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HomeMy WebLinkAbout1000-122.-7-6.6$ ) - 2"CEDAR EXISTING EDGE OF SHOULDER PAVING MAIN ROAD UG TELE SERVICE (NEW)~ NEW SIDEWALK SHRUG PLANI1NG (EXIST) FND. MON.- ~GE TREE (N. Y. S. 25) ELEC SERVICE(NEW) & CONCRETE SIDEWALK EXTENDED TO PROP LINE LAWN FN~~ I MON. 2B"OAK (EXIST) ¢"GIRCH 2'x4'CG LCH COVERED PLANTING GERM [LED TFMR FOUNDATION (NEW) ELEC PANEL, SUPPORT (UEW) . . . ~ UG OAS PIPING- DOLOMITE GROUND '/ COVER WITHIN ~NCE / .~-~.RN EL~ 18,25 (NOM.) CF~) / (EX)ST) !'10' W DRIVEN GAS · ' . ' DRIMEN. COMPRESSOR ' ' EL 17.5' · · - · % 151.14' FND. MON, CURB CUT & DRIVEWAY RAMP PER NYS ~IANDARD SPECIFICATIONS 20'-0" FOG UNE EXISTING EDGE OF SHOULDER FND. N.Y.S. MON. -- (BROKEN) EL 23' ~ TREE (D~D TR~S ~ GE REPLACED) (NEW) RETENTION A= R= C- AREA OF AREA OF AREA OF Vc=[(1393 SF x 1.0) + SITE TO BE GRADED A RETENTION / (EXIST!,/ MON. Z EXISTING NATURAL DOLOMITE GROUND VEGETATION TO REMAIN COVER WITHIN FENCE UNDISTURBED :F/~C_. E LEV 18,75' GAS COMPGESSOGB IN ACOUSTICAL ENCLOSURES GAS PIPING- SODIUM VAPOR AREA LIGHTING (TYP 4 CORNERS) ~. F- ELECTRiCAL POWER /AND CONTROL CABINETS ]~VO ROWS STAGGERED 6' O.C. OF NEW 5'- 6' HIGH EVERGREEN SCREEN PLANTING ON TOP OF RAISED EARTHERN BERM PICKET PAUNC COVER x/ ELEV 23' (NOM.) ELD/ 20' LAWN CONC ~ / ~ / 0 NEW PILE SUPPORTED cOMPRESGOR FOUNDATION ~t~' DRIVEWAY PROFILE Ii : RETAININGWALL . BOTH BIDES OF DRIVEWAY i , NEW U~ CA~ MAINi · . P,P NG -To COMPRESSORS C ION VI A-A SCALE 1" = 15' NAGE CALCULATIONS FOR RAINFALL (Vc = ARC) AREAS RAINFALL, OF RUNOFF FROM DRAINAGE AREAS (,) EQUIPMENT FOUNDATIONS (C=l.O)= l~g~ SF pLANTING BEDS 1~,900 SF = 5,000 SF ,15) + (B,O00 SF x ,05)] x ,16CF/SF = 620 CF TO NATURAL DRAINAGE COLLECTION BASIN HAVING 3000 CF± WHICH IS GREATER THAN 620 CF REQUIRED. APPROVED BY pLANNING BOARD SIDEWALK PATCH 6~ GM (~1~ ToWN O'F SOUTHOLD LOT 26 LOT 28, 'LOT 22 LOT .35.8 STATE OF NEW YORK LOT 27 C.T.M. 29.1 LOT LOT 6,7 LOT 3.1 LOT 7.1 LOT 3,2 LOT ~ LOT 8.6 I SUFFOLK CO.UN~ TAX MAP DIST. 1000 ,'SECT. 122 , BLK. 71 ZONE: GENERAL BUSINESS I LOT 20 ' LOT 8.6 SmC.T.M. LOT 6.6 AREA = PROPOSED k GAS 'COMPRESSOR ' STATION - ' "'",:" KEY LOCATION &: 500' RADIUS MAP SCALE 1" = 200' ALL STORIA WATER RUN(~:F FROM IMPERVIOUS SURFACES, LAWNS,~DD OOLOMIT, E_A~S SHALL BE RETAINED WITHIN LIMITS OF THE PROPERTY AND DIRECTED TO A NATURAL DP~JNAGE BASIN LOCATED SOUTH OF THE ~A¥11DN. DR/~AGE SHALL OCCUR AS A PROCESS OF NATURAL SOIL PERCOLATION. SEE DRAINAGE CALCULATIONS FOR RETENTION CAPACITIES. LIGHTING AREA LIGHTING CONSISTS OF FIVE (5) 4DOW HiGH PRESSURE SODIUM FLOOD LIGHTS MOUNTED ON MAXIMUM FOURTEEN FOOT HIGH LAMP POSTS SITUATED IN THE 'FOUR CORNERS AND CENTER OF NORTH SIDE OF.THE FENCED IN AREA. UCHTING IS SHIELDED AND DIRECTED TOWARD THE iNTERIOR OF THE FENCED AREA PROVIDING UNIFORM ILLUMINATION OVER THE ENTIRE AREA WITHOUT GMLUND ONTO ADJACENT PROPERTIES, LIGHTING IS NORMALLY 'OFF" WITH USAGE UMITED TO PERIODS DURING MANNED OPERATION OR EMERGENCY MAINTENANCE ONLY, STATION IS NORmALLY.UNMANNED, COMPRESSORS AGE OPERATED 'REMOTELY" NYSDEC FRESHWATER WETLANDS MAP ,INDICTED A SMALL WETLAND AREA IDENTIFIED AS MT-17 LOCATED IN PROXIMI]Y OF THIS PROJECT. TH.IS WETLAND AREA, HAVING BEEN FILLED SOMETIME IN THE PAST, NO LONGER EXISTS, THERE ARE NO "BUILDING" ]YPE STRUCTURES W~THIN THE FACILITY. ALL MECHANICAL AND ELECTRICAL EQUIPMENT tD INSTALLED ON CONCRETE SLAB ]YPE FOUNDATIONS AND ARE DEGiDNED FOR OUTDOOR OPERATON COMPRESSORS ARE SKID MOUNTED WITHIN INTEGRAL MOUNTED SOUND ABATEMENT (ACOUSTICAL) ENCLOSURES. THE AREA WITH~N THE LIMITS DEFINED AS THE COMPRESSOR FOUNDATION SLAB AND FIFTEEN'EEST THERE FROM ON ALL SIDES Si~ALLiBE CLASSIFIED AS NEC CLASS 1 DI~SION 2. ALL ELEDTRICAL FACILITIES LOCATED WITHIN THESE UMITS SHALL HAVE AN EXPLOSION PROOF RATINC EQUAL TO OR EXCEEDING NEC CLASS 1, DIVISION 2. ELECTRICAL EQUIPMENT LOCATED OUTSIDE THESE UMITS SHALL HAVE A GENERAL PURPOSE EATING, NOV ALL SIDEWALK, CURB AND ROADWAY CONSTRUCTION SHALL BE IN B~ICT CONFORMANCE WITH THE NYS STANDARDS AND THE TQWN OF SOUT~OLD REQUIREMENTS, THE COMPRESSORS AND ELECTRICAL EQUIPMENT SHALL BE sECURED WITHIN A 7'-(~ HIGH GALVANIZED STEEL MINIMUM G GA. WIRE CHAIN'UNK FENCE ATfACHED TO LINE AND CORNER POSTS SET IN CONCRETE. THE FENCE SHALL HAVE A DOUBLE jBAYONET 'VE~ TOP SUPPORTING SiX'STRANDS OF BARBED WIRB ACOESS SHALL BE PROVIDED BY A SIXTEEN FOOT WIDE SLIDING GATE. EMERGENCY EXIT SNALL BE PROVIDED BY A ONE-WAY TURNSTILE. EACH SIDE ,OF THE FENCE TO HAVE A COVER OF BUGOI~E FENCINGS (WCOD CEDAR PICKET PAUNG) AlTACHED TO THE OUTSIDE OF THE FENCE PROVIDING A VISU~'BARRIER, SITE GEAurTIFICATION SHALL INCLUDE A RAISED PLANTING BERM ~ITH A DOUBLE ROW OF EVERGREEN SCREEN PLANTING ALONG THE WEST, NORTH AND EAST SIDES OF THE FAGILmly AND LAWN CONSTRUCTION. SCREEN PLANTING SHALL CDN.S,).~. OF, lWO ROWS OF 5'-6' HIGH AMERICAN ARBOR VITAE AND BROAD LEAF RHODODENDRONS WITH A CALIPER OF 2 TO 5, STADGERED SPACING AT MAX 6' O.C, DRIVEWAY CONSTRUCTION SHALL BE COMPRISED OF A rMINIMUM 4" THIGK BASE COURSE AND A MINIMUM I 1/~ THICK BITUMINOUS CONCRETE TOP COURSE. THERE IS NO DRIVEWAY CURBING, THE DRIVEWAY SHALL BE CROWNED ALONG THE CENTERLINE TO PREVERT PUDDUNG. PERCENT OF LOT COVERAGE BY STRUCTURES: 3.3% PERCENT OF LOT FOR PAVED PARKING = 3.9% PERCENT OF LOT FOR LANDSCAPING = 92.8% Nov~o 61996. ,, :, PLOT PLAN: "" PLANNING BOARD iV[EMBERS BENNETT ORLOWSKI, JR. Chairman WILLI.~-M J. CREMERS k~NNETH L. EDWARDS GEORGE RITCHIE LATI-IAM, JR. I~ICI-L-kRD G. WARD June 10,1997 PLANNING BOARD OFFICE TOWN OFSOUTHOLD Maurice Fitzgerald Suffolk Division Manager Real Estate Department Long Island Lighting Co. 445 Broadhollow Rd. Melville, NY 11747 Re: Proposed LILCO Gas Compressor Station SCTM# 1000-122-7-6.6 Dear Mr. Fitzgerald: The following took place at a meeting of the Southold Town PI Monday, June 9, 1997: The final public hearing for the gas compressor station was ch WHEREAS, Long Island Lighting Co. (LILCO) is the contract ~ property known and designated as proposed gas compressor Rt. 25 in Mattituck, SCTM# 1000-122-7-6.6; and WHEREAS, a formal application for the approval of this site pi on September 26, 1996; and WHEREAS, this site plan for LILCO, is for a gas compressor WHEREAS, this site plan was certified by Gary Fish, Building 5, 1997; and Town Hall, 53095 Main Road P.O. Box i179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 anning Board on )sed. endee of the station, located at an was submitted ration; and Inspector, on June WHEREAS, a Special Exception was granted by the Zoning B ~ard of Appeals on May 7, 1997; and Page 2 LILCO gas compressorsta~on June 10, 1997 WHEREAS, a final public hearing was closed on said gas co application at the Town Hall, Southold, New York on June 9, WHEREAS, all the requirements of the Site Plan Regulation., Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant surveys dated November 4, 1996, and authorize the Chairms final surveys subject to a one year review from date of buildir Enclosed please find 2 copies of the approved site plan; one and one to be submitted to the Building Department when yo~ building permit. Please contact this office if you have any questions regardin(, Sincerely, Bennett Odowski, Jr. Chairman enc. cc: Building Dept. npressor 1997;and of the Town of iai approval on the to endorse the permit. Dr your records apply for your the above. (' SITE PLAN Presub mission conference (within 30 days of written request) Complete application received (Within 4 months of presub, conference) APplication reviewed at work session (Within 10 days of receipt) Applicant advised of necessary revisions ' (within 30 days of review)' Revised sub mission received · ~y g } Coordination V SEORA determination REFERRED TO. Board of Trustees '. SufroU: County Department or planning~ ~rtment of Transporta,ion _Stale Department of Transportation - County ' S~olk County Dept. of ltealth ~'-r~r e Commissioners P £ g. ,/-~rs Draft Covenants ~nd Restrictions Filed Covenants and Restrictions Landscape plan Approval of site pian -with conditions Endorsement of site'p/an Certificate of Occupancy inspection dne year review Received.J~_-/,S- ~_b ~ BINDER CONTROL SHEET Date Received Site plan Information to be Submitted or Included with Submission Architectural Review Committee Date Sent to ARC ;0 Type of building construction, occupancy, use and fire separation Floor plans drawn to scale - 1/4" = 1' preferred Elevation drawings to scale of all sides of each building, 1/4" = 1' pref the following information: Type and color of roofing - include sample Type and color of siding - include sample Type of windows and doors to be used, matetial and cz windows and door frames - include sample Type and color of trim material - include sample Type of heating/cooling equipment to be used. Show exterior Iocatio~ equipment i.e. heat pumps, air conditioning compressors, etc. on plans elevations. Type and locations of all roof-mounted mechanical equipment Type and locations of all mechanical equipment and/or plumbing venti~ roof or building sidewall. Type, color and style of proposed masonry material for chimneys or ac include samples or photos. Details, color, type and style of any proposed ornamentation, awnings, tents. Photos of existing buildings and/or neighboring properties from four di project site. Type, color and design of all exterior signage, both building-mounted standing. Comments: :rred including ,lor of all s of all and/or Ig through cent walls - canopies or rections of nd free TO S Southold, N.Y. 11971 (516) 765-1938 APPLICATION FOR CONSIDERATION OF Date of Application Filing Fee Dai New Use Change of Use Re-Use Extension of Revision of an Approved Site Plan (Date of Apl Other Specify Name of Business or Site Mattituck Gas Compressor Location of Site S/S Main Road (Rt. 25) S~'Z~ ~uoo-~2Z. Address of Site, if available ~a~n ~oad, Mattituck~ Name of Applicant r.nn~ T~l~na rAah~na Address of Applican~ ~ ~q ~r~ ~n~]ow ~d.~ Melvill, Per~on t~' ~e sponslble for ConstructionRobert H~ re,~.. _ . . . Telephone Telephone Applicant's interest in site-check one: Owner of Owner of Fee Title to Land Andrew D. StypeUnder co Address Main Road, Mattituck, Telephone Site Plans Prepared by LILCO License No Address 445 Broad Hollow Rd., Melville, NY Telephone Total Land Area of Site 35,798 Sq. Ft. Zon~ Existing Use of Site Undeveloped Proposed Gross Floor Area of Existing Structure(s) N/A Gross Floor Area of Proposed Structure(s) 11,200 Percent of Lot Coverage by Building(s) 3,3% Percent of Lot for Parking (where applicable) N~ Percent of Lot for Landscaping(where applicable) Datum(Specify)U.S.G.S. Has applicant been granted a varianc9 ~andfor specJ Board of Appeals Application ws filed ~/A~/~ for s~ Case Nuanber Name of Applicant Date of Decision Expiration Date Will any toxic or hazardous materials, as defined Board of Health, be stored or handled at the site? If so, have proper permits been obtained? N~ Number and Date of permit issued N/~ NO ACTION (EXCAVATION OR CONSTRUCTION) MAY BE UN-D] OF SITE PLAN BY THE PLANNING BOARD. Ur_b Ih ~3 L .... REAL .' EPT SITE PLAN :e Rec'd Existing Use ,roval ~t NY 11747 516) 391-~,n %A Ig III - Project Engzneer (516) 391-6517 Land 5tract to purchase 516) 298-8760 , N/A 516) 391-6498 "B" Gen Business District of Site PUDAXC u~x~ty sqft. sqft. sqft. .sqft. % N/A % Other N.G.V.D. al exceptipn by ecial exceptlon. by the Suffolk County NO ITAKEN UNTIL APPROVAL APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK Brian R. McCaffre¥ bein~ duly sworn, deposes and says that he resides at 445 Broad Hollow Rd., MelVille, NY 11747 in the State of New York, and that he is ¢o~w~,~¢v~5.of the above property, or that he is the Vice President, Administrat~nthe L¢~q Island (Title) (Speci~y whether Partnership Liqht~nq C_ompany which is hereby making appl.ication; that the or Corporation) owner or his