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1000-53.-4-44.1
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W-) + ! rAJi _ m y' p '>• '�) 0 G THAT Trim /\Ar N//.\S kw:)t r,Y Lt9 r•RQ//\ ACTUA -, kvilrN Tilt- 5T/hNUAR75 A).4D 14t/hte?ri'f9 a. -,�,'•u - , - h �t �- w J '�L' , nlu:rsrume, o a gl. J•• °`h m' _. �' ° nRrA. SUKVE-YS CO^- r'LC'TtD J^N. 8 , 1990 /\N f7 TNAT Of- TI•tt suf•FCALI(, COUN'T7 "S,�'1~�.K;(.lrSICN-•f pF.. , '� y`-d/, 4D' ` R P s"n�;, ->q,?y� cy li a � +4�' 4{,86b °SW.FT. . � �40.? 'E, f� 1°j ° GG1hJCIRE'j E^ //\ONU//�L'CNT9 i-lAVb rJtL-Ws r %%T tit/.�LT'1•I .. ?31.7? N ' f'ONfi I •I, _ c4 �s� e -y� 'S�3,o 5°n .v CLpI, 1 -_ I Dry9 { - V, I°O N 5 'sl-I C7N✓N TI•IUdS 0 FJ ex•�srfi 1 __._ i_ _ •v'. ,}.?' el"`�,ti .EAYt ._ /� Nay � 'I :, 8,43o"t.-_. .__ s.- �9.6"U.• II -� _ -4 _ I II N. +}3^�9'4C�" vv, 19.Q - may - NP m '1� 17CR,1«.I�+. •YLI PRDf"t`?.MiIG7MJ�q.L rrNt31 A'(NJ:/ .. 'I« IISS _ 3n S6 I'{•O 16•q.0 144.Q 1 4 A . ' '�, l , -,.-. '1'�D, "i"Ff3"W. �_-.- 5.49•G9 ")�.,, I: 777.Ca - h1'331 nC.� F- LICL NSA L/:1Nf7/ SLl7l$ N N YORK Sth k LI :W3 iMsEY1 x;t * '""*- T•i2 > - -!A'G'�tl► on I`fi•F�`�/ItN T I 8 Y ✓ j T t:kAJ9;t - I 5.45 0� _•S•c� G 4.pC>.e,L', _ _� 5 4'>ti^os,'au• d. _ _ -- - - 1 "`.' v> • 1 1 1 56.12� 10'l Ctl "i IGo.0 r 'T :'37G +�'� I$7.0 160.�7 ' 16C 4 1 � ' 16C1.P� ? �- .6D.p � r - _ eirkit-tN("7RT , NCtW Y'OM1{, @}�LMtNl'QfIT) Wb\Y YCSRW r - . C � I } 1 / hi''Ix� 6c�o Eli •.t�6 .� lI T.ld t= /ti�`�"I�Gw C17 1990 1 Not I'. ° {3 rlca 1 �C j'lllilt /•ANTH f -I•+ -_ ,_ __ -.-__� �JCiijTm0'L� I c)\V a . � N'NI T C 6 ' ° 9 �33', 6 nRtn= ^1,St9 �CI[knS S +{ : b 0 l� R H �R r /fir W i .tL,l'lifi 4@.fi'Y: •t2,166CS SQ.FT f0' x40.O,D SQ.IT. 4o,3Gb SQ.FT. ( aa,onovq,F[. ° 4o oa0 •sQ P`. i 4o 000 si�T. , 4o.boo aq•rt I,n CI-I h Q r MAR 2 1 1991 ��" APR 1 1991 146•AT 1.98.8Y 179.44 16ra..t, 1¢R.n so.a trip, Ib• . h[ 9A•09' 4C)° \V. 2026.4f - W-..-.---/'It' -_ -_ 3�/a' _ L/.•h K1TS h1,P' ShC-Ik- !='ST,'1T t• - . -�� - 1 ST I-lnL,t- D AT-! % � glutvrl�icLn�arnkyTni caPi.~ir ULu� Of" r�au�ra kuemywTXr�ri'aueTrArwT^or r 1 � a - -CX 19,INcS - --.-C �-. �.. --..�-._:--- ---^- p I:�i I � y`I sn' .. 6 I I ,� ,*--.,�..• . .,.,,r_ � N 4 N ...� ie�"_ 4 ,N _ �--�d*-- ---P L/.h N -.__ - .1•"'. - .. �, 7p1•fLi1L T• LO/.lh�• " r _ _� -_ __-l'lT, __r - '•.'FTL•,.mr .n r -..<rr. //: r. ,.... .e-. r .1, ay. , u ,�,nnSlu• NYx YuflL.• �I'Q 1 S �p{� �-T, ems, f , :r,-:- --Aa�,+•.�.t' 'F'`�'s-^ ». {`•' j •T * ;:I 't•Ty),'.•�, (2t _ r 1. ��. FAIN 10 t°RIM MAt Mn �Pj",.u. AI - 'k 'AIH. . . ± r - " , ! ti. , "b • I oww•rk3A •A. f t CLAY ± M Mt - -1-• • i- 1 ... -� ;• F-Muar- 4,N� 0_ Y' (r ,f } 1 '4 ^f-`• g/Ahtn. M+ ' a 4'. 41L� � 1 _ FL , ta• ' '� ah F`- /A11N .Y N 'y y, ``II IIk-I' - _• ! I ' Via . aPWIJ"tR j),,V,u .i 7• f ` �P >N"�Oav •',-4� I'S ,1 " � i ' / °An'11Mnn 1 L4RJ�VkL� •� IN IPAf,i1 (, M.. a i�< _'-'I t" *. u j'• l `• t 1lY ,r/t,.,// WgnPt 4A 16 Ind*', of lr.IFC } �' rf- . 'A •�I �„ I Zo' �I I _ 4S 7° 4� /„/T✓ i7 C .n�nn. to ppv. ' I�wt I r firl7wyhfi J A •AC1''/ " 9AtWfq 'I CiIMvkL . I M,IN. I1 oU£li• 'S /nl N. q { J �i"/ !� ni of Punnrn •R, '-t_.,�1 I,f,ip r . 1 wnTtrn I.. , j - n NI./KIAt''re/cLY1UM{' / .0 pl #ft . 111A41i 3 ,,,.. n '4r#I '8 . • 41R880R1. 1 , V•IL t I: �`' _ ..J _� i ib.t v .cr d T oh1.� a ��YLL•• , ,:' ' y -' . , •,Nwtl7 �.. . ., { �_ I . 1 �, yJLINn a A .. , tN� ^¢ t l 5 .h 1, • i w/ATYIA v,4T.•Xevm; 5, . _.._. _ _- 'h y �y 4� -R_ . •- 444' �`{-�VI\•!'l6CiJ � � - '-� �. _ G .rr- '•`l,+-� c--�L.---SC � l 'y. ^'T ^t' ^�,, ,:^ I 9,7'.1._.._1_ I a' '' r•IUI'R p'-+M'7"^ '� , , • . .-'�(c.P t �'I�� . , r il�. I:• �i y/aTntil 1 / y L(/ LAL�`�`•��({� II aMuiF{`\YL u-:,Y Y.wIs ' L� ,I 1, ' / _ � �- " '.\!1V• A 1 , ��``, M = iGdrBs I L -, _ . _,_. SHEET 2 OI= SHEETS` a� J �D i KaF WiN 0 s.a4.s -mil 18 -� i ` o _�?z o ,, a i h Yi ' p LoT 37 b Lor 1 1L7,7177 2 ' p. 7,7177 ACQES .5NE.ET _. 0"ar 2 � Q kv, a/f.26 - -_ �_ - - - -- - N.43 09' 4a"w- i SAA� ESTArS SUFFOLK COUNTY EPARTMENTOF ip Hauppauge, New York A. IT � IDS gD b � I"•f�Nalr rj� This is to certify that the moposed arr, ieements for water supply C and se a disp0 al for ,�{C1tFS�SEG 1 in the wdhatnal of=37 � h,ts were approved no lne above dace" These(aaiiues must conform to _ dards to atthe time of constructon. Ties construction stan approval shau be valid only m the event said snodlvisiOn/devel" opment plan is duly iiied wl!il the COWIty Clerk within 6 months of this date. Consent is hareny given fol the filing of th;s map on which tills endorsement aap"ars in thel'dfice Of the Camay Clark in accordance with pmvvsions c)ftj;.'PuW:C HL19ith Lawand t6a8urfolk County Sanitary Code \� 51-4,G)} j 7 vvo Aldo Andreoli, P.E. Director, Division of Environmental QualiTy ar 2GF2• MA P O) - TUrFOLZ CO. TAX- PAR.COL : 1000 —3.3 — d — 44.1 \ AUG US l _AC,K ES MAR 2 1 091 J' ,. _ v ,tom ✓ J J '._ 4 { f SEe E gr+ E rC7�e� JWQAQ D5T'AJL6 _ AQSNAA?OMAQUE --- ----- - -- - _ . - . \ _ 7ovvN oj= 6c>uri4oLo 14- Y. r SCAB . IOO ' = /" ' a o Je?O — ZOO 3,oa t I i + - '.. •. '-:•�. MAovKO OC7. 13, 1989 R 11991 " ., ,eDO�,21GK YRN TuYL, RC. /Z. Va,.`. T '"'-r L/GE7ISE'D LAND 61r2vHYOL1 . , •"" " '`t a '� 0�2 E'EHPGiGT, N. Y. - h ros 4 y, k PLANNING BOARD MEMBERS _. SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �e �` 4. _ - Supervisor George Ritchie Latham, Jr. _ Richard G. Ward J '�� 3 IN Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 2, 1991 Karen J. Hagen Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: August Acres SCTM# 1000-53-1-12. 1 Dear Ms. Hagen: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 1, 1991. Be it RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final surveys Sheet 1 dated January 8, 1990, and Sheet 2 dated October 13, 1989. This subdivision received conditional final approval on January 18, 1990, and was endorsed on November 13, 1990. However, as the maps were not in proper form to be filed in the Office of County Clerk, it was necessary that the maps be re-endorsed by the Chairman. The mylar maps, which were endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. The Planning Board has one endorsed paper map in it's file. Please submit four ( 4) additional paper copies of the endorsed mylar. Page 2 August Acres Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. mS Chairman Town Hall. 53095 Main Road DA, P.O. Box 1179 �1 Southold. New York 11971 TELEPHONE (516)7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 19, 1990 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: August Acres SCTM# 1000-53-4-44 . 1 & 44. 2 Dear Mr. Raynor: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Thursday, January 18, 1990. WHEREAS, James Posillico is the owner of the property known and designated as SCTM# 1000-53-4-44.1 and Posillico Construction Company, Inc. is the owner of the property known and designated as SCTM# 1000-53-4-44. 2, located at the south side of Kerwin Boulevard and Bayshore Road at Arshamomaque; and WHEREAS, a complete application for the approval of this Major Subdivision, to be known as AUGUST ACRES, for 37 lots on 50.7797 acres, was re-submitted at the preliminary stage on June 9, 1989; and WHEREAS, a final public hearing was held on said subdivision application at the Town Hall, Southold, New York on December 18, 1989; 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, 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. New mylars and paper prints, as those previously submitted are illegible. Five paper prints and two I 0 mylars containing current Health Department approval, must be submitted. 2. A Homeowner' s Association must be filed for the Park and Playground area. A draft of the document must be submitted to the Planning Board for review. Documentation that the Homeowner's Association has been filed must be submitted prior to endorsement of the map by the Chairman. 3 . if the road and drainage areas are not being offered for dedication to the Town, these areas must be included in the Homeowner' s Association. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Chairman (/ hp -� 11114K449 BY-LAWS OF AUGUST ACRES HOMEOWNERS ASSOCIATION, INC. A New York Not-for-Profit Corporation ARTICLE r NAME IACATION AND PRINCIPAL OFFICE These are the By-Laws of August Acres Homeowners Association, Inc. , hereinafter referred to as the "Association". The principal office of the Association shall be in the Town of Southold, County of Suffolk, S ate of New York. (rl)iC/ y��,L�'h i 1 11.v►_-� �1 } C /DaiRTt( ria(/1 I11, a- The following words when used in these By-Laws shall, unless the context prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to August Acres Homeowners Association, Inc. , a Nov York Not-for-Profit District Corporation. 1000 (b) "Developer" shall mean and refer to Posillico Section Sect Construction Company, Inc. , its successors and assigns if 0 such successors and assigns should acquire an undeveloped or Block developed but unsold portion of The Properties from the Block Developer for the purpose of development. (c) "Declaration" shall mean- and refer to this Lot Declaration of Covenants and Restriction, applicable to The 044.062 Properties and amendments thereto, if any, in the Office of the Clerk of the County of Suffolk, New York. „ (d) "The Properties" shall mean and refer to all those areas of land described in and subject to the Declaration, < and as shown on the subdivision map of August Acres, Section I, a metes and bounds description of which is attached as Schedule A. RUG $ 199U (a) "Lot" shall mean and refer to any, plot, af ,land intended and subdivided for residential uses s1 an the subdivision map of The Properties but>;shall not include the Open Space Area as herein defined. ` ,,; W" 3rno 11114P6"450 l (f) "Member" shall moan and refer to each holder of a membership interest in the Association, as such interest is set forth in Article VI. (g) "Home" shall mean and refer to all units of residential housing situate upon lots on The Properties. (h) "Owner" shall mean and refer to the record owner of fee simple title to any lot, including the Developer with respect to an unsold lot. Every lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vote to which such owners are entitled. (i) "Open Space Areas" shall mean and refer to certain areas of land other than individual lots as shown on the filed subdivision map and intended to undeveloped open space for the use and enjoyment of the owners of The Proportion. (j) "Development" shall mean August Acres, Section 1, a 36 lot subdivision located along Kerwin Boulevard, at Arshamosoquo, Town of Southold, Now York. ARTICLE III - PURPOSE This Association is formed to own, operate and maintain the Open Space Areas for the benefit of the Members of the Association to own, operate and maintain the roads as shown on the subdivision map until such time as the offer of dedication for the roads is accepted by the Town of Southold, and to otherwise act according to the provisions of the Declaration. All present and future Members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members. ARTICLE V - USE OF FACILITIES The Open Space Area shall be limited to the use of the Members or their families residing in their household, and the Member's guests. In the event that a Member shall lease or permit another to occupy his Home, however, the lessee or occupant shall at the option of the Member, be permitted to enjoy the use of the Open Space Areas in lieu of and subject to the same restrictions and limitations as said Member. However, both the Member and the lessee may not use the Open Space Areas at the same time. 11114PA51 clasaSeftion 1. Membership. The sembership interest as follows: shall shall have one member owner Of each Lot on entiretys h Ownership is join as shall be a by the uch each Lot in which the Mier is entity in common or tenancy more than one Y hold a membershipto one vote for exercised the one vote ri entity holds suciintrregt When exercised as ota ersobutabla to such Lot exceptionsuch persons shall in any ors of cumulative v mutually determine with Directors, not more oting emplo ad but with to any such Lot. No ember one vote may beicast withcitdaPe of ct . on any motion, resolu ieonecr°hall cumulative voting ballotplit or divide its votes Directors. g Procedure other than in the employed in the election Of at least 1' present init of the to al authorizedSO Member, a shall represent requisite Person or presented b of all to and shall constitute a written Members of the Association for the transactionProxy shall be am otherwise provided b a at all meetings _-Cartilicate of inco Y statute, by the business, eXCept By Laws. rPoration of the An. Ds ionati b' the represented at however, such entitled at any meeting Of the °hall not be Y these to vote the�aat the Association Present or by written proxy, shall Present in person or the Members adjourned At least days,the power to adjournPtheented meatin five y written notice of such adjourned meeting shall be given to usinall Members. have been transactadat theasa may be tranaaa which At might such adjourned meeting, the a at least 33 9, so man Meeting originally called, might shall constituteoa the total y members as ®hall At quorum, authorized votes o represent ! all Members Section 2. Vote quorum is present at an Required to Transact the Members present Y meeting, the voteeiness. When a i Proxy shall decide in Person or represented bof y majority of f and such vote shall be quest ion brou Y written question is one u binding upon all before such meeting Statue, Declone upon which by express Members, unless the these By-Laws Certificate o Provision of the !' such e a different vote f Incorporation or of decisionre!°suchvisions shall governeandreontrol the case questions. Section 3 Right to Vote. Members to vote either,in person or by pro be entitled shall at any meeting Of the • 111AK452 Meeting Association. y such Proxy shall onl subsequent adjourned meetings valid for Section 4. All g thereof, such be tiled with thesecp proxies shalltbe in writinging and shall the same are to used.Secretary Prior be made in the minutes o! A notation the such proxies which the meeting. °uch proxies shall Section 5. Waiver the membership at a and con, Wherever Statue Or b seating in re the vote of of Incorporation y any Provision quired or permitted b connection orati am or these tithe Declaration Y action y-Lawe to he Certificate and vote of the masbershi of the Association ken in Members who would have been be tha meeting it such Neatly entitled dispensed with if all action bsin a were bald. shall consent vine q taken. writing to action Section 6. g to such at anY suitable place of meeting. designated b Place convenient to }Ma:tings shall be held notices of sum aea� of Directors48 and designated the Section 7. Annual membership of the MU41 Meetings. In fixed b The annual neetin shall be Y ° Board of Di On shall be held o g Of the Directors ad by ballot At such n such date as VIII of in accordance °t the aeabershi aaBoaz there Other these By-Laws. with the re P a Board of business and ma The the °f 1►rticle a Y Properly coma ay alsothaaact such Section e, meeting. Qz the president to callialspaaialg" It shall be the It so directed b Meeting of duty Presentation to Y the Board of Directors the Association! majority the secretary of a or upon the 1 of the Members. Petition signed by a he section 9. Notice a t e the Secretary to malloa noticegof each a the Y s. meeting, a it shall b° duty butPlace where it is the Pu held hereof as wo11 as o r to be special Mailnot more to as the time and g of a notice in Y, days priorhtoe h at least ten, shall be considered notice manner these The servad,provided in these By_Laws Section lo. Order of Business. at all meetings shall be as follows: The order of business (a) Roll Call (b) proof of notice of meeting or waiver Of notice (c) Reading of mi �d) nutes Of Preceding Report (a) Report o Of f Officers seating amittees 1111414M (!) Appointment o! inspectors of election event there is an election) (in the (9) Election of Directors (in the event there is an election) (h) unfinished business (i) New business VIII - Boson na Section 1. Number and Term.which shall constitute the whole Board shall not barleasrs than three nor more than live. An initial Board consisting Of three Directors shall be designated by the Developer to serve until the meeting and at all subsequent annual mDirectors eetings, the Members shall vote for and elect live successors thave been o serve odule yerto andand until their Directors, other than those the elected and qualified. A11 right to designate, must be either members p shall have the Association or immediate family either r of the nq in the Member's home. Each Director shall be at least nineteen Years of age. Section 2. Cumulative Voting and Right of Developer to Designate certain Board Members.Directora, each Member shall be In an election of en shall equal the number Of Directtitled to as many votes as Member may cast all ors to be of such votes for a single eleatsd and a may distribute them among two or more Directors orsDas he irectosees a lit. NotwithstandingW the right to designate the foregoing, the Developer shall have anniversary date etrecord ngree cofrthe Decla until aration or until 514 of the Lots in the Davalopmantthe are sold, whichever is sooner. Thereafter, the Developer shall have the right ae to designate one Director for so long as it holds at least one membership. The Developer may not cast its vote to elect any Directors in addition to the designated Directors set forth above. Section 3. Vacancy and Replacement. If the office of any Director becomes vacant by reasons Of death, resignation, retirement, disqualification, removal from Office or otherwise majority Of the remaining Directors though lase than a quorum, a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect Of'which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by the Developer resigns, the Developer shall have the right to appoint another Director in his place. {i 111%PA54 Section 4. Removal, Directors may be removed for No cause by an affirmative vote of a majority of the Members. continue tto�serve ron theaBoardgif, durinee of g Sponsohis r, shall oflice, he shall cases to be a Member. 'jr Section 5. powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate Of Incorporation or by these By-Laws, directed or required to be exercised or done by the members or Owners personally. These powers shall specifically include, but not be limited to, the following items: 1• To determine and levy assessments provided for in the Declaration.the monthly The Board of Directors may increase The or vote a special assessment in excess of that amount, if rexp required additional necessary eenses. to mast any 2. To collect, use and expend the assessments. 3• To maintain the open spacearea, as designated on the subdivision map of August Acres, Section 1. 4. To maintain the roads as shown on the subdivision map of August Acres, Section 1, until such time as the offer of dedication for the roads Town of Southold. is accepted by the 5. To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts., 6 To collect delinquent assessments by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations Of the house rules or rules and regulations herein referred to. 7• To make reasonable rules and regulations and to amend same from time to time. Such rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered a copy Of such rules and all amendments to each Member. Such rules and regulations may, without limiting the foregoing, included reasonable limitations on the use of the Open Space Area by guests of the Members as well as reasonable admission and other fees for such use. 8. To employ workman, contractors and supervisory personnel, to purchase supplies and equipment, to enter into contracts to provide maintenance and other services and generally to have the power of Directors in connection with the matters hereinabove not forth. 9. To bring and defend actions by or against one or more Members and pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. 10. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, each of such committees to consist of at least three Members, one of whom shall be a Director, which to the extent provided said resolution or resolutions shall have management of the business and affairs to the Association and may have power to sign all papers which shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. Section 6. Compensation. Directors and officers, as such, shall receive no compensation for their services. Section 7. Meetings. i (a) The first meeting of each Board newly elected by the Members shall be hold immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. I (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special Meetings of the Board may be called by the President on two days' notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two Directors. s A Zi 1149456 (o At all meetings of the Board, a majority Directors shall be necessary nd quorum for the transaction f bu sufficient to costitute a thirds majority of the Directorssinesa, and an which there is present at act o! a two- Directors a �O shall be the act °! any meeting at by Statue�or beet as may by the otherwise ctofthoard of quorum shall n t be Declaration or by these B specifically Provided Directors present Present at any seating Y-I'awa' If a to time without thereat may adjourn g °f Directors, the meeting' notice other than a the meeting from time until a quorum shall be present!lnaement at the (o Before re at any meeting of the Board of Directors, any Director may, in writing, waive such meeting and such waiver shall be deemed the giving of such notice. notice o! meeting Attendance by equivalent to the timeoand a Board shall be a waiver o! notice bor at any Present at rnYlmeeting ace ero=fth•It all the Directors aare °f required and any business Board, no notice shall be may be transacted at such meeting. Section 8. Annual St such The Board of shall furnish to all Member$ and shall the annual meeting) Directors Members at an aand when called for by present annually (at clear statement special meeting of the �' a vote of the the Association o! the business conditions , a full and loss statement varitiedibg a balance and affairs of a stet Y an indapend set and Profit and Members and aenoticegofny taxable inc ome attributic accou nt and Association members. the holding o! the annual meeting able to he of Section 9. Fidelity Gonda. The Board of Directors shall require that all officers and employees of the Association handling or responsible for Association funds shall furnish adequate fidelty'bo The premiums of such nds. bonds shall be an expense Of the Association. i Section Associationsh* Elective Officers. The Officers of the shall be a President,b chosen by the Board of Directors and Treasurer. The Board OfVDirectors ice dmay a Secrete more Assistant Secretaries and Y also choose onador Other officers as in their Assistant Treasurers Officers must be either membarsmolt may ba necessaryand such Members of the Association the Board of Dictoral to the use of the Pro e ' or lessees o! occupants entitled or permittingP rties in lieu of the Member renting Two or more fficestO occupy the Home in which may not be held by the same they reside. ection Person. first smeetin 2. Election. The Board of Directors at its g alter each annual meeting of the Association 11114PC457 ��rs, shall `, me�gber O f' the Bo r urd. eras1�1 t, a Vice such Section3. A y the President dent, a who eb�i r Officeri°tntive pfticers, must be a detrcisa eachd their of agents as ermined !r powers and ices for it sh,,, and as Om time onga sectionto Perform such termdeem nee appoint 4ua iOd °f ena Perl . Terra. The a by the Boasuch rd. a and g all be the Boar in their Or unteadil °fticors hall Bat oard u=1me f byr"ors ma b Pacer eta air suc e8 ra late a for a notthe ice" DIrec was gi.tors preairmativaemoved wi ted or a chosen and agenda given to ant at vote of th or appointed b becomes va tOr such mee Board much meetin majorIt Out cause Y the Boa cant for tang. efters g• Provid °! the Chief Section of Diraotorm. _thy vaca�0f or am sae on do p tall mQCUtIVe In Officer led Wail b ,,car coWeit rectors shall of the Alec the AS�l President bus tees, be aalln °iation ation� Wall be the have u Oas ng o e AssocI ineralcandmembar em all bargo thelRoP ei e thethe Ch Office cthor.powe°ard are oharll aeeitbatanagyentdt y of Not-tor_pZof t Preside t duties ias into are e!lt�t orders! the whenetake and sectlshall °the • The VI eCorporation Law Of"a O a°rganiz ea all I shall er the prylace of a resident. ate of New under the Office Othersident ahallPresidnbe abet The Vice York. POvera resident and Porroz., ork. the Not for Pro egide t and d!i s as are ant or aabl o is d ties Assis e tiOn 7, The !it CorporatiOn Law°loth rgani atddact tn and all meetin7a steal retarl,, state Of New °�i Purpose Minutesthat a Of al Of l pr ton MTend lhl gesstonrY and/or given tmc s when rmhall Pert*edinge rm Ilk era; and record f the Bospecla erf al su tla o 1 meeting ehall give duties the to be kept fk all or s Derto shall bet°s or other d tDI esoasd Of treef A8130tation Mause standing y the Praideny uaPres gibetors GrAbors d all and the custody of'tha a Tre atrer, The der whose supertvhision he ion The a�rde secuerities abave 11114PC44 shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. Section 9. Agreements, etc. All agreements and other instruments shall be executed by the President or such other person as may be designated by the Board of Directors. i ARTICLE X - NOTICE Section 1. Definitions. whenever under the provisions of the Declaration of these By-Laws, notice is required to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper addressed to the Board of Directors, such Director,- or Member, such address as appears on the books of the Association. Section 2. Service of Notice - waiver. whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE XI - AMENDMENTS These By-Laws may be altered, amended or added to at any duly called meeting of the Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least sixty-six 11114*59 and two thirds aaendmant, howevarcant (66 2/3;) of the Me Priority of the MembeTalI affect or im a tubers' No holders of a mort a interests andp it the validity or j� Y amendment hays aaof°l trolg a Mambor�e�teatNoT shall an Assoc, rogra right to make m infringing u Association available to e�ership in or Pon the Of The properties. Purchasers or use of the lessees Of the Lots IFT r P Section 1. Selling and Leasing conveyed or leased by a Member free f an except that no Member shall convoy, of any lot may be hypothecate Y, mort Y restrictions unpaid Associationoe lease his Lot Unions Pledge, have been paid as direct®ao assessed against the all unpaid Association e Y the a rOf Lot shall Proceeds from the saleeofa®' however say be Paidtort. Such sal• or lease o! a Lot in violat or ion o! the Grand out Any the voidable at the election of the this ction shall be Oleits idesi request l a Member oeff hi of Directors. unpaid chargesg shall lurnish a his mortgagee, the Board conclusivev Us dencafro thach Member statement of the ember which shall be to the date of the statamantayment o! amounts assessed made by the Board for the issuance ssu A reasonable charge may Prior once of such statements. acquisition ofsaolo of anmort section shall not apply to the to such Lot b lot b b Bea who shall acquire title foreclosure. Y foreclosure or y deed in lieu of the Lot which wereueasassed the unpaid assessments acquisition of title to and due prior toa�anst doomed waived b such y such mortgages °that members of the aBOciation and shall be a shall be Provisions shall the Association as a common expense red to all are assessed 'ani' however' apply yrto anhe . such to su Y such which mortgagee t by the mortgagee and to any acquisition Purchaser Of title m such it shahenever thethermmotLot" is referred to in , the Members this section, Association and by the Associatine Member's interest inn anreat in the Y Lots acquired Section 2 bGiftstc Y giftaduring h member may convey transfer his Lot or Lot by will or pass the same b his lifetime or devise his restriction. Y intestacy without -.� 11114460 ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND BEING IN ARSHAMOMAQUE, ,DOWN OF SOUTHOLD, COUNTY OF SITUATE,OFSUFFOLK AND STATE AND NEW YORK KNOWN AND DESIGNATED AS "PROPOSED MAP OF AUGUST ACRES SEC OF 1" AND TO BE FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK, Mr-RE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST SIDE OF KERWIN BOULEVARD SOUTH OF THE INTERSECTION OF THE SOUTHERLY LINE OF LANDS OF THE LONG ISLAND RAILROAD COMPANY, WITH THE WESTERLY LINE OF KERWIN' WHICH IS THE FOLLOWING COURSE AND DISTANCE: B SOUTH 34 DEGREES, 59 .MINUTES, 00 SECONDS EAST 872. 22; RUNNING THENCE ALONG KERWIN BOULEVARD THE FOLLOWING THREE COURSES AND DISTANCES: 1) SOUTH 34 DEGREES, 59 MINUTES, 00 SECONDS EAST 42.80 FEET; 2) SOUTH 68 DEGREES, 22 MINUTES, 50 SECONDS EAST 196 . 51 FEET; 3) NORTH 79 DEGREES, 54 MINUTES, 00 SECONDS EAST 209. 32 FEET TO THE NORTHWESTERLY CORNER OF LAND OF RUTKOWSKI; THENCE ALONG SAID LAND OF RUTKOWSKI SOUTH 10 DEGREES, 06 MINUTES, 00 SECONDS EAST 125. 00 FEET; THENCE ALONG SAID LAND OF RUTKOWSKI AND ALONG THE SOUTHERLY AND SOUTHWESTERLY SIDE OF THE MAP ABOVE MENTIONED, THE FOLLOWING THREE COURSES AND DISTANCES: 1) NORTH 79 DEGREES, 54 MINUTES, 00 SECONDS EAST 687. 17 FEET; 2) SOUTH 44 DEGREES, 12 MINUTES, 40 SECONDS EAST 908. 48 FEET; 3) SOUTH 61 DEGREES, 11 MINUTES, 30 SECONDS EAST 159. 50 FEET TO THE NORTHWESTERLY CORNER OF LAND OF W. KALBACKER; AND LA PORTA; THENCE ALONG THE LAND OF W. KALBACKER AND LA PORTA THE FOLLOWING THREE I COURSES AND DISTANCES: 1) SOUTH 46 DEGREES, 48 MINUTES, 40 SECONDS EAST 150. 16 FEET; 2) SOUTH 44 DEGREES, 19 MINUTES, 30 SECONDS EAST 139. 74 FEET; 3) NORTH 60 DEGREES, 00 ,MINUTES, 00 SECONDS EAST 91 . 0 FEET; THENCE SOUTH 27 DEGREES, 08 MINUTES,LAND OF ADA.M PEKUN{A; 00 SECONDS EAST 50 . 06 FEET TO THENCE ALONG LAND OF ADA.M PEKUNKA THE FOLLOWING TWO COURSES AND i_ 111149462 Sect R V p Associationnsl Figoal Year. Directors, hall be fixed by resolutThe ionlo!®ar of the Section the Board or Inscribed 2, Seal. of its thereon the n The Association seal s York. he seal ma°n under me the me Aso=°cation and hall have thereof to seal y be used by laws the State the Year reproduced.be impressed or aftXedr New caus r it cr a facsimile or in any manner Section 3. Examination or Mier, or their respective Books and mortgagees representatives andds� Each the books ' shall be entitled to reasonable records of a reasonable a first Declaration notice to the Association at examination o! Certificate Board of DirectOat any time upon the Association shall be availablioration and The _ Member. or first mortgagee at the ! Association. for inspection by anys ° the principal office or the Section singular form orConstruct . he prono'on- Whenever the shall be construed to mean the masculine Y_Lawsneuter, sin � is used in thee• required. 