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1000-22.-3-15.1
_ T MAJOR SUBDIVISION Complete application received Sep- ori�iNJ -64 (o% Yield map received uo'l Application reviewed at work session - Xro. OK uo't r Nro. OK Applicant advised of necessary revisions Revised submission received Mo'LiNro. OK uoL OK r inro. Sketch plan approval r orrc N (G -with conditions 3q �sts• Lead Agency Coordination ;�� Stay u 77 �o ,lefec( < SEQRA determination 0. 3v tette _ ,n Int n4.�_- ' E ucco<daWOP wl F?r�;n,SS �3q pv) Preliminary maps received r w OK ��� Preliminary maps reviewed at wort session Nro. V p -revisionsiXro, OK .a 'Z , WV) x Road profiles/drainage submitted e°ro•L OK 6 V -revisions Xro. OK i» o-• �Jt Road profiles/drainage reviewed be Engineer 2 �Nro• OK Z G t (T r= L N Z d - J6 n _ R(L_ T OK b ✓ `� � ILO'L Sent to County Planning Commission iXro. OK OI Receipt of County Planning Report iN�ro,L OK C4 Review of SCPC report o00 V) Preliminary hearing 'f6&, � Preliminary approval 3j} (vk sub. zo - -with conditions - vi t Sent to Fire Commissioner M Receipt of firewell location 2 �r.11e feh�ir:cf— Notification to applicant to include on final map V) Draft Covenants and Restrictions received Xro. OK x o 6 Draft Covenants and Restrictions reviewed Nro.L OK u Filed Covenants and Restrictions received x N Bond estimate submitted Bond adopted by PB Bond adopted by TB Payment of bond Payment of inspection fee Determination of park &playground fee Park & playground fee adopted by TB Payment of park &playground fee Open Space documents Documents reviewed by TA AW_ OK a i Receipt of mylars and paper prints with 1 Health approval Final Public Hearing Approval of subdivision -with conditions ' s I• Ice Endorsement of subdivision PLEASE SEE AMENDED MAJOR SUBDIVISION FILE i submission Without a Cover Letter Cr � Sender: Subject: �d '✓� l�J � 4 z ''l C s T�- % `P� SCTM#: 1000- / O a L — 2- — 3 Date: 212, 11 � Z Coin.ments: UC/v,,� D/ X l 'K l 0 Y{ ✓/ ATL °<c- rla N 40 t ° T FEB 2 2 2002 o ��. s / C"5 e GNy C��,R1 �i Southold Town U� Pldnnin BMd c �<� G C T 3(- • �gUFFO(,rC 0 VALERIE SCOPAZ,AICPTelephone(631) 765-1938 TOWN PLANNER G Z Fax(631) 765-3136 P.O. Box 1179 O Valerie.Scopaz@town.southold.ny.us y Ot` Town Hall, 53095 Main Road Southold, New York 11971-0959 OFFICE OF THE TOWN PLANNER By Facsimile & U.S. Mail TOWN OF SOUTHOLD October 30, 2001 Mr. Enzo Morabito c/o Dunemere Associates 60 Windmill Lane Southampton, NY 11968 Re: Cove Beach Estates Dear Mr. Morabito: In response to your facsimile of October 10th, I met with Tim Caufield of the Peconic Land Trust and the Planning Board to discuss how to proceed with your client's application. Based on the information supplied in the facsimile you sent (a copy of which is attached), you need to do the following: 1. Submit a lot line change application and maps in order to move the road and cul- / de-sac onto the former Uhl property. (The maps must follow proper lot line w� format.) 2. Submit a complete amended final application package and maps for Cove Beach incorporating the land obtained through the lot line change. 3. Submit revised bond estimates for the proposed road."C/ Further, you must make a formal request to the Peconic Land Trust requesting the amendments and obtain formal approval, in writing, from the Peconic Land Trust with respect to the following: 1. The amendment swapping 5.7 acres for the two new 1.5 acre lots. 2. The lot line adjustment for Lot#10. 3. Any other amendments to the easement that may be required in the re-location of the cul-de-sac. Morabito/Cove Beach Estates — Page Two — October 30, 2001 Enclosed you will find application packets and environmental review forms. The fee schedule is included. Updated approvals from the Suffolk County Department of Health Services will be required along with a New York State curb cut and the Board of Trustees. Please note that the revised plats should show a 100' setback from all wetlands. Finally, because the Uhl subdivision plat is a filed plat, you also will have to file an amendment to a filed map with the Suffolk County Clerk's Office. I suggest you contact the County Clerk to obtain the application forms. Please contact my office with any questions regarding this matter. Very truly yours, Valerie Scopaz, AICP Town Planner VS:ck Cc: Tim Caufield, Peconic Land Trust Raoul Witteveen Charles Cuddy, Esq. Encl. 10-10-01 09:58pp Fron-OUNE11011ssoc 0 T-441 P.01/0T F-581 �DUNEMERE V5 lA, ASSOCIATES REAL ESTATE FAX COVER PAGE pea 5/e / DATE: Alt) ! l O 1 O PAGES TO FOLLOW: TO: V0.IE �1Ca (JCJL FAX #: 7�, ---r— FROM: ENZO MORABITO Ott () (631) 287-4900 EXT.NOICEMAIL 24 j -s-i - ✓��S-3Y33 (631) 287-4991 FAX COMMENTS:_ v0.. ZvLt . 2 V"2 4-.2�T2v' h O fL Cr•1 s11= � - 1. 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At the August 27th Work Session, you verbally presented a number of alternatives to the Planning Board, some of which were not agreeable to me. According to my notes and recollection, you wished to adjust lot lines and swap land subject to easements currently held by the Peconic Land Trust. Any review of potential amendments to this application will require coordination between the Planning Board, your client, and the Peconic Land Trust. For this reason, I suggest you define in writing, and with a marked- up plan (in pencil), precisely what amendments you would like to make to the proposed subdivision plat. A copy of this letter and sketch should be sent to Tim Caufield of the Peconic Land Trust so that we can conduct a joint review. Finally, there is no record in the file from either Mr. Witteveen or Charles Cuddy, his attorney for this application, authorizing you to represent Mr. Witteveen on this application. A sample authorization is attached for your information. Please contact my office with any questions regarding this matter. Very_truly yours, Valerie Scopaz, AICP Town Planner VS:ck Encl. 0 PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. .r� �!� Town Hall,53095 State Route 25 Chairman P.O. Box 1179 WILLIAM J.CREMERS M Southold, New York 11971-0959 KENNETH L.EDWAR.DS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. .y O�� Fax(631) 765-3136 RICHARD CAGGIANO '1101 `lla PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 4, 2001 Mr. Enzo Morabito c/o Dunemere Associates 60 Windmill Lane Southampton, NY 11968 Re: Cove Beach Estates Dear Mr. Morabito: This letter is in response to your correspondence of October 2, 2001, in which you requested time at a Planning Board Work Session to discuss amendments to the Cove Beach Subdivision Application. At the August 27"' Work Session, you verbally presented a number of alternatives to the Planning Board, some of which were not agreeable to me. According to my notes and recollection, you wished to adjust lot lines and swap land subject to easements currently held by the Peconic Land Trust. Any review of potential amendments to this application will require coordination between the Planning Board, your client, and the Peconic Land Trust. For this reason, I suggest you define in writing, and with a marked- up plan (in pencil), precisely what amendments you would like to make to the proposed subdivision plat. A copy of this letter and sketch should be sent to Tim Caufield of the Peconic Land Trust so that we can conduct a joint review. Finally, there is no record in the file from either Mr. Witteveen or Charles Cuddy, his attorney for this application, authorizing you to represent Mr. Witteveen on this application. A sample authorization is attached for your information. Please contact my office with any questions regarding this matter. VeVruly yours, Valerie Scopaz, AICP Town Planner VS:ck Encl. 0-02-01 01:34pn From-PONEIIE ASSOC • T-256 P.01/02 F-060 w 4 /Jli� DUNEMERE ASSOCIATES REAL ESTATE October 2,2001 Ms, Valerie Scopaz C/o Southold Town,Planning Department FAX TO: (631) 765-3136 Dear Valerie, As you know. I have been trying w get a meeting with you for the past two months. I can well appreciate the fact that your workload is much greater than the amount of staff you have to complete it. You may recall,Tim Caufleld,from the Peconic Land Trust,and 1 went to your work ,ssion on August 290 and have been trying to get an appointment ever since. This is a very simple project. There seems to he some misunderstanding on your part as to the beach and pond access for the 10 lots as well as which map we are talking about. Access is not an issue at all, since all '10 lots are on the Long Island Sound (they have direct access). Tf you check the file, and the current map,the direct access of each lot should become apparent. There may have been an old map, with other lots,but this was discarded. I believe Mr. W ittevecn has done an outstanding job of preserving open space by granting a conservation easement on 70 out of 100 acres. He reduced the lot density of an approved map from 34 lots to 10 lots. He was also the critical aspect in preserving the 20+acre peninsula that juts out into Dam Pond by denying access to Mr. Latieri and Mr. Garza. This action ended up in the courts,and Mr. Witteveen personally funded the entire process. He also placed conservation easements on two waterfront lots just to the west of Cove Beach Estates. Mr. Witteveen has been extremely generous in his donations, and we are trying to finish this project. 1 am asking for an appointment at the work session this coming Tuesday (10/9/01). T will gladly meet with you prior to the Tuesday meeting to discuss this. 6o WiNPMILL JANE.•.:NUTHAMVTON.NF.W YORK 11968.(631)297-4900.FAX,(631)187-4991 Cl; ES www.d.�emcrc.c,= Gmadbroker%h@dvncrn,:re.co.n broker%h@dunere.co.n c'xn�r nna VOG?HkYWION SAC:I'I\1ib00. EAST FIhMYCON CMlENPGf.T 10-02-01 01:34am From-DJNEIERE ASSOC • T-258 P.02102 P-080 Again. 1 do sympathize with your position, but 1 require very little of your time,and T do expect to wrap this up this Tuesday. Please phone upon receipt of this letter at(631)287- 4900 ext. 24 or on my cellular(516)695-3433. Sincerely 7 Enzo Morabito,Associate Broker ECNA/ca g1►FFD(�. JEAN W. COCHRAN JAMES A. RICHTER, R.A. Sti PERVISOR � ENGINEER TOWN HALL - 53095 MAIN ROAD � • TOWN OF SOUTHOLD,NEW YORK 11971 Paz. (516)-765-1366 ��' Tel.(516)-765-1560 ri OFFICE OF THE ENGINEER TOWN OF SOUTHOLD November 17, 2000 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road D Southold, New York 11971 Re: Cove Beach Estates, East Marion, N.Y. FIV 17 2W SCTM #: 1000 — 22 — 03 — 18.7 & 18.8 SouldwI dTown Dear Mr. Orlowski : plandl Bow My last report concerning the above referenced subdivision was dated 9/7/00. Item # 3 of that report indicated that the Fire Well locations had not been shown on the latest revision of the Road and Drainage Plan. Representatives from the East Marion Fire Department have recently contacted my office concerning the locations of the proposed fire wells. They have indicated to me that a minor change to the locations of the wells would be requested. This is primarily due to the fact that the Suffolk County Water Authority has installed new water main at the entrance of the subdivision. The new locations would be as follows: 1. The first requested Fire Well location is immediately behind Manhole "E" and opposite to lot # 10 2. The second requested Fire Well location is immediately behind Catch Basin # 21 and opposite lot # 3 If you have any questions concerning the East Marion Fire Departments requested locations for Fire Wells, please contact my office. Si rely, J mes A. Richter, R.A. cc: Raymond L. Jacobs (Superintendent of Highways) • gUFFO(,� • D` ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK H Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICSSouthold, New York 11971 MARRIAGE OFFICERFax (631) 765-6145 RECORDS MANAGEMENT OFFICER y'f101 �`a�!• Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 24, 2000: RESOLVED that the 5 own Board of the Town of Southold hereby approves the amount of the subdivision bond for Cove Beach Estates in the amount of$445,160.00, with an inspection fee in the amount of$26,709.60, all in accordance with the recommendation of the Southold Town Planning Board and the Town Engineer. E abet e Southold Town Clerk October 24, 2000 OCT 30 2000 PLPLNNING BOARD MEMBE10 SOFFO��- BENNETT ORLOWSKI,JR. 0�� C Town Hall, 53095 State Route 25 Chairman �� OGy P.O. Box 1179 WILLIAM J. CREMERS O Southold, New York 11971-0959 KENNETH L. EDWARDS H Z Fax (631) 765-3136 GEORGE RITCHIE LATHAM,JR. 5 .tC Telephone (631) 765-1938 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 13, 2000 Elizabeth A. Neville, Town Clerk Town of Southold 53095 Route 25 Southold, New York 11971 Re: Cove Beach Estates SCTM#1000-22-3-15.1 & 18.3 Dear Ms. Neville: The following resolution was adopted by the Southold Town Planning Board at a meeting held on October 2, 2000: RESOLVED, to adopt the Engineer's Report, dated September 7, 2000, with the following clarification: The Planning Board does not expect the applicant to construct the tap road. BE IT FURTHER RESOLVED, to adopt the Bond Estimate, dated as revised September 7, 2000, and to recommend same to the Town Board. The Bond Estimate is in the amount of$445,160.00, with an inspection fee in the amount of $26,709.60. Please contact this office if you have any questions regarding the above. Very truly yours, %vgttl Bennett Orlowski, Jr. d Chairman J ^PLANNING BOARD MEMBEIG UFFO( BENNETT ORLOWSKI,JR. O�,OS �C Town Hall, 53095 State Route 25 Chairman �Q P.O. Box 1179 WILLIAM J.CREMERSO Southold, New York 11971-0959 KENNETH L. EDWARDS W = Fax (631) 765-3136 GEORGE RITCHIE LATHAM,JR. O .tC Telephone (631) 765-1938 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 3, 2000 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Cove Beach Estates SCTM#1000-22-3-15.1 & 18.3 Dear Mr. Cuddy: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, October 2, 2000: RESOLVED, to adopt the Engineer's Report, dated September 7, 2000, with the following clarification: The Planning Board does not expect the applicant to construct the tap road. BE IT FURTHER RESOLVED, to adopt the Bond Estimate, dated as revised September 7, 2000, and to recommend same to the Town Board. The Bond Estimate is in the amount of$445,160.00, with an inspection fee in the amount of $26,709.60. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Cr Chairman Encl.: Engineer's Report Bond Estimate ' gOFfOt,Y �� JEAN W. COCHRAro c�p� �o� JAA A. RICHTER, R.Al SUPERVISOR TOWN BALL - 57095 MAIN ROAD w = ENGINEER W TOWN OF SOUTHOLD,NEW YORK 11971 O Fax (516)-765- 1366 'y,3r0 �ppl� Tel,(516)-765-1560 OFFICE OF THE ENGINEER TOWN OFSOUTHOLD September 7, 2000 Bennett Orlowski, Jr. _ Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Cove Beach Estates, East Marion, N.Y. SEP 11 2000 1 SCTM #: 1000 - 22 - 03 - 18.7 & 18.8 1 :�tJ ihoid T JC tI Dear Mr. Orlowski : Planning �Jar'd As per your request, I have reviewed the latest submission concerning the above referenced subdivision that has been prepared by the office of Young & Young with the latest revisions dated June 20, 2000. Since this project is over three years old, I have also reviewed the file to verify any requirements that may have been omitted from the plans. My comments are as follows: 1. Please note that the Suffolk County Tax Map number has been changed. The lots have now been referenced as 18.7 & 18.8. 2. The road & drainage design has been modified to accommodate the additional lots proposed. All drainage calculations and plan changes meet the minimum requirements of the Town Code. 3. The Fire Well locations,as requested by the Planning Board on 1/24/97, have not been shown on the plans. 4. The tap road for access to lot # 1000-31-05-1.2, as requested by the Planning Board on 2/17/98, has not been shown on the plans. 5. The line indicating Top of Bluff has been indicated as approximate. It should be noted that the 100' setback for the building envelopes on each lot should be determined by actual field surveys that accurately locate the Top of Bluff. This information will be required by the Building Department when any future development of the property is proposed. Page 1 of 2 Bennett Orlowski, Jr. &airman - Planning Board &eptember 7, 2000 Re: Cove Beach Esta s, East Marion, N. Y. SCTM #: Page 2 of 2 1000 —22 —03 — 18.7 & 18.8 6. The approval by the Suffolk County Health Department has not been received. I have revised and updated the Bond Estimate to incorporate the changes as shown on the Road & Drainage plans. The Tap Road construction has not been included in the Bond Estimate. This road work will need to be designed and should include any additional drainage structures required at that location. This item will need to be added to the Bond. If you have any questions concerning this report, please contact my office. Sincerely, James A. Richter, R.A. cc: Raymond L. Jacobs (Superintendent of Highways) �gSFFO(,�C JEAN "I. COCHRAP ��° JAMS A. RICHTER, R.A. SUPERVISOR w ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (SIG)-765- 1366 'ygjr01 y �QQ`' Tel (516).765- 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE COVE BEACH ESTATES AT EAST MARION,TOWN OF SOUTHOLD SCTM#1000.22-03-18.7&18.8 REVISED September 7, 2000 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 5.4 ACRE CLEARING&GRUBBING $ 2,500.00 $ 13,500.00 2. 8,900 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 17,800.00 3. 880 L.F. BELGIAN BLOCK CURBING 10.00 8,800.00 4. 11,200 S.Y. FINE GRADING 1.50 16,800.00 DRAINAGE 5. 22 EACH CATCH BASINS 2,000.00 44,000.00 6. 6 EACH DRAINAGE MANHOLE WITH SOLID COVER TO GRADE 1,500.00 9,000.00 7. 161 V.F. 8' DIAMETER LEACHING POOL 250.00 40,250.00 8. 100 L.F. 24"DIAMETER DRAINAGE PIPE 30.00 3,000.00 9. 34,230 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 85,575.00 10. 170 L.F. 15"DIAMETER DRAINAGE PIPE 20.00 3,400.00 11. 1 EACH 24"DIAMETER PIPE END SECTION 500.00 500.00 SURFACING 12. 950 C.Y. '/:'STONE BLEND or RCA BASE 30.00 28,500.00 13. 985 TONS ASPHALT BINDER COURSE-(2 %:"Thick) 60.00 59,100.00 14. 710 TONS ASPHALT WEARING COURSE-(I %:"Thick) 60.00 42,600.00 15. 83 S.Y. CONCRETE APRON 25.00 2,075.00 16. 3 EACH STREET LIGHTS 2,000.00 6,000.00 17. 25 EACH CONCRETE SURVEY MONUMENTS 100.00 2,500.00 18 13,980 S.Y. TOPSOIL&SEED 2,000.00 27,960.00 19. 4 EACH STREET SIGNS 200.00 800.00 20. 2 EACH FIRE WELL 15,000.00 30,000.00 21. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 3,000.00 SUB-TOTAL $ 445,160.00 +6%ADMINISTRATION FEE $ 26.709.60 TOTAL $ 471,869.60 PLANNING BOARD MEMBE0 gpFFO • BENNE;TT ORLOWSKI,JR. b�0 C� Town Hall, 53095 State Route 25 Chairman h� Gy P.O. Box 1179 WILLIAM J. CREMERS p Southold, New York 11971-0959 KENNETH L. EDWARDS ti Z Fax(631) 765-3136 GEORGE RITCHIE LATHAM,JR. O .F Telephone (631) 765-1938 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: Ray Jacobs, Highway Superintendent FROM: Craig Turner, Planner RE: Cove Beach Estates major cluster subdivision SCTM#22-3-(15.1,18.3) DATE: September 8, 2000 Here is a copy of the Road and Drainage Plan for the Cove Beach Estates subdivision. This subdivision currently has preliminary approval. One thing to note is that Lot# 13 is going to be moved to the north of Lot# 12, and have access from the subdivision road. The road configuration should remain the same unless you or Jamie have problems with it. If you have any questions you can give me a call. CT ANN.: . , JEAN W. COCHRAN JAMES A. RICHTER, R.A SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366j �� Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD September 7, 2000 Bennett Orlowski, Jr. Chairman - Planning Board ' f" Town Hall, 53095 Main Road Southold, New York 11971 Re: Cove Beach Estates, East Marion, N.Y. SEP 112000 SCTM #: 1000 — 22 — 03 — 18.7 & 18.8 S OLIhold fo"n.,,1 Dear Mr. Orlowski Planning uo and As per your request, I have reviewed the latest submission concerning the above referenced subdivision that has been prepared by the office of Young & Young with the latest revisions dated June 20, 2000. Since this project is over three years old, I have also reviewed the file to verify any requirements that may have been omitted from the plans. My comments are as follows: 1. Please note that the Suffolk County Tax Map number has been changed. The lots have now been referenced as 18.7 & 18.8. 2. The road & drainage design has been modified to accommodate the additional lots proposed. All drainage calculations and plan changes meet the minimum requirements of the Town Code. 3. The Fire Well locations, as requested by the Planning Board on 1/24/97, have not been shown on the plans. 4. The tap road for access to lot # 1000-31-05-1.2, as requested by the Planning Board on 2/17/98, has not been shown on the plans. 5. The line indicating Top of Bluff has been indicated as approximate. It should be noted that the 100' setback for the building envelopes on each lot should be determined by actual field surveys that accurately locate the Top of Bluff. This information will be required by the Building Department when any future development of the property is proposed. Page 1 of 2 Bennett Orlowski, Jr. - Chairman - Planning Board September 7, 2000 Re: Cove Beach Estates, East Marion, N. Y. SCTM #: Page 2 of 2 1000—22—03— 18.7 & 18.8 6. The approval by the Suffolk County Health Department has not been received. I have revised and updated the Bond Estimate to incorporate the changes as shown on the Road & Drainage plans. The Tap Road construction has not been included in the Bond Estimate. This road work will need to be designed and should include any additional drainage structures required at that location. This item will need to be added to the Bond. If you have any questions concerning this report, please contact my office. Sincerely, James A. Richter, R.A. cc: Raymond L. Jacobs (Superintendent of Highways) gUFFO(,� JEAN W. COCHRAN JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD G TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 �' Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE COVE BEACH ESTATES AT EAST MARION,TOWN OF SOUTHOLD SCTM#1000.22-03.18.7&18.8 REVISED September 7,2000 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 5.4 ACRE CLEARING&GRUBBING $ 2,500.00 S 13,500.00 2. 8,900 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 17,800.00 3. 880 L.F. BELGIAN BLOCK CURBING 10.00 8,800.00 4. 11,200 S.Y. FINE GRADING 1.50 16,800.00 DRAINAGE 5. 22.EACH CATCH BASINS 2,000.00 44,000.00 6. 6 EACH DRAINAGE MANHOLE WITH SOLID COVER TO GRADE 1,500.00 9,000.00 7. 161 V.F. 8' DIAMETER LEACHING POOL 250.00 40,250.00 8. 100 L.F. 24"DIAMETER DRAINAGE PIPE 30.00 3,000.00 9. 34,230 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 85,575.00 10. 170 L.F. 15"DIAMETER DRAINAGE PIPE 20.00 3,400.00 11. 1 EACH 24"DIAMETER PIPE END SECTION 500.00 500.00 SURFACING 12. 950 C.Y. 3/a"STONE BLEND or RCA BASE 30.00 28,500.00 13. 985 TONS ASPHALT BINDER COURSE-(2 %:"Thick) 60.00 59,100.00 14. 710 TONS ASPHALT WEARING COURSE-(1 %,"Thick) 60.00 42,600.00 15. 83 S.Y. CONCRETE APRON 25.00 2,075.00 16. 3 EACH STREET LIGHTS 2,000.00 6,000.00 17. 25 EACH CONCRETE SURVEY MONUMENTS 100.00 2,500.00 18 13,980 S.Y. TOPSOIL&SEED 2,000.00 27,960.00 19. 4 EACH STREET SIGNS 200.00 800.00 20. 2 EACH FIRE WELL 15,000.00 30,000.00 21. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 3,000.00 SUB-TOTAL $ 445,160.00 +6%ADMINISTRATION FEE $ 26.709.60 TOTAL $ 471,869.60 PLANNING BOARD MEMBE* ��SUFFO�,�C BENNETT ORLOWSKI,JR. �O ��j Town Hall, 53095 State Route 25 Chairman = y` P.O. Box 1179 WILLIAM J. CREMERS y Southold, New York 11971-0959 KENNETH L.EDWARDS Ua T Fax(631) 765-3136 GEORGE RITCHIE LATHAM,JR. y ` Telephone (631) 765-1938 RICciARD CAGGIANO 'f101 �a0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD /b lyurl S 2000 James Richter Engineering Department Southold Town Hall Southold, NY 11971 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Cove L e Tax Map No.: 1000- old -3- ,1t Street Location: " 0� '&'1% W Hamlet Location: Fast AMnbn Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated Final Subdivision Map (Dated Road Profiles (Dated 61 -101 00 ) Grading and Drainage Plans (Dated 6 / a0 / 00 l Other (Dated _ Sketch Site Plan (Dated Preliminary Site Pian (Dated Grading and Drainage Plans (Dated Other (Dated Comments S iksc IrAM 10 3 Contact person: Clki Turner ,Scc� • RAYMOND L. AC Qo y J �S = �y ]AS A. RICHTER, R.A. SUPERINTENDENT z ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT • PECONIC LANE, PECONIC, N.Y. F,a . (516) -765-1750 'y��l �QQ�' Tel. (516) -765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD FEBRUARY 6, 1997 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: COVE BEACH ESTATES East Marion, New York 11939 SCTM #: 1000 - 22 - 03 - 15.1 & 18.3 Dear Mr. Orlowski : As per your request, I have reviewed the latest submission for the above referenced project. The drainage design and proposed road construction meets all of the requirements listed in the Town Code Highway Specifications. However, at this time I would like to clarify one issue. Due to the proposed density of the overall project (R-200 or less), a sixteen foot wide road has been proposed.; The Town Code does allow roads to be constructed at this width but they can not be dedicated to the Town. I have also reviewed the bond estimate prepared by the office of Young & Young. Enclosed you will find a copy of the revised estimate that was prepared for your use. Please note that Street Trees were not included in the bond estimate. This project is situated almost entirely in a wooded area. Since the first 2,600 feet of road is fronted on both sides by open space, it would seem more desirable to allow the existing trees to remain. Care should be taken during the clearing and grubbing phase of the project to remove only those trees that would be necessary for the proposed road construction and future access by emergency equipment. If you have any questions concerning this report, please contact my office. cerely, �' -k James A. Richter, R.A. cc: Raymond L. Jacobs (Superintendent of Highways) �lr�i FLL'. CHARLES Ii. CiUDDY ATTORNEY AT LAW 445 GHIFFINGAVENOE F.O. BOX 159 7 TEL: (6131)4 b0-8200 RIVERHEAD,NY11901 FAX:MBI)fl60 6 80 June 28, 2000 Melissa Spiro Southold Town Planning Board Main Road Southold, NY 11971 Re: Witteveen - Cove Beach Estates Dear Ms. Spiro: Enclosed are five each of the following revised maps: 1. Final road and drainage 2. Final plat Please review these and advise. Thank you. Very Qtruly yours, V Charles R. Cuddy Enclosures CRC:cg JUN 3 0 2000 <3outhold `gown Planning $oarc CHARLES A. CUDDY ATTORNEY AT LAW 445 Gill FFING AN,ENUE R 0. BOX 1547 TEL:(0311368-8200 RIVERHEAB.NY 11901 FAX: 16311368-8030 March 27, 2000 Melissa Spiro Southold Town Planning Board Main Road Southold, NY 11971 Re: Cove Beach Estates -Witteveen Dear Ms. Spiro: Enclosed is a proposed revision of lot lines for the ten lots on the Cove Beach Estates Subdivision Map together with a proposal to merge parcels shown on the Russell-Uhl Subdivision to the West of the Cove Beach Subdivision. Would you please read this map and then advise when we may meet to discuss this proposal? Very truly yours, � A Charles R. Cuddy CRC:cg Enclosure MAR 2 8 2000 Southold Town Planning Board { r t�}yl y'. < � A 4 ,' •aYh 4l� , � r{� "r rr,,ra�a�cF4r , `�.k�'�1iY'"'�-`7 � , ri� 5, t , 1 L h yr ` I Iw x v 4, 1 s'. t ijl+—.v,t + ..1 f r I' t r + ,r � �'I p:k ItV '- Altl` �.• Sf rr r r 44'If s� , �• �+' �+'�"16 Y} rl}�� A', l� it {< -: '. :J} \,' y�g�Y�Y71 yywr �3at7 i{7 x1 /�v '{{ � ,J yy e11{ 1 '..Y,f, f7}�T+ f .....-"' 'S., nl+. f• f r r 7 1 ,1S 1oy: "N��'IV} ;�{�1 I ,F�r{ li/' I'(�1i ��',A''� ll' /�' I♦ � S `1 S V �v�.aC�..y �+,.Y�,a r fl � +FLa IF t� fit �� K. / (Y4' � !r ;t ' I b.Y' a 1?,: ?S - R "1'� i !'#'" � x'''''444 al S'Yt r. 1„ ! �jy '.1 y x �1FY # � r•1 +� u � da Q � 1 ! 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N4 r1{'"'�r'r }fir, ! + � t .� ! '.."i 4 �ry��'�/ '��„� /t�rf9 , t•�i+ � V lfl •. � v'I,:. ;�LWy✓:.S r ��1+ V r � r y , i 4 11 qk� gt ICY II n N !r IV I r T 1 ✓ 5 a a d y t h g y - yyrUyi ,WlH � rt�5 i r 74017 40 �SIJ,Ua • I U I � sup F GHARLES A. GUDDY ATTORNEY AT LAW 445 GRIFFINGAVENIJE E O. BOX 1547 TEL:(516)369-8'200 RIVERHEAH,NY 11901 FAX: (516)3900080 April 9, 1999 Ms. Melissa Spiro Southold Town Planing Board Main Road Southold, NY 11971 Re: Cove Beach Estates Dear Ms. Spiro: We are in the process of obtaining a performance bond for the above subdivision. The insurance company has requested an engineering report from the Town. Please indicate if there is any report prepared other than the bond estimate dated February 5, 1997 which you. had previously forwarded to us. If an independent report exists, would you please mail it to me. Very truly yours, Charles R. Cudd CRC:ejc 13 1999 iwn plWojog S CHARLES R. CUDDY MS ATTORNEY AT LAW 445 GRIFFING AVENUE H O. BOX 1547 RIVERHE D,NY 11001 TEL:(518)BB9820O FAX:(516)8699000 February 12, 1999 Town of Southold Planning Board z 53095 Main Road 1114� P.O. Box 1179 Southold, NY 11971 Attn: Melissa Spiro Re: Cove Beach Estates ':u: :,i'i=s or% ' Dear Melissa: In accordance with my discussion I am enclosing the print of the Cove Beach Subdivision Map which has been amended by Young & Young to reflect an easement extending from the end of the cul-de-sac to the subdivided lots formerly owned by Russell and Uhl. This permits access to those lots. However, the Board should also be aware that two of these lots have been included in the conservation easement area deeded to the Peconic Land Trust by Mr. Witteveen. Therefore there will be limited development at this site. This new easement is intended to replace the existing easement which ran north and south through the center of the Cove Beach parcel. Re: North Bayview Associates I have enclosed the yield map for North Bayview Associates, and wish to discuss with the Board a proposed layout for subdivision of this parcel. Very truly yours, itn 1�k�'? Charles R. Cuddy CRC:ejc Encs. P.S. It is my understanding that both of these matters will be on the work session agenda of the Planning Board for February 22nd. CHARLES R. CUDDY Attorney at Law 455 Griffing Avenue Riverhead, New York 11901 Tel 1516-369-8200 Fax #516-369-9080 TO: Melissa Spiro 0 Southold Planning Board 516-765-3136 TELECOPIER COVER SHEET Total Number of pages 1 including cover sheet. If transmission is faulty or incomplete, please inform us as soon as possible. Phon0 - (516) 364-8200 Fax - (516) 369-9080 Operator: Ellen Cinque JUL 0 6 1999 Dated: July 21 1998 Southold Town Comments: Re: Cove Beach Estates Planning Board On March 4 , 1997 the Town Board approved a revised bond estimate showing a bond for the roads and improvements in the: sum of $392 , 985 . 00. However, I do not have the recommendation of the engineer and inspector setting forth the calculation for that sum. Would you please forward this to me. Charles R. Cuddy ----•---------------------------------------------------- -..-------- This fax transmission together with materialr foiloN�inq ar• intended for the person or persons named hereon and are considered Confidential information. If you have received this transmission in error you are directed to return these materials immediately by regular mail to the sander at the above address. Postage incurred for the return will be paid by this firm. --------•--------------------------------------------------•-------- CHARLES R. CUDDY Attorney at Law 455 tariffing Avenue Riverhead, New York 11901 Tel 1516-369-8200 Pax 0516-369-9080 TO: Melissa Spiro @ Southold Planning Board 516-765-3136 TELECOPIER COVER SHEET Total Number of pages _ l_ including cover sheet. If transmission is faulty or incomplete, please inform us as soon as possible. Phone - (516) 369-8200 D D Tax - (516) 369-9080 Operators Ellen Cinque JUN 3 O 1998 Dated: June 29, 1998 Southold Town Comments: Re: Cove Beach Estates Planning Board On March 4 , 1997 the Town Board approved a revised bond estimate showing a bond for the roads and improvements in the sum of $392 , 985. 00 . However, I do not have the recommendation of the engineer and inspector setting forth the calculation for that sum. Would you please forward this to me. Charles R. Cuddy ,1g19r M%4 ----------------------------------------------r--------------------- This fax transmission together with materials following are intended for the person or persons named hereon and are considered Confidential information. If you have received this transmission in error you are directed to return these materials immediately by regular mail to the sender at the above address. Postage incurred Pt3 CAAAE LS B. CUDDY ms ATTORNEY AT LAW 446 GBLFF Ko AVENUE P.O.BOX 1647 TEL:16161 368-8200 RIVEBHEAD,NY 11601 FAX:(616)3668080 June 9, 1998 Southold Town Planning Board Main Road Southold, NY 11971 Re: Witteveen - Cove Beach Estates Gentlemen: In connection with the completion of the requirements for Cove Beach Estates, the applicant, in conjunction with the Peconic Land Trust, proposes to sign a Road Management Agreement. It is my understanding that this is similar to other agreements that have been entered into for road management and I believe will satisfy your requirements. Enclosed is a copy of that proposed agreement. Please advise if this is acceptable so that we may complete the agreement, have it properly signed and acknowledged and submit it in final form. For your information, we also expect to submit the subdivision bond shortly. Very truly yours, (�J ,,,f- Charles �ud�� CRC:JML Enclosure Sx�ce -fo C. L���� re•. �cc.� l�da V.o.�¢.rv.c,�,X Nyn-t.�^s�� Ok bat �-e ?LT no bn5er� rAC, .aJ.VV MS JUN 11 1998 Southold Town Planning Board DECLARATION OF COVENANTS AND RESTRICTIONS AND ROAD MANAGEMENT AGREEMENT THIS DECLARATION, made this day of May, 1998, by and between RAOUL J. WITTEVEEN, residing at 368 Daniels Lane, Sagaponack, New York 11962, (hereinafter referred to as the "Declarant") . Contemplated by, and necessary for this Declaration is Peconic Land Trust, Incorporated, a New York not-for-profit corporation having its principal office at 296 Hampton Road, Southampton, New York 11968, (hereinafter referred to as "PLT") , known collectively as the "Parties" . W I T N E S S E T H WHEREAS, the Declarant has currently received Conditional Final Approval on a subdivision known as "COVE BEACH ESTATES" to be filed in the Suffolk County Clerk's Office simultaneously herewith. Said subdivision is further identified by Suffolk County Tax Map as District 1000, Section 022 .00, Block 03 . 00, Lot 018. 004 and is located within the Town of Southold and consists of approximately 98. 3783 acres of land (hereinafter referred to as the "Property") , more fully described in Schedule A attached hereto; and WHEREAS, Declarant has utilized the services of PLT in designing and implementing a conservation development plan for the aforementioned Property thereby reducing the allowable density on the property to 10 residential units; and WHEREAS, one of the conditions of receiving Final Approval on the subdivision is the implementation of a roadway management Declaration that will provide an efficient and enforceable mechanism for road maintenance and management of the common right- of-way servicing the 10 residential lots; and WHEREAS, Declarant wishes to encumber said 10 residential lots, hereinafter referred to as the "Development Area", with the covenants and restrictions contained within this Declaration and to agree to the following strategies and mechanisms contained herein for the successful and efficient administration of the purposes of this Declaration; and WHEREAS, in furtherance of these purposes, Declarant has deeded a portion of the property consisting of acres, located in the Town of Southold, Suffolk County, New York, more fully described in Schedule B attached hereto (and hereafter referred to as the "Roadway") to PLT subject to a retained right-of-way, and acceptance of said Roadway by the Board of Directors of PLT was granted at a meeting held on ; and WHEREAS, Declarant desires to utilize PLT as the Roadway Manager to administer the care and maintenance of the Roadway for the benefit of the 10 residential lots; and WHEREAS, PLT is a qualified not-for-profit charitable organization under Section 170 (h) (3) of the IRC of 1986, and PLT has the necessary experience and resources to carry out the duties and responsibilities under this Declaration; and WHEREAS, the Parties have determined it to be desirable and beneficial to enter into this arrangement through this Declaration for the purpose of imposing these covenants and restrictions upon the Property to assure the orderly and attractive development of the Property, and to protect and maintain the environmental integrity of the Property; and WHEREAS, the Parties desire to construct a Roadway, under the terms of this Declaration, to provide ingress from, egress to and regress between the residential lots and for the benefit of both Parties and the Development Area as a whole; and WHEREAS, the Parties desire and agree that PLT is to be designated as the Roadway Manager for said Roadway, and PLT shall manage, administer, maintain and operate the road, greenways, buffers and all areas of the Roadway during the term hereinafter set. forth in accordance with the provisions of this Declaration; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for purposes of carrying out the intentions above expressed, and also in consideration of the foregoing recitals, Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby make known, admit, publish, covenant, and agree that the lots within said subdivision map shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: A. Definitions For purposes of this document, the following terms, as used in this Declaration, shall have the meanings indicated, unless the context clearly requires otherwise: 1. Lot Owner(s) -Person or persons who holds fee simple ownership of one of the residential lots shown on the Final Plat of COVE BEACH ESTATES to be filed simultaneously herewith (and currently shown as " " on a map entitled " " and filed in the Office of the Suffolk County Clerk on as map # ) not to exceed 10 lots as mentioned above. This Declaration and its terms and conditions shall be binding on Lot Owner(s) , their successors, lessors and assignees. As contemplated by this Declaration, Declarant currently owns all 10 residential lots as they are shown on said final plat, but will release ownership interest in the Lots as they are sold to qualified buyers. 2 . Roadway Manager-Person or Persons responsible for duties relating to the management and maintenance of the Roadway under this Declaration. 3 . Development Area - Term used to refer to land aggregate of Lots 1 through 9 as designated on the aforementioned final plats for purposes of this Declaration. The Development Area contains the residential lots that are intended to be burdened with the covenants and restrictions contained within this Declaration. B. Permitted and Prohibited Uses-Roadway 1. The Roadway shall be used by the Lot Owner(s) subject to the following restrictions: (a) When servicing, installing or maintaining utility and service lines along the Road, Lot Owner(s) shall have his/her agents, employees, contractors, subcontractors and other representatives use reasonable care not to damage the Roadway by disturbing the surface of the Roadway or disturbing the shrubbery or other landscaping, and the Roadway shall be returned to its original condition when work was commenced by the Lot Owner(s) . (b) The Roadway shall not be used for dumping or abandoning of any waste or debris on or along its length. (c) No construction or installation of any structures of any kind, permanent or otherwise (including but not limited to gates) , may be made without prior written consent of the Roadway Manager, as defined by this Declaration. (d) The scenic view afforded by the Roadway shall not be impeded or obstructed by any construction, installation or landscaping activity connected in any way with a Lot Owner(s) . C. Maintenance and Management of Roadway 1. Lot Owner(s) hereby covenant, agree and publish that PLT shall manage, administer, maintain and operate the Roadway in accordance with the provisions of this Declaration. PLT agrees to provide year-round management of the Roadway as a right-of-way in accordance with normal, customary and responsible management practices currently in use, subject to other provisions of this Declaration, and subject to the provisions of the code of the Town of Southold covering highway/road specifications. These practices include, but are not limited to: (a) The routine maintenance of the Roadway in all respects, including litter collection, snow plowing, landscaping and maintenance of greenways and the cul-de-sac in an aesthetically pleasing manner, and to repair the paved areas as necessary to keep the Roadway in good and working order. (b) The use of such agents, personnel, subcontractors, or employees deemed by PLT to be reasonably necessary to carry out PLT's responsibilities under this Declaration. Such personnel shall for all purposes be deemed agents, subcontractors and/or employees of PLT and there shall be no relationship created between Lot Owner(s) and any such personnel for these purposes. (c) The maintenance of the Drainage Easement, in good working order, as described in Schedule D, for the benefit of the Development Area as a whole, including, but not limited to, the repair and replacement of the drainage structures on the described portions of Lot 4 and Lot 5 to insure proper drainage of the affected area. 2 . PLT agrees to maintain in effect at all times during the term of this Declaration a policy of public liability insurance having a face amount not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Roadway management costs as stated in paragraph D, below. 3 . In addition to the insurance provided above, PLT shall be named as an additional insured on individual homeowner policies contained in the Development Area. D. Roadway Management Costs 1. As the Roadway Manager operating to benefit the Lot Owner(s) in the Development Area, PLT, in its sole discretion, shall: (a) Prepare an annual budget and apportion to Lot Owner(s) in the Development Area an equal share of the costs of managing the Roadway on a yearly basis (hereinafter referred to as Maintenance Costs) , including, but not limited to costs of administration, taxes, insurance, maintenance and repair of the Roadway and its appurtenant Drainage Easement. PLT shall present its proposed annual budge tot he Lot Owner(s) for approval in accordance with Paragraph G of this Declaration. PLT agrees to implement a policy for the collection of such Maintenance Costs that will operate to insure such Maintenance Costs are collected from the Lot Owner(s) including, but not limited to, the registration of a lien on the Lots for uncollected Maintenance Costs. PLT also has the ability to impose penalties or fines upon the delinquent Lot Owner(s) for failure to make such payments. (b) Maintain a "Reserve Fund" for extraordinary repair and replacement of the Roadway. Money for the Reserve Fund shall be placed in a non-interest bearing account and held separately from the general funds. The annual Reserve Fund fee for each lot shall be $ based upon the attached Roadway Maintenance Estimate, hereinafter referred to as Exhibit "A" and shall be computed by the estimated payments from each of the Lot Owner(s) that would be necessary to reach the appropriate sum over a ten (10) year period. (c) In the event that sufficient funds are not available in the above mentioned Reserve Fund, PLT may recommend a Special Assessment in the event of an unforeseen extraordinary expense. Such Special Assessment must be approved by a simple majority of Lot Owner(s) . Once approved, notice must be served by PLT or its agents or assigns in writing, outlining the amount of the Special Assessment and the reasons therefore. All Lot Owner(s) so assessed shall be obligated to promptly pay the amount of the Special Assessment to PLT, its agents or assigns. 2 . The Lot Owner(s) hereby covenant that each subsequent owner of any such Lot, or portion of a Lot, by acceptance of deed, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay PLT, its agents and assigns, the Maintenance Costs, Reserve Fund fee, and Special Assessment as detailed in paragraph D(1) above. Each of the Maintenance Costs, Reserve Fund fee and Special Assessment shall also be the personal obligation of the person who was owner of the Lot at the time the assessment became due. E. Terms of Payment 1. All Maintenance Costs and Reserve Fund fees as outlined in paragraph D(1) (a) and D(1) (b) above, and Special Assessments, as detailed in paragraph D(1) (c) above, shall be billed to the Lot Owner(s) in their proportionate share, and shall be required to be paid within thirty (30) days after the date of the bill submitted by PLT or its agents or assigns. Said costs and funds shall be billed on or about July 1 of every year. Maintenance Costs may be payable in semi-annual or quarterly installments at the Lot Owner(s) annual election. If the Lot Owner(s) desire to exercise this option, they must notify PLT in writing within thirty (30) days of the date that said bill was mailed to Lot Owner(s) . 2. The Lot Owner(s) shall comply with the terms of this Declaration as the same may be lawfully amended from time to time. In the event that any Lot Owner(s) fails to comply with the terms set forth herein, or any amendment herein, within thirty (30) after notice of violation is given by PLT, then PLT, its agents or assigns, shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Declaration. F. General Provisions 1. This Declaration may not be repealed, vacated or amended without the written approval of PLT, its agents or assigns and the written approval of the Lot Owner(s) of at least three (3) Lots. This Declaration and any amendments hereto shall become effective upon recordation in the Suffolk County Clerk's Office, New York. 2 . In case any provision of this Declaration shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected thereby. 3 . The provisions contained in this Declaration shall be deemed covenants running with the land, and shall be binding upon and shall inure to, the benefit of the Lot Owner(s) of the Development Area and their heirs, assigns, successors and legal representatives. 4. The rights and responsibilities stated in this Declaration shall not lapse or be deemed extinguished by violation or by non- use. 5. For all purposes of this Declaration, Declarant or his designated agent or assignee, shall be considered a Lot Owner) s) , and shall be entitled to one vote for each, lot he retains ownership of when the Lot Owner(s) are required to vote. 6. All notice required under this Declaration shall be to the Lot Owner(s) address within the Property, unless other arrangements have been made by the Lot Owner(s) . Notice shall be deemed effective when mailed. Posting of Lot Owner(s) property within the Development Area in a method reasonably calculated to provide actual notice shall be sufficient under this Declaration, and shall be effective as of posting. G. Approval of Annual Budget 1. PLT, or its successors or assigns, shall prepare an annual budge for the Roadway Management Costs as outlined in Paragraph D. Said budget shall be prepared and mailed to Lot Owner(s) at their last available address. After said budget is mailed, Lot Owner(s) shall have thirty (30) days to vote to approve or reject said proposed budget. If this power is not exercised within thirty (30) days, said vote shall operate as a vote for approval. 2 . The annual budget must be approved by a simple majority of all Lot Owner(s) . In the event of a tie, the Roadway Manager shall provide a thirty (30) day comment period for all Lot Owner(s) to comment on the proposed budget. The Roadway Manager shall then prepare a Revised Budget which shall be mailed to the Lot Owner(s) as detailed above. In the event of a tie vote with regard to the Revised Budget, the Roadway Manager shall be entitled to a single vote. H. Assignment 1. The rights, duties and provisions of this Declaration are designed to be appurtenant to the real property within the Development Area and for the benefit of the Lot Owner(s) . As such, the Lot Owner(s) shall not be permitted to assign these rights, duties and privileges to any party wherever situated. However, a party in possession of any property through rental or otherwise shall be deemed an agent for the Lot Owner(s) for all purposes, and must abide by the terms of this Declaration. However, the Lot Owner(s) shall be the party ultimately responsible for payment of Special Assessments, Reserve Fund fees and Maintenance Costs under this Declaration. 2 . As the Roadway Manager, PLT retains the right to assign its duties, privileges and rights contained in this Declaration to a third party that is qualified and willing to perform the duties of the Roadway Manager in this Declaration. PLT may assign its duties and obligations under this Declaration while still maintaining ownership of the Roadway, and any other real property that it may hold in fee or otherwise. If PLT exercises this option, it must: (a) Provide notice (pursuant to Paragraph F, supra) to Lot Owner(s) of PLT's decision to exercise this option at least thirty (30) days prior to beginning a selection process. (b) Provide Lot Owner(s) with the option to select a suitable Roadway Manager, including but not limited to the formation of a property owners association or other arrangement as detailed in Paragraph I below. (c) Provide Lot Owner(s) with notice that a Roadway Manager has been selected and provide them with suitable information to allow a smooth substitution of this party for PLT. 3 . Upon assignment of PLT's obligations under this Declaration, PLT shall cease to be a party to paragraphs C, D, E and G of this Declaration. PLT may, at its option, retain ownership of the Roadway and the Drainage Easement, without incurring obligation or liability under this Declaration. I. Lot Owner(s) Power of Election 1. The Lot Owner(s) shall have the power and ability to retain a Roadway Manager other than PLT for the Roadway without extinguishing their rights and obligations under this Declaration. For this right of election to vest and become valid under this Declaration, the following conditions must be met: (a) At least four of the Lots must be conveyed to a Lot Owner(s) other than (b) A simple majority of all Lot Owner(s) must agree to exercise this power. (c) Lot Owner(s) must provide written notice of their intent to exercise this power to PLT by certified mail at the address for PLT stated herein. 2 . At the receipt of notice of Lot Owners) intent to retain a Roadway Manager, either through contract or through formation of an organization qualified to fulfill the duties of a Roadway Manager, PLT agrees to act as Roadway Manager for a period of not longer than sixty (60) days to allow Lot Owner(s) to successfully arrange for a new Roadway Manager. 3 . In such event that a new Roadway Manager is retained, Lot Owner(s) and PLT shall be released from obligations incurred under Paragraphs C, D, and E above. However, all other provisions of this Declaration shall remain in force and binding on the Parties and Lot Owner(s) , their heirs, assigns, agents and successors. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. WITTEVEEN PLT hereby accepts all rights duties and responsibilities under this Declaration as of the date first written above. Acknowledged, Approved and Accepted: PECONIC LAND TRUST, INCORPORATED By: John v.H. Halsey, President STATE OF NEW YORK ) ss. . COUNTY OF SUFFOLK ) On this day of 1998, before me personally came RAOUL J. WITTEVEEN, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public • 0 STATE OF NEW YORK ) ss. . COUNTY OF SUFFOLK ) On this day of , 1998, before me personally came E. BLAIR McCASLIN, who, being by me duly sworn, said that he resides at , P.O. Box 424, Bridgehampton, New York, and that he is the Treasurer of Peconic Land Trust, Incorporated, the organization described in and which acknowledged and accepted all of the rights and responsbilities under the foregoing instrument, and duly acknowledged that he executed the same by authoirty of the Board of Directors of said corporation. Notary Public THE WITHIN DECLARATION SHALL RUN WITH THE LAND AND SHALL BE BINDING UPON DECLARANT, HIS SUCCESSORS AND ASSIGNS, AND UPON ALL PERSONS OR ENTITIES CLAIMING UNDER THEM, AND MAY NOT BE ANNULLED, WAIVED, CHANGED, MODIFIED, TERMINATED, REVOKED OR AMENDED BY SUBSEQUENT OWNERS OF THE LOTS UNLESS AND UNTIL APPROVED BY A MAJORITY OF THE LOT OWNER(S) AND THE CURRENT ROADWAY MANAGER. Subneission Without a Corer Letter Sender: LI , `-V S"J`I SaWeet: el uU �QaG� SCTMA 1000- 2Z - 3_ 15, Date: Comments: / 4 ��1�`td f4�eweb VI^'O` , Ak-T dos 6-LM respi%,c 0-0 Ix2 z' k7l4S 1e4kk2. APR 2 9 1998 Southold Town Planning Board PECONIAAND TRUST MS 296 Hampton Road,P.O.Box 2088,Southampton,NY 11969 (516)283-3195 Fax:(516)283-0235 February 25, 1998 Peter Ackras Suffolk County Dept. of Health Services Suffolk County Center, #S-238 Riverhead,NY 11901 Re: Reference#986 and#S 10-97-0001 Dear Peter, As we have discussed,the Cove Beach subdivision received the Department of Health approval a couple of months ago, but the mylars were never stamped. We submit both the mylars and paper copies now for the Department of Health subdivision approval stamp and request a call to pick them up at your earliest convenience. Thank you very much for all your assistance with this project. We look forward to working with you on many more conservation plans. Thank you very much. Sincerely yours, Melanie A.Tebbens Director of Conservation Programs Enclosure cc: Charles Cuddy, Esquire Raoul Witteveen D /Melissa Spiro MAK 2 1998 Southold Town Planning Board • ��gUFFO(�-c� PLANNING BOARD MEMBERS hy�9GGy Q BENNETT ORLOWSKI,JR. .4 Town Hall, 53095 Main Road Chairman H Z P.O. Box 1179 WILLIAM J. CREMERS O i7� Southold, New York 11971 KENNETH L.EDWARDS � 0!3/ Fax (516) 765-3136 GEORGE RITCHIE LATHAM,JR. �! �a,' Telephone(516) 765-1938 RICHARD G.WARD � PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 17, 1998 Charles R. Cuddy 445 Griffing Avenue P.O. Box 1547 Riverhead, New York 11901 RE: Proposed Major Subdivision Cove Beach Estates SCTM# 1000-22-3-15.1, 18.3 Dear Mr. Cuddy: I reviewed the Map of Cove Beach Estates last dated August 21, 1997, and the status of the subdivision, with the Planning Board at the February 10, 1998 work session. I have listed the information necessary to complete the subdivision below. 1. Final maps (last dated August 21, 1997) must be submitted. The maps must contain: A. A stamp of approval from the Health Department. B. The two (2) firewells required by the East Marion Fire Department. C. A notation in regard to the road tap the Planning Board required to allow for access of the adjacent properties to the east to Main Road. D. A 100' setback from the top of the bluff. E. A 75' setback from the wetland adjacent to Lot #10. The above mentioned information must be submitted prior to the scheduling of the final hearing. 2. As we discussed, your client has purchased the the Russell-Uhl parcels to the west of the Cove Beach parcel. Your client is proposing to change the access to these parcels from the right-of-way over the Cove Beach parcel to a different right-of-way. Please submit documentation in regard to the revised right-of-way prior to the scheduling of the final hearing. Cove Beach Estates February 17, 1998 Page 2 3. The Planning Board is requiring the filing of a Declaration of Covenants and Restrictions in regard to the proposed 10 lots. A draft Declaration must be submitted prior to the scheduling of the final hearing. Once the Declaration is approved by the Planning Board, it must be recorded and the Liber and Page Number must be indicated on the final subdivision map prior to any final approval of the subdivision. The following must be included in the Declaration of Covenants and Restrictions: A. A statement that there shall be no further subdivision of any lot in perpetuity. B. A statement limiting the clearing and grading within the 100' foot setback from the bluff and the 75' setback from the wetland to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. C. A statement that stormwater runoff resulting form the development shall not be discharged down the bluff, and that all stormwater runoff shall be contained on site. D. The terms for the road tap to the properties to the east of the Cove Beach subdivision. E. The terms for the maintenance and ownership of the road. The terms for the maintenance and ownership of the road will be detailed in the Homeowners Association. However, the Declaration of Covenants and Restrictions should note that the terms are outlined in the Homeowners Association. F. The following paragraphs: That in addition to the rights of other parties to enforce the conditions and restrictions of the covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, their heirs, executors, legal representatives, distributees, successors, and assigns, to enforce the conditions and restrictions of the covenants. That the covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. That the Declaration cannot be annulled, waived changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. Cove Beach Estates February 17, 1998 Page 3 4. A draft of the Homeowners Association must be submitted for the Planning Board's review prior to the scheduling of the final hearing. The HOA must be recorded prior to any final approval of the subdivision. 5. On March 4, 1997, the Town Board approved a revised bond estimate amount of $392,985.00 with an administration fee of $23,579.10. The Performance Guarantee and the administration fee must be submitted prior to any final approval of the subdivision. Please feel free to contact me if you have any questions regarding the above. Sind Melissa Spiro Planner PECONAAND TRUST WN 296 Hampton Road,P.O.Box 2088,Southampton,NY 11969 (516)283-3195 Fax:(516)283-0235 IF February 11, 1998 Ms. Melissa Spiro Southold Planning Department Southold Town Hall 53095 Main Road Southold,NY 11971 Re: Cove Beach Subdivision Dear:Melissa, Enclosed please find a copy of the final subdivision map stamped by the Department of Health with their approval for Cove Beach Estates. We will be forwarding the stamped milars to you as well in the next few days. Please let us know if you need additional copies. Thank you very much. Sincerely yours, Melanie A. Tebbens Director of Conservation Programs Enclosure cc: Charles Cuddy 4} Southold Town Planning Board YOUNG &YOUNG S Planning, Engineering&Land Surveying 400 Ostrander Avenue Tek*m(5161727-2902 Riverhead, New York 11901 Leearmle(516) 727-0144 HOWARD W.YOUNG,Lend Surveyor THOMAS C.WOLPERT,Pmfetdow Engneer KENNETH r.ARRUZZO,Lend Sm ew JOHN SCHNURR,1.4nd swveym February 3, 1998 ATTN: Ms. Melissa Spiro Town of Southold Planning Board Main Road Southold, New York 11971 RE. COVE BEACH ESTATES at East Marion, T/O Southold, New York (94-0452) Dear Melissa: Pursuant to the request of Charles R. Cuddy, Esq., enclosed are two (2) sets of the Final Plat prepared for the above captioned, Sheet 1 of 4, last dated August 21,1997, Sheets 2 through 4, dated November 27, 1996, for your use. Very truly yours, Kenneth F. Abruzzo KFF(/dc1 Encl.--�� 17�� n r. FEB 05 lye Southold Town Planning Board Mt5 CHARLES A. CUDDY ATTORNEY AT LAW 445 GRIPPING AVENUE P.O.BOX 169.7 TEL:16191 3BB-8200 RIV HRAD.NY 119o1 FAX:16191 3998080 January 26, 1998 Planning Board Town of Southold Main Road Southold, NY 11971 Attention of Melissa Re: Cove Beach Estates Dear. Melissa: Enclosed is a copy of the final covenant recorded against the Cove Beach site. Please indicate what further requirements are necessary to obtain final subdivision approval. In this connection it is my understanding that you are in receipt of the subdivision map endorsed by the Suffolk County Department of Health Services. Very truly yours, Charles R. Cuddy CRC:JML Enclosure D II JAN 3 0 1998 Southold Town Planning Board BOXES 5 THAU 9 MUST BE TYPED PRINTED W BLACK INK ONLY&OR TO RECORDING OR FILING. 1 I SUFFOLK COUNTY CLERIC 2 3 IJP# 11869PC975 Nr—.ri k rk66L c ' ncumherofpge54 r TORRENS - �o DEC pr 1997 p CDC �: Serial# Certificate# meg)' a ry1 Y o 1'f'1 Prior # 110-1 ZA Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 41 FEES Page/Filing Fee Mortgage Amt. _ Handling C,_ 1. Basic Tax _ TP-594 2. SONYMA Notation Sub Total _ EA-5217(County) Sub Total ,_ 3.Spec./Add. _ EA-5217(Stale) TOT.MTG.TAX RP.T.S.A. � ._ Dual Town_Dual County * Held for Apportionment_ Comm. of EJ. S_._UO_ pl R �� Transfer Tax _ Affidavit Mansion Tax _ I certified Copy .' The property covered by this mortgage is or will be improved by a one or two Reg. Copy _ Sub Total �._ family dwelling only. YES— or NO— Other O_Other GRAND TOTAL In-Z. If NO,see appropriate tax clause on _..__ page# of this instrument. Real Property Tax Service Agency Verification d Title Company Information Dist Section Block Lot A 4; 1000 02200 03 OC) Mau 1000 Company Name Title Number 71 FEE PAID BY: Cash Check_Charge Peconic Land Trust Incorporated Payer same asR&R_ P .O . Box 2088 Southampton, NY 11969 OR: RECORD & RETURN TO ,9 Suffolk County Recording & Endorsement Page This page forms part of the attached Conservation Easement made by: (Deed, Mortgage, etc.) Raoul J . witteveen The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold Peconic Land Trust , Inc . In the VILLAGE or HAMLET of East Marion DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT, is made on the a9tay of December, 1997 at Southampton, New York. The parties are Raoul J. Witteveen, residing at 368 Daniels Lane, Sagaponack, New York 11962 (herein called the "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 296 Hampton Road (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of approximately 98.38 acres of real property located in the Town of Southold, Suffolk County, New York, known as Final Plat of Map of Cove Beach Estates, dated November 27, 1996, hereinafter more fully described in Schedule A, attached hereto and hereby made a part hereof, and hereinafter referred to as the "Property", further described as Suffolk County Tax Map Parcel Number 1000-22-3-15.1 and 18.3; and WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code, Section 100-30; and WHEREAS, the Property is currently restricted by a Conservation Easement held by Peconic Land Trust executed on December 23, 1995, and recorded in the Suffolk County Clerk's Office on December 29, 1995 at Liber 11756 Pg. 282, and known as the 1995 Easement, which restricted the property from a yield of thirty four (34) single family residences to twenty six (26) single family residences; and WHEREAS, the 1995 Deed of Conservation Easement was amended on December 18th, 1996, which Amendment of Deed of Conservation Easement was recorded on December 31, 1996 at the Suffolk County Clerk's Office, to further restrict the Property to seventeen (17) single family residences with appurtenant structures and improvements, thereby creating an Open Area equal to 46.70 acres, and a Development Area equal to 51.68 acres; and WHEREAS, Grantor wishes to further restrict the Property in consideration of the conservation values of the Property and as a product of his own charitable intentions by granting a Conservation Easement over the Property thereby restricting the Development Area to no more than ten (10) single family residences with appurtenant structures and improvements, and thereby increasing the Open Area from 46.70 acres to 68.82 acres (as described in Schedule B attached hereto) and to reduce the Development Area from 51.68 acres to 29.56 acres (as described in Schedule C, attached hereto) so that a substantial portion of the Property shall remain in its open, undeveloped and scenic state, and to that end restates the restrictions applicable to the entire parcel; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County. New York; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property has approximately 650 feet of frontage on Long Island Sound and approximately 450 feet of frontage on Dam Pond that provides the public with significant scenic vistas of contiguous woodland, wetlands and shoreline; and WHEREAS, the Property contains the following rare species, classified as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant), Erchtites Megalocarpa (fire weed), Petentilla anserina, sub species sb.pacifica (silver weed) and Digitaria Filisormis species; and 1 1 WHEREAS, the Property in its present scenic, agricultural and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact that it has not been subject to any extensive development; and WHEREAS, the Grantor and Grantee recognize the value and special character of the region in which the Property is located, and the Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Open Area as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, the Grantee has determined it to be desirable and beneficial and has requested the Grantor, for itself and its successors and assigns, to grant a Conservation Easement to the Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW,THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental, scenic, open space and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for environmental, scenic, agricultural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board on November 13, 1995, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, scenic, agricultural and aesthetic 2 resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to: an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures, if any, and an acknowledgment page signed by the Grantor and the Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THEEASEMENT 1.01 Type This Deed conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this "Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall Include all of those persons or entities. ARTICLE TWO GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. 3 ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures The construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over or under the Property except pursuant to Section 4.05 and 4.06 hereof. Structures and improvements, including, but not limited to, driveways and agricultural structures as permitted in Sections 4.05 and 4.06 hereof, may not be made on, over, or under the Property without the prior written consent of the Grantee, which may be granted if the structure or improvement does not defeat or derogate from the purposes of this Easement. 3.02 Excavation and Removal of Materials The excavating, mining or filling of the Property except as may be necessary to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area and allowable non-residential improvements on the Property and to construct and maintain the permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area, to construct and maintain the permitted structures and improvements in the Open Area and for purposes of erosion control and soil management. Any such activity shall require the written consent of the Grantee. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Development Area be subdivided into more than ten (10) single-family residential lots as provided in Section 4.06 hereof, and none of the 10 lots shall be further subdivided in perpetuity unless the lot lines merge. Any changes in lot lines subsequent to final subdivision approval must be authorized by the Town of Southold Planning Board. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Sians The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent, c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's conservation easement. 3.06 Clearing and Landscaping Activities Clearing or grading within the Open Area, except with the prior written consent of Grantee and as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Otherwise, the Open Area shall remain in a natural state, and maintenance of the natural vegetation therein shall be the only use or activity allowed, except as provided in Section 4.05. The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. 4 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area without the prior written consent' of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. 3.08 Uses The use of the Property for any commercial or industrial purpose except that agricultural uses expressly permitted in Section 4.05 shall not be considered a commercial or industrial use. 3.09 Development Rights The use of the acreage of this Property burdened with this Easement for purposes of calculating lot yield on any other property. Grantor hereby grants to Grantee all residential development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03_se Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, dangerously decayed or damaged on the Property. Clearing, cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting and grading shall be subject to the prior written consent of Grantee and review by the Town of Southold Planning Board to insure proper maintenance and preservation of the natural buffer on Long Island Sound. 4 Q5 Agricultural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement and provided that care shall be taken to preserve and protect the rare species of plant life. No agricultural activity shall be conducted within 100 feet of the rare species so that agricultural use of the soil and the application of herbicides cannot affect the rare species. Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses, sheep, beef or dairy cattle, or similar domestic 5 livestock, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee. 4,QL__aM&1UM A. Allowable Residential Improvements. Grantor shall have the right to construct no more than ten (10) single-family residences with appurtenant structures and improvements reasonably necessary to serve such residences including, without limitation, driveways, garages, storage sheds, septic systems and leaching pools, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area as described in Schedule C except as provided in Section 3.01. Clearing and grading within each residential lot shall be limited to that necessary for siting, constructing, renovating, expanding, converting or replacing the residences and appurtenant structures and improvements with the intent of preserving as much of the natural vegetation on the site as possible and minimizing storm water runoff and erosion. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. B. Allowable Non-Residential Improvements. Grantor shall have the right to erect and maintain the following non-residential improvements in the Open Area which are necessary to and consistent with the uses as permitted in Sections 4.05 and 4.06 hereof: ( i ) Agricultural Structures, including but not limited to barns and sheds as is necessary for the agricultural use of the Open Area, placed such that they do not detract from and adversely affect the scenic value of this Easement; and ( i i ) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm water runoff from the improvements permitted under the terms of this paragraph B hereof. Any such underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. No new sanitary disposal facilities or structures, with the exception of that stated in Paragraph (iii) below, shall be constructed or otherwise located between the high water mark and the one-hundred (100) foot setback from the top of the bluff; and ( i i i ) Access Drives, to provide access to the improvements permitted by this paragraph 4.06 and any existing recorded rights-of-ways to adjacent properties. Access to the beach down the face of the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits; and ( iv) Fences, placed such that they do not detract from and adversely affect the scenic value of this Easement; and C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee. D. Environmental Sensitivity During and After Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 6 • • 4.47 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.08 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to Property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 7 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 6.03, nor to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Open Space Values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) to enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assignabili y Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation or governmental unit or agency which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or 8 Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 6.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) then this Easement shall be vested in such other qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in another qualified organization in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07 Extinguishment This easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred tows the "Proportionate Share"). In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or any material term or provision hereof by a judicial proceeding; then upon a subsequent transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. 6.08 No Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. Accordingly, Grantee shall not invite the public to enter upon the Property without the prior written consent of the Grantor. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 9 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170 (h). The parties agree to amend the provisions of this Easement in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income tax return of the Grantor, to entitle the Grantor to the charitable deduction described in I.R.C. Section 170 (h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Internal Revenue Code governing "Qualified Conservation Contributions." The parties acknowledge that the boundaries of the Open Area and the Development Area may have to be adjusted as provided herein, and the parties agree to cooperate in such boundary line adjustments as may be necessary, provided said adjustments would not result in diminution of the Open Area or an increase in the number of lots or primary structures to be developed by the Grantor. 7.03 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make It enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 705 Governing Law New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such Interpretation as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of 10 0 the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 7.08 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.09 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 11 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: BY: aoul Y Witteveen (Grantor) ACKNOWLEDGED AND ACCEPTED: PECONIe oC LAND,RUST,(Grantee) r" J BY: oh v.H. Halsey Its President STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this � day of December, 1997, before me personally appeared Raoul J. Witteveen, who, being by me duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York, 11962, the Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same . d4c A. N16tary Public Julie G. Tiska No. 01TI5064466 Notary Public State of New York STATE OF NEW YORK ) Qualified in Suffolk County COUNTY OF SUFFOLK > SS.: Commission Expires YJ.194gsr On this 29� day of December, 1997, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President of PECONIC LAND TRUST, INCORPORATED, the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. Qj,c Jd-. .T N tary Public Julie G. Tiska No. OIT15064466 Notary Public State of New York Qualified in Suffolk Count Commissio �Ir SCHEDULE A: Metes and Bounds Description of the Property. SCHEDULE B: Metes and Bounds Description of the Open Area. SCHEDULE C: Metes and Bounds Description of the Development Area. 12 • SCHEDULE "A" November 27, 1996 Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Entire Parcel ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65 deg. 51 min. 34 sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. at al.; RUNNING thence along land now or formerly Otto Uhl, Jr. at al. North 61 deg. 16 min. 04 sec. East 156.76 feet to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances: 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54 sec. East 288.00 feet, 3. North 24 deg. 12 min. 06 sec. West 176.10 feet, 4. North 24 deg. 38 min. 46 sec. West 113.47 feet, 5. North 23 deg. 32 min. 36 sec. West 110.05 feet, 6. North 25 deg. 39 min. 46 sec. West 101.00 feet, 7. North 23 deg. 04 min. 56 sec. West 88.65 feet, 8. North 26 deg. 21 min. 26 sec. West 100.90 feet, 9. North 28 deg. 48 min. 16 sec. West 101.34 feet, 10. North 33 deg. 26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al. the following four (4) courses and distances: 1. North 61 deg. 22 min. 14 sec. East 97.62 feet, 2. North 24 deg. 21 min. 26 sec. West 833.61 feet, 3. North 45 deg. 03 min. 26 sec. West 67.42 feet, 4. North 02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following fifteen (15) tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21 sec. East 210.19 feet, 13. South 82 deg. 49 min. 39 sec. East 69.50 feet, 14. South 76 deg. 56 min. 14 sec. East 108.12 feet, 15. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David Gillespie; RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and 'David Gillespie South 06 deg. 24 min. 34 sec. West 198.78 feet to the approximate Page 2 • i highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: 1. South 89 deg. 19 min. 53 sec. West 73.94 feet, 2. North 75 deg. 37 min. 52 sec. West 48.78 feet, 3. North 87 deg. 59 min. 45 sec. West 58.54 feet, 4. North 89 deg. 33 min. 38 sec. West 37.38 feet, 5. North 63 deg. 46 min. 47 sec. West 46.02 feet, 6. North 85 deg. 42 min. 49 sec. West 63.84 feet, 7. North 66 deg. 04 min. 49 sec. West 28.08 feet, 8. South 33 deg. 57 min. 52 sec. East 180.87 feet, 9. South 18 deg. 42 min. 02 sec. East 110.06 feet, 10. North 89 deg. 10 min. 25 sec. East 85.79 feet, 11. South 38 deg. 23 min. 13 sec. East 81.33 feet, 12. South 24 deg. 16 min. 05 sec. East 73.11 feet, 13. South 51 deg. 10 min. 48 sec. West 49.25 feet, 14. South 32 deg. 39 min. 33 sec. East 58.55 feet, 15. South 28 deg. 04 min. 43 sec. West 53.12 feet, 16. South 82 deg. 54 min. 21 sec. West 46.53 feet, 17. North 77 deg. 57 min. 36 sec. West 146.19 feet, 18. South 63 deg. 05 min. 10 sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec. West 73.36 feet, 20. South 23 deg. 18 min. 55 sec. East 58.90 feet, 21. South 55 deg. 48 min. 53 sec. East 32.68 feet, 22. North 86 deg. 48 min. 55 sec. East 82.98 feet, 23. South 75 deg. 54 min. 56 sec. East 68.05 feet, 24. North 55 deg. 39 min. 06 sec. East 61.71 feet, 25. North 14 deg. 48 min. 34 sec. East 92.74 feet, 26. North 53 deg. 31 min. 16 sec. East 24.33 feet, 27. South 07 deg. 39 min. 07 sec. East 31.57 feet, 28. South 11 deg. 06 min. 27 sec. West 49.53 feet, 29. South 19 deg. 55 min. 03 sec. East 106.82 feet, 30. South 56 deg. 03 min. 02 sec. West 48.86 feet, 31. South 77 deg. 01 min. 56 sec. West 61.30 feet, 32. South 79 deg. 24 min. 50 sec. West 79.63 feet, 33. South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza , along land now or formerly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following thirteen (13) courses and distances: 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. South 25 deg. 30 min. 06 sec. East 608.15 feet, 6. North 81 deg. 12 min. 16 sec. West 312.90 feet, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, 8. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 598.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01 min. 44 sec. East 23.10 feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; Page 3 RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14 sec. West 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 98.3783 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. Page 4 • SCHEDULE "B" November 26, 1996 Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Open Space Area ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Pagel 2. North 23 deg. 47 min. 16 sec. West 269.74 felt to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65 deg. 51 min. 34 sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence North 61 deg. 16 min. 04 sec. East along land now or formerly Otto Uhl, Jr. et al to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances: 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54 sec. East 288.00 feet, 3. North 24 deg. 12 min. 06 sec. West 176.10 feet, 4. North 24 deg. 38 min. 46 sec. West 113.47 feet, 5. North 23 deg. 32 min. 36 sec. West 110.05 feet, 6. North 25 deg. 39 min. 46 sec. West 101.00 feet, 7. North 23 deg. 04 min. 56 sec. West 88.65 feet, 8. North 26 deg. 21 min. 26 sec. West 100.90 feet, 9. North 28 deg. 48 min. 16 sec. West 101.34 feet, 10. North 33 deg. 26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thenc North 61 deg. 22 min. 14 sec. East along land now or formerly Otto Uhl, Jr. et al 97.62 feet to the southeasterly corner of land now or formerly Otto Uhl, Jr. et al; RUNNING thence through land of the party of the first part the following ten (10) courses and distances: 1. South 84 deg. 52 min. 22 sec. East 164.13 feet, 2. on a curve to the right having a radius of 60.00 feet a distance of 203.36 feet, 3. on a curve to the left having a radius of 40.00 feet a distance of 34.00 feet, 4. on a curve to the left having a radius of 900.00 feet a distance of 209.64 feet, 5. on a curve to the right having a radius of 2250.00 feet a distance of 263.01 feet, 6. South 66 deg. 01 min. 44 sec. East 183.36 feet, 7. on a curve to the right having a radius of 170.11 feet a distance of 187.23 feet, 8. North 44 deg. 01 min. 27 sec. East 404.16 feet, 9. South 71 deg. 27 min. 16 sec. East 110.00 feet, 10. North 18 deg. 32 min. 44 sec. East 428.72 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following four (4) tie line courses and distances: 1. South 71 deg. 06 min. 21 sec. East 210.19 feet, 2. South 82 deg. 49 min. 39 sec. East 69.50 feet, 3. South 76 deg. 56 min. 14 sec. East 108.12 feet, 4. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David Gillespie; Page 2 RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg. 24 min. 34 sec. West 198.78 feet to the approximate highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: 1. South 89 deg. 19 min. 53 sec. West 73.94 feet, 2. North 75 deg. 37 min. 52 sec. West 48.78 feet, 3. North 87 deg. 59 min. 45 sec. West 58.54 feet, 4. North 89 deg. 33 min. 38 sec. West 37.38 feet, 5. North 63 deg. 46 min. 47 sec. West 46.02 feet, 6. North 85 deg. 42 min. 49 sec. West 63.84 feet, 7. North 66 deg. 04 min. 49 sec. West 28.08 feet, 8. South 33 deg. 57 min. 52 sec. East 180.87 feet, 9. South 18 deg. 42 min. 02 sec. East 110.06 feet, 10. North 89 deg. 10 min. 25 sec. East 85.79 feet, 11. South 38 deg. 23 min. 13 sec. East 81.33 feet, 12. South 24 deg. 16 min. 05 sec. East 73.11 feet, 13. South 51 deg. 10 min. 48 sec. West 49.25 feet, 14. South 32 deg. 39 min. 33 sec. East 58.55 feet, 15. South 28 deg. 04 min. 43 sec. West 53.12 feet, 16. South 82 deg. 54 min. 21 sec. West 46.53 feet, 17. North 77 deg. 57 min. 36 sec. West 146.19 feet, 18. South 63 deg. 05 min. 10 sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec. West 73.36 feet, 20. South 23 deg. 18 min. 55 sec. East 58.90 feet, 21. South 55 deg. 48 min. 53 sec. East 32.68 feet, 22. North 86 deg. 48 min. 55 sec. East 82.98 feet, 23. South 75 deg. 54 min. 56 sec. East 68.05 feet, 24. North 55 deg. 39 min. 06 sec. East 61.71 feet, 25. North 14 deg. 48 min. 34 sec. East 92.74 feet, 26. North 53 deg. 31 min. 16 sec. East 24.33 feet, 27. South 07 deg. 39 min. 07 sec. East 31.57 feet, 28. South 11 deg. 06 min. 27 sec. West 49.53 feet, 29. South 19 deg. 55 min. 03 sec. East 106.82 feet, 30. South 56 deg. 03 min. 02 sec. West 48.86 feet, 31. South 77 deg. 01 min. 56 sec. West 61.30 feet, 32. South 79 deg. 24 min. 50 sec. West 79.63 feet, 33. South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza , along land now or formerly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following thirteen (13) courses and distances: 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. South 25 deg. 30 min. 06 sec. East 608.15 feet, 6. North 81 deg. 12 min. 16 sec. West 312.90 feet, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, 8. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 598.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01 min. 44 sec. East 23.10 feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; Page 3 RUNNING thence along the northerly side of Makoad South 83 deg. 03 min. 14 sec. West 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 68.8177 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. Page 4 ii869fe975 . SCHEDULE "C" November 26, 1996 Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Development Area ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marking the southeasterly corner of land now or formerly Otto Uhl, Jr. at al; RUNNING thence from said point of beginning along land now or formerly Otto Uhl, Jr. at al. the following three (3) courses and distances: 1. North 24 deg. 21 min. 26 sec. West 833.61 feet, 2. North 45 deg. 03 min. 26 sec. West 67.42 feet, 3. North 02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following twelve (12) tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21 sec. East 61.36 feet to a point; RUNNING thence through land of the party of the first part the following ten (10) courses and distances: 1. South 18 deg. 32 min. 44 sec. West 428.72 feet, 2. North 71 deg. 27 min. 16 sec. West 110.00 feet, 3. South 44 deg. 01 min. 27 sec. West 404.16 feet, 4. on a curve to the left having a radius of 170.11 feet a distance of 187.23 feet, 5. North 66 deg. 01 min. 44 sec. West 183.36 feet, 6. on a curve to the left having a radius of 2250.00 feet a distance of 263.01 feet, 7. on a curve to the right having a radius of 900.00 feet a distance of 209.64 feet, 8. on a curve to the right having a radius of 40.00 feet a distance of 34.00 feet, 9. on a curve to the left having a radius of 60.00 feet a distance of 203.36 feet, 10. North 84 deg. 52 min. 22 sec. West 164.13 feet to southeasterly corner of land now or formerly Otto Uhl, Jr., at al and the point or place of beginning. CONTAINING and area of 29.5606 acres. CHARLES R. GTTDDY ATTORNEY AT LAw 446 GRIP o AVENUE P.O.HOX 1847 TEL:(616)368-8200 RIVEHHEAD,IVY 11901 FAX:(616)368-8080 December 8, 1997 Planning Board Town of Southold Main Road Southold, NY 11971 Attention of Melissa Re: Cove Beach Estates Dear Melissa: It is my understanding that the subdivision map with the endorsement of the Suffolk County Department of Health Services has been forwarded to you. Before proceeding further with this matter, would you please discuss it with me. Very truly yours, 6?;tee �� Charles R. Cuddy CRC:JML UEC I u PLANNING BOARD MEMBERSO��SUFFQ��( �, • RICNeprn r.WARD ,�ht. �G Town Hall, 53095 Main Road o= P.O. Box 1179 HI GEORGE RITCE LATHAM,JR. y 2 Southold,New York 11971 BENNETT ORLOWSIU,JR. `yCP Fax(516) 765-3136 WILLIAM J. CREMERS A 0��'' Telephone(516) 765-1938 KENNETH L.EDWARDS '�Ol PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 18, 1997 Melanie Tebbens Peconic Land Trust P.O. Box 2088 30 Jagger Lane Southampton, NY 11969 RE: Proposed Major Subdivision Cove Beach Estates SCTM# 1000-22-3-15.1, 18.3 Dear Ms. Tebbens: As per our telephone conversation, please find the following in regard to the State Environmental Quality Review determination for the above mentioned subdivision: 1 . On July 10, 1989, the Planning Board adopted a Findings Statement pursuant to SEQRA for a proposed 34 lot subdivision of the subject property. 2. The Planning Board determined that the proposed 34 lot subdivision was in accordance with the mitigation measures contained in the Findings Statement. 3. The Planning Board granted conditional final approval to the proposed 34 lot subdivision on January 9, 1995. 4. After the granting of the conditional final approval, the property was sold and the new owner revised the plan by reducing the density to 10 lots and by presenting conservation easements on a majority of the property to the Peconic Land Trust. 5. The Planning Board determined that the reduced density plan was in accordance with the mitigation measures contained in the Findings Statement and that no further review would be conducted under SEQRA. Please feel free to contact me if you have any questions regarding the above or if you require any additional information. Sincerely, MiVsSo 14 Planner Editorials The Dam Pond Vista The good news is that New York businessman.Raoul Wit- teveen has taken steps to preserve a significant portion of the former St. Thomas Camp/Billy Joel/Cove Beach property in East Marion. By agreeing to allow only a dozen or so homes on 118 acres, Mr. Witteveen has guaranteed that the largest stand of mature trees east of Moore's Woods in Greenport will remain largely undisturbed in perpetuity. Credit also must go w to the Peconic Land.Trust, which structured the package that 0 extends significant tax benefits to Mr. Witteveen for agreeing 20 to cut back on the density of his development, which might th t have accommodated more than 50 houses under its current zoning. 't But what about the neighboring Gazza-Lattieri properties, which total 31 acres directly to the east of the Witteveen prop- erty and represent one of the signature scenic,vistas on the North Fork? (As you drive over the Dam o 'Whatever the Pond bridge and look north toward the bar- method of rier beach that separates the pond from the preservation,a sound, the Gazza-Lattieri properties form l vista that the open space that dominates the western r• 1 shoreline of the pond. Some : serves to define Po people mistak- the North Fork enly believe Mr. Witteveen ha's preserved should not be that vista, but he doesn't own the property allowed to fade in question.) away because With the momentum of the Witteveen lim- of out eOmpla- ited development fresh in our minds, what coney.' better time to preserve the Gazza-Lattieri properties, which are high on Southold Town's preservation wish list. We'd like to think that state environmental preservation funds would be made available for this purpose. But if Mr.Witteveen doesn't like the idea of hav- ing a public park or passive use area next-door, then maybe he'd like to work out something else with the owners and with the Peconic Land Trust or The Nature Conservancy. Whatever the method of preservation, a vista that serves to define the North Fork should not be allowed to fade away because of our collective complacency. • And speaking of land preservation initiatives,we have been remiss in not crediting the Land Trust and Paula and Michael Croteau of Southold for preserving the majority of the former 17-acre Stepnoski farm on South Harbor Road. In the not-too- distant past, developer Herb Mandel proposed building 28 houses on the property, but the Town Board wisely denied the zoning change that would have been required. Now, thanks largely to the vision and commitment of the Land Trust, the Croteaus and their partners, only three homesites will be allowed,with the remainder of the property set aside for farm- ing. This is the sort of innovative, free-market solution that could prevent the Gazza-Lattieri properties from yielding 14 more houses, as has been proposed. 01 Sct o�OgUFfO(,�c q om) Fi ce- OG r�lS JUDITH T.TERRY =� y� Town Hall, 53095 Main Road TOWN CLERK y P.O. Box 1179 Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICSO Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER �,� Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 4, 1997: RESOLVED that the Town Board of the Town of Southold hereby approves a revised bond estimate amount from $815,525.00 to $392,985.00 for roads and improvements in the major subdivision of Cove Beach Estates, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector Richter. MAR 6 Judith T. Terry Southold Town Clerk March 5, 1997 PLANNING BOARD MEMas o��gUFFO(�co RICHARD G.WARD Town Hall,53095 Main Road =� Gy P.O. Box 1179 co GEORGE RITCHIE LATH",JR. x Southold, New York 11971 BENNETT ORLOWSKI,JR. p Fax (516) 765-3136 WILLIAM J. KENNETH L.EDWARD3 y�JO �� Telephone(516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 25, 1997 Judith T. Terry Southold Town Clerk Southold, New York 11971 RE: Major Subdivision Cove Beach Estates SCTM# 1000-22-3-18.3 Dear Mrs Terry: On December 11, 1990, the Town Board approved a bond amount of $815,525.00 for the above mentioned subdivision. Since that time, the subdivision has been revised and the lot density reduced. A revised bond estimate has been prepared for the revised subdivision layout. The Planning Board reviewed the revised bond estimate dated February 5, 1997, at the February 24, 1997 work session. The Planning Board recommends that the Town Board adopt the revised bond estimate in the amount of $392,985.00 with an administration fee in the amount of $23,579.10, for the above mentioned subdivision. Due to the scheduling of the Town Board and Planning Board meetings, the Planning Board reviewed the bond estimate at a work session rather than holding the review until a regularly scheduled meeting. Please let me know if you require any additional information. j ncerely,tWanner cc: Charles Cuddy enc. CHARLES B. CUDDY ATTORNEY AT LAW 446 GBrnxxxo AVENUE P.O.BOX 1647 TEL:16181 3686200 RIVEBH .NY 11901 PAM(5161368.808O February 19, 1997 East Marion Fire District Main Road East Marion, NY 11939 Re: Cove Beach Estates Gentlemen: In January I wrote to you concerning my client's subdivision at Cove Beach Estates. Enclosed is a copy of that letter. Would you please confirm that it will not be necessary to have a second fire well at this site. Very truly yours, Charles R. Cuddy CRC:JML Enclosure cc: Planning Board, Town of Southold FEB 2 1 Su.aF pis RAYMOND L. JACOBS JAMES A. RICHTER, R.A. SUPERINTENDENT ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT yt PECONIC LANE, PECONIC, N.Y. Fax. (516)-765-1750 �l�j, Tel. (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE COVE BEACH ESTATES AT EAST MARION, TOWN OF SOUTHOLD SCTM # 1000-22-03-15.1 & 18.3 FEBRUARY 5,1997 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 4.1 ACRE CLEARING &GRUBBING $ 2,500.00 $ 10,250.00 2. 8,900 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 17,800.00 3. 500 L.F. BELGIAN BLOCK CURBING 10.00 5,000.00 4. 11,200 S.Y. FINE GRADING 1.50 16,800.00 DRAINAGE: 5. 18 EACH CATCH BASINS 2,000.00 36,000.00 6. 5 EACH DRAINAGE MANHOLE & SOLID COVER TO GRADE 1,500.00 7,500.00 8. 161 V.F. LEACHING BASIN (8' Diameter) 250.00 40,250.00 9. 100 L.F. 24" Diameter DRAINAGE PIPE 30.00 3,000.00 10. 2,510 L.F. 18" Diameter DRAINAGE PIPE 25.00 62,750.00 11. 130 L.F. 15" Diameter DRAINAGE PIPE 20.00 2,600.00 12. 1 EACH 24" Diameter PIPE END SECTION 500.00 500.00 SURFACING 13. 790 C.Y. 3/4"STONE BLEND or RCA BASE (Recycled Concrete Aggregate) 30.00 23,700.00 14. 985 TONS BINDER COURSE ASPHALT-2 '/z' 60.00 59,100.00 15. 590 TONS WEARING COURSE ASPHALT - 1 Ys' 60.00 35,400.00 16. 83 S.Y. CONCRETE DRIVEWAY APRON 25.00 2,075.00 17. 3 EACH STREET LIGHTS 2,000.00 6,000.00 18. 25 EACH CONCRETE SURVEY MONUMENTS 100.00 2,500.00 19. 13,980 S.Y. TOPSOIL&SEED 2.00 27,960.00 20. 4 EACH STREET SIGNS 200.00 800.00 21. 2 EACH FIRE WELL 15,000.00 30,000.00 22. JOB MAINTENANCE& PROTECTION OF TRAFFIC - 3,000.00 SUB-TOTAL $ 392,985.00 +6% ADMINISTRATION FEE $ 23,579.10 TOTAL $ 416,564.10 �It li �_a 13 '9W Y PLANNING BOARD MEMBE3�i ��gUFF0t f RICHARD G.WARD �.Z.� GGy Town Hall, 53095 Main Road Chairman P.O. Bou 1179 GEORGE RITCHIE LATHAM,JR. y JR. Z Southold,New York 11971 BENNETT ORLOWSKI, `" Fax(516) 765-3136 WILLIAM J. CREMERS �f' 0`� Telephone(516) 765-1938 KENNETH L.EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD �Z)Drvgr.' U, 1946 James Richter, Road Inspector Highway Department Peconic Lane Peconic, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Coved e�ln4tes Tax Map No.: 1000- =- 's-19.1 1$.3 Street Location: Hamlet Location: east /Ilz�;,ro Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated Final Subdivision Map (Dated Road Profiles (Dated Grading and Drainage Plans (Dated Other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Drainage Plans (Dated X OtherF;rewa\\ l,cy;�.b �„n (Dated i / /o /1?7 ) t• M..:«. Fre D;�+nuc comments A_ a� c_r ArApl.nnr re..uer". ' Z N. .ve ery-kale�( ''i14 �:r�..0\\ lecc,�evs c,s ter m lael �). }{.e- Esei- �lk.rion - C Contact person: Mj"Sr-A �O;Q� F01.t RAYMOND L. JACOBS JAMES A. RICHTER, R.A. SUPERINTENDENT 'z ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE, PECONIC, N.Y. Fax. (516)-765-17501Q1' Tel. (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD FEBRUARY 6, 1997 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: COVE BEACH ESTATES East Marion, New York 11939 SCTM #: 1000 - 22 - 03 - 15.1 & 18.3 Dear Mr. Orlowski : As per your request, I have reviewed the latest submission for the above referenced project. The drainage design and proposed road construction meets all of the requirements listed in the Town Code Highway Specifications. However, at this time I would like to clarify one issue. Due to the proposed density of the overall project (R-200 or less), a sixteen foot wide road has been proposed., The Town Code does allow roads to be constructed at this width but they can not be dedicated to the Town. I have also reviewed the bond estimate prepared by the office of Young & Young. Enclosed you will find a copy of the revised estimate that was prepared for your use. Please note that Street Trees were not included in the bond estimate. This project is situated almost entirely in a wooded area. Since the first 2,600 feet of road is fronted on both sides by open space, it would seem more desirable to allow the existing trees to remain. Care should be taken during the clearing and grubbing phase of the project to remove only those trees that would be necessary for the proposed road construction and future access by emergency equipment. If you have any questions concerning this report, please contact my office. cere ' ly, "2k James A. Richter, R.A. cc: Raymond L. Jacobs - (Superintendent of Highways) Ll_V"'/ r� I;, i FEB ,Ci.y • �.. • RAYMOND L. JACOBS ,� JAMES A. RICHTER, R.A. SUPERINTENDENT ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT y8 PECONIC LANE, PECONIC, N.Y. Fax. (516)-765-1750 �ly�, � !0*3 Tel. (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE COVE BEACH ESTATES AT EAST MARION, TOWN OF SOUTHOLD SCTM # 1000-22-03-15.1 & 18.3 FEBRUARY 5,1997 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 4.1 ACRE CLEARING &GRUBBING $ 2,500.00 $ 10,250.00 2. 