heirs, successors or assigns will, at install the required site improvements in accorda~ of the Code of the Town of Southold for the area and that there are no existing structures or impr( which are not shown on the Site Plan; that title including all rights-of-way, have been clearly est shown on said Plan; that no part of the Plan infr: filed plan which has not been abandoned both as t¢ roads; that he has examined all rules and regu~at." Planning Board for the filing of Site Plans and wJ same; that the plans submitted, as approved, will changed in any manner without the approval of the and that the actual physical improvements will be strict accordance with the plans submitted. Sworn to before me this ANNETTE CALLORI NOTAKY PUBLIC, STATE OF NEW YORK NO. 4909166 COMMI~$10N EXPFi~E$ OCTOBEI~ ~9, 19 Signed /''~/~' (Partner dr Corporat Long Island Ligh Vice President, ~ his own expense, ice with Article XIII :tated herein ~vements on the land ~o the entire parcel, ~ablished and are .nges upon any duly , lots and as to ons adopted by the 11 comply with not be altered or Planning Board; installed in ncr) ~./~ and Title) ~ ing/u~mpany %dm~istration PRDJECT LD, NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor 1. APPLICANT/SPONSOR 2. PROJECT NAME LONG ISLAND LIGHTING COMPANY MA%*fITUCK GAS COPE RESSOR STATION 3. PROJECT LOCATION: Municipality Town of Southold County Suffol~ 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) S/S Main Road (Rt. 25) E/O intersection of Main Road (Rt. 25) SEQR and Old Main Road. 5, IS PROPOSED ACTION: ~ New {--] Expansion [] Modification/alteration 6. DESCRIBE PROJECT SRIEFLY: Construct a natural gas compressor station on an undeveloped pa ccel of land, approximatel, 0.82 acres in area. 7. AMOUNT OF LAND AFFECTED: ;nitlagy O , ~ acres Ultimately ~) , ~3~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRIC [] Yes {~No If NO, describe briefly As special exception must be received from the Zoning Board of utility st;ructure in a qeneral busines zone. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] industrial ~'Commercial [] Agriculture [] Park/Forest/OF Describe: General Business 10. nOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTH STATE OR LOCAL)? [] Yes [] NO If yes, fist agency(s) and permit/approvals il. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If ye~, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MOD F CATION? [] Yes [] NO CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF I IONS? %ppeals for a public n space ['-~Other KNOWLEDGE GOVERNMENTAL AGENCY (FEDERAL, If the action is in the Coastal Area, and you are a state agaric), complete the Coastal Assessment Form before proceeding with this as ;essment OVER 1 II--ENVIRONMENTAL ASSE~JlIENT (To be completed by Agency) TH~'r A. DOES ACTION EXCEED ANY TYPE I THI~I~SHOLD IN 6 NYCRR, PART 617.127 if yes, coorOin&le the rewew process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative de~;laratlon may Pe superseded by another involved agency. [] Yes [] NO C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: IAnswers may Pe handwritten, if legible) Ct. Existing air Quality, sudace or groundwater quality or Quantity, noise levels, existing traffic pa~terns, solid waste production or disposal poteniial for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or culturat resources; or community/or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or eflban~ered species? Explain briefly: C4. A community's existing plans or goals as officiaUy adopted, or a change in use or intensity of use of I ~nd or other natura~ resources? Explain brFafiy. C5. Growth. subsequent development, or related activities likely to be induced by the proposes action? Explain briefly. CE. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. D. iS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRON~ iENTAL IMPACTS? [] Yes [] No if Yes, explain briefly PART Ill--DETERMINATION OF SIGNIF_!CANCE (1'O be completed by Agency) INSTRUCTIONS: For e~ch adverse effect identified above, determine whether it is substantial, Each effect should be assessed in connection with its Ia) setting (i.e. urban or rural); (b) p irreversibility; (e) geographic scoDe; and If) magnitude, if necessary, add attachments or refe~ explanations contain sufficient detail to show that all relevant adverse impacts have been h [] Check this box if you have identified one or more potentially large or signific occu~ 3:hen proceed directly to the FULL EAF and/or prepare a positive decla ~ Check this box if you have determined, based on the information and anal documentation, that the proposed act[on WILL NOT result in any significant AND provide on attachments as necessary, the reasons supporting this deterf Name ot Lead Agency Dale arge, important or otherwise significant. 'obability cf occurring; (c) duration; Id) ence supporting materials. Ensure that ~ntified and adequately addressed. ~nt adverse impacts which MAY ation. Isis above and any supporting adverse environmental impacts lination; 2 PLANNING BOARD MEMB~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Edward Forester, Building Department Robert G. Kassner, Site Plan Reviewer ~-~ Long Island Lighting, Compressor Station Main Road, Mattituck SCTM# 1000-127-7-6.6 May 22, 1998 An inspection was made of the above project on this date. 'he Planning Board recommends that a Certificate of Occupancy be issue, . PLANNING BOARD M~EMBERS BENNETT ORLOWSKI, ,IR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCI-IIE LATHAM, JR. RICI~L~RD G. WARD Present were: PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES June g, 'lgg7 Bennett OrlowsKJ, Jr., Chairman Richard G. Ward G. Ritchie Latham Kenneth Edwards William Cremers Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Revie~ Martha Jones, Secretary Mr. Orlowski: Good evening. I'd like to call this meeting to o order of business, Board to set Monday, July 14, 1997 at 4:-~ Southold Town Hall, Main Rd., Southold, as the time and pla~ regular Planning Board meeting. Mr, Edwards: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. All those in favor Ayes: Mr, Orlowski, Mr, Ward, Mr. Latham, Mr. Edwards, Mr, Mr. Orlowski: Opposed? Motion carried. PUBLIC HEARINGS Mr. Orlowsl(J: 7:00 p.m. - Lon,cl Island Li(ihtin(l Co. (LILCO) - site plan is to construct a natural gas compressor station or parcel of land, approximately 0.82 acres in area. SCTM# 101 ask if there are any comments on this proposed site plan? Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fmx (516) 765-3136 Telephone (516) 765-1938 /er 'der. The first Op.m. at :e for the next 'emers. This proposed an undeveloped )0-122-7-6,6. I'll $outhold Town Planning Board 2 Maurice Fitzgerald: Good evening Mr. Chairman, members name is Maurice Fitzgerald. I act as the agent for the Lonc Co., who has filed the application as contract vendee on t7 discussed this with the Board, we reviewed it several mont incorporated all the proposed recommendations the Boarc time. The compressor station basically will operate in the wintert manned site and it is basically to take the existing gas pres: Riverhead, on a high usage, cold day, and boost it back up levels for the North Fork. In the summertime it will probably be dormant. It will be v there's no product stored in the station itself. In the wint( would pass through the station and back out. There's two one is a standby, one is the normal. The normal compress~ operated and is driven by electric power. The standby one had a power outage and the actual gas in the pipeline driw compressors. We've met with the Zoning Board of Appeals. We've had t fact, to a compressor very similar to this. Noise levels wet( at that time, with the Zoning 8oard and he was very well p operation and of what we showed him, very similar to the, want to install. This is probably the last step. We've got the NYSDOT curb, excavation permits, we've cleared through the DEC, becau mapped wetlands area that has been filled. We cleared Trustees also and got a waiver from them and we passed ti and now we're at Planning, and the next step is, hopefully, If the Board has any questions, I see my dynamic other halt door here. We have some color renditions of the site, I'll si in a second. We worked with the Mattituck Fire Dept. also to have a walkdown of the facility with the Fire Chief and once it's...assuming that it will be constructed, when it And you have photographs of what the two compressors self-contained, there is no way people could live in them o~ anything else, they just open and expose themselves for rr purposes. June 9, 1997 ~f the Board, my Island Lighting e property. We ns ago and we've had made at that me. It's an un- ;ure as it leaves to operating alved off and rtime the gas compressors - )r is electrically would be if we ;s the ~e Chairman, in a consideration eased with the ~eration that we Jr, the road ;e it is on a Town Board of ~rough the ZBA, a building permit. coming in the Iow them to you ]nd we're going leir members into operation. )k like, They're sit in them or aintenance Southold Town Planning Board June 9, 1997 At the Board's recommendation at one of our preliminary meetings, we actually have taken the grade at the site, which I'll say is basically Iow-level or street level, and we're going to lower it two feet and builc berm three quarters of the way, three sides around and a double row of plantings on the top for the screen. All the instrumentation, the comp 'essors and everything else, is automatically metered and telemetried :)ack to our operation center, so it's monitored on a 24 hour a day bas is. If you.have any questions, Bob (inaudible), the project ma~ myselt~can answer them for you. Mr. Orlo~vski: OK. Does the Board have any questions right Anyone ~se like to make a comment? Any questions frorr Ward? ~ Mr. Ward: N~. Mr. Orlowski: fv~. Latham? Mr. Latham: No. ,, Mr. Orlowski: Mr. Ed'Wards? Mr. Edwards: No. Mr. Orlowski: Mr. Cremers?, Mr. Cremers: No. Mr. Orlowski: If there are no questions I'll entertain a motic hearing. Mr. Cremers: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favc Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Mr. Orlowski: Opposed? Motion carried. Does the Board h; lager is here, or now? No? the Board?' Mr. to close the Cremers. ive any pleasure? Mr. Cremers: Mr. Chairman, I'll offer the following r~olutio q. ~ Recto.pt for . ~ ~ Receipt for Certifmd Mall -= ~ __ Nolnaura.¢eCovoragoProvided ~ Certified Mail ~ No Insurance Coverage Provided ~ Do not use for International Mail ~ ~ Do not use for International Marl ~ (S~e Reverse) ~ ~ (See Reverse) ~y~ & Nilli~ Gce~ec ~ . ~a~ Road ~ ~ Sta~e of ~w York ~1~ ~ 12231 TOTAL Pos~ge Postmark of Date ~l ' ~1 I$ I-,4s I~, =1 DOD ~nk you ~ ~1~ ~ ~nk you ~ ~ng ~m AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on ~ ~¥ 7_ ~ 1997. I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on v~ ~/ z -I 1997. Your name (print) Signature Address Date Notary Pu-bl~ [ Ai~NET"I'F, CM,LORI NOTARY PUBLIC, STATE OF NEW YORK NO. 4909166 QUALIFIED IN SUFFOLK COUNTY ~ COMMISSION EXPIRES OCTOEER 19, 19 .~ PLEASE RETURN 1-HIS AFFIDA VIT AND CERTIFIED MAIL £ECEIPI'5 ON THE DAY OF. 0/~ AT THE PUBLIC ItEA.e/NO Re: ~;~ SCTM#: Date of Hearing: REQUIREMENTS FOR SITE PL~%_N_E~L~NTS & CERTIFICATIDN SECTION-BLOCK-LOT TAX NAP NUr. IBERS NAME & ADDRESS OF OWNER OF RECORD / NAME & ADDRESS OF PERSON PREPARING MAP / DATE, NORTH POINT AND WRITTEN & GRAPIIIC SCALE / DESCRIPTION OF PROPERTY & INFORMATION TO DEFINE BOUNDARIES / LOCATIONS, NANES & EXISPING" WID'FIIS OF ADJACENT STRFiETS & CURBS / LOCATION & OWNERS OF ALI, ADJOINING LANDS, AS SItOWN ON. TAX RECORDS LOCATION & PURPOSE OF ALL EXISTING AND PROPOSED EASEMENTS / CONPLETE OUTLINE OF I'~XIS~IN(,' ' DEED R rLS/RIC~IONS' "' APPLYING TO PROPERTY EXISTING ZONING / AREAS SUBJECT TO FLOODING OR STORM WATER OVERF[,OWS~-/ tWATER COURSES, MARSIIES, WOODED AREA,>, REES IN DI1~ETER OR [,IORE / ANY BUILDING WIT}lIN 100' OF PROPERTY/ PAVED AREAS, SIDEWALKS, VEIIICULAI~ ACCESS TO PUBLIC STREETS / EXISTING SEWERS, CULVERTS, WATERLINES WITIIIN OR ADJACENT TO PROPERTY FENCING I - ~ANDSCAPIN~ AND SCREENING / PROPOSED BUILDINGS OR STRUCTURAL I~IPROV|'%MENTS 6"'" OFF STRI:~ET PARKING AND I,OA~ING ARI:~AS~"'" OUTDOOR LIG TING OR PI BI .lC ADDRESS SYSTE,~IS ./ OUTDOOR SIGNS- - NO 239K SIDEWALKs LOCATIONS WIDTIIS: SIZE OF WATER AND SEWER LINES / !. Off Street Parking by Approval of the Southold Tomm Planning Board. 