The URL can be used to link to this page

Home My WebLink About1000-121.-4-10 TOWS C~,~.K TOWN OF SOUTHOLD ~ Co.n,y, ne,,Yoa, S~6-76Sa~O~ _ N9 ,11895' A ,~ Soathold, N. L 1197~ /~t 19~ rJudlth T. Te~, Town Clerk M~INOR SUBDIVISION 10. ~11. 12. 1. 6 copies Sketch plan received spot elevations sent to Planning Board 2. Meet With Planning Board 3. Required change~ sent in writing 4. New submission received 5. Approval of sketch plan 6. Sent letter with resolution appfovinq 7. ApPlication and fee If corporation, affidavit of Ownership 6 copies o~ final map Covenants and restrictions Description of property Note on plat that sanitation ans Water facilities meet County Board of Health Specifications Developer attend meeting (official submission) ~- - Public Hearing {within 45 days) --------- Advertised ~ -- ---------Affidavits of publication regeived Action by Planning Board (within 45 days) ~ ~ Sent to County Planning Commission ~--- Received County,s recommendations ---------- Filed COVenants and restrictions received --------- Authorization and signing of map -- -_i 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 S0uth01d, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 3. 1995 Thomas T. McVann. Jr. Post Office Box 827 Westhampton Beach. N.Y. 11978 RE: Proposed Minor Subdivision for Douglas Miller SCTM# 1000-121-4-10 Dear Mr. McVann: I have reviewed your letter of February 10, 1995, with the Planning Board and the Town Attorney. I am not'able to change the notation on the map from "sketch plan" to "final plan" since I am not able to verify that the information contained on the map is in the final form. In addition. I do not have the authority to change a map that is signed and sealed by a licensed land surveyor. Upon submission of revised maps containing a stamp of approval from the Suffolk County Department of Health Services, the Planning Board will schedule the final hearing for the proposed subdivision. Five (5) paper prints and two (2) mylars of the final map, all containing a stamp of approval from the Health Services, will be required prior to any endorsement of the subdivision. , I apologize for the delay in responding to your letter. Sincerely. /2 · a Spi~or~~ Planner Thomas T. McVann, Jr. Attorney at Law February 10, 1995 Poat Offi¢o Box 827 Wosthomoton Booch, Now York q t978 (5t6) 288-6500 Fax Number (516) 288-6546 Town of Southold Planning Board Office Melissa Spiro, Planner PO Box 1179 Southold, New York 11971 Re: Proposed Minor Subdivision for Douglas Miller SCTM # 1000-121-4-10 Dear Ms. Spiro: With reference to your letter of December 14, 1994 regarding the encaptioned minor subdivision, I make the following comments with regard to your suggested revisions: 1. You may note the map "final plan" if you wish. 2. Please fill the requirements of the Court's decision and approve the map as submitted. I am not presently concerned with the building envelopes. I would ask you as a matter of courtesy, if you can add the words "final plans" to the maps. In the event for some reason you do not want to add the words "final plan", I will come over to Southold and mark them myself. With every kind regard, I am ~y your~ ,~. \ l THOMAS T. McVANN, JR. ~ TTM: sn PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards December 14, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Thomas T. McVann, Jr.' Post Office Box 827 Westhampton Beach, N.Y. 11978 RE: Proposed Minor Subdivision for Douglas Miller SCTM# 1000-121-4-10 Dear Mr. McVann: I have received the subdivision map which has been approved by the Suffolk County Department of Health Services and the Department of Environmental Conservation permit for the above mentioned proposed subdivision. As noted in my letter of May 19, 1994, there are two revisions which must be made to the subdivision map before the final hearing will be scheduled: The maps are entitled Sketch Plan for Douglas Miller. The maps have been submitted as final plans and this should be so noted. The Sketch Plan shows a footprint for a typical dwelling for each lot. However, if the subdivision map is approved as is, and an application for a building permit is made that does not reflect the footprint shown on the approved subdivision map, either the applicant or your client will have to file an amendment to the subdivision map. In order to avoid this unnecessary paperwork, we recommend that building envelopes, rather than typical footprints, be shown for each lot. The building envelopes must meet all requirements of the Zoning Code. Upon submission of revised maps containing a stamp of approval from the Suffolk County Department of Health Services, the Planning Board will schedule the final hearing for the proposed subdivision. Five (5) paper prints and two (2) mylars of the final map will be required prior to any endorsement of the subdivision. Please contact me if you have any questions regarding the above. Sincerely, Melissa Spiro Planner cc: Laury Dowd, Town Attorney Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 Thomas T. McVann, Jr. Attorney at Law December 2, 1994 Po~Office Box 827 We~hampton Beach, New York 11978 (516) 288-6500 Fax Number (516) 288-6546 Town of Southold Planning Board Office Town Hall - 53095 Main Road PO Box 1179 Southold, New York 11971 Attentions Melissa Spiro Re: Proposed Minor Subdivision for Douglas Miller SCTM# 1000-121-4-10 Dear Ms. Spiro: Please find enclosed the original proposed subdivision map which has been approved by the Suffolk County Department of Health and a copy of the Department of Environmental Conservation permit for same. Please have this matter placed on the calendar for the final hearing and notify this office as to the date of same. With every kind regard, I am THOMAS T. McVANN,JR: TTM;bJm Encl. iuuj DEC 519 .,, New York State Depa~mentofEnvironmentalConservation Bullding40--SUN~ Stony Brook, New York11790-2356 Telephone: (516) 444-0365 Facsimile: (516) 444-0373 Langdon Marsh Commissioner October 12, 1994 Douglas Miller 40 Old Main Road Quogkte, NYl 11960 RE: 1-47 8-01005/00001-0 (Formerly 10-85-1368) Dear Mr. Miller: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations' (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Susan Ackerman Environmental Analyst I SA:nw enclosure NEU yO~ATE (For~er Ly 10-85-1368) FACILITY/pROGRAM NUHSER(S) DEPARTMENT OF ENVIRONMENTAL CONSERVAT PERMIT Ueder the EnvtrmmontaL Conservation Leu EFFECTIVE DATE October 12, 1994 EXPIRATION DATE(S) October 31, 1997 I TYPE OF PERMIT O New ! ReneuaL D Hodiftcation g Permit to Construct Article 15, Title 5: Protection D 6NYCRR 608: Uater Ouailty of Waters Certification Article 15, Title 15: Water O Article 17, Titles ?, 8: SPDEE Supply D Article 19: ALt Pollution Article 15, Title 15: Water Control Transport D Article 23, Title 27: Mined Land Article 15. Title 15: Long Reclamation Island UeiLa I Article 24: Freshwater Uetiands Article 15, Title 27: ~tLd, Scenic end Recreetiot~a~ Rivers g Article 25: Tidal Wetlands n Permit to Operate Other: aERMIT ISSUED TO DougLas MiLLer ADDRESS OF PERMITTEE 40 old Main Rd., Ouogu% NY 11960 CONTACT PERSON FOR PERMITTED UORK George Gutdi 11Grifflng Ave., Westhaa~oton Beach, NY 11978 NAME AND AOORESS OF PROJECT/FACILITY Miller Property - Kirkup Lane, right of way off Sound Ave., Mattltuck LOCATION OF PROJECT/FACiLITY SCTN # 1000-121-04-10 Article 27, TitLe 7; 6N¥CRR 360: SoLtd Waste Management Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management Article 36: FLoodplain Management Articles 1, 3, 17, 19, 27, 37; 6BYERR 380: Radiation Control ITELEPHONE NUMBER TELEPHONE NUMBER (516) 288-37~7 COUNTY Suffolk TO~N Southoid WATERCOURSE Laurel Lake NYTM COORDINATES Construct one single family cl~eillng on Lot 1 a minimum of 90~ from the freshwater wetland boundary, one single family dwelling on Lot 2 a minimum of 80; from the freshwater wet[and boundary and one single family d~eLLJng on Lot $ a minimum of 105~ from the freshwater wetland boundary. ALL sanitary systems must bo constructed a minimom of 100' Landward of the freshwater wetland boundary. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict coe~pLiance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special conditions fnc[uded as part of this poreit. DEPUTY REGIONAL PERMIT ADMINISTRA' ADDRESS TOR: George W. Hammarth BLdg. 40, SUNY, Room 219, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE I DATE cc: M. Spiro - Southotd To~n PLanning Page 1 of 5 Inspect ions 1. The permitted site or facility, including relevant records, is subject to in- inspection at reasonable hours and intervals by an authorized representative of the Depari~runt of Enviro~J[untal Conservation (the DeparbJunt) to determine v~ether the permittee is cu~plyingwith this permit and the ECL. Such represen- tative rmy order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of this permit, including all referenced naps, dra~vings and special conditions, m~st be ava, lable for inspection by the Depari~unt at all tirms at the project site. Fa, lure to produce a copy of the permit upon request by a Deparb~unt representative is a violation of this permit. Permit Changes and Rena~ls 2. The Depar~ent reserves the right tort od,fy, suspend or revoke this permit v~en: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regula- tions is found; b) theI permit was obtained by misrepresentation or failure to disclose re'levant facts; c) ne~vnaterial inforrration is discovered; or d) enviroH~untal conditions, relevant technology, or applicable law or regulation have rmterially changed since the permitwes issued. The permitteerrust submit a separate written application to the Depar~¥ent for renewal, rrodification or transfer of this permit. Such applicationrcust include any for,~, fees or supplm-ental infom'ation the Deparl~ent requires. Any renewal, rrodification or transfer granted by the Deparb~untmust be in writing. The permitteemJst submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination Syste'n (SPEES), Hazardous V~ste IV~nagurent Facilities (I-t~F), najor Air Pollution Control (APC) and Solid V~ste Manage"rant Facilities (EvWF); and b) 30days before expiration of all other permit types. Unless expressly provided for by the Depar~Jent, issuance of this permit does not rrodify, supersede or rescind any order or determination previously issued by the Deparb~ent or any of the tern's, conditions or requireYents contained in such order or determination. Other 6. Legal Cbligations of Pem3ittee The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all daYages, direct or indirect, of whatever nature and by whu~uver suffered, arising out of the project described in this permit and has agreed to indeTnify and save harmless the State fre'n suits, actions, da~'ages and costs of every naYe and description resulting frcm this project. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the irrpairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, ease-rants and rights-of-v~y that nay be required for this project. Page 2 of 5 95-2()-ba [7f921-- 25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title St, 24, 2S, 34 9 That if future operations by. the State of New York require an al- teration in the position of the structure or work herein auth6rized, o~ if, in the opinion of the Department of Environmental Conservation 13. it shall cause unreasonable obstruction ~o the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural - resources of the State, the owner may be ordered by the Department to' remove or aJter the structural work. obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revo~:ation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be com- 15. p~eted, the owners, shall, witbout expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shal] be made against the State of New York on account of any such removal or alteration 10 That the State of New York shall ih no case be liable for any damage 16 the structure ct v~ork herein authorized which may be caused or in jill3/ to by or result from future' operations~ undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage 11 (;ranting of this permit does not relieve the applicant of the responsi- 17. billty oi obtaining any other permission, consent or approval from theU.S Aem¥ Corps of Engineers, US Coast Cuard, New York State Office of General Services or Iocargovernment which may be required 12. All necessary precautions shall be taken ~o iiredude contaminalion of any weHand or waterway by suspended solids, sediments, fuels. solvents, k~bricants, epoxy coatings, paints, concrete, leachate or any Freshwater Wetlands and 6 NYCRR Purl 608 ( I othec environmentally deleterious materials associated with the protect Any material dredged in the prosecution of the wo'rk herein permitted shaft be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waten~ay. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all cji any portion of the uncompleted structure or fdl and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6 NYCRR Part 608. the NYS Department of £nviron- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Waler Act of 1977 (PL 95-217) provided thai all of the conditions listed herein are met. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by ~owcqrd Wo ¥01jnc~ last revision on 9/22/86 SPECIAL CONDITIONS There shall be no disturbance to vegetation or topography a minimum of 50' landward of the freshwater wetland boundary. line on all lots. ; Prior to any construction or site disturbance, a row of staked straw bales must be placed at the landward edge of the required buffer area. This barrier to erosion must be maintained until all construction is complete and all disturbed soils have been stabilized with vegetation. Ail areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass, and mulched with straw immediately upon completion of the project, within ~wo (2) days of final grading, or by the expiration of the permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 1-4738-01005/00001-0 r~'~a-~ 3 of 5 95-20~of [7187]--25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS For Article 24 ( Freshwater Wetland ] The permittee shall incorporate the following language as a notice covenant to the deed: ,'Regulated freshwater wetlands are located on the southern portions of the properties of Douglas Miller and his heirs, assigns or successors. This property is subject to the provisions'of Environmental Conservation Law (ECL) Article 24, and the conduct of regulated activities may occur only pursdant to ECL Article 24 if prior approval is given by the New"~ork State Department of Environmental Conservation (NYSDEC) or its successor(s). Regulated activities include, but are not limited to clearing of vegetation;'applicati°n of chemicals; excavation; grading and filling; and erection of any structure(s)." This deed covenant shall be recorded with the Clerk of Suffolk County within 90 days of the issuance of this permit. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be sent within one calendar year of the issuance of this permit to: NYSDEC, Regional Manager BEP, SUNY Bldg. 40, Stony Brook, New York 11790-2356. Supplementary Special Conditions (A) through (F) attached DEC PERMIT NUMBER 1-4738-01005/00001-0 FACILITY ID NUMBER PROGRAM NUMBER I Page 4 of 5 SUPPLEM~ARY SPECIAL CONDITIONS The following conditions apply to all Tidal Wetlands; Freshwater Wetlands; Coastal Erosion Management; and wild, Scenic, and Recreational Rivers Permits: ae A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure t9 comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0365. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along.with photographs of the completed work and, if required, a survey. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC Permit No. 1-4738-01005/00001-0 Page 5 of 5 NYSDEC Bureau of Environmental Protection Bldg. 40, SUNY Stony Brook, New York 11790£2356 RE: Permit No: Issued To: Contractor's Name Contractor's Address Contractor's Phone No. TO whom it may cor~cern~ Pursuant to General Condition Number 1 of the above referenced permit you are hereby notified that the authorized activity shall co~ence on This notice is to be sent at least two days in advance of commencement of the project. The permit sign will be posted at the site and copy of permit will be available at site for inspection. Submitted by: Failure to notify or post sign will l~ave owner and/or contractor subject to applicable penalties for non-compliance with permit conditions. NYSDEC Bureau of Environmental Protection Bldg. 40, SUNY Stony Brook, New York 11790-2356 RE: Permit No: Issued To: Contractor's Name Contractor's Address Contractor's Phone No. To whom it may concern: Pursuant to General Condition Number 1 of the above referenced permit you are hereby.notified that the authorized activity was completed on Submitted by: This notice, with photos of completed work and/or completed survey, is to be sent to above address promptly upon complettion of project. Failure to notify will leave owner and/or contractor subject to applicable penalities for non-compliance with permit conditions.' g~20-1 (8~8'7) --9~ New York State Department of Environmental Conservation NOTIC *1 The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the Permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ROBERT A, GREENE NOTE: This notice is NOT a permit PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orl0wski, Jr. Mark S. McDonald Kenneth L. Edwards o Town Hall, 53095 Main Road P. O. Box 1179 SouthoId, New York 11971 Fax ~516) 765-3136 Telephone (516) 7/65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 1, 1994 Thomas T. McVann, Jr. Post Office Box 827 Westhampton Beach. N.Y. 11978 RE: Proposed Minor Subdivision for Douglas Miller SCTM~ 1000-121-4-10 Dear Mr. McVann: I have reviewed your letter of October 5. 1994. with the Town Attorney. The 1990 Court decision says that the DEC did the SEQRA review and that the Town is not empowered to do further SEQRA review. Therefore. it is not appropriate for the Planning Board to issue a SEQRA determination. The applicable sections of the Court's decision have been marked on the enclosed copy of the decision. As mentioned in my letter of May 19, 1994. the Planning Board awaits revised final maps containing Health Department approval and a copy of the DEC permit before scheduling the final hearing for the proposed subdivision. Please contact me if you have any questions regarding the above. Sin~cerely, Mehssa Spire Planner enc. cc: Laury Dowd, Town Attorney ,) · .. 7 .:' JUDGMENT APPEALED FROM ,, (pp. 7-8) At a 1AS Part XIV of the Supreme Court of the State of New York, held in and for the County of Suffolk, at Riverhead, New YorkOn the /~ - day of ~ ., 1990. PRESENT: Hon. Willi"am L. Underwood, Jr. DOUGLAS HII.T.~-R & G~:ORGE 0. GULDI, ' /"' ~-- · Index ~J ' Petitioners, / -against- / ~DGE~NT SOU~0LD T0~, SObTn0LD TO~ P~IN~ ,~=~=~. Respondents. PetitiOner, upon the Petition of George O. Guldi, duly verified the 17th day' of July, and the exhibits annexed ~hereto, having commenced a proceeding under CPLR Article 78 for an order annulling and setting aside the arbitrary determinations of the Respondents denying the application of Petitioner for a minor subdivision of a parcel of land located in Southold, New York, and reversing their unlawful refusal to permit the lawful utilization of Land, and further vacating their unlawful declaration of lead agency for SEQRA purposes and their arbitrary and capricious requirement of the preparation and filing of a Environmental Impact Statement, and directing Respondents to approve and issue 'such permits to Petitioners; as applied for, and said proceedfng having cont on to be heard before the Hon. William L. Underwood, Jr., without a Jury, at LAS Part XVI of this Court, held at the courthouse thereof, located a Griffing Avenue, Riverhead, NY on the 30th day of August, 1989, and the issues in'the above entitled proceeding having duly come on to be heard, and the proofs of all parties having been adduced and their respective counsel having submitted arguments, and after due deliberation having been held thereon, and a decision of this dourt having been made therein and filed=on the day of July, 1990, in favor of the Petitioners, Douglas Miller, and George O. Guldi, and against Respondent Town Planning Board, and directing the entry of Judgement as hereinafter provided and granting Petitioners costs against Southold Tow~ Planning Board pursuant- to Town Law Sec 282, on the basis that Respondent Southold Town Planing Board has been Grossly Negligent, acted in Bad Faith or has been malicious in-its treatment of Petitioner's application~ aqd~_~he costs of Petitioners having been duly taxed in the su~ o~.~0 ....... , ..... ($~0L°) Dollars, 'it is Ordered, Adjudged and Decreed,~_that judgement be entered in favor of petitioners, Douglas Mille~7. and George 0. Guldi~ and against respondent, Sou=hold Town Planning Board,. 