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HomeMy WebLinkAbout1000-66.-2-2SUFEOLK COUNTY DEPARTMENT OF HEALTH M INOI2 LOT LE..%6 THAN P~ PLANN TOWN OF SOUTHOLD DATE Su6oIvl $10N k. \ }o, ooo -.% L' S~TY $outhold, N.Y. 11971 (516) 765-1938 July 21, 1986 Mr. Richard Lark Attorney at Law Main Road Cutchogue,NY 11935 Re: N. Charles DeLuca Dear Mr. Lark: The following action was taken by the Southold Town Planning Board, Monday, July 14, 1986. RESOLVED that whereas a formal application for the approval of a subdivision plat entitled "N. Charles DeLuca" located at Southold was submitted to the Planning Board on September 17, 1984, and filing fee of $100 was paid on September 17, 1984, and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on May 5, 1986 at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of N. Charles DeLuca for approval of said subdivision plat prepared by Rod Van Tuyl dated as last amended March 3, 1986 be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions within six months from the date of this resolution: 1. Filing of the covenants and restriction~ as amended ~in accordance with the Town Attorney's requirements, with the County Clerk's Office. 2. Submission of the contract from the Village of Greenport O~3\~for the water service. Richard Lark Page 2 7/21/86 Upon receipt of notice that the covenants and restrictions have been filed, and submission of the water contract, the Chairman will endorse the surveys. Please contact this office if you have any questions. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary i000 Dist. 056.00 Sec. 02.00 Blk. 002.000 Lot {{ 1O142 AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 21st day of July , 193~S, by N. CHARL£ DELUCA, residing at 2401 Halyard Drive, Merrick, New York, herein- after called the "Owner"; WHEREAS, the Owner has title to certain land situate, lying and being at Southold, in the Town of Southold, County of Suffolk, and State of New York, which is more particularly described in Sche<!zule A which is annexed hereto, and which land was the subject Df an application for a ~inor Subdivision submitted to the Southo!d ~own Planning Board on September 24, 1984; and Wq~REAS, on April 15,'1985, the Southold Town Planning Board approved the application for minor subdivision subject to imposition of covenants and restrictions on the property; and WitEREAS, the Owner had previously recorded a Declaration of Covenants and Restrictions dated May 29, 1985 which was recorded in =he Suffolk County Clerk's Office in Liber 9810 Page 248; and %~LREAS, the Southold Town Planning Board has amended its :esolution dated April 15, 1985, and at its meeting on July 14, 1986; WHEREAS, the Owner desires to amend the aforementioned )eclaration of Covenants and Restrictions to confor~ with the m~anded resolution of the Town of Southold Planning Board. NOW, THEREFORE, the above-described premises shall be subject no the following covenants and restrictions= 1. There shall be no further subdivision of Lot No. 1 as ~hown on the minor Subdivision map without prior a~proval of the ?lanning Board. 2. Access for purposes of ingress and egress from the Main Road (State Route 25) to Lots 1, 2, 3 and 4 on the minor subdivis~o~ map shall only be from the right-of-way as shown on the minor subdivision map. 3. Declarant does hereby further warrant, covenant and represent the foregoing restrictions shall bind the undersigned, his heirs, successors and assigns, and any and all person or )ersons who shall succeed to the ownership of said premises or any ~art thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this ~eclaration the day and year first above written. / ~ ~. Charles DeLuca STATE OF NEW YORK~ I SS. COUNTY OF SUFFOLK= On the21st day of July~ 1986, before me personally came N. CI~RLES DELUCA, tO me known to be the individual ~.escribed in and who executed the foregoing instrument, and acknowledged that he executed the same. NoIARY PUt~L C State ot New ,u No. 4635190, Suttolk County Notary Public STATE OF NEW YORK County ol SuffOlk ol ......... ~,-r s.i. Coun,y ~s.,~ court ~e,ng.~ ~.~~00. t, jULIETTE A, KINSELLA, Clerk of the County ol Sullolk and Clerk of tl~e ,Supreme court StateotNew¥orK~n,=-~'"' _.,~nnexedcoPyol ~ /~IF~ ~.~1 the ...... ~,=v,~atlhavecompare~'~'_.~ ~.~ ~ ~ / H E~Y UcmHr- ,,, - and and that it is a just an~ true copy ct such original ~ of the whole thereof. N TESTIMONY wHEREOF,' have b;;~u;'°"~nd and atlixe~h~l Of said ( ~,~:~(~ ~ ................... ....................... ~,, ......... ~ Clerk· Form No. 104 10 A2 r.203 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Sou~hold, County of Suffolk and State of New York, bounded and described as follows= BEGINNING at a point on the southerly or southeasterly side of Main Road at the northerly or northeasterly corner of the premises herein described and the northwesterly corner of land of Joseph R. Krukowski; running thence in a southerly direction along said land of Krukowski, South 2" 04' 30" East, a distance of 995.06 feet to a point marked by a monument and land designated on a certain map as #Beixedon Estates" filed in the Suffolk County Clerk's Office as Map No. 1472; running along said last mentioned land, South 1" 38' 40" East, a distance of 278.02 feet to ordinary high water mark of Hippodome Creek; running thence in a north- westerly and westerly direction along ordinary high water mark of Hippodrome Creek on a tie line course which runs North 62" 26' 20" West, a distance of 431.10 feet to land now or formerly of Grace R. Lewis; running thence along said land now or formerly of Grace R. Lewis North 23" 32' 10" West, a distance of 276.02 feet to land now or formerly of Curcuru; running thence along said land now or formerly of Curcuru, two courses as follows: (1) North 70" 55' 40" East, a distance of 73.70 feet; and thence (2) North 20" 41' 10" West, a distance of 433.29 feet to the southerly or southeasterly line of Main Road; running thence in a northeasterly direction along the southerly or southeasterly line of Main Road, North 52" 48' 40" East, a distance of 358.36 feet; continuing thence in a northeasterly direction still along the southerly or southeasterly line of Main Road, North 54° 48' 00" East, a distance of 301.40 feet to the point or place of BEGINNING. A~ iE~, D~ LE. NT TO DkCLAP~.T IO.~ OF ?&CORD & REf'URt; · RICHARD F. LARK ATTORN[¥ AT LAW MAIN ROAD -- p. O. BOX 973 lOC0 066.00 002.00 002.000 DECLARATION OF COVENANTS AND RESTRICTIONR DECLARATION made this 29th day of May, 1985, by N. CHARLES DELUCA, residing at 2401 Halyard Drive, Merrick, New York, here- inafter called the "Owner";~ WHEREAS, the Owner has title to certain land situate, lying and being at Southold, in the Town of Southold, County of Suffolk, and State of New York, which land was the subject of an applica- tion submitted to the Southold Town Planning Board on September 24 1984, for minor subdivision approval; and WHEREAS, on April 15, 1985, the Southold Town Planning Board approved the application for minor subdivision (Copy of the Minor Subdivision Map is attached hereto as Exhibit A); NOW, THEREFORE, the above-described premises shall be subject to the following covenants and restrictions: 1. There shall be no further subdivision of Lot No. 1 as on the attached subdivision map without prior approval of the Planning Board. 2. Declarant does hereby further warrant, covenant and repre- sent the foregoing restrictions and agreement shall bind the undersigned, his heirs, successors and. assigns, and any and all person or persons who shall succeed to the ownership of said premises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has caused his hand and seal to be affixed the day first above written. N. Charles DeLuca STATE OF NEW YORK: ss.~ COUNTy OF SUFFOLK: On the 29th day of May, 1985, before me personally came N. CHARLES DELUCA, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Public BAB~TE CORN~E ~'' NOTARY PU~UC, Stale oF New ~& .~foJk County Ne. $2-57~8~ ~ Com~ssi~ F~qq~ires Mar~ 3Q0 I~~ DECLARATION OF COVENANT AND RESTRICTION Dated May 2~ 1985 Record & Return to: RICHARD F. LARK A'I'rORNI~Y AT LAW MAIN ROAD -- p. O, BOX 973 MINOR SUBQIVISION 1. 6 copies sketch plan received spot elevations sent to Planning Board 2. Meet with Planning Board 3. Required changes sent in writing 4, New submission received 5. Approval of sketch plan 6. Sent letter with resolution approving 7. Application and fee If corporation, affidavit of ownership 6 copies of final map Covenants and restrictions , Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) 8. Public Hearing (within 45 days) Advertised ~ ' Affidavits of publication received 9. Action by Planning Board (within 45 days) 10. Sent to County Planning Commission Received County's recommendations 11. Filed covenants and restrictions received 12. Authorization and s~gn~ng of map MINEOLA - · CLEARWATER SMITHTOWN · NEW YORK CITy 24 H R. NOTIFICATION REQUIRED PRIOR TO START' ""OF ANY 'PERMIT' WORK..: CONTACT: ~ ~,~,..,,.~ Sidney B. Bowne, P.E., L.S. ( 1922-1959) Chester C Kelsey, P.E., L.S. AlexandreW MerciI, PE Robert A Stanton, PE Robert W Brown, LS. Zabdiel A. Bfackman, P E, LS. George A. Style, P E Jerry D. Almont, P E George L. Fagan, ,Ir, Ph D., P.E. Thomas R. Pynchon, L.S 45 Manor Road Smithtown. N.Y. 1178? (516) 724-0611,1,1~ SIDNEY B. BOWNE & SON SOUI'HOLD 'f0WN PLANNING BOARD Roland Anders Frank Capobianco Roger L Cocchi Francis J. Lynch Philip Schlotzhauer Joseph F Stegman PaulF Stevens WJlliamT Styne Richard B Weber September 19, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Site Inspection, N. Charles DeLuca, Southold, New York (SBB NO. 87317) S.C.T.M.: 1000-66-2-3 Gentlemen: Minor Subdivision, Town of ) An inspection of this subdivision was conducted on 9/16/88. We find that the additional leaching pools recommended in our letter of 8/1/88 have been installed satisfactorily and the roadway has been fine graded. Also, the application of the recycled concrete riding surface has been installed. CSH:clg Encl. cc: Ray Dean (SBB) Ray Jacobs, Supt. of Hwys. Very truly yours, SIDNEY B. BOWNE & SON CONSU~G~ ENGINEERS ROBERT A. STANTON, P.E. MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER ~' , 608:5RI ,.. .... .. ,.~ ~~~_~ SIDEWALK RAMP TYPE -NOTES. STATE OF NEW YOR~ DEPARTMENT OF TRANSPORTATION SIDEWALK RAMP DETAILS' 608-3RI · .d -'0 ~ PERM 42g'(11/85) ' STATE OF NEW Y~-- DEPARTMENT OF TRAI~ Permit Fee' - ~$ 150.00 Total Recleved $ ~.~3 Check or M.O. No. ~ HIGHWAY w(~RK' PERMIT Liability Insurance Policy No. Expiring Disability Benefit Coverage Policy No. Permittee Address City BILLING ADDRESS IF DIFFERENT THAN MAILING ADDRESS (Complete only if different from above.) Name Address City. State ' Zip ISPORTATION~ SH NO.' "~'/'~'~:~ ''~ '. Est. Compl. D~te~ .... '- ~ ~'~:~'~-~;~.: ,:* "' Permit ,o10-8:'/-0330 Deposit Rec. for $ Check or M.O. No. Dated :-~'"" Chargeabte to Bond No: ~'~f~?l~Z,& .. or Uncle(taking on File '' Workme~'s Compensation Pollct~ No., RETURN BOND OR DEPOSIT (MADE 'PAYABLE TO) AND MAILED TO: ..... (Complete only if different from Permittee) Name Address City. State Zip Under the provisions of the Highway Law or Vehicle & Traffic Law permlsslo0 s hereby granted to the permittee to Open ./s/o ~.C- 25. 700~*~ e/o. :Aratz~a~ A~';, ffmzchold ~ ~:~- ~= o~. -; _~,,~/.,lt, .... ' as s~t forth and repre~nt~ in the attach~ application; at the pa~lc~ I~atlon orarea, or over the routes as Stated therein If required and pumuant to the cond tlons and meu at oas wheth~nenera or s~ta ' ' - and methods of performing work, In a~ a~ ~:wh ~h are set'fo~ In the appll~floq g~d f0~:'~ad of't~ls~lt.-.;. .~ .. Dated at R~ N.Y. Date Signed R/lq/R7 .. '~: Ion. Al Work authorized by:this permit was corn Refund of deposit or return of bond or r~uction of amount charged'a~ainst bond or deposit on' file is appropriate, is requested. Date PERMITTEE ;a. . . : AUTHORIZED AGE Upon acceptance of work performed as satisfactorily completed, the Resident ~l~r ~vill Sigh'the to the Regional Office. Work authorized, by. this Permit has-been eatisfactorily~completed al~d s, a~ccep, ted.. ,~ Date The Regional Office-will'forward this form;:to,the Main Office with'the approoriate box checked: To: HIGHWAY PERMIT SI~cTION' Date [] efund of Deposit o~n this Per~m t is au{hOdzed [~ ~R~turn~.of Boner fbi'nlsh~l,,~0'r'~ts Permlt'ils au~h~dze~[.~. ~. Amount charged.agams~ Bla~ Bonfl'~or this pe~rm(t may ~ Retain Bofid f~r future permlto.,~ be cancelled: R ' EGIONAL TRAFFIC ENGINEER and fonvard PF.RM 42g (11185) Permit Fee $ 150.00 Ins. Fee $ !2,50 Total Recleved $ 157.5D Check or M.O. No.~ Liability Insurance Policy No. Disability Benefit Coverage Policy No. STATE OF NEW~ORK -- DEPARTMENT OF TRANSPORTATION HIGHWAY WORK PERMIT Expiring Permittee Charles DeLuca Address 2401 Halyard Dr~v~ City Morrqck State NY Zip 11566 BILLING ADDRESS IF DIFFERENT TH~N MAILING ADDRESS (Complete only if different from above.) Name Address SH No. 8229 Est. Compl. Date. Perm,t' No.1 0.-- 8 ?-- 0 3 3 9 Deposit Rec. for $ Check or M.O. No. Dated or S 4000 Chargeable to Bond No. Q?~71qAA or Undertaking on File Workmen's Compensation Policy No. RETURN BOND OR DEPOSIT (MADE PAYABLE TO) AND MAILED TO: (Complete only If different from Permittee) Name Address City State ZiR__ City.. State_ Zi~ Under the provisions of the Highway Law or Vehicle & Traffic Law permission is h ~ s/s/o Rt. ~ 700_+' e/o Arshamora~ Ave. , Sou,-~-~-~ = ere~),y granted to the permittee to. one 25'0" wide intersection t¥~e entran-^/ · ,, exit i In the county of --~ __ as set forth and represented ~n the attached application; at th~'particular location or area, or over the routes as stated therein, if required; and pursuant to the conditions and regulations, whether general or special, and methods of performing work, in any; all of which are set forth in the application and form part of this permit. Dated at __Hau_.~. _, N.Y. ~on Date Signed 8/19/~7 ii IMPORTANT / HIS PERMIT, WITH APPLICATION AND DRAWING (OR COPIES THEREOF) ATTACHED, HALL BE PLACED IN THE HANDS OF THE CONTRACTOR BEFORE ANY WORK IS STARTED. NOTICE -- It Is absolutely necessary that the I~ermlttee notify_.. JOHN YOUNG/V~N _ PERMIT INSPECTOR , ~zhj~L~,xr~, whos~ address Js 24 HR. NOTT'F'T(~ATT~M R]~OTTT~VT) Tel. No. 7~,7_1 7%] before work is started and upon its completion. UPON COMPLETION OF WORK ~UTHORIZED, THE FOLLOWING WILL BE COMPLETED AND SIGNED BY THE PERMITTEE AND DELIVERED TO THE RESIDENT ENGINEER Work authorized by this Permit was completed on (Date).. Refund of deposit or return of bcnd or r~ductton of amount charged against bond or deposit on file for this permit whichever is appropriate, is requested. Date PERMITTEE '~' AUTHORIZED AGENT (IF ANy) Upon acceptance of work performed as satisfactorily ~:ompleted, the Resident Engineer will sign the following and forward to the Regional Office. Work authorized by this Permit has been satisfactorily completed and is accepted. Date RESIDENT ENGINEER The Regional Office will forward this form to the Main Office with the appropriate box checked. To: HIGHWAY PERMIT SECTION [] Refund of Deposit on this Permit Is authorized. [] Return of Bond furnished for this Permit is authorized· [] Amount (~harged against Blanket Bond for this permit may be cancelled. [] Retain Bond f<~r future permits. Date. REGIONAL TRAFFIC ENGINEER PERM ~ NEW YORK PREPARE 3 COPIES · .,, . ..,,~ ,~...D~ E~/SJ:T'r, 1~ I~ ~TwQ...F~ ,T~ANS ,PORTATION _ HIGHWAY WORK PERMIT APPLICATION FOR NON-UTILITY WORK Application is hereby made for a highway work permit Name ~}1 ~ ~-les T)~T,t t c*.a City ~ State ~ Zip RETURN PERMIT TO: {11 dUlerent from abo~e) Name Address _ City Highway Work Permit NO. 10--87--0339 Effective Date 8/19/87 ~RETURN OF DEPOStTIBOND TO: ICOMPL£rE ONLY IF DIFFERENT FROM PERMITTEE) Name Address S~ate Zip City State Zip 1. Requested duration irom 19 __ thru __ 19 __ , to apply Iolheoperations~s)checked below: 2. Protective Liability Insurance covered I~y Policy No. ; expires on __ 19 __ 3 Workers' Compensation Insurance Policy NO. expiring 4 Disability Benefits Coverage Policy NO. ~ Commercial- Minor 150 2.50 152.50 4,000 92071344 [] Commercial - Major 500 [~], Beautifying ROW - (/or C~vlc Groups only) NC [] Tr'alfic control signals 500 WORK MAY BE DE.~CRIBED BRIEFLY AS FOLLOWS: ~.npn n/~/~3 Rf-. 25: 7i3(3+' ~,/n ArRh~mnmmq,l~ A~p.: Rn,,~hnld for the purpose of installtn~ one 25'0" wide intersection type entrance/exit; asphalt in entran, /exi~ shall be traffic bearing 5" dense base 2" top as per plan: concrete curb alonm Rt, 25 & into .p~overtv.: inter~l draina~ etc. ~diT*onal work description ~s attacne~; ~ans __ page and/or Map ig attached showing work to be performed at: LOCATION (on along across ) State Route ~q between Reference Marker and Reference Marker in the Town of SoH~ho[~ County of SLI~]~ known as ~11~1 ~ SEQR REQUIREMENTS: (Check appropriate box) ~ Exempt ~ Ministerial ~ Type il ~ ElS or DEIS Lead Agency I~ project is identified to be ministerial, exempt, or TYPE II, no ~urther action is require~, If proj~t is dete~in~ to ~ other th~ ministed~, exempt, or ~PE II, refer to M.A.P. 7.12-2, Ap~ndix A SEQR REQUIREMENTS FOR HIGHWAY WORK PERMTS, Acceptance of the requested permlt~ubjec~e p~ittee to the restrictions, regulations and obli~tions ~ated on this application and on the permit. ~Applicant Signature C&0Z~-~ Date ~/5~/ 19 ~. For Joint application and work, note name and address ol Second Applicant below: ~ [ Second Applicant Signature Date 19 __. Approval recommended 19 By Reside En in r ' Approved August 1~ 19 ~7. ByRegional.