2. All Lighting to comply with Southold To~m Zoning Code. 3. All fencing, screening and Landscaping By Approval of the Southold To~m Planning Board. 4. Curb Cut access to Rte. 25 as required by N.Y.S. Dot. 5. All buildings and uses shall comply vith Chapt. 45 of The Southold To~n Zodning Code. 6. All ~ork and uses to be in compliance ,ith Zoning Board of Appeals Special Exception No. 4429SE dated Hay 7, 1997. 7. Public Utilities and Buildings permitted by Special Exception pursuant to Article III Chapt. 100-3! B. (6). This Site Plan meets the Requireme?ts of a Public Utility in A B District and is so certified June 5, 1997. Gary/J. Dish t Notice of Pubic He~lng NOTICE IS HEREBY GIVEN that will be held by the Southold ~tmvn plnnning Board, at the Town Hall, Main Road, Southold, New york /n on the question of ~be following: 7:00 P.M. Public heating for ll~ pro- posed site plan for Long Island Lighting Co. (LILCO}, in Matlltuck, Town of Southold, County of Suffolk, Sm~ of New York. Suffolk County Tax Msp Number 1000-122-7-6.6. norlh by Main Road (Rt. 25}; on the William Gremlcr and wife; on the so~th by land now or formerly of Frank Jodan Holding corp. Dated: May 23, 1997 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Chairman 1008-1TM~'29 STATE OF NE.~ YORK) ) SS: Cowoof Mattituck. in rn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck. in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- lfYo ri u bi' s..~ e Clene ~ sa isducNcee::iPvaePl;~: on~emeeanCc~ ~eoe nk Principal Clerk SOUTHOLO TOWN PLANNING BOARD Sworn to b~re me this~ { day of ~ 19c.~? -/??'~"~ ~ ~' :' ~ MARY DIANA FOSTER NOTkRY PUBLIC, STATE OF NEW YORK NO. 52..4655242, SUFFOLK COUNTY COMMISSION EXPIRES AUGUST 31, 19.?? PLANN/NG BOARD NIEMBE~ RICHARD G. WARD GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Gary Fish, Building Inspector Robert G. Kassner, Site Plan Reviewer~ Long Island Lighting Co. Proposed Compressor Station Main Road, Mattituck SCTM# 1000-122-7-6.6 DATE: May 23, 1997 Please review the attached for certification. Attachment: -' ,~PP£ ALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOV~N OF SOUTHOLD Southold Town Hail 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 HAY I 3 INDINGS, DELIBERATIONS AND DETERMINATI~ONL- .... REGULAR MEETING OF MAY 7, 1997 . Appl. No. 4429SE - LILCO/STYPE; PARCEL 1000-122-7-6.6 STREET & LOCALITY: 8550 Main Road, Mattituck, NY DATES OF PUBLIC HEARINGS: Nov. 14, 1996; Dec. 12, 1996; March 13, 1997, April 10, 1997, April 24, 1997, May 7, 1997. PROPERTY DESCRIPTION: This property is located in a B-General Business Zone District, being situate on the southerly side of the Main Road (State Ronte 25). It contains a total lot area of 39,798 sq. ft. and is vacant unimproved land, all as more particularly shown on map submitted for consideration and made a part of the file under date of Novem- ber 6, 1996. RELIEF REQUESTED BY APPLICANT: To construct public utility compressor station (structure) on vacant land, subject to site plan approval by Planning Board and conditions as may be required by the Board of Appeals. BASIS OF APPLICATION: Article X, Section 100-10lB(l), (ref: Article III, Section 100-31B(6) which reads as follows: "Special Exception by approval of the Board of Appeals, ... are subject to site plan approval by the Planning Board: "...B(6) Public utility right-of-way as well as structure and installation necessary to serve area within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed." REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent uses because it is a busy commercial district; 2) The Special Exception use will not prevent the orderly and reasonable use of adjacent properties commercial zoning, and established commercial businesses, all surround this site, and the use has adequate parking and available open space; · Page 2 - May 7, 199T-ZBA Meeting Special Exception for LILCO/STYPE Parcel ~1000-122-7-6.6 3) This use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts, for the same reasons as noted in #1 and ~2. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected, in fact, testimony was given concerning the safety of the surrounding area in the event of an emergency such as a gas leak or fire. This concern included the response time of the company personnel and possible evacuation of the area. In light of this situation the applicant has contacted the Mattituck Fire District and has agreed to notify the Fire Department on a first-call basis as per letter dated January 20, 1997. While a specific evacuation plan was requested and not received, it is assumed that contacting the fire department first will have the same effect due to their intimate knowledge of the area. 5) testimouy was also taken concerning the smell of petroleum contamination. The N.Y.S. Department of Environmental Conservation reviewed the applicant's report and determined that no further action will be required at this time; D.E.C. Letter dated April 11, 1997 reads as follows: April 11, 1997 Mr. Thomas J. Campbell LILCO 445 Broadho[low Road Melville, NY i1747 Re: Route 25 and Hobson Drive, Mattituck, NY Dear Mr. Campbell: "...I have reviewed the April 1997 investigation report for the referenced site. Based upon a review of the report, you have completed the investigation concerning petroleum contamination at this time. This office has no further requirements regarding petroleum contamination for the referenced site at this time. Should additional environmental problems be discovered at this site, this office will require further action at that time. If you have any ¢luestions, please call me. Sincere{y, l(aren J. Gomez, P.E. Acting Reg-ional Spill Engineer, N.¥.S. Dept. of Environmental Conservation .... Page 3 - May 7, I~ZBA Meeting Special Exception for LILCO/STYPE Parcel -~1000-122-7-6.6 6) In a letter dated April 25, 1997, the N.Y.S. Department of Environmental Conservation suggested some actions be taken to reduce water infiltration through the subsurface material due to buried construction material on the southerly portion of this property. 7) it was decided by the enactment of this Code in January 1989, and subsequent amendments thereto, that this tl~-pe of public utility use is to be authorized after full review. 8) all units and site access-egTess areas will remain accessible for fire and police protection, as well as right-of-way areas, and this unit must continue to meet all fire/building regulations. 9) no other adverse conditions were found after considering items listed under Section 100-263 sad 100-264 of the Zoning Code. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT Chis Special Exception with tile FOLLOWING CONDITIONS: 1. Compliance by applicant with the contents of the letter dated January 20, 1997 to tile Mattituck Fire Department; 2. Compliance by applicant with the contents of tile letter dated April 25, 1997 from the N.Y.S. Department of Environmental Conservation, and applicable codes and regulations. VOTE OF THE Ostermann and adopted. BOARD: AYES: Members Dinizio, Doyen, Tortora, Goehringer. This~ution w~n~---~nanimo~s ly /~eResRARD P. GOEHRI~GER, ×CHAIB~IAN olution Adopted 5/7/97 Actions. 97/1227-6.6 APPEALS BOARD MEMBERS Gerard E Goehringer. Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1 I79 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 IAY I 3 199J FINDINGS, DELIBERATIONS AND DETERMINATI N ADOPTED AT REGULAR MEETING OF MAY 7, 1997' ........................... Appl. No. 4430 - LILCO (STYPE, Owner) PARCEL ID: 1000-122-7-6.6 STREET & LOCALITY: 8550 Main Road, Mattituck, NY DATES OF PUBLIC HEARINGS: Nov. 14, 1996; Dec. 12, 1996; and March 13, 1997; April 10, 1997; April 24, 1997; May 7, 1997. PROPERTY FACTS/DESCRIPTION: This property is located in a B-General Business Zone District situate on the southerly side of the Main Road (State Route 25). It contains a total lot area of 39,798 sq. ft. and is vacant, unimproved land, all as more particularly shown on map submitted for consider- ion and made a part of the file under date of November 6, 1996. RELIEF REQUESTED BY APPLICANT: To erect fencing surrounding proposed new construction (public utility compressor station), all subject to the site plan regulations of the zoning code (via PB). BASIS OF APPLICATION (AREA VARIANCE): Article XXIII, Section 100-231-A which reads as follows: "Fences, walls and berms may be erected and maintained, subject to the following height limitatiol~s: A. When located in the front yard ... of nonresidential zones, the same shall not exceed six (6) feet in height. B. When locat~in and along side and rear yards, the same shall not exceed 6-1/2 feet in height. REASONS FOR ACTION~ DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because as stated by the applicant, the fence will provide security to protect the area from unauthorized entry and vandalism; (2) the benefit sought by tile applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because an 8 ft. fence (from bottom) will provide minimum security for this unmanned operation; (3) the requested area variance is not substantial at this height which amounts to eight feet total from base or lower ground level instead of tile maximum permitted of six feet in a front yard location of a non-residential lot, or 6-1/2 ft. in side and rear yard Pa~e g - ifln~ ?, lkee~e~on Re: r.rr~:o (Va~_n~ce) Sd~tt~td Town Boat~ of Apl~__.!~_ location; x',, the board finds that the benefit increased s~ecurity is an overriding factor in (4) the pro~.osed variance will not have on the physical or environmental district becaus'a, the fence will be property line;. (5) the situation h~as not been to code would prox~de less surrounding area. RESOLUTION/ACTION: Chairman Goehringer, it the community in this variance. effect or impact in the neighborhood or setback from the because building a fence to the property and to the by Member Diaizio, seconded by RESOLVED, to GRANT FOLLOWING CONDITION: VOTE OF THE Ostermann and adopted. BOARfl~: Go~hringer. fence height relief SUBJECT TO THE all lighting be shielded to property. Members Dinizio, Doyen, Tortora, CHAqRMAN )ted 5/7/97 Actions. ZB / 1227 -6.6/p4 (Continued from above) (6)/ Thlg action is the minimum th, t the Board aggequate and at the same time preserves and of the neighborhood, and the health, safety, community o necessary and \the cba,-acter we~f the Page 2 - ':~a.7 7, Soutbold Town Board o[' Appeo. ls location; the board finds tbat the benefit to the community in increased security is an overriding factor in granting this variance. (4) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the fence will be sufficiently setback from the property line;. (5) the situation has not been self-created because building a fence to code would provide less security to the property and to the surrounding area. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the fence height relief SUBJECT TO THE FOLLOWING CONDITION: That all lighting be shielded to property. VOTE OF THE Ostermann and adopted. BOARD: AYES: Members Dinizio, Doyen, Tortor~, Goehringer. T~v~olution .~ ~_nm~im~usly / ~~/ / ~-,~ -,'.