1. Annulling Sou=hold Town Planning Board,s~determination of environmental significance, and 2. Directing Sou=hold Town Planning Board to give immediata consideration to petitioners proposal separate and apart from andy · and all other subdivision proposals, and 3. a_~r~ctin~ Sou~ho%d Town Plan~ing Board not to wetland ~== zrom =ne calculation of 1-- .... exclude of Petitioner,s application, and ~= ~zzes an zts consideration 4. If a public hearing is required Southold To~m Planning Board is directed to hold such hearing within 30 days of the date of ~he service upon them of a copy of this Judgement and to render its decision within ten days thereafter. Enter: J SUPREME COURT, 9 MEM NDUM DECISION DATED JULY .. (pp. , ' MEMORANDUM SUFFOLK COUNTY 1990 9-14) I~L~ PtRT DOUGLAS MILLER & GEORGE O. GULDI, : Petitioners, : -against- : $OUTHOLD TOWN, SOUTHOLD TOWN : PLANNING BOARD, SUFFOLK COUNTY : DEPARTMENT OF HEALTH SERVICES, : Respondents. : BY UNDERWOOD, JR., J.S.C. DATED: July 2, 1990 INDEX NO.: 89-14187 MOTION DATE: 08/30/89 CDISPSUBJ EORGE O. GULDI, ESQ. -' ttorney for Petitioner 1I Grilling Avenue Westhampton Beach, New York 11978 E. THOMAS BOYLE, ESQ. Attorney for SUFFOLK COUNTY 158 North County Complex Veterans Memorial Highway Hauppauge, New York 11787 JAMES A. SCHONDEBARE, ESQ. Attorney for SCUTHOLD TOWN 'Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 t~ Petitioners seek a judgment pursuant to Article 78 of the CPLE annulling the determination of respondent, Southold Town Planning Board, which requires the preparation of an environmental impact statement under the State Environmental Quality Review Act (SEQRA; ECL Art. 8). Petitioners own an eight-acre parcel of land on Laurel Lake in the Town of Southold. Approximately one-half of the parcel is classified as wetlands. Under the Town Zoning Code, the parcel is located in a district that requires a two-acre minimum lot for one-f~mily dwellings. On March 13, 1984, petitioners applied to the Planning Board for a minor subdiviqion of their parcel into three lots. included in the application was a short environmental assessment form (EAF). When the Planning Board advised petitioners that it intended to exclude the wetland area from the calculation of lo~ sizes, petitioners submitted written arguments as to why this exclusion would be unlawful and economically unwise. Nevertheless, on September lI, 1984, the Planning Board denied the application on the ground MILLER v. SOUTHOLD TOWN Index No. 89-14187 Page Two that the lot areas were inadequate, after exclusion of wetlands: for the proposed construction of single-family home.s. Petitioners then made an application to the Town Zoning Board of Appeals (Board of Appeals) for a variance and at a meeting on October 25, 1984, that board voted to hold petitioners' application "in abeyance pending receipt of...(1) N.Y.S. Department of Environmental Conservation (DEC) approval Or comments; (2) Suffolk County Department of Health Services (DHS) review, comments and/or approval". A letter dated NOvember 7, 1984, advising petitioners of the board's action sta~ed: "It is our understanding that an application has been filed with the N.¥.S.D.E.C. in Stony Brook and is pending". On March 12, 1986, the DEC issued a form Notice of Complete Application for a freshwater wetlands permit to construct three single-family homes on lots of 2-1/2 acres each adjacent to Laurel Lake. In an area on the form for SEQR Determination, a box is checked indicating, roject is an unlisted action; it has been determined that~ the project will not have a si~nificant effect on the environment". On a line for SEQR Lead Agency, a typed entry reads, "NYSDEC". A copy of the notice, was forwarded to the Southold Town Supervisor. On May 29, 1936, the DEC issued a permit to Petitioners for the construction of the dwellings, specifying a minimum-distance %andward of the wetlands boundary for each lot. The permit was subsequently renewed and remains in effect. In 1987, the Board of Appeals learned through the Town Attorney that wetland areas cannot be deleted from lot areas in subdivisions. In a letter dated May 15, 1987 the Board of Appeals advised petitioners that no -- / ER v. SOUT~OLD TOWN Index No. 89-14187 Pa~ Three varmance was required for their subdivision and accordingly, their application was "deadfiled". Armed with the DEC permit and the Board of Appeals decision, petitioners made several requests to the Planning Board to reconsider their application, without success. Requests to the DHS to issue their required permit met with a similar result. On four occasions, the latest of which being on March 21, 1989, DHS advised petitioners that it could take no action until receipt of a "SEQR determination letter" from the Town. Meanwhile, in January and February of 1989, there was communication between the Planning Board and DHS regarding four other proposed subdivisions on Laurel Lake, ranging in size from ten to ninety-one acres. The documents exchanged indicate the parties' agreement that the Planning Board should act as lead agency for SEQR review, that a positive declaration was appropriate, and that a generic EIS (GEIS) should be prepared. Then on June 5, 1989, petitioners received telephone notice at 4:00 p.m. that their application was on the agenda of the Planning Board meeting schedul~ed for that evening. At the meeting petitioners l~arned for the first time that their proposed subdivision had been joined with the four others mentioned above, with the effect of constituting a Type I action. By a vote of three to one, the Planning Board declared itself lead agency, made a positive declaration, and called for the preparation of a GEIS. Thereafter, petitioners brought this proceeding alleging that the actions of respondents are capricious and unreasonable. With respect to the actions of the Planning Board, the court agrees. MILLKR v. Index No. Page Four SOUTHOLD TOWN 89-14187 Respondent DHS argues that under the regulations promulgated for implementation of SEQRA (6 NYCRR Part 607), a lead agency must be established before a determination of significance is made and that the DEC failed to comply with the time requirements for the coordinated review of a proposed action. Section 617.6(c)(1) states, in pertinent park, that, "When an agency...receivee an application for...approval for...an unlisted action under~o~n~ coordinated review in which other agencies are involved, it shall, as soon as possible, mall the EAF...and a copy of [the] application...to all involved agencies notifying them that a lead agency must~be agreed upon within 30 calendar days of the date" of mailing (emphasis added). The court finds that this regulation was not applicable to the situation herein. Both the DHS and the Town, through i%s Board of Appeals, were waiting for the action of other agencies to "complete" the review process. Therefore, it cannot be said that petitioners' application to DEC was undergoing a coordinated review. Instead, the review was an uncoordinated one under 617.6(d), which provides in subdivision (3) tha%, "When an agency determines that an unlisted action will not have a significant effec~t on the environment, the coordinated review and notification procedures...are optional. For uncoordinated review of unlisted actions, each involved agency must make its own determination of significance" with ~respect to the component for which its approval is required. During the period in which petitioners' application was before the DEC (from 1984 until May 29, 1986), both DHS and the Town had ample oPPOrtunity to make a declaration of significance. Both of these involved ~~~I~LER v. 'SOUTHOLD TOWN Index No. 89-14187 Page Five 13 agencies failed to take any action. The Notice of Complete Application in which DEC made a negative declaration allowed a 30-day period for public comment. ~ne regulations for uncoordinated review provide that, "At any time prior to an agency's final decision, that agency's negative declaration may be superseded by a positive declaration by any other involved agency" (617.6[d][3]). issuance of a permi~ on ~ay 29, declaration is far too late and DEC's decision became final with its 1986. Hence the Planning Board's positive ia null and void. ~"ne Town Pla~ming Board has offered nothing to explain its poslhion i~ this matter. From the fact that for almost five years the Planni~ Board persisted in refusing to reconsider petitioners' application, one must conclude that it took the attitude that no application was pending. However, by reviving the application in June of 1989, for consideration with four new proposals, the Planning Board is now estopped from maintaining that position. Respondent Tows has also refused to address the ~ePits of this petition; it merely asserts the statute of limitations as a defense. Referring back ~o the denial of petitioners' application, which was filed in the Town Clerk's office on September 12, 1984, respondent relies on Town Law Sec 282. The statute re~uires the commencement of an Article 78 proceeding for ~udicial review of a planning board decision within 30 days of the filing of the decision in the office of the board. However, petitioners here are seeking review of the Planning Board's June 1989 decision, the positive SEQR declaration and requirement for a GEIS. Because respondent has offered no proof of the filing of that decision, it 14 MILLER Index No. Page Six SOUTHOLD TOWN 89-14187 has not shown that this proceeding was commenced beyond the statute limitations (Matter of Ferri~an v. ThcmosO~, 135 AD2d 953, 522 NYS2d 362 [3d Dept 1987]; SDinosa v. Aekerm~n, 98 Misc2d 1073, 415 NYS2d 358 [Sup Ct Monroe Co., 1979]). The DHS has stated that petitioners' proposal conforms with the Department's requirements for water supply and sewage disposal. Planning Board has not objected that the proposed subdivision violates other requirements of the zoning code. Therefore, the petition is granted, the Planning Board's determination of environmental significance is annulled, and the Town Planning Board is directed to give immediate consideration to petitioners' proposal separate and apar% from any and all other subdivisions proposed for the Laurel Lake area. The Board is further directed not to exclude the wetland area from the calcula%ion of log sizes. If a public hearing is required, the Board is directed to hold such hearing within 30 days of the date of service upon them of a copy of thi~ Judgmen%, with notice of entry and to render its decision within ten days thereafter. Petitioners are granted costs against the Southold Town ~lanning Board, pursuant to Town Law Sec 282. Submit Judgment providing accordingly. VaLLIA t. 3R. WILLIA~ L. UNDERWOOD, JR. J.S.C. 15 ~MENDED DECISION DATED OCTOBER 17, 1990 SUFFOLK COUNTY ~etigioners, -a~ainst- $0UTHOLD TOWN, SOUTHOLD TOWN PLANNING BOAED, SUFFOLK COUNTY DEPARTMENT OF WEALTH SERVICES, Respondents, E. THOMAS BOYLE, ESQ. Attorney for SUFFOLK COUNTY .~15~ North County Complex V~terans Memorial Highway· Hauppau~e, New'York 11787 HEMORANDUM IAS PART XIV BY UNDERWOOD, JR., J.S.C. DATED: 'INDEX NO.: MOTION DATE: CDISPSUBJ October 17,. 1990 GEORGE O. GULDI, ESQ, Attorney for Fetitionsr 1! Griffing Avenue Wes%hampton Beach, New York 11978 JAMES A. SCHONDE~A~E, ESQ. Attorney for SOUTHOLD TOWN Southold Town Hall 5~095 Main ROad, P.O. Box 1179 Southold, New York 11971 Respondents have requested tl:e Court ~o "reexamine.· its .memorandum-doclsion dated July 2, 1990, regarding the imposition of costs against them pursuant to Town Law sec 282. 'the decision reveals that the Court found that the Planning Board, in ".~ntentionally ~iaregarding the advic~ of the Town Attorney ~ith respect to "dele%Ing wetland areas from the calculation of lot sizes,,act~.d in bad faith or with ~alic~; that th~ Board ~as gro~nly negligent with respect to its ~esponsibility as an involved a~ency !n the revigw of petitioner's appl~cation under SEQRA~ that th~ ~oard was malicious in ob~tructin~ '~eti$ioner's application for five years; and that it was ~ro~ely negliaent in finally jo~nin~ pati%ioner'~ application to the four new ones without advance no~lce. Under the circumstanceS, the court believes %he imposition "~f costs to be Justified and a judgment is migned sizultaneously herewith. SO Ordered. J.S.C. Th~-court amends the said decimion by adding thereto the specific reasons for imposing costs aga~.ns~ the Planning Board. A careful r~view of. Thomas T. McVann, Jr. Attorney at Law October 5, 1994 Post Office Box 827 Westhampton Beach, New York tt978 (516) 288-6500 Fax Number [5t6] 288-6546 Town of Southold Planning Board Office Town Hall 53095 Main Road PO Box 1179 Southold, New York 11971 Attention: Melissa Spiro Planner Re: SCTM# 1000-121-4-10 Dear Ms. Spiro: SOUTHOLD TOWN PLANNING BOARD Please find enclosed a copy of a fully executed assignment in regard to the above captioned property. Since our previous communications of April and May, 1994, I have still not received A SEQRA determination which is holding up the issuance of the health department approvals. I would therefore ask that a determination be issued and forwarded to my office so that we may proceed with this matter. With every kind regard, I am THOMAS T. McVANN, JR. TTM;bjm cc: Laury L. Dowd Town Attorney ASSIGNMENT KNOW THAT GEORGE O. GULDI, residing at 11 Griffing Avenue, Westhampton Beach, New York 11978, assignor, in consideration of TEN AND 00/100 ($10.00) DOLI~tRS, paid by, THOMAS T. McVANN, JR., residing at 380 Mill Road, Westhampton Beach, New York, 11978, assignee, hereby assigns unto the assignee, all of his right title and interest in premises known as district 1000 section 121 block 01 lot 10, including all rights and claims thereto arising in connection with the ownership thereof against the Town Southold, New York State Department of Environmental Conservation, Suffolk County Health Department, but excluding any claim against Douglas Miller. The word "assignor" or "assignee" shall be construed as if it read "assign~rs" or "assignees" whenever the sense of this instrument so requires. IN WITNESS WHEREOF, the assign~or has duly executed this assignment the ~%~- day of ~%~%% ~ \c~%q . On the~\ day of %R-- , 1994, before me personally came GEORGE O. GULDI, to me known to be the individual described in and who executed the foregoing instrument, and ~acknowledged that he executed same. NOTARY pUBI,~C BARBARA J. MITCHELL NOTARY PUBLIC, Sram ol New NO. 01M14790092, Sulfo~k~gn!y Tefra Ex~e~ Jan. ~1, ?~q~! PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Man~ S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southok:l, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 19, 1994 Thomas T. McVann, Jr. Post Office Box 827 Westhampton Beach, N.Y. 11978 RE: Proposed Minor Subdivision for Douglas Miller SCTM# 1000-121-4-10 Dear Mr. McVann: I have received your letter dated May 11, 1994, which included five surveys and two mylars for the above mentioned subdivision. As mentioned in the Town Attorney's letter of May 5, 1994, the Planning Board awaits final maps containing Health Department approval and a copy of the DEC permit before scheduling the final hearing for the proposed subdivision. Please note the following in regard to the proposed maps: The maps are entitled Sketch Plan for Douglas Miller. The maps have been submitted as final plans and this should be so noted. A footprint for a typical dwelling has been indicated for each lot. If the subdivision map is approved as is, and an application for a building permit is made that does not reflect the footprint shown on the approved subdivisien map, an amendment to the subdivision map will be necessary. For this reason, the Planning Board has asked that building envelopes, rather than typical footprints, be shown for each lot. The building envelopes must meet all requirements of the Zoning Code. Upon submission of revised plans containing Health Department approval and the DEC permit, the Planning Board will schedule the final hearing for the proposed subdivision. Please contact me if you have any questions regarding the above. Sincerely, Melissa Spiro Planner cc: Laury Dowd, Town Attorney Thomas T /IcVann, Jr, Attorney at Law May 11, 1994 Town Attorney Town of $outhold Town Hall 53095 Main Road PO Box 1179 Southold, New York 11971 Post Office Box 827 Westhampton Beach, New York tt978 (516] 288-6500 Fax Number [516] 288-6546 Re: Mill & Guldi Subdivision SCTM 1000-121-4-10 Dear Ms. Dowd: Pursuant to my letter of April 20, find enclosed five (5) surveys and two the encaptioned matter. 1994, please (2) mylars for I am looking into the Health Department issue, will let you know as soon as possible. With every kind regard, I am and THOMAS T. McVANN, JR. TTM:sn encl. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George R[tchie 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 April 1, 1994 Thomas T. McVann, Jr. Post Office Box 827 Westhampton Beach, N.Y. 11978 RE: Proposed Minor Subdivision for Douglas Miller IMiller & Guldi vs. Town of Southold) SCTM~ 1000-121-4-10 Dear Mr. McVann: The subdivision status of the above mentioned property has been reviewed by the Planning Board and the Town Attorney. I have listed the information that is required for the Planning Board to process the application. Final maps (five (5) paper copies and two (2) mylars) containing the following must be submitted: The boundaries of the freshwater wetland located on the property. The boundaries of the wetland must be staked, inspected, and agreed to by the Town Trustees and the Department of Environmental Conservation (DEC). Building envelopes for each lot. The building envelopes must meet all requirements of the Zoning Code as specified in the Bulk Schedule for Residential Districts. In addition, the building envelopes must be'in accordance with the seventy-five (75) foot building setback from the freshwater wetland as specified in Section 100-239.4 (C.) of the Zoning Code, unless permits have been obtained from the DEC and the Town Trustees specifying different wetland setbacks. If this is the case, the building envelopes must be in accordanc~ with such permits. A valid stamp of approval from the Suffolk County Department of Health Services. 2. Submission of a valid permit from the DEC. Submission of approval from the Town Trustees if building envelopes are proposed within seventy-five (75) feet of the wetland boundary. Upon receipt of the above mentioned items, the Planning Board will schedule the final hearing for the proposed subdivision. Please contact me if you have any questions regarding the above. Sincerely, Planner cc: Laury Dowd, Town Attorney Albert Krupski, Jr., President Town Trustess ,n Hall, 53095 Main Road P.O. Box 1179 ~thold. New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 30, 1989 Mr. Miller 1319 Pulaski Street Riverhead, NY 11901 RE: Douglas Miller SCTM ~1000-121-4-10 Dear Mr. Miller: Enclosed please find a copy of the bill for the scoping session that you attended. Although you have chosen not to file a draft impact statement; the fee for the scoping session remains outstanding Prompt payment would be appreciated. /~ry truly yours, ~ ~ Bennett Orlowski, Jr. r Chairman enc. cc: James A. Schondebare, Town Attorney George Guildi jt SUPRE~E COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DOUGLAS MILLER & GEORGE O. GULDI, Petitioners, -against- '' SOUTHOLD TOWN, SOUTHOLD TOWN PLANNING BOARD, SUFFOLK COUNTY DEPART~ENT OF HEALTH SERVICES. Respondents. Index No. NOTICE OF PETITION PLEASE TAKE NOTICE, that upon the annexed Petition of George O. Guldi, duly verified the 17th day of July, and the exhibits annexed thereto, the undersigned wil~ move the Court at an IAS part thereof, to be held at the Supreme Court House, Griffing Avenue, Riverhead, New York on the 30th day of August, 1989 at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for Judgement pursuant to Article 78 of the Civil Practice Law and Rules, annulling and setting aside the arbitrary determinations of the Respondents denying the application of Petitioner for a minor subdivision of a parcel of land located in Southold, New York, and reversing their unlawful refusal to permit the lawful utilization of Land, and further vacating their unlawful declaration of lead agency for SEQRA purposes and their arbitrary and capricious requirement of the preparation and filing of a Environmental Impact Statement, and directing Respondents to approve and issue such permits to Petitioners; as applied for, and fo~ such other and further relief as to the Court may seem Just and proper in the premises. Please take further notice, that a verified answer, and any other documents supporting such answer, must be served at least five days, before such time, and that pursuant to Section 7804 of the Civil Practice Law and Rules, you are directed to file with the Clerk of the Court your answer and any other papers thereon, together with any other papers to be considered herein. Westhampton Beach, July 17, 1989 George O. Guldi, Esq. Attorney for the Petitioner 11 Griffing Avenue Westhampton Beach, NY 11978 (516) 288-3737 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (5161 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 24, 1989 ,]eorge Guldi !1 Griifing Avenue Westhampton, NY 11978 Dear Mr. Guldi: RE: Douglas Miller SCTM %1000-12!