8,900 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 17,800.00 3. 500 L.F. BELGIAN BLOCK CURBING 10.00 5,000.00 4. 11,200 S.Y. FINE GRADING 1.50 16,800.00 DRAINAGE: 5. 18 EACH CATCH BASINS 2,000.00 36,000.00 6. 5 EACH DRAINAGE MANHOLE & SOLID COVER TO GRADE 1,500.00 7,500.00 8. 161 V.F. LEACHING BASIN (8' Diameter) 250.00 40,250.00 9. 100 L.F. 24" Diameter DRAINAGE PIPE 30.00 3,000.00 10. 2,510 L.F. 18" Diameter DRAINAGE PIPE 25.00 62,750.00 11. 130 L.F. 15" Diameter DRAINAGE PIPE 20.00 2,600.00 12. 1 EACH 24" Diameter PIPE END SECTION 500.00 500.00 SURFACING 13. 790 C.Y. 3/4"STONE BLEND or RCA BASE (Recycled Concrete Aggregate) 30.00 23,700.00 14. 985 TONS BINDER COURSE ASPHALT-2 '/d' 60.00 59,100.00 15. 590 TONS WEARING COURSE ASPHALT - 1 ''/i' 60.00 35,400.00 16. 83 S.Y. CONCRETE DRIVEWAY APRON 25.00 2,075.00 17. 3 EACH STREET LIGHTS 2,000.00 6,000.00 18. 25 EACH CONCRETE SURVEY MONUMENTS 100.00 2,500.00 19. 13,980 S.Y. TOPSOIL&SEED 2.00 27,960.00 20. 4 EACH STREET SIGNS 200.00 800.00 21. 1 EACH FIRE WELL 15,000.00 15,000.00 22. JOB MAINTENANCE& PROTECTION OF TRAFFIC - 3,000.00 SUB-TOTAL $ 377,985.00 +6% ADMINISTRATION FEE $ 22,679.10 TOTAL $ 400,664.10 0.6 �42 F.ce�iS Tr�i�'S re(e M..r�W' C\4 C�DIJ. See be..�� es�'.v*.u�z c�o'Ee cl iI5`gl w��c� .oas rer p;hep 1V V7 PLANNING BOARD MEMB# ��$UffU(�C • RICHARD G.WARD y.0 D�j Town Hall, 53095 Main Road Chairman O rollP.O. Box 1179 GEORGE RITCHIE LATHAM,JR. H 2 Southold, New York 11971 BENNETT ORLOWSKI,JR. p Fax (516) 765-3136 WILLIAM J. CREMERS y �\� Telephone(516) 765-1938 KENNETH L.EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 24, 1997 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Firewell location for Cove Beach Estates SCTM # 1000-22-3-18.3 $ 15.1 Dear Mr. Cuddy: Enclosed please find a copy of the map indicating the firewell locations as requested by the East Marion Fire Department. Please include this on your final maps. Please contact this office if you have any questions regarding the above. Sincerely, t OAL#wst�,:, Y../"'� Bennett Orlowski, Jr. Chairman enc. � ♦ .sum" Submission Without a Cover Zeller Sender: Jbe- Che Ye haw R i Seer ani : ' MQ1i 6h F D. 91-7-1680 S"Ipjeet: Cove, l3eac- ' est SCTIFI#: 1000- 22- 3- 1E. 1 t 18._3 Date: 1 ) j o Iq� Comments: P iQo wj hco-tlolS i JAN 1 0 199 Lot 3 4 • a-e000. �" F. Lot 2 Lott t.�'0 Lot 5 s B''szir E reg.• *�� Lo u z t6 oy 1\d 71' 90Q� Lot 7 \� �Cl , a 000 [-Z l.J*,goe� t = er• SEE Lot g i s lBSJ• SHEET 7 or 4 Lot R.= � y 0 70000' (•ZSJ TEST HOLE 0l. NO. SQ P' N �bli £ 0 6pb!• �•f ! 4 TEST HOL E�•lk N0. ) i Z V;Op O �f £ £ �4 4 V V E` 1 y ro,5y. 4 Ng '•w �'A_ta�b a O,fgS m, q S1g0 Z �M1 I 1n SJ 8 q 'F TEST HOLE n NO. 28g OO \ N ry W 3 o a N H t' NN s{J Q An TEST HOLE N0. 8 OPEN SPACE t1 " PARCEL B 39.7256 ACRES 0 \ i i i i i 4 p � Eta � G•` 2'18..��• •� , 7 Sp 41 t}f n , PLANNING BOARD MEMBE BUFF Town Hall, 53095 Main Road RICHARDG.Chairman ��� Gr` P.O. Box 1179 GEORGE RITCHIE LATHAM,JR. v = :.c Southold, New York 11971 BENNETT ORLOWSHI,JR. �. - T Fax (516) 765-3136 WILLIAM J. CREMERS Telephone (516) 765-1938 KENNETH L.EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD z 1996 Joseph Cherepowich, Secretary East Marion Fire District P.O. Box 131 East Marion, NY 11939 Dear Mr. Cherepowich: Enclosed please find two (?) surveys dated NN- 2- i for C'Wive, geLdc Fs+atle5 SCTM'� 1000- ZZ -S- 15.1 rind 133 ❑ The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire— wells are needed. Please specify whether firewells are shallow 1- or electric. L'J The enclosed subdivision is being referred to you for your recom= mendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Please reply by Jan- 1D 199j. Thank you for your cooperation. Sincerely, Richard G. Ward Chairman enc. . DMENT F�4E DISTR�C ORIENT FIRE DISTRICT 23300 Main Road, Orient, NY 11957 516-323-2445 • Fax 516-323-9706 Southold Town Planning Board Town of Southold PO Box 1179 Southold,NY 11971 The enclosed maps were received by Orient Fire District. The property on this map is located in the East Marion Fire District. Sincerely, Ceia ogviy -- Cynthia Caprise Fire District Secretary ,I U' DEC 2 6 1996 so � PLANNING BOARD MEMB1t RICHARD G.WARD �y.� GG,y Town Hall, 53095 Main Road Chairman L P.O. Box 1179 C* Southold,New York 11971 GEORGE RITCHIE LATHAM,JR. ti Z BENNETT ORLOWSHI,JR. O T Fax(516) 765-3136 WILLIAM J. CREMERS y • \� Telephone(516) 765-1938 KENNETH L.EDWARDS '�Oj � PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1XemloCa.kgi 1996 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Cole_ ?xM61 Esi F & Tax Map No. : 1000- Z.z- kg,3 Street Location: Np(Tt, t,44 Mau Ttosd Hamlet Location: 94st Type of Application: Sketch Subdivision Map (Dated Preliminar Subdivision Ma (Dated X Final Subdivision Map (Dated it / z7 q� ) V ROad Profiles (Dated ti / iZ Grading and Drainaqe Plans (Dated Other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Gradin and Drainage Plans (Dated u Other ILWttr,ri+s ccrc esr,mw (Dated t2 / i3 Comments• r + ( t t ? 5- Contact Person: sSFk (jbj YOUNG &YOUNG • t�t 5� Planning, Engineeting&LandSutveying 400 OL*andet Avenue Tek*ra(516)7 27-2 209 Rivethead, New Yotk 11901 EeeBmik(518) 727-0144 HOWARD W.YOUNG,Led Surveyor THOMAS C.WOLPERT,ProredenN Erryneer KENNETH r.ABRUZZO,Led Swogw JOHN SCHNURR,Led Survegor HAND DELIVERED December 13, 1996 ATTN: Ms. Melissa Spiro Town of Southold Planning Board Main Road Southold, New York 11971 RE: COVE BEACH ESTATES at East Marion, T/O Southold, New York (94-0452) Dear Melissa: Enclosed are three (3) prints of the Final Plat, last dated December 13, 1996, amending road to indicate 16 feet of pavement in lieu of the 24 feet previously shown. We are also enclosing a copy of the Construction Cost Estimate, dated December 13, 1996, for your use. Should you have any questions, please do not hesitate to contact our office. Very truly yours, Kenneth F. A ruzzo KFAO Encl. cc: Charles R. Cuddy, Esq. + 2 Prints + Encl. 0 d NIP ,� DEC 13M + ' ROOK Pnno OIRa 125 Rana 25A,Raly Pair,Nw Yak 11778 RNNwry(518)744-2055 S(lLiP-i Roemb M LEE LUTZ,Swaim,P.C. PLAN- N December 13, 1996 Construction Cost Estimate Cove Beach Estates at East Marion, T/O Southold, New York ITEM ITEM DESCRIPTION CITY. & UNIT UNIT PRICE TOTAL 1 Clearing &Grubbing 4.1 acres $ 2,000.00 $ 8,200.00 2 Excay., Backfill & 8,900 c.y. 2.00 17,800.00 Grading - Roads 3 Fine Grading 11,200 s.y. 1.50 16,800.00 4 4" Stone Blend or 720 c.y. 30.00 21,600.00 Concrete Blend 5 4"Asphalt Pavement 1,550 tons 60.00 93,000.00 6 Belgian Block Curb 7,400 I.f. 10.00 74,000.00 7 15" Dia. ADS N-12 78 I.f. 16.00 1,248.00 Drainage Pipe 8 18" Dia. ADS N-12 2,534 I.f. 20.00 50,680.00 Drainage Pipe 9 24' Dia. ADS N-12 75 I.f. 25.00 1,875.00 Drainage Pipe 10 Catch Basin 18 each 1,500.00 27,000.00 11 Leaching Pool 17 each 1,500.00 25,500.00 12 Drainage Manhole 5 each 1,500.00 7,500.00 13 Topsoil & Seed 13,980 s.y. 2.00 27,960.00 14 Driveway Apron 83 s.y. 25.00 2,075.00 15 Concrete Monuments 25 each 100.00 2,500.00 16 Fire Well 1 each 15,000.00 15,000.00 TOTAL S 392.738.00 Underground Utilities Not Included PLANNING BOARD MEMBES ��gUFF0j f OG Town Hall, 53095 Main Road RICHARD G.WARD h`L� y Chairman � L P.O. Box 1179 Southold, New York 11971 GEORGE RITCHIE LATHAM,JR. H x BENNET'f ORLOWSIU,JR. Fax(516) 765-3136 WILLIAM J. CREMERS �� �\� Telephone (516) 765-1938 KENNETH L.EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD �Pfem Dt2 I� , 199( Harrison Demerest, Jr. , Secretary Orient Fire District P.O. Box 41 Orient, New York 11957 Dear Mr. Demerest: Enclosed please find ( 2 ) surveys for LwO- SJeeC� m .l - A '27194 c (1>t ICCo-22-3-IS,j a 18 I . Please notify this office as to whether any firewells are needed. Please specify whether shallow well's or electric wells will be needed. Please reply by Tan, it 1997 . Thank you for your cooperation. �T �1Se no{2 t}v-Cf Very truly yours, oc;�tN� 34 lob- subcSlo�s�o.n G. / 0 �/(�/�� �s beer reu(se�l, �e c,rrrr�� Richa�GG WWard ;s Chairman S. Z 10 105 QS Sown enc. -PnckoSed CHARLES R. CUDDY PB ATTORNEY AT LAW 445 GHB NO AVENIIE P.O.BOX 154,0 TEL:(516)3688200 RIVEEHEAD,NY 11601 FAX:1518)360-9080 December 10, 1996 Planning Board Town of Southold Main Road Southold, New York 11971 Re: Cove Beach Subdivision Dear Board Members: Enclosed herewith are twelve (12) prints of the final subdivision plan dated November 27, 1996, consisting of four sheets and twelve sets of the final road and drainage plan dated December 3 , 1996 for the above subdivision. Would you please review the plans, advise if any additional information is needed, and schedule this matter for final approval. Thank you. Very truly yours, Charles R. Cuddy CRC/ec enc. . t oec 1 o ass t PLANNING BOARD MEMBI `SUFFO(�' • RICHARD G.WARD p�Q CQG Town Hall, 53095 Main Road Chairman JY=� y� P.O. Box 1179 GEORGE RITCHIE LATH",JR. v Southold, New York 11971 BENNETT ORLOWSKI,JR. y x `'' Fax (516) 765-3136 WILLIAM J. CREMERS Telephone(516) 765-1938 KENNETH L.EDWARDS . PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 22, 1996 Charles Cuddy, Esq. P.O. Bax 1547 Riverhead, NY 11901 Re: Proposed clustered major subdivision for Cove Beach Estates SCTM# 1000-22-15.1 & 18.3 Dear Mr.Cuddy: The following resolution was adopted by the Southold Town Planning Board on Monday, October 21, 1996: BE IT RESOLVED that the Southold Town Planning Board grant an additional three month extension of conditional final approval from October 10, 1996 to January 10, 1997. This additional extension was granted due to the fact that the project was involved in litigation and there remain several issues which must be resolved to avoid further delay and possible litigation as described in the September 30, 1996 request for an extension. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman • GHAELEB B. CUDDY ATTORNEY AT LAW 44..5 GRI wa AVENUE P.O.H X 1547 TEL:(518)389-8900 RI EEFIEdD,NY 11901 FAX:(518)309-9080 September 30, 1996 Planning Board Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates Dear Board Members: As you are aware the Cove Beach Subdivision received conditional final approval many months ago. Initially there was litigation with Gazza and based upon that litigation the Board extended the time for complying with the conditions and filing the map. As you know the Board has granted the applicant an extension until October 10, 1996. However until two weeks ago the application was in virtual continuous discussions, both privately and before the Board, with the Russell-Uhl faction regarding their parcels immediately to the west of the Cove Beach parcel. That matter has apparently been resolved and we are about to submit our revised final map to you together with the road profiles. We believe review and final approval by the Board and the Health Department will take a number of weeks. Therefore, we request an additional 60 days to finalize this matter. Very truly yours, 2)1-k Charles R. Cudd CRC:ejc cc: Young & Young OCT 2 0 c ry� �o °o J, JUDITH T.TERRY = y� Town Hall, 53095 Main Road TOWN CLERK y P.O. Box 1179 u- T REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICERO Fax (516)765-1523 RECORDS MANAGEMENT OFFICER y�0 �aO�� Telephone (516) 765-1500 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 10, 1996 To: Southold Town Planning Board From: Judith Terry, Town ClerkUV Re: Subdivision Regulations The Town Board was handed the attached proposal at their September 3rd work session. The Town Board would like your comments on this proposed amendment. Thank you. Attachment SEP ! i =4h GkiARTES R. GUDDY ATTo$vEY AT Law 445 Gas o Avr- v P.O.Box 1647 TEL:19191 398.8200 FUVMV�,NY 11901 Fix:�av9�3e8-Soso February 29, 1996 Mr. John Halsey Peconic Land Trust 296 Hampton Road P.O. Box 2088 Southampton, NY 11967 Re: Cove Beach Estates at East Marion (Witteveen) Dear Mr. Halsey: Please find enclosed a copy of the proposed amendment to the Southold Town Subdivision Regulations that we discussed. Please advise of your thoughts concerning any changes or revisions . Very truly yours, Charles R. Cuddy Enclosure LOCAL LAA NO. of 1996 A LOCAL LAA, amending Chapter 106, Section 106-24 of the Subdivision Regulations of the Code of the Town of Southold in Relation to Performance and Maintenance Bonds. BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 24. Section 106-24 of the Subdivision Regulations of the Town of Southold is amended by adding the following: 3 . a) Upon the recommendation of the Planning Board, the Town Board may accept a deed, or deeds, transferring the fee title of real property, free and clear of any mortgages or liens, having a value established by the Town Tax Assessor of at least one-hundred fifty (150%) percent of the amount of the security required; such title securing the performance or maintenance required. The Town Board shall retain the right to reject the use of a property escrow where there is no benefit to the Town or when value of such property is questionable, or in any instance where the Town Board determines that the real property will not be reasonably satisfactory to provide a fund sufficient to complete the required improvements: (1) The deed, or deeds, shall be accompanied by the following: a. All documents necessary for recording of the deeds) in the Suffolk County Clerk's office, together with a check to be deposited and held in escrow, which payment shall be sufficient to permit recording of the deed (s) and the agreement, as hereinafter set forth; b. An agreement with the Town Board, to be recorded in the Office of the Suffolk County Clerk, stating the following: (1) That in the event of default in performance or maintenance for which the undertaking shall have been given, the Town Board may accept the property on behalf of the Town of Southold; and the Town may record the deeds) in the Office of the Suffolk County Clerk, sell such real property, and apply the net proceeds of the sale to complete the required improvements. (2) That the grantor shall timely pay all real property taxes on the property held in trust during the term of the bond; (3) That the property to be placed in trust as an improvement guarantee shall not be used for any other purpose, or pledged as security in any other matter, unless and until released by the Town Board. (4) That upon the completion of the work or when the benefit to the Town shall have been received, or the purpose of accepting this form of security is deemed unnecessary by the Town Board, the deed(s) and/or title to the subject property shall be released or conveyed to the grantor or such other person as may be entitled to same, free and clear of any liens or defects, except those in existence at the time of the delivery of the deed to the Town and which continue in existence or which may have thereafter been placed thereon with the knowledge and consent of the owner. C. The grantor shall deliver to the Town a title certification affirming the property, to be used as a guarantee, is free and clear of any mortgages, encumbrances or liens at the time it is to be placed in escrow. Effective Date. This local law shall take effect immediately upon filing with the Secretary of State. iOCA.L� LOCAL LAW NO . OF 1994 A LOCAL LAW amending Chapter 292 (Subdivision of Land) of the Code of the Town of Southampton in relation to Performance and Maintenance Bonds . BE it enacted by the Town Board of the Town of Southampton as follows : SECTION 1 . LEGISLATIVE FINDINGS SECTION 2 . Section 292-26 of the Code of the Town of Southampton is hereby amended to read as follows : Section 292-26 Types of security; term and expiration of bonds . A . The following shall be the only forms of security given for either performance or maintenance bonds : (1 ) the deposit of funds in or a certificate of deposit issued by a bank or trust company located and authorized to do business in the State of New York and maintaining an office for the transaction of its business in the Town of Southampton; (2 ) an irrevocable letter of credit from a bank located and authorized to do business in the State of New York and maintaining an office for the transaction of business in the Town of Southampton; ( 3 ) obligations of the United States of America; ( 4) any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full amount of the security required; or (5 ) a deed, transferring the fee title of real property , free and clear of any mortgage or lien, having a value of at least 150% of the amount of the security required; such title to be held by the Town in escrow only for the purpose of securing the performance or maintenance required. Such title shall be re- conveyed to the grantor or such other person as may be entitled to same , at the completion of the work or maintenance period, free and clear of any liens or defects except those in existence at the time of the conveyance to the Town and any encumbrance which may have been placed thereon with the knowledge and consent of the owner . In the event of default in performance or maintenance for which the undertaking shall have been given, the Town may sell such real property and apply the net proceeds of the sale in the same manner as if the funds had been held in a deposit or certificate described in subsection ( 1 ) above . B . If the term of the performance bond will expire prior to the completion of the public improvements , the Town Engineer and/ or Superintendent of Highways shall recommend to the Planning Board either that the term of the bond be extended to permit completion of the work by the subdivider or that the bond be declared in default . The Planning Board shall advise the Town Board, by resolution, if its recommendation is for .default of the bond. The Town Board shall act on the release of or declaration of default on the performance bond. C . The performance bond shall have a term of two ( 2 ) years . The term of a performance bond may be extended by the Planning Board. When such an extension is granted, it may be required that the performance bond estimate be increased to take into consider- ation changes in construction costs in order to carry out the required capital improvements . SECTION 3 . Supercession. This local law expressly supersedes the provisions of 272( a) ( c) of the Town Law to require that the deposit or certifi- cate of deposit be from a bank having an office for the transaction of business in the Town of Southampton and to allow for acceptance of a deed, in escrow, of real property as security for a perfor- mance or maintenance bond . SECTION 4 . Severability . If any section or subsection, paragraph, clause , phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional . SECTION 5 . Effective Date . This local law shall take effect upon filing with the secretary of State pursuant to the Municipal Home Rule Law. �S Submission Without a Cover Letter Sender: �i c� v4es cuac)�, Date: Subject: C(xv- SCTM#: Comments: sPssiavJ �'�� JUL 2 3 PLANNING BOARD MEMBERS ��U1'rt7( � • C Town Hall, 53095 Main Road RICHARD G. WARD ;" Q�' dG�\ Chairman ^� P.O. Box 1179 Southold, New York 11971 GEORGE RITCHIE LATHAD�I,JR. 2 BENNETT ORLOWSHI,JR. v w Fax (516) 765-3136 WILLIAM J. CREMERS ,-� Telephone (516) 765-1938 KENNETH L. EDWARDS Q PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 1996 Charles R. Cuddy, Esq. P.O. box 1547 Riverhead, NY 1 1901 Re: Proposed clustered major subdivision for Cove Beach Estates SCTM# 1000-22-15. & 18.3 Dear Mr. Cuddy: The following resolution was adopted by the Southold Town Planning Board on Monday, July 8, 1996: BE T RESOLVED that the Southold Town Planning Board grant a three month extension of conditional final approval from July i 0, 1996 to October 10, 1996. This additional extension was granted due to the fact that the project was involved in litigation and there remain several issues which must be resolved to avoid further delay and possible litigation as described in the June 26, 1996 request for an extension. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward >nf Chairman MMS CHAiRLES R. CUDDY zlt� ATTORNEY AT LAW 445 CiHIFFDYO AVENUE P.O.BOX 1547 TFS.:16161 3666200 RIv HAD,NY 11901 FAX:(616)3668080 June 26, 1996 Planning Board Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUL I W6 Re: Application for Cove Beach Estates Dear Board Members: As the Board is aware, the present Cove Beach Estates application involves ten lots on its ninety-eight acre parcel. Since the present owner, Raoul Witteveen, has acquired title, he has proposed a reduction from 34 lots to 10 lots and has offered and in fact granted a conservation easement to Peconic Land Trust for a substantial part of the parcel and will this year complete placing all of the open space in a conservation easement with Peconic Land Trust. The proposal to preserve a considerable part of this unique setting at East Marion has resulted in litigation with the owner to the East (Gazza) and also in long term discussions with owners to the north and west (Russell & Uhl) . The Russell-Uhl subdivision parcel contiguous to the northwest corner of Cove Beach parcel includes a right of way running along the westerly boundary of the adjoining Terry parcel and the old westerly line of Cove Beach parcel. The actual access to the Russell-Uhl subdivision has been the subject of continuing discussions with Messrs. Russell, Uhl et al and their attorneys. An attempt has been made for all parties to at least partly utilize the existing road. There have been meetings by the attorneys for the parties and discussions between the parties themselves. We are attempting to resolve these questions to avoid further delay and possible litigation. Based on unique circumstances and, in order to satisfy the Planning Board's requirements as well as to reach accord with Russell-Uhl, et al. with respct to the layout of the road and its use the applicant requests this Board grant an Planning Board Page -2- June 28, 1996 extension of at least three and preferably six months to permit this final question to be resolved. Once this has been accomplished we will ask the Board to approve Cove Beach as a ten lot subdivision. Very truly yours, Charles R. Cuddy CRC/ec S.h) . PAGHMAN, PAGHMAN, BROWN & FARNETI, P.G. ATTORNEYS 366 VETERANS MEMORIAL HIGHWAY P.O. BOX 273 COMMACK, NEW YORK 11725 (516) 543-2200 TELECOPIER (516) 543-2271 HOWARD E. PACHMAN COUNSEL MATTHEW E. PAGHMAN _ KAREN R. BROWN' HARVEY B. BESUNDER JOSEPH FARNETI PATRICK A. SWEENEY Ls ADINI o,NNEVI I—IE, May 7, 1996 Planning Board Office Town of Southold kct 53095 Main Road G�erIL Southold, Nev York 11971 (OWE Attn: Melissa Re: Frank Russel FOIL Documents Dear Melissa: I received the copies you copied for me in the above identified matter. I enclose my check in the amount of $5.00 for same. Thank you for your cooperation. Vrry truly yours, 1rHL �_ -__. .._. . H E. PACHMAN HEPlegm Enc i s MAY 919% MS CHAI?LES B. CUDDY ATT012NEY AT LAW 446 GRIFFINO AVENUE F.O.BOX 1547 TEL:16181 3698200 HIVERHE 'NY 11901 FAX:16161 3699060 March 29, 1996 Planning Board Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates Gentlemen: 3 I am enclosing six M prints of the Subdivision Map for Cove Beach Estates. You will note that these maps show 10 lots resulting from the merger of existing lots. Would the Board please review these maps and advise that we may proceed with this map in place of the existing 34 lot subdivision. Very truly yours, C Charles R. Cuddy CRC:ejc Encs. snl a APR 1 1996 PLANNING BOARD MEMBZ# gpFFO(�- �� C'� Town Hall,53095 Main Road RICHARD G. h,Z� Gy P.O. Box 1179 a o= �< Southold,New York 11971 GEORGE RITCHIE LATHAM,JR. w 2 Fax(516) 765-3136 BENNETT ORLOWSKI,JR. WILLIAM J.CREMERS O .F Telephone(516) 765-1935 KENNETH L.EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 30, 1996 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed clustered major subdivision for Cove Beach Estates SCTM# 1000-2215.1 & 18.3 Dear Mr. Cuddy: The following resolution was adopted by the Southold Town Planning Board on Monday, January 29, 1996: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of conditional final approval from January 10, 1996 to July 10, 1996. This additional extension was granted due to the fact that the project was involved in litigation from February 2, 1995 to August 15, 1995. Please contact this office if you have any questions regarding the above. Sincerely, , f' 1941 Richard G. Ward 05 Chairman CHARLES B. CUDDY ATTORNEY AT LAW 445 GmrrINO AVENUE P.O.BOX 1547 TEL:(616)3606200 RIVEId1iEAD,NY 11901 FAX:(616)369-9060 January 4, 1996 Planning Board Torn of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates Gentlemen: As you will recall Raoul Witteveen, the owner and applicant for the subdivision known as Cove Beach Estates at East Marion received conditional final approval from the Planning Board on January 9, 1995. Subsequent to that approval the adjoining property owner, Joseph Frederick Gazza, commenced a proceeding in Supreme Court Suffolk County to set aside the Planning Board's determination. That proceeding stayed further steps to complete the subdivision process. In August 1995 the Gazza proceeding against the Town was dismissed. Raoul Witteveen, by this letter, requests an extension from the Board to complete the subdivision process and, in fact, to file the subdivision map with greatly reduced lot density and request is hereby made that, based upon the stay imposed by the Gazza litigation, the Planning Board grant an additional six (6) month period for the applicant to complete the subdivision requirements and file the subdivision map. Very truly yours, Charles R. Cudd CRC:ejc ULb� JAN 919% PLANNING BOARD MEMBER'S SUffU(� Town Hell, 53095 Main Road RICHARD G.WARD Q OG Chairman /�� y� P.O. Box 1179 p Southold, New York 11971 GEORGE RITCHIE LATHAM,JR. y Z Fax(516) 765-3136 BENNETT ORLOWSKI,JR. WILLIAM J.CREMERS CP Telephone (516) 765-1938 KENNETH L.EDWARDS *1 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 1995 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 RE: Major Subdivision Cove Beach Estates SCTM# 1000-22-3-18.3 Dear Mr. Cuddy: Enclosed please find correspondence dated November 24, 1995, from Frank R. Russel in regard to the above mentioned subdivision. The Planning Board has asked that you address the issues raised in the letter. Please contact me if you have any questions regarding the above. Sincerely, 9 ' Melissa Spir Planner enc. M� Frank R. Russel 8002 Sugarbush Drive Spring Hill, FL 34606 (904) 686-3702 November 24, 1995 Southhold Town Planning Board Southold, New York 11971 f Ell: Attention: Mr. Richard Ward, Chairman andMembers of the Southold Town Planning Board V 2 9 1995Re: Cove Beach Estates, Major Sub-Divisioni JNs R04F' Dear Sir: I write on behalf of HAROLD E. RUSSEL, GEORGE F. RUSSEL, RUSSELL V. BROACH, OTTO UHL, Jr., and myself, FRANK R. RUSSEL. We are the owners of 5 town approved waterfront homesites, and a 13 acre parcel of land immdeiately to the west of the development known as Cove Beach Estates, now owned by Mr. R. J. Witteveen. This development is currently on the Southold Town Planning Board calendar for discussion. Our immediate concern is in regard to the proprietary rights of entry and egress, into and out of the land, and access to all utilities as regards the above named individuals, and the five (5) Town approved wterfront homesites, and the 13 acre parcel of land including 100' fronting on the Long Island Sound, as set forth in the "RIGHT OF WAY AGREEMENT" dated October 11, 1979, and filed in Suffolk County, N. Y., Liber 8718-Pages 266 - 280. We have a legal "Right of Way" Agreement, with a minimum width of 50' over the existing or any relocated road of entry and egress, from and to the Main Road, (Route 25), to the southerly line of lot #5 of propert owned by George F. Russel, and all other lands owned by the 5 above named individuals, including a 13 acre parcel of land as shown on the enclosed map of land. (Map #2& 3) This 50' Right of Way is also shown on development maps submitted to the Southold Town Planning Board by: Mr. Otto Uhl,Jr. (Cove Beach Estates) Mr. Charles Rees (Cove Beach Associates) Mr. Frank Weber Mr. Harold Reese (Cove Beach Estates) We bring this to your attention so the Southold Town Planning Board will be aware of this situation and that our proprietory rights of entry and egress, and access to all utilities withing the bounds of a 50' Right of Way will be respected and not diminished. In regard to the sketch plan/map recently filed with the Southold Town Planning Board on behalf of Cove Beach, delineating the new proposed entry road, terminating in a Cul-De-Sac on the southeasterly corner of our 13 acre parcel, and creating 2 driveways; Driveway #1 and Driveway #2, over the 50' Right of Way servicing our 5 homesites, effectively extinquishing our 50' Right of Way over the westerly portion of Cove Beach Estate land, abutting the easterly line of our 13 acre parcel, thus eliminating our 50' Right of Way, and thus preventing our right of entry, access to all utilities, and egress to and from the southerly line of Lot #5, of property owned by George F. Russel. (See Map#1) We respectfully petition the Southold Town Planning Board to respect and restore the 50' Right of Way as provided in the Agreement filed in Suffolk County, N.Y., Liber 8718 - Pages 266 - 280. We also bring to the attention of the Southold Town Planning Board, regarding the proposed entry road, the fact that in addition to the Cove Beach development of 10 lots, there will be our 5 Town approved lots, and eventually 4 or 5 lots on our 13 acre parcel, and the probability that Joseph Gazza will develop his acreage into 10 - 15 lots making a possible total of 30 - 35 lots, to be accommodated by the proposed entry road. We sish to cooperate with your office, and the members of the Southold Town Planning Board, and with Mr. R. J. Witteveen, the new owner of Cove Beach Estates. We do, however, reserve the right to enforce all provisions of the "Right of Way Agreement". For any further infromation you may require, please contact our Attorney, Frederick J. Tedeschi, Esq., P.O. Box 321, Greeport, New York, 11944, or to me at 8002 Sugarbush Drive, Spring Hill, Florida, 34606. Sincerely ck " N,�,z Frank R. Russel cc: Frederick J. Tedeschi, Esq. Gerard Goehringer i i SJR' Submission Without a Cover Letter Sender: Charles CcAdd�/ Subject: C OV2. &c% Date: 1 U 13 0195 SCTM*: 1000- Z 2 -3 1 J 1 7- 18.3 Comments: P r nts - P la n B Ir+L,' OCT 3 `IJ tu:,r� CH a u=s A. CUDDY ATTORNEY AT LAW 180 OLD COUNTRY ROAD (RTE. 58) P. O. BOX 1547 RIvERHEAD,NY 11901 A AC NT TO TEL:16161 3668200 MOTOR VEHICLE DEPARTMENT FAX:16161 3669080 July 7, 1995 Southold Town Planning Board 53095 Main Road Southold, NY 11971-1179 Re: Application for Cove Beach Estates Proposed Cluster Subdivision 1000-22-3-15. 1 & 18. 3 Gentlemen: Our file shows that the Planning Board granted conditional final approval for the above subdivision on January 9, 1995. Since this matter has been pending a court proceeding in the Supreme Court with the Town of Southold, I am writing to ask whether a formal extension is necessary at this time (which is six months from the Board's resolution adopting conditional final approval) . If so, please consider this our formal request in behalf of the applicant for an extension for that period of time the action is pending. Very truly yours, Charles R. Cuddyo E 1 01995 J PLANNING 8OARO o��SUFFO(�- PLANNING BOARD MEMBERS c0 =.t. Gy Richard G. Ward, Chairman H = Town Hall,53095 Main Road George Ritchie Latham, Jr. T P. O. Box 1179 Bennett Orlowski, Jr. ,y `� Southold, New York 11971 Mark S. McDonald �Ql ��� Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 1995 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed clustered major subdivision for Cove Beach Estates SCTM# 1000-22-3-15.1 & 18.3 Dear Mr. Cuddy: The following resolution was adopted by the Southold Town Planning Board on Monday, July 10, 1995: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension cf conditional final approval from July 10, 1995 to January 10, 1996. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman �OSUFFO(,�c PLANNING BOARD MEMBERS Richard G. Ward, Chairman y l x Town Hall,53095 Main Road George Ritchie Latham, Jr. r r�*r P. O. Box 1179 Bennett Orlowski, Jr. yp i` `� Southold, New York 11971 Mark S. McDonald �Ql �a9 Fax (516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 15, 1995 Frederick J. Tedeschi, Esq. P.O. Box 321 Greenport, New York 11944 RE: January 19, 1995 correspondence from Frank Russel in regard to Cove Beach Estates Major Subdivision SC TM# 1000-22-3-15.1 E 18.3, and Harold Reese, Sr. , et al and Otto Uhl, Jr. , et al. Lot Line Change SCTM# 1000-22-3-15. 1, 18. 1 8 18.3 Dear Mr. Tedeschi: Please find the following in regard to the questions presented in Mr. Russel's letter of January 19, 1995. The paragraph numbers correspond to those of Mr. Russel's letter. I . Mr. Russel's letter dated December 7, 1994, and the map enclosed with that letter, are contained in the Planning Board's records for the Cove Beach Major Subdivision. 2. On July 12, 1993, the Planning Board granted conditional final approval to the proposed lot line change for Harold Reese, Sr., et al and Otto Uhl, Jr. , et al. Conditional final approval is valid for six (6) months. At the request of the applicant, the Planning Board granted an extension of the conditional approval, which expired on July 12, 1994. Charles Cuddy, attorney for the applicant of the Cove Beach Estates Major Subdivision, is aware that the conditional final approval for the lot line change has expired. He has been notified of the procedure that is required to complete the proposed lot line change. As of this date, there has not been any action taken to complete the lot line change. Cove Beach Estates February 15, 1995 Page 2 In addition, Condition Number 7 of the Conditional Final Approval for the Major Subdivision of Cove Beach Estates requires that the lot line change be completed. The conditions of approval for the major subdivision will not be fulfilled until such time that the lot line change application is completed. 3. Condition Number 4 of the Conditional Final Approval for the Major Subdivision of Cove Beach Estates requires the recording of a Homeowners Association. The draft Homeowners Association on record in the Planning Board office contains, in Article 5, Section 9, notice that the rights of Property Owners in the Association are subject to all Declarations, Covenants, restrictions, reservations, exceptions, easements, and agreements of record. On January 27, 1995, and on prior occasions, I discussed the right-of-way to Mr. Russel's property with Mr. Cuddy. Mr. Cuddy assured me that his client is aware of the right-of-way to Mr. Russel's property and that it is documented in the title report for his client's property. 4. On January 9, 1995, the Planning Board granted conditional final approval to the Cove Beach Estates Major Subdivision. I have enclosed a copy of the conditional approval for your convenience. As of this date, the conditions of final approval have not been fulfilled. I trust the above will answer the questions presented by Mr. Russel. Please feel free to contact me if you require any additional information. SinAsip®r-o cerely, M Planner enc. cc: Mr. Frank R. Russel Mr. Charles R. Cuddy l - IMF- _ f1 f - I 4ca( /11Qi Mr.&Mrs.Frank R.Russel ,\ 8002 Sugarbush Drive Timber Pines Spring Hill,FL 34606 _fLl: - - _ 41 c, aoqaZ) PPS �EMC3FSOf TSE 4$'6u7WdLr7 j cow�.Y f>Atlr//U� $oAr2r�. 1pe TScPr7 of MYLETjE�Q �,y s� f�JJDtESSEr�,gSffBO!/c� JfJi�(7 l�PeEry1FJ6R T, �//✓��_.�c/� ,/��/.�/R�L��A7��j}Ro74AL, ,y�� .3��,�v�%��2�mra,�.ix Vim" v/„O�+`� /L•N./ /'��QCI19to /�1.r��'OVE r�.ERG'/f FS Ti4/�S'� .�L r ��✓�.•�� � co��a�.��.�� /err., �/ate�. �oYr �` c/�c/t ESTATtS Cowi rN VC Mr.8 Mrs.Frank R.Russel 8002 Sugarbush Drive Timber Pines Spring Hill,FL 34606 U ------ __.��.torvz�- ��'ovc" ,dF R«r c sTq��'s,`/yam•o�e'vxez/ C oV>4 —o : . N� MIi.FwF�2q��K ,,Tr_�F S�Ni65q !-iank f i-Ru,c,l 8002 Sugirbush Drive Timbci Pinrv; SWIn0l till, FluriJn 34606 ' �JduTf�uL� %vwN �LAN,V/N� ,�oyZ� .. ._ ___-._ ENT/ON: M�•�CNRR/� Ir//�R(7� CHR/RMA./ �r�-.ro� Of7NE SOVT1104D TOtu,( 111V1 A ;FO#Rii /?E: COVE 3,619 CH ESTATEM/?. R.Z 411.77eSEEN --. ---------- -... f/SAL R?PRO YAL o��3<f Lor Z)sYie[oplMEn,T R[/ OH/ 6TTv1I/t/dR,- rout 1Fi2/�ivkR. Ru55E<. - fiIA< C4-Pielf _ _ &n • Mr. & Mr,. Fronk H fiw.ccl • --- - - _. S 0002mber Pin Diiw Timber e. Opnng I fill, Flondn 7;600 o°f'Cc��sa�Y� �-1 / K a&.a� ell- G��Yji7o Ei?�Ei�/ck tel. TEr�EScFf� v.Sox 32-r r„tEG, P•rzT- ,�ewY�rzr //9Yy PLANNING BOARD MEMBERS Richard G. Ward, Chairman - Town Hall, 53095 Main Road George Ritchie Latham, Jr. P O Box 1178 Bennett Orlowski,Jr `? !" Southold, New York 11971 Mark S.McDonald '^ _ Fax (516)765-3136 Kenneth L Edwards Z! 3 "�^�" Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 10, 1995 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed clustered major subdivision for Cove Beach Estates SCTM# 1000-22-3-15.1 & 18.3 Dear Mr. Cuddy: The following took place at a meeting of the Southold Town Planning Board on Monday, January 9, 1995: WHEREAS, Raoul Witeveen is the owner of the property known and designated as SCTM# 1000-22-3-15.1 & 18.3 located on the north side o>F Main Road; 1776 feet east of Stars Road in East Marion; and WHEREAS, this proposed clustered major subdivision, to be known as Cove Beach Estates, is for 34 lots on 98.2673 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, adopted a Findings Statement on July 10, 1989 for the proposed subdivision; and WHEREAS, the final maps are in accordance with the mitigation m^:.sures contained in the Findings Statement; and qpq Page 2 Proposed major Subdivision for Cove Beach Estates January 10, 1995 i WHEREAS, a final public hearing was Closed on said subdivision application at the Town Halt, Southold, New York, on December 12, 1994; and i WHEREAS, the Planning Board has reviewed the concerns raised at the December 12, 1994 public hearing and has decided that in order to minimize the traffic impacts of the pending developments on State Route 25, that a single curb cut must be designed and a road tap must be provided to allow access to the adjacent property to the east; and WHEREAS, all the requirements of the Subdivision Regulations of the Town i of Southold will be met upon fulfillment of the conditions of approval; be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval on the subdivision maps dated June 23, 1994, and the road and drainage plans dated September 13, 1990. All conditions must be met within six (6) months of the date of this resolution. i I. A road tap must be provided to allow for access of the adjacent Properties to the east to Main Road. The road tap must be located approximately six hundred (600) feet from the intersection of the proposed road (Cove Beach Drive) and Main Road (State Route 25). 2. Six (6) final subdivision maps and two (2) mylar maps must be submitted. All maps must contain the following: A- A valid stamp of approval from the Health Department. B. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision. The notation must include the liber and page number of the filed document. C. The firewell locations. D. The road tap as required in condition number 1. 3. The Declaration of Covenants and Restrictions required by the Planning Board must be recorded. A copy of the recorded document must be submitted. 4. The Homeowners Association must be consistent with all Planning Board conditions and must be recorded for the roads, drainage areas, Park and playground area and open space areas. A co ` recorded document must be submitted. Copy of the Page 3 Proposed major Subdivision for Cove Beach Estates January 10, 1995 5. The Performance Guarantee in the amount of $815,525.00, must be submitted in a form acceptable to the Town Board. 6- The administration fee in the amount of $48,931.00, must be paid. 7. The outstanding information for the lot line change for Otto Uhl, Jr. and Harold Reese, Sr. must be submitted, and the application must be completed. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman cc: Joseph Gazza 2 JOSEPH FREDERICK GAllA� ATTORNEY AT LAWS P.O. Box 969 5 OGDEN LANE QUOGUE,NEw Yomc 11959 (516)653-5766(DAY AND EVENING) January 23 , 1995 Southold Town Planning Board P.O. Box 1179 Southold , New York 11971 Re: Coordinated Access between lands of Lettieri and Gazza and Cove Beach Estates Dear Mr. Chairman Ward , Thank you for providing a copy of the Board ' s Resolution of Conditional Final Approval pertaining to the Cove Beach subdivision. Could you please clarify two issues that remain unclear to the undersigned relative to the Board ' s Resolution. . . . 1 . If the road system within the Cove Beach map is to remain private and owned by a Homeowners Association, what gives Mr. Lettieri the right to access over the Cove Beach Road even if a road tap has been provided? 2 . With Southold Town Trustees having advised the undersigned and your Board that the proposed Lettieri/Gazza access road crossing over the headwaters wetland area of DAm Pond , would not be permitted and that this decision was "not negotiable" ,How am I to obtain access to the parcels I own on the peninsula that projects into Dam Pond (SCTM Lot #' s 1000-22-3-19 & 21 ) ? Thank you in advance for a response to these issues . Very tr y yours, JOSEPH FRE R �K GAZZA cc : Andrew Lettieri V Moore & Moore-Attys . 211oIg5 ((�� 1 f o Ate. 7g kL., Gc¢x4 vmc¢ q eq "re g, msj,"ed mew n� -A}�oc ne� ub.�Ice� '1�.0 ms�onse nzA recessq�� U- LN JAN 2 6 M SOUTNOLD T0'NN PLANNING 6OARD L fi frcd ma I v - � JAN 2 319 SOUTHOLD TOWN pp PLANNING BOARD Elow�r{oW %vwy '?Zoq t1h1 Z64,2� b. MEM/3F 5 D� T'`'(E eouTA(wZP 7--- iwr/ ;PlA%Vr!/A/W BOat2 D. �f; Ees pT of MYs; E T%ER ,sldJbS/ /}Dl� �ESfE i��If RB�vEi /9^r-f axi � /d/G��OVE r�fflefF EST/f/�5,/x0�' i��lrofrfl�c /�._ C'oYc t3 c`/fc/� ESTATES � CO otf r,tt WE J �EnCOCr/z/CL- ��D(IE ,c3F_ACft �ST/J?E5�`//Nj(�®G!/JLtN Gf� Al 74! ��3.2 CFO � Q cpI/Lms� cno•. c Mce.FOEolM rK _1.'TF'^ES¢d1 ESq �o.gex iii fnS�µr.a.r iV_t, IIQ4Y PLANNING BOARD MEMBERS Richard G. Ward, Chairman I. Town Hall,53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. Southold, New York 11971 Mark S. McDonald Fax(516)765-3136 Kenneth L. Edwards `l'�-.,' _ ,� ��'� Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 10, 1995 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed clustered major subdivision for Cove Beach Estates SCTM# 1000-22-3-15.1 & 18.3 Dear Mr. Cuddy: The following took place at a meeting of the Southold Town Planning Board on Monday, January 9, 1995: WHEREAS, Raoul Witeveen is the owner of the property (mown and designated as SCTM# 1000-22-3-15.1 & 18.3 located on the north side of Main Road; 1776 feet east of Stars Road in East Marion; and WHEREAS, this proposed clustered major subdivision, to be (mown as Cove Beach Estates, Is for 34 lots on 98.2673 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, adopted a Findings Statement on July 10, 1989 for the proposed subdivision; and WHEREAS, the final maps are in accordance with the mitigation measures contained in the Findings Statement; and 0 Page 2 Proposed major subdivision for Cove Beach Estates January 10, 1995 WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York, on December 12, 1994; and WHEREAS, the Planning Board has reviewed the concerns raised at the December 12, 1994 public hearing and has decided that in order to minimize the traffic impacts of the pending developments on State Route 25, that a single curb cut must be designed and a road tap must be provided to allow access to the adjacent property to the east; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the conditions of approval; be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval on the subdivision maps dated June 23, 1994, and the road and drainage plans dated September 13, 1990. All conditions must be met within six (6) months of the date of this resolution. 1. A road tap must be provided to allow for access of the adjacent properties to the east to Main Road. The road tap must be located approximately six hundred (600) feet from the intersection of the proposed road (Cove Beach Drive) and Main Road (State Route 25). 2. Six (6) final subdivision maps and two (2) mylar maps must be submitted. All maps must contain the following: A. A valid stamp of approval from the Health Department. B. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision. The notation must include the liber and page number of the filed document. C. The firewell locations. D. The road tap as required in condition number 1. 3. The Declaration of Covenants and Restrictions required by the Planning Board must be recorded. A copy of the recorded document must be submitted. 4. The Homeowners Association must be consistent with all Planning Board conditions and must be recorded for the roads, drainage areas, park and playground area and open space areas. A copy of the recorded document must be submitted. Page 3 Proposed major subdivision for Cove Beach Estates January 10, 1995 5. The Performance Guarantee in the amount of $815,525.00, must be submitted in a form acceptable to the Town Board. E. The administration fee in the amount of $48,931.00, must be paid. 7. The outstanding information for the lot line change for Otto Uhl, Jr. and Harold Reese, Sr. must be submitted, and the application must be completed. Please contact this office if you have any questions regarding the above. Sincerely, 4 R �Ll Richard G. Ward Chairman cc: Joseph Gazza PLANNING BOARD MEMBERS Richard G.Ward, Chairman a Town Hall, 53095 Main Road George Ritchie Latham, Jr. -� l P. O. Box 1179 Bennett Orlowski, Jr. ; _,' ` : Southold, New York 11971 Mark S. McDonald '^ Mw ^ Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 1995 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 RE: Proposed Major Subdivision for Cove Beach Estates SC TM#1000-22-3-15.1 & 18.3 Dear Mr. Cuddy: As we discussed in our telephone conversation yesterday, the Planning Board will not be revising the bond estimate adopted by the Planning Board and Town Board to include the road tap required in Condition Number 1 of the conditional final approval. However, the tap road must be built by your client when the other road improvements are constructed. Please contact me if you have any questions regarding the above. Sincerely, Melissa Spis � Planner PP GaAnizs R. GuDnY ATTORNEY AT LAw 180 OLD GOUNTRY ROAD(RTE. 58) P.O.:BOX 1547 Rrvrmxm D, NY 11901 ADJACENT TO TEL:(616)369-6000 MOTOR VEHICLE DEPARTMENT FAX:(616)369-8060 December 14, 1994 Town of Southold Planning Board Main Road - Box 111/9 Southold, New York 11971 RE: Proposed Major Subdivision - Cove Beach Estates SCTM 11000-22-3-15. 1 & 18 . 3 Gentlemen: I am the attorney for the applicant in connection with the Cove Beach Estates subdivision in East Marion. On behalf of the applicant, I wish to confirm that the subdivision roads are to be privately held and maintained. This design for privately held roads has been and continues to be the plan for this subdivision and I wish to reiterate that the road system will not be offered for dedication and, therefore, will not be publicly used. Very tr/ulyyyours, Charles R. Cuddy CRC/ec enc. OEC 1 9 IM PLANNING BOARD Southold Town Planning Boar• 2 • December 12, 1994 PUBLIC HEARINGS Mr. Ward: 7:30 p.m. Cove Beach Estates -=This major subdivision is for 34 lots on 98.27 acres located on the north side of Main Road; 1776 feet east of Stars Road in East Marion. SCTM# 1000-22-3-15.1 & 18.3. Is the applicant here, or agent? Charles Cuddy: I'm Charles Cuddy. I appear on behalf of the owner who is Raoul Witeveen who is here tonight. Also with us are a number of people; Young & Young represented by Ken Abruzzo, Joe Fischetti, the engineer and John Halsey and Tim Caufield from the Peconic Land Trust. This application has been before the Board for a number of years. It's had, as you know, several different owners. Mr. Witeveen is the current owner and he has complied with the Board's requirements to get to this point. This is a property that has had not only a Board of Review hearing on several occasions with the Health Department, but had been the subject of a Supreme Court action. We, at this point in time, have received the Health Department approval and we have DOT approval and we believe that it's appropriate for the Board to go forward with the 34 lot subdivision. We've set aside a great many acres for open space and park and recreation and the subdivision I believe meets all the requirements that the Board has. And for that reason we would ask the Board give us conditional final approval subject to, among other things, to posting a performance bond and to complete a certain lot line application with the owner (inaudible). Mr. Ward: OK. We are in receipt of a letter from counsel William Moore representing Gazza-Lettieri on the property to the east and that letter will become part of the record and will be made available to the applicant. Is there anyone else that would like to be heard this evening regarding this proposed subdivision? Joseph Gazza: Good evening members of the Board. My name is Joseph Frederick Gazza. I live at Ogden Lane in Quogue and I'm an adjacent property owner to the east. The Board may be aware that I've appeared before you at least a dozen times, maybe more, in connection with my proposed development which is running simultaneously with the Cove Beach Development. As their development has been through a most likely 10 year review process, so has mine. By mine, I am talking about the Andrew Lettieri and the Joseph Frederick Gazza parcels as one. The key issue in the development of the Lettieri-Gazza property has always been the access issue and it has been my position that a coordinated plan of access should be accomplished with the two developments, since they are adjacent properties, since they share similar problems and since they both have only 50 or 60 feet of frontage on the Main Road. I I had outlined in a previous letter to this Board back in March of 1992, I'll provide the Board with a copy at this time -- the reasons for the coordination of access, reasons that I did not come up with by myself, but reasons that the Town of Southold Town Trustees determined were important for eliminating two roads side by side or eliminating a crossing of a wetland area with a roadway or a bridge, for aesthetics. For reasons that the New York State Department of Environmental Conservation responded to about the non-necessity of having two roads in excess of 1400 feet, side by side. The DEC clearly made the point that there should be coordinated access, a coordinated road system. There should be planning between the two developments. I have been unsuccessful in negotiating with the property owners up to now, that may change now I'm not sure, but the prior owners, Mr. Harold Reese and others, I've Southold Town Planning So� 3 • December 12, 1994 never been successful in negotiating with them for a coordinated access. My background in real estate and planning subdivision process, I have never seen an instance where a Planning Board could look at two maps side by side and know full well that on map is very difficult to develop with the access that it has, if not impossible, and not coordinate access between the two maps. I spent a little while this afternoon at the County Center in Riverhead and I ran out every subdivision map that this Board has approved in the last five years. And I studied every single map. And I'd like to report to the Board that, I had a roll of quarters making photocopies of maps where the Planning Board looked at a parcel, determined that for coordination between this parcel and adjacent lands that an access spur should be provided. It's a normal, ordinary planning point. I'll start with the map of West Mill subdivision for M. Paul Friedberg, where the Board set forth a road leading to additional lands off of the — well, let's see, it's your file number 9539, July 20, 1994. You may be familiar with that one. If I could present these maps to the Board? We have a second subdivision map known as the Southold Villas. Your filed map number 9237 in which Jasmine Lane was provided to continue into adjacent properties to future access with coordination in mind. We have the map of August Acres in which a spur road known as the Sage Spur was provided in the subdivision specifically to connect into future property, and it was labeled as Sage Spur, the adjacent property was the land of Sage. The map of Thomas MacKenzie filed number 9001, wherein the Board provided a 50 foot right of way to connect into the land of Latham Farms. The map of Highpoint Meadows, number 8912. It's an interesting one, the Board provided a cul-de-sac at the perimeter of the map and called it the Tuthill Road extension with the provision that the cul-de-sac tum around was to be eliminated when the road continued into the adjoining development. The map of Chardonnay Woods at Southold, where the Planning Board also sought then to extend a road through open space land, the access for a road, through open space to be preserved, in order to connect it to the lands of Sawicki, which were undeveloped, an acreage parcel adjacent. That was filed map 8822. There's been a longstanding practice of this Board to follow proper zoning and planning principles to provide for future development, to coordinate developments when possible. And I think that that step in connection with these two subdivisions, that of Gazza-Lettieri and Cove Beach Estates, has not been fully completed by the Board and I was hoping that the Board may reflect on your past practices, on the law, and on the fact that you have adjacent property owners who have;been before you for eight years focusing on the same issue, asking the Board for your consideration to provide an access spur and I appear before you this evening, I know it's the final application of this map, but my request is the same and I would hope that the Board would consider such an access spur to eliminate the problems that will develop with uncoordinated development of these two properties. Thank you. Mr. Ward: Anyone else like to address this particular project? Mr. Cuddy: I would like to address Mr. Gazza's remarks. He wanted you to reflect on the law from the past. I didn't hear any law, and I don't think there is any to say that a neighboring property has the right to go over your property, which is what he proposes. But I'd like to review the facts with you a little bit because I don't think that they were Southold Town Planning Boa. 4 • December 12, 1994 fully laid out. Mr. Gazza bought this piece of property a number of years ago. He has not gotten yet to an Environmental Impact Statement, and it's been more than eight years since he's owned the property. His parcel is apparently five separate minor subdivisions that he's trying to get this Board in one point or another to approve. He hasn't gotten really out of the environmental area yet and he does not have in fact before you, and actual subdivision. He's got a proposal. We're done effectively with our subdivision map. What he's asking is that you hold up our map so that something can be done with his map. I know of no principle that says you must (inaudible) your neighbors property with the imposition of a so called spur. There's none at law, and Mr. Gazza has not cited any law. Quite frankly, what Mr. Gazza is really asking this Board to do is not good planning. Because if it was good planning, Mr. Gazza could have stood up here and said, I want one road, you can use my road. But I haven't heard that offer because we're not going to hear that offer, because Mr. Gazza has a problem with his property, but he forgets to tell what the problem is and the problem is that it's fragile. Of course, you know that it's fragile. And what he did was he created a hardship. He bought a piece of property, it wasn't good, and he wants us, the neighboring property to assist him at this point, and that's just wrong to do. There's no question of good planning, putting a spur. That's nonsense to give you all sorts of spur related maps. Spurs are often done, but this isn't a spur. This is taking Mr. Gazza out of a problem and putting him across our property and doing it at the last moment. All this is tonight is a question of leverage and the Board shouldn't lend itself to this type of (inaudible). Thank you. Mr. Ward: Any further comments? Mr. Gazza: I'd like to respond, if I may? Mr. Ward: If you could make it brief it would be appreciated. Mr. Gazza: Thank you Mr. Chairman. I don't know if the Board can see the subdivision map from this distance but — have you had an opportunity to review the map, Mr. Cuddy? -- it's easy to discern that the Cove Beach Road and the Gazza- Lettieri Road is running through land that is not environmentally sensitive for a distance of approximately 1400 feet, side by side. Absolutely two side by side roads. I have no problem, and neither does Mr. Lettieri with using either the Cove Beach Road or the Gazza-Lettieri road. We'd be very happy to use just one. This is just improper to have two roads side by side. Now, we'll offer our road and we have offered to the prior owners, Mr. Reese, to share 50/50 in the construction of the road, in one road. And that offer was extended to the new owner. We're not here to get something for nothing. We're here to work on a coordinated plan and to share equitably for the benefit of both properties, the value of the properties and Southold in particular, by eliminating two roads side by side. Now, the peninsula portion of the Gazza-Lettieri development, does need an access spur. And it needs it just like those other subdivisions, which I gave the Board copies of, needed an access spur. And we'll pay for that also. I will offer land, money or road improvements for that access spur. I am here, and I am here on behalf of Mr. Lettieri, to work with my neighbor, financially and physically to accomplish something that's best for both subdivisions. As far as the comments pertaining to the subdivision application, we have applications which are pending. Our fees have been paid; they've Southold Town Planning e0 0 5 December 12, 1994 been pending for years. They're actual subdivision applications. We have gone into the SEQR process. We have had a Scoping Session with Chic Voorhis, who was compensated, who represents the Town. At that Scoping Session it was determined that an alternate access over the wetland area must be accomplished in order to proceed. We cannot cross that wetland area without creating impacts which were, in the opinion of the Town's environmental consultants, too severe to handle. Therefore, we cannot proceed under SEQR. We can do an impact statement, we've discussed it. We've had consultants, we've retained En-Consultants, Mr. Roy Haje, but we cannot proceed unless alternate access is provided. That's why we have not proceeded under our SEQR and submitted a DEIS. If we have an access spur, a DEIS will follow. Thank you Mr. Chairman. Mr. Ward: Is there anyone else here that would like to address this particular application? Mr. Russell: My name is Mr. Russell and we own the adjacent property to the west. We're entirely in favor of the 34 acre set up. That's all I have to say. Thank you. Mr. Cuddy: I would like to make just one point to the Board. We have DOT approval. Mr. Gazza and Mr. Lettieri do not have DOT approval. We have a road that we can go over; despite what he says, Mr. Gazza can't go over his road and I think that should very much be part of the record. Mr. Ward: Is there anyone else here this evening that would like to address the Cove Beach Estates subdivision? If not, I believe then that all is in order to close the hearing. Mr. McDonald: Mr. Chairman, I make a motion to close. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. M i i i 4 f 4 M R i A}1,k 4Ii Aii AIi l Mr. Ward: 7:35 p.m. Anna K. Plock - This major subdivision is for 5 lots on 21.79 acres, located on an existing right of way off North Bayview Rd., approximately 935 feet east of Reydon Road in Southold. Four of the lots are between 1.7 acres and 2.2 acres in size. The fifth lot is a reserved area to be conveyed to the Peconic Land Trust. SCTM# 1000-79-5-20.2. 1 notice that the attorney for the applicant is here. Mr. Lark if you would just come forward for a second. There are several things that we would like to see put on the map. One would be that the easement for park and recreation be shown on the map. There's a few other things that we have technically that we want to put on the map. We can approve that, subject to, and so before you go into park and recreation and �gUFFO(q C PLANNING BOARD MEMBERS � 4 Richard G.Ward, Chairman y Z Town Hall,53095 Main Road George Ritchie Latham,Jr. �.F Box 9 Southold, New York 11971 Bennett Orlowski,Jr. Mark S. McDonald �Q� L �a0 Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 1994 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed clustered major subdivision for Cove Beach Estates SCTM# 1000-22-3-15.1 & 18.3 Dear Mr. Cuddy: The following took place at a meeting of the Southold Town Planning Board on Monday, December 12, 1994: The final public hearing which was held at 7:30 p.m. was closed. The Planning Board will review the Issues raised at the public hearing, and will make a final determination at either the January 9, 1995 or the next scheduled Planning Board meeting on February 6, 1995. You will be notified as to which date the determination will be made. Please contact this office if you have any questions regarding the above. Sincerely, p 0/ / 1 4W4, 4/ Richard G. Ward 10f Chairman Frorrc WOpam D.Moore Moore 4 Moore MOORE 6 MOORE ATTORNEYS AT LAW Pape 1 of 2 Mondry.December 121994 4:01:1/PM To:Southold Planning Board Southold Town Planning Board DEC 7XWRWD Southold Town Hall Main Road NNNNG80 Southold, NY 11971 Re: The Cove Beach Estates major / public hearing Dear Mr. Ward, Chairman and members of the Southold Town Planning Board: I represent Mrs. Bernice Lettieri, Mr. Andrew Lettieri and Mr. Joe Gazza with respect to the subdivision adjacent to the Cove Beach Estates major subdivision to the east. I am unable to attend the public hearing scheduled for tonight, but wish that this letter be incorporated into the subject hearing and made a part of your record. Throughout the board's review of the proposed development of the Cove Beach Estates subdivision, our clients have repeatedly asked the Planning Board to address the Cove Beach Estates roads . In particular, the necessity for a spur road to provide access to the northerly portion of our client ' s property as an element of good, orderly planning for the development of adjoining properties has been stressed repeatedly. If such a spur road is not included within the development of the Cove Beach subdivision, the development of our clients ' northerly parcels will necessitate a road system over which the Planning Board and the Southold Town Trustees have expressed their concern for its impact on the environment. The impacts could be mitigated completely by the connection of our clients ' road system to the Cove Beach Estates subdivision. This connection could be accomplished easily provided the Planning Board plans now for the development of adjacent parcels and requires the Cove Beach Estates subdivision to create at least one spur road to the east . Our client ' s parcels are accessed by a road system which at times runs parallel to the Cove Beach Estates road system, and will provide ingress and egress on Route 25. The only access for our clients ' property is within a more ten (10) feet of the Cove Beach Estates ingress and egress to Route 25, a very heavily travelled route and the only east/west road from Greenport to Orient. You are creating a dangerous condition which can be avoided with proper planning. The Cove Beach Estates major subdivision is the only major subdivision in East Marion which does not provide spur roads From:W011am D.Moore Mowe L Moore MOORE L MOORE ATTORNEYS AT LAW Page 2012 Monday.December 12.1994 4:03:05 PM To:Soomuld Plammng Board i 10 intended to connect adjacent developments . This is particularly troubling in light of the Board' s knowledge of the impending development of our clients ' property, the Trustees ' s comments regarding their displeasure at the development of these beautiful parcels, and the dangerous condition being created by the Board. The Planning Board has acted arbitrarily and capriciously in not requiring The Cove Beach Estates major subdivision to provide spur roads for the future connection of adjacent parcels . We respectfully ask that you correct this serious and potentially dangerous planning error by requiring the final plat of the Cove Beach Estates major subdivision to provide for the orderly development of these parcels with spur roads . For the Board' s information, our clients are prepared to negotiate an easement with the present owner of the Cove Beach property to facilitate matters . Similar offers were made first, to the former owner Mr. Reese, then with North Fork Bank. In our negotiations with North Fork Bank, we had reached a verbal agreement to our written offer to financially contribute towards the road improvements. While the agreement was being prepared by our office, North Fork Bank found a buyer for the Cove Beach Estates property they elected not to proceed with the agreement. We were then told to negotiate with the buyers who have not, as yet, discussed the easement with us . We cannot stress sufficiently the import and consequences attendant to a decision by the board to ignore a longstanding policy of requiring spur roads as a planning tool to insure the proper and orderly development of the town. Thank you in advance for your consideration. If you have any questions, please do not hesitate to contact me. Very truly yours, William D. Moore WDM/mr Mr.&Mrs.Frank R.Russel . 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T6{�t'ScIFr kEw6Y Rr 7- COUNTY OF SUFFOLK STATE OF NEW YORK ss : NOTICE OF PUBLIC Sound;on the east by land now HEARING or formerly of Robert Herman; on the south by land now or NOTICE IS HEREBY formerly of Robert Herman;on Patricia Wood , being duly sworn. GIVEN that pursuant to Sec- the east by land now or for- says that she is the Editor, of the tion 276 of the Town Law, a merly of Richard Kuo,by land TRAVELER—WATCHMAN, a publiz Public hearing will be held by now or formerly of Konrad and the Southold Town Planning Diane Goeldner, by land now newspaper printed at Southold , it Board,atthe'rownHall,Main or formerly of Wallace A. and Suffolk County; and that the notie_ Road, Southold,New York in Mary S. McGahan, by land of which the annexed is a printer said Town on the 12th day of now or formerly of Edward J. copy, has been published in saic December, 1994 on the ques- McGurn (Trust), by land now Traveler—Watchman once each wee! tion of the following: or formerly of Joan and Ed- for 7:30 P.M.Final Public hear- ward J.Smith,Jr.,by land now . . . . . . . . . . . . . . , , , , , , , , , , , , , , •week e or formerly of John M. Helf ing for the proposed major sub- and others; and on the north- division for Cove Beach Es- west by Reydon Shore's Boat suc ce ss_iveiy , commencing on the tates,in East Marion,Town of Basin. ' ' • ' ' • • • • • • • Southold, County of Suffolk, 7:40 P.M.Final public hear- State of New York. Suffolk ing for the proposed lot line County Tax Map Number change for Robert Scott, in day of . . . !J :;za r• • • . . . • , , , 1000-22-3-15.1 & 18.3. Orient, Town of Southold, 19 ". • . . �� The property isbordered on County of Suffolk, State of _ the north by Long Island New York.Suffolk County Tax Sound;on the east by land now Map Number 1000-18-6-16. or formerly of Robert W The property is bordered on . . . . . . . . . . . . Gillespie and David Gillespie, the north by Main State Road; by Dam Pond,by land now or on the northeast by land now formerly of Joseph F. Gazza, or formerly of K. Sledjeski;on by land now or formerly of the east by land now or for- Bernice Lettieri, and by land merly of A. Sledjeski, by land Swarm to before me on thi; now or formerly of Andrew now or formerly of Tuthill,and • • • • • • • •day of Lettieri; on the;south by Main by Narrow River Road; on the Road,by land now or formerly south by land now or formerly of Frank R.Russell and others, of Latham Farms, Inc.;and on • • . . . . . . . . . 19��: ::':!:'� ��.. by land now or formerly of the northwest by land now or . . . . . . . Barbara and Ronald Edeen,Jr. formerly of Latham Farms,Inc. by land now or formerly of Iris Dated:November 28, 1994 R.and Frank E.Begora,Jr.,and BY ORDER OF THE by land now or formerly of SOUTHOLD TOWN Myron B. Brown; on the west PLANNING BOARD by land now or formerly of Richard G. Ward,Chairman y' ' • • ' • • • • John & Luz Psaroudakis, by IX-12/1/94(1) Notary Public land now or formerly of Dor- BARBARA A. SCHNEIDER othy E.Cook,and by a 16 foot NOTARY PUELIC, State of New York right of way;and on the north- No. 4806846 west by land now or formerly Qualified in Suffolk County of Otto Uhl,Jr.,et. al. Commission Expires 0131/96 _ 7:35 P.M. Final public hearing for the proposed ma- jor subdivision for Anna K. Plock in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk -- - - -- County Tax Map Number 1000-79-5-20.2. The property is bordered on the north by Shelter Island SEC T 7994 oS U BG" /US CHA2?mEs A. CUDDY ATTORNEY AT LAw 180 OLD COUNTHY ROAD (RTE. 58) P.0.BOX 1547 RTVEHHEAD, NY 11901 ADJACENT TO TPS.:1616)368-6200 MOTOR VP.ID DEP TM NT PAX:(616)36 8060 December 9, 1994 Planning Board Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn: Melissa Re: Cove Beach Estates at East Marion SCTM #1000-22-3-15. 1 & 18 . 3 Dear Melissa: Please find enclosed six (6) sets of the subdivision map, last dated December 6, 1994, amended to indicate the new owner's name and address and the wetlands as designated by New York State Department of Environmental Conservation. Very truly yours, Charles R. Cuddy ;� CRC/ejc Enclosures DEC 121994 �� GHAnmES R. GUDDY ATTORNEY AT LAw 180 OLD COUNTRY ROAD (RTE. 58) P. O.BOX 1547 RIVERHEAD, NY 11901 ADJACENT TO TEL:16161 3668400 MOTOR VEHICLE DEPARTMENT FAX:161613660080 November 10, 1994 Ms. Melissa Spiro Southold Town Planning Board Main Road - Box 1179 Southold, NY 11971 Re: Proposed Major Subdivision - Cove Beach Estates SCTM 11000-22-3-15.1 & 18 .3 Dear Ms. Spiro: We are enclosing a Declaration of Covenants and Restrictions in connection with the proposed Homeowners Association at Cove Beach. Also enclosed is a proposed set of By-Laws for the property owners association. The applicant adopts each of these documents for the proposed homeowners associations. Ve�r-lyv truly yours, Charles R. Cudd Enclosures Hand Delivered P. S. Also , annexed is a copy of the Owner ' s Consent , the original of which will be presented prior to the hearing . MNOV 1 5 , 1 1Oi The undersigned, owner of premises konwn as Cove Beach Estates Subdivision located at Bast Marion, New York identified on the Suffolk County Tax Maps as 1000- 22 - 03 - 015.001 & 018.003 hereby acknowledges that he is being represented before the Planning Board by Charles R. Cuddy, 180 Old Country Road, River- head, New York 11901, and understand that this fora will be filed with the Town of Southold - PIanning ' Board consenting to that representation. Dated: November 1 , 1994. NOV 1 51994 SOUTHOLDTOWN PLANNING BOARD 'r DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS DECLARANT: NFB DEVELOPMENT CORP. DATE OF DECLARATION: RECORD AND RETT JRN TO: CERTILMAN BALIN ADLER & HYMAN Attorneys for the Sponsor 90 Merrick Avenue East Meadow, New York 11554 Attn: Richard Herzbach, Esq. t : ID , _ _ .. .m NOV 15 i� : SOUTHOLD TOWN PLANNING BOARD TABLE OF CONTENTS Page ARTICLE I. DEFINITIONS»........................................... 1 ARTICLE IL PROPERTY SUBJECT TO THIS DECLARATION.......................................»... 3 Section 1. Properties.......—.—.»,»,,,,,,.»—.._-.—.»,,. 3 ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION».......................»...»» 3 Section 1. Membership»....»......»............................. .. 3 Section 2. Voting Rights».»»»...»..» .....»..............».... 3 Section 3. Transfer of Membership..»»..............»....... 4 ARTICLE IV. PROPERTY RIGHTS IN THE PROPERTIES____._._. 4 Section 1. Members' Easements of Enjoyment__.... 4 Section 2. Title to Common Properties.......».............. 4 Section 3. Extent of Members' Easements................. 5 ARTICLE V. DEVELOPMENT OF COVE BEACH ESTATES.............................. 6 Section 1. Cove Beach Estates.».»»....»».......................... 6 Section 2. Easement.........»..»»...».»».».......»».._.. 6 Section 3. Reservation of Easements........................... 6 Section 4. Encroachments on Lots »»».. ...»»» 7 Section 5. Easement for Emergency Access................ 7 Section 6. Easement for Repair-_......................... 7 Section 7. Easement for Completion............................ 8 Section 8. Rights of Access in Favor of the Association..................................................... 8 Section 9. Easement for Adjoining Property Owners. 8 Section 10. Right of Way Easement................................ 9 Section 11. Easements of Record................................... 9 Section12. Future Easements.......................................... 9 TABLE OF CONTENTS - CONTINUED Page ARTICLE VI. COVENANT FOR MAINTENANCE ASSESSMENT.............».....»..„»................... 9 Section 1. Creation of the Lien and Personal 9 Section 2. Purpose of the Assessment--—.......... 9 Section 3. Common Expenses......»....».»„............»..„... 10 Section 4. Due Dates; Duties of the Board of 10 Section S. Effect of Non-Payment of Assessments; The Personal Obligation of the Home Owners; The Lien, Remedies of the Association.»..........................„......... 11 ARTICLE VII. CONSTRUCTION REQUIREMENTS FOR HOMES ON LOTS............. .„ 12 Section 1. Type of Building„...»..............„....... Section 2. Accessory Building .... „..„»,. »»..„..„.» 12 Section 3. Swimming Pool»„...........»» „ . „. . 12 Section 4. Dwelling Square Footage Requirements... 12 Section 5. Approval of Construction Plans................. 12 Section 6. Building Modifications................„.......„...... 12 ARTICLE VIII. MAINTENANCE...»..................................„... 13 ARTICLE IX. INSURANCE.....................» 13 „».„..»...„. ARTICLE X. USE OF PROPERTY................................... 14 ARTICLE XI. DEVELOPER'S RIGHT TO CHANGE SITEPLAN..................................................... 18 Section 1. Right to change Site Plan............................ 18 Section 2. Procedure to change Site Plan.................... 18 11 TABLE OF CONTENTS - CONTINUED Page ARTICLE XII• GENERAL PROVISIONS.»... 19 Section 1. Beneficiaries of Easements Rights. and Privileges....„„....„„ - 19 Section 2. Duration and Amendment..--...„„....,,...., 19 Section 3. Disposition of Assets upon Dissolution of Association 20 Section 4. Notices„......._... 20 Section S. Administratio 20 Section 6. Severability.,,,,,,,_..».»» _ . 20 Section 7. Special Rights of Declarant........... 20 iii DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS Declaration made as of this day of 199 by NFB Development Corp., a New York corporation with offices at 160 South Ocean Avenue, Patchogue, New York 11772, hereinafter referred to as "Developer" or "Declarant". WITNESSETH: WHEREAS, Developer is the owner of the real property described in Article II of this Declaration and shown on the filed map of the Property which Declarant desires to -develop as a residential community with various permanent open spaces and other common facilities for the benefit of said Community; and WHEREAS, Developer desires to provide for the preservation of the values and amenities in said Community and for the maintenance of the open spaces and other common facilities; and, to this end, desires to subject the real property described in Article H to the covenants,restrictions, easements, charges and liens,hereinafter set forth, each and all of which is and are for the benefit of said Community and each Owner thereof, and WHEREAS, Developer has deemed it desirable,for the efficient preservation of the values and amenities in said Community to create an agency to which should be delegated and assigned the powers of maintaining and administering the Community property and improvements and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated Cove Beach Estates Property Owners Association, Inc. under the Not-For-Profit Corporation laws of the State of New York for the purpose of exercising the aforesaid functions; NOW THEREFORE, the Developer, for itself, its successors and assigns, declares that the real property described in Article II is and shall be held,transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I. DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: 1 (a) "Association" shall mean and refer to Cove Beach Estates Property Owners Association, Inc., a New York Not-for-Profit corporation. (b) "The Board" shall mean and refer to the Board of Directors of the Association. (c) "By-Laws" shall mean and refer to the By-Laws governing the operation of the Association, the form of which is set forth in Exhibit B hereto: (d) "Common Expenses" shall mean and refer to those expenses(including reserves) which are incurred or assessed by the Association in fulfilling its lawful responsibilities (herein sometimes referred to as "Assessment"). (e) "Common Properties" or"Common Areas" shall mean and refer to certain areas of land excluding the residential lots as shown on the Filed Map of the Property in the Suffolk County Clerk's Office and including,without limitation, the internal roadways, open space, park recreation area and drainage areas. (f) "Declaration" shall mean and refer to this Declaration of Covenants, Restrictions, Easements, Charges and Liens, as the same may, from time to time, be amended. (g) "Developer" or "Declarant" shall mean and refer to NFB Development Corp., a New York corporation and its successors and assigns, if such successor; and assigns should acquire an undeveloped or developed but unsold portion of the Properties from the Developer including,without limitation, any mortgagee which has foreclosed or acquired by other means the interest of the Developer. (h) "Development" or "Community" shall mean Cove Beach Estates, a residential development on The Properties which will consist of 34 Lots. (i) "Filed Map" shall mean and refer to the map for Cove Beach Estates as filed in the Suffolk County Clerk's Office. 0) "Home" shall mean and refer to all units of residential housing situated upon the Lots on the Properties. (k) "Lot" shall mean and refer to any plot, pieces or parcels of land intended for residential uses shown on the Filed Map of The Properties filed in the Suffolk County Clerks Office but shall not include the Common Areas. (1) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article III. Each Member shall be entitled to one (1) vote. 2 V: (m) 'The Properties" shall mean and refer to all such Properties described in Article II. (n) "Property Owner' or "Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to any Unsold Lot. Every Property Owner shall be treated for all purposes as a single owner for each Lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, such collective ownership shall constitute one (1) Member. (o) "Unsold Lot" shall mean and refer to any Lots owned by the Developer and any successors or assigns until such time as the same have been sold to a third parry. It shall not include a lot with an improved Home thereon which is used for personal occupancy of the Developer, any of its principals or any of its successors or assigns. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION Section 1. Properties. The real property which is and shall be held,transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described in Schedule "A" annexed hereto. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1 Membership. The Association shall have one class of membership interest. The Owner of a Lot with or without an improved Home on the Properties subject to this Declaration shall be a Member. Section 2 Voting Rights. Each Member is entitled to one vote irrespective of the number of Lots owned by a Member. When more than one person or entity holds such interest in the membership, the one vote attributable to such membership shall be exercised as such persons mutually determine but not more than one vote may be cast with respect to any such Member. For purposes of this section the word "Home" shall have the same meaning as "Lot" and therefore if there is no Home constructed on a particular Lot in the Development, the Owner of such Lot will still be considered a Member entitled to cast the one vote as set forth above. No Member shall split or divide its votes on any motion, resolution or ballot. The Developer shall have one (1) vote irrespective of the number of unsold Lots it owns. 3 Section 3. Transfer of Membership. Membership in the Association shall be appurtenant to, and may not be transferred, except in conjunction with the lawful sale or conveyance of a Lot with or without an improved Home thereon. No Owner shall be permitted to sell or convey his or her Lot unless and until he or she shall have paid in full to the Board all unpaid Common Expenses and other amounts required by the Board to be paid and assessed by the Board against such Lot. Upon such sale or conveyance, the seller of such Lot shall relinquish his or her membership in the Association and the purchaser of such Lot shall automatically become a Member, subject to this Declaration,the By-Laws and the Rules and Regulations. ARTICLE IV. PROPERTY RIGHTS IN THE PROPERTIES Section I Members' Easement of Enjoyment. Subject to the provisions of Section 3, every Member and its permitted occupants of improved Homes on the Lots, and their respective family members and guests shall have a right and easement of enjoyment in and to The Common Areas and such easement shall be appurtenant to and shall pass with the title to every Lot. Except as otherwise specifically provided in this Declaration,the By-Laws or the rules and regulations promulgated by the Board, the Board may not impose any limitations upon the use and enjoyment of the Common Areas by Members and the permitted occupants of Homes, and their respective family members. The Board may establish a limitation on guest privileges by guests of Members or permitted occupants of Homes and the Board may establish a limitation on the use of the Common Areas for a party, meeting or other similar event. Except as otherwise specifically provided in this Declaration or in the By-Laws, the Board may not impose any fee for the use and enjoyment of the Common Areas by Members or permitted occupants of Homes and their respective family members,other than assessments against a Member's Lot unless the Common Areas are used for a party,meeting or other similar event. Section 2. Title to Common Properties. Prior to conveyance of title to the first Lot on the Properties, the Developer shall convey to the Association legal title to the Common Area subject, however, to the following covenant which shall be deemed to run with the land and shall be binding upon the Properties and the Association, its successors and assigns: In order to preserve and enhance the property values and amenities of the Development, the Common Areas and all facilities now or hereafter built or installed thereon, shall at all times be maintained in good repair and condition and shall be operated in accordance with high standards. The maintenance and repair of the Common Areas shall include, but not be limited to, maintenance, repair of damage and replacement to the internal roadways, snow removal of the internal roadways, maintenance, repair and 4 replacement if necessary of the open space, drainage area, park recreation area and common lights and maintenance of all other utilities located on or in the Common Properties, if not maintained by the applicable utility company. This Section shall not be amended, as provided for in Article XIII, Section 2, to reduce or eliminate the obligation for maintenance and repair of the Common Areas. Section 3 Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the Association to promulgate rules and regulations for the use and enjoyment of the Common Areas; and (b) The right of the Association, as provided in its By-Laws to suspend the enjoyment rights of any Member for a period during which any assessment remains unpaid and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations; and (c) The right of the Developer to offer for dedication the roads and/or drainage facilities to the Town of Southold or any other public agency or authority at any time prior to deeding the roads and/or drainage facilities to the Association and upon deeding the roads and drainage facilities to the Association the obligation of the Association to offer for dedication the roads and/or drainage facilities to the Town of Southold or any other public agency or authority upon the written request of the Developer as long as the Developer owns at least one (1) Unsold Lot. (d) - The right of the Association, after the Developer no longer owns any Unsold Lots, to dedicate or transfer all or any part of the Common Areas, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members and their mortgagees entitled to cast eighty (80%) percent of the eligible votes has been recorded agreeing to such dedication, transfer,purpose or condition and unless written notice of the action is sent to every Member at least ninety (90) days in advance of any action taken; and (e) The right of the Developer and of the Association to grant and reserve easements and rights-of-way, in, through, under, over, upon and across The Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities, and the right of the Developer to grant and reserve easements and rights-of-way, in, through, under, over, upon and across The Properties for the completion of the Developer's work under Section 1 of Article V; and 5 (f) The terms of the By-Laws and any rules and regulations promulgated by the Board of Directors regarding The Properties and Common Areas; and (g) The right of the Developer to use the Common Areas or to permit the Common Areas to be used by Developer's designee or any prospective purchaser of a Lot or any tenants of Unsold Lots with an improved Home thereon, without charge, in accordance with and subject to this Declaration, the By-Laws and any rules and regulations promulgated by the Board. In addition, Developer shall have the right, at any time when there shall be any Unsold Lots, to use the Common Areas, without charge, for exhibitions or other promotional functions with respect to Developer's sales programs, in accordance with and subject to this Declaration, the By-Laws, and the niles and regulations. The provisions of Article IV, Section 3 may not be amended without the written -consent of the Developer or its successors and assigns. ARTICLE V. DEVELOPMENT OF COVE BEACH ESTATES Section 1. Cove Beach Estates. Developer intends to improve up to 34 Lots, roadways, and other improvements to the Common Areas on the parcel of land as described in Exhibit "A" consisting of a total of approximately 96.3847 acres. Section 2. Easement. Developer does hereby establish and create for the benefit of the Association and for all Property Owners from time to time of Lots subject to this Declaration and its permitted occupants of, Homes improved on said Lots and their respective family members and guests and does hereby give, grant and convey to each of the aforementioned, the following easements, licenses, rights and privileges: (i) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under, upon and across the streets and roads in The Properties (as shown on the Filed Map(s) and any changes as they may be built or relocated in the future) for all purposes; (ii) Rights to connect with, maintain and make use of utility lines, wires, pipes, conduits, cable television lines, sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of The Properties. Section 3 Reservation of Easements. Developer reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under, upon and across The Properties, for the purpose of completing all construction and work under Section 1 above and towards this end, reserves the right to grant and reserve easements and rights-of-way in, through, under, over, upon and across The Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable 6 television, gas and other utilities and for any other materials or services necessary for the completion of the work. Developer also reserves the right to connect with maintain and make use of the utility lines, wires, pipes, conduits, cable television lines, sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of The Properties. In addition, Developer and any Selling Agent retained by Developer reserves the right to continue to use The Properties and any sales offices, maintenance building, model Homes on any Lot, Unsold Lots with or without an improved Home thereon, signs, and parking spaces located on The Properties in its efforts to market Lots on The Properties for so long as there are any Unsold Lots remaining in the Development. Developer further reserves the right to maintain upon the Properties such facilities as may be required, convenient or incidental for the completion of its work under Section 1 above including, without limitation, a business office, storage area, construction trailers, construction equipment and supplies, for so long as there are any Unsold Lots remaining in the Development. This Paragraph may not be amended without the written -consent of Developer. Section 4. Encroachments on Lots or Common Area. In the event that any portion of any roadway, walkway, parking area, driveway, patio, deck, water lines, sewer lines, drainage lines, electric and gas meters,utility lines, sprinkler system, fences, light standards, building or any other structure as originally constructed by Developer encroaches on any Home or Lot or the Common Areas, it shall be deemed that the Property Owner of such Lot and any Home improved upon such Lot or the Association has granted a perpetual easement to the Property Owner of the adjoining Lot or the Association, as the case may be, for continuing maintenance and use of such encroaching roadway, walkway, driveway, patio, deck, parking area, water line, sewer lines, drainage lines, electric and gas meters, utility lines, sprinkler system, building or structure. The foregoing shall also apply to any replacements.of any such roadway,walkway, driveway,patio, deck,parking area,water lines, electric and gas meters, sewer lines, drainage lines, utility lines, sprinkler system, building or structure if same are constructed in substantial conformance to the original. The encroachment for sewer lines, water lines and utility lines shall also apply to sewer and utility lines which may run under any Home improved upon a Lot. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. Section . Easement for Emergency Access. Developer does hereby establish an easement of ingress and egress over the roadways, any parking areas and all other Common Areas in the Development for the benefit of all emergency vehicles and personnel including but not limited to police, fire, and medical purposes. Section 6. Easement for Repair. The Board, Managing Agent, if any, manager or employee of the Association and any other person authorized by any of the foregoing, shall have, and the Common Areas shall be subject to, an easement in, to and through the Common Areas or any portion thereof in favor of the foregoing persons, (a) to operate, maintain, repair, alter, rebuild, restore and replace any of the Common Areas, including, 7 without limitation, the maintenance of any sign identifying the Association located at the entrance thereto and any advertising and/or directional signs and (b) to perform any of their respective duties in accordance with the By-Laws. Section 7. Easement for Completion. Each Member hereby grants a right of access to his Lot to Developer or its designee, and any contractors , subcontractors, agents , and employees of the foregoing for the purposes of the repair and completion of any installation, construction, modification, alteration, renovation, maintenance, repair, restoration, replacement , or change including, without limitation, the correction of any construction defects being performed or -to be performed by or on behalf of Developer with respect to the Common Areas. Section S. Rights of Access in Favor of the Association. Each Property Owner shall afford to the Association, any Managing Agent and/or any other person authorized by any of the foregoing a right of access to his or her Lot on reasonable notice at reasonable hours, on any day except Sundays and holidays (except that in an emergency situation such notice need not be given) for the purposes of: (a) making inspections of, or removing violations noted or issued by any governmental authority against any other Lot ; (b) curing defaults hereunder, or violations of any rules and regulations promulgated by the Board of Directors and committed by such Property Owner; and (c) correcting any conditions originating in or on his or her Lot and threatening another Lot or, all or any portion of the Property. Section 9. Easements of Record. The rights of Property Owners in the Association are subject to all Declarations, Covenants , restrictions, reservations , exceptions, easements, and agreements of record. Section 10, Future Easements. Developer shall retain the right , so long as there are any Unsold Lots on 8 the Properties, to place any easements in, to or under The Properties which Developer shall deem necessary for the benefit of the Association and its Members . ARTICLE VI. COVENANT FOR MAINTENANCE ASSESSMENTS Section 1 . Creation of the Lien and Personal Obligation. The Developer, for- each Unsold Lot then subject to the Declaration of Cotenants, Restrictions, Easements, Charges and Liens owned by it within The Properties, hereby covenants and each Property owner of any Lot by acceptance of a deed therefore_, whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association such Common Expenses as are fixed by the Association's Hoard of Directors and assessed to the Property Owners as hereinafter provided. All sums assessed by the Association but unpaid, together with such interest thereon and the cost of collection thereof as is hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property owned by such Property Owner against which each such Common Expenses is made. Each such assessment , together with interest thereon and cost of collection thereof, as hereinafter provided shall be a personal obligation of the person who was the Property Owner of such property at the time when the Common Expenses fell due. Section 2. Purpose of the Assessment. The Common Expenses levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents in -The Properties as a Development and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Areas and of the Lots situated upon The Properties , including, without limiting the foregoing, the payment of taxes 9 (if any) on the Common Area, insurance thereon, and repair, replacement and additions thereto, and the cost of labor, equipment, materials, services, management and supervision thereof. Section 3. Common Expenses. The Association's Board of Directors shall,from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement to the budget to each Property Owner prior to assessing the Property Owner's thereon. The Board shall determine the total amount required, including the operational items such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges to cover any deficits from prior years and capital improvements approved by the Board. The total annual requirements and any supplemental requirements shall be allocated between, assessed to, and paid by the Property Owners as follows: Each Property Owner shall pay a portion of said requirements, the numerator of which shall be one (1) and the denominator of which shall be equal to the number of Lots on The Properties subject to this Declaration. The Developer's obligation for such Common Expense on Unsold Lots subject to this Declaration will be limited to the difference between the actual operating costs of the Association, including reserves on the Common Areas, and on Lots to which title has been conveyed and the Common Expense levied on Property Owners who have closed title on their Lots based on a full- occupancy budget. In no event, however, will the Developer be required to make a deficiency contribution in an amount greater than it would otherwise be liable for if it were paying full assessments on Unsold Lots for the Unsold Lots then subject to the Declaration of Covenants and Restrictions. The amount of any deficiency shall not include uncollected Common Expenses from Property Owners. The sum due the Association from each individual Property Owner shall constitute a Common Expense of the Board of Directors and unpaid Common Expenses shall constitute liens on the individual Lots and the personal obligation of the Property Owner, subject to foreclosure as hereinafter provided. Section 4. Due Dates;Duties of the Board of Directors. All Common Expenses shall be payable monthly in advance or as otherwise ordered by the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the Common Expenses against each Lot and shall prepare a roster of the Lots and Common Expenses applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Property Owner. Upon the written request of a Property Owner or their Mortgagee, the Board shall promptly furnish such Property Owner or their Mortgagee with a written statement of the unpaid charges due from such Property Owner. 