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1000-79.-4-17.14
E- - VMAIORSUBDIVISION Complete application received IISIp� Yield map received Application reviewed at work session iXT OK Applicant advised of necessary revisions M OK L Revised submission received �� 0 1 LotiXro� oK Sketch plan approval XUOioc OK -with conditions Lead Agency Coordination 07 SEQRA determinationo �o o Preliminary maps received 'A Preliminary I Preliminary maps reviewed at work session iXro. OK a61 -revisions mi nro. OK w ` v Road profiles/drainage submitted � iX�ro� OK -revisions - � iXro. OK v Road profiles/drainage reviewed be Engineer V; MM �m t OK 0 < Xro. o a Sent to County Planning Commission iXOK uOro� N Receipt of County Planning Report Review of SCPC report Xro.` OK Preliminary hearing Preliminary approval 0 C -with conditions V) Sent to Fire Commissioner -- Receipt of firewell location cr— i Notification to applicant to include on final map r` `n Draft Covenants and Restrictions received Aa OK C — Draft Covenants and Restrictions reviewed � u Filed Covenants and Restrictions receivediX�io� OK _h , } V Bond estimate submitted Bond adopted by PB Bond adopted by TB Payment of bond Payment of inspection fee ;)eterminatioa of park &playground fee Park&playground fee adopted by TB Payment of park Sc playground fee Open Space documents Documents reviewed by TA �_ iXo.c OK i Receipt of myl ars and paper prints with Health approval Final Public Hearing Approval of subdivision -with conditions w7 -- PLANNING BOARD ME ARS SUFFO(,� BENNETT ORLOWSKI,in. h�O\O COG Chairman Town Hall, 53095 State Route WILLIAM J. CREMERS p y� P.O. Box 1179 KENNETH L.EDWARDS y - Southold, New York 11971-095 GEORGE RITCHIE LATHAMI JR. �� • O Telephone (631) 765-1938 RICHARD CAGGIANO `, Fax(631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: Zoumas Suffolk County Tax Map # 1000- 79-04-12. 1.4. 6 12. 17 Type of Subdivision: Maior Minor Set-Off Lot-Line Cluster Subdivision: Yes No Hamlet: Street Location: North. Bayview Road Acreage: 48.2 Number of Lots: 22 Zoning District: A-G Date: 6/15/01 Has this property had a previous application to the Planning Board? Yes 0 Has this property previously received a SEQRA review? T Yes o Have you had any pre-submission conferences with the Planning Board? es No Does this application have variances from the Zoning Board of Appeals? Yes No Appl. No. Date Is this property adjacent to any bodies of water? Yes No Are there any wetlands on the property? Des No Are there public water mains in an adjacent street? Yes No Is public water proposed for the subdivision? es No Are there any existing easements on the property? Yes "" ' Is there a proposed sale of development rights on part of the property? Yes No Is there a mortgage on the property? Yes No Does the owner own any adjacent properties? I Yes (No ) Are there any building permits currently pending on this property? Yes No Signature ofPreparer Date Q I Please list name, mailing address, and phone number for the people below: Applicant: John Zoumas for Zoumas Contracting Corp PO Box 361 a ing Iver, 79 Agent handling the application: Charles R. Cuddy, Esq. (Contact Person) PO Box 1547 Riverhead, i4Y 11901 Property Owner(s): John Zoumas Surveyor: Howard Young _Young & Young 400 Ostrander Ave. Riverhead NY 11901 Engineer: _Tom Wolpert c/o Young & Young Attorney: Charles R. Cuddy Other Agent(s): • 0 AI'1'1,ICA N'1' TIIANSAC'1'I.uHAi, OII;CLOSOIIII 1'0 IIN '1'lle To_-__-w" o�you tllold 's interest of the Code of CEh1cs Prohibits conflicts of ur ose art of town Offhcers end employees �•I Lt--a 11S oFo form is to nrovlde Information wl— r l;pan alert the town of ----- possible conflicts of Interest and allow It to take whatever action is necessary Eo avoid YOUR NANRr T lin 7n m c - (1 "t name, first name, middle initial, unless You are applying In the name of someone else oche r. entity, such as A company. or the other person's or cpm Pan If so, indicate F y's name. ) NATURr OP APPI-ICATION. (Check all that aPpty. ) Tax grievance Vaclance —'----- Change of zone Approval of plat Exemption From plat Other or off lclal (IE •'other, " name theacEivl ty. ) On you personally (or tlgougln your compare emlo , orchild) ctled'1'ovn vo .a relationship 'ILI, nYoo E fir sibling,employee f Southold? If blood, marriage, or business intererlrt- .1911p^ includes Interest means a business. irrcludlo a 'Hu";ness vhiclr the town officer or em g partnership, ;p ovuermlrip of (or employment employee has even a partial the town officer orrpemployeebY) a corporation in which sharen- p Y - - owns more than 5% of the YES NO x IE You answered -yr 5 ^ complete Che balance of thn I'll's form ad date and sign where indicated. Name of person employed by Elie Town of Southold T1tle or Pon ition .Of that person Describe the relatlonsinip between yourself (the a and the town officer or employee. El Cher check applicant ) appropriate line A) through O) and/or describe I , the space provided. 'Vile town officer or employee or his or her spouse, slbil.ng, parent, or child is (checkaLl that apply ) , A) the owner of greater shares of C than 5% of the_ he corporate "tock of the applicant (wile" tile .1 e appllo11E Is a corporatist,), 0) the legal or beneflcla t,11 owner of any interest to a noncorporate entity (when I;he corporation) ; appln icat 19 not a C) an officer, director, partner, or employee of the apPlica"t; or I1) the actual aPpt Irani;. "SCRr PTION OF IIELA'VIONS1111, .^.^>uIn"l.I;ted 6hl ,lar 2001 SlVnal;n rn Print mann Jo n Zoumas -- �a1rPW'T ^': Iry yP.,%gP J- c�y P l�� by FySi . Y '1 I10\I s 5111 R1 Y%It s f RE I\PLO OR PRIM M)IN ULAS:K INK ONL\ PRIOR TO RECORDING OR FILINCI�" „ I Ci' IO 1.KCru .I, III:RK _ 32349 L W 11727 _M-l L1 h 'X S.mMr,A Patt, ' RE P!= < r r Ii N1, ! 1111!NNPEAL ESTATE .A na �" r pq Y 1515 Cmituue. TRAMSFERTAX 9 6UFF'OUC Deed i MM'.'Iamn.mt 0"d Imsae Tu Slay Me..ika19111la Su.a. aFIFFS hRi 04e es _�1_._ MMFCMAMIT' ;�'TT Fo7l 'i Ilaeeika "�_� I.Dlek TAX IFMA 1 _ L FORTMA G-5I17ICw.ryl S.b T.4" __••y-_ J.SYerJAJa. G•91tl W.h1 __ TOT.MTG.'tAA .40 JLFJ A. N.� NO OW Two DW CAw.l9 ". C..a MLi S.__w_ Te ,�jJ IW fw �r�r-.F i +•" .w/v i Tu" ARMa,il .i.`. AvN.n ` x15 ' , - — MWwTu )" Cy> a1RkaC ! hw.0 M1.FIwrM blamer lw. it M r; wvDCw> — br Lel ��._1' fWITM� tNO—. Y •€ �+i{.- .ober GR,\nDTOTAL j_jL• If No.w"'wrlM.l .l me �S laR1 .f.hhlMnneK �!� r�, 3 ReY h.PerA.L,Srnke Ages)verOk.liw 6 Thh C+ewt W...l.e t'^ • ___._ _I Chicago Title In*. Co. _ s . 100 171 110 04.00 017.017 !/sr,• 11,4 31N46.\}. FEE LAID D3': henry S. Saxtien, Enq. <am_CbccL CxarE_ P.O. D 904 Paper...en R i RRiverhead, RY 11901 OR: __.-----. _. ----- e RECORD&kill URN TO .Y, ' 9 Suffolk County Recording & Endorsement Page` This page forms part Of the attached Deed make by: �y (Decd,Mongage,etc) Y , .,*>„'.*, •`v `r"' I°"'• ' ' '1 he Prelwhn Ler<rw i..imaea in SUFFOLK COUNIMINEW\'URIC F v rt 10 In the TO\V;1 of &Ahtlald ; k ! E mr Au'�w ! _ 0 oar mship vs to + Panrl A; vd Orv1d l'ichavArica, .a v! In lite VILLAGE [" Parcel D or IIAMLE11 of ! a ,Y,u! !, v I y I 1 �.tr tr r.WwN+....n.+. ' COM4YlT VMSIaYITIa pptl"a lmP mPTaPeNR•tNa PepmyNNPNOMPN,M a11atYP�6 e1RP THIS INDEKTUM4"^a,lrrhe 25 :.LY.I. Hary .ninmroAunAred end 1995 .. BETWEEN .9Y.,. NYlDR NPM virmatPImT CORP., a domestic corporation, conducting bn�ln�80''" at 160 South Ocean Avon", Patches,as, New, York 11772, E p,ry of rhe Grp Parti and CCDO asOCIATBB, a partnership, havingprioolpMl Z'P et business at 39160 Routs 25, Peoonle, Right York .11950, a tot At and DAVID CICNAEMC6, residing at 165:Ilood Lane, Peconia#j ilea York 11956, ss to Parwl.D. r}` Perry of dat easel part Wli11L9SEvIL cw the Pent nh"`s fire Pen,hs""eaidenI el Pen delime seal uMr wllablr ped by the penY of.hr mawd Part,rM hereat rem arm race"roc the any of the rued Pecs,deltdre l v)1 r uprewre end awPes o1 rM Pent of the mamd Par a ALL rhar«nate Pia,fee or Anel of Yard.SpA the boildinr and bngovmenn tberren em.1N,ekWr 1 lybg o l brine atom, V' '1 J 'a 00 SCBBDOLR -A' A==D BBM11'O AND HADIIN POII'1',NUUMMP U1110 AMD INYBMDBD:5'O HB+ thesue paea oenveyfd by_ frost He[ i C. Datta d• N0�1»[, 1, 196Sr^ ry seeerded.11FeNY fct I' 91 1945.1 Libor, 56 of aoDoMyuoe0 at's:hpe.lOz(uat Parul;A).ud bar Geed EE'u Bggew N.e tette °akd. Ar y,Maafaterio dated#'rely tlr": if{6rr,,yrwozdM 1j, +Mr.-lrlMEy"" 'P►9e>^210:1M �.et,Po['eB ,! yy -iiad, let foL1l�,P[egrtin, idated 16, 'll* 'niaA}Nded Via 10, 1966,If10 in Liber 3501+tie eeneayallwee at Page 199 as to Parcel B r Thisbuss ess oyanae is Node-`!a'fir'thest art. ordina[y e e Y business o1 the Peaty of LM Bret part. n\F a Tr F.FTNh R lh II -Flt rine aM honest.it any.oh lar grey of the fire Pan in e.ld m my alleb ed Ir abnwer the bo' A ieiced prrmims to.he"ro.rr fine•rhn..A:7Ol:F. PIER wrh rte o Mil all 1h,1-ter sal right.of.h,Pan,of the fin.Pen in and o ad pennies,TO HAY AND TO 11,11.0 to,Premiss I.......ani d ons the pan,of.hr enurd Pen,M Mir.r wvesora Sail to o/ , rM qty of 1M sr.md Pan Inr...r. AND.hr forty or the arm Pen eovnmos llut.be Party of the firm Pen hn inn dine or sun"eeyrhiog ,.hereby ehr uM P".,.i bare ban rovmameA m ant«.Y•Haan,.nrcq s,almr.M A\U hhr V,ny of Ice fin.P"... n.o aampli.«id?"nim 13 0l the lire"...vnen..to Out dr any .1 'lir fin.Pen•ill,naive rhe n,nuderulm Ir ilia ronveyenn end rill held IM ngM lea ruri.a read rondd- naeln as a e.n heal to br apPI'm firm Im the pryo.e of paying dr rom of the wpreen.ea ad.B 'h. .anoe hes In thr pymrol of.M rom of the info,<.vmrm befon win,any a"n1 the tins of dw sae r y 'hr, ..-I ^(;.t I TM1• ..-I'Vans".1011 be'......I as it it sad"parrs."«hnpnr lbs sns.A 11h.h tifer"n to".'res. IN WITNESS WHEREOF,the parry o1 dr firer Pen b•dtdy aomu.nt eau dn.l thrifty Md Yor fire shore Nre DEVELOPP¢NT CORP. e r BY h , IIQCIRIZ6liIIiE'it#,* .L. .,� �° t' Tttlel paeaidit d. gt' ;'r f 1 U it 4 r EGtiPSlbf ! . '' �+" �' [R�[L Ohs IPorccl AI Ati. roar r rein plot, piece or parcel of lend, situate, IT ng End . '"q at Mnya/eu, Toon Of Southold, County of Suffolk and state of Neu York, Ming meis portio/1•rly lb//nd•i and described am fs,lwn MRGINNINI at a point «:tM}NOrth;elM9( ROrtl1tt duras, Need, Where the aaas is intersected by tM Net)fme O(,Nehh'Smad to MT+iwl ; from said point of b"4,011101N •long the Net side of North Road to "'siw, North 3 d•9reKe S Nlltem 20 •ecode East, 176 69 at.to Hep at B."Ims e•tet••1:Cts y �., Running Thence long the, iigvi leL Mept:'et MNosed '. Eavrelates,s, (filed! Map Nu.b.r 33 p f 4�M-iellmelar !bras *wt..* « ands .. r dietaneeu fi 1 f 1) North 26 degtme• 56r a East "'293.63 fre"I 'l M71 NOrth 21 ."rase !f mWT••'.70•e«ed• tact 1.1]09.15 !sett f 11 North 26'" Ir'dpNtos7.10 BeeMld•kYst, 306.1. !as! to !M a { _ mwtMrly rind e[R�hg�*wiMl xs} x'i`2�y TA.Oty Nwtb N •degreeYe}^Mrd SO�[�eopjdi test .leer CM r s' 13 r3µ� awtherly,eid. Of Anstel 61).09 fast !0 • polntl iy{F Mt• "� .M tH»:IZ the vested.d,,«e!f✓[17 sed •`Netierly "ild• e G i y�'eubdlublr M.Mr Lt9ht KBMtNf Saytl« Poor tl11M Iley NNN/be �5i;:77011 and Na bor Lights Boetban I, tll•d MP Uel, the tot doing 1 .rwr... ane diet....[ .- 1 I..., .Iegree. 56 minutes 50 seconds West, 770.00 fast; Y fl S..,h le degree. 60 minutes 30 seconds Na t, 761.66 feet; F- rim.1, Swath :1 do".. 2s minute.20 second/ Naat,y117.91 teeth } 11 ".is 57 .preen 13'm1meta•r39:seamed• "it.:418.16 fast; - 6, i 51 "Orth 21 decrees le.;ml«tas 00's•meM• G/t:'165 07.t«tt y ? 61 North 17 .erre.. 76 �6•ttit107 771'.fNt1:.5 . 71 .amts se d"rase #sett;; ..•meds a•q.]se s7ee«er.wz worth 16.press 7(,IdrtiSeer'SMO/d. East"*et S9 f••t7'yy:4. � � , el Want,1T rho vase 91>0b/t« 70eeeonds Was! "30x t5 fNtyr ` lo) na.Lb r 17d"reN ;2 ml«t"30 ee••nd. Uel tent tt t Pn local won,nor forear3i,y,1'.eerta•l y ,:. Th.na•,leas¢]..[ rat t�Nedi2 M follwilp ;bee. a«nN and! 'i 41et•neNrn.>3.0' i 11 -----'i6 tdNre•• {s leis' aNdBe•t}713 tNCi•,z "ar,'�tP ",fy yn t ,. 71 NertA'2sl d"T«.41:nleele/ SO�•"Sent. xoo t«e - ' '.I.' w ,5?g^ 71 re«th 66 legroom Ht,NNNtoo 10 • fast.•;771kt«t ,cep S �i .Y «c�e�.LtInt•see,bzzlNNuO stere 1liP IS767y�t r Y 4f "tense 'u. lefirm n9�iet T«0 .dirt l�• y 4t 'and Said rly Bid" 'dt, CM k•obd1T1/1« Mtb•r YL 0nte Etat " Snotice ThI 11 South 26 d"ras. 15 0 meta• 60 Went,:'a 20 bel, Y ,rngt '.f. 21 5-11, 65 degree• 59 minutes 20 ..sonde Ne•t,'208.67 fast. 11 Suuth 32 degrees 21 minutes JO seconds+Neatr N6 19 feet; n �7 tl South 17 degrsas,01 minute. 50 s"Old• West,�50p fast! 51 South 71 degr"e 03'minutes 30'o•oonda S«t,: 70 t«t"to land ,t$ now or formerly of bhrasderl 'Bu.e along Nth land. South 17 dere«• 01 minute SO ineeend• IN•t 170.00 foot to the north •Lel• of North Nyvlw RNdI Thence along the north aide of North asyviw Road, the following three enure" and dlataneset l;? 11 North 71 degree. 05 Inut« 20'•"send. Nast, 975.56 fast, 11 North 72 degree. 56 .last.. 00 •meond• Nast, 100.22 fast, 11 North 71 degree. 51 minutes 20 seconds Nentr 261.97 bet to the point or place of BEGINNING, ' EXCEPTING from the above-described premle"r the reaMrg. Mein so �{ .h." on Map of Harbor Lights Estates, Section }, Hap No. 7701 and Lae no. 81 a .have on the Map of Harbor Light.'Estate., Section 6, Map Na. 170E I�. PORINWNHNT 1011 ONLY. ` Diet rict 1000; S.vUnn 019.00, Block 01.001 I.ot 017.017 ' ^ti E 1 1' k1( 1.• J Yf 743 p.7 J ' AJ+ 0 w c ,y 11727 x,611 M1 4F'rn Y ^ F�nDL'W+lnnt IPaSeel AI j t� '"� w+ - •RML"tlok4 aerteln plots plaoea oe prmele of lerW: situate, lylhq �}` a l ndd 1»lnq st Sout .1.1, Teen of NYethold,..5,,f Io1k County, Ilav York RMwo-wnd;designated : nn Lha kesher9e 71rea. M,,:.a our ..� 'entitled,'-•Nap of Harbor Lights Mutates, .Section 4", aid tl.l«1 u y the Suffolk County t8erk•a Offlue on .March 1, 1900, a Nap,Mo r i^ 7703. 1 f, viN MM1TION WILY,. 01st 010001 Secticn 079 0§ H1ookt00�00� Lot°`Ot7p 030+ �� 1mi44 �} Tli i ', .`71X1atMt certain plea, pl'wsxa paroilei laidj a CW2` r 3 being In the Tovn of Southold, County of +0utfelk and,state`tin Sork known and designated as at No Sl on a certain,amp antltlwdj ^Ilaprof4Harbor L19hta Sat4tae Ss0t1e0a1 hand�t,i led 104' he�;oit14 i YI bt tfiw Clark of the County o ufiolk oa Mamh'�il�::3 00, s�jpp'y1901 '4 7707 - yt1. r v rS(* 1NYO0N11T10N OIMY1 x �# `v1 r ♦y �' ,. '°District 10001 Section 079;00) Sldek 04.001 Leto 005.✓ a%;IA t Lir .5: r � 4 4 Fe Aj d1 sF°a 'f r - . fRT 1—PROJECT INFORMATI01 Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Zoumas Contracting Corp. — Subdivision Map LOCATION OF ACTION(Include Street Address, MunicPallly and County) North Bayview Road at Bayview, T/O Southold, Suffolk County, New York NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE Young & Young ATTN: Thomas C. Wolpert, P.E. ( 631)727-2303 ADDRESS 400 Ostrander Avenue CI FY/PO STATE ZIP CODE Riverhead NY 11901 NAME OF OWNER(If dilfwwt) BUSINESS TELEPHONE Zournas Contracting & Home Builders ( 631) 929-4570 ADDRESS P.O. Box 361 CITYIPO STATE ZIP CODE Wading River NY 11792 DESCRIPTION OF ACTION Realty Subdivision — 23 Lots Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: OUrban ❑Industrial ❑Commercial OResidential (suburban) [MRural (non-farm) 0Forest OAgriculture K]Other Vacant Wooded 2. Total acreage of project area: 48.2 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) _0 acres n acres Forested 48.2 acres 40.8 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 or ECL) 0 acres n acres Water Surface Area —0 acres 0 acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces 0 acres 7-R acres Other (Indicate type) Laurus F T andsc z ' g 0 acres 4.6 acres 3. What is predominant soil type(s) on project site? HaA — Haven loam, PIA — Plymouth:'loamy sand a. Soil drainage: KWell drained 90 % of site ®Moderately well drained 5 % of site ®Poorly drained 5 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N-A- acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑yes nNO a. What is depth to bedrock? 'N•A• (in feet) 2 5. 4proxir' to percentage of proposed project site with slopes: ®0-10% 90•% 010-15% 5 % 015% or greater 5 % 6. Is project substantially contiguous to, or contain a building, site„or district, listed on the State or the National Registers of Historic Places? Dyes KlNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes nNo 8. What is the depth of the water table? 1r_30 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ®Yes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes E)No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Dyes KlNo' According to _Young 6, Young Identify each species 11. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) Dyes K)No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Dyes K]NO If yes, explain 14. Does the present site include scenic views known to be important to the community? Dyes KlNo 15. Streams within or contiguous to project area: N.A. a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: N.A. a. Name b. Size (In acres) 17. Is the site served by existing public utilities? Dyes ®No a) If Yes, does sufficient capacity exist to allow connection? Dyes ❑No b) If Yes, will improvements be necessary to allow connection? Dyes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dyes ®No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 Dyes ®No 20. Has the site ever been used for the disposal of solid or hazardous wastes? Dyes nNO B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 43.2 acres. b. Project acreage to be developed: 27.0 acres initially; 27.0 acres ultimately. c. Project acreage to remain undeveloped 22.1 acres. d. Length of project, in miles: N•A• (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N.A. %; I. Number of off-street parking spaces existing 0 ; proposed 44 g. Maximum vehicular trips generated pe. hour 44 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 22 Ultimately 22_ i.. Dimensions (in feet) of largest proppsed structure 351 height; 401 width; 601 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 1828 ft. 3 v2. Hbya much natural material (i.eock, earth, etc.) will be removed from th te? 0 tons/cubic yards 3. Will disturbed areas be reclaimed? JlYes ONO ❑N/A a. If yes, for what intended purpose is the site being reclaimed? Residential Subdivision b. Will topsoil be stockpiled for reclamation? ]Yes ' ONO c. Will upper subsoil be stockpiled for reclamation? $]Yes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 7'4 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes ®No 6. If single phase project: Anticipated period of construction 24 months, (including demolition). 7. If multi-phased: N.A. a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONO 8. Will blasting occur during construction? Dyes 5aNO 9. Number of jobs generated: during construction 5o ; after project is complete 0 10. Number of jobs eliminated by this project 0 ' 11. Will project require relocation of any projects or facilities? []Yes nNO If yes, explain 12. Is surface liquid waste disposal involved? Dyes ENO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ®Yes iJNo Type Sanitary 14. Will surface area of an existing water body increase or decrease by proposal? OYes ®NO Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes `,)allo 16. Will the project generate solid waste? ®Yes ONO a. If yes, what is the amount per month 1'9 tons b. If yes, will an existing solid waste facility be used? ®Yes ONO c. If yes, give name Southold Town Transfer Stationlocation Cutchogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ZYes ONO e. If Yes, explain Recyclable and reusable materials removed from the wastestream 17. Will the project involve the disposal of solid waste? OYes 5dNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ®Yes ONO ie. Lawncare 19. Will project routinely produce odors (more than one hour per day)? Dyes ®No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes 51No 21. Will project result in an increase in energy use? ]Yes ONO If yes , indicate type(s) Electric & Fossil Fuels 22. If water supply is from wells, indicate pumping capacity N.A. gallons/minute. 23. Total anticipated water usage per day 66.00 gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes ®No If Yes, explain 4 _ _. 25._Ap.pr4als Required: • . Submittal Type Date City, Town, Villago Board ❑Yes 5ONo XXV4Town, 74MMI'lanning Board ®Yes ❑No Subdivision 12/99 City, Town Zoning Board OYes MNo )@&, County Hea!th Department ®Yes ❑No Water Supply & Sewage Disposal 12/99 Other Local Agencies Dyes ®No Other Regional Agencies Dyes WNo State Agencies Dyes ®No Federal Agencies ❑Yes 5INo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? K)Yes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ®subdivision Osite plan Onew/revision of master plan ❑resource management plan ❑other 2. What is the zoning class ification(s)of the site? _Agricultural Conservation ' 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 23 Lots 4. What is the proposed zoning of the site? N.A. 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? KIYes ❑No 7. What are the predominant land use(s) and zoning classifications within a '/ mile radius of proposed action? Land Uses: AcIricultural, Residential, Open Sp2ce Zoning: A—C Agricultural Conservation entia 8. Is the proposed action compatible with adjoining/surrounding land uses within a Remi d ? J3Yes ONo 9. If the proposed action is the subdivision of land, how many lots are proposed? 22 a. What is the minimum lot size proposed? z7' JgJ1 Sq-Ft- (37.799) 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes CNo 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? KJYes ❑No a. If yes, is existing capacity sufficient to handle projected demand? ®Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes LNNo a. If yes, is the existing road network adequate to handle the additional traffic? OYes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/SponnsT Name Youn/gs/& Young ATTN: Thomas C. Wolpert, P.E. Date Jun. 25, 2001 Signature (%�/" ,[yvt�'/I Title Professional Engineer If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. _. 5 - w.... .... Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 05/10/02 Receipt#: 661 Transaction(s): Subtotal 1 Seqra Review $250.00 Check#: 661 Total Paid: $250.00 MAY 13 ZuuZ Southold Town Planning Board Name: Zoumas, Contracting Corp Pob 361 Wading River, NY 11792 Clerk ID: JOYCEW Internal ID:54413 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 12/26/01 Receipt#: 5091 Transaction(s): Subtotal 1 Seqra Review $500.00 Check#: 5091 Total Paid: $500.00 s 1 Ei a DEC z 7 2001 Sbuthold Town Name: Zoumas, Contracting Corp Pob 361 Plannln Board Wading River, NY 11792 Clerk ID: JOYCEW Internal ID:43889 P.O BOX 117914 Southold, NY 11971 * * * RECEIPT * * * Date: 08/17/01 Transaction(s): 1 Application Fees Receipt#: 3881 Check#:3881 Subtotal $5,820.00 Total Paid: $5,820.00 s AUG 2 0 2001 Name: ZZOO1 1a' Contracting Corp Wading River, NY 11792 90a�Tow, Clerk IDr� : JOYCEW Intemal ID:38898 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary August 18, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold,NY 11971 (BY HAND) Re: Zoumas Subdivision S C TM#1000-79-04-17.17 Dear Mr. Orlowski: My client,Zoumas Contracting Corp,hereby withdraws the previous application for major subdivision of the above referenced property. Enclosed please find new application for a"conservation subdivision". Also enclosed are maps of proposed lots,easement areas, and open space areas. This map also includes clustered"out parcel'with dedicated open space to be acquired by third party. Pursuant to Planning Board agreement, the previously paid application fees for the withdrawn major subdivision will be applied to this conservation subdivision. Thank you for your anticipated cooperation. /y-efy truly urs> 7PIannin7 Patricia C. Moorecc: Mr. Zoumas ARC*LOGICAL ITEMS FOUND ON SIT, Refer to the cover photograph and corresponding number for identification. 1. Tool for straightening arrow shafts. The hole drilled through the rock slab on an angle allows the arrow to be run back and forth to remove irregularities. 2.Whetstone for sharpening steel trade items. 3.Trade pipe. Small diameter of stem interior dates pipe. 4.Paint Pot.Porous rock of red color used for facial painting or other decorative painting. Shows use. J June 9, 2002 As an archaeologist, I do believe these artifacts to be of local Indian origin. Included are a whetstone, a possible shaft straightener, a trade pipe (of European origins)as well as a possible paintpot. Paintpots are usually natural formations. Lisa Cordani-Stevenson r Ry l' • _ y4 s.1�T�)� h( 1^ -x3',y - -- .. :y:<.. � �„ � . Yp. ., ,_ ..i�Y.✓ •fir �r..-;. � , 2 3 -..:;moi ��__ � ;; >� ., � 1 1 111 lit �•. •�� ^� 3 - 2 - ` • 3 �gUFF01.re Yn i JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR go ENGINEER TOWN HALL - 53095 MAIN ROAD GTOWN OF SOUTHOLD,NEW YORK 11971 W Fax. (516)-765-1366 'y.�01 °t' Tel.(516)-765-1560 Ilk OFFICE OF THE ENGINEER TOWN OF SOUTHOLD May 29, 2003 Melissa Spiro Land Preservation Coordinator Town Hall, 53095 Main Road Southold, New York 11971 Re: Harbor Lights SCTM #: 1000-79-04-17.17 Dear Mrs. Spiro: I am aware of your current preservation efforts with regard to the above referenced parcel. Preservation of this property would undoubtedly be considered a benefit to the community in many ways but I would like to address the following information because it may have some bearing on the actual transaction of the property. I am sure that you are aware of the Recharge Basin (Lot# 17.10)and the private road named Clipper Drive (Lot# 17.11) that are adjacent to and within the property you are trying to preserve. This road was constructed as one individual phase of a larger Harbor Lights subdivision. The road end that adjoins the property you wish to preserve has been constructed with a "T" section of road that extends into the property you wish to acquire. There is also an existing drainage system extending from this location down to the existing Recharge Basin all of which lies within the area that is to be preserved. I would recommend that provisions be made within the legal documentation for acquisition of the site to provide for continued use of this road and drainage encroachment. Use of this tum around by emergency vehicles&equipment should be considered an imperative for the residence of Clipper Drive. To that end, I would also be recommended that an area for a future cul-de-sac be established that would provide a 100' x 100' right-of-way at this location. This would ensure, when and if the homeowners ever intend to dedicate Clipper Drive to the Town, that there is enough property available for the proper construction of a turnaround. Recording of a drainage easement would also be recommended because there will be a need for maintenance of the existing drainage pipe. I will leave the decision on how to accomplish this task in your capable hands. 1 would also like to ad re d five 5 lot subdivision within the South Easterly ! comer of the site. This site i. €ei "en'to a Ul thig ate , .� 41�!l ,> �.�., . T'ro nc`d"ralnage system to the existing reci`iarge iasin. I offer this information in an attempt to alleviate any problems that may become evident in the future. As always, if you have any questions regarding this matter, I will be only too glad to discuss it with you. nc rely, mes A. ichter, R.A. cc: '¢ennetfOrlowski, Jr. t Chairman—Planning Board Subut ssion Without a Cover Letter Subject: -Z-C? rr a s SCTDf#: T 000- Daae: Comalcerzts: _ ` �� d -- iv, IS o D JUN 1 0 2003 Southold 100 plannin Boffid IMndard N.Y.a T.U.Fan/OOr.e.d5•IOM—BugalM.nd Sale tle.d M,h Covenant agaimr Gnnfer i Aar_Indmduil or Cortwnrion. CONSULT YOUR LAWYER CE;oRE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 1 r� ,. ti3EF6�JO PACES�c) �A/ 8 Jy t!'6 THIS INDENTURE, made the /3 day of December , nineteen hundred and sixty eight $ETVVEFIV ` x FREDERICK REESE- and'HAROLD REESE, of 855 Sunrise Highway Lynbrook, New York r =` s� .. `. .. . ,.. _ I Party of the first partand " ALBERT R. BERMS and ROSEMARY BERTOSi his wife, residin at, ;. . : 124 Farragut Road r North Babylon, N. Y. t t 1.. Party of the second part, �Wzrmis81i v' that ibe party of the first part, in consideration of ONE 01.60) &nd'other vAluable considerahion dollars, lawful mbrtey"bf the United States, - r paid ` 6 the a n y party of the second part, does hereby grant and release unto the party of the second part, the heirs or F successors and assigns of the party of the Second part forever,, Y t _ Al.l.that certain plot,�piece or parcel of land,with the building's and improvements thereon crdted, situate, ' i�r"ng"n$ be;ng ik tAe TdWn of! Southold; 'County of Suffolk and.S tate of New ; N ,% Yt3flf l>otMdld 2nd' descrit�edcas follows: SEGIRNMG"at",�a"fdbnument'at� the'Nor thea sterly-corner of, premises herein described-distant'Southerly 213.15 feet from_ the corner',formed by the i i'ittersectionl4of,'the Northwesterly side of Windjamttier Drive with the . We§terlq side of Anchor Lane as said Drive and Lane are shown and laid dict l6h a"6eYtftir''fnap entitled; "Map of.Harbor Lights--Estates, Section One; Stiff6lk Cotinty,'File No. 4362, said distance being measured on a, beating South`.25'dbgreea 54 minutes 50 seconds west; RDNNIHG THENCE- South` 25 degrees 54 minutes 50 ,seconds west along NorthWb6terl5r':9ide of Windjammer Drive (Proposed) 100.0 feet to a moitilment� t" `": THENCE Nbrth 64 degrees` 05 minutes 10 seconds`'west 215.0 feet to a monument; THENCE NortW 251-degrees '54 minutes 50 seconds east 100.0 feet to a - monument- ' THENCE Sotithrt84' degrees .05 minutes 10'seconds east 215.0 feet to the tetiiiiltneitt' situate'in the' Northwesterly side of Windjatmter. Drive (Ptoposed) the'-point or place of BEGINNING. , Together' with"an' easement' for 'ingress and egress over. Windjan, r Drive' (Proposbd) `adjoining premises out to Windjammer Drive as same is (shown and Jaid out on Map of Harbor Lights Estates,' Section, One, Suffolk County ' File No. 4362 being more particularly bounded and described as'.follows:, ; '' BEGINNING at' a 'Point on the Northwesterly side of Windjammer Dr:i.ve (Prdposed)- distant' 113.15 'feet Southerly, from `the corner formed by the Northwestetly= side of, Windjammer Drive with the Westerly side of Anchor' Lane 'as said Drive, and'Lane are shown and laid but on Map of. Harbor Lights Estates, Section One, Suffolk County, File No. 4362; LIBER6480 PAGE1.14 RUNNING THENCE South 64 degrees 05 minutes 10 seconds east 50.0 feet to a point; THENCE South �25 degrees 54 minutes 50 seconds west 200,0 feet to a point;. . a :. THENCE North 64'"degrees 05"minutes 10 seconds west'50 0 - feet�to,a point; T4ENgE North 25 degrees 54 minutes 50 seconds east 200.01feeto the point" or`.place-,of: BEGTMING. t ' r ' TOGETHER with an''easement overthe"streets-as' shown 'on. said' filed Map No. 4362 to the nearest public highway, but excepting and reserving the fee -to said streets, the title to which is not hereby conveyed. TOGETHER with the right to use 0 An-;common with others', the: beach-area .. -- having. 'irontage of approximately 900 feet on' Peconic Bay, and a ,depth not lessa `than 50 feet fromtthe average high water' mark;: as 'shown on said map, together with the adjacent parking area having frontage on Harbor Lights Drive and-being- located adjacent,ta Lot #7; said beach and parka n. area for 'the ,sole`-:use and benefit of.the; residenty f Harbor Lights Estates, comprising approximately 125 acres: r 't-c�c •It 'is understood and tagreed;by and ,between the: parties,hereto .that the subdivision map of Section Four of Harbor Lights Estates, which in- cludeslthe''demised 'premises herein; has not; been .filed,in aheio£fice of the` Clerk of Suffolk County. - In the event that said subdivision map is "not file&in the office of the Glerk4of Suffolk`County zon or before October`15, 1969,%unless said+date -is: extended by.'.the ,parties hereto in writing; then the party of:the first part herein shall, upon " the written demand -of .the party of.the,tsecond;part,-'Pr' their:.assigns, refudd`to''said party,of the 'second part'the-consideration;paid herein, together 'with 'the''monthly mortgage"payments;": upon=tendersby the party of`the"second part to the,party of`the tfirst,'part ,,of'=a'ideed%back. The written)demand'herein shalt'be made by the',partyof the secondrjb t part,on or before November x15, .1969;=said;written demand,shall be.. � �, R accompanied with a, reconveyance' of ''title to the party of the first part; and the title' shall:-betencumbered ,only to:the=exten@ set forth in the certificate of title of Title. Guarantee Company under title o the party of, the second part herein. number 10639-104A, as issued t Said deed of reconveyance shall be .a bargain and sale deed with covenants against grantor's acts. The party of the second part, their heirs and assigns, shall execute :. and deliver to the party of the first part, their heirs or assigns, any and all consents; approvals, or documents, provided that`�here ' is- no` expense"to'said party'of the=secondCpart, which may be ctecessary I approval of the subdivision map here or required to obtain mu nicipa in mentioned and/or which may be required for the filing of such I subdivision map in the office of the Clerk of Suffolk County. E In the event that the party of, the second: part, ,their:;heirs or assigns;-' t fail.to execute"and...deliver such approval or consents, as requestedt ; 3 the„party of the-first part, their heirsor assigns, are hereby'` ' '( appointed as attorney in fact for said party of ,the«.second part for k <r >: the purpose of executing, acknowledging, delivering and- :recording r such approval or,consent as maybe; necessary or,requested;herein. _ SUBJECT to a purchase money first mortgage in the amount of $49000 00 `' given as consideration herein. . � 5 b w i c` :: zx .ax:a ✓ �k' a4}„�,; �.1. °3✓xh+S° ,.'.'YE[{: dr -hags P S'=�.;C2 s• ,fi, ELIZABETH A. NEVILLE = Gy� Town Hall, 53095 Main Road TOWN CLERKH P.O. Box 1179 REGISTRAR OF VITAL STATISTICS 0 T Southold,New York 11971 MARRIAGE OFFICERFax(631) 765-6145 RECORDS MANAGEMENT OFFICER y�Ql �aO� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 20, 2003 D E C E 9 V E MAR 20 = D Southold Town Plannin Board John Zoumas,President I ' 1 Zoumas Home Builders Post Office Box 361 -1 c1 _ t_ Wading River,New York 11792 11 Dear Mr. Zoumas: Please be advised that the Southold Town Board at their regular meeting held on March 11, 2003 adopted a resolution denying your request for a waiver to the subdivision moratorium. A certified copy of this Southold Town Board resolution. No. 166 is enclosed for your records. Very truly yours, '`7' Eli eth A. Nevil9e� Southold Town Clerk cc: Town Attorney Planning Board a 0 C ELIZABETH A.NEVILLE h`t` Gy Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS y- Southold,New York 11971 MARRIAGE OFFICER -1. Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone(631) 76b-1800 FREEDOM OF INFORMATION OFFICER �'� �'� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 166 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 11,2003: WHEREAS an application has been made by Zoumas Home Builders for a waiver from the provisions of Local Law#3 of 2002 (and extended by Local Law#3 of 2003) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions,Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"pursuant to Section 6 "Appeal Procedures" of Local Law#3-2002 to permit the Planning Board to consider an application for a major subdivision of Zoumas at Bayview for the parcels of property known as SCTM# 1000-79- 4-17.14 and 17.17; and WHEREAS the application involves the subdivision of a 48.21 acre parcel into 22 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of Local Law#3-2002 and Local Law#3-2003, and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town V '` • • Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town has hired a"moratorium group"consisting of in-house and outside planners and attorneys who are working on a"Comprehensive Implementation Strategy"of the Comprehensive Plan of the Town of Southold and certain comprehensive planning currently being undertaken includes,but is not limited to a 80%preservation of open space throughout the Town and a 60% reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of Development Rights component(a full description of the "action"is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS the Planning Board of the Town of Southold has reported that no portion of the site will remain open space; the proposed use may have a significant impact on the transportation infrastructure in the area, including an effect should evacuation of the Hogs Neck peninsula be necessary; the application may have an impact on the natural resources in the area, including an effect on wildlife as clearing of a large portion of the property will be necessary; the application does not fully support the preservation of rural character; the application will adversely impact wooded open space, the Planning Board has required a Generic Environmental Impact Statement (GEIS) for the Hog Neck Peninsula and the application could be deemed as prohibited "segmenting" according to SEQRA; and WHEREAS the Town Board finds that the applicant has failed to demonstrate an extraordinary hardship pursuant to the criteria; and WHEREAS the Town Board of the Town of Southold finds that the application fails to meet the goals of preservation and planning being undertaken and reviewed by the "moratorium group"; and WHEREAS the waiver application, if approved, could have a serious detrimental impact on the extensive and exhaustive comprehensive planning currently being undertaken by the Town; and WHEREAS based on the application, all relevant documentation,the comments set forth at the public hearing, the comprehensive planning currently being undertaken by the Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and extended by Local Law No. 3 of 2003, Section 6. Appeals Procedures, the applicant has failed to meet its burden pursuant to the criteria; and be it RESOLVED by the Town Board of the Town of Southold that the application is hereby denied. Elizabeth A. Neville Southold Town Clerk • FFDLI( p • T G Town Hall, 53095 Main Road ELIZABETH A.NEVII,LE ti'1' y TOWN CLERK pP.O.Box 1179 H r Southold, New York 11971 • REGISTRAR OF VITAL STATISTICS W Fax(631) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER 'y9ypl �aO� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER # southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 166 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 11, 2003: WHEREAS an application has been made by Zoumas Home Builders for a waiver from the provisions of Local Law #3 of 2002 (and extended by Local Law#3 of 2003) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"pursuant to Section 6 "Appeal • Procedures" of Local Law#3-2002 to permit the Planning Board to consider an application for a major subdivision of Zoumas at Bayview for the parcels of property known as SCTM# 1000-79- 4-17.14 and 17.17; and WHEREAS the application involves the subdivision of a 48.21 acre parcel into 22 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of Local Law #3-2002 and Local Law 43-2003, and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an • extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this • local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town has hired a"moratorium group"consisting of in-house and outside planners and attorneys who are working on a"Comprehensive Implementation Strategy" of the Comprehensive Plan of the Town of Southold and certain comprehensive planning currently being undertaken includes,but is not limited to a 80%preservation of open space throughout the Town and a 60% reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of Development Rights component (a full description of the"action"is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive • Implementation Strategy which is incorporated by reference into this decision); and WHEREAS the Planning Board of the Town of Southold has reported that no portion of the site will remain open space; the proposed use may have a significant impact on the transportation infrastructure in the area, including an effect should evacuation of the Hogs Neck peninsula be necessary; the application may have an impact on the natural resources in the area, including an effect on wildlife as clearing of a large portion of the property will be necessary; the application does not fully support the preservation of rural character; the application will adversely impact wooded open space; the Planning Board has required a Generic Environmental Impact Statement (GEIS) for the Hog Neck Peninsula and the application could be deemed as prohibited "segmenting" according to SEQRA; and WHEREAS the Town Board finds that the applicant has failed to demonstrate an extraordinary hardship pursuant to the criteria; and • WHEREAS the Town Board of the Town of Southold finds that the application fails to meet the • goals of preservation and planning being undertaken and reviewed by the "moratorium group"; and WHEREAS the waiver application, if approved, could have a serious detrimental impact on the extensive and exhaustive comprehensive planning currently being undertaken by the Town; and WHEREAS based on the application, all relevant documentation, the comments set forth at the public hearing, the comprehensive planning currently being undertaken by the Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and extended by Local Law No. 3 of 2003, Section 6. Appeals Procedures, the applicant has failed to meet its burden pursuant to the criteria; and be it RESOLVED by the Town Board of the Town of Southold that the application is hereby denied. Elizabeth A. Neville Southold Town Clerk pECEI E MAR 14 2003 D Southold Town Planning Board 4oR&� RECEIVED - �7 clert South �n�-"� d tCIME 10 M D Southold Town Planning Board PLANNING BOARD MEMBERS o�gpff�(A' O BENNETT ORLOWSKI,JR. h� CGy P.O. Box 1179 Chairman c Town Hall, 53095 State Route 25 y Z Southold,New York 11971-0959 RICHARD CAGGIANO W Telephone(631) 765-1938 WILLIAM J. CREMERS KENNETH L.EDWARDS y?f�! �aO� Fax (631) 765-3136 MARTIN SIDOR. PLANNING BOARD OFFICE TOWN OFSOUTHOLD To: Ms. Betty Neville Town Clerk From: Bennett Orlowski, Chairman Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Major Subdivision of Zoumas at Bayview SCTM# 1000-79-4-17.14 and 17.17 Zoned - Agriculture Conservation Date: December 13, 2002 The proposed action involves the subdivision of a 48.21 acre parcel into 22 residential lots within the Agricultural Zoning District. Nineteen (19) of the proposed lots range in size from 1.15. to 1.82 acres, with the remaining 3 lots totaling 5.54 acres, 10.38 acres, and 5.53 acres. A recharge basin is proposed in the northeasterly extension of the site and a natural buffer of approximately 50 feet in depth will be retained within the individual lots along the length of the North Bayview Road frontage. The site contains an out-parcel (depicted on the Suffolk County Tax Maps as a recharge basin) in the northeast extensions of the site which currently receives stormwater runoff via existing piping. In this memo, the Planning Board will only address this request in the context of land use planning; the consideration of and any comment upon any other reasons as stated, are beyond the scope of this review. To date, the Planning Board has not accepted the yield map nor has the Planning Board granted sketch plan approval on the major subdivision map. It should be noted that the yield map submitted with the application does not appear to take into consideration environmentally sensitive features on the site including the freshwater wetlands and steep slopes. The Planning Board has reviewed the progression of the application and the request for waiver for the major subdivision known as Zoumas at Bayview SCTM# 1000-79-4-17.14 and 17.17 and makes a recommendation that the Town Board deny the request of waiver for the application. This decision is based upon the following facts: Land Use - The project site is located in an area that contains a mix of residential, agricultural and undeveloped vacant land. The dominant land use in the area is residential and the proposed application is generally consistent with surrounding uses. The site is currently vacant undeveloped land, with the proposed development resulting in 22 residential lots. No portion of the site will remain in collective open space and/or open space easements as indicated at this time. Residential land uses are located to the north, south, east and west. Transportation Infrastructure — The proposed use would be expected to increase traffic generation upon full development of the site as compared to existing conditions. Due to the location of the site and in consideration of area roadways, an increase in trip generation at the site may have a significant impact on the area roadways, particularly in conjunction with other development projects in the area; these potential impacts are cumulative and need to be taken into consideration As indicated above, access to the community is restricted, therefore, the proposed project in combination with other nearby proposed projects may create a cumulative impact on critical intersections and a more detailed traffic impact study is warranted. The traffic impact study should also consider the effects of the project on these intersections should evacuation of the Hogs Neck peninsula become necessary. Natural Resources - The majority of the site is relatively flat, although areas of steep slopes are located in the northeastern portion of the site, particularly adjacent to the freshwater wetland habitats. It has been recommended to the applicant that slopes in excess of 15% be depicted on the subdivision map so that potential impacts may be accurately assessed. The site contains a portion of NYSDEC designated freshwater wetland SO-39 in the northeastern portion of the site with an additional "unmapped" and isolated wetland located just north of this feature. The majority of the site contains successional and mature woodland, with areas dominated by early successional pioneer species. The site is part of a relatively large contiguous block of woodland and supports a variety of wildlife species including birds, mammals and amphibians. The NY Natural Heritage Program (ECL 9-1503) was contacted to determine if there is any record of rare plants or wildlife in the vicinity. The Program does not identify this area as a Significant Wildlife Habitat, however it does list one threatened vascular plant, four endangered vascular plants, one endangered amphibian, and one endangered beetle on or in the immediate vicinity of the site. The proposed project will result in clearing of a large portion of the property, causing localized adverse impacts to vegetation and wildlife. Clearing and development impacts to vegetation and wildlife are cumulative and need to be taken into consideration. Water Supply - It is estimated that the 22 proposed residential lots will utilize approximately 6,600 gallons of water per day. The Planning Board has no official indication on whether water is currently available for the project. The applicant must contact SCWA for a determination of the availability of Public Water Supply for this project. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems. The proposed application would conform with Article VI of the Suffolk County Sanitary Code and would not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. Rural Character— No reduction in home density, perpetual preservation of open space, limits of clearing or landscaping plan are proposed, therefore, the application does not fully support the preservation of rural character. Conversely, the action would adversely impact wooded open space. The applicant proposes a natural buffer "screen" of approximately 50 feet in depth within the individual lots along the length of the North Bayview Road frontage. However, as this vegetative buffer is part of the proposed lots, it may be difficult to maintain as natural. The file indicates that archeological items have been found on site and the extent of any occupation is unknown. The New York State Office of Parks, Recreation and Historic Preservation is requiring a Phase I archeological survey of the property. Agricultural Lands — The property is currently wooded and the soils are predominately sand. The property is zoned A-C, however, no agricultural use currently exists on site and therefore no loss of agriculture practices will occur if the proposed action is implemented. Note, however, that following the proposed action, the development of the area would remove the soils from any potential future agricultural use of the property. Open and Recreation Space — The site is wooded and although if offers numerous recreational opportunities, no public recreation use currently exists on the property. The property provides significant unprotected open space to the Hogs Neck Peninsula providing integral wooded upland and wetland habitats for wildlife. Based upon the potential individual and cumulative impacts, the Planning Board is requiring that a Generic Environmental Impact Statement (GEIS) be prepared for the Hog Neck Peninsula. The GEIS will provide a means of documenting and analyzing potential impacts in an orderly review process which allows for consideration of mitigation and alternatives. The requirement of the GEIS for the Hog Neck Peninsula mandates the analysis of potential, cumulative impacts to the area and therefore, to allow the application to proceed could be deemed as segmenting the SEQR review pursuant to 6 NYCRR PART 617 State Environmental Quality Review; Section 3. Item (g) which states: Actions commonly consist of a set of activities or steps. The entire set of activities or steps must be considered the action, whether the agency decision-making relates to the action as a whole or to only a part of it. (1) Considering only a part or segment of an action is contrary to the intent of SEAR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance, and any subsequent EIS, the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible. (2) If it is determined that an EIS is necessary for an action consisting of a set of activities or steps, only one draft and one final EIS need be prepared on the action provided that the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of the significant adverse environmental impacts. Except for a supplement to a generic environmental impact statement (see subdivision 617.10(d) of this Part), a supplement to a draft or final EIS will only be required in the circumstances prescribed in paragraph 617.9(a)(7) of this Part Currently, the framework of the GEIS does not provide for a segmented review of proposed individual minor and major subdivisions. In addition to the potential cumulative environmental impacts, it is the Planning Boards finding that the proposed project does not support the planning objectives of the Town of Southold which include: The preservation of open space and recreational space; the preservation of the Rural, Cultural and Historical Character of the Hamlets and surrounding areas and the preservation of the natural environment. The additional supporting documents for the GEIS follow for your review: "Planning Board Resolution dated June 25, 2002 Hog Heck Peninsula SEQR Coordination, Intent to Assume Lead Agency, Intent to Require A Generic Environmental Impact Statement." "Draft Generic Environmental Impact Statement (GEIS) Outline" If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. To: Town Board of the Town of Southold From: The Town of Southold Planning Board Date: June 25, 2002 Re: HOG NECK PENINSULA SEQRA COORDINATION, INTENT TO ASSUME LEAD AGENCY INTENT TO REQUIRE A GENERIC ENVIRONMENTAL IMPACT STATEMENT The following resolutions were passed during the June 24, 2002 Special Meeting. WHEREAS, the Town of Southold Planning Board has received a large number of subdivision applications on the Hog Neck Peninsula within recent months, and these applications are simultaneously pending review and decision by the Planning Board, and WHEREAS, these projects are interrelated to the extent that one project on its own may not overtax environmental resources; however, the combined effect of development may result in adverse environmental impacts, thus indicating the potential for cumulative impacts, and WHEREAS, the Planning Board recognizes that while there is zoning as a guiding land use development control, that the combination of subdivisions currently proposed, and the potential for further subdivision pursuant to current zoning, may in fact exceed the resource carrying capacity of the peninsula due to it's unique geographic, environmental and planning considerations, and as a result may result in significant adverse environmental impacts, and WHEREAS, the Planning Board is familiar with the State Environmental Quality Review Act (SEQRA) and the Board's responsibilities as the stewards of land use under the Zoning Code to consider the environmental consequences of land use decision making, and further that SEQRA Part 617.10 indicates that a generic EIS may be used to assess the environmental impacts of: Hog Neck Peninsula SEQRA Resolution (1) a number of separate actions in a given geographic area which, if considered singly, may have minor impacts, but if considered together may have significant impacts; or (2) a sequence of actions, contemplated by a single agency or individual; or (3) separate actions having generic or common impacts; or (4) an entire program or plan having wide application or restricting the range of future alternative policies or projects, including new or significant changes to existing land use plans, development plans, zoning regulations or agency comprehensive management plans the Planning Board finds that many if not all of these criteria exist with respect to Hog Neck, and WHEREAS, more specifically, the Planning Board finds that, the pending applications represent. consideration of a number of separate actions in a limited resource area; that the approval of these actions represents a sequence of actions which may have a significant impact; that these separate actions have generic or common impacts; and that the approval of piecemeal subdivision of land on the Hog Neck peninsula may foreclose the possibility of alternative conservation land use, coordination of resource protection, and may in fact cumulatively overtax the environmental resources associated with Hog Neck, and WHEREAS, the Town of Southold has a Master Plan and a series of studies, planning initiatives-and a record of decisions which establish the Comprehensive Plan of the Town; specific studies which establish the planning framework of the Town of Southold are identified below: • Land Use and Groundwater Quality in the Pine Barrens of Southampton (Cornell, 1983) • Southold Demonstration Project (Cornell, 1983) • Town Master Plan Update (1985) • Long Island Comprehensive Special Groundwater Protection Area Plan (1992) • Southold Town Stewardship Task Force Study (1994) • Agricultural and Farmland Protection Plan (1996) • Long Island Sound Coastal Management Program (1999) • Town of Southold Draft Local Waterfront Revitalization Program (1999) • County Route 48 Corridor Land Use Study (1999) • Farm and Farmland Protection Strategy (1999) • Town Water Supply Management & Watershed Protection Strategy (2000) • Town of Southold Local Waterfront Revitalization Program (2001) the Planning Board is aware of these studies, and coupled with the zoning map and Zoning Code of the Town of Southold, seeks to maintain orderly development within the purview of the Board's functions, and 2 Hog Neck Peninsula SEQRA Resolution WHEREAS, the"'Planning Board is aware of an overriding set of goals and desires represented by four (4) themes which are embodied in land use documents and regulations and the Comprehensive Plan of the Town, specifically noted as follows: (1) The preservation of farmland and agriculture, (2) The preservation of open and recreational space, (3) The preservation of the rural, cultural, commercial and historical character of the hamlets and surrounding communities, and (4) The preservation of the natural environment. the Planning Board finds that responsible land use decision making must consider these themes, and WHEREAS, the potential for simultaneous development of the current pending applications, and the potential for further development of vacant lands on the Hog Neck peninsula, poses a significant adverse environmental effect upon the resources of Hog Neck, and further may result in a conflict with the four (4) themes that establish the goals and desires of the Town of Southold in terms of the Comprehensive Plan, and WHEREAS, the Hog Neck Peninsula is a unique land mass comprised of approximately 2 '/2 square miles, that has limited resources, and is independent in many ways from the main body of Southold Town, and WHEREAS, Hog Neck has only two points of access resulting in concern over emergency access as well as the general capacity of the roads to sustain combined development pressure of the pending projects as well as further development of other vacant lands, and WHEREAS, Hog Neck is surrounded by water and constrained with respect to access, and as ;'a result, emergency service response, evacuation, flood zone management, and other service and community protection aspects associated with extensive development of Hog Neck warrant consideration, and WHEREAS, Hog Neck is adjacent to the Peconic Estuary Reserve, and land use and development must be carefully considered with respect to potential impacts on the Peconic Estuary, and WHEREAS, Hog Neck is surrounded by tidal waters and tidal wetlands, and has a number of interior tidal creeks including Goose Creek, Corey Creek and Cedar Beach Creek, comprising vast areas of marine waters and tidal marsh/wetlands, which are productive ecological resources with significant environmental benefit in terms of habitat, food production, stormwater and flood control, with the 3 • Hog Neck Peninsula SEQRA Resolution recognition that these resources and adjacent protective buffers should be protected, and WHEREAS, Hog Neck includes as many as twelve (12) interior State designated freshwater wetland systems (which are grouped and comprised of more than one feature in many cases), and that these systems provide habitat, water resource benefit, and potential inter-linkages in terms of species migration and support, with recognition that stresses to these resources could result in adverse environmental impacts, and WHEREAS, Hog Neck is an independent groundwater reservoir, which is subject to salt water intrusion, encroachment of the salt water interface, and depletion for water supply, as well as impact from groundwater discharge, which may result from over-intensified development, and WHEREAS, Hog Neck, due to freshwater and tidal wetlands, as well as open space and upland habitats, is a haven for wildlife resources which depend on the natural environment and expanses of natural resources associated with the peninsula, and that intensified use may result in impacts to these ecological resources, and WHEREAS, Hog. Neck includes rural, open space, agricultural and natural resource qualities,"as well as cultural resources; these are resources which are embraced by the Town under the Comprehensive Plan and further are resources which may be adversely affected by over-intensification of development, and WHEREAS, as a result of the traffic, water resource, ecological, open space and cultural resources associated with the overall peninsula, and the potential impacts thereto, the Planning Board finds that consideration of individual projects without interrelated review would be contrary to SEQRA, and WHEREAS, the Planning Board of the Town of Southold in view of the information available with respect to the Hog Neck peninsula, and the pending projects as well as developable land, finds it would be irresponsible to review the current applications in a piecemeal fashion, and that this would essentially result in a segmented review of a series of actions that are expected to result in cumulative and generic impacts, and WHEREAS, the Planning Board has conducted a coordinated review with involved agencies of individual actions including both Type I and Unlisted actions, and has assumed lead agency as a result of their role in the review and approval of subdivision applications, and WHEREAS, the Planning Board has authority to use planned residential development (cluster) provisions with respect to protection of sensitive environmental resources; and further routinely uses conservation subdivision, purchase of 4 Hog Neck Peninsula SEQRA Resolution development rights, and other land use, environmental and zoning techniques to analyze, mitigate and reduce impacts consistent with the Town Comprehensive Plan and in compliance with SEQRA, and WHEREAS, such techniques are available with respect to Hog Neck; however, piecemeal review of applications does not allow for the effective use of such techniques to adequately protect sensitive environmental resources. NOW THEREFORE BE IT RESOLVED, that the Town of Southold Planning Board hereby issues this resolution as a mechanism for coordinated review with involved agencies with respect to the combined actions and resultant development pressure on the Hog Neck peninsula, and that this resolution and the background set forth shall be used in lieu of an Environmental Assessment Form given the detailed account of the environmental sensitivity of Hog Neck identified herein, the geographic area involved and the multitude of pending applications, and BE IT FURTHER RESOLVED THAT, the Planning Board, after a period of thirty (30) days intends to assume lead agency status with respect to pending subdivision review of applications, and BE IT FURTHER RESOLVED, that the Planning Board finds that a Generic Environmental Impact Statement (GEIS) is appropriate and intends to issue the appropriate determination to require such document for the Hog Neck peninsula, considering the current pending applications which are expected to result in cumulative`and generic impacts, and BE IT FURTHER RESOLVED, that the Planning Board authorizes the secretary to the Board to file this notice with the following parties: New York State Department of Environmental Conservation, Albany New York State Department of Environmental Conservation, Stony Brook Suffolk County Department of Health Services, Riverhead Town Board of the Town of Southold Town of Southold Trustees Ms. Betsey Dickerson, Applicant Patricia Moore, Esq., Applicant Agent Abigail Wickham, Esq., Applicant Agent Richard Lark, Esq., Applicant Agent Cathy Mesiano, Expeditor, Applicant Agent ' S Hogs Neck Peninsula Draft Generic EIS Town of Southold DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT HOGS NECK PENINSULA A) DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT(GEIS) This study will be consistent with SEQRA guidance for a GEIS, and will include the entire Hogs Neck Peninsula. The study will utilize GIS wherever possible. Shape files will be obtained from the Town of Southold under a sub-license agreement with the Town and County, for use in evaluating and mapping environmental resources,planning and zoning data, and build-out analysis. An analysis of vacant subdividable lands will be conducted as a basis for impact analysis. The build-out analysis will be used to determine demographic, fiscal, groundwater, trip generation, and other density- derived changes in the current environment which would be anticipated. Assumptions will be made regarding natural areas and open space, fertilized areas,other landscaping, and general site development. A full groundwater impact analysis will be prepared, and the peninsula will be modeled for nitrogen load and water budget. Water quality data will be obtained and discussed with SCDHS, and water availability will be assessed in terms of yield and population. Tidal and freshwater wetlands will be mapped and a full ecological impact analysis will be prepared. Flood prone areas will be mapped and access considered. A traffic impact analysis will be conducted based on the build-out scenario. Ideally, four (4) Automatic Traffic Recorders(ATR)would be installed to monitor trips and key locations before, during and after the Memorial Day Weekend. Four (4) key intersections would also be studied, and access constraints, congestion, level of service and traffic mitigation findings documented. Other environmental resources and potential impacts will be analyzed based on the SEQRA outline included below. Mitigation measures, potential open space acquisitions, linkages, constraints and limitations, development standards, etc. will be documented to assist in ensuring that the carrying capacity of the peninsula is not exceeded. The consultant will work closely with the Town to coordinate efforts and will meet with Planning Staff to discuss results and mitigation. The following outline provides a further framework for the DGEIS. 1.0 DESCRIPTION OF THE PROPOSED ACTION 1.1 Project Purpose,Need and Benefits 1.1.1 Background and History 1.1.2 Public Need and Municipality Objectives 1.1.3 Benefits of the Project 1.2. Location Geographic boundaries Districts or Lands Affected Establish study area and specific parcels for which detailed information is available Page 1 of 1 • Hogs Neck Peninsula Draft Generic EIS 1.3 Project Description Describe any site specific conceptual proposals that the Town is aware of, as well as study area land use recommendations as hypothetical land use proposals, to form a basis for,impact analysis relating to a proposed project. Describe in detail the current zoning, pending projects, comprehensive plan and management strategies, and determine a build- out density based on current zoning for project evaluation. 1.4 Schedule, Construction, Operation Provide any pertinent insight into the schedule for implementation of the land use initiatives, as well as the schedule for construction and operation of any known land use projects on site specific parcels. 1.5 Approvals Describe any approvals necessary to implement the proposed land use initiatives of the study, as well as subsequent agency decisions which would be needed for any known specific land use projects. 2.0 ENVIRONMENTAL SETTING 2.1 Geology - Provide a description of the study area geologic environment. Describe the importance of the resource and the protection of same. Obtain information from the Suffolk County Soil Survey and regional mapping. 2.1.1 Surface Soils - Suffolk County Soil Survey soil associations 2.1.2 Topography—describe based on USGS or regional mapping resources, as well as site specific information as available. Provide slope analysis of study area utilizing digital elevation models. 2.2 Water Resources-Provide a characterization of the water resource environment in Hogs Neck. Describe the importance of the resource and the protection of same. Obtain information from SCDHS,Town GIS,208 Study,Comprehensive Plan, etc. 2.2.1 Groundwater— recharge areas, watersheds, general water quality, water supply; depth to groundwater, direction of groundwater flow,etc. 2.2.2 Surface Water and Drainage — significant surface water features and drainage characteristics. 2.3 Ecological Resources - Provide a characterization of the ecological environment of the study area. Describe the importance of the resource and the protection of same. Obtain information from Town GEIS's, Open Space and Natural Resource hiventories as well as site specific field inventories, aerial photography and site habitat mapping. 2.3.1 Vegetation—describe habitats on undeveloped parcels of study area. 2.3.2 Wildlife—describe unique species (threatened, endangered, special concern) and abundance of common species in habitats of affected lands. 2.3.3 Unique Habitats, Species, etc. — consult Town/State wetlands maps to identify wetlands on or in proximity to the site; contact NYS Natural Heritage Program for any unique habitats, floral or fauna species. Evaluate any species' biological needs and suitability of site to accommodate species. 2.4 Transportation —describe major highways, access to lands, local roads and overview of infrastructure. Summarize Traffic Impact Study(see separate scope). 2.5 Land Use and Zoning 2.5.1 Land Use — describe and map existing land use patterns in the study area. Use aerial photographs to document surrounding land use categories as well as surrounding area; establish land use categories and use Town GIS. 2.5.2 Zoning — describe and map existing zoning of lands in study area using Town GIS. Page 2 of 2 , Hogs Neck Peninsula Draft Generic EIS 2.5.3 Special Districts—describe and map special districts,if any. 2.5.4 Land Use Plans -Review available land use plans including Existing Town Zoning, Special Districts, and relevant regional land use plans and regulations including the 208 Study,and Article 6 of the Suffolk County Sanitary Code. 2.6 Community Services - discuss and map school districts, and discuss other community services and infrastructure within the study area, including police, fire, solid waste, and utilities. 2.7 Cultural Resources 2.7.1 Visual Resources—discuss visual resources of study area, existing site character and open space. 2.7.2 Cultural Resources —Describe Cultural Resources Assessment (CRA) including archival search, historic maps, walkover and documentation of potential historic and archaeological site sensitivity. Summarize Stage IA Cultural Resources Assessment(see separate scope). 2.7.3 Noise Resources — describe noise sources within study area; identify sensitive receptors adjacent the study area. 2.8 Growth-Inducing Aspects 3.0 SIGNIFICANT ENVIRONMENTAL IMPACTS - Impacts of each resource area noted above will be discussed and analyzed in detail; impacts will be discussed as long term/short term, site specific or cumulative where appropriate. 3.1 Geological Resources 3.2 Water Resources 3.3 Ecological Resources 3.4 Transportation 3.5 Land Use, Zoning and Plans 3.6Community Services 3.7 Cultural Resources 3.8 Growth-Inducing Aspects 3.9 Cumulative Impacts 4.0 MITIGATION MEASURES 4.1 Geology 4.2 Water Resources 4.3 Ecological Resources 4.4 Transportation 4.5 Land Use and Zoning 4.6 Community Services 4.7 Cultural Resources 4.8 Socio-Economic 4.9 Cumulative Impacts 4.10 Growth-Inducing Aspects 5.0 ADVERSE IMPACTS THAT CANNOT BE AVOIDED 6.0 ALTERNATIVES 6.1 No Action Alternative 6.2 Full Development under Current Zoning 6.3 Reduced Density Development Page 3 of 3 Hogs Neck Peninsula Draft Generic EIS EIS EXCLUSIONS I. Fees are for professional services only and do not include direct costs(non-xpected); 2. Engineering,surveying or other services not specified herein; 3. Duplication of document for submission(I client copy included per submission); 4. Direct cost of site soil borings,sampling,water/soil/sediment analysis or other testing,if required(not expected); 5. Public hearings and meetings;public presentation materials(if required);revisions to EIS caused by requests for additional work during comment periods,will be billed based on time rates; all meetings, attendance at hearings and/or work not specifically mentioned herein will be billed at on an hourly rate basis in accordance with the time rates fee schedule. B) TRAFFIC IMPACT STUDY 1. Conduct seven day automatic direction traffic counts at the following locations: a) Bayview Road(main) south of Smith Drive South b) Bayview Road(North Road)North of Goose Creek Lane 2. Calculate the vehicles trip generation rate for the existing residences on Great Hog Neck using the automatic traffic counts and Town data bases to determine the appropriate number of residences. Estimate the number of single family residences, which can be constructed on the undeveloped land on Great Hog Neck. 3. Compare the prevailing trip generation to the Institute of transportation Engineers Data. The higher value the data developed for the prevailing trip generation or the ITE data will be used to project potential traffic increases. 4. Conduct morning (7-9am) evening (4-6pm) and Saturday midday (llam-2pm) intersection turning movement counts at the following intersections: a) Route 25 Main Road and Corwin Lane. b) Route 25,Main Road, and Ackerly Pond Road. c) Route 25,Main Road and Oaklawn Avenue d) Route 25,Main Road and Horton Lane. 5. Calculate the growth of the existing traffic using New York State or Suffolk County growth factors. 6. Compare the existing road future traffic capacity and Levels of Service at the intersections listed above. The future conditions to be evaluated are: a) Complete development per existing zoning by 2012 b) Reduced development density as approved by the Town of Southold by 2012 7. Review the emergency service access with the appropriate officials for the existing and full development and reduced density conditions. 8. Inventory the existing Bayview Road intersections to determine sight distance restrictions. 9. Collect existing traffic volume data from the Suffolk County Department of Public Works and the New York State Department of Transportation. 10. Compile and evaluate the data collected into the GEIS for the existing, full development and reduced density conditions. Page 4 of 4 Hogs Neck Peninsula Draft Generic EIS C) CULTURAL RESOURCES ASSESSMENT Retain the services of a qualified archaeological services consultant to perform a Stage IA study for the peninsula. The Stage IA (Documentary Search and Sensitivity Assessment Study) report will consist of documentary search and visual inspection study prepared according to NY Archaeological Council guidelines. The report will be accompanied by recommendations regarding the need for further study if applicable. D) DRAFT EIS FOLLOW-UP AND FINAL EIS PREPARATION The DEIS may require finalization, and/or revision subsequent to Planning Board/staff input. The FEIS phase is most difficult to anticipate as the FEIS depends upon the written and oral comments received by Town at hearings and during the comment period. A budget is typically estimated based on experience with prior similar projects; however, depending upon agency/public input, the budget could be more or less. The following services are anticipated: 1. Attend meetings related to Draft and Final EIS. 2. Revise Draft EIS per comments from lead agency(s). 3. Attend Public Hearing on Draft EIS. 4. Prepare Response to Comments on Draft EIS and submit as Final EIS. 5. Revise Final EIS for acceptance by lead agency. Page 5 of 5 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM MATTITUCK, LONG ISLAND MELVILLE OFFICE ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO.631-249-9484 October 30, 2002 Attn: Mr. Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Major Subdivision Bayview Overlook North Bayview Road, Southold, New York SCTM# 1000-79-5-20.6 & 20.7 Dear Mark: Please confirm that the proposed Declaration of Covenants and Restrictions that we sent to you on July 24, 2002 is acceptable, as we would like to have them recorded and noted on the map. They prohibit further subdivision of the 8 acre lot. Please let this also confirm that this matter is scheduled for the Board's November 4`h meeting to start the SEQRA process and address other matters. Very truly yours, Abigail A. Wickham AAW/dm 30/shdtpb4 cc:J Hurtado I W OCT S 1 ?x102 Southold Town Pinnninq Board • • S%-PC Submission Without a Corer Letter Sender: `z� Subject: �� J�iL...1 �r1t1c9 SCTnr#: 1000- �70, Date: ' b/ 1-, Z Colll'"tents: p •r�rIW __ Southold Town �'l8.►�inp�Oard PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 June 3 , 2003 BY HAND E C E o V Mr. Mark Terry Southold Town Planning Board JUN i 2CJ3 Southold Town Hall Main Road Southold Town Southold, NY 11971 pannin 9oard 9 RE : Subdivision Map for Zoumas Contracting Corp. At Bayview, Southold, NY SCTM # 1000-79-04-17 . 17 Dear Mr. Terry: Enclosed please find ten (10) prints of the Sketch Plan of the above referenced subdivision map. If you have any questions, please do not hesitate to contact me . 3ery tr ly yours, ff\.. �. ricia C. Moore PCM/mr Encls . • o�gOFFl1[,t �, • JOSHUA Y. HORTON �� JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD y. TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 • �'1 �p Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD May 29, 2003 Melissa Spiro Land Preservation Coordinator Town Hall, 53095 Main Road Southold, New York 11971 Re: Harbor Lights SCTM #: 1000-79-04-17.17 Dear Mrs. Spiro: I am aware of your current preservation efforts with regard to the above referenced parcel. Preservation of this property would undoubtedly be considered a benefit to the community in many ways but I would like to address the following information because it may have some bearing on the actual transaction of the property. I am sure that you are aware of the Recharge Basin (Lot# 17.10)and the private road named Clipper Drive (Lot# 17.11) that are adjacent to and within the properly you are trying to preserve. This road was constructed as one individual phase of a larger Harbor Lights subdivision. The road end that adjoins the property you wish to preserve has been constructed with a "T" section of road that extends into the property you wish to acquire. There is also an existing drainage system extending from this location down to the existing Recharge Basin all of which lies within the area that is to be preserved. I would recommend that provisions be made within the legal documentation for acquisition of the site to provide for continued use of this road and drainage encroachment. Use of this tum around by emergency vehicles&equipment should be considered an imperative for the residence of Clipper Drive. To that end, I would also be recommended that an area for a future cul-de-sac be established that would provide a 100' x 100' right-of-way at this location. This would ensure, when and if the homeowners ever intend to dedicate Clipper Drive to the Town, that there is enough property available for the proper construction of a tum around. Recording of a drainage easement would also be recommended because there will be a need for maintenance of the existing drainage pipe. I will leave the decision on how to accomplish this task in your capable hands. r a ralna e s te'm to the existfn rec ia�a sin' on within the South Easterl I would also like !9A d five 5 lot subdivision comer of the site. ftTis_s to g ys g g „I offer this information in an attempt to alleviate any problems that may become evident in the future. As always, if you have any questions regarding this matter, I will be only too glad to discuss it with you. nc rely, mes A. ichte cc: Orloviski,Jr. 8 Chairman-Planning Board D A A Sale Jack Abele Box 997 Southold NY 11971 631-765-2352 ✓5 Valerie Scopaz Melissa Spiro Town Planner Land Preservation Subject: Zoumas Homes and the So-Called "Harbor Lights" Project My suggestions for this project: Develop it as a conservation subdivision with a maximum of six two-acre plots in sections that adjoin existing housing: Two on Square Rigger Drive(an undeveloped road) Two at the southern end of Windjammer Drive Two on Anchor Lane The remaining land (30-plus acres)would continue to be open land, including all of the frontage along North Bayview Road. Further open space could be achieved by requiring one acre of the building sites to be maintained in a natural state. The open land could be preserved through a conveyance to the Peconic Land Trust,the sale of development rights or some other procedure. The Harbor Lights Association owns small parcels of land at the proposed sites and that probably would require some arrangements for access through those parcels. I am a past president of the Harbor Lights Association and presently am a member of the board of directors, but I have not made a formal presentation of this pp f posal to the board or the Association's members. The board and the membership probab would have to approve arrangements for access through Association-owned land. In my opinion,that would not be a problem. February 25,2003 AELE D Soubld Tm Rarining Board FEB-27-03 THU 03:26 PM HA URGER MAXSON YAFFE FAX NO, 6316941376 P. 01/04 HAMBURGER, MAXSON, YAFFE, WISHOD & KNAUER, LLP rr� 2 pp 2E Attorneys at Law E D C E Q u 225 Broadhollow Road, Suite 301E RECEIVED D Melville, New York 11747 WMA 631.694.2400 3 ' Fax: 631.694.1376 FEB 2 8 2003 Southold Town Southold Town Clerl Planning Board FAX COVER MEMO FROM: David N. Yaffe, Esq. DATE: February 27, 2003 FILE #: 1814.2 # OF PAGES (including this one): 4 Ej E , T NAME OF PERSON AND/OR FIRM FAX # TELEPHONE # Elizabeth A. Neville, Town Clerk 631.765,6145 631.765.1800 Southold Town Hall Gregory Yakaboski, Town Attorney 631.Mi5.1823 631.765,1889 3outltol— Town llall John zoumas, President 631.929.5071 631.020,4570 %ot 11Ic Cl ) in rtiov Co COMMENTS: 1P ' HF.RF ARF. ANY PROBLLMS CONCERNING THE TRANSMISSION OF THIS MATLR[AL, PLEASE CALL: Kim Catilanotto at 631.691.2400 Thank You. 'ArtLiiiiik'ik . . RF # iiFf Tk Ri ti Ak Rf Rkk} fikif MMR# tt } } if . RkiiifRktfi} } } k4f i# CONFIDENTIALITY NOTE 'ncc-documents accompanying this telecopy transmission Contain information which iv confidential or privileged. The information is intended to be for the use of the individual or entity named on this transmission shcet. If ymt Are not the intended recipient,he aware that any disclosure,copying,distribution or use of the contents of this telecopied information is prohibited. k #i # rkM4iFt#} W4Mtf itMFii##iRM iMkf#4} }f illi MMii i4iiF }Rff#ik MYRt###iyiWf RitRiyW Yi # ti Mi FEB-27-03 THU 03:27 PM HAMBURGER MAXSON YAFFE FAX NO, 6316941376 P. 02/04 HAMBURCER, MAXSON, YAFFE, WISHOD & KNAUER. LLP ATTORNEYS AT LAW .2.25 BROADHOIAAW ROAD.Sucre 301E RICI IARD HAMnURCLR MELVILLE,NEW YORK 11747 NEW 1f.RV:Y COVNSEL LANE 1'.MAX50N' RECEIVED 631694.2400 ILI FREY D.MARKS" DAVID N.YAI'I'E 'ALSO MDdnra NEW YORK BAR EUGENE L.WI.SI 100 Fax:6aLQi9�.137G TODD A.KNAI IER I IMYL&Wcom F E 8 2 8 2003 WILLIAM P.CAFFKEY.IR. BRIAN T,LOAN DAVID Ft. I10tNEW Jkluar BAILARLO M[MnYR N[ Southold Town Clerk February 27, 2003 ViA FACSIMII. ' & FIRST CLASS MAIL Elizabeth A. Neville, Town Clerk 'town Hall 5SO95 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Zomnas Contracting Corp. - Bayview Subdivision Request for VarianeeMaiver front Moratorium Dcar Ms. Neville: This firm represents Zoumas Contracting Corp, with respect to the above- referenced request for a waiver from the moratorium provisions of Local Law No. 3 of 2002. 1 appeared and spoke on behalfof the application at the Town Board hearing held On February 25, 2003, Without waiver and with full reservation of rights, I write to clarify the record in response to certain continents made by members of the public at the hearing. First, according to my count, approximately 12 members of the public spoke in opposition to this request for a waiver. Of the nine people who actually ideritificcl wlrerc they live in this vast town, eveYy single one of them indicated that they live in the developed residential subdivisions which border upon,adjoin, or are adjacent to the subject property. In ocher words, and quite ironically, they are the ones who live in the densely developed homes in the neighboring Harbor lights Sections 1- 4 developments and the Bayview Woods Estate development. The vast majority of these densely developed homes were consl.t•ucted in the 1960's, before the enactment of the State Environmental Quality Review Act, ,Ind were therefore constructed without consideration of the environmental,archeolog- ical, and other related concerns addressed in that statute, and without consideration of the four guiding planning objectives of the "Town mentioned in Local Law No. 3 of 2002. FEB-27-03 THU 03;27 PM HAMBURGER MAXSON YAFFE FAX NO. 6941376 P. 03/04 HAMBURGER, MAXSON, YAFFE, WISHOD & KNALIER, LLP ATTo"EYS AT LAW Elizabeth A. Neville, Town Clerk February 27, 2008 Page 2 During the hearing, Mr.Tor Torkelson, a resident of one of the neighboring harbor Lights subdivisions,represented that Zoumaswas proposing to develop and/or cut down the trees on cvety square inch of each lot.. This representation is completely incor- rect. Under the auspices of the Planning Department, any ultimate development would take place on isolated portions of each lot, in accordance with governing Town Code requirements, Mr. Carl Deleteris, a resident of the neighboring Harbor View development, raised issues concerning access to and from Ilogs Neck. Such issues have nothing to do with the traffic concerns identified in Local Law No. 3 of 2002 (i,e., traffic on Slt 25). The subject property is not on or adjacent to SR 25, In any event, alleged traffic issues would be addressed under the auspices of the Planning Department during its review of the subdivision application. Mr, John D'Amico, a resident of the neighboring Bayview development, asked what benefit the neighboring hoineowners would derive from the proposed subdivi- sion. 1 respectliilly submit that there exists no requirement that this development, or any development for that matter,"benefit" the neighboring homeowners. In any event,among Other things, the influx of new residents who transact business and shop in town"benefits" them and the community at large, the influx of new residents adds to the I.ax base and "benefits" them and the community at large, the availability of construction and relates] jobs at the preniises"benefits" theist and the community at large, and the influx of conl.rac- tors and subcontractors buying gas, buying lunch, and shopping in town "benefits" them and the comrnunity at large. Mr.Jamcs Spiess, the President of the Harbor Lights homeowner's associa- tion, confirined that lie was involved in purchasing the neighboring private roads and in denying permission to Zoumas to utilize such roads for access to fire proposed develop- ment. It was these nhachinations that delayed the development by the approximately 18 Month lnng period that I discussed during the hearing. Another one of the residents represented to the Board that Zoumas owns sever H other large parcels of land in Southold that it is seeking to subdivide and develop, affil that one in every six building permit applications before the "Town Building Depart- ment is from Zoumas. This is not true. First, the subject property is the only parcel of land in Southold that Zoumas is seeking to subdivide. It owns no other such parcels. Second, FEB-27-03 THU 03:27 PM HAMBURGER MAXSON YAFFE FAX NO, 6316941376 P, 04/04 HAMBURGER, MAXSON, YAFFE, WISNOD & KNAUER, LLP ATTORNEYS AT LAW A;lizabeth A. Neville, Town Clerk February 27, 2003 Page 3 Zonnras (foes own a hancifal of 9/4 acre parcels of land located in the Town, which it purchased after they had been subdivided by others. 