HomeMy WebLinkAbout1000-55.-6-15.1 (3)
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TOWN OF SOUTHOLD - - . - -
Suffolk COUDIy. New York 516 -765-1801 N9 32892.
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Southold, N. Y. 11971..xkf"r..;;2/19~
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L~~ Of7!too DoUan' 4 ?Oo ad I
:3 G - ~"-& /../-0- - a ('-f' .f _ r:'---U..
Judith T. Terry. Town Clerk
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RECElYED OF-
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For. )M..
ClI8h 0 Chee" fiJ/ tI {O r (: By
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~-,.'-~~~. ,.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
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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)
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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
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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~
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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
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/ 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."
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IN WITNESS WHEREOF, the foregoing Declaration has been executed by the
Declarant on the day and year first above written.
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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
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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'. . ~'.: ,'" '_'
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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,
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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.
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lUIBllO THINeI North 2 ...r... 31 .inut.. 20 ..tODd. ".t 162.43 ltat
t. . ....nt.
21 .inat.. 40 ....... ".t 26'.00 'tat
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IDIIIIO TRIICI North 17 .......
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IURRIIlll THEIIC! North 87 ...re.. 21 .tDDt.' 40 .It.... v.et 200.00. '..t to
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atniIlIRC THERC! .lona tho ...ted, Ii.. e"Uil.I.."".DD.. IIorth . ...r....,.
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York
11971
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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
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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.
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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
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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
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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:
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1. Each lot in this subdivision shall, whe1i"An~.);cl;jed, provide
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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
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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
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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.:
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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 . .
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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.
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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,
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have the
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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
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.
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,
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IUt" FEB 271990
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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.
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.
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
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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
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.
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
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.
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
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9
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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
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have no further obligations, duties or responsibilities pursuantto,or.,,resulting
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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
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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:
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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... .
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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.
'.'
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,
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:~ r
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-
.
.
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.
.
.
~
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HIGH POINT II
AT SO
SECTIO~THOLD
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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
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ITnAT
3ECTION SOUTHOLD
ONE
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LO~ATIO
SC LE' '~'6~ae
TIE IN'
L ft= 40.00'
2. R = 250.00'
....J
L ; 62.26'
L =159.26:
---
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"',
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.
-.-.-.-
.
.
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LOCATION MAP
-SCALE'I ' 600
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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 ~
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[& ~ 0 ~q ~ ,/ijl1
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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
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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
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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
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Charles G. Lind, Chief Planner
Subdivision Review Division
File: S-SD-89-16.2
CGL:mb
Encl.: Map
cc: Edward Romaine, County Clerk
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VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, LI.. NEW YORK 1 1788
IS 161 ~6o-!5192
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'OL.t, TY OF SUFFOLK
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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.
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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
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by ~;{,'~'~.'''''..,,;:.;
Charles G. Lind, Chief Planner,
Subdivision Review Division
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File: S-SD-89-16.3
CGL:mb
Encl.: Map
cc: Edward Romaine, County Clerk
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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
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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
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tlOHN ~!. KOHN
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cc: R. Jacobs
R. De an
MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER
An EQu.1 Opportunity Employ8f' M/F/H
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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
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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
(
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.
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
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SCHEDULE
DESC!l.r!ON OF
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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....
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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.
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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
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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
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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.
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HERBERT R. MANDEL
RICHARD ISRAEL
443 Main Street. Greenport, NY 11944 · (516) 477-2223
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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'
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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
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~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.
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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.
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SOUTHG'.1l TOW'.:
PlAN;.!!,\:r; .:,,-""~fl !
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443 Main Street. Greenport, NY 11944 · (516) 477-2223
.
LAW ornCE5
PETE'" S. DANOWSKI, J",.
616 ROANO~E "VENUE
PO BOX779
RIVERHEAD. NY 11901
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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
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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
,
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HORSTAA RANK
~O\"HOln. NY llll"
11"00.1012 r; II" .I~ 0 m.I, n 1,1, r. r;J~
. .
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.
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
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.
.
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
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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
"
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.
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
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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 _
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.
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.".,
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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~---- --'
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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:
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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
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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} ,
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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.
.
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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
. .. .
.
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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
(
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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\',
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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
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.
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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!
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D TOWN
lNG BOARD
443 Main street · Greenport, NY 11944 · (516) 477-2223
ill
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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
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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
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443 Main Street. Greenport. NY 11944 · (516) 477-2223
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10.5:l: acres
Agrlculturel
Reserve Are.
FOR-SALE
CALL FOR
DETAILS
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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
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" 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.
$
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WHISKEY HILL ESTATE!
BRIDGEHAMPTON
Town 0' South...pton
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ne and Paul Kraeh1ing
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630 Yennecott Dr.
Southo1d. NY 11971
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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
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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.
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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
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iPlanning Board's request\is in response to both further
cw and the concerns of the citizens.
~
Francis J. Murphy, supervisor
Town Board Members
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COUNCILMEN
Raymond W. Edwards
Jean W. Cochran
George L. Penny IV
RUlh D. Oliva
Ellen M. Larsen
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TELEPHONE
(516) 765-1891
COUNCILMEN
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southo1d, New York 11971
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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
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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
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PSOUTHOtD TOWN
LAN/liNG BOARD
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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
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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.
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r--Judith T. Terry (]'
Southold Town Clerk
December 1, 1989
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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.
~~
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1215 Tuthill Road
Southold, N.Y. V197
Nov. 24, 1989
Southold Town Boards and
Affordable Housing Committee
Town Hall
Southold, N.Y. 11971
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Dear Members of the Boards and Committee:
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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 !
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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
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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
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MvnlYI. ~v ;r
BENNETT ORLOWSKI,JR.
CHAIRMAN
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DEe - 4 1989
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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
,
.
.
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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
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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
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~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
.
.
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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
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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'
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"
.
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
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..
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
,...
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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
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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.
\
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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" .~ ,
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, 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,"!,
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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.
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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
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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
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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.
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..,,--'
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/
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'.
.
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
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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
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.
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
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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
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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
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.
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
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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
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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.
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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
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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
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WILLIAM D. MOORE
PATRICIA C. MOORE
....
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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.
,)
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. Ao_
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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
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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
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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
, .
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,-
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
. .
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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
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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.
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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
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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
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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
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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/ ~
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S',," ")'hsJ-,4 Vnr S-f.
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ert'fied Fee
pecral Delivery Fee
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ReSfncted Delivery Fee
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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. ....
..
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a.....
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-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
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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
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