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HomeMy WebLinkAbout1000-55.-6-15.1 (3) r'_I_'_'_'_T~WNICWu.I_'_I- - _,_~I_I_'_T_I_I_"-'-~ _'.'.'.1_'.'.. TOWN OF SOUTHOLD - - . - - Suffolk COUDIy. New York 516 -765-1801 N9 32892. f .;; r;<;-" Southold, N. Y. 11971..xkf"r..;;2/19~ n\. c,. L~~ Of7!too DoUan' 4 ?Oo ad I :3 G - ~"-& /../-0- - a ('-f' .f _ r:'---U.. Judith T. Terry. Town Clerk lu,L~~~ RECElYED OF- :::t For. )M.. ClI8h 0 Chee" fiJ/ tI {O r (: By .........I_I_I_I_J_I_I..............'.I.. ."" ~-,.'-~~~. ,.OWNE .... FOUNDER Sidney B. Bowne, P.E., L.S. (1922-1859) PARTNERS Ch..ter C. Kelsey. P.E., L.S. RobertA. Stanton, P.E. RobertW. Brown, L.S. ZabdielA. Blackman, P.E., L.S. Frank J,Antetomaao, P.E. ASSOCIATES Georg.A. Style, P.E. .Jerry O. Almant, P.E. Georg.t. Fagan, Jr., Ph.D., P.E. Frank Capobianco, C.E. Paul F. Ste"en., P.E. Roger L. Cocchi, P.E. Carl E. Secker, P.E. SPECIAL CONSULTANTS Thom.. R. Pynchon, L.S. Pf"of. H. F. Soehng_", P.E., L.S. SENIOR STAFF Francia J. Lynch Philip Sehkltzhauer Jo..ph F. Stegman wtlH.m T. Styn. Aichard 8. Weber Ralph Anderson, L.S. A. Barton Cau, P.E. Fredric C. Griffith., Jr., L.S. Gregg G. Keluy. P.E. Oane C. Kenny, P.E. Howard W. Mille" P.E. Richard P. Blutzah, P.E. SIDNEY B. BOWNE & SON CONSULTING ENGINEERS ~FIU: ~ ~ rive February 14, 1991 Raymond C. Jacobs, Supt. of Highways Town of Southold Peconic Lane Peconic, New York 11958 Re: DBM Affordable Housing - High Point II at Soutnold S.C.T.M.: 1000-55-06-15.1 SBB No. 87609 (Purchase Order No. 2807) Dear Sir: An inspection of this subdivision was conducted by this office on February 13, 1991. We find that the only work completed since our last report of December 20, 1990 has been that additional street trees have been planted. Very truly yours, c/ X~ttJ:n ~rJd.- A. Barton Cass, P.E. CSH:clg Planning Board Ray Dean (SBB) <' "-~e-Mr. (<'BB) ~."........ ,,"v. \U FEB , 'j 45 Manor Road . Smithlown, New York 11787. (516) 724 _ 0611 235 East Jericho Turnpike. P.O. Box 109. Mineola, New York 11501 . (516) 746 _ 2350 ,- JIIIII' I: _~6PIU;- , YOUNG 'lj> YOUNG ~ 08TRANDER 1\ VENUE RIVERHE1\D, NEW YORK u!lOr "LDEN W. YOUNG p,.,r-ional &oj...... 'If' L...nd 8.....""" 516-727-2303 FAX 516-727-0144 HOW1\RD W. YOUNG L...nd s.....".,. March 9, 1990 Mr. Richard Israel P.O. Box 130 443 Main street Greenport, New York 11944 s-s 1.-::> RE: HIGHPOINT MEADOWS at Southold, TIO Southold, N.Y. (88-1292) Dear Mr. Israel: Enclosed herewith are six (6) sets of the Final Road and Drainage Plan for the above captioned last dated March 7, 1990, for your use. These plans have been amended to indicate new hydrant location at the beginning of turn-a-round, to add a new manhole in the vicinity of catch basin no. 3, to indicate concrete inverts on catch basin no. 1 and 2, to indicate fence around the Drainage Area and to indicate a ramp to the bottom of the drainage area. Very truly yours, H~O~~ ~6Un~ HWY~ encl. ~ \ 1. \C;f,JJ 1 '; . . . . DECLARATION OF COVENANTS AND RESTRICTIONS FOR HERBERT R. MANDEL AND RICHARD ISRAEL This Declaration made the day of , 1990, by Herbert R. Mandel and Richard Israel d/b/a DBM CO., a New York partnership with offices at 443 Main Street, Greenport, New York 11944 (hereinafter referred to as "Declarant") WITNESSETH WHEREAS, Declarant is the owner in fee simple of certain premises situate at Southold, Town of Southold, Suffolk County, New York, described on the Suffolk County Tax Map as District 1000, Section 055.00, Block 06.00, Lot 015.001 and as more fully described in the attached "Schedule A" and, WHEREAS, the Southold Town Planning Board, by resolution made on February 13, 1990 granted final subdivision plat approval of the property described in Schedule A, as shown on map of Howard W. Young, NYLS, dated September 27, 1988 as last revised February 5, 1990 and, WHEREAS, the final subdivision approval was conditioned upon the filing of certain covenants and restrictions, NOW, THEREFORE, in compliance with the resolution of said Southold Town Planning Board, Declarant herein declares that the land described in Schedule A is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land: 1. Each lot in this subdivision shall, when improved, provide two parking spaces, exclusive of a garage or carport, for off-street parking. 2. The application rate of inorganic fertllizer~,~n!.altY lot in the .,-. .-", ,'.,- ~.' MIIP I 2 1990 / ./ f . / subdivision shall not exceed the rates recommended by the manufacturer of said fert il i zers. 3. Lots numbered 22 through 25 and 27 through 31 inclusive shall be burdened by a twenty-five (25) foot deep conservation easement at the rear of each lot which easement shall run across the width of each of the respective lots as shown on the subdivision map prepared by Young & Young dated February 5, 1990. No buildings or structures of any kind shall be constructed or erected in the easement area. 4. Lots numbered 50 through 55 i nc 1 us i ve shall be burdened by a conservation easement as shown on the final approved subdivision map. The following terms and conditions shall apply to that land lying with the "conservation easement area" included in Lots 50 through 55: a. No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be interpreted as including swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences, retaining walls and bulkheads. b. The entire easement area shall remain in its natural state. c. The easement area shall not be filled with soil, sand, brush or other debris. d. The easement area may be traversed by a walkway, whether elevated or on the ground, provided permits can be obtained from the applicable agencies, which may include the Southo1d Town Board of Trustees, and the New York State Department of Environmental Conservation. e. Any disturbance to the land within the easement area shall be redressed by the restoration of said land to its prior state within sixty (60) days of the disturbance or of the date the disturbance was reported to either the Planning Board or the Bay Constable. f. No inorganic fertilizers shall be applied within the designated "conservation easement area." \ ? '- . F IN WITNESS WHEREOF, the foregoing Declaration has been executed by the Declarant on the day and year first above written. ~~~Q ~ Richard Israel STATE OF NEW YORK COUNTY OF SUFFOLK On the day of , 1990, before me personally came Richard Israel to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK COUNTY OF SUFFOLK On the day of , 1990, before me personally came Herbert R. Mandel to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Publ ic I " I('."~,"; r' /., f'" . , , ,. . 0' '1 if a ., ~i. ~ :i\ " " 'f '.' .'. '. , {,~~:,; ','~.~f;:~ ~ """A~'." . .,_,,1." "I . :"'..:, " :,.. " ~. - SCHmULI "A" ,;.t;;14lfml~l ~..m -'C'..,...."., "':'0:''''" ",.., ",:,. '.J:'I'I'?",~' .,.~.,..;~ "'~?~.'.l' :' - '~'-'''t;1 ~.~.~,!~;o ALL th.t etrtain plot, 'phe. or p.red of 1.D., With the "Un.iD,. .D. iapTOY"'ntl thereon ar.eted, .ltuate, l,tn. an4 bltftl at 'outhold. ia the Towa of Iouthol., Count, of Suffolk .n. St.t. 01 ... To.k, ".iD, ....... ... ...cftN. '1 follow. .., ,,~. ,,!:! '~1 !l t"" '''11 '..,,- I'. . ~'.: ,'" '_' I ' I. ,;:.j 110111110 .t . point on the ...t..l, .i.. 01 Iot....a A..aua di.t.ftt tho 1011oWf.ft. t~ (2) eou.... .n. .i.t.ne.. .. ....ur.. .oath..l, .lona .... fr~ the eorner for.ed hy the lntlre.etlon of the a..tarl, atd. of Iot....u A..nuI with the 'Dutharl, Idle f6 Ylna,cott Drl.,. 1. Soath 22 ..S'... 31 .inut.. '6 ..eon.. W..t 336.61 I..t to . point, 2. Iouth 2 ..S".. 31 .inat.. 20 ..eon.. ...t 439.00 Ian to the t.... potDt of ""Iianinll IVIBIIO TRBlCI Soath 17 ...r... 21 .inut.. 40 ..eon.. '..t .10na tho &o8th..l, line 01 l.n. now 0' 10....1, of lo"..t T.pltft 200.00 f..t to ~ potat, IUIIIIO TRIICI North 2 ....... 31 .inut.. 20 ..eon.. I..t .lon. the ...t..l, lin. of 1.n.. now or fo....l, 01 T.plin, Ftnn., O&l...tth , Wh..l.. ... thrawah the.. (3) ~nu.tne. 452.11 f..t to . ~nu.e.tl ' RUIIIIllO TRINeI North II ....... 57 .inut.. 30 ..eon.. Ie.t .1on. tho .oathorl, liD. 01 1.n.. now or fo...rl, of Tuthill .D. 1.... .hOWft on ..p 01 '....eott ...k, .tl. "117, 924.13 I..t to . point I IUIIllO TRENCI .10n. 1.n.. now 0' 10....1, 01 Iteh... and Lau...a Wh..l.. the 1011owin. two (2) eoa.... .n. .i.t.ne.., 1.. Soath 14 ...r... 42 .inut.. 20 ..eon.. ".t 22&.37 f..t, 2. lo.th.1 ..sr... '9 .inut.. 00 ..eon.. ".t 200.02 fi.t to . potnt, RUIIIIIIO TRBlCI Soath 2 ....... 32 .inato. 10 ..eo... Ie.t alon. 1.... _ or 10....1, of Fr.nei. .n. '.t.iek O'Hall., 272.', I..t to . 8ODU8&ftt, IUIIllC TRINeI North II ....... '6 .inut.. 31 ..eon.. ".t '72.59 I.!t t. . potnt, IVIBIIO TRBlCI South 23 ..,.... 29 .inato. 07 ..eon.. Ie.t 347.11 f..t to . 8oftu.entl IUIIllO TRlNeI South " ...r... '6 .inut.. 20 ..eon.. W..t .lon. 1.D.. _ or 10....1, of I.win Hoon., 902.45 f..t to . 8onD8ant, . .. lUIBiaa THBlCI Soath " ...r... 54 .inat.. '0 ..ton.. ...t .lon. 1.84. _ 0' 10....1, of '.to. H.,.. J.. 312.92 f..t to . 8OftU81ftt' lUIBllO TRINeI North 6 ..1'... 00 .tnut.. 40 ..eOft.. Ie.t 41'.47 I..t to . .....nt' lUIBllO TRENCI North 19 ..S'... '4 .inat.. 10 ..eoa.. ".t 672.10 I..t to . .....lIt. I. lUIBllO THINeI North 2 ...r... 31 .inut.. 20 ..tODd. ".t 162.43 ltat t. . ....nt. 21 .inat.. 40 ....... ".t 26'.00 'tat . ., I'" d'. .; i;, ... .-il,", "::i !:'~WI1~' ~ ,iX' tOllt........ .,".""'!"I.. .~;i.,.'I~...:;:lt,. ; '"II''' '!" 'Jlt . ';,'''' ;;I.t !j A .\ a;"'".t - 't'4~: "'Rl '. 'j '.' "",.1..' . ,.' r,,~t,l':r J T., .' ,'~ ,~ ":~'~'., " "..', .~,:) ;': "(~~/. """;}H,hit~ I "'!\l!l ,-.' IDIIIIO TRIICI North 17 ....... t. . __Iltl /.; ~"..~, j" ..;'j.r!{/~;." I:' ,- 'I': I .4 'r,',~ , ,\ . .J;;, 'j"~ ,:(', .'ltWf. F"'" l~' . .t' .:,l~/\ t,; , .,...;~~~:/ ~''''/J:. . \..., : ','L "~"'f,~!.,~r"~ jlll~l'\~"! ..'i,' ;,,"rt,WI '. ,;(!. .,:,!t" . " '~{i.:':.' ;,. . ) ".;.. ',.' ~.:tt;~ (:;;';' , . ',: "..;~ I..a ". ,...., tJ.f':t -/ .~~::;t.t'. . I " .~ " IURRIRC THERC! Borth 2 ...r... 3a aiaDtl':.O Ileoad. I..t ,i'.18 'lit to I., peiat, "':'1'1'" .C", ;.,. '. ' I . .,;-' .; 1'" " . .. ~," IURRIIlll THEIIC! North 87 ...re.. 21 .tDDt.' 40 .It.... v.et 200.00. '..t to · _...at ..t OIl tho ...ted, .i.. o',..~..... ,._., ",\ty,," . ': j.' atniIlIRC THERC! .lona tho ...ted, Ii.. e"Uil.I.."".DD.. IIorth . ...r....,. 38 tltaate. 20 ..e"".. ""~, ~.03 f.lt:!O~~~ ;o~~, ~ pll.1 ~~ ,~IIIIIIO. :,.,.. . .::~n, ~ . , .j " ) 'l" " l I . ,:.:( It.\ . \I'. .'. :", I ""~r..~ ; I' ; ~ I': : "l~::I: . ;' i~'~',," 'I'," ".J .~, ':-,' .:;;:"~,~:~/;., .,j ;~,;;\~i{f; ;.: \ I' ,'. ~~...~, t.: f' '1"1' ....".... <.J ~.~ I , '.U.~h .. I . ;', : ',~..'; . ,. '::, ,I ,': I,' t',.. ,I., .' \' .,~;.'~ \ l .' . ~'JI~ I! .' ,,~ I'" . :-.:,jJ::~g i;:~: ~ '..I ,~ :' l '. ..,~,'.. , t . ,,~:'':~''_h ", . . . j..:.': \. ~~!i . I ,:\t~;:;, /' , /:!;.i~,:.r~Hr. '. ',,' )\t,.~ll:",' '<II, " ",";': _ :f., ':;!'i.::.r. WILL/A." i6'ir<<bb~E . .' ,>: SUfTEaCtA'lt'1SeOMMONs . )'1, ".0.80X23 ., IMn'mJCK;, ~y 1_ ~ ) ~ :.1 .:;q;; . 'H ~i!~;;;U. ",'._:t":,:; '.. -', :',. ,oj: . .':;, ,,-~' .:' ~..';~f.' . . . .iL' ...jC'.";;:{ ,-, ,:' ; ;'~'\ .:.j .,.....M'.'...... '''l'~'<'''<'' . .. -'...~', '.":>I:U... .' /. .:~'%'ti~,. ..' ~'... ". :~;,h.~ ';i,')I, : 1...,1 . J., ,0:. , . '~.. " .T.' ~t.. flfi,r.tXi, ..,....!.,~",. ',._'. . :'\"i.' 'I, ~'.. ~,~ . ~il:' . '~" . 'f' + " i~ l., ~I ;', 'f '!i;:~ . ~. ., :.:'!~'. . --,- . ,-....,..-.... , t Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 .. SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Scott Louis Harris, Supervisor Members of the Town Board FROM: Bennett Orlowski, Jr., Chairman -aD.tJ; Appraisal Report for Highpoint Meadows (also known as DBM Affordable Housing) RE: DATE: March 2, 1990 The Planning Board has reviewed the February 27, 1990 appraisal report for the above-named subdivision. The total appraised value of the three sections (36 lots on 37.76 acres) is $843,000.00. Five percent of this amount is $42,150.00. It is the Planning Board's position that this amount is too low, in light of the fact that the appraisal for the same property at the 16 lot density would have resulted in a payment of $23,800.00. However, we recommend that the Town Board require payment of the $42,150.00 amount for the following reasons: 1. Reduction of the amount from $42,150.00 to another negotiated figure will not result in a comparable reduction of the price of the affordable lots. 2. The Board originally requested that four lots be set aside for use as park and playground. The value of the four lots exceeded $100,000.00. The $42,150.00 is a very reasonable figure by comparison. In response to Mr. Mandel's letter to the Town Board of ",.- --, - . ~. I . . March 1, 1990, I would like to point out that in the interest of reducing the development expenses of this applicant, the Planning Board has already made the following concessions: 1. Road width was reduced from 28 feet to 24 feet to allow the developer to reduce his road construction costs. 2. The placement of sidewalks was waived. 3. The provision of money in lieu of parkland was accepted. 4. This project was expedited as follows: a. Sketch approval was granted in July of 1988 subject to a zone change approval by the Town Board. However, the Town Board did not change the zone unitl April 25, 1989. b. Preliminary approval was granted in May of 1989. A final hearing was held in November 20, 1989. Conditional final approval was granted in February of 1990. c. The Board also processed a 16 lot subdivision on the same property. Preliminary approval was granted in August of 1988. '-.:-- . . 5~fWt.E p~ 1'15 MOORE & MOORE Attorneys at Law Clause Commons Suite 3 MaIn Road P.O. Box 23 Mattltnck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298.5664 William D. Moore Patricia C. Moore Margaret Rutkowski Secretary February 20, 1990 Matt Kiernan, Esq. Asst. Town Attorney Southold Town Hall Main Road Southold, NY 11971 Re: Affordable Housing Subdivision/ DBM Co. Dear Matt: Enclosed for your revi ew and approval are the proposed covenants and restrictions to be recorded with respect to the above-referenced subdivision. Specifically, I am enclosing the covenants and restrictions imposed by the deve 1 opers of thi s subdi vi si on and the separate covenants and restri ct ions required by the Southold Town Planning Board as a condition of their final plat approval. Upon your approval of these covenants and restrictions I will have them recorded with the county clerk and have the recording information (liber and page) included on the final maps. On the 28 lots which will be offered for sale pursuant to the requirements of the affordable housing zoning district I propose to include the following deed restriction in the deeds of the affordable lots: "The conveyance of the premises is subject to the restrictions, rules and regulations of the Southold Town Affordable Housing District. These restrictions, rules and regulations shall run with the land and shall be binding upon the owner of the premises, his heirs, successors and assigns." We will provide the planning board with a "sales map" indicating which lots will be sold pursuant to the AHD guidelines and will be subject to the above deed restriction. However, we would like the flexibility to swap the designation of the affordable lots. This way we can sell a particular lot at the market price if a purchaser selects one of the lots we have designated ble:..__l1.ewill still be selling 28 affordable lots, we ~i~ply mu~t the s. t~fO~e:..DT.:the market lots as an affordable lot. In addltlon, I lntend -tlte:llf.r.&'ttor of Community Development of the specific lot numbers wh h. et sold under the Lli FES 2 7 1<nJ L.. . ( d_",... 9r . . . Affordable Housing guidelines so that he will have a record of the lot numbers over which he has authority pursuant to the town code. If you have any comments or questions or if I may provide additional information, please do not hesitate to contact me. Very truly yours, j~~~f?f. Moore WDM/mr Encls. cc: Herbert R. Mandel Richard Israel F:h 2 7 i990 I.-<v._~,. , I .. !' . . DECLARATION OF COVENANTS AND RESTRICTIONS FOR HERBERT R. MANDEL AND RICHARD ISRAEL This Declaration made the day of , 1990, by Herbert R. Mandel and Richard Israel d/b/a DBM CO., a New York partnership with offices at 443 Main Street, Greenport, New York 11944 (hereinafter referred to as "Declarant") WITNESSETH WHEREAS, Declarant is the owner in fee simple of certain premises situate at East Marion, Town of southold, Suffolk County, New York, described on the Suffolk County Tax Map as District 1000, Section 055.00, Block 06.00, Lot 015.001 and as more fully described in the attached "Schedule A" and, WHEREAS, the Southold Town Planning Board, by resolution made on February 13, 1990 granted final subdivision plat approval of the property described in Schedule A, as shown on map of Howard W. Young, NYLS, dated September 27, 1988 as last revised February 5, 1990 and, WHEREAS, the final subdivision approval was conditioned upon the filing of certain covenants and restrictions, NOW, THEREFORE, in compliance with the resolution of said Southold Town Planning Board, Declarant herein declares that the land described in Schedule A is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land: I" .~,.....--,... 1. Each lot in this subdivision shall, whe1i"An~.);cl;jed, provide I I'" l\;' I'", Ff~R 2 1 iC:Ol , ~~.'","-";' .'~ . .' , . . two parking spaces, exclusive of a garage or carport, for off- street parking. 2. The application rate of inorganic fertilizers on any Lot in the subdivision shall not exceed the rates recommended by the manufacturer of said fertilizers. 3. Lots numbered 22 through 25 and 27 through 31 inclusive shall be burdened by a twenty-five (25) foot deep conservation easement at the rear of each lot which easement shall run across the width of each of the respective lots as shown on the subdivision map prepared by Young & Young dated February 5, 1990. No buildings or structures of any kind shall be constructed or erected in the easement area. 4. Lots numbered 50 through 55 inclusive shall be burdened by a conservation easement as shown on the final approved subdivision map. The following terms and conditions shall apply to that land lying with the "conservation easement area" included in Lots 50 through 55: a. No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be interpreted as including swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences, retaining walls and bulkheads. b. The entire easement area shall remain in its natural state. c. The easement area may be traversed by a walkway, whether elevated or on the ground, provided permits can be obtained from the applicable agencies, which may include the Southold Town Board of Trustees, and the New York state Department of Environmental Conservation. d. Any disturbance to the land within the!,~!\s.emnt area shall be redressed by the restoration of sa:i1:i Ti:liid to its prior state within sixty (60) days of the distu~Ra~C? or " '- r !990 . . of the date the disturbance was reported to either the Planning Board or the Bay Constable. IN WITNESS WHEREOF, the foregoing Declaration has been executed by the Declarant on the day and year first above written. Richard Israel Herbert R. Mandel STATE OF NEW YORK COUNTY OF SUFFOLK On the day of personally came Richard Israel to me known to described in and who executed the foregoing acknowledged that he executed the same. , 1990, before me be the individual instrument, and Notary Public STATE OF NEW YORK COUNTY OF SUFFOLK On the day of , 1990, before me personally came Herbert R. Mandel to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public -~r .-'^ f!J:J"'" ~'J -, ;""'["_;- !.~!"I:.'.'i' . ~ '" , . '" ",- .t~i" jid..~R;~' ~ ~11 )\'~t':I~fS:, I'..J"'1,'l ~' ~. ~ ii," :,: , ., "r;: ''I 4 ,,,,. ~, ' "I, " .. ,~,"ft"'... I" , I .. 1 " I , ""~r "' ~'l,~ .~.< ~ ('I;i: l:lj; . I 1 ll~Cl.UO.,' ~ I' .::.~;:~i9\ It., k:.~ , ",::? ~ ~ f'~ I.'t'~.';",'a~;" ~ .,. '.r" !. ~ I,' ,>;' <': . i.. ' 11- , "::l;J",~I:j' \ '.'r','1 r 'lh~;': . :$':j{. , "'l..~~'" \ ,~: 'I:-\';-~'" ."} ';",;~;/:;~ ," "~','~ ,.-, SCHEDULE flAil f!tll,I; (:... ".~..t, I I d. r'Ll' , It': ldi . AtL;ehat i'rtain'p1ot,'plece or parcel of land, with the bul1dlD..,and taprove..nt. thereon erected. .ituate; lylna and b.iol at Southold, 10 the Town of Southold, County of Suffolk and State of H.w York. b.ln, bounded and de.cribed ..ifollow.: 1,', FI,' ".,., li:I.. IIGIRRING at a point 00 the ea.terly aide of loi....u Avenu. di.tant the fo110wina two (2) cour... .nd diet.nce. a. ....ur.d .outherly aJonl .... froa the corner faraad by the int.r..ctlon.of the .a.terly aid. of Ioi....u Av.nue with tb. aoutherly edie fa Yennecott Driv.: 1. South 22 dear.e. 31 ainute. 56 e.cond. W..t 336.68 f..t to a point; 2. South 2 d.ar... 38 ainut.. 20 second. W..t 439.00 f..t to tbe true point of beainnina; RURMIRG THENCE South 87 deare.. 21 minute. 40 .econd. E..t alone the 80uth.r1y 1in. of land now or formerly of Robert Taplin 200.00 feet to a point; IUMRING THENCE North 2 d.arees 38 minut.. 20 ..eonde Ea.t .1on, the .a.t.rly lin. of land. now or for..r1y of Taplin. Finne, Gold..ith 6 Wh..l.r and throulh thr.. (3) aon~tn.. 452.11 feet to 8 aonu.ent; tURNING THEHCE Horth 88 dearees 57 minut.. 30 ..cond. I..t a10nl the .outherly lin. of lands now or foraerly of Tuthill and l.nde shown on ..p of Yenn.cott Park, Pile 15187, 924.13 feet to a point; RURMING THENCE a10na lands now or foraerly of Richard and Laure.n Wh.e1.r the followina two (2) cour.e. and dietance.: 1. South 14 d.are.s 42 ainute. 20 seconds Ea.t 226.37 feet; 2. Harth 88 dear... 59 ainute. 00 second. E..t 200.02 f..t to a point; RURlING THERCE South 2 d.ar... 32 minut.. 10 s.cond. last alonl land. now or formerly of Fr.nci. and P.trick O'Mall.y 272.59 feet to . ~u.entl RURNIHG TRENCE North 88 deare.. 56 minute. 31 .econd. B..t 572.59 f.et to a point; RURRIRG THENCI South 23 d.are.. 29 minut.. 07 .econd. East 347.18 fe.t to a ~u..nt; RURRING TRINCE South 55 dear... 56 minute. 20 ..cond. W..t alonl landa now or for.erly of Edwin Mooney 902.45 feet to a .anument, RUNRING THENCE South 55 dear... 54 minut.. 50 ..cond. W..t a10nl lands now or foraerly of Pet.~ Mey.r Jr. 382.92 fe.t to a aonuaent; RURRIMG THENCE Morth 6 d.are.. 00 ainute. 40 ..conde Ea.t 488.47 f.at to a lI01lument; RUKRIMG TRENCE Harth 89 dearee. 54 minut.. 10 ..~ond. W.st 672.10 f..t to . .onuaent; lURNING THENCE Morth 2 dearee. 38 minute. 20 ..cond. Ea.t 162.43 f..t to a aonuaent; IUHMIRG THENCE North 87 d.grees 21 minut.. 40 ..cDDdI ~t 26'.00 f.at to . aonament; eont1maed.. .. ,) 7 .inut.. 20 ..eond. laet 336.11 :f..C Co . . - . - , ;L. \ '; ~ ;!-, , IDIIIIC TRlBCI .lonl' the ...tarly Bide of Ioi....u Avanua, Borth 2 daara.. '38 aiDut.o 20 oo.ondo Eaot 50.03 foot to tho point or plo.. of BIGIDIIC. ~ ;1" , o. ':jI",:. . ; J '~ . ;.t;dl,:tlJii'F l,'tlt Ioi....u Avenue; ( ;;(:(>.' , 'II'~ ,r :1,. ..:il " ,.I t'i -,,' ; ,~) 1<' ,;",. "~I' ,r! I f '<;r.:/ ",'.. :. ,. .' ',~ "" 11.' i~', i;:,;I',' :;1,;;;: I }':"i , ~; :Jht.,.,: ,."l~.." , ;~fi!i'). .1' ~l"" . :1: ,!~. : '~' :t f <J .\',~ 0 ~ ; " '0' ' :'Ii.: '>i :L " : ::~;~} :'..... <i)i ,:jj;t ,~l,jj I: li.n :", ~..i;,iH~i,'''r .:, "'1" ~ i; . ,.;: '~'J/:?~~~~:~'~::~ ;:; , , "-":;,!.':(~j,.~b::: 200.00 foot to , '~ - , ? 7 i990 , . . ., DECLARATION OF COVENANTS AND RESTRICTIONS Declaration made as of this day of , 1989, by Richard Israel and Herbert R. Mandel, whose mailing address is 443 Main Street, Greenport, New York 11944 (hereinafter referred to as either "Developer" or "Declarant"). WITNESSETH WHEREAS, the Declarant is the owner of the real property known as Highpoint Meadows described in Article II of this Declaration (the "Property"), which Declarant desires to develop as a community of "One Family" (as hereinafter defined) residential lots (the "Community"); and WHEREAS, the Declarant desires to provide for the preservation of the values, amenities and natural beauty in said Community and to insure that all construction in the Community is harmoniously designed and planned and, to this end, desires to subject the Property to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said Property and the Owner of each portion thereof. NOW, THEREFORE, the Declarant, for himself, his successors and assigns, declares that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, conditions and easements, (sometimes referred to as "covenants and restrictions") hereinafter set forth. ARTICLE I DEFINITIONS The following words when used in this Declaration or any supplement(s) or amended Dec larat ion shall, unless the context 1 otherwise prohibits, 'F\-r'-(~ . \, \jjl,,,",^,~. " 'I ")' 'I " ~! " :: ' 1 II " m; 2 iiUI.,. I L \ have the "-~._..".<- . . 'J meanings set forth below: (a) "Property" shall mean and refer to the real estate (described below in Art i c 1 ell) , together with the appurtenances thereto, and any and all improvements thereon, or any portion thereof, as will as to any of the lots contained therein. (b) "lot" shall mean and refer to any and each of the pieces or parcels of land numbered one (1) through fifty-six (56) inclusive, as shown on the Subdivisions Maps referred to in Article II hereof, and particular lots shall be identified herein according to the respective numbers appearing on such Subdivision Maps. (c) "Deve 1 oper" shall mean and refer to DBM Co., its successors and assigns. (d) "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 record owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is held jointly, in common, or tenancy by the entirety, the majority vote of such owners shall be necessary to cast any vote to which such lot Owner is entitled. Anyone Owner owning two or more lots shall be treated as separate Owner for each lot held for purposes of any approval, voting or majority requirements herein. (e) As used herein, "Homeowners Association" shall refer to an association, corporation, organization or other voluntary or involuntary grouping of Owners which may be formed by one or more Owner, including the Developer, subsequent to the date hereof, and which provides for the admissions of any and all Owners upon such reasonable terms and conditions as may be established for membership by the Owner or Owners who form or establish such Homeowners 2 ') 7 . . Association. All decisions of any such Association shall be made by at least a majority of Owners-members in good standing. The purpose of such Association shall be the preservation of Community appearance, standards and values, the enforcement of these covenants and restrictions, and the control of and jurisdiction over all portions of the Property, if any, owned in common by all the Owners. In the event that two or more such Homeowners Associations should exist at the same time, the Association with the greatest number of Owner-members shall be entitled to the powers and duties specified herein. (f) .Cutoff Date" shall mean and refer to the earliest of (a) four years after the Developer has conveyed away all its fee simple title to the Property, (b) nine years from the date hereof, or (c) at such earlier time as the Developer transfers all his rights, duties, privileges, obligations and powers hereunder to the Homeowners Association, which transfer shall be evidenced by a writing filed in the Office of the Suffolk County Clerk as this Declaration. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, described in the attached Schedule A which is made a part of the Declaration. ARTICLE II I EASEMENTS Section 1. Grant of Easements. The Developer reserves to itself the right to dedicate any and all public roads, sumps and other areas of the Property set aside for walkways, parking areas, water 1 ines, sanitary sewers, storm drainage hcn ities, gas 1 ines, l~ ~ @ ~ 1] 'f-- 3 I 0 1------------ , , !"'i~ :. IUt" FEB 271990 l' . . telephone and electric power lines, television cables and other public or private utility services to the municipality or an agency thereof. The Developer grants to each OWner the following easements pertaining to the Property: (i) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under and across the streets and roads, and, on foot alone, over the pedestrian wal ks and common areas thereon (as shown on the Subdivision Maps and as they may be built or relocated in the future) for all purposes; and (ii) At the expense of each Owner, rights to connect with 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 Property; Section 2. Reservation of Easements. Developer reserves for itself and, after the Cutoff Date, for the Homeowners Association (if any), the easements, licenses, rights and privileges of a right-of-way in, through, over, under and across the Property and, towards this end, reserves the right to grant and reserve easements and right-of-way in, through, under, over and across each respective lot for the installation, maintenance and inspection of water lines, sanitary sewers, storm drainage facilities, gas lines, telephone and electric power lines, television cables and other publ ic or private util ities and for any other materials or services necessary for the completion of permissible construction thereon; provided, however, that Developer agrees that it will not grant any such easement of right- of-way, in, through, under, over, or across the "required building areas" (as such term is defined in Article V (1) hereof) of any lot and that if Developer or, after the Cutoff Date, the Homeowner Association, shall grant any easement 4 FEEl 2 7 1990 . . or right-of-way for the purpose of underground installations, Developer, or the Homeowners Association, agrees to restore, or cause to be restored, the land to the condition immediately existing prior to such installation. The Developer also reserves for itself for itself and, after the Cutoff Date, for the Homeowners Association" the right to connect with and make use of the utility lines, wires, pipes, conduits, cable television, sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of the Property. ARTICLE IV ARCHITECTURAL CONTROL Section 1. ADDroved Plans for Homes. No building, fence, wall or other structure, or change in landscaping, shall be commenced, erected or maintained upon any Lots, nor shall any exterior addition to or change or alteration of any thereof be made until plans and specifications showing the proposed improvement, including the height and location thereof and the materials and colors to be used,shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Developer or after the Cu~off Date, by the Homeowners Association. In the event said Developer or its Homeowners Association, fails to approve or disapprove the same within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE V USE OF PROPERTY Particular Covenants and Restrictions. 5 r---~.""""....""."- i e,"'\ ;; , q D} FEB 2 7 iqqn . . The use of a Lot by an Owner or other occupant shall be subject to the rules, regulations and provisions of this Declaration and following covenants and restrictions: a. No nuisance shall be allowed upon the Lot 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 or unduly restricts or impedes the views of any Owner. b. All valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction over the Property shall be observed. c. Lots shall not be subdivided, sold or conveyed except as a whole. d. No boats, boat trailers, travel trailers, mobile homes, trailers, trucks, equipment, commercial vehicles larger than a light-duty pick- up truck, unlicensed, uninsured or derelict vehicles, or any other similar property, shall be parked or stored within the Property unless parked or stored inside a garage or Home. e. No commercial signs or advertisements shall be displayed on any Lot or vehicles parked on Lots within the Property by any Owner. This restriction shall not apply to the Developer prior to the sale of the respective Lot by the Developer. f. Within the required building area of each Lot, the topography, grade or drainage shall not be substantially altered or changed, except by the Developer. Outside the required building area of each Lot the topography, grade or drainage shall not be altered or changed at all, except by. the Developer. Where necessary, each respective Owner shall install adequate culverts under driveways'serving his 6 FER 2 7 iq()l --'-'-~7'iM:W'~'" . . Lot and connect the same to places designated by the Developer. g. The Property shall be subject to such easements for maintenance of streets, driveways, walkways, parking areas, water lines, sanitary sewers, storm drainage facilities, gas lines, telephone and electric power lines, television cables and other public or private utilities, as shall be constructed or installed by the Developer. Such easements for maintenance shall include also a right of ingress and egress sufficient to enable such maintenance. h. Lots in this subdivision shall be residential Lots, and each Lot shall contain only one Home together with lawful accessory structures. 1. Each Owner shall at all times comply in all respects with all government, health, fire and police requirements and regulations. j. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on the Property, except that dogs, cats, or other usual household pets may be kept on Lots provided that they are not kept, bred or maintained for commercial purpose. k. No Home shall be located on any Lot except within the "required building area" for that Lot, as defined by the Local municipal zoning authorities having jurisdiction and further subject to any limitations contained herein and noted on the filed subdivision map. 1. Except to the extent that the applicable utility company shall be obligated to maintain and repair its lines, each Owner shall maintain and keep in good repair any and all lines, wires, pipes, conduits, cable lines, sewer drai~age lines, street, road, driveway or walkway which may from tiMe to time run 7 F;:-r: 2 7. . ~'C"i .~;G~,"""~",:;.",~~~,;,,..~,..._, ,.......~~....~_J:.."." . . through, over or under lts Lot. m. All garbage cans, equlpment and coolers malntalned on a Lot shall be walled ln to conceal them from vlew form nelghborlng Lots, roads, or streets. Clothes 11nes shall not be vlslble from the streets or nelghborlng, Lots. n. No fence, unless approved as a part of the archltectural deslgn of the house, shall be constructed. o. Prlvate swlmmlng pools may be constructed on any Lot provlded they are sltuated ln the rear yard only and provlded further that no portlon of any such pool or lts appurtenances shall be closer to the rear or slde Lot l1nes than thlrty (30) feet. No above-ground swlmmlng pools shall be erected or malntalned on any of sald Lots. p. No satelllte dlshes or antennae or aerlals shall be placed, erected, or located on the Lot or on the structures erected on the Lot unless lts locatlon, screenlng, constructlon, helght and aesthetlcs are approved by Developer or after the Cutoff date by the Homeowners Assoclatlon. q. No ranch type dwelllng shall be erected of less than 1200 square feet, nor any two story dwelllng of less than 1600 square feet 11vlng area. ARTICLE VI GENERAL PROVISIONS Sectlon 1. Beneflclarles of Easements. R19htS and Prlvl1eaes The easements, 11censes, rlghts and prlvl1eges establlshed, created and granted by thls Declaratlon shall be for the beneflt of, and restrlcte~ solely to, the Developer, The Homeowners Assoclatlons, The Owner:$ an~t~elr. respective 8 ? 7 iqq;J ~.~... _.' '---- .,.._.__....._..~"...._.._,.cl.;,<_,.....,. . . heirs, executors and administrators, legal representatives, successors and assigns, and any Owner may grant the benefit of such easement, license, right or privilege to his tenants and guests and their illllledfate families for the duration of their tenancies or visits, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general pub1 ic. 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 Developer, any of the Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns, and/or The Homeowners Association (if any). However, nothing in this Declaration shall be construed as obligating the Developer to supervise compliance with or to enforce these covenants and restrictions and no person shall have a cause of action against the Developer for its alleged failure to so supervise or enforce. Prior to the Cutoff date, such power may be exercised by the Homeowners Association, or, if no such Association exists, by any Owner upon proof of the written consent of at least 60 percent of all Owners. This Dec1 aration shall terminate and be of no further force and effect as of January 1, 2014, unless the same is renewed prior thereto. Section 3. Riaht of Abatement (a) In the event of a violation or breach of any provision of this Declaration, the Developer, or a Homeowners Association (if any), may give written notice to the Owner setting forth in reasonable detail the nature of such violations or breach and the specific action or actions needed to be taken to , , steps to remedy such violation or breach within sixty (60) days after thelllailfng . remedy such violation or breach. If the Owner shall ,fail to take reasonable . . ~ ( .,. ;...!.':;' ,. /,'.,. '. 9 '\ , F:'l1 2 7 jqq-, . . of such notice, then the Developer of Homeowners Association shall have, in addition to any and all other rights provided by law or in equity, the "Right of Abatement" (defined below). The Developer or Homeowners Association (if any) shall be entitled to recover any and all costs and expenses incurred, including reasonable attorney's fees, in such action or proceeding. (b) The "Right of Abatement", as used in this Declaration, shall mean the right of the Developer or Homeowner's Association, through its agents and employees to enter at all reasonable times upon any Lot, as to which a violation, breach or other conditions to be remedied exists, and as agent for the Owner take the actions specified in the notice to the Owner to abate, extinguish, remove or repair such violation, breach or other condition which is contrary to t~e provisions of this Declaration, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions are carried out in accordance with the provisions of this Section and do not involve a breach of the peace. All costs of such entry and such actions shall be a binding personal obligation of the violating Owner enforceable at law or in equity, as well as a lien on such Owner's Lot. Section 4. Desianation bv Develooer The authority conferred herein upon the Developer or the consent required herein to be obtained from the Developer shall be exercised by or obtained from Herbert R. Mandel and Richard Israel, their successors and assigns, or such other party or parties as they may designate by a written instrument recorded and making reference to this Declaration. Section 5. Limit to Develooer's Obliaations Notwithstanding any provisions herein to the contrary, the Developer.shall .' . ~,; .~'" , . " ','1 ,"';;.'i^" have no further obligations, duties or responsibilities pursuantto,or.,,resulting 10 ..: fC';';~l~;,.P '>,"1>;6(\"'1 :".. 1.,.'1'., i. ,_,~. .:.J...;.Li~~"",;,~~"",,;~,::;::":;_::,';:";':::l:J . . from this Declaration subsequent to the Cutoff Date. If any written approval is required subsequent to the Cutoff Date from the Homeowners Association, and no such Association (as defined in Article I(f)) has been established, then, and in that event written approval shall be obtained from Herbert R. Mandel and Richard Israel, their successors and/or assigns., or such other party or parties as they may designate by a written instrument recorded and making reference to ,this Declaration. Section 6. Notices Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed to the last known address of the person who appears as Owner at the time of such mailin~. Section 7. Severabilitv 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. IN WITNESS WHEREOF, the foregoing Declaration has been executed by the Declarant on the day and year first above written. Richard Israel Herbert R. Mandel 11 '1 r ~./ 1990 -;- i';' f: ,.....;...,.",.,.,..',:,:. .'oiL.",.,..,;! '1-;, ,,(;t1~J . ",,~..;,!,/.;,-!'~"~', . ",':, 't.l' ,r-'!'" "- .' .if,"'.....".... ,r .....'. '.~' ,l., ~~!",'~-:.' ..:i~H~Ir.d~}", ,.~li"":' ' ~I ,J.;.....,.,....Il".~~ r" I:!- Jr',"; :~~~~;:~>~~:',~ :;f;'~; :~; :'::; ,~;; ~ '!I~k~., i.",! h~ .~ .".........! ,,' ....'j.... l~ "iI,',~' '" 0, ,'.'),_ ' . , ' ." ~ 3;. ':";.,' ";,""~. " : '! : i,'" J. 1::1; I j la(\~'!J'~'.~;:i<'~ .' ,"!