9ular or plural, whenaeverline thePfeminine or • it context so Incorporation the case of any conflict rporation and these between control. BY-Laws' the Certificate of the Certificate shall Section 5, Saverability, Should unenforceableiaions herein imposed b Of these g law or in e Y or become a Covenants, !ores and Y-Laweffec , shall, nevertheless,the remaining provisions remain in full 111149463 � THE UNDERSIGNED Directors hereby certify that they have adopted the foregoing By-Laws as the first By-Laws of the Association, in accordance with the requirements of the Not- for-Profit Corporation Law. Dated: Sucy 3/ ,1990 AUGUST ACRES HOMEOWNERS ASSOCIATION, INC. By: A2 ,K� HONY SI CO, D rector By: ANTOINETTE POSILLICO, Director _ �—dAMES A. POSILLICO, D rector STATE OF NEW YORK) ) Be: COUNTY OF SUFFOLK) On the 3/ 1 day of July 1990, before me came Anthony Posillico to as known, who, being by as duly sworn, did depose and say that he resides at No. 600 Bryant Street, Westbury, New York 11568, that he is the Director of August Acres Homeowners Association, Inc. , the corporation described in, and which executed, the foregoing instrument, that it was so executed by the order of the board of Directors of said corporation; and that he signed his name thereto by like order. MAW POSUCO Notary"Wb bmo of Now Yoh �IicC No.304VO354 NOTARY PUBLIC Oud[%W m Noma County C4 mniwon Evom Nov. 41. 199„ 111149464 STATE OF NEW YOB) COUNTY OF SUFFOIK) ss' On the 3. =T Antoinette posillicoda of Jul sworn, did depose me known Y 1990, before ma c Lana, Old West and say that I who, being by ma duly Director Ct r}', Naw York, 11568, that she corporation August Acres Homeowners resides a te, a August instrument, that in, and whit Association ° board of Directors was so exec h executed Inc. , the her name thereto b of said Cc uted the Pore going MARIOCP.o_-siuico Y like orde�Oration; and that Ser he the d Public' SPWO of Ne1M y01k . 304Vg3U QYOiirlld'A Nassau Co YII aswn Expires Nor. b, 1 #6 i STATE OF NEW YORK) NOTARY PUBLIC COUNTY OF SUFFOLICj as.. James On the 9i ;` did depose posillico tcaY of July 1990 did d pose and say thate known, who , ' before me came Avenue,Au Sayville, Nev he resides at by as dul co °t Acres go York 11709 No• 239 ga y sworn, rtrum Ion des 10°ownars Ass that ywille instrument, that ibed in 0ciation, Inc=, the the Director board of and which executed Directorst was so executed b his name thereto by of said Co Y the order ofore foregoing eonRio the O *lika orde�oration; and he signed Noisy public,s a N that ouair,.d;x4vejNassau ^ Comm:ian e expires Co 19 PJ 29iY_l,aws N�'ARY pUBL2C • i . i N r z C W c-- L s/fii 'OOTY do 'Douto 00 MIMUTZS, 00 SECS NEST 479.13 FEET; 1 =) SOUTH 47 DEGREES, 43 MINUTES, 30 OF CHARLE3 SECONDS NEST 374.36 FEET To LAND S. SAGE ESTATE, NORTH 43 DEGREES, 09 MINUTES, 40 SECONDS WEST 2026.41 FEET; a THENCE ACROSS OTHER LANDS OF THE PARTY OF THE FIRST PART, NORTH 46 C4 DEGREES, 50 MINUTES, 20 SECONDS EAST 316.45 FEET TO THE WEST SIDE OF KERWIN BOULEVARD, AT THE POINT OR PLACE OF BEGINNING. !"1 ~ EXCEPTING THEREFROM LOTS 556 AND 557 AS SHOWN ON MAP NO. 1124 FILED MAY 19, 1933 "AMENDED MAP OF PECONIC BAY ESTATES" . t ( END ) t 3 RECEIVED April 17, 2023 R Mr. Donald Wilcinski, Chairman 6uttod Towa�e,._` Planning Board Nannar . s ,._..._......._... 53095 Main Road Southold, New York 11971 Dear Mr. Wilcinski: am writing to you in reference to a request for a variance at 190 Pheasant Place, Greenport, New York. The owner is requesting a variance to build an accessory apartment over an existing detached three car garage. The property is in August Acres, which consists of 35 single family residential homes. There is a Home Owners Association, that has Covenants and Bylaws. There are no other accessory apartments over detached buildings. There is one hone that attached an apartment to her her home for her mother. Mr Pagnozzi states that he is building this accessory apartment for his daughter. He changed his driver's license and voter registration to 190 Pheasant Place to satisfy the full time residency requirement. I live very close to 190 Pheasant Place, and I rarely see him there. When I questioned him about that after the Board of Appeals, he stated that he was a developer and has many properties. August Acres Home Owner's Association is planning to amend it's Covenants and Bylaws, hopefully to prevent any further accessory apartments over detached buildings. We all know that Mr. Pagnozzi does not live full time at 190 Pheasant Place. I do live full time at my home, and hope that the Planning Board does not allow this kind of development to continue. Sincerely Dorothea Salzberg 2890 Kerwin Blvd. Greenport, New York 11944 ♦ v /, d Y. MAJOR SUBDIVISION Complete application received Yield map received Application reviewed at work session ,xro.� OK ixro. Applicant advised of necessary revisions IFE Revised submission received iuo. OK AW_qL ❑ Sketch plan approval -with conditions Lead Agency Coordination M a$I es SEQRAdetermination t > fly rc <,N"� P�.sae. /s(a5 Preliminary maps received Preliminary maps reviewed at work session -revisions ,xno. OK Road profiles/drainage submitted ra ix�o` OK ti OK -revisions mro. Road profiles/drainage reviewed be Engineer uro. OK ixro. i Sent to County Planning Commission Receipt of County Planning Report 11NM Ia Review of SCPC report Preliminary hearing Preliminary approval -with conditions Sent to Fire Commissioner Receipt of firewell location Notification to applicant to include on final map Draft Covenants and Restrictions received Wo.IrA OK Draft Covenants and Restrictions reviewed PNF&L OK Filed Covenants and Restrictions received Bond estimate submitted Bond adopted by PB Bond adopted by TB Payment of bond Payment of inspection fee Determination of park&playground fee Park&playground Fee adopted by TB Payment of park&playground fee 1(� Open Space documents 2 O J4d� 0 feer: VO Documents reviewed by TA A OK Receipt of mylars and paper prints with ry�4o Health approval Final Public Hearing Approval of subdivision -with conditions i ^ Endorsement oFsubdivision 117189 Ir --Apes MS Tam, n'c„ lk7an Patrick and Kathleen Rice , 1180 August Lane Greenport, New York 11944 January 13, 2003 Town Board Members RECEIVED Town of Southold 53095 Main Road F E B - 5 2003 Southold, New York 11971 Southold Town Clerk Re: Dedication of roads—August Acres Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has filed an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our community. n e Patrick and Kathleen Rice Dennis and Pat Pembroke 2710 Kerwin Blvd. Greenport, New York 11944 January 13, 2003 Town Board Members RECEIVED Town of Southold 53095 Main Road FEE - 5 2003 Southold, New York 11971 Southold Town Cleri Re: Dedication of roads —August Acres Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has filed an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our community. Sincerely, Dennis and Pat Pembroke Michael and Marco Posillico 8 August Lane Old Westbury, New York 11568 January 13, 2003 Town Board Members RECEIVED Town of Southold 53095 Main Road F E B - 5 2003 Southold, New York 11971 Southold Town Clem Re: Dedication of roads—August Acres Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has filed an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our community. Sincerely, 1 Michael and Marco Posillico Harry and MaryEllen Bondarchuk 2825 Kerwin Blvd. Greenport, New York 11944 January 13, 2003 Town Board Members RECEIVED Town of Southold 53095 Main Road F E 0 - 5 2003 Southold, New York 11971 Southold Town Clerl Re: Dedication of roads—August Acres Dear Sirs: We understand that the Superintendent of Highways has recommended that August Acres be dedicated to the Town of Southold. We also are aware that Posillico Construction Co. Inc. has taken all steps necessary to bring about a dedication of the roadways in August Acres, and has filed an Application, a Dedication and Release, a Consent as well as an Order to lay out the roadways with the consent of the Town Board. We support Posillico Construction Co. Inc.'s application to bring this about, and ask that you immediately sign the Consent and have the Superintendent of Highways immediately sign the Order. Thank you for your prompt attention to this important issue for our --- -community. Sincerely, Harry' d MaryEllen Bon chuk Highway Department `"� Town of Southold@] Peconic Lane Peconic, N.Y. 11958 RAYMOND L.JACOBS Tel.765-3140 Superintendent 734.5211 Fax 765-1750 November 9 , 2001 Ms, Elizabeth Neville Southold Town Clerk Southold Town Hall 53095 Main Road Southold , New York 11971 Re : August Acres - Major Subdivision SCTM#1000-53-04-44 Dear Ms . Neville : I have reviewed Mr . Richter ' s report on the above mentioned subdivision and concur with his findings . I recommend August Acres be dedicated to the Town . Re ctfully , Re mond L . Jacobs Superintendent of Highways cc : Bennett Orlowski , Jr . James Richter Dili �• °"•' D Vi NOV 13 2Uut Southold Town Planning Board 11/09/01 FRI 13:37 FAX 516 765 1366 Southold Town Accounting 0001 JEAN W. COCHRAN ° JAMES A. RICHTER, R.A. SUPERVISOR ; ENGINEER TOWN HALL - 53095 MAIN ROAD �y • TOWN OF SOUnrOLD,N13W YORK 11971 Fe (516)-765-1366 1 Qt' Tel.O W-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Raymond L. Jacobs August 20, 2001 Superintendent of Highways Peconic Lane Peconic, New York 11958 Re: August Acres—Major Subdivision SCTM #: 1000 - 53 - 04 -44 Dear Mr. Jacobs: The above referenced subdivision has been completed and meets the minimum requirements for construction as approved by the Planning Board. As you know, this subdivision has drainage problems during periods of heavy rain. Excess amounts of rain during the spring season has created elevated water tables above the surface of the road along the low areas of August Lane and Pheasant Place. The sumps have been cleaned and will function as originally designed but road run-off cannot be recharged back into the ground when the water table in the area is excessively high. The drainage problem within this subdivision is a direct result of the original design that was approved by the Planning Board. The current owner of the site was not the original developer and has done everything possible to correct the problem. It has become apparent that the only possible solution would be to raise the road in the affected areas by several feet and require the adjacent homeowners to fill in their basements. This would become a major burden for the current owner and have a major impact on the surrounding community. I do not believe that this is a practical solution to the problem and the subdivision has been constructed and completed under the specifications and requirements that were approved by the Planning Board. At this time, I would recommend acceptance of the road and drainage areas for dedication to the Town. If you have any questions concerning this report, please contact my office. Si ely, ames A. Richter, R-A. cc: Bennett Orlowski, Jr. (Chairman — Planning Board) Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L.JACOBS Tel.765-3140 Superintendent - 734-5211 LL91III FEB 27 2001 February 27 , 2001 Southold Town Mr. Bennett Orlowski , Jr . , Chairman Plennlnq k1rd Southold Town Planning Board 53095 Main Road Southold , New York 11971 Re: August Acres -' Road. Dedication SCTM #1000-53-04- (44 . 39 , 44 .41 & 44.43) Dear Mr . Orlowski: In reference to the above mentioned subdivision and Town Engineer James Richter ' s letter of February 27 , I concur with his report and recommend dedication of the roads and drainage areas of August Acres . r fully , .kA — L . Jacobtendent of Highways cc : Town Clerk Town Board Town Attorney �511FF01,( JEAN W. COCHRAN �� � JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD �y •. TOWN OF SOUTHOLD,NEW YORK 11971 Fa . (516)-765-1366 . l a' Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD February 27, 2001 Raymond L. Jacobs Superintendent of Highways Peconic Lane Peconic, New York 11958 Re: AUGUST ACRf-S — Dedication of Roads, SCTM #: 1000 —53 — 04 — [44.39, 44.41 & 44.43] Dear Mr. Jacobs: My final inspection of the above referenced subdivision has been completed. The street signs were the last remaining construction items to be completed and they have been installed in the required locations. At this time, all of the road construction items required by the Highway Specifications have been completed in a satisfactory manner. Legal descriptions of the Roads and Drainage areas were submitted on January 17, 2001 and copies of the survey map were delivered to my office today. I will be forwarding the surveys to the Clerks office with a copy of this report. The legal descriptions and surveys submitted by the applicant are accurate and meet the minimum needs for dedication. At this time, I would recommend the approval of the dedication for the road and drainage areas in the August Acres subdivision. If you have any questions concerning this report, please contact my office. Sinc ely, ames A. Richter, R.A. cc: Elizabeth A. Neville (Town Clerk) Gregory Yakaboski (Town Attorney) Public Works Department Town of Southold �g Peconic Lane G RAYMOND L.JACOBS Peconic, N.Y. 11958 Commissioner Tel.765-3140 734-5211 October 20 , 2000 Mr . Bennett Orlowski , Chairman ►r/ Southold Town Planning Board V Southold Town Hall D 53095 Main Road �� � 2 3 Southold , New York 11971 2000 Re : August Acres Signage Southold Town SCTM#1000-53-04-44 Planning Board Dear Mr . Orlowski : I concur with the Town engineer ' s final report of October 18 , 2000 in reference to the signage in the above mentioned subdivision . Respec lly , Ra06 L . Jaco� Super ntendent of Highways cc : 'James Richter Town Engineer sUFFO(,�c JEAN W. COCHRAN JAMES A. RICHTER, R.A. SUPERVISOR EN yam TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTH Fax. (516)-765-1366 � Q�' Tel.(516 OCT 2 3 2000 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Southold Town Planning Board Raymond L. Jacobs October 18, 2000 Superintendent of Highways Peconic Lane Peconic, New York 11958 Re: August Acres — Final Road Inspection Kerwin Boulevard, Greenport, New York SCTM #: 1000 — 53 — 04 - 44 Dear Mr. Jacobs: My last report concerning the above referenced subdivision was dated May 11,1998 and it recommended seven (7) items of work that should be completed before dedication of the road and drainage systems would be approved. All of the items listed in that report have been completed in a satisfactory manner with one exception. The damaged or missing street signs (Item # 5) have not been replaced. I have inspected the existing signs throughout the subdivision and recommend the replacement or installation of the following signs: 1. Four (4) Stop Signs 2. Five (5) Street Name Signs Kerwin Boulevard & Sage Spur Kerwin Boulevard & Pheasant Place Kerwin Boulevard & August Lane Pheasant Place & August Lane August Lane & Wells Lane 3. Two (2) Children at Play Signs Please review this list of signs. If you concur, I will notify the Owner as to the type and number of signs required. I will also notify him that sign orders may be requested through your office to ensure compliance with Town Standards. If you have any questions concerning this report, please contact my office. Sinc y, Ja es A. Richter, R.A. CC: Qdow*.u,Jr. (%hairman—Plan ng ard) ARTCO Drainage Corp. s Anthony Bellissimo 379 Wellington Road Mineola, New York 11501 Town of Southold P.O. Box 1179 Southold,New York 11971 To Whom It May Concern: We, Anthony and Marian Bellissimo, have purchased a house on lot #18 on August Lane in August Acres, Town of Southold, Village of Greenport we are willing to except the responsibility of seeding and landscaping the property. /Very truly yours, � Anth y Bellissimo pUJ a• LMrn1 yYw nRv aue�c. N0.4dtib y79.1p` o00 a ,outhold Tomfn pjz4nning Board ELIZ.ABETH A. NEVILLE �_� Gy� Town Hall, '>309514 r, Road TOWN CLERK H P.O. Box :.179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER y�o! .�`� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: James Richter, Town Engineer From: Elizabeth A. Neville, Town Clerk Re: Highway Dedication of August Acres Date: January 17, 2001 Please be advised that I received the enclosed legal descriptions for August Acres subdivision in today's mail. Please review and advise. Thank you. Cc: Raymond L. Jacobs, Superintendent of Highways' Gregory F. Yakaboski, Town Attorney r-- G2A-fo - RECEIVED JAN-1-7 2001 - - Southold Town Clerk �gUfFO(,�c JEAN W. COCHRAN ��� °�y� JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD G TOWN OF SOUTHOLD,NEW YORK 11971 RMENED765-1366 'y • F �O1 � � Tel.(516)-765-1560 NOV 2 1 2000 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Southold Town Clerk November 21, 2000 Elizabeth A. Neville Town Clerk Town Hall, 53095 Main Road Southold, New York 11971 Re: HIGHWAY DEDICATION August Acres SCTM#: 1000—53—04—[44.39,44.41 & 44.43] Dear Mrs. Neville: As per your request, I have reviewed the dedication papers for the above referenced subdivision. The road and drainage plan that has been submitted is accurate and indicates all of the road construction items and drainage installations "As-Built"that were required by the Planning Board when the subdivision was originally approved. The survey that has been submitted to the Clerk's office is a photocopy of the original subdivision map. It should not be considered a legal survey without the original seal of the surveyor. A new survey indicating all metes and bounds of the roadways and drainage areas should be requested. The dedication papers also enclosed a property description that references a "Map of August Acres" which includes the names of the Streets and the date and map number filed with Suffolk County when the subdivision was originally created. It is recommended that a full length written metes and bounds description of the right-of-way be requested. This description should describe all of the roadways and drainage areas that are being offered for dedication. A final inspection of the roads and drainage areas has been completed and reviewed with Mr.Jacobs. All of the work required to bring the roadways up to Town Standards has been completed in a satisfactory manner with one minor exception. Street signs have been ordered by the Owner and should be installed in the very near future. If you have any questions concerning this report, please contact my office. Si r , ames A. Richter, R.A. cc: Raymond L.Jacobs(Superintendent of High y Greg Yakaboski(Town Attorney) JEAN W. COCHRAN � JAMES A. RICHTER, R.A. 0 : SUPERVISOR pyf. • �� ENGINEER TOWN HALL - 53095 MAIN ROAD -701 �a� TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516).765-3136 Tel.(516)-765- 1802 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Mr. Raymond L. Jacobs November 18, 1999 Superintendent- Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, New York 11958 Re: AUGUST ACRES - Inspection of Roads and Drainage areas for possible Dedication Kerwin Boulevard, Greenport, New York SCTM # : 1000 - 53 - 04 - 44 Dear Ray: The following report includes excerpts from my most recent inspection report that was performed on May 11,1998, as well as all additional observations from today's inspection. As per your request, I have reviewed the file on the above referenced subdivision and I have inspected the site to verify its current condition with regard to the possible dedication of the road and drainage systems to the Town. The original design consisted of 36' wide oil & Stone roads with concrete curbing. The drainage design consists of catch basins that are connected to two independent recharge basins or individual leaching pool systems. Underground utilities, such as water and electric, have also been installed within the Road right-of-ways. Reports in the file have indicated that road flooding problems have existed in the past. Current inspections revealed that some flooding problems still exist. Due to the current overgrown condition of both recharge basins it was not possible to determine the exact cause of the flooding. The catch basins throughout the site and both recharge basins will require a thorough cleaning and clearing of overgrown vegetation prior to evaluating the capacity of the system. Some of this required clearing has been completed since my last inspection but both basins are still too overgrown for a thorough inspection. Please note that this proposed clearing of vegetation and cleaning on the drainage structures will most likely allow the drainage system to function properly. The construction items or related work necessary to bring the existing roads into compliance for dedication to the Town are as follows: 1. The clearing and grubbing of two Recharge Basins. It will require the total clearing and grubbing of the recharge basin areas both inside and immediately outside the perimeter fencing. It will also include the replacement of perimeter fencing. (The existing fencing may be salvaged for re-use subject to the approval of the Superintendent of Highways.) This item will also include the cleaning of all catch basins, drainage pipe and head wall areas within the recharge basins. Page 1 of 2 01 Raymond L. Jacobs November 18, 1999 AUGUST ACRES Subdivision - Road inspection Page 2 of 2 2. Clearing and Grubbing of the Shoulder Areas. Approximately 800 L.F. along the south easterly side of August Lane will require clearing & grubbing. Provide Topsoil & Seed as required. 3. Clearing & Grubbing of Pavement Areas. All gutter lines within the pavement area where vegetation is growing will require grubbing. All vegetation and loose pavement sections shall be removed in its entirety and all subsequent dirt or exposed areas shall be treated with an approved herbicide prior to placement of new road construction materials. 4. Cleaning of all Catch Basins, Leaching Pools & Drainage Structures. This item will include all catch basins and leaching pool systems that are independent of the recharge basins. Each catch basin shall be exposed for visual inspections and the extent of cleaning will be determined in the field. 5. New Street Signs will be required. Street Name Signs & Stop Signs to be located at all intersections. Dead End Signs, Caution Signs, Children at Play Signs & other required signage should be installed as needed or required. 6. Asphalt Base hot patch. The main intersection to the subdivision from Kerwin Boulevard and the ninety degree turn in August Lane will require the removal of all loose road pavement materials and hot patching with asphalt base material. This item shall include all existing pot hole areas and along gutter lines where asphalt will be removed during the grubbing of vegetation. Asphalt hot patch material shall be a minimum of 2" thick shim mix. 7. Oil & Stone Re-surfacing: (RC 250& to Blue stone) The entire road surface will require re-surfacing with one course of Oil & Stone. All road surfaces shall be swept clear of stones & debris Prior to re-surfacing. The above referenced construction items are general estimates of the overall work necessary to bring the road and drainage system into compliance with Town Specifications. The actual work required will be subject to field conditions and the final approval of the Superintendent of Highways. If you have any questions concerning this report, please contact my office. erely, 65mes A. Richter, LEGAL DESCRIPTIONS ROADS AND DRAINAGE AREAS MAP OF AUGUST ACRES, SECTION 1, AT ARSHAMOMAGUE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW PORK FILE MAP No. 9107 FILED 603,'91 BY RODERICK VAN TUY'L, LAND SURVEYOR LEGAL DESCRIPTIONS TAKEN FROM FILED MAP AND iMTTEN BY DESTIN G. GRAF, LAND SURVEYOR N.Y.STATE LIC. No. 50067 DESTIN G. GRAF P.L.S., P.C. O1/07/O1 Nil yo � 9 .DESTIN'G.GRAF C� 4! 4 lNSE �J , KERWIN BOULEVARD [5U WIDE ] BEGINNING AT A POINT ATTHE INTERSECTION OF THE WESTERLY SIDE OF KERWIN BLVD. WITH THE SOUTHWESTERLY SIDE OF BAYSHORE ROAD, SAID POINT DISTANT SOUTH 34 DEGREES 59 MINUTES 00 SECONDS EAST 42 80 FEET FROM THE SOUTH EAST CORNER OF LOT 37, SECTION 1,MAP OF AUGUST ACRES. COMMENCING FROM SAID POINT SOUTH 68 DEGREES 22 MINUTES 50 SECONDS EAST 196.51 FEET ALONG THE SOUTHWESTERLY SIDE OF BASHORE ROAD AND DIVISION LINE BETWEEN BASHORE ROAD AND KERWIN BLVD,TO A POINT;THENCE SOUTH .55 DEGREES 01 MINUTES 00 SECONDS WEST 33.17 FEET TO A POINT; THENCE ALONG AN ARC CONCAVE TO THE EAST HAVING A RADIUS OF 25.00'AND A LENGTH OF ARC OF 39.27 FEET TO A POINT;THENCE SOUTH 34 DEGREES 59 MINUTES 00 SEr'ONDS EAST 231.72 FEET ALONG THE EASTERLY SIDE OF KERWIN BLVD.TO A POINT; THENCE SOUTH 43 DEGREES 09 MINUTES 40 SECONDS EAST 163.68 FEET TO A POINT AND T'- I IMlr111.STERLY END OF AN ARC CONNECTING THE NORTHERLY SIDE OF AUGUST LANE WITH THE EASTERLY SIDE OF KERWIN BLVD,THENCE SOUTH 43 DEGREES 09 MINUTES 40 SECONDS EAST 100.00 FEET ALONG THE DIVISION LINE BETWEEN AUGUST LANE AND KERWIN BLVD TO A POINT ON THE SOUTHERLY END OF AN ARC CONNECTING THE SOUTHERLY SIDE OF AUGUST LANE WITH THE EASTERLY SIDE OF KERWIN BLVD;THENCE SOUTH 43 DEGREES 09 MINUTES 40 SECONDS EAST 935.36 FEET ALONG THE EASTERLY SIDE OF KERWIN BLVD TO A POINT AND NORTHERLY END OF AN ARC CONNECTING THE NORTH SIDE. OF PHEASANT PLACE WITH THE EASTERLY LINE OF KERWIN BLVD;THENCE. SOUTH 43 DEGREES 09 MINUTES 40 SECONDS EAST 75.00 FEET ALONG THE DIVISION LINE BETWEEN PHEASANT PLACE AND KERWIN BLVD.TO A POINT;THENCE SOUTH 46 DEGREES 50 MINUTES 20 SECONDS WEST 50.00 FEET ALONG'THE SOUTHERLY SIDE OF KERWIN BLVD.TO A POINT AND THE SOUTHEAST CORNER OF LOT 33;THENCE NORTH 43 DEGREES 09 MINUTES 10 SECONDS WEST 777.0 FEET ALONG THE%VESTEP.LY SIDE OF KEP`h'IN EL`JD.TO ;POINT AND SOUTHERLY END OF AN ARC CONNECTING THE SOUTHERLY SIDE OF SAGE SPUR WITH THE WESTERLY SIDE OF KERWIN BLVD;THENCE NORTH 43 DEGREES 09 MINUTES 40 SECONDS WEST 100.00 FEET ALONG THE DIVISION LINE BETWEEN SAGE SPUR AND KERWIN BLVD.TO A POINT AND NORTHERLY END OF AN ARC CONNECTING THE NORTHERLY SIDE OF SAGE SPUR WITH THE WESTERLY SIDE OF KERWIN BLVD;THENCE NORTH 43 DEGREES 09 MINUTES 40 SECONDS WEST 400.86 FEET ALONG THE WESTERLY SIDE OF KERWIN BLVD. TO A POINT;THENCE NORTH 34 DEGREES 59 MINUTES 00 SECONDS WEST TO THE POINT OR PLACE OF BEGINNING. (85,734 SQ FT] AUGUST LANE [50'WIDE] BEGINNING AT A POINT AT THE NORTHWESTERLY END OF AN ARC CONNECTING THE EASTERLY SIDE OF KERWIN BLVD.WITH THE NORTHERLY SIDE OF AUGUST LANE. CONTINUEING THENCE ALONG SAID ARC CONCAVE TO THE NORTH HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.27 FEET TO A POINT OF REVERSE CURVE;THENCE ALONG AN ARC CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 165.89 FEET AND AN ARC LENGTH OF 95.72 FEET TO A POINT AND DIVISION LINE BETWEEN LOT 11 AND LOT 12; THENCE NORTH 79 DEGREES 54 MINUTES 00 SECONDS EAST 425.00 FEET ALONG THE NORTHERLY LINE OF AUGUST LANE TO THE WESTERLY END OF AN ARC CONNECTING THE WESTERLY SIDE OF WELLS LANE WITH THE NORTHERLY SIDE OF AUGUST LANE;THENCE ALONG THE DIVISION LINE BETWEEN WELLS LANE AND AUGUST LANE NORTH 87 DEGREES 42 MINUTES 15 SECONDS EAST 90.34 FEET TO A POINT AND SOUTHERLY END OF AN ARC CONNECTING THE EASTERLY SIDE OF WELLS LANE WITH THE EASTERLY SIDE OF AUGUST LANE:THENCE SOUTH 43 DEGREES 09 MINUTES 40 SECONDS EAST 1097.38 FEET ALONG THE EASTERLY SIDE OF AUGUST LANE TO A POINT AND NORTHERLY END OF AN ARC CONNECTING THE EASTERLY SIDE OF AUGUST LANE WITH THE NORTHERLY SIDE OF AUGUST LANE; THENCE ALONG AN ARC CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 33.53 FEET TO A POINT;THENCE NORTH 60 DEGREES 00 MINUTES 00 SECONDS EAST 395.35 FEET TO A POINT;THENCE SOUTH 27 DEGREES 08 MINUTES 00 SECONDS EAST 50.06 FEET ALONG THE DIVISION LINE BETWEEN AUGUST LANE AND THE "ACCESS"TO BAYSHORE ROAD TO A POINT;THENCE SOUTH 60 DEGREES 00 MINUTES 00 SECONDS WEST 452.33 FEET ALONG THE SOUTHERN SIDE OF LAND NSF OF ADAM PEKUNKATO A POINT AND SOUTHEAST CORNER OF LOT 36,THENCE NORTH 43 DEGREES 09 MINU'TES 40 SECONDS WEST 364.12 FEET TO A POINT AND SIJU THERN END OF AN ARC CONNECTING THE SOUTHERLY SIDE OF PHEASANT PLACE AND THE WESTERLY SIDE OF AUGUST LANE:THENCE NORTH 43 DEGREES 09 MINUTES 40 SECONDS WEST 100.00 FEE;AL NG 1HEDIVISIO*i L:NE 317 WEEN AUGUST F ANE AND PHEASANT PLACE TO ,, POINT AND NORTHERLY END OF AN ARC CONNECTING THE NORTHERLY SIDE OF PHEASANT PLACE AND THE WESTERLY SIDE OF AUGUST LANE;THENCE NORTH 43 DEGREES 09 MINUTES 40 SECONDS WEST 631.00 FEET TO A POINT AND SOUTHEAST END OF AN ARC CONNECTING THE SOUTHERLY SIDE OF AUGUST LANE WITH THE WESTERLY SIDE OF AUGUST LANE;THENCE ALONG AN ARC CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 90.86 FEET AND AN ARC LENGTH OF 90.29 FEET TO A POINT;THENCE SOUTH 79 DEGREES 54 MINUIES 00 SECONDS WEST 430.19 FEET TO A POINT:THENCE ALONG AN ARC CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 115.84 FEET AND AN ARC LENGTH OF 66.84 FEET TO A POINT[POINT OF COMPOUND CURVE];THENCE ALONG AN ARC CONCAVE TO THE EAST HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.27 FEET TO A POINT CONNECTING THE SOUTHERLY SIDE OF AUGUST LANE AND THE EASTERLY SIDE OF KERWIN BLVD;THENCE NORTH 43 DEGREES 09 MINUTES 46 SECONDS WEST 100.00 FEET ALONG THE DIVISION LINE BETWEEN AUGUST LANE AND KERWIN BLVD,TO THE POINT OR PLACE OF BEGINNING. [ 108,805 SQ FT] SAGE SPUR[50'WIDE] BEGINNING AT A POINT ON THE WESTERLY SIDE OF KERWIN BLVD. SAID POINT BEING THE NORTHERLY END OF AN ARC CONNECTING KERWIN BLVD AND THE NORTHERLY SIDE OF SAGE SPUR. CONTINUEING FROM SAID POINT SOUTH 43 DEGREES 09 MINUTES 40 SECONDS FAST 100.00 FEET ALONG THE DIVISION LINE BETWEEN KERWIN BLVD AND SAGE SPUR TO A POINT AND SOUTHERLY END OF AN ARC CONNECTING THE'WEST SIDE OF KERWIN BLVD. WITH THE SOUTHERLY SIDE OF SAGE SPUR.;THENCE ALONG AN ARC. CONCAVE TO THE SOUTH WITH A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.27 FEET TO A POINT;THENCE SOUTH 46 DEGREES 50 MINUTES 20 SECONDS WEST 225.00 FEET ALONG THE SOUTHERN SIDE OF SAGE SPUR TO A POINT AND NORTHWEST CORNER OF LOT 6; THENCE NORTH 43 DEGREES 09 MINUTES 40 SECONDS WEST 50.00 FEET ALONG LANDS N\F SAGE ESTATES TO A POINT AND SOUTHWEST CORNER OF LOT 5;THENCE NORTH 46 DEGREES 50 MINUTES 20 SECONDS EAST 225.00 FEET ALONG THE NORTHERLY SIDE OF SAGE SPUR TO A PORNT;THENCE ALONG AN ARC CONCAVE TO THE WEST HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.27 FEET TO THE P01NT OR PLACE OF BEGINNING. f 12.766 SO FT I WELLS LANE ( 50'WIDE ] BEGIN�IID!GAT A POINT ON THE NORTHERN SIDE OF AUGUST LANE SAID POINT BEING THE JOUTH'WESTE.RLY END OF AN ARC CONNECTING THE WESTERLY SIDE OF WELLS LANE AND AUGUST LANE. CONTINUEING ALONG SAID ARC CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 41.39 FEET AND AN ARC LENGTH OF 4498 FEET TO A POINT:THENCE NORTH 17 DEGREES 38 MINUTES 20 SECONDS EAST 257.46 FEET ALONG THE WESTERLY SIDE OF WELLS LANE TO A POINT AND NORTHEAST CORNER OF LOT 14;THENCE NORTH 79 DEGREES 54 MINUTES 00 SECONDS EAST 45.38 FEET ALONG LAND OF "AMENDED MAP OF PECONIC BAY ESTATES "TO A POINT;THENCE SOUTH 44 DEGREES 12 MINUTES 40 SECONDS FAST 11.00 FEET ALONG LAND OF"AMENDED MAP OF PECONIC BAY ESTATES"TO A POINT AND NORTHEAST CORNER OF LOT 15,THENCE SOUTH 17 DEGREES 13 MINUTES 00 SECONDS WEST 15.81 FEET ALONG THE EASTERLY LINE OF WELLS LANE TO A POINT,THENCE SOUTH I' DEGREES 38 MINUTES 20 SECONDS WEST 241.62 FEETTO A POINT:THENCE ALONG AN ARC CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 26.53 FEET TO A POINT AND EASTERLY SIDE OF AUGUST LANE;THENCE SOUTH 8' DEGREES 42 MINUTES 15 SECONDS WEST 90.34 FEET ALONG THE DIVISION LINE BETWEEN WELLS LANE AND AUGUST LANE TO THE POINT OR PLACE OF BEGINNING. [ 14.705 SO FT] PHEASANT PLACE[50'WIDE j BEGINNING A"1'A POINT ON THE EAST SIDE OF KERWIN BLVD. SAID POINT BEING THE NORTHWESTERLY END OF AN ARC.CONNECTING THE NORTHERLY SIDE OF PHEASANT PLACE. WITH KERWIN BLVD. CONTINUEING ALONG SAID ARC CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.27 FEET TO A POINT;THENCE NORTH 46 DEGREES 50 MINUTES 20 SECONDS EAST 440.00 FEET ALONG THE NORTHERLY SIDE OF PHEASANT PLACE TO A POINT;THENCE ALONG AN ARC CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTII OF 39.27 FEET TO A POINT ON THE WESTERLY SIDE OF AUGUST LANE;THENCE SOUTH 43 IDEGREL'S 09 MINUFES 40 SECONDS EAST 100.00 FEET ALONG THE DIVISION LINE BETWEEN AUGUST LANE AND PHEASANT PLACE TO A POINT:THENCE ALONG AN ARC CONCAVE TO THE SOUTH HAVING A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.27 FEET TO .A POINT, THENCE SOUTH 4u DEGREES 50 V1INL"I'ES 20 SECONDS WEST 4i5.00 FEET ALONG THE St.)THERLY SIDE OF PHEASANT PLACE TO A POINT;THENCE NORTH 43 DEGREES 09 MINUTES 40 SECONDS WEST 75.00 FEET ALONGTHE DIVISION LING BETWEEN PHEASANT PLACE AND KERWIN BLVD.TO THE POINT OR PLACE OF BEGINNING. [ 24,903 SQ IT) DRAINAGE AREA "A" BEGINNING AT A POINT ON THE WESTERLY SIDE OF KERWIN BLVD. SAID POINT BEING DISTANT SOUTH 35 DEGREES 59 MINUTES 00 SECONDS EAST 872.22 FEET FROM THE INTERSECTION OF THE WESTERLY SIDE OF KERWIN BLVD. WITH THE SOUTHERLY SIDE OF THE NIP LONG ISLAND RAILROAD RIGHT OF WAY. CONTINUEING THENCE THE FOLLOWING COURSES AND DISTANCES; SOUTH 3-1 DEGREES 59 MINUTES 00 SECONDS EAST 101.03 FEET ALONG THE W'ES TERL`i SIDE OF KERW'lN BLVD, TO A POINT AND NORTHEAST CORNER OF LOT I; THENCF. SOUTH 46 DEGREES 50 MINUTES 20 SECONDS WEST 302.08 F'EET ALONGTHE BOUNDARY OF LOT 1 TO A'POINT AND NORTHWEST CORNER OF LOT I:THENCE NORTH 43 DEGREES 04 MINUTES 10 SECONDS WEST 100.00 FEETALONGTHE LANDS N?IF OF SAGE' ESTAT"c TU A POINT AND SOUTHWEST CORNER OF LOT 3 7;THENCE NORTH 46 DEGREES SU MIND FES 20 SECONDS EAST 31u.45 FEET'ALONG THE BOUNDARY OF LOT 37 TO THE WESTERLY SIDE OF KERWIN BLVD. AND THE POINT OF PLACE OF BEGINNING. [ 43266 SQ FT 1 DRAINAGE AREA "B" BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF KERWIN BLVD. SAID POINT BEING DISTANT NORTH 46 DEGREES 50 MINUTES 20 SECONDS EAST 25.00 FEET FROM THE INTERSECTION OF THE WESTERLY SIDE OF KERWIN BLVD AND THE SOUIHERLY SIDE OF KERWIN BLVD. I SOU'I'IIEAS'1'CORNER OF LOT 33 1. CONTINUEING THENCE THE FOLLOWING COURSES AND DISTANCES;NORTH 46 DEGREES 50 MINUTES 20 SECONDS EAST 160.00 FEET ALONG THE SOUTHERLY SIDE OF KERWIN BLVD..AND PHEASANT PLACE TO A POINT AND NORTHWEST CORNER OF LOT 34,THENCE SOUTH 43 DEGREES 09 MINUTES 40 SECONDS EAST 160.00 FEET ALONG THE BOW DARY OF LOT 34 TO A POINT AND NORTHEAST t'ORNER OF A 15 FOOT DRAINAGE EASEMENT AND PARK AND PLAYGROUND AREA;THENCE SOUTH 46 DEGREES 50 MINUTES 20 SECONDS WEST 160.00 FEET ALONG THE BOUNDARY OF IHE PARK AND PLAYGROUND AREA TO A POINT;THENCE NORTH 43 DEGREES 09 MINUTES 40 SECONDS WEST 160.00 FEET ALONG THE BOUNDARY OF THE PARK AND PLAYGROUND AREA TO THE SOUTHERLY SIDE OF KERWIN BLVD, AND POINT OR PLACE OF BEGINNING. 