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HomeMy WebLinkAbout1000-17.-2-6KEY MAP SCALE 1"=600' TYPICAL LOT TEST HOLE 83'q9'40" E 30.02' MAIN ROAD % N 89'~17'00" 296,46' RIGHT OF WAY COURSES: 2. N T48'5(Y' E - 75.0' N.Y. 25 /" ] oo,, DEC O 5 1996 ~4THE A~E~$ OF* TH[ L~N~DN~ MAP OF MINOR SUBDIVISION PREPARED FOR BARBARAB:DOW AT ORIENT TOWN OF SOUTHOLD, N.Y. SCALE 1" = 100' ( ~T r,'s~t ) 1 inch = 100 fL AREA = 4.99 ACRES OENED AND DEVELOPED B~ BARBARA~DOW 87 MARJORIE COURT MANHASSET, NEW YORK 11050 SUFFOLK COUNTY TAX PARCEL 1000-017-02-06 BUILDING ZQNE R-40 40O The water supply & sewage disposal facilities for both lots on this mop comply with the standards and requirements of the Suffolk County Deportment of Health ServiCes. RODERICK VAN TUYL, P.C. PROFESSIONAL LICENSED LAND SURVEYOR N.Y.S. LICENSE No. 25626 GREENPORT, N.Y. A declaration of covenants and restrictions affecting mots on this subdivision Has been filed in Suffolk County Clerk's Office in Liber 11684 Page ~96 and Uber 11736 Page 681. APPROVED BY PLAHNING BOARD TOWN OF SOUTHOLD ~'TAMP SOUTHOLO TOWN PLANNING BOARD WE HEREBY CERTIFY THK¢ NEITHER LOT ON THIS MAP IS LESS THAN BO,O00 sc, ft. IN AREA AND THIS WAS MADE BY US FROM ACTUAL SURVEYS COMPLETED AUGUST 14, 1995 AND THAT ALL CONCRETE MONUMENTS HAVE BEEN SET AT POINTS SHOWN THUS: m RODERICK VAN TUYL, P.C, LICENSED LAND SiURV~EYORS GREENPORT, N.Y. APPROVED BY PLANNING BOARD TOWN OF $OUTHOLD PLANNING BOARD M~MBE"~ RICI-IARD G. WARD Chairman GEORGE RITCHIE LATHAM, 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 April 9, 1996 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Roderick Van Tuyl; P.C. P.O. Box 8 Oreenport, NY 11944 Re: Proposed minor subdivision for Barbara Dow SCTM# 1000-17-2-6 Dear Mr. Van Tuyl: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 8, 1996: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated August 14, 1995. Conditional final approval was granted on December 11, 1995. All conditions have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above. Sincerely, 6 ,1 / // Richard O. Ward Chairman cc: Tax Assessors Building Dept. enc. PLANNING BOARD M~MI~I~RS BENNI~TT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS k:~NNETH 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 September 16, 1997 PLANNING BOARD OFFICE TOVv-N OF SOUTHOLD Shepard M. Scheinberg, Esq. Scheinberg, Schneps, DePetds & DePetds P:O. Box 716 Aquebogue, NY 11931 Re: Minor subdivision for Barbara Dow SCTM# 1000-17-2-6 Dear Mr. Scheinberg: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 15, 1997: BE IT RESOLVED, that the Southold Town Planning Board authorize the Chairman to re- endorse the final surveys dated August 14, 1995. This subdivision was endorsed by the Chairman on April 8, 1996. However, the maps were not in proper form to be recorded in the County Clerk's office and had to be redrawn. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above. eric. cc: Tax Assessors Building Dept. CONSERVATfON EASEMENTs AND EASEMENTS FOR ACCESS AND UTILITIES THIS DECLARATION made this ~ th day of May, 1994, by BARBARA B. DOW residing at 87 Marjorie Court, Manhasset, NY 11030, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES negative covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has made application to the Planning Board of the Town of Southold (hereinafter referred to as the PLANNING BOARD) for approval of a two lot minor subdivision of the PREMISES, and W~{EREAS, the PLANNING BOARD by its resolution of July 21, 1992 made a determination of ~i~nificance and granted a Conditioned Negative Declaration for the minor subdivision of the PREMISES, and WHEREAS, such resolution required the DECLARANT to place certain restrictions on the PREMISES and to provide access to Lot 1 over the traveled road located on Lot 2, NOW, THE DECLARANT MAKES THE FOLLOWING RESTRICTIVE COVENANTS AND RESTRICTIONS, CONSERVATION EASEMENT AND EASEMENTS OF ACCESS AND FOR UTILITIES: 1. There shall be no further subdlvlslo of the two lots, the subject of these covenants and restrictions. 2. A conservation easement is hereby imposed upon Lot 2 in all areas outside of the building envelope. There shall be no clearing or grading allowed within the conservation easement. A foot path to the beach area and a driveway to access the dwelling located within the building envelope shall be the only uses allowed within the conservation easement. All activities within 75 feet of the mean high water mark on Long Island Sound are -1- CONSERVATTON EASEMENT~ AND EASEMENTS FOR ACCESS AND UTILITIES THIS DECLARATION made this ~ th day of May, 1994, by BARBARA B. DOW residing at 87 Marjorie Court, Manhasset, NY 11030, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES negative covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: ~{EREAS, DECLARANT has made application to the Planning Board of the Town of Southold (hereinafter referred to as the PLANNING BOARD) for approval of a two lot minor subdivision of the PREMISES, and ~{EREAS, the PLANNING BOARD by its resolution of July 21, 1992 made a determination of non-significance and granted a Conditioned Negative Declaration for the minor subdivision of the PREMISES, and ~{EREAS, such resolution required the DECLARANT to place certain restrictions on the PREMISES and to provide access to Lot 1 over the traveled road located on Lot 2, NOW, THE DECLARANT MAKES THE FOLLOWING RESTRICTIVE COVENANTS AND RESTRICTIONS, CONSERVATION EASEMENT AND EASEMENTS OF ACCESS AND FOR UTILITIES: 1. There shall be no further subdivision of the two lots, the subject of these covenants and restrictions. 2. A conservation easement is hereby imposed upon Lot 2 in all areas outside of the building envelope. There shall be no clearing or grading allowed within the conservation easement. A foot path to the beach area and a driveway to access the dwelling located within the building envelope shall be the only uses allowed within the conservation easement. All activities Within 75 feet of the mean high water mark on Long Island Sound are -1- within the jurisdiction of the Board of Town of Southold and the location of the subject to review by such Board. Trustees of the footpath shall be 3. The wet areas located on Lot 2 shall be left in their natural state, and shall not be filled. Haybales, silt fences or the equivalent shall be used during the time of excavation of the dwelling foundation and the septic system in order to mitigate the erosion impacts to the wet areas. 4. Lot i is hereby granted an easement over Lot 2 for ingress and egress for access by foot or vehicle and an easement for telephone, electric, water, sewer, cablevision and any other utility over the 25 foot right-of-way (presently shown as the "traveled road"). 5. Lot 2 is hereby granted an easement over Lot 1 for telephone, electric, water, sewer, cablevision and any other utility. 6. The aforementioned Restrictive Covenants shall be enforceable by the PLANNING BOARD OF THE TOWN OF SOUTHOLD, by injunctive relief or by any other remedy in equity or at law. The failure of said PLANNING BOARD to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the TOWN OF SOUTHOLD or any officer or employee thereof. 7. These covenants and restrictions, conservation easement, utility easements and easement for access shall run with the land in perpetuity and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the PLANNING BOARD. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. BARBARA B. DOW -2- STATE OF NEW YOR~ ~55a~ : ss.: COUNTY OF ~ ) On the ~ day of May, 1994, before me personally came BARBARA B. DOW, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that she Notary Public : S'tate of New York -3- SCHEDULE A OVER ALL DESCRIPTION Ail that piece, or parcel of land, with the improvements situate thereon, lying and being at Orient, Town of Southold, County of Suffolk and State of New York; Beginning at a point situate at %he South East corner of the subject premises, which point marks the North East corner of a 50 foot Right of Way crossing the land~ now or formerly of Rowsom, and running from said point of beginning the following courses and distances: SOUTH 82 DEGREES 31 MINUTES 30 SECONDS WEST 96.18 FEET along lands now or formerly of Rowsom; THENCE NORTH 88 DEGREES 36 MINUTES 00 SECONDS WEST 98.10 FEET along the "Old Burial Ground"; THENCE NORTH 4 DEGREES 45 MINUTES 00 SECONDS EAST 128 FEET along lands now or formerly of Stern to a monument; THENCE SOUTH 81 FEET still along monument; DEGREES 10 MINUTES 00 SECONDS WEST 51.29 land now or formerly of Stern to a THENCE NORTH 19 DEGREES 54 MINUTES 30 SECONDS EAST 120.52 FEET still along land now or formerly of Stern 5o a monument; THENCE NORTH 7 DEGREES 46 MINUTES 30 SECONDS WEST 585.21 FEET still along lands now or formerly of Stern, Chierchie and Stern and through a monument to the ordinary high water mark of the Long Island Sound; THENCE ALONG THE ORDINARY HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING FOUR (4) COURSES AND DISTANCES: (1) SOUTH 70 DEGREES 52 MINUTES 50 SECONDS EAST ALONG A TIE LINE 138.14 FEET; (2) SOUTH 49 DEGREES 43 MINUTES 20 SECONDS EAST ALONG A TIE LINE 154.67 FEET; (3) SOUTH 32 DEGREES 22 MINUTES 10 SECONDS EAST ALONG A TIE LINE 349.27 FEET; (4) SOUTH 53 DEGREES 55 MINUTES 40 SECONDS EAST ALONG A TIE LINE 87.99 FEET to land now or formerly of Mitchell; -4- THENCE SOUTH 47 DEGREES 41 MINUTES 30 SECONDS WEST 369.08 FEET along lands now or formerly of Mitchell and Rowsom; THENCE SOUTH 31 DEGREES 20 MINUTES 20 SECONDS EAST 72.85 FEET along land now or formerly of Rowsom to the point or place of Beginning. LOT ONE All that piece, or parcel of land with the improvements situate thereon, lying and being at Orient, Town of Southold, County of Suffolk and State of New York; Beginning at a monument situate at the South East corner of the subject premises, which monument is the following three (3) course and distances from a point which marks the North East corner of a 50 foot Right of Way crossing the land, now or formerly of Rowsom: (1) SOUTH 82 DEGREES 31 MINUTES 30 SECONDS WEST 96.18 FEET along lands now or formerly of Rowsom; (2) THENCE NORTH 88 DEGREES 36 MINUTES 00 SECONDS WEST 98.10 FEET along the "Old Burial Ground"; (3) THENCE NORTH 4 DEGREES 45 MINUTES 00 SECONDS EAST 128 FEET along lands now or formerly of Stern to a monument; RUNNING THENCE FROM SAID POINT OF BEGINNING SOUTH 81 DEGREES 10 MINUTES 00 SECONDS WEST 51.29 FEET still along land now or formerly of Stern; THENCE NORTH 19 DEGREES 54 FEET still along land now monument; MINUTES 30 SECONDS EAST 120.52 or formerly of Stern to a THENCE NORTH 7 DEGREES 46 MINUTES 30 SECONDS WEST 585.21 FEET still along lands now or formerly of Stern, Chierchie and Stern and through a monument to the ordinary high water mark of the Long Island Sound; THENCE ALONG THE ORDINARY HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING THREE (3) COURSES AND DISTANCES: (1) SOUTH 70 DEGREES 52 MINUTES 50 SECONDS EAST ALONG A TIE LINE 138.14 FEET; (2) SOUTH 49 DEGREES 43 -5- MINUTES 20 SECONDS EAST ALONG A TIE LINE 154.67 FEET; (3) SOUTH 32 DEGREES 22 MINUTES 10 SECONDS EAST ALONG A TIE LINE 222.26 FEET; THENCE SOUTH 34 DEGREES 15 MINUTES 50 SECONDS WEST 156.28 FEET along other lands of Barbara B. Dow (Parcel 2); THENCE SOUTH 47 DEGREES 41 MINUTES 30 SECONDS WEST 115.00 FEET still along said Parcel 2 of Dow; THENCE SOUTH 35 DEGREES 57 MINUTES 00 SECONDS WEST 180.00 FEET still along said Parcel 2 of Dow to a monument and the point or p~ace of begi~ning. LOT TWO Ail that piece, or parcel of land, lying and being at Orient, Town of Southotd, County of Suffolk and Stafie of New York; Beginning at a point situate at the South East corner of the subject premises, which point marks the North East corner of a 50 foot Right of Way crossing the land, now or formerly of Rowsom, and running from said point of beginning the following courses and distances: SOUTH 82 DEGREES 31 MINUTES 30 SECONDS WEST 96.18 FEET along lands now or formerly of Rowsom; THENCE NORTH 88 DEGREES 36 MINUTES 00 SECONDS WEST 98.10 FEET along the "Old Burial Ground"; THENCE NORTH 4 DEGREES 45 MINUTES 00 SECONDS EAST 128 FEET along lands now or formerly of Stern to a monument; THENCE NORTH 35 DEGREES 57 MINUTES 00 SECONDS EAST 180.00 FEET along other lands of Barbara B. Dow (Parcel 1); THENCE NORTH 47 DEGREES 41 MINUTES 30 SECONDS EAST 115.00 FEET still along said Parcel 1 of Dow; THENCE NORTH 34 DEGREES 15 MINUTES 50 SECONDS EAST 156.28 FEET still along said Parcel 1 of Dow to the Ordinary High Water Mark of the Long Island Sound; -6- i1684, 996 THENCE ALONG THE ORDINARY HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) SOUTH 32 DEGREES 22 MINUTES 10 SECONDS EAST ALONG A TIE LINE 127.01 FEET; (2) SOUTH 53 DEGREES 55 MINUTES 40 SECONDS EAST ALONG A TIE LINE 87.99 FEET to land now or formerly of Mitchell; THENCE SOUTH 47 DEGREES 41 MINUTES 30 SECONDS WEST 369.08 FEET along lands now or formerly of Mitchell and Rowsom; THENCE SOUTH 31 DEGREES 20 MINUTES 20 SECONDS EAST 72.85 FEET along land now or formerly of Rowsom to the point or place of Beginning. -7- STATE OF HEMf YORK, COUNTY uffolk~ On the II~''~' day of April 19 70 , before me personally came JOSEPH HOYT STERN to me known to be the individual described in and who executed the foregoing instrument, arid acknowledged that he executed the same. BJUn~ I Lj I ,'~ Ul poUlpt~ , 00££~Z~-09 'oH ' t~ox W~N Jo eI,~S ~!lqnd Xle~JoR 'I~NO~ '~ i~ ~ublic, Slate el New Ho. ~0-5793300 ~[~' 11fleXI I~ Weslchasler ~ Expires A~rch ~0, ~ On the dayoJ 19 , before me personally ~me ' I ~ ~ ' to me known, who, being by me duly sworn, did depose and say that be resides at No. that he is the of , the ~oratlon descried in ~d which ~ecuted the foregoing instrument; that he knows the seal of said co.ration; that the s~l affixed to said instrument is such co.rate seal; that it was so affixed by order of the ~ard of dlre~ors of ~id corpora- tion, and that be si~ed h n~e thereto by like order. On the I~/ day of ~4-'~' 19 )~:', before me personally ca/ne to me known td he the'!ndlvlduG1 described in and who ~ed the fore~oing'iastr~ent, ,and a&nowledged t~t ~utcd ~e ~e. ;': ' ' ALBERT J. BERKE , STA~ O~ NEW Y~RK, , On ~e ~y of 19 , before mc personally c~e the subscribing witness to the foregoing instrument, with whom I am ~rsonally acquainted, who, being by me duly sworn, did depose ~d say t~t he resides at No. that be~ows to be the individual de~rlbed in and who executed the foregoing instrument; that he, ~id subscribing witness,' w~ present and saw ex.ute the same; and that be, said witness, at the s~e time subscribed h name as witness thereto. ~atilaln anb bale ~ttb TO BARBARA B. DOW STANDARD K)RM OF #1W YOlK SOARD OF TriLl UNDfIlWSJTULI THE TITt. F. GU.4R,i~TEE COMPA.,111T ' AINn03 )l"lO:lJfl$ Jo ~IHTI3 Ch :21 Hd 91 ld¥ 0l, SECTION BLOCK LOT '! : COUNTY ~l~l~.~ Suffolk Recorded At Request of The Title Guarantee Company R~TUaN aY MAIL TO: ~ RECORDED Clerk O~ Seflolk Couetg PLANNING BOARD MEMBE 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 Southo]d, New York 11971 Fax (516) 765~3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 12, 1995 Roderick Van Tuyl, P.C. P.O. Box 8 Greenport, NY 11944 Re: Proposed minor subdivision for Barbara Dow SCTM# 1000-17-2-6 Dear Mr. Van Tuyl: The following took place at a meeting of the Southold Town P~anning Board on Monday, December 11, 1995: The final public hearing which was held at 7:30 p.m. was closed. The following resolution was adopted: WHEREAS, Barbara Dow is the owner of the property known and designated as SCTM# 1000-17-2-6, located approximately 1,450 feet north of Main Rd. on a r-o-w, and 2,600 feet west of Young's Rd. in Orient; and WHEREAS, this proposed minor subdivision for Barbara Dow is for 2 lots on 4.99 acres; and WHEREAS, a variance under the New York Town Law, Section 280-A was granted by the Zoning Board of Appeals on March 1, 1995 for approval of access to the subdivision; and WHEREAS, the Southold Town P~anning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Conditioned Negative Declaration on July 21, 1992; and Page 2 Proposed minor subdivision for Barbara Dow December 12, 1995 WHEREAS, the maps have been prepared in accordance with the conditions of the Conditioned Negative Declaration and the Declaration of Covenants and Restrictions has been recorded in the County Clerk's office in accordance with the conditions of the Conditioned Negative Declaration;and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on December 11, 1995; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated August 14, 1995, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. All conditions must be met within six (6) months of the date of this resolution. 1. Submission of the park and playground fee in the amount of $2,000.00 ($2,000.00 per vacant lot). Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman cc: Shepard M. Scheinberg CONSULT YOUR LAWYER BEI~ORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. L, ,,6730 PA 234 THIS INDENTURE, made the /~ 'day of April BETW~:-N JOSEPH HOYT STERN, residing at number), Orient, Suffolk County, , nineteen hundred and seventy. Sound Shore Road (no street New York, party of the first part, and BARBARA B. DOW, residing at No. Port Washington, New York, ~rty o~ the se~nd ~~, that the party o~ ~e first ~rt, in consideration of the ~ of ~e Dollar' (~l,OO) and other valuable consideration lawful money of the United States, [ paid by the party of the second part, does hereby grant and release unto the party of the second pa~t, the heirs or successors and assigns of the party of the second part forever, that certain plot, piece or parcel of land, ~t~n~m~hq ~l~e~mm~. m~mmla~u~mmm~mi~, situate, lyingandbcing~mmmat~Orient,,Town of Southold,~:Oounty o~ Suffolk and State'of New York bounded and described as~follows: BEGINNING at a point which is bounded and described as follows: BEGINNING at the southwesterly corner' of the 01d Burying Ground which is also the northwesterly corner of iland conveyed by Lillian D~Stern to Joseph Hoyt Stern by Deed dated JanUary ll~ 1958.'and recorded in Liber ~421 Page ~44, and running thence North 4degrees 45 minutes 50 seconds East 158 feet along the westerly line of said 01d Burying Ground; the~de South..89 degrees BT minutes East 50 feet~to the point or place?0f beginning.o~ the parcel'.herein described and ,to be conveyed; running thence from said point of .beginning; and along the division line between the lands of Jonathan,Dwight Stern and Joseph Hoyt Stern (the'Seller) the following'courses and distances: (1) North,~.degrees ~5 minutes 50 seconds East-128 feet; · (2) South 81..degrees ~l0 minuteslWest 51.2~ feet;. (3) North 19 degreeS'~4 minutes '30'sec°nds East 120,52 feet; (q) North 7,,degrees,~ minutes 30,,seconds West~585.21 feet to the ordinary high,water mark of;Long is!andi~So~urg.~tbence, along said high water mark'following'four cours'es:. ~.11.~/,,~ · (1) south ?0 d~g~ees 52 minutes '50'SeCond~ Easti38~14 feet; (2) South ~9 degrees ~3 minutes 20 seconds East 154.67 feet; (~) South ~2 degrees.22 minutes l0 seconds East 349.27 feet; (4) South53 degrees 55 minutes ~Oiseconds East 87.99 feet to the land, now or formerly of Stuart Dorman; ,. ~ ' thence along said land of Stuart~ Dorman and ithe~:land of George Rowsom South ~7 degrees'~l minutes 30 seconds West'S69.08 feet; and thence continuing along the ~aid'land of George Rowsom South'31 degrees 20 minutes"20 seconds East 72.85 feet;?thenc~outh 82 degrees minutes 30 seconds .WeSt .96'161feet '~zx~:~x~~Xgtghtbethe-O d?BU~und and, ,thence alo~ t e Northeasterly corner.of Northerly line of the Old'Bu~ying?Ground-~m~.m~mmmmmmmmmm~m~em m~---~mmnm.m~mmm~mm.North 88~. ~6~~ West 98.10feet .to:the point ~r place ~f BEGINNING. : , ,,, ~.. ~ TOGETHERi.withlall the'ri'ght, title and inter~st or'the party of the first'pa~t in'common with others~gr the U~e{:6f. right 9f way to and from the 018 Burying Ground. 235 TOGETHER with all'of the right, title and interest of the party of the first part in common with ,others in the right of way running from the southeasterly corner of the premises hereinabove described and running along the westerly ~b~undary line of the land of~Rowsom as set forth in a deed by the party of the first part to George Rowsom recorded in:Liber 4884 at, page 486 ,and in and,to the~Rightof W~ reserved by the party of the f~rst part 50Jfeet in width in,the conveyance by:the party of'the~fi~st parti'to George Rowsom under deed~dated January 28,.1970 and recorded~in Liber, 6697~ at page 488 and'als0 to the right of way running southeasterly and.southerly to the Main ~ad from the southeasterly corner of the' premises last mentioned as having been conveyed to George Rowsom (being also identified as,,the southeasterly corner of the Third parcel in deed recorded in Liber 6129 at,page 10B). The'above'deScribed premis~s a~elher~by'con~eYed subject to the following restrictions~wh~ch the party of t~e~second part covenants and agrees to observe ~as evidenced by the execution of this deed: (a) iNo sewage treated Or untreated or refuse of any kind shall be emptied or allowed to be ·emptied'into Long Island Sound. ib)3The p~emlses conveyed shall~not'~besub-d~ided'int°~m°re than four (4) parcels and no building or structure sh~ll be erected or permitted tb be erected on any·one of such sub.divided units for use of.occupation for any'PUrpose, other,tha~,as~alpriv~te dwelling for one family onlY. ' (c)'~The covenants and restrictions referyed to in (a) and ,(b) ' above shall b~covenants running with the~l~nd until Aprili0,~1995, at which'time Said covenants shall cease and terminate~' 0730 ,A,, TOGi:;i:tlER witl~ all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the-center lines thereof, TOGETHER with the appurtenances and all the estate and rights~0f'the 'party of the first part in and to said premises, :I~: ~',,? ~,':fl.e ~,1 "'t',. TO HAVE: AND TO HOILD the premises herein granted un~o th,~ party of! il~e second part, the heirs or successors and assigns of the party of the second part forever. ' !' I:' i;,? AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such eousid- erati0n as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part o{ the total of the same for any other purpose, t The word "party" shall be construed as if it read "parties" whenever ~? sense of this indenture so requires. IN WITNF.,S$ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ~ ooseph H~yt Stern O0.X E~,~ I'IIRU ~ MU~ST lie T¥~,,,, J OR PRINTED IN BLACK INK ON SUFFOLK COUi~TY CLERK ~,1]~ j 111584ti996. 