-4-10 The fee for the envirop~ental review of the above mentioned application will total two thousand dollars. However, the Planning Board has been billed for the review to date, which is two hundred and fifty dollars. Please pay the two hundred and fifty dollars upon receipt of this letter. Thank ycu for your coorporation. Very truly yours._,,. ,.,.' / -3 ' ' ," / // / % ' , BENNETT ORLOWSKI, JR. CHAIRMAN cc: Cramer, Voorhis & Associates Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 IELEPHONE (516) 765-193fi CERTIFIED MAIL PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Ail Involved Applicants Southold Town Planning Board Scoping Session for: Peconic Homes SCTM ~1000-121-5-5.1 Douglas Miller SCTM ~1000-121-4-10.1 Daniel Jacoby SCTM 91000-125-1-5 Joseph Macari SCTM ~1000-121-4-9. A.T. Holding Co. SCTM 91000-121-5-5.1 July 6, 1989 This is to confirm the Scoping Session date of Thursday, 13, 1989 at 2 p.m. for the above mentioned subdivision applications. July The Scoping Session will be held in the Meeting Hall of the Town Hall which is located on the Main Road in Southold. If you have any questions, please contact the Planning Board office at 765-1938. CC: jt cramer, Voorhis & Associates, Inc. Henry Raynor George Guldi Peter Danowski James Fitzgerald James A. Schondebare, Town Attorney Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 CERTIFIED FA~IL PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Ail Involved Agencies Southold Town Planning Board Scoping Session for: Peconic Homes SCTM ~1000-121-5-5.1 Douglas Miller SCTM 91000-121-4-10.1 Daniel Jacoby SCTM ~1000-125-1-5 Joseph Macari SCTM ~1000-121-4-9. A.T. Holding Co. SCTM 91000-121-5-5.1 DATE: July 6, 1989 A Scoping Session has been set for Thursday, July 13, 1989 at p.m. for the above mentioned subdivision applications. The Scoping Session will be held in the Meeting Hall of the Town Hall which is located on the Main Road in Southold. A copy of the Positive Declaration was sent to you under separate cover. If you are unable to attend the Scoping Session, please send any comments you may have as to items you wish be addressed in the Draft Environmental Impact Statement, to the Planning Board office. For your assistance, the Board's fax number is 765-1823. If you have any questions, please contact the Planning Board office at 765-1938. CC: jt Suffolk County Department of Health Services Suffolk County Department of.Environmental Conservation Suffolk County Department of Planning James Schondebare, Town Attorney Judith Terry, Town Clerk Building Department Zoning Board of Appeals Board of Trustees Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 1197I TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 12, 1989 George O. Guldi 11 Griffing Avenue Westhampton, New York 11978 RE: Applications in Laurel Lake Area which received a Positive Declaration on June 5, 1989 Dear Mr. Guldi: Enclosed please find the Town Board resolution.of June 6, 1989, which may be of significance to your client. Noted below are three tentative dates for the scoping session which the Planning Board will be conducting. Please notify the Planning Board office by June 16th as to which date is most convenient for you. You will be notified of the confirmed date and time. July 6, 1989 - no specified time July 7, 1989 - no specified time July 12, 1989 -no specified time Please contact the office if you have any questions pertaining to the above. enc. ms Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 7, 1989 George O. Guldi 11 Griffing Avenue Westhampton, NY 11978 RE: Douglas Miller SCTM 91000-121-4-10 Dear Mr. Guldi: The following action was taken by the Southold Town Planning Board on Monday, June 5, 1989. RESOLVED that the Southold Town Planning Board issue a Positive Declaration under the State Environmental Quality Review Act. The Planning Board, as lead agent, determined that the proposed action described in the enclosed positive declaration may have a significant effect on the environment and that a Draft Environmental Impact Statment will be prepared. If you have any questions, please do not hesitate to contact this office. ,. ..Very truly yours, · ~ . .~ BENNETT ORLOWSKI,JR. CHAIRMAN enc. Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 7, 1989 POSITIVE DECLARATION PURSUANT to Part 617 of Article 8 of the Environmental Conser- vation Law, the Southold Town Planning Board assumes lead agency, and, as lead agency, has determined that the proposed actions described below may have a significant effect on the environment and that a Draft Environmental Impact Statement shall be prepared. NAME OF ACTION: A.T. Holding Co. Joseph Macari Peconic Homes Daniel Jacoby Douglas Miller SEQRA STATUS: SCTM$ 1000-121-5-5.1 1000-122-2-25 34 lots on 91.53 acres. SCTM$ 1000-121-4-9 27 lots on 63.57 acres. SCTM9 1000-121-3-7 1000-121-1- p/o 5 19 lots on 45.28 acres. SCTM# 1000-125-1-5 2 lots on 10.58 acres. SCTM ~ ].000-121-4-10.1 3 lots on 8.2 acres. Each of the individual actions around the Lake is, in effect, an unlisted action, but the cumulative effect is akin to a Type I action. **CONTINUED** REASONS SUPPORTING THIS DETERMINATION: There are three major and two minor subdivision proposals which together encompass approximately 219 acres a~ 85 lotg in the vicinity of Laurel Lake; and There should be consideration of the potentia~ cumulative effect of the proposed development on the ecology of ~he area with regard to the overall impacts on groundwater qlDality, ~/rface water quality, wildlife habitat, and public lan~ds; aM The Laurel Lake area has been under study as a sspecial groundwater protection area by the Long Island 5Regio~ Planning Board's Special Groundwater Protection .Area~l~isory Council; and The stretch of Sound Avenue between Bergen Avenue~ tO'west and Cox Neck Road to the east is the sole point o~f irg~ss and egress, and none of these subdivisions has additi~onalatcess to other public roads. This stretch of road is a heagvily=?avelled east-west corridor and also a curving road on hil~lYt~rain. Its capacity to handle safely the additional volume'e ~ftraffic from the pro~ected development should be examined. CONTACT PERSON: Further information can be obtained by contac~ ~ill M. Thorp, Secretary Southold Town Planning Board, Mai~ ~, Southold, NY 11971. cc: jt Suffolk County Department of Health Services Suffolk County Department of Environmental C~ Suffolk County Department of Planning Judith Terry, Town Clerk Building Department Zoning ~oard of Appeals Board of Trustees Planning Board Applicant ;ns~ion, ~ M G. MILLER MACHINE CO., INC. PRECISION MACHINING C AIRCRAFT - ELECTRONIC 1319 Pulaski Street Riverhead, New York 11901 516 369-1500 FAX - 516-369-0191 JUN -7/989 ~O~D DATE: 6/6/89 TO: Southold Town Planning Board ATT: Jill SUBJECT: Minutes of Planning Board meeting held 6/5/89 FROM: Douglas J. Miller MESSAGE As per telephone request, please forward minutes of Planning Board meeting to my attention at above address, when they are typed from the tape recording. Thank Ver~/ Dou~ia G. MI[ rou. ~President ,ER MACHINE CO., INC. DJM/cbl cc: George Guldi/file National Tooling & Mach~ng AssoeJaaon Member WESTHAMPTON BEACH, NEW YORK TELECOPIER (516) 288-3742 NEW YORK, NEW YORK 'ITzLECOPIER (212) 239-7216 LA'~ OFFIC~]S George O. Guldi 11 GRIFFING AVENUE WF. STHAMPTON B~. ~W YORK 1 I978 875 AVENUE OF THE AMERICAS SUITI~ 500 NEW YORK, NEW YORK 10001 /~y 9, 1989 Mr. Roy Reynolds, Senior Engineer Suffolk County Department of Health Services Riverhead County Center Riverhead, N.Y. 11901 Dear Mr. Reynolds: Re: Miller property/ Southold Pursuant to our telephone conversation of March 1989, enclosed please find the revised surveys as required by your department as well as the request for a SEQRA determination by the Town of Southold which was submitted to them in 1984 and regarding which they have failed to take any action to date. I greatly appreciate your cooperation in helping me attempt to resolve the few remaining obstacles in arriving at the point of being able to utilize the property in $outhold. I have enclosed 2 copies of the amended survey for your file and 4 other copies & ask that you stamp the latter 4 copies with our permit and return same to my office. As explained earlier today, all attempts to communicate with the Town of Southold regarding their requirements for the finalization of details necessary to allow any use of my property have failed. As a result I cannot provide you with a SEQRA determination by the town. Also enclosed is an additional copy of the determination of the DEC that the proposed project has no substantial environmental impact. In our last attempt to elicit a constructive response from the Town of Southold, we by a copy of this letter request that they process the applications before them in accordance with the requirements of law. Again, thank you for your time and your concern. I was assured by another Department of Health Services employee today that you would be of most invaluable assistance in this matter, and he was correct. Thank you for your help. cc: Southold Town Encl. GOG:grb truly yours, / Southold, N.Y. 11971 (516) 765-1938 July 8, 1987 Mr. Francis J. Yakaboski, Esq. Attorney at Law 456 Griffing Avenue Riverhead, New York 11901 Re: Miller proposal for subdivision on Laurel Lake Dear Mr. Yakaboski: With regard to the above proposal, enclosed is the following: 1. Copy of subdivison proposal 2. Copy of Planning Board resolution dated 9/10/84 denying this proposal 3. Copy of May 7, 1984 correspondence from the attorney for the applicant to the Board with regard to the Board's resolution 4. Copy of Board of Appeals action approving access to the property. 5. Copy of Board of Appeals letter of May 15, 1987 indicating that they concur with the decision of the Building Inspector that wetlands cannot be deleted from the area of the lot and referring the matter back to the Planning Board. 6. Copy of correspondence dated June 30, 1987 from Mr. Guldi requesting that the board re-consider this submission. At a Planning Board work session, it was the consensus of the Board to refer this matter to you for a determination on how to proceed with this matter, and a response to Mr. Guldi. If you have any questions or would like further information, please don't hesitate to call our office or the Chairman. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Joan Davis GEORGE O. GULDI WENDY A. OLUM* *Admitted in NY ~nd LA Guldi & Olum 875 AVENUE OF THE AMERICAS SUITE 2424 NEW YORK, NEW YORK I0001 (212) 714-I315 45 MAIN STREET SOUTHAMPTON, NEW YORK 11968 (516) 2834~288 June 30, 1987 Planning Board, Southold Town Main Road Southold, NY 11971 Re: Miller application for subdivision of Laurel Lake Dear Sirs: I am writing w~th reference to the above application for a minor subdivision on Laurel Lake. This application was submitted to the Planning Board on March 13 of 1984. In connection with this application by my letter of May 7, of 1984 I outlined for the Planning Board and the Town Attorney the reasons that it would be improper to exclude the wetland from lot area for zoning purposes. Nothwitstand~.ng the foregoing, by letter of September 11, 1984 the Planning Board rejected the application on the sole ground that the lot area would be insufficient ~f you subtracted the wetlands from the divided lots. Since that time I have pursued the required DEC, County Department of Health and Town Trustee permits necessary to pursue my appeal from that denial. On or about May 15, 1987, I rec~eved a notification from the Zoning Board of Appeals that the wetland could not be excluded from lot area for subd~.v~s~.on purposes. Since that time I have through repeated contacts with your office tried to acerta~n when if at all the planning Board wishes to reconsider the application in light of the Board of Zoning appeals dismissal of the appeal from the Boards previous decision. The pending application ks one which calls for no activity within or adjacent to the wetland area and for only three lots from the 8.4 acres where we would be entitled to four lots ~f we were interested in the full development of the parcel. We would hope that these substantial concessions would be sufficient to convince the Board that our plan for utilization of the property is a good one. GEORGE O. GULDI WENDY A. OLUM* *Admitted in NY and LA Guldi & Olum 875 AVENUE OF THE AMERICAS SUITE 2424 NEW YORK, NEW YORK 10001 (212) 714-1315 45 MAIN STREET SOUTHAMPTON, NEW YORK 11968 (516) 283-8288 Also enclosed for use by the board are copies of the Permit issued by the DEC in connection with this application. Given that this application has been pending for over two years I look forward to your prompt reply. cc. Mr. Douglas Miller. RECk ',' .... DATE APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TELEPHONE (516) 765-1809 May 15, 1987 George O. Guldi, Esq. Guldi & Olum 875 Avenue of the Americas Suite 2424 New York, NY lO001 Re: Appeal No. 3299 - Douglas Miller (Variance) Dear Mr. Guldi: In updating the above file, we have been advised through our Town Attorney that Court Decision(s) were rendered during 1986 indicating that wetland areas cannot be deleted when calculating the area of Lot(s) in pending or proposed divi- sions of land. At our Regular Meeting held April 2, 1987, the Board of Appeals reviewed and concurred with the February 19, 1987 Memorandum of the Building Inspector (copy enclosed) and Town Attorney's Opinion that wetland areas cannot be deleted from the area of a lot for proposed set-offs or other divisions of land. Inasmuch as your application is for Variances under Article III, Section 100-31 of the Zoning Code, it would appear that if your proposal is for a minimum lot area of 80,000 sq. ft. and minimum lot width of 175 feet for each proposed lot, for single-family dwelling use and meeting all other zoning requirements, a variance is not required. Please be sure to check with Mr. Lessard of the Building Department as to whether or not in his opinion any other variances or appeal would be necessary under the Town Code. If you feel that you would like to proceed with a variance application with all of the above in mind, please Page 2 Appeal No. 3299 May 15, 1987 George O. Guldi, Esq. (Douglas Miller) let us know. We are transmitting copies of this letter to the Planning Board and Building Department for their files. Unless we hear otherwise, we will assume this variance application is to be deadfiled. lk Enclosure cc: Planning Board Building Department Yours very truly, GERARD P .'~GOE~R~ NGER CHAIRMAN ~ TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECI'OR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 February 19, 1987 TO: Bennett Orlowski, Planning Board Chairman ~. FROM: Victor Lessard, Executive Administrator~ SUBJECT: Wetland Areas It is my understanding that parcels containing wetlands, sand pits, etc. for purposes of determining the area of a parcel only, muse be included in the ca- culations. The board should take this approach, until such time the State wishes to change its' laws. DESORAH W, FEINBERG JOAN N FERRETTI LAWRENCE A. GOLDBERG KAREN E. GROSS ROSIN £.ROSENSERG FREDERIC N, SHULNAN CERTIFIED MAIL~ RRR GIVE, PAGET &RIESEL, P. C. August 22, 1986 WILLIAM R. GINSSERG NICHOLAS A. ROBINSON COUNSEL IG9 HAIN STREET P.O. BOX 9 NEW PALTZ,NEW YORK 12561 (914) 255-9299 LAURA ZEISEL, RESIDENT A?TO~NE¥ WASHINGTON OFFICE Board of Trustees of the Town of Southold Southold Town Hall Main Road Southold, New York 11971 Re: Wetland Application No. 409; ~, applicant Honorable Members of the Board of Trustees: We are writing on behalf of the Laurel Lake Property Owners Association, an organization of the owners of property on Laurel Lake, and Mark D. Gross, the owner of the property adjoining the land of Mr. Miller on Laurel Lake. It is our understanding that Mr. Miller has applied for a permit to develop land immediately adjacent to fresh water wetlands on Laurel Lake, and that the application will be considered at the meeting of the Board of Trustees to be held on August 28, 1986. On behalf of our clients, we submit, for the reasons set forth below, that the application for a wetlands permit ("Appli- cation'') should be denied, or, in the alternative, that defini- tive action on it should be deferred until the procedures and requirements of the State Environmental Quality Review Act ("SEQRA"), including the preparation of an environmental impact statement ("EIS"), have been followed. SIVE, t~AnET & RIESEL, 1~. n. Board of Trustees of the Town of Southold August 22, 1986 Page 2 The wetlands on Laurel Lake are an integral part of the delicate ecosystem of the lake. The operations proposed by the Application will have a serious adverse effect not only upon the wetlands themselves, but upon Laurel Lake as a whole, and consequently, upon the residents of Southold who live on the lake. Our clients and we believe that the Application fails to meet the requirements of ~97-28 of the Code of the Town of Southold ("Code") which sets forth the standards for the grant- ing of wetlands permits. Accordingly, the Application should be denied. The legislative intent of the Town Board in adopting Chapter 97 of the Code to protect the wetlands of the Town of Southold also mandates denial of the Application. Section 97-11 provides: The Town Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resour- -ces are encroaching upon or eliminating many of its wetlands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, artistic, recreational and economic assets to existing and future residents of the Town of Southold. The spread of development as proposed by the Application, with its consequent disturbance of the Laurel Lake wetlands, is precisely the kind of detrimental activity that Chapter 97 was enacted to prevent. In any event, because the development proposed by the Application will have a significant effect on the environment, SEQRA and the regulations promulgated thereunder require that an EIS be prepared before the Board of Trustees takes action with respect to the Application. In view of the foregoing, we respectfully submit that the Application of Mr. Miller should be denied, or in the alterna- tive, that an EIS be prepared and the other requirements of SIVE, i~AGET & RIEGEL, p. C. Board of Trustees of the Town of Southold August 22, 1986 Page 3 SEQRA be followed before the Board of Trustees makes a determina- tion with respect to the Application. Our clients have ex- pressed every intention of pursuing their judicial remedies if the Board's actions fail to comply with the requirements of both SEQRA and local law. Respectfully, LAG/mj Lawrence A. Goldberg GEORGE O. GULDI WENDY A. OLUM" GULDI & OLUM 875 AVENUE OF THE AMERICAS SUITE 2424 NEW YORK, NEW YORK 10001 (212) 714-1315 45 MAIN STREET SOUTHAMPTON, NEW YORK 11968 (516) 283-8288 June 18, 1986 Board of Town Trustees Town of Southold Town Hall 53095 Main Road PO Box 728 Southold, NY 11971 Re: Laurel Lake application to subdivide Agenda for June 26 ~eeting Dear Sirs, Enclosed please find the recent correspondence and attachments received from the New York State Department of Environmental Conservation together with the permits issued by them. I forward these to you for your information and use in connection with consideration of the disposition of our permit application previously submitted to you. Please contact me if you have any questions. Very truly yours, 'e'~~. Gul~it ~ GOG/nbw Enc. NE~.; YOPdz. STATE DEPAR%%~'NT OF ENVIROh~fElrfAL CONSERVATION Regulatory Affairs Unit Bldg. 40, Sb/~f--Room Stony Brook, }?f 11794 (516) 751-7900 May 29, 1986 Mr. Douglas Miller 40 Old Main Road Quogue, N.Y. 11960 RE: PERMIT NO. 10-85-1368 Dear Mr. Miller: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing Regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact the Regional Regulatory Affairs Unit, ~rYS Department of Environmental Conse~r~ation, State University of Kew York at Stony Brook, Building 40, Stony Brook, New York. Also enclosed is a permit sign which you are to conspicuously post at the project site, protected from the weather, Sincerely, David DeR/dder Alternate Regional Permit Administrator DDR:co's Enclosures NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION UNIFORM PROCEDURES ACT Region No.: Applicant: Amount: $ Application Identification No.: Permit~ype: ? --- Reee,o,,o.U 4601 0O Check '~ Money Order [] Check or M.O, No.: 32-14-13 (9/77) 10-85-1368 FACILITY/PROGRAM NUMBE R(s) N/A [--IArticle 15. Title 5: Protection of Water [--)Article 15, Title 15: Water Supply r-JArticle 15. Title 15: Water Transport [--JArticle 15. Title 15: Long Island Wells J'-J^rticle 15. Title 27: Wild, Scenic and Recreational Rivers J--J6NYCRR 608: Water Quality Certification PERMIT Under the Environmental Conservation Law /~Article 17. Titles 7, 8: SPDES __ ~-~Article 19: Air Pollution Control ~--~Article 23, Title 27: Mined Land Reclamation ~] Article 24: Freshwater Wetlands N J-~ Article 25: Tidal Wetlands N--New, R--Renewal. M--Modification EFFECTIVE DATE 5/29/86 FXPIRATION DATE(s) 12/31/87 r--]Article 27. Title 7: Solid Waste Management [--]Article 27. T;:le 9: HazardOus Waste Management I-~ArticJe 34: Coastal Erosion Management [--IArticle 36: " Floodplain Management [-'1Articles 1. 