15'DRAINAGE EASEMENT BEGINNING AT A POINT AT THE SOUTHEAST CORNER OF A DRAINAGE AREA SAID POINT BEING DISTANT SOUTH 43 DEGREES 09 MINUTES 40 SECONDS EAST 160.00 FEET FROM THE SOUTHERLY SIDE OF PHEASANT PLACE AND NORTHWEST CORNER OF LOT 34. CONTINUEING THENCE THE FOLLOWINQ COURSES AND DISTANCES; SOUTH 43 DEGREES 09 MINUTES 40 SECONDS EAST 146.10 FEET ALONG THE BOUNDARY OF LOT 34 TO A POINT AND SOUTHWEST CORNER OF LOT 34:THENCE SOUTH 60 DEGREES 00 MINUTES 00 SECONDS WEST 15.40 FEET ALONG LAND N/F OF PEKUNKA TO A POINT;THENCE NORTH 43 DEGREES 09 MINUTES 40 SECONDS WEST 142.60 FEET TO A POINT;THENCE NORTH 46 DEGREES 50 MINUTES 20 SECONDS EAST 15.00 FEET TO THE POINT OR PLACE OF BEGINNING. [2165 SQ FT] � � s r r�s Highway Department Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L.JACOBS Tel.765-3140 Superintendent 734-5211 May 18 , 1998 Mr . Bennett Orlowski , Chairman Southold Town Planning Board 53095 Main Road Southold , New York 11971 Re : August Acres- Inspection of Roads and Drainage areas for possible dedication Kerwin Boulevard , Greenport , New York SCTM #1000-53-04-44 Dear Mr . Orlowski : I have reviewed the engineer ' s inspection report (attached) and concur with his findings . *am tfud L . J cobs Superintendent of Highways cc : Town Clerk file Eric . D MAY 19 bW Southold Town Planning Board RAYMOND L. JACOBS JAMES A. RICHTER, R.A. SUPERINTENDENT iF ENGINEER SOUT14OLD TOWN HIGHWAY DEPARTMENT \ TOWN OF SOUTHOLD Fu. (516)-765-1750 # Tel,(516).765-.3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Mr. Raymond L. Jacobs MAY 11, 1998 Superintendent- Southold Town Highway Peconic Lane, P.O. Box 178 Peconic, New York 11958 Re: AUGUST ACRES - Inspection of Roads and Drainage areas for possible Dedication Kerwin Boulevard, Greenport, New York SCTM # : 1000 - 53 - 04 -44 Dear Ray: As per your request, I have reviewed the file on the above referenced subdivision and I have inspected the site to verify its current condition with regard to possible dedication to the Town. The original design consisted of 36' wide oil & Stone roads with concrete curbing. The drainage design consists of catch basins that are connected to two independent recharge basins or individual leaching pools. Underground utilities, such as water and electric, have also been installed within the Road right-of-ways. Reports in the file have indicated that road flooding problems have existed in the past. Current inspections revealed that some flooding problems still exist. Due to the current overgrown condition of both recharge basins it was not possible to determine the exact cause of the flooding. The catch basins throughout the site and both recharge basins will require a thorough cleaning prior to evaluating the capacity of the system. Please note that this proposed cleaning will most likely allow the drainage system to function properly. The construction items and proposed cost estimates for the related work necessary to bring the existing roads into compliance for dedication to the Town are as follows: 1. The clearing and grubbing of two Recharge Basins. It will require the total clearing and grubbing of the recharge basin areas. It will also include the replacement of perimeter fencing. (The existing fencing may be salvaged for reuse subject to the approval of the Superintendent of Highways.) This item will also include the cleaning of all catch basins, drainage pipe and head wall areas within the recharge basins. 2. Clearing and Grubbing of the Shoulder Areas. Approximately 800 L.F. will require work. Provide Topsoil & Seed as required. Page 1 of 2 , 0 Raymond L. Jacobs May 11, 1998 AUGUST ACRES Subdivision - Road inspection Page 2 of 2 3. Clearing & Grubbing of Pavement Areas. All gutter lines within the pavement area where vegetation is growing will require grubbing. All grass shall be removed in its entirety and all dirt areas shall be treated with an approved herbicide. 4. Cleaning of all Leaching Pool/ Drainage Structures. This item will include all catch basins and leaching pool systems that are independent of the recharge basins. 5. New Street Signs will be required. S. Asphalt Base hot patch. This item shall include all existing pot hole areas and along gutter lines where asphalt will be removed during the grubbing of vegetation. Asphalt hot patch material shall be a minimum of 2" thick shim mix. 7. Oil & Stone Resurfacing: (RC 250&1A Blue Stone) The entire road surface will require re-surfacing with one course of Oil & Stone. All road surfaces shall be swept clear of stones & debris Prior to re-surfacing. The above referenced construction items and related costs are estimates only. The work required will be subject to field conditions and the approval of the Superintendent of Highways. The total estimate indicated above does not cover any additional costs such as bonding fees or engineering fees that may be necessary for this project. If you have any questions concerning this report, please contact my office. erely, James A. Richter, R.A. SUBMISSION WITHOUT COVER LETTER SENDER: �'�� � SUBJECT: SCTM#k : COMMENTS: z� V i IMAR 2 1 199i PLANNING BOARD MEMBERS y o ter+ ve SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 14, 1990 Karen J. Hagen Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Main Road Mattituck, New York 11952 RE: August Acres SCTM#1000-53-4-44.1 & 44. 2 Dear Ms. Hagen: The following took place at the meeting of the Southold Town Planning Board on Tuesday, November 13, 1990. RESOLVED, that the Southold Town Planning Board authorize the Chairman to endorse the final surveys, Sheet 1 dated January 8, 1990, and Sheet 2 dated October 13, 1989. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty ( 60) days of the date of final approval, shall become null and void. Please contact this office if you have any further questions. Very truly yourls,, Bennett Orlowski, Jr. 1*5 Chairman Encl. cc: Victor Lessard, Principal Building Inspector Charles Watts, Assessors Office Raymond Jacobs, Superintendent of Highways Henry Raynor, Agent for Applicant LAW OFFICES WICKHAM, WICKHAM 8, BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 WILLMATTITUCK, LONG ISLAND ERIC J. BRESSLERWICKHAM NEW YORK 11952 MORTGAGE OFFICE ABIG I BRESSLER ABIGAIL A.WICKHAM 516-298-5300 DANIEL C.ROSS 516-298-8353 TELEFAX NO.516-298-2012 KAREN J.HAGEN TELEFAX NO.516-298-8565 HUBERT F.SULLIVAN JOSEPH C.SAVINO October 24, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P. 0. Box 1179 Southold, N.Y. 11971 Re: August Acres SCTM #1000-53-4-44.2 Gentlemen: Enclosed is a copy of the letter from the Greenport Fire Department indicating that the hydrants in the subdivision are in working order. This satisfies the conditions in the Board's September 18, 1990 letter since the Section 2 maps were submitted on September 19th. Please have the Chairman endorse the maps. Upon endorse- ment, please contact the undersigned. Thank you for your help on this matter. Very (( trulliy� yours, �// LR/lu, Karen Hagen KH/abm Enc. 5 .a-'��-emu 1-r: 11 nUbU�l �nnCb rltnLl {bnUur _. li Ir�:c _ _. • THE CREENPORT FIRE DEPARTMENT October 22, 1990 Mario Posillico Posillico Construction 31 Tennyson Avenue Westbury, NY 11590 Dear Mario, On October 14, 1990 the Greenport Fire Department conducted a test of the fire hydrants located in the August Acres development, located off Kerwin Blvd. At that time, all hydrants were found to be in good working order. If you have any questions, please feel free to contact me. a:7� Andrew Ficurilli Assistant Chief Greenport Fire Dept. r. �I PLANNING BOARD MEMBERS SCOTT L. HARRIS IM Bennet[ Orlowski, Jr., ChairmanCA Supervisor George Ritchie Latham, Jr. O Richard G. Ward �1 uYlt � Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 23 , 1990 Karen J. Hagen Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Major Subdivision of August Acres SCTM# 1000-53-4-44. 2 Dear Mr. Hagen: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 22, 1990. RESOLVED that the Southold Town Planning Board grant a second ninety day extension of conditional final approval. Conditional final approval was granted on January 18, 1990, and a ninety day extension was granted on July 16, 1990. The second ninety day extension will expire on January 18, 1991 unless all conditions of approval have been fulfilled. Please note that this is the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. �h1 Chairman cc: Henry Raynor I �ir�c LAM/OFFICES ��f WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD,P.O.BOX 1424 WILLIAM WICKHAM MATTITUCK,LONG 15LAND ERIC J.BRESSLER NEW YORK 11952 MORTGAGE OFFICE ABIGAIL A.WICKHAM _ 516- DARIELC.BOSS 298-8353 516-298.5300 KAREN J. TELEFAX NO.516-298-8565 TELEFAX NO.516-298-2012 HUBERi F..SULLIVANSULL JOSEPH C.SAVINO October 16, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: August Acres, Section 1 SCTM #1000-53-4-44.2 Gentlemen: The final conditional approval is due to expire October 18, 1990. The Posillico's are in the process of acquiring a letter from the Fire Department indicating that the fire hydrants are in working order, pursuant to the Board's September 18, 1990 letter. Please extend the final conditional approval for a 90 day period. Very truly yours,, Karen J. Han KJH:mjb 25AugAcres OCT i8M Sut?�F�t-C LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MOR FGAGE OFFICE ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-5300 516-298-8353 TELEFAX NO.516-298-2012 AREN J.HAG EN R055 KAREN J. TELEFAX NO. 516-298-8565 HUBERT F.SULLIVAN JOSEPH G SAVINO September 19, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: August Acres SCTM # 1000-53-4-44.2 Gentlemen: Attached are six paper and two mylar prints of Page 2 of the Map showing Section 2. Very truly yours, Karen J. Hagen KJH:mjb Enc. CC: Mario Posillico Henry Raynor Sty 2 r PLANNING BOARD MEMBERS o t $ z Bennett Orlowski, Jr., Chairman SCOTT L. HARRIS George Ritchie Latham, Jr. Supervisor Richard G. Ward Mark S. McDonald Town Hall, 53095 Main Road Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 18, 1990 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: August Acres SCTM# 1000-53-4-44. 2 Dear Mr. Raynor: Melissa Spiro has discussed with the Planning Board your client' s concerns regarding the Planning Board' s September 7, 1990 correspondence. Below please find the Planning Board' s changes to the above mentioned correspondence. The following items must be submitted prior to the Chairman's endorsement of the above mentioned subdivision: 1. Page 2 of the map showing Section Two must be submitted. Six paper copies and two mylars are required. 2. A letter from the Fire Department indicating that the fire hydrants are in working order. The additional items which were included in the Planning Board's September 7, 1990 correspondence are to be addressed at such time that the road is offered to the Town for dedication. Please contact this office if you have any questions regarding the above. Very truly yours,/ Bennett Orlowski, Jr. -,PAS' Chairman cc: Karen Hagen Ray Jacobs, Superintendent of Highways -�J �F'lG_ �7e..° �a_ . ��y �Cc2�5 +Y•. �.ti,r+�-Ufi� /`�fPS, ti� Ly PLANNING BOARD MEMBERS r ran SCOTT L. HARRIS Bennet[ Orlowski, Jr., Chairman ✓� � Supervisor - George Ritchie Latham, Jr. � Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 7, 1990 Henry Raynor 320 Love Lane Mattituck, New York 11952 RE: August Acres SCTM# 1000-53-4-44. 2 Dear Mr. Raynor: To confirm the telephone conversation you had with Melissa Spiro, the following items must be addressed prior to the Chairman's endorsement of the above mentioned subdivision. 1. The drainage basin at the corner of Pheasant Place and Kerwin Boulevard must be cleaned out and/or enlarged to provide satisfactory drainage for the subdivision. If it is necessary that the basin be enlarged, this must be delineated on the final subdivision map. 2. Street trees must be planted as per Section A108-41 of the Town Code. 3. Street lights must be located at the following intersections: A. Kerwin Boulevard and Bayshore Road; B. August Lane and Bayshore Road 4. A letter must be submitted from the Fire Department indicating that the fire hydrants are in working order. 5. Page 2 of the map showing Section Two must be submitted. Six paper copies and two mylars are required. C Numbers 1, 2 and 3 must be completed prior to endorsement of the map unless a bond estimate is submitted, and adopted by the Planning Board for the work. Upon notification that Numbers 1, 2 and 3 are completed, the Planning Board will conduct an inspection, and if necessary, will request that their engineer also make an inspection. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. J ✓ S Chairman cc: Karen Hagen SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: G{�t SCTM#: COMMENTS: 4 n ,Suf3Fil.� LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD,P.O. BOX 1424 WILLIAM WICKHAM MATTITUCK, LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 MORTGAGE OFFICE ABIGAILA.WICKHAM 516-29a-5300 516-298-8353 TELEFAX NO.516-296-2012 K ANIEL C.RO55 IVIREN J.HAGEN TELEFAX NO. 516-298-8565 HUBERT F.SULLIVAN JOSEPH C.SAVINO August 2, 1990 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: ugust Acres SCCTM# 1000-53-4-44 2 John Wickham SCTM# 1000-110-8-32.1 Attached are copies of the recorded Covenants and Restrictions for both of the above cited subdivisions. The surveyor is adding the Liber and page numbers to the maps, which will be delivered to your office. Very truly yours, Karen J. gen KJH:atm II I : " AUG - 3 Vo? PLANNING BOARD MEMBERS p ^�' SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Y "� "` Supervisor George Ritchie Latham, Jr. Richard G. Ward ' ^ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 August 2, 1990 Karen J. Hagen Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: August Acres SCTMg1000-53-4-44. 2 Dear Ms. Hagen: The revised draft of the By-Laws for the Homeowner' s Associates, have been reviewed by the Assistant Town Attorney and the Planning Board. The revised by-laws of July 23, 1990 are acceptable for filing. Please file the by-laws and have the Liber and Page number placed on the mylars. If the mylars are ready in time, the Planning Board Chairman will endorse the final maps at the Board' s August 13th meeting. Please call Holly Perrone to arrange to pick up the mylars. If there are further questions, do not hesitate to call me. Very truly yours, Valerie Scopaz Town Planner Encl. cc: James Posillico LAW OFFICES •" CeR+T.e-poE !"� WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 WILLMATTITUCK, LONG ISLAND ERIC J.BRESSLER M WICKHAM NEW VORK 11952 MORTGAGE OFFICE RIC J. ABIGAIL A.WICKHAM 516-298-5300 DANIEL C.ROSS 516-298-8353 TELEFAX NO.516-296-2012 KAREN J.HAGEN TELEFAX NO. 516-296-6565 HUBERT F.SULLIVAN JOSEPH C.SAVINO July 23, 1990 Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: August Acres, Section 1 SCTM # 1000-53-4-44.2 Gentlemen: Enclosed pursuant to your letter dated July 17, 1990, is a draft of the By-Laws for the Homeowner's Association, which have been amended to reflect the comments contained in the letter. The amendment is contained in Article III and Article VIII, Section 5(a) (4) , of the By-Laws. Very truly yours, i Karen J. agen KJH:mjb Enc. 5AA 4 BY-LAWS OF AUGUST ACRES HOMEOWNERS ASSOCIATION, INC. A New York Not-for-Profit Corporation ARTICLE I - NAME. LOCATION AND PRINCIPAL OFFICE These are the By-Laws of August Acres Homeowners Association, Inc. , hereinafter referred to as the "Association" . The principal office of the Association shall be in the Town of Southold, County of Suffolk, State of New York. ARTICLE II - DEFINITIONS The following words when used in these By-Laws shall, unless the context prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to August Acres Homeowners Association, Inc. , a New York Not-for-Profit Corporation. (b) "Developer" shall mean and refer to Posillico Construction Company, Inc. , its successors and assigns if such successors and assigns should acquire an undeveloped or developed but unsold portion of The Properties from the Developer for the purpose of development. rTM' (c) "Declaration" shall mean and refer to this Declaration of Covenants and Restriction, applicable to The Properties and amendments thereto, if any, in the Office of the Clerk of the County of Suffolk, New York. (d) "The Properties" shall mean and refer to all those areas of land described in and subject to the Declaration, and as shown on the subdivision map of August Acres, Section I, a metes and bounds description of which is attached as Schedule A. (e) "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the subdivision map of The Properties but shall not include the Open Space Area as herein defined. (f) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article VI. (g) "Home" shall mean and refer to all units of residential housing situate upon lots on The Properties. (h) "Owner" shall mean and refer to the record owner Of fee simple title to any lot, including the Developer with respect to an unsold lot. Every lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vote to which such owners are entitled. (i) "Open Space Areas" shall mean and refer to certain areas of land other than individual lots as shown on the filed subdivision map and intended to undeveloped open space for the use and enjoyment of the owners of The Properties. (j ) "Development" shall mean August Acres, Section 1, a 36 lot subdivision located along Kerwin Boulevard, at Arshamomoque, Town of Southold, New York. ARTICLE III - PURPOSE This Association is formed to own, operate and maintain the Open Space Areas for the benefit of the Members of the Association to own, separate and maintain the roads as shown on the subdivision map until such time as the offer of dedication for the roads is accepted by the Town of Southold, and to otherwise act according to the provisions of the Declaration. �;�. -� All present and future Members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members. ARTICLE V - USE OF FACILITIES The Open Space Area shall be limited to the use of the Members or their families residing in their household, and the Member's guests. In the event that a Member shall lease or permit another to occupy his Home, however, the lessee or occupant shall at the option of the Member, be permitted to enjoy the use of the Open Space Areas in lieu of and subject to the same restrictions and limitations as said Member. However, both the Member and the lessee may not use the Open Space Areas at the same time. ARTICLE VI - MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. The Association shall have one class of membership interest as follows: The Owner of each Lot on the Properties shall be a Member whether such ownership is joint, in common or tenancy by the entirety. Each Member is entitled to one vote for each Lot in which they hold a membership interest. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determine but with exception of cumulative voting employed in the election of Directors, not more than one vote may be cast with respect to any such Lot. No Member shall split or divide its votes on any motion, resolution or ballot other than in the cumulative voting procedure employed in the election of Directors. ARTICLE VII - QUORUM. PROXIES AND WAIVERS Section 1. Quorum. So many Members as shall represent at least 51% of the total authorized votes of all Members present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. If, however, such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting. At least five days, written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might havwlbeen transacted at the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33 1/3 of the total authorized votes of all Members shall constitute a quorum. Section 2 . Vote Required to Transact Business. When a quorum is present at any meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is one upon which by express provision of the Statue, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provisions shall govern and control the decision of such questions. Section 3 . Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4. All proxies shall be in writing and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting. Section 5. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by Statue or by any provision of the Declaration, Certificate of Incorporation or of these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 6. Place of Meeting. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings. Section 7. Annual Meetings. The annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors. At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By-Laws. The Members may also transact such other business and may properly come before the meeting. Section S. Special Meetings. It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a • .� majority of the Members. Section 9. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Member at least ten, but not more than thirty, days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served. Section 10. Order of Business. The order of business at all meetings shall be as follows: (a) Roll Call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of Officers (e) Report of Committees (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business ARTICLE VIII - BOARD OF DIRECTORS Section 1. Number and Term. The number of Directors which shall constitute the whole Board shall not be less than three nor more than five. An initial Board consisting of three Directors shall be designated by the Developer to serve until the meeting and at all subsequent annual meetings, the Members shall vote for and elect five Directors to serve to one-year terms and until their successors have been duly elected and qualified. All Directors, other than those the Developer shall have the right to designate, must be either Members of the Association or immediate family members residing in the Member's home. Each Director shall be at least nineteen years of age. Section 2. Cumulative Voting and Right of Developer to Designate Certain Board Members. In an election of Directors, each Member shall be entitled to as many votes as shall equal the number of Directors to be elected and a Member may cast all of such votes for a single Director or may distribute them among two or more Directors as he sees fit. Notwithstanding the foregoing, the Developer shall have the right to designate three Directors until the second anniversary date of the recording of the Declaration or until 51% of the Lots in the Development are sold, whichever is sooner. Thereafter, the Developer shall have the right to --dbsignate one Director for so long as it holds at least one membership. The Developer may not cast its vote to elect any Directors in addition to the designated Directors set forth above. Section 3. Vacancy and Replacement. If the office of any Director becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise majority of the remaining Directors though less than a quorum, a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by the Developer resigns, the Developer shall have the right to appoint another Director in his place. Section 4. Removal. Directors may be removed for cause by an affirmative vote of a majority of the Members. No Director, other than a designee of the Sponsor, shall continue to serve on the Board if, during his term of office, he shall cease to be a Member. Section 5. Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation or by these By-Laws, directed or required to be exercised or done by the members or Owners personally. These powers shall specifically include, but not be limited to, the following items: 1. To determine and levy assessments provided for in the Declaration. The Board of Directors may increase the monthly assessments or vote a special assessment in excess of that amount, if required to meet any additional necessary expenses. 2. To collect, use and expend the assessments. 3. To maintain the open space area, as designated on the subdivision map of August Acres, Section 1. 4. To maintain the roads as shown on the subdivision map of August Acres, Section 1, until such time as the offer of dedication for the roads is accepted by the Town of Southold. 5. To open bank accounts and borrow money on behalf of the Association and to designate the signatories to ". such bank accounts. 6 To collect delinquent assessments by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and regulations herein referred to. 7. To make reasonable rules and regulations and to amend same from time to time. Such rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered a copy of such rules and all amendments to each Member. Such rules and regulations may, without limiting the foregoing, included reasonable limitations on the use of the Open Space Area by guests of the Members as well as reasonable admission and other fees for such use. 8. To employ workman, contractors and supervisory personnel, to purchase supplies and equipment, to enter into contracts to provide maintenance and other services and generally to have the power of Directors in connection with the matters hereinabove set forth. 9. To bring and defend actions by or against one or more Members and pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. 10. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, each of such committees to consist of at least three Members, one of whom shall be a Director, which to the extent provided said resolution or resolutions shall have management of the business and affairs to the Association and may have power to sign all papers which shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. Section 6. Compensation. Directors and officers, as such, shall receive no compensation for their services. Section 7. Meetings. � (a) The first meeting of each Board newly elected by thelembers shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special Meetings of the Board may be called by the President on two days' notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two Directors. (d) At all meetings of the Board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of a two- thirds majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by Statue or by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall be present. (e) Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section S. Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement verified by an independent public account and a statement regarding any taxable income attributable to the Members and a notice of the holding of the annual meeting of Association members. Section 9. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association handling or responsible for Association funds • z shall furnish adequate fidelity bonds. The premiums of such bonxg6 shall be an expense of the Association. ARTICLE IX - OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by the Board of Directors and shall be a President, a Vice President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment may be necessary. All officers must be either members of the Board of Directors, Members of the Association, or lessees of occupants entitled to the use of the Properties in lieu of the Member renting or permitting them to occupy the Home in which they reside. Two or more offices may not be held by the same person. Section 2 . Election. The Board of Directors, at its first meeting after each annual meeting of the Association Members, shall eleca President, a Vice Presiat, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3. Appointive Officers. The Board may appoint such other officers and agents as it shall deem necessary who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4. Term. The officers shall office for a period of one year or until their successors are chosen and qualify in their stead. An officer elected or appointed by the Board of Directors may be removed with or without cause, at any time, by the affirmative vote of a majority of the Board of Directors present at such meeting, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled' by the Board of Directors. Section 5. The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of the President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6. The Vice President. The Vice President shall take the place of the president and perform his duties whenever the President shall be absent or unable to act and shall have other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New • � York. N p1. Section 7. The Secretary. The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section 8. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. Section 9. Agreements, etc. All agreements and other instruments shall be executed by the President or such other person as may be designated by the Board of Directors. ARTICLE X - NOTICE Section 1. Definitions. Whenever under the provisions of the Declaration of these By-Laws, notice is required to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in `d' postpaid sealed wrapper addressed to the Board of Directors, such Director, or Member, such address as appears on the books of the Association. Section 2 . Service of Notice - Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE XI - AMENDMENTS These By-Laws may be altered, amended or added to at any duly called meeting of the Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least sixty-six and two thirds percent (66 2/3%) of the Members. No amendment, however, shall affect or impair the validity or Priority of the Members , interests and the interests of holders of a mortgage encumbering a Member's Lot. Nor shall any amendment have the effect of infringing upon the Developers right to make membership in or use of the Association available to purchasers or lessees of the Lots Of The Properties. AiZ� XII SELL�I�AS_�p�_D G7w+m Sec O nmc 1. ng and conveyedtornleasedebyia MemberefreegOf any restrictions except that no Member shall cone s. Y Lot may be hypothecate, sell or lease his Lot' mortgage, pledge, unpaid Association expenses assessed againstless the until all en paid as directed by the Board of Directors. shSul unpaid Association expenses, however may be paid out Of theProceeds from sale orlease ofeasLot in violation of his of a Lot, or by theGsection shall be voidable at the election of the Board of Directors. Upon the written request of a Member of his mortgagee, the Board Of its designee shall furnish a written statement of the unpaid charges due from such Member which shall be to conclusive evidence of the payment of amounts assessed prior madehbydate of the BoardeforatheeissuanceeOf�suchnablesta statements. be The provisions of this section shall not apply to the acquisition of a lot by a mortgagee who shall acquire title to such Lot by foreclosure or by deed in lieu of foreclosure. In such event the unpaid assessments against the Lot which were assessed and became due prior to the acquisition of title to such Lot by such mortgagee shall be deemed waived by the Association and shall be charged to all other members of the Association as a common expense. such se�assessedhandfbecomeedueaafterto any assessments which to such Lot by the mortgagee and to an acquisition of title mortgagee. Y purchaser from such it shall Whenever e term "Lolincludethe Lot, t i se heMember's interesttinsthection,Association and the Member's interest in any Lots acquired by the Association. Section 2. Gifts, etc, transfer his Lot by gi Any member may convey or ft during his lifetime or devise his Lot by will or pass the same by intestacy without restriction. ARTICLE xrTT - GENERAL PROVISIONS Section 1. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors. Section 2 . Seal. The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3. Examination of Books and Records. Each Member, or their respective representatives and first mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to its Board of Directors. The Declaration, Certificate of Incorporation and the By-Laws of the Association shall be available for inspection by any Member or first mortgagee at the principal office of the Association. Section 4 . Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, whenever the context so required. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control Section 5. Severability. Should any of the Covenants, • � terms of provisions herein imposed by or become unenforceable at law or in equity, the remaining provisions of these By-Laws shall, nevertheless, be and remain in full force and effect. THE UNDERSIGNED Directors hereby certify that they have adopted the foregoing By-Laws as the first By-Laws of the Association, in accordance with the requirements of the Not- for-Profit Corporation Law. Dated: , 1990 29By-Laws 'PLANNING BOARD 17 JULY 16, 1P90 Mr. R. Goldman: I 'm representing the North Fork Environmental Council. For the record, we have a memo tonight for the board concerning the August Acres subdivision. You all have copies. Would it be alright for me to just read this since there are so few of us here tonight? If you just want to go through it. If you have any questions about it. I think what we would like to do is get together with you folks at some point and start talking about this particular situation in that whole general area between Pipes Cove and Long Pond. Mr. McDonald: Will you send a copy of this to the Town Attorney' s office. Mr. Goldman: Yes, we will. The memo reads as follows: After review of information contained in the Planning Department's records, the Southold Town Code, and SEQRA regulations we note the following: The application seems to have become null and void between the dates of December 24th, 1975 and June 21st, 1976 . Final conditional approval was granted by the Planning Board on 6/23/75 . Section 106-24-F-2 of the Southold Town code states in part that the conditional approval shall expire 180 days after the resolution of the Planning Board to approve a final plat C subject to conditions and that the applicant has the right to petition the board for two 90 day extensions. The applicant himself states in a letter of the board dated 4/20/89 , "Since conditions of the final approval were not complied with within the 180 days allotted, the final approval lapsed. " However, the applicant proceeded to install roads and drainage systems on the property. This seems to us to have been illegal. Fourteen years later the applicant requested a final hearing in front of the Planning Board, apparently to gain final approval. The board required the applicant to pay fees, make a Wetlands application to the Trustees, and prepare a long form EAF and an EIS as per SEQRA. Subsequently, the Town Attorney ruled that the project was not subject to SEQRA. (Letter from J. Schondebare to Stern & Altamari - 1/27/89) . We would submit to the board that: 1) The initial application was and is null and void and that consequently: A. The Town should not have allowed the applicant to construct roadways and drainage systems on the property. B. The applicant should have been requested to PLANNING BOARD • 18 JULY 16,090 re-file for sub-division under existing zoning. C. The board should have required the applicant to re-file for subdivision when he requested a final hearing in 1988 . 2) The board was essentially correct to require the applicant to prepare a long form" EAF and was essentially correct to require a full EIS. The granting of a preliminary plat approval in 1974 is not necessarily an "excluded action" under SEQRA regulations. Section 617.2p states that "In the case of an action where it is still practicable either to modify the action in such a way as to mitigate adverse environmental effects, or to choose a feasible or less environmentally damaging alternative, the commissioner may, at the request of any person, or on his own motion, require preparation of an environmental impact statement; . . " We would reiterate however, that the application was null and void and that any resubmittal for subdivision occuring after 11/l/78 would be fully subject to SEQRA. 3 ) August Acres is only one of several subdivisions proposed for the area between Pipers Cove and Long Pond. NFEC feels that the cumulative impacts of these subdivisions including CBayview, Bayberry Estates, Long Pond Estates, and Port of Egypt expansion should be examined via a GEIS under SEQRA. Mr. Goldman: Holly, would you please give Mr. Arnoff a copy of this? Holly: Sure. Mr. Orlowski: This application dates back to 1975. Mr. Goldman: Before, 1974. It's ancient. Mr. Orlowski: What is the goal of the Environmental Council as far as this application? Mr. Goldman: Well, it is sort of a red flag as to the whole situation. In that general area there is about four or five subdivisions and a large marina expansion going on there at Port of Egypt and we feel that there is some Environmental Impacts that need to be taken a look at in a cumulative way. Especially on the Arshamomaque Pond, which apparently has lost shell fishing this year because of some chloroform problems which may be caused by road run off but with the addition of thirteen lots here and another eighteen there, thirty six there and the marina expansion, all this stuff will have an impact on that set of waterways. There is another small creek near Pipes Cove and small ponds and wetlands and it is a pretty sensitive area and PLANNING BOARD • 19 JULY 16 ,990 SEQRA is a very good tool for exploring all that and helping to make wise decisions up there. As far as the procedure and the process on this one it is a convoluted tale. The end result would be that we would like to see some SEQRA applications for that whole area. Mr. Orlowski: Now as these applications are coming in surrounding this one there will definitely be a detailed environmental impact statement's done on all of them. I mean this dates back to 1974. Mr. McDonald: I might suggest there is a model what Suffolk County in the Town of Easthampton did there in (inaudible) which is a very similar water body situation to Arshamomaque. What they did was a pre-study sort of based on some DEC guidelines and DEC has management guidelines and they did a fairly extensive environmental impact study of creek area. They didn' t look at it as a project by project area, they took a look at the resource first. Mr. Ward: Did DEC do that? Mr. McDonald: No, Suffolk County Planning Department did it at the request I believe of the Town of Easthampton and they had a very good handle on what the resource could hand and what the resource was all about as opposed to looking at it from a project point of view. They looked at it from the waterbodies ( point of view and that is always preferable to looking at it saying well how many units can we get in there. It is more like we' ll look at the stream and what is this stream all about and what is this waterbody all about and what can it handle. Mr. Orlowski: We've inquired about those monies and a lot of that has dried up right Mark? Mr. McDonald: There is no money coming in the near future for these kinds of projects. Mr. Goldman: We would be happy to sit with the board and try to loosen something up, there is always money someplace. Mr. McDonald: Are you proposing a geneic? Mr. Goldman: It is probably a good idea for that area. If we can get some definition of what the area is. Mr. McDonald: Who would pay for the generic? Mr. Goldman: Well, that would be the responsibility of the Lead Agency. I think what we need first is to sit down and have a think session about how to deal with this one before we make any hard recommendations about who is going to pay, who is going to be Lead and where it is going to come from. !LANNING BOARD •20 JULY 16, f90 Mr. McDonald: What kind of response are you expecting from this? Mr. Goldman: Just a meeting with you all to discuss it further and get a dialogue going. Just so we can figure out who else should be involved. Mr. McDonald: This is specifically pointed out at a subdivision, although you mentioned the fact that there are others. Your points are pointed at one subdivision rather than other subdivisions as well. I 'm specifically referring to those A, B and C. Mr. Goldman: Well, that is a very sticky situation. It's highly unlikely that you are going to turn around and say to this guy clear up your road I mean what would you do with the stuff anyway at this point. Mr. McDonald: I guess what I 'm asking is you don't have to tip your head, but are you considering litigation? Mr. Goldman: We haven't thought about it yet. Mr. Ward: What we have at this point is your North Fork Environmental Council, I guess what you're saying has identified this area as the most important environmental area in town to do a study on. CMr. Goldman: No, No that is not what we are saying. We're saying that this particular subdivision sort of sets off a red flag for us to look at this whole area. We always say to the Southold Town Board that we respectfully remind the boards that there is pending litigation and basically all bets are off until that litigation is resolved so if nothing else, it gives us some time to sit down and put our heads together and get creative about what really could be done and what really can't be done. That is all we're saying here. We need to sit down. Mr. Orlowski: You know I don't know how much time the board would have to sit down. This is a massive project, a generic impact on this area because you know and we do have some active applications in this area. I would suggest that you and somebody from the council come in and start something on your own and take a look at it. Mr. Goldman: Well, we 're not really equipped to do scientific research and that kind of thing. We like to take the position and you folks are the decision makers and we want to work with You to come up with creative solutions to solving some of the problems. Mr. McDonald: What else do we have in the area? Mr. Goldman: The Sage property. LANNING BOARD •21 JULY 16, #0 Mr. McDonald: Other than the Sage property and this, what else is in the area? Mr. Goldman: There are a couple, but they are about three or four miles away on the other side of the pond. You've got Bayberry, Bayview and Long Pond and then you've got at the bottom of the creek, Port of Egypt which wants to expand. Mr. McDonald: O.K. , we are talking about other subdivisions which are on different bodies of water. Mr. Goldman: Right, but they probably all have some cumulative impact because they are all going to feed out on to Route 25 onto the Main Road and they are all going to have some impact on that and some effect on the groundwater up there. Mr. Orlowski: This is a huge project. Mr. Goldman: It could be. Mr. Goldman: There may be another way to deal with it. Mr. McDonald: If you're thinking about where the money is going to come from to do this inside the town, I have to say that this really is not very feasible that there will be any money coming into the town for a study like this. That doesn't mean that there may not, as you said, be other avenues available. CMr. Goldman: I believe there will be. We are working with DEC and the group on the bond act and one of our ideas is that some of the money should be used for land use planning and assessment of properties and also we feel there is a real good shot with national (inaudible) money to use it for the kind of assessment that I described in the (inaudible) study. We have to take a look at all the waterways but how do you deal with that. Let' s get a good assessment of what is in there and what the resource can bear and that kind of document can be used for all kinds of things and maybe some of these properties should be preserved as open space, some of them may be preserved as ground water return or some of them may be preserved as habitat and some of them should be reserved maybe for marine related uses, shellfishing uses. Mr. McDonald: How much of this is already taken up then? STPA study or the Waterfront Revitalization study? Mr. Goldman: Maybe a lot of it, but I 'm just suggesting is that we ought to start working on it. We have the time. In this case we have the luxury of time because the court is not moving too quickly. Mr. Ward: Does the council have a member on the Waterfront Revitalization study? ?LANNING BOARD 4622 JULY 16, dJ90 Mr. Goldman: I don' t think of the members are. There may be any number of ways to deal with this. I 'm just suggesting that this was a red light to us. Mr. McDonald: What Mr. Ward said, the point you brought out was that you felt this was one of the most important areas in the town. Obviously, that wasn' t what you felt but what would be of some interest to me is what is your list of the some of the biggest problem areas and the biggest problems, which is not to belittle this one because perhaps this is on the top of the list, but I would be interested in seeing it considering the fact that we have limited resources, we have to target what we do we would be interested in knowing what you felt is most important. Mr. Goldman: Well, we have done some preliminary work around, you know the bond acts but that is as close as we've come to priorities. We are trying to get a little more focused on the priorities of what we are dealing with. We do so much, I mean the solid waste thing and I handle Riverhead too. We definitely have got our hands full there and basically it is being reactive instead of proactive. I wonder in keeping with what Mr. Ward said. Mr. McDonald: Not to curtail your comments, but I wonder if I could make a motion that we adjourn. CMr. Ward: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Respectfully submitted, Jane Rousseau Bennett Orlowski, Jr. , Chai an zr OARD MEMBERS o "•'* _rn , SCOTT L. HARRIS )wski, Jr., Chairman aa Supervisor ktchie Latham, Jr. _ .chard G. Ward �.� '��� ' Town Hall, 53095 Main Road ark S. McDonald P.O. Box 1179 .enneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 July 17, 1990 Karen J. Hagen Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, New York 11952 Re: Draft Covenants and Restrictions for August Acres, Sec. 1 Pipes Cove, Southold SCTM# 1000-53-4-44.2 Dear Ms. Hagen, This is to confirm that the Planning Board reviewed the June 22nd version of the draft Covenants and Restrictions for August Acres, Section 1. The Board' s position is that the draft should be revised to include a stipulation that the roads are to be owned and maintained by the Homeowner' s Association in the same manner as the open space, until such time as the offer of dedication is accepted by the Town of Southold. This information was communicated verbally to Matt Kiernan that same week. Upon receipt of a revised Declaration in conformance with this request, and its subsequent filing with the County Clerk' s office, the Chairman will be able to sign the final maps. If you have further questions, please do not hesitate to contact Valerie Scopaz of this office. Very Truly Yours, Bennett Orlowski, Jr. Chairman VS/vs PLANNING BOARD MEMBERS - { rzi+ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman yiO Supervisor George Ritchie Latham, Jr. Richard G. Ward 01 ' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 July 17, 1990 Karen J. Hagen Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: August Acres, Section 1 SCTM# 1000-53-4-44 . 2 Dear Ms. Hagen: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 16, 1990. RESOLVED that the Southold Town Planning Board grant a ninety ( 90) day extension of conditional final approval. Conditional final approval was granted on January 18, 1990, the extension will run until October 18, 1990. Please contact this office if you have any questions regarding the above. Very truly yours', Bennett Orlowski, Jr. S Chairman cc: Henry Raynor 78) TRUSTEES c r n SCOTT L. HARRIS Bredemeyer, III, President �' '�i► '3 Supervisor !* P. Smith, Vice President Albert J. Krupski, Jr. x 'w��� a', i"+�. Town Hall, 53095 Main Road John L. Bednoski, Jr. P.O. Box 1179 Southold, New York 11971 John B. Tuthill BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 JUN 2 8 I9 r,- June 27, 1990 g ..- Mr. Paul Clancy, President Peconic Bay Homeowners Association RR 1 Box 1600, Bayshore Road Greenport, NY 11944 RE: SCTM #1000-53-3-18 and 1000-53-3-15. 1 Dear Mr. Clancy: Your letter of June 25, 1990 and copy of your letter of June 4, 1990 to the Planning Board reached my desk simultaneously yesterday. On June 12, 1990, the Board of Trustees made a second visit to the site in question; the first having been a month earlier with only two board members present. These visits were the result of a request by Henry Raynor, Jr. , as agent for the owners, as to the feasibility of providing a community marina or moorings at the site( s) to serve the residents of the August Acres subdivision. As a result of the Board' s site visit and its concerns, I have been directed by the Board to investigate the basic building, zoning, and access issues before responding to Mr. Raynor in writing. Since we have no application before us and Mr. Raynor is interested in building a suitable project with full input, your concerns could be invaluable. When I have had time to complete by investigation for the Board, I will automatically send you a copy of my letter to Mr. Raynor. Please do not %esitate to call if I may be of further assistance in this matter. I can be reached at home most evenings from 6:00-9:00 PM at 323-2708. Very truly yours, Jo n M. Bredemeyer, III President, Board of Trustees JMB: jb cc: Planning Board Zoning Board Henry Raynor 1 " � AA �Vrl LC_ NORTH FORK ENVIRONMENTAL COUNCIL Route 25 at Love Lane, PO Box 799, Mattitucle, NY 11952 516-298-8880 MEMO 0o TO: . SOUTHOLD PLANNING BOARD FROM: NORTH FORK ENVIRONMENTAL COUNCIL _ UtB- RE: AUGUST ACRES SUB-DIVISION DATE: JULY 16, 1990 .p The North Fork Environmental Council wishes to express the following concerns to the board in regards to the August Acres sub-division. After review of information contained in the Planning Department' s records, the Southold Town code, and SEQRA regulations we note the following; The application seems to have become null and void between the dates of December 24th, 1975 and June 21st, 1976. Final conditional approval was granted by the Planning Board on 6/23/75. Section 106-24-F-2 of the Southold Town code states in part that conditional approval shall expire 180 days after the resolution of the Planning Board to approve a final plat subject to conditions and that the applicant has the right to petition the Board for two 90 day extensions. The applicant himself states in a letter to the Board dated 4/20/89, "Since conditions of the final approval were not complied with within the 180 days allotted, the final approval lapsed. " However, the applicant proceeded to install roads and drainage systems on the property. This seems to us to have been illegal. Fourteen years later the applicant requested a final hearing in front of the Planning Board, apparently to gain final approval. The Board required the applicant to pay fees, make a Wetlands application to the Trustees, and prepare a long form EAF and an EIS as per SEQRA. Subsequently the Town Attorney ruled that the project was not subject to SEQRA. (Letter from J. Schondebare to Stern & Altamari - 1/27/89) . We would submit to the Board that: 1) The initial application was and is null and void and that consequently: A. The Town should not have allowed the applicant to construct roadways and drainage systems on the property. a non-profit organization for the preservation of land, sea, air and quality of life printed on 100% recycled paper r B. The applicant should have been requested to re-file for sub-division under existing zoning. C. The Board should have required the applicant to re-file for sub-division when he requested a final hearing in 1988. 2) The Board was essentially correct to require the applicant to prepare a long form EAF and was essentially correct to require a full EIS. The granting of a preliminary plat approval in 1974 is not necessarily an "excluded action" under SEQRA regulations. Section 617.2 p states that "In the case of an action where it is still practicable either to modify the action in such a way as to mitigate adverse environmental effects, or to choose a feasible or less environmentally damaging alternative , the commissioner may, at the request of any person, or on his own motion, require preparation of an environmental impact statement; . . " We would re-iterate however, that the application was null and void and that any re-submittal for sub-division occuring after ll/l/78 would be fully subject to SEQRA. 3) August Acres is only one of several sub-divisions proposed for the area between Pipes Cove and Long Pond. NFEC feels that the cumulative impacts of these sub-divisions including Bayview, Bayberry Estates, Long Pond Estates, and Port of Egypt expansion should be examined via a DGEIS under SEQRA. } Su6R1er t`tS LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD,P.O.BOX 1424 WICKHAM MATTITUCK,LONG ISLAND BRESSLERSSLER NEW YORK 11952 MORTGAGE OFFICE AIL A.WICKHAM 516-298-5300 .NIEL C.RO55 516-298-8353 TELEFAX NO.516-298-2012 .AREN J.HAGEN TELEFAX NO. 516-298-8565 HUBERT F.SULLIVAN JOSEPH C.SAVINO June 25, 1990 Southold Town Planning Board Town Hall Main Road Southold, New York 11952 Re: August Acres, Section 1 Gentlemen: Please extend the final conditional approval, which is scheduled to expire July 18, 1990, for a 90 day period, to allow time for the Planning Board and the Town Attorney's Office to review the Homeowner's Association By-Laws. Thank you for your consideration. Very truly yours, j�U 1 Karen J. Hagen KJH:mjb 7 CC: Mario Posillico IU LAW OFFICES WICKHAM, WICKHAM 81 BRESSLER, P.C. MAIN ROAD, P.O.BOX 1424 ILLIAM WICKHAM MATTITUCK, LONG ISLAND :R1C J.BRESSLER NEW YORK 11952 MORTGAGE OFFICE ABIGAILA.WICKHAM 516-298-5300 DANIELC.ROSS 516-298-8353 TELEFA%NO.516-298-2012 KAREN J.HAGEN TELEFAX NO.516-298-8565 HUBERT F.SULLIVAN JOSEPH C.SAVINO June 22, 1990 Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: August Acres, Section 1 SCTM # 1000-53-4-44.2 Gentlemen: Enclosed pursuant to your letter dated June 15, 1990, is a draft of the By-Laws for the Homeowner's Association, which have been amended to reflect the comments contained in the letter. Please review these as soon as possible. I hope that another six months will not be necessary, as the Posillico's would like to finalize this matter. Verryy truly your Karen J. �en KJH:mjb Enc. 29 CC: Mario Posillico v, 25191? F Our Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE + (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 5, 1989 Henry Raynor P.O.Drawer A Jamesport, New York 11947 Re: August Acres Subdivision SCTM # 1000-53-4-44.2 Dear Mr. Raynor, This letter is a response to your April 28 , 1989 letter regarding the outstanding questions on August Acres. A review of Town records indicates that a conversation took place between James A. Schondebare, Town Attorney, and Jeff Stern of Stern & Altimari sometime last fall. Evidently Mr. Stern questioned the need for an environmental review. It was determined that your client was exempt from the provisions of SEQRA. The Planning Board will be addressing this matter at its public meeting this evening. However, your client may still need to obtain a permit from the Board of Trustees for activity proposed to occur within seventy-five feet of wetlands. The enclosed letter from the Town Attorney to Mr. Stern dated January 27 , 1989 makes mention of this. We have had no further correspondence from either the Trustees or Mr. Stern pursuant to that correspondence. The Trustees have no record of being contacted by Mr. Stern either. It is suggested, therefore, . that you or Mr. Stern initiate contact with the Trustee Office and determine whether a permit is required or not. Upon a determination or an approved permit from the Trustees, the Planning Board will be able to move forward on the August Acres application. Also, as requested previously, the entire property to be subdivided must be shown on the subdivision map, including Section Two which is now under separate ownership. The fact that Section Two is under separate ownership at this point, and that there are no plans to develop it at this time, does not oblige the Planning Board to exclude it from a subdivision map. However, if the lot in Section Two was always in single and separate ownership, then documentation, such as a title search dating to April 9, 1957, must be submitted as proof. If there are any questions, do not hesitate to call for an appointment. e Truly � ,z Bennett Orlowski, Jr. Chairman cc: James A. Schondebare, Town Attorney vs HENRY E. RAYNOR P.O. Drawer A, Main Road Jamesport, NY 11947 APR Z a April 27, 1989 Ms. Melissa Spiro Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 RE: August Acres Dear Ms. Spiro: I am requesting an appointment to finalize the Planning Board questions on the above captioned subdivision. As questions pertinent to the drainage and recharge have already been handled by prior town personnel, many items in prior correspondence are mute. Please arrange your earliest appointment . Sincerely Henr E. ynor P. O. Drawer A Jamesport, NY 11947 March 17, 1989 EMA�R L 1989 SOUTHOLD PLANNING r. , Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, NY 11971 RE: August Acres at Southold Dear Mr. Orlowski : With regard to the above referenced, it was my understanding that after your office had consulted with the Town Attorney, a date would be immediately set for a final public hearing. Please advise. Sincerely, � � �► Henry Rayn r, Jr. HER:ml CC : Posillico BY-LAWS OF AUGUST ACRES HOMEOWNERS ASSOCIATION, INC. A New York Not-for-Profit Corporation ARTICLE I - NAME LOCATION AND PRINCIPAL OFFICE These are the By-Laws of August Acres Homeowners Association, Inc. , hereinafter referred to as the "Association" . The principal office of the Association shall be in the Town of Southold, County of Suffolk, State of New York. ARTICLE II - DEFINITIONS The following words when used in these By-Laws shall, unless the context prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to August Acres Homeowners Association , Inc. , a New York Not-for-Profit Corporation. (b) "Developer" shall mean and refer to Posillico Construction Company, Inc. , its successors and assigns if such successors and assigns should acquire an undeveloped or developed but unsold portion of The Properties from the Developer for the purpose of development. (c) "Declaration" shall mean and refer to this Declaration of Covenants and Restriction, applicable to The Properties and amendments thereto, if any, in the Office of the Clerk of the County of Suffolk, New York. (d) "The Properties" shall mean and refer to all those areas of land described in and subject to the Declaration, and as shown on the subdivision map of August Acres, Section I. (e) "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the subdivision map of The Properties but shall not include the Open Space Area as herein defined. (f) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article VI. ", 2 5 (g) "Home" shall mean and refer to all units of residential housing situate upon lots on The Properties. (h) "Owner" shall mean and refer to the record owner Of fee simple title to any lot, including the Developer with respect to an unsold lot. Every lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vote to which such owners are entitled. (i) "Open Space Areas" shall mean and refer to certain areas of land other than individual lots as shown on the filed subdivision map and intended to undeveloped open space for the use and enjoyment of the owners of The Properties. (j ) "Development" shall mean August Acres, Section 1, a 36 lot subdivision located along Kerwin Boulevard, at Arshamomoque, Town of Southold, New York. ARTICLE III - PURPOSE This Association is formed to own, operate and maintain the Open Space Areas for the benefit of the Members of the Association and to otherwise act according to the provisions of the Declaration. All present and future Members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members. ARTICLE V - USE OF FACILITIES The Open Space Area shall be limited to the use of the Members or their families residing in their household, and the Member's guests. In the event that a Member shall lease or permit another to occupy his Hume, however, the lessee or occupant shall at the option of the Member, be permitted to enjoy the use of the Open Space Areas in lieu of and subject to the same restrictions and limitations as said Member. However, both the Member and the lessee may not use the Open Space Areas at the same time. ARTICLE VI - MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. The Association shall have one class of membership interest as follows: The Owner of each Lot on the Properties shall be a Member whether such ownership is joint, in common or tenancy by the entirety. Each Member is entitled to one vote for 25 each Lot in which they hold a membership interest. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determine but with exception of cumulative voting employed in the election of Directors, not more than one vote may be cast with respect to any such Lot. No Member shall split or divide its votes on any motion, resolution or ballot other than in the cumulative voting procedure employed in the election of Directors. ARTICLE VII - QUORUM. PROXIES AND WAIVERS Section 1. Quorum. So many Members as shall represent at least 51% of the total authorized votes of all Members present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. If, however, such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting. At least five days' written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might have been transacted at the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33 1/3 of the total authorized votes of all Members shall constitute a quorum. Section 2. Vote Required to Transact Business. When a quorum is present at any meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is one upon which by express provision of the Statue, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provisions shall govern and control the decision of such questions. Section 3. Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4. All proxies shall be in writing and shall be filed with the Secretary prior to the mestirq at which the same are to be used. A notation ofA;Ikh+ pr,oxies shall be made in the minutes of the meeting. - 25 Section 5. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by Statue or by any provision of the Declaration, Certificate of Incorporation or of these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 6. Place of Meeting. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings. Section 7. Annual Meetings. The annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors. At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By-Laws. The Members may also transact such other business and may properly come before the meeting. Section 8. Special Meetings. It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of the Members. Section 9. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Member at least ten, but not more than thirty, days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served. Section 10. Order of Business. The order of business at all meetings shall be as follows: (a) Roll Call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of Officers (e) Report of Committees (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business 5 ARTICLE VIII - BOARD OF DIRECTORS Section 1. Number and Term. The number of Directors which shall constitute the whole Board shall not be less than three nor more than five. An initial Board consisting of three Directors shall be designated by the Developer to serve until the meeting and at all subsequent annual meetings, the Members shall vote for and elect five Directors to serve to one-year terms and until their successors have been duly elected and qualified. All Directors, other than those the Developer shall have- the right to designate, must be either Members of the Association or immediate family members residing in the Member's home. Each Director shall be at least nineteen years of age. Section 2. Cumulative Voting and Right of Developer to Designate Certain Board Members. In an election of Directors, each Member shall be entitled to as many votes as shall equal the number of Directors to be elected and a Member may cast all of such votes for a single Director or may distribute them among two or more Directors as he sees fit. Notwithstanding the foregoing, the Developer shall have the right to designate three Directors until the second anniversary date of the recording of the Declaration or until 51% of the Lots in the Development are sold, whichever is sooner. Thereafter, the Developer shall have the right to designate one Director for so long as it holds at least one membership. The Developer may not cast its vote to elect any Directors in addition to the designated Directors set forth above. Section 3. Vacancy and Replacement. If the office of any Director becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise majority of the remaining Directors though less than a quorum, a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by the Developer resigns, the Developer shall have the right to appoint another Director in his place. Section 4. Removal. Directors may be removed for cause by an affirmative vote of a majority of the Members. No Director, other than a designee of the Sponsor, shall continue to serve on the Board if, during his term of office, he shall cease to be a Member. 5 Section 5. Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation or by these By-Laws, directed or required to be exercised or done by the members or Owners personally. These powers shall specifically include, but not be limited to, the following items: 1. To determine and levy assessments provided for in the Declaration. The Board of Directors may increase the monthly assessments or vote a special assessment in excess of that amount, if required to meet any additional necessary expenses. 2 . To collect, use and expend the assessments. 3 . To maintain the open space area, as designated on the subdivision map of August Acres, Section 1. 4. To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts. 5. To collect delinquent assessments by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and regulations herein referred to. 6. To make reasonable rules and regulations and to amend same from time to time. Such rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered a copy of such rules and all amendments to each Member. Such rules and regulations may, without limiting the foregoing, included reasonable limitations on the use of the Open Space Area by guests of the Members as well as reasonable admission and other fees for such use. 7 . To employ workman, contractors and supervisory personnel, to purchase supplies and equipment, to enter into contracts to provide maintenance and other services and generally to have the power of Directors in connection with the matters hereinabove set forth. 8. To bring and defend actions by or against one or more Members and pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. 9. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, each of such committees to consist of at least three Members, one of whom shall be a Director, which to the extent provided said resolution or resolutions shall have management of the business and affairs to the Association and may have power to sign all papers which shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. Section 6. Compensation. Directors and officers, as such, shall receive no compensation for their services. Section 7. Meetings. (a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special Meetings of the Board may be called by the President on two days' notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two Directors. (d) At all meetings of the Board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of a two- thirds majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by Stattle or by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall be present. 25 (e) Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section S. Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement verified by an independent public account and a statement regarding any taxable income attributable to the Members and a notice of the holding of the annual meeting of Association members. Section 9. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association handling or responsible for Association funds shall furnish adequate fidelity bonds. The premiums of such bonds shall be an expense of the Association. ARTICLE IX - OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by the Board of Directors and shall be a President, a Vice President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment may be necessary. All officers must be either members of the Board of Directors, Members of the Association, or lessees of occupants entitled to the use of the Properties in lieu of the Member renting or permitting them to occupy the Home in which they reside. Two or more offices may not be held by the same person. Section 2. Election. The Board of Directors, at its first meeting after each annual meeting of the Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3 . Appointive Officers. The Board may appoint such other officers and agents as it shall deem necessary who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4. Term. The officers shall office for a period of one year or until their successors are chosen and qualify in their stead. An officer elected or appointed by the Board of Directors may be removed with or without cause, at any time, by the affirmative vote of a majority of the Board of Directors present at such meeting, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. Section 5. The President. The President shall be the chief executive officer of the Association; he shall- preside- at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of the President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6. The Vice President. The Vice President shall take the place of the president and perform his duties whenever the President shall be absent or unable to act and shall have other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 7. The Secretary. The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section 8. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. Section 9. Agreements, etc. All agreements and other instruments shall be executed by the President or such other person as may be designated by the Board of Directors. ARTICLE X - NOTICE Section 1. Definitions. Whenever under the provisions of the Declaration of these By-Laws, notice is required to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper addressed to the Board of Directors, such Director, or Member, such address as appears on the books of the Association. Section 2. Service of Notice - Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE XI - AMENDMENTS These By-Laws may be altered, amended or added to at any duly called meeting of the Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least sixty-six and two thirds percent (66 2/3%) of the Members. No amendment, however, shall affect or impair the validity or priority of the Members' interests and the interests of holders of a mortgage encumbering a Member's Lot. Nor shall any amendment have the effect of infringing upon the Developer's right to make membership in or use of the Association available to purchasers or lessees of the Lots of The Properties. ARTICLE XII - SELLING. LUSING AND GIFTS OF LOTS Section 1. Selling and Leasing Lots. Any Lot may be conveyed or leased by a Member free of any restrictions except that no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Lot unless and until all unpaid Association expenses assessed against the Lot shall have been paid as directed by the Board of Directors. Such unpaid Association expenses, however may be paid out of the proceeds from the sale of a Lot, or by the Grantee. Any sale or lease of a Lot in violation of this section shall be voidable at the election of the Board of Directors. - Upon the written request of a Member of his mortgagee, the Board of its designee shall furnish a written statement of the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the issuance of such statements. The provisions of this section shall not apply to the acquisition of a lot by a mortgagee who shall acquire title to such Lot by foreclosure or by deed in lieu of foreclosure. In such event the unpaid assessments against the Lot which were assessed and became due prior to the acquisition of title to such Lot by such mortgagee shall be deemed waived by the Association and shall be charged to all other members of the Association as a common expense. Such provisions shall, however, apply to any assessments which are assessed and become due after the acquisition of title to such Lot by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Lot" is referred to in this section, it shall include the Lot, the Member's interest in the Association and the Member's interest in any Lots acquired by the Association. Section 2. Gifts, etc. Any member may convey or transfer his Lot by gift during his lifetime or devise his Lot by will or pass the same by intestacy without restriction. ARTICLE XIII - GENERAL PROVISIONS Section 1. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors. Section 2 . Seal. The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3 . Examination of Books and Records. Each Member, or their respective representatives and first mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to its Board of Directors. The Declaration, Certificate of Incorporation and the By-Laws of the Association shall be available for inspection by any Member or first mortgagee at the principal office of the Association. Section 4 . Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, whenever the context so required. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control. Section 5. Severability. Should any of the Covenants, terms of provisions herein imposed by or become unenforceable at law or in equity, the remaining provisions of these By-Laws shall, nevertheless, be and remain in full force and effect. THE UNDERSIGNED Directors hereby certify that they have adopted the foregoing By-Laws as the first By-Laws of the Association, in accordance with the requirements of the Not- for-Profit Corporation Law. Dated: , 1990 29By-Laws CrW FBI KpO �0, Gy► PLANNING BOARD MEMBERS N 1,+, SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman V'O �'► !. Supervisor George Ritchie Latham, Jr. Richard G. Ward �O! Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 15, 1990 Karen J. Hagen, Esq. Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Main Road Mattituck, New York 11952 RE: Draft Covenants and Restrictions August Acres, Section 1 SCTM#1000-53-4-44.2 Dear Ms. Hagen: The Planning Board has reviewed the Assistant Town Attorney' s comments on the Draft Declaration of Covenants and Restrictions for the August Acres Homeowner' s Association. The Board finds that the Declaration as proposed is lacking in scope and definition. Please incorporate the following comments into the Declaration: 1. Many of the restrictions proposed to be placed on the individual lots are being required by your client; not by the Town. This should be made clear. The Declaration should make clear who is responsible for the administration of the Homeowner' s Association and when the developer will transfer responsibility for enforcement to the Homeowner' s Association. 2. The developer has obtained subdivision approval from the Health Department. This approval requires that each lot be provided with public water from Greenport Village. Consequently, paragraph 8 of the draft Declaration does not apply. 3 . Paragraph 10 effectively excludes the typical residential sign that displays the street address and owner' s name. Is this an intended effect? Page 2 August Acres 4. Contrary to paragraph 16, the roads and drainage areas must be owned and controlled by the Homeowner' s Association; not your client; until the Town agrees to accept dedication of same. 5. Paragraph 17 should be amended to provide for structures to be placed within the commonly held open space upon approval by the Planning Board; not the Town Board. 6. Paragraph 18 should be revised. The Town will determine how the open space will be assessed. 7. Paragraph 19 should be revised. Each individual lot owner will be assessed a proportionate share of the taxes on the open space by the Tax Assessor' s office. 8. Subsection (b) of Paragraph 23 shall be revised by deleting reference to payment of taxes except on roads and drainage areas. Enclosed is an Homeowner' s Association that was recently filed with this office. You may find it useful in preparing the revisions. If there are any questions, please don't hesitate to contact Valerie Scopaz, Town Planner. Very truly yours, dle-X� z/Xvt Bennett Orlowski, Jr. Chairman Encl. cc: Matthew Kiernan, Assistant Town Attorney BY-LAWS OF CHARDONNAY WOODS HOMEOWNERS ASSOCIATION, INC. A New York Not-for-Profit Corporation ARTICLE I - NAME, LOCATION AND PRINCIPAL OFFICE These are the By-Laws of Chardonnay Woods Homeowners Association, Inc. , hereinafter referred to as the "Association". The prinicpal office of the Association shall be in the Town of Southold, County of Suffolk, State of New York. ARTICLE II - DEFINITIONS The following words when used in these By-Laws shall, unless the context prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to Chardonnay Woods Homeowners Associations, Inc. , a New York Not-for-Profit Corporation. (b) "Developer" shall mean and refer to Neil M. Rego and his successors and assigns if such successors and assigns should acquire an undeveloped or developed but unsold portion of The Properties from the Developer for the purpose of development. (c) "Declaration" shall mean and refer to the Declaration 'of Covenants and Restrictions, applicable to The Properties and amendments thereto, if any, in the Office of the Clerk of the County of Suffolk, New York. (d) "The Properties" shall mean and refer to all those areas of land described in and subject to the Declaration, and as shown on the subdivision map of Chardonnay Woods at Southold. (e) "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the subdivision map of The Properties but shall not included the Open Space Area as herein defined. (f) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article VI. (g) "Home" shall mean and refer to all units of residential housing situate upon lots on The Properties. (h) "Owner" shall mean and refer to the record owner of fee simple title to any lot, including the Developer with respect to an unsold lot. Every lot Owner shall be treated for all purposes as a single owner for each lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vot to which such owners are entitled. (i) 'Open Space Areas' shall mean and refer to certain areas of land other than individual lots as shown on the filed subdivision map and intended to undeveloped open space for the use and enjoyment of the owners of The Properties. ( j) "Development" shall mean Map of Chardonnay Woods at Southold, a 18 lot subdivision located along Sound View Avenue, North Souhold, New York. ARTICLE III - PURPOSE This Association is formed to own, operate and maintain the Open Space Areas for the benefit of the Members of the Association and to otherwise act according to the provisions of the Declaration. ARTICLE IV - APPLICABILITY All present and future Members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members. ARTICLE V - USE OF FACILITIES The Open Space Areas shall be limited to the use of the Members or their families residing in their household, and the Members' guests. In the event that a Member shall lease or permit another to occupy his Home, however, the lessee or occupant shall at the opton of the Member, be permitted to enjoy the use of the Open Space Areas in lieu of and subject to the same restrictions and limitations as said Member. However, both the Member and the lessee may not use the Open Space Areas at the same time. ARTICLE VI - MEMBERSHIP AND VOTING RIGHTS Section 1. Membership_ The Association shall have one class of membership interest as follows: The Owner of each Lot on the Properties shall be a Member whether such ownership is joint, in common or tenancy by the entirety. Each Member is entitled to one vote for each Lot in which they hold a member- ship interest. When more than one person or entity holds such interest in any Lot, the one vote attributalbe to such Lot shall be exercised as such persons mutually determine but with exception of cumulative voting employed in the election of Directors, not more than one vote may be cast with respect to any such Lot. No Member shall split or divide its votes on any motion, resolution or ballot other than in the cumulative voting procedure employed in the election of Directors. ARTICLE VII - QUORUM, PROXIES AND WAIVERS Section 1. Quorum. So many Members as shall represent as least 51% of the total authorized votes of all Members present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. If, however, such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting. At least five days' written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might have been transacted At the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33-1/3 of the total authorized votes of all Members shall constitute a quorum. Section 2. Vote Required to Transact Business. When a quorum is present at any meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is on upon which by express provision of the Statue, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provisions shall govern and control the decision of such questions. Section 3. Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4. All proxies shall be in writing and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of such proxies .shall be made in the minutes of the meeting. Section 5. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by Statue or by any provision of the Declaration, Certificate of Incorporation or of these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 6. Place of Meeting. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings. Section 7. Annual Meetings. The annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors. At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By-Laws. The Members may also transact such other business an may properly come before the meeting. Section S. Special Meetings. It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of the Members. Section 9. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Member at least ten, but not more than thirty, days prior to such meeting. The mailing of a notice in the manneF provided in these By-Laws shall be considered notice served. Section 10. Order of Business. The order of business at all meetings shall be as follows: (a) Roll Call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of Officers (e) Report of Committees (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business ARTICLE VIII - BOARD OF DIRECTORS Section 1. Number and Term. The number of Directors which shall constitute the whole Board shall not- be less than three nor more than-five. An initial Board consisting of three Directos shall be designated by the Developer to serve until the meeting and at all subsequent annual meetings, the Members shall vote for and elect five Directors to serve to one-year terms and until their successor have been duly elected and qualified. All Directors, other than those the Developer shall have the right to designate, must be either Members of the Association or immediate family members residing in the Member' s home. Each Director shall be at least nineteen years of age. Section 2. Cumulative Voting and Right of Developer to Designate Certain Board Members. In an election of Directors, each Member shall be entitled to as many votes as shall equal the number of Directors to be elected and a Member may cast all of such votes for a single Director or may distribute them among two or more Directors as he sees fit. Notwithstanding the foregoing, the Developer shall have the right to designated three Directors until the second anniversary date of the recording of the Declaration or until 51% of the Lots in the Development are sold, whichever is sooner. Thereafter, the Developer shall have the right to designated one Director for so long as it holds at least one membership. The Developer may not cast its vote to elect any Directors in addition to the designated Directors set forth above. Section 3. Vacancy and Replacement. If the office of any Director becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise majority of the remaining Directos though less than a quorum, a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by the Developer resigns, the Developer shall have the right to appoint another Director in his place. Section 4. Removal. Directors may be removed for cause by an affirmative vote of a majority of the Members. No Director, other than a designee of the Sponsor, shall continue to serve on the Board if , during his term of office, he shall cease to be a Member. Section 5. Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation of by these By-Laws, directed or required to be exercised or done by the members or Owners personally. These powers shall specifically include, but not be limited to, the following items: 1. To determine and levy assessments provided for in the Declaration. The Board of Directors may increase the monthly assessments or vote a special assessment in excess of that amount, if required to meet any additional necessary expenses. 2. To collect, use and expend the assessments. 3. To maintain the open space area, as designated on the subdivision map of Chardonnya Woods at Southold. 4. To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts. 5. To collect delinquent assessments by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and regulations herein referred to. 6. To make reasonable rules and regulations and to amend same from time to time. Such rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered a copy of such rules and all amendments to each Member. Such rules and regulations may, without limiting the foregoing, included reasonable limitations on the use of the Open Space Area by guests of the Members as well as reasonable admission and other fees for such use. 7. To employ workmen, contractors and supervisory personnel, to purchase supplies and equipment, to enter into contracts to provide maintenance and other services and generally to have the power of Directors in connection with the matters hereinabove set forth. 8. To bring and defend actions by or against one or more Members and pertinent to the operation of the Assocation and to assess special assessments to pay the cost of such litigation. 9. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, each of such committees to consist of at least three Members, one of whom shall be a Director, which to the extent provided said resolution or resolutions shall have management of the business and affairs to the Associaton and may have power to sign all papers which shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. Section 6. Compensation. Directors and officers, as such, shall receive no compensation for their services. Section 7. Meetings. (a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be presnet, or as soon thereafter as may be practicable. The annual meeting of the Board of Director shall be held at the same place as the annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held without special notice- (c) Special Meetings of the Board may by called by the President on two days' notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of a least two Directors. (d) At all meetings of the Board, a majority of the Directors shall be necessary and sufficient to Constitute a quorum for the transaction of business, and an act of a two-thirds majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by Statue of by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall he present. (e) Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 8. Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement verified by an independent public account and a statement regarding any taxable income attributable to the Members and a notice of the holding of the annual meeting of Association members. Section 9. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association handling or responsible for Association funds shall furnish adequate fidelity bonds. The premiums of such bonds shall be an expense of the Association. ARTICLE IX - OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by the Board of Directors and shall be a President, a Vice President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment maybe necessary. All officers must be either members of the Board of Directors, Members of the Association, or lessees of occupants entitled to the use of the Properties in lieu of the Member renting or premitting them to occupy the Home in which they reside. Two or more offices may not be held by the same person. Section 2. Election: The Board of Directors, at its first meeting after each annual meeting of the Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3. Appointive Officers. The Board may appoint such other officers and agents as it shall deem necessay who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4. Term. The officers shall office for a period of one year or until their successors are chosen and qualify in their stead. An officer elected or appointed by the Board of Directors may be removed with or without cause, at any time, by the affirmative vote of a majority of the Board of Directors present at such meeting, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. Section 5. The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active manage- ment of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duites as are usually vested in the office of the President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6. The Vice President. The Vice President shall take the place of the president and perform his duties whenever the President shall be absent or unable to act and shall have other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 7. The Secretary. The Secretary and /or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section 8. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, euch Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it , an account of all his transactions as Treasurer and of the financial condition of the Association. r. •r tr He shall keep detailed financial recors and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. Section 9. Agreements, etc. All agreements and other instruments shall be executed by the President or such other person as may by designated by the Board of Directors. ARTICLE X - NOTICES Section 1. Definitions. Whenever under the provisions of the Declaration of of these By-Laws, notice is required to be given to the Board of Directors of to any Director or Association Member, it shall not be sonstrued to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper addressed to the Board of Directors, such Director, or Member, such address as appears on the books of the Association. Section 2. Service of Notice - Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE XI - AMENDMENTS TheseBy-Laws may be altered, amended or added to at any duly called meeting of the Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least sixty-six and two thirds percent (66-2/3%) of the Members. No amendment, however, shall affect or impair the validity or priority of the Members' interests and the interests of holders of a mortgage encumbering a Member's Lot. Nor shall any amendment have the effect of infringing upon the Developer's right to make membership in or use of the Association available to purchasers or lessees of the Lots of The Properties. ARTICLE XII - SELLING, LEASING AND GIFTS OF LOTS Section 1. Selling and Leasing Lots. Any Lot may be conveyed or leased by a Member free of any restrictions except that no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Lot unless and until all unpaid Association expenses assessed against the Lot shall have been paid as directed by the Board of Directors. Such unpaid Association expenses, however may be paid out of the proceeds from the sale of a Lot, or by the Grantee. Any sale or lease of a Lot in violation of this section shall be voidable at the election of the Board of Directors. Upon the written request of a Member of his mortgagee, the Board of its designee shall furnish a written statement of the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the issuance of such statements. The provisions of this section shall not apply to the acquisition of a lot by a mortgagee who shall acquired title to such Lot by fore- closure or by deed in lieu of foreclosure. In such event the unpaid assesseements against the Lot which were assessed and became due prior to the acquisition of title to such Lot by such mortgagee shall be deemed waived by the Association and shall be charged to all other members of the Association as a common expense. Such provisions shall, however, apply to any assessment which are assessed and become due after the acquisition of title to such Lot by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Lot" is referred to in this section, it shall included the Lot, the Member's interest in the Association and the Member's interest in any Lots acquired by the Association. Section 2. Gifts, etc. Any Member may convey or transfer his Lot by gift during his lifetime or devise his Lot by will or pass the same by intestacy without restriction. ARTICLE XIII - GENERAL PROVISIONS Section 1. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors. Section 2. Seal. The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3. Examination fo Books and Records. Each Member, or their respective representatives and frist mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to its Board of Directors. The Declaration, Certificate of Incorporation and the By-Laws of the Associa- tion shall be available for inspeciton by any Member or first mortgagee at the principal office of the Association. Section 4. Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, whenever the context so required. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control; and in the case of ,any conflict between the Declaration and these By-Laws, the Declaration shall control. Section S. Severability. Should any of the Covenants, terms of provisions herein imposed by or become unenforceable at law or in equity, teh remaining provisions of these By-Laws shall , nevertheless, be and remain in full force and effect. THE UNDERSIGNED Directors hereby certify that they have adopted the foregoing By-laws as the first By-Laws of the Association, in accordance with the requirements of the Not-for-Profit Corporation Law. Dated: May 1989. c _ • � •� CERTIFICATE OF INCORPORATION OF CHARDONNAY WOODS HOMEOWNER'S ASSOCIATION INC. Under Section 402 of the Not-For-Profit Corporation Law Filer: Neil N. Rego 100 Fog Hill Drive Baiting Hollow, New York 11933 CERTIFICATE OF INCORPORATION OF CHARDONNAY WOODS HOMEOWNER'S ASSOCIATION, INC. Under Section 402 of the Not-For-Profit Corporation Law The undersigned, being a natural person and at least eighteen years of age, desiring to form a not-for-profit corporation to the Provisions of the Not-For-Profit Corporation Law of the State of New York, does hereby certify and set forth as follows: (1) The name of the corporation is: CHARDONNAY WOODS HOMEOWNER'S ASSOCIATION, INC. (2) The corporation is a corporation as defined in subparagraph (a) (5) of Section 102: the corporation is a Type A corporation. -(3) The purpose or purposes for which this corporation is organized are as follows, to wit: To promote the health, safety and welfare of the residents of Chardonnay Woods and to own, acquire, operate and maintain open space areas, commons, streets, footways, structures and personal properties incident thereto. To enforce any and all covenants, restrictions and agreements applicable to the residents of Chardonnay Woods. To pay taxes, if any, on the common properties and facilities. To do any other act or thing incidental to or connected with the foregoing purposes or in advancement thereof, but not for the pecuniary profit or financial gain of its members, directors or officers. Nothing contained in this certificate shall authorize or empower the corporation to perform or engage in any act or practice prohibited by General Business Law, Section 340 or any other antimonopoly statute of the State of New York. (4) The office of the corporation in the State of New York is to be located in the County of Suffolk. (5) The initial directors of the corporation until the first annual meeting are as follows: Neil M. Rego 100 Fox Hill Drive Baiting Hollow, New York 11933 Janey Anderson 42 Mill Road Remsenburg, New York 11960 Rachel Mincieli: Albo Drive Mattituck, New York 11952 (6) The duration of the corporation is to be perpetual. (7) The Secretary of the State is designated as agent of the corporation upon whom process against it may be served. The post office address to which the Secretary of State shall mail a copy of any process against the corporation served upon him is: 100 Fox Hill Drive Baiting Hollow, New York 11933 - IN WITNESS WHEREOF, this certificate has been signed this 15th day of May, 1989, by the undersigned who affirms that the statements made herein are true under the penalties of perjury. `- , kscEPARTMENT OF STATE FILING RECEIPT NAME RESERVATION (FOREIGN-BUSINESS) CORPORATION NAME --- -- CHARDONNAY WOODS HOMEOWNER ' S ASSOCIATION INC. (RES FOR 60 DAYS) DATE FILED DURATION 6 COUNTY CODE FILM NUMBER CASH NUMBER 05/08/89 C007809-1 396000 NUMBER AND KIND OF SHARES LOCATION OF PRINCIPAL OFFICE _ FOR NEIL REGO (SUBMIT CTF WHEN FILING) ADDRESS FOR PROCESS REGISTERED AGENT FEES AND/OR TAX PAID AS FOLLOWS, AMOUNT OF CHECKS 00020.00 AMOUNT OF MONEY ORDER $ AMOUNT OF CASH t t DOLLAR FEE TO COUNTY S FILING $ TAX FILER NAME AND ADDRESS t CERTIFIED COPY S 10.00 CERTIFICATE NEIL REGO 010.00 MISCELLANEOUS 100 FOX HILL. DR. TOTAL PAYMENTS 0000020.00 BAITING HOLLOW NY 11933 REFUND OF TO FOLLOW 380604-M(8/84) GAIL. S SHAFFER - SECRETARY OF STATE >UBGrCC LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND W ILLIAM WICKHAM MORTGAGE OFFICE ERIC J.BRESSLER NEW YORK 11952 516-298-5300 ABIGAILA.WICKHAM 516-298-8353 TELEFAX NO.516-298-2012 DANIEL C.R055 TELEFAX NO.516-298-8565 "REM J.HAGEN HUBERT F.SULLIVAN JOSEPH C.SAVINO April 25, 1990 Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: August Acres, Section 1 SCTM # 1000-53-4-44.2 Gentlemen: This letter is to confirm today's message from Melissa that the Covenants and Restrictions for the Homeowner's Association, for the above cited subdivision, which were sent on January 18, 1990 are now being reviewed by the town attorney's office. We expect to hear from the Board shortly. Very truly yours,` [ Karen J. Hagen Y,JH:mjb 3 CC: Southold Town Attorney's Office Henry Raynor Mario Posillico F APR 2 6 199) �cVFfOt!(COG Town Hall, 53095 Main Road v er '= SCOTT L. HARRIS P.O. Box 1179 N ' �0,. /� Supervisor Southold, New York Fax (516) 765-1823 11971 l Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Raymond Jacobs, Superintendent of Highways FROM: Valerie Scopaz, Town Planner 15 DATE: March 1, 1990 ✓ RE: Dedication of Roads in August Acres: Major Subdivision SCTM # 1000-53-4-44.2 I am inquiring as to whether a decision has been made with regard to the offer of dedication of roads and drainage areas within the above-named subidivision. A copy of the Planning Board' s letter of February 5, 1990, is enclosed for reference. If you need additional information, please don' t hesitate to ask. v r Town Hall. 53095 Main Road tv P.O. Box 1179 Southold, New York 11971 _ �s TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 5, 1990 Raymond Jacobs Superintendent of Highways Peconic, New York 11958 RE: Major Subdivision of August Acres SCTM# 1000-53-4-44. 2 Dear Ray, Enclosed please find the January 31, 1990 correspondence from James Posillico offering the roads and drainage areas in the above mentioned subdivision for dedication to the Town. Please conduct a final inspection and notify the Planning Board, in writing, as to whether the roads and drainage areas are acceptable for dedication to the Town. Enclosed also are previous reports from staff and from the office of Sidney B. Bowne and Son. Please notify this office if you need any further information. Thank you in advance for your assistance. Very truly yours, Bennett Orlowskd�� �/✓S Chairman enc. CC: Scott Harris, Supervisor Town Board Members ms SuFF�c� wt5 POSILLICO1 �STRUCTION COMPANY, IN P(5 EXCAVATING AND ROAD BUILDING TA 516•EDGEWOOD 3 31 mFM*TY-ON AVENUE3-OW WESTBURY, N. Y. 31390 January 31 , 1990 Town of Southold Planning Board P .O. Box 1179 Southold, New York 11971 Attention: Mr . Bennett Orlowski, Jr . Re : August Acres Development, Southold, N. Y. SCTM #1000-53-4-44. 2 Dear Mr . Orlowski: In response to the Town Planning Board action taken on December 18, 1989, we hereby offer for dedication to the Town of Southold the roads and drainage areas as indicated on the subject map. Our attorneys handling the subdivision, Wickham, Wickham, and Bressler , have been notified to prepare any deeds which are required by the Town attorney for the transfer of title . Thank-you for your continued consideration in this matter . Very truly yours, � James A. Posillico Secretary, Posillico Construction Co. , Inc . JAP/mp cc: Karen Hagen-Wickham, Wickham, and Bressler Mr. Henry Raynor ,. q}li D TO: File FROM: Melissa Spiro RE: August Acres - SCTM# 53-4-44. 2 DATE: March 28 , 1988 This site was inspected by Victor Lessard and Melissa Spiro on Monday, March 28 , 1988 following a 2 inch rainfall that occurred on Saturday, March 26. Both drains by the recharge basin at the south side of the parcel were flooded, as was the intersection to the north of the recharge basin (see map on bottom and pictures) . The recharge basin was flooded to capacity and at the same elevation as the standing water by the drains and the intersection. There was no flooding at the entrance to the subdivision off Kerwin Boulevard, however the recharge basin was discharging across the street into the wetlands. The above problems were brought to Ray Dean' s attention and a field inspection was conducted. C y 5 � r + I a h + V ! '•�tZ,vl!�� 1 , ds.�.-evq � "l:r� .'.,L'til1'i j. f�..fi.�' .��" � . )� i` c ....s � . ' '.. r✓r Jl�yt '-Ir �� , SbCiib 2C�.b � � y. "r I (J9, � a .3•t�� ...� 1/l' 3 t tt:. r Sl Aer tJ_a:wtf\. nXr, ! I i NE A6. r �-. - Pu .:..:. • :GC,C) a. ill I i SIDNEY B. BOWNE & SOM Sidney B.Bowne.P.E..L.S. (1922-1959) vdr.co Chester C Kelsey, P.E..L.S. 45 Manor Road i•c«a•. Alexandre W.Mercil.P.E. Robert A. Stanton, P.E. Smithtown, N.Y. 11787 Robert W. Brown.L.S. (516) 724_061 1 Zabdiel A.Blackman.P.E.,L.S. •�rr George A.Style. P.E. t' Jerry D.Almont. P.E. George L.Fagan,Jr., Ph.D..P.E. Thomas R. Pynchon.L.S. November 5, 1987 Mr. Bennett Orlowski, Jr. , Chairman TOWN OF SOUTHOLD Planning Board 53095 plain Road Southold, New York 11971 Re: August Acres, Major Subdivision, Posillico, Greenport, Town of Southold, New York (SBB NO. 87110) S. C. T.M. 1000-53-4-44. 2 Gentlemen: Mr. V. Lessard, Building Inspector of Southold, informed us of serious drainage problems on this subdivision and asked us to investigate. Mr. Ray Dean and Mr. C. S. Heffernan of this office visited the site and our observations are as follows: 1. The ponding of water in the roadway at the intersection of Pleasant Place and August Lane, as well as the ponding in the vicinity of the recharge basin at Pleasant Place and Kerwin Blvd. , is a result of the abnormal heavy rainfall which filled the recharge basin and was not diffused into the aquifer. The water laying in the roadway reflects the same general elevation of the water in the recharge basin. 2. The culvert at the northwest corner of the subdivision, Kerwin Blvd. had water draining through it to a trench on the northeast side of Kerwin. Mr. Lessard felt that the contractor, Posillico Construction Co. , Inc. had installed pipe and utilized this culvert as an overflow from the recharge basin at the intersection of Kerwin and Bayshore Road. Although visual observation within the structure was impossible due to the structures being filled with water, two 1211+ corrugated pipes were found to the north of the recharge basin with a general direction toward the drain basin at the culvert location. We will schedule a more exacting inspection when conditions are more favorable to resolve this question. II IS Very truly yours, � I J r !t ,�a1 SIDNEY E. BOWNE & SON ( �Lil '" :::ai8.r • CONS TING ENGIN LL SOUTHOLD TOTYII PUNNING BOARD CORNELIUS FFEIRN N CSH:cIg xc: R. Jacobs R. .Dean MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Op"duniry,Employer M/FM / SID NEY B. BOWNE & SON /!Sidney B.Bowne,P.E.,L.S. C�^^,'./lN^ �NR �� Roland Anders Kelsey, P. ..L.S. v""`""" Roger L Cpccnl Chester a Kelsey, P.E..L. 45 Manor Road FranaaJ Lynch Alexandre W.Mercil, P.E. Robert IN Brown,L S.Stanton.P.E. Smithtown, N.Y. 11787 Ptubp Schlotthaua. RobertJoseph F Stedan Zabdie W. . m abdlel A.Blackman,P.E.,L.S. (516) 724-061 1 Pam F Sleena Wilimm T Slyne Richards Weber George A.Style,P.E. Jerry D.Almon?,P.E. George L.Fagan,Jr.,Ph.D..P.E. Frank Capobianco.C.E. Thomas R. Pynchon. L.S. February 5, 1988 Mr. Bennett Orlowski, Jr. , Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: August Acres, Major Subdivision, Posillico, Greenport, Town of Southold, New York (SBB NO. 87110) Gentlemen: We were informed on 2/4/88 by Valerie Scopaz of the Southold Planning Board, that a final inspection of this subdivision has been scheduled for 2/10/88 at the request of Posillico Construction Co. , Inc. On February 4, 1988, Mr. Raymond Dean , and Mr. C.S. Heffernan, both of this office, field checked this project against the list of completions/corrections forwarded to your office on 11/5/87 and we find that the only item that has been addressed on this list is item 1, Surfacing. The soft areas have been stablized and the excess stone swept and removed. Everything else is as it was at the time of our inspection of 11/5/87. We feel that a final inspection is not warranted at this time since the developer, Posillico Construction Co. , Inc, has not made any effort to resolve the items listed for completion/correction on our original submission. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS 41 /COkNELIUS S. HE ERNA CSH:clg cc: Ray Jacobs, Supt./Hwys. Ray Dean T/= M INEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H I— l� Vs F �E P. O. Dcawer A Jamesport, NY 11947 February 13, 1990 Southold Town Plan.^._,:g Boar. Main Road Southold, NY 11971 RE : Aucjust Acres, Section I 1000-53-4-44. 2 Dear Sirs : As per your request of December 21 1989, please find enclosed new mylars and paper prints of the above referenced which contain current Health Department approval . Sincerely, Henry E. Raynor, Jr. HER:ml Encs. 3 � 7,•.1 Jr" a Town Hall, 53095 Main Road �� P.O. Box 1 179 Southold. New York 1 1971 TELEPHONE (516) 7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 5, 1990 Raymond Jacobs Superintendent of Highways Peconic, New York 11958 RE: Major Subdivision of August Acres SCTM# 1000-53-4-44. 2 Dear Ray, Enclosed please find the January 31, 1990 correspondence from James Posillico offering the roads and drainage areas in the above mentioned subdivision for dedication to the Town. Please conduct a final inspection and notify the Planning Board, in writing, as to whether the roads and drainage areas are acceptable for dedication to the Town. Enclosed also are previous reports from staff and from the office of Sidney B. Bowne and Son. Please notify this office if you need any further information. Thank you in advance for your assistance. Very truly yours, �! Bennett Orlowski, Jr. Chairman enc. cc: Scott Harris, Supervisor Town Board Members HIS 6UEAL6 POSMUCO CISTRUCTION COMPANY, INC. P f5 TA EXCAVATING AND ROAD BUILDING 31 MvNt Y^,ON AVENUE 316•EDCHWOOD 3-ow 31 N. Y. 13390 ' January 31, 1990 Town of Southold Planning Board P .O. Box 1179 Southold, New York 11971 Attention: Mr . Bennett Orlowski, Jr . Re : August Acres development, Southold, N. Y. SCTM #1000-53-4-44. 2 Dear Mr . Orlowski : In response to the Town Planning Board action taken on December 18, 1989, we hereby offer for dedication to the Town of Southold the roads and drainage areas as indicated on the subject map. Our attorneys handling the subdivision, Wickham, Wickham, and Bressler, have been notified to prepare any deeds which are required by the Town attorney for the transfer of title . Thank-you for your continued consideration in this matter . Very truly yours, � James A. Posillico Secretary, Posillico Construction Co. , Inc . JAP/mp cc: Karen Hagen-Wickham, Wickham, and Bressler Mr. Henry Raynor mW ._: .. TO: File FROM: Melissa Spiro RE: August Acres - SCTM# 53-4-44. 2 DATE: March 28, 1988 This site was inspected by Victor Lessard and Melissa Spiro on Monday, March 28, 1988 following a 2 inch rainfall that occurred on Saturday, March 26. Both drains by the recharge basin at the south side of the parcel were flooded, as was the intersection to the north of the recharge basin (see map on bottom and pictures) . The recharge basin was flooded to capacity and at the same elevation as the standing water by the drains and the intersection. There was no flooding at the entrance to the subdivision off Kerwin Boulevard, however the recharge basin was discharging across the street into the wetlands. The above problems were brought to Ray Dean' s attention and a field inspection was conducted. IN k C $ i x •. ,� }, l .l F l •n ,it r 1'ti►ha'+ Y 3Xav�'` k l 1 .. � � ti �..-•.� 1' r♦ 1 ', ///�`♦♦ 't •4JJ ♦ ..7i/LY G�T'ajC'3 � ,.: 1. f a As5 ♦sl,�y �y.-�� ,' ".J;.L:"tll;'i: tb..xS.0 YC ♦ � � Su• yta N a - '� 6 ��. SbC�iOt-t b!V[- . .,r -j y Y '�xJLA ♦4. ♦ .. - 4 � '. lFNt:q Ve!.x�37 •�(. , ,Z`"'• '.� Ali - ,� ♦ 4_. . �,, W4•gq tt' 1'.59:•.Fk $h.S.l � w L- XkRwtal ta:wu..Lw� !t .t. _. � .,yam rp e� SIDNEY Be BOWNE S SON Sidney B.Bovine,P.E.,L.S. (!1^_•,,/,_^ P Roland Anders (1922-1959) v �� �" Frank Capobianco Chester C Kelsey, P.E.,L.S. 45 Man Or Road Roger L.Cocchi Alexandre W.Mercil,P.E. Francis J.Lynch Robert A.Stanton, P.E. Smithtown, N.Y. 11 787 Philip Schlot:hauer Robert W. Brown,L.S. Joseph R Slegman Zabdiel A.Blackman,P.E., L.S. (tJ 18) 724'0811 Paul F.Stevens William T.Styne George A.Style, P.E. Richard B.Weber Jerry D.Almont, P.E. George L. Fagan,Jr.,Ph.D.,P.E. Thomas R. Pynchon,L.S. November 5, 1987 Mr. Bennett Orlowski, Jr. , Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: August Acres, Major Subdivision, Posillico, Greenport, Town of Southold, New York (SBB NO. 87110) S. C. T.M. : 1000-53-4-44. 2 Gentlemen: Mr. V. Lessard, Building Inspector of Southold, informed us of serious drainage problems on this subdivision and asked us to investigate. Mr. Ray Dean and Mr. C. S. Heffernan of this office visited the site and our observations are as follows: 1. The pondino of water in the roadway at the intersection of Pleasant Place and August Lane, as well as the ponding in the vicinity of the recharge basin at Pleasant Place and Kerwin Blvo. , is a result of the abnormal heavy rainfall which filled the recharge basin and was not diffused into the aquifer. The water laying in the roadway reflects the same general elevation of the water in the recharge basin. 2. The culvert at the northwest corner of the subdivision, Kerwin Blvd, had water draining through it to a trench on the northeast side of Kerwin. Mr. Lessard felt that the contractor, Posillico Construction Co. , Inc, had installed pipe and utilized this culvert as an overflow from the recharge basin at the intersection of Kerwin and Bayshore Road. Although visual observation within the structure was impossible due to the structures being filled with water, two 12"+ corrugated pipes were found to the north of the recharge basin with a general direction toward the drain basin at the culvert location. We will schedule a more exacting inspection when conditions are more favorable to resolve this question. R - Very truly yours, i D SIDNEY B. BOWNE & SON - CSH:cIg ' CONS TING ENGIN ZA SO PtANNI CORNELIUS FF N xc: R. Jacobs R. -Dean MINEOLA • SMITHTOWN is NEW PORK CITY • CLEARWATER An Equal Opportunity Employer M/FM S!JEY Be BOWNE & SON • Sidney B.Bowne,P.E.,L.S. �j Roland Anders (1922-1959) Roger L Cocchi Chester C Kelsey, P.E.,L.S. Francis J.Lynch Alexandre W.Mercil,P.E. 4S Manor Road pnilip Scniotznauer Robert A.Stanton, P.E. Smithtown, N.Y. 11787 Joseph F.Stegman Robert W. Brown,L.S. r,s Paul F.Stevens Zabdiel A.Blackman,P.E.. L.S. 516 724�Q 611 Wiiiiam T.Slyne Richard B.Weber George A.Style,P.E. Jerry D.Almont,P.E. George L. Fagan,Jr.,Ph.D.,P.E. Frank Capobianco,C.E. Thomas R. Pynchon, L.S. February 5, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: August Acres, Major Subdivision, Posillico, Greenport, Town of Southold, New York (SBB NO. 87110) Gentlemen: We were informed on 2/4/88 by Valerie Scopaz of the Southold Planning Board, that a final inspection of this subdivision has been scheduled for 2/10/88 at the request of Posillico Construction Co. , Inc. On February 4, 1988, Mr. Raymond Dean, and Mr. C.S. Heffernan, both of this office, field checked this project against the list of completions/corrections forwarded to your office on 11/5/87 and we find that the only item that has been addressed on this list is Item 1, Surfacing. The soft areas have been stablized and the excess stone swept and removed. Everything else is as it was at the time of our inspection of 11/5/87. We feel that a final inspection is not warranted at this time since the developer, Posillico Construction Co., Inc. has not made any effort to resolve the items listed for completion/correction on our original submission. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS /CORNELIUS S. HE ERNA U CSH:clg cc: Ray Jacobs, Supt./Hwys. E7 nY Ray Dean $ U� ILA I,. ...il MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H D. iE MEMORANDUM TO: Matt Kiernan, Assistant Town Attorney FROM: Valerie Scopaz, Town Planner RE: Draft Covenants and Restrictions: Wolf Pit Estates, Mattituck August Acres, Southold Enclosed please find copies of the draft C&Rs for the above-referenced subdivisions, along with relevant supporting documentation. Please review the wording of these draft C&Rs and determine whether they meet with the Planning Board' s intent in requiring them. 1 _3 - ?3 SU15r,U , LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-5300 516-298-8353 TELEFAX NO.516-298-2012 DANIEL O.ROSS KAREN J.HAGEN TELEFAX NO. 516-298-8565 HUBERT F.SULLIVAN January 18, 1990 Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: August Acres, Section 1 SCTM #1000-53-4-44.2 Gentlemen: We have been asked by Posillico Construction Company, Inc. to prepare a draft of Covenants and Restrictions regarding a Homeowner' s Association for the above cited subdivision. A draft is enclosed for review by the Planning Board, as requested in the Board's letter dated December 21, 1989. Please advise. Very truly yours, A Karen J. Hl/ag'en KJH:mjb Enc. CC: Henry Raynor Mario Posillico AugAcres 6 „�,.Pki_'�'..... FT f� DECLARATION OF COVENANTS AND RESTRICTIONS BY POSILLICO CONSTRUCTION COMPANY, INC. Declaration made this day of , 1990, by Posillico Construction Company, Inc. , a New York Corporation with place of business at 31 Tennyson Avenue, Westbury, New York, hereinafter referred to as the Declarant. WHEREAS, the Declarant, is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk And State of New York, described herein on Schedule A and known and designated on a certain map entitled, August Acres, Section 1, a subdivision situate at Kerwin Boulevard at Arshamomoque, Town of Southold, County of Suffolk„ and State of New York, and hereinafter referred to as the "premises" . AREAS, the Declarant intends that the premises containing 34Plots and Open Space Areas shall be developed as a planned community of one-family dwellings, and in order to tt provide for beneficial and harmonious development, the Declarant desires to impose certain restrictions and covenants on the premises which shall be binding on all the purchasers and mortgagees of individual plots, their heirs, executors, administrators, and assigns. NOW, THEREFORE, the premises shall be subject to the following covenants and restrictions which shall run with the land: 1. No lot shall be improved or have placed or maintained thereon any habitable structure other than a single- family dwelling. 2 . Accessory Buildings - Ancillary buildings (except garages) , swimming pools, runs, paddocks, kennels, stalls, sheds, etc. shall be placed further away from the street line than the furthest part of the principal dwelling; shall be set back from any side or back lot line not less than fifteen (15) feet; shall not exceed fifteen (15) feet in height above grade; and shall be screened from street view by appropriate planting or fencing as approved by the Declarant. 3 . Swimming Pool - Private swimming pools may be constructed on any lot provided they are situated in the rear yard only. (+f3 4 . Approval of Construction Plans - All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by Declarant, his successors and/or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based upon the judgment of Declarant, its successors or assigns as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. This approval is in addition to any building permits or other approvals required by the Town of Southold or any governmental department, agency or unit from which approvals are required. 5. Building Modification - All permitted- accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. 6. Drainage - All structures on any one lot including roofed, paved or excavated areas which have the effect of deflecting or capturing rain, shall not in the aggregate have a projected horizontal area exceeding twenty (20) percent of the gross area of the lot. All runoff caused by changes to the natural growth and terrain of a lot shall be contained within the boundaries of the lot by appropriate landscaping. For purposes of design a rainfall of three (3) inches in one hour shall be assumed. Downspouts and dry wells shall be installed on all major buildings unless alternate drainage of equal capacity is provided. 7. Use of Premises - Except as set forth herein the premises shall not be used for any commercial activity of any kind or any manufacture, fabrication of goods, breeding of livestock for sale, or display of advertising discernible from outside of the principal dwelling. Home occupations or activities may be practiced in accordance with the Southold Town Zoning Code within the premises provided no more than two persons are engaged in such activity and no more than two automobiles of clients are parked on the lot or in the road at any time. No activity of any kind shall be conducted on the premises, within any lot or in any part of the land described hereinabove, which shall cause obnoxious noise, odors, dust, smoke, lights, radio emissions nor any other externally discernible effect which shall cause an annoyance or nuisance to neighboring properties. 