASSESSMENTS AND FINANCES Section 1. Creation of the Lien and Personal Obligation of Assessments.' The creation of the lien and personal obligation of assessments is governed by Section 1 of Article VI of the Declaration. Section 2. Puroose of Assessments. The purpose of assessments is as specified in Section ~2 of Article VI of the Declaration. Section 3. Basis of Assessments. The baSis of the Assessments is as specified in Section 3 of Article VI of the Declaration. 9 Section 4. IDate of Commencement of Assessments: Due Dates. The date of commencement and the due dates of assessments are as specified in Section 4 of Article VI of the Declaration. Section 5. Effect. of Non-Payment of ASsessment: Remedies of the Associatior~. The effect of non-payment of assessmenf~ and the remedies of the Association shall be as specified in Section 5 of Article VI o~ the Declaration. Section 6. Subordination of Lien to Mortnanes. The lien of the assessments provided for herein shall be subordinated pursuant to the provisions of Section 5 of Article VI of the Declaration. Section 7. Checks. All checks or demands for money and notes of the Association shall be signed by the President and Treasurer, or by such other officer or officers or such other person or persons as the Board of Directors may from time to time designate~. Section 8. OperatinQ Account. There shall be established and maintained a cash deposit account to be known as the "Operating Account" into which shall be deposited the operating portion of all monthly and special assessments as fixed and determined for all members. Disbursements from said account shall be for the general needs of the operation including, but not limited to, wages, repairs, betterments, maintenance and other operating expenses of the community. Section 9. Other Accounts. The Board shall maintain any other accounts it shall deem necessary to carry out its purpose.s. ARTICLE Xll. AMENDMENTS Except as otherwise provided, these By-Laws may be altered, amended or added to at any duly called meeting of Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least sixty-six and two thirds (66 2/3%) of the members. No amendment, however, shall affect or impair the validity oF priority of the Members' interests and the interests of holders of a mortgage encumbering a Member's Home. Nor shall any amendment have the effect of infringing upon the Developer's right to build and make membership in or use of the Association available to purchasers or lessees of po more than twenty-seven (27) Homes.on the Properties. ARTICLE Xlll. ~EI-LING. LEASING AND GIFTS OF HOMES Section 1. SellinQ and Leasin_a Homes, Any Home may be conveyed or leased by a Member free of any restrictions except that no Member shall convey, mortgage, lo pledge, hypothecate, sell 0t' lease his Home unless and until all unpaid Association expenses assessed against the Home 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 Home, or by the Grantee. Any sale or lease of a Home or unit in violation of this section sha be voidabl~e at the election of the Board of Directors; Upon the written request of a Member or 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 of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the is issuance of such statements. The provisions of this section shall not apply to the acquisition of a home by a mortgagee who shall acquire title to such Home by foreclosure or by deed in lieu of foreclosure. In such event the unpaid assessments against the home which were assessed and became due prior to the acquisition of title to such home by such mortgagee shall be deemed waived by the Association and shall be charged to ali other members of the Association as a common expense. Such provisions shall, however, apply to any assessments which are assessed and become due after the acquisition of title to such home by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Home" is referred to in this Section, it shall include the Home, the Member's interest in the Association and the Member's interest in any Homes acquired by the Association. Section 2. Gifts. etc. Any Member may convey or transfer his Home by gift during his lifetime or devise his Home by will or pass the same by intestacy without restriction. ARTICLE XlV. GENERAL PROVlSION~ Section t. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors. Section 2. ~eal. 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 mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to it~ Board of Directors. The Declaration, Certification 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, when ever the context so requires. 11 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 S. Severabilitv.. Should any of the covenants, terms of pro~;isions herein imposed be or become unenforceable at law or in equity, the rethaining provisions of these By-Laws shall, nevertheless, be and remain in full force and'effect. 12 OFFICE OF THE ALIPERTI'S 1138 Wm Floyd Pky Shirley, N.Y. 11967 (516) 281-2646 Fax: (516) 281-007~/ FAX TRANSMITTAL SHEET DATE: TIME: NUMBER OF PAGES (including c6ver sheet): TO: ~'~6/-Q.9~. ~, ~ FAX NO.: FROM: COMMENTS: ** Contact sender if you do not receive all pages or if copy is not legible. '178 [ Number of pages r- TORRENS ozc?: "~ Serial ~ Certificate ~ Prior Cfi. ~ D~d / Mo~gage Instrument D~d / Moflgage T~ Stump R~ording / Filing Stumps 4 I '~, FEES Page / Filing Fee /~.~ Moflgage Amt. Handling ~ 1. B~ic Tax ~-584 2. Additional Tax Notation Sub Total EA-5217(Connty) ~ SubTotal ,//~. ~ Sl~./Assit. R.P.T.S.A. TOT. MTG. TAX Dual Town Comm. of Ed. 5. ~ ~ ~ Held for Ap~ffionment Affidavit Transfer T~ Certifi~l Cop {~ . ,.. M~sion Tax ~e pro~y covered by this tuG,gage is or Reg. Copy will be improved by a one or two family Sub Total ~ ,- ~ . dwelling only. O~er YES ~ GRAND TOTAL ~// "~ If NO. see appropriate ~x clause on page of this ins~ment. ~5~1~ Real Property Tax Service ~ency Verification 6 Title Company Information ' ~ '. :' Dist. Section Block Lot StumP,, /~ I08~ ~ ~ Company N~e Dale 7 , Title Numar ~ ' ~l 8 J~EPAIDBY: ' ~/ Payer same as R & R ~/ 7 (ADDRESS) 9 Suffolk County Recording & Endorselnent Page This page fo~s pan of ~e attached ~J~ ~Y~ ~ ~ / (~d3%~ made by: (SPECIFY TYPE OF INSTRUMENT) _~6C0(~) 0/1~'~/~~ /2~,i/)z~Y/' The premises herein is situated in suvvoc coum , TO In the ~wnship In the VILLAGE BOXES 5 TItRU 9 MUST BE TYPED OR PRIMED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. OFFER OF I~EDICATION THIS OFFER OF DEDICATION made and dated the 9th of July, 1996 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, owner of the of the property shown on subdivision known as "ELIJAH'S LANE ESTATES, Sections 2 and 3" which maps are to be filed in the Office of the Suffolk County Clerk, covering premises situate at Mattituck, Town of Southold, Suffolk County, New York. NOW, THEREFORE, in consideration of the premises, Buovodantona Alipedi, irrevocably offers to convey and cede fee title to the Town of Southold of the land areas designated on said subdivisions maps as "50' wide right of way" parallel to the Long Island Rail Road, as more fully described on Schedule A annexed hereto, for the purpose of future road dedication or as a recreational trail, 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, 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 therein in all conveyances of lots or parcels on~d subdivision map. ' ~ ..- I~d'ovodantona Aliperti Schedule "A" BEGINNING AT A POINT on the northerly side of Rebeka~s Road as shown on the Map of Elijah's Lane Estates Section One, said point being distant 250.00 feet westerly as measured along the northerly side of Rebeka's Road from the corner formed by the intersection of the northerly side of Rebeka's Road and the westerly side of Elijah's Lane. Thence southerly S 38 degrees 14 minutes 50 section East 50.24 feet. Thence westerly S 46 degrees II minutes 40 seconds West 537.93 feet. Thence northerly N 40 degrees 09 minutes 50 seconds West 50.10 feet to they southerly side of property of the Long Island Boulevard. Thence easterly along the southerly side of properly of the Long Island Railroad S 46 degrees 11 minutes 40 seconds East 539.62 feet to the POINT OR PLACE OF BEGINNING. STATE OF NEW YORK) : SS COUNTY OF SUFFOLK) On the 9th day of July, 1996, before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary ~ublic b . PEGGY SUE Record & Return to: Buovodantona Aliperti 81 Halleck Lane Rocky Point, New York 11778 B )Xi ,S 5 THRU 9 MUST B T BLA~K INK ONL~RIOR TO RECORDING OR SUFFOLK COUNTY CLERK 11761 P 647 ~umber or ilnges TOilIIEN~ Serial # Certificate # ,._Pi'lot 'l Deed / Mortgage Instrument , Deed / Morlgage Tax Stamp Recording I Filing Stamps 41 Page / Filing Fee Ilamlfing TP-584 Nutation EA-5217 (County) EA-5217 (State) ILP.T.S.A. C, mm. n! Ed. Affidavit Certified Cnpy Ecg. Copy Off, er FEES SubTotal ~'~ Sub Total Real Property Tax Service Agency Verification Dist Section Block ,~ Lot /~co /~£f~o ~/oo ~>~(~ I FEE PAil} BY: Cash ~/' Cl[eck OR: __ Charge__ Payer same as R & R ?/ Mortgage AmL 1. Basic Tax 2. SONYMA Sub Total 3. Spec.lAdd. I'OT. MTG. TAX Dual Town Dual County ileld for Apportionment __ Transfer Tax Mansion Tax The property covered by this marl#age is or will be improved by a one or two family dwelliog only. YES or NO ff NO, see appropriate tax clause on page # _of this instrument. Title Company Information Company Name Title Number t 0 ¢/{*= /-- ~ .... RECORD & RETURN-TO This page forms ilart of the attached {")t: ¢~/~(/,U~'(O/! c,~ ~o/~-:/<~i~ made (Deed, Mortgage, etc.) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of ,_~9 (x V~ //~, [ In the VILLAGE or HAMLET of DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made and dated the lOth of January, 1996 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, hereinafter referred to as the~ ~declarant", as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the'("PREMISES") desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WITNESSETH 1. DECLARANT has made application lo the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for approval of a subdivision or development on the PREMISES known as "ELIJAH'S LANE ESTATES, Sections 2. ,,,.- 2. As a condition for the approval of the DEPARTMENT, of such application, the DECLARANT agrees that there shall be no construction on Lots 13, 14, 24 and 27 and that said lots shall remain as open space until such time as individual on - site wells comply with the Private Water System Standards of the DEPARTMENT or the lot is connected to an approved public water supply. 3. The DECLARANT. its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupents, tenants and/or lessees of the above described property and shall, by their terms, .~ '~ .[ same to the covenants and restrictions contained herein. Failure of the DEC! ~ %~,N ;~, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein= shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordin.ances, and/or regulations in effect at the rime'of execution of this agreement, or at the time such laws, ordina~nces, and/or regulations may thereafter be revised, amended, or promulgated. 5. 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 deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned Restrictive Covenants shall be enfomeable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enfome the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. 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 may be terminated, revoked or amended only with the written consent of the DEPARTMENT. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unla~ul, 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. 9. Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or-of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such pemon has read a.nd~ is familiar with the provisions of Local Law' #32-1980. IN WITNESS WHEREOF, the declarant has execute~., this Declaration of Covenants and Restrictions on the date as above written. STATE OF NEW YORK) · SS COUNTY OF SUFFOLK) _ ~ t_ On tho day of~/ , b~fore me personally came Buovodantona Aliperti, to me known to bo the individual described in and who executed the foregoing instrument and acknowledged to mo that he executed the same. Notary Public ,~ ~.~... ~?.~_ .v_~_r.n., _ ..... e~otary ~'u:flic, State of Ne,,'v York No, 01YE4829359 Qualified in Suffolk County (~ ~ Camm sg n i Exoireg March 30, 19~ Record & Return to: Buovodantona Aliperti 81 Halleck Lane Rocky Poigt, New York 11778 SCHEDULE "B" CONSENT OF MORTGAGEE/LIENOR DECLARANT: Buovodantona Aliperti, 81 Hallock Lane, RoCky Point, New York NAME OF SUBDIVISION: "ELIJAH'S LANE ESTATES, Sections 2. In the matter of the application of Buovodantona Aliperti the undersigned, as holder of a mortgage or lien on premises described in Schedule "A" annexed hereto, hereby consents to the annexed covenants and restrictions on said premises. Edward Sokol STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the..4'" day of December, 1995 before me personally came Edward Sokol, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public Schedule "A" Map of Elijah's, Lane Estates Section 2 BEGINNING AT A POINT on the northerly side of Rachael's Road said po!nt being distant 244.62 feet westerly from the end of a curve connecti,ng the northerly side of Rachael's Road and the westerly side of Elijah's Lan~. THENCE westerly S 51 degrees 21 minutes 10 seconds West 75.38 feet. THENCE southerly S 38 degrees 38 minutes 50 seconds East 50.00 feet. THENCE westerly s 51 degrees 21 minutes 10 seconds West 169.19 feet. THENCE north westerly along the arc of a curve bearing to the right having a radius of 75.00 feet and a length of 92,32 feet. THENCE westerly S 51 degrees 21 minutes 10 seconds West 276.57 feet to land now or formerly of Grabowski. Thence northerly along land now distahces. 1. N38 2. N36 3. N37 4. N37 5. N38 degrees 30 minutes 50 degrees 32 minutes 50 degrees 36 minutes 50 degrees 02 minutes 50 degrees 31 minutes 50 THENCE easterly N 52 degrees or formerly of Grabowski the following five (5) and seconds west 197,78 feet. seconds west 162.95 feet. seconds West 297.63 feet. seconds-west 566.37 feet. seconds west 180.63 feet 19 minutes 20 seconds East 267.60 feet. THENCE northerly N 37 degrees 40 minutes 40 seconds west 54.54 feet. THENCE easterly N 51 degrees 21 minutes 10 seconds East 75.42 feet. THENCE north westerly along the arc of a curve bearing to the right having a radius of 25.00 feet and a length of 39.69 feet. THENCE northerly along the arc of a curve bearing to the left having a radius of 1,957.49 feet and a length of 139.94 feet. THENCE easterly N 52 degrees 19 minutes 20 seconds East 258.89 feet to the westerly map line of the Map of Elijah's Lane Estates Section 1, File No. 6065. THENCE southerly along said map line s 38 degrees 14 minutes 50 seconds east 1,615.93 feet to the point or place BEGINNING. ? 647 SCHEDULE "B" CONSENT OF MORTGAGEE/LIENOR DECLARANT: Buovodantona Aliperti, 81 Hallock Lane, Rocky Point, New York NAME OF SUBDIVISION: "ELIJAH'S LANE ESTATES, Sections 2. In the matter of the application of Buovodantona Aliperti the undersigned, as holder of a mortgage or lien on premises described in Schedule "A" annexed hereto, hereby consents to the annexed covenants and restrictions on said premises. Edward Sokol STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the~" day of December, 1995 before me personally came Edward Sokol, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public 1781 Pc972 Num~r of pages ,, .. m ~:v-,.:. o CD TORRENS ,t~ .... c Certificate g ..... ~or Cfi. ~ D~d / Moagage Ins~ment ~d / Mo~gage T~ Stump R~ording / Filing Stumps 4I ~s Page / Filing Fee ~. ~ Mo,gage Amt. H~dling ~ ~ 1. Basic Tax ~-584 2. Additional Tax Notation Sub Total EA-5217 (County) ~ SubTo~l ~ ~' S~./Assit. EA-5217 (State) S~./Add. ~.m.t.s.*. /~.~', ~, ,o*. m~. T~X Dual Town Comm. of Ed. 5 . ~ ~ [ Held for Ap~ffionment ~e pro,ny covered by this mortgage is or will be improved by a one or two family' Reg. Copy ~ ~ , , - Sub To~ ~,~.~, CJ dwelling only. YES or NO GRAND TOTAL ~ If NO, see appropriate mx clause on page ~ ' of this instrument. ~"',?~;.,~, Real Property Tax Service Agency Verification 6 T lie Company lnformalion r~ s~5~:;., ~ Dist. Section Block Lot ~) "' /~ /O~ O ~ OO~).~ Company Name I~ Title Numar Cash ~ (or if different) NAME: ~c~e,~p(~ RECORD & RETUR~ TO ~0 *~0 7 (ADDRESS) ~ ~ Suffolk County Recording & Endorsement Page Thls page fo~s pa~ of the attached ~C~d/~/¢~{~ ~ ~7~///fo/3 madeby: (SPECIFY TYPE OF INSTRUMENT) ~ 0 ~ ~() ~'e ~? ~;~'' ~e premises heroin is situated in SUFFOLK COU~Y, NEW YORK. In the VILLAGE BOXES 5 THRU 9 MUST BE TYPED OR PRI~D IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 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 I0 feet of the front prope~y 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 ~ ~ 1996. I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of eve~ prope~y which abuts and eve~ prope~y which is across from any publi~or ~ate street from the above mentioned prope~y on ~ ~ 1996. Your name (print) Signature -, ' Address D~te / Qualified in Suffolk County Commission Ex~ires Ma,*ch 30, 19-~ Notary Public PLEASE RETURN Tills AFFIDAVIT AND CERTIFIED MAIL RECEIPTS ON TilE DAY OF. OR/IT TIlE PIJSIlC ilEAR/NG Re: ~tiic~h L~nc SCTM#: lo$- t-7. Date of Hearing: FL~kN1NqNG BOAi~D NIEMBER$ ~ RICHARD G. WARD Chairman GEORGE RITCHIE LATYL4.M, JR. BENNETT ORLOWStCI, JR. WILLLkM J. CREMERS KENNETH L. EDWARDS PLA~x~NING BOARD OFFICE TOV~N OF sOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 July 9, 1996 B. Anthony Aliperti Box 149 Shirley, NY 11967 RE: Proposed Subdivision Elijah's Lane Estates Sections 2 and 3 SCTM# 1000-108-4-7- 1 Dear Mr. Aliperti: The following took place at a meeting of the Southold Town Planning Board on Monday, July 8, 1996: The final public hearing which was keld at 7:00 P.M. on the proposed subdivision was closed. The following resolution was adopted: WHEREAS, Buovodantona Aliperti is the owner of the property known and designated as SCTM# 1000-108-4-7.t, located on the west side of Rachel's Road, Tabor Road and Rebeka's Road off of Elijah's Lane in Mattituck; and WHEREAS, this proposed subdivision is for Sections 2 and 3 of the Elijah's Lane Estates subdivision; and WHEREAS, Section 2 is located in the Agricultural-Conservation Zoning District, but is grandfathered to the R-40 Zoning District, and is for 19 lots on 20.345 acres; and WHEREAS, Section 3 is located in the Agricultural-Conservation Zoning District and is designed as a clustered subdivision, and is for 8 lots on 18.21 acres; and WHEREAS, the Planning Board granted conditional final approval to the Elijah's Lane Estates subdivision, Section 2 on August 19, 1989, and Section 3 on November 20, 1989, but the conditional approvals expired because the conditions of approval were not fulfilled -~rithin the required time frame; and WHEREAS, in October 1994, the applicant submitted the information required by the Planning Board to schedule another final hearing for The proposed subdivision; and Elljah's Lane Estates Page 2 WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on January 9, 1995; and WHEREAS, the Health Department has granted approval to the subdivision with a condition of approval that the Declarant agrees that there shall be no construction on Lots 5, 6, 13, 14, 24 and 27, of Sections 2 and 3, and that said lots shall remain open space until such time as individual on-site wells comply with the Private Water Systems Standards of the Department or the subject lot is connected to an approved public water supply; and WHEREAS, the Planning Board has required the filing of a Declaration of Covenants and Restrictions pertaining to the subdivision, and such Declaration must be filed in the County Clerk's Office prior to any endorsement of the subdivision; and WHEREAS, the area outside of the building envelope on Lot Number 4 of Section 3, has been designated as an Open Space Conservation Easement, and the terms for this easement area are included in the Declaration of Covenants and Restrictions; and WHEREAS, the 50' wide area located on the north side of the property parallel to the Long Island Railroad property has been offered for dedication to the Town for use as a future road or as a future recreational trail, and such offer will be recorded in the County Clerk's Office prior to any endorsement of the subdivision; and WHEREAS, it has been determined that the Town's park and playground requirement was satisfied for the Elijah's Lane Estates Subdivision, Sections 1, 2 and 3, at the time Section 1 was approved; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, a final public hearing was closed on said subdivision application at Town Hall, Southold, New York on July $, 1996; and WHEREAS, upon fulfillment of the conditions of approval, all requirements of the Subdivision Regulations of the Town of Southold will have been met; be it therefore RESOLVED that the Southold Town Planning Board ~'rant conditional final approval on the surveys dated March 1996, for Sections 2 and 3, subject to fulfillment of the following conditions within six (6) months of the date of this resolution: Elijah's Lane Estates Page 3 Five (5) paper prints and two (2) my[ars of the final maps of each section must be submitted. Ail maps must contain the roi/owing: a) The portion of Rachael's Road which has been dedicated to the Town must be indicated. The boundaries of the area shown on the current map as being dedicated to the Town are not correct. b) A valid stamp of Health Department approval. c) A notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision as required by the Planning Board. The Libor and Page number of the recorded document must be included with this notation. The draft Declaration of Covenants and Restrictions which was received by the Planning Board on June 18, 1996, has been approved by the Planning Board. The Declaration must be filed in the County Clerk's Office and a copy of the recorded Declaration must be submitted to this office. The 1/bar and page number of the recorded document must be noted on the final surveys. The Performance Guarantee in the amount of $248,675.00 must be submitted to the Planning Board and accepted by the Planning Board and Town Board or, the improvements contained in the bond estimate must be completed prior to any endorsement of the final map. An administration fee is not required since the administration fee was submitted at the time the original performance guarantee was submitted to the Town. The pavement radius for the cul-de-sac located within Section 3 is shown as being thirty-nine (39) feet. As per Section A106-33(G) of the Subdivision Regulations, the pavement radius must be forty-four (44) feet, curb to curb. As described in the "Terms for Offer of Dedication of Portion of Rachel's Road" dated March 3, 1994, final improvements within the portion of Rachel's Road which was dedicated to the Town of Southold, must be made by Buovodantona Aliperti, or his successor in interest, at such time as the road improvements for the subdivision are installed. All improvements shall meet the minimum requirements establ/shed in the Highway Specifications. Elijah's Lane Estates Page 4 The Homeowners Association must be incorporated, and verification of the incorporation must be submitted to the Planning Board office prior to any endorsement of the final subdivision. The Homeowners Association will not be required if the 407000 dollar assessed value per mile of road and all other requirements necessary to offer the roads for dedication to the Town are met, the road is offered for dedication to the Town and the Superintendent of Highways and the Town Board accept the offer. The deed for Lot 4 /n Section 3 must be revised to state: "Subject to an open space conservation easement, the terms of which are described in the Declaration of Covenants and Restrictions for the subdivision." The liber and page number of the recorded Declaration of Covenants and Restrictions must be included with the statement. The deed must be recorded simultaneously with the final subdivision map in the County Clerk's Office. The Offer of Dedication for the 50' wide right-of-way located adjacent to the Long Island Railroad must 'be recorded in the County Clerk's Office and an original copy of the recorded document must be submitted to the Planning Board for filling with the Town Clerk~ Please contact this office if you have any questions regarding the above. Si~erely, Richard G. Ward Chairman LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBS' GIVEN that pursuant to Section '2?6 of the To~vn 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 8th day of July, 1996 on the question of the fol- lowing: 7:00 p.m. Public hearing for the proposed major subdivision for Elijah Lane Estates, Sections 2 & 3, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 108-4-7.1. The property is bordered on the north by Long lsland Rail- road; on the east by Rebeka's Road, by Elijah Lane Estates, Section 1, lots 2 through 18, by Tabor Road and by Rachael's Road; on the south by land now or formerly of Klm & Beverly Norkelun, by land now or for- merly of North Fork Housing Alliance, Inc., by land now or formerly of Richard & Janet Oddon, and by land now or for- merly of Sharon M & James H. Jacobs Jr.; and on the west by land now or formerly of Agnes Grabowski. Dated: June 25, 1996 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Richard G. Ward, Chairman I X-6/27/96(16) COUNTY OF SUFFOLK S'iATE OF NEW YORK ss: Joey Mac Lellan, being duly sworn, says that he is tlqe Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Sug folk County; and that the notice of which the annexed is a printed ,copy, has been published in said Traveler-Watchman once each week for ................................................. ../... .................. weeks successively, commencing on the .....~./..."'... ................... or Sworn to before me~is ........ 7 ................. day ................. , Motary Cublic BArBArA A. SCHNEIDER NOThhY PU~LI~, State of I~w York He. ~CC~46 ~u:4}Eed in SuHulk Co~ty t Com,,,ission ~pires S/31/?~ I~uRTON 0 BEHRENDT SMITH FAX coVE~ SItEET 13'CACLAGHAN DATE: TO: AT: FAX NO.: FROM: ~'C. Bu~ton 0 J. Behrendt ~ F~ Smith 0 L. Salvesen ~ F. Seeba Q p, Su~van B so FEm ,wC No.: ~'L~VIBER OF PAGES TO FOLLOW:. / [~ For yo~ ~e ~ ~ requested [] J. For review and con~u~ent CC; FAX NO. EFYOU DO NOT RECR, IVE ALL PAGES OF THIS T!{ANSSOF2SION, pLEAOE coNTAC]~ OLq%OffFIC~ AT (§lO) 47[~0,949 (T~LEPI=[O1q~) O1% (5!6) 475-0~81 ('FAX). 25' ~,~ <:~ u ~ .,r. ;0. 00' l.So. 00' BUlL ....... K ~ LOT 16 ~'. ~.0, 7~:7 i SF 15~00' N DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made and dated the of ,1996 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, hereinafter referred to as the "declarant". WITNESSETH: WHEREAS, declarant is the owners in fee simple of the real property described in Schedule A annexed hereto and made a part hereof; and WHEREAS, an application for approval of the subdivision known as "ELIJAH'S LANE ESTATES, Sections 2 and 3" described in Schedule A has been filed with the Planning Board of the Town of Southold; and WHEREAS, the Planning Board has determined that such subdivision would be granted, provided the applicant covenants to use his property in conformance with the zoning ordinances of the Town of Southold and further convents as hereinafter provided. WHEREAS, the declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants upon said real property and create an Open Space Easement with respect to a portion of said real property, NOW, THEREFORE, in consideration of the premises, the declarant declares that the above described real property is held subject to the following covenants: 1. That the subject premises shall be used in conformity with the zoning ordinance of the Town of Southold. 2. There shall be no further subdivision of any lot within the subdivision, in ~ ~,~ ~ ,' : ~ r~ perpetuity. This restriction includes Lot Number 4 which contains an Open Space Conservation Easement. This subdividion has been designated as a clustered subdivision and it has been designed at its full development capacity. 3. If the streets within the subdivision are designed with a width of twenty- four (24) feet, there shall be a condition included in the Declaration of Covenants and Restrictions that there shall be no on street parking in the subdivision. If the streets are designed as originally proposed, in accordance with the twenty-eight (28) foot specification, this condition will not be required. 4. There shall be no construction on Lots 13, 14, 24 and 27 in "ELIJ^H'S LANE ESTATES, Sections 2 · and Lots 5 and 6 in "ELIJAH'S LANE ESTATES, Sections 3'. These lots shall remain as open space until such time as individual on site wells comply with the "Private Water System Standards" of the Suffolk County Department of Health or the subject tot is connected to an approved public water supply. 5. The use and development of the portion designated as Open Space Easement on Lot Number 4 of the Elijah's Lane Estates Section Three subdivision, will 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 -2- of field crop (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 productions (including cattle, sheep, goats, horses and poultry) which ars found acceptable and reasonable necessary 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. Said covenants shall run with the land and shall be binding on the heirs, successors and assigns of the declarant, subject to the right of the Town of Southold to amend, modify or repeal said covenants at any time with the permission of the owner of said property.' 6. That the following shall be adhered to on that portion of Lot, Number 4 outside the Building Envelope which is designated the Open Space Easement 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 -3- 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, (fallow farmland) 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 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 right of ways for non-farming vehicular use shall be constructed or 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. -4- 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 for Lot Number 4 as designated on the final subdivision plat for Elijah's Lane Estates Section Three. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Open Space 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. 7. The Open Space Easement area is located within the Special Groundwater Protection Area (SGPA), and therefore, any future use of this area shall be subject to any restrictions required for property within a SGPA. 8. That the owner of said Lot Number 4 reserves the right to the exclusive use and possession of the area known as the Open Space Easement, 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 Open Space Easement, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to -5- monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times. 9. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, open space easements, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 10. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enfome the conditions and restrictions of the covenants. These rights of inspection and enfomement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 11. 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 Southoid 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. IN WITNESS WHEREOF, the declarant has executed this Declaration of -6- Covenants and Restrictions on the date as above written. Buovodantona Aliperti State of New York ) : SS.: County of Suffolk ) On the day of ,1996 , before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, New York 11778 -'7- OFFER OF DEDICATION THIS OFFER OF DEDICATION made and dated the of ,1996 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, owner of the of the property shown on subdivision known as "ELIJAH'S LANE ESTATES, Sections 2 and 3 ' which maps are to be filed in the Office of the Suffolk County Clerk, covering premises situate at Mattituck, Town of Southold, Suffolk County, New York. NOW, THEREFORE, in consideration of the premises, Buovodantona Aliperti, irrevocably offers to convey and cede fee title to the Town of $outhold of the land areas designated on said subdivisions maps as '50' wide right of way' parallel to the Long Island Rail Road, as more fully described on Schedule A annexed hereto, for the purpose of future road dedication or as a recreational trail, 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, 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 therein in all conveyances of lots or parcels on said subdivision map. Buovodantona Aliperti STATE OF NEW YORK) COUNTY OF SUFFOLK) : SS On the day of ,1996, before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the sam e. Notary Public Record & Return to: Buovodantona Aliperti 81 Haliock Lane Rocky Point, New York 11778 PLANNING BOARD MEMBERS' RICHARD G. WARD Chairman GEORGE RITCHIE LATI{AM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June II, 1996 B. Anthony Aliperti P.O. Box 149 Shirley, NY 11967 Re: Proposed major subdivision for Elijah Lane Estates - Sec. 2 & 3 SCTM# 1000-108-4-7. I Dear Mr. Aliperti: The following resolution was adopted by the Southold Town Pfanning Board at a meeting held on Monday, ~une 10, 1996: BE IT RESOLVED that the Southold Town Planning Board set Monday, July 8, 1996 at 7:00 p.m. for a final public hearing on the maps dated March, 1996. Please refer to Melissa Spiro's letter dated June 4, 1996, in regard to items which must be submitted prior to the public hearing. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The si[~n and notification form is enclosed for your use. Please return the endorsed Af~davit of Posting and the certified return receipts on the day of, or at the public hearin§. Please contact this or, ce if you have any questions regarding the above. Sincerely, F~chard G. Ward Chairman enc. PLANNING BOARD M~EMBER~ RICHARD G. WARD Chairman GEORGE RITCHIE LATI-{AM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMER$ KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 4, 1996 B. Anthony Aliperti Box 149 Shirley, NY 11967 RE: Proposed Subdivision Elijah's Lane Estates Sections 2 and 3 SCTM# 1000-108-4-7.1 Dear Mr. Aliperti: I have reviewed the maps and documents submitted on May 29, 1996. Please note the following: The following changes must be made to the Declaration of Covenants and Restrictions: io Paragraph Number 2 must be revised to include the following underlined words and must read as follows: "There shall be no further subdivision of any lot within the subdivision in perpetuity. This restriction inchides Lot Number 4, which contains an Open Space Conservation Easement. This subdivision has been designed as a clustered subdivision and it has been designed at its full development density. B. Paragraphs Numbered 11 a-d must be located before paragraph Number 5. C. Paragraph Numbe~ 8 must be the last paragraph of the document. As requested, the Offer of Dedication has been revised to state that the 50' r-o-w is to be used for possible future recreational trail use in addition to possible future road dedication. However, a statement was added to the map that the 50' wide r-o-w is to be used for future recreational trail use. This statement must be removed. The 50' wide r-o-w is to be labeled "50' wide r-o-w to be offered for dedication to the Town." The Offer of Dedication explains that the r-o-w is to be used for future road dedication or as a future recreational trail. EHjah's Lane Estates, Sections 2 & 3 June 4, 1996 Page 2 On June 10, 1996, the Planning Board will be scheduling the proposed subdivision for a final public hearing to be held on July 1, 1996. You will receive notice of the hearing date under separate cover. The above mentioned information must be submitted at least one week prior to the July 1st public hearing. Please refer to my letter of May 7, 1996, addressed to George Wieser, in regard to additional information regarding the subdivision. Please feel free to contact me if you have any questions regarding the above. Sincerely,. ~ Submission Without a Cover Letter Sender:C. ~ \19~i Date: Subject: SCTM#: Comments: ~4AY291996 f '' PLA~'id',, !G E:L~A~D j OFFER OF DEDICATION THIS OFFER OF DEDICATION made and dated the of ,1996 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, owner of the of the property shown on subdivision known as "ELIJAH'S LANE ESTATES, Sections 2 and 3 "which maps are to be filed in the Office of the Suffolk County Clerk, covering premises situate at Mattituck, Town of Southold, Suffolk County, New York. NOW, THEREFORE, in consideration of the premises, Buovodantona Aliperti, irrevocably offers to convey and cede fee title to the Town of Southold of the land areas designated on said subdivisions maps as "50' wide right of way" parallel to the Long Island Rail Road, as more fully described on Schedule A annexed hereto, for the purpose of future road dedication or as a recreational trail, 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, 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 therein in all conveyances of lots or pamels on said subdivision map. Buovodantona Aliperti STATE OF NEW YORK) COUNTY OF SUFFOLK) : SS On the day of ,1996, before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, New York 11778 C:\W PDOCS~,LIP ERTl\OFF D ED.DOC May 26, 1996 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made and dated the of ,1996 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, hereinafter referred to as the "declarant". WITNESSETH WHEREAS, declarant is the owners in fee simple of the real property described in Schedule A annexed hereto and made a part hereof; and WHEREAS, an application for approval of the subdivision known as "ELIJAH'S LANE ESTATES, Sections 2 and 3" described in Schedule A has been filed with the Planning Board of the Town of Southold; and WHEREAS, the Planning Board has determined that such subdivision would be granted, provided the applicant covenants to use his property in conformance with the zoning ordinances of the Town of Southold and further convents as hereinafter provided. WHEREAS, the declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants upon said real property and create an Open Space Easement with respect to a portion of said real property, NOW, THEREFORE, in consideration of the premises, the declarant declares that the above described real property is held subject to the following covenants: 1. That the subject premises shall be used in conformity with the zoning ordinance of the Town of Southold. 2. There shall be no further subdivision of any lot within the subdivision, in -1- perpetuity, including Lot Number 4 which contains an Open Space Conservation Easement. This is a clustered subdivision and has been designed to its full capacity. 3. If the streets within the subdivision are designed with a width of twenty- four (24) feet, there shall be a condition included in the Declaration of Covenants and Restrictions that there shall be no on street parking in the subdivision. If the streets are designed as originally proposed, in accordance with the twenty-eight (28) foot specification, this condition will not be required. 4. There shall be no construction on Lots 13, 14, 24 and 27 in "ELIJAH'S LANE ESTATES, Sections 2 "and Lots 5 and 6 in "ELIJAH'S LANE ESTATES, Sections 3". These lots shall remain as open space until such time as individual on site wells comply with the "Private Water System Standards" of the Suffolk County Department of Health or the subject lot is connected to an approved public water supply. 5. That the following shall be adhered to on that portion of Lot, Number 4 outside the Building Envelope which is designated the Open Space Easement 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, (fallow farmland) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan -2- 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 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 right of ways for non-farming vehicular use shall be constructed or 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 for Lot Number 4 as designated on the final subdivision plat for Elijah's Lane Estates Section Three. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Open Space 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. 6. The Open Space Easement area is located within the Special Groundwater Protection Area (SGPA), and therefore, any future use of this area shall be subject to any restrictions required for property within a SGPA. 7. That the owner of said Lot Number 4 reserves the right to the exclusive use and possession of the area known as the Open Space Easement, 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 Open Space Easement, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times. 8. 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 $outhold after a public hearing. Adjoining property -4- owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 9. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, open space easements, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 10. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enfome the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 11. The use and development of the portion designated as Open Space Easement on Lot Number 4 of the Eiijah's Lane Estates Section Three subdivision, will 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 -5- of field crop (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 productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonable necessary 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. Said covenants shall run with the land and shall be binding on the heirs, successors and assigns of the declarant, subject to the right of the Town of Southold to amend, modify or repeal said covenants at any time with the permission of the owner of said property.' IN WITNESS WHEREOF, the declarant has executed this Declaration of Covenants and Restrictions on the date as above written. Buovodantona Aliperti -6- State of New York County of Suffolk SS.: On the day of ,1996 , before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, New York 11778 C;\W PDOC S~ALI P E RTI\R EVC& R.DOC May 26, 1996 -?- By Laws of Elijah's Lane Home Owners Association, Inc. Article I - Name, Location and Principal Office These are the By Laws of Elijah's Lane Home Owners Association, Inc., hereinafter referred to as the "Association." The principal; office of the "Association" shall be % Buovodantona Aliperti, 1138 William Floyd Parkway, Shirley, New York 11967_. Article II - Definitions The following words when used in these By Laws shall, unless the context prohibits, have the meanings set forth below: 1. "Association" shall mean and refer to Elijah's Lane Home Owners Association, Inc., a New York Not for Profit Corporation. 2. "Developer" shall refer to Buovodantona Aliperti, his successors and assigns if such 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. 3. "Declaration" shall mean and refer to the Declaration of Covenants and Restrictions, applicable to the Properties and amendments thereto, if any, in the Office of the Clerk of the County of Suffolk, New York. 4. 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 maps of "ELIJAH'S LANE ESTATES, Sections 2 and 3" a metes and bounds description of which is attached as Schedule A 5. "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the subdivision maps of the Properties. 6. "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article IV. -1- 7. "Home" shall mean and refer to all units of residential housing situate upon lots on the Properties. 8. "Owner" shall mean and refer to the record owner of fee simple title to any of, including the Developer with respect to any unsold lot. Every 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 as a tenancy by the entirety. Majority vote of such owners shall be necessary to cast any vote to which such owners are entitled. 9. "Drainage Area and Roads" shall refer to certain ares of land other than individual lots as shown on the filed subdivision maps and intended to be used for the benefit of the owners of the Properties. 10. "Development shall mean "ELIJAH'S LANE ESTATES, Sections 2 and 3" a 27 lot subdivision located along Elijah's Lane, Mattituck, Town of Southold, New York. Article III - Purpose This Association is formed to own, operate and maintain the Drainage Area and Roads as shown on the subdivision maps for the benefit of the Members until such time as the offer of dedication for the Drainage Area and Roads is accepted by the Town of Southold, and to otherwise act according to the provisions of the Declaration. 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 IV - Membership and Votin,q Riqhts Membership. The Association shall have one class of membership as follows: The owner of each Lot on the Properties shall be a Member whether such ownership is Member ownership is joint, in common or as a 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 interest in any Lot, the one vote attributable to such Lot shall be exercised s such persons mutually determine but with 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 divide its votes on any motion, resolution pr ballot other than in the cumulative voting procedure employed in the election of Directors. -2- Article V - Quorum, Proxies and Waivers 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 proscribed 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 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 adjoum the meeting. At least five days written notice of such adjourned meeting shall be given to all members. At such adjourned meeting, so many members as shall represent at least one third of the total authorized votes of all Members shall constitute a quorum. Vote Required to Transact Business. When a quorum is present at a meeting, the vote of a majority of the Members 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 express provision of the Statute, Declaration, Certificate of Incorporation or of these By Laws, a different vote is required, in which case such express provision shall govern and control the decision of such questions. 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. 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. Waiver and Consent. Whenever the vote of the membership at a meeting is required or permitted by Statute or by any provision of the Declaration, 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 dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Place of Meetinq. -3- Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and described in the notices of such meetings. Annual Meetinqs. 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 theses By Laws. The members may also transact such other business as may properly come before the meeting. Special Meetinqs It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of members. Not ce of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof, 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 by these By Laws shall be considered notice served. Order of Business. The order of business at all meetings shall be as follows: 2, 3. 4. 5. 6. 7. 8. 9. Roll call, Proof of notice of meeting or waiver of notice, Reading of minutes of preceding meeting, Report of Officers, Report of Committees, Appointment of inspectors of election ( in the event there is an election), Election of Directors ( in the event there is an election), Unfinished business' New business. Article VI - Board of Directors Number and Term. The number of Directors which shall constitute the whole Board shall not be -4- less than three nor more than five. An initial Board consisting of three Directors shall e designated by the Developer to serve until the meeting and at all subsequent annual meetings, the Members shall vote for and elect five Directors to serve 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 at least nineteen years of age. Cumulative Votinq and Right of Developer to Desiqnate 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 or she sees fit. Not withstanding the foregoing, the Developer shall have the right to designate three Directors until the second anniversary date of the recording of the Declaration or until 51% of the Lots in the Development are sold, whichever is sooner. Thereafter, the Developer shall have the right to designate one Director for so long as it holds at least one membership. The Developer may not cast its vote to elect any/Directors in addition to the designated Directors set forth above. Vacancy and Replacement. If the office of any Director shall become vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise majority of the remaining Directors though less than a quorum, a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified In the event a Director appointed by the Developer resigns the Developer shall have the right to appoint another Director in his place.. Removal. Directors may be removed for cause by an affirmative vote of a majodty of Members. No/director, other than a designee of the Developer, shall continue to serve on the Board of Directors if during the term of office he shall cease to be a member. Powers. 1. 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 -5- such lawful acts and things as are not by Statute,/declaration, Certificate of Incorporation or by these By Laws, directed or required to be exercised or done by the members or Owners personally. These powers shall specifically include, but not be limited to the following items: a. To determine and levy assessments provided for in the Declaration. The Board 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, b. To collect use and expend the assessments, c. To maintain the Drainage Area and Roads as shown on the subdivision maps for the benefit of the Members until such time as the offer of dedication for the Drainage Area and Roads is accepted by the Town of Southold, d. To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts, e. To collect delinquent assessments by suit or otherwise, to abate nuisances ad to enjoin or seek damages from Members for violation of the rules and regulations herein referred to. f. 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 I writing ad delivered a copy of such rules and all amendments thereto to each Member. g. To employ workmen. Contractors and supervisory personnel;, to purchase supplies and equipment, to enter into contracts to provide maintenance and other services and generally to have the powers of Directors in connection with the matters herein set forth. h. To hire a managing agent to perform and exercise the powers of the Board of Directors in the management of the Development. 2. The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, each of such committees to consist of at least three Members, one of whom shall be a Director, which to the extent provided said resolution or resolutions shall have management of the business and affairs of the Association and may have power to sign all papers which shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution of the Board of Directors. Committees established by resolution of the Board of Directors shall keep -6- regular minutes of their proceedings and shall report the same to the Board as required. Compensation Directors and officers as such shall receive no compensation for their services. Meetings 1. The first meeting of each Board newly elected by the Members shall beheld immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. notice. Regularly scheduled meetings of the Board may be held without special 3. Special meetings of the Board may be called by the President upon two days notice to each Director either personally, by mail or by such other means as may reasonably be calculated to convey notice of such meeting. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two Directors. 4. 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 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 be otherwise specifically provided by Statute or by the Declaration or by these By Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time without notice other than an announcement at the meeting until a quorum shall be present. 5. 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 ar any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If ail the Directors are present at any meeting of the Board, no notice shall be required any business may be transacted at such meeting. -7- Annual Statement The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at a special meeting 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 certified public accountant and a statement regarding any taxable income attributable to the Members. If any, and a notice of the holding of the annual meeting of Association Members. Fidelity Bonds The Board of Directors shall require that all officers and employees of the Association handling or responsible for Association funds shall fumish adequate fidelity bonds. The premiums for such bonds shall be an expense of the Association. Article VII - Officers Elective Officers The officers of Association shall be chosen by the Board of Directors and there shall be a President, Vice President, Secretary and 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 of occupants entitled to the use of the Properties in lie 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. Election The Board of Directors, at its first meeting after each annual meeting of the Association Members shall elect a President, Vice President, Secretary and Treasurer. Only the President must be a member of the Board. Appointive Officers The Board of Directors may appoint such other officers as it shall deem necessary who shall hold their office for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board of Directors. -8- Term The officers shall serve for a period of one year or until their successors are chosen and qualify in their place. An officer elected or appointed by the Board of Directors may be removed with or without cause, at any time, by an affirmative vote of a majority of the Board of Directors present at such' meeting, If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. The President. The President shall be the Chief executive officer of the Association; and shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex officio member off all standing committees, shall have the general and active management of the business of the Association, shall see that all orders and resolutions of the Board of Directors are carried into effect and shall have such other powers and duties as are usually vested in the office of President of a corporation organized under the Not For Profit Law of the State of New York. The Vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act and shall have other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not For Profit Law of the State of New York. The Secretary The Secretary and/or Assistant Secretary shall attend all sessions of the Board of Directors 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 require. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be required by the Board of Directors or the President, under whose supervision her shall be. The Treasurer The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of the receipts and disbursements in books belonging to the Association including 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 depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent if any. -9- 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 of Directors, making proper vouchers for such disbursements and shall render to the President and the Directors, at the regular meeting of the Board of Directors, or whenever they may require it. An account of all his transactions as Treasurer and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which amongst other things shall contain the amount of each assessment, the date when due, the amount paid and the balance remaining unpaid. 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 VIII - Notice Definitions. Whenever under the provisions of the Declaration or 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 may be in writing, by mail, by depositing the same in a post office or letter box in a post paid wrapper addressed to the Board of Directors, such Director, or Member, at such address as appears on the books and records of the Association. Service of Notice - Waiver. Whenever any notice is required to be given under the provisions of the Declaration or 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 IX - Amendments These By Laws may be altered, amended or added to at any duly called meeting of the Association Members provided: a) that the notice of the meeting shall contain a full statement of the proposed amendment and b) that the amendment be approved by at least a two thirds of the Members. No amendment, however, shall affect or impair the validity or priority of the Members' interests and the interests of a modgage encumbering any Member's Lot. Nor shall any amendment have the effect -10- of infringing upon the Developer's right to make membership in or use of the Association available to pumhasers or lessees of the Lots of the Properties. Article X - Sellinq, Leasing and Gifts of Lots, Sellinq and Leasinq Lots. Any Lot may be conveyed or leased by a Member free of any restrictions, except that mo 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 or lease of such 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 of the amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the issuance of such statements. The provisions of this section shall 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 assessments which are assessed and become due after the acquisition of title to such Lot by the Mortgagee and to any other pumhaser from such mortgagee. Whenever the "Lot" is referred to in this section, it shall include the Lot, the Members interest in the Association and the Member's interest in any Lots acquired by the Association. Gifts. Any member may convey or transfer his Lot by gift during his lifetime or devise his Lot by will or pass the same by intestacy without restriction, Article Xl - General Provisions Fiscal Year. The Fiscal year of the Association shall be fixed by resolution of the Board of -11- Directors. 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. Examination of Books and Records. Each Member, or their respective representative and first mortgagee, shall be entitled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to the Board of Directors. The Declaration, Certificate of Incorporation and the By Laws of the Association shall be available at the principal office of the Association. Construction. Laws, plural, Whenever the masculine singular for of the prom=noun is used in these By it shall be construed to mean the masculine, the feminine or neuter, singular or whenever the context so requires. In the case of any conflict between the Certificate of Incorporation and these By Laws, the Certificate shall control. Severability. Should any of the covenants, terms or provisions herein imposed become unenforceable at law or in equity, the remaining provisions of these By Laws shall, nevertheless, be and remain in full force and effect. -12- THE UNDERSIGNED DIRECTORS hereby 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: ,1996 Elijah's Lane Home Owners Association, Inc. By: Director By: Director By: Director State of New York SS.: Counht of Suffolk On the day of , 1996 before me personally came to me known who being duly sworn did depose and say that he resides at that he is a Director of Elijah's Lane Home Owners Association, Inc., the corporation described in and which executed the foregoing instrument, that he did so by order of the Board of Directors of said corporation; and that he signed his name thereto by like order, Notary Public State of New York ) -13- : SS.: County of Suffolk ) On the day of ,1996 before me personally came to me known who being duly sworn did depose and say that he resides at that he is a Director of Elijah's Lane Home Owners Association, Inc., the corporation described in and which executed the foregoing instrument, that he did so by order of the Board of Directors of said corporation; and that he signed his name thereto by like order, Notary Public State of New York SS.: County of Suffolk On the day of ,1996 before me personally came to me known who being duly sworn did depose and say that he resides at that he is a Director of Elijah's Lane Home Owners Association, Inc., the corporation described in and which executed the foregoing instrument, that he did so by order of the Board of Directors of said corporation; and that he signed his name thereto by like order, Notary Public -14- Subndssion Without a Cover Letter Sender: Subject: SCT~I# 1000- Comments: LJL APR 3 0 1996 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made and dated the 10th of January, 1996 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, hereinafter referred to as the' "declarant", as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the ("PREMISES") desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereb.v declare that said PREMISES shall be held and shall be conveyed sgb~L.e~.~ .!o the following covenants and restrictions: WITNESSETH ' 1. DECLARANT has made application to the Suffolk C~~ Health Services (hereinafter referred to as the DEPARTMENT) for approval of a subdivision or development on the PREMISES known as "ELIJAH'S LANE ESTATES, Sections 3.. .,~- 2. As a condition for the approval of the DEPARTMENT, of such application, the DECLARANT agrees that there shall be no construction on Lots 5 and 6 and that said lots shall remain as open space until such time as individual on - site wells comply with the Private Water System Standards of the DEPARTMENT or the lot is connected to an approved public water supply. 3. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein= shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordin.ances, and/or regulations in effect at thetimeof execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. 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 deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of S. uffolk or any officer or employee thereof. 7. 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 may be terminated, revoked or amended only with the written consent of the DEPARTMENT. 8. 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. 9. Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or'of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local~Law'#32-1980. IN WITNESS WHEREOF, the declarant has executed this Declaration of Covenants and Restrictions on the date as above written. /~~ · STATE OF NEW YORK) : SS COUNTY OF SUFFOLK) On the day of~/ , brefore me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. 'Notary Public JODY J. YETTI Notary Publ;c, State of New York No. 01YE482~o359 Oualifie~-~ Su f folk County ~?_ Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Poiqt, New York 11778 Schedule "A" Map of Elijah's Lane Estates, Section 3 BEGINNING AT A POINT on the northerly side of Tabor. Road said pgint being distant 464.56 feet westerly from the~end of a curve connecting the northerly side of Tabor Road and the westerly side of Elijah' s Lane. THENCE westerly S 51 degrees 21 minutes 10 seconds west 75.42 feet. THENCE southerly S 37 degrees 40 minutes 40 seconds East 54.54 feet. THENCE westerly S 21 degrees 19 minutes 20 seconds West 267.60 feet to land now or formerly of Grabowski. THENCE northerly along said land the following four (4) courses and distances. 1. N 38 degrees 31 minutes 50 seconds West 462.97 feet. 2. N 34 degrees 42 minutes 50 seconds west 492.40 feet. 3. N 36 degrees 31 minutes 50 seconds West 423.50 feet. 4. N 40 degrees 09 minutes 50 seconds west 124:30 seconds to land now or formerly Long Island Railroad. THENCE easterly along said land N 46 degrees 11 minutes 40 seconds East 539.62 feet to the westerly map line of Elijah's Lane Estates Section 1, File No. 6065. THENCE southerly along said map line s"38 degrees 14 minutes 50 seconds East 1,339.29 feet. THENCE westerly S 52 degrees 19 minutes 20 seconds west 258.89 feet, THENCE southerly along the arc of a curve bearing to the right having a radius of 1,957.49 feet and a length of 139.94; along the arc of a curve bearing to the left having a radius of 25.00 feet and a length of 39.69 feet to the point or place of BEGINNING. - SCHEDULE "B" CONSENT OF MORTGAGEE/LIENOR DECLARANT: Buovodantona Aliperti, 81 Hallock Lane, Rocky Point, New York NAME OF SUBDIVISION: "ELIJAH'S LANE ESTATES, Sections 3. In the matter of the application of Buovodantona Aliperti the undersigned, as holder of a mortgage or lien on premises described in Schedule' "A" annexed hereto, hereby consents to the annexed covenants and restrictions on said premises. Edward Sokol STATE OF NEW YORK) : SS.: COUNTY OF: SUFFOLK) On the ~ day of December, 1995 before me personally came Edward Sokol, to me known to be the individual described in ~nd who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public B'(~X~S 5 THRI~ 9 MUST BE TYI~I~OR PRINTED IN BLACK INK ONLnlI~RIOR TO RECORDING OR FILING Number of pages TORRENS ~erial # Certificate # ~'rior 4~lf# Dced/ Mortgage Instrument Deed / Mortgage Tax Stamp Recording / F!ling Stamps FEES 41 Page / Fifiog Fee ] ~. -- ilandling ~ d · TP-584 Notation EA-$217 (County) Sub Total t~.'~. '""" EA-5217 (State) R.P.T.S.A. 5 . 0O Comm. of Ed. Affidavit Certified Copy Reg. Col)y Sub Total Real Property Tax Service Agency Verification Section Block Lot Dist Mortgage Amt. 1. Basic Tax 2. SONYMA Sub Total 3. SpecJAdd. TOT. MTG. TAX Dual Town Dual County Held for Apportionment__ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Title Company Information Company Name Title Number I ng& Endorsement Page This page forms part of the attached ~. , -/¢~ v. ; C. ~, made by: (Deed, ortgage, etc.) -/,'~ c,' V ¢'/67~¢~?t¢/-,/¢ /0 {- //"~,/'L~'-/' The premises herein i, siluated in SUFFOLK COUNTY, NEW YORK. In the V~LAGE Payer same as R & R__ '*" ] OR: ~ I FEE PAID BY: iF I Cash ~' Check __Charge RECORD & RETURN TO DECLARATI( AND THIS DECLARATION made and dated the 10th of January, Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, hereinafter referred to as the "declarant", as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the ("PREMISES") desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WlTNESSETH 1. DECLARANT has made application to~ the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for approval of a subdivision or development on the PREMISES-known as 'ELIJAH'S LANE ESTATES, Sections 2. ...~. 2. As a condition for the approval of the DEPARTMENT, of such application, the DECLARANT agrees that there shall be no construction on Lots 13, 14, 24 and 27 and that said lots shall remain as open space until such time as individual on - site wells comply with the Private Water System Standards of the DEPARTMENT or the lot is connected to an approved public water supply. 3. The DECLARANT, its successors and!or assigns shall set forth these covenants, agreem'ents and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein= shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. 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 deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned Restrictive Covenants shall be enfomeable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equ~ or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of .Suffolk or any officer or employee thereof. 7. 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 may be terminated, revoked or amended only with the written consent of the DEPARTMENT. 8. 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. 9. Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or-of any political party, with the purpose or intent of securing favorable treatment with respect to the pedormance of an agreement, and that such person has read an.d is familiar with the provisions of Local Law ~f32-1980. IN WITNESS WHEREOF, the declarant has executed this Declaration of Covenants and Restrictions on the date as above written. STATE OF NEW YORK) : SS COUNTY OF SUFFOLK) _ .=. ~, On the day of~/ , b~fore me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public Nora P~JbOIpYJ*Y~'~''' Qualified in Suffolk County ~ ~ Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Poin, t, New York 11778 'C' or~, I1_~ SUFFOLK COUNTY CLERK ' I 11761 t;647 - '--- TORRENS Serial # Certificate # Prior ~f# Deed / Mortgage Instrument PRINTED IN BLACK INK ONL~RIOR TO RECORDING OR'FILiNG. ,,I Deed / Mortgage Tax Stamp FEES Recording I Filing Stamps Page / Filing Fee Ilandling TP-584 Nntation EA-5217 (C0unty) EA-5217 (State) ILP. T.S.A. Comm. of Ed. Affidavit Certified Cnpy Reg. Copy ()ti*er /? 5_._00_ Sub To,al ~D · GRAND TOTAL Real Pre ,erty Tax Service Agency Verification Dist Section Block I~ £~o Lot Mortgage Amt, 1. Basic Tax 2. SONYMA Sub Total 3. Spec.lAdd. TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page O. of this instrument. Title Company Information Company Name Title Number RECORD & RETURN TO fADDRESS} Suffolk County Recording & Endorsement Page This page forms part of the attached !)F ¢~Zc/?~/~m//c,~ ~-~c,/~,=/~'~Y made by: (Deed, Mortgage, etc.) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. ,,, ,,,e .59 - lu the VILLAGE or HAMLET of CONTRACT FOR SALE OF REAL PROPERTY --.Z AGREEMENT made th~s day of ~5, between Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, hereinafter referred to as "Seller", and George Wi~1030 Count~ Club Drive, Cutchogue, New York and Isaac Saidmehr, residing at 69 Hilltop Drive, Manhasset, New Yo~, hereinafter referred to as ' -- -- WITNESSE~H; --~ -- Seller agrees to sell and convey and Purchaser agrees to purchase, As per Schedule 'A" annexed hereto. THE PURCHASE PRICE IS ................... Payable as follows: $605,000.00 On the signing of the contract by check, subject to collection, to the order of Irwin. Popkin, as attorney: ...................... $20,000.00 Balance ..................... $585,000.00 Payable in good certified check or official' bank check of any bank having a banking office in the State of New York to the order of the Seller only. The premises are sold subject to: 1. a. Covenants and restrictions and dedications, if any, of record, affecting said premises, in favor of the Town of Southold and/or the County of Suffolk and any department thereof, that where required to effectuate the subdivision and the filing of the subdivision map of the real property of which the prem!ses herein are a part. b. Rights of gas, electric, cable television and other utilities, if any, to maintain and operate lines, wires cables, poles and distribution boxes in, over and upon s~id premises; c. Such state of facts as an accurate survey and physical inspection may show, provided that title is not thereby rendered unmarketable. d. Building restrictions and regulations in resolution or 1 SCHEDULE A OVER ALL DESCRIPTION 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, bounded a~ld described as follows: ' ~ BEGINNING at a point on the southerly side of land of the Long Island Railroad, distant 250 feet southwesterly as measured along said land from its intersection with the southwesterly side of Elijah's Lane; RUNNING THENCE South 38 degrees 14 minutes 50 seconds East along the westerly line of Map of Elijah's Lane Estates, Map No. 6065, 2955.22 feet to a point; THENCE South 51 degrees 21 minutes 10 seconds West, 75.38 feet to a point; THENCE South 38 degrees 38 minutes 50 seconds East, 50.00 feet to a point; THENCE South 51 degrees 21 minutes 10 seconds West,. 169.19 feet to a point; THENCE on a curve to the right with a radius of 75.00 feet, an arc distance of 92.32 feet to a ,point; , THENCE South 51 degrees 21 minutes 10 seconds West, 276.57 feet to a point on the easterly side of land of Agnes Grabowski; THENCE along said land, the following 8 courses and distances: 1. North 38 degrees 30 minutes 50 secori~f'~ West, 197.78 feet to a point; 2. North 36 degrees 32 minutes 50 seconds West, 162.95 feet to a point; 3. North 37 degrees 36 minutes 50 seconds West, 297.63 feet to a point; 4. North 37 degrees 92 minutes 50 seconds West, 566.37 feet to a point; 5. North 38 degrees 31 minutes 50 seconds West, 643.60 feet to a point; 6. North 34 degrees 42 minutes 50 seconds West, 494.40 feet to a point; 7. North 36 degrees 31 minutes 50 seconds West, 423.50 feet to a point; and 8. North 40 degrees 09 minutes 50 seconds West, 124.25 feet to a point on the southerly side of the Long Is'land Railroad; THENCE along said land North 46 degrees 11 minutes 40 seconds East, 539.62 feet to the point, or place of BEGINNING. Schedule "A" Map of Elijah's, Lane Estates Section 2 BEGINNING AT A POINT on the northerly side of Rachael's Road said point being distant 244.62 feet westerly from the end of a curve connecting the northerly side of Rachael's Road and the westerly side of Elijah's Lane. THENCE westerly S 51 degrees 21 minutes 10 seconds West 75.38 feet. THENCE southerly S 38 degrees 38 minutes 50 seconds East 50.00 feet. THENCE westerly s 51 degrees 21 minutes 10 seconds West 169.19 feet. THENCE north westerly along the arc of a curve bearing to the right having a radius of 75.00 feet and a length of 92.32 feet. THENCE westerly S 51 degrees 21 minutes 10 seconds West 276.57 feet to land now or formerly of Grabowski. Thence northerly along land now or formerly of Grabowski the following five (5) and distances. 1. N38 2. N36 3. N37 4. N37 5. N38 degrees 30 minutes 50 seconds west 197.78 feet. degrees 32 minutes 50 seconds west 162.95 feet. degrees 36 minutes 50 seconds .West 297.63 feet. degrees 02 minutes 50 seconds"West 566.37 feet. degrees 31 minutes 50 seconds west 180.63 feet THENCE easterly N 52 degrees 19 minutes 20 seconds East 267.60 feet. THENCE northerly N 37 degrees 40 minutes 40 seconds west 54.54 feet. THENCE easterly N 51 degrees 21 minutes 10 seconds East 75.42 feet. THENCE north westerly along the arc of a curve bearing to the right having a radius of 25.00 feet and a length of 39.69 feet. THENCE northerly along the arc of a curve bearing to the left having a radius of 1,957.49 feet and a length of 139.94 feet. THENCE easterly N 52 degrees 19 minutes 20 seconds East 258.89 feet to the westerly map line of the Map of Elijah's Lane Estates Section 1, File No. 6065. THENCE southerly along said map line s 38 degrees 14 minutes 50 seconds east 1,615.93 feet to the point or place BEGINNING. Schedule "A" Map of Elijah's Lane Estates, Section 3 BEGINNING AT A POINT on the northerly side of Tabo~ Road said point being distant 464.56 feet westerly from the ~nd of a curve connecting the northerly side of Tabor Road and the westerly side of Elijah' s Lane. THENCE westerly S 51 degrees 21 minutes 10 seconds west 75.42 feet. THENCE southerly S 37 degrees 40 minutes 40 seconds East 54.54 feet. THENCE westerly S 21 degrees 19 minutes 20 seconds West 267.60 feet to land now or formerly of Grabowski. THENCE northerly along said land the following four (4) courses and distances. 1. 'N 38 degrees 31 minutes 50 seconds West 462.97 feet. 2. N 34 degrees 42 minutes 50 seconds west 492.40 feet. 3. N 36 degrees 31 minutes 50 seconds West 42,3.50 feet. 4. N 40 degrees 09 minutes 50 seconds west 124.30 seconds to land now or formerly Long Island Railroad. THENCE easterly along said land N 46 degrees 11 minutes 40 seconds East 539.62 feet to the westerly map line of Elijah's Lane Estates Section 1, File No. 6065. THENCE southerly along said map line '~38 degrees 14 minutes 50 seconds East 1,339.29 feet. THENCE westerly S 52 degrees 19 minutes 20 seconds west 258.89 feet. THENCE southerly along the arc of a curve bearing to the right having a radius of 1,957.49 feet and a length of 139.94; along the arc of a curve bearing to the left having a radius of 25.00 feet and a length of 39.69 feet to the point or pla,ce of BEGINNING. t 25. Irwin Popkin has agreed to act as Escrowee agent as a convenience h parties and not as agent to either. Its responsibility as Escrowee is limited solely to the conditions set forth herein and we are authorized to release the escrow upon completion of the purpose for which the escrow is held. The down payment funds shall be maintained in an attomeys IOLA/escrow accouht at Extebank, Shirley, New York, 11967, subject to the terms and conditions hereof and subject to modification between the attorneys for the respective parties. 26. In the event of disagreement between the parties concerning the release of the escrow, the escrow agent is authorized not to release the escrow'until the parties agree, in writing, ~s to the disbursement of the fund. In the event of litigation concerning the fund, it is authorized to pay the money into court and, on so doing, it shall be completely discharged with respect thereto. 27. In the event any fees or expenses are incurred as Escrowee, the parties shall reimburse the escrowee equally and the fund shall stand as security for such reimbursement. 28. Any action or proceeding arising out of this agreement shall be commenced and triable in the Supreme Court, Suffolk County; County Court, Suffolk Cou.nty or District Court, Suffolk County, whicheve{ shall be the lowest court having jurisdiction of the subject matter of the action, and ~n no Isaac Saidmohr Irwin Popkin, Escrowee C:\WPDOCS~CONTRACT'~LIPERTI~CONTRCT2.DOC OCOUNTY Of SUFFOLK ROI~ERT J. ~3AFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT Of HEALTH SERVICES November 3, 1993 MARY E. HIBBERO. M.D.. M.P.H. COMMISSIONER Mr. Anthony Aliperti 1138 William Floyd Parkway P.O. Box 149 Shirley, N. Y. 11967 Dear Mr. Ahpefli Board of Review Hearing - September 23, 1993 Proposed Subdivision of Elijah's Lane Estates, Sections 2 and 3, #87-463 and #88-308, Town of $outhold, SCTM 1000-108-4-7.1. Enclosed is a copy of the Board of Review's findings, recommendations and determination concerning the subject application. Based on the information submitted, the Board granted the request for variance subject to compliance with conditions indicated in the ddtennmatton. The granting of this waiver does not imply thfl your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very truly yours, Dennis Moran, P.E. Chairman Board of Review DM/lr Enclosure cc: Board of Review File - Riverhead Ms. Susan D. Windesheim Mr. Peter Akras, P.E. Town of Southold Planning Department SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES '¥~ d;~te*c~/ec$ DMS!ON.OF ENVIRONMENTAL QUALITY ~£/' ~o Article 2, SeCtion 760-220, Suffolk County Sanitary Code S ,,eS ~//~0o7 To: Mary E. Hibberd~ M.D., M.P.H. Commissioner Subject: Dennis Moran, P.E. Chairman, Board of Review Report of Findings md Recommendations of the Review Board Regarding: Proposed Subdivision of Elijah's Lane Estates, Sections 2 and 3, #87.463 and #88-308, Town of Sou~hold, SC'tM 1000-108-4-7.1. Applicant: Anthony Alip~rti, 1138 William Floyd padtway, P.O. Box 149, Shirley, NY 11967 Noticeof Hearing: September 9, 1993 - Hearing Date~ September 23, 1993 Statement of Problem. . . . A community type water system is required when a realty subdivmon is located in an area where groundwaters are non-potable o.r potentially hazardous in accordance with the requirements of Article 6, Section 706-606' (i'.d)-of the Suffolk County Sanitary Code. Project does not comply with Private Water Standards S~ction 406.4-126 wbercin th~ nitxat~ level of all test wells must be <6.0 mg/l and no Well may be >10 mg/l for wells test~! on th~ same day. i. Proposed development of a 40.7 acre parcel into 27 lots of grcater than 40,000 squm'~ feet in area. Section 2 consists of 15 lots on 20.35 acres and Section 3, 12 lots on 20.35 acres. 2. AppliCant noted the property was purchased in 1986. Prior to aFplicant's ownership, Section I of the subdivision was approved in 1973 for 18 lots; this section has been built. Section 2 was approved in 1974 for 19 lots, however the map was never fded. The subdivision was ~submitted to the department and the applicant received approval for Section 2 in 1988 (19 lots) and Section 3 in 1989 (8 lots). Neither Sections 2 or 3 were fded, thus subjecting the project to revised Private Water System Standards. Applicant claims map was not f'ded due to litigation. :'~Hibberd, M.D., M.P.H.. Page Two ..... , r~, ....... .aafions of the Review Board Reganling: o ~:~-t Renofl Ot prongs ~O~cunm,~u · ~ Proposed Subdivision of EhJ~ s L~e ~lates, ~ec~o~ z ~d 3, ~87~63 ~d ~88-308, To~ of Sou~old, S~ 10~-108~7.1. Fin_~.~gs and Fact~ (cont dl 3. Test well results for 2/3/93 indicate the average concentration of nitrates exceeded. allowable standard of 6 mg]l. The average nitrate concentration was 8.8 mg/L Wells were deepened and relocated on several subsequent dates, but results of testing still indicated the project was still in non-compliance. Nitrate levels ranged from 5.4 to 10.8 mg/l with total well depths ranging from 78 to 150 feet. Low levels of pesticides were also detected. The depth of some of the webs tested were not clearly documented. 4. Project complies with density requirements of Article 6. 5. Letter of 9/20/93 from Town of Southold Planning OvJelissa Spito) noted that applicant ia required to submit revised map in compliance with town requi~ments. 6. Applicant stated he was willing to accept approval at this time for one section and provide a test well on each lot for other section. Determination ' ' n ... It was a 3 to 0 detennmatto of the Board to grant the request for the va_dance provided the following conditions are met: · Approval is granted for Section 3, provided a test well ia imtalled on each lot in accordance with the requi~ments of the ~Private Water System Standard~. Section 406.4-12{b), Table 4 (5). Only those lots which cou~,|y with the regulat.i.'ons m~ to. b~ built upon. · Development of lots on Section 2 shall be r~stricted until such time as the water supply i~sne is ~resolved to the satisfaction of the depmhiien!. · Obtain all necessary Town of Southold approvals for the project· Date DM/Ir l~nni~ Moran, P.E., Chairman PLANNING BOARD M~EMBE'~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, Now York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLA_N-NING BOARD OFFICE TOWN OF SOUTHOLD May 7, 1996 George Wieser Speonk Riverhead Road Speonk, New York 11972 RE: Proposed Subdivision Elijah's Lane Estates Sections 2 and 3 SCTM# 1000-108-4-7.1 As discussed at the May 1, 1996 meeting which you attended with Issac Seidmehr, William Moore, James McMahon, Richard Ward and myself, the Planning Board awaits written confirmation that you are the contract vendee for the above mentioned property. Please clarify in the confirmation letter whether Tony Aliperti, the current owner, will be involved in any aspect of the subdivision procedure, and if so, exactly which aspects. The information listed below is required to complete the subdivision procedure. Please note which items are required prior to the scheduling of the final hearing and which items are required prior to any endorsement of the final subdivision plat. Two separate documents have been submitted in regard to the Planning Board's requirement for covenants and restrictions. The documents must be combined so that there is one overall Declaration of Covenants and Restrictions. The following revisions/additions must be made to the document: A. The condition of approval from the Health Department must be noted in the document: "There shall be no construction on Lots 13, 14, 24 & 27 in Elijah's Lane Estates, Section 2 and Lots 5 and 6 in Elijah's Lane Estates, Section 3. These lots shall remain as open space until such time as individual on-site wells comply with the Private Water System Standards of the Health Department or the subject lot is connected to an approved public water supply. Elijah's Lane Estates Sections 2 & 3 Page 2 B. Paragraph Number 2 of the document submitted as the Declaration of Covenants and Restrictions contains a statement that there shall be no further subdivision of any lot within the subdivision in perpetuity. This statement should be clarified to state that this restriction includes Lot #4 which contains an Open Space Conservation Easement. In addition, a statement should be included that the subdivision is designed as a clustered subdivision and that there is to be no further subdivision in perpetuity since it has been designed at full density. C. Paragraphs 4, 5 and 6 of the document submitted as the Declaration of Covenants and Restrictions must be the last three paragraphs of the combined document. Paragraph Number 4 of the document submitted as the Declaration of Covenants, Restrictions and Open Space Easement must be clarified so that the owner of Lot Number 4, not the Declarant, "reserves the right to the exclusive use and possession of the area known as the Open Space Easement .... " An acceptable revised draft must be submitted before the final hearing will be scheduled. The document must be recorded in the County Clerk's Office before any final endorsement of the final plat. o The Offer of Dedication must be revised to state that the 50' r-o-w is to be used for possible future recreational trail use in addition to possible future road dedication. An acceptable revised draft must be submitted before the final hearing will be scheduled. The final document must be recorded in the County Clerk's Office and filed with the Town Clerk before any final endorsement of the subdivision. 3. The following revisions to the map must be made: A building envelope for Lot #4 must be shown. Please refer to the enclosed sketch which was sent to Mr. AHperti on October 3, 1995. The building envelope was revised since the October 3rd letter, however, it was not revised to show the proper setbacks. The words "reserved for possible" are shown on the map for Sect. 2 by Teresa Lane. Please explain this statement. Elijah's Lane Estates Sections 2 & 3 Page 3 C. The 50' wide r-o-w on Sect. 3 states that the right-of-way is "to be dedicated" this should read "to be offered for dedication." The above mentioned revisions must be made prior to any endorsement of the final plat. In addition, the final map must contain a notation that a Declaration of Covenants and Restrictions was filed in accordance with the Planning Board's requirements, and must include the llber and page number of all recorded documents. w Five (5) paper prints and two (2) mylars of each Section will be required. Ail maps must contain a stamp of Health Department approval and the above mentioned items. A Homeowners Association must be incorporated for the road and drainage areas. An acceptable draft of the proposed Homeowners Association must be submitted for review by the Planning Board prior to the scheduling of a final hearing. Upon acceptance, the Homeowners Association must be recorded prior to any endorsement of the final subdivision. As discussed at the meeting, if, after conditional final approval is granted, you are able to meet the required 40,000 dollar assessed value per mile of road and all other requirements necessary to offer the roads for dedication to the Town, and the Superintendent of Highways and the Town Board accept the road dedication, the Planning Board will not require that the Homeowners Association be incorporated. The $248,675.00 Performance Guarantee for the subdivision improvements must be submitted and accepted by the Town before any endorsement of the final plat, or, the improvements must be completed to the satisfaction of the Planning Board and the Highway Superintendent before any endorsement of the final plat. The improvements may not be started until such time that conditional final approval is granted. As discussed at the meeting, the Planning Board will reduce the bond amount in the future if you choose to complete some of the improvements after conditional final approval is granted and then to post a performance guarantee for the remaining improvements. Once a performance guarantee is posted, if all other conditions are met, the final subdivision will be endorsed. Elijah's Lane Estates Sections 2 & 3 Page 4 6. The deed for Lot 4 in Section 3 must state that the lot is subject to an Open Space Conservation Easement. A draft of the deed must be submitted before any final endorsement of the subdivision. The deed must be recorded simultaneously with the final subdivision map in the County Clerk's Office. Please contact me if you have any questions regarding the above. Sincerely, Melissa Spir~ Planner cc: Tony Aliperti eno. -ES SE?.- 0 ~ lfm,-OF COVENANTS, RESTRiCTiONS AND ,'s~ / ~~..~ ....... N _ ~~~ SPACE EASEMENT THiS DECLA~AT!ON made and dated the of , 1995 by Buovcdantona ~ne~' residing a~ o! ' ~ ~ - ' ~ Ea_~ocm mane, Rocky Point, New York, i ~=~ ~= ae_~_na~=_r referred to as the "declarant". W i T N E S S E T H : declarant is the owners in ==~=__ simp!e_ of the real property described in Schedule A annexed hereto and made a part hereof; and W~EREAS, an application for approval of the subdivision known as "ELZJAH'S L~=NE ESTATES, Sections 3" described in Schedule A has been filed with the Planning Board of the Town of Scuthoid~ and WHEREAS, the dec!aran~ deems it advisable for the best interesc of che Town of Southold ~o impose certain covenants upon and create an Open Space Easemen~ with respect to a portion of said real property, _H ..... ORE, in consideration of the premises, the declaranc declares that the above described rea! property is held subject to the following covenants: The use and development of the portion designated as Open S~ace Easement on Lot Number 4 of the Elijah's Lane Estates Section Three subdivision, will forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest conLro!, and drainage control) and any other normal and customary farming operations; and the use of far/n vehicles and ecfuipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops d) e) f) g) i) minerals shall be excavated or removed therefrom or placed thereon. Fal-ming practices shall be such that erosion of the !and is minimized and is in accordance with the standards of the Soil Consa-~vation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. No streets, roadways or other right of ways for non-farming vehicular use shall be constructed or granted thereon. 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. 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 '-~' ~~_~n~n the said premises. The said premises will forever be kepn open and free of al! signs, bill boards or other forms of visual advertisement of display. All structures, whether temporary or permanent, shall be !ocaued within the building envelope for LoC Number 4 as designated on the final subdivision plat for Elijah's Lane Estates Section Three. Tempora~.; or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Open Space Area. Fences are permitted subject to Planning Board approval. Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval The Open Space Easement area is located within the Special Groundwater Protection Area (SGPA), and therefore, any future use of this area shall be subjec~ to any restrictions required for property within a SGPA. That the Declarant reset;es the right to the exclusive ~nd possession of the area known as the Open Space ~ easement, to the extant not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or oersons from the use of or entrv uuon the said Open Space Easement, except that the town shall have the continuing righm to inspect the said area to the extent reasonably re?/ired to moninor compliance with the covenants, terms and provisions have not been '-~ ~ ~ ~ola=ed, such insmection to be au reasonable times. Said covenants shall run with the !and and shall be binding on the heirsr successors and assigns of the declarant, subject to the right of the Town of Southo!d to amend, modify or repeal said covenants at any time with the permission of the owner of said property. IN WITNESS W~EREOF, the dec!aren~ has executed this Declaration of Covenants and Restrictions cn the date as above Buovcdantona Aliperti S~A~ OF NEW YORK) COUNTY OF SUFFOLK) SS On the day of , before me personally came Buovodantona Aliperti, to me ]~nown to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public Record & Return to: Buovodantona Aliperti 81 Haliock Lane Rocky Point, New York 11778 4 -,sM OF COVEHANTS AND THIS DECLARATION made and dated the of 1995 by Buovodantona A!iper~i, residing a5 8i Halleck Lane, Rocky Point, New York, hereinafter referred 5o as the "declarant". W i ~ N ~ S S E ~ H :_ ~ W~EREAS, declaran5 is the owners in fee simple cf the real property described in Schedule A annexed hereto and made a part hereof; ~nd WHEREAS, an application for approval of the subdivision known as "ELiJAH'S LA~YE ESTATES, Sections 2 and 3" described in Schedule k has been filed w!..h the Planning Board of the Town of Southold; and W-HEREAS, the Planning Board has determined that such =~d_v_s_on would be granted, provided the applicant covenants to use his prsper~y in conformance ' ~ ' w~h the zcn!ng ordinances of the Town of Scutho!d and further convents as hereinafter provided. WHEREAS, the declarant deems it advisable for the best _n=~r_s~ the Town of Southold to impose certaln covenants upon said real property, NOW, THEREFORE, in consideration of the premises, the declarent declares ~ha~ the above described real property is held subject to the following covenants: 1. That the subject premises shall be used in conformity "~.