3. 37; 6NYCRR 3~0: Radiation Control C-Construct on, O--Operation, (If Applicable) PERMITISSUEDTO Douglas Miller ADDRESSOFPERMITTEE 40 Old Main Rd., Quogue, NY 11960 AGENT FOR PERMITTEEICONTACT PERSON TELEPHONE NUMBER George Guldi,875 Ave.of the Americas~Suite 2424.NY.NY 10001 NAME AND ADDRESS OF FACILITY Ill different from Permittee) LOCATION OF PROJECT J COUNTY J TO W N/~L,~,L~.~ [ UTM COORDINATES Laurel Lake,Mattituck Suffolk South~]d -~' DESCRIPTION OF PROJECT/FACILITY Construct one family dwelling on Lot I a minimum of 90' landward of freshwater wetlands boundary, one family dwelling on Lot 3 a minimum of 105' landward of the freshwater wetlands boundary, one family dwelling on Lot 2 a mi~ml,m of 50' landward of the :resnwater wetlands boundary. All sanitary systems shall be constructed a minimum of 100' landward of the freshwater wetlands boundarM. GENERAL CONDITIONS By acceptance of this permit, the permlttee agrees that the pem~it is contingent upon ttrict compliance with the ECL, all appJlcab~e regulations and the conditior4 specified herein or attached hereto. The perm~ttee shall file in the office of the appropriate reg.~nal permit administrator, or other office designated in the special conditions, a notice of intention to commence work at least 48 hours m advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work The permitted work shall be subiect to ~nspection by an aulhonzed representatwe of t~ Department of Environmental Conservation which ma'/order the work suspended if The I~ermrt ee has accepted expressly by the execution of the application, the full legel responsibility for all damages, direct or indirect, of whatever nature, and by whomever suffered, ans~nil out of the project described herein and has agreed to indemnify and save harmless the State from su;ts, act ~c~ns. damages and cost~ of eveq, name and descrip- The Department reserves the mght to modify, suspend or revoke this permit at any time afe due not,ce, and. if requested, hold a hearing when: b) the Derm~t was obtained bY m~srepresentat~on or failure to disclose relevent facts; or 5~29/86P[ MIT ISSUANCE DATE Pf~d~t~TR~ ...... ADDRESS Bldg.40,SUNY,Rm.219- David DeRidder Stony Brook.NY 11794 AUTHORIZED SICNATI~RE X /~ ";"~'~-~L '~ -'~'~/~'~':/ Page 1 of 3 if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the tree nawgat~on of said waters or flood flows or endanger the health, safety or welfare of the people of the State. or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be com- pleted, the owners, shaH, without e:mense to the State. and to such extent and ~n such ttme and manner as the Department of E nwronmental Conservation may r~mre, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capaoty of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. That the State of New York shall in no case be liable for any damage or inlury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or ~mprovement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law. such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained All necessary precautions shall be taken to preclude contamination of any wet~and or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other enwronmentally deleterious materials associated with the prolect the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channets or to the banks of a waterway 15 If any materia[ is to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark. it shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as wdi prevent escape of the material into the waterway 16 There shall be no unreasonable interference with navigation by the work herem authorized 17 If granted under Artide~ 24 or 25, an(~ if upon the expiration or vocation of this permit, modification of the wetland hereby authorized has not been completed, the appbcant shall, without expense to the State, and to such extent and in such time and tnanner as the Department of Environmental Consen/atton may require, remove all or any portion of the uncomp}eted structure or fill and restore the site to its former condition No claim shah be made against the State of New York on account of any such removal or alteration 18. If granted under Article 36, this permit does not s~gnify in any way that the project will be free trom flooding 19. Ali activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Young & Young, L.S. Latest revise~ aate on !0/2!/~5 · SPECIAL CONDITIONS 1. There shall be no disturbance to vegetation or topography a minimum of 50' landward of the freshwater wetland boundary on Lots 1 and 3. - 2. There shall be no disturbance to vegetation or topography a minimum of 25' landward of the freshwater wetlands boundary on Lot 2. 3. Hay bales shall be placed at the commencement of construction and remain in place until the grade has been stabilized with vegetation at the landward edge of buffer areas (25' Lot 1, 50' Lot 2 & 3) Supplementary Special Conditions (A) through (J) attached. 10-85-1368 PROGRAM FACILITY NUMBER N/A Page 2 of 3 A. B. C. SUFPLL~I~k~fARY SPECIAL COR~ITIONS following conditions apply to all permits: -' If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and t~lephone noted below. A copy of this permit or approval and supplementary conditions shall be available at th, project site whenever authorized work is in progress. The permit si~ enclosed with the permit or a copy of letter"of approval shall be protected from the weather and posted in a conspicinu~ location at the work site until completion of authorized work. At least 48 hours prier to commencement of the project, the permittee s~atl complete and return the top portion of the enclosed receipt form certi~ying that he is fully aware of and understands -11 provisions and conditions.tel this permit. Within one week of completion of the permitted work. the bottom portion of that form shall also he completed and returned. For projects involving activities to, be accomplished over a period or more than one year. the permittee shall notify the Regional Permit Ad~%nistrator in writing at least 48 hours to the commencement of resumption of work each year. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permi~ee is advised that substantial modification may require sub- mission of a new application for permit. All necessary precautions shall be taken to preclude cont~4nation of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in~rriting, shall be treated as a violation of the Envirommental Conservation Law. I...The permlttee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Reg~ulatory Functions Branch), prior to commencement of work authorized herein. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands under water. Regional Permit Administrator N~S Dept. of EnviroementalConservation Bldg. 40, SUA~--Room 219 Stony Brook, NY ~1794- (516) 751-7900 DEC # 10-85-1368 Page 3 of-3. NOTICE OF CO~W2fENCEML%-r OF WORK h~$DEC, Regional Permit Administrator Bldg. 40, SUh]'--Room 219 Stony Brook, NY 11794 Permit No. Contractor Issued to '- Address Phone No i ................. Dear Sir: Pursuant to General Con'dition Number 1 of the above referenced permit you are hereby notified that the authorized activity shall commence on This notice is to be sent at least two days in advance of commencement of the project The permit sign %~I!! be posted at the site and copy of permit will be available sire for inspect/on. Submitted bX Failure to notify or post sign will leave owner and/or contractor subject to app!icabl penalties for non-compliancewith permit conditions. If there is more than one contractor - use attachments to list additional na~e(s), address(es), ,~qna number(s) and identifying work each one is to d~r. NOTICE'OF COMPLETION :- NYSDEC, Regional Permit Administrator Bldg. CO, SUh~--Room 219 Stony Brook, NY 11794 Perm_it No. .Issued to .Dear Sir: Pursuant to General Condition Number i of the above referenced permit you are hereby notified that the authorized activity was completed on '' Photos of completed work shall be forwarded wi~h this notice. Submitted b~ (This notice is to be sent. to above address promptly upon completion of project). Failure to-notify %~!! leave owner and/or contractor subject to applicable penalties for non-compliance ~th permit conditions. New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the EnvirOnmental Conservation Law for work being conducted on this site. For further informa- tion regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. David DeRidder Alternate Regional Permit Administrator Permit No. 10-85-1368 Expiration Date December 31, 1987 NOTE: This notice Is not a permit co~r.J~Y OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES Date 'RE: DAVID HARRIS. M.D., M.P.H. We are in receipt of your letter dated ,,~¢~T/~ I~$V concerning the above referenced project. ~ [] 1. This Department has no objection to your designation of lead agency status. 2. This Department is in agreement with your initial determination, 3. This Department does not agree with your initial determination. See Comments. Insufficient information is available for technical comments, There is no record of an application to this Department. A more accurate project locatiin is needed. (Suffolk County Tax Map #) ~'l 6. This Department has received an application and it is: [] Complete [] Incomplete [] Other: 7. It appears that the project can be served by: Sewage Disposal System [] Sewer System and Treatment Works F'l Subsurface Sewage Disposal System(s} Other: 548-3318 l.la~r Suppl~/ S~'stem [] A Public Water Supply System [] Individual ~ater Supply S'¢stem(s) [] Other: Con~nents: 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 Article V and VI, and relevant construction standards fcr water supply and sanitary sewage disposal. These considerations are to be reviewed completely at the time of application, Full consideration in placement of water supply wells and disposal systems is given to state and town wetland requirements. The Health Department 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 Article XII, The Lead Agency is requested to forward a copy of this form to the applicant with its findings. Further comment may be provided upon completion of the application review. Phone ~' FORM NO. 3 ~P 14 ~984 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~ .~.'~.~. ~.%~.~.,, .~: .%,,, .~ ~,., PLEASE TAKE NOTICE that your application dated....~. ~..,~?.~..~%..... I .~ ...... 19 .~.~.. for permit to ~- - T."~I. · .~.' - .c~.·-- ....... .... ....... ..... ........... at ,~..-.. Location of Property ~?s~' .~,l~..a~' i,.~ ~...~.~10... ~...O.n~..).....~ .i~-l~.~ ............ u e o. ! Street Hamlet County Tax Map No 1000 Section .... ].~. ] ..... Block .... .~ ........ Lot ....}..~.. ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~..'~. ~.~... :..~-~....~. ~.. .......................... .-:.~.....~.:.:1)?.~ .... ~.~..~. ..... ~..~. q Building Inspector RV 1/80 '.. s 8outhold, N.Y. 11071 (518) 785-1088 August 17 , 1984 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of Douglas Miller, located at Laurel. This project is unlisted and an initial determination of non-significance 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 August 31, 198 4 We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act% and our agency will assume the status of lead agency. enc. cc: Department Yours truly, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secret~ry of Health Services ~.' '~ ..... LAW OFFICE G:~O:RGE O. GUL:DZ NEW YORK, NY [0001 August 9, 1984 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Application of Miller Tax Map 1000-121-4-10 Dear Sirs, Thank you for advising me by telephone that the above referenced matter had been adjourned from the July 30, meeting of the Planning Board since the Board has not received any response from the town attorney to my letter dated May 7, 1984, a draft of which was sent by me to the town attorney on May 2, 1984. While we appreciate the dedication and diligences of the members of the Board we are constrained to point out that the application has been complete and pending since the beginning of the year and the delay in receiving an~'response whatsoever from the town attorney seems excessive. , ~, While we do not("requeat, th~'t the Boa(~-(a~.~in the absence of the advice of counsel'%~ r'espect~ull~ r~est that every effort be made to obtain that adv'ice so t~at we can pursue our application and complete our obligations under our contract. Please notify me as soon as any response from the town attorney is available, and advise me when we are next on the Board's agenda. Very truly your~ Gerard P. ~oehringer, Chairman Southold T~wn Board of Appeals F~OMs Jolm W. Davis ACCESS ROAD, 1350 Ft. EAST OF KIRKUP LANE ON ~OUND AVenUE RUNNING SOU~ AND ~E~T TO MINOR SI~DIVISION OF DOUGIAS~ MILLER ~he existing road in the 20 ft. pri~te' R.O.W. with the exception c~' the first 250 +~ ft. "is in cleared areas with a total measured length of 2018 ft. The 250 ft. length meanders ~ in order to miss trees. I doubt if par~s cf it are in the R.O.W. ~he road material consists cf stabilized sand and medium size gravel on hard-packed sandy loam. The width is not uniform, varying from § ft. to 22 ft. (widths sho~n on plans). The profile grades are acceptable but the surface is not good, there are numerous potholes and depressions through- ! out. Test holes and depths of potholes indicate from 2" to 4" cf sand and gravel. Tee continuation ~f this road in the 25 ft. R.O.W. is all in heavily wooded areas. Total length, this R.O.W. using the inside right turn, ~ased on distances from a Van .~Ayl map is 1608*-ft. The width is approximately 8 ft. to 9 ft. but in a few places n~rrows do~n to 71ft. in going between trees. Some sections are 12" or more below'th~ existing adjacent 'surface. ~he road material is a mixture of sand, loam and some gravel. Test holes show about a 4" depth with some areas having more gravel than others. ~here are a few sm~ll washouts and depressions in the length. ~he road profile is good except for the last 250 ft. ~here there are steep descending grades to the end of the road. Water from the lake~ was standing in part of the 75 ft. length area as shown on the ¥.~ller ~p. ~he water level was about 5 ft. below the end of the road. (See edge ~f wetlands as indicated on the m~p). Water has been observed at this location by others on previous dates. According to other maps, the R.O.W. does not go through the 7~ ft. length area. RE~O~E~ENDA~O~: In my opinion the subject road should not be considered for access to the subdivision. ~lthough the part in the 20 ft. R.O.W. could be repaired and a uniform road width determined, the existing conditions in the 25 ft. R.O.W. present problems. The problems are as follows~ 1. Poor alignment (tight turns). 2. Road should be widened - grading neeessary. 3. Widening would rec:~ire removing trees. 4. Sight distance on turns not good in wooded areas. 5. Access to property 'would require placing fill in wetlandS from the end cf the road throu~ the 75 ft. length and on t$ upland. Do not believe this wo~,~.d be approved. SCHEFFLER GULDI KARLINSKY ~ STEIN ~75 iV~ADISON AveNue NEW YORK, New YORK 10016 May 8, 1984 45 MAIN STREET SOUTHAMPTON, NY ]1~68 (5]6) ~83~8288 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: Application of Miller Tax Map 1000-121-4-10 Dear Members of the Planning Board: This letter is to confirm our understanding that the above-referenced application for approval of a minor subdivi- sion has been referred by the Board to the Town Attorney for an opinion with respect to the exclusion of wetlands from lot sizes for subdivision purposes of the lots in this minor sub- division. As is outlined in my letter of May 7, 1984 which was delivered by hand to the members of the Board, I do not believe that the exclusion of wetlands from lot sizes is per- missible under the existing laws of the Town of Southold. As the Board is aware, and the contract of sale which is filed with the Board indicates, there is substantial pressure from the seller of this parcel to complete the Board's examination and review of this application in order to permit the closing and transfer of title to occur. While I appreciate the extraordinary workload and pressures that the Board operates under, I request that the Board hear and deter- mine this matter at its earliest possible convenience. Be- cause of these time pressures, and on the assumption that the Board would need the advice of its Counsel, I took the liberty of forwarding a draft of the letter to the Town Attorney on May 2, 1984 prior to its submission to the Board. As a supplement to those arguments presented to the Board at its hearing on May 7, 1984, there are a few addi- tional observations I think are important to bring to the Mr. Bennett Orlowski, Jr. May 8, 1984 Page 2 Board's attention. The simplest characterization of the issue to be determined by the Board is basicly a mathematical deter- mination. The parcel in question has a total area in excess of seven acres and has been designated and taxed as such since at least the 1960's. The question mathematically is whether the two-acre zoning as applied to the seven plus acre lot re- sults in at least three lots as is proposed by the subdivi- sion, or in two lots as has been suggested by the Board. We submit that under the applicable law a three-lot determination is proper. In addition, we must point out that the character of the area in which this proposed subdivision lies is composed of substantially smaller lots than the dry upland portion of the lots proposed by the subdivision. Furthermore, we have been advised that the 47 acre track to the west of the subject of this application has recently been acquired by a corpora- tion with the intention of proposing a major cluster subdivi- sion along and around the 800 feet of lakefront which that lot has. Under the cluster subdivision regulations, the lot sizes of the future potential development to the west would also be smaller than the three lots proposed in this minor subdivi- sion. It would be manifestly unfair, as well as contrary to the zoning laws, to compel the applicant to divide this parcel and develop lots which were vastly larger than any of the ex- isting lots or potential future lots in the area. For the reasons set forth in this letter and for the reasons set forth in the letter dated May 7, 1984 and provided to the Board, we submit that there is no proper basis upon which the application for a three-lot subdivision of this par- cel can be denied. Please advise us of the scheduled date for the next Planning Board meeting so that we may attend. Feel free to contact me if you have any questions or require any additional or supplemental information. cc: Mr. Douglas Mil~er SCHEFFLER GULDI IrkARLINSKY ~c STEIN 275 MADISON AVENUE NEW YOr~, NEW YOrK 10016 (212) 532'2OOO May 8, 1984 1 198 Mr. Henry Carroll Real Estate Department Long Island Lighting Company 1650 Islip Avenue Brentwood, NY 11717 Re: Miller Subdivision of Suffolk County Tax Map 1000-121-4-10, Town of Southold, Vicinity of Laurel Lake Dear Mr. Carroll: Pursuant to our telephone conversation of today, en- closed please find a photocopy of the current sketch map show- ing the proposed subdivision of the parcel in question. As I have indicated in red on the sketch plan, the center line of the Long Island Lighting Company transmission lines seems to be located somewhat to the south on the west side of the par- cel and somewhat to the north on the east side of the parcel to that line which is indicated on the sketch map. Pursuant to our conversation today and as a result of the request of the Southold Town Planning Board, could you please advise me in writing of what the minimum legal required setbacks for the erection of a single-family dwelling of less than 35 feet in total height would be from the actual line of the transmission lines. In addition, I would appreciate any information you could give me relating to the history and experience of Long Island Lighting Company with respect to injuries resulting from these power lines falling down and/or the frequency with which the lines have fallen. If this information is readily available, I would like to use it in order to evaluate the nature and scope of any potential risks of occupying a dwel- ling in proximity to these lines. Mr. Henry Carroll May 8, 1984 Page 2 As we discussed in our conversation, these power lines cross the high density/high use parking lot of the shopping center located at the southwest corner of the intersection of Route 58 and Roanoke Avenue in Riverhead. In addition to the above information, if you could advise me of any other high density/high use locations in which these power lines are in very close proximity to buildings and/or parking lots. cc: Ve~ry truly yours,_.