~ ,'~GERARD P. GOE~INGER, C~R~N / Resolu~on Adopted 5/7/97 Actions. ZB/1227-6.6/p4 (Continued from above) (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and proteots the character of the Reighborhood, and the health, safety, we]fare of the c0in%~111 nity. OFFICE OF THE ENGINEER TOWN OF sOUTHOLD ENGINEERING INSPECTOR PECONIC ~_~,~E, PECONIC, N.Y. Bennett Odowski, Jr. Chairman - Ptanning Board Town Hail, 53095 Main Road Southold, NewYork 11971 Dear Mr. Odowski ' FEBRUARY 3, 1997 Re: LONG ISLAND LIGHTING CO. Proposed Compressor Station, Mattituck SCTM #: 1000-122-07-06-6 As per your request, I have reviewed the proposed drainage for the above referenced project. The drainage calculations did not use the proper run off coefficients. The runoff coefficients should be 0.2 for the lawn and planting beds and 0.6 for the "dolomite" or stone ground cover. However, even with the corrections noted herein, the proposed drainage design provides for a recharge area that is large enough to handle the additional run off. The drainage design utilizes the southern or rear yard section of the site to handle the potential runoff generated at the site. This area is generally lower that the design elevation of the project and should have adequate storage capacity to handle any runoff generated. With this noted I have the following comments: 1. The naturally existing drainage basin is indicated to be approximately seven feet deep and the side slopes are relatively steep. This should be enclosed with perimeter fencing to prevent accidents. When and if the bottom ever becomes silted over, several feet of standing water could be present and should be enclosed. 2. Potential erosion problems exist If the surface water run off is to enter the existing basin by way of sheet flow over the proposed lawn. Water should be diverted to the drainage area by any means that would prevent ruts from forming at the top edge of the existing drainage area and prevent caving of the side slopes. This can be accomp shed by using a concrete catch basin connected by pipe to a pipe end section within the existing recharge basin or an asphalt gutter could be constructed to prevent the water from eroding the rear lawn of the site. If you have any questions concerning this report, please contact my office. cc; Raymond L. Jacobs (Superintendent of Highways) APPEALS BOARD MEMBERS Gerard R Goehringer. Chairman Serge Doyen James Dinizio. Jr. Lydia A. To.ora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O. Box 1 [79 Sourhold. New York 1 [97] Fax (516) 765- [ 823 Telephone (516) 7~55- [$09 '4AY 13 FINDINGS, DELIBERATIONS AND DETERMINATION .., :;;~.: ADOPTED AT REGULAR MEETING OF MAY 7, 199T~ .............. Appl. No. 4430 - LILCO (STYPE, Owner) PARCEL ID: 1000-122-7-6.6 STREET & LOCALITY: 8550 Main Road, Mattituck, NY DATES OF PUBLIC HEARINGS: Nov. 14, 1996; Dec. 12, 1996; March 13, 1997; April 10, 1997; April 24, 1997; May 7, 1997. and PROPERTY FACTS/DESCRIPTION: This property is located in a B-General Business Zone District situate on the southerly side of the Main Road (State Route 25). It contains a total lot area of 39,798 sq. ft. and is vacant, unimproved land, all as more particnlarly shown on map submitted for consider- ion and made a part of the file under date of November 6, 1996. RELIEF REQUESTED BY APPLICANT: To erect fencing surrounding proposed new construction (public utility compressor station), ail subject to tile site plan regulations of the zoning code (via PB). BASIS OF APPLICATION (ARFA VARIANCE): Article XXIII, Section 100-231-A which reads as follows: "Fences, walls and berms may be erected and maintained, subject to the following height limitatio~xs: A. When located in the front yard ... of nonresidential zones, the same shall not exceed six (6) feet in height. B. When Iocat~in and along side and rear yards, the same shall not exceed 6-1/2 feet in height. REASONS FOR ACTION~ DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because as stated by the applicant, the fence will provide security to protect the area from unauthorized entry and vandalism; (2) the benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because an 8 ft. fence (from bottom) will provide minimum securizy for this unmanned operation; (3) the requested area variance is not substantial at this height which amounts to eight feet total from base or lower ground level instead of the maximum permitted of six feet in a front yard location of a non-residential lot, or 6-1/2 ft. in side and rear yard De~on Re: r.rnCO (Variance) location; the board finds that tile benefit to the community in increased security is an overriding factor in granting this variance. (4) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because tile fence will be sufficiently setback from the property line;. (5) the situation has not been self-created because building a fence to code would provide less security to the property .and to the surrounding area. RESOLUTION/ACTION: On motion by Member DinJzio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the fence height relief SUBJECT TO THE FOLLOWING CONDITION: That all Lighting be shielded to property. VOTE OF Ostermann adopted. THE BOARD: AYES: Members Diaizio, Doyen, Tortora, and Goehringer. Th_is~resolution~ /wa~. q_nan, imously ~ GERARD P. GOEHRI~N, GER, CH~4RMAN ~'~ Resolution Adopted a/7/97 Actions. ZB / 1227-6.6/p4 (Continued from above) (6) Thi.~ action is the minimum that the Board deems necessa_.--y and adequate and at the same time preserves and protects the cbswacter of the neighborhood, and the health, safety, welfare of the community. APP£ ALS BOARD.MEMB ERI~ Gerard P Goehringer. Chairman Serge Doyen James Dinizio. Jr. Lydia A. Tortora Maureen C. Ostermann Southold To~n Hall 53095 Main Road RO. Box 1179 Southoid. New York 11971 Fax (516) 765-I823 Telephone (5 I65 765- I809 FINDINGS, DELIBERATIONS AND DETERMINATION; .... REGULAR MEETING Ob' MAY 7, 1997 Appl. No. 4429SE - LILCO/STYPE; PARCEL 1000-122-7-8.8 STREET & LOCALITY: 8550 Main R. oad, Mattituck, NY DATES OF PUBLIC HEARINGS: Nov. 14, 1996; Dec. 12, 1996; March 13, 1997, April 10, 1997, April 24, 1997, May 7, 1997. PROPERTY DESCRIPTION: This property is located in a B-General Business Zone District, being situate on the sontherly side of the Main Road (State Route 25). It contains a total lot area of 39,798 sq. ft. and is vacant unimproved land, ail as more particularly shown on map submitted for consideration and made a part of the file under date of Novem- bet 8, 1996. RELIEF REQUESTED BY APPLICANT: To construct public utility compressor station (structure) on vacant land, subject to site plan approval by Planning Board and conditions as may be required bv the Board of Appeals. ' BASIS OF APPLICATION: Article X, Section 100-10lB(I), (reft Article III, Section 100-31B(6) which reads as follows: "Special Exception by approval of the Board of Appeals, ... are subject to site plan approval by the Planning Board: "...B(6) Public utility right-of-way as well as structure and installation necessary to serve area within the town, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed." REASONS FOR BOARD ACTIONr DESCRIBED BELOW: 1) This use as requested is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent uses because it is a bnsy commercial district; 2) The Special Exception use will not prevent the orderly and reasonable use of adjacent properties - commercial zoning, and established commercial businesses, all surround this site, and the use has adequate parking and available open space; Page 2 - May 7, 1997 ZBA Meeting Special Exception for LILCO/STYPE Parcel #1000-122-7-6.6 3) This use will not prevent orderly and reasonable uses proposed or existing in adjaceut use districts, for tile same reasons as noted in #1 and 32. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the town would be adversely affected, in fact, testimony was given concerning the safety of the surrounding area in the event of an emergency such as a gas leak or fire. This concern included the response time of the company personnel and possible evacuation 'of the area. In light of this situation the applicant has contacted the Mattituck Fire District and has agreed to notify the Fire Department on a first-call basis as per letter dated January 20, 1997. While a specific evacuation plan was requested and not received, it is assumed that contacting the fire department first will have the same effect due to their intimate knowledge of the area. 5) testimony was also taken concerning the smell of petroleum contamination. The N.Y.S. Department of Environmental Conservation reviewed the applicant's report and determined that no further action will be required at this time; D.E.C. Letter dated April 11, 1997 reads as follows: April 11, 1997 Mr. Thomas J. Campbcll LILCO 445 Broadhollow Road Melville, NY 11747 Re: Route 25 and Hobsou Drive, Mattituck, NY Dear Mr. Campbell: "...I have reviewed the April 1997 investigation report for the referenced site. Based upon a review of the report, you have completed the investigation concerning petroleum contamination at this time. This office has no further requirements regarding petroleum contamination for the referenced site at this time. Should additional environmental problems be discovered at this site, this office will require further action at that time. if yOU have any questions, please call me. Sincerely, Karen J. Gomez, P.E. Acting Regional Spill Engineer, N.Y.S. Dept. of Environmental Conservation .... *' Page 3 - May 7, Meeting Special Exception for LILCO/STYPE Parcel #1000-i22-7-6.6 6) In a letter dated April 25, 1997, the N.Y.S. Department of Environmental Conservation suggested some actions be taken to reduce water in£iltration through the subsurface material due to buried construction material on the southerly portion of this property. 7) it was decided by the enactment of this Code in January 1989, and subsequent amendments thereto, that this type of public utility use is to be authorized after full review. 8) all units and site access-egTess areas will remain accessible for fire and police protection, as well as right-of-way areas, and this unit must continue to meet all fire/building regulations. 9) no other adverse conditions were found after considering items 1isled under Section i00-263 and 100-264 of the Zoning Code. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT this Special Exception with tile FOLLOWING CONDITIONS: 1. Compliance by applicant with the contents of the letter dated January 20, 1997 to :ile Mattituck Fire Department; 2. Compliance by applican[ with the contents of the letter dated April 25, 1997 from the N.Y.S. Department of Environmental Conservation, and applicable codes and reg-ulations. VOTE OF THE BOARD: AYES: Members Dinizio, Doyen, Tortora, Ostermann and Goehringer. T his~iu lion w~-s---~ananirf~o~ sly /~E~RARD P. GOEHRIIXYGER, "'CHAIP. MVIAN Resolution Adopted 5/7/97 Actions. 97 / 1227-6.6 PF~RM 42p'~8/93) Permit Fee.