'laird, it has a lawful right to improve these other parcels of land. Fourth, and in any event, the issue of whether or not Zounras owns other parcels of land in'1'own is irrelevant, and any reliance upon such a factor would be improper. Finally, it is apparent from comments made by members of the public at the hearing, that certain individuals living in the neighboring subdivisions are not only seeking to have the Town continue the temporary taking that has already occurred as a result of the more that three years of delays discussed at the heating, but that they are seeking to have die'lbwu permanently deprive Zoumas of all rights to develop its property, irregard- less of its constitutional rights to do so. Without waiver and with full reservation of rights, such requests should be rejected. We request that this letter he made part of the record for the instant applica- tion, and that the instant application be granted. Vet r Lily Y rs, David N. Y e, sq, /kc C: Gregory Yakaboski, Town Attorney (via facsimile) Zoumns Cow.racting Corp. (via faesitnile) T- Y JOHN J .VOGT 5785 N.BAYVIEW ROAD RECEIVED SOUTHOLD,N.Y. 11971 MR.JOSHUA Y. HORTON SUPERVISOR MAR 3 2003 SOUTHOLD TOWN HALL 53095 MAIN ROAD (ROUTE 25 ) Southold Town Clergy SOUTHOLD,N.Y. 11971-0959 . DEAR MR.HORTON, WE NOTICED IN THE FEBRUARY 13 , 2003 ISSUE OF TRAVELER WATCHMAN A LEGAL N0TICE(PAGE24A) REGARDING "ZOUMAS CONTRACTING, INC. " i REQUESTING A WAIVER IN THE TOWN' S MORATORIUM TO BUILD 22 HOUSES ON 48 ACRES (SCTM 1000-79-4-17 . 14 AND 17 . 17 KNOWN AS "HARBOR — LIGHTS SECTION 5) . . . "ZOUMAS IS PRESENTLY BUILDING SEVERAL HOUSES IN THE AREA NEAR SOUTHOLD ' S ELEI'MRN Y"_' SCHOOL, SO IT ' S NOT LIKE THE COMPANY IS OUT OF WORK. " WE LIVE IN THE NORTH BAYVIEW AREA AND HAVE A PERSONAL INTEREST IN THIS REQUEST FOR A WAIVER AND EQUALLY CONCERN ABOUT THE TOWN' S GENUINE INTEREST IN FURTHER NEW DEVELOPMENTS WHILE THIS MORATOHSUM IS STILL IN PLACE AND UNTIL A COMPLETE REVIEW AND ANALYSIS IS COMPLETED. OUR BASIC CONCERN RELATES TO ADEQUATE FRESH WATER TO SERVICE THE AREA. (OUR SHALLOW WELL RAN OUT OF WATER ONCE IN THE SIX YEARS WE HAVE LIVED HERE THAT REQUIRED A NEW ONE TO BE INSTALLED. ) MOREOVER,WE UNDERSTAND THE SUFFOLK COUNTY WATER AUTHORITY QUESTIONS WHETHER IT CAN SUPPLY ADDITIONAL FRESH WATER TO OUR TOWN—IN—GENERAL. IN CONCLUSION,WE WOULD APPRECIATE SPECIAL CONSIDERATION NOT TO WAIVE THIS IMPORTANT MORATORIUM,ESPECIALLY UNTIL THE CODE ETC. CAN BE FULLY EVALUATED. .A PREMATURE DECISION COULD HAVE AN ADVERSE AND LASTING EFFECT ON THE FRESH WATER SUPPLY. .THANK YOU. . VERY TRULY YOURS , OHN J .VOGT. CC:MR.BENNETT OSLOWSKI ,JR CHAIRMAN OF THE SOUTHOLD PLANNING BOARD. p EC EI V E L; FEB 2 1 2003 Southold Town Plannin Board wsoFS • " or ^cur. MARIN FAMILY 1635Ships Drive Southold,NY 11971 wmarin@optonline.net RECEIVED February 21,2003 F E BflKiD6003 RE: Zoumas Construction at Bayview /4!57/n,4,rk e -43 Southold Town Board Members P 0 Box 1179 Southold Town Clerk Southold,NY 11971 To Whom It May Concern: We are writing to you to complain about the construction that Mr.Zoumas is attempting to perform in the Bayview area in Southold,New York. It was our understanding that the moratorium would protect the area from further construction for at least a year,while an environmental impact study was preformed. It has been brought to our attention that Mr.Zuomas is attempting to petition to begin construction before the moratorium has officially ended. This is completely unacceptable to our family. We have lived here for over twenty years and have witnessed first hand the wildlife and beauty of the woodland behind our house. This area has served as a refuge to many species of wildlife and also houses a fresh water pond. Besides being home to local animals,it is also the place where our children have grown up. They used to play and explore the forested area for hours at a time when they were children. Now the children of other families continue to play in the woods and this is the way it should be. The area also needs to be analyzed for additional environmental impacts the construction may have such as habitat destruction,animal displacement,and groundwater contamination. The increase in residents in the area will also have an effect on the amount of traffic,air pollution,noise pollution and an increase in taxes. Another issue to consider is the effect the amount of new children in the proposed area will have on our small school system. The school is already facing problems after the reconstruction of our schools and this will only increase will an addition of children to the town. Southold Town is becoming increasingly developed,overdeveloped in our opinion. The proposed area of construction is one of the last large tracts of forested land in the area,and should be preserved for future enjoyment. The method in which Mr.Zoumas is attempting to petition is extremely devious. To attempt such a controversial construction,when a majority of the neighborhood is wintering elsewhere,is an underhanded and cowardly effort. Please stop this man from being able to begin construction of the Bayview area. If not forever,at least until the moratorium has lapsed and an extensive environmental impact statement has been completed. Thank you for your time,and please highly consider out concerns as residents of the Bayview area. Sincerely, C E FEB2 ? 0 William,Janet,Alicia and Lelaina Marin Southold Towil S�,rir F i8 SOUTHOLD TOWN BOARD h i PUBLIC HEARING February 25, 2003 8:05 P.M. HEARING ON THE APPLICATION REQUESTING A WAIVER FROM THE PROVISIONS OF THE LOCAL LAW ENTITLED "TEMPORARY MORATORIUM ON THE PROCESSING, REVIEW OF, AND MAKING DECISIONS ON THE APPLICATIONS FOR MAJOR AND MINOR SUBDIVISIONS AND SPECIAL USE PERMITS AND SITE PLANS CONTAINING DWELLING UNIT(S) IN THE TOWN OF SOUTHOLD" FOR THE MAJOR SUBDIVISION OF ZOUMAS AT BAYVIEW,SCTM#1000-794-17.14 AND 17.17. Present: Supervisor Joshua Y. Horton Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Absent: Justice Louisa P. Evans Councilman Thomas H. Wickham COUNCILMAN ROMANELLL• NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 8:05 p.m., February 25, 2003 at Southold Town Hall, 53095 Main Road, Southold,New York, for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Maior and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) in the Town of Southold" for the major subdivision of Zoumas at Bavview for the parcel identified as SCTM# 1000-79-4-17.14 and 17.17. (The proiect known as "Harbor Lights Section 5" contains frontage along North Bayview Road and Anchor Lane in Southold). In this file, I do have affidavit that it was posted in our official paper and posted on the bulletin board right here in Town Hall. There are some correspondence, again, which I know all Board members have seen and gotten copies of. I believe that that is it. SUPERVISOR HORTON: We will offer the floor to members of the public that would care to address the Board on this specific public hearing. DAVID YAFFE, ATTORNEY FOR THE APPLICANT: Good Evening, my name is David Yaffe and I represent the applicant. My client is Zoumas Contracting Corporation and the President, John Zoumas is here in the back on behalf of the application as well. As you indicated, this is an application for a variance and or a waiver on the moratorium imposed by Local Law #3 of 2002. The application February 25,2003 • 2 • Zoumas Waiver was filed with the Town back on November 8, 2002. It is my understanding that the six month moratorium originally imposed by this law on August 13 was scheduled to expire on or about February 13 but that the Board recently extended the moratorium for another six month period, bringing the moratorium to a full year. I want to give a little background to the history of this little parcel because I think it helps to put this application in its proper context. The applicant owns approximately 48 acres of land at the Bayview Subdivision, known as Harbor Lights, Section 5. The present applicable zoning for the property is two acres. The property is surrounded by four fully developed residential subdivision which were built by Reese Development, mostly on '/4 acre lots and none on lots of more than 1 acre. It is not farmland, it is wooded property. It is also not waterfront property, it is also not on or adjacent to State Road 25. The subject parcel is the remaining piece from the Reese holdings and was purchased by Zoumas Contracting Corporation through a purchase contract dated August 4, 1999. In November 1999, more than 2 % years before this moratorium was enacted Zoumas submitted its subdivision application to the Town Planning Board,proposing to subdivide into approximately 22 lots of no less than two acres each. At that time, even though the property was adjacent to Town Road, North Bayview Road, the Planning Board told Zoumas to develop the property by utilizing the private roads in the surrounding subdivisions. Working in an effort to meet the Planning Departments instructions, Zoumas explored development on the private roads. However, at that time, the status of the ownership of the roads was undecided and ultimately, Reese sold these private roads to the homeowners associations, who thereupon refused to grant Zoumas the ability to use those roads. This exploration took approximately 18 months of time. After the homeowners associations said no, the Planning Department told Zoumas to go back, revise his plan to use the adjacent town road. He quickly did that and submitted his new plan to the Planning Board, however, he was then faced with another hurdle. The Town Planner had left the employ of the Town and no person was re-hired to fill that position for approximately an eight month period. Another eight months of time was lost, throughout this period Zoumas was trying to get some movement on his subdivision application but nothing was taking place. Then finally, despite the fact that the Planning Board never previously made a SEQRA determination on the property, as is required by SEQRA. Such a determination h as to be made at the earliest possible point in time, which would and should have been when he originally submitted his subdivision application in November of 1999. They made a SEQRA determination May 13, 2002, 2 '/2 years later. They issued a positive declaration for the project. Then on or about June 24, the Planning Board adopted a resolution requiring a generic EIS for Hogs Neck Peninsula and it fixed August 15, 2002 for the date for a Scoping session for the generic EIS. However, two days before that scoping session, this moratorium was enacted for the first time. The Local Law, which enacted the moratorium, has in it four stated objectives. They are contained in Section 1, the purpose of the law, and I would like to read them into the record. The four guiding planning objectives of the Town of Southold are: 1. The preservation of farmland and agriculture. This again is not agricultural lands or farmland. 2. The preservation of open space and recreational space. This is not recreational space. Arguably, portions of the wooded area could be deemed open space but I will get to that in a moment. 3. The preservation of the rural, cultural, commercial and historical character of the hamlets and surrounding areas. Well, this piece of property doesn't fit into that category, either. It is completely surrounded by residential developments. 4. The preservation of the natural environment. I submit that the preservation of the natural environment would be the subject of the SEQRA review, if this honorable Board allows the SEQRA process to now proceed because the moratorium stops all consideration of any aspect of the application. So it would appear that the applicant meets those four concerns. In Section 6-a of this Local Law authorizes this Board to grant a waiver or variance of the moratorium if it determines that the waiver or the variance will not adversely affect the purpose of the February 25, 2003 • 3 • Zoumas Waiver Local Law, the purposes which I have just gone into. In connection therewith, the Town Board shall take into account the existing land use in the immediate vicinity of the property, the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources and transportation infrastructure of the Town. I respectfully submit that the approval of a moratorium variance or waiver to this subdivision is well in keeping with each of these considerations. It is appropriate in view of the considerable lengthy delays this project has already suffered. The applicant did submit a letter to the Board in making this request and I ask that this be considered part of the record in terms of its establishing of compliance with these various areas that are looked into in considering whether to grant a waiver or not. But I will just repeat some of them, existing land use in the immediate vicinity. I don't want to beat a dead horse, here but... SUPERVISOR HORTON: Sir, there are several people who would like to address the Board on this public hearing and I would like you to certainly get all of your points and concerns on the table, do you have much more to share? If you do, what I will do is turn the floor over to the public and come back to you for the completion. MR. YAFFE: I actually have a little bit more to go and then I will be done. So, I have already talked about the existing land in the immediate vicinity, I won't repeat that. In terms of water supply, I am advised the Suffolk County Water Authority has performed several deep and shallow tests of water availability on the site and has determined that there is sufficient water at the site, not only for the houses that are proposed to be developed but for the entire neighborhood. And in terms of transportation infrastructure the increase in vehicular traffic in this area based on the mere addition of approximately 22 homes is not expected to be significant. But that of course, is an issue that would be addressed as the subdivision approval process goes forward. Again, I am just simply trying to get a waiver of the moratorium as it affects this property and of course, it would be considered and reviewed and mitigated to the extents required by law. Finally, Mr. Zoumas has advised me that he is agreeable to accepting an approval of the variance waiver application as long as that approval is conditioned upon a requirement that he amend his subdivision plan to provide for the development of the property in five-acre lots instead of two-acre lots, provided that such waiver variance is granted promptly and by promptly I submit 15 days within the date of this hearing and such approval contains a direction to the Planning Board to act upon the application in an expeditious manner. This amended subdivision plan would contemplate approximately nine five-acre lots with each lot incorporating the... SUPERVISOR HORTON: Sir, is that a plan that is part of the request that is currently before the Board or is this.... MR. JAFFE: I am saying that... SUPERVISOR HORTON: If it is not part of the current waiver request.. MR. JAFFE: I am saying that the applicant would accept a waiver conditioned upon him filing such a subdivision plan. And such amended subdivision plan would contemplate nine five-acre lots with each lot incorporating the open space created as passive space. We envision that these would be secluded, private parcels. In this manner, the already minimal impact of the development of the property would be further dramatically reduced. Also, such self-imposed upzoning of the property would accomplish what I believe to be all of the issues now being considered by this Board in connection with the February 25, 2003 • 4 • Zoumas Waiver moratorium. In addition,we expect that it would remove the property from the generic EIS ordered for Hogs Neck. And I would now cede the floor to public comment. TOWN CLERK NEVILLE: Mr. Jaffe, may I please have a copy of the transcripts that you read from for the record,please? TOR TORKELSON: My name is Tor Torkelson, I am a resident and also a local builder. I would like to address some concerns that we do have. One is that he said that it doesn't affect the area. One of the reasons for the moratorium, the hearing that he was talking about was stopped because of the over- development of Hog Neck. Personally we go out and buy our own feed to feed the animals. There is more than two-dozen deer, almost any type of animal that you can think of that resides in that area. It is not typical of builders to realize that there is wildlife and any kind of impact that he is talking about will affect, very negatively, our environment and our quality of life. If he says that everything around it is housing, that is the problem we have in this Town. We are building up everything. And five-acre zoning, what you are doing is taking all the woods and you are going to develop all of it for the sake of nine people who have 2 or 3 million dollars to spend. I bought my property realizing that somewhere down the road, there may be a cluster of homes in one place, greenbelting in the other. Some things in the Town have changed, what used to be considered two-acre is now one-acre because it is green belted somewhere else and somebody else has got to shoulder the responsibility for that. The moratorium is in place so we can take a hard look at where we are in this Town. We do have tremendous over-development in this Town, Hog Neck especially has been over-developed and that is the reason that he says it won't negatively impact because it is already developed too much. He is using that as an example to say why it is not going to be negatively impacted. You have people here, the moratorium was called because of the over-development and people are getting scared. We are not here to blame the Town. The costs of the property has gotten so out of hand that people are just over- building this area and if we don't stop and take a look and make real, hard decisions and give good, clear answers to the problem before we go ahead, we are going to have, it is going to tum into where I grew up in Huntington. Where Huntington was like Southold before, where we did have our woods that we used to walk around-that we don't have anymore. And if woods aren't worth protecting, what is? In this neighborhood. I can't see how it cannot negatively impact the area. I have seen tremendous amount of development. As you drive Hog Neck, everywhere is being built up. And at least we were figuring that we would have a little time to make some hard decisions on where we want to go and I think this thing, a major subdivision, is something that should not go forward. And to throw a carrot out at the end and say that we will accept five-acre zoning, is going to do as much damage as two-acre zoning is going to do. It is not like the association is working against him, Zoumas or any builder. Everything has been behind our back. We have never had one meeting where they have come and talked and said what their plans are and their desires. And our desires, like everybody else, to live in a somewhat rural community in New York on Long Island. Which is why I moved out here. So, I would request that this not be granted at this time and we honestly as a Town take a serious look at where we are going as a Town and decide at what cost are we moving forward. Thank-you. SUPERVISOR HORTON: Thank-you, sir. I ask that members of the public that do address the Town Board, that you do state clearly your name and place of residence into the microphone so that it is recorded in our record. February 25, 2003 • 5 • Zoumas Waiver GWEN SCHROEDER, NORTH FORK ENVIRONMENTAL COUNCIL: Hi, Good Evening. Gwen Schroeder, North Fork Environmental Council. I just want to say to Mr. Yaffe that 22 homes, it is estimated that each home generates between 8 and 11 car trips per day so that could be up to 244 car trips on that infrastructure of those roads. I am glad that Mr. Yaffe brought up the whole process, if you remember, when the Town's principal planner and the Planning Board Chairman came to you and recommended instituting this moratorium, they used Hog Neck as a case study. At that time, there were at least 7 pending subdivisions that if they were granted, as applied for, would result in 67 new homes. He is right, subsequently, the Planning Board did issue a positive declaration but it was in the context of three surrounding subdivisions. And that is what SEQRA is supposed to do, look at the big picture and not segment the affects on the environment. So, that happened on May 13, subsequent to that the Town decided, the Planning Board decided to institute this generic environmental impact statement and as Mr. Yaffe said that was stopped because the Town Board instituted the moratorium. So none of those issues, those critical environmental issues, trees make oxygen, my family owns property in the Hogs Neck area, there are red fox, teeming with wildlife, bird life, there is wetlands in those woods. To say that it is not viable and worthy, is just wrong. It is not farmland but it is open space and that is important, too. And I would just say that I understand that Mr. Zoumas has had some delays but if anybody takes a walk into the Building Department and looks at their log book of how many building permits have been issued in this Town, Zoumas' name comes up about every six applications. So, I am sure that he was busy during those times that he was held up with the Planning Board. Thank-you. JOE RISTUCCIA: I would like to say thank-you for letting me speak here this evening. My name is Joe Ristuccia, I am here because I happen to live in that area. I live on North Bayview and Ships Drive, which abuts on Anchor Lane and I am very much involved in what is happening here. Unlike the esteemed attorney that is representing Mr. Zoumas, I would say that he does not really have an idea of what is happening in this Town because he doesn't live here. He is somebody that is a hired gun and he makes these statements but I have been living here for 17 years not too much in terms of some of the people who live here but 17 years is still 17 years. I have lived here as long as I have been retired. I would just like to say a few things about that. I have spent those summers where I live, and it is a beautiful place as a matter of fact, every occasional six months or so Newsday puts an article in their paper about bucolic Southold and I can remember seeing articles about bucolic Bayview. That is the section we live in. And this is where this particular request for the waiver is being made for, in this 40-acres. And I can tell you that last summers when we had a drought, I resisted putting on my sprinkler system because it impacted everyone else in the area. And I realized that if we did anything like that, I would be hurting myself, ultimately. Thank goodness, we have all that snow now and we don't have the problem of drought but we did have one last year, so water is an issue. Even though lie says that water has been brought in by Suffolk County. But still, in the aquifer, this is a low recharge area and you have to appreciate that we here have a special environmental problem with water. But let's get back to traffic, where I live in the summer time, it triples, the population triples or quadruples in terms of people that come out here for there summer homes and they have their children coming in from colleges and things like that and the accidents that happen on North Bayview and Anchor Lane are numerous. That is without this particular development taking place. And we are talking about the impact of traffic, I think is going to be inordinate. So when you take the traffic and you take the problem of water, and then you take other environmental impacts on this particular development. I think we are going to be faced with some very, very difficult things in the future and I think Mr. Torkelson made a very compelling argument, that this place is over being developed and consequently February 25, 2003 • 6 • Zoumas Waiver we have to adhere to the moratorium that we put in place for six months and then we extended it for another six months. I think that we have got to take a little bit of a different look at that and I think that there is enough people here, somehow or another, that is what is great about this Town, I happen to love Southold. Whenever there is a real hot issue, it is standing room only. Because people right now are really angry about what is happening here with Zoumas. The young lady that spoke before me, she says all you have to do is go look at his applications. They are so numerous, this guy has got his mark on this Town and he doesn't even live here. And neither does his attorney. So, I think what we have to do is to put our brakes out on this guy and we have the moratorium for another six months, I think that we need time. I thank you for listening to me. CARL DELTTERIS: Hello, my name is Carl Deliteris and I live in the Bayview area and I have two points. One was to reiterate the point that I made when we had the meeting on the moratorium. As this gentleman who was a builder had spoke, I am the owner and operator of Carl's Custom Painting. More houses mean more work but not necessarily a better quality of life. That is one point. My other point is, I don't know if the Board, each and every one, I would like them to personally consider a safety factor. The Bayview area has two ways out. During a storm, you have no ways out. In todays times, you might all look to get out. You could have a plan in place,the North Fork and areas like this have water. Plans could be put in place. I submit to you that each and every one of you need to think to think of the safety first. When there was a storm, I believe about 10 years or so ago, Bayview was not able to leave. It didn't take that long for it to go down but we were lucky. But there are other things that could happen where you need to evacuate, whether it be Connecticut or Manhattan, I think that you need to think about it. I think it is your personal responsibility before you put more people in the Bayview area or any other area like it, that has a problem with evacuating the area, you need to think about it. People are being held responsible in Rhode Island right now. You personally could be responsible. If there is over-building and no way to leave when you need to leave, it is your job to think about that. I would ask every one, has anyone thought about that? You have? So you came up with a solution? COUNCILMAN ROMANELLI: Not as a solution, you asked if we thought about it, yes, it is an issue that is considered on the whole Bayview section. MR. DELITERAS: Okay, when somebody goes to fix a dock. It takes two years to get a permit. Mr. Zoumas puts up houses like they were cookies. I think that if you really thought of a plan, the North Fork is very unique that it does have water, there is a lot of boats here. You could seriously put a plan in effect, instead of making it incredibly difficult to put in slips and marinas and things, you might to want to make it a lot easier now because these plans are something that you could consider. It is part of home security, it is part of a lot of things. I submit to you that you need to consider the safety factors. The Bayview area is unique. It gets cut off easily. I thank you. ED SCHWINN: Good evening, my name is Ed Schwinn. I live in Southold. If I may read a letter and I thank the Board first of all for giving us this hearing and this opportunity. My wife and I reside year round at 5425 North Bayview Road and have been there for 17 years. We have been on the North Fork for the last 44 years. Not long ago, we attended a Board meeting, August 15, 2002, were a six month moratorium was enacted to curtail any further subdivisions. I understand it was re-instituted on February 15, 2003 for another six months. Why then is the Board even considering a waiver on the moratorium? I believe that the purpose of the hearing is to provide all of the affected property owners February 25, 2003 • 7 • Zoumas Waiver an opportunity to voice their feelings, opinions and possibly their objections to the subject being brought up at the hearing. It is a well known fact that a great many of our families in the Bayview area, perhaps more than half, go south for a good portion of the winter. Especially this winter, February is known to be a get away vacation month as well. My wife and I, and I am sure many, many other families feel that a moratorium is a moratorium and a waiver should not even be considered. Especially at a time when so many of the affected cannot be present to participate. We still have all these very serious concerns, first presented six months ago which I believe helped persuade the Board to institute the moratorium. Namely, the effect of the multiple homes and families on the water table, its purity, its availability, the seepage of sewage as well as pesticides into it. 2. The increase of traffic on our very busy streets and narrow roads. 3. Increase the loads on public school systems. 4. The flora and fauna of the breeding sanctuary being destroyed. 5. The water runoff into the nearby Goose Creek. We ask the Board, please, do not grant this waiver, it might very well encourage other developers to copycat. Thank you for your patience and understanding. JOHN DAMICO: John Damico, I live in the Bayview area. I would like Mr. Zoumas to tell us what benefit are we going to derive from these 22 homes that he wants to put up. I don't think he should be allowed to put any homes up. I am just going to reiterate what everybody else has said. I would like to know what benefit we are going to derive from these 22 homes? The community and the Town of Southold itself. Thank-you. FLORENCE EVANS: My name is Florence Evans and I live in Harborlights. I just want the records to be corrected of Mr. Zoumas, that the houses that are in existence in the other four phases in Harborlights were built on '/4 acre, %2 acre or 1 acre. That is not so. I was treasurer of the association for seven years. I know every owner that built on every piece of property up to this point. They was never a house built on a '/4 acres. Don't bring us down to that level or make us feel that now we have two acre building, this is wonderful. Anything else has been covered by everyone else. But I feel very strongly that there should not be a waiver given to Mr. Zoumas to build, as Mr. Wickham says, monster houses. Thank-you. JOHN ABEL: My name is John Abel, I live on Windjammer Drive in Harborlights section. I would urge the Board to reject this request for a waiver as soon as possible. It is an incredible situation to me, the developers come in from out of town, build speculative housing, they create the problem. The Town votes a moratorium to try to solve the problem and the builders come right back and say forget it, give us a go ahead. It is incredible what they do. This is not the only project that Mr. Zoumas is planning in Bayview, there is one across the street on the North Bayview and North Bayview Extension, that is another one that is going to be another 18 or 20 houses, there is another one planned for one by Paradise Point, he already has Angel Shores by the General Wayne Inn where I would guess 20 to 25 houses now. If you want to see the future of Southold, that is it. I think that we have to keep open space in the Town of Southold and I think that this particular parcel of 48 acres is a good place to start. If you look at the map of Southold out in the hall there, it is out of date, there are a lot of open space on it, most of those open spaces are gone now. Angel Shores is gone, Jacobs Lane is gone, Mr. Zoumas wants to take the rest of it off the map also and I say enough is enough and I think that we have to stop. Certainly we have to consider the environmental impact, the whole reason, just before the moratorium was imposed, we were going to have an environmental review of the entire Hog Neck Peninsula, the Bayview peninsula. Obviously, if this waiver is granted, Mr. Zoumas can go ahead and build even without this environmental impact study. It is late, it is late in the day but I think that the February 25, 2003 • 8 • Zoumas Waiver Town has to do everything it can to maintain open space. There are other ways to treat this property. You can do a conservation subdivision, leave most of the space open and just have five or six houses on the land and I am sure that Mr. Zoumas would still make money on it. Thank-you. MELANIE NORDEN: Melanie Norden, Greenport. This is just an observation. I must say that I am in listening to this, totally appalled by the arrogance of both the developer and his legal representative, in thinking that making a presentation to this Board, which is a very honorable Board, that the developer thinks that we can make a deal. If two acre zoning doesn't work, we will just change that to five acres and oh, by the way, our five acres is only on the table for 15 days so you had better grant the waiver, or else. I mean, who would talk to a respectable, elected Board in the Town of Southold like that. Who has that level of arrogance, so on behalf of the Board of the Town of Southold, I think an apology should be in order. JOAN TYRER: Joan Tyrer, I have lived in Bayview for about 45 years and I don't know if it makes a difference the way that you are thinking but that whole property, Meadow Points property, is what that whole Harborlights area was called and it was farmed. I don't know who else, except me, how many older people are around who remember it but it was farmed. Captain Alexiades was a Greek shipping captain who bought the big white house down there and farmed that property for a couple of years. It wasn't successful and he sold it to Reese. But if it matters in your scheme of how to preserve the property,we will dig up some more proof. LARRY WALSER: My name is Larry Walser and I live on the Bayview area also. I have to agree totally with all those who have stood up and spoken out but specifically I want to comment that Mr. Yaffe has met the burden of proof to put aside the moratorium. His comments about the delay are really irrelevant in terms of time and investment since I don't believe that it is the Board's jurisdiction to decide that investors make money on their initial investment. Secondly, as other people have alluded to, there is a large area of open space, which most have considered rural, that there are environmental issues, there are transportation issues that have been discussed and the water issues are obviously a major concern. I am not sure that he or any other developer will be able to guarantee that their land use will not adversely affect the water presently in that area. Furthermore, those people that have spoken now hopefully will return when the moratorium is complete because their issues and the issues of the other developers will continue to go on. But specifically, I do not think that Mr. Yaffe has made a strong, compelling argument to allow an exception in this case. Thank you. JOHN KENDALL: Thank-you, my name is John Kendall from Goose Creek Lane, I am up in that same North Bayview area. I feel that the single and separate lots that you have within the Town here which will probably go forth for building construction, small sites, would by themselves, impact this Town drastically. Because you can figure that you would have five occupants per house, possibly more and that means that you would have a tremendous traffic problem and of course, your fire department is larger, your police department is larger, your schools have to be improved to take care of these extra people and all of your facilities are going to be impacted and the cost will rise. Over in that particular area, or in the Goose Creek area, you find that there are people there that have 15-foot wells. They don't go down any further because they are right near the shore and sewage seepage could go in and do quite a bit of harm and cause a lot of unhappiness. I think that this Town is just as big as it should be and I am regretful that it is as big as it is and there a lot of people that are out here that are not angry, they are scared. To see this thing go any further, to see any large development of any nature February 25, 2003 • 9 • Zoumas Waiver go forth is to see all of the rural aspect of this Town slowly diminishing until such a time occurs, maybe 10-15 years down the road when you are going to be looking at a Middle Island all over again. And you are going to be looking at probably a lot more problems in the Town as regards safety and vandalism and etc. etc. Things are going to change. I don't see us going forth with any developments in the future. I wish that you would deny this gentleman his request. And while we are in a moratorium and to grant any exceptions to the fact seem to be counterproductive to me. So, thank-you. JAMES SPEES: My name is James Spees, I am a resident of Harborlights and also the President of Harborlights homeowners association. Not to repeat the sentiments that have been expressed by my neighbors so far, I think I speak for all the residents in my association when I say that we are generally opposed to any waiver of the moratorium on this issue. It is a lot to be considered, there is a lot to be considered and I think the Town Board would be well served by using the additional time period to consider those issues. Just to set the record straight, however, this application is sometimes characterized as being Harborlights 5. This developer has no connection with Harborlights association. Harborlights was a development that was done by the various members of the Reese family in four separate stages, we own our own beach, we own our own park areas, we own some of our own roads and I think the attempt to characterize this application as Harborlights 5 is an attempt by the developer to try to bootstrap or ride the coattails of the existing Haraborlights community. I was involved in the acquisition of the private roadways by the homeowners association, I was also involved in the negotiations which basically denied the developer access to those roadways for the purpose of developing that property which is now the subject of this application. We have no connection with this developer and in essence, we object to this subdivision being called Harborlights 5 as a member or part of the existing Harborlights subdivision. Thank-you. SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing? (No response)Do the Board members have anything to add? COUNCILMAN MOORE: The Town Attorney has recommended no decision on this. SUPERVISOR HORTON: While we are still in the public hearing, I will convey to the public that is here that it has been the advice of our legal counsel to do a proper determination on this which will include legal findings and incorporate all of the input that was given here tonight by the public in issuing a final determination on this. We have a work session March 4 at which we will discuss this and the next scheduled is March 11 at which point we will hold a vote on the determination of this waiver. I appreciate your input on this, it will be incorporated into the record and for the entire Town Board to review, so thank you for all that you have contributed to this this evening. We will close this public hearing. 4tza�beth av le Southold Town Clerk Svr�� SOUTHOLD TOWN BOARD rn � PUBLIC HEARING February 25, 2003 8:00 P.M. HEARING ON APPLICATION REOUESTING A WAIVER FROM THE PROVISIONS OF THE _LOCAL LAW ENTITLED "TEMPORARY MORATORIUM ON THE PROCESSING, REVIEW OF, AND MAKING DECISIONS ON THE APPLICATIONS FOR MAJOR AND MINOR SUBDIVISIONS AND SPECIAL USE PERMITS AND SITE PLANS CONTAINING DWELLING UNIT(S) IN THE TOWN OF SOUTHOLD" FOR THE MINOR SUBDIVIDION OF EDGAR AND ARLENE MARVIN,SCTM#1000-117-10-09. Present: Supervisor Joshua Y. Horton Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Absent: Justice Louisa P. Evans Councilman Thomas H. Wickham COUNCILMAN MOORE: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets 8:00 p.m., February 25, 2003 at Southold Town Hall, 53095 Main Road, Southold,New York, for a public hearing on the application requesting a waiver from the provisions of the Local Law entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Maior and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling unit(s) in the Town of Southold" for the minor subdivision of Edgar and Arlene Marvin, located on the south side of Jackson Street,431.57' west of Fifth Street, New Suffolk, and identified by SCTM # 1000-117-10-09. I have proof this is posted on the Town Clerk's bulletin board and that it was published in the official paper in the Town. There is one piece of correspondence, of which copies have been given to the Town Board regarding the moratorium, on the waiver request. SUPERVISOR HORTON: I will open the floor to members of the public that would care to address the Town Board on this specific public hearing. Would anybody care to address the Town Board? VALERIE MARVIN, ATTORNEY REPRESENTING THE APPLICANT: Valerie Marvin, I am here to represent the applicants and I am really here to take any questions or concerns. I re-read my letter and I think that I set forth clearly everything that I feel justifies a waiver in this case and if the Board doesn't have any questions for me, I will just again touch on a couple of important points that I feel the Board should consider in this application. Okay? I just want to point out that the draft approval on February 25, 2003 2 • Marvin Waiver this subdivision was granted in 1999. Immediate application was made to the Health Department, we went through a series of problems with the Health Department with regard to water, there initially wasn't any public water and there was going to be well water. Then public water looked like it was going to become available in New Suffolk, so we went over to public water. Then they said it was only going to be limited public water, it was bandied back and forth and back and forth until finally we were promised public water and then denied public water because they instituted their own moratorium. So, it has been 4 years since this application was made to the Health Department and it was by no fault of anyone here in the Town or even anyone who was involved in this process other than the problem with the water. The DEC granted approval, we got a permit from the DEC in 2001 and we have really just been waiting since then for the Health Department and the satisfaction of the water issue. Once that happened, we got Health Department approval in November of 2002, and we were in the middle of the moratorium here. The process because of all the problems and the repeated, new surveys had to be drawn each time, this cost tens of thousands of dollars. I think that this application is certainly outside of the considerations that are being undergone with respect to this moratorium. It is an R-40 district. Looking at any of the properties immediately adjacent to this property, 99% of them are already the size that we are looking to have on this property and most of them have guest houses or garages with apartments above, there is nothing here that is being asked to be done that is that is not already done on almost every property adjacent to this property and up and down the street. There will be, it has public water, it is not agricultural land, this is not an issue of open and recreational space, this is not hamlet business. And I just wanted to say again, as I said in the letter, the applicant has watched his 80th birthday come and go. This is something, he just wants a writing studio, a place for his family to stay when they are in town and the continued wait on this would cause extreme hardships on these applicants. Thank-you. SUPERVISOR HORTON: Would anyone else care to address the Town Board on this specific public hearing? (No response) Do members of the Board have any comment that they might like to add? (No response). We will close this public hearing. Eliza�NeV1lle Southold Town Clerk Supervisor J. Horton Feb.21 2003 /97-r Town Southold New York Dear Supervisor Horton: Greetings, As a citizen of the town of Southold I am asking you to consider your commitment to keep our town from being overbuilt. You have a moratorium to stop building on Hogs Neck.Please do not grant any more permits until the study is complete. I understand that Zoumus builders wants you to break the moratorium and grant a permit to build on ships Lane. If you do this you are opening the way for others to do the same. Then why have a moratorium it defeats the purpose for which it was intended. Many people have moved here to enjoy the rural environment.With your help we can still keep it that way. , Very truly yoursEe Heacok 3515 Cedar Beach Rd Southold. DE E D Southold Toe$ plannin Board sV ,:�2,' Tr JOHN J .VOGT 5785 N.BAYVIEW ROAD SOUTHOLD,N.Y. 11971 MR.JOSHUA Y. HORTON SUPERVISOR SOUTHOLD TOWN HALL 53095 MAIN ROAD (ROUTE 25 ) SOUTHOLD,N.Y. 11971-0959 . DEAR MR.HORTON, WE NOTICED IN THE FEBRUARY 13 , 2003 ISSUE OF TRAVELER WATCHMAN A LEGAL NOTICE(PAGE24A) REGARDING "ZOUMAS CONTRACTING, INC . " REQUESTING A WAIVER IN THE TOWN ' S MORATORIUM TO BUILD 22 HOUSES ON 48 ACRES ( SCTM 1000-79-4-17 . 