~ Southold Town P~nning Board Southold, N.Y. 11971 (516) 765-1938 May 10, 1984 Mr. Robert Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: Miller at Laurel minor subdivision application Dear Mr. Tasker: The'~lanning Board had requested that the wetlands be deleted from the buildable base of the above mentioned subdivision. The attorney for the ~pplicant, Mr. George O. Guldi, is objecting to this request. The"Board was'~presented with the enclosed correspondence stating the reasons for his objection at the regular meeting of May 7, 1984.' It was the concensus of the Board to ~equest your opinion on the correspondence and direct the Board as to how they should proceed wi~h this application. Thank you for your assistance¥' Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN By Diane M. Schultze, S~cretary enc. Southold Town Board of Appeals MAIN ROAO- BTATE; ROAD 25 BOUTHOLD, /.I.. N.Y. 11971 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 323] Application Dated March ]9, ]984 (Public Hearing June 2], TO: George O. Guldi, Esq. as attorney for DOUGLAS MILLER Scheffler Guldi Karlinsky & Stein 275 Madison Avenue New York, NY lOO16 ]984) [Appellant(s)] Copy to 9 Griffing Avenue, Westhampton Beach, NY 11978, At a Meeting of the Zoning Board of Appeals held on June 28, ]984, the above appeal was considered, and the action indicated below was taken on your [X] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Upon application for DOUGLAS MILLER, Montauk Highway, Quogue, NY for a Variance for approvals of accesses, New York Town Law, Section 280-A, over two private rights-of-way, one known as "Kirkup Lane', and the other as "Laurel Way" located at the South Side of Sound Avenue, Mattituck, (near Laurel) to premises identified as County Tax Map Parcel No. / 1000-12l-4-10 containing approximately 7.2 acres. ~!-, The board made the following findings and determination: By this application, applicant seeks: (a) approval of access a 20-25 foot right-of-way having traveled widths of approximately: Ill nine feet within a length of approximately 2,018 feet and [2] eight to lO feet narrowing in places to seven feet for a length of approximately 1,608.59 feet, known and referred to as "Laurel Way Right-of-Way"; and (b) approval of access over a 16-foot right-of-way along the easterly side of a 47.136-acre · parcel presently owned by Peconic Homes Corp. having a traveled width of approximately lO.feet for a length of approximately 1,665.18 feet, known and referred to as "Kirkup Lane" to the 7.2-acre parcel in question (now or formerly of Mulvihill) identified as County Tax Map District lO00, Section 121, Block 04, Lot 10. Both rights-of-way are more particularly shown on the map prepared by Young & Young revised April 10, .1984, Survey File No. 84-146. Concerning "Laurel Way Right-of-Way," the first 250 feet, plus or minus, meanders in and out of treed areas and it is questionable as to whether the traveled right-of-way is within its legal perimeter. The road material consists of stabilized sand and medium size gravel on hard-packed sandy loam, and the surface has numerous potholes and depressions to two to four inches, along the 2,018-foot length. In continuing down this right-of-way, the board also found many sections 12" or more below the existing abutting grade levels. This southerly portion of "Laurel Way" has a base consisting of varying mixtures of sand, loam and gravel; and the surface has a few small washouts and depressions. Within the last 250 feet, more or less, there are steep descending grades to the end of the road. At the times of inspections, there was water from the Lake standing in the latter 75-foot length (CONTINUED ON PAGE TWO) DATED: July 19, 1984. CHAIRMAN, SOUTHOLD TOW/q ZONING BOARD OF APPEALS )eal No. 3231 of DOUGLAS MILLER Rendered June 28, 1984 area, and the water level was about five feet below the end of the road. It is the recommendation of our town road inspector that the "Laurel Way" right-of-way should not be considered for access because of poor alignment and tight turns, narrow road width and necessity of tree removal, poor sight on turns, necessity of filling of wetlands in the last 75' area unless an alternative route is made. This board recommends an alternative route extending northerly rather than this 75' westerly to avoid filling or changes to the Lake area, as well as the extensive improvements (as stipulated below) . Concerning "Kirkup Lane" right-of-way, it is the opinion of the board that same would be the better choice since the surface consists of compacted gravel with depths of 3" on a hard-packed base of sand and loam. The traveled road appears to be within the 16' width shown on the Young & Young map, is stable and in good condition, and has an even profile. If subdivisions are proposed or pending concerning property having access within this right-of-way, an updated review and additional widening must be considered to a minimum of 16 feet wide, and possibly greater depending upon the circumstances. The applicants are aware that they may or may not have a legal right to use the presently traveled "Kirkup Lane" right-of-way due to the terminology in the deed to James V. Mulvihill at Liber 5109, cp 35, recorded January 10, 1962; therefore, the decision made under this application is subject to a legal right to use either of the subject rights-of-way in behalf of the applicant(s). In the event it is found that applicant(s) or subsequent owners will not have a legal right to use this "Kirkup Lane" right-of-way, and also that no improvements are made to the "Laurel Way" right-of-way as stipulated in this decision, then the applicant(s) or subsequent owners to this property will be required to return to this board lack of approved access pursuant to New York Town Law, Sec. 280-A. In considering this appeal, the board also determines: (a) that the relief requested is not substantial; (b) that by granting the --relief requested, the character of the neighborhood would not be adversely affected; (c) that by allowing the variance, no substan- tial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the relief requested will be in harmony with and promote the general purposes of zoning; (f) that the plight of the owner is due to unique circumstances; (g) that in view of the manner in which the difficulty arose, the ~relief requested cannot be obviated by some method feasible to appellant other than a variance, and (h) that the interests of i.justice will be served by allowing the variance, as indicated below.. ~'~' Accordingly, on motion by Mr. Goehringer, seconded by Mr. sawicki, it was RESOLVED, that Appeal No. 3231, application made for DOUGLAS 'MILLER, for approvals of accesses over two rights-of-way as T~-~ted in this board's findings, BE AND HEREBY IS APPROVED, 'SUBJECT TO THE FOLLOWING: l. Either or both rights-of-way (Laurel Way or Kirkup Lane) shall be improved a minimum width of fifteen [15] feet and as noted below: (a) KIRKUP LANE RIGHT-OF-WAY: -. [1] All new cuts be surfaced with similar materials as exist in present traveled roadway, with a minimum 20% gravel content; [2] Brush shall always be cut back to allow for suitable unobstructed access. '(CONTINUED ON PAGE THREE) // 1 No. 3231 LAS MILLER Decision Rehdered June 28, 1984 LAURELWAY RIGHT-OF-WAY AND EXTENSION: _ k----~- Il] Trees must be removed and right-of-way within 15-foot width; [2] regraded That the right-of-way starting at the 16'-width mark (at a point approximately 1,750 feet from Sound Avenue) shall have an unobstructed width to 16 feet, and regraded the full 15-feet in width; [3] Access route shall be within the legal perimeter of this right-of-way; Entire right-of-way must be regraded to level of existing abutting properties along this right-of-way and improved with 20% of gravel or stone blend content and 80% bankrun (to a minimum depth of four inches in all areas); [4] No construction of a bridge, or modification or changes to existing lake area without approval of the N.Y.S. Department of Environmental Conserva- tion, this board, and any and all other necessary approvals; [5] If an alternative route is agreed for the last 250 feet of this right-of-way over property presently of Macari, said alternative is subject to this board's inspection and satisfactory acceptance for access by emergency vehicles, as well as the applicant obtaining a legal right [6] over same; [7] Redesigning of this right-of-way to prevent water runoff into wetland and/or lake areas. County Tax Map District taining 7.2 acres. Vote of the Board: Douglass and Sawicki. TI',~o ,':~,.,l,.,L;u,, .c,.~ adup ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~3~/~'",~ HOUR /<',~5"'.~,//~. Town Clerk, Town of Southold 2. All subdivisions, pending or proposed, having a legal right over either or both rights-of-way in question, will be required to reapply to this board for an updated consideration for additional improvements as may be necessary for emergency vehicles; 3. Either or both rights-of-way which will be traversed by the applicants must be continuously maintained in good and satisfactory condition for access by emergency vehicles; 4. All brush and other obstructions must be cleared to allow for proper, unobstructed access; 5. Upon written notice to the Board of Appeals, an on-site inspection as authorized by the Board of Appeals must be made of the improvements and must be accepted by this board as satisfactory prior to the issuance of a Certificate of Occupancy; Location of Property in Question: South Side of Sound Avenue, Mattituck, near Laurel, New York; more particularly identified as lO00, Section 121, Block 04, Lot 10, con- Ayes: Messrs. Goehringer, Grigonis, ember Doyen of Fishers Island was absent. ed by unanimous vote of the members present. , July,,Z-/ , 1984 SLaY Southold, N.Y. 11971 (516) 765-1938 May 15, 1984 Mr. Daniel S. Jacoby 383 Andrews Road East Williston, NY 11596 Dear Mr. Jacoby: As per your request, enclosed is a copy of the proposed subdivision of Douglas Miller at Laurel. Also enclosed, is your receipt. ~y truly yours, ~iane M. Sch%~tz~; Secretary Southold Town Planning Board enc. POP'IL S L~~ Y Southolfl. N.Y. 11971 (516) 765-1938 May 7, 1984 Mr. Daniel Jacoby 383 Andrews Road East Williston, NY 11596 Dear Mr. Jacoby: Please be advised that the money to be enclosed with your request for copies of the Miller and Horton applications was omitted. Please forward a check for $1.00 and I will send you a copy of the map for the proposed Miller subdivision. If you have any questions, please call the office. Very truly ~.ours, , Secretary Southold Town Planning Board SCHEFFLER GULDI E_h_I~LINSIiY 8( STEIN 2?5 MadisON AVENUE New YORK, NEW YOrk 10016 May 7, 1984 MAIN STREET SOUTHAMPTON~ NY }1968 Mr. Henry E. Raynor, Jr. Mr. Bennett Orlowski, Jr. Southold Town Planning Board Town Hall Southold, New York 11971 Re: Application of Miller Tax Map 1000-121-4-10 Dear Sirs: I have been informed that 4, 1983, the Southold Town Planning vised by the To___wn Attorney that the: by letter dated February Board ("Board" was ad- Section A 106-36A of the Planning Board's subdivision regulations provides, in part, that 'land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy . . .' I would construe this to Bean that only the ~D~n~ con~idere~d~par~ bf a-lotJ I By this letter I will attempt to summarize our posi- tion with respect to this question in the hope that some reso- lution is possible through dialogue. It is our position that the Code of the Town of Southold provisions of ~ 106-36 Drain- age Improvements relate to questions of Drainage Improvements, and that the Town Codes express provisions relating to Lots (~ 106-35) and the Zoning Laws Incorporated by reference in that provision control lot sizes. In those instances where the provisions of the Zon- ing Ordinances have been intended to exclude portions of a parcel from its area for purposes of computing lot sizes the zoning ordinance has made express provision to do so. For ex- ample, in the subdivision relating to cluster developments § 100-136(A)(1) there is such an express limitation as the one which the February 4, 1983 letter concludes can be supported on the basis of the drainage regulations. SCHEFI~LER GULDI I~ARLINSI{Y & STEIN Mr. Henry E. Raynor, Jr. Mr. Bennett Orlowski, Jr. May 7, 1984 Page 2 I respectfully submit that such a construction of the drainage regulations cannot be supported. The require- ments of hearings and notice to amend zoning regulations must be complied with in order to affect a substantive change of the law. The argument that the intent of S 106-36C was to ex- clude wetlands from lot areas cannot stand in light of the ex- press language used in the Zoning Law to accomplish that re- sult where it was desired. In order to change the law the Town must do more than place a new and unsupported meaning on the words of the existing Code. While the objectives of preserving wetlands, and of controlling the rate of growth in the area are no doubt lauda- tory, before a change in the law to exclude wetlands from lot areas for all purposes is considered, there are substantial, and perhaps grave economic consequences to the Town of the ex- istence of such a provision which must first be carefully con- sidered. This letter is not an adequate way to fully discuss those issues but will only seek to point them out. The two primary possible consequences to be dealt with are firstly, the direct costs to the Town of such a policy, and secondly the affect of such a policy on the tax base of the Town. Direct Costs to the Town "The Tidal Wetlands Act", New York Environmental Conservation Law, Act 25, effective September 1, 1973, gives full power over the regulation of tidal wetlands to the De- partment of Environmental Conservation ("DEC"). Among the criteria specified for the DEC to consider denying or granting an application for a proposed use the DEC must consider the possibilities of inter alia flooding and storm dangers. The constitutionality of the provision is preserved* by Section 25-0404 which provides: * Cf. Chase v. City of Glen Cove, 34 Misc.2d 819, 227 N.Y.S.2d 131 (1962); Vernon Park Realty v. City of Mount Vernon, 307 N.Y. 493, 121 N.E.2d 516 (1954); City of Plainfield v. Bor- ough of Middlesex, 69 N.J. Super. 136, 173 A.2d 785 (1961); Sanderson v. City of Willmor, 162 N.W.2d 494 (Minn. 1968). SCHEi*FLER GIJLDI I{ARLINSKY & STEIN Mr. Henry E. Raynor, Jr. Mr. Bennett Orlowski, Jr. May 7, 1984 Page 3 Any person aggrieved by the issuance, de- nial, suspension or revocation of a permit may with- in thirty days from the date of the commissioner's order seek judicial review . In the event that the court may find that the ~etermination of the commissioner constitutes the equivalent of a taking without compensation, and the land so regu- lated otherwise meets the interest and objectives of this act, it may, at the election of the commis- sioner, either set aside the order or require the commissioner to acquire the tidal wetlands or such rights in them as have been taken, proceeding under the power of eminent domain. Given the relative value of the undeveloped wetlands in the Town, and given the requirement zoning regulations must be applied in a nondiscriminatory manner,* the possibility that the Town could be required to condemn all wetlands with respect to which subdivision application would be economically devistating (e.g., Russo v. New York State Department of En- vironmental Conservation, et al., Supreme Court, Nassau Co. January 13, 1976, Kelly J.). While most wetlands in the Town are already part of existing subdivisions, as is discussed in Part 2 of this letter, there would be substantial impact on the Town because of the very high value of that wetland which is as yet undeveloped. Effect on Tax Base Lands which can be utilized for no purpose, must be appraised at nominal value for Real Estate Tax Purposes (e.g., Russo v. Board of Assessors, County of Nassau, (1976). Land which is of a similar nature, description and use must be assessed on an equal basis. The economic effects of removing all land subject to flooding from the tax roles of the Town would result in the virtual economic collapse of the town or in mainland property tax payers suffering vastly increased tax burdens. * See, Matter of DiMaggio v. Brown, 19 N.Y.2d 283, 279 N.Y.S.2d 161, 225 N.E.2d 871; Myer v. Myer, 271 A.D. 465, 66 N.Y.S.2d 83 aff'd 296 N.Y. 979, 73 N.E.2d 562 (19 ); Matter of Posner v. Rockefeller, 31 A.D.2d 352, 297 N.Y.S.2d 867. SCHEFFLER GULDI I~ARLINSI(Y ~ STEIN Mr. Henry E. Raynor, Jr. Mr. Bennett Orlowski, Jr. May 7, 1984 Page 4 Less Drastic Alternatives The apparent objectives of a provision excluding land subject to flooding from lot areas can be readily achieved though less drastic alternatives than those discussed herein. The most obvious alternative is the upzoning of the areas in question to larger lot sizes. Upzoning would result in reduced demands on the water table, environment, and not have the adverse economic effects of requiring condemnation or removal of property from the tax roles. The recent upzoning of the area in which this proposed subdivision lies, has to a large extent accomplished this result. The Current Application The application of Miller with respect to this par- cel is an application which exceeds current standards. While the parcel consists of 7.2+ acres and is zoned for 2 acre de- velopment this application is for a subdivision of only 3 lots each of which exceed the minimum lot size by at least 25%. Each of the proposed lots will provide more than adequate set backs from all proposed boundries, with ample set back from the wetlands. The proposal provides for the permanent preser- vation of the wetlands on the parcel, while leaving those wet- lands under private ownership and on the tax role. Conclusion While the bulk of this letter deals with the conse- quences of a change in the laws of the Town of Southold to ex- clude all wetlands from lot areas for zoning purposes, we must reiterate that it is our position that a new interpretation of the existing provisions with respect to the drainage regula- tions of subdivisions constitutes a change of law without com- pliance with the mandatory steps for amendment. Furthermore, by this letter we attempt to point out some of the issues that would be created, if an amendment, to the effect of the suggested interpretation were to be adopted. I remain available to further discuss this proposal at the convenience of the Board, its counsel or other repre- sentatives, please feel free to contact me. SCHEFFLER GULDI IiiRLINSKY ~ STEIN Mr. Henry E. Raynor, Jr. Mr. Bennett Orlowski, Jr. May 7, 1984 Page 5 vey which Lane. Also enclosed are six has a key map showing copies of a supplemental sur- the travelled route of Kirkup Enclosures ROBERT W. TASKER Town Attorney OFFICE OF TO~ ~T,T, ORNEY · I'OWN OF SOUTHOLD 425 MAIN ST. G~E~ORT, L.I., NEW YO~ 11944 February 4, 1983 TELEPHONE (516) 477-1400 Henry E. Raynor, Jr., Chairman S0uthold Town Planning Board Main Road Southold, New York 11971 Re: Proposed Minor Subdivision - Hanauer Dear Henry: With respect to the above subdivision you have asked me whether the Planning Board should compute areas below water. Section A 106-36C of the Planning Board's subdivision regulations pro- vides, in part, that "land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy . . ." I would construe this to mean that only the upland can be considered part of the lot. Yours very truly, RWT:aa ' A4 ZO°23¥O"E. "' .... ~ ~ P*7Ot:'OSED 25 R 0 W. LOT 2 : LOT' SGSooG'Od'W. SCHEFFLER GULDI t~kRLINSKY & STEIN 275 MADISON AVENUe NEW YORK, NEW ¥ORlq 10016 (212) 532-Z000 April 2, 1984 Appeals Board Southold Town Main Road Soutnoid, New York 11971 Attn: Mr. Gerard P. Goehringer Chairman Re: Appeal #3231 - Douglas Miller Dear Mr. Goehringer: I am in receipt of your letter dated March 26, 1984 with respect to the appeal described above. Your understand- ing that our application is for use of the existing rights of way is correct. The application should be considered in two parts. Laurel Way The deed description of the right of way along Laurel Way is set forth in the deed to include a right of way as it exists, whether or not the route has been changed. Therefore, the question raised on this application does not relate to the use of the Laurel Way access. Kirkup Lane The right of way along Kirkup Lane is not estab- lished by the deed alone but, as the accompanying affidavit of Joseph Mulvihill evidences, has been established by 22 years of use of Kirkup Lane under a claim of right. The perfection of an easement by adverse user is a well recognized principle of law in the State of New York, and all of the necessary ele- ments to prove such a claim are set forth in the aforemen- tioned affidavit. mence along If the Board determines that it is necessary to com- an action to establish the validity of this easement Kirkup Lane, we respectfully request that they direct us SCHEFFLER GULDI KA--RLINSKY ~ STEIN Appeals Board April 2, 1984 Page 2 to do so. We further request that the Board approve this ap- plication insofar as the use of a right of way along Laurel Way is not in question, that they approve so much of this ap- plication as related to Laurel Way, regardless of any addi- tional requirements you may have with respect to Kirkup Lane. GOG/ljl cc: eorg~O. ~i Mr. Victor Lessard Planning Board SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of : Douglas Miller : Index No. JOSEPH R. MULVIHILL being duly sworn states: 1. I am an attorney duly admitted to practice before the Courts of the State of Georgia, and am the son of James V. Mulvihill and Agnes Mulvihill. 