~i+'i/:;t...:, .:{, ,i~.;.,1.\!~, ;~:f.,.,::-,},<:;!" ,-ft. ~~~(~i.,,' "'j:J":fl: ,". SCHEDULE "An POl,l; , ,'.....111 ;1 .It' t.,! , , " ALL. that c'rtain'plot.,piece or parcel of land. wlth the bu1ld1aa_land tmprove.ents thereon erected. situate. 1y1na and beina at Southold. in the Town of Southold. County of Suffolk and State of New York. beina bounded and described as;followa: ii, (I. :li:l. BEGINNING at a point on the easterly side of Bois.eau Avenue dilt.nt the following two (2) cour.es and distance. as mea.ured southerly a~onl .... from the corner formed by the inter.ection.of the e.sterly aide of Bol....u Avenue with the aoutherly adie fo Yennecott Drive1 1. South 22 deare.s 31 minutes 56 aeconds West 336.68 feet to a point; 2. South 2 deare.. 38 minutes 20 seconds Weat 439.00 feet to the true point of beginning; " RUNNING THENCE South 87 dearees 21 minutes 40 seconds East along the southerly line of land now or formerly of Robert Taplin 200.00 feet to ~ point; RUNNING THENCE North 2 degrees 38 minut.s 20 .econds East .lonl the eaaterly line of l.nds now or formerly of Taplin. Finne. Gold..ith , Wheeler and throulh three (3) monumtnea 452.11 feet to a monuaent; RUNNING THENCE North 88 degrees S7 minutes 30 seconds East along the .outherly line of lands now or formerly of Tuthill and lands shown on ..p of Yennecott Park. File '5187. 924.13 feet to a point; RUNNING THENCE along lands now or formerly of Richard and Laureen Wh..l.r the following two (2) couraes and distances: 1. South 14 degr.e. 42 minutes 20 .econds East 226.37 feet; 2. North 88 degree. S9 minutes 00 seconds East 200.02 feet to . point; RUNNING THENCE South 2 degrees 32 ainutes 10 seconds East along land. now or formerly of Francis and Patrick O'Malley 272.59 feet to a ~nument; RUNNING THENCE North 88 degrees S6 minutes 31 seconda Ea.t 572.59 f.et to a point; RUNNING THENCE South 23 degrees 29 minutes 07 seconds East 347.18 feet to a monument; RUNNING THENCE South 55 degrees 56 minutes 20 aeconds West along lands now or formerly of Edwin Mooney 902.45 feet to a monument; RUNNING THENCE South 55 degree. S4 minut._ 50 seconds Weat alonl lands now or formerly of Pete~ Meyer Jr. 382.92 feet to a gonuaent; RUNNING THENCE North 6 degrees 00 minutes 40 seconds East 488.47 f.et to a monument; RUNNING THENCE North 89 degrees 54 minute. 10 ..~ond. West 672.10 f.et to a monument; RUNNING THENCE North 2 degrees 38 minutes 20 s.cond. East 162.43 f.et to a monument; RUNNING THENCE North 87 degrees 21 minutes 40 .econda Weat 265.00 feet to a monumen t; continued... . ? 7 .~\;i' , ~.J~ft~.. .,' : 'l'~fiirJ.J,i": :.'; "r'~~}S~:~H.tt:';f, "',dt,~:!.,,,,~.,, . /':.'.i\,,-' ";', .~?":,, ~t1!i; . . ,,1.,!j-l'lll} 1,'1" ;~ .,:;,,;)'fl;W~! . ..; . , ~n, deare.s 38 minut.. 20 ..cond. East 336.18 ,f.at to . RUNNING THERCI North 87. degreea 21 atnut.. 40 ..conde West 200.00 f.et to · 8Onu.ent Bet on the ...tarly 81de of 801....u Avenue; RORNING TBENCZ'81onl the .asterly 81de of 801....u Avenue. North 2 d..r.... 38 .tout.. 20 ..conde Eaat 50.03 feet to the point or place of BEGINNING. '.' j , ..,; " , ': ~. "'-:l'" :~ r ~l r; - . . STATE OF NEW YORK: COUNTY OF SUFFOLK: On the day of , 1990 before me personally came Richard Israel to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK: COUNTY OF SUFFOLK: On the day of , 1990 before me personally came Herbert R. Mandel to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public .. '{ . ~ I' MAIN ROAO SOUTHOLO. NEW YORK 11971 15161 765-2288 REG1V:D FEE 1 5 1990 ~. . th ' , '. ....,..- 1"'1.......1, :"'.0'.' n,n LEWIS EOSON L1CENSEO BROKER MAIN ROAD CUTCHOGUE. NEW YORK 11935 (5161 734-6687 February 16, 1990 APPRAISAL REPORT FOR THE TOWN OF SOUTHOLD OF . PROPERTY AT BOISSEAU AVENU~Q R ~rfC~~, !\~~r---" SOUTHOLD, NEW YORK 11971 \\ ~ H FEB 2 0 \990 jtJl~,~ ~ L t l.",~...,~_.a. KNOWN AS i HIGHPOINT II SECTION ~ , . . LIMITING CONDITIONS This appraisal is subject to the following limiting conditions. The legal description furnished is assumed to be correct. I assume no responsibility for matters legal in character, nor do I render any opinion as to title, which is assumed to be marketable. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear under responsible ownership and competent management. I have made no survey of the property and assume no responsibility in connection with such matters. Unless otherwise noted herein, it is assumed that there are no encroachments, zoning violations or restrictions existing in the Subject Property. Information, estimated and opinions contained in this report are obtained from sources considered reliable, however, no liability for them can be assumed by the appraiser. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the applicant without the previous ~ritten consent of the appraiser or the applicant, and in any event only with proper qualification. I am not required to give testimony or attendance in court by reason of this appraisal, with re~erence to the property in question, unless arrangements have been made previously herefore. The division of land and improvement values estimated herein is applicable only under the program of utilization shown. There separate valuations are invalidated by any other applicant. . . ~ ..-.....; .---ij,~. \ ' ' ,x--Y '. y \ \'--\-+..1---\/' -- ^ ' ' \ ' ' ' , . --y/ '. . U-.J-- U\ HIGH POINT II AT SO SECTIO~THOLD ONE ,J-. "-j '-j 'j':J--r--, . ,J I!, .. . J ' r-r-r' . ..--LJ . ,~ n --r- ..L.LJ ' . ~..~ ;..-J I - ...-LJ I' - '..--.J . \ '\ ,\ , \...--.N , . ~ <; . ~\)~~ LOCATION MAP SCALE' 1" . -600' , ../ QUALIFICATIONS OF LEWIS L. EDSON I am a licensed Real Estate Broker with an office at Main Road, Southold, Suffolk County, New York. I have acted in many sales and purchases in the Town of Southold. I have also bought and sold real property for my own account at Southold and elsewhere in the Town of Southold. I am well acquainted with real estate values in Southold. Prior to opening First Towne Realty in June, 1976, I was with McDonald's Corporation as Director in Charge of new site development. During my nine year tenure, I either purchased or approved the purchase of over 300 locations in the Northeastern section of the United States and Canada. I have done many appraisals in the Town 'of Southold for individuals, attorneys, and I am an authorized appraiser for the North Fork Bank & Trust Company for commercial properties. I am a member of the Eastern Suffolk Board of Realtors. I have also qualified as an expert witness pertaining to real estate matters, before the Supreme Court of New York and the United States Federal Tax Court. . . .' Suffolk County Tax Map Number: 1000-55-6-15.1 part of Southold Town Taxes 1989 - 1990: $4,125.21 Property is zoned residential. Respectful d, Lewis L. Edson Licensed Real Estate Broker Subscribed to and sworn before me this 16th day of February 1990. C J/1J'0? ~ 11N/t1(J Notary CLAIRE L GlEW Notary Public. State of New York No. 4879505 . Qualified in Suffolk County t:.l() C!)mrnl<;.:::;m Exp!,es Q']C81T'bw 8. 1 9 -... 1 SUBJECT PROPERTY -~ I . ' ~ FfrstlOwne, ~alty;l, . , . j' MAIN ROAO SOUTHOLO. NEW YORK 11971 1516) 765-2288 LEWIS EDSON L1CENSEO BROKER MAIN ROAD CUTCHOGUE. NEW YORK 11935 (516) 734-6687 February 16, 1990 ----------------------- In the Matter of ) The Town of Southold ) ----------------------- State of New York ) ) SS ) County of Suffolk Lewis L. Edson being duly sworn, deposes and say: I am over 21 years of age and reside at Southold, Town of Southold, Suffolk County, New York. I am a duly licensed real estate broker and sole owner of First Towne Realty of Southold and Cutchogue, New York. I have acted in some sales and purchases in the Town of Southold. I have also bought and sold real property for my own account at Southold and elsewhere in the Town of Southold. I am well acquainted with real estate values in the Town of Southold. ~ . .~ On or about December 4, 1989, the Town of Southold requested First Towne Realty _to make an appraisal of certain property in the Town of Southold, Village of Southold, State of New York. While I was then generally familiar with the property, I have since carefully inspected all of the property for the purpose of appraising it. The parcel contains approximately 3.0448 acres with 50.03 feet on Boisseau Avenue and is located in the Village of Southold, Town of Southold, County of Suffolk, State of New York and is bounded on the east by other lands of Mandel and Isreal and on the north by Taplin and on the south by Simcik and on the west by Boisseau Avenue. The property is overgrown farmland. The 1989 - 90 Southold Town Assessment is: Land $9,400 Total $9,400 Subject parcel is a part of a larger parcel at present. In my opinion a fair market value for the parcel on December 4, 1989 is $80,000 for the 3 acre parcel. SG-CTlO rJ I . '- . nrstlOwne, ~alty.l, . StMbFI t...E lis- MAIN ROAO SOUTHOLO, NEW YORK 11971 (5161 765-2288 LEWIS EOSON LICENSED BROKER MAIN ROAD CUTCHOGUE, NEW YORK 11935 15161734-6687 RECEIVl:D ;:"CQ '! ~ ~C;j!-' 'i '- W J.. \.... l.~u~/ ~:o"..l--n!-4 T <",,- --'. ~I.. February 16, 1990 APPRAISAL REPORT FOR THE TOWN OF SOUTHOLD OF PROPERTY AT TUTHILL ROAD SOUTHOLD, NEW YORK 11971 KNOWN AS HIGHPOINT II SECTION .f----rC' ~rfl @ fl 0 W fl'.r 71 ~!DI9m " . f~n,,',IV7T.--'~- . - -- '\ - \Xl()~~ L-.Li~-\ , \-. /\ \ '. \ \\ . , \--..- ...--1-- ITnAT 3ECTION SOUTHOLD ONE u..,J- ..-j -..; ..~ ,-JITTTr, . :- __ -::-L-l..' ,T-1 : u-i r--' . .l :::h-L_/-' g ..---1 \ ~ .- . . "" LO~ATIO SC LE' '~'6~ae TIE IN' L ft= 40.00' 2. R = 250.00' ....J L ; 62.26' L =159.26: --- 1-) "', QUALIFICATIONS OF LEWIS L. EDSON I am a licensed Real Estate Broker with an office at Main Road, Southold, Suffolk County, New York. I have acted in many sales and purchases in the Town of Southold. I have also bought and sold real property for my own account at Southold and elsewhere in the Town of Southold. I am well acquainted with real estate values in Southold. Prior to opening First Towne Realty in June, 1976, I was with McDonald's Corporation as Director in Charge of new site development. During my nine year tenure, I either purchased or approved the purchase of over 300 locations in the Northeastern section of the United States and Canada. I have done many appraisals in the Town of Southold for individuals, attorneys, and I am an authorized appraiser for the North Fork Bank & Trust Company for commercial properties. I am a member of the Eastern Suffolk Board of Realtors. I have also qualified as an expert witness pertaining to real estate matters, before the ~upreme Court of New York and the United States Federal Tax Court. . , MAIN ROAO SOUTHOLD. NEW YORK 11971 (5161 765.2288 LEWIS EDSON LICENSED BROKER MAIN ROAD CUTCHOGUE, NEW YORK 11935 (516) 734-6687 February 16, 1990 ----------------------- In the Matter of ) The Town of Southold ) ----------------------- State of New York ) ) SS ) County of Suffolk Lewis L. Edson being duly sworn, deposes and say: I am over 21 years of age and reside at Southold, Town of Southold, Suffolk County, New York. I am a duly licensed real estate broker and sole owner of First Towne Realty of Southold and Cutchogue, New York. I have acted in some sales and purchases in the Town of Southold. I have also bought and sold real property for my own account at Southold and elsewher~ in the Town of Southold. I am well acquainted with real estate values in the Town of Southold. o , . On or about December 4, 1990, the Town of Southold requested First Towne Realty to make an appraisal of property in the Town of Southold, Village of Southold, State of New York. While I was then generally familiar with the property, I have since carefully inspected all of the property for the purpose of appraising it. The parcel contain approximately 24.4998 acres in the Village of Southold, Town of Southold, County of Suffolk, State of New York and is bounded on the north by Yennecott Park subdivision on the east by O'Malley and other lands of Mandel and Isreal on the south by Codan and on the west by Highpoint II Section I proposed subdivision. The property is overgrown farmland. The 1989 - 1990 Southold Town Assessment is: Land $9,400 Total $9,400 Subject parcel is a part of a larger parcel at present. In my opinion a fair market value for the parcel on December 4, 1989 is $12,000 per acre or $294,000. . . . Suffolk County Tax Map Number: 1000-55-6-15.1 part of Southold Town Taxes 1989 - 1990: $4,125.21 Property is zoned residential. Respectfully submitted, ~ Lewis L. Edson Licensed Real Estate Broker Subscribed to and sworn before me this 16th day of February 1990. (' ") - <_L'\ ej/J \ IJ(1GV .'7: i/":fr (Il--' Notary Public CLAIRE L GlEW NllI8ry Public. State of New Yortc No. 4879605 y; Qualified In Suffolk County {, 01 Commission Expires December 8. t~ - , ,.. . SUBJECT PROPERTY . . LIMITING CONDITIONS This appraisal is subject to the following limiting conditions. The legal description furnished is assumed to be correct. I assume no responsibility for matters legal in character, nor do I render any opinion as to title, which is assumed to be marketable. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear under responsible ownership and competent management. I have made no survey of the property and assume no responsibility in connection with such matters. Unless otherwise noted herein, it is assumed that there are no encroachments, zoning violations or restrictions existing in the Subject Property. Information, estimated and opinions contained in this report are obtained from sources considered reliable, however, no liability for them can be assumed by the appraiser. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the applicant without the previous written consent of the appraiser or the applicant, and in any event only with proper qualification. I am not required to give testimony or attendance in court by reason of this appraisal, with reference to the property in question, unless arrangements have been made previously herefore. The division of land and improvement values estimated herein is applicable only under the program of utilization shown. There separate valuations are invalidated by any other applicant. . ffrstlOwne, ~alty;l\ .. :SuNl U; 1/>. (W~ ~2.,) ~. .. MAIN ROAD SOUTHOLO. NEW YORK 11971 15161765-2288 LEWIS EOSON L1CENSEO BROKER MAIN ROAD CUTCHOGUE. NEW YORK 11935 15161 734-6687 ~\:i'q\,l:.D ,\.;..........-. Ft:.S 1 :-) '1990 <:,_",t,,,:...l ' . .,.-,_..1.. February 16, 1990 APPRAISAL REPORT FOR THE THE TOWN OF SOUTHOLD OF PROPERTY AT SOUTHOLD, NEW YORK 11971 KNOWN AS ___,.r"~~'-i~; .-..--*:\ j C. \ " ~,.~".. '\"J? \\'.:, ie, \ ,\'""\ ". \. " ,.> II iI \ ::l;,__..o-;"--- \\ \in () \\';\ rfB L Q \CfJ \";- HIGHPOINT II SECTION III ~. . ~ . LIMITING CONDITIONS This appraisal is subject to the following limiting conditions. The legal description furnished is assumed to be correct. I assume no responsibility for matters legal in character, nor do I render any opinion as to title, which is assumed to be marketable. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear under responsible ownership and competent management. I have made no survey of the property and assume no responsibility in connection with such matters. Unless otherwise noted herein, it is assumed that there are no encroachments, zoning violations or restrictions existing in the Subject Property. Information, estimated and opinions contained in this report are obtained from sources considered reliable, however, no liability for them can be assumed by the appraiser. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the applicant without the previous ~ritten consent of the appraiser or the applicant, and in any event only with proper qualification. I am not required to give testimony or attendance in court by reason of this appraisal, with reterence to the property in question, unless arrangements have been made previously herefore. The division of land and improvement values estimated herein is applicable only under the program of utilization shown. There separate valuations are invalidated by any other applicant. -.-.-.- . . " ~ C L l- I " ~_L- --1 \ \" /, " , z " > . ,,0 ",0 ,,' ~o .' .9-~'-'- o'~ -<,+ ,:oS o~ '(,.A' "',-v _ S -~- --I ~-I . ~ --I '-rrrriTlli ~" .'_~i.. ,.LL_-L. J ---L. -1--..LJ \" ; -"-'1---"---\ ~ __.--.J . \ ~ .~~ \-.' \ \ ,,-0 ",1)...--- - \..1l-,*,1) LOCATION MAP -SCALE'I ' 600 \ \ ' \ 6w":-M~) SITE DATA . I TOTAL ARF ^ " /1/"', o . QUALIFICATIONS OF LEWIS L. EDSON I am a licensed Real Estate Broker with an office at Main Road, Southold, Suffolk County, New York. I have acted in many sales and purchases in the Town of Southold. I have also bought and sold real property for my own account at Southold and elsewhere in the Town of Southold. I am well acquainted with real estate values in Southold. Prior to opening First Towne Realty in June, 1976, I was with McDonald's Corporation as Director in Charge of new site development. During my nine year tenure, I either purchased or approved the purchase of over 300 locations in the Northeastern section of the United States and Canada. I have done many appraisals in the Town of Southold for individuals, attorneys, and I am an authorized appraiser for the North Fork Bank & Trust Company for commercial properties. I am a member of the Eastern Suffolk Board of Realtors. I have also qualified as an expert witness pertaining to real estate matters, before the Supreme Court of New York and the United States Federal Tax Court. (' . suffolk County Tax Map Number: 1000-55-6-15.1 a part of Southold Town Taxes 1989 - 1990: $4,125.21 Property is zoned residential. Respectfully submitted, :L. Lewis L. Edson Licensed Real Estate Broker Subscribed to and sworn before me this 16th day of February 1990. . CraLL:' ;t C/\~/?~,J Notary Public CLAIRE L GLEW Notary Public. State of New York No. 4879505 ~? " Qualified in Suffolk County '7 0 Commission Expires December 8. 1!l.L::: -, .; :...,..' SUBJECT PROPERTY . 1 . . . . nrstlOwne, f ~alty.l~ , . MAIN ROAD SOUTHOLD. NEW YORK 11971 15161 765-2288 LEWIS EDSON LICENSED BROKER MAIN ROAD CUTCHOGUE. NEW YORK 11935 15161 734-6687 February 16, 1990 ----------------------- In the Matter of ) The Town of Southold ) ----------------------- State of New York ) ) SS ) County of Suffolk Lewis L. Edson being duly sworn, deposes and say: I am over 21 years of age and reside at Southold, Town of Southold, Suffolk County, New York. I am a dul~ licensed real estate broker and sole owner of First Towne Realty of Southold and Cutchogue, New York. I have acted in som~ sales and purchases in the Town of Southold. I have also bought and sold real property for my own account at Southold and elsewhere in the Town of Southold. I am well acquainted with real .estate values in the Town of Southold. ~ ~--"<. ~ On or about December 4, 1990 the Town of Southold requested First Towne Realty to make an appraisal of property in the Town of Southold, Village of Southold, State of New York. While I was then generally familiar with the property, I have since carefully inspected all of the property for the purpose of appraising it. The parcel contains approximately 10.2174 acres and is located in the Village of Southold, Town of Southo1d, County of Suffolk, State of New York and is bounded on the east by O'Malley on the north by O'Malley on the south by Mooney and on the west by Highpoint II Section II a proposed subdivision. The property is overgrown farmland. . The 1989 - 1990 Southold Town Assessment is: Land Total $9,400 $9,400 Subject parcel is a part of a larger parcel. In my opinion a fair market value for the parcel on December 4, 1989 is $10,000 per acre or $102,000. . . Town Hall. 53095 Main Road P.O. Box 1179 SouthoJd. New York JI971 TELEPHONE (516) 765.1938 PLANNING BOARD OFFICE TOWN OF SOOTHOLD February 14, 1990 Herbert R. Mandel DBM Co. 443 Main Street Greenport, New York 11944 RE: Major Subdivision Highpoint Meadows Section One Highpoint Meadows Section Two Highpoint Meadows Section Three (formerly known as: DBM Affordable Housing or Highpoint II at Southold Sections One, Two and Three) SCTM* 1000-55-6-15.1 Dear Mr. Mandel: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Tuesday, February 13, 1990. RESOLVED that the Southold Town Planning Board adopt the . Suffolk County Planning Commission reports dated January 5, 1990, in reference to Highpoint II at Southold, Section One, Highpoint II at Southold, Section Two, and Highpoint II at Southold, Section Three. The final public hearing, which was opened on November 20, 1989, was closed. WHEREAS, Herbert R. Mandel and Richard Israel are the owners of the property known and designated as SCTM* 1000-55-6-p/o 15.1; and WHEREAS, this major subdivision, to be known as Highpoint Meadows Section One; Highpoint Meadows Section Two; and Highpoint Meadows Section Three (f~rmerly known as Highpoint II at Southold, Sections One, Two and Three or DBM Affordable Housing Project), is for 56 lots on 37.762 acres in the Affordable Housing Zoning District; and WHEREAS, a Final Environmental Impact Statement was completed and accepted by the Town Board as lead agency for the action on April 12, 1989, and a Findings Statement was adopted by the Town Board on April 25, 1989; and . . WHEREAS, the final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 13, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant 'conditional final approval on the subdivision maps dated February 5~ 1990 and the Final Road and Drainage maps dated February 5, 1990, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. 1. Conformance with all requirements of the Affordable Housing District. 2. Submission of final maps (5 paper prints and 2 mylars) containing the following information: A. A valid stamp of approval from the Suffolk County Department of Health Services. B. A notation that Declaration of Covenants and Restrictions have been filed. This notation must include the Liber and Page numbers. C. Compliance with the October 13, 1989 report from the office of Sidney B. Bowne and Son, which was adopted by the Planning Board on November 11, 1989. 3. Submission of a "sales map" designating the affordable lots. 4. Receipt of all covenants and restrictions, and approval of same by the Town Attorney as to correctness, legal form and content. The Declaration(s) must include the following: A. The covenant and restriction which was required in the Findings Statement pertaining to the restricti~n of the application of inorganic fertilizers to reduce nitrogen loading into the ground water. . . B. The following terms and conditions shall apply to that land lying within the "Conservation Easement Area" included in Lots 50 through 55 as shown on the final approved subdivision map of Highpoint Meadows. 1. No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be interpreted as including swimming pools; patios; garages', sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences, retaining walls and bulkheads. 2. The entire easement area shall remain in its natural state. 3. The easement area shall not be filled with soil, sand, brush or other debris. 4. The easement area may be traversed by a walkway, whether elevated or on the ground, provided permits can be obtained from the applicable agencies, which may include the Southold Town Board of Trustees, and the New York State Department of Environmental Conservation. 5. Any disturbance to the land within the easement shall be redressed by the restoration of said land to its prior state within sixty (60) days of the disturbance or of the date the disturbance was reported to either the Planning Board or the Bay Constable. C. A covenant, as per Section A106-33 (2) of the Subdivision Regulations of the Town Code, that the individual lots will be so designated as to accommodate all off-street parking. As per the May 17, 1990 correspondence from the Southold Town Board Highway Committee, there are to be two parking areas, excluding the garage or carport, in each lot to provide off-street parking. 5. Submission of a copy of the recorded Declaration(s) of Covenants and Restrictions. . . 6. Review, and approval, by the Town Attorney, of the water contract between DBM Co. and the Village of Greenport. 7. Submission of the park and playground fee. The amount of this cash payment in lieu of land for park and playground purposes is to be determined by the Town Board. 8. Submission of a bond, Letter of Credit or equivalent for the amount of $565,530.00, and acceptance of same by the Town Board. This bond estimate includes Section One, Section Two and Section Three. 9. Submission of the inspection fee of $33,931.00. Please contact this office if you have any questions regarding the above. Very truly yours, &,1/}~/ O/~. L Bennett Orlowski, Jr. ~ c~S Chairman enc. Planning Commission reports Engineer report cc: Richard Israel William Moore .c .~ 'ou~(rY OF SUFFOLK . r- \ \ ::".w,-"U=.- Pc ."1'S PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 5, 1990 Mr.. Bennet t Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Map of Highpoint II at Southold, Section One Easterly side of Boisseau Avenue 775.68 feet southerly from Yennecott Drive, Southold, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on January 3, 1990, reviewed the proposed subdivision plat, entitled, "Map of Highpoint II at Southold, Section One" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map. Very truly yours, Arthur H. Kunz Director of Planning ~..r' (J ~.... l :It. I """i".<"r.,,, .K.." /,"',',,1 ~._,.,;t ~..~-.:;,; ...:':tj, ~..,.:,;'/..~... by Charles G. Lind, Chief Planner. Subdivision Review Division File: S-SD-89-16.1 CGL:mb Encl..: Map cc: Edward Romaine, County Clerk {D1 ~ ~~r /.... UJ I [& ~ 0 ~q ~ ,/ijl1 "."1 - " ".-., SOi.iHlOLC~~'.:. .,'j PLANNING 80i;'0 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I.. NEW YORK 11788 (5161 360-!51 512 , .i/ . ;i cou~ tY OF SUFFOLK . ( " :''"-iCF. u2;" ('i':J ,"173> .~ ~jf . ~=J;~ ~". f,~J) ,~ PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 5, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 ..._ ~~, o' \" ,~ I -' ~ ;'-~. -;' -;; , , .- , Re: Map of Highpoint II at Southold, Section Two Easterly side of Boisseau Avenue 775.68 feet southerly from Yennecott Drive, Southold, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on January 3, 1990, reviewed the proposed subdivision plat, entitled, "Map of Highpoint II at Southold, Section Two" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map. Very truly yours, Arthur H. Kunz Director of Planning ,:t''''''f'~.':' _.... _,,1 :.. ...o.f ./ .' '''y . , .,} . ..... . ,~:.::..!'.,.,,"'l by ."'......,1-....1 ~ ",""'" ~./.; t~.... . Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-89-16.2 CGL:mb Encl.: Map cc: Edward Romaine, County Clerk r:- ;/:i;~I-:2-.d I~ U \j'~' I n" I i VETERANS MEMORIAL HIGHWAY HAUPPAUGE, LI.. NEW YORK 1 1788 IS 161 ~6o-!5192 , i L '-. ';', ---- 'OL.t, TY OF SUFFOLK . ( ~ -~~i6l--'t MS Fb PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 5, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: T)('I'--\ '-<;,-- Map of Highpoint II at Southold, Section Three Easterly side of Boisseau Avenue 775.68 feet southerly from Yennecott Drive, Southold, New York. . i /" { ...... Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on January 3, 1990, reviewed the proposed subdivision plat, entitled, "Map of Highpoint II at Southold, Section Three" referred to it pursuant to Section AI4-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map. Very truly yours, Arthur H. Kunz Director of Planning ,,~ If /"":>>".,<~ , by ~;{,'~'~.'''''..,,;:.; Charles G. Lind, Chief Planner, Subdivision Review Division ,-'~;.". ! '. ,l ~'.' '.>->~:~" File: S-SD-89-16.3 CGL:mb Encl.: Map cc: Edward Romaine, County Clerk r--- //~;-[ff &J~I!_ '1 fr- "'V~ - }I. t "'/- "J' , :'~"II"'IN"~-:~, . .. I VETERANS MEMORIAL HIGHWAY HAUPPAUGE, LI.. NEW YORK 11788 CSISI3So..S1g2 Sidney B. Bowne, P.E., L.S. (1922-1959) Chester C. Kelsey, P.E., L.S. Robert A. Slan1on. P.E. Robert W. Brown, L.S. Zabdiel A. Blackman, P.E.. L.S. Frank J. Antetomaso, P.E. .' . SIDNEY B. BOWNE & SON 'if~ <ff~ 45 Manor Road Smith town. N.Y. 11787 (516) 724-0611 Roland Anders Francis J. Lynch Phillip Schlotzha Joseph F. Stegm William T. Styne Richard B. Webe George A. StylEl, P.E. Jerry D. Almon't, P.E. George L. Fagan, Jr., Ph. D., P.E. Frank Capobianco, C.E. Paul F. Stevens. P.E. Roger L. Coccl"d, P.E. .-'_. , Thomas R. Pynchon. L.S. October 13, 1989 Bennett Orlowski, Jr., Chairman Town of Southold Pl ann ing Board 53095 Ma i n Ro ad Southold, N.Y. 11971 Re: DBM AFFORDABLE HOUSING - HIGHPOINT II AT SOUTHOLD S.C.T.M. 1000-55-6-15.1 (SBB NO. 87335) Dear Mr. Orlowski: We have completed our review of the final drainage plans for the above referenced project. Approval is recommended upori the inclusion of the two (2) following items. 1. Catch basins No.1 and 2 should have concrete inverts without sumps, since they will also function as manholes and be required to handle large amounts of storm water flow. 2. The recharge/drairiage area should be fenced because of the 10 . foot design depth of water. Also, as per your request, we have prepared the bond estimate. An itemized breakdown is attached. A summary of several items included with the bond estimate is also enclosed. Very truly'yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS " ' / ~ //..?? ~",~i' Q/,' i~_ tlOHN ~!. KOHN ~I~JK : c 1 9 cc: R. Jacobs R. De an MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An EQu.1 Opportunity Employ8f' M/F/H (.' t ":p.fJFILb -P8, p,.Froe PI!> Hov5.t It1S - F'1) 755 Long Creek Drive Southold, N. Y. 11971 February 8, 1990 Mr. Bennet Orlowski Chairman of Town of Southold Planning Board Main Road Southold, N. Y. 11971 Re: Boisseau Avenue 37 Acre Development Property Dear Mr. Orlowski; In the above matter, we wish to have the planning board tally our opinion in favor of increased buffer space. Having studied the master plan, we feel that trading a number of house lots for naturally landscaped pockets will bring the project closer to the rural character of the area. Thanks for your consideration. Very truly yours, Jo~r~c..tro V~j~} (~~ \\:~\'J,;~\,,~~'~;\ ,,3",.".., \U~\ fEB - 9 SI) '\ l;-",;~"'"(,:" ~lh'.,.\~},~.:.,:.,) Pl"NNI~:: ,': ' ,.--."'~ f~ \. . ,t/C{ .t..1,. ~ / DECLARATIONS OF COVENANTS AND RESTRICTIONS FOR DBM CO. This Declaration, made the day of , 1990, by DBM CO., a partnership with principal offices at 443 Main Street, Greenport, New York 11944 (hereinafter referred to as "Declarant") WITNESSETH WHEREAS, Declarant, is the owner in fee simple of certain premises situate at East Marion, Town of Southold, Suffolk County, New York, described on the Suffolk County Tax Map as District 1000, Section 055, Block 06, Lot 15.1 and as more fully described in the attached "Schedule A" and WHEREAS, the Southold Town Planning Board, by Resolution made on ^C, 1990, granted final subdivision plat approval of the property described in Schedule A, as shown on m<,p of Howard W. Young, N.Y.S.L.S., dated September 27, 1988 as last revised February 5, 1990 and, WHEREAS, the final subdivision approval was conditioned upon the filing of certain covenants and restrictions to establish "conservation easements" on some of the lots within the subdivision; NOW, THEREFORE, in compliance with the Resolution of said Southold Town Planning Board, Declarant herein declares that the aforesaid land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land: 1. Lot numbers 22 through 25 and 27 through 31 inclusive shall be burdened by a twenty-five (25) foot deep conservation easement at the rear of each lot which easement shall run across the width of each of the respective lots as shown on the subdivision map prepared by Young & Young dated February 5, 1990. No buildings or structures of any ( .. . . kind shall be constructed or erected in the easement area. 2. Lot numbers 50 through 55 inclusive shall be burdened by a conservation easement at the rear of each lot as shown on the subdivision map prepared by Young & Young dated February 5, 1990. The conservation easement is seventy-five (75) feet in depth from a wetland area shown on the Young & Young subdivision map dated February 5, 1990 as a "Vernal Area Intermittent" and has been delineated on the subdivision map. No buildings or structures of any kind shall be constructed or erected in the easement area. IN WITNESS WHEREOF, the foregoing Declaration has been executed by DBM CO., or. the day and year first above written. DBM CO. BY: Richard Israel, partner STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On the day of , 1990, before me personally came Richard Israel, ~;) me known, who, being by me duly sworn, did depose and say that he is a member of the co-partnership of DBM CO., the firm described in and which executed the foregoing instrument and acknowledged to me that he executed the foregoing instrument for and in behalf of said co-partnership. Notary Public , ~f I 1;1 ~i ~l :1 i J ? AI .'';; ;,;~ ~ :1 J :~ ,~ '.1 i '<< 1 :~ ::-i 1 '1 ~ ~ ;, ~ , :~1 I -.:'j :d .....Lor. "''I..LJ-~. 1'\..7. U'U-j.1. I SCHEDULE DESC!l.r!ON OF "A" ,'i,'~ ',; U"~"''';>'''''''''!''"<!'. PROPERTY' " ';, , ALL that certain plot, piece or parcel of land. with the buildings snd improvements thereon erected, situate, lying and being at Southald, in the Town of Southald. County of Suffolk and State of New York. being bounded and described as follows: ~ BEGINNING at a point on the easterly side of Boisseau Avenue distant the fOlloWing two (2) courses and distances as measured southerly along same from the corner formed by the intersection of the easterly side of Boisseau Avenue with the southerly ad!e fo Yennecott Drive: 1. South 22 degrees 31 minutes 56 seconds West 336.68 feet to a point; 2. South 2 degrees 38 minutes 20 seconds West 439.00 feet to the true point of beginning; RUNNING THENCE South 87 degrees 21 minutes 40 seconds East along the southerly line of land now or formerly of Robert Taplin 200.00 feet to a point; RUNNING THENCE North 2 degrees 38 minutes 20 seconds East along the easterly line of lands now or formerly of Taplin, Finne, Goldsmith & Wheeler and through three (3) monumtnes 452.11 feet to a monument; RUNNING THENCE North 88 degrees 57 minutes 30 seconds East along the southerly line of lands now or formerly of Tuthill and lands shown on map of Yennecott Park, File #5187, 924.13 feet to a point; RUNNING THENCE along lands now or formerly of Richard and Laureen Wheeler the following two (2) courses and distances: 1. South 14 degrees 42 minutes 20 seconds East 226.37 feet; 2. North 88 degrees 59 minutes 00 seconds East 200.02 feet to 8 point; RUNNING THENCE South 2 degrees 32 minutes 10 seconds Esst along lands now or formerly of Francis and Patrick O'Malley 272.59 feet to a monument; RUNNING THENCE North 88 degrees 56 minutes 31 seconds East 572.59 feet to a point; RUNNING THENCE South 23 degrees 29 minutes 07 seconds East 347.18 feet to a monument; RUNNING THENCE South 55 degrees 56 minutes 20 seconds West along lands now or formerly of Edwin Mooney 902.45 feet to a monument; :1 RUNNING THENCE South 55 degrees 54 minutes 50 seconds West along lands now or formerly of Peter Meyer Jr. 382.92 feet to a monument; RUNNING THENCE North 6 degrees 00 minutes 40 seconds East 488.47 feet to a monument; RUNNING THENCE North 89 degrees 54 minutes 10 seconds West 672.10 feet to a monument; RUNNING THENCE North 2 degrees 38 minutes 20 seconds East 162.43 feet to a monument; RUNNING THENCE North 87 degrees 21 minutes 40 seconds West 265.00 feet to a monument; continued.... ~:>:"'A"""P''''''''!!,: ~~~ Ilml',"f,/I!!I~~~"'" ',' . '1'~.i'~;I;':~,~''1~1~'-(''f,'~'' .', .,<_~,,:', ' '. ,.,.!lI:.'.." , ,_,r::::~'.(!',"'. ">>..t" -r:',,,~:,~~"-'<;~"'" ',": :";;~~:"""':~~<.l."\\:-':~.'~~'~:':';~:.,-".. /: :.~; '1'" I ,,-,~'il}'<,",,-,~:'\-("'_-' ""0"," ,....... ..........,'.".l.i.".."... . .' ..... '. " ";;>i':',W,!',g'. '. i' RUNNING TRENCE North 2 degrees 38 minutes 20 seconds East'336.18 feet to a point; RUNNING THENCE North 87 degrees 21 minutes 40 seconds West 200.00 feet to a monument set on the easterly side of Boisseap',Av,enue; RUNNING THENCE along the easterly side of Boisseau Avenue, North 2 degrees 38 minutes 20 seconds East 50.03 feet to the point or ~lace of BEGINNING. , ... ~ ',' '1 t":_fi.;:' " :)::~>:J.:;:~,. ':.,' .. 'I ' .' ~ < .~~ ;, n,' ~ l "<'1'~' .1~~:j,'~_':' l~J'1 t'i~f'I:;<k":: :~;::i';d~t::, ,~ ~~: ( .i/.i\iiI'~t~<?.. ""\:i~' ',}' 1. . ,,-':;01-.10:". "',"" 'm~' ";/ ,l..-ly~.~~~,~ ~~r ~(> e' r. ri tr ~"I",~ y,'"IJl'J' I' !' . ~ /Ii'!r~ ff<'..t~':y.c>\" "~^t: . ~,,' 14~" \1,;' ;'1),,' " , r O"~ F";!;\r'Ill. ~ "..t., " . ~\~'i*''Y.7,' ! , fi~':~> 1:f~:::t~:'.. f"~ ; ,:' '.';:"; ;:~:.""... t' ,iH,J {t~',i: ,',:t,( , 'po J . ~u eP1 L€ MS MOORE & MOORE Attorneys at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattltuck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298.5664 William D. Moore Patricia C. Moore Margaret Rutkowski Secretary February 6, 1990 Southold Planning Board Southold Town Hall Main Road Southold, NY 11971 \ J 0 Re: Highpoint Meadows Dear Members of the Board: Enclosed please find the following: 1. Four prints of the final road and drainage map 2. Four prints of each of the three sections proposed for the subdivision Please note the following revisions made pursuant to your request; 1. Redrawing of the flag lot (lot #6) 2. Creation of a 25 foot wide conservation easement burdening lots 22 through 25 and lots 27 through 31 inclusive 3. Creation of a conservation easement on lots 50 through 55 inclusive We hope that with these changes, final plat approval can be given at your meeting on February 13th. If you have any questions, please do not hesitate to contact my office. WDM/mr Enc1 s. roJ.' ~ ,n", R n ~l1.. I, L. WI ~ '-~1 . . Feb~ 2, 1990 P.la.nn.i.ng 8calLd Town 06 Southotd Town Hail. MaUL Road Southotd, N. Y. 11971 Attn.: Be.nne..tt OILtoW6/U, JJL., Chahunan Re: AM Con6eJLeJlce 06 2/2/90 Ge.ntteme.n; lna.dvelLte.n.tty the 6a.c.t .tha..t we aILe to eli.mina..te .the 6.la.g lot 6Mm .the map,,(;n adcU:Uon to the o.tlteJL i:temL> e.nn.meJr.a.te.d on OUIL pJLeVMLL6 te..tteJL toda.y, IlkU omUted .tIleJLe6Mm, pte.a1le be advLled .tha..t U LI OUIL bttenUon to compty with YOUIL JLe.quut ,(;n .t/t.U, JLegalLd. HRM/JJp li!(;lRn~n!~f;:;) ill I!; \!!l [!;_~_.:..~2,!!! Ii \ .1. ' ~ q ~ 1 ";iJH FBl - J i990 ,L..J i .Ji -....-- I HI.\1_0 rCNiN ~ tNu Dv~RO F _.."_._-_._~- ~I..€" P6 ,tfS HERBERT R. MANDEL RICHARD ISRAEL 443 Main Street. Greenport, NY 11944 · (516) 477-2223 ~ . S4bFl ~ Pe, M-S (wS.) 3150 Boisseau Ave. Southold, NY 11971 February 3, 1990 Southold ~own Planning Board 'Fown Hall SOl.lthold, NY 11971 \)~M Ladies and Gentlemen. I commend you on your decision to reconsider the matter of open park area in the DBM property on Boisseau Ave., A1t this time in the history of our town, when two-acre zoning is in effect and there is still open space in many parts of the village, a small park area could be considered of minor sig- nificance. We are talking here, however, of a development where young people hope to be raising their children. Certainly it is possible to find several open areas in town that have been neglected and allowed to remain so. Such have become eyesores to their neighborhoods. A worst case scenario is easily found in the very neighborhood of which we speak. But there are other open areas and parks in town that have been cared for and are appreciated by the people adjacent to them. To learn how covenants have assured them os success would require effbrt and research. A primary truth to be leijrned, I believe, would be that they were never part of a "make-your-money-and-run" venture. TWo-acre zoned real estate is open but unaffordable to those in need of housing. Certainly if any area deserves open space it is this development that is committed to affordable housing. As the planning boan:! it is your responsibility to consider the greater picture--the needs of the inexperienced in home ownership and the future of generations yet unborn. Yours is a most difficult task. ~b preserve the best for those who do not have the benefit of hind-sight requires vision., courage and determination. Thank you for giving park area in the DBM plan anotherc' chance. ,j, S,uth,ld ~own ..ard 00 rnmlrnu\Yl FEB - 5 I9!ll Sincerely, ~~~~ i r '.Lorna E. Tuthill SOUHl0tD Tl)'Yf' PLAf'!tlli~lL;:; :,', ";' . - --' 4::j1J HEI lERT . CDP~ TFl~ FILo If'II'"&A6p, LE R. ~.A.NnEL WfTJ.