10 Section 5 Effect of Non-Payment of Assessment, The Personal Obligation of the Property Owner, The Lien, Remedies of the Association. If a Common Expense is not paid on the date when due, as fixed by the Board of Directors, then such Common Expense shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Property Owner's Lot which shall bind such property in the hands of the Property Owner, his heirs, devisees, personal representatives and assigns. Such lien shall be prior to all other liens except: (a) tax or assessment liens on the Lot and/or any Home improved on the Lot by the taxing subdivision of any governmental authority, including but not limited to State, County, Village and School District taxing agencies; and (b) all sums unpaid on any first mortgage of record encumbering the Lot or any Home improved on the Lot. The personal obligation of the Property Owner who was the Owner of the Lot when the Common Expense fell due to pay such Common Expense, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. In the event any Property Owner fails to make payment of a Common Expense, the Property Owner who owns such Lot shall be obligated to pay (a) a "late charge" of$.04 for each $1.00 of such amounts which remain unpaid for more than ten(10) days from their due date (although nothing herein shall be deemed to extend the period within which such amounts are to be paid) and (b) interest at the rate of 2% per month (but in no event in excess of the maximum rate permitted by law) on such unpaid amounts (less any "late charges" theretofore collected on such amounts) computed from the due date thereof; and (c) all expenses, including, without limitation, attorneys' fees paid or incurred by the Board or by any Managing Agent in any proceeding brought to collect such unpaid Common Expense or in an action to foreclose the lien on such Property Owner's Lot arising from said unpaid Common Expense in the manner permitted by applicable law. All such "late charges", interest and expenses shall be added to and shall constitute Common Expenses payable by such Property Owner. The Board (on behalf of the Owners) shall have the right to bring an action to foreclose a lien on a Property Owner's Lot or Home improved thereon in the event such Owner is in default in the payment of Common Expenses. A suit to recover a money judgment for unpaid Common Expenses shall be maintainable, at the option of the Board, without foreclosing or waiving the lien securing such charges. In the event of a foreclosure sale of a Lot or Home improved thereon by a Mortgagee or by the Board of its lien on any Lot or improved Home thereon, for unpaid Common Expenses, if the net proceeds of the foreclosure sale (after deduction of all legal fees, advertising costs, brokerage commissions and other costs and expenses incurred therewith)shall be insufficient for the payment of such unpaid charges, or if a Lot or improved Home thereon is acquired by a mortgagee or purchaser in foreclosure, the owner of such Lot or improved Home thereon prior to foreclosure sale shall remain liable for the payment of all unpaid Common Expenses which accrued prior to such sale. 11 ARTICLE VII. CONSTRUCTION REQUIREMENTS FOR HOMES ON LOTS Section 1. Type of Building. No building shall be erected, altered, placed or permitted to remain other than one (1) detached single family dwelling not to exceed two and one-half (2Sh) stories in height and a private garage for not more than three (3) cars, or two (2) cars and a boat and boat trailer. Section 2 Accessory Building. No carport or other accessory building of any land may be erected except: (1) a detached garage and (2) an accessory building used in conjunction with a swimming pool. Section 3. Swimming Pool. A private in-ground swimming pool may be constructed on any Lot provided it is situate in the rear yard only and provided further than no portion of any such pool or its appurtenances shall be closer to the rear or side lot lines than thirty (30) feet. In no instance shall the rear yard be considered the area between the street and building lines. Section 4 Dwelling Square Footage Requirements. No dwelling shall be permitted to any Lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1500 square feet. If the living area is on more than one (1) floor, the total living area shall be not less than 1800 square feet. Section 5. Approval of Construction Plans. All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by the Developer, its successors or assigns, prior to the start of any construction as long as the Developer owns any Unsold Lots. Thereafter, all plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by the Board of Directors of the Association or any Architectural Committee appointed by the Board of Directors of the Association. Such approval, which shall not be unreasonably withheld, shall be based on the judgement of the Developer, the Board of Directors or Architectural Committee as the case may be, as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of the Cove Beach community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. Section 6. Building Modifications. All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main building,shall conform in architecture,material and color to such dwelling. Any attached addition to the initial residential dwelling shall not project more than five (5) feet beyond the front wall of the dwelling or structure as originally approved. 12 ARTICLE VIII. MAINTENANCE The Association will be responsible for the maintenance, repair and replacement of all portions of the Common Area. Each Owner will be solely responsible for the maintenance, repair and replacement of all portions of the Owner's Lot and any Home improved thereon. ARTICLE IX. INSURANCE (a) The Board shall be required to obtain and maintain, to the extent obtainable and to the extent determined by the Board to be appropriate, the following insurance: (i) workers' compensation and New York State disability benefits insurance for any employees; (ii) fidelity insurance covering all officers, Board members, directors and employees of the Association and of the managing agent or agents who handle funds of the Association; (iii) directors' and officers' errors and omissions insurance; and (iv) such other insurance as the Board may determine. The premiums for all insurance referred to above and for the liability insurance referred to below shall be a Common Expense and shall be home equally by the Property Owners. (b) The Board shall also be required to obtain and maintain, to the extent obtainable, comprehensive general liability insurance against claims for personal injury, death or property damage occurring upon,in or about the Common Areas and in such limits as the Board may from time to time determine, covering (i) the Board, any managing agent appointed by the Board, each Board member and each Association Member and any lessee, occupant and family member. The Board shall also be required to obtain and maintain, on behalf of the Board, fidelity insurance covering the Board, the Managing Agent, if any, each Board member and each officer of the Association and each employee of the Association employed as such. (c) Members shall not be prohibited from carrying other insurance for their own benefit, at their own expense,and the Board shall not be prohibited from carrying additional insurance, provided that any such policies shall contain waivers of subrogation, and further provided that the liability of the carriers issuing insurance obtained by the Board shall not be affected or diminished by reason of any such additional insurance carried by any Member. (d) In the event that the Common Area or any part thereof is damaged or destroyed by fire or other casualty the Board will arrange for the prompt repair and restoration thereof and the Board, or the Insurance Trustee, as the case may be, shall disburse the proceeds of all insurance policies to the contractors engaged in such repair and restoration in appropriate progress payments. If the insurance proceeds are less than sufficient to cover, 13 • or exceed, the cost of repairs and restoration, the deficit or surplus, as the case may be,will be home equally by all Property Owners as a Common Expense or shared equally by all Property Owners, except that the amount of any surplus payable to any Member pursuant to this Section (d) shall be lessened by the amount of any unpaid Common Area Common Expense against such Property Owner. ARTICLE X. USE OF PROPERTY The use of a Lot and any Home improved thereon by a Member or other occupant shall be subject to the rules,regulations and provisions of this Declaration, the By-Laws and any rules and regulations of the Association as they may be added to or promulgated by the Board of Directors and the following covenants and restrictions: (a) The Lot, any Home improved thereon, and any area restricted to the Member's use shall be maintained in good repair and overall appearance. (b) Any Property Owner who mortgages or sells his Lot or any Home improved thereon shall immediately notify the Board of Directors providing the name and address of his mortgagee or new Property Owner. (c) The Board of Directors shall, at the request of the mortgagee of the Lot or any Home improved thereon, report any delinquent assessments due from the Owner of such Lot or Home improved thereon. (d) No nuisances shall be allowed upon The Properties nor shall any use or practice be allowed which is a source of annoyance to residents or which interferes with the peaceful possession and proper use of the property by its residents. (e) No improper, offensive or unlawful use shall be made of The Properties nor any part thereof, and all valid laws, zoning ordinances, the regulations of all governmental bodies having jurisdiction thereof, shall be observed. (f) Regulations promulgated by the Board of Directors concerning the use of The Properties shall be observed by the Members. (g) The Common Expenses shall be paid when due. (h) All dogs, cats, and other pets must be leashed and shall not be permitted to run loose on the Common Area. Property Owners shall be responsible for picldng up and disposing of their pet's waste and for any damage caused by their pets to The Properties. No cages or "runs" shall be constructed on the Common Areas. 14 (i) No resident of the Community shall post any signs, advertisements or posters of any kind including "for sale" or "for rent" signs in or on The Properties, except the name and address of the resident owner, except as authorized and approved by the Board of Directors. 6) No Property Owner shall move, remove, add or otherwise change the landscaping on the Common Area without the consent of the Board of Directors or any Architectural Committee. (k) No person shall be permitted to use the Common Area except in accordance with the rules and regulations established by the Association's Board of Directors. 0) The Common Area shall not be obstructed, littered, defaced or misused in any manner. (m) Every Member shall be liable for any and all damage to the Common Area and the property of the Association,which shall be caused by said Member, its permitted occupants of Homes on the Lots, their respective family members and guests and such other person for whose conduct the Member is legally responsible. (n) Nothing shall be done or kept on the Association Property which will increase the rate of insurance of the Common Areas or contents thereof without the prior written consent of the Board. No Member shall permit anything to be done or kept on The Properties which will result in the cancellation of insurance on the Common Areas or which would be in violation of any law. , (o) No Lot shall be divided and conveyed as two (2) or more separate parcels. Nor shall more than one (1) dwelling house be located on any Lot. (p) No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for commercial purpose. (q) no trailer, tent, shack or other such structure shall be located, erected or used on any Lot temporarily or permanently. (r) No noxious or offensive activities shall be carried on or upon any Lot,nor shall anything be done thereon which may be or may become an annoyance or nuisance to the community. (s) Garbage or rubbish shall not be dumped or allowed to remain on any Lot. All garbage to be collected must be contained in a closed receptacle, placed inconspicuously outside the dwelling for collection. 15 (t) Clotheslines and laundry poles must be located in the rear yard and so placed and so screened so as not to be visible from the street upon which the premises front or from other adjoining property. (u) Fences, whether fabricated or growing, shall not exceed four (4) feet in height; cyclone and chain link fences are not permitted, except insofar as same may be required in the installation of a swimming pool. (v) No boat or boat trailers shall be placed on any Lot unless in a garage or authorized accessory building. (w) No fires or fire pits shall be permitted in the Recreation Park Area unless approved by the Board of Directors. (x) The use of the roads and Recreation Park Areas shall be subject to reasonable regulations from time to time promulgated by the Board of Directors. (y) The Property will utilize natural drainage areas within the subdivision. In order to insure that such drainage areas shall function properly, the following covenants and restrictions are hereby imposed: (i) No trees, shrubs, planting or other vegetation shall be planted or maintained in or about the drainage areas without the written consent of the Board of Directors and the Planning Board of the Town of Southold. (ii) No sand, gravel, loam or other material shall be deposited in the drainage areas, nor shall any material be removed therefrom without the written consent of the Board of Directors and the Planning Board of the Town of Southold. (iii) No fences or other structures shall be placed maintained in or about the drainage areas without the consent of the Board of Directors and the Planning Board of the Town of Southold. (iv) The Board of Directors shall have the right to enter upon the drainage areas in order to insure that such areas are properly functioning for surface water drainage purposes. (z) Developer shall have the right to display signs for promotional, sales, exhibit and administrative purposes upon any portion of the Common Areas or upon any Unsold Lot until the last Unsold Lot within The Properties is sold and conveyed. Developer shall have the right, the foregoing notwithstanding, to place permanent signs on Lots of its choice, at sites chosen by Developer. Developer shall also have the right to install fencing and walls on the Lots at perimeter sites chosen by 16 Developer. No Property Owner (other than Developer) or tenant or other person on the premises shall remove, alter, change, interfere with or tamper with, in any way, said signs, walls or fences, which shall be maintained in good condition by the Association and its Board of Directors. The cost of such maintenance shall be treated as a Common Expense. (aa) The Board shall have the power to make such rules and regulations as may be necessary to carry out the intent of these use restrictions, and shall have the right to bring lawsuits to enforce the rules and regulations promulgated by it. Upon receipt, by the President of the Board of Directors or by the Managing Agent, of a signed written complaint alleging violation of any of the By-Laws or Rules as herein established or hereafter established or adopted by the Board of Directors, the President of the Board, or in his absence, the Vice President together with any two (2) members of the Board, without a formal meeting of the Board, shall make a determination as to the validity of the complaint. If in their determination the complaint is valid and justified the Board of Directors or any Managing Agent shall be directed to send written notice of such violation to the violator. If the violation is not corrected or eliminated within a period of three (3) days from the date of receipt of such notice; another notice will be sent levying a $50.00 fine upon the violator. Such fine is to be considered as an additional common expense to the account of the violator and shall be treated as such regarding late penalties and a lien upon the Property as elsewhere provided. If after imposition of a fine the violation is not corrected or eliminated, the Board of Directors may assess additional fines of $50.00 each after serving written notice upon the violator as provided for above. If the violation results in loss of or damage to property classified as Common Area, the Board of Directors shall direct the Managing Agent or the Board, if no Managing Agent, to have said loss or damage repaired or replaced, and the actual cost of said repair or replacement shall be assessed to said violator as an additional assessment. Any costs incurred by the Board of Directors to remedy or cure any violation of these By-Laws, the Rules or Regulations as herein or hereafter established, shall be an additional common expense charged to the violator in addition to the fifty dollar ($50.00) fine(s) levied upon the violator. Fines may be levied against a Property Owner's tenant, and the Property Owner shall be jointly and severally liable with his tenant for the payment of same. In the event the Association institutes legal action for the collection of any fines, then the Defendant shall be responsible for payment of reasonable attorney's fees of the Association plus interest and costs of suit. The foregoing provisions shall not apply to Developer unless required: (a) to comply with applicable municipal laws or regulations, or (b) to remedy any notice of violation. In the event it becomes necessary for Developer to enforce any provisions of this Declaration, the By-Laws, Rules or Regulations, such Property Owner, tenant guest, or occupant will be required to reimburse Developer or the Board for any 17 costs incurred in connection herewith, including attorneys fees. The Property Owner shall at all times be and remain responsible for his Tenant's actions or omissions. ARTICLE M. DEVELOPER'S RIGHT TO CHANGE SITE PLAN Section 1. Right to Change Site Plan. Developer reserves the right to make minor revisions of boundary lines and road lines from those shown on the site plan in order to preserve the natural topography of all or any portion of The Properties and to adjust the size of the Lots to accommodate the improvements on all or any portion of The Properties now or hereafter constructed, subject to any required approvals by the Town of Southold or any other public agency. The rights reserved to Developer hereunder shall include, but not be limited to,the right (i) of a reversion of title to insubstantial portions of the Common Areas to be conveyed to the Association for the purpose of adding such portions to one or more of the Lots; (ii) to change in an insubstantial manner, the location of Lots not yet conveyed by Declarant and the Common Areas and the location of the improvements thereon; and (iii) to change in an insubstantial manner, the location of a road or roads. Section 2. Procedure to Change Site Plan. The Association hereby consents (and the deeds conveying the Common Areas to the Association shall similarly provide) that the Site Plan may be amended to effectuate any of the provisions contained in Section 1 above, without any further covenants and that the Association will, if requested, execute, acknowledge and deliver, without charge, a deed or deeds reconveying to Developer or to an Owner any land theretofore conveyed to the Association, so that a revision or correction deed or deeds conforming to an amended site plan may be delivered. The deeds conveying the Lots to Property Owners may also provide that the site plan may be amended accordingly for the above purposes without any consent on their part being required, and that the acceptance of a deed shall be deemed a consent to such future amendment or amendments of the site plan, and that such Property Owners covenant that they will, nevertheless, if requested, execute, acknowledge and deliver, without charge, any written consent to such amendment or amendments of the site plan and further, if requested, execute,acknowledge and deliver without charge, a deed or deeds reconveying to Developer or the Association any land theretofore conveyed to the Property Owner so that a revision or correction deed or deeds conforming to an amended site plan may be delivered. Regardless of the foregoing, the recording by or on behalf of Developer of an amended site plan to delineate any or all of the changes provided for in this Article M shall be deemed a modification of any prior instruments whereby Developer conveyed title to any or all of the Common Areas to the Association. The provisions of this Article M, Sections 1 and 2 may not be amended without the written consent of the Developer, its successors or assigns. 18 ARTICLE XII. GENERAL PROVISIONS Section 1. Beneficiaries of Easements, Rights and Privileges. The easements, licenses, rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Developer, the Association and the Owners of Lots and any improved Homes thereon and Unsold Lots on The Properties; and any Owner may also grant the benefit of such easement, license, right or privilege to his guests and their immediate families for the duration of their visits, subject in the case of the Common Areas to the rules and regulations of the Board of Directors, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. Section 2. Duration and Amendment. The covenants and restrictions of this Declaration shall run with, and bind the land, and shall inure to the benefit of, and be enforceable by the Association, any Member, or the Owner of any land subject to this -Declaration, their respective legal representatives, heirs, successors and assigns, until December 31, 2060, unless otherwise expressly limited herein, after which time, said covenants and restrictions shall be automatically extended for successive periods of ten(10) years, unless an instrument signed by sixty six and two thirds (66-2/3) of the Members, then subject to the Declaration, has been recorded, agreeing to change said covenants and restrictions in whole or in part.Notwithstanding the foregoing,the easements,licenses,rights and privileges established and created with respect to the Properties by Section 2 of Article V shall be perpetual,run with the land,and shall survive any destruction,reconstruction and relocation of the physical structure, unless said provision is abrogated by the unanimous written consent of all the Members. Unless specifically prohibited or different requirements are provided herein, this Declaration may be amended by an instrument signed by Members holding not less than sixty-six and two-thirds (66 2/3) of then existing membership. Any amendment must be properly recorded to be effective. Notwithstanding any provision contained herein to the contrary, no amendment, modification, addition or deletion of, to or from this Declaration, the By-Laws or any rules and regulations shall be effective in any way against Developer or its designee or any Unsold Lot, as long as the Developer owns an Unsold Lot on The Properties, unless Developer has given its prior written consent thereto. Developer hereby reserves the right to amend, modify, add to or delete from this Declaration at any time without the requirement of obtaining the approval, consent or signature of the Board or any Members for the purpose of maldng any technical corrections or additions or any other changes that do not materially and adversely affect the Property Owners. Such amendment, modification, addition, or deletion of, to or from this Declaration, duly executed, in form for recording, shall be recorded by Declarant against the Property and theretofore subject to this Declaration. 19 Section 3. Disposition of Assets Upon Dissolution of Association. Upon dissolution of the Association, its real and personal assets, including the Common Areas, shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. In the event such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. No such disposition of the Association properties shall be effective to divest or diminish any right or title to any Member vested in him under the licenses, covenants and easements of this Declaration, or under any subsequently recorded covenants, deeds or other documents applicable to the Properties, except as may be otherwise provided in this Declaration or said covenants, deeds or other documents, as the case may be, nor shall any other party under any such deeds, covenants or other documents be deprived of any rights thereunder on account of such disposition. Section 4. Notices. Any notice required to be sent to any Member or Property Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed,by certified mail return receipt requested, postpaid, to the last ]mown address of the person who appears as Member or Property Owner on the records of the Association at the time of such mailing. Section Administration. The administration of the Association shall be in accordance with the provisions of the Association By-Laws which are made a part of this Declaration and attached hereto as Exhibit 'B" to the Declaration. Section . Severability. Invalidation of any of the covenants,limitations or provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. Section 7. Special Rights of Declarant. Notwithstanding anything to the contrary contained herein so long as there are any Unsold Lots, Developer and any designee of Developer shall have the right, without requiring the consent of either the Association or any other Member(s), and without charge or limitation, to: (a) have its employees, contractors, subcontractors and sales agents present on The Properties and on the Unsold Lots; (b) erect and maintain signs and other promotional materials (including, without limitation, "For Sale", and "For Rent"signs), in connection with the promotion, sale,leasing, management, or operation of the Unsold Lots; (c) use any one or more Unsold Lots for; (i) model homes, (ii) offices for the promotion, sale, rental, management and/or operation of the Unsold Lots, (iii) offices in connection with any installation, construction, modification, alteration, renovation, maintenance, repair, restoration, replacement, or change being performed, or to be performed, by, or on behalf of, Developer with respect to the Common Areas and/or the Unsold Lots; and/or (iv) for any other purpose; and (d) do and cause to be done all of the things that are necessary, desirable or appropriate (including, without limitation, the use of the Common Areas and the Unsold Lots) for the purpose of: (i) the promotion, sale, rental, management and/or operation of the Unsold Lots; (ii) the 20 .. • performance and completion of installation, construction, modification, alteration, renovation, maintenance, repair, restoration, replacement, or change being performed, or to be performed, by, or on behalf of, Developer with respect to the Common Areas and/or (iii) the exercise performance and discharge of Developer's other rights and obligations under this Declaration, the By-Laws or the rules and regulations. In no event, however, shall Developer or such designee be entitled to use any portion of the Common Areas in such a manner as will unreasonably interfere with the use of the same or of any Lot for its permitted purposes. The provisions of this Article XII Section 7 may not be.amended without the written consent of the Developer, or its successors or assigns. NFB DEVELOPMENT CORP. By: (Vice) President 21 STATE OF NEW YORK ) ss.: COUNTY OF ) On this day of , 19 , before me personally came , to me known, who being by me duly sworn, did depose and say that he resides at No. ;that he is the (Vice) President of NFB DEVELOPMENT CORP., the corporation described in, and which executed the foregoing instrument and that he signed his name hereto by order of the Board of Directors. NOTARY PUBLIC 22 EXHIBIT A TO THE DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS TO BE COMPLETED UPON FILING 23 yr ' PLANNING BOARD MEMBERS Richard G.Ward, Chairman 02 fi Town Hall,53095 Main Road George Ritchie Latham, Jr. P. O.Box 1179 Bennett Orlowski,Jr. Southold, New York 11971 Mark S. McDonald Fax(516)765-3136 Kenneth L. Edwards a1 V J Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 15, 1994 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Major Subdivision for Cove Beach Estates SCTM# 1000-22-3-15.1 & 18.3 Dear Mr. Cuddy: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 14, 1994: BE IT RESOLVED that the Planning Board set Monday, December 12, 1994 at. 7:30 p.m. for a final public hearing on the maps dated June 23, 1994. Please contact this office if you have any questions regarding the above. Sincerely, q"�zq 4// Richard G. Ward Tri Chairman O�gOFFOUr PLANNING BOARD MEMBERS Richard G.Ward, Chairman N Z Town Hall,53095 Main Road George Ritchie Latham,Jr. p • P. O. Box 1179 Bennett Mark S. McDonald r y��j .IL �,��` So uthold, New York 971 Fax(5 6)765 3136 Kenneth L. Edwards T Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 7, 1994 Charles R. Cuddy 180 Old Country Road (Rte. 58) P.O. Box 1547 Riverhead, New York 11901 RE: Proposed Major Subdivision Cove Beach Estates SCTM# 1000-22-3-15.1 E 18.3 Dear Mr. Cuddy: As we discussed at the last work session, there are a few outstanding items in regard to the above mentioned subdivision. 1 . The proposed map must be revised to reflect the change in ownership of the property. In addition, the new owner must submit authorization for you to proceed with the subdivision on his behalf. 2. The draft Homeowners Association must be submitted. 3. The final map does not indicate the wetland areas. All wetland areas and wetland buffers must be shown on the final map. On November 14, 1994, the Planning Board will be setting the final hearing for the December 12,1994 meeting. Items number 1 and 2 must be submitted prior to the hearing date. Please refer to my letter of April 1, 1994, for additional items that must be completed prior to any final approval of the subdivision. Please contact me if you have any questions regarding the above. Sincerely, Melissa Spiro Planner Pp M5 GUARLES R. CUDDY ATTORNEY AT I.AW 180 OLD GOUNTRY ROAD(RTE. 58) P.0.BOX 1547 RIVE:Rt->H-4D,NY 11901 A AGE TO TEL:(616)338-8200 MOTOR VEffi DEPARTMENT FAX!(616)368-8060 October 26, 1994 Ms. Melissa Spiro Southold Town Planning Board Main Road - Box 1179 Southold, NY 11971 Re: Proposed Major Subdivision - Cove Beach Estates SCTM 11000-22-3-15. 1 & 18.3 Dear Ms Spiro: Enclosed herewith, please find the following with regard to the above subdivision: 1. Print of Subdivision Map endorsed by the Suffolk County Department of Health Services. 2 . Copy of the Highway Work Permit issued by the New York State Department of Transportation. 3 . Separate letter together with the revised Declaration of Covenants. Please review this file so that the Planning Board will notice a final hearing for the Subdivision. If you present this matter at a Planning Board Work Session, I would appreciate being advised of the date and time of the Session so I may attend. Thank you for your assistance. Very truly yours, 04i-"r Ga Charles R. Cud Enclosure L5LIA OCT 2 7.tg CHARLES B. CUDDY ATTORNEY AT LAw 180 OLD GOUNTRY ROAD(RTE. 58) P. O. BOX 1547 RIVERHEAD,NY 11901 ADJACENT TO TEL:(618)388.6200 MOTOB VEHICLE DEPAHTDSEtiT FA]C:16181 3889080 October 24, 1994 Ms. Melissa Spiro Southold Town Planning Board Main Road - Box 1179 Southold, NY 11971 Re: Proposed Major Subdivision - Cove Beach Estates SCTM 11000-22-3-15. 1 & 18. 3 Dear Melissa: By letter dated July 8, 1994 in connection with the approved subdivision, you advised that the Declaration of Covenants and Restrictions be amended to reflect the following: No lot shall be further subdivided in perpetuity. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. The above amendment is reflected on page 1 of the Declaration of Covenants and Restrictions, which is enclosed, and we ask you to confirm that this now meets with your approval. Very �trfulyy yours, 4264-- , Charles R. Cudd Enclosure 1 ou 2 7 DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration, made this day of , 1994, by RAOUL WITTEVEEN, residing at 368 Daniels Lane, Sagaponack, New York 11962, hereinafter referred to as the "DECLARANT, " WITNESSETH• WHEREAS, Declarant is the owner in fee simple of certain real property described in SCHEDULE A of this Declaration and shown on the filed subdivision map which DECLARANT desires to develop as a residential community known as "COVE BEACH ESTATES, " and WHEREAS, the Town of Southold has required that certain covenants and restrictions be placed upon the property, NOW, THEREFORE, DECLARANT, for ,�himself, his successors and assigns, declares that the real property described in SCHEDULE A is and shall be held, transferred, sold conveyed and occupied subject to the covenants and restrictions hereinafter set forth: 1 . No lot shall be further subdivided in perpetuity. No lot lines shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. Clearing and grading within each residential lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible and minimizing stormwater runoff and erosion. 3. No new sanitary disposal facilities or structures, with the exception of that stated in Paragraph 4 below, shall be constructed or otherwise located between the highwater mark and the one-hundred ( 100) foot setback from the top of the bluff as shown on the map. 4. Access to the beach down the face of the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all appliccRab�uleRR perMRR mits. 2 g IE " 3 OCT Z 19 4 sc P: i 5. Within 50 feet of the top edge of the bluff, there shall not be any grading, except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. 6. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 7. There shall be no clearing or grading within the areas designated as conservation easements and within the areas designated as open space areas, except as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Otherwise, these areas shall remain in a natural state, and maintenance of the natural vegetation therein shall be the only use or activity allowed. 8. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representa- tives to inspect any areas designated as open space, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 9. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives or any owner of the property shown within the Cove Beach Estates Subdivision, to enforce the conditions and restrictions of the covenants as they relate to the open space, common area or similar nomenclature and to take any legal action deemed necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant , his heirs, executors, legal representatives, distributees, successors, assigns and transferees. 2 These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant above-named has executed the foregoing Declaration the day and year first above-written. RAOUL WITTEVEEN STATE OF NEW YORK: as. : COUNTY OF SUFFOLK: On the day of 1994, before me personally came RAOUL WITTEVEEN to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. Y (Notary Public) 3 • SCHEDULE "A" (Perimeter Description) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon -erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northeasterly side of Main Road which point marks the intersection of land now or formerly of Frank R. and Ors Russel and land now or formerly of NFB Development Corp. RUMMUNG THENCE from said point or place of beginning, along land of Frank R. and Ors Russel, the following four (4) courses and distances: (1) North 23 Degrees 22 Minutes 16 Seconds West, 211.37 feet; (2) South 60 Degrees 31 Minutes 44 Seconds West, 27.55 feet; (3) North 25 Degrees 15 Minutes 16 Seconds West, 402.42 feet, (4) South 72 Degrees 32 Minutes 04 Seconds West, 52.24 feet to land now or formerly of Ronald J. and Barbara Edeen; RDNNING THENCE along said land of Edeen, the following two (2) courses and distances: (1) South 77 Degrees 58 Minutes 14 Seconds West 155.85 feet; (2) South 74 Degrees 31 Minutes 54 Seconds West 59.26 feet to land now or formerly of Frank E. Begora, Jr. and Iris R. Begora; RDNNING THENCE along land now or formerly of Frank E. Begora, Jr. . and Iris R. Begora, the following two (2) courses and distances: (1) South 78 Degrees 29 Minutes 54 Seconds West 295.42 feet; (2) South 27 Degrees 28 Minutes 06 Seconds East 11.58 feet to land now or formerly of Myron Brown; • 1 •. RUNNING THENCE along land of Myron Brown South 76 Degrees 28 Minutes 04 Seconds West 180.74 feet to land now or formerly of John and Luz Psaroudakis; RUNNING THENCE along land of John and Luz Psaroudakis and Cook North 24 Degrees 08 Minutes 36 Seconds West 932 .76 feet; THENCE still along land of Cook, the following six (6) .-- courses and distances: (1) South 65 Degrees 51 Minutes 24 Seconds West 137.75 feet; (2) North 24 Degrees 41 Minutes 56 Seconds West 529.80 feet; (3) North 23 Degrees 47 Minutes 16 Seconds West 269.74 feet; (4) North 65 Degrees 51 Minutes 34 Seconds East 141.21 feet; (5) North 24 Degrees 08 Minutes 36 Secdnds West 206.00 feet; (6) North 25 Degrees 26 Minutes '56' Seconds West 311.78 feet to land now or formerly of Otto Uhl, et al; RUNNING THENCE along land now or formerly of Otto Uhl,• et al, North 61 Degrees 16 Minutes 4 Seconds East, 156.76 feet to land now or formerly of Constance L. Terry; RUNNING TMWCE along land of Constance L. Terry the following ten (10) courses and distances: (1) South 25 Degrees 31 Minutes 36 Seconds East 836.45 feet; (2) North 65 Degrees 47 Minutes 54 Seconds East 288 feet; (3) North 24 Degrees 12 Minutes 06 Seconds West 176.10 feet; (4) North 24 Degrees 38 Minutes 46 Seconds West 113 .47 feet; (5) North 23 Degrees 32 Minutes 36-Seconds West 110.05 feet; (6) North 25 Degrees 39 Minutes 46 Seconds West 101.00 feet; (7) North 23 Degrees 04 Minutes 56 Seconds West 88 .65 feet; 2 (8) North 26 Degrees 21 Minutes 26 Seconds West 100.9 feet; (9) North 28 Degrees 48 Minutes 16 Seconds West 101.34 feet; (10) North 33 Degrees 26 Minutes 56 Seconds West 68.56 feet to land now or formerly of Otto Uhl, Jr. , et al; THENCE ALONG said land of Otto Uhl, Jr. , et al the following courses and distances: (1) North 15 Degrees 49 Minutes 14 Seconds East 280.20 feet; (2) Thence northwest along a curve bearing to the right having a radius of 350 feet a distance of 246.73 feet; (3) Thence North 24 Degrees 21 Minutes 26 .Seconds West, 400 feet; . (4) Thence North 45 Degrees 03 Minutes 26 Seconds West, 67.42 feet; (5) Thence North 02 Degrees 48 Minutes 04 Seconds'gast 527.67 feet to a tie line along the approximate mean highwater mark' of Long Island Sound; THENCE along Long Island Sound the following fifteen (15) courses and distances: (1) South 83 Degrees 14 Minutes 46 Seconds East 28.26 feet; (2) South 62 Degrees 51 Minutes 09 Seconds East 201.85 feet; (3) South 13 Degrees 33 Minutes 58 Seconds East 39.20 feet; (4) South 41 Degrees 24 Minutes 15 Seconds East 85.68 feet; (5) South 35 Degrees 17 Minutes 27 Seconds East 447.02 feet; (6) South 54 Degrees 42 Minutes 50 Seconds East 142.20 feet; (7) South 61 Degrees 51 Minutes 04 Seconds East 142.78 feet; (8) South 67 Degrees 52 Minutes 44 Seconds East 167.49 feet; (9) South 73 Degrees 20 Minutes 32 Seconds East 501.35 feet; 3 (10) South 70 Degrees 23 Minutes 39 Seconds East 215.43 feet; (11) South 73 Degrees 28 Minutes 00 Seconds East 227.73 feet; (12) South 71 Degrees 06 Minutes 21 Seconds East 210.19 feet; -- (13) South 82 Degrees 49 Minutes 39 Seconds East 69.50 feet; . (14) South 76 Degrees 56 Minutes 14 Seconds East 108.12 feet; (15) South 81 Degrees 51 Minutes 42 Seconds East 921.20 feet to land now or formerly of Robert W. Gillespie, Jr. and David Gillespie; RUNNING THENCE along said land of Robert W. Gillespie, Jr. and David Gillespie South 6 Degrees 24 Minutes 34 Seconds, West 198.78 feet to Dam Pond; A TEENCE ALONG Dam Pond, the following 31 courses' and distances: (1) South 89 Degrees 19 Minutes 53 Seconds West 73.94 feet; (2) North 75 Degrees 37 Minutes 52 Seconds West 48.78 feet; (3) North 87 Degrees 59 Minutes 45 Seconds West 58.54 feet; (4) . North 89 Degrees 33 Minutes 38 Seconds West 37.38 feet; (5) North 63 Degrees 46 Minutes 47 Seconds West 46.02 feet; (6) North 85 Degrees 42 Minutes 49 Seconds West 63.84 feet; (7) North 66 Degrees 04 Minutes 49 Seconds West 28.08 feet; (8) South 33 Degrees 57 Minutes 52 Seconds East 180.87 feet; (9) South 18 Degrees 42 Minutes 02 Seconds East 110.06 feet; (10) North 89 Degrees 10 Minutes 25 Seconds East 85.79 feet; (11) South 38 Degrees 23 Minutes 13 Seconds East 81.33 feet; 4 (12) South 24 Degrees 16 Minutes 05 Seconds East 73 .11 feet; (13) South 51 Degrees 10 Minutes 48 Seconds West 49.25 feet; (14) South 32 Degrees 39 Minutes 33 Seconds East 58.55 feet; (15) South 28 Degrees 04 Minutes 43 Seconds West 53.12 feet; (16) South 82 Degrees 54 Minutes 21 Seconds West 46.53 feet; (17) North 77 Degrees 57 -minutes 36 Seconds West 146.19 feet; (18) South 63 Degrees 05 Minutes 10 Seconds West 64.68 feet; (19) South 4 Degrees 56 Minutes 12 Seconds West 73.36 feet; (20) South 23 Degrees 18 Minutes 55 Seconds East 58.90 feet; (21) South 55 Degrees 48 Minutes 53 Seconds East 32.68 feet; (22) North 86 .Degrees 48 Minutes 55 Seconds East 82.98 feet; (23) South 75 Degrees 54 Minutes 56 Seconds East 68.05 feet; (24) North 55 Degrees 39 Minutes 06 Seconds East 61.71 feet; (25) North 14 Degrees 48 Minutes 34 Seconds East 92.74 feet; (26) North 53 Degrees 31 Minutes 16 Seconds East 24.33 feet; (27) South 7 Degrees 39 Minutes 07 Seconds East 31.57 feet; (28) South 11 Degrees 06 Minutes 27 Seconds West 49.53 feet; (29) South 19 Degrees 55 Minutes 03 Seconds East 106.82 feet; (30) South 56 Degrees 03 Minutes 02 Seconds West 48 .86 feet; - 5 (31) South 77 Degrees 01 Minutes 56 Seconds West 61.30 feet; (32) South 79 Degrees 24 Minutes 5o Seconds West 79.63 feet; (33) South 16 Degrees 48 Minutes 29 Seconds West 20.47 feet to land now or formerly of Joseph Frederick Gazza; THENCE along said land of Gazza, the following two (2) courses and distances: : (1) North 87 Degrees 08 Minutes 46 Seconds West 103.77 feet; (2) North 00 Degrees 35 Minutes 14 Seconds East 9 feet; THENCE still along land of Gazza and land now or formerly of Bernice Lettieri, North 89 Degrees 05 Minutes 36 Seconds West 450.01 feet; THENCE along said land of Lettieri and other land of Joseph Frederick Gazza South 89 Degrees 43 Minutes 34 Seconds West 520.88 feet; THENCE still along said land of Gazza South 25 Degrees 30 Minutes 6 Seconds East 608.15 feet to land now or formerly of Andrew Lettieri; THENCE along said land of Lettieri the following eight (8) courses and distances: (1) North 81 Degrees 12 Minutes 16 Seconds West 312.90 feet; (2) South 32 Degrees 12 Minutes 06 Seconds East 144.10 feet; (3) South 27 Degrees 10 Minutes 36 Seconds East 71.14 feet; (4) South 27 Degrees 49 Minutes 46 Seconds East 111.96 feet; (5) South 25 Degrees 15 Minutes 36 Seconds East 598.78 feet; (6) South 26 Degrees 45 Minutes 36 Seconds East 387.32 feet; (7) North 63 Degrees 01 Minutes 44 Seconds East 23.10 feet; (8) South 25 Degrees 30 Minutes 16 Seconds East 242 .90 feet to the Northwest side of Main Road; RUNNING THENCE along the Northwes 83 t side of Main Road South Degrees 03 Minutes 14 Seconds West 86.62 feet to the point or place of BEGINNING. BEING AND INTENDED Tp BE the map of Cove Beach Estates at East Marion, New York. #89-descove 7 PERM 42p(0193) STATI#NEW YORK DEPARTMENT OF TRANSPO*ON O9 n A o Q HIGHWAY WORK PERMIT i G J J Permit Fee: $ 900.00 Permit No.: .. '.l !i.d"tr;•,., q Insurance Fee: $ 0.00 Project Identification No.: Total Received: $ 900.00 Expiration Date: .:8380 1645 SH No Check or M.O.No.: a: 0,00 PERM..17, on file / / Deposit Roe.for$ - Check or M.O.No.: Dated:., Estimated Coat of Work Performed In the State Right-ol-Way$0.00,,..,, , Permittee: g 60377462 12AUUl, WTTTGVEEN Cher eaWetoBondNo.: 360 DANIrLS LAME: or Undertaking on File: ($ 5000.0U) SA6APONACK, NY 11962 aft = til� II Retur Of geposlt ade.FFa able to 497 II d+11erN l flc,n Parmm") Billing Address:(comphdlaareM te a "m above) P 7 C h�"I Under the provisions of the Highway Law or Vehicle&Traffic Law,permission Is.hereby granted to the permthee to: t0 OPEN H/S OF 'SIATE ROUTE 25, EAST OF STARS R11., EAST MARION, FOR THE PURPOSE OF CONSTRUCTING A SUBDIVISION ROAD;AI I WORK NYS WE45 OR ASOBE MAINTENANCE. & PROIECTIoii OF TRAFfIC SHALL BE RESPON5181111'Y OF PERMITTEE AT ALI 1IME5 UNTI ACCEPTANCE 8 COMPLETIO f OF ALL PORK BY �YS DOT, ETC. THE PERMITTEE IS bESPONSIBLE FOR -(HE MAINTENANCE AND PROTECTION OF TRAFFIC, ANYONE WORKING IN THE STAT HIGHWAY RIGHT•OF,WAY IS REQUIRED To WEAR HIGH VISIBILITY APPAREL(ORANGEALLO"AND HARD HAT. County SUFFOLK Municipality-SOUTHOLD Route N 2.5,, - :. . as set forth and represented in the attached application at the particular location or area,o over the routes as t d therein, N required; an• pursuant to the conditions and regulations general or special, and methods of perfor g k, any;' of ich are set forth in th- application and form of this.permit, HAUPPAUGE, N.Y. Dated a4 10/12!94 ;p Com Issfoner of portallori Date Signed: I gy;VIT'0 . ;,LENR IMPORTANT — - THIS PERMIT,WITH APPLICATION AND DRAWING(OR COPIES THEREOF)ATTACHED SHALL BE PLACED IN THE HANDS OF THE CONTRACTO BEFORE ANY WORK BEGINS.THE HIGHWAY WORK PERMIT SHALL BE AVAILABLE AT THE SITE DURING CONSTRUCTION. BEFORE WORK IS STARTED AND UPON ITS COMPLETION,THE PERMITTEE ABSOLUTELY MUST NOTIFY THE RESIDENT ENGINEER, ,JOHN YOUNGMAN 1900 COUNTY V *5S .` • (516)727-1731 RIVERHEAD, NEW -YORK- 11901 UPON COMPLETION OF WORK AUTHORIZED,THE FOLLOWING WILL Be COMPLETED, STONED BY THE PERMITTEE AND DELIVERED TO Ti- Work authorized by this permit has been completed.Refund of deposit or returnlrelease of bond Is requested. DAT .. . AIWIM - AUTHORIZED E (if XY) .. Work authorized by this permit has been satisfactorily completed and Is dcoepted.ROveise'slde of this form must be completed. ❑ Refund of D"It to authorized - ❑ Return of Bond 6 authorized ❑ Amount charged against Bond may be released ❑ Retain Bond for future permits ❑ Other :nl .,':•'.n ., r,Q..., ,t !` 1161 .4I11 '1 A'11 RESIkNT ENGINEER The Regional Office will forward this form to the Main Office with the appropriate box checked. ti � rl (yn s-.•. i (] Permit closed ❑ Bond returned/released ❑ Refund of Guarantee Deposit on this permit Is authorized' OCT 2 7 1994 ❑ Other ...... ..........,............... ..,....._.,,_..-....m._,. .'!.!Ill' . . . . . .....:.t SOUTHfA O TGWN REGTRAFFI PLAPIPIING RU The issuing authority reserves the right to suspend or revoke this permit, at Its discretion without a hearing or the necessity of showing ct either before or during the operations authorized. l.n and rmmnln aeanh.A harem mw all wnrlr tlndnr the narmll Is sellers, LAW OFFICES P� WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM ---- 516-298-5300 516-298-8353 TELEFAX NO.516-298-2012 LYNNE M.GORDON JOSEPH CSAVINO TELEFAX NO. 516-298-8565 . VINO HUBERT F.SULLIVAN JANET GEASA JEFFREY STARR July 12, 1994 Planning Board Town of Southold Town Hall - Main Road r Southold, New York 11971 Re: Proposed Map of Cove Beach Estates Suffolk County Tax Map #1000-22-3-18.4 Main Road. East Marion New York Gentlemen: We are writing to you on behalf of North Fork Bank and NFB Development Corp. , the mortgagee and former owner of the Cove Beach property at East Marion, New York. This is to formally advise you that NFB Development Corp. has sold the property to Raoul J. Witteveen. Therefore, all future subdivision matters should be discussed directly with Mr. Witteveen or his attorney, as North Fork Bank and NFB Development Corp. are no longer proper parties to the subdivision application. North Fork Bank holds a mortgage on the property, and therefore continues to hold an interest in the subdivision proceedings, as a secured creditor. However, we will be following the application process by contact through Mr. Cuddy' s office. On behalf of North Fork Bank, we would like to thank the Board and its staff for the consideration and assistance it has provided on this file. Very t ly yours, AAW/jas #ga A. Wickham cc: Charles Cuddy, Esq. l5 Michelle Pelletier, L5 Sr. Vice President, North Fork Bank7JEG j\letters\plan-bd J ""n PLANNING BOARD MEMBERS y � L A Richard G.Ward, Chairman m . �i Town Hall,53095 Main Road 4 a;' � � George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. '� .� ' Southold, New York 11971 Mark S. McDonald '�( y3 -:-,a,ay Fax (516)765-3136 Kenneth L. Edwards Telephone(516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 8, 1994 Lynne M. Gordon Wickham, Wickham & Bressler Main Road, P.O. Box 1424 Mattituck, New York 11952 RE: Proposed Major Subdivision Cove Beach Estates SCTM# 1000-22-3-15. 1 & 18. 3 Dear Ms. Gordon: The Draft Declaration of Covenants and Restrictions received by the Planning Board on June 10, 1994, has been reviewed by both the Planning Board and the Town Attorney. The following change must be made to the document before it is recorded in the Suffolk County Clerk' s office: 1. Number 1 of the Document must be revised to read as follows: No lot shall be further subdivision in perpetuity. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. A copy of the recorded document must be submitted prior to any endorsement of the final subdivision. The final maps must contain the Liber and Page number of the recorded document in addition to a notation that a Declaration of Covenants and Restrictions has been recorded. Please contact me if you have any questions regarding the above. Sincerely, Melissa Spiro Planner cc: Charles Cuddy LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM 516-298-5300 516-298-8353 TELEFAX NO.516-298-2012 LYNNE M.GORDON TELEFAX NO. 516-296-8565 JOSEPH C.SAVINO HOBERT F.SULLIVAN JANET GEASA JEFFREY STARR ? May 26, 1994 �r, WI JUN Laury Dowd, Esq. iI Southold Town Attorneyp Planning Board Office TOWN,t,T'C- UFIDE TG^r;J i L , ivr Town Hall - �... 53095 Main Road Southold, New York 11971 Re : NFB Development Corp. - Cove Beach Estates Dear Ms. Dowd: We are enclosing herewith proposed Declarations of Covenants and Restrictions for your review in connection with the Map of Cove Beach Estates. We will appreciate your comments to same at your earliest convenience. Thanking you in advance for your prompt attention to this matter. Very truly yours, Ly ne M. G r on LMG:ab #89-leplan b Iwigy Servs C+RS Ao 7 A. Zr teo ew JUN I 0 1994 SOUTHOLD TOWN� I PLANNIAlG BOAR�� DECLARATION OF COVENANTS AND RESTRICTIONS Declaration made as of this day of 1994, by NFB DEVELOPMENT CORP. , with offices at 9025 Main Road, Mattituck, New York, hereinafter referred to as "DECLARANT" . W I T N E S S E T H WHEREAS, DECLARANT is the owner of the of the real property described in SCHEDULE A of this Declaration and shown on the filed subdivision map which declarant desires to develop as a residential community known as COVE BEACH ESTATES . WHEREAS, the Town of Southold has required that certain covenants and restrictions be placed upon the property. NOW THEREFORE, DECLARANT, for itself, its successors and assigns, declares that the real property described in Schedule A is and shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions hereinafter set forth. 1 . No lot shall be further subdivided in perpetuity and no lot lines shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2 . Clearing and grading within each residential lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible and minimizing stormwater runoff and erosion. 3 . No new sanitary disposal facilities or structures, with the exception of that stated in Paragraph 4 below, shall be constructed or otherwise located between the high water mark and the one-hundred (100) foot setback from the top of the bluff as shown on the map. 4 . Access to the beach down the face of the bluff shall be only by means of a suitable structure . The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits . 5 . Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species . Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. 6 . No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff . 7 . There shall be no clearing or grading within the areas designated as conservation easements and within the areas designated as open space areas, except as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Otherwise these areas shall remain in a natural state and maintenance of the natural vegetation thereon shall be the only use or activity allowed. 8 . Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not be violated. 9 . Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives or any owner of the property shown within the Cove Beach Estates Subdivision, to enforce the conditions and restrictions of the covenants as they relate to the open space, common area or similar nomenclature and to take any legal action deemed necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. NFB DEVELOPMENT CORP. By Michelle Pelletier President ATTEST: STATE OF NEW YORK ) ) ss . COUNTY OF SUFFOLK ) On this day of 1994, before me personally came MICHELLE PELLETIER, to me known, who being by me duly sworn, did depose and say that she has address at No. 160 South Ocean Avenue, Patchogue, NY; that she is the President of NFB Development Corp. , the corporation described in, and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal ; that it was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order. Notary Public i4/rvvebcb SCHEDULE "V' • (Perimeter Description) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northeasterly side of Main Road which point marks the intersection of land now or formerly of Frank R. and Ors Russel and land now or formerly of NFB Development Corp. RUNNING THENCE from said point or place of beginning, along land of Frank R. and Ors Russel, the following four (4) courses and distances: (1) North 23 Degrees 22 Minutes 16 Seconds West, 211.37 feet; (2) South 60 Degrees 31 Minutes 44 Seconds West, 27.55 feet; (3) North 25 Degrees 15 Minutes 16 Seconds West, 402.42 feet; (4) South 72 Degrees 32 Minutes 04 Seconds West, 52.24 feet to land now or formerly of Ronald J. and Barbara Edeen; RUNNING THENCE along said land of Edeen, the following two (2) courses and distances: (1) South 77 Degrees 58 Minutes 14 Seconds West 155.85 feet; (2) South 74 Degrees 31 Minutes 54 Seconds West 59.26 feet to land now or formerly of Frank E.. Begora, Jr. and Iris R. Begora; RUNNING THENCE along land now or formerly of Frank E. Begora, Jr. and Iris R. Begora, the following two (2) courses and distances: (1) South 78 Degrees 29 Minutes 54 Seconds West 295.42 feet; (2) South 27 Degrees 28 Minutes 06 Seconds East 11.58 feet to land now or formerly of Myron Brown; 1 f,. RUNNING THENCE along land of Myron Brown South 76 Degrees 28 Minutes 04 Seconds West 180.74 feet to land now or formerly of John and Luz Psaroudakis; RUNNING THENCE along land of John and Luz Psaroudakis and Cook North 24 Degrees 08 Minutes 36 Seconds West 932 . 76 feet; THENCE still along land of Cook, the following six (6) courses and distances: (1) South 65 Degrees 51 Minutes 24 Seconds West 137.75 feet; (2) North 24 Degrees 41 Minutes 56 Seconds West 529.80 feet; (3) North 23 Degrees 47 Minutes 16 Seconds West 269.74 feet; (4) North 65 Degrees 51 Minutes 34 Seconds East 141.21 feet; (5) North 24 Degrees 08 Minutes 36 Seconds West 206.00 feet; (6) North 25 Degrees 26 Minutes 56 Seconds West 311.78 feet to land now or formerly of Otto Uhl, et al; RUNNING THENCE along land now or formerly of Otto Uhl, et al, North 61 Degrees 16 Minutes 4 Seconds East, 156.76 feet to land now or formerly of Constance L. Terry; - RUNNING THENCE along land of Constance L. Terry the following ten (10) courses and distances: (1) South 25 Degrees 31 Minutes 36 Seconds East 836.45 feet; (2) North 65 Degrees 47 Minutes 54 Seconds East 288 feet; (3) North 24 Degrees 12 Minutes 06 Seconds West 176.10 feet; (4) North 24 Degrees 38 Minutes 46 Seconds West 113 .47 feet; (5) North 23 Degrees 32 Minutes 36 Seconds West 110 .05 feet; (6) North 25 Degrees 39 Minutes 46 Seconds West 101 . 00 feet; (7) North 23 Degrees 04 Minutes 56 Seconds West 88 .65 feet; 2 (8) North 26 Degrees 21 Minutes 26 Seconds West 100 . 9 feet; (9) North 28 Degrees 48 Minutes 16 Seconds West 101=.34 feet; (10) North 33 Degrees 26 Minutes 56 Seconds West 68 .56 feet to land now or formerly of Otto Uhl, Jr. , et al; THENCE ALONG said land of Otto Uhl, Jr. , et al the following courses and distances: (1) North 15 Degrees 49 Minutes 14 Seconds East 280.20 feet; (2) Thence northwest along a curve bearing to the right having a radius of 350 feet a distance of 246.73 feet; (3) Thence North 24 Degrees 21 Minutes 26 Seconds West, 400 feet; (4) Thence North 45 Degrees 03 Minutes 26 Seconds West, 67.42 feet; (5) Thence North 02 Degrees 48 Minutes 04 Seconds East 527.67 feet to a tie line along the approximate mean highwater mark of Long Island Sound; THENCE along Long Island Sound the following fifteen (15) courses and distances: (1) South 83 Degrees 14 Minutes 46 Seconds East 28.26 feet; (2) South 62 Degrees 51 Minutes 09 Seconds East 201.85 feet; (3) South 13 Degrees 33 Minutes 58 Seconds East 39.20 feet; (4) South 41 Degrees 24 Minutes 15 Seconds East 85.68 feet; (5) South 35 Degrees 17 Minutes 27 Seconds East 447. 02 feet; (6) South 54 Degrees 42 Minutes 50 Seconds East 142 . 20 feet; (7) South 61 Degrees 51 Minutes 04 Seconds East 142.78 feet; (8) South 67 Degrees 52 Minutes 44 Seconds East 167.49 feet; (9) South 73 Degrees 20 Minutes 32 Seconds East 501.35 feet; 3 (10) South 70 Degrees 23 Minutes 39 Seconds East 215.43 feet; (11) South 73 Degrees 28 Minutes 00 Seconds East 227. 73 feet; (12) South 71 Degrees 06 Minutes 21 Seconds East 210.19 feet; (13) South 82 Degrees 49 Minutes 39 Seconds East 69.50 feet; (14) South 76 Degrees 56 Minutes 14 Seconds East 108.12 feet; (15) South 81 Degrees 51 Minutes 42 Seconds East 321.20 feet to land now or formerly of Robert W. Gillespie, Jr. and David Gillespie; RUNNING THENCE along said land of Robert W. Gillespie, Jr. and David Gillespie South 6 Degrees 24 Minutes 34 Seconds West 198.78 feet to Dam Pond; THENCE ALONG Dam Pond, the following 31 courses' angi distances: (1) South 89 Degrees 19 Minutes 53 Seconds West 73.94 feet; (2) North 75 Degrees 37 Minutes 52 Seconds West 48.78 feet; (3) North 87 Degrees 59 Minutes 45 Seconds West 58.54 feet; (4) North 89 Degrees 33 Minutes 38 Seconds West 37.38 feet; (5) North 63 Degrees 46 Minutes 47 Seconds West 46.02 feet; (6) North 85 Degrees 42 Minutes 49 Seconds West 63 .84 feet; (7) North 66 Degrees 04 Minutes 49 Seconds West 28.08 feet; (8) South 33 Degrees 57 Minutes 52 Seconds East 180.87 feet; (9) South 18 Degrees 42 Minutes 02 Seconds East 110. 06 feet; (10) North 89 Degrees 10 Minutes 25 Seconds East 85. 79 feet; (11) South 38 Degrees 23 Minutes 13 Seconds East 81.33 feet; 4 (12) South 24 Degrees 16 Minutes 05 Seconds East 73 . 11 feet; (13) South 51 Degrees 10 Minutes 48 Seconds West 49. 25 feet; (14) South 32 Degrees 39 Minutes 33 Seconds East 58.55 feet; (15) South 28 Degrees 04 Minutes 43 Seconds West 53 .12 feet; (16) South 82 Degrees 54 Minutes 21 Seconds West 46.53 feet; (17) North 77 Degrees 57 Minutes 36 Seconds West 146.19 feet; (18) South 63 Degrees 05 Minutes 10 Seconds West 64.68 feet; (19) South 4 Degrees 56 Minutes 12 Seconds West 73 .36 feet; (20) South 23 Degrees 18 Minutes 55 Seconds East 58.90 feet; (21) South 55 Degrees 48 Minutes 53 Seconds East 32.68 feet; (22) North 86 .Degrees 48 Minutes 55 Seconds East 82.98 feet; (23) South 75 Degrees 54 Minutes 56 Seconds East 68.05 feet; (24) North 55 Degrees 39 Minutes 06 Seconds East 61.71 feet; (25) North 14 Degrees 48 Minutes 34 Seconds East 92.74 feet; (26) North 53 Degrees 31 Minutes 16 Seconds East 24.33 feet; (27) South 7 Degrees 39 Minutes 07 Seconds East 31.57 feet; (28) South 11 Degrees 06 Minutes 27 Seconds West 49.53 feet; (29) South 19 Degrees 55 Minutes 03 Seconds East 106. 82 feet; (30) South 56 Degrees 03 Minutes 02 Seconds West 48.86 feet; - 5 i (31) South 77 Degrees OS Minutes 56 Seconds West 61.30 feet; (32) South 79 Degrees 24 Minutes 50 Seconds West 79.63 feet; (33) South 16 Degrees 48 Minutes 29 Seconds West 20.47 feet to land now or formerly of Joseph Frederick Gazza; THENCE along said land of Gazza, the following two (2) courses and distances: : (1) North 87 Degrees 08 Minutes 46 Seconds West 103 .77 feet; (2) North 00 Degrees 35 Minutes 14 Seconds East 9 feet; THENCE still along land of Gazza and land now or formerly of Bernice Lettieri, North 89 Degrees OS Minutes 36 Seconds West 450.01 feet; THENCE along said land of Lettieri and other land of Joseph Frederick Gazza South 89 Degrees 43 Minutes 34 Seconds West 520.88 feet; THENCE still along said land of Gazza South 25 Degrees 30 Minutes 6 Seconds East 608.15 feet to land now or formerly of Andrew Lettieri; THENCE along said land of Lettieri the following eight (8) courses and distances: (1) North 81 Degrees 12 Minutes 16 Seconds West 312.90 feet; (2) South 32 Degrees 12 Minutes 06 Seconds East 144.10 feet; (3) South 27 Degrees 10 Minutes 36 Seconds East 71.14 feet; (4) South 27 Degrees 49 Minutes 46 Seconds East 111.96 feet; (5) South 25 Degrees 15 Minutes 36 Seconds East 598.78 feet; _ (6) South 26 Degrees 45 Minutes 36 Seconds East 387.32 feet; (7) North 63 Degrees 01 Minutes 44 Seconds East 23 .10 feet; (8) South 25 Degrees 30 Minutes 16 Seconds East 242 . 90 feet to the Northwest side of Main Road; 6 .. RUNNING THENCE along the Northwest side of Main Road South 83 Degrees 03 Minutes 14 Seconds West 86.62 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the map of Cove Beach Estates at East Marion, New York. #89-descove 7 PROFESSIONAL ENGINEER HOBART ROAD SOUTHOLD, NEW YORK 11971 516-765-2954 February 17, 1994 Richard Ward, Chairman Southold Planning Board Main Road Southold,NY 11971 RE: Cove Beach Estates- SCTM# 1000-22-3-15.1 & 18.3 Dear Chairman Ward, I am consultant for the North Fork Bank Corporation. The bank has taken over ownership of the above referenced property. It is the bank's intention to complete the existing submissions for the subdivision approval as the applicant. I will be the banks agent for completion of all submissions required for the subdivision approval. On July 12, 1993 the Board gave a conditional final approval for a lot line change required for this subdivision application. The conditional approval required that the deeds be recorded. The deeds for the lot line change, have not as yet been filed in the County Clerk's office as required. We request,therefore an extension of the conditional final approval for the lot line change so we may have the time to file the deeds now that we are owners of the property. I will be contacting the Board within the next few days to set up an informal meeting to review and update the submissions required for this subdivision and to set a public hearing on this matter. truly yours, Jo h Fischetti,P.E. cc: Lynne M. Gordon-W W&B Michelle Pelletier-NFB WIR 15 --- LAY 01994 May 4 , 19 94SO"HOLO TOWN PLANNING BOARD Joseph Fischetti, Jr. Hobart Road Southold, New York 11971 Dear Mr. Fischetti : Cove Beach Estates Route 25 , East Marion Our Case No. 94-55 This is in regard to the site plans for the referenced project which were submitted to this office for review. The Department' s review of this project is being coordinated by Mr. Gary Hills of my staff . Prior to issuing a New York State Highway Work Permit, the following items must be addressed: 1 . Show NYS standard intersection detail on plan (see attached sketch) . 2 . Install R1-1C stop sign at intersection. Kindly submit four sets of the revised plans, permit fee and surety bond (sample enclosed) . It is also mandatory that protective liability insurance be provided by the permittee . This must be accomplished by submitting a completed Perm 17, Certificate of Insurance, in accordance with Option A (form enclosed) , or by submitting the fee specified below to be covered under the NYSDOT Blanket Policy. All checks issued to the State of New York must show a Federal Identification Number. All correspondence must refer to our case number. Permit Fee (Payable to "State of New York" ) : $900 . 00 Bond Amount : $5 , 000 Insurance Fee : Not applicable for this project, Perm. 17 must be filed. 1f Joseph Fischetti, Jr. May 4 , 1994 Page 2 Questions concerning the permit fee, bond and insurance information must be directed to Mr. Vito Lena, our Regional Permit Engineer, at 952-6025 . Very truly yours, JAMES O. FREIN Regional Traffic Engineer CC : Ms . Valerie Scopaz, Town of SoutholdC� JOF :GH:JS Attachment P/3 NFB,& DEVELOPMENTS CORP. A Subsidiary of North Fork Bank April 6, 1994 Planning Board Office Town of Southold P.O. Box 1179 Southold NY 11971 Re: Proposed Major Subdivision Cove Beach Estates - 98. 38 Acres SCTM #1000-22-3-15. 1 & 18. 3 Dear Members: NFB Development Corp. is a wholly owned subsidiary of North Fork Bank. NFB Development Corp. is now in title to the property referenced above. Be it known that NFB Development Corp. has commissioned as its agent, Joseph Fischetti, P.E. , to proceed with the subdivision on our behalf. Mr. Fischetti is hereby authorized to continue any work required to complete this subdivision map. If you should have any questions, please do not hesitate to call. Thank you. Sincerely, Michelle Pelletier President MP:jd cc: Joseph Fischetti E 8 1994NTOWN G N 1) 9025 Route 25•Mattituck,NY 11952 • (516) 298-5000•FAX (516) 298-5202 PLANNING BOARD MEMBERS Richard G.Ward, Chairman F ! Town Hall, 53095 Main Road George Ritchie Latham,Jr. „ 'a t P. O. Box 1179 Bennett Orlowski,Jr. 4 .' a Southold, New York 11971 Mark S. McDonald ! >y? Fax(516)765-3136 Kenneth L. Edwards Fax (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 1, 1994 Joseph Fischetti, Jr. Hobart Road Southold, New York 11971 RE: Proposed Major Subdivision Cove Beach Estates SCTM# 1000-22-3-15.1 & 18. 3 Dear Mr. Fischetti: At the Planning Board' s March 21, 1994, work session, you advised the Board that the North Fork Bank Corporation was the current owner of the above mentioned property, and that you were acting on behalf of the North Fokk Bank to complete the proposed subdivision for Cove Beach Estates. I have reviewed the application and have listed the outstanding items below: 1. You must update the application materials and the proposed maps to reflect the change in ownership of the property. In addition, the North Fork Bank must submit authorization for you to proceed with the subdivision on its behalf. 2. The lot line application must be finalized. 3 . Final maps ( five ( 5) paper copies and two ( 2) mylars) must be submitted. All maps must contain: a. , A valid stamp of approval from the Suffolk County Department of Health Services; b. The liber and page number of the recorded Declaration of Covenants and Restrictions; C. The location for each of the four firewells. Please contact the Fire Department if you have any questions regarding the locations for the wells. 4. The Planning Board adopted a bond estimate on December 3, 1990 in the amount of $815, 525.00 . As more than three years have passed since the adoption of the bond estimate, I have asked the Engineering Inspector to review the amount and to advise me if any changes are necessary. Once the amount is determined, the performance guarantee and the six ( 6) percent inspection fee must be submitted prior to any endorsement of the subdivision. 5. The draft Homeowners Association must be revised to include all areas held in common ownership. The draft must be submitted for review by the Planning Board and the Town Attorney. The Homeowners Association must be incorporated, and a copy of the recorded document must be submitted prior to any endorsement of the final subdivision. 6. The curb cut permit for the construction of the access road must be submitted. 7. A Draft Declaration of Covenants and Restriction including the terms listed below must be submitted. The draft will be reviewed by the Planning Board and the Town Attorney and, upon acceptance, it must be filed in the office of the County Clerk prior to any endorsement of the subdivision map. a. No lot shall be further subdivided in perpetuity. b. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. C. Clearing and. grading within each residential lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. d. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. e. There shall be no clearing or grading within the areas designated as conservation easements and within the areas designated as open space areas. These areas shall remain in a natural state and maintenance of the natural vegetation thereon shall be the only use or activity allowed. f. No new sanitary disposal facilities or structures, with the exception of that stated in Letter G below, shall be constructed or otherwise located between the high water mark and the one-hundred ( 100) foot setback from the top of the bluff as shown on the map. g. Access to the beach down the face of the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits. h. No stormwater runoff resulting from the development and improvements of the subdivision or any of its lots shall be discharged down the face of the bluff. i. The following paragraphs shall be included in the document: The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives or any owner of the property shown within the Cove Beach Estates Subdivision, to enforce the conditions and restrictions of the covenants as they relate to the open space, common area or similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. j . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. Upon submission of the above mentioned information, the final hearing will be scheduled for the proposed subdivision. Please contact me if you have any questions regarding the above. Sincerely, UtOOW Melissa Spir' o Planner ANNING BOARD MEMBERS Richard G.Ward, Chairman + \ Town Hall,53095 Main George Ritchie Latham,Jr. n '� - K P. O. Box 1179 Bennett Orlowski,Jr. ,i =,.' ;YY Southold, New York 11 Mark S. McDonald 1 Fax (516)7653136 Kenneth L. Edwards Telephone(516) 765-1- PLANNING BOARD OFFICE TOWN OF SOUTHOLD f}pnl I , 14Wy James Richter, Road Inspector Highway Department Peconic Lane �I I Peconic, New York 11958 �ScusSec� wl�meS����GV�e� Dear Mr. Richter: �� esw%- 1\qS Jho,1Q�'AY\ e(N• Le�-f messq9e atoa�e �r�. zS The Southold Town Planning Board hereby refers the following application for your review. Application Name: Cove fid, f_\ F�A'Aes Tax Map No. : 1000 zx•3 .1,•� o- Iy.3 Street Location: !� ;r R� . 1776 Pss� r.F l .s Gd Hamlet Location: Or„n-t Type of Application: Sketch Subdivision Ma (Dated Preliminary Subdivision Map (Dated / / ) Final Subdivision Ma (Dated l/ Road Profiles (Dated q / r3 /90 ) Grading and Drainage Plans (Dated / / ) x Other 3>�d Fst, ,,,.tP (Dated i o Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Drainage Plans (Dated Other Comments O' P ' �IC1N (� � 2C\ 0,1 IZI7If7f SP 1 nvy I�AV'C.P,Crn� f7YP P1PfOuc'.f / . Contact Person: ;0e�,SS „2a August 28, 1990 Revised October 25 1990 CONSTRUCTION Cosi AQTT nT . - cove Baach Estates at East Marion, T/0 Southold Suffolk county, New York tsm_Descri t o ni Unit Price Total wring & Grubbing 7.8 Acre $2, 000. 00 $ 15, 600. 00 ay. , Backtill & Z. So Go S400.00ding - Roads 24200 C.Y. -2@99 14O0. 0v ay. , Backfill & ding - Drainage Areas 10000 C.Y. 2. 00 20,000. 00 e Grading 15300 S. Y. 1.30 22,950.00 Asphalt Pavement 3600 Tons 60. 00 216, 000. 00 Stone Blend or c. Bland 1;00 C.X. 40. 00 68, 000. 00 =rate Curb 11520 L.F. 10.00 115,200. 00 Dia. CMP 3400 L. F. 20. 00 6.8, 000. 00 Dia. C24P 1083 L.F. 25. 00 27, 075. 00 Dia. Leaching Pool 3 Each 2, 000.00 6,000. 00 =h Basins 19 Each 1,500. 00 28,500. 00 ,oleo 10 Each 1,500. 00 15, 000. 00 !away Aprons 283 S.X. 25. 00 71075. 00 =oil & Seed 22200 S.Y. 2 .50 55,500. 00 Monuments 15 Each 100. 00 1,500. 00 Fire Wells a 4 C /0,000.00 40,000. 00 mderground Utilities Not Included g�T LI6H1-s 3 CA. l�cvo.00 3�q�o.00 cr sueWpL c46tE 3350 c•F l• So Sozs.00 r rrt�Es Z03 Ea. Zo o.00 ¢p�(oo.00 sub 7'074L 81 S, SZS.o0 68 inspection fee 48 , 931 . 50 Total g 864, 456. 50 State Environmental Quality Review FINDINGS STATEMENT sfnt to nvitontalanli Review Act - SEQR) othe EronmntalCservationLa d 6 NYCRR Part 617 the Planning Board of the Town of Southold as lead agency, makes the following findings. Name QfAction: Cove Beach Estates Dkx-n�2tion Qf Action: The action involves the proposed subdivision of a 96.3847 acre parcel of land zoned Residential "A"and General Industrial "C-1", into 34 single family lots. There are also provisions for the construction of roads and drainage systems as well as the preservation of a portion of the site in open space and passive park. Location: Dam PThe ond,action nthhamlet of the Mar ohn,Tde of Main own of Southold NYS d,Suffolk County, Newt of York. The parcel fronts on Long Island Sound. It can be further defined as Suffolk County Tax Map Numbers 1000-22-3-15.1 & 18.3. Agena& 'cdi tiona)• as the preparer of these findings,has jurisdiction sdict ooard of n o er the awn ofpplication' for the subdivision of the parcel. Date Final EIS File July 10, 1989 Page 1 of 6 Cove Beach Estates Statement of Findings Facts and Conclv_sions k the El Relied Upon to Support thg Decision: During the coordinated review of the Draft EIS numerous substantive comments were received from other involved agencies, civic groups and individuals. In addition, after the Final EIS was filed and circulated for public consideration two letters were received regarding the Final EIS, from the Suffolk County Department of Health Services and the North Fork Environmental Council, both dated July 20, 1989. The above referenced substantive comments, the relevant issues contained within the two letters and the facts and conclusions contained within the EIS, are used in consideration of the preparation of these findings, and summarized as follows: Surface Water/Wetlands: The site contains both tidal and freshwater wetlands. The tidal wetlands were flagged by the NYSDEC in 1984 and this line has been placed on the proposed plot layout. This line corresponds to conditions in the field. Freshwater wetlands are contained within three areas of the parcel. One of these areas the largest, is proposed to be preserved in partof the open space land provided for in the subdivision. The other two areas, immediately east and west of the existing paved roadway, should be protected/preserved utilizing techniques such as; inclusion into the oppen sppace network, change in lot lines to provide sufficient setbacks, and/or tCirous the use of restrictive covenants. No activity will be permitted within 100 ffeet of any natural freshwater wetlands. This condition will be imposed at the time of subdivision through the filing of necessary assurances and/or covenants. In the case of the small man-made depression west of the existing road, some disturbance in this area may be necessary in order construct the main access road and maintain the necessary setback from natural wetlands. If impacts to a portion of this area are necessary, mitigation in the form of the creation of suitable wetland habitat will be required. The wetlands to be created shall be at least four (4) times the area of the wetlands that will be disturbed. Suitable area for wetland creation exists in the vicinity of the drainage area, and the open space area, west of the man-made depression. Plans must be provided by the applicant and prepared by a licensed engineer or landscape architect; to address the area of wetland creation, grading,water source(s) plantings, etc. These plans, as well as appropriate assurances for the wetland creation must be submitted to and approve by the Town prior to the issuance of final approvals on the subdNision. Such a condition will mitigate the loss of the environmental benefits of the existing man-made wetland, west of the proposed access road. The site contains significant tidal and freshwater wetlands. These areas and the areas adjacent to the wetlands are among the most sensitive and environmentally valuable habitats the site. The Final EIS explored the sensitivity of these areas and the potential impacts associated with site development. In addition, comments on the Final EIS expressed significant concerned over the adequate protection of these areas. The project which was the subject of the Draft EIS,was found to encroach upon sensitive wetlands on the site, through violation of minimum setback requirements as required under New York State wetlands regulations. As a result, the Final EIS ations and provide dd tdesign l sealternative fr m which tlands.tItois herein det rrwith nined that Page 2 of 6 Cove Beach Estates Statement of Findings additional measures are needed to minimize environmental impacts to the maximum extent practicable. The EIS contains mitigation such as the use of restrictive covenants to limit clearing and locate structures, as well as the relocation of lot lines and reduction of the size of larger lots, thereby providing for greater land area to be included within the open space and wetland setback areas. In addition the relocation of some of the lots, to other portion of the site is also an appropriate measure to create additional open space and protect wetland areas. he tmportance of these measures will be further discussed herein as related to individual impact areas. Groundwater.• It has been demonstrated, through on site sampling and analysis, that the groundwater underlying the site is of satisfactory qualityto provide potable water to the future residents of the subdivision from on ite wells. In addition to the water quality analyses, groundwater elevations were established around the site. Some areas of highgroundwater were identified. However, these areas are associated with the wetland areas, the conditions discussed above in the surface waters/wetlands section will also address any impacts which could occur from construction in areas of high groundwater. Information provided in the Final EIS also demonstrated that the implementation of the project at the proposed density will not cause a significant elevation in the existing level of nitrogen in groundwater underlying the site. Topography: Certain areas of the project site have areas of steep slopes with the primary area of concern located adjacent to Long Island Sound. While none of the areas proposed for development are presently in active recession, the potential for erosion does exist if uncontrolled site development is allowed to occur. The proposed site development plan provides deep lots along Long Island Sound in order to allow for sufficient setbacks from the sound front slope areas. Additional conditions were considered in the Draft EIS and recorded in comments on the various documents. These include, but are not limited to: site grading plans at the time of building permits, limiting and controlling of access in areas of steep slopes (particularly on the slopes adjacent to Long Island Sound), restrictive covenants to litnit clearing and locate structures, definition of building envelopes to avoid steep slope areas, containment of runoff from impervious surfaces and the relocation of lots and/or property lines to avoid construction on steep slope areas. These mitigation measures should be employed in connection with consideration of the subdivision map. Vegetation: The site presently has a mix of vegetation types and habitats, with a majority of the site being wooded. The existing vegetation of site is important in terms support of area wildlife, as well as other natural resources and site aesthetics. While it is recognized that clearing will be necessary to undertake the proposed use, the amount and location of the clearing must be controlled. The above discussions on surface waters/wetlands and topography outline certain conclusions and mitigation measures contained within the EIS. Page 3 of 6 Cove Beach Estates Statement of Findings These are also appropriate to prevent significant impacts to the vegetation found on site. In addition to the above, restrictive covenants should be filed on each lot which would limit the amount of clearing on each lot depending on its size. The standards for the maximum percent of clearing, as related to the square footage of the lot, is contained within the EIS. For those areas of the lots which will be cleared for construction, a minimum amount of turf and fertilizer dependant plant species should be installed during landscaping. Restrictions could Be placed on the development of the subdivision to utilize native and near native plant species during landscaping. The above mitigation not only will help to restore the natural vegetation lost during construction, but will also reduce the potential for groundwater impacts from the use of lawn and garden fertilizers. Public Access/Open Space: Public access to the waterfront is appropriate and is to be provided in the northeast corner of the site. This proposed area provides access to both Long Island Sound and Dam Pond. This access point will be for passive use,with no access by motorized vehicles. As the area is also in close proximity to a wetland area, only minimal improvements to provide pedestrian access should be allowed. These improvements should avoid sensitive areas of the adjoining open space. The location and type of such improvements must be approved gy, the Town prior to final approvals and construction. As discussed above the wetland areas and their surrounding habitats should be protected and preserved. The relocation of lots and lot lines provide the opportunity to protect these resource's integrity The most sensitive portion of the site in terms of natural habitat area and tidal and freshwater wetlnds, is adjacent to Dam Pond and the associated wetlands. Accordingly, the maximization of open space in these areas should be strongly considered. Such a measure would provide an expansive open space continuum, which includes the passive recreation area and the designated open space on site, coupled with the Dam Pond area and adjacent large lots m thefC'n'ty . The alternate design plan included in the Final EIS provided some easurestomitgatimactsin resnse tocmmentson te proosed prcthowever,additonal measures includingrelocation oflots, and furtherrectionoflotsizesare alsoappropriate in order to maximize the preservatioand enhancement of open space. Revised Subdivision Map: A revised subdivision may was prepared during the SEQR procedure. This map is included in Appendix B of the Final EIS and discussed in Appendix F of that same document. The alternate plan was devised by the applicant and submitted in response to many of the comments which were raised during the comment period on the Draft EIS. The alternate plan results in eac - othefhe fhtlreouces. t is noted that the cul-de-sac o s which relate osite been removed thereby limiting wetland encroachment and eliminating the previous direct discharge of stormwater runoff to the wetlands. Lot frontages on lots 1 through 13 have been reduced in order to provide adequate setbacks from wetlands. Some lot sizes have been reduced in order to maximize the Page 4 of 6 Cove Beach Estates Statement of Findings preservation of open space. It is documented within the record on the Final EIS for Cove Beach Estates that the wetlands and adjacent areas to Dam Pond contain extreme environmental sensitivity. It has also been documented that the retention and preservation of open space in environmentally sensitive areas of the site is essential to the protection of natural and cultural resources. The Final LS also provides information of the potential for impacts to occur as a result of disturbance of steep slope areas,with extreme ramifications expected adjacent to wetland areas. Accordingly, the further alteration of the revised subdivision map through relocation of lots adjacent to the Dam Pond wetland and open space area, and the further reduction of lots sizes in the vicinity of steep slopes and wetlands, is appropriate. It is the conclusion of these findings that the revised subdivision map addresses many of the concerns and potential impacts which were associated with the proposed action. The measures included herein seek to minimize the impacts of the project to the maximum extent in consideration of the environmental sensitivity of the site, balanced with the needs and objectives of the Town as determined through land use.planning and environmental documents and policy, as well as the objectives of the project sponsor. Therefore, the further consideration of the revised map (alternative design), with the incorporation of the above findings is appropriate. Page 5 of 6 0 Cove Beach Estates Statement of Findings Certification of Findings to Approve Having considered the Draft and Final EIS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, this Statement of Findings certifies that: 1. The requirements of 6 NYCRR Part 617 have been met; 2. Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including the effects disclosed in the environmental impact statement, and 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by the incorporating as conditions to the conclusion to the decision those mitigative measures which were identified as practicable. 4. Consistent with the applicable policies, this action will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations. Name of Agency Signature of Responsgbk Official Name of Responsible O&W Title of Responsible Official Address of Agency Date Page 6 of 6 BY-LAWS OF COVE BEACH ESTATES HOMEOWNERS ASSOCIATION, INC. A New York Not-for-Profit Corporation ARTICLE. I - NAME. LOCATION AND PRINCIPAL OFFICE These are the By-Laws of Cove Beach Estates Homeowners Association, Inc. , hereinafter referred to as the "Association" . The principal office of the Association shall be in the Town of Southold, County of Suffolk, State of New York. ARTICLE II - DEFINITIONS The following words when used in these By-Laws shall, unless the context prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to Cove Beach Estates Homeowners Association, Inc. , a New York Not-for-Profit Corporation. - (b) "Developer" shall mean and refer to Cove Beach Homeowners Association, Inc. and its successors and assigns if such successors and assigns should acquire an undeveloped or developed but unsold portion of the "The Properties" from the Developer for the purpose of development. (c) "Declaration" shall mean and refer to the Declaration of Covenants and Restrictions, applicable to "The Properties" and amendments thereto, if any, in the Office of the Clerk of the County of Suffolk, New York. (d) "The Properties" shall mean and refer to all those areas of land described in and subject to the Declaration, and as shown on the subdivision map of Cove Beach Homeowners Association, Inc. (e) "lot" shall mean and refer to any plot of land intended and subdivided for business or residential uses shown on the subdivision map of "The Properties" , but shall not include the road areas as set forth on said subdivision map of Cove Beach Homeowners Association, Inc. (f) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article VI. (g) "Home" shall mean and refer to all units of residential housing situate upon lots on "The Properties" . 2/16/,3 (h) "Owner" shall mean and refer to the record owner of fee simple title to any lot, including the Developer with respect to an unsold lot. Every lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vote to which such owners are entitled. (i) "Road Areas" shall mean and refer to certain areas of land other than individual lots as shown on the filed subdivision map and intended for use as means of ingress and egress to the individual lots. (j ) "Development" shall mean the Map of Cove Beach Estates Homeowners Association, Inc. at Cutchogue, a 4 lot subdivision located along Rt. 25, Cutchogue, New York. ARTICLE III - PURPOSE This Association is formed to own, operate and maintain the Road Areas for the benefit of the Members of the Association and to otherwise act according to the provisions of the Declaration. ARTICLE IV - APPLICABILITY All present and future Members shall be subject to these By- Laws and to the rules and regulations issued by the Association to govern the conduct of its Members. ARTICLE V - USE OF FACILITIES The Road Areas shall be limited to the use of the Members or their families residing in their household, and the Members' guests. In the event that a Member shall lease or permit another to occupy his Home, however, the lessee or occupancy shall be permitted to use the Road Areas, subject to the same restrictions and limitations as said member. ARTICLE VI - MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. The Association shall have one class of membership interest, as follows: The Owner of each Lot on the Properties shall be a Member whether such ownership is joint, in common or tenancy by the entirety. Each Member is entitled to one vote for each lot in which they hold a membership interest. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determine but, with the exception of cumulative voting employed in the election of Directors, not more than one vote may be cast with respect to any such Lot. No Member shall split or divide its votes on any motion, resolution or ballot other than in the cumulative voting procedure employed in the election of Directors. ARTICLE VII - QUORUM, PROXIES AND WAIVERS Section 1. Quorum. So Many Members as shall represent at least 51% of the total authorized votes of all Members present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. If, however, such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting. At least five days' written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might have been transacted at the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33-1/3 of the total authorized votes of all Members shall constitute a quorum. Section 2 . Vote Required to Transact Business. When a quorum is present at any meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is on upon which by express provision of the Statue, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provisions shall govern and control the decision of such questions. Section 3 . Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4 . All proxies shall be in writing and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting. Section 5. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by Statue or by any provision of the Declaration, Certificate of Incorporation or of these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 6. Place of Meeting. Meetings shall be held at any suitable place convenient to the Members as may be designate by the Board of Directors and designated in the notices of such meetings. r Section 7. Annual Meetings. The annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors. At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By-Laws. The Members may also transact such other business and may properly come before the meeting. Section 8. Special Meetings. It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by the majority of the Members. Section 9. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Member at least ten (1) , but not more than thirty (30) , days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served. Section 10. Order of Business. The order of business at all meetings shall be as follows: (a) Roll Call; (b) Proof of notice of meeting or waiver of notice; (c) Reading of minutes of previous meeting; (d) Report of Officers; (e) Report of Committees; (f) Appointment of inspectors of election (in the event there is an election) ; (g) Election of Directors (in the event there is an election) ; (h) Unfinished business; (i) New business. ARTICLE VIII - BOARD OF DIRECTORS Section 1. Number and Term. The number of Directors which shall constitute the whole Board shall be three. An initial Board shall be designated by the Developer to serve until the meeting and at all subsequent annual meetings, the Members shall vote for and elect three Directors to serve one-year terms and until their successors have been duly elected and qualified. All Directors, other than those the Developer shall have the right to designate, must be either Members of the Association or immediate family members residing in the Member's home. Each Director shall be at least nineteen (19) years of age. Section 2 . Cumulative Voting and Right of Developer to Designate Certain Board Members. In an election of Directors, each Member shall be entitled to as many votes as shall equal the number of Directors to be elected and a Member may cast all of such votes for a single Director or may distribute them among two or more Directors as he sees fit. Notwithstanding the foregoing, the Developer shall have the right to designate two Directors until the second anniversary date of the recording of the Declaration or until 51% of the Lots in the Development are sold, whichever is later. Thereafter, the Developer shall have the right to designate one Director for so long as it holds at least one membership. The Developer may not cast its vote to elect any Directors in addition to the designated Directors set forth above. Section 3 . Vacancy and replacement. If the office of any Director becomes vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise, a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by the Developer resigns, the Developer shall have the right to appoint another Director in is place. Section 4. Removal. Directors may be removed for cause by an affirmative vote of a majority of the Members. No Director, other than a designee of the Developer, shall continue to serve on the Board if, during his term of office, he shall cease to be a Member. Section 5. Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by statute, Declaration, Certificate of Incorporation or by these By-Laws, directed or required to be exercised or done by the members or Owners personally. These powers shall specifically include, but not be limited to, the following items: 1. To determine and levy assessments provided for in the Declaration. The Board of Directors may increase the monthly assessments or vote a special assessment in excess of that amount, if required to meet any additional necessary expenses. 2. To collect, use and expend the assessments. 3 . To maintain the Road Areas, as designated on the subdivision map of Cove Beach Estates Homeowners Association, Inc. 4 . To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts. 5. To collect delinquent assessments by suit or otherwise, 0 0 to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and regulations herein referred to. 6. To make reasonable rules and regulations and to amend same from time to time. Such rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered a copy of such rules and all amendments to each Member. Such rules and regulations may, without limiting the foregoing, included reasonable limitation on the use of the Road Areas. 7 . To employ workmen, contractors and supervisory personnel, to purchase supplies and equipment, to enter into contracts to provide maintenance and other services and generally to have the power of Directors in connection with the matters hereinabove set forth. 8. To bring and defend actions by or against one or more Members and pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. 9. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, each of such committees to consist of at least three Members, one of whom shall be a Director, which to the extent provided said resolution or resolutions shall have management of the business and affairs to the Association and may have power to sign all papers which shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Committees established by resolution of the board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. Section 6. Compensation. Directors and officers, as such, shall receive no compensation for their services. Section 7 . Meetings. (a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of the Board of Director shall be held at the same place as the annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special Meetings of the Board may be called by the President on two (2) days' notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of a least two Directors. (d) At all meetings of the board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of a two-thirds majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by statue or by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall be present. (e) Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 8. Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement regarding any taxable income attributable to the Members and a notice of the holding of the annual meeting of Association members. Section 9. Fidelity Bonds. The Board of Directors may dispense with the requirement that all officers and employees of the Association handling or responsible for Association funds shall furnish adequate fidelity bonds. ARTICLE IB - OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by the Board of Directors and shall be a President and a Secretary-Treasurer. All officers must be either members of the Board of Directors, Members of the Association, or lessees or occupants entitled to the use of the Properties. More than one office may not be held by the same person. Section 2 . Election. The Board of Directors, at its first meeting after each annual meeting of the Association Members, shall elect a President and a Secretary-Treasurer. Only the President must be a member of the Board. Section 3 . Appointive Officers. The Board may appoint such other officers and agents as it shall deem necessary who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4. Term. The officers shall serve for a period of one year or until their successors are chosen and qualify in their stead. An officer elected or appointed by the Board of Directors may be removed with our without cause, at any time, by the affirmative vote of a majority of the Board of Directors present at such meeting, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. Section 5. The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of the President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6. The Secretary. The Secretary shall attend all session of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he shall serve. Section 7. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all transactions as Treasurer and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. Section 9. Agreements, etc. All agreements and other instruments shall be executed by the President or such other person as may be designated by the Board of Directors. ARTICLE % - NOTICES Section 1. Definitions. Whenever under the provisions of the Declaration of these Buy-Laws, notice is required to be given to the Board of Directors to any Director or Association Member, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, be depositing the same in a post office or letter box in a postpaid sealed wrapper addressed to the Board of Directors, such Director, or Member, such address as appear on the books of the Association. Section 2 . Service of Notice - Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE SI - AMENDMENTS These By-Laws may be altered, amended or added to at any duly called meeting of the Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least sixty-six and two thirds percent (66 2/3) %) of the Members. No amendment; however, shall affect or impair the validity or priority of the Members' interests and the interests of holders of a mortgage encumbering a Member's Lot. Nor shall any amendment have the effect of infringing upon the Developer's right to make membership in or use of the Association available to purchasers or lessees of the Lots of the Properties. ARTICLE SII - SELLING, LEASING AND GIFTS OF LOTS Section 1. Selling and Leasing Lots. Any Lot may be conveyed or leased by a Member free of any restrictions except that no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Lot unless and until all unpaid Association expenses assessed against the Lot shall have been paid as directed by the Board of Directors. Such unpaid Association expenses, however may be paid out of the proceeds from the sale of a Lot, or by the Grantee. Any sale or lease of a Lot in violation of this section shall be voidable at the election of the Board of Directors. Upon the written request of a Member of his mortgagee, the Board of its designee shall furnish a written statement of the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the issuance of such statements. The provisions of this section shall not apply to the acquisition of a lot by a mortgagee who shall acquire title to such Lot by foreclosure or by deed in lieu of foreclosure. In such event the unpaid assessments against the Lot which were assessed and became due prior to the acquisition of title to such Lot by such mortgagee shall be deemed waived by the Association and shall be charged to all other members of the Association as a common expense. Such provisions shall, however, apply to any assessment which are assessed and become due after the acquisition of title to such Lot by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Lot" is referred to in this section, it shall include the Lot, the Member's interest in the Association and the Member's interest in any Lots acquired by the Association. Section 2 . Gifts, etc. Any Member may convey or transfer his Lot by gift during his lifetime or devise his Lot by will or pass the same by intestacy without restriction. ARTICLE XIII - GENERAL PROVISIONS Section 1. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors. Section 2. Seal. The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3 . Examination of Books and Records. Each Member, or their respective representatives and first mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to its Board of Directors. The Declaration, Certificate of Incorporation and the By-Laws of the Association shall be available for inspection by any Member or first mortgagee at the principal office of the Association. Section 4 . Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, whenever the context so required. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control; and in the case of any conflict between the Declaration and these By- Laws, the Declaration shall control. Section 5. Severability. Should any of the Covenants, terms or provisions herein imposed by or become unenforceable at law or in equity, the remaining provisions of these By-Laws shall, nevertheless, be and remain in full force and effect. The undersigned Directors hereby certify that they have adopted the foregoing By-Laws as the first By_Laws of the Association in accordance with the requirements of the Not-for- Profit Corporation Law. Dated: / t J$)UNTY OF SUFFOLK 5U8F1U� (D M (VICK1tftm PATRICK G. HALPIN Ou V r+ SUFFOLK COUNTY EXECUTIVE Vf>nJ'DS� DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. COMMISSMrR July 8, 1991 Mr.Harold Reese,Jr. 855 Sunrise Highway Lynbrook,N. Y. 11563 Dear W.Reese: Subject: Board of Review Hearing-April 25, 1991 Proposed Subdivision of Cove Beach Estates#986, Town of Southold(SCfM 1000-22-3-15.1 and 18.3) At the hearing on April 25, 1991,you had an opportunity to present your appeal of the department's ruling on the subject application. Based on the following information and in accordanoe with the provisions of Article 2,Section 760-220,of the Suffolk County Sanitary Code,the determination of the Board of Review is as follows: Statement of Problem Installation of private water supply wells should be screened a minimum of 40 feet into groundwater to comply with the intent of Article 760-606(Ld)and Section 3 of the Department's Standards and Pmoedmes for Private Water Systems. The applicant is requesting approval of ahadow wells. Fgndinas and Facts 1. Proposed development of a 98.26 ace parcel into thirty-four lots ranging in size from 40,281 square feet to 87,848 square feet with 851,110 square feet for open space. 2. Site is in Groundwater Management Zone KV. 3. Area is zoned Residential A. 4. Public water is not available. JUL I O 1991 5. Depth to groundwater is about 10 to 20 feet 6. Soils are.hard pan,sandy loam to depths of 10 to 17 feet with sand and gravel materials below. ASRO DRIVE EAST AWE. N.Y. 11788 0.B-2000 . Mr.Harold Reese,Jr. Page Two 40 Subject: Proposed Subdivision of Cove Beach Estates#986,Town of Southold(SCiM 1000-22-3.15.1) 7. Average lot size is approximately 2.8 acres including open space parcels. 8. Applicant's engineer indicated that a 1983 proposal was for a 54 lot subdivision. The present proposal on the same parcel has been reduced to 35 lots which increase the size of each lot and provide for open space. 9. A prior Board of Review determination(6/2585)granted approval of the 54 lots on 69.2 acres with parcels ranging in size from approximately 21,000 to 40,000 square feet,provided covenants were filed to allow off- site wells for lot owners with shallow wells to be developed in the open space area. 10.State Supreme Court decision by Judge Alfred Lama dated 4/90 directed the Town of Southold to approve the 34 lot subdivision. 11.Applicant's engineer provided testimony on the water resources at the proposed subdivision. Consumptive water use was projected to be 3,808 gpd;permissive sustained yield for the site is 27,066 gpd. 12.Five test wells were installed with 19 to 40 feet of water in well casing. Notate levels ranged from c0.2 mg/I to.6 mg/I and chlorides 11 mgll to 82 mg/l. 13.Applicant has Town approvals and New York State Department of Environmental Conservation wetlands permits. Determination The Board panted the request for the variance provided the applicant covenants,in language acceptable to the County Attorney,a limit on the pump capacity to 10 Spin. Article 6 and the Department's Standards for construction of private wells is intended to provide a satisfactory water supply. Approval of this project under the conditions specified will not have any substantial adverse effect. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete;otherwise,your approval will be subject to unnecessary delay. Very truly yours, wkcmc-- Dennis Moran,P.E. Chairman,Board of Review DM/Ir cc: Walter G.Lindley Susan D.Windesheim Mr.Frank Dowling,Sr.Planner Mr.Thomas C.Wolpert,P.E.-Young&Young4W Ostrander Ave.- Riverhead ve:Riverhead 11901 Town of Southold Planning Board C:`jNTY OF SUFFOLK &C U P y PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE L�S DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. COMMISSIONER Qu V/1' April 9, 1991 Mr. Harold Reese, Jr. 855 Sunrise Highway Lynbrook, New York 11563 RE:'- Proposed Subdivision of Cove Beach Estates $986, (T) Southold (SCTM 1000-22-3-15. 1 and 18.3) Dear Mr. Reese: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for April 25, 1991, at 2:30 p.m. , in the Suffolk County Department of Health Services Conference Room, County Center, Room S-238, Riverhead. You and interested parties are requested to appear, with or without counsel, and you may produce any information or evidence concerning the above referenced property. Should you have any questions, please call Walter G. Lindley at 516-548-3312. Very truly yours, Dennis Moran, P.E. Chairman Board of Review DM:cah cc: Mr. James L. Corbin APR 1 5 199! Mr. Steven Cary, P.E. Mr. Walter G. Lindley Ms. Susan D. Windesheim Mr. Frank Dowling, Sr. Planner Mr. Thomas C. Wolpert, P.E. Town of Southold Planning Board I COUNTY CFNTER RIVERHEAO.N.Y. 11901 F 0 UL All, r PLANNING BOARD MEMBERS u ` ''' g SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman BYO .!7► ` 0� Supervisor George Ritchie Latham, Jr. Richard G. Ward! g �b Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 8, 1991 Frederick J. Tedeschi, Esq. 218 Front Street Greenport, New York 11944 Re: Cove Beach Estates Dear Mr. Tedeschi, This office has not received a response to our letter to you dated November 15, 1990. A copy is enclosed for your convenience. Inasmuch as we are reviewing the final subdivision maps, we would appreciate hearing from you. If you have any questions or concerns, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman Enc. cc: Frank R. Russel, Sr. 14•`f~ L / PLANNING BOARD MEMBERS t — SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y 1 ', Y �` CCCCCC111II! Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall. 53095 Main Road _ Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 15, 1990 Frederick J. Tedeschi, Esq. 218 Front Street Greenport, New York 11944 Re: Cove Beach Estates Dear Mr. Tedeschi, The Planning Board has received a letter from Frank R. Russel, Sr. regarding rights of way that he shares with others over property owned by Harold Reese and others. A copy of that letter is enclosed for your convenience. As you are probably aware, the latter property has been the subject of a proposed subdivision known as Cove Beach Estates. In his letter, Mr. Russel directed us to address our inquiries to you. Would you be able to provide this office with a copy of the property deeds of the six lots in question? Also, if you have other documentation pertaining to your client' s access over the right of way, I would appreciate its inclusion with the deeds. If you have any questions, please speak with Valerie Scopaz of this office. Very truly yours, Bennett Bennett Orlowski, Jr. Chairman Enc. cc: Scott Harris, Supervisor Frank R. Russel, Sr. YOUNG 4T- YOUNG 400 08TRANDER AVENUE MS RIVERHEAD, NEW YORK :tyol Pg 518-727-2303 ALDEN W.YOUNG FAX 616-727'0144 HOWARD W.YOUNG Pa 18"Wnal Engin..e%%L Aa Sacveyx Land. Saewym March 4, 1991 ATTN: Ms. Melissa Spiro Town of Southold Planning Department Main Road Southold, New York 11971 RE: COVE BEACH ESTATES at East Marion, T/O Southold, New York (85-0888) Dear Melissa: Enclosed herewith are six (6) sets of the Final Road and Drainage Plan of Cove Beach Estates, last dated September 13 , 1990, for your review. Very truly yours, Kenneth F. bruzzo KF sjt Enc Mf,R - 1A ooSUEFOIKCOGy< PLANNING BOARD MEMBERS N,,_. SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y0 .� '" Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road "`3' Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 22, 1991 Harold R. Reese, Jr. 855 Sunrise Highway Lynbrook, New York 11563 RE: Cove Beach Estates at East Marion SCTM#1000-22-3-15 . 1 & 18. 3 Dear Mr. Reese: On February 19th, we received twelve ( 12) sets of maps for the Cove Beach Estates subdivision. The following items from our last letter of December 13 , 1990, remain to be addressed before the Planning Board can proceed with the final subdivision application: 1. The lot line application, plans and fee must be submitted. 2. Health Department approval must be obtained, and placed on final map. 3 . Draft documentation for the Homeowner' s Association must be submitted for review by this Board and the Town Attorney' s office. Please contact this office if you have any questions about the above. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Howard W. Young, Young & Young Surveyors . kOUNG 9I; YOUNG /UIS 400 OSTRANDER AVENUE , G RIVERHEAD, NEW YORK rigor //s 616-727-2303 1i6 ALDEN W.YOUNG FAX 616-727-0144 HOWARD W.YOUNG PwFwswnut EngL web Land Saw.yx Land Sacvaym February 16, 1991 ATTN: Ms. Melissa Spiro Town of Southold Planning Department Main Road Southold, New York 11971 RE: COVE BEACH ESTATES at East Marion, T/O Southold, New York (85-0888) Dear Melissa: Enclosed herewith are twelve (12) sets of the Map of Cove Beach Estates last dated February 5, 1991. This map has been amended to indicate building envelopes on Lots 1 through 13 , 100 foot building setback from top of bluff, approximate top of bluff, and Coastal Erosion Management Line. Very truly yours, Howard W. Young HWY/CD Encl. s GUtF�L���G PLANNING BOARD MEMBERS 'ZT SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman yo. '1� - Supervisor George Ritchie Latham, Jr. Richard G. Ward �1 = Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD .1�OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OFD§& IP 17, 1990 Fax (516) 765-1823 Harold R. Reese, Jr. 855 Sunrise Highway Lynbrook, New York 11563 RE: Cove Beach Estates SCTM#1000-22-3-15. 1 & 18.3 Dear Mr. Reese: Enclosed please find a copy of the December 11, 1990 resolution by the Southold Town Board approving the amount of $815,525.00 for a bond for roads and improvements for the above mentioned subdivision. Please contact this office if you have any questions. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. i '5'U'6 r--166- A, 5 `�✓ JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK a r'�t . P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER ` y Fax (516) 765-1823 ^!�i ^v� Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 11, 1990: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $815,525.00 for a bond for roads and improvements in the major subdivision of Cove Beach Estates, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. Judith T. Terry Southold Town Cler December 12, 1990 � doct—/ JUDITH T. TERRY < Town Hall, 53095 Main Road TOWN CLERK = OF P.O. Box 1179 REGISTRAR OF VITAL STATISTICS th =. Southold, New York 11971 MARRIAGE OFFICER `. Fax (516) 765-1823 Telephone (516) 765-1801 T OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 11, 1990: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $815,525.00 for a bond for roads and improvements in the major subdivision of Cove Beach Estates, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. DEC : 3 20�Ju . ! e dith T. Terry Southold Town Cler December 12, 1990 �oS�FFOLKCOG PLANNING BOARD MEMBERS r=T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman VO �g Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 December 13, 1990 Harold R. Reese, Jr. 855 Sunrise Highway Lynbrook, New York 11563 RE: Cove Beach Estates SCTM# 1000-22-3-15. 1 & 18.3 Dear Mr. Reese: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, December 3 , 1990: It was RESOLVED to adopt the bond estimate dated as revised October 25, 1990, and to recommend same to the Town Board. The bond estimate is in the amount of $815,525.00, with an inspection fee in the amount of $48, 931. 50. The following items must be submitted before the Planning Board can schedule the final hearing: 1. A Lot Line application for the parcel to be conveyed by Otto Uhl, Jr. to Harold Reese, Sr. This application has to be processed before the final hearing on the major subdivision can be set because this application will change boundaries of the major subdivision. 2 . Revised final maps (six paper prints and two mylars) . These maps must include: A. A valid stamp of Health Department approval; B. The revised boundary lines as determined by the lot line application; C. A notation that a Declaration of Covenants and Restrictions has been filed and the `Liber and Page number; 0 6 D. The location of the top of the bluff line and the 100 foot setback line; E. The typical building envelope for the soundfront lots; F. The detail of the standard 24 ft. wide pavement for a major subdivision as requested by the Planning Board on September 5, 1990, 3 . Draft Documentation of the Homeowner' s Association. The draft will be reviewed by the Planning Board and the Town Attorney and, upon acceptance, must be filed prior to any endorsement of the subdivision map by the Planning Board Chairman. 4. A draft Declaration of Covenants and Restrictions including the items listed below. The draft will be reviewed by the Planning Board and the Town Attorney and, upon acceptance, must be filed in the Office of the County Clerk prior to any endorsement of the subdivision map. A. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. B. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. C. No new sanitary disposal facilities or structures, with the exception of that stated in "D" below, shall be constructed or otherwise located between the high water mark and the one-hundred ( 100) foot setback from the top of the bluff as shown on the map. D. Access to the beach down the face of the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits. E. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. F. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. G. The following paragraph: These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. l Chairman enc. cc: Kenneth C. Coenen, Hampton-Manor Associates, Inc. Kenneth F. Abruzzo, Young and Young REFERRAL CRITERIA: SERA STATUS• 1. The project is an Un11 (Type I) (Type II)Action. 2. A {Negative Declaration) f�or;vg Declaration (Determ. of Non-Significance) has been adopted by the Planning Board. 1 3. E.I.S. statement enclosed. (Yes) No F�„�Q NySe e�oSP� 4. The proposed division has received approval from the S.C. Dept of Health. (Yes) ( o Comments: We request acknowledgement of receipt of this referral (Yes) (No) Referral received lg by Suffolk County Planning Commission and assigned File NO. Very truly yours, 6z,-� '/' Bennett Orlowski, Jr. Chairman lv6 August 28, 1990 Revised October 25, 1990 CONSTRUCTION COST ESTIMATE - Cove Beach Estates at East Marion, T/0 Southold Suffolk County, New York z- Item naggription oty. & Unit Unit Price Total Clearing & Grubbing 7.8 Acre $2, 000. 00 $ 15, 600. 00 Excay. , Backfill & 2. 50 Go, Soo.00 Grading - Roads 24200 C.Y. -2x99 149, 400 GG Excay. , Backfill & Grading - Drainage Areas 10000 C.Y. 2. 00 20,000. 00 Fine Grading 15300 S.Y. 1.50 22,950.00 4" Asphalt Pavement 3600 Tons 60.00 216,000. 00 4" Stone Blend or Conc. Blend 1700 C.Y. 40. 00 68, 000.00 Concrete Curb 11520 L.F. 10. 00 115,200.00 18" Dia. CMP 3400 L. F. 20. 00 68, 000. 00 2411 Dia. CMP 1083 L.F. 25. 00 27, 075. 00 101 Dia. Leaching Pool 3 Each 2, 000.00 6,000. 00 Catch Basins 19 Each 1,500.00 28, 500.00 Manholes 10 Each 11500.00 15, 000. 00 Driveway Aprons 283 $.Y. 25. 00 7, 075. 00 Topsoil & Seed 22200 S.Y. 2.50 55,500.00 Conc. Monuments 15 Each 100. 00 11500. 00 Deep Fire Wells -*-450, !0000.00 •40,000. 00 :•, • Total en, A n 00 .nn ** Underground Utilities Not Included SfRE61~ LIGH?� 3 CA. l,opo.00 3,000.00 01REc r SuevA _ G46L6 3,350 L•� I. 5o SoZS.00 Sfe�T TREES 203 EA. Zoo.00 40600.00 sub TOTAL $IS, S7-5.00 68 inspection fee 48 931. 50 Total $ 864 , � -F uI PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman VO` Supervisor George Ritchie Latham, Jr. Richard G. Ward ��101 Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 December 4, 1990 Judith T. Terry Southold Town Clerk Main Road Southold, New York 11971 RE: Cove Beach Estates SCTM#1000-22-3-15.1 & 18.3 Dear Mrs. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, December 3 , 1990. RESOLVED to adopt the bond estimate dated as revised October 25, 1990, and to recommend same to the Town Board. The bond estimate is in the amount of $815,525. 00, with an inspection fee in the amount of $48,931. 50. Please contact this office if you have any questions regarding the above. Very truly yours, 3 Bennett Orlowski, Jr. nes Chairman Encl. : Bond estimate cc: Kenneth Abruzzo Kenneth Coenen August 28, 1990 j Revised October 25 , 1990 - CONSTRUCTION CO m .aTTMA'rp Cove Beach Estates at East Marion, T/0 Southold Suffolk County, New York _._ . Item Description Oty & unit Unit Price Total Clearing & Grubbing 7.8 Acre $2, 000. 00 $ 15, 600. 00 Excay. , Backrill & 2. 50 Go, Soo.00 Grading - Roads 24200 C.Y. 2499 -48j4$8`pg Excay. , Backfill & Grading - Drainage Areas 10000 C.Y. 2. 00 20,000.00 Fine Grading 15300 S.Y. 1. 50 22,950.00 4" Asphalt Pavement 3600 Tons 60. 00 216,000. 00 4" Stone Blend or Conc. Bland 1700 C.Y. 40. 00 68, 000. 00 Concrete Curb 11520 L.F. 10. 00 115,200.00 1811 Dia. CMp 3400 L.F. 20. 00 68, 000. 00 24" Dia. CMP 1083 L.F. 25. 00 27, 075. 00 10 ' Dia. Leaching Pool 3 Each 21000. 00 6,000. 00 Catch Basins 19 Each 11500. 00 28, 500.00 Manholes 10 Each 11500. 00 15, 000. 00 Driveway Aprons 283 S.X. 25. 00 7,075.00 Topsoil & Seed 22200 S.Y. 2.50 55,500. 00 Conc. Monuments 15 Each 100. 00 1,500. 00 Deep Fire Wells o-4,5A 1o000.00 40,000, o0 :•, -i V-1, A.�ti ** Underground Utilities Not Included —'reEb'T Lf"75 .9 LA- loo o.od 3000.00 011WCr SUe,AL G/16L 3350 L•� /- So SOZS.00 -Trae�-r rrVEs Zo3 EA. • Zoo.00 ¢0600.00 sub TOTAL 8191 SZE.00 6% inspection fee 48 931. 50 Total $ 864, 456. 5 ,o U LAG PLANNING BOARD MEMBERS c rn SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman r✓ ;_'.,�6.c �� Supervisor George Ritchie Latham, Jr. Richard G. Ward �1 e 1 Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards pLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 16, 1990 Harold Reese, Jr. Reese Bros. Inc. 855 Sunrise Highway Lynbrook, New York 11563 RE: Cove Beach SCTM#1000-22-3-18.3 , 15. 1 Dear Mr. Reese: As per your November 8, 1990 letter, the Planning Board has scheduled their review of the bond estimate for Monday, December 3 , 1990. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman o'; GyG PLANNING BOARD MEMBERS � � SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Vim .® Supervisor George Ritchie Latham, Jr. �/' Richard G. Ward �1 = Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 15 , 1990 Frederick J. Tedeschi, Esq. 218 Front Street Greenport, New York 11944 Re: Cove Beach Estates Dear Mr. Tedeschi, The Planning Board has received a letter from Frank R. Russel, Sr. regarding rights of way that he shares with others over property owned by Harold Reese and others. A copy of that letter is enclosed for your convenience. As you are probably aware, the latter property has been the subject of a proposed subdivision known as Cove Beach Estates. In his letter, Mr. Russel directed us to address our inquiries to you. Would you be able to provide this office with a copy of the property deeds of the six lots in question? Also, if you have other documentation pertaining to your client' s access over the right of way, I would appreciate its inclusion with the deeds. If you have any questions, please speak with Valerie Scopaz of this office. Very truly yours, Av, mow,/V Bennett Orlowski, Jr. Chairman Enc. cc: Scott Harris, Supervisor Frank R. Russel, Sr. Q��tFQLkrOGy PLANNING BOARD MEMBERS c '�^ . SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y Supervisor George Ritchie Latham, Jr. � Richard G. Ward All Town Hall, 53095 Main Road Mark S. McDonald P.O. Boz 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 14, 1990 Royal R. Reynolds, Assistant Director Wastewater Permit Division Suffolk County Department of Health Services Division of Environmental Health Riverhead County Center Riverhead, New York 11901 Re: Proposed Subdivision of Cove Beach Estates East Marion, N.Y. SCTM # 1000-22-3-18. 1 Dear Mr. Reynolds: As you may be aware, the Southold Town Planning Board has been reviewing an application for final approval for the above-named subdivision. The purpose of this letter is to find out whether application has been made for approval of water supply for the above-named subdivision. Additionally, if application has been made, what is its status within your office? Although your office may not have completed its review, any information about the application that you could share with us would be appreciated. If you need more information, please contact Valerie Scopaz at 765-1938. Very truly yours, Bennett Orlowski, Jr. Chairman 0 1 6 .�ISFc� iReese 7gros. fnc. 1/5 855 SUNRISE HIGHWAY •'I J LYNBROOK.N.Y. 1 1583 '-I 515-599.5200 NOVEMBER 8 , 1990 TOWN OF SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD TOWN HALL 53095 MAIN ROAD SOUTHOLD, NEW YORK. 11971 GENTLEMEN: RE: COVE BEACH EAST MARION I HAVE RECEIVED NOTICE TODAY OF THE BOARD MEETING THIS COMING TUESDAY NOVEMBER 13, 1990 TO DISCUSS THE ENGINEERS RECOMMENDATION ON BOND ISSUES FOR THE COVE BEACH PROJECT. IN AS MUCH AS I CANNOT ATTEND THIS MEETING I WOULD LIKE THIS ISSUE PLACED ON THE NEXT BOARD MEETING CALENDAR. THANKING YOU IN ADVANCE FOR YOUR CONSIDERATION, I REMAIN. VE"TRUL OUR , HAROLD REESE JR. 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Recoved By. Total Charges 14E)AM TIA1E U AM FEW T❑ 011lm SI41LL SNRmE DIM SHIPMENT(Hea~ X Date/Time Receival FedEx Employee Number tEYIMDt GATE-11 goahoolry Smlce 'Hm"oWd Ra/oe 8❑ ❑ lbs, PABrt11a5U1 WCSEL ITarntet5' Ary ab PSee{rp uWry SANflDAYPIpfDP Receive]At FORMAT M14 ( ett'WIO pFlryawv im Ml 9❑ layyp l 10 Resins,90p 30 omp ace 014 TD❑pN�FAYYpNmHDNT•• to❑ A O BSc. Release ♦30❑SCERI'V EY W[:]SE%HSNT— 11 ❑ OfSfHfPiRIN 2 0 Or,Cal stop 5 0 station • PR NTEDEN L�t19yCamIelBl may •DWI•aI VYe DtAtfm ❑ AY1l/a1YDeA'ND'ma.am FedEx Data/Timo , USn towir . ••Gelb EOMyrMJb. 12 lr,..ywa EmP.Na f/': p/Bo SOWNE SIDNEY B. BOWNE & SON FOUNDER Sidney B.Bowne,P.E.,L.S. 5U&FI L.A (1922-1959) PARTNERS October 25, 1990 Chester C.Kelsey,P.E.,L.S. Robert A.Stanton,P.E. Robert W.Brown,L.S. Frank el A.Blackman,P.E"L.S. Mr. Bennett Orlowski hairman Frank J.Antetomaso,P.E. f Jr.,f Planning Department Town of Southold ASSOCIATES 53095 Main Road George A.Style,P.E. Southold, NY 11971 Jerry D.Almont,P.E. George L.Fagan,Jr.,Ph.D.,P.E. Frank Capobianco,C.E. Re: Cove Beach Estates Subdivision at East Marion Faui F.Stevens,Y.E. S.CT.M. No. 1000-22-3-15.1 and 18.3 Roger L.Cocchi,P.E. SBB No. 87139 Dear Mr. Orlowski : SPECIAL CONSULTANTS Thomas R.Pynchon,L.S. Prof.H.F.Soehngen,P.E.,L.S. Enclosed please find a Bond Estimate for the above referenced project, submitted by the developer and revised by SENIOR STAFF this office. Francis J.Lynch Philip Schlotxhauer If you have any questions regarding the above, please Joseph F.Stegman Contact this office. W-Iliam.T.Style Richard S.Weber Ralph Anderson,L.S. Very truly yours, A.Barton Cass,P.E. Fredric C.Griffiths,Jr.,L.S. Andriani Harris,P.E. Gregg G.Kelsey,P.E. Dane C.Kenny,P.E. - Howard W. P.S Richard P. luaah,P.E. VM:ls encl . 9 45 Manor Road Smithtown, New York 11767 • (516) 724-0611 235 East Jericho Turnpike . P.O. Eox 109 • Mineola, New York 11501 . (516) 746-2350 August 28, 1990 CONSTRUCTION COST ESTIM_A_T_E. Cove Beach Estates �� 2 9 at East Marion, T/O Southold Suffolk County, New York Item Description Otv & Unit Unit Price Total Clearing & Grubbing 7.8 Acre $2, 000. 00 $ 15, 600.00 Excay. , Backfill & Z- 50 60, Soo.oo Grading - Roads 24200 C.Y. 2. 09 8490-00.. Excay. , Backfill & Grading - Drainage Areas 10000 C.Y. 2.00 20, 000. 00 Fine Grading 15300 S.Y. 1.50 22,950. 00 4" Asphalt Pavement 3600 Tons 60. 00 216,000.00 4" Stone Blend or Conc. Blend 1700 C.Y. 40. 00 68, 000. 00 Concrete Curb 11520 L.F. 10.00 115,200. 00 18" Dia. CMP 3400 L.F. 20. 00 68, 000. 00 24" Dia. CMP 1083 L.F. 25.00 27, 075.00 10' Dia. Leaching Pool 3 Each 2, 000. 00 6,000.00 Catch Basins 19 Each 1,500.00 28, 500. 00 Manholes 10 Each 1,500.00 15, 000.00 Driveway Aprons 283 S.Y. 25.00 7, 075. 00 Topsoil & Seed 22200 S.Y. 2.50 55,500. 00 Conc. Monuments 15 Each 100.00 1,500. 00 Deep Fire Wells +.4 EA, 11 000.00 -40,000. 00 T-etal $71" 00- .. nt.. Net .. et Detegmined ** Underground Utilities Not Included STREET L16kvs 3 EA- f�aoo:oo 3p�.00 DiQPci" BU2iAL GgBC.:E 3,35o LF 1. 50 SoZS.oo s peer- TvgEs 103 6A. Zoo.00 ¢0 600.00 total $f5�5ZS.0o ' r / O i n ' � J • � i , Frank R. Ruml, Sr. 147 Can tont A". Staten Is'land, N. Y. 10314 JOK el /V. r 12, / r i .01 MAP of Lqr D M = EAST M/►7t 1 o N N.Y. J � L � 0 W V O OCT i 6 VW11 o < it 4% 1 A Fri •.RussEl x ,�I s c µ•� Russel. ;n1 � u A ,n r e OTTo-411iJR :� 1�1 f R.v,BROACHL V s� lb(I � e �\ o'i r X11 r i? F � i t 1 11 ° AN i� a �� If a 1 Z 1- 4 M • POND N I U --- - -1-•I ' �+ �kSv 11 I u Q i1 n u IS V 1� 11 1 SCALE 425' d e • • 1 1 Frank R. Russel, Sr. 147 Constant Ave. Staten Island, N. Y. 10314 FRANX .RUj%fL-FRoM REOaJc710N 133Y OTTO UH:JR. Jpq Iq�� Jwl.Y 26,i,FB! - -- ---- - ..•sic:'= _ uc >rc.o m o•rp 7 .__ _ s'1K A - \ 7 Cmffonf Av. ••Ket sq I_. �• y Z i = . \ S".Islmdr N. 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'1f weOeR TERRY I r1A�oi ® 4 / CO'TITY OF SUFFOLK 166- MS PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING October 9, 1990 Mr. Bennett Orlowski, Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Plat Name: Map of Cove Beach Estates Location: Northerly side of Main Road, New York State Route 25, approximately 1,776 feet easterly from Stars Road, East Marion, Town of Southold Dear Mr. Orlowski: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination; however, this shall not be construed that the Commission has either approved or disapproved this particular plat. Comments: The Final Map appears to be in accordance with the conditions of the previous recommendation of approval for the Cove Beach Subdivision. Very truly yours, Arthur H. Kunz Director of Planning S/s Frank Dowling, Senior Planner Subdivision Review Division File: S-SD-84-02.4 FD:mb pp OCT 1 1990 VETERANS MEMORIAL HIGHWAY HAUPPAUGE.L.L. NEW YORK 11788(5161360-5102 P& c Town Hall, 53095 Main Road F1 Telephone � , P.O. Box 1179 (516) 765-1801 .,/yol al � Southold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL September 25, 1990 TO Supervisor Harris and Members of the Town Board: The Conservation Advisory Council wishes to voice its support of the Town Board's initiative to acquire the Cove Beach Estates property situated in East Marion. This parcel is one Of Southold's largest undeveloped properties adjacent to Long Island Sound and contains a variety of unique and ecologically fragile natural features which make it worthy of preservation. The bits ificant feet of shoreline, bluffs, nd highly�egularnct habitats:and unique tore are pography.aphy. The siteely allso,000 contalinear more than 12 acres of pristine intertidal marsh adjacent to Dam Pond. There are 5 small ponds with fairy thick growths of vegetation surrounding them that provide a fringe habitat nd feeding grounds to numerous species of wildlife. Other habitat types found within the boundaries are a mature oak woodland forest and early succession fields. The subject parcel is also home ar three NYSDEC species listed as endangered, threatened, or of special concern is the state to including the osprey. There are also plant species on the site which are on the NY State Protected Plant Species list. The CAC believes that it is in the best interest of the town to acquire this property: It contains a unique mix of different types of habitats which support a high index of species diversity which in tum serves as a habitat for a variety of specialized wildlife species. In the future, the site may be used as a living laboratory for environmental eduction and can offer a number of recreational opportunities for town residents: nature trails for hiking, environmental education, aesthetic appreciation, and beach access. Thank you for your consideration of our comments. If the Conservation Advisory Council can be of further assistance in securing the purchase of this unique parcel, please contact us. 'ncerei , \a�� ynthia Sturner cc. Town Board Members ember Open Space Committee Planning Board OGS � EAST MARION FIRE DISTRICT M-S _ P.O. BOX 131 MAIN ROAD EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS Sept. 10,1990 Town of Southold Planning Board 53C95 1°lain Road Southold,N.Y. 110'71 Re:Cove Beach Estates Gentlemen: Please be advised that test hole data for the above project is the only additional information needed at this time to determine the type of pump and depth for the firewells. Very truly r C w l os ph Cherepo ich SEP 1 3 1C_" swrpt,6' EAST MARION FIRE DISTRICT' � FR■. � P.O. BOX 131 • MAIN ROAD M EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS Sept. 1C,1°9C Town of Southold Planning Board 53C95 Main Road Southold,N.Y. 'I'19TI Re:Cove Beach !,,States Gentlemen: Please be advised that test hole data for the above project is the only additional information needed at this time to determine the type of pump and depth for the firewells. Very truly _ �o ich / os ph Cherepo ich 914go MQ. C'hece�aw ; �� carne �o o � ani wqS w w haL � e -lest i c�FFOIk Town luau, 5303 Main Road ' P.O. Box 1179 Soudwld, New York ��y_ � �t' 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Bennett Orlowski, Jr. , Chairman Southold Town Planning Board P-0-Box 1179 Southold, New York 11971 Re: doves BEACH r s`r> SCTM No. 1060 . ;z s.8. File No. Dear Mr. Orlowski, Jr. , It is estimated that the cost of reviewing to application as per your letter of exceed. No work in excess of that amount will be undv:,°_s. office unless so authorized by the Planning Board Please notify this office in writing. if you w3 ; undertake the review. zuly 1' t . bert W. Southold Town Planning Board Facsimile Number: 765-1823 tc` fit' JL ) 1 PLANNING BOARD MEMBERS ' C ^ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman sY . ��; Supervisor George Ritchie Latham, Jr. ' Richard G. Ward t� Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 11, 1990 Joseph Cherepowich East Marion Fire District P.O. Box 131 Main Road East Marion RE: Proposed subdivision of Cove Beach Estates SCTM# 1000-22-3-18. 3, 15.1 Dear Mr. Cherepowich: The Planning Board awaits an indication as to what additional information besides test hole data you will need in order to make your determination for firewells for the above mentioned subdivision. This information is necessary for the Planning Board to complete the bond estimate for this subdivision. Very truly yours, an Bennett Orlowski, Jr. !h[S Chairman enc. PLANNING BOARD MEMBERS 1 t : SCOTT L. HARRIS a✓ Bennett Orlowski, Jr., Chairman .7y � _.�� Supervisor George Ritchie Latham, Jr. Richard G. Ward Town HaII, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 7t_tly 13, 1990 Joseph Cherepowich East Marion Fire District P.O. Box 131 Main Road East Marion, New York 11939 RE: Proposed subdivision of Cove Beach Estates SCTM#1000-22-3-18.3, 15.1 Dear Mr. Cherepowich: The Planning Board reviewed your letter of July 5th. Please indicate what additional information besides test hole data you will need in order to make your determination. You prompt response would be appreciated. Very truly yours, Bennett Orlowski, Chairman f j �oinw irk ) r 0, fit , Ills ' ' I # ✓s res P.O. BOX 131 • MAIN ROAD EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS July 5,1990 Town of Southold Planning Board 53095 Main Road P.O.Box 11'79 Southold,N.Y. 119?1 Re:Cove Beach Estates Dear Ms. Scopaz: This is in response to your question of the need of shallow or deep wells at the above cited subdivision. At this time it cannot be determined which is needed. Once test borings are completed, it will be determined what the depth to water is, the supply and other pertinent information which will help in deciding which is needed to meet our supply for fire fighting purposes. Very truly y �s , /0� eh Cherepoy/'ich Z TO: Matt Kiernan, Assistant Town Attorney FROM: Melissa Spiro, Planning Staff/!Yf RE: Cove Beach Estates SCTM# 1000-22-3-15. 1, & 18. 3 DATE: September 11, 1990 As requested, please find below a list of outstanding items for the above mentioned subdivision proposal based on the information in the file as of today. 1. The Planning Board awaits the Town Engineer' s review of the bond estimate. The applicant's bond estimate was submitted to the engineer for review on September 5, 1990. Once the bond estimate is approved by the Engineer and the Planning Board, it will be forwarded to the Town Board for adoption. 2. The Planning Board needs a determination by the East Marion Fire District as to the depth of the fire well. See enclosed copies of correspondence. 3 . Upon receipt and review of a report from the Suffolk County Planning Commission, the Planning Board will determine whether Covenants and Restrictions will be required. 4 . As requested by the Planning Board on September 5, 1990, a detail of the standard 24 ft. wide pavement for a major subdivision is required to be shown on the final maps. 5. A Lot Line application for the parcel to be conveyed by Otto Uhl, Jr. to Harold Reese, Sr. has to be submitted to this office. This application has to be processed before the final hearing on the major subdivision can be set because this application will change boundaries of the major subdivision. 6. Revised final maps (six paper prints and two mylars) with a valid stamp of Health Department approval for the major subdivision (including the lot line change) must be submitted. 7. A draft Documentation of the Homeowner' s Association must be submitted for review by the Planning Board and the Town Attorney. This document must be filed prior to any endorsement of the subdivision map by the Planning Board Chairman. Until these items are addressed, my understanding is that the Planning Board cannot proceed to set a final hearing. Please contact me if you have any questions regarding the above. enc. f PLANNING BOARD MEMBERS a5q` SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman .. �! .✓z ._'; Supervisor George Ritchie Latham, Jr. Richard G. Ward 3 '� Town Hall, 53095 Main Road "�� Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 11, 1990 Joseph Cherepowich East Marion Fire District P.O. Box 131 Main Road East Marion RE: Proposed subdivision of Cove Beach Estates SCTM# 1000-22-3-18. 3 , 15. 1 Dear Mr. Cherepowich: The Planning Board awaits an indication as to what additional information besides test hole data you will need in order to make your determination for firewells for the above mentioned subdivision. This information is necessary for the Planning Board to complete the bond estimate for this subdivision. Very truly yours, can Bennett Orlowski, Jr. 121S Chairman enc. c-. PLANNING BOARD MEMBERS vy SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman °1,f. ' ,�, " ,.�Z' Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 ,fitly 13 ,. 1990 Joseph Cherepowich East Marion Fire District P.O. Box 131 Main Road East Marion, New York 11939 RE: Proposed subdivision of Cove Beach Estates SCTM#1000-22-3-18 .3, 15. 1 Dear Mr. Cherepowich: The Planning Board reviewed your letter of July 5th. Please indicate what additional information besides test hole data you will need in order to make your determination. You prompt response would be appreciated. Very truly yours, Bennetowskia���j6�S Chairman v ✓s pis P.O. BOX 131 MAIN ROAD EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS July 5,1990 Town of Southold Planning Board 53095 Main Road P.O.Box 1179 Southold,N.Y. 11971 Re:Cove Beach Estates Dear Ms. Scopaz: This is in response to your question of the need of shallow or deep wells at the above cited subdivision. At this time it cannot be determined which is needed. Once test borings are completed, it will be determined what the depth to water is, the supply and other pertinent information which will help in deciding which is needed to meet our supply for fire fighting purposes. Very truly N yyf�ps , cseh Cherepoich • .Y ?, :j1 PLANNING BOARD MEMBERS 1 " SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ly ') Supervisor George Ritchie Latham, Jr. "., � , J •d Richard G. Ward T � 1 'I�r Town Hall, 53095 Main Road Mark S. McDonald V"'�= '� P.O. Box 1 179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 5, 1990 Kenneth F. Abruzzo Young & Young 400 Ostrander Avenue Riverhead, New York 11901 RE: Cove Beach Estates SCTM# 1000-22-3-15.1, & 18. 3 -Dear Mr. Abruzzo: Enclosed is a copy of a report dated August 28, 1990, from the office of Sidney B. Bowne & Son. As requested in the report, please include a detail of the standard 24 ft. wide pavement for a major subdivision on the final maps. Please contact this office if you have any questions regarding the above. Very truly yours, BennettOrlowski,( Chairman enc. cc: Kenneth C. Coenen CMAE SIDNEY B. BOWNE & SONN PT FOUNDER �+� Lz Sanay 9.Bowna,P.E.,L.S. ,a IC (1922-1959) I�_� I& t� August 28, 1990 PARTNERS cheater C."Isey.P.E.,L.S. Rob*nA,Stanton,P.E. I Robert W.Brown,L.S. zaba,et,L8WOrran,P.E.,L.S. Mr. Bennett Orlowski , Jr., Chairman Prank J.Anbtorraso,P.E. Planning Board Town of Southold 53095 Main Road A�SDOIATES .wrye A.Style,P.E. Southold, NY 11971 .arry D.Almon,P.E. ,•ar9aL.Fallen,Jr..Ph.D..P.E. Re: Cove Beach Estates at East Marion F.St ..P.E. E' S.C.T.M. No. 1000-22-3-15.1 and 18.3 `•aW F.Stevens,P.E. 'agar L.coaCAI.P.E. SBB No. 87139 Dear Mr. Orlowski : r'rr'!AL CONSULTANTS --=Tao N.Pyncbon,L.S. We have reviewed the most recent submission of grading and ,T N.F.SaeAn9an,P.E.,L.S. drainage plans for the above referenced project (dated 6-28-90) and find them to be acceptable, with the following exception: ^R STAFF -1-11a J.Lynn "-1'a 51AlottAauar The plans should provide a detail of the standard 24 ft. wide ...an F.St.,... pavement for a major sudivision. NI1T L 5lyne �cnerd a.wooer Yon Anderson,L.S. If you have any questions, please contact this office. ..i!anon Casa.P.E. .Ir¢C.Gnht As,Jr.,L.S. Very truly yours, -xam Name,P.E. •'p2 G.cabay.P.E. . .ne C.canny.P.E. ..ora W.Miller.P.E. cnara P.Siutean,P.E. VINCENT MARI NDA VM:ls 45 Manor Road Smithtown, New York 11787 . (516) 724-0611 235 East Jericho Turnpike • P.O.Boa 1o9 • Mineola, New York 11501 • (516) 746.2350 J � , PLANNING BOARD MEMBERS t' r r° SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y�r 7. - Supervisor George Ritchie Latham, Jr. Richard G. Ward '� Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 5, 1990 Kenneth F. Abruzzo Young & Young 400 Ostrander Avenue Riverhead, New York 11901 RE: Cove Beach Estates SCTM# 1000-22-3-15. 1, & 18. 3 -Dear Mr. Abruzzo: Enclosed is a copy of a report dated August 28, 1990, from the office of Sidney B. Bowne & Son. As requested in the report, please include a detail of the standard 24 ft. wide pavement for a major subdivision on the final maps. Please contact this office if you have any questions regarding the above. Very tr�u/lyy yours, Bennett Orlowski, Jr. Chairman enc. cc: Kenneth C. Coenen MUWNE GID „Minsm.-,•.mmTPT±k.^.+a®x1�wr�elMm.,MM+FMNR..Pr..1�A9 SIDNEY B. BOWNE & SON FOUNDER -S46R(F S,dney 8.Bow..,P.E.,L.S. �a� )1922-1959) MS August 28, 1990 PARTNERS Chester C.xelsey.P.E.,L.S. Robam A.Stanton,P.E. RP bark W.Brown,L.S. 71Ed,01 A-Blackman,P.E.•L.S. Mr. Bennett Orlowski , Jr., Chairman Frank J.A.Mornaso,P.E. Planning Board Town of Southold <"OC,ATES 53095 Main Road ..P„e A.Style,P.E. Southold, NY 11971 ,.Cry D.Almont,P.E. L.Fag,.,Jr..Ph.D.,P.E. Re: Cove Beach Estates at East Marion Clank Caoobunco,C.E. WF.St...no,P.E. S.C.T.M. No. 1000-22-3-15.1 and 18.3 •logs L.Cocch,,P.E. SBB No. 87139 Dear Mr. Orlowski : >FC,AL CONSULTANTS -,mas R.Pyncnon,L.S. We have reviewed the most recent submission of grading and drainage plans for the above referenced project (dated 6-28-90) '�R STAFF and find them to be acceptable, with the following exception: v^us J.LynCn ".P Schlotahauer The plans should provide a detail of the standard 24 ft. wide -..onF.Sta,maA pavement for a major sudivision. .ym.rn r.Style, �mnara B.Weber `•1on Anderson,L.S. If you have any questions, please contact this office. ..Harlon Cue,P.E. Pc c.unJr L.S. P.E. r trulyours, -nr.am parrs, .EE. Y Y •'•aa G."bay.P.E. .no C.6.nn”P.E. -1--ld M,Rer,P.E. I , •.chard P.P.Slutzah,P.E. /� II11 J111r7-Pt�J VINCENTND� VM:ls 45 Manor Road Smithtown, New Yolk 11787 . (516) 724-0611 235 East Jericho Turnpike . P.O.Box 109 • Mineola, New York 11501 . (516) 746-2350 Town Hall, 53095 Main Road %,� '� SCOTT L. HARRIS P.O. Box 1179 y q Supervisor Southold, New York Oen �� Fax (516) 765-1823 11971 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD geP�tQtnbe� S , \c�q0 Robert W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11787 Dear Mr. Brown The Southold Town Planning Board hereby refers the following application to your office for review. Application Name: Code_ C'Sjti�eS Tax Map No. : tone - 9.Z- 3-Is.t + \K.3 Bowne File No. : 87139 Hamlet Location: Bas-k Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated / / ) Final Subdivision Map (Dated Road Profiles (Dated Gradin and Draina a Plans (Dated / ) Other (Dated }p/ 02� /90 ) �T Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated / / ) Grading and Drainage Plans (Dated Other (Dated / / ) Please develop an estimate of what it will cost to and rtake the fol owing review of the enclosed plan (s) : AD - Enter the cost estimate on the enclosed reply sheet, then send its facsimile to this office. If the Planning Board wishes you to proceed with the review, it will send a facsimile of a purchase order authorizing the work to be done. . The actual purchase order will be sent through the mail. If there are any questions, please contact Planning Staff. Very Truly Yours, Bennett Orlowski Jr. 1 Chairman cc: -Ray jaeGbs, Highway Dapar-twQRt YOUNG 9� YOUNG • 3 U AFI is 400 08TRANDER AVENUE V5 RIVERHEAD, NEW YORK rigor 616-727-2303 ALDEN W.YOUNG FAX 616-727-0144 HOWARD W.YOUNG A,ofe"wma Engv %%Land 8 .nmyoc Lona & .veyoe August 28 , 1990 Town of Southold Planning Department Main Road Southold, New York 11971 ATTN: Ms. Melissa Spiro RE: COVE BEACH ESTATES at East Marion, T/O Southold, New York (85-0888) Dear Ms. Spiro: Enclosed herewith is a copy of the Construction Cost Estimate prepared for Cove Beach Estates. Very truly yours, &�2ewz" e. 4vcc" Thomas C. Wolpert, P.E. TCW/sjt Encl. cc: Mr. Harold Reese, Jr. + Encl. Kenneth C. Coenen, AICP + Encl. August 28, 1990 CONSTRUCTION COST ESTIMATE Cove Beach Estates at East Marion, T/O Southold Suffolk County, New York Item Description Qty & Unit Unit Price Total Clearing & Grubbing 7.8 Acre $2, 000. 00 $ 15, 600. 00 Excay. , Backfill & Grading - Roads 24200 C.Y. 2 . 00 48, 400. 00 Excay. , Backfill & Grading - Drainage Areas 10000 C.Y. 2 . 00 20, 000. 00 Fine Grading 15300 S.Y. 1. 50 22 , 950. 00 4" Asphalt Pavement 3600 Tons 60. 00 216, 000. 00 4" Stone Blend or Conc. Blend 1700 C.Y. 40. 00 68, 000. 00 Concrete Curb 11520 L.F. 10. 00 115, 200. 00 18" Dia. CMP 3400 L.F. 20. 00 68, 000. 00 24" Dia. CMP 1083 L.F. 25. 00 27, 075. 00 10' Dia. Leaching Pool 3 Each 2, 000. 00 6, 000. 00 Catch Basins 19 Each 1, 500. 00 28, 500. 00 Manholes 10 Each 1, 500. 00 15, 000. 00 Driveway Aprons 283 S.Y. 25. 00 7, 075. 00 Topsoil & Seed 22200 S.Y. 2 . 50 55, 500. 00 Conc. Monuments 15 Each 100. 00 1,500. 00 Deep Fire Wells Total $714,800. 00 * Qty. Not Yet Determined ** Underground Utilities Not Included ROWNE SIDNEY B. BOWNE & SOON •� FOUNDER :S-q6 IL{, Sidney B.Gowns,P.E.,L.S. a♦ (1922-1959) MS August 28, 1990 PARTNERS Cheater C.Kelsey,P.E.,L.S. Robert A.Stanton,P.E. Rabert W.Brown,L.S. zabdielA.Blackman,P.E.,L.S. Mr. Bennett Orlowski , Jr., Chairman Frank J.Antetomaao,P.E. Planning Board Town of Southold ASSOCIATES 53095 Main Road George A.Style.P.E. Southold, NY 11971 Jerry D.Almont,P.E. George L.Pagan, h.,Ph.D.,P.E. Re: Cove Beach Estates at East Marion Prank Capobianco,C.E. Paul F.Stevens,P.E. S.C.T.M. No. 1000-22-3-15.1 and 18.3 Roger L.Cocchi,P.E. SBB No. 87139 Dear Mr. Orlowski : SPECIAL CONSULTANTS Thomas R.Pynchon,L.S. We have reviewed the most recent submission of grading and Prof.H.F.Soehngen,P.E.,L.S. drainage plans for the above referenced project (dated 6-28-90) and find them to be acceptable, with the following exception: SENIOR STAFF Francis J.Lynch Philip Schlotzhauer The plans should provide a detail of the standard 24 ft. wide Joseph F.Stagman pavement for a major sudivision. William T.Stype Richard B.Weber Ralph Anderson,L.S. If you have any questions, please contact this office. A.Barton Cass,P.E. Fredric C.Griffiths,Jr.,L.S. Very truly yours, Andriam Harris,P.E. Gregg G.Kelsey,P.E. Dane C.Kenny,P.E. Howard W.Miller,P.E. Richard P.Slutzah,P.E. MARIGU Q N VM:ls AUG 31 1990 45 Manor Road Smithtown, New York 11787 • (516) 724-0611 235 East Jericho Turnpike • P.O. Box 109 • Mineola, New York 11501 • (516) 746-2350 • YOUNG %� YOUNG JU�FI( 400 OSTRANDER AVENUE Ij RIVERHEAD, NEW YORK uyol 618-727-2303 ALDEN W.YOUNG FAX 518-727-0144 HOWARD W.YOUNG Peofa for at Enyiueeo 9F Lo,id Surveyor Iavl Surveyor August 28 , 1990 Town of Southold Planning Department Main Road Southold, New York 11971 ATTN: Ms. Melissa Spiro RE: COVE BEACH ESTATES at East Marion, T/O Southold, New York (85-0888) Dear Ms. Spiro: Enclosed herewith is a copy of the Construction Cost Estimate prepared for Cove Beach Estates. Very truly yours, e. woel"O� Thomas C. Wolpert, P.E. TCW/sjt Encl. cc: Mr. Harold Reese, Jr. + Encl. Kenneth C. Coenen, AICP + Encl. August 28, 1990 CONSTRUCTION COST ESTIMATE Cove Beach Estates at East Marion, T/O Southold Suffolk County, New York Item Description Otv & Unit Unit Price Total Clearing & Grubbing 7.8 Acre $2, 000. 00 $ 15, 600.00 Excay. , Backfill & Grading - Roads 24200 C.Y. 2 . 00 48,400. 00 Excay. , Backfill & Grading - Drainage Areas 10000 C.Y. 2 . 00 20, 000. 00 Fine Grading 15300 S.Y. 1.50 22 ,950. 00 4" Asphalt Pavement 3600 Tons 60. 00 216, 000. 00 4" Stone Blend or Conc. Blend 1700 C.Y. 40. 00 68, 000. 00 Concrete Curb 11520 L.F. 10. 00 115, 200. 00 18" Dia. CMP 3400 L.F. 20. 00 68, 000. 00 24" Dia. CMP 1083 L.F. 25. 00 27, 075.00 10' Dia. Leaching Pool 3 Each 2, 000. 00 6, 000. 00 Catch Basins 19 Each 1,500. 00 28, 500. 00 Manholes 10 Each 1, 500. 00 15, 000. 00 Driveway Aprons 283 S.Y. 25. 00 7, 075. 00 Topsoil & Seed 22200 S.Y. 2 .50 55, 500. 00 Conc. Monuments 15 Each 100. 00 1,500. 00 Deep Fire Wells Total $714,800. 00 * Qty. Not Yet Determined ** Underground Utilities Not Included =✓,,f J1,(r: P PLANNING BOARD MEMBERS l t ^ • SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman , c%, t1` -,0, Supervisor George Ritchie Latham, Jr. Richard G. Ward - Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938. TOWN OF SOUTHOLD Fax (516) 765-1823 14 ,1990 Suffolk County Planning Commission H. Lee Dennison Executive Office Building -12th Floor Veterans Memorial Highway Hauppauge, NY 11788 Fronk 'Obwl%vmt Sa. �IanrKR ATT: n�.aE _ . r : ,a , � r-- �r Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of cue '?5nnel,. &4bAye Hamlet/Locality Ensi ! I Wc%oN S.C.D.P.W. Topo No. : Zoning Igloo S.C. Tax Map No. : 1000 - 2a - 3 - IS. I #- If?, 3 Major Sub. _Minor Sub. Site Plan Cluster 1K MATERIAL SUBMITTED: (6127140� �27�90 I pr F;N LY 61 90 —Plat ( 3 copies) Road Profiles ( 1) �1�9Igo Drainage Plans ( 1) X Topographical Map (1) Site Plan ( 1) Grading Plan ( 1) Other Materials [(specify and give number of copies) �AAn�N�n�Octt a Q2So(U htm a pt;,�� � tNCI s SVCevne,^t C� Waiver of Subdivision Requirements - See attached sheet CONTINUED Town Hall. 53095 :blain Road P.O. Box 1179 Southold. New York 1 1971 TELEPHONE (5l 6)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 18, 1989 �Cenlleth C. Coenen P.O. Box 308 Manorville, NY 11949 RE: Cove Beach Estates S=4 41000-22-3-15.1 &18. 3 Dear Mr . Coenen: The following action was taken by the Southold Town Planning on Monday, August 14, 1989 . RESOLVED that the Southold Town Planning Board adopt the Findings Statement dated July 10, 1989. Upon receipt of revised maps incorporating the recommendations of the Findings Statement, which was adopted on August 10, 1989, the Planning Board will continue their review on this major subdivision. IE you have any questions, please do not hesitate to contact this office. y truly youzs.,� PY3T ORLC �CHAZAN enc. it JI-xi! j . -,..i State Environmental Quality Review FINDINGS STATEMENT Pursuant to Article 8 (State Environmental Quality Review Act - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617, the Planning Board of the Town of Southold as lead agency, makes the following findings. Name QtA ion: Cove Beach Estates Descri tionofAction: The action involves the proposed subdivision of a 96.3847 acre parcel of land zoned Residential "A" into 34 single family lots. There are also provisions for the construction of roads and drainage systems as well as the preservation of a portion of the site in open space and passive park. Location: The action is located on the north side of Main Road (NYS Route 25), west of Dam Pond, in the hamlet of East Marion, Town of Southold, Suffolk County, New York. The parcel fronts on Long Island Sound. It can be further defined as Suffolk County Tax Map Numbers 1000-22-3-15.1 & 18.3. A en Iurisdiction(s), The Planning Board of the Town of Southold, as the preparer of these 'findings, has jurisdiction over the application for the subdivision of the parcel. Date Final EIS Filed: July 10, 1989 Page 1 of 6 - Cove Beach Estates Statement of Findings Facts and Conclusions in the EIS Relied&on to Support the Decision: During the coordinated review of the Draft EIS numerous substantive comments were received from other involved agencies, civic groups and individuals. In addition, after the Final EIS was filed and circulated for public consideration two letters were received regarding the Final EIS, from the Suffolk County Department of Health Services and the North Fork Environmental Council, both dated July 20, 1989. The above referenced substantive comments, the relevant issues contained within the two letters and the facts and conclusions contained within the EIS, are used in consideration of the preparation of these findings, and summarized as follows: Surface Water/Wetlands: The site contains both tidal and freshwater wetlands. The tidal wetlands were flagged by the NYSDEC in 1984 and this line has been placed on the proposed plot layout. This line corresponds to conditions in the field. Freshwater wetlands are contained within three areas of the parcel. One of these areas, the largest, is proposed to be preserved in part of the open space land provided for in the subdivision. The other two areas, immediately east and west of the existing paved roadway, should be protected/preserved utilizing techniques such as; inclusion into the open space network, chane in lot lines to provide sufficient setbacks, and/or through the use of restrictive covenants. No activity will be permitted within 100 feet of any natural freshwater wetlands. This condition will be imosed at the time of subdivision through the filing of necessary assurances and�or covenants. In the case of the small man-made depression west of the existing road, some disturbance in this area may be necessary in order construct the main access road and maintain the necessary setback from natural wetlands. If impacts to a portion of this area are necessary, mitigation in the form of the creation of suitable wetland habitat will be required. The wetlands to be created shall be at least four (4) times the area of the wetlands that will be disturbed. Suitable area for wetland creation exists in the vicinity of the drainage area, and the open space area, west of the man-made depression. Plans must be provided by the applicant and prepared by a licensed engineer or landscape architect; to address the area of wetland creation, grading, water source(s), plantings, etc. These plans, as well as appropriate assurances for the wetland creation must be submitted to and approved by the Town prior to the issuance of final approvals on the subdivision. Such a condition will mitigate the loss of the environmental benefits of the existing man-made wetland,west of the proposed access road. The site contains significant tidal and freshwater wetlands. These areas and the areas adjacent to the wetlands are among the most sensitive and environmentally valuable habitats the site. The Final EIS explored the sensitivity of these areas and the potential impacts associated with site development. In addition, comments on the Final EIS expressed significant concerned over the adequate protection of these areas. The project which was the subject of the Draft EIS, was found to encroach upon sensitive wetlands on the site, through violation of minimum setback requirements as required Page 2 of 6 Cove Beach Estates Statement of Findings under New York State wetlands regulations. As a result, the Final EIS contained a design alternative which sought to comply with regulations and provide additional setbacks from wetlands. It is herein determined that additional measures are needed to minimize environmental impacts to the maximum extent practicable. The EIS contains mitigation such as the use of restrictive covenants to limit clearing and locate structures, as well as the relocation of lot lines and reduction of the size of larger lots, thereby providing for greater land area to be included within the open space and wetland setback areas. In addition the relocation of some of the lots, to other portion of the site is also an appropriate measure to create additional open space and protect wetland areas. The importance of these measures will be further discussed herein as related to individual impact areas. Groundwater.• It has been demonstrated, throu&h on site sampling and analysis, that the groundwater underlying the site is of satisfactory quality to provide potable water to the future residents of the subdivision from on site wells. In addition to the water quality analyses, groundwater elevations were established around the site. Some areas of high groundwater were identified. However, these areas are associated with the wetland areas, the conditions discussed above in the surface waters/wetlands section will also address any impacts which could occur from construction in areas of high groundwater. Information provided in the Final EIS also demonstrated that the implementation of the project at the proposed density will not cause a significant elevation in the existing level of nitrogen in groundwater underlying the site. Topography: Certain areas of the project site have areas of steep slopes,with the primary area of concern located adjacent to Long Island Sound. While none of the areas proposed for development are presently in active recession, the potential for erosion does exist if uncontrolled site development is allowed to occur. The proposed site development plan provides deep lots along Long Island Sound in order to allow for sufficient setbacks from the sound front slope areas. Additional conditions were considered in the Draft EIS and recorded in comments on the various documents. These include, but are not limited to: site grading plans at the time of building permits, limiting and controlling of access in areas of steep slopes (particularly on the slopes adjacent to Long Island Sound), restrictive covenants to limit clearing and locate structures, definition of building envelopes to avoid steep slope areas, containment of runoff from impervious surfaces and the relocation of lots and/or property lines to avoid construction on steep slope areas. These mitigation measures should be employed in connection with consideration of the subdivision map. Page 3 of 6 Cove Beach Estates Statement of Findings Vegetation: The site presently has a mix of vegetation types and habitats, with a majority of the site being wooded. The existing vegetation of site is important in terms support of area wildlife, as well as other natural resources and site aesthetics. While it is recognized that clearing will be necessary to undertake the proposed use, the amount and location of the clearing must be controlled. The above discussions on surface waters/wetlands and topography outline certain conclusions and mitigation measures contained within the EIS. These are also appropriate to prevent significant impacts to the vegetation found on site. In addition to the above, restrictive covenants should be filed on each lot which would limit the amount of clearing on each lot depending on its size. The standards for the maximum Percent of clearing, as related to the square footage of the lot, is contained within the EIS. For those areas of the lots which will be cleared for construction, a minimum amount of turf and fertilizer dependant plant species should be installed during landscaping. Restrictions could be placed on the development of the subdivision to utilize native and near native plant species during landscaping. The above mitigation not only will help to restore the natural vegetation lost during construction, but will also reduce the potential for groundwater impacts from the use of lawn and garden fertilizers. Public Access/Open Space: Public access to the waterfront is appropriate and is to be provided in the northeast corner of the site. This proposed area provides access to both Long Island Sound and Dam Pond. This access point will be for passive use,with no access by motorized vehicles. As the area is also in close proximity to a wetland area, only minimal improvements to provide pedestrian access should be allowed. These improvements should avoid sensitive areas of the adjoining open space. The location and type of such improvements must be approved by the Town prior to final approvals and construction. As discussed above the wetland areas and their surrounding habitats should be protected and preserved. The relocation of lots and lot lines provide the opportunity to protect these resource's integrity. The most sensitive portion of the site in terms of natural habitat area and tidal and freshwater wetlands, is adjacent to Dam Pond and the associated wetlands. Accordingly, the maximization of open space in these areas should be strongly considered. Such a measure would provide an expansive open space continuum, which includes the passive recreation area and the designated open space on site, coupled with the Dam Pond area and adjacent large lots in the vicinity. The alternate design plan included in the Final EISprovided some measures to mitigate impacts, in response to comments on the proposed project; however, additional measures including relocation of lots, and further reduction of lot sizes, are also appropriate in order to maximize the preservation and enhancement of open space. Page 4 of 6 C Cove Beach Estates Statement of Findings Revised Subdivision Map: A revised subdivision map wasprepared during the SEQR procedure. This map is included in Appendix B of the Final EIS and discussed in Appendix F of that same document. The alternate plan was devised by the applicant and submitted in response to many of the comments which were raised during the comment period on the Draft EIS. The alternate plan results in many improvements which relate to the protection of natural resources. It is noted that the cul-de-sac to the northeast of the site has been removed thereby limiting wetland encroachment and eliminating the previous direct discharge of stormwater runoff to the wetlands. Lot frontages on lots 1 through 13 have been reduced in order to provide adequate setbacks from wetlands. Some lot sizes have been reduced in order to maximize the preservation of open space. It is documented within the record on the Final EIS for Cove Beach Estates that the wetlands and adjacent areas to Dam Pond contain extreme environmental sensitivity. It has also been documented that the retention and preservation of open space in environmentally sensitive areas of the site, is essential to the protection of natural and cultural resources. The Final EIS also provides information of the potential for impacts to occur as a result of disturbance of steep slope areas, with extreme ramifications expected adjacent to wetland areas. Accordingly, the further alteration of the revised subdivision map through relocation of lots adjacent to the Dam Pond wetland and open space area, and the further reduction of lots sizes in the vicinity of steep slopes and wetlands, is appropriate. In the northwest comer of the property a cul-de-sac is proposed that is partially off of the applicants property. Prior to the final approval, consent from the adjoining property owner(s) must be presented to the Town, in a form suitable to the Town Attorney,which authorizes the cul-de-sac to be constructed as proposed. Failure to provide such documentation will necessitate the realignment of the subdivision road layout. It is the conclusion of these findings that the revised subdivision map addresses many of the concerns and potential impacts which were associated with the proposed action. The measures included herein seek to minimize the impacts of the project to the maximum extent in consideration of the environmental sensitivity of the site, balanced with the needs and objectives of the Town as determined through land use planning and environmental documents and policy, as well as the objectives of the project sponsor. Therefore, the further consideration of the revised map (alternative design), with the incorporation of the above findings is appropriate. Page 5 of 6 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ® Supervisor George Ritchie Latham, Jr. Richard G. Ward �01 Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 A-jgust 1, 1990 Kenneth F. Abruzzo Young & Young 400 Ostrander Avenue Riverhead, New York 11901 RE: Cove Beach Estates SCTM# 1000-22-3-15.1, & 18. 3 Dear Mr. Abruzzo: The Planning Board reviewed the Final Road and Drainage plan for the above mentioned subdivision at their last work session. The plans have been submitted to Sidney B. Bowne and Son for review. The Final Road and Drainage plan shows that a small parcel in the corner of Lot 28 is to be conveyed by Otto Uhl, Jr. to Harold Reese, Sr. It is necessary that a Lot Line application be submitted to this office for this to take place. An application packet is enclosed for your assistance. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman S�EFOIr MS hN .t PLANNING BOARD MEMBERS SCOTT L HARRIS Bennett Orlowski, ]r., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town 14a11, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 763.1823 Bennett Orlowski, Jr. , Chairman. Southold Town Planning Board P.O.Box 1179 Southold, New York 11971 r Re: croVrwf36,0 11 C�.S SCTM No. I000-zZ 3- fS f 18.3 S.B. File No. 67131 Dear Mr. Orlowski, Jr. , It is estimated that the cost of reviewing the above-noted application as per your letter of J uL.1 ,gyp 19`ge should not exceed $ 3ao No work in excess of that amount will be undertaken by this office unless so authorized by the Planning. Board in writing. Please notify this office in writing if you wish us to undertake the review. e TCW. Br R bert Southold Town Planning Board Facsimile Number: 765-1823 - y 1 � 3 Town Hall, 53095 Main Road a : ': ^ SCOTT L. HARRIS P.O. Box 1179 y� �1, - .� Supervisor Southold, New York yy Fax (516) 765-1823 11971 �� t J.a Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ZQ\j 30 , l 9 90 Robert W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11787 Dear Mr. Brown The Southold Town Planning Board hereby refers the following application to� your ( office for review. Application Name: l:Oye Be Tax Map No. : IGOO- 22- 3-15.1 d• IT.-3 Bowne File No. :- 27 1 3 q Hamlet Location: Fgsfi /Ylar.on) Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated X Final Subdivision Map (Dated 6 / a7 /9 O ) I Road Profiles (Dated L / 2$ /Qo ) X Grading and Drainage Plans (Dated L / 2P /qo ) Other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Drainage Plans (Dated Other (Dated / / ) Please develop an estimate of what it will cost to undertake the following review of the enclosed plan (s) : Enter the cost estimate on the enclosed reply sheet, then send its facsimile to this office. If the Planning Board wishes you to proceed with the review, it will send a facsimile of a purchase order authorizing the work to be done.. The actual purchase order will be sent through the mail. If there are any questions, please contact Planning Staff. Very Truly Yours, Bennett Orlowski, Jr. Chairman cc: Ray Jacobs, Highway Department PLANNING BOARD MEMBERS ! SCOTT L. HARRIS Benne[[ Orlowski, Jr., Chairman BYO Supervisor George Ritchie Latham, Jr. Richard G. Ward �1 �� Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board P.O.Box 1179 Southold, New York 11971 Re: SCTM No. S.B. File No. Dear Mr. Orlowski, Jr. , It is estimated that the cost of reviewing the above-noted application as per your letter of 19 should not exceed. $ ' No work in excess of that amount will be undertaken by this office unless so authorized by the Planning Board in writing. Please notify this office in writing if you wish us to undertake the review. Very Truly Yours, Robert W. Brown Southold Town Planning Board Facsimile Number: 765-1823 d f R SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM#: COMMENTS: 4 2 4 s 1 � �FFOIX PLANNING BOARD MEMBERS t�J� ` T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman yQ `® Off' Supervisor George Ritchie Latham, Jr. �Ql Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 ,7i_tly 13; 1990 Joseph Cherepowich East Marion Fire District P.O. Box 131 Main Road East Marion, New York 11939 RE: Proposed subdivision of Cove Beach Estates SCTM#1000-22-3-18. 3, 15.1 Dear Mr. Cherepowich: The Planning Board reviewed your letter of July 5th. Please indicate what additional information besides test hole data you will need in order to make your determination. You prompt response would be appreciated. Very truly yours, Bennett Orlowski,d ,�j� Chairman i 11y 5ll�L.E EAST MARION FIRE DISTRICT' P.O. BOX 131 MAIN ROAD EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS July 5,1990 Town of Southold Planning Board 53095 Main Road P.O.Box 1179 Southold,N.Y. 119'71 Re:Cove Beach Estates Dear Ms. Scopaz: This is in response to your question of the need of shallow or deep wells at the above cited subdivision. At this time it cannot be determined which is needed. Once test borings are completed, it will be determined what the depth to water is, the supply and other pertinent information which will help in deciding which is needed to meet our supply for fire fighting purposes. Very truly y s , os h Cherepo ' ch 4 ' 1.4.S PLANNING BOARD MEMBERS '. rn SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �Yv Cly Supervisor George Ritchie Latham, Jr. Richard G. Ward �1 Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 July 2, 1990 Joseph Cherepowich East Marion Fire District P.O. Box 131 Main Road East Marion, New York 11935 RE: Fire well location for Cove Beach Estates SCTM #1000-22-3-15. 1 Dear Mr. Cherepowich: Your correspondence of June 6, 1990 did not specify whether the four electric wells are to be deep or shallow wells. Attempts to reach you at the Fire House have been unsuccessful. Please call this office with the information at your earliest convenience. Very truly yours, ��- Valerie Scopaz Town Planner .,auinrrr VS EAST MARION FIRE DISTRICT P.O. BOX 131 • MAIN ROAD EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS June 6,990 Town of Southold Planning Board 53095 Main Road P.O.Box 1179 Southold,N.Y. 11971 Attention:Bennett Orlowski Re:Cove Beach Estates Dear Mr. Orlowski: At the last regular monthly meeting of the Fire Commissioners, it was decided that four fire wells would be needed to properly protect the area. The four electric wells are located on the enclosed / subdivision map which your office had furnished us with. Thank you for your cooperation in this matter. If any additional infofmation is needed, please advise. ry tv,41 urs, 1 enc. �Jos�ph Chere wick kTPRH_J1I6SliiFJ PEPOPT f ff ffi ff fi ff.M***f i.:i f' Tu[III IF OEITHi JL L I IPl 1. '�t=1 11 is qEi _i f f i i f i i i f f f f f ff f i i f f i f f f {iii+ fffff { fffi{ f i f f f f i ii f f i if if fi f f fB f f f } f f f ff f f f f i f f i ii f f4 Pk i 1 K + UHTF. `-TiIPT PLf111TF ILII 11l lffl IKiDL TIf7E PE' 11 JET I � + TIFIE I LLH T I EIi rl I l,_If I -- I AL LEPT. i FHI-F_'-. -AIE i. f i f + )I ifl I. Ilii: + 516 -E11-14 i, l + f W f i k f f f p i f f 4 f f � f f. f i. { 1f-f f it hf fffk4 � Tf f+f fi fft 14 + 1k44 +4ffi6=4fffffff4if } f t:fi f i i l f f.f i f f f fi f d f f i f+- i +k-f hii4fff-I fi �S�FFOLK��G� PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y�� • Supervisor George Ritchie Latham, Jr. y �� Richard G. Ward �l Town Hall, 53095 Main Road Mark S. McDonald P.O_ Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold,New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 7 , 1990 Kenneth F. Abruzzo Young & Young 400 Ostrander Avenue Riverhead, New York 11901 Re: Cove Beach Estates at East Marion SCTM # 1000-22-3-15.1, and 18.3 Dear Mr. Abruzzo: As per the April 25th meeting, the road and drainage plans were submitted to Sidney B. Bowne and Son for review. Enclosed please find a copy of their comments. Please incorporate their recommended changes into the final road and drainage plans. Also, with regard to Item #4, the Planning Board wants the road width reduced from 28' to 241 . I beleive that we will be proceeding with this application upon receipt of final maps that have been revised in accordance with the April 25th meeting, revised road and drainage maps that include the enclosed comments, a bond estimate, and Health Department approval. The Fire District has not indicated whether a fire well will be required. We are following up on that, and will notify you of their requirements shortly. If you have any questions, please contact Valerie Scopaz, Town Planner. Very� _Truly Yours, O 4aw Jr. Bennett / Chairman VS/vs Enc. cc: Kenneth C. Coenan Harold Reese, Jr. Ben Kinsler, Esq. Matthew Kiernan, Esq. oc��FfOIrYC� o PLANNING BOARD MEMBERS SCOTT L. HARRIS� Bennett Orlowski, Jr., Chairman VO �. Supervisor George Ritchie Latham, Jr. Richard G. Ward ""1 J Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 7, 1990 Joseph Cherepowich, Secretary East Marion Fire District P.O. Box 131 East Marion, New York 11939 Re: Cove Beach Estates at East Marion SCTM $1000-22-3-15.1 and 18.3. Dear Mr. Cherepowich, This office has not received a response to its May 1, 1990 letter asking whether fire wells will be needed for the above-named subdivision. The developer is ready to proceed with the completion of this application for subdivision approval, except for the fire well information. If there are problems of which the Planning Board should be made aware, please do not hesitate to contact this office or a member of the Planning Board. Velr_y Truly Yours, Valerie Scop z Town Planner DOWNE SIDNEY B. BOWNE &cr,SOrN FOUNDER SA6 I LZ Sidney B.S. no,P.E.,L.S. -�� (1922-1959) Js PARTNERS June 1, 1990 Cheater C.Kelsey,P.E.,L.S. Robert A.Stanton,P.E. Robert W.Brown,L.S. Zabdiel A.Blackman,P.E.,L.S. Frank J.Antetomaso,P.E. Mr. Bennett Orlowski , Jr., Chairman Planning Board Town of Southold ASSOCIATES 53095 Main Road George A.Style,P.E. Southold, NY 11971 Jerry D..AlmoAlmont,P.E. e George L.Fagan,Jr.,Ph.D.,P.E. Frank capoblanco,C.E. Re: Cove Beach Estates Subdivision at East Marion Stevens,P.E. RogerL.Cocchi,P.E. S.C.T.M. No. 1000-22-3-15.1 and 18.3 Rop SBB No. 87139 SPECIAL CONSULTANTS Dear Mr. Orlowski : Thomas R.Pynehon,L.S. Prof.H.F.Soehnpen,P.E.,L.S. We have reviewed the most recent submision for the above referenced project (rev. 6-2-89) and at this time, we have the SENIOR STAFF following comments: Francis J.Lynch Philip Schlotihauer Joseph F.Stagman 1 . Provide Test Hole Data for drainage areas. William T.Styne Richard B.Weber 2. There is a proposed cut to grade of approx. loft. on RalphAnderson, Case,P.E. Road B in the vicinityof Lot 3. This may require a A.Barton Cass,P.E. y q Fredric C.Griffiths,Jr.,L.S. retaining wall on the west side of the right-of-way Andriani Harris,P.E. adjoining the Uhl property. Gregg G.Kelsey,P.E. Dane C.Kenny,P.E. Howard W.Miller,P.E. 3. The minimum pipe cover should be 24 inches. Richard P.Slutaih,P.E. 4. The plan shows a pavement width of 28ft. Has this been revised to 24ft? 5. The plan must show the conservation easements requested by the Planning Board. If you have any questions, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VINCENT MARICONDA VM:ls 45 Manor Road a Smithtown, New York 11787 • (516) 724-0611 235 East Jericho Turnpike . P.O.Box 109 • Mineola, New York 11501 • (516) 746-2350 r M Town Hall. 53095 Main Road P.O. Box 1 179 Southold. New York 11971 TELEPHONE ,..� (5 16) 765-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mak 1 , 1990 Joseph Cherepowich, Secretary East Marion Fire District P.O. Box 131 East Marion, New York 11939 Dear Mr. Cherepowich: Enclosed please find ( 2) surveys for eoue C� EgTg�es SCTrn *rj000 c2 3 183 Please notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by /�a� � rj 1990. Thank you for your cooperation. Very truly yours, Bennett Orlowski, Chairman enc. hp Town Hall, 53095 Main Road - 'T SCOTT L. HARRIS P.O. Box 1179 y®` ( Supervisor Southold, New York y'" �bo Fax (516) 7654823 11971 �1 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD a7 . Mo Robert W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11787 Dear Mr. Brown The Southold Town Planning Board hereby refers the following application to your office for review. Application Name:_ Qova ESicx'es Tax Map No. : Ip00- 22 - 3_ 15,1 } Bowne File No. - ? Hamlet Location: —Eaa mwc oN Type of Application: Sketch Subdivision Map jDated �! Preliminary Subdivision Map (Dated / 2 / 89 ) Final Subdivision Map (Dated X Road Profiles (Dated 5 / 22 Grading and Drainage Plans (Dated Other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Drainage Plans (Dated Other (Dated / / ) Please develop an estimate of what it will cost to and rtake the following review of the enclosed plan (s) : AQ Enter the cost estimate on the enclosed reply sheet, then send its facsimile to this office. If the Planning Board wishes you to proceed with the review, it will send a facsimile of a purchase order authorizing the work to be done. The actual purchase order will be sent through the mail. If there are any questions, please contact Planning Staff. 0 Very Truly Yours, Bennett Orlowski, Jr. �J Chairman CC: Ray Jacobs, Highway Department--- �S AYOUNG 4b YOUNG 4o0 OSTRANDER AVENUE RIVERHEAD, NEW YORK 119o1 518-727-2303 AL.DEN W.YOUNG FAX 518-727-0144 HOWARD W.YOUNG Pnofs"wnat flw4 %Lund &i,w.ym L April 26, 1990 Town of Southold Planning Board Main Road Southold, New York 11971 ATTN: Ms. Melissa Spiro RE: COVE BEACH ESTATES at East Marion, T/O Southold, New York (85-888) Dear Melissa: 2-- 33 � Enclosed please find twelve (12) sets of the above captioned Preliminary Subdivision Map last dated June 2 , 1989, for your use in submission to the Town Engineer's for their review. Please note that although I stated we would amend the maps in accordance with the Work Session of April 25, 1990, Howard Young suggested that since these modifications have no bearing on the engineering of this project, we will incorporate the changes in the Final Road and Drainage Plan. Thanking you in advance for your cooperation, I am, Very truly yours, Kenn�Abruzzo KFA tt Encl. cc: Mr. Kenneth C. Coenen Ben Kinsler, Esq. Mr. Harold Reese, Jr. APR 2 7 1990 5k ir �^� ,� L - �, -9a '�+— �� � ����� ���,�,e.P� � y � fid , - � Town Hall, 53095 Main Road P.O. Box 1 179 Southold. New York 1 1971 TELEPHONE (516) 7651938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Augu&L 18, 1989 Kenneth C. Coenen r.O. BOX 308 Manorville, NY 11949 RE: Cove Beach Estates SCTM #1000-22-3-15. 2 &18. 3 Dear Mr . Coenen: The following action was taken by the Southold Town Planning on Monday, August 14, 1989. RESOLVED that the Southold Town Planning Board adopt the Findings Statement dated July 10, 1989. Upon receipt of revised maps incorporating the recommendations of the Findings Statement, which was adopted on August 10, 1989, the Planning Board will continue their review on this major subdivision. If you have any questions, please do not hesitate to contact this office. -y truly you �T ORLO SKI ,JR. CHP.IRMAN enc. Jt Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review FINDINGS STATEMENT Pursuant to Article 8 (State Environmental Quality Review Act- SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617, the Planning Board of the Town of Southold as lead agency, makes the following findings. Name ot& on. Cove Beach Estates Description Qf jction. The action involves the proposed subdivision of a 96.3847 acre parcel of land zoned Residential "A" into 34 single family lots. There are also provisions for the construction of roads and drainage systems as well as the preservation of a portion of the site in open space and passive park. Location: The action is located on the north side of Main Road (NYS Route 25), west of Dam Pond, in the hamlet of East Marion, Town of Southold, Suffolk County, New York. The parcel fronts on Long Island Sound. It can be further defined as Suffolk County Tax Map Numbers 1000-22-3-15.1 & 18.3. A en Jurisdiction(r)• The Planning Board of the Town of Southold, as the preparer of these findings, has jurisdiction over the application for the subdivision of the parcel. Date Final EIS Filed: July 10, 1989 Page 1 of 6 STATEMENT CRAMER, VOORHIS & ASSOCIATES 54 N. Country Road MILLER PLACE, NEW YORK 11764 (516) 331.1455 r Mr. Bennett Orlowski, Jr. Southold Town Planning Dept. Town Hall, 53095 Main Road P.O. Box 1179 L Southold, N.Y. 11971 J TERMS Net 30 days T PLEASE DETACH AND RETVRN W ITN Y.L.VOVR REMITTANCE DATED, E NUMBER/,DESCRIPTIONe f CHARGES J, CREDfT$ AVl NC3, #605 BALANCE FORWARD 7-7-89 Re: Cove Beach Estate Review documents, preparation of review letter, attendance at Planning Board meeting, and attendance at meet- ing with applicant. $1,445.00 Review of submis- sion, and preparation of FEIS. 630.00 $2,075.1 CRAMER, VOORHIS & ASSOCIATES JGtQntz PyTMS COLOU!' N CRAMER, VOORHIS & ASSOCIATES STATEMEN 54 N. Country Road MILLER PLACE, NEW YORK 11764 (516) 331-1455 F Mr. Bennett Orlowski, Jr.' *' Town of Southold Planning:Dept. Town Hall, 53095 Main Road P.O. Box 1179 f; :ri- L Southold, New York ll97t' - - __ TERMS Net 30 days 2 PLEASE DETACH AND A.I.RN WIT.VDUR REMITTANCE $ DATE. INVOICE NUMBER/DESCRIPTION [,CHARGES 'CREDIT$ T�, 7:B @` #605 BALANCE FORWARD 6-30-89 Re: Cove Beach Estates Review and preparation Of Final EIS. $2,075.00 $2,075.1 CRAMER, VOORHIS & ASSOCIATES iQn� /•II PAY CIf INTCOLUMN vW A THIS COLUMN CRAMER, VOORHIS & ASSOCIATES STATEMENT 54 N. Country Road MILLER PLACE, NEW YORK 11764 (516) 331-1455 89 F Mr. Bennett Orlowski, Jr. 7 '9 8 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 L Southold, New York 11971 J TERMS N30 2 PLEASE DETACH AND RETURN WITH YOUR REMITTANCE $ DATE,,, INVOICE NUMBER DESCRIPTION CHARGES CREDITS 6ALAttF10Ej" .. #626 BALANCE FORWARD► 8-16-89 RE: Cove Beach Est. Completion of the Findings State- ment for the above mentioned project. $280.00 $280.00 Q _ CRAMER, VOORHIS & ASSOCIATES Dr"gj&w PAV LAST AMOUN IN THIS COLUMN ...................................... ...... .. MY............................ TOWN OF SOUTHOLD, COU OF SUFFOLK, N. Y., Dr. To...Cramer, Voorhis & Associates, Inc. Claimant Address...5... :. N Count flCad Miller Place N;Y. 11764 . .. .........x.. .....t......... ,... Fed. I. D. No. or Soc. Security No. .................... 8-16-89 RE: Cove Beach Estates. Completion of the Findings Statement for the above mentioned project. 4hrs @ $70.00) $280. Do TOTAL AMOUNT NOW DUE: $280. 00 The undersigned (Gfeimer (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actuallydueand owing.01 Dated .. ....�.�4�., 19. .7...... '/'� / . VVVV �� ....�.........��`� . Signature uuu .Town..Planning.Department..............IN. Y.,..........June••3Pt..... 19.gg.. TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. - - To. Cramer, Voorhis & Associates, Inc. ............................Claimant.- i Address.... North Country Road, Miller glace Fed. I. D. No. ................................ or Soc. Security No. .................... 6-30-89 Cove -Beach Estates: Review and preparation of Final EIS. $2,075. 00 TOTAL AMOUNT DUE: 2,075. 00 The undersigned (Glad mertt{ (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. n/� Dated ................41 ............., 196.7...... 7 Signature New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 ( 516) 751-7900 September 18, 1989 _ Thomas C. Jorling Commissioner Ms . Ronnie Wacker gyp ` North Fork Environmental Council Rt. 25 and Love Lane SEP 2 5 196y P.O. Box 799 ., Mattituck, NY 11952 RE: Cove Beach Estates Subdivision Dear Ms . Wacker: Regional Director Harold D. Berger has requested that I respond to your letter of August 31 , 1989 , concerning the Final Environmental Impact Statement for Cove Beach Estates . A review of our files shows that the Town of Southold Planning Department is the SEQRA lead agency for this action. Following the acceptance of a FEIS, the lead agency and any involved agencies must issue a Statement of Findings prior to any permit or approval process . As an involved agency under SEQRA, the Department must issue its findings prior to issuance of any State permits . Several of the issues brought forth in your letter are important considerations for permit issuance and will be fully considered by the Department. If you are dissatisfied with the lead agency' s findings in this matter, you may file pursuant to CPLR Article 78 . Cordially�,n r l �� a k M. Panek R ional Supervisor of Natural Resources Stony Brook FMP:rr cc: Bennett Orlowski, Jr. Town of Southold Planning Bd. Harold D. Berger w/attachments CRAMER, voORHts & ASSOCIATEdG44CG°3 O MG06900CIMMd MILLEREn�W YORKlr— ii r�l 6 DATE 1 OB NO. (516) 331-1455 ATTENTION / ' �F 5a�n.o SOUTHOU)TOWN ��U554 TO O cJ PLANNJAIG 90ARD RE WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: > �Copy ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples 11Specifications of letter 11Change order ❑ COPIES DATE NO. DESCRIPTION ,r_ s- Fivv.�x,� cxic,,fc,au..y S+,EEJ �o Yo J THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval or your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19— ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: II enc/Daum ere not as f md,kindly nofdy ui I once. CRAMER, VOI \ So IATES ENVIRONMENTAL CONSULTANTS AUG 16 1989 ' E p r� ii{irah}t� --- FAnx TI ❑AN ll V UNTAC Date: 17e TO: HrOfSe, .4 C From: Re: '5t' Number of Pages (including cover): Comments: �ivGLO$�O �S � coz'i2fc�JJ �P� -- �Girviv4.-�ax� �vECL rr.��£ss t-v41c Th`� o•z G,. .4�5 S� Yc � cam " 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 �. 6,f. State Environmental Quality Review FINDINGS STATEMENT Pursuant to Article 8 (State Environmental Quality Review Act - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617, the Planning Board of the Town of Southold as lead agency, makes the following findings. Name Qf AcdQyL Cove Beach Estates Description Q'Action: The action involves the proposed subdivision of a 96.3847 acre parcel of land zoned Residential "A" into 34 single family lots. There are also provisions for the construction of roads and drainage systems as well as the preservation of a portion of the site in open space and passive park. Location: The action is located on the north side of Main Road (NYS Route 25), west of Dam Pond, in the hamlet of East Marion, Town of Southold, Suffolk County, New York. The parcel fronts on Long Island Sound. It can be further defined as Suffolk County Tax Map Numbers 1000-22-3-15.1 & 18.3. A enc Jurisdiction(s): The Planning Board of the Town of Southold, as the preparer of these findings, has jurisdiction over the application for the subdivision of the parcel. Date Ftn_qL EIS Filed: July 10, 1989 Page 1 of 6 Cove Beach Estates Statement of Findings Facts Sud Conclusions M&EJS Relied L4zM t2import1&Decision: During the coordinated review of the Draft EIS numerous substantive comments were received from other involved agencies, civic groups and individuals. In addition, after the Final EIS was filed and circulated for public consideration two letters were received regarding the Final EIS, from the Suffolk County Department of Health Services and the North Fork Environmental Council, both dated July 20, 1989. The above referenced substantive comments, the relevant issues contained within the two letters and the facts and conclusions contained within the EIS, are used in consideration of the preparation of these findings, and summarized as follows: Surface Water/Wedands: The site contains both tidal and freshwater wetlands. The tidal wetlands were flagged by the NYSDEC in 1984 and this line has been placed on the proposed plot layout. This line corresponds to conditions in the field. Freshwater wetlands are contained within three areas of the parcel. One of these areas, the largest, is proposed to be preserved in part of the open space land provided for in the subdivision. The other two areas, immediately east and west of the existing paved roadway, should be protected/preserved utilizing technic(ues such as; inclusion into the open space network, chane in lot lines to provide sufficient setbacks, and�or through the use of restrictive covenants. No activity will be permitted within 100 feet of any natural freshwater wetlands. This condition will be im osed at the time of subdivision through the filing of necessary assurances ando r covenants. In the case of the small man-made depression west of the existing road, some disturbance in this area may be necessary in order construct the main access road and maintain the necessary setback from natural wetlands. If impacts to a portion of this area are necessary, mitigation in the form of the creation of suitable wetland habitat will be required. The wetlands to be created shall be at least four (4) times the area of the wetlands that will be disturbed. Suitable area for wetland creation exists in the vicinity of the drainage area, and the open space area, west of the man-made depression. Plans must be provided by the applicant and prepared by a licensed engineer or landscape architect; to address the area of wetland creation, grading, water source(s), plantings, etc. These plans, as well as appropriate assurances for the wetland creation must be submitted to and approved by the Town prior to the issuance of final approvals on the subdivision. Such a condition will mitigate the loss of the environmental benefits of the existing man-made wetland,west of the proposed access road. The site contains significant tidal and freshwater wetlands. These areas and the areas adjacent to the wetlands are among the most sensitive and environmentally valuable habitats the site. The Final EIS explored the sensitivity of these areas and the potential impacts associated with site development. In addition, comments on the Final EIS expressed significant concerned over the adequate protection of these areas. The project which was the subject of the Draft EIS,was found to encroach upon sensitive wetlands on the site, through violation of minimum setback requirements as required Page 2 of 6 Cove Beach Estates Statement of Findings under New York State wetlands regulations. As a result, the Final EIS contained a design alternative which sought to comply with regulations and provide additional setbacks from wetlands. It is herein determined that additional measures are needed to minimize environmental impacts to the maximum extent practicable. The EIS contains mitigation such as the use of restrictive covenants to limit clearing and locate structures, as well as the relocation of lot lines and reduction of the size of larger lots, thereby providing for greater land area to be included within the open space and wetland setback areas. In addition the relocation of some of the lots, to other portion of the site is also an appropriate measure to create additional open space and protect wetland areas. The importance of these measures will be further discussed herein as related to individual impact areas. Groundwater.• It has been demonstrated, throu&h on site sampling and analysis, that the groundwater underlying the site is of satisfactory quality to provide that water to the future residents of the subdivision from on site wells. In addition to the water quality analyses, groundwater elevations were established around the site. Some areas of high groundwater were identified. However, these areas are associated with the wetland areas, the conditions discussed above in the surface waters/wetlands section will also address any impacts which could occur from construction in areas of high groundwater. Information Provided in the Final EIS also demonstrated that the implementation of the project at the proposed density will not cause a significant elevation in the existing level of nitrogen in groundwater underlying the site. Topography: Certain areas of the project site have areas of steep slopes, with the primary area of concern located adjacent to Long Island Sound. While none of the areas proposed for development are presently in active recession, the potential for erosion does exist if uncontrolled site development is allowed to occur. The proposed site development plan provides deep lots along Long Island Sound in order to allow for sufficient setbacks from the sound front slope areas. Additional conditions were considered in the Draft EIS and recorded in comments on the various documents. These include, but are not limited to: site grading plans at the time of building permits, limiting and controlling of access in areas of steep slopes (particularly on the slopes adjacent to Long Island Sound), restrictive covenants to limit clearing and locate structures, definition of building envelopes to avoid steep slope areas, containment of runoff from impervious surfaces and the relocation of lots and/or property lines to avoid construction on steep slope areas. These mitigation measures should be employed in connection with consideration of the subdivision map. Page 3 of 6 0 0 Cove Beach Estates Statement of Findings Vegetation: The site presently has a mix of vegetation types and habitats,with a majority of the site being wooded. The existing vegetation of site is important in terms support of area wildlife, as well as other natural resources and site aesthetics. While it is recognized that clearing will be necessary to undertake the proposed use, the amount and location of the clearing must be controlled. The above discussions on surface waters/wetlands and topography outline certain conclusions and mitigation measures contained within the EIS. These are also appropriate to prevent significant impacts to the veg found on site. etation In addition to the above, restrictive covenants should be filed on each lot which would limit the amount of clearing on each lot depending on its size. The standards for the maximum percent of clearing, as related to the square footage of the lot, is contained within the EIS. For those areas of the lots which will be cleared for construction, a minimum amount of turf and fertilizer dependant plant species should be installed during landscaping. Restrictions could be placed on the development of the subdivision to utilize native and near native plant species during landscaping. The above mitigation not only will help to restore the natural vegetation lost during construction, but will also reduce the potential for groundwater impacts from the use of lawn and garden fertilizers. Public Access/Open Space: Public access to the waterfront is appropriate and is to be provided in the northeast corner of the site. This proposed area provides access to both Long Island Sound and Dam Pond. This access point will be for passive use,with no access by motorized vehicles. As the area is also in close proximity to a wetland area, only minimal improvements to provide pedestrian access should be allowed. These improvements should avoid sensitive areas of the adjoining oppen space. The location and type of such improvements must be approved by the Town prior to final approvals and construction. As discussed above the wetland areas and their surrounding habitats should be protected and preserved. The relocation of lots and lot lines provide the opportunity to protect these resource's integrity. The most sensitive portion of the site in terms of natural habitat area and tidal and freshwater wetlands, is adjacent to Dam Pond and the associated wetlands. Accordingly, the maximization of open space in these areas should be strongly considered. Such a measure would provide an expansive open space continuum, which includes the passive recreation area and the designated open space on site, coupled with the Dam Pond area and adjacent large lots in the vicinity. The alternate design plan included in the Final EIS provided some measures to mitigate impacts, in response to comments on the proposed pro uct; however, additional measures including relocation of lots, and further ro ction of lot sizes, are also appropriate in order to maximize the preservation and enhancement of open space. Page 4 of 6 Cove Beach Estates Statement of Findings Revised Subdivision Map: A revised subdivision map was prepared during the SEQR procedure. This map is included in Appendix B of the Final EIS and discussed in Appendix F of that same document. The alternate plan was devised by the applicant and submitted in response to many of the comments which were raised during the comment period on the Draft EIS. The alternate plan results in many improvements which relate to the protection of natural resources. It is noted that the cul-de-sac to the northeast of the site has been removed thereby limiting wetland encroachment and eliminating the previous direct discharge of stormwater runoff to the wetlands. Lot frontages on lots 1 through 13 have been reduced in order to provide adequate setbacks from wetlands. Some lot sizes havbeen reduced in order to maximize the preservation of open space. It is documented within the record on the Final EIS for Cove Beach Estates that the wetlands and adjacent areas to Dam Pond contain extreme environmental sensitivity. It has also been documented that the retention and preservation of open space in environmentally sensitive areas of the site, is essential to the protection of natural and cultural resources. The Final EIS also provides information of the potential for impacts to occur as a result of disturbance of steep slope areas,with extreme ramifications expected adjacent to wetland areas. Accordingly, the further alteration of the revised subdivision map through relocation of lots adjacent to the Dam Pond wetland and open space area, and the further reduction of lots sizes in the vicinity of steep slopes and wetlands, is appropriate. In the northwest comer of the property a cul-de-sac is proposed that is partially off of the applicants property. Prior to the final approval, consent from the adjoining property owner(s) must be presented to the Town, in a form suitable to the Town Attorney, which authorizes the cul-de-sac to be constructed as proposed. Failure to provide such documentation will necessitate the realignment of the subdivision road layout. It is the conclusion of these findings that the revised subdivision map addresses many of the concerns and potential impacts which were associated with the proposed action. The measures included herein seek to minimize the impacts of the project to the maximum extent in consideration of the environmental sensitivity of the site, balanced with the needs and objectives of the Town as determined through land use planning and environmental documents and policy, as well as the objectives of the proj.ect sponsor. Therefore, the further consideration of the revised map (alternative design), with the incorporation of the above findings is appropriate. Page 5 of 6 Cove Beach Estates Statement of Findings Certification of Findings to Approve Having considered the Draft and Final EIS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, this Statement of Findings certifies that: 1. The requirements of 6 NYCRR Part 617 have been met; 2. Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including the effects disclosed in the environmental impact statement, and 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by the incorporating as conditions to the conclusion to the decision those mitigative measures which were identified as practicable. 4. Consistent with the applicable policies, this action will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations. Name ofAgenry Signamre ofReWwibk Officio( Name ofRespon bk Official Tide ofRetponsible Officio! Address ofAgency Dale Page 6 of 6 FIR ritir'I4, CAAM�R, SO IATES EW ONSM TANTS � D Date; •f�f Fac` -. d TO- �g 3 J" ` t Z Of P � ���?�lud I n g cover). orncen S: Y .^d . t jr�•✓ ._.#�_�.... f.- 0.. � t It i . Y �1 :yam ,.AtNrti754 5St,i339_i�,�i."i y E by it # \,r• x' t�, ' CRAMEA, VOORHIS' & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS August 79 1989 Mr . Bennett Orlowski , Jr. - Chairman Southold Planning Board Town Hall , 63095 Main Road t ;. P.O. Box 1179 ' Southold, New York 11971 AmAm Re : Findings Statement Cove Beach 'Estates SCTM 01000-,22-3-16 . 1 & 18 . 3 Dear Benny: E Enclosed please find a recommended draft of the finding $ statement for the above referenced action. If the draft is acceptable to you and the Board it can be copied directly on to your stationary and sent out. This statement addresses the review of the *` proposed map, supplied to us by Your staff. It also addresses thejcommenta received on the FEIS. If there are any questions on the above or thti attached document , please feel free to give us a call . a Very, t yours , oma W. Cramer, ASLA Enclosure t �q 64 NOQTH COU14TRY ROAD, MILLER PLACE NY 11764 (516) 331.1455 j State Environmental Quality Review FINDINGS STATEMENT Pursuant to Article 8 (State Environmental Quality Review Act • SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the Planning Board of the Town of Southold as lead agency, makes the following findings. ~ 'fit$ofActien: t> Cove Beach Estates ae.�n Qf Act;oli: The action involves the proposed subdivision of a 96.3847 acre parcel of land zoned Residential"A" and General Industrial "C•1", into 34 single family tats. There t,. are also pprovisions for the construction of roads and drainage systems as well as the preservailon of a portion of the site in open space and passive park. The action is located on the north side of Main Road (NYS Route 25),west of Dam Pond, in the hamlet of least Marion,Town of Southold,Suffolk County, New York. The parcel fronts on Lon Island ound. It can be further defined as Suffolk County Tax Map Numbers 10002-3-15.1 & 18.3. � �rt�lurisdiction(sl: The Planning Boarq of the Town of Southold, as the. ppreparer of these findings, has jurisdiction over the application for the subdivision of the parcel. .s; Datf Ekal W filed: July 10, 1989 '4 Page 1 of 6 t r ..:a n Statement of Es ngs Fucts a d C Itsriotsr is tk M&'1fcd IlAw is Sap Al1 dx r3;. During the coordinated review of the Draft EIS numerous substantive comments were received from other involved agencies, civic groups and individuals. In addition, after the Final FiS was filed and circulated for public consideration two letters were received regarding the Fina! EIS,from the Suffolk County Department of Health Services and the North Fork Environmental Council, both dated July 20t 1969. The above referenced substantive comments, therelevantissues contained within the two letters and the facts and conclusions contained within the EIS, are used in consideration of the preparation of these findings, and summarized as follows: Surface Water/Wettands: The site contains both tidal and freshwater wetlands. The tidal wetlands were flagjed by the NYSDEC in 1984 and this line has been placed on the proposed pot layout. This line,corresponds to -'" conditions in fhe field. Freshwater wetlands are contained within three areas of the parcel, One of these areas the largest, is proposed to be preserved in part of the open space land provided for in the subdivision. The other two areas, imediately east and west of the existing paved roadway, should be protected preserved utilizing techniques such as; inclusion into the opens ace network,change in lot lines to provide sufficient setbacks, and/or through the use of restrictive covenants. 1\'o activity will be permitted within 100 feet of any natural freshwater wetlands. This condition will be imposed at the time of subdivision through the filing of necessary assurances and/or coenants. In the case of the small man-made depression west of the existing roan, some disturbance in,this area may he necessary in order construct the main access road and maintain the necessary setback from natural wetlands. if impacts to a portipn of this area are necessary, mitigation in the form of the creation of suitable wetland habitat will be re wired. The wetlands to be created shall be at least four(4) times the area of he wetlands that will be disturbed. Suitable area for wetland creation exists in the vicinityof the drainage area, and the open space area,west of the man=made depresson . Plans must be provided'by the applicant and prepared by a licensed engineer or landscape architect; to x address the area of wetland creation,grading, water source(s) plantings, etc. +i These plans, as well as appropriate assurances for the wetland creation must be submitted to and approved by the Town prior to the issuance of final approvals on the subdivision. Such a condition will mitigate the loss of the environmental benefits of the existing manmade wetland,west of the proposed access road. The site contains significant tidal and freshwater wetlands. These areas and the areas adjacent to the wetlands are amon the most sensitive and environmentally valuable habitats the site. The Fina EIS exploved the sensitivity of these areas and the potential impacts associated with site development, In addition, comments on the Final EIS expressed significant concerned over the adequate protection of these areas. The project - 4 which was the subject of the Draft EIS,was found to encroach upon sensitive wetlands on the sitehrouoh violation of minimum setback requirements as reqquired under Naew York%tate wetlands regulations. As a result, the Final E I contained a design alternative which sought to comply with regulations and provide additional setbacks from wetlanJs. It is herein determined that r Page 2 of 6 1.s. ""R'� � 'g n..rmv 1wlY..4Sffi CovellOach E3 Statement of Findings additional measures are needed to minimize environmental impacts to the maximum extent practicable. The EIS contains mitigation such as the use of restrictive covenants to limit clearing and locate structures, as well as the relocation of lot lines and reduction of the size of larger lots, thereby providing for greater land area to be included within the open sppace and wetland ' setback areas, In addition the relocation of some of the lots, to other portion of the site is also an appropriate measure to create additional open space and protect wetland areas. The importance of these measures will be further discussed herein as related to individual impact areas. Groundwater: It has been demonstrated, through on site sampling and analysis, that the groundwater underlying the site is of satisfactory quality to provide potable water to the future residents of the subdivision from on site wells. In addition to the water quality analyses,groundwater elevations were established around the site. Some areas of high groundwater were identified. However, these areas are associated with the wetland areas, the conditions discussed above in the surface waters//wetlands section till also address any impacts which could occur from construction in areas of high groundwater. Information providedin the Final EIS also demonstrated that the implementation of the project at the proposed density will not cause a significant elevation in the existing level of nitrogen in groundwater underlying the site. Topography: Certain areas of the project site have areas of steep slopes with the primary area of concern located adjacent to Long Island Sound. Wle none of the areas proposed for development arepresently in active recession, the potential for erosion does exist if uncontrollersite development is allowed x . to occur. The proposed site development plan provides deep lots On Ldng Island Sound in order to allow for sufficient setbacks front the soun front slope i areas. Additional conditions were considered in the Draft IRIS and recorded in comments on the various documents, These include,but are not limited to: site grading plans at the time of buildingrrnits, limiting and controlling of t access in areas of steep slopes (particularly on the slopes adjacent to Long Island Sound), restrictive covenants to limit clearing and locate structures, definition of building envelopes to avoid steep slope areas, containment of runoff from impervious surfaces and the relocation of lots and/or property lines to avoid construction on steep slope areas. These mitigattion measures 4 should be employed in connection with consideration of the subdivision map. Vegetation: The site presently has a mix of vegetation types and habitats,with a majority of the site being wooded. Thg existing vegetation of site is importan} in.terms support oP area wildlife, as well as other natural resources ani site aesthetics. While it is recognized that clearing will be necessary to -41 undertake the proposed use, the amount and location of the clearingmust be 4 controlled. The above discussions on surface waters/wetlands and topogr��apphy outline certain conclusions and mitigation measures contained within the EIS. f Page 3 of 6 k � Cove teach t Statement of Fin gs fese are also appropriate to prevent significant impacts to the vegetation ondonsite. P ' Inladditionto the above, restrictive covenants should be filed on each lot ich would limit the amount of clearing on each lot depending on its size. e standards for the maximum percent of clearing, as related to the square i footage of the lot, is contained within the EIS. For those areas of the lots which will be cleared for construction, a minimum ' amount of turf and fertilizer dependant plant species should be installed during landscaping. Restrictions could Be placed on the development of the subdivision to utilize native and near native plant sppecies during landscaping, The above mitt ation not only will help to restore ttte natural vegetation lost during construeion, but will also reduce the potential for groundwater impacts from the use of lawn and garden fertilizers. `. Public AccesslOpfn Space: Public access to the waterfront is approtate and is to be provided in the northeast corner of the site. This pproposed area provides access to berth Long Island Sound and Dam Pond, This access point will be for passive use, with no access by motorized vehicles. Ac the area is also in close proximity to a wetland area, only minimal improvement to provide pedestrian access should be allowed. These improvements could r, avcid sensitive areas of the adjoining open space. The location and'type of i. such improvements must be approved by the Town prior to final approvals and construction. As discussed above the wetland areas and their surrounding habitats should be r protected and preserved, The relocation of lots and lot lines provide the opportunity to protect these resource's integrity, The most sensitive portion of the site in erms of natural habitat area anddtirla] and freshwater wet ands, is adjacent to Dam Pond and the associated wetlands, Accordingly, the m maximization of open space in these areas should be strong) ,considered. 4,. Such a measure would provide an expansive open space continuum,which includes the passive recreation area and the designated open space on site, coupled with the Dant Pond area and adjacent large lots rn the vicinity, The alternate design plan included in the Final EIS pprovided some measures to y mitigate impacts, in resonse to comments on the proposed projecti however, additional measures inc uding relocation of lots,and further redducton of lot i sizes, are also appropriate in order to maximize the preservation and enhancement o open'space. Revised Subdivision Map: A revised subdivision map was prepared during the SEAR rocedure. This ma is included in Appendix B of the Final EIS and discussId in Appendix F of that same document. The alternate plan was devised by the ap licant and submitted in response to many of the comments which were raise during the comment period on the Draft EIS. The alternate plan results in many improvements which relate to the protection of natural resources. It is noted that the cul-de-sac to the northeast of the site has been removed thereby limiting wetland encroachment and eliminating theprevious direct discharge of stormwater runoff to the wetlands. Lot frontages 8n lots 1 through 13 have been reduced in order to provide adequate setbacks from wetlands, Some lot sizes have been reduced in order to maximize the f rt Page 4 of 6 �t n ;.v 3 Cby&Seach Es Statement of Fin ings preservation of open space. It is documented within the record on the Final EIS for Cove Beach Estates - that the wetlands and adjacent areas to Dam Pond contain extreme environmental scnsitivity. it has also been documented that the retention and x preservation of open space in environmentally sensitive areas of the site is essential to the protection of natural and cultural resources. The Final LIS a also provides information of the potential for impacts to occur as a-result of disturbance of stee slope areas with extreme ramifications expected adjacent to wetland areas. �ecordmgly, tete further alteration of the revised subdivision ` map through relocation of lots ad'acent to the Dam Pond wetland and open space area, and the further reduAon of lots sizes in the vicinity ofsteep slopes and wetlands, is appropriate. It is the conclusion of these findings that the revised subdivision map addresses many of the concerns and potential impacts which were aswith the proposed action. The measures included herein seek to minimize the impacts of the proJcct to the maximum extent inconsideration of the environmental sensitivityry of the site, balanced with the needs and objectives of the Town as determined throug#t land useplanning and environmental documents and policy,,as welt as the objectives of the proaec sp nsor. Therefore, the further consideration of the revised map (alternative des�gn�, w th the �rtcorporaaba of the above findings is appropriate. f vp i ri g 5 f Page 5 of 6 r f �y cove Beach Esltes Statement of Findings Certification of Findings to Approve Having considered the Draft and Tuinal EIS, and having considered the .. preceding written facts and conclusions retied on to meet the requirements of 6 INYCRR 6179, tbis Statement of Findings certifies that: i. The requirements of 6 NYCRR Part 617 have been met; 2. Consistent with the social economic and other essential considerations El= from among the reasonable alternatives thereto, the action a proved is one which minimizes or avoids adverse environmental effects to the maximum L extent practis~able; including the effects disclosed in the environmental e - impact statement, and 3. Consistent with social, economic and other essential considerations,t9 the maximum extent practicable, adverse environmental effects revealed to the A environmental impact statement process will be minimized or avoided by ;. the incorporating as conditions to the conclusion to the decision these - mitigative measures which were identified as practicable. 4. Consistent with the applicable policies, this action will achieve a balance. between the protection of the environment and the need to accommodate f social and economic considerations. Namr of A*Mcy ' SignarW Of&*M..1Ale O&Idl amrof S/eUDirO/jrcia! , ulr o H'r ` f srrondt+le O �i( Apdrrttt 0/Ae6dtJi Oate Page 6 of 6 Ak } Lief¢. CRAMER, V R fOCIATES ENVIRONMENT G CONSULTANTS August 7 , 1989 Mr. Bennett Orlowski , Jr. Chairman Southold Planning Board Town Hall , 53095 Main Road P.O. Box 1179 AUG : 41989 Southold, New York 11971 Re : Findings Statement Cove Beach Estates SCTM #1000-22-3-15 . 1 & 18 . 3 Dear Benny: Enclosed please find a recommended draft of the finding statement for the above referenced action. If the draft is acceptable to you and the Board it can be copied directly on to your stationary and sent out . This statement addresses the review of the proposed map, supplied to us by your staff. It also addresses the comments received on the FEIS. If there are any questions on the above or the attached document , please feel free to give us a call . Very, t yours, oma W. Cramer, ASLA Enclosure 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 AUG 4 1989 State Environmental Quality Review FINDINGS STATEMENT Pursuant to Article 8 (State Environmental Quality Review Act- SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the Planning Board of the Town of Southold as lead agency, makes the following findings. Name QfAction; Cove Beach Estates Description QfAction: The action involves the proposed subdivision of a 96.3847 acre parcel of land zoned Residential 'Wand General Industrial "C-1", into 34 single family lots. There are also provisions for the construction of roads and drainage systems as well as the preservation of a portion of the site in open space and passive park. Location The action is located on the north side of Main Road (NYS Route 25),west of Dam Pond, in the hamlet of East Marion, Town of Southold, Suffolk County, New York. The parcel fronts on Long Island Sound. It can be further defined as Suffolk County Tax Map Numbers 1000-22-3-15.1 & 18.3. Agency&dydicdona); The Planning Board of the Town of Southold, as the preparer of these findings, has jurisdiction over the application for the subdivision of the parcel. P=Final EIS Filed: July 10, 1989 Page 1 of 6 Cove Beach Estates Statement of Findings Facts and Conchwons La&ELS Relied lip=tQ import y g Decision: During the coordinated review of the Draft EIS numerous substantive comments were received from other involved agencies, civic groups and individuals. In addition, after the Final EIS was filed and circulated forublic consideration two letters were received regarding the Final EIS, from the Suffolk County Department of Health Services and the North Fork Environmental Council, both dated July 20, 1989. The above referenced substantive comments, the relevant issues contained within the two letters and the facts and conclusions contained within the EIS, are used in consideration of the preparation of these findings, and summarized as follows: Surface Water/Wetlands: The site contains both tidal and freshwater wetlands. The tidal wetlands were flagged by the NYSDEC in 1984 and this line has been placed on the proposed plot layout. This line corresponds to conditions in the field. Freshwater wetlands are contained within three areas of the parcel. One of these areas the largest, is prgposed to be preserved in part of the open space land provided for in the subdivision. The other two areas, immediate)y east and west of the existing paved roadway, should be protected/preserved utilizing techniques such as; inclusion into the oppeen sppace network, change in lot lines to provide sufficient setbacks, and/or through the use of restrictive covenants. No activity will be permitted within 100£feet of any natural freshwater wetlands. This condition will be im osed at the time of subdivision through the filing of necessary assurances an. �r covenants. In the case of the small man-made depression west of the existing road, some disturbance in this area may be necessary in order construct the main access road and maintain the necessary setback from natural wetlands. If impacts to a portion of this area are necessary, mitigation in the form of the creation of suitable wetland habitat will be required. The wetlands to be created shall be at least four (4) times the area of the wetlands that will be disturbed. Suitable area for wetland creation exists in the vicinity of the drainage area, and the open space area,west of the man-made depression. Plans must be provided by the applicant and prepared by a licensed engineer or landscape architect; to address the area of wetland creation, grading,water source(s) plantings, etc. These plans, as well as appropriate assurances for the wetlanJ creation must be submitted to and a proved by the Town prior to the issuance of final approvals on the subdNision. Such a condition will mitigate the loss of the environmental benefits of the existing man-made wetland, west of the proposed access road. The site contains significant tidal and freshwater wetlands. These areas and the areas adjacent to the wetlands are among the most sensitive and environmentally valuable habitats the site. The Final EIS explored the sensitivity of these areas and the potential impacts associated with site development. In addition, comments on the Final EIS expressed sigh ificant concerned over the adequate protection of these areas. The project which was the subject of the Draft EIS, was found to encroach upon sensitive wetlands on the site, throuh violation of minimum setback requirements as required under New York tate wetlands regulations. As a result, the Final EIS contained a design alternative which sought to comply with regulations and provide additional setbacks from wetlands. It is herein determined that Page 2 of 6 Cove Beach Estates Statement of Findings additional measures are needed to minimize environmental impacts to the maximum extent practicable. The EIS contains mitigation such as the use of restrictive covenants to limit clearing and locate structures, as well as the relocation of lot lines and reduction of the size of larger lots, thereby providing for greater land area to be included within the open space and wetland setback areas. In addition the relocation of some of the lots, to other portion of the site is also an appropriate measure to create additional open space and protect wetland areas. The importance of these measures will be further discussed herein as related to individual impact areas. Groundwater.• It has been demonstrated, through on site sampling and analysis, that the groundwater underlying the site is of satisfactory quality to provide potable water to the future residents of the subdivision from on site wells. In addition to the water quality analyses, groundwater elevations were established around the site. Some areas of high groundwater were identified. However these areas are associated with the wetland areas, the conditions discussed above in the surface waters/wetlands section will also address any impacts which could occur from construction in areas of high groundwater. Information provided in the Final EIS also demonstrated that the implementation of the project at the proposed density will not cause a significant elevation in the existing level of nitrogen in groundwater underlying the site. Topography: Certain areas of the project site have areas of steep slopes with the primary area of concern located adjacent to Long Island Sound. While none of the areas proposed for development are presently in active recession, the potential for erosion does exist if uncontrolled site development is allowed to occur. The proposed site development plan provides deep lots along Long Island Sound in order to allow for sufficient setbacks from the sound front slope areas. Additional conditions were considered in the Draft EIS and recorded in comments on the various documents. These include, but are not limited to: site grading plans at the time of building permits, limiting and controlling of access in areas of steep slopes (particularly on the slopes adjacent to Long Island Sound), restrictive covenants to limit clearing and locate structures, definition of building envelopes to avoid steep slope areas, containment of runoff from impervious surfaces and the relocation of lots and/or property lines to avoid construction on steep slope areas. These mitigation measures should be employed in connection with consideration of the subdivision map. Vegetation: The site presently has a mix of vegetation types and habitats, with a majority of the site being wooded. The existing vegetation of site is important in terms suppppoort of area wildlife, as well as other natural resources and site aesthetics. WFiae it is recognized that clearing will be necessary to undertake the proposed use, the amount and location of the clearing must be controlled. The above discussions on surface waters/wetlands and topograp by outline certain conclusions and mitigation measures contained within the 1?IS. Page 3 of 6 Cove Beach Estates Statement of Findings These are also appropriate to prevent significant impacts to the vegetation found on site. In addition to the above, restrictive covenants should be filed on each lot which would limit the amount of clearing on each lot depending on its size. The standards for the maximum percent of clearing, as related to the square footage of the lot, is contained within the EIS. For those areas of the lots which will be cleared for construction, a minimum amount of turf and fertilizer dependant plant species should be installed during landscaping. Restrictions could be placed on the development of the subdivision to utilize native and near native plant species during landscaping. The above mitigation not only will help to restore the natural vegetation lost during construction,but will also reduce the potential for groundwater impacts from the use of lawn and garden fertilizers. PublicAccess/Open Space: Public access to the waterfront is appro nate and is to be provided in the northeast corner of the site. This pro_posedparea provides access to both Long Island Sound and Dam Pond. This access point Will be for passive use,with no access by motorized vehicles. As the area is also in close proximity to a wetland area, only minimal improvements to provide pedestrian access should be allowed. These improvements should avoid sensitive areas of the adjoining open space. The location and type of such improvements must be approved by the Town prior to final approvals and construction. As discussed above the wetland areas and their surrounding habitats should be protected and preserved. The relocation of lots and lot lines provide the opportunity to protect these resource's integrity The most sensitive portion of the site in terms of natural habitat area and tidal and freshwater wetlands, is adjacent to Dam Pond and the associated wetlands. Accordingly, the Suchameasuref would prow de ain n expansive open space cnonimuum,considered. includes the passive recreation area and the designated open space on site, coupled with the Dam Pond area and adjacent large lots in the vicinity. The alternate design plan included in the Final EIS provided some measures to mitigate impacts, m response to comments on the proposed pro'ect; however, additional measures including relocation of lots, and further re�uction of lot sI zes, are also appropriate in order to ma�dmize the preservation and enhancement of open space. Revised Subdivision Map: A revised subdivision map was prepared during the SEQR procedure. This map is included in Appendix B of the Final EIS and discussed in Appendix F of that same document. The alternate plan was devised by the applicant and submitted in response to many of the comments which were raised during the comment period on the Draft EIS. The alternate plan results in many improvements which relate to the protection of natural resources. It is noted that the cul-de-sac to the northeast of the site has been removed thereby limiting wetland encroachment and eliminating the previous direct discharge of stormwater runoff to the wetlands. Lot frontages on lots 1 through 13 have been reduced in order to provide adequate setbacks from wetlands. Some lot sizes have been reduced in order to maximize the Page 4 of 6 f Cove Beach Estates Statement of Findings preservation of open space. It is documented within the record on the Final EIS for Cove Beach Estates that the wetlands and adjacent areas to Dam Pond contain extreme environmental sensitivity. It has also been documented that the retention and preservation of open space in environmentally sensitive areas of the site is essential to the protection of natural and cultural resources. The Final SIS also provides information of the potential for impacts to occur as a result of disturbance of steep slope areas with extreme ramifications expected adjacent to wetland areas. Accordingly, tie further alteration of the revised subdivision map through relocation of lots adjacent to the Dam Pond wetland and open space area, and the further reduction of lots sizes in the vicinity of steep slopes and wetlands, is appropriate. It is the conclusion of these findings that the revised subdivision map addresses many of the concerns and potential impacts which were associated with the proposed action. The measures included herein seek to minimize the impacts of the project to the maximum extent in consideration of the environmental sensitivity of the site, balanced with the needs and objectives of the Town as determined through land use planning and environmental documents and policy, as well as the objectives of the project sponsor. Therefore, the further consideration of the revised map (alternative design),with the incorporation of the above findings is appropriate. Page 5 of 6 Cove Beach Estates Statement of Findings Certification of Findings to Approve Having considered the Draft and Final EIS, and havingg considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, this Statement of Findings certifies that: 1. The requirements of 6 NYCRR Part 617 have been met; 2. Consistent with the social economic and other essential considerations from among the reasonable alternatives thereto, the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including the effects disclosed in the environmental impact statement, and 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by the incorporating as conditions to the conclusion to the decision those mitigative measures which were identified as practicable. 4. Consistent with the applicable policies, this action will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations. Name ofAgency alffl ar Of Rnpondbk Oflkiat Name of ReTonume uBkwl Tak ofReapondbk OWWW' Address ofAgenry Date Page 6 of 6 777"77 CRAMER0 VoID SOCIATES ENVIRONMENTAL CONsuLTANTS t FA T RAN,R)M T A y. C K g, Date: v5'% Fro rn: Re: Number of Pages (including cover): Ar Y _ Comments: vGGasS �✓ f S A �on'i2tcT�U ' P'y° EGiti�v.F. ' A'4.'E7dSTi2�4� •�''£ " .•fes✓ I'...JCC-civE� t,✓o�U((/K..w` Fc.� C.G � 101 m. 64 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331.1455 'i 1' AM so State Environmental Quality Review FINDINGS STATEMENT Pursuant to Article 8 (State Environmental Quality Review Act- SEQR) of _. the Environmental Conservation Law and 6 NYCRR Part 6179 the Planning Board of the Town of Southold as lead agency, makes the following findings. Qf , ;. Cove Beach Estates _: Qf Acdow g . The action involves the proposed subdivision of a 96.3847 acre parcel of land zoned Residential "A"and General Industrial"C-1",into 34 single family lots. There w.; are also provisions for the construction of roads and drainage systems as well as the preservation of a portion of the site in open space and passive park. �', ��ation;• The action is located on the north side of Main Road (NYS Route 25),west of 7. Ilam Pond, in the hamlet of East Marion,Town of Southold, Suffolk County, New York. The parcel fronts on Long Island Sound. It can be further defined as Suffolk Wit County Tax Map Numbers 1000»22.3.15.1 & 18.3. Ago Lgildkilgn(l): The Planning Board of the Town of Southold,as the preparer of these endings, has jurisdiction over the application for the subdivision of the parcel. t jag Egulj W fltedr July 10, 1989 f Page 1 of 6 Cove Beach fist tes Stat2`nift of Fac =t3usf clt�,s;�nt u tk Relied L42M trz Supnon the Decision.- During the coordinated review of the Draft EIS numerous substantive comments were received from other involved agencies, civic groups and individuals. In addition, after the Final EIS was filed and circulated for public consideration two letters were received regarding the Final EIS, from the Suffolk County Department of Health Services and the North Fork Environmental Council,both dated July 20, 1989, Tiie above referenced substantive comments, the relevant issues contained within the two letters and the facts and conclusions contained within the EIS, are used in consideration of the preparation of these findings, and summarized as follows: Surface Klarer/Wetlands: The site contains both tidal and freshwater wetlands. The tidal wetlands were fl ed by the NYSDEC in 1984 and this line has been placed on the proposedot layout. This line corresponds to conditions in the field. Freshwater wetlands are contained within three areas of the parcel. One of these areas the largest, is pr9posed to be preserved in part of the open space land provided for in the subdivision. The other two areas, immediately east and west of the existing paved roadway,,should be protected/preserved utilizi e! techniques such as; inclusion into the open space network, chane in lot lines to provide sufficient setbacks, and/or through the use of restrictive Covenants. 'o activity will be permitted within 100 feet of any natural freshwater wetlands. This condition will be imposed at the time of subdivision through the filing of necessary assurances and/or covenants. In the case of the small man-made depression west of the existing road, some disturbance in this area may be necessary in order construct the main access road and maintain the necessary setback from natural wetlands. If impacts to a portion of this area are necessary, mitigation in the form of the creation of suitable wetland habitat will be required. The wetlands to be created shall be at least four (4) times the area of the wetlands that will be disturbed. Suitable area for wetland creation exists in the vicinity of the drainage area, and the open space area,west of the man-made depression, Plans must be provided by the applicant and prepared by a licensed engineer or landscape architect; to address the area of wetland creation, grading,water source(s), plantings, etc. These plans, as well as appropriate assurances for the wetland creation must 7 be submitted to and approved by the Town prior to the issuance of final approvals on the subdivision. Such a condition will mitigate the loss of the environmental benefits of the existing man-made wetland, west of the a proposed access road. The site contains significant tidal and freshwater wetlands. These areas and r" the areas adjacent to the wetlands are among the most sensitive and environmentally valuable habitats the site. The Final EIS explored the sensitivity of these areas and the potential impacts associated with site development. In addition, comments on the Final EIS expressed significant w' concerned over the adequate protection of these areas. The project which was the subject of the Draft EIS,was found to encroach upon sensitive wetlands on 5 the site, through violation of minimum setback requirements as required 4' Page 2 of 6 Coveaah.Es Statitfi of Fh'h lft under New York. State wetlands regulations. As a result, the Final EIS contained a design alternative which sought to comply with regulations and provide additional setbacks from wetlands. It is herein determined that additional measures are needed to minimize environmental impacts to the maximum extent practicable. The EIS contains mitigation such as the use of restrictive covenants to limit clearing and locate structures, as well as the F relocation of lot lines and reduction of the size of larger lots, thereby providing for greater land area to be included within the open space and wetland setback areas. In addition the relocation of some of the lots, to other portion of the site is also an appropriate measure to create additional open space and protect wetland areas. TThhe importance of these measures will be further discussed herein as related to individual impact areas. Groundwater:It has been demonstrated,throu4h on site sampling and analysis, that the groundwater underlying the site is of satisfactory quality to provide potable water to the future residents of the subdivision from on site wells. t In addition to the water quality analyses, groundwater elevations were 4, established around the site. Some areas of high groundwater were identified. However, these areas are associated with the wetland areas, the conditions discussed above in the surface waters/wetlands section will also address any j° impacts which could occur from construction in areas of high groundwater. Information provided in the Final EIS also demonstrated that the implementation of the project at the proposed density will not cause a significant elevation in the existing level of nitrogen in groundwater underlying the site. i' Topography:Certain areas of the project site have areas of steep slopes,with the primary area of concern located adjacent to Long Island Sound. While none of the areas proposed for development are presently in active recession, the potential for erosion does exist if uncontrolled site development is allowed I" to occur. The proposed site development plan provides deep lots along Long Island Sound In order to allow for sufficient setbacks from the sound front slope areas. Additional conditions were considered in the Draft EIS and recorded in comments on the various documents. These include, but are not limited to: site grading pians at the time of building permits, limiting and controlling of access in areas of steep slopes (particularly on the slopes adjacent to Long Island Sound}, restrictive covenants to limit clearing and locate structures, .: definition of building envelopes to avoid steep slope areas, containment of runoff from impervious surfaces and the relocation of lots and/or property lines to avoid construction on steep slope areas. These mitigation measures should be employed In connection with consideration of the subdivision map. Page 3 of 6 Cove Beach Esta Statement of Findings Vegetation: The site presently has a mix of vegetation types and habitats,with a majority of the site being wooded. The existing vegetation of site is important m terms suppport of area wildlife, as well as other natural resources and site aesthetics. vyhile itis recognized that clearing will be necessary to undertake the propposed use, the amount and location of the clearing must be controlled. The above discussions on surface waters/wetlands and topography autlino certain conclusions and mitigation measures contained within the EIS. These are also appropriate to prevent significant impacts to the vegetation found onsite. In addition to the above, restrictive covenants should be filed on each lot which would limit the amount of clearing on each lot depending on its size. a The standards for the imaximum percent of clearing, as related to the square ` footage of the lot, is contained within the EIS. r, For those areas of the lots which will be cleared for construction, a minimum ' amount of turf and fertilizer dependant plant species should be installed during landscaping. Restrictions could be placed on the development of the subdivision to utilize native and near native plant species during landscaping. The above mitigation not only will help to restore the natural vegetation lost during construction, but will also reduce the potential for groundwater impacts from the use of lawn and garden fertilizers. Public Acce.WO en Space: Public access to the waterfront is appronate and j is to be provided in the northeast corner of the site. This proposed provides access to both Long Island Sound and Data Pond. This access point v will be for passive use, with no access by motorized vehicles. As the area is also in close proximity to a wetland area,only minimal improvements to provide pedestrian access should be allowed. These improvements should avoid sensitive areas of the adjoining open space. The location and type of t , such improvements must be approved by the Town prior to final approvals and construction. F, As discussed above the wetland areas and their surrounding habitats should be protected and preserved. f The relocation of lots and lot lines provide the opportunity to protect these resource's integrity. The most sensitive portion of the site in terms of natural habitat area and tidal and freshwater wetlands, is adjacent to Dam Pond and the associated wetlands. Accordingly, the maximization of open space in these areas should be strongly considered. Such a measure would provide an ' expansive open space continuum, which includes the ppassive recreation area and the designated op ns ace on site,coupled withithe Dam Pond area and adjacent large lots in the vicinity. The aitertsate destgnplan included in the Final EIS provided some measures to mitigate impacts, in response to n comments on the proposed project; however, add,tianal measures including relocation of lots, and further reduction of lot sizes, are also appropriate in prder to maximise the preservation and onhancannont of ogan space. Page 4 of 6 ,. f Cove`Iseach Eoft i,. Statement of Findings Revised Subdivision Map: A revised subdivision ma was prepared during the SEOR procedure. This map is included in Appendix 8 of the Final EIS and discussed in AppendIit F of that same document. The alternate plan was devised b the applicant and submitted in response to man of the comments which were raised dujring the comment period on the Draft EIS. The alternate f plan results in many improvements which relate to the protection of natural resources. It is noted that the cul-de-sac to the northeast of the site has been removed thereby limiting wetland encroachment and eliminating the previous direct discharge of stormwater runoff to the wetlands. Lot frontages on lots 1 Y through 13 have been reduced in order to provide adequate setbacks from wetlands. Some lot sizes have been reduced in order to maximize the preservation of open space. ' It is documented within the record on the Final EIS for Cove Beach Estates that the wetlands and adjacent areas to Dam Pond contain extreme M environmental sensitivity. It has also been documented that the retention and preservation of open space in environmentally sensitive areas of the site is essential to the protection of natural and cultural resources. The Final SIS also provides information of the potential;for impacts to occur as a result of disturbance of steep slope areas,with extreme ramifications expected adjacent z to wetland areas. Accordingly,the further alteration of the revised subdivision map through relocation of lots adjacent to the Dam Pond wetland and open space area, and the further reduction of lots sizes in the vicinity of steep slopes and wetlands, is appropriate. ` It is the conclusion of these findings that the revised subdivision map addresses matey of the concerns and potential impacts which were associated with the proposed ` action. The measures included herein seek to minimize the impacts of the project to y, the maximum extent in consideration of the environmental sensitivlty of the site, balanced with the needs and objectives of the Town as'determined through land use planning and environmental documents and policy,as well as the objectives of the £' pro'ect sponsor. Therefore, the further consideration of the revised map (alternative design),with the incorporation of the above findings is appropriate. .4 l r s; t Page 5 of 6 ,4- 77 CoveIftach Esq Statement of Findings Certification of Findings to Approve " Havin$considered the Draft and Final EIS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NY^RR 617.9, this Statement of Findings certifies that: i, ; k 1. The requirements of 6 NYCRR Part 617 have been met; s 2. Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action approved is one < which minimizes or avoids adverse environmental effects to the maximum extent practicable; including the effects disclosed in the environmental impact statement, and 3, Consistent with social, economic and other essential considerations, to the At maximum extent practicable,adverse enviropmental effects revealed in the environmental impact statement process will be minimized or avoided by the incorporating as conditions to the conclusion to the decision those mitigative measures which were identified as practicable e 4. Consistent with the applicable policies, this action will achieve a balance "- �_ between the protection of the environment and the need to accommad:ae "t social and economic considerations. Name afAgenry �..— Signature of RespO Wbie Off-qa! I IN Name Of Rqwa,;btr Dff,tlal Tiae afReap"O ble Offlelat - _ A AZmjs 'Agenry Dau _ Page 6 of 6 _ • asks 1 R . a D r r / �' e • � i i r / % � r RIO � � / �, / j �� � � � � � i � i � / � i � � � � � i i l•� � � i � . � � . � � / � / � ., �, i , . � l' �r // /� / . . - �_� i � ' iii � � � / /% � / i� i i ,r / ' � � ;� � � �. , � � i/ > ' � �� � � / / r' � rt � / / / / .� / - i / � i r .r � � � � � i �� ' � � ;� .� �� � i i j /i �/ / � ' � i � i � �� e � � � � �, � � � / i � �� � / � � � -� . , .. /_. -'� � i i � i i i� � .. �► � � /'��. � yam_ �, ..rte �� / � / � � / � r '- i � ; .n � � � � / 06 4- Ij Ij li 3 � fl �i A , +w t �A�_ Town Hall, 53095,Main Road P.O. Box 1179 ` Southold,New York 11971 JUDITH T.TERRY FAX(5 16)765.1823 TORN CLERK TELEPHONE(516)765.1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 20, 1989 CERTIFIED MAIL. RETURN RECEIPT REQUESTED Ben Kinzler, Esq. 147 Willis Avenue Mineola, New York 11501 Re: Application of Harold Reese, Sr. Premises: 1000-22-3-18.3615. 1 Dear Mr. Kinzler: In response to your letter of July 6, 1989 demanding a Certificate of the Clerk, as provided for by Town Law, Section 276, upon advise of the Office of the Town Attorney, I am unable to issue such a certificate. At the present time the Southold Town Planning Board is in the final stages of the review process under the State Environmental Quality Review Act (SEQRA), and as such, the applicant is not entitled to a certificate deeming preliminary approval to have been granted. The Planning Board advises me that upon completion of the SEQRA process they will proceed with their review of the preliminary maps for the proposed subdivision of Cove Beach Estates. Very truly yours, Judith T. Terr Southold Town Clerk cc: Town Attorney / Planning Boar 1� F �V• t. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 24, 1989 Cramer, Voorhis & Associates 54 N. Country Road Miller Place, NY 11754 RE: Cove Beach Estates SC:'M #1000-22-3-15. 1 & 18.3 Dear Sirs: Enclosed please find a copy of a letter submitted to the Planning Board by the Department of Health Services in regard to the Final Environmental Impact Statement of Cove Beach Estates. 1,Vepy truly yours; -'. BENNETT ORLOWSKI,JR. CHAIRMAN y v • Town Hall. 53095 Main Roads . , P.O. Box 1179 " Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 20 , 1989 Cramer, Voorhis & Associates 54 N. Country Road Miller Place, New York 11764 Dear Sirs: -Enclosed please find a copy of a letter submitted to the Planning Board by the North Fork Environmental Council in regard to the Final Environmental Impact Statement of Cove Beach Estates. Sincerely yours, Bennett Orlowski , Jr. Chairman p 102 IN Os -JNT'Y OF SUFFOLK PATRICK 0. HALPIN - SUMPMX COUNTY NXWUTvv[ 0M0Al OF HEALTH R[RViCre DAVID HAM M M.D.. M,P.}i, CO1MNy1pNp{ t July 20, 1989 a Vaierfe S00paz, Town Planner Southold Town Planning Department Southold Town Haff ;tt 53095 Main Road Southold, New York 11971 RE- C,sve Beach Estates, Final Environmental Impact Statement (FEIS) SCTM: # 1000-22.3-15.1 Dear lWs. Soopaz: n! * Suffolk COunty Department of Health Services (SCDHS) has reviewed the &Wvs FEIS and subMb the following comments. Although we Support the outlined modifications to the original sub dMsior, pian Proposed by th@ applicant, we remain concerned that the proposed action does not inirrgi.e the Potential for negative environmental impacts to the greatest eitent PraMable as required by the State Environmental Oualfty Review Act (SEORA). Details Of our position arts provided below: q Aftornilirtivo DW,*ophWnt ptarra (Comment Response #1) A The document Indloates that no additional design aftematives have been required Town, and tI9Li8 theappilcant has no reaponslbillty to provide for the ns' ter' of aamatives recommended by members of the public of involved < agencies. h MNbIMlat7,KY Ilott Eu^IFD7RE RVRL � ". ' letter to Valens 3copaz July 20, 1089 Pap 2 «, We concur with the documents position. We continue, however, to find it x grattabls that the lead agency has chosen not to require consideration of reasonable aftma0vet. by this agency, which have been provided since June of 1987. u We maird"n out position that alternative design oonsiderations which better protect the site's numerous sensitive environmental features and are consistent with the defopsercto4oaNves of the project sponsor exist, and should have been required by the lead agency. 8. Landscaping Restrictions (Comment Response 09) According to the document, "the project sponsor will have little control over the landscaping of ':ndWuai lots in the subdivision, once they are sold". The document s on to state that "the enforcement ability of dedication of appropriate landscape Is unrealledc' (p.24), We recognize the limitations of enforcing planting restrictions, as we recognize the limitations of attempting to enforce clearing restrictions. As a result we are not Confident that such clearing restrictions will, as mentioned In the document, render unnecessary ,hs need for extensive landscaping. These Inherent difficulties are precisely the reason why aur Money encourages the dedication of designated open space preserves. In the instant one, however, the Town's interest in large lot sizes resulted In our -oc=msndations regarding Imposition of native vegetation restrictions. Absent n addltxsnai open space preservation, we believe it Is worthwhile to attempt protection of native vegetation through the filing of the above discussed landscape and clearing covenants. N C. ins OPon Space (Comment Response#4) r The document contends that the restriction of lot boundaries from a dynamic c*astal shoreline Is not practicable because the potential property owners would be r66010t+ld' from gaining water access (p.24). We do not understand how the dedication of such areas ac prctec%d opens apace would. In any way, restrict property owners from ACCessing the si!e's shoreline. Such dedication would result only in the protection of se►ssitfve NO and coastline areas from future development. if, as the document t 'v x` I ~to Valerie Scopez July 20, 1 gag Page 3 rrtertds, no development of Structures is proposed for these areas, we car, see no r 1006 why the project sponsor would object to their preservation. As cu rtly +eeipned, the project shows no puns for the provlalon for a common sl 70 accd&k V1 waterfront Property owners, As a result, we suspect that future prwoetvzoxo, aspecialty tow located some distance away from the proposed park area, wili inovttshty approach the Towrr,for approval of substantial access structures. We believe strongly that the project pian should provide for one or two common toc~ printh ear shoreline property owners to minimize the potential for future structural modification proposals. Ttle dcleument wntende that future development of Sound-front areas will U powliluded as a matter of regulation". (p,24) We disagree. The stnrctural stabilization of k shoreline and constructlon of individual access facilities is prevalent throughout the Town. it Is uridser, therefore, how the document arrived at this conclusion. D7 Access PA3ed 0T to the document, the proposed subdivlslon road (which will require extensive 9 ading, fll4ng of a pond, and elimination of an existing road) is required to O.-Tinate Iles Do-.*Mai for future drag racing which could occur as a result Pmviftma?l-r )Ithe *01vely long, strait road currently providing soloses. 'OVe believe thst this Potential problem could be easily controlled by the Installation Of "81060d bumps" as part of the required Improvements to the existing access road. In addition, this simple planning measure would reduce the generation of demolition dol rds ase lated with ronvvel of the existing roadway, and require less extensive regrading, and limit amsior potartlal resulting from the removal of the existing roadway. R. trluee�eeeary rem ns okir position that the proposed pian does not minimize potential impacts tc t*s 2ssatesi a lbrd Pr8cticu We are most concerned by the proposed lot undaries of waterfrcnt lots and strongly encourage the, Town reconsider the oprt*'errs of sot boundaries which Include the site's bluffs and shoreline. y d L(Mor to ValorW SCOW Jupl�y 20, 1989 ^'Y w Y Sinoerety, Robert S. Ctui.�stse SkNoptet Cmlce of EoNogy Rowel as r v rk 4 14L k 1. t ii•+` g�. .sem+ ::.,...�..+..,....m�.w.._. g- ' L, � P AL L L p 1989 ±8 J i4rEC SOi1THOLDTOWN PIANNING BOARD July 20. 1989 Southold Town Planning Board Main Road, Southold NY 11971 Gentlemen: Re: FEIS - Cove Beach Estates The North Fork Environmental Council has serious objections to the approval of the Final Environmental Impact Statement of Cove Beach Estates. We are concerned particularly with the potential for pollution of Dam Pond from 34 home cesspools draining into these presently pro- ductive clamming waters. The pond would quickly bloom with algae from the inevitable leaching of nitrate nirtogen and ammonia from upland houses. In a study performed by the Marine Science Center of Suffolk Com- munity College of a similar waterfront development at Goose Creek, it was shown that effluent from nearby houses took only three weeks to reach creek waters. We ask ab out this not only from concern about the effect of the Cove Beach Estates development on the pond, but also for the impact of the adjacent development proposed for the Gazza property. No study of the cumulative impact of the two developments on Dam Pond has been offered. The dev eloper said he could not do such a study. We believe that calculation of the effects of construction and run-off NORTH FORK from two developments, with a total of 46 homes is of paramount ENVIRONMENTAL importance to the health of the pond. B uffer zones and boundaries COUNCIL Put forth by the developer cannot completely stop non-point a nonprofit organization pollution discharges. for the preservation of land, sea, air and Drinking water is limited in the vicinity of the proposed pro- quality of life ject which has been designated a Nater Quantity Stressed Area Route 25 at Lorre lune Po Bar 799 Mattituck,M'11952 516-298-8880 page 1 of 4 Page 2 uuly 20, 1989 Southold Planning Board Re: FEIS Cove Beach Estates by the Long Island Groundwater Management Program. High groundwater conditions will be likely to create problems for sanitary sewage disposal systems with the possibility of sewage backing into the wetlands. Various ecological studies of this area have concluded that the best use for this 97-acre parcel with its 2000 feet of shore, its bluffs, tidal wet- lands, woodlands, and diverse wildlife habitats would be to presery a it in its natural state. The Long Island Sound Study Group in 1975 disignated it the single area on Long Island among 17 along Connecticut and Long Island shores worthy of preservation. ,The Local Waterfront Revitalization Program coordinated by Southold Town and New York State's Department of State notes the pond is of importance for shellfishing and as a tributary nursery area for the Peconic Bay System. It recommended the are be left as a nature preserve with marked trails for public access along with the possibility of a public beach on Long Island Sound. Suffolk County's Office of Ecology has consistently recommended total or partial acquisition of the property. In this they are supported by Suffolk County Planning Board Chairman Arthus Kunz. If the parcel is ev entually developed, Mr. Kunz said, the sensitive waterfront area should be protected by clustering all houses to the rear of the property away from the shore- line in order to keep the beach open to public access. The developer's archeological survey does not find ev idence of Indian oc- cupation or use of the land, but also does not take into account an historic tidewater mill which once? sat on the west side of the creek at Dam Pond. It was believed to have been built in the late 1700's and bore the legend, "You air (sic) forbid to drive across this bridge faster than a walk." Supplementary comments to specific responses provided by applicant: #2: To our knowledge DEC has not staked the wetlands boundaries, therefore we believe the FEIS should not be accepted until it is completed and the site plan adjusted accordingly. Page 3 July 20, 1989 • Southold Planning Board Re: FEIS Cove Beach Estates' 06: DEC has routinely required that all runoff from roads and parking area be contained by a combination of structures such as oil separators and in-ground leaching pools. Response that the developers cannot 'prevent' road runoff into the wetlands and bay waters should be considered unacceptable. #7: We asked what the present water analysis showed. None was provided. Low level areas partially surrounded by Sound and Bay waters historically have had chloride level problems. Water data should be provided as re- quested. #8: The entire area except that adjacent to the Sound has extensive growth of mountain laurel. Applicant's response is actually non-responsive. An answer should be required. #10: Where applicants responds "may be restricted by easements and cove- nants": copies of proposed easements and covenants should be provided to ,the Town Attorney for review. Why are they not being insisted upon as they are for other projects? On comments by Dr. Martin Garrell : #1 : Response which says "see response to SAI comment #4" is not really a response. Why is the requirement for alternative actions being ignored? 02: See NFEC comments #6 above. "Discussion' of the problem is not a solution. #6: The common cattaill was observed on the fringes of fresh water ponds, not on tidal wetlands. Have the fresh water wetlands been mapped and ap- propriate protection stipulated? #11 : The SEQR handbook provides a list of alternatives that are to be considered. They include: a. Action at a different site b. A different action c. Alternate technology d. Alternate times e. Alternate magnitude f. No action These SEQR requirements have apparently been dismissed as not being re- quired. Applicant should be directed to comply with SEQR. r Town Hall, 53095 Main Road P.O. Box 1179 Ixt Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 20, 1989 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ben Kinzler, Esq. 147 Willis Avenue Mineola, New York 11501 Re: Application of Harold Reese, Sr. Premises: 1000-22-3-18. 3&15. 1 Dear Mr. Kinzler: In response to your letter Of July 6, 1989 demanding a Certificate of the Clerk, as provided for by Town Law, Section 276, upon advise of the Office of the Town Attorney, I am unable to issue such a certificate. At the present time the Southold Town Planning Board is in the final stages of the review process under the State Environmental QualityReview Act (SEQRA) , and as such, the applicant is not entitled to a certificate deeming preliminary approval to have been granted. The Planning Board advises me that upon completion of the SEQRA process they will proceed with their review of the preliminary maps for the proposed subdivision of Cove Beach Estates. Very truly yours, Judith T. Terr Southold Town Clerk cc: Town Attorney Planning Boar Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 1 1971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Judith Terry, Town Clerk FROM: Bennett Orlowski, Jr. , Planning Board Chairman oly DATE: July 13 , 1989 RE: Application of Harold Reese, Sr. Cove Beach Estates SCTM# 1000-22-3-18.3 & 15.1 The Planning Board is in receipt of the correspondence from Ben Kinzler in reference to the above mentioned application which is dated July 6, 1989, and was received by the Town Clerk's office on July 12, 1989. The correspondence states that the Planning Board has failed to schedule or hold a public hearing for consideration of the preliminary plat, and has further failed to either approve or disapprove the preliminary plat. On July 10, 1989, the Planning Board, at a public meeting, accepted the Final Environmental Impact Statement and opened a 10 day public comment period for the doucument, which is to run until July 20, 1989. Upon review of any comments submitted, the Planning Board will prepare a findings statement, thus ending the State Environmental Quality Review ( SEQRA) process. Prior to the completion of the SEQRA process, the Planning Board is without the power to make a determination on the preliminary plan for the proposed subdivision. Upon completion of the SEQRA process, the Planning Board will proceed with their review of the preliminary maps for the proposed subdivision. CC: Robert Berntsson, Assistant Town Attorney CRAMER. VOORHIS & ASSOCIAIS EmArartiinenW c54 111 Couift� df �t 4�Q ( ° 4[ G�a�Gt7�44�1d oad MILLER PLACE, NEW YORK 11764 (516) 331-1455 °ATE CZt JOB NO. t9d TO ATTENTION WE ARE SENDING YOU MAY[ached ❑ Under separate cover via the following items: > C- ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order COPIES DATE NO. DESCRIPTION I f7 fi (a i St7tfiHfllDTOWN s BANNING Rp THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval > ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19_ ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: 11 ennhnonk SM not 418 erofod,kinft noN/r w kt i CF Town Hall. 53095 Main Road p P.O. Box 1179 Southold. New York 1 1971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: All Involved Agencies FROM: Planning Board RE: rove Beach Estates SCTM #1000-22-3-15.1,18 . 3 DATE: July 11, 1989 The following action was taken by the Southold Town Planning Board on Monday, July 10, 1989. RESOLVED that the Southold Town Planning Board accept the Final Environmental Impact Statement dated June 1989. The public comment period will run from July 10, 1989 to July 20, 1989. All comments should be sent to the Planning Board office. For your assistance our Fax number is 765-1823 . If you have any questions, please do not hesitate to contact this office. cc: Suffolk County Department of Health Services Robert Greene, Suffolk County Department of Environmental Conservation Commissioner Thomas C. Jorling, D.E.C. , Albany Mohabir Perseud, Department of State Judith Terry, Town Clerk Trustees Zoning Board of Appeals Building Department Applicant it 46 BEN KINZLER ATTORNEYAT LAW 147 WILLIS AVENUE MINEOLA,NEW YORK 11601 (5181748-7788 FAX(6tW 248-4819 ROLAND P.BRINT RECEIVED AL 12 5989 SOUthol'i July 6, 1989 Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Application of Harold Reese, Sr. Premises: District 1000 Section: 22 Block: 3 Lots: 18.3 & 15. 1 Gentlemen: On April 25, 1989 our client, Harold Reese, Sr. , filed with the Planning Board of the Town of Southold a preliminary platin respect to a proposed subdivision of the above referenced premises. Please be further advised that as of this date, the Planning Board has failed to schedule or hold a public hearing for consideration of such preliminary plat and has further failed to either approve or disapprove such preliminary plat. By reason of the Planning Board's failure to take action on my client's preliminary plat within the time prescribed therefor by Town Law, Section 276, demand is hereby made upon you to forthwith issue to our client, as required by law, a Certificate of the Clerk of the Town of Southold as to the date of submission of the Preliminary Plat and as to the failure of the Planning Board to take action on said Preliminary Plat within the prescribed time. If such certificate is not received by this office within ten (10) days of this date, we will have no choice but to apply to a court of competent jurisdiction to compel the issuance of such a certificate. Thank you for your anticipated courtesy in this matter. ry t ly yours, L BK:em Ben Kinzler 1 r � �c�1FFQ(K„ Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 1 1971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June il, 1989 Kenneth Coenen Hampton-Manor Associates,Inc. P.O. Box 308 Manorville, NY 11949 RE: Cove Beach Estates SCTM #1000-22-3-15.1,18.3 Dear Mr. Coenen: The following action was taken by the Southold Town Planning Board on Monday, July 11, 1989 . RESOLVED that the Southold Town Planning Board accept the Final Environmental Impact Statement dated June 1989. The public comment period will run from July 10, 1989 to July 20, 1989. All comments should be sent to the Planning Board office. For your assistance our Fax number is 765-1823 . If you have any questions, please do not hesitate to contact this office. very truly yours, r �•7 BENNETT ORLOWSKI,JR. CHAIRMAN enc. jt �O Town Hall. 53095 Main Road P.O. Box 1 179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: A7.1 Involved Agencies FROM: Planning Board RE: Cove Beach Estates SCTM #1000-22-3-15.1,18.3 DATE: July 11, 1989 The following action was taken by the Southold Town Planning Board on Monday, July 10, 1989 . RESOLVED that the Southold Town Planning Board accept the Final Environmental Impact Statement dated June 1989. The public comment period will run from July 10, 1989 to July 20, 1989. All comments should be sent to the Planning Board office. For your assistance our Fax number is 765-1823 . If you have any questions, please do not hesitate to contact this office. cc: Suffolk County Department of Health Services Robert Greene, Suffolk County Department of Environmental Conservation Commissioner Thomas C. Jorling, D.E.C. , Albany Mohabir Perseud, Department of State Judith Terry, Town Clerk Trustees Zoning Board of Appeals Building Department Applicant jr "--l-RANi MM VWNRM4:i4fOC1ATES T Envirm"Nerilblif consauarft LETTER (L MILLER PLACE,NPLACE NREVY YORK 11764 JUL - 3 1989 DATE JOB NO. (516) 331-1455 TO 7 IZYY..! '!Q� T2ir{IN'V 1.....�„-.T../.. �p ._.,...; Dov-r oc.�a�l /lp71 WE ARE SENDING YOU ) Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order zbc COPIES DATE NO. DESCRIPTION c3 �lP IC J55 ti� �,✓� �ye(carT.q.Z=STtW THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval For your use ❑ Approved as noted ❑ Submit copies for distribution > As requested ❑ Returned for corrections ❑ Return - corrected prints For review and.comment ❑ �E7 FOR®IDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS AA,0 / 4Ka L � GrJ/T+Y JADE 4 aa!:Sle� A5 -j 40C&07i /i � 7�� CIARZ 7.0 7a. 77J_ P7� .4 / c �- Y .c.26g5s� z� t'w � r .� LG COPY TO SIGNED: II enclosures aro not as noted,kindly notify oa of ERA 20111 -4- Flo CRAMER V�_ ' R OCIATES ENVIRONMENT _ G CONSULTANTS June 14 , 1989 Mr. Bennett Orlowski , Jr. , Chairman Planning Board Town of Southold JUN 15 1989 a E Town Hall , 53095 Main Road JUI P.O. Box 1179 Southold, New York 11971 SOUTHOLD TOWN I PLANNING BOARD RE: Response to Comments Cove Beach Estates SCTM #1000-22-3-15 . 1 & 18 . 3 Dear Benny: We have received the response to comments forwarded from ;•our office and have reviewed same . The responses to the comments on the HEIS for the above referenced project , have been prepared by Hampton-Manor Associates , Inc . on behalf of the applicant , and are included within the document entitled, "Final Environmental Impact Statement for Cove Beach Estates , 'Down of Southold, New York" , dated June 5 , 1989 . The intent of the June ..5th document was to address CVA' s review of the procedure and submissions contained within our letter to you dated May 120 1989. It is our finding , and hence recommendation to the Planning Board, that several of the responses to comments are not satisfactory. The responses do not provide the necessary information or detail , for inclusion in the preparation of the FEIS . For the most part , the need for additional information is minor; however, the absence of the information does riot. Address the comments nor does it provide the necessary base for the agencies to prepare findings or ultimately render decisions. A significant deficiency, is the analysis of the alternative plan which has been prepared. In the review of the revised subdivision plan submitted with the responses , it is our general opinion that many of the concerns raised by the commentors, as well as the Planning Board, are addressed in a satisfactory fashion as a result of the revised plan . However , the discussion of the new alternative plan lacks the level of detail required to sufficiently permit a comparative assessment of this alternative [ 617 . 14 ( f) ( 5 ) ] . A discussion Of an alternative plan was called for in both the Szepatowski Pnge 1 of 2 Cove *ach Estates Response to Comments Associates , Inc . and the Suffolk County Department of Health Services Office of Ecology comments on the DEIS as well as the letter from CVA dated May 12th. Considering that two submissions have been made by the applicant to address the comments ; and, there are still outstanding issues, we would like to suggest the following : CVA will prepare the additional necessary documentation, utilizing appropriate information provided by Hampton-Manor Associates , Inc . in their submission dated June 5th, to be supplemented, as appropriate . This documentation, in =onjunction with the responses prepared by Hampton-Manor Associates , Inc . will constitute the FEIS. Based on the + - above, additional time is therefore necessarp to adequately prepare the FEIS [ (617 . 8(e) ( 2 ) ( i ) ] • The other option available to the Board, is to ask the applicant to once again respond to the comments . If this is the Board ' s wish we will prepare another detailed outline of the information and format which is necessary to complete the process . This option though, will no doubt cause additional delays of the action. If you concur with our recommendation to have CVA prepare the additional information, the FEIS will be available for the Boards consideration of acceptance prior to your meeting of July 10 , 1989 . If there are any questions regarding the above , or if we can supply any additional information please feel .free $o ,r contact us . ' Very tr curs f a W. Cramer, ASLA ,�: CRAMER, VOQRH+ 5 gq/A'�SOCIATES Page 2 of 2 ENVIRONMENTr` {tVG CONSULTANTS geese +gyros. $nc. 655 SUNRISE HIGHWAY i EI n„ LYNBROOK,N.Y. 1 1563 �[�](� 516-503-5200 JUN 3 0 1.7 .71 JUNE 26, 1989 MR. JOHN A. CUSHMAN TOWN ACCOUNT SOUTHOLD PLANNING BOARD P.O. BOX 1179 SOUTHOLD, NEW YORK. 11971 GENTLEMEN: WE ARE IN RECEIPT OF YOUR LETTER DATED JUNE 14, 1989 WHICH ENCLOSED VARIOUS COPIES OF BILLS SUBMITTED BY SZEPATOWSKI ASSOCIATES IN THE AMOUNT OF $8630.00 THIS SUM IS IN ADDITION TO THE $10700 PAID IN MARCH 1988 MAKING A TOTAL OF $19330- WOULD YOU PLEASE BE KIND ENOUGH TO SEND AN ITEMIZE BILL SHOWING. 1. DATE OF WORK ( REVIEW ) 2. WHO DID THE WORK 3. EXACTLY WHAT WAS DONE AND DISCUSSED AT THE VARIOUS MEETING 4. CHARGES PER HOUR 5. ANY ADDITIONAL CHARGES TRAVEL, TELEPHONE, TOLL, ETC- ) JAN. 30 1989 $460.00 FEB. 28 1989 $680.00 MARCH 27 1989 $1500.00 APRIL 27 1989 $4790-oo DEC. 29 1989 $315.00 NOV. 28 1989 $800.00 OCT. 25 1988 $ 70.00 SEPT. 29 1988 $455.00 AUG. 26 1988 $885.00 JULY 29 1988 $ 35.00 JULY 5 1988 $620.00 MAY 3 1988 $355.00 VERY TRULY YOURS MR. HAROLD REESE SR. a Town Hall. 53095 Main Road A R. r P.O. Box 1179 ' ✓f ,,�� Southold. New York 1 1971 .z .. TELEPHONE (516)765-1938 PLANNING BOARD OFFICE ' TOWN OF SOUTHOLD June 21, 1989 Kenneth C. Coenen Hampton-Manor Associates, Inc. P.O. Box 308 Manorville, NY 11949 RE: Cove Beach Estates SCTM#41000-22-3-15.1 & 18.3 Dear Mr. Coenen: The Planning Board has reviewed the enclosed correspondence from the Consulting Firm of Cramer, Voorhis & Associates. The Board has requested that Cramer, Voorhis & Associates prepare the necessary additional information, and also prepare the Final Environmental Impact Statement. As stated in the enclosed correspondence, the FEIS will be scheduled to be reviewed at the July 10, 1989 Planning Board meeting. If there are any questions regarding the above, please contact the office of Cramer, Vooris & Associates. Very t ul y r' .Jirf/f BENNETT ORLOWSKI, JR. CHAIRMAN enc. cc: Cramer, Vooris & Associates, Town Consultant HIS CRAMER, VQSRH ;; ' OCIATES ENVIR0NMENTA�'r,,A Ot ' G CONSULTANTS June 14 , 1989 � R Mr. Bennett Orlowski , Jr. , Chairman --�-1��_.Ir p( o2, � Y � Planning Board oft II Town of Southold l JUN 1 91989 Town Hall , 53095 Main Road P.O. Box 1179 _ .. Southold, New York 11971 n` RE: Response to Comments Cove Beach Estates SCTM #1000-22-3-15 . 1 & 18 . 3 Dear Benny: We have received the response to comments forwarded from your office and have reviewed same. The responses to the comments on the DEIS for the above referenced project , have been prepared by Hampton-Manor Associates , Inc . on behalf of the applicant , and are included within the document entitled, "Final Environmental Impact Statement for Cove Beach Estates , Town of Southold, New York" , dated June 5 , 1989 . The intent of the June 5th document was to address CVA' s review of the procedure and submissions contained within our letter to you dated May 12 , 1989. It is our finding, and hence recommendation to the Planning Board, that several of the responses to comments are not satisfactory. The responses do not provide the necessary information or detail , for inclusion in the preparation of the FEIS. For the most part , the need for additional information is minor; however, the absence of the information does not address the comments nor does it provide the necessary base for the agencies to prepare findings or ultimately render decisions . A significant deficiency, is the analysis of the alternative plan which has been prepared. In the review of the revised subdivision plan submitted with the responses , it is our general opinion that many of the concerns raised by the commentors , as well as the Planning Board, are addressed in a satisfactory fashion as a result of the revised plan. However, the discussion of the new alternative plan lacks the level of detail required to sufficiently permit a comparative assessment of this alternative [ 617 . 14( f) ( 5 ) ] . A discussion of an alternative plan was called for in both the Szepatowski Page 1 of 2 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 4 Cove Beach Estates Response to Comments Associates , Inc . and the Suffolk County Department of Health Services Office of Ecology comments on the DEIS as well as the letter from CVA dated May 12th. Considering that two submissions have been made by the applicant to address the comments; and, there are still outstanding issues , we would like to suggest the following : CVA will prepare the additional necessary documentation, utilizing appropriate information provided by Hampton-Manor Associates , Inc . in their submission dated June 5th, to be supplemented, as appropriate . This documentation, in conjunction with the responses prepared by Hampton-Manor Associates , Inc . will constitute the FEIS . Based on the above , additional time is therefore necessary to adequately prepare the FEIS [ ( 617 . 8(e ) ( 2 ) ( i ) ] . The other option available to the Board, is to ask the applicant to once again respond to the comments . If this is the Board' s wish we will prepare another detailed outline of the information and format which is necessary to complete the process . This option though, will no doubt cause additional delays of the action. If you concur with our recommendation to have CVA prepare the additional information, the FEIS will be available for the Boards consideration of acceptance prior to your meeting of July 10 , 1989 . If there are any questions regarding the above, or if we can supply any additional information please feel free J�o contact us . i ' Ver ?tr urs Cramer, ASLA Page 2 of 2 CRAMER, V(�RFf ,` SOCIATES ENVIRONMEN-r ,.RNLI, G CONSULTANTS iiM 3' 1 Town Hall. 53095 Main Road Ati" P.O. Box 1179 Southold. New York 11971 r J TELEPHONE w (516) 7651938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 19, 1989 Harold Reese,Sr. Reese Bros. Inc. 855 Sunrise Highway Lynbrook, NY 11563 RE: Cove Beach Estates SCTM #1000-22-3-15. 1 &18.3 Dear Mr. Reese: A review of our books indicates that the fees for the environmental review of the above-referenced project subject to the New York State Environmental Quality Review Act have exceeded the initial monies you have paid to the Planning Board to cover the environmental review. Enclosed you will find a copy of the bills that were sent to the Planning Board by its environmental consultant, Szepatowski Associates, Inc. for the review of the above-named project . It would be appreciated if you would submit the balance, which is $8, 630.00, to this office by July 3, 1989. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN cc: James A. Schondebare, Town Attorney John A. Cushman, Town Accountant Town Hall. 53095 Main Road ;,,� k P.O. Box 1179 Southold. New York 1 1971 TELEPHONE (5 16) 7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 19, 1989 Kenneth C. Coenen Hampton-Manor Associates, Inc. P.O. Box 308 Manorville, NY 11949 RE: Cove Beach Estates SCTM #1000-22-3-15.1 & 18.3 . Dear Mr. Coenen: The following action was taken by the Southold Town Planning Board on Monday, May 15, 1989. RESOLVED that the Southold Town Planning Board accept the report dated May 12, 1989 from Cramer, Voorhis & Associates, Environmental Consultants. This report is to be transmitted to the applicant for his review and response. As noted at the meeting, the applicant can contact the above mentioned consultant if any questions arise. ZVVertruly yours /rt BENNETT ORLOWSKI,JR. CHAIRMAN cc: Cramer, Voorhis & Assoc. enc. jt CRAMER, VOOR=6041 s'°' OCIATES ENVIRONMENT7�3 x(60 „ � G CONSULTANTS May 12 , 1989 � in1uC$ 0 �9 � � 4 'jj Bennett Orlowski , Jr. , Chairman 1W 16 Town of Southold Planning Board Town Hall , 53095 Main Road Su T4i_C. i"rt;15d Southold, New York 11971 PLANhHAtG�''' ;` Re : Final Eis Review Cove Beach Estates SCTM #1000-22-3-15 . 1 & 18 . 3 Dear Benny: The attached document constitutes our review of the procedure and submission to date with regard to the FEIS of the above referenced action. This document is in a form which can be sent directly to the applicant once the Board has review, and is in agreement with its content . If the contents are satisfactory, we recommend that the Board pass a resolution stating that you concur with the contents of the review and request the applicant to address same . We also recommend that the Board carbon copy the other involved agencies in order to copy with 617 . 8e2( ii ) , for expanding the scope of the document. Very tr s, f , Cramer, ASLA Enclosure : 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 CRAMER, V00RHk� , '` OCIATES ENVIRONMENTAL.p�lOJ ' G CONSULTANTS TO: Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board FROM: Cramer, Voorhis and Associates, Inc. DATE: May 11 , 1989 RE: Final EIS Review Cove Beach Estates, DEIS SCTM #1000-22-3-15. 1&18.3 Introduction We appreciate the opportunity to be of service to the Town of Southold Planning Board, in the coordination and completion of the Final Environmental Impact Statement (Final EIS ) for the project Cove Beach Estates at East Marion. We have taken the opportunity to review the file on this matter in detail in order to gain familiarity with the project . In addition, a field inspection of the site was conducted on May 9 , 1989 , in order to further identify site features , environmental resources and areas of concern. The following constitutes our review and recommendations concerning State Environmental Quality Review Act (SEQR) procedures for complying with the regulatory mandates upon the Lead Agency for completion and filing of a Final EIS for the above referenced project . Project Description The project involves the proposed subdivision of a 96 . 3847 acre parcel of land zoned Residential "A" and General Industrial "C-1 " , into 34 single family lots . There is provision for construction of roads and drainage systems as well as the preservation of 32 . 8 acres ( 34%) of the total site in open space ( two areas ) , and allowance of 5 . 1 acres for park and recreation area. Background In terms of regulatory compliance, the project had previously received a positive declaration dated May 23 , 1988 , thereby requiring the preparation of a Draft EIS . A Draft EIS prepared by the applicant was accepted by the Page 1 of 12 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 Cove Beach Estates Final EIS Review Planning Board on December 19 , 1988. The DEIS was then circulated for interagency and public comment , and a public hearing was held on the Draft EIS on February 6, 1989. In accordance with the regulations promulgated pursuant to the State Environmental Quality Review Act [6NYCRR Part 617. 8 (e) ] , the applicant forwarded relevant comments to the applicant , to cause a Final EIS to be completed. The applicant has responded by the applicant in two ( 2 ) letters from Kenneth C. Coenen (Hampton-Manor Associates, Inc. ) dated February 20, 1989 and March 16 , 1989 . Final EIS Procedures Under the regulations contained in Part 617 . 8 (e) concerning Final EIS procedures, " . . . the lead agency shall prepare or cause to be prepared and shall file a Final EIS, within 45 calendar days after the close of any hearing or within 60 days after the filing of the draft EIS, whichever last occurs" , except as provided in paragraphs ( 1 ) and ( 2 ) of subdivision (e) . Paragraph ( 2 ) is very important as regards the subject application - accordingly, it is quoted herein as follows : (2) The last date for preparation and filing of the Final EIS may, be extended: (i) where it is determined that additional time is necessary to prepare the statement adequately; or (ii) where problems with the proposed action requiring material reconsideration or modification have been identified. At this time in the process, both of the aforementioned sub-paragraphs apply. As the consultant to the Lead Agency, and based upon the information reviewed to date which will be discussed in detail below, we recommend that the Planning Board determine that additional time is necessary to adequately complete the Final EIS. In addition, the applicant has been made aware that there are problems with the action requiring material reconsideration or modification of the proposed subdivision. This was related to the applicant in a letter dated May 11 , 1988 in which a copy of a "marked up" map with comments and concerns of the Planning Board were stated. Accordingly, the Lead Agency is not presently bound by specific time frames for completion of the Final EIS . CRAMER, VOCIATES Page 2 of 12 ENVIRONMENT G CONSULTANTS 0 Cove Beach Estates Final EIS Review Recommended Review Procedure It is recognized that the subject application has been pending for some time, and that the applicant is anxious to proceed with, and complete the review process ; however, the fact remains that the Lead Agency does not at present possess the necessary information to complete the Final EIS . In order to continue the process in the most constructive and expeditious manner, it is necessary for the applicant to supply the Town with additional information. Although it is unquestionably the Lead Agency' s responsibility to file an adequate Final EIS, SEQR contemplated allowing the Lead Agency to "cause" the document to be prepared. The applicant has retained the services of a professional environmental consultant to provide the Town with information for review in the SEQR process. In the case of the subject application, it is important for the Planning Board to establish communications with the applicant which will lead to a project which will minimize environmental impacts to the maximum extent practicable, fulfill the objectives of the Town, and hopefully fulfill the objectives of the project sponsor. This can be accomplished in the Final EIS through the response to comments on the Draft EIS. It is advantageous to have the applicant respond to various comments in order to establish a clear understanding of the project sponsors intent in terms of mitigation, and project modification, if necessary. In addition, it is very often possible for the applicant to cause responses to comments to be prepared in a more expeditious and cost effective manner than if the Lead Agency were to perform this work. In the instance of the subject application, we feel it is inappropriate for the Town to design, re-design and mitigate a project which is proposed by an applicant. The applicant has been made aware of the Planning Board ' s concern in the letter of May 11 , 1988 transmitting the Board ' s suggestions for a modified project. Further, the applicant has been made aware of interagency and public concerns through the comments on the Draft EIS. At this time we feel it is appropriate for the Town to review that which has been submitted by the applicant and clearly outline the concerns and deficiencies . That review is incorporated herein. CRAMER, VSOCIATES Page 3 of 12 ENVIRONMENT G CONSULTANTS Cove Beach Estates Final EIS Review Review of Response to Comments As previously indicated, the applicant has provided responses to comments generated on the Draft EIS, in letters to the Planning Board dated February 20 , 1989 and March 16 , 1989 . In review of these responses , we find that many comments are not addressed, or are addressed inadequately. In addition, the presentation of this material is difficult to utilize , in that there are partial responses to similar comments with cross reference between letters. In addition to the substance of the responses , we find that, there is a reluctance on the part of the applicant to provide information on additional issues (particularly alternatives) which were not included in the original scope . Under SEQR Part 617 . 7 (c) , it is stated that, . . If the Leath Agency later [ in the process] determines that issues not included within the scoping document should be included in the EIS , it must provide the applicant and the involved agencies with a written statement explaining the need for additional analysis. " Therefore, we find that the Lead Agency is well within it ' s rights by requesting additional information where necessary. Specific requests for additional analysis and the need for such information will be addressed below. Another general area which appears to be obstructing the continuation of the process , is the need to determine the feasibility and the project sponsors intent to provide mitigation measures recommended in the consultants responses. In order to rectify this situation, it would be very useful if the applicant would coordinate the preparation of a subdivision plan which incorporates mitigation, regulatory boundaries (as requested by the Planning Board, May 11 , 1988 ) and is supported by the text of the response . Review of the applicants response to comments contained in letters from Kenneth C. Coenen is provided herein in order to assist the applicant in providing the Lead Agency with the information necessary to complete the Final EIS for this project . It is recommended that the applicant address the comments listed below, in a concise organized format for incorporation into the Final EIS. Organization might involve addressing the most encompassing comments first , with reference to previous responses for repetitive comments, or SOME! other logical process . In addition, the response should not be in letter form, but rather in report form for incorporation into the Final EIS , if the Lead Agency desires . CRAMER, V OCIATES Page 4 of 12 ENVIRONMENT G CONSULTANTS Cove Beach Estates Final EIS Review Substantive comments which should be addressed are contained within the documents as follows : * Szepatowski Associates , Inc . (SAI ) letter to Planning Board dated January 25 , 1989 . * Martin Garrell comments dated February 16 , 1989. * North Fork Environmental Council (NFEC) letter to Planning Board dated February 15 , 1989. * Suffolk County Department of Health Services ( SCDHS ) Office of Ecology letter to Planning Board dated December 19 , 1989 . A review of the responses to comments has been conducted and the deficiencies of those responses, to date , are provided below: SAI comments 1 . The wetland boundary must be more clearly defined. The wetlands are a key concern with regard to this project, and all subdivision planning , wetland resource and habitat protection relies on an accurate delineation of the extent of wetlands . The Southold Planning Board is the Lead Agency and the agency concerned with the protection of the Town' s environmental resources , and therefore they must ensure that the planning and ultimate subdivision of land is in accordance with wetland and habitat protection goals . Review of the proposed subdivision finds that wetland impact concerns are justified particularly in the vicinity of the north cul-de-sac , the lot 13/park easement , and the building envelops for lots 13 and 19 . The New York State Department of Environmental Conservation (NYSDEC) is a separate permitting agency which may or may not share the locally significant concerns of the Town. It is noted that the map as currently proposed does not even meet the minimum setback requirements as defined in the Tidal Wetlands Act Part 661 . 6 (a) ( 1 ) . From field inspection, we find that the wetlands in the northern portion of the property generally coincide with the tree line as depicted on the plan with the exception of a slightly more encompassing area west of the pond shown with water elevation 1 . 7 feet . The central wetlands area appears to coincide with the 2 foot contour. In order to correct CRAMER, VOCIATES Page 5 of 12 ENVIRONMENT G CONSULTANTS Cove Beach Estates Final EIS Review this situation, a definitive wetlands line must be proposed and accepted, or a sufficient setback margin must be provided so as to ensure that impact to wetlands will not occur. This is also a condition of the NYSDEC permit which requires that , " . . . no disturbance occur within 50 feet of the ten foot contour (or seaward of the existing ten foot contour elevation line where this line is closer than 50 feet ) . . . " . 2 . No further information is needed at this time ; however, response should be compiled in the format outlined above . 3 . No further information is needed at this time; however, response should be compiled in the format outlined above . 4 . No further information is needed at this time ; however, response should be compiled in the format outlined above. 5 . The Coastal Erosion Hazard Area Boundaries and the Federal Flood Zones should be plotted in order to determine compliance . In addition, the proposed building envelopes , and/or recommended covenants should be shown on the map, in order to determine adequacy. It is not satisfactory to incorporate this into future submissions . A slope analysis should be provided in order to determine constraints and mitigation. Areas of greater than 20% slopes are considered significant and should be protected through building envelopes where possible. Reference should be made to the need for grading site plans to be submitted in conjunction with future building permits , should the proposed lots be approved for subdivision. It is not satisfactory to assert an opinion without providing supportive analysis . 6 . No further information is needed at this time ; however, response should be compiled in the format outlined above . 7 . No further information is needed at this time regarding the suitability of subsoils; however, response should be compiled in the format outlined above . The issue of the road ownership and maintenance should be addressed through a more detailed review of the potential impacts associated with road runoff, as determined in the Nationwide Urban Runoff Program (NURP) . It is generally acknowledged in the report , that the groundwater impacts CRAMER, V OCIATES Page 6 of 12 ENVIRONMENT G CONSULTANTS Cove Beach Estates Final EIS Review associated with runoff from residential areas is not a significant contamination threat. The feasibility and enforceability of imposing street cleaning restrictions may not be an issue if it is supported that the groundwater impact from runoff is not significant . Surface water impacts frora runoff may be significant and will be addressed below. 8 . No further information is needed at this time; however, response should be compiled in the format outlined above. 9. The daily road capacity is determined to be well in excess of the existing and development related volumes; however, the peak hour impacts , particularly at the intersection with NYS Route 25 should be discussed. The cul-de-sac at lots 1 and 2 should be designed so that: it is entirely within the applicants property. The revised map should be submitted in conjunction with the revised response to comments in order for the Lead Agency to assess the affect of this modification of slope and bluff setbacks . The applicant should be aware of the Lead Agency' s concern in this area, and address impacts as necessary. 10 . No further information is needed at this time ; however, response should be compiled in the format outlined above. 11 . A construction staging plan must be proposed by the applicant . This is an important mitigation measure which will assist in the protection of site resources. The removal or re-utilization of the existing pavement, as well as the on-site debris in the vicinity of large recharge area in the south central portion of the site should be addressed. It is not satisfactory to refer to the Section A108-5 of the Town Code . The construction and operation of the proposed action is an important component of the EIS as outlined in the NYSDEC Model Scoping Checklist. 12 . No further information is needed at this time; however, response should be compiled in the format outlined above. 13 . The trip generation of the proposed project should be further clarified utilizing reference to the 1987 ITE Trip Generation Handbook for AM and PM peak trips, and daily trips generated. 14 . It is recommended that covenants be filed which CRAMER, VOCIATES Page 7 of 12 ENVIRONMENT G CONSULTANTS Cove Beach Estates Final EIS Review restrict the percentage of clearing based upon lot size. The Suffolk County Pine Barrens Review Commission has established lot clearing restrictions for pine barrens areas, which are generally accepted by the building industry. Due to the extreme sensitivity of this site , it is recommended that these restrictions be imposed on the Cove Beach Estates subdivision. The applicant should state the proposed clearing restrictions for each lot, and place a note on the map or other statement of willingness to file said restrictions as covenants as a condition of the approval of the final subdivision. In addition to general lot clearing restrictions , we feel that there are other areas of the site which should be protected through specific buffer restrictions on private lots, particularly in areas near wetlands . These areas should also be described and/or depicted on the map, and filed as covenants as a condition of final subdivision approval . 15 . Please refer to SAI comment 1 above . 16 . The response provided in the letter of February 20 , 1989 in conjunction with the construction schedule requested in number 11 above , is sufficient for this comment by SAI . The response should be compiled in the format outlined above. 17. An alternative analysis of a cluster design which would provide more open space is requested in comments by the SCDHS and SAI . Such an alternative could potentially reduce impacts to a significant extent in accordance with many of the comments on the DEIS regarding wildlife habitat and wetland impacts , flood prone areas, open space and other relevant concerns . We feel there is more than sufficient justification to allow the Planning Board to expand the scope of the document to explore an alternative design which would address these concerns. The inclusion of such an alternative is exactly what the SEQR Regulations contemplate by allowing for additional analysis. In the case of the subject application, the need for this alternative has become apparent based upon information contained in the Draft EIS and subsequent comments. The inclusion of this alternative would add significant information to the decision-making process , in accordance with the intent of the law. The design of the condensed cluster alternative should seek to maximize setbacks from the most significant portion of the site , the barrier beach and wetland communities in the northern part of the property. Although we note an abundance CRAMER, V OCIATES Page 8 of 12 ENVIRONMENT G CONSULTANTS Cove Beach Estates Final EIS Review of wildlife throughout the site, activity is certainly concentrated in this area. On the existing subdivision plan, lots and improvements which infringe upon this significant area include : the park and recreation area, the proposed cul- de-sac, part of lot 12 , and lots 13 through 15 . It is recommended that these aspects of the existing plan be deleted in the alternative . In addition, wetlands setbacks on lots 19 and 20 should be expanded. An alternative design should be sought , which utilizes 40, 000 square foot lots on the interior of the site, in order to protect those areas identified above. Some of the 19 . 