~.~ the zoning ordinance of the Town of Southo!d. ~he subd:vzs~cn in perpetuity. 3. If the streets within the subdivision are designed with a ~_.~h of twenty-four (2~) feet, there shall be a condition included in %he Dec!araticn of Covenants and Restrictions that there shall be no cn street parking in the subdivision. If the streets are designed as originally proposed, in accordance with the twenty-eight (28) foot specification, this condition will not be re.c~uired. The declarant grants the continuing right in pe~petuity~ to the Town of Southold or any of its designated representatives to inspect an'f areas designated as open space, open space easements, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and orcvisicns designated herein in regard to same and to insure that such covenants, terms and provisions have not been vio!atad. Declarant grants the continuing in right perpetuit~f or any of its designated representatives to the Town of Southold enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. ~ 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 / 2 shall be entitled to notice of consent to such modification shall not be required. Said covenants shall run with uhe land and shall cn the heirs, successors and assigns of the declarant, such public hearing, but their be binding subject to the right of the Town of Scuthold to amend, modify or repeal said covenants at any time with the permission of the owner of said property. IN WITNESS WHEREOF, Declaration of ccvenanus written. the declarant has executed this and Restrictions on the daua as above Buovcdantcna AiiDer~i S~A.- OF NEW YOR2<) C~UN~_ OF SUFFOLK) On the day cf , before me personally came Buovcdan~onaA__pe]~ .... ~ to me known to be the individual described in and who executed the foregoing instrument and ackncw!edged to me that he executed the same. No=ary Public Record & Return to: Buovodantona A!iper%i $i Ha!!ock Lane Rocky Point, New York 11772 B. Anthony Aliperti 1138 William Floyd Parkway Shirley, NY 11967 April 25, 1996 Richard G. Ward, Chairman Town of Southold Planning Board Town Hall - Main Street Southold, NY 11971 Re: Elijah's Lane Estates Sections 2 and 3 Sections 2 Lots 13, 14, 24 and 27 Sections 3 Lots 5 and 6 Dear Mr. Ward: Submitted herewith are the subject maps with Suffolk County Department of Health Services approval The enclosed covenants require us to submit new water samples to Health Services for approval at such time as we may want to build upon them. If there are any further questions, kindly communicate with me. ~)urs, DECLARATION OF COVENANTS, RESTRICTIONS AND OPEN SPACE EASEMENT THIS DECLARATION made and dated the of , 1995 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, hereinafter referred to as the "declarant". W I TN E S SETH : WHEREAS, declarant is the owners in fee simple of the real property described in Schedule A annexed hereto and made a part hereof; and WHEREAS, an application for approval of the subdivision known as "ELIJAH'S LANE ESTATES, Sections 3" described in Schedule A has been filed with the Planning Board of the Town of Southold; and WHEREAS, the declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants upon and create an Open Space Easement with respect to a portion of said real property, NOW, THEREFORE, in consideration of the premises, the declarant declares that the above described real property is held subject to the following covenants: The use and development of the portion designated as Open Space Easement on Lot Number 4 of the Elijah's Lane Estates Section Three subdivision, will 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 c) d) 2 o a) b) c) (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; Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonable necessary by the Planning Board; 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. That the following shall be adhered to on that portion of Lot, Number 4 outside the Building Envelope which is designated the Open Space Easement 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: 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, (fallow farmland) 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. No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. 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 or granted thereon. f) g) 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. 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) Ail structures, whether temporary or permanent, shall be located within the building envelope for Lot Number 4 as designated on the final subdivision plat for Elijah's Lane Estates Section Three. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Open Space 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 The Open Space Easement area is located within the Special Groundwater Protection Area (SGPA), and therefore, any future use of this area shall be subject to any restrictions required for property within a SGPA. That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement, 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 Open Space 3 Easement, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times. Said covenants shall run with the land and shall be binding on the heirs, successors and assigns of the declarant, subject to the right of the Town of Southold to amend, modify or repeal said covenants at any time with the permission of the owner of said property. IN WITNESS WHEREOF, the declarant has executed this DeClaration of Covenants and Restrictions on the date as above written. Buovodantona Aliperti STATE OF NEW YORK) : COUNTY OF SUFFOLK) ss On the day of , before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, New York 11778 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made and dated the of , 1995 by Buovodantona Aliperti, residing at 81 Halleck Lane, Rocky Point, New York, hereinafter referred to as the "declarant". W I TNE S S E TH : WHEREAS, declarant is the owners in fee simple of the real property described in Schedule A annexed hereto and made a part hereof; and ~ WHEREAS, an application for approval of the subdivision known as "ELIJAH'S LANE ESTATES, Sections 2 and 3" described in Schedule A has been filed with the Planning Board of the Town of Southold; and WHEREAS, the Planning Board has determined that such subdivision would be granted, provided the applicant covenants to use his property in conformance with the zoning ordinances of the Town of Southold and further convents as hereinafter provided. WHEREAS, the declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants upon said real property, NOW, THEREFORE, in consideration of the premises, the declarant declares that the above described real property is held subject to the following covenants: 1. That the subject premises shall be used in conformity with the zoning ordinance of the Town of Southold. 2. There shall be no further subdivision of any lot within the subdivision in perpetuity. ~ ~ .... 1 3. If the streets within the subdivision are designed with a width of twenty-four (24) feet, there shall be a condition included in the Declaration of Covenants and Restrictions that there shall be no on street parking in the subdivision. If the streets are designed as originally proposed, in accordance with the twenty-eight (28) foot specification, this condition will not be required. 4. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, open space easements, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 5. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 6. 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 2 shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. Said covenants shall run with the land and shall be binding on the heirs, successors and assigns of the declarant, subject to the right of the Town of Southold to amend, modify or repeal said covenants at any time with the permission of the owner of said property. IN WITNESS WHEREOF, the declarant has executed this Declaration of covenants and Restrictions on the date as above written. Buovodantona Aliperti STATE OF NEW YORK) COUNTY OF SUFFOLK) ss On the day of , before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, New York 11778 3 OFFER OF DEDICATION THIS OFFER OF DEDICATION made and dated the of , 1995 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, owner of the of the property showm on subdivision known as "ELIJAH'S LANE ESTATES, Sections 2 and 3 " which maps are to be filed in the Office of the Suffolk County Clerk, covering premises situate at Mattituck, Town of Southold, Suffolk County, New York. NOW, THEREFORE, in consideration of the premises, Buovodantona Aliperti, irrevocably offers to convey and cede fee title to the Town of Southold of the land areas designated on said subdivisons maps as "50' wide right of way" parallel to the Long Island Rail Road, as 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 acdeptance and is irrevocable. The undersigned represents that he is the sole owner of the property shown on said subdivision maap, 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 therein in all conveyances of lots or parcels on said subdivision map. Buovodantona Aliperti STATE OF NEW YORK) : ss COUNTY OF SUFFOLK) On the day of , before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, New York 11778 PLANNING BOARD M~MBERS0 RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WI~.Lr~ul~ J. CREMERS E~NNETH L. EDWAI~DS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 2, 1996 James McMahon Community Development Director Southold Town Hall 53095 Main Road Southold, New York 11971 RE: Proposed Subdivision Elljah's Lane Estates Sections 2 and 3 SCTM# 1000-108-4-7.1 Dear Mr. McMahon: As per your request, I have Hsted the items required to complete the above mentioned subdivision. Unless otherwise noted, the items must be submitted prior to the scheduling of the final hearing. Final subdivision maps must be submitted. The final maps must be drawn at a scale of 1" equals 100' and must include: A. Health Department approval for the subdivision; B. A notation that a Declaration of Covenants and Restrictions has been filed and the liber and page number of the recorded document; '. C. The dimensions for the building envelope shown on Lot 4; D. The location of the required firewell. The draft irrevocable Offer of Dedication for the 50 foot wide right-of-way located parallel to the Long Island Rail Road which was presented by the developer requires minor revisions. A revised draft must be presented for review. The Offer of Dedication must be recorded in the County Clerk's Office prior to any endorsement of the subdivision. The Declaration of Covenants and Restrictions which was presented by the developer requires minor revisions. A revised draft must be presented for review. The Declaration must be recorded in the County Clerk's office prior to any endorsement of the subdivision. Elijah's Lane Estates Apr~ 2, 1996 Page 2 A Homeowner's Association must be incorporated for the read and drainage areas. A Draft of the proposed Homeowners Association must be submitted for review by the Planning Board and the Town Attorney. The Homeowners Association must be incorporated prior to any endorsement of the subdivision. A Performance Guarantee in the amount of $248,675.00 for roads and improvements in the subdivision must be submitted, or, after conditional final approval is granted, the improvements must be completed before any endorsemeni of the final maps. Please contact me ~ you have any questions regarding the above. Sincerely, Melissa Spiro Plenner enc. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 DECEMBER 12, 1995: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $248,675.00 for a bond for roads and improvements in the major subdivision of Elijah's Lane Estates, Sections 2 & 3, Mattituck, N.Y., all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector Richter. Judith T. erry Southold Town Clerk December 13, 1995 SOUTHOLJ) PLANNIN~'G BOARD PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 29, 1995 Judith Terry, Town Clerk Town Hall Southold, NY 11971 Re: Proposed major subdivision for Elijah's Lane Estates - Sections 2 & 3 SCTM# 1000-108-4-7.1 Dear Ms. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 13, 1995: BE IT RESOLVED to adopt the bond estimate dated October 25, 1995 and to recommend same to the Town Board. The bond estimate is in the amount of $248,675.00. In 1989 the Planning Board and Town Board adopted a bond in the amount of $661,185.00 for Sections 2 & 3. An Irrevocable Letter of Credit was accepted by the Town and an inspection fee in the amount of $39,671.00 was submitted by the applicant. Work was started on the improvements, however, both the subdivision approval and the Letter of Credit expired. The applicant has since reactivated the subdivision and a new bond estimate has been developed for the improvements which remain to be completed. Since an inspection fee based on the original bond estimate was submitted, an inspection (administration) fee is not required for the current bond estimate. Page 2 Proposed major subdivision for Elijah's Lane Estates - Sections 2 & 3 November 29, 1995 Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman enc. cc: James Richter, Engineering Inspector PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mar~ S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 November 14, 1995 B. Anthony Aliperti Box 149 Shirley, NY 11967 Re: Proposed major subdivision for Elijah's Lane Estates - Sections 2 & 3 SCTM# 1000-108-4-7.1 Dear Mr. Aliperti: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 13, 1995: BE IT RESOLVED to adopt the bond estimate dated October 25, 1995 and to recommend same to the Town Board. The bond estimate is in the amount of $248,675.00. In 1989 the Planning Board and Town Board adopted a bond in the amount of $661,185.00 for Sections 2 & 3. An Irrevocable Letter of Credit was accepted by the Town and an inspection fee in the amount of $39,671.00 was submitted by the applicant. Work was started on the improvements, hoWever, both the subdivision approval and the Letter of Credit expired. The applicant has since reactivated the subdivision and a new bond estimate has been developed for the improvements which remain to be completed. Since an inspection fee based on the original bond estimate was submitted, an inspection (administration) fee is not required for the current bond estimate. Page 2 Proposed major subdivision for Elijah's Lane Estates - Sections 2 & 3 November 14, 1995 Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman enc. cc: James Richter, Engineering Inspector MEMORANDUM FR(I,I: SUBJECT: RICI~J~D G. ~ J~4ES A. RICHTER~'/ BOND ESTIMATE SECTION 2 & 3 SCTM # 1000 - ELIJAH'S ~ ESTATES 108 - 04 - 07.1 DATE: NOVEMBER 8, 1995 AS PER YOUR REQUEST, ENCLOSED PLEA. SE FIND THE BOND ESTIMATE FOR THE REMAINING WORK IN THE ABOVE REFERENCED SUBDIVISION. IF YOU HAVE A/qY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT MY OFFICE. 2. 3. 4. 9. 10. 12. 14. OUANTIT~ 2.0 ACRE 300 C.Y. 300 L.F. 9,850 S.Y. 1,600 TONS 1,280 TONS 820 TONS 40 L.F. 4 EACH 400 L.F. 80 EACH 5,500 S.Y. 16 EACH 6 EACH 1 EACH JOB BOND ESTIMATE FOR ELIJAH' S LANE ESTATES - SECTION 2 & 3 AT MATTITUCK, TOWN OF SOUTEOLD SCTM ~ 1000-108-04-07.1 OCTOBER 25, 1995 DESCRIPTION UNIT PRICE CLEARING & GRUBBING $ 2,500.00 UNCLASSIFIED EXCAVATION 6.00 GRANITE CURBING 10.00 FINE GRADING 1.50 SURFACING: 3/4" STONE BLEND BA~E 25.00 BINDER COURSE ASPHALT 50.00 WEARING COURSE ASPHALT 50.00 CHAIN LINK FENCE 25.00 STREET LIGHTS 2,000.00 DIRECT BURIAL CABLE 2.00 STREET TREES 200.00 TOPSOIL & SEED 5.00 CONCRETE SURVEY MONUMENTS 100.00 STREET SIGNS 200.00 FIRE WELL 20,000.00 MAINTENANCE & PROTECTION OF TRAFFIC 5,000.00 1,800.00 3,000.00 14,775.00 40,000.00 64,000.00 41,000.00 1,000 8,000 800 16,000 27,500 1,600 1,200 20,000 O0 O0 O0 O0 O0 O0 O0 O0 3,000.00 SUB-TOTAL $ 248,675.00 + 6% ADMINISTRATION FEE $ 14,920.50 TOTAL $ 263,595.50 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made and dated the of , 1995 by Bucvodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, hereinafter referred to as the "declarant". WITNES SETH : WHEREAS, declarant is the owners in fee simple of the real property described in Schedule A annexed hereto and made a part hereof; and WHEREAS, an application for approval of the subdivision known as "ELIJAH'S LANE ESTATES, Sections 2 and 3" described in Schedule A has been filed with the Planning Board of the Town of Southold; and WHEREAS, the Planning Board has determined that such subdivision would be granted, provided the applicant covenants to use his property in conformance with the zoning ordinances of the Town of Southold and further convents as hereinafter provided. WHEREAS, the declarant deems it advisable for the best interest of the Town of Southold to impose certain covenants upon said real property and create an Open Space Easement with respect to a portion of said real property, NOW, THEREFORE, in consideration of the premises, the declarant declares that the above described real property is held subject to the following covenants: 1. That the subject premises shall be used in conformity with the zoning ordinance of the Town of Southold. 2. There shall be no further subdivision of any lot within PLANNING BOARD the subdivision in perpetuity. 3. If the streets within the subdivision are designed with a width of twenty-four (24) feet, there shall be a condition included in the Declaration of Covenants and Restrictions that there shall be no on street parking in the subdivision. If the streets are designed as originally proposed, in accordance with the twenty-eight (28) foot specification, this condition will not be required. 4. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, open space easements, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 5. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 6. The use and development of the portion designated as Open Space Easement on Lot Number 4 of the Elijah's Lane Estates Section Three subdivision, will forever be restricted to some or 2 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 crop (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 productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonable necessary 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. 7. That the following shall be adhered to on that portion of Lot, Number 4 outside the Building Envelope which is designated the Open Space Easement 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, (fallow farmland) 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 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 right of ways for non-farming vehicular use shall be constructed or 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 for Lot Number 4 as designated on the final subdivision plat for Elijah's Lane Estates Section Three. Temporary or permanent structures or buildings shall not be placed or erected within or upon the area designated as the Open Space 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 8. The Open Space Easement area is located within the Special Groundwater Protection Area (SGPA), and therefore, any future use of this area shall be subject to any restrictions required for property within a SGPA. 9. That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement, 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 Open Space Easement, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times. 10. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. Said covenants shall run with the land and shall be binding on the heirs, successors and assigns of the declarant, subject to the right of the Town of Southold to amend, modify or repeal said covenants at any time with the permission of the owner of said property. 6 IN WITNESS WHEREOF, the declarant has executed this Declaration of Covenants and Restrictions on the date as above written. Buovodantona Aliperti STATE OF NEW YORK) : COUNTY OF SUFFOLK) SS On the day of , before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, New York 11778 7 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mad< S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD James Richter, Road Inspector Highway Depa~ment PeconicLane Peconic, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated Final Subdivision Map (Dated Road Profiles (Dated Grading and Drainage Plans (Dated Other %~, ~q~;,'~ (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Drainage Plans (Dated / / Other (Dated / / Comments Contact person: ~/~.//l~fT,/~_ ~F.'~f-) Submission Without a Co.er Letter Sender: Date: SCT)I#: 1000- Comments: BURTON BIEHRIENDT SMITH O CALLAGHAN, P. ENEilNEERB ARCHITECTS I~URVEEYORS 244 ~AST ~,IAIN STREET ~ATCHOGUE, NEW YORK 1 '~ 772 1516) 475-0348 FAX (516) 475-0361 CHARI-~=S G. BURTON. L. ,JAMES B, BEHRENDT, L, ROGER ~. SMIT~-t ,JAMES W, O'CALLAGHAN, September 11, 1905 Mr. Anthor~y Atipertt 1180 WillfArn l~loyd Parkway Shil;ley, ~ 11967 Re: El~ah's Lane Eztates Mattituck Section 2 and 3 Our File No, 87-162 Dear Mr. Aiiperti: During a pBysical inzpeetion of the above referenced property, on August 6, 1995, I noted a £ew things that have to be completed prior to £malizing this job. -Manhole No. H located just south of Tabor Road has to be lowered 0 fee~ 6 inches. (_~ ~/4'~g f~'g~' The road bed between the eurbs'ba~ to be ~'aded to achieve ~he proper subgrade. Some areas are high/md others ar low. 8. The area in the sump behind the new headwall should be £flled a~d stabilized. 4. The bottom of the sump should be cleared of ex/st/ng silt. 5. The broken section Or'he,hain link £ence adjacent to the new manhole a~d headwal! should be replaced. ~,_ 6. The area behind'the curb~ should be graded to meet the top of the curb. The above mentioned items were the obvious areas needing attention prior to paving the roads. If you have questions or comments~ please do not hesitate to eontac~ my office. CGB:cr ~ Charles G. Burton, L.S. Principal MAIN OFFICE: 1408 Montauk Highway MASTIC, NEW YORK 11950 Phone 281~5454 CASOLA WELL DRILLERS, INC. WELLS -- PUMPS -- TANKS -- FILTERS INSTALLATION -- SERVICE -- REPAIRS BRANCH: 1706 North Highway SOUTHAMPTON, NY 11968 Phone 283-5553 EAST HAMPTON Phone 329-0808 PROPOSAL SUBMITTED TO PHONE OATE :~ntnonv .~liper~i - vel Homes 2~i-204~ Ocno'Der 12, i~95 STREET JOB NAM~ P~ Box 149 CI~Y. STATE AND ZIP CODE ~lirleyt NY SUBMITTED aY: 11907 DATE OF PLANS ioa LOCATION Elijah' s Lane 3O8 PHONE Installation oz One - ~" fmre well, up to lOO' ueep. IncluOes 8" ~uainless steel wirewoun~ well screen.' i5 HP suomersioie pump insuailea wiun oroppzpe nad wire. Capacity no De 350 gpm. Includes includes sen o~ fire well [,~TERi~L AND L.=BOR ................................ $ EXTRa: if neeueu, au~inional ~or well uepun, exnza ~ $35 pez ~oo~. -*Elec%rical supply 5o De proviaeu. NOTE: The DEC permz= wlil require surveys ad~ le=uers from you. Pleaeeerefer to aauatc~leu liBt. The permmu takes auouL ~o elgn= weeks no De processe~. PleaseeKeep 5tis in when scheduling. IF ACCEPTEH, PLEASE .SiGN-AND RETURN TOP COPY. hereby to furnish material and tabor -- complete in accordance with above specifications, for the sum of: ELE%EN THOUSAND FZVE HUNDRED ~llars($ Payment to be made as follows: 1/~ down upon signing of co. tract. Balance upon completion of job. 11,500.00 90 Arreptanre o[ roposat specificat,ons and conditions are satiMactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature Signature MICHAEL INNAMORATO NURSERY P.O. BOX 617 HERRICKS LANE JAMESPORT, NY 11947 (516) 722-5361 (DELIVER TO IF DIFFERENT FROM'SOLD TO) ;:..~ >' ~ ~,, , ,_,_~ ~. / ..... --~,-.,, QUANTITY SIZE OR AGE VARIETIES UNIT PRICES THIS ORDER IS ACCEPTED SUBJECT TO C~OP CONDITIONS ANO WE SHALL NOT BE LIABLE FOR NON P~RFORMANCE DUE TO LABOR SHORTAGES. WEATHER CONOITtONS AFFECTING S~OC~<. LOSSES IN STORAGE OELAy~ IN TRANSPORTATION OR OTHER AC7'~ OVER WHICH WE HAVE NO CONTROL 1lgF:~qZZINI ASPHALT INC. TEL :516-734:$625 UCt 1o '3~ ~u:ou ~.~uu ..... Gonu'act Submitted To S. Anthony hliDert, i Street. 1138 William Floyd Parkway, Box 149 City, State, ZiP..S.~..i,rley' NY 11967 Job Locationgl. tjah' ~ Lane, g.-at'.~~r.m~ ,_,,~,J',i'-'~ ~,c, lr: iXlY Date October !.6, 1995 Phone: 281-2626 Fax: 8006 AGREED WORK TO BE PERFORMED INGLUDES: Description of work %o be included: 1.Fine Grade and Compact 4" RCA 2.Furnish, OOB.~,g, INI ASPHALT, IN(L (lontrao~or Lupen lIFive Outohogue, New York tt935 (5i6) 7ai-$soo Place and Compact 2 1/2" Binder Course 3.Furnish, place and Compaqt ] 1/2" Type lA Wearing Course. Approximate area: 8381 Sq. Yds. Unit price per Sq. Yd.: $12,75 Estimated Cost~ .~pproximatelv ~106,857.75 shoulders, sweepinq, weed Proposed price in effe~'~ unt{1 Upon 'acceptance of proposal we would li~e ~o schedul~ an appointment for full discussion of same. PAYMENT TO BE MADEASFOLLOWs:upOn Acceptance of Contract Deposit~ $11,000.00 Upon completion Item 1 4"RCA: $22,000.00, dpon completion I~em 2 Binder Course $37,500.00, Full balance due upon completion qf~..Item ] Wearihc Course: e~,~i,,m, ated /)t $36,3,57.75 adJ~lsted as per exit sq. yds. Authori~ture of Contractor, Autllorized Signature of Owner SURETY The undersigned a~ surety promises the dontre(:tor that thc owner will perform its obligation under the afoi,cmcntioned con;ract and if the ova~er does not p¢:rform, I will be direcdy and personally liable on the contract to the con;ractoL OFFICE OF THE ALIPERTI'S 1138 Wm Floyd Pky Shirley, N.Y. 11967 (516) 281-2646 Fax: (516) 281-8006 FAX TRANSMI'FI'AL SHEET DATE: TIME: NUMBER OF PAGES (including cowr TO: COMPANY: FAX NO.: FROM: RE: COMMENTS: SOUTHOLD Contac,, sender if you do not receive ali pages or if copy is not legible. c) d) 2 o a) c) (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; open ~allow: Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) WhiCh are found acceptable and reasonable necessary by the Planning Board; Landscaped, wooded areas with lanes, walk'ways, foct paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Plannin.g Board and which are subject to approval by the Planning Board. That the following shall be adhered to on that portion Lot, Number 4 outside the Building Envelope which is designated the Open space Easement for the purpose~ of maintaining said premises in its current conditio~ for continued agricultural production and to prevent the degradation of loss of the aesthetic open space agricultural value of said premises: If at any time the ownership of the area shall change, or the use of the area shall be changed from the u.se present at the time of subdivision approval, (fallow farmland) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of C~;enants 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. No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. No top soil, loa~, sand, stone, gravel, rock or of minerals shall be excavated or removed therefrom placed therson. 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.. s) No streets, roadways or other right of ways for non-farming vehicular use shall be constr~cted or granted thereon. f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees plants or other vegetation located r-hereon, 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) Ail structures, whether temporary or permanent, shall be located within the building envelope for Lot N~:ber 4 as designated on the final subdivision plat for Eiijah's Lane Estates Section Three. Temporary or permanent structures or buildings shall not be placed or erecte~ within or upon the area designated as the Open Space Area. Fences are permitted subject to Planning Board approval. ~) Retail sales shall be restricted to the sale of items produced on the p~operty, and shall be sUbject to Planning Board approval The Open Space Easement area is located within the Special Groundwater Protection Area (SGPA), and therefore, any future use of this area shall be subject to any restrictions required for property within a SGPA. That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement, 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 Open Space Easement, except that the town shall have the continuing righ= to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and Drovisions have not been violated, such inspection to be at reasonable times. Said covenants shall run with the land and shall b,~ binding on the heirs, successors and assigns of the declarant, subject to the right of the Town of Sout~old to amend, modify or repeal said covenants at any time with the pezTaission of the owner of said property. IN WITNESS WHEREOF, the declarant has executed this; Declaration of Covenants and Restrictions on the date as; above written. Buovodantona Aliperti STATE OF NEW YOP. K) COUNTY OF SUFFOLK) On the day of , before me personally came Buovodantona Aliperti, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed ~he same. Notary Public Record & Return to: Buovodantona Aliperti 8I Hallock Lane Rocky Point, New York 11778 4 QECLARAT!ON OF COVENANTS, RESTRICTIONS ~;D OPEN SPACE THIS DECLARATION made and da=ed the of , 1995 by Buovodantona Aliperti, residing at 81 Hallock Lane, Rocky Point, New York, hereinafter referred to as the "declarant". WITNESS ETH : W~EP~AS, declarant is the owners in fee simple of t~.~e real property described in Schedule A annexed hereto and made a part hereof; and WHEREAS, mn application for approval of the subdivision known as "ELIJAH'S LANE ESTATES, Sections 3" descri]Ded in Schedule A has been filed with the Planning Board of the TO%~ of Southold; and WHEREAS, the declarant deems it advisable for the be~t interest of r_he Town of Southold to impose certain covenants upon and create an Open Space Easement with respect to a portion of said real proper=y, NOW, THEREFORE, in consideration of the premises, declarant declares that the above described real property is held subject to the following covenants: The use and development of the portion designated as Open Space ~asement on Lot N%uuber 4 of the EliJah's Lane ]Estates Section Three subdivision, will forever be restricted to some or all of the following: a) Fa.-ming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any ot~er 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 1 BURTON O'CJALLAGHAN, P.C, IENr-IINEiEii;li ~ATO-IOGLJE. NEW ¥~)~K Octo~ 12. 1996 File No. BEGINNING .~'fl' A PO!l~l' ~n ~,he no~her!y ~de of ~b~'s ~d ~ sho~ on the ~p E~at~ fl~ion One, ~id po~t.