( ~INrtz- 443 Main St"'eet: . G,..eenpor-t. NeVIl Yor-k 11944 Telephone, (1:;-161477.2223 Tr i /'c'orv I hI{) S/lUl Ot\) I, _H' ...~_.~~~__~ Jp.___ ,p}4.-~~d . fi~~ H' _ ...76: :~ __L~.~. "? _ _ . . . . 1 (1 ~ r,\x !I('.: ""('11: .kk~ ~-tJ.--f-'~ . . tj.7?~ d.. 7 ~.t . rllx NO.: U'll1f. 110. OF Iw;rs INCI./il/lIJG TIllS LfA.u SHerr "'2- srrn,\/ PJ.~mUnl(W~: ~'r~~ j;~(J _. /!.~ ,;-1 ).-/ 1p ~dP.. - . -.. ...... . - .__....- .,._-~ .,~ ,~A~ " ~ !1 ~D Ii @~~}-~ -~ ~" - :) \990 U\ HR~.----, ~~2';;;:b ___.: fL~l<i'\\NG ov:.:-- . ~DB~ COo HERBERT R. MANDEL RICHARD ISRAEL Feb~ 2, 1990 PlAYlYli./'Ig 8o/VLd Towl! o~ Southold Town HaU. MlWI Road Southold, N. Y.11971 Attrt.: BeYlI'le..tt OwwolU, J1I.., CluUJunaYl Re: AM Con~eJtence o~ 2/2/90 GettteQJllel'l; lna.dveJt.te;tti.y the aa.c..t .tha..t we. Me to ee.<mUULte .the. 6-I'a.9 .tot 6Jtom the ma.p,..llt addU.i.OIl to .the otheJt Uemf> ellUlneJUl.ted all OUit 'ptteV..lott4 te:tteJt today, waf> omUted tllelte6Mm. pleMe be a.dv.ued tha.t. U .w OUlt Lntet1Um to comply wLtlt !fOUlt ll.equ.e4t hI .tltLl> Iteg/VLd. HRM/6p r;;~~(,,~~'\j]f-;:::- "n \.$ ~ .5..!-=--- ~U<l ru \ fEB - 2 \',)30 \ ---- $Olf1," .,"\- i r~ \;:t"j'.J -'~' --1_ -~ ; 443 Main Street. Greenport, NY 11944. (516) 477-2223 .1 SLlbFtt.e "Pb MS n} HERBERT R. MANDEL RICHARD ISRAEL Feb~ 2, 1990 P.la.ttning 80aJtd Town 06 Southo.e.d Town HaU. MiUn Road Southo.e.d, N. Y. 11971 Attn. : 8ennett OJtl.o~IU, JIL., CfuUJunaJt Re: AM Con6e1Lenc.e 06 2/2/90 J;8M/+Fr-oV:>~ UPlASIN6;. Ge.nttemen; We applLec..i.a;ted the c.oUlttu,-i.u, eUended by the p.la.nn.Utg boaJtd a.t the .6ubjec.:t c.on6etr.ence. Tn acc.oJU:iance w.t.ih youJt 1Le.qu.e.6,t we. aILe enc1.o.6-i.ng hetr.wUlt a copy 06 .the lAk1.teJr. c.ontlLa.c..t nOlL IU.ghpo-i.n.t H. We wUl 601Ll<<Vtd you, p!ti.olL.to Febtr.uatr.y 13th, a ".6al.u map" ~ the tou du,-i.gna.ted a660Jtda.bte. Tn a.dcUti.on, we wUl .tILy to .6uppty you ~I!l.th a mod-i.~ed map -i.nd-i.ca.tive 06 a COn.6etr.va.ti.on atr.ea a.t the 1Leatr. 06 the tou centeJr.,(.ng .6e.c:ti:on 2 M we.U M the tou cont.<.gUOU.6 with the we.tian.d.6 alLea. a.t the nolLth-eMt COILnetr. 06 the pILOpeJr.ty. We tILU.6,t the above ~U.i.U .6etr.ve .to peJt/llU; youJt cto.6-i.ng 06 the hea.tr.-i.ng.6 on :th1..6 map on Fe.btr.uatr.y 13th. V HRM/.6p Encl. [D)lm @ m 0 WI rn,fni!nIll)! FEB - 2 1900 L'____,,___J SOUTHG'.1l TOW'.: PlAN;.!!,\:r; .:,,-""~fl ! --.-.~_ __N'4~_._..;.><_".,""" 443 Main Street. Greenport, NY 11944 · (516) 477-2223 . LAW ornCE5 PETE'" S. DANOWSKI, J",. 616 ROANO~E "VENUE PO BOX779 RIVERHEAD. NY 11901 . "--1 PETER 5 tlAlJOWSKI JR ROBERT r ~O;:^~IEWICZ (5'6) 727.4900 rAX (516) 727.7451 MICHAEL T CLIFFORD O~ COUNSel January 26, 1990 PAMELA A 9LA~E GRACE GA TZ EILEEN L BR! CKEN ALICE SALVI SEC"ETARIi.:; John J. Munz~l, Esq. 548 Roanok~ AV~nue Riv~rh~ad, NY 11901 In)~@rn LUl FEB - 2,~n" SQUTHC!D ,,,,'-, PLANNING GuARD .....,.... JOHN J. MUNZEL, th~ und~rsigned, herebyack a e ~~/. h in r~ceipt of a c~rtain ch~ck from DBM Co., dated J.R~__~ 16, /7'/~J ~, in th~ amount of $143,920.00, subject to collection, which h~ will hold in ~scrow, pursuant to a Wat~r Supply Contract, ex~cut~d by DBM Co., on January 26, 1990. The provisions of this Escrow Agr~~m~nt p~rmit and r~quir~ the undersigned to.turnsaid funds over to the Villag~ of Greenport upon approval and filing with the Suffolk County Clerk of a certain map entitled, "HIGHPOINT II AT SOUTHOLD", at Southold,'Suffolk County, N.Y., which map is r~ferr~d to in said Water Supply Contract, attac~p.d hereto. Re: ESCROW LETTER DBM CO. wi VILLAGE OF GREENPORT It is the condition of this Escrow Agreement that the monies without interest shall be immediately refunded to DBM Co. at ~he end of a Ninety (90) day period running from 'the receipt by DBW Co. of a fully executed' Water Supply Contract endorsed.by the Village of Greenport, unless within the Ninety '(90) day period, DBM Co. advises the Village of Greenport through its attorney, John J.~nzel, Esq., that the subdivision map has been filed with t~e( ,t lerk of Suffolk County. Institutional interest on said fund w be obtained and turned over to the Village of Gre np n any event. ..., DATED o S AT OF NEW YORK) OUN Y OF SUFFOLK)} On the ='\' q day Ofd: ~' 19ytJ, before me personally cam~, 1-:s-6h..., '1'1,~ '/ to m~ known to b~ th~ inaivid I ~Jb~ ed in and who execut~ct ~~~~or~going instrument, and aiCknO~Wl~dged ;/that~he execut~d NINA l. MeeHl ,; Notll" P"blie. Sune of New"'" ..I~ r / l ~.<< ,. au""I1::'t::~~:'OIunlf N TARY 'PUBLIC ' - eomml""M-7)31 --- DBM CO. 1'.0 ~ox I~O ""3 M^IN Sl. GREENPORT, NY 119.4 ExrlANMION AMoUN' Y OUNT Pf~f~~~~'''~ ~ ~'f-!.'. 1125 50-"."1114 '::";-~r4 n::;2',,^ "-'-t:,. j -" L..! .LJ {j- OF'~COlrrloN _.__.~_._~----._._~---~ TilE SUNI .//3Cf 20 .;:;ra,~sOO CTS DOLLAIlS; CHECK j NOMB~A II1..S' CflECK AMOUNT .J $ 1<I.31,;,o.no , -- ------------~-_..._~~~---- ---_.__.._---~---,~------ I{f' ,.le- ~/ . I..' L(,L. fJ?~,;p- iL--'~4~---. u'? l.J...n,n.tl' ., r::.-____ 7- HORSTAA RANK ~O\"HOln. NY llll" 11"00.1012 r; II" .I~ 0 m.I, n 1,1, r. r;J~ . . . . . . AGREEMENT made this ~day of January, 1990, between the Village of Greenport, a municipal corporation Suffolk County having its office and principal place of business at 236 Third Street, Greenport, New York, (hereinafter called the "VILLAGE"), and OBM Co with principal offices located at 443 Main St. Greenport, NY 11944 (hereinafter referred to as "OBM Co"). WHEREAS OBM Co is the owner in fee of certain premises which premises are shown generally on a map and prelimina'Y plan annexed hereto, made a part hereof and marked Exhibit "A", and entitled "HIGHPOINT II AT SOUTHOLO", and WHEREAS, OBM Co is desirous of securing a public supply of water for the project to be developed at the property shown on a map and preliminary site plan, and WHEREAS OBM Co will lay and install or cause to be laid and installed the lateral water mains, hydrants, fittings and valves described on the map and preliminary plan and to transfer and convey same to the VILLAGE upon completion and, if necessary, to give and procure easements for the maintenance of the Toains and the hydrants, and WHEREAS, the VILLAGE is willing to supply OBM c~ with its requested water allowances and the parties have agreed upon the terms and conditions for the supply of water for fifty-six (56) single family dwelling units and other matters, and WHEREAS OBM Co is about to commence a development known as "HIGHPOINT II AT SOUTHOLO", at Southold and wishes to construct the aforement~;;ti f2 l~teral wate:.~ains " ,",; :'J l' ~ n rrJ f? f''''''' , ' !" ':_-',;~!",-,~,;';..>"._~._- \:!,,_l;~,,! '::' and install lL.. - 2 Ie . . hydrants on the certain rights of way on a certain map entitled "HIGHPOINT II AT SOUTHOLD" which is attached hereto, made a part hereof, and marked Exhibit "A", and to connect with the Village Water System in conformity with this contract and these specifications for Furnishing and Installing Water Mains and Appurtenances, Project No. SPLC 83-01 dated September, 1984, marked Exhibit "B", and as may be amended from time to time during the course of construction of the project commonly known as "HIGHPOINT II AT SOUTHOLD". NOW, THEREFORE, in consideration of the premises and covenants herein, it is mutually agreed as followsl FIRSTI DBM Co will install at its own cost and expense, water mains for possible supply and actual distribution, throughout the subdivision as more fully shown on the Exhibit "A" attached hereto. Said installation shall be in conformity with the agreement herein and the rules and regulations of the VILLAGE. SECOND I Locations of all piping, and appurtenances shall be as shown on a copy of the map entitled "HIGHPOINT II AT SOUTHOLD". THIRD I All necessary work, lateral mains, trenching, laying, joining, backfilling shall be done by DBM Co and shall sometimes hereinafter be called the WORK. All valves used within the Subdivision will by "Mueller Valves' and the sizes thereof shall be approved in advance by the Superintendent of Water. FOURTH I The VI~G~Wil~ su~p:y the hydrants for ! ~ t' :' . '. '; . . installation at the locations.shown on said map. DBM Co will reimburse the VILLAGE for all hydrants located within the subdivision. FIFTH: Payment shall be made upon delivery for hydrants and the costs of the delivery of the hydrants to the site by the VILLAGE. The VILLAGE shall deliver the hydrants to site at a time appropriate to the expeditious completion of the work provided the VILLAGE is given no less than twenty-one (21) days notice, and subject to the availability of the hydrants from the suppliers to the VILLAGE. SIXTH: Until such time as rental for such hydrants is assured and paid for by the Southold Fire District DBM Co will pay annually to the VILLAGE such rental for such hydrants as is from time to time being paid by such District to the VILLAGE for other hydrants in the District. SEVENTH : All specifications for the installation or the piping and the hydrants shall be in accordance with the following: (1) polyvinyl chloride pipe (AWWA Spec. C-900) Class 150 or equal with push-on joints/couplings and underground metallic warning tape, or (2) cement-lined ductile iron pipe (AWWA spec. C151-8l) class 150, or equal. Any pipe and all joints and parts of the system must be able to stand pressure of not less than one hundred twenty (120) pounds per square inch. EIGHTH: VILLAGE w~ 8hpp1'f .iih~~Cdharge to L.l- . . DBM Co sufficient water to ma~e essential tests and to leave the system on final approval completely sanitary, said supply to be not less than sixty (60) pounds per square inch. NINTH: The WORK shall be inspected by the VILLAGE which hereby delegates its Superintendent of Water or his designee full power of inspection hereunder. DBM Co will grant complete freedom of access to all parts of the premises and the WORK for inspection. Cost of inspections shall be included in the hereinafter "per dwelling unit fee." The VILLAGE will have an authorized inspector at the site at all proper times so as not to delay the work. Work not passed by the inspector will not be accepted by the VILLAGE. No backfilling shall be done until the pipe and the work in the trench has been approved by the inspector. TENTH: DBM Co will grant and convey to the VILLAGE an easement and right of way for the purpose of laying, relaying, repairing, operating and maintaining lateral water mains, both supply and actual distribution, and appurtenances, including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or private streets in the premises as shown on the attached map. The rights of way and easements shall also extend five feet on either side of the mains to be laid pursuant to this agreement, whether or not such distance shall be within the roadway. The rights of way and easements shall be over the lands herein described and marked Exhibit "CO. ELEVENTH: The ease~~_~k~c~1~ ~~R~~~ are not " !-,--,: . . exclusive, and other easements in said streets may be granted by DBM Co to other persons or corporations maintaining public services throughout the development, provided the actions do not violate Suffolk County, New York State or Federal requirements and that no other mains are set within two feet internally of the water main and no poles are set into the ground within two feet either side of a line on the surface directly above the mains. If a gas, sewer or other main or service necessarily crosses the water mains, DBM Co will advise the VILLAGE in writing of the exact location of the intersection forthwith upon installation and shall supply maps to the VILLAGE showing the exact locations. Said intersections shall not be permitted without prior written consent of the VILLAGE. TWELFTH: Upon completion, inspection and approval the VILLAGE will supply water to the development and the individual owners in accordance with the rules and regulations and at the rates and pursuant to the rules and regulations of the VILLAGE in force from time to time. THIRTEENTH: A one inch (1) service line shall be installed to each lot, with a curb stop near the property line. This installation is under the direction and supervision of the Greenport Water Department. FOURTEENTH: The VILLAGE requires a cash payment of two thousand five hundred and seventy dollars ($2,570.00) per dwelling unit to be recorded as a consumer hook-up deposit and placed in a key money reserve account to help gain new production supply, so as to assure DBM ~" of Euturii"aQ~quate supply. It is iL L,,--' . . contemplated by this contract that DBM Co anticipates the construction of 56 dwelling units. Upon execution of this agreement, DBM Co shall deposit with the VILLAGE ATTORNEY the sum of twenty-five hundred and seventy dollars ($2,570.00) times fifty-six (56) dwelling units for the total of ONE HUNDRED FORTY THREE THOUSAND AND NINE HUNDRED AND TWENTY ($143,920.00) DOLLARS in bank or certified check. This per dwelling unit amount may be amended from time to time, depending on findings by the VILLAGE'S consulting engineers, Ho1zmacher, McLendon and Murrell, P.C. or their successors and upon approval by the Village Board of Trustees. In the event that the per dwelling unit cost is increased between the execution of this agreement and the application for individual water hook-ups, DBM Co., shall pay the VILLAGE, upon application for individual water hook-ups, the difference between the per dwelling unit amount specified herein and the per dwelling unit amount required by the VILLAGE at the time of the application of individual water hook-ups times the number of dwelling units covered by said application. In the event that the per dwelling unit cost is decreased between the execution of this agreement and the application for individual water hook-ups, the VILLAGE shall pay DBM Co., upon application for individual water hook-ups, the difference between the per dwelling unit amount specified herein and the per dwelling unit amount required by the VILLAGE at the time of the application of individual water hook-ups times the number of dwelling units covered by said application. Said payment shall be in bank or certified check and Ship;;!) )fie ~aIldr! tTS the'VILLAGE prior to any i _ L_ . . hook-up for water. The VILLAGE shall hold all funds so deposited by DBM Co in an interest bearing account. In the event that all municipal approvals are not obtained within three (3) months of the date hereof, provided the DBM Co. has made diligent effort to obtain said approval, the contract shall be null and void and all monies deposited with the Village shall be returned to DBM Co. without interest. FIFTEENTH I DBM Co. will install and said installation shall be certified by a professional engineer that the premises have all water saving fixtures and appurtenances as set forth by the New York State Department of Conservation and GREENPORT and as they may be amended from time to time. DBM Co., will not interconnect with the public water supply for the purposes of lawn, garden maintenance or ground watering system. DBM Co., shall execute a declaration and covenant to that effect simultaneously with the execution of this contract. SIXTEENTH I The remainder of the WORK shall be completed within 24 months of signing of this contract. However, it is hereby mutually agreed and understood that all specifications in reference to materials used for the construction of said system, the WORK to be completed, and/or water to be supplied shall be changed to conform with the then current standards as set by the VILLAGE of Greenport Utility Department, its successor, or its authorized agent at each such interval. SEVENTEENTH I DBM Co agrees that upon completion and approval by the VILLAGE of main.!,_!~_,.~ppurtenances, DBM Co shall r."., \ \ . . dedicate the same to the VI~GE. Upon completion of the remainder of the WORK in accordance with any contract made pursuant hereto, title to the mains, hydrants, valves, and fittings so installed and laid shall be deemed dedicated to the VILLAGE, and DBM Co shall in confirmation of such passage of title, execute an instrument transferring and assigning to the VILLAGE the title, free and clear of all encumbrances or liens to the mains, hydrants, valves and fittings so laid and installed and if required by the VILLAGE shall procure from all persons having an interest in the land in which said mains lie a proper easement in favor of the VILLAGE for the perpetual maintenance, repair or replacement of said mains and fittings including the right to extend the mains and to connect them with other mains to be laid by or under the supervision of the VILLAGE. The instruments so executed shall be in recordable form. EIGHTEENTH: The VILLAGE agrees that when the installation, laying of the mains, valves, hydrants and fittings has been completed, pursuant to the terms of this agreement, and proper easements have been given, all as hereinbefore provided, the VILLAGE will accept the assignment and conveyance of the mains, valves, hydrants and fittings and maintain them thereafter and supply water to consumers along the mains subject to conditions, rules and regulations of the VILLAGE. NINETEENTH: Should DBM Co desire to lay the mains in sections, separate construction contracts may be let for such sections providing the extent of such separate sections shall be in the opinion of the}lILLAGB sufficient to warrant a f~---- --' .[:\';" rd3- L-' -.----".--- 'c-'.' _c__~.'"_._'.' L \9:J0 . . separate consideration. TWENTIETH: This agreement contains the complete agreement between the parties for the acquisition by the VILLAGE of the mains, valves, fittings, and hydrants hereinbefore described and DBM Co., agrees that it will not make any claims against the VILLAGE on account this contract, agreement and/or payment of monies required in paragraph fourteenth, the installation of the mains, valves, fittings or hydrants and acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which mayor may not be enacted. TWENTY-FIRST: This agreement shall inure to the benefit and shall bind the respective heirs, legal representatives, successors or assigns of the parties hereto. TWENTY-SECOND: This agreement shall not be assignable by DBM Co without the consent in writing of the VILLAGE, which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreementin four (4) counterparts, all of which shall constitute originals, the day and year first above written. ATTEST: CLERK: Mayor By: ~r"'" r"' (";'. ,-; .~. .~,.,.. " r? \ , ~--_.. . . STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: On the ~Cf day of January, 1990, before me personally came GEORGE W. HUBBAko, to me known, who, being duly sworn, did depose and say that he resides at No. 178 Central Avenue, Greenport, New York 11944; that he is the Mayor of the Incorporated Village of Greenport, the municipal corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by ord of the Board of Directors of said corporation, and that he s s name thereto by like order. STATE OF NEW YORK ) )s.s. : COUNTY OF SUFFOLK ) On the ~ OJ day of January, 199 , before me, the subscriber,~ERT MANDEL or DBM Co personally appeared to me known to be the individual described in and who executed the foregoing instrument as one of the partners and on behalf of the partnership known as DBM Co with prin pal offices located at 443 Main Street, Greenport, NY 11944 a at he duly acknowledged to me that he execute s nstrumnent. I' ','" ,'~~IF! J, ~1UN:'"r:l ,';; f'r 'r'II(~ ~ '-. . '-,< "":;r:'-~\".' cf l\lC"I\IYClf\' , ': '., !.dnlf., ~"linty NO '" ~ )lq:/9 . . su.€:A ~ pe, ..-/ HERBERT R. MANDEL RICHARD ISRAEL J~y 31, 1990 p.ea.nn-i..ng 80aJl.d 06 6..i.c.e Sou.tlwU Town Hall Ma.in Road SouthoU, N. Y. 11971 Re: VB M A6604dabte HOU6lng SCTMH 1000-55-6-15.1 Gentlemen; In aec.o4danc.e wU:h OWL te.t:teJL 06 Ja.nuaIl.Y 29th, .in eonnecUon wU:h above eapwned t.ubjec.t, we. CVl.e 60~g heJr.eWith the ana!yt..u 06 SouthoU pa.Illu. 1l.e6WLed to thetr.eht. In t.unrrI/Vl.Y, .th.u a.na.l.yt,.u c.onta.<.ru. the tax map and det.cM.p;t.Wn 06 eaeh 06 58 pa.Illu. .in Sou.thoU lLev..i.ewe.d toge.theIL wU:h c.omentaJu; and photogltaJJh/s 06 eaeh. Twelve 06 tltet.e pa.Illu. have bl!.l!.n a.cqul.ll.ed Su.660th. County 601L non-pa.ynte.nt 06 ta.x.u. Two t.u.c.h abandonl!.d pa.Illu. haVI!. atIl.ea.dy been acqul.ll.ed 61LOm .thl!. County by .the Town 06 Sou.thoU, and a6604dabte hou.6i.ng ha6 bl!.en elLeated on .thet.e l.a.tteIL CVl.l!.M. Mot.t 06 thl!. ta.ncI.6 t.l!.t M-idl!. 601L pa.II.k .u not lU>l!.d and eannot be U6ed at. t.ueh. The only exeepwn1> .that haVI!. any U61!. what60I!.VeIL all.e thot.e .that plLOv..i.de aeeet.t. to urx:teIL61LOnt .in t.ub-cUv.u..i.on1> hav.ing t.u.c.h 6a.ciUty. It.u I!.v..i.dl!.nt 6Mm a pelLU6at 06 .th.u t.tudy .that pCVl.k6 t.ueh at. the onl!. t.ugget.tl!.d 601L H,ighpo..i.nt II haVI!. .ut.t.tl!. OIL no vatul!. at. t.u.c.h. In addLti..on, we. all.e t:Ita.n1>m.i.:tting heJr.eWith a te.t:teJL c.opy 61LOm Young Ii Young da;ted JalUJ.ltlly 30th lLe.ta.ti.ve to the.bt et.Uma:t1!. 06 the Urne and eot.t .invotvl!.d to pll.epCVl.1!. the t.ugget.ted mocU6..i.c.at..i.On1>. In t,ight 06 thl!. new .in60.lUllCLtion t.ubmUted helLl!...i.n, at. we.U at. thl!. .u.m.ua..t<-on ..i.n the urx:teIL c.ont'll.a.c.t Il.equ..iJUng a 6Ul!.d map wU:h..i.n 90 dayt., we. wou..e.d applLeUatl!. yoWL etot.lng .th.u heaJUng on Fl!.bltLlJVLy 1 .in olLdeIL 601L the devetopml!.nt 06 th.u _q,~604dabte hOU6..i.ng t.U;e to go 60JOOVtd. U ~~\ Vv.y -. ~' ~~ft.8 - 5 \'S} , ----' i\\ 10'.1';i':' '; SQ\li\1\. R""i\RQ _.J f1L~N.N~t~;.l~~ HRM/t.p 443 Main Street · Greenport NY 11944 · (516) 477-2223 . YOUNG 'It> YOUNG 400 08TR1\NDER 1\ VENUE RIVERHE1\D. NEW YORK JllIO' . Sue>8~ ee, 1\WEN W. YOUNG Pl7Or...to~ &wji.nM~'" Land. 8u.NeyO't' 516-727.2303 FAX 516-727.0144 HOW1\RD W. YOUNG Land s-.,..,. January 30, 1990 Mr. Herbert Mandel P.O. Box 130 443 Main street Greenport, New York 11944 RE: HIGHPOINT II AT SOUTHOLD at Southold, T/O Southold, New York (88-1292) Dear Herb: The Town of Southold regular Planning Board meeting of January 18, 1990, was interesting to say the least. As the Planning Board discussed your project, Highpoint II at Southold, I began to wonder if the Planning Board "plans" or just reacts to comments without any thought. My comment, something like "I can draw anything", in response to the Chairman's 9uery, was made in jest. If it has caused any confusion or react10n on the part of the Plannin~ Board, then I apologize. I do enjoy the challenge of subdivis10n mapping and design and feel confident that we do produce well thought out developments. Planning Board's, in their effort to delay the process, often create inferior developments. Should Young and Young be requested to amend the Subdivision Highpoint II at Southold to provide Park and Recreation Area of approximately 2.5 acres, provide fifty-six (56) lots, and possibly eliminate the flag lot (Lot 6), then I perceive our Scope of Work to be: 1. prepare a new Sketch Plan using the above criteria and adhering to all comments and requirements as previously set forth; 2. prepare a new Preliminary Plat with appropriate drainage plans and road profiles; and 3. to prepare three (3) new Final Plats of the sections. We estimate that our fee to prepare the new plans would be $16,800, and estimate, with the Planning Boards review and delays, the Final Plats would be completed in approximately six months. . /,,"'- " , It n l :(.'1 Very truly yours, FFR - 5 1900 HWde/, tcf . h....~- (/ Howard W. (6ung HWY/sjt . JanuaAy 29, 1990 P.i.an.ni.ng BcMd 06 6ic.e Town 06 Sou:th.otd Town HaU P. O. Box 1179 Sou:th.otd, N. Y. 11971 Attn. : Bennett OI!1.otAl6/U, JIt., c/uUJurran Re: V B M A660ltdabte HOu.6..i.ng SCTM #1000-55-6-15.1 Gentl.emen; SueJf:, IE '- P6 1\1t-5 HERBERT R. MANDEL RICHARD ISRAEL Tn.u. ,U to adv..u.e you that we 6..i.naUy have a 6uUy exec.u.ted c.ontJtac-t w.Uh. the V..i..Ua.ge 06 GJteenpoJtt 60Jt the deUveJtlj 06 llkLteJt to the .6ubjec-t pJr.e.m.t.6U ..i.n ac.c.oltdanc.e w.Wt the ma.p dated 9127188 w.Uh. ltev'u..(.on.6 thJtough :to and ..i.nceu.cUng 1 0 I 19 I 89. In ac.c.oltdanc.e w.Uh. yoUJt adcLi..ti.onat Jtequut, we have CJr.wed a c.on.6eJtvat..i.on e.a.6eme.nt en the JteaJt poJtt..i.on 06 tou 50-55 l.6ec-t..i.on 3) and on 13-16 (.sec-t..i.on 2). We Me pte.a.6ed to have been abte to c.ompl.y with yoUJt Jteque.6t.6 a.6 above ..i.ncU.c.a.ted, howe.veJt, we have not c.ha.nged OUlt .6.tanc.e ~ve to a pa.itk andlolt Jte.mOvat 06 the one 6tag tot (tot #6) on the pItOpO.6ed ma.p. We have de.telun.i.ned by an anaiy.6,U 06 aU Southotd pa.Il./u that .6uc.h a u.6age wouU be de.tlUmen.tal. :to the a660Jtda.bte Mu.6..i.ng pMpO.s ed. A 6uU ltepoJtt 06 th)A a.na.l.y.6'u ..u. bUng 60JtllnlUied you undeJt .6e.paM.te. c.oveJt. The one 6tag tot, c.olllpJr..iA..i.ng 38,OO~ .6q. 6.t. (aiIIIO.6t a 6uU aCJr.e), ,U nec.u.6MIJ .in OMeJt to Ite.ta.i:n the c.on6igUJLa.ti.on 06 th)A ma.p w.i.th c.UII.v.iUneM .6.tJtew ..i.n lieu 06 the tu.s a.t:tM.c.Uve gJt.id layout. Thu.6 Southotd ,U but yoUJt .6.igna.tuJr.e. iJJ)J(Uj 6Jt01II ac.h.iev..i.ng, at tong ta.6t, the bene6..f.t.6 06 a pJti;va.tl!. .6ec-tolt a660Jtda.bte hOu.6..i.ng ma.p and we Wtge you :to g..i.ve th)A map yoUJt bw.6..i.ng.6 a.nd c.to.6e the eduied heM.ing on FebJtuMtj 13th. . HRMI.6p CC: W. MooJte, E.6q. Town BoMd, attn.; S. HMJt)A I! OW & ~.~ .30. I/U r o~"" I SOUlllOLO TOW'. ., P'lP,N.~INg..!!QARO 443 Main Street. Greenport. NY 11944. (516) 477-2223 . .. . . . ~~~ Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Scott Louis Harris, Supervisor Thomas Wickham, Chairman, Planning and Zoning FROM: Bennett Orlowski, Jr., Chairman /3Df"/Js. Affordable Housing RE: DATE: January 25, 1990 At the January 18, 1990 meeting of the Planning Board, the issue of how to encourage and keep affordable housing in Southold Town was discussed. The Board's position is that the Town's approach to the affordable housing problem as set forth by the Affordable Housing overlay district is inadequate. The Planning Board finds that the primary flaw in the Affordable Housing District is that the affordable lots created by this overlay district will not remain affordable permanently. Any affordable lot that is created under the Towns' AHD zoning district can be resold by the initial recipient. If the lot is resold within six years of its creation the Town receives a percentage of the initial recipient's profit. Presumably the Town would be able to use that money towards the purchase of another lot to be used for affordable housing. However, if the lot is resold by the initial recipient after six years, the Town receives nothing. As it is currently set up, the Affordable Housing district locks the Town into having to create new'affordable housing units, at the half or quarter acre density, on a continuing basis in order to replace the lots that are lost to the private housing market after seven years. The Planning Board feels that affordable housing lots that are created by Southold Town should remain affordable permanently. Accordingly, it is in the process of formulating ~ . alternative approaches. The Board would welcome an opportunity to discuss this matter in more detail. cc: Town Board ( - Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 23, 1990 Herbert R. Mandel DBM Co. 443 Main Street Greenport, New York 11944 RE: DBM Affordable Housing SCTM~ 1000-55-6-15.1 Dear Mr. Mandel: The following took place at the meeting of the Southold Town Planning Board on Thursday, January 18, 1990. The final public hearing, which was opened on November 20, 1989, was again kept open. The hearing will be kept open until the Planning Board receives the following: 1. A valid water contract. 2. Revised maps showing the following: a. A conservation easement on the rear portion of Lots 50 through 55 (Section Three) and 13 through 16 (Section Two) in order to remove the necessity for regrading and the placement of structures in close proximity to the adjoining wetland area. b. The area currently shown as Lot 41 through 44 (Section Three), which is adjacent to the drainage area, shall be set aside for park and playground purposes. Lots 41 through 44 need not be eliminated, but should be incorporated elsewhere in the overall layout. c. Lots 5, 6 and 7 (Section Two) shall be redrawn so as to create three standard lots. At present, Lot 6 is a flag lot surrounded by five backyards. ".... . . &.t6FI~ Pb I'1S Ks HERBERT R. MANDEL RICHARD ISRAEL JanuaAy 15, 1990 8enne.tt: OJtlo/AJ6U, ChtWuna.n Sou.tho.ed P.lannMtg BoaJui Southo.ed Town Hail. Ma..i.n Road Southo.ed, N. Y. 11971 1:>bM Ar~1t&..E' Hou$/ rV 1::\ Ve.aJt Ben; JU6t a bM:.et note to expltU~ my app.rr.ec.ia.ti.on 60Jr. the c.olJ.ll;teAy extended my ptVr.tneJr., 1Ucluvu:l ZM.aet and my~et6 at Town Hall on ThwL6day,JanuaAy 11th. Z am e.nc.to~ing heJ\Un a .rr.eeent ecU:tolri4l. wh.i.c.h -u, pVLUne.nt to the ".tIiJUII.i..ng vil.ea.ge" pl(tJpo~al. 06 the 60Jr.meJt Southold a660Jr.da.ble hoU6ing c.orrrnU:tee. Co k HRM/lIp Ene.!. ee: Sc.o.tt HIVl.IU.\, SupeJr.v-u,OJr. Ellen LaJt.sen, CouncUwoman @, ~ ~ ~ ~ ~ ~ tW\', \~ ..." 9 .. . --..-" sCiyn.;'\t '". ~:F~"-' 443 Main Street. Greenport, NY 11944. (516) 477-2223 , .... . . January 15, 1990, Ll BUSINESS NEWS 13 VIEWPOINTS Incentives For Developers Numerous task forces, special commissions and blue- ribbon panels were appointed by municipalities on Ll in the '80s, and many came to the same conclusion: To keep young, productive citizens on Lt, government must provide incentives to developers such as faster application approv- als and pennission for higher density. In return, builders would be expected to price owner- occupied units at amounts that would not exceed SIOO,OOO or SI20,OOO. Although several towns have built a handful of afford- able houses for frrst-time home huyers through their com- munity development programs, no town has an adequate fast-tracking program or standardized process for develop- ers to commit to building affordable units in exchange for relaxation of density requirements. Until the towns develop these programs, affordable housing will remain nothing more than a catchphrase that politicians trol oulat election time. There are other areas in which worthwhile strategies have heen developed but then left on the shelf - perhaps because of pressure from special interests or a vocal group afflicted with the NIMBY disease. What Ll needs in the '90s is government leaders who take the ball and run with it into the end zone without worrying excessively about being clipped along the way. RECORD Editorial " _ __ _ NO TOWN HAS AN AVEQUA TE FAST - TRACK 1 NG PROGRAM OR ST ANVARVI ZEV PROCESS FOR VEVELOPERS TO COMMIT TO BUILVING AFFORVABLE UNITS IN EXCHANGE FOR RELAXATION OF VENSITY REQUIREMENTS, " r\n)f -~ Jtr[t" \~\ "'" \ 9 <.lJl I } . ~eAlE I. Pb C~' 'IS -1' HERBERT R. MANDEL RICHARD ISRAEL J~y 19, 1990. P.ea.nM.ng 80aJui 066,(,c.e Town 06 Scuthold Town Hall, P. O. Box 1179 Sou.thold, N. Y. 11971 Attn. : Bennett OJtioW6/U, JIL. CIuUJuna.n Re:D ~.II Ai'O/f""ht~ HouUng sem 1I10-0D-55-6~15.1 Gentlemen: We have had no addUWna.e. ev.(,denc.e and/ OIL lLeMon to va/Uj 6Mm OUIL decMion not: to inc.clLpolULte a. "Pall.k." t.Ui.t:JUn :the. ~ubjec.t: pILOpo~ed ~ub-div1.6~n. HoweveIL we have ga.:the.lLed addUWna.e. in60llnllLt.i.on wh.i:c.h we hope to PILUent: 601L YOUIL 6WLtheIL c.c~l.deJla;Uon on .the oc..c.JUUon 06 YOUIL next: pubUc. hetllling ~c.heduted 60IL FeblLua/Uj 1 3.th. The c.IuUJuna.n, MIL. OJti0W6/U., ~ 6Jr.e.quently l>tLLted :that .the pUlLpol>e 601L l>ue,h heaJri:ngl> 1.6 to enabte :the. pubt,i,c. to vO,(,c.e .the>>r. a.pplLOval OIL d.Ua.pplLOval 06 ma.tte.I!.<I be601Le .the p.lamung boaJui. We would be paJr;ti.c.uiaIr glLa.t:e6ul titeILe60lLe ,(,6 .the c.ha..iIL- man would mite c.cgnizanc.e 06 ,the tlLemendoUl> a.pplLOval 06 .OUIL ~t:a.nc.e by .the l>U~.t.an:Ua.t ga..theJ!i.ng at .the Ja.nua.I!.y 18.th mee.ti.ng at wki:c.h, a.t..though many ~poke in 6a.vOIL 06 OUIL pOl>.u.wn, none ~poke a.g~t: u. /fRM/ l>p C.C.1 Sc.cft Ha.Mi.6, SupeILV,(,/)OIL W~ MODlLe, E4q. m~:;:mlm! -.I' D TOWN lNG BOARD 443 Main street · Greenport, NY 11944 · (516) 477-2223 ill , I ~ '? rt; ~ ~JL5.L, u r-~'- ~AN \ \ \900 -~.~,\ SOUT\1oL51c:r:, , G"Oo<9!l PlM-lt-l\N ,,~-"~_.. -- \~ S/Ae:.F,lE' vB"" AFF, ~ 1'6 - 0(\ /t .~ o. Jan. 11, 1990 --. Dear Town Boards and new Supervisor Harris, It is sad to see that DBM Co. is willing to abandon the plans for their AHD Housing project As consolation we offer you this-- "We have all learned what this NEW type of subdivision should include and that public impute is a most important part of the process. We truly hope that DBM Co. will have a change of heart and proceed to agree to the Planning Board's request as ~r letter dated 12-21-89 as stated. They could be just 3 steps away fro breaking ground. Our record shows: July 25, 1988- ~ lot "CLUSTER") Map Planning Board Hearing {PMLle April 25, 1989- Change of zone to AHD District. May 1, 1989- Planning Board PUBLIC Hearing for AHD Map. Nov. 20, 1989- Final Hearing for AHD maps and PUBLIC comment. Jan. 5, 1990- Moore & Moore letter. WE APPLAUD all the PUBLIC and to this point. those involved for listening to for your DILIGENCE for achieving Again, "We have all Learned." Sincerely, . ..' " Rl~ +- ~" u)k€tl~ 1~\5 1u:nllL.l.- (l.O SOIATIblD I N.y Ilg,1 .) ;,~J~ l]~ Cf,~;O :.'.;i'.<!~:> tj '; ':;~'H'I {~1.~~rr\. cou'rv OF SUFFOLK ~ , Su8l==1~ ()e:, 'V'1'S PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT DF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 5, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Map of Highpoint II at Southold, Section One Easterly side of Boisseau Avenue 775.68 feet southerly from Yennecott Drive, Southold, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on January 3, 1990, reviewed the proposed subdivision plat, entitled, "Map of Highpoint II at Southold, Section One" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map. Very truly yours, Arthur H. Kunz Director of Planning obrk 9: kiI by Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-89-16.1 CGL:mb Encl.: Map cc: Edward Romaine, County Clerk fDJ, ~ @ ~ 0 Wi ~ lij)l ~Jj JAN - 9 199) SOUTHOlDk,'i PLANNING BOiRD VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 1 1788 (!5 t 8> 3SQ-!51 92 coulv OF SUFFOLK . Sl.( f,p, u?- f6 M"S (;) PATRICK G. HAL.PIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 5, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: 1:> B ~-I Map of Highpoint II at Southold, Section Two Easterly side of Boisseau Avenue 775.68 feet from Yennecott Drive, Southold, New York. "--"'\: 'j , I - / .- southerly Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on January 3, 1990, reviewed the proposed subdivision plat, entitled, "Map of Highpoint II at Southold, Section Two" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map. Very truly yours, Arthur H. Kunz Director of Planning ~~l~6" I.~ I by ~,.<y..r 7- UIUl Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-89-16.2 CGL:mb Encl. : Map cc: Edward Romaine, County Clerk 1fD),r, 8 Qj fE a Wi 15", f~. . " ' 'J/.lM - 9 1990 t.-._..,~ VETERANS MEMORIAL HIGHWAY HAUPPAUGE, LI., NEW YORK 1 1788 (~1 81 380-!5192 '"~, C.,_ , ,.., , f'LANt;IN'L COl.i.ty OF SUFFOLK . 'SL;e,{:, LE MS ~ (i) PATRICK G. HALPIN SUFFOL.K COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 5, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: \'J (' t--1 C; '>-- (, Map of Highpoint II at Southold, Section Three Easterly side of Boisseau Avenue 775.68 feet southerly from Yennecott Drive, Southold, New York. .' Pic I :, ! Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on January 3, 1990, reviewed the proposed subdivision plat, entitled, "Map of Highpoint II at Southold, Section Three" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map. Very truly yours, Arthur H. Kunz Director of Planning .....~"(.{. 6' I. . I by ~ ;' t.#t4 Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-89-16.3 CGL:mb Encl. : Map cc: Edward Romaine, County Clerk '/oJE& & (ff J 'Iff [g UllJ .MN - 9 .. I ~~O'm"UH~ TrII""'--; VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 1 1788 (516) 360-!51 92 . . VB VS(w MOORE & MOORE Attorneys at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Patricia C. Moore Margaret Rutkowski Secretary January 9, 1990 Southold Town Board Town Ha 11 Main Road Southold, NY 11971 BY HAND rs-. ,,/i (.., -" -' ) /'( , RE: AFFORDABLE HOUSING SUBDIVISION / DBM CO. Dear Supervisor Harris and Members of the Board: Enclosed pl ease fi nd a copy of correspondence from our offi ce to the Town's planning board Objecting to the manner in which the above referenced affordable housing project is being reviewed by the board. Your assistance in this matter would be appreciated greatly. ~:r1 trul: y~~ ~~~ore . WDM/mr Encl. cc: Herbert R. Mandel m &@&D W ~ Ir;-i! 1";1 ;!111 'II! JAN -q Inm:ini ,:];:;U .'.