017.000 006.000 RECORD & REI'URH TO Suffolk Recording & Endorsement Page This page forms I)flr/of lite attached necjatS.ve dec. of c~s (~ ~O,, made by: (Deed, Modgage, elc,) THIS MINOR SUBDIVISION IS FOR ~ LOTS ON t~,?~ ACRES LOCATED MINOR SUBDIVISION (NO ROAD) Complete apDlication received Application reviewed at work session Applicant advised of necessary revisions Revised sub mission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewe'll location Notification to applicant to include on final map Sent to County Planning Commission Receipt of County Report Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval'of subdivision -with conditions 14-','6-4 (gJ87)--Text 12 f .PROJECT I.D. NUMBER 617.21 Appendix State Environmental Quality/; SHORT ENVIRONMENTAL ,c, PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor~ 1. APPLICANT/SPONSOR 2. PROJECT NAME Barbara B. Dow Minor Subdivision ~. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Or±ent, see map E. IS PROPOSED ACTION; [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Subdivis±on o£ 1 [ut into 2 7. AMOUNT OF LAND AFFECTED: mit/ally /' 99 acres Ultimately 4. <:39 acres 8. Wi PROPOSED ACTION COMPLY WiTH EXrSTING ZONING OR ~'Yes [] No If No, describe briefly OTHER EXISTING LAND USE RESTRICTrONS? 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~Residential [] ~ndustrial [] Commercial [] Agriculture [] ParkJForestlOpen space [] Other Describe: 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list agency(s) and permit/approvals DEC, Suffolk Co%mty Depart~nt of Health, Town of Southold 11. DOES ANY ASPECT OF THE ACT!ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~No If ye'.~, list agency name and permit/approva~ 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? [] Yes []~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE App,eant/spon,o, .nme: Barbara B. Dow Date: (._ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 COULD AE]ICN :EI~!J ' I~ ANV ~[)/'ER~.I EFFECTS ABSOCIAfED WIT4 THE FOLLOWING: (Answers may be handwritten If legible) 03 Veget:abon or launa fish, shellfish or wddlite s~emes, $1pndican habia s, f threatened or endangered species? Explain briefly: C4. Acommunity'sexistingplansorgoalsaso calyadopted or a change in use or intensity of use of land or other natural resources? Explatnbrle ly C5. Growth, subsequent development, or related activities likely Io be induced by ~he proposed action? Explain briefly C6, Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. i( D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? [] Yes [] No If Yes, explain briefly _J PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that · explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Minor Subdivision The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, Barbara B. Dow APPLICATION FOR APPROVAL OF PLAq SOUTHOtD ?OWN To the Planning Board of the To~vn of Southold: i PLANNING The undersigned applicant hereby applies for (tentative) (final) appToval of a subdivision plat in accordance with Article 16 of the Toxvn Laxv and the Rules and Regulations of the Southold Town Planning Board, and represents and states as folloxvs: 1. The applicant is the oxvner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision ii to be . .minor. s.ubdi.x,-:i.sion..of.l~md.o~ .Barbara. B... IX3w 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk Count)' Clerk's office as follows: Liber ........ ~.' .~...~).. ......... Page ....... . .~....~. ........ On ...~..../..~..~..~.O..'.; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ..; Liber ........................ Page ...................... On ....................... ; Liher ........................ Page ...................... On ' ...; as devised under the Last ~VilI and Testament of ........................................ or as distrlbutee ........................................................................ 5. The area of the land is /4.99 acres. 6. All taxes which are liens on the land at the date hereof have been' paid z::czT, t ............ 7. The land is encumbered by O/q. jL mortgage (s) as follows: (a) ortga e rccorded .... ......... of $. ~/.~ .... unpaid amount $..~/..7./¢,~.ff.. held by . ~.~..~' (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address ............................................................... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ....... ' ........... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land :-':::Tt ........................ 9. The land lies in the folloxving zoning use districts ...A.8.0. ................................. 10. No part of the land lies under water xvhcther tide xvater, stream, pond water or otherwisov.~v~ I1. The applicant shall at his expense install all required public improvements. 12. The land (d,~o) (does not) lie in a Water District or Water Supply District. Name o[ Dis- trict, if within a District, is 13. \Vater mains will be laid by Iq/A and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by I:,..I..I.~.. .............................. . ..... ..................................... and (a) (no) charge will be made for installlng said lines. 15. Gas mains xvill be installed by and (a) (no) charge will be made for installing said mains. 16. If streets sboxvn ou the plat are claimed by the applicant to be existing public streets in the Suffolk County IIighway system, ampex Schedule "B" hereto, to shoxv same. 17. If streets shown ou the plat are claimed by the applicant to be existing public streets in the Town of Southold llighway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the brad which are not located and showu on the plat. 19. \Vhere the plat shows pruposed streets which are exteusious of streets ou adjoiuing sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said cxistiug maps at their coujouctious with the proposed streets· 20. Iu tim conrse of these proceediugs, the apl)licant will oiler l)roof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of t)roposed deed for lots showing all restrictions, covenauts, etc. Annex Schedule "D". 22. The applicant estimates that the cost of gradiug and required public improvements will he $....0 ...... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Boml will be written by a licensed surety company unless otherwise shown on Schedule "F". (Name of Applicant) (Signature and Title) (Address) STATE OF NE\¥ YORK, COUNTY OF ..... .,~/~.d__,.,. ............. ss: On the.o ....... ].3.'.f~..... day of ..... ~....~... ........... 19~.~..., before me personally came executed the foregoing instrument, and acknowledged that ............ executed the same. STATE OF NEll," YORK, COUNTy-OF ............................ ss: On the ................ day ............ of .............. , 19 ....... before me personally came .................... to me known, who being by me duly sworn did de- pose anti say that ............ resides at No ..................................................... ............................. that .......................... is the .......... the corporation described in and which executed the forcgoiug instrument; that ............ knows the se;ti of said corporatiou; that tire seal affixed by order of the hoard of directors of said corpuration. and that ............ signed .............. name thereto by like order. Notary Public T ~(~LD Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence~ 1. Are there any wetland grasses on this parcel? Y~Yes ) No (Attached is a list of the wetland grasses defined~----~ by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes 3. Are there any building permits pending on this parcel? Yes 4. Are there any other applications pending concerning this property_before any other department or agency?(TOwn , State, County, etc.) Yes 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes 6. Was this property the subject of any prior application to the Planning Board? Yes 7. Does this property have a valid certificat~ of occupancy, if yes please submit a Copy of same ~Yes~ I certify that the above statements are true and will be relied on by the Planning Board in considering this application. Signature of property owner or authorized agent date Attachment to questionnaire for~the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: ~- , 19~before me personally On the /~day ~. ~ to me known to be the came__ ~/~ individual described in and who executed the foregoing instrument, and acknowledged that ~ exec%ted ~e same, Q CA~~'~ RECEIPT JUOITHT, TERRY,TOWN CLERK Town of Soutt~old ~ Southold, New Yor~< 11971 Phone: 516-765-180(} DATE TOWN CLERK TOWN OF $OUTHOLD Sug~Atnty, New York 516 - 765-1801 N? 33971- Soathola, N. ¥. 11971~/¢~ik~.. £~ z 19f,~ Judith T. Terry, Town Clerk EMIL F. DE PETRI$ RICHARD E. DE PETRIS SHEPARD M. SCHEINBERG September 3, 1997 MAILING ADD RE1515 POST OFFICE BOX 599 RIVERH EAD~ NY I$1DORE SCH EINBERG 900-198!5 Town of Southold Planning Department Main Street Southold NY 11971 Re: Proposed minor subdivision / Barbara Dow at Orient, NY Dear Ladies and Gentlemen: At long last I am pleased to enclose herewith two (2) mylars and three (3) paper copies of proposed map of minor subdivision for Barbara Dow at Orient NY, which has stamped upon it the Suffolk County Health Services approval for water supply and sewage disposal facilities. I would greatly appreciate your placing the stamp of approval of the Southold Town Planning Board upon the enclosed and having the Chairman of the Planning Board sign same, and return to me as many of the enclosed as you do not require for your files, so that I may then file the minor subdivision in the Suffolk County Clerk's Office. Your attention to this matter will be greatly appreciated as the Health Department approval will be expiring in December of this year. Vew Italy yours, SHEPARD M. SCHE[NBERG SMS:cc Enc. cc: Mrs. Barbara Dow SEP 5 t997 SCHEINBERG, SCHNEP$, DE PETRIS & DE PETRI$ March 29, 1996 Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Minor Subdivision for Barbara Dow 1000-17-2-6 Gentlemen: Enclosed please find check of Barbara Dow payable to the Town of Southold in the sum of $2,000, representing payment of the park and playground fee set forth in your conditional final approval resolution of December 11, 1995. I will arrange for Mr. Van Tuyl to obtain the signed Planning Board endorsement on the final map. RED:ba Enc. Roderick Van Tuyl, P.C. Very +~uly-- . yours, RICHARD E. DePETRIS PLANNING BOARD M~MBI~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT OP~LOWSK/, JR. WILLIAM J. CREMERS K~NNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 Absent: PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES December 11, 1995 Richard G. Ward. Chairman Bennett Orlowski, Jr. r.~.~ G Ritchie Latham Kenneth Edwards William Cremers Scopaz, Town Planne Spire, Planner / Jones, Secret~/~ Rob, Kassner,~e Plan Reviewer Mr. Ward: Good evening. I'd Board meeting to order. The Planning Board meeting. the Southold Town Hall, M next regular Planning Mr. Cremers: So m call the December 11, 1995 Planning rder of business is the setting of the next Monday, January 8, 1996 at 7:30 p.m. at )uthold, as the time and place for the meeting. Mr. Latham: Mr. Ward: SE and seconded. All in favor? Ayes: Orlowski, Mr. Latham, Mr. Edwards, Mr. Mr. Ward. Opposed? Motion carried. PUBLIC HEARINGS Mr. Ward: 7:30 p.m. Barbara Dow - This minor subdivision is for 2 lots on 4.99 acres located approximately 1,450 feet north of Main Rd. on a r-o-w, and 2,600 feet west of Young's Rd. in Orient. SCTM# 1000-17-2-6. Is the applicant Southold Town Planning Board 2 December 11, 1995 present tonight, or agent for the applicant? If not, any questions from the Board? If not, all is in order to close the hearing. Mr. Orlowski: So moved. Mr. Edwards: Second. Mr. Ward: Moved and seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. What's the pleasure of the Board? Mr. Orlowski: Mr. Chairman, I'd like to make a motion that WHEREAS, Barbara Dow is the owner of the property known and designated as SCTM# 1000-17-2- 6, located approximately 1,450 feet north of Main Rd. on a r-o-w, and 2,600 feet west of Young's Rd. in Orient; and WHEREAS, this proposed minor subdivision for Barbara Dow is for 2 lots on 4.99 acres; and WHEREAS, a variance under the New York Town Law, Section 280-A was granted by the Zoning Board of Appeals on March 1, 1995 for approval of access to the subdivision; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Conditioned Negative Declaration on July 21, 1992; and WHEREAS, the maps have been prepared in accordance with the conditions of the Conditioned Negative Declaration and the Declaration of Covenants and Restrictions has been recorded in the County Clerk's office in accordance with the conditions of the Conditioned Negative Declaration;and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on December 11, 1995; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated August 14, 1995, and authorize the Chairman to Southold Town Planning Board 3 December 11, 1995 endorse the final surveys subject to fulfillment of the following condition. All conditions must be met within six (6) months of the date of this resolution. 1. Submission of the park and playground fee in the amount of $2,000.00 ($2,000.00 per vacant lot). Mr. Cremers: Second. Mr. Ward: Moved and seconded. All in favo~ Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. foot Lane in is here. Henry Raynor: Henry Raynor before you was Light Industrial 7:35 p.m. Richard Corazzini - This site plan is for a 12,600 squa~re storage and repair building on a 6.910 acre site located on ue. SCTM# 1000-84-1-26.2. I see the agent for tbefapplicant Id you like to address the Board? Good evening. Happy holidays to everyo'r~e. My name is m representing Richard Corazzini¢'The proposed site plan before this Board in 1992;1~s comprised of 6.9 acres of and the plan is.revised and submitted, it has probably just come the Board with ~thls new revision. Before you we believe is in conformance Section 1J3d-250-256 of the Town code. The front yard setback is ali, the~adjacent parcel to the south, Mr. Grey, which is approximately 75 feet from Cox Lane in Cutchogue. We request for the approvst of the questions, I would be ~ than ha Dian this evening. If you have any answer them concerning this particular project. P.erf~aps after the )art of this hearing I might have a suggestion with rejB'~rd to some of the ~endments under 100-133C, for the Board. ~ Mr. Ward~Alrigb!. The Board tonight will probabl a motion on to hold this hearing/open until January 8 to get our SEQRA c~ ated here. We have a site/can that was filled out with a long form which reall ~ ~,oesn't coordinate with ~mact~sdredalnl~on~pa~per at this time. We'd like to dca c(,,,r( ,ated review with amended plan so that would give us a little time to send it the agencies and hopefully on the 8th we could close and approve. STATE OF NEW YORK) ) SS: COUNTY OF SUI'¥OLK ) Principal Clerk of THE SUFFOLK TIMF~, a Weekly Newspaper, published at MalUtuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly pubii~hed in said Newspaper once each week for w weeks SUC~V~, comme~q on the ~ dayof CHRISTINA VOUNSKI Nollry Public, State of New ~ No. 5004884 Corn Qualified in Surfak ~ (~//~ Nol~r~ P~hllc Sworn II.before me this PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowsk[, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P.O. Box1179 SouthOldl New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 November 14, 1995 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Roderick Van Tuyl, P.C. P.O. Box 8 Greenport, NY 11944 Re: Proposed minor subdivision for Barbara Dow SCTM# 1000-17-2-6 Dear Mr. Van Tuyl: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, November 13, 1995: BE IT RESOLVED to override the August 8, 1994 Suffolk County Planning Commission report for the following reason: On March 1, 1995 the Zoning Board of Appeals granted a variance under New York Town Law, Section 280-A, for approval of access to the subject premises. BE IT RESOLVED that the Southold Town Planning Board set Monday, December 11,1995 at 7:30 p.m. for a final public hearing on the maps dated August 14, 1995. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman enc. cc: Frank Cichanowicz Suffolk County Planning Commission DEPARTMENT OF PLANNING t~COUNTY OF SUFFOLK F~OB~*RT J. GAFf nEY SUFFOLK COUNT~ EXECUTIVE STEPHEN M. JONES. AJ.C.P. August 8, I994 Mr. Richard Ward, Chairman Town of Southold Planning Board Main Road Southoid, NY 11971 Minor Subdivison - Barbara B. Dow E/$/o A Private Road, North of Main Road, S.R. 25, adjacent to Long Island Sound, Orient, in the Town of Southold. Dear Mr. Ward: The Suffolk County Planning Comm4ssion at its regular meeting on August 3, 1994, reviewed the proposed subdivision plat, entitled, "M/nor Subdivision - Barbara B. Dow" referred to it pursuant to Section A14-24, Article IIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. File: S-SD-94-08 FD:mb Attachment Very truly yours, Stephen M. Jones Director of Planning ~rank Dog;ling,principal Planner Subdivision ~iew Division File No. S-SD-94-08 Resolution No. ZSR-94-85 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code RESOLVED, RESOLVED, pursuant to Sections Ai4-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on July 21, 1994, with respect to a proposed plat entitled, '~inor Subdivision - Barbara B. Dow" submitted by the Town of Southold Plann%ng Board affecting premises located on the e/s/o A Private Road, North of Main Road, S.R. 25, adjacent to Long Island Sound, Orient, in the Town of Southold, and said referral was considered by the Suffolk County Planning Cow, mission at its meeting on August 3, 1994, and the Co~m,~ssion has voted to disapprove said referral, Be It Ther~ That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be r. Further That said proposed plat is disapproved for the following reasons: The proposed subdivision will result in the creation of a landlocked parcel, that is, a parcel that does not have frontage on an ~xtsting or proposed public or private road. The creation of such a lot is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned. This lack of access could result in health, safety and welfare problems for the future residents of the landlocked lot, not to mention potential disputes over the use and maintenance of any right-of-way over an adjacent parcel that may be created for the purpose of access. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for the lots under Section 280-a of the Town Law as the future owners of the landlocked lots cannot be held responsible for the landlocked nature of their parcels. Motion by: Co~.m~ssioner Shepard. Commission Vote: 13 Presemt - Dated August 3, 1994 Hauppauge, New York Suffolk County Plannin Seconded by: Co~ ssioner Cichanowicz Yeas I3 Nays 0 Abstentions 0 Commission Submission Without a Cover Letter Sender: Date: ti t ~-Iq ~- SCTM#: 1000- / ? ~ 3- ~ Comments: 2_ milo. rs_ Fe_.viscd B~ prints NOV 2me5 RODERICK VAN TUYL, P.C. 2 1 8 FRONT STREEI' POST OFFICE J~OX e GREEt/PORT, NEW' YORK I 1 944 TO Melissa Spiro Southold Town Planning Board Town Hall Southold, NY 11971 DATE Oct. 19, 1995 SUBJECT Dow subdiv. 