2. On or about the 8th day of January 1962 my father James V· Mulvihill purchases a parcel of land in the Town of Southold descrbed as Tax map 1000-121-4-10. 3. Annexed hereto as Exhibit "1" is a copy of the deed by which my father acquired title to the property which deed sets forth a legal description of the property and its rights of way. 4. Among other things the deed states; Together with a right of way 20 feet in width from the north-westerly corner of the premesis, northerly along land formerly of Kirkup approximately 1600 feet to the highway known as North Road or Sound Avenue. 5, Since the date of our acquisition of the property, under the terms of our deed, I and the other members of my family have openly and consistently used Kirkup Road as our principle agess to our land as described herein, claim that we have a right to do so. 6. The use of Kirkup Road as our primary our land has acquired under our not been interupted or challenged title in 1962. access to since we Sworn to before me this day of 1984 ~_ L.otary P~lic , Geor~'ia, State ~:t La;~ My Coil~ms~on f.,~re$ Jen. 27. 1987 ,~JJSEP~ R. MULVIHILL Southold MAIN ROAD-STATE ROAD 25 Town Board of Appeals SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March 26, 1984 George O. Guldi, Esq. Scheffler Guldi Karlinsky 275 Madison Avenue New York, NY lOO16 & Stein Re: Appeal No. 3231 Douglas Miller Dear Mr. Guldi: In reviewing your recent application for a variance for approval of access, we find that it lacks the required map certifying the legal access to the premises and indicating the existing traveled right-of-way abutting same. It appears that you are requesting access over the existing traveled right-of-way which may not be within the bounds of the legal conveyed right-of-way. If it is your intention to utilize the existing traveled right-of-way, please provide us with an easement or other legal document giving you that right. If our understanding is incorrect, please clarify your request in writing. Thank you for your cooperation. Yours very truly, Enclosures cc: Mr. Victor Lessard Building Departmen~lb~ Planning Board~ GERARD P. GOEHRINGER CHAi~RMAN FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date..~..a~...~... File No ................................ To . .~.'...e~.~. ~.,~...~.:...~.....~.'...~.' ........ .. ~?.~...~. ~ ~...0~...., ....... ~¥.,. '~ ~.~¥..~. ..... ¢. _ --- . .O,, .~.~., .~.... ~'LE^SE T^KE NOTICE that your application dated .... ,~...~...~.. ?..'~. ........ l~..~.~.. --~aan~m~~. ~.'.'%.. ff.%c...cy~.~.. ~.. ,a~., .~...~....~..~..: ...................... at Location ofProperty ~ ...'~2~..'q..O~...c..O~....~..~....~..o....~....,~..~..~..... House No. I .............. Street Hamlet County Tax Map No. 1000 Section ...]..~.. ! ...... Block .... .0..t~ ...... Lot .. ?..0 ......... Subdivision ................. Filed Map No ................. Lot No. -- is returned herewith and disapproved on the following grounds.. ~ .~..C...e~.....~. ~. ..~...~.(~..~...~.....(~..)...~...~. ~....~..~ ~ ~.o. ~ ~,~.,~,,~.. '] ~r ,~' ~ , I,'2 'q~ /-} ~, . ,., -~ ............. ~'0' .... .-~ ~::..~.~.. %~.~,-~ .~...~...,.~.., ~..~,3,~.~.~.~.~.: .............................. Building Inspector RV 1/80 SCHEFFLER GULI)I KAxRLINSKY & STEIN 275 MADISON AVENUE NEW YorK, NEW YOrK March 13, 1984 Planning Board Town of Southold Town Hall Southold, New York 11971 Re: Application of Douglas Miller for Minor Subdivision of Tax Map #1000-121-4-10 Dear Sirs: Enclosed are the following documents in support of the above named application for a minor subdivision: a) 6 copies of contoured scketch map with names of adjoining owners and key map to streets. b) Fees of $75.00 for three lot application. c) Letter regarding drainage. d) Short Environmental Assessment form. e) Copy of Contract of Sale from Mulvihill to Miller. f) Copy of Mulvihill deed containing Legal description of property. g) 6 copies of a memorandum to the board describing proposed restrictions on lots of subdivision. If any additional information would be of any use to the Board or any of its members, please contact me and give me an opportunity to provide it. Please contact me as soon as a date for a meeting at which this application can be heard is set so that I can be certain to remain available. /truly~ MEMORANDUM To: SOUTHOLD TOWN PLANNING BOARD From: GEORGE O. GULDI Re: Minor Subdivision Application of Douglas Miller of Tax Map #1000-121-4-10 into three lots. Proposed Easements and Restrictions. 1) Ail three lots would have an unimproved pedes- trian right of way to a point at the intersection of lots B, C and the edge of the wetlands.* At the intersection point a bridge would be constructed to the peninsula and a nature walk will be built to the edge of the lake. The use of the nature walk and bridge would be an appertenant right of way of each lotowner. Maintenance of the bridge and nature walk will be a joint and several obligation of all three lotowners. Maintenance decisions and rules as to use will require the consent of at least two of the lot- owners. Apportioned shares of the maintenance expenses will become a lien against the land. 2) Lot B shall have an easment over lot A for the construcion and maintenace of a driveway to Kirkup road. Such easement shall be adjacent to the existing Lilco right of way. The construction and maitenace of this driveway will be the sole obligation of the owner of lot B. 3) The easements and rights of way as they exist in the Mulvihill deed, a copy of whic is provided herewith, will be preserved int the deed of the subdived lots. * For discussion purposes the proposed lots are refered to as A,B & C. Lot A is the western most lot, Lot B is the center lot and Lot C is the eastern most lot. Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: No grading, other than foundation excavation for a residential building is proposed. (1) (2) No new roads are proposed and no changes will be made in the grades of the existing roads. No new drainage structures or alteration of existing structures are proposed. Yours truly, (3) APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Toxvn of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Toxvn Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the ~'~'aea-ty~'L, rc~ ,~, ~..~c .ar.~ ::nazr :-~dca:;C,,r. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . .~..~...~...~--v ....................................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4, The land is held by the,~applicant under deeds recorded in Suffolk County Clerk's off/ce as follows: L'ber .... ..~./..~...~.. ...... Page ~ ~ On~.....//?J. ( ? .~. ~ Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; as devised under the Last Will and Testament of ........................................ or as distributee ........................................................................ ~ The are f th I nd is Z!.~. a o e a .......... acres. 6. All taxes which are liens on the land at the date hereof have been paid exeept .......... 7. The land is encumbered by ~ ~' ~6~. tla,~,'O¢ ~ mortgage (s) as follows: ............ (a) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by .......................... .......................... address (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... (c) Mortgage recorded in Liber ............ Page .................... in original amoum of $ ................ unpaid amount $ ................ held by ........................... .......................... address 8. There are no other encnmhrances or liens against the land except C4'~'~'~ ¢'1~- o.(. ........ .... 9. The land lles in the follo,ving zoning use districts /~-*r:~.~('.a.[ ........... I0. No part of the land lies under water whether tide water stream, pond water or otherwise, ex- 11. The applicant shall at his expense install all reqnired public improvements. 12. The land (,~) (does not) lie in a Water District or ~Vater Supply District. Name of Dis- trict, if xvithin a District. is 13. Water mains will be laid by ..~...~ ' and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will he installed by ..~ .... : ........................... .................................... and (a) (no) charge will be made for installing said lines. I5. Gas mains will be installed by .... ...~.r...~.~ and (a) (no) charge will b~ made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing pnblic streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the Iand which are not located and shoxvn on the plat. 19. Where the plat shows proposed streets which are extensions of streets oo adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunct£ons xvith the proposed streets. 20. In the course of these proceedings, the applicant xvill offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots shmving all restrictions, covenants, etc. Annex Schedule "D". 22. DATE Th~nt estimates that the cost of gradiug and required public improvements will be $ TY..-ff./. :. as it m~ - , ...... ~. e 'zed in Schedule E hereto aunexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Bond xvill be written by a license~ surety company unless otherwise shoxvn on Schedule "F". ....... .... (Name of ~plicant)~ "~ ............. ......... (Address) STATE OF NEW YORK, COUNTY OF /~'J~' ~ t~'*'' ~ on the./.. <..~.4. .... day of ~.C.~. .......... ' .~..~., before me ,ersona,ly came ~.,.e:.~..e....~....~.~.~.~, .......... to me ~uo,v, to he the ,nd,..'idna, desc,bed in and '...'h,~ executed the foregoing instrument, and acknoxvledged that . ..t~-~ ...... executed the same. Notary Public, State of New ¥o1~ · ·. · No. 24-4719188 ....... Oualified in Kin~s County. ~j~u Notary Publk: Commission E~ir~ ~arch ~0, ~' STATE OF NEW YORK, COUNTY OF .................................. On the day .............. of .......... , 19 ....... before me personally came ................................................ to me known, who being by me duly sworn did de- pose and say that ............ resides at No. ................................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public Southold, N.Y. 11971 (516) 765-1938 September 11, 1984 Mr. George O. Guldi Attorney at Law Scheffler Guldi Karlinsky and Stein 275 Madison Avenue New York, NY 10016 Re: Application for minor subdivision Douglas Miller at Laurel Dear Mr. Guldi: Please let this confirm the action of the Planning Board Monday, September 10, 1984. RESOLVED that the Southold Town Planning Board deny the application of Douglas Miller to subdivide property located at Laurel since with the deletion of the wetlands, the buildable area of the lots is less than 80,000 sq. ft.; therefore, lots of insufficient area would be created. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN Bv~Di~aTHOLD TOWN_ P,LAN~N3,Nq ~OARD,. Y . Scnultze, SeCretary jRS T:~'!CT lC;IS: ' (a) In order to ans~ier tile questions in thi', shor~ EAF it is assui that ~he proper'e; u~!1 use. curranLly ovaLlable &nForn, a¢ion concernLng projccL and ~he 11holy im:)acLs oF ~ha acL~on, i¢ is nec expected tha~ odd~t~ona] sLud&e.~, re:search or o~har ~nvas~Lgati0ns ~';&11 be undertaken (b) IF any quer.~ion has been ans',tared Yes Cha pro~ec¢ may be ~gn/F~can~ aad a co:npletad Env.tron~en~a! Asse~smen~ Form ~s naca:sary. (c) If all quesLion: have bean gnsvlered lie i~ is likel'y %hat (d) Envfro,~mtntal ,~sscr, nrnen~ . .': ~' ~'"~ p:'ojecL resuLt--in o large physical change [o ~J]c projec[ siLe or physically o!¢er more ~}'~,:n 10 acres of lan{~? ....................... Yea. X 2. %'1i!1 ~hcrc bca major cn..,]z.-'~' -~ ~o any unique or" -uhusuo! !¢:nd form found on %he siLe? ..... Ye~ 3. %'1ill pro,ccC ~ · .... · o~er or hc,/e o large e~cc~ 'XN existing body of we[er? .................. Yes r ' ' 5. ~'[111 pro~ec~ sLgn&F~ccn~ly efF'ee~ d~o~nage rte,., on odjacen~ sz,e'~ ............. .o Yes ~N & ~'.'~LL projec~ aFfiec~ a~), ~hrea~ened or - ' endangered p~on¢ or anSmo~ ~pec~es? .......... ~Ye~No 7. ~'/ill proje~ result in o major adverse effect. on air quolily? ............... : 8. Will prnjec~ ha:ye o major elf ecL on visua cbc;reeLer off ~he communi¢y or scenic views v~s~os known Co'be imporLon% ~o %he communiLy? 'Yes ~o ~. W~ll projec¢ adversely iai)ecL any ¢~ ~ ' ~ ~Iruclure of historic, prehistoric or ' polconlo!ogicol imporloncc or o;~y site designated o5 a crilica! cnvironmenlol area by a local agency? ........ ' ~ el,ecL on existing " or fu[urc rccreoliono] opportunilies? Yes~No 11. %,zl_ projeci resuli in .major ~roffic problems or. coune o major effect ia existing 12. %'/ill projecl .regularly cause oSjeclioneble odors, noi~e, glare, vibralion, or clcclricol disLurbonce os o rcsu!t of ~he projecl'5 opcralior,?.. - . . or .sofe.ty9 ..................................... Yes, ~No J i[y by ~ - 14. Will plo ecl affect the existing commun directly causing o 9ro~r%h in permcncnt populo~ion of more %hon 5 pcrce9t over o one yeor period or have o mo jot ncgalivc on the chorg~cr of the community or neighb°zh°°d? ................................. Yes ~No 15. ]~ [here public con[rovcrsy col'lcerr~i,~g pro joel? MEMORANDUM To: SOUTHOLD TOWN PLANNING BOARD From: GEORGE O. GULDI Re: Minor Subdivision Application of Douglas Miller of Tax Map #1000-121-4-10 into three lots. Proposed Easements and Restrictions. 1) Ail three lots would have an unimproved pedes- trian right of way to a point at the intersection of lots B, C and the edge of the wetlands.* At the intersection point a bridge would be constructed to the peninsula and a nature walk will be built to the edge of the lake. The use of the nature walk and bridge would be an appertenant right of way of each lotowner. Maintenance of the bridge and nature walk will be a joint and several obligation of all three lotowners. Maintenance decisions and rules as to use will require the consent of at least two of the lot- owners. Apportioned shares of the maintenance expenses will become a lien against the land. 2) Lot B shall have an easment over lot A for the construcion and maintenace of a driveway to Kirkup road. Such easement shall be adjacent to the existing Lilco right of way. The construction and maitenace of this driveway will be the sole obligation of the owner of lot B. 3) The easements and rights of way as they exist in the Mulvihill deed, a copy of whic is provided herewith, will be preserved int the deed of the subdived lots. * For discussion purposes the proposed lots are refered to as A,B & C. Lot A is the western most lot, Lot B is the center lot and Lot C is the eastern most lot. Price: WARNING: Nt) IIf:I'RE.'q*;N I'A'IIt)N lq MAI)I,'. 111 ~ I' IIIIS f~)llhl ()~ C(~NIII ~CI' IqHl 'IllE SALE AND PURCJIA~E(..PLAiN ENGI. ISII"). ~ ILEAL ESFAI E COMI'I.IES ~1111 SlCIION 5.7.2 Of' 'IllE ;kNI:IIAI I~ltl,l~;A lIONS I.A~ CONSULT YOUR LAWYER BEFORE SIGNING IF. NOTE: FIRE AND CASUALTY LOSS~: Ihls ,,,..~, I fs~m ,b..~ .,,t pro~hh, f,r sd~at h qq,,.us in th~ event of fire or cas.ah) It,ss bcf.rc lite thh. ~b>~i.ff. U,,h.~s dith..d i,ruxi~i,,u is made i~ lhis :. '~r:l~l SI'IIioll 5-13ll of the Gcnczal Oblig~ti ms Law still al,l,t~. One 3,att of Ihat las~ makes a lam ha~cr ri,sl,,.,.il,h. f,,~ lb,, :~11d ca~uahy loss upon laking of lille ~o or possession of Ihe premises. CONTRACT OF SALE mn,l- a~ ,.f the ~ ~' da) of Fobruary . 19 8,1 BE'IWE~ ~gnes ~ulvihi~l Addre~m: 2607 Cravey Drive N.E., Atlanta, Ceorgia 30345 hereinafter called .... SELLER , ~ho agrees to sell. ami Douqlas ~L Addr~: 101-18 97 avenue, Ozone Park, New York ll~t6 herelnaftercalled"PURCllA. ERK ' ". who agrces to buy: 7.4 Acres on North sLde of l.,a u ~ el L,~ke The properly, i,,ch.li,,g ail I,uihlh,g~ and i,,,p,,,~eu,e.l~ thence. ~tl,e IREMI.' ~I.S' " I.,,,.~ f,,ll~ d,'~cribed on a ~parate page marked "Schedule A") ami also kin,wa as: Street Address. Undeveloped Lot between Kirkup Way & Lake Way Tax Map Deslgnation: Suffolk Co. Real Pro~. Tax Map ~ 1000-~21-4-10 To~eth,'r svi~h $FLEER'S i.h. test. i~ m.. i. rights ap~klukeaallt to k{le s~rccts a,,d u,q,,hl a-a,d~ as ~,.t fmfl. h. l'a,a~,;q,h 9?ltd all land J~(: [udiug: r i. cthk s ['REMISES. unh. sa speciilcall: :'x:'lu:l,d m,,.h,~. $1,~.l l-Il ~h, hs tl,;:l It::': :::c I:.tid f,,r ~q~,:-d UT q~l.kl{ f:ce ami clear of any lleu other ~llan the EXISIING 51{)Ill(;XCL(SI. ~hidp J~[ ;lie not llulil,~,J t' phlnd,ing. hea6.g, lighli.g and co.ki~,g fixhucs, I,a~htoom a.d~ ~h~eat ~' n.;nt,'ls. ,h,,,r mhro~, x,..,ti:~,~ Idi.ds. shades, scree.s, a~ni.gs, st,,rm s'n¢,,s~b~? sh,~m d,,,,~, mall I[,xc~ sscath,.r xa,. ~. Ila~l.,h,.. ptu.p~, shrubbery, ft,~r-)~~ ~h,,l% di.h~sad,,.~s %%,tshilmg ,,m'.l,i,.,s. ,h,d.,s dzxcis. ,'.,d,t,.c di ...... u,,its, ranges. rights, and rights to land under water: whether acquired by deed or otherwise. The sale also includes all shrubbery-, plantings, aud (~Lh~.~ per- sonar property as may be on the property ak the tinuy oF closinq. Excluded Ir,mi II,is ~;,lt' are: Furnilure and household f,u,,id, lrlg~. Th¢',re are TI() iTn[~t:ovc, mcnts on this property. 1. a. The pur,'hase prieeis sixty-nine thousal~d Imyable as Iollow,~: 69,000.00 On the slgnblg o! this c~,ntrael. I,y check subject h, c.lh., 6,,,,. ~ C, , 900.00 By allowance for lite principal a,,x.unt still Zml,ai,I ,,,t ~ \l';lIN(; M()I|I/; hi;ElS). ~; -O- By a l'ur,'hase M,,ue) Nole att,I M,,rtgage Jr-in I'UIll II X<I I~ ~,,r :,s~is,~ I h, Sf'.l II It: a -0- B~ANCE AT CLOSING: ~ ~,P, t 00.0O /IrceptaAle Funds: "$ub/ectto" Provisions: Title Co.many Appro,~l: Closing Defined and Form o! Deed: Closing Date and Place: of and and Orderz: Pro~erO is Not New York: SEI.I Fit ht:,el,y 3. ,'ill money payahle und,.r this e.lllra, t. u,lless <,tl,~'rMs~. sperifi~,d, shall he either: a. Ca~.h, hul not o.'r o.e thou:.:..} ~$l.ltO(t.(lO) It-lIars. b, G.od crrti{]~,,I check .f PUIICII ~sl'~ll..r oflit iai ch, ,'k of a.y hank, saHngs bank, Iru~l conq~a~y, or savings and I.:m as~m,i:di., having a I,a.ki.g ,dEco i. Ihe ~lale .{ New ¥ ,lk ],.)aid,. I,> Ih,' ,,hh'r .f 51(I.I.ER. or I. the onh.r of I'1 II '.IIXSI']I a.d ,hdy 'ltd .-cd hy Iq} I~ II X~IR Iii a. i.,lividuall t. Iht, -nh,r .[ 5EI.LEI{ in the presem-r .f ~1,1,1 1]{ or SH.I,FII'5 alh,rney. c. Mon~.y other than Iht. purcha.e price, pa)al,lc ,O. IN(.. ma~ he hv c1.,, k .f I~URCIIASER up t,, f{],, :ltll,,~llll ~,{ O~e thousand i$ 1 . OOO- ) d,,llars, or d. As otherwise agreed I~ in wrili.~ hy SEI,I.LR -r 5EI,I.ER'5 attorney. 4. The I'IIEMISES are lo he Iransfern.d s.hject to: a. Laws and g.vet,m.'.tal regulalim,s that a~ett Ihe use and mai.h..ance .f th. I'IIEMIFE5, provided thai they ale nol vi-laird h) Ihe Imlhli.gs a..i il.[~rovenwuts ~lv~h'd b. Consculs f-r tile er,.~ li.n of an) slHlvllilt.s o11, umler or ab.se ally MlVt Is Oll Md,'h the 'IIEMIfiES al, ut. e. Enc~.at hmenls ~,f ~t.,TS' areas, r,'llar st,Ts, him :iud r.r.hes, if' lilly, ill}Oil ~lly sllt~{,l {~1 hlghsay. d. Easemen¢ of L.[.L. Co. for righ¢ of way. 5. SEI.[.Ell shall give and I'UllfAIASF~II shall ac,'q~t s., h title as a nle.ll,c~ ,.d The New Y-rk llmml .l lide UIId,'rx*lil{,ls, Mil be ssilli.g Io aH,i.ve and insure in accordance with Iheir slandard f,a.t of title italic), suhj.'l .n[y t. th,..~alh.~s pr.xidrd fi,r in this c,mtra,.t 6. "CI.()5ING" means the svllh'nlcnl of the ohligatim~s ,d 51':I,I,IZ ami PI Ri Il X~I(R to ead] other under this ~oel~acl,, ire'hiding .the ~,a)nl~nt ,~f the i~u,cha~. I.i~e h, SI]Il{l{..,mi ,h. ~,l: . ., ............... . sial*'d. '1}.' dml MIl v.nlah~ a ~mena]]l I,$ SI I I 1'11 a- le,l.h,~,l },s S,, ~..4r~..rs allUltUlzlllg II1t. salc ailll d~.hxers -[ Iht' ]"f a.I II,I ..... '~ ._ L .