-11 I SOUTHOlC;~---J ; PLANNING BOAilD . . MOORE & MOORE Attorneys. at Law Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Patricia C. Moore Margaret Rutkowski Secretary January 5, 1990 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: Affordable Housing/DBM Co. Dear Chairman Orlowski and Members of the Board: This letter is written in response to the action taken by your Board at its meeting on December 18, 1989 regarding the DBM Co. Affordable Housing subdivision. For your convenience, we have attached a copy of your December 21, 1989 letter which summarizes the action taken at that meeting. We take exception with the request that three lots from this subdivision be eliminated and replaced with parkland and with your requirement that we redraw the final plat to eliminate a flag lot in the subdivision. Our objections arise with respect to the leoal itv of the requested changes as well as the Dractical itv of the requested changes. As the Board is aware, New York State Town Law Section 276 establishes a two-step review process for the subdivisions land. In Southold, as in many towns, a third "sketch plan approval" step has been added for the stated purpose of simplifying the review process. In the Southold Town Code, sketch plan is defined as "...the preliminary layout...to enable the subdivider to save time and eXDense in reachino oeneral aoreement wi th the Board as to the form of the 1 avout and Dursuant to the obiectives of these reoulations." Southold Town Code Section AI06-13 (emphasis added) The Board granted sketch plan approval for this subdivision on July 11, 1988. No changes were requested to the layout and design proposed by DBM Co. and the applicant proceeded with the preparation and submission of preliminary plats. Upon submission of the prelimiRary plat the Southold Town Code expressly sets forth the duties of the planning board: . . MOORE & MOORE January 5, 1990 Affordable Housing/OHM Co. The Planning Board shall study the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be qiven' to the arrangement, location and width of streets, their relation to the topography of the land, channels, water supply, sewage disposal, dra i nage, lot si zes and arranqement. the future develooment of ad ioi ni nq 1 ands and the requi rements of the Master Pl an, the Official Map and Zoning Ordinance, if such exist. Southold Town Code Section AI06-23(1) (emphasis added) On May 1, 1989 a public hearing was held for comment upon the preliminary maps and on May 15, 1989 the Planning Board adopted a resolution approving the preliminary maps with one minor modification. The sole modification was authorization to reduce the road width to 24 feet. No request was made to change the 1 ayout to el iminate the flag lots nor was any request made for parkland within the subdivision. Act i n9 in rel i ance upon the prel imi nary plat approval granted by the Planning Board, DBM proceeded with the time and expense of preparing the final subdivision plat for submission. The final plat public hearing was held on November 20, 1989. At that time the Board decided to keep the public hearing open until the Board received a water contract and comments from the Suffolk County Planning Commission. In addition, the Board adopted a resolution to refer the subdivision to the Town Board "for a determination on the amount of money to be deposited with the Town in lieu of land for Dark and Dlavqround DurDoses." Over the applicants protests, the Planning Board advised the applicant at its meeting on December 18, 1989 that the public hearing on the final plat would remain open until the Planning Board received, among other things, revised maDS eliminating 3 lots which would be required for park and playground purposes and the redrawing of 3 other lots to eliminate a flag lot. Several court rulings have established that "...a planning board may not modify a preliminary plat and then disapprove of the layout of a final plat that conforms to the modi fications prescribed by the board." Sun Beach Real Estate Dev. CorD. v. Anderson, 98 AD2d 367, 469 NYS2d 964, 969 (citing Matter of Walton v. Town of Brookhaven, 41 Misc.2d 798, 246 NYS2d 915; Matter of Villa-Laker COrD. v. Planninq Bd. of Eastchester, 138 NYS2d 362; Great Western Sav. & Loan Assoc. v. Citv of Los Anqeles, 31 Cal.App.3d 403, 107 Cal.Rptr. 359; Lakeshore DeveloDment CorD. v. Planninq Comm. of Vil. of Oconomowoc Lake, 12 Wis.2d 560, 107 N.W.2d 590; see, also, 4 Anderson, American Law of Zoning [2d ed.], s. 23.13; 4 Rathkopf, The Law of Zoning and Planning [4th ed.], ch, 71, s. 5). As Judge Leon Lazer points out in the Sun Beach case, "[p]reliminary plat procedures and default provisions would lack significance if they were subject to nullification as the result of mere change of heart by the planning body." . . MOORE & MOORE January 5, 1990 Affordable Housing/DBM Co. Sun Beach, SUDra at 969. These changes were requested at the eleventh hour after the subdivision layout has been reviewed by the Planning Board from July, 1988 through the change of zone proceeding, review under SEQRA including participation as an "i nvol ved agency" revi ewi ng a draft and fi nal envi ronmental impact statement, sketch plan approval, and preliminary plat approval. The requested amendments to the map at this stage of review are arbitrary, capricious and contrary to established legal principles. In addition to the legal arguments set forth there are very practical considerations which make unwarranted the changes requested by the board. In a letter dated December 28, 1989 from one of the partners in DBM Co., Herbert R. Mandel identified serious problems that have developed in other municipalities where planning boards have required parkland within subdivisions. These problems include the question of proper maintenance of these parks whether or not the town elects to accept them as publ ic parks. There are several subdivisions throughout Southold which the Board can inspect to see that these "parks" become nothing more than dumping grounds for grass cl ippings,yard waste and rubbish. If the expense of maintaining these parks is to be imposed upon the lot owners of the subdivision, the maintenance charges will be imposed upon people least able to pay such charges (those people seeking the affordable housing in the first place). For the reasons stated, DBM Co. is not willing to make the amendments to the map requested by the planning board. We are prepared to proceed with the layout which has been the subject of this thorough review process and which has already received preliminary plat approval. It would truly be a shame for this affordable housing subdivision which is so close to fruition to become mired in unnecessary litigation and delay which could well lead to the abandonment of the project by the applicant. If you have any questions or comments regarding this, we are prepared to discuss the matter at your convenience. v~:~s~ William D. Moore WDM/mr Encls. cc: Southold Town Board Southold Town Attorney Herbert R. Mandel Town Hall, 53095 Main Road P.O. Box 1179 Soulhold. New York 11971 TELEPHONE (516) 765-1938 . D rn @ ~ O~rnJfiI lJEe 2 71989 ' !:-< I:. . L/ PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 21, 1989 William Moore P.O. Box 23 Suite 3 - Clause Commons Mattituck, NY 11952 RE: DBM Affordable Housing SCTM #1000-55-6-15.1 Dear Mr. Moore: The following action was taken by the Southold Town Planning Board on Monday, December 18, 1989. The final public hearing, which was held on November 20, 1989, was again held open. The hearing will be kept open until the Planning Board receives the following: 1. A valid water contract. 2. The Suffolk County Planning Commission report. 3. Maps revised to show the following: A. A conservation easement will be placed on the rear portion of Lots 50 through 55 (Section Three) and 13 through 16 (Section Two) in order to remove the necessity for regrading and the placement of structures in close proximity to the adjoining wetland area. B. Lots 41 through 44 (Section Three) which are adjacent to the drainage area, shall be set aside for park and playground purposes. C. Lots 5,6 and 7 (Section Two) shall be redrawn so as to create three standard lots. At present, Lot 6 is a flag lot surrounded by five backyards. If you have any questions, please do not hesitate to contact this office. .., ", Very truly yours.; , ,,' .' ,J~'.'" DeIljlct t or{o\\.::;ki~. Jr.... Chairman 121'291'89 11'25 FAX 516 477 2728~ HANDEL REALESTAT . raJ002 DBlVl C{f)O HERBERT R MANDEL RICHARD ISRAEL Vec(~lIJbeJl 29, 19&9 Br.llttr,tt OJttotU~I"t, CIUI.-i.:lJ>k:t1l Sou.thotd To~~n Pf.c.Il>UH'l BOMd T OWII Ha.U . .IIa~YI Road Sou;tJwtd, N. Y. 11971 Re: "Pocket Pa.!lk6" VeM 1M. O/[lo~Jbkl..; It wOIl.f.d u.em apJ~ft(lpJtl...u:r tJiil.t J..6 the p.ta.,tlUltg boaJtd ILec.ommended "Poc1~r..t PaJtlu.", :tlte!! 1')OCLCd utJ;tb.eA~h lJ.tanda1td.6 00lt .the.i..Jr. eOY11>-tJwc..tum, equ.ipment, llIlU;Lt.~IUtltee, lUe and p,t.e. , NaMau C.OU.I1.ty, no:1. example, ijonnd a6.t.CJL .the compee;Uon 06 manlf lJ'uch paJtlu. .tha-t .the1lt I:<Xth no 6r~u.i.b.te. wa.1f 00 maA.,t.ta.&ti.,tg, po.uultg a.nd/oft c.oltVwllJ.lt!J the);'/. It6e, cmd I buteve diAc.on.ti.nu.ed .t:hCJLe .or.p./'.emel'tt.a.ti:olt. Sou.fJwld luu, vacJ.:.tfa.ted .tftMu.gh ou.:t .the yq.JlJU> i.n .teJtm6 "6 .i..X:4 p.)c/,-e:t paJtk ftequ.Dt.emelt:l: ctltd luu, neve-'/. uto.bfuhed .6to.Hdattdb nOlI. .tfte.m M Wu:fio:wJ.l'.lf '~(~'I.ui.'l.ed .them. (\Ie beR..iel1'" .bu.d! I."vtfl.~ .t:o br. .tito/Wnn1ci.1j i.mpJulr-Ucal'. a.nd .indeed 'uU1.dv.i.6abl'.e and wouR.d be g.fitd to cLu..c.u.6.6 .tlu.~ mo..ttCJt 6Wt:lJic.tt wWt you. aj; YOW! e0I1VCI1.l..WCC. Af..bo, copic,~ a" .tlte .two !r.P.I~e"t SOU.tJUlmp.tOlt map6 a'l.e en.- cf.CHd .to al'.U6.t1l11te .the LLU 06 Mil>) f.o..t.~. both wlle.t IteCe.6AaJty a.ndlolL wlte1./! C'.l1lt6.t dc.tted du.i-'l.abA'.c. VC)IJ pw.t.rj !!OtlJL.~.. /:;' ,? 1/' /'l~-e . HcJLbeJd R. Malt<. ~ HRJ.l/J,p cltd'.. cc: Sou.tlIOZd lown BotVI.d M'~ - ~ - 443 Main Street. Greenporl. NY 11944 · (516) 477-2223 _. __-.I ..~ ..t.. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 . , PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 8, 1989 Herbert R. Mandel DBM Co. 443 Main Street Greenport, New York 11944 RE: DBM Affordable Housing SCTM# 1000-55-6-15.1 Dear Mr. Mandel: The Planning Board reviewed your letter of December 29, 1989 at their last work session. The Board has not varied from their decision of December 18, 1989, which requested revisions to the map. Please contact this office if you have any further questions. Very truly yours, ~ Q(bU~'lf..' Bennett Orlowski, Jr. Chairman ."oVS cc: Scott Harris, Supervisor Southold Town Board ros > '" . . 7>& f'1s fil€ 1:>ay t\FM'~ J.4.D\(Su~ S-'S -(, -/.s.~J HERBERT R. MANDEL RICHARD ISRAEL VeaJL MIL. OlLtoWll/U; 1:t would .6 eem a.ppItCplWtte .tha.:t i6 :the p.ta.nn.{.ng boa.ltd .Il.e.COllrllended "Pocket PaJLlu.", they would uta.bUl.h .6t'.a.ndaJuU 601l :the.br. c.on.6.t1w.c.t.<.on, equipment, mtUn.te.na.nc.e, Ube and etc.. Na..64iW. c.ou.n:t{/, 6011. e:xample, 60und a.6te!l. :the c.omp.e.e.ti.cn 04 ma.ny .6uclt pa;r.U .tha.:t .the.Irt.1lk14 no 6ea..6lble uny 06 ma..i.n:tai.n.., poUc...i.ng and/Oll. c.ont:ltoUi:ng :the.br. Ube, and 1 beUeve dUlc.on:Unu.ed :thelte implementa.ti:on. Southold ha..6 va.c.Ueated .tfvr.ough out :the YUJl.6 in teJun6 06 U.6 pocket paIl.k. tr.e.qu..i.ltement and ha..6 neve!l. uta.bUl.hed .6ta.ndaJuU 601L them OIL un.i6oJrmty Il.equllted :them. (lJe be.Ueve 4uclt paItk..s to be :tholtOughly ..unpltl1Ct.i.c.ai. and ..i.ndeed ..Lna.dvl4a.ble and would be glad to dUlC!.u.b.6 :thl4 matteJc. 6wr.theIL wUh you a.t YOult c.onven..i.enc.e. AlA 0 , c.op..i.u 06 :the two Il.ec.ent Sou.thamp:to n mctp6 a.Il.e en- c.la4ed to ..i..Uu.l,t!ta.te :the !L<le 06 6la.g leu, bo:th when nec.e.6.6a.ll.y and/ Oil. when c.o n.6i:de!l.ed du..Llta.ble. Ill\[ COO Vec.embeIL 29, 1989 Benneft OItloWll/U, ciuWrma.n Southold Town P la.nn..Lng Boa.ltd Town HaU. Ma..i.n Road Sowwld, N. Y. 11971 Re: "Pocket PaJLlu." HRM/.6p Enc.l. c.c.: Southold Town Boa.!td VelLY ~ HelLbell.t R. -- rn u w rn \~ 443 Main Street. Greenport. NY 11944 · (516) 477-2223 'tJ l'CI o a: . .+, . 10.5:l: acres Agrlculturel Reserve Are. FOR-SALE CALL FOR DETAILS 'tJ Gi ;: ... g: A New C Subdivision in Water Mill ... ALL LOTS OCEAN VIEWS Prices start at $150,000 Easy terms, 25% down Deer Run Farm McLsuchlen Reel Es/e'e 789 Hili Street Southempton, NY 11968 Phone: 283- 0448 November/December 1989, THE LANDPAPER 7 . ~ m m rn 0 'Ill rn f(;' rn JAI~ - 2 199J soun PLI\,W: ' "'''' ~o ~c "~:t -, COI.O,.... Ail AUA,..~..eMT .. . ..- -------..---- . " REAL ESTATE SALES AND RENTALS 46 JOBS LANE, SOUTHAMPTON, NEW YORK 11968 . 516-283-2299 Introducing Whiskey Hill Estates Bridgehampton There are but a few stretches of land on the East End that can be considered special. Whiskey Hill offers the best of everything. The setting is serene, the at- mosphere is picturesque, and life at Whiskey Hill is as it should be. At Whiskey Hill you're within close reach of horse farming, boating and beautiful sandy beaches and the comfort of country living. You've waited a long time for such a place. Whiskey Hill is here now just for you. A truly unique parcel offering high rolling, beautifull y wooded mini estate sized properties 2-5 acres, with wildlife preserve and sweeping views over farms to e ocean. Very private and very special, rices starting at $185,000, with terms. $ :z I ~ ~ . .-.... . WHISKEY HILL ESTATE! BRIDGEHAMPTON Town 0' South...pton ..J ne and Paul Kraeh1ing . 'PB M5 Ie> 630 Yennecott Dr. Southo1d. NY 11971 6"3".(. - U-, / O~-ao I~n ) D....,.,.... -&~ ) vJ<L- ~ ~~ ~ ~ y- ---'--~ ~ D.e,(\"-. ~~ t;. ~~ (A~~ ~ 4'~ -{j-- - '. ~~. Co~ ~ ~ ~~~ W'-lfl ~~ t.... ~c\ MK ~ ~ J-o.: ..~ ~ ~- fr- ~ ~ ~~~~ C:l.1r{J d..~ )..~) ~ ;; . ~~~~ aU ~ ~ ~L-~ ~ D.-A. ~J ~ w'- ~--Z u . - ;.e- a~~-O .d- 'i~ ~ . ..... ""- if- A-L~ ::~,d.W!t iJtL1,r~ e>ll ~~ ~ M _~ ~co.......& ~ ~---\' - . - ~~~ ~ M-. ~ O-'~ -~ ~~) Jd.. ~ ~~~~' v:o__ ~~ 0 ~ ~ C'-w-- ~~. ~r) R~~~\ ~'t-~ ~ m .M~~:~ 00, SOUTHOl~~ PlANNING BO~__,". . ,);.;;:::::.~;,::u"';.,. :/ ""fl",.I., .", )~~)~\:, ,:':L'l.l~~~';t~ ',- ,-~ \- ..~. -.'S -'. ~ dL"'" . w" '1'i3 .." ~, ',:.I"> 1 ~ , ~ '>5~(' ~-, '.' ".' "', ""," , .._".~ '...:~ ~~'~l"s ;'.'Cir :::::~:.."~~' . Town HaIL 53095 Main Road P.O. Box 1179 Soulhold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 21, 1989 William Moore P.O. Box 23 Suite 3 - Clause Commons Mattituck, NY 11952 RE: DBM Affordable Housing SCTM #1000-55-6-15.1 Dear Mr. Moore: The following action was taken by the Southold Town Planning Board on Monday, December 18, 1989. The final public hearing, which was held on November 20, 1989, was again held open. The hearing will be kept open until the Planning Board receives the fOllowing: 1. A valid water contract. 2. The Suffolk County Planning Commission report. 3. Maps revised to show the fOllowing: A. A conservation easement will be placed on the rear portion of Lots 50 through 55 (Section Three) and 13 through 16 (Section Two) in order to remove the necessity for regrading and the placement of structures in close proximity to the adjoining wetland area. B. Lots 41 through 44 (Section Three) which are adjacent to the drainage area, shall be set aside for park and playground purposes. C. Lots 5,6 and 7 (Section Two) shall be redrawn so as to create three standard lots. At present, Lot 6 is a flag lot surrounded by five backyards. If you have any questions, please do not hesitate to contact this office. '. Very truly yourai I3el1ilctt Or io\\..::; ki , Jr'. Chairman . . :J~.J.~:;'~~7.',:';-~~>:" ~". .."'.,-r....'1'~". .I.~. .:.~ . ....\J -. ..rl . I',,', ~)... .......'k't ),~ .s.,~~; "- .t. ....__ "'.' .~~ -~;:S r'..,l: "'~"i ......1 \'1= ":' - "t~~.:""''1 ".- . .' ","'j -0/ \'. <,;;"".'~I '.' ".".".1, R \~4 c.n,,~-;t\: ~ \:':/t~t~..- .:~ ~. ;'0 ~,,,.'S, ;.;:,;;,. ' .. \'1. V;. <.;. '.. .' "-~.. <,.'1. "'::~~ '~~)?{ .' '1 I\~. ....:-,:.::-~_,::;c.:~;Y . Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Francis J. Murphy, Supervisor Members of the Town Board FROM: Bennett Orlowski, Jr., Chairman Planning Board DATE: December 7, 1989 Park and Playground for DBM Affordable Housing Proposal SCTM * 1000-055-6-15.1 RE: Each of the Planning Board members has received a copy of Mr. and Mrs. Wheeler's letter of November 24, 1989. The Planning Board has been aware of the Wheeler's concerns for several months. In fact, the Board had received a letter on May 30, 1989 from Paul Kreiling, President of the Yennecott Park Property Owners Association. In response, the Board encouraged Mr. Kreiling to meet with Planning staff (see enclosed letter of June 12, 1989). Staff met with him and several members of the Yennecott community on June 30, 1989. The concerns of the neighbors were discussed at a subsequent Planning Board work session. As a result of the community's input and concerns, staff was instructed to tell Messieurs Israel and Mandel that the provision of a park and playground area probably would be required. Mr. Israel objected strenuously; arguing that since he had not been informed of this request prior to preliminary approval, that he should not be required to provide it on the final map. His objections made their way to the Housing Committee, where the situation was discussed on September 7th. The Committee drafted a memorandum to the Planning Board on September II, 1989. The memo stated that the Board should consider NOT requiring park and playground, but rather should . . request money in lieu of the land. Four separate reasons were offered in support of this position. See enclosed copy of memorandum. The Planning Board responded to this letter with a memorandum dated September 27, 1989, which was sent to all members of the Town Board. This memo outlined why the Planning Board was requesting the land instead of the money. Specific reference was made to the need for park land in areas of higher density. A copy of that memorandum is also enclosed. There was no response to this memorandum. The Planning Board felt that the Town Board, specifically the Housing Committee, was not supportive of the Planning Board's position. Consequently, the Planning Board voted on November 27, 1989 to ask for money in lieu of park land. In its resolution, the Board stated that it was referring the request for an appraisal to the Town Board "in accordance with the recommendations of the Southold Town Affordable Housing Committee." See enclosed letter. In response to the Town Board's request that the Planning Board be made aware of the Wheelers' letter, I want to make it clear that although the Planning Board was willing to act in accorandance with the wishes of the Housing Committee, it still feels that the subdivision should have parkland within its boundaries, even though this means the deletion of four lots from the total yield. The higher density of this district and the increased probability that there will be many young families within the affordable housing units argues in favor of providing park and playground area within walking distance of these homes. In light of the fact that there is another affordable housing proposal being reviewed by the Planning Board and a third by the Town Board, the loss of two affordable lots in the DBM subdivision will be offset by the new lots being created. with regard to the suggestion made by the Wheelers that Lots 51 through 54 be set aside for the park area, the Board's position is that these lots should remain. A conservation easement will be placed on the rear portion of Lots 50 through 55 (Section Three) and 13 through 16 (Section Two) in order to prevent regrading and the placement of structures in close proximity to the adjoining wetland area. The Board is recommending that Lots 41 through 44 (Section Three) which are adjacent to the drainage area, be set aside for park and playground purposes. Finally, the Board will be recommending that Lots 5,6 and 7 (Section Two) be redrawn so as to create three standard lots. At present, Lot 6 is a flag lot surrounded by five backyards. . . . I I PLANNING BOARD OFFICE TOWN OF SOUTHOLD Jean Cochran, Chairman southold Town Affordable Housing committee Bennett Orlowski, Jr., Chairman~ southold Town Planning Board september 27, 1989 DBM Affordable Housing Project sc~~i 1000-55-6-15.1 e planning Board is in receipt of your letter dated Ceptember 11, 1989 regarding the above project. one Planning Board held the preliminary hearing on May 1, 1989. t this hearing, and in numerous letters, concerned citizens scussed the density of the development, and the lack of any ~nd left for open space areas or for recreational purposes. the within is true that in most cases the planning Board accepts money B lieu of a park and playground. However, in most cases, the ~rd is reviewing proposals for cluster layouts which are ~t7d in a two acre zone. These proposals cluster the lVldual lots allowed under the two acre zone, to a minimum of ,000 square feet. The land remaining, is then left as open ceo The DBM Affordable Housing project proposes elopment at a density four times that which is commonly iewed by the planning Board, with no provision for any open ceo \ iPlanning Board's request\is in response to both further cw and the concerns of the citizens. ~ Francis J. Murphy, supervisor Town Board Members . " . - " .' , )i; " \ '<., COUNCILMEN Raymond W. Edwards Jean W. Cochran George L. Penny IV RUlh D. Oliva Ellen M. Larsen "!,.,~ TELEPHONE (516) 765-1891 COUNCILMEN TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southo1d, New York 11971 fr-. . -7~- ,,- .-'.-- }l, I i,~'.-.-.' ;, - .! If _:.I' -, L ('.1 .~..:! ,r-'"-"'--4:-_."'-"~,,, ".... /UJ[ ~~~. TO: Southold Town Planning Board FROM: DATE: Southold Town Affordable Housing Committee September 11, 1989 After discussion the Affordable Housing Committee offers the following: The Planning Board consider to accept money in lieu of a park and playground for the Affordable Housing Project of D.B.M. Boisseau Avenue, Southold. Reasons: 1. The Affordable Housing Law allows for the affordable housing zone near the hamlets to enable participants to more easily use hamlet services. We feel this project is in close proximity to the school playgrounds. 2. If a park and playground is required, we will lose two affordable houses, which are sorely needed. 3. In recent years the Planning Board has recommended money in lieu of a park and playground in most subdivisions. Why treat an affordable housing project differently? ~. The need for a park and playground was not discussed in the preliminary site plan which was approved. cc: Affordable Housing Committee .. .. . . ,:::-';r~""i~ \;.' "-~I' "''''''.' " ," .,.,' 'r ,',. ,Y (\\.'S \ -~l.., _ /'" _..~ , '" ~ .' ".,.,~ /~.;} ":,~'~,,., "'-:::;'\ ".:~ ~"I"~'" ......\ ..'>,;;; .1. I _ \rr~._. _,"I, .'~ I ~:;; ': ':,.'_.' ",':j!<;.__, ':. __ ,_. r: ~"'> ~ (';:it,;~f;!', r:r;.. ';.\ U'" . 'A,' ) A'l{~ ...~ fJ '~ }:.:~~,':,._ii>~" ,,"'~~l i:,.~,.' ..."",. ",,',(y ,~. -':''1} ..-.._,.) ,'\) ":";':;~'!' . \V,'"'' ,~.:~( . -;1 . ,Jy '~.::..~u~ . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765.1823 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 4, 1989 flDJ'Jg @ & 0 w Ull DEe - 4 1989 ~ it PSOUTHOtD TOWN LAN/liNG BOARD r" ...., ~ t ': l;ii ,~ ,Il i 1/1 ! ','j" "', , , ... Lewis Edson First Town Realty Main Road Southold, New York 11971 Dear Lew: The Southold Town Board at their regular meeting held on October 24. 1989, adopted a resolution engaging your services for the purpose of conducting an appraisal of the subdivision of "Highpoint II, Sections One, Two and Three (DBM Affordable Housing Project), so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section 106-38.E(3) of the Code of the Town of Southold. The subdivision maps are enclosed herewith. When you have completed your appraisal, please file it with me. Thank you. Very truly yours, cY(' - C~ Judith T. Terry.. Southold Town Clerk Enclosures cc: Planning Board . . ~1r- . . :;P -~ < '-" </,~:;;;,,<~r<:l~'{ <.:~~::\ . ~::::::';, L,':"".:, ;"';;' ,; ! ~- ";4:<~:E;} ~';';?'" "~,,,,,,'" ':~,f11 ", "I ',',.")....;?' " :'?:;'.:;~-?,_zi:z5.).,v,/ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 JUDITH T. TERRY TOWN CLERK REGISTRAR O~ VITAL STATISTICS 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 NOVEMBER 28, 1989: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Lewis Edson, at a fee of $100,00, for the purpose of conducting an appraisal of the major subdivision of Highpoint II, Sections One, Two and Three (DBM Affordable Housing Project). so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section A 1 06-38E, (3). Subdivision of Land, of the Code of the Town of Southold. ".~ ~ ~ ~-~....7~ .....;:r~ r--Judith T. Terry (]' Southold Town Clerk December 1, 1989 . . . . .,- ~" " ~ DEe - 4 :989 t...~ ..~i.-~:/>,........ 'j.;f_,-:':;:~ ',J' -~C ,:i.:;.r..<:";:U\I..,.,,,,\/,,,,~ .)' '\ - "1V'"'' I_~ . ,e ,'f. ',' """ .. '.'. '"'.f/''' \ . :~ ,Y,~) ,,;fJ(-'.,...,-':" C':,,; N.., '''''1\' '. - t, -I .~,- -', - ., r-n r4 , r~..~:_.._ ,', ,'/ /,,~:Y,::l -'J" ~'''''>:-Y,(/ ,I . "Y' , ~ [~ ffi ~ ~g 8 ~'. " -.<,. -- Town Hall, 53095 Main Road P.O. Box 1179 Southo1d, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 SOUTHOlD TOWN PLANNING BOARD JUDITH T. TERRY TOWN CLERK REGISTRAR OF VirAL STATISTICS ~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD / . December 1, 1989 Southold Town Planning Board: Although I transmitted a copy of this letter to you on November 24, 1989, the Town Board, at their November 28th work session, asked that I transmit another copy for your attention; to be sure each member receives a copy. ~~ " . . 1215 Tuthill Road Southold, N.Y. V197 Nov. 24, 1989 Southold Town Boards and Affordable Housing Committee Town Hall Southold, N.Y. 11971 '.;~ '.,: :10\,1 2 '1 "'(\,,",11 :-',_\'-t 1-'4.,) Dear Members of the Boards and Committee: . -, .. ',,"~.I;;'~.;'.",;. \i~Gti\ '~:;;;;.iiS..~".;j ,'" I This letter is in regards to DBM Company's Affordable Housing Project also known as Highpoint II at Southold for the land between Boisseau Avenue and Yennecott Drive. We would appreciate the boards and committee taking some time to confront our concerns about this project. PLEASE BEAR WITH US. We were extremely upset by the boards decision to accept money in lieu of parkland and playground area in this project. In a letter dated 9-11-89 from the Councilmen to the Planning Board from the AHD committee you stated reason for this decision. For each of your reasons we would: like to state our objections and or opinions. We feel strongly of all develop- ments that this one definitely should have parkland set aside for such use. Reason 1 being that kids no longer walk to play areas, they ride bikes. The 3 main roads leading to the school are: Rt 48(North Road) which is a heavily traveled speedstrip with numerous accidents occuring, increasing yearly it seems, at all the intersections and entrance/exit of the many businesses along this route. We as parents of young children forbid them to use this road to get to sehool property, fearing for their safety and Ii ves. The Ma,in Road - the village hamlet is very congested in summer and winter making it difficult for car travel let alone bikes. Boisseau Ave/ Hummel Ave/Traveler St./Horton Ave/Main Rd to finally Oaklawn Ave. Boisseau Ave. is heavily traveled by both trucks and cars, the kids have to be extremely careful while using this road. Hummel Ave. is the easiest and nicest part of the travel route, crossing over Youngs Ave and railroad tracks brings them to Traveler st. which is also heavily traveled due to the Featherhill Complex and the Post Office. In the Post Office area the kids must confront parking on both sides of the street plus vehicle doors opening into their paths. Kids must be extremely careful not to let their minds wander at all !! Finally they either go through Town Hall Parking area or to the corner of Horton depending on the time of day. Now at the Main Rd. they must wait for a clear area in traffic to cross safely. WHEW made it to Oaklawn Ave. If this is what a kid faces now we wonder whar-- the journey will be like in the future when all new developments and growth are considered? The last route described is the only route we allow our children to use to get to the school. We do not feel like it is a safe route but the best of all evils considered. T'lerefore" please give this new community the play and park area near their homes. Don't send them down the road to the school ! -, . . . . Reason 2 being- if 2 AHD lots are lost, so be it, you will still have 26 of these dearly needed lots. There will be many (50+) families equating to hundred(S) of people possible, who we feel would truly enjoy a park and playground area. We have had the pleasure of "guest" use and the pleasure of watching Yennecott Park Association utilise their own beautiful park area. It is a very nice asset to the community living for all ages to enjoy. Community parks can work for the betterment of the community. In talking to some of Yennecott's members I have found out that for a MERE yearly membership fee of $35.Qa they are able to maintain and insure their park. This fee was established back in the early 70's and has not increased since. Amazing! We don't think such a small fee would harm any of the AHD residents for the rewards they would gain from their own park. Community Parks can work, just ask Yennecott, Laughing Waters, Reydon Shores for a few examples. Reason 3- We feel that the money being taken may never be spent so these 50+ families involved here will have the opportunity to enjoy as fully a park area as if they had their' own. Yennecott Park is a mix of young and old who all work together' in maintaining their' beautiful park. The community yard sales, community picnics, ball games of all sorts, ice skating in winter, meetings of young and old all occur in their park on a formal and inf'ormal or by chance meeting. We think this is wonderful. All for $35.00 per year membership or' association fee ! Talk to Them !!! Reason 4- We believe that town code states that land be set aside for such areas. We beg you to "give it a try" in this AHD development and if it succeeds- Hooray. If it does not work at least you gave it a chance then maybe the land could be put to other use such as other AHD lots, years down the road. .fuile having your attention, we again ask PLEASE BEAR WITH US. We would like to suggest that maybe lots in Section 3 #51-54 be considered for this park area. Our reason for this being the precious wetlands would be affor$rl more protection. By the time Section 1 and 2 are completed there would be enough people involved to start an association and also the developers would have recouped some if not al~ their costs involved with this project to work on this very useful and needed park area. Possibly adding a pond area like Yennecott has would fulfill our dreams for a very nice park area for this new development. We know we may be going beyond reality but why not try. There are deer, hawks, cranes, salamanders, birds, turtles etc. now living and utilising the wetlands and woodlands adjoining our property. We hope to continue to watch and enjoy all these wonderful creatures living side by side with humans. Mr. Tom O'Brien, a Southold school teacher has used Yennecott Pond in his school trips and studies. Why not consider adding another outdoor classroom for everybody who will reside in this new community to enjoy. These families will be working hard to keep a home in this area, they will probably not have boats or the time to enjoy the Bay and Sound area parks and water. We plead for them- Give them a park. We greatly aopreciate the time and needed type of community. Highpoint II as an example so short change these residents. for listening to our concerns all of you have taken in planning this new All future AHD developments will be using please reconsider the park areas-Don't We will end with saying thank-you to all and suggestions. Sincerely, /Z'(.hUAd.. +- /...a.u,LL,., Wh E L(e.e.- Richard and Laureen 'Nheeler -' -<> ~ ~~o~ ~o, ~~ .0, ~ '?~ . - ~;;. ---- --., ,-.l ~o'b 0';; '9' o ,'*J"bS .7- ....'r' .,> ~,y..:. ~O'^"'" <>,0 ~' .,-.l o -::, \ ;If' 'cS"1..,..o 1S\",6'-t. ',s ~ . p- . "'0 ~- > cl ~ 0_, . +- "M .1 .6 "1.: ";:ifo.!: ~<4 ~: ~ 0, c? ?;. ~ ... yI "? i- C' " ~~. U' ~ V' " ~ ~. (' .~ "3 ::::-\ r j:> 3- -"1) <0 P w "J ) l/' ~ v\ f' ;! ~ 0 ~ R () 1-Jf 0 -,,; 0' :s- c.S r-t. I" ? 17c. ~ r p f' -0 y.:, n ft. t ~ " ~? G c, '" ,-'" v' ,.,., 0 .J r" 0- r- ,... ~-".'~:.',::~''''- . .,.... .j '~ . Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 12, 1989 Charles Lind Suffolk County Dept. of Planning Veterans Memorial Highway Hauppauge, New York 11787 RE: Proposed Subdivision for DBM Affordable Housing (Highpoint Section III) SCTM# 1000-55-6-15.1 Dear Mr. Lind: As per our telephone conversation of this morning, the Planning Board is forwarding a copy of the Draft Environmental Impact Statement to your office. Valerie scopaz will be hand delivering the document to your office on Thursday, December 14, 1989. The Planning Board has only one copy of the document, thus it would be appreciated if you would either copy the document and return the original with Valerie, or borrow the original and return it at a later date. After receiving your October 5th report, which requested a copy of the D.E.I.S. and F.E.I.S for the above mentioned subdivision, both Jill Thorp, the secretary for the Planning Board, and I contacted your office. It was our understanding that you would contact Arthur Kunz, as a copy of the D.E.I.S. had previously been forwarded to his office by Judith Terry, Town Clerk. It was also our understanding that you would contact us if you were unable to obtain the D.E.I.S. On November 1, 1989, I contacted Arthur Kunz to question why the subdivision was not scheduled for the November meeting. He told me that the office was backlogged, and it could not be added to the November meeting. He said he would follow up on the status and would try to schedule it for the next meeting. The Planning Board held the public hearing for the subdivision on November 20, 1989. The hearing was left open, one of the items being that the Board had not received the Planning commission's report. TELEPHONE (516) 765-1938 . Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 12/05/89 William Moore Suite 3- Cluase Commons P.O. Box 23 Mattituck, NY 11952 RE: Highpoint, Section II (DBM Affordable Housing) SCTM *1000-55-6-15.1 Dear Mr. Moore: Enclosed please find a resolution from the Town Board approving the amount of $565,530.00 for a bond for roads and improvements for the above mentioned subdivision. Upon receipt of a letter of credit or its equivlent, the Planning Board will continue the their review process. If you have any questions, please do not hesitate to contact this office. {~e ~ tru.lY Y720ur , /1 //)I . g:: / // (.( ._--:~."(_ ,1 J v;./ e:-:"'/Y- .>\u.~.~v...............-" MvnlYI. ~v ;r BENNETT ORLOWSKI,JR. CHAIRMAN enc. jt ffi @ ffi 0 Wi ffi Jrl!: DEe - 4 1989 c . ".. 00 ~".~..,'j SOUTHOLD TOWN PLANNING BOA;,O Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 JUDITH T. TERRY TOWN CLERK REGISTRAR Of VITAL STATISTICS 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 NOVEMBER 28, 1989: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $565,530.00 for a bond for roads and improvements in the major subdivision of Highpoint II, Sections One, Two and Three (DBM Affordable Housing Project), all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. ~/hL~~ ~i~~""~~~ Southold Town Z;~/( December 1, 1989 , . . ~@rn~W~r;j - i I ~ [(C-~- ;:J'-'i.' 1_,,1; Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765.1823 TELEPHONE (516) 765-1801 SOUTHOlD TOWN PlANNING BOARD J JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 1, 1989 Southold Town Planning Board: Although I transmitted a copy of this letter to you on November 24, 1989, the Town Board, at their November 28th work session, asked that I transmit another copy for your attention, to be sure each member receives a copy. cfC~ .. -~~ ~pnt . :a; )?k./q?, . ,. , 1215 Tuthill Road Southold, N.Y. 1'1971 Nov. 24, 1989 . ~"r", ...... .. ..... ,.. ",,, Southold Town Boards and Affordable Housing Committee Town Hall Southold, N.Y. 11971 "\)V" " 1 ~ ,(; ':: ...('.1"'\1\ ijC':; Dear Members of the Boards and Committee: . ,', " .'....., ,....~\ ~:,'''', ~'"':'~.);~;j t .:;vm iJI.l;~ l ,.,.,,,", ~J.... This lette~ is in regards to DBM Company's Affordable Housing Project also known as Highpoint II at Southold for the land between Boisseau Avenue and Yennecott Drive. We would appreciate the boards and committee taking some time to confront our concerns about this project. PLEASE BEAR WITH US. We were extremely upset by the boards decision to accept money in lieu of parkland and playground area in this project. In a letter dated 9-11-89 from the Councilmen to the Planning Board from the AHD committee you stated reason for this decision. For each of your reasons we would. like to state our objections and o~ opinions. We feel strongly of all develop- ments that this one definitely should have parkland set aside for such use. Reason 1 being that kids no longer walk to play areas, they ride bikes. The 3 main roads leading to the school are: Rt 48(North Road) which is a heavily traveled speedstrip with numerous accidents occuring, increasing yearly it seems, at all the intersections and entrance/exit of the many businesses along this route. We as parents of young children forbid them to use this road to get to s~bool property, fearing for their safety and lives. The Main Road - the village hamlet is very congested in summer and winter making it difficult for car travel let alone bikes. Boisseau Ave/ Hummel Ave/Traveler St./Horton Ave/Main Rd to finally Oaklawn Ave. Boisseau Ave. is heavily traveled by both trucks and cars, the kids have to be extremely careful while using this road. Hummel Ave. is the easiest and nicest part of the travel route, crossing over Youngs Ave and railroad tracks brings them to Traveler st. which is also heavily traveled due to the Featherhill Complex and the Post Office. In the Post Office area the kids must confront parking on both sides of the street plus vehicle doors opening into their paths. Kids must be extremely careful not to let their minds wander at all !! Finally they either go through Town Hall Parking area or to the corner of Horton depending on the time of day. Now at the Main Rd. they must wait for a clear area in traffic to cross safely. WHEW made it to Oaklawn Ave. If this is what a kid faces now we wonder whar--- the journey will be like in the future when all new developments and growth are considered? The last route described is the only route we allow our children to use to get to the school. We do not feel like it is a safe route but the best of all evils considered. Therefore;please give this new community the play and park area near their homes. Don't send them down the road to the school ! -, . . Reasnn 2 being- if 2 AHD lots are lost, so be it, you will still have 26 of .ese dearly needed lots. There will be many (50.) families equating to hundred(S) of people possible, who we feel would truly enjoy a park and playground area. We have had the pleasure of "guest" use and the pleasure of watching Yennecott Park Association utilise their own beautiful park area. It is a very nice asset to the community living for all ages to enjoy. Community parks can work for the betterment of the community. In talking to some of Yennecott's members I have found out that for a MERE yearly membership fee of $35.00: they are able to maintain and insure their park. This fee was established back in the early 70's and has not increased since. Amazing! We don't think such a small fee would harm any of the AHD residents for the rewards they would gain from their own park. Community Parks can work, just ask Yennecott, Laughing Waters, Reydon Shores for a few examples. Reason 3- We feel that the money being taken may never be spent so these 50+ families involved here will have the opportunity to enjoy as fully a park area as if they had their own. Yennecott Park is a mix of young and old who all work together' in maintaining their' beautiful park. The community yard sales, community picnics, ball games of all sorts, ice skating in winter, meetings of young and old all occur in their park on a formal and informal or by chance meeting. We think this is wonderful. All for $35.00 per year membership or. association fee ! Talk to Them !!! Reason 4- We believe that town code states that land be set aside for such areas. We beg you to "give it a try" in this AHD development and if it succeeds- Hooray. If it does not work at least you gave it a chance then maybe the land could be put to other use such as other AHD lots, years down the road. While having your attention, we again ask PLEASE BEAR WITH US. We would like to suggest that maybe lots in Section 3 #51-54 be considered for this park area. Our reason for this being the precious wetlands would be affor$d more protection. By the time Section 1 and 2 are completed there would be enough people involved to start an association and also the developers would have recouped some if not al~ their costs involved with this project to work on this very useful and needed park area. Possibly adding a pond area like Yennecott has would fulfill our dreams for a very nice park area for this new development. We know we may be going beyond reality but why not try. There are deer, hawks, cranes, salamanders, birds, turtles etc. now living and utilising the wetlands and woodlands adjoining our property. We hope to continue to watch and enjoy all these wonderful creatures living side by side with humans. Mr. Tom O'Brien, a Southold school teacher has used Yennecott Pond in his school trips and studies. Why not consider adding another outdoor classroom for everybody who will reside in this new community to enjoy. These families will be working hard to keep a home in this area, they will probably not have boats or the time to enjoy the Bay and Sound area parks and water. We plead for them- Give them a park. We greatly appreciate the time and needed type of community. Highpoint II as an example SO short change these residents. for listening to our concerns all of you have taken in planning this new All future AHD developments will be using please reconsider the park areas-Don't We will end with saying thank-you to all and suggestions. Sincerely, !6.(.hevccL +- /..a....<~L., WhE L.ctte-- Richard and Laureen Wheeler -' .- . "'., (Il~O~ 1, o~ . ~ ~(O 0.., ~ 'Q~ ~/ <-;.'"" ----------- .' ~ t-\~"'" o\~\ " (0,. ..-- ,-<I ~os 0"" .~, .\,J"JJ'? 't "JJ}""" .' Q >;; \ \ oM \1\10 ,66LL 1~j9- "-"@ '"' o < , .;~rttf.tl ~.:. ~: ~ o~ "'. ~ ~ ? ~.; 1- C' " () J 1 I/' v' .,~ ~ " ~ (' ~ '3 b ~ p ~. -a "0 ~. (.N p :; j V' \ ,-" (' ;! ~ 0 1 ? () '}.Jf 0 ..", ~y cS I" ? L(c. ~ r p ~ 1) 9-:> G rt t f' " ~ p? 0 Q '" . '" v' '" n "' r- , v cr- J ) . JUDITH T. TERRY TOWN CLERK REGISTRAR Ot' VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX(516) 765-1823 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOW December 4, 1989 w f1@f1DWI{ DEe - 4" ,";, f '~) . J ~UNTfjoiD TOWN '.... NING 80ARD Lewis Edson First Town Realty Main Road Southold, New York 11971 Dear Lew: The Southold Town Board at their regular meeting held on October 24, 1989, adopted a resolution engaging your services for the purpose of conducting an appraisal of the subdivision of "Highpoint II, Sections One, Two and Three (DBM Affordable Housing Project], so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section 106-38. E(3] of the Code of the Town of Southold. The subdivision maps are enclosed herewith. When you have completed your appraisal, please file it with me. Thank you. Very truly yours, ~.