14 AND 17 . 17 KNOWN AS "HARBOR — LIGHTS SECTION 5) . . . "ZOUMAS IS PRESENTLY BUILDING SEVERAL HOUSES IN THE AREA NEAR SOUTHOLD' S ELEMEI4T8AY SCHOOL, SO IT ' S NOT LIKE THE COMPANY IS OUT OF WORK . " WE LIVE IN THE NORTH BAYVIEW AREA AND HAVE A PERSONAL INTEREST IN THIS REQUEST FOR A WAIVER AND EQUALLY CONCERN ABOUT THE TOWN ' S GENUINE INTEREST IN FURTHER NEW DEVELOPMENTS WHILE THIS MORATOHTUM IS STILL IN PLACE AND UNTIL A COMPLETE REVIEW AND ANALYSIS IS COMPLETED. OUR BASIC CONCERN RELATES TO ADEQUATE FRESH WATER TO SERVICE THE AREA. (OUR SHALLOW WELL RAN OUT OF WATER ONCE IN THE SIX YEARS WE HAVE LIVED HERE THAT REQUIRED A NEW ONE TO BE INSTALLED. ) MOREOVER,WE UNDERSTAND THE SUFFOLK COUNTY WATER AUTHORITY QUESTIONS WHETHER IT CAN SUPPLY ADDITIONAL FRESH WATER TO OUR TOWN—IN—GENERAL. IN CONCLUSION,WE WOULD APPRECIATE SPECIAL CONSIDERATION NOT TO WAIVE THIS IMPORTANT MORATORIUM,ESPECIALLY UNTIL THE CODE ETC. CAN BE FULLY EVALUATED. .A PREMATURE DECISION COULD HAVE AN ADVERSE AND LASTING EFFECT ON THE FRESH WATER SUPPLY. .THANK YOU. . VERY TRULY YOURS , JOHN J.VOGT. CC:MR .BENNETT OSLOWSKI , JR CHAIRMAN OF THE SOUTHOLD PLANNING BOARD. pECE n fovf�, ?own ' P soar RE: 8:05 .m. 2/25J&3 Public Hearin C� - �. Q ��rr` r�(a�c�e� rJ t2i soLa-rte • WSJ 7, 1 7 _ ,_ Luc d tv-e6 _a6_Ms it - -=� � - I' 7LAeTD �P -- - ztaI)WU - eS7' Jv_v_0 cc -- 5 � eD --- -- Loi -- -►? u�,--,, re� T --gin- v� ' -- u�- - - - -- 1 - - RECEIVED ----- �°J 200 -- -- --- _ mzw' - -- zadlnare rows craT� -- - - -� - �`l 7� FH f H its Southold Torrw Plannin Boats I i i� a sU/-� �,V� }VlI ELIZABETH A. NEVILLE h� y� Town Hall, 53095 Main Road—, TOWN CLERK COD P.O. Box 1179 } REGISTRAR OF VITAL STATISTICS Q T Southold, New York 11971 MARRIAGE OFFICERFax (631) 765-6145 RECORDS MANAGEMENT OFFICER y�o! �� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD NOV 18 2002 To: Valerie Scopaz,Town Planner Gregory F. Yakaboski,Town Attorney ?} 'id Town From: Elizabeth A.Neville,Southold Town Clerk Re: Zoumas Home Builders request for waiver to moratorium Date: November 15,2002 Transmitted is request for waiver on moratorium with reference to Harbor Lights, Section 5 Bayview Subdivision (SCTM#1000-79-4-17.14 and 17.17) Please commence the review proceedings on this application. Thank you. cc: Supervisor& Town Board t DUMAS HOME BUILDERS P.O. BOX 361 (631) 929-4570 .WADING RIVER,N.Y. 11792. FAX(631) 929-5071 November 8, 2002 RECEIVED VIA FEDERAL EXPRESS NOV ) 5 2002 Elizabeth A. Neville, Town Clerk Town Hall Southold Town Clerk 53095 Route 25 P.0—Box 11,19 Southold, NY 11971 Re: Zownas Contracting- Bayview Subdivision (Harbor Lights Sec. 5) Request for Variance from Moratorium Dear 111.1e. ;ii'ill`: 4vitliout waiver and with furl reservation of rig'tits, pursuant to Section u of Local Law No. 3 of 2002, I write to request a variance and/or waiver of the application of this Local Law to the above-referenced property (SCTM # 1000-79-4-17.14 and 17.17). Enclosed is check# 1813 in the amount of$250.00 representing die fee for processing this application, along with three copies of the October 6, 1999 Cluster Plan for the property sliv cFng all iiiil>mveinents it -accord a-.I;with the pra,adures of di - I;1F able provisions of the Southold Town Code. I mn advised that, pursuant to Section 6(a)of ilie Local Law,in order to grant. Such a reef tlest, the To%m Bo*trd mUSt find that the variance or waiver c,711 not adversely affect:the Purpose of the local law, the health, safety or welfare of the Town, or any compre- 12. iii IIY' T:` Z.. Ili ti,_ ri I. r{i M.tt, Board shall take into account the existing land use in the imme(hat:e vicinity of the prop- er ry and ilie Iiiipact.of the vaiiaiice or waiver oii the waicr skipl)ly, agi iCiiitiii-ai lali(is, obeli and I C reat.'.,..F:l spa(:e, ...Fa G i...,...:;ter, .att...'al I'eSOii.CCS, .IYI!:.'aaSpOrtal70li IIlfl'aS11.1Ct:lre of the Town. As (1cmunstrated Herein, the approval of a nioratoliurii variance or waiver to " Elizabeth A. Neville,Town Clerk November 8, 2002 Page 2 the Bayview Subdivision is well in keeping with these considerations, and is appropriate in view of the considerable lerigtlnv delays this project has already suffered: Ftr u x e of l rk 1' r '"r.'mfidl ifil:xmaiiofi, pleuo� 1- .01. _I chat the ifFiiY:il application for subdivision approval of the property was filed with the Town on or about November 1 99y. Thereafter, we worked diligently with the Town Planner and Planning Department representatives to develop a project in keeping with existing land uses and community character in the vicinity of the property and in keeping with applicable Town Code requirements. However, progress on our project was delayed when the Town Planner left the employ of the Town and no person was brought in to fill the position for z peri rl of approximately eight months. Progress:,as also delayed fcsr approximately 18 months while the question of road access over adjoining tap roads was resolved by the Town. T hereafter, out or about Alay 13, 2002, despite the fact that it had never earlier d4 cotmruenced environmental review pursuant to the Slate Environmental Quality Review Act SCO ("SEQRA"), the Planning Department issued a positive declaration and scheduled a SEO.RA stuping session for August 15; 2002: However, just two clays before flue scoping -T-6 �t SPP session was to be held, the Town Board issued the subject moratorium on August 13, stopping any scxyin}g s''ir3n lt:Id any efivirot rf ent-M re iety frofn p o ding, and stopping any ultimate consideration and approval of the subdivision. P �i�f wr As for the issues that must be considered by the Town Board in det��ermining this variance/waiver request; please note the following: Existifig Land Ute In lmtntxjiate vjc-ifiity. The subject prig er j is surrounded by developments of single family homes on parcels which are one acre or less. By virtue of the adjacent Harbor Lights Section 3 development, there are approximately 15 hones directly bordering our property on the eastern border. By virtue of the adjacent Harbor Wits Section 4 development, there are approximately 17 Homes directly bordering our property on the northern border. By virtue of the B =ie::W--vcwie Eo...ata _e dle;'el:;piYYti nt, tl:: -n 1 'ei 34":' i11iiJXFFiiiti of a�I homes bordering our property on the sa stcrn border. Thus, our proposed &velopment,which would cuustruct no house on less that) olte acre, is certainly in keepingwith existing land uses in the itrniedi ate vicinity; Elizabeth A. Neville,Town Clerk November 8, 2002 Page 3 • Water Supply. ,';ever a] deep and shallow tests of water availability at the site has determined that there is sufficient water, • Agricultural Lands. The subject premises is a wooded area not uti- lized for airy agricultural purpose. Therefore, the granting of a vari- ance/waiver will hzve no impact on agricultural lands; • Open And Recreational Space. The subject premises is a wooded area riot utilized for any open space or recreational purpose. There- fore, the granting of a variance/waiver will have no impact on open :.,til c'._: _atr:3rral opa._e; • Rural character. As indicated, the subject premises is surrounded by single family homes on one acre lots (or less). Therefore it is in keep- ing with the character of the neighborhood in which it is located, and does riot irnpinge upon the ntral character of other less densely devel- oped portions of the Town; • Natural Resources. The subject premises is a wooded parcel in a residential conunurrity. It has art abundant water supply,and it is riot utilized for extraction or development of any natural resources; • Transportation Infrastructure. The increase in vehicular traffic in this area:haled ution the ruere addition of approximately 23 hoines. is not expected to be significant. We purchased this property with a reasonable business expectation of devel- oping it in keeping with the other phases of development approved by the Tow-it for the neighboring and adjacent properties. The moratorium (and the unwarranted delays :Jt b f t! lr- , ff:.:t:. lJ h-ut :(:3. : otta ! >.. .->. tl;: T ^.., xrr:l l: :ve significant.economic harm whicl'I threatens our enterprise and our employees. In light of ail iiic above, 1 respcc[fuliy rcdiresi iinat the varlancejwaiver be promptly fianied so that Elizabeth A. Neville,Town Clerk November 8 2002 Page 4 as-of-right development is placed back on track, ensuring jobs, prosperity, and growth for the people who work and live in this comnsunity. Flu j T:'uly Vf John Zoumas, President Ac c: Hamburger, Maxson, Yaffe, Wishod& Knauer, LLP(w/enclosure) Patricia C. Moore, Esq: (w/enclosure) Theresa Elkowitz (w/enclosure) Town Of Southold • P.OBox 1179 • Southold, NY 11971 * * * RECEIPT Date: 11/15/02 Receipt#: 1813 Transaction(s): Subtotal 1 Moratorium Waiver $250.00 Check#: 1813 Total Paid: $250.00 Name: Zoumas, Contracting Corp Pob 361 Wading River, NY 11792 Clerk ID: LINDAC Internal ID:64125 D f tEss POST OFFICE TO ADDRESSEEE T 3 4 2 4 Illh�� I III 1 �4I 4 6 I6 VIII III VIII I 8 U 9 U II * 4 S SM MM ds �� JaY of Delivery Flat{tate Envebpe Ten + Z EmP - nature N PO Zc � m � r /' —� uen ❑Semm ❑ Mail D ❑PM J a PosDel' Ae Time Employee signature C tage m �I a� 12Nwn ❑3R.t $ M0. ❑AM ❑PM a Tim Milliary Retum Bei Fee Deli+rery Dare TTimEmployw Employee signature � � > L1 ❑ f' ':a C 2ne Code en�� LJ are o-ev Mo. ❑AM ❑PM ...�.,. _ axS. lm'I AIPha Courmy COD Fee Insumnm Fea 9. _ _ demr.^i yY 9r No o+ A septan erk "els T@OW PostaGe&CFIe�{ ' �x`i "M CI' W e• MEr!� P r r Federal Agency Acct Na.or • Pcatel Sembe Acct Na FRI)i: e'LEr.' 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F Iaed yo .=Ihe)pw s o Rehm __.....___...__..._____.__...._.._—_........_.—__.. < W L „i_.ry W.Sa to rlutra) fPt o rr1 F m::'aNe Certified —for Aladlaldse-_....___....—._..__..___.._.___.........__........._.._._. a ery ft n. — Recorded D5 me6an c c.n rn - Cn Delivery SI�W2 customerNana antl Address ZE N F Finn Bill _Canfirtrefim .. � — 0- - Arta r quinr 'ayment Amount Due ❑Pr a e]o. = COD L Customs_ S ❑ F :^ Not .c: Article will Delivered By and Date b ozone; sender on PS F)1 384:), November 1999 Dellvery Notica Reminde.rMarratm PLANNING BOARD MEMBERS gUFF04 O� CO BENNETT ORLOWSKI,JR. �� G,y P.O. Box 1179 Chairman C Town Hall, 53095 State Route 25 W Z Southold, New York 11971-0959 RICHARD CAGGLANO 0 Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS y?j�! ��0�' Fax(631) 765-3136 MARTIN SIDOR,JR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 20, 2002 Patricia Moore, Esq. 51020 Main Road Cutchogue,NY 11935 Re: Town of Southold Moratorium Major and Minor Subdivisions Minor Subdivision of Southview Custom Homes SCTM# 1000-78-5-4, 7, 8,9& 10. Minor Subdivision of Ralph Pugliese Street SCTM# 1000-97-1-12.6, 12.7& 12.9 Major Subdivision of Zoumas at Bayview SCTM# 1000-79-4-17.17 Dear Ms. Moore: As you are the agent for the above applications please be advised that a Local Law was adopted at the regular meeting of the Southold Town Board on August 13, 2002 entitled "Local Law to a Temporary Moratorium on Processing,Review of, and making decisions on applications for Major Subdivisions,Minor Subdivisions and Special Use Permits containing Dwelling Units in the Town of Southold". The Local Law Number 3. 2002 is attached. The Local Law states that the Planning Board Office "shall not accept,review continue review, hold hearing or make any decision upon any application for a subdivision,whether that subdivision application was submitted prior to or after the effective date of this law"for a duration of six months beginning August 13, 2002. The above applications are covered by the moratorium. If you have any questions please do not hesitate to contact my office at 631-765- 1938. Sincerely, ^\ le Or o ti r. Chairman Enc. Cc: Joshua Y. Horton, Supervisor Town Board Planning Board Greg Yakaboski,Town Attomey Kathleen Murphy,Assistant Town Attorney PLANNING BOARD MEMBER �pSUFFO�,�c BENNETT ORLOWSKI,JR. =O OGy P.O. Box 1179 Chairman G .� Town Hall, 53095 State Route 25 WILLIAM J.CREMERS y 2 Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. y Fax (631) 765-3136 RICHARD CP:GGIANO 76l * I PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Section 617.8 of the State Environmental Quality Review Act, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 15th day of August, 2002 on the question of the following: 3:00 P.M. Scoping Session for the preparation of a Generic Environmental Impact Statement for the Hog Neck Peninsula. The geographic boundaries of the study encompass all waterbodies and lands located to the south and east of Goose Creek and Elizabeth Lane and east of Corey Creek in Southold, Town of Southold, County of Suffolk, State of New York. 4:00 P.M. Scoping Session for the preparation of an Environmental Impact Statement for the proposed minor subdivision of John & Rose Milazzo. The property is located on Pipes Creek & bordered on the north by the LIRR track in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-53-1-9 Draft Scopes are available on the Town of Southold's Web Site (www.northfork.net/southold) and the Planning Board Office. Dated: 8/5/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ON THURSDAY, AUGUST 8, 2002 AND AUGUST 15, 2002 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU COPIES SENT TO: Suffolk Times 0 0 FROM S0U*IHELD TOWN FLFI INO WrRD Fw NO. 631 765 3136 P q. 05 2002 10;43M Pi P.O. Bok 117 53095 Route i Southold.NY ' 1971 Phone: (831) 161938 Fax: (631)76 : 3136 E-Mail: plannl 1(Lt,,e,outhold.org Fax 7b: The Si olk'rimes From Valerie Saopaz/cam Fare Pages: 2 PbW oats: 8/5/02 Rei Legal ' far W=2&8115/02 M. Editior UMCM •Review Flews Comment Please Reply As koquestod Please print tl •foli)wing legal ads in the 8/8102 &8/15102 editions.Thanks. Scoping Sew , mss, 3:00 p.m. Fk s Nl(zk Area 4:00 p.m. Mi ao Minor Subdivlslon Kndiy ackn rledge receipt by sigrong below and faxing cover letter back. Received by L, / L% Date- TO 39Vd MMA3e S3WIl :.0011 /90:80 r PLANNING BOARD MEMBERS ��0 C� BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman C y� Town Hall, 53095 State Route 25 WILLIAM J. CREMERS N Z Southold, New York 11971-0959 W KENNETH L.EDWARDS O Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO ! `fLv PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Section 617.8 of the State Environmental Quality Review Act, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 15th day of August, 2002 on the question of the following: 3:00 P.M. Scoping Session for the preparation of a Generic Environmental Impact Statement for the Hog Neck Peninsula. The geographic boundaries of the study encompass all waterbodies and lands located to the south and east of Goose Creek and Elizabeth Lane and east of Corey Creek in Southold, Town of Southold, County of Suffolk, State of New York. 4:00 P.M. Scoping Session for the preparation of an Environmental Impact Statement for the proposed minor subdivision of John & Rose Milazzo. The property is located on Pipes Creek & bordered on the north by the LIRR track in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-53-1-9 Draft Scopes are available on the Town of Southold's Web Site (www.northfork.net/southold) and the Planning Board Office. Dated: 8/5/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 6th day of August, 2002 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 8/15/02 Scoping Sessions: 3:00 p.m. Scoping Session for the Hogs Neck Area, Southold 4:00 p.m. Scoping Session for the proposed Minor Subdivision of John & Rose Milazzo SCTM#1000-53-1-9 Carol Kahn Secretary, Southold Town Planning Board Sworn to before me this day of 2002. otary Public JOYCE M.WILKINS Notary Public,State of New York No.4952246,Suffolk County Term Expires June 112, ,-L003 PLANNING BOARD MEMBER SpFFO(.tc BENNETT ORLOWSKI,JR. =moo �Gy P.O. Box 1179 Chairman 6 Town Hall, 53095 State Route 25 WILLIAM J.CREMERS y Z Southold, New York 11971-0959 KENNETH L.EDWARDS O yC Telephone(631) 765-1938 �R�T1FF1�I�AA�FIyldv�dR- 'f�O ��t` Fax(631) 765-3136 RICHARD CAGGIANO 1 MARTIN SIDOR, JR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Coordinating Agencies From: The Planning Board Date: August 5, 2002 a� Re: Hog's Neck Peninsula Generic Environmental Impact Statement Please find the attached passed resolution and draft scope for the above referenced project for your perusal and comment. A scoping session is set for August 15, 2002 at 3:00 pm at the Southold Town Hall Meeting Room, 53095 Main Road, Southold. If you have any questions please do not hesitate to call our staff at(631)-765-1938. Enc. Cc: Joshua T. Horton, Supervisor Town of Southold Town Board Greg Yakaboski, Town Attorney Town of Southold Board of Trustees,/ Scott Hilary, Southold Conservation Advisory Committee./ Melissa Spiro, Land Preservation Coordinator.-' Jamie Richter, Town Engineer,/ Pete Hams, Highway Superintendent,/ Suffolk County Department of Health Services Suffolk County Department ofPlanning„- Suffolk County Water Authority- New York State Department of Environmental Conservation, Stony Brook✓ New York State Department of Environmental Conservation,Albany,/ Marian Sumner, Applicant Agent,, Charles Cuddy, Esq., Applicant Agent- Patricia Moore, Esq. Applicant Agent, Richard Lark, Esq. Applicant Agent Cathy Mesiano, Applicant Agent Betsey Dickerson, Applicant✓ Chic Voorhis,Nelson, Pope &Voorhis, LLC✓ To: Town Board of the Town of Southold From: The Town of Southold Planning Board Date: June 25, 2002 Re: HOG NECK PENINSULA SEQRA COORDINATION, INTENT TO ASSUME LEAD AGENCY INTENT TO REQUIRE A GENERIC ENVIRONMENTAL IMPACT STATEMENT The following resolutions were passed during the June 24, 2002 Special Meeting. WHEREAS, the Town of Southold Planning Board has received a large number of subdivision applications on the Hog Neck Peninsula within recent months, and these applications are simultaneously pending review and decision by the Planning Board, and WHEREAS, these projects are interrelated to the extent that one project on its own may not overtax environmental resources; however, the combined effect of development may result in adverse environmental impacts, thus indicating the potential for cumulative impacts, and WHEREAS, the Planning Board recognizes that while there is zoning as a guiding land use development control, that the combination of subdivisions currently proposed, and the potential for further subdivision pursuant to current zoning, may in fact exceed the resource carrying capacity of the peninsula due to it's unique geographic, environmental and planning considerations, and as a result may result in significant adverse environmental impacts, and WHEREAS, the Planning Board is familiar with the State Environmental Quality Review Act (SEQRA) and the Board's responsibilities as the stewards of land use under the Zoning Code to consider the environmental consequences of land use decision making, and further that SEQRA Part 617.10 indicates that a generic EIS may be used to assess the environmental impacts of: • Hog Neck Peninsula • SEQRA Resolution (1) a number of separate actions in a given geographic area which, if considered singly, may have minor impacts, but if considered together may have significant impacts; or (2) a sequence of actions, contemplated by a single agency or individual; or (3) separate actions having generic or common impacts; or (4) an entire program or plan having wide application or restricting the range of future alternative policies or projects, including new or significant changes to existing land use plans, development plans, zoning regulations or agency comprehensive management plans the Planning Board finds that many if not all of these criteria exist with respect to Hog Neck, and WHEREAS, more specifically, the Planning Board finds that, the pending applications represent consideration of a number of separate actions in a limited resource area; that the approval of these actions represents a sequence of actions which may have a significant impact; that these separate actions have generic or common impacts; and that the approval of piecemeal subdivision of land on the Hog Neck peninsula may foreclose the possibility of alternative conservation land use, coordination of resource protection, and may in fact cumulatively overtax the environmental resources associated with Hog Neck, and WHEREAS, the Town of Southold has a Master Plan and a series of studies, planning initiatives and a record of decisions which establish the Comprehensive Plan of the Town; specific studies which establish the planning framework of the Town of Southold are identified below: • Land Use and Groundwater Quality in the Pine Barrens of Southampton (Cornell, 1983) • Southold Demonstration Project (Cornell, 1983) • Town Master Plan Update (1985) • Long Island Comprehensive Special Groundwater Protection Area Plan (1992) • Southold Town Stewardship Task Force Study (1994) • Agricultural and Farmland Protection Plan (1996) • Long Island Sound Coastal Management Program (1999) • Town of Southold Draft Local Waterfront Revitalization Program (1999) • County Route 48 Corridor Land Use Study (1999) • Farm and Farmland Protection Strategy (1999) • Town Water Supply Management &Watershed Protection Strategy (2000) • Town of Southold Local Waterfront Revitalization Program (2001) the Planning Board is aware of these studies, and coupled with the zoning map and Zoning Code of the Town of Southold, seeks to maintain orderly development within the purview of the Board's functions, and 2 • Hog Neck Peninsula • SEQRA Resolution WHEREAS, the Planning Board is aware of an overriding set of goals and desires represented by four (4) themes which are embodied in land use documents and regulations and the Comprehensive Plan of the Town, specifically noted as follows: (1) The preservation of farmland and agriculture, (2) The preservation of open and recreational space, (3) The preservation of the rural, cultural, commercial and historical character of the hamlets and surrounding communities, and (4) The preservation of the natural environment. the Planning Board finds that responsible land use decision making must consider these themes, and WHEREAS, the potential for simultaneous development of the current pending applications, and the potential for further development of vacant lands on the Hog Neck peninsula, poses a significant adverse environmental effect upon the resources of Hog Neck, and further may result in a conflict with the four (4) themes that establish the goals and desires of the Town of Southold in terms of the Comprehensive Plan, and WHEREAS, the Hog Neck Peninsula is a unique land mass comprised of approximately 2 '/z square miles, that has limited resources, and is independent in many ways from the main body of Southold Town, and WHEREAS, Hog Neck has only two points of access resulting in concern over emergency access as well as the general capacity of the roads to sustain combined development pressure of the pending projects as well as further development of other vacant lands, and WHEREAS, Hog Neck is surrounded by water and constrained with respect to access, and as a result, emergency service response, evacuation, flood zone management, and other service and community protection aspects associated with extensive development of Hog Neck warrant consideration, and WHEREAS, Hog Neck is adjacent to the Peconic Estuary Reserve, and land use and development must be carefully considered with respect to potential impacts on the Peconic Estuary, and WHEREAS, Hog Neck is surrounded by tidal waters and tidal wetlands, and has a number of interior tidal creeks including Goose Creek, Corey Creek and Cedar Beach Creek, comprising vast areas of marine waters and tidal marsh/wetlands, which are productive ecological resources with significant environmental benefit in terms of habitat, food production, stormwater and flood control, with the 3 0 Hog Neck Peninsula SEQRA Resolution recognition that these resources and adjacent protective buffers should be protected, and WHEREAS, Hog Neck includes as many as twelve (12) interior State designated freshwater wetland systems (which are grouped and comprised of more than one feature in many cases), and that these systems provide habitat, water resource benefit, and potential inter-linkages in terms of species migration and support, with recognition that stresses to these resources could result in adverse environmental impacts, and WHEREAS, Hog Neck is an independent groundwater reservoir, which is subject to salt water intrusion, encroachment of the salt water interface, and depletion for water supply, as well as impact from groundwater discharge, which may result from over-intensified development, and WHEREAS, Hog Neck, due to freshwater and tidal wetlands, as well as open space and upland habitats, is a haven for wildlife resources which depend on the natural environment and expanses of natural resources associated with the peninsula, and that intensified use may result in impacts to these ecological resources, and WHEREAS, Hog Neck includes rural, open space, agricultural and natural resource qualities, as well as cultural resources; these are resources which are embraced by the Town under the Comprehensive Plan and further are resources which may be adversely affected by over-intensification of development, and WHEREAS, as a result of the traffic, water resource, ecological, open space and cultural resources associated with the overall peninsula, and the potential impacts thereto, the Planning Board finds that consideration of individual projects without interrelated review would be contrary to SEQRA, and WHEREAS, the Planning Board of the Town of Southold in view of the information available with respect to the Hog Neck peninsula, and the pending projects as well as developable land, finds it would be irresponsible to review the current applications in a piecemeal fashion, and that this would essentially result in a segmented review of a series of actions that are expected to result in cumulative and generic impacts, and WHEREAS, the Planning Board has conducted a coordinated review with involved agencies of individual actions including both Type I and Unlisted actions, and has assumed lead agency as a result of their role in the review and approval of subdivision applications, and WHEREAS, the Planning Board has authority to use planned residential development (cluster) provisions with respect to protection of sensitive environmental resources, and further routinely uses conservation subdivision, purchase of 4 • Hog Neck Peninsula • SEQRA Resolution development rights, and other land use, environmental and zoning techniques to analyze, mitigate and reduce impacts consistent with the Town Comprehensive Plan and in compliance with SEQRA, and WHEREAS, such techniques are available with respect to Hog Neck; however, piecemeal review of applications does not allow for the effective use of such techniques to adequately protect sensitive environmental resources. NOW THEREFORE BE IT RESOLVED, that the Town of Southold Planning Board hereby issues this resolution as a mechanism for coordinated review with involved agencies with respect to the combined actions and resultant development pressure on the Hog Neck peninsula, and that this resolution and the background set forth shall be used in lieu of an Environmental Assessment Form given the detailed account of the environmental sensitivity of Hog Neck identified herein, the geographic area involved and the multitude of pending applications, and BE IT FURTHER RESOLVED THAT, the Planning Board, after a period of thirty (30) days intends to assume lead agency status with respect to pending subdivision review of applications, and BE IT FURTHER RESOLVED, that the Planning Board finds that a Generic Environmental Impact Statement (GEIS) is appropriate and intends to issue the appropriate determination to require such document for the Hog Neck peninsula, considering the current pending applications which are expected to result in cumulative and generic impacts, and BE IT FURTHER RESOLVED, that the Planning Board authorizes the secretary to the Board to file this notice with the following parties: New York State Department of Environmental Conservation, Albany New York State Department of Environmental Conservation, Stony Brook Suffolk County Department of Health Services, Riverhead Town Board of the Town of Southold Town of Southold Trustees Ms. Betsey Dickerson, Applicant Patricia Moore, Esq., Applicant Agent Abigail Wickham, Esq., Applicant Agent Richard Lark, Esq., Applicant Agent Cathy Mesiano, Expeditor, Applicant Agent 5 • • Hogs Neck Peninsula Draft Generic EIS Town of Southold DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT HOGS NECK PENINSULA A) DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT(GEIS) This study will be consistent with SEQRA guidance for a GEIS, and will include the entire Hogs Neck Peninsula. The study will utilize GIS wherever possible. Shape files will be obtained from the Town of Southold under a sub-license agreement with the Town and County, for use in evaluating and mapping environmental resources,planning and zoning data, and build-out analysis. An analysis of vacant subdividable lands will be conducted as a basis for impact analysis. The build-out analysis will be used to determine demographic, fiscal, groundwater, trip generation, and other density- derived changes in the current environment which would be anticipated. Assumptions will be made regarding natural areas and open space, fertilized areas, other landscaping, and general site development. A full groundwater impact analysis will be prepared, and the peninsula will be modeled for nitrogen load and water budget. Water quality data will be obtained and discussed with SCDHS, and water availability will be assessed in terms of yield and population. Tidal and freshwater wetlands will be mapped and a full ecological impact analysis will be prepared. Flood prone areas will be mapped and access considered. A traffic impact analysis will be conducted based on the build-out scenario. Ideally, four (4) Automatic Traffic Recorders (ATR)would be installed to monitor trips and key locations before,during and after the Memorial Day Weekend. Four (4) key intersections would also be studied, and access constraints, congestion, level of service and traffic mitigation findings documented. Other environmental resources and potential impacts will be analyzed based on the SEQRA outline included below. Mitigation measures, potential open space acquisitions, linkages, constraints and limitations, development standards, etc. will be documented to assist in ensuring that the carrying capacity of the peninsula is not exceeded. The consultant will work closely with the Town to coordinate efforts and will meet with Planning Staff to discuss results and mitigation. The following outline provides a further framework for the DGEIS. 1.0 DESCRIPTION OF THE PROPOSED ACTION 1.1 Project Purpose,Need and Benefits 1.1.1 Background and History 1.1.2 Public Need and Municipality Objectives 1.1.3 Benefits of the Project 1.2. Location Geographic boundaries Districts or Lands Affected Establish study area and specific parcels for which detailed information is available Page 1 of 5 • • Hogs Neck Peninsula Draft Generic EIS 1.3 Project Description Describe any site specific conceptual proposals that the Town is aware of, as well as study area land use recommendations as hypothetical land use proposals, to form a basis for impact analysis relating to a proposed project. Describe in detail the current zoning, pending projects, comprehensive plan and management strategies, and determine a build- out density based on current zoning for project evaluation. 1.4 Schedule, Construction,Operation Provide any pertinent insight into the schedule for implementation of the land use initiatives, as well as the schedule for construction and operation of any known land use projects on site specific parcels. 1.5 Approvals Describe any approvals necessary to implement the proposed land use initiatives of the study, as well as subsequent agency decisions which would be needed for any known specific land use projects. 2.0 ENVIRONMENTAL SETTING 2.1 Geology - Provide a description of the study area geologic environment. Describe the importance of the resource and the protection of same. Obtain information from the Suffolk County Soil Survey and regional mapping. 2.1.1 Surface Soils - Suffolk County Soil Survey soil associations 2.1.2 Topography—describe based on USGS or regional mapping resources, as well as site specific information as available. Provide slope analysis of study area utilizing digital elevation models. 2.2 Water Resources-Provide a characterization of the water resource environment in Hogs Neck. Describe the importance of the resource and the protection of same. Obtain information from SCDHS, Town GIS,208 Study,Comprehensive Plan, etc. 2.2.1 Groundwater — recharge areas, watersheds, general water quality, water supply; depth to groundwater, direction of groundwater flow, etc. 2.2.2 Surface Water and Drainage — significant surface water features and drainage characteristics. 2.3 Ecological Resources - Provide a characterization of the ecological environment of the study area. Describe the importance of the resource and the protection of same. Obtain information from Town GEIS's, Open Space and Natural Resource Inventories as well as site specific field inventories,aerial photography and site habitat mapping. 2.3.1 Vegetation—describe habitats on undeveloped parcels of study area. 2.3.2 Wildlife—describe unique species(threatened, endangered, special concern) and abundance of common species in habitats of affected lands. 2.3.3 Unique Habitats, Species, etc. — consult Town/State wetlands maps to identify wetlands on or in proximity to the site; contact NYS Natural Heritage Program for any unique habitats, floral or fauna species. Evaluate any species' biological needs and suitability of site to accommodate species. 2.4 Transportation—describe major highways, access to lands, local roads and overview of infrastructure. Summarize Traffic Impact Study(see separate scope). 2.5 Land Use and Zoning 2.5.1 Land Use — describe and map existing land use patterns in the study area. Use aerial photographs to document surrounding land use categories as well as surrounding area; establish land use categories and use Town GIS. 2.5.2 Zoning — describe and map existing zoning of lands in study area using Town GIS. Page 2 of 5 • • Hogs Neck Peninsula Draft Generic EIS 2.5.3 Special Districts—describe and map special districts, if any. 2.5.4 Land Use Plans -Review available land use plans including Existing Town Zoning, Special Districts, and relevant regional land use plans and regulations including the 208 Study, and Article 6 of the Suffolk County Sanitary Code. 2.6 Community Services - discuss and map school districts, and discuss other community services and infrastructure within the study area, including police, fire, solid waste, and utilities. 2.7 Cultural Resources 2.7.1 Visual Resources—discuss visual resources of study area, existing site character and open space. 2.7.2 Cultural Resources — Describe Cultural Resources Assessment (CRA) including archival search, historic maps, walkover and documentation of potential historic and archaeological site sensitivity. Summarize Stage IA Cultural Resources Assessment(see separate scope). 2.7.3 Noise Resources — describe noise sources within study area; identify sensitive receptors adjacent the study area. 2.8 Growth-Inducing Aspects 3.0 SIGNIFICANT ENVIRONMENTAL IMPACTS - Impacts of each resource area noted above will be discussed and analyzed in detail; impacts will be discussed as long term/short term, site specific or cumulative where appropriate. 3.1 Geological Resources 3.2 Water Resources 3.3 Ecological Resources 3.4 Transportation 3.5 Land Use,Zoning and Plans 3.6 Community Services 3.7 Cultural Resources 3.8 Growth-Inducing Aspects 3.9 Cumulative Impacts 4.0 MITIGATION MEASURES 4.1 Geology 4.2 Water Resources 4.3 Ecological Resources 4.4 Transportation 4.5 Land Use and Zoning 4.6 Community Services 4.7 Cultural Resources 4.8 Socio-Economic 4.9 Cumulative Impacts 4.10 Growth-Inducing Aspects 5.0 ADVERSE IMPACTS THAT CANNOT BE AVOIDED 6.0 ALTERNATIVES 6.1 No Action Alternative 6.2 Full Development under Current Zoning 6.3 Reduced Density Development Page 3 of 5 • • Hogs Neck Peninsula Draft Generic EIS EIS EXCLUSIONS 1. Fees are for professional services only and do not include direct costs(non-xpected); 2. Engineering,surveying or other services not specified herein; 3. Duplication of document for submission(1 client copy included per submission); 4. Direct cost of site soil borings,sampling,water/soil/sediment analysis or other testing,if required(not expected); 5. Public hearings and meetings;public presentation materials(if required);revisions to EIS caused by requests for additional work during comment periods,will be billed based on time rates; all meetings, attendance at hearings and/or work not specifically mentioned herein will be billed at on an hourly rate basis in accordance with the time rates fee schedule. B) TRAFFIC IMPACT STUDY 1. Conduct seven day automatic direction traffic counts at the following locations: a) Bayview Road(main) south of Smith Drive South b) Bayview Road(North Road)North of Goose Creek Lane 2. Calculate the vehicles trip generation rate for the existing residences on Great Hog Neck using the automatic traffic counts and Town data bases to determine the appropriate number of residences. Estimate the number of single family residences, which can be constructed on the undeveloped land on Great Hog Neck. 3. Compare the prevailing trip generation to the Institute of transportation Engineers Data. The higher value the data developed for the prevailing trip generation or the ITE data will be used to project potential traffic increases. 4. Conduct morning (7-9am) evening (4-6pm) and Saturday midday (l lam-2pm) intersection turning movement counts at the following intersections: a) Route 25 Main Road and Corwin Lane. b) Route 25, Main Road, and Ackerly Pond Road. C) Route 25,Main Road and Oaklawn Avenue d) Route 25,Main Road and Horton Lane. 5. Calculate the growth of the existing traffic using New York State or Suffolk County growth factors. 6. Compare the existing road future traffic capacity and Levels of Service at the intersections listed above. The future conditions to be evaluated are: a) Complete development per existing zoning by 2012 b) Reduced development density as approved by the Town of Southold by 2012 7. Review the emergency service access with the appropriate officials for the existing and full development and reduced density conditions. 8. Inventory the existing Bayview Road intersections to determine sight distance restrictions. 9. Collect existing traffic volume data from the Suffolk County Department of Public Works and the New York State Department of Transportation. 10. Compile and evaluate the data collected into the GEIS for the existing, full development and reduced density conditions. Page 4 of 5 Hogs Neck Peninsula Draft Generic EIS C) CULTURAL RESOURCES ASSESSMENT Retain the services of a qualified archaeological services consultant to perform a Stage IA study for the peninsula. The Stage IA (Documentary Search and Sensitivity Assessment Study) report will consist of documentary search and visual inspection study prepared according to NY Archaeological Council guidelines. The report will be accompanied by recommendations regarding the need for further study if applicable. D) DRAFT EIS FOLLOW-UP AND FINAL EIS PREPARATION The DEIS may require finalization, and/or revision subsequent to Planning Board/staff input. The FEIS phase is most difficult to anticipate as the FEIS depends upon the written and oral comments received by Town at hearings and during the comment period. A budget is typically estimated based on experience with prior similar projects; however, depending upon agency/public input, the budget could be more or less. The following services are anticipated: 1. Attend meetings related to Draft and Final EIS. 2. Revise Draft EIS per comments from lead agency(s). 