~ ....... I s~, ...... c..I,,rm h' x* t . '.~.~~?~' ,',',I~.~,'u,.E t,,rm l:u~s ~h,,,,].g d~at t{]e transfer s n 7. CI,OSIN(; will take ~lmc fl tie . ', Schcff]er. Guldi, Karlinsky & Stein 275 Madison ave., New York, New York 10016 at . o'ch, k on ~ ' r 0 · _9,.30 ~ AFrxl l~t , ] 84, or at such ad3ourned ~,~?,,.~.~)~as~ as ag~d u~on between the re resentatlon of t , P e artl St. yg~ Agency ami SEI.LER agrees to pay the broker the c.mmission ear.cd therch) ([,ursuant lo Selmrale agreement). 9. This salt. imh.h.s all of ~FI.I,ER'S ,,xx.crship a.d riFhls, if a.B i. an~ la.d I>i.g in the bed ,d a.y street or higl-~aB -I.'n~'d or pr.p.scd, in [rout .f or adj,,itd.g lira I I'I~MISFS I. Ihe r~nlcr li.e II.....f. h al~o includes a.~ rigid ,,f SIll I.It1 I. at~x tmpaid a~ahl I,~ ~'a<,,n .f a.) lakit~g I,y c.ndvmn,di,,n and t,r f,,r al~v damagv to Il.. I '1MI~I.~ 1,) rvas(ul t,j ,ha.gr .f ;u:.l,' ,,fatn slHtl .r hi~'hnas. SEI IIII MIl delixrr ill II~ additi,mal c.st I. PIUH',IIASI'II. al CI.OSING, or Ihercaflcr, -n demand, a.y d,~rtnm'nls Mfi,h I'UIICIIXSEI{ may require to collect Ihe award and damag,,s. I(t. SI(t.I.LI| agu','s to dcli~,'r t- lqq{Cll\SIJI al CIAISIN(; a ccrti{],ate dated m,t re.re ti.u, thirty 130) days hehm. IiIJ)$1N{; siFI,ed h)Ihe hold,~r -t each EXI>I NG MOli lGA(;E, in fi,r,, f-r r,'~'.r,li,,g, certlf)i.g the ammml .f Iii. ,Hq,aid l)rim,il~,d and int,'Irsl, d3le ,,f Uilhnil}. al.l ral,..f inh'rrsl S[lll.l']{ shall pay tl,e fees for r,',,,r,li,,g ~.,h ,crlifi, att.. II ih,. h,dd,.r ::[ a ,,m, lgtb~, i~ a l,a,:k ,,r .th,.: in~tih,li,:. ;,: d,.li,.,d in Sc,'li.n 27La. Ileal ['r.i..rl) I,n~. il ilia), i.qead day~ l.'[,,re (:I.()~]N(; l'olll,,illillg I{]C ~,llli,' bJ.tnlalb:n. SI] I.I]1 hcr,'hv stales thal a,D' EXBIING MOIITGAGE ~ill nol he in ,h,lauh al the lime of II. a. $1'].l.l(ll Mil ~Omldy ~ill: all ,:,,rcs .r lwli:':~ ,,l xi,dali.us .l law ~,r m,J.i,'il,al ,~r,li,la,..es, or&'rs or lel]llilClllt'lllS Iloh',~ in or is-u,',l hy a,:) gl:~crnlllt'lll~ll ,hl~ad,:le:d hLIxing aulh-rily as lo la.ds. I:mt.i,:g, huihJings. {]re. hcahh :lll~{ lal,.r c~mdili.l~S atTr~liltg II:e I'HI'AII~I~S at thr &:h. hvre.f. 31.' I'HI'~MI~I'B ~hall he Iransferred h~.,. ol fl.m at Ct.OSlNG a~ld this i,~,,visi.n shall s:.xixv CIOSINI;. SEI.I.IZ shall fur.is{] I'I~R(]IIASI~R wilh a;ty aulhorizati.:ts m.c,.ssar) h) make II1~' s,'ar,'hes that t,,L]hl di~ch~s,, t{]rse nlalters. Re. adints: /lllotcan ce toe U..aiJ Fazes, Etc.: Purrlmse Pric~ to ~ncumbrance$: dffidat'it as to Jndgments, B~nl~rupO'ies ~tc.: Deed Trnns[er Recordinll Inabdit r to IJmitatlnn o! L;'bility: Condition o[ Property: dlreement: M.st be in IFritlng: $ing,lar Also Means Plaral: ontle a-nnf efi~l . ~r'~ ". ~.[':', ,~,tt~f[~ T, C~ , ~ - ' '" the old tax rate f.r flu. prcr*,ll.g i..rim{ :q,pIb'd t- Ibc I,h,.I :,~., ,,I A~y errors ~r omissions in c~..pulln~ alT,~r6,m...nt~ at ] ~IN{; ~hMI h.. ,,,m, ,,i Ih;. pr,,~i~b.t sba survive CLOSING. days be[vrc CIA~ING dale :md Ihe unfixed n.'h,~ ,h .g,, a~,,{ ~,.x~,,~ u,d. il am. -I, dl I,,, qT,.,G,.rd ,,. Ih,, o[ such last reading. date n.t less thu, fkclS) bu~i.e~s da)s flfh'r (~I.()$1N{;. i,r,,~id.J thud ,,{r~, kd hill< tit,,, L,i ...... r,,~h,1 t,, .aid daw at CLos I N (;. 16. I[ their is a.~lhi) g ¢1~' aff,'d.g the sa, ~1)~, ~llllll '~ , , < but .nly d thc t]lh' insuram r' (.m ,~i~1~ ' I ' ' tcqu(sl, mt,dc ~ hhh[ a I,:~ ,,.,,I,h. lit[.. I. f-.' (.1()<1XI ;. Ih,' I'I'IICII %SEF 17. l{ a thle e~ami.ati~m dls,'l,,~cs ju,lgv..,ig, l,a.k,,[Fh irs .r ,,Ift,,r tchnug atTlh,,} p,t.-,,u- h~iug mmi,.t tJl~ same as ot ~imilar t. thai ,,I ~EI.I.Ei{. Sl';I,l,I I{ ~h,dl ,hlH,,~ a s~diJ:. I,,tx &.l:dL ,I dblnir ,r ~ II~<INt; ~at they are not agai.st 18. At (iLO$1NC. SEI.I,Ii[{ ~h:dl d,'liwr a r~'llHi,,1 ,h,,, k (;mLUl} i)l]i~cr in thc :m.,u.t ,4 ally ' ' ' ' In ["" ""f d.' d, lk,r~ ,,r recording of Ih,' dc,'d, t,,g,lhrr x~il[} .lux lcqu,hd lax ~'hUu I'I'RcII and to cause the checkisl ami the tax r~'lur, h) I,e d,'llw.'d 19. All nj.ney paid ill! m'l',,unl t'IIEMISES al.I ,J a.~ .~,r~,'x a.d sur~c) iI,sl.'~lh,. ,hllu,. ~l' I,,',,hx .,:~d,' Ii, n. ,,i, Il,, lhlMI. I'.. ami CO e.'lal,Jo ot/l Of the J'I1EMISES. Such licn,~ shall n,,t C-lllill[ll. afll'l dcf;t.lt i. i.'*f.r.,:,,,,,. ,,f Il,,' ~o.tlad hy PURCIIASER. 20. If SEI.LF, It is u[mhlc t,, h~m~i'er lith. insJ~eclitm cha~m.s' Ul,.u su~ h u'fu.d ami i,a?U, tll ti,i. , ,,,ih;t41 sh~rll h,. ('m~hf,,.,,I, ;..,,Ih.J :,.,1 [.'hh,,r $1';[.I,EIt nor PURCIIASER shall have any [u[ther rights 21. I'UIICII\~III is ~s .','~ 'd lilt' ami is thor m,ghlx ac~ ua.d*, ~ pro~c.t c.mlili,,, sul,jt,it h, PUl{CHAPEl{ shall have thc right, a[ler 22. Ail prior undcrghmdiu?, ami agrCVlm, nts l,ch~c,,. ~-I IIZII al.1 l'l'llt~ll '~SIH :., ,-,::: I i. Il,i.. c-:illavl. It con:plewly e.iI -:s,cs their full agu'c..,,d, h h:,~ I,,,,. ::,h.:,'d irlh, aflvl f::ll i,,,,..:i?,,i,,,,. ,:,iil,,~ v::rh rcking ~der g he.to 2]. '[lli~ clmhm!l nh'ly nI:l l,e dla.gcd or car.:.ll*.d c'..,,l,l ir, ~Xlilir:~{ Il.' I'-nh.l 'J,lill ,ti,,, lil,pl; l,, ami hhT,] the distrilqltc:.,:, l.'ils, ex~.'('L:L,,rs, adtnl.ist:at.r,:, sut~ ,.--,.. :.II a<-k:.- ,,[ Il.' r,.l,,, Ii'.,, l,,,rli,,, l.. h ,,f Ih,' pllrtivs he[eh.: aulh,)rize their a t.r.')s t,~ agree iu :~riti.~ t,, ~llil*' "l::::ll:"s i': 'I:It"~ ar.l [illli' l.,ri,,,h l,r:::.li:Iv,l fc:r in this contract. 9'[. Any si.gular ',,,ord or term hereiu shall als,) l.' [,':.l ~:.~ i. Il.. l,h,rM :,;l,(,,,:.:,,: llw ,d lhb: c:uttract ,nay require it. In Presence COU.TT ,,.. On the ,~l~ day of 19~, before me ~rsonally came to me known to be the individual described in and who ~xecuted the foregoing ins~ument, and acknowledged that ~ ~uted the same. ~ , ~ ~ u, ~ York STATE OF NEW YORK, COUN~ OF sst to me known, who, being by me duly swo~n~ did depose and say that he resides at No. that he is the ; of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal a~xed to said instrmnent is such corporate seal; that it was so a~xed by order of the board of directors of said corporation, and that he signed h name thereto by like order. STATE OF N~'--Y. Gd?,K, COUNTy ss: o. the,, cZ aay m, personal/y came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF HEW YoI~K,"i~OUHTv OJ:. f-,; . On the , day of . ',' . i 'i;'19 before me personally came . ' to ~ne known and known to ~ne to be a partner in ' a partnership, and known to me to be the person described in and who executed the foregoing instrument in the partnership name, and said duly acknowledged that he executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereb) adjourned to 19 , at o'clock, at ; title to he closed and all adjustments to be made as of 19 Dated, 19 For vahm received, the within contract and ail the right, title aod interest of the purchaser tltereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee o/Purchaser ( antrart of ale TITLE NO. Agnes Mulvahill TO Douglas Miller mTITI~ GUARANTEE- NEWYORK A TICOR COMPANY SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS TAX BILLING ADDRESS PREMISES Rider A 25. A. The obligation of Purchaser hereunder are subject: (a) to the issuance of a commitment letter by a commercial bank, savings bank, savings and loan association or insurance company doing business in the Sate of New York to Pur- chaser, on or before March 15, 1984 (acopy of which letter shall be furnished to Seller promptly after receipt thereof), pursuant to which the institution agrees to lend not less than $ 51,750, at a rate of interest not to exceed * % per annum, for a term of at least ** years solely upon the security of a pledge, security interest or assignment of, and/or mortgage on, the Premises, in order to enable Purchaser to consummate the transaction provided herein; *Not to exceed the ~revailing market rate, ** NOT to ex- ceed the prevailing term of loan (b) to the closing of the loan on or before the date fixed in Paragraph 10 for closing. B. Purchaser shall apply for the loan, shall furnish to the institution, within five (5) days of the date hereof, accurate and compiete information on Purchaser and members of Purchaser's fam- ily, as required, shall advise Seller of the name and address of the institU%lOn uo which such application has been made and the date upon ~hlch it was made. C. Purchaser shall accept any commitment letter complying with the terms of subparagraph A(a) hereof, if issued, shall pay ±nV ap=t±_~t~n, appraisai, co.~unltmenn or other fees In respecn of the loan, and shall comply with the requirements of the commit- ment ~en~er other than those ret±ting no the CorporatIon. D. Provided that Purchaser shall have fulfilled all of Pur- chaser's obligations under suD?aragramh B hereof, if the ±foremen- in subDaracrauh A(ai hereof, Purchaser shall have the +-~cnt to days thereafter, or if the >ther condi5aons crovided for in sub- terminate this agreement .un t~otlce no Seller, and in either such event all sums theretofore pa~d on account of the purchase price shall be returned without delay and without interest to Purchaser, and all parties hereto shall be relieved of and from any further liability hereunder. 26. The down payment made eursuant }o.R%ra~laDh 3 hereof, shall be held in escrow by~ ~./~-~/~,~ ~'-s~2w attorneys for Seller, 9ending the closing or other disposition of the down pay- ment pursuant to the terms of this Agreement.. Neither earty hereto shall have any claim against~-~ ~,~/~,/~/ ~'~ , f~r any dis- position of the down payment made by it in good faith. 27. The obligations of purchaser hereunder all subject to acqui- sition of a written document confirming the approval of the Planning Board of the Town of Southold or a site plan for the de- velopment of the Premises. Notwithstanding the foregoing, if said approval has not been obtained within 60 days of the date hereof then; (a) Seller may issue a notice, the content of which will serve to terminate this agreement, five days from the receipt thereof, un- less the actions specified in sub-paragraph (b) herein are taken by the purchaser; (b) If, upon receipt of the notice referred to in sub-paragraph (a) above, purchaser elects to waive condition regarding site plan approval, then, upon written notice to the seller of that fact, the notice referred to in sub-paragraph (a) above will be deemed void, and the Closing shall take plac~ as provided in paragraph 7. CONSIJLT YOUR LAWYER BEFORE 51GNI~-IIS INSTRUMENT. THIS INSTRUMENT SI'IOUI~ USED BY LAWYERS · THIS INDEN~mndethe , dayo[ January , nineteen hundred and sixty-~Wo BE~EEN BARBARA JAZ0~,~EK, restdt~ a~ Mattituck, New Y'ovk, par~y of the first pan, and JAMES V. MULV!HILL, residing at Libby Avenue, Pompton Plains, New Jersey, party of the second part, WlTNESSETH, that fl~e party of the first part, in consideration of Ten (tflO. O0 ) ........... dollzl~z, lawful money of the United States, and other good and valuable oo~18~.~P8~.~oll paid by the pa~y of the second parh does hereby grant and release unto the par~ of the second pa~, the heirs or successors and assi~s of ~e par~ of ~e second pa~ forever, ALL ~at certain plot, piece or parcel of land, ~~~~I~~ s tuate, lying and belng~,~ at La~el, in the Town of Southold~ County of Suffolk and S~ate of New York, bounded and described as follows: BEGINNING at a point o~ the northerly shore of Laurel Lake on the division line bo~vreen l~nd formerly of Kir~p on tho West and land of Barbara Jazombek on the East; framing thence alor~g ss. id land ozmerzy of Kirl~p, t~eo cotmses as follows: (1) ~Jo~th 30 degrees 33 minutes 00 seconds ~[esb 20~ feet to a men,out; thence (2) North 25 degrees 15 minutes 00 seconds West 292 feet to a thence (3) }~orth 09 degrees 24 minutes 00 seconds East 1J3.~ fe~~-, thence along other land of B~.~rba~a Jazombek, fot~ courses as (1) North 70 degrees 38 minutes 00 seconds East 826.27 feet, th,, ~(2) South h! degrees 38 minutes O0 seconds West 4J~.22 fo,::gj [~ South 1J degrees g0 minuto:~ ~0 seconds East 43.34 feet; thence Nomth 'f4 degrees ~] ~im~te,, !0 seconds East 7J.00 ' a .... le ~t to lsnd now or formerly of Comunale; thence alo~ said land of Comtmale, tb~re,~ courses as follows: (1) South l~g degrees ~8 ~nutes g0 seco~ds 22~.42 feet; th.~nce (2) South ]-3 degrees 13 minutes 20 seco~da West 126.44 feet; t.heneo (3) South 23 degrees la minutes 50 seconds 13.00 feet to the shore of Laurel Lake; thence westerly along ssid shore of Laurel Lake a¢prox]r, ately JJ0 feet to the oolnt or place of Beginning. Containing an area of ? acres more or less according to a survey of Otto W. Van Tuyl & Son., Licensed Land Surveyors, dstod December 20, 1961. ~ TOGETHER with a right of way 20 feet in width from the westerly corner of the ' " .... northerly along land f , p~ ozs.:.,, :,, ozmer].y of Kirl~p approxizrtato!y 1600 feet to the highway tmown as the Road or Sou.nd Avenu% ~ < TOGETI[ER with a~ ease~,,~,~t and right of way from the easterly side of the o~n t ~ ..l~l~.s:~$ ov,:~r ',raj ~long the private road. /rI~own as Way 2~ feet In '¢i3.t~, en b;',,, ~?~.'o winds and tm'ns southeoster!y northeasterly throu,'~h ~,~,~,':,, ~:~c,~ oz' formerly of Conkling to thc lend of other o~.mers, a~,] tb~nc,, ~,?~'bhcr!y over the exte~sions ti:rare?i, 20 feet inw~it)~. ~c tb.e z,u.bl[c h.tff~ ;y ~tmo~ as So.nd Avenue. ~:::TOG.ETHER with n~ t~e ~d-~h ...... osrty of the " ~[-~ ........ c- ;,, z~zo and In',e'rest, ~f ary, i..r.,t ~I [, J3~ r~.,~ to t~.c lar~ds under tho Laurel Lake adjs, con'- !;o ,--~ SU~CT to an ~q~,oser,~ of ~:he 'on ,, , , -, ; ,, .. L- g Is]end TA. ght~n~ Company TOGETHER with ,'dl right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the cemer lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of 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 snffered anylhinI, whereby the said premises have been incnmbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the I]en Law, covenants Ihat the party the first part will receive the consideration for tiffs conveyance and will hold tbe right to receive such eratlon as a trust fund to bt' appfied first for the purpose o[ paying the cost of' the improvement and w~ll apply the same first to the payment o£ the cost of the improvement before using any part of the total of the same :ira' any other purpose. Tile word "party" shall be construed as if it read "parties" whenever the sense of this iudenture so reqnires. lb/WITNESS WHEREOF, the party of the first part has duly executed this deed tile day and year first above written. IN PRESENCE OF: STATE OF NEW YORK COUNTY OF SUFFOLK On this came BAIrtB/k,r~A ,'J'A~,(,~4.3EK to me known in and who executed th~ foregoing me that she executed the JAN 10 day of January, 1962, before me personally to be the individual descrl'bcr.[ instrument, and sckrr~l, edf~ed bo lut !he day of iersonally came i9 t(, me known to he the individual described in and who executed tim foregoing instrument, and acknowledged fi,at execmed the same. SI'ATE OF NEW YORK, COUNTY OF $$: On thc day of 19 , before me personally came to rim knowo, who, being by me d~y sworn, did de.se and say ,4at he resides at No, lhat he i~ the ; of , file corporation described ia and which excc.tcd tbe foregoing instrument; that he Laows tlc seal of said corporation; that the seal alfixed ta said ias~rtlmc~d: is s~ch co.orate seal; that it was so d'lixed 19. order of thc board of directors of said corpora- ,ion, and that he signed h name thereto by like order. 19 , be[ore to me ~,~c, wa to t~e the individual described in acd who executed tt~c [oreLoin~ instrument, and acknowledged fi;at executed the same. STATE OF NEW YOltg, COUNTY OF $5: Oa thc day of 19 before me l)crsonally came thc subscribing wilness to tile foregoing instrument, with whom I am pcrsmially acquainted, who, being by me d.ly sworn, (lid depose and say tbat be resides at No. ti,at he knows to be the individual dcscr/bcd iii and who executed ibc foregoing instru,nc.t; that he, said subscribing witness. ;'.'as present a~,d saw execute the same; and that be, said witness, at the same time subscribed h name as wimess thereto. & SCHEFFLER GULDI ~RLIN$I(Y & STEIN 275 MADISON AVENUE NEW YORK, New YOrK ]00]6 (212} 532-2000 January 31, 1984 F£8 02 1984 Ms. Diane M. Schultze Secretary Southold Town Planning Southold Town Hall Southold, NY 11971 Board Re: Minor Subdivision Dear Ms. Schultze: Pursuant to our conversation of last week enclosed are 7 copies of a brief description memorandum relating to a proposed subdivision. I would appreciate any efforts on your behalf to get us into the Board's agenda for their February 13 meeting. Even if there is only a remote prospect of us being heard we would like to attend the meeting. Enclosures Very truly yours, SCHEFFLER GULDI I~ARLINSEY & STEIN NBW YORK, NEW YORK 10016 (a]~) saa-aooo February 10, 1984 Ms. Diane M. Schultze Secretary Southold Town Planning Board Town Hall Southold, NY 11971 Re: Miller Application for Subdivision Dear Ms. Schultze: This is to confirm our telephone conversation of to- day in which you advised me that my request by phone on Janu- ary 26, 1984, and by my written memorandum dated January 31, 1984, for a Presubmission Conference pursuant to S 100-133 of the Southold Town Zoning Law, at the February 13, 1984 meeting of the Town Planning Board cannot be granted. You have ad- vised me that the agenda for that meeting is too full to ac- commodate even a short discussion at that time. As I have ad- vised you due to the constraints of the contract relating to the acquisition of this land, I must prepare my site plan ap- plication and submit it for approval prior to the next regu- larly scheduled meeting of the Planning Board. While I appreciate that the Planning Board is work- ing very hard and has an inordinate amount of work to perform, the seller of this parcel will not permit me any additional time for the submission of this application and I must there- fore submit it. It is my desire to incorporate in my applica- tion as many of the concerns of the members of the Planning Board as is possible. As you know, I have had a telephone conference with Mr. Raynor which was very helpful. If any of the other members of the Planning Board would like to communi- cate any of their concerns with respect to the utilization of this parcel, I will make myself available at their convenience to either meet with them or to discuss these matters with them by telephone at any time or place which would be convenient for them. SCHEFFLER GIJLDI I~ltLINSKY ~ STEIN Ms. Diane M. Schultze February 9, 1984 Page 2 I will prepare the site plan for approval and sub- mission based upon those concerns which you have indicated to me which are generally or usually a concern to the Planning Board with respect to developments of this type, and address- ing as many of the specific concerns of Mr. Raynor as I am able to. Please contact me if there is anything else I can do with respect to this application. cc: Mr. Very truly yours, Douglas Mi~er SOUTHOLD, NEW YORK 11971 April I~ew York ,tate i~e..,a.;t~ent ol ;t ~te bivlslon of Local .~overnment an© ~m unity Coastal , ana,~ement .:~.ogram 102 ~, ashington .\~enue Alb~.~ny, ~,,ew York 12231 ervices Dear Sirs: %~e a~e writlng no. S3-~47-L2 by ~'~ro Lew York 11971. in r.,~rd to ap~:>lication u~wts ~dson of ~aln At a meeting of the /5. outhwood [~ro}~erty Owners Association held on Lunday~ .~Dril ,~ 19J4~ the ~roDosed ram~) and doc~ ',as brought to the attention of the ?he Southwood properties are directly east of this ~3ro,~os ed . ~e object to this'ra~D a~',= dock as Ocose Cree~ is a teautiful body of water, an< a pJ er and Uock t~is long will detract from 'the ~3~auty of this area. . ec~ndly, there is a sma~I '.~o~t channel that runs parallel t~ t:~e land at t:~is point. · It would bm cut off by this ra~p. Please be advised theft we have no objection to a deck ~he size that is usual for:this creek,; usuat~ 15' ~0 20'. ' ' ?,!e ~upe th,~t yuur office will ,0ire this your promp~ a%%ention, as we are ~ery proud of~, Goose .C~eek. c/c to .