-o~ Judith T. Terry Southold Town Clerk Enclosures cc: Planning Board . . . JUDITH T. TERRY TOWN CLERK REGISTRAR Of VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 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 NOVEMBER 28, 1989: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Lewis Edson, at a fee of $100.00, for the purpose of conducting an appraisal of the major subdivision of Highpoint II, Sections One, Two and Three (DBM Affordable Housing Project), so the Town Board may determine the amount of money to be deposited with the Town in lieu of land for park and playground purposes, all in accordance with Section Al 06-38E. (3), Subdivision of Land, of the Code of the Town of Southold. ~~./ ...7/~~ Judith T. Ter~ Southold Town Clerk December 1, 1989 ( 41 . . '. .'. --.. - .' ..., .. r-' Account Number.. :'?~~....... Invoice #. .1.613.1;3....... Date.. ~p)l~!".b~r.. ?9. .19~.9......... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Name: tlowne Payee Identification or Social Security N O' ~ ~ ~ U W ~rn\I. .-'\!: . . .NOV. .2 2. n~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payee Reference: __' .~_' Address: . . . . . . . ?n~? . . . . . . . . . . ~e~1{;;;.:.. . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Phone No. (. . . .). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vendor Contact Cash Discount. . . . . . . . . . . . . . . . . . % . . . . . . . . . Days. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Item No. Description of Material/Service Quantity Unit Price Amount DBM Affordable Housin $380.44 The undersigned (Claimant) (Acting on behalf of above named. the foregoing claim is true and correct and that no part thereof has and that the balance therein stated is actually due and owing. Dated... .~q":~l1l~~r:. .~q............. .,19 .!l~. Total Discount Net ~ .."J .... . . SIDNEY B. BOWNE & SON ~~<ff~ 45 Manor Road Smithtown, New York 11787 (516) 724-0611 16813 November 20, 1989 Town of Southold -. 87335 Final review and bond estimate DBM Affordable HouSin9 P.O.# 3544 55-6-15.1 $ 380.44 For the period of: 09/26/89 to 10/23/89 PLEASE REMIT TO: SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, New York 11787 MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An EQu.' Oppor1unity Employ... M/FIH ~_.".<- ,( , "" ,-. '- '-, "" "". "', "', ~: I '" , , I , ",' , i ~ "'I ! ,-,j' i',- I v ,I I: '-1' t SIDNEY 6. BOWNE & SON MANAGEMENT INFORMATIO~ SYSTEM 10/26/B9 JOB DETAIL REPORT FOR THE PERIOD FROM SEPT 26, 1939 TO OCT. 23,.19B9 JOB NU~BER: -TBR/EO NO.: CLIENT NUMBER: 087335 JOB NAME: OBM COMPANY SOHO TYPE OF SERVICE: CLIENT NAME: SOUTHOLO SOHO EMPLOYEE IDENTIFICATION DAILY HOURS WORKED JOB CLASS: R PROJ. MGR. BROWN SH TOTAL HOURS HRL Y RATE (REG, Or) WED THU FRI --------------------------~------- MON NUM6ER ----------------------------------------- LAST NAME FIRST NAME TUE FOR THE WEEK ENDING OCT. 16, 1989: KOHN JOHN W. R 25.3626 0.0 5.0 0.0 1.0 09:17:56 PAGE 90 SALARY COST TOTAL' SALUY COST -------------------------------------------------------------------------------------------------------------------------------- ...... 000420 I' !, '" " . 0.0 0.0 6.0 SUB TOTAL TOTAL MULTIPLIER SUB - TOTAL FE E TOTAL FEE 152.18 s s 152.18 152.18 2.50 380.44 3Bo.44 s s '1 ._.;"J~..".__...... '--'-'-""'-)' :1. :t .,. '0 " " " ..:I " " "..; '. " ,-hJ " " "..; " " "..; " ;?~ "..; . " ,'. ';j .)" ... ~ " ~..; " " .....; " "~~;~;j" ::~ " " ".; .. .-'~~9 ~..; " " -., ~-.~.,..-".~'''7.--~~.!t -,.,-.,"':;...-~"7'...--..""".l!'......"...7- ,,1/ .. ''':-''''-~1'-''''''~ ,'1;:. .."'M.....:-;.,...' ',,;: 55 ..., ~ "; "-'t"~1..w-1r~~~JN 56. . - .."'. . ~."",!<, . 57 ....:-.;, .~ '" \ ,~~L '?/w?? ~ ~ . )lk/11, . .. 1215 Tuthill Road Southold, N.Y. 1'1971 Nov. 24, 1989 ~"'" $;' ."'. ;~ ~,~' r.~ -;1 Southold Town Boards and Affordable Housing Committee Town Hall Southold, N.Y. 11971 ~."0n "1.)'1 ,) ,j """'j \'~ ' I~ '~-: I....U. Dear Members of the Boards and Committee: _ .', ,.' v ;"'=t""~\ '""" ,---'n~!';o~a ~ aVin \i~t;..l ,.' _,.1' .' 'j,,l,'~ This letter is in regards to DBM Company's Affordable Housing Project also known as Highpoint II at Southold for the land between Boisseau Avenue and Yennecott Drive. We would appreciate the boards and committee taking some time to confront our.eoncerns about this project. PLEASE BEAR WITH US. We were extremely upset by the boards decision to accept money in lieu of parkland and playground area in this project. In a letter dated 9-11-89 from the Councilmen to the Planning Board from the AHD committee you stated reason for this decision. For each of your reasons we would, like to state our objections and or opinions. We feel strongly of all develop- ments that this one definitely should have parkland set aside for such use. Reason 1 being that kids no longer walk to play areas, they ride bikes. The 3 main roads leading to the school are: Rt 48(North Road) which is a heavily traveled speedstrip with numerous accidents occuring, increasing yearly it seems, at all the intersections and entrance/exit of the many businesses along this route. We as parents of young children forbid them to use this road to get to sGbool property, fearing for their safety and lives. The Main Road - the village hamlet is very congested in summer and winter making it difficult for car travel let alone bikes. Boisseau Ave/ Hummel Ave/Traveler St./Horton Ave/Main Rd to finally Oaklawn Ave. Boisseau Ave. is heavily traveled by both trucks and cars, the kids have to be extremely careful while using this road. Hummel Ave. is the easiest and nicest part of the travel route, crossing over Youngs Ave and railroad 'tracks brings them to Traveler st. which is also heavily traveled due to the Featherhill Complex and the Post Office. In the Post Office area the kids must confront parking on both sides of the street plus vehicle doors opening into their paths. Kids must be extremely careful not to let their minds wander at all !! Finally they either go through Town Hall Parking area or to the corner of Horton depending on the time of day. Now at the Main Rd. they must wait for a clear area in traffic to cross safely. ~ made it to Oaklawn Ave. If this is what a kid faces now we wonder what the journey will be like in the future when all new developments and growth are considered? The last route described is the only route we allow our children to use to get to the school. We do not feel like it is a safe route but the best or all evils considered. Thereforerplease give this new community the play and park area near their homes. Don't send them down the road to the school ! mow ~ ~, NOY249i9 'Ij SOUTHOLD TOWN PlANNINll.BOARD . 9 ~ Reason 2 being- if 2 AHD lots are lost, so be it, you will still have 26 of these dearly needed lots. There will be many (50+) families equating to hundred(S) of people possible, who we feel would truly enjoy a park and playground area. '"e have had the pleasure of "guest" use and the pleasure of watching Yennecott Park Association utilise their own beautiful park area. It is a very nice asset to the community living for all ages to enjoy. Community parks can work for the betterment of the community. In talking to some of Yennecott's members I have found out that for a MERE yearly membership fee of $35.00 they are able to maintain and insure their park. This fee was established back in the early 70's and has not increased since. Amazing! We don't think such a small fee would harm any of the AHD residents for the rewards they would gain from their own park. Community Parks can work, just ask Yennecott, Laughing Waters, Reydon Shores for a few examples. Reason 3- We feel that the money being taken may never be spent so these 50+ families involved here will have the opportunity to enjoy as fully a park area as if they had their' own.' Yennecott Park is a mix of young and.old who all work together in maintaining their' beautiful park. The community yard sales, community picnics, ball games of all sorts, ice skating in winter, meetings of young and old all occur in their park on a formal and informal or by chance meeting. We think this is wonderful. All for $35.00 per year membership or' association fee ! Talk to Them !!! Reason 4- We believe that town code states that land be set aside for such areas. We beg you to "give it a 1ory" in this AHD development and if it succeeds- Hooray. If it does not work at least you gave it a chance then maybe the land could be put to other use such as other AHD lots, years down the road. While having your attention, we again ask PLEASE BEAR WITH US. We would like to suggest that maybe lots in Section 3 #51-54 be considered for this park area. Our reason for this being the precious wetlands would be affor$rl more protection. By the time Section 1 and 2 are completed there would be enough people involved to start an association and also the developers would have recouped some if not al~ their costs involved with this project to work on this very useful and needed park area. Possibly adding a pond area like Yennecott has would fulfill our dreams for a very nice park area for this new development. We know we may be going beyond reality but why not try. There are deer, hawks, cranes, salamanders, birds, turtles etc. now living and utilising the wetlands and woodlands adjoining our property. We hope to continue to watch and enjoy all these wonderful creatures living side by side with humans. Mr. Tom O'Brien, a Southold school teacher has used Yennecott Pond in his school trips and studies. Why not consider adding another outdoor classroom for everybody who will reside in this new community to enjoy. These families will be working hard to keep a home in this area, they will probably not have boats or the time to enjoy the Bay and Sound area parks and water. We plead for them- Give them a park. we greatly anpreciate the time and needed type of community. Highpoint II as an example SO short change these residents. for listening to our concerns all of you have taken in planning this new All future AHD developments will be using please reconsider the park areas-Don't We will end with saying thank-you to all and suggestions. >t" '~011 Sincere'ly, ' R.,,~h~d. +- ~;tL'" WhE Leete-- Richard and Laureen ,fueeler ,... . ~ "0 ~.. 1, o~ . , .t..(<I0..... ~ ~t3- . / ~J- -------.- . l:-''Vv. o\c,\ . " (. \ .g \ 0 \ CI /\ ~ \ ~ . '?", \M\' " -i- (()~ ~;Q --------- ~ ~::s ___ _. ?o (t'\; ,i\rJ..l.\ll.- G.'ljO'd?~ ...____-- ).i-~ /__~ /' / ~ .</ .. r ',,0,,& ~ ,'<I ~oS 00$> .~, O.S 1.. \ ~)-c1 " 0 .)!if..~. ,;. ~: -'- . o cJ) 8 ~ (" -0 P ::> ' ~ V1 b ? ~ fr 1- '" :s- -;;: ? LJ:C r p o 1) ~ \t, ~ ~ p? . """ 0- J ~ ~ b 3 i' "C r<> n ^' r '" ~ -::. '\ U' < '0/ '" \ . M 11~IO ,661..1..\ ") _~5f),; .- "-'@ "'", o < , s ~",...',> "..... , o~ "'. ?z "'s-@ '0 <, / yI ~ ~.; V' u' (\ b q ~. W '\ ? !>- V' ~ (l o .." c5 ~ ~ " o U '" 1I~ o 0-- . . Town Hall, 53095 Main Road P.O. Box 1179 Southo]d. New York 1] 97] TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 27, 1989 William Moore Suite 3 - Clause Commons P.O. Box 23 Mattituck, NY 11952 RE: DBM Affordable Housing SCTM #1000-55-6-15.1 Dear Mr. Moore: The following actions were taken by the Southo1d Town Planning Board on Monday, November 20, 1989. RESOLVED that the Southo1d Town Planning Board adopt the engineer's report dated October 13, 1989. RESOLVED that the Southo1d Town Planning Board adopt the bond estimate in the amount of $565,530.00, and recommend to the Town Board that they approve same. It was noted at the meeting that the bond has been revised to include 2 street lights instead of 4. The lights are to be located at the intersection of Yennecott Drive and the proposed Tuthill Road, and the intersection of Boisseau Avenue and the proposed Lisa Drive. It was also noted that the (not 5%) of the approved bond. the amount of $33,931.80. inspection fee is to be 6% The inspection fee should be in The public hearing was held but was left open. The hearing will be kept open until such time that the Board receives and reviews the following items: A valid water contract; The Suffolk County Planning Commission review. RESOLVED that the Southo1d Town Planning Board refer the subdivision to the Town Board pursuant to Section 106-38 E (3) for a determination on the amount of money to be deposited with . . the Town in lieu of land for park and playground purposes. The Planning Board is referring this to the Town Board in accordance with the recommendations of the Southold Town Affordable Housing Committee. If you have any questions, please do not hesitate to contact this office. /~;;fY trul~ y~j.l1:'S\ . ,;J /} ,f' t7~-::::.f!:;'/!::f:f:~;;/ Chairman enc. jt Town Hall, 53095 Main Road P.O. Box 1179 Southo1d, New York 11971 TELEPHONE (516) 765-1938 . PLANNING BOARD OFFICE TOWN OF SOUTHOLD ., November 27, 1989 Judith Terry Town Clerk Southold, NY 11971 RE: DBM Affordable Housing SCTM ,1000-55-6-15.1 Dear Mrs. Terry: The following actions were taken by the Southold Town Planning Board on Monday, November 20, 1989. RESOLVED that the Southold Town Planning Board accept the bond estimate in the amount of $565,530.00 and recommend to the Town Board that they approve same. RESOLVED that the Southold Town Planning Board refer this subdivision to the Town Board pursuant to Section 106-38 E (3) for a determination on the amount of money to be deposited with the Town in lieu of land for Park and Playground. If you have any questions, please do not hesitate to contact this office. Bennett Orlowski, Jr. Chairman enc. jt .. ~IDN~Y B.: BOWNE .& SO~ ( . <:ctober 12, 1989 BOND ESTIMATE FOR HIGHPOINT II AT SOUTHOLD ;) ITEM QUANTITY DESCRIPTION." UNIT PRICE AMOUNT l. 7 ac~ _Clearing & Grubbing $ 2,000.00 $ 14,000.00 2. 15,000 c.y. Excavation (Roads & Recharge Basin) 5.00 75,000.00 3. 18 ea. Catch Basins 2,000.00 36,000.00 4. 3 ea. Manho 1 es 2,500.00 7,500.00 5. 9 ea. Leach ing Pools 3,000.00 27,000.00 " 6. 260 1. f . 15" Drainage Pipe 20.00 5,200.00 7. 1,800 1. f. 18" Drainage Pipe 25.00 45,000.00 8. . 560 1. f. 24" Drainage Pipe 30.00 16,800.00 9. 8,560 1. f. Concrete Curb 8.00 68,480.00 10. 11 ,500 s .y. Fine Grade 1.00 11,500.00 11. 2,700 tons Bituminous Pav'r-(Binder & Top) 55.00 148,500.00 12. 1,330 1:f. 6' Vinyl Clad C.L.F. w/curb 35.00 46,550.00 (Recharge Bas in) 13. 1 ea. 10'x6' C.L.F. Gate 900.00 900.00 14. NEC. Recharge Basin Planting L.S. 12,000.00 (Trees, Shrubs & Seeding) 15. 12,000 s.y. Topso i1 & Seed (Roadways) 1.00 12,000.00 16. 215 ea. Street Trees 150.00 32,250.00 17. 2 ea. Street Lights 1,000.00 ;!,OOO.OO 18. 500 1. f. Direct Buried E1 ectr ic Cable 2.00 1,000.00 - ',-- '-'--~-"'-!-.;..:~'~-:::.;..,-- .,.,.",-",...--.. -'-. 19. . 15 ea. Street Signs 150.00 2,250.00 " 20. 16 ea. Concrete Monuments 100.00 1,600.00 Sub- Total = $ 56:5,S30.00 '6~ Inspection Fee = 33,'93h-BiJ TOTAL = $.599,A61.BO SBB NO. 87335 D/127 Sheet 1 of 1 LEGAL NOTICE N_ ofPubIk: Hearllll NOTICE IS HEREBY GIVEN dw pursuant to Section 276 d Ihe Town Law, a public hcanna will.be hdd by the Soothold ToWD Planning Board It the Town HaU, Main Road, Southold. New York in .aid TOWDt the 16th day of October, 1989 the questioo of the fonow. mg: 7:3 p.m. Final approval of the major ubdivision of DBM Afford~ ""Houring, located at the Town of Sootbold, Coonty d Suffolk and the Slate of New Yori<. Suffolk Co.mty 1lox Map Number 1000-55-6-15.1. The property is bordered on the north by land now or formerly of Donald Tuthill, by land now or for- merly of Ycnnecou Park; on the easl by land now or formerly of Richard & Laureen Wheeler, by land now or fannedy of Francis &: Pat.ricia o'~ey. by land DOW or fonnerly of in Mooney; on the ~th by Ian now or formerly of Peter Meyer, r., by land now or fonneay of Carl & Anthony Codan &. another, by land now or formerly of Walter & Susan Stype, by land now or fonneay d Rishad & Iudith 0wadallY; 011 the west by land now or tonnerly of Margaret Krukows. ki, by land now or formerly of W1llilm Moffe~ Ir., by land no,,:, or formerly of lohn & Henry Slm- chick, by land now 01' tonnerly of - 11lpIin, by land now or for- merly of Cheller Finne, by land DOW or formedy of Robert Gold- nnitb. by land now or formerly of MaJy Whee1er. 7:45 p.m. Final approval of the minor subdivision 0( Too Bee Real- ty loc:atcd at the Town ri SootboId, a...ty of Suffolk and the State of New Yori<. Suffolk County Tax Map Number 1000-50-6-5. The property is bordered on the north by Ughthouse Road; on the .... by land now or fonneay d A. MeGonnigle; on the south by land now or formerly<< A. Sepenoska; 01, lhe west by land now or fonomy of H....er & Bagley. 7 :50 p.m. Final approval of the major subdivision of Thornton Smith, located at the Town of SootbnJd, County of Suffolk and the Slate of New Yorlc. Suffolk County Tax Map Number 1000-121-1- Ip/o19. The property is bordered on the north by land now or formedy of H. Oleclcla & Schulman, by land now or fannedy of Minas &: Vassiliki Mihaltses, by land now or fonnedy of Catherine Simicich. by land now or formerly of James &: Florence Gebbia; on the east by land now. or fonnerly of Franklin G. &: Arhne Boeckman. by land now or fonnedy of Joseph &: Lee Pufahl. by land now or fonnedy of Louis & Mau- reen Buona.uro; on the south by Sound Avenue; on the west by BetJen Avenue. 7:55 p.m. Final approval of the major subdivision of Highpoint at East Marion. Section 'Iluee, Inc..lo- cated at the Town of Southold. County of Suffolk and the State of October 19, 1989. The Suffolk Times A33 New Yorlc. Suffolk County Tax Map Number 1000-31-3-11.25. The property is borden:d on the north by land now or formerly of the subdivision of Highpoint at East Marion, Section _~,gJ, the east by land now or fOrmerly of Steven III Despina Moraitis; on the south by Main Road (RI. 25), by land now or formerly of Ean Marion Fire Dis- trict; on the west by land now or for- merly of George & Gestralcis Kort. solakis. g:OO p.m. Final approval of the minor subdivision ri Alan CardinaIe at lames CtoeJc, loc:atcd at the Town of ScuhoId, County d Suffolk and the State of New York. Suffolk County 1lox Map Number 1000-122- 3-1.1. The property is bordered on the north by land now or fonnedy of lames C. Gray, Sr. & Peter s. Gray, by land now or fonnerly d Dev..... Realty Co. Ine.: on the east by land now or formerly d Louise S. Eblers & Louise Stacey & Other, by Arm of lames Creek; on the south by Canal KnoWn as James Creek, on the wen by land now or formerly of 101m W. BouId1er & AIic:e Pantaleo, by land now or formerly of Alfn:d Steiner 4. Christina E. Stemer, by land now or formerly of Frank Milowsli. by land now or fonnerJy d Zozislaw Mikolojczyk & Stefanie Mikolojczk. by land now or fonner- Iy d Roy A. Schelin, by land now 1M formerly ~ Paul Lucas, by land now or formerly of Paul & Helen Lucas, by land now or fonnerly of Leonard J. Llewellyn & Marjory E. llewellyn, by Main Road (RL 25). 8:05 p.m. Public hearing on the Draft Environmental Impact State- ment with respect to the Hamlet: at Cutchogue, located at the Town of Southold, County of Suffolk and the State d New Yorl<. Suffolk County Tax Map Number 1000-102-1-33.3. SEQR lead agency is the Southold Town Planning Board. Copies of the EnvinwnentaI Impact Statement are on rUe at the office of the Planning Board, Town Hall, Main Road, Soothold, and ...y be reviewed during regular bUliness houts. 8: to p.m. Final approval of the minor subdivilion of James Cohill, located at the Town of Soulhold, County of Suffolk and Ibe S.... of New York. Suffolk County Tax Map Number lOOO-IU7-1_2. The property is bordered on the north by Mill Road; on the .... by Grand Avenue; on the south by Grand Avenue, by land now or for- merly of Eugene O. Grsf, by land now or formerly of Henty I. PauIak, Jr.. by land now or formerly of Smith G. Pearsall; on the welt by land now or formerly of E1izabeth V. Fox. Any petlOn desiring to be heard on the above mallers should IIppear at the time and place specified. Datcd: O<tober 17, 1999 BY ORDER OF THE SOUTHOLD TOWN PlANNING BOARD BENNETT ORWWSKI, IR CHAIRMAN 6461-ITOI9 of Mallituck, ir says that he/she is Princip~. S a Weekly Newspaper, , C ty of rown of Southold, oun . and that the Nolice of whl~h as been regularly published In k for 1 weeks I wee _ on the 19th day of 1 J .' j;, ((Ojd ~!Iu? -11,./ c'. Principal Clerk (' 1 ,,;? f " ,.lIu," ~U~(~:';;\~;;1Jj).9/'C '\ _, 1?-n1'! 8fplfe,) ,. ~ r ~}r ~~ LEGALS NOTICE Notice of PubDc Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a pUblic hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said lown on the 16th day of Octo- ber, 1989 on the question of the following: 7:30 p.m. Final approval of the major subdivision of DBM Affordable Housing, located at the Thwn of Southold, County of Suffolk and the State of New York. Suffolk County Thx Map Number 1000-55-6-15.1. The property is bordered on the north by land now or formerly of Donald Ththil, by land now or formerly of Yenne- cott Park; on the east by land now or formerly of Richard & Laureen Wheeler, by land now or formerly of Francis & Patricia O'Malley, by land now or formerly of Edwin Mooney; on the south by land now or formerly of Peter Meyer, Jr., by land now or formerly of Carl & Anthony Codan & another, by land now or formerly of Walter & Susan Stype, by land now or formerly of Rishad & Judith Owadally; on the west by land now or formerly of Margaret Krukowski, by land now or formerly of William Moffet, Jr., by land now or formerly of John & Henry Smicik, by land now or formerly of Robert Thp- lin, by land now or formerly of Chester Finne, by land now or formerly of Robert Goldsmith, by land now or formerly of Mary Wheeler. 7 :45 p;m. Final approval of the minor subdivision of Too Bee Realty, located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County Thx Map Number 1000-50-6-5. The property is bordered on the north by Lighthouse Road; on the east by land now or formerly of A. McGunnigle; on the south by land now or formerly of A. Sepenoski; on the west by land now or former. Iy of Hanauer & Bagley. 7:50 p.m. Final approval of the major subdivision of Thorn- ton Smith, located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County Thx Map Number lOOO-121-1-lp/oI9. The property is bordered on the north by land now or formerly of H. Checkla & Schlman, by land now or formerly of Minas & Vassiliki Mihaltses, by land now or formerly of Catherine Simicich, by land now or formerly of James & Florence Gebbia; on the east by land now or former- ly of Franklin G. & Arline Boeckman, by land now or formerly of Joseph & Lee Pufahl, by land now or former- ly of Louis & Moureen Buona- guro; on the south by Sound Avenue; on the west by Bergen Avenue. 7:55 p.m. Final approval of the major subdivision of High- pOInt at East Mar-ion_ Section Three, Inc., located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County Thx Map Number 1000-31-3-11.25. The property is bordered on the north by land now or formerly of the subdivision of Highpoint at East Marion, Sec- tion II; on the east by land now or formerly of Steven & Despina Moraitis; on the south by Main Road (Rt. 25), by land now or formerly of East Marlon Fire District; on the west by land now or formerly of George & Geatrakis Kortsolakis. 8:00 p.m. Final approval of ~he minor subdivision of Alan Cardinale at James Creek located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County Thx Map Number lOOO-122-3-1.l. The property is bordered on the north by land now or formerly of James C. Gray, Sr. & Peter S. Gray, by land now or formerly of Devaaka Realty Co. Inc.; on the east by land now or formerly of Louise S. Eltlers & Louise Stacey & Other, by Arm of James Creek; on the south by Canal Known as James Creek on the west by land now 0; formerly of John W. Boutcher & Alice Pantaleo, by land now or formerly of Alfred Steiner & Christina E. Steiner, by land now or formerly of Frank Milowski, by land now or formerly of Zozislaw Mikoloj- czyk & Stefanie Mikolojczyk, by land now or formerly of Roy A. Schelin, by land now or former- ly of Paul Lucas, by land now or formerly of Paul & Helen Lucas, by land now ot formerly of Leonard J. Llewellyn & Mar- jory E. Llewellyn, by Main Road (Rf 25). 8:05 p.m. Public hearing on the Draft Environmental Impact Statement with respect to the Hamlet at Cutchogue, located at the Town of Southold, County of Suffolk and the State of New York. Suffolk County Thx Map Number 1000-102-1-33.3. SEQR lead agency is the Southold Thwn Planning Board. Copies of the Environmental Impact Statement are on file at the office of the Planning Board, Town Hall, Main Road, Southold, and may be reviewed during regular business hours. 8:10 p.m. Final approval of the minor subdivision of James Cohill, located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County Thx Map Number 1000-107-1-2. The property is bordered on the north by Mill Road; on the east by Grand Avenue; on the south by Grand Avenue, by land now or formerly of Eugene O. Graf, by land now or formerly of Henry J. paulak, Jr., by land now or formerly of Smith G. Pearsall; on the west by land now or formerly of Elizabeth V. Fox. Any person desiring to be heard on the above matters should appear at the time and place specified. Dated: October 17, 1989 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORWWSKI, JR. CHAIRMAN IX, 10/19/89 (6) . . , COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman / once each week for. . . . . . . . . . . . . . . . . . . . . . . . . .. weeks v,' . I . h /,7 successive y, commencing on t e ........ . . . . . . . . . . . . . . ~~ Crsz-~~ f'; day 0 ..... >.. . . . . . . . . . . ., 19 . . . . . \ - _H' 8..... .~..........c. .......... . 9:2; Sworn to before me this. . . . . . . . . . . . /. . . . . . . day of tJc~ f(/ .. . . . . . . . . .. . . . . . . . . . .. ,19..... . .... ..... ......../J~.4.d.~~... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Slate of New York No. 4806846 Q,diiled in Suffolk COjty Commis~jon Expires Er 3., J c, l:.' \ / / ) r;=....-~ II n! 11 & .ryp':;-l ,i 11.1 r'~."-._~ -.l.Lt..1 ,~; H t:l ,:;,'. ': iLL tIN I 41989 I L_;... L-.1~~'::c",'i. ,,~ HERBERT R. MANDEL RICHARD ISRAEL Novemb~ 14, 1989 Benny OWIAJ6/U. Pla.nn.Ulg BoaJui, Town oft Southotd Town HaU. MahtRoad Southotd, N. Y. 11971 Re: PubUc. tte.aJUng oft 11/20/89 ftOIl AftftoJu:la.bte. HOuJ>ing PllOjeet. VeaIt MiL. O/tlolAJ6 /U.; ThU. ie.t;t~ i.6 :to keep you inftolUrled 0 ft OUll pllOgJr.e6.4 in llefteJtenCe :to :the untell contJutc:t ftOll HiBhpo.int 11. AU apllO- plLiate pl.an4 and .4pedf,i.ca;tion futve been .4ubmU::ted :to Gl(g.enpoM:. GlleenpoM: fuu deUvelled a contJutc:t wkicJt we futve llevi.6ed and .4 eltt back ftOIl :theilr. c:tppllOval. U i.6 OUll uMeJU.ta.ncUng .that GlleenpoM: /IIlA$.t COn.4uU ClIt:th :the Suftftolk Cou./tty HeaU Vepa.lLtmen.t beftolle :they can .4i.gn :the contJutc:t. In .4pea1U.ng IAlitk Bob VUh:t, oft :theSuftftolk Cou./tty Hea:Uh S~vic.e4, U i.6 OUll uMeJU.ta.ncU.ng .tfuu; GlleenpoM: c.uNten.tl.y fuu :the ab.i.Uty :to hook up 247 add.i::t(.onal WLi:.t6 :to theilr. .4y.4.tem. Vue:to :the lack oft time. beftoM. the a~ve c.aptioned he.aJUng, U wUt be impo.4U6le ftM Glleenp M: :to appllOve and au..tho.uz~ the .4i.gni.ng 06 :the eontJutc:t and I would Uke :to a4k :the boMd :to con:ti.nu.e in.:theiIr. eftftoM: :to . aHolldllhte. hou..4.(.ng :to Sou..thotd by aU.owin,g :the .4 eheduled he.aJUng :to Jtema.Ut on :the agenda ftOIl Novemb~ 20:th. The pla.nn.Ulg boaJui coutd leave the pubUe he.aM.ng open Oil eto.4e U 4ubjeet :to :the untell con.tltaet 06 :the VUh:tge oft GlleenpoM: and aU. i:tls condi.Uon.4. I woutd Uke :to :thank :the boaJui ftM :theilr. ongoing c:t44i.6.tanee .thllOugh :the leng:thy c:tppllOval pllOee4.4 and know we can depend on them :to help tl4 complete .thU. aftftoJu:la.bte. hot14.(.ng pllO jeet .40 .that we. can bJUng U .to the people oft Southotd. v OuJr.4 , 443 Main street. Greenport NY 11944 · (516) 477-2223 av- 7-89 TUE 1~,20 HaaPE ~ M~aRE ~ t~ _ 02 . ~.~'7~' - MOORE & MOORE Attol'lle)'t at Law Clall!e COIDIDODI Suae 3 Mala Road 1'.0. lox 23 Mattltuclr, Nell' 'fork 11952 Tell (516) 2~4 FIIXI (516) 298-... Wlllilll'4 O. Moore Patrlela C. Moore Marauet R~ki Secretary November 6, 1989 S(\uth"ld Town Planning Board Tnwn Hall Main Road Southold, NY 11971 BY HAND Re: DBMI Affordable Housing Subdivision Dear Chairman Orlowski and Members of the Board: Enclosed please find three prints of the final 1'lat as revised October 19, i9R9 O!'l which are shown the water main, valves. md fire hydrants. . We .re In receipt of the bond estimate prepnred by Sidney Bowne. We .hallprovide a letter of credit to satis~ tbe bond requirement. Item # 17 In the bond requirement Indicates that four street lights are Included io the bond estimate. As street lights 8r6 not part of this project, I would aalt that this item be deleted and the bond estimate be revised aecordinsl)'. H you hav~ any queMli)n., piease do not besitate to contact us. ..--.. .. ..:_.......,~:~."..,:...... .',..-"":'M'I....".;.".......,.'..'I......4,',c:""'-Wl;""'''_..'.'''"..~. _,,,,,., 'Vi..trut ~D "...... WDM/mr Ene. cc: DBM Co. ,) . TO: FRml: ADDRESS: DATE: /I J I J 8 q SUBJECT: ~~fp ~ 7NfD~ Sc::rM #=-it:x:O - 55 - ~ - /5. I ~T COMMENTS: .-'~ .. ,= ,.., /ft~ .f;' f; .,.. Signature . ~ Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 1989 william Moore P.O. Box 23 Suite 3 - Clause Commons Mattituck, NY 11952 RE: DBM Affordable Housing SCTM #1000-55-6-15.1 Dear Mr. Moore: The fOllowing action was taken by the Southo1d Town Planning Board on Monday, October 16, 1989. RESOLVED that the Southold Town Planning Board set Monday, November 20, 1989 at 7:30 p.m. for a public hearing on the final map. Please note that the water contract must be submitted to this office prior to the public hearing or the hearing will not be held. If you have any questions, please do not hesitate to contact this office. Very truly yours, e--rtf~ v CHAIRMAN jt . . SIDNEY B. BOWNE & SON '1f~C~ 45 Manor Road Smlthtown, N.Y. 11 787 (516).?~4~~1~~u -;,'1 [" "'.; I . Sidney B. Bowne, P.E.,l.S. (1922-1959) Chester C. Kelsey, P.E., loS. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. Blackman, P.E., L.S. Frank J. Antetomaso, P.E. Roland Anders Francis J. Lynch Phillip Schlotzhauer Joseph F. Stegman William T. Styne Richard e. Weber George A. Style, P.E. Jerry D. Almont, P.E. George L. Fagan, Jr" Ph. D., P.E. Frank Capobianco. C.E. Paul F. Stevens, P.E. Roger L. Cocchi, P.E. OCT I 6 1989 Thomas A. Pyochon, L.S. October 13, 1989 Bennett Orlowski, Jr., Chairman Town of Southold Pl ann ing Board 53095 Main Road Southold, N.Y. 11971 Re: DBM AFFORDABLE HOUSING - HIGHPOINT II AT SOUTHOLD S.C.T.M. 1000-55-6-15.1 (SBB NO. 87335) Dear Mr. Orlowski: We have completed our review of the final drainage plans for the above referenced project. Approval is recommended upon the inc 1 us ion of the two (2) following items. 1. Catch basins No.1 and 2 should have concrete inverts without sumps, since they will also function as manholes and be required to handle large amounts of storm water flow. 2. The recharge/drainage area should be fenced because of the 10 foot design depth of water. Also, as per your request, we have prepared the bond estimate. An itemized breakdown is attached. A summary of several items included with the bond estimate is also enclosed. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS ik::;~~ ~N W. KOHN JWK:clg cc: R. Jacobs R. Dean MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An EqU81 Opportunity Em~oyef MIfIH Bennett Orlowski, Jr., Ch~an Town of Southold ~" Pl ann ing Board October 13, 1989 RE: DBM AFFORDABLE HOUSING - HIGHPOINT II AT SOUTHOLD S.C.T.M. 1000-55-6-15.1 (SBB NO. 87335) Street Trees SUMMARY OF BOND ESTIMATE 4,300 l.f. o~ road/40' spacing x 2 (bothsides) = Street Lights . 5 215 trees d n . 1 ea. at Lisa Drive and Oriole Drive 1 ea. at Tuthill Drive and Oriole Drive (north) 1 ea. at Tuthill Drive and Oriole Drive (south) 1 ea. at Tuthill Drive and Mockin9bird La. TOTAL = 4 ea. Street Signs Stop signs Dead ends Street names - TOTAL = y B. B o w 6 each at all proposed intersections. 4 each at beginning and end of both dead ends. 5 each at all proposed intersections. 15 each n . & 5 o n .~ . , 4Ittober 12, 1989 SIDNEY B. BOWNE.& SON . BOND ESTIMATE FOR HIGHPOINT II AT SOUTHOLD ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 7 ac. Clearing & Grubbing $ 2,000.00 $ 14,000.00 2. 15,000 c.y. Excavation (Roads & Recharge Basin) 5.00 75,000.00 3. 18 ea. Catch Basins 2,000.00 36,000.00 4. 3 ea. Manho 1 es 2,500.00 7,500.00 5. 9 ea. Leach ing Poo 1 s 3,000.00 27,000.00 6. 260 1. f. 15" Drainage Pipe 20.00 5,200.00 7. 1,800 1. f. 18" Drainage Pipe 25.00 45,000.00 8. 560 1. f. 24" Drainage Pipe 30.00 16,800.00 9. 8,560 1.f. Concrete Curb 8.00 68,480.00 10. 11,500 s.y. Fine Grade 1.00 11,500.00 11. 2,700 tons Bituminous Pav'f-(Binder & Top) 55.00 148,500.00 12. 1,330 1. f. 6' Vinyl Clad C.L.F. w/curb 35.00 46,550.00 (Recharge Basin) 13. 1 ea. 10'x6' C.L.F. Gate 900.00 900.00 14. NEC. Recharge Basin Planting L.S. 12,000.00 (Trees, Shrubs & Seeding) 15. 12,000 s.y. Topsoil & Seed (Roadways) 1.00 12,000.00 16. 215 ea. Street Trees 150.00 32,250.00 17. 2 ea. Street Lights 1,000.00 2,000.00 18. 500 1. f. Direct Buried Electric Cable 2.00 1,000.00 -. ,..en ,- 19. 15 ea. Street Signs 150.00 2,250.00 20. 16 ea. Concrete Monuments 100.00 1,600.00 Sub- Total = $ 56:5,530.00 6~ Inspection Fee = 33,93L-~ TOTAL = $; 599 ,-461. 80 SBB NO. 87335 D/127 Sheet 1 of 1 c . t,UNTY OF SUFFOLK G . PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING (516) 360-5207 ARTHUR H. KUNZ DIRECTOR OF PLANNING October 5, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Plsnning Board Main Road Southold, New York 11971 Preliminary_____ Final X Plat Name: Porposed Map of Highpoint II at Southold Sections I, 2 & 3, Location: e/s Boisseau Drive at Lisa Drive 775.68' s/o Yennecott Drive, Southold, New York. Dear Mr. Orlowski: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #9 of the Suffolk County Planning Commission. The staff has checked the above referenced referral and find that it is incomplete and that the following items are required: Finalized SEQRA information Environmental Impact Statement (D.E.I.S.. and F.E.I.S.), together with a Notice of Completion. i ""~ 9>"OK" -to O""".l,<, 1-. ",A ' l'ee'l MeA (Of'/ 0.\ \)~'S ~ FtlS Very truly yours, Arthur H. Kunz Director of Planning r;t:.."l, (e) ,1,'1;;/ b __p-" ~.",,,, t~....J -'jl C""","4"'4 Y . Charles G. Lind, Chief Planner Subdivision Review Division File: 1333-D-89-149.1, 149.2 149.3 CGL:mb NOTE: Please consult Suffolk County Department of Planning Informational Bulletin No.9 for complete referral requirements. VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI.. NEW YORK t 1788 U' 18) 380-5182 . ) COUNTY OF SUFFOLK G PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE (516) 360-5207 ARTHUR H. KUN% DIRECTOR OF PLANNING DEPARTMENT OF PLANNING October 5, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Preliminary_____ Final X -- Plat Name: Porposed Map of Highpoint II at Southold Sections I, 2 & 3 Location: e/s Boisseau Drive at Lisa Drive 775.68' s/o Yennecott Drive, Southold, New York. Dear Mr. Orlowski: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #9 of the Suffolk County Planning Commission. The staff has checked the above referenced referral and find that it is incomplete and that the following items are required: Finalized SEQRA information Environmental Impact Statement (D.E.I.S. and F.E.I.S.), together with a Notice of Completion. Very truly yours, Arthur H. Kunz Director of Planning ""I;"iA ~ 1_'". I byUlt7Jt:.'A'J ~, lRUI Charles G. Lind, Chief Planner Subdivision Review Division File: 1333-D-89-149.1, 149.2 149.3 CGL:mb NOTE: Please consult Suffolk County Department of Planning Informational Bulletin No.9 for complete referral requirements. VETERA.NS MEMORIAL HIGHWAY HAUPPAUGE, L.l.. NEW YORK 1 1788 (e, 6) 3eo-!51 82 Town Hall, 53095 Main Road P,O, Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 . PLANNING BOARD OFFICE TOWN OF SOUTHOLD SE.?'T!mBER :2.7 ,198't Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - 'j)~1\'\ AFF'O~tlA~L.E" H~II.I~Hamlet/Locality "x~unlot..f) ("'~HPoI"'TJt.Co> So<1T"OLP S.C.D.P.W. Topo No.: Zoning JfFote.DIr-&E I'/OIlS"Vr;. DISTl?/cT S.C. Tax Map No.: 1000 - s-s b IS. J C1uster_ Major Sub. >< Minor Sub. Site Plan MATERIAL SUBMITTED: (..,) S:r:\lon J: ~-ItJ.')b ISq Fw4t. C!>)~c\-i"",:n:: $I,,-w. '1~/8~ I'relimil'lary l?lat (3 cqpir;Sj) ''I. Road Profiles (1) Lk~J 7hde,q ~)~n;c,,:m: ~ blOoI~ Drainage Plans (1) Y Topogroaphical Map (1) ~ 71..I6~ Site Plan (1) ___ Grading Plan (1) _ Other materials (specify and give number of copies) (\\ C"'?', ",C "''''"oNe,.., C;+,.,,.. ",f"'..- ~-\-".I. A\?,;\ :;lS, 1'1f,q , G ') Q.~\i of It!>O\\J+'o" r,', wo,-\u.. ="''''<L''<.., Waiver of Subdivision Requirements - See attached sheet CONTINUED . . REFERRAL CRITERIA: SEQRA STATUS: 1. The projec~ is an~n1iste~ (Type I) (Type II) Action. 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. ..~.. ".I.u,). 3. E.I.S. statement enclosed. (yes)~ 4. The proposed division haa received approval from the S.C. Dept. of Health. (Yes) (No)~ 1><<.\"",,'" COMMENTS: .....;l.. low" ~..."''' cMcluc!e.! 'Sf~KA -('OR \'o~ CI"".. or 20M. and. 'u".f ~.." ~ 0 n C F +. II ~ {. ....<j It\;., 'b. " . . n ~ ;" '" ; '" u:> ~ u:." ""'roMP \p l<>+.."", .! ""cl ~ ~~ ~'M''I\ ;-\.p \Ji\\o.jO o~ bt#C?I\.T'b au"'Tk........'.z.,flJd \)i\\Cl.~'~.f r'"t~c.,.,pa~ A-Ht)l"n~~ 4-t. d.'tQ.1.u Uf ton-m.ct ~""- "'o+..l'.. We request acknowledgement of receipt of this referral (Yes) (no) Referral received by Suffolk County and assigned File 19 Planning Commission No. BENNETT ORLOWSKI,JR. CHAIRMAN jt revised: 3/8/89 ,,! . ~ 0 VI ~ ,', .I n ! :j! '" ,,1 ; )!N - i?89 JUDITH T. TERRY TOWN CLERK REGISTRAR Of VITAL STATISTICS SOUTH(j!_iJ :,~",,"::-- PlP.NNiJ'!f~ :':0',::.) Town1i:iU;-S309S Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD State Environmental Quality Review FINDINGS STATEMENT Project Number: coz-289 Date: April 25. 1989 Pursuant to Article 8 (Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the Southold Town Board, as lead agency, hereby makes the following findings: Name of Applicant: D.B.M. Co. 443 Main Street Greenport, New York 11944 (516) 477-2223 Name of Action: Change of Zone application and major'subdivision for DBM Co. pursuant to Southold Town AI ffordable Hous ing 0 istrict Lead Agency:. Southold Town Board Southold Town HiillI Main Road Southold, New York 11971 (516) 765-1800 SEQRA Status: Unlisted Action Description of Action Proposed change of zone from "A-R" Agricultural-Residential to "AHD" Affordable Housing' District 'and 'subdivision of land pursuant to "AHD" Zoning Ordinance . Location: Boisseau Avenue and Tuthill Road, Southold, S uffol k County, . New York Agency .J urisdiction: Lead Agency has jurisdiction pursuant to Southold Town Code to grant application for change of zone classification Date of Final EIS Filded: April 13, 1989 Page 2 - D.B.M. Co. . , '" Facts and Conclusions in the EIS' Relied Upon to Support the Decision: During the review of the proposed change of zone several concerns were raised by the lead agency, its environmental consultant and members of the pUblic. Three areas of primary concern can be identified from the comments made during the review process: 1. The capacity of the existing road network to handle the traffic generated from the proposed project and existing traffic conditions was questioned. In' particular, the adequacy of the traffic study conducted during the winter to assess the summer time traffic conditions was challenged. However, the engineering consultants who performed the traffic study properly' factored into their extensive study, conversion factors available to them from the Suffolk County Department of Public Works Traffic Engineering Division to determine traffic impacts throughout the year. The Draft Els; and the Final EIS properly and adequately conclude that the existing road network is more than adequate to meet the existing 'summer time traffic demands as well as those demands created by the proposed action. 2. Protection of the ground water was raised as an area of concern. Specific mediation measures have been offered to protect the ground water supply. These measures include covenants and restrictions to be imposed upon lots within the proposed subdivision restricting the applicastion of inorganic fertilizers to the property to reduce nitrogen loading into the ground water. This measure should also protect . surface waters. R un off will be collected and returned to the ground water supply by way of catch basins and a drainage area, the design of which must be reviewed and approved by the Southold Town Planning Board during the'subdlvision plat approval process. 