~Engineer~,.~.._~,~.~ ,' Region No 10 REVERSE RESPONSIBILITIES OF PERMI"R'EE 1. PROTECTIVE LIABILITY INSURANCE COVERAGE Permittee must have protective liability insurance coverage n accordance with Department requirements. (Se(~ Certificate of Protective Liability Insurance for Permits onState Highways Form PERM 17)' ' Expiration of, or lack of, liability insurance automatically terminates lhe permit. Insurance coverage may be provided by furnishing the Department with one of the following: a. A Certificate of Protective Liability Insurance for Permits on state Highways (Form PERM 17. NYSDOT). b. A $2.50 remittance (check drawn on a New York State Bank or Certified) for coverage under the Departmental Blanket Policy. c. Undertakings are limited to Public Service Corporat one and government units. They must be executed through an insurance/bonding company and are subject to approvalby NYSDOT Office of Legal Affiars. 2. COMPENSATION INSURANCE AND DISABILITY COVERA~,E The applicant is required Io have compensation insurance a )d d sabilit covera e as noted in he ' Worker's Compensation Law and Acts amendatory thereof for the entireYperiod ~? the permit, orttlhel~re°rVml~[(~s~n°vfa~ihde. 3. NOTIFICATIONS Notify Commissioner.through Regional Office, one week prior to commencing work, except emergency work by public service utilities which should be reported the next work day. Work must start within 30 days from date of permit. Notify area gas distributors 72 hours prior to any blasting. Notify utility companies with facilit es n work areas (permission must be obtained before doing work affecting utilities' facilities}before starting work in ac,.cordance with Industrial Code 53. Notify Departmenlof Transportahon at conclusion of work and return original copy of permit to Resident Engineer. Annual Maintenance Permit Notifications: Notify/ by telephone the Regior, al or Resident Engineer's office, one week in advance, each time regular main[eeance work is to be perrormed. In emergencies, notification by telephone should be made the next work day. 4, SITE CARE AND RESTORATION ° An Undertaking_a bond or certified check n an pmount designated by the Department of TransJ~ortation may be required by the Regional Office, before a permit is issued, to guarantee restoration of the site to ~ts original condi- tion. If the Department is obliged to restore the site to its or;ginal condition the costs to the De artment will be deducted from the amount of ~[he permittee's guarantee deposit at the conclusion of the work. P The permittee is responsible for traffic protect on and maintenance including adequate use of signs and barriers during work and even ng hours Anyone working within the R.O.W. will wear an orange vest and hard hat. No unneccessary obstruction is to be eft on the pavement or the right*of-way or in such a position as to bock warn* lng signs or between work hours. . , No work shall be done to obstruct drainage or divert creeks, water courses or sluices onto the right-of.way. All falsework must be removed and all excavations must be filled in and resto~ed to the satisfaction of the Regional Maintenance Engineer. 5. COSTS INCURRED BY ISSUANCE 'OF THIS PERMIT All costs beyond the limits of the'protective liability insurance, surety deposits, etc., are the responsibility of the permittee. The Slale shall be held frae of any costs incurred by Ihe issuance of lhis permils, direct or indirect. 6. SUBMITTING WORK PLANS The applicant will submit work plans and/or a map as required by the Department, This shall include such details as measurements of driveways with relation to nearest property corner, pos t oas of guys supportin poles and a schedule of the numb. er of poles and feet of excavation necessary for comp etlon ok the work on the ~tate right-of- way. A description or the proposed method of construct on will be included, Plan work with future adjustments in mind, as any relocation, replacement or removal of the installation authorized by this permit and made necessary by future highway maintenance, reconstruction or new construction, will be the responsibility of the permittee. Drivewayplans should be prepared in accordance with the POLICY AND STANDARDS FOR ENTRANCES TO STATE HIGHWAYS. The permittee must coordinate his w(~rk with any state construction being conducted. 7. TRAFFIC MAINTENANCE A plan de{ailing how he permitlee ntends to maintain and protect traffic shall be submitted with work lane Trafhc shall ,b.e. m~ai~n~tained qn th~ highway ,in a safe manner during work ng and non-working hours .ertl ,comp~ete(]. /ne permlttee is responsible for traffic prOtection and maintenance Darners, and fl~g persons during working and non-working hours until construction is completed. All sketches will be stamped with "MAINTENANCE OF TRAFF C SHALL BE IN CONFORMANCE WITH THE NEW YORK STATE MANUAL OF UNIFORM TRAFF C CONTROL DEVICES." 8. COST OF INSPECTION AND SUPERVISION Prior to issuance of the Hi.qhway Work Permit, lhe I)ermittee will be required to sign a SUPERVISION AND NSPEC- TION PAYMENT AGREEMENT FOR H GHWAYWORK PERMITS (FORM PERM 50) agreeing to the payment of inspec- tion and supervision charges for Department employees. Supervision and inspechon charges will be based on number of work days. NOTE:, Work day is determined on basis c,~ minimum of ~our (4) hours of inspection 9. SCOPE a. Areas Covered Permits iss~(id are for ghways, bridges and culverts over which the New York State Department of Transporta- tion has jurisdiction. (Local governments issue permits for their own jurisdiction.) b. Legal The privilege granted by the perm t does not authorize any infringemen! of federal, state or ocal laws or ragu tlons is limited lo the extent of the authority of this Department inthe premises and is transferable and assignable on y w th the written consent of the Commissioner of Transportation. c. Commissioner's Reservation The,=__Commissloner.. ~,_ ~,~__~.,_°f~Transp°rtation,., . . reserves ..... the right to mod fy fees and to revoke or annul the oermit at ~nv 'p]~m,~ 58 (7/8o) NEW YORK STATE DEPARTMENT OF TRANSPORTATION CONSTRUCTION SPECIFICATIONS FOR HIGHWAY WORK PERMIT Highway pavement is not to be opened unless authorized on front sheet (Perm 42b) of this Permit. Sleeves shall be jacked under the highway for all highway crossings, unless permission to cross in any other manner is given in writing by the Department of Transportation; and jacking and receiving pits must be kept a minimum of 5 feet from the edge of pavement. As a general rule, the "open cut" method for crossing a highway will n.~J. be permitted; the need for any such open cut must be substantiated by the permittee and permission granted from the Depart- ment of Transportation o~. the basis of satisfactory sheeting, maintenance and protection of traffic, compaction equipment, etc. Any excavation in excess of 5 feet in depth must be sheeted in accordance with Code Rule 23 and OSHA. Any excavation closer than 5 feet to the edge of pave- ment must be sheeted as directed by the Department of Transportation. All backfill must be compacted in a manner satisfactory to the Department of Transportation. Adequate signs, barricades, and lights, in accordance with the standards of the New York State Manual of Uniform Traffic Control Devices, Subchapter G, shall be provided. Barricades, whether in sidewalk or roadway area, shall have prominently displayed, for police conveniende, the address and telephone number of 24-hour availability of someone who can reset the lights and barricades if it Should become necessary. Pedestrian and vehicular traffic is to be maintained and protected at all times. There shall be no unprotected or unlighted drop-offs or obstacles. No pavement openings will be permitted to remain open overnight. They must be backfilled or Plated at the end of the workday. Open holes outside the pavement shall be fenced or guarded. The permittee agrees to pay all costs incurred by the State, including man-hours and equipment use, necessary to correct any unsafe conditions on a Permit site. In the event that the permittee has permission from the Department of Transpor- tation to open the pavement, only one lane at a time may be opened provided safe two-way traffic is maintained at all times, with adequate signs and barricades to warn the publio, whenever work is performed on the highway~ As stated above, no pavement area may be left open overnight or on weekends. Adequat~ access to adjacent properties must be provided. Pavement and Paved ShoUlders - Minimum size replacements in finished concrete or asphalt on concrete base shall be lO feet X width of panel. In all cases, if the replacement is within five feet of a joint, or five feet of a major crack, the replacement must extend to the joint or crack. Any opening in con- crete pavement shall be saw cut and final restoration m~s~ be done with High Early Class F concrete mix. In the case o¥ an opening in asphalt, the minimum size replacement shall be 4 feet X 4 feet or at least 18 inch cutback beyond the size of the hole. 'Asphalt restoration shall~be made by cutting, with a wheel or jackhammer the existing adjacent asphalt square, painting the exposed face with hot asphalt, placing the.new asphalt, and compacting with:a ten-ton roller. Surface variati~ons.~n excess of 1/4 iinch~shall be eliminated or the pavement relaid. Unless otherwise directed by. the Department of Transportation, asphalt shoulder restoration shall be 4 inches Item 403 (2 1/2 inch Binder and 1 1/2 inch Top) on a sound base. Sidewalk, where disturbed, shall be replaced to full panels of a minimum size 4 feet X 4 feet or as marked when found. Concretecurb where worked on, as in thecase of:the i. nstal.lation of a new curb cut in an area of exi}ting full curb, or vice versa, shall be removed to its .full depth and replaced in accordance with Typical Sections from the Department of Transportation. REVERSE 10. 11. 12. 13. 14. 15. 16. 17. 18. Cold Patch A minimum of depth of 2 inches of asphalt concrete, whether cold patch or hot asphalt is used, shall be placed as a temporary surface in aBy pavement, shoulder, or sidewalk opening, that must be restored to use prior to permanent restoration. Where temporary asphalt is required, the edges shall be cut square and the temporary asphalt placed on a well-stabilized base. It is the permittee's responsibility to maintain any temporary patches in a safe and useable condition. Drainage There shall be no contribution to, nor interference with, drainage along the State Highway, either during the permit work or after, as a result of such work. Drainage along highway is not to be obstructed. Profile of drive- ways and the cross-section of the finished shoulder shall be such as to follow the drainage cross-section of the highway shoulder. Initial slopes shall be away from pavement of highway. Finished driveways which block or otherwise interfere with the normal flow of drainage shall be removed and replaced by the permittee to the proper grade, or, if permitted in writing, the permittee shall construct the necessary leaching basin to relieve the adverse condition, all to the specifications of the Department of Transportation. No trees within the State ¥ight,of-way may be cut or trimmed, either above or below ground without permission in writing from the Department of Transportation. The Regional Landscape Architect will be given 72 hours notice and a joint inspection arranged, if the work in any wayljeopardizes the trees. The permittee agrees, by acceptance of this Permit, to replace any trees damaged without permission of the Department of Transportation. As a general rule, trees will NOT be permitted to be planted in the grass area between curb and sidewalk. The permittee shall keeP the roadway free of foreign objects, such as rocks, timbers, and other items that may fall from transporting vehicles. Spillage of material carried by, or dropped from the undercarriage of any carrying vehicle resulting from the permittee's hauling operation along or across the public-traveled way shall be remr~ved immediately and such roadway shall thereafter be maintained free of such spillage. All materials must come2from State approved.and inspected sources. All con- crete delivered by transit mix must be shipped in an approved carrier. Asphalt concrete must be within specification temperatures and the load properly covered with a canvas. Noofficial State Department of Transportation signslmay be disturbed without approval from the Permit Unit. If it is necessary to relocate such signs, the Regi.onal Traffic Section must be contacted for the new location. In Stat~ Contract areas the permittee must conduct his work in conformity with the schedule ofthe State's Engineer-in-Charge and contractor, and all work must be done to the.satisfaction of the State Engineer-in-Charge. The permittee shall furnish the.Department of Transportation with a telephone number of 24-hour availability, where a demand for emergency repairs will be immediately honored. Furthermore, the pe~mittee agrees to assume all responsi- b%lity for emergency repairs required, whether the need arises as a result of his contractor's work, by storm damage, or by any other means which renders his co~tractor's work area unsafe in the opinion of this Department or the Police Department. In the event that it becomes,necessary to call out State Highway Maintenance: forces to restore a permit site to a safe condition, the permittee will be back-charged for all manpower and equipment charges involved. All work must be done in accordance with New YJrk State Department of Transportation specifications. ~......~PERM 41 ld (4186) OMETDOD OF PERFORMING WORn ~ '* ...... ~'--~/~TH~ ~HI~ ~TRTE'mGI~V~A~ RIGHT OF WAY h GEN-~RAL CONDITIONS These conditions and regulations apply to Highway Work Permits aulhori;iug work within the State highway right.of.way for water mains, gas mains, sewer hoes and miscellaneous structures. Genera[ conditions apply to telephone and lelegraph installati')rls as wall as specific cond~Nons off the setting end resetting of pales. '~hese con.t;tons, arid any special c(Nid~tinn$ whinh are added to this form, are enforceable by the Department ot Transportatinll. A. TIME 1. Work under the permh shall be commenced Within thirty {30} days from the date of permit issuance unless a later starting date is approved by the Regional Traffic Enghiae'. B. R£OUIREMENTS Ag the current requirements of the lallowing shall apply: Occupational Sahity and Health Administration, Federal Departnlmlt of La~, Salary and Hea~th Stlnda~du (29 CFR 192611910): Part 131, Title 17. New York Code of Rules and Regulations, Accommodation of UNlifie$ Within State Right.of-Way; New Y~k State Departmaflt of Libor, IAdu.strild Code Rule 23. Prot ectinn of Por$ofls Employed in Construction and Demolition Work; industrial Code Rule 53. Con&truction, Excavates and Demolition §pei'ations At Or Nea~ Undeforotmd Pac~tins. Temporary soil erosion and water pollulion controls shall be used as required. The final ducialon on the method of underground installation will be made by the Regional Director or his representative. Wmk Within Pavement and Shoulder Areas hietallations lhal cross the pavemenl and eheolder area. Wherever practical, all ondurground inslallndons shall be placed beneath the paveme,t and sho~dur areas without DESIGN a} The location ol air excevaluins Ijacklng pits, eh:.1 shalJ he shown in plea and pfofhe, c) The location et air other existing utilities shall be shown. d) The construction equipment and procedures to be used shall,du described in the pmmit ap~icat~n, al Fha design of aJf excavations, including ground and surface water control where necessary, sllib he made avadubio for review by the Department. f) The underground installation shall he described in dutuii, ~,e. size, length, depth, material, provisions for grouting, otc. g) P~pes shall gene al y be enclosed in sleeves o ~rge~ pipes ?mag dieme m sauces 2 loch I · · I .O. or smalalri may he placed without deevmg at the ,G~.s*etioA of N.Y.S.D.O.T h) The limits of an open excavation shall not be closer than 10 feet to the edge of the pavement unioss approved by the Department. Open excavations shall be prntecled with the [equirnd controls fo, salary and Iol the malntem, nc.q and protection-, of traffic in accordance with the New York State Oepai'tment of TraAsporta- CONSTRUCTION c) The reqalremenls of B. 1. h. IJ CONSTRUCTION d) shag apply. DESIGN ,~EVERSE a) All the requirements of 8.1. e. 1.) 0ESIGN a) through f) ~hag apply. CONSTRUCTION a) Ag the requirements of B. 1. a. 1.) CONSTRUCTION shell apply. C. SUBBASE. PAVEMENT AND SHOULDER REOUIREMENTS ]including manholes] 1. Subbase subbase course item as specified by the Regional Soils Engineer. Under the perrmt, co~slruction which adversity affects the subsurface ~amag~ of the pavement stniofute ~ be cormcte~ by the edditio~ of surface or *,d,,,,,~ace drains, as reqt~-ed. 2. Pavement and Shoulders approval of the Regional Director or his representative. The limit of pavement replacement shall be such that the replaced pavement is supported by thofooghly compacted The concrete mixtures shall be placed without segregation, then consuiidated, finished to the proper elevation, and textured. Curing the concrete pavmllent shall be ia accor. dance with one of the methods permitted in Section 502 pertaining to curing. Pavement shoulders, curbs, gutters and other incidental features shag be replaced in kind un~ess otherwise a~roved by the Regional Director or his representative. b. Temporary Pavement that is replaced temporarily may be paved with either a hot bituminous concrete ~ixture mentioned above Of a cold bituminous patchi4~ mixture. When a cold patching mixture is used it shall cons,st of agg¢egate and bitumifimzs materiel proportioned and mixed in a MtuminmJs mixing plant or rotating peddie shaft pugmill. Regardless which petching mixture is used it shall be laid On a prepared foundation and thoroughly compacted. Since cold i~tumin~s patching mixtures are subject to distortion by traffic, the temporary patch shall be maintained to p~ovide a smooth surface until the pavemen, t is permenen y repleced. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Charles DeLuca 2401 Halyard Drive Merrick, NY 11566 RE: Subdivision of Charles DeLuca SCTM #1000-66-2-2 Dear Mr. DeLuca: The following action was taken by the Southold Town Planning Board on Monday, October 17, 1988. RESOLVED that the Southold Town Planning Board accept the Engineer's report dated September 19, 1988. If you have any questions, please do not hesitate to contact this office. Very---t~uly yours, BENNETT ORLOWSKI , JR CHAIRMAN enc. Sidney B Bowne, P.E., LS. (1922~ 1959) Chester C Kelsey, P E, LS Alexandre W. MerciL P E Robert A. Stanton, P.E Robert W Brown LS ZabdielA Blackman, PE, LS GeorgeA Style, PE Jerry D Afmont, PE George L Fagan, Jr, PhD, PE Thomas R Pynchon. LS SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611,1,1~' PtANNING BOARD September 19, 1988 Roland Anders Frank Capobianco Roger L Cocchi Francis J Lynch Philip Schlotzhauer Joseph F Stegman Paul F Stevens William T Styne Richard B Weber Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Site Inspection, N. Charles DeLuca, Minor Subdivision, Town of Southold, New York (SBB NO. 87317) S.C.T.M.: 1000-66-2-3 Gentlemen: An inspection of this subdivision was conducted on 9/16/88. We find that the additional leaching pools recommended in our letter of 8/1/88 have been installed satisfactorily and the roadway has been fine graded. Also, the application of the recycled concrete riding surface has been installed. Very truly yours, CSH:clg Encl. cc: Ray Dean (SBB) Ray Jacobs, Supt. of Hwys. SIDNEY B. BOWNE & SON CONSU~G~ ENGINEERS ROBERT A. STANTON, P.E. MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER ARTCO DRAINAGE CORP. P.O. BOX 1132 MATTITUC}(,, NFW YORK 11952 (516) 298-9660 September 22,1988 Southold Town Planning Board Town Hall Southold, N.Y. 11971 ATT: Jill Dear Jill; Please schedule a Road Inspection for Charles Deluca's property in Southold as the drainage and stone is now complete. Also please be advised we are only responsible for the stone and drainage and not a State Entrance consisting of curbs and asphalt if they are required. If we can get an approval of work done thus far so I can get paid for work completed it would be greatly appricated. Sincerely; Arthur P. Foster Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765o1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 16, 1988 Charles DeLuca - 2401 Halyard Drive Merrick, NY 11566 RE: Subdivision of Charles DeLuca SCTM #1000-66-2-2 Dear Mr. DeLuca: .. The following action was taken by the Southold Town Planning Board on Monday, August 15, 1988. RESOLVED that the Southold Planning Board accept and request compliance with the Engineer's report dated August 1, 1988. Please stake in the field and install after location has been approved by the Town Engineer. If you have any questions, please do not hesitate to contact this office. enc: jt truly yours ,_ CHAIRMAN ~ . Sidney B. Bowne, P E, LS ( 1922-1959) Chester C Kelsey, PE., L S Aiexandre W. Mercil, PE Robert A Stanton, P E Robert W Brown, LS ZabdielA Blackman, P.E., LS. GeorgeA Style PE Jerry D Almont P E George · Fagan Jr, PhD., PE Thomas R Pynchon L.S SIDNEY B. BOWNE & SON 45 Manor Road I"Jl Smithtown, N.Y. 11787 I II'~J (516) 724-0611 U[Jl AUG 1 I°J88 SOUTHOLD TOWN RtANNING BOARD August 1, 1988 Roland Ander$ Frank Capobianco Roger L Cocchi Francis J Lynch Philip Sch~otzhauer Joseph F Stegman Paul F Stevens William T Styne Richard B Weber Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Site Inspection, N. Charles DeLuca, Minor Subdivision, Town of Southold, New York (SBB NO. 87317) S.C.T.M.: 1000-66-2-3 Gentlemen: The road profile referred to in our letter of 7/20/88 has been submitted by ARTCO Drainage Corp. for review. Our review indicates that the following facilities are necessary in relation to the areas involved: 2 each (1 each side) 8' O.D., 4' deep leaching pools at entrance on Main Road. 4 each (2 each side) 8' O.D., 12' deep leaching pools at Station 3+30 (low point). Our field inspection indicates that 2 leaching basins (one each side) have been installed at the entrance on Main Road (Route 25) and 2 leaching pools (one each side) have been installed at the low point at Station 3+30+. A review of Mr. Jack W. Davis' report #553 dated 11/20/86 indicates under Item 6: Drainage: "Provided the submitted profile slopes all the way to the State road more than 2 leaching basins may be necessary at the entrance and/or at other locations." The attached profile reflects a 1.30% slope from Main Road to Station 3+30, and a +0.80% to the easterly boundary, which results in a low point at Station 3+30. This profile differs from the continuous grade referred to in Mr. Davis' report. MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD August 1, 1988 Page Two We recommend that additional leaching basins be installed at the low point to provide the required vertical storage capacity, 2) 8' O.D., 12' VF pools on each side of the right-of-way. Very truly yours, CSH:clg Encl. cc: Ray Dean (SBB) Ray Jacobs, Supt. of Hwys. SIDNEY B. BOWNE & SON CONSULTING ENGINEERS ~OBERT A. STANTON, P.E. SidneyB Bowne, PE,L.S. (1922-1959) Chester C Kelsey, PE, L.S AlexandreW Mercia, PE. Robert A. Stanton, P E Robert W Brown, LS. ZabdielA Blackman, PE, LS George A Style P E Jerry D Alrnont PE George L Fagan, Jr, PhD, PE Thomas R Pynchon, LS SIDNEY B. BOWNE & SON 45 Manor Road ~~J~L~ ~ Smithtown, N.Y. 11787 ,. July 20, 1988 Roland Anders Frank Capobianco RogerLCocchi Francis J Lynch Philip Schlotzhauer Joseph F Stegman PaulF Stevens William · Styne Richard B Weber Mr. Bennett Orlowski, Jr; Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, N.Y. 11971 Re: Site Inspection, N. Charles Deluca, Minor Subdivision, Southold, Town of Southold, New York (SBB No. 87317) S.C.T.M. 1000-66-2-3. Gentlemen: A perusal at the files indicate that Mr. John W. Davis had reviewed this submission, see Report NO. 553, dated 11/14/86. Item 5, and 6 mandate a centerline (roadway) profile to be submitted for approval. We could not find this roadway submission, reflecting proposed grades, in the files. We recommend, that until this roadway profile be obtained and reviewed for drainage requirements, that further work on this site be suspended. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS ROBERT A. STANTON, P.E. CSH:rp Encl. xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER Sidney B. Bowne, P.E., L.S. ( t 922-1959) Chester C Kelsey, P.E., LS Alexar~dreW MerciL PE. Robert A Stanton, P.E Robert W Brown, L.S. Zabdie~ A. Blackman, P E, LS. George A. Style, P E Jerry D. Alrnont, P E George · Fagan, Jr, PhD., PE. Thomas R Pynchon, L.S SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 SOUTHOLD TO~,~ N PLANNING BOARD August 1, 1988 Roland Anders Frank Capobianco Roger L Cocchi Francis J Lynch Philip Schlotzhauer Joseph F Stegman Paul F Stevens William T Styne Richard B Weber Mr. Bennett Orlowski, Jr., Chairman ~~ TOWN OF SOUTHOLD ~ Planning Board 53095 Main Road Southold, New York 11971 ~ Re: Site Inspection, N. Charles DeLuca, Southold, New York (SBB NO. 87317) S.C.T.M.: lOOO-66-2-3 Gentlemen: ~~,.~~ The road profile referred to in our letter of 7/20/88 h~s b~e~/~ .~ submitted by ARTCO Drainage Corp. for review. Our review indicates ~.~q~ that the following facilities are necessary in relation to the areas~ /_~ involved: 2 each (1 each side) 8' O.D., 4' deep leaching pools at entrance~o on Main Road. 4 each (2 each side) B' O.D., 12' deep leaching pools at Station 3+30 (low point). Our field inspection indicates that 2 leaching basins (one each side) have been installed at the entrance on Main Road (Route 25) and 2 leaching pools (one each side) have been installed at the low point at Station 3+30+. A review of Mr. Jack W. Davis' report #553 dated 11/20/86 indicates under Item 6: ~: "Provided the submitted profile slopes all the way to the State road more than 2 leaching basins may be necessary at the entrance and/or at other locations." The attached profile reflects a 1.30% slope from Main Road to Station 3+30, and a +0.80% to the easterly boundary, which results in a low point at Station 3+30. This profile differs from the continuous grade referred to in Mr. Davis' report. MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER An Equal Opportunity Employer M/F/FI Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD August 1, 1988 Page Two We recommend that additional leaching basins be installed at the low point to provide the required vertical storage capacity, 2) 8' O.D., 12' VF pools on each side of the right-of-way. Very truly yours, CSH:clg Encl. cc: Ray Dean (SBB) Ray Jacobs, Supt. of Hwys. SIDNEY B. BOWNE & SON CONSULTING ENGINEERS I~OBERT A. STANTON, P.E. T, LD Y Southold, N.Y. 11971 (516) 765-1938 December 10, 1986 Mr. N. Charles DeLuca 2401 Halyard Drive Merrick, NY 11566 Re: Access road within the minor subdiviSion for N. Charles DeLuca Dear Mr. DeLuca: The following action was taken by the Southold Town Planning Board, Monday, December 8, 1986. RESOLVED that the Southold Town Planning Board accept and request compliance with Inspector John W. Davis' report No. 553 with regard to the improvements to the access road within the minor subdivision of N. Charles DeLuca located at Southold. Enclosed is a copy of the report for your review. When the road profile has been prepared pursuant to Paragraph # 5, would you please forward it to our office. Also, please note, the Planning Board is to be notified prior to commencing work on the access road. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. To: From: Re: NOV 1986 Bennett Orlowski, Jr., Chairman Report No. 553 Southold Town Planning Board John W. Davis Date: November 14, Access road for minor subdivision - Owner N. Charles DeLucca, Southold. Map by Van Tuyl dated March 3, ~986 1986 Comments: The road area is open land except for partial tree growth in the first 320± ft. of the R.O.W. from the State Hwy. There is ~ ft.~ of topsoil in the open area. From visual observation and the 10 ft. contours as shown, the access road would be on a minus grade all the way to the State Hwy. At this intersection the present O.S. appears to be 2 ft.l above that Hwy. Recommendations: 1. Clear the wooded area for the full width of the 25 ft. R.O.W. and remove all tree stumps that would be under the access road width. 2. Remove topsoil for 12" on 20 ft. of the 25 ft. R.O.W. 3. Road width ~6 ft. with 3 ft. shoulders Rt. & Lt. 4. The ~6 ft. width to consist of a 6" compacted base course containing ~5% or more of gravel, 10% of loam and a crowned top course of 3/4" stone blend. The depth of the top course to be 3" L.M. to obtain a 2" compacted depth. 5. Submit a centerline profile for approval showing existing ground eleva- tions from field survey - not from contours. The finished road surface should be above the adjacent ground wherever possible. If additional material is required from the stripped surface to subgrade for the 6" bankrun course any grade of compacted clean fill may be used. 6. Drainage: Provided the submitted profile slopes all the way to the State road more than 2 leaching basins may be necessary at the entrance and or at other locations. 7. The owner should contact the State to see if a permit will be necessary for this connection to the State Hwy. and also if there are any construc- tion requirements there. 8. The Planning Board to be notified when any construction work is to be started on the access road for this project. John W. Davis Southold, N.Y. 11971 (516) 765-1938 October 28, 1986 Mr. N. Charles DeLuca 2401 Halyard Drive Merrick, NY 11566 RE: Access road within the minor subdivision for N. Charles DeLuca Dear Mr. DeLuca; Please let this confirm that our Field Inspector has visited the site for the above mentioned access road and requests that stakes be place along the westerly side of the right-of-way in the locations as indicated on the enclosed survey. If you would please notify our office when the have been placed, we will send the inspector out to specifications for improving this access road. stakes set the Thank you . If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. O~C~T$ MAYOR GEORGE W. HUBBARD TRUSTEES JEANNE M. COOPER GAlL F. HORTON DAVID £. KAP£LL WILLIAM H. LI£BL£1N JAMES L MONSELL OCT 3 0 198:6 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 October 24, 1986 UTILITY OFFICE TEL. (516) 477-1748 POWER PLANT TEL. (516) 477~172 Mr. Paul J. Ponturo, P.E. County of Suffolk Department of Health Services 225 Rabro Drive East Hauppauge, New York 11788 Oear Nr. Ponturo: Enclosed is a copy of the contract between the Village of Greenport and Mr. N. Chartes DeLuca for water service to a minor subdivision located in Southold. If I can be of further service, please call.  .Very truly yours, James I. Monsell ~ Superintendent of Public Utilities JIM:nr Enc. cc: N. Charles DeLuca Southold Town Planning Board MAYOR GEORGE W. HUBBARD TRUSTEES JEANNE M. COOPER GAlL F. HORTON DAVID E, KAPELL WILLIAM H. LIEBLEIN JAMES 1. MONSELL l /L lye of 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 October 23, 1986 UTILITY OFFICE TEL. (516) 477-1748 POWER PLANT TEL. (516) 477-0172 Bennett Orlowski, Jr. Chairman - Planning Board Town of Southold Main Road, Southold, N. Y. 11971 Dear Mr. Orlowski, Enclosed is a print of the proposed water main extension of Mr. N. Charles DeLuca. My understanding is that you have a copy of the signed contract, if not let me know. If I can be of further service, please contact me. Very truly yours, JIM:lkm Enc. James I. Monsel 1 Superintendent of Public Utilities T LD Southold, N.Y. 11971 (516) 765-1938 October 15,1986 Mr. John W. Davis Sterling Road Southold, NY 11971 Re: N. Charles DeLuca Dear Mr. Davis: Enclosed is a copy of the survey for the approved minor subdivision of N. Charles DeLuca located at Main Road, Southold. Mr. DeLuca would like to begin construction on the access road within this subdivision, and has requested that we advise him of the specifications. Would you please make an inspection and advise us as to what improvements would need to be made on the access road. Thank you for your assistance in this matter. If you have any questions, please don't hesitate to contact our office. Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary LAW OFFICES RICHARD F. LARK MAIN ROAD - P. O, BOX 9'73 CU¥CHOGUS. NEW YORK t 193S RICHARD F. LARK WILLIAM 0. MOORS October 10, 1986 Southold Town Planning Board Southold Town Hall Southold, New York 11971 ATT: Diane M. Schultze, Secretary RE: Minor Subdivision - N. Charles DeLuca Dear Diane: In connection with the above-captioned matter, I am enclosing a copy of the signed Water Supply Agreement between the Village of Greenport and N. Charles DeLuca dated September 29, 1986. Also enclosed is a certified copy of the ~endment to Declaration of Covenants and Restrictions dated July 21, 1986 which was recorded on October 9, 1986 in Liber 10142 Page 201. Kindly have the Chairman endorse the surveys and forward same to me. RFL/bd Enclosures Very truly yours, Richard F. Lark JOHN J. MUNZEL WATER SUPPLY AGREEMENT AGREEMENT made this ~L~-~da¥ of"..