1000-17-2-6 Dear Melissa: Will you please arrange to have the Board do review of the Barbara Dow~subdivision map, copies of which in enclosed (2 mylars and ~ paper prints). Thank you. % a final are here- Very truly yours, SOUTHOLD TOWN~ BOARD fder Item #MLSN72 The Drawing Board P O Box 2944. Hartford. CT 06104-2944 ~GI. 1982. Printed in USA FOLD AT (-) TO FFT DRAWING BOA~RO ENVELOPE # EW10P APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dirdzio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD March 9, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Richard E. DePetris, Esq. Seheinberg, Schneps, DePetris & DePetris One Union Square Aquebogue, NY 11931-0716 Re: Town Law, Section 280-A Application of Barbara Dow (1000-17-2-6) Dear Mr. DePetris: Please find attached a copy of the Beard's findings and determination rendered at our March 1, 1995 Regular Meeting concerning the above request for a variance under Town Law, Section 280-A. For convenience purposes, copies of this determination have been forwarded to the Building Department and Planning Board for their permanent records. If you have questions pertaining to this determination, please feel free to call. Very truly yours, T,inda Kowalski Enclosure Copies of Decision to: Southold Town BOding Department ~Southold Town Plannh~g Beard L/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road Re. Box 1179 Southold, New York 11971 ._ Fax (516) 765-1823 Telephone (516) 765-1809 Appl. No. 4302. Upon Application of BARBARA DOW. Application based upon the January 10, 1995 Notice of Disapproval issued by the Building Inspector under Article XXVIII, Section 100-280B and New York Town Law, Section 280-A for approval of access to premises known as 725 Private Road #4, shown as County Tax Map Parcel No. 1000-17-3-11, Orient, NY, County Tax Map Parcel No. 1000-17-2-6, and over a private right-of-way extending off the north side of State Route 25 (Main Road). WHEREAS, a public hearing was held on March 1, 1995, at which time all who desired to be hoard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an Application for Approval of Access pursuant to the previsions of New York Town Law, Section 280A, which allows variance relief from the standard requirements for road improvements over a private right-of-way. 2. The right-of-way in question is located at Orient and is moro particularly shown on a survey prepared by Roderick VanTuyl, L.S. as mapped October 18, 1994 for Barbara Dow and Others. The survey shows that the right-of-way easement is 25+- feet in width, extendi~lg north between parcels identified as 1000-17-3-10 (Silverstone) and 1000-17-4-3 (VanClcef). The right-of-way runs 437+- feet north, along lands of Silverstone, Welies, and Newell, and then to the north 205+- feet and westerly 175+- feet to the traveled portion, (proposed new. right-of-way easement area) over land of.Rowsom, extending north approx. 150 feet to land of Dow. The easement area of the right-of-way which is proposed to be modified is that portion of the 'P~ge 2 - Appeal No. 4302~ Application of BARBARA DOW Decision Rendered March 1, 1995 right-of-way which is over land owned by George Rowsom (17-2-7.1) and presently traveled, instead of the 50-ft. ROW show on the October 18, 1994 survey map. 3. The lot to which access is requested is presently improved with a single-family dwelling built in 1972 under Building Permit No. 5705. This application, however, does not refieet a formal request for access to any other lots in this vicinity, and this determination is limited to approved access for this lot and not to ether lots claiming access over any portion of the right-of-way~ Further application for a variance from the improvement standards as provided by Town Law, Section 280-A, may also be required for the remaining lots along this right-of-way - by separate application and if necessary further improvements and upgrading as may be appropriate at that future date. 3. The condition of the right-of-way base for the first 437+- feet is excellent (blacktop macadam). The remaining portions of the right-of-way need some improvement, including the filling of potholes with 3/4" stone blend, regrading and leveling, and clearance 15-ft. wide and 14 ft. minimum height for fire trucks. It is also necessary to add 3/4-inch blue stone to a depth of not less than two inches to a width of 12 feet within the right-of-way easement area up to the parcel owned by Rowsom (7.1). The alternative easement area, presently traveled, and owned by Rowsom as well as the renmining right-of-way area over land owned by Dow, shall be improved with 2" of stone blend, regraded, to a 10 ft. width, and clearance of overgrowth to 15 feet in width. 4. It is noted for the record that the applicant has furnished proof of an easement and right-of-way by deed from Stern to Dow recorded at Liber 6730 page 234 dated April 10, 1970. 5. In considering this application, the Board finds: (a) that the grant of the variance, with conditions, is the minimum necessary to afford relief; (b) there has been no claimed benefit to the general population of the town, or alternative which may outweigh the benefit sought by the applicant; (c) the grant of the variance, with conditions, will not create an undesirable change in the neighborhood or nearby properties; (d) the circumstances show that the applicant's property does not have direct frontage on an existing town street or highway, however, the private right-of-way does gain access from the Main Road maintained by the State of New York as Highway Route 25; (e) in passing upon this variance, this decision conditions the issuance of building permits and certificates of occupancy to Page 3 - Appeal No. 430'. Application of BARBARA DOW Decision Rendered March 1, 1995 assure safe and sufficient access by trucks and other fire vehicles as well as access by other vehicles; (f) the variance will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood or district. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the Variance requested under New York Town Law, Section 280-A, pertaining to improvements upon the above-described private right-of-way, which provides unobstructed access to the premises identified as 1000-17-2-6 owned by the applicant Barbara Dow, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the entire length of the right-of-way be maintained at a cleared width of 15 feet and cleared height of at least 14 feet; 2. That the entire length of the right-of-way be continu- ously maintained in good condition at all times; 3. That areas of the right-of-way which are not blacktopped/macadam be improved with the placement of two inches of 3/4-inch stone blend and regraded to a width of 12 feet, except that the right-of-way over land now or Rowsom (1000-17-2-7.1) may be reduced to a width of 10 feet with two inches of 3/4 inch stone blend, regraded and leveled; 4. That aH potholes be filled with 3/4 inch stone blend, and continuous maintenance should there be ROW depressions that occur in the future. 5. That within 90 days hereof, the owner shall confirm a written easement between the applicant, and aH subsequent owners, to a right over an alternative right-of-way over and upon lands identified as 1000-17-2-7.1, now of Rowsom, and a copy of said executed easement agreement shah be furnished to the Board of Appeals for permanent recordkeeping purposes; 6. That in the event the applicant is not able to obtain a written easement over that portion of land owned by George Rowsom as agreed, then the applicant will be required to reapply to the Beard of Appeals for a further review and conditions relevant to the 50-ft. wide ROW over land of Rowsom, or other easement agreement of record; and 7. That all ROW imprOvements shah be located as distant as possible, and not be moved closer, to the "old cemetery grounds" Page 4 - Appeal No. 4302 Application of BARBARA DOW Decision Rendered March 1, 1995 (Lot 4) which is west of the Rowsom (7.1) parcel. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa, and Tortora. This resolution was duly adopted. , GERARD P. GOEHRINGER,/~HAIRMAN PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August23,1994 Shepard M. Scheinberg P.O. Box 716 Aquebogue, NY 11931 Re: Proposed minor subdivision for Barbara B. Dow SCTM# 1000-17-2-6 Dear Mr. Scheinberg: The following resolution was duly adopted by the Southold Town Planning Board at a meeting held on Monday, August 22, 1994: BE IT RESOLVED that the Southold Town Planning Board grant conditional sketch approval on the maps dated Mamh 14, 1994, with the following condition: 1. Sketch plan approval is conditioned on receipt of 280-A access approval. The Planning Board granted a conditioned Negative Declaration on July 21, 1992. The maps have been revised, and a Declaration of Covenants and Restrictions has been filed in accordance with the conditions of the conditioned Negative Declaration. The Planning Board has referred this subdivision to the Suffolk County Planning Commission for their review. The SCPC report will be reviewed upon receipt of a positive determination in regard to 280-A access approval. The application has also been referred to the Orient Fire District for a recommendation as to whether or not a firewell is necessary. You will be notified if the Planning BOard determines that a firewell is necessary. Page 2 Minor subdivision for Barbara Dow August 23, 1994 Upon submission of maps in final form and 280-A access approval, the final hearing will be scheduled. Final maps must contain a notation that a Declaration of Covenants has been filed including the Liber and Page number of all recorded documents in addition to a valid stamp of Health Department approval. The final maps must be in proper form to be recorded in the County Clerk's office. Please note that 8 paper prints and 2 mylars of the final maps are required prior to any endorsement of the subdivision. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman enc. cc: Zoning Board of Appeals DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEPHEN M, JONES, A.I.C.P. August 8, 1994 Mr. Richard Ward, Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Minor Subdivison - Barbara B. Dow E/s/o A Private Road, North of Main Road, S.R. 25, adjacent to Long Island Sound, Orient, in the Tovm of Southold. · Dear Mr. Ward: The Suffolk County Planning Commission at its regular meeting on ~ A~gust 3, 1994, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Barbara B. Dow" referred to it pursuant to Section A14-24, Arti61e XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very truly yours, Stephen M. Jones Director of Planning File: S-SD-96-08 ED:mb Attachment /Frank l)owl~ng, /J~rinc±pal Planner Subdivision ~/~icw Dlvision File No. S-SD-94-08 Resolution No. ZSR-94-85 of Suffolk County Planning Commission Pursuant to Sections A14~24, Article XIV of Suffolk County Administrative Code WHEREAS, WHEREAS, RESOLVED, RESOLVED, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on July 21, 1994, with respect to a proposed plat entitled, "Minor Subdivision - Barbara B. Dow" submitted by the To~za of Southold Planning Board affecting premises located on the e/s/o A Private Road, NOrth of Main Road, S.R. 25, adjacent to Long Island Sound, Orient, in the Town of Southold, and said referral was considered by the Suffolk County Planning Commission at i~s meeting on August 3, 1994, and the Commission has voted to disapprove said referral, Be It Therefore That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further That said propos,ed plat is disapproved for the following reasons: The proposed subdivision will result in the creation of a landlocked parcel, that is, a parcel that does not have frontage on an exist{hg or proposed public or private road. The creation of such a lot is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned. This lack of access could result in health, safety and welfare problems for the future residents of the landlocked lot, not to mention potential disputes over the use and maintenance of any right-of-way over an adjacent parcel that'Say be created for the purpose of access. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for the lots under Section 280-a of the Town Law as the future owners of the landlocked lots cannot be held responsible for the landlocked nature of their parcels. Motion by: Commission Commissioner Shepard Vote: 13 Prese, nt Seconded by: Commissioner Cichanowicz Yeas 13 Nays 0 Abstentions 0 Dated August 3, 1994 Hauppauge, New York' Suffolk County Planning Co,.Ilissio~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFF'NEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING August 8, 1994 Mr. Richard Ward, Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Minor Subdivison - Barbara B. Dow E/s/o A Private Road, North of Main Road, S.R. 25, adjacent to Long Island Sound, Orient, in the Town of Southold. Dear Mr. Ward: The Suffolk County Planning Commission at its regular meeting on August 3, 1994, reviewed the proposed subdivision plat, entitled, '~Ltnor Subdivision - Barbara B. Dow" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. File: S-SD-94-08 FD:mb Attachment Very truly yours, Stephen M. Jones Director of Planning b - ~ ~rank Do~wling,~rincipal Planner Subdivision ~iew Division File No. S-SD-94-05 Resolution No. ZSR-94-85 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, WHEREAS, RESOLVED, RESOLVED, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on July 21, 1994, with respect to a proposed plat entitled, '~Minor Subdivision - Barbara B. Dow" submitted by the Town of Southold Plamning Board affecting premises located on the e/s/o A Private Road, North of Main Road, S.R. 25, adjacent to Long Island Sound, Orient, in the Town of Southold, and said referral was considered by the Suffolk County Planning Commission at it.s meeting on August 3, 1994, and the Commission has voted to disapprove said referral, Be It Therefore That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further That said proposed plat is disapproved for the following reasons: The proposed subdivision will result in the creation of a landlocked parcel, that is, a parcel that does not have frontage on an existing or proposed public or private road. The creation of such a lot is contrary to good subdivision layout principles and creates problems as far as accessby emergency and service equipment is concerned. This lack of access could result in health, safety and welfare problems for the future residents of the landlocked lot, not to mention potential disputes over the use and maintenance of any right-of-way over an adjacent parcel that may be created for the purpose of access. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for the lots under Section 280-a of the Town Law as the future owners of the landlocked lots cannot be held responsible for the landlocked nature of their parcels. Motion by: Commissioner Shepard Commission Vote: 13 Present Yeas 13 Nays 0 Abstentions 0 Seconded by: Commissioner Cichanowtcz Dated August 3, 1994 Hauppauge, New York Suffolk County Planning Commission PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Harrison Demerest, Jr., Secretary Orient Fire District P.O. Box 41 Orient, New York 11957 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Dear Mr. Demerest: Enclosed please find (2) surveys for Please notify this office as to whether any firewells a:~ needed. Please specify whether shallow well:s or electric well will be needed. Please reply by ~/Iq I qq , 199 Thank you for your cooperation. ~ enc. Very truly yours Chairman SUBMISSION WITHOUT COVER LETTER SE~E~.. SCTM~: Iq PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Suffolk County Planning Commission H. Lee Dennison Executive Office Building - 12th Floor Veteran's Memorial Highway Hauppauge, NY 11788 Attention: Mr. Frank Dowling, Senior Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of --~.r~j'~, ~ ~ ~ Hamlet/Locality (~ ~ ~.-~- S.C.D.P.W. Topo No.: Zoning ~- ~(~ SmC. Tax Map No.: 1000- 1'7 2. _ ~ Major Sub. Minor Sub.'~'. Site Plan Cluster Lot Line Change.~ MATERIAL SUBMITTED: Preliminary Plat (3 copies) Road Profiles (1) Drainage Plans (1) Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: SEQRA STATUS: 1. The project is an (..~) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A (~)~ Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.l.S. statement enclosed. ( ) Yes (~ No Comments: We request a~knowled~ement o[ reCeipt of this referral ( ) Yes ~ No Referral received Commission and assigned File No. 1994 by the Suffolk County Planning Sincerely, Richard G. Ward Chairman cc: Frank Cichanowicz rev. 6/94 EMILF. DE PETRIS RICHARD E. DE PETRIS SHEPARD M,SCHEINBERG SGHEINBEltG, SGHNEPS, DE PETItlS ~c DE PETRIS ATTORNEYS AT LAW 1 UNION SQUARE POST OFFICE Box 716 AQUEBOOUE, NE%' YORK 11031 July 15, 1994 Town of Southold Planning Board Main Street Southold, NY 11971 Re: Barbara B. Dow Dear Board Members: Enclosed please find photocopy of recorded negative declaration of covenants and restrictions, conservation easement, and easements for access arid utilities which have been executed by Barbara B. Dow in connection with her proposed minor subdivision located in Orient, SCTM 100-17-2~6. Also enclosed please find three copies of the preliminary minor subdivision map for Barbara Dow containing the Suffolk County Health Department approval and containing all of the information as required by your office as set forth in your letter dated July 22, 1992 addressed to Colin Van Tuyl. Please process this minor subdivision so that final approval can be given by your office. Very truly yours, SHEPARD M. SCHEINBERG SMS/dc Att. BOXES 5 TitRU 9 MUST BE TY iI 1 I SUFFOLK COUNTY CLERK I 11 3841i996 ~omber of pages Serial# Cerli[icale # Deed / Mortgage Instrument OR PRINTED IN BLACK lINK ONd~kPRIOR TO RECORDING OR FILINL Deed / Mortgage Tax Stamp Recording / Filiog StamPs Page / Filling Fee Iiaudliog TP-584 Notation EA-]717 (Coiluiy} ILP.T.S.A. Cream. of Ed. Affidavit Certified Copy Reg. Copy Other Suln Tolal ,..). § . 00 Sub Total ~ ;__._~ .... ~RAND TOTAl., ,~~~' ~/. Real Proper~y Tax Service Agency Verification DJst Lol Mortgage Amt. 1. Basic Tax ;, 2. $ONYMA Suln Total Spec.lAdd. . TOT. MTG. TAX Dual Town Doal County ileld for Apporlionment __ Transfer 'Fax Mansion Tax Tine property covered hy this morlgage is or will be improved hy a one or two family dwelling only. YES or NO If NO, see npproprlale lax clause oo page # of this iaxtrument. Title Company Information 1000 017.000 02.00 006.000 N/A Company Name Title Numher FEE P.AID BY: Cash Clneck ~/ Clmrge Payer same as R & R / SHEPARD M. SCHEINBERG, ESQ. P.O. Box 599 Riverhead, NY 11901 OR: "Suffoik County Re.cording & Endorsement page This page forms part of the attached negat±ve dec. of C&Rs (.~ ~{L~ made by: (Deed, Mortgage, etc.) _ BARBARA B. DOW The premises herein is situated iii SUFFOLK COUNTY, NEW YORK. TO Ill the TOWN of Southo] cl In the VILLAGE or HAMLET of ORIENT DECLA~A~ION OF COVENANTS AND R~qq~TC~TON~: CONSERVATION EASEHENT~ AND EASE~ENT~ FO~ ACCESS AND UTILITIES THIS DECLARATION made this ~ th day of May~ 1994, by BARBARA B. DOW residing at 87 Marjorie Court, Manhasset, NY 11030, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES negative covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has made application to the Planning Board of the Town of Southold (hereinafter referred to aS the PLANNING BOARD) for approval of a two lot minor subdivision of the PREMISES, and W]tEREAS, the PLANNING BOARD by its resolution of July 21, 1992 made a determination of non-significance and granted a Conditioned Negative Declaration for the minor subdivision of the PREMISES, and ~{EREAS, such resolution required the DECLARANT to place certain restrictions on the PREMISES and to provide access to Lot 1 over the traveled road located on Lot 2, NOW, THE DECLARANT MAKES THE FOLLOWING RESTRICTIVE COVENANTS AND RESTRICTIONS, CONSERVATION EASEMENT AND EASEMENTS OF ACCESS AND FOR UTILITIES: 1. There shall be no further subdivision of the two lots, the subject of these covenants and restrictions. 2. A conservation easement is hereby imposed upon Lot 2 in all areas outside of the building envelope. There shall be no clearing or grading allowed within the conservation easement. A foot path to the beach area and a driveway to access the dwelling located within the building envelope shall be the only uses allowed within the conservation easement. All activities witl~in 75 feet of the mean high water mark on Long Island Sound are -1- DRCT.ARATION OF COVENANTS AND RR~q'I~TCTTON~: CONSERVATION EASI~4ENT, AND EASEMENTS FOR ACCESS AND UTILITIES THIS DECLARATION made this ~ th day of May, 1994, by BARBARA B. DOW residing at 87' Marjorie Court, Manhasset, NY 11030, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES negative covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has made application to the Planning Board of the Town of Southold (hereinafter referred to as the PLANNING BOARD) for approval of a two lot minor subdivision of the PREMISES, and WI{EREAS, the PLANNING BOARD by its resolution of July 21, 1992 made a determination of non-significance and granted a Conditioned Negative Declaration for the minor subdivision of the PREMISES, and ~{EREAS, such resolution required the DECLARANT to place certain restrictions on the PREMISES and to provide access to Lot 1 over the traveled road located on Lot 2, NOW, TilE DECLARANT MAKES ~IE FOLLOWING RESTRICTIVE COVENANTS AND RESTRICTIONS, CONSERVATION EASEMENT AND EASEMENTS OF ACCESS AND FOR UTILITIES: 1. There shall be no further subdivision of the two lots, the subject of these covenants and restrictions. 2. A conservation easement is hereby imposed upon Lot 2 in all areas outside of the building envelope. There shall be no clearing or grading allowed within the conservation easement. A foot path to the beach area and a driveway to access the dwelling located within the building envelope shall be the only uses allowed within the conservation easement. All activities Within 75 feet of the mean high water mark on Long Island Sound are -1- within the jurisdiction of the Board of Trustees of the Town of Southold and the location of the footpath shall be subject to review by such Board. 3. The wet areas located on Lot 2 shall be left in their natural state, and shall not be filled. Haybales, silt fences or the equivalent shall be used during the time of excavation of the dwelling foundation and the septic system in order to mitigate the erosion impacts to the wet areas. 