~in~ ~st~t ~0.00 feet westerly ~ m~ ~o~ ~e ,ortherly of ~be~'s ~ad ~om the ~rn~r formed by fi~e klter~t!on of ~he no~her~ Mde of ~ka'a R~d ~d ~he wester~ ~de of E~'S · The~e .ou~ $ ~ d~e~ !~ ~2utes 15 ~tion ~t 50.24 · Thence ~ ~ 40 d~s I! ~utes l0 s~on~ We~ 537,98 $ The~e north~!y ~ ~0 d~s 09 ~ut~ 50 s~nds We~ 50.!0 f~t ~o th~ ao~thor~ i/de : Thence e~te~ ~on~ t~e ~outhe~Jy ~dc of p~ of the ~ I~d ~d 11 minutes 40 ~d. ~t 539,~2 fes~ to ~e POLN'T OR P~ OF BEGLNN~G. C'}~tI~ G. ]iurtor~ L.$, Pr/nci!~mi 9~FER OF DEDICATION THIS OFFER OF DEDICATION made and dated the of , 1995 by Buovodantona Aliperti, residing at $1 Hallock Lane, Rocky Point, New York, owner of the of the property shoW~ on subdivision known as "ELIJAH'S LARE ESTATES, Sections 2 ~nd 3" which maps are to be fi~ed in the office of the SuffOlk County Clerk, covering premises situate at Mattituck, Town of Southold, Su(fol~ County, New York. NOW, THEREFORE, in consideration of the premises, Buovodantona Aliperti, irrevocably offers to convey and cede fee title to the Town of Southold of the land areas designat~d on said subdivisons maps as "50' wide right of way" paralle2i to the Long Island Rail Road, as more fully described on Schedule A annexed hereto, for the purpose of future road dedication to the Town of $outhold 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 acdeptance and is irrevocable. The undersigned reprssent:~ that he is the sole owner of t~e property shown on said subdivision maap, covenants and agrees t6 reserve to himself the right to convey to t~e Town of Southold for such purposes all of such land ~areas or easement or interest therein in all conveyances of lots .or parcels oh said subdivision map. Buovodantona Aliperti STATE OF NEW YORK) COUNTY OF sUFFOLK) On the day of , before me personally came Buovodantona A!iperti, to me known to be the individual ¢lescribed in and who executed the foregoing instrument and acRnowl~dged to me that he executed the same. Notary Public Record & Return to: Buovodantona Aliperti 81 Hallock Lane Rocky Point, New. York 11778 OFFICE OF THE ALIPERTI'S 1138 Wm Floyd Pky Shirley, N.Y. 11967 (516) 281-2646 Fax: (516) 281-8006 FAX TRANSMITFAL SHEET / //-/-: ,q/q' NUMBER OF PAGES (including cover sheet): TO: COMPANY: FAX NO.: FROM: RE: P.L~I OCT I 2 1995 SOUTHOLD TOWN PLANNING BOARO ** Contact sender if you do not receive all pages or if copy is not legibh:. D]~CLARATION OF COVENANTS AND RESTRICTIONS THIS DEC!2L~ATION made and dated the of , 199~. by Buovodantona Aliperti, residing at 81 Ha!lock Lane, Rocky Point, New York, hereinafter referred to as the "declarant". WITNESS ETH : W~EREAS, declarant is the owners in fee simple of the real property described in Schedule A annexed hereto and made a part hereof; and W~EREAS, an application for approval of the subdivision know~ as "ELIJAH'S LANE ESTATES, Sections 2 and 3" described in Schedule A has been filed with the Planning Board of the Tow~ of Southold; and W~ER~AS, the Planning Board has dete~ined that such subdivision would be granted, provided the applicant covenants to use his property in confo~ance wi:h tSe zoning ordinances of the Town of Southold and further convents as hereinafter provided. ~EREAS, the declarant deems it advisable for the best interest of the To~ of Southold to impose certain covenants upon said real property, NOW, ~EREFO~, in consideration of the premises, the declarant declares t~a= the above described real property i$ held ~ubject to the following covenan=s: 1. That the subject premises shall be used in confo~ity with the zoning ordinance of the Town of Sou=hold. 2. There shall be no further subdivision of any lot within the subdivision in pe~etul~y. ~1~ 10~ ~NNING 80~D P. 3. If the streets within the subdivision are des~gned with a width of twenty-four (24) feet, there shall be a condition included in the Declaration of Covenants and Restrictions that there shall be no on street parking in the subdivision. If the streets are designed as originally proposed, in accordance with the twenty-eight (28) foot specification, this condition will not be required. 4. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, open space easements, common areas or any similar nomenclature so ~s to insure continued compliance with the covenants, terms arid provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been viol~ted. 5. Declarant grants the continuing right in perpetuity to ~he Town of Southold or any of its designated representa~tives to enforce the conditions and restrictions of the coYenants and to take any legal action it deems necessary to enforce the conditions and restrict{ohs of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 6. These covenants and restrictions can be modified only at the req~/est 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 2 shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. Said covenants shall run with the land and shall be binding on the heirs, successors and assigns of the declarant, s~ubJect to the right of the Town of Southold to amend, modify Or re,peal said covenants at any time with the permission of the owner of said property. IN WITNESS W~EREOF, the declarant has executed this. Declaration of Covenants and Restrictions on the date as above written. Buovodantona Allperti STATE OF NEW YORK) : COUNTY OF SUFFOLK) On the day of , before me personally came Buovodantona Aliperti, to me known to be the individual .Qescribed in and who executed the foregoing instrument and acknowledged to me that he executed the same. Notary Public Record & Return to: Buovodantona Alipert£ 81 Halleck Lane Rocky Point, New York 11778 PLANNING BOARD MEMBER'S RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 3, 1995 B. Anthony Aliperti 1138 William Floyd Parkway Box 149 Shirley, New York 11967 RE: Proposed Subdivision Elijah's Lane Estates SCTM~ 1000-108-4-7.1 Dear Mr. Aliperti: I have reviewed the maps you submitted on September 21. 1995 with the Planning Board, in addition to updating them on your plan to construct one house on the entire property prior to obtaining final subdivision approval. On November 7, 1994, I sent you a letter outlining the items required to proceed with the subdivision. I have listed the items that remain to be addressed below. An irrevocable Offer of Dedication must be presented for the 50 foot wide right-of-way located parallel to the Long Island Rail Road. In addition to presenting the Offer of Dedication, it must be noted on the map that this area is to be offered for dedication to the Town. I have enclosed an example of an Offer ~f Dedication for a similar right-of-way. Once the format for the Offer of Dedication is accepted by the Planning Board, you must record it in the County Clerk's Office and submit a copy of the recorded document to the Planning Board. The offer will be kept on file until such time that the Town wishes to accept the offer of dedication. A building envelope has been shown for proposed Lot 4. The dimensions for the envelope must be indicated. It is not necessary to show dimensions other than those for the building envelope. Please see the enclosed sketch for clarification. The Planning Board is requiring that one submersible {electric) fire well be installed on the property line between proposed lots 10 and 11. The location of the well must be shown on the final map. Elijah's Lane Estates October 3, 1995 Page 2 4. The road and drainage plans have been forwarded to the Engineering Inspector for review. You will be notified if any additional information is required upon receipt of his report. 5. A Declaration of Covenants and Restrictions must be submitted as requested in prior correspondence. 6. A Homeowner's Association must be incorporated for the road and drainage areas. A Draft of the proposed Homeowners Association must be submitted for review by the Planning Board and the Town Attorney prior to the scheduling of a final hearing. Upon acceptance, the Homeowners Association must be recorded prior to any endorsement of the subdivision. As we discussed when we met on September 21, 1995, you are thinking about building one dwelling on the entire 38.55 acre site in hopes of meeting the assessed value required to offer the road for dedication to the Town. As we discussed in our telephone conversation of September 12, 1995, the Planning Board is not in favor of authorizing you to proceed with the subdivision improvements until such time that conditional final approval is granted and a performance guarantee has been submitted and accepted by the Town Board. Therefore, in order for you to proceed with the construction of the road, the final hearing must be scheduled, and a final determination must be made by the Planning Board. The final hearing will not be scheduled until an acceptable draft Homeowners Association is presented. However. if. after the final hearing, the road work is completed and the Town accepts dedication of the road, you will not be required to proceed with the recording of the Homeowner's Association. The final hearing will not be scheduled until an acceptable draft Declaration of Covenants and Restrictions is presented, an acceptable draft Homeowners Association is presented, the bond estimate is prepared, and final maps. revised in accordance with the above and containing a valid stamp of Health Department approval are submitted, Please refer to the November 7, 1994 correspondence for additional information pertaining to the subdivision requirements. Since~rel¥, Melissa Spii'o Planner enc. O F-.. ~' L t J A H ' $., L A ~ £ £ $ T · T E S OFFE~ O~ D~DICAT~ON TII15 OFFI,~II OF I)EDICATION, dated ' made by ~, havi~,g his principal place of business located at ' ' , Hew York, Hew York 10003, ow~ler of the propel:ty shown o~] the Subdlvl~lol] Map of Mattltuck, New York, prepared April 12, 1993 by Roderick Vail 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. ~ irrevocably offers to collvey and cede fee title ~o the 'Fowl] of Southold of the ]and areas designated on said subdivision map as "50' Wide Right Way" adjoining Lots 7, 8 and 9 on said lot, and more fuliy descri, bed 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 l}edicatJon [s l~ltended for present or future acceptance alld is irrevocable. The undersigned is the sole owner of the property shown represests that he on said subdivision map, and covenants and agrees to reserve to himself the r|ght to convey tc the 'l'ow~l of Southold for such purposes all of such laird areas or easement or iukeresk therein im] all conveyances of lots or parcels oil said COUNTY OF NEW YORK) O{~ this day of ~-~z~ , 1994 before me persollal]y ca]fie ' . ,t Zri= _.' ' ~ me known to be the same individual described in and who executed the above instrument and he duly ack~owledged to me that he executed ELIZABEItl A. SALLEY Commissioner ol Deeds el Hew Ye,k-No. 3-59§l CerHJic.le ~iled i. Bronx__ Co~,.,,o. ~,,~,0, Z/~.d...~{~ ......... I nn\76\ f r i ededl 2 ~11 Southold, fo.l. lows: ) 11671 %'75 Schedule A to Offer o1! Dedlcat:i. on that certa.i.n parcel of land at Matt]tuck, Town of Suffolk County, New York, bounded and described as BEGINNING all a luomnI~ent ou the west side of Mill Road, distant 1,2'12.15 feet southerly from Naugles Drive, at the southeasterly corner ef I]ot 9 as show. on Map of West Mill Subdivision ("the Map") and from said point of beginning: Running along tire westerly slde of Mi].l Road South 26 degrees 45' 00" West 100.00 feet to a momlment at the northeasterly corner of Lot 7 on the Map; Running" thence along the northerly side of Lot 7 the fo] lowing two (2) courses and dj stances: (1) Along tile arc of a curve bearing to. the left, having a radJ_us of 25.0 feet, a distance of 39.27 feet; thence (2) North 63 degrees 15' West 304.31 now or forlnerly of Coopel; feet to land Running thence along sald land North 26 degrees 24' 00" East 50 feet; Running thence tht'ough Lot [I and along tire southerly side of:. Lot 9 on the Map, South 63 degrees 15' East 3B4.62 feet; Running thence along the arc of a curve bearing to tile left, Ira zng a radlus of 25.0 feet, a distance of 39 27 feel: to a monument and the poillt or place of begillllillg. Being and intended to be tire [ remlses shown on tire Mat) as "50' Wide Rt. of Way". 76-westmsch, PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Benoelt OiIowski, Jr. Mark S. McDonald Kennelh L. Edwards Town Hall, 53095 Main Road P.O. Box 1179 Southold, New Yod< 11971 Fax (5t6) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD James Richter, Road Inspector Highway Department Pecontc Lane Peconlc, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map (Dated / Preliminary Subdivision Map (Dated / Final Subdivision Map (Dated / Road Profiles (Dated Grading and Drainage Plans (Dated 'Other t~,. ~r,.~ c. ~,,,~.~. (Dated / ) / ) / Sketch Site Plan Preliminary SEe Plan (Dated / / (Dated / / Grading and Drainage Plans (Dated Other (Dated Comrnents~(:~e~ r~d 6~%s~c.k. ~,.,~,~-,'~-~.5,~,--,. Contact person: BURTON BE HRI::NOT SMITH O'CALLA(]HAN, P.C. ENGINEERS ARCHITECTS SURVEYORS 244 EAST MAIN STREET PATCHOGUE, NEW YOF~K 11772 (516l 475-0349 FAX (51S) 4750361 CL-IARLES G. E)URTON, JAMES B. BEI 4RENO1', L.S. ROGER P. SMI~I t, IRA. JAMES W. O'(CALLAGI-IAN, P.E. September 11, 1.99§ Mr, Anthony Aliperti 1180 William Floyd Parkway 8hlrley, NY 11967 Re: Elijah's Lane Estates Mattltuck Sectlnn 2 and 3 Our File No. 87-162 Dear Mr. Aliperti: Doting a pbyslcal inspeetlon of the above referenced property, ou A, gust 6, 1995, F~oted a few things that have to be completed prior to fi, alizlug this job. The road bed betweeu the curbs has to be graded to achieve the proper sub~ade. Some areas are higb m~d others ar Iow. 3. The area in Line manp behind tine new beadwal[ slmold be filled and stabilized. 4. 'Fine bottom of the smnp shoald be cleared of existing silt. §. l'lm broken section of tine etna' ~ llnk fence adjacent to the new manhole mid headwall sho,ld be replaced. 6. The area. behind the curbs should be graded to ,;neet tbe top of tine curb. The above mentioned items were the obvious arena needing attention prior to paving tine roads. Ifyou have queslious or comments, please do not hesitate to contact my office. CGB:cr ClmrJes g. Burton, L.S. Principal S~btnission Without a Cover Letter Sender: Date: ~ [ ~ I SC~I~I#: 1000- - ~Iq.~NNIN(] BOARD BURTON BEHRENDT SMITH O'CALLAGHAN, P. C, ENGINEERS ARCHITECTS SURVEYORS 244 EAST MAIN STREET PATCHOGUE, NEW YORK 11772 [516) 475-0349 FAX (516) 475-0361 CHARLES G, BURTON, L.S. JAMES B. BEHRENOT, L.S. ROGER P. SMITH, R.A. JAMES W. O'CALLAGHAN, P.E. September 11, 1995 Mr. Anthony Aliperti 1130 W!lli~ru Floyd Parkway Shirley, NY 11967 Re: Elijah's Lane Estates Mattituck Section 2 and 3 Our File No. 87-162 Dear Mr. Aliperti: During a physical inspection of the above referenced property, on August 6, 199§, I ~oted a few things that have to be completed prior to finalizing tiffs job. 1. 2. The road bed between the curbs has to be graded to achieve the proper subgrade. Some areas are high and others ar low. 3. The area in the sump behind the new headwall should be fdled and stabilized. 4. The bottom of the sump should be cleared of existing silt. 5. The broken section of the chain link fence adjacent to the new manhole and headwall should be replaced. 6. The area behind the curbs should be graded to meet the top of the curb. The above mentioned items were the obvious areas needing attention prior to paving the roads. Ifyou have questions or comments, please do not hesitate to contact my office. CGB:cr Charles G. Burton, L.S. Principal OFFICE OF THE ALIPERTI'S 1138 Wm Floyd Pky Shirley, N.Y. 11967 (516) 281-2646 Fax: (516) 281-8006 FAX TRANSMrVFAL SHEET TO: COMPANY: FAX NO.: NUMBER OF PAGES (including cover she~t): FROM: RE: t 'r" ' / ~ U COMMENTS "",,umac~ ~ ..... .,cnder :f you do not m,.Zve,-*, all pages or if copy is not :egible. B. Anthony Aliperti 1138 william Floyd Parkway Shirley, NY 11967 September i1, 1995 Planing Board Town of $outhold Southold, NY 11971 Re: Elijah Lane Estates Sections 2 & 3 Gentlemen: In order to expedite matters, i respectfully request pez~ission to plant the re~uired trees and put down the first aspha.lt lift. of course, the Town engineers and other appropriate personnel will be advised at every stage. Your anticipated cooperation is appreciated, S incere~'7~:ur , ~ B. Anthony Aliperti 1138 William Floyd Par~way Shirley, NY 11967 September 11, 1995 Planing Board Town of Southold Southold, NY 11971 Re: Elijah Lane E~tates Sections Gentlemen: in order to exped_~e matters, i respectfully request pe!~ission to plant the required trees and put down the first aspha.lt lift. of course, the Town engineers and other appropriate personnel will be advised at every stage. Your anticipated cooperation is appreciated, B. Anthony Alipertt 1138 william Floyd Parkway Shirley, NY 11967 September 11, 1995 Planing Board Town of Southold Southold, NY 11971 Re: Elijah Lane Egtates Sections 2 & 3 Gentlemen: In order to expedite matters, I respectfully request pez~ission to plant the required trees and put down the first aspha~lt lift. of course, the Town engineer~ and other appropriate personnel will be advised at every stage. Your anticipated cooperation is appreciated, THO~ H. WICKHAM SUPERV~ISOR /-fi' Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-1823 Telephone (516) 765-1889 August 14, 1995 Ms. Margaret Maguire 4270 Oregon Road Cutchogue, NY 11935 Dear Ms. Maguire: Thank you for your letter of August 6th regarding the housing development west of Elijah's Lane. I share many of your concerns about this project, and in fact I outlined them to the Town Board when we discussed it. The view of the Board, however, was that the $25,000 per house subsidy will actually improve the quality of the housing by enabling the builders and/or owners to build nicer and more substantial homes in keeping with the neighborhood. This is not'an affordable housing project according to the town's full criteria, and I believe it will be an asset to the Town and the community. It will not have density greater than one house per acre, or one house per two acres for the northernmost section. if you have any further questions, I suggest you cali me or Jim McMahon (765-1892). With best regards, // / / Sincerely, Thomas Wi~kham Supervisor cc: Melissa Spiro ~/' Town Board THOMAS H. WICKHAM SUPERVISOR Town Hall, 53095 Main Road P. O. Box 1179 Southold, Now York 11971 Fax (516) 76~-1823 Telephone (516) 765-1889 July 27, 1995 Mrs. Edith Simm Elijah's Lane Mattituck, NY 11952 Dear Edie: I am writing to bring you up to date re~arding the status of the Elijah's Lane Estates project proposed for development behind your home. I enclose a memo from Melissa Spiro, a Town Planner who I asked to summarize the status of this project. Her memo shows that no part of this subdivision will have houses at densities greater than one house per acre. I really don't know where the idea came from of four houses per acre, but there is no plan, nor possibility of that, as far as I can see. At its July llth meeting the Town Board agreed to endorse an application to the New York State government in order to provide a subsidy of $30,000 per home. In order to get the subsidy, the builder had to agree to build low-cost homes, floweret, he did not propose to build according to the Town's affordable housing guidelines and in fact he intends to use the $30,000 per house to build nicer and larger homes than would be possible if it were an affordable housing project. The density of housing in this subdivision will not be greater than one house per acre so long as I am Supervisor, and as you can see from the attached memo, it will be one house per two acres for Section 3. Give me a call if you have any questions about this project. ~ Since~ ~,,~.~ Thomas Wickham Supervisor CC: Mellssa Spiro / ~I. ATTITUCK FIRE DISTRI~I~[ P. 0 Box 666, Pike Street Mattituck, New York 11952-0666 office (516) 298-8837 fax (516) 298-8841 May 25, 1995 Richard G. Ward, Chairman Planning Board Town of Southold Southold, NY 11971 Re: Elijah's Lane Estates Sections 2 and 3 SCTM# 1000-108-4-7.1 Dear Mr. Ward, As per your letter of May 15 regarding the above Subdivision the Board of Fire Commissioners recommend one Submersible (Electric) Well to be installed on the Property Line between lots 10 and 11 of Section 2. For further information please contact Commissioner George T. Woodhull at the above number. ~S X~Mattituck Fire District PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Ortowski, Jr. Mark S. McDonald Kenneth L. Edwards ,,. PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 May 15. 1995 John A. Keogh. Secretary Mattituck Fire District Pike Street Mattltuck. New York 11952 RE: Proposed Major Subdivision Elijah's Lane Estates Sections 2 and 3 SCTM# 1000-108-4-7.1 Dear Mr. Keogh: Enclosed please find two (2) surveys (dated 8/17/93) for Elijah's Lane Estates Section 2. and two (2) surveys (no date. received by the Planning Board October 11. 1994). for Elijah's Lane Estates Section 3. Please notify this office as to whether any flrewells are needed. specify whether shallow wells or electric wells will be needed, Please reply by June 5. 1995. Thank you for your cooperation. Please Sincerely .... Richard G. Ward Chairman enc. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Ortowski, Jr. Mad( S. McDonald Kenneth L. Edwards November 21, 1994 PLANNING BOARD OF.'FICE TOWN OF SOUTHO!.D Cramer, Voorhis & Associates Environmental and Planning Consultants 54 N. Country Rd. Miller Place, NY 11764 Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Yod( 11971 Fax (516) 765-3136 Telephone (516) 765-1938 Re: Review of EAF Elijah's Lane Estates - Sections 2 & 3 SCTM# 1000-108-4-7.1 Dear Messrs. Cramer & Voorhis: The Southold Town Planning Board hereby refers the Environmental Assessment above mentioned subdivision to your office for review. Also enclosed are: form for the 1. Map of Section 2 dated August 17, 1993. 2. Map of Section 3, undated, but received at this office on November 18, 1994. 3. Planning Board resolution dated November 15, 1994, starting the lead agency process. 4. Planning Board letter dated November 7, 1994. The Planning Board started the lead agency coordination process on November 14, 1994. The $400.00 review fee has been submitted by the applicant. If all is in order, the Board will make their SEQRA determination at the January 9, 1995 public meeting. Please submit your report no later than December 30, 1994 in order for the Board to review it before the meeting date. As we discussed, both Sections 2 & 3 received conditional final approval in 1989. However, the conditions were not met in a timely fashion, and the approvals expired. The applicant has recently submitted the information required to proceed with the subdivision. Please note that although the property is located in the R-80 Zoning District, Section 2 has been grandfathered to the R-40 Zoning District. The purchase order will be sent to you under separate cover. Please contact this office if there are any questions regarding the above. Sincerely, Melissa Spifo Planner PLANNING BOARD MEMBERS Richard O. Wa~d. Chamman C, eo~ge Ritchle Latham. Jr. Bennet~ OrlowskL Jr. · ~: Mark S. McDonald Kenneth L. Edwards . <,, Telepll~ne (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RE: Lead Agency Coordination Request Dear Reviewer: SCOTT L. HARPJS Supem~sor Town HaU. 53095 Main R~d P. O. Box 1179 Southo]d. New York 11971 Fax (516) 765 - 1823 The purpose of this ~equest is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: SEQRA Classification: ( ) Type I (~) Unlisted Contact Person: /~S~ ~o The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( ~ ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below). Comments: Please feel free to contact this office for further information. cc: B~ Southold Town Board ~Suffolk County Dept. of Health Services 9~NYSDEC - Stony Brook ~NYSDEC - Albany S.C. Dept_ of P'~b!ic Workx * Maps are enclosed for your. yeview Coordinating agencies Sincerely, Richard G. Ward Chairman PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth b Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 November 15, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD B. Anthony AIiperti P.O. Box 149 Shirley, NY 11967 Re: Proposed major subdivision for Elijah's Lane Estates, Sections 2 & 3 SCTM# 1000-108-4-7.1 Dear Mr. Aliperti: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, November 14, 1994: BE IT RESOLVED that the Southold Town Planning Board start the lead agenw coordination process on this unlisted action. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman Elijah's Lane Estates November 7. 1994 Page 2 It must be stated on the map that the subdivision has been designed as a cluster subdivision in accordance with Section 278 of Town Law and Article XVIII of the Code of Southold , 4. Building envelopes must be shown for all lots. o Lot Number ~ has been designed as a 481.499 square foot lot with a 40.000 square foot building envelope. The area located outside of the building envelope must be identified as an open space conservation easement. III. Sections Two and Three 1. A Homeowners Association must be incorporated for the road area and drainage areas. A Draft of the prop, osed Homeowners Association must be submitted for review by the Planning Board and the Town Attorney prior to the scheduling of a final hearing, Upon acceptance. the Homeowners Association must be recorded prior to any endorsement of the subdivision, 2. A complete set of road and drainage plans for both sections must be submitted in order for the Engineering Inspector to prepare a bond estimate for the outstanding subdivision improvements. A performance guarantee in the amount of the bond estimate must be submitted to. and accepted by the Town prior to any endorsement of the subdivision. 3, The Planning Board has forwarded a copy of the proposed subdivision map to the Fire District for review, You will be notified where the firewells are to be located. The locations must be shown on the final maps, A Declaration of Covenants and Restrictions has been required as described in the Planning Board's letter of March 9. 1994, Additional covenants and restrictions may be required as a result of the SEQR process. You will be notified if any additional covenants and restrictions are required. The Planning Board will start the Lead Agency coordination for the proposed subdivision at the November 14, 1994 public meeting, Elijah's Lane Estates November 7. 1994 Page 3 The final hearings will not be scheduled until such time that the SEQR process is completed, an acceptable draft Declaration of Covenants and Restrictions is presented, an acceptable draft Homeowners Association is presented, the bond estimate is prepared, and final maps. revised in accordance with the above. and containing a valid stamp of Health Department approval, are submitted. The above mentioned information should be submitted for review while you are pursuing Health Department approval. Please contact this office if you have any questions regarding the above. Sincerely.~ ~ Melissa Spiral Planner enc. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE 19 TOWN OF SOUTHOLD James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map Preliminary Subdivision Map Final subdivision Map Road Profiles (Dated / / ) (Dated / / ) (Dated / / ) (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (D~ted / / ) Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) Comments '- .Q ...... Town Hall, 53095 MaiH Road P.O. Box 1179 Southold? New York 11971 TELEPHONE (516) 76S-1938 November 27, 1989 Judith Terry Town Clerk Southold, NY 11971 RE: Elijah's Lane Estates SCTM 91000-108-4-7.1 Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989. RESOLVED that the Southold Town Planning Board accept the revised bond estimate in the amount of $174,710.00 and recommend to the Town Board that they approve same. Please note that the above mentioned estimate is a revised bond estimate. The previous bond estimate, for $169,160.00, was adopted by the Town Board on January 10, 1989. If you have any'questions, please do not hesitate to contact this office. Very truly yours, ,. .' .... .' / /?' .. / // ,,/ Bennett Orlowski, Jr. ~ Chairman enc. SIDNEY B. BOWNE & < November 28, 1988 Revised: November 9, 1989 BOND ESTIMATE FOR ELIJAH'S LANE ESTATES, SECTION 3 MAJOR SUBDIVISION AT MATTITUCK TOWN OF SOUTHOLD, SUFFOLK COUNTY, N.Y. S.C.T.M. NO. 1000-108-4-p/o 7.1 ITEM 2. 3. 4. 5. 6. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. DESCRIPTION UNIT QUANTITY PRICE Unclassified Excavation 380 Fill for Roadway 350 Sa~ Cut 30 Fine Grading 2,900 Furnish and Lay 18" CMP 530 Furnish an Install Leaching Basins 10' O.D. 160 Concrete Curb (Mountable) 1,240 Dense-Graded Aggregate Base Course - 4" Thick 245 c.y Bituminous Pavement Binder Course - 2-1/2" Thick 310 tons Bituminous Pavement Wearing Course 1-1/2" Thick 185 Topsoil and Seeding 1,650 Street Lights 3 Direct Burial Cable 450 Cable in Conduit 50 Street Signs 2 Concrete Monuments Street Trees Underground Electric Facilities (As per LILCO Estimate) Fire Wells Maintenance and Protection of Traffic c.y. 6.00 c.y. 8.00 1.f. 3.00 s.y. 1.50 1.f. 30.00 v.f. 300.00 1.f. 10.00 40.00 60.00 Tons 60.00 s.y. 5.00 ea. 2,000.00 ea. ~2.00 1.f. 10.00 ea. 250.00 9 ea. 80.00 30 ea. 200.00 Job L.S. 1 ea. 12,000.00 Job L.S. Sub-total 6% Inspection Fee TOTAL AMOUNT $ 2,280.00 2,800.00 90.00 4,350.00 15,900.00 4~,000.00 12,400.0~ 9,800.00 18,600.00 11,100.00 8,050.00 6,000.00 900.00 500.00 500.00 720.00 6,000.00 10,720.00 12,000.00 4,000.00 $174,710.00 10,482.60 Sidney B. Sowne. P.E., L.S. (1922-1959) Chester C. Kelsey, P.E., L.S. Robert A. Stanton. P.E.. Robert W. Brown. L.S. Zabdiel A. Brackman. P.E.. L.S. Frank J. Antetornaso. P.E. George A. Style, Jerry D. Alrnont, P.E. George k Fagan, Jr., Ph.D. P.E. Frank Capobianco. C.E. Paul F. Stevens, P.E. Roger L. Cocchi. P.E. Thomas R. Pynchon, L.S. SID IE Y B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 November 13, 1989 Roland Anders Francis J. Lynch Phillip Schlotzhauer Joseph F. Stegman William T. Styne Richard B. Weber Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Road Southold, N.Y. 11971 Re: Elijah's Lane Estates Section 3 - Major Subdivision at Mattituck S.C.T.M.: 1000-108-4-7.1 SBB No. 87263 Dear Sir: Enclosed please find a revised Bond Estimate for the above referenced Major Subdivision. We have increased the quantity of 18" CMP as per the Road and Drainage Plan dated January 1989, and revised the Inspection Fee to 6%. If you have any questions, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VM:rp SIDNEY B. BOWNE & SON Revised: November 28, 1988 November 9, 1989 BOND ESTIMATE FOR ELIJAH'S LANE ESTATES, SECTION 3 MAJOR SUBDIVISION AT MATTITUCK TOWN OF SOUTHOLD, SUFFOLK COUNTY, N.Y. S.C.T.M. NO. 1000-108-4-p/o 7.1 ITEM 2. 3. 4. 5. 