__c__, 1986, by and between the Village of Greenport, a municipal corporation in Suffolk County having its office and principal place of business at ~36 Third Street, GreenDort, New York, herein called the "VILLAGE", and N. Charles DeLuca, residing at 2401 }{alyard Drive, Merrick, New York 11566, herein called the "OWNER". WHEREAS, the OWNER is desirous of securing a supply of well water on a map and preliminary site plan; and WHEREAS the OWNER is willing at its cost and expense to lay and install or cause to be laid and installed the water mains, hydrants, fittings and valves described on the mad and preliminary plan and to transfer and convey same to the VILLAGE upon comple- tion and, if necessary, to give and procure easements for the maintenance of the mains and the hydrants; and WHEREAS, the VILLAGE is willing to supply the OWNER with its requested water allowances and the parties have agreed upon the terms and conditions for the supply of water and other matters; and WHEREAS the OWNER is the owner in fee of certain premises which premises are shown generally on a mad and preliminary plan annexed hereto, made a part hereof and marked Exhibit "A", and entitled "Minor Subdivision on Map of Property Surveyed for N. Charles DeLuca at Southold". WHEREAS OWNER is about to commence a minor subdivision and wishes to construct water mains and install hvdrants on the cer- tain rights of way on a certain maD entitled "Minor Subdivision on MaD of Property Surveyed for N. Charles DeLuca at Southold", con- sisting of one drawing , which are attached hereto, made a part hereof, and marked Exhibit "A", and to connect with the Village Water System portion marked Exhibit "B" in conformity with the Standards and Specifications of the Greenport Water Department. NOW, THEREFORE, in consideration of the premises and cove- nants herein, it is mutaully agreed as follows: FIRST. OWNER will install at its own cost and expense, water main for supply and distribution, throughout the minor sub- division. Said installation shall be in conformity with the rules and regulations of the VILLAGE. SECOND. Locations of all mains, hydrants, and appurtenances are shown on a cody of the map entitled "Minor Subdivision on Map of Property Surveyed for N. Charles DeLuca at Southold", marked Exhibit "A". THIRD. All necessary engineering work, trenching, laying, joining, backfilling shall be done by OWNER and shall sometimes hereinafter be called the "WORK". FOURTH. The VILLAGE will supply the hydrants for installa- tion at the locations shown on said map. OWNER will reimburse the VILLAGE for all hydrants located within the subdivision. FIFTH. Payme~shall be made uoon delive for hydrants and the costs of the del~very'~ of the hydrants to te by the VILLAGE. The VILLAGE shall deliver the hydrants to the site at a time appropriate to the exDeditious completion of the work pro- vided the VILLAGE is given no less than 21 days notice, and sub- ject to the availablity of the hydrants from the suppliers to the VILLAGE. SIXTH. Until such time as rental for such hydrants is assured and paid for by the Southold Fire Protection District, OWNER will pay annually to the VILLAGE such rental for such hydrants as is from time to time being paid by such District to the VILLAGE for other hydrants in the District. SEVENTH. The standards for the installation of the piping and the hydrants shall be in accordance with the following specifica- tions: (1) polyvinyl chloride pipe (AWWA Spec. C-900) Class 150 or equal with push-on joints/couplings and underground metallic warning tape or (2) cement-lined ductile iron pipe (AWWA spec. C151-76) class 150, or equal. Any pipe and all joints and parts of the system must be able to stand pressure of not less than 150 3ound~ per square inch. EIGHTH. The VILLAGE will supply without charge to OWNER suf- ficient water to make essential tests and to leave the system on final approval completely sanitary. NINTH. The WORK shall be inspected by the VILLAGE which hereby delegates its Superintendent o~ Utilities or his designee full power of inspection hereunder. OWNER will grant complete ~reedom of access to all parts of the premises and the WORK for inspection. The VILLAGE will have an authorized inspector at the site at all proper times so as not to delay the work. No work not passed by the inspector will be accepted by the VILLAGE. No back- filling shall be done until the pipe and the work in the trench has been approved and tested by the inspector. TENTH. OWNER will, and by this agreement does, upon appro- val of the completed work, which the VILLAGE will indicate to the OWNER in writing, dedicate the mains to the VILLAGE, and does hereby grant and convey to the VILLAGE an easement and right of way for the purpose of laying, relaying, repairing, operating and maintaining water mains, both supply and distribution, and appur- tenances, including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or ~rivate streets in the premises as shown on the attached map. The rights of way and easements shall also extend five feet on either side of the mains to be laid pursuant to this agreement, whether or not such distance shall be within tile roadway. The rights of way shall be over the lands herein described and marked "Right of Way" on Exhibit A. ELEVENTH. The easements herein granted are not exclusive, and other easements in said streets may be granted by OWNER to otber persons or corporations maintaining public services throughout the development, provided tbat no other mains are set within two feet internally of the water main and no poles are set into the ground within two feet either side of a line on the sur- face directly above the mains. If a gas, sewer or other main or service necessarily crosses the water main, OWNER will advise the VILLAGE in writing of the exact location of the intersection forthwith upon installation and shall supply maps to the VILLAGE showing the exact locations. Said intersections shall not.be per- mitted without prior written consent of the VILLAGE. TWELFTH. If OWNER contracts with a third party for the WORK, as the parties contemplate will be the case, the VILLAGE will examine the proposed contract, plans, and specifications, and promptly furnish OWNER and the third party contractor with a writ- ten statement of what part, if any, of the WORK proposed in such contract should be revised to insure approval by the VILLAGE. The VILLAGE will not require any abnormal conditions, unless the situation at the site shall require them. THIRTEENTH. Upon completion, inspection, and approval, the VILLAGE will supply water to the development and the OWNERS of the lands therin at the rates and pursuant to the rules and regula- tions of the VILLAGE in force from time to time. FOURTEENTH. The parties understand that final approval of the subdivision map has not been given by all necessary ~ublic authorities. The VILLAGE enters into this agreement to assist OWNER in securing such approval, and by way of contractually assuring to OWNER public water supply, if such subdivision appro- val is secured. FIFTEENTH. A one inch (1") service line shall be installed to each lot, with a curb stop near the @roperty line. This installation is under the direction and supervision of the Greenport Water Department. SIXTEENTH. The VILLAGE requires a cash contribution of TWO THOUSAND FIVE HUNDRED and SEVENTY DOLLARS ($2,570.00) per dwelling unit to be placed in the VILLAGE'S Water Department Reserve Fund to help gain new production supply, so as to assure OWNER of future adequate supply. It is contemplated by this contract that the OWNER anticipates construction of four dwelling units. Upon execution of this agreement, the OWNER shall deposit with the VILLAGE the sum of TWENTY-FIVE HUNDRED SEVENTY DOLLARS ($2,570.00) times four dwelling units for the total of TEN THOUSAND TWO HUNDRED EIGHTY DOLLARS ($10,280.00) in bank or cer- tified check. In the event that the OWNER does not complete the project as contemplated by this agreement or does not make aDpli- cat[on for the full number of dwelling units alloted or specified herein, the VILLAGE shall keep all funds so deposited by the VILLAGE as the sole exclusive property of the VILLAGE and the OWNERS shall have no claim thereon. SEVENTEENTH. The WORK contemplated by this agreement shall be completed within 24 months of final a~Qroval of plans by the Town of Southold, or within additional periods of 24 months each, however, it is hereby mutually aqreed and understood that all specifications in reference to materials used for the construc- tion of said system, the WORK to be completed, and/or water to be supplied shall be changed to conform with the then current standards as set by the VILLAGE of Greenport Utility Department, its successor, or its authorized agent at each such interval. EIGHTEENTH. The OWNER agrees that upon completion of the work in accordance with any co~tract made pursuant hereto, title to the mains, hydrants, valves, and fittings so installed and lald shall be deemed dedicated to the VILLAGE, and the OWNER shall in JOHN J, MUNZEL confirmation of such passage of title, execute an instrument transferring and assigning to the VILLAGE the title, free and clear of all encumbrances or liens to the mains, hydrants, valves and fittings so laid and installed and if required by the VILLAGE shall procure from all persons havlnq an interest in the land in which said mains lie a proper easement in favor of the VILLAGE for the perpetual maintenance, repair or replacement of said mains and fittings including the right to extend the mains and to connect them with other mains to be laid by or under the supervision of the VILLAGE. The instruments so executed shall be in recordable form. NINETEENTH. The VILLAGE agrees that when the installation, laying of the mains, valves, hydrants and fittings has been completed, Dursuant to the terms of this agreement, and proper easements have been given, all as hereinbefore provided, the VILLAGE will accept the assignment and conveyance of the mains, valves, %ydrants and fittings and maintain them thereafter and suDply water to consumers along the mains subject to conditions, rules and regulations of the VILLAGE. TWENTIETH. This agreement contains the complete agreement between the parties for the acquisition by the VILLAGE of the mains, valves, fittings, and hydrants hereinbefore described and the OWNER agrees that it will not make any claims against the VILLAGE on account of the installation of the mains, valves, fit- tings or hydrants and acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which may or may not be enacted. TWENTY-FIRST. This agreement shall enure to the benefit and shall bind the respective heirs, legal representatives, successors or assigns of the parties hereto. TWENTY-SECOND. This agreement shall not be assignable by the OWNER without the consent in writing of the VILLAGE, which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement in four (4) counterparts, all of which shall constitute originals, the day and year first above written. ATTEST: VILLAGE OF GREENPORT By:~~~t____ Geo~ W. ~{ubbard, Mayor Charles DeLuca JOHN J. MUNZEL STATE OF NEW YORK) COUNTY OF SUFFOLK) On the ~)~ay of/~ Charles DeLuca, to me known to be the who executed the foregoing instrument, executed the same. 1986 before me personally came individual described in and and acknowledged that he Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) On the~'a'day of~/~- 1986 before me personally came George W. Hubbard to me known, who, being by me duly sworn, did depose and say that he resides at Central Avenue, Greenport, N.Y., that he is the May of the Village of Greenport, N.Y., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order to the board cE trustees of said corporation, and that he signed his name thereto by like order. N~ary Public NANCY W. COOK NOTARY PUeuC, State of Suffolk Co Ne. 473515l Term ExP#e.*'Mefth ~ p~~I~D T~,LD¥ Southold, N.Y. 11971 (516) 765-1938 August 27, 1986 Mr. Robert W.~ Tasker Town Attorney 425 Main Street Greenport, NY 11944 RE: N. Charles DeLuca minor subdivision Dear Mr. Tasker: Enclosed is a copy of covenants and restrictions for the above mentioned subdivision, as well as, a copy of the subdivision map and Planning Board resolution requesting the covenants and restrictions. Also, enclosed is a copy of your previous correspondenc~ indicating the corrections to be made on the first draft of the Declaration. Would you please review the Declaration and advise our Board if is acceptable for filing in theI Office of the County Clerk. Thank you for your assistance in this matter. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of ~ELUCA, residing at 2401 Halyard Drive, after called the "Owner"; · 1986, by N. CHARLE: Merr'ick, New York, herein- WHEREAS, the Owner has title to certain land situate, lying ~nd being at Southold, in the Town of Southold, County of Suffolk, and State of New York, which is more particularly described in Schedule A which is annexed hereto, and which land was the subject of an application for a minor subdivision submitted to the Southold ~own Planning Board on September 24, 1984; and WHEREAS, on April 15, 1985, the Southold Town Planning Board ~pproved the application for minor subdivision subject to imposition of covenants and restrictions on the property; and WHEREAS, the Owner had previously recorded a Declaration of ~ovenants and Restrictions dated May 29, 1985 which was recorded in the Suffolk County Clerk's Office in Liber 9810 Page 248; and WHEREAS, the Southold Town Planning Board has amended its resolution dated April 15, 1985; and WHEREAS, the Owner desires to amend the aforementioned Lion of Covenants and Restrictions to conform with the amended resolution of the Town of Southold Planning Board. NOW, THEREFORE, the above-described premises shall be subject to the following covenants and restrictions: 1. There shall be no further subdivision of Lot No. 1 as shown on the minor subdivision map without prior approval of the Planning Board. 2. Access for purposes of ingress and egress from the Main Road (State Route 25) to Lots 1, 2, 3 and 4 on the minor subdivis~n map shall only be from the right-of-way as shown on the minor subdivision map. 3. Declarant does hereby further warrant, covenant and represent the foregoing restrictions shall bind the undersigned, his heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. N. Charles DeLuca STATE OF NEW YORK: : ss. COUNTY OF SUFFOLK: On the day of , 1986, before me personally came N. CHARLES DELUCA, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at South.Id, in the Town of South. Id, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly or southeasterly side of Main Road at the northerly or northeasterly corner of the premises herein described and the northwesterly corner of land of Joseph R. Krukowski; running thence in a southerly direction along said land of Krukowski, South 2" 04' 30" East, a distance of 995.06 feet to a point marked by a monument and land designated on a certain map as "Beixedon Estates" filed in the Suffolk County Clerk's Office as Map No. 1472; running along said last mentioned land, South 1" 38' 40" East, a distance of 278.02 feet to ordinary high water mark of Hipped.me Creek; running thence in a north- westerly and westerly direction along ordinary high water mark of Hippodrome Creek on a tie line course which runs North 62" 26' 20" West, a distance of 431.10 feet to land now or formerly of Grace R. Lewis; running thence along said land now or formerly of Grace R. Lewis North 23" 32' 10" West, a distance of 276.02 feet to land now or formerly of Curcuru; running thence along said land now or formerly of Curcuru, two courses as follows: (1) North 70° 55' 40" East, a distance of 73.70 feet; and thence (2) North 20" 41' 10" West, a distance of 433.29 feet to the southerly or southeasterly line of Main Road; running thence in a northeasterly direction along the southerly or southeasterly line of Main Road, North 52" 48' 40" East, a distance of 358.36 feet; continuing thence in a northeasterly direction still along the southerly or southeasterly line of Main Road, North 54" 48' 00" East, a distance of 301.40 feet to the point or place of BEGINNING. LAW OFFICES RICHARD F. LARK RICHARD F. LARK WIt. LIAM D. MOORE July 8, 1986 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Minor Subdivision Map of N. Charles DeLuca Dear Mr. Orlowski: In anticipation of my meeting with the Planning Board on July 11, 1986 and in conformance with the letter of Robert Tasker, Town Attorney dated May 12, 1986, I am enclosing a proposed amendment to the existing Covenants and Restrictions dated May 29, 1985. James Monsell, the Greenport Village Superintendent of Utilities informs me that the agreement with the Village of Greenport for service of water to the lots on the minor subdivision map will be forthcoming shortly. RFL/bd Enclosure Very/~u ly y~r~ s, 'R~chard ~. Lark RICHARD F. LARK June 20, 1986 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 ATT: Bennett Orlowski, Jr. RE: Minor subdivison - N. Charles DeLuc~ Dear Mr. Orlowski: We hereby request a 90-day extension on the final action on the minor subdivision map for N. Charles DeLuca. We will contact you for an appointment, if necessary, to discuss the declaration of covenants and the water contract with the Village of Greenport. Very truly yours. Wli±~am D. Moore WDM/skf  D T, iLD Y 8outhold, N.Y. 11971 (516) 765-1938 September 11, 1986 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 RE: N. Charles DeLuca Dear Mr. Lark: Enclosed is a copy of correspondence from the Town Attorney indicating that the covenants and restrictions, which you have submitted for the above mentioned subdivision, have been approved. Therefore, you can proceed to have the original declaration filed with the office of the County Clerk. Would you please, also, obtain a certified copy of the declaration after it has been filed and forward same to our office; as well as, a copy of the signed Village Contract. Upon receipt of this, the Chairman will endorse the surveys. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. ROBERT W~ TASKER Town Attorney OFFIC~ 425 MAIN STREET · P.O. BOX 697 GREENPORT, L.I., NEW YORK 11944 September 4, 1986 S EP 11 TELEPHONE (516) 477-1400 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Southold, New York 11971 Re: N. Charles DeLuca MinOr SubdivisiOn Dear Mr. Orlowski: I have reviewed the proposed Declaration of Covenants and Restrictions relative to the above subdivision and approve the same as to form. Yours very truly, ROBERT W. TASKER RWT :aa RICHARD P'. LARK WILl. lAM D. MOORE RICHARD F. LARK MAIN ROAD - P. O. BOX 97:3 'AUG 19 19BG August 18, 1986 Southold Town Planning Board Town Hall Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: N. Charles DeLucca Minor Subdivision Main Road, Southold, New York Dear Mr. Orlowski: In connection with the above-captioned subdivision, I am enclosing a copy of the amended covenant, which has been executed by Mr. DeLuca. If it meets with your approval, kindly let me know and I will record same in the Suffolk County Clerk's Office and forward the Planning Board a copy with the recording information. I am also enclosing a copy of the water supply agreement, which has been agreed to by all parties and is awaiting signature from the Village Board. I will forward a copy of the executed agreement when I receive same. Very tm~ly yourS, RFL/skf Enclosures AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 1986, by N. CHARLE DELUCA, residing at 2401 Halyard Drive, Merrick, New York, herein- after called the "Owner"; WHEREAS, the Owner has title to certain land situate, lying and being at Southold, in the Town of Southold, County of Suffolk, and State of New York, which is more particularly described in Schedule A which is annexed hereto, and which land was the subject ~f an application for a minor subdivision submitted to the Southold' ~own Planning Board on September 24, 1984; and WHEREAS, on April 15, 1985, the Southold Town Planning Board approved the application for minor subdivision subject to imposition of covenants and restrictions on the property; and WHEREAS, the Owner had previously recorded a Declaration of Covenants and Restrictions dated May 29, 1985 which was recorded in the Suffolk County Clerk's Office in Liber 9810 Page 248; and WHEREAS, the Southold Town Planning Board has amended its resolution dated April 15, 1985; and WHEREAS, the Owner desires to amend the aforementioned Declaration of Covenants and Restrictions to conform with the amended resolution of the Town of Southold Planning Board. NOW, THEREFORE, the above-described premises shall be subject to the following covenants and restrictions: 1. There shall be no further subdivision of Lot No. 1 as shown on the minor subdivision map without prior approval of the Planning Board. 2. Access for purposes of ingress and egress from the Main toad (State Route 25) to Lots 1, 2, 3 and 4 on the minor subdivis~r map shall only be from the right-of-way as shown on the minor subdivision map. 3. Declarant does hereby further warrant, covenant and represent the foregoing restrictions shall bind the undersigned, his heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises or any )art thereof by transfer or otherwise· IN WITNESS WHEREOF, the Declarant has duly executed this ~ion the day and year first above written. / ' N. Charles DeLuca STATE OF NEW YORK: COUNTY OF SUFFOLK: ss. On the day of , 1986, before me personally came N. CHARLES DELUCA, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly or southeasterly side of Main Road at the northerly or northeasterly corner of the premises herein described and the northwesterly corner of land of Joseph R. Krukowski; running thence in a southerly direction along said land of Krukowski, South 2" 04' 30" East, a distance of 995.06 feet to a point marked by a monument and land designated on a certain map as "Beixedon Estates" filed in the Suffolk County Clerk's Office as Map No. 1472; running along said last mentioned land, South 1" 38' 40" East, a distance of 278.02 feet to ordinary high water mark of Hippodome Creek; running thence in a north- westerly and westerly direction along ordinary high water mark of Hippodrome Creek on a tie line course which runs North 62° 26' 20" West, a distance of 431.10 feet to land now or formerly of Grace R. Lewis; running thence along said land now or formerly of Grace R. Lewis North 23° 32' 10" West, a distance of 276.02 feet to land now or formerly of Curcuru; running thence along said land now or formerly of Curcuru, two courses as follows: (1) North 70° 55' 40" East, a distance of 73.70 feet; and thence (2) North 20° 41' 10" West, a distance of 433.29 feet to the southerly or southeasterly line of Main Road; running thence in a northeasterly direction along the southerly or southeasterly line of Main Road, North 52° 48' 40" East, a distance of 358.36 feet; continuing thence in a northeasterly direction still along the southerly or southeasterly line of Main Road, North 54o 48' 00" East, a distance of 301.40 feet to the point or place of BEGINNING. WATER SUPPLY AGREEMENT AGREEMENT made this day of March, 1986, by and between the Village of Greenport, a municipal corporation in Suffolk County having its office and principal place of business at 236 Third Street, Greenport, New York, herein called the "VILLAGE", and N. Charles DeLuca, residing at 2401 Halyard Drive, Merrick, New York 11566, herein called the "OWNER". WHEREAS, the OWNER ~s desirous of securing a supply of well water on a map and preliminary site plan; and WHEREAS the OWNER is willing at its cost and expense to lay and install or cause to be laid and installed the water mains, hydrants, fittings and valves described on the map and preliminary plan and to transfer and convey same to the VILLAGE upon comple- tion and, if necessary, to give and procure easements for the maintenance of the mains and the hydrants; and WHEREAS, the VILLAGE is willing to supply the OWNER with its requested water allowances and the parties have agreed upon the terms and conditions for the supply of water and other matters; and WHEREAS the OWNER is the owner in fee of certain premises which premises are shown generally on a map and preliminary plan annexed hereto, made a part hereof and marked Exhibit "A", and entitled "Minor Subdivision on Map of Property Surveyed for N. Charles DeLuca at Southold". WHEREAS OWNER is about to commence a minor subdivision and wishes to construct water mains and install hydrants on the cer- tain rights of way on a certain map entitled "Minor Subdivision on Map of Property Surveyed for N. Charles DeLuca at Southold", con- sisting of one drawing , which are attached hereto, made a part hereof, and marked Exhibit "A", and to connect with the Village Water System portion marked Exhibit "B" in conformity with the Standards and Specifications of the Greenport Water Department. NOW, THEREFORE, in consideration of the premises and cove- nants herein, it is mutaully agreed as follows: FIRST. OWNER will install at its own cost and expense, water main for supply and distribution, throughout the minor sub- division. Said installation shall be in conformity with the rules and regulations of the VILLAGE. SECOND. Locations of all mains, hydrants, and appurtenances are shown on a copv of the map entitled "Minor Subdivision on Map of Property Surveyed for N. Charles DeLuca at Southold", marked Exhibit "A". THIRD. All necessary engineering work, trenching, laying, joining, backfilling shall be done by OWNER and shall sometimes hereinafter be called the "WORK". FOURTH. The VILLAGE will supply the hydrants for installa- tion at the locations shown on said map. OWNER will reimburse the VILLAGE for all hydrants located within the subdivision. FIFTH. Paymen~shall be made upon deliv, for hydrants and the costs of the delivery of the hydrants to the site by the VILGAGE. The VILLAGE shall deliver the hydrants to the site at a time appropriate to the e×Deditious completion of the work pro- vided the VILLAGE is given no less than 21 days notice, and sub- ject to the availablity of the hydrants from the suppliers to the VILLAGE. SIXTH. Until such time as rental for such hydrants is assured and paid for by the Southold Fire Protection District, OWNER will Day annually to the VILLAGE such rental for such hydrants as is from time to time being paid by such District to the VILLAGE for other hydrants in the District. SEVENTH. The standards for the installation of the piping and the hydrants shall be in accordance with the following specifica- tions: (1) polyvinyl chloride pipe (AWWA Spec. C-900) Class 150 or equal with push-on joints/couplings and underground metallic warning tape or (2) cement-lined ductile iron pipe (AWWA spec. C151-76) class 150, or equal. Any pipe and all joints and parts of the system must be able to stand p~essure of not less than 150 pounds per square inch. EIGHTH. The VILLAGE will supply without charge to OWNER suf- ficient water to make essential tests and to leave the system on final approval completely sanitary. NINTH. The WORK shall be inspected by the VILLAGE which hereby delegates its Superintendent of Utilities or his desiqnee full power of inspection hereunder. OWNER will grant complet~ freedom of access to all parts of the premises and the WORK for inspection. The VILLAGE will have an authorized inspector at the site at all proper times so as not to delay the work. No work not passed by the inspector will be accepted by the VILLAGE. No back- filling shall be done until the pipe and the work in the trench has been approved and tested by the inspector. TENTH. OWNER will, and by this agreement does, upon appro- val of the completed work, which the VILLAGE will indicate to the OWNER in writing, dedicate the mains to the VILLAGE, and does hereby grant and convey to the VILLAGE an easement and right of way for the purpose of laying, relaying, reDairinq, operating and maintaining water mains, both supply and distribution, and appur- tenances, including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or private streets in the premises as shown on the attached map. The rights of way and easements shall also extend five feet on either side of the mains to be laid pursuant to this agreement, whether or not such distance shall be within the roadway. The rights of way shall be over the lands herein described and marked "Right of Way" on Exhibit A. ELEVENTH. The easements herein granted are not exclusive, and other easements in said streets may be granted by OWNER to other persons or corporations maintaining public services throughout the development, provided that no other mains are set within two feet internally of the water main and no poles are set into the ground within two feet either side of a line on the sur- face directly above the mains. If a gas, sewer or other main or service necessarily crosses the water main, OWNER will advise the VILLAGE in writing of the exact location of the intersection forthwith upon installation and shall supply maps to the VILLAGE showing the exact locations. Said intersections shall not be per- mitted without prior written consent of the VILLAGE. TWELFTH. If OWNER contracts with a third party for the WORK, as the parties contemplate will be the case, the VILLAGE will examine the proposed contract, plans, and specifications, and promptly furnish OWNER and the third party contractor with a writ- ten statement of what part, ~f any, of the WORK proposed in such contract should be revised to insure approval by the VILLAGE. The VILLAGE will not require any abnormal conditions, unless the situation at the site shall require them. THIRTEENTH. Upon completion, inspection, and approval, the VILSAGE will supply water to the development and the OWNERS of the lands therin at the rates and pursuant to the rules and regula- tions of the VILLAGE in force from time to time. FOURTEENTH. The parties understand that final approval of the subdivision map has not been given by all necessary public authorities. The VILLAGE enters into this agreement to assist OWNER in securing such approval, and by way of contractually assuring to OWNER public water supply, if such subdivision appro- val is secured. FIFTEENTH. A one inch (1") service line shall be installed to each lot, with a curb stop near the property line. This installation is under the direction and supervision of the Greenport Water Department. SIXTEENTH. The VILLAGE requires a cash contribution of TWO THOUSAND FIVE HUNDRED and SEVENTY DOLLARS ($2,570.00) Der dwelling unit to be placed in the VILLAGE'S Water Department Reserve Fund to help gain new production supply, so as to assure OWNER of future adequate supply. It is contemplated by this contract that the OWNER anticipates construction of four dwelling units. Upon execution of this agreement, the OWNER shall deposit with the VILLAGE the sum of TWENTY-FIVE HUNDRED SEVENTY DOLLARS ($2,570.00) times four dwelling units for the total of TEN THOUSAND TWO HUNDRED EIGHTY DOLLARS ($10,280.00) in bank or cer- tified check. In the event that the OWNER does not complete the project as contemplated by this agreement or does not make appli- cation for the full number of dwelling units alloted or specified herein, the VILLAGE shall keep all funds so deposited by the VILLAGE as the sole exclusive property of the VILLAGE and the OWNERS shall have no claim thereon. SEVENTEENTH. The WORK contemplated by this agreement shall be completed within 24 months of final approval of plans by the Town of Southold, or within additional periods of 24 months each, however, it is hereby mutually agreed and understood that all specifications in reference to materials used for the construc- tion of said system, the WORK to be completed, and/or water to be supplied shall be changed to conform with the then current standards as set by the VILLAGE of Greenport Utility Department, its successor, or its authorized agent at each such interval. EIGHTEENTH. The OWNER agrees that upon completion of the work in accordance with any contract made pursuant hereto, title to the mains, hydrants, valves, and fittings so installed and laid shall be deemed dedicated to the VILLAGE, and the OWNER shall in confirmation of such passage of title, execute an instrument transferring and assigning to the VILLAGE the title, free and clear of all encumbrances or liens to the mains, hydrants, valves and fittings so laid and installed and if required by the VILLAGE shall procure from all persons having an interest in the land in which said mains lie a proper easement in favor of the VILLAGE for the perpetual maintenance, repair or replacement of said mains and fittings including the right to extend the mains and to connect them with other mains to be laid by or under the supervision of the VILLAGE. The instruments so executed shall be in recordable form. NINETEENTH. The VILLAGE agrees that when the installation, laying of the mains, valves, hydrants and fittings has been completed, pursuant to the terms of this agreement, and proper easements have been given, all as hereinbefore provided, the VILLAGE will accept the assignment and conveyance of the mains, valves, hydrants and fittings and maintain them thereafter and supply water to consumers along the mains subject to conditions, rules and regulations of the VILLAGE. TWENTIETH. This agreement contains the complete agreement between the parties for the acquisition by the VILLAGE of the mains, valves, fittings, and hydrants hereinbefore described and the OWNER agrees that it will not make any claims against the VILLAGE on account of the installation of the mains, valves, fit- tings or hydrants and acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which may or may not be enacted. TWENTY-FIRST. This agreement shall enure to the benefit and shall bind the respective heirs, legal representatives, successors or assigns of the parties hereto. TWENTY-SECOND. This agreement shall not be assignable by the OWNER without the consent in writing of the VILLAGE, which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement in four (4) counterparts, all of which shall constitute originals, the day and year first above written. ATTEST: VILLAGE OF GREENPORT Clerk By: George W. ~ubbard, Mayor By: Charles DeLuca JOHN J, MUNZEL -4~ ROANOKE AVENUE STATE OF NEW YORK) COUNTY OF SUFFOLK) On the day of 1986 before me personally came Charles DeLuca, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) On the day of 1986 before me personally came George W. Hubbard to me known, who, being by me duly sworn, did depose and say that he resides at Central Avenue, Greenport, N.Y., that he is the May of the Village of Greenport, N.Y., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order to the board of trustees of said corporation, and that he signed his name thereto by like order. Notary Public Southold, N.Y. 11971 (516) 765-1938 June 11, 1986 Mr. Richard Lark Attorney at Law P.O. Box 973 Cutchogue, NY 11935 Re: Minor subdivision N. Charles DeLuca Dear Mr. Lark: The following action was taken by the Southold Town Planning Board, Monday, June 9, 1986. 7. RESOLVED that the Southold Town Planning Board grant a 90-day extension on the final action on the minor subdivision map for N. Charles DeLuca subject to receipt of request for same from the applicant, in order that the contract from the Village of Greenport for the water and sewer may be secured and the declaration of covenants amended in accordance with the Board's request. Please advise us when the contract has been received and the amended covenants filed. If you would like to discuss this further with the Board, we can schedule an appointment. Please contact this office if you have any questions. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary ROBERT W. TASKER Town Attorney OFFICE OF kTTORNEY TOWN OF SOUTHOLD 425 MAIN STREET · P.O. BOX 697 GREENPORT, L.I., NEW YORK 11944 May 12, 1986 TELEPHONE (516) 47%1400 Mr. Bennett Orlowski, Jr., Chairman $outhold Town Planning Board Main Road Southold, New York 11971 Re: Minor SubdivisiOn Map of N. Charles DeLuca Dear Mr. Orlowski: You recently sent me a copy of the proposed declaration of covenants and restrictions together with a copy of the map relative to the above minor subdivision. According to the action taken on this matter by the Planning Board at its April 15, 1985 meeting, the Planning Board approved the map subject to the filing of covenants and restrictions that no further subdivision would be made with respect to Lot No. 1 and that the right of way running through the premises shall serve as an access to all lots shown thereon and that no driveways will exit on the Main Road. I have the following comments: 1. No reference is made in the declarations to the right of way. A description of the entire subdivision should be annexed to the declarations and recorded with it. RWT :aa Yours very truly, ROBERT W. TASKER enc. LAW OFFICE~ RICHARD F. LARK Southold Town Planning Board Town Hall -- Main Road Southold, NY 11971 Dear Gentlemen: Re: N. Charles DeLuca Minor subdivision Tax Map 1000-66-2-~r On behalf of N. Charles DeLuca, applicant for the above minor subdivision, we hereby request that, pursuant to the Suffolk County Charter section 1325(c), you override the Suffolk County Department of Planning's disapproval of the proposed minos subdivision and approve the survey which conforms with your resolution of April 15, 1985. On September 12, 1984, Mr. DeLuca submitted an application for a minor subdivision of the above property. This Board approved the sketch map for the proposed subdivision by resolution dated April 15, 1985. On May 29, 1985 Mr. DeLuca signed covenants ~nd restrictions prohibiting the further subdivision of the proposed Lot No. 1 without the prior approval of the Planning Board. These covenants and restrictions were recorded with the Suffolk County Clerk June 14, 1985 at Liber 9810 Page 252. On August 9, 1985, the Suffolk County Planning Department disapproved the proposed subdivision. On March 10, 1986 the Suffolk County Department of Health Services approved the water and sewerage arrangements as set forth for the proposed subdivision. We are now before you seeking final approval of the minor subdivision. The comments and reasons set forth in the County's letter of August 9, 1985 disapproving the subdivision are not applicable to this minor subdivision. A quick look at the survey shows that in no way are the proposed lots landlocked. The proposed right of way provides the necessary access to Main Road. Furthermore, it has been a policy of the Southold Planning Board to avoid the creation of "flag lots" in minor subdivisions whenever possible. The right of way is in acc~d~ce with this policy. Covenants and restrictions have been filed with County clerk prohibiting the further subdivision of Lot No. 1 without the prior approval of this Board, The topography of the property is such that the flow of surface water runs in a southerly direction away from Main Road. In- stallation and maintenance of the right of way as has been approved previously by this Board should cause no problems with drainage and the existing flow of surface water. The County Planning Department Suggests that a cul-de-sac be used for this minor subdivision. However, as you have already pointed out, the width and topography of the subject property make the County proposal unfeasible. Moreover, the use of a cul-de-sac prevents any future connection of the proposed right of way to the property east of the subject property, For the above reasons, we request approval of the proposed minor subdivision. STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) u~ther Cusack ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 24 dayof April 19 86 Principal Clerk Sworn to befox~e me this ,:~ ~ dayof ~-/~(~'~?~- 19 / / "/ le~m Ex~ires Febru~ ~ lEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Sec- tion 276 of,the Town Law. public hearings will beheld by the Southold Town Planning Board at.:thg T0W0 Hall, Main Road, Southold; New York in said Town on the 5th day of May, 1986 on the question of the following:.. 7:30 p.m~ ,Approval of the minor subdJvisiot~ of N. Charles DeLu~alocated-at Southold in the Town~f. Sou[h~ld, County of Suffolk,.and State of New York and bounded and describ- ed as follows: BEGINNING~a~ a n°oint on the southerly or ll~iheasterly side of M~hl Rdad at the nor- therlyor northeasterly corner of the premises herein d~scribed and the northwesterly corner of land of Jospeh R. Kurkowski; running thence id a southerly direction along;~aid land of Krukowski, South 2°4*30" East, a distance of 995~.60 feet to a point mfirked by a monument and land designated on a certain map as "Beixedqn Estates" fil- ed in the Suff61k County Clerk'sqOffice :as., Map No. 1472; ril~ning alOng said last mentioned land, South 1°38'40" East, a distance of 278.02 feet to ordinary high water mark of Hippod~me. Creek; running thence in a northwesterly and westerly direction along dinary ]high Water mark of Hip- podrqme Creek on a tie line course which runs North 62026'20'' West, a direction of 431.10~ifeet to land now or formerly of Grace R. LeCvis; running thence along said land now or formerly of Grace R. Lewis Nor0~ 23032, 10" West, a distance o~.. 76.02 feet now or formerly 0'~ Curcuru; ru~lllng thence alofig sai& ~and no~ or formerly,~, of Curcuru, two courses ~....-follows: (1) North 70°55'4&!'~ast, a distance of 73.70 t~oet; a~g~l'thence (2~ North 20°41'10z' West, a distance of 433.2~ feet to the southerly or south~gster line .of Main Road; i thence in a nor- theasterly) along the line COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Trave)er-Watchman once each week for .........................../ weeks successively, commencing on the ......... :?.'/...7 ....... Sworn to oerore me tn s ..................... day of ......... ....... , Notary Public BARBARA FORBES Notary Pub!it, State of New York No. 4806R;6 Qucdificd in Eu££olk County East in :~ nor- , along the og Southeasterly line 'ROad, No~th 301.4~ o the'~point of BEGINNING. Containing 10.38 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated April 15, 1986. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSK1, JR., CHAIRMAN 1 T-4/24/86( 1 ) ROBERT W. TASKER Town Attorney OFFI( 425 MAIN STREET · P.O. BOX 697 GREENPORT, L.I., NEW YORK 11944 May 12, 1986 7986 TELEPHONE (516) 477-1400 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision Map of N. Charles DeLuca Dear Mr. Orlowski: You recently sent me a copy of the proposed declaration of covenants and restrictions together with a copy of the map relative to the above minor subdivision. According to the action taken on this matter by the Planning Board at its April 15, 1985 meeting, the Planning Board approved the map subject to the filing of covenants and restrictions that no further subdivision would be made with respect to Lot No. 1 and that the right of way running through the premises shall serve as an access to all lots shown thereon and that.no driveways will exit on the Main Road. I have the following comments: 1. No reference is made in the declarations to the right of way. 2. A description of the entire subdivision should be annexed to the declarations and recorded with it. Yours very truly, ROBERT W. TASKER RWT :aa eric. RICHARD F. EARl< Southold Town Planning Board Town Hall -- Main Road Southold, NY 11971 May 5, 1986 Dear Gentlemen: Re: N. Charles DeLuca Minor subdivision Tax Map 1000-66-2-2 On behalf of N. Charles DeLuca, applicant for the above minor subdivision, we hereby request that, pursuant to the Suffolk County Charter section 1325(c), you override the Suffolk County Department of Planning,s disapproval of the proposed minos subdivision and approve the survey which conforms with your resolution of April 15, 1985. On September 12, 1984, Mr. DeLuca submitted an application for a minor subdivision of the above property. This Board approved the sketch map for the proposed subdivision by resolution dated April 15, 1985. On May 29, 1985 Mr. DeLuca signed covenants and restrictions prohibiting the further subdivision of the proposed Lot No. 1 without the prior approval of the Planning Board. These covenants and restrictions were recorded with the Suffolk County Clerk June 14, 1985 at Liber 9810 Page 252. On August 9, 1985, the Suffolk County Planning Department disapproved the proposed subdivision. On March 10, 1986 the Suffolk County Department of Health Services approved the water and sewerage arrangements as set forth for the proposed subdivision. We are now before you seeking final approval of the minor subdivision. The comments and reasons set forth in the County's letter of August 9, 1985 disapproving the subdivision are not applicable to this minor subdivision. A quick look at the survey shows that in no way are the proposed lots landlocked. The proposed right of way provides the necessary access to Main Road. Furthermore, it has been a policy of the Southold Planning Board to avoid the creation of "flag lots" in minor subdivisions whenever .possible. The right of way is in accordance with this policy. De Luca page 2 Covenants and restrictions have been filed with County clerk prohibiting the further subdivision of Lot No, 1 without the prior approval of this Board, The topography of the property is such that the flow of surface water runs in a southerly direction away from Main Road, In- stallation and maintenance of the right of way as has been approved previously by this Board should cause no problems with drainage and the existing flow of surface water. The County Planning Department Suggests that a cul-de-sac be used for this minor subdivision. However, as you have already pointed out, the width and topography of the subject property make the County proposal unfeasible. Moreover, the use of a cul-de-sac prevents any future Connection of the proposed right of way to the property east of the subject property, For the above reasons, we request approval of the proposed minor subdivision. ~FL/wdm Very truly y o~rs~ RICHARD F. LARK Southold Town Planning Board Town Hall -- Main Road Southold, NY 11971 May 5, 1986 Dear Gentlemen: Re: N. Charles DeLuca Minor subdivision Tax Map 1000-66-2-2 On behalf of N. Charles DeLuca, applicant for the above minor subdivision, we hereby request that, pursuant to the Suffolk County Charter section 1325(c), you Override the Suffolk County Department of Planning,s disapproval of the proposed minor subdivision and approve the survey which conforms with your resolution of April 15, 1985. On September 12, 1984, Mr. DeLuca submitted an application for a minor subdivision of the above property. This Board approved the sketch map for the proposed subdivision by resolution dated April 15, 1985. On May 29, 1985 Mr. DeLuca signed covenants and restrictions prohibiting the further subdivision of the proposed Lot No. 1 without the prior approval of the Planning Board. These COvenants and restrictions were recorded with the Suffolk County Clerk June 14, 1985 at Liber 9810 Page 252. On August 9, 1985, the Suffolk County Planning Department disapproved the proposed subdivision. On March 10, 1986 the Suffolk County Department of Health Services approved the water and sewerage arrangements as set forth for the proposed subdivision. We are now before you seeking final approval of the minor subdivision. The comments and reasons set forth in the County's letter of August 9, 1985 disapproving the subdivision are not applicable to this minor subdivision. A quick look at the survey shows that in no way are the proposed lots landlocked. The proposed right of way provides the necessary access to Main Road. Furthermore, it has been a policy of the Southold Planning Board to avoid the creation of "flag lots" in minor subdivisions whenever .possible. The right of way is in accordance with this policy. De Luca Page 2 Covenants and restrictiQns have been filed with County clerk prohibiting the further subdivision of Lot No. 1 without the prior approval of this Board. The topography of the property is such that the flow of surface water runs in a southerly direction away from Main Road. In- stallation and maintenance of the right of way as has been approved previously by this Board should cause no problems with drainage and the existing flow of surface water. The County Planning Department Suggests that a cul-de-sac be used for this minor subdivision. Howeve pointed out, the width an~ ~ ....... r, as you have already make the County proposal ~_~F~¥~pny o~ the subject pro erty- cul-de-sac ~r ...... ~ _unfeasible. Moreover the s P ~ ..... ~ =v=n~ any ~uture connec~ ~ ~ u e of a ?~ -u~ uo nne propertv east ~ ~ .... Ct-,. u~ une proposed ri ht ~ -~ ~= ~uDSect property, g For the above reasons, we request approval of the proposed minor subdivision. RFL/wdm p~ D T~LD Southold, N.Y~ 11971 (516) 765-][988 April 17,1986 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: N. Charles DeLuca Dear Mr. Tasker: Enclosed is a subdivision map for the above mentioned proposal, and a copy of the proposed covenantS and restrictions. Also, enclosed is a copy of the resolution of the Planning Board requesting the covenantS and restrictions. would you please review the declaration and advise our Board if it is acceptable. Thank you for your assistance in this matter. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary enc. Southold, N.Y. 11971 (516) 765-1938 April 16, 1985 Mr. Richard F. Lark P.O. Box 973 Cutchogue, NY 11935 Re: Charles DeLuca subdivision at Southold Dear Mr. Lark: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, April 15, 1985. RESOLVED that the Southold Town Planning Board approve the sketch map for the minor subdivision of Charles DeLuca, for 4 lots on 10.5 acres, at Southold; plan dated July 24, 1984 subject to the following: 1. Covenants and restrictions as to no further subdivision in perpuity on Lot No. i. It was also agreed that the right-of-way shall serve as access to all the lots and there Will be no driveways Onto Main Road. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWsKi, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 April 17, 1986 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 Re: N. Charles DeLuca Dear Mr. Lark: Enclosed, for your reivew, is a copy of the decision from the Suffolk County Planning Commission regarding the above mentioned subdivision. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary enc. OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE AUG 13 198.5 DEPAF~TMENT OF F~LANNING LEE E. KOPPELMAN DIRECTOR Of PLANNING August 9, 1985 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - N. Charles DeLuca Southerly side of Main Road, New York State Route 25, approximately 700 feet southwesterly from Arshamomaque Avenue, Southold, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on August 7, 1985, reviewed the proposed subdivision plat entitled, Minor Subdivision - N. Charles DeLuca, referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to disapprove said map for the following reasons: 1. The proposed subdivision will result in the creation of three lan~- locked parcels; that is, parcels that do not have frontage on an existing or proposed public road. The creation of such lots is con- tra~y to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned; this could result in health, safety and welfare problems for the future residents of these lots. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for each of these lots under Section 280-a of the Town Law as the future owners of these lots cannot be held responsible for the landlocked nature of the parcels. 2. It is evident that Lot 1 will be subdivided in the future. Consider- ation should have been given to this possibility and its affect on the overall design. There is no provision for containment of stormwater runoff on the property so that it will not flow out into the state road. Mr. Bennett Orlowski, 3r. 