4. Lot 1 is hereby granted an easement over Lot 2 for ingress and egress for access by foot or vehicle and an easement for telephone, electric, water, sewer, cablevision and any other utility over the 25 foot right-of-way (presently shown as the "traveled road"). 5. Lot 2 is hereby granted an easement over Lot 1 for telephone, electric, water, sewer, cablevigion and any other utility. 6. The aforementioned Restrictive Covenants shall be enforceable by the PLANNING BOARD OF THE TOWN OF SOUTHOLD, by injunctive relief or by any other remedy in equl%y or at law. The failure of said PLANNING BOARD to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the TOWN OF SOUTHOLD or any officer or employee thereof. 7. These covenants and restrictions, conservation easement, utility easements and easement for access shall run with the land in perpetuity and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the PLANNING BOARD. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. BARBARA B. DOW -2- STATE OF N.E~_ YOR~ ) COUNTY OF -5~o~FFO%~K ) On the ~ day of May, 1994, before me personally came BARBARA B. DOW, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that she exe~d ~- Notary Public : State of New York -3- SC}IEDULE A OVER ALL DESCRIPTION All that piece, or parcel of land, with the improvements situate thereon, lying and being at Orient, Town of Southold, County of Suffolk and State of New York; Beginning at a point situate at the South East corner of the subject premises, which point marks the North East corner of a 50 foot Right of Way crossing the land, now or formerly of Rowsom, and running from said poln~ of beginning the following courses and distances: SOUTH 82 DEGREES 3] MINUTES 30 SECONDS WEST 96.18 FEET along lands now or formerly of Rowsom; THENCE NORTH 88 DEGREES 36 MINUTES 00 SECONDS WEST 98.10 FEET along the "Old Burial Ground"; THENCE NORTH 4 DEGREES 45 MINUTES 00 SECONDS EAST 128 FEET along lands now or formerly of Stern to a monument; THENCE SOUTH 81 FEET still along monument; DEGREES 10 MINUTES 00 SECONDS WEST 51.29 land now or formerly of Stern to a THENCE NORTH 19 DEGREES 54 MINUTES 30 SECONDS EAST 120.52 FEET still along land now or formerly of Stern to a monument~ THENCE NORTN 7 DEGREES 46 MINUTES 30 SECONDS WEST 585.21 FEET still along lands now or formerly of Stern, Chlerchie and Stern and through a monument to the ordinary high water mark of the Long Island Sound; THENCE ALONG THE ORDINARY HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING FOUR (4) COURSES AND DISTANCES: (1) SOUTH 70 DEGREES 52 MINUTES 50 SECONDS EAST ALONG A TIE LINE 138.14 FEET; (2) SOUTH 49 DEGREES 43 MINUTES 20 SECONDS EAST ALONG A TIE LINE 154.67 FEET; (3) SOUTH 32 DEGREES 22 MINUTES 10 SECONDS EAST ALONG A TIE LINE 349.27 FEET; (4) SOUTH 53 DEGREES 55 MINUTES 40 SECONDS EAST ALONG A TIE LINE 87.99 FEET to land now or formerly of Mitchell; -4- THENCE SOUTH 47 DEGREES 41 MINUTES 30 SECONDS WEST 369.08 FEET along lands now or formerly of Mitchell and Rowsom; THENCE SOUTH 31 DEGREES 20 MINUTES 20 SECONDS EAST 72.85 FEET along land now or formerly of Rowsom to the po~n~ or place of Beginning. LOT ONE Ail that piece, or parcel of land with the improvements situate thereon, lying and being at Orient, ToWn of Southold, County of Suffolk and State of New York; Beginning at a monument situate at the South East corner of the subject premises, which monument is the following three (3) course and distances from a point which marks the North East corner of a 50 foot Right of Way crossing the land, now or formerly of Rowsom: (1) SOUTH 82 DEGREES 31 MINUTES 30 SECONDS WEST 96.18 FEET along lands now or formerly of Rowsom; (2) THENCE NORTH 88 DEGREES 36 MINUTES 00 SECONDS WEST 98.10 FEET along the "Old Burial Ground"; (3) THENCE NORTH 4 DEGREES 45 MINUTES 00 SECONDS EAST 128 FEET along lands now or formerly of Stern to a monument; RUNNING THENCE FROM SAID POINT OF BEGINNING SOUTH 81 DEGREES 10 MINUTES O0 SECONDS WEST 51.29 FEET still along land now or formerly of Stern; THENCE NORTH 19 FEET still along monument; DEGREES 54 MINUTES 30 SECONDS EAST 120.52 land now or formerly of Stern to a THENCE NORTH 7 DEGREES 46 MINUTES 30 SECONDS WEST 585.21 FEET still along lands now or formerly of Stern, Chierchie and Stern and through a monument to the ordinary high water mark of the Long Island Sound; THENCE ALONG THE ORDINARY HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING THREE (3) COURSES AND DISTANCES: (1) SOUTH 70 DEGREES 52 MINUTES 50 SECONDS EAST ALONG A TIE LINE 138.14 FEET; (2) SOUTH 49 DEGREES 43 -5- MINUTES 20 SECONDS EAST ALONG A TIE LINE 154.67 FEET; (3) SOUTH 32 DEGREES 22 MINUTES 10 SECONDS EAST ALONG A TIE LINE 222.26 FEET; THENCE SOUTH 34 DEGREES 15 MINUTES 50 SECONDS WEST 156.28 FEET along other lands of Barbara B. Dow (Parcel 2); THENCE SOUTH 47 DEGREES 41 MINUTES 30 SECONDS WEST 115.00 FEET still along said Parcel 2 of Dow; THENCE SOUTH 35 DEGREES 57 MINUTES FEET still along said Parcel 2 of the point or place of beginning. 00 SECONDS WEST 180.00 Dow to a monument and LOT TWO All that piece, or parcel of land, lying and being at Orient, Town of Southold, County of Suffolk and State of New York; Beginning at a point situate at the South East corner of the subject premises, which point marks the North East corner of a 50 foot Right of Way crossing the land, now or formerly of Rowsom, and running from said point of beginning the following courses and distances: SOUTH 82 DEGREES 31 MINUTES 30 SECONDS WEST 96.18 FEET along lands now or formerly of Rowsom; THENCE NORTH 88 DEGREES 36 MINUTES O0 SECONDS WEST 98.10 FEET along the "Old Burial Ground"; THENCE NORTH 4 DEGREES 45 MINUTES 00 SECONDS EAST 128 FEET along lands now or formerly of Stern to a monument; THENCE NORTH 35 DEGREES 57 MINUTES O0 SECONDS EAST 180.00 FEET along other lands of Barbara B. Dow (Parcel 1); THENCE NORTH 47 DEGREES 41 MINUTES 30 SECONDS EAST 115.00 FEET still along said Parcel 1 of Dow; THENCE NORTH 34 DEGREES 15 MINUTES 50 SECONDS EAST 156.28 FEET still along said Parcel 1 of Dow to the ordinary High Water Mark of the Long Island Sound; -6- I1684P 996 THENCE ALONG THE ORDINARY HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) SOUTH 32 DEGREES 22 MINUTES 10 SECONDS EAST ALONG A TIE LINE 127.01 FEET; (2) SOUTH 53 DEGREES 55 MINUTES 40 SECONDS EAST ALONG A TIE LINE 87.99 FEET to land now or formerly of Mitchell; THENCE SOUTH 47 DEGREES 41 MINUTES 30 SECONDS WEST 369.08 FEET along lands now or formerly of Mitchell and Rowsom; THENCE SOUTH 31 DEGREES 20 MINUTES 20 SECONDS EAST 72.85 FEET along land now or formerly of RowSom to the point or place of Beginning. -7- PLANNING BOARD MEMBERS Richard G. Wa~d, Chairman George Rltchle Latharn, Jr. Bennett Orlowskl, Jr. Mm'k $. McDonald Kenneth L Edwa~ts Telephone [516} 785-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P. O, Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 February 7, 1994 Shepard M. Scheinberg 1 Union Square P.O. Box 716 Aquebogue, New York 11931 RE: Proposed Minor Subdivision Barbara Dow SCTM~ 1000-17-2-6 Dear Mr. Scheinberb: I have received the three (3) copies of the map for the above mentioned subdivision. Please refer to the enclosed correspondence dated July 22, 1992, from the Planning Board to Colin Van Tuyl, in regard to additional information required to proceed with the subdivision proposal. If you have any questions regarding the enclosed, please do not hesitate to contact me. SincErely, Melissa Spiro Planner enc. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD i SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 July 22, 1992 Colin Van Tuyl 218 Front Street Greenport, New York 11944 RE: Proposed Minor Subdivision for Barbara B. Dow Orient SCTM# 1000-17-2-6 Dear Mr. Van Tuyl: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Tuesday, July 21, 1992: Be it RESOLVED that the Southold Town Planning Board rescind its resolution of May 15, 1989, in which a determination of significance was made and a Positive Declaration was issued to the above mentioned project. Be it further RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Conditioned Negative Declaration for the minor subdivision of Barbara B. Dow. It is the opinion of the Planning Board that the proposed alternative combined with the conditions imposed will reduce the project's potentially significant adverse effects to a non-significant level. The conditions of the Conditioned Negative Declaration are as follows: A building envelope.shall be indicated for proposed Lot 2 to the south of the "traveled road" in order to decrease the potential for erosion of the terrain and encroachment on the wetlands. Such building envelope shall indicate the front, rear and side yard setbacks, and all setbacks shall conform to the minimum requirements of the Town Code. A conservation easement shall be placed on Lot 2 in all areas outside of the building envelope. There shall be no clearing or grading allowed within the conservation easement. A footpath to the beach area and a driveway to access the dwelling located within the building envelope shall be the only uses allowed within the conservation easement. All activities within 75 feet of the mean high water mark on Long Island Sound are within the jurisdiction of the Board of Trustees. Therefore, the location of the footpath shall be subject to review by such Board. ~ A covenant shall be placed on both lots restricting any further subdivision in perpetuity. The wet areas located on proposed Lot 2 shall be left in their natural state, and shall not be filled. Haybales, silt fences or the equivalent shall be used during the time of excavation of the dwelling foundation and the septic system in order to mitigate the erosion impacts to the wet areas. In addition, due to the location of the existing "traveled road" and the terrain of the property, it is not feasible to design the subdivision in a manner other than to allow Lot 1 access over Lot 2. The maps must contain a notation that the 25 foot right-of-way, (presently shown as the "traveled road"), is to provide access to Lot 1. Both lots must contain a covenant to allow such access. Upon submission of maps including all conditions of the Conditioned Negative Declaration, the application will be scheduled for sketch approval and the map will be referred to the Suffolk County Planning Commission for review. The final hearing will not be scheduled until final maps containing a valid stamp of Health Department approval have been submitted. Enclosed please find a copy of the Conditioned Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Encl. Very truly yours, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr, Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review CONDITIONED NEGATIVE DECLARATION Notice of Determination of Non-Significance SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York Il971 Fax (516) 765-1823 July 21, 1992 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment provided certain conditions are adhered to, and that a Draft Environmental Impact Statement need not be prepared. Name of Action: Minor Subdivision Barbara B. Dow SCTM#: 1000-17-2-6 Location: Approximately 1,450 feet north of Main Road on a right-of-way located 2,600 feet west of Young's Road in Orient. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes (X) No ( ) Description of Action : Subdivision of a 4.99 acre parcel into two lots, 2.0 acres and 2.99 acres respectively. Parcel located in the R- 40 (Residential - 1 acre) Zoning District. SEQR Conditioned Negative Declaration (Cont,) Conditions of NegativeDeclaration: A building envelope shall be indicated for proposed Lot 2 to the south of the "traveled road" in order to decrease the potential for erosion of the terrain and encroachment on the wetlands. Such building envelope shall indicate the front, rear and side yard setbacks, and all setbacks shall conform to the minimum requirements of the Town Code. A conservation easement shall be placed on Lot 2 in all areas outside of the building envelope. There shall be no clearing or grading allowed within the conservation easement. A footpath to the beach area and a driveway to access the dwelling located within the building envelope shall be the only uses allowed within the conservation easement. All activities within 75 feet of the mean high water mark on Long Island Sound are within the jurisdiction of the Board of Trustees. Therefore, the location of the footpath shall be subject to review by such Board. A covenant shall be placed on both lots restricting any further subdivision in perpetuity. ~-The wet areas located on proposed lot 2 shall be left in their natural state, and shall not be filled. Haybales, silt fences or the equivalent shall be used during the time of excavation of the dwelling foundation a~d the septic system in order to mitigate the erosion impacts to the wet areas. Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11 (a), the criteria for issuance of a Conditioned Negative Declaration contained in 617.6 (h), and in consideration of the Long Environmental Assessment Form Parts I and II, and the following specific reasons: e The project is an Unlisted action, a full EAF has been prepared, and a coordinated review with involved agencies has been completed. The subject property is zoned Residential R-40, and the proposed project conforms to the requirements for this District. e The conditions imposed will reduce the projects potentially significant adverse effects to a non-significant level. The project has been reviewed by the Southold Town Board of Trustees, and all comments from that Department have been incorporated into the design. For Further Information: Contact Person: Melissa A. Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Roger Evans, NYSDEC, Stony Brook Commissioner Jorling, NYSDEC, Albany John M. Bredemeyer III, Board of Trustees Judith Terry, Town Clerk Applicant SCHEINBERG, SCHNEPS, DE PETRIS & DE PETRIS ATTORNEYS AT LAW 1 {~NION SQUAIS~E POST OFI~'ICE BOX 7l(~ January 28, 1994 Planning Board Town of Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Proposed Subdivision for Barbara Dow SCTM ~1000-17-2-6 Gentlemen: At long last I enclose herewith three (3) copies of Preliminary Minor Subdivision Map relative to th~ above referenced property, which maps contain Suffolk County Health Department Approval. Please advise me what additional steps are required obtain final approval from your Board to the two lot subdivisioa. Very truly yours, SHEPARD M. SCHEINBERG SMS/dc Att. cc: Mrs. Barbara Dow FEB I IMPORTANT > > File Number: 5I!--473800--00852 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latharn. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 July 22, 1992 Colin Van Tuyl 218 Front Street Greenport, New York 11944 RE: Proposed Minor Subdivision for Barbara B. Dow Orient SCTM9 1000-17-2-6 Dear Mr. Van Tuyl: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Tuesday, July 21, 1992: Be it RESOLVED that the Southold Town Planning Board rescind its resolution of May 15, 1989, in which a determination of significance was made and a Positive Declaration was issued to the above mentioned project. Be it further RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Conditioned Negative Declaration for the minor subdivision of Barbara B. Dow. It is the opinion of the Planning Board that the proposed alternative combined with the conditions imposed will reduce the project's potentially significant adverse effects to a non-significant level. The conditions of the Conditioned Negative Declaration are as follows: A building envelope.shall be indicated for proposed Lot 2 to the South of the "traveled road" in order to decrease the potential for erosion of the terrain and encroachment on the wetlands. Such building envelope shall indicate the front, rear and side yard setbacks, and all setbacks shall conform to the minimum requirements of the Town Code. A conservation easement shall be placed on Lot 2 in all areas outside of the building envelope. There shall be no clearing or grading allowed within the conservation easement. A footpath to the beach area and a driveway to access the dwelling located within the building envelope shall be the only uses allowed within the conservation easement. All activities within 75 feet of the mean high water mark on Long Island Sound are within the jurisdiction of the Board of Trustees. Therefore, the location of the footpath shall be subject to review by such Board. A covenant shall be placed on both lots restricting any further subdivision in perpetuity. The wet areas located on proposed Lot 2 shall be left in their natural state, and shall not be filled. Haybales, silt fences or the equivalent shall be used during the time of excavation of the dwelling foundation and the septic system in order to mitigate the erosion impacts to the wet areas. In addition, due to the location of the existing "traveled road" and the terrain of the property, it is not feasible to design the subdivision in a manner other than to allow Lot 1 access over Lot 2. The maps must contain a notation that the 25 foot right-of-way, (presently shown as the "traveled road"), is to provide access to Lot 1. Both lots must contain a covenant to allow such access. Upon submission of maps including all conditions of the Conditioned Negative Declaration, the application will be scheduled for sketch approval and the map will be referred to the Suffolk County Planning Commission for review. The final hearing will not be scheduled until final maps containing a valid stamp of Health Department approval have been submitted. Enclosed please find a copy of the Conditioned Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Encl. Very truly yours, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review CONDITIONED NEGATIVE DECLARATION Notice of D~termination of Non-Significance SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 July 21, 1992 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment provided certain conditions are adhered to, and that a Draft Environmental Impact Statement need not be prepared. Name of Action: Minor Subdivision Barbara B. Dow SCTM#: 1000-17-2-6 Location: Approximately 1,450 feet north of Main Road on a right-of-way located 2,600 feet west of Young's Road in Orient. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative DeClaration; Yes (X) No ( ) Description of Action : Subdivision of a 4~99 acre parcel into two lots, 2.0 acres and 2.99 acres respectively. Parcel located in the R- 40 (Residential 1 acre) Zoning District. SEQR Conditioned Negative Declaration (Cont.) Conditions of Negative Declaration: A building envelope shall be indicated for proposed Lot 2 to the south of the "traveled road" in order to decrease the potential for erosion of the terrain and encroachment on the wetlands. Such building envelope shall indicate the front, rear and side yard setbacks, and all setbacks shall conform to the minimum requirements of the Town Code. A conservation easement shall be placed on Lot 2 in all areas outside of the building envelope. There shall be no clearing or grading allowed within the conservation easement. A footpath to the beach area and a driveway to access the dwelling located within the building envelope shall be the only uses allowed within the conservation easement. All activities within 75 feet of the mean high water mark on Long Island Sound are within the jurisdiction of the Board of Trustees. Therefore, the location of the footpath shall be subject to review by such Board. A covenant shall be placed on both lots restricting any further s~bdivision in perpetuity. --The wet areas located on proposed lot 2 shall be left in their natural state, and shall not be filled. Haybales, silt fences or the equivalent shall be used during the time of excavation of the dwelling foundation and the septic system in order to mitigate the erosion impacts to the wet areas. Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11 (ia), the criteria for issuance of a Conditioned NegatiVe Declaration contained in 617.6 (h), and in consideratidn of the Long Environmental Assessment Form Parts I and II, and the following specific reasons: The project is an Unlisted action, a full EAF has been prepared, and a coordinated review with involved agencies has been completed. The subject property is zoned Residential R~40, and the proposed project conforms to the requirements for this District. The conditions imposed will reduce the projects potentially significant adverse effects to a non-significant level. The project has been reviewed by the Southold Town Board of Trustees, and all comments from that Department ha~e been incorporated into the design. For Further Information: Contact Person: Melissa A. Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Roger Evans, NYSDEC, Stony Brook Commissioner Jorling, NYSDEC, Albany John M. Bredemeyer III, Board of Trustees Judith Terry, Town Clerk Applicant TRUSTEES John M. Bmdemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southotd, New York 11971 TO: FROM: RE: DATE: Bennett Orlowski, Jr. Chairman, Planning Board Bredemeyer, III John M. President, Board of Trus~ Minor subdivision of Ba~b'ara SCTM #1000-17-2-6 July 9, 1992 Dow The Trustees office has reviewed the proposed minor subdivision in light of your July 8, 1992 memo and find: 1. Although no structures are proposed, any activity within 75' of mean high water on Long Island Sound would require a wetland permit. 