~,,,~, $ 39.60 Insura~C~'Fee: $ 0.00 Total Received: $ 39.60 Check or M.O. No,: CHARGED TO ACCOUNT *PermiUee: LILCO 445 BROAD HOLLOW RD. MELVILLE, NY 11747 att: REAL EST. DEPT. Billing Address: (Complete if different from above) STATEI~EW YORK DEPARTMENT OF TRANSPOI~ION ..... HJ~HWAY WORK EERMIT ! RECEiVE ! :! ~ , ............... i Permit Nc.:10-96-0~6 6 i 001 30 19~ ProiectldentificationNo.: ! ! Expiration Date: / / ~ ....... ' SH No.: I RE ,L ESTATE? Deposit Rec. for$8181 0.00 Check or M.O. No.: Dated: ./ / Estimated Cost of Work Performed in the State Right-of-Way $ O. O0 Chargeable to Bond No.: >K>K UOF *>w or Undertaking on File: Return of Deposit Made Payable to: (Complete if dilferent from Permittee) Under the provisions of the Highway Law or Vehicle & Traffic Law, permission is hereby granted to the permittee to: ON S/S/O HAIN RD. 420' W/O OLD MAIN RD., NATTITUCK, TO OPEN 15' X20' HOLE TO CONNECT NEW COMPRESSOR STATION TO EXIST ING 6' GAS MAIN. USE FIGURE 302-8-B FOR TRAFFIC CONTROL. Al! WORK NYS SPECS OR ASOBE M & P OF TRAFFIC RESP. OF PERM ITTEE AT ALL TIMES ETC. THE PERMil-I'EE IS RESPONSIBLE FOR THE MAINTENANCE AND PROTECTION OF TRAFFIC. ANYONE WORKING iN THE STATE HIGHWAY RIGHT-OF-WAY IS REQUIRED TO WEAR HIGH VISIBILITY APPAREL (ORANGE/YELLOW) AND HARD HAT. County- SUFFOLK Municipality- SOUTHOLB Route #- 2.5 as set forth and represented in the attached application at the particular location or area, or over the rout~,,~as stated therein, if required', and pursuant to the conditions and regulations general or special, and methods of performing work~jf-a~y; ~11 of which are set forth in the application and form of this permit, / IMPORTANT By: THIS PERMIT, WITH APPLICATION AND DRAWING (OR COPIES THEREOF) ATrACHED SHALL BE PLACED IN THE HANDS OF THE CONTRACTOR BEFORE ANY WORK BEGINS. THE HIGHWAY WORK PERMIT SHALL BE AVAILABLE AT THE SITE DURING CONSTRUCTION. BEFORE WORK IS STARTED AND UPON ITS COMPLETION, THE PERMITTEE ABSOLUTELY MUST NOTIFY THE RESIDENT ENGINEER, JOHN YOUNGMAN 1900 COUNTY RD it58 (516)727-1731 RIVERHEAD, NEW YORK 11901 UPON COMPLETION OF WORK AUTHORIZED, THE FOLLOWING WILL BE COMPLETED, SIGNED BY THE PERMITTEE AND DELIVERED TO THE RESIDENT ENGINEER. Work authorized by this permit has been completed. Refund of deposit or return/release of bond is requested. DATE PERMITrEE AUTHORIZED AGENT (If Any) Work authorized by this permit has been satisfactorily completed and is accepted. Reverse side of Ihie form must be completed, I-t Refund of Deposit is authorized Return of Bond is authorized Amount charged against Bond may be released I-3 Retain Bond for future permits Other DATE RESIDENT ENGINEER The Regional Office will forward this form to the Main Office with the appropriate box checked. [~ Permit closed I-t Bond returned/released I-'1 Refund of Guarantee Deposit on this permit is authorized F~ Other DATE REGIONAL TRAFRC ENGINEER The issuing authority reserves the fight to suspend or revoke this permit, at its discretion without a hearing or the necessity of showing cause, either before or during the operations authorized. The Permittee will cause an approved copy of the application to be and remain attached hereto until all work under the permit is satisfactorily completed, in accordance with the terms of the attached application, All damaged or disturbed areas resulting from work performed pursuant to this permit will be repaired to the satisfaction of the Department of Transportation. Upon completion of the work within the state highway right-of-way, authorized by the work permit, the person, firm, corporation, municipality, or state department or agency, and his or its successors in Interest, shall be responsible for the maintenance and repair of such work or portion of such work as set forth within the terms and conditions of the work permit. PERM &~p (8/93) Permit Fee: .~_.~ Insurance Fee: $ Total Received: $ Check or N.C. No.: *Permi~ee: STA'~F NEW YORK DEPARTMENT OF TRANSPQ~,TION HIGHWAY WORK PERMIT 550.00 0.00 ! -- CHARGED TO ACCOUi~T I EAL ESTATE DE T I Permit Nc.:10-96- 0369 Estimated Cost of Work Performed in the State Right-of-Way $ Chargeable to Bond No.: or Undertaking on File: LILCO 445 BROAD ttOLLOW RD. MELVILLE, NY 11747 att: REAL EST. DEPT. Billing Address: (Complete if dillerent from above) Project Identification No.: Expiration Date: / SH No.: 8181 Deposit Rec. for $ 0,00 Check or N.C. No.: Dated: / 0.00 ~:~, UOF Return of Deposit Made Payable to: (Complete If dilferent from Permittee) Under the provisions of the Highway Law or Vehicle & Traffic Law, permission is hereby granted to the permittee to: TO OPEN THE 50UTH SIDE OF STATE ROUTE 25, MATT]TUCK, FOR THE PURPOSE OF CONSTRUCHN6 A NEW ENTRANCE TO A LILCO COtlPR ESSOR STATION; All WORK NYS SPECS OR ASODE HAINTENANCE AND PROTECTION OF TRAFFIC RESPONSII]ILIIY OF PERMITTEE AT ALL TIMES ETC. THE PERMITTEE IS RESPONSIBLE FOR THE MAINTENANCE AND PROTECTION OF TRAFFIC. ANYONE WORKING IN THE STATE HIGHWAY RIGHT-OF-WAY IS REQUIRED TO WEAR HIGH VISIBILITY APPAREL (ORANGE/YELLOW) AND HARD HAT. County- SUFFOLK Municipality- BOUTHOLD Route #- 25 as set forth and represented in the attached application at the particular location or are~,,,or over the routes as stated therein, if required and pursuant to the conditions and regulations general or special, and methods of ped°rming work,/,~any; all of which are set forth!':i~' the application and form of this permit. ,./' '/ . .... HAUPPAU6E, N.Y. ~// ~/ L ~ uateo at: ~0/28/96 Co--.~-~is~;13~ e{. o f ~,t~a~ sport atio[~,/ /z~- Date S,gned" By: ~/~ZT~L E j--- ~ IMPORTANT THIS PERMIT, WITH APPLICATION AND DRAWING (OR COPIES THEREOF) ATTACHED SHALL BE PLACED IN THE HANDS OF THE CONTRACTOR: BEFORE ANY WORK BEGINS. THE HIGHWAY WORK PERMIT SHALL RE AVAILABLE AT THE SITE DURING CONSTRUCTION. BEFORE WORK IS STARTED AND UPON ITS COMPLETION, THE PERMITTEE ABSOLUTELY MUST NOTIFY THE RESIDENT ENGINEER, JOHN YOUNGMAN 1900 COUNTY RD 4f58 (516)727-1731 RIVERHEAD, NEW YORK 11901 UPON COMPLETION OF WORK AUTHORIZED, THE FOLLOWING WILL BE COMPLETED, SIGNED BY THE PERMITTEE AND DELIVERED TO THE RESIDENT ENGINEER. Work authorized by this permit has been completed. Refund of deposit or return/release of bend is requested. DATE PERMITTEE AUTHORIZED AGENT (1! Any) Work authorized by this permit has been satisfactorily completed and is accepted. Reverse side of this form must be completed. I-I Refund of Deposit is authorized Return of Bond is authorized Amount charged against Bond may be released Retain Bond for future permits Other DATE RESIDENT ENGINEER The Regional Office will forward this form to the Main Office with the appropriate box checked. Permit closed Bond returned/released r-i Refund of Guarantee Deposit on this permit is authorized Other DATE REGIONAL TRAFFIC ENGINEER The issuing authority reserves the right to suspend or revoke this permit, at its discretion without a hearing or the necessity of showing cause, either before or during the operations authorized. The Permittee will cause an approved copy of the application to be and remain attached hereto until all work under the permit is satisfactorily completed, in accordance with the terms of the attached application. All damaged or disturbed areas resulting from work performed pursuant to this permit will be repaired to the satisfaction of the Department of Transportation. ' Upon completion of the work within the state highway right-of-way, authorized by the work permit, the person, firm, corporation, municipality, or state department or agency, and his or its successors In Interest, shall be responsible for the maintenance and repair of such work or portion of such work as set forth within the terms and conditions of the work permit. Albert J. Krupsld, President John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 25, 1996 Maurice Fotzgerald LILCO 4{5 Broad Hollow Road Melville NY 11747 Re: SCTM g122-7-6.6 Dear Mr. Fitzgerald, The following action was taken by the Board of Trustees at their regular meeting of Noveafmer 22, 1996: RESOLVED that the Southold Town Board of Trustees approve the request for a Waiver to install a gas compressor station on the south side of Main Road, Mattituck with an 8' chain link fence around it. If you have any questions, please call our office. Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK:djh cc. DEC Bldg. Dept. PLANNING BOARD MEMB]~ RICI-IARD G. WARD GEORGE RITCHIE LATI-IAM, JR. BEN-NETT ORLOWSKI, JR. W~LLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 14, 1997 Maurice P. Fitzgerald Suffolk Division Manager Real Estate Department Long Island Lighting Company 445 Broad Hollow Road Melville, NY 11747 RE: Proposed LILCO Compressor Station Main Road, Mattituck SCTM# 1000-122-7-6.2 Dear Mr. Fitzgerald, The Planning Board has received the enclosed report from the Town Engineer. It is sent to you for your attention. RAYMOND L. JACOBS SUPERINTENDENT SOUTHOLD TOWN HIGHWAY DEPARTMENT Fax. (516)-765-1750 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ]A~qES A. RICHTER, R.A. ENGINEERING INSPECTOR PECONIC LANE, PECONIC, N.Y. Tel. (516)-765-3070 ~ Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, NewYork 11971 Dear Mr. Orlowski ' FEBRUARY 3, 1997 Re: LONG ISLAND LIGHTING CO. Proposed Compressor Station, Mattituck SCTM #: 1000-122-07-06.6 As per your request, I have reviewed the proposed drainage for the above referenced project. The drainage calculations did not use the proper run off coefficients. The runoff coefficients should be 0.2 for the lawn and planting beds and 0.6 for the "dolomite" or stone ground cover. However, even with the corrections noted herein, the proposed drainage design provides for a recharge area that is large enough to handle the additional run off. The drainage design utilizes the southern or rear yard section of the site to handle the potential runoff generated at the site. This area is generally lower that the design elevation of the project and should have adequate storage capacity to handle any runoff generated. With this noted I have the following comments: The naturally existing drainage basin is indicated to be approximately seven feet deep and the side slopes are relatively steep. This should be enclosed with perimeter fencing to prevent accidents. When and if the bottom ever becomes silted over, several feet of standing water could be present and should be enclosed. Potential erosion problems exist If the surface water run off is to enter the existing basin by way of sheet flow over the proposed lawn. Water should be diverted to the drainage area by any means that would prevent ruts from forming at the top edge of the existing drainage area and prevent caving of the side slopes. This can be accomplished by using a concrete catch basin connected by pipe to a pipe end section within the existing recharge basin or an asphalt gutter could be constructed to prevent the water from eroding the rear lawn of the site. CC: If you have any questions concerning this report, please contact my office. Raymond L. Jacobs (Superintendent of Highways) S~rely, ,~ /~ Richter, R.A. ~ FEB 5 ~997 ~IATTITUCK FIRE DISTRI~I~ P. 0 Box 666, Pike Street Mattituck, New York 11952-0666 office (516) 298-8837 fax (516) 298-8841 Walter Koslanowski, Chairman John M. Divello John C. Harrison G. Thomas Woodhull John A. Keogh, Sect. Barbara Dickerson, Treas. December 12, 1996 Planning Board Office Town of Southoid Southold, NY 11971 RE: SCTM//1000-122-7-6.6 LILCO Compressor Station Gentlemen: The Board of Fire Commissioners of the Mattituck Fire District have reviewed the enclosed plans for the LILCO Compressor Station on Route 25, Mattituck and found that there is sufficient fire hydrants for fire suppression in the area. Sincerely, ( A. S t. \~.~lattituck F~re Dis~. PLANNING BOARD M~EMBE~ RICHARD G. WARD Chairman GEORGE RITCHIE LATI-IAM, BENNETT ORLOWBK~, JR. WILLIAM d. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-3136 Telephone {516) 76.5-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD John A. Keogh, Secretary %ttituck ?ice District Pike St. ~tal. titucI<. NY 11952 Dear Mr l(eogh: [~The enclosed site plan is being relerred to you Ior fire access review and for ~'our recommendations as t.o whether any fire- wells are needed. Please specify whether 'irewells are shallow or electric, The enclosed subdivision is being referred to ~ou for your recom- mendation at Lo whether any firewetls are needed. Please specify whether rirewells are shatlo~ or electric. ,.ooper ahon. [996. Thank you for your PLANNING BOARD MEMBERS I~ICI-IARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKL JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOVv-N OF SOUTHOLD MEMORANDUM TO: FROM: RE: Main Road, DATE: JameM ~Richter, Town Engineer Robert G. Kassner, Site Plan Reviewer~ Review of drainage for Long Island Lighting, Mattituck Compressor Station Mattituck SCTM# 1000-122-7- December 3, 1996 Please review the attached for drainage. cc: Raymond L. Jacobs, Superintendent of Highways PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TO: FROM: RE: DATE: PLYING BOAI~I) OFFICE TOWN OF SOUTHOLD Gerard P. Goehringer, Chairman, Board of Appeals Richard G. Ward, Chairman Request for Coordination Request November 14, 1996 Long Island Lighting Company Main Road, Mattituck SCTM# 1000-122-7-6.6 The Planning Board has reviewed the preliminary site plan and finds it to be satisfactory. The compressors will be screened from view by a berm and double row of evergreens. The noise level of the gas compressor is not c.f major concern because it seems to be within acceptable limits a~,d will be operating primarily during electrical outages. Also, the proposed elevation of the compressors and the berm should mitigate whatever noise may be generated. David Defriest Main Road, Greenport SCTM# 1000-45-3-2 As you are aware, the Planning and Zoning Committee has discussed the possibility of permitting used car lots and ear rental businesses within the B General Business district. If the Committee were to move ahead with this proposal, the application before the ZBA would be unnecessary. However, since no decision has been reached, this Board is unable to comment further. Kid N' Round by Theresa Walker County Road 48, Southold SCTM# 1000-55-2-21 The portion of the property and building that the applicant wishes to establish her business in does not have site plan approval. The Planning Board recommends that the owner of the shopping center be required to submit the information necessary to complete the pending site plan application before a decision is rendered. This unresolved site plan has been outstanding since 1989 as per attached letter. LONG ISLAND LIGHTING COMP/~IY 445 BROAD HOLLOW ROAD MELVILLE, NEW YORK 11747 November 8, 1996 Town of Southold 53095 Main Road Southold, NY 11971 Attn: Planning Board Re: Proposed LILCO Gas Compressor Station Main Road, Mattituck, NY SCTM #1000-122-7-6.6 Gentlemen: On September 26, 1996, I transmitted to the Board a completed application for "Consideration of the Site Plan" associated with the above referenced project. With the application were nine (9) copies of LILCO Drawing MTGC-FY-02001-00 titled "Plot Plan". As a result of correspondence and meetings with the Board, this Plot Plan has been revised to address and resolve the Board's concerns. Please destroy the old Plot Plan drawings and substitute the attached revised ones. If there are any questions, please do not hesitate to contact me at (516) 391-6052. Very truly yours, Maurice P. Fitzge~l~ Suffolk Division Manager Real Estate Department MPF/ac 007777 Attachments PLANNING BOARD MEMBerS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT OP~LOWSKI, JR. V~rILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 9, 1996 Maurice P. Fitzgerald, P.E. Suffolk Division Manager Real estate Department Long Island Lighting Company 445 Broad Hollow Road Melville, NY 11747 Re: Proposed LILCO Gas Compressor Station Main Road, Mattituck, NY Dear Mr. Fitzgerald, The Planning Board has received your letter of September 26, 1996, in regard to the above mentioned project. The following additions/changes must be made before the Board can proceed with its review: 1. Set back must be ninety feet (90') from property line. 2. Elevation drawings in color of compressors. 3. Maximum height of lighting posts is fourteen feet(14'). 4. Noise level exceeds standards of East Hampton and is considered by this Board as too high a level. 5. Screening, using 4' and 5' evergreens and a 7' high chain link fence is inadequate to screen the 10' 8~ high compressors. 6. All outdoor lighting must be shielded to the premises. 7. Lot coverage not shown. 8. % landscaped not show~. In addition, the Board is not in favor of barbed wire on the fence, and for aesthetic purposes would prefer a wood fence. Consideration should be given to placing a earthen berm around the property. The Board would like to see the compressors placed in a suitable enclosure. If you have any questions, or require further information, please contact this office. ( ~ol~t G. Kassner k-/Site Plan Reviewer cc: Thomas Fisher, Senior Building Inspector LONG ISLAND LIGHTING COMPANY 445 BROAD HOLLOW ROAD MELVILLE, NEW YORK 11747 September 26, 1996 Town of Southold 53095 Main Road Southold, NY 11971 Att: Planning Board Re: Proposed LILCO Gas Compressor Station Main Road, Mattituck, NY Gentlemen: The Long Island Lighting Company is planning the installation of a gas compressor station on the south side of Main Road in Mattimck. The Company is Contract Vendee for the required property. The station will be unmanned and will not have any water or sanitary facilities. The planned compressor station has the sole purpose of maintaining the operating pressure in the gas distribution system on the north fork east of Mattituck. It will consist of two (2) units. The primary compressor will be electrically driven and the secondary compressor (backup) will be driven by natural gas. It is expected that the station would operate only in cold weather and then only in the morning and evening hours during times of high gas consumption. Both compressors are housed in sound insulated compartments. A comparison was made of the operating noise levels provided by the manufacturer and the Town of East Hampton's noise code. The code limits are for the hours between 7:00 P.M. and 7:00 A.M. the operational values are for the hospital grade muffler on the gas engine compressor. East Hampton Compressor Compressor Octave Allowable ~ 5 ft ~ 50 ft Hz dB dB dB 63 73 95 74 125 67 63 47 250 60 51 30 500 55 55 35 1000 51 59 40 2000 46 62 42 4000 43 62 42 8000 40 60 40 Overfll 55 73 54 To begin the permitting process, application is being made to the Planning Board for Consideration of Site Plan. Applications are concurrently being made to the Zoning Board of Appeals for a Special Exception and the Building Department for an "Appeal for Variance" for eight (8') foot security fence.. Attached are the following: a) ~) c) d) e) f~ g) A completed Planning Board Application. Short Environmental Assessment Form. Applicant's Affidavit. LILCO check to cover filing fees. Nine (9) copies of Plot Plan drawing #1 MTGC - FY - 02001-00 Four (4) copies of Aerial Survey. Copy of contract for pumhase of property. If additional information is required, please do not hesitate to contact me at (516) 391-6052. MPF/ac 008067 Attachments cc: Zoning Board of Appeals Building Depat iment No attachments Very truly yours, · . ' g alff~P.E. Suffolk Division Manager Real Estate Depzatment September 26, 1996 LONG ISL,ad~ID LIGHTING COMPANY 445 BROAD HOLLOW ROAD MELVILLE, NEW YORK 11747 Town of Southold 53095 Main Road Southold, NY 11971 Att: Zoning Board of Appeals Proposed LILCO Gas Compressor Station Main Road, Mattituck, NY Genilemen: The Long Island Lighting Company is planning the installation of a gas compressor station on the south side of Main Road in Mattituck. The Company is Contract Vendee for the required property. The station will be unmanned and will not have any water or sanitary facilities. The planned compressor station has the sole purpose of maintaining the operating pressure in the gas distribution system on the north fork east of Mattituck. It will consist of two (2) units. The primary compressor will be electrically driven and the secondary compressor (backup) will be driven by natural gas. It is expected that the station would operate only in cold weather and then only in the morning and evening hours during times of high gas consumption. Both compressors are housed in sound insulated compartments. A comparison was made of the operating noise levels provided by the manufacturer and the Town of East Hampton's noise code. The code limits are for the hours between 7:00 P.M. and 7:00 A.M. the operational values are for the hospital grade muffler on the gas engine compressor. East Hampton Compressor Compressor Octave Allowable @ 5 ft @ 50 ft Hz dB dB dB 63 73 95 74 125 67 63 47 250 60 51 30 500 55 55 35 1000 51 59 40 2000 46 62 42 4000 43 62 42 8000 40 60 40 Overall 55 73 54 To begin the permitting process, application is being made to the Zoning Board of Appeals for a "Special Exception". Applications are concurrently being made to the Planning Board for site plan review and the Building Depamnent for an "Appeal for Variance" for an eight (8') foot security fence. Attached are six (6) copies of the following: a) b) c) d) e) f) g) Completed ZBA Application for Special Exception. Completed Questionnaire for f'fling with ZBA Application. Completed Short Environmental Assessment Form. LILCO check to cover filing fee. Plot Plan Drawing #MTGC-FY-02001-00. Aerial Survey. Copy of contract for purchase of property. If additional information is required, please do not hesitate to contact me at (516) 391-6052 MPF/ac 007069 Attachments cc: Planning Board Building Department Very truly yours, Maurice P. Fitzgerald, P.E. Suffolk Division Manager Real Estate Depath~lent No Attachments LONG ISLAND LIGHTING COMPANY 445 BROAD HOLLOW ROAD MELVILLE, NEW YORK 11747 September 26, 1996 Town of Southold 53095 Main Road Southold, NY 11971 Att: Mr. Thomas Fisher Senior Building Inspector Re: Proposed LILCO Gas Compressor Station Main Road, Mattituck, NY SCTM # 1000-122-07-6.6 Dear Mr. Fisher: Several months ago a "preliminary" Building Permit Application was submitted to you with minimal data on a proposed Natural Gas Compressor Station in Mattituck. The reason for this initial application was to solicit from the Town the direction that the Long Island Lighting Company should take on this project. This was accomplished and summarized in your memo of October 19, 1995 and other subsequent meetings with various Town Depattments. To begin this permitting process, applications are being concurrently filed with the Town's Planning Board, Zoning Board of Appeals and the Building Depathuent. Reference copies of included transmittal letters. A Building Permit Application is being filed now, prior to determinations by the Planning Board and Zoning Board of Appeals since an eight (8') foot high security fence is being proposed for the facility. This fence will require a variance based on an appeal to the Zoning Board of appeals. It is hoped that the hearing on the "Appeal for Variance" could be held the same time that the Zoning Board of Appeals is considering LILCO's Application for Special Exception on this same project. To begin the permit and denial processes in the Building Department, please find enclosed: a) b) A newly completed Application for Building Permit. Three (3) copies of Aerial Survey and Plot Plan. Drawing #1VlTGC-FY-02001-00. c) d) A completed application for "Appeal from Decision of Building Inspector". LILCO check to cover building permit application fee. If additional information is required, please do not hesitate to contact me at (516) 391-6052. MPF/ac 007073 Attachments Very truly yours, Maurice P. Fitzgerald, P.E. Suffolk Division Manager Real Estate Depam~ent CCi Planning Board No Attachments Zoning Board of Appeals " " R~P~TKD(6t~4) I,'.y~sI ~A. 8041 (Rev. 11/78) - CONTRACT OF SALE -Page 1 WARNING: NO REPRESENTATION IS MADE THAT THiS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty loss before the title dosing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the ~'°'~" day of Scptc~mbcr , 19 9 6 BETWEEN STYPE BROTHERS REAL ESTATE, INC. DATE: PARTIES: PREMISES: PERSONAL PROPERTY: PURCHASE PRICE: Address: Main Road, P. O. Box 63, Mattituck, hereinafter called "SELLER", who agrees to sell; and LONG ISLAND LIGHTING COMPANY New York 11952 Address: 175 East Old Country Road, Hicksville, New York 11801 hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon (the "PREMISES"), more fully described on a separate page marked "Schedule A," and also known as: Street Address: Main Road, Mattituck, New York Tax Map Designation: 1000-122.00-07.00-006. 