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HomeMy WebLinkAbout1000-9.-9-22KEY MAP SCALE: I": 600' I f ¢oOS¢°f' / / N/F RICHARD A. MILLER / /// / / JOHN C. EVANS S 62 N/F JOHN C. EVANS / / / / / / ./ /- / \ \ ) / / / ~o~ LINK FENCE N/F WILLIAMJ. 8 PATRICIA d. FAULKNER N/F WILLI,AM R. gl MARY AL/CE HAASE N 1469 S5 '¢/5126 07 \ N $5°31'00'' E PIPE 156 S 62°26'00'' W 0 m N/F WILMERDING .[ EXISTING GARAGE N/F THOMAS DOHERTY~ dR. ~ CAROLYN J. DOHERTY TS~ OF IRON PIN ELEV=SgE4 -LOCATION WETLANDS APPROX HIGH MARK (TYP) \ 4 59 / / %%\ / / g/f MARK MATCH x \ \ \ vIARK 'A' ', 'ROVED BY PLANNING BOARD TOWN OF SOUTHOLD IUL 11 1994 i · ~ I flied Mth the ~u~y ~e. ~ io hom~ Mven for the HARBOR I horeb~ cer~lP~ ~h~ ~hls map ~o~ mcldo Prom ~cLucfl ~urv~s completed Januory 15, I~1 i om familiar wTth the standards for approval and construction of subsurface sewage disposal systems for single family residence and will obide by the conditions set forth therein and on the permit to construct, SUBJECT PROPERTY SCALE I" = APPLICANT %0 20 0 I~I 9RAPHIC SCALE IN FEET KNOCKOUTS 4O TEST HOLE DATA: LEGEND: 0" - 14" SANDY TOPSOIL N~F NOW OR FORMERLY 14"--6 1/2' SANDY FILL TYP, TYPICAL 6 1/2'-7' TOPSOIL EXtST, EXISTING ELEC. ELECTRIC 7'-8 1/2' SANDY ORANGE HYD, HYDRANT SUBSOIL -- 40 -- EXISTING CONTOUR 8 1/2'-16' SANDY MED, COMF. TILL .NOTES:. 1) PROPERTY IS LOCATED IN DISTRICT 1000, SECTION 009, LOTS 16 & 22. 2) TOTAL ~REA = I~+.~-~-,~,~ ~) MAP REFERENCE: PLAN OF PROPERTY TO BE CONVEYED TO FRANCES B. RAUCH AT FISHERS ISLAND, NEW YORK, CHANDLER A PALMER ENG'RS, NORWICH, CONN., MARCH 7, 196~; SCALE: 1"=40'; ADDLTIONS TO MAY 50, 1985. 4) PROPOSED LOT TO BE SERVICED BY MUNICIPAL WATER AND ON SITE SEWAGE DISPOSAL 5) SITE IS LOCATED IN ZONING DISTRICT R BO. 6) COORDINATE DISTANCES ARE MEASURED FROM U,S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS", MINO~ 5!JI~I~IVI~ION PLAN F AN E5 D. AUCH JOHN C, REVISIONS DATE DESCRIPTION DATE: FEBRUARY 22, 1993 SCALEil" = 40' SHEET 1 OF 1 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latharn, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hail, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 July 12, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Stephen L. Ham, III Matthews & Ham 45 Hampton Rd. Southampton, NY 1968 Re~ Minor subdivision for Frances B. Rauch and R. Stewart Rauch SCTM~ 1000-9-9-22 Dear Mr. Ham: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 11, 1994: BE 1T RESOLVED that the Southoid Town Planning Board authorize the Chairman to endo~e/he final surveys dated May 26, 1994. Conditional final approval was granted on June 13, 1994. 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, Richard G. Ward Chairman cc: Tax Assessors Building Department BOX .... 1!1111 ~ IylUST BE TYPED RINTED 1N BLACK INK ONLY PRIOR TO RECORDING OR FILING I]SUFFOLKCOUNSiTCLERK , 2 i 3 I Number of pa~e,,i TOI{I{EN~ Serial it Certificate Il Ih'i.r Cfffl Deed / Mortgage Instrument l'.~c / Fili,,g Fee ~ / . llaudling TP-584 Nolaliou EA-5217 (County) EA-S217 (Shtle) ILP. T.S.A. . Comm. of Ed. 5_._00_ Affidavit Cerlified Copy Reg. Copy St:mt Deed / Morlgage Tax Slump FEES Sub Total Sub Tolal GRAND TOTAL Ileal Preperly Trax Service Agency Verificaliou Dist ;ectioo Block Lot 1.000 009.00 09.00 022. 000 Recoeding / Filiug Slaullls Mortgage Amt. 1. Basic Tax 2. SONYMA Sub Total 3. Spec.lAdd. TOT. MTG. TAX" Dual Town Dual Cummly ,. llcld for Apporfi?mmut .... Trausfer Tax , The properly covered by this morlgage is or will be improved by a uae or hru family dwelliug only. ES ,,, ur NO If NO, aec approl~riale tax ~'lause on page #~of tiffs iuslrumenL Title Couq)any lflformalioa Coulpauy Name Tillc Nunlber FEE PAID BY: Cash_ Checlq X Chargc.~ Payer same as R& R X OR: Stephen L. Ham, III, Matthews & Ham 45 Hampton Road Southampton NY 11968 Esqr RECORD & RETURN TO Suffolk County Recording & Endorsement Page This page forms part of the attached Frances B. Rauch and R. Stewart Rauch, Jr. ~ ~'TO Town of $outhold DECLARATION of Covenants (D¢~d, Moagng~, ¢~¢.) nlade by: The premises I,ereln is situated in SUFFOLK COUN'rY, NEW YOII. IC the TOWN of , In the VILLAGE or IiAMLET of DISTRICT 1000 SECTION 009.00 BLOCK O9.O0 LOT 022.0O0 DECLARATION DECLARATION, made the ~ day of October, 1993, by FRANCES B. RAUCH and R. STEWART RAUCH, JR., both now residing at 928 Merion Square Road, Gladwyne, Pennsylvania, hereinafter referred to as the Declarants. WHEREAS, the Declarants are the owners of certain real property situate at Fishers Island, Town of Southold, Suffolk County, New York, shown as Lot 2 and Lot 3 on the map entitled "Minor Subdivision Plan - Property of Frances B. Rauch and R. Stewart Rauch, Jr.", prepared by Chandler, Palmer & King, dated February 22, 1993 and revised 3 May 1993 and September 29, 1993, which map is to be filed in the Office of the Suffolk County Clerk (the "Minor Subdivision Map"), said real property being more ilparticularly described on Schedule A hereto; and WHEREAS, the Declarants have made application to the Planning Board of the Town of Southold for approval of a minor subdivision as shown on the Minor Subdivision Map to create three !separate legal building parcels shown as Lots 1, 2 and 3 thereon, said Lot 1 having been previously transferred to John C. Evans and said Lot 2 and Lot 3 being more particularly described on ~Schedules B and C hereto, respectively; and WHEREAS, for and in consideration of said granting of approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of said Lot 2 and Lot 3 that the within covenants and restrictions be imposed on said Lots, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Office of the Suffolk County Clerk; WHEREAS, determined that and the the be subject to land and shall their heirs, executors, legal representatives, successors and assigns, to wit: Declarants have considered same will be for thelbest Declarants and subsequent owners of said Lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said Lot 2 and Lot 3 described on Schedule B and Schedule C hereto, respectively, shall hereinafter the following covenants which shall run with the be binding upon all purchasers of said premises,i distributees,! 1. There shall be no further subdivision of either Lot or Lot 3 in perpetuity. 2. Clearing building envelope for shall be limited to decayed and dead materials. the foregoing and interests of the and grading to the seaward side of the Lot 2 as shown on the Minor Subdivision Map that necessary for removal of diseased,~I 3. Erosion and sediment control measures shall be required during and immediately after construction to insure thati stormwater runoff will not carry eroded and other deleterious materials into Hay Harbor. 4. No stormwater runoff resulting from the development and improvement of the subdivision or any of its Lots shall be discharged into Hay Harbor. 5. This Declaration can be modified only at the request of the then owner of the said Lot 2 or Lot 3, with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarants above named have executed the foregoing Declaration as of the day and year first above written. ~r Frances B. Rauch R. Stewart Rauch, Jr. COMMONWEALTH OF PENNSYLVANIA ) On the ~ day of October, 1993, before me personally appeared Frances B. Rauch and R. Stewart Rauch, Jr., to me known ~and known to me to be the individuals described in and who executed the foregoing instrument and they acknowledged to me that they executed the same. Notary Public / BEG2NNING a'~ a m~nument ~n the Easterly side o~ a ~ Foo~ ~-~qh~ ~y at _the ~.ld~ng l~ne betwe~n the here~n ~escribe~ tract an~ }an~ fe~t Nc ~h u. a ~.:nt wnlch ls 4,626.69 Feet 'm.es~ o:f a monument markine U.S. Coast and Geodetic Survey Triangula~zon S~atz~n ~-..~ and cunninq ~hen~_-~ q-_~c,=s .... ~,c,z degrees 18 minutes East.~,~.o~ ~. ~, feet t~,- a point a~ the ~t "~ -~ ' w~=t~ lan revenue; zi]ence South 62 - ~',~ ..... I ~¥ end o.F E~,'~- -' ' North 7:~__ degrees ~m minutes 00 seconds West ~'~,O.y:-~ ~eet to a point: thence South 62 degrees 26 minutes 00 seconds West 50.00 ~eet to a point; thence South 31 d~grees !8 minutes 00 seconds East 50.00 to a peint; thence South 62 degrees 26 minutes 00 seconds West I56.66 ~eet to an iron pipe; thence North 33 degr-ees 19 minutes 00 seconds West 87.05 ~eet to a drill hole; thence continuing North 33 deqrees 19 minute= 00 seconds West 374.4' ~eet to an iron pipe; thence Nerth 18 degrees 36 minutes 00 seconds West 2i6.92 ~eet to a monoment; thence North 65 degrees 31 minutes 00 seconds East 336.9r6 ~eet the high water mark o~: Hay Harbor; thence Southerly and Southeasterly _ ,.,.e - ~ high water mar-k o~ Hay Harbor ~,o~, ~, more or less to a point; thence South 08 degrees 38 minutes 20 seconds East 95 ~eet more or less to a monument; thence South 42 degrees 45 minuLes 30 seconds West 125.00 ~eet to the monument at the point beginning; the last two lines abutting Easterly and Southeasterly on said land now or ~ormerly o~ A. John Gada. Containing 5.34 Acres more or less. Subject to a right of way 35 Feet in width, the centerline c,F which being described as Follows: BEGINNING at a point located South 18 degrees 36 minutes 00 seconds East 31.29 Feet From a monument located 1,469.85 Feet Nocth of a point which is 5,126.07 ~eet West o~ said "PROS" monument and thence runnin~ South 73 degrees 44 minutes 00 seconds East 1 - ~/.,~ Feet to a point; thence South 75 degrees 05 minutes 00 seconds East i31.!8 Feet te a point; thence South 46 de~ree~ 53 minutes {-~0 seconds East 1!8.~ Feet to a point~ thence ~ oou~h 30 degrees 42 minutes 00 qecnnd~- ~ .... 52t.3 Feet mote or less to the Northerly end of Equestrian ~,- Subject also to rights ~or existinq utility lines crossing the above described t r-act. - JT ~2 - ~*:ANCE8 SCHEDULE B said monument keing ~ .... ~=a 1,469 S5 te,._=t ~-~ ..... - ~, !26.07 '~-=~ West of a monument mac~::znc '~ c and ~e.zdetic c ........ =-~. Coast ~u~ ~./ ~rianguiation Station "PROS" and running thence North 65 degrees .31 minutes OC seconds East 3~6.96 Eeet to the hiqh water mark o~ Hay Harbor; thence Southerly and ~ou~ea=terly along the said high water mark o~ Hay Harbor 270 ~eet, more or- less to a point; thence South 54 degrees 40 minutes 27 seconds West 154 ~eet, more or less to a point: thence South 43 degrees 24 minutes 16 ~o.oo ~eet to a point; thence North 33 degrees I9 minutes 00 seconds West 100.00 ~eet to an iron pipe; thence North 18 degrees 36 minutes ~'x] seconds West ~ ' ~ point of beginning. ~' ~1~.9~ ~eet to the monument at the Eon.aining 1.91 +/- Acres Together with a right of way 35 feet in width, the centerline of which being described as ~otlews: BEGINNING at a point at the end o~ the third line in the above description, said point being located 1,345.38 ~reet Nc. rth o~ a point which is 47846.19 feet West o~ a monument marking U.S. Coast and Geodetic Surve'/ T, 1-~.ngul=tlon Station "PROS" and running thence South 46 degrees =..±. minutes 0::. seconds East 77.52 feet to a point; thence South 30 degrees 42 minutes 00 seconds East 521.3 feet, more or- less +s the Northsrlv end of E~_,~=~ lan A,,'enue. Subject to a right of way 35 ~eet in width, the centerline of which being described as follows: ' BEGINNING at a point at the end of the third line in the above description, said point being located 1,345.38 feet North of a point which is 4,846.19 ~eet West of a monument marking U.S. Coast and Geodetic Survey Tciangutatien Station "PROS" and running thence No~ 46 degrees 53 minutes 00 seconds West 41.01 feet to a point; thence North 75 degrees 05 minutes 00 seconds West 131.18 feet to a point; thence North 73 degrees 44 minutes 00 seconds West 117.91 feet to a point; said point being located South 18 degrees 36 minutes 00 seconds East ~1.29 feet from the monument at the Northwesterly corner of the above described lot. Subject also to rights for existing utility lines crossino the above described tract. - %S · SCHEDULE C ~ BEG ..... - ..... ~ ~--~ ~. 0.~'. ~."2'T','"9_ iNNiNG a'k ~ * ...... marking U.S. Coast an~ beodet .c =u-./ev -:.ang,_tl-~- ,~_~ and running thence SoL, th 31 deqr~ss !~ ~:i~ute~ ~ =~ o .... - point at the Northerly end c:~ Equest~ :.an A,/enue: thence c-.~ 62 North 31 " ..... ~= '._,o eeet to a ~n'~+- degrees 18 minutes ,'-~c s~conds -.=~ ' thence Sou~h 62 deqr=es 26 '- ~-~ 230.75 ~eet to a point; - - - min.vies 00 s~conds West 5,'].00 Ceet to a point; thence South 31 degt-ees 1] minutes 0:} second~ East to a point~ thence ~ _ 62 ' - - . ~ou+h deqre~ 26 minutes 00 seconds Wes~ 156.66 ~eet to an iron pipe; thence Not,ih 53 degr,aes 19 minutes 00 seconds West 87.05 Ceet to a drill ho!e~ thence :ontinuing North 33 degrees 19 minutes 00 seconds West 274.z. 0 ~eet ko a point; thence North 43 degrees 24 minutes 16 seconds East 226.60 ~eet to a point; thence North 54 degrees 40 minutes 27 seconds Ea~'~ 7.54 Eeet, more or less to the high water mat-k o~ Hay Harocr; thence Southerly along said high ~ater mark about 265 Eeet to a pcint at said land now or Eormerly A. John Gada; thence South 08 degrees 38 minutes 20 seconds East 95 Eeet more or less to a monument; thence S,]uth 42 degrees 45 minutes 50 seconds West 125.00 ~ee'L tc the monLment at the point o~ beginning~ the last two lines abutting Eas'i~rly and Southeasterly on said land no~ or EormerIy o~ A. John Gada. Containing 5.43 acces more or less. Subject to a right oE way 35 ~e.e: in width, the center!ine o~ which being described as ~ollows: BEGINNING at a point at the ~-~nc o~ tke ninth line in the above description, said point being located 1,7. = · .-,4~.38 ~eet North o~ a point which is ~, 846. 19 feet West o~ Geode~ic ~ . a monum~n~ marking U.S. Coast and oU~vey Triangulation Station "PROS" and running thence South 46 degrees 53 minutes 00 seconds East 77.52 ·Feet to a point~ thence South .3C, degrees 42 minuttes ~'~(- sac:c:nds Eas'~ ~ - to the Northerly end o~ Equestrian A,~enue. Subject also to rights ~oc existirg utility lines crossino the above described tract. _ PHONE:852--2000 SUFFOLK COUNTY CLERK'S OFFICE Edwar~ ~. Romazne, COUNTY CLERI( ~rO~rn of Southold Assessor own of Southold Planning Board Chief Deputy County Treasurer To Whom This May Concern: The Subdivision Map Of: Was Filed,. ~(~-11, 1~ Filed Number, qSq7 At-stract Number, /g~Sg Township, Sout hold Owner Very truly yours, Counly Clerk Map Department k'-rrn No. 49 THIS MINOR SUBDIVISION IS FOR ~ LOTS ON ~ ACRES LOCA~EDt~oo,= ' # SCTM 1000- '-1 - ~ - .2_)._- ~ MINOR SUBDIVISION (NO ROAD) J Complete application received A'~...~' pphcation reviewed a[ work session Applicant advised of necessary revisions Revised submission 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 AJ ~ Sent to County Planning Commission Receij)t 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 - ~J~_~ Approval of subdivision -with conditions Endorsement of subdivision APPLICATION FOR APPROVAL OF To the Planning Board of the To~vn of Southold: authorized agent of the -,. ,pUnNING I~O~D Tbe undersi~ned/applicaut"'~ hereby applies for (tenta'~ive) (finaI)..~.,.: ......... umvL~mn plat accordance with Article 16 of the Town Law and the Rules and Regulations of the Soutbold Towu Planning Board, and represents and states as follows: 1. The applicant is the oxvner of record of the land under application. (I[ the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be., ~.n. pr..s.u..b.~3.v3, s..~9.n..9.r. ..... -.- and R. Stewart Rauch, Jr. 3. The entire land under .application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) The land is beld by the applicant under deeds recorded in Suffolk County Clerk's office as folloxvs: Liber ...... .9.6.1..1 ............. Page ..... 11.5.1. .............. On August 19, 19811 . Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ' ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; as devised under tbe Last Will and Testament of ....................................... or as distributee .,... 5. The area of the land is ...... .5:.2._+. ....... acres. 6. Ali taxes xvhich are liens on the land at the date hereof have been' paid. ~imelpxx.: .......... 7. The land is encumbered by no mortgage. ~q01t l[~Df~ljlf~ (a) Mortgage recorded in Liber .............. Page .......... - ........ in original amount of $ .............. unpaid amount $ ............ ' ......... beld by ...................... .............. address (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amonnt $ ...................... 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 except ........................ 9. The land lies in the folloxving zoning use districts ....... ~7.8.Q ........................... 10. No part of the land lies under water ~vhether tide xvater, stream, poud water or otherxvise,~.~- x~e~xxx ........................................................................... _ ....... 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (l*-Jt~lg:Wot~y lie in a \Vater District or Water Supply District. Name of Dis- trict, if ~vithin a District, is Fishers Island 13. %Vater mains will be laid by . ia~.p~.cant~ to extent necessary andffl~:~ (no) charge will be made for installing said ~nains. 14. .Electric lines and standards will be installed by ...a. pp.l.i.c..a.n?.,..'9.9..e.x.t..e.n.~, necessary ..................................... andl{l~ (no) charge will be made for installing said lines. 15. Gas mains xvill be installed by .. N/A and (a) (no) charge will bc made for iustalling smd mains. 16. If streets shownou theplat arccla{mcd by the applicant to be ex{sting puhlic streets iu thc SuffoIk County IHghway system, annex Schedule "B" hereto, to show same. 17. If streets shown on thc plat arc claimed by thc applicant to be ex{sting public streets in thc Town of Southold l lighway system, anuex Schedule "C" hereto to show same· .!8. There arc no ex{sting bnildings or structures on thc ]and which are uot located and showu on thc plat. 19. 20. 21. \Vherc thc plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at tile end of the streets on said ~xisting mal)s at their conjunctions with tile proln~se(l streets. In tile conrse of these proceedings, tile ai~plicant will .flor proof of title :ts required by Sec. .335 of the Real Property Law. ' Submit a col)3' of 1)reposed deed for lots showing all restricti,ms, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of gradiug and required public improvements will be $...0. ...... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ...... N~.A. years. The Performance Bond will be ~vritten by a licensed surety company unless otherwise shown on Schedule "F". DATE October 15 ., 19 91 Frances B. Rauch and R. Stewart Rauch, Jr. (Name of Applicant) (Signature and Title) Stephen L. Ham, 'i:r'I .... authorized agent (Address) SUFFOLK STATE OF NEW YORK, COUNTY OF ................................. ss: On the ..... .1.5.~..h ........ day of ...... Q .c~;9.b.°..~ ................ 19.9.1. .... before me personall3; came ·..S.tp~h.o..n..L.....H.~.m.,...I.I.I. ................... to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that .... .h.o ...... executed the same. STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of .............. } 19 ....... l~efore me personally came ........................ to me known, who belug by me duly sworn did de- pose and say that ............ resides at No ..................................................... ............................... that .......................... is the .......... the corporation described in and which executed the forcgoiug instruumnt; tbat ............ knows the seal. o£ said corporation; that the seal a[fixed by order of thc board ot: directors of said corpor]tion. :~nd that ............ signed .............. name thereto by tike order. Notary Pnblic euterl~ line or Jlid toed 3ouCh ]1" 18' [~C 1)2.55 feet to ~ Fee~ wide) go~h 31e 18" We8~ ?l].~l ree~l t~enc.- 5OuCh 62° 26' ~onl m~d bo~de~ line ~otth 62° 26' ~{.o~ ~37.22 fee~;'~he~co still ~on~ ,~d to~da~ line ~h ~6° 57' West *07.05 Fee~; ~heflce still ~ofl~ acid ~o~da~ line ~d the l~d ~o~rly or Selva~ ~d h~uetev ~rk of Little Hay He.or ~ea b~ ~-t~n ~ns as; tn ao~heuterl~ co.er or l~d nou or ro~rly of ~1o lo~ Oada (~onveyed to him ~7 ~$d ~oo~ed in Sbt ~ol~ ~unt~ Cler~"s I1~ l~ ~l nov or ~orl~ Ot ~p~O Jol~ 015i ~outh 81 ]80 ~d or w~ {3~ feet vl~e), ~rke4 ~y a ~,a~n~l t~noe 8~IB ]~e Co t~ '~olnt or pllff o~ ~OX~ZMO, ,~;~ ,. 395. No~h ~ a po~ ~tdch ~e 5126.07 feet ~eet of anot~r n~ or flatly of Rice ~o~n~ C~p~t&~; t~n~ ~th T~C~r ulth a rl~t of ~o~ f~ r~d ~pcae. over a ~trtp o: ~GI~ It a pl~ let In t~ e~de~lk ~ t~ of ~ld rt~t of uay. laid po~t ~1~ ~.67 feet ~o~h of 232.7 fle~; t~nce KoCh ~0 ~2~ Ibo~ ]~ feet to i Hort~aoterly 11~ ~ said rl~t ~ d~; tMnc. S~h 1~.2 foot to tM po~ ~ ~M. b~ed a~ ~ooorl~d Ii foll~l: ~I~IM 8~ a po~n~ ,;nlch 1* l~d 1~1.23 fee~ point w~ch 18 &~.~ feet ~eot ~ ~ld "~" ~n~ t~t; tMn~ No~h 75e ~i Weir 131.~ ~t; tM~ t~ot Ib~t 30 foot S~tMae~rly f~ ~ ~ Re Private Roi ~ R[qht or May doted March 11, 1~' ~fl~ Frances B. RAuch, hr~rl Lratt ,/IMrdlflq 3~ John C. Evefll I~ Suffolk County Clerk's Office On April l&, 1971 in LtMF 6~16 ~t page 4?. TQ TOWN I~ ~tOIX C~.ty, N.Y. R. Stewart Rauch, Jr. Frances B. Rauch 928 Merion Square Road Gladwyne, PA 19035 August ~ , 1991 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Minor Subdivision or Setoff of Premises at Fishers Island, New York (SCTM # 1000 - 9 - 9 - 22) Dear Sirs: Please be advised that Stephen L. Ham, III of Matthews & Ham, 45 Hampton Road, Southampton, New York, is authorized to act as our agent concerning all matters relating to the referenced minor subdivision or setoff involving our property at Fishers Island, New York, including the execution by him of all documents and the taking by him of all other required actions on our behalf in connection with the application for such subdivision or setoff approval. Very truly yours, R. Stewart Rauch, Jr. Frances B. Rauch ACKNOWLEDGMENT STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the ~-~day of August, 1991, before me personally came R. Stewart Rauch, Jr. and Frances B. Rauch, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public SOUTHOLD TO~N , P~NNING E!O,GID .... Southold Town Planning Board Town Hall Southold, New York 11971 October 15, 1991 Gentlemen: Re: Minor Subdivision of Frances B. Hauc~ and R. Stewart Rauch. Jr. "' (SCTM # 1000-9-9-22) 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) (2) No grading, other than foundation excavation for a residential building is proposed. 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, Stephen L. Ham, III, as authorized agent of Frances B. Rauch and R. Stewart Rauch, Jr. OCT 2 ~. 1991 SOUTHOLD TOWN PLANNING B 0.~ R,~D 14-1,6-2 (2/87)-- 7c 617.21 Appendix A State Environmental Quality Review ~. FULL ENVIRONMENTAL ASSESSMENT F Purpose: Th& full EAF is designed to help applicants and agencies determine, in 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, yet flexible to allow introduction of information to fit a project or action. Full EAF 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 important. y DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions lhe Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropr ate), 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 he prepared. [] B. Although the project could have a significant effect on the environment, there will not he a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) Date 1 PART 1--PROJECT iNFORMATION Prepared by Project Sponsor NOTICE: This docume[it is designed to assist in determining whether the action proposed may have a signifiqant effect on the environment. I~lease complete the entire form, Parts A through E. Answers to these questions will be (~onsidere~ as part of ~ ~h~,~i~pliea~on for approval and may be subiect to further verification and pu blic review. Provide any addition&. inforl~t'~.~.';~fJi~j~lieve will be needed to complete Parts 2 and 3. It is e~l~:l~'~at~om~)letion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Minor Subdivision of Frances B. Rauch and R. Stewart Rauch, Jr. LOCATION OF ACTION (Include Street Address, Municipality and County) Private Road off Equestrian Avenue, Fishers Island, Suffolk County NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Stephen L. Ham~ III, as authorized agent (516) 283-2400 ADDRESS 45 Hampton Road CITY/PO STATE ZIP CODE Southampton NY 11968 NAME OF OWNER (If different) Frances B. Rauch and R. Stewart Rauch, Jr. BUSINESS TELEPHONE ( ) ADDRESS 928 Merion Square Road CITY/PO STATE ZIPCODE Gladwyne PA 19035 DESCR~ION OF ACTION subdivision of approximately 5.2-acre parcel into two lots, one of which is already improved with a single-family dwelling and the second of which will be available for construction of another single-family dwelling 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: [-1Urban E~lndustrial [Forest I-1Agriculture 2. Total acreage of project area: acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other {Indicate type) 3. What is predominant soil type(s) on project site? a. Soil drainage: sand ElWell drained 100 % of s,ite [Poorly drained % of site J~Commercial (~Other (Residential (suburban) ['X1Rural (non-farm) PRESENTLY AFTER COMPLETION 4.42 acres 4'37 acres acres acres 0 acres 0 acres .12 .12 acres acres · 25 acres .25 acres acres acres , ~7 acres .41 acres [~Moderately well drained o,~ of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NY[ Land Classification System? n/a acres. (See 1 NYCRR 370). k. 4. Are there bedrock outcroppings on project site? []Yes I~No a. What is depth to bedrock? c. 600 (in feet) 2 ~. A?proximate percentage of proposed pro~//ect site with slopes: [~0-10% o .80 % [10:[5% [~[15% or greater e.20 % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Histor c Places? I~Yes ~]No ~" Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [Yes ~'INo 8. What is tl~e depth of the water table? > ]-6 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? [~Yes 10. Do hunting, fishing or shell fishing opportunities presently exist in the proiect area? []Yes 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? [qYes ~No According to J.M.O. Consulting. P.O. Box 447. Quogue, NY 119~9 Identify each species 12. Are there any unique or unusual land forms on the proiect site? {i.e., cliffs, dunes, other geological formations) I~Yes [~No Describe 13. Is the project site presently used'by the community or neighborhood as an open space or recreation area? I~Yes [~No If yes, explain 14. Does the present site include scenic views known to be important to the community~ []:]Yes [No unknown ' 1.5. Streams within or contiguous to proiect area: n/a a. Name of Stream and name of River to which it is tributary n/a 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name Little Hay Harbor b. Size (In acres) unknown 17. Is the site served by existing public uti t es;~ ~Yes [No a) If Yes, does sufficient capacity exist to allow connection? I~Yes []No b) If Yes, will improvements be necessary to allow connection? []Yes r~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes I~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 6'I77 []Yes ~lNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? [Yes ]QNo 8. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 5.2_+ b. Project acreage to be developed: .114 acres initially; .11~! c. Project acreage to remain undeveloped 1.796 acres. (Lot NO. 1) d. Length of pro}ect, in miles: n/a (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed n/a . %; f. Number of off-street parking spaces existing . n/a ; proposed n/a g. Maximum vehicular trips generated per hour n/a (upon completion of project)? h. if residential: Number and type of housing units: One Family Two Family Multiple Family Initially _ one Ultimately __ two i. Dimensions (in feet) of largest proposed structure __35 height; . 50 width; 27 length· j. Linear feet of frontage along a public thoroughfare project will occupy is? Q ft. 3 · acres ultimately. Condominium 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? 0 tons/cubi~: yar~is. 3. Will disturbed areas be reclaimed? E3Yes E]No F~N/A a. If yes, for what intendec~ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? E]Yes I-INo c. Will upper subsoil be stockpiled for reclamation? I-Wes 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? .114 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? E]Yes []No 6. If single phase project: Anticipated period of construction 3 months, (including demolition). 7. If multi-phased: n/a a. Total number of phases anticipated (number). b. Anticipated date of commencement phase I month c. Approximate completion date of final phase month year, (including demolition). year. d. Is phase 1 functionally dependent on subsequent phases? [:3Yes r-INo & Will blasting occur during construction? E]Yes ~No 9. Number of jobs generated: during construction ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? I~Yes I~lNo If yes, explain 12. Is surface liquid waste disposal involved? I~Yes []No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? []Yes E:]No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain [:]Yes I~lNo 15. Is project or any portion of project located in a 100 year flood plain? 16. Will the project generate solid waste? [~Yes [:]No a. If yes, what is the amount per month ,35 tons b. If yes, will an existing solid waste facility be used? ~Yes I-1No F.I. Waste Transfer and c. If yes, give name ~ ..... ~..~~ o~ · location d. Will any wastes not go into a sewage disposal system or into a sanitary andfi ? e. If Yes, explain BYes I-INo Whistler Avenue, F.I. ~lYes fflNo 17. Will the project involve the disposal of solid waste? ~Yes a. If yes, what is the anticipated rate of disposal? .3~ b. If yes, what i~ the anticipated site life? n/a years. 18. Will proiect use herbicides or pesticides? [:]Yes I~lNo [~No tons/month. [~No 19. Will project routinely produce odors (more than one hour per day)? [:]Yes [~No 20. Will project produce operating noise exceeding the local ambient noise levels? I~Yes 21. Will project result in an increase in energy use? F~Yes [~No If yes , indicate type(s} electricity and home heating oil 22. If water supply is from wells, indicate pumping capacity n/a gallons/minute. 23. Total anticipated water usage per day '~00 gallons/day. 24. Does project irivolve Local, State or Federal funding? {:]Yes E~gNo If Yes, explain 4 25: Approvals Required: City, Town, Village Board []Yes []No City, Town, Village Planning Board ~Yes r~No City, Town'Zoning Board [~Yes [No City, County Health Department ~]Yes []No Other Local Agencies I~Yes [2]No Other Regional Agencies []Yes [No State Agencies [X1yes [No Federal Agencies [l-lYes []No Submittal Type Date minor subdivision approval Town Law Sec. 280-a. Article 6 10/15'/91 up°n bSyk eP~hn ~1 ~ ~Po%rr°dva NYSDEC ~ug. 1991 C.. Zoning and Planning Information 1. Does proposed action invoJve a pJanning or zoning decision? OYes [No If Yes, indicate decision required: [zoning amendment I-]zoning variance [special use permit [~subdivision [-]site plan [2]new/revision of master plan I~resource management plan [~other Town Law Sec. 280-a. 2. What is the zoning ciassification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? two sinai,-family dwellings 4. What is the proposed zoning of the site? same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? sinEl~-fam~ly residential (R-80 Zone District) 8. Is the proposed action compatible with adjoining/surrounding land uses within a V~ mile? ~]Yes fl-]No 9. If the proposed action is the subdivision of land, how many lots are proposed? two a. What is the minimum lot size proposed? _.. 1.gl 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 for any community provided services (recreation, education, police, fire protection)? [~Yes [~No (insignificant) 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 I~No a. Ii: yes, is the existing road network adequate to handle the additional traffic? OYes [No D. Informational Details Attach any additional information as may be needed to clarify your project. Jf there are or may be any adverse impacts associated with your proposal, please discuss such ire'pacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Frances B. Rauch and R. Stewart Rauch, Jr. Date October 15, 1991 en~. Ham~ '1~ Signature Stepn , , ~ Title authorized agent If the action is in the Coastal Area, and you are a state agency, complete lhe Coastal Assessment Form before proceeding with this assessment. 5 Pa,~ 2--PROJECT IMPACTS AND 'I~tEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2} does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific proiect or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive tist of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will he any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impa.ct. If impact threshold equals or exceeds any example provided, check column 2. If impact wiJ~ occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1 Will the proposed action result in a phys[cal change to the project site? ENO [:]YES Examples that would apply to column 2 · Any construction on slopes of 15% or 8rearer, (15 foot rise per 100 foot of length}, or where the general slopes in the proiect area exceed 10%. · Construction on iand where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that wdl 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 landfill. · Construction in a designated floodway. · Other impacts 2, Will there be an effect t(. -..W unique or unusual land forms found on the site? (i,e., cliffs, dunes, geological formations, etc.)~lNO I-lYES · Specific land forms: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes I-]No [] [] I~Yes [:]No L~ [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No _L IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ON• OYES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? [:]NO OYES Fxamples that would apply to col&mn 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? F~NO I~YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water suppI¥ from wells with greater than 45 gallons per minute pumping capacity'. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conve;,ed 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 water to the extent that there will be an obvious visual contrast to natural conditions. · Proposqd Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts:_. 6. Will proposed action alter drainage flow or patterns, or surface water runoff? I-IN• [:]YES Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 1 Small to Moderate Impact [] [] [] [] [] [] [] [] [] [] [] 2 Potentia Large Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] 3 Can Impact Be Mitigated By Project Change [:]Yes [:]No []Yes •No ~]Yes []No E~Yes []No []Yes []No []Yes []No []Yes []No []Yes []No [:]Yes []No •Y'es []No []Yes I--IN• [~Yes []No [-]Yes []No OYes []No [:]Yes []No []Yes [~No E]Yes []No []Yes •No []Yes EJNo []Yes []No [~Yes E]No · 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? I~NO I~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 refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? FqNO [~YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. ' Removal of 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? []NO [3YES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or m~gratory 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 WiU the Proposed Action affect agricultural land resources? [~NO []YES Examples that would apply to column 2 l'he proposed action would sever, cross or limit access to agricultural ',and (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 1 Small to Moderate Impact 2 Potential Large Impact [] [] []Yes [] [] fl~Yes [] [] []Yes [] [] []Yes [] [] []Yes [] [] fi]Yes [] [] [~]Yes [] [] []Yes [] [] []Yes [] [] []Yes [] []Yes [] fi]Yes [] []Yes [] []Yes [] []Yes [] ' []Yes [] []Yes 3 Can Impact Be Mitigated By Project Change ~']No []No []No []No ~]No []No fi]No fi]No []No []No fi]No []N~ []No [No [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 Agricultutal District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ONO [~YES (if necessary, use the Visual EAF Addendum in Section 617.21, Appendix Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? [~NO [:]YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially 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 the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site ~nventory. · Other impacts:_. IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 []NO [:]YES · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: 9 I 2 3 Small to Potential ~ Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] I'-~Yes []No [] [] []Yes I'~No [] [] []Yes []No [] [] []Yes []No [] [] ~lyes []No [] [] El-lYes []No [] [] []Yes []No [] [] []Yes E:]No [] [] []Yes []No [] [] []Yes [~No [] ~ ~Yes' ~No ~ ~ ~Yes ~No ~ ~ ~tes ~No ~ ~ ~Yes ~No IMPACT ON TRANSPORTATION 1 Small to 14 Will there be an effect to existing transportation systems? Moderate fi]NO E3YES Impact 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? []NO [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 VVill there be objectionable odors, noise, or vibration as a result of the Proposed Action? fi]NO [YF$ Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambmnt noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a ' Other impacts: IMPACT ON PUBLIC HEALTH 7 Will Proposed Action affect public health and safety? [NO E3YES Examples that would apply to column 2 Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural ~4as or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous Other impacts: 10 potent al Can, Impact Be Large Mitigated By Impact Project Change, [] []Yes E]No [] []Yes [--]No [] []Yes []No [] []Yes I~No [] []Yes []No [] []Yes ['-~No [] [~] Yes []No [] []Yes []No [] []Yes []No [] []Yes []No L [] [] ~]Yes J~No [] []Yes []No [] [] ~]Yes []No [] [] ~]Yes []NO [] []Yes []No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD ~.18. Will proposed action affect the character of the existing community? [:]NO I~YES 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 operating services will increase by more than'5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate 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 projects. · 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 [] [] ~]Yes ~INo [] [] [:]Yes [-']No [] [] [:]Yes []No [] [] E~Yes I-~No [] [] I-IVes []No [] [] ~¥es ~No ~ ~ ~Ves ~No ~ ~ ~Ves ~o ~ ~ ~Ves ~No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? [:]NO I~IYES if Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 _C Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversib ity, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments) 11 · ,, ;3v)-9c 617.21 SEQR '* Appendix B State Environmental Quality Review Visual FAF Addendum .C This form may be used to provide additional information relating to Question ] 1 of Part 2 of the Full EAF. (To be completed by Lead Agency) Visibility l. Would the project be visible from: · A parcel of land which is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An overlook or parcel of land dedicated to public observation, enjoyment and appreciation of natural or man-made scenic qualities? · A site or structure listed on the National or State Registers of Historic Places? · State Parks? · The State Forest Preserve? · Hational Wildlife Refuges and state game refuges? · National Natural Landmarks and other outstanding natural features.') · National Park Service lands? · Rivers designated as National or State Wild, Scenic or 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? · Municipal park, or designated open space? · County road? · State? · Local road? Distance Between Project and Resource (in Miles) 0'1/4 I/4 - ~/2 1/2~3 3-5 5+ 2. Is the visibility of the project seasonal? (i.e., screen'ed by summer foliage, but visible during other seasons) [~]Yes [:]No 3. Are any of the resources checked in question 1 used ~y the public during the time of year during which the project will be visible? E~Yes DESCRIPTION OF EXISTING VISUAL EN¥1RON~ENT 4. From each item checked in question 1, check those which generally describe the environment. surrounding Within *% mile * 1 mile Essentially undeveloped [] [] Forested [] [] Agricultural [] [] Suburban residential [] [] Industrial [] [] Commercial [] [] Urban [] [] River, Lake, Pond [] [] Cliffs, Overlooks [] [] Designated Open Space [] [] Flat [] [] Hilly [] [] Mountainous [] [] Other [] [] NOTE: add attachments as needed 5. Are there visually similar projects within: '1/2 mile []Yes []No * 1 miles [] Yes [] No *2 miles []Yes []No *3 miles []Yes []No * Distance from project site are provided for assistance. Substitute other distances as appropriate EXPOSURE 6. The annual number 6f 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 FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work [] [] [] [] Involved in recreational activities [] [] [] [] Routine travel by residents [] [] [] [] At a residence [] [] [] [] At worksite [] [] [] [] Other [] [] [] [] TO.