2. The Coastal Erosion Hazard area jurisdiction under Chapter 37 of the Town Code shows a jurisdiction which is Seaward~the four foot contour of elevation. However, since the slopes,are steep seaward of the forty eight foot contour~here is no noticeable point of inflection) a house in this area is ill advised. Any Structure contemplated for lot #2 should be landward of the "old earth roadway" as depicted on the survey. 3. Lot number one will be heavily constrained under Chapter 37 to essentially prevent all but stairs or dock or erosion protection structures seaward of the house. JMB:jmt Attachments / J! / / Y --~ / / PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone 1516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: FROM: DATE: RE: John Bredemeyer, III President, Board of Trustees Bennett Orlowski, Jr. Chairman July 8, 1992 Minor Subdivision for Barbara Dow Orient SCTM# 1000-17-2-6 On February 1, 1991, this office received a Trustee report on the above noted subdivision. The report stated that the property was not within Trustee jurisdiction. The report also included Bruce Anderson's recommendations about how to develop the site with minimal impact on the wetlands. By way of background, the Planning Board issued a Positive Declaration on the project on May 22, 1989. The Planning Board is considering a modification of that determination if the building envelope was relocated to the upland portion of the property, and Mr. Anderson's recommendations were incorporated. This will be discussed at the Planning Board's July 21st public meeting. Please confirm prior to July 21st, whether or not the project remains outside the jurisdiction of the Trustees. If we do not hear from you by that date, we will assume that the project is not within the Trustees jurisdiction. RODERICK VAN TUYI, P.e. 218 FRONT STREET (~REENPORT, NEW YORK 11944 (516) 477-0170 TO Melissa Spiro DATE Southold Town Planning Board SUBJECT Town Hall Southold, NY 11971 June 24, 1992 Dear Melissa: Enclosed are three prints of the preliminary map and three prints of the lot 2 Topo for the Barbara Dow Minor Subdivision in Orient. These are relative to the 3/18/91 letter from the Planning Boa~ to Shep Sheinberg's office, specifically items 1 & 2. Item 3 (health Dept. approval) is partly contingent upon the Health Dept's receipt of SEQRA determination from the Town. Mr. Sheinberg has asked us to secure the SE(.RA letter from the Town. we hope the enclosed prints will assis; in the process. Thank you for your time and consideration. questions, please call. Sin~c~erely, Colin al~ Tuyl ~ ~::';~ pSI~NNING BOARD ,, Item # ML5N72 The Drawing Board, Dallas, Texas 75266-0429 c; Wheeler Group, Inc., 1982 FOLD AT (-) TO FIT DRAWING BOARD ENVELOPE # EW 10P PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 March 18, 1991 Shepard M. Scheinberg Scheinberg, Schneps, De Petris 1 Union Square Aquebogue, New York 11931 & De Petris RE: Proposed Subdivision for Barbara Dow SCTM# 1000-17-2-6 Dear Mr. Gordon: As per a telephone conversation Melissa Spiro had with Diane of your office on March 15, 1991, please find below a brief review of the status of the above mentioned subdivision proposal. On November 27, 1989, the Planning Board sent correspondence in reference to the abo~e mentioned subdivision proposal to Lynne Gordon, formerly of your office. The letter requested the following information: That all wells and cesspools for the surrounding lots be shown on the map. 2. That contours be shown at two foot intervals. Maps with Health Department approval. (This was requested because the Board was concerned that the applicant would be unable to obtain Health Department approval for the proposed lot.) In response to the letter, Ms. Gordon questioned whether it was necessary to show the two foot contours for the entire parcel, or for only the proposed lot (the lot without the existing dwelling). Although there is no written response to that question, planning staff communicated with Ms. Gordon, and informed her that the contours needed to be shown for only the proposed lot. In addition, at a later date, Planning Staff requested a Long Environmental Assessment Form. This was submitted by Ms. Gordon, and was forwarded to the Board of Trustees, along with a proposed map, for review. On February 1, 1991, the Planning Board received notification from the Trustees that the above mentioned parcel is not within their jurisdiction. A copy of their report is enclosed. There is no record in the Planning Board file of the submission of maps in compliance with the November 27, 1989 correspondence. Upon receipt of maps with the above mentioned information, the Board will determine if the Positive Declaration should be amended. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman enc. ~ TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF'TOWN TRUSTEES TOWN OF SOUTHOLD SCO'I'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: Bennett Orlowski, Jr., Chairman, Planning Board John M. Bredelaeyer, III~ President, Board of Tr~ees Minor subdivision of Barbara Dow SCTM 91000-17-2-26 As this Board has already determined that the wet areas depicted as low spots 1 & 2 on the report of Bruce Anderson were non-jurisdictional by virtue of a neighboring parcels application, we would automatically consider the Dow parcel non-jurisdictional. This office would encourage the recommendations of Mr. Anderson be used to develop building envelopes and restrictive covenants. They would, however, not b~ enforceable under Chapter 97 (wetlands) as it is currently written. Thusly, such restrictive covenants should not list the Trustees as an enforcing body. Bruce Anderson Environmental Consultant January 26, 1990 Mr. John Bredemeyer, President Southold Board of Trustees Town Hall P. O. Box 1179 Southold, NY 11971 Re: Minor Subdivision - Dow Dear Mr. Bredemeyer, Attached is an environmental review of the above referenced project. Field inspection of the site was conducted on January 26, 1990. Sincerely, ~nderso~n~ 47.5 Rambler Road, South61d, NY 11971 (516) 765-4071 Project: Date: Project Minor Subdivision - Dow Situate Orient SCTM# 1000-17-2-6 January 26, i990 Description: Applicant proposes to subdivide a 4.99 acre parcel into two lots. Lot 1 contains an existing dwelling and as proposed contains 2.99 acres. Lot 2 contains the remaining 2.0 acres. Access to lot 1 splits lot 2. Subject parcel contains three low spots adjacent and landward of the beach fronting the Long Island Sound. These low spots are indicated in the attached map photocopied from the survey prepared by Roderick Van Tuyl as amended November 14, 1988. Low spot #1: This area is flanked from all sides by steep slopes. The size and extent of these spots are adequately portrayed on the submitted survey so that flagging is not considered necessary in the regulatory process governing subdivision approval. At the time of inspection water which was frozen had accumulated here. The herbaceous layer was dominated by Spartina patens and contains several shrubs identified as Baccharis halimnifolia (groundsel bush) Both of these species are regarded as tidal wetland indicators. This low spot is probably best ~escribed as coastal fresh. Field inspection revealed this are not to undergo regular tidal inundation. The saline quality of this spot as evident by the plants found is most likely attributed to salt spray. Only during times of extreme storm event would surface waters of the Long Island Sound be expected to fill this low spot. It appears that the Trustees would have no jurisdiction over this are as this area does not fit the tidal wetlands description provided in Section 97-13 (A) (2). Moreover, the plant composition does not indicate this low spot to contain freshwater wetlands. Low spot #2: Field Inspection of this area revealed no standing water. No herbaceous wetland plant community was found within this area. Groundsel bush which is associated with both high marsh tidal habitat and upland habitats was found within this area . The remainin~ ve etatio immediately surroundino t~ ~__ _ ? g n ~ ~L~ ~ow spot is regarded as upland. It therefore concluded that this low spot does not fit the definitions of both tidal and freshwater wetlands as appearing in Section 97-13 (A) (b) of the Town Code. Therefore, the Trustees may not claim jurisdiction over this wetland. 47.5 Rambler ROad, Southold, NY 11971 (516) 765-4071 whica includ~s black cherry, choke cherry, '.,'interberry, 4rey bites, rosa ruaosa and various vines is reaarded as upland. llowever, a clump of phragmites is also associated ~ith this low spot. 'r:ustee jurisdiction over this regarded as questionable. However, the Trustee requirement of a permit for its regulation is not regarded as necessary given the existence of the residential d~elling constructed years ago and given that its regulation would not forward the intention of the Town's policy towards ~etlands as described in Section 97-11 (A) Recommendations: It appears that a wetlands permits as under the Trustees jurisdiction is not necessary. However, there is a benefit in preserving these areas as they are considered natural areas. The Trustees may therefore recommend to the Planning Board that these area not be filled. The protection of the areas from filling may be accomplished through covenants and restrictions as placed on the map by the Planning Board as part of their approval process. It would appear that a building setback of 50 to 75 feet from these low spots for Lot 2 would be reasonable in protecting these area and adjacent natural areas from clearing. Finally, it is recommended that erosion impacts resulting from the excavation for a dwelling foundation and septic system be prevented from filling these low spots be mitigated by requiring silt fence, haybales and the like. 47.5 Rambler Road, Southold, NY 11971 (516) 765-4071 TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: Bennett Orlowski, Jr., Chairman, Planning Board John M. Bredemeyer, III~ President, Board of Tr~ees Minor subdivision of Barbara Dow SCTM 91000-17-2-26 As this Board has already determined that the wet areas depicted as low spots 1 & 2 on the report of Bruce Anderson were non-jurisdictional by virtue of a neighboring parcels application, we would automatically consider the Dow parcel non-jurisdictional. This office would encourage the recommendations of Mr. Anderson be used to develop building envelopes and restrictive covenants. They would, however, not be enforceable under Chapter 97 (wetlands) as it is currently written. Thusly, such restrictive covenants should not list the Trustees as an enforcing body. FEB - I Bruce Anderson Environmental Consultant OF January 26, 1990 Mr. John Bredemeyer, President Southold Board of Trustees Town Hall P. O. Box 1179 Southold, NY 11971 Re: Minor Subdivision - Dow Dear Mr. Bredemeyer, Attached is an environmental review of the above referenced project. Field inspection of the site was conducted on January 26, 1990. Sincerely, ~nders o~n~ 4~5 Rambler Road, South~ld, NY 11971 (516) 765-4071 Project: Minor Subdivision - Situat~ Orient SCTM# 00-17-2-6 Dow Date: January 26, 1990 Project Description: Applicant proposes to subdivide a 4.99 acre parcel into two lots. Lot 1 contains an existing dwelling and as proposed contains 2.99 acres. Lot 2 contains the remaining 2.0 acres. Access to lot 1 splits lot 2. Subject parcel contains three low spots adjacent and landward of the beach fronting the Long Island Sound. These low spots are indicated in the attached map photocopied from the survey prepared by Roderick Van Tuyl as amended November 14, 1988. Low spot #1: This area is flanked from all sides by steep slopes. The size and extent of these spots are adequately portrayed on the submitted survey so that flagging is not considered necessary in the regulatory process governing subdivision approval. At the time of inspection water which was frozen had accumulated here. The herbaceous layer was dominated by Spartina patens and contains several shrubs identified as Baccharis halimnifolia (groundsel bush) Both of these species are regarded as tidal wetland indicators. This low spot is probably best described as coastal fresh. Field inspection revealed this are not to undergo regular tidal inundation. The saline quality of this spot as evident by the plants found is most likely attributed to salt spray. Only during times of extreme storm event would surface waters of the Long Island Sound be expected to fill this low spot. It appears that the Trustees would have no jurisdiction over this are as this area does not fit the tidal wetlands description provided in Section 97-13 (A) (2). Moreover, the plant composition does not indicate this low spot to contain freshwater wetlands. Low spot #2: Field Inspection of this area revealed no standing water. No herbaceous wetland plant community was found within this area. Groundsel bush which is associated with both high marsh tidal habitat and upland habitats was found within this area . The remaining vegetation immediately surrounding this low spot is regarded as upland. It therefore concluded that this low spot does not fit the definitions of both tidal and freshwater wetlands as appearing in Section 97-13 (A) (b) of the Town Code. Therefore, the Trustees may not claim jurisdiction over this wetland. 47.5 Rambler ROad, Southold, NY 11971 (516) 765-4071 Low spot #3: This area is similar to Low spot #1 in that standing water (frozen) was found during the time of inspection. Like low spot #1, this area contains several specimens of groundsel bush and its surrounding vegetation which includes black cherry, choke cherry, winterberry, grey birch, rosa rugosa and various vines is regarded as upland. However, a clump of phragmites is also associated with this low spot. Trustee jurisdiction over this low spot is regarded as questionable. However, the Trustee requirement of a permit for its regulation is not regarded as necessary given the existence of the residential dwelling constructed years ago and given that its regulation would not forward the intention of the Town's policy towards wetlands as described in Section 97-11 (A) (B). Recommendations: It appears that a wetlands permits as under the Trustees jurisdiction is not necessary. However, there is a benefit in preserving these areas as they are considered natural areas. The Trustees may therefore recommend to the Planning Board that these area not be filled. The protection of the areas from filling may be accomplished through covenants and restrictions as placed on the map by the Planning Board as part of their approval process. It would appear that a building setback of 50 to 75 feet from these low spots for Lot 2 would be reasonable in protecting these area and adjacent natural areas from clearing. Finally, it is recommended that erosion impacts resulting from the excavation for a dwelling foundation and septic system be prevented from filling these low spots be mitigated by requiring silt fence, haybales and the like. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 Telephone (516) 765-1801 Town Hall. 53095 Main Road Southold, New York 11971 $OUTHOLD TOWN CONSERVATION ADVISORY COUNCIL To: Southold Town Planning Board From: Southold Town Conservation Advisory Council Dated: January 28, 1991 Re: Barbara B. Dow SCTM #1000-17-2-6 The Conservation Advi, sory Council has inspected the above referenced site and makes the following recommendations The site appears to have no wetlands involved. The wetlands sited on the map appear to be correct. The survey is not correct. Wetlands need to be staked by the Southold Town Trustees. Additional Comments: cc: Southold Town Trustees PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: John M. Bredemeyer, III, President Board of Trustees John Holzapfel, Chairman, Conservation Advisory Committee Bennett Orlowski, Jr., Chairman Proposed subdivision of Barbara Dow, Orient SCTM ~ 1000-17-2-6 DATE: January 22, 1991 Today this office was contacted by the applicant's attorney requesting information about the status of this application. A review of our file revealed that we have not received a response to our May 25, 1990, request to review the wetlands in field. A copy of same is enclosed for your convenience. If there is a problem with this application of which we are not aware, please let us know. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Lathara, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMOPOklqDUM TO: FROM: DATE: RE: PLANNING BOARD OFFICE TOWN OF SOUTHOLD John Holzapfel, Chairman Conservation Advisory Committee Bennett Orlowski, Jr. Chairman May 25, 1990 Proposed Subdivision for Barbara B. Dow SCTM~ 1000-17-2-6 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Roa, P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 In conformance with the new procedure that the Planning Board forward all referrals to the C.A.C. rather than the Trustees, we are sending you the above mentioned subdivision map for review. This map has not received any approvals at this stage. Please indicate whether you agree with the applicant's delineation of the wetland as shown on the enclosed map. Thank you in advance for your assistance. cc: John M. Bredemeyer III, President Board of Trustees SOHELWBER6, SGKN~,PS, DE PETRIS & DE PET.S ~TTORNEYS AT LAW 1U~oN ~QU~OOUE, NEW Yon 11981 May 30, 1990 Town of Southold Planning Board Main Road P.O. Box 1179 Southold, New York 11971 Att: Melissa Re: Subdivision - Barbara Dow SCTM ~1000-17-2-6 LMG:lc enc. Dear Melissa: Enclosed please find amended page 2 to the Environmental Assessment Form which has been amended to correctly reflect the wetlands area as shown on the survey. Thank you for your attention to this matter. yr~truly ~ours, ~...,.T 1--PROJECT INFO~TIOe Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant eff~ on the environment. Please complete' the entire form, Parts A through E. Answers to these questions will be consider as part of the application for approval and may be subject to further verification and public review. Provide any additioi information you believe will be needed to complete Parts 2 and 3. ' It is expected that completion of the full EAF will be dependent on information currently available and will not invol new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spec each instance. NAME OF ACTION M~n,~- ~u~v~m~n for Barbara B, Dow LOCATION OF ACTION (Include Street Address, Munlclpallly and County) O'~"i~,ni' , ~F'Fnl k Cn~qty NAME OF APPLI~ANT/SPONSON ADDRESS CITY/PO P n P~'~ 5ctq NAME OF OWNER (If different) ADDRESS BUSINESS TELEPHONE I STATE ZiP C6DE BUSINESS TELEPHONE ( ) CITY/PO DESCRIPTION OF ACTION STATE I ZiP CODE 2 lot minor subdivision Please Complete Each Queslion--lndlcate N.A. il not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: DUrban 1-11ndustrial F"lCommercial :[]Residential (suburban) C]Rural (non-fan I-IForest I-IAgriculture DOther 2. Total acreage of project area: ~, qq acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 4 ~'/_ acres 3.5 ¥/-' acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Fresh'rater or tidal as per Articles 24. 25 of ECL) 1/';~ +/- acres 112 +/- acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads. buildings and other paved surfaces 1 acres 1.5 acres Other (Indicate type), acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: DWell drained % of site ~]Moderately well drained _.~ % of site DPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified withi~iL~r~up I through 4 of the N'~ Land Classification System? N/A acres. (See 1 NYCRR 370). "' 4. Are there bedrock outcroppings on project site? r-lYes ~;]No a. What is depth to bedrock? (in feet) 2 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: John Holzapfel, Chairman Conservation Advisory Committee FROM: Bennett Orlowski, Jr. ~/., Chairman DATE: May 25, 1990 RE: Proposed Subdivision for Barbara B. Dow SCTM# 1000-17-2-6 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Roa~ P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 In conformance with the new procedure that the Planning Board forward all referrals to the C.A.C. rather than the Trustees, we are sending you the above mentioned subdivision map for review. This map has not received any approvals at this stage. Please indicate whether you agree with the applicant's delineation of the wetland as shown on the enclosed map. Thank you in advance for your assistance. cc: John M. Bredemeyer III, President Board of Trustees -16-2'(2/87)--7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM , ~ r=, SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable, it is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. ' The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, '/et flexible to allow introduction of information to fit a project or action. , Eull EAE Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually irflportant. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for Ibis project: [] Part I [] Part 2 [-IPa,;t 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact{s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaralion will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a posillve declaration will be prepared. * A Conditioned Negative D~claration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) Date PART i--PROJECT 7vFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a sigmlh: on the environment. Please complete the entire form, Parts A through E. Answers to tbese questions will be as part of the application for approval and may be subject to further verification and public review Provide any information you believe will be needed to complete Parts 2 and ] It is expected that completion of the full EAF will be dependent on information currently available and will new studies, research or investigation. If information requiring such additional work is unavailable, so indicate each instance. ~,/n ~c.h,.