'V -2- 9, 1985 Minor Subdivision - N. Charles DeLuca The Commission also offers the following comments on the map for your use and consideration: It is suggested that the subdivision be redesigned with a sho~rt cul-de- sac street to provide suitable access to the lots and with suitable stormwater runoff containment to insure that the runoff resulting from the development of this tract will not flow into the right-of-way of the state road. The design should also take into consideration the potential of Lot 1 being subdivided. Very truly yours, Lee E. Koppelman Director Charles G. Lind Subdivision Review Section File: S-SD-85-22 CGL:gcc Encl.: Maps cc: Robert A. Villa, P.E., SCDHS Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 5th day of May, 1986 on the question of the following: 7:30 p.m. Approval of the minor subdivision of N. Charles DeLuca located at Southold in the Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at a point on the southerly or southeasterly side of Main Road at the northerly or northeasterly corner of the premises herein described and the northwesterly corner of land of Joseph R. Krukowski; running thence in a southerly direction along said land of Krukowski, South 204'30'' East, a distance of 995.60 feet to a point marked by a monument and land designated on a certain map as "Beixedon Estates" filed in the Suffolk County Clerk's Office as Map No. 1472; running along said last mentioned land, South 1°38'40'' East, a distance of 278.02 feet to ordinary high water mark of Hippod~me Creek; running thence in a northewesterly and westerly direction along ordinary high water mark of Hippodrome Creek on a tie line course which runs North 62026,20'' West, a direction of 431.10 feet to land now or formerly of Grace R. Lewis; running thence along said land now or formerly of Grace R. Lewis North 23°32'10'' West, a distance of 276.02 feet to land now or formerly of Curcuru; running thence along said land now or formerly of Curcuru, two courses as follows: (1) North 70055,40'' East, a distance of 73.70 feet; and thence (2) North 20°41,10'' West, a distance of 433.29 feet to the southerly or southeasterly line of Main Road; running thence in a northeasterly direction along the southerly or southeasterly line of Main Road, North 52048,40'' East, a distance of 358.36 feet; continuing thence in a northeasterly direction still along the southerly or southeasterly line of Main Road, North 54048'00'' East, a distance of 301.40 feet to the point or place of BEGINNING. Containing 10.38 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated April 15, 1986 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR., CHAIRMAN P.ease publish one time on Thursday, April 24, 1986 and forward one affidavit of publication to Southold Town Planning Board, M~in Road, Southold, NY 11971 Delivered to the following on 4/15/86: S~ffolk Times L.)ng Island Traveler Watchman Richard Lark, esq. S~pervisor Francis Murphy LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 5th day of May, 1986 on the question of the following: 7:30 p.m. Approval of the minor subdivision of N. Charles DeLuca located at Southold in the Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at a point on the southerly or southeasterly side of Main Road at the northerly or northeasterly corner of the premises herein described and the northwesterly corner of land of Joseph R. Krukowski; running thence in a southerly direction along said land of Krukowski, South 204,30'' East, a distance of 995.60 feet to a point marked by a monument and land designated on a certain map as "Beixedon Estates" filed in the Suffolk County Clerk's Office as Map No. 1472; running along said last mentioned land, South lO38,40'' East, a distance of 278.02 feet to ordinary high water mark of Hippodrome Creek; running thence in a northewesterly and westerly direction along ordinary high water mark of Hippodrome Creek on a tie line course which runs North 62026,20'' West, a direction of 431.10 feet to land now or formerly of Grace R. Lewis; running thence along said land now or formerly of Grace R. Lewis North 23°32'10'' West, a distance of 276.02 feet to land now or formerly of Curcuru; running thence along said land now or formerly of Curcuru, two courses as follows: (1) North 70o55,40', East, a distance of 73.70 feet; and thence (2) North 20o41,10', West, a distance of 433.29 feet to the southerly or southeasterly line of Main Road; running thence in a northeasterly direction along the southerly or southeasterly line of Main Road, North 52048,40', East, a distance of 358.36 feet; continuing thence in anortheasterly direction still along the southerly or southeasterly line of Main Road, North 54°48'00'' East, a distance of 301.40 feet to the point or place of BEGINNING. Containing 10.38 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated April 15, 1986 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR., CHAIRMAN Please publish one time on Thursday, April 24, 1986 and forward one affidavit of publication to Southold Town Planning Board, Main Road, Southold, NY 11971 Delivered to the following on 4/15/86: Suffolk Times Long Island Traveler Watchman Richard Lark, esq. Supervisor Francis Murphy Southold, N.Y. 11971 (516) 765-1938 April 15, 1986 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 Re: N. Charles DeLuca Dear Mr. Lark: The following action was taken by the Southold Town Planning Board, Monday, April 14, 1986. RESOLVED that the Southold Town Planning Board set Monday, May 5, 1986 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the minor subdivision of N. Charles DeLuca located at Main Road, Southold. Enclosed is a copy of the legal notice. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary enc. LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 5th day of May, 1986 on the question of the following: 7:30 p.m. Approval of the minor subdivision of N. Charles DeLuca located at Southold in the Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at a point on the southerly or southeasterly side of Main Road at the northerly or northeasterly corner of the premises herein described and the northwesterly corner of land of Joseph R. Krukowski; running thence in a southerly direction along said land of Krukowski, South 204'30'' East, a distance of 995.60 feet to a point marked by a monument and land designated on a certain map as "Beixedon Estates" filed in the Suffolk County Clerk's Office as Map No. 1472; running along said last mentioned land, South 1°38,40'' East, a distance of 278.02 feet to ordinary high water mark of Hippodrome Creek; running thence in a northewesterly and westerly direction along ordinary high water mark of Hippodrome Creek on a tie line course which runs North 62026'20'' West, a direction of 431.10 feet to land now or formerly of Grace R. Lewis; running thence along said land now or formerly of Grace R. Lewis North 23°32'10'' West, a distance of 276.02 feet to land now or formerly of Curcuru; running thence along said land now or formerly of Curcuru, two courses as follows: (1) North 70055,40'' East, a distance of 73.70 feet; and thence (2) North 20o41,10'' West, a distance of 433.29 feet to the southerly or southeasterly line of Main Road; running thence in a northeasterly direction along the southerly or southeasterly line of Main Road, North 52048,40'' East, a distance of 358.36 feet; continuing thence in a northeasterly direction still along the southerly or southeasterly line of Main Road, North 54048'00'' East, a distance of 301.40 feet to the point or place of BEGINNING. Containing 10.38 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated April 15, 1986 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI, JR., CHAIRMAN Please publish one time on Thursday, April 24, 1986 and forward one affidavit of publication to Southold Town Planning Board, Main Road, Southold, NY 11971 Delivered to the following on 4/15/86: Suffolk Times Long Island Traveler Watchman Richard Lark, esq. Supervisor Francis Murphy RICHARD F. LARK WILLIAM D. MOORE Southold Town Planning Board Town Hall - Main Road Southold, New York 11971 RICHARD F. LARK CUTC:HOGUE. NEW YORK RE: N. Charles DeLuca Southold, NY ATT: Diane M0 $chultze, Secretar Dear Miss Schultze: Pursuant to your letter of July 30, 1985, I ara enclosing a print of the survey "Minor Subdivision on Map of Property Surveyed for N. Charles DeLuca.at Southold, Suffolk Co., N.Y." on which the Suffolk County Department of Health Services has indicated its approval of the proposed water supply and sewage disposal. Please schedule the public hearing on this matter as soon as possible. Very truly yours, ~lchard F. Lark RFL/mld Enclosure cc: N. Charles DeLuca TOW4N OF SO~ S DFFQ LK~-_.CO Southold, N.Y. 11971 (516) 765-1938 NEGATIVE DECLARATION July 29, 1985 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of N. Charle.s DeLuca is for 4 lots on 10 acres at Main Road, Southold. Tax Map No. 1000-66-2-2 The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The Department of Environmental Conservation has indicated that this project is an unlisted action and will not have a significant effect on the environment. The Department of Health Services has no objection to our designation of lead agency, there is no record of an application to that department. It appears that the project can be served with individual water supply systems. A subdivision map is required to be filed under Article 6, the following information is needed by that department prior to further review~~i 1. subsoil conditions to a depth of 17'~2etter of determination from the DEC regarding lots No. 3 and 4 under the tidal wetlands act. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schu~tze, Secretary, Southold Town Planning Board, Main Road, Southold New York 11971 ' Copies mailed to the following; Robert Flack, DEC Commissioner NYS, DEC at Stony Bro~k suffolk County Department of Health Services Suffolk County Planning Commission Francis Jo Murphy Richard Lark, attorney for applicant I 4.42.2. Ac. Z 80,000 3 80,000 4 80,000 COUNTY OF SUFFOLK PETER F. COHALAN ~iUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. Bate I1-?- We are in receipt of your letter dated ~-,,,~, ~f concerning the above referenced project. ~ 1. This Department has no objection to your designation of lead agency status. 2. This Department is in agreement with your initial determination. 3. This Department does not agree with your initial determination. See Cor~nents. Insufficient information is available for technical conmmnts. There is no record of an application to this Department. A more accurate project location is needed. (Suffolk County Tax Map ~} This Department has received an application and it is: Complete Incomplete Other: It appears that the project can be served by: Sewage Dispos~l System Sewer System and Treatment Works Subsurface Sewage Disposal System(s) Other: 548-3318 Water Supply System A Public Water Supply System Individual Water Supply System(s) Other: Comments: The Health Department's primary environmental concern pertaining to development is that the applicant comply with the requirements of the Suffolk County Sanitary Code especially Article ¥ and VI, and relevant construction standards for water supply and sanitary sewage disposal. These considerations are to be reviewed completely at the tin~ of application. Full consideration in placement of water supply wells and disposal systems is given to state and town wetland requirements. The Health Department maintains jurisdiction over final location of disposal and well systems and the applicant should not undertake to construct any water supply or disposal system without Health Department approval. Other portions of the Suffolk County Sanitary Code also apply to commercial development such as Article XII. The Lead Agency is requested to forward a copy of this form to the applicant with its findings. Further comment may be provided upon completion of the application review. Name ~ ~e..~/x/~/_)~f Phone Southold, N.Y. 11971 (516) 765-1938 July 30, 1985 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 Re: N. Charles DeLuca Southold Dear Mr. Lark: Enclosed is a copy of the negative declaration issued by the Planning Board for the subdivision of N. Charles DeLuca at Southold. Upon receipt of notice of approval from the Health Department under Article 6, we will schedule a public hearing on this matter. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. P,~RD TO~W.N OF S~U~[~I.(~LD 8outhold, N.Y. 11071 ($16) 765-1938 NEGATIVE DECLARATION July 29, 1985 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section' 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of N. Charles DeLuca is for 4 lots on 10 acres at Main Road, Southold. Tax Map No. 1000-66-2-2 The project has be~n determined not to have a significant effect on the environment for the following reasons: · An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The Department of Enuironmental Conservation has indicated that this project is an unlisted action and will not have a significant effect on the environment. The Department of Health Services has no objection to our designation of lead agency, there is no record of an application to that department. It appears that the project can be served with individual water supply systems. A subdivision map is required to be filed under Article 6, the following information is needed by that department prior to further review: 1. subsoil conditions to a depth of 17'~2etter of determination from the DEC regarding lots No. 3 and 4 under the tidal wetlands act. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M. Schurtze, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Southold, N.Y. 11971 Richard Ward KennethilEdwards BENNETT ORLOWSKI.~r., Chairman GEORGE~TC~ELATHAM. J£. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 TELEPHONE 765- 1938 Gent lemen: Pursuant to Section 1333, Article XIII of the suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision) Hamlet~(~ Tax Parcel Identifier No.L~ Material Submitted: Minor Subdivision - Class A(3 copies) Major subdivision (3 Copies). Preliminary Map (1 copy) Darinage Plan (1 copy) Grading Plan (1 copy) Other material Class B (2 copies) ; Topographic Map (1 copy) ; ; Street Profiles (1 copy) ; ; Plan~ing Board Res. (1 copy) (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Very truly yours, WAIVER OF SUBDIVISION REQUIREMENTS The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary }lap Street Profiles Other (describe) Topographic M~p Grading Plan Drainage Plan Land~cape Plan. Reason: l) a) b) e) }~nor Subdivision Not required by subdivision regulations _ ~ Subdivision of lot on an existing improved filed map Other . (describe) 2) Major Subdivisign a) No new drainage structureS and no changes in existing drainage proposed b) No new roads and no changeS in existing roads proposed c) No major site clearing and grading proposed d) Other (describe)__ o so uoLn ~UFFOLK~£OUNTY '-O~',:. ~/! ~ Richard Ward Kenneth.i Edwards " BENNETT ORLOWSEL ~r., Chairman GEORGE RITCHIE LATHAM, Jr, William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Southold, N.Y. 11971 Gentlemen: TELEPHONE 765- 1938 Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Plannin Boa following proposed final ~ ~- ~? _ r~ hereby refers the ~ ~== ~ =ne MufIolk County Planning Commission: ( inor Subdivision),, 97, Hamlet 30 Tax Parcel Identifier No.~ Material Submitted: Minor Subdivision - Class A(3 copies) Major Subdivision (3 Copies)_ Preliminary Map (1 copy) Darinage Plan (1 copy)__ Grading Plan (1 copy) _Class B Other material (2 copies)__ ; Topographic Map (1 copy)__ .; ; Street Profiles (1 copy).. _; ; Plann'ing Board Res. (1 copy)__ _; (specify and give number of copies)_ Waiver of Subdivision Requirements See attached sheet Comments: d~ ~/'Q}r~lT~-~'J~ (3-~'~LI (l]i~O. ~O,/J~ ~~~] Very truly yours, RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P, O. E3OX 973 CUTEHO~UE. NEW YORK 11935 TELEPHONE 516 ?~4-C~307 June 12, 1985 Southold Town Planning Board 53095 Main Road Southold, New York 11971 ATT: Diane Schultze, Secretary RE: Minor Subdivision for N. Charles DeLuca Southold, New York Dear Diane: In connection with the above-captioned matter, I am enclosing three copies of the final map together with a photostatic copy of the Covenants and Restrictions being filed in the Suffolk County Clerk's office. When I receive the recorded Covenant, I will supply you with the recording information. Very ~uly yours~? ~ichard F. ,~rk RFL:bc Enclosures RICHARD f. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORk 11935 TELEPHONE 516 734-6807 March 25, 1985 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Diane Schultze, Secretary RE: Minor Subdivision - Charles DeLuca Southold, New York Dear Diane: Pursuant to your telephone conversation with my secretary, I am enclosing a copy of a Notice of Complete Application Mr. DeLuca received from the New York State Department of Environ- mental Conservation dated March 13, 1985. It is my understanding you have scheduled this matter on the agenda of the April 15, 1985 meeting. If you have any questions concerning this matter, please do not hesitate to contact me. RFL:bc Enclosure Very truly yours, Richard F. Lark Applicant: Address: NEW YORK rENTAL CONSERVATION NOTICE OF ¢OMPL~I'E APPLIOATION N. Charles DeLuca 2401 Balyard Drive Merrick, New York 11566 Date: 14arch 13th, 1985 Permits applied for and application number(s) Tidal Wetlands ~10-85-0207 Project description and location. Town/~lq[ of Southold County of Suffolk Subdivision of 10.5 acre parcel into three (3) 80.000 square ft. lots and one (1) 4.4 acre lot for residential development - all above the elevation of 10' HSL (USGVD) - north of and adjacent to Hippodrome Pond, Southold, N.Y. SEQR DETERMINATION: (check appropriate box) i-1 SEQR-1 Project is not subject to SEQR because it is an exempt, excluded or a Type II action. [] SEQR-2 Project is a Type I action; it has been determined that the project will not have a sisnificant effect on the environment. A Negative Declaration has been prepared and is on file. q~ SEQR-3 Project is an unlisted action; it has been determined that the project will not have a sisnificant effect on the environment. [] SEQR-4 A draft environmental impact statement has been prepared on this project and is on file. [] SEQR-5 A final environmental impact statement has been prepared on this project and is on file SEQR LEAD AGENCY NYSDEC AVAILABILITY FOR PUBLIC COMMENT: Applications may be reviewed at the address listed below. Comments on the project must be submitted to the Contact Person indicated below by no later than ' Ant:U_ 12t:h. 1985 CONTACT PERSON: David DeRidder ~ttetnate Regional I~ISDEC TO THE APPLICANT: 1. THIS I$ NOT A PERMIT Regulatory A~fairs Unit Bldg. (40), SUI~, Em. 219 Stony Brook, New York 11794 (516) 751-7900 2. This is ~o advise you that yovr application is complete and a review has commenced. Additional inlormation may be requesled imm you at a lutute dele, ii deemed necessary, in order to reach a decision on your application. 3. 'Yom project is classified MAJOR. Accordinsly, a decision will be made within 90 days of the date of this Notice. If a public hearth8 is necessary, you will be notified within 60 days and the hearin8 will commence within 90 deys of the date of this notice. If a hearin$ is held, the final decision will be made within 60 days after the hearth8 is completed. 