~~~J~',~LD 8outhold, N.Y. 11~7! (516) 765-1938 p 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? 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 p~rcel? Yes No 3. Are there any building permits pending on this parcel? Yes No 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes No Yes No 6. Was this property the subject of any prior application to the Planning Board? Yes No 7. Does this property have a valid certificat~ . of occupancy, if yes please submit a copy of same Ye~ No * investigating status; if CO not issued, will apply-- for same and provide copy in due course I certify that the above statements are true and will be relied on by the Planning Board in considering this application. ~ ~' ~'~ October 15, 1991 Signature of property owner or authorized agen~ date Stephen L. Ham, III, authorized agent of Frances B. Rauch and R. Stewart Rauchj Jr. Attachment to questionnaire for~the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 15th day of 0ctobe~ , 199~1, before me personally came gteohen L. Ham~ III to me known to be the individual described in' and who executed the foregoing instrument, and acknowledged that he executed the same. E. JANE ~ ~TARY PUBUC, ~l~ Of Notary ~'Public ~..,~ ~ ~;~ SUBMISSION WITHOUT COVER LETTER SUBJECT: ~ - I~.ANNING BOAI~D _~ SUBMISSION WITHOUT COVER LETTER DATE: SENDER: COMMENTS: PUBLISHER'S CERTIFICATE Town of Southold State of Connecticut County of New London, On this ~ ~ t h day of ) ) ss. New London A.D. 1994, personally appeared before [he umdersig-ned, a Notary Public, within and for said Cocmtv and State, J. L. Zfelinsk~ . Letal Advertisin~ Clerk of THE DAY, a dailv newspaper published at New London, Count,,- of New New London, State of Connecticut, who being dui}- sworn, states on oath, that the Order of Notice in the case of Legal Advertising #516 a true cop} of wkdch is hereunto annexed, was pubIished in said newspaper in its issues of the 9th days of .June A.D. 199~. _~; '3-O ,-. Subscribed and sworn to befd~ me [his ~ 6 ~ h A.D. 19 9'~. Notary Public. LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Sec- tion 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 13th day of June, 1994, on the question of the following: 7:30 P.M. Final public hear- ing for the proposed minor subdivision for~Frane~ B. Rauch and R. St~'wm't Rauch, Jr., on Fishers Island, Town of Southold, County of Suffolk, State of of New York. Suffolk County Tax Mat) Number 1000-9-9-22. The property is bordered on the north by land now or formerly of Wilmerding; on the east by Hay Harbor; on the southeast by land now or formerly of Gada; on the south by land now or former- ly of Doherty, by land now or formerly of Haase, by land now or formerly of Faulkner, by land now or formerly of Evans, and by land now or formerly of Miller; on the west by land now or formerly of Wood, by land now or former- ly of Litch, and by land now or formerly of May; and on the northwest by land now or formerly of May, by land now or formerly of Hickey and by land now or formerly of Wilmerding. 7:35 P.M. Final public hear- ing for the proposed lot line change for Thomas A. Palmer and Joan C. Gibbs, in Mat- tituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-123-4-4 & 5. The property is bordered on the northeast by Deep Hole Drive; on the east by land now 05 C'~rmerly of Torre¥; on the southwest by Deep Hole Creek; and on the west by land now or formerly of Villano. 7:40 P.M. Final public hear- ing for the minor subdivision for Peconic Homes, in Mat- tituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-121-3-7.1. The~erty is bordered on the nor'~l~0y Sound Avenue, by land now or formerly of Feinberg and by land now or formerly of Davison; on the northeast by land now or formerly of Macari & Alhadeff; on the east by land now or formerly of Guildi & Miller; on the southeast by Laurel Lake and by land now or formerly of Jahier; on the south byland now or former- ly of Horton; by land now or formerly of Jacoby; and by land now or formerly of San Andres and Saland; and on the west by the open space for the Farmveu Associates Subdivision. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: June l, 1994 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Richard G. Ward, Chairman 1X-6/9/94(3) CO[]'NTY OF ~UF¢OT,K $'?ATE OF NEN YOR~ SS: Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman ence each week for .............................. weeks Sw/~r~ to before me on this ..... /...day of ...................... · ].cO Notary Public BARBARA A. SCHNEIDER NOTARY PUBUC, Stale ot New No. 480684~ Commission Expires - LEGAL NOTICE Notic~ og Public He~--ing NOTICE IS HEREBY GIVEN pursuant to Section 2 Law, a public bearing the Southold Town Plannin at the Town Hall Main Southold, the 13th day of June. question of the following: 7:30 P.M. Final public hearing the proposed minor subdivision Frances B. Rauch and R. [~ auch, .Ir., o~ Southold, Counly of Suffolk, State New York. Suffolk County Tax Map Number 1000-9-9-22. The property is bordered on the north by land now or formerly of Wilmerdlng; on ~he east by Hay Har- bor; on the southeast by land now or formerly of Gada; on the south by hind now or formerly of Doheny. by hnd now or formerly of Haase, by I;uld now or formerly of Faulkner, by land now or formerly of Evans, and by land now or formerly of Miller; on the west by land now or formerly of Wood, by land now or formerly of [.itch. and by land now or formerly of May; and on the notlhwest by land now or formerly of May, by land now or formerly of Hickey and by land now or forracrly of Wihncrding. 7:35 P.M. Final public bearing for Ihe proposed Iol linc change for Thomas A. Palmer and Joan C. Gibbs i,n Matlituck, Town of Southold County of Suffolk, Slate of New York. Suffolk County Tax Map Number 1000-123-4~4 & 5. The property is bordered on the nor:hea$1 by Deep Hole Drive; on the east by land now or formerly of Tor- fey: on the soulhwc$1 by Deep Hole Creek: and on thc west by land now or formerly of ¥iliano. 7:40 P.M. Final public hearing for the minor subdivision for Peconic Homes, in Matthuck, Town of Somhold, County of Suffolk, Slale of New York. Suffolk County Tax Map Number 100-121-3-7.1. The properly is bordered on the noffh by Sound Ave., by land now formerly of Feinberg and by land now el' formerly of Davison; on ~he north- east by land now or formerly of Macari & Alhadeff; on the east by land now or formerly of Guildi & Miller; on the southeast by Laurel Lake and by land now or formerly of ]ahier; on the south by land now or formerly of Hot, on; by [and now or formerly of Jacoby; and by ]and now or formerly o San Andres and Saland; and on the wes! by [he open spa~'e for :he Fannveu Assoc~at~e:i Sb'bdivJsion. Any person desiring to be beard on ~he above runner should appear at the time and place specified. Da:cd: June I, 1994 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Richard G. Ward Chairman 7950- ITJu9 STATE OF NEWARK) ) SS: ~of Mattituck, in said County, being duly sworn, ~ay~ that he/she is Principal Clerk of THE SUI~'OLK TIMES, a Weekly Newspaper, published at Mattituck. in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the ~nnexed is a printed copy, Ires been regular- ly published in said Newspaper once cech week for ~ weeks s~l~:esslvely, ~mmencing on the ~day of ~ 19~. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George RJtchie Latham, Jr, Bennett Ollowski, 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 To: Judy Terry [:rom: Melissa Spiro Minor subdivision for: R. Stewart l~auch, Jr. & Frances B. t~auch SCTM# 1000-9-9-22 Date: June 16, 1994 Attached is check #6097 to the Town of Southold in the amount of $2000 irt payment of park and playground fee relating to the referenced minor subdivision. Please note that this subdivision is located on Fishers Island; therefore, park and playground fee should be earmarked to be used on Fishers Island. Southold Town Plannir Jun( 1994 Public Hearings: Mr. Ward: At 7::50 p.m., Frances B. Rauch and R. Stewart Rauch, Jr. - This minor subdivision is for :5 lots on 10.9 acres located off Equestrian Ave. on Fishers Island. SCTM# 1000-9-9-22. Is the applicant or an agent here of the applicant, who would like to address the Board? If not, what's the pleasure of the Board? Mr. McDonald: I make a motion to close the hearing. Mr. Orlowski: I second it. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr. Ward. Mr. Ward: Motion carried. Mr. McDonald: Mr. Chairman, I'd like to make a further motion that WHEREAS, Frances B. Rauch and R. Stewart Rauch, Jr. are the owners of SCTM# 1000-9~9-22 and John C. Evans is the owner of SCTM# 1000-9-9-16, located off Equestrian Ave. on Fishers Island; and WHEREAS, this minor subdivision is for :5 lots on 10.9 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on August 9, 199:5; and WHEREAS, a final public hearing was closed on said subdivision application at Town Hall, Southold, New York on June 15, 1994; 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 January 27, 1994, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. This condition must be met within six (6) months of the date of this resolution: Five (5) paper prints and two (2) mylars of the final maps, all containing a valid stamp of Health Department approval and a notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision must be submitted. Mr. Edwards: Second the motion. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennelt Orlowski, Jr, Mark S. McDonald Kennelh L Edwards Town Ha/I, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 14, 1994 Stephen L. Ham, III Matthews and Ham 45 Hampton Rd. Southampton,. NY 11968 Re: Minor Subdivision for Frances B. Rauch and R. Stewart Rauch, Jr. SCTM# 1000-9-9-22 Dear Mr. Ham: The following took place at a meeting of the Southold Town Planning Board on Monday, June 13, 1994: The final public hearing, which was held at 7:30 P.M., was closed. The following resolution was adopted: WHEREAS, Frances B. Rauch and R. Stewart Rauch, Jr. are the ownem of SCTM# 1000-9-9-22 and John C. Evans is the owner of SCTM# 1000-9-9-16, located off Equestrian Ave. on Fishem Island; and WHEREAS, this minor subdivision is for 3 lots on 10.9 acres; and WHEREAS, the Southold Town Planning Board, pumuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on August 9, 1993; and WHEREAS, a final public hearing was closed on said subdivision application at Town Hall, Southold, New York on June 13, 1994; and Page 2 Minor Subdivision for Frances B. Rauch and R. Stewart Rauch, Jr. June 14, 1994 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 January 27, 1994, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. This condition must be met within six (6) months of the date of this resolution: 1. Five (5) paper prints and two (2) mylars of the final maps, all containing a valid stamp of Health Department approval and a notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision must be submitted. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman 45 HAHPTON ~0AD $0U~*~T0~, N.Y 11968 TELE(3OPIER 516'~87-1076 June 8, 1994 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Minor Subdivision for Stewart Rauch and Frances Rauch ¢SCTM # 1000-9-9-22) Dear Board Members: I have enclosed a check to the Town of amount of $2,000 in payment of the park and relating to the referenced minor subdivision. Southold in the playground fee We are in the process of having additional mylars and paper prints endorsed by the Suffolk County Department of Health Services and I hope to have them in your hands by your June 13 public hearing. Very truly yours, Stephen L. Ham, III Enclosure 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 May 24, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Stephen L. Ham, III Matthews and Ham 45 Hampton Rd. Southampton, NY 11968 Re: Minor Subdivision for Frances B. Rauch and R. Stewart Rauch, Jr. SCTM# 1000-9-9-22 Dear Mr. Ham: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 24, 1994: BE IT RESOLVED that the Southold Town Planning Board set Monday, June 15, 1994, at ?:30 P.M. for a final public headng on the maps dated Janua~/27, 1994. Please note that the $2,000.00 park and playground fee is due prior to any endorsement of the subdivision. Please contact this office if you have any questions regarding the above. Sincerely, Richard O. Ward Chairman STepHEN L. Hi~, Ill $OUTHA~YTON, N.¥.11~ May 13, 1994 Planning Board Town of Southold Main Road Southold, NY 11971 Attn.: Melissa Spiro Re: Minor Subdivision for Frances B. Rauch and R. (SCTM # 1000-9-9-22) Stewart Rauch, Jr. Dear Melissa: I have enclosed a print of the referenced minor subdivision plan which bears the endorsement of the Suffolk County Department of Health Services. Please arrange to have this matter placed on your calendar for a final public hearing. I will see that at least three mylars and six paper prints bearing the SCDHS endorsement are delivered to you in advance. Those mylars and prints will include the recording information for the Declaration. In addition, we may add the name of the owner of Lot 1, John C. Evans, because the title certification required in connection with recording the map with the Suffolk County Clerk will reflect that he is an owner of a portion of the subdivision. Sincerely, Stephen L. Ham, III Enclosure SOUTHOLD TO ~7~'N PLANNING BOARD PLANNING BOARD MEMBERS Richard O. Ward, Chairman George Rltchie Latham, Jr. Bennett Orlowskl, Jr. Mark S. McDonald Kenneth L. Edwards Telephone (516} 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516} 765 - 1823 December 14, 1993 Stephen L. Ham, III Matthews & Ham 45 Hampton Rd. Southampton, NY 11968 Re: Proposed Minor Subdivision for Frances B. & R. Stewart Rauch SCTM9 1000-9-9-22 Dear Mr. Ham: The following resolution was adopted by the Southold Town Planning Board at a meeting held on December 13, 1993: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from December 14, 1993 to June 14, 1994. Please contact this office if you have any questions regarding the above. Sincerely,. Richard G. Ward 4Mr Chairman STEpItEI~' L. HAM, III Planning Board Town of Southold Main Road Southold, NY 11971 MATTHEWS & H.~ ATTORNEYSANDCOUNSELLORSATLAw SOUTHAMPTON, N.Y. 11988 November 19, 1993 Re: Minor Subdivision for R. Stewart Rauch, Jr. and Frances B. Rauch at Fishers Island [SCTM # 1000-9-9-22) Dear Board Members: I have enclosed a conformed copy of the Declaration required to be filed in connection with the referenced minor subdivision application. The Declaration was recorded in the Office of the Suffolk County Clerk on October 15, 1993 in Liber 11648 page 203. Application has been made to the Suffolk County Department of Health Services for its approval. However, it is possible that we will not be in a position to submit final maps before sketch plan approval expires on or about December 15. Therefore, I respectfully request that you extend your sketch plan approval for this minor subdivision for an additional six months to June 15, 1994. Please let me know immediately if you anticipate any problem with granting this request. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III BOX~ES 5 TI.IRU 9~UST BE TYPED ~ RINTED 1N BLACK INK ONLY R TO RECORDING OR FILING. S UFFOLI( CO UN(IT CEERK Nmnber of pages Scrhd # Certificate # Deed / Mortgage lnstrumcal lhmdling ~' ~: NOV 2 21902 Deed / Mortgage Tax Stamp ]ES TP-SB4 Notation EA-5217 (County) EA-5217 (State) ILP. T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy ~!/Other Sub Total Sub Total ~.~ GRAND TOTAL Real Properly T · ax Service Agency Verification 1000 009.00 09.00 022.000 Recording / Filing Stamlls Mortgage Amt. 1. Basic Tax 2. SONY/VIA Sub Total 3. Spcc./Add. TOT. MTG. TAX ~' Dual Town _Dual County Held for Appo~t~i~nmcnt Transfer Tax Mansion Tax The property covered by this is or will be iml)roved by a role or two fanfily dwelfing only. YES or NO I)roprinle tax ~e Dn Title Company lnformfltim~ ' FEE PAID :: BY: __ Cash~Check_X _ Charg~ Payer same as R & R..~..X ::) R: Coral)any Name Number Stephen L. Ham, III, Esqr Matthews & Ham 45 Hampton Road Southampton NY 11968 RECORD & RETURN TO Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION of Covenan Frances B. Ranch and R. Stewart Rauch, Jr. '~ ~'TO Town of Southold (Deed, iVl~h-~a~e, etc.) made by: Tile premises herein is Situated ill SUFFOLK COUNTY, NEW YORK. In the TOWN of _ ~ovft~o~.l> the VILLAGE or IIAMLET of _ DISTRICT 1000 SECTION 009.00 BLOCK 09.00 LOT 022.000 Stewart day of October, 1993, by JR., both now residing at Pennsylvania, hereinafter DECLARATION DECLARATION, made the ~ FRANCES B. RAUCH and R. STEWART RAUCH, 928 Merion Square Road, Gladwyne, referred to as the Declarants. W~EREAS, the Declarants are the owners of certain real property situate at~ Fishers Island, Town of Southold, Suffolk County, New York, shown as Lot 2 and Lot 3 on the map entitled "Minor Subdivision Plan - Property of Frances B. Rauch and R. Rauch, Jr.", prepared by Chandler, Palmer & King, dated ~February 22, 1993 and revised 3 May 1993 and September 29, 1993, which map is to be filed in the Office of the Suffolk County Clerk : (the "Minor Subdivision Map") , said real property being more !