~inln~r'g. Schneps. De Petrie L De Petrie CITY/PO p n P,,~' 599 NAME OF OWNER (It different) Rivorhoad EUSINESS TELEPHONE J N,~ I ~90t ] BUSINESS~TELEPHONE ADDRESS CITY/PO 'l STATE ~ Z!P COD~ DESCRIPTION OF ACTION 2 lot minor subdivision Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: F1Urban I-Ilndustrial []Commercial J~Residential [suburban) [~Rural (non.fa, F-IForest r-JAgriculture E]Other 2. Total acreage of project area: 4 qq acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPt. ETION Meadow or Brushland [Non-agricultural) -- 4 acres ___~,~L___~_... ac~e~ Forested acres ............... acres Agricultural (Includes orchards, cropland, pasture, etc.) acres .......... acres Wetland [Fresh'rater or tidal as per Articles 24, 25 of ECL) acres .............. acres Water Surface Area acres ............. ~(,~s Unvegetated [Rock, earth or fill) acres ................. acres Roads, buildings and other paved surfaces 1 acres .... ~.5 .... ~ures Other (Indicate type), acres ............... acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ti)Well drained % of ~ite J~Moderately well drained. ]_00_ % of sqe FIpooriy drained % of site b. If any agricultural land is involved, bow many acres of soil are classified within soil group 1 ti~rough 4 of the h Land Classification System? N/A acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? F'lyes J~3No a. What is depth to bedrock? {in feet) 5. Alpproximate percentage of proposed prol ire with slopes: f-10-10% % I-i10-15% % ~]15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National ' Registers of Historic Places? E3Yes I~''. Is project substantially contiguous to a site:listed on the Register of National Natural Landmarks;' i-lYes ~qo 8. What is the depth of the water table?50+/.--- (in feet) 9. Is site located over a primary, principal, ~r sole source aquifer? r-lyes E~:No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ~Yes [~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? F'iYes [~No According to Identify each species 12. Are there any unique or unusuat land forms on the project site? (i.e., cliffs, dunes, other geological formations) C]Yes [Z~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ['-lyes I'~lNo If yes, explain 14. Does the present site include.scenic views known to be important to the community? E]Yes [~:No 15. Streams within or contiguous to project area: N,/A Nn a. Name of Stream and r~ame of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name Long Island Sound b. Size (In acres) 17. Is the site served by existing public utilities? [~Yes E]No ~ a) If Yes, does sufficient capacity exist to allow connection? F~Yes 1"3No b) If Yes, will improvements be necessary to allow connection? ~lYes I-INo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ~Yes ~]No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 E~Yes I~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? f-lyes ;{~]No B. Project Description 1. Physical dimensions and scale of project [fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 4.99 b. Project acreage to be developed: ]/2 acres initially; c. Project acreage to remain undeveloped 3.5 acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing - g. Maximum vehicular trips generated per hour h. If residentiah Number and type of housing units: One Family Two Family Initially 1 Ultimately 1 i. Dimensions [in feet) of largest proposed structure 3,~' height; j. Linear feet of frontage along a public thoroughfare project will occupy is? acres, acres ultimately. ; proposed 2 . (upo0 completion of project)? Multiple Family Condominium 40 width; 60 length. 1 faro. hot N/A ft. 3. Will disturbed areas be reclaimed? [DYes [DNo a. If yes, for what intendud purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? I-lyes fi]No c. Will upper subsoil be stockpiled for reclamation? C]Yes L-]No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? .... ]/2 acres 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? E3Yes F;INo 6. If single phase project: Anticipated period of construction 12 7. If multi-phased: a. Total number of phases anticipated N/A (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? [:]Yes [SJNo 9. Number of jobs generated: during construction 4 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? months, (including demolition). month year, (including demolitioui month year, fi]Yes fi]No ; after project is complete - [DYes E~No If ,/es, explain 12. Is surface liquid waste disposal involved~ [DYes [3nNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent wilt be discharged 13. Is subsurface liquid was. re disposal involved? [DYes [~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain fi]Yes ~No 15. Is project or any portion of project located in a 100 year flood plain? fi]Yes 16. Will the project generate solid waste? [DYes E~o a. If yes, what is the amoun~ per month tons b. If yes, will an existing solid waste facility be used? [DYes fi]No c~ If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain ~No fi]No 17. Will the project involve the disposal of solid waste? [:]Yes J~]No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what ii the anticipated site life? years. 18. Will project use herbicides or pesticides? [DYes I~No 19. Will project routinely produce odors (more than one hour per day)? fi]Yes 20. Will project produce operating noise exceeding the local ambient noise levels? []Yes 21. Will project result in an increase in energy use? [~Yes tf yes , indicate type(s) 1 family residence c:l~elling use 22. If water supply is from wells, in~Jicate pumping capacity 8 gallons/minute. 23. Total anticipated water usage per day 200 gallons/day. 24. Does project involve Local, State or Federal funding? [:]Yes [~No If Yes, explain [z~No 25. Approvals Required: City, Town, Village Board []Yes :[~No City, Town, Village Planning Board :E~Yes I-INo City, Town Zoning Board i-lyes ~]No City, County Health Department ~]Yes f-INo Other Local Agencies [:]Yes J~3No Other Regional Agencies ~]Yes []No State Agencies []Yes ~No Federal Agencies fl-lYes ~]No C. Zoning and Planning Information Submiltal Type Date subdivision pending subdivision & building permit Suffolk Co. Planninq Con]n. I. Does proposed action involve a planning or zoning decision? xE3Yes I-'lNo If Yes, indicate decision required: []zoning amendment []zoning variance []:]special use permit ][]subdivision []site plan ~lnew/revision of master plan [:]resource management plan I-Iother .2. What is the zoning classification(s)of the site? R-40 3.. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 2 lots 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 2 lots 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [:~'Yes 7. What are the predominant land use(s) and zoning classifications within a ',4 mile radius of proposed action? [Z]No 8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile? [:~Yes []No 9. If the proposed action is the subdivision of land, how many lots are proposed? 2 a. What is the minimum lot size proposed? 2 acres 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ~Yes ~No 11. Will the proposed action create a demand ~or any community provided services (recreation, education, police, fire protect on)? ~Yes ~No a. If yes, is existing capacity sufficient to handle projected demand? ~Yes ~No 12. Will the proposed action result in the generation of traffic significantly above present levels? ~Yes ~No a. If yes, is the existing road network adequate to handle the additional traffic~ ~Yes ~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there arc, may be ~ny adverse impacts associated with your proposal, please discuss such impacts and the measures which you propoSe'to mitigate or avoid them. E. Verification I certify that the in~ormat~o~ provided above is true to the best of my knowledge. Applicant/Sponsor Name ~ ~r~ ~w If the action is in the Coastal Area, and you are a state agency, complete Ihe Coaslal Assessment Form before proceeding with this assessment. 5 ~,nj ' ""/ C-S ', ................. ' General Information (Read Carefully} · In completing the form the fevie,~e- sh2uId be gaid~ci [,~ the c~es~o ~ w:; ~ ~ c,:~R ~ and determm~Uons Ueu reasonah[e~ The reviewer i~ not ~xpected to be ;~ txpert e~ ~c~m'enta[ ~n,~ r · Identifying that an im~actwilI be potentially ar~e~cc4amn 2) does ro~ ~e~ dh~ ~t ~,~,~ ~necessariiy significant. Any large impact mus~ he eva[ua4ed m ,~ARF 3 o deb~'mim: ~gnitica~c~ II~t{~t ~ .~pact in column 2 sm~p]~ asks tha~ it be looked at further. · The Examples provided are to assist the ~eviewer bV¢~o~ingt~ges o(im~acs ar,~ ~'~Ne,,'e possibiethethreshotd v magnitude that would trigger a response in column 2. TI~e examples ~re ~euendl~ a~ ~ caid~ throughout the State am for most situations. But, for any specific project ;r site other examp es ~nc/,~t k,w~ thresholds may be appropria~ for a Potential Large Impact response, thus requiring evaluation in Pat ~ · The impacts of each project, on each ~ite, in each Iocalky, will ~aW. ~eretore, the ~mples are illustrative am have Been offered as guidance, They do not consbtute an exhaustive list c4 impacts and :h~eshcJds to answe~ each question · The number of examples per question does not indicate the ~mpo~tance of each questior · In identifying impacts, consider long term, short term and cumlative effecB Instructions {Read carefully} a. Answer each of the ~9 questions M PART 2. Answer Yes if there wih Be any impact b. Maybe answer~ should be considered as Yes answers. c. If answering Yes to a question then check the appropriate Box (column Ioc 2) to indicate the potential size of th impa~t. If impact threshold equals or exceeds any example provided, check column 2 If h~pact wi]I occur hut threshol b lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially Iarge and proceed to PART: e. If a potentially large impact checked in column 2 can be mitigated By change(s} in the prolect to a small to moderat impact, also check the Yes box in column 3. A No response indicates tha~ such a ~educdon is not possible Tb must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? E3NO E3YES Examples that would appl~y to cblumn 2 · Any construction on slopes'of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for !,000 or more vehicles. · Construction on land where bedrock is exposed or 8eneraUy within 3 feet of existing ground surface. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfilE · Construction in a designated floodway. · Other impacts 1 Small to Moderate Impact [] Il 2. Will there be an effect t(....,y urhque or unusual land forms fc Jnd on / the site? (i.e., cliffs, dunes, geological formations, etc )I-INO E]YE S · Specific land forms: [] 6 2 3 Potential Can Impact Bc Large Mitigated By impact Project Changt []Yes E] L~Yes 'UNo [) LIYe~ LJNo i] I]Yes ElY,s []Yes []Yes C]No []Yes []Yes {]No I 2 3 Small to Potential Can Impac Moderate Large Mitigated Impact Impact Project Chi [] [] []Yes [- [] [] []Yes [] [] OYes F [] [] E]Yes i- [] [] E~Yes F [] [] OYes. [] [] []Yes [] [:] []Yes [] [] [] []Yes [] [] [] []Yes [] [] [] []Yes [] [] [] []Yes [] [] [] []Yes [] [] [] []Yes [] [] []Yes [] [] []Yes [] [] []Yes [] [] ~¥es []I [] [] []Yes []~ 4. Will proposed action affect any non-protected existing or new body of water? •NO OYES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre inci;ease or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? ON• E]YES Examples that would apply to column 2 · Proposed Action wilt require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action, · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of waC. er to the exte;~,t that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: L 6. Will proposed action after drainage flow or patterns, or surface water runoff? ONO OYES Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 D O O 0 0 0 0 0 0 D 0 0 IMPACT ON WATER B 3. Will proposed action affect any water body designated as protected? By ~ (Under Articles 15, 24, 25 of the Environmer~tal Conservation Law, ECL) IQ BNO OYES Examples that would apply to column 2 · Developable area of site contains a protracted water body. []NE · Dredging more than 100 cubic yards of material from channel o( a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. ' Other impacts: ~]Nr · Proposed Action may cause substantial erosion. ~ · Proposed Action is incompatible with existing drainage patterns · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? ONO []YES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than 1 ton of (efuse per hour. : Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. = Proposed action will allow an increase in the amount of land committed to industrial use. : Proposed action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: IMPACT ON PLANTS AND ANIMALS Will Proposed Action affect any threatened or endangered species? ONO OYES Examples th~at would apply to column 2 Reduction of one or more species listed on the New York or FederaJ list, using the site, over or near site or found on the site. Removal of any portion of a critical, or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: Will Proposed Action substantially affect non-threatened or non-endangered species? ONO F1yEs . Examples that would apply fo column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES ) Will the Proposed Action affect agricultural land resources? ONO []YES Examples that would apply to column 2 The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc,) 8 Small to Moderate Impact E] [] E] [] [] [] [] [] La~ge Mit~a,ed Impact Prolecl C;har ~ [~Yes ~No ~ ~]Yes ~No ~ [-]Yes []No E] [~Yes ~No ~Yes ~Yes ~No ~ ~Yes ~No ~Yes ~Yes ~Yes [~]No ~No !~No · Construction activity would excavate or compact the soil profile of agricultural land, · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management s~stems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCEs 11. Will propOsed action affect aesthetic resources~ I-IN0 r-lyES [If necessary, use the Visual EAF Addendum in Section 617.21, Appendix Examples that would apply to column 2 · Proposed land uses, or proiect components obviously difl~erent frorr or in sharp contrast to current surrodnding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enioyment of the aesthetic qualities of that resource. · Project components that win result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONe I-lyES Examples that would apply to column 2 · Proposed Action occurring wholly or partiaUy within or substantially contiguous to any facility or site listed on the State or National Register of historic places, · Any impact to an archaeological site or fossil bed located within tile project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action ai~fect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 _ · E]NO [:]YES The permanent foreclosure el~ a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: 1 Small to Moderate Impact [3 [] [] 0 [] [] [] [3 [] 2 Potential Large Impact [3 [] [] [] [3 [] [3 [3 [] [3 3 I Can Impact Be I Mitigated By JProject Change []Yes I-]No []Yes I-INo OYes I-]No []Yes E~No [3Yes [~]No [3Yes ONo ~]Yes [~No [~Yes L-]No OYes [3No ISh;es [3No ~]Yes E~No IS]Yes ' [3No []Yes E~No [3Yes []No [3Yes ON• IMPACT Or, £RANSPORTATION 14, Will there be an etfect to existing transportation systems~' C]NO C1YES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? 1-1NO []YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? I~NO [qYES Examples that would apply to column 2 · 8lasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day) · Proposed Action wil] produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. ' Other impacts: IMPACT ON PUBLIC HEALTH 7. Will Proposed Action affect public health and safety? ONe [YES Examples that would apply to column 2 Proposed Action may cause a risk of explosion or retease of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc3 Storage facilities for one million or more gallons of liquffied natural gas or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal el solid or hazardous Other impacts: 10 Small to Moderate ImFact [] £] Pore )tiai Can im ~act lie La ~e Mitiga,ed g,, h'nt act Project '3f an ]e ~- [7]Ye~ [~]Yes ~]No F_~Yes Yes Yes ~Yes E] [TJ Yes ~]Yes [__]Yes [~Yes [~ No I_]No ~No K-]No ~No f3No [~No [~N0 ~ IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (~ .18. Will proposed action affect the character of the existing community~ [:]NO F-lYES Examples that would apply to column 2: · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operatin§ services will increase by more than'5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future proiects. · Proposed Action will create or eliminate employment. · Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] F-lYes [-1No [] [] DYes ~No [] [] DYes •No [] [] DYes •No [] [] DYes •No [] [] []Yes [~]No [] [] I-lYes ~lNo [] [] []Yes []No ' [] [] []Yes . I--INo 19. Is there, or is there likely to be, public crontro.versy related to potential adverse environmental impacts~ I-INo I-lYES C If Any Action in Part 2 Is Identified as a Potential Large Impact or , If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 _£ Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibilily of Lead Agency Part 3 must be prepared if one or more impacl(s) is considered to be potentially large, even if Ihe impacl(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project changeCs). .3. Based on the information available, decide if it is reasonable to conclude that this impact is imporlant. To answer the question of importance, consider: · The probability of the inlpact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will he controlled · The regional consequence of the bnpact · Its potential divergence from local needs and goals · Whether known objections, to the project relate to this impact. (Continue on attachmentsJ 11 ~4.~4.. ,: sT)-gc t517.2 ! SEQR "" Appendix B Slate Environmental Quality Review Visual EAF Addendum This form may be used to provide additional lnformati(Jn relating to Question 1 1 of Part 2 of the Full EAF. (To be completed by Lead Agency) Visibility 1. Would the project be visible from: · A parcel of land which is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An overlook or parcel of land dedicated to public observation, enjoyment and appreciation of natural or man-made scenic qualities? · A site or structure listed on the Hational or State Registers of Historic Places? · State Parks? · The State Forest Preserve? · Hational Wildlife ,Refuges and state game refuges? · Hational Hatural Landmarks and other outstanding natural features? · Hational Park Service lands? · Rivers designated as Hational or State Wild, Scenic or Recreational? · Any transportation ~:orridor of high exposure, such as part of the Interstate System, or Amtrak? · A governmentally established or designated interstate or inter-county foot trail, or one formally proposed for establishment or designation? · A site, area, lake, reservoir or highway designated as scenic? Distance Between Project and Resource {in Miles) 0-t~ V4-Vz V2-3 3-5 5+ [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] · t~unicipal park, or designated open space? · County road? · State? · Local road? Fl [] [] [] 'Fl 2. Is the visibility of tile project seasonal? (i.e., screen'ed by summer foliage, but visible during other seasons) []Yes OMo 3. Are any of the resources checked in question I used by the public during the time of year during which the project will be visible? OYes OHo DESCRIPTION OF EXISTING VISUAL ENVIRONMEFtT 4. From each item checked in question 1, check those which generally environment. describe the su[[oun(img Within *V~ mile ~ I mile Essentially undeveloped [] Forested Agricultural Suburban residential Industrial Commercial Urban River, Lake, Pond [] " Cliffs, Overlooks Designated Open Space Hilly r~ ['7 Mountainous ~-~ Other NOTE: add attachments as needed 5. Are there visually similar projects within: *l/~ mile ['-]Yes [THo *l miles E]Yes I-~No *2 miles []Yes [~No *3 miles E]Yes []Ho * Distance from project site are provided [or assistance. Substitute other distances as appropriate,i EXPOSURE 6. The annual number bf viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is Activity Travel to and from work Involved In recreational activities Routine travel by residents At a residence At worksite Other FREQUENCY Holidays/ Daily Weekly Weekends Seasonally [] [] [] [] [] [] L-J [] [] [] [] [] EMiL F. DE PETRIS RICHARD e. DE PETRIS JANET GEA~A SCHEINBERD, S~HNEP$, DE PE~P. xs & DE PE~s ~TTOHEYS AT LAW 1 UNXON SQu~ AQU~O~UE, NEw VonK 11931 February 22, 1990 Town of Southold Planning Board Office Town Hall, 3095 Main Road P. O. Box 1179 Southold, New York 11971 Re: Proposed Subdivision for Barbara Dow SCTM~ 1000-17-2-6 Dear Sirs: Some time ago we forwarded a letter to you inquiring as to what your position would be in the event we attempted to divide Mrs. Dow's property in another form. A copy of that letter is enclosed for your information. Your answer and our response to it are also enclosed. We have received no additional information to date, and would appreciate hearing from you at your earliest convenience. Thank you for your attention. LMG:ey ly yours, Lyn~~ cc.: Mrs. Barbara Dow November 30, 1989 Town of Southold Planning Board office Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Yor~ 11971 Att: Mr. Bennett Orlowski, Jr. Re: Proposed Subdivision for Barbara Dow SCTM# 1000-17-2-6 Dear Mr. Orlowski: We are in receipt of your letter of November 27, 1989, regarding Dow. Would you be kind enough to advise us as to what area you envision No. 2 relating to, that is: "contours to be shown at two foot intervals". If you are interested only in the parcel to be subdivided from the remainder, we will advise our client that we suggest this is acceptable and we should pursue this course of action. Of course, we will be unable to provide you with Health Department approvals for at least three months, since the waiting time is significant. Please also be advised that our client has not necessarily chosen not to file a draft impact statement at this point in time, but we ars considering alternate methods as the cost of the environmental impact statement is essentially equivalent to that of a major subdivision, even though we are dealing with a two lot sub- division, involving many acres. LMG:ey Very Lynr e M. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 27, 1989 Lynne M. Gordon Scheinberg, Schneps, De Petris 1 Union Square Aquebogue, New York 11931 & De Petris RE: Proposed Subdivision for Barbara Dow SCTM# 1000-17-2-6 Dear Ms. Gordon: Enclosed please find a copy of the bill for the scoping session, which you attended on behalf of your client,. Although your client has chosen not to file a draft impact statement; the fee for the scoping session remains outstanding. Prompt payment of this bill for $250.00 would be appreciated. The Planning Board is reviewing your submission of October 17, 1989, which locates a proposed building envelope. Before the Board can proceed with their review, the following additional information is requested. Ail wells and cesspools for the surrounding lots must be shown on the map. 2. Contours must be shown at two foot intervals. The Board is concerned that the applicant will be unable to obtain Health Department approval for the proposed lot. The Board requests that maps with Health Department approval be submitted. Please submit the above mentioned items. Upon receipt of maps with Health Department approval, the Board will review the revised maps with the Planning consultant to determine if the information is sufficient, and if the Positive Declaration should be amended. Enclosed please find a summary of the scoping session for your records. Please contact this office if you have any questions regarding the above. r~r' trul Bennett Orlowskl, Chairman enc. cc: Tom Cramer, Environmental Consultant Barbara Dow, Applicant SOHEINBEt~G, SO}{NEPS, DE PET1RIS ATTORNEYS AT LAW 1 UNION October 17, 1989 Town of Southold Planning Department 53095 Main Road P. O. Box 1179 Southold, New York 11971 Re: Barbara Dow SCTM #1000-17L2-6 Dear Sirs: We are the attorneys for Barbara Dow. Mrs. Dow currently has pend- ing before you an application for a two lot minor subdivision which received a positive declaration. A scoping session was held on June 12, 1989, and at that time Tom Cramer determined that, in essence, the DEIS was to be a full document with emphasis on topog- raphy, wetlands impact, drainage and archeological information. Also required was a two foot contour interval map. As you would surmise, the estimates we have received for the fore- going are in excess of $5,000.00. While this sum might be accept- able for a major subdivision, our client wishes only to divide off a two acre parcel for the future use of her grandchild. We have, therefore, requested Colin Van Tuyl to locate a building envelope on an area of the land which is flatter and more removed from the slope area of the property, thus minimizing the drainage and wetlands impacts. Some additional information regarding the "01d Burying Ground" has also been obtained so that hopefully the need for archeological information can also be dispensed with. We request, therefore, based on the building envelope shown on the Van Tuyl survey enclosed, an additional meeting with the environ- mental consultant to the Town, or yourselves, to reconsider the positive declaration, or if this is not possible, a second scoping session with Mr. Cramer. Town of Southold October 17, 1989 Page Two Enclosed for your information is the subdivision map shown with building envelope located southwest of the right of way. The solid line assumes the south line as the front yard, with a 60 foot setback and a 20 foot side yard along the Stern property. The rear yard would be Long Island Sound, although arbitrarily a 25 foot setback is shown from the right of way. The dotted line would result from treating the property as a "corner lot" with 60 foot front yard setbacks from the right of way and the south line. If we can provide you with any additional information, we will be pleased to do so. Thank you in advance for your courtesy in connection with this matter. LMG:mts Enclosure Very truly yours, SOI-IEIN]~ER6, SOHNEPS, DE PE~{IS & DE PETerS 1 UmXON SQU~E Southold Planning Board Town Hail, 53095 Main Road P. O. Box 1179 Southold, New York 11971 December 21, 1989 App.,OVAL Att: Mr. Bennett Orlowski, Jr. Re: Proposed Subdivision for Barbara Dow SCTM~ 1000-17-2-6 Dear Mr. Orlowski: As requested in your letter pleased find check of Barbara sum of $250.00, payable to the fee for the scoping session. dated November 27, 1989, enclosed Dow dated December 13, 1989, in the Town of Southold, representing the LMG:ey Enc. ~tyn ~ Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 27, 1989 Lynne M. Gordon Scheinberg, Schneps, De Petris 1 Union Square Aquebogue, New York 11931 & De Petris RE: Proposed Subdivision for Barbara Dow SCTM# 1009-17-2-6 Dear Ms. Gordon: Enclosed please find a copy of the bill for the scoping session, which you attended on behalf of your client. Although your client has chosen not to file a draft impact statement; the fee for the scoping session remains outstanding. Prompt payment of this bill for $250.00 would be appreciated. The Planning Board is reviewing your submission of October 17, 1989, which locates a proposed building envelope. Before the Board can proceed with their review, the following additional information is requested. All wells and cesspools for the surrounding lots must be shown on the map. 2. Contours must be shown at two foot intervals. The Board is concerned that the applicant will be unable to obtain Health Department approval for the proposed lot. The Board requests that maps with Health Department approval be submitted. Please submit the above mentioned items. Upon receipt of maps with Health Department approval, the Board will review the revised maps with the Planning consultant to determine if the information is sufficient, and if the Positive Declaration should be amended. Enclosed please find a summary of the scoping session for your records. Please contact this office if you have any questions regarding the above. ry trul y , Chairman enc. cc: Tom Cramer, Environmental Consultant Barbara Dow, Applicant MILLER i~ACrr. ~ YORK ] ~76a, ~tr. ~ennett Orlowski, Jr. Southold Town Planning Board Town P~a11, 53095 Main Road P.O. Box 1179 Sou~hold, New York 11971 '- ~'~F~u~ ~et 30 days STATEMENT $ 250.00 6-23-89 #601 Re: ~arbara Dow @ Orient Scoping of EIS. CtL~MER, VOORHtS & ASSOCIAI'~S BALANCE FORWARD ~' . $250.00 250.00 EMIL F. DE I~ETRiS RICHARD £. DE PETRI5 JANET G£A~A S~I-IEINBEI{~, S~I{NEP$, DE P~ms & D~ P~ms 1 U~ON Sq~A-~E AqU~B0(}~E, NEW YORK 11981 October 17, 1989 Town of Southold Planning Department 53095 Main Road P. O. Box 1179 Southold, New York 11971 Re: Barbara Dow SCTM #1000-17-2-6 Dear Sirs: We are the attorneys for Barbara Dow. Mrs. Dow currently has pend- ing before you an application for a two lot minor subdivision which received a positive declaration. A scoping session was held on June 12, 1989, and at that time Tom Cramer determined that, in essence, the DEIS was to be a full document with emphasis on topog- raphy, wetlands impact, drainage and archeological information. Also required was a two foot contour interval map. As you would surmise, the estimates we have received for the fore- going are in excess of $5,000.00. While this sum might be accept- able for a major subdivision, our client wishes only to divide off a two acre parcel for the future use of her grandchild. We have, therefore, requested Colin Van Tuyl to locate a building envelope on an area of the land which is flatter and more removed from the slope area of the property, thus minimizing the drainage and wetlands impacts. Some additional information regarding the "Old Burying Ground" has also been obtained so that hopefully the need for archeological information can also be dispensed with. We request, therefore, based on the building envelope shown on the Van Tuyl survey enclosed, an additional meeting with the environ- mental consultant to the Town, or yourselves, to reconsider the positive declaration, or if this is not possible, a second scoping session with Mr. Cramer. Town of $outhold October 17, 1989 Page Two Enclosed for your information is the subdivision map shown with building envelope located southwest of the right of way. The solid line assumes the south line as the front yard, with a 60 foot setback and a 20 foot side yard along the Stern property. The rear yard would be Long Island Sound, although arbitrarily a 25 foot setback is shown from the right of way. The dotted line would result from treating the property as a "corner lot" with 60 foot front yard setbacks from the right of way and the south line. If we can provide you with any additional information, we will be pleased to do so. Thank you in advance for your courtesy in connection with this matter. LMG:mts Enclosure Very truly yours, CRAMER, V _CJ~RH~, ¢~' .~,.0~ ENVIRONMENT~~G CONSULTANTS June 14, 1989 To: From: Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold Town Mall, 83095 Main Road A -- 9,~ JUN I 5 $outho~d, New ¥o~k 11 ~U~ SOUTHOEi) Thom?s W. Cramer, ~ PLANNING Scopxng Meetin~ for \ DEI$ Barbara Dow @ Orient~ SCTM #I000-17-g-6 Dear Benny: The following is a summary of the scoping meeting which was held on June 12, 1989 at the Southold Town Hall, for the above referenced action. The scoping of the Draft Environmental Impact Statement (DEIS), which was conducted, is consistent with the rules and regulations contained within the State Environmental Quality Review Act (SEQR) Part 617.7. Those present at the meeting were: Kenneth C. Coenen Thomas W. Cramer, ASLA Barbara B. Dow Hampton-Manor Associates, Inc. (Gonsultant to Applicant) Cramer, Voorhis & Associates (Consultant to Lead Agency) Applicant Lynne M. Gordon, Esq. Attorney for Applicant Meliasa Spiro Planning Board Staff A detailed proposed outline of the relevant issues, which were agreed upon, to be included in the DEIS document is provided below. The scoping identifies the extent and quality of information needed, for the preparer to properly ,'54 NORIH COUNTRY ROAD, MILLER PLACE, NY 11764 (516)331-]455 Ding Outline Dow - Subdivision addresa each concern and to fulfill the requirements of SEQR. After you and the Board has had an opportunity to review same, and if you have no changes or additions, a copy should be forwarded to the applicant. If there are any questions or concerns the Board may have please feel free to contact this office. Proposed Scope of the DRAFT ENVIRONMENTAL IMPACT STATEMENT for the ~O~W SUBDIVISION Orient, New York !_~. C__OVER Type of statement (ie, Draft) Name or other descriptive title of the project Location (county and town, village or city) of the project Name and address of the lead agency which required preparation of the statement and the name and telephone number of a person at the agency to be contacted for further information Name and address of the preparers of any portion of the statement and a contact name and telephone number Date of acceptance of the Draft EIS In the case of a Draft EIS, the deadline date by which comments are due should be indicated II, TABLE OF CONTENTS AND SUMMARY A table of contents and a brief summary are required for Draft ElS over ten (10) pages, The summary should A. B. include: Brief description of the action Significant, beneficial and adverse impacts, ,[issues of controversy must be specified) Mitigation measures proposed Alternative considered Matters to be decided (permits, approvals~ funding) CRAMER, VC~DRH{~ ~.?~$OCIATES E .~lVIRO N M E N T~ ~t~N G- :-'.- ,~ CONSULTANTS Page 2 of 10 Sc~ing Outline Dow - Subdivision III. DESCRIPTION OP THE PROPOSED ACTIO_~N PROJECT PURPOSE, NEED AND BENEFITS I. Background and history - ownership history of project site within past 10-15 years, 2. Objectives of the project sponsor LOCATION 1, Establish geographic boundaries of the project (use of local scale maps is recommended) 2. Description of access to site 3. Description of existing zoning of proposed site DESIGN AND LAYOUT 1. Total ~ite area a) proposed impervious surface areas (roofs, parking area, driveway, decks, etc.; estimated values are appropriate) b) amount of land to be cleared c) open ~pace (to remain natural & undisturbed) 2. Structures a) layout of building(s) (attached, enclosed, separate; concepts and/or building envelops are appropriate, however, must be in sufficient detail to allow for analysis and assessment) b) site plan and profile view, cross sections are also suggested. c) stormwater drainage & sanitary plans 3. Other: ss appropriate. CONSTRUCTION 1. Construction a) total constrtlction period anticipated b) schedule of construction c) ftlture potential development~ on site d) erosion control during construction APPROVALS 1, Required variances to the zoning regulations (if necessary) 2. Other permit approvals CRAMER, VC~ m Ht~.'.A~SOCiATES ENVIRONM~[NTAL A~[~'~IN~ CONSULTANTS Page 3 of 10 fUH 15 'S9 ~6:25 E R A ~F'06 $col~ng Outline Dow - Subdivision IV. ENVIrONmenTAL SETTINO OEOLO6Y (detailed discussion necessary) 1. Surface a) List of soil types b) discussion of soil characteristics examples: - physical properties (indication of soils hydrological capabilities) - engineering properties (soil bearing capacity) - erosion potential c) distribution of soil types at site d) suitability for use examples: - recreation - construction - landscaping 2. Topography a) description of topography at site examples: - slopes (see 'A2d' below) - prominent or unique features b) description of topography of surrounding areas c) topographic survey of site lot #2 is sufficient) survey must include: - USGS datum - 2 foot contour intervals - appropriate scale (1"=20'-0'' is suggested) d) slope analysis (graphic) e) project project (proposed - 0-5%, §-10%, 10-20% & >20% is appropriate description of existing drainage areas, patterns, swales and channels WATER RESOURCES (brief discussion) 1. Groundwater a) location and description of aquifers and recharge ares examples: - depth of water table - flow b) identification of present uses and level of use of groundwater CRAMER, V~l'~:~, ~;SOClATES E NY IRON M E N T~J~..gJ~ ~ G CONSULTANTS Page 4 of 10 ScoPeS Outline Dow - Subdivision examples: location Surface water a) Long Island b) wetlands of existing wells Sound C j TERRESTRIAL AND AQUATIC ECOLOGY 1. Vegetation (sufficiently detailed discussion) a) list vegetation types on the project site and within the surrounding area b) discussion of site vegetation characteristics examples: - species presence and abundance - age size (location of specimens over 20") - dominance - community types - unique, rare and endangered species - value as habitat for wildlife - productivity Wildlife (general discussion) a) list of wildlife species on the project site and within surrounding b) discussion of wildlife population characteristics examples: - species presence and abundance - distribution - dominance - unique, rare and endangered species - productivity Wetlands (sufficiently detailed discussion) a) list wetland areas within or contiguous to the project site exact location & extent should be mapped b) discuss wetland characteristics examples: acreage - vegetative cover classification CRAMER, V(~bRH~;~ &,,;~SOCIATES E N V I RO N M I:: N '~, ,~.A3'~ ~:,'~ G CONSULTANI'S Page § of 1.0 FO;z; Scoping Outline Dow - Subdivision benefits of wetlands D, LAND 1. USE AND ZONING (detailed discussion) Existing land use and zoning a) description of the existing land use of the project site and the surrounding area b) description of existing zoning of site and surrounding area c) description of the existing property ownership patterns (inclusion of the $CTM is appropriate) Land use plans a) description of any land use plans or master plans which include project site and murrounding area b) discussion of future development trends or pressures CULTURAL RESOURCES 1. Visual resources (brief discussion) a) description of the physical character of the community b) description of natural areas ~istoric and archaeological resources a) location and description of historic areas or structures listed on State or National Register or designated by the community, or included on Statewide Inventory b) site to be located on historic maps (copies to be included) significance discussed. examples (not limited to}: - Coast and Geodetic Map, 1838 Coast and Geodetic Map~ 1883 - USGS~ 1947 c) identificatioD of sites having potential significant archaeological valtte, field investigation necessary; irtclude results of cultural resource survey, if conducted SIGNIFICANT ENVIRON.MNL~~ Identify those aspects of the environmental ~etting ~RAME,,R, V~RH~ ~?,A$SOCIATES : NV IRON U E N T~,~ ~'.'; .,~t N G CONSULTANTS Page 6 of 10 Scoptg Outline Dow - Subdiviaion in Section IV that may be adversely or beneficially affected by the proposed action and require discussion. These are to include the following: A. GEOLOGY soils topography TERRESTRIAL AND AQUATIC ECOLO6Y vegetation - wetlands C, CULTURAL RESOURCES (as appropriate) MITIGATION MEASURES TO MINIMIZE ENVIRQ~__M~NTA~ IMPACT Describe measures to reduce or avoid potential adverse impacts identified in Section V. The following is a brief listing of typical measures used for some of the major areas of impact, GEOLOGY 1. Surface a) use topsoil stockpiled during construction for restoration and landscaping b) minimize disturbance of non- construction sites c) design and implement soil erosion control plan d) others as appropriate Topography a) avoid construction on areas or steep slope b) design adequate soil erosion devices to protect areas of steep slope c) design and location of structure(s) d) others as appropriate: WATER RESOURCES 1. Surface water a) ensure use of soil erosion control techniques during construction and operation to avoid siltation examples: -hay bales - vegetation of disturbed areas - landscaping - maintain permeable areas E N V I R ON M E N T~,&i~ 6(?¢~N'(~, IN G CONSULTANTS Page 7 of 10 Scoping Outline Dow - Subdivision b) c) d) design adequate stormwater control system avoid direct discharges to surface water resources others as appropriate: TERRESTRIAL AND AQUATIC ECOLOGY l0 Vegetation a) restrict clearing to only those areas necessary b) preserve part of site as a natural area c) after construction, landscape site with naturally occurring vegetation d) others as appropriate 2. Wildlife a) provide adequate habitat (shelter and food) for remaining wildlife species b) schedule construction to avoid sensitive periods of wildlife cycles c) others as appropriate: LAND 1. USE AND ZONING Existing land use and zoning a) design project to comply with existing land use plans b) design functional and visually appealing facility to set standard and/or conform to surrounding land use c) others as appropriate: CULTURAL RESOURCES 1. Visual resources a) design exterior of structure to physically blend with existing surroundings d) others as appropriate: 2. Historic and archaeological resources a) Prepare a plan~ including measures to mitigate impacts to historic/archaeological resources through data recovery, avoidance and/or restriction of project activities b) others as appropriate: CRAMER, R H] _ t $OCIATE $ fi NV IRON M F: N T:~..~A~_ ~:~ G CONSULTANTS Page 8 of 10 Sco~g Outline Dow - Subdivision VII. ADvERtS, ENVIRONMENTAL EFFECTS ~AT CANNOT BE ~VOIDED IF THE P~Q~ECT IS IMPLEMENTED Identify those adverse environmental effects is Section V that can be expected to occur regardless of the mitigation measures considered in Section vi. vii. ~kT~j~NATIVES This section contains categories of alternatives with examples. Discussion of each alternative should be at a level sufficient to permit a comparative assessment of costs, benefits and environmental risks for each alternative. It is not acceptable to make simple assertions that a particular alternative is or is not feasible. Identify those categories of alternatives which should be included in the EIS by placing a check in the box located to the left of the topic. ALTERNATIVE DESIGN AND TECHNOLOGIES 1. Site layout a) coverage and location of structures b) location of access routes~ parking and utility routes 2. Orientation a) compatibility with slope and drainage patterns b) site size and set back requirements 3. Technology a) pollution control equipment NO ACTION 1. Impacts of no action a) effect on private developers' need c) beneficial or adverse environmental impacts OTHERS AS APPROPRIATE: IRREVERSIBLE AND IRRETRIEVAB~,COMM~TMENT OF RESOURCES Identify those natural and human resources listed in Section IV that will be consumed, converted or made unavailable for future use. E NVi RON M E NT~_..