3. Attend Public Hearing on Draft EIS. 4. Prepare Response to Comments on Draft EIS and submit as Final EIS. 5. Revise Final EIS for acceptance by lead agency. Page 5 of 5 S.u�F P� Mr. Bennett Orlowski, Jr. Chairman of the Southold Town Planning Board P.O. Box 1179 Southold,New York Dear Mr. Orlowski: It has come to my attention that the Southold Town Planning Board will be reviewing an application for a major subdivision in the North Bayview area called Forestbrook at Bayview,by Zoumas Contracting Corp. I know the proposed subdivision is for 17 homes to be built on 38 acres in an area of meadow and woodland bordered by North Bayview Road and North Bayview Extension. In addition,I know there is a second proposed major subdivision, also by%iww ft Contracting Corp which is for 22 homes to be built on 48 acres. This is located West of Brigantine Drive near the area called Harbor Lights Estates. My brother and I own a home in Goose Bay Estates which our parents bought over twenty five years ago. My father and I used to take our daily walk on Bayview Avenue right in this area. Truly, there is abundant wildlife in the area that would be destroyed by these new homes. Only last week my brother,Dr. Peter Ortner, and I took this walk and saw a red fox, a buck, a doe, and two lovely fawn just born. In addition,there are numerous birds who nest in the marsh. Southold is a quiet town and that it why the residents cherish it so deeply. I am totally against the two proposed subdivisions as it is quite obvious it will destroy the few remaining parcels of land that make the area safe for animals as well as people. In addition, the homes would place a burden on the road system as well as the school system and sewerage. Please let me know if there is anything else I can write to help. Thank you. Sincerely, Professore Toni Ortner D AUG 0 5 2002 SoutholdTown Planning � 6 Subinisston Without tac Cover Letter Sender: J U � C7 1 2 �0.Subject: LA-M 0.5 � V,� e,�✓ SCTDI#: 1000- Date: �, 2 �� ZU U Z � Cournaenls: q /G D JUL 2 3 2002 Southold Town Planning BOW L,kj� h'r^ JUL 1 2002 Southold Town (� Planni pard / � t cx—r,_ /Lees ,A)Q rr-J1i�v4'.C��tiGa i v Al2,� , � . �j /J / 5 4%,l 'Ile PLANNING BOARD MEMBER o�OgUFFOJtCO BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman C5 Town Hall, 53095 State Route 25 WILLIAM J. CREMERS N Z Southold, New York 11971-0959 KENNETH L.EDWARDS O .F Telephone (631) 765-1938 GF,O$6��I4`F,FiIP-In4TI�,4I�q-dlk 'j' �`. Fax(631) 765-3136 RICHARD CAGGIANO MARTIN SIDOR, JR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town Board of the Town of Southold From: The Town of Southold Planning Board Date: July 9, 2002 Re: HOG NECK PENINSULA SEQRA COORDINATION, SETTING OF SCOPING SESSION The following resolutions were passed during the July 8, 2002 meeting: WHEREAS, that the Planning Board finds that a Generic Environmental Impact Statement (GEIS) is appropriate and intends to issue the appropriate determination to require such document for the Hog Neck peninsula, considering the current pending applications which are expected to result in cumulative and generic impacts, therefore BE IT RESOLVED, that the Planning Board set Thursday, August 15, 2002 at 3:00 p.m. to conduct the Scoping Session for the Draft Generic Environmental Impact Statement for the Hog's Neck Peninsula at the Town of Southold Town Hall. BE IT FURTHER RESOLVED, that the Planning Board authorizes the secretary to the Board to file this notice with the following parties: New York State Department of Environmental Conservation, Albany New York State Department of Environmental Conservation, Stony Brook Suffolk County Department of Health Services, Riverhead Town of Southold Trustees Ms. Betsey Dickerson, Applicant Patricia Moore, Esq., Applicant Agent Abigail Wickham, Esq., Applicant Agent Richard Lark, Esq., Applicant Agent Cathy Mesiano, Expeditor, Applicant Agent New York State Department of Environmental Conservation Division of Environmental Permits, Region One v Building 40- SUNY, Stony Brook, New York 11790-2356 - Phone: (631)444-0365 • FAX: (631)444-0360 Erin M.Crotty Website: www.dec.state.ny.us Commissioner July 1, 2002 ' Bennett Orlowski, Jr., Chairman Southold Planning Board JUL 0 mi 53095 Route 25 P.O. Box 1179 o0G told'Ttylii n Southold,NY 11971-0959 Planning Soardl RE: Proposed Major Subdivision Zoumas Contracting Corp. at Bayview North side of North Bayview Rd., approx. 200'west of Brigantine Dr., Southold SCTM# 1000-79-4-17.14 & 17.7 Dear Mr. Orlowski: Thank you for forwarding a copy of your recent Positive Declaration for this project to our office. Our Bureau of Habitat has reviewed the materials you sent and has the following comments. They recommend that the recharge basin be moved out of NYSDEC Freshwater Wetlands(Article 24)jurisdiction. They also recommend that clearing, grading, and all other regulated activities be located at least 101' from the freshwater wetland boundary. Thank you for requesting comments at this early stage of the project. As the project develops and more details become available, we would appreciate the opportunity to comment further. Sincerely, Sherri Aicher Environmental Analyst iAl June 29, 20D2 Mr. Ben Orlowski-Chairman Planning Board Southold Vjllage Hall Southold,NY 11971 Dear Mr. Orlowski, Thank you for having arranged to have a full SEQRA review for the Hog Neck area. As a resident of Reydon Shores for 27 years, we are very concerned with the development of the entire Hog Neck peninsula. The entire character of the area has changed from woody and open spaces to one house after another. I fully understand the rights of the landowners and developers however they are changing the character of the peninsula forever. In the event Zoumas gets his wax I wonder where we can move to enable us to enjoy the rural atmosphere that we have enjoyed for years. Please continue to strive to maintain as much undeveloped land as you can. I wonder about the developers paying for Nelson,Pope and Voorhis' study. Is it possible that Nelson et. al, might lean more favorably towards the.arm that actually writes the / check? Thanks f your efforts! Larry.K npy 2000 Reydon Drive Southold,NY.11971 JUL 0 s zuu� Southold Town Planning Board PLANNING BOARD MEMS* BENNETT ORLOWSKI,JR. P.O. Box 1179 C Chairman Town Hall, 53095 State Route 25 =�O� o�y� Southold, New York 11971-0959 WILLIAM J.CREMERS 8 KENNETH L. EDWARDS Telephone (631) 765-1965-19 38 GEORGE RITCHIE LATHAM,JR. H Z Fax(631) 765-3136 RICHARD CAGGIANO dol � Sao PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memorandum To: Joshua W. Horton, Supervisor Members of the Town Board From: Valerie Scopaz, AICP, Town Planner Re: Hog Neck Date: June 24, 2002 Due to the length of time between initially scheduled public meetings, the Planning Board decided to hold a Special Meeting this evening. Among the items scheduled for a vote is a resolution to require a Generic Environmental Impact Statement for all pending subdivision applications within Hog Neck. If passed, this resolution would provide for the writing of one EIS for all of Hog Neck, as opposed to a separate EIS for each of the subdivision applications before the Planning Board. It is felt that a GIS would be a more efficient and cost-effective way of reviewing the anticipated cumulative environmental impacts. The applicants will be billed proportionately dependinqon the intensity of their "— evveTopment proposas—Ad i lona app ica ions on Hog Nec are antics a e -- based on pre-submissions conferences that have taken place. These applications will be included within the scope of this GIS. If there are any questions, I am available to answer them. 01 June 18, 2002 <' .r. Ben Orlowski Jr. Southold Town Planning Board 46 P.O. Box 1179 Southold, NY 11971 Dear Mr. Orlowski: I am not one to write letters, and I am not a very elegant writer, so please bear with me. I am very concerned about all the building and proposed building that is going on in Southold Township. I have been noticing that most of it is being done by one builder, Mr. Zoumas. I live on Hog's Neck in Southold and, as I am sure you are aware, almost all the larger tracks of land in this immediate area is slated for building by Zoumas, as are many of the single available pieces. For instance, behind Harbor Lights, over by Cedar Beach, across from the school, Angel Shores, and the field on North Bayview Extension. Of course there are many, many others. I see his name on new development signs from Medford to Mattituc k (many!) to Greenport. Each week I see in the paper (the part that lists the land transfers) Mr. Zoumas'name as he acquires more pieces. Most weeks, in the Real Estate for Sale section of the Suffolk Times, he lists about 10 different developments with houses that are already available. I feel that this builder is a virus upon the land, spreading and killing our area. I apologize for the melodramatics, but this is upsetting to me. I live in Harbor Lights and I suppose you could say that I am prejudiced since he will be building very near my home. But were you aware that there are spotted salamanders in the woods behind my house? I could show you them. They are getting fewer and fewer every year though. There are also about 40 deer living in these woods, 2 of them are white deer. There are fox, giant snapping turtles and box turtles. Now I know that you can't hold up progress because of some "dumb'animals, but you also can't allow one builder to take up all of the land on Hog's neck. Are the deer supposed to live in the streets? Please, please consider doing something, anything about the rampant building in Southold. And please hurry before there is no land left. Thank you so much for listening to me ramble. As I said, I am not a very good letter writer but I hope and pray that my small message got through. cerey' o i Torkelsen a Chrisliuu Iludsou '"*- 1155 Jacobs Lane JUN 19 2002 maw., SoO,bold. Ncw Yorlt, 11971 V 1 FrU103 k Manning June 13'x, 2002 Hon. Bennett Orlowski Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road, Southold,New York 11971 Dear Mr. Orlowski, Please accept this letter concerning the application by Zoumas Homes for two subdivisions in Bayview, one for 17 homes on 38 acres near North Bayview road and Bayview extension and the second subdivision for 22 homes on 48 acres near Harbor Lights Estates. The environmental depredations, traffic congestion, and school overcrowding which these 39 homes (constructed at the same time!) will cause is already well known to you. (see attached articles). Mr. Orlowski, you have a well earned record of being a guardian for the quality of life in this town, regardless of the pressure brought to bear on you by shortsighted developers. You have always taken the view that your decisions on the planning board are not just for us, but for our children and our children's children. Forgive me for being presumptous,but this has led me to conclude that you already oppose these developments (or because of their size and intrusiveness, they should be called the "Bayview Projects"). This letter is meant to urge you to stay the course and assure you of the community's unwavering support if you do so. Accordingly, the remainder of this letter is to give you information and proposals to help you counter the explanations of Zoumas's lawyers. There is an argument that may be of assistance to you in your decision to fight this development. One of the oldest common law principles pertaining to the use of land is the doctrine of nuisance. Stated succinctly, no one shall improve or use their land in such a manner as to injure the land of another. Based on your experience in these matters, it must be readily apparent that the Zoumas developments will injure the property of the other homeowners in Hogneck. The reasons are manifold: (1) The extra traffic on narrow roads designed with farmers tractors and Model Ts in mind; (2)the disruption of the deer population that will, in the short run,result in their destroying the plantings of the surrounding homeowners and (3) the strain on a water supply already overburdened by the pace of current home construction. In light of the recent moratorium on water hookups, is it not reasonable to conclude that the Bayview projects will be the straw that breaks the camel's back at the SCWA? Il ZOUmas Homes wants to build its donclopment, we suggest that the planning board grant their application subject to the following reasonable conditions: (1) Bearing the costs of widening and improving all roads leading in and out of the developments to connection with Main road and the North Road. This will also include replacing the Goose Creek Bridge with a wider one to handle increased traffic, in accordance with current DOT specifications; (2) Bear the cost of running water mains to wells in the Pine Barrens Aquifer and hooking the local SCWA mains into same (3) Be responsible for relocation or sterilization of the deer population in Hogs neck and finally (4) Prepare all Environmental Impact Statements and reports deemed necessary in connection with this project (and the aforementioned remedial measures) and bear all costs associated with compliance. Once again, I want to thank you for your hard work all these years on behalf of our community. You're a credit to Southold and the elected officials who so wisely appointed you to your position. I remain, Sincerely yours, /L Christina Hudson Michael Dolan 55 Summit Dr. Southold, NY 11971 765-1150 s� June 1, 2002 Bennet Orlowski, Jr Chairman Southold Planning Board Mr. Orlowski, It has come to my attention that Zoumas Contracting has applied for permits to do some major building in the Hog Neck area of Southold. I would ask you and the board to carefully consider the repercussions of such developments in an already extremely stressed area and ecosystem. Reason one being pretty obvious, I enclosed an article from the Suffolk Times concerning a Hook up moratorium by the SCWA. Even though well drilling is feasible you know as well as I that there will be problems and those people who buy those homes will be suing for water service not to mention the stress of wells and septic systems in that small an area. Reason two being the environment down here, we are surrounded by water and that area has sensitive wetland in there as well as freshwater habitats. I'm no tree hugger but you know as soon as the application is approved, the bulldozers will run rampant and unchecked due to shortages in manpower to enforce building and zoning laws. The Trustees are having such problems on the waterfront and don't think for a minute that the developers won't infringe. Reason three is obvious too, traffic and the burden on our school system. The main way down there is Pine Neck Rd and over the bridge or Main Bayview down Cedar and make a right on N. o Bayview ext. These roads are already an absolute "zoo" in the summer and lately not much better in the winter. Our School System is already maxed out as well, we have barely started paying for our last major construction project up there and they are already saying that we need more class rooms. I myself send my kids to OLM in Cutchogue and Mercy in Riverhead and reason is because Southold is over crowded and getting out of control. In closing I would like to compliment you and the board on your work thus far. But I will ask you to consider these applications carefully, put your foot down and don't give into these lunatics who want affordable housing or a desire to expand the tax base to pay for more services. It is a vicious cycle, and you guys have the power to put it to a sensible end. Respectfully, Michael W. Dolan Southold Tr T, R e e hold,x. e; , d Water Authority declares six-month moratorium By Gwendolen Groocock running short of existing supply for tomer accounts in Southold Town, then, it has been test-drilling exten- our own customers," SCWA CEO with water drawn from numerous sively and tapping lots of small wells No new hookups, and this time we Steve Jones said on Tuesday. "We're small wells in the North Fork's sole- rather than a few main sources. mean business, says the Suffolk committed to all we can handle right source aquifer. Countywide, it serves "I think it's a wise move for them to County Water Authority. It has enact- now,and we also need to think about about 37,000 accounts,a total of about step back and take a look at their ed a six-month moratorium, effective the future as far as supply and increas- 1.2 million people. Two years ago, it infrastructure and review their immediately,on all new water hookup ing water quality standards are con- announced that, based on then-exist- options," said Southold Supervisor applications in Southold Town. cerned." ing supply, only 700 more hookups "We're coming perilously close to The SCWA serves about 6,000 cus- would be available in Southold. Since See Water, page 27 ►Brownie bust lo-Fire in Greenport ►Tucker titles Drug infraction alleged; 9 `Big bullet'dodged in Two Mattituck girls win SHS students suspended. Front Street blaze. county Class C crowns. Page 3 Page 3 Page 32 77777777J,777 �. -,�. _, Wader Barrens have long been considered uneconomical,but that is changing,he • • • said. Technology is coming down in price,while at the same time it's get- ting more expensive to search for lit- Josh Horton."At the same time,I feel tle wells, and filter them to drinking it's a little late.They've been aware of water standards Also,it's highly likely the limited supply for some time,and that the federal government will raise they're already close to the maximum the bar on drinking water standards, amount of customers they can have. further increasing filtration costs,he By nature, the water authority is a said. strain on the environment and look- Another option to be explored is ing for new ways to deliver quality under-the-sink filtration. In Browns water should be an ongoing search." Hill in Orient, about 24 homes are Southold Town should also look at part of a pre-existing filtration district what it can do to help the situation, now run by the SCWA. Each house said Mr.Jones. has its own reverse-osmosis filter for "We hope that Southold will use the drinking water, but uses less-filtered six months to their advantage,and put water for washing and bathing, whatever land use regulations-.are - Despite the moratorium,the SCWA needed into effect," he said. "If we expects to be hooking up a maximum both come up with answers,we don't of 1,000 new accounts in the coming need to have all the tension and fin- months Some private wells may go ger-pointing." bad,in which cases the county health Also, water conservation measures department could be taken,such as restricting the would require use of water for lawn irrigation,as it is e m that public on Fishers Island,said Mr.Jones. water be made "It doesn't appear that such irriga- available. tion is a big factor," he said."On the Also, some other hand,it's a way to help cut down s i n g 1 e peak demand from our customers" approved lots with building permits Farms use private wells for irriga- and subdivisions with final approval tion,which stresses the aquifer in gen- already have a water authority letter eral,but don't utilize the filtered pub- promising hookups lic water,he noted. Also exempt are subdivisions and Both the SCWA and Southold con- projects outside Greenport .Village tinue to adhere, mostly, to the water that previously contracted with the mains map developed about two years village for water. And about 600 ago. It shows the areas where future accounts have a contract and pay the mains would and would not be desir- quarterly minimum charge, but are able. Mains are excluded from'the not actually drawing water. If they central farmbelt and concentrated in choose to come online, they may do the populated areas in the hamlets so.Lastly,exceptions will be made in and along the southern shoreline. ;, cases of extreme hardship. The SCWA intends to investigate "We hope in six months that we're options for increasing supply to in a better place to make some deci- Southold over and above what the sions on how to improve the supply ,,fifer can provide, said Mr. Jones and keep the costs down for ourselves hemes like desalination,denitrifica- and our customers,"said Mr.Jones. n and piping water in from the Pine M � v ROSEMARY POLIWODA LONGWORTH f- 900 VICTORIA DRIVE ; SOUTHOLD NY 11971 a 516 765 3053 + (' June 14, 2002 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board POB 1179 Southold NY 11971 Dear Mr. Orlowski: I am writing concerning the two tracts planned for subdivision in Bayview (Hog's Neck Peninsula) at North Bayview and North Bayview Extension by Zoumas Contracting Corp. I am strongly opposed to these developments for the following reasons: The density of new homes is too high for the small size of Bayview (Hog's Neck) peninsula. The total number of houses for these two developments alone is 39*. Not far away, the Angel Shores project is nearly completed with over 40** houses. In addition to these two Zoumas projects before the Planning Board, there are other developments that are slated for Bayview peninsula that, according to the Planning Board, total at least 64* houses. This total of a minimum of 143 new houses does not include the number of individual homes under (or soon to be) construction where the permits are issued from the Building Department. (How many are there ofthese?) It will be hard to convince the townspeople that the following basic elements would not occur: The health and viability of the groundwater will be impacted. The water supply will be affected. The amount of toxic drainage from 143 plus additional homes in this fragile area from lawn care and other pollutants that occur wherever there are people and cars will have grave implications. Then there are the roads. How will these narrow, windy, curvy country back roads be able to serve the already increased traffic and now more traffic from residents of these 143 plus additional houses. The schools will feel the impact and will need to meet the increased demands. And of course the wildlife will be destroyed. Then what? What good could possibly come from this density overkill? The taxes will be raised with multiple increases to who knows how high a price. (Let us compare rates with our fellow taxpayers in Port Jefferson, Miller Place, Rocky Point or Smithtown.) These basic elements that make the quality of life in Southold what is was, a positive, highly desirable and really nice place to live, not only will be destroyed, but our quintessential character as a rural, non-suburban town will become extinct. If nothing comes of the townspeople's challenge to this assault to the last place on Long Island that has retained any of it's original nature, what I would like to ask is how could things have gotten this far? Wha' happened? I urge the Town Government in all its capacities to find a way to be stringent in protecting Southold Town's vital interests from this truly astonishing battering. Sincerely, Rosemary Poliwoda on worth *Number from Planning Board **I myself took a count at Angel Shores. • i s� M1 1020 Seawood Drive Southold, NY 11971 June 3, 2002 Mr. Bennett Orlowski, Jr. P.O. Box 1179 Southold, NY 11971 Dear Mr. Orlowski I have recently been informed of an application for a major subdivision in the North Bayview Rd. area of Southold. One year ago my wife and I bought our home on Seawood Dr. with the expectation of the preservation of the areas natural resources and wildlife. The east end of the North Fork gets much press regarding its preservation efforts: saving a traditional rural lifestyle. My wife, son, and I are in favor of limited growth in this area and strongly opposed to the proposed subdivisions. Physically and practically the subdivision will have a negative impact on our groundwater, school system, and roadways. Emotionally and visually the subdivision will have a negative impact on our treasured wildlife, rural setting, and the future of perhaps the last remaining open space community on Long Island. Please think long and hard regarding this proposal by 7.oumas Contracting Corporation and all other proposals that take away land and life styles forever. Once gone this lifestyle can be lived only by other envied peoples living elsewhere. Thank you for your attention. Sincerely, IkA---IA4� Peter Meeker JUN 1 it C�uL SYDNEY S. BREESE,JR. 1700 CEDAR BEACH ROAD 1 IJ L.I. �inll/ NEWEW YORK YORK 11971 AN! u-�[ Mr. Bennett Orlowski, Jr. June 5,2002 Chairman Southold Town Planning Board P.O. Box 1179 Southold, NY Dear Mr. Orlowski: As longtime residents of Great Hog Neck, we find it distressing that projects proposed by Zoumas Construction Co. on land bordered by North Bayview road and North Bayview Ext. and also west of Brigantine Drive in Harbor Lights are being presented to you. It seems obvious that these projects are being considered because the Suffolk County Water Authority has brought pipes to the area. Since we live on the street (Cedar Beach Road)which was the site of the first pipe brought all the way from the North Road, it was obvious that would be the beginning of an excuse to fill the area with new houses. The first major project ,Angel Shores, has added almost forty houses. These projects will add 39. How is it possible that such a density can be anything but detrimental to the ground water since there is no accompanying sewer system. The intensive land use will also reduce the area in which the local deer population may occupy. Furthermore, when this proposal was first brought to my attention, the Suffolk Times carried an article saying that the SCWA was going to stop further connections for 6 months. It seems ridiculous to support such housing density when the Town is trying to protect open space and farmland. When we first moved to our present house in 1965, the site of Angel Shores was a farm. The North Bayview site was also. It is just too bad that the destruction continues. Having gone back and forth on these roads around Hog Neck for all these years the addition of more houses will add to the auto density and presumably a portion of the houses will have children in the schools. Not a good prospect. We urge you and the Planning Board to deny these projects. We don't want to end up looking like Nassau County or Western Suffolk. Sincerely, y�,j 4*d�el-l") yd' ey a Elaine Breese • COUNTY OF SUFFOLK M (9 ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS May 29,2002 CHARLES J. BARTHA, P.E. COMMISSIONER Town of Southold Planning Board Office P.O. Box 1179 53095 State Rte. 25 Southold, N. Y. 11971-0959 Gentlemen: Re: North Bayview Rd.,200'w/o Brigantine Dr., Southold Zoumas Contracting Corp. at Bayview SCTM# 1000-79-4-17.14& 17.17 This Department has reviewed the above-referenced site plan. Specifically note that: Since this proposed development is not adjacent to a County maintained road or a road proposed for improvements by the County, a permit will not be required from this Department. If you have any questions,kindly contact this office at 8524 100. Very truly yours, William S. Shannon,P.E. Chief Engineer By: M. Paul Campagno Permits Engineer WSS/MPC/VK/ln ill JUN Southold Town Rlanni % d SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (831)852-4010 335 YAPHANK AVENUE ■ YAPHANK,N.Y. 1 1980 ■ FAX(631)852-4150 1 ^v, 631 765 4643; 'NAY-14.32 11 :33; PAGE 212 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary May 14, 2002 %imetl Orlowski, Jr.,Ch irMan Southold Town Planning Board Town HMI 53095 Maar Road P.O.Box 1174 Southold,1V'Y 119-71 (BY FAX) Re: Zoumas 11omcs-Harlot Lights Dear Mr. Orlowski; 1 have been retainad by Mr.Zoumas to represent them or,the above subdivision. Mr.Cuddy is no lons er representing them on this project. Please,nark your file aeeordingiy. Thank you ibr your courtesies. Very t4uly yours, M - - ��o Patricia oore J.J-Vogt • 5785 N Bayview Rd. • Y�/'%' Southold,6 16 1171- 9 InrGOMi�� May 14,2002 Mr.Bennett Orlowski,Jr. ) Chairman-Planning Board ry Southhold Town Hall PIAT 1 5 LUUL P.O.Boa 1179 Southold,N.Y. 11971-0959 Southold TaUViI Dear Mr. Chairman, Planning Board The North Fork,and in particular,the town of Southold,has become and is Z8 becoming,one of the East Ends favorite and popular places to reside,resulting in our continued growth and expansion as well as much busier roadways. This is called "progress" and it can be difficult to control and manage,but there has to be responsibility and concern about this growth and expansion. One of our important and vital concerns besides roads and highways to handle this,is the availability of fresh water. As we know,there are a number of well established farms,vineyards,and nurseries here in the town of Southold and their related heavy demands for water to sustain their businesses as well as to provide sufficient water to service the schools,homes and other business in our area. We trust there has been,or should be professional engineering surveys done to support as well as ascertain the need for water in our area without jeopardizing our future water supply. Currently,there will be approximately 13 to 14 houses to be built off "Oaklawn" across from the elementary school area and we are now considering 17 additional houses at"Forestbrook at Bayview",9 lots in 24 acres at"Bayview Overlook at hold",as well as 22 lots on 48.2 acres b fora total of over 60 houses in just one gene a o ou old, un ou telly there will be more to follow. In essence,atter all this growth,we do not want to wake up and find out we have a water alert or emergency because there is not sufficient available fresh water to handle and meet all our needs. Too much-too late syndrome! In conclusion,I am sure our citizens will appreciate the Planning Committee's utmost concerns and consideration regarding our future growth and expansion and its possible effect if not controlled and managed accordingly. Thank you. Sincerely yours el—'� John J.Vo 5785 North Bayview Road (765-2471) PLANNING BOARD MEMBE41 0 ~ BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman ��0 CQG Town Hall, 53095 State Route 25 WILLIAM J.CREMERS =� 'y� Southold, New York 11971-0959 KENNETH L.EDWARDS O - Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. w Fax(631) 765-3136 RICHARD CAGGIANO �iQl � Sao PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 14, 2002 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 RE: Proposed Major Subdivision Zoumas Contracting Corp. at Bayview North side of North Bayview Rd., approx. 200' west of Brigantine Dr., Southold SCTM# 1000-79-4-17.14 & 17.17 Zone: A-C Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, May 13, 2002, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 47.71 acre parcel into 22 single family lots; and WHEREAS, prior to issuing any approvals for the proposed subdivision, the Planning Board is requiring that the concept be subject to SEQRA review; and WHEREAS, the Planning Board adopts the Environmental Assessment Review Report for Zoumas at Bayview, dated April 25, 2002, prepared by Nelson Pope and Voorhis, LLC; therefore BE IT RESOLVED that the Southold Town Planning Board, pursuant to Part 617, Article 8 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency has determined that the proposed action may have a significant impact on the environment and adopts a Positive Declaration for the proposed action. r, r Zoumas at Bavview — Page Two — 5/14/02 Enclosed please find a copy of the Positive Declaration for your records. Please contact this office if you have any questions regarding the above. Very truly yours, 4T ,� "Jr Z Bennettrlowski, . Chairman Enc. cc: Joshua Y. Horton, Supervisor Southold Town Board Greg Yakaboski, Town Attorney Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Suffolk County Department of Health Services Suffolk County Department of Public Works NYSDEC - Stony Brook New York State Department of Transportation Suffolk County Water Authority Sharon Gustafson, MTA-LIRR PLANNING BOARD MEMBEOP 0 BENNETT ORLOWSKI,JR. g1)FF0(,f P.O. Box 1179 R Chairman ��� CO Town Hall, 53095 State Route 25 WILLIAM J. CREMERS =� G'y� Southold, New York 11971-0959 KENNETH L. EDWARDS o Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. ti Z Fax (631) 765-3136 RICHARD CAGGIANO Oy • �� dol � Sao PLANNING BOARD OFFICE TOWN OF SOUTHOLD 14-12-5(3/99)-9c SEQR State Environmental Quality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance Project Number Date: 1000-79-4-17.17 Date: May 13, 2002 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Southold Planning Board as lead agency, has determined that the proposed action described below may have a significant impact on the environment and that a Draft Environmental Impact Statement will be prepared. Name of Action: Zoumas at Bayview SEQR Status: Type 1 Unlisted X Scoping: No_ Yes X If yes, indicate how scoping will be conducted: Public scoping sessions will be conducted at the Town of Southold Town Hall located at P.O. Box 1179, 53095 State Road 25, Southold, New York Description of Action: The proposed action is to subdivide a 47.71 acre parcel into 22 single family residential lots. The parcel is currently wooded. Two freshwater wetlands systems exist in the northeast of the parcel. A recharge basin identified as an out-parcel in the subdivision includes a high quality wetland community located in the northeast of the parcel. 0 SEOR Positive Declaration Pare 2 Location: The site is located on the Hog Neck peninsula in Southold. The parcel is located on the north side of North Bayview Road, approximately 200'west of Brigantine Drive in Southold. A location map is enclosed. Reasons Supporting This Determination: This proposed action may cause a significant adverse impact on the local environment individually and/or jointly when assessed cumulatively with the three additional,pending major subdivisions, as noted below. A comprehensive cultural, environmental and infrastructure review must be conducted to determine the cumulative impacts to the parcel, community and the Hog's Neck peninsula. Relevant areas of environmental concern include: (1) The impacts to and potential of loss of quality wildlife habitat, species and valuable wildlife corridors. (2) The potential impacts to potential endangered, threatened and special concern wildlife species that may occur on site. (3) The loss of native vegetation cover including valuable woodlands. (4) The potential loss of archeological/cultural resources. (5) The impact of sanitary systems on groundwater. (6) The impact of increased water demand upon the existing water supply infrastructure. (7) The impact of stormwater runoff on slopes and wetland areas. (8) The indirect and direct impacts of all of the above to the adjacent Critical Environmental Area, Goose Creek. (9) Impact on aesthetic resources. (10)Impact on existing and future open space or recreational opportunities. (11)The increase in traffic and trip generations on the peninsula assessed to: local traffic patterns, limited ingress and egress points to the mainland and evacuation routes. (12) The cumulative impacts of the proposed action together with the three pending major subdivisions; Forestbrook at Bayview(17 single family residential lots on 37.77 acres) and Bayview Overlook (8 single family residential lots on 24.04 acres) and Dayton Farms (5 lots on 13.45 acres). (13)The assessment of a no action alternative. SEOR Positive Declaration Paee 3 A detailed narrative outlining these concerns is attached. For Further Information: Contact Person: Mark Terry, Senior Environmental Planner Address: P.O. Box 1179, 5309 State Road 25, Southold,New York 11971 Telephone Number: 631-765-1938 extension 243 A copy of this notice must be sent to: Department of Environmental Conservation, 50 Wolf Road, Albany,New York 12233-1750 Chief Executive Officer, Town/CityNillage of Any person requesting a copy All Involved agencies Applicant (If any) Environmental Notice Bulletin, Room 538, 50 Wolf Road, Albany,NY 12233-1750 0 NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL,PLANNING, CONSULTING (631)427-5665 572 Walt Whitman Road FAX(631)427-5620 Melville,NY 11747 TO: Mark Terry Date: 30-Apr-02 Town of Southold Planning Board Office,Town Hall Re: Zoumas,Bayview 53095 Main Road Southold,NY 11971-0959 Job No. NP&V#01219 We are sending you Under separate cover X Herewith Pick Up By Messenger For Your Review&Comment Approval X As requested X For your use Bid Submission Quantity Drawing Title Sheet No. jDate 1 Updated Environmental Assessment Review 1 Updated EAF Part 11 Remarks: Please feel free to call should you have any questions or require any additional information. MAY 02 29aZ Southold Town Very truly yours, i NELSON,POPE&VOORHIS,LLC NELSON, POPE 6 VOORHIS. LLC By: Shana Lacey ENVIRONMENTAL • PLANNING CONSULTING • • Zoumas @ Bayview EAF Part I Review ' NP&V#01219 e' x lk�rv' Y ill.,.. ENVIRONMENTAL ASSESSMENT REVIEW ENVIRONMENTAL AND PLANNING CONSIDERATIONS ZOUMAS @ BAYVIEW Prepared for: Valerie Scopaz,Town Planner Town of Southold Planning Board Office,Town Hall 53095 Main Road Southold,New York 11971-0959 Prepared by: Nelson, Pope &Voorhis,LLC 572 Walt Whitman Road Melville,New York 11747 Date: February 4, 2002 (updated April 25,2002) The Town of Southold Planning Board has retained Nelson, Pope & Voorhis, LLC (NP&V) for consulting services in review of the above referenced application. The proposed action involves the subdivision of a 48.21 acre parcel into 22 residential lots. Nineteen (19) of the proposed lots range in size from 37,717 s.f. to 79,485 s.f., with the remaining 3 lots totaling 5.5458 acres, 10.3801 acres, and 5.5367 acres. A recharge basin is proposed in the northeasterly extension of the site and a natural buffer of approximately 50 feet in depth will be retained within the individual lots along the length of the North Bayview Road frontage. The site contains an out- parcel (tax loll 7.1, depicted on the Suffolk County Tax Maps as a recharge basin) in the northeast extensions of the site which currently receives runoff via existing stormwater piping. The site consists of vacant, undeveloped land dominated by mature and successional woodland habitats, early successional vegetation and freshwater wetland habitats. The site also contains several dirt paths/trails located throughout the site and a formerly cleared area is located in the southeastern portion of the site. The freshwater wetland habitats are located in the northeastern portion of the site and are more particularly described as NYSDEC designated freshwater wetland SO-39 with an additional "unmapped" wetland located just north of this feature. This document analyzes the site and area resources including topography, soils, water, land use, zoning and transportation and other available information. The site has also been inspected for environmental/planning constraints. In addition, the full EAF Part I submitted with the application has been corrected and is attached herein. Page 1 • • • Zoumas @ Bayview EAF Part I Review NP&V#01219 Location and Site Overview The subject property is located on the northeast comer of the intersection of North Bayview Road and North Road to Bayview/Jacobs Lane in Bayview, Town of Southold, County of Suffolk. The subject property can be more particularly described as SCTM number 1000-79-04- 17.14 and 17.17. The site contains a total of 1,396 feet frontage on North Bayview Road to the south and a total of 431 feet of frontage on Anchor Lane along the northern property boundary in the western extension of the site. Two (2) Town right of ways extend to the property, one to the eastern property boundary via Brigantine Drive and the other to the northern property boundary in the eastern extension of the site via Anchor Lane. Clipper Drive terminates at the northern property boundary in the center of both northerly extensions of the site. The site consists of vacant, undeveloped land dominated by mature and successional woodland habitats, early successional vegetation and freshwater wetland habitats. The site also contains several dirt paths/trails located throughout the site and a formerly cleared area in the southeastern portion of the site. The freshwater wetland habitats are located in the northeastern portion of the site and are more particularly described as NYSDEC designated freshwater wetland SO-39 with an additional "unmapped" wetland located just north of this feature. The site contains an out- parcel (tax lot 17.1, depicted on the Suffolk County Tax Maps as a recharge basin) in the northeastern extension of the site which currently receives runoff via existing stormwater piping. The "recharge basin" out parcel appears to be a natural depression and consists almost entirely of freshwater wetland SO-39, with the wetland extending through the site and off site farther east. Additionally, the site contains several areas of steep slopes, particularly in the northeastern portion of the site. This review will discuss the proposed project and its potential impact on the land resources. Proposed Project The proposed action involves the subdivision of a 48.21 acre parcel into 22 residential lots. Nineteen (19) of the proposed lots range in size from 37,717 s.f. to 79,485 s.f., with the remaining 3 lots totaling 5.5458 acres, 10.3801 acres, and 5.5367 acres. A recharge basin is proposed in the northeasterly extension of the site and a natural buffer of approximately 50 feet in depth will be retained within the individual lots along the length of the North Bayview Road frontage. However, as this vegetative buffer is part of the proposed lots, it may be difficult to maintain as natural and the Planning Board may want to consider the proposed vegetative buffer area as dedicated open space. The proposed project will utilize private wells and sanitary systems within the individual lots. The proposed single site access is provided via North Bayview Road, which splits in the center of the site forming three cul de sacs to provide access to the individual lots. Access to lot 7 in the northeastern portion of the site will be provided via the existing right of way from Anchor Lane or potentially through the drainage easement proposed from the Road "A". It is recommended that areas in excess of 15% slope be depicted on the plan so that impacts with regard to steep slopes may be determined. As stated above, a 3.9161 acre recharge basin is proposed in the northeasterly extension of the site, located between the two freshwater wetland habitats and north of the out-parcel. Drainage a d� NELSON. POPE 6 VOORHIS. LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 2 ' • • Zoumas @ Bayview EAF Part I Review NP&V 401219 easements are proposed from Road "A" and from Clipper Drive extending through the site to the Town right of way off of Brigantine Drive. The location of the recharge basin will cause grading to within 25 feet of the wetland boundary as depicted on the site plan, likely causing clearing of natural vegetated buffers closer to the freshwater wetland habitats. The Planning Board may wish to consider requiring a significantly larger natural buffer (ie., 100 feet) adjacent to these habitats in order to reduce potential impacts associated with development. Further, input from the Town Trustees and NYSDEC should be obtained. To date, the Planning Board has not accepted the yield map nor has the Planning Board granted sketch plan approval on the major subdivision map. It should be noted that the yield map submitted with the application does not appear to take into consideration environmentally sensitive features on the site including the freshwater wetlands or steep slopes. The applicant proposes the subdivision as a cluster design, in that 19 of the proposed lot sizes have been reduced to less than the typical zoning dimensional requirements of the Agricultural Conservation (AC) zoning district. Through the Cluster Development process, such lots would be permitted according to 100-181(A)(3) provided the minimum lot size shall be at least 30,000 s.f. in area without connection to public water and sewers. Typically, cluster subdivisions are granted in order to preserve open space and/or environmentally sensitive features on the site in perpetuity. With the exception of the recharge basin and internal roadways, the remainder of the parcel will be allocated into individual lots and no portion of the site will be preserved in common or public ownership as open space. The Cluster Subdivision Map states that the building envelope within lots 7, 10 and 15 will be limited to 40,000 s.f. Similar to the natural buffer proposed within the individual lots along north Bayview Road, the natural areas within lots 7, 10 and 15 may be difficult to maintain; as such, the Planning Board may wish to consider reducing the lot size of these three lots in conformance with the remainder of the subdivision such that these areas may be preserved as open space. Further, the cluster subdivision as