8. Water Supply and Sewage Disposal - No well or - other individual water supply system or any individual sewage \ ,.➢ 2 disposal system shall be permitted on any lot unless approved as to design, location and construction by the Suffolk County Department of Health or such other State, County, Town or Village authority having jurisdiction over public health. No water pumped from the ground of any lot shall be used for any purpose other than household needs within said lot. No water shall be discharged beyond the boundaries of a lot except in case of an emergency. 9. Restriction on Division and Use of Lots - No lot shall be divided and conveyed as two or more separate parcels. Nor shall more than one single family dwelling house be located on any lot. 10. Signs - No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of Declarant, his successors and/or assigns. This consent is in addition to any building permits or other approvals required by the Town of Southold or any governmental department, agency or unit from which approvals are required. � n 11. Animals - Domestic animals may be housed outside the principal dwelling, but shall be limited to two adult dogs. Birds kept outdoors shall be securely fenced and shall not create a nuisance to neighbors. i 12 . Trailers, Tents and Shacks - No trailer, except a boat trailer as hereinafter provided, or tent, shall be located, erected or used permanently on any lot. No trailer, except the boat trailer as hereinafter provided, or tent shall be located, erected or used on any lot for a continuous- period exceeding five (5) days, and shall not be placed on any lot so as to be visible when the lot is viewed from the front boundary of such lot. No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless in a garage or authorized existing building. No motor home/camper shall be placed on any lot unless in a garage or authorized existing building. .13 . Annoying Activities - No noxious or offensive activity shall be carried upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 14 . Trash - Garbage or rubbish shall not be dumped or allowed to remain on any lot. All garbage to be collected must be contained in closed receptacles, placed inconspicuously outside the dwelling for collection. Trash or rubbish shall not be burned upon the premises. 3 15. Clotheslines - Clotheslines and laundry poles must be located in the rear yard and placed so as not to be visible from the street. 16. Road Bed and Drainage Areas - The Declarant reserves the fee title to the bed of the roads shown on the map together with the fee title to any and all drainage, thereon shown, and the Declarant, his successors and/or assigns, shall G have the right to dedicate said roads and drainage to the Town of Southold without the consent of the owner of any lot or of the !.✓ /' holder of any lien thereon or any interest therein. All such owners, lienholders and interest holders shall execute, if y� requested, any and all instruments necessary to effect such dedication purposes. This reservation of fee title shall Al, terminate upon acceptance of dedication by municipal authorities. "- 17. Open Space Area - There has been set aside, as indicated on the subdivision map, an open space area for the use of the owners of lots, their guests, invitees or leasees. The open space area shall be used exclusively for purposes of passive recreation and no buildings, structures or other improvements shall be thereon except for that which is approved by the , Town Board of the Town of Southold. -18 . Each and every lot shall be subject to an annual assessment in an amount that will be fixed by the Declarant, his successors and/or assigns, not, however, exceeding in any year, twenty (20) percent of the aggregate real property tax levied on all the lots (and improvements thereon) divided by 36. Any assessments in excess of the annual real property tax levied upon the road and Open Space Area shall be added to the above described charge. The owner of any lot, himself, his / i heirs, successors and assigns, covenants he- will pay this charge to Declarant, his successors and assigns, on the 1st day of . . I ,",-January in each and every year, and further covenants that said 1° , charge on said date in each year shall become a lien on said land and shall continue to be such lien until full y paid. Such charge shall be payable to the Declarant, his successors and/or assigns, and shall be devoted to the maintenance of the road, and Open Space- as shown on said map and other community purposes beneficial to the real property above described and expenses of the Association referred to herein. A party, by the acceptance i of a deed, hereby expressly vests in the Declarant, his successors and/or assigns, the right and power to bring all -i actions against the fee owner of the premises hereby conveyed or any part thereof for the collection of such charge and can enforce the aforesaid lien therefor. 19. Payment of Contributions by Lot Owners - While the Declarant holds title to the open space area, the road bed and/or drainage areas, Declarant will pay the taxes and expenses 4 referred to in Paragraph 18 above, and will submit bills to the individual lot owners for their respective contributions. Such bills will be paid in full to the Declarant by the then present lot owner within thirty (30) days after said bills have been mailed to the lot owner. In the event that any such bills are not paid by any lot owner, such charge shall become a lien against any such lot. 20. Homeowners Association - At such time as nineteen (19) lots are in separate ownership a Home Owners Association shall be formed and shall be duly incorporated according to the laws of the State of New York. The Declarant, his successors and/or assigns, will assign all of his rights, duties, and obligations hereunder to said Homeowners Association. Each fee owner of a lot shall automatically be a member of such Homeowners Association; however, each lot shall be -entitled -to only one vote. Rules and By-Laws of such Association, not - - inconsistent with these covenants, shall be adopted by affirmative written vote of the owners of no fewer than nineteen (19) lots, and shall thereupon become binding on all the lot fi owners. The Homeowners Association to be formed shall hereinafter be referred to as the "Association" and "lot owner" r, shall refer to the record owner of fee simple title in and to any r+ lot in the subdivision, including the Declarant as to any unsold Y 1,! lot. 21. Declarant shall assume all responsibilities of ✓ the Homeowners Association until such time as Declarant has conveyed nineteen (19) of the lots to the Lot Owners. At such time, or prior thereto Declarant, his successors and/or assigns, shall , at their own cost and expense, incorporate a Homeowners Association and within sixty (60) days thereafter shall convey title to the Open Space to the Homeowners Association. 22 . Upon the creation of the Homeowners Association, and after conveyance of the Open Space Area to the Association, as hereinbefore provided, all responsibility for operation and maintenance of the Open Space Area shall lie with the Association. Every Lot Owner shall be deemed a member of the Association, and shall be subject to the by-laws and rules and regulations thereof. 23 . Within sixty (60) days after the creation of : said Homeowners Association, by-laws shall be adopted for the government thereof, which said by-laws and any amendments thereto " shall be approved by the Town Board of the Town of Southold. The by-laws of the Homeowners Association shall , in addition to other matters, provide for the following: (a) Each Lot Owner in good standing shall be entitled to one (1) vote at any meeting of the Association. 5 Every Lot 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. (b) The association shall be perpetual; it shall purchase insurance, pay taxes,�,_specify an annual homeowner' s / assessment to be paid by each Lot Owner as set forth in paragraph 18 herein. Each and every Lot Owner shall be subject to a proportionate share of the expenses of the Association, as well � - as any and all expenses incurred by the Association for the improvement, maintenance and use of the Open Space area and the operation of the Association which shall be charged to each lot owner in the form of an annual assessment as set forth in paragraph 18. (c) The Association shall have the right to suspend the voting rights of a Lot Owner for his failure to pay when due the assessment and any and all charges due the Association; and that any unpaid amount of the assessment shall become a lien on the property of such Lot Owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to 'commence action against any Lot Owner for the collection of any unpaid assessment in any court of competent jurisdiction. (d) The Association shall have the right', to borrow such sums of money as it deems necessary for the maintenance and improvement of the Open Space, and to secure the same by a lien on the Open Space. 24 . Utility Easement - An easement along the road of said map or any other area necessary is hereby specifically reserved for the installation and maintenance of wire and conduits and of all proper and necessary attachments for the underground service of electric power and telephone service and for the installation and maintenance of any utilities, if any provided, however, that said easements shall be under areas designated by municipal or public utilities authorities. 25. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 26. Enforcement shall be by proceedings at law or in equity brought by Declarant his successors and/or assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. In addition, the Town of Southold may bring a proceeding to enforce these covenants and restrictions. 6 27 . Failure by Declarant his successors and/or, assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so'. thereafter. 28 . All of the foregoing restrictions are inte ded to cover only the plots shown on the map of Ay9 s r bdivision and are not extended to any other property now, or to cr"lg� II be owned by Declarant. 7✓—� POSILLICO CONSTRUCTION COMPANY, INC. By: STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On this day of , 1989, before me personally came to me known, who being by me duly sworn, did depose and says that he resides at No. that he is the of Posillico Construction Company, Inc. , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is Such corporate seal ; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name ' thereto by like order. Notary Public posc&r-75 7 r7 C{ Town Hall. 53095 'Hain Road ,z P.O. Box 1179 Southold. New York 1 1971 t TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 21, 1989 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: August Acres SCTM #1000-53-4-44.2 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, December 18, 1989. The final public hearing which was held open from the November 20 , 1989 regular meeting was closed. Please note that the Planning Board requests the following items: 1. New mylars and paper prints, as those previously submitted are illegible. Five paper prints and two mylars containing current Health Department approval, must be submitted. 2 . A Homeowner' s Association must be filed for the Park and Playground area. A draft of the document must be submitted to the Planning Board for review. Documentation that the Homeowner's Association has been filed must be submitted prior to endorsement of the map by the Chairman. 3 . If the road and drainage areas are not being offered for dedication to the Town, these areas must be included in the Homeowner' s Association. If you have any questions, please do not hesitate to contact this office. /VPry truly y6ur.', G �Binnett 0rlo4sk-Y Jr: Chairman LEGALS NOTICE Estate;on the west by land now Notice of Public Hearing or formerly of Sage Estate. NOTICE IS HEREBY 7:45 p.m. Final approval of GIVEN that pursuant to Section the minor subdivision of Scott 276 of,the Town Law, a public Kaufman, located at the Tbwn '. hearing will be held by the of Southold,County of Suffolk Southold Town Planning Board, and State of New York.Suffolk '.. at the Town Hall, Main Road, County Tax Map Number 1000- ' Southold, New York in said 97-3.20. Town on the 18th day of The property is bordered on ', December, 1989, on the ques- the north by land now or tion of the following: formerly of Greenberger;on the 7:30 p.m. Final approval of east by land now or formerly of the.lot line change of Martha Greenberger; on the south by Husing, located at the Tbwn of Eugene's Road; on the west by Southold, County of Suffolk land now or formerly of and the State of New York.Suf- Stepnoski. folk County Tax Map Number 7:50 p.m. Final approval of 1000-122-7-8.2. 126-2-15.2. the minor subdivision of The property is bordered on Charles Simmons,located at the the North by Main Road;on the Town of Southold, County of east by Sigsbee Road; on the Suffolk and State of New York. south by Peconic Bay Boule- Suffolk County Tax Map Num- vard; on the west by land now ber I000-112-1-8. or formerly of Land of the The property is bordered on Nature Conservancy. the north by Long Island Sound; 7:35 p.m. Final approval of on the east by land now or the major subdivision of Henry formerly of Anderson, by land Appel, located at the Tbwn of now or formerly of Koroleski; Southold, County of Suffolk on the south by Sound Avenue; and State of New York.Suffolk on .the west by land now or County Tax, Map Number formerly of Harbes, by land 1000.114-12-14. now or formerly of Holts. The property is bordered on Any person desiring to be the north by New Suffolk Ave- heard on the above matter nue; on the east by Camp should appear at the time and Mineola Road;on the south by place specified. land now or formerly of Ronald Dated: December 4, 1989 ' A. &Hession Anne Smith, by BY ORDER OF land now or formerly of Robert THE SOUTHOLD TOWN F.&Marie Kalous,on the west PLANNING BOARD by Ole Jule Lane. BENNETT ORLOWSKI JR. 7:40 p.m. Final approval of CHAIRMAN the major subdivision of August IX, 12/7/89 (9) Acres, located at the Town of Southold, County of Suffolk and State of New York.Suffolk County Tax Map Number 1000-53.4-44.1. The property is bordered on '. the north by land now or formerly of J.Posillico,by Ker- win Boulevard, by Bayshore Road,by land now or formerly of Ruthkowski,by land now or formerly of Peconic Bay Estates, by Wells Land; on the east by land now or formerly of Peconic Bay Estates, by land now or formerly of LaPorta, by land now or formerly of Kalbacker, by a Right-of-way of Pekunka; on the south by land now or formerly of Adam Pekunka,by land now or formerly of Sage ', COUNTY OF SUFFOLK ss: STATE OF NEW YORK 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 successively, commencing on the . . . . . . . . . . . .7 ... . . . . . day of . . ., 19 .�5. . Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of .(.�. . . . . , 19 Notary Public BARBARA A. SCHNEIDER NOTARY PU31UC, State of New York No. 4806846 Qualified in Suffolk Cougty /5 Commission Expires ai v LEGAL NOTICE Notice of Public Hearing . . NOTICE IS HEREBY GIVEN STATE OF NEW YORK) that pursuant to Section 276 of the Town Law,a public hearing will be )SSA V held by the Southws �e..�ii Harming COUNTY OF SUFFOLK) Board,at the Town Hall,Main Road. �,- Southold,New Yak in said Town an SOD HP'!_61 the lath day of December, 1989ou Patricia Hearse PtA°li ,4f.Mattituck, in the question of the following: 7:30 p.m. Final approval of the said County, being duly sworn, says that he/she is Principal la line change of Martha Hosing,located a the Town of Southold, Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, County of Suffolk and the State of published at Mattituck, In the Town of Southold, County of New York.Suffolk County Ties Map Number 1000-122-7.8.2 126-2-15.2. Suffolk and State of New York, and that the Notice of which The property L bordered an the the annexed is a printed copy,has been regularly published in NoM by Main Road;an the cut by sigsbee Roast; on the worn by said Newspaper once each week for I _ weeks der of Peemnic BayBoulevard;ou the west on the 7 t h Y successively, commencing _ by land now or fomnedy of Land of the Natum Conservancy. December 1989 7:35 p.m. Final approval of the me*subdivision of Henry Appel, located at the Town of Southold, County of Suffolk and State of New York. Suffolk County Tax Map % Number 1000-114.12-14. The ptopeety is burdened on the Principal Clerk north by New Suffolk Avem e, an the am by Camp Mineola Roa4-an j the tough by lend now or formerly of Ronald A.&Hessian Anne Smith, by land now or fomely ofRabat F. Sworn to befdre me this I do Marie Kalcus;an the west by Ole i, IuLLane. day of 7:40 p.m. Foal approval of the - major subdivision of August Acres, located at the Town of Southold,County of of Suffolk and Sera of New York. Suffolk Comity Tex Map Number IOOD-53-4 44.1. The propesty is bordemd on the nmth by land now or formerly of I. limillim,by Kerwin Boulevard,by Heysham Road, by land now or formerly of Ruthkowski, by land now or formerly of Peconic Bay Estates,by wells Land;on the cast by land now or formedy of Peonme Bay Estates,by Lad now or formerly of LaPorta,by land now or fotmedy of Kalbackm,by a Right-of-way of Pekunka;an the south by land now Ior formerly of Adsm Pekunka,by land now or formedy of Sage Estate; on the wen by land now or formerly of Sage Estate. 7:45 p.m. Final approval of the minor subdivision of Sum Kaufman. . located at the Town of Southold, County of Suffolk and State of New - Yoh. Suffolk County Tax Map Number 1000-97.3-200.. I ..mm7orb0srim of Charles Sim mons, located at the Town of Southold, County of Suffolk and State of New Yoh.Suffolk County Tait Map Number 1000-112-I-8. The property is bode ed ou the north by Long Island Sound;an the ,I ran by land now or formely of An- derson,by land now or formerly by Koroleski; on the south by Sound Avenue;an the wen by land now m formerly of Harbes,by land now or formerly of Hops. Any person dedrvg to be heard on the alime matter should appear a the time and plans specified. Dud Decemember4,1989 BY ORDER OF i THE SOUTHOLD TOWN n�^PLANNING BOARD ��' + yp ik'rotr I 3f kp t e� s' g' D S LA P6 SUUiNOID TOWN Pi ON.14:QJP,� 13 PIANNINGBOARD r R� . �c ►'st` Rcx 6 5 i ^N 1 r cS ` l,- y7, ry r T. 14 VI 4 it 1'Y { tiC—R� T11ti L 1y y C� 1� $' g 1 so. K §F:3 i x xF'z Y ESL n �* s 'y'00 a FAT w F Y tSLQ �R`c2p1 �''�:e313Y1it apt Acts FSFubdivlq onl Poo dr. ;tirrki:, We cons t tc' the ;i a� `�eferer,.r��c� �Ltbdiv; �lc�ti �� it s.tQtal-" *Ike, `fLtrt, o #w"t�118�t` to }'BC� UXi' -IT ttlint 41,led on it 0 spa: TY.Sa sYso rtm awaiver of any 4WAA 'POOOrat right$ that wo wcrt+2� bth��.ria+� ^have ir�� �� pa���� z,r r shorn al _$6eaon Y, i F � M M f? N fg h ! F J k X t' 9 �ay s ry, { Town Hall. 53095 Main Road P.O. Box 1179 'i Southold. New York 11971 +� TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 21, 1989 Henry Raynor 320 Love Lane Mattituck, N.Y. 11952 RE: August Acres SCTM #1000-53-4-44 .2 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989. RESOLVED that the Southold Town Planning Board set Mondayy, December 18, 1989 at 7: 40 p.m. for a public hearing on the final map. If you have any questions, please do not hesitate to contact this office. ry truly yours, :7 Bennett Orlowski, Jr. Chairman it cuFFn 7 Town Hall. 53095 Main Road Q • ' P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 7, 1989 Henry Raynor :320 Love Lane Mattituck, NY 11952 RE: August Acres. SCTM #1000-54-4-44. 2 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, June 5, 1989. WHEREAS, a determination of a Positive Declaration under the State Environmental Quality Review Act (SEQRA) was made by the Planning Board on August 15, 1988 for the application of August Acres; and WHEREAS, the application received preliminary approval prior to the time at which SEQRA was in effect; and WHEREAS, the Town Attorney has advised the Planning Board that the final application of August Acres is not subject to the State Environmental Quality Review Act; Be it therefore, RESOLVED that the Southold Town Planning Board rescind the Positive Declaration of August 15, 1989. Ver Z,Y, truly yours ' BENNETT ORLOWSKI,JR. CHAIRMAN I **CONTINUED** 1 i cc: Suffolk County Department of Health Services Suffolk County Department of Environmental Conservation,ISB Suffolk County Department of Planning Judith Terry, Town Clerk Building Department Trustees Zonning Board of Appeals j Planning Board jt r i �--� SOUTNOLDTOWN pUNMNG BOARD,_,_ P. O. Drawer A Jamesport, NY 11947 July 31, 1989 Southold Town Planning Board Main Road Southold, NY 11971 RE: August Acres 1000-53-4-44. 2 Dear Sirs : As per your request, please find enclosed Posillico Construction Company' s check no. 54788 in the amount of $800 for the additional environmental review fees. Sincerely, Henry E. Raynor, Jr. HER:ml Enc . TOWN CLERK ... �. �,....... .,....�.�.�,�� TOWN OF SOUTHOLD Suffolk County, New York 516 - 765.1801 No 32036 • �D mold, N. Y. 11 71 3 ly 7 LPED OF For �401� ..an •0 a or ii Judith 1'. Terry, Tower Clerk I R s'xP062 +f � 2 W :x I July 2?, Igo$ r jUL Ncri it"nor, dr,i: P.o�9Vsaer A t Janiesport, Now York 22�941 dear -Mr Raynor: r Iv . As ;,er our t6lephone C nversation today, I am enclosing a copy of the titme report form Chic go Title Sns:-rance CamPany stating that title in the 44 5 Acre parce known as 'August Acres, is vested in 4osillico cc'ftstruction Company I c, Posillico Construction does not hove vested ride ' in the 8 acre Marcel, shown as section Ir on thei original "- subdivision :trap. Title ; :ti this 8 acre parcel is vested in separate business entity. 2 hcfpe the intor.miatio 4 that I haVe provided is suffixtent If you need any additional in ormation, phase .contact ma, thank you again for ycqr time and consideration, Sincerely, M1 Mario Posi.tlie� Treasurer �x 9P f Encl . ; � y A W HM IN IN F Zv �tL ,SI:rVtt�'i � TI'f11 �c3W B'/D86b6181 CF�TC.ACO £I£LR INBiJ l ciall ., C+drtatos; to the OwIZVW "Sucffcrktc= that it has sesrc"w3 :he record in tfie Suffolk County Clerk's Office for eea;y pirtics who may grant and L enors who must consent to the filing of 1 a CJYentTitS and Restrictions as t� the following described premises; West silo of Kerwin Boulevard, Ln of Southold, County of Suffolk and ;,. State of Now York � t 1 t Y >, TITLB Vl 1N: POSILLICO CanjSTRUCTION WI ' IN INC. by deed dated $/2/76, recorded 9/9 36 in, Libor 8101 cp 199 made by James Posiil co. , StJBJ- TO mortgages found of accord`: NONE The liability of Chicago Title Insurance Company in no event shall exceed the so�i o c i�tousAh aaLtas. KS1,040.04Z t CHI TT1 E INSURAN Miill Y i BY. r e tesai , Auth6rited Signature e�.at, ae�ta� f ^� y 1 + ;hTM F, r 1 L w w � F I I Jk 4 Yn� l .. P. O. Drawer A Jamesport, NY 11947 July 13, 1989 JUL 7 1989 Southold Town Planning Board Main Road Southold, NY 11971 RE: August Acres, Section II at Southold ( 1000-53-4-44. 2) Dewar Sirs : The above referenced has laid dormant in your department for three weeks since our response to your letter of June 19, 1989 with regard to additional environmental review fees. Please advise as to the next date available for action on this proposed subdivision. Sincerely, Be"ry .. apes r6 HER:ml CC: Posillico I I P. 0. Drawer A Jamesport, NY 11947--, June 26, 1989 JUL - 3 la Bennett Orlowski, Jr. , Chairman SOUTHOLD TOWN Southold Town Planning Board PLANNING BOARD Main Road Southold, NY 11971 RE: August Acres, Sectica 1 1000-53-4-44. 2 Dear Mr. Orlowski : : I Pursuant to your receipt of a waiver from the Southold Town Board of Trustees, which I have been verbally informed is to be transmitted to your office, I would appreciate an immediate final hearing on the above captioned subdivision. Very truly yours, nr �Rayn Jr�� HR:ml cc:: Posillico Roderick Van Tuyl, P. C. I I P. 0. Drawer A Jamesport, NY 11947 July 13, 1989 Southold Town Planning Board Main Road Southold, NY 11971 RE: August Acres, Section II at Southold ( 1000-53-4-44. 2) Dear Sirs: The above referenced has laid dormant in your department for three weeks since our response to your letter of June 19, 1989 with regard to additional environmental review fees. Please advise as to the next date available for action on this proposed subdivision. Sincerely, H"ryE. a�y Cr, ; HER:ml CC: Posillico �,�FFpIX�D FRANK A. KUJAWSKI, JR., President o <�. TELEPHDNE < Z ALBERT J. KRUPSKI, JR., Vice-President J'' ,.� r � (516) 766 1892 JOHN M. BREDEMEYER, III '�` ' JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 July 17, 1989 Henry Raynor 320 'Love Lane Matt:ituck, N.Y. 11952 Re: August Acres Dear Mr. Raynor: The following action was taken by the Board of Town Trustees during their regular meeting held on June 22, 1989 as follows: WHEREAS the Town Trustees have conducted an on site inspection of the subject property, RESOLVED that the Town Trustees approve the request made by Henry Raynor for a waiver on above mentioned property. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Very truly yours, �6z� 4, 5VI , Frank A. Kujawski, Jr. President Board of Town Trustees FAK: jas cc: Bldg. Dept. Board of Appeals file { � re JAMES A.SC'HONDEBARE uU-3I �[r+ Town Hall, 53095 Min Road TOWN ATTORNEY V� (�1,.`„ P.O. BOX 117 ROBERT H.BERNTSSON O�OI .'tiil I Southold,EL New Yorl E 11971 TEPHASSISTANT TOWN ATTORNEY (516)765.1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD January 27, 1989 Stern E Altamari 128 Front Street Mineola, New York 11501 RE: August Acres SCTM #1000-53-4-44.2 Dear Mr. rn: This will confirm our recent conversation wherein I stated that in my opinion, after reviewing the Planning Board file, that your clients project is exempt from the requirements of SEQRA as it pertains to the Planning Board. The basis of-my opinion is that the project predates the Act. However, the parcel in question appears to contain wetlands. I enclosed a copy of the Town's Wetland Ordinance for your information. I suggest you contact the Town Trustees for their comments. Very truly urs, ;JameIttorney Schondebare w JS/jt (Standard Form approved by t1r,waw Yo.ut Boasa oe Trttz UNDX&w1ut'r39,JUNE CSICA00 TIrrXAZ XlVS TN ANCE COMPANY i CERTIFICATE OF MAP REGISTRATION 8908-02706] CHICAGO TITLE INSURANC E COMPANY,hereby certifies to the County of Suf folk` that it has searched the title to the premises hereto annexed which constitute all of the land covered by Town of Southold "Proposed Map of August Acres Section V"- .-and,about to be filed in the Office of the Clerk of the County of Suffolk — _..._ from a date 20 yews prior to the date hereoj;'�,�ds the title thereto is vested in and can be conveyed :— POSILLICO CONSTRUCTION COMPANY INC. subject to such mortgages,liens, taxes and assessments as appear in the annexed schedules, all of which are part of d as certificate. This certificate is made and accepted with the understanding that the Company's liability hereunder is limited to s interests in fee or easement as may be acquired by the County or its Subdivisions for street purposes and for any UUP Lid taxes and assessments during the period covered above and in no event is the liability to exceed the sum of One u- sand ($1,00(1.00) Dollars. Date: E,/21/89 CHICAGO ITLE IN NCE COMPA Y By Authorize Si re LINDA KAC2MARCZYK ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN ARSHAMOMAQUE, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK KNOWN AND DESIGNATED AS "PROPOSED MAP OF AUGUST ACRES SECTI N 1" AND TO BE FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFO K, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE WEST SIDE OF KERWIN BOULEVARD, WHICH IS SOUTH OF THE INTERSECTION OF THE SOUTHERLY LINE OF LANDS OF THE LONG ISLAND RAILROAD COMPANY, WITH THE WESTERLY LINE OF KERWIN BOULEVARD qHE FOLLOWING COURSE AND DISTANCE: SOUTH 34 DEGREES, 59 MINUTES, 00 SECONDS EAST 872 .22 ; RUNNING THENCE ALONG KERWIN BOULEVARD THE FOLLOWING THREE COURSES AN DISTANCES: 1 ) SOUTH 34 DEGREES, 59 MINUTES, 00 SECONDS EAST 42 . 80 FEET; 2) SOUTH 68 DEGREES, 22 MINUTES, 50 SECONDS EAST 196 . 51 FEET; 3 ) NORTH 79 DEGREES, 54 MINUTES, 00 SECONDS EAST 209 . 32 FEET TO THE NORTHWESTERLY CORNER OF LAND OF RUTKOWSKI ; THENCE ALONG SAID LAND OF RUTKOWSKI SOUTH 10 DEGREES, 06 MINUTES, 0 SECONDS EAST 125 . 00 FEET; THENCE ALONG SAID LAND OF RUTKOWSKI AND ALONG THE SOUTHERLY AND SOUTHWESTERLY SIDE OF THE MAP ABOVE MENTIONED, THE FOLLOWING THREE COURSES AND DISTANCES: 1 ) NORTH 79 DEGREES, 54 MINUTES, 00 SECONDS EAST 687 . 17 FEET; 2 ) SOUTH 44 DEGREES, 12 MINUTES, 40 SECONDS EAST 908 . 48 FEET; 3 ) SOUTH 61 DEGREES, 11 MINUTES, 30 SECONDS EAST 159 . 50 FEET TO THE NORTHWESTERLY CORNER OF LAND OF W. KALBACKER; AND LA PORTA; THENCE ALONG THE LAND OF W. KALBACKER AND LA PORTA THE FOLLOWING THR E COURSES AND DISTANCES: 1 ) SOUTH 46 DEGREES, 48 MINUTES, 40 SECONDS EAST 150 . 16 FEET; 2) SOUTH 44 DEGREES, 19 MINUTES, 30 SECONDS EAST 139 . 74 FEET; 3 ) NORTH 60 DEGREES, 00 MINUTES, 00 SECONDS EAST 91 . 0 .FEET; THENCE SOUTH 27 DEGREES, 08 MINUTES, 00 SECONDS FAST 50 . 06 FEET TO LAND OF ADAM PEKUNKA; THENCE ALONG LAND OF ADAM PEKUNKA THE FOLLOWING TWO COURSES AND DISTANCES : 1 ) SOUTH 60 DEGREES, 00 MINUTES, 00 SECONDS WEST 879 . 13 FEET; 2 ) SOUTH 47 DEGREES, 43 MINUTES, 30 SECONDS WEST 374 . 36 FEET TO LAN OF CHARLES S. SAGE ESTATE, NORTH 43 DEGREES, 09 MINUTES, 40 SECONDS WEST 2026 . 41 FEET; THENCE ACROSS OTHER LANDS THE FIRST PART, NORTH 46 GREES, 50 MINUTES, SECONDS EAST 316 . 45 FE SIDE OF KERWIN BOULEVARD, AT THE POINT OR PLACE OF BEGINNING. EXCEPTING THEREFROM LOTS 556 AND 557 AS SHOWN ON MAP NO. 1124 FILED MAY 19 , 1933 "AMENDED MAP OF PECONIC BAY ESTATES" . ( END ) ---- C'HAIN OF TITLE: Kerwin and Kerwin Inc . Deed: to Dated: 6/11/46 Connie Sledzieski Rec 'd: 10/4/46 Liber 2631 cp 39 Connie Sledzieski a/k/a Kazimierz Sledzieski died 1/30/48 Suffolk leaves to wife Utsula Sledzieski died 10/5/62 Suffolk County Helen Barszcewski and Deed: Stephanie Rutkowski as Dated: 4/4/67 executrices of the Last Rec 'd: 4/5/67 Will and Testament of Liber 6134 cp 479 Ursula Sledzieski, deceased to Fred Goldman and Stanley Goldman Fred Goldman and Deed: Stanley Goldman Dated: 2/8/72 to Rec 'd: 2/16/72 James Posillico Liber 7107 cp 57 James Posillico Deed: to Dated: 8/2/76 Posillico Construction Rec 'd: 9/9/76 Company, Inc. Liber 8101 cp 399 Subject to: Right of Way in Liber. 