9 acre open space area could be utilized in order to maintain a similar yield, if absolutely necessary. In addition, consideration should be given to utilizing the existing road alignment on the south side of the property (to the first depression) , in order to minimize additional disturbance and asphalt disposal . Sound fronting lots should remain deep with sufficient area to allow for a substantial setback. Martin Garrell co®ents 1 . No further information is needed at this time; however, response should be compiled in the format outlined above. 2 . Review of the subdivision design finds that the drainage from the proposed cul-de-sac will be handled by leaching pools within 100 feet of the wetlands, which are designed to contain only 2 inches of runoff. It is imperative that the impacts of this runoff upon the wetlands be discussed and/or mitigated. The relocation of this cul- de-sac is recommended as well as the retention of at least 4 inches of runoff, or conveyance of runoff to the nearest recharge basin. In addition, the intended use and structural improvements to the proposed park and recreation area should be clarified, and impacts assessed as necessary. 3 . No further information is needed at this time; however, response should be compiled in the format outlined above. 4 . There is reference made in the consultants response to on site water quality analysis . The results of this analysis should be provided. 5 . Please refer to SAI comment 13 above. CRAMER, VOCIATES Page 9 of 12 ENVIRONMENT G CONSULTANTS Cove Beach Estates Final EIS Review 6 . No further information is needed at this time; however, response should be compiled in the format outlined above. 7 . No further information is needed at this time; however, response should be compiled in the format outlined above. 8 . No further information is needed at this time; however, response should be compiled in the format outlined above . 9 . The content of the response to the Office of Ecology comment should be included in the submission. 10 . Please refer to SAI comment 16 above . 11 . No substantial additional information is needed at this time; however, response should be embellished upon and compiled in the format outlined above. 12 . The expected daily household water consumption should be stated and supported. 13 . No further information is needed at this time; however, response should be compiled in the format outlined above. 14 . It is acknowledged that the park and recreation area contain some wetlands and could be impacted. The proposed use and potential impacts associated with this area should be discussed. 15 . No further information is needed at this time ; however, response should be compiled in the format outlined above . 16. Please refer to SAI comment 1 above. 17 . No further information is needed at this time; however, response should be compiled in the format outlined above . 18 . No further information is needed at this time ; however, response should be compiled in the format outlined above. CRAMER, VOCIATES Page 10 of 12 ENVIRONMENT G CONSULTANTS Cove Beach Estates Final EIS Review NFEC comments 1 . The consultants response states that the minimum wetland setback is 75 feet ; however 100 feet can be accommodated. The 100 foot minimum is strongly recommended, and should be proposed by the applicant with some feasible means of enforcement protection provided. 2 . Please refer to SAI comment 1 above. 3 . The reference to the NYSDEC permit as adequate means for protecting the wetlands is not sufficient or supported by the documentation reviewed to date . Please refer to SAI comment 1 above. 4 . The conformance of the project to the intent of the Coastal Erosion Hazard Act and the Federal Emergency Management Act should be further supported. 5 . No further information is needed at this time; however, response should be compiled in the format outlined above . 6 . Please refer to Martin Garrell comment 2 above. 7 . Please refer to Martin Garrell comment 4 above. 8 . The location of the "extensive stand" of mountain laurel should be indicated, and the actual feasibility of protection determined. 9 . No further information is needed at this time; however, response should be compiled in the format outlined above. 10 . No further information is needed at this time; however, response should be compiled in the format outlined above . SCDHS Comments 1 . Please refer to SAI comment 17 above . 2 . Please refer to SAI comment 14 above. 3 . The feasibility of providing beneficial landscape plantings in connection with the subdivision application should be discussed, particularly as regards roadside and CRAMER, V OCIATES Page 11 of 12 ENVIRONMENT G CONSULTANTS Cove Beach Estates Final EIS Review recharge areas . In addition, a list of recommended plantings for private lots should be suggested. 4. Additional justification is required to support the contention that dedication of those areas seaward of the ten ( 10 ) foot contour is not appropriate. Perhaps the logistics of private vs . public ownership and use could be discussed. It is noted that some areas below the ten ( 10) foot contour will be in common ownership and could in fact be protected by such means. The most significant areas deserving of protection should be identified. 5 . Public access to the waterfront is an important concept in coastal zone management. The possible areas for dedication, and future passive waterfront access should be identified as it would be useful to the Planning Board' s consideration of this project. CRAMER, VOCIATES Page 12 of 12 ENVIRONMENT G CONSULTANTS s } Jl ern �',} �� � ( �.. :.TD�•*: � R "yr , ''May 12 , 2 wY ,''i+ e �, 31ruo, h ..,Y 4 70 13Amp0bra mid Road 1, 1` „a. 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M � fill V , r$P Do V W f 5 M lam ti^ z � k Y 1t r wag } KI I �w ; P r '¢ E str • 5 r T t3 r kX Y t Y'WEN'" Y.t" i ne F, .+tYL�£!"3.t IW�iMF.t "i>' �3:e:f,.� i`Y .' '+�" i7 a' T�,2+ ^2f VMS. Tt for all I s y �'= . }� � a Am yC egg" l ,n it ew e I�g� )�,� q h r ,y{ 4, 9198 �.'� " %rvrb +�, Ck'! d t. F apt x INV des t3 fnE s2 'l icli `➢ sL't Sds �3l} z •�� - 83f` t ' 44 lN #�-"r�k`i e '�1`�t" r .i. " �� � �" �4�134.5 ''r��i'?3:fi4"#�„d z'98 t x ", _ <rM,.dy`R'-' Alx4� i X.. 1ON A we 'Jif Ad fS 4 .�p�y,,,�.. MIS S rk�^t M W � .`� i3'�A ��ks ' A � Crf :�# f , 3 611 - � h — AW § •:+ rk +Y"�+7'Sp' � v. ry'�'.pe`�'.✓"x ^f: �' j rst't v1. 4 2 Y f P { 9 ? F w w woopitk .1� t pp as _ s w. dM M 9 Vol M yi; A? S Mt _ U � i _ TT 3 ,.5' v .`-1 S41 S EEIPATOWSKI ASSOCIATES INC. ENVIR ONMENTALNTAL ENGINEERS& LANDUSE PLANNERS (�l May :2, 1989 MAY - 3M so .. Bennett Orlowski, Jr. , Chairman Ptvrra Southold Town Planning Board Town Hall 53095 Main Road Southold, NY 11971 Re: Initial (Confidential) Draft Proposed FEIS for Cove Beach Estates Dear Mr. Orlowski : On May 1, 1989 SAI received your correspondence dated April 27, 1989 with regard to the above document. In an effort to get clarification as to the problems with this document, our office contacted the Planning Board Office. Melissa Spiro advised that the problems involved content, the staff: personnel assigned to this project, and the timeliness of the receipt of documents. Without knowledge of specific problems with regard to content, we are unable to answer the Board on this issue. However, as to the staff assigned to this project, Diane Schultze, works as an assistant to the Principal Planner, David Emilita. Her work on these projects has been in the capacity of assistant and all documents are the product of the Principal Planner. Staff assistance is necessary so that documents can be prepared in a timely and economic fashion. This results in a lower billing cost. We have never been directed by the Planning Board that Diane Schultze is not allowed to work on projects. With regard to the timeliness of receipt of documents, the Cove Beach document was referred to your office more than two weeks prior to the deadline of May 1. SAI cannot be blamed for a loss of time due to the applicants late submission of information necessary to prepare the document. It is unfortunate that SAI could not be apprised of specific problems with regard to the document from either the Board or from Southold staff prior to receipt of yesterday' s letter. The lack of explanation and communication on this matter is quite unfair in that SAI is not given any opportunity to rectify or remedy any problems. Instead, we are simply advised to stop all work. 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 Office (401) 423-0037 Fax 0 +! We have also learned only recently and after our inquiry that the Board felt the Cliffside FEIS lacked specificity and was without guidance for their meetings with the applicants to resolve the issues raised. Again, SAI was not advised of any problems other than those discussed in the draft document reviewed. Also for the Board' s information, under the regulations of the State Environmental Quality Review Act this document is not intended to provide specific recommendations. Specific recommendations are made in the findings statement, which SAI was not requested to prepare and to our knowledge has not been prepared by anyone. I have instructed my Administrative Assistant to compile the final bill as per your request. In an effort to resolve these issues and learn precisely what problems the Board has, I will be scheduling an appointment before the Board at their next regular meeting for a discussion on this matter. Sincerely, SZEPATOWSKI ASSOCIATES, INC. Barbara A. Szepatowski President BAS:mt cc: David Emilita James Schondebare Town Attorney North Road Southold, NY 11971 S41 SZEPATOWSKI ASSOCIATES INC. S41ENVIRONMENTAL ENGINEERS&LANDUSE PLANNERS Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 1 Y TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 2, 1989 Kenneth Coenen Hampton-Manor Associates P.O. Box 308 Manorville, NY 11949 RE: Cove Beach Estates SCTM #1000-22-3-15 .1 & 18.3 Dear Mr. Coenen: The following action was taken by the Southold Town Planning Board on Monday, May 1, 1989 . RESOLVED that the Southold Town Planning Board grant an extension to May 15, 1989 for the preparation of the Final Environmental Impact Statement for this major subdivision. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN it �S�cFQ(,�e��� Town Hall. 53095 Main Road • P.O. Box 1 179 Southold. New York 1 1971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 27, 1989 Cramer, Voorhis & Assoc. 54 N. Country Road Miller Place, NY 11764 RE: Cove Beach Estates SCTM #1000-22-3-15. 1,18.3 Dear Mr. Cramer & Mr. Voorhis: Enclosed please find a copy of the Draft Environmental Impact Statement, the Confidential Draft Final Impact Statement and selected correspondence of our file for your review and comments as discussed with Melissa Spiro of this office. This matter is scheduled for the Planning Boards May 15, 1989 meeting. If we could have your comments before this date, it would be appreciated. If you have any questions or if you need any more information do not hesitate to call Melissa. Thank you for your assistance. Very truly yours, Z� BENNETT ORLOWSKI,JR. CHAIRMAN enc. jt A 2 5 , 1 APPLICATION FOR APPROVAL OF PLAT € he tanning Board of the Town of Southold: ., pix• AR� undersigned applicant hereby applies for (tcntafivc final a pprovaaccordance with Article 16 of the Town Law and the Rules and Regul tionslof the of a subdivision outhold i Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is no Owner of record of the land under application, the applicant shall state his interest in land under application.) 2. The name of the subdivision is to be .QQYp .W?kq)j.VVtAte.5 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office follows: Liber ... 10264 0053 ............... . Page .... ... On .... Liber ......... ............... Page ... ........ ...... . Liber • • •• . .......... .. ....... Page ..... ................ Liber ..... .. .... .... .. . Page . ............ LiUcr '• •• •• Page . .. .... .. On as devised under the Last Will and Testament of . ...... .. ...... . . .. . .. .. .. .... .. ... . or a5 distributee ........... .. •• �' �� � ' . .. .. .. ........ ..................:.. ............ . . . ...... . .... .. .. .... ........... ...... 5. The area of the land is .9§:3 8 ..47 acres. 6. All taxes which are liens on the land at the date hereof have been paid except .......... .. .. . . .... .. .... 7. The land is encumbered by . ., ,Orate. .. .... .. ... . . . .... .. .. ""' " mortgage (s) as follows: . ... . .. ... (a) Mortgage recorded in Liber J2590. , ... , Pam 298 ,c . . . .. . . .... . in original amoun of $4.�.QVO,.O,QO... unpaid amount $ 4r0A0,000.. . . held by North Fork,Bartic & TMt.CP;. address 25. " " .... love.I�3ne.Matt- .tuck.. N.Y -�,, (h) Mortgage recorded in Liber ,.... .. .. Pa 4. ." ' ' ''"-- '' of . . ......... in original amount unpaid anatoun ge . . . .. $. .. .. " " " " " • held by . .... . ...... ...... . address . . ...... . . .. .. . :Iti♦ rt t • ��I • � (c) Mortgage recorded in Liber Page ••• •••• •••••..., in original am of .............. unpaid amount $. ..... ...................... address ... ........ 8. There are no other encumbrances or liens against tine land except NOW...... ......... . ...... . . .. .. .. .... .. .. ........ .................... 9. The land lies in the following zoning use districts .$70,0, 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, cept .4$.sj,Q:M.pR.Wp.. . ......... . . .... ...... ...... . .....:...............:. 11. The applicant shall at his expense install all required public improvements. 12. The land (sloes) (does not) lie in a Water District or Water Supply District. Name of D trict, if within a District, is ... , ....... ...... .. ...... .. . . .. . . ... . .. ..... ............ 13. Water mains will be laid by .. .. .... .. .. .. .. . . . . .. .. ..... .. .. . ... .. .. .. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by Long.Island•Lighting. CattrQartg. .. . . li and a nes. {+to) charge will be made for installing sa 1S. Gas mains will be installed by . ..... . and (a) (no) charge will be made. for iostallin� .. . . . . .. .... .. .... ..... said roams. r16. If streets shown on the plat arc claimed by t Suffolk County Ilighu'a)' system, he applicant to be esistiug public streets in tl annex Schedule "L'" hereto, to shote same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in illToren of Southold I[ighwa>' Svstenn, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures oilon the plat: the laud which ;ire not located and show 19. Where tine plat shuns proposed streets which are extensions division amps heretofore filed, there are no m it thof streets ua adjoining sub reserve scri existing maps at their mnjunctiogs +with the In•opusctl sle end of the streets on snit _10. fn the cr,urse of these procecdin;;s, tine ;yytlicnnt Will uiit'r panni of title as required by Sec, ,i•is of the kcal Property Law. 21. St:benit a Copy of propused deed for lots Schedule • 13" _burin all rrstrirtiuns. covenants etc. Annex 22. The aPPlicant estimates that the cost of grading and required public improvements w $••••••,... as itemized in Schedule "E" hereto annexed and requests that the maturity Performance Bond be fixed at ... ........ . .. years. The Performance Bond will be writt a licensed surety company unless otherwise shown on Schedule "F". DATE ,,40 Z ...... ........ 19V. (Name of Applicant) By C'. wt!.. (Signature and Title) .4p TO (Address) STAT1 OF NEW YORK, COUNTY OF ... .. �/��4 �� On the •' 41,'•' . ... • .. .. .. .. .. 19. ..0..1 heforc me personally c. •' • .. •• • •••• .... to me known to be the individual described in and t executed the foregoing instrument, and acknowledged that . .. .... .. .. . executed the same. LYNNE M.GORDON NpOy State of 01MAtaA M Suffolk -. . . . .• . •.. .• . t#kt060iftEaik" a" SSS Notary Pu is STATE OF NEW YORK, COUNTY OF . .. Onthe . .. .. .. .. . .. ... . day . .. .. .. .. ... of . .. . . .... .... .. 19. .... ., before me personally ca . . . . . . . . .. . . .. :... . ..... to me known, who being by me duly sworn (lid pose and say that ... .. ....•... resides at No . . .. . . .. .. . . .. .. .... .. ........ ... ...... . . . . . . . . . .I . . . . . .. . . .. . . . .... . that . .. . ... . . .... . . .. .... .. ... is the .. . .. . .. . . . ....... .. ...... the corpuratiun described in and which executed the fureguiuL iustnuncut; that . I(not• the seal of said curporatinti: that the seal affixed by order of the 1)0'4'1 of directors of said corporatiot amu :h:u signed . .. ........ ... native thereto b}• like order. Notary Public. .. .. .. . . .. . . .. .•... ... . • . .. 0 New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 ( 516 ) 751-7900 AMENDMENT TO PERMIT Thomas C. Jrlin Former � Commissioner 50iTkl0JT6VJN Permit # ( if any) : pLANNiNG t30PRD Owner : RE: .Permit No. & Locationn d sv f ba,,� F6,,,P o.....P t L CJ U; e_ cier'c-' C5 3 V 5S -U y r� 3 De r r,r _ Y2,Sc�� Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621 . It has been determined that there has not been a material change in environmental conditions , relevant technology or applicable law or regulations since the issuance of the existinpermit; �,i �y1.5 therefore , the expiration date is extended to g 7r, 3 �� N Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621 . It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions . Therefore, the permit is amended to authorize: fury; - a-FrN•yy1�yy�t/o�IsV�'�`�? f S-�c ( `tf.-z ,1j 41 -�%P L s sl'&,urns r1f v f� i r.o;xf"i %L�. P1 (.� 3 'his letteTr—is antamendmpit �o the�oriclnal � � fo-w ?� � �:cQ c� C� ��� . o^sted at the job site. g permit and as such, shall be • L7✓ /0-i( rtrttc{' ru r �� �s •'f T+ � Cu�,vr�� csL, All other terms and conditions remain as written in the original permit. JJCfies --\ S1n1 Vti {z 2Y Gwu l�'r C✓L vv,J�occ uv- On c,, Very truly yours z. �c e 5 �k'Qri wu II N''r�'tc( !�.^ c�C2"f'�cvy�G-P `Ir4 Evv Deputy Regional Permit Administrator Cc: ('' 141 f36') . :.( 25.7 X 2 . 30 o 31_ - ------- - ---- _ 4 l� 26.3 33 T315.2 -4700 -4 l2 430 �. •" N � / O oOriyF' N N II \ \ N N. 12! 30()4'56"W, W. ----NN--�� ° m 4p I .90' 3 0456"W 88.65' N.25039'46"W N.23° 1 /\ 101.00' 28.1 110 05' W N.24°38'46"W. ✓ X - 113.47' 11.241110 g^W Ai nowor form �' '_ r c'st � � � Sps7. D / _ v s � ' 20 ---_ - - - — , t_ 14el 1390 0_� S.F to - W4 _ ce� 2-r 311.78' _ Y 4 10 ( \ 1023.5 i y5 now or forme�y Doro/hy E. Cook v Al INDUSTRIA_ L �„ -0 E26 °4J -W. _ Hampton-Manor Associates, Inc. P.O. Box 308 Manorville, New York 11949 20M y (516) 878-1031 March 16, 1989 SOUTi-IOLD T04^.!';d PLANNING BOARD Mr. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Town Hall P. O. Box 1179 Southold, N. Y. 11971 Re: Cove Beach Estates Responses to comments of Szepatowski Associates, Inc. Dear, Chairman Orlowski: Please consider the following to be responses to comments raised by Szepatowski Associates, Inc. regarding the Cove Beach Estates DEIS. The comments of Szepatowski Associates, Inc. (SAI ) were never sent to me by either Szepatowski Associates or the Planning Board staff at the time of submission. Had they been sent, obviously they would have been responded to along with the other comments submitted regarding this project. Comment Number 1. SAI requests tidal wetlands flagging or the expired DEC permit be renewed. Response: The tidal wetland permit for the development of Cove Beach Estates is in the process of being renewed. See copy of letter requesting renewal attached to this letter. It should be noted that the tidal wetlands boundaries are shown on the subdivision map, and appropriate setbacks are shown on the plans. Additionally, mitigation measures proposed within the DEIS recommend modifications which will move a proposed road a greater distance from the wetlands than shown on the present plan. Renewal of the permit is expected shortly. Comment Number 2. SAI questions the ability of the site to support the proposed development without public water and requests information regarding water quality of the groundwater and an analysis of future recharge conditions. Response: See response to comment number 6 below. Comment Number 3. SAI requests more up-to-date traffic counts and analysis or conduct independent counts and have the results verified by the NYSDOT. Response: The traffic counts contained in the DEIS are the same traffic counts used by the Town of Southold for the update of the Town Master Plan. This was confirmed after the Town Planner raised the same issue in a memorandum dated October 17, 1988. To suggest that traffic counts be done at this time of year and used as a basis for discussion would be a waste of time. The fact remains that Main Road is operating far below it' s capacity of 12, 000 to 14, 000 vehicles per day. Comment Number 4. SAI notes that hardpan is present on lot 13 and suggests that the developability of lots 10 - 15 may be affected by the presence of hardpan. Response: This comment is similar to comments made by the North Fork Environmental Council and Mr. Farrell regarding the DEIS. The presence of hardpan, in and of itself does not preclude the development of a particular lot. The Suffolk County Department of Health Services requirements concerning unsuitable material are that such material be removed from the excavation for the sanitary systems and replaced by clean sand and gravel. Comment Number 5. Coastal Erosion Hazard Area and Federal Flood Zones should be plotted on the map to determine lot buildability. Lots 12 and 13 are in danger of flooding. Additional setbacks need to be incorporated on lots 5 - 11. Building envelopes should exclude areas of slope greater than 15%. Response: Regarding the issue of the Coastal Erosion Hazard Area maps, these maps were issued subsequent to the preparation of the subdivision map in question. Future submissions will indicate the line as shown on the erosion maps. Should the planning board wish, the FEMA boundaries will also be included on future submissions. Additional setbacks are proposed for lots 5 - 13 as proposed mitigation measures within the DEIS. Regarding flooding, please refer to the responses submitted to comments made by the North Fork Environmental Council and Mr. Farrell. Regarding building envelopes excluding areas of greater than 15% slope, it is my opinion that these areas are so small and isolated within the development that such protection is not warranted. Comment Number 6. SAI requests a calculation of nitrate recharge to determine the potability of water at full development. Response: The amount of nitrogen within the groundwater recharge has been calculated for the entire property as well as for gust the developed portion of the site. For the entire property the nitrogen calculated within the recharge is approximately 0. 78 milligrams per liter, while for the nitrogen in the recharge for the developed portion of the site, the amount of nitrogen will be approximately 2. 1 milligrams per liter. These levels are well within accepted water quality standards. As to total recharge from the site, these figures are shown in the calculations appended to this letter. Comment Number 7. SAI indicates that there may be a problem obtaining Health Department approvals for the development. SAI also requests a clarification regarding road runoff and groundwater contamination. Further, SAI requests details regarding public/private ownership of the roads within the development and questions the enforcement of road cleaning maintenence should the roads remain private. Response: Regarding the issue of approval of the Board of Health, it is the intention of the applicant to seek approval for the development as currently proposed. Previously, the Health Department had approved a 54 lot development of a portion of the property in question during a previous submission. It is not anticipated that, given a previous approval for a greater number of lots on only a portion of the site, that the Health Department will not approve the current submission with or without some modifications. Regarding street cleaning as a mitigation measure to reduce the effect of road runoff on groundwater, this issue is discussed in the Long Island Segment of the National Urban Runoff Program. Indications are that fecal coliform contamination is 48% less when street cleaning is performed than when such cleaning is not done. Other contaminants may not be so affected by street cleaning. No decision has been reached regarding the ownership of the roads within the subdivision. Should they remain private, appropriate covenants and restrictions will be offered to the Planning Board at the appropriate stage of reveiw regarding this issue. Comment Number 8. SAI requests information regarding the number of school age children which would be expected if the property is utilized on a year round basis, and the effect such a situation would have on the East Marion School District. Response: Cove Beach Estates lies within the Oyst:erponds School district. Current enrollment for the K - 6 school within the district is 93. Grades 7 - 12 are sent on El tuition basis to the Greenport public schools. Currently, the Oysterponds district sends 65 students to the Greenport public schools. Capacity of the elementary school is approximately 140 students. Should the property be utilized on a year-round basis, With each household having 1. 5 children, the total number of children from this development would be 51, not all of which would be expected in the public schools at the same time. If half of the children were to be in public schools approximately 26 students would result. Spread amongst the thirteen grade levels, approximately 2 students would result into each grade as a result of the development of the site. Fourteen of the students would likely be added to the K - 6 program while 12 students would be sent to Greenport on a tuition basis. Development of Cove Beach Estates is not likely to generate this number of school age children if it is considered comprable with other recent development in the area which are second home/seasonal residents with few, if any, children attending the public schools. According to the district superintendent, the local school system has the capabilities for accepting further students without expanding the school facilities. Comment Number 9. SAI requests updated traffic counts and a more thorough analysis of the intersection with blain Road. The cul-de-sac at lots 1 & 2 needs to be placed entirely on the site being developed. Response: As previously discussed, the need for updated traffic counts in this area is extremely questionable. Figures used for the analysis show that Main Road is operating far below capacity, (approximately 33% of capacity) and the traffic generation expected as a result of this development will not adversely affect the capacity of the roadway. As to the analysis of the proposed intersection, the intersection as proposed forms a right angle intersection with the existing roadway. Such an intersection is encouraged by Town road specifications. Appropriate clearing within the right of way will accompany the construction of the road to make the intersection as safe as possible. As to the cul-de-sac at lots 1 & 2, this can be redesigned to be entirely on the property, or 1n the alternative, the road can end at the property line without a cul-de-sac, and be extended into adjacent property without the need for a turnaround on the Cove Beach Estates property. Comment Number 10. Municipal cost/benefits need to be calculated. Response: Mr. Fred Gordon of the Southold Town Assessor' s office was requested to provide potential assessment figures for the development of Cove Beach Estates. His assessment for lots 1 - 13 in an improved state are $11, 200 each for a total assessment for these lots of $145, 000. Interior lots in an improved state would average an assessment of $7, 500, each for a total assessment for these lots of $157, 500. Open space, recharge basins and the roads (if private) would total an assessment of $7, 500. Total assessed valuation of the entire property would be $310, 600. The property lies within several different taxation districts noted as follows, included with the district is the current rate of taxation and the annual revenues expected from the assessed valuation as presented. District TaxRate Revenue County 57_07/thousand $17, 725. 94 Town 102. 18/thousand $31, 737. 10 School 166. 518/thousand $51, 720. 49 Fire 22. 453/thousand $6, 973. 90 Park 1. 781/thousand $553. 18 Wastewater 1. 916/thousand $595. 11 Total Revenue: $109, 125. 72 Comment Number 11. There should be a construction staging plan to indicate mitigation measures to prevent erosion, etc, during construction. Response: A construction schedule will be submitted by the project sponsor pursuant to Section A108-5 of the Town of Southold Code for review at the appropriate time in the review process for the subdivision. Comment Number 12. SAI requests information regarding vegetation which was removed from the property and a re- planting plan. Response: The clearing which has taken place on the property is not either environmentally harmful in the long term, or irreversable. I do not believe that the clearing resulted in any short or long term damage to the property, as evidenced by the amount of wildlife observed in the areas which were cleared of understory and brush. These areas supported a great variety of wildlife, in numbers higher than the completely wooded sections of the property. It is evident that the ecological concept of an "edge" environment was created as a result of the clearing of understory and brush. It should be noted that complete clearcutting of all trees, shrubs and understory was not done. Should the limited clearing which was done be considered such a long term problem, I am sure that replanting of native species could be accomplished as a condition to future approvals of the subdivision plan before the Planning Board. Comment Number 13. SAI questions the 34 vehicular trip expectation from the subdivision, and requests that the figure be verified. Response: The DBIS states that at peak hours, 34 vehicular trips are expected as a result of this subdivision. For an entire day, each individual dwelling, is expected to generate 10 vehicle trips for a total of 340 vehicle trips per day as a result of the development. These figures are standard ITE Trip Generation numbers. Comment Number 14. SAI requests further information regarding easements restricting clearing on the property. Response: The easements suggested as a proposed mitigation measure would limit total clearing on individual lots to a maximum of 35% of each lot. No clear cutting of land outside of of proposed building envelopes would be allowed, except for driveways within the front yards. Appropriate documentation of the easements would be provided at the appropriate stage in the review of the subdivision app:Lication. Enforcement of the easements could be a ,joint effort between a homeowners association and the Town of Southold. Comment Number 15: SAI requests clarification regarding the DEC Tidal Wetlands Permit. Response: See response to comment Number 1 above. Comment Number 18: SAI requests information regarding the disposition of the pavement material of the existing driveway when removed. Response: See discussion of this matter contained in the responses to comments of Mr. Farrell. Comment Number 17: SAI notes that the average lot size is 03, 000 square feet and suggests that if lot sizes were reduced to 40, 000 square feet additional open space could be preserved to bring the open space to 5o% of the total site area. Response: It is true that the average lot size is 83, 000 square feet, however, the proposed density is below that calculated for a standard subdivision on the property. Total area of the site is 4, 189, 517 square feet. The total lot area is 2, 157, 000 square feet or 51% of the site. If 65% of each of the lots was to remain in its natural condition, the apparent open space within the subdivision would be increased by 1, 402, 050 square feet. It is anticipated that the apparent open space within this development will be nearly 80% of the site, far in excess of the 50% suggested as a result of the cluster concept. Property does not have to be excluded from lot areas to function as open space within a development. This concludes the responses to the comments submitted by the Town' s Environmental Consultant. As stated previously, these responses could have been submitted with the responses to the other comments received had they been forwarded to the applicant when they were first submitted to the Board. In the alternative, these comments were of such a nature that they should have been made prior to the acceptance of the DEIS by the Board. I anticipate that the preparation of the Final Environmental Impact statement can now proceed without any further delays. Should there be any further questions regarding this matter, please do not hesitate to contact me. 4Sincerely, �� ^ KenneithoC�- President KCCi Encl.s. cc: Szepatowski Associates Harold Reese, Sr. Hampton-Manor Associates, Inc. P.O. Box 308 Manorville, New York 11949 (516) 878-1031 NITROGEN CALCULATIONS FOR GROUNDWATER RECHARGE Step 1. Calculate average lot area: Add lot sizes for all proposed lots and divide total by number of lots. Step 2. Calculate Lawn area: Take average lot size and multiply by 0. 24 (assumes that 24% of the lot will be lawn. Multiply result by number of lots. Step 3. Calculate fertilized lawn area: Take total lawn area and multiply by 0. 75 (assumes that 75% of lawn area will be fertilized. ) Step 4. Calculate amount of lawn irrigation: Take number of lots, multiply by average lawn area and multiply by 3. 8 (inches of recharge from irrigation) and multiply by 144 (square inches in a square foot) and multiply by 0. 016387064 (conversion of cubic inches to liters) Result is amount of recharge from lawn irrigation (in liters) . Step 5. Calculate recharge of developed portion of site: Multiply total area of lots by 21. 3 (inches of rain recharge) by 144 and multiply by conversion of cubic inches to liters. Result is amount of recharge from the developed portion of the site and is in liters. Step 6. Calculate recharge of entire site: Multiply entire site acreage by 43, 560 and multiply result by 21. 3 (inches of rain recharge) , multiply result by 144 and again by the conversion of cubic inches to liters. Result is the amount of recharge for the site and is in liters. Step 7. Calculate amount of recharge from sewage disposal: Multiply the number of lots proposed by 3. 5 (persons per household) and multiply by 45 <gallons of consumption per person per day) and multiply by 365 (days in a year) . Multiply result by 3. 7854118 (liters per gallon) Result is the amount of recharge from sewage disposal. Step 8. Calculate amount of fertilizer applied: Divide the fertilized lawn area by 1, 000 and multiply result by 2. 5 (pounds of nitrogen fertilizer applied per 1, 000 square feet) Multiply result by 453, 592.37 (number of milligrams in one pound) Result is the total amount of nitrogen applied as fertilizer and is in milligrams. Step 9. Calculate amount of fertilizer nitrogen which is recharged: Multiply the total amount of nitrogen applied as fertilizer by 0. 5 (assumes 50% lost to plants and atmosphere) . Result is the amount of nitrogen which is recharged as a result of lawn fetilizer and is in milligrams. Step 10. Calculate amount of nitrogen recharged from sewage disposal: Multiply number of lots by 3. 5 (average persons per household) and multiply by 10 (pounds of nitrogen per person produced per year) and multiply by 0. 5 (amount of nitrogen reduced by sanitary system) and multiply result by number of milligrams in a pound. Result is the amount of nitrogen recharged from sewage disposal for the entire subdivision and is in milligrams. Step 11. Calculate amount of nitrogen recharged from pet wastes: Multiply 6. 5 (pounds of nitrogen in pet waste per acre) by total area of all lots and divide by 43, 560. Multiply result by 0. 5 (amount of nitrogen lost to atmosphere) and multiply result by number of milligrams in a pound. Result is amount of nitrogen which is recharged as a result of pet wastes and is in milligrams. Step 12. Calculate total amount of nitrogen recharged. Add amount of nitrogen recharged from lawn fertilizer, and amount of :nitrogen recharged from sewage disposal and amount of nitrogen recharged from pet wastes. Result is total amount of :nitrogen recharged from the developed portion of the subdivision and is in milligrams. Step 13. Calculate amount of recharge from developed portion of asite: Add the amount of recharge from lawn irrigation and the amount of recharge from the developed portion of the site and the amount of recharge from sewage disposal. Result is the total recharge for the developed portion of the site and is in liters. Step 14. Calculate the amount of recharge for the entire site: Add the amount of recharge from lawn irrigation and the amount of recharge from sewage disposal and the amount of recharge for the entire property. Result is the total recharge for the entire area of the site and is in liters. Step 15. Calculate amount of nitrogen in recharge for developed portion of site: Divide the total amount of nitrogen recharged by the amount of recharge from the developed area. Result is the amount of nitrogen in the recharge from the developed portion of the site only and is in milligrams per liter. Step 16. Calculate amount of nitrogen in recharge for entire site: Divide the total amount of nitrogen recharged by the amount of recharge from the entire site. Result is the amount of nitrogen in the recharge for the entire property and is in milligrams per liter. Hampton-Manor Associates, Inc. P.O. Box 308 Manorville, New York 11949 (516) 878-1031 December 27, 1988 Mr. Robert Greene New York State Department of Environmental Conservation Regulatory Affairs Unit Building 40, SUNY Room 219 Stony Brook, N. Y. 11794 Re: Permit No. 10-84-0701 Cove Beach Estates Dear Mr. Greene: This firm represents the owners and developers of a certain property known as Cove Beach Estates, located at East Marion in the Town of Southold, Your department issued a Tidal Wetlands permit for the subdivision several years ago. Said permit is about to expire on December 31 , 1988, (see enclosed copy of original permit and modification/extension) The owners and developers would like to apply for an extension to that permit, as the subdivision of the property is still pending before the Southold Town Planning Board. The current plan under review by the Planning Board is shown on the enclosed four copies of the survey, dated March 15, 1988. The plan currently before the Planning Board does not change any of the design features in or near the tidal wetlands, however, should your department feel a need to' modify the permit approval to coincide with the latest version, please consider this letter an application to modify the permit, as well as extend the duration. Ideally, we would request an entension of at least two years, to be certain that the Planning Board completes it' s review of the application. Thank you for your anticipated cooperation, should you require any additional information, please do not hesitate to contact me. Sincerely, Kenneth C. Coenen, AICP President cc, Harold Reese Ia OTTO UHL. JR. 1,J ? G DERBY ROAD �. ��l}Yjj{j�D`P1VIN PORT WASHINGTON. L. I.. N.Y. 11060 March 11, 1989 Planning Board Town of Southold Main Road, Southold 11971 The public meeting you had on 2/6 re: Cove Beach Estates property subdivision, I misread the Suffolk Times report of 2/9 - as that there would be a "follow-up meeting" on Feb. 17 - and now I've been informs after the dy it was a "write-in te ionedriod". towyou. strict you are about accepting public But, anyway I want you to know how long I've been waiting to be able to build my home on the bluff on my property just West abutting CBE. I've been coming to the North Fork since my teens - my parents used to rent a house in Greenport where we spent those wonderful long Summer School Vacations. When I grew up and became self-sufficient, I continued coming to the Greenport area. When Sweezey placed his property up for sale (now the CBE property), my cousins and I bought it on 2/8/56. Then came the depression and everything came to a standstill. Years went by; things became more complicated with zoning, environmentallists - .you name 1t, and we ourselves could not afford putting in a town approved road from Route 25 to the Sound, a stretch of more than three-quarters (3/4) of a mile. After taking out five homesites for ourselves from the property, we sold the rest. It has changed hands several times and now, Harold Reese has it and is trying to devel- ops it. The result would be a beautiful Residential Area, bringing many tax dollars into the Town of Southold and much employment for this and of the North Fork. Yet, now, the North Fork Environmental Council comes along talking about the area being a "vital habitat for plants and animals - and species of birds". How about me, a human being, certainly more important in God's sight. I'm 83 years of age and still hoping and planning to build a home on my property there. How much longer must I wait? I can't relocate as easily as birds can. They just flap their wings and fly some- where else to reestablish a new habitat. Nature is wonderful that way. Ms„ Wacker & Larsen also talk about plants and animals so sacred - they must be kidding! I've been on this property - walked it from end to end many times, since we bought it in 1956 - that's 33 years. Yes it's beautiful, the terrain the sound, but I leave not seen anything to get excited about - about those plants and animals and birds. Please just don't set aside this serious letter as received "too late". I made an honest wrof interpretation of the Suffolk Times' paragraph referred to above. SinceYe &andow P.S. I would like to kwas the first time that these two people set foot on this propeh time they spent exploring it. cc - Mr. Harold Reese cc - Mr. Frank R. Russel Town Hall. 53095 Main Road a 4 P.O. Box 1179 ( Southold. New York 11971 wfi yi TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 1.4, 1989 Kenneth Coenen Hampton Manor Assoc. P.O. Box 308 Manorville, NY 11949 RE: Cove Beach Estates SCTM #1000-22-3-15.1 & 18.3 Dear Mr. Coenen: The following action was taken by the Southold Town Planning Board on Monday, March 13, 1989. RESOLVED that the Southold Town Planning Board grant a 39 day extension, from March 23, 1989 to May 1, 1989 for the preparation of the Final Environmental Impact Statement by David Emilita. A 39 day extension has been granted rther than the do day extension requested to coincide with the regularly schedualed Planning Board meeting which is to be held May 1, 1989. David Emilita, Environmental Consultant, has requested an extension of time to prepare the Final Draft Enviromental Impact statement, partly because the applicant has not yet responded to the memo dated January 25, 1989. He has stated that until such time, the FEIS cannot be completed. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN enc. cc: David Emilita it k ISS C h e,t" t i ¢ 4 X 1> y. SaiPn i S'"'STy25 " — J _`M1 9 ♦ N L. F Rv '$1 45' aj Stn y� �yyl, y� j �y o1` ��{ypy {y 5 wi�4. tie,t : 114 LMR�1}+i / QNN+>t �`�]Vlo FINDINGS STA-TENjV�' t _ All ', 11CAMide' (State thvires -orsez�iatian 1d b;�l �:�act7 the 1�1 4?x?ld as lead AU*! # �tete o�"c��z,�fn��i� � A N - ' � '� k Y M1 � � yj♦ e 7C �9t3` 'f _ S"int 3111 a�fass►i1 fatshe ztlrb ° a - ,. avo,"." INUO s,And tlrai4age System as woil a5 Flre"prest ate r --- }�1SSlvC �. a :: F � yrs :a « K Ic�� ted Size ttc�ttb std aazlt. its nl' az�g`Xsiard aaurrd: � Gaxi"be ftzttltr, tr _ r ting t r efs l 3_15.1 s4a N. Yak 'pi �A7= ay f — 11 vya*Y b, d!tt :: 5� `. P""�6�'11,'i3$` � 11)"}'v•� ���p .a 46��� 4 r 4 m u t st t a pta lls�a f0 Elie Str dry a ?e , y� Fs i yypp i � ✓M'^ ` � �(Y^', `•�.%1 �. V Yi 4�� ( �Yi"�k M1S 1 'y g"�e. �� �! • .N� £ v.fF Nappy{ � ;�`tlF H d t2 r N I { >� 771�7T 1, V " Cove Beach Estates Statement of Findings EOcI:ad CQ�` &rt Lai&.t�.0 10 to SU.200rt the DeaLi= — During the coordinated review of the Draft LIS numerous substantive corarrents were received from other involved agencies, civic groups and Individuals. In addition, after the Final EIS was filed and circulated for ppublic consideration two ` ictters were received regarding the Final FIS, from the Suffolk County Department of Heal1i Services and the North Fork Environmental Council,both dated July 240 1989. The ub_}ve referenced substantive comments, the relevant issues contained within the two 1 tters and the facts and conclusions contained within the EIS, are used in ` conside:3tion of the preparation of these findings, and summarized as fol ows: Siirface Warerl ettands: The site contains both tidal and freshwater wetlands, The tidal wetlands were flagged by the NYSDEC in 19f4 and this r line has beer, I=laced on the proposed plot layout. This line eorresgonds to conditions in the field. ;. Freshwater wetlands are contained within three areas of the parte . One of these areas, the largest; is proposed to be preserved in part of the pen space x: land provided for in the su division, The other two areas,immedi `tely east and west of the existing paved roadway, should be protected/presc rved Al : i utiltz=n telrni uts such as; inclusion into .he o en space network, chane in tot l:ne to prode sufficient setbacks, and/or throegh the use of r strictrve covenants. No activit will be permitted within 100 feet of any nat ral freshwater wctlands. T!lis condition will be im�osed at the time o subdivision through -4�e filing of necessary assurances and,or covenants. In th-e case of the small man—made depression west of the existing road, some disturbance in this area may 1 necessary in order construct the main access road anc maintain the necessary sei't:ck from natural wetlands. If impacts to a portion of this area are nt -cssary, mitigation in he form of the creation of suitab e wetland habitat wa,F be required. The wetlands to be created shall be at le t four (4) e times the :area of the wetlards that will be disturbed. Suitable are for wetland creation exists in the vicinity of the drainage area, and thi open space IN ;. area, west of the ratan-made depression. Plans must be provided b r the } 1, applicant and prepared by a licensed engineer or landscape archit ct; to address the area of wetland creation, grading,water source(s), pla itings, etc. These plan,,, as well as appropriate assurances for the wetland cre tion must he submrited t r ad appproved by the Town prior to the issuance o final I approvals on the s5ubdlvision. Such a condition will mitigate the itssof the `k environmental bencfits of the existing man-made wetland, west of be 4 proposed access road. 4 The site contains significant tidal and freshwater wetlands. These iareas and the areas adjacent to the wetlands are amongthe most sensitive and environmental) valuable habitats the site. he Final FIS explored the ` sensitivity of these areas and the potential impacts associated with site development, In addition, comments on the Final EIS ex ressed significant concerned over the adequate protection of these areas. The prc je t which was the subject of the Draft IS, was found to encroach upon sensitive wetlands on the site, thro,; violation of minimum setback requirements as reiluired Page 2 of 6 x�� a n I z+ i „ cove each 8s° 113 Statement of Findings under New York State wetlands regulations. As a result, the Fina 'EIS contained a design alternative which sought to comply with regula aonS and provide additional setbacks from wetlands. It is herein determine I that All additional measures are needed to minimize environmental imps is to the maximum extent practicable. The EIS contains mitigation such &E the use of restrictive covenants to limit clearing and locate structures, as wel as the a relocation of lot tines and reduction of the size of larger lots, then by providingit for greater land area to be included within the open space and we and setback r areas. In addition the relocation of some of the lots, to other port on of the site is also an apppropriate measure to create additional open spaq and,protect wetland areas. T tie importance of these measures will be further iscussed herein as related to individual impact areas. Alg Groundwater: It has been demonstrated, through on site sampling and analysis, that the groundwater underlying the site is of satis£acto quality to provide potable water to the future residents of the subdivision ft in on site f wells. :"s In addition to the water quality analyses,groundwater elevations ere established around the site. Some areas of high groundwater were identified. However, these areas are associated with the wetland areas, the conditions }: discussed above in the surface waters/wetlands section will also a Jdtess any impacts which could occur from construction in areas of high grot ndwater. f Information provided in the Final EIS also demonstrated that the! implementation of the project at the proposed density will not caser a t z. significant elevation in the existing level of nitrogen in groundwat underlying the site. a .r �r� Topagrgphy., Certain areas of the project site have areas of steeplopes,with the primary area of concern located adjacent to Long Island Sound, While none of thv areas proposed for development are presently in active recession, the potential for erosion does exist if uncontrolled site developm(nt is allowed to occur. The proposed site development plan provides deep lots along L.odig Island rA Sound in order to allow for sufficient setbacks from the sound fro t slope areas. Additional conditions were considered in the Draft EIS ai d recorded in comments on the various documents. These include, but are n t limited to: site grading dans at the time of building permits, limiting and co trolling o£ access in areas of steep slopes (particular y on the slopes adjacen to Long Island Sound}, restrictive covenants to limit clearing and locate structures, definition of building envelopes to avoid steep slope areas,contai riment of runoff from impervious surfaces and the relocation of tots and/oproperty lines to avoid construction on steep slope areas. These mitigatio measures i should be employed in connection with consideration of the subd vision map. i Page 3 of 6 i - Y w i cove Beach'Est I*= Statement of Findings x Vegetation: The site presently has a mix of vegetation types and ha itats,with a majority of the site being wooded, The existing vegetation of sit, is t impportant in terms suppart of area wildlife, as well as other natur resources and site aesthetics. While it is recognized that clearing will be nee scary to undertake the proposed use, the amount and location of the clean g must be controlled. Thabove discussions on surface waters/wetlands anO topography outline certain conclusions and mitigation measures contained within the S. h These are also appropriate to prevent significant impacts to the v etation found onsite. �f In addition to the above, restrictive covenants should be filed on t�h lot which would limit the amount of clearing on each lot degending its size. ,bThe standards for the maximum percent of clearing, as related toe square a footage of the lot, is contained within the BIS. 4 I For those areas of the lots which will be cleared for construction, minimum A amount of turf and fertilizer dependant plant species should be in tailed t 1" during 12ndscapin , Restrictions could be placed on the developt ont of the subdivision to utilize native and near native plant species during I ndscapng. r The above mitigation not only will help to restore the natural veg tation lost r during construction,but will also reduce the potential for ground ater impacts ` from tie use of lawn and garden fertilizers. k Public Access/O�r en Space: Public access to the waterfront is appy nate and is to be provided in the northeast corner of the site. This propos area provides to both Long Island Sound and Dam Pond. This ccess point will be for passive use, with no access by motorized vehicles. As t e area is i also in close proximity to a wetland area,only minimal improvem nts to provide pedestrian access should be allowed. These improvemen s should avoid sensitive areas of the adjoining oppen space. The location a d type of such improvements must be approved by the Town prior to final pprovals and construction. As discussed above the wetland areas and their surrounding Nabi ats should be protected,and preserved. The relocation of lots and lot lines pro ide the ogpcirtuntty to protect these resource's integgrityy. The most sensit ve portion of the site in terms of natural habitat area andtidal and freshwater wetlands, is adjacent to Ilam Pond and the associated wetlands. Accordingly,the maximization of open space in these areas should be strongly considered. Such a measure would provide an expansive open space continuum,which F includes the passive recreation area and the designated open sp a on site, ' coupled with the Dam Pond area and adjacent large lots in the vi inity, The alternate design plan included in the Final EISprovided some measures to mitigate impacts,in response to comments on the proposed proie�Ct, however, additional measures including relocation of lots, and further reru tion of lot r r sizes, are also appropriate in order to maximize the preservationpnd j enhancement or open space. i SrPage 4 of 6 ax �; > k i Cove lilt Est~ Statement of Findings ,I Certification of Findings to Approve Havin# considered the Draft and Final EIS, and havingg considered the MCC ling-written facts and conclusions relied upon to meet the requieem nts of 6 K'Y,CRR 617.9, tl.is Statement of Findings certifies that: k 1. The requiren ruts of 6 NYCRR Part 617 have been met; 2. Con intent with the social, eeonotnic and other essential consid cations r from among the reasonable alternatives thereto,the action app pved is one which minimizes or avoids adverse environmental effects to the maximum J�' extent practicable; including the effects disclosed in the environmental impact statement, and ?. ConGisten, with social, economic and other essential considerations, to the t.. Brtaximiam extent practicable, adverse environmental effects rev sled in the environmental impact statement process will be minimized o: aided by Y the incorporating as conditions to the conclusion to the decision those mitigative measures which were identified as practicable. 4. Consistent with the applicable olicies this action will achieve balance '' p r between theprotection of the environment and the need to arcmn7odate social and economic considerations. A, G L L. . Sigrarur^o,PR¢rponJWeOfj:la! Ti ,. .Name: PespmsiveOft4ia! u Tak of Rz-'Pomible OffkialW ` Aadr[Sa df Agegf:3+ c m , Page 6 of +V a P . a h, r ;; '> Cove Beach Dstates Staterneret of Find%* - r avvic t r °, a;tisa �r Mop, A revised subdivision tri was prepared �{uring the SI�QR pros enure. This rm3p is included in Appendix B of the Fin 1 SIS and dr cuss r '.'Weridix F sof that carne document. The alternate pl,in was clevzwerl by !he applicant and subtraitted ilx rus(3onse to ma.ny of the comments whi �xi. ra#seu dttriq Oke �c,..mment perrct'; Asx the l rhft FTS, d altar: t? pint) resalti in many imyrov,,nents whIcb relate to the protecrioa 3f natural g b *PC{>u;cep I^ is "get (3 thhat the cn.t°-de-sac to the northeast of the si' E has bet t rerr.ovccd t' c eh; ' 'r.-irig we„and enuroachtrent and eliminating the previous c1irect disclhirge r f st >rrr v.ater runoff to the wetlands. Lot frontages or lots 1 thrn)ugh 13 bjvrt reduced in order to provide adequate setbacks l'rorn ' wetlands I'Irnt lot .,ices have been reduced in order to maximize the - presQ eats+7 s " per space. r It is d:ax cs =.,:rated}witl;in the record on the Final ITIS for Go;e Beach ,.: Estates thLtt the '.t-'t a rads and adjacent areas to Dant Pond contain extreme s; ��,,irunn5�txtal s twit,cCt It !ias a'so been doournerlted that tkw r• ten+ion and ' Preservation of i:'i F-ix p4an environmentally sensitiv areas of t e site is +' esse ltial to t}«;. xZ rii of natu,al and cult4ral resources The Final EIS .risco prov'��S isa Y a'ci�� C fit: rot ntial for inipacts to UC llL 3� rQSuit (3f disturbance of Iee slope areas, with extreme ramifications exile ted adjacent }e .o wetland areas Vc x)rct rgly, the further alteration of the revise subdivision rnap thru g}, ofIr•s adjacent to the Dam Pond wetland and open ,,,an, , :rv«, and . e fust. er ,etl..rct=i n of lots sizes in tate vicinity steep slope3 .. and wetlands, is appropriate: '- 'era the no <nau esr arras t ref 5� p`aperty a C'!1 de 5 cis proposed { at is _. zarriallr r ff of the applic Ints p'rsperty. Prior to the firm apprOva,ct3nsent l'rotn tl'part )Imes v property ovvri ,r(s) mut t be presented to the Ti wn, ill a fort`, S31t ..e ,o tete To:; Attorrey, Which authorizes the cul-de- ac.to be rtsL �c°� asp , JseLt FaRISa 'e to provide such documentation will - nee cit ' ,x ea-=;gp xe ent of the subdivision road layout. It is Ole ,-,oriclo5iot, of t'rese findings that the revised subdivision n Lap addresses Of the ;olxc ITI a.-dl potant al impacts which were associated with t ie proposed at.,ic 'ne rr1€piu . iuJuded her..>.ir. seek to minimize the impacts of t e project to r; . rna Imr]rn e. ,qt it, consider,t; n of the Environmental SerS1t14'it>>' Of E8 site, b �- a%j ed with ibe needs read obje,t.ves of tlxe Town as determined throu h land use ;T 0-, ,g and e jv� 5 nx,ee,;-al datum its and policy, as well as the objectives of the ` -P en, 'ore,the fvr her consideration, of the revised niap (alternative `with t. c r .w:.}tiwriaion of the a Love Vndings is: appropriate. Page 5 of 6 6_ r b 5. — �_..r....: ...: .. . v..... :. ........._ai.e..::..w.m.v..ru......35r...1Yy.W. s E PLLANNINGDBO RD FINAL ENVIRONMENTAL IMPACT STATEMENT FOR COVE BEACH ESTATES TOWN OF SOUTHOLD NEW YORK JUNE 5, 1989 Y t t } The following are the applicant' s responses to comments raised by Szepatowski Associates, Inc. , The North Fork Environmental Council, Mr. Martin Garrell and the Suffolk County Office of Ecology regarding the Cove Beach Estates DEIS. Additionally, responses have been supplemented by additional information requested by Cramer, Voorhis & Associates by report dated May 11, 1989. This material , in the form presented is intended to serve as the Final Environmental Impact Statement for the project as directed in the May 11, 1989 memorandum. The Final Environmental Impact consists of the Draft Environmental Impact statement, incorporated by reference to this document, all supplements to the DEIS, also incorporated by reference to this document, copies of the letters and reports received by the lead agency with regard to this application which are also incorporated by reference into this document and this report, including appendicies. A separate findings of fact will be prepared. This report has been prepared by Hampton - Manor Associates, Inc. at the direction of the Planning Board of the Town of Southold by resolution of the Board on May 15, 1989. Comments of Szepatowski Associates,_ Inc. Comment Number 1. SAI requests tidal wetlands flagging or the expired DEC permit be renewed. Response: The tidal wetland permit for the development of Cove Beach Estates has been renewed. It should be noted that the tidal wetlands boundaries are shown on the subdivision map, submitted as part of this FEIS and appropriate setbacks (100 feet are incorporated into the plans. It should be noted that proposed lot number 13 has been moved to alleviate any problems with the wetlands, the short cul-de-sac has been eliminated for the same reasons, lots 14, 15 and 18 have been redesigned to provide additional wetland buffers and additional open space adjacent to the wetlands. In addition, lots 18 and 19 have been redesigned Page 1 to provide a building envelope on lot 19 which meets the 100 foot setback condition. Comment Number 2. SAI questions the ability of the site to support the proposed development without public water and requests information regarding water quality of the groundwater and an analysis of future recharge conditions. Response: See response to comment number 6 below. Comment Number 3. SAI requests more up-to-date traffic counts and analysis. Response: To suggest that traffic counts be done at this time of year and used as a basis for discussion would be a waste of time. The fact remains that Main Road is operating far below it' s capacity of 12, 000 to 14, 000 vehicles per day. Comment Number 4. SAI notes that hardpan is present on lot 13 and suggests that the developability of lots 10 - 15 may be affected by the presence of hardpan, Response: This comment is similar to comments made by the North Fork Environmental Council and Mr. Garrell regarding the DEIS which are discussed below. The presence of hardpan, in and of itself does not preclude the development of a particular lot. The Suffolk County Department of Health Services requirements concerning unsuitable material are that such material be removed from the excavation for the sanitary systems and replaced by clean sand and gravel . Comment Number 5. Coastal Erosion Hazard Area and Federal Flood Zones should be plotted on the map to determine lot buildability. Lots 12 and 13 are in danger of flooding. Additional setbacks need to be incorporated on lots 5 - 11. Building envelopes should exclude areas of slope greater than 15%. Response: Regarding the issue of the Coastal Erosion Page 2 t Hazard Area maps, the coastal hazard line is depicted on the revised map submitted with this FEIS. Building envelopes have been restricted, as proposed within the DEIS to a minimum of 100 feet from the coastal hazard line. This setback is considered to be overly cautious, considering that the Regional Planning Board in their Coastal Erosion study cited the area in which Cove Beach Estates lies to be one of the more stable coastal areas on Long Island. (See the Coastal Erosion Subplan for Nassau and Suffolk Counties, Final Report, March 1, 1978, average erosion less than 1 foot per year. ) Regarding the potential for flooding, the relocated lot 13 should be considered safer from flooding than the previous design. Regarding building envelopes excluding areas of greater than 15% slope, it is my opinion that these areas are so small and isolated within the development that such protection is not warranted. The enclosed sketch of the areas within building envelopes for lots 1 through 3, which are the most severely restricted regarding slope, indicates the amount of area in excess of 20% slope. It is the my opinion that due to the size of the area, protection of these slopes is not warranted. Comment Number 6. SAI requests a calculation of nitrate recharge to determine the potability of water at full development. Response: The amount of nitrogen within the groundwater recharge has been calculated for the entire property as well as for just the developed portion of the site. For the entire property the nitrogen calculated within the recharge • is approximately 0. 78 milligrams per liter, while for the nitrogen in the recharge for the developed portion of the site, the amount of nitrogen will be approximately 2. 1 milligrams per liter. These levels are well within accepted water quality standards. As to total recharge from the site, these figures are shown in the calculations appended to this FEIS. Page 3 Comment Number 7. SAI indicates that there may be a problem obtaining Health Department approvals for the development. SAI also requests a clarification regarding road runoff and groundwater contamination. Further, SAI requests' details regarding public/private ownership of the roads within the development and questions the enforcement of road cleaning maintenance should the roads remain private. Response: Regarding the issue of approval of the Board of Health, it is the intention of the applicant to seek approval for the development as currently proposed. Previously, the Health Department had approved a 54 lot development of a portion of the property in question during a previous submission. It is not anticipated that, given a previous approval for a greater number of lots on only a portion of the site, that the Health Department will not approve the current submission with or without some modifications. Regarding street cleaning as a mitigation measure to reduce the effect of road runoff on groundwater, this issue is discussed in the Long Island Segment of the National Urban Runoff Program. Indications are that fecal coliform contamination is 48% less when street cleaning is performed than when such cleaning is not done. Other contaminants may not be so affected by street cleaning. No decision has been reached regarding the ownership of the roads within the subdivision. If the roads are offered to the Town of Southold, the Town will be responsible for the maintenance and cleaning, should they remain private, appropriate covenants and restrictions will be offered to the Planning Board regarding the issue of road cleaning at the appropriate stage of review regarding this issue. Comment Number 8. SAI requests information regarding the number of school age children which would be expected if the property is utilized on a year round basis, and the effect such a situation would have on the East Marion School Page 4 District. Response: Cove Beach Estates lies within the Oysterponds School District. Current enrollment for the K - 6 school within the district is 93. Grades 7 - 12 are sent on a tuition basis to the Greenport public schools. Currently, the Oysterponds district sends 65 students to the Greenport public schools. Capacity of the elementary school is approximately 140 students. Should the property be utilized on a year-round basis, with each household having 1. 5 children, the total number of children from this development would be 51, not all of which would be expected in the public schools at the same time. If half of the children were to be in public schools approximately 26 students would result. Spread amongst the thirteen grade levels, approximately 2 students would result into each grade as a result of the development of the site. Fourteen of the students would likely be added to the K - 6 program while 12 students would be sent to Greenport on a tuition basis. Development of Cove Beach Estates is not likely to generate this number of school age children if it is considered comparable with other recent development in the area which are second home/seasonal residents with few, if any, children attending the local public schools. According to the district superintendent, the local school system has the capabilities for accepting further students without expanding the school facilities. Comment Number 9. SAI requests updated traffic counts and a more thorough analysis of the intersection with Main Road. The cul-de-sac at lots 1 & 2 needs to be placed entirely on the site being developed. Response: As previously discussed, the need for updated traffic counts in this area is extremely questionable. Figures used for the analysis show that Main Road is operating far below capacity, (approximately 33% of Page 5 capacity) and the traffic generation expected as a result of this development will not adversely affect the capacity of the roadway. As to the analysis of the proposed intersection, the intersection as proposed forms a right angle intersection with the existing roadway. Such an intersection is encouraged by Town road specifications. Appropriate clearing within the right of way will accompany the construction of the road to make the intersection as safe as possible. As to the cul-de-sac at lots 1 & 2, the design of the roadway, extending onto adjacent property is to allow access to this property so the owners can develop their lands. Additionally, by placing the cul-de-sac partially on adjacent lands, the need for extensive cut and fill in the sloped area is minimized. A formal letter of agreement between the adjacent owners and the developer of Cove Beach Estates regarding this issue is forthcoming. For a discussion of the traffic impacts to the intersection of the proposed roadway and Route 25, please see the discussion regarding SAI comment number 13 below. Comment Number 10. Municipal cost/benefits need to be calculated. Response: Mr. Fred Gordon of the Southold Town Assessor' s Office was requested to provide potential assessment figures for the development of Cove Beach Estates. His assessment for lots 1 - 13 in an improved state are $11, 200 each for a total assessment for these lots of $145, 000. Interior lots in an improved state would average an assessment of $7, 500. each for a total assessment for these lots of $157, 000. Open space, recharge basin and roads, (if private) would total an assessment of $7, 500. Total assessed valuation of the entire property would be $310, 600. The property lies within several different taxation districts noted as follows, included with the district is the current rate of taxation and the annual revenues expected from the assessed valuation as presented. Page 6 District_ Tax Rate_ Revenue County 57_07/thousand $17, 725. 94 Town 102. 1'8/thousand $31, 737. 10 School 166. 518/thousand $51, 720. 49 ' Fire 22. 453/thousand $6, 973. 90 Park 1. 781/thousand $553. 18 Wastewater 1. 916/thousand $5_9_5_. 11 Total Revenue $109, 125. 72 Comment Number 11. There should be a construction staging plan to indicate mitigation measures to prevent erosion, etc, during construction. Response: A construction schedule is submitted as an appendix to this FEIS. Comment Number 12. SAI requests information regarding vegetation which was removed from the property and a re- planting plan. Response: The clearing which has taken place on the property is not either environmentally harmful in the long ter, or irreversable. I do not believe that the clearing resulted in any short or long term damage to the property, as evidenced by the amount of wildlife observed in the areas which were cleared of understory and brush. These areas supported a great variety of wildlife, in numbers higher than the completely wooded sections of the property. It is evident that the ecological concept of an "edge" environment was created as a result of the clearing of understory and brush. It should be noted that complete clearcutting of all trees, shrubs and understory was not done. Comment Number 13. SAI questions the 34 vehicular trip expectation from the subdivision, and requests that the figure be verified. Response: The 1987 ITE Trip generation handbook states that average trip rates for single family dwellings is 10. 062 Page 7 trips per weekday. During the A. M. peak hour 0. 773 trips per unit can be expected, while during the P. M. peak hour 1 . 012 trips per unit can be expected. Utilizing these numbers, the traffic generation rate for the entire subdivision on a daily basis is 342. 18 trips per day. During the A. M. peak hour, 26. 282 trips can be expected while during the P. M. peak hour, 34. 408 trips are expected. These trip generation numbers, compared with the volumes found on Route 25 at the present time do not suggest any problems with traffic generation. Based on the peak hour traffic generation figures, approximately 1 vehicle trip every two minutes during the peak hours will pass through the intersection of the proposed roadway and Route 25 as a direct result of this development Comment Number 14. SAI requests further information regarding easements restricting clearing on the property. Response: The easements suggested as a proposed mitigation measure would limit total clearing on individual lots to a maximum shown on the following table. Lot size Percentage clearing 40, 000 to 60, 000 sq. ft. 36% 60, 000 to 80, 000 sq. ft. 28% over 80, 000 sq. ft. 25% No clear cutting of land outside of proposed building envelopes would be allowed, except for driveways within the front yards. Appropriate documentation of the easements would be provided at the appropriate stage in the review of the subdivision application. Enforcement of the easements could be a point effort between a homeowners association and the Town of Southold. Regarding the additional comment by CVA regarding provisions of additional buffer areas to the wetlands, the redesigned map, discussed in comment 1. above shows additional buffering, additional open space and greater Page 8 protection to the wetlands. Comment Number 15: SAI requests clarification regarding the DEC Tidal Wetlands Permit. Response: See response to comment Number 1 above. Comment Number 16: SAI requests information regarding the disposition of the pavement material of the existing driveway when removed. Response: See discussion of this matter contained in the responses to comments of Mr. Garrell . Comment Number 17: SAI notes that the average lot size is 63, 000 square feet and suggests that if lot sizes were reduced to 40, 000 square feet additional open space could be preserved to bring the open space to 50% of the total site area. CVA also suggests discussion regarding alternative subdivision designs to provide greater buffers from wetlands. Response: The redesigned subdivision map, discussed in the responses to comments above provides additional open space, greater buffering of wetland areas and a smaller average lot size. CVA, in their memorandum of May 11, 1989 requests a discussion regarding the alternative prepared by the Town Planner regarding this development. This plan, features the creation of a subdivision road, approximately within the same corridor as the existing driveway now found on the property, several lots are removed from wooded areas and placed in the open field found on the property, while other lots, particularly those near wetlands are relocated to the interior of the parcel. The Town Planner' s alternative also reduces the number of waterfront lots by one and proposes to relocate such lot to the interior of the parcel. This plan creates several problems not found within the Page 9 revised subdivision plan, while other aspects of the alternative have been partially included in the revised plan. First, the alternative of creating a long, straight road, in the path of the existing driveway, was not incorporated into the revised plans for several reasons. Such a long straight roadway would be conducive to excessive travel speeds by cars within the development, such a roadway design could encourage usage of the road by persons not residing within the development as a sort of "drag strip" . Such speeds could adversely affect the safety of residents of the development as well as the property as well . With regard to the relocation of the lots away from the wetlands, this has been accomplished by the reduction of lot sizes for lots 14 -16, rather than relocating these lots. The smaller lot sizes in this area will keep development further away from wetland areas, and will accomplish the goals found 1n the Town Planner' s alternative design. The other area of deviation from the alternative design is in the area of the open field. No residential development is proposed for this area, primarily for aesthetic purposes. It is felt that the placement of homes in this area will increase the visibility of such homes. These homes would likely have greater lawn areas, increasing potential for groundwater contamination and the need for landscaping. By keeping development to the wooded areas of the site, lawn areas will be minimized, and the aesthetics of the property, including the scenic qualities of the open field will be maintained. The revised subdivision map increases the amount of open space, and the clearing restrictions proposes will further increase the perceived and functional open space within the development. Property does not have to be excluded from lot areas to function as open space within a development, particularly when clearing restrictions will apply to all lots within the development. The revised subdivision map keeps the number of waterfront lots proposed at 13, however, these lots have been redesigned to accomplish goals of addition wetland preservation and bluff setbacks. From an economic standpoint, the removal of one of the waterfront lots and its relocation to the interior of the parcel will create a severe Page 10 economic loss for the developer. As such, the same goals will be accomplished by redesign, rather than the relocation of the lot in question. The following are responses to comments which were received from the North Fork Environmental Council by letter dated February 15, 1989, from the Office of Ecology of the Suffolk County Department of Health Services by letter dated December 19, 1988 and from Martin Garrell in a memorandum dated February 16, 1989. Again, these responses have been supplemented with additional information requested by Cramer, Voorhis & Associates. Comments of the North Fork Environmental Council <NFEC> The following comments were made by the North Fork Environmental Council . 1 . "All lots should be developed well away -- preferably 100 feet -- from salt and fresh-water wetlands. " 2. "The wetlands boundaries should be staked by the New York State Department of Environmental Conservation. " 3. "All wetlands in the development should be protected as open space, with buffer zones against pollutants. " 4. "All lots should conform to coastal erosion management regulations and to the federal management flood zone. " 5. "All lots should have adequate drainage for cesspools, so as not to affect the wetlands. " 6. "How does the developer plan to prevent road runoff?" 7. "What does the present water analysis show?" Page 11 8. "How will the extensive stand of wild mountain laurel on the property be protected?" 9. "How does the developer plan to provide for emergency exits, with only one road for ingress and egress?" 10. "Will open space be restricted by covenants in agreement with the home owners' association, or will the developer consider dedication of these open spaces to the town?" Responses to NFEC Comments 1. Please see the responses to comments by SAI above, and note the revisions to the proposed subdivision which will increase the wetland setbacks to a minimum of 100 feet. In addition, construction on some of the individual lots may require wetland permits and will be subject to further review at that time when actual construction proposals are presented. 2. The wetland boundaries were staked by the DEC at a previous date, this wetland line has been shown on the revised map. There is no dispute as to the accuracy of the wetland boundary as it is shown, and the DEC has issued permits for the subdivision. See also the response above. 3. A great majority of the wetlands contained on the subject property are protected as open space within the subdivision. Only proposed lot # 19 has any wetlands within the boundary of the lot, and the amount of wetlands is less than 3, 000 square feet. All wetlands are adequately protected by buffers from areas proposed for construction as conditioned by the DEC permit. The DEC, by law is one of the responsible agencies charged with the protection of wetlands. To accomplish their goal, certain standards for development in and adjacent to wetlands have been adopted which serve to protect and preserve wetlands. The development of Cove Beach Estates meets or exceeds every development standard adopted to preserve and protect wetlands. For a consultant to claim that adherence to the standards and conditions of permits is not protecting of wetlands is irresponsible on their part. Page 12 4. All lots do or will conform to the coastal erosion management regulations and to the federal management flood zone. See the additional mitigation measures proposed section of the DEIS. Also, each of the individual lots created as a result of the subdivision will be required to meet the regulations regarding coastal erosion and flood zones prior to issuance of building permits. 5. All lots will have adequate drainage for the placement of cesspools, this will be assured by the Suffolk County Department of Health Services who will inspect each sanitary system installation for compliance with their regulations. If unsuitable material is encountered during excavation for the sanitary systems, such material will be removed and replaced by clean sand and gravel to comply with the Department of Health Regulations. 6. The developer cannot "prevent" road runoff, however, provisions have been included within the plans for drainage areas where runoff from the roads will be channeled. Drainage plans will be subject to review and approval of the Town Engineer for adequacy. 7. Water analysis of the existing test wells on the subject property has been done for previous Department of Health submissions regarding this property. The analysis of the samples showed that the water is of such quality that it is fit for drinking purposes. Previously, the Suffolk County Department of Health Services had approved a 56 lot subdivision on the Cove Beach Estates property. Now, with only 34 lots proposed, the quality of the water underlying the property will be further insured. Water quality information is supplied as an appendix to this FEIS. 8. The "extensive stand" of mountain laurel found on the property is located to the north of the open field. The majority of this area will be maintained as open space while the portions proposed for lots will be protected by the same clearing restrictions proposed for the development as a whole and discussed extensively in response to comments made by SAI . Page 13 9. With only one access point to Main Road, the developer has limited opportunities to provide additional access points. There is a possibility that the road can be continued to the west, through adjacent properties as they develop in the future. 10, The open space will be restricted by easements preventing further subdivision,, and controlling the uses to which the open space may be utilized whether the property is conveyed to a homeowners association or to the Town of Southold. No decision regarding the disposition of the open space lands has been made by the developer at this time. Comments of Mr. Garrell 1. Test Holes 2, 5 and 6 indicate poor drainage which could affect Dam Pond. 2. Road and parking area runoff will drain directly to Dam Pond creating the potential for impacts. 3. Lots 19, 32, 33, and 34 are located in Carver Plymouth Soils which have severe limitations for sewage disposal and alternatives to this impact have not been addressed. 4. Water quality has not been evaluated. 5. Traffic evaluation is not as complete as usually required and does not include peaks for the ferries to Plum Island and Connecticut. 6. The common cattail, Typha latifolia, was observed and not included in the vegetation list. 7. The State is on record that a rare plant grows on the site and an independent consultant should be hired to ascertain whether it in fact grows on the property. 8. The American Woodcock and Red Throated Loon have been recently observed at the project location. The Red Throated Page 14 Loon may be an endangered species. 9. Nothing is mentioned where suitable habitat would be for wildlife relocating away from the project area. 10. Nothing is mentioned regarding the removal and disposal of the existing pavement from the property, and the environmental impacts of such removal and disposal. 11. Alternatives of 5 and 10 acre lots were not considered as alternatives, nor was the retention of the site as parkland considered. 12. Water consumption estimates contained in the DEIS are too low. 13. No mention is made regarding the potential for in ground fuel tanks and their potential environmental impact. 14. The park and recreation area contains some wetlands and how would these wetlands be protected. 15. There is no mention as to how the barrier beach between Long Island Sound and Dam Pond will be protected. 16. Wetland boundaries shown are inaccurate. 17. Building envelopes are shown right up to the bluff lines. 18. Some building envelopes lie within the flood plain. Clots 6 - 13, 19 and 34) . Responses to Garrell Comments 1 . See response to NFEC comment # 5 above. 2. The project has been redesigned as discussed above to eliminate the short cul-de-sac and any problems associated with road runoff into the wetlands. The park and recreation area will be used for passive recreation by the residents of Page 15 the proposed subdivision. No structural improvements to this area are contemplated. Only a walking trail to the parcel is to be kept open for access purposes. 3. Soils information, including the map provided in the DEIS was taken from the Soil Survey of Suffolk County. In that document the map shows the soils in the area that Mr. Garrell speaks of as being Carver Plymouth Soils with slopes of 15 - 35%. However, according to the topographic map of the site, and actual field conditions, the slopes in the area do not approach the 15 - 35% indicated in the soil survey. I can only assume that the soil survey is in error regarding the labeling of this particular section of the county. The actual conditions in this area indicate a slope ranging from 3 - 15% for this soil grouping which, would indicate only a slight to moderate impact from the installation of sanitary disposal fields. 4. See response to NFEC comment # 7 above. Additionally see copies of the water quality reports submitted as an appendix to this FEIS. 5. The traffic implications of this proposed development are very minor indeed. From actual field observations, traffic even during "peak" conditions from ferry operations operates at a steady flow. The addition of 34 cars into this flow at the peak hour for this development (regardless if it coincides with the peaks of the ferry operation) will not adversely affect the flow of traffic. Again, as stated in my October 24, 1988 letter to the Board, Main Road has a capacity of between 12, 000 and 14, 000 vehicles per day it is operating at less than 1/3 of that level at this time. The increase in traffic from this subdivision will not result in even a ten percent increase in local traffic, nor will it adversely affect the overall capacity of the road. See also discussions regarding traffic above. 6. The Common Cattail, Typha lati£olia, is likely to be found on the property. It was inadvertently left off of the species list of vegetation found on the site as it does occur on the fringes of the tidal wetlands. Page 16 7. New York State is not "on record that there is a rare plant, Angelica lucida, that does grow on the site" , what the Significant Habitat Unit of the State Department of Environmental Conservation has stated is that a specimen was collected from the vicinity of the site in 1924. The actual collecting location was not determined. Following receipt of this information, this office contacted Dr. Stephen Clemants at the State Wildlife Resources Center at Delmar. Dr. Clemants carefully described the plant and an extensive field investigation was undertaken. No individuals of Angelica lucida were observed on the property. The bulldozing of portions of the site would not result in the plant appearing in such cleared areas as the plant is normally found in a habitat of beaches and rocks along the sea, and not on cleared lands. 8. Contrary to Mr. Farrell' s contention that the American Woodcock and Red Throated Loon were omitted from the DEIS, both of these species are included in the document in the Migratory Birds discussion in the Appendix to the original DEIS. 9. This item is discussed in detail in the October 24, 1988 letter to the Planning Board as a response to comments made by the Suffolk County Office of Ecology. 10. The removal of the existing pavement from portions of the site where such removal is necessary will be accomplished using bulldozers and dump trucks. The asphalt material will be used on site as a sub-base to the proposed roads or taken to a licensed sanitary landfill , either the Town of Southold landfill or one specifically licensed to accept only construction related debris. 11. The discussion of alternative development followed the mandates of the scoping session held regarding this project. Development of 5 to 10 acre lots is not a reasonable alternative development which is feasible for the project sponsor. Retention and development of the property as parkland would require some level of government to acquire the property and develop the site as parkland. This Page 17 alternative would require the acquisition of the land by either the Town, County or State, none of which apparently has stated an overwhelming interest in acquiring the property. Development of the site as parkland, should it be acquired by a level of government, would not be without impacts which should be discussed in a DEIS, should this be accomplished. See also discussion regarding alternatives above. 12. The section of the DEIS where Mr. Garrell refers this comment to actually states "more than 125 gallons of water are expected to be consumed per household on a daily basis. . . " Mr. Farrel is in error when he states that only 125 gallons are to be consumed per household per day. Depending on family size, and personal habits, water consumption for individual homes within the project may consume 250 gallons of water per day. 13. There is no mention in the DEIS regarding in ground fuel tanks, however, should the Planning Board wish, the developer will agree to a covenant which prevents the installation of underground fuel tanks for the individual homes to be constructed. 14. There are some wetlands located within the park and recreation parcel. These wetlands should not be impacted at all as a result of the development of the property in that they will be protected by the same buffers that apply with the existing permit conditions. No structural improvements are proposed for the park and recreation parcel and the use will be confined to passive recreational purposes only. 15. No measures were proposed to protect the barrier beach between Long Island Sound and Dam Pond. The development of Cove Beach Estates proposes no structures on or near the barrier beach, nor does the development of the property contemplate any impacts whatsoever to the barrier island. In researching the erosion patterns in the area, it was found that the shoreline which includes the Cove Beach Estates property is among the most stable of arty found on Long Island. The erosion rate in the area does not foresee any erosion problems resulting from the development of the Page 18 property in question, nor does the erosion rate signal that any damage is imminent to the barrier island in question. 16. See responses to the NFEC comments above. 17. Proposed mitigation measures discussed in the DEIS and which have been incorporated into revised subdivision maps have proposed building envelopes be restricted from those as shown on the sketch plan map to extend no closer than 100 feet from the Coastal Erosion line. The map prepared for the sketch plan was dated prior to the Coastal Erosion requirements, however, the DEIS did consider the effects of these requirements and made a recommendation to limit the building envelopes. 18. As with the comment above, the restrictions suggested in the Mitigation Measures sections of the DEIS will result in building envelopes on lots 6 - 13 and lot 19 being free from the threat of normal flooding. On lot 34, there is ample room on the property for the siting of a house which is not within the designated floodway, however, it should be noted that federal flood regulations do not prohibit construction within floodways, however, what construction is proposed must be floodproofed (elevated) in such a way that the residence is protected from base floods. The project redesign will also alleviate the potential for flooding by relocating and/or restricting the most threatened lots. Comments of the Office of Ecology — --- - --- ------ -- ----- The Office of Ecology, by letter dated December 19, 1988 offered several comments on the DEIS, including addenda. The summary of these comments is as follows: 1 . Alternative development plans, The Office of Ecology requests additional alternative development proposals, including attached multi-family residences, greater clustering or total public acquisition of the site. 2. The OOE requests clearing restrictions to provide maximum Page 19 protection of the site' s vegetation. 3. The OOE requests landscaping restrictions which would only allow the landscaping with native species of trees and shrubs. 4. The OOE requests open space dedication of the site' s shoreline areas seaward of the 10 foot contour line. 5. The OOE requests provisions to allow non motorized public access to the site' s shorelines. Responses to the Office of Ecology Comments 1. Discussion of alternative development plans within the DEIS was consistent with the requests of the Town of Southold in the scoping session documents prepared by the Town' s consultant. As to total public acquisition of the site, no government has yet to come forward with any proposals for acquisition of this property. As to consideration of tighter clusters of residential development or attached unit development, the Town Planning Board has the authority to request these development alternatives. 2. Clearing restrictions have been proposed within the context of the DEIS (see pages 62 and 63) . Additional discussion and proposals for lot clearing restrictions are discussed above 3. The need for providing landscaping to the roadside is extremely low. With most of the roadway to be constructed traversing wooded areas, the need for street trees is negligable. The shoulders of the proposed roadway could be seeded with a mixture of wildflowers, which is commercially available and is being tested by the Suffolk County Department of Public Works in some areas within the County road system. Regarding individual lot landscaping, while a suggested planting list would include, among others, mountain laurel, azaleas, rhododendrons, wildflowers, cedar, red and white oaks, birch, beech and hickory trees and other trees which already grow in the area, restrictions regarding the Page 20 future possibilities of plantings would seem ill conceived and unenforcable. Certainly, the introduction of any planting to the site should not be conditioned on the ability of the plant to provide food for wildlife. 4. Open space dedication of the shoreline areas seaward of the 10 foot. contour line is out of the question from the developer' s standpoint. No building is being proposed in this area, and, should scenic or conservation easements be imposed on the property in question, their open space status will be assured without the dedication of the property. In addition, development will be precluded as a matter of regulation. The property will remain in natural conditions and will function as open space for all intents and purposes. 5. The Town of Southold presently operates several public beaches in the area, the closest being to the east of Dam Pond within visual sight of the property in question. Additionally, the Town apparently owns an access to the shoreline immediately adjacent to Cove Beach Estates to the west which is presently unimproved. Access to this area would be enhanced by the development of Cove Beach Estates. The shoreline of Cove Beach Estates is proposed for private ownership, (excepting the park and recreation parcel) and it would be up to individual owners to allow access along their property to the general public. Regarding the suggestion that all areas below the 10 foot contour be dedicated to the public for access, recent court decisions in California have questioned this type of requirement for public access without compensation to the property owner. Page 21 APPENDICES New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 ( 516 ) 751-7900 Af V-( ( IR, l yoi ew AMENDMENT TO PERMIT Thomas C. Jorling Former Commissioner Permit # ( if any) : Owner : RE: Permit No. & Location : p6 c+0 / LSe . d 64-Finarr611-N Co tne" 6-e� eS W-."0-s IQa%rd kZk R� Gre A--J2WX>V K luy. De rSiY . Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621 . it has been determined that there has not been a material change in environmental conditions , relevant technology or applicable law or regulations since the issuance Yf /thhe e xis in permit ; therefore, the expiration date is extended to / J7 IV/�+ 1'our recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621 . It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: aF lot he t-"� d 54.6� ha ,,c-t bA6vi `I�� ' �1� ofv< J9f -rtMc cr� ® v� 9 AtA�P� �`e -la a",r- C l,&W,�rS c�.(pV--eg.ts��*�-� .�wv�^-�--4 rLt.N� /3 fy dIY�Cl`tQ' - -14-0 '(au- (AF �l.h/isPle Cter is an a ndmEnt to a original permit and as such, shall be oAsted at the job site. (_ 1 LT✓ R{( v-ov-4 run Ar-*- i s 'Tv bA- 'o -. i vv-4 " 11fA-4 cc n la hJ All other terms and conditions remain as written in tie original permit . "2!-v { vies (nwa.(zorKQ1 Al.ACXe 24) otc uv Ort S.`t-e a.s Very truly yours, Mot ed a-), cLik4a4d 3keg*.47ky wo.& -Onr��S-a af t���' X +rte ae W,,I � - ti e PFVW 0 � DK. ¢, �� Deputy Regional Permit Administrator tG Nil4P Q� x B 25.7 30 a 26.3 I _ / I TO t . 35.2 N.4700 N 0 t -r ro '),I-40(v t F p 30ppr m x N •. N / N 5 F N 42 In 11 r N 10 .90 W 3°0956"W N25°3946"W o 88.65' 101.00' 1 1 3 05' N.211 38'46"W. —_ - 28.1 110.05' 113.47' N.240I10 6•'Nr 8.3 now or former/ Terry tAj N I / Lx B.7 Lj ,141 ti 14.8 1390 � to 27 x 311.78' 10 0 5 3.5 54 g 2 \ I 'I now or forme y � •. - �' � � � .�� � . Dorothy E 1O ! I' INDUSTRIAL ' C_ - ��\ I E?6 � ..A" 20 7. ROCKS L/ ROCK .✓"`Ch `-ROCK OP OF S ROCK � � �. �� . '_ •�� - �� 3 X _ 38.0 F \ 0 42.8 5.8 X \0 / ` 61JTA _ 3 XX35.2 \ / . 