~particularly described on Schedule A hereto; and WHEREAS, the Declarants have made application to the iPlanning Board of the Town of Southold for approval of a minor subdivision as shown on the Minor Subdivision Map to create three separate legal building parcels shown as Lots 1, 2 and 3 thereon, said Lot 1 having been previously transferred to John C. Evans and said Lot 2 and Lot 3 being more particularly described on !iSchedules B and C hereto, respectively; and WHEREAS, for and in consideration of said granting of approval, the Planning Board of the Town of Southold has deemed it i to be in the best interests of the Town of Southold and the owner and prospective owners of said Lot 2 and Lot 3 that the within covenants and restrictions be imposed on said Lots, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Office of the Suffolk CoUnty Clerk; and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interests of the Declarants and subsequent owners of said Lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said Lot 2 and Lot 3 described on Schedule B and Schedule C hereto, respectively, shall hereinafter be subject to the following covenants which shall run with the~ land and shall be binding upon all purchasers of said premises,i their heirs, executors, legal representatives, dlstrlbutees, i successors and assigns, to wit: 1. There shall be no further subdivision of either Lot 2 or Lot 3 in perpetuity. 2. Clearing and grading to the seaward side of the building envelope for Lot 2 as shown on the Minor Subdivision Map shall be limited to that necessary for removal of diseased, decayed and dead materials. 3. Erosion and sediment control measures shall be required during and immediately after construction to insure thatl stormwater runoff will not carry eroded and other materials into Hay Harbor. 4. No stormwater .runoff resulting from the and improvement of the subdivision or any discharged into Hay Harbor. deleterious development of its Lots shall be 5. This Declaration can be modified only at the request of the then owner of the said Lot 2 or Lot 3, with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarants above named have executed the foregoing above written. Declaration as of the day and year first Frances B. Rauc~ R. Stewart Rauch, Jr. ~COMMONWEALTH OF PENNSYLVANIA ) ss.: On the ~ ~ day of October, 1993, before me personally i~appeared Frances B. Rauch and R. Stewart Rauch, Jr., to me known !land known to me to be the individuals described in and who ilexecuted the foregoing instrument and they acknowledged to me that i~they executed the same. Notary Public ANN M, KOLETAS, Nom~ Public Lower Merion. Mon~gome~ Co. , My Commission Exoires July 19 997 SCH~ A LOT e2,~ ._,~ -. FRANCES B. ~.~UCH 5,.. R. STEWART RAUCH, JR. 9/29/9~ BEGINNING a~ a monomen~ on ~he Easterly side ~ a 35 ~ot right o~ way at the dividing line between the herein described ~- -~ u~au,, and land now ~r ¥~rmerl,/. o~ A. J~hn Gada,. said m~nument being located 1~.~.~9.~'~ ~ ~ee~ North o~ a point which is 4,626.69 '6eet West e~ a monument marking U.S. Coast and Geodetic Survey Triangulation Station "PROS" end running thence South 31 degrees 18 minutes East 232.75 ~eet to a poic~t at the Northerly end e~ Equestrian Avenue; thence S~oth 62 de~rees 0(] minutes 00 seconds West == '~ · - ~ ~.~.d6 ~eet to a point, thence North 3i degrees ~8 minutes 00 seconds West 230.75 ~eet to a point; thence South 62 degrees 26 minutes 00 seconds West 50.00 ~eet to a point; thence South 31 degrees 18 minutes 00 seconds East 50.00 ~eet to a point; thence South 62 degrees 26 minutes 00 seconds West 156.66 ~eet to an iron pipe; thence North 35 degrees 19 minutes 00 seconds West 8,'.0~ ~eet to a drill hole; thence continuing North 33 degrees 19 minutes 00 seconds West 374.4(} ~eet to an iron pipe; thence North 18 degrees 36 minutes 00 seconds West 216.92 ~eet to a monument; thence North 65 degrees 31 minutes 00 seconds East 336.96 ~eet to the high water mark o~ Hay Harbor; thence Southerly and Southeasterly along the said high water mark o~ Hey Harbor 535 ~eet, more or less to a point; thence South 08 degrees 38 minutes 20 seconds East 95 ·eet more or less to a monument; thence South 42 degrees 45 minutes 30 seconds West 125.00 ~eet to the monument at the point o~ beginning; the last two lines abutting Easterly and Southeasterly on said land now or ~ormerly o~ A. John Gada. Containing 5.34 Acres more or less. Subject to a right of way 35 feet in width, the centerline of which being described as follows: BEGINNING at a point located South 18 degrees 36 minutes 00 seconds East 31.29 feet from a monument located 1,469.85 feet North of a point which is 5,126.07 feet West of said "PROS" monument and thence running South 73 degrees 44 minutes 00 seconds East 117.91 feet to a point; thence South 75 degrees 05 minutes 00 seconds East 131.18 feet to a point; thence South 46 degrees 53 minutes 00 seconds East 118.53 feet to a point; thence South 30 degrees 42 minutes 00 seconds East 521~3 feet more or less to the Northerly end of Equestrian Avenue.. Sobject also to rights for existing otility lines crossing the above describe~ tract. SCHEDULE B LOT ~? - FRANCES B. F~.HuuH xEmiNNiNG at a monument at the Northwesterly corner o~ the herein m ~-~= u~u~, said monument b~n~ located ~,469.85 +eet North of a d_s~, ~b~d ~ -=-+ =~ ~ ,, - _ point whirh i~ 5~126.07 'Fee~ We_t o~ a monument marking U.S. Coast and Geodetic Sorvey Triangula'Lion Station "PROS" and running thence North 65 degrees 31 minutes 00 seconds East 336.96 ~eet to the high water mark o~ Hay Harbor; thence Southerly and Southeasterly along the said high water mark oF Hay Harbor 270 ~eet, more or less to a point; thence South 54 degrees 40 minutes 27 seconds West 154 Feet, more or less to a point; thence South 43 degrees 24 minutes 16 seconds West 226.66 ~eet to a point; thence North 33 degrees 19 minutes 00 seconds West 100.~00 feet to an iron pipe; thence North 18 degrees 36 minutes 00 seconds West 216.92 ~eet to the monument at the point of: beginning. Containing 1.91 +/- Acres Together with a right of way 35 feet in width, the centerline of which being described as follows: BEGINNING at a point at the end of the third line in the above description, said point being located 1,345.38 feet North o~ a point which is 4,846.19 feet West of a monument marking U.S. Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 46 degrees 53 minutes 00 seconds East 77.52 feet to a point; thence South 3} degrees 42 minutes 00 seconds East 521..3 feet, more or less to the Northerly end of Equestrian Avenue. ' Subject to a right of way 35 feet in width, the center-line of which being described as follows: BEGINNING at a point at the end of the third line in the above description, said point being located 1,345.38 feet North o~ a point which is 4,846.19 feet West of a monument marking U.S. Coast and Geodetic Survey Triangulation Station "PROS" and running thence North 46 degrees 53 minutes 00 seconds West 41.01 ~eet to a point; thence North 75 degrees 05 minutes 00 seconds West 131.18 feet to a point; thence North 73 degrees 44 minutes 00 seconds West 117.91 'Feet to a point; said point being located South 18 degrees 36 minutes 00 seconds East 31.29 feet from the monument at the Northwesterly corner of the above described lot. Subject also to rights for- existing utility lines crossing the above described tract. 11648 203 SCHEDULE C BEGINNING at a monument on the E- '~,-'-' ~s~__~.. L¥ side of a 35 Foot right way st the dividing line betweec~ the herei'~ described tract and land ~m .... John Gads said ..... -~ being ~ ..... ,u .... ~ .... ~u~e~ 1, _~.29 ~eet North o'F a point which is 4,626.69 ~eet West c,~ a monument marking U.S. Coast and Geodetic'~ucvey ~.~ngu~at~on~- ' ' Stati,~n "PROS" and running thence South 31 degrees 18 minutes East 232.75 Feet to a point ak the Northerly end ~ Equestrian Avenue; thence South 62 degrees 00 minutes 00 seconds West 35.06 ~eet to a point; thenc~ North 31 degrees 18 minutes 00 seconds West 230.75 Eeet to a point; thence South 62 degrees 26 minutes 00 seconds West 50.00 ~eet to a point; thence South 31 degre.es 1E~ minutes 00 seconds East 50.00 Eeet to a point; thence South 62 degrees 26 minutes 00 seconds West 156.66 Eeet to an iron pipe; thence North 33 degrees 19 minutes 00 seconds West 87..05 Eeet to a drill hole; thence continuing North 33 degrees 19 minutms 00 seconds West 274.40 ~eet to a point; thence North 43 degrees 24 minutes 16 seconds East 226.66 ~eet to a point; thence North 54 degrees 40 minutes 27 seconds East 154 ~eet, more or less to the high water mark o~ Hay Harbor; thence Southerly along said high water mark about o = =6~ Eeet to a point at said land now or Eormerlv o~ A. John Gada; thence South 08 degrees 38 minutes 20 seconds Eas~ 95 ~eet more or less to a monument; thence South 42 degrees 45 minutes 30 seconds West 125.00 ~eet to the monument at the point beginning; the last two lines abutting Easterly and Southeasterly on said land now or formerly o~ A. John Gada. Containing 3.43 acres more or less. Subject to a right of way 35 feet in width, the centerline of which being described as follows: BEGINNING at a point at the end of the ninth line in the above description, said point being located 1,345.38 Feet North oF a point which is 4,846.19 feet West of a monument marking U.S. Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 46 degrees 53 minutes 00 seconds East 77.52 feet to a point; thence South 30 degt-ees 42 minutes 00 seconds East 521.3 feet, more or less to the Northerly end of Equestrian Avenue. Subject also to rights ~or existing utility lines crossing the above described tract. PLANNING BOARD MEMBERS Richard G. Ward. Chairman George Rltchie Latham, Jr. Bennett Orlowski. Jr, Mark S, McDonald Kenneth L. Edwards Telephone [516} 765-1938 TO: FROM: RE: DATE: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hail, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax {516) 765 - 1823 Harvey A. Arnoff, Town Attorney Melissa Spiro, Planner ~. Declaration of Covenants and Restrictions Minor Subdivision Frances B. and R. Steward Rauch Fishers Island SCTM# 1000-9-9-22 October 12, 1993 Enclosed please find a copy of the draft Covenants and Restrictions for the above mentioned subdivision for your legal review. All requests of the Planning Board have been included in the document. OCT I 4 1993 Planning Board Town of Southold Main Road Southold, NY 11971 ATTORNEYS AND COUNSELLORS AT LAW 4~ H~VrOS RO&V October 4, 1993 Attn.: Melissa Spiro Re: Minor Subdivision for Frances B. Rauch and R. Stewart Rauch, Jr. at Fishers Island (SCTM # 1000-9-9-22) Dear Melissa: I have enclosed a proposed Declaration containing covenants and restrictions which I believe should satisfy the Board's requirement as set forth in its letter to me of August 10, 1993. Please review it with the Town Attorney and give me a call to confirm that it is acceptable or to advise me of any changes or additions that need to be made. Sincerely, Stephen L. Ham, III Enclosure I SOUL'I(JLD TOWN j J PiA~'JN!NG DECLARATION DECLARATION, made the day of octOber, 1993, by FRANCES B. RAUCH and R. STEWART RAUCH, JR., both now residing at 928 Merion Square Road, Gladwyne, Pennsylvania, hereinafter referred to as the Declarants. WHEREAS, the Declarants are the owners of certain real property situate at Fishers Island, Town of Southold, Suffolk County, New York, shown as Lot 2 and Lot 3 on the map entitled "Minor Subdivision Plan - Property of Frances B. Rauch and R. Stewart Rauch, Jr.", prepared by Chandler, Palmer & King, dated February 22, 1993 and revised 3 May 1993 and September 29, 1993, which map is to be filed in the Office of the Suffolk County Clerk (the "Minor Subdivision Map"), said real property being more particularly described on Schedule A hereto; and WHEREAS, the Declarants have made application to the Planning Board of the Town of Southold for approval of a minor subdivision as shown on the Minor Subdivision Map to create three separate legal building parcels shown as Lots 1, 2 and 3 thereon, said Lot 1 having been previously transferred to John C. Evans and said Lot 2 and Lot 3 being more particularly described on Schedules B and C hereto, respectively; and WHEREAS, for and in consideration of said granting of approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of said Lot 2 and Lot 3 that the within covenants and restrictions be imposed on said Lots, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Office of the Suffolk County Clerk; and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interests of the Declarants and subsequent owners of said Lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said Lot 2 and Lot 3 described on Schedule B and Schedule C hereto, respectively, shall hereinafter! be subject to the following covenants which shall run with thel land and shall be binding upon all purchasers of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. There shall be no further subdivision of either Lot 2! or Lot 3 in perpetuity. 2. Clearing and building envelope for Lot 2 shall be limited to that decayed and dead materials. grading to the seaward side of the as shown on the Minor Subdivision Ma necessary for removal of diseased,i 3. Erosion and sediment control measures shall required during and immediately after constr~ction to insure thati stormwater runoff will not carry eroded and other deleteriousi materials into Hay Harbor. i 4. No stormwater runoff resulting from the development~ and improvement of the subdivision or any of its Lots shall be discharged into Hay Harbor. , 5. This Declaration can be modified only at the request of the then owner of the said Lot 2 or Lot 3, with the approval of a majority plus one of the after a public hearing. entitled to not.ice of such Planning Board of the Town of Southold Adjoining property owners shall be public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the executed the foregoing Declaration above written. Declarants above named have as of the day and year first Frances B. Rauch R. Stewart Rauch, Jr. COMMONWEALTH OF PENNSYLVANIA ) ss.: COUNTY OF ) On the day of October, 1993, before me personally appeared Frances B. Rauch and R. Stewart Rauch, Jr., to me known and known to me to be the individuals described in and who executed the foregoing instrument and they acknowledged to me that they executed the same. Notary Public SCHi ~LE A LOT ~2 & 3 FRANCES B. RAUCH & R. STEWART RAUCH, JR. 9/29/93 BEGINNING at a monument on the Easterly side of a 35 foot right o~ way at the dividing line between the herein described tract and land now or formerly of A. John Gada, said monument being located 1,052.29 feet North of a poin~ which is 4,626.69 ~eet West of a monument marking U.S. Coast and Geodetic Survey Triangulation Station "PROS" and running thence Souti~ 31 degrees 18 minutes East 232.75 ~eet to a point at the Northerly end o~ Equestrian Avenue; thence South 62 degrees 00 minutes 00 seconds West 35.06 feet to a point; thence North 31 degrees 18 minutes 00 seconds West 230.75 feet to a point; thence South 62 degrees 26 minutes 00 seconds West 50.00 feet to a point; thence South 31 degrees 18 minutes 00 seconds East 50.00 feet to a point; thence South 62 degrees 26 minutes 00 seconds West 156.66 feet to an iron pipe; thence North 33 degrees 19 minutes 00 seconds West 87.05 feet to a drill hole; thence continuing North 33 degrees 19 minutes 00 seconds West 374.40 feet to an iron pipe; thence North 18 degrees 36 minutes 00 seconds West 216.92 feet to a monument; thence North 65 degrees 31 minutes 00 seconds East 336.96 feet to the high water mark of Hay Harbor; thence Southerly and Southeasterly along the said high water mark of Hay Harbor 535 feet, more or less to a point; thence South 08 degrees 38 minutes 20 seconds East 95 feet more or less to a monument; thence South 42 degrees 45 minutes 30 seconds West 125.00 feet to the monument at the point of beginning; the last two lines abutting Easterly and Southeasterly on said land now or formerly o~ A. John Gada. Containing 5.34 Acres more or less. Subject to a right of way 35 feet in width, the centerline of which being described as follows: BEGINNING at a point located South 18 degrees 36 minutes 00 seconds East ~1.29 feet from a monument located 1,469.85 feet North of a point which is 5,126.07 feet West of said "PROS" monument and thence running South 73 degrees 44 minutes 00 seconds East 117.9I feet to a point; thence South 75 degrees 05 minutes 00 seconds East 131.18 feet to a point; thence South 46 degrees 53 minutes 00 seconds East 118.53 feet to a point; thence South 30 degrees 42 minutes 00 seconds East 521.3 femt more or less to the Northerly end of Equestrian Avenue. Subject also to rights for existing utility lines crossing 'the above described tract. SCHEDULE B LOT ~2 - FRANCES ~ RAUCH ~ R. ~w-' .... ~'- ;~ ~ , ~W~R , RAUCH, JR. 9,.,'2~,,'~] BEGINNING at a monument at the Northwesterly corner o~ the herein described tract, said monument being located 1,469.85 feet North o~: a point which is 5,126.07 feet West of a monument marking LI.S. Coast and Geodetic Survey Triangulation Station "PROS" and running thence North 65 degrees 31 minutes 00 seconds East 336.96 feet to the high water mark of Hay Harbor; thence Southerly and Southeasterly along the said high water- mark of Hay Harbor 270 feet, more or less to a point; thence South 54 degrees 40 minutes 27 seconds West 154 feet, more or- less to a point; thence South 43 degrees 24 minutes 16 seconds West ~ ~6.66 feet to a point; thence North 33 degrees 19 minutes 00 seconds West 100.00 feet to an iron pipe; thence North 18 degrees 36 minutes 00 seconds West~ ~16.9~ feet to the monument at the point of: beginning. Containing 1.91 +/- Acres Together' with a right o~ way 35 feet in width, the centerline of which being described as follows: BEGINNING at a point at the end of the third line in the above description, said point being located 1,345.38 feet North of a point which is 4,846.19 ~eet West of a monument marking U.S. Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 46 degrees 53 minutes 00 seconds East 77.52 feet to a point; thence South 30 degrees 42 minutes 00 seconds East 521.3 feet, more or less to the Northerly end of Equestrian Avenue. Subject to a right o~ way 35 feet in width, the centerline of which being described as ~ollows: BEGINNING at a point at the end of the third line in the above description, said point being located 1,345.38 feet North of a point which is 4,846.19 feet West of a monument marking U.S. Coast and Geodetic Survey Triangulation Station "PROS" and running thence North 46 degrees 53 minutes 00 seconds West 41.0t feet to a point; thence North 75 degrees 05 minutes 00 seconds West 131.18 feet to a point; thence North 73 degrees 44 minutes 00 seconds West 117.91 feet to a point; said point being located South 18 degrees 36 minutes 00 seconds East 31.29 feet from the monument at the Northwesterly corner of the above described lot. Subject also to rights for- existing utility lines crossing the above described tract. SCHEDULE C LOT ~3 FRANCES B. RAUCH & R. STEWART RAUCH, JR. 9/29/93 BEGINNING at a monument on the Easterly side of a 35 ~oot right of way at the dividing line between the herein described tract and land now or ~ormeriv of A. John Gada~ said monument being ~ ...... ~ ~ feet North of a point which is 4,626.69 ~eet West of a monument marking U.S. Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 31 degrees 18 minutes East 232.75 ~eet to a point at the Northerly end of Equestrian Avenue; thence South 62 degrees 00 minutes 00 seconds West 35.06 feet to a point; thence North 31 degrees 18 minutes 00 seconds West 230.75 ~eet to a point; thence South 62 degrees 26 minutes 00 seconds West 50.00 feet to a point; thence South 31 degrees 18 minutes 00 seconds East 50.00 ~eet to a point; thence South 62 degrees 26 minutes 00 seconds West 156.66 ~eet to an iron pipe; thence North 33 degrees 19 minutes 00 seconds West 87.05 feet to a drill hole; thence continuing North 33 degrees 19 minutes 00 seconds West 274.40 feet to a point; thence North 43 degrees 24 minutes 16 seconds East 226.66 feet to a point; thence North 54 degrees 40 minutes 27 seconds East 154 feet, more or less to the high water mark of Hay Harbor; thence Southerly along said high water mark about 265 ~eet to a point at said land now or formerly of A. John Gada; thence South 08 degrees 38 minutes 20 seconds East 95 ~eet more or less to a monument; thence South 42 degrees 45 minutes 30 seconds West 125.00 feet to the monument at the point of beginning; the last two lines abutting Easterly and Southeasterly on said land now or formerly of A. John Gada. Containing 3.43 acres more or less. Subject to a right o~ way 35 feet in width, the centertine of which being described as follows: BEGINNING at a point at the end of the ninth line in the above description, said point being located 1,345.38 feet North of a point which is 4,846.19 feet West o~ a monument marking U.S. Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 46 degrees 53 minutes 00 seconds East 77.52 feet to a point; thence South 30 degrees 42 minutes 00 seconds East 521.3 ~eet, more or less to the Northerly end of Equestrian Avenue. Subject also to rights for existing utility lines crossing the above described tract. File Number: N1--473800--00878 PLANNINO BOARD MEMBERS Richard O, Ward, Chairman George 1~3tchie Latham, Jr. Bennett Orlowski, Jr, Mark S. McDonald Kenneth L, Edwards Telephone [516} 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO/T L. HARPJS Sup~r~sor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 August 10, 1993 Steven L. Ham, III Matthews & Ham 45 Hampton Road Southampton, New York 11968 RE: Proposed Minor Subdivision for Frances B. & R. Stewart Rauch SCTM# 1000-9-9-22 Dear Mr. Ham: · The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 9, 1993: Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency status, and as lead agency, makes a determination of .non-significance, and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Sincerely, Richard G. Ward Chairman enc. PLANNING BOARD MEMBERS Richard G, Ward, Chairman George Ritehle Latham, Jr, Bennett Orlowski. Jr, Mark S. McDonald Kenneth L. Edwards Telephone [516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P, O, Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 August 9, 1993 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: SCTM#:. Location: SEQR Status: Francis B. Rauch & R. Stewart Rauch, Jr. 1000-9-9-22 North of Equestrian Ave., Fishers Type I (X) Unlisted ( ) Conditioned Negative Declaration: Yes No Description of Action: ( (x) Minor subdivision of 10.9 acre parcel into 3 lots Island Page 2 SEQRA Negative Declaration - Rauch August 9, 1993 Reasons Supporting This Determination: The subject property is located in the Residential R-80 District, allowing single family residential development on lots of 80,000 square feet or more. The subdivision calls for 3 lots in excess of 80,000 square feet. A Declaration of Covenants and Restrictions will be provided stating that there shall be no further subdivision of Lot 2 or 3 in perpetuity. e An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Correspondence has been received from the Suffolk County Department of Health Services (SCDHS). The SCDHS has no objection to the Planning Board's designation as lead agency. The applicant must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. The Planning Board has not received correspondence from the New York State Department of Environmental Conservation in the allotted time, therefore, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 CC: Thomas Jorling, DEC Albany Roger Evans, DEC SUNY Judith Terry, Town Clerk Suffolk County Dept. Health Services Suffolk County Planning Commission Board of Trustees Applicant PLANNING BOARD MEMBERS Richard O. Ward. Chairman George Rltchie Lathan~ Jr. Bennett Orlowsld, Jr. Mark $. McDonald Kenneth L. Edwards Telephone {516) 765-1938 August 10, 1993 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARPJs Super~sor Town Ha]]. 53095 Main Road P, O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 Steven L. Ham, III Matthews & Ham 45 Hampton Road Southampton, New York 11968 RE: Proposed Minor Subdivision for Frances B. & R. Stewart Rauch SCTM# 1000-9-9-22 Dear Mr. Ham: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 9, 1993: Be it RESOLVED to override the July 7, 1993 Suffolk County Planning Commission report for the following reason: .The Southold Town Trustees reviewed the proposed subdivision and determined that the existing and proposed retaining walls are not bulkheads per se and are essentially a soil retentive feature protecting the steep slopes as opposed to a "sea-keeping,, structure. Section 100-239.4 A of the Southold Town Code precludes the need for a 75 foot building setback from this type of retaining wall. In addition, the proposed building is located at least 75 feet landward of the wetland line. The Planning Board is also requiring that a Declaration of Covenants and Restrictions be filed to include the following: 1. There shall be no further subdivision of either Lot 2 Or Lot 3 in perpetuity. 2. Clearing and grading to the seaward side of the building envelope shall be limited to that necessary for removal of diseased, decayed and dead materials. 3. Erosion and sediment control measures shall be required during and immediately after construction to insure that Stormwater runoff will not carry eroded and other deleterious materials into Hay Harbor. Frances B. & R. August 10, 1993 Page 2 Stewart Rauch No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into Hay Harbor. o These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. The above mentioned covenants and restrictions must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman cc: Suffolk County Planning Commission Southold Town Trustees Frank Cichanowicz enc. DEPARTMENT OF PLANNING county of SUffOlK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE P~ ARthUR H. KUNZ DIRECTOR OF PLANNING July 7, 1993 Mr. Richard Ward, Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Minor Subdivision - Frances B. Rauch & R. Stewart Rauch, Jr. Northerly end of Equestrian Avenue adjacent to Hay Harbor, Fishers Island, Town of Southold, New York. Dear Mr. Ward: The Suffolk County Planning Commission at its regular meeting on July 7, 1993, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Frances B. Rauch & R. Stewart Rauch, Jr." 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-93-07 FD:mb Attachment cc: J. Baler, C.E., SCDHS Very .tlm;,tN yours, ~rank Dowli~ Sr. Subdivision ~Review Planner Division H LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAy · HA UPPAUGE. NEW YORK I t 788 · {5 I 6) 853-5192 File No. S-SD-93-07 Resolution No. ZSR-93-82 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, 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 June 17, 1993, with respect to a proposed plat entitled, "Minor Subdivision - Frances B. Ranch & R. Stewart Rauch, Jr." submitted by the Town of Southold Planning Board affecting premises located on the northerly end of Equestrian Avenue adjacent to Hay Harbor, Fishers Island, in the Town of Southold, New York, and said referral was considered by the Suffolk County Planning Commission at its meeting on July 7, 1993, 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 modified, as the report of the Commission, Be It Further That said proposed plat is disapproved for the following reason: In accordance with Suffolk County Planning Commission policy and guidelines as outlined in Informational Bulletin No. 9, no proposed residential structure is to be located within 100 feet of the top edge of a bluff. The Commission also offers the following comment on the map: A more acceptable subdivision could be developed if the parcel was subdivided along the existing 35 foot R.O.W. with a provision being made for access to Hay Harbor for the lot on the westerly side of the road. Motion by: Comm~ssioner Capobianco Seconded by: Co~a~issioner Stahlman Commission Vote: 12 Present - Yeas 12 Nays 0 Abstentions 0 Dated July 7, 1993 Hauppange, New York Suffolk County Planning Commission E N VI RO N M E NT~LI~[~/~/~G CONSULTANTS August 4, 1993 Mr. Richard G. Ward, Chairman Southold Planning Board P.O. Box 1179 Southold, NY 11971 RE: Review of EAF Francis B. & R. Stuart Rauch Dear Dick: On July 27th a site inspection was carried out on Fishers Island for the above referenced application. We have reviewed the minor subdivision map and the Environmental Assessment Form Part I. The EAF Part I has been corrected as necessary. In addition, an EAF Part II has been completed. Copies of both are attached. It is our recommendation that a negative declaration be prepared with regard to the proposed subdivision; however, during site visits several questions were raised regar.ding the location of the proposed house. Initially, it was felt that the house would be better situated west of the service road on the flat section of the highpoint of the site. This would remove the house from the extremely steep slopes adjacent to Little Hay Harbor. We recognize that concern was exDr, essed by the attorney for the applicant that this alternate site was the location of the ~vtononotto Inn and that the site could present development constraints because of the existance of debris. This concern could not be confirmed through walkover field inspections. The location proposed on the subdivision map is currently level and maintained as a lawn area. Construction in this area would limit impacts to any natural habitats; however, the configuration of the buildable area between the existing stone retaining wall and the service drive is limited. It is estimated that the proposed house will have a setback of less than 30' from the access drive. It should be noted that this access drive is the only road for approximately 7 residences. By shifting the proposed house to the north (flipping proposed septic system and house) a greater setback would be achieved between the existing roadway and the house. In doing this a side yard variance would be required as it would bnng the house within 75' of the property line. '~ I hope the above information has been of assistance and i~nything further, please feel free to contact us. · Very r* urs' . W. Cramer, ASLA 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455 . ' - Appen'dix A I1~1/ State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT F~)R~ ' I l Purpose:-Th~Jull EAE is designed to help apphcants and agencies determine, in an u~u~,,y ,,,~,,,,~r. w~R~?n~, · d pr([lect 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 ca~ be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of iqformation 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 a~d 3. Part 2: Focuses on identifying the ranBeof 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 mpact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 J~Part 3 Upon rewew of the information recorded on this EAF (Parts 1 and 2 and 3 if appropr ate), 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 im.pact on the environment, therefore a negative declaration will be prepared. [] [3. 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 impo'rtant impacts that may have a significant impact on the environment, therefore a positive.declaralion will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency ,¢ Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (If different from responsible officer) Date PART 1--PROJECT INFORMATION , Prepared by Project Sponsor , NOTICE: This document s designed to assist in determining whether the action proposed may havea significantefl~ on the environment. Plea e complete the entire form, Parts A through E. Answers to these questions will be (~onside as part of the application I or approval and may be subject to further verification and public review. Provide any additio information you believe will be needed to complete Parts 2 and 3. It is expected tha't'(~)r~pk tion of the full EAF will be dependent on i'nformation curi'ently available and will not invo new studies, research or in/estigation. If information requiring such additional work is unavailable, so indicate and spec each instance. NAME OF ACTION Minor Subdivision of Frances B. Rauch and R. Stewart Rauch, Jr. LOCATION OF ACTION (Include Slreet Address, Municipalily and Courtly) Private Road off ~uestrian Avenue, Fishers Island, Suffolk County NAME OF APPLICANT/SPONSC~ i I BUSINESS TELEPHONE .. Stephen L. Ham, III, as authorized agent ADDRESS - (516) 283-2400 45 Hampton Road CiTY/PO Southampton I STATE ZIP CODE NAME OF OWNER (it different) NY 11968 . Frances B. Rauch a id R, Stewart Rauch, Jr. t 8USINESS TELEPHONE ADDRESS ( ) 928 Merion Square :{oad Gladwyne t STATE Z~P CODE DESCRIPTION OF ACTION PA 19035 subdivision of app]'oxlmately 5.2--acre parcel into two lots, one of whlch ls already improved w~th a single-family dwelllng and the second of which w111 be available for conslruction of another single-family dwelling Please Complete Each Ques ion--Indicate N.A. if not applicable A. Site Description · Physical setting of overall p'oject, both developed and undeveloped areas. 1. Present land use: ~lUiban ~]lndustrial ~]CommerciaJ ~IFc rest ~Agr~/ure ~]Othei; 2. Total acreage of proiect ~ rea: ~, .,~ f~ ~ ~::X)I~L,~,,/ acres. APPROXIMATE ACREA :E Meadow or Brushland (qon-agricultura0 Forested Asricultural (Mdudes o~chards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, eart~ or fill) Roads, buildings and od er paved surfaces Other (Indicate type)__. ~l~'Residential (suburban) r~Rural (non-farm 4~._42 -- PRESENTLY AFTER COMPLETION acres 4.37 acres acres 0 -- acres .12 acres · 25 acres acres ,41 acres 3. What is predominant soil type(s) on project site? ~-'~ ) CpE::: acte~ a. Soil drainage: ~]Well drained ~0{3 % of s. ite FqModerately well drained % et *ne E~]Pcorly drained _ % of site b. If any agricultural land is invo ved. how many acres of soil are classified within soil group I throm:h 4 ,~l ~':,. '-,'~ Laqd Classification System? _n/a _ acres. (See I NYCRR 370). ~ 4. Are there bedrock outcroPFings on project site? ~]Yes I~qNo a. VVhat is depth to bedrock? e. 600 __ (in feet) " . stant~ally contiguous to or contain a build n, i · · ~,,//~, Reg,st. ers of Histonc Places? ~]Yes ~]No g, s re, or d,str~ct, hs,ed on the State or the Natonal ~k. . Is prolect !ubstanballycontlguous toa ;ite listed on the Register of Nato ~ 8. What ~s the depth of the water table? __)~16 (in feet) hal Natun I Landmarks? [~]Yes ~No 9. Is site located over a primary, principal, or sole Source aquifer? [~Yes [~N, 10. Do hunting, fishing or shell fishing opportunities presently exist in the project are ~? [][]Yes E]No 11. Does project site contain any specie~ of plant or animal life that is identifie(r as threatened or endangered? I-lYes ~No According to J.M.O. Consult~n~, P.O. Box 4~?, Quogue, NY 11959 Identify each species __ " __ _ 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dun~s, other geological formations) 13. Is the project site presently used by the community or neighborhood as an cpen space or recreation areal If yes, exp ain __ . E]Yes 14. Does the present site include scenic views known to be important to the commur tV?-- -- ~3Yes ~.No 1.5. Streams wKhin or contiguous to project area: a. Name of Stream and name o: River to which it is ~ributarv ~ 36. Lakes, ponds, wetland areas within or contiguous to project area: a. Name Little .Hay Harbor 17. Is the site served by existing public ut es? ~]Yes [~No -- b. Size (h, acres) __unknown a) If Yes, does sufficient capacity exist to allow connection? [~]Yes [~]No b) If Yes, will improvements' be necessary to allow connect on? [~Yes 18. Is the site located in an agricultural district certified pursuant to Agriculture ane Markets Law, Article 25-AA, Section 303 and 304? E]Yes ~No 19. Is the site located in or substantially com:iguous to a Critical Environmental Area de.'ignated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 ~Yes E3No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [:]Yes ~]No B. Project Description 1. Physical dimensions and scale of project {fll in dimensions as appropriate) a. Total contiguous acreage Owned or controlled by project sponsor__ 5.~+~ a(res. b. Project acreage to be developed: ,11~. ~ acres initially; __ .11~ c. Project acreage to remain undeve!opec'_ ~-..~6 acres. (Lot No. ].~' _ acres ultimately. d. Length of project, in miles:__ n/a _(If appropriate) e. If the proiect is an expansion, indicate percent of expansion proposed __~/a__.~. -~. %; f. Number of off-street parking spaces exi;ting ___~.,/a _ ; proposed n/a g. Maximum vehicular trips generated per hour _ n/a_ _ (upon completion of project),' h. If residential: Number and type of housing units: ' One Family Two Family Multiple Family Initially __ oq~ Condominium Ultimately twg -- ~ i. Dimensions (in feet) of largest proposed ~tructure ~ height; 5~0 width; ___27 length. J. Linear feet of frontage along a public thoroughfare Project will occupy is?0ft. 3 ' 2. How much natural ma ierial (ilIrock, earth, etc.) will be removed from the site? 0 3, Will disturbed areas b~ reclaimed? [Yes I-1No ~N/A a. If yes, for what intendeC purpose is the site being reclaimed? b. Will topsoil be ;tockpiled for reclamation? I~Yes []No c. Will upper subs(ill be stockpiled for reclamation? I--lyes INa tons/cubic yak 4. How many acres of ve;:etation (trees, shrubs, ground covers) will be removed from site? .114 acres. $. Will any mature forest [over 100 years old) or other locally-important vegetation be removed by this project? E3Yes I~'lNo 6. If single phase project: Anticipated period of construction 3 months, (including demolition). 7. If multi-phased: n/a a. Total number of phases anticipated (number). b. Anticipated dateo commencement phase1 .. month c. Approximate comp etlon date of final phase month d. Is phase I functionally dependent on subsequent phases? [Yes {No 8. Will blasting occur during construction? []Yes ~No 9. Number of jobs generated: during construction ; after project is complete . 0 10. Number of jobs elimin~Lted by this project _ 0 11. Will project require relocation of any proiects or fac ities? [Yes []No If yes, explain. year, (including demolition). year, 12. Is surface liquid waste :[isposal involved? []Yes [~No a. If yes, indicate typ( of waste (sewage, industrial, etc.) and amount b. Name of water bod,~ into which effluent will be discharged 13. Is subsurface liquid wa_~te disposal involved? ~Yes INa Type sewage 14. Will surface area of an existing water body increase or decrease by proposal? []Yes Explain 15. Is project or any portion of project located in a 100 year flood plain? [~Yes ~No {No 16. Will the project generate solid waste? OYes []No a. If yes, what is the amount: per month . ,3§ . tons b. If yes, will an existin~ solid waste facility be used? [~Yes [~No c. If yes, give name _ F.Z. Waste ~ang£eP and .... ~ng Station _; location WhistIer Avenue, F.I. d. Will any wastes hal go into a sewage disposal system or into a.sanitary landfill,~[]Yes[]No e. If Yes, explain ' 17 Will the proiect involve the disposal of solid waste? ~Yes INa a, If yes, what is the anticipated rate of disposal?