currently proposed does not appear to protect environmentally sensitive features such as freshwater wetlands and steep slopes. Land Use and Zoning The project site is located in an area that contains a mix of residential, agricultural and undeveloped vacant land. The dominant land use in the general area is residential and the proposed application is generally consistent with surrounding uses. The site is currently vacant undeveloped land, with the proposed development resulting in 22 residential lots. No portion of the site will remain in open space and/or open space easements as indicated at this time. Residential land uses are located to the north, south, east and west. The subject site is zoned A-C Agricultural Conservation (A-C) District, which requires a minimum lot size of 80,000 SF, lot coverage of 20% of the lot area, and a minimum livable floor area of 850 s.f. per dwelling. The proposed lots are less than the dimensional requirements within the A-C zoning district, however, should the Planning Board consider a cluster subdivision, smaller lots may be approved based on an overall yield in order to preserve open space and/or environmentally sensitive features. The use of clustering allows these dimensional requirements to be reduced in order to maintain a larger part of the site as natural open space. ir NELSON.POPE 6 VOORHIS. LLC ENVIRONMENTAL PLANNING • CONSULTING Page 3 t • Zoumas @ Bayview EAF Part I Review ' NP&V#01219 As indicated on the Cluster Subdivision Map, the proposed lots shall meet the minimum dimensional requirements of the R-40 zoning district. Maximum permitted lot coverage within the R-40 zoning district is equivalent to 20% of the lot area, and the required front yard, side yard, and rear yard dimensions are 60, 20/45, and 75 feet, respectively. Residential development of the resulting lots created by the cluster subdivision should not require zoning variances, depending on final building design and layout. R-40 zoning is located to the west, east and south of the site, with AC zoning located further to the west, south and east. With respect to land use, the proposed project is similar to the residential developments in the surrounding area and is an allowable use within the A-C zoning district. However, a previously stated, no dedicated preserved open space is depicted on the Cluster Subdivision Map. The land use and zoning impacts of the proposed project are expected to be marginal. The Town of Southold Community Preservation Project Plan identifies how the Town intends to preserve or protect properties that are integral to the unique community character of Southold and is a guide intended for interested land owners who voluntarily chose to work with the Town to preserve and protect privately owned real estate assets in a way that benefits the community at large as well as the owner. The majority of the site (tax lot 17.7) is listed on the Eligible Parcel List in the Community Preservation Project Plan, and is classified as "open space, including agricultural lands." The project is not generally consistent with the goals and objectives of the Southold Town Farm and Farmland Protection Strategy to preserve land that is suitable for farming and to ensure that farming remains an important part of the local economy. Further, the proposed project is not expected to be entirely consistent with the recommendations/findings of the Town of Southold Water Supply Management & Watershed Protection Strategy, which offers opportunities to ensure the protection of sufficient quality and quantity of groundwater supply for present and future use and to ensure that the rural/agricultural character of the Town is maintained. It is recognized that this study did not specifically address the subject site or area. Additionally, findings to the projects consistency with the Local Waterfront Revitalization Program and the Peconic Estuary Program should be identified. Traffic Generation The proposed use would be expected to increase traffic generation upon full development of the site as compared to existing conditions. Due to the location of the site and in consideration of area roadways, an increase in trip generation at the site may have a significant impact on the area roadways, particularly in conjunction with other development projects in the area; these potential impacts are cumulative and need to be taken into consideration. The vertical and horizontal road curvature allows relatively good sight distance. An additional 22 residential dwellings would be expected to generate a total of 25 trips during the weekday AM peak hour, 28 trips during the weekday PM peak hour and 31 trips during the Saturday peak hour. Since access to the community is restricted, the proposed project in combination with other nearby proposed projects may create a cumulative impact on critical intersections and a more detailed traffic impact study may be warranted. The traffic impact study should also consider the effects of the t NELSON. POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 4 • • Zoum s @ Bayview EAF Part I Review NP&V#01219 project on these intersections should evacuation of the Hogs Neck peninsula become necessary. Soils and Tonography The majority of the site is relatively flat, although areas of steep slopes are located in the northeastern portion of the site, particularly adjacent to the freshwater wetland habitats. It is recommended that slopes in excess of 15% be depicted on the subdivision map so that impacts may be assessed. The site contains two kettle hole depressions and does not contain any additional significant landforms or geological features. The Suffolk County soil survey (Warner, 1975) identifies six (6) soil types on the subject site, which consist of the following: Haven loam,He-thick surface layer Haven loam,HaB-2 to 6 percent slopes,well drained Plymouth loamy sand,PIA-0 to 3 percent slopes, excessively drained Riverhead sandy loam, RdB-3 to 8 percent slopes, well drained Riverhead sandy loam, RdA-0-3 percent slopes, well drained Cut and fill land, CuB-gently sloping The Riverhead series consists of deep, well-drained moderately coarse textures soils that formed a mantle of sandy loam or fine sandy loam over thick layers of coarse sand and gravel (Warner, 1975). The soil survey lists the erosion hazard for RdA as slight, and the soil is limited by moderate doughtiness in the moderately coarse textured solum. The soil survey lists the erosion hazard for RdB as moderate to slight and the main concerns of management are controlling runoff and erosion and providing adequate moisture for landscaping/agriculture. The Plymouth series also consists of deep, excessively drained, coarse-textured soils. PIA soils are fairly well suited to crops, with many areas formerly cleared for forming. The Haven series consists of deep, well-drained, medium-textured soils; He soils have a light erosion hazard, except where the soil receives large amounts of water from adjoining sloping soils. HaB soils have a moderate to slight erosion hazard, with the main concerns of management including controlling runoff and erosion and keeping the surface loose and free from crusting. Cut and fill land is made up area areas that have been altered in grading operations for housing developments, shopping centers and similar non-farm uses. The CuB soil type has few, if any, limitations to use as building sites. The topography and soils on site do not appear to present severe development constraints, provided proper planning and design are utilized in more sensitive areas. The depth to groundwater is considered in the subsections dealing with water resources. Wetlands As previously stated, the site contains a portion of NYSDEC designated freshwater wetland SCI- 39 in the northeastern portion of the site with an additional "unmapped" and isolated wetland located just north of this feature. The out-parcel (tax lot 17.1, depicted on the Suffolk County Tax Maps as a recharge basin) located in the northeast extension of the site currently receives runo�f via existing stormwater sewers. The "recharge basin" out parcel appears to be a natural UX SWUN11 NELSON. POPE &VOORHIS, LLC ENVIRONMENTAL . PLANNING . CONSULTING Page 5 • • Zoumas @ Bayview EAF Part I Review NP&V#01219 depression and consists almost entirely of freshwater wetland SO-39, with the wetland extending through the site and off site further east. Both wetlands have been delineated in the field by Jeffrey L. Seeman of Coastal Environmental Corporation and are depicted on the Cluster Subdivision Map submitted with the application. For future reference, it is recommended that the date the wetland delineation occurred be added to the plan. An additional depression located in the southern portion of the site is depicted as a freshwater wetland on the National Wetland Inventory prepared by the US Fish and Wildlife Service, although this map does not necessarily confer any regulatory authority. A site inspection of this area revealed that this is a natural depression, dominated by successional upland species. As depicted on the Cluster Subdivision Plan, the building envelopes within the proposed lots adjacent to the freshwater wetlands will be located more than 100 feet from the freshwater wetland boundaries. However, the proposed recharge basin will cause grading to within 25 feet of both freshwater wetlands, likely causing additional clearing of the naturally vegetated buffers closer to these environmentally sensitive features. The preservation of adequate upland vegetated buffers around wetlands is important because it stabilizes soil and provides filtration of stormwater overland flow thereby decreasing the loading of pollutants and/or sediments into the wetlands. The Planning Board may wish to consider requiring a significant larger natural buffer (ie., 100 feet) adjacent to these habitats in order to reduce potential impacts associated with development. Further, input and appropriate permits/letter of non-jurisdiction from the Town Trustees and NYSDEC should be obtained, particularly with regard to the location of the proposed recharge basin. The NYSDEC and Town Trustees regulate those activities within 100 feet of a designated freshwater wetland. It is recommended that the freshwater wetland boundaries be verified by the NYSDEC and Town Trustees, so that appropriate setbacks may be maintained and confirmed. Water Resources Public water is supplied to the general area by the Suffolk County Water Authority, although the site itself is not specifically connected to public water. The closest water main to the site is 12 inches in diameter and is located on the north side of North Bayview Road and Reydon Drive, located approximately 2,000 feet east of the site. An 8" diameter main is also located on the north side of Main Bayview Road, approximately 2,000 feet south of the site. The Main Bayview Road Well Field & Pump Station is located on the southwest corner of the Main Bayview Road and Avenue of Trees intersection, approximately 2,400 south of the project site. It is estimated that the 22 proposed residential lots will utilize approximately 6,600 gallons of water per day. It is recommended that the applicant contact SCWA for a determination of the availability of Public Water Supply for this project. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. NELSON. POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 6 • • Zoumas @ Bayview EAF Part I Review NP&V#01219 The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. Therefore, the allowable nitrogen bearing flow for the overall 48.21 acres site is 28,926 gpd, or somewhat less once surface water and wetlands are omitted from the computation. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: Single family dwelling 300 gpd x 22 dwellings 6,600 gpd Therefore, the proposed application would conform with Article VI of the Suffolk County Sanitary Code and would not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. The elevation of groundwater beneath the subject site is less than 3 feet above mean sea level (msl) according to the 1999 SCDHS water table map. The topographic elevation on site ranges from approximately 2-33 feet above msl, based on the Cluster Sketch Plan. Therefore, the minimum depth to groundwater is approximately 0-30 feet. The direction of groundwater flow is expected to be lateral and toward the nearest surface water north and west of the site. The depth to groundwater on site is not expected to have significant constraints on the location of septic systems within the proposed residential lots, as these lots are located at a minimum elevation of approximately 14 feet above msl. A standard, three pool septic system typically requires a minimum depth to groundwater of approximately 9-10 feet to allow adequate depth for leaching. All lots will be expected to have obtained SCDHS approval prior to construction. Ecoloeical Resources The majority of the site contains successional and mature woodland, with areas dominated by early successional pioneer species. The site is part of a relatively large contiguous block of woodland and is expected to support a variety of wildlife species including birds, mammals and amphibians. No rare, threatened or endangered plants were observed on site. The NY Natural Heritage Program (ECL 9-1503) was contacted to determine if there is any record of rare plants or wildlife in the vicinity. The Program does not identify this area as a Significant Wildlife Habitat, however lists one threatened vascular plant, four endangered vascular plants, one endangered amphibian, and one endangered beetle on or in the immediate vicinity of the site. With the exception of the tiger salamander (endangered amphibian) and minute duckweed (endangered vascular plant), the above referenced species have only historical records in the vicinity and were last observed between 1924 and 1937. Although the site may contain suitable habitat for some of these species, the historical records make it unlikely that they are currently present in the area. Both the tiger salamander and minute duckweed were observed in an unidentified pond near Reydon Shores. The wetlands on and adjacent to the site are expected to contain suitable breeding habitat for this species. The NYSDEC typically requires that 50 percent of woodland vegetation be retained within a 1000' radius of a tiger salamander breeding pond, It is recommended that surveys of the on-site ponds be conducted to determine the ir NELSON. POPE 6 VOORHIS.LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 7 • • Zoumas @ Bayview EAF Part I Review NP&V#01219 suitability of habitat for the tiger salamander; should the ponds and surrounding contain suitable habitat, it is further recommended that surveys be conducted to determine the species presence. As the wetland habitats will remain, no direct impacts to minute duckweed would be expected if this species is present. The proposed project will result in clearing of a large portion of the property, causing localized impacts to vegetation and wildlife. Clearing and development impacts to vegetation and wildlife are cumulative and need to be taken into consideration. It is anticipated that the entire northern and eastern portion of the site within lots 5 and 6 will remain natural. As previously stated, the Board may wish to consider reducing the lot sizes for these three lots to conform with the remainder of the subdivision and preserve the remainder of these lots as open space. Cultural Resources The site is currently vacant undeveloped land, dominated by mature woodland and areas of early successional growth, and views of the site interior area limited under existing conditions. Although a vegetation buffer will remain along the North Bayview Road frontage, the proposed project will result in clearing of natural vegetation currently screening the site, potentially resulting in aesthetic impacts. Additionally, potential impacts with respect to open space and recreational resources have been identified. The site does not contain any currently documented historically and archaeological significant resources, although is depicted on the NYS Office of Parks, Recreation and Historic Preservation (NYS OPRHP) Circles and Squares Map as being located within an area or in close proximity to an area of archaeological sensitivity. The NYS OPRHP was contacted to determine the archeological/historical sensitivity of the site. Correspondence from NYS OPRHP is attached herein and indicates that there is an archeological site in or adjacent to the project area warranting the completion of a Phase I archaeological survey. SUMMARY In conclusion, the proposed application would create 22 residential lots, which would generally conform to the character of the area. The site contains significant environmental features that would limit residential development, which do not appear to be protected to the maximum extent practical as currently proposed on the Cluster Subdivision Map. Further, the submitted cluster design allocates the entire subject parcel into individual lots, recharge areas and internal roadways, and no permanent preservation of open space has been indicated at this time with the exception of a 50 foot natural buffer within individual lots along the length of North Bayview Road. The proposed project will increase wastewater generation, solid waste generation and water use, in addition to increasing taxes which would be distributed to the various jurisdictions. The site is expected to increase the number of trips entering and exiting the site; the potential for cumulative impacts exists. Significant impacts to the on-site wetlands would be expected as a result of the proposed recharge basin in addition to impacts resulting from construction in areas of steep slopes. Impacts to ecological resources are also expected, with the potential for the development to impact an endangered species. Further, the potential cumulative impacts of this �r NELSON.POPE 6 VOORHIS.LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 8 Zoumas @ Bayview EAF Part I Review NP&V#01219 project combined with the Forestbrook at Bayview subdivision application and other subdivision applications in the immediate area should be considered. It is recommended that further review be conducted with regard to cultural resources involving a Stage IA and Stage IB Cultural Resources Survey for areas which will be developed. Recommendations or findings of this report that the planning Board may wish to consider are listed below: 1. A natural buffer of approximately 50 feet in depth will be retained within the individual lots along the length of the North Bayview Road frontage. However, as this vegetative buffer is part of the proposed lots, it may be difficult to maintain as natural and the Planning Board may want to consider the proposed vegetative buffer area as dedicated open space. 2. The Planning Board may wish to consider requiring a significantly larger natural buffer(ie., 100 feet) adjacent to the wetland habitats in order to reduce potential impacts associated with development. 3. The NYSDEC and Town Trustees regulate those activities within 100 feet of a designated freshwater wetland. It is recommended that the freshwater wetland boundaries be verified by the NYSDEC and Town Trustees, so that appropriate setbacks may be maintained and confirmed. 4. Similar to the natural buffer proposed within the individual lots along North Bayview Road, the natural areas within lots 7, 10 and 15 may be difficult to maintain; as such, the Planning Board may wish to consider reducing the lot size of these three lots in conformance with the remainder of the subdivision such that these areas may be preserved as open space. 5. Since access to the community is restricted, the proposed project may create a cumulative impact on critical intersections and a more detailed traffic impact study may be warranted. 6. It is recommended that slopes in excess of 15% be depicted on the subdivision map so that impacts may be assessed. 7. For future reference, it is recommended that the date the wetland delineation occurred be added to the plan. 8. It is recommended that the applicant contact SCWA for a determination of the availability of Public Water Supply for this project. 9. It is recommended that surveys of the on-site ponds be conducted to determine the suitability of habitat for the tiger salamander; should the ponds and surrounding contain suitable habitat, it is further recommended that surveys be conducted to determine the species presence. 10. Since access to the community is restricted, the proposed project in combination with other projects may create a cumulative impact on critical intersections and a more detailed traffic impact study may be warranted. The traffic impact study should also consider the effects of the project on these intersections should evacuation of the Hogs Neck peninsula become necessary. 11. The NYS OPRHP was contacted to determine the archeological/historical sensitivity of the site. Correspondence from NYS OPRHP is attached herein and indicates that there is an archeological site in or adjacent to the project area warranting the completion of a Phase I archaeological survey. Based upon this review, the impacts noted, and the opportunity to explore alternatives, the Board may wish to consider requiring a Draft Environmental Impact Statement (DEIS) through the issuance of a Positive Declaration. This would provide a means or documenting and analyzing potential impacts in an orderly review process which allows for consideration of mitigation and alternatives. If the Board finds that there are no potential significant adverse impacts, then a Negative Declaration could be considered; however, it is recommended that the items listed above be addressed. a NELSON, POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 9 Part 2 OJECT IMPACTS AND THEIR VGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. if Impact will occur but threshold is lower than example, check column 1. d. Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. I. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By Impact Impact Project Change 1 . Will the proposed action result in a physical change to the project site? ❑NO EYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ a Eyes 11 No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ N I<Yes ❑No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ ❑Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ 1.1 Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ 11 Yes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ []Yes []No • Construction in a designated floodway. ❑ ❑ Eyes ❑No • Other impacts ❑ ❑ Dyes []No 2. Will there bean effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)❑NO EYES • Specific land forms: nsnikaftai[E of Kerne ifm (DAPj/ralv ❑ 0Yes ❑No 6 • 2 3 IMPACT ON WATER Small to Potential Can Impact Be Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ONO AYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ NYes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes El No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes []No • Construction in a designated freshwater or tidal wetland. ❑ ❑ Eyes El No • Other impacts: ADTAcHAJr 1D A ❑ Wes EDN o Cnac Hui ATM W hter" 4 Will proposed action affect any non-protected existing or new body of water? §NO OYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ Dyes ❑No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes El No 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO IYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ Eyes ENO • Proposed Action requires use of a source of water that does not ❑ ❑ Eyes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ Eyes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ Eyes El No supply system. • Proposed Action will adversely affect groundwater. 0 ❑ GlYes El No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ Eyes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ Eyes El No day. • Proposed Action will likely cause siltation or other discharge into an ❑ Eyes ❑No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑Yes El No rr products greater than 1,100 gallons. f, • Proposed Action will allow residential uses in areas without water Yes []No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ []Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ Eyes Ell No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO ■YES Examples that would apply to column 2 • Proposed Action would change flood water flows. 7 ❑ t El ::]Yes []No 1 2 3 Small to Potential Cana Mitigated By Large Project Change Impact Impact ❑ ❑ ❑Yes ONO • Proposed Action may cause substantial erosion. ❑ a Eyes ONO • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ONO • Proposed Action will allow development in a designated floodway. ❑ ❑ Oyes ONO • Other impacts: IMPACT ON AIR DYES 7. Will proposed action affect air quality? ENO O ❑Yes ONO Examples that would apply to column 2 O • Proposed Action will induce 1,000 or more vehicle trips in any given hour. ❑ ❑ ❑Yes ONO • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. O ❑ ❑Yes []No • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. ❑ ❑ ❑yes ONO • Proposed action will allow an increase in the amount of land committed to industrial use. O ❑ ❑Yes ONO of industrial • Proposed action will allow an increase in the density development within existing industrial areas. ❑ ❑ ❑Yes ONO • Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered ONO EYES species? Examples that would apply to column 2 ❑ � .Yes ONO • Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. ❑ ayes ONO • Removal of any portion of a critical or significant wildlife habitat. ❑ 13 ❑Yes ONO • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Cl ❑ ❑Yes ONO • Other impacts: 9 Will Proposed Action substantially affect non-threatenedOor AYES non-endangered species? Examples that would apply to column 2 ❑ ❑ ❑Yes ONO • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. O e Eyes []No • Proposed Action requires the removal of more than 10 acres of mature forest (over loo years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? DYES Examples that would apply to column 2 ❑ ❑ []Yes 11 NO • The proposed action would sever, cross or limit access to agricultural rd, orchard, etc.) land (includes cropland, hayfields, pasture, vineya 8 • "E [lYes 3 an impact Be Mitigated By roject Change • Construction activity would excavate or compact the soil profile of ❑Yes ❑Noagricultural land. ❑Yes ❑No• The proposed actionwould irreversibly convert more than 10 acresof agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. ❑Yes ❑No• The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) ❑ ❑ []yes ONO • Other impacts: IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? ONO EYES (if necessary, use the Visual EAf Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 ❑ ❑ []Yes No • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. NYes El No • Proposed land uses, or project components visible to users of ❑ aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. ❑ AYes ONO • Project components that will result in the elimination or significant screening of scenic views.known to be important to the area. ❑ ❑ ❑Yes NO • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO EYES Examples that would apply to column 2 El ❑ye5 ONO • Proposed Action occurring wholly or partially within or substantially ❑ contiguous to any facility or site listed on the State or National Register of historic places. ❑ Eyes ONO • Any impact to an archaeological site or fossil bed located within the project site. 'dYes []No Proposed Action will occur in an area designated as sensitive for ❑ archaeological sites on the NYS Site Inventory. ❑ ❑ ❑Yes ENO • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? AYES Examples that would apply to column 2 ONO ❑ ❑ Eyes ❑No • The permanent foreclosure of a future recreational opportunity. ❑ MYes ONO • A major reduction of an open space important to the community. ❑ ❑ ❑Yes []No • Other impacts: 9 • 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change IMPACT ON.CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique character- istics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g) 2 ONO DYES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 ❑ ❑ ❑Yes ENO • Proposed Action to locate within the CEA? ❑ ❑Yes ONO • Proposed Action will result in a reduction in the quantity of the resource? ❑ ❑ ❑Yes ❑No • Proposed Action will result in a reduction in the quality of the resource? O ❑ []Yes ❑No • Proposed Action will impact the use, function or enjoyment of the resource? ❑ ❑ 7—Yes ONO • Other impacts: IMPACT ON TRANSPORTATION 15 Will there be an effect to existing transportation systems? ■YES Examples that would apply to column 2 ❑ ❑ ❑Yes F-1 No • Alteration of present patterns of movement of people and/or goods ❑ ■ rYes ONO • Proposed Action will result in major traffic problems. ❑ *Yes ❑No • Other impacts: ccst6r4ra e►rttsc k�s6c Ala IMPACT ON ENERGY 16 Will proposed action affect the community's sources of tuel or �YES energy supply? Examples that would apply to column 2 ❑ r-7 []yes ❑No • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. ❑ Eyes [:]NO • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. ❑ ❑ ❑Yes ❑N • Other impacts. 10 • 2 3 NOISE AND ODOR IMPACTS Small to Potential Can Impact Be 17 Will there be objectionable odors, noise, or vibration as a result Moderate Large Mitigated By of the Proposed Action? ONO OYES Impact Impact Project Change Examples that would apply to column 2 ❑ Ey ❑No • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ facility. ❑ ❑ ❑Yes ONO • Odors will occur routinely (more than one hour per day). ❑ Eyes ONO • Proposed Action will produce operating noise exceeding the local ❑ ambient noise levels for noise outside of structures. ❑ Eyes ❑No • Proposed Action will remove natural barriers that would act as a ❑ noise screen. ❑ ❑ Dyes ONO • Other impacts: IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ONO ❑YES Examples that would apply to column 2 El ❑ Eyes ONO • Proposed Action may cause a risk of explosion or release of hazardous substances(i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. ❑ ❑ Dyes ❑No • Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) ❑ ❑Yes 11 No • Storage facilities for one million or more gallons of liquified natural ❑ gas or other flammable liquids. ❑ ❑Yes 0 N • Proposed action may result in the excavation or other disturbance 11 within 2,000 feet of a site used for the disposal of solid or hazardous waste. ❑ ❑ ❑Yes ONO • Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affect the character of the existingcommunity?oomm�YES Examples that would apply to column 2 Eyes ONO • The permanent population of the city, town or village in which the El ❑ project is located is likely to grow by more than 5%. ❑ ❑Yes ONO • The municipal budget for capital expenditures or operating services ❑ will increase by more than 5% per year as a result of this project. ❑ Eyes ONO • Proposed action will conflict with officially adopted plans or goals. •❑ ❑ ❑Yes ONO • Proposed action will cause a change in the density of land use. El ❑Yes ONO " • Proposed Action will replace or eliminate existing facilities, structures El or areas of historic importance to the community. ❑ ❑Yes ONO • Development will create a demand for additional community services (e.g. schools, police and fire, etc.) ❑ ❑Yes ENO • Proposed Action will set an important precedent for future projects. 1 ❑ Dyes ❑No • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ❑No • Other impacts: 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO EYES If any action in Part 2 is Identified as a potential large impact or if you cannot determine the magnitude of Impact, proceed to Part 3 1i PLANNING BOARD MEMB «U0* 4 p.0. Box 1179BENNETT ORLOWSKI,JR. Town Hall, 53095 State Route 25 Cha rman Southold, New York 11971-0959 WILLIAM J.CREMERSTele hone (631) 765-1938 KENNETH L.EDWARDS Fax (631) 765-3136 GEOR E RITCHIE LATHAM,ICHARD CAGGL4N0JR PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 24, 2002 Mr. Charles Cuddy, Esq. PO Box 1547 Riverhead, NY 11901 Re: Major Subdivision for Zoumas @ Bayview Environmental Assessment Review Fee SCTM# 79-4-17.14 & 17.17 Dear Mr. Cuddy: The Environmental Assessment Review Report prepared by Nelson, Pope &Voorhis, LLC. for the proposed action is complete. The fee for the review is $750.00. In December of 2001, a SEQR fee of$500.00 was received. Please remit the remaining $250.00 fee to the Planning Board office at your earliest convenience. The proposal outlining the provided services and associated cost of the Environmental Assessment Review Report is attached for your perusal. Sincerely, XMark Te ' t j Senior Environme Planner MAY U 62002 Southold Town Enc. Planning Board- PLANNING BOARD MEMB ��S�FFO(,f cQ • BENNETT ORLOWSKI,JR. =.rte � P.O. Box 1179 / Chairman Town Hall, 53095 State Route 25 co yEDWARDS Southold, New York 11971-0959 KENNETH L. DWAR WILLIAM J. S W Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax (631) 765-3136 H RICARD CAGGIANO y�Ql •AaO� PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 24, 2002 Mr. Charles Cuddy, Esq. PO Box 1547 Riverhead,NY 11901 Re: Major Subdivision for Zoumas @ Bayview Environmental Assessment Review Fee SCTM# 79-4-17.14 & 17.17 Dear Mr. Cuddy: The Environmental Assessment Review Report prepared by Nelson, Pope & Voorhis, LLC. for the proposed action is complete. The fee for the review is $750.00. In December of 2001, a SEQR fee of$500.00 was received. Please remit the remaining $250.00 fee to the Planning Board office at your earliest convenience. The proposal outlining the provided services and associated cost of the Environmental Assessment Review Report is attached for your perusal. Sincerely, ark Te Senior Environmel Planner Enc. Jaz I ti NELSON, POPE & VOORHIS, LLC II� CHARLES J.VOORHIS,CEP.AICP•ARTHUR J.KOERBER,PE. •VINCENT G.DONNELLY,,PE. VICTOR BERT,PE•JOSEPH R.EPIFANIA,P.E.•ROBERT C.NELSON,JR.,PE, PAUL M.RACZ,PLS. April 17, 2002 Mark Terry Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Town of Southold, SEQRA Review Zoumas Subdivision,Hogs Neck NP&V#01219 Dear Mark: Thank you for contacting NP&V for services in connection with SEQR review and the implementation of the above referenced project. The following services and fees are proposed: 1. Inspect property and area to determine environmental resources and characteristics. 2. Review Part I Environmental Assessment Form(if available). 3. Prepared Part II Environmental Assessment Form. 4. Prepare detailed environmental planning review of the subject application. Feed $750.00 5. Review supplemental information submitted by the applicant in support of the application. 6. Prepared recommendeddetermination of significance(if requested by Board). Fee: Time Rates Thank you for the opportunity to assist on this project. Please feel free to call should you have any questions. Respectfu11 submitted, NELS ,P o sG arles J. orhis, CEP, AICP APR 18 2buz Southold Town 111clAl"S Board 572 WALT WHITMAN ROAD. MELVILLE, NY 11747-2100 (631] 427-5665• FAX (631) 427L5620 • www.nelspnpp pe.cpm NELSON, POPE &. VOORNIS, LLC ENVIRONMENTAL PLANNING C O N S U L T 1 N G NPE II' CHARLES J,VOORHIS,CEP,AICP•ARTHUR J.KOERBER,PE.•VINCENT G,DONNELLY,RE. VICTOR BERT,PE•JOSEPH R.EPIFANIA,PE-ROBERT G.NELSON,JR.,PE. PAUL M.RAOZ,RLS. April 17, 2002 Mark Terry Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Town of Southold, SEQRA Review Zoumas Subdivision, Hogs Neck NP&V#01219 Dear Mark: Thank you for contacting NP&V for services in connection with SEQR review and the implementation of the above referenced project. The following services and fees are proposed: I. Inspect property and area to determine environmental resources and characteristics. 2. Review Part I Environmental Assessment Form(if available). 3. Prepared Part II Environmental Assessment Form. 4. Prepare detailed environmental planning review of the subject application. Fee: $750.00 5. Review supplemental information submitted by the applicant in support of the application. 6. Prepared recommended determination of significance(if requested by Board). Fee: Time Rates Thank you for the opportunity to assist on this project. Please feel free to call should you have any questions. Respectfull submitted, NELS ,P O S,� At "�` E, rtes J. orhis, CEP,AICP APR 18 2uuz '`'+ Southold Town Pic' ming Board 572 WALT WHITMAN ROAD, MELVILLE, NY 11 747-21 BB (B31] 427-5665• FAX (631) 427-5620 • www.nalsonpo pe.cam APR-17-2002 09:54 516 425 1257 P.01iO3 ). NELSON, POPE 6 VOORHIS. LLC 11 TIN ENVIRONMENTAL G.N'�.' tO w ABB (�13 )427-GS55 F4X (631) 427-5620 nPven IB0rIP0PGcem FAX COVER SHEET To; Mark Terry Phone: 765-1899 Fax: 765-1823 From: Shana Lacey Date: April 17, 2002 Re: Hogs Neck Milazzo, Greenport No. of Pages: 3 (including Cover) Comments: Please feel free to call should you have any questions or require any additional information. Sincerely, Shana APR-17-2002 09:55 516 425 1257 P.02iO3 i • NELSON. POI S VOORMIS, LLC 1 E N v I A ON M ON T A I 4 LIN N I N'G • C O N E U LT I N C CHARLESVICTOR BERT,P,EF• N JCSEPARTHUR I. O R EPIFANIARE.-R BERT G.NELSON,OA.P.E.LVPG FAVI.M.RAC"L.P.LS. April 17,2002 Mark Tetry Town of Southold Town Hall,53095 Main Road PO Box 1179 Southold,NY 11971 Re: Town of Southold,. SEQRA Review MU=o, Greenport NP&V#01220 Dear Mark: Thank you for contacting NP&V for services in connection with SEAR review and the implementation of the above referenced project. The following services and fees are proposed: 1. inspect property and area to determine environmental resources and characteristics. 2. Review Part I Environmental Assessment Fam(if available). 3. Prepared Part II Environmental Assessment.Form. 4. Prepare detailed environmental planning review of the subject application. Fee: $750.00 5. Review supplemental information submitted by the applicant in support of the application. 6. Prepared recommended determination of significance(if requested by Board). Fee: Time Rates Thank you for the opportunity to assist on this project. Please feel free to call should you have any questions. Respectfully submitted, N op & s,LL rhis,CEP.AICD 5712 WALT WHITMAN FICIAD, MIELMILLE; NY 11 747-21 B31)427-6665• FAX (631)427.5520• www nolo n0CPe.cam RPR-17-2002 09:55 516 425 1257 P.03iO3 • NELSON. Pop. & VOORNIS, LLC t C N V I P O N M 0 N T A L - P L A N N I IN • C O N O N L T 1 N 0 'I CHARLES j,vOORHIS. BERT.RE.EVJOSEPH R?EPIFRN ARHUR J- OO PE.-R66EPT 0.NELSON.JR.. P E. P C PAUL M,RACZ,P.L.S. April 17.2002 Mark Terry Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold.NY 11971 Re: Town of Southold.SEQRA Review Zoumas Subdivision.Hogs Neck NP&V 001219 Dear Mark: Thank you for contacting NP&V for services in connection with SEQR review and the implementation of the above referenced project. The following services and fees are proposed; 1. Inspect property and area to determine environmental resources and characteristics.. 2. Review Part I Environmental Assessment Form(if available). 3. Prepared Part R Environmental Assessment Form 4. Prepare detailed environmental planning review of the subject application. Fee: $750.00 5. Review supplemental information submitted by the applicant in support of the application. 6. Prepared recommended determination of significance(if requested by Board). Fee: Time Rates Thank you for the opportunity to assist on this project. Please feel free to call should you have any questions. Respectf,ul! submitted, lourft,LLQ NELS PG les J. rhis,CEP,AICD 5711i WALT WFOT.MAN RDAD. MELVILLE. NV 11747-E!1 B6 18311 A27-5565• PAR 1631)427-BB20 •www.neleonpw Pe.com TOTAL P.03 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 PO.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net April 16, 2002 Mark Terry Environmental Planner yy Planning Department C w Town of Southold Main Road Southold, NY 11971 APR 18 2uu/ Re: Zoumas Contracting Corp. Subdivision at Bayview Southold Town Perino Subdivision, Main Road, Mattituck Planning Board Dear Mr. Terry: I understand that we will discuss applications for Zoumas Homes at Bayview and for the Perino Subdivision on Main Road, Mattituck at next Monday's work session. Please confirm to me that this is correct. Thank you. Very truly yours, 0" �f 2 / Charles R. Cuddy CRC:cg CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369'$200 P.O. Box 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: crcuddy@earthlink.net March 25, 2002 Mark Terry 4 le► ` Environmental Planner Planning Department Town of Southold MAR 4 6 42W Main Road Southold, NY 11971 Southold Town Re: Zoumas Contracting Corp. Subdivision at Bayview Dear Mr. Terry: I received your letter indicating that a Phase I Archaeological Survey is now required. Your records should show that when this subdivision was submitted,for nearly a year and a half,the Town placed in question the use of tap roads adjoining the subdivision. When two separate title companies indicated these roads were privately owned, the subdivider submitted a yield map. Then concerns were raised over the recharge basin and possible wetlands. Subsequently, for a period of nearly five months, there was no one available to seriously address the subdivision plan. Then the applicant was requested to complete a Water Supply Narrative Request, an attachment to the Long Environmental Assessment Form. Now, the applicant is being requested to do an Archaeological Survey. At best, this application process has been piecemeal. It is not unfair to request an indication of the direction in which the Planning Board proposes to proceed and what, if any, additional requirements must be met before the applicant can proceed with the yield map end preliminary approval I suggest that we confer and that this matter then be placed on the Board's agenda so that the applicant can obtain a sense of the Board's requirements and how it may successfully conclude the subdivision process. Very �truly yours, Charles R. Cuddy cc: John Zoumas CRC:cg r CHARLES R.CUDDY 13� ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O. Bo= 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: crcuddy@earthlink.net March 22, 2002 Mark Terry Environmental Planner Planning Board Town of Southold 1'JAK z6 2002 Main Road Southold, NY 11971 Southold Town Re: Zoumas Contracting Corp. subdivision Planning Board Dear Mr. Terry: Enclosed please find an attachment to the Environmental Assessment Form pertaining to the water supply. This has been completed by Thomas E. Wolpert, P.E. under date of 3/19/02 . Please make this part of the subdivision file. Thank you. Very truly yours, 0/Gs.Ys Charles R. Cudd Enclosure CRC:cg ti March 19, 2002 Attachment to Long Environmental Assessment Form (LEAF) ZOUMAS CONTRACTING CORP. at Bayview, T/O Southold, New York D. Informational Details and Water Sunnly Narrative 1. The existing site use is vacant, wooded land, ie. no existing occupancy, structures, sanitary flow or water use. The proposed site use is a residential community consisting of 22 single family homes together with the associated road and drainage systems. The proposed occupancy of the site, based on an average of 4 people per home, is 88 people. The proposed sanitary flow, based on 300 gallons per day (gpd) per home, is 6,600 gpd. The proposed water consumption, based on 300 gpd, is 6,600 gpd. 2. The proposed method of water supply is public water connection to an existing water main owned and maintained by the Suffolk County Water Authority (SCWA) near the site. The nearest public well field (SCWA) is situated more that 1,500 feet away and upgradient from the proposed sanitary systems. There are no known private water supply wells within 150' of the proposed sanitary systems. 