32.2 _ X L� B� 28.8 t 32.5 37.5% aoo X ►j� 21.3 Is 30 • - - _ 3 .5X 8.7 � p0 X l 3 y / L / • - - Rb•+q O � l now or former/y Of/o, / •y _ rk'&J-rARY AREA ✓r 6 pJ 6 /njy, - REA No. IG 57 O y.F. *o---- L of S t 3 `I NOTE : IT I) PORTION OF TURN - GR. A- R h1 20'0 5lopt7 FROPOCJED TO Vr= GON i ^/f Russsi� v aa_ Q ON LAND OF LJHL F.c y Hampton-Manor Associates, Inc. P.O. Box 308 Manorville, New York 11949 (516) 878-1031 NITROGEN CALCULATIONS FOR GROUNDWATER RECHARGE Step 1. Calculate average lot area: Add lot sizes for all proposed lots and divide total by number of lots. Step 2. Calculate Lawn area: Take average lot size and multiply by 0. 24 (assumes that 24% of the lot will be lawn. Multiply result by number of lots. Step 3. Calculate fertilized lawn area: Take total lawn area and multiply by 0. 75 (assumes that 75% of lawn area will be fertilized. ) Step 4. Calculate amount of lawn irrigation: Take number of lots, multiply by average lawn area and multiply by 3. 8 (inches of recharge from irrigation) and multiply by 144 (square inches in a square foot) and multiply by 0. 016387064 (conversion of cubic inches to liters) Result is amount of recharge from lawn irrigation (in liters) . Step 5. Calculate recharge of developed portion of site: Multiply total area of lots by 21. 3 (inches of rain recharge) by 144 and multiply by conversion of cubic inches to liters. Result is amount of recharge from the developed portion of .the site and is in liters. Step 6. Calculate recharge of entire site: Multiply entire site acreage by 43, 560 and multiply result by 21. 3 (inches of rain recharge) , multiply result by 144 and again by the conversion of cubic_ inches to liters. Result is the amount of recharge for the site and is in liters. Step 7. Calculate amount of recharge from sewage disposal: Multiply the number of lots proposed by 3. 5 (persons per household) and multiply by 45 (gallons of consumption per person per day) and multiply by 365 (days in a year) . Multiply result by 3. 7854118 (liters per gallon) Result is the amount of recharge from sewage disposal. Step 8. Calculate amount of fertilizer applied: Divide the fertilized lawn area by 1, 000 and multiply result by 2. 5 (pounds of nitrogen fertilizer applied per 1 , 000 square feet) Multiply result by 453, 592. 37 (number of milligrams in one pound) Result is the total amount of nitrogen applied as fertilizer and is in milligrams. Step 9. Calculate amount of fertilizer nitrogen which is recharged: Multiply the total amount of nitrogen applied as fertilizer by 0. 5 (assumes 50% lost to plants and atmosphere) . Result is the amount of nitrogen which is recharged as a resAilt of lawn £etilizer and is in milligrams. Step 10. Calculate amount of nitrogen recharged from sewage disposal: Multiply number of lots by 3. 5 (average persons per household) and multiply by 10 (pounds of nitrogen per person produced per year) and multiply by 0. 5 (amount of nitrogen reduced by sanitary system) and multiply result by number of milligrams in a pound. Result is the amount of nitrogen recharged from sewage disposal for the entire subdivision and is in milligrams. Step 11. Calculate amount of nitrogen recharged from pet wastes: Multiply 6. 5 (pounds of nitrogen in pet waste per acre) by total area of all lots and divide by 43, 560. Multiply result by 0. 5 (amount of nitrogen lost to atmosphere) and multiply result by number of milligrams in a pound. Result is amount of nitrogen which is recharged as a result of pet wastes and is in milligrams. Step 12. Calculate total amount of nitrogen recharged. Add amount of nitrogen recharged from lawn fertilizer, and amount of nitrogen recharged from sewage disposal and amount of nitrogen recharged from pet wastes. Result is total amount of nitrogen recharged from the developed portion of the subdivision and is in milligrams. Step 13. Calculate amount of recharge from developed portion of site: Add the amount of recharge from lawn irrigation and the amount of recharge from the developed portion of the site and the amount of recharge from sewage disposal. Result is the total recharge for the developed portion of the site and is in liters. Step 14. Calculate the amount of recharge for the entire site: Add the amount of recharge from lawn irrigation and the amount of recharge from sewage disposal and the amount of recharge for the entire property. Result is the total recharge for the entire area of the site and is in liters. Step 15. Calculate amount of nitrogen in recharge for developed portion of site: Divide the total amount of nitrogen recharged by the amount of recharge from the developed area. Result is the amount of nitrogen in the recharge from the developed portion of the site only and is in milligrams per liter. Step 16. Calculate amount of nitrogen in recharge for entire site: Divide the total amount of nitrogen recharged by the amount of recharge from the entire site. Result is the amount of nitrogen in the recharge for the entire property and is in milligrams per liter. PROPOSED CONSTRUCTION STAGING PLAN 1. Stake out clearing corridor. 2. Fence off trees to be protected from clearing. S. Clear trees and underbrush, chip material on site, remove debris from property to approved landfill. 4. Silt fence piles of topsoil to prevent erosion. 5. Install silt fence along edge of area to be disturbed and top of bluff to prevent erosion. 8. Stake out road. 7. Strip topsoil along road corridor. 8. Perform road grading and utility installation. 9. Direct runoff to drainage structures. 10. Install roadway pavement and place hay bales around drainage structure inlets. 11. Respread topsoil and fine grade. 12. Landscape where necessary. 13. Remove erosion control installations. H2M CORP./ Environmental Engineers & Scientists LAB.NO. 952031 HOLZMACHER,MCLENDON 6 MURRELL 500 BROAD HOLLOW ROAD, MELVILLE, NEW YORK 11746 (516) MY 4.3043 FIELD NO. 32 WATER RESOURCES a WATER SUPPLY 6 TREATMENT a SEWERAGE 6 TREATMENT a AQUATIC 6 MARINE ECOLOGY TIME MODEL STUDIES a PILOT PLANT STUDIES a WATER/WASTE WATER LABORATORY AND ANALYTICAL SERVICES COL.BY HG _ 99 CLIENT'S NAME AND ADDRESS DATES: COLLECTED RECEIVED ANALYSIS HARRY GOLDMAN 07/03/79 07/05/79 PREMISES OF SAMPLING POINT -- 235 ROUTE 58 Whitcom Investment Co., RIVERHEAD NY 11901 off Main Rd., E Marion POINT OF COLLECTION: DISTRIBUTION WELL OTHER (SPECIFY) ROUTINE RE-SAMPLE SPECIAL COMPLAINT K 0 0 0 ❑ - - --- POINT OR REC.CODE DATE WELL A . WELL NO. ONLY ❑ RAW 111 ❑TREATED 121❑OTHER (31 I DB03 TEST RESULT TEST RESULT TEST RESULT Bacteria Nitrates Imp/(NI Phenol 1 APC)ml 1 0 Alkalinity Imp/1 CaC031 Coliform Bacteria Chemical Oxygen Total MPN/100m1 Demand Imp/0 Phosphate(mg/I P) L Color(unity) Chlorides Imp/II Ortho 1 5 5 Phosphate(mg/I P) f Turbidity(units) Total MISCELLANEOUS Hardness Img/I as C@CO3) Tat Code Result Odor. Cold a Total Copper(mg/1) 0 1 _-- I I Alkalinity (mp/l as CaCO3) Odor. Hot PH 1 s Sulfate --- - L_ (mp/l SO4) 0 6 1 1 Total Iron(mg/1) O 1 0 Solids Img/I) Imgg//I Acidity 0 8 Manganese lmp/11 O O s Specific.((µmhos) Sodium lm9lll 10 Free CO2(mp/I) �I-- j-- -_-- - -- Nomograph—Titration Detergents(mp/I as MEAS) Q O 4 Magnesium 1 6 Imp/II I_ Fluoride(mg/II Dissolved Oxygen Impll) 11 Free Hexavalent - Ammonia(mg/I N) Chromium(mg/I Cr+6) r Ammonia fmg/I N) Hardness (mg/l a CDC03) I_ Nitrites(mp/I N) Temp. . (Field) F 11 COPIES TO: REMARKS: Casola Well Drillers SATISFACTORY: RESULTS REPORTED MEET N.Y.S. + U.S. DRINKING WATER STANDARDS. SIGNATURETITLE DATE LABORATORY DIRECTOR REPORTED 07/09/79 S.C.MCLENDON - H2M CORP. / Environmental Engineers & Scientists LAB.NO. 952032 HOLZMACHER, McLENDON 6 MURRELL • 500 BROAD HOLLOW ROAD, MELVILLE, NEW YORK 11746 (516) MY 4-3043 FIELD NO. 33 R RESOURCES a WATER SUPPLY&TREATMENT a SEWERAGE&TREATMENT . AQUATIC& MARINE ECOLOGY TIME MOD_ STUDIES a PILOT PLANT STUDIES a WATER/WASTE WATER LABORATORY AND ANALYTICAL SERVICES COL. BY HG 99 CLI ENT'S NAME AND ADDRESS DATES: COLLECTED RECEIVED ANALYSIS HARRY GOLDMAN 07/03/79 07/05/79 PREMISES OF SAMPLING POINT 235 ROUTE 58 Whitcom Investment Co., off Main Rd., E Marion RIVERHEAD ]� 11901 POINT OF COLLECTION: DISTRIBUTION WELL OTHER (SPECIFY) ROUTINE RE-SAMPLE SPECIAL COMPLAINT 11 1� 1:1 N 1:1 11 11 POINT OR REC.CODE DATE WELL LAB. WELL NO. ONLY RAW Itl []TREATED 121❑OTHER 131 i,D,03 TEST RESULT TEST RESULT TEST RESULT Bacteria 7 Phenol APC/ml Nitrates(mg/I N) 0 4 - I Alkalinity Imp/I CeC031 Coliform Bacteria Chemical Oxygen Total MPN/100ml Demand(mp(I) Phosphate(mg/I P) I L11 Color(units) Chlorides Imp/I) 1 3 5 Ortho - �- Phosphate Imp/I PI 1 Turbidity(units) Total MISCELLANEOUS Hardness(mp/I as C@CO3) Test Code Result Odor:Cold TotalAlkalinity (mp/1 as GCO3) Copper Imglll -- - 101 1 11 Odor: Hot PH 6 $ Sulfate 10.1 511 11- imp/i SO41 Total Iron Imp/II 1 2 2 Solids Imp/11 Acidity Total iCC031 J 0 6 I I -I I Manganese Imp/() 0 3 8 Specific Sodium Img/I) 1 0 Cond. (pmhw) I Free CO2 Nomograph—T Detergents(mo/1 m MBAs) < 0 0 4 Magnesium 1 5 I - Free C0 —Titration Imp/11 • Fluoride(mpll) ed 41 Ll Oxygen I - Oxygen Imp/II Free Hexavalent Ammonia(mp/I N) Chromium(mp/I Cr'e 1 l Alb. Calcium Ammonia(mp/I N) Hardness mg/1 es GC03) Nitrites(mp/1 NI 1 le dl eF LL_ �_- _ COPIES TO: / 1 REMARKS: Whitcom Investment Co., E Marion (Carola Well Drillers) Iron and Manganese exceed 0.3 mg/1 . SIGNATURE TITLE LABORATORY DIRECTOR DATE 07/09/79 REPORTED 3 .Mc NDON - _-- H2M CORP. / Environmental Engineers & Scientists LAB.NO. 952033 //A, HOLZMACHER, Mc LENDON &MURRELL 500 BROAD HOLLOW ROAD, MELVILLE, NEW YORK 11746 (516) MY 4.3043 FIELD N0.34 /ER RESOURCES a WATER SUPPLY&TREATMENT a SEWERAGE &TREATMENT • QUATIC&MARINE ECOLOGY TIME 'MODEL STUDIES • PILOT PLANT STUDIES a WATER/WASTE WATER LABORATORY AND ANALYTICAL SERVICES COL.BY HG 99 =LIENrS NAME AND ADDRESS DATES: COLLECTED RECEIVED ANALYSIS HARRY GOLDMAN 07/03/79 07/05/79 PREMISES OF SAMPLING POINT -- 235 ROUTE 58 Whitcom Investment Co., off Main Rd., E Marion RIVERHEAD NY 11901 POINT OF COLLECTION: DISTRIBUTION WELL OTHER (SPECIFY) ROUTINE RE-SAMPLE SPECIAL COMPLAINT E ❑ 11 11 POINTOR REC.CODE DATE WELL WELL NO. ONLY ❑ RAW 111 ❑TREATED(2)�OTHER (3) 1 0803 TEST RESULT TEST RESULT TEST RESULT Bacteria -— APC)ml Nitrates Imyl N) 6 8 Phenol Alkalinity (mg/I CaCO3) Coliform Bacteria Chemical Oxygen Total MPN/100m1 Demand Imp/11 Phosphate Imp/I PI Color(units) Chlorides Imp/I) 2 4 0 Ortho Phosphate(mg/I PI Turbidity(units) Total MISCELLANEOUS Hardness(mp/I as CsCO3) Test Code Result Odor: Cold Alkalinity ImpTotal Copper(mg/1) 0 1 /I as CaCO3) Odor: Hot PH 7 6 Sulfa(mp/ItSOq) 0 5 Total Iron(mg/1) Q Q 7 Total Acidity Solids Imp/0 (mp/1 CaCO3) 0 6 Mangeness(mg/1) 0 0 3 Specific Frac p Cnd.IYmhosl Sodium Im g/11 1 0 Nomograph—Titration Detergents(mp/I as MEAS) Q Q s} Magnesium i 5 as Img/II Fluoride Img/[) Dissolved Oxygen Imp/II Free Hexavalent Ammonia(mp/I N) Chromium(mg/I Cr.e) Alb. Calcium Ammonia(mg/I N) Hardness (mg/1 as CAC031 Nitrites(mg/I N) Temp.a (Field) F OPIES TO: — � 7/�V :EMARKS: Casola Well Drillers SATISFACTORY: RESULTS REPORTED MEET N.Y.S. + U.S. DRINKING WATER STANDARDS. IGNATURE TITLE DATE LABORATORY DIRECTOR REPORTED 07/09/79 S. a NDON a Hampton-Manor Associates, I p� P.O. Box 308 D Manorville, New York 11949 OWUT 2 5 (516) 878-1031 BANG BOA D October 24, 1988 Mr. Bennett Orlowski , Jr. , Chairman Town of Southold Planning Board 53095 Main Road Southold, N. Y. 11791 Re: Cove Beach Estates, DEIS Dear Chairman Orlowski : This letter will serve as a response to comments regarding the Draft Environmental Impact Statement made by the Suffolk County Department of Health Services - Department of Ecology by letter dated September 28, 1988 and the comments of the Town Planner, Valerie Scopaz, in a memorandum dated October 17, 1988. First, I would like to register a complaint regarding the procedures followed by the staff of the Planning Board regarding this matter. In all previous correspondence with the Town regarding this DEIS, I was sent copies of all correspondence regarding the DEIS as soon as they were received by the Planning Board. However, when substantive comments were received by the staff on September 29, 1988, no copy was forwarded to me, thus I felt ill prepared to respond directly to the comments at the Planning Board meeting of October 17, 1988. I appreciate all of the past efforts of the staff regarding this project, and I hope that future comments will be sent directly to me without delay so that appropriate responses can be readied. I believe the procedures mandated in Part 617 and within the Town Code Chapter 44 (.Environmental Quality Review) have not been followed by the staff of the Planning Board with regard to the review of this Draft Environmental Impact Statement. It is the responsibility of the Lead Agency to determine whether a DEIS is complete prior to issuing the document to other involved agencies for their review (Part 617, Section 617. 10 e and Section 44-10 of the Southold Town Code) . Thus, the day the Town distributed the Cove Beach DEIS to the other involved agencies, it was putting those agencies on notice, pursuant to 617. 10 that the DEIS had been considered complete by the Lead Agency. A notice of completion should have been prepared, posted and published concurrent with the distribution of the document to the other involved agencies. By following the proper procedures, the Office of Ecology, as well as other involved agencies would not receive the DEIS until the document is accepted by the Town. If the Town has accepted the document as complete, and the comments received from the Office of Ecology are to be considered a review by an involved agency pursuant to Part 617. 10, the responses to the comments contained in this letter should then be considered as a portion of the Final Environmental Impact Statement for this project. Office of Ecology _ Comments of September 28t 1988 The following are responses to the comments made by the SCDHS - Office of Ecology. Item 1. Sanitary Code The Office of Ecology is concerned that the DEIS did not include a detailed discussion of the County Health Department regulations and requirements, and the method of compliance with such regulations and requirements. Response: I am sure that the Suffolk County Department of Health Services is well aware of its own regulations and requirements and does not need to re-read them within each DEIS which is reviewed by the agency, however, in the interest of providing the requested material to the Office of Ecology, a copy of Article 6 of the Sanitary Code is attached to this letter and should be incorporated by reference into the DEIS. The major requirements pursuant to Article 6 are as follows: 1. Sewage Facilities a. Individual lot sizes must be at least 40, 000 square -2- Y feet in size. b. The property is in an area where subsoil and groundwater conditions are conducive to the proper functioning of individual sewerage systems. C. The individual sewerage systems comply with the Suffolk County Department of Health Services Standards. 2. Individual Water Facilities a. All parcels in the subdivision are at least 40, 000 square feet in size. b. Individual wells can provide an average yield of 5 gallons per minute. C, The individual wells will comply with the Department' s current standards. The application of Cove Beach Estates, to the best of my knowledge complies with all of the requirements for the issuance of permits from the Department of Health Services for individual sanitary systems and individual wells to service the proposed lots. The comment of the Office of Ecology is the equivalent of asking an applicant to reproduce the entire zoning code and subdivision regulations of a municipality and assessing the method of compliance with each of the requirements contained therein. Reasonable assumptions must be made by the various reviewing agencies that the requirements of other agencies must be met if a project is to receive approvals for it to proceed. Item 2. Site Description and Subdivision Details The Office of Ecology comments that subdivision maps were not presented with the DEIS. Additionally, no road profiles or drainage calculations were submitted. Response: The Office of Ecology obviously had copies of the subdivision map in its possession or else other comments presented in their letter could not have been made. However, additional copies of the subdivision map are attached to this letter for distribution purposes. -3- Regarding the issue of road profiles and drainage details, these items have not as yet been prepared for the subdivision. They are required during the Preliminary Plat review stage of the Town, and the application is not yet at that level of review. Item 3. Wildlife Resources The Office of Ecology makes two comments regarding wildlife resources; the first deals with the potential relocation of species and the elimination of breeding habitats, and the second comment discusses the role of landscaping in providing increased food opportunities for wildlife. Responses: Regarding the issue of wildlife relocating away from the project site during and following development of the subject property, I maintain that some individuals will be able to relocate to both on site and off site locations. Admittedly, as stated in the DEIS, certain species will be more affected than others. There are three impacts to wildlife resources, all of which are discussed in the DEIS. First some habitat, and consequently some individual specimens will be eliminated by the implementation of the proposed, or any other, development plan for the property. Second, some species and/ or individuals will choose to relocate to different areas of the site or off-site and attempt to establish themselves against established populations. Third, some species and individuals will adapt to the new surroundings, both during and following development of the property. Regarding the issue of landscaping, let me first state that no comprehensive landscaping plan is being proposed by the applicant. It is the intention of the applicant to develop the subject property and offer opportunities to the individual purchasers of the lots to build their own homes. As to the landscaping of the 34 individual homesites, we believe that it is impossible to dictate specific landscaping plans to individual lot buyers. With respect to the comment that landscaping will provide additional food opportunities, I believe that the comment as stated in the DEIS is a valid evaluation of the situation. My experience has been that individual landscaping plans contain both native and non native plant material, some of which is suitable source of -4- food for a variety of wildlife. The entire concept of landscaping material providing both a source of food and cover for wildlife is neither new or radical, in fact I believe it is accepted theory in fields as diverse as wildlife biology and landscape architecture. Regarding the issue of managed turf, one of the additional recommendations proposed for minimizing potential environmental impacts is a recommendation that limits the amount of cleared and turfed area on each of the individual parcels of land. Issue 4. Freshwater Wetlands The Office of Ecology claims that there is no discussion of the potential impacts to the small freshwater pond located south of lot 34, resulting from subdivision road construction. Response: The subject freshwater pond is actually an irrigation well dug in 1948 (see appendix #4) . It is a small body of water surrounded by steep slopes and a 4 - 6 foot high berm. The physical characteristics of the pond are not conducive to wildlife usage, primarily due to the almost vertical slopes surrounding the pond. As noted in the DEIS, no freshwater wetland vegetation was observed surrounding the pond, primarily due to the steep slopes. As presently proposed, the subdivision access roadway will be constructed within several feet of the pond, with roadway construction cutting through a portion of the 4 - 6 foot high berm surrounding the pond. There will still be some berm surrounding the pond, and no impacts are anticipated to the pond due to siltation, erosion or runoff as the pond itself will be protected by the existing berm. There are no anticipated impacts to the wildlife values of the pond, as the area is presently unsuited for wildlife and conditions are not expected to be any different following construction. Issue 5. Cumulative Impacts The Office of Ecology requests consideration of the development of adjacent property, and the impacts thereof be discussed within the context of the impacts of the -5- development of the Cove Beach Estate Property. Response: The developments of Cove Beach Estates and Dam Pond are separate and distinct proposals, joined only by their sharing of common boundaries. The developer of Cove Beach Estates has no control over the physical characteristics of the land of the other development, the proposed layout of the adjacent development, or any impacts which may or may not result from the development of the adjacent tract of land. Each project must be addressed separately on the merits of the individual applications. Basically, the Office of Ecology is requesting a Generic Environmental Impact Statement (GEIS) within the context of Part 617, Section 617. 15. To my knowledge, the Town of Southold has not commissioned a GEIS regarding these separate actions. The issue of coordinated development between the two properties is discussed within the context of the DEIS prepared for Cove Beach Estates (see pages 58, 62 & 63) . In these areas, the adjacent property is discussed and the recommendation is made regarding coordinated access for the adjacent properties. Other than this discussion, it would be inappropriate to comment regarding the development of the adjacent property in any other way except for the preparation of a Generic Environmental Impact Statement, prepared by or for the Town of Southold. Another aspect to consider is the fact that the Town of Southold has granted the Dam Pond development a determination of non-significance for portions of their development on 12/17/84. Issue 6. The Office of Ecology complains about the discussion of alternative development plans, and the number of alternative plans considered. Response: The Town of Southold, in it' s scoping session documents -6- those presented within the DEIS. As the lead agency, the Planning Board obviously has the authority to request or reject certain development alternatives for the property in question. The preparer of the DEIS for Cove Beach Estates was merely complying with the directives of the Town Planning Board in the discussion of alternative development plans. Issue 7. Cultural Resources The Office of Ecology requests that the archaeological survey of the property be incorporated into the DEIS prior to acceptance of the document. Response: The archaeological survey has been prepared, submitted and distributed. The survey found that there was little likelihood for any archaeological remains to be found on the subject property. Issue 8. Additional Comments The Office of Ecology contends that the following issues are not discussed; bluff protection, waterfront lots and beach access, drainage and slopes, open space protection and recreational areas designation. Response: The issue of bluff protection is discussed on pages 34 and 62. The issue of "waterfront lots and beach access" is a rather broad topic, and it is unclear as to the specific requests of the Office of Ecology. The development proposal proposes the creation of a total of 13 waterfront lots, each including a portion of the beach located on the property. Additionally, a separate waterfront area is proposed to be set aside as a park and recreation area offering access to the beach for the remainder of� the future lot owners. The issue of drainage and slopes is discussed on pages 1, 15, 32, 34, 39, 47, 48, 50, 54 and 61 of the DEIS. -7- The issue of open space protection is discussed on pages 1, 3, 44, 53, 54 - 57, 60 and 63 of the DEIS and open space areas are shown on the proposed development plans. The issue of recreational area designation is discussed on pages 1, 3, 61 and 63 of the DEIS and is shown on the proposed development plans. Comments of Valerie Scopaz, Town Planner Dated October 17, -- ------ -- 1988 -- - - --- --- The Town Planner, in her memorandum of October 17, 1988 indicated three items of deficiency in the DEIS. These comments are addressed below: Item 1. Subdivision map The Town Planner requests a copy of the proposed subdivision map be enclosed with each DEIS. Response: Additional copies of the subdivision map are being delivered to the Town for distribution with the DEIS. Item 2. Water Supply Data The Town Planner requests additional data regarding the water resources found on the subject property, including supplying test hole data for the property. Response: With regard to the water supply found on the Cove Beach Estates property, let me first state that the map found on page 22 of the DEIS was inadvertently unlabeled as to the source. The source of the map was the Suffolk County Department of Health Services water table map for 1987. The USGS information presented in the DEIS was meant to be representative of the expected conditions found at the project location. Although the data presented was from elsewhere, the natural groundwater conditions are not expected to vary greatly from the data presented. The USGS has not conducted extensive studies of the North Fork of Long -8- Island, particularly within the Town of Southold. The last specific report in the area is from 1963. Discussions held with staff at the local USGS office found that there is an overall lack of information available regarding the groundwater resources of eastern Southold Town. One study currently underway concentrates on the rate of groundwater movement on the North Fork west of the Village of Greenport. Even this study which will not be available for perhaps 18 months will not be specific to the East Marion area. c Regarding site specific conditions, test hole data �r requested by the Town Planner is included in the DEIS at page 13 and on the proposed subdivision map. Test wells have also 1. been installed on the subject property. The data from these wells can be found at the Suffolk County Department of Health JN Services, the agency ultimately responsible for permits regarding water supply and sanitary waste disposal . Item 3. Traffic Data The Town Planner requests that more recent traffic counts be used for the discussion of traffic impacts. She suggests that data is available from either 1987 or 1988. Response: The data presented in the DEIS is directly taken from the Town Master Plan prepared in 1984. At the time of preparation of the Master Plan, the counts were the most recent and highest counts available. The New York State Department of Transportation was contacted to see if any more recent counts were available for the area in question. More recent counts were taken during 1984 on Route 25 somewhere between Middle Road on the West and Narrow River Road in Orient. This stretch of road includes the more heavily traveled section of Route 25 adjacent to the Village of Greenport. The estimated average annual daily traffic for the 1984 count showed 4, 300 vehicles along this section of roadway. I do not believe that the almost three fold increase in traffic from the figures presented in the DEIS is indicative of the conditions actually found in East Marion. Regardless of the correct figure, Main Road is operating at very -9- acceptable levels of service and far below the estimated capacity of 12, 000 - 14, 000 vehicles per day. My opinion remains the same regarding the traffic impact of the proposed development of Cove Beach Estates, the minor increase in overall traffic as a result of the development of the property as currently planned will not result in any reductions in the level of services found on the local roadway, g Regarding the 1987 or 1988 traffic counts alluded to in the Town Planner' s memorandum, no such traffic counts exist WV-11— an an official level. I believe that the various comments presented to the Board by the Office of Ecology and the Town Planner have been addressed in this response. As previously noted, these responses should be considered as a portion of the Final Environmental Impact Statement for the project, pursuant to the prevailing regulations found in Part 617 and Chapter 44 of the Town Code. I would request that this matter be placed on the agenda for the next Planning Board meeting so that the issues raised regarding this procedure can be clarified. Thank you for your cooperation. Sincerely, Kenneth C. Coenen, AICP President r • • (18: 1.4) SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CODE OF ADMINISTRATIVE REGULATIONS CONCERNING REALTY SUBDIVISION, DEVELOPMENT AND OTHER CONSTRUCTION PROJECT, WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES ARTICLE 6 MMrdrr SUBDIVISIONS, DEYELONUMS, AND OTBEA CONSTRUCTION PROJECTS Section 601 Definitions 602 Department Approval of Realty Subdivision, Development, or Other Construction Project Plans 603 Applications for Approval 604 Filing Requirements 605 Sewage Facilities Requirements for Conventional Single-Pamily Residential Realty Subdivisions and Developments 606 Nater Facilities Requirements for Conventional Single-Family Residential Realty Subdivisions and Developments 607 Sewage Facilities Requirements for Construction Projects Other Than Conventional Single-Family Residential Realty Subdivisions and Developments 608 Water Facilities Requirements for Construction Projects Other than Conventional Single-Family Residential Realty Subdivisions and Developments 609 Variances Section 601 Definitions As used in this code, unless the context otherwise requires: a. Clustered Realty Subdivision means a realty subdivision consisting of one or more relatively undersized parcels, which is designed in such a ` manner so s to allow a substantial unimproved portion of the tract to stand open and uninhabited. b. Commercial or Industrial Center means a realty subdivision or development to be used for non-residential purposes. " o. Community Sewerage System, means a system utilized for the collection' and disposal of sewage, or other waste of a liquid nature, including the various devices for the treatment of such wastes, serving more than one parcel whether owned. by a municipal corporation, private utility, or otherwise. d. Community (later System means a source of water and necessary appurtenances together with a distribution system serving more than one parcel, whether owned by a municipal corporation, private utility, or otherwise. e. Department means the Suffolk County Department of Health Services. f. Developer means any person or group of persons, or any legally cognizable entity or entities or any combination of the foregoing, who: ( 1) is undertaking or participating in the establishment of a realty subdivision or other construction project: (a) either individually, or (b) pursuant to a common scheme, plan or venture, or (2) owns, acquires, possesses, controls or creates a development or other construction project. g. Development means two, three or four contiguous parcels located wholly or partially within the County of Suffolk, or any tract of land located wholly or partially within the County of Suffolk which has, is or will be divided into two, three, or four identifiable parcels. h. QroanddFmter Management gone means any of the areas delineated in Suffolk County by the "Long Island Comprehensive Waste Treatment Management Plan (L.L 208.Study)," as revised by the "Long Island Groundwater Management Plan," and subsequent revisions adopted by the Board identifying differences in regional hydrogeologic and groundwater quality conditions. The boundaries of the Groundwater Management Zones are set forth on a map adopted by the Hoard, filed in the Office of the Commissioner in Hauppauge, New York. i. Individual Sewerage System means a single system of piping, tanks, or other facilities serving only a single parcel and disposing of sewage or other liquid waste into the soil of such parcel. J. Individual water supply System means a single system of piping, tanks, or other facilities together with a source of water intended to supply only a single parcel. k. Molti-sadly sousing means dwelling units designed for occupancy by more than two separate family units. 1. som-sesidantial Parcel means a single body of land or single building plot, site or unit, zoned for other than single-family residential use, which is located wholly or partially within the County of Suffolk any point on the boundary line of which is less than one-half mile of the boundary line of another such parcel in the same tract. m. Other Construction Project means other than a conventional single- family residential subdivision or developments including, but not limited to cluster subdivisions, condominiums, two-family residences, multi-family housing, commercial or industrial centers and projects, whether or not there is a split of land involved. n. Population Density Equivalent means an expression of the quantity of domestic sewage in terms of the calculated population per unit area which would normally contribute the same amount of sewage. 2 o. Realty Subdivision means a realty subdivision as defined in Section 1115 of the Public Health Law of the State of New York and Section 17-1501 of the' Hnvironmental Conservation Law as such statutes may be amended from time to time. P- Residential Parcel means a single body of land or single building plot, site or unit, zoned for single-family residential use, consisting of five (5) or less acres, which is located wholly or partially within the County of Suffolk any point on the boundary line of which is less than one-half mile of the boundary line of another such parcel in the same tract. q. Sewage Collection and Treatment Sys' means the structures, devices and processes installed for the purposes of collecting, treating and disposing sewage and sludge. r. Subsurface Sewage Disposal System means the septic tank and leaching pools and interconnecting piping. e. Tract means any real property, including contiguous parcels of land, which is held, owned, controlled or possessed, either singularly, jointly, commonly or otherwise, by a person or group of persons, or any legally cognizable entity or entities, or any combination of the foregoing, who are acting with reference to such body of land in concert or as part of a common scheme, plan or venture. t. Two-Family Residence means a dwelling unit designed for occupancy by two separate family units. Section 602 Department Approval of Realty Subdivision, Development, or Other Construction Project Plans 1. No developer shall after the effective date of this article: a. engage in the creation of a realty subdivision, or sell, rent, offer for sale or lease any parcel in a realty subdivision unless Department approval has been obtained of the existing or proposed water supply and sewage disposal facilities in the subdivision; b. engage in the creation of a development, or lease, rent, give, devise, or otherwise dispose of any parcel in a development, or erect or cause to be erected any permanent building on any parcel in the development unless Department approval has been obtained for the existing or proposed water supply and sewage disposal facilities in the development; c. engage in the creation of a construction project, or erect or cause to be erected any -permanent building unless Department approval has been obtained for the existing or proposed water supply and sewage disposal facilities. 2. A tract of land which is divided shall constitute a development or realty subdivision notwithstanding: 3 a. the method or purpose of such division, or the allowable types of use applicable to such tract, whether commercial, residential, industrial, or other authorized use under local ordinances; b. the method used to describe such tract whether by metes and bounds, or by reference to a map of the property, or otherwise. Seation 603 Applications for Approval 1. Applications for Department approval of existing and/or proposed water supply and sewage disposal facilities, as required by Section 602 above, shells a. conform with the standards and regulations prescribed in this code; and b. conform with all other Department bulletins, regulations, and requirements; and c. be made on forms provided by the Department; and d. be accompanied by such maps, plans, reports, specifications, and data as the Department may require or direct. 2. Plans other than those for community water and/or sewerage systems shall indicate water and/or sewerage systems located upon each parcel. 3. Plans other than those for community water and/or sewerage systems shall not propose to furnish water to more than one parcel and/or dispose of sawage ,from more than one parcel. 4. Where the developer proposes to obtain and furnish water supply and/or sewerage facilities for a realty subdivision, development, or other construction project by connection to an existing community water and/or sewerage system, the developer shall supply the Department with a certification in writing by the owner of the utility that such facilities will be furnished and kept available in good operating condition for the realty subdivision, development, or other construction project. S. The Department, in its discretion, may require the developer to furnish a performance bond to the owner of such utility conditioned upon the developer's making connection to the utility within a specified reasonable period of time. Section 604 tiling Requirements Every developer who obtains Department approval of a realty subdivision or development, as required by Section 602, shall thereafter file a map of such realty subdivision or development, bearing the stamp of approval of the Department, in the Office of the Clerk of the County of Suffolk within six (6) months of the date of approval of the Department. 4 Section 605 swags facilities Requirements for Conventional single- Faaily Residential Realty subdivisions and Developments 1. a community sewage system method of sewage disposal is required when any of the following conditions are present: a. the realty subdivision or development, or any portion thereof, is located within an existing sewer districts (1) This requirement shall apply in the absence of proof satisfactory to the Department that the develper cannot effect arrangements for the installation and/or connection of the sewerage system to the existing newer district. b. the realty subdivision or development is located in an area where the subsoil or groundwater conditions are not conducive to the proper functioning of individual sewerage systems; c. the realty subdivision or development is located outside of Groundwater Management Zones III, V and VI, and any parcel in the realty subdivision or development is less than 20,000 square feet in area, unless the realty subdivision or development meets the population density equivalent requirements of paragraph 2a of this section; or d. the realty subdivision or development is located within Groundwater Management Zones III, V or VI, and any parcel in the realty subdivision or development is lees than 40,000 square feet in area, unless the realty subdivision or development meets the ,population density equivalent requirements of paragraph 2b of this section. 2. Individual sewerage systems may be approved by the Department as to the method of sewage disposal provided all of the following conditions are mets a.. the realty subdivision or development is located outside of Groundwater Management Zones III, V and VI, and all parcels of the realty subdivision or development consist of an area of at least 20,000 square feet; or the realty subdivision or development has a Population density equivalent equal to or less than that of a realty subdivision or development of single-family residences in which all Parcels consist of an area of at least 20,000 square feet; b. the realty subdivision or development is located within Groundwater Management Zones III, V or VI, and all parcels in the ,,,realty„subdivision or development consist of an area of at least 40,000 square feet; or the realty subdivision or development has a population density equivalent equal to or less than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 40,000 square feet; c. the realty subdivision or development, or any portion thereof, is not located.within an existing sewer district and is located in an area where subsoil and groundwater conditions are conducive to the proper functioning of individual sewerage systems; and 5 - d. the individual sewerage systema comply with the Department's current Standards and the minimum State requirements as set forth in 10 NYCRR, Part 75, to the extent applicable to Suffolk Countyl and as the requirements of Section 606 hereof are complied with. Section 606 later facilities Requirements for Conventional Single- laoily Residential Realty Subdivisions and Development 1. A comsunity water system method of water supply is required when any of the following conditions are present: a. the realty subdivision or development, or any portion thereof, is located within an existing water district or service areal or b. the realty subdivision or development is reasonably accessible to an existing water district or service area: or (1 ) This requirement shall apply in the absence of proof satisfactory to the Department that the developer cannot effect arrangements for the installation and/or connection of the water system to the existing water district or service area facilities. C. individual wells cannot provide an average yield of five (5) gallons per minute of fresh, potable waters or d. 'groundwaters in the area are non-potable, or potentially hazardous: or e. any parcel in the realty subdivision or development is less than 40,000 square feet in area. 2. The following are minimum requirements for community water systems: a. Community water systems shall be capable of delivering water at an average rate of 100 gal/capita/day when service connections are unmetered, or 75 gal/capita/day when service connections are metered. b. Community water systems shall be designed to deliver water meeting the quality requirements of the New York State Sanitary Code. c. Community water systems shall provide for continuity of water service to the satisfaction of the commissioner. d. The community water supply system shall have at least two (2) separate wells as a source of supply. e. Community water systems shall have at least one day's available storage at design average consumption. 6 f. The relevant provisions of Part 5 of the New York State Sanitary Code and Bulletin 42 of the New York State Department of Health entitled "Recommended Standards for Water works" will be the basis upon which all plans, specifications and reports for community water systems will be reviewed for approval by the Department. 3. Individual water supply systems may be approved by the Department as the method of water supply for a realty subdivision or development, provided all of the following conditions are met: a. all parcels in the realty subdivision or development consist of, an area of at least 40,000 square feet; and b. the realty subdivision or development, or any portion thereof, is not located within an existing water district or service area and is not reasonably accessible thereto, and individual wells can provide an average yield of five (5) gallons per minute of fresh potable water; and c. the individual water supply systems comply with the Department's current Standards and the minimum State requirements as set forth in 10 NYCRR, Part 75, to the extent applicable to Suffolk County. Section 607 Sewage Facilities Requirements for Construction Projects Other Than Conventional Single-Family Residential Realty Subdivisions and Developments 1. A community sewerage system method of sewage disposal is required for other construction projects when any of the following conditions are Present: a. the construction project is located within Groundwater Management Zones III, V or VI, and the population density equivalent is greater than that of a realty subdivision or development of single- family residences in which all parcels consist of an area of at least 40,000 square feet; b. the construction project is located outside of Groundwater Management Zones III, V and VI, and the population density equivalent is greater than that of a realty subdivision or development of single- family residences in which all parcels consist of an area of at least 20,000 square feett c. , the construction project, or any portion thereof, is located within an existing sewer districts (1) This requirement shall apply in the absence of proof satisfactory to the Department that the developer cannot effect arrangements for the installation of the sewerage system to the , existing.sewer district. d. the construction project is located in an area where the subsoil or groundwater conditions are not conducive to the proper functioning of individual or subsurface sewerage systems. 7 2. Individual or subsurface sswerage systems may be approved by the Department as to the method of sewage disposal for a construction project provided all of the following conditions are met- a. the construction project is located within Groundwater Management Zones III, V or VI, and the population density equivalent is equal to or less than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 40,000 square feett b. the construction project is located outside of Groundwater Management Zones III, V and VI, and the population density equivalent is equal to or less than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 20,000 square feet; c. the construction project, or any portion thereof, is not located within an existing sewer district and is located in an area where subsoil and groundwater conditions are conducive to the proper functioning of individual or subsurface sewerage systems; and d. the individual sewerage or subsurface systems comply with the Department's current Standards and the minimum State requirements as set forth in 10NYCRR, Part 75, to the extent applicable to Suffolk County. Section 608 slater Facilities Requirements for Construction Projects Other Than Conventional Single-Fasdly Residential Realty Subdivisions and Developments 1. A community water system method of water suppply is required when any of, the following conditions are present: a. the construction project, or any portion thereof, is located within an existing water district or service area; or b. the construction project is reasonably accessible to an existing water district or service area; or (1) This requirement shall apply in the absence of proof satisfactory to the Department that the developer cannot effect arrangements for the installation and/or connection of the water system to the existing water district or service area facilities. c. individual wells cannot provide sufficient yield of freshwater meeting Department requirements or standards; or d. groundwaters in the area are non-potable, or potentially hazardous; or e. the construction project has a population density equivalent that is greater than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 40,000 square feet, or any residential parcel that has an area of less than 20,000 square feet. 8 r 2. The following are minimum requirements for community water systems: a. Community water systems shall be capable of delivering water at as average rate of 100 gal/capita/day when service connections are unmetered, or 75 gal/capita/day when service connections are metered. b. ' Community water systems shall be designed to deliver water meeting the quality requirements of the New York State Sanitary Code. c. Community Mater systems shall provide for continuity of water service to the satisfaction of the commissioner. d. The community water supply system shall have at least two (2) separate wells as a source of supply. e.' Community water systems shall have at least one day's average storage at design average consumption. f. The relevant provisions of Part 5 of the New York State Sanitary Code and Bulletin 42 of the New York State Department of Health entitled "Recommended Standards for Water Works" will be the basis upon which all plans, specifications, and reports for community water systems will be reviewed for approval by the Department. 3. Individual water supply systems may be approved by the Department as the method of water supply for a construction project, provided all of the following conditions are met: a. the population density equivalent of the construction project is equal to or less than that of a realty subdivision or development of single-familyresidences in which all parcels consist of an area of at least 40,000 square feet, and all residential parcels consist of an area of at least 20,000 square feet each; and b. the construction project, or any portion thereof, is not located within an existing water district or service area and is not reasonably accessible thereto, and individual wells can provide sufficient yield of fresh, potable water meeting Department requirements and standards; and c. the individual water supply systems comply with the Department's current standards and the minimum requirements of the New York State Sanitary Code. 8ectiom 609 Variances 1. The Commissioner of the Department of Health Services, in his discretion, upon written application, may grant a variance from a specific provision of this code, in a particular case, subject to appropriate conditions, where such variance is in harmony with the general purposes and intent of this code, after such variance application has been considered by a Department Review Board. 9 - 2. Requirements of this article shall not apply to: a, realty subdivisions which have previously been approved by the Department or the New York State Department of Health, and have been filed in the office of the Clerk of the County of Suffolk; b. developments or other construction projects which have previously been approved by the Department; c. developments or other construction projects, other than realty subdivisions, which have been approved by a town or village planning or zoning board of appeals prior to January 1, 1981, and which met the requirements of the Department in effect at that time; d. density requirements for one-family residences on parcels which appeared as separately assessed on the Suffolk County Tax Map as of January 1, 1981, which presently constitutes a buildable parcel under applicable municipal zoning ordinances and which met the Department requirements in effect on January 1, 1981. No automatic waiver of these requirements of this article shall be granted where five or more of such parcels are owned by a developer. Adopted 11/19/80 Amended 4/15/81 Amended 6/3/81 Amended 6/24/81 Amended 1/12/83 Amended 4/9/86 Amended 6/25/86 Amended 1/14/87 Amended 3/4/87 10 ti STAGE 1A ARCHAEOLOGICAL SURVEY OF THE COVE BEACH ESTATES AT EAST MARION TOWN OF SOUTHHOLD SUFFOLK COUNTY, NEW YORK OCT41988 SOUTHOLD TOWN BY PLANNING BOARD GEARY ZERN PREPARED FOR HAMPTON-MANOR ASSOCIATES, INC. P. 0, AaX ._;()A MANORVILLE, NEW YORK 11949 CULTURAL RESOURCE SURVEYS, INC P. O. BOX 614 VERPLANCK, NEW YORK 10596 914 737-1970 TABLE OF CONTENTS INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 GEOLOGY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PREHISTORY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 HISTORY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 CONCLUSIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 BIBLIOGRAPHY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 INTRODUCTION Cove Beach Estates is located on the North Fork of Long Island in the Town of Southold, Suffolk County, New York. It is in the hamlet of East Marion. The Hamlet of Orient, the last community on the North Fork, is located to gust east of the site. The area has a rich history going back to the late 1630s. The prehistory of the area is known mostly from private collections which indicate occupation as early as 11, 000 Years Before Present (BP) . Recently, a Paleo-Indian point 10, 000 to 11 , 000 years old was found in a survey in Riverhead (Torano, Personnal Communication) . GEOLOGY The North Fork of Long Island is part of a glacial moraine and outwash complex formed during the late Pleistocene. As the continental glaciers melted, sand and gravel deposits formed in front of the moraines. In some areas loess deposits are reported (Torano, Personnel Communication) . The Cove Beach Estates property is typical morainal/outwash topography. Along the Long Island shore south, the land is rolling with numerous, small dry basins. Further to the south, the land becomes flat, sloping in that direction. Along the shore, the beach is composed of gravel from 2 to 10 centimeters in diameter. This beach is formed into a series of gravel ridges stepping up from the water to about 5 meters above sea level. The sound face of the beach is steep, about a 45% slope, and there is sand at the water line. Logs and other storm debris litters the top of the gravel ridge which is from 5 to 12 m wide. On the south side of this beach ridge is a depression between it and the morainal deposits. The property is bordered on the east by Dam Pond which appears to be dammed naturally on the north side by the gravel beach. The maps included in the report are consistent with observations in the field indicating that the south end of the pond was naturally dammed by a sand bar. Whether or not the pond had an inlet on the south side in prehistoric times as it does now is difficult to tell but this does seem likely. To the southwest of the property is Marion Lake, a natural pond. This pond probably formed in a kettle hole left by the retreating glaciar. In Orient Harbor, to the east of the property, is a depression which may have been a lake during prehistoric times. This area was probably not flooded by salt water until roughly 5, 000 BP. PREHISTORY The prehistory of eastern Long Island is poorly understood. Few excavations have been undertaken in the East Marion area. Most knowledge is from local collections, most of which have not been examined by archaeologists (Barcel, Personnel Communication) . Although the Southold Museum reports having collections from East Marion they have not been catalogued at this time and cannot be characterized as to period or cultrure. Two collections are deposited at the museum. The George Morton Collection apparently comes from the area around Marion Lake. Contained in twelve large boxes, it has not yet been catologed and discribed by the Curator, Ellen Barcel . The George Penny Collection is from the area but has no documentation. It has not been catologed at this time. The Morton collection seems to indicate that habitation was concetrated around the lake, which would have provided a ready access to potable water as well as other freshwater resorces. HISTORY The Rev. Epheron Whittaker, in his 1881 History of Southold, reports that the Purchase of Southhold was made of the Indians here as early as August of 1640 and the Rev, John Youngs and his companions came about that time. The exact date of the purchase and first original European settlement is unsure. Griffin (1857) and Munsell (1882) report generally the same events but speculate as to an early date. Since the original documents were apparently lost, the date is likely to remain uncertain. The early settlement of the area is poorly documented. Munsell reports that Orient is the most fertile part of the town, which would explain the early settlement in that area. The earliest map of the area found is a coastal survey dating to 1838 (See Fig. 2) . It shows East Marion, then East Rocky Point, with settlement along the road and no houses in the Cove Beach property. The building located at the outlet of Dam Pond, then Mill Pond, is probably the mill located. A Coast and Geodetic Survey map drawn almost 50 years later (see Fig. 3> , shows a village very little changed. A few more houses appear along the road, but woods and fields still occupy most of tie area to the north of the village. By 1909, Belchertly Atlas of Suffolk County (on file, Suffolk County Offices) shows the St. Thomas Childrens Home located north of the village, along the shore. During the walkover of the property, no foundations corresponding to this institution were found and it seems likely that they were located to the west of the property. During the early 20th century, the site apparently had some structures on it. Although no structures are shown on the 1928 map (see Fig. 4) , a road is indicated and the names F. Corinth and Burkin appear on the map. No building locations are shown, A 1943 U. S. G. S. quadrangle map revised in 1947 (Fig. 5) shows three buildings at the end of the road which enters the property. The 1957 quadrangle shows no structures on the property although the road is shown. CONCLUSIONS All indications from the literature search are that the Cove Beach Estates property was not the location of human habitation during prehistoric or historic times, with the possible exception of the early to mid- 20th century. This late occupation was probably limited to summer cottages since no foundations were observed during walkovers of the site. Historic era uses seem to be limited to farm fields and woodlots. The lack of potable water on the site and the presence of sites in the area around Marion Lake indicates that prehistoric occupations were probably limited to that area. Although the property would certainly have been used for hunting and gathering activities, any indications of this activity would be limited to scattered small specialized sites which produce small quanities of cultural material. This kind of site tends to be difficult to find in field survey due to its small size. In addition, this type of site, if it did exist on the property, would probably not be of National Register significance. In conclusion, it should be emphesized that all indications are that uses of the property in both historic and prehistoric times has probably been limited to nonhabitational activities and that any 20th century uses would not be of significance. No further work is recommended based on the information obtained from this literature search. 3 BIBLIOGRAPHY Anon. 1929 Atlas of Suffolk County, New York. Dolph and Stewart, New York Barcel, E. Personnal Communication. Griffin, Augustus 1857 Griffith' s Journal, Augustus Griffith, Pub. Southold, New York Tarano, F, Personnal Communication, Whitaker, Rev. E. 1881 History of Southold. No publisher, Southold, New York. Maps United States Coast And Geodetic Survey 1838 Coastal Map of Long Island. 1883 Coastal Map of Long Island. United States Geological Survey 1947 Orient Quarangle, 1957 Orient Quadrangle. 4 J6 39 .60 a . 34 - . 36 34 21 a4 Sa 37 40 34 / % 6a � 60 ' Is x z1 gP " '1a •76 _ 9 40 48 6023 • n Tient ,yz Terry. 51 \ 46 A6 z- hoaI zT v ?4 - r —.r:// :r r r� _•-'.....,.Q:. Ar TO 60 R6 30 25 29 22 a I 48 69 52 u // M� ,. > '�J "I •, b a x kenlral Q 46 Roc yF.y° 30 tt D^d , ORIENT \ W. i . — .._. m \ 5 HARBOR IV fir ! a �' •� ? zo z . a STY%ni 16",et6,)►:':\ a GA RD NERS 19 BAY ov i. .'3 .Es is /o 2450000 FEET (N.Y.) ITu' • Y0' 72,E 1js - i(OREENPORT) , ' OREENPORT(TOWN HALL)2.4 Mr. OW 17'30" Ind published by the Geological Survey RIVERHEAD 24 MI. 6545 on NE il photographs by photogrammetrie methods SCALE 1:24000 o � ! MILE :an 1954. Field check 1956 MN 1000 0 1000 2000 3000 4000 5= 6000 7000 FEET GN 1 from USC&GS charts 363 (1956) 1 s 0 1 KILOMETER 13• 1927 North American datum x31 MILS ed on New York coordinate system, •— - _ 31 MILS - _ CONTOUR INTERVAL 10 FEET Connecticut coordinate system DOTTED LINES REPRESENT 5-FOOT CONTOURS .I Transverse Mercator grid ticks, FIG. 1 . ORIENT QUADRANGLE, 1957. NATIONAL GEODETIC VERTICAL DATUM OF 1929 Ie ' DEPTH CURVES AND -SOUNDINGS IN FEET—DATUM IS MEAN LOW WATER 1� .;/ '� Iti�� j itI I `� ���1 >, , �•, ;'Yr ..-, %. •,1. �1 _ ,,� III { I / . � .� � r i , .,I SII// rl, � r „ I ! ts \til Iz 101 61 41 •I ' :^ _- r-"" �';•• ,(,r"` `\ ,•:'.�j/-1 /t/��_�• r /moi/ice � , (i•C, 11 •': `fir" • f< .: r .M S/';',�//`/�� t • y " " r:' rte.c,r. tir'r' �• u S �`. ".' ., per-, t,• '. _ :._ ` _ • iN I �... �.Po 40 FIG. 2. COAST AND GEODETIC SURVEY MAP, 1838. SITE IS -CIRCLED. M .may.• p I f- .' � „ . Ir>4d.. .v ti''.! T �7N .Rp.Y'p •� s '. J 1 �. �y'�•1 : r�+.,�, `,yq `4j a�,,,ve��{''••yy 1. n,.�'+.s�s,. .�a:>:'i`.v I \r��l� "� ;^� i w,,�qQ��•�'�y ,ly'97 �;J�•^= `;� i'row�,-. Y7 `� 1 INS q vt 440 r ..., L-- 0 , ;-I - I i 1J r I jl I ,I r 1 :t I,.+ • ff FIG. 3 . . COAST AND GEODETIC SURVEY MAP;- 1883 , rare.+. y lircoyd C b F x o p N 1 Ofil T E.Edrv� et Ce .ARI N '� ✓.Q✓envy asq. r tr Al �lJeu9/dts ;,, S: EA y� P..Bayaw — �ES' PT PETEFkS NECK 1 SEE PAGE30 ? >• rrt:a• ►JG, 1b cam LONG BEACH P __--------_- _ FIG. 4. FROM ATLAS OF SUFFOLK COUNTY, 1929;., . �'� N.D ORIENT Irra r. _ , Eagle n a r DDM uM ?t •1° \ '••• ,,c�•� __M_� LOO; �-aa a r"I It al, —•Y'Y Ea .Ma n • •••• ORIENT HARBOR � ••_ � . -� Brownc 1 (I �` PM4K Nsdc Pt laic � 21'00 A 1800 i 20'00"neuYe r.,Y, I9�• ' ' 1 T00' t 1 SCALE 1:24,000 1 2 0 1 Mils LED Servile(AM).War Department. 1000 300 0 1000 2000 Meters; IerCatpr Grid added,1947. COpied o 1000 300 0 1000 1mpred by the Army Map Serme by 2000 Yards USCSGS,USGS.U.S.Entinssr 1942. Map told Cheered 1942. CONTOUR INTERVAL 20 FEET ' DATUM IS MEAN SEA LEVEL TRANSVERSE MERCATOR PROJECTION 1927 NORTN AMERICAN DATUM ce.traded.dry NMskb Md _---_ .. FIG`j;.•.-'DRTENT QUADRANGLE, 1947 .' - street CarWM in aNM— >: tY: n - rMY ONSTRULTION ABANDONED w ODYN back StatM bad DseaM bad — �, — •Yns ^ CtYCINt ••••.•• tt lttit W Ml YILf ti tiltiti .• w w w L arMe y.........maMc�'� K' IYMIIIIItMAI bd, w LDSY , a IIIIHMNMM AIMaM— .. K 0y REPRINTED FROM MILITARY EDITION FOR CML USE 1910 ra. Rapih;iaW SOLD AND DISTRIBUTED BY U.S. GEOLOGICAL SURVEY,WASHINGTON 25, D.C. """%Art 014.DECLINATION p47' MR MT[N of C A LaQ[raMNM NRC a — � YD aMYYAl1LMAGNETIC MYa( Same,Name RMU Mask O MY IW@ Ns WMd.rMr s x Yannude slwreBne_ H2M CORP,/ Environmental Engineers & Scientists _ HOLZMACHER,McLENDON &MURRELL 500 BROAD HOLLOW ROAD, MELVILLE, NEW YORK 11746 (516) MY 4.3043 _SOURCES a WATER SUPPLY&TREATMENT a SEWERAGE &TREATMENT a AQUATIC& MARINE ECOLOI STUDIES a PILOT PLANT STUDIES • WATER/WASTE WATER LABORATORY AND ANALYTICAL SERVICES DAME AND ADDRESS DATES: COLLECTED RECEIVED`, .Y GOLDMAN 07/03/79 07/05/79 PREMISES OF SAMPLING POINT -- ROUTE 58 Whitcom Investment Co., 'RHEAD NY 11901 off Alain Rd., E Marion - POINT OF COLLECTION: TION W� OTHER (SPECIFY) - ROUTINE RE-SAMPLE SPECIAL CO R REC.CODE DATE WELL X - - ONLY [:] RAW(1) ❑TREATED(2) OTHER(3) I -T RESULT TEST RESULT TEST P 1a _ ,d_ Nitrates(mg/i N) 6 8 Phenol Alkalinity (Mg"CaCO3) DOMrm Bacteria Chemical Oxygen - _ � Demand lmg/11 Total Phosphate(mg/I P) I :units) Chlorides(mg/i) 2 4 0 Ortho - I - - Phosphate(mg/I P) fly(units) Total MISCELLANEOUS _ Hardness(mg/i as CaCO3) Teat Code Cold Total - Alkalinity (mg/I as CaCO3) Copper(mg/1) 0 1 I lot PH 7 6 Sulfate mg/I0 5.I mg/I SO4) -on Img/11 0 0 7 Total Acidity _ Solids Ong/0 (mp/I C00031 0 8 I :aa(nwl) 0 0 3 SPecific ( r - Cond. (µmhos) Sodium mg/1) 1 I 0 I '21mp/11 aph—Titration Detergents(mg/I as MBAs) < 0 0 4 Magnesium Img/II (mg/II Dissolved Oxygen lmg/ll I is(mg/I NI Hexavelent _J- - _ Chromium(mgp Cr+a 1 is(mg/I N) Calcium I. - - Hardness ImgA as CoCO3) (mg/1 N) Temp. (Field)OF j - -,- � - � Casola Well Drillers 'ACTORY: RESULTS REPORTED MEET N.Y.S. + U.S. DRINKING WATER TITLE LABORATORY DIRECTOR DAT REPC S. NOON MAJOR SUBDIVISION ~ SOUTHOLD TOWN PLANNING BOARD • . APPROVAL OF SUBDIVISION OF LAND Planning Board File No. 1. Name of Owner(s) rl W b�C� l e c5e Address % es ros 855 Sunrise 4q Lo Lj- j brook 05632. Name of Subdivider qfi� ' Cha Ies I'na+ ews Address PO Bx>K ',�o0, khjn-hn94-on 3. Name of Subdivision "Cpm �PllGo-1 Location fcm+ Ho-ylc r Number of Acres q 3 ST Number of Plots 4. Preliminary Layout and Data Received Filing Fee Inspection Fee Hearing Approved Approved with conditions Recommended Corrections Additional Requirements Needed 5. Final Subdivision Plat, forms, and data submitted 6. Report of Superintendent Of Highways Received 7. Report of Suffolk County Planning Commission 8. Approval from Suffolk County Department of Health Services 9. Public Hearing (affidavits received) 10. Approved- Disapproved Approved with conditions 11. Bond in the amount of 12. Covenants and Restrictions Recorded 13. Map endorsed by Chairman 14. Map filed with the County Clerk Other Comments ������ - �c� �.� Feo b c.� hGL� rec���d ��h�-�•�.Q /3o/8-7 L74 Ca�ro� cm� YOUNG 0& YOUNG 400 OSTRANDER AVENUE RIVERHEAD, NEW YORK rrgor 6I67E7-2303 AMEN W.YOUNG HOWARD W.YOUNG Psofwsior aL Engin 9F Cand &xftym E4nd &swym September 5, 1987 Town of Southold Planning Board Southold, New York 11971 ATTN: Melissa Dear Melissa, Enclosed herewith please find two (2) prints of the Subdivision Sketch Plan prepared for HAROLD R. REESE (85-888) , at East Marion, Town of Southold, New York, as per your request. Very truly yours, '"w d A) 7 Howard W. Young U HW�'DSjp Encl . RECEIVED BY SODTHOID TOWN PLANNING BOARD H 1987 --- DATE Q�oS�FFo��o/3�� HENRY P. SMITH, President < JOHN M. BREDEMEYER, Vice-Pres. Pl f-EIVED BY TELEPHONE PHILLIP J. GOUBEAUD 110, ' ��iV�Q'V F�E'+�mr�'�fiU HAT,(516) 765-1692 ALBERT ELLEN MKLARSEN JR � .� l�t ���� 2 U 1987 DATE BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 19, 1987 Mr. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Harold Reese - Subdivision - East Marion, New York Dear Mr. Orlowski: Please be advised that Trustee John Bredemeyer has reinspected the above referenced site and reported that the area has revegetated itself with young Baccharis, Privet Hedge and Orach spp, which are flourishing on the site. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Trustees file i ' UC.t`IVtu "y COUNTY OF SUFFOLK SmIHOLD 1OYI1r rVihONG BOARD s, UG DATE Michael A. LcG=de SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D..M.P.H. COMMISSIONER August 7 , 1987 Dr . Frank Panek NYSDE:C Bldg . #40 SUNY at Stony Brook Stony Brook , New York 11794 R E : ( S . C . T. M . # 1000-22-3- 18 . 3 , 15 . 1 ) Dear Frank , The Suffolk County Department of Health Services has been reviewing an application for a subJivision in S ,uthold referred to as "Harold Reese . " We recently learned that DEC is evaluating portions of the subject property for possible additions of freshwater wetlands of unusual local importance to the regulatory maps . Enclosed is a copy of our June 1 , 1987 correspondence to the Town of Southold regarding the application . I thought you might find the results of our field inspections and review helpful to your arrival ai mapping decisions For' this property. Please note the existence of chokecherry (Prunus virginidna ) on the cite mry require further verification . Sincerely, Louise W. Harrison Supervisor , Bureau of Environmental Management LWH/amf Cc : Sennett Orlowski , Town of Southold l/ COUNTY CENTER RIVERHEAO.N.Y i 1901 S�FF�LK P I;A D T LD S Y Southold, N.Y. 11971 (516) 765-1938 July 16, 1987 Mr4 Charles T.-Matthews Corwin and Matthews Coun elors at Law P.O. Box 800 Huntingdon, NY 11743 Re: Harold Reese Map of Cove Beach SCTM # 1000-22-3-19. 3 and 15. 1 Dear Mr. Matthews: The following action was taken by the Southold Town Planning Board, Monday, July 6, 1987. WHEREAS, Harold R. Reese, has applied tot he Southold Town Planning Board for a realty subdivision for 40 lots on 96 acres at Main Road, East Marion, tax map no. 1000-22-3-19. 3 and 15. 1, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That pursuant to- the provision of Article 8 of the Environmental Conservation Law, ; Part 617 of Title 6 of the New York State Codes, Rules and Regulations, and Chpater 44 of the Southold Town Code, the Southold Town Planning Board, as lead agency, does hereby determine that the action propoed is Type I and is likely to have a significant effect on the environment. 2. That the Planning Board shall file and circulate such determination as required by the aforementioned law, rules, and code. 3. That the Planning Board immediately notify the applicant, Harold R. Reese, of this determination, and further request said applicant to prepare a Draft Environmental Impact Statement in accordance with the scope and contents required by the Planning Board and Planning Consultant, David Emilita, all in accordance with said law, rules and code. CORWIN & MATTHEWS COUNSELORS AT LAW P.O. BOX 800 71 NEW STREET HUNTINGTON LONG ISLAND. N. Y. 11743 (516) 421-2400 June 12, 1987 FRED J. MUNDER COUNSEL HILARY CORWIN 19751982 19161963 ROBERT L. CORWIN CHARLES T. MATTHEWS Ms. Diane M. Schultze, Secretary Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Town of Southold Southold, New York 11971 Re: Harold Reese Mao of Cove Beach Dear Ms. Schultze: In response to your letter of June 10th, I would like to receive copies of any whatever comments under SEQRA and we will payhateve Ve u y s, Charles T. Mat CTM/os Mr. Charles T. Matthews Page 2 7/16/87 ----------------------------------------------------- 4. In accordance with Chapter 44, Section 20, the applicant is required to defray the cost of reviewing the Draft Environmental Impact Statement, which includes the scoping session. The Planning Board determines that a deposit of $2, 000 should be paid to the Town prior to the date of the scoping session. 5. A scoping session will be set with the Planning Consultant at a date and time that is convenient for you and you will be contacted with regard to same. If you have any questions, please don' t hesitate to contact our office. Very truly yours, Q/�-�) 4--� 1 BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. PS�FFo(,� AM D AIC T LD S Y Southold, N.Y. 11971 (516) 765-1938 July 6, 1987 NOTICE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to the provision of Article 8 of the Environmental Conservation Law, Part 617 of Title 6 of the New York State Codes, the Southold Town Planning Board, as lead agency, does hereby determine that the action described below is a Type I and is likely to have a significant effect on the environment. DESCRIPTION OF ACTION This porposal is for a realty subdivision of 40 lots on 96 acres located at Main Road, East Marion, Suffolk County Tai; Map No. 1000-22-3-19. 3 and 15. 1; applicant is Harold R. Reese. REASONS SUPPORTING THIS DETERMINATION: 1. The Office of the Ecology, a Division of the Suffolk County Department of Health Services, as an involved agency recommends a positive declartion pursuant to SEQRA. 2. The site contains more than 12 acres of pristine intertidal marsh adjacent to Dam Pond. 3. The site contains three species of birds which are listed by the NY State;:Department of Environmental Conservation as endangered, threatened or of special concern. Each of these species is esclusively piscivorous and clearly benefits from the finfish production associated with the existing marsh. 4. Lots #1 through 4 contain steep bluffs facing Long Island Sound. Undisturbed, the vegetated bluffs represent a valuable natural feature because they provide nonstructural shoreline stabilization benefits to theproperty. 5. There is concern with inclusion of low-lying beach areas within the designated property boundaries of Lots #1 through 13 . These areas are highly dynamic and subject to coastal erosion hazards as a result of natural and manmade forces. Such erosion can result in extensive damage to r • FILL uur f Pg�fFO(,� D T LD S Y Southold, N.Y. 11971 (516) 765-1938 JUL 81°$7 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of fgiior subdivision, minor subdivision, site plan) Hamlet 'Fa-,t- Mqf icxJ MATERIAL SUBMITTED: File # Suffolk County Tax Map No. �2, — Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other Comments: Very truly yours, ENNETT ORLOWSKI, JR. ,CHAIRMAN SOUTHOLD TOWN PLANNING BOARD 5. cont. property and natural resources. Inclusion of such areas within delineted property boundaries often encourages structural development, which may needlessly compound natural resource impacts and property loss dueto coastal erosion. 6 . The subject parcel is one of Southold' s largest undeveloped properties adjacent to Long Island Sound. It contains a substantial number of sensitive natural features, including: approximately 2, 000: 1inear feet of shoreline, bluffs, tidal wetlands, freshwater ponds and highly irregular topographic relief. 7. The subdivision design does not propose sufficient protection of the sensitive natural features on site. A detailed analysis of the property and its natural features is necessry to achieve a design which best mitigates potential impacts to the site ' s extensive natural resources. 8. There is concern with regard to maximum protection of tidal wetlands and freshwater ponds; and retention of contiguous open space and ecological diversity. 9. There is the possibility of an archaeologic impact which is of concern and should be addressed. 10. The Town of Southold Trustees are concerned with the vehicluar access to the property since as proposed it is within their jurisdiction. They request that the road be moved so as to be outside of the land under the Trustees jurisdiction. 11. The Town of Southold Trustees are concerned with access to the pond and recommend a foot path for limited access to the pond by pedestrians only. Further information may be obtained by contacting Diane M. Schultze, Secretary, Southold Town Planning Bord, Town Hall, Main Road, Southold Copies mailed to: Southold Town Trustees NYS Department of Environmental Conservation Henry Williams, DEC CONNissioner Suffolk County Department of Health Services Suffolk County Office of the Ecology Suffolk County Planning Commission Francis J. Yakaboski, Town Attorney Charles T. Matthews, Attorney for applicant CORWIN & MATTHEWS COUNSELORS AT LAW P.O. BOX SOC, 71 NEW STREET HUNTINGTON LONG ISLAND, N. Y. 11743 (516) 421-2400 June 26, 1987 HILARY CORWIN FRED J. MUNDER 1916-1963 COUNSEL ROBERT L COF'WIN 1975-1982 CHARLES T. MATTHEWS Ms. Diane M. Schultze, Secretary Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Town of Southold Southold, New York 11971 Re: Harold Reese Map of Cove Beach Dear Ms. Schultze: Please find enclosed check for $1. 75 you requested. Vetr y s, CTM/os Charles T. hews enc. RECEIVED BY jD.�R l 2 9�IfOARD 11� DATE P g�FFO(k D T LD S � • � Y Southold, N.Y. 11971 (516) 765-1938 June 24 , 1987 Mr. Charles T. Matthews Attorney at Law P.O. Box 800 Huntington, NY 11743 RE: Harold Reese Map of Cove Beach Dear Mr. Matthews: As per your request, enclosed are copies of correspondence submitted to the Planning Board under SEQRA for the above mentioned proposal. Would you please forward $1. 75 ( . 25 per copy) at your earliest convenience. A check may be made payable to the Southold Town Clerk. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHHrOLD'' II TOWN PLANNING BOARD B�Diane M.. S�, Secretary enc. T SO SLD S51 Southold, N.Y. 11971 (516) 765-1938 June 10, 1987 Mr. Charles T. Matthews Corwin and Matthews Counselors at Law P.O. Box 800 Huntington, NY 11743 Re: Harold Reese Map of Cove Beach Dear Mr. Matthews: The following action was taken by the Southold Town Planning Board, Monday, June 1, 1987. RESOLVED that the Southold Town Planning Board grant a 30-day extension to receive comments under the State Environmental Quality Review Act for the major subdivision proposal of Harold Reese to be known as "Cove Beach" located at East Marion. Comment period to be extended to June 21, 1987 to provide time for a response under SEQRA from all involved parties. If you would like to receive a copy of the comments as they are submitted, please advise and we will prepare and forward with appropriate bill. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Department Of Environmental Conservation �^ OCOUNTY OF SUFFOLK w RECEIVED B) ECEEIVEDBB) 4�yL CD7/ifr.+.. �U � i� DATE Michael A. LDGrande SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.,M.P.H. COMMISSIONER June 1 , 1987 Bennett Orlowski , Chairman Southold Town Planning Board Southold Town Hall Main Street Southold, NY 11971 RE: Subdivision Application of Harold Reese SCTM# 1000-22-3-18.3 and 15.1 Dear Mr. Orlowski : The Suffolk County Department of Health Services (SCDHS) has received your letter of April 21 , 1987, regarding the above-referenced application and has no objection to your designation as lead agency. We have reviewed the information provided with your letter. As an involved agency, we recommend a positive declaration be made pursuant to the State Environmental Quality Act (SEQRA) for the subdivision plan as it is now proposed. A discussion of our concerns follows. I . Sanitary Code An application for realty subdivision approval was filed with SCDHS in 1979 under the subdivision name of Cove Beach. The applicant never received final subdivision approval from our agency and the application file became inactive. On October 1 , 1986, we received a new application for subdivision approval for the property and activated the existing file. We have received and evaluated "Preliminary Submission" information from the applicant. We are now awaiting additional information from the applicant including test hole/test well data and details; sewage disposal locations and details for a typical lot; a wetlands permit or jurisdictional letter from the New York State Department of Environmental Conservation (NYSDEC) ; and a SEQRA determination from the Town. COUNTY CENTER - RNERHEAD.N Y 11901 Letter to Bennett Orlowski June 1 , 1987 Page 2 Our agency cannot further evaluate the sanitary disposal and water supply system requirements for the proposed action until the applicant provides the necessary information. SCDHS maintains jurisdiction over the final location of sanitary disposal and water supply systems. Therefore, the applicant should not undertake the construction of any such system without Health Department construction approval . II. Natural Resources Suffolk County Office of Ecology staff visited the subject site on May 5 and May 18, 1987. We submit the following comments and recommendations. A. Tidal Wetlands 1 . The site contains more than 12 acres of pristine intertidal marsh (dominated by Spartinaap tens and Spartina alterniflora) adjacent to Dam Pond. This area provides excellent wildlife habitat for aquatic as well as terrestrial species. Twelve species of birds were observed during a one-hour field inspection of this area. Three of the species observed using the adjacent open water areas currently are listed by the NYSDEC as endangered, threatened or special concern species throughout the State [least tern (Sterna dou allii ), endangered; common tern (Sterna hirundo) , threatened; and common loon Gavia immer) , special concern]. Each of these species is exclusively piscivorous and clearly benefits from the finfish production associated with the existing marsh. The adjacent upland provides a valuable transitional zone (ecotone) between the wetland community and the mature oak forest to the west. The ecotone provides valuable cover as well as nesting area for certain upland species, which, though not exclusively dependent on the wetland system, benefit from its biological productivity. Species observed in this area which may benefit from the presence of the wetland include warblers (Family Emberizdae) , vireos (Family Vireonidae) and wrens (Family Troglodytidae) . The site' s interspersion of relatively undisturbed and connected natural habitats provides a high richness in plant and animal species. An open space plan for this property should seek to maintain and protect this valuable ecological relationship. Open space fragmentation detracts from the existing biological diversity and productivity, reduces the viability of area-sensitive species, and subjects resident wildlife to detrimental competitive exclusion by aggressive "residential" and domestic species [pets, starlings (Sturnus vul iris) , house sparrows (Passer domesticus)]. 2. The Dam Pond tidal wetlands and adjacent areas on the subject property are regulated by the NYSDEC. All tidal wetland boundaries should be delineated or approved by the NYSDEC's Division of Marine Resources and indicated as such on the property survey. Land subdivision is a State-regulated activity (as per NYSECL, Article 25) in tidal areas. Therefore, the project sponsor should make a formal application to the NYSDEC. Letter to Bennett Orlowski June 1 , 1987 Page 3 3. We recommend the full protection of the site' s tidal wetlands and regulated adjacent upland area. We encourage maximum wetland setbacks be imposed on all clearing, construction, and filling activities associated with site development. B. Freshwater Ponds / 1 . A total of six small freshwater ponds were identified during a field J inspection of the site. Five of the ponds are located in the abandoned sand mine excavation along the property's western boundaries. The sand pit ponds provide important food and drinking water sources for wildlife in the area. In addition, the densely vegetated pond edges [dominated by bayberry (Myrica pensylvanica) , blueberry (Vaccinium spp. ) , and chokecherry (Prunus virginiana supply valuable food and cover for a variety of wildlife species. These ponds should be maintained in their existing state, and we support their proposed dedication as open space. Because the ponds are relatively small , their value could be substantially reduced as a result of erosion or sedimentation impacts associated with the proposed adjacent recharge basin. All efforts should be taken to determine the flow and sediment impacts related to operation of the proposed basins, for the purpose of determining and mitigating potential impacts to the ponds. 2. The other freshwater pond on the site is located immediately south of Lot #34, at an elevation of 0.5 feet. The pond is approximately 50' x 70' and is surrounded by a mature oak forest. Although the pond is small , it provides water and food for upland wildlife. We recommend full protection of this pond and object to the proposed road design. This design offers no buffer between the road' s edge and the pond boundary. It will require filling immediately adjacent to the water body. The deposition of fill , coupled with road runoff, may result in sedimenta- tion and pollution impacts to the small pond and reduce its value to wildlife and as a natural feature. The road should be redesigned to leave the existing buffer of trees in place. This action would reduce the impacts of pollution as well as those of human activity associated with site development. The pond also may be subject to impacts from runoff associated with the drainage easement located south of Lot #34. Should lot drainage and stormwater runoff be directed to this easement, the natural direction of flow will be immediately to the pond, where it could reduce water quality. We recommend that this drainage easement be eliminated and be added as an additional open space and water quality buffer for the pond. C. Bluffs 1 . Lots #1 through #4 contain steep bluffs facing Long Island Sound. Undisturbed, the vegetated bluffs represent a valuable natural feature because they provide nonstructural shoreline stabilization benefits to the property. Clearing of vegetation and any construction on the bluffs can result in soil • • Letter to Bennett Orlowski June 1 , 1987 Page 4 destabilization and aggravate erosion. To reduce development-related erosion on the bluffs, we recommend that the bluffs be delineated on the site plan and preserved in their natural state as dedicated open space. Furthermore, we ) support the proposed bluff setbacks of 100 feet and encourage the imposition of clearing restrictions within the designated setback area. D. Waterfront Lots and Beach Access 1 . We object to the inclusion of low-lying beach areas within the designated property boundaries of Lots #1 through #13. These areas are highly dynamic and subject to coastal erosion hazards as a result of natural and manmade forces. Such erosion can result in extensive damage to property and natural resources. Inclusion of such areas within delineated property bound- aries often encourages structural development, which may needlessly compound natural resource impacts and property loss due to coastal erosion. We recommend that the existing boundaries for Lots #1 through #13 be redesigned to exclude areas that are seaward of the 10-foot contour line and that such areas be maintained in their natural state as dedicated open space. The town also should consider the value of securing public access to this area in its review of this project. 2. To reduce potential runoff from impervious surfaces and related erosion impacts, the proposed building envelopes should be reduced greatly and situated at least as high as the 10-foot contour line. 3. Resident access points to the beach area should be consolidated, especially in the vicinity of the vegetated bluffs. The subdivision plan should provide designated pedestrian access easements to be located along areas of minimal topographic relief. Any structural designs for such areas (boardwalks, stairs, etc. ) should be submitted by the applicant. E. Drainage and Slopes 1 . Much of the site is characterized by highly irregular topographic relief. To evaluate the storage capability and infiltration potential of the proposed recharge areas, the applicant should depict each basin and its contributing drainage area. Runoff potential from each drainage area should be determined and calculations submitted for review. 2. The applicant should provide detailed road profiles, drainage designs and calculations for the subdivision road. Drainage designs should include appropriate plans for the installation of catch basins and leaching pools necessary to maintain all runoff on site. 3. The building envelope for Lot #19 encroaches on an area of steep slopes, adjacent to State-regulated tidal wetlands. Development on these slopes may aggravate erosion. The sedimentation resulting from such erosion can reduce the viability of the tidal wetlands and their productivity. We recommend, therefore, that the building envelope be reduced in size and located completely above the 12-foot contour elevation. In addition, the steep slopes should be • Letter to Bennett Orlowski June 1 , 1987 Page 5 maintained in their existing state and be protected from clearing, structural development and high maintenance landscaping through deed covenants or open space dedication. F. Open Space and Recreational Areas 1 . The subdivision design does not offer mitigation for development- related impacts to coastal erosion areas, freshwater wetlands, bluffs and natural habitats. 2. Alternative development designs should be prepared to achieve a design which best protects the numerous sensitive natural features on this property. 3. Conditions of open space dedication should provide for permanent, undisturbed natural areas. 4. The proposed park and recreation area should not encroach into the site' s regulated tidal wetlands. A substantial buffer between the Dam Pond tidal wetlands and the area of active recreation should be maintained. 5. The proposed access road and parking area should be constructed of a pervious material to minimize erosion and runoff impacts to tidal wetlands. 6. Any structures proposed for the active recreation area should be indicated on the subdivision map. Conclusions and Recommendations The subject parcel is one of Southold' s largest undeveloped properties adjacent to Long Island Sound. It contains a substantial number of sensitive natural features, including: approximately 2,000 linear feet of shoreline; bluffs; tidal wetlands; freshwater ponds and highly irregular topographic relief. The subdivision design does not propose sufficient protection of the sensitive natural features on site. A detailed analysis of the property and its natural features is necessary to achieve a design which best mitigates potential impacts to the site' s extensive natural resources. We recommend, therefore, that a positive declaration be made on the project as proposed, pursuant to ZSEQRA'r.`--.._.. As you continue your evaluation of this project, please address your attention to the following: 1 . NYSDEC-approved delineation of tidal wetland boundaries 2. Maximum protection of tidal wetlands and freshwater ponds 3. Elimination of lot boundaries that include shoreline erosion areas Y Letter to Bennett Orlowski June 1 , 1987 Page 6 4. Protection of steep slopes and vegetated bluffs 5. Detailed plans for all proposed beach access 6. Retention of contiguous open space and ecological diversity 7. Complete drainage and grading plans, including recharge basin and con- tributing drainage area detail Thank you for the opportunity to review this application. Should you have any questions or concerns, please feel free to contact the Office of Ecology at your convenience. Sincerely, Louise W. Harris n Supervisor, Bureau of Environmental Management Office of Ecology LWH/ta cc: Vito Minei Steve Costa Charles Hamilton, NYSDEC Jean Gilman, NYSDEC Thomas Hart, NYSDOS COUNTY OF SUFFOLK ' RECEIVED Bl ' g9ti1"`^s SOUT�i 144 PIAT ...D r DATE NLchael A. LoGrande SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D.. M.P.H. COMMISSIONER June 1 , 1987 Bennett Orlowski , Chairman Southold Town Planning Board Southold Town Hall Main Street Southold, NY 11971 RE: Subdivision A lication of Harold Reese SCTM 1000-22-3-18.3 and 15. Dear Mr. Orlowski : The Suffolk County Department of Health Services (SCDHS) has received your letter of April 21 , 1987, regarding the above-referenced application and has no objection to your designation as lead agency. We have reviewed the information provided with your letter. As an involved agency, we recommend a positive declaration be made pursuant to the State Environmental Quality Act (SEQRA) for the subdivision plan as it is now proposed. A discussion of our concerns follows. I . Sanitary Code An application for realty subdivision approval was filed with SCDHS in 1979 under the subdivision name of Cove Beach. The applicant never received final subdivision approval from our agency and the application file became inactive. On October 1 , 1986, we received a new application for subdivision approval for the property and activated the existing file. We have received and evaluated "Preliminary Submission" information from the applicant. We are now awaiting additional information from the applicant including test hole/test well data and details; sewage disposal locations and details for a typical lot; a wetlands permit or jurisdictional letter from the New York State Department of Environmental Conservation (NYSDEC) ; and a SEQRA determination from the Town. COUNTY CENTER RIVERNEAD.N.Y. 11901 Letter to Bennett Orlowski June 1 , 1987 Page 2 Our agency cannot further evaluate the sanitary disposal and water supply system requirements for the proposed action until the applicant provides the necessary information. SCDHS maintains jurisdiction over the final location of sanitary disposal and water supply systems. Therefore, the applicant should not undertake the construction of any such system without Health Department construction approval . II . Natural Resources Suffolk County Office of Ecology staff visited the subject site on May 5 and May 18, 1987. We submit the following comments and recommendations. A. Tidal Wetlands I . The site contains more than 12 acres of pristine intertidal marsh (dominated by Spartina patens and Spartina alterniflora) adjacent to Dam Pond. This area provides excellent wildlife habitat for aquatic as well as terrestrial species. Twelve species of birds were observed during a one-hour field inspection of this area. Three of the species observed using the adjacent open water areas currently are listed by the NYSDEC as endangered, threatened or special concern species throughout the State [least tern (Sterna dou allii ) , endangered; common tern (Sterna hirundo) , threatened; and common loon Gavia immer) , special concern]. Each of these species is exclusively piscivorous and clearly benefits from the finfish production associated with the existing marsh. The adjacent upland provides a valuable transitional zone (ecotone) between the wetland community and the mature oak forest to the west. The ecotone provides valuable cover as well as nesting area for certain upland species, which, though not exclusively dependent on the wetland system, benefit from its biological productivity. Species observed in this area which may benefit from the presence of the wetland include warblers (Family Emberizdae) , vireos (Family Vireonidae) and wrens (Family Troglodytidae) . The site' s interspersion of relatively undisturbed and connected natural habitats provides a high richness in plant and animal species. An open space plan for this property should seek to maintain and protect this valuable ecological relationship. Open space fragmentation detracts from the existing biological diversity and productivity, reduces the viability of area-sensitive species, and subjects resident wildlife to detrimental competitive exclusion by aggressive "residential" and domestic species [pets, starlings (Sturnus vulgaris) , house sparrows (Passer domesticus)]. 2. The Dam Pond tidal wetlands and adjacent areas on the subject property are regulated by the NYSDEC. All tidal wetland boundaries should be delineated or approved by the NYSDEC's Division of Marine Resources and indicated as such on the property survey. Land subdivision is a State-regulated activity (as per NYSECL, Article 25) in tidal areas. Therefore, the project sponsor should make a formal application to the NYSDEC. Letter to Bennett Orlowski June 1 , 1987 Page 3 3. We recommend the full protection of the site' s tidal wetlands and regulated adjacent upland area. We encourage maximum wetland setbacks be imposed on all clearing, construction, and filling activities associated with site development. B. Freshwater Ponds 1 . A total of six small freshwater ponds were identified during a field inspection of the site. Five of the ponds are located in the abandoned sand mine excavation along the property's western boundaries. The sand pit ponds provide important food and drinking water sources for wildlife in the area. In addition, the densely vegetated pond edges [dominated by bayberry (M rica pensylvanica) , blueberry (Vaccinium spp• ) , and chokecherry (Prunus virginiana supply valuable food and cover for a variety of wildlife species. These ponds should be maintained in their existing state, and we support their proposed dedication as open space. Because the ponds are relatively small , their value could be substantially reduced as a result of erosion or sedimentation impacts associated with the proposed adjacent recharge basin. All efforts should be taken to determine the flow and sediment impacts related to operation of the proposed basins, for the purpose of determining and mitigating potential impacts to the ponds. 'L. The other freshwater pond on the site is located immediately south of Lot #34, at an elevation of 0.5 feet. The pond is approximately 50' x 70' and is surrounded by a mature oak forest. Although the pond is small , it provides water and food for upland wildlife. We recommend full protection of this pond and object to the proposed road design. This design offers no buffer between the road' s edge and the pond boundary. It will require filling immediately adjacent to the water body. The deposition of fill , coupled with road runoff, may result in sedimenta- tion and pollution impacts to the small pond and reduce its value to wildlife and as a natural feature. The road should be redesigned to leave the existing buffer of trees in place. This action would reduce the impacts of pollution as well as those of human activity associated with site development. The pond also may be subject to impacts from runoff associated with the drainage easement located south of Lot #34. Should lot drainage and stormwater runoff be directed to this easement, the natural direction of flow will be immediately to the pond, where it could reduce water quality. We recommend that this drainage easement be eliminated and be added as an additional open space and water quality buffer for the pond. C. Bluffs 1 . Lots #1 through #4 contain steep bluffs facing Long Island Sound. Undisturbed, the vegetated bluffs represent a valuable natural feature because they provide nonstructural shoreline stabilization benefits to the property. Clearing of vegetation and any construction on the bluffs can result in soil Letter to Bennett Orlowski June 1 , 1987 Page 4 destabilization and aggravate erosion. To reduce development-related erosion on the bluffs, we recommend that the bluffs be delineated on the site plan and preserved in their natural state as dedicated open space. Furthermore, we support the proposed bluff setbacks of 100 feet and encourage the imposition of clearing restrictions within the designated setback area. D. Waterfront Lots and Beach Access 1 . We object to the inclusion of low-lying beach areas within the designated property boundaries of Lots #1 through #13. These areas are highly dynamic and subject to coastal erosion hazards as a result of natural and manmade forces. Such erosion can result in extensive damage to property and natural resources. Inclusion of such areas within delineated property bound- aries often encourages structural development, which may needlessly compound natural resource impacts and property loss due to coastal erosion. We recommend that the existing boundaries for Lots #1 through #13 be redesigned to exclude areas that are seaward of the 10-foot contour line and that such areas be maintained in their natural state as dedicated open space. The town also should consider the value of securing public access to this area in its review of this project. 2. To reduce potential runoff from impervious surfaces and related erosion impacts, the proposed building envelopes should be reduced greatly and situated at least as high as the 10-foot contour line. 3. Resident access points to the beach area should be consolidated, especially in the vicinity of the vegetated bluffs. The subdivision plan should provide designated pedestrian access easements to be located along areas of minimal topographic relief. Any structural designs for such areas (boardwalks, stairs, etc. ) should be submitted by the applicant. E. Drainage and Slopes 1 . Much of the site is characterized by highly irregular topographic relief. To evaluate the storage capability and infiltration potential of the proposed recharge areas, the applicant should depict each basin and its contributing drainage area. Runoff potential from each drainage area should be determined and calculations submitted for review. 