_. .35 tons/month. b, If yes, what is the anticipated site life? n/a years. 18. Will project use herbicides or pesticides? [Yes [~No 19. Will project routinely produce odors (more than one hour per day)? [Yes ~No 20. Will project produce operating noise exceeding the local .ambient noise levels? [Yes 21. Will project result in an increase in energy use? [~Yes INa If yes , indicate type(s) eleetrie'it;] and home heat±ng 22. If water supply is from wells, indicate pumping capacity . 23. Total anticipated water usage per day_ R00 gallons/day. 24. Does project involve Local, State or Federal funding? [Yes If Yes. explain [~No - gallons/minute. ~No 4 /'~,;' %pprova s ~equired: City, Town Village Board Cry, Town Village Planning Board City, Town"Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies ~Yes ~No ~]Yes E3No ~Yes E3No ~]Yes ~No ~lYes [:]No ~Yes ~]No ~lYes F1No [:]Yes ~]No T~l)e minor subdivision approval Town Law Sec. 280-~. Article 6 Submitla] Date 10/15/91 up°nbS, ke~iCahn~~ nan apP ~rrOdV a ! Y F) uoa a upon sketch pla~ approval 5y Flannlng uoaro NYSDEC ~ug. 1991 C..Zon ng and Planning Information I. Does proposed action involve a planning or zoo ng decision? ~Yes []No If Yes, indicate decision required: ~]zoning amendment [~zoning variance [~specia[ use permit ~subdivlsion [~site plan E]new/revision of master plan I~resource management plan E~other Town ].aw Sec. 250-a. 2 What is the zoning classification(slot the site? ~-80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? two Mn~le-familv dwellings 4. What is the proposed zoning of the site? same 5 What is the maximum potential development of the site if developed as permitted by the proposed zoning? 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 *¼ mile radius of proposed action? ~No single-family residential (R-80 Zone District) 8 Is the proposed action compatible with adjoining/surrounding land uses within a V~ mile? ~]Yes I~No 9 If the proposed action is the subdivision of land, how many lots are proposed? two a. What is the minimum lot size proposed? . 1.91 acres 10. Will proposed action require any authorization{s) for the formation of sewer or water districts? E]Yes ~No 11 Will the proposed action create a demand for any community provided services {recreation, education, police, fire protect on)? ~Yes ~]No ( insignificant ) a. tf yes, is existing capacity sufficient to handle projected demand? ~2~Yes E]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? E3Yes ~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such tm'pacts and the measures whicl~ you propose to mitigate or avoid them. E. Verification I certify that the informat on provided above is true to the best of my knowledge. L Applicant/Sponsor Name Frances B. Rauch and R. Stewart Rauch, Jr. October 15, 1991 Date ~ L'I i~'' ~-'', Title authorized agent Signature ~]3h Ham, If the action is in /he Coastal Area. and you are a state agency, complete Ihe Coastal Assessment form before proceeding with this assessment. 5 Part 2--PROJECT IMPACTS AND THEIR ~GHtTUDE ' ' Ile~pon~bllit~ of Le~ A~e~c'y General Information (Read Carefully) · In completing the form the reviewer should be ~uided by the question: Have my responses and ,-I-.terminations bee, ~ea~onable! The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is al~o necessarily Any large impact must be evaluated in PART 3 to determine significance. Identifyini an impact in column 2 simpl asks that it be looked at further. · The Examples provided are to assist the reviewer by'showing types of impacts and wherever possible the threshold o magnitude that would t~i~er a response in column 2. The examples are ~er~erally applicable throuahout the State a~. for most situations. But, for any specific project or site other e~amples and/o~ lower thresholds may be appropriat fo~ a Potential Large Impact response, thus requiring evaluatk~ in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative an here been offered as guidance. They do not constitute an exhausth~ list o{ impacts and thresholds to answer each questio, · The number of examples per question does not indicate the importance of each question. · in identifying impact3, consider Ion~ term, short term and cumlative effecU. I~trudlon$ (Read carefully) a. Answer each of the 19 questions in PART :'. Answer Yes if th~we will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 c~ 2) to indicate the potential size of t( impact. If impact threshold equals or exceeds any example provkled, check column 2. If impact will occur but threshol is lower than example, check column 1. d. If reviewer has doubt about size of th~'impact then considei t~e impact as potentially large and proceed to PART e. If a potentially large impact checked in column 2 can be mitigated by change(s) in t~ pro}eot to a small to n~dera impact, also check the Yes box in column 3. A No response indicates teat such a ~-duction is not poss~le. T~' must be explained in Part 3. IMPACT ON LAND '" - 1. Will the proposecl .ctioe result in ' PhY'Sk-al cha n" t° ~N1~°%~ EtE~5 Ezamples that would apply to column 2 · Any construction on slopes of 15% or ireater, (15 f'~ot rise p~r 100 foot of length), or where the ieneral slopes in the project area exceed 10%. · Construction on [and where the depth to the water table is less than 3 feel · Construction of paved parkin~ area for 1,000 or more vehicle~. · Construction on land where bedrock is exposed or ~enerally w+thin 3 feet of existing ground surface. · _ Construction that will continue for more than 1 year or invol~ more than one phase or stale. · Excavation for mining purposes that would remove more than 1 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts 2. will there be an effect t .... ,¥ unique or unusual land forms found on the site? (i.e., cliffs, dunes, leological for'mail•ns, etc.)[:IN• []]YES · Specific land forms: I 2 3 Sm~ll to Potential Can Impact B ~te Large Mitigated B) - ' Fmpa~t' Impact Project Chan( [] [] OYes []N, [] [] OYes ON © [] OYes O~ [] [] OYes ON [] [] OYes ON [] O OYes ON O [] OYes Oh O O OYes Oh [] O OYes O~ IMPACT ON WATER 3 Will proposed action affect any water body designated as protectedT (Under Articles 1.5, 24, 25 of the Environmental Conservation Law, ECL) /~NO OYES Evamples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of · protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing~or new body of water? '~NO OYES Esamples that would apply tO column 2 · A 10% increase or decrease in the suHace area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface ·re·. · Other impacts: 5. Will Proposed Action affect surface or groundwater~N' qu.ality or quantity? ~"L'O OYES E~ampl~s that would apply t~ column 2 e Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposecLLoroject) action. · Proposed Action requires wate!' supply from wells with greater than 45 gallons per minute pumping ~:apacit~. · Constructio~ o~ operatio~ causing a~y contaminatio~ of · water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveye~ off the site to facilities wh;ch presently do not exist or have inadequate capacity. · Proposed Action would use water ~n excess of 20,000 gallons I:~r day. · Proposed Action will likel" c~,.,se siltation or other discharge into an existing body of wat¢~ L,~ th~. e,:~:nt 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: ~. will proposed action alter drainag~ dow or patte~, or surface ('-_ water runoff? .~[~O OYES E,z."nple~ that would apply to column 2 · Proposed Action wo~ld change floc~ water flows 7 2 3 II to Potential Can Impac MOderate Large Mitigated Impact Impact Project Ch~ O O r"lYes [] O [::]Yes O [] OYes I-) n OYes C ['-J [] ' OYes [ [] [] OYes [ [] [] OYes [ [] O OYes [] [] OYes [] - [] OYes [] [] OYes [] [] OYes [] [] OYe [] [] OYes [] [] OYes [] [] OYes [] [] OYes [] Fl OYes [] [] OYes [] [] OYes = e By ON. ON []N mN []N []N O: [] [] · Proposed Action may cause substantial erosion. · Proposed Action is incomp·tible with existing drainage pattems. · Proposed Action will ·llow development in · designated floodw·y. · Other impacts: IMPACT ON NR 7. Will proposed action ·ffect air quality? /~NO OYES Eumples 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 I ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per ho~r. · 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. · •tier impacts: IMPACT ON PLANTS AND ANIMAL8 8. Will Proposed Action affect any threatene~ or endar~?ed spec~ ,/m~o DYES Ezamples that Would apply to column 2 ' · Reduction of one or more species listed on the New Yor~ o¢ Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitaL · Application of pesticide or herbicide more than twice a year, other than for agricultur·l purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threate~ or non-endangered species? ,,.~N O I-lYES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of morq than 10 ·cres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. will the Proposed Action affect ·gricultural land reLs~Jrces~ Examples that would apply to column 2 I~gN~,._~ O OYES · The proposed action would sever, cross or limit access to a~icultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 Impact [] [] [] [] [] [] [] [] 0 [] O [] [] [] [] [] Potentl·l Large Impact O []Yes [] OYes [] OYes O OYes [] OYes [] OYes 0 OYes [] OYes [] OYes [] OYes E] [] [] [] [] [] 0 Can Impact Be Mitigated By Project Change Ohio •No ON• f-IN• ON• E]No t--]No •No •No l--IN• []y& OYes ON• []Yes i-]No E]Yes F-IN• OYes ON• []Yes ON• []]]Yes ON• · Construction activity would excavate or compact the ~oil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District. more d~an 2.5 acres of agricultural land. · The pr•Ix)seal action would disrupt of pm. vent Installatkm of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping);, of create a need for such me,uures (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? ~'l~p I-lYES {If necessary, use the Visual EAF Addendum in Se~ion 617.21. Appendix B.) ' E~amples that would apply to column 2 · Prop<3~d land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whet~r' man-made or natural. . , · Pr•po'seal land uses, or project componen~ v~'sible tO user~ of aesthetic resources which will eliminate o~: significantly reduce their · enjoyment of the* aesthetic qualities of that resource. Project component~ that will result in the elimination or significant '* s4reening of scenic views kno~vn to b~ important to the area. · Othe~ impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of~h..istoric, pre- historic or paleontological importance? /~NO [:]YES Examples that would apply to column 2 ~ · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Re~ister of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? ~ _ Examples that would apply to column 2 ,~O RyES ( )The permanent foreclosure of a future recreational ,opportunity. '"~"A major reduction of an open space important to the community. · Other impacts: Sml tO Mod lte Impact D D [] [] O [] [] [2) [] Potential Large Impact [D [] [] [] [] [] [] [] C~n Iml~c~ ~ Mitigated By Project Change []Yes •No []Yes []No []Yes •No OYes []No []Yes •No •Ye []No []Yes •No []Yes []No OYes []No [-~Yes []No OYes •No r:'lyes []No OYes DNo OYe []yes [DNo ' ' IMPACT ON T~iSP~. RTATION 14 Will there be an effect to existing transportation s sty,~e*'ms~ oYEs E~ramples that would apply to column 2 / · Alteration of present patterns of movement of people and/or goods, · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 15. Will proposed action affect the community's sour.~s of fuel or energy supply? /E~O OYFS 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 vibrati,,ic~ as a result of the Proposed ActJo~' /~NO C1YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely emote than c~e i'~our per day). · Prol:x:~'~l Ace. ion will produce oper'afing noise exceeding ambient noise levels for noise o~tside of structures, · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 17. Will Propose~ ^ction affect public I'~alth and saf~ "O OYES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances [i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating. infectious, etc.) · Storage facilities for one million or more gallons of liquified natural gas. or other flammable liquids. * Proposed action may result in the excavation or other disturbance within 2.0(X) feet of a site used for the disposal of solid or hazardous waste: · Other impacts: 2 3 alt to Potential Can Impact Moderate Large Mitigated I Impact Impact Project Cha~ O O OYes 0 O OYes O [] OYes [] [] [] OYes [] [] O OYes O 0 OYes O O O []Yes C O [] OYes C O O OYes E O []]] OYe~ E O O OYes E O [] OYes [] [] OYes O O OYes [ O [] OYes [ [] O OYes IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD character of the exist, in&community~ 18. Will proposed action affect the ~NO l-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 $%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · ProPosed actkm will conflict with officially adopted pi·ns or ioals. · Proposed action will cause · chanle 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 projects, · Proposed Action will create or eliminate employment. · Other impacts: 2 3 Small to Potential Can Impact Moderate Large Mitigated By Impact Impact Project Chang4 [~ li DYes . [-]No I-I [] liYes I-]Nc [] 0 DYes linc [] 0 OYes ~ 0 ~Yes ~N( 19. Is there, or is there likely to be, public contr&y~e~y related to potential advene environmental impacLs? /~NO I-lYES Il Any Action In Part 2 Is Identified as a Potential Large Impact or Il You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is conslde~ed to be potentially brle, even if the impact(s) may 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 c°uld be mitigated °r reduced t° a small t° m°derate impact bY pr°ject change 3. Based on .the information available, decide if it is reasonable to conclude that this impact is important.:. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence Of the impact · Its potential divergence from local needs and goals · Whether known objections to the proiect relate to this impact. (Continue on attachments) PLANNING BOARD MEMBERS Benneit 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 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 July 22, 1993 Steven L. Ham, III Matthews & Ham 45 Hampton Rd. Southampton, NY 11968 Re: Minor Subdivision for Frances B. & R. Stewart Rauch SCTM9 1000-9-9-22 Dear Mr. Ham: Enclosed please find correspondence dated July 14, Suffolk County Department of Health Services, Sincerely, Melissa Spi 0~ Planner 1993 from the for your records. enc. DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK ROBERT J, GAFFNEY SUFFOLK COUNTY EXECUTIVE MARY E. HIBBERO. M.D.. M.P.H. July 14, 1993 Melissa Spiro Toxw~ uf Southold Planning 53095 Main Road P.O. Box 1179 Southold, New York 11971 tm: Frances B. Rauch & R. Stuart Ranch, Jr. - Minor subdivision scroll: 1000-%9-22 Dear Ms. Spiro: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated June 15, 1993, concerning the above-referenced project. The Department has no ol&jection to your designation as lead agency. Based on a revie,v of the subject coordination, the Deparnnent offers the following comments. ttowever, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. Also, these comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Stmitm0, Code (SCSC) concerns by appropriate departmental personnel when SCDHS applications m'e completed. Tim smwey should indicate the actual bound,tries of all natural features including crest of the bhfff and xvetlm~d edge. The smwey should h~clnde septic and wells within 200 feet of the proposed Thc applicant must comply with the requirements of the Suffolk County Sanita~ Code and relewun coustruction standards for water supply and sewage disposal. Design trod flow specifications, subsurface soft conditions, and complete site phm details are essential to the review Letter to Melissa July 14, 1993 Page 2 of this project. These considerations are reviewed completely at the time of SCDHS application. SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Depm~ment approval. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 852-2078. Sincerely Yours, Kimberly Shaw Sr. Environmental Analyst Office of Ecology KS/mnf cc: Vito Minei, P.E. Stephen Costa, P.E. Frank Dowling, SC Planning 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 SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 July 16, 1993 Steven L. Ham, III Matthews & Ham 45 Hampton Rd. Southampton, NY 11968 Re: Minor Subdivision for Frances B. & R. Stewart Rauch SCTM# 1000-9-9-22 Dear Mr. Ham: The enclosed report dated July 7, 1993, from The Suffolk County Planning Commission will be reviewed at the Planning Board's August 9, 1993 public meeting. Please note that this report is for your information only. It has not been adopted by the Planning Board. Sincerely, Melissa Spiro Planner enc. DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE MARY E. HIBBERD, M.D.. M.P.H. July 14,1993 Melissa Sph'o Town of Southold Planning 53095 Main Road P.O. Box 1179 Southold. New York 11971 m~: Frances B. Rauch & R. Smart Rauch, Jr. - Minor subdivision scm#: 1000-9-9-22 Dear Ms. Spiro: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated June 15, 1993, concerning the above-referenced project. The Department has no objection to your designation as lead agency. Based on a review of the subject coordination, the Depaa*hnent offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. Also, these comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code (SCSC) concems by appropriate departmental personnel when SCDHS applications axe completed. The survey should indicate the actual boundaries of all natural features including crest of the bluff and wetland edge. The survey should include septic and wells within 200 feet of the proposed site. The applicant must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review JUL 2 0 1993 Letter to Melissa Spiro July 14, 1993 Page 2 of this project. These considerations are reviewed completely at the time of SCDHS application. SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 852-2078. Sincerely Yours, Kimberly Shaw Sr. Environmental Analyst Office of Ecology KS/amf cc: Vito Minei, P.E. Stephen Costa, P.E. Frank Dowling, SC Planning ST~N L Hx~, III ~VI'ATTHEW'$ & HA~ June 15, 1993 Planning Board Town of Southold Main Road Southold, NY 11971 Attn.: Melissa Spiro Re: Minor Subdivision for R. Stewart Rauch, Jr. and Frances B. Rauch at Fishers Island (SCTM # 1000-9-9-22) Dear Melissa: In accordance with your request, I have enclosed my check to the Town of Southold in the amount of $400, representing the fee of your outside environmental consultants. I would like to point out again that this site has already been severely disturbed and indeed contains debris from the demolition of the old Munnatawket Hotel. Therefore, a Stage I Cultural Resource Survey should not be indicated. If you have not already done so, please advise Cramer, Voorhis of the history of this area. Sincerely, Stephen L. Ham, III Enclosure COUNTY Of SUFfOlk P~ DEPARTMENT OF PLANNING ROBERt J. GAFFnEY SUFFOLK COUNTY EXECUTIVE ARthUR H. KUNZ DIRECtOr Of PLANNING July 7, 1993 Mr. Richard Ward, Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Minor Subdivision - Frances B. Rauch & R. Stewart Rauch, Jr. Northerly end of Equestrian Avenue adjacent to Hay Harbor, Fishers Island, Town of Southold, New York. Dear Mr. Ward: The Suffolk County Planning Comm4ssion at its regular meeting on July 7, 1993, reviewed the proposed subdivision plat, entitled, '~inor Subdivision - Frances B. Rauch & R. Stewart Rauch, Jr." referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Comission relative to this application. File: S-SD-93-07 FD:mb Attachment cc: J. Baier, C.E., SCDHS Very tm yours, ~ / ~a~n Do/k~Sr. Subdivision-Review Planner Division LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HAUPPAUGE. NEW YORK 11788 · (516) 853-5192 File No. S-SD-93-07 Resolution No. ZSR-93-82 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, 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 June 17, 1993, with respect to a proposed plat entitled, '~inor Subdivision - Frances B. Rauch & R. Stewart Rauch, Jr." submitted by the Town of Southold Planning Board affecting premises located on the northerly end of Equestrian Avenue adjacent to Hay Harbor, Fishers Island, in the Town of Southold, New York, and said referral was considered by the Suffolk County Planning Commission at its meeting on July 7, 1993, 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 modified, as the report of the Commission, Be It Further That said proposed plat is disapproved for the following reason: In accordance with Suffolk County Planning Commission policy and guidelines as outlined in Informational Bulletin No. 9, no proposed residential structure is to be located within 100 feet of the top edge of a bluff. The Commission also offers the following comment on the map: A more acceptable subdivision could be developed if the parcel was subdivided along the existing 35 foot R.O.W. with a provision being made for access to Hay Harbor for the lot on the westerly side of the road. Motion by: Commissioner Capobianco Commission Vote: 12 Present Yeas 12 Nays 0 Abstentions 0 Seconded by: Commissioner Stahlman Dated July 7, 1993 Hauppauge, New York Suffolk County Planning Commission PLANNING BOARD MEMBERS Bennett Ortowski, 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 SCOWl' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 June 16, 1993 Cramer, Voorhis & Associates Environmental & Planning Consultants 54 N. Country Rd. Miller Place, NY 11764 Re: Review of EAF Francis B. & R. Stewart Rauch SCTM# 1000-9-9-22 Dear Messrs. Cramer and Voorhis: The Southold Town Planning Board hereby refers the Environmental Assessment Form for the above mentioned subdivision to your office for review. Also enclosed are the following: 1. ~ Planning Board resolution dated June 14, 1993. 