006 Together with SELLER'S interest, if any, in streets and unpaid awards as set fodh in Paragraph 9. Thc cz!c c!cc !.-.c!,_'dcc 2!! f!×t'-'rcc and _~."t!c!cc _'cf ~'c'_rccncl ~re,~c~.' cttcchcd~~.tc v,: '.~c. cd :,~ cc, nncc. tl ..... :th the PREMISES,unless specifically excluded below. SELLER states t~~by SELLER free and dear of any lien other than the EXISTING M~They include but are not limited to plumbing, heating, lighting and cooking~en cabinets, mantels, door mirrors, venetian blinds, sh~ ~s, mailboxes, weather v~, dishwashers, washing machines ryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning equipment ..... .".cta!~ct!cnc, c.".d v.,a!! to ,A,a!! c_~rpefing. VACANT LAND 1. (a) The purchase price is $ '19 0,00 0.00 Payable as follows: On the signing of this contract, by check subject to collection: $ 9,500.00 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ 0 By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER:' $ 0 BALANCE AT CLOSING: $ 180,500.00 provide that it will remain subject to the prior lien of any EXISTING MORTGAGE even thouO'~htheE~.zY~G MORTGAGE is extended or modified in good faith. The Purchase Money Note and Mortga~.gJ}-m'l~ll be drawn on the standard form of New York Board of Title Underwriters by the attorney for~ERL PURCHASER shall pay the mortgage recording tax, recording fees and the attorney's fee~iJ:~h~amount of $ for its preparation. ~ (c) If any required payments are made on an EXISTI~N~RTGAGE between now and CLOSING which reduce the unpaid principal amount of an EXlS~ORTGAGE below the amount shown in paragraph 2, then the balance of the price p~ll be adjusted SE~~ amount shown in Paragraph 2 is reas~e EXISTING MORTGAGE will be made. ~ (d) if th~ow account th~ is m¢lntained for the purpose of paying taxes or insurance, ~ PUROHASER shall pay the EXi'~Fi N G ,. MORTGA, GE'(S): ACCEPTABLE FUNDS: "SUBJECT TO" PROVISIONS: TITLE COMPANY APPROVAL: CLOSING DEFINED AND FORM OF DEED: CLOSING DATE AND PLACE: BROKER: STREETS AND ASSIGNMENT OF UNPAID AWARDS: MORTGAGEE'~ CERTIFICATE OR LE'I-I'ER AS TO EXISTING MORT- GAGE(S): COMPLIANCE WITH STATE AND MUNICIPAL DEPARTMENT VIOLATIONS AND ORDERS: OMITIFTHE PROPERTY IS NOTIN THE CITY OF NEW YORK INSTALLMENT ASSESSMENT: Mortgage now in the unpaid principal amount of $ and inter~ year, presently payable i~r n(f~pal, k, terest, and with any balance of principa~ ............. SELL--he holder of the mortgage 3. All money payable under this contract unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the amount of One Thousand and 00/100 ($1,000.00dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. SEE RIDER ANNEXED HERETO FOR ADDITIONAL PROVISIONS taDle 5. SELLER shall give and PURCHASER shall accept sum~le as any bona fide title cu~3ny doing business in Suffolk: County , a member of The New York Board of Title Underwriters will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this contract. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargain and Sale With Covenant Against Grantor's Acts deed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. 7. CLOSlNG will take ptace at the office of Charles E. Raffe, Esq., 747 East Main Street, Riverhe.~_, New y r 1190 10:00 ~ o~onor ~ut 10 March 17, 1997 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than Sty]p_e. Brothers Real Estate, Inc. and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. 10 .-,~ ......................................................... ; ~, CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording~ of the unpaid principal and interest, date of maturity, and rate of interest ~..___._.-.--.---"--- SELLER shall pay the fees for recur other ..... institution as defined in Sea',ed I. tte.er d.,ate, cl not ~,~ hereby states that any 11.a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authodzafions necessary to make the searches that could disclose these matters. prior to CLOSING and a able i ' his provision shall survive 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. MENTS: WATER METER READINGS: ALLOWANCE FOR UNPAID TAXES, ETC.: USE OF PURCHASE PRICETO PAY ENCUM- BRANCES: AFFIDAVIT AS TO JUDGMENTS, BANKRUPT CIES.: DEED TRANSFER AND RECORDING TAXES: PURCHASER'S LIEN: SELLER'S INABILITY TO CONVEY AND LIMITATION OF LIABILITY: CONDITION OF PROPERTY: ENTIRE AGREEMENT: CHANGES MUST BE IN WRITING: SINGULAR ALSO MEANS PLURAL: 13. The following a. be apportioned as of midnight of the day.fore the day of CLOSING: (.a.)--R. ents-a~-ar~d','wll~q"'coft~J~edT-(l~-llTter~s'[-oTr' EXI~-"?i N G ~,a-.ac~e-~m,~e~-a~d.c-e .......... .-. ....... ~.., ,.~ej-f~'~v. '.c.C.qd3~i',lG. (d) Taxes, water charges and sewer rents, on the basis of the Escal period .fo~ whicj'), a..ssessed. 12/01/9b to £±/Ju/~/ If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the oJd tax rate for the preceding pedod applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. before CLOSING date and the unfixed meter nh~r~n,~ :, ,' , e apportioned on the basis of such 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative, SELLER may deposit money with the title insurance company employed by PURCHASER required by it to assure its discharge, but only if the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that of SELLER, SELLER shaft deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. thoroughly acquainted with their condition. PUR~'/i~_e_nt ,condition subject to reasonable us , ur~nd CLOSING. PURCHASER shall have 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that are not set forth in this contract. 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may rerquire it. SEE RIDER ANNEXED HERETO FOR ADDITIONAL PROVISIONS In Presence Of; SELLEK: pURCHASER: ~W O. STY?E,yR~IDENT LONG ISLAND LIGHTING COMPANY By: L.'~ B. R. McCaffrey,/V~ce President ST~TZ OF'NEW YORK, COUNTY O~I~ On the day of me personally came SS: 19 , before to me known to be the individual desc_ribed iu and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK,COUNTY OF ss: On the 18th day of September, 1996 ,before me personally came B.R. McCaffrey to mc known, who, being by me duly sword, did depose add say that he resides at No. 175 El. Old Country Rd. Hicksville, NY that he is the Vice President, Admiais. of Long Island Lighting Company , the corporation described in and which executed the foregoing instrument; that he lmows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h ANN~¥~' ~g~a~ like order. NOWtR¥ PUBLIC, STATE OF NEW YORK OUALIFIED !N SUFFOLK COUNTY STATE OF NEW Yg~IK,COUNTY OF On the day of me personally came ~- sS: 19 , bofore to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK,COUNTY OF On the day of me personally came to me known and known to me to be a partner in SS: 19 , before , a partnership, dud known to me to be the person described in add wbo executed the foregoing instrument in the partnership ~tuly acknowledged that he executed the foregoing.instrument for and on behalf of said partnership. Closing of title under the within contract is hereby adjourned to 19 , at o'clock, at ; title to be closed and all adjustments to be made as of 19 Dated. 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby a~signed, transferred and set over unto and said assignee hereby assumes all obligations 0f [he '~urchaser thereunder. Dated, 19 Purchaser Assignee of Purchaser Title No. Contract of Sale From: To: PREMISES Section Block Lot County or Town Street Numbered Address Recorded at Request of Fidelity National Title Insurance Company of New York RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWPATERS Distributed by Zip Code Fidelity National Title INSURANCE COMPANY OF NEW yORK REGIONAL OFFICE I Two Park Avenue, New York, NY 100161 (212) 481-5858 NEW YORK STATE NASSAU: 1415 Kellum Place, Garden City, N.Y. 11530 (516) 741-5050 NEW CITY 20 South Main Street, New City, N.Y. 10956 (914) 634-3636 SUFFOLK: 1149 Old Country Read, Riverhead, N.Y. 11901 (516) 727-0600 WESTCHESTER: 140 Grand Street, White Plains, N.Y. 10601 (914) 946-1600 RIDER TO CONTRACT DATED SEPTEMBER ~", 1996 BETWEEN and STYPE BROTHERS REAL ESTATE, INC., LONG ISLAND LIGHTIN~ COMPANY, as SELLER, as PURCHASER, 25. The premises are cold subject to: (a) agreements, recervations, covenants and restrictions of record, (b) any state of facts an accurate survey might show providing title is not rendered unmarketable thereby; (c) encroachments and variations from the record line of hedgec, retaining walls, sidewalks and fences (which same shall not be deemed to render title unmarketable) and (d) Permanent Easement to the State of New York in Liber 4669 cp 457. 26. If the purchaser shall assert objectionc to the marketability of title (other than encumbrances which title is made "Subject to" herein), Seller's attorneys shall be given due notice thereof a reasonable time prior to the date set herein for the closing of title, and, if necessary, Seller shall be entitled to a reasonable adjournment to remove such objections, but shall not be compelled to bring any action or proceeding or to incur any expense in order to render title marketable. In the event such objections cannot be removed and as a result thereof title shall prove unmarketable, as a condition precedent to the execution of this contract, it is agreed that the rights of the Purchaser and the liability of the Seller shall be limited to the following! (a) Purchaser may elect to rescind this contract by giving due notice thereof to Seller who shall thereupon repay to the Purchaser the amount deposited hereunder plus the Purchaser's net actual disbursements for examining title (without policy iscuing), and survey and/or survey inspection charges whereupon this contract shall become null and void and terminated with the same force and effect as if it had not been executed, and none of the parties, broker (if any) included, shall have any further rights, duties, liabilities, claims or obligations arising hereunder or in any matter from this transaction, or (b) Purchaser may elect, by giving Seller due notice thereof, to accept such title as the Seller is able to convey, without abatement of the purchase price for defects, objections, or encumbrances of title. 27. tn the event that thc check given as down payment and delivered by the Purchaser to the Seller upon the execution of this contract is dishonored for any reason by the bank upon which it is drawn, then the seller after a period of five (5) days after written notice, in addition to any other rights, and remedies which he may have, may at the Seller's option declare this contract null and void and at an end and thereupon Seller shall be relieved and released from all obligations hereunder, liability for brokerage commissions included. 28. Any and all notices which any party may desire or be required to give hereunder must be in writing sent by certified mail, return receipt requested, addressed to the party for whom intended at their respective address hereinbefore set forth. Any such notice shall be deemed duly given as to the first business day following the date of the deposit thereof for mailing securely enclosed in a postpaid wrapper, addressed as above, in an official depository maintained for such purpose by the United States Post Office Department; and a copy of each such notice, if to Seller, shall simultaneously be sent by first class mail to (seller's Attorney) Charles E. Raffe, Esq., 747 East Main Street, P. O. BOX 238. Riverhead, New York 11901. A copy of each such notice to Purchaser shall slmultaneously be sent by first class mail to Purchaser's attorney, Stephen A, McCaffrey, Esq., 175 East Old Country Road, Hicksville, New York 11801. 29.