~outhold i'own Dlanninq ~1 × / Pre~. Southw~od ~rope ty ~wne~s.A~s. ,~oard P.O. Box 379 South~d ~ N.Y. 11971 FEB 02 1984 DATE: TO: FROM: RE: MEMORANDUM January 31, 1984 Messrs. Henry E. Raynor, Jr. Bennett Orlowski, Jr. George Ritchie Latham, Jr. William F. Mullen, Jr. Being the Planning Board of Southold the Town of George O. Guldi Informal Discussion of Minor Subdivision of 7.4+ Acres North of Laurel Lake Attached for use in connection with a pre-applica- tion informal discussion are copies of the tax maps of a 7.4 acre parcel north of Laurel Lake. Douglas Miller, a year- round resident of Quoque has made an offer to purchase this parcel. Mr. Miller intends to make an application for a minor subdivision of the parcel into three building lots of approxi- mately 2.5 acres each. It is contemplated that in connection with the pro- posed subdivision the three lots will be restricted by deed to a single common access bridge and nature walkway to the lake- front and that the wetlands will be permanently preserved as a conservation zone. Mr. Miller intends to develop one lot as the principal and primary residence for himself and his fam- ily. Mr. Miller has agreed to convey one of the three lots to George O. Guldi if his purchase of the land is completed and this subdivision is approved. Both Mr. Miller and Mr. Guldi agree that all construction and development of the parcels should be done with a minimum removal of trees in order to as- sure that the houses remain completely screened from the view of each other and from the view of the other houses on the lake. On the second copy of the tax map attached hereto, I have marked an approximate location of the wetlands conserva- tion zone which lie on the property and have indicated a rough outline of a possible subdivision. Please place this on your agenda and informally discuss this project with us at your next meeting in order to permit us to evaluate your concerns with respect to this proposed application so that we can take them into consideration as early in the planning stage as is possible. -2- gA(c) ;'9 ~A(c) TO~'N OF SOUTHOLD L ,4 U,~ EL L 4 NE KEY ~AP -- J © COUN'rY( ~ , Riverheo;~, L S££ t~C. NO 125 / __ © COUNTY Real Properly County Riverheo=] SURVEY FOR PEGASUS REALTY CORP. MATT[TUCK TOWN OF SOUTHOLD SUFF CO, N Y GUArAnTEED 'ro~ SCALE : I"- 200' JULY 2'8, 1965 rf BT Roger* B. Swain ~ ater hos be~e ;ashimmble drink. At clubs. recepUo~ it is de rig~ur to stand hold~n~ a frmn the huee~ It's being pmLred fr~n ms~2~m" alone. Water. with no calofles. On.the l?t Sunday of summer, a tribute to our. nation's swimming holes and a look at the pollution that threatens them when too many people settle nearby. ~b~-~ a umth of a ce~t a salh~, bottled, water Is sellin_o for ~ a 8alh~k, Whether yo~ are rich '0~" [mar. whether You dr~k wateF out of choice OF necessity, the attention that has been minded every~m~ that all waters are . · notalike. BoRled water is being judged Pf~dJ* JP~ jl~jt~t The a/gae-co~d gan Cort/afldt LMM tn the Brmuc /s ufl~t for sMmmm& with the same cGncentrat/c~ and art/c- er~ Union conve~d a panel of taste ex* TllE LIFE AND DEATII OF A LAKE plained in the September 1980 lssuo of . Consumer Reports, "should be clear: erin{ depth of the water and drntnh,g, the oxygen from IL free of sediment and color, its &roma should be clean: fFee of obvl(m8 off- nure. An excellent water*s flavor should n~_ be clean, though it may stimulate just sflghtly the tastebuds ~that sense sweetness, bitterness or sourness. But most of aH, an excellent water sbotdd be r~.- Th~se ~ ~ d~tnkin~ bY the 8hss~l, a cmmmm enough way to jud~ its quality, but not the only way. Today, th~ last Sunday of sum- in th~ same way that millions of have been testing the water all summe~ long. Instead of merely raising a glass of water to their lips, they first r~nove aH or ~ of their clothes. Then, after slowly (or rapidly) I~ersing *~.~ Sipping water ¢Co~nued tm poge ~) ! Most/nkes in northern Amer/ca were scoop~ out by g~ 2 ~ it, t~p~ o~~ ~ M ~ie~. Roger B. Sw~no the science editor o! Horticulture mogc~fle, is the author of "Earthly Pleasures: Tn;es From o When the t~mpom~ t~nts ~ summer c~lnS, waste 4 multiplies and leeches into the lake, fertiliz~tg phmt life. As the lakeside commlmity grovas, so do~ the algae. The depth of the water decreases and the/a&e becomes a mm'sh. LAKES Continued from Pnge 59 while sealol &t a table is sim- ply no mateh for swimming. There is no comparison tween swirling a sample of water around the insid~ of a ~iaes and swiriin~ yourself around the inside of a sample of water. A swimmer cannot escape the odor of the water; at most. it is inches from one's no~. To judge its clarity and color, you have only to look down. To taste it, open your mouth and an unlimited draught will flow in. Those people who never drink while they swim have spent too long in the ocean or in chlorinated pools. Fresh water is meant to be drunk, and anyone who has ever becn delights in the knowledge that even the most gargantuan drink will not drain a inke. Ask swimmers which kind of water they prefer to swim in and must will say a lake, one nothing floating on the surfaco and only rock or sand on the bottom. Choosing a lake is more complicated than choosing a brand of bottled water. T~kes come in all sizes and shapes, of different depths and different ages. Some have streams flow- spring-fed. The most common way of cinssif~ng them, how- ever, is in terms of their pro- ductivity -- tim mount of ganic matter that is produced per square meter per year. Swimmer~, whether they r~tl- ise ti or not, are loohing for an oligotrophic lake. Oligotropi~c means poorly fed, and an oligotrophic lake has a iow co~contratien of plant nutri- ents in its water. With few nu- trients, there are few plants, and such lakes are must likely to be deep and clear and to have a sandy hottom. Nutrient levels in the lake is a simple devico for measur- disk. Named after Pierre Angeio Secohi, an Italian as* tl~oflomer, the flick originated with Commander Cialdi, head of the Papal Navy. who conducted a series of experimet~s with Professor Secchi oa board the S.S. lm- macuinte Conc~ptioa in 1865. Simple enough for any swim- ruer to use, the ~hi disk is a white disk eight inches in diameter that is lowered into the water on a string. The clearer the lake, the farther dewn the disk can be ~ ~__*~__. In must otigotrophic !~*a~, the Seccin disk can be Scoa at a depth of 20 feet or mare. In Crater Lake in Oregon, which is 1,93~ lent deep, the diAk been soon at dspths of ~31 foet. There was a time when it was envy te find an eiigo- trephic lake. Moat of the lakes in the northern United States were formed by glaciers, which scoured out basins in the native rock, or piled up dams of glacial debris or left behind big buried blocks of ico that ultimately melted and created kettles. Shortly after the last glacier receded, there were otigotrephlc lakes ali across the country -- deep, clear, clean-water lakes, all with hare hotmms. But that was 10,000 yeare ago. To see what differenco a hundred centuries can make, ~ou must realize that even clearest lake is not sterile. Tbere are things growing in iL. Suspended in the water is phy- topinakten -- minute plants. such as diatoms, desmids and filamentous green algae -- which requires sunlight for plankten is being oaten by zoo- plankton -- equally minute animals, with names like reti- for, copepod and cladocoran. by nektm~, those larger, fre~ swimming animals that in- clude aquatic insects and fish. As pure as an oligotrephic lake may seem, it is actually a dilute broth, and, like a broth oa which a inyer of fat is float- ing, the water in a lake is stratified. Any swimmer wbe has dived toward the bottom of a lake has discovered that there is a much colder layer of water a short way dewa. This is the hypolimulen, a layer of cold -- and henco heavy -- water on which floats the light- er. warmer water of the epil- imnioa. Between th~ two inyors there is a zone of rapid tempe~ture chen~ called the thermoeitne. During the sum- mer, there is very little mixing of the layers. In the fall, wh~ the surfaco water cools, it its dissolved oxygen with it, and the bottom water, oar~- lng nutriente, is dispincod te over of the lake water occurs in the spring when the ico melts. Turnovers of the lake, in which nutrients are carried to the well-illuminated surfaco Watere, are offs! hied b~ a preliferatien of phy- mer, man~ of the zcopinnktmt mi_m'ate vertically, movin~ the SaFfuce once a daY to foed/' and then settfins b~ck to the. muakeilunge also five in th~ food'rich spilimn~oa. LAke trout, however, move ~r into the cold hypofimnion us the summer prosresses. o! thin~ that live in cltgo- trephic ~lr~ the water in not crowded. In fact, there i~ vir- tunily no chance that a tectable. But while the crea- totes in an cligotrephic have little effect on swimming conditions during their fife, their death is another matter. drift to the bottom, there to an organic muck where blood- survive en what little ox~gan is left after decompeeitien. This muck builds up very slowly, about a milij~l~t~r a ~ear, but after 10,0~0 ~u's, the sain of tiny corpees rnay have resulted in 30 feet OF more of sediment. In a lake that was hundreds of foet decp orisinolly, this probably wilt have no effect on the water quality, from a swimmer's point of view. Previded there is a large volume of water deeper than plants can thins of a s*_ ~'~_~ state, when esdimnat has further creased the depth, much more of the lake hottom will be shal- low eno~,h for rooted plants to ~row. W~tat was ~ only a fringe of rasbes and sed~us broad exlmnses of pickerel* weed. arrowheads and cat. tails. The rest of the inke'8 sar- face may be plastered over with wateriily pads. Such a inrge mount of aquatic vnge- tetian consamus equally inrge mounts of oxysen as it composes. This high biolngicai oxygen demand, as it is called, depletes the oxy~n in the hy- pelimnioa and trout can no Iongor live in the inke. Inst~d. n~mtation cmitinuus century after conmry, the tok~ will fill in altegother, becomln$ first a m~rsh or swamp and then a deep, relatively unpreductive enos to shuliow, hl~ predno~ tive ones, the process is called entrephioatiou. ~k~ at an termedinie sta~ are called mesotrephic, and _~t~a_~uso of their well-developed fish pepu- latiens, many mesotrsphic pro~esston of lei~ from oi~- trephic to eutrophic deeon't al- ways occur the same way. but when it dees cocor ti is per- fectly oamsal -- natural and In- credibly sinw. Immsuurmbly slow from the p~t of vinw of ~ fildJv~d~d swimmer. ~ lake that is still cligotn~hic end frem the peeve of a h.mfm Ufo span it will renudn ollgotrephic indefinitely -- at least that's the way it shonid Oligotrephic inkss, however attract swlmmere ~ way boze Lrm attracts musqultees ond mony of tbe beet swim- min8 I~,~_~ have ~co tlmm~h the foliowh~ sin~us of hmnen pitched no the shore of a wild and deserted lake. Next year, the tent acquires a platform, and since word has got out about how clear the lake is, how fine the swimming, the Before long, the teslt platforms lave evolved into the floors of small cottages. Since there are too many pengle in the sum- mer community to "go around behind a bush,'* outhouses are coustructed. In short order, these are replaced by toilets. The toilets, in turn, are coanectod to cesspools made b~ filling 50-gulloa steel drums water in th~ lake remains as clear and as clean as it was wheu first discovered. But tendenc~ to C~n~e into year- for winter use. Drains are dug and culverts are laid. The trees surrmmding the !~t~ are cut down and grass seed is sown. Businesses are esinb~ iished, so that residents mm't have so far to commute. The cottages all around the lake are themselves improved: machines installed. But one ~ stays the same, the 50- gallen dr-m~ filled with rocks, he drums by now very rusty and the rocks coated with Srsasa. The human ~ preducos about 10 pounds of nitrogen and 1.3 p~m~a of p~o~tmros in the form of sawase every tainlnv~ p~l~tt~ C~ dOubte waste water. Both nitrngno and phusphorus are ~tial plant naLrients, iff fact, the 8rowth of pinnts is uenally fim- ired by the avallei2flity of ;h,~e nutrients, espeeiafiy by the availability of phosphoric. rus drain inte a inke is lik~ spreading tertllisar en a gar- de~. It causes the lake to The bloom, a pepalathm plusioa of aigno, is ant a pretty Sight. Swimm~r~, th~ detect a ehon~m~ in th8 water qonlity, den't need a Soechi disk to tell that the water is cl~ all ~mmn~A' ~ is itOW & pmm-gr~en murk by July. What*s more, the water testea The nutrients flowin~ into the lake aren't just from homes en the inke's perlmet~'. : J.k'M are hiw peints in a inmi- Zi~ wbe~N'er water floq~ to- wsrd the linkS= 'f~Ls dralnago, or waterebed, an ti is shore te the tepe of the nemrest mountains. Street carry I&wn fertilis~, mhd waste from tho~t:tfully more rural perts of the water- shed, the nmoff carries ma- nuro frmn horses, cows and other livestock. Here and there, a tewn sowar or a pemp en a seweF line IS lenkin8 raw sewase. The mora o! this that water deteriorates. Large mats of blno-g~en algae ap= Ioclt like human excrement and smell m~rse. Lakofrent residents may emi up ~ 4~i~,st t te tim stench' As unpines' es the a~an IS te people, worse for the fish. more al,,vee, the more o~gan it~d to decompese it whe~ it dies and the less oxyge~ avail- able fer fish to breathe. Ulti- matuly, even the carp, the last air from tim surface. Soon they too are esphyxintod and float belly up, ns the entire epilim- What has happe~d to this o~ce oli~trepinc I~tke is tlmt it too has become eutrophic, and in a period of only years or thermora, the i~ke has reached its Stete of high pro- ductivity by a very different tom. Natural eutrophication Is the result of ~r~uluml flllin~ of a lake with sediment. ~ arti- ficial enrichment of a lake pro- ~tuces a similar outcome but Is to reflect the fact that it Is as- sociated with the activities of humans. Cultural eutrephioa- fence. 'llm Natlmml Eutrophi- the Envinmmentel Protoetien A~ency from 1971 to 1977, looked at 800 lakes receiving mnatolpsl waste water and trephic. Just because the water in a smells ftmny doesn't stop some people from swimming in It. lt*s probably a ~oed thing that people don't drink very much water when they swim er a let more of them would get sick from swimming in cultur- ally entrephied lakes, for mined in with the plant eutri- eats there ara usually plenty of bacteria. As it Is, many bath- ei~ Coati. et "ewlmmer's eetr' diarrhea,'* the tlen of the outer ear, the latter a coliform buctoria infection in the ~ut. The public-health hazard that a polluted lake represents Perhaps a number of people under fo~ the third time and the 8~en murk. Then tbe Pub- lic Health Depal~mmt, which has besn raluctant to shut down a recroatin~ area, for- mally closes tfis lake to swim- gn~tes than 2,000 per 100 Long hofore tbe lake IS a mblic-health he-~,Xi, how- ever, It Is an eyesore, not to mention a p~dn in tbe nese. The d~ro for the community has become its b~e nulro. Lake- fret residemts storm into so- iectmen's Illeetln? ~ d~- In resixmso te such Wessura a tried. Cc~per sulfate, spread in judicious ammmts, kills algae aquatic invertebrates. ~ avd ]~0,000 pounds of ~ sulfate were applied mmuaily to Lake Monona in Wis. The result wen ~er- rich laye~ of sedlme31t mi the buttom of the inke and sm an- noal reappearanca of the alsae. Whether copper sulfate IS used or ene of the modem b~hie ul~cldes, there will be no inst~ benefit ou- Ieee the flow of nutrleut~ into the lake Is stopped. Tho usme IS true of efforts to restock a lake. Fishermen ia- mentin& ~e pn*,mge of trout may demand that the town rid the lake of carp and other "trash" fish and restock. , ~, the familiar garden i iasecttclde, is sprend on the lake, and since flsb are exqui- sitely se~siUve to the chemi- cal, which blocks their respi- ration, they ali die. Tr~ng to lake, however, IS a waste of fln~erltn?, for unlme the bio- been redoced end oxygen hos been restored te the cold by- polimnien, they will die, jest be reversed, a fact that also distinguishes it ~ natural tinily Irreversinle. However, raversM requires that the en- tlra watend~d be treated, not just the lake Itself. The Im- )rovement in the water qual- ity of the lake will net be as lo- sinetaneous as poisoning all the algae, but in the Ion~ run, treeting sourees of lake de~-a. datlen rather tlum the bypro- nutrients are comln~ from can be as simple as netlng where the storm drains empty. Sep= tic-system seepage is harder to locate. Trackin~ the path of household waste Is made easter by flushing a dye down the toilet. Sometlmea the dyes show up immediately. Eve~ if of lake water. them IS another. It requires underatandinL public co, era end mo~. Lots of m~. If the lake offers public access. some of the mo~ley comes fram the state and Federal govern- ments. Ultinmtely, however, lake reetor~tkm dependn, not landowners and officials, on vatlen 8raups and spertsmen*s clubs. Tbe~ ara still plenty of culturally eutrophied lakes that need improvement. But tire flow of nutrJents into lakes Once the flow of nutrients to a lake has been halted, it makes sense to bestn restora- flea of the lake itself. Lakes with large enoush streams flowin8 in and not of them may have enough waMr exchange necassory. In. some lakes it takes only a few days to re- place the water. In Lake Su- perior it tokes a few centuries. In a clesed, sprins.fed lake with no outlet, the phosphorus c~ntent of the water may ra- main high and cmltinue to pro- mote ~e ~ of algae for a very long time. Spreading aluminum sulfate-in the lake will incapacitate the pl~ho- rus by binding with it to produce an insoluble corn- tom. Stands of larger aqoati¢ with herbicides. If chemical control is obJectionnble, me- chanical hervesters can be usually self-~,upelled flentln8 machines that mow or uproot submerged plants. Another way te destroy vegetatien along the shore is to lower the level of the lake with pumps end allow the weeds in shallow water to dry not or son. Called "drawdown,' the Iowert~ of a lnke*s level also multes it easier to dredse sedi- ment fFom the bottom. Dradg- lng, however, Is controversial. If the sediments are ce~tami- on land than at the bottom of the lake. Simply stlrrtn~ up the bottom sediment may cides and industrial wastes food chain of Ute lake. Then there is hiclo~lcal con- trci, whereby species are in- troduced to the lake to control the ~,~uw~dl of plants automati- cally. I~utrephlc lakes have been expertmentolly stocked with a variety o! organisms, from algae-eating water fleas to water-byacinth.comuming meoatees. Although the use of predators rather than poisons te .k(~-p ~ water clear Is at. tractive, enactly ~ to do it .' ramains te be v;erkod out. ~ how to reaio,e lakes tS one thi~, Imt deciding another. Obviously, it is im- pmmible te return every inke to its IX~clal orisins. The Federal Water Pollution ~ lying 19~3 as the yenr in which all water in the United States should be swimmable and 1985 as the yenr by which ali dis- charge of water pollutants will be halted. Swimmable doesn't mean oligotr~c. It simply means safe, and even that ~ seems unlikely to be rm~ismd "accepted levels for lro~ecthd excese te da nothin~ to claim that since a lake IS teo disSust- lng to swim in,' en one will want in anyway. Lake restoration Is expen. sive. installin~ new sewage treatment plants Is very en- pensive. But ~my method scing to be expensive. It's a matter of decidin~ what to spend me*s monoy ea. At ~ a ~allen, the dollars beli~ spent for bottled water would buy a lot of lake restoration. restored and to what level they community consesmus involv- ing not just the inkefront resi. dents but all these who live in the watershod and all these be. yend who ever have or ever might enjoy the lake's water. In the end, the decisions will involve almest everyone, for a third of the natien*s population lives less than five miles from some publicly owned lake and 99.4 percent live within an hour's drive. From all the debate over which lakes to restore, a sim- ple su~'estien emerges -- a sort of "~randfather clause" for lake restoratlen. Xf the lake wes cii~ctrophlc when your grandfather swam in It two ~enoratiens ago, then it should be made oll~etrophic noen more. The water should be deep and clear -- clear enot~h to seethe bottom ali year round -- and clean -- clean No, not just Impunity. One should be able to float in the middle of millioas of gallens of wator and drink noe's fill with the same enthusiasm be- stowed upon the finest bottled Import. The first person in the lake each summer should be able to call buck, "Come ma in, the wateT's fine," ~ ft. · Iq / / / '". NOTE= now OF LOT 2 formeny Joseph Macar/ ~N OF SO~ SCALE' ALDEN W. YOON~l tOEES~IONAg EN6 N~ER ×!, LOCATION MAP THE WATER SUPPLY AND SEWAGE DISPOSAL FAC, ILITIES FOR ALL LOTS ~N THIS DEVELOPMENT COMPLY WITH THE STANDARDS REQUIREMENTS OF T E SUFFOLK COUNTY DEPT OF HEALTH. TYPICAL PLOT PLAN /< N 7ooz3'4o"E. .... now or former/y Joseph 8/Vx~mm/l/hodeff ' ", LO?- 2 " WETLANDS LOT 401,85 LAUREL LAKE TYPICAL WELL DETAIL TYPICAL SEWAGE DISPOSAL 1994 OOU~L,~$ MILLER ; OCT /0, .-..-,,,,..-...o.--..,.--.. NOTE= O0 THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THiS DEVELOPMENT COMPLY WITH THE STANDARDS AND REQUIREMENTS OF T E SUFFOLK COUNTY DEP~: OF HEALTH, HOWARD' W, YOUNG ) ~,Y,S, L.b~ LIC. NO. 45895 ROAD TYPICAL PLOT PLAN now or formerly doseph ~ Nis$/rn Alhadeff r / \ LOT 2 LOT %%\ % 401,85 LAUREL LAKE TYPICAL WELL DETAIL (150'TO I?0' DEEP WELL REQUIRED OU LA$ MILLER SUFFOLK ,COUNTY, NEW ~tK NO. ~ ~B Ikl~ ~ V~l ikl~ ~NDERAVE~E~' AND ~ND SURVE OR N.Y.S, UCENSE N0.12845 HOWARD W, YOUH ;~ LAND SURVEYOR