2. Map dated May 3, 1993. 3. Report from Board of Trustees dated February 5, 4. Copy of DEC permit effective January 17, 1992. 5. /Map of Mononotto Inn which was once located on property. 1993. The Planning Board started the lead agency coordination process on June 14, 1993. The $400.00 review fee has been submitted by the applicant. If all is in order, the Board will make their SEQRA determination at the August 9, 1993 public meeting. Please submit your report no later than August 2, 1993 in order for the Board to review it before the meeting date. Page 2 Frances B. & R. June 16, 1993 Stewart Rauch The purchase order will be sent to you under separate cover. If there are any questions, please contact the Planning Staff. Sincerely, Richard G. Ward Chairman enc. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L, Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box '1179 Southold, New York 11971 Fax (516) 765-1823 Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Gentlemen: Mr. Frank Dowling, Senior Planner Subdivision Review Division 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: Hamlet/Locality S.C.D.P.W. Topo No.: S.C. Tax Map No.: Iooo- Major Sub. Minor sub. Zoning ~- 80 Site Plan Cluster MATERIAL SUBMITTED: P~tim&frary Plat (3 Drainage Plans (1) Site Plan (1) copies)/\ Road Profiles Topogroaphical Map (1) __ Grading Plan (1) (i) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an (Unlisted)~e'I~-- (Type II)Action. 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (Yes) (~. 4. The proposed division has received approval from the S.C. Dept of Health. (Yes) ~o~ Comments: We request acknowledgement of receipt of this referral (Yes) (No) Referral received 19 by Suffolk County Planning Commission and assigned File NO. Very truly yours, Richard G. Ward 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 t T 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 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this ~equest is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern Which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: ']r~qce~ %,e~qVc~ ~ ~, c_~.e~r~ ~qv¢~3~g' Sc~ Iooo-q-q-~ Requested Action: SEQRA Classification: ( )Uniisted Contact Person: (516)-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (~) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below). Comments: Please feel free to contact this office for further information. Sincerely, Richard G. Ward Chairman CC: Board of Trustees(~''~f J ~ Southold Town Board · Suffolk County Dept. of Health Services · NYSDEC - Stony Brook NYSDEC - Albany N.Y.S. Dept. of Transportation * Maps are enclosed for your.~eview Coordinating agencies PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (5~6) 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 June 15, 1993 Stephen L. Ham, III Attorney at Law 45 Hampton Rd. Southampton, NY 11968 Re: Minor subdivision of Frances B. & R. Stewart Rauch, SCTM# 1000-9-9-22 Jr. Dear Mr. Ham: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on June 14, 1993: BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type 1 action. BE IT RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated May 3, 1993. Sketch plan approval is conditional upon submission of final maps within six (6) months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps (five (5) paper prints and two (2) mylars) must contain a current stamp of Health Department approval, and must be submitted before a final public hearing will be set. Page 2 Rauch Subdivision June 15, 1993 The Planning Board has referred this subdivision to the Suffolk County Planning Commission for their review. You will be notified should any covenants and restrictions be required. Please do not hesitate to contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman /~IATTHEWS & HAi~I 45 HAMPTON ROAD $OUTHA~PTON, N,Y, I1988 May 13, 1993 BY HAND Planning Board Town of Southold Main Road Southold, NY 11971 Attn.: Melissa Spiro Re: Minor Subdivision for Rauch (SCTM # 1000-9-9-22) Dear Melissa: I am delivering herewith ten revised prints of the map of the referenced minor subdivision together with my check for the additional $500 filing fee. Sincerely, Stephen L. Ham, !I! SLH: ja Enclosures $OUTHOLD TOWN PLANNING BOARD SUBMISSION WITHOUT COVER LETTER co~s: Ii poj~r f~r, nts ~ATT~Yf~7$ ~ HA~x~ ATTORNEYSANDC0UNSELLORSATLAW 45 HAMPTON ROAD $OUTHAMPTON, N,Y. I1968 March 24, 1993 Planning Board Town of Southold Main Road Southold, NY 11971 Attn.: Melissa Spiro Re: Minor Subdivision for R. Stewart Rauch, Jr. and Frances B. Rauch (SCTM # 1000-9-9-22) Dear Melissa: I have enclosed a print of a revised Minor Subdivision Map for the referenced subdivision. Please review the Map and give me a call to advise me of the changes or additions the Board may require. I note, for example, that lot numbers are not indicated as requested in the Board's letter to me of December 1991, a copy of which I had sent to Chandler, Palmer & King. Sincerely, Stephen L. Ham, III SLH:ja Enclosure 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 TO~ FROM: RE: DATE: Melissa Spiro Planning Board John M. Bredemeyer, III ~. Board of Trustees Stewart Rauch minor subdivision SCTM ~1000-9-9-22 February 5, 1993 SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 SOUTHOLO tOWN PLANNING BOA[~D The Southold Trustees discussed the above referenced proposed subdivision based on the January 15, 1991 map of Chandler Palmer and King at our February 2, 1993 worksession. As the existing and proposed retaining walls are not bulkheads per se and are essentially a soil retentive feature protecting the steep slopes as opposed to a "sea-keeping" structure, the Board is of the consensus that the applicant is solely subject to the stated exception in Section B(2) of 100-239.4A of the Town Code which requires a Trustee wetland permit for the structures within 75' of the wetlands. Since the aforementioned section would preclude the need for a 75' building setback from the walls, the Board of Trustees would only ask that the proposed construction activities, the deck and porch on Lot number one be setback an additional 5' from its proposed location. As the Trustees have a wetland permit application before them for the house and retaining walls, by copy of this memorandum we would request the applicant to amend their drawing to us to show the proposed additional stone retaining walls described as non-jurisdictional in their NYSDEC subdivision permit ~1-4738-00387/00001-0 and set back the proposed deck and porch as requested. As this application is presently non-jurisdictional under the Coastal Erosion Act, upon receipt of the requested mapping we will refund the applicant $100.00 in excess fees paid. The Trustees do not have a problem with carefully constructed retaining walls at the 40' contour and would consider the wetland permit application for them independently of the subdivision process if it should become necessary to stabilize the land on this property. JMB:jmd cc: J.M.O. Steve Ham ~[ATTHE~N'S (~ HAM 45H~MPTONROAD SOUTHA~PTON, N.¥.l1968 516-288-2400 TELECOPIER ~16-287-1076 Mr. John Bredemeyer III Town Trustees Town Hall Main Road Southold, NY 11971 Re: November 25, 1992 Minor Subdivisiln Premises at Fishers Island (SCTM # 1000-9-9-22) Dear Mr. Bredemeyer: Application for approval of the referenced minor subdivision is currently before the Planning Board. Initially, the Planning Board required any new construction to be 75 feet landward of the existing retaining wall. Subsequently, that Board reduced the setback to 35 feet. As I told Ken Edwards on Monday, even the 35-foot setback would cause problems for the applicant since a portion of the proposed dwelling would have to be located in the existing right-of-way. Relocating the right-of-way would be expensive and time-consuming. Furthermore, the applicants believe that the proposed location is the only .suitable one on the lot since a large portion of the area on the other side consists of debris from the demolition of a hotel formerly on the site. The applicants also believe that construction at the proposed location would not result in any undue environmental hazards. They are agreeable to taking any reasonable actions to mitigate potential problems in that regard. As you may or may not be aware, the New York State Department of Environmental Conservation has already approved the project as proposed, including the construction of a stone retaining wall along the 40-foot contour elevation (Permit No. 1-4738-00387/00001-0). Continued Mr. John Bredemeyer III November 25, 1992 Page 2 Mr. Edwards suggested that I write to you to let you know the Planning Board will now work directly with the Trustees to resolve this issue. Accordingly, I would appreciate it if you would either contact Mr. Edwards or communicate with the Planning Board staff to express your viewpoints as to pollution and erosion concerns and feasible mitigating measures that might be taken so as to permit the dwelling location to be as close as possible to the one proposed. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III SLH:ja cc: Mr. Kenneth Edwards ~/ SOUTHAmPTON, N.Y. 11968 September 10, 1992' Planning Board Town of Southold Main Road Southold, NY 11971 Re: Minor Subdivision for R. Stewart Rauch, Jr. and Frances B. Rauch (SCTM # 1000-9-9-22) Dear Board Members: I am writing to request that you reconsider your requirement with respect to the referenced Minor Subdivision application, as contained in comment 5 in your letter of December 4, 1991, that the building envelope for the proposed new vacant lot be located at least 75 feet from the stone retaining wall. Maintaining a 75-foot setback in this instance is neither feasible from a practical standpoint nor, do we believe, necessary from an environmental viewpoint. As to the practical considerations, an exactly 75-foot setback would place the proposed house in the middle of an existing right-of-way that serves two other parcels; therefore, the house would have to be located in the area between the right-of-way and the Evans property. However, that portion of the subject parcel is unsuitable for a foundation since it consists in large part of the buried debris that resulted from the demolition of the hotel formerly located at this site. (I have previously delivered to your staff an old map showing the former hotel.) While the right-of-way itself could conceivably be relocated, the process of doing so would involve considerable time and expense both in determining the suitability of the resulting building envelope for a foundation and in carrying out the actual relocation. Continued Planning Board September 10, 1992 Page 2 From an environmental viewpoint, we believe that appropriate measures could be taken to prevent any adverse consequences from the construction and use of a dwelling at the location shown. As you are aware, the Town Trustees have visited the site and reviewed the Map. While they will not make a final determination at this time in deference to your authority, their President has advised me informally that he did not believe a full 75-foot setback was critical in this situation, though he did suggest that the building envelope should be moved back to some extent. Also, the Department of Environmental Conservation has issued a permit (No. 1-4738-00387/00001-0) authorizing the subdivision as proposed and construction work associated with building a stone retaining wall along Dart of the 40-foot elevation. A copy of that permit is enclosed. Based upon the foregoing, I respectfully request that you modify the relevant requirement of your letter of December 4, 1991 to allow for the building envelope for the subject parcel to be within the area between the stone retaining wall and the existing right-of-way. It appears that, for example, a requirement of a 20-foot setback would still permit construction in the desired area. Permission for the reduced setback could, of course, be made subject to the implementation of reasonable erosion and pollution control measures. If you accept the proposed compromise, which Mr. Rauch has already discussed with Kenneth Edwards, please so advise me in writing. I will then arrange to have the Map revised accordingly and also to address the other issues you raised in your letter of December 4, 1991. Your consideration of this matter is greatly appreciated. Very truly yours, Stephen L. Ham, III SLH: ja Enclosure TRANSMITTED BY TELECOPIER MAILED BY REGULAR MAIL 1-4738-00387/00001-0 FACILITY/PROGRAM NUMBER(s) NEW YORk"m"J'TATE DEPARTMENT OF ENVIRONMENTAL C( PERMIT Under the Environmental Conservation Law (ECL) EFFECTIVE DATE January 17, 1992 EXPIRATION DATE January 31, 1997 ~]New r~Reaewal J~JModiJication , r~Permit to Construct J--1permB to Operate J r-----] Adicle 15, Title 5: Protection of Water ~ Article 15, Title 15: Water Supply r----1 Article 15, Title 15: Water Transport Long Island Wells F---']Article 15' Title 27: Wild, Scenic and Recreational Rivers ~ 6NYCRR 608: Water Quality Certification Article 17, Titles 7, 8: SPDES Article 19: Air Pollution Control Article 23, Title 27: Mined Land Reclamation Article 24: Freshwater Wetlands Article 25: Tidal Wetlands -- Article 27, Title 7; 6NYCRR 360: __ Solid Waste Management [~--'l Article 27, Tiile 9; 6NYCRR 373: Hazardous Waste Management [--~ Article 34: Coastal Erosion Management [----~ Article 36: Floodplain Management -- Articles 1, 3, 17, 19, 27, 37; __ 6NYCRR 380: Radiation Control J'--~ Other: PERMIT ISSUED TO TELEPHONE NUMBER Frances B. Rauch ADDRESS OF PERMITTEE 928 Merion Square Rd Gladwyne, PA 19035 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Glenn E. Just NAME AND ADDRESS OF PROJECT/FACILITY Rauch Property Little Bay Harbor R.O.W. off Equestrian Ave LOCATION OF PROJECT/FACILITY SCTM No. 1000-9-9-22 COUNTY J TOWN/~I~,X~,~ WATERCOURSE/WETLAND NO. NYTM COORDINATES Suffolk J Southold e:__ N:4 DESCRIPTION OF AUTHORIZED ACTIVITY Subdivision of a 5.2. acre parcel into two residential lots each in excess of one acre and construction work associated with building a stone retaining wall along a part of the 40' contour elevation. Subdivision and work to be in accordance with attached plans stamped approved by NYSDEC. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special DConditio, ns included as part of this permit. epu~,y Keqlona i , ;Ea~i,~ A;M~ ~ iS;,;~R . ADD.ESS DATE January 17, 1992 Page I of 4 GENERAL CONDITIONS Inspections 1. The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 3. The permittee must submit a separate written application tO the Department for renewal, modifica- tion or transfer of this permit. Such application must include any forms, fees or supplemental infor- mation the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. 4. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. 5. Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, con- ditions or requirements contained in such order or determination. Other Legal Obligations of Permittee 6. The permittee has accepted exPressly, by the execution of the application, the full legal responsibili- ty for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from this project. 7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impair- ment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights- of-way that may be required for this project. Page 2 of 4 95-20-6a (10/,90) -- 25c ~DDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title $), 24, 25, 34, 36 and & NYCRR Part 608 ( 9. That if future operations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation 13. it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State. or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused 14 thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be com- pleted, 'the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 16. 10 That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused 17 by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 11 Granting of this permit does not relLeve the applicant of the responsi- bility of obtaining any other permission, consent or approva~ from 1/3 the US Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 12 All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any and I(i ng dated ) other environmentally deleterious materia|s associated with the proiect. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove ali or any portion of the uncompleted structure or flu and restore the site to its former condition. No ctaim shall be made against the State of New York on account of any such removal or alteration. If granted under Article 36, this permit does not signify in any way that the project will be free from flooding If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. All activities authorized by'this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Chandler, Palmer, Such approved plans were prepared ~y on 1/15/91 SPECIAL CONDITIONS 1. There is to be no disturbance to vegetation or topography seaward of the 40' con- tour elevation on the northerly (1.91± acre) lot. NOTE: Structures and construction landward of the 40' contour elevation on the north- erly lot are beyond NYSDEC jurisdiction as they are landward of the crest of the bluff. Therefore, no permit is necessary for these po6tions of the project. Supplementary Special conditions (A) thru (J) attached. Page 2 of 4 . ~l :. '- conditiour ~pply to all pe[mits: 10c pe~it condition,s are unclear,the permittee shall con- i~JJion o.f Regu].ators; Affairs at the address and telephone - ~ ,~ thi:3 FermJt with supplementary conditions and approved ~l be aT~[_table at the pr~ject site whenever authorized ~ s~n e,ciosed with the permit or a copy of letter of s 'ali be protected from the weather and posted in a con- ~ .~ location a[ the work site until completion of authorized work. 48 hours prior to co~mnencement of the project, the permittee c'.~'-?.~te and return the top portion of the enclosed receipt form that he is fully aware of and understands all provisions and of t ,s permit. Within one week of completion of the work, the bottom portion of that form shall also be com- returned. Fog ~,rojects involving activities more t~an one year, the permittee Administrator in writing at least of ~esumption of work each year. to be acqomplished over a period of shall notify the Regional Permit 48 hours prior to the commencement If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modi- fications. The permittee is advised that substantial modification may require submission of a new application for permit. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspendedlsolids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. HJ Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands underwater. Regional:'Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUNY-Room 219 Stony Brook, NY 11790-2356 (516) 751-13~ Page Protection (70 ill ,iCtOr's Nallh?: Col tiacto~ 's Add~ess: I>~'al' Si]! [hl~ SudnL [(; Geile~l'a.I Condition Nultlber 1 o[ tile above re[erenced pqrmj. L you are hereby notified that the authorized activity shall c:omwenc~ on . This notice is ~to be sent at ]east lwr> days in ~s~-Af~-~mme,]Je~"~nt of the project, The per,uiL sign will be posted at Lhe site and copy of permit wit1 be available at sl[e for inspecl, ion. Submit Led By: Date: FA[LURE ',1'O NOTIFY OR POST SIGN WILL LEAVE OWNER AND/OR CONTRACTOR SUBJECT TO APPi, ICABLI:: PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITION. CIitARL,ES T. iIAMII,TOIq Cl~ief, t,larine Regulator¥ Section NYSDEC, Bureau off Harine HabiLaL ProLecLion Bldg. 40, SUNY, Itoom 225 Slony l~rook, NY 1.1790..'~6 l~e~: Permit No. C~JI]l_['acto[ '$ A('Jdress: Culltl clcto! ':5 Pho[le NO. bear Pn,ts,~ant to Gen..r~[ Condition Number 1 o1:. the p,:rmit you are hereby notified that the authorized completed on S~bmit led By: DaLe: 'i'll.IS N( I ICL, WI'PH PH()TOS OF COMPLETED WORK AND/OR COMPLETED SURVEY, oENi TO ABOVE Al)DRESS PROMPTLY UPON COMPLET1DN OF PROJECT. IPOlLUt/E TO NOTIFY WII,L L~VE OWNER AND/OR CONT~CTOR SUBJgCT TO APPLICABLI;: PENAl,TI ES l"OR NON-COMPLIANCE WITH PER~I~P CONDITIONS. IS above referenced activity was r~%.X TP.~NSMI S S ION To: FAX # ,, Phone # -.------ , '~$" ' (~ From: Stephen L. Ha:i, III N~er of pages 3 (including this If all pages are not ra:eived, call (516) 283-2400...- Planning Board Town of Southold Main Road Southold, NY 11971 ATTOrnEyS AND { OILW~LLOR$ AT LAW 4~ HA~' TON ROAm September 10, 1992' Minor Subdivision for R. Stewart Rauch, Jr. and Frances B. Rauch Dear Board Members: I am writing to 'equest that you reconsider your requirement with respect to the referenced Minor Subdivision application, as contained in c~mment 5 ih your letter of December 4, 1991, that the building e~ve!ope for the proposed aew vacant lot be located at least 75 fee: from the stone retaining wall. Maintaining a 7S-f)ot setback in this instance is neither feasible from a pract;cal standpoint nor, do 'we believe, necessary from an environmental viewpoint. As to the practical considerations, an exactly 75-foot setback would plac~ the proposed house in the middle of an existing right-of-way that se wes two other parcels; therefore, the house would have to be located in the area between the right-of-way and the Evans pz~perty. Mowever, that portion of the subject parcel is unsuitable for a foundation since it consists in large part of th( buried debris that resulted from the demolition of the hotel formerly located at this site. (I have previously delivered to four staff an old map showing the former hotel.) While the rig%=-of-way itself could conceivably be relocated, the process of ~oing so would involve considerable time and expense both in determining the suitability of the resulting building envelope fcra foundation and in carrying out the actual relocation. Continued Planning Board Page 2 September 10, 1992 ~rom an environmental viewpoint, we believe that appropriate measures could be taken to prevent any adverse consequences from the constzuction and use of a dwelling at the location shown. As you are ~ware, the Town Trustees have visited the site and reviewed the Ma). While they will not make a final determination at this time in deference to your authority, their president has advised me i~formally that. he did no~: believe a full 75-foot setback was crLtical in this situation, though he did suggest ~nat the building envelope should b~ moved back to some extent. Also, the Dep~rtment of Environmental Conservation has issued a permit (NO. 1-4738-00387/00001-0) authorizing the subdivision as proposed an( construction work associated with building a stone retainin~ wall along part of ~:he 40-foot elevation. A copy of that p~rm. it is enclosed. Based upon the fo:egoing, I respectfully request that you modify the relevant requkrement of your letter of December 4, 1991 to allow for the bui!di%g envelope for the subJe~:t parcel to be within the area he,wee! the stone retaining wall and the existing right-of-way. Zt appears, that, for example, a requirement of a 20-foot se':back would still permit construction in the desired area. Permission for the reduced setback could, of course, be made subject to the implementation of reasonable erosion and pollution control measures. If you accept the proposed compromise, which Mr. Rauch has already discussed with Kenneth Edwards, please-so advise me in writing. I will ther arrange to have the Map revised accordingly and also to adcress the other issues you raised in your letter of December 4, ]~91. Your consideration of this matter is greatly appreciated. Very truly yours, Stephen L. Ham, III SLH:ja ~nclosure TP~ANSMITTED BY TELECOPIER MAILED BY REGUL~tR MAIL Date The Southold Town T~ustee office ,,,ha ~io~.~.~'u_~D~_ that your a/~~,~]~_tal erosi~tland permi~is ~n~~ please consiGer the following informatlon in this regard-T~r any required return s~mission: ...... ~, '~~ ~ - _ ;s'-~ ~_~ ~ ..... ~~~~_~~ ~ ,~~ cc: Building Dept. Zoning Board of ~ppeals Planning Board~/ This notice makes no claim with respect to other jurisdictions within or outside the Town of $outhold with respect to permits, permission required. 4/92 1992 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 December 4, 1991 Stephen L. Ham, III Matthews & Ham 45 Hampton Road Southampton, New York 11968 RE: Minor Subdivision Frances B. Rauch Fishers Island SCTM# 1000-9-9-22 Dear Mr. Ham: The Planning Board has reviewed the application for the above mentioned subdivision proposal. Please find their comments listed below: According to the Planning Board's records, although SCTM9 1000-9-9-16 is shown on the tax map as a separate parcel, this parcel was not created by the Planning Board. Therefore, the Rauch application must incorporate this area within the proposed subdivision. The owner of this parcel must also be a party to the application. An additional $500.00 application fee for this lot will be required. In the deed description submitted with the Rauch application, it appears that the accessway to Equestrian Avenue is included in the Rauch lot. The map does not reflect this. Documentation of the owner(s) of this accessway to Equestrian Avenue must be provided. 280-A approval may be required depending on the ownership of this area. The road shown through the property also provides access to the adjacent lots, mainly SCTM# 1000-9-9-(3.1-3.4) and SCTM# 1000-9-9-16. This must be indicated on the map. The Questionnaire submitted with the application states that wetlands are located on this property. All wetlands must be indicated on the map. The location of the proposed house is not acceptable. The building envelope for this lot must be at least seventy-five (75) feet from the top of the bank (the stone retaining wall). Lot numbers must be shown for all lots. Please note that as per Section A106-38 E (3) of the Town Code, the Planning Board will be requiring a park and playground fee of $2000.00 per vacant lot. Upon submission of the above mentioned items, the Planning Board will proceed with their review and will forward the maps to the Board of Town Trustees for their review. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, ~r. ,~7~ Chairman ~ATTI:iEWS & I~Alv~ ATTORNEYS AND COUNSELLORS AT LAW 45 ~AMPTON ROAD SOUTHA)fPTON, N.Y. 11968 516 - 283 - 2400 TELECOPIER ,516 Planning Board Town of Southold Main Road Southold, NY 11971 October 21, 1991 Re: Minor Subdivision of Frances B. Rauch and R. Stewart Rauch, Jr. (SCTM # 1000 - 9 - 9 - 22) Dear Board Members: In connection with the referenced minor subdivision of premises at Fishers Island, I have enclosed the following: 1. Application for Approval of Plat, together with copy of deed. 2. Questionnaire, duly acknowledged. 3. Letter re grading, roads, etc. 4. Full Environmental Assessment Form, with Part I completed and signed. 5. Check to the Town of Southold in the amount of $2,000. 6. Twelve prints of a survey showing the proposed lots. 7. Letter of authorization, signed and acknowledged by Frances B. Rauch and R. Stewart Rauch, Jr. I will provide you with a copy of a Certificate of Occupancy for the existing structure in due course. Please advise me immediately if any further information or documentation is required before you can commence the review process for this application. SLH: ja Enclosures Very truly yours, Stephen L. Ham, III OCT 2 2 1991 SOUTHO.~ , .~ PLANNING B;' ..... ,~ ~ ~ATTttEWS ~: HAll ATTORNEYS AND COUNSELLORS AT LAW 45 HA~PTON ROAD Sou'r~-ros, N.Y. 11968 Planning Board Town of Southold Town Hall Main Road Southold, NY 11971 Attention: Melissa Spiro July 30, 1991 Re: Minor Subdivision for R. Stewart Rauch, Jr. and Frances B. Rauch (SCTM # 1000 - 9 - 9 - 22) Dear Melissa: I have enclosed a proposed minor subdivision map for the referenced parties relating to premises at Fishers Island. Please review the map and, if you see any deficiencies, let me know so that I may submit maps that are in proper order. Among other things, I learned that Mr. Rauch is now in title as well as his wife and I have so notified the surveyors. Therefore, at least one change will have to be made anyway. Also, I would appreciate it if you would advise me as to whether this matter might be classified as a setoff since we will be creating one building lot from a parcel that is already improved. I understand that situations like this one have of late been treated as minor subdivisions but it seems as though it could qualify as a setoff both under the definition contained in the subdivision regulations of the Town Code and under the practice of the Planning Board in the mid-1980,s with respect to other Fishers Island projects with which I am familiar. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III SLH: ja Enclosure Planning Board Cown of Southold ~i?own Hall Main Road Southold, NY 11971 Attention: Melissa Spiro MATTHE~NS & HAH ATTORNEYS AND COUNSELLORS AT LAw 45 HAMPTON ROAD SOUTHAMPTON, N,Y. 11968 July 30, 1991 Re: Minor Subdivision for R. Stewart Rauch, Jr. and Frances (SCTM # 1000 - 9 - 9 - 22) B. Rauch E,ear Melissa: I have enclosed a proposed minor subdivision map for the referenced parties relating to premises at Fishers Island. t:lease review the map and, if you see any deficiencies, let me know so that I may submit maps that are in proper order. Among cther things, I learned that Mr. Rauch is now in title as well as his wife and I have so notified the surveyors. Therefore, at ].east one change will have to be made anyway. Also, I would appreciate it if you would advise me as to whether this matter might be classified as a setoff since we will be creating one building lot from a parcel that is already improved. I under t situa ' s like this one have of late been treated as m~_subdivisionslbut i~ se~ms as though it cDuld qualify as a setoff both under~-~e definition contained in t~e subdivision regulations of the Town Code and under the practice of the Planning Board in the mid-1980's with respect to other Fishers Island projects with which I am familiar. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III SIZ:ja Enclosure -' I - -- COUNTY OF SUFFOLK ,~..o~ $OUTHOLD ~c,~,o (~) COUNTY OF. SUFFOLK -~i.,c.., .... '-- Real Properly Tax Service Agency ~e~!? - 0 0 C~ ,.,/ / / / / / / / / / DRY WELL NOT TO SCALE L am familiar with the s~andords for approval and consfruction of subsurface sewage disposal systems for single f~mily residence and will abide by the conditions set forth thereto and on the permit to construct. DIA KNOCKOUTS APPLICANT FINISHED GRADE ~0 20 0 GRAPHIC SCALE IN FEET REVISIONS DATE DESCRIPTION IDATE: JANUARY 15, 1991 SCALE: 1" = 40' SHEET 1 OF 1 MINOR SUBDIVISION PLAN PROPERTY OF T ANOE5 D. AIJCH FISHERS ISLAND, NEW YORK '", J~lL 3 I 199/ / II,/ I / .~ / ////// // // / '// / /: DRY WELL CROSS SECTION NOT TO SCALE 8'I [3lA KNOCKOUTS / OUL[T OPENINGS CAST 0¢ 3U%ET SEP'[IC TANK "A decl~r~lo~ o~ covenants ~d ~s~rTc~lom~ Clerk In Lfber P~e I om fomilior wfth the stendords for opprovo] end construction of subsurfoce sewoge disposol systems for single fomHy residence end will oh[de by the condfUons set forth thereto end on [he permit % construct. APPLICANT I REVISIONS DATE DESCRIPTION 80CT'91 ADDED BUILDING LINES DATE: JANUARY 15, 1991 SCALE: 1" = 40' SHEET 1 OF 1 F AN5t 5 D. AL,IF.,H 5TEJ A 'T: Ie, AUCH, F=IDHE~,5 15LAN~, NE~ OCT 2 2 Iggl ,/ / / DRY WELL CROSS SECTION NOT TO SCALE I om fam[har w;th the standards for approval and construction of subsurface sewage disposal systems for single family resTdence and will abide by the conditions set forth therein and on the permit ~: construct. APPUCANT DIA KNOCKOUTS TO FINISHED GRADE GRAPHIC SCALE IN FEET 40 MINOI~. DL, I~DIDIVISION PLAN PR. OPE~T"r' OP F~ANCE5 D. RALJCH ~. 5TEIdART ~AUCH, J~. F:ISHEt~.5 I~LAND', N~=~ REVISIONS CATE DESCRIPTION 80CT'91 BUILDING LINES I DATE: JANUARY 15, 1991 SCALE: 1" = 40' SHEET 1 OF 1 !~?? WILMERDING / / c.¢, SAd / o ~ ,, / .// / / ~ / / j / / / / // { / k // / .... / / JOHN C. EVANS / // / / / / / / / / / ~--~ / / ~ / / ~: / // // / // -/ ../ / ~ 50.00' ) / / ~ ~- ~. ~OHN ~ s a2~ 2s'w s a~"2a'od' w ~J '~ / N/F N/F N/F N/F N/F RICHARD A. MILLER JOHN C, EVANS WILLIaM J, FAULKNER HAASE C~OL YN J. DOHERTY WETLANDS APPROX, HIGH MARK (TYP) MATCH MARK \ \ \ x \ \ \ / o® S 5B°42'00" W 3500' SIDEWALK MATCH MARK 'A' JOHN I am familiar with the standards for approval and construction of subsurface sewage disposal systems for single family residence and will (:bide by the conditions set forth therein and on (he permit to construct. APPLICANT SUBJECT PROPERTY SCALE I" = I00' TEST HOLE DATA: 0"-14" 14"-6 1/2' s'-¢ m^ .....I ..... ' ......... 7'-~6 1/2'=7'.1/2, REVISIONS DATE DESCRIPTION IDATE: FEBRUARY 22, 1993 SCALE: 1" = 40' SHEET 1 OF 1 LEGEND: 8 1/2'-16' SANDY TOPSOIL SANDY FILL TYP. EXIST, '[OPSOIL ELEC SANDY ORANGE HYD, SUBSOIL -- 40- SANDY MED. COMP, TiLL NOW OR FORMERLY TYPICAL EXIS~NO NOTES: l) pROPERTY IS LOCATED IN DISTRICT 1000, SECTI6)N 009, LOT 22. 2] TOTAL ~REA = ~,~/-,,/~_,r~e~ MAP REFERENCE: PLAN OF PROPERTY TO,BE CONVEYED-TO FRANCES B. RAUCH AT FISHERS ISLAND, NEW YORK, CHANDLF~R ~ PALMER ENG'RS, NORWICH, CONN., MARCH 7, 1967; SCALE: 1"=40'; ADDITIONS TO MAY 50, 1985. 4) PROPOSED LOT TO BE SERVICED BY MUNICIPAL WATER AND ON SITE SEWAGE DISPOSAL. 5~ SITE IS LOCATED IN ZONING DISTRICT R-80. COORDINATE DISTANCES ARE MEASURED FROM U,S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS". MINOI~ ~!JE~I~IVI~ION PLAN FI~,HEI~,~ I5LANI2, NEP4 ¥0~ I/ KEY MAP SCALE: I" = 600~ / / / / / RICHARD A / // /, // / / // // \ N/F JOHN C. EVANS / / N 65°31'00'' E TOP OF SANK ~-~.~ RON PIPE S 6£~ 26' W ~ ~ LINK ENCE N/F N/F N/F MILLER gOHN C. EVANS WILLIAM'J. ~ PATRICIA J. WILLIAM ~ ~ MARY AL/CE FAULKNER HAASE DRILL HOLE IN BOULDER/ IRON CENTERLINE OF EXISTING 3S' EIGHT OF WAY ELEC BOX I 56 66' EXISTING GARAGE ~ 5o.o(/ % ss % N/F \ GA DA WILMERDING WETLANDS A PPROX HiGH fTYP} MATCH MARK 'A' / / / I om familiar with the standards for approval % ../ and construction of subsurface sewage disposal systems for single family residence and will N/F IN abTde by the conditions set forth therein and SIDEWALK on the permit to construct. THOMAS DOHERTY, ,JR, ~ CAROLYN J. DOHERTY 'CH MARK 'A' APPLICANT SUBJECT PROPERTY SCALE' I" = I00~ TEST HOLE DATA: LEGEND: 0" - 14" 14'-6 1/2' 6 1/2'-7' 7'-8 1/2' 8 1/2'--16' SANDY TOPSOIL SANDY FILL TOPSOIL SANDY ORANGE SUBSOIL SANDY MED. COMP, TILL TYP. EXIST. ELEC, HYD. NOW OR FORMERLY'~ TYPICAL ELECTRIC HYDRANT EXIST]NO CONTOUR NOTES: 1) PROPERTY IS LOCATED IN DISTRICT 1000, 4) SECTION 009, LOT 22. TOTAL AREA = Io~'/-~ MAP REFERENCE: PLAN OF PROPERTY TO BE CONVEYED TO FRANCES B. RAUCH AT FISHERS ISLAND, NEW YORK, CHANDLER & PALMER ENO'RS, NORWICH, CONN., MARCH 7, ~967; SCALE: 1"=40'; ADDITIONS TO MAY 30, 1985. PROPOSED LOT TO BE SERVICED BY MUNICIPAL WATER AND ON SITE SEWAGE DISPOSAL. SITE IS LOCATED IN ZONING DiSTRiCT R-80. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS". Ft ,ANCES, ID. AUCH R. 5TEAAR' RAUGH, JR. t=IOHE~5 !SLANI2, NE~ DATE REVISIONS DESCRIPTION DATE: FEBRUARY 22, 1993 SCALE: 1" = 40' SHEET 1 OF 1 m MAY I 4 Ig(~ I/ N 65o31'00" E ~o ~ o ~ / .... ~ , TEST % LOCATION ~ / / APPROX HIGH .iT/~ [, /.-'  % m ~ a~ sewa¢ dls~al for ~j~ / / ~ NGVD 92~ ~ x X Z w~r ......... _ ..-'.- ma~,~ ~ / /~% %, ~ ~ --~ k Xx ~roval Skil be yard only In the ~em ~-~lvisloE~el. ~ / / ~ ¢ Ibis ~te, Co,meG Is here~ given for the fla~ of mil map.~ ' '" / ~ / / ~ ~ ~- HAY -' , m~ / / SUBJECT PROPERTY -~/ SCALE I" =IOO' ~ ~ ~ w~ "k~ ~::','2' TEST HOLE DATA: LEGEND: ~ ~ ~ ~ Box . , ~ ~ 14"-6 1/2' SANDY FLLL TYP. TYPICAL ,'~ r-o'm* 6 1/2'--7' FOPSO[L EXIST. EXlS~N6 Xx ~ % , 8 1/2' 16' SANDY MED. COMP. ~A¢¢¢ ~ NOTES: -- ~' ~, F,,'".-.-. ~,l~ ~ ~c~: ~ o~ ~o~= TO .~ ~o~v~=~ TO ~. //~ ~ ~ <~ ' s 'l'"~'N'~ 2) TOTAL AREA = t~m ~x ~ ~ ~~ B. RAUCH AT FISHERS ISLAND, NEW YORK, CHANDLER ~ PALMER ENG'RS, ] ~,,,T,~ ', ~,'--~ ; " ' ] i GARAGE '---~¢ ~ ~ ~ MAyNORWICH'30, 1985.CONN" MARCH 7, 1967; SCALE: 1 =40; ADDITIONS TO '"~ ~ ~) ~TE ~s LOCATED IN ZONING DISTRICT R-80. / X Xx .''~'~ --, ..... SURVEY TRIANGULATION STATION "PROS" / " // ~ ) 6) L, CORDINATE DISTANCES ARE MEASURED FROM U,S, COAST AND GEODETIC '56.66 X , · ~ ' am fomiHor with ~he ,tdnddrds ~r epprovol 9/29/93 S62°26'0~'W ; ~ ~ / and construction of subsurfece se ~ge disposal / //'' systems for single family residence ond will ~~-- ~ on ~he permit ~o consLruct I T~OM~S DO~g~ ~, ~ DATE: FEBRUARY 22, ~993 ~ I ~ ~99~ UU/ CAROLYN J, DOHERTY MA~ MARK 'A' .......... ~ SCALE: 1" = 40' APPdCANT SHEET 1 OF I i il¸