3. A letter of public water availability has been requested from the SCWA (refer to Young & Young letter dated March 19, 2002). A response is expected in the near future. 4. Application to the Suffolk County Department of Health Services for approval to construct water supply and sewage disposal facilities has not been filed. 1 Page 2 March 19, 2002 5. The proposed water conservation measures include the following: a. the use of drought tolerant plants for landscaping, b. the preservation of existing native vegetative buffers, and C. the conservation of existing open space areas, ie. clustered lots. E. VERIFICATION I certify that the information provided is true to the best of my knowledge. Applicant/Sp o r Name 7 7`7 5 G� . Wol,Eerf Date Signatureiy �GD Title PLANNING BOARD MEMBERS O�pSSFFO(�cQ BENNETT ORLOWSKI,JR. �� G.y P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 WILLIAM J. CREMERS N Z Southold, New York 11971-0959 KENNETH L.EDWARDSQ/ .tC Telephone (631) 765-1938 GEORGEJR y-7Q1 �aO� Fax (631) 765-3136 RICHARD CAGG O PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 19, 2002 Mr. Charles Cuddy, Esq. PO Box 1547 Riverhead,New York 11901-0973 Re: Major Subdivision Zoumas at Bayview SCTM #1000-79-4-17.4 & 17.17 Dear Mr. Cuddy: The Town of Southold Planning Department is requiring a Phase I Archeological Survey of the above referenced property on recommendation of the New York State Office of Parks, Recreation and Historic Preservation. No seasonal constraints have been placed on the implementation of the study. A copy of the New York State Office of Parks, Recreation and Historic Preservation's March 6, 2002 letter outlining the protocols is attached. Please contact this office with any questions. Sincerely, k Terry Senio arrr Enviro ental Planner Enclosure Cc: Town of Southold Planning Board Town of Southold Town Board M9R-12-2002 11:09 • NELSON 8 POPE,LLP • 516 427 5620 J. P.02/11 �YION y yP� Y q 9 New York State Office of Parks,Recreation and Historic Preservation b Historic Preservation Field Services Bureau 518-237.8643 O NEW YORK ST47E Peebles Island, PO Box 189,Waterford, New York 12188-0189 eernadelte Casuo Commissioner March 6,2002 Shana M. Lacey Nelson,Pope&Voorhis,LLC 572 Walt Whitman Road Melville,New York 11747-2188 Dear Ms.Lacey: Re: SE Zoumas/Bayview Subdivision/ SCTM#1000-79-04-17.14& 17.17 Southold,Suffolk County 02PPI001 Thank you for requesting the comments of the Office of Parks,Recreation and Historic Preservation(OPRHP)concerning your project's potential impact/effect upon historic and/or prehistoric cultural resources. Our staff has reviewed the documentation that you provided on your project. Preliminary comments and/or requests for additional information are noted on separate enclosures accompanying this letter. A determination of impact/effect will be provided only after ALL documentation reouirements noted on any enclosures have been met. Any questions concerning our preliminary comments and/or requests for additional information should be directed to the appropriate staff person identified or. each enclosure. in cases where a state agency is involved in this undertaking,it is appropriate for that agency 10 determine vrnwher consultation should take place with OPRHP under Section 14.09 of the New York State Parks, Recreation and Historic Preservation Law. In addition,if there is any federal agency involvement. Advisory Council on Historic Preservation's regulations,"Protection of Historic and Cultural Properties" 36 CFR 800 requires that agency to initiate consultation with the State Historic Preservatior.Officer (SHPO). When responding,please be sure to refer to the OPRFIP Project Review('PR)number noted above. Sincerely, n Ruth L. Pierpont Director RLP.bsa ,f EnclOsure(s) ���,,,lll '''iiiSSl ' '40 0 ws O 10 An Equal Opportunity/Af irmatWe Action Agency MOR-12-2002 11:09 • NELSON & POPE,LLP • 516 427 5620 P.03/11 � s ARCREOLOGY COMMENTS 02PR1001 Based on reported resources, there is an archeological site in or adjacent t0 your project area. Therefore the Office of Parks, Recreation and Historic Preservation (OPRHP) recommends that a Phase 1 archeological survey is warranted for all portions of the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. If you consider the project area to be disturbed, documentation of the disturbance will need to be reviewed by OPRHP. 'Examples of disturbance include mining activities and multiple episodes of building construction and demolition. A Phase 1 survey is designed to determine the presence or absence of archeological sites or other cultural resources in the project's area of potential effect. The Phase 1 survey is divided into two progressive units of study including a Phase IA sensitivity assessment and initial project area field inspection. and a Phase IB subsurface testing program for the project area. The OPRHP can provide standards for conducting cultural resource investigations upon request. Cultural resource surveys and survey reports that meet these standards will be accepted and approved by the OPRHP- Our office does not conduct cultural resources surveys. A 36 CFR 61 qualified archeologist should be retained to conduct the Phase 1 survey. Many archeological consulting firms advertise their availability in the vellow pages. The services of qualified archeologists can also be obtained by contacting local, regtonal, or statewide professional archeological organizations. Phase I su-vevs can be expected to vary to cost per mile of right-of-way or by the number of acres impacted. We encourage you to contact a number of consulting firms and compare examples of each firm's work to obtain the best product. Documentation of ground disturbance should include a description of the disturbance with confirming evidence. Confirmation can include current photographs and/or older photographs of the project area which illustrate -the disturbance (approximately keyed to a project area map). past maps or site plans that accurately record previous disturbances, or current soil borings that verify past disruptions to the land. Agricultural activity is not considered to be substantial ground disturbance and many sites have been identified in previously cultivated land. If you have any questions concerning archeology, please call Mike schifferli at (S 18) 237-8643 ext, 3281. 03ia fro? M. Schiffer!! PLANNING BOARD MEMBERS o�pS�FFO[1t�,OG P.O. Box 1179 BENNETT ORLOWSKI,JR. Chairman G Town Hall, 53095 State Route 25 WILLL9M J. CREMERS N Z Southold, New York 11971-0959 KENNETH L.EDWARDS p .� Telephone (631) 765-1938 GEORGE 'JR. y�ol �aO� Fax(631) 765-3136 RICHARD CA GIAN0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth A. Neville, Southold Town Clerk From: Victor L'Eplattenier, Senior Plan Date: March 18,2002 Re: NYS Office of Parks, Recreation and Historic Preservation Correspondence Archaeological and Historical Sensitivity Attached please find correspondence from Nelson, Pope & Voorhis, LLC, pertaining to five sites, two of which are affordable housing sites currently under review for proposed zoning changes to AHD. This correspondence is being forwarded to you for your attention and any recommendations the Town Board may have regarding these sites. encl. rINR-1G-G0eIG 11•YJ7 IYCLbUN s YUI"b,LLY J16 4Z( JbGlO F'.Ulill NELSON. POPE & VOORHIS. LL µ , WIMPONNENTAL • PLANNING • CONSULTING (�,- PJB WALT MHITMAN ROAD.MELVILLE,, 11747- 2988 (631) 4275665 FAX (631) 427-te2o npv6nclaonpope.com FAX COVER SHEET To: Victor LaPlatnea Far: 765-1823 From: Shana Lacey Date: March 11, 2002 Re: NYS Office of Parks, Recreation and Historic Preservation Correspondence No. of Pages: 12 (including Cover) Continents: Victor, Attached please find the correspondence from NYS OPRHP with regard to archaeological and historical sensitivity on the following parcels/projec-ts: 2. Forestbrook, Bayview 3. Marine, Greenport 4. Skrezic, Peconic 5. Mattituck Housing, Mattituck Please feel free to call should you have any questions or require any additional information. Sincerely, Shana MAR-12-2002 11:09 NELSON & POPE,LLP 516 427 5620 P.01/11�` �(�A NELSON. POPE & VOORhIIS, LLC ENVIRONNENTAL • PLANNING • CONSULTING fb 572 WALT WHRMpN ROAD,WLVILLE.NY 11747-21 8B (891) 4275665 PAX (631) 427-^b620 npvcncleonpcpe.ocm FAX COVER SHEET To: Victor LaPlatnea Fax: 765-1823 From: Shana Lacey Date: March 11, 2002 Re: NYS Office of Parks, Recreation and Historic Preservation Correspondence No. of Pages: 12 (including Cover) Comments: Victor, Attached please find the correspondence from NYS OPRHP with regard to archaeological and historical sensitivity on the following parcels/projects: 1. 2. Forestbrook, Bayview 3. MaTine, Greenport 4. Skrezic, Peconic 5. Mattituck Housing, Mattituck Please feel free to call should you have any questions or require any additional information. Sincerely, Shana MOR-12-2002 11:09 NELSON 8 POPE,LLP 516 427 5620 P.02i11 .e 000N. � t New York State office of Parks,Recreation and Historic Preservation s Historic Preservation Field Services Bureau o ntwroaKsrAr: Peebles Island, PO Box 189,Watertord, New York 12188-0189 518-237-8643 Bemaaene Us= cnmmissione! March 6,2002 Shana M.Lacey Nelson,Pope&Voorhis,LLC 572 Wal:Whitman Road Melville,New York 11747-2188 Dea:Ms. Lacey: Re: SE RA Zoumas/Bayview Subdivision/ SCTM 1000-79-04-17.14& 17.17 Southold,Suffolk County 02PR1001 Thank you for requesting the comments of the Office of Parks,Recreation and Historic Preservation (OPRHP) concerning your project's potential impact/effect upon historic and/or prehistoric cultural resources. Our staff has reviewed the documentation that you provided on your project. Preliminary comments and/or requests for additional information are noted on separate enclosures accompanying this letter. A determination of impact/effdet will be provided only after ALL documentation requirements noted on any enclosures have been met. Any questions concerning our preliminary comments and/or requests for additional information should be directed to the appropriate staff person identified or. each enclosure. In cases where a state agency is involved in this undertaking,it is appropriate for that agency to determine whether consultation should take place with OPRHP under Section 14.09 of the New York State Parks,Recreation and Historic Preservation Law. In addition,if there is any federal agency involvement. Advisory Council on Historic Preservation's regulations,"Protection of Historic and Cultural Properies" 36 CFR 800 requires that agency to initiate consultation with the State Historic Preservation.Offieer (SHPO). Wher.responding,please be sure to refer to the OPRHP Project Review(PR)number noted above. Sincerely, Rut1 Ruth L.Pierpont Director RLP:bsd Enclosure(s) An Equal opportunity/Aftirmadve Action Agency &nd .n ter, Jm.. M9R-12-2002 11:09 NELSON & POPE,LLP 516 427 5620 P.03i11 J ARCHEOLOGY COMMENTS 02PR1001 Based on reported resources, there is an archeological site in or adjacent to your project area- Therefore the Office of Parks, Recreation and Historic Preservation (OPRHP) recommends that a Phase 1 archeological survey is warranted for all portions of the project to involve ground disturbance, unless substantial prior ground disturbance can be documented. If you consider the project area to be disturbed, documentation of the disturbance will need to be reviewed by OPRHP. Fxam pies of disturbance include mining activities and multiple episodes of building construction and demolition. A Phase I survey is designed to determine the presence or absence of archeological sites or other cultural resources in the project's area of potential effect. The Phase 1 survey is divided into two progressive units of study including a Phase IA sensitivity assessment and initial project area field inspection. and a Phase IB subsurface testing program for the project area. The OPRHP can provide standards for conductin-g cultural resource investigations upon request. Cultural resource surveys and survey reports that meet these standards will be accepted and approved by the OPRHP. Our office does not conduct cultural resources surveys. A 36 CFR 61 qualified archeologist should be retained to conduct the Phase 1 survey. Many archeological consulting firms advertise their availability in the yellow pages. The services of qualified archeologists can also be obtained by contacting local, regional, or statewide professional archeological organizations. Phase 1 surveys can be expected to vary to cost per mile of right-of-way or by the number of acres impacted. We encourage you to contact a number of consulting firms and compare examples of each firm's work to obtain the best product. Documentation of ground disturbance should include a description of the disturbance with confirming evidence. Confirmation can include current photographs and/or older photographs of the project area which illustrate the disturbance (approximately keyed to a project area map), past maps or site plans that accurately record previous disturbances, or current soil borings that verify past disruptions to the land. Agricultural activity is not considered to be substantial ground disturbance and many sites have been identified in previously cultivated land. if you have any questions concerning archeology, please call Mike Schifferli at (518) 237-8643 ext. 3281. 03io 1/02 M. Schifferli • • �6 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEWYORK Mailm Addrees: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: ercuddy@earthlink.net March 6, 2002 Planning Board Town of Southold Main Road MAR 0 7 2uuz Southold, NY 11971 Re: Zoumas Contracting Corp. Subdivision Southold Town Planning Board Gentlemen: Enclosed are five prints of the Yield Sketch Plan and five of a Cluster Sketch Plan, both of which are dated 2/28/02 . These plans are based on prior comments by the Board. If there is to be further revision, I trust you will advise me at the time you complete the SEQRA Report. Very truly yours, C40_IeL"�' G`tic ` 5 Charles R. Cuddy Enclosures CRC:cg • • 5v I Mr. and Mrs. Michael Keely ' 580 Goose Creek Lane P.O.Box 1937 Southold, N.Y. 11971 Ms. Valerie Scopaz Southold Town Hall P.O.Box 1179 53095 Main Road Southold, N.Y. 11971 Re:Forestbrook Subdivision (Section 79, Block 02,Lot 07) Zoumas Subdivision (Section 79, Block 04, Lots 17.17 & 17.14) Ms. Scopaz, As residents of Southold and specifically the Hog's Neck area, we are alarmed and dismayed by the proposed development of the parcels of land referenced above. While a lot of attention is being focused on the preservation of farmland, there isn't enough attention to the wildlife habitats that are under siege by the developers who only see dollar signs. Who cares where the many deer, rabbits, red fox, reptiles, birds, squirrels, etc. will take refuge when there is money to be made by clear cutting the woods they have lived in for thousands of years?Why would anyone consider the consequences of over taxing an already limited water supply when there is money to be made building houses with lawns that need watering and fertilizing, and cesspools that must filter into our aquifers?What is a field full of wild flowers compared to a fist full of dollars for those that can take the money and run? The answers to those questions are obvious. The careful and considerate are those who put a value on the quality of life that has been our privilege here in Southold. Those who believe that our collective legacy as a community should be judged by what we didn't build; that viewing old pictures hanging in Town Hall of what Southold used to be can't be good enough, no matter what the selling price;that the phrase"Southold as it still is" can be in our future dialogue. We urge you to be careful and considerate of all that is special about Southold as you review these proposals. The future of Southold is, and should always be, tied to it's past. Whether or not the past will be tangible experience tomorrow, or just old photographs and memories, lies with you, today, while choices still exist. Sincere an i s. c FEB z 8 2002 Southold Town Planning Board REVED rp SA, CEI STOP DEVELOPMENT AND THE DESTRUCTION OF WOODLANDS P Q P P) FEB 1 1 2002 FORESTBROOK SUBDIVISION (SECTION 79, BLOCK 02, LOT 07) MT SECTION 79, BLOCK 04, LOTS 17. 17 & 17. 14) Southold Town Clerte the undersigned oppose the above mentioned proposed major subdivisions due to the negative impact that they will have on local wildlife, schools, roads,beaches and water supply. We encourage the Town to aggressively employ it's resources toward the preservation of these parcels and other woodland areas. oW� G � D� N i C 1 , ✓ , 1 �- Or, �Slvo 3��►, rl1/� s��o%I/ll�t/ //�7i -V )'N C— C. A 6,As- L D E: I- tv b of L , So yr 3 T r- ✓X S kikJ cMG l V1(Ly\ 11 SCI^ IJV (Y�ILq r l 2 SOC u l _IV it tl -7l - � c RECENED" ` cc -78 STOP DEVELOPMENT AND THE DESTRUCTION OF WOODLANDS TR PB FEB 1 1 2002 FORESTBROOK SUBDIVISION (SECTION 79, BLOCK 02, LOT 07) ZOUMAS SUBDIVISION (SECTION 79, BLOCK 04, LOTS 17. 17 & 17. 14) Outhold Town Clerkwe the undersigned oppose the above mentioned proposed major subdivisions due to the negative impact that they will have on local wildlife, schools,roads, beaches and water supply. We encourage the Town to aggressively employ it's resources toward the preservation of these parcels and other woodland areas. 1/,7—,� �. � �3�Nd AnvriiE-a) ,Pfty Sud-/faLA Ak4acvAGq/ W 71 2, So W A44 cr, CS G�Dtlf2 -AL 990 O b G .ems 1✓><.aL �r N44 4/T- dl�I r • gUFFO(,� • PLANNING BOARD MEMBERS OHO CO BENNETT ORLOWSKI,JR. �`Z` P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 WILLIAM J. CREMERS w Z Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGEGGIANo y'1101 .#��� Fax(631) 766-3136 RICHARD CA PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 5, 2002 Charles Cuddy, Esq. 445 Griffing Avenue Riverhead,New York 11901 Re: Zoumas Contracting Subdivision at Bayview SCTM# 1000-79-4-17.4 & 17.17 Completion of Revised Environmental Assessment Form Section D. Informational Details and Water Supply Narrative Dear Mr. Cuddy: Water supply and quality within the Town of Southold is a serious community issue. Public water supply, although provided by the Suffolk County Water Authority, is determined through the current and projected use of the community. To date, the supply does not meet the demand, however,water use is controlled by an individuals' actions and can often be mitigated through numerous water conservation measures implemented during the planning process. Water quality is very difficult to control. Although point source pollution can usually be traced to its origin, non-point source pollution is boundless and one of the largest threats to local environmental and community health. Non-point source pollution has been identified as the primary cause of water quality degradation in more than 90 percent of New York State's impaired water bodies. In the Town of Southold, localized well and surface water contamination already exists. Consequently, the Town of Southold Planning Board in cooperation with the Suffolk County Water Authority now requires the completion and submittal of the attached Environmental Assessment Form, Section D. Informational Details and Water Supply Narrative as part of the SEQR review process. Until a completed Environmental Assessment Form, Section D. Informational Details and Water Supply Narrative is submitted, applications will be considered incomplete and the SEQR review will not proceed. Sincerely, Bennett Orlowski Jr. Chairman Enclosure ' D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated withyour proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. 1. Provide explanation of existing site use, occupancy, structures, sanitary flow, water use; compare to proposed use, occupancy, structures, sanitary flow, water use. 2. Indicate the source of water supply, nearest public water main, nearest public well field, and adjacent private wells (if known). 3. If public water supply is proposed,indicate_the ability of the water utility to provide water supply to the project. Provide letter of water availability or detailed explanation of status of review by water utility. 4. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. 5. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts (If any). Conservation measures should include,but not be limited to: a. The use of drought tolerant plants for landscaping. b. The preservation of existing native vegetative buffers. c. The conservation of existing open space areas. d. The implementation of"natural' stormwater management practices (grass swales, filter strips,created wetlands, etc...). E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 6 v i s it 9 Sou CHARLES R.CUDDY , ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address; TEL: (631)369-82100 P.O. Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net January 30, 2002 Planning Department Town of Southold Main Road Southold, NY 11971 Re: Zoumas Contracting Corp. Subdivision at Bayview, Southold Gentlemen: Please advise of the status of the SEQRA review which was commenced on December 11, 2001. We would like to place this matter before the Board for sketch plan approval. Very truly you/rss,, (�n o Charles R. Cuddy CRC:cg D JAN 312002 godWdTown P1anntngBOrd �i 1/26/02 Southold Town Hall PO Box 1179 Southold NY 11971 Attn: Joshua Horton Town Supervisor ale ' copes Town Plane Subject:FORESTBROOK SUBDIVISION AND ZOUMAS SUBDIVISION These two subdivisions are another indication of poor town planning. You should take a trip to Medford NJ a Waal farm area where lots of homes have been built. The homes are not put on 2&5acre plots,but the builders are required to put in playgrounds,parks,walks,large streets with sidewalks etc.With the building that is going on in our area you can no longer just maintain a rural setting.You have to adjust.You can't have your cake and eat it. Take a good look at the Map attached. In only one area have the homeowners given back one acre for each home built on for open space. In my area there are 15 homes that have not given any thing back to open space,which would be an additional 10—12 acres. In the areas next to these two proposed subdivision's no one gave any space back. This would amount to over 150 acres. If you will drive over to Hogs Neck Bay you will find practically no open space, and the area&homes over run with deer.Everyone wants open space,but that cost money. Some people even like open space to dump there yard waste in. Why go to the dump as they should do.. Where will all the deer go(in my back yard the herd is over 30)when these two sub divisions go in? Is the builder going to be required to remove all of them to upstate NY? Is he going to be required along with the other home owners to widen all of Bay view Road with sidewalks etc so you can safely go for a walk... Is he going to put one acre per home back into open space as 7 of my neighbors did on Bay view road?If he does not,my neighbors with 15 acres will sell and move and the town will lose another 12 acres of open space. The town has money for a Roller Hockey Rink but none for the Sr. Citizens Home. Instead of upgrading the dog pound in small amounts you went to outside contractors.The new schools went way over budget. The police dept wants more as does everyone else.The taxes go up and up but for those of us in the private sector our disposable income goes down. Those in the public sector get more and seem to think there is always more money around and if not bond it. The results always appear to be the same.Not anything to brag about. Something is wrong with our towns planning and it appears you have inherited a mess of problems. Here is an opportunity to take a stand. Maybe you should buy the property or just not issue a pesince there are some series issues like"water"and the environment impact. L&rry-et�—Goose Creek e 1.7 Acre(1 acre open space)east of Forestbrook D - . 42920bc D 7 SoutholdTown '�'� 2 9 D Planning Board suPeRvisoss c riCE TOWN Of cOUTHOLD m ;':� v��,@c+rwDDD °�Ror •' F,-N _ z , i rl DR. •s°r FK p A $4r r r •y � ` SFr 5 � � rrk ' O � ,_ RD a°• m b p � c"' e a• rp CCC G � r f aro•. /• u T a >r 4i. Of .rvry ° � � G r r s a N4 WItu F a x d G e aj y a v 14, ^TOPS4q � E w L m f p G u p p� ! G � . 5., �, x .a •- wu a LS •°Nq'1°MrEq 4p LA. rsa•I V f BRIGANTINE �� nv 9 � ;:is m p �, F gn ® ar -p e p j a s@ 4 p pap • F G O1 R 9 4 Y k F F F .faF @ � .._ e G 3 R ffib 9 K: rso�r t �- Michael Sr. and Judi Fouchet 1075 Ships Dr. Southold, NY 11971 631-765-6018 Mr. Mark Terry, Town PlannerJanuary 21, 2002 Southold Town Hall Main Rd. Southold,NY, 11971 VJ"t4 Dear Mr. Terry: This letter is in reference to the proposed subdivision by Zoumas Contracting that falls between the south side of Ships Drive and Harbor Lights. We are opposed to this subdivision for several reasons. The first and foremost is that we are opposed to large scale, quick development in general. Secondly, we are opposed to developers who buy huge tracts of land, insist on building carbon copy, medium quality houses, without any real concern for the impact on the town or the environment. Finally, we are extremely concerned with the impact that this development as well as the others planned in the Bayview area will have on the local wildlife. It is no secret that the deer population is tremendous. This is extremely evident on the Bayview peninsula. We are concerned as to where the deer will go next. We have nightmares about deer roaming the streets and starving to death while our children watch. We are worried by the thought that many squirrels, raccoons, turtles, snakes, salamanders, owls and foxes will be displaced from their homes and that there are few places left for them to go. We are saddened by the fact that our children will not be able to appreciate the nature around them that has always been so much a part of life in Southold. Much time and energy has been put forth by our government to preserve the farmlands of our community. Somewhere, somehow, the wooded areas have been neglected and there are precious few acres left. We believe that anymore development in the wooded areas of Southold must be carefully explored, especially "unnatural" development that occurs when a developer comes in and builds 22 huge houses in 8-12 months. The street we are on took 30 years to have approximately 17 houses built on it. This is more "natural" development and a little bit more palatable. Better yet would be total preservation through purchases by the Town. We hope that you and the Town Board will look at these issues very closely before allowing anymore destruction of our wooded areas. We also hope you will look into ways to make this type of development much less appealing for the outsiders who have come to our town and hit a gold mine. When there are no animals left and our water resources are limited and our school needs even more classrooms, these developers will be long gone with our money and our town will never recover from their intrusion. Thank you for your time. Sincerely, / Michael d Judt Fouchet c: Southold Town Board • • b�. O\T Mr. Michael Fouchet, Jr. 1075 Ships Dr. Southold,NY 11971 631-765-6018 Mr. Mark Terry, Town Planner January 21, 2002 Southold Town Hall Main Rd. Southold,NY, 11971 Dear Mr. Terry: I am writing to you about all of the wooded areas in our town that are being torn down so houses can be built. For example, behind my house, my parents have told me that there will be about 20 houses built in the woods. One of my concerns is that kids will not have any place to go to play and explore nature and wildlife. Another concern is that the animals will have no place to go and no place to live. Some of the animals that I am used to seeing around my house are: a lot of deer, squirrels, turtles, rabbits, owls, birds, raccoons, possums and my dad has even seen a fox. If developers keep building so many houses all at once in one place we will see a major decrease in wildlife. This makes me sad because wildlife and nature is one of the cool things about growing up in Southold. I think the town should try and buy this land and preserve it just like they are doing with farmland. It seems like all of the preservation seems to be about farmland and nobody seems to be doing anything about the wooded areas. I hope that you will consider this letter while making decisions about whether or not the woods can be torn down. Thank you for your time. Sincerely', 'Michael Fouchet, Jr. JAF JAN L 4 Z802 Bou WTown STEPHEN MILA 1 255 GOOSE CREEK LANE P.O. BOX 1 696 (631)765-6285 SOUTHOLD, NY 1 1971 FAX 765-1711 1/3/2002 Joshua Horton Southold Town Supervisor Town Hall, 53095 Route 25 PO Box 1179 Southold,NY 11971 11 FEB 0 202 RE: Proposed Major Subdivisions at Bayview Forestbrook- Section 79,Block 02,Lot 07 Southold Town Section 79,Block 04,Lots 17.17& 17.14 P1011139% 10Board Dear Mr. Horton, 11111 Congratulations on your stunning victory and welcome as our new Town Supervisor. My wife and I have made Southold our#1 vacation and weekend destination for 15 years and have had the pride and pleasure to call it home for the past year now. I am concerned and saddened by the prospect of the above mentioned proposed subdivisions. Living on Great Hog Neck I can attest to the strains of development and overcrowding on our area's wildlife, roads and beaches as well as the fragile and limited water supply. The addition of these nearly 40 new homes and the development of these parcels totaling over 80 acres will only add to the problems. I understand and agree with the priority placed on preservation of farmland and the farming way of life in Southold Town. At the same time, I encourage that the preservation of woodlands and wetlands be viewed with the same urgency. Among other things, these areas provide habitat to a great variety of residents and migrating visitors that predate not only the founding farmers but the Corchaugs as well. The subject lots are host to a tremendous number of these"locals". I know that you will be seeking a workable, balanced, solution to the preservation of Southold's greatness, and uniqueness on Long Island, in the form of revised laws effecting zoning and development. During this interim time, I hope that any proposed developments will be held to the highest,uncompromising, standard of compliance with all laws and policies currently on the books. I also hope that all resources, human and economic, will be aggressively employed to continue the town's Land Preservation programs with respect to staying potential developments. I am confident that you, now as chief steward of the town's future, along with the other elected officials and the team being assembled,will have the vision and fortitude to navigate safe passage through this critical juncture in Southold history. I thank you in advance for your time and consideration of my views. Sincerely, Stephen Milgri Southold Resident • zvoi PV CHARLES R.CUDDY 47 ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEWYORK MailingAddrese: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlinh.net December 21, 2001 r , Planning Board Town of Southold DEC 60" 2001 Main Road Southold, NY 11971 ` oat�?old Towpvl'. Re: Zoumas Contracting Corp. Subdivision �' FlyJiu Gentlemen: Enclosed please find a check in the amount of $500 payable to Southold Town in connection with the Southold Town Planning Board's environmental review. Very truly yours, C ( U,, '� Charles R. Cuddy Enclosure CRC:cg ci�_ �c 9/ Albert J. Krupski, President SUff�(� 0 Town Hall �V James King,Vice-President ��� C� 53095 Route 25 Henry Smith h� G' P.O.Box 1179 y� Artie Foster ti 24 Southold, New York 11971-095 Ken Poliwoda x �y • �_rft Telephone(631) 765-1892 �j01 � dao Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Bennett Orlowski, Jr., Chairman 4� tq FROM: Albert J. Krupski, Jr., President DATE: December 17, 2001 0E� RE: Proposed Major Subdivision Southold Town SCTM#1000-77,00rn�4&(5.�y✓�.t� Planning Board The Southold Town Board of Trustees visited the site to inspect the location and integrity of the freshwater wetlands. The Board was impressed by the quality of these wetlands and recommends a maximum setback of 100' to provide protection to what is a healthy, functioning wetland system. This is not a sump, and subdivision recharge should be directed elsewhere. Y r Submission Without a Cover Letter Sender: &4-M LL ZOvrngS �o J77�� .�1C Co - ✓Ayl/,E Subject: �O/zEST/�/zaD tC /tel �/i'EcJ / CL/ SCTM#: 1000- ✓r 9-y-117 y,1�7 1 Date.- Comments: ate:Comments: %7C- DEC 7C—DEC 17 2001 U14 Southold Town Planning Board 5/ j✓ G)�S�Y^c� cli G— 7 f SC%M�-79 -2-7 it S-c- rm �lq y✓i W C vEl C�. C v / z OrTu�'►1�tT 7 c, �5� k- `t�e I ft, �'Q .� aOs 3a"M#' ( a1ss�Ey R. ��YZY�soJ 763-TAilf-I8aYd16LJ 2D. S a u—�LDi nl7 Y1y71 S/!1 .Vesru .. O ?+y,na'v 16 9•-r 3 Sy' se ,vw�4 , Ny (/97/ 1 IdN � �oocl . tfs ou7►ou(2 N 13 /G / �1�' -lGC ZyC �'i G�y�elz�e�! .� fnZ �E:��V>1 2 11971 94U �Q Sam ✓�I// 1/ 111 lotOn ver RECEIVED 30 Pm DEC 72001 DEC 14 2001 ... k+V YhOYd YpWh CIBMt Southold Town P-ei Mina Board R Mr. Bennett Orlowski Jr. Chairman, Planning Board Southold, NY 11971 Dear Mr. Orlowski, December 12, 2001 1 recently found out from a neighbor that vacant land adjoining my property is being considered for development. I believe an environmental impact study is being prepared at this time. I wanted to let you know that I am adamantly opposed to this area being developed into a subdivision. When I bought an existing home in Southold 3 years ago, one of the reasons I decided on Southold was because there were still pockets of undeveloped land. I also believed the town wanted to maintain areas like this in an effort to not become another overbuilt south fork. The area near my house has always had poor water testings in the past. I know there is a moratorium on additional lines for town water. Since we don't have town water on N. Bayview, I wonder how the developer will be able to bring it into this area. If they are able to find a loophole, I feel strongly that the impact of a large number of houses will be devastating to the existing wells belonging to myself and my neighbors. I would also like to find out how I can be notified of upcoming hearings or other actions concerning this development. It was very disconcerting to find orange stakes on my property one day (including one on my marker next to an existing neighbor!)without having been notified that surveyors were going to be on my property. If this area is approved for development, I want to be apprised because it require me to reassess whether I want to stay in Southold or not. Thank you, V �j F� !/IMn4t, ` cR ManKith % Property address: DEC 1 $ 2001 4950 N. Bayview Mailing address: Southold Town 60 W. Broad St. Planning Board Apt. 4F Mt. Vernon, NY 10052 Post Office Box 1732 800 Goose Creek Lane P� Southold,NY 11971 December 12, 2001 15 Mr. Bennett Orlowski, Jr. Chairman, Planning Board Southold Town Hall P.O. Box 1179 Southold,NY 11971 Dear Mr. Orlowski, I wish to add my name to those who are questioning the desirability(and legality) of allowing extensive housing construction to proceed on Hog Neck in the vicinity of North Bayview and Jacobs Lane. I live nearby on Goose Creek Lane, adjacent to one of the proposed developments. The area consists of woods and/or open fields that are gradually growing into wooded terrain. Wildlife is well supported in these woods and fields. While I have no objection to individual houses being built as long as the rural character of the area is maintained, it is clear that extensive development would greatly diminish or even extinguish the wildlife population and lead to further"suburbanization"of Southold. The effect on the water table and waste clearing ability of the land also has to be considered. Based on existing zoning statutes, surely the Planning Board should be able to find ways of stopping these egregious proposals. Please do your utmost in this matter. Thank you. cerely, Howard Eilenberg (� i DEC 1 "/ 2UUI " Southold Town Planning Board --7! rt Tuesday,December 11,2001 Southold Town Planning Board Southold Town Hall Dear Planning Board, 7'V mks t(0 ) lIJ'- I live on the corner of North Bayview Rd.and am very concerned about over development in the Bayview,Hogs Neck area.My children and I walk in the woods between Jacobs Lane and Harbor Lights all yearound. These woods are Hill of all kinds of animals and trees,with no more room to roam. Deer,Red Fox raccoons,possums,birds,and many other animals will die off. The Zumas land has been surveyed and there are pink markers around some of the ponds,but what about the rest will they be built on? Too many houses means less clean water,more cars,less open space Have you been to local school board meetings? The school is so full now they need to build on again,or make changes elsewhere. I have lived here my whole life,and I love these woods,I invite you to come to my house and take a long walk with me,and maybe my children too, through these woods and see how wonderfully full of life they are. Please call me at 765-2041 Allison Schroeder Mahaffy 7705 North Bayview Rd. Southold NY 11971 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FFING AV ENUE RIVERHEAD,NEWYORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net December 11, 2001 Planning Department Town of Southold Main Road Southold, NY 11971 Re: Zoumas Contracting Corp. subdivision at Bayview, Southold Gentlemen: Enclosed please find four prints of a yield sketch plan as prepared by Young&Young under date of 12/10/01. This plan addresses the concerns expressed relative to the wetlands area at lot 21 and has reduced the yield by one lot. I believe the SEQRA analysis now commenced will confirm the freshwater wetlands as depicted on the map here presented. Please advise us of any additional information required to complete the SEQRA. Very truly yours, Charles Enclosures cc: Melissa Spiro (w/one print) CRC:cg -_ Southold goa d PLANNING BOARD MEMBERS �QSVFFD(�`+O BENNETT ORLOWSKI,JR. Town Hall, 53095 State Route 25 OQ.� Gyp Chairman P.O. Box 1179 WILLIAM J. CREMERS N Z Southold, New York 11971-0959 KENNETH L.EDWARDS k �► Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. ip Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 12, 2001 Mr. Charles Voorhis Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 Re: Review of EAF for Major Subdivision Zoumas Contracting Corp. at Bayview SCTM#1000-79-4-17.14 & 17.17 Dear Mr. Voorhis: The Southold Town Planning Board hereby refers the Environmental Assessment Form for the above-mentioned subdivision to your office for review. Also enclosed are: 1. Yield Plan dated April 27, 2001 & Cluster Plan dated June 20, 2001 2. Planning Board resolution dated December 11, 2001 The Planning Board is conducting the review under SEQRA prior to making a determination on the yield or on the layout of the proposed cluster subdivision. A cluster layout is preferred to a standard layout. However, the particular layout that is being proposed is not necessarily the layout that would mitigate potential environmental impacts. The purchase order will be sent to you under separate cover. Please contact this office if there are any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman Enc. 46) PLANNING BOARD MEMBERS O��gUFFO�,�c BENNETT ORLOWSKI,JR. 0/i Town Hall, 53095 State Route 25 Chairman �� P.O. Box 1179 WILLIAM J.CREMERSh Z Southold, New York 11971-0959 KENNETH L.EDWARDS �+' Al Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. �.y O`� Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11, 2001 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 RE: Proposed Major Subdivision Zoumas Contracting Corp. at Bayview North side of North Bayview Rd., approx. 200' west of Brigantine Dr., Southold SCTM# 1000-79-4-17.14 & 17.17 Zone: A-C Dear Mr. Cuddy: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, December 10, 2001: WHEREAS, the Planning Board has before it a proposal for a major subdivision for 22 proposed lots on 48.2 acres; and WHEREAS, the Planning Board has reviewed the yield map, dated April 27, 2001, but will be conducting a review under the State Environmental Quality Review Act (SEQRA) prior to making a determination on the yield; be it therefore RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Please contact this office if you have any questions regarding the above. Very truly yours, Jse Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS OgpFFO(,�c 0 Town Hall, 53095 State Route 25 Chairman BENNETT O I,JR. �Q� G.y� P.O. Box 1179 WILLIAM J.CREMERS Southold, New York 11971-0959 H Z KENNETH L.EDWARDS �+ Telephone (631) 765-1935 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11, 2001 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 RE: Proposed Major Subdivision Zoumas Contracting Corp. at Bayview North side of North Bayview Rd., approx. 200' west of Brigantine Dr., Southold SCTM# 1000-79-4-17.14 & 17.17 Zone: A-C Dear Mr. Cuddy: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, December 10, 2001: WHEREAS, the Planning Board has before it a proposal for a major subdivision for 22 proposed lots on 48.2 acres; and WHEREAS, the Planning Board has reviewed the yield map, dated April 27, 2001, but will be conducting a review under the State Environmental Quality Review Act (SEQRA) prior to making a determination on the yield; be it therefore RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Please contact this office if you have any questions regarding the above. Very truly yours, C> , Jle . Bennett Orlowski, Jr. �j Chairman CC I • • PLANNING BOARD MEMBERS 1�%13FF9J t A BENNETT O an I,JR. oro Gyp Town Hall, 53095 State Route 25 Chairman P.O. Box 1179 WILLIAM J. CREMERS Southold,New York 11971-0959 KENNETH L.EDWARDS �y ' �� Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Deco m6z II 2001 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 .the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Zouyncas COrl�rarkiNq Core . C C' (Ye i000-7q 4-17.H + P.7 Requested Action: cS a 50'V>&U%Siaw 22 io+s oro Nf?.2 acres SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: �6enrle, i" Orlowsk; , Sr. (631) 765-1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( �) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: ConA:,CkiN55 tF.e review vn&er 't6 fngk-,'N� ck5 r0-4rminalreO , an I),c - y14(c or on Tlhe. LaYov} o-C ,e pru,?oSe& a\vatr sobb;visiori . Ac\vsltr loyo.Sl is ere-veRcd-tu a sl Qe afs 61&1i NmAMWt,ZFt 't+ari tcvlgf tayvu't TF.ai- is bet..!!,, Rro?eses is not Tlw*" Please feel free to contact this office for further information. Very truly yours, Bennett Orlowski, Jr. Chairman cc: beard of Appeals # Board of Trustees Building Department Southold Town Board 4Suffolk County Department of Health Services " NYSDEC - Stony Brook U.S. Army GoFp of Engineers David Af3atel �cSuffolk County Water Authority *Maps are enclosed for your review *ART 1—PROJECT INFORMATIlki Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3, It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Zoumas Contracting Corp. — Subdivision Map LOCATION OF ACTION(Include Street Address, Municipality and County) North Bayview Road at Bayview, T/O Southold, Suffolk County, New York NAME OF APPLICAMTISPONSOR BUSINESS TELEPHONE Young & Young ATTN: Thomas C. Wolpertl P.E. ( 631)727-2303 ADDRESS 400 Ostrander Avenue CI TYIPO STATE ZIP CODE Riverhead NY 11901 NAME OF OWNER(If differenl) BUSINESS TELEPHONE Zoumas Contracting & Home Builders ( 631) 929-4570 ADDRESS P.O. Box 361 CITY/PO STATE ZIP CODE Wading River NY 11792 DESCRIPTION OF ACTION Realty Subdivision — 23 Lots Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑industrial ❑Commercial ❑Residential (suburban) ®Rural (non-farm) ❑Forest ❑Agriculture Mother Vacant, Wooded 2. Total acreage of project area: 48.2 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres n acres Forested 48.2 acres 40. acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 or ECL) 0 acres n acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces 0 acres 2-8 acres Other (Indicate type) T.,was rr T.anAaraping 0 acres 4.6 acres 3. What is predominant soil type(s) on project site? HaA — Haven loam, PIA — Plymouth; loamy sand a. Soil drainage: ®Well drained 90 % of site Moderately well drained 5 % of site ®Poorly drained _5_ % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N•A• acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes In NO a. What is depth to bedrock? 