6. e 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. UNIT DESCRIPTION QUANTITY PRICE Unclassified Excavation 6.00 Fill for Roadway 8.00 Saw Cut 3.00 Fine Grading 1.50 Furnish and Lay 18" CMP 30.00 Furnish an Install Leaching Basins 10' O.D. 300.00 Concrete Curb (Mountable) 10.00 Dense-Graded Aggregate Base Course - 4" Thick 245 c.y 40.00 Bituminous Pavement Binder Course - 2-1/2" Thick 310 tons 60.00 Bituminous Pavement Wearing Course 1-1/2" Thick 185 Tons 60.00 Topsoil and Seeding 1,650 s.y. 5.00 Street Lights 3 ea. 2,000.00 Direct Burial Cable 450 ea. 2.00 Cable in Conduit 50 1.f. 10.00 Street Signs 2 ea. 250.00 Concrete Monuments 9 ea. 80.00 Street Trees 30 ea. 200.00 Underground Electric Facilities (As per LILCO Estimate) J o b L.S. Fire Wells i ea. 12,000.00 Maintenance and Protection of Traffic J o b 380 c.y. 350 c.y. 30 1.f. 2,900 s.y. 530 1.f. 160 v.f. 1,240 1.f. k.So Sub-total ~n~ection AMOUNT $ 2,280.00 2,800.00 90.00 4,350.00 15,900.00 48,'000.00 12,400.00 9,800.00 18,600.00 11,100.00 8,050.00 6,000.00 900.00 500.00 500.00 720.00 6,000.00 10,720.00 12,000.00 4,000.00 $174,710.00 Sidney EL Bowne, P.E., LS (1922-1959) Chester C Kersey. PE.. L.S. Alexandre W. Mercil. P.E. Robert A. Sl=nton. PE. Rober~ W. Brown. kS+ Zabdiel A. Blackman, P+E., L.S. George A Style, P.E. Jerry D. Alrnont. RE. George L. Fagan, Jr., Ph.D.P.E. Thomas R. Pynchon. & SON SID B..EIOWNE 45 Manor Road Smithtown, N.Y, 11787 (516) 724-0611 Mr. Bennett Orlowski, Jr; Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, N.Y. 11971 Re: Elijah's Lane Estates, Sections 1, 2, and 3. Roland Ande~s Frank Capobianco Roger L. Cocchi Franc~s J Lynch September 1, 1988 SOUTHOI. D I'OWN PLANNING BOARD Dear Mr. Orlowski: We have reviewed the drainage runoff requirements for the above referenced three subdivisions. The storage capacity of the recharge basin in Section 1 is adequate for all of Section 1, Section 2, and 2" of overflow from Section 3. The initial 4" of runoff from Section 3 can be handled by leaching basins fed from curbside catch basins on Jeremiah's Lane. The developer can pipe the 2" overflow into the system on Jeremiah's Lane in Section 2. By accomplishing the above, there is no need for the ponding area presently proposed for the northerly half of Section 3. If you have any questions, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VM:rp SIDNEY B. BOWNE & SON ASSOCIATES George A. Style, P.E, ~Je~y D. Almont, P.E. September 12, 1996r~t~ Raymond C. Jacobs Supt. of Highways Town of Southold Peconic Lane Peconic, NY 11958 Re: P02806, Elijah Lane Estates, Section 2 S ..... M. 1oOn-108-O~-7 1 SBB No. 87126 SPECIAL CONSULTANTS Thomas R. Pynchon, Prof. H. F. Soetmgen, P.E., L.S. SENIOR STAFF Fra~tcis J, Lynch Philip Schlotzh&uer Dear Sir: A field inspection of this subdivision was completed on September 6, 1990 by this office. We find that very little work has been completed since the last inspection. Very truly yours, A. RARTON CASS, P.E. ABC:ls cc: Ray Dean Planning Board FOUNDER (1922-1959) July 30, 1990 P8 ASSOCIATES Jerry O. Almont, P.E. Frank Capo bienco. C.£. Paul F. Stevens, P.E. Roger L. Cocchi, P.E. SPECIALCONSULTANTG Thomas R. Pynchon, L.S. Prof. H.F, Soehngefl, P.E.,L.S. SENIOR STAFF Franc~s J. Lynch Philip Gchlotzhauer Joseph F. Gtegman W~ Uiern T, Styne Rich~d G. Weber Ralph A~derson, L.S, A. Barton Case, P.E. Fredric C. Griffit he, Jr., L.S. An driani Hattie, P.E. Gregg G. Kelsey, P.E. Dane C. Kenny, P.E, Howard W. Miller, Raymond C. Jacobs Supt. of Highways Town of Southold ?econic Lane Peconic, New York 11958 Re: Elijah Estates, Section 2 - PO2806 S.C.T.M. 1000-108-04-7.1 SBB No. 87126 Gentlemen: A field inspection of this subdivision was completed on 7/26/90 by this office. We find that the Belgium block curbing is being installed satisfactorily with the exception of one section east of Noah's Path on the south side of Jeremiah's Lane which was installed incorrectly for grade. The developer has been notified and will correct this section of curb. Very truly yours, A. Barton Cass CSH:clg B. Orlowski, Chairman (SPB) R. Dean (SBB) SOUTItOLD\87126 FOUNDER Sidney B* Bow'ne, P.E., (1822-1959) PARTNERS Ch ester C* Kelsey, P, E., L,E. Robert a. Stanton, SPECIAL CONSULTANTR Thomae R. Pynchon, L.S. SENIOR STAFF Franc~s J, Lynch Philip Schlotzhauer Richard B. Weber SIDNEY B. BOWNE & SON April 23, 1990 Mr. Raymond Jacobs, Supt. of Highways Town of Southold Peconic Lane Peconic, NY i1958 RE: P02806, Eljah Lane Estates, Section 2 SCTM No. 100-108-04-7.1 SBB 87126 Dear Sir: A field inspection of this subdivision was completed on 4-19-90 by this office. We find that the drainage in the south most portion is substaially completed, and was installed prior to the issuance of an authorization of inspection. This makes verification and recommendation for acceptance a more compex and time consuming exercise, namely the interior inspection of the structures and the lamping of the pipe lines, including the outfall pipe installed in the recharge basin. The developer should complete the stabilization & fence work at the recharge basin, to prevent further erosion to the banks disturbed during pipe and structure installation. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS ABC:ls cc: Ray Dean A. BARTON CASS ITEM 2. 3. 4. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. ¢~ber (~¢, BOND ESTIMATE FOR ELIJAH'S LANE ESTATES, SECTION 2 MAJOR SUBDIVISION AT MATTITUCK TOWN OF SOUTHOLD, SUFFOLK COUNTY, N.Y. S.C.T.M. NO. 1000~108-4-7.1 DESCRIPTION UNIT QUANT ITY PR ICE Unclassified Excavation 2,920 Fill for Roadway 860 Fi ne Grading 6,800 Stone Blend Base Course 4" Thick 760 Asphalt Concrete Binder 2~1/2" Thick 950 Asphalt Concrete Wearing Course~l 1/2" Thick 570 Concrete Curb (Mountable) 4,300 Furnish & Install Catch Basins Furnish & Install Manholes 7 Furnish and Lay Corrugated Metal Pipe ~ 18" Dia. 1,530 1.f. Furnish and Lay Corrugated Metal Pipe - 24" Diam. 600 1.f. Topsoil and Seed 5,340 s.y. Concrete Masonry 4 c.y. Concrete Monuments 13 ea. Saw Cut 75 1.f. Street Lights 11 ea. Direct Burial Cable 4,400 1.f. Cable in Conduit 50 1 .f. Street Trees 128 ea. Underground Electric Facilities (As per LILCO Estimate) J o b c.y. 6.00 c.y. 8.00 s .y. 1.50 c.y. 40.00 Tons 60.00 Tons 60.00 1.f. IO.O0 ea. 3,500.00 ea. 3,000.00 30.00 40.00 5.00 300.00 80.00 3.00 2,000.00 2.00 10.00 200. O0 Fire Wells as needed as per the Fire Dept. TOTAL: 5% Inspection Fee: 1988 AMOUNT $ 17,520.00 6,880.00 10,200.00 30,400.00 57,000.00 '34,200.00 43,000~00 38,500.00 21,000.00 45,900.00 24,000.00 26,700.00 1,200.00 1,040.00 225.00 22,000.00 8,800.00 500.00 25,600.00 51,810.00 20,000.00 $4~86,475.00 24,323.75 Sidney B. Bowne. P.E., ES. (1922-1959) Chester C Kersey, P.E., L,S. Aiexandre W. Mercil, P.E. Robert A, Stanton, P.E. Robert W. Brown, L.S, Zabdiel A. Blackman, P.E., LS. George A. Slyle, P.E. Jerw O. Almont, P.E. George L. Fagan, Jr., Ph.D., P.E. Frank Capobianco, CE. Thomas R. Pynchon, L,S. SIDNEY B. BOWNE 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Road Southold, N.Y. 11971 ON SOUTHOLD TOWN PLANNING BOARD October 14, 1988 Re: Depm~r. Orlowski: reAs a follow up to our letter questing that the developer submit Estates ~and Elijah's Lane Estates basins on Jeremiah's Lane, Section 3 for watershed; and provision for ~2" overflow Jeremiah's Lane, Section 2. Drainage for Elijah's Lane Estate Section 2 and Section 3 of September 1, 1988, we are revised plans of Elijah's Lane I~showing storage in leaching 4" runoff from the roadway into the positive system in This approach, as mentioned in our previous letter, would longer require the ponding area in the northerly half of Section 3. If you have any questions, please contact this office. no Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS ~NCENT MAR ICON DA Roland Anders Roger L Cocchl Francis J Lynch Philip Schlolzllauer Joseph F Slegman Paul F Stevens William T Styne Richacd B. Weber VM :rp B. Anthony Aliperti 1138 William Floyd Parkway Box 149 Shirley, New York 11967 Town of Southold Planning Board PO BOX 1179 $outhold, NY 11971 October 15, 1994 RE: Elijah's Lane Estates Proposed Subdivision SCTM# 1000-108-4-7.1 Dear Ms. Spiro: Enclosed please find form, with a check for is to proceed with two sections will correspond of 1994. the application material and the LEAF four hundred dollars. The intention separate sections. The layout of the with the maps submitted in February If you have any questions or need any additional information please call 516-281 -2646 or write. Thank you for your time and assistance. ~ Anthon~Aliperti ~ B. Anthony Aliperti 1138 William Floyd Parkway Box 149 Shirley, New York 11967 Town of Southold Planning Board PO BOX 1179 Southold, NY 11971 October 15, 1994 RE: Elijah's Lane Estates Proposed Subdivision SCTM# 1000-108-4-7.1 Dear Ms. Spiro: Enclosed please find the application material and the LEAF form, with a check for four hundred dollars. The intention is to proceed with two separate sections. The layout of the sections will correspond with the maps submitted in February of 1994. If you have any questions or need any additional information please call 516-281-2646 or write. Thank you for your time and assistance. ~rt~ PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 January 10, 1995 B. Anthony Aliperti P.O. Box 149 Shirley, NY 11967 Re: Proposed major subdivision for Elijah's Lane Estates, Sections 2 & 3 SCTM# 1000-108-4-7.1 Dear Mr. Aliperti: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 9, 1995: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Sincerely, Richard O. Ward Chairman enc. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 January 9, 1995 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Elijah's Lane Estates Sections 2 & 3 SCTM#: 1000-108-4-7.1 Location: West side of Elijah's Lane with access from Rachel's Road and Tabor Road SEQR Status: Type I ( ) Unlisted ( X ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Major subdivision of 38.56 acre parcel into 27 lots. Section 2 contains 19 lots. Parcel is located in R-80 zone, however, Section 2 is grandfathered to one acre density. Section 3 contains 8 clustered lots at the R-80 density. Page 2 SEQR Negative Declaration- ElUah's Lane Estates, Se~ion 2 & 3 Janua~ 9,1995 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. There has not been any correspondence received from the Department of Health Services in the allotted time. Therefore it is assumed that there are no comments or objections from that agency. There has not been any correspondence received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Langdon Marsh, DEC Albany Suffolk County Dept. of Health Suffolk County Planning Commission Judith Terry, Town Clerk Applicant ENB 14-16-2 (2187)--7c 617.21 SEQR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderl,,, manner, whether a project or action may be significant. The question of whether an action may be significant is not aiwas, s 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 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 ilexible to allow introduction of information to fit:a project or action. Full EAI: Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that mav occur from a proiect or action, it provides guidance -~s to whether an ~mpact is likely to be considered small to moderate or whether it is a potenUaJJy- large impact. The form also identifies whether an impact can be m~tigated or reduced. Part 3: If any impact in Part 2 is id;ntified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions Identify the Portions o~ EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and .,3 if appropriate), and any other suoporting 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 signif'icant 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 ,]egative 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 Map of Elijah's Lane Estates, Section Two Name ol~ Action SOUTHOLD TOWN PLANNING B02~D Print or Type Name of Responsible Officer in Lead A~ency Signature of Responsible Officer in lt,.ad A~..ncy Name of Lead Ai:enc¥ 5ign,~ture of I~eparer (If diHerent from responsible officer) ~ate BBSO File No. 87-162 Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action propose(! may have a significant effec on the environment Please complete the entire form, Parts /\ through E. Answers to these questions will be considere .os part of the application for approval and may be subject to furtherveriiicationandpublicrewew 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 invok new studies, research or investigation. If information requiring such ,~dditional work is unavailable, so indicate and specit' each instance. NAME OF ACTION Map of Elijah's Lane Estates. Section Two LOCATION OF ACTION (Inctude Street Address, Municipality and Countyl Mattituck, Town of Southold, Suffolk County, New York SUEINESS TELEPHONE NAME OF APPLICANT/SPONSOR Anthony Aliperti ( ADDRESS 1138 William Floyd Parkway C~T¥~PO NY 11967 Shirley SUS~NESS TELEPHONE NAME OF OWNER (Il ddferentl ( ADDRESS CITY/PO I S/ATE IZ'PC~E OESCRIPTION OFACTION Development of a 19-lot subdivision for construction of 19 new single residences on a ~20.3 acre parcel. family Ple,ase 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: r-'lUrban [:]Industrial F~Commercia] [~.,es_idential (suburban) /-1Forest [~Agriculture I-IOther 2. Total acreage of project area: Approx. 20.3 acres. APPROXIMATE ACREAGE PRESENTLY Meadow or Brushland (Non-agricultural) 0 acres 0 acres Forested 20.3 Agricultural 0ncludes orchards, cropland, pasture, etc.) acres Wetland (Freshwater or tidal as per Articles 2,;, 2.5 of ECl.) 0 acres 0 acres Water 5u/face Area 0 Unvegetated (Rock, earth or fill) 0 Roads, buildings and other paved surfaces acres Other (Indicate type). [~wn and landscaping 0 acres I-tRural (non-farm AFTER COMPLETION 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 3 3. What is predominant soil type(s) on project site?RdB - Riverhead sa.13d~' loamr 3-8% slopes; · H - Have~ Loam, U-2% slo~s, a. Soil drainage: ~Well drained 100 9%~ o, of site *ite UModerately well (~ramea ,o ~Poor[y drained % (~f site b. If any agricultural land is involved, how m~ny acres of 5oil are classified within soil group 1 through 4 of the NYE Land Classification Systenff acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ~Yes ~No ~. What is depth to bedrock? ~/A (in leer) 2 5. Approximate percentage of proposed proiect site with slopes: ~3 % EE]lt).l ~115% or greater . 6. Is proiect substantially contiguous to. or contain a building, site, or district, listed on the State or the National Registers of 14istoric Places? I-lYes IXlNo 7.. Is project substantially contiguous t(~ a site listed on the Register of National Natural Landmarks? I-lYes [~No 8. What is the depth of the water table? ~3'/' (in feet} 9. Is site located over a primary, principal, or sole source aquifer? [~Yes [~No 10. Do bunting, fishing or shell fishing opportunities presently exist in the proiect area? [~Yes 11. Does project site contain any species of plant or animal life that is identified as threatened or endanqered? I-lYes J~No According to Identify each species 12. Are there any unique or unusual land forms on tile proiect site? (i.e.. cliffs, dunes, other geological for:nat~ons) [3Yes ~No Describe~ Site is flatr formerly farmland 13. Is the project site Dresendy used bv the community or neighborhood as an open space or recreation area? r'lYes [~No If yes, explain 1,1. Ooes tile present site include scenic views known to be important to the community~ I-lYes I~No No~e 1S. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: · a. Name b. Size (In acres) 37. Is the site served by existing public utilities? []]]Yes E]]No a) If Yes. does sufficient capacity exist to allow connection? JJgYes []]No ~, b} If Yes, will improvements be necessary to allow connection? JgYes [-1No 18. Is the site located in an agricultural district c~ertified pursuant to Agriculture and Markets Law, Article 25-A,\. Section 303 and 304? [DYes E]No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 E]Yes ~No 20. }las the site ever been used for tile disposal of solid or hazardous wast'~?_ ~Yes ~No C B. Project Description 1. Physical dimensions and scale of project {fill in dimensions as appropriate) a. Total contiguous acreage owned or controlh~d by project sponsor +28 b. Project acreage to be developed: 17 acles initially; 1'/ . c. Project acreage to remain undevelo[ e( 11 acres. d. Length of project, in miles: N/A (Ir appropriate) e. If the project is an expansion, indicate percent of expansion proposed _ %; f. Numher of off-street parking spaces existim: 0 ; propnsed 38 ... g. Maximum wflficular trips generated per hour 76 (UDOI1 completion of project)? h. If residential: Numb,,r and type o[ housing units: One Family Two Famdy Multiple Family Condominium Initially ~9 Ultimately ~9 i. Dimensions(in Jeer) of largest proposed structure 25' height; 45' width: 35" length j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 acres. acres ultimately. 2. l-~ow mucb natural material (i.e., rock, earlh, etc.) ~vill be removed f 3. Will disturbed areas be reclaimed? I~Yes f-INo [-IN/A a. If yes, for what intend.~ 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? :1:5 acres. 5. will any mature forest (over 100 years old) or other locally-important vegetation be removed by this proiect? I-lYes I~No 6. If single phase project: Anticipated period o[ construction ].2 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. Approximate completion date o~ ~inal phase d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? E~]Yes [~No 20 9. Number of jobs generated: during construction 10 Number of lobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? site? 0 tons/cubic yards Lawns and landscaping months, (including demolition). month year. (including demolition). month year. {:]Yes [:]No after project is complete 0 [~Yes [~No If yes, explain 12. Is surface liquid waste disposal involved? I-~Yes [~[No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into wbicb effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~]Yes F-INo Type On-site generated sanitaz7 sewa~ 14. Will surface area of an existing water body increase or decrease by proposal? . [~Yes ~,No *' ~. Explain 15. Is project or any portion of. project located in a 100 year flood plain? 16 Will the project generate solid waste? ~]Yes I-1No a. If yes, what is the amount per month ;~ tons b. If yes. will an existing solid waste facility be used? []~Yes I-INo Southold Municipal Landfill ; Ioca'~Ibn c. If yes, give name d. Will any wastes nol go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain rqYes ~]No Southold rqYes ~No 17 Will the project involve tile disposal of solid waste? r-lyes ~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 pestici(h's? EgYes 19. Wilt project routinely prdduce odors (more than one bout per day)t ~Yes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? ~Yes 21. Will project result in an increase in energy use? ~Yes If yes , indicate type(s) 22. If water supply i~ [rom wells, h~dicatt~ pumping; capacity 5 gallons/minute. 23. Total anticipated water usage per day 5~700 gallonqday. 2.t Does project involve Local, State or I'e~Jeral funding? ~Yes If Yes, explain ~]No 4 25.' AplJr,,vals Require(l: City, Town, %'illa~..e Board I-lYes [:3No City, Town, Village Planning 13card l~]Yes [3No City. Town Zoning i3oard r-lYes City, County Health Department ~3Yes [No Other l. ocal Agencies [~]Yes [No Other Regior~al Agencies r~Yes L-JNo State Agencies I-lYes ~No Federal Agencies [Yes I~No Type Submittal Date Subdivision Subdivision, water/sanitary C. Zoning and Planning Information 1, Does proposed action involve a planmng or zoning decision? ~Yes I-1No · Il~ Yes. indicate decision required: E]zonin8 amendment I-Izoning variance ~lspecial use permit [~]subdivis/on i-"[site plan [3new/revision of master plan [~]re~ource mana~:ement plan rqodler 2. What is the zoning classification(s)of the site? A-Residence 3. What is the maximum potential development of tile site if developed as permitted by the present zonin?_.? 19 sinqle family residences 4. %Vhat is the proposed zonin~ o~ the site~ A-Residence 5. What is the maximu/n potential development of the site it developed as permitted by the proposed zoning? 19 single family residences 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~]Yes 7. What are the predominant land use(s) and zoning classifications wid)in a '/~ mite radib's of proposed a~tion? Single family residences, railroad, agricultural C 8 Is the proposed action compatible with adjoininB/surroLmding land uses within a 9. If the proposed action is the subdivision of land. how many lots are proposed? a. What is the minimum lot size proposed? Approx. 40.000 s.~. 10. ~Vill proposed action require any aud~orization(s) for the formation of~e~yer or waler districts? ~Yes ~No 11. Will d~e proposed action create a demand tot any community p~ovided services'(recreat~on, educaUon, police, fire protec~ion)~ ~Yes ~No a. I~ yes, is existing capacity sufficient [o handle projected demand~ ~Yes ~No 12. Will the proposed action resul~ in d~e generation of Iraffic significandy above present levels? ~Yes ~No a. I~ yes, i~ lJ~e existing road network adequate to hamlle (l~e additional traffic? ~Yes ~No D. Informational Details Attach any additional information as may I)(~ need('d to cMril'y your project If ti)ere are or may be an,,, adverse impacts associated with your proposal, please discuss such imp;t(:ts and the me,'~sures which you propose to mitisate or avoid them. E. Verification I certify d)at tim information providl.d ahov~, is ~t~uc [o th,! })(!St of ely knowledge. / / '/ ' - '~'' ....... -- T I[lheaclio.~Coasla A~y~.~rca~agc, nc ,complelelheCo~slalAssessmenlForm he[ore roceedin y . p g wilh Ibis assessment. " ParI~-PROJECT IMPACTS AND THeft MAGNITUDE Responsihilit¥ ~0i Lead Agency · General Information (Read Carefully) " · In completin8 d~e form the reviewer should be 8uided by d~e question: Have my responses and determinations been reasonable~ Tl~e reviewer is not expected to be an expert environmental analyst. · , Identifying that an impact ~ili be potentially large (column 2) does not mean tbat it is also necessarily significanl. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks tbat 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. ~ut, for any specific protect or site other examples and/or lower thresholds may be appropriate for a Potentia~ 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 il[ustrat'ive 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 que~tion~does not indicate the importance of each queshon · In identifying impacts, consider long term, short term and cumlative e~fects. Inslrudions (Read carefully) a. Answer each of the 19 question~ 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 chec~ the appropriate box (cok~mn 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 ~. e. If a potentially large.impact checked in column 2 can be mitigated bv change(s) in the protect to a sm'all to moderate impact also check ~he Yes box n co cnn 3 A No response indicates that such a reduction is not possible. This must be.explained in Part 3. foot of length}, or where tbe general slopes in the project area exceed 10%. · Construction on land where the depth to tile water table is less than 3 feet. · Construction of paved parking area for 1,000 or more w'hicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface · Construction that will c~)nlinue for more than I year or involve more tban one phase or stage. Ions of nalural material (i.e., rock or soil) per year. · Construction in a designated floodway. · Other impacts 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] C3yes E~No ~ [] I~Yes ONo L-] [] ~Yes ~No [] [] Cl,:es E3No [] [] [:]Yes C]~o [] [] /:3Yes /3No r~ [] ©Yes [:]No [] [] L~Yes C~o [] [] L3Yes E3~o [] [] I~Yes [3No IMPACT ON LAND 1. Will the proposed action result in a physical change to Ihn project site? ~NO =C]YES Examples that would apply to cohlmn 2 · Any construction on slopes of 15% or greater. (15 foot rise per 100 2. Will there be an effect t:...,,y ur;,que or re]usual land fl~m~s found on the site? (in, cliffs, dunes, geological formations, etc.)l_]NO L.qYE S · Specific land forms: IMPACT ON WATER 3. will proposed action affect any water body designated as protected? (Under Articles 15.24., 25 of the Environmental Conservation Law, ECL) {~NO [~YES Examples that would apply to column 2 · Developable area of site contains a protected water body · Dredgina more than 100 cubic yards of material from channel of a protected stream, · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland, · Other impacts: 4. Will proposed action affect any non~-protected existing or new body of water? [:]NO I~YES Examples that would apply to column 2 · A 10% increase or decrease in the snrface area of any body of water or more than a 10 acre increase or decrease · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: $, Will Proposed Action affect surface or groundwater quality or quantity~ [~NO [~YE5 Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (proieGt) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity, · Construction or operation causing any contamination of a water ~ supply system. · Propased Action will adversely affect groundwater. · Liquid effluent will be conveyt~ .I oil the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use waler in excess of 20,000 gallons per day. · Proposed Action will likelv cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the stora~4,: al pc'troleum or chemical products greater than t,100 gall.ns. · Proposed Action locates commercial and/or industrial uses whicl~ may facilities. · Otl~er impacts' C 6 VVill proposed action ,liter draina.qe flow or palt(~rns, or surface ' waler tuna[f? l-INa E]YES Examples that w~uld apply to column '2 · Proposed Action would change flood water flows. I 2 3 Small to Potential .Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] J~]Yes I-]No [] [] []Yes I-INa [] [] ~Yes []No [] [] ~Yes []No [] [] []Yes []No [] [] []Yes gna [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes ~No [] [] []Yes [] [] []Yes EgNo [] [] []Yes []No [] [] []Yes []No [] [] ~Yes [] [] []Yes [] [] []Yes []No · [] [] []Yes []No [] [] []Y~s []No [] [] []Yes []No ·-Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing, drainage pal(ems. · Proposed Action will allow development io a designated floodway. · Other impacts: IMPACT ON AIR 7 Will proposed action affect air quality? I'-INO ~]YES E~ampies that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any 8ivan hour. · Proposed Action wilt result in the incineration of more than I ton of refuse per hour. · Emission rate of total contaminants will exceed 5 Ihs per hour or a heat source producin~ more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount o~ [and committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. : · Other impacts: IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened' or endangered species? I-INO C]YES Examples that would apply to column 2 · Redt~ction of one or.. more species listed on the New Yorl¢ or Federal list. usin8 the site, over or near site or found on the site. · Removal oi~ any portion of a critical or sit~rfificant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than [or a§riculturaJ purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threatened or non-endangered species? E]NO [~YES Examples that would apply to column 2 · Proposed Action would substantially inledere wilh any resident or misratory fish, shellfish or wildJi[(~ species. · Proposed Action requires the removal o~ more d~an 10 acres o[ ma(ute fores( (over 100 years o~ age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Propo~d Ac(inn affect ngricullurnl I,md resources? EINO ~YES Examples Ihat wouJd apply to column · The proposed action wouJd sever, c~oss f)~ Jimil access lo a~i(uJtural land (includes cropland, h~wfields, paslu~e, vineyard, orchard. · '~' I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] i-]Yes [~]No [] [] ~]Yes [--]No [] [] I--lYes []No [] [] I'-I Yes [~INo [] [] Cites []No [] [] I--lYes []No I~ [] •Yes []No D [] []Yes r-JNo [] [] ~]Yes [~No [] [] []yes []~o [] [] t-'lYes []No [] [] []Yes E3No [] [] I--JYes []No [] [] fi"lYes []No [] [] I'-Iyes •No [] [] []Yes []No [] [] ~¥es E3~o · 'Construction activity would excavate or compact tile soil profile of agricultural [and. · Tile proposed actiou would irreversibly conw~rt more than 10 acres of agricultural land or. if located in an Agricultural District, more than 2.S acres of agricultural land · The proposed action would disrupt or prevent installation of aRricultural land management systems (eg.. subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: ~ IMPACT ON AESTHETIC RESOURCES I1. Will proposed action affect aesthetic resources? FqNO I~YES {1[ necessary, use tile Visual EAF Addendum in Section 61721. Appendix B.) Examples that would apply to column 2 · Proposed ]and uses, or proiect components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural~ · Proposed land uses. or proiect compor]ents visible to users of aesthetic' resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Proiect components that will result in,the elimination or s~gnificant 'screening o[ scenic views known to be important to the area. · Other impacts: I~'~IPACT Olq 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 conti~uous to any facility or site listed on the Stale or National Register of historic places. · Any impact to an archaeological site or fossil bed Iocaled within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inv~,ntor,/. · Other impacts' C IMPACT ON OPEN SPACE AND RECREATION 13. Will Propnsed Action aifect d~e quanHty or quality ~),~ exKtlnt; or £xamples that would apply to column 2 [~]NO ~YES Other impacts: 1 2 3 Small to" Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] E]Yes []No [] [] J~]Yes []No [] [] •Yes r-INo [] [] r-lyes []No [] [] •Yes []No [] [] []Yes []No [] [] r-]Ye~. []No [] [] []Yes []No '~. [] [] I-lYes []No [] [] []Yes r-lNo [] [] []Yes []No [] [] []Yes []No [] [] []Yes [Z]No [] [] - []Yes r-lNo [] [] []Yes []No IMPACT ON TRANSPORTATION 1,1 Will there be an effect to existing transportation systems{' ON• OYES Examples that would apply to column 2 · Alteration of present patterns of movement of peopl~ and/'or goods. · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 15, Will proposed action affect the community's sources of fuel or energy supply? I-~NO E-]YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any torm of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve mor~ than 50 singie or two family residences or to serve a rnaior commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16 Will there be ot3iectionable odors, noise, or vibration as a result ol~the Proposed Action? ' F3NO OYES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day) · Proposed Action wiH produce operating noise exceeding the local ambient noise ~levels for noise outside o[ structures · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 17. Will Proposed Action ai~fect public health and safety~ ON• ~YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or re]ease of hazardous substances (i.e. oil. pesticides, chemicals, radiation, etc.) in the event o[ acciden{ or upse~ conditions, or there may b~ a chronic h~w level discharge or emission. · Proposed Action may result'in tbe burial o~ "hazardous was[es" in any form (i.e. toxic, poisonous, Idgbly reactive, radioactive, irri~ating, in/ccd•us, etc.) · S~ora~e facilities ~or one million or more ~allons o~ liquified nalural Ras or other Hammable liquids. wilhin 2.000 ~ee[ of a site used for the diH)osal o[ solid or hazardous I 2 3 Small to Potential Can Impact E Moderate Large Mitigated By Impact Impact Project Chan~c [] [] [~Yes I--iN, [] [] []Yes []Nc [] [] FIYes []Nc [] [] []Yes r-lNc [] [] []Yes FlNc [] [] []Yes [-]Nc [] [] OYes []No [] [] F-lyes F1No [] [] []Yes ElNa [] [] []Yes []No [] [] I-lYes []No [] [] []Yes •No · [] [] OYes [] [] OYes []No [] [] OY,:s []~;0 [] [] OYes ONo IMPACT ON GROWTH AND CtIARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect tile charncter o1' tile existing community? C., - r~NO rqYES Examples that would apply to column 2 · The permanent population of the city, town or village in which tile project is located is likely to [[row by more than 5%. · Tile municipal budget for cnpital expenditures or oper,~tin~ services will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existin~ facilities, structures or areas of historic importance to the ,community. · Development will create a demand for additional community services (e.