3. Protection of surface water. An intermittently wet area is located on a small part of the southeastern portion of the subject property. The project sponsor has offered covenants and restrictions or a scenic easement on those lots abutting this . "vernal area intermittent" to prohibit structures and any disturbance of the natural vegetation in the 75 foot buffer strip to protect this area. Storm water run off will be recharged to the ground water by catch basins and the drainage area set aside on the subject property. Run off will not be discharged into surface waters. CERTIFICATION OF FINDINGS TO APPROVE Having considered the Draft and Final EIS', and having considered the proceding written facts and conclusions relied upon to meet the requirements of 6NYCRR 617.9, this Statement of Find ings certifies that: 1. The requirements of 6NYCRR 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 ," Page 3 - D. B.M. Co. . . 3. Consistent with social. economic and other essential considerations. to the maximum extent practicable. adverse environmental effects revealed in the environ- mental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures which are identified as practicable. Southold Town Board Name of Agency ~~ Ignature of esponsible Judith T. Terry Name of Responsible Official Southold Town Clerk Title of Responsible Official April 25. 1989 Date Southold Town Hall. Main Road. Southold. New York 11971 Address of Agency A copy of this Findings Statement Sent to: Commissioner. Department of Environmental Conservation. Albany Department of Environmental Conservation. Stony Brook Suffolk County Department of Health Services Suffolk County Department of Planning D.B.M. Co. Southold Town Board Southold Town Building Department Southold Town Planning Board~ Town Clerk's Bulletin Board Southold Town Trustees Village of Greenport NYS Legislative Commission on Water Resource Needs of Long Island ... '- ~ ;", " VILLAGE OF GREENPORT 236 Third Street GREENPORT, NEW YORK 11944 ;i, ..,. :-,~Q ! RESOLUTION -...........-. At a meeting of the Village of Greenport Board cf Trustees held on September 21, 1989 at the Village Hall, 236 Third Street, Greenport, New York, the following resolution was offered by Trustee David Corwin and seconded by Stephen Clarke, Motion to authorize the Village Attorney to draw up contracts for the following projects: San Simeon - for Water and Sewer DBM Co., - for Water Bayview - extension of water main and future water. Motion carried ************************************************************ CERTIFICATION OF RESOLUTION I, Loma M. Catus, Village Clerk of the Village of Greenport of the State of New York, do hereby certify that I have compared the fore- going with the original resolution passed by such Board of Trustees at a legally convened meeting held on the 21st day of September, 1989 on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original. I further certify that the full Board of Trustees consist of (5) five members, and that (5) five of such members were present at such meeting and that five (5) of such members are in favor of the above motion. IN WITNESS WHEREOF, I HAVE HEREUNTO set my hand and the seal of the Village of Greenport on this 21st day ~f Se tember, 1989 ~.. ~ . I~ . 2-1::1.. .~z... ,n. t;z; orn' M. Catus, ~(a~Clerk ) SEAL I rn @ rn Di W ~ J~1 I~ L':',2::111J " L___~J'!?," '. " < B~ Co@ HERBERT R, MANDEL RICHARD ISRAEL Sep~b~ 26, 1989 SQuthQtd TQwn Ptanning 80altd SQuthotd TQwn Hall Mai.n Road SQuthotd, N.Y. 11971 Gen:ttemen; Enclo4ed ple.a4e 6.uut a. c.opy 1'16 the Jte4Q.t.ut.ion by the V.i.Ua.ge 1'16 GJr.t.enpoltt a.uthoJUz..i.ng the.ilr. aftDlIJ1.ey to pJr.t.palr.e wateJt c.olWutc.t6 6QIt the 37 a.cJte. a.660Jldrrt>te hoU6.ing pItOjec;t by 8Q,u4e.a.u. Ave. .in SQuthQtd. We would hope the plann.ing bQaltd, .in the.ilr. du.bLe to help 6a.J.t tIla.c.k OWl. a.pp.Uealion, would 4ee 6U to 4et V 8 M CQ. Qn .tIie.br. upcoming agenda. 1'16 Oc.tob~ 16 to 4et a. 6ina.t pubUc heaJLing nOll. the.ilr. NQvemb~ mee..Ung. IMa.et Rl/4p Encl.. 443 Main Street. Greenport NY 11944. (516) 477-2223 . r~ ,\ }i,'i VILLAGE OF GREENPORT 236 Third Street GREENPORT, NE.W YORK 11944 ~ l SEP 2. 1 Ire9 RESOLtJl'IOO .... At a meeting of the Village of Greenport Board cf Trustees held on September 21, 1989 at the Village Hall, 236 Third Street, Greenport, New York, the following resolution was offered by Trustee David Corwin and seconded by Stephen Clarke, Motion to authorize the Village Attorney to draw up contracts for the following projects: San Simeon - for Water and Sewer DBM Co., - for Water Bayview - extension of water main and future water. Motion carried ************************************************************ CERTIFICATIOO OF RESOLUTlOO I, Lorna M. Catus, Village Clerk of the Village of Greenport of the State of New York, do hereby certify that I have compared the fore- going with the original resolution passed by such Board of Trustees at a legally convened meeting held on the 21st day of September, 1989 on file as part of the minutes of such meeting, and that same is a true copy thereof and the whole of such original. I further certify that the full Board of Trustees consist of (5) five members, and that (5) five of such members were present at such meeting and that five (5) of such members are in favor of the above motion. IN WITNESS WHEREOF, I HAVE HEREUNTO set my hand and the seal of the Village of Greenport on this 21st day o Se ember, 19fil9 ./ ~_ a ~~~~ SEAL Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 . TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 1,-/ , 1989 Robert W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11787 Dear Mr. Brown The Southo1d Town Planning Board hereby refers the following application to your office for review. Application Name:I)Y)M A~r<b\,~ \\"'''''''''J'd (f{\c,.f> f'af'M.-:1I~ty>>1~+1I(.)~"thdf). Tax Map No.: 1Cb::>-5S-6-/5.\ Bowne File No.: B7~35 Hamlet Location: Sou~~IJ Type of Application: Sketch Subdivision Map (Dated / / 89) Preliminary Subdivision Map (Dated / / 89) Final Subdivision Map (Dated / / 89) Road Profiles (Dated / / 89) (~"I.e~y Grading and Drainage Plans (Dated 7 / 3\ / 89) Other (Dated / / 89) Sketch Site Plan (Dated / / 89) Preliminary Site Plan (Dated / / 89) Grading and Drainage Plans (Dated / / 89) Other (Dated / / 89) ) . Please develop an estimate of what it will cost to u dertake 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 review, it will send the work to be done. through the mail. Board wishes you to proceed with the a facsimile of a purchase order authorizing The actual purchase order will be sent If there are any questions, please contact Planning Staff. Very Truly Yours, ~~~~A, Chairman cc: John Cushman, Accounting Department COUNCILMEN Raymond W. Edwards Jean W. Cochran George L. Penny IV Ruth D. Oliva Ellen M. Larsen . TELEPHONE (516) 765-1891 COUNCI LMEN TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 (D)-r'" .:::~' 'J [,~, ;! W .r. ,"...'?,.!' 'j' . I U" L~~._'l~ " ~OUTHGUJ "::\)i~~i~~""."d PLAMWir~ ::';GAi;'!) ~"'-""""""""'~"'---",.. TO: Southold Town Planning Board FROM: DATE: Southold Town Affordable Housing Committee September 11, 1989 After discussion the Affordable Housing Committee offers the following: The Planning Board consider to accept money in lieu of a park and playground for the Affordable Housing Project of D.B.M. Boisseau Avenue, Southold. Reasons: 1. The Affordable Housing Law allows for the affordable housing zone near the hamlets to enable participants to more easily use hamlet services. We feel this project is in close proximity to the school playgrounds. 2. If a park and playground is required, we will lose two affordable houses, which are sorely needed. 3. In recent years the Planning Board has recommended money in lieu of a park and playground in most subdivisions. Why treat an affordable housing project differently? 4. The need for a park and playground was not discussed in the preliminary site plan which was approved. cc: Affordable Housing Committee C.TY OF SUFFOLK e PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ~---"..".::. .. 1";.", "l" "" ;' t \ n \ ~~,.~,~,~'L,.::;~,~. 'I u,il 'U~l ~ 241989 LSoITfI;OLiiTij1Fif~ PLANNING BObill2_m...J .. DEPARTMENT OF HEALTH SERVICES "OAVID HARRIS. M.D.. M.P.H. COMMISSIONER August 22, 1989 Mr. Richard Israel, Partner DBM Company 443 Main Street Greenport, N. Y. 11944 Subject: Board of Review Hearing - August 10, 1989, Proposed Subdivision of DBM Co. Affordable Housing 188-917, Town of Southold (SCTH 1000-55-6-15.1) Dear Mr. Israel: At the hearing on August 10, 1989, you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the prov1s1ons of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows, based on the following information: Statement of Problem Application does not conform to standards of the department (Article 6, Section 605, Paragraph 1.e and 3.a and 606, paragraph 1.a, 1.b and 1.d. of the Suffolk County Sanitary Code.) Findings and Facts 1. Proposed development of a 37.76 acre parcel into 56 lots ranging in size from 20,000 sq. ft. to 39,000 sq. ft. 2. Site is in Groundwater Management Zone IV (40,000 sq. ft. with private wells.) 3. Area is zoned AHD. 4. Public water is not available. 5. Depth to groundwater is about 18 to 20 ft. 6. Soils are good sand at 4 ft. 7. Twenty-eight of the units are to be for affordable 225 RA8RO DRIVE EASThousing subject to price restrictions of the Town of HAUPPAUGC. N.Y. 1178~thold UII eJ 34a.ZtK)O . . . Mr. Richard Israel, Partner Page 2 August 22, 1989 Subject: Proposed Subdivision of DBM Co. Affordable HOusing 188-917, Town of Southold (SCTH 1000-55-6-15.1) 8. Average lot size is 24,000 sq. ft. 9. Proposal is 60% of department standards. .. 10. Test Well 1 well results: To Into Hate:.:: Hater 18 ft. 48 ft. Total De-pt:1l 66 ft. Nitrates 13.7 mg/1 Chlorides 28 mg/1 Termik 13 ppb #l #l (deepened) 18 " 69 " 87 " 10.6 " 26 " 9 " 12 20 " 46 " 66 " 14.1 " 26 " 13 Ppb&VOC's 12 (deepened) 20 " 67 " 87 " 9.7 " 32 36 " 13 " 21 " 27 " 47 " 9.7 " 11. Water quality in test wells is not satisfactory, therefore, public water is required. 12. Public water supplier in area is Greenport Village, however, the system is not adequate to accept new customers. 13. Applicant seeks to utilize temporary wells for the 56 lots, however, he is unable to state when public water will be available for connection to the homes utilizing the "temporary wells". 14. Southold Town supports the development since 28 of the lots are to be made available to qualified applicants for about $28,000. Determination The Board denied the request for the variance sought to be able to utilize temporary wells until such time as the public water service becomes available. Groundwater quality in the area is contaminated and would require treatment for each home which is unacceptable to the department. The proposed density eXceeds department standards for subdivisions utilizing private wells. Since there is no way of knowing when the Greenport Village system will be upgraded and be able to connect new customers, the department cannot be given any assurances of the time span for the "temporary wells". , .' . . . Mr. Richard Israel, Partner Page 3 August 22, 1989 Subject: Proposed Subdivision of DBM Co. Affordable Housing #88- 917, Town of Southold (SCTH 1000-55-6-15.1) While the Board is sympathetic to the concept of affordable housing, it has determined that an acceptable public water supply is essential for this project to be approved. ~ D~SV~ Robert A. Villa, P.E. Chairman, Board of Review RAV: lr cc: Walter G. Lindley Susan Windesheim Charles G. Lind Mr. William D. Moore, Esq. - Moore, & Moore, P.O. Box 23, Mattituck 11952 Town of Southold Planning Board . . WILLIAM D. MOORE;: PATRICIA C. MOORE KARI!N SlCZOTKA, SECRETARY .._.."~-'._-">-""W_~~"_~,.... .H......~...~A...._._, MOORE Be MOORE 't ATTORNEYS AT LAW SUITE 3 CLAUSE COMMONS MAIN ROAD P.O. Box 23 MATTfTUCK. NEW YORK t 1952 (516) 298-5674 FACSIMILE (516) 298-5664 ?UG B 1989 August 17, 1989 Southold Town Southold Town Main Road Southold, New Planning Board Hall York 11971 Re: DBM Co. Affordable Housing subdivision Dear Mr. Orlowski and Members of the Board: Enclosed please find four (4) copies of each Sections I, II and III and final drainage plans of the DBM Co. Affordable Housing subdivision named Highpoint II. If you have any questions, please do not hesitate to contact me. v~~~ William D. Moore WDM\kts t'OUNTY OF SUFFOLK' . COpy PATRICK G. HA~PIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D.. M.P.H. COMMISSIONER ili Q ,,/. :... 0 I:J:'jj July 26, 1989 Mr. Richard Israel, Partner DBM, Company 443 Main Street Greenport, New York 11944 RE: Proposed Subdivision of DBM Co. Affordable Housing #88-917, (T) Southold (SCTM 1000-55-6-15.1) Dear Mr. Israel: 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 August 10, 1989, at 2:00 p.m., in the Suffolk County Department of Health Services, Conference Room, County Center, Room N-204, Riverhead. You and interested parties are requested to appear, with ot without counsel, and you may produce any information or evidence concerning the above referenced property. Very truly yours, Robert A~ Villa, P.E. Chairman' Board of Rev'iew RAV:cah cc: Mr. Joseph H. Baier, P.E. Mr. James L. Corbin Mr. Walter G. Lindley Ms. Susan Windesheim M,'. Chari QS G. I,ind MI:. William D. Moore, Esq. Town of Southold Planning Board COUNTY CENTER RIVERHEAO. N.Y. 1 190 1 ~""""""""~,,,,,,"~'T"";"'C"'''''',''- .,.~~."...~.~.,.,- .', . July 7, 1989 Dea1- f~1rM. Ol-lowsk i, ~1embe\-s of' the F'lanni I1g Boc:u-c:! ~ As you knc'~"J, we have been f:C1J"loHinq clo~:;t~ly t;he propclsed- DBM <"1ffo\-dable 116LlSll'19Pl,~oject lo~~:\ted' off Boissea:.l A\/e dubbed llHighpoint II U by, its ownar.':5. We "er'e"sLl,'p,-ised ,to r'ead the ar'tie~,e "'(hiel} appear'ed in th., Jl.ily bb i"sue of' Suffolk Times, page A-,28 , in "hich the owne)--::5 :~;tated they will commerlce s.e'lli"ng lots as of ,July" 10t'!'C. Ae ,immediately visited the planning boar'd at which t:ime: \"'(1 ~'\le\":e assLu-edt.;,hat _,the OV4pe''':s h-E-\d not l-ecf.!'ived fin,,) il\llprova,l. WE' feel the Developer's dis,-ega,-d fOI- pl-op~r'Pr"clc:edur.("~ by settin.9theil- Ciwf) schedule. is i,\'1toler"ble. VJe ant',icipate'CI,'puQJi.c; ',-ebu,ttal fr'Cim the Plan"i':.,! Board in ,th.~ same publ ications in which MI", Mande])1'.nd Mr', Isreal. place thei,r a,-ticle. As Y~J ,;u-e a1,...,are~ we met with Melissa- Spij".o ~,t the TO~"'\i''''Hall 'C""1 .June3Qtt} to aqain voi'.c::e our" c:or1CE.!rns:. ~~e we....e d i ~'~p,P~,ntecJ w i th,th~~:ugges,t.~.~1'S o"f (~i ther;. a:n E~a.se:f'len~' arOl.\'d thE.\proper -by bteh ij,:d housesa:urrME~n_tl y l")OF:pel- ip9 th.e '\.,,)'~opel-ty on Yenf1t~Ccltt DrM ive a~nd'Bcl issE:au A,','E',i"lLle., le,,- ina,c:.E\;~ble M1C:1 unusable g..-eenage <.11""''','',::-;'; ACcopdlng to J1e;'\!pinl, no geeen spaee is leg<.l11'1 \'~ces'3al~Y in .,an'.,,~. ;or~dable".housinq distrMict~. how_ever" i't; iriL~'s't,:be ,1-e(n~bel...~d.~tb~11v ha_lf-'thelots ~}-e beinq ~501d <,t ;<affOl"dable"~ric . We' "till beli..~ve that"ny :'md all. futyr;,,, deve.lopme~t,s M, ,',T indude ',s"o,ne open space if they can ever be cons~ered '\1 the best interests of the SOLt'thold CDmmt"H1~t~ 'We -. -e ~,wa\-e~'thel-e is an alte}-rl.r.3.tive loc::phole in- lrvhich h~,:d~v~Op~l-"mLJst.; giv.e"monetal-y :< nmumel-ati<:on ,';0 th Torh in lieu of g'-e,enspace.Wf.~ .fE~~l: that 1S total~yunc c~ptable as it does not meet ~he n~eds ot' the I-esidents , \ " W,ectwait YOLU-' ..ittel1 j-espt;1nse to the i'S"5sues l-ai~d::.:;.d at the June I!lE,et Eng"\ Thank yt'u. \ \ \ \. \ \ \ .. F<E\Sp(~ct1~.ul1 y ~JJ. r <> .tSl )If)Ur~:; , \<.^ - ~'..-,l;<.;h,_ ,~-,-:'-L'_""':'~. _~, \". I, . ..l....~~.~..._-........,LA=_ . .. . . ",.__.,:';;i~"~...L":",,,,,._.', .~ "" '.~ ,z: '~ \ ,_:J.;~..,"","~~ " .... . ROBERT H. BERNTSSON ASSISTANT TOWN A lTORNEY . JAMES A. SCHONDEBARE TOWN A ITORNEY Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD July 6, 1989 .m. rD ~ 0 \Y! [~ml I ! n f' J 'II &1 i JUL - 6 1989 ' ;J I LnJ Herbert R. Mandel Richard Israel 443 Main Street Greenport, NY 11944 Dear Sirs: With regard to a recent news paper publication wherein it is claimed that lots will be for sale on the proposed subdivision "Highpoint 11", there appears to be some confusion. As you are aware you do not have final approval from the Planning Board nor approval from the Suffolk County Department of Health, and yet according to the paper you are offering parcels for sale. It is the position of the Town that no parcel be sold until there is final approval from the Planning Board. Also, I refer your attention to Section 1116 of the Public Health Law which states as follows: 1. No subdivision or portion thereof shall be sold, offered for sale, leased or rented by any corporation, company or person, and no permanent building shall be erected thereon, until a plan or map of such subdivision shall be filed with and approved by the department or city, county or part-county department of health having jurisdiction and such plan or map thereafter filed in the office of the clerk of the county in which such subdivision is located. .. . . . 1 . page 2 July 6, 1989 Herbert Mandel This office, the Supervisor, the Planning Board and the Community Development officer have all received phone calls based on this recent news article and I believe clarification is in order. JAS:mls cc: Community Development Town Board Planning Board Building Department Zoning Board Trustees ., J . Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 ..... PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 12, 1989 Paul Kreiling, President Yennecott Park Property Owners Association 630 Yennecott Drive Southold, NY 11971 RE: DBM Co. SCTM #1000-55-6-15~1 Dear Mr. Kreiling: Thank you for your letter of May 30, 1989 expressing your concerns regarding the above mentioned affordable housing subdivision. In order for the Planning Board to get all of the comments of your group, please call Melissa Spiro at 765-1938 to set up an appointment with her to discuss your groups comments and suggestions. g tru.. ~y YlZou~rs /IV'. -.. - ~/ // /.( ~tt/~ ;p( ~'*"'.. BENNETT ORLOWSKI,JR. CHAIRMAN RK/jt ,. ~~.._~ ~r!'- ~~.;:..("7~" . ~J' . MAY 3 li989 ;l:~Jl ; L .~ i so ;;i',:i)C{;~)NN ".' '.! 1 P' .,.,..,;',\;!" '.C"DO'...."'" ' 'I" .~ , . Lf'\>I;,.;.t..\lnJ~ .. ~...:~- . ,"" ,; .' "'..,,' . .1. .' , ,i:j.. , 1,,1';; J3Gl.10"\iolss~u Ave.' "Sbuth&'1'1i,,,,flY 11971 M~y.' ~9, "1:989 . , Southcld Tbwn Planning Board Town Hall Southold, NY'U971 -,if h' '" Gentlemen: One need not be exp~rienced in readi~(lQlll!i!~nHy-subdivision plans to see that the plat of the DBM pro:P-6rtyat1ja.~H~l1t to lIoisseau Ave. in Soutl'1old Village alil presented, and milling, for 55. hou$e lots, insults the intelligenpe and good judgment ofa Planning board a~ked to consi~er it. The configuration of the lots, . looking like' a:ch,j.ld-qonstruated jig-saw puzzle, is a travel!ty to the: digni tYa.rj.(1aesth&~icsof human COllimunity living.. Ther,e is no open space p~oviCl&d, .The road plan fails to consider safe !illd speed,y aDc~s art(t~it~or. emergency vehicles~,and by creating cul..de*sac;:s ignoJ;'6:S.the'aspect of future de"{elopmeilt to the south., Sensitivi'ty to topographical features of natural r~~~off and the historical evidence of alay seams.to the.eut is lacking. All oftheabove:features em receive attention inth.e alternative plat.. for 16, 2 acre house lots thatJhas been Sl,lJ:!lIrttted for the same property. ,!,O omit them from theaffordablehou~ing sub- division site plan is discriminatory planning. Clusterplanning wIth open space required can be part of every subdivision.. A look at the si ta plan of Yennet:ott Park which is adjaoent to the DBM property revE:lals thatt a plannine; board of tW'entyyears ago was able to require an aesthetic,s~nsitive plan for'l!l9i!'est size lots and homes. Has the greed oft~developers taken captive the intelligence and co~rage of our oemmnnity planning board? Ybu inSUlt our community buildlilrs'ofthe past^and the people whom you represent and you discriminate against young families who waht to live here .by giV'ing oonsideration to a site plan as flawed as tJiis one. Yours truly, G _ .... , ~A_cF -,~ Lorna E. Tuthill I ~ h,"!, "..' '. .~. /.L...~. . ..'.ihJ..._,. _~'_..".. -~"'-'-'..'''-'':~-",-,-_.. 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We ~nllOT believe you WDI.J10 2il0W L\j~ (:orl~lgIJI"d" (IriS 0' ,,:;\. j'" ~:.' : >..). i' ,. f::\ 1""1 t 1 "~/ P r' co P () ~:::. (:::' d " ,GF!(.':.~ r '-~:~,,':\r IJI'up(~:~r..t, "Ie'.:::. C' t..'. t 'fe" F;':.-:"f:'t..;; i t'-iE~ ina.D 1 ,::;C' !.: :::; 1:1.1.... j i c! ':~:.{;';i.~,,; 1::.i L'.~' ''''''''''.i ..,.... 'j-, T '::.-:"!,^J~,::.:.'f' ,:':...nu bc:::"t.:'!:;cr" dE"~:; :"ttj)'"I':' L, :' \/ \'::.~ n .:'::'" n t.: ~::; ci i'"','ci i"! ::,./ ::::"! ....c. show 2 fnirlinlum 121):) sqlJare foot i""'eqIJli""'efnerlt 'for i:: ." !.J c: '!" I), r ;,0:.; ,::: ',....1 i '1 :!, c h l,^! 0 L'. 1 d 5 '::.~ \/ E:~ I'" J. \.' :\. i HI it.: "\ C i.J ':::J 1;-:- j:}.!. .:':':i. C 1:':-\ in (,,' n t' I ,\C,il:I'::,' b;:~j_'~;c'd l::on CLl]"'r"E''("I'!,:: "tc;!/;!'(I C:(::;dE!~ Couli) t~lis IJI) 01" 11\'::;.,\;:-:'_1"'1 f ]. u () ci c,'j \/ ;~1. -!- i .::;i. r"'!( : i::'~: r (:~~C:j 1...i.F:~'::; t; '~:i ? 1,-1,( I.::: \-'0 Ll ,::i_I/'I':':':'.1 t:().::., '1':i"',,.o'., ~::> 'r; \' n C' D i . c! D '::..:~ (' -!:: '.,. i""1 ,:,\':::; t_: I~.J () 1::.' t::\ i : k \i -:::\ r" ci ~::;. U C yn ci (-::" i'" :i. n >:;,1 t h C' :1. ,:','"cntV'E","::I Uh \/:i 0 '.J ~~, 1 'J t h 0:' c! E:'~ ../ t::': 1. I) iJ ,~." l' n()\:: ":,.:.\ k :::; n "_:: 0 C C' i' ':;;, :; i""! i:~'" . .':,\. 'i,': I () f'i ~ ..t CPI-t3irl1y seeins Tr'ISl ::, ',:: in) ;" 'C'()C,i i"l i- :, "" ''"-. \ . C' -,/ ,":,';T\ ~.~ (': '!,-; " {\ n c> t h (.::,\ r-- in -co;;. :) () 'f" : D '("1 I : (-'!:o\ r' rl :i. :;:; +: h ;:.:,~ ~J C) t (;-~ Yi t :i. ,':;\ ]. 'j:.: j'" l::'.-r'r- 1 (" pl"'(::O.!.E!nn We 2~e .~e1'''v conc~81'ned about ttl8 de~elo[)~lerlt c.r ':':;1;',' r' C '. . \"\e! I 'I'jl.;.r P '"-C!pE:::.lj''' t i f:;';;:i ,::.\,~:; p I""',~;.,\,' i 0 L\':;:; 1 y ~_. '1.:.:,,::\. 'l:; >::.:...'d iT\.~"l. 1":1\/ t:]. i'n, .,.... ,.',,;:.:, ; <:::,'" '...ll":c';::';'I...-:::;.t;i::'.i'"';d thF::I'fE' :', .:;:; L\ pr-('!pi):;:;i":\..I. \"01" .:'::i. Ii::::,::) !..i.il};:: , j ;'ILlDmll".1 i.J.m n',',.::, J E:~C: '1.:: ,:;\.C1'(: t~\e st"eet r'rOIT l:np DPM ~~ t~le I:01"1"ler" O'C 8oi~ise~u i~\ \/ f~' " ;--1'-- C) ,:j(::::ct j-'-iE'. \.. f:.:',\ \/() !...', I:;,: \/"E~r'" ; ..'-:' +. J.nd !'''!,'::i,in h",.:':).G tC'y'inq 1'"n ..r'"'):::;~::; to F()l...tnd,?::~'...... ciu.r'"1.\,,)I.J t;j.(:.,.' ~~.J.c::\.r-'In 'fie' r--! th '::3 (t".!(:::" c:i I) Y'; , ()i""i:::;, i C! E' I'"' ~".j.::~\ r'fii iHe, n .~~ h ~::; .:j !)'~:j t Ji.J.l ';/ ,',:\; l(] '."i, ~:;t -' J/-'.! (i .:~ t.: .:,\ t:.l D Lt t L., (:1 n C,i F' end E ':::~ t. D. t c:\ ;:;; ,!;,: h d t n .:::;_ ~~; D j'" J \ i .:'c.\ "::3E~ ~. [.,,'n ;:.;'1 .:~\UC);...i.t thE.' i"; i t tj"11'O tr) av[)id dO~0ntown 0 ].\, >:e,I...i.'GE' ":+Li? .!.':~, ,~I !\il)VI:'~inb(;;'r ...., 2('f'fic ,,_t;:.Jc!v "".;, ;::\ T.:C" ?f'; wittl ~Mjustme~lts? {\nclt.:h>:::::r ,'-':D1'l;::i::'?'\i"'I'''1 :,.~:, C:il....:;.,in;)(jl:::'. Fli"'.... . .'"" .-'- F: j'" t: l:::' ;.; c: .",. c:: I . .::':1. i n.3 q (~:: :'1. '("I t C:. thE' \'F!j'"!";(0."__ ,., T!"',::" pr'DpOS;iE:C! -::3;,,\inp i'I),(,' thi~~; '.:.:.!.'..)~~C,.' !.;u t:,."...:, iti.'cnI11 POE~.d '?:~1'lt.:r'E:tnc:(.::~. t: h I:':~ '! . E~ P {n D \,/ :1. .:~:- ., 0 "j '::" +: ... C:'Y':ci -.,-_' '-:"'~ ':"ii. 1 n DI'C)JC'C:t: l~::; I-;')-J',: ./I.:,::'(! Linl-:::: D:!.C,:,i CiJ...I.i0:";:5'r;io'(j is:; hlhf..-.".':!r"r,:~ i/>Ji 11 t.:j'il::::' \J"I-i:':\tE'r" C:C+ii':('.:" i"'''',''',; ,:.'-( n d i () i._''i ~'"-.;}..l.l. ;~; f~' ~...j I:::: 1 . .:';;'\ 1;,:,1 f-e! i:':tt"r- i:':: c:: 1.:: .j; h ;:',:;' 1. ;;':\ 'rld .-~. .. E~. ""': ], (:I t :;:; h I.:::'~ .... ::! .I. ':::1 V.-' :t t i'"'1 D U. t \J;!-~':'" t E~ j"" There does flOt apoeal- to tIe a seDal'"'at~ well system wt'lic~1 (::oulci be deeded tC) the Greerlport Wats,' Authc)(itv ~c was dO(18 ov C;:jstello. J 'i. :I. ':;:; ,:':\ l'~:;I) ; i..;, r ll1derstar'ldifl0 t~l~t Pl'''ivate wells 1"'equij""'8 two acreSn Irl SlAmmal y~ we Yee.L the l'ON11 Plaflning Board inust ...:.,,.-i...:: 1 c; t :()p'f i 'JLI.~"'I:":'\ t; ion" 'l;.: i" E!.'j"" i' ]. c: ',:S i tU.E::. t i (: ''"; ,]:"'1:.:':';:::. (:.' :\ ::;> ~ ._ -'./'::",]. ], ,,:':i.i:}:L 1 :j. . ." \;\/ ()'j' i/,j,3'l.:;C'l'" 2na dcairlage befor' 1~nlS We wOJ..l1d like .. 1"-.:p\::>0 I:.:JC:'."." onE' -,,,; T_: F\ p f Ll 1'" t: h i::~: \'" \..\ ~"! 1m., " ", CI .::'~. ci c:: jU' f.'.:: ~::' :::; ]. r 1 (J t: h i;:~: ~::i t::: C D )"'1 C: (~r'" n ':::; "' ~lfne allC) COllsic:ieration. We arlx:"tous l"h-:Jnk'''-';/D;..t t (', I'" V'C'U.(' .:':,\~',!e. i',.; \/'()U\" r (.:.?r:-. .i. ..fLtl:t '-.,l \/()t...;:; ,. \D) m @ m u W \t~~ l\ill .30- ,L..' i ...-l SQUTHOLD i11V'il \ PL~,N.~,~tJ.9=!?~t:2:l~"<~".~., P o.....J} l<. .A 0....4-- ~ ~4{~ ..~ F' 4/;". ,...?_-'~"". ":'ry.:..,;~-" ..., ) .,....~.'~"'r?i:'."..-.,..-',., ",,0.. .,- ~- ~ "'-'~:' ';"'''':~~-:~'P~'''.. :'"~;_-~ "..~'"=-7"'""," ,...,...."""". .~, ''I'" , ~-rC,",~~..ri''':'''",~''''''';~ open "lce .. lfIIIIealthg lIfId uneetthetlc. ~ 00 We ....tt1.tthe S..-.... Tlw'" PI~ BoonI "'Ject the ......ent .... ...... We proPOle tlltlt thefetel."ullmlt Ulon thot: -lee. ""Me",,, open IPeC8ittlt" pl/1o,. PtcInRlRg Beerd fellel.' gretnllelt eORneetltlg ... .1Ibd....... wttlllllthe ...."e IIeIImlteflve. -redUces..... ...ltelM'len density -relllfnt the .t~.. 80 thltlett ere "''''''11'' 'he_ end tOnneet to fut.....~ Ild...... ......'lOnt -ptovIfe.for. draIIlttge 'ystem tlt8t tlet Into the reel drainage of the 'HtOOIl Iend.tope lIIe YeRRltotthrk ..,....ty8llllle'1IQ111:,..../I ...... t. ..e ....1 "e"o,.,.." hOUtlng for~.f""'st ""'/1' In Soutlltl.. T....IlIP. Ihwent enIIgh"'" delleloperstt'" UIIIb III our Town.hlp .....1tIIIeII'1IlId OIIr R....,.I1l~ ,. dlll"op tlllt.,..". ........... HOWIllIr we fee, thet our tlwn.. feteroe. greentNUI/ld ...tlO.... nelgllblll"lloOd. the' _"bI. a ellllr8ble _e 1III/IIIm to IllIe. We ere looting ftrwlf"cl '0 our TawRtIllp Planning Boai'd'. re.ltDnte. Slnte..... pun. p~ \(..L~..,.. t4~ PaullCraeltJlng. pr,'ldent , far th~ flffle.... Ind Dlreetors of the Yenn.colt PItt ProP.rty OWners Ilt'DCletlon: SIeft1ellIulld.ellu"'..... PIe.'eh. ursli'elutHltellUII. LIRf FUler-PentAe, Mary Hewitt. 6eorgeK..,:.., HarrIe' Cestra "'..",';_..Mo'~'____"_"";"__"__'_"'.'_"'".U<.l.'.,~_ est. li8' ~p ARK==€> Properiy Owner-sAssoc.ioton ue<l. )(H,li'wld fOUlloship Pldnning Board Member: . f':"~~"--T__ i!ri)/JClftrfilf. r.,-.:\ I r! l'/f. !JUL MAY 3~. /1 SOUTHOW TO~ PLANNING ROAno _.~__,o,.. ille l'ennecoH Pilfl< PtOpetl1l Owners Ruo{iotion, due to its direct prolllmitll to tile pr:,puie~ m:-\.; f,ffG;-'rtot:-e Ho:..;sinq Subdits.ion js concerned about thii potenti6i P"oJoc' !I ~tlouI111e naled tMt our Ils~o{iaticn!~ in full ~uppcrt of the del1elopmen of genullleiy affordable hOlismg in Southold TownshiP. in Soulllold hamiel, ilnd in the ,"~l::l!j.1(lns surr:nmtling our homes in 'lennecott Part. We Ilelielle del'elollers ""'WI' il ngl1t to 6 pfofH 11Ie !l!~0 l:ll'lil'lle !hOt euentiall':l all land bounded b':l tile ..oay i'iidOa ildli fioiJO tiil ille\outii. '1efil1ecott Park Oil Lle flOrin. laurei five. an the 'cst i"~r Dr:<:'il'o!J fl:'e. ~~ HI!' lllest llJ;lllle sullllllllded and built vpon el1enluelly Our IOiiO'!iinfJ rommenH 11Irerted to the SouthOld Township Flanning Ooord should be take:) in th.} CO;i~eht L.::.mmenti' , , ',,~ DIl."IH o!wsai prollicies for no open spate within mesubdil!ision. We don't :1'Y' !re:s !} te:ome Leu!t!o!ll!l. lr reslderlt'i or new ~ubdll'i'ilons In SoutholC Ilesewe !lIt' open ~!la(e horn clustenng. don t people of modest means within thi~ ;I.JC;"isior;? An actehillie greenbelt sllouia interconnect an major sUbd,llis,ons !l';''l'~ the e"el'l de~lgn!lted abolle. Since olt these l!ar~els ere not subdldWlltell yet, 'IOIl.! ,s tne time ior tne Planning Ooard to . plan' for this greenbelt. We sugge~t Ihat :! 'nclude t:'le 'oller, spa(e' already auailable in "'ermeto~~ ParI: and the Ilatural pond eN) oj"ainilge afee in Ihe parcel directl':l t':l tile ~()ut" 2. In an effort to cram eueflllast po~slble lot Into till, proposed ~ubdil!ision. the ileueioper ria; <reeted a nightmare of a jigsaw puzzle. MOllY lots r.al!e irregUlar s!H!peS, !lonl!~n wit!! mult'ple neighbors on a ~11e. lllmen~l()n~ Ill!:!t will resu!! in numerous GUiiUiOg reslncnons due to setback regulations. and even ellcessillely long jr'L1eWll", :' UiolliG oppear profit again super,!!'::es reaSOli, ). HIl' .ubGiuison Will depend on Greel1110rt water. Presently tllere is a prohibition Jga'ns' :1!!::,' "DJKUpS ~cr S7JM'llls~or;s, "hiS Is a (rilicol floUJ In Ihe plan, To get wells dnlleo 000 t 1J0u neeo it ,> acre iOt! ~. n",? lje~~!~'j ')f ~N~ ,roJe:ct U!Ut brIng 6 terrtfl~ trafftt: burtJen to Boisseau Aoe. cOllple Inis WI,ti tile newly ofoposed (0000 del!eloll on the west siae of Boisseau oM you ~ill'e a traffic nig!ltmore, We behel!e lnal tnI' present B9M "Ie pian for tne proposed subdll!lsion lIeeds II mojO OJertldlii. The Gel,eiollers pion to sluff as mdny units onto tile land as is pOiSible s!'!lu!d be 'JI';l[~~?'1!l'~ +0 the PI<I(1n'!'9 Bcan:!. SubdiLIidlng without le8lllng signmcant COUNCILMEN Raymond W. Edwards Jean W. Cochran George L. Penny IV Ruth D. Oliva Ellen M. Larsen [D) ~ @ ~ W 8,G1l.! il UO r;-;-7 _ Ii' ~--_..__., SOUTHOLD WWN PLANNING Bf!~YD.. TELEPHONE (516) 765-1891 COUNCILMEN TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1 179 Southold, New York 1 197 I May 17, 1989 Mr. Bennett Orlowski. Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Preliminary Subdivision for D.B.M. Affordable Housing Dear Mr. Orlowski: The Southold Town Board Highway Committee agrees with the concept of the twenty-four foot paved road area providing there are two parking areas, excluding the garage or carport, in each lot to provide off-street parking. This was agreed at the May 10th meeting of the Planning Board and Highway Committee. Sincerely, ~ tJ. &c~ Jean W. Cochran Councilwoman JWC: rbw cc: Raymond Jacobs Town Hall. 53095 Main Road P.O. Box 1179 Soulhold. New York 11971 "' .J,=~ ~"-"'''''' ,'..\ -'''j. . .' .,..\..\\'..J/(,...."'~ ' '" ~ ~~). 'r .,'.). . //" .'" (':..." '., d,;;" c,,~_ ,'J."., ...... '.~ '1 ~ .' f,j" -:. ~ '~' .~, ~- .\:n e . ",,"'.,1, ", '~, ~. '."'~~ lJ "t'~.?!t, 'I;)'! '~ " '11/,. ',C',Ji .~?;~<_: -;.1.' ;,:j/ >.:;:;?:~....-,- . TELEPHONE (S16) 765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 16, 1989 William Moore Suite 3 Clause Commons P.O. Box 23 Mattituck, NY 11952 RE: DBM - Affordable Housing SCTM #1000-55-6-15.1. Dear Mr. Moore: ' The following actions were taken by the Southold Town Planning Board on Monday, May 15, 1989. RESOLVED that the Southold Town Planning Board close the public hearing from May 1, 1989. RESOLVED that the Southold Town Planning Board approve the' preliminary maps dated April 12, 1989 with the Road and Drainage plans dated September 12, 1988 and February 3, 1989. Please note that as decided at the Highway Committee meeting, the road width is to be twenty four (24) feet wide. Two off street parking spaces, not to include those spaces designated as garage or car-port areas, must be provided on each lot for off-street parking. Final maps must be submitted within six (6) months after preliminary approval, unless an extension of time is granted by the Planning Board. Please note that the final maps must be in compliance with the Sidney B. Bowne report dated March 28, 1989. The final submission must include two (2) mylars and four (4) paper prints, all with a valid Health Department approval. RAYMOND L. JACOBS Superintendent ,) Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 May 15, 1989 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Preliminary Subdivision for OBM Oear Mr. Orlowski: I concur with the twenty-four foot paved area providing there is two parking areas' in each lot for off-street parking as discussed at the May 10th meeting. R""jJi;' Y , RaymOn~ Jacobs commis~~~er of Public Works rn@rnoll'1rn .'5. W 1 d, ",[' ..,,--' SOUTHOCE0~~!-,;~ P].i~jtl::;~,~~(\~0~i].. .,0 (516) 765-3140 (516) 734-5211 FAX (516) 765-1750 . . 1215 Tuthill Road Southold, N.Y. 11971 May 4, 1989 Southold Town Planning Board Town Hall Southold, N.Y. 11971 rn rnoornowrn 00 MAr-A. SOUTHOLD TOWN PLANNING BOARD Dear Members of the Board: This letter is in regards to DBM Company's Affordable Housing Proposal for tthe land between Boisseau Avenue and Yennecott Drive. Tgis land is adjoin- ing our land and home. We would appreciate the board taking some time to confront our concerns about this project. Our first concern is that we would like some assurance from the Planning Board and Town Board that adjoining land parcels will not be zoned for the AHD districts in the future. We feel that this land is being develop- ed at too high of a density for the roadways that will be used by this new development. We don't object to the size of the AHD lots being 1/2 acre but do feel that some of the lots be an acre in size for the non-AHD lots or even 3/4 of an acre to help reduce the density. Our second concern is for when this project starts breaking ground. Will DBM's contractors be using the entrance to their land off Boisseau or Yennecott Drive? We feel that tthey should use their own entrance whenever possible. Our reason for this is tthe fact that there are 23 children residing on the first stretch of Yennecott Drive, from the corner of Boisseau to the corner of Tuthill Road. This does not include any visitors to their homes or the children who reside on the east end of Yennecott Dr. or on Long Creek Drive who might be walking or biking through. We are concerned for their safety and the peacefulness of the community. Our third concern is really a question. Will the Declaration of Covenants and Restrictions that was received into the file on May 1, 1989 be adopted and made a permanent part of this project ? We feel very good about them and like the minimum size of the houses being 1200 square feet and 1600 square feet for a two story house. It will make for a nice development. We would grealy appreciate you addressing our concerns at the next public hearing. We thank-you for taking the time to hear our concerns and will await your answers at tthe next hearing. Sincerely, 7171< i rnes elch:w,( Whed.t:I'L- Mr.and Mrs. Richard Wheeler JUDITH T. TERRY TOWN CLERK REGISTRAR 0"- VITAL STATISTICS &uwm/rn/ 'I i~' ._.. II) '. . SOUTHOlD TOWN PLANNING BOMW Town aJr,"'53u~;Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD State Environmental Quality Review FINDIN'CS STATEMENT Project Number: coz-2a.9 Date: April 25, 1989 Pursuant to Article 8 (Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the Southold Town Board, as lead agency, hereby makes the following findings: Name of Applicant: D.B.M. Co. 443 Main Street Greenport, New York 11944 (516) 477- 2223 Name of Action: Change of Zone application and major 'subdivision for DBM Co. pursuant to Southoid TOwn Alffordable Housing District Lead Agency:. Southold Town Board Southold Town HllU Main Road Southoid, New York 11971 (51 6) 765-1 aDO SEQRA Status: Unlisted Action Description of Action Proposed change of zone from II A-R II Agricultural-Residential to "AHD" Affordable Housing' District and 'subdivision of , land :pursuant to "AHD" Zoning Ordinance Location: Boisseau Avenue and Tutnill Road, Southold, Suffolk County, . New York AgencyJ uri sd iction : Lead Agency has jurisdiction pursuant to Southold Town Code to grant application for change of zone classification Date of Final EIS' Filded: April 13,1989 Page 2 - D.B.M. Co. . . Facts and Conclusions in the EIS' Relied Upon to Support the Decision: During the review of the proposed change of zone several concerns were raised by the lead agency, its environmental consultant and members of the public. Three areas of primary concern can be identified from the comments made during the review process: 1. The capacity of the existing road network to handle the traffic generated from the proposed project and exi sting traffic conditions was questioned. I n' particular, the adequacy of the traffic study conducted during the winter to assess the summer time traffic conditions was challenged. However, the engineering consultants who performed the traffic study properly factored into their extensive study, conversion factors available to them from the Suffolk County Department of Public Works Traffic Engineering Division to determine traffic impacts throughout the year. The Draft Els, and the Final EIS properly and adequately conclude that the existing road network is more than adequate to meet the existing summer time traffic demands as well as those demands created by the proposed action. 2. Protection of the ground water was raised as an area of concern. Specific mediation measures have been offered to protect the ground water supply. These measures include covenants and restrictions to be Imposed upon lots within the proposed subdivision restricting the applicastlon of inorganic fertilizers to the property to reduce nitrogen loading into the ground water. This measure should also protect surface waters. Run off will be collected and returned to the ground water supply by way of catch basins and a drainage area, the design of which must be reviewed and approved by the Southold Town Planning Board during the'subdivision plat approval process. 3. Protection of surface water. An intermittently wet area is located on a small part of the southeastern portion of the subject property. The project sponsor has offered covenants and restrictions or a scenic easement on those lots abutting this . "vernal area intermittent" to prohibit structures and any disturbance of the natural vegetation in the 75 foot buffer strip to protect this area. Storm water run off will be recharged to the ground water by catch basins and the drainage area set aside on the subject property. Run off will not be discharged into surface waters. CERTIFICATION .OF FINDINGS TO APPROVE Having considered the D raft and Final EIS ~ and having considered the proceding written facts and con.c1usions relied upon to meet the requirements of 6NYCRR 617.9, this Statement of Findings certifies that: 1. The requirements of 6NYCRR 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 . Page 3 - D. B.M. Co. . . 3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environ- mental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures which are identified as practicable. Southold Town Board Name of Agency ~~~~ ~gnature 0 esponsib e ficia Judith T. Terry Name of ResponSible Official Southold Town Clerk Title of Responsible Official April 25, 1989 Date Southold Town Hall, Main Road, Southold, New York 11971 Address of Agency A copy of this Findings Statement Sent to: Commissioner, Department of Environmental Conservation, Albany Department of Environmental Conservation, Stony Brook Suffolk County Department of Health Services Suffolk County Department of Planning D. B.M. Co. Southold Town Board Southold Town Building Departme'lt Southold Town Planning Board~ Town Clerk's Bulletin Board Southold Town Trustees Village of Greenport NYS Legislative Commission on Water Resource Needs of Long Island t . WILLIAM O. MOORE PATRICIA C. MOORE KAREN SZCZOTKA. SeCRETARY ~ ~: ~ : :~ !~ MOORE 8< MOORE ATTORNEYS AT LAW SUITE 3 CLAUSE COMMONS MAIN ROA.D P.O. BOX 23 MATTITUCK, NEW YORK 1 1952 (5161 298-3674 FACSIMILE (516) 298-5664 ..........-.~..__J SOUTHOLi) ,CWI, PLAr,~g_::}.-~i?".__ _'. May 1, 1989 Southold Town planning Board Town Hall southo1d, NY 11971 RE: DBM Co.1 affordable housing Dear Members of the Board: Enclosed please find the covenants and restrictions to be imposed upon the lots of the proposed affordable housing subdivision. Kindly make them a part of your file. WDM/kts Encl. cc: DBM Co. . ill &UW&1nI i i Iii! NAY - , _ dli' DECLARATION OF COVENANTS AND RESTRICTIONS ! SOUH/OU'; rr: (,:~,-'''.'