4. Publication of this No~ice in a newspaper is: [] required ~ not required Il required, please consull the accompanyin8 transmitlal letter for further instructions. CC: Chief Execulive Officer Southold Town Supervisor invironmemal Notice Bulletin, Room 509, 50 Wolf Road, Albany, N.Y. 12233-0001 File Sbuthold, N.Y. 11971 (516) 765-193~ November 28, 1984 David DeRidder New York State Dept. Environmental Conservation DEC, Building 40, Room 219 SUNY, Stony Brook, NY 11794 Dear Mr. DeRidder: Please find enclosed one cop~, of the minor subdivision map of N. Charles DeLuca (SCTM-1000-66-2-2). You will note that lots 3 and 4 front on Hippodrome Creek. Since our minimum lot area is 80,000 square feet, we request that you stake the mean high water mark and edge of wetlands and let us know your findings. We are requesting this information so that we can be sure that the lots will meet our minimum requirements. Thank you for your assistance in this matter. If you have any questions, or need further information regarding this, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Richard Lark, esq. Southold, N.Y. 11971 (516) 765-1938 October 31, 1984 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assess~nt Form and a copy of the map of the minor subdivision of Charles DeLuca, located at Sou~hold, (1000-66-2-2). This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until November 1984. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act% and our agency will assume the status of lead agency. 14, Yours truly, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, cc: Department of Health Services ..... Secretgry SOUTHOLD INSTRUCTIONS: SHORT--ENV]RONMENTAL ASSESSMENT F~R~4 iEp1 71984 (a) In order to answer the questions in this short EAF it is assumed that the preparer wiII use curre6tIy availabie information concerning the project and the IikeIy impacts of the action. It is not expected that additionaI studies, research or other investigations wiI1 be undertaken. (b) IF any question has been answered Yes the project may be significant and a compIeted EnvironmentaI Assessment Form is necessary. (c) IF aII questions have been answered No it is IikeIy that thls project is not significant. (dj En-~ronmentaI Assessment ~'. WiII project resuIt in a large physicaI change to the project site or physlcaIly alter more than IO acres of Iand? ........................ × Yes No 2. WilI there be o major change to any unique or ' ' unusuaI iand Form Found on the site? .......... Yes.x No 3. WiI1 project aIter or have a Iarge effect on existing body of water? ....................... Yes × No 4. WiII project have a potentiaIIy Iarge impact ' on groundwater quaIity? ....................... Yes × No 5. WilI project significantIy effect drainage " - Flow on adjacent sites? ........................ Yes × No 6. Will project affect any threatened or " endangered plant or animal species? ........... Yes × No 7. Will project result in a major adverse effect on air quality? ............................... Yes × No 8. Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes.× No 9. Will project adverseiy impact any site or - i ' structure of h storzc, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? ............. ; .............. _ Yes x No 10. Will project hove a major effect on existing '" or Future recreationaI opportunities? ......... Yes × No II. WiII project resuIt in major traffic probIems or cause a major effect to existing transportation systems? ....................... Yes.× No I2. WiII project reguIarIy cause objectlonabIe ' odors, noise, gIare, vibration, or electricaI disturbance as a resuIt of the project's operationO ..................................... Yes × No 13. WiII project have any impact on pubI£c heaIth' or safety?... 14. Will project ~'~e'exi~i~g com~nity'b~ YesXNo directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the chara~-~-er of the community or neighborhood? ................................. ~Yes X No Is there public controversy concerning the project? ...................................... .... Yes X No I5. PREPARER ' S SIGNATURE REPRESENTING N. Ch~ries DATE September 12, 1984 Southold, N.Y. 11971 (516) 765-1938 October 9, 1984 Mr. Richard Lark Attorney at Law Main Road Cutchogue, NY 11935 Re: Charles DeLuca subdivision at Southold Dear Mr. Lark: The Planning Board reviewed the above mentioned application at the regular meeting of October 8, 1984. It was the consensus of the Board that prior to any action a field inspection will be made. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD C> ~2chu ~tze, Secre~r~ la ~-'~ RICHARD F. LARK SEP :l ? 1984 September 12, 1984 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Miss Diane Schultze, Secretary RE: Minor Subdivision for N. Charles DeLuca - Southold, New York Dear Miss Schultze: In connection with the above-captioned minor subdivision application, I am enclosing the following: Original and copy of Application for Approval of Plat dated September 12, 1984, signed by Mr. DeLuca. 2. Short Environmental Assessment Form. e Letter to the Planning Board concerning grading, roads and drainage dated September 12, 1984, signed by Mr. DeLuca. Six (6) prints of the Sketch Plan for Minor Subdivision on Map of Property Surveyed for N. Charles DeLuca. My check payable to the Town of Southold in the amount of $100.00 representing the required filing fee. If the above papers are all in order, would you please schedule this matter for the next available Planning Board meeting and advise me of the date and time. If you have any questions concerning this matter, please do not hesitate to contact me. RFL:bc Enclosures Very ~u~y~--" yours, ~-/Richard F. %~: SEP I 7 1984 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for ~FcR~) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) h Minor Subdivision for N. Charles 2. The name of the subdivision is to -e .................................................... DeLuca 3. The entire land under application is descrlbed in Schedule "'A" hereto annexed. suggested.) (Copy of deed 4. The land is held by the applicant under deeds recorded in Suffolk Count}, Clerk's office as folloxvs: Liber . 5972 Page 536 June 13, 1966 ........................... -~zgz ...................... On ........................ ............ t ..... lkt .~ ....... 5. The area of the land is 10.5 ................ acres. 6. All taxes which are liens on the land at the (late hereof have been paid lmelql~x .... not ............................ 7. The land is/encumbered by ...c~p.~.... mortgage ~ ............. ~ ..................... k:!~ S.,, . ..................... 8. There are no other encumbrances or liens against the Iand.t~Xl~tx .............. ~ .......... 9. The land lles in the folloxving zoning use districts . . .Res.1..de.n.t.%.a.1...a.p..d. .......... Agricultural 10. No part of the land lies under water whether tide water, stream, pond %vater or otherwlse, lex. x 11. The applicant shall at his expense install all required public improvements. 12. The land (~ro~k (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if xvithin a District, is 13./Water mains will be laid,~M ............................................................ 14. Electric lines and standards ~vill be installed by Long Island Lighting Compa.ny. lines. · ................ and ~', ,~)XX(no) cbarge will be made for installing' said No 15./Gas mains will be installed~J~:~ ....... ...; ........... xamaxx~x~a~)~ ..................................... 16. If streets shown on the plat are claimed by the appli,c, an,,t to be existing public streets in the Suffolk County Hi§hway system, annex' S~edule B hereto, to show same. 17. If streets shown on the plat are claimed by tbe applicant to be existing publlc streets in the Town of Southold Highway system, annex Schedule "C" ' hereto to show same. 18. There are no existing' buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on ad.~olning sub~ di¥islon maps heretofore filed, there are no reserve strips at the end of the streets on said existing' maps at their con.hmctions wltb the proposed streets. 20. In the course of these proceeding's, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. $obmit a copy of proposed deed for lots showinff all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that tbe cnst of grading and required public improvements will be $. · · 7.0.7... as itemized in Schedale "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at. .... wQ.'z ..... years. The Performance Boud will be written by a licensed surety company unless othe.rwise shown on Schedule "F". DATE ...... ~ ~ p .i.e..~...e.r...1.2., ....... 19.8.~ . .N.:..C..b.a..r.1..e.s.. D.e..L~ ¢ g ...................... (Signature and Title) 2401 Halyard Drive, Merrick Y ~1566 (Address) STATE OF NEW YORK, COUNTY OF SUFFOLK ................................ , SS: On the ....1..2.t:.h. ......... day of ........ ~: .°_D..g.~.n3..b.o..r .......... 19..~{l.., before me personally came N. Charles DeLuca ............................................ to me known to be the individual described {n and who executed the foregoing instrument, and acknoxvledged that ............ executed tile same. I, AB~TTE CORNINIr NOTARY PUGLIC, S:ate of New York Suffolk County No. 52-57'92800 STATE OF NEW YORK, COUNTY OF ............................ SSCommls~ion Explr~s Match 30, 19-.-~u- On the ................ day ............ of .............. , 19 ...... , before me personally came .......................... t6"h~e kuown, who being by me duly sworn did de- pose and say that ........ resides at N'o. ................................. that .......................... is the .......... .................. of the corporation described in and which executed the foregoiug instrument; that ............ knoxvs the seal of said corporatlou; that the seal a[fixed hy order of the board of directors of said corporation. and that ............ signed .............. name thereto by like order. No[~ry Public ....... SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly or southeasterly side of Main Road at the northerly or northeasterly corner of the premises herein described and the northwesterly corner of land of Joseph R. Krukowski; running thence in a southerly direction along said land of Krukowski, South 2° 04' 30" East, a distance of 995.06 feet to a point marked by a monument and land designated on a certain map as "Beixedon Estates" filed in the Suffolk County Clerk's Office as Map No. 1472; running along said last mentioned land, South 1° 38' 40" East, a distance of 278.02 feet to ordinary high water mark of Hippodome Creek; running thence in a north- westerly and westerly direction along ordinary high water mark of Hippodrome Creek on a tie line course which runs North 62° 26' 20" West, a distance of 431.10 feet to land now or formerly of Grace R. Lewis; running thence along said land now or formerly of Grace R. Lewis North 23° 32' 10" West, a distance of 276.02 feet to land now or formerly of Curcuru; running thence along said land now or formerly of Curcuru, two courses as follows: (1) North 70° 55' 40" East, a distance of 73.70 feet; and thence (2) North 20° 41' 10" West, a distance of 433.29 feet to the southerly or southeasterly line of Main Road; running thence in a northeasterly direction along the southerly or southeasterly line of Main Road, North 52° 48' 40" East, a distance of 358.36 feet; continuing thence in a northeasterly direction still along the southerly or southeasterly line of Main Road, North 54° 48' 00" East, a distance of 301.40 feet to the point or place of BEGINNING. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for ~rglO~g~) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Towu Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be Minor Subdivision for N. Charles DeLuca 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk Count), Clerk's office as follows: ~.7~ ' p 536 Liher ............ age .. June 13 1966 L:L ................... ]~as ....................... 5. The area of the land is . 1,0.5 ' ................ acres. 6. All taxes which are liens on the land at the date hereof have been paid ~m:~p~ ...... ~Ot ...... 7 The land is/encumbered by i~D,y. '" mortgage (,x);X~kll~]rX;~ ' .............. ~-" h~ ~'~ ~7 of .............. ~ ..................... hc:A' b.,- . ..................... 8. There are no other encumbrances or liens agaiust the laud.i~C~l~X .............. . .......... 9. The land lies in the following zoning use districts . ' .g"...R.e..~.J:..d.e..n~i..~.Z. ~.iad .... Agricultural 10. No part of the land lies under water whether tide water, stream, pond xvater or otherwis0,lex-x 11. The applicant shall at his expense install all required public improvements. 12. The land (lia~g)~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. NO 13./Water mains will be laid. l~}~ ............................................................ 14. Electric lines and standards will be installed by Long Island Lighting ComRa.ny' ..................................... and ~X(no) cbarge will be made for installing said lines. NO 15./Gas mains will be installed:Fo~... ' ................................. 18. 19. 16. If streets shown on the plat are claimed by th.e applicant to be existing public streets in the Suffolk County Highway system, annex' Sdhedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. There are no existing buildings or structures on the land which are not located and shown on the plat. Where the plat shows proposed streets which are exteusious of streets on adjoiuing sub- division maps heretofore flied, there are no reserve strips at the end of the streets on said existing maps at their conjuuctious with the proposed streets. In the course of tbese proceediugs, the applicant will -Her proof of title as required by Sec. 335 of the Real Property Law. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Aunex Schedule "D". 22. The applicant estimates that tim cost of grading and required public improvements will be $...7.Q7... as itemized in Schedule °'E" hereto annexed and requests that the maturity of the Performance Bond be fixed at '.....TQ.~. ..... years. The Performance Bond will be xvritten by n licensed surety company unless othe.rwise shoxvn on Schedule "F". DATE ...... .S .e. p .t.e..~. ~ .r.. ~, ....... 19.8.4. (Name of Applicant) ~ / (Signature and Title) 2401 Halyard Drive, Merrick .N.Y..~1566 (Address) STATE OF NEW YORK, COUNTY OF ..... S..U.F.F..0.L..K. .................. ss: On the ....1..2.t.h. ......... day of ........ 8- .~lqg.~..mb..e..r .......... 19../] {I.., before ,ne personally came N. Charles DeLuca to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ............ executed the same. BABBTTE CORNINE NOTARY PUBLIC, $~ate of New York STATE OF NEW YORK. COUNTY OF ............................ ss: Suffolk County Ne. 52-5792800 ~ : Gommis~ion Expires March 30, I ~ On the ................ day ............ of .............. , 19 ....... before me personally came .......................... t0"b~e known, who being by me dui)' sxvorn did de- pose and say that ............ resides at No ..................................................... ................................. that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and Ihat ............ signed .............. name thereto by like order. Notary Public \, SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly or southeasterly side of Main Road at the northerly or northeasterly corner of the premises herein described and the northwesterly corner of land of Joseph R. Krukowski; running thence in a southerly direction along said land of Krukowski, South 2° 04' 30" East, a distance of 995.06 feet to a point marked by a monument and land designated on a certain map as "Beixedon Estates" filed in the Suffolk County Clerk's Office as Map No. 1472; running along said last mentioned land, South 1° 38' 40" East, a distance of 278.02 feet to ordinary high water mark of Hippodome Creek; running thence in a north- westerly and westerly direction along ordinary high water mark of Hippodrome Creek on a tie line course which runs North 62° 26' 20" West, a distance of 431.10 feet to land now or formerly of Grace R. Lewis; running thence along said land now or formerly of Grace R. Lewis North 23° 32' 10" West, a distance of 276.02 feet to land now or formerly of Curcuru; running thence along said land now or formerly of Curcuru, two courses as follows: (1) North 70o 55' 40" East, a distance of 73.70 feet; and thence (2) North 20o 41' 10" West, a distance of 433.29 feet to the southerly or southeasterly line of Main Road; running thence in a northeasterly direction along the southerly or southeasterly line of Main Road, North 52° 48' 40" East, a distance of 358.36 feet; continuing thence in a northeasterly direction still along the southerly or southeasterly line of Main Road, North 54° 48' 00" East, a distance of 301.40 feet to the point or place of BEGINNING. September 12, 1984 1984 Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Minor Subdivision for N~ Charles DeLuca The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission{ (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours t~uly,~ /% ! N. Charles DeLuca 'x ' BY'*-,',,'""~ ¢-~" ' ' -' RECEIVED ¥... '-, SOUIHQLD lb,,.,..,,,dttG I]81~' '"~' '~ SEP 17 1984 · ~ DATE ~ ' ~on~l (1) p~yvin¥~ chloride pipe (AWWA Spec. C-900) Class 150 ~,,pectfo,. TRe vl,~u~ So as no~ to d-lay the wock. NO wor~ ,, -) $ bE'PT. OF pUBLIC bi/ILl'FilS I tNo TOt,,z/4 oF $OUT~OU~ 2-1 Z- 0& DATE