§. schools, police and fire, etc.) · Proposed Action will set an important prec.edent for future projects · Proposed Action will create or eliminate emf~lovment. · Other impacts: I 2 3 Small to" Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] r-]Yes I'--I N o [] [] I~Yes [] [] C]Yes ~3No [] ~ ~Yes ~No ~ ~ ~Y~s ~No ~ ~ ~Y~s ~No ~ ~ ~Y~s ~No ~ ~ ~V~s ~No 19 Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? C]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 C Part 3~EVALUATION OF THE IMPORTANCE OF IMPACTS Resporlsibilily of Lead Agency Part 3 musl be prepared if one or more impacl(s) is considered Io be pot~'~ltially large: even it Ihe impact(s) may be rniligaled. Inslruclions Discuss the following for each impact identified in Column 2 of Part 2: 1. Driufly describe the impacL 2. Describe (if applicable] how the impact could be mitigated or reduced to a small [o moderate impact by project change(s). 3. Based on the information availahle, decide if il is reasonable to conchrcle that this impact is imporlanl. ' 1be dura[ion of tim impacl · Ils irreversibility, includinR permanendy IDs[ resources of value · Whether the impact can or will be conlrolled · The regional COnSequence of the impact ' It~ po[enlinl diw:u~mce from local needs and ~:[~aJs · Whether known ~)bj~Tcli~ms to Ihe project teJ.Hc to fids impa~ t (Continue on ,]t~achmenls) C 617.21 Appendix B State Environmental Quality Review V sua! EAF Addendum SEQR This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be comp!eted by Lead Agency) Distance Between Visibility 1. Would the project be visible from: · A parcel of land which is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An overlook or parcel of land dedicated to public observation, enjoyment and appreciation of natural or man-made scenic qualities? · A site or structure listed on the National or State Registers of Historic Places? · State Parks? · The State Forest Preserve? · National Wildlife Refuges and state game refuges? · National Natural Landmarks and other outstanding natural features? · National Park Service lands? · Rivers designated as National or State Wild, Scenic or Re.creational? · Any transportation corridor of high exposure, such as part of the Interstate System, or Amtrak? · A governmentally established or designated interstate or inter-county foot trail, or one formally proposed for establishment or designation? · A site, area, lake, reservoir or highway designated as scenic? · Municipal park, or designated open space? · County road? · State? · Local road? Project and Resource (in Miles) 0- I,/4 V-~-Ih V2.3 3-5 5 + [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] E]' [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) E~Yes E]No Are any of the reso.,.'~ct~s chucked m quc.~;tion I used by the public during the time of year during which It;e projuct wiI[ be visible? /-]Yes I-INo 1 DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question l, check those ~vhich generally 'describe the surrounding environment. Within *~/~ mile '1 mile Essentially undeveloped [] [] Forested [] [] Agricultural [] [] Suburban residential [] [] Industrial [] [] Commercial [] [] Urban [] [] River, Lake, Pond [] [] Cliffs, Overlooks [] [] Designated Open Space [] [] Hilly [] [] Mountainous [] [] Other [] [] NOTE: add attachments as needed 5. Are there visually similar projects within: *1/2 mil~ []Yes CiNo '1 miles []Yes mina '2 miles C~Yes '3 miles ~lYes C]No * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is Activity Travel to and from work Involved in r~creationai activities Routine travel by residents At a residence At worksite Other FREGUENCY Holidays/ Daily Weekly Weekends Seasonally [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] 2 Part 2--PROJECT IMPACI5 ANU IHt:IH Gene~.ll h'sforn'latior~ tread Carelull'sl · In completing the form d~e reviewer should br gt.ded by tine question Have my req)on~es and determmahons reasonable~ The re~iewer is not expected to be an expert eneironmental analysl · Identdyh~g that an ,mpact will be potemiall,, ~a~gc (column 2) does not mean that ~t ~s aho necessarily significant. Any large impact must be er,alu.ted is~ t'ARi 3 :o determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The [xamples provided are to assist the re~.rxxe: 5v ~howing types of impacts and wherever possible the threshold magnitude t~at would trigger a response m cok,mn 2 The examples are generally applicable throughou~ the Sta~e and ior most situations But, for any specific project or site other examples and;or lox%er thresholds may be appropriale for a Potential Large Impact response, thus requiring evaluation in Part 3 · The ,mpacts of each project, on each site, m ,.ach [ocalitx. %~[1[ Yarv Therefore, the examples are illustrative and have been offered as guidance They do not con~: :.,re an exhat.stwe list oi m~pacts and threshotd~ to ansxxer each quest;on · In identifying impacts, consider long term. ~ho:: term and cumlatWe Instructions (Read careiully) a Answer each of the 19 questions in PART 2 Answer Yes ii ti~ere wdl be any impact b. Maybe answers should be considered as Yes c. Ii answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact, tf impact threshold equals or exceeds anx example provided, check column 2. Ii 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 must be explained in Part 3 · ~ No response indicates that such a reduction is not possible. This IMPACT ON LAND physical change to the project site? 1. Will the proposed action result in a ~YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater. (!5 foot rise per 100 foot of len§th), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the ~*a[er table is less than 3 feet · Construction of paved parking area for 1.000 or more ~ei~icles · Construction on land where bedrock is e,,posed or generally x~itl~in ] feet of existing ground surface · Construction that will continue for more than 1 ~ear o~ involve more than one phase or stage. · Excavation for mining purposes that would remo~e more than 1,000 tons of natural material (i.e.. rock or soil) per year · Construction or expansion of a sanitary landfill · Construction in a designated floodwa,,.. · Olher ~mpacts 2 Will there be an effec't to any unl(lUe or unusual land [orrns found on 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change I~Yes E~No IMPACT ON WATER \.viii proposed ac[ion affecl any wate~ bo,% designated as protected? (Und*'r Arl;cles I";. 2,1. 25 Of the En~ ~ronmental Con~er~t~n Law, ECl.) ~NO ~YES E[amples Ihal would apply to column 2 Dew, lopable ama o[ site contain~ a prolected water body Dredging more Ihan 100 cubic yards of material [rom channel of a protected stream. I-~lension of u[ddy disldbufion [acilities lhrou~h a protected water body. (onstruction in a designated [reshwate~ er Udal wedand Od~er impacls: 4 \\:ill proposed action afiecl an'~ non-prc:ec~,~d ~g.o · e\lMn g [ ne',',' bodv oi water? ~NO eYES Examples Ii,at would apply to column 2 · ^ 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water ~hat exceeds 10 acres of surface area. · Other impacts: 5 Will Proposed Action affect surface or groundwater quality or quantity? I-1NO J~"YES Examples that would apply to column 2 · Proposed Action `.~ill require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conve,/ed oil the site ~o facilities which presently do not exist or have inadequate capacity · Proposed Action would use water in excess of 20.000 gallons per day. · Proposed Acti~,, will likely cause siltation or other discharge into an existin§ body of water to the extent that the:e will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and,"or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: 6 Will proposed action alter drainage ilow or patte~), or water runoff? ,,~NO £xarnples thai would apply to cohmm ] surface U-)YES Moderate Impact O O O O O O [] [] O O [] [] O 0 FI 2 3 Potential Can Impact Be Large Mitigated By Impact Project Change 0 OYes ONo O OYes ONo 0 OYes FINo O OYes ONo ~ OYes ONo O OYes ONo [] OYes ONo O OYes F]No [] OYes . ONo O OYes ONo O OYes ONo O OYes ONo O OYes ONo O []Yes ONo O OYes ONo O OYes ONo O' OYes ONo O OYes ONo O OYes ONo O OYes ONo · Proposed Action may cause substantial erosion. '· Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7 YVill proposed action affect air quality? XNO ©Yes Examples that would apply to column 2 · Proposed Action will induce 1,000 or more,,,eh~cle trips in any given hour. · Proposed Action will result in the inciheration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endar~red species? /~I~NO OYES Examples that would apply to column 2 ,, Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. · Removal of an,/ portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes · Other impacts: 9 Will Proposed Action substantially affect non-threate~d or non-endangered species? /~NO r-lYES Examples that would apply to column 2 - Proposed Action would substantially interfere with any resident or migratory fish. shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres o[ mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural land resources? E]NO ~YES Examples that would apply to column 2 1 2 3 Smallt(~ Potential Can Impact Be Moderate-~' Large Mitigated By Impact Impact Project Change O [] OYes ON• O O OYes I--IN• O O OYes ON• O O OYes ON• [] O OYes ON• O O OYes ON• [] O OYes ON• O O OYes ON• [] [] OYes ON• O O OYes OHo O [] OYes ON• O O OYes ON• O O OYes O [] OYes ON• O O OYes ON• [] [] OYes •No · ('Olistrucliol'~ aclivily ~ouJd t!x~ ,ivalo or conlpacl Ihe soil plofill' Of a~ricullural land. * The proposed action would i~ve~ibly convert more lhan 10 acre~ of .]rricuhural land or. d located in an -x~ricuhutal DislricL more than 2.5 acres of a~ricultural land . The proposed action would dis~upl or pre~ent installation oi a~ricuJlural land management systems (e~.. subsuriace d~ain lines, outlet ditches. strip cropl)m~): or create a need for such measures (e.~ cause a farm field Io drain poorly due to increased , Other impacts IMPACT ON AESTHETIC RESOURCES , 11 Will proposed action affect aesthetic resources? ,,~'NO fqYE$ (If necessary,, use the Visual EAF Addendum in Section 617.21. Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ~'NO [~YES Examples that would apply to column 2 · Proposed Action occurring v, holly or parually within or substantially contiguous to :'my facility or site listed on the State or National Register of historic ph,cr. · Any impact to an archaeologlcal site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN 'SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? x/ Examples that would apply to column 2~NO DYES · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other m~pacts 1 ; 2,i 3 SnOto Potenhal i Can [mpacl Be ModErate Large Mitigaled 8y Impact Impact Project Change C J~] DYes L_~No ~.: [] ONe [:]Yes !~ [] C~Yes ~No ~ '~ ~Yes ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~ ~Yes IMPACT ON TRANSt~TATION 14 Will there be an effect to existing transportation sys~tjem~? ~NO OYES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 15 Will proposed action affect the community's sour?~ 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 any form ct energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 sin§le or two family residences or to serve a major commercial or industrial use, · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? OYES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 17 Will Proposed Action affect public health and safe ~t~ ~NO OYeS Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil. pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) · Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous · Odwr Smalll~~ Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes ONo [] [] []Yes ON• [] [] OYes •No [] Yes ON• [] O OYes ON• [] [] OYes ON• [] [] OYes ON• [] O OYes ONo [] [] OYes ONo [] [] OYes ONo [] [] OYes ONo [] O J~.Yes •No ~ O OYes ON• ~ ~ ~Yes ~No ~ ~ ~Yes ~N0 IMPACT ON GROWTH"~CND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18 Will proposed action affect the character of the existing commu, n,,jty? ~NO .,~ES Examples that would apply to column 2 · The permanent population of the city. town or village in which the proiect is located is likely to grow by more than 5% · The municipa! bud§et for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate e~isting fatalities, structures or areas of historic importance to the community · Development will create a demand for additional community services (e.g. schools, police and fire, etc) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: · 2 3 Smalito Potential Can Impact Be Moderate Large Miligaled By Impact Impact Project Change [] [] [:]Yes []No [] [] (:]Yes ~']No [] [] I-lYes [:]No [] [] I-lyes [:]No [] [] []Yes ~No X ~ ,'--lYes '-- ' [] ~ ~Yes ~o ~ ~ ~Yes ~No ~ ~ ~Yes ~o 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ~'1~10 I-lYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(i) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2 Describe {if 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) 6-2 (2!$7)-- 7c SEQR 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMEI~IT 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 akvavs easy to answer. Frequent- ly. there are aspects of a project that are subjective or unmeasureabl% 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 ¢~ay no! be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants End agedcies can be assured that the determination process has been orderly, comprehensive in nature. ,,,et ilexible to aJlowiintroduction pi; informauon to fit a proiect or action. Full EAF Components: The full hAP is comprised of three parts: : Part 1: Provides obiective data and information about a giveh pr0iect and its site. 8y 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 ~mpact ~s hkeiv to be considered small to moderate or whether it is a po~enually- large impact. The Corm also idenunes whether an i~npact can be m~ugated or reduced. Part 3: [f any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate ~vhether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions Identify the Portions of £AF completed for this project: [] Part I [] Part 2 ~]Part 3 Upon review of the information recorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting information, andconsMermgooththemag[udea d 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 O B. [3 C. on the environment, therefore a positive declaration will be prepared.. 'AConditioned Negative I~-~l Declaration is only valid for Unlisted Actions ~ Map of Elijah's Lane Estates, Section Two ~ ¢<ame of Action PLANNE'~(; '~' ~ have a significant impact on the env,ronment, therefore a negative declaration will be prepared. Although the project could have a signif'icant 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 prepaY'ed.' The project may result in one or more large and important impacts that may have a significant impact $0UTHOLD I'1~ .N_ Print or Type Name of Responslbh: OI ricer m Lead Ai:c. ncy Sil;nature of Responsible Officer in Lead Ai:,'ncy Name of Lead Allency Title of Respons,bh: Officer . 5ign,~ture ol I~eparer {11 different from responsible o'"ced Da~e BBSO File No. 87-162 PART 1--PROJECT INFORMATION · ' ' Prepared by Project Sponso~ ' ICE: This document is designed to assist in determining whether the action proposed may have a siRni~icant ef~e~ on the environment. Please complete the entire form, PartsA hrotmh E. Answers to these quesuonswill beconsidere · &s part of the application for approval and may be subject to further veniication and public review. Provide any addition. information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invok new studies, research or investigation. If information requiring such ~dditional work is unavailable, so indicate and specl; each instance. NAME OF ACTION Map of Elijah's Lane Estates, Section Two LOCATION OF ACTION (tnClUde Street AdCltes$, Mum¢ipelity aaa County) Mattituck, Town of Southold, Suffolk County, New York BUSINESS TELEPHONE ( ~ NAME OF APPLICANT/SPONSOR Anthony Atiperti 1138 William Floyd Parkway CITY/PO ~ J [1967 Shirley 8US;NESS NAME OF OWNER (Il dmtlerenl) ADORESS j STAT-' I z:PC=E CITY/PO OESCRIPTJON OF ACTION I~veto~en[ o~ a [9-lob subcLtv±sion ~or cons[~c[±on off 19 ne~ szngle residences on a '20.3 ac=e parcel. family Ple.~se Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical settin~ of overall project, both developed and undeveloped areas. 1. Present land use: [-]Urban E]lndustrial [~Commercial (~,~'.es. idential (suburban) ¢'tRurai (non-far; Other (Indicate type) La',.m and landscaping 0 acres soil tyne(s) on ~roject si 3. What is predominant ... ' '. a. Soil drainage: ~%Vell drained IUU % el ~ite UMmleratcly weu (~ra~nea _ ,0 of pre ~Poorly draim'd % .f siu: b. I~ any a~ricuhural land Land C ass icat~on Systen 4, Ar~ Ihete bedrock outcroppings on project s,le? ~Yes [No ' ~. Wh:J is depth [o bedrock? N/R IO~ (in Joel) 2 F'lForest (~Agriculture [qOther 2. Total acreage of project area: Approx. 20.3 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETIO.N Meadow or Brushland {.~on-asricultural) 0 acres 0 acres 0 acres 0 acres Forested 0 Asricultural (includes orchards, crop[and, p.lsture, utc.) 20.3 acres acres Wetland (Fresi~water or tidal as per Articles 2,1. 25 of ECL) 0 acres 0 acres 0 acres 0 acre~ Water Surface Area 0 0 Unvesetated (.Rock, earth or fill) 0 3 Roads. buildings and other paved surfaces acres 17 acres is p*oiect substantially cor~tigug~ t II guou to a site listed on the Register ot NationaI Natural Landmarks? OYes 8. What is the depth of the water table? ~ {in ieet) 9. Is site located ove~ a primal, principal, or sole source aquifer? ~Yes ~No ' 10. Do hunting, fishing or shell fishing o~pottunities presently e~ist in the project area? ~Yes ~No ~. Does project site co~tain any species of plant or animal life :hat is identified as threatened or endangered? According to ~ ~ Identify each species 12. Are there any unique or unusual land iorms on the project site? (i.e.. cliffs, dunes, other geological formations) ~o Describe S~e ~s f~ ~o~e:~y ~150,~, or greater or contain a building, site. or distr listed on the State or the National 13. Is the project site presently used by the community or neighborhood as an open space 'or recreation area? OYes I~No If yes, explain 14. Does the present site include scenic views known to be important to the community~ OYes I~No 15. Streams within or contiguous to project area: None a. Name of Stream and name oi River to which it is tributary 16. ~. a. Name 17. ls the site served by existing public utilities? ~Yes C]No a) If Yes, does sufficient capacity exist to allow connection? b) If Yes, will improvements be necessary to allow connection? Lakes. ponds, wetland areas within or contiguous to project area: b. Size (in acres) ~Yes i-No ~Yes ~..'~ o 18. Is the site located in an~,gricultural district cerufied pursuant to Agriculture and ?,larkets Law. Article 25-AA, Section 303 and 304? ~Yes 19. Is the site located in or substantially contiguous to a Critical Environmental Ar~.a designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 OYes I~No 20. Has the site ever been used for the disposal of solid or hazardous wast'~?. ~-'Yes I~No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) ~'~..C-~; a. Total contiguous acreage owned or controlled by proiect sponsor 28 acres. ,~,-~'.~-,,-'~c~'~' b. Project acreage to be developed: 17 <'~:)acres initially; ].'7 ~acres ultimately. c. Project acreage to remain undeveloped ].10,,.~ acres, d. Length of project, in miles: . N/A (Il appropriate} e. If the project is an expansion, indicate percent ol expansion proposed %; f. Number of otLstreet parking spaces existing 0 ; proposed 16 igg g. Maximum vehicular trips generated per hour 32 i"~g::~(upon comph.,tion of proiect)? h. If residential: Number and type of housing units: One Family Tw~) Fam,l¥ ML,ltiple Family Condominium Inilially ~ Ultimately 8 i. Oimensions (in feet) of Jarge:;t proposed structure 25' , height; 45' widthl 35' length. i. Linear ~eet et Irontage along a public thorough/are proiect will occupy is? 1,200. 3 , ~ Zuch natural materia[ (i.e., rock. earlh, etc) ,.v~[I he removed irom the site? 0__ tonslcub~c yards ,~il'ldisturbed areas be reclai,nedO {X]Yes ~No ~N/A 0 a. I~ yes. ~or what intend .~ purpose is the s,te bein~ ~eclai,ned? La~s ~d l~dscap~g b. Will topsoil be stockpiled for reclamation? ~Yes ~No · / - - c. Will upper subsoil be stockpiled for reclamation? ~Yes ~N6 _ 4. How many acres of vegetation (trees, shruhs, ground covers) will be removed from s~te? ~5 ~ $. Will any mature forest (over t00 years old) or other Iocally-importaqt vegetation be removed by this project? OYes I~No 6. If single phase project: Anticipated period of construction 12 / months. (including demolition). 7. If multi.phased: a. Total number of phases anticipated (number). I b. Anticipated date of commencement phase 1 month c. Approximate completion date of i'inal phase mo:nth d. Is Dbase 1 functionally dependent on subsequent phases? OYes ONo 8. \viii blasting occur during construction? ~Yes [~No 20 ; after proiect is complete 9. Number of jobs generated: during construction 10. Number of iobs eliminated by this project 0 11. Will project require relocation ot any projects or localities? ' []Yes ~No If yes. explain ,,,ear. (including demolition). .12. Is surface liquid waste disposal involved? OYes I~No '~, a. If yes. indicate type of ~vaste (sewage. industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. IS subsurface liquid waste disposal involved? ~Yes ~No Type ~-site genera~ s~i~ sew~ 1.1. Will surface area of an existing water body increase o~ decrease by p~oposa[? ~Yes Explain 15. I~ p~oiect or any portion of. project located in a 100 'fear flood plain? ~Yes ~No 16. Will the project generate solid waste? ~Yes QNo a. I[ yes. what is the amount per month 2 tons ~ b. If yes. will an existing solid waste facility be used? ~Yes ~N~ c. I~ yes, give name ~u~old M~ici~l ~ill~; lnca~]bn ~u~old d. Will any wastes poi go into a sewage disposal system or info a sanitary landlill? ~Yes e, If Yes, explain 17 18. 19. Will the project involve the disposal o[ solid waste? a. if yes, what is the anticipated rate al cliqmsal? b. If yes, what is the a,,licipated site llfe? Will project use herbicides or pesticide's? ~Yes OYes [~No tons/month. Will project routinely prdduce odors (more than on,: hour per day); OYes 20. Will project produce operatinl: noise exceeding Ille local alnbient noise levels? 21. ~Vill project result in an increase in ,merRy u~e? [~Yes OMo I( yes , indicate type(s) ~c,~ 22. I[ ~valer supply i~ [rom w,.IK, hMicatp pllnlpltll: cnp.t~ Ity 5 gMIons/mmute. 23. Total anticipated water usafie per day , 5~00 .galhm~/day. ' 2.1. Does project involve Local, State or frderal lundlng Il Yes. c'xplam I~No OYes I~INo Submittal D.'He · .,/1s Required: / ~own. V,Ilnj;e Oonrd I~Yes ~ ~, Village Plannin~ 13()ard ~Yes /C~y, Tm~ Zonin~ Board OYes ONo City. C~mty Health Oepnr~men( ~Yes Od~ ~caJ A~encies OYes Od~er ReRio~nl A~encies ~Yes ~No State Asencies [}Yes ~No Federal ARencies OYes Subdivision Subdivisionr water/sanitary C C. Zoning and Planning Information 1. [Does proposed action involve a planmng or zoning decision? ~','es I-INo · Ii' Yes. indicate decision required: E]zoning amendment [}zoning variance I'-IsDecial use permit (~subdivision I'-Isite plan E]new/revision of nlaster plan E]re~ource man,¥4,,ment plan ~]other 2. What is tile zoning classification(slot tile site? A-Residence 3. \Vhat is the maximum potential development ol the site ii developed as permitted by the present zoning? 19 sinqle family residences 4. What is the proposed zor,m~ of [he site? A-Residence 5. \Vhat is the maximtJf'n potenti;d development of the si~e i1' developed as permitted by the proposed zonin.~? 19 single family residences 6. IS tile proposed action consistent with the recommended uses in adopted local land use plans? ~]Yes 7. \Vha~ are tile prc'domlnanJ land use(s) and zonln~: crassdicalions widlin a % mile radi0's of proposed a'c~on? Single family residences, railroad, agricultural C~No 8 Is tile proposed action compatible with adi,)ining.~surrou,,ding ~and uses within a V, mile? ]~]Yes imNo 9. I~ the prol)osecl notion is the subdivision of land, how ma,,y lots are proposed? 19 a. What is the minimum lot size proposed? ADD~X. 40,000 s.f. 10. Will proposed action require any authorization(s) for the [ornlation of'~e~yer or ~vater districts? ~Yes 11. Wil) the proposed action create a demand for any community provided services'(recreation, education, police, fire protection)~ ~Yes ~No a. If yes, is existing capacity su~Hcien( to hnndh: projected demand? ~Yes ~No 12. Will the proposed action result in dm gcnerauon o( tr:dfic signJ~c,:ndv above present levels~ ~Yes a. I~ yes, i~ the (,xi~ting ~on<l nehvn~k ndcquatu to hnnd[e th,: nddilional traHic~ ~Yes ~o D. Informational Details Attach any additional informnHon ns may bc nee(h,d lo cl.~ri~y your project, l[ [here are or may be any adverse impacls associated witl~your proposal, ph,nse discuss such imp.l( Is and the measures which you propose to midgate or E. Verilicalion I certify Ihal lh,. inf~r.~n I.ovirh'd nh~,. i~ true' lo Ih~' h~sl ~1 my II Ihe nclinn ~C,~asl.II A~I y(,,, .,,c~.He agt'ncy, om,I)lcle Ihe Cn.lslal Assessment Form I)efore p,oceeding Ivilh Ihis ass~'ssmenl. December 29, 1994 Mr. Richard Ward, Chairman Southold Planning Board Town Hall; 53095Main Road P.O. Box 1179 Southold, NY 11971 Re: Review of EAF Elijah's Lane Estates - Section 2 SCTM No. 1000-105-4-7.1 SOUTHOLD TOWN PLANNING BOARD Dear Mr. Ward: As per the your request, we have completed a preliminary review of the above referenced project in accordance with your request. Tasks and completed activities are identified as follows: 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 H I,E/IF The Part II I ,I:,AF checklist has been completed and is also attached. Additional information concerning our findings is included below. Environmental and Planning Considerations The proposed action, Elijah's Lane Estates, consists of. three sections. Section 1 has been developed, and Section 2 (20.345 acres) and SecUon 3 (18.21 acres) are still under review. The subject application regards Section 2. The parcel has been inspected and environmental references concerning the site and area have been consulted. The. site is situated approximately 275 feet west of Elijah's I one in the hamlet of Mattltuck. The site does not have frontage on any existing public road. Th.e,proposed action involves the subdivision of the land into 19 lots for single-family re.sident~al use. All lots will conform with R40 Residential zoning requiring minimum lot sizes of 40,000 square feet. Proposed lots range in sLze from 4.0,011 square feet to 43,646 square feet. Access to the lots on SecUon 2 will beg,.mned from 4 proposed roadways; Racbeal's Road (420 linear feet), Tabor Road (500 linear feet), Gabriella Court (1,400 linear feet), and Teresa Lane (275 linear feet). The site was inspected and found to h.ave s.oils conducive to leaching, Haven Loam and Riverhead Sandy Loam. The subject site is generally flat o. ver its entirety. There are.no wetlands located on the subject property. The subject site was utilized for agricultural purposes in the past and is presently an overgrown field. The site is anticipated to support many species of avian wildlife and small mammals. The 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455 Page 1 Elijah's Lane Estates - Section 2 Long EAF Review subject site is in an agricultural district pursuant to Agricnlture and Markets Law, Article 25-AA, Sect~.ons 303 and 304. The subject site .ma.y be remo.v, ed from the agricultural district m October 1995, however, a financial penalty will be assessed if development occurs before removal from the district. The elevation of groundwater beneath the site is approximately 3 feet above mean sea.lev.el (msl) and the average topographic elevati6n on the site is 40 feet above msl, indicat.m.g a depth to groundwater ot approximately 37 feet. The subject site is located m a Water Budget Area as mapped by the Suffolk County Dep. artment of Health Services (SCDHS). Water Budget Areas rep.resent those locauons where there is sufficient groun.dwater to deyelop lar[~e public water supply wells. Outside the budget areas, there is only sufficient supply to allow the development of smaller home well systems. The subject site is also located in SCDHS Groundwater Manag.e. ment Zone IV, which covers the North Fork and portions of the South Fork. According to the North Fork Water Supply Plan (ERM-N. orthe, ast, C~.m.p Dresser & McKee, 1983), the subject si.t.e appears to be adjacent and partially vathm an area significantly impacted by aldicarb (concentrations over 7 ug/1). The Plan also finds th-at the sul~ject site is in an area that has been significantly impacted by nitrate contamination (concentrations over 8 rog/l). I ond use to the east and south of the subject site is established in single-f~ly residential use. Section 3 of Elijah's ! one Estates (presently undeveloped) lies immediately to the north of the subject site. Agricultural land use exists to the west of the site. The subject site is located in the R-80 Residential zoning district, however, Section 2 has been grandfathered to the R40 district. The proposed project is consistent with R40 zoning, existing land use to the east of the site, and Article 6 of the Suffolk County Sanitary Code. In light of elevated nitrate levels in the Upper Glacial aquifer in the area of the site, it is recommended that fertilizer dependent landscaped vegetation be limited on the proposed lots. To reduce nitrogen loading, the Long Island Regional Planning Board, as well as the Central P. ine B...a:rrens Joint Planning a~.d Policy Co.mmission, have adopted measures to limn fertihzer dependent ve. ge. tat~on to a maxunum of 15 percent of residential lots. It is recommended that a s~mflar measure be adopted for the proposed project. The agricultural history of the site is not known; however, with residential use proposed on the southern portion of the site, the Planning Board may wish to seek additional information from the applicant concerning site history and agricultural use. The proposed project will not create an undue burden on environmental .resources. The site does not contain any significant environmental resources or exhibit enwronmental resource sensitivity, however, an opportunity exi.sts to reduce nitrogen loading to groundwater. Demand for community services, including police, fire and educational services, are expected to increase slightly with the construction and occupation of the proposed residential dwellings. Based on conditions on the site and area, the proposed land use concept is adequate. CRAMER, V~ ~OCIATES ENVIRONMENT~~G CONSULTANTS EIIJnh's Lane Estates - Section 2 Long EAF Review If the Board is in agreemen, t with this review, the proposed action does not. appear to warrant the preparation of an envu'onmental unpact statement, the. refore a negative declaration would be appropriate. The Board should ensure.that site use aq.d design are addressed to their satisfaction through deliberation and hearings on the project. If you have a~.y questions or wish any further input with regard to ~ do not hesitate to eau. enc: Long EAF Part I · 1 matter, please W. Cramer, ASLA ENVIRONMENT~~G CONSULTANTS Pa~e 3 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD qeptember 20; 1994 B. Anthony Aliperti 113~ William. Floyd Parkway Box 149 Shirley, New York 11967 RE: Proposed Subdivision Elijah's Lane Estates SCTM~ 1000-108-4-7.1 Dear Mr. Aliperti: The Planning Board has received the $2,450.00 application fee for the Elijah's Lane Estates Subdivision. You must submit the application materials and a Long Environmental Assessment Form (LEAF) in order to complete the application. As noted in previous correspondence, you must submit a $400.00 review fee for review of the LEAF. Please include a letter with the application materials indicating how you intend to proceed with the subdivision. It is not clear whether you intend to proceed with one overall subdivision or wish to proceed with two separate sections. In addition, please note in your letter whether you intend to proceed with the layout shown on the maps submitted in February 1994. Upon receipt of the above mentioned information, the Planning Board will continue with the review of the subdivision. Please contact this office if you have any questions regarding the above. Sincerely, Melissa Spiro Planner enc. SUBMISSION WITHOUT COVER LETTER DATE: SENDER: SUBJECT: SCTM~: ¢o,~.