~ there is any conflict betw~the printed portions of this co--ct and the provisions of th~ider, the terms of this rider sha~l control. -- 30. The down payment hereunder shall be held in escrow by Charles E. Raffe, Esq., attorney for the Seller, as escrow agent until closing of title unless sooner released in accordance with the terms of this contract. The escrow agent shall not be required in any way to determine the validity of any notice or any other document delivered or required to be delivered hereunder. The escrow agent shall not be responsible to any of the parties hereto for any action or failure to act,.unless such action demonstrates bad faith. The Purchaser and the Seller hereby authorize the escrow agent, in the event they become involved in litigation by reason of this contract of sale, to deposit with the Clerk of the Court in which such litigation is pending, all funds delivered to the escrow agent hereunder and thereupon, the escrow agent shall be fully relieved and discharged of any further responsibility hereunder. In addition, the escrow agent is hereby authorized, in the event it is threatened with litigation, to interplead all interested parties in any Court of competent jurisdiction and to deposit with the Clerk of such Court all funds deposited with it hereunder and thereupon as escrow agent shall be fully relieved and discharged of any responsibility hereunder. The escrow agent shall have no duty to invest any of the funds deposited with it hereunder and shall not be responsible for any action or failure to act, unless such action demonstrates bad faith. 31. Charles E. Raffe, Esq., the attorney for the Seller agrees to deposit the down payment check herein into a Money Market Account at The Suffolk County National Bank, 6 West Second Street, Riverhead, New York in the name of Charles E. Raffe, Special for Stype Brothers Real Estate, Inc. It is understood and agreed that the interest earned shall follow the principal on said Escrow Account. Charles E. Raffe, Esq. agrees to act as Escrow Agent and abide by the terms of the escrow as outlined in this Paragraph. Charles ffe, Esq. 32. This contract may not be recorded by the Purchaser without the written consent of the Seller. If the Purchaser does record this contract without the Seller's consent, the Seller may cancel the contract and retain the down payment made by the Purchaser and thereupon no party shall have any right against any other party hereunder. 33. The Seller has not made and does not make any representations as to the physical condition of the premises, the zone classification of the premises, the use to which the premises may be placed, the surface or subsurface conditions on the premises, the taxes affecting the premises or as to any other thing or matter affecting or related to the aforesaid premises except as herein specifically set forth, and the Purchaser hereby expressly acknowledges that no such representations have been made, and further agrees to take the premises in its present condition. It is mutually agreed that the Seller is not liable or bound in any manner by any statements, representations or information pertaining to the above premises furnished by any agent, employee, servant or other person unless the same is specifically set forth herein. The acceptance by the Purchaser of the deed of conveyance shall be deemed and construed as a conclusive acknowledgement by the Purchaser of the due and full performance by the Seller of all of the terms, covenants and provisions of the within agreement, both expressed and implied on the part of the Seller to be kept and performed, excepting those, if any, which by express provision survive delivery of the deed. 34. Seller shall not be bound by any of the provisions of this contract unless and until counterparts thereof, signed by both parties, have been exchanged between the parties or their attorneys. 35. It is understood and agreed between the parties hereto, that if the Purchaser willfully defaults under the term~ of this contract, all payments hereunder together with interest earned thereon, if any, shall become the sole property of the Seller, provided the Seller is not then in default, as and for llguidated damages, it being agreed that Seller'a damages would be difficult or Impossible to ascertain and that such sum would constitute a fair and reasonable measure of damages in the circumstances, and the Purchaser shall have no further claim thereto and thereupon this Agreement shall come to an end and become null and void.' 36. Th~ parties hereto are r~guired by law toprovlde Charles E. Raffe, E~q., attori%ey for the Seller. with their correct taxpayer ldentlficatlon number. If you do not do so, you may be subject to civil or criminal penalties imposed by law. ,-/--~nder penalty of perjury, the undersigned certify that ~ho~mon statem,nt ar~ th~ correct taxpayer STY O TE. INC. i. o., ~.~EW ~, STYPE. PRES~T /~ LONG ISLAND LIGHTING COMP ~y: ~ ~ed. ~. D. ~. 1!-1019782~ ~ B.R.Mc~ff~ ~ 37. It IS aged ~s. Costract is conditioned on the Purchaser obtainin~ a~oval of the site plan and the necessa~ Permits from the TOW~ Of So~thold for the construction of a ~as compression station on the subject premises. 38. In the event that by March ~7, 1997, Purchaser has not obtained the required approval and/or Pe~its hereinbefore set forth and Seller has elected to cancel this Contract of Sale by 9lying written notice, pursuant to this Contract of Sale, of their intentio~ to cancel this Contract of Sale, Purchaser shall have the risht to waive the aforesaid condition of the issuance of the site plan a~d the necessary Permits from the Town of Southold for the construction of a gas compression station on the subjec~ premises a~%d if it does so, Purchaser shall give written notice to Seller, pursuant to this Contract of Sale, within five (5) days of the date that seller shall have notified Purchaser of their intentio~ to cancel; Purchaser shall close title to the subject premises within twenty-one (2%) days after herin9 so notified Seller by written notice, pursuant to this Contract of Sale. In the event that Seller has elected to cancel this Contract of Sale and Purchaser has not chosen to waive the conditions set forth above, then the down payment shall be turned over by Charles E. Raffe, Esq., as Escrow A~ent, to the Seller herein, and neither party shall have any further liability hereunder. 39. Notwithstanding Paragraph 33, the Seller makes the following environmental representations: (a) Seller has complied with all Environmental laws, ordinances, statutes, rules, regulations, policies, guidelines and procedures of the United States and of any state, county, township, or municipal subdivision thereof, or other governmental agency, which may be applicable to the Premises (the ~Environmental Requirement"). No permits, licenses or other forms of environmental authorizations have been obtained for the Premises. (b) Seller warrants and represents that no liens, charges, holds, claims, actions, suits, notices of violation, citations, administrative, civil or criminal complaints, or other proceedings have been instituted or threatened against the Seller based on any noncompliance or alleged noncompliance with the Environmental Requirements, except as set forth in Schedule A, attached hereto. Any such notification described in this subparagraph (b) received by Seller shall be provided to LILCO. (c) Seller has annexed hereto as Schedule B a complete listing of any notices of noncompliance, violations, citations or administrative complaints issued to the Seller within the last three years, by any federal, state or local agency with respect to the Environmental Requirements. The Seller has also identified in Schedule B whether the Premises is listed on any U.S. E.P.A. or State list as an active or inactive hazardous waste site. (d) Seller warrants and represents that, to its knowledge, no hazardous materials, hazardous or nonhazardous, regulated wastes, toxic substances, or petroleum-based chemicals have ever been stored, deposited or released on the Premises, except as provided on Schedule C, attached hereto. (e) The provisions of this Paragraph shall survive the completion of the Contract and shall be binding upon the heirs, successors and assignees of the parties hereto. RoAp (N' ¥' s' LILCO Job # DE9552 LONG ISLAND LIGHTING COMPANY SURVEY FOR LONG ISLAND LIGHTING COMPANY A T MA TTITUCK TOWN OF SOUTHOLD ,SUFFOLK COUNTY, N Y. 1000 - 722 - 07- 6.6 Scale: = 1" 30' Jan. 26, 1996 i¢J4' AREA = 35,798 sq. ft.. 49615 TRAVELER STREET 7~ 92 I 179 Q-lOlO8 1130196 DE9532 MAP#SO-76 DESCRIPTION OF A pARCEL OF LAND SITUATED IN MATTITUCK, TOWN OF SOUTHOLD COUNTY OF SUFFOLK, STATE OF NEW YORK DISTRICT 1000, SECTION 122, BLOCK 07, LOT 6.6 Bngin~ing at the northeasterly comer of the herein described parcel, said trt~ point or place of begin~ng being more fully described and located as follows: Bngira. ing at a concg~m monument set at the intersection of the westerly side of Old Main Road and the southeasterly side of Main Road (New York State Routo 25). Running thence so-athwesterly along the somheast~rly side of Main Road (N.Y.S. Route 25) the following two c.,o~rses: 1. Soe~ 52' 26' 00" West 145.15 fe~t to a point. 2, Thence South 52' 02' 10" West, 220.14 feet to a concrete monurne--- ~ uae point or place of beginning. Runni~:g thence a~ong the. division line between the herein described parcel and land now or forraerly of William M. and Ma~y Ann Gremler South 52' 28' 40' East, 135.49 feet to a concrete monument. Thence southwesterly along the division line between the herein described parcel and land now oc funnerly of Frank Murphy Garden C. ent~, Ine, the following two courses: 1. Senth 18' 30' 00' West, 109.02 fee~ to a concrete monument. 2. Thenc~ Sc~th 52' 02' 10' West, 151.14 feet to a concrete monum~ land now or formerly of,lodan Holding Corp. North 21' 04' 50' We~st, 200.00 feet to a concrete monument and the see~he~stexly right-of-way of Main Road (N.Y.S. Rcute 25). Tbenc= nort~astedy along the lasi m~oned fight-of-way line North 52' 02' 10' East, 150.00 feet to a concrete monument and the Uae point or place of beginning. Con~.~ing within said belmds 35,798 square feet mote or less. 0 MAIN (N.Y.S. 25) (E~SIT '1 ?1 PAVING COMPRISED OF 4' THK BASE COURSE OF CRUSHED S~ONE (OR RECYCLED CONCRETE) AND A 2' THICK BITUMINOUS CONCRETE (ASPHALT) TfPE 6 OR 1'fPE 7 TOP COURSE TOTAL SITE AREA = 35,976 SF. TOTAL AREA OF , (COMPRESSOR STA~ION, BERMS & LAWN AREAS) UNDISTURBED AREA = 12,536 SF. FOR~P~-ONE CONSTRUCTION AREA WILL BE PROTECTED ~Y IMPE. DIRECTLNG STORM WATER RUNOFF TO DRAINAGE PC KNOWN TO BE FREE OF DEBRIS. CONTOURS SHOWN INDICATE NATURAL UNFILLED CC EXIST SOUTH OF THE UMITS OF CLEARING/CONSTR LAWN AREAS SURROUNDING ~HE BERMED COMPRE.q GRADED TO DIRECT EXCESS RUNOFF TO LOW L'dNI ARE. AS SOUTH OF THE LIMITS OF CLEARING UNE. ONSTRUCTION 23,4~0 SF. ERCENT (41 ~) OF VIOUS SURFACE ]LS LOCATED IN AREAS 4DITIONS GENERALLY tCTION LINE. SITE WILL BE ANE~S TO THE UNRLLED ~LLON FOR CONTROL OF LEACHA1~ RESULllNG FROM PERCULA110N OF STI~RM WAIER THROUGH RLL MA'IB'~N~ CONTN~NO CONSTRUC'TION/D~ KNOWN TO EXIST CENTRALLY ON 1HE SI]E 5/1/97 )Ll~O~ DEBRIS 05019;' 25 ¸24 PREPARED BY LONG ISLAND LIGHTING CO. CiVil E, FACILITIES ENGR. DEPT. SURVEY DIVISION ,~LRERT H. RALPH dR.L,S.~046563 SYSTEM SURVEYOR 8.6 ,¢ DISTRICT I000., SECTION 122 BLOCK ? 2O NOTES: THE PROPERTY LINES AND OWNERSHIP DEPICTED HEREON ANDIN THE ACCOMPANYING LIST HAVE BEEN COMPILED FROM THE TAX MAPS AND ASSESORS RECORDS OF THE COUNTY OF SUFFOLK AND THE TOWN OF SOUTHOLD. THE PHOTO BASE MAP USED FOR BACKGROUND IS AN ENLARGEMENT OF AN AERIAL PHOTOGRAPH TAKEN ON APRIL 5, 1993. 500' RADIUS MAP OF PROPOSED MATTITUCK ,GAS COMPRESSOR STATION SITUATED IN MATTITUCK, TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK SCALE :1" = 50' _* DATED: 3-1-96 Q 101'08 SEP 2