¢4¢ D:i~,t,?3 CONgULTANT$ Page 9 of 10 Scop~g Outline Dow - Subdivision EFFECTS ON THE USE AND CONSERVATION OF EN~RG_~ RESOURCES Identity the energy sources to be used, anticipated levels of consumption and ways to reduce energy consumption, XI. APPENDICES Following i~ a list of materials typically used in support of the ElS, A. List of underlying studies, reports and information considered and relied on in preparing statement afencies, consulted List all federal, state, regional, or local organizations, consultants and private persons in preparing the statement Technical exhibits (if any) at a legible scale D. Relevant correspondence regarding the projects may be included. CRAMER, V~RH.~ ,,,~(~.'~,SOCIATh_.S ENVtRONM EN~)~NG CONSULTANTS Pa~e 10 of 10 Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 27, 1989 Lynne Gordon 1 Union Square Aquebogue, NY 11931 RE: Barbara Dow SCTM #1000-17-2-6 D~ar Ms. Gordon: As per phone conversation with Mae of your office, to date the Planning Board office has not received the Scoping Session fee of two hundred and fifty dollars. Also, enclosed please find the summary of the scoping session which was held on June 12, 1989 for your records. If you have any questions, please do not hesitate to contact this office. ;" Very truly yours, ~ ~E~ O~OWSKI, JR. C~I~ enc. jt CRAMER CONSULTANTS To: From: RE: June 14, Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 ///- Southold, New York 11971 Thomas W. Cramer,~ Scoping Meeting for DEIS Barbara Dow @ Orient SCTM #1000-17-2-6 1989 Dear Benny: The following :is a summary of the scoping meeting which was held on June 12, 1989 at the Southold Town Hall, for the above referenced action. The scoping of the Draft Environmental Impact Statement (DEIS), which was conducted, is consistent with the rules and regulations contained within the State Environmental Quality Review Act (SEQR) Part 617.7. Those present at the meeting were: Kenneth C, Coenen Hampton-Manor Associates, Inc. (Consultant to Applicant) Thomas W. Cramer, ASLA Cramer, Voorhis & Associates (Consultant to Lead Agency) Barbara B. Dow Applicant Lynne M. Gordon, Esq. Attorney for Applicant Melissa Spiro Planning Board Staff A detailed proposed outline of the relevant issues, which were agreed upon, to be included in the DEIS document is provided below. The scoping identifies the extent and quality of information needed, for the preparer to properly Page 1 of 10 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 Scopin§ Outline Dow - Subdivision address each concern and to fulfill the requirements of SEQR. After you and the Board has had an opportunity to review same, and if you have no changes or additions, a copy should be forwarded to the applicant. If there are any questions or concerns the Board may have please feel free to contact this office. Proposed Scope of the DRAFT ENVIRONMENTAL IMPACT STATEMENT for the DOW SUBDIVISION Orient, New York COVER SHEET At Type of statement (ie, Draft) Name or other descriptive title of the project Location (county and town, village or city) of the iproject Name and address of the lead agency which required preparation of the statement and the name and telephone number of a person at the agency to be contacted for further information Name and address of the preparers of any portion of the statement and a contact name and 'telephone number Date of acceptance of the Draft EIS In the case of a Draft EIS, the deadline date by which comments are due should be indicated II. TABLE OF CONTENTS AND SUMMARY A table of contents and a brief summary are required for Draft EIS over ten (10) pages. The summary should include: A. Brief description of the action B. Significant, beneficial and adverse impacts, (issues of controversy must be specified) C. Mitigation measures proposed D. Alternative considered E. Matters to be decided (permits, approvals, funding) Page 2 of 10 CRAMER S ENVIRONIV CONSULTANTS Scoping Outline Dow - Subdivision III. DESCRIPTION OF THE PROPOSED ACTION PROJECT PURPOSE, NEED AND BENEFITS 1. Background and history - ownership history of project site within past 10-15 years. 2. Objectives of the project sponsor LOCATION 1. Establish geographic boundaries of the project (use of local scale maps is recommended) 2. Description of access to site 3. Description of existing zoning of proposed site DESIGN AND LAYOUT 1. Total site area a) proposed impervious surface areas {roofs, parking area, driveway, decks, etc.; estimated values are appropriate) b) amount of land to be cleared c) open space (to remain natural & undisturbed) 2. Structures a) layout of building(s) (attached, enclosed, separate; concepts and/or building envelops are appropriate, however, must be in sufficient detail to allow for analysis and assessment) b) site plan and profile view, cross sections are also suggested. c) stormwater drainage & sanitary plans Other: as appropriate. CONSTRUCTION 1. Construction a) total construction period anticipated b) schedule of construction c) future potential development, on site d) erosion control during construction APPROVALS 1. Required variances to the zoning regulations (if necessary) 2. Other permit approvals Page 3 of 10 CRAMER SOCIATES ENVIR( Scoping Outline Dow - Subdivision IV. ENVIRONMENTAL SETTING GEOLOGY (detailed discussion necessary) 1. Surface a) List of soil types b) discussion of soil characteristics examples: - physical properties (indication of soils hydrological capabilities) - engineering properties (soil bearing capacity} - erosion potential c) distribution of soil types at project site d) suitability for use examples: - recreation - construction - landscaping 2. Topography a) description of topography at project site examples: - slopes (see "A2d" below) - prominent or unique features b) description of topography of surrounding areas c) topographic survey of site (proposed lot #2 is sufficient) survey must include: - USGS datum - 2 foot contour intervals - appropriate scale (1"=20'-0" is suggested) d) slope analysis (graphic) e) - 0-5%, 5-10%, 10-20% & >20% is appropriate description of existing drainage areas, patterns, swales and channels WATER RESOURCES (brief discussion) 1. Groundwater a) location and description of aquifers and recharge ares examples: - depth of water table - flow b) identification of present uses and level of use of groundwater Page 4 of 10 CRAMER iSOCIATES ENVlRC ~G CONSULTANTS Scoping Outline Dow - Subdivision examples: - location of existing wells Surface water a) Long Island Sound b) wetlands TERRESTRIAL AND AQUATIC ECOLOGY 1. Vegetation (sufficiently detailed discussion) a) list vegetation types on the project site and within the surrounding area b) discussion of site vegetation characteristics examples: - species presence and abundance age size (location of specimens over 20") dominance community types unique, rare and endangered species value as habitat for wildlife productivity Wildlife (general discussion) a) list of wildlife species on the project site and within surrounding b) discussion of wildlife population characteristics examples: - species presence and abundance - distribution - dominance - unique, rare and endangered species - productivity Wetlands (sufficiently detailed discussion) a) list wetland areas within or contiguous to the project site - exact location & extent should be mapped b) discuss wetland characteristics examples: vegetative cover - classification Page 5 of 10 CRAMER :IATES ~G CONSULTANTS $coping Outline Dow - Subdivision - benefits of wetlands LAND USE AND ZONING (detailed discussion) 1. Existing land use and zoning a) description of the existing land use of the project site and the surrounding area b) description of existing zoning of site and surrounding area c) description of the existing property ownership patterns (inclusion of the SCTM is appropriate) 2. Land use plans a) description of any land use plans or master plans which include project site and surrounding area b) discussion of future development trends or pressures CULTURAL RESOURCES 1. Visual resources (brief discussion) a) description of the physical character of the community b) description of natural areas Historic and archaeological resources a) location and description of historic areas or structures listed on State or National Register or designated by the community, or included on Statewide Inventory b) site to be located on historic maps (copies to be included) significance discussed. examples (not limited to): - Coast and Geodetic Map, 1838 - Coast and Geodetic Map, 1883 - USGS, 1947 c) identification of sites having potential significant archaeological value, field investigation necessary; include results of cultural resource survey, if conducted SIGNIFICANT ENVIRONMENTAL IMPACTS Identify those aspects of the environmental setting Page 6 of 10 CRAMER :IATES ENVIRC CONSULTANTS Scoping Outline Dow - Subdivision in Section IV that may be adversely or beneficially affected by the proposed action and require discussion, These are to include the following: GEOLOGY - soils - topography TERRESTRIAL AND AQUATIC ECOLOGY - vegetation - wetlands CULTURAL RESOURCES (as appropriate) VI. MITIGATION MEASURES TO MINIMIZE ENVIRONMENTAL IMPACT Describe measures to reduce or avoid potential adverse impacts identified in Section V. The following is a brief listing of typical measures used for some of the major areas of impact. GEOLOGY 1. Surface a) use topsoil stockpiled during construction for restoration and landscaping b) minimize disturbance of non- construction sites c) design and implement soil erosion control plan d) others as appropriate Topography a) avoid construction on areas or steep slope b) design adequate soil erosion devices to protect areas of steep slope c) design and location of structure(s) d) others as appropriate: WATER RESOURCES 1. Surface water a) ensure use of soil erosion control techniques during construction and operation to avoid siltation examples: - hay bales - vegetation of disturbed areas landscaping - maintain permeable areas Page 7 of 10 CRAMER, :IATES CONSULTANTS Scoping Outline Dow - Subdivision b) c) d) design adequate stormwater control system avoid direct discharges to surface water resources others as appropriate: TERRESTRIAL AND AQUATIC ECOLOGY 1. Vegetation a} restrict clearing to only those areas necessary b) preserve part of site as a natural area c) after construction, landscape site with naturally occurring vegetation d) others as appropriate 2. Wildlife a) provide adequate habitat (shelter and food) for remaining wildlife species b) schedule construction to avoid sensitive periods of wildlife cycles c) others as appropriate: LAND 1. USE AND ZONING Existing land use and zoning a) design project to comply with existing land use plans b) design functional and visually appealing facility to set standard and/or conform to surrounding land use c) others as appropriate: CULTURAL RESOURCES 1. Visual resources a) design exterior of structure to physically blend with existing surroundings d) others as appropriate: 2. Historic and archaeological resources a) Prepare a plan, including measures to mitigate impacts to historic/archaeological resources through data recovery, avoidance and/or restriction of project activities b) others as appropriate: Page 8 of 10 CRAMER ENVIRO CONSULTANTS Scoping Outline Dow - Subdivision VII. ADVERSE ENVIRONMENTAL EFFECTS THAT CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED Identify those adverse environmental effects is Section V that can be expected to occur regardless of the mitigation measures considered in Section VI. VII. ALTERNATIVES This section contains categories of alternatives with examples. Discussion of each alternative should be at a level sufficient to permit a comparative assessment of costs, benefits and environmental risks for each alternative. It is not acceptable to make simple assertions that a particular alternative is or is not feasible. Identify those categories of alternatives which should be included in the EIS by placing a check in the box located to the left of the topic. ALTERNATIVE DESIGN AND TECHNOLOGIES 1, Site layout a) coverage and location of structures b) location of access routes, parking and utility routes 2. Orientation a) compatibility with slope and drainage patterns b) site size and set back requirements 3. Technology a) pollution control equipment NO ACTION 1. Impacts of no action a) effect on private developers' need c) beneficial or adverse environmental impacts C. OTHERS AS APPROPRIATE: IX. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES Identify those natural and human resources listed in Section IV that will be consumed, converted or made unavailable for future use. Page 9 of 10 CRAMER S ENVIRONM Scoping Outline Dow - Subdivision X._~. EFFECTS ON THE USE AND CONSERVATION OF ENERGY RESOURCES Identity the energy sources to be used, anticipated levels of consumption and ways to reduce energy consumption. XI. APPENDICES Following is a list of materials typically used in support of the EIS. A. List of underlying studies, reports and information considered and relied on in preparing statement agencies~ consulted List all federal, state, regional, or local organizations, consultants and private persons in preparing the statement C. Technical exhibits (if any) at a legible scale D. Relevant correspondence regarding the projects may be included. Page 10 of 10 CRAMER, qG CONSULTANTS Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Date: All Involved Agencies Southold Planning Board Barbara Dow SCTM ~1000-17-2-6 June 5, 1989 A positive declaration was declared on this application on May 15, 1989. A copy of which was mailed to you. A scoping session has been set for Monday, June 12, 1989 at 3:00 p.m. If you wish to attend or send comments, please notify this office at 765-1938. enc. Cc: Suffolk County Department of Health Services Suffolk County Department of Environmental Conservation, SB Suffolk County Department of Planning Judith Terry, Town Clerk Cramer, Voorhis & Associates, Inc. Building Department Trustees Zoning Board of Appeals Applicant Planning Board EMIL F. DE PETRIS RICHARD E. DE P£TRIS JANET GEASA LYNNE M. gORDON SCI-IEINBE:RG~ SCHI~TEPS, De, PETI~IS & De. PETRXS 1 UNION SQUAJ~E May 18, 1989 Planning Board Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Attention: Jill Re: Barbara B. Dow SCTM #1000-17-2-6 Dear Jill: Enclosed herewith is our client's check numbered 3825 in the amount of $550.00, which replaces the stale dated check returned to our office. Your prompt processing of this matter will be greatly appreciated. Very truly yours, LMG:mts Enclosure cc: Ms. Barbara B. Dow Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 22, 1989 Lynne Gordon 1 Union Square Aquebogue, NY 11931 RE: Barbara Dow SCTM 01000-17-2-6 Dear Ms. Gordon: The following action was taken by the Southold Town Planning Board on Monday, May 15, 1989. RESOLVED that the Southold Town Planning Board make a determination under the State Environmental Quality Review Act of a significant effect on-the environment. (See enclosed Positive Declaration). If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNE~ ORLOWSKI,JR. _ /~ CHAIRMAN enc. jt Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 IELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 05/23/89 POSITIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project ~ill have a significant effect on the environment. NAME OF ACTION: Barbara Dow SCTM ~1000-17-2-6 SEQR STATUS: Type I Unlisted ~ DESCRIPTION OF ACTION: Applicant proposes to subdivide a 4.99 acre parcel into two lots, 2.0 acres and 2.99 acres respectively. This parcel is zoned R-40 [Residential - 1 acre). It is located o~f the Main Road at Orient. REASONS SUPPORTING THIS DETERMINATION: The Planning Board has reviewed the Short Environmental Assessment Form and has conducted a field inspection of the site. Based on the above, the Planning Board has determined that: The proposed action may increase the potential for erosion' as the terrain contains both steep slopes and wet areas. CONTINUED Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission Robert Greene, DEC Comissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. James Schondebare, Town Attorney Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board EMIL F. DE ~ETRIS RICHARD E, DE PETRIS JANET GEASA LYNNE M, GORDON December 14, 1988 PLANNING Bennett Orlowski, Jr., Chairman Town of Southold, Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Re: Minor Subdivison of Land of Barbara B. Dow at Orient SCTM #1000-17-2-6 Dear Mr. Orlowski: Thank you for your letter of December 6, 1988. We have discussed this matter with our client, and she had advised us she would like to proceed and begin the SEQRA process. Thank you for your attention to this matter. LMG:mts cc: Barbara B. Dow Very truly yours, Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 TELEPHONE ($16) 765-~.938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD December 6, 1988 Lynne Gordon 1 Union Square Aquebogue, NY 11931 RE: Minor Subdivision of Land of Barbara B. Dow at Orient SCTM# 1000-17-2-6 Dear Ms. Gordon, The Planning Board reviewed the abovementioned subdivision and also conducted a field inspection of the site. The Board is not in favor of this subdivision as they feel that the terrain of the proposed Lot No. 2 cannot contain an adequate building envelope without the use of extensive fill. Based on the above, the Board is likely to issue a Positive Declaration at the appropriate time under the State Environmental Quality Review Act (SEQRA). Please inform the Board as to whether you would like the application returned to you, or you would like the Board to begin the SEQRA process. Please contact this office if you have any questions. Very 'truly yours, .: BENNETT ORLOWSKI ;' '~R, CHAIRMAN JANET GEASA 1 U~ON AquzBo(~u~, N~w Yo~x November 16, 1988 Mr. Bennett Orlowski, Jr. Chairman Planning Board Town of Southold Town Hall, 53095 Main Road P. O. Box 1179 Southold, mew York 11971 Re: Proposed Minor Subdivision of Barbara B. Dow SCTM #1000-17-2-6 Dear Mr. Orlowski: Pursuant to your correspondence dated November 4, 1988, enclosed please find three (3) copies of survey for the above captioned property with the wetlands delineated. We look forward to hearing from you in the near future regarding the scheduling of this matter for a hearing. LMG:mts Enclosures Very truly yours, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 4, 1988 Lynne M. Gordon 1 Union Square Aquebogue, NY 11931 RE: Proposed minor subdivision of Barbara B. Dow SCTM #1000-17-2-6 Dear Ms. Gordon: The Planning Board is in receipt of the application for the above mentioned subdivision. Before the Planning Board can proceed with this application the wetlands must be delineated on the map. Upon receipt of revised maps the Planning Board will continue with their review. If you have any questions, please do not hesitate to contact this office. ~- Veryptruly yours, BENNETT ORLOWSKI,JR. CHAIRM~ MS/jt Town of Southold, Planning Board 53095 Town Hall, P.O. Box 1179 Southold, New York 11971 Re: Dear Sirs Minor Subdivision of Land of Barbara B. Dow at Orient Tax Map No. 1000-017-0~-006 We are the attorneys for Barbara B. Dow in connection with the above captioned matter. Our client wishes to divide the 4.99 acres owned by her into two lots. We are enclosing herewith the following: 3. 4. 5. 6. 7. Check #3582 of Barbara B. Dow, drawn on The Bank of New York, 530 Fifth Avenue, New York, New York, dated October 13, 1988, made payable to the Town of Southold, in the amount of $550.00. six (6) copies of survey of the above captioned location. Photocopy of deed showing legal description of property in question. Application for plat approval completed and executed by Barbara B. Dow. Form letter regarding drainage, grading, and road construc- tion executed by Barbara B. Dow. Part I of the Short Environmental Assessment Form. Copy of tax :map showing area. Your prompt attention in scheduling this matter for a public hear- ing will be appreciated. LMG:mts Enclosures Ver~, truly/ yours, cc: Barbara B. Dow TRUSTEES John M. Bredemeyer, III, president Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Town Hall 53095 Main Road PO. Box 1179 Southold, New York 11971 TO: FROM: RE: DATE: Bennett Orlowski, Jr. Chairman, Planning Board Bredemeyer, III ~ John M. President, Board of Trus~ Minor subdivision of BaSh'ara Dow SCTM #1000-17-2-6 July 9, 1992 The Trustees office has reviewed the proposed minor subdivision in light of your July 8, 1992 memo and find: 1. Although no structures are proposed, any activity within 75' of mean high water on Long Island Sound would require a wetland permit. 2. The Coastal Erosion Hazard area jurisdiction under Chapter 37 of the Town Code shows a jurisdiction which is Seaward~the four foot contour of elevation. However, since the slopes,are steep seaward of the forty eight foot contour~here is no noticeable point of inflection) a house in this area is ill advised. Any Structure contemplated for lot #2 should be landward of the "old earth roadway" as depicted on the survey. 3. Lot number one will be heavily constrained under Chapter 37 to essentially prevent all but stairs or dock or erosion protection structures seaward of the house. JMB: jmt Attachments 0 0 ,) ?r , '/ pde year p on Cle~ I