~$: o~pI. fcc #z¥8-o .oo SOU f~0LD T0~¥N JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE $OUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 8, 199ti: RESOLVED that the Town Board of the Town of Southold hereby accepts the offer of dedication submitted by Buovodantona Aliperti, of a portion of Rachael's Road, Mattituck, all in accordance with the terms for offer of dedication as executed by Supervisor Thomas Wickham and Buovodantona Aliperti, dated March 3, 1994, as approved by the Town Attorney. Description of the portion of Rachael's Road is as follows: Beginning at a point on the southerly side of Rachael's Road, said point being distant 320.00 feet westerly from the end of a curve connecting the southerly side of Rachael's Road and the westerly side of Elijah's Lane; thence westerly along the southerly side of Rachael's Road South 51 degrees 21 minutes 10 seconds West 67.47 feet and along the arc of a curve bearing to the right having a radius of 175.00 feet and a length of 135.64 feet; thence northerly across Rachael's Road North 5 degrees 45 minutes 43 seconds East 50.00 feet to the northerly side of Rachael's Road; thence easterly along the northerly side of Rachael's Road along the arc of a curve bearing to the left having a radius of 150.00 feet and a length of 96.89 feet and North 51 degrees 21 minutes 10 seconds East 67.47 feet; thence southerly across Rachael's Road South 38 degrees 38 minutes 50 seconds East 50.00 feet to the point or place of beginning. Judith T. Te~ry~ Southold Town Clerk March 9, 199ti TERMS FOR OFFER OF DEDICATION OF PORTIONOF RAC~V.T,'S ROAD MARCH 3r 1994 Buovodantona Aliperti, owner of SCTM# 1000-108-4-7.1, will give the Town of Southold an Offer to Dedicate the fee title to that portioq of Rachel's Road described in the cross-hatched AA in the attached Exhibit A. Upon the Town's acceptance of the Offer to Dedicate, the Town of Southold, will improve that dedicated pbrtion of Rachel's Road (cross-hatched AA), to a level where it can be plowed clear of snow and used safely by emergency vehicles, by constructing the road base. Buovod~ntona Aliperti, or his successor in interest, will make final improvements to the cross-hatched AA road portion in a manner consistent with the roads for the subdivision beyond that point (as shown on Exhibit A as BB), at such time as the road improvements for the Elijah's Lane s~bdivision are installed. All improvements shall meet the minimum requirements established in the Highway Specifications. The cost of completion of this section of the road to the Town's standards will be included in the bond for the subdivision improvements for the initial section developed. 4. The Town of Southold will maintain that portion of Rachel's Road between Elijah's Lane and the cross-hatched AA area (as shown on Exhibit A as CC) at Town expense, leaving Mr. Aliper~ti with no liability for that ortion. I CO~ABOVE~ TERMS na~~viCs ~dantona (A1Aper ~i Su Thomas or Wickham State of New York) )ss.: County of Suffolk) On this ~C~ay of ~o~-- , 1994 before me personally came Buovodantona Aliperti 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, Stat= of NewYork ~/ Notary Public No. 4952246, Suffolk County%... ~ Term Expires June 12, 1 ~ LAN~ 1615.9J' 151.26' 20' DRAINAGE LOT 25 9,024 ._+ SF 0 ' BUI 151.25' EId EN T LDING 459. 76' LOT 26 120, 186 d: SF SETBACK 337. 19' / ! COUFIT 1255. 4 596.66f. J21.66' SETBACK LO0' BUlL lNG LOT 2B 40,694 ~ SF 15~00' J7~6~0" W 29Z6J' 9,3.57' LOT 2 N J6'32'50' W 162.95' N 38'30'50' W 197. 78' S 38'38'50" E 50. O0 · EXHIBIT A being die,an= 320.O0'~aet Westerly '~rcm tha end of a eU~;a ¢on~.~cting-~h~. Southerly sidu of ~hael's Road and =h~ ~egteriy side of E!lJah'~ ~an~. Thence westerly along =be ~outherly side Of Rachaal's Road South 51 d~grees ~ mt-u:m9 10 3econd~ W,9~% ~7.47 foe~ and ~o~g the ~c of m ou~ be~g to thm =igh= OFFER OF DEDiCATiON This Offer of Dedication dated ~ l~ , 1994, made by Buovodantona Aliperti, having his principal place of business located at 1138 William Floyd Parkway, Shirley, New York, owner of the property described in Exhibit A attached, hereby irrevocably offers to cede title to the Town of Southold of the land area designated in Exhibit A for street 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 described in Exhibit A. Buovodantona ~]~ipe r ti State of New York) County of Suffolk) On this ~Qday of ~-~- , 1994 before me personally came Buovodantona Aliperti 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. 'N~tary Public JOYCE M. Wll KINS Notary Public, State of New York No. 4952246, Suffolk Coun.ty Term Expires June 12, 19-~-- Z-ANE 1615.9J' 151.26' 2o' DRAINAGE EA LOT 25 ?, 024 _-= SF O' BUILDING 151.25' COtlRT.- 150. 00' 0 ' BUlL LOT 28 ~ 150. 00' J7'56'50" W 297.6J' lNG 9J. 57' 459. 76' LOT 26 120, 186 .:t SF SETBACK 337. 19' - 1253. 4 _ _ _ ~596. 66-- 321.66 ' SETBACK· LOT 27 125, 469 ~b SF N J6'J2'50" ~ 162.~o5' N J$'JO'50" W 197.78' ' S J8'38'50' E 50. O0 ' EXHIBIT A S.¢.T.H. ~o. 0100; 10~1! 4; 7.1 ~e~ng die,an= 320.~O'~et ~estorly ~rcm ~h~ end o~ southerly sid~ of,.~aohaol's Road and =h~ ~eg=eriy side of 10 ~cond~ W.~ 67.47 foe= and ~o~g the ~c of a cu~ across Rachael'~ ~ad ~or=h S dsgr=ea 45 ~inuces 43 s~oonda · h~ ~orth~r/y aide of ~achael'a Road; =hanc~ easterly along thm nor=hsrly sida ~f 150.00 f~o~ and a ~ung=h of 95.89 feet ~d North 5~ degree~ 2~ minutes 10 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 1994 B. Anthony Aliperti 1138 William Floyd Parkway Box 149 Shirley, New York 11967 RE: Proposed Subdivision Elijah's Lane Estates, Sections 2 and 3 SCTM# 1000-108-4-7.1 Dear Mr. Aliperti: At the February 28, 1994 and March 7, 1994 work sessions, the Planning Board discussed both your letter of February 17, 1994, and the revised maps you submitted on February 25, 1994. As you know, in a letter dated April 9, 1993, the Planning Board advised you that since the conditional final approval for both Section Two and Section Three had expired, if you wished to continue to subdivide the property, by either returning to your original proposed layout, or proceeding with a revised layout, the Board would require a new application fee equal to one-half the major subdivision application fee. The application fee is calculated as follows: $500.00 plus $50.00 per acre or part thereof. The total area shown on your proposed subdivision maps is 38.545 acres, therefore, an application fee of $2,450.00 is required. The Planning Board has been advised that you met with the Town Supervisor on March 4, 1994 and that during this meeting you formalized your offer to dedicated a-portion of Rachel's Road to the Town. In addition, the terms for this dedication were outlined in a document signed by both yourself and the Supervisor. The final maps must show the area described in Exhibit A that has been dedicated to the Town. Elijah's Lane Estates March 9, 1994 Page 2 The Planning Board will conduct a thorough review of the proposed maps received on February 25, 1994 (Section Two last dated 8/17/93, Section Three last dated 2/24/94), when the application fee is received and the application is complete. However, please note that the items listed below are required to be either shown on the map, or submitted prior to the Planning Board granting any final approval to either section of the proposed subdivision. Additional items, revisions, and/or covenants and restrictions may be required by the Board upon review of the complete application. Final maps (five (5) paper prints and two (2) mylars) all containing a valid stamp of Health Department approval. It must be stated on the final maps that the subdivision has been designed as a cluster subdivision, in accordance with Section 278 of Town Law. The Planning Board is allowing you to design the clustered subdivision with the open space attached to one building lot on the north side of the property. The Board is requiring an Open Space Easement on the lot. This Easement is to include the entire lot with the exception of the area shown on the subdivision map for the building envelope. The Open Space Easement must be identified on the map. The terms outlined in the attached Terms for Open Space Easement shall apply to the easement area. The terms for the Open Space Easement must be incorporated into a Declaration of Covenants and Restrictions in proper legal form. In addition to the covenants and restrictions required for the Open Space Easement as described in Number 2 above, the covenants and restrictions listed below are required in regard to the entire subdivision (including the lot containing the Open Space Easement). The covenants and restrictions must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk and the Liber and Page Number of the recorded document must be indicated on the final map. Please note that the Planning Board may require additional covenants and restrictions upon review of your complete application. a) There shall be no further subdivision of any lot within the subdivision in perpetuity. Elijah's Lane Estates March 9, 1994 Page 3 b) If the streets within the subdivision are designed with a width of twenty-four (24) feet, there shall be a condition included in the Declaration of Covenants and Restrictions that there shall be no on street parking in the subdivision. If the streets are designed as originally proposed, in accordance with the twenty-eight (28) foot specification, this condition will not be required. c) The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, open space easements, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. d) Declarant ~grants the continuing right in perpetuity to the Town of Southold or any or its designated ~ representatives to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. e) 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. Upon receipt of your complete application, the Planning Board will conduct a review in accordance with the State Environmental Quality Review Act. You must submit a Long Environmental Assessment Form (LEAF) with your application. The Planning Board will be sending the LEAF to their Environmental consultant for review. There is a $400.00 fee for this review. This sum must be paid in full before the Planning Board can authorize the consultant to proceed with the review. The Planning Board has requested that a fifty (50) foot easement running parallel to the railroad be offered to the Town. A formal irrevocable offer of dedication must be made to the Town for this area. Elijah's Lane Estates March 9, 1994 Page 4 A Homeowners Association must be incorporated for the road areas. A draft of the proposed Homeowners Association must be submitted for review by the Planning Board and the Town Attorney. Once approved, the Homeowners Association must be recorded prior to any endorsement of the subdivision. A performance guarantee for the outstanding subdivision improvements must be submitted to, and accepted by the Town. The amount of the performance guarantee will be determined by the Engineering Inspector after a review of the site and the final road and drainage plans. He will be authorized to conduct his review upon receipt of a complete application. The Planning Board will be requiring the installation of firewells in this subdivision. The firewell locations were determined during review of your expired application. However, since a considerable amount of time has passed since the locations were determined, when the Board receives your complete application, the maps will be forwarded to the Fire District for verification of the locations. The firewell locations must be shown on the final maps. As noted above, additional items and/or revisions to the map may by required by the Planning Board upon review of the complete application. Please contact me if you have any questions regarding the above. Richard G. Ward Chairman enc. OFFER OF DEDICATION This Offer of Dedication dated ~ l~ , 1994, made by Buovodantona Aliperti, having hi~ principal place of business located at 1138 William Floyd Parkway, Shirley, New York, owner of the proper~ described in Exhibit A attached, hereby irrevocably offers to cede title to the Town of Southold of the land area designated in Exh~it A for street purposes. This Offer of Dedication is intended for present or future acceptance and is irrevocable. Se undersigned represents that he is the sole owner of the property descried in Exh~it A. Buovodantona~Iiperti State of New York) )SS.: County of Suffolk) On this ~C~ay of~-~ , 1994 before me personally came Buovodantona Aliperti 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. y Public JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Suffolk Coun.ty Term F-xpires June 12, 19..~- EXHIBIT A 10 ~econdm WggU 67.47 fee~ and ~o~g the ~c of of Racha.l's Roa~ along t~s aru of a curvo bm~ring =o tbs ~= ~V~ a rmdiua LANE 161393' 151.26' 20° DRAINAGE EA LOT 25 ~024 ~ SF 0 ' BU 151.25' C-MENT DING 459. 76' LOT 26 120, 186 .:t: SF SETBACK 3J~19' OOURT 1255.47' -596. 66' 150. 00' 0 ' BUlL 321.66' SETBACK. LOT 28 ~. 40,694 + SF ~ 150. 00' 37'56'50" W 297. 63' LOT 27 125, 469 ..~ SF 9J. 57' N 36'32'50" 162. 95 ' N J,~'JO'50" W 197.78' -- S 38'38'50" £ 50. O0 ' TERMS FOR OFFER OF DEDICATION OF POTION OF RACHEL'S ROAD MARCH 3~ 1994 Buovodantona Aliperti, owner of SCTM# 1000-108-4-7.1, will give the Town of Southold an Offer to Dedicate the fee title to that portion of Rachel's Road described in the cross-hatched AA in the attached Exhibit A. w Upon the Town's acceptance of the Offer to Dedicate, the Town of Southold, will improve that dedicated pbrtion of Rachel's Road (cross-hatched AA), to a level where it can be plpwed clear of snow and used safely by emergency vehicles, by constructing the road base. e Buovodantona Aliperti, or his successor in interest, will make final improvements to the cross-hatched AA road portion in a manner consistent with the roads for the subdivision beyond that point (as shown on Exhibit A as BB), at such time as the road improvements for the Elijah's Lane subdivision are installed. Ail improvements shall meet the minimum requirements established in the Highway Specifications. The cost of completion of this section of the road to the Town's standards will be included in the bond for the subdivision improvements for the initial section developed. e The Town of Southold will maintain that portion of Rachel's Road between Elijah's Lane and the cross-hatched AA area (as shown on Exhibit A as CC) at Town expense, leaving Mr. Aliperti with no liability for I CONS ~E~.T ~~ TERMS B~ov6dantona Aliperti that~ortion~~,~. Supervisor Thomas Wickham State of New York) )ss.: County of Suffolk) On this q~ay of ~-- , 1994 before me personally came Buovodantona Aliperti 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, State of New York No. 4952246, Suffolk County // N~tary Public Term Expires June 12, 19--.~' t--ANE i 1615.9,Y 151.26' 20' DRAINAGE LOT 25 ~,024 _+ SF 151.25' BUI LOT 28 40,694 ~ SF 459.76' 150.00' J7~6~0" W 29Z6J' LDING LOT 26 12~186 ~ SF SETBACK JJ7. 19' 125J., 596. 66' 321.66' BUlL lNG SETBACK.. LOT 2 125 9J. 57' N 56'32'50" 162.95' N 58'50'50" W 197.78' -- S JS'JS'50' E 50.00' SUBMISSION WITHOUT COVER LETTER SCTM#: COMMENTS: io8- ~- ?/,, 7. / r~...w' S '--~( · .C . S _,. ' $OUTHOLD TOWN · ?L~NNING BOARD February 17, 1994 VEL HOMES TEL:SIB-a81-8005 P. 01 Elijah Lane Associates PO BOX 149 Shirley, NY 11967 51¢-281-264~ lown of Southold Planning Board PO BOX 117~ Southold, NY 11971 Dear Nr. Chairmen: As per the meeting of February lath, it was requested that I provide e .2ne l0 acre lot plus a bulldlng envelope In order to receive approval. When I met with the engineers, it was recommended that the o~iginal layout of the subdivisior~ be used. The original subdivision layout consisted of Section 2 having 19 4o,UUUsF lots and Section 3 having 7-40,O00sf lots and one I0 acre lot plus a building envelope. Ihi~ will provide all the requirments to re;eive appDmval. ir I am to return to the orlglnal layout of the subdivision, it ls only fair that I should be exempL fi'em paying another application fee. Please be aware that I do not wish Lo form a Home Owners Association. nlease inform me lr the original layout is acceptable and please provide an answer:~as suuu ~ possible. Thank you for your time and assistance. PLANNING BOARD PLANNING BOARD MEMBERS Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516} 765 - 1823 February 9, 1994 B. Anthony Aliperti 1138 William Floyd Parkway Box 149 Shirley, New York 11967 RE: Proposed Subdivision Elijah's Lane Estates Sections 2 and 3 SCTM9 1000-108-4-7.1 Dear Mr. Aliperti: The Planning Board has received the 10 maps for Elijah's Lane Estates Section 2 and the 10 maps for Elijah's Lane Estates Section 3 which were submitted on February 2, 1994. In a letter dated April 9, 1993, the Planning Board outlined the procedure to be followed if you wished to proceed with a redesigned subdivision. The February 2nd submission does not meet all of the requirements outlined in the April 9th letter. The Planning Board will not be proceeding with review of the subdivision until all items outlined in the letter have been complied with. Please contact this office if you have any questions regarding the above. Sincerely, Planner enc. MBE~S Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Aprki 9; 1993 B Anthony Aliperti 1138 William Floyd Parkway Box 149 Shirley, New York 11967 RE: Proposed Subdivision Elijah's Lane Estates Sections 2 and 3 SCTM~ 1000-108-4 7.1 Dear Mr. Aliperti: The Planning Board has reviewed your request to redesign Sections 2 and 3 of Elijah's Lane Estates. ~ As you know, the conditional final approval granted by the Planning Board expired for both sections. In addition, the approval granted by the Health Department for these sections also has expired. If you wish to proceed with a redesigned subdivision,~you must follow the procedure listed below. ~ Revised maps must be submitted. These maps must be designed as follows: The entire layout for the two sections must be shown on one map. Rachael's Road must be continued from Elijah's Lane as indicated on the original plan for Section 2. The proposal shall not include more than twenty-seven (27) lots. (This yield was determined during review of the original proposal.) e design shall be located on the north side of the property. It must be designed to extend at least 500 feet south from the LIRR right-of-way. If this block of open space is larger than ten (10) acres in area, it may be attached to a lot. However, the building envelope must remain outside the 10 acre area. If the block of'open space is smaller than ten (10) acres in area, it must be owned by a Homeowners Association. In either case, an easement allowing this open space to be used for future water supply must be offered. ~ The remaining open space can be incorporated into the lot(s) located on the south side of the property to provide a buffer from the adjacent development. e. ~'A fifty (50) foot easement running parallel to the railroad (an extension of Rebekas Road)~ should also be indicated on the map. This : easement should make the land available for future dedication to the Town. ; As per the Planning Board's policy for subdivisions which expire after conditional final approval has been granted, a new application fee equal to one-half the major subdivision application fee will be requiz~d. The fee may be calculated as follows: $500. plus $50. Der acre or part thereof. The application fee must be submitted with the revised maps described above. The revised maps must be reviewed and accepted by the Planning Board. The final hearing will not be scheduled until final maps with a stamp of Health Department approval are received. jah's Lane Estates Upon submission of the information listed above, the Planning Board will proceed with their review of this proposed subdivision. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman SUBMISSION WITHOUT COVER LETTER DATE: SENDER: SUBJECT: CO~ENTS ·. , :- ................ i '.:;..i: ........................... ms ...... J~N i9 '94 lZ:~4 ($16)475-036! B3RTOH, h~ND [T ~- P.2 BURTON BBHFIBNCIT INIlTH O'CALLAI~HAN, P.IC. ENCBINIIEIliFIB ~UI:IVBYOi:IB F:'ATCt-IO~UIE, t'4EW YORK fl 1 7'72 (516) 475-0~48 FAA (,..fl't 8) 475.0~ 1 C, HARLE~ G. BURTON. ROGER I~. E, MITbl. January 19, 1994 lie t vee~erl~ along ~be southerly side of ~chael's Road south SI ~greed :~1 minutes having a radium of 175,00 feet and ~ length of 135.64 feet; aOrQSS ~chael'S ~ad North S dogface 45 minutes 43 ~eoondS o~ Rachael'e ~oad along the itc of a curve be&ring =o the le~ ~An,g a radius ~ BOARD MEMBERS ~~ O. Ward. Chain~.~n ~~ Orlows~. Jr. ;~.~m L ~wards ~~. {5161 765'1938 y ~8, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Super~sor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 B. Anthony Aliperti !1138 William Floyd Parkway Box 149 Shirley, New York 11967 :*~--~ RE: Proposed Subdivision ~.:~ ~ Elijah's Lane Estates, :, SCTM~ 1000-108-4-7 1 Sections 2 and 3 Dear Mr. Aliperti: Enclosed please find a copy of a map indicating the applicable portion of the fifty (50) foot right-of-way to be deeded to the Town for the above mentioned subdivision. In addition, on December 30, 1993, Carmine Aliperti submitted 10 paper prints for the proposed subdivision of Elijah's Lane Section 3. Please note that the Planning Board will not be commenting on Section 3 until the entire proposal is submitted. If you have any questions regarding the above, please contact me at this office. Sincerely, hexxssa ~pir Planner enc. cc: Irwin Popkin iii NO ~&FER TEST WELL KEN' MAP 5'CALL: 1"= 600' EL/JAH '$ ROAD 'SI£CTION ONE SECTION TWO GABRIEL!.A COURT EELIJAH'S MAP OF LANE ES-FATES, LOCATES, AT M A'T"F I T U C K SEE C T ,. TOWNI OF SoUTHLLD SUFFOLK COUNTY, NEW YORK DATE: ivARCFi, 199B SCALE 1" = 100.00' AREA = 79a,030:~ SOUARE FEET / 15~.1± ACRES 5 SURVEYED & SUBDIVIDED BY: BURTON, BEHRENDT & SMITH, 244 LAS~ MAIN STREET PATCHO(;UE, NEW YORK 11772 OWNER' BIJOVODANTONA ALPIERTI ]138 WILLIAM FLOYD FARKWA'f 'SIdlRLEY, NEW YORK "967 E L ~ J A bi ' S L A N E MAP OF ELI JA H' S LANE ESTATES SECTION 1 L = 39 2T S37'40 ~C 'E 195 9g' 1915 99 154 00' TW 40,278~ o L_ 8 ~ R 15062' N ,/ F A G N E S G R A B 0 W S I( I MAP CF ELIJAH'S LANE ESTATES SECT/ON 2 GAORIELL,A (50' WOE) COURT MAP OF ELIJAH"S LANE ESTATES SECTION 2 SEPTIC TANK DETAIL GRADE t GRADE SANITARY LEACHING POOL T,YPICAL WELL INSTALLATION CURE ROAD OR STREET T'(PICAL LOT LA~OUT BUF:FOLK COUNTY DEPARTMENT OF HEALTH SERVICE8 PR_iJLt,qgl_ ............ ~ o,sPos~ ~o* ¢,1 ~Z~ZJ_~2Ie P.~sl, ~?.,C_,~ .... I HEREBY CERTIFY THAT THiS COMPLETED MARCH 21, 1987 · HEREON ACTL;ALL¥ EXIST Ab,ID AND ALL DIMENSIONS AND GEODETIC MAP WAS MADE BY LS FROM AC;TLJAL SURVEYS CONCRETE MONUMENTS SHOWN T~ AND THAT ALL :'" THEIR POSITIONS ARE OORRECTLY SHO~~~ JAME B. BEHaENDT L.S THE LAND SH']:WN ON THIS MAP ,AS ROAD, STREETS OR BiGBWAYS OR FOR THE WIDENING TRE~E OF ,AND ALSO EASEivlENT$, RECHARGE BASINS, PARK AREAS AND ALL OTHER L,qND INDICATED AS DEDICATED FOR OTHER PUDRIC USE ARE HEREBY IRRE¥OCABLY OFFERED FOR DEDICATION TO THE TOWN 0c SOUTHOLD. THE I'OWN OK SOUTBOLD IS IN NO WAY RESPONSIBLE FOR THE Iv'A[NTENANCE OF SUDH ROADS, STREEIS OR HIGHWAYS OFf OTHER PUBLIC: AREAS UN-iL THE SAME HAVE BEEN ACCEPTED BY THE TOWN OWNER THE WATER SiJPPLY ,AND SANITARY SEWAGE DISPOSAL FA.,IJTIE~ SHALL BE CONSTRUCTED IN AECORDANCE WITH CURRENT STAhlD, ARDS OF THE SUFFOL ~ COUNTv DEPARTMENT OF HEALTH SERVICES AND IN CONFORMANDE VVlTH ~,~ ~/ PLANS ALREADY APPROVED. ~., BY:_~ 5514 ALL IMPROVEi,4ENTS TO BE MADE IN AL, LORDAN.,E WITH THE TOWel OF SOUTI-~ PLANNING BO'ARD AND HIGHWAY DEPARTMENT REQUIREMENTS. .>hEEl ~08 IN THIS SUBDIVISION WILL APPEAR 11',4 DISTRICT I000 ON SECTION ~' - ? BLOCK 04, P/O LOT 7.1 OF THE SUFFOLK COIJNI'Y TAX MAPS. THiS PROPER'T'( IS SERVED BY: MATTFFUCK POST OFFICE 11952 MATTITUCK-CUTCHOGUE SCHOOL DISTRICT MATTITUCK FIRE DISTRIC1- LONG ISLAND LIGHTING COMPANY #9 NOTES: 1. 'DEEP WELLS REQUIRED TO MEET NYS DRINKING WATER STANDARDS,' 2'. THIS SUBDIVISION HAS BEEN DESIGNED AS A CLUSTER SUBDIVISION IN ACCORDANCE WITH SECTION 278 OF TOWN LAW AND ARTICLE XVIIL OF CODE OF SOUTHOLD. THE AS A CONDITION FOR THE APPROVAL OF THE DEPARTMENT, OF SLJCH APPLICATION, THE DECLARANT AGREES THAT THERE SHALL BE NO CONSTRUCT, ON ON LO'TS 5 AND 6. THAT SAID LOTS SHALL REMAIN OPEN SPACE UNTIL SUCH TIME AS iNDIVIDUAL ON-SI'fL WELLS COMPLY WITH THE PRIVATE WATER SYSTEM STANDARDS (DF THE DEPARTMENT OR THE SUBJECT LOT iS CONNECTED TO AN APPROVED PUBLIC, WATER SUPPLY APPROVED BY THE 'TOWN OF SOUTHOLD DATE .... SECRETARY BBSO No 87-559 991 13098#ABS. No, 996 NO WAT[R TESi WELL KEY MAP SCALE: 1''= 600' £LIJAH'S SECTION LANE ONE SEC-? ON TWO GABRIELLA 1 I COURT F/LED O0T 8 I~ EDWARD p. RO~I~E CLERK OF SUFFOLK OOUN~y 0 r ELIJAH S LANE MAP OF ELI JAH' S LANE ESTATES SECTION 1 40,827± S,F. ~0,26~± S,F 40,278± S f 15399' L=156.56' S37'40'40"E 195,99' R=lg0749' S57'40'40"E 195 99' R=1957,49' 100,37' 95,62' = 25.op' = 21,05' R = 25.00'- R=1957.49' 5o' SETBACK LINE MAP OF ELIJAH'S LANE ESTATES SECTION GABRIELLA (5o' WIDE) COURT MAP OF ELIJAH'S LANE ESTATFS S,c_t,~lON 2 124.25' 423,50' N/F N34'42'BO"W AGNES GRABIO WSKI 150,52' 150,02' 462,97' CO%l[R IF DROP T lB USED ON INLET TO GRADE GRADE SEPTIC TANK DETAIL (1000 DALLON) GRADE CONC, COVER. CHIMNEY SANITARY LEACHING POOL GRADE GROU~-D~--~Z~ F ~ TYPICAL WELL IN.%TALLATION PROPOSED WELL FROM CESSPOOL J ~ .I I ST J BP i 50' CURB ROAD OR STREET TYPICAL LOT LAYOUT RESIDENCE D/STRICT) SUBJECT TO COVENANFS AND RESTRICtiONS UBER ~ ~ / - pAGES SUFFOLK COUNTY DEPAF~'MENT OF HEALTH SERVICES RAMPPAU.E. NEW YO . THIS IS TO C~FY ~AT ~E ROPOSED A NGE ENTS f WA SUPP ELIJAH 'S TOWN MAP OF LANE ESTATES, SECT. 3 LOCATED AT MATTITUCK OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE: MARCH, 1996 50D SCALE: 1" = 100.00' AREA = 793,030~ SQUARE FEET / 18.21± ACRES SURVEYED & SUBDIVIDED BY: BURTON, BEHRENDT & SMITH, 244 EAST MAIN STREET PATCHOGUE, NEW YORK 11772 Poe, OWNER: BUOVODANTONA ALPIERTI 1158 WILLIAM FLOYD PARKWAY SHIRLEY, NEW YORK 11967 I HEREBY CERTIFY THAT THIS MAP COMPLETED MARCH 21. 1987 AND · HEREON ACTUALLY EXIST AND AND ALL DIMENSIONS AND GEODETIC WAS MADE BY US FROM ACTUAL SIJRVEYS THAT ALL CONCRETE MONUMENTS SHOWN THDS THEIR POSITIONS ARE CORRECTLY SH OWN , DETAILS ARE CORRECT. /,'.' E'~,9;,'-,'+\ ~ARLES O. BURTON 1. JAMES B. BEHREND7 L~'S, 493Z8,' THE LAND SHOWN ON THIS MAP AS ROAD, STREETS OR HIGHWAYS OR FOR THE WIDENING THERE OF AND ALSO EASEMENTS, RECHARGE BAS,NS, PARK .AREAS AND ALL OTHER LAND INDICATED AS DEDICATED FOR OTHER PUBLIC UBS ARE HEREBY IRREVOCABLY OFFERED FOR DEDICATION TO THE TOWN OF SOUTHOLD. THE TOWN OF SOUTHOLD IS IN NO WAY RESPONSIBLE FOR THE MAINTENANCE OF SUCH ROADS, STREETS OR HIGHWAYS OR OTHER PUBLIC AREAS UNTIL THE SAME HAVE BEEN ACCEPTED BY THE TOWN. THE WATER SUPPLY AND SANITARY SEWAGE DISPOSAL FACILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH CURRENT STANDARDS OF THE SUFFO~J~ COUNTY DEPARTMENT OF HEALTH SERVICES AND IN CONFORMANCE WITH ~UCH PLANS ALREADY APPROVED. BY: ALL IMFROVEMENTS TO BE MADE IN ACCORDANCE WITH THE TOWN OF SOU' PLANNING BOARD AND HIGHWAY DEPARTMENT REQUIREMENTS. THIS SUBDIVISION WILL APPEAR IN DISTRICT 1000 ON SECTION SHEET 108 IN BLOCK 04, P/O LOT 7.1 OF THE SUFFOLK COUNTY TAX MAPS. THIS PROPERTY IS SERVED BY: MATTITUCK POST OFFICE 11952 MATTITUCK-CUTCHOGUE SCHOOL DISTRICT MATTITUCK FIRE DISTRICT LONG ISLAND LIGHTING COMPANY #9 NOTES: 1. 'DEEP WELLS REQUIRED TO MEET NYS DRINKING WATER STANDARDS.' 2. THIS SUBDIVISION HAS BEEN DESIGNED AS A CLUSTER SUBDIVISION IN ACCORDANCE WITH SECTION 278 OF TOWN LAW AND ARTICLE XVIII OF' CODE OF SOUTHOLD. THE AS A CONDITION FOR THE APPROVAL OF THE DEPARTMENT, OF SUCH APPLICATION, THE DECLARANT AGREES THAT THERE SHALL BE NO CONSTRUCTION ON LOTS 5 AND 6. THAT SAID LOTS SHALL REMAIN OPEN SPACE UNTIL SUCH TIME AS INDIVIDUAL ON-SITE WELLS COMPLY WITH THE PRIVATE WATER SYSTEM STANDARDS OF THE DEPARTMENT OR THE SUBJECT LOT IS CONNECTED TO AN APPROVED PUBLIC WATER SUPPLY. APPROVED BY THE TOWN OF SCUTHOLD PLANNING BOARD DATE SE lqCl& ,'" (1 SECRETARY BBSO No 87-359