2. The applicant should provide detailed road profiles, drainage designs and calculations for the subdivision road. Drainage designs should include appropriate plans for the installation of catch basins and leaching pools necessary to maintain all runoff on site. 3. The building envelope for Lot #19 encroaches on an area of steep slopes, adjacent to State-regulated tidal wetlands. Development on these slopes may aggravate erosion. The sedimentation resulting from such erosion can reduce the viability of the tidal wetlands and their productivity. We recommend, therefore, that the building envelope be reduced in size and located completely above the 12-foot contour elevation. In addition, the steep slopes should be Letter to Bennett Orlowski June 1 , 1987 Page .5 maintained in their existing state and be protected from clearing, structural development and high maintenance landscaping through deed covenants or open space dedication. F. Open Space and Recreational Areas 1 . The subdivision design does not offer mitigation for development- related impacts to coastal erosion areas, freshwater wetlands, bluffs and natural habitats. 2. Alternative development designs should be prepared to achieve a design which best protects the numerous sensitive natural features on this property. 3. Conditions of open space dedication should provide for permanent, undisturbed natural areas. 4. The proposed park and recreation area should not encroach into the site's regulated tidal wetlands. A substantial buffer between the Dam Pond tidal wetlands and the area of active recreation should be maintained. 5. The proposed access road and parking area should be constructed of a pervious material to minimize erosion and runoff impacts to tidal wetlands. 6. Any structures proposed for the active recreation area should be indicated on the subdivision map. Conclusions and Recommendations The subject parcel is one of Southold's largest undeveloped properties adjacent to Long Island Sound. It contains a substantial number of sensitive natural features, including: approximately 2,000 linear feet of shoreline; bluffs; tidal wetlands; freshwater ponds and highly irregular topographic relief. The subdivision design does not propose sufficient protection of the sensitive natural features on site. A detailed analysis of the property and its natural features is necessary to achieve a design which best mitigates potential impacts to the site's extensive natural resources. We recommend, therefore, that a positive declaration be made on the project as proposed, pursuant to SEQRAt-a--, As you continue your evaluation of this project, please address your attention to the following: 1 . NYSDEC-approved delineation of tidal wetland boundaries 2. Maximum protection of tidal wetlands and freshwater ponds 3. Elimination of lot boundaries that include shoreline erosion areas Letter to Bennett Orlowski June 1 , 1987 Page 6 4. Protection of steep slopes and vegetated bluffs 5. Detailed plans for all proposed beach access 6. Retention of contiguous open space and ecological diversity 7. Complete drainage and grading plans, including recharge basin and con- tributing drainage area detail Thank you for the opportunity to review this application. Should you have any questions or concerns, please feel free to contact the Office of Ecology at your convenience. Sincerely, M Louise W. Harris n Supervisor, Bureau of Environmental Management Office of Ecology LWH/ta cc: Vito Minei Steve Costa Charles Hamilton, NYSDEC Jean Gilman, NYSDEC Thomas Hart, NYSDOS Part 2—PROAT IMPACTS AND THEIR MAG ' DE Responsibility of Lead Agency p�C .d \ oQo •General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations be �Jc reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific 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 19 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. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1 . Will the proposed action result in a physical change to the project site? ONO RHES Examples that would apply to column 2 _ • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ 9-Yes ❑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 ❑ R— Ryes ❑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 ❑ ❑ ❑Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ 9- - [;[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. ❑ E9-- ETTes ❑No • Other impacts ❑ ❑ Dyes ❑No 2. Will there be an effect h _.,.y un,que or unusual land forms found on the site?(i.e., cliffs, duWeojogical formations, etc.)❑NO 5;�YES • Specific land forms: ( 5 ❑ R' des ❑No 6 ': VY 3 a�• a IMPACT ON WATER Small to Potential Can Impact Be II proposed action affect any water body designated as protected? Moderate Large Mitigated By 11 • ,Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) Impact Impact Project Change Examples that would apply to column 2 ONO ❑ns • Developable area of site contains a protected water body. ❑ ❑ ❑Yes []No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ 11 Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ Dyes []No • Construction in a designated freshwater or tidal wetland. ❑ KiM ❑No • Other impacts: ❑ IWO- ❑Yes ❑No 4. Will proposed action affect any non-protected existing or new body of water? ONO RTES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ EJ Yes ❑No or more than a 10 acre increase or decrease. • Construction of a g/ody of water that exceeds 10 acre of surfer area. ❑ ❑ ❑Yes ENO • Other impacts: lQt1WLG/�4d1q dS Q1LV2StWIA St d.0 ❑ [.}Yes ENO 5 Will Proposed Action affect surface or groundwater quality or quantity? ONO Cs-ES Examples that would apply to column 2 • Proposed Action will require a discharge permit. SCJD149 ❑ [ff— [EYTes []No • Proposed Action requires use of a source of water that does not ❑ L-lYes []No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ ❑Yes []No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ ❑Yes ONO supply system. • Proposed lction will adverseh affect groundwater. []Yes ❑No • Liquid effluent will be convey.-0 off the site to facilities which presently ❑ ❑ El Yes ONO do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ONO day. • Proposed action will likely cz.us- siltation or other discharge into an ❑ ❑ ❑Yes ❑No existing body of water tc u e exte-,t that there will be an obvious visual contrast -o natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑Yes ENO products greater than 1,100 gallons. • 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:___ ❑ ❑ E7 Yes ❑No 6 Will proposed action alter drainage Cow or patterns, or surface s+ester runoff? -]NO RrES Exa 'pies urat would apply to column 2 • Pr(P1 std Action would change flood water flows. n les L-No 7 1Teg 3Small toImpactModerategated a,,Impactct Change • Proposed Action may cause substantial erosion.• Proposed Action is incompatible with existing drainage patterns. s ❑No • Proposed Action will allow development in a designated floodway. s ❑No • Other impacts: ❑No LINO IMPACT ON AIR 7. Will proposed action affect air quality? X10 OYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ hour. ❑ Dyes ❑No • Proposed Action will result in the incineration of more than 1 ton of ❑ refuse per hour. ❑ ❑Yes ONO • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ heat source producing more than 10 million BTU's per hour. ❑ F-1 Yes [:]No • Proposed action will allow an increase in the amount of land committed ❑ to industrial use. ❑ ❑Yes ONO • Proposed action will allow an increase in the density of industrial ❑ development within existing industrial areas. El ❑Yes ONO • Other impacts: ❑ ❑ El Yes ❑No IMPACTONPLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered species? ONO G4ArES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ list, using the site, over or near site or found on the site. K}1es []No • Removaof any portion of a critical or significant wildlife habitat. ❑ • Application of pesticide or herbicide more than twice a year, other o- QYes ❑No than for agricultural purposes. ❑ ❑ ❑Yes ONO • Other impacts: ❑ ❑ ❑Yes ❑No 9 Will Proposed Action substantially affect non-threatened or non-endangered species? Examples that would apply to column 2 ONO �1ES • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. ❑ O'r'es ❑No • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important ❑ Q— �4es ❑No vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural land resources? Examples that would apply to column 2 C�PoO DYES The • land proposed nocluudes cropland, hayfieldrs, pasture,, cross or lvineyardso charrdCetcimit acces to )ral ( i ❑ ❑ ❑Yes ❑No 8 r Nc) a o 1 2 3 �n �6 Small to Potential Can Impact Be 2 o Moderate Large Mitigated By `.ij Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes F-1 No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes []No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ El Yes []No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? BNO QYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ Eyes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ []Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ❑NO [i3YE5 Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ ❑Yes ❑No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ❑No archaeological site on the NYS Site In1ventory) t • Other impacts: �S5Ibie. Q•(;1 S uJl )kzdeii.J ❑ C3- 54' s []No ll IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ❑NO [i Y- S • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes ❑No • A mayor reduction of an open space important to the community. ✓_ El Dyes ❑No • Other impacts. ❑ ❑ ❑Yes ❑No 9 U • � 4�z IMPACT ON TRANSPORTATION 2' 3 Small to Potential Can Impact 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By Examples that would apply to column 2 GkvO DYES Impact Impact Project Change • Alteration of present patterns of movement of people and/or goods. ❑ ❑ Eyes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑No • Other impacts: El El 11 Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? BiVO DYES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of -:1 ❑ Eyes ❑No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ transmission or su PPV system stem to serve more than 50 single or two family F-1 Yes ❑No residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ El Yes ❑No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or .vibration as a result of the Proposed Action? KNO DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ Dyes ❑No facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ EJ Yes []No • Proposed Action will produce operating noise exceeding the local ❑ ❑ Eyes ❑No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ Eyes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PUBLIC HEALTH 17 Will Proposed Action affect public health and safety? Examples that would apply to column 2 L}NO DYES • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ Eyes ❑No 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. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ Eyes ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ El Yes ❑No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ ❑ El Yes ENO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes ❑No 10 .i�Lr�U \ • • o °r IMPACT ON GROWTH AND CHARACTER 1 2 3 d OF COMMUNITY OR NEIGHBORHOOD Small to Potential Can Impact Be � Moderate Large Mitigated By ti 0,,Vill proposed action affect the character of the existing community? ° Impact Impact Project Change Examples that would apply to column 2 0 DYES • The permanent population of the city, town or village in which the ❑ ❑ 1:1 Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ ❑Yes []No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ []Yes [--]No • Proposed action will cause a change in the density of land use. ❑ ❑ F-1 Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes 11 No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ ❑Yes ❑No • Proposed Action will create or eliminate employment. ❑ ❑ El Yes ❑No • Other impacts: ❑ ❑ [--]Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ENO DYES as C -K'1S c6j 2 S7 If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 Briefly describe the impact. 2 Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3 Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 w2. 67 LAgP,( w.SGr)oS 4a e)iwj i a0go,a4d tools Waal lime r is lls4lc tom. 6Q- GArF tkad.d LhiK tP HJU4,, UA`"1 tom. s14ca4,.,t a4Ahic, s e►�d��enl s����.w��a.(�„ �,„_�-- Spec',sa�1�� is �tecd�1 , �oS�FFo�c oma, HENRY P. SMITH, President < TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. N (516) 765-1892 PHILLIP J. GOUBEAUD � ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 30, 1987 Mr. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Harold R. Reese - Subdivision - East Marion, New York Dear Mr. Orlowski: The Southold Town Trustees recommend to the Planning Board the following regarding the above captioned subdivision: 1. The vehicular access is to be out of the Trustees jurisdiction (see attached copy of Chapter 97, Section 97-13 (A) Tidal Wetlands 1-3. and (B) Freshwater Wetlands.) 2. A foot path is recommended for limited access to the pond for pedestrian usage. Upon submission of a new site plan by the applicant, the Trustees will further review their application. Should you have any further questions or concerns, please contact this office. Very truly yours, Henry P. Smith, President C � Board of Town Trustees HPS:ip cc: Harold Reese FIELD NOTES - HAROLD REESE April 21, 1987 p.m. David Emilita and G. Ritchie Latham, Jr. - Drove the existing road/driveway system and walked the Soundfront, Dam Pond front, the major block of Open Space on Dam Pond and the area covered by lots 7-13 and the Park and Recreation Area. Discovered a major area of clearance as indicated by the attached map in red. Stumps, trees,brushes are piled at random and in depressions. Bulldozing has exposed the topsoil making it vulnerable to wind and water caused erosion. Serious vegetative damage has no doubt altered wildlife habitation of the now denuded area. It was our opinion that compensatory restoration of this area be completed before further actionis taken on the subdivision, including review under SEQR. Untold damage has been caused by this activitity and must be corrected. At a minimum, the downed trees should be chipped and the resultant chips spread across the stripped area. The Board should also consider planting and or seeding of indiginous ground covers to reduce the erosion potential. A proper method of maintenance is needed to establish these plantings through this summer although it is almost too late to plant now. A September planting is recommended. Chipping should begin immediately. P D T LD S Y d kit Y� Southold, N.Y. 11971 (516) 765-1938 April 20 , 1987 Mr. Charles T. Matthews Corwin and Matthews Counselors at Law P.O. Box 800 Huntington, NY 11743 Re: Harold Reese Map of Cove Beach Dear. Mr. Matthews : The minutes of the Planning Board meetingswhich you have requested have not been transcribed to date. When they have been transcribed, we will forward copies to you. The fee is . 25 per page. Very truly yours , BENNETT ORLOWSKI, JR. , CHAIRMAN S UTHOLD TOWN PLANNING BOARD W . �� By Diane M. Sc ltze, Secretary r**** Dave -- Benny would like you to review the file for H*rbld geese, at Bast. Marion. He would like — - --- -_-- — __--- —�� --- ke---- — your report on SBQAh and - --- -- - any recommendations with regard to a determination under _— _- _--- ii SEQRA. I think the Board feels this would wasirant a positive declaration and Benny is looking for amour inpxyt on_ this, t — --- oo. This is scheduled for the July 6, 1987 Planning w Board meeting. . . . . Thanks! -- -__ ---- - ' ---- - i j i CORWIN & MATTHEWS - COUNSELORS AT LAW P.O.BOX 800 71 NEW STREET HUNTINGTON LONG ISLAND.N. Y. 11743 (51 B)421-2400 HILARY CORWIN April 16, 1987 FRED J.MUNDER 19181963 COUNSEL ROBERT L.CORWIN 1975-1982 CHARLES T.MATTHEWS Secretary Planning Board of the Town of Southold Town Hall Main Road Southold, New York 11971 Re: Harold Reese Map of Cove Beach East Marion Dear Sir: Would you kindly send me copies of the minutes of the Meetings of the Planning Board for: - December 8, 1987 ✓ January 12, 1987 February 9 , 1987 March 10, 1987 If there is any charge, please advise / fru � Charles T. Matthews CTM/os e nc- Uu3)` *J-4 i s�b� P T D SL Y Southold, N.Y. 11971 (516) 765-1938 April 6 , 1987 Mr. Harold Reese Reese Brothers, Inc. 855 Sunrise Highway Lynbrook, NY 11563 Re: Cove Beach Estates subdivision at Orient Dear Mr. Reese: We are herewith returning the maps and correspondence which Mrs. McLean left with our office on April 3 , 1987. If it is your intention to proceed with the 40 lot proposal, the Board requests correspondence formally withdrawing any previous submission. With regard to the surveys, they must be revised to indicate your name as the subdivision property owner, pursuant to Section A106-40 A (3) . The surveys still have Frank Weber as the subdivider. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. APR 4 - 1587 Meese Oros. inc. 845 SUNRISE HIGHWAY LYNBROOK. N. Y. 11483 516.593-MMM April 2, 1987 Southold Town Planning Board Main Road Southold, New York Re: Cove Beach Estates Subdivision Gentlemen: Responding to your suggestion, we wish to substitute our 40 lot subdivision for the 34 lot map previously submitted. Would you kindly give your consideration to this change at your next meeting. Very truly yours, LAZl Harold Reese HR:gcm 3 O • � . i3� ��3D� I•. � � r//J of 827028'06"E. { ~ 1 2X ro I 1 y � • 1 SUBDIVISION SKETCH PLAN. 1�mer/y PREPARED FOR Yoch FRAMK . WEE5ER AT EAST MARION I TOWN OF . SOUTHOLD - S�Ot Of 1146»•` - 1NT SU% ISAVISUFFOLK COUNTY , N .Y. y Eo THu swvEY rs A vlounoN or rgD k O} SECTION 7209 OF THE NEW YORK STATE , O EDUCATION LAW. y COPIES 01 THIS SURVEY MAP NOT REARM THE LAND SU .IaekD SEAL OR EMBOSSED SFA ^' -I Y: CONSIDERED TO BE A VALID 401 IOPY - GUARANTEES k =..A1.1_ 1 11�N SHALL RUN ONLY TO THE t;5-4 FUP W ml M THL 6URVET - NOV 29, 1986 ... `" 4569'' 15 PREPARED AND u- HIS s!,AO IG THE - . - TITLE COMPANY, GOVERIMLSEPT 2SNIAL AGENCY AND ,1986 1966 LENDING INSTIEU11ON LISTED HERON, AND - AM 6, 1986 - _ . TO THE ASSIGNEES OF THE IENDLNG 1NSTL DATE= OCT. 11, 1985 - - YOUNG TUTION.GUARANTEES ARE NOT TRANSPERAW SCALE: I" IF 100' - 400 OSTRANDER VE. RIVERHEAD,N.Y. TG ADDITIONAL INSTITUTIONS OR 5U45EOLEe111 NO. 85-888 _ALDEN W.YOU 6, XS.RE a L.3.LIC.NO. 12845 HOWARD W.YO ,N.Y.3.L.S. LIC. N0. 45893 I - 5 YY * kw r r a • r ayay '� , 'alTr E k YOUNG %; YOUNG 400 OSTRANDER AVENUE IA A DAR 0 1987 RfVERHEAD, NEW YORK nh goi �87 51&727-2903 ALDEN W.YOUNG HOWARD W.YOUNG poofe"ionnl Engin %Lona Su,.wy« Cond &wftym March 30, 1987 Town Of Southold Planning Board Southold, New York 11971 ATTN: Diane Schultze RE: Frank Weber (85-888) At East Marion, Town of Southold, New York Dear Diane, Enclosed herewith please find the completed Environmental Assessment Form for the above captioned project. Very truly yours, UU Howard W. Young HWY s 'p Encl . cc: Mr. Harold Reese Hand Delivered TOWN OF SOUTHOLD EAF MAR 1987 ENVIRONMENTAL ASSESSMENT - PART I GL`01,-V� Project Information NOTICE: This document ae dessened to assist in determining whether the action proposed may have a significa effect on the envirc•,mrnt. Please complete the entire Data Sheet. Answers to these questions will be consi as Dart of the application for approval and may be subject to further verification and public review. Provi any additional information you believe will be needed to complete PARTS 2 and 3. it is expectea that COmolcticn of the EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring so Indicate and specify each instance. such additional work is unava i{able. • NAME OF PROJECT: _NAME AND ADDRESS OF OWNER (If nifferent) Subdivision Sketch Plan "Frank Weber" Harold R. Reese East Marion, T/0 Southold (Name) — ADDRESS AND NAME OF APPLICANT: 855 $unrlse Highway (Street) -- - Harold R. Reese Lynbrook, New York 11563 (Name) Tp—.-R,.-) State (zip) 855 Sunrise Highway BUSSNCSS PHONE: (Street) Lynbrook, New York 11563 tate tp DESCRIPTIC4 OF PROJECT: (Briefly describe type of project or action) Re_ alts Subdivision 40 Lots on 96 Acres (PLEASE COMPLETE EACH QUESTION - Indicate N.A. if not applicable) A. SITE DESCRIPTION (Physical setting of overall Project, both develoned and undevelooed areas) 1. General character of the land: Generally uniform slope Generally uneven and X rolling or irregula 2. Present land use: Urban , Industrial . Commercial __, Suburban Rural X Forest _, Agriculture _, Other -- _ 3. Total acreage of Project area: 96-4 acres. Aoproximate acreage: Presentiv After Completion Presently After Comple Meadow or Brushland 0 acres 0 acres (later Surface Area acres 0 FA -ter' Waldland 69 acres 50 ———a - acres Unvegetated (rock, QW wna-1 Field 10 earth or fill acres 8_acres ) 12___acres 12 _a Roads, buildinns 'iatland (Fre,hwater or and other paved Tidal as ner Articles surfaces 'a. or C.C.L.) 4 acres 4 acres Lawns L__acres �_a Other (indicate tyne) 0 acres 4. 'ira' is --dominant soil types) on nrojeCt site? 5. i 're tnefr brdrocx outcr000inas on rnipct sit.? Yrs X—.4c s death to bedrock? 2000 ± ti 6. Approxim to percentage of proposed project site with slopes: o-IO; 85 n 1n-15' 10 Z; 15; or ro greater —3--%. 7. Is project contiguous to, or contain a building or site listed on the National Register of Historic Places? _Yes x No 8. What is the depth to the water table? 0-25 feet 9. Do hunting or fishing opportunities presently exist in the project area? _Yes X No 10. Does project site contain any species of plant or animal life that is identified as threatened or endangered - _Yes ,x_10, according to - Identify each species 11. Are there any unique or unusual land forms on. he project site? (i.e. cliffs, dunes,'other geological formations - X Yes __No. (Describe Cl ffs _ 12. Is the project site presently used by the community or neighborhood as an open space or recreation ) area - Yes X No. 13. Does the present site offer or include scenic views or vistas known to be important to the community? __Yes __L_No 14. Streams within or contiguous to project area: - a. Name of stream and name of river to which it is tributary N/A 15. Lakes, Ponds, Wetland areas within or contiguous to project area: - a. Name Long Island Sound & Dam Pond : b. Size (in acres) N/A 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family residential, R-2) and the scale of development (e.g. 2 story), B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor 96 acres. b. Project acreage developed: 0 acres initially; 2_ acres ultimately, c. Project acreage to remain undeveloped 70 _ d. Length of project, in miles: WA (if appropriate) - e. If pmo,�l'�.ct is an expansion of existing, indicate percent of expansion proposed: building square foot- age ; developed acreage N/A , f. Nurber of off-sires[ parking spaces existing �_; proposed , g. Maximum vehicular trios generated per hour 10 (upon completion of project) h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initial 40 v x —_X Ultimate 4_ X 'X X i• If: Orientation "elgnbornood-City-Regional Estimated Emoloyment Corrercial N/A Industrial N/A j. Total heignt of tallest nronosed structure __ 35 feet. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site - 0 tons 0 cubic yards 3. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site - 20 acres. 4. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? _Yes X No 5. Are there any plans for re-vegetation to replace that removed during construction? X Yes _No 6. If single phase project: Anticipated period of construction 48 months. (including demolition). 7. If multi-phased oroject: a. Total number of phases anticipated _No. N/A b. Anticipated date of commencement phase I month year (including demolition) — c. Approximate completion date final phase month ._year. d. Is phase 1 financially dependent on subseouent phases? _Yes _No 8. Will blasting occur during construction? Yes _.X_No - 9. Humber of jobs generated: during construction 25 ; 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 X No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? X Yes _40. b. If yes, indicate type of waste (sewage, industrial, etc.) Sewage (Subsurface) c. If surface disposal name of stream into which effluent will be discharged - 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? _Yes X No. 14. Is project or any portion of project located in the 100 year flood plain? X Yes _No 15. a. Does project involve disposal of solid waste? X Yes _No b. If yes, will an existing solid waste disposal facility be used? _Yes __No C. If yes, give name: QrtcbQjP Land Fill : location Q±Cboje d. !till any wastes not go into a sewage disposal system or into a sanitary landfill? _Yes -&---N0 16. Will project use herbicides or pesticides? _A_Yes _No For Lawns 17. Will project routinely produce odors (more than one hour ter day)? _Yes X 0 18. Will project produce operating noise exceeding the local ambience noise levels? _Yes _4_No 19. Will project result in an increase in energy use? _Yes _4o. If yes, indicate type(s) Electric 20. if water supply is from wells indicate Pumoing capacity in gals/minute. 21. Total anticinated water usage per day 12M gals/day. 22. Zoning: a. what is dominant zoning classification of site? Agricultural Residential A b. Current specific zoning classification of site Agricultural lesidential A _ c. !s orocosed use co•sisten. ieith Present zoning? Yes d. If no, indicate desired zoning -- 26. Approvals: a. Is any Federal permit required? Yes X No b. Does project involve State or Federal funding or financing? __Yes _X No . c. Local and Regional approvals: Approval Required Submittal Approval (Yes, No) (Type) (Date) (Date) City, Town, Village Board Yes Cluster City, Town, village Planning Boardte � � 5 --- City, Town, Zoning Board City. County Health Department Other local agencies Other regional agencies State Agencies Federal Agencies C. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associatel with the proposa please discuss such impacts and the measures which can be taken to mitigate or avo' them. PREPARER'S SIGNATURE: Hward W Young TITLE: Lend Surveyor REPRESENTING: Flaruld R. Reese DATE: %rch�. 1 71 7 - -4- P, � D T :. LD • S Y Southold, N.Y. 11971 (516) 765-1938 April 21, 1987 Charles Hamilton Environmental Analysis Unit DEC, Building 40 , Room 219 SUNY Stony Brook„NY 11794 9c: PerrAli No.- LI0- 04-07013 Dear Sir: Enclosed find a completed Long Environmental Assessment Form, a copy of the subdivision map for Harold R. Reese located at East Marion, tax map no. 1000-22-3-18. 3 and 15. 1. This project is Type I and an initial determination of environmental significance has been made. We wish to coordinate tis action to confirm our initial determination. It has been determined that the environmental impacts are of primarily local significance, therefore, we are requesting lead agency status. May we have your views on this matter. Written comments on this project will be received at this office until May 21, 1987. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act. Very truly yours z xum,� oxLw4Li�YcLrLa/ BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD BY Diane M. Schultze, Secretary enc. cc: Department of Health Services - Department of the Ecology Town Trustees Conservation Advisory Council g�FFO(/�C P- D T LD SL Y Southold, N.Y. 11971 (516) 765-1938 April 16, 1987 Mr. Harold Reese Reese Brothers 855 Sunrise Highway Lynbrook, NY 11563 RE: Harold Reese property at East Marion known as The Cove Beach Dear Mr. Reese: The following action was taken by the Southold Town Planning Board, Monday, April 13, 1987 . RESOLVED that the Southold Town Planning Board authorize the Secretary to coordinate under the State Environmental Quality Review Act for the major subdivision of Harold Reese located at East Marion to be known as The Cove Beach. Would you please forward six (6) surveys for the necessary referrals under the State Environmental Quality Review Act. If you have any questions, please don' t hesitate to contact our office. Very truly yours, _ BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary c�gFF P D ti T D SL 1 Y Southold, N.Y. 11971 (516) 765-1938 April 13 , 1987 Mr. Harold Reese c/o Reese Brothers 855 Sunrise Highway Lynbrook, NY 11563 Re: Harold Reese Subdivision at East Marion Dear Mr. Reese: We acknowledge receipt of yours of April 7, 1987. The withdrawal of this map was not at our suggestion as our Board has only requested that you, as applicant, make a determination as to which map you want to proceed with. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD dms lKerse pros. *nr. APP 9 1987 853 SUNRISE HIGHWAY LYNBROOK. N. Y. 11383 516-!93-32M April 7 , 1987 Southold Town Planning Board Main Road Southold, New York Re" Cove Beach Estates Gentlemen: Responding to your suggestion, we wish to withdraw our map of Cove Beach Estates consisting of 34 lots . Very truly yours , Harold Reese HR:gcm IIJJ \ ..� �ew Cu � 6 • dtiti7 � c jtir9 &d�l�• �' -f.�''' ' L-,^ 3 7703-1- tic IY I I 111 .. _..- 4 .. I...u n.r... ...n..vn.......�-....wnwW.�.wl..'wwM'I�PryfM�•>yse/W1ry�.tLnbMAV1' MY"RCIWIAMM.>•MN�M'4MMMVMY�....w. n. ............i ....�M'.r 1 � S I - goNg07• 77 i LI V - ' =, �d�97 �I• ag I Lu ton , j I Cu VL' tj =` ,�c 1.1 cu7 rt71on 6 • r J- tic 17- � � 34�03.1- i I Lu I!i ii ►�oay SCK � �� I � II I II' V =� i �d�q� �I• ag I �0 c _— . �o •d�" lois jI § A106.32 SUBDIVISION OF LAND § A106.32 foot-wide easement to provide for continuation of I� pedestrian traffic and utilities to the next street. Sub- divisions containing twenty (20) lots or more @hell tLgye at sea two 2) street connections with existing public streets `or"streets shown on the Officio Map, of such exists, or streets ona recorded final plat: G. $lock size _... . _._...___ ._. ... (1) Blocks shall not be exclusively long. Blocks, generally, shall not be less than four hundred (400) feet in length nor more than one thousand two hundred (1,200) feet in length. In general, the width of a block shall not be less than twice the normal lot depth. (2) In blocks exceeding eight hundred (800) feet in length, the Planning Board may require the reservation of a ten-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic,where needed or desirable, and may further specify, at its discretion, that a four-foot-wide paved footpath be included. The Planning Board shall require the proper maintenance of any such easement. (3) Irregularly shaped blocks, including superblocks, indented by cull-de-sac and containing interior spaces, will be acceptable when properly designed and coordinated with the overall plat and when adequate provision for the maintenance and ownership of public areae is provided for. H. Intersections with major streets.Minor or secondary street openings into a major street shall, in general, be at least five hundred (500) feet apart. I. Street jogs. Street jogs with center-line offset@ of lees than one hundred twenty-five (125) feet shall generally not be permitted. J. Angle of intersection. In general, all streets shell join each other so that for a distance of at least one hundred (100) feet a street is approximately at right angles to the street it join$. A10621 s•�a-ea I it I siAe (lL- = Nl"9) March 30, 1987 Planning Board Meeting 8: 30 p.m. Mr. Charles Matthews was present to discuss the major subdivision proposal of Harold Reese for property at East Marion,referred to as "The Cove Properties" Mr. Orlowski: Okay, next order of business is an 8: 30 p.m. appointment, Charles Matthews has scheduled an appointment at the Board' s request to discuss the subdivision proposal located at East Marion to be known as "Cove Beach" ; property owned by Harold Reese. Mr. Matthews: Good evening Mr. Chairman, my name is Charlie Matthews. I am an attorney with offices at 71 New St. ,Huntington, Long Island, I am here this evening with Harold Reese and on his behalf inconjunction with this proposed subdivision map. You requested a Environmental Assessment Form. Mr. Young is here and we have the assessment form. (presented assessment form to Chairman) . Mr. Orlowski: Okay, right now we have a 34 lot sketch plan before us, are you going to withdraw that? Mr. Matthews: Well, withdraw or amend it, however you do it, what we want is 40. Mr. Orlowski: Right, what we want to look at is one plan. Mr. Matthews : Then we submit one with 40, we will withdraw it and submit the other one. You know where the other lots would go, there is no change in the map except the other lots are situated on that open space near the entrance. Now, you ask that I discuss with you this Section A 106-32. I have copies of it here if the Board doesn' ttf, nftyou want to pass them down. This has to do with whetherowe pare entitled to more than 20 lots on this parcel. You have a provision with respect to the subdivision of land that a subdivision containing twenty lots or more and this has more than 20 lots have at least two street connections to existing public streets and this has only one street connection. But, that Section specifically says "if such exists" there is no other street frontage here so it doesn' t exist. Consequently, I submit that that section has no applicability to this particular subdivision, since no other street connection exists but this one. Now, you have a yield formula. I have computations based upon your yield formula, we have here sufficient acreage to warrant, we believe, 42 lots based upon this calculation which I have just handed up, where you take the acreage, take 20% off of it and you divide by the 80, 000 square feet and we come up with 41. 985 lots. I know that you have been considering that the 3 . 9 acre area that is wetland should be some how subtracted from the total acreage. You know, we do have a constitution in this land and that constitution provides that you don' t take a persons land unles you can condemn it and pay for it. So long as Mr. Reese owns all of this acreage including the wetlands , he is entitled consideration of that wetland area. Page 2 Mr. Matthews: If the State of New York, or the Town of Southold or some other municiple agency wants to condemn the property and pay for it and he no longer owns it, then I can see that you can subtract it. But until that comes to pass it is still his private property and part of the subdivision. And,he is entitled to be considered in conjunction with the clustering which is part and parcel of this proposal. Now, that being the case, he is entitled to 42 lots under your yield formula, we are only asking for 40 . I submit that he is entitled to those lots and that anything less than that is confiscation, pure and simple, pure and simple. If we have zoning, we have regulations and were to treat everybody alike under the Constitution, all we are asking for is equal treatment, don' t treat us differently. Don' t say that because some prior owner indicated to your Board he was willing to accept something less that Mr. Reese has to accept that. Or, that you are imposing this restriction on everybody in Town. If you are going to impose this on everybody in Town, all well and good. But don' t single Mr. Reese out and this subdivision out and say well, yea, we have a yield formula but we are going to use a different yield formula for this subdivision. We are willing to take something less than we are entitled to and as I say, under your own yield formula we are entitled to 42 acres no matter how you slice it. And, we are willing to cut that back to 40 and go on that basis. And, that is our proposition and our submission to you and I don' t see from a legal standpoint any other way to go, unless you feel that the Constitution of the United States and the Constitution of the State of New York is something that can be just ignored. I was in the Supreme Court this morning arguing the same thing against another municipality. Everybody in this County seems to think that we have got to stop building and private property is of no value to anybody and we are just going to stop people from building period. Except that the Constitution says that you cannot, through regulation, prohibit people from using their property and if you do that is a taking, and you have to pay for it. You don' t want to pay for this, there is an awful lot of this property being set aside for common ownership or wetland and it will make a beautiful subdivision. And people will enjoy living here and enjoy this community and I don' t know why you want to stop people from being able to so live in this society, and enjoy life as they might like to. I will answer any questions if I can. Mr. Young is here. Mr. Orlowski: Any questions from the Board, Mr. Mullen? Mr. Mullen: Not at this time. Mr. Orlowski: Mr. Latham? Mr. Latham: No, I have no questions. Mr. Orlowski: Mr. Ward? Mr. Ward: Just as we were to treat you equal we would probably go with the twenty lots. Page 3 Mr. Matthews: What does this statute say when it says "if such exists" . When itt$oldn' t exist it doesn' t exist. I can' t create it. If you wanthanother public road through there somehow fine, we will have another access. Mr. Orlowski: I believe it says if it doesn' t exist then you are limited to the twenty lots. Mr. Matthews: No, it says such subdivision containing 20 lots or more shall have at least two street connections with existing streets, if they exist. If they don' t exist you can' t have them. I can see if I had two street frontages and I have a street frontage in the back somewhere and I just wanted to go out to the one street frontage and not to the other street frontage and I have more than 20 lots , you can make me have another access to that other street frontage. But, if it doesn' t exist I can' t provide and you can' t by this statute say, alright since it does not exist, we are going to condemn half of your property. If you are going to condemn half of the property and say that I don' t have this zoning, I have six acre zoning or something, fine, pay me for it. You don' t take a person§ property that way. If it existed fine, we would provide it, it doesn' t exist. Mr. Mullen: Well, I feel that we are at a disadvantage because we don' t have legal counsel here tonight and as far as I am concerned I will have no comment until we have that opportunity to do so. Mr. Matthews: Alright, we came out two weeks ago and we met with the Town Attorney and with your Chairman. . . Mr. Orlowski : No. Mr. Latham: You two brought the Town Attorney and not at our request. We did not invite him there. Mr. Mullen: Was that a Board meeting, Sir? Mr. Matthews: No. Mr. Latham: You brought the Town attorney, we did not. Mr. Matthews: Alright, but we had these same questions before the Town Attorney and he agreed with my position. Mr. Latham: He came to defend your position and not help us and he certainly did. Mr. Matthews: We lawyers , I suppose, should go home. We look at these things as lawyers should look at them. There is a Constitution and there are rules and there are interpretations. Mr. Latham: Well, you brought Mr. Tasker, the Town Attorney, along at your bequest, not at ours . Page 4 Mr. Matthews: No, it was not at my request. Mr. Latham: Well, Mr. Reese did then. Mr. Matthews: No, it was not at my request. Mr. Latham: Well, at whose request then, Mr. Reese' s? Mr. Matthews: I had called him to see if he could arrange a meeting with you and he finally arranged it and he came out. What I am trying to do it avoid litigation. And, this is the way to try to avoid it, work something out. But, if litigiation is all you ask for, it doesn' t bother me. Mr. Mullen: I would still like to refer it to our attorney. Mr. Matthews: Alright, you can, that is why we met with him. Mr. Mullen: You mention that meeting, sir, that was an informal meeting and I was not present and other people were not there, I think there were but two members that were there. I still think, you mentioned the Constitution, to have legal counsel I am not an attorney, unfortunately. Mr. Matthews: I appreciate that. Mr. Orlowski: We will review a map here. Mr. Ward do you have any more questions? Mr. Ward: No questions. Mr. Orlowski: Mr. Bryer do you have any questions? Mr.Bryer: I have two. I read the part. that you just gave us and I think you are taking that out of text, I think that "if such exists" refers to the Official Map of the Town of Southold, if you would read that again if your English is grammatically correct and then if you also look at Section 100-33 F you will see that dead end streets will not exceed 800 feet in length and that is a dead end street. And that is all I have to say, if you would just let us know what you feel about those two points and we will listen. Mr. Matthews: On blocks exceeding 800 feet it says the Planning Boardmay require reservation of a 10 foot easement, to provide for the crossing of underground utilities. I don' t see where that has any application at all. Mr. Bryer : It says blocks shall not exceed 800 feet in length. . . . Mr. Orlowski: Okay, what we, what the Board wants now is a letter in writing withdrawing the sketch approval that you have right now on the property and a letter submitted a map that you would like to submit and at this time, to speed things up, we can start the coordinate with the other agencies and send an environmental Assessment Form to those other agencies Page 5 Mr. Orlowski: and start the SEQRA process. Mr. Matthew: Okay. Mr. Orlowski: Okay. Mr. Matthew: Thank you. YOUNG %% YOUNG aoo OSTRANDER AVENUE RIVERHEAD, NEW YORK nyoi 516-727-2303 AMEN W.YOUNG HOWARD W.YOUNG P.f."ion*L E.9iMW%Land 8.o YM [..d g,wfty. March 28, 1987 Southold Town Hall Southold, New York 11971 ATTN: Ms. Diane Shultze Dear Ms. Shultz, Enclosed herewith please find one (1 ) print of the "Standard" Yield Subdivision Sketch Plan prepared for Frank Weber (85-888) , at East Marion, Town of Southold, New York. At this time we have not completed a Final Road & Drainage Plan for the above mentioned. Very truly yours, #f)06ua, w Howard W. Young HWY/ jp Encl . MAR 3 TELEPHONE (516)765.1692 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 27, 1987 Mr. Harold Reese 855 Sunrise Highway Lynbrook, New York 11563 Re: Property in East Marion, New York Dear Mr. Reese: The following action was taken by the Board of Trustees during their regular meeting held on March 26, 1987 regarding the above captioned property. RESOLVED that the Southold Town Trustees TABLE the Wetland Application No.513 pending a field inspection with the Trustees on the site to be held on March 31, 1987 at 5:00 P.M. . Very truly yours, Henry P. Sm th, President Board of Town Trustees HPS;ip cc: Trustees file Planning Board 5�FF0C,� P D T LD S Y Southold, N.Y. 11971 (516) 765-1938 March 25, 1987 Mr. Charles T. Matthews Attorney at Law Corwin and Matthews P.O. Box 800 Huntington, NY 11743 Re: Map of Cove Beach Property owned by Harold Reese Dear Mr. Matthews : Receipt of yours of March 20 is hereby acknowledged. Please be advised that consideration of your client' s sketch plan will be given at the Board meeting to be held on the 30th day of March 1987 and I request that you attend at 8: 30 p.m. Be further advised that there are concerns regarding the most recent yield map filed which will be addressed at the March 30 meeting, and that there are concerns relating to the provisions of Code Section A 106-32 which will also be addressed at the March 30 meeting. Further if you intend that your most recent communique based as an application for a 40 lot sketch plan rather than the 34 lot sketch plan, please submit a Long Environmental Assessment Form on or before Monday evening, the 30th. Very truly yours, Bennett Orlowski, Jr. , Chairman Southold Town Planning Board dms • a CORWIN & MATTHEWS ■ 111'] f� i 987 COUNSELORS AT LAW MAR P. O.BOX BOO 71 NEW STREET HUNTINGTON LONG ISLAND. N. Y. 11743 (S 16)421-2400 March 20 , 1987 HILARY CORWIN FRED J. MUNDER 19161963 COUNSEL ROBERT L.CORWIN 1975-1982 CHARLES T. MATTHEWS Mr. Bennett Orlowski, Chairman of the Planning Board Town of Southold Town Hall Main Road Southold, New York 11971 Re: Map of Cove 'Beach Dear Mr. Orlowski: This letter is following up on the meeting which Mr. Reese and I had with you and the Town Attorney on Friday, March 13th, 1987. At that time we urged you to reconsider your objections to this Map, showing a yield of 40 plots. We would like a response from your Board and an indication in writing as to the reasons for not permitting 40 lots, if in fact, that is your decision. We urge upon you that under the law and the rules and regulations pertaining to this matter this property owner is entitled to a Map showing 40 plots. It would be, in my opinion, unconstitutional and discriminatory to deny this property owner the 40 plots applied for. Very-tr 11is, Charles T. tthews CTM/os cc: H. Reese IEB m 1987 0 peu- * YOUNG 9,6 YOUNG 400 OSTRANDER AVENUE RIVERHEAD, NEW YORK rigor 516727-2303 ALDEN W.YOUNG HOWARD W.YOUNG Paofwional E.qL w %Land &.veym La.d. Suo vy. February 3, 1987 Mr. Harold Reese 855 Sunrise Highway Lynbrook, New York, 11563 Dear Mr. Reese, Enclosed herewith please find six (6) prints of the "STANDARD" (YIELD) SUBDIVISION SKETCH PLAN prepared for FRANK WEBER (85-888) at East Marion, Town of Southold, New York, indicating forty (40) lots. Very /truly nyours, Howard W. Young HWY/jet Encs. 5 rnapcj) Aj2,e bL 1 (;y1 RECOMMENDATIONS FROM TOWN PLANNER DAVID EMILITA re: HAROLD REESE PROPERTY - REFERRED TO AS "THE COVE" We wish to reiterate that the 34 lots have sketch plan approval and any other application which shows a higher density will not be entertained until the original application is withdrawn. ' There is a discrepancy in the information submitted on the yield map submitted and this must be clarified. The park and playground is not shown on the yield map. Lots 7 , 8, 37 and 17 look to have topography problems (106-35A) : We may wish to have the wetlands staked for a determination to be made at a later date. This may indicate that additional lots as per the yield map are not buildable. The sketch map shows 173 , 978 square feet of wetlands and the yield map only shows 135 , 000 square feet of wetlands. This must be clarified. The standard yield map must also be revised to include building envelopes indicating all required setbacks, ie wetlands, zoning. I ' ' i � d-o s� — � 34�o3•J . � bJ'�cY,y • v i� .= c�0,tw-t> = it �l •4'�d' �a� 5 i Cw tic � V t0 �rsU = �p •a�' Lon �I I g�FFO(k�, P D T LD S Y Southold, N.Y. 11971 (516) 765.1938 January 14, 1987 Mr. Harold Reese c/o G. McLean Blue Marlin Drive Southold, NY 11971 Re: Cove Beach Subdivision Dear Mr. Reese: Please let this confirm the discussion with Planning Board at the January 12, 1987 meeting with regard to the above mentioned subdivision. It was the consensus of the Board to request that the subdivision be revised to contain 34 lots as originally granted sketch approval under Frank Weber. If 40 lots are to be pursued, a yield map is to be submitted substantiating this yield. The Board was concerned with the amount of lots proposed with only one ingress and egress onto Main Road. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary P D T LD S Y Southold, N.Y. 11971 (516) 765-1938 December 10 , 1986 Mr. Harold Reese C/o Gerry McLean, Secretary Blue Marlin Drive Southold, NY 11971 Re: Cove Beach East Marion Dear Mr. Reese: Please let this confirm that at the regular meeting of December 8, 1986 the Planning Board reviewed the above mentioned subdivision and will conduct a field inspection prior to any further action. It was also requested that a yield map be submitted for this proposal. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAI N SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Cc, 71 r a � a Q � I � ao t� — k 3 g7o3•J' � 414 I ' I! ...-... .. ___� .. n...n.w+.....�. r�r+.._nn�nM.'M.�r-.�rrw.Y'w•W+M+wiMY�'s�'uM4M:rQeq�qu�YfI.WAY6R•N'M.LM"Wx, W) .�.1.�«a.,..., ana naw..wv. I I i t7- axo o4go7• i � I V �o e� _ . �o •dJ lon i �I I i vjtl-4 ALA- .__-- -_ � _�Ap�L__$.... ,rr.�wNOq AbT S{AC�W N OIJ Y►ISl.� MAP� �s =au�u` NET --_- ---` 5A -YJ &-_-ham 7�. QI.IL�! SMaWS_.-1 I i I i § A106.32 SUBDIVISION OF LAND § A106.32 foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next street. Sub" divisions containing twenty 120) lots or more shall lIS1Yc at _ eas two 2) street connection-with existlng public streets or"streets sh6irn on tha Offici4l Map, if"inch exists, or streets on a recorded final plat: G. Block Size. (1) Blocks shall not be exclusively long.Blocks, generally, shall not be less than four hundred (400) feet in length nor more than one thousand two hundred (1,200) feet in length. In general, the width of a block shall not be lees than twice the normal lot depth. (2) In blocks exceeding eight hundred (800) feet in length, the Planning Board may require the:reservation of a ten-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic,where needed or desirable, and may further specify, at its discretion, that a four-foot-wide paved footpath be included.The Planning Board shall require the proper maintenance of any such easement. (3) Irregularly shaped blocks, including superblocks, indented by cull-de-sae and containing Interior spaces, will be acceptable when properly designed and coordinated with the overall plat and when adequate provision for the maintenance and ownership of public areas is provided for. H. Intersections with major streets.Minor or secondary street openings into a major street shall, in general, be at least five hundred (600) feet apart. I. Street jogs. Street jogs with center-line offeete of lees than one hundred twenty-five (125) feet shall',generally not be permitted. J. Angle of intersection. In general, all streets shall join each other so that for a distance of at least one hundred (100) feet a street is approximately at right angles to the street it joins. A10621 e•ra•oo Ili I \QF .� TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold,New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD. f, APPLICATION NO. DATE OF APPLICATION Q"� �O _ IDENTITY OF APPLICANT �1�� 1\C ^ PHONE NO. ADDRESS OF APPLICANT —J �-1 V-1 Q I s c ----- TAX MAP NO.-Y��fI—IC�OO C 0�.�_--I,� AGENT _n __ r __ _ —PHONE NO PERMIT REQUESTED TO �te1�vE-�uRS LOCATION OF PROPERTY FOR WHICH PERMIT WANTED =f7(AQ/r HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION IU f I'- j A ltin u H't —tA A 4 I� 'j1 l— Ei�$_C S (!4 V IC 61—L= ,L _—I 3 3 — —J---- — ----- 1 (� cc�� ------ CREEK, BAY OR HARBOR FRONTING PROPERTY-- =_�`_SC1`L`l�.—i�1J I�AI �OH7- SIZE OF PROPOSED WORK-_ jk- jj Lf2 A — LENGTH i WIDTH ----------------- 1----- - ---------- HEIGHT ABOVE HIGH WATER LV ----- f-Of f DEPTH BELOW LOW WATER YARDS TO BE EXCAVATED YARDS TO BE FILLED WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY ` DEPTH AT LOW. TIDE AVERAGE RISE IN TIDE - DISTANCE TO THE NEAREST CHANNEL-_-----FT. w DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA IS THIS FOR PRIVATE OR BUSINESS USE? AREA ZON I MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED ------------------__---_-_ INTENDED USE OF PROPERTYE S l DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE-fU'F __ AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMEN- AGENCY--__�y_1___ _ --_ --------------------------------------------------------- DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN AQDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARY___ CI ONA �SURVEY -_------------------------------------------------_---_-___- WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. ------------------------------------------------------------------ ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? jlU BOARD OF TOWN TRUSTEES • t TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information (To be completed by Applicant or Project sponsor) 1, Applicant/sponsor3. ProjeName cS5,, f�2L1 �:i �EESr: IOVF �E�CH C- A irt��5 3. Project location:- v Municipality 0,9 hl County (C I. Is Oropased action: New ❑ Expansion ❑ Modificationlalteration 5. Describe Project briefly: A V f S ti rS 6. Precoe location(road intersections,prominent landmarks,etc.or provide map) pFr hKatH �`� 0u-T (� S� ar (= qS pF 4'uS rrc;_ 7. Amount of land fe ted: _ Q/ ¢ Initially k• acres Ultimately /`� J ~� acres g. Will proposed action comply with existing zoning or other existing land use restrictions? Yes ❑ No If No,describe briefly 9. What is present land use in vicinity of project? Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other Describe: 10. Does action involve a ermiUapproval,or funding,now or ultimately,from any other governmental agency(Federal,state or local)? ❑ Yes No It yes,list agency(s)and pefmitlapprovals 11. Does any aspect of the action have a currently valid permit or approval? ❑ Yes ❑ No It yes,list agency name and permitlapproval type ttt-vo;,qi- y(�,�I O FclQcz t�loLD � LAH41r-/(. cR,2J 12. As result of proposed action will existing permajapproval require modification? ❑ Yes 14 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO, THE BEST OF MY KNOWLEDGE (s App Lcanusponsor name `�` 'T " �s "1.�' C Date: Slgnamre: 1 PART II Environmental Assessment (To be completed by Agency) A. hoes action exceed any Type I threshold in 6 NYCRR,Part 617.121 If yes,coordinate the review process and use the FULLILONC FORM EAF. ' ❑ Yes ❑ No ..� B. Will action receive coordinated review as provided for unlisted Actions in 6 NYCRR• Part 617.71 If No,a negative declaration may be supercedec involved action. ❑ Yes ❑ No C. Could xenon result in ANY adverse eltecb on, to,or arising from the following:(Answers may be handwritten• if legible) C7. Existing air quality.surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential drainage or flooding problems?Explain briefly; C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts;or community or neighborhood character?E. FtJ Ca. Vegetation or fauna, movement of fish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: �J Ca. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources? Explain bri oto Cs. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. tic) C6. Secondary.cumulative,or other effects not identified in Cl-C6?Explain briefly. SIJ C7. A change in use of either quantity or type of energy? Explain briefly. 1`fV PART III Determination of Significance(To be completed by Agency) - - INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or oth significant. Each effect should be assessed in connection with its(a)setting(i.e. urban or rural); (b)probability of occ. (c)duration;(d)irreversibility;(e)geographic scope; and(f)magnitude. If necessary, add attachments or reference supp materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been ider and adequately addressed. ❑ Check this box if you have identified One or more potentially large or significant adverse impacts which MAY Occur. proceed directly to the FULL/LONG FORM EAF and/Or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting document that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, a, attachments as necessary, the reasons supportng this determination: Agency ism! Agency Prnpare(s Name Date COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: • �'T I� �I'U �- `/ 1`-L� F BEING DULY SWORN DEPOSE` AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS , AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF , THAT THE WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT , IF GRANTED. In completing this application I hereby authorize the Trustees agent br representative to enter onto my property to inspect tie premises in conjunction with review of thi$ applica on. SIGNATURE OF APPLICANT SWORN TO BEFORE ME THIS XL DAY OF 1 9 JEAN M.MCDERMOTr C, 1i +x a 2X NOTARY PUBLIC State of New York NOTARY PUBLIC NO.Que11019WI8�UMQOUOty COMMi3ftn Expires Feb. 17, 19S-1 EXAMINED APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT, DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED " WETLANDS PERMIT° (CHAPTER 97) DISAPPROVED " BOATS , DOCKS , WHARVES" PERMIT (CHAPTER 32) CONDITIONS , IF ANY - EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES . . .... _. .__....... . _ yN � s NI •N � J y Y� y / // •� i / ad�g� J / 0 N e N I o G s u to 60 s s s o00 \POU RC SEE. x0 023 SEC RC, x0.013 db 4Q 14-00 o�sa�• - -- - - NEWYORKSTATEDEPARTMENTOFENVIRO�NTALCONSER�/w-' INTER-OFFICE SPEED MEMO 1 REGULATORY AFFAIRS (' 1-1 (USE ONLY FOR POND NCE)IAL COR- RE TO: &i.. ✓wd �Qi�x. DATE: 2l $ FROM: bREPLY REQUIRED BY: SUBJECT: ops r DATE RETURNED: REPLY AT BOTTOM OF THIS FORM �'V N� is .� , 4 � c,.�ec�C .�'w� ✓.cT 12 T, sac ` b 6.1s—EI5 Ao 6. s c ✓ .S ✓'/Oh1S ICa` h-� ' J t�X00 G1 ce.o.o6cc.¢Xt� _C NOTICE Police Dept. - Bay Constable Town of Southold Peconic, New York 11958 NOTICE OF VIOLATION Date:------ -----=- - '-- -. 19----- To: -----=_,-(Ow----ner=--- or-----------authorized---agent------of--owner----)------------------------ ---(Address of owner or Address: --- c . r authorized agent of owner) Please take notice there exists a violation of the Code of the Town of Southold, Chapter 97 Article------------ Section-- ----------- r ,:Gtr -. ., at premises hereinafter described in that----------------=------------ I)- u Cv '.. ' � ilt3i �' - You are therefore directed and ordered to copply with the following:-------------- ----------------- -------------------------- ----------------------------------------------------------------------- _ . .. .- 1.j i ,� ______________________________________________________________________. - 1 . on or before -----------day of ---=-+----------, 19---=--- The premises to which this Notice of Violation refers are situated at: ,sz -----------------------------------------------------Pown of Southold, Suffolk County, W.Y. (Buff. County Tax Map Designation: Dist. Section:------- ---Block:--------Lot:--- ---� Failure to comply with the applicable provisions of the law nay constitute an offense punishable by fine or imprison(nent or both. NOTICE: You have the right to apply for a hearing before the Board of Trustees of the Town of Southold, provided that you file a written request with the Clerk of the Trustees within 10 days after service of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearing is requested and �a shall sOt farth the rbasons why such notice of violation should be kgedified or reecinded_ - _— __- CouG 4L Cs?�►ids SRF +� . g�� 3 �ti-r ►4� = �t1 � f�s'_i'7 J'3 ��_� 33 y - °a _ l § 100-136 ZONING § 100.136 Residential and Agricultural District according to the procedure and requirements hereinafter set forth, without the requirement that the owner make written application for the use of such Procedure. A. [Amended 4.24.84 by L.L. No. 4.18841 The maximum number of single-family lots that may be approved la a cluster development shall be computed by subtracting from the total groes area a fixed percentage of twenty percent (20%) of said area and dividing the remaining eighty Percent (80%) of the area by the minimum required lot area set forth in the Bulk and Parking Schedule.' In computing the maximum number of lots that may be created, any lands which are subject to flooding or which are occupied by public utility easements in such a manner as to Prevent their use and development shall not be considered part of the total gross area. (2) In a cluster development,lot area shall not be reduced , fifty Percent (60%), and lot width and depth,front yard,rear yard and side yards shall not be reduced by more than thirty percent (30%) of the minimum requirements eft forth in the Bulk and parking Schedule.' B. The area of a cluster development shall be in single ownership or under unified control. k C' Prior to the issuance of a bu[ldiug permit in a cluster 1` t development, a site plan shall be submitted to and ap• • ' Proved by the Planning Board in accordance with Article +� XIII of this chapter and the following conditions: j (1)'Said site plan shall include areas within which structures may be located, the height and § ` J buildings, open spaces and their landscaping,ing of street open and enclosed (if Pace, off. • '•j amyl parking spaces and streets, driveways and any other physical features :. relevant to the proposed plan. TL sen w parrms see.ew u mamw M U. .9 .1 IN. 4eapl.r. - 10063 6-26-84 I i K.- p�y G�L�St'LH I - C V65E C3 c.0 I , i -�t �U j, I� ' I I� I T r q-7 ,oti C ye gc 1i► _ II 14 1 - &-o � i I'I �I pv 241986 Eeese Was. ftic. N855 SUNRISE HIGHWAY LYNBROOK, N. Y. 11563 516-6W-3x00 November 24, 1986 Planning Board Southold Town Southold, New York Gentlemen: Please be advised that we have signed a contract for the purchase of Cove Beach, East Marion, New York with a tenative closing on December 29, 1986. Would it be possible to amend the application of Frank Webber, the previous owner, to reflect this change . Yours truly, Harold Reese Gerry McLean, Secretary LASER FICHE FORM SUBDIVISIONS SCANNED DEC 4 Project Type: Major [RecordsStatus: Expired management SCTM # : 1000 - 22.-3-15.1 Proiect Name: Cove Beach Estates Location: The property is located No Main Road approximately 1000' east of Kayleigh's Court in East Marion Hamlet: East Marion Applicant Name: Raoul Witteveen Owner Name: Raoul Witteveen Zone 1: Approval Date: A/�-1— vCZ) PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A data 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: SCAN Date: 0 Young & Young, Land Surveyors TEST HOLES: 400 Ostrander Avenue, Riverhead, New York 11901 yryh8� g �D�n9 LOCATION MAP S 83 631-727-2303'74'46" E u1 i a"uF�o 2a 600 600 0 110 boo .26' W 'Iq IIUUIJ S TEST HOLE TEST HOLE TEST HOLE W 62$ W Alden W 38 NO 7 N0. 2 N0. 3 W. Young, RE & L.S. (1908-1994) 2Y=� Howard W. Young, Land Surveyor pl°mm�g 7$' f N y,0 aD' LOAM DD John Sohnurr, Land Surveyor n 201, 0g" 0 G LOAM Thomas C. Walyert, ProfoSSLn it Engineer B SANDY O.t*1 FINE CLAY Znginnnng . ' I N SANG 60' 60' S.0' LOAM gRSAN 0 80, D SURVEYOR'S CERTIFICATION: °P"•9i"p O SANDY OLD, 1 0 1 S CLAY pati PALE I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH o O r THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD. EXECPT AS GR. WATER IRO' SAND _ 8 2 ca WgTER 2D.D' MARC WTH MODIFIED PURSUANT TO SECTION 278 OF THE N.Y.S. TOWN LAW AND \1 O 0 6F/Nfs CRAWL' cp�NVEL CRAWL SAND ARTICLE XVIII OF THE CODE OF THE TOWN OF SOUTHOLD." �0 1 1 �' 220' t RNES 24.0' 19.0' NG \ O 1 1I ry I \ \ I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS O COMPLETED NOVEMBER 27, 1996 AND THAT ALL CONCRETE MONUMENTS IS14lVp 4 1, 1 `� SHOWN THUS: ■ ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY \ O \ 1 (� \ �4'� P��� NE(�/J% SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT." \ W. AOt,ND t O t N j co S\ �.� 7 HOWARD W. YOUNG .7 L5. N €4 8 46893UQJ� PLANNING BOARD CERTIFICATION: � kz \ \ 5 0 \ .Q �LANOS THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED £ ' F \ Q 11 - 1 m I I O� \ \ ^o \ � 0� �/ / , 'q4H l 1 1 0 W °' Y IV` BY THE PLANNING BOARD OF SOUTHOLD. e'Wj @@m \A� p� O o Rsp I ON O� DATE OF APPROVAL CHAIRMAN - TOWN OF SOUTHOLD PLANNING BOARD �s APPROXIMATE TOP OF BLUFF / #� S^ \ '� 1 v I `r26., I z \ & COASTAL EROSION / @��a .� ?r MANAGEMENT LINE S/ aa�H o \ o ro ^ TYPICAL PLOT PLAN sn - - D o, s RIGHT OF WAY SO � .822. 2s, 7t M. Sy. — — — — _—— �3 IR A2' vnauTr vNE azo° S�v P TIE-LINE ALONG n / I° S6�S APPROXIMATE HIGH WATER MARK ' 1/D g 7 t // 42 \ L=34.83' �� rn 4 \ S6 B € R=25.00 2� w� a,? Q \ eg2 IS6j4g4" f a .µ:e \ss / trcj Gp � 086 r i N \ s MAINROAD (N.),S� RTE 25I �\ ro 4 160.2 S�32 Y CI S \ N 3 b \ G'32,• f �, ROAD %Ag ', � v 727 q0• ca9b t N N 14.ss' X073' NOTES: ENGINEER'S STATEMENT: THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE ACCEPTANCE Ai co 1221p, OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. 8g1 � ces • 1 HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR OtP m N TEST HOLE \ S A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED " e SEWAGE DISPOSAL SYSTEM(5) FOR THIS PROJECT WERE DESIGNED \ (\� i �' s. 3 N0. 1 a \ 23.38. `328'0p„ IN THE SUFFOLK COUNTY CLERKS OFFICE IN LIBER CP_ BY ME OR UNDER MY DIRECTION. BASED UPON A CAREFUL AND tut�e�er \ \ �� f 2, PURSUANT TO SECTION 278 OF THE N.YS. TOWN LAW & ARTICLE X\411 ` OP Lr OF THE CODE OF THE TOWN OF SOUTHOLD, THE MINIMUM REQUIREMENTS THOROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER 0� OtOeJe\ CONDITIONS, ALL LOTS, AS PROPOSED, CONFORM TO THE SUFFOLK Oc '16 'T v \ \ i FOR ALL LOTS IN THIS CLUSTER DEVELOPMENT SHALL CONFORM TO THE ' COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION \ P \. 'O ar° h \ I, FOLLOWING: STANDARDS IN EFFECT AS OF THIS DATE. Q rn 3 ^ LOT SIZE = 80,000 S.F. SIDE YARD = 20 FEET i+/ \ LOT WIDTH = 150 FEET BOTH SIDE YARDS = 45 FEET 0 �O N „Iry to U �`� \ FRONT YARD = 60 FEET REAR YARD = 75 FEET m \ % p� m g (O T \ THE PROPERTIES TO THE EAST OF THE SUBDIVISION SHALL HEAVE A ROAD .P t/ �� q (Ll TAP PERMITTING ACCESS TO THE COVE BEACH SUBDIVISION ROAD AT A THOMAS C. WOLPE Y.S. LIC. N0. 61483 d� Cly, N U 3 \ \ POINT WITHIN THE FIRST 600 FEET OF TREAT ROAD AS IT RINS NORTH h 4b Q !7 Ro \ FROM N.Y.S. ROUTE 25. USE OF. THE COVE BEACH SUBDIVISION ROAD BY ss N iv v icl TEST HOLE \ ANY ONE ACCESSING THE PROPERTIES TO THE EAST OF THE COVE BEACH CC) NO. 2 h SUBDIVISION SHALL NOT EXTEND BEYOND THAT ROAD TAP. hP 5 OCo c' Se 8 `" Q] <v U " (SEE SHEETS 4 OF 4) � � � C � SHEET 3 OF 4 iK r �` ' �1 v T.i 2�B 'P. CV h ^ a SITE DATA: OWNER: o@ °° 42g• CO rI'V V { TO 1, TOTAL AREA = 104.3532 ACRES COVE BEACH ESTATES LLC dy, 46, N Cb 'T OP rA( �O 2. TOTAL NO, OF LOTS = 12 C/O INTERPOOL INC. \�'OROFESS\O _ `\ kE (90 06 q ,3 I eN SP AR£q�9 3. ZONING USE DISTRICT. "R-BO" 633 THIRD AVENUE, 17th FLOOR 22� 6� S°SS S 1,94s CV NeT AR OE gR9"812 AOR 4. TOTAL LENGTH OF ROAD = 4631 NEW YORK, N.Y. 10017 � �e �6� 9_, 2243,35 \ MN o) ( A,4.00 35.1809 fS 9`5 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES \ ?? rn ro 2z4s'35.. wf 32s321so.6j, N y I 03 ACRfSAORfS FINAL PLAT HAUPPAUGE, N.Y. -2653 Do 3 MAP OF COVE BEACH ESTATES 26, 6, 325 32 (V DATE \ / >02� 56,,, G�26$Oz12242. 11g0p, At: EAST MARION Town of: SOUTHOLD \;\ p'8 ,2s2./ 8,X260 y / \ s 2jz •I6y Suffolk County, New York Otte e e l \ a' E 01' R, GG �9 06 1000 zz 3 9.1 0 THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT \\ i OtJ GO( �� TEST HOLE 4200 S 6 1/ I \ P/0 18.1 FOR IN THE \ O , G J 6�\� 6� N0. 3 O° 6b1 q4 20' , P: 1000 22 3 1B.� \ O N �i 2 \ Suff. Co. Tax Ma t0oo zz 3 iB NTH A TOTAL OF LOTS WAS O ` \6 Al E- p. 1 APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL \ �\,et�' 'De`'� `'',p. `'01,0 SHEET 1 OF 4 66a/• s36 I oA \ \ Dso-mt se�nnn elO�N Lot FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE \ R0. O u` 44.. 4' \ FEB. 5, 2002 TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO \. Cc O. TEST HOLE 336, \ JUN. 20, 2000 THOSE STANDARDS THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY `�\ QO , E �a 0': SHEET 2 OF 4 NO, 7 78 (�� 4' \ 1 NE DEC. 21, 1998 SUBDIVISION/DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK WITHIN \ 6211 LL 336• `?is O^ry -� �„� y FEB. 20, 1998 ONE YEAR OF THIS DATE CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS \\ \J \p ' r• �Q- qp W, : AUG. 21, 1997 . MAP ON WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY APR 10, 1997 51b� CLERK IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE .nn{ !Y:'a, loll DATE NOV. 27, 7996 a �b SUFFOLK COUNTY SANITARY CODE FECB 2qq 200t '1t.\q = iDD D iGD ,\ `O ..`�i/� n \ 4• -'. o, u` I .` 0- SCALE :1"= 100' bels" VITO A. MINEI. P E. ' O DIRECTOR, DIVISION OF ENVIRONMENTAL 8outholdTowm ONMENTAL DUALITY SAND S� JOB NO. :1 OF 452 O =Ea P� SHEET N0. :1 OF 4 336E 940452FM(6-20-2000) I O s Young & Young, Land% Surveyors alt 400 Ostrander Avenue, Riverhead, New York 11901 vtn aS 7�y- 0 631-727-2303 "�"e6a TEST HOLE b�Aa s i�uung LOCATION MAP Lot 6 NO. 2\ Z2 �s8 s8- SHEET 3 OF 4 §lbs Alden W. Young. P.E. & L.S. (1908-1994) /N co ��, 9• Lot 4 Hward W. Young, Land Surveyor Bung soG o aoD sio \ �0, 6', Oe2 RV,S [\73 Thom oJohn Schnurr,PL Professional Surveyor°0 q''g' ymnninq FLot 5 2S°O 45,06 SURVEYOR'S CERTIFICATION: \ . [ca ti ;:vgmrennq \ �6\Q 9�62 SO ss S 7243.35" THEHBRED NG BY CERTIFY ZONE ORDINANCELOFSSHOWN THE TOWN OF SOUPLAT THOLD.OMPLY EXECPTnAS TH o auru.glnq N `� 'MODIFIED PURSUANT TO SECTION 278 OF THE N.Y.S. TOWN LAW AND 243'35.. W 3753215081, ARTICLE XVIII OF THE CODE OF THE TOWN OF SOUTHOLD." IDA @� C,26.53 Lot 7 x / �61S0, 3j$3y 1 HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS S6,• C-263021]>q2 Lot B Lot lO / � 11p'00' SHOTED THUS: 0EMBER 27, 1996 ACTUALLY EXISTAND A DTTHEIRAT ALL POSITTIIONSE REfCNUMENTS ORRECTLY cP. Ly CcpS / SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT." (\� R'?Zs0 [`5g o6. / \I „�. 4o<'c" Je`l o e \ O� E s� TEST HOLE �2p0.00 s 6so ./jg.�°. ay=l 61�616'S / a > N B6 144•.f 6 Lot 9 u°N� 1 \ \ HOWARD W. YOUNG, . L.S. N . 45893n �ys \\ o�e(o �e`�� POJ, rn.oo SHEET 1 OF 4 °1'qq,. ?sq• 1 a; a PLANNING BOARD CERTIFICATION: N O' SHEET 2 OF 4 TEST HOLE '?36• [` 4, 1 \ �0 �( t? 6's NO. 7 \ Q° \6 6 S b.° `\ \ I\ THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED oR9& 11 F' 1g`?3 �`?i r d Cti^ \ \ BY THE PLANNING BOARD OF SOUTHOLD %�. DATE OF APPROVAL CHAIRMAN - TOWN OF SOUTHOLD PLANNING BOARD ,a5 u / TYPICAL PLOT PLAN: co �p` TEST THS E O '� GJrJ� X15 ii p. . 'AELL o \` m q,� o ?o v o� 5 OPEN SPACE W og ;� ~: G o 3 . 5 0° PARCEL A n Z rs 19.2983 ACRES \ w °' yn°° g g n s _ 1 Qp Q WETLANDS Z a N a i n (NYS RTE. 25) _ � p MAIN ROAD RS \ \ A M•MiExG fGp9 MLd pa� �ry O� /'/i \ 1 \ OHO V ROAD IIgKa SO B• TEST HOLE " 5°' 2088' . s � m os 2gc; '!T ➢ \ OR F, \ BR ENGINEER'S STATEMENT: �` \ A,1,bb `` dealt Z N 65 N \ NOTES: • 1 HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR \ , tr• THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE ACCEPTANCE SEWAGE DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE DESIGNED N BY ME OR UNDER MY DIRECTION, BASED UPON A CAREFUL AND �O, x OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. THOROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER \ oZ 3�0�. 4 ��, \ \ CONDITIONS, ALL LOTS, AS PROPOSED. CONFORM TO THE SUFFOLK • n 6': O A DECLARATION OF COVENANTS O RESTRICTIONS HAS BEEN FILED o m N Q IN THE SUFFOLK COUNTY CLERKS OFFICE IN LIBER CP o COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION Opo NON O 4 \\ o N STANDARDS IN EFFECT AS OF THIS DATE. ` 0 -13 O O \ m S ` PURSUANT TO SECTION 278 OF THE N.YS. TOWN LAW h ARTICLE XVIII ` O O -0 \+ II a -O \ OF THE CODE OF THE TOWN OF DEVELOPMENT THE MINIMUM REQUIREMENTS FOR ALL LOTS IN THIS CLUSTER DEVELOPMENT SHALL CONFORM TO THE p O� � 2 \ � cmn v � � `\ FOLLOWING: S �Op./G N>. �i9 \+ TEST HOLE m rn n 3 \ LOT SIZE = 80,000 S.F. SIDE YARD = 20 FEET n, O > \\ N0. 8 THOMAS G. WOLF E(Q/ LIC. NO. 61483 \ O^,�. p >• \ LOT WIDTH = 150FEET REAR SIDE YARDS = 45 FEET O o G �O, + >S. �O/ � FRONT YARD = 60 FEET REAR YARD = 75 FEET '`"' g " < G`, W Y� {' G 20RIGHT OF WAY jos .0c��* 4.�-` \�\ o o , SITE DATA: OWNER: SHEET 2 OF 4 0 0 1. TOTAL AREA = 104.3532 ACRES COVE BEACH ESTATES LLC GQ '3 2. TOTAL NO. OF LOTS = 12 C/O INTERPOOL INC. aa . 3. ZONING USE DISTRICT: "R-80'• 633 THIRD AVENUE, 17th FLOORam � ESSIONP� 1>_ W� \\* SHEET 4 OF 4 spa S 61485 n NEW YORK, N.Y. 10017 4. TOTAL LENGTH OF ROAD = 4631 x e FINAL PLAT SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES \ e(M\� \ - HAUPPAUGE, N.Y. � � 'r � -3729 WET - MAP OF COVE BEACH ESTATES `\ o< f5 ?o �o(P. /A'• \\ OG oho`, \\ LANDS �` - - _ DATE oo-'N Necti`Oo / , + OPEN SPACE \ \ At: EAST MARION Town of: SOUTHOLD \ � F � Suffolk County, New York OrSV /_ o°e y� \ PARCEL B \ — NEW 000 22 3 91 0 TEST HOLES: G SP \ /- o / o� + 41.2465 ACRES s s �� y loo 22 3 P/D 1B.1 OPeIry o 22 3 18.7 THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT \I--- \ \ y �S > a, FOR IN THE / • N� U % 1000 22 3 18.8 TEST HOLE TEST HOLE �� N \ \ /.� - > co Gldo-2e srrnor ela�A Loi WITH A TOTAL OF LOTS WAS TEST HOLE \ ��• N cow O, N0. 7 N0. 8 / \ x FF APPROVED ON THE ABOVE DATE WATER SUPPLIES AND SEWAGE DISPOSAL N0. 4 d��� >>� �`fl' ��' FEB 5 2002 FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE OD' D.q' 0.6 \ LOAM 0.5' Vol- g \ TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO LOAM snrvoY °'U• � �'��° p JUN. 20, 2000 THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY LOAM 6'. \ > 45893 �O 4.6' 2's' iC "Y � " DEC. 21, 1998 SUBDIVISION/DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK WITHIN SAND \ 00- Y S�LAND SU` FEB. 20, 1998 6`y3 ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS m 0i9 OR SILTY / \ _ y ' DATE NOV. D, 1996 b�&F MAP ON WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY 1'V�L'�r"y���-/ rn 0 SANG k \ � C ,qD 0 too �ad� CLERK IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE SAND k cRANEL `P n- GRAVEL OR. WATER R'� \ SUFFOLK COUNTY SANITARY CODE. / x n cR. WATER qA' SCALE :1"= 100' �R�" ' JOB N0. :94-0452 �ssj VITO A. MINEI, P.E WATER nD' go, SHEET NO. :2 OF 4 O �� O DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY 940452FM(6-20-2000) o o Young & Young, Land Surveyors fig: 400 Ostrander Avenue, Riverhead, New York 11901 2; 168q. 6 S > 631-727-2303 k�9 ljuung LOCATION MAP o »' ��320'32„ E S+s= s A D,n 1V. Young, PC' 4 I. S. (1968-1.994) E = Ifnumrd W. Ynuug, Land S'urueyor OLIn L, ,InlC. SC1lp PrP`,', Lnnd Surveyor - - O ^ / ^ Y'homas C. SI,hnrt. Professemnal Cngirueer pinnxlx0 \ e3 8 14.ss S X023, I `Y, 1/V'` 275 39" SURVEYOR'S CERTIFICATION: 7>>.70. L ' 1I `/ p I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH o ��YII `^' ND THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, EXECPT AS MODIFIED�23.3g, ,328'00., E SOUND J) ARTICLE XVIII OFATHE NT TCODE C OIFF THE ON 8TOWN OF TOF SOUTHOLD." LAW AND 22,'�3, S ;76'56'14" E " I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS X7.0 708.1y, pF NEIN COMPLETED NOVEMBER 27, 1996 AND THAT ALL CONCRETE MONUMENTS 673 627„ ,��( YQ SHOWN THUS ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY 1 \ 6 E ,lP o.O W. Y 'Qc SHON AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT." ^ \ 106 270. 795 8249'39" E l r7 y�w� /� � \ 83 9.54' I * � O a�p4✓d/FL+�� "w / HOWARD W YOUNG, L5. 45893nGm j//% /�/ 42• E - / 321.20' \ `�OIANOSVP/ PLANNING BOARD CERTIFICATION: gs'Az TEST HOLE m THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED Lot 6 a N0. 2 n'� \ \ OP T BY THE PLANNING BOARD OF SOUTHOLD eo P' U Q SHEET 3 OF 4 \ PA FN SPACE 'a =" o t� 3 \ \ RT pP C 0 49Co ^`Y' pP TQ TAL A 1p \ \ \ DO N o -o DATE OF APPROVAL CHAIRMAN - TOWN OF SOUTHOLD PLANNING BOARD E � 0 N 1p 3 � E�SP R � 2 TEST HOLE \ ^(p 3 � N Lu NE CE 181 No. s \ A RE ACRES ( � \ L, A�4.ppp 8'1809 Ls \ � ° TYPICAL PLOT PLAN: 'R�F N „ 3 A ACR \ ".' G CRSS ES \\ � L> 14 L3 z i � 3 L�26 53 C,26 C,/>> 11 00p, m 3.02. 42• ro S 2 ./ rn"renn uxe L m25> >11>'16" E 228,1j. / OS 66.0j. 9>0, 79'06 OS' \ ro // lV E O l 66 a .. 3R", n \ 4 \ 1 L10 �\�, /X�j SHEET 1 OF 4 SHEET 2 OF 4 TENT H7 E 33fs � A• a / / P 'µ. - l 2 vp a 1-IT6'I: N.,s arE?5� �o.' 1T � \ MAIN MAD_ S �EncHlxc ams '^ d �� 1 I N TEST HOLED: �� p ROAD sae. N 'm (EST HOLE TEST HOLE fj 0 7 WETLANDS / 1 ��� No s No s azo¢ SITEST HOLE / / !A TOPSOIL O.D' A !U 00' €Lo„sn 0 o a NO 5 j / 0.5 z ENGINEER'S STATEMENT: " °' / O SANDY HARDPAN ENDS LOAM r"9$ ` 7'0 HARDPAN 7 0' _ \ _ v HARDPAN h SAND • 1 HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR la NS \ — e ROCK 9.0' NOTES: SEWAGE DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE DESIGNED \ \\ �a L17 gl, 6 OR wA1ep t0 a' cre, WATER 12O' 9°�g56 � A�9 _ J / / I, �ti N ere0vm THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE ACCEPTANCE BY ME OR UNDER MY DIRECTION. BASED UPON A CAREFUL AND /� / LARGE SAND e OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS THOROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER tJ5 90 �y Ilj\/ I,n GRAVEL GRAv L CONDITIONS, ALL LOTS, AS PROPOSED, CONFORM TO THE SUFFOLK 1 N 1s.O' 150' A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION 55 1 J m IN THE SUFFOLK COUNTY CLERKS OFFICE IN LIBER—CP— STANDARDS IBER CPSTANDARDS IN EFFECT AS OF THIS DATE. °° OPEN SPACE N 0K7�'d °o PARCEL A \ " PURSUANT E SECTION 278 OF THE N.Y.S. TOWN LAW & ARTICLE MVIII LINE E WETLANDS AS DESIGNATED OF THE CODE OF THE TON OF DEVELOPMENT THE MINIMUM REQUIREMENTS O � ( N \� FOR ALL LOTS IN THIS CLUSTER DEVELOPMENT SHALL CONFORM TO THE A 19.'2983 ACRES BY THE N.Y.S. D.E.C. IN 1984 �\ 21 L22 L23 j/ � FOLLOWING aj \ LINE N0. _ BEARING DISTANCE THOMAS C. W N.Y.S LIC. N0. 61483 ,D` ^ - - - - - - _ —_ '\ L SS 89'19'53" W 73.94' LOT SIZE = 80,000 S.F. SIDE YARD = 20 FEET \ L2 N 75,37,52„ W 48.78, LOT WIDTH = 15D FEET BOTH S1DE YARDS = 45 FEET NEIN v _ FRONT YARD = 60 FEET REAR YARD = 75 FEET .� y ,.1`" n� \ /,O _ L3 N 87.59'45" W 58.54' ,`Q' gC 4y C�9 �/ Iti _ _ s.� L4 N 89.33'38" W 37.38' " a L5 N 63'46'47' W 46.02' * TEST HOLE _ U52 L6 _. N 85'42'49" W 63.84' SITE DATA: OWNER: " "a S 89'43'34" W 52C 88' N 89'05'36" W 450.01' `'�� L7 N 66'04'49" W 28.08' 1. TOTAL AREA = 1043532 ACRES COVE BEACH ESTATES LLC S=T No. a 1 3.77 3 .E 2.rn i _ L8 S 33'5052" E 180.80 2. TOTAL NO. OF LOTS = 12 C/O INTERPOOL INC. 2 . \ N 87'08'46" W N @ _,[9 / L9 S 18'42'D2•' E 110.06' 633 THIRD AVENUE, 17th FLOOR a" 1463 V ^ r 1 — 4 TOTAL AGLENGTHUSE ISOF ROA R=84631 e3 L10 N 89'10'25" E 85.79' NEW YORK, N.Y 10017 �OFESSIONP m L11 S 38'23'13" E 81.33' a s Pz L12 5 24'16'05" E 73.11' ° ° 90 o L13 _S 51'10'48" W 49.25' o L14 S 32'39'33" E 58 55'___.._. FINAL PLAT SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES s �� U us_._ s 2804'43"W 53.12' HAUPPAUGE, N.Y. L,6 5 6254'2," W 46 53' _ MAP OF COVE BEACH ESTATES L17 N. 77'57'36" W _ 146.19' o o m ---L1-8--S-63'05'10"__- W 64.68' At: EAST MARION Town of: SOUTHOLD DATE M a+, o L19 5 04'56'12" W 73.36' Suffolk County, New York 0 0 o \ f L20 5 23'1855 E 58,90' z 0 N "OS 4 1 ` GOA L21 S 55'48'53" E 32.68' loon z2 3 91 0 THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT r n T O^ \ ��^^i N 86'48'55" E 82.98' 1000 22 3 p/o 18.1 1000 22 3 18.7 IN THE !I m L23 S 75'54'56" E 68.05' Suff. Co. Tax Map: 10DD zz 3 tae FOR io n O DI"�.", sm" el"a L"e WITH A TOTAL GF LOTS WAS O, , 1 _ L24 N 55'39'06" E 61.71' APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL nm N O� \ 1 L25_ _ N 14'48'34" E 92.74' FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE \ L26 __ N 53'31'16" E 24.33' TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO �- GCS ? L27 S 0039'07" E 39 3 ��� NB,Y THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY O 1 1 L26 S 1106'27" W..— 49.53' O W' Y FEB. 5, 2002 SUBOIVISION/DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK WITHIN \ ONE YEAR OF THIS GATE CONSENT I5 HEREBY GIVEN FOR THE FILING OF THIS i`1 20 \ L30 S 19'S5'D3" E 106.62' JUN. 20, 2000 MAP ON WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY 0 1 L30 S 56_03'02" W 48.86' �'' 2 FEB. 20, 1998 CLERK IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE 1 L31 S 7001'86" W 61.30 00 DATE NOV. 27, 199fi Da y,g� o $ \ L32 S 79'24'50" W 79.63' , SUFFOLK COUNTY SANITARY CODE _ Ac s„tea L33 S 16'48'29” W 20.47' N, S y$�- d SCALE .1"= 100' FDLANOS�P JOB NO .94-0452 .S SHEET NO :3 OF 4 VITO A MINEI, P E P- 71 0 DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY 940452FM(6-20-2000) %/ Young & Young, Land Surveyors J Nom. u`, \` \ 400 Ostra.n.der Avenue, RAverhead., Neva York 11901 ' G _n 111,111 OF WA, � ' O ` v - 631727-2303 i�p1 'l�iu �ny LOCATION MAP `� �!- ^: gg� Aldc 0 0 ,e R Yovng, P.E e L s (1,908-1904) SHEET 2 OF 4 = _ Howard W Young, Land Eierveyor > i\ Th.oneas C. Wulpert, Professional Engineer \'i \ Jahn Scha,vur, Land ,Surveyor ♦)In^xx,� / �„ �. Rl cP� ;\ TI SHEET 4 OF 4 ^9111.•^^° I a� N� °° SURVEYOR'S CERTIFICATION: p / Np \ S N ��Z,76, , HEREBY CERTIFY THAT ALL LOTS SHOWN ON TI115 PLAT COMPLY WITH p T\y ` \ 'y ^ tP�/. w' _ — THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD, EXECPT AS (OT���L �6'. \ `Q RR 2• `1290 WTL - - \� \ ARTICLEMODIFIED XVIII OFANT THE TO TION OF THE 278 OF TOWN THE SOUTHOLD N LAW AND Co<P' ANDS �AeO �QtiiOn / �� V �/ COMPLETED NOVEMBER THAT THIS MAP WAS MADE BY ACTUAL SURVEYS OPEN SPACE / GO�S�t / SP ,,e -A \ PARCEL, B \� / Q����pW Y �� SHOWN THUS: ■ ACTUALLY EXIST AND ANHAT D EIRALL POSITIONSEAREMCNUMENTS CORRECTLY HNC, v p A rt A P'- SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT" Cpe� 41 .2465 ACRES NIVn �s � u= v� \ Nn a. s py / i '. / ,/' 'N, °' Q HOWARD W. YOUNG, IN .SLS N 5893n ,'/ ' , �' 'P i,, i, 9 \\ > /� , , — L rn, LAND PLANNING BOARD CERTIFICATION: 1 i 0. 'S. THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED 'q�,I� BY THE PLANNING BOARD OF SOUTHOLD ..".b �l 'F - / / / i ilii. A w� °say is j, i �//. : / ', j "..,/ /,/i / " DATE OF APPROVAL CHAIRMAN - TOWN OF SOUTHOLD PLANNING BOARD ///� ' i r ' i ///' / �, 7 8 \ @J IT T. "-! �, , '. i . i„ - \\ �o TYPICAL PLOT PLAN: Wig=` i " � - , i " 91 L� \ 16' RIGHT OF WA, Vo LG x.1111 EHE 5. NO a�5 m /ii; �, % ( �I \ P o�251 x W� wg gni ,H � / 10 a F Q\. e 6 \ T A, N6 d 00 Sz �. E — inYikx N O A. Al ES 's8. ' �F �enwixa was 8oe TT r1 A ROAD HBnS \ - O \ vQ\. NDSly, P Z`,9c ' Ilis �� E 'o ENGINEER'S STATEMENT: O 0. S71-56,�q•'W LP • HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/DR ° - O 0 9 9 V� 14° W r'o`. SEWAGE ODISPOSAL R UNDER MYSDRECS) FOR B THIS PROJECTPON A WERE REFDESUL IGNED 1TS �: �'ol 65\�14 tJ > 21678BY ME 5.42 I 5 ,j 58204 h v1 - Z Ria` NOTES: THOROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER S 05 p o 4 29 �" 5 72 5Z? \ �6': CONDITIONS, ALL LOTS, AS PROPOSED, CONFORM TO THE SUFFOLK THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE ACCEPTANCE O� Pr00' 7g 5 7g 29,541 N1 5X43, 5g � j OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION / A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED STANDARDS IN EFFECT AS OF THIS DATE / �G O 4 N ', IN THE SUFFOLK COUNTY CLERKS OFFICE IN LIBER CP \ T >G PURSUANT TO SECTION 278 OF THE N Y,S. TOWN LAW & ARTICLE XVIII .Q \ 5 �6•'l8 D4 v �a� 'v v p OF THE CODE OF THE TOWN OF SOUTHOLD. THE MINIMUM REQUIREMENTS FOR ALL LOTS IN THIS CLUSTER DEVELOPMENT SHALL CONFORM TO THE 3 \ �00-. o °f o E OLLowNc: THOMAS C WOLPERT, P.E. N,YS, LIC. N0. 61483 rs�',",fi+" G v , c LOT SIZE = 8D,000 S.F. SIDE YARD = 20 FEET � NE \ 3 n° u',j 2310 LOT WIDTH = 150 FEET BETH SIDE YARDS = 45 FEET FRONT YARD = 60 FEET REAR YARD = 75 FEET orEEESITE DATA: OWNER: :ami r O UP ,_. , O N 1 TOTAL AREA = 104.3532 ACRES COVE BEACH ESTATES LLC y,py� 2 _ ` N CD. F 2. TOTAL NO OF LOTS = 12 C/O INTERPOOL INC E sS 0 6Ta8(j ?� , O O O O ,L / 2 O. -- 3. ZONING USE DISTRICT. "R-BO" 833 THIRD AVENUE, 17th FLOOR z�' ,m `V n NEW YORK, N Y 10017 OCVPN' FIE � ; ,�ILH-L r 4 TOTAL LENGTH OF ROAD = 4631 SSIo da / 1,' = CP o { NN 55 NN. SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES 9 e �✓ o S 0� 2\ FINAL PLAT Po MAP OF COVE BEACH ESTATES e -- - HAUPPAUGE, N.Y. �eohooI y'ronNf.E, =uc+�, \ 7 o r -� ,-� At: EAST MARION Town of: SOUTHOLD DATE Suffolk County, New York . ,,w� � ' $03'14. W S 83'0314 1000 22 3 91 0 THIS 15 TO CERIIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT ,\ ux„i 1000 22 3 p/1 781 FOR _-- ._ ____ IN THE ^ 5� 1000 22 3 18,7 _ _ WIT-I A TOTAL OF------[OTS WAS �QZ ` ^TC L Suff. Co. Tax Map. 1006 zz 3 1e.e APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGL DISPOSAL 1�C K 1 G c��Incl szcecn ema ��, FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE 1\'v J ( ` -'"W TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO NEW THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY A 1�1 R O SUBDIVISION/DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK WITHIN H ,V ✓ ONE YEAR OF THIS DATE CONSENT 15 HEREBY GIVEN FOR THE FILING OF THIS {��� ^�W r� : FEB. 5, 2002 MAP ON WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY * = 2� * JUN 20, 2006 CLERK IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AN THE FEB. 20, 1998 ” DATE NOV. 27, 1996 �-ab fULAND`'�P,o £.�°-sEENDNo. a4oF14a2 . .. .I,°° goz 6 JOB SUFFOLK COUNTY SANITARY CODE VITO A MIND, P E s DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY O I 940452FM(6-20-2000) O II IS ° ° Young & Young, Land Surveyors , 400 Ostrander Avenue, Riverhead, New York 11907 11 1�II]IIIIj 516-727-2303 '99. X. II IIn Alden W. Young, RE & L.S. Surveyor 1994) dee@ 11 g Howard W.of Young, essi Surveyor i"P� Thomas C. Walpert, Professional Engineer Kenneth. F. AtnvG.so, Land Surveyor 54a0 plunn nD John Schmi Land Surveyor S",hie,F"9 �ES'e 9`" 11 [3¢5 S-1,"I.q LOCAl10N MAP BGD D ... S 83'14'46" E UP 28.26' w S (L OIL -- - ---_ 2S , W 0 �- ------ 2p48ss••F �W: I --- - -- o m LONG 0 -'-------___ S 5LgN0 1 � -"I'----- 7, SOUND 1 O O, i `t i- "' i� S8S-, \ �c 1 1 1`_-_- I /� I S I p 1 0 ____ __ , ,, , \`• \ \ 0 1 1 -Z I - \ III, i \` ", \`If \ \�` `\ \\ \ \` \ ' 3 ;31 I -I I -10 3 1 L I I I d 1 t` \ C,"I \ - _',< / i `\1I \ \ ,\ \\\"\ � \ o Y \ 11 \ \\_ I: i \ L 7 7 I I\ l ,'f I , ' `\ ` \ Q 'C `\ �" 3 I a \ O I OI / __,, ' / I II I I\ Yn \ ,i , - _I \ \ I ,�''' APPROXIMATE TOP OF BLUFF A o \ ° '3. o i-� %/ 111\ 14r, \ ,' \ \ �� & COASTAL EROSION /J / //�� \ ^.F \ " \ ,1 11 /s� .i` \\ �Ii `\\!� \^U3.'\. -/ I \�`\\ ` \ \ MANAGEMENT LINE /`" 1 N \ O 1 III ` \ \\ \' I `\N1, , \ _ ,I \ \\ \ l 11 \ _ i/ III P" �\ I \,•', \\\\ �I \,`\` 'll Tr i , \II 11 11 \. \\\, �:\ 1'\ \\ SS4• RIGHT OF WAY \ ``0 \ - _ - - _I1 _ ' 1 \I II .\ M \ `\\\ `, \A, i /\\ �'1I III ---I \ ` 7A22S SO \`\ I , i � AN I \\ \ pl\Y, II/ 1 II I\ I \\ I ;\\ \ 2°. 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QO nA V\, �v I vI _ 1I ", a` _ , ` _,3.9____ __ _, _ti. _ Ll S 89'19'53" W 73.94' I �I O< S POA GOAp / Yv �•I ,v / v � ,r AIH "Avv�-_ , , - O Z-_z ',A �TLAND O �_ -� _ v L2 N 75'37'52" W 48.78' o`N �e rO i v �',___---=-c„ - - ;.A _� L3 N 8759'45" W 58.54' P O Ot` > A \ ` I __-- _ 1 / To. 1 w -s3. �__ _ _ 0A 5�v L, G7� V 'I i /' ) OPEN/SPACE ACE i I, ' HE = 43., v 0A ti fl 1 I _ o. ___ , F tQ 1,_ ^_' L4 N 89'33'38" W 37.38' pn9 - ' o0e' V v y, / I_ I _ �� ��,y✓`�ETne�6.33 ' - 'PF> cf:L B ,, I I.J.�="-__ _ ' z -\", L5 N 63'46'47" W 46.02' I G - So I _ ( '-- 1 ' _ %� m s_ v ,` L6 N 85'42'49" W 63.84' e O \ + -r1 ! - I / CB 9` \ q `�\\ LP -----; " I-,. \I` L7 N 66'04'49" W 28.08' \ / "09 n / T \ 111\ I'-( _41.2463-ACRES It I /� i/ STA. Oat75- \\ \\ �" 1` � x , 1 � , \ .+ l I �/ T.E. - 650 . e A N l /, 11 1, - 1 � - / "'(,' r - \ >a� __ _ 1 L8 S 33'57'52" E 180.87' 9 Z \� r) \ \ . II > _- ,, , I I I L9 S 18'42'02" E 110.06' -L A /_x ,``, , II 'r 1j- -----------1 ; `p Vol o. , ,\ , v / `------ - 1 -j LP - , L11 N 89'10'25" E -- 85.79' \ ' i I GBS' 8 > v s, :'-' I �/��% L11 S 38'23'13" E 81.33' c3 ,`� --I I--r-' - ' `(�(y s A. )a,+ °° .� v ._T- '' ' _ L12 S 24'16'05' E 73.11' 01 \L�"+w r ( `" 1 \ Tla a 19.90' 6P.6's \- I rn, - _T -_ ' I �» uE.r= 65' ^( _ L13 S 51'10'48" W 49.25' ..I��J� 1\ 24' OF 16" PEP O 1 000). I \ I / ^----- L14 5 32'39'33" E 58.55' �F �� , ^N`s \\ i I i f �C ', ___________ Lis S 28'04'43" W 53.12' / i r \1 / I- --- L16 S 82'54'21'_W ._ 46.53' \\ I, / 1 \ ,, I____ ----- - L17 N 77'57'36" W 146.19' L18 _ S 63'05'10" W 64.68' \ l _ ; i ' II L19 S 04.56'L W 73.36' \ \\ ` `I I\ \ CB 7 \ w II L20 _ S 23'18'55" E 58.90' \ I} I 5TA. 13 +100 I - L21 S 55'48'53" E 32.68' vo- $ \ -_ I `, / T.G. = 13.60__ \ I 9 L22 N 86'48'55" E 82.98' / IE = tae-' 0 \ ', II \ LP __- --_� L23 S 75'54'56" E 68.05' / \ \ 1 ---- \ 4 P o L24 N 55'39'06" E 61.71' < \ / `� --__ L25 N 14'48'34" E 92 74' \ \ " , ----` `" ---__ Ls_- p L26 N 53'31'16" E 24.33' �� \ 6 II �\___ L''3.+; L27 S 07'39'07" E 31.57' B y' \ --- m L28 S 11'06'27" W 49.53' gy9 01 �f1 V�16 RIGTT OF WAr III �' ----- _� - F � L29 S 19'55'03" E 106.82' area \' �'zr of 19" P \T1 a0ox �o*R" L30 S 56'03'02" 48.86' \ , I R CB` 6 7 L31 S 77'01'56" W 61.30' 4g N \\ ', CB \5- r. ToA" 10sa.2,J 0, . L323 S 79'24'50" W 79.63' 5g-,- \ i' I.E = 1824 4i L33 S 16'48'29" W 20.47' e;g. {. STA 10 + 0 D=8 / 0 \ -----__-_ To - 2324' 1'`, q° < On r9 "'. 01 6 "`1 " _--''�� - ^`II I-'�I v� Oma' p _ - 16' ASPHALT PAVEMENT s UP (0__ /� BOG I' f bill, I`CFZES \IF \\ r NOTES: w. Nm 6� \ 1 1 ALL CONSTRUCTION TO BE IN ACCORDANCE WITH TOWN G-^-•. m. \' s\ ` ' OF SOUTHOLD HIGHWAY SPECIFICATIONS. s 2. CONNECT ALL STORM DRAIN POOLS WITH 15" PEP PIPE. �\ '\ 3. LOT SIZE 80,000 S.F SIDE YARD 20 FEET O \ - °I° �� &/ _ \ \, LOT MOTH 150 FEET BOTH SIDE YARDS 45 FEET F\ �7`� \ ,Aa+ FRONT YARD 60 FEET REAR YARD 75 FEET 0 ,P NI I" 1, 4. THE MINIMUM SETBACK FROM THE TOP OF BLUFF IS 100'. N 2� / o __ '/ 269 1 O O. __ I 0�O 4 149. A" \N ' '17 58'14 W J1 `,P 24' OF 18'PEP o 0.00oa I,& a - L°\ 5\p "g w " •''i17'2 42 --''- - 5 'j2'5 52. 4 \ \ v+ `� 6 ate_ 9`5 W 95 5"- \ 5 2 I - I rn� / LEACHING SYSTEM B LEGEND: / T f t>` S 7 , ,5 7431 \FJ9-, 1 \ 4 / (9) e' DIA. x 9'EFF v`TN CB = CATCH BASIN I ,' STORM DRAIN POOLS MH - MANHOLE O` _ / I _ - I PEP = N-12 POLYETHELENE PIPE ,-I 180' 4•• \N \ Ti 1 - __ I \ \ \ , CB #4 o \ 5 ,6.28'0 , I. Nt?, __� O \ " ic'j2330' F. \-p\. C __ \ \I . p (\`1 �5 0 1I b10 LE =1e 33' � """ 0 N ' � 00` \N CB \` o ° '` 630; 4 FINAL ROAD & DRAINAGE PLAN D ro,A.wP 0- , �F. \ o \ ° ' SEA.°a �� tip` COVE BEACH ESTATES / � / or EOT`�eM �F o \ gyp, ,N SuffolkSCoMARIONew York of: SOUTHOLD fig* npW I�\n9 \ ^� O \ f,O�l \\I i� 1000 22 3 9.1 O\ 2 "r _- , O \ 6 3 \ \ ' 1000 22 3 P/a 18,1 \, D"olLwr C/ O O c� \ }P, 1000 22 3 18,7 ,i \ � '`z T -^ N I `A>+ 1000 22 3 18,8 .� - 0 0 , I ,p- -, Suff. Co. Tax Map: 3 � \ �' �____� I -G 1 y, j \ \\ 24' DE t6' PEP a aDD6R PLAN TEST HOLE TEST HOLE TEST HOLE TEST HOLE TEST HOLE TEST HOLE TEST HOLE TEST HOLE zL \ - /0 � N� � 6� H' 6L I N0, I NO 2 NO 3 NO. 4 NO 5 NO. 6 NO. 7 NO. 8 e mf - �f O o \ I 0,0, DP DO' DD' Da' 00' DD' LOAM 0° to, .G ,O CB 2 o \ LEACHINIG SYS M A_ �� NE(-yY TOPSOIL 05. 0.5• Oe,\' I nsveal'I Parv[wnY '� o LOAM SANDY LOAM LOAM SANDY `` 6 (B) 8' DIA X( ,0' EFF. DE \ N ` STA. 0 + M 05 _^ 2.0' CLAY SANDY HARDPAN LOAM 29' Pre N\ STORM DRAIN) POOLS '1 l ` I.E. 16 20' r��\H✓w' Y FINE 4.6' LOAM � / ' I 1^` > TC 21.16' SYYY"' O SAND 70' SANG 60' 60' 5D' 70' HARDPAN k - y^ LOAM GRAVEL y b 8.0' k SAND HARDPAN k SAND q 0, GRAVEL SILTY _ z ^ W T Go, h ROCK SANG L --- 3' G. SANDY HARD SAND k OR WATER 10.0' _-- _ CLAY PAN PALE GRAVEL GR. WATER 12.0• GRAVEL I ___"____- I GR WATER fi I \ 0 00 SAND areowN \ ,\ I,op"e'.ms' < O . OR WATER 180' µ111.I LARGE SAND a GR. WATER 94' \ /� 5) OR WATER 200' cSARo GRAVEL GRAVEL GRAVEL O L SAND k .RAVEL RTE GRAVEL 220, & ONES 23.0' 100' NO WATER 17.0' 15.0' 15.0' 8.0' 10.0' \ D ��`/C I FDLAND`'� ,1( J CB 1 � 0 A STA 0 + 44.05 I� HT.C. = 21.16' M AIN IF = 15 20' P��pF NEl7rY p .pp 1 ��g0 wWOlj- 1 * Z * FEB. 5, 2002 E".eb JUN. 20, 2000 `e'g. Ly ' MAY. 25, 2000 e9 �„3.e Ill DATE MAR 09, 2000 Bi'W j46 SCALE .1"=1 DO' so.. °q f Pj oe No. as-Dasz s. °fE881DN SHEET NO. 1 OF 2 99�L OO 0' "94452FRD-new" ° Young & Young, Land Surveyors Lo 400 Ostrander Avenue, Riverhead, New York 11901 HIGH POINT ELEV = 25.00 516-727-2303 'I�DUUJ HIGH POINT STA = 7+00 'Ag PM STA = 7+00 li" 'I�DUttLJ PIA ELEV = 25.10 PPVI STA N ELEV =123.30 Alden W. Young, & L.S. (1908-1994) gj�� Noward W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer tiy, Kenneth, F. Ahruzzo, Land Surveyor by9, pmmm�q John Schnurr, Land Surveyor 50' ? o ¢ £ng,nr.rinq 50' 3R Surveying + O + O O O r O N + O N U ry T M O N 20.90 g g g N g 0.6 )0% PROPOS D GRA E -0.( 00% - - - - - - - - - - - XISTING GRADE 300' OF 18' PEP ® 1.530% zo N C #3 1.F. C #5 I.E.=18.48 C IN L ACHING SYSTEM A C #4 LE.=18.33 LEACHI G SYSTEM B C #6 LE.=18.24 BOB 0 LLJ CB #1 I.E.=16.20 z } CB #2 I.E.=16.20 C4 z m0 0 m ON ON 10 ON ryp'I NNN NNN ONN�N NNcNj Nry0NN 0ry0NN NN N 0N 0N N MN N O 'N N 0 N 0 O 0m00To 00d "i oJ „j N 4a1i nm0N0' NN N DATUM ELEV -10.0 0 0 o a o0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 + + + 0 RD TO HIGH POINT ELEV = 21.65 HIGH POINT STA = 21+05.696 LOW POINT ELEV = 18.89 PVI STA = 21+00 LOW POINT STA = 23+63.889 PVI ELEV = 22.00 PVI STA = 23+75 q LOW POINT ELEV = 14.39 PVI ELEV = 18.50 Fye LOW POINT STA = 15+99.206 ' PVI STA = 16+00100 E_1 PM ELEV = 14.00 ' 100' x:96 B 100' o + O + ra N S$D O N N M NN{" S €8 N N + Do DR N R N U Qa ;i 0 o g > g yea + + a g n a m XISTING DE GR A -1. 509. / -1.2739. 2•< _` 1.6071003007 GRADEPR POSED 30 ' OF 18" PEP 1.4257. /GB #7 I.E.=13. 9 345 OF 18' PEP ® 03007163' OF 1 PEP ® 0.300 190 C 18" PEP 0 0. 007.145' OF 18' EP ® 0.300% MH C I. .=9.18 CB #8 LE.=13. 5 MH B I.E.=7.87 CB 13 I.E.=9.90 CB #9 1.E.::6.50 CB #11 I.E.=8. 0 CB 14 LE.=9.66 CB #10 N,W .E.=7.44 CB #12 I.E.=8.16 r0 ^M ON NO] �O I(1M NN ,n,N 0a, m0 00 NO a0 ,OO 00 �O 00 rt10 Na Mb IpM Om O� WN M 1(]O .N .a b QI M N I� M Co a ol O W .O a N (O M n O a Of h- N a M NI a 1(1 al O N M a N m 0 f0 p D7 V1 N�' al mal r-O �r N� N41 Nm NH NN NN NN N '-N N �N O OO n,0 O O O O O 0 O rQ 0 0 0 a o mo o+ } CO + + + BE 16 + r y j +I+a h m T O N N N + N U) N O HIGH POINT ELEV = 22.53 HIGH POINT STA = 26+03.333 LOW POINT ELEV = 18.89 PVI STA = 26+00 LOW POINT STA = 23+63.889 PVI ELEV = 2300 LOW POINT ELEV = 16.50 PVI STA = 23+75 LOW POINT STA = 29+89.623 PVI ELEV = 18.50 PVI STA = 30+00 PM ELEV = 16.00 100' 100' i 100' a O v n + o + M N N N N N N N + LC r N U N O aOj / a a N a N + m M M 2.667% > > N 0 VV XISTIdNG GRADE / 2.0007 -1.750% / ` 3 1' OF 10" BE ® 1.292. CB #1 I.E.=2 .84 - - - - _ PR POSED 310' OF 18" P P ® 2.4007 CB #2 LE.=2 .08 RADE \ i c #17 1.11[ .=18.95 190 0 18" PEP a 0. 007. 165 F i6" PEP ® .3007. 260' OF 1B" P P 0 0.300% G #18 I. .=19,19 5� I� MH E I.E.=10. 1 CB 15 LE. 11 .50 :gea CB 13 I.E.=9.90 MH E.=10.21 CB 16 I.E. 11.74 e ne CB 14 I.E.=9.66eg r0� � `0 N N MN ryI � m � � � OO NN � aMfO �MONM mO O 0 M on 0 TO OO O rVj,OO To T O NN NN CMNlV [V (N 0 N �o6o�ye"8^a O O O O O O OO O CO O O O O O m O O } ++ + + + 06 + + N + N 1 To + RR r° N N N N M + N N N CE M N N HIGH POINT ELEV = 36.958 HIGH POINT STA = 38+12.59 PVI STA = 38+12.59 PVI ELEV = 37.669 LOW POINT ELEV = 28.031 LOW POINT STA = 42+00.67 150' PVI STA = 41+80 PVI ELEV = 27.871 N rn 100' I E, + N " " RD GRADE g g B EXISTING N + ^ + o a N a N / F N / 2.6677. - ` \ - -2667% � 0.600% - P OPOSED GRADE 305' F 18" PEP ® .300% 29 ' OF 18" PEP 0.300% B #21 I.E =24.64 z MH F E.=21 /2 C13 #22 .=24. 8 w a L, 0 0 Z LL] N a 0 O^ Na MO Nb a.O o°' o°N' e, o°' ,oy rn ao O ymi f0 °iM 00 00 mO1 O,0 C, �< N OM NO aal aM M Nm M1, OM NN ON MM M M vl']j cV 'il1jM My I[Oi b 116 MM Mlu) M M MM NM NN NN M aN N M M M M M p O CO p p O NOO O O O +RE + ++ + + } + O N 0+j O + ++ N M d To a a To + r m m M y. < a a a M M 9 Ns. PROFILE OF COVE BEACH DRIVE 3 MIR SCALE: HORIZONTAL 1 " = 50' a'�e �£e VERTICAL 1 " = 10' B B I 450'0,. LEGEND: CD = CATCH �I MH = MANHOLE SIN PEP = N-12 POLYETHELENE PIPE I 50'-D" I> >1 24C' 25-0 s_° o 0 0 o FINAL ROAD & DRAINAGE PLAN ° OR A A COVE BEACH ESTATES HC 1 6 12= I z x 0 e 1111111 At: EAST MARION Town of: SOUTHOLD SLOPE t} .61:11 MAXSLOPE �.] III 111111 I � Suffolk County, New York o MAX ::::III IL•1111 N 1000 22 3 9.1 1000 22 n' CROWN 1000 22 3 P/o 18.1 f3 18.7 F"' 1 \ 7 - w •,••,,• w r 1000 22 3 18.8 4' TOPSOIL 4" I. , A" I' " 'O Z0 ' m creowN / I Dmtrlct Sectlon Dlock Lal Suff. o. ax Gp: /n• I, �/4,., w � � EA ` PC m a PROFILES & ROAD SECTION O PC0 SLOPE I,} /2" WEARING NORSE J- 'r/� 1/2" WEARING COURSE MAX .( C TOPSOIL BINDER couRSEnNE cRhD �� NE�y� 2 I/2" BINDER COURSEENE GRADE W. ELMAX 1 3 q^ COMPACTED BASE LDURSE 4" COMPACTED BASE COURSE O� ]/a STONE GLENO OR CRUSHED 3/4' STONE BLEND OR CRUSHED j. CONCRETE - CONCRETE F�LAND � TYPICAL ROAD SECTION TYPICAL ROAD SECTION SECTION SECTION A - A 13 - 13 TYPICAL ROAD DETAIL `~ FEB 5, 2002 a n JUN. 20, 2000 era DEC 12, 1996 y:a$ DATE 'DEC. 3, 1996 ped. SCALE :1"=100' Gem" GFESSIONP� doe NO. 94-0452 " SHEET NO. :2 OF 2 O `s3: OO "94452FRD-new" _ lR1AU..OR AODIRq f. O O f. p O F.2 p O f_ED O f� ro TH15 SURVEY IS A VIOVSION OF 2 O O 24 p O q5, y0 p 4s y 2 SECTION 7209 of THE NEW YOM STAR 4S y Sg y O 00 p OS EDI,AA.ION uw 90 0 _ 0 `SO 00 y ,ti 00 y^� O 000 1-"- Or THIE 1HR1EY MAP NOT eu 00 My M 0 MS .lw A) M y Y O 'HI I'll 4Yv:YO,s IPRED SEAL.1 2 O ;MROSIEC SPAS 11AII NOT FE COHSIDERE TE A Yum IRUT C.11 __ NJ ,'GUARANTEES IHDICATT HEREON SHAL RUN JNLY 1. ME iE11CN FOR WHOM THE SURYE' _ S PREPARE➢ A:D On HIE EYHA6 TO ME / O COMPANY GOVERIwENTAL AGENCY AIR .ENDI INITHi UTi IF USED UR-ONAND O ITT A =NF.S OE HE TIQHCGwsTI. - N GUARA =ESA- -AN IDAId .o lO NAE ws. +_ 1i111.1HAS wNas 6 0 X9.3 X83 $ / X7.5O y 0` �43y„ XT? ^J� POND 10 %9.4 A 2 ROCK qS6o 5c D , P• x CROCKS 4/ Dq AND 7s 2 ISL l� x8.7 _ °e g 2d1 1.•.�\ROCK p0 11D - - slrE �e\ / x a.2 ° 1.7 0 h of) / ROCK X3 X2.3 RS ROCK/ % 0 7.2 U ROCKS r- / 00 X2 , \; p : X / T 2458 L CATION MAP i - 000 CALEB 1"= 6001 f\ / 0 . -00 17 99 -� 5 ' \ j j. / / / •'o, tom_ \ (/) \ ea z now or former/y p0'. \ C // ✓as h- Frederick G �. 9 I \ /�. / -\ 0110 \ - - - - 140 0 100 200 300 40P - 500 FEET SCALE I' - 100' - - - - 00 CONTOUR INTERVAL 2' . 10.3 / 0 or now or ' former/ -- 1°° JI m \ � ``C�T,WMEP-MOR4" BoO k T.N. \µ° .4* �i GENERAL (VOTES I•") MAP PREPARED BY jLOCKWOOD, KESSLER, 8 BARTLETT, INC. BY PHOTOGRAMMETRIC METHODS: - - � - DATE OF PHOTOGRAPHY JAN_70, 1980- 4ST500 > Aae \J, /j / / NR \ 1 0M 2.1 GRID SHOWN_ HEREON IS BASED OR THE NEW YORK PLANT - - - '/! fi� 430• '�,, h9°J COORDINATE SYSTEM, LONG.ISLAND ZONE. . a•D ' !'l ROCKS 7 - _ - - _ _ _ - _ / / \ ! `• �" \ � ' � �\ / � -- - ' : �_ I 3=}VERT _ _ _ - - - - \ _ : " DATUM A F D1929M `CNIE ANE:SEATILE4ET.J E G� / � � - - - - - - -- -- - - - - - "- OOETK: VERTICAL _ ♦ ; - - � � \Ic � .,'°- ^ r/ i - � Pow or ai+a ..� / - O• - \ \ % %19.5 a G� O 9.2 185 a ✓OS Frede X 15.5 e n z g +9 •e3c ... 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Q I \�� t AGI)- - - _ Doro/hy E C oke 10 i /`� N.24 28,1 ZBS - - - -82.76'3 © m x i 270 22B SUBDIVISION SKETCH PLAN; now Or former/y -Dorothy a Cook x X za y now Wforiner� 41sfi"W- _ - y _- - - = _ - T RECEIVED BY Roberts. PREPARED FOR zfii--529.80- - z�__ - I He% M. Kocc h SSEp 1p1 pip MW HAROLD R . REESE DATE NOTES. - SITE DATA AT EAST CMARION 1. = MONUMENT O = PIPE TEST AN LE I TEST HOLE 2 TEST HOLE 3 TEST HOLE 4 TEST HOLE 5 TEST HOLE6 J TOWN OF VOUTHOLD _ TE SUFFOLK COUNTY TAX MAP I. AREA = 96.3647 AC. 0.0 0 0 0.0 0.a o.o 0.0 2. DIST.1000 SECT 22 BL.0033 LOTS 18.3 515.l H TOPSOIL 0.3 - - - - t Ia - SANDY LOAM LOAM \ S 2. ZONING USE DISTRICT = .RES( DENTAL A° 2,D xanDPAN r - - cLAY snx0r -' ApFDFIy � 3. TOTAL NO. OF LOTS = 40 - LOAN - - - =o a - - 4. LENGTH OF ROAD = 56001 FT. SAND eG a.0 5.0 4.E - - - SUFFOLK COUNTY, I. - * ®� GRAVEL 7.0 7.0 _ LOAM HARDPAN 61AROPAN SD B SAND SAND S ROCS E SANG - - - - ' _ FIRE SANDY S.0 9.0 - 9 - CLAY HARDPAN • OR. WATER - - ' 10.0 _ - - ` l - 'r0' 4589 - FINE GRAVEL OR.WATERSA LARGE LARGE BROWN - �QFD NOR 00.WATER �.-RSE IB.O WITH GR.WATER SANG B 200DGRAVELVEL, 6 GRAVEL YOUNGS YOUNGGRAVEL ES NO 18.0 NO 17.0 13.0 13.0 • DATER APRIL 81 1987 22.0 24.0 NO WATER _ _ _ NO.SCALE; IN =5-888 100 _ - 400-)$TRANDER.GVE RIVERHEAD,N.Y. WAT ' ALDERW.YO _ G .7S.P.EBLS.LIC.NO.I2845 _HG401)W. - _ ,N-Y.S.L.S.LIC_NO.45893 ' I ' -W `K' 34 St. - r, gi r - , _