'N.A. (in feet) 2 _.. 5. Approximate percentage of proposeTrroject site with slopes: 910-10% 9� % 97910-15% 5 % 015% or greater 5 % C. Is project substantially contiguous to, or contain a building, site,,or district, listed on the State or the National Registers of Historic Places? ❑Yes KINo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes UNo 8. What is the depth of the water table? 11— (in feet) 9. Is site located over a primary, principal, or sole source aquifer? MYes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes KINo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes KlNo' According to Young & Young Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) Dyes KlNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes K]NO If yes, explain 14. Does the present site include scenic views known to be important to the community? Dyes KlNo 15. Streams within or contiguous to project area: N.A. a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: N.A. a. Name b. Size (In acres) 17. Is the site served by existing public utilities? ❑Yes ®No a) If Yes, does sufficient capacity exist to allow connection? Dyes ❑No b) If Yes, will improvements be necessary to allow connection? Dyes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes ®No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 Dyes ®No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes LINO B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 43.2 acres. b. Project acreage to be developed: 27.0 acres initially; 27.0 acres ultimately. c. Project acreage to remain undeveloped 22.1 acres. d. Length of project, in miles: N•A• (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N.A. %; f. Number of off-street parking spaces existing 0 ; proposed 44 g. Maximum vehicular trips generated per hour 44 _(upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially - 22 Ultimately —22 i., Dimensions (in feet) of largest proppsed structure 35' height; 40' width; 60' length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 1823 ft. Z 2.-How much natural material (iolk, earth, etc.) will be removed from tete? D tons/cubic yards 3. Will disturbed areas be reclaimed? WYes ONo ❑N/A a. If yes, for what intended purpose is the site being reclaimed? Residential Subdivision b. Will topsoil be stockpiled for reclamation? ]Yes ` ONo c. Will upper subsoil be stockpiled for reclamation? K]Yes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 7'4 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes ®No 6. If single phase project: Anticipated period of construction 24 months, (including demolition). 7. If multi-phased: N.A. a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? []Yes ONo 8. Will blasting occur during construction? OYes WNo 9. Number of jobs generated: during construction 5p after project is complete 0 10. Number of jobs eliminated by this project 0 ' 11. Will project require relocation of any projects or facilities? Dyes nNO If yes, explain 12. Is surface liquid waste disposal involved? OYes NNO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ®Yes fJNo Type Sanitary 14. Will surface area of an existing water body increase or decrease by proposal? OYes 65No Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes RNo 16. Will the project generate solid waste? ®Yes ONo a. If yes, what is the amount per month 1.9 tons b. If yes, will an existing solid waste facility be used? ®Yes ONo c. If yes, give name Southold Town Transfer Stationlocation Cutchogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? 1MYes ONo e. If Yes, explain Recyclable and reusable materials removed from the wastestream 17. Will the project involve the disposal of solid waste? OYes 6JNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ®Yes ONo ie. Lawncare 19. Will project routinely produce odors (more than one hour per day)? Dyes ®No 20. Will project produce operating noise exceeding the local ambient noise levels? OYes WNo 21. Will project result in an increase in energy use? K]Yes ONo If yes , indicate type(s) Electric & Fossil Fuels 22. If water supply is from wells, indicate pumping capacity N.A. gallons/minute. 23. Total anticipated water usage per day 6600 gallons/day. 24. Does project involve Local, State or Federal funding? Dyes ®No If Yes, explain 4 •8. Approvals Required: •� •� Submittal Type Date City, Town, Village Board Dyes 55No XXKKTown, Vii47*KPlanning Board ®Yes ❑No Subdivision 12/99 City, Town Zoning Board ❑Yes 99No )§*, County Health Department K]Yes ❑No Water Supply & Sewage Disposal 12/99 Other Local Agencies Dyes MNO Other Regional Agencies ❑Yes RNo State Agencies Dyes ®No Federal Agencies ❑Yes IX)No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ®Yes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ®subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? Agricultural Conservation 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 23 Lots 4. What is the proposed zoning of the site? —_ N.A. 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? t7Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a Y mile radius of proposed action? Land Uses: Agricultural, Residential, Open SElce Zoning: A—C Agricultural Conservation 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4emile? aR3Yes ❑No 9. If the proposed action is the subdivision of (and, how many lots are proposed? 22 a. What is the minimum lot size proposed? z-rSq-Ft- (37,799) 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? Dyes K]No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? K)Yes ❑No a. If yes, is existing capacity sufficient to handle projected demand? K)Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes INNo a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant(Sponso Name Young & Young ATTN: Thomas C. Wolpert, P.E. Date Jun. 25, 2001 Signature - Title Professional Engineer If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. -. 5 _ _ CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9050 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net November 28, 2001 VIA FAX: 765-3136 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Re: Zoumas Homes (Harbor Lights Sec. 5) Major Subdivision SCTM#1000-79-4-17.14 & 17.17 Dear Planning Board members: In connection with determining the extent to which Anchor Lane is a public road, I contacted the Town Highway Department;that Department referred me to the Town Clerk's office for a definitive statement as to the dedication of Anchor Lane. Upon reviewing their records,the Town Clerk's office advised that Anchor Lane was a public road and that the public road extends east of Schooner Drive. Thus,there is public access to the subdivision site at Anchor Lane, as it is shown on the yield map. I would anticipate that a reduction in the yield would result only from an extension of the wetland areas. Very truly yours, Charles R. Cuddy cc: Howard Young CRC:cg SOV 3 0 2001 Southold Town Planning Board i5!3iI:1001 12:39 6313699080 CHARLES R CUDDY PAGE 5110= cH ARLES R CUDDY ATTORNEY AT L AW 445oRiFFING?VENUE R Vr-HEAD,NHW YORK ,Yta�inF A�exr a_ TEL (631)359•8a)0 PC).13= 1547 FAX: (631)369-9060 fZjvtA"a,NY 11901 E-awil: uxCuddy�a�.mxk.s'+Isak.atk October 31, 2001 vxA PAR• 765-3136 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 RR: Soumas Homes (Harbor Lights Sec. s) Major Subdivision SCTK#1000-79-4-17.14 a 17.17 Dear Planning Board members: This subdivision has been pending literally for years. Initially, concern was expressed regarding use of the tap roads. Through the use of two separate title companies, the applicant demonstrated that we could not make use of tap roads since they were separately and privately owned. The applicant then resubmitted the subdivision map and the Board indicated there was a problem with the yield. This has never been quantified and we would like to know the precise problem with the yield so that we may either address that problem or reduce the yield and proceed. I request that you place this matter on your work session for either Monday, November 5t" or Monday, November 12 and that you advise me and Howard Young so that we may resolve this question and move on with the subdivision process. Very truly yours, Charles R. cuddy CRC:cg CHARLES R.CUDDY 'U ATTORNEY AT LAW ✓ _ 445 GRI FFING AV ENUE RIVERHEAD,NEW YORK Mailing Address_ TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9050 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net November 27, 2001 VIA FAX: 765-3136 Southold Town Planning Board Southold Town Hall Rt Main Road rl o J 2 Z�1 Southold, NY 11971 Re: Zoumas Homes (Harbor Lights Sec. 5) Major Subdivision TOWD SCTM#1000-79-4-17.14 & 17.17 Dear Planning Board members: It is my understanding that the Board is awaiting a report from Charles Voorhis in order to proceed with SEQRA. Upon receipt of Mr. Voorhis' report, the Board will also be making a determination as to lot yield. In this connection, I will contact the Highway Superintendent to determine the extent of public road known as Anchor Lane as it proceeds along the northerly line of the parcel. Please let me know as soon as the report from Mr. Voorhis has been received so that we may continue to proceed with this application. Very truly yours, Charles R. Cuddy Enc. cc: Howard Young CRC:cg • ,fie CHARLES R.CUDDY p ATTORNEY AT LAW 445 GRI FFiNG AV ENUE RIVERHEAD,NEWYORK Mailing Addreee: TEL: (63369_8300 P.O. Box 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: crcuddy@earthlink.net August 13, 2001 Planning Department Town of Southold .Main Road Southold, NY 11971 Re: Zoumas Contracting Corp. Subdivision at Bayview Dear Planning Department: Your records will reflect that this subdivision was held in abeyance nearly 18 months while the question of road access over adjoining tap roads was resolved. While I appreciate the fact that there has not been a Planner available to review the subdivision sketch plan, I request that you advise what procedure will be followed so that sketch plan approval can be obtained. Very truly yours, � r Charles R. CuddyC CRC:cg r:F,�T 77 1 r• AUG 14 2001 Southold Town Manning Board CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK MailinpAddress: TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: crcuddy@earthlink.net June 22, 2001 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Zoumas subdivision Tax map #1000-79-4-17.10 & 17.17 N. Bayview Road, Southold NY 11971 Gentlemen: In connection with the above proposed 48. 2-acre cluster subdivision which is to include 22 lots at Bayview, enclosed please find: 1. Subdivision Application Form 2 . Environmental Assessment - Long Form 3 . Transactional Disclosure Form 4 . Check payable to Southold Town for $5,820 5. Eight copies of sketch plan 6. Six copies of yield map 7 . Copy of deed Please proceed to formally consider this application and advise when the applicant may meet with the Board to review this proposal. Verytr[�u�' ly yours, �J Charles R. Cuddy Enclosures D CRC:cg SOUthold TOVA Planninq Board I'S R 6�RV7 N �n1v� , � 1'Wli�4to� of��jMi� , �' Aotrvr � y � �'� 050�. � ' /1119 If6 � 'tt' �-ho L TOWN SOUTHOLD, COUNTY OF SUFFOLK, N. Y. -------- --- ---------------------x It In the Matter of the Laying Out of a Certain Town Highway, in the ORDER TOWN OF SOUTHOLD, LAYING OUT COUNTY OF SUFFOLK, STATE OF NEW YORK. HIGHWAY t� ------------------------------------ --X ! 1' Application having been duly made for the laying out of a town highway in the Town of Southold, Suffolk County, New York, extending from the north side of North Bayview Road, a public I highway, along the lands of FREDERICK REESE and HAROLD REESE , and i j a dedication and release from the owners of and other persons interested in the lands through which the highway is proposed to be opened, having been given; i NOW, THEREFORE , I, the Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, do hereby determine !� and order that a town highway shall be, and the same is hereby ` t laid out in said Town as follows: All that certain piece or parcels of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, as shown on a certain rl y map entitled, "Map of Harbor Lights Estates, Section j One , Bayview, Town of Southold, Suffolk County, N. Y. made by Otto W. Van Tuyl & Son, Surveyor, and filed in the office of the County Clerk of Suffolk County on May 82 1965, as Map No. 4362, and being more particularly described as: "All of the proposed road or roads shown on said map and designated as all of Brigantine Drive, { which commences on the northerly side of North Bayview Road (a public highway) ; all of Harbor Lights Drive; all of Anchor Lane, and that portion of Windjammer Drive between Harbor Lights Drive and the southerly side of Anchor Lane, as shown on said filed map." Dated thise day ofFy' o uperint6nddfif of High ys OFFICE O� I,QRNEY >Y TOW.. . Lb ROBERT W. TABKER TELEPHONE TOWN ATTORNEY 477-1400 425 MAIN ST. GREENPORT, L. I., N. Y. 11944 April 4, 1974 Hon. Albert W. Richmond Southold Town Clerk Southold, New York 11971 Re: Dedication of Highways - Harbor Lights Estates Dear Albert: Relative to the above captioned matter, I enclose herewith the following documents for filing in your office. (1) Easement agreement dated November 30, 1973 and recorded in the Suffolk County Clerk's Office -on March 1, 1974 in Liber 7596 of deeds at page 549. (2) Easement from Anthony Zic and others to Town of Southold dated February 6, 1974 and recorded in the Suffolk County Clerk's Office on March 1, 1974 in Liber 7596 of deeds at page 547. (3) Easement from Henry L. Arfman and another to Town of Southold dated February 6, 1974 and recorded in the Suffolk County Clerk's Office on March 1, 1974 in Liber 7596 of deeds at page 545. (4) Easement from Rudolph H. Bruer and wife to Town of Southold dated February 7, 1974 and recorded in the Suffolk County Clerk's Office on March 1, 1974 in Liber 7596 of deeds at page 543. (5) Dedication and Release dated October 2, 1968 and recorded in the Suffolk County Clerk's Office on March 1, 1974 in Liber 7596 of deeds at page 553. (6) Application to Lay out Town Highways dated October 2, 1968. (7) Consent of Town Board to Proposed Town Highway dated February 8, 1974. (8) Order of Superintendent of Highways dated February 8, 1974. (9) Certification of The Title Guarantee Company No. 1261344 dated November 28, 1973 r ' LIBER 7596 PAGE 549 ii TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y. ---------------------------------------x I In the Matter of the Laying Out of a Certain Town Highway, in the TEMPORARY TOWN OF SOUTHOLD, EASEMENT j I COUNTY OF SUFFOLK, C2 STATE OF NEW YORK. es ---------------------------------------x i THIS AGREEMENT, made the 30th day of November, 1973, between FREDERICK REESE, residing at I. U. Willets Road, j Old Westbury, New York, and HAROLD REESE, residing at DeForest Drive, Laurel Hollow, New York party of the first part, and THE TOWN OF SOUTHOLD,' a municipal corporation of the County of Suffolk, State of New York, party of the second part. i WI T N E S S E T H: WHEREAS, the party of the first part is the owner of ; certain lands and lots being dedicated to the Town of i Southold for highway purposes , and located at Southold, in the i Town of Southold, Suffolk County, New York, and • II WHEREAS, the party of the first part is the owner of a lot or parcel of land immediately contiguous on the i westerly property line of Lot #38 0£ Section One, "Map of Harbor Lights Estates, " filed Map No. 4362 , in the Office ofj the Clerk of Suffolk County. Said parcel of land being located at the intersection of the southerly side of Anchor Lane and the easterly side of Schooner Drive, as prolongated i and WHEREAS, that portion of Schooner Drive running southerly from Anchor Lane has not been opened and con- it structed, and "�� ...................... I REAL ESTATE STATE OF Oft if o m is ANSFER I'AA , y '/�1'NIM Yo + i, D 4 fn nf. nI 1�[��. 4: S finonte P.B.10945 } LIBER 759 PAGE 550 i l ii WHEREAS, it is the desire of the parties to create ,i and allow a turnaround for vehicles using Anchor Lane; i i NOW, THEREFORE, in consideration of the premises I I and the sum of One (1.00) Dollar, each to the other in hand paid, the receipt whereof is hereby duly acknowledged, the parties agree as follows : ! (I FIRST: That the party of the first part hereby i grants to the party of the second part, a temporary easement j said parcel of land for highway purposes on drxg3�x]c�Lxi�xxsx$as3sxazssca�s lc� x� dxp�$ xxxfsxixia�x#� 8 being 100 feet fronting on Anchor Lane and 50 feet southerly from Anchor Lane along I the projected easterly side of Schooner Drive: 9oikdxVzx±3d= jiax�i�xxxan;x�§�tx�Bbcx®xac�x x��cx j SECOND: That this temporary easement shall be valid' I[ only until Schooner Drive is prolongated from Anchor Lane to l North Bayview Road, or until the easement is discontinued 'pursuant to the Highway Law of the State of New York, which- 'lever event occurs first. IN WITNESS WHEREOF, the parties of the first part i ihave set their hands and seals theday d year st above liwritten. / i I II j Frederick Rees II Harold Reese I �I I� j 'i !i -2- LIBER 759766 Put% i i STATE OF NEW YORK Ii SS. : COUNTY OF NASSAU {� On this 30th day of November, 1973 , before me I�I personally came FREDERICK REESE and HAROLD REESE, to me n �Iknown to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. ii �I I I' Notary Public II z� � pQSLtC.Stats of Nea York SII zi 4l•7A269M10 Cnu:+IV Qttall9sd fa Qsooas � �rn1 n oAa ExPues 2d�ch 8+. ••r .� i;I i j y II i I I Ii I I) i) i 'I �I i -2 �i i i IF 40 Do OZ f D D'OZ D' � ,�''•r�yyt dZ V/ LZ '5' 1 ,�� n ^i �! �.y i'�� _ O ! R 01 O dol O' 90 �11 T \ WIN ej Vie •l "" A � t� �'F�ih r DO.Otj� D0 �►_ 0o•OZ pp•Oo% 00.00/ �• •� � goo ,�. � � � 1�. `� � �� kn �. • p) N /psi 6D<9 oiso w— • o0'OOfi 'M..�bSs•Sz'S o. j+ O '04t46 ; � � � v�� (`��. . til e � �• �Q�, � � 2 .:" 5' 1. <,, 11 s ow o z/ ovrpvf �pwol ; `�' o" Standard N.Y.B.T.U.Form.9002.1-7t-7014—Bargain and Sale,Deed, with Covenant against Grantor's Acts—Individual or Corpoiuion(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT 'THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. / / LIBER 157n6 PAGE 547 THIS INDENTURE,made the 1(4- day of February , nineteen hundred and Seventy-four. BETWEEN ANTHONY ZIC, ANTON ZUVICIC, SR, and ANTON ZUVICIC, JR. , all R. ,all residing at 30-27 33rd Street, Astoria, New York, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its offices at 16 South Street, Greenport, New York, t party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of thesecond part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, Xmtt ' situate, lying and being brthm at Southold, in the Town of Southold, Suffolk County, New York, described as follows: An easement for highway purposes of the southerly two (2) feet of Lot No. 3 shown and designated on a certain map entitled "Harbor Lights Estates, Section k CV One" filed in the Suffolk County Clerk's Office on the 8th day of June, 1965 as 1\jI Map No. 4362, it being the intention of the parties of the first part to grant to the party of the second, part an easement for highway purposes over the southerly . two (2) feet of the above mentioned lot adjacent to Anchor Lane. gEAL ESTATE STATE OF i = ts, IkANSFER IAAlµt� �I e•NEv+ YORK LLo N NO. of 174 .,. .a G. 8 Finance P.6.109'5 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties' whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and Year first above written. IN PEESENCE OF: ` 11yrI' Anthony Zic n.�Vl�/^%Yl �ati.GGC Anton Zuvicic,CSr.11E 1..APd 00`lary %, . f New York Sr No. 00-136;' . ; _-u Coun nth on Zuvlcic, Jr. Comm. FxFue; ... rch 30, 197k a.rc.c yr .rwcv Tv.a.T. ..W... wutLL tCllb SS: 51AEC UPNCW T.... I On the 4if"" day of February, 19 74 , before me On the day of 19 before me personally came ANTHONY ZIC' ANTON personally came ZUVICIC, SR. and ANTON ZUVICIC, JR. to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instr ent, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the e. executed the same. Notary Public Leo A. Gallan lotory ! . _ ,N...,t York Notary Public, State of New York No /' rC"n�" No. 30-1363750 Nassau County Comm. Expires March 30, 1975 STATE OF NEW YORK, COUNTY OF as: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me On the day of 19 before me personally came - personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by-order of the board of directors of said corpora- execute the same; and that he, said witness, don, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. jRaxgain anb foalt ;Seeb SECTION WITH COVENANT AGAINST GRANT"oR'S Acis ITLE NO. BLOCK ANTHONY ZIC, ANTON ZUVICIC, SR. LOT COUNTY OR TOWN and ANTON ZUVICIC, JR. TO TOWN OF SOUTHOLD Recorded At Request of The Title Guarantee Compmy RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TInE UNDERWRITERS Robert W. Tasker, Esq. Dittribntea by - 425 Main Street THE TITLE GUARANTEE COMPANY Greenport, New York 11944 Zip No. i Z 6 C Qry Iy'�� R: G Standard N.Y.B.T.U.Form 8002.1-73-52M- Bugain and Sale Deed with Covenant against Gtautor s Acts-Individual in Corporation(Single ahm) cONSULT YOUR LAWYER REpon SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD RI USEED� BY LAWYERS ONLY. LIBER 7596 FACE 545 THIS INDENTLIRE,made the de,' day of February , nineteen hundred and seventy-four. BETWEEN HENRY L. ARFMAN and MARION F. COLLINS, both residing at 1315 Anchor Lane, Southold, New York, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its offices at 16 South Street, Greenport, New York, party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, oaaDCRccatmJ; situate, lying and being brdm< at Southold, inthe Town of outhol Suffolk�County, New York, described as follows: C-4 An easement for highway purposes of the southerly two (2) feet of Lot No. 16 CM shown and designated on a certain map entitled "Harbor Lights Estates, Section t� One" filed in the Suffolk County Clerk's Office on the 8th day of June, 1965 as Map No. 4362, it being the intention of the parties of the first part to grant to the party of the second part an easement for highway purposes over the southerly two (2) feet of the above mentioned lot adjacent to Anchor Lane. M - I r� !a REAL ESTATE - STATE OF 4j A TnNiVSFER TAx :.;: ti°,:N E'Vi 'I'3A, K k i �o N Irrt. el � 1_ n (/�� n ni 74 'k . ,N b FItlOf1(0 PB.104!5 1 ..* i i TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: .F✓ �'GL, 1 _ .."LG(-CC.'CJ HMn L. fr7) /f( 6Jt cJ✓yl C� Marion F. Collins On the day of February, 19 74 , before me On the day of 19 before me personally came HENRY L. ARFMAN and personally came MARION F. COLLINS to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrumen and acknowledged that executed the foregoing instrument, and acknowledged that they executed the same. executed the same. t rf tcw York No 'i Pub li ., so, is77 Joseph E. Zaremski Notary Public, State of New Y rk No. 52-4380498 Suffolk Count Commission Expires March 30, 1975 STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. Bargain anD &alt ]Dttb WITH COVENANT AGAINST GRAN IOR's ALIS SECTION TITLE NO. BLOCK LOT HENRY L. ARFMAN 0004 Y�OR lrOWN MARION F. COLLINS 'A TO Or, '+ TOWN OF SOUTHOLD 'Recorded At Request of The�Tiole Guarantee Company' RETURN BY MAn: TO: - STANDARD FORM OF NEW YORK BOARD OF mU UNDERWRITERS Robert W. Tasker, Esq. D&wibNnd by 425 Main Street- - - THE TITLE GUARANTEE COMPANY Greenport, New York 11944 .. Zip No. W v o mom- a to O tr zi C" � - x O C _ 1 J ,O J C� Li C 6 W Standard N.Y.B.T.U.Form,8002.5-71-70M—Bargain and Sale-Deed, with Covenant against Gnnmi s Acts—individual of Corporacion(single antes) CONSULT,YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT 'THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. LIBER 7596 PAGE 543 THIS INDENTURE, made the 7 day of February nineteen hundred and seventy-four. BETWEEN RUDOLPH H. BRUER and VIRGINIA. B. BRUER, his wife, both residing at (no number) Anchor Lane, Southold, New York, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its offices at 16 South Street, Greenport, New York, party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, > h atm' g�, situate, lying and being iqAt& at Southold, in the Town of Southold, Suffolk County, New York, C-4 described as follows: }t CMS 1`\Nl r An easement for highway purposes of the southerly two (2) feet of Lot No. 15 shown and designated on a certain map entitled "Harbor Lights Estates, Section v One" filed in the Suffolk County Clerk's Office on the 8th day of June, 1965 as Map No. 4362, it being the intention of the parties of the first part to grant to the party of the second part an easement for highway purposes over the southerly i •; two (2) feet of the above mentioned lot adjacent to Anchor Lane. ............... REAL ESTATEr STATE OF kAJ1 q i vEW YuPK ecatsT1<A ti5FER TAX, ¢ yp n 0} n (! ,N S f�n0f?f? PB.10945 '7V TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly uted this deed the day and year first above written. ,. IN PRESENCE OF: / dolpA IV Bruer Virgini . Bruer STATEOFNEWYORK, COUNTY OF Suffolk SS: STATE OF NEW YORK, COUNTY OF SS: On the 7 day of February, 19 74 , before me On the day of 19 before me personally came RUDOLPH H. BRUER personally came and VIRGINIA B. BRUER to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the same, executed the same. tiOT,q l�c,�� Notary Public RY F °F+dBs.sf°,FFD5"9 }yy + -_ °= f °f,so .1f 5971 e^fo�4 y° � N wo 4 a COO°YO�4 s STATE OF NEW YORK, COUNTY OF as; STATE OF NEW YORK, COUNTY OF Ss: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that he is the sworn, did depose and say that he resides at No. ; of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. jDargain anb ftie 39eeb SECTIONWITH COVENANT AGAINST GRAN I OR'S ACTS ITLE No. BLOCK LOT RUDOLPH H. BRUER COUNTY OR TOWN VIRGINIA B. BRUER TO TOWN OF SOUTHOLD - Recorded At Request of The Title Guarantee Company RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TIRE UNDERWRITERS Robert W. Tasker, Esq. Dt°riaNbd by - 425 Main Street THE TITLE GUARANTEE COMPANY Greenport, New York 11944 no Zip No. O y c— , r .u. � C ) f1 t e L►e � 75% 553_ TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y. { f �t In the Matter of the Laying Out of a DEDICATION AND ! Certain Town Highway, in the RELEASE FOR TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, TOWN HIGHWAY STATE OF NEW YORK. f ------------------------------------------x ^- I WHEREAS , application has been duly made to the Town V I ('; Superintendent of Highways of the Town of Southold, in Suffolk � I County, New York, for the laying out of certain roads as part of )^ lithe town highway, to extend from North Bai w o d a t !highway, and through the lands of FREDERICK REES$ and HAROLD REESE �!! 1Je�'4£S-r RiuE— ji along Brigantine Drive, Harbor Lights Drive, Anchor I�A604,an�'that� '1portion of Windjammer Drive between Harbor Lights Drive and lots 11 1 numbered 5 and 6, as shown on "Map of Harbor Lights Estates, ;!Section One, Bayview, Town of Southold, Suffolk County, N. Y." and jbearint-Map No. 4362, in the office of the Clerk of Suffolk County. !, i it NOFT, THEREFORE , the said FREDERICK REESE and HAROLD REESE , ,'being the owners of lots to be included within the said highway, jifor the respective consideration hereinafter specified, to hereby i !!dedicate , release and convey to the said Town of Southold, for :,highway purposes , the following lands, to wit: All that certain piece or parcels of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, as shown on a certain map entitled, "Map of Harbor Lights Estates , Section One , Bayview, Town of Southold, Suffolk County, N. Y." made by Otto W. Van Tuyl & Son, Surveyor, and filed in the office of the County Clerk of Suffolk County on May 8, 1965, as Map No. 4362, and being more particularly described as: i REAL ESTATE ( STATE OF TkHivSrcii 1{+k, -, °,=rlEVJIvkl� *. Ui ep 4> '_•-o .v p-flt. of77 n -. g Finn S(g P5.10565 "#" LIBER 7596 PAaE 554 "All of the proposed road or roads shown on said map and designated as all of Brigantine Drive , which commences on the northerly side of North Bayview Road (a public highway) ; all of Harbor Lights Drive ; all of Anchor Lane, and that portion of Windjammer Drive between Harbor Lights Drive and the southerly side of Anchor Lane , as shown si on said filed map," The lands hereby dedicated, released and conveyed are k specifically shown and delineated upon the subdivision map which is hereto annexed and made a part hereof. AND WE DO CERTIFY that the considerations paid to the i undersigned for this dedication and conveyance are the following, to wit: To FREDERICK REESE , the sum of ONE DOLLAR ($1.00) ; and Ji To HAROLD REESE , the sum of ONE DOLLAR ($1.00) , 1 which consideration the undersigned acknowledge to have been paid herewith. IN WITNESS WHEREOF, we have caused these presents to be executed and sealed this 2nd day of Cc er, 19 Frederick Reese Harold Reese STATE OF NEW YORK COUNTY OF NASSAU SS , : On this 2nd day of October, 1968, before me personally came FREDERICK REESE and HAROLD REESE , to Bae known to be the individuals described in and who executed the foregoing instru- ment, and acknowledged that they executed the same, Notary Public OWEN B. MclEIRMF. Nofwr Public. Mite of New York No. 30-2580200 —2— QUOMd in N� Cmmtt CommL &PIr Moreb 3% 188q _ A • I TOWNtOF SOUTHOLD, COUNTY OF SUFFOLK, N. Y. i ---------------------------------------------- x ii In the Matter of the Laying Out of a Certain j Town Highway, in the TOWN OF SOUTHOLD, APPLICATION COUNTY OF SUFFOLK, STATE OF NEW YORK. ----------------------------------------------x I; TO THE TOWN SUPERINTENDENT OF HIGHWAYS OF ! i; THE T014N OF SOUTHOLD IN THE COUNTY OF SUFFOLK: ! The undersigned, FREDERICK REESE and HAROLD REESE , being the owners of property in the Town of Southold, liable to be assessed ! for highway taxes therein, hereby apply to you to lay out a high- �i jway in said town. Said proposed highway is shown on "Map of IlHarbor Lights Estates , Section One, Bayview, Town of Southold, JSuffolk County, N. Y." made by Otto W. Van Tuy1 & Son, Surveyor, ,,band filed in the office of the County Clerk of Suffolk County on ! May 8, 1965, as Map No. 4362, and consists of all of Brigantine 11Drive, which commences on the northerly side of North Bayview i ,Road (a public highway) ; all of Harbor Lights Drive ; all of Anchor Lane ; and that portion of Windjammer Drive between Harbor Lights i Drive and the southerly side of Anchor Lane, as shown on said .! filed map. Said proposed highway is owned in fee by the under- .! signed, FREDERICK REESE and HAROLD REESE . � f Hereto annexed and made a part hereof is the Map of Harbor ;;Lights Estates , Section One, aforementioned, showing the course of this said proposed highway. Dated this 2nd day of October, 1968YFL4se reder Ct Le Harold Reese i i I f, ; STATE OF NEW YORK SS .: ' COUNTY OF NASSAU I On this 2nd day of October, 1968, before me personally + ' came FREDERICK REESE and HAROLD REESE , to me known to be the +i individuals described in and who executed the foregoing instrument,! jand acknowledged that they executed the same , ii b !I otary Public { OWEN B. MCBBIDE I� Notacq Pw*e. &taro of New York No. Bo-mano Quafl&d ffl Nonan Co tr Commtadon &PI+ Nkacs 30, sae Q �I i !i I I ii I 1 j l I i I E I r i t, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y. --------------------------------------------x In the Matter of the Laying Out of a CONSENT OF Certain Town Highway, in the TOWN BOARD TO TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, PROPOSED TOWN STATE OF NEW YORK. HIGHWAY. --------------------------------------------x i UPON READING AND FILING the application of FREDERICK j REESE and HAROLD REESE , dated and acknowledged on the 2nd day of October, 1968, and the dedication and release of FREDERICK REESE jj and HAROLD REESE , dated and acknowledged the 2nd day of October, 1968, dedicating and releasing the necessary lands for a pro- ii posed highway to extend from the northerly side of North Bayview �I Road along the land or lands owned by said FREDERICK REESE and !,' ii HAROLD REESE . itRESOLVED that, in accordance with the provisions of , ' Section 171 of the Highway Law of the State of New York, consent i be and the same hereby is given that the Town Superintendents of ;! Highways of the Town of Southold made an order laying out the aforesaid town highway, the said town highway to consist of the lands described in the said dedication and release and to extend as delineated upon the map thereto annexed, and it is further 3 RESOLVED, that the Town Clerk be and he hereby is directed to forthwith cause such release to be recorded in the Office of the Clerk of the County of Suffolk and, upon its return; to attach it hereto. TOWN BOARD_ OF THE�OWN OF SOUT14OLD COUNTY SUFFOLK By Supefvisor 1 t i Title No. 1261344 CERTIFICATION FOR DEDICATION OF STREETS, i ETC. MAP OF HARBOR LIGHTS ESTATES, INC. SECTION ONE l THE TITLE GUARANTEE COMPANY certifies to the Town of Southold, it that it has examined title to the land in the bed of Harbor I Lights Drive, Brigantine Drive, Anchor Lane, Windjammer Drive, Schooner Drive, Clipper Drive as shown and laid down on a Ij certain map entitled, "Map of Harbor Lights Estates, Section One, Bayview, Town of Southold, Suffolk County, New York, and filed in the Suffolk County Clerk's Office on June 8, 1965, under I the File No. 4362. THE TITLE GUARANTEE COMPANY further certifies that title to the premises above referred to is vested in and can be conveyed it j by: HAROLD REESE AND FREDERICK REESE I ! j i THE TITLE lCUARANTEE COMPANY .. i BY Q PiG7 G � D. J. Piscitelli i Title Officer i Certified as of November 21st, i. 1973 j � I Riverhead, New York , State of New York) ss County of Suffolk) Sworn to before me this 28th day of November, 1973. cc3r,tirriC �, ,Isr..lrl.;� ql� Ql�e �• a�.e-rte,UCETTE R. JEANROY _ Q 7, NOTARY "U�3LIC, Sra}a of Now York n.r Sl.f 1t .':071tY No. 52.7077875M 1- i-. If. 17901 Co""A'"I a Expir.r March 30, 19... - -73727-z3r,� Title No. 1261344 HARBOR LIGHTS DRIVE, BRIGANTINE DRIVE, ANCHOR LANE, WINDJAMMER DRIVE, SCHOONER DRIVE, AND CLIPPER DRIVE, as shown and laid down I on a certain map entitled, "Map of Harbor Lights Estates, Section One, Bayview, Town of Southold, Suffolk County, New York and filed in the Suffolk County Clerk's Office on June 8, j1965, under the File No. 4362. 'i i, i i i i I I I 1 Title No. 1261344 E X C E P T I O N i S H E E T 1. This being a Special Service Examination, liability of the Company is limited to One Thousand ($1,000.00) Dollars. i 2. No Tax Search has been made for this examination. !I 3. Subject to utility easements. ii 'j !i ii 'i THE TITLE GUARANTEE COMPANY BY D. J. Piscitelli Title Officer i i i i i j LASER FICHE FORM SUBDIVISIONS Proiect Type: Maior Status: Withdrawn SCTM # : 1000 - 79.4-17.14 Proiect Name: Zoumas Contracting at Bayview Location: North side of Bawiew Road, +/- 200' west of Brigatine Drive in Southold. Hamlet: Southold Applicant Name: John Zoumas, Zoumas Contracting Corp. Owner Name: Zoumas, John Zone 1 : A-C Approval Date: 1q0j-';q171e0v67L;> PLAT Signed Date: eA_rpi o/esED OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: Cand R's : Homeowners Association : R and M Agreement: Address: County Filing Date: SCANNED LU G 2 42006 ecrds Management SCAN Date: Young & Young, Land Surveyors 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Alden W. Young, P.E. & L.S. (1908-1994) Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer ff a p/oy9 04 & 40e 77 IN. TIP; 39 Cot 00 % / / / \ / // ^\\ \�\�\ rV 1101 1 C / xzs of _ — ^ ,/' / / 'a J / 73 - �o Cot LOCATION MAP a \0So#� 7 \ I \4 SCALE SCALE 1"=600' '\ - — / _ _ 1 I U `� \ _ — — / \ \\ \ \ \ \t 9 \\ \\ / Co / T V / / 1 ,z \ vA4 t 8 / yN'/Or Cot z \ / \ / 10 / o \ AT" heky \ I , Cot �\ �� ^� / 10.3801 acres // / X00 C t 841 \ \ \ \\ �e -I Po s•/ s ';eryyk� BUILDING AREA ON THIS LOT SHALL BE O „M 'n / LIMITED TO 40000 =qa , / -C I anD \ er or o Cot �o \ �I \\ 1 2R '901 f/ �', Co Acis S Dry &S, /y I /X \sem t 4 s / . 6 er CI40 A Do- oc / / // oz a� / Cot Q� 05 /� /T., l/ J l -zq\ h \ o t 49 6� < / o L ,L om f 7 in, i 'c 5.5458 p(�Tes // zss BUILDING AREA 0 ;1HI5 LOT�HAL1 BE Cot` ' t zi 40( / \ \' of O / f/// ;, \ I S / 12 / 78 . A)' ,�'I 39,002 sq.ft. � .�, �Mn I / // \\�M �/ i-J / 6a \ <o P / I / � • a �� II /' l 1�E'CHARG t 7s vv —_� � '� s / / it i i �°/ ' B ,SIS v � sz ` ,. / � 9161 acres -,'//�' SITE DATA \ h \'\ 40�I sq.ft. 1 3p„ / 1 1 ! 1 /i `h•'y,, \ ,a-� \ ` �\ 1 / , /j/ . / r y`V / TOTAL AREA = 47.7137 ACRES s \ ' Ill/ '� _- �Wg6 ,4/ / Q' , / ! T%T' � \ � S,j • TOTAL NUMBER OF LOTS 22X. , ''l`S�Z�= / / r/%/ /;%/%/�/ \ t ?O �; O� / •rya / \ ,),,\., fy\ / �L"/ ��/;/ I I • TOPOGRAPHY SHOWN HEREON IS FROM SURVEYS MADE BY US d >'Ds / gm AND TOPOGRAPHIC MAPS PREPARED BY OTHERS. Site 13 1 �s 51' 24' �_ 45,081 sq.ft.� 1 t` \\ / I / >C /, , �/ /,� , / / /�'� COt • DIMENSIONAL REQUIREMENTS FOR ALL LOTS IN THIS CLUSTER b \ 40,903 s ft. 1 \ eye / '\, I!L l / 'i// �/ - r' / S4 sq.ft. \ I S \ /•. , 'V / ,//'� �! ^;'!I DEVELOPMENT SHALL CONFORM TO THE R-40 ZONING USE /i/d! I DISTRICT. Cie 4t- o �fsq !,/ ,,.tr!%V���%i,/ I�I` CO t •• ZONING USE DISTRICT AGRICULTURAL CONSERVATION VERTICAL DATUM N.G.V.D. (MSL 1929) aa;4gz\sq.ft48.62(2 fP o Cot 5 .V Q - \ .,\\ \ - / ft _ Q /✓\i '- / /(/� - - - �_ \ \\ \ \ \ \ hr• /;';'i.'.i///,. �nreIESAASR DciINLca�oe 37,799 sq.ff. \ 145 GE / \,, \ \\\ \ \ tee- 0�` EEEREr sEEMAN of LvASTA / o� ;'j /, // €NVIRDNL.ENTAL CORPDRATI Ir 64,585 sq.ft.. - - - 7 \ 1 � ll\\ . J- X- /6 i \ 4 39,777 s Vt. /52/46 sq ft- 18 63 56\\ 2\ sq\ft, 5,5367 acres -/ 43370 sq'ft. 'P \ h \ BUILDING AREA ON T115 LOT SHALL BE `I O Q r0 \ LIMITED TO 40.000 .q.fi. / /✓ 1 / _ � ./ I \ I i--i \ \ 1 \ / \ \ \ t Sg Z 2V/, / \ \\ / //ir - ! g 1�- o \ \ ,m o \ \ SURVEYOR'S CERTIFICATION e' GE&• ` l^Lo \ � 6 30' `\ w f al \� �\ \ \ \ \ \ \ I I / i/, ,'s- L✓. //1//1/„1 \ c°` 1 Lot�Nb59 11 - NEINY ,wE\z \\''���o o' \\� \ \� 7 �// I/ \, 96 n;rn \ 39,1166 sq.ft. 2 3 \\ \ \ * 2 * o 46.940 sq.A. 15' \ Lot 6 Q /42,323 sq.ftQ -� I 'HE HOWARD W YOUNG, N.Y. L.S. NO 45893 0 45893 42,859 sq.ft. / 199L_C 22 77g, ' Lot 6/ DEVELOPER ?56.Opuw 41,364 sq�\ft. � \� // N// -1-_ 13T ZOUMAS CONTRACTING & HOME BUILDERS / 0' 'A '\ � - - � -___--7 \ P.O. BOX 361 sN 9 \_ _ WADING RIVER, NEW YORK 11792 5 0 79,484 sgft. ^" S23.O Lot 62 doe -sEB-ckEN_✓- qVj 8, s� \ SUBDIVISION MAP FOR a Y \ 19 , Ew Ro t ZOUMAS CONTRACTING CORP. AD / hN O F o ,moo At Bayview,� Ba lew, Town of Southold ^o o / \ Suffolk Count New York \y o Y, County Tax Map District 1000 511 79 Bora 04 Lm 17.17 CLUSTER SKETCH PLAN ID IwV FEB. B. 2002 JUN. 20, 2001 APR. 27. 2001 I MAR 0 7 2002 MAR. 30, 2001 MAR. 2, 2001 MAP PREPARED OCT. 1 1999999 [[8pulMqd4d�Tbw� n SCALE 1" - 100' u . MONUMENT ser ■ - MONUMENT EouxO 0 - STAKE WT ♦n STAKE FEUND IY�QNfYNYIV�•^�`�� 1 JOB NO. 99-0602 CS , CSP DWG. NO. 990602_cluster_2 Young & Young, Land Surveyors /. 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 1 \ J x\ Alden W Young, P.E. & L.S. 19 94) W. Young, Land Survey Thomas C. Wolyert, Professional Engineer s $ 0 Q / p/ por 4n o a 5640 , J R // ry (pt // / i / / 'I9 / /' \ \\• \ \ Ee 83,669 spft. 39 0�. as 40e Q, \ <qNF =o / - - \ / � 92,E75 sq.ft. // i / /I w�6 \ �`-�\ DO LOCATION MAP \ - - -_ �, ' / / % —.o�Of�� % \ \\ \\ I\(6t / SCALE 1"=600' \ \\\\\ \ \\\ \\\ 9 / / ( 92,309\ sq.ft. ( \ (pt 7 r7o \ I i 7/ \C\ 2 ' ' /�/ o �(pt 1911 7 �C •O 4 m -b' aBo -, \ A/(,e N• or ` \1 I (N \ 4 eta �� %I / i / �` Q / 1 Rose/ R tar r u \ / / — \_ (of 76 3 \ >�i/l i i j/. C \ oOa �areg to-"y Ia / 1 i� G` 4 KIER' O \\ Elh er o I 9J 1 V \\ (p � s Il/ t /A \ 5 81,716 sq.ft.//i "''\ i l I �� \ - 9 \ Q`C \� •5`L�'� /'Y///�l\ a // �_— i -izf����, p 49 �83188sq.ft. (o((Ot 1 ( / / 8g — ` — _ — _ - - ' % of / � 9 � / \ DRAINAGE CALCULATION // o\ // (p't / —�C \ \ / ` /l`�) // / / \ � (pt ° / l l l s7 wDO \ _ • 31.8 ACRES x 43560 x 6/12 x 0.25 = 173151 C.F. -TOA)L=130 644/ .ft. �Mryh WETLANDS= 16 Is ft. I ` (p �\ • PROPOSED RECHARGE BASIN = 175431 >` C.F. t /9 82,04".tt. SITE DATA (ot TOTAL AREA = 47.7137 ACRESe� / ,;yd \ 1 > / O / I / /� ' \ \\ / / f�ii 1 / / /// 1S I\ • TOTAL NUMBER OF LOTS = 21 1 / JrV 305 Ea / I /�(, \. / / / eWW \ I / I �`!' // / O ro��l III t �// / /// j%�� '�, l (p neje t 4 (p ( 83,758 sa'ft' I / q' 'r` / \ 3 0 ,5 / I Iqq' E/ / / / '"/"` ,1/ ' '�/'X�����I o- �\ • TOPOGRAPHY SHOWN HEREON IS FROM SURVEYS MADE BY US t 27 i �\ A /' ``/ \ (K�1 � j / / �J,-,-,!/ �/y /y ''Ii " "�• AND TOPOGRAPHIC MAPS PREPARED BY OTHERS. N Do ( • ZONING USE DISTRICT = AGRICULTURAL CONSERVATION UOI I � �� @ 1 I \ ' / '� i ! '� I pt • VERTICAL DATUM = N.G.V.D. MSL 1929 (p /' / sos� � I \\ ' / 83,307 hq.ft. I / yt2.�\ \ �l ' / i %'/% '� '% A�' /�. < 83,369 ft- 0 ESNwA*ER wEnallos O _ — C6 IRONME AS DELINEATED B p � \ \ // t�O 0' %/ 2'` / /' ry /� I \ \\\\ \\ \ a \\ �9_ A'J �\ �j/// /iS/� // \NVIfl ONMENiALAL RPORATSTA Of '.'S t \ _ > LlJ 3,081 sq.ft. 82,463 sq.ft. / 1/ \ n\ / \\\ \ \ leag e W6 82,080 sq.ft.`� _ T _ _ 'a i 578 t. ' \ \ \(Ot / \ & ex o \ s' �// a / " \ a \ SURVEYOR'S CERTIFICATION / '� / / \�'��_ .N /m �B //// i \\ 82,015 sq.ft. / '/ 9 w / / 29. \\ © \ .I / � \ I \ 192' \ \ Co59t 361; i //p r- � NEby 342 sq.�`t\ �`l "�x`'a ///I i \ �'�_.r' / \ r\ \ 172P•�((•Q�W rY (pt 60 247' 123 r \ P / I °' y 7 \, HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893 N�357'2 83,69'2 sq.ft. Aw gg. �_ \ i // li 81y 02isq�t. a / / I / r // .3' FO S II n LAND (U `� \\ _ — / i \ \ VJ ,40 tot 6 = N>p5B'Op' v // 81 0241 sq. t. liv / / % _n I DEVELOPER V w y�am" sZOUMAS CONTRACTING & HOME BUILDERS _ Lo P.O. BOX 361 e'kS 21T sq.ft it S>3t 62 WADING RIVER, NEW YORK 11792 — 1 / i2bF 's J` 7 YV�Ew9z ` — ,\2,_ _ 3 D SUBDIVISION MAP FOR Rpq� J„ ^M"o oFr ZOUMAS CONTRACTING CORP. / 241• \ ^ 0 At Bayview, Town of Southold \� 3 . Suffolk County, New York 0 / / County Tax Map aso-mt 1000 s..u- 79 Blow 04 L.t 17.17 W YIELD SKETCH PLAN o FEB. 28, 2002 DEC. 10, 2001 LIAR 0 7 2002 APR. 27, 2001 MAR. 30, 2001 MAP PREPARED OCT. 6, 1999 Southold Town Planning �•d JOB N0. 99-0602 SCALE '" = 102 YSP El - MONUMENT SET a MONUMENT FSUNO A STAKE SET A- STAKE FOUND g DWG. NO. 990602_Yield_Ri