~' PtANNi:1iC ~)i\' ..;.. --..;., Declaration made as of this day of , 1989, by Richard Israel and Herbert R. Mandel, whose mailing address is 443 Main Street, Greenport, New York 11944 (hereinafter referred to as either "Developer" or "Declarant"). WITNESSETH WHEREAS, the Declarant is the owner of the real property known as Affordable Housing Subdivision for DBM Co. described in Article II of this Declaration (the "Property"), which Declarant desires to develop as a community of "One Family" (as hereinafter defined) residential lots (the "Community"); and WHEREAS, the Declarant desires to provide for the preservation of the values, amenities and natural beauty in said Community and to insure that all construction in the Community is harmoniously designed and planned and, to this end, desires to sUbject the Property to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said Property and the OWner of each portion thereof. NOW, THEREFORE, the Declarant, for himself, his successors and assigns, declares that the Property is and shall be held, transferred, sold, conveyed and occupied sUbject to the covenants, restrictions, conditions and easements, (sometimes referred to as ("covenants and restrictions") hereinafter set forth. 1 . . ARTICLE I DEFINITIONS The following words when used in this Declaration or any supplement(s) or amended Declaration shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Property" shall mean and refer to the real estate (described below in Article II), together with the appurtenances thereto, and any and all improvements thereon, or any portion thereof, as will as to any of the Lots contained therein. (b) "Lot" shall mean and refer to any and each of the pieces or parcels of land numbered C inclusive 'c, as shown on the Subdivisions Maps referred to in Article II hereof, and particular Lots shall be identified herein according to the respective numbers appearing on such Subdivision Maps. (c) "Developer" shall mean and refer to DBM Co., its successors and assigns. (d) "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 record owner shall be treated for all purposes as a single owners shall be treated for all purposes as a single owner for each Lot held, irrespective of whether such ownership is held jointly, in common, or tenancy by the entirety, the majority vote of such owners shall be necessary to cast any vote to which such Lot OWner is entitled. Anyone Owner owning two or more Lots shall be treated as separate OWner for each Lot held for purposes of any approval, voting or majority 2 . . requirements herein. (el As used herein, "Homeowners Association" shall refer to an association, corporation, organization or other voluntary or involuntary grouping of Owners which may be formed by one or more Owner, including the Developer, subsequent to the date hereof, and which provides for the admissions of any and all Owners upon such reasonable terms and conditions as may be established for membership by the Owner or Owners who form or establish such Homeowners Association. All decisions of any such Association shall be made by at least a majority of Owners-members in good standing. The purpose of such Association shall be the preservation of Community appearance, standards and values, the enforcement of these covenants and restrictions, and the control of and jurisdiction over all portions of the Property, if any, owned in common by all the Owners. In the event that two or more such Homeowners Associations should exist at the same time, the Association with the greatest number of Owner-members shall be entitled to the powers and duties specified herein. (fl "Cutoff Date" shall mean and refer to the earliest of (al four years after the Developer has conveyed away all its fee simple title to the Property, (bl nine years from the date hereof, or (cl at such earlier time as the Developer transfers all his rights, duties, privileges, obligations and powers hereunder to the Homeowners Association, which transfer shall be evidenced by a writing filed in the Office of the Suffolk County Clerk as this Declaration. 3 . . ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, described in the attached Schedule A which is made a part of the Declaration. ARTICLE III EASEMENTS Section 1. Grant of Easements. The Developer reserves to itself the right to dedicate any and all public roads, sumps and other areas of the Property set aside for walkways, parking areas, water lines, sanitary sewers, storm drainage facilities, gas lines, telephone and electric power lines, television cables and other public or private utility services to the municipality or an agency thereof. The Developer grants to each OWner the following easements pertaining to the Property: (i) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under and across the streets and roads, and, on foot alone, over the pedestrian walks and common areas thereon (as shown on the Subdivision Maps and as they may be built or relocated in the future)'for all purposes; and (ii) At the expense of each Owner, rights to connect with and make use of utility lines, wires, pipes, conduits, cable television lines, sewers and drainage lines which may from 4 . . time to time be in or along the streets and roads or other areas of the Property; section 2. Reservation of Easements. Developer reserves for itself and, after the Cutoff Date, for the Homeowners Association (if any), the easements, licenses, rights and privileges of a right-of-way in, through, over, under and across the Property and, towards this end, reserves the right to grant and reserve easements and right-of-way in, through, under, over and across each respective Lot for the installation, maintenance and inspection of water lines, sanitary sewers, storm drainage facilities, gas lines, telephone and electric power lines, television cables and other public or private utilities and for any other materials or services necessary for the completion of permissible construction thereon; provided, however, that Developer agrees that it will not grant any such easement of right-of-way, in, through, under, over, or across the "required building areas" (as such term is defined in Article V (1) hereof) of any Lot and that if Developer or, after the Cutoff Date, the Homeowner Association, shall grant any easement or right-of-way for the purpose of underground installations, Developer, or the Homeowners Association, agrees to restore, or cause to be restored, the land to the condition immediately existing prior to such installation. The Developer also reserves for itself for itself and, after the Cutoff Date, for the Homeowners Association, the right to connect with and make use of the utility lines, wires, pipes, conduits, cable television, 5 . . sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of the Property. ARTICLE IV ARCHITECTURAL CONTROL Section 1. Approved Plans for Homes. No building, fence, wall or other structure, or change in landscaping, shall be commenced, erected or maintained upon any Lots, nor shall any exterior addition to or change or alteration of any thereof be made until plans and specifications showing the proposed improvement, including the height and location thereof and the materials and colors to be used, shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Developer or after the Cutoff Date, by the Homeowners Association. In the event said Developer or its Homeowners Association, fails to approve or disapprove the same within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. The use subject to ARTICLE V USE OF PROPERTY Particular Covenants and Restrictions. of a Lot by an Owner or other occupant shall be the rules, regulations and provisions of this 6 . . Declaration and following covenants and restrictions: a. No nuisance shall be allowed upon the Lot 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 or unduly restricts or impedes the views of any OWner. b. All valid laws, zoning ordinances and regulations of all governmental bodies having juriSdiction over the Property shall be observed. c. Lots shall not be subdivided, sold or conveyed except as a whole. d. No boats, boat trailers, travel trailers, mobile homes, trailers, trucks, equipment, commercial vehicles larger than a light-duty pick-up truck, unlicensed, uninsured or derelict vehicles, or any other similar property, shall be parked or stored within the Property unless parked or stored inside a garage or Home. e. No commercial signs or advertisements shall be displayed on any Lot or vehicles parked on Lots within the Property by any Owner. This restriction shall not f. apply to the Developer prior to the sale of the respective Lot by the Developer. Within the required building area of each Lot, the topography, grade or drainage shall not be substantially altered or changed, except by the 7 . . Developer. Outside the required building area of each Lot the topography, grade or drainage shall not be altered or changed at all, except by the Developer. Where necessary, each respective OWner shall install adequate culverts under driveways serving his Lot and connect the same to places designated by the Developer. g. The Property shall be sUbject to such easements for maintenance of streets, driveways, walkways, parking areas, water lines, sanitary sewers, storm drainage facilities, gas lines, telephone and electric power lines, television cables and other public or private utilities, as shall be constructed or installed by the Developer. Such easements for maintenance shall include also a right of ingress and egress sufficient to enable such maintenance. h. Lots in this subdivision shall be residential Lots, and each Lot shall contain only one Home together with lawful accessory structures. i. Each OWner shall at all times comply in all respects with all government, health, fire and police requirements and regulations. j. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on the Property, except that dogs, cats, or other usual household pets may be kept on Lots provided that they are not kept, bred or maintained for commercial purpose. 8 . . k. No Home shall be located on any Lot except within the "required building area" for that Lot, as defined by the Local municipal zoning authorities having jurisdiction and further subject to any limitations contained herein and noted on the filed subdivision map. 1. Except to the extent that the applicable utility company shall be obligated to maintain and repair its lines, each Owner shall maintain and keep in good repair any and all lines, wires, pipes, conduits, cable lines, sewer drainage lines, street, road, driveway or walkway which may from time to time run through, over or under its Lot. m. All garbage cans, equipment and coolers maintained on a Lot shall be walled in to conceal them from view form neighboring Lots, roads, or streets. Clothes lines shall not be visible from the streets or neighboring Lots. n. No fence, unless approved as a part of the architectural design of the house, shall be constructed. o. Private swimming pools may be constructed on any Lot provided they are situated in the rear yard only and provided further that no portion of any such pool or its appurtenances shall be closer .to the rear or side Lot lines than thirty (30) feet. No above-ground 9 . . swimming pools shall be erected or maintained on any of said Lots. p. No satellite dishes or antennae or aerials shall be placed, erected, or located on the Lot or on the structures erected on the Lot unless its location, screening, construction, height and aesthetics are approved by Developer or after the Cutoff date by the Homeowners Association. q. No ranch type dwelling shall be erected of less than 1200 square feet, nor any two story dwelling of less than 1600 square feet living area. ARTICLE VI GENERAL PROVISIONS Section 1. Beneficiaries of Easements, Riqhts and privileqes The easements, licenses, rights and privileges established, created and granted by this Declaration shall be for the benefit of, and restricted solely to, the Developer, The Homeowners Associations, The OWners and their respective heirs, executors and administrators, legal representatives, successors and assigns, and any OWner may grant the benefit of such easement, license, right or privilege to his tenants and guests and their immediate families for the duration of their tenancies or,visits, 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 10 . . with and bind the land, and shall inure to the benefit of and be enforceable by the Developer, any of the Owners and their respective heirs, executors and administrators, legal representatives, successors and assigns, and/or The Homeowners Association (if any). However, nothing in this Declaration shall be construed as obligating the Developer to supervise compliance with or to enforce these covenants and restrictions and no person shall have a cause of action against the Developer for its alleged failure to so supervise or enforce. Prior to the Cutoff date, such power may be exercised by the Homeowners Association, or, if no such Association exists, by any Owner upon proof of the written consent of at least 60 percent of all Owners. This Declaration shall terminate and be of no further force and effect as of January 1, 2014, unless the same is renewed prior thereto. section 3. Riqht of Abatement (a) In the event of a violation or breach of any provision of this Declaration, the Developer, or a Homeowners Association (if any), may give written notice to the Owner setting forth in reasonable detail the nature of such violations or breach and the specific action or actions needed to be taken to remedy such violation or breach. If the Owner shall fail to take reasonable steps to remedy such violation or breach within sixty (60) days after the mailing of such notice, then the Developer of Homeowners Association shall have, 'in addition to any and all 11 . . other rights provided by law or in equity, the "Right of Abatement" (defined below). The Developer or Homeowners Association (if any) shall be entitled to recover any and all costs and expenses incurred, including reasonable attorney's fees, in such action or proceeding. (b) The "Right of Abatement", as used in this Declaration, shall mean the right of the Developer or Homeowner's Association, through its agents and employees to enter at all reasonable times upon any Lot, as to which a violation, breach or other conditions to be remedied exists, and as agent for the Owner take the actions specified in the notice to the Owner to abate, extinguish, remove or repair such violation, breach or other condition which is contrary to the provisions of this Declaration, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions are carried out in accordance with the provisions of this Section and do not involve a breach of the peace. All costs of such entry and such actions shall be a binding personal obligation of the violating Owner enforceable at law or in equity, as well as a lien on such Owner's Lot. section 4. Desiqnation by Developer The authority conferred herein upon the Developer or the consent required herein to be obtained from the Developer shall be exercised by or obtained from Herbert R. Mandel and Richard Israel, their successors and assigns, or such other party or 12 . . parties as they may designate by a written instrument recorded and making reference to this Declaration. section 5. Limit to Developer's Obliqations Notwithstanding any provisions herein to the contrary, the Developer shall have no further obligations, duties or responsibilities pursuant to or resulting from this Declaration subsequent to the Cutoff Date. If any written approval is required subsequent to the Cutoff Date from the Homeowners Association, and no such Association (as defined in Article I(f)) has been established, then ,and in that event written approval shall be obtained from Herbert R. Mandel and Richard Israel, their successors and/or assigns, or such other party or parties as they may designate by a written instrument recorded and making reference to this Declaration. Section 6. Notices Any notice required to be sent to any OWner under the provisions of this Declaration shall be deemed to have been properly sent when mailed to the last known address of the person who appears as OWner at the time of such mailing. Section 7. 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. 13 . PolicrNo. S-910136 SCHEDULE A . ,/ The premises in which the insured has the f'state or interest co,,'creo b>' this policy ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, being bound and described as follows: BEGINNING at a point on the easterly side of Boisseau Avenue dis- tant the following two courses and distances as measured southerly along same from the corner formed by the intersection of the easterly side of Boisseau Avenue with the southerly side of Yennecott Drive: 1. South 22 degrees 31 minutes 56 seconds west 336.6B feet to a point; 2. South 2 degrees 3B minutes 20 seconds west 439.00 feet to the true point of beginning; RUNNING THENCE south B7 degrees 21 minutes 40 seconds east along the southerly line of land now or formerly of Robert Taplin 200.00 feet to a point; RUNNING THENCE north 2 degrees 3B minutes 20 seconds east along the easterly line of lands now or formerly of Taplin, Finne, Goldsmith and Wheeler and through three monuments 452.11 feet to a monument; RUNNING THENCE north BB degrees 57 minutes 30 seconds east along the southerly line of lands now or formerly of Tuthill and lands shown on map of Yennecott Park, File Number 51B7, 924.13 feet to a point; RUNNING THENCE along lands now or formerly of Richard and Laureen Wheeler the following two courses and distances: 1. South 14 degrees 42 minutes 20 seconds east 226.37 feet; and 2. North BB degrees 59 minutes 00 seconds east 200.02 feet to a point; -continued- 11.71 N.Y,B.T.U. FORM '000 REVISED EFFECTIVE 1/1/....11 , Policy No. 5-910136 . .CHEDULE A (CONTINUED) RUNNING THENCE south 2 degrees 32 minutes 10 seconds east along lands now or formerly of Francis and Patrick O'Malley 272.59 feet to a monument; RUNNING THENCE north 88 degrees 56 minutes 31 seconds east 572.59 feet to a point; RUNNING THENCE south 23 degrees 29 minutes 07 seconds east 347.18 feet to a monument; RUNNING THENCE south 55 degrees 56 minutes 20 seconds west along lands now or formerly of Edwin Mooney 902.45 feet to a monument; RUNNING THENCE south 55 degrees 54 minutes 50 seconds west along lands now or formerly of Peter Meyer, Jr., 382.92 feet to a monument; RUNNING THENCE north 6 degrees 00 minutes 40 seconds east 488.47 feet to a monument; RUNNING THENCE north 89 degrees 54 minutes 10 seconds west 672.10 feet to a monument; RUNNING THENCE north 2 degrees 38 minutes 20 seconds east 162.43 feet to a monument; RUNNING THENCE north 87 degrees 21 minutes 40 seconds west 265.00 feet to a monument; RUNNING THENCE north 2 degrees 38 minutes 20 seconds east 336.18 feet to a point; RUNNING THENCE north 87 degrees 21 minutes 40 seconds west 200.00 feet to a monument set on the easterly side of Boisseau Avenue; RUNNING THENCE along the easterly side of Boisseau Avenue north 2 degrees 38 minutes 20 seconds east 50.03 feet to the point or place of BEGINNING. :.Y...T.U. FO"M 1000 "EVISEO EFFECTIVE 1/1/83 .DOPTED 12/28/51. AS AMENDED 71'UfJ\J LEGA.L NOTICE ~ -t.l-e of Public Hearing ; NOTICE IS HEREBY GIVEN lhat putsuant to Section 276 of the Town Law a public bearing will be beld by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 1st day of May, 1999 on the question of the following: 7:30 p.m. Preliminary approval on the question of DBM - Affordable housing, located at the Town of Southald, County of Suffolk. and State of New Yark. Suffolk County Tax Map No. lOOO-SS-6-IS.\. The property is bordered on the North by land now or fonnerly of Donald Tuthill. by land noW or for- merly of Yennecott Park; on the East by land now or fonnerly of Richard &. Laureen Wheeler, by land now. ~r formerly of Francis &. PatnCla O'Malley. by land now or formerly of Edwin Mooney; on the South by land now or formerly of Peter Meyer, Jr., by land now or formerly of Carl &. Anthony Codan &. Another, by land now or formerly of Walter &. Susan Stype. by land noW or formerly of Rishad &. Judith Owadally; on the Wesl by land now or formerly of Margaret Kntkowski, by land now or fonnerly of William Moffet, Jr., by land now or formerly of John & Henry Simcik. by land now or for- STATE OF NEW YORK) )S5: COUNTY OF SUFFOLK) M;;'lr1 nt::>+n PrYHt::>rc:: of Mattituck, h. said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mallituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~ weeks successively, commencing on the ? 0 day of April 19--B.9 ~. '// / /11' "'/ / >1'/ (/ /4~C~ I Principal Clerk Sworn t9'l1eJole me this q L'~) l (']," J:kk day of ,ep~~. 19' MAi(YK%~NAN /~ Ii. ',- -.J nRY PUU.lC St~t~ 0: N,,~ ,.'hr~ /l'9fii~/~ ~\2Y1i:(Vl' '- le~~:t~~kpr;~~rFit~;~,~;i~/ COUNTY OF SUFFOLK STATE OF NEW YORK ss: LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant [0 Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road. Southold, New York, in said Town on the 1st day of May, 1989, on the question of the following: 7:30 p.m. Preliminary ap- proval on the question of DBM -Affordable Housing, located at the Town of Southold, COUIl- ty of Suffolk, and State of New York. Suffolk County Tax Map No. 1000-55-6-15.1. The property is bordered on the North by land now or form- erly of Donald Tuthill, by land now or formerly of Yennecott Park; on the East by land now or formerly of Richard & Lau- reen Wheeler, by land now or formerly of Francis & Patricia O'Malley, by land now or formerly of Edwin Mooney; on the South by land now or form- erly of Peter Meyer, Jr., by land now or formerly of Walter & Susan Stype, by land now or formerly of Rishad & Judith Owadally; on the West by land now or formerly of Margaret Krukowski, by land now or formerly of William Moffet, Jr., by land now or formerly of John & Henry Simcik, by land now or formerly of Robert Tap- lin, by land now or formerly of Chester Finne, by land now or formerly of Robert Goldsmith, by land now or formerly of Mary Wheeler. Any person desiring to be heard on the above matters should appear at the time and place specified. Dated: April 18, 1989 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI JR. CHAIRMAN IX, 4/20/89 (18) Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has heen puhlished in said Long Island Traveler-Walchman once each week for . . . , . . . . . . . . . . . . . . . . . ./. .. weeks successively, commencing on the , ;;:.?L' ,~ d,ay of , . (~~.':~. f'/ , " 19. . . , .. ............................. . Sworn to before me this cr.- ..:-;;7(/ 1 , . . .. day of /';4' \';? . . [.-,T'. :'<. . . . . . .. , 19 . .'. . . / . . . ,,.(.-,~~('~(?f--~< (:1':: _;_:./(:1-:'.'-;i.'~~.C:_ :-. . . . . Notary Public BARBAFJ ~. ZCHNEIOER NOTAilY PUB; ie, SllIte of 11ew York No, '<~61146 0",,1:1':0'] L. ~:';.c,l~ c.unly ,. ".,510.. t:.:~r..> s-/~, ;j" , ( ~ ~ ~w Xortll 'Forti J{ousing YfIliance) ~FORMERLV THE GREENPORT HOUSING ALLIANCEl .18 SOUTH STREET GREENpORT. NEW YORK 1 Ht44 Ull15l477-1070 Inc. - rn MA.R t 0 1989 SOUTHOLD TOWN PLANNING BOARD [-,in"1 '!lil'II.~ ',i: ilcli 1'-'1 i ); j BESSIE E. SWANN. ExECUTIVE DIRECTOR ADEQUATE HOUSING FOR ALL M E M 0 RAN DUM - - -- TO: Southold Planning Boaed Membecs FROM: Bessie E. Swann. Executive Director RE: Housing project proposed by D.B.M. DATE: March 8, 1989 It is our understanding that the housing project proposed ~ by D.B.M. is to be reviewed by you on March 14, 1989. We would like to take this opportunity to voice our support for this project. The lack of affordable housing continues to be a serious community problem and it will take a concerted effort of government and private sectors to alleviate the situation. Thank you for your consideration of this housing agency's efforts. cc: Jamas McMahon BEs/jde ~ . FUNDED BY N.Y.S. DIVISION OF HOUSING & COMMUNITY RENEWAL. VEATCH FOUNDATION, DIOCESE OF ROCKVILLE CENTRE AND NATIONAL GLOBAL. MINISTRIES AN EQUAL OPPORTUNITY EMPL-OYER LEGAL NOTICE NOTICE OF AMENDMENT TO TOWN CODE AMENDMENT NO. 130 ~I '0 'i,,, r<: 0~'f,~7'" i 11 n b_: ~GJ ir, ii '.'j !~ ill 'r-'~-";~_'';-~~~~' L '>' i U1rU'j L APR 2 8 1989 SOUTHOlD 'fhVi,;--'" PLANNING SQLI'L '. ( NOTICE IS HEREBY GIVEN that at a meeting of the Town Board of the Town of Southold. Suffolk County. New York. held on the 25th day of April. 1989. the Town Board enacted the following amendment to the Tcwn Code. entitled. "Code of the Town of Southold". together with the Zoning Map forming a part thereof. as follows. to wit: Amendment No. 130 amends the Code of the Town of Southold by changing from R-80 - Low Density Residential District to "AHD" Affordable Housing District the property of D.B.M. Co.. situated southeast of the intersecton of County Route 118. Boisseau Avenue and Yennecott Drive. at Southold. in the Town of Southold. County of Suffolk. and State of New York. bounded and described as follows: BEGINNING at a point on the easterly side of Boisseau Avenue distant the following two courses and distances as measured southerly along same from the 'corner formed by the intersection of the easterly side of Boisseau Avenue with the southerly side of Yennecott Drive: (1) South 22 degrees 31 minutes 56 seconds West 336.68 feet to a point; (2) South 2 degrees 38 minutes 20 seconds west 1139.00 feet to the true point of beginning; RUNNI NG THENCE South 87 degrees 21 minutes IiO seconds east along the southerly line of land now or formerly of Robert Taplin 200.00 feet to a point; RUNNING THENCE north 2 degrees 38 minutes 20 seconds east along the easterly line of lands now or formerly of Taplin. Finne. Goldsmith and Wheeler and through three monuments 1152.11 feet to a monument; RUNNING THENCE north 88 degrees 57 minutes 30 seconds east along the southerly line of lands now or formerly of Tuthill and lands shown on map of Yennecott Park. File Number 5187. 9211.13 feet to a point; RUNNING THENCE along lands now or formerly of Richard and Laureen Wheeler the following two courses and distances :(1) South 111 degrees 112 minutes 20 seconds east 226.37 feet; and (2) North 88 degrees 59 minutes 00 seconds east 200.02 feet to a point; RUNNI NG THENCE south 2 degrees 32 minutes 10 seconds east along lands now or formerly of Francis and Patrick O'Malley 272.59 feet to a monument; RUNNING THENCE north 88 degrees 56 minutes 31 seconds east 572.59 feet to a point; RUNNING THENCE south 23 degrees 29 minutes 07 seconds east 3117.18 feet to a monument; RUNNING THENCE-:.south 55 degrees 56 minutes 20 seconds west ab!1g !ar.ds now or formerly of Edwin Mooney 902.115 feet to a monument; RUNNl NG THENCE south 55 degrees 511 minutes 50 seconds west along lands now or formerly of Peter -~~~. --~--- ~---- ._.._---~ Page 4 -. Amendment No. 130 ) ~! 8 S~er, Jr., 382.92 feet to a monument; RUNNING THENCE north 6 degrees 00 minutes 40 seconds east 488.47 feet to a monument; RUNNING THENCE North 89 degrees 54 minutes 10 seconds west 672.10 feet to a monument; RUNNING THENCE north 2 degrees 38 minutes 20 seconds east 162.43 feet to a monument; RUNNI NG THENCE north 87 degrees 21 minutes 40 seconds west 265.00 feet to a monument; RUNNING THENCE north 2 degrees 38 minutes 20 seconds east 336.18 feet to a point; RUNNING THENCE north 87 degrees 21 minutes 40 seconds west 200.00 feet to a monument set on the easterly side of Boisseau Avenue; RUNNI NG T HENCE along the easterly side of Boisseau Avenue north 2 degrees 38 minutes 20 seconds east 50.03 feet to the point or place of beginning. Containing within said bounds an area of 37.762 acres. DATED: April 25, 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK * * * PLEASE PUBLISH ONCE, MAY 4, 1989, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Clerk's Bulletin Board William D. Moore, Esq., a/co D.B.M. Co. Southold Town Planning Board Southold Town Building Department Community Development Administrator McMahon 's- .., ~.".,,~-_.~ ~ , LEGALS NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road Southold, New York in said Town on the 1st day of May, 1989 on the question of the fOllowing: 7:30 p.m. Preliminary approval on the question of DBM _ Affordable housing, located at the Town of Southold, County of Suffolk, and State of New york. Suffolk County Tax Map No. 1000-55-6-15.1. The property is bordered on the North by land now or formerly of Donald Tuthil, by land now or formerly of Yennecott Park; on the East by land now or formerly of Richard & Laureen Wheeler, by land now or formerly of Francis & Patricia O'Malley, by land now or formerly of Edwin Mooney; on the South by land now or formerly of Peter Meyer,Jr., by land now or formerly of Carl & Anthony Codan & Another, by land now or formerly Walter & Susan Stype, by land now or formerly of Rishad & Judith Owadally; on the West by land now or formerly of Margaret Krukowski, by land now or formerly of William MOffet,Jr., by land now or formerly of John & Henry Simcik, by land now or formerly of Robert Taplin, by land now or formerly of Chester Finne, by land now or formerly of Robert Goldsmith, by land now or formerly of Mary Wheeler. Any person desiring to be heard on the above matters should appear at the time and place specified. Dated: April 18, 1989 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI,JR. CHAIRMAN PLEASE PRINT 0 (1) AFFIDAVIT N THURSDlYivJ>;PRIL 20, 1989 AND FORWARD ONE THIS OFFlee; THANK YOU. COPIES SE..~T TO: SUFFOLK TIMES LONG ISLAND TRAVELER/WATCHMAN - , " State Environmental Quality Revie Notice of Completion of Final EIS Project Number coz-289 Date April 12. 1989 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 6 (State Environmental Quality Review Act) of the Environmental Conservation Law. A Final Environmental Impact and accepted by the Southold Town proposed action described below. be accepted by the contact person Statement has been completed Board, as lead agency, for the Comments on the Final EIS will until April 24. 1989 Name of Action: Change of zone application and major subdivision for DBM Co. pursuant to Southold Town Affordable Housing District SEQRA Status: unlisted Action Description of Action: Proposed change of zone from "A-R" Agricultural-Residential to "AHD" Affordable Housing District and subdivision of land pursuant to "AHD" zoning ordinance Location: Boisseau Avenue and Tuthill Road, Southold. A Copy of the Final EIS may be obtained from: Contact Person: Judith Terry Town Clerk, Southold Town Town Hall Southold, NY 11971 A Copy of this Notice and Final EIS Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12233-0001 Department of Environmental Conservation, Region 1 Headquarters SUNY Stony Brook, Building 40, Stony Brook, NY 11794 . . FINAL ENVIRONMENTAL IMPACT STATEMENT Relating to The Rezoning from "A" (Residential and Agricultural District) to "AHD" (Affordable Housing District" and Subdivision of Land Pursuant to AHD Zoning Ordinance. LOCATION: 37.762 acres located within the Town of Southold Southeast of the intersection of County Road 48, Boisseau Avenue, and Yennecott Avenue. APPLICANT: D.B.M. Co. 443 Main Street Greenport, NY 11944 (516) 477-2223 LEAD AGENCY: Town of Southold Town Hall Main Road Southold, NY 11971 (516) 765-1800 PREPARER: peconic Associates, Inc. Environmental Consultants One Bootleg Alley Greenport, NY 11944 (516) 477-0030 Moore & Moore Attorneys at Law Suite 3 Clause Commons Mattituck, NY 11952 (516) 298-5674 DATE OF PREPARATION: March, 1989 Draft Environmental Impact Statement Accepted February 7, 1989 REaMD MAR :3 0 1989 SouIftold r ~,.- ,.,..... . . TABLE OF CONTENTS SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . 1 INCORPORATION BY REFERENCE . . . . . . . . . . . . . . . .. 2 COMMENTS ON DEIS AND RESPONSE . . . . . . . . . . . . . . . 3 -----i----.~..O.-- . . I. SUMMARY This Final Environmental Impact Statement (EIS) examines the proposed rezoning by the Southold Town Board from "A" (Residential and Agricultural) to "AHD" (Affordable Housing District) of some 37.762 Acres situated on the East side of Boisseau Avenue, approximately 1200 feet South of County Road 48, and the proposed creation of fifty-five (55) lots on 37 Acres. The EIS is prepared in accordance with the provisions of Article 8 of the Environmental Conservation Law; Part 617 of Title 6 of the New York State Codes of Rules and Regulations; and Chapter 44 of the Southold Town Code. The Town of Southold, which is acting as Lead Agency, determined on June 9, 1988, that the actions proposed are Type I and are likely to have a significant effect on the environment. On February 6, 1989 the lead agency determined that the DEIS was complete and adequate for pUblic comment and review. The pUblic hearings on the DEIS and for the change of zone application were held on March 14, 1989. The EIS incorporates the DEIS and provides responses to the comments that have been raised regarding the DEIS. This EIS concludes that the subject parcel is physically capable, properly located, and with the potential for a complement of municipal services electricity, water, schools, fire and pOlice protection, etc. -- to undergo residential development of the type and density forecast without significant impact or detriment to natural or man-made systems, or the surrounding 1 . . development and land uses. The proposed rezoning and subsequent development of fifty- five (55) units, upon the receipt of the required approvals will result in: l. An increase in moderate income housing. 2. No increase in protective service staff and equipment. 3. No loss of farmland. 4. No significant pOllution of groundwater. 5. An increase in tax revenues without a significant increase in demand for taxpayer provided services. 6. An increase in school population without a corresponding significant increase in facilities and operating costs. 7. An increase in traffic volume that can be accommodated by the existing road and street networks. The EIS concludes that there is no significant environmental impact pertaining to the proposed action for subsequent development that would necessitate the pursuit of any of the alternatives set forth in the DEIS. I I . INCORPORATION BY REFERENCE In accordance with the requirements of the regulations set forth in 6 NYCRR Part 617, this Final Environmental Impact Statement consists of the draft EIS prepared by peconic Associates, Inc., December 1988, and the revisions made and 2 . . incorporated in same in February, 1989. The draft EIS and revisions are incorporated herein by reference in their entirety with the same force and effect as if they had been set forth in this document. II I. COMMENTS ON DEIS AND RESPONSE The fOllowing comments were made regarding the DEIS at the public hearing held by the lead agency on March 14, 1989: Comment: The responses to questions raised by the environmental consultant to the lead agency were not in the file maintained by the Town clerk. Response: Certain questions were raised by the environmental consultant to the lead agency which were to be addressed before the lead agency would determine the DEIS complete and acceptable for pUblic comment and review. The applicant prepared the information or amended the DEIS as necessary to respond to these questions. These responses were provided in an additional submission to the lead agency and were incorporated directly into the DEIS. This additional information is available in the Town Clerk's office and the individual raising this point was directed by the lead agency to review the file again. Comment: If the proposed re-zoning to the "AHD" classification is approved, a precedent will be established 3 . . permitting similar zoning for adjoining property which is also undeveloped. Response: The rezoning of a particular piece of property in accordance with the existing Affordable Housing District provisions does not establish a precedent for the rezoning of nearby properties to be developedd similarly. All applications for rezoning to "AHD" must satisfy the criteria set forth in the zoning ordinance which include, among other things, suitable location in the town, adequacy of available municipal services, environmental impact, and the need for the development proposed. Comment: The proposed rezoning will permit all manner of houses including townhouses to be developed on the property. Response: The AHD provisions of the Southold Town code require a statement from the applicant indicating the proposed development of the land if the property is re-zoned "AHD" and a sketch plan of the proposed development. Applicant has submitted plans for a subdivision of the property into 55 one-half acre lots for development as single family residences of which,one half will be sold pursuant to the requirements set forth in the AHD regulations. The zoning ordinance does not permit townhouses in such a development plan. The following comments were provided by Szepatowski 4 . . Associates, Inc., the environmental consultant reviewing the DEIS at the request of the lead agency. a. Comment: Specific measures proposed to prevent erosion and to collect and control runoff for recharge into the aquifer should be indicated. (DEIS page 44) Response: This comment reflects a concern also raised in comment "c" below. The proposed mitigation measure addressing the potentially significant impact from runoff and erosion are set forth on page 53 of the DEIS. Specifically, impacts associated with street runoff are mitigated by the use of catch basins and a recharge area which, on the preliminary plat set forth in Appendix * 3 of the DEIS, is identified as "Natural Drainage Area." The drainage plan for the proposed subdivision must be reviewed and approved by the Southold Town Planning Board and its engineering consultants as the Planning Board reviews this subdivision. b. Comment: Specific covenants and restrictions need to be supplied for the purpose of restricting the application rates of lawn fertilizers to insure the use of these nutrients by plant growth and to minimize percolation of these nutrients into the groundwater. (DEIS pages 51, 52, 58) Response: Proposed covenants and restrictions 5 . . enforceable by the Southold Town Board are set forth in Appendix A. c. Comment: Is the pond noted on the subdivision plan and discussed in the text proposed to be maintained at a constant water level? If so, what will be used to supplement the rain water? Why is a recharge basin not used instead as a drainage method? The pond also introduces the question of liability. There should be documentation from the highway department regarding the use as a retention pond. (DEIS page 53) Response: A natural drainage area for road runoff and recharge to the groundwater was requested by the Southold Town Planning Board after review of a sketch plan of the proposed . subdivision. If the Planning Board and its engineers determine that a ponding area, or natural drainage area are not appropriate for the drainage and recharge of runoff, the project sponsor will, if requested, utilize the more conventional recharge basin. A pond with a constant water level is not being requested by the sponsor. d. Comment: The buffer strip near the wetland should be included as a grant of scenic easement to the Town or to a conservation organization. (DEIS page 54) Response: If requested by the Southold Town Board 6 . . or the Planning Board, the project sponsor will impose covenants and restrictions or a scenic easement on those lots abutting the "vernal area intermittent" prohibiting structures and any disturbance of the natural vegetation in the 75 foot buffer strip. e. Comment: A complete landscaping plan can and should be approved at preliminary plan approval and included in the DEIS. (DEIS page 59) Response: The Southold Town Planning Board must approve a landscaping plan using the guidelines set forth in section A108-41 of the Southold Town Code. The Planning Board may, in the exercise of its discretion, eliminate any of the established requirements including those relating to landscaping. As the Planning Board reviews the proposed subdivision, it will establish the landscaping plan with the project sponsor that will meet the goals of the requirements of the Southold Town Code. f. Comment: Dwelling orientation plans must be considered now in the SEQR process since this is a mitigation measure and shown on the preliminary plans. (DEIS pages 61, 62) Response: A "cookie cutter" type subdivision of identical houses will be avoided for at least three reasons. (1) The affordable housing project being considered does not include 7 . . an established building plan for all lots; the project sponsor is offering vacant lots for sale. Each lot owner is free to select their own builder and to choose whatever housing style they prefer (subject to approval by the project sponsor). (2) The affordable lots will be interspersed with the market price lots. (3) The lots are varied in size and shape. g. Comment: The ability of the Greenport Wastewater Treatment Plant to handle septic sludge should be addressed. Response: A study by Holzmacher, McLendon and Murrell, P.C., Consulting Engineers which was performed for the Village of Greenport examined the effect of scavenger waste on the existing Greenport Sewage Treatment Plant. This study concluded that the treatment plant has sufficient capacity in projected flows estimated through year 2005. A copy of this report is set forth in Appendix B. h. Comment: Without substantiation of a connection to the Greenport water system, the affordable housing action does not appear that it could be built. Response: The Suffolk County Department of Health Services must approve realty sudivisions pursuant to the requirements of Article 6 of the Suffolk County Sanitary Code. These requirements include approval of the proposed method of 8 . . supplying water to the subdivision. The project sponsor is working with both the Village of Greengort and the Suffolk County Department of Health Services for a water supply system for the proposed action. Comments were made at the public hearing with respect to the traffic study and potential impacts of the traffic generated by the proposed project. These comments have been summarized and responses have been prepared by Cashin Associates, P.C., the engineering firm which prepared the traffic study in Appendix C. The environmental consultant of the lead agency made several observations regarding the DEIS. Several of these comments involved proposed clarifications language in the DEIS to establish that the proposed subdivision of 55 building lots will provide 27 lots which will be sold pursuant to the affordable housing price r~strictions of the Southold zoning ordinance. Amendments to the language of pages 1, 4, and 12 of the DEIS are set forth in Appendix D on separate pages which can be inserted into the text of the DEIS. 9 . . APPENDIX A . . DBCLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by DBM Co. this day of , 1989, a partnership having its principal place of business at 443 Main Street, Greenport, New York 11944 hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be conveyed subject to the fOllowing covenants and restrictions: 1. DECLARANT has made application to the Southold Town Board (hereinafter referred to as the BOARD) for the rezoning of the PREMISES to the "Affordable Housing District" for development of the property as a single family residential subdivision pursuant to the requirements of the Southold Town Zoning Ordinance. 2. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, be their terms, s~bject same to the covenants and restriction contained herein. Failure of the DECLARANT, its successors and/or assigns to so conditiqn the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 1 . . 3. The application rate of inorganic fertilizers on any Lot in the subdivision shall not exceed the rates recommended by the manufacturer of said fertilizers. 4. No in-ground fuel storage tanks shall be permitted to be installed on any Lot in the subdivision. 5. Lot owners shall comply with requirements of the Town of Southold and the County of Suffolk for pumping and cleaning of septic systems. 6. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 7. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 8. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of sou~hold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the.Town of Southold or any officer or employee thereof. 2 . . 9. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the premises only with the written consent of the BOARD. 10. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other adjudged to be illegal, unlawful, invalid, or unconstitutional. DBM Co. By: Herbert R. Mandel, partner DBM Co. By: Richard Israel, partner ~ , 3 . . APPENDIX B 't-1A'r.:....,,-30.,,-89 THU 9:5~sTrRLrNG COMPUTE" P.04 Inc. Village of Greenport and Town of Southold Suffolk County, New York Section 201 Wastewater Facility Plan c- 36 -1120 Selected Plan Report MAY 1982 .~. .,,~ ti~HOLZMACHER. McLENDON andMURRELL.P.C. ConSUlllnll Enll,nee". Envlfonmento' SClontla,. end "Ionno" MolvlIlo. N.Y. Fermlngdolo. N.Y, Aivomoed.N.Y .M A R'---:;< e - e '9 T H U '9:S"STIRLING COMPUT~ p.es t1~M HOLZMAOMe~, McLENDON & MuM ELL, p,C ~ PRELIMINARY DESIGN OF EFFECT OF SCAVENGER WASTE ON EXISTING GREENPORT STP I. Design Information Greenport STP Design Flow projected Future Wastewater Flow (year 2005) Projected Future Scavenger Waste Flow (year 2005) II. Hydraulic Loading A. Total projected future flow to Greenport STP wastewater + scavenge~waste = .30~ mgd 0.309 mgd ~0.5 mgd. Therefore, plant's hydraulic design capacity is sufficient. b. 0.5 mgd 0.286 mgd a. c. .023 mgd III. Solids Loading A. Imhoff Tank 1. Solids Capacity"" (200 mq/l - 30 mq/l) x 8.34 x.5 mgd ~ 7~9 lbs/day 2. Future Solids Loading a. Scavo waste'" (250-30) x 8.34 x .023 mgd = 42.2 lbs/da b. 'Sewage"" (200 - 30) x 8.34 x .286 mqd '" 405.5 lbs/day c. Total solids Loading ~ 447.7 = 448 3. Since Total Solids Loading of 448 lbs/day is less than the solids Capacity (709 lbs/day), plant's organic design capacity is sufficient . . APPENDIX C 'OJ' a.;;..- .- _ r- _ 1lO~ . . Cashin Associates, P. C. Engineers el"ld Architll!ct!!l PI8invlew . Carmel . Port .Jefferson March 20, 1989 Mr. Richard Israel Herbert Mondel Real Estate 433 Main Street Box 130 Greenport, New York 11944 RE: Affordable Housing Project Peconic Associates Dear Mr. Israel: On March 15, 1989, the Town of Southold held the hearing for the Affordable Housing Project Draft Environmental Impact statement (DEIS) and was subject to public comments. As a result of your March 16, 1989 telephone call requesting responses to the traffio related comments, we have prepared responses to them on an individual basis as listed below: 1. Comment: The question was raised regarding the use of the popUlation value of 150,000 in use on the capacity analysis computer printout, when the area population of Southold was smaller. RQsponsel The capaoity analysis hard copy printouts are prepared by a oomputer program. The program was developed from the document "Highway Capacity Manual, Special Report 209" Transportation Research Board, National R.search Council, Washington D.C., 1985. The program was prepared under a grant from the u.S. Department of Transportation, 1987. The population value represents a minimal default value the program inserts into the software operation. The value itself has little influence on the final capaoity analysis output. ' 2. Comment: How was the summertime traffic addressed in the report when the traffic volume data was oollected in November. Resp~~se: The Suffolk County Department of Publio Works (SCDPW), Traffic Engineering Division (TED), as part of their operation, prepares traffio volume statistics from traffio volume data they collect in the field. These statistic. are utilized to oonvert traffio volume counts conducted at any time period during a calendar year to any 48.1B Neeooneeb Hlehwey . POI"t: ..Jsffel"BOn StlBtllpn. NY 11778 . 11518l474-0800 ,- "1""R-2e~e9";MOH""bsf:2'& . -- ' . .. . . . CiH1 N"'RaaCle .,.!i,P/:)R1"' ,'J'....~ """"'.03 '. Mr. Richard Israel Maroh 20, 1989 Page Two other time period. Mr. Robert Bornholdt of the SeDPW, TED was contaoted on November 18, 1988. lie provided Cashin Assooiates with the oonversion faotor to enable our modifying the November counts to August counts. This factor was employed throughout the entire DElS traffio study. Very truly yours, CASHIN ASSOCIATES, P.C. g.vv'.~~~~ Lawrenoe Turohin Prinoipal Transportation Engineer LT/lan co: Mr. Merlon Wiggins, Ph.D C..hln AII.oeletles, P. C. Engln..I"e and AI"chltsote . . APPENDIX D '. . ." ~ . l(a) <: ,; :>..t>"<~,~~~.'~ '-'1_" .-':;> ':'\'.f;,;;' ',~': The first sentence of Section II is amended as follows: " and the proposed creation of fifty-five (55) lots of which 27 will fulfill the Town's affordable housing provisions on 37 . . . ", '. aor.s." ~; , ;.~ ,it < '..,... " ,-" ';:.: .'-''"'. " 1( , ~~ ! " ""r''''i . ,__<,'--_,_'-_'-...._~,;;,",.;:~:,~~,..L~~.~,,;;.c;...u::. --'-'-",-~,.._~." .,~ . .. ~~~.:.,,~~~~~'^'-,., ,t';;.....,._.. '.'~,..~"',___,," . . . . . 4(a) The first sentence of Section III is amended as follows: "... and the providing of fifty-five (55) lots of which 27 will fulfill the Town's affordable housing provisions." . . - - . . l2(a) The first sentence of Section "D. CONSTRUCTION AND OPERATION" is amended as follows: "Construction on the fiftY-five (55) [delete "Affordable Housing"] lots will be . . ." . . Town Hall, 53095 Main Road P,O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765.1938 PLANNING'BOARD OFFICE TOWN OF SOUTHOLD . April 18, 1989 William Moore P.O. Box 23 Mattituck, NY 11952 RE: DBM - Affordable Housing SCTM #1000-55-6-15.1 Dear Mr. Moore: The following actions were taken by the Southo1d Town Planning Board on Monday, April 17, 1989. RESOLVED that the Southo1d Town Planning Board accept and request compliance with the engineer's report dated March 28, 1989. RESOLVED that the Southold Town Planning Board set Monday, May 1, 1989 at 7:30 for a public hearing on the preliminary maps dated March 13, 1989. If you have any questions, please do not hesitate to contact this office. ~''Y;> tru1. y.... you r;:;... '1~'.. ~(}I / / ~~ /;:/ / ,,/ ., i ,I L r ~ ~ I . /.... ~~,_ .f(' /!/ // i i>-;:" ( .'j.:;?i'/ 6//f/"'{j&V~'t.- ~" i ./'" '; /."'" ~....t.."" 0/"" /7 v ~"''''''''V''' .. 1/ BENNETT ORLOWSKI,JR. CHAIRMAN enc. jt . . <Su-\.\ 0 \ ~ --, TO: I dY\ {'--.S FROM: 'PIG.-fIn: nJ GJ DATE: L/ J fy / >::9 , Pages to follow: Additional comments: If all pages are not received, please call (516) 765-1800 . . LEGALS NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road Southold, New York in said Town on the 1st day of May, 1989 on the question of the following: 7:30 p.m. Preliminary approval on the question of DBM - Affordable housing, located at the Town of Southold, County of Suffolk, and State of New york. Suffolk County Tax Map No. 1000-55-6-15.1. The property is bordered on the North by land now or formerly of Donald Tuthil, by land now or formerly of Yennecott Park; on the East by land now or formerly of Richard & Laureen Wheeler, by land now or formerly of Francis & Patricia O'Malley, by land now or formerly of Edwin Mooney; on the South by land now or formerly of Peter Meyer,Jr., by land now or formerly of Carl & Anthony Cod an & Another, by land now or formerly Walter & Susan Stype, by land now or formerly of Rishad & Judith Owadally; on the West by land now or formerly of Margaret Krukowski, by land now or formerly of William Moffet,Jr., by land now or formerly of John & Henry Simcik, by land now or formerly of Robert Taplin, by land now or formerly of Chester Finne, by land now or formerly of Robert Goldsmith, by land now or formerly of Mary Wheeler. Any person desiring to be heard on the above matters should appear at the time and place specified. Dated: April 18, 1989 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI,JR. CHAIRMAN PLEASE PRINT ONCE ON THURSDAY, APRIL 20, 1989 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SE.."lT TO: SUFFOLK TIMES LONG ISLAND TRAVELER/WATCHMAN I -- -" / ~ Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 . TELEPHO~E (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 04/12/89 william Moore P.O. Box 23 Mattituck, NY 11952 RE: DBM Co. Affordable Housing SCTM #1000-55-6-15.1 Dear Mr. Moore: Enclosed please find the report from Sidney B. Bowne and Son, Town Engineer, dated March 28, 1989 on the above mentioned subdivision. '" . The Planning Board accepts and request that you comply w~~~ this report and revise the maps accordingly. The Planning Board will be reviewing the report at the April 17th Planning Board meeting. If you have any questions, please do not hesitate to contact this office. r . /7 truly y//;/ ;J .1S-"'flJPf~~ _' BENNETT ORLOWSKI,JR. CHAIRMAN enc. jt SIdney B Bowne. PE, LS ( 1922-1959) Chester C Kelsey, P.E" LS Alexandre W, Mercil, PE Robert A. Stanton, P,E Robert W. Brown, L.S Zabdiel A. Blackman, P,E., LS. . SIDNEY B. BOWNE & S '?i~C~ 45 Manor Road Smith town, N. Y. 11787 (516) 724-0611 MAR 0 1989 . IE n \'!1 m George A, Style. P.E. Jerry D. Almonl, PE George L Fagan, Jr" PhD.. P.E Frank Capobianco, C.E Thomas A Pynchon, LS March 28, 1989 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Mai n Road Southold, N.Y. 11971 Re: DBM Company Subdivision S.C.T.M. No. 1000-055-06-15.1 (SBB No. 87335) Dear Mr. Orlowski: We have reviewed the Preliminary Affordable Housing Plan dated March 13, 1989. Generally, the gradin9 and drainage design is accept- able. There are several items which we have commented on and are list- ed herein. Any modifications can be included with the final plans if this layout receives approval from the Planning Board. As usual, we have discussed this plan with the Town's Highway Superintendent, Ray Jacobs. Our comments are as follows: 1. At the northerly intersection of Roads "B" and "C", have the drainage pipes converge in a manhole, thus eliminating the acute angle of mainline flow at C.B. #3. 2. Catch basins No. 1 and 2 should have concrete inverts without sumps, since they will also function as manholes and be rquired to handle large amounts of storm water flow. 3. The recharge/drainage area should be fenced because of the 10 foot design depth of water. 4. Provi de a ramp with a maximum slope of 12% to the bottom of the recharge basin for maintenance purposes. If you have any questions regarding the above, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS JWK:clg cc: Ray Jacobs .a~~ /~~ 19'1N W. K HN MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER An Equal Opportunity Employer M/FIH rnll',"d And,,, ~ '1 Rdger L Cocchi , FrsnciSJ,lynch Philip Schlotzhauer Joseph F, Stegman Paul F, Stevens William T, Styne Richard B Weber ) Town HaiL 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEP.HONE (516) 765-1938 . -.j,- PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mo.Rc.\... I b \ '9 8 ~ Robert Brown Sidney Bowne & Son 45 Manor Road Smithtown, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: subdivision minor subdivision, site plan) Hamle.t ~ 0 -t\.-.h , c\ Y~TERIAL SUBMITTED: File # Suffolk County Tax "'lap No. looe - fiS - b - IS. I Sketch plan Preliminary map X ~.ri1 c9 Ma.o:..... '~Is"! Street Profiles X Grading Plan ~ _ Preliminary si te plan Final Map Other Comments: , ~-<6 Q Ve?,) trul:...!1urs, . . ~ a~' IL BENNETT ORLOWSKI, JR. ,CHAI~' /J1I5 SOUTHOLD TOWN PLANNING BOA-rlD .' WILLIAM O. MOORE PATRICIA C. MOORE ) . ATTORNEYS AT LAw SUITE 3 CLAUSE COMMONS MAIN ROAD P,O. BOx 23 MATTITUCK, NEW YORK 1 1952 (5161 298-5674 " i .. \ ~ ',I\\Y" \\'. "" '\)1 !)_'U\ ~\ ~ \llG~\I ll'\\I\::';, ,;,\l~q\)", l\1lI"'~"o" MOORE Be MOORE Facsimile: (516) 298-5664 March 15, 1989 Southold Town Southold Town Main Road southold, New Planning Board Hall York 11971 Re: DBM Co. Proposed Maior Subdivision AHD Zone SCTM# 1000-55-6-15.1 Our file # 201-87 Dear Mr. Orlowski and members of the Board: Enclosed please find two (2) copies of Application for approval of preliminary plat on above referenced project together with twelve (12) copies of preliminary map prepared by Young & Young, Licenced Land Surveyors and Engineers. No Environmental Assessment Form is submitted with this application since a Draft Environmental Impact Statement was submitted for the coordinated review of the AHD Zone change and affordable housing subdivision. The proposed Covenants and Restrictions for the AHD subdivision will be submitted as soon as they are completed. If there is anything else you need please do not hesitate to call. WDM\kts Encls. cc: DBM Co. (w/o encls.) ------- ATTORNEYS AT LAw SUITE 3 CLAUSE COMMONS MAIN ROAD P.O. BOX 23 MATTITUCK, NEW YORK 1 1952 (51 6) 2ge~S674 -~~, iOO ~ al rn u W ~ "~\ O -"""""",1" ,-'l- i: " IIM15_ ,i WILLIAM D. MOORE PATRICIA C. MOORE ('. ~J MOORE Be MOORE ~-,.~.~_..,..",q_.~_",......ol UThOUj ;T;lNN PLPW',y . ",'" Facsimile: (516) 298-5664 March 15, 1989 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 RE: DBM Co./affordable housing /cluster subdivision Dear Members of the Board: As you are aware, DBM Co. has pending before you a 16 lot cluster subdivision which received preliminary plat approval in August, 1988. As you are also aware, DBM Co. is pursuing a change of zone on the same property to the "Affordable Housing District" (AHD). We hereby request that you adopt a resolution extending the time by which final maps for the 16 lot cluster subdivision must be submitted until review of the affordable housing 55 lot project is completed. By adopting such a resolution, the applicant will be returned to the status quo, ie. a 16 lot subdivision with preliminary plat approval, if the affordable housing project cannot be completed within the time period required by the AHD zoning regulations. Such extensions of time are permitted pursuant to section A106-24(A)(2) of the Southold Town Code. Your willingness to grant such an extension will avoid penalizing an applicant who is trying to make an affordable housing project a reality. Your cooperation is appreciated. Vlitfu'~ wlJVlJ4i1. Moore WDM\kts cc: DBM Co. . . MEMORANDUM DATE: Judith T. Terry, Town Clerk Valerie Scopaz, Town Planner Adequacy of DEIS for DBM Affordable Housing Proposal for Review and Comment. January 30, 1989 TO: FROM: RE: A review of the above-referenced document reveals that the document appears to be satisfactory for public review and comment. The Town Board should be made aware that one of the alternatives listed in this document; the 16 lot two acre subdivision, has already received preliminary approval from the Planning Board. This alternative was treated as a clustered sub- division. Jm " . . . D Southold. N.Y. 11971 (516) 765-1938 July 13, 1988 Bill Moore Suite 3 - P.O. Box 23 Clause Conunons Mattituck, NY 11952 RE: DBM Affordable Housing SCTM #1000-55-6-15.1 Dear Mr. Moore: The following action was taken by the Southold Town Planning Board on Monday, July 11, 1988. RESOLVED that the Southold Town Planning Board grant sketch approval for this Affordable Housing Project subject to receiving a change of zone to the Affordable Housing District. This parcel is on 37.762 acres located at Southold. If you have any questions, please do not hesitate to contact this office. Very truly yours, /?,fTf/7~ /)~ ~W1sRLOWSK~~---- . CHAIRMAN jt ~ ~ '~~ WILLIAM D. MOORE PATRICIA C. MOORE .... ..) (. MOORE Be MOORE ,~ RECEIVED BY _ SOUTHOLD TOWN PlANNING B9ARD I UN 27 ATTORNEYS AT LAw SUITE 3 CLAUSE COMMONS MAIN ROAD P.O. Box 23 MATTITUCK, NEW YORK 11952 (518) 298.5874 .... DATE June 27, 1988 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: DBM Co. affordable housing/ sketch plan Dear Gentlemen: Enclosed please find the necessary sketch plan prints from Young & Young for your review for sketch plan approval. We respectfully request that you give the proposed layout your consideration and, if the plan is acceptable, sketch plan approval at your July 11th meeting. Sketch plan approval at this time would keep the project moving on a timely basis. In addition, sketch plan approval can be given while the "SEQRA process" continues as such approval does not require the completion of the environmental review procedure. A scoping session is scheduled for July 13 to define the issues to be covered in the Draft Environmental Impact Statement to be prepared for the proposed Affordable Housing project. Input from the Board or its representative would be most helpful at this session. The DEIS being prepared will discuss both elements of the proposed project --the change of zone from Agricultural - Residential to AHD and the proposed AHD project itself. By way of clarification, the SEQRA review being undertaken includes all phases of the AHD approval process. A SEQRA review will not be done again during the major subdivision plat approval procedure which is part of the AHD procedure. If you have any questions, or if I may provide any additional information to you, please do not hesitate to contact me. Vi;! truly yours, ulfiR Vlor- WDM/er cc: James A. Schondebare, Esq. ,) . '-="'I D . Ao_ ~~;. Southold. N. Y. 11971 (516) 765-1938 June 7, 19.88 Judith Terry, Town Clerk Southold Town Hall Southold, NY 11971 RE: Change of Zone for DBM Affordable Housing SCTM *1000-55-6-15.1 Dear Mrs. Terry: The fOllowing action was taken by the Southold Town Planning Board on Monday, June 7, 1988. RESOLVED that the Southold Town Planning Board make a recommendation to the Town Board to approve this change of zone. This property is located between Boisseau Avenue and Yennecott Drive, Southold. If you have any questions, please do not hesitate to contact this office. Very truly yours, ~(JLP/ CHAIRMAN jt = .~ .~ I ~ . ""- . 886t 06 A\1W JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765.1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 18, 1988 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is the petition of DBM Co. requesting a change of zone from "A" Residential and Agricultural District to "AHD" Affordable Housing District on certain property located between Boisseau Avenue and Yennecott Drive, Southold. Please prepare an official report defining the conditions described in said petition and determine the area so affected by your recommendations, and transmit the same to me. Thank you. Very truly yours, ~. Judith T. Terry Southold Town Clerk Attachments . .. .~ . . TOWN OF SOUTHOLD; TOWN BOARD ~id~n of RECEMD fMAY1 "7 wt1 x DBM CO. s....AI..u T-.. c:J..rIc Pursuant to Southold Town Code Article VA for development of an Affordable Housing District x Owner: DBM Co. 443 Main Street Greenport, NY 11944 Surveyor: Young & Young Ostrander Avenue Riverhead, N.Y. 11901 Engineer: peconic Associates Bootleg Alley Greenport, NY 11944 Attorney: William D. Moore Suite 3 Clause Commons Main Road Mattituck, NY 11952 THE PROPOSED PROJECT The applicant is the owner of a 37.5 acre tract of land located between Boisseau Avenue and Yennecott Drive in Southold, New York with the Suffolk County Tax Map designation 1000-055-6- 15.1. The property is more particularly described in the attached Schedule A and shown on the survey by Young & Young made a part of this application. The property falls within the criteria set forth in section 100-55.3(A) in that it is within one-half mile of the Southold Post Office. The owner proposes to subdivide the property into 55 lots of at least 1/2 acre (20,000 square feet). Pursuant to the AHD , . . . ,- requirements, one half of these lots will be sold under the price requirements for affordable housing. The lots will be interspersed among the other parcels to be sold, not separated into a designated affordable housing area. The proposed AHD development of the property is consistent with and achieves the stated purpose of the Affordable Housing District as it provides much needed property at an affordable price within the hamlet area of Southold. In addition, the property is within the franchise area of the Greenport Water System which includes a water main in place on Boisseau Avenue for water service to the property. Moreover, there exists on the property itself, a more than adequate supply of potable water to meet the needs of the proposed project. The surrounding neighborhood is an improved residential area in which properties range in size from approximately 14,000 to 22,000 square feet. Development as proposed for the subject property would consist of 20,000 square foot lots which are in keeping with the surrounding neighborhood. The proposed Master Plan presently under consideration designates the surrounding properties along both Boisseau Avenue and Yennecott Drive as "R- 40" requiring lots of one acre. The stated purpose of the R-40 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit the full development densities where open space and agriculture preservation are not predominant objections. Additionally, the proposed Master Plan encourages a mix of . . . . housing types and level of residential density in and around the hamlet areas to promote the provision of lower cost housing in these areas. The subject property is appropriate for development pursuant to the Affordable Housing District criteria, and if approved as such, will provide 27 lots for affordable housing because it complements and satisfies the stated needs, objectives and goals of the Affordable Housing District. BY:~~~ Richard Israel I Pr........ ud ,h. titl. ;bd hu. be.~. ;'i;"i..i. j,,--,.;~~-;;;;~ J.n1~1i-P,~!";~;:;1 :;;;;Jii,:i:i':'-:""".i:":::-: .h'I~":"::::~I:'::It~~: . .'........ . SCHEDULE A · The premises in which the insured has the estate or interest covered by this policy ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, being bound and described as follows: BEGINNING at a point on the easterly side of Boisseau Avenue dis- tant the following two courses and distances as measured southerly along same from the corner formed by the intersection of the easterly side of Boisseau Avenue with the southerly side of Yennecott Drive: 1. South 22 degrees 31 minutes 56 seconds west 336.68 feet to a point; 2. South 2 degrees 38 minutes 20 seconds west 439.00 feet to the true point of beginning; RUNNING THENCE south 87 degrees 21 minutes 40 seconds east along the southerly line of land now or formerly of Robert Taplin 200.00 feet to a point; RUNNING THENCE north 2 degrees 38 minutes 20 seconds east along the easterly line of lands now or formerly of Taplin, Finne, Goldsmith and Wheeler and through three monuments 452.11 feet to a monument; RUNNING THENCE north 88 degrees 57 minutes 30 seconds east along the southerly line of lands now or formerly of Tuthill and lands shown on map of Yennecott Park, File Number 5187, 924.13 feet to a point; RUNNING THENCE along lands now or formerly of Richard and Laureen Wheeler the following two courses and distances: 1. South 14 degrees 42 minutes 20 seconds east 226.37 feet; and 2. North 88 degrees 59 minutes 00 seconds east 200.02 feet to a point; -continued- 11_71 .. ........ ~ . . SCHEDULE A (CONTINUED) RUNNING THENCE south 2 degrees 32 minutes 10 seconds east along lands now or formerly of Francis and Patrick O'Malley 272.59 feet to a monument; RUNNING THENCE north 88 degrees 56 minutes 31 seconds east 572.59 feet to a point; RUNNING THENCE south 23 degrees 29 minutes 07 seconds east 347.18 feet to a monument; RUNNING THENCE south 55 degrees 56 minutes 20 seconds west along lands now or formerly of Edwin Mooney 902.45 feet to a monument; RUNNING THENCE south 55 degrees 54 minutes 50 seconds west along lands now or formerly of Peter Meyer, Jr., 382.92 feet to a monument; RUNNING THENCE north 6 degrees 00 minutes 40 seconds east 488.47 feet to a monument; RUNNING THENCE north 89 degrees 54 minutes 10 seconds west 672.10 feet to a monument; RUNNING THENCE north 2 degrees 38 minutes 20 seconds east 162.43 feet to a monument; RUNNING THENCE north 87 degrees 21 minutes 40 seconds west 265.00 feet to a monument; RUNNING THENCE north 2 degrees 38 minutes 20 seconds east 336.18 feet to a point; RUNNING THENCE north 87 degrees 21 minutes 40 seconds west 200.00 feet to a monument set on the easterly side of Boisseau Avenue; RUNNING THENCE along the easterly side of Boisseau Avenue north 2 degrees 38 minutes 20 seconds east 50.03 feet to the point or place of BEGINNING. ~ . . STATE OF NEW YORK COUNTY OF SUFFOLK S.ss: On the 17th day of May 1988, before me personally came Richard Israel, to me personally known to be the individual described in and who executed the foregoing instrument as a partner in DBM Co. and acknowledged that he executed the same. JllltfJlh - WILLIAM D. MOOR!! ttlIIIIry Public, Slele of N_ 'IbrIl No. 4832728 OuiIlIfied in Suffolk County c.l.ml llon ExpiIw JalllHlry 31, 1180 ;... .PART 1-PROJECT INFORM.N Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION ub ivision for DBM co. lOCATION OF ACTION (Include Streel Addr.... Municipality and County) Boisseau Avenue Southold Suffolk Count NAME OF APPLICANTISPONSOR More Es BUSINESS TELEPHONE (5161 298-5674 ADDRESS Suite 3 Clause Commons, Main Road po Box 23 Mattituck CITY/PO ZIP CODE 11952 NAME OF OWNER (If dlfferentl ADDRESS CITY/PO ZIP CODE DESCRIPTION OF ACTION Major subdivt?ion with a change of zone to Aff~&ble Housing District (AHD) Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall projec,t, both developed and undeveloped areas. 1. Present land use: DUrban Dlndustrial DCommercial DResidential (suburban) DForest DAgriculture DOther 37.5 EJRural (non-farm) 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 2S of ECl) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? a. Soil drainage: IllIWell drained 100 % of iite DPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? DYes fi()No a. What is depth to bedrock? (in feet) acres. PRESENTlY < 7 'i acres AFTER COMPLETION 3 6 acres acres acres acres acres acres acres acres acres acres acres acres acres acres acres DModerately well drained % of site 2 5. . Appr,,!ximate percentage of p.ed project site with slopes: XJO-10~% 015% or greater site, or district, listed on 010-15% % % &. Is project substantially contiguous to, or contain a building, Registers of Historic Places? DYes DlNo 7. Is project substantially contiguous to a site listed on the Register of National Natural landmarks? 8. What is the depth of the water table? 21 (in feet) . 9. Is site located over a primary, principal, or sole source aquifer? DYes DNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes IUNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) DYes KINo Describe the State or the National DYes Il(]No DYes j(JNo 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes KlNo If yes, explain 14. Does the present site include scenic views known to be important to the community? DYes IONo 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 1&. lakes, ponds, wetland areas within or contiguous to project area: a. Name Wet area at southeast area of orooelbtllize (In acres) 17. Is the site served by existing public utilities? Il/JYes DNo a) If Yes, does sufficient capacity exist to allow connection? DYes I2fNo b) If Yes, will improvements be necessary to allow connection? IjpYes DNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets law, Article 25-AA, Section 303 and 304? DYes [2fNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the Eel, and & NYCRR &171. DYes DlNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes DlNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 37. 5 .b. Project acreage to be developed: 37. 5 acres initially; 37. 5 c. Project acreage to remain undeveloped 0 acres. d. length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off.street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Initially 0 Ultimately 55 35' i. Dimensions (in feet) of largest proposed structure height; j. linear feet of frontage along a public thoroughfare project will occupy is? acres. acres ultimately. %; Multiple Family Condominium 30 width; 40 length. ft. 3 2. 'How l)1uch n'ltural material (.rock, earth, etc.) will be removed from. site?4.1 00 ltlRlI.5i:!wRK~mt 3. Will disturbed areas be reclaimed? DVes ~No ON/A Linear feet of roadway a. If yes, for what intend_~ purpose is the site being reclaimedl b. Will topsoil be stockpiled for reclamation? DVes DNo c. Will upper subsoil be stockpiled for reclamation? DVes DNo ~ ,....' It; ~ " ., 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? .e, acres. 5. Will any mature forest (over 100 vears old) or other locally-important vegetation be removed by this project! DVes ~No 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 6. Will blasting occur during constructionl DVes 1ONo 9. Number of jobs generated: during construction , ') 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? 12 months, (including demolition). (number). month month DVes year, (including demolition). year. DNo ; after project is complete o DVes JPNo If yes, explain 12. Is surface liquid waste disposal involved? DVes IX! No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? DVes DNo Type 14. Will surface area of an existing water body increase or decrease by proposal? DVes I9No Explain 15. Is project or any portion of project located in a 100 year flood plain? DVes DNo 16. Will the project generate solid waste? ~Ves DNo a. If yes, what is the amount per month 55 fflHj{ single family residences b. If yes, will an existing solid waste facility be used? DVes DNo c. If yes, give name Saul-hold Town Landfill ; location Cutchogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfilll DVes DNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. It yes, what is the anticipated site life? DVes DNo tons/month. years. 16. Will project use herbicides or pesticides? . DVes GlJNo 19. Will project routinely produce odors (more than one hour per dayJl DVes J(]No 20. Will project produce operating noise exceeding the local ambient noise levels? DVes IONo 21. Will project result in an increase in energy use? If yes, indicate type(s) Pol ",,.,I-r;,., 22. If water supply is from wells, indicate pumping capacity est. 23. Total anticipated water usage per day 55 ~_II _:J~.. 24. Does project involve Local, State or Federal funding? DVes If Ves, explain >>=JVes DNo 20 Ogallons/minute. single family l(JNo residential scana.race 4 c. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision! IOYes DNo If Yes, indicate decision required: IXIzoning amendment Dzoning variance Dspecial use permit tJsubdivision Dsite plan Dnew/revision of master plan Dresource management plan Dother 2. What is the zoning c1assification(slof the site! Aqricultural - Residential (A-R) 3. What is the maximum potential development of the site if developed as permitted by the present zoning! Aoorox. 16 residential lots 4. What is the proposed zoning of the site! Affordable Housinq District (AHD) 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning! . 25. Approvals Required: . City, Town, Village Board DlYes DNo City. Town. Village Planning Board GlYes DNo City. Town Zoning Board DYes ~No City, County Health Department ~Yes DNo Other local Agencies DYes DNo Other Regional Agencies DlYes DNo State Agencies DYes [XNo Federal Agencies DYes ~No ~-PFrQXI 100 r~'ii';A~n~;:lol l......+-Q _ype Greenport Village Board Zonin9 to AHn'9roj~ct proposed Submillal Dale ~l1hn;,,;c::!inn Subdivision approval sufF_rOlJn~y plAnnina rnmm. 6, Is the proposed action consistent with the recommended uses in adopted local land use plans! Ij(IYes DNo 7, What are the predominant land users) and zoning classifications wilhin a '4 mile radius of proposed action! A9ricultural - Residential (A-R) 8. Is the proposed action compatible with adjoining/surrounding land uses within a '4 mile! IllIYes DNo 55 9. If the proposed action is the subdivision of land. how many lots are proposed! a, What is the minimum lot size proposed! 20 r 000 square feet 10. Will proposed action require any authorization(s) for the formation of sewer or water districts! DYes DNo 1 W'II h d' d d f "d d ' ( t' Pdoss~bly I' 1 . I t e propose action create a eman or any commumty pravl e services recrea Ion, e ucatlon. po Ice, fire protectionll ayes DNo a, If yes, is existing capacity sufficient to handle projected demand! IXIYes DNo 12, Will the proposed action result in the generation of traffic significantly above present levels! DYes IXINo . a, If yes, is the existing road network adequate to handle the additional traffic! DYes DNo, D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them, E. Verification I certify that the information provided above is true to the best of my knowledge, APPlicant/sp-=7If;.BM Co Date !ih/B8 Signature' ,) 'lnr-- Title ~ fbl{ 4ffUCA/V1 I I If Ihe aclion is in lhe Coaslal Area, and you are a slale agency. complele I e Coaslal Assessmenl Form before proceeding with this assessmenl. 5 "'~ ,.. . . TOIVN BOARD. TOIVN OF SOUTHOLD In the Matter of the Petition of NOTICE DBM.Co. to the Town BOJrd of the Town of Southold. TO: YOU ARE HEREBY GIVEN NOTICE: ) . 1. That it is the intention of the undersigned to petition the Town Board of the Town of South old to request a CII'-.NCE or ZONE '1'0 AFFORDABLE HOUSING DISTRICT 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 37.5 acres between Boisseau Avenue and Yennecott Dr~ve S.C. Tax Map 1000- 055-6-15.1 3. That the property which is the subject of such Petition is located in the following zoning district: A-R ZONE 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: AFFORDABLE HOUSING DISTRICT S. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the South old Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the lI)atter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of South old and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: MAY 17, 1988 tild06 Petitioner DBM Co. by William D. Moore Attorney Post Office Address: Suite 3 Clause Commons BIg :.t;< Mattituck, N.Y. 11952 (516) 298-5674 ~ ~ . . c.,. PROOF OF \l'\ILI~G OF ~OT1CE ADDRESS NA\1E ;J 933 159 873 RECEIPT FOR CERTIFIED M NO INSURANCE COVERAGE PROVIOED All NOT FOR INTERNATIONAL MAIL (See Reverse) Senllo (?ar/ ~ Lbc6/? S',," ")'hsJ-,4 Vnr S-f. PO /ltJo/ ~ ert'fied Fee pecral Delivery Fee J ReSfncted Delivery Fee on .. .. - s /.h .. c ~ ., g III E - o ... tIl 0- ". - '.. ~.':. !..;. STATE OF NEW YORK: COUNTY OF SUFFOLK: 55.: "--7' b(J/I.t/.4m D /tJoo/LC .residingat 370 1-c..7Z/~ C."11v~- ,SCU?77'OC/) Ny'. . being duly sworn, deposes and says that on the 17rf.. day of ,?/ /K/ ,19 B8 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the abov ,-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the Town of Southold; that said Notices were r.,ailedat the United States Post Office at SOr/rHO/. t) ; that said Notices were mailed to each of said persons by (certified) (..,i"',,'1 ..,il. ,~~ Sworn to me this 1711- day of 4117-1--____, 19~_ "7 &td~ Notary Public 'AnICIA. c. MOOR! N01AlY PlJ8UC, 51.'e 0' .... YoeI No. 416*1, Suffolk Coumy c......0l'I bpi.. ...... 16. .... .. :.c.n a..... J~ I . . -Donald E. Tuthill 3020 Boisseau Ave. Southold, NY 11971 ~Robert E. Taplin Boisseau Ave. Southold, NY 11971 -Mr. & Mrs. Chester Finne Boisseau Ave. Southold, NY 11971 ~ohn & Henry Simcik Boisseau Ave. Southold, NY 11971 -Robert P. Goldsmith Boisseau Ave. Southo1d, NY 11971 -Steve Moraitis PO Box 58 7955 Main Rd. East Marion, NY 11939 ~Mr.& Mrs. Arthru stewart 900 Yennecott Dr. Southold,NY 11971 --Robert Guiry PO Box 1152 Southold,NY 11971 -Mr. & Mrs. Paul Kreiling 630 Yennecott Dr. Southold,NY 11971 --Donald & Lorna Tuthill 3020 Boisseau Ave. Southold,NY 11971 -Siegfried Bundschuh, 380 Yennecott Dr. Southold, NY 11971 __Mr. & Mrs. Robert Pfluger, 510 Yennecott Dr. Southold,NY 11971 -Peter J. Meyer,Jr. 121 Piquets La. Woodbury, NY _Edwin Mooney 29 Sunset Rd. Bay Shore NY 11701 -Mr & Mrs Richard Wheeler 1215 Tuthills Rd. Southo1d,NY 11971 -Mr & Mrs Francis O'Malley 240 Secatogue La. West Is1ip,NY 11795 -Carl Codan 74 W. Poplar St. Floral Park, NY 11001 -.Mr & Mrs Valentine Stype, 240 Boisseau Ave. Southold, NY 11971 ~Stamatios & Eleni Rapanakis North Bayview Ave. SouthOld,NY 11971 -Margaret Krukowski Boisseau Ave. Southold,NY 11971 -William Moffat Sr. Pine Neck Rd. Southold, NY 11971 .;" "-7 .. ~.n I :, \"blS S laW I "1,1 1 (.__,. . .. . .~{- \ I. i ...... j ,"! ':....::, 1 ~: ! I f ,j" T J D Soulhold. N.Y. 11971 (516) 765-1938 May 12, 1988 Bill Moore Suite 3 - P.O. Box 23 Clause Commons Mattituck, NY 11952 RE: DBM Affordably Housing Project SCTM #1000-55-6-15.1 Dear Mr. Moore: The Planning Board discussed the affordable housing proposal at their last work session. The Planning Board is looking forward to meeting with you. However, they will do so after all criteria for the Affordable Housing District are satisfied. The Planning Board will submit its comments to the Town Board upon its request in the course of the standard review procedure for a change of zone. If you have any questions, please do not hesitate to contact this office. Very truly yours, ~~'.l/ BENNETT ORLOWSKI,JR /~. CHAIRMAN r jt