8101 cp 399 Agreement in Liber 6134 cp 505 Declaration of Covenants and Restrictions in Liber 10524 cp 533 Complete searches have been made in the Office of the Clerk of the County of Suffolk against the persons hereinafter named conveyances , mortgages unsatisfied , of record , assignments of unsatisfied mortgages returned herein and •u.ther instruments of record, lis pendens , sheriff ' s certificates , insolvent and general assignments, notices of foreclosures by advertisement , appointment of receivers and trustees , exemptions under homestead act , collec - tors bondss building loan contracts and mortgages to U.S . Commissioners . Also for mechanic ' s liens filed within one year last past. Also for U .S. Court Judgments , state court ,judgments and petitions in bankruptcy. FROM TO Connie Sledzieski 6/11/46 1/30/48 Ursula Sledzieski 1/30/48 10/5/62 Helen Barszcewski 10/5/62 4/5/67 Stephanie Rutkowski 10/5/62 4/5/67 Fared Goldman 4/4/67 2/16/72 Stanley Goldman 4/4/67 2/16/72 James Posillico 2/8/72 9/19/76 Posillico Construction Company Inc . 8/2/76 Date i i Dated : BY : t-tom AUTHORIZED SIGNATURE LINDA KACZMARtZYK T',SURANCE COMPANY hereby certifies that we have cause ;�, Gcar.hco be made of the records of the County Treasurer ' s Office and Lind no unpaid taxes or unredeemed tax sales covering years 1950 to 988/89 Sncuaive against property described for assessinen[ purposes for such years ac iolaows : -mow. 1988/89 Town and School Taxes PAID IN FULL. ALL PRIOR TAXES PAID . WATER CHARGES , IF ANY , NOT INCLUDED . SEWER CHARGES , IF ANY , NOT INCLUDED . i DATED: 6/21/89 CHICAGO TITLE INSURANCE C MPANY BY : � AUTIlO L lY 51 1*4% URE LIND RCZYK - -PF ,n}S V i • ®moo Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 1 1971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 8, 1989 Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 RE: Proposed major subdivision of August Acres SCTM #1000-53-4-44.2 Dear Mr. Raynor: On October 20th the enclosed letter was delivered to our office. The two items mentioned in the letter, survey and owner ' s consent, were not enclosed with the letter. Pursuant to our conversation on Wednesday, November 1st, the perimeter survey of Section II was delivered to this office later that day. We still have not received the owner's consent to the review of Section II . The Planning Board can set a final hearing for December, provided the consent papers are submitted prior to the November 20, 1989 meeting. Sincerely, "44� F Valerie Scopaz Town Planner cc: James Posillico - I I i U P. O. Drawer A Jamesport, NY 11947 October 15, 1989 Valerie Scopaz, Town Planner Southold Town Planning Board Main Road Southold, NY 11971 RE: August Acres major subdivision Dear Ms. Scopaz : We are in receipt of your letter dated October 10, 1989. please be advised as follows: 1 ) We are including the perimeter survey with the amended maps of this subdivision. 2) We are forwarding to you a copy of the record of owner ' s consent with regard to submitting maps for review. Please note at the time of original submission the property was held in single and separate ownership. As there has been much confustion and great delay with regard to this subdivision, the applicant has informed me that any further processing requirements will be met with litigation. Hopiag this information resolves the questions of the Board and we can expedite this matter of long running, I remain, Sincerely, L"y kaay or,I "Jr. HER:ml CC: James Posillico James A. Schondebare, Esq. - Town Attorney c Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 1 1971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 10 , 1989 Henry E. Raynor, Jr. P.O. Drawer A. Jamesport, New York 11947 Re: Proposed Subdivision of August Acres SCTM # 1000-053-4-44. 2 Dear Mr. Raynor, The Planning Board has made a careful review with the Town Attorney' s office of the chain of title. The reason for obtaining a chain of title was to obtain proof that Section 1 was single and separate from the part noted as Section 2. The Board finds that the chain of title refers only to Section 1. However, Mr. Posillico, 'Treasurer for Posillico Construction, stated in a letter, dated August 23 , 1989, that in 1972 the company had purchased and owned the land that was later split into Sections 1 and 2. This letter makes it clear that Section 1 was not single and separate from Section 2. It also raises a legal question as to the validity of the prior subdivision approvals that were granted by the Planning Board. Therefore, the Board repeats its request of June 5, 1989 that the entire property, Sections 1 and 2, be shown on the subdivision map. Obviously, since Section 2 is under separate ownership at this time, the owner' s consent to the map must be submitted in writing for the record, and the map must include that owner 's name. 3EbY)R1: 'I'1IE YLA VNING BOARD OF THE TOWN OF SO['THOI.D SUFFOLK COUNTY, NEA YORK --\ Iu the Matter of the Application for Approval of a Subdivision Map for Affidavit AUGUST ACRES --------- --- - -- ------------- ------ -- ------------- --- ------ -X STATE OF NEW YORK : COUNTY OF SUFFOLK)ss. : GEORGE WETMORE, JR. , being duly sworn, deposes and says: I have represented the non-resident owner of the property involved in the above-entitled matter in connection with certain problems arising out of this subdivision malt' and make this affidavit because of a question which has arisen as to the pond shown on Lot 1 . The pond shown is not a natural body of water. It is man-made, having been dug by or for one Albert Sledjeski, now deceased, in the early 1950's for use as an irrigation pond for the nearby acreage which he had under cultivation. The existence of the depression shown as a pond in Lot #1 was necessarily shown because of the existing topography. If the map is approved and an application for the erection of a dwelling thereon should i„, made, it is proposed that the depression would be filled in. This affidavit is made both to the Southold Town Planning Board a.id the Suffolk County Department of Health and there is.no objection to an endorsement on the map of a condition fur the filling in of Lot I - -1 - x P. 0. Drawer A SEP 1 8 Jamesport, NY 11947 September 11, 1989 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, NY 11971 RE: August Acres, Section I 1000- Dear Mr. Orlowski : Enclosed herewith is the requested chain of title. I believe this completes that request of the Planning Board and would appreciate a final hearing as this has been an extremely lengthy time in processing . Sincerely, , Henry E�'. Ra or, Jr. HER:ml Enc. CC : Posillico 1101•IM•7.69 (Standard Form approved by th*ew You Boeas or Tma Umoaawarrras,Juxs 1; 0) f I CHICAdO TITLB IN8XT*K"C3W COMPANY CERTIFICATE OF MAP REGISTRATION 8 9 0 84 3 09p 18 1989 � l CHICAGO TITLE INSURANCE COMPANY, hereby certifies to the County of Suf if01'1C -' that it has searched the title to the premises hereto annexed which constitute all of the land covered by Town of Southold "Proposed Map of August Acres Section 1" and about to be filed in the Office of the Clerk of the County of Suffolk from a date 20 years prior to the date hereof, and finds the title thereto is vested in and can be conveyed by: POSILLICO CONSTRUCTION COMPANY INC. subject to such mortgages,liens, taxes and assessments as appear in the annexed schedules, all of which are part of this certificate. This certificate is made and accepted with the understanding that the Company's liability hereunder is limited to such interests in fee or easement as may be acquired by the County or its Subdivisions for street purposes and for any unpaid taxes and assessments during the period covered above and in no event is the liability to exceed the sum of One Thou- sand ($1,000.00) Dollars. Date: 6/21/89 CHICAGO ITLE IN NCE COMPANY By Authorized Si re LINDA KACZMARCZYK PLE NO. 8908-02706 L L DESCRIPTION PAGE: 1 ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN ARSHAMOMAQUE, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK KNOWN AND DESIGNATED AS "PROPOSED MAP OF AUGUST ACRES SECTION 1" AND TO BE FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE WEST SIDE OF KERWIN BOULEVARD, WHICH IS SOUTH OF THE INTERSECTION OF THE SOUTHERLY LINE OF LANDS OF THE LONG ISLANI) RAILROAD COMPANY, WITH THE WESTERLY LINE OF KERWIN BOULEVARD THE FOLLOWING COURSE AND DISTANCE: SOUTH 34 DEGREES, 59 MINUTES, 00 SECONDS EAST 872 . 22; RUNNING THENCE ALONG KERWIN BOULEVARD THE FOLLOWING THREE COURSES AND DISTANCES: 1 ) SOUTH 34 DEGREES, 59 MINUTES, 00 SECONDS EAST 42.80 FEET; 2 ) SOUTH 68 DEGREES, 22 MINUTES, 50 SECONDS EAST 196 . 51 FEET; 3) NORTH 79 DEGREES, 54 MINUTES, 00 SECONDS EAST 209 . 32 FEET TO THE NORTHWESTERLY CORNER OF LAND OF RUTKOWSKI ; THENCE: ALONG SAID LAND OF RUTKOWSKI SOUTH 10 DEGREES, 06 MINUTES, 00 SECONDS EAST 125 . 00 FEET; THENCE; ALONG SAID LAND OF RUTKOWSKI AND ALONG THE SOUTHERLY AND SOUTHWESTERLY SIDE OF THE MAP ABOVE MENTIONED, THE FOLLOWING THREE COURSES AND DISTANCES: 1) NORTH 79 DEGREES, 54 MINUTES, 00 SECONDS EAST 687 . 17 FEET; 2) SOUTH 44 DEGREES, 12 MINUTES, 40 SECONDS EAST 908. 48 FEET; 3) SOUTH 61 DEGREES, 11 MINUTES, 30 SECONDS EAST 159 . 50 FEET TO THE NORTHWESTERLY CORNER OF LAND OF W. KALBACKER; AND LA PORTA; THENCE'. ALONG THE LAND OF W. KALBACKER AND LA PORTA THE FOLLOWING THREE COURSE'S AND DISTANCES: 1 ) SOUTH 46 DEGREES, 48 MINUTES, 40 SECONDS EAST 150 . 16 FEET; 2) SOUTH 44 DEGREES, 19 MINUTES, 30 SECONDS EAST 139 . 74 FEET; 3) NORTH 60 DEGREES, 00 MINUTES, 00 SECONDS EAST 91 . 0 FEET; THENCE SOUTH 27 DEGREES, 08 MINUTES, 00 SECONDS EAST 50 . 06 FEET TO LAND OF ADAM PEKUNKA; THENCE ALONG LAND OF ADAM PEKUNKA THE FOLLOWING TWO COURSES AND TITLE NO. 8908-02706 IwL DESCRIPTION PAGE: 2 - DISTANCES: 1 ) SOUTH 60 DEGREES, 00 MINUTES, 00 SECONDS WEST 879 .13 FEET; 2) SOUTH 47 DEGREES, 43 MINUTES, 30 SECONDS WEST 374 . 36 FEET TO LAND OF CHARLES S. SAGE ESTATE, NORTH 43 DEGREES, 09 MINUTES, 40 SECONDS WEST :2026 . 41 FEET; THENCE ACROSS OTHER LANDS OF THE PARTY OF THE FIRST PART, NORTH 46 DEGREES, 50 MINUTES, 20 SECONDS EAST 316 . 45 FEET TO THE WEST SIDE OF KERWIN BOULEVARD, AT THE POINT OR PLACE OF BEGINNING. EXCEPTING THEREFROM LOTS 556 AND 557 AS SHOWN ON MAP NO. 1124 FILED MAY 19 , 1933 "AMENDED MAP OF PECONIC BAY ESTATES" . ( END ) CHAIN OF TITLE: Kerwin and Kerwin Inc . Deed: to Dated: 6/11/46 Connie Sledzieski Rec'd: 10/4/46 Liber 2631 cp 39 Connie Sledzieski a/k/a Kazimierz Sledzieski died 1/30/48 Suffolk leaves to wife litsula Sledzieski died 10/5/62 Suffolk County Helen Barszcewski and Deed: Stephanie Rutkowski as Dated: 4/4/67 executrices of the Last Rec 'd: 4/5/67 Will and Testament of Liber 6134 cp 479 Ursula Sledzieski, deceased to Fred Goldman and Stanley Goldman ]Fred Goldman and Deed: Stanley Goldman Dated: 2/8/72 to Rec'd: 2/16/72 ,James Posillico Liber 7107 cp 579 .James Posillico Deed: to Dated: 8/2/76 Posillico Construction Rec 'd: 9/9/76 Company, Inc . Liber 8101 cp 399 Subject to: Right of Way in Liber 8101 cp 399 Agreement in Liber 6134 cp 505 Declaration of Covenants and Restrictions in Liber 10524 cp 533 Complete searches have been made in the Office of the Clerk of the County of Suffolk against the persons hereinafter named conveyances , mortgages unsatisfied . of record , assignments of unsatisfied mortgages returned herein and .u.ther instruments of record, lis pendens , sheriff' s certificates , insolvent and general assignments, notices of foreclosures by advertisement , appointment of receivers and trustees , exemptions under homestead act , collec- tors bonds , building loan contracts and mortgages to U .S , Commissioners . Also for mechanic' s liens filed within one year last past. Also for U .S. Court Judgments, state court judgments and petitions in bankruptcy. FROM TO Connie Sledzieski 6/11/46 1/30/48 Ursula Sledzieski 1/30/48 10/5/62 Helen Barszcewski 10/5/62 4/5/67 Stephanie Rutkowski 10/5/62 4/5/67 Fred Goldman 4/4/67 2/16/72 Stanley Goldman 4/4/67 2/16/72 ,:fames Posillico 2/8/72 9/19/76 Posillico Construction Company Inc. 8/2/76 Date Dated: 6/21/89 ' CHICAGO TITLE INSURANCE COMPANY BY: AUTHORIZED TURE LINDA KAC ZYK CHICAGO TITLE INSURANCE COMPANY hereby certifies that we have cause a Tax Searchto be made of the records of the County Treasurer ' s Office and find no unpaid taxes or unredeemed tax sales covering years 1950 to 1988/89 incusive against property described for assessment purposes for such years as follows : ` 1988/89 Town and School Taxes PAID IN FULL. ALL PRIOR TAXES PAID . WATER CHARGES , IF ANY , NOT INCLUDED . SEWER CHARGES , IF ANY , NOT INCLUDED . DATED: 6/21/89 CHICAGO TITLE INSURANCE COMPANY BY: AUTHO I SIGI7ATURE LIND RCZYK fJ�r Town Hall. 53095 Main Road O P.O. Box 1 179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 30, 1989 Henry Raynor P.O. Drawer A Jamesport, New York 11947 RE: Proposed Subdivision of August Acres SCTM# 1000-53-4-44 . 2 Dear Mr. Raynor, The Planning Board has reviewed your letter dated August 28, 1989 in regard to the history of the above mentioned parcel. It is apparent that the division of the eight acre parcel from the larger parcel occurred without proper Planning Board approvals. The Planning Board will proceed with review of the subdivision upon inclusion of the eight acre parcel in the proposal. Upon receipt of maps revised accordingly, the Board will proceed with their review. Please contact this office if you have any further questions. eG 1V s lirt'4 BENNETT ORLOWSKI , JR. CHAIRMAN cc: .Jay Schondebare, Town Attorney Iris '�' a f i -.q. ✓'c a _ *, M y., A. 31 Tennyson Avem Westbury New.York 1 iso A, August 23, 1989 � IWs 28 D Henry E . Raynor, Jr . P.O. Drawer A sour MOLD TOPV Jameaport, New Y_'I ±k 11947 i gpq Dear Mr. Raynor: As you requested, the fn1'_owing s a more detailed hl - ^y cF our i .' ?wn rshI .. t:,e, ,. -a grope v located otf of Kerwin 51vo . , <=?c. as Acr,,aa s .coon I and section II � i On F-brijary 9, 1972, t amc-4 PGul.L.liCQ, as 'PreaiCer.t aTldl )qua.:.. ` r�f�rtoi e c_ Fcs?21' tr 1 a COns._ action Ca Inc . , purchase.P a3 nominee -= ?vs o pn true ican Co. inc. , 50 , 3277 acres an f _he TcwTl o.. Southold or7 r ed and =tarley Goldman . The preuer'r was Purc _d ty d7lZL} ; ;tr 'CtiCri Co Inc . In thi3 ma ;rter with arms Posillica the :-Ir oration, t-- 'con."eal its ldenz ty from the Someone selling real_ estate ,.as a tendency to inrI5-e the Pr_-e of th6 PrC Q:ry when --hev dliscover t:^.G:y ,.art ''ea_ iag with a �..:por.5tion. In it' s subsequent plans to develop the property, �'a3- l",1 Canstructyon rea'i^ee that it was not financially tea_ljhlla at the . time fp,r ; ,�NOM- tip deve cp the entire parcel . Posill.ico on-;rr._lction .. >a p fcrc 3 t well a Po*tton of the parcel in order to raise Capital S ze cE t!' E PrJ eCL to one that was marlajeaAIe for the To that end, the eight acre parcel shown as section IT on the Vie. subd�Gis_'.an naP, was Sp1iC off from the main. section and title was tra^ 'ferret --C a separately cwred and operated '' bus ress entit Y. Thi"_� c•�s` .,ffi=sally completed August 2, 1976 . w.. TE you reed :Iry additional information, please fell Free t:- contact ou r,:arik_ VOL' ag«,rl fc;x' Your time and consideration. Sincerely, Mario Posillico ' Treasurer MP1gP if - y7p , IV �7AM 2, PUINNINL BOARD z � � �/ �/�ti:-tJ'*'*+r:�... _+" ie'i'.'Y.,Gy1� _.+1� �"�..✓�:���...��� ///._ .9" �i �.-,��/f_��'�.^�'$nL� ) � fY�17 � Lh•'v w' � � ll � �V��// II p 1 07 Q�o5�FF0(k���y c Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)7654938 PLANNING BOARD OFFICE TOWN OFARVTAgLJ% , 1988 Henry Raynor 320 Love Lane _ Matti.tuck, NY 11952 RE: August Acres SCTM #1000-53-4-44. 2 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board. on Monday, August 15, 1988. RESOLVED that the Southold Town Planning Board make a determination that the project may have a significant impact on the environment. Enclosed please find the positive declaration If you have any questions, please do not hesitate to contact this office. V Truly yours BENNETT ORLOWSKI ,JR. CHAIRMAN enc: jt �og�FFO(kc��� Town Hall, 53095 Main Road cr+ g P.O. Box 1179 Southold, :New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Planning Board FROM: Valerie Scopaz, Town Planner RE: August Acres, Section I Date: August 15, 1988 The State Department of Environmental Conservation has requested additional information pertaining to the Soils on-site, which has not been received. That department also agreed with the Board's initial determination of non-significance. The recommendation of David Emilita of Szepatowsk' Associates Inc. is that the proposed action will have mpact on the environment. consequently he recommends issuance of a positive declaration on the grounds that: 1) mitigation of environmental impacts on the pond must be addressed, , 2) the site is inadequately drained at present and 3 ) the second phase of the project must be discussed at this time in order to avoid segmentation under SEQRA. Further, Mr. Emilita recommends that aft archeological survey also be conducted. SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS & PLANNERStv SAI August 12 , 1988 Melissa Spiro Plan.ner Town. of Southold _ Planning Board Town. Hall 53095 Main Road Southold, NY 11971 Re: August Acres - Section I Dear Melissa: Enclosed is the completed LEAF, Parts II and III for the above mentioned subdivision, as well as the recommended Positive Declaration. If you have any questions, please don' t hesitate to contact our office. Sincerely, SZEPATOWSKI ASSOCIATES, INC. David J.S. Emilita, AICP Principal Planner dms enc, 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 u.12.6121871-9c - - SEQR 617.21 Appendix E State Environmental Duality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance Project Number Date This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The _,+nn4-hnlA TnWx1 Planni cn a as lead agency, has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Name of Action: August Acres, Section I SEQR Status: Type I L� Unlisted ❑ Description of Action: A major realty subdivision of 36 lots on 43 . 062 acres. I , Location: (Include street address and the name o' the municipality county. A location map of appropriate scale is also recommended.! Located at Kerwin Blvd. and Bayshore Rd. , Greenport, Town of Southold, County of Suffolk. See attached location map. SCTM #1000-53-4-44. 2 SEOR Positive Declaration Page 2 Reasons Supporting This Determination: I See attached Part II and Part III . i For Further Information: Contact Person: Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Address: Town Hall Southold, NY 11971 Telephone Number: 516/765-1938 A Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001 Appropriate Regional Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the political subdivision in which the action will be principally located. Applicant (if any) i Other involved agencies (if any) Board of Trustees Conservation Advisory Council Suffolk County Department of Ecology I I i I .:w,I,...r..n s...:.�•.�*b•:..�ri..w.I�"'• S'E:fit.J: F it .,•^;6 n^I 'lv:th 4w A..ldhC.G'[ �� +- s .. At%v.v� M:ILL.nF'. .r- Q+ , Y s \y- �l •l /I 'fit ••� .. ..n\ "_ � V'. 1i,16-2 (2'87)-7c A17.21 SEOR Appendix A � State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly. there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of-significance The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly,comprehensive in nature.yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data andtinformation about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impart in Part 2 is identifier♦ ac �etenti !ly large, then Part 3 is used to evaluate whether or not the impact is actually important DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 7Q Part 1 Cg Part 2 art 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that E. A The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B Although the project could have a significant effect on the environment. there will not be a signiticant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required. therefore a CONDITIONED negative declaration will be prepared.' 3t C The project may result in one or more large and important impacts that may have a significant impact on th, environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions I Major subdivision for Au ust Ac I tit A[I,Ur: Southold_ Town_ Planninn Board — I chairman--- - -- Bennett Orlowski,- Jr . -- --- ---- ------ --- — Mervtit trot.: r,ynn,it le omcerl SLgnalury of K, •; :m,L:r t)::�;, r in Ira[! ai,•r., � �,cna;,ni• 01 Preparw I 1 Part 2—PROAT IMPACTS AND THEIR MAGOUDE ' Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider Idbg term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals orexceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e If a potentially large impact checked in column 2 can be mrticated b% change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must Le explained in Part 3. 1 2 3 , Small to Potential Can Impact Be Moderate Large Nlitigatea By MIPACT ON LAND Impact Impact Project Change 1 Will the propou'd i(non ro_,ult in a physical change to the project site? C\0 `XN15 Examples that tsould apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 u ❑ El yes ::No foot of length), or %%here the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than r' ❑ ❑Yes \o, 3 feet • Construction or ; 1�t-d p rl,ing area for 1.000 or more rt les • CUn1tluCt10n on ..;7' :,i-, r, hedrock is exnosed or erne-;.'.'.% v.rl,. - �1i, _ rt't•t of eAistin,, ;,tuunci 5:1r7a ce • ( onstrucuon Ihat ss:il ton !MW for more than 1 si•ar or „�!tr m;^r Ses No ;han ono phase or staCr i • I teas itinn for r. n�i _ purposes that ssould remose c n.uurei n•.:: na! , ., rock or soil per sear • t .•.Iru- Lt,n w r-x;•,:n,on of ., (anitarA' Ian Crai •— • .a„n in !loodtaay • UCrrr ntt{•alb _ ,_,1 e5 _\r. ' `.1 .!I ihrrr be an ritrct P . . s u;:•cjut• or unusual land torm1 round nn ;hr .r;rr u o t L .< d_n,•s. gvological tormation>, etc t—."O E 5 • s;'Ccnic land roans one acre pond —X Yec NO 6 1 2 3 Small to Potential Can Impact Be IMPACT ON WATER Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ONO MYES Examples that would apply to column 2 ❑ ❑ ❑Yes ❑No • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ Cl [Dyes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No - • Other impacts: I); onna +; +� ;:ida1 wa+1 aind ❑ ❑ EYes ❑No on Pipes Neck Creek not shown on 11 — 4 Will proposed action affect any non•piotected existing or new body of water? ONO Z:YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes ❑No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ Dyes ❑No • Other impacts: Pond on rot Nn _ ❑ C�2 LPsYes ❑No 5 Will Proposed Action affect surface or groundwater quality or quantity? ONO AYES Examples that would apply to column 2 • Proposed Action will require a discharge permit ❑ ❑ []Yes ❑No • Proposed Action requires use of a source of water that does not ❑ ❑ Dyes ❑No have approval to serve proposed (project) action • Proposed Action requires water supply from wells with greater than :5 ❑ Wes ❑No gallons per minute pumping capacity ❑ ❑Yes ❑No • Construction or operation causing any contamination of a water supply system. 177 • Proposed fiction will adverse's affect groundwater. El Dyes ❑No • Liquid effluent will be convey• 'off the site to facilities which presently n, ❑ Dyes ONO do not exist or have inadequate capacity — ❑ Oyes ❑No • Proposed Action would use water in excess of 20,000 gallons per day. ❑ Wes CNo • Proposed action wdl likels c:.us' siltation or other discharge into ar. existing bodv of water tc it e*tr ,t that t ere will be an obs,ous s uual contrast o natura: conditions — `!NO • Proposed Action will requirr the storage of petroleum or chemical — LY'es products greater than 1,100 gallons .— rl `yes ❑No • Proposed Action will allow residential uses in areas without water -- and or sewer services — — • Proposed Action locate' comnu•rcial and or industrial uses which rnas require new Or expansion ni es�sung waste treatment and or storage facilihes • Other 6 Will proposed action alter drainage Clow or patterns or urtace water runoff? �110 %1LS Exe sples that would apply to column 2 — .-. eves C,No - - • PrrV^sed Action would change flood waver iluws — 7 1 Z 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may-cause substantial erosion. Q ❑ Dyes []No • Proposed Action is incompatible with existing drainage patterns ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts: Impact on Land N/F Pekunka ® ❑ ❑Yes ❑No IMPACT ON AIR 7 Will proposed action affect air quality? ®NO OYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ Dyes ❑No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ Dyes ❑No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ Dyes ❑No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed • ❑ ❑ ❑Yes ❑No to industrial use • Proposed action will allow an increase in the density of industrial ❑ ❑ byes ❑No development within existing industrial areas. • Other impa(:ts: ❑ ❑ Dyes ❑No IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered species? ONO OYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ Oyes ❑No list, using the site, over or near site or found on the site. • Remova' of any portion of a critical or significant Wildlife habitat. ❑ ❑ [Dyes ❑No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ❑No than for $gricultural purposes. • Other impacts ❑ ❑ Dyes ❑No 9 %%ill Proposed Action substanualk affect non-threatened or non endangered spcciesr OXNO =YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑1es JNo mtErators f,sh, shellfish or wildlife species • Proposed Action requires the remos-al of more than 10 acres _tes ❑No of r-.a:JFe fnrest (o+cr loot dean of age) or other locall+ important .nFr'at�nn IMPACT ON AGRICULTURAL LAND RESOURCES ;( N .'l'. il.v 'mp.... non eii, ct ai;r,:ultural land re`ources� ! NO =1E5 Examples tiIdt +uuld a;1;1ls to Lolumn 2 _ r r • it,Examples ^1b;'101Ird a+Lun wool(! aeu�r (rOS50r limit dsCe5510 dghC ulWrdl NO land (nnlude. Lruplond h,ittu•Id>. pasture. %inward. orchard, etc ) ' B 1 2 3 Small to Potential Can Impact Be ModerateLarge Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes [-]No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes ❑No of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑_ _ __0 OYes____ONO_ ---- land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping). or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: } ❑ ❑ Dyes ❑No IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources? ONO OYES (If necessary, use the Visual EAE Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ Eyes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural • Proposed land uses, or project components visible to users of ❑ ❑ []Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes ❑No screening of scenic viesss known to be important to the.area. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ENO ❑YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any faulty or site listed on the State or National Register of historic places • Anv impact to an archaeological site or tossd bed located within the -• ❑ —'re, El No project site. • Proposed Action mll occur in an area designated as sensitive for ❑' ❑ ',Yes ❑No archaeological sites on. the N1S Site Inventory _ • Other impacts — `=des —'No IMPACT ON OPEN SPACE AND RECREATION I %%dl Proposed A�Iwn anect the quanwx or quality of existing or -future open space, or rep rational opportunities? Examples that ssould apols to column 2 $'NO EYES _ • the permanent foreclo,ure of a tuture recreational opportunity C !y'es ❑No • A major reduction of zn open space important to the community (_' '`les ❑No • Other impacts ❑ ❑ ❑Ye ❑No 9 IMPACT ON TRANSPORTATION Small to Potential Can Impact Be 14. Will there Moderate Large Mitigated By be an effect to existing transportation systems?ENO DYES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ ❑Yes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No ___-------IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? [NNO DYES Examples that would apply to colutpn 2 • Proposed Action will cause a greater than 5% increase in the use of 73 ❑ ❑Yes ❑No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes ❑No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ ❑Yes ❑No NOISE AND ODOR IMPACTS 16 Will there be objectionable odors, noise, or -vibration as a result of the Proposed Action? ONO DYES Examples that would apply to column Z • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ Dyes [:]No facility. • Odors will occur routinely (more than one hour per day) ❑ ❑ ❑Yes ❑No • Proposed Action will produce operating noise exceeding the local ❑ ❑ ❑Yes ❑No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ Dyes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PUBLIC HEALTH 17 Will Proposed Action affect public health and safety? 2NO EYES Examples that ssoold apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ ❑y'es [:]No substances 0 e oil, pesticides, chemicals, radiation etc ) in the event of accident or upset conditions, or there may be a chronic loss level discharge or emission • Proposed Action may rewlt in the burial of "hazardous ssastes in any ❑ LYes .—'so form lie toxic, poeonous, highly teactiee, radjoactl.e, irritating. infectious, etc 1 r ❑1'es `No • Storage fauhties for ono n�Jlion of more gallon% of liquified natural ❑ gas or other flammable liquids • Proposed action m;as rc uli in the excasation or other disturbance ❑ ❑ ❑Yes ❑No within 2.000 leet of a site used for the deposal of solid or hazardous waste ❑ ❑ Eyes ❑'so • Other impacts: _ - 10 WLarge 3 IMPACT ON GROWTH AND CHARACTER n Impact Be OF COMMUNITY OR NEIGHBORHOOD itigated By 18: Will proposed action affectthe characterof the existing oommOYESject Change MNO Examples that would apply to column 2• The permanent population of the city, town or village in which the Yes ❑No project is located is likely to grow by more than 5%. ❑ ❑Yes ❑No • The municipal budget for capital expenditures,or operating services ❑ will increase by more than 5% per year as a result of this project. ❑ ❑Yes ❑No • Proposed action will conflict with officially adopted plans or goals. ❑ • Proposed action will cause a change in the density of land use. ❑ ❑Yes �No ❑ ❑Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ or areas of historic importance to the community. ❑ ❑Yes ❑No • Development will create a demand for a4ditional community services ❑ (e.g. schools, police and fire, etc.) ❑ ❑Yes ❑No • Proposed Action will set an important precedent for future PhaserojIIs • Proposed Action will create or eliminate employment. ❑ ❑ Dyes ❑No ❑ ❑ ❑Yes []No • Other impacts: 19 Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? IRNO DYES as of July 25, 1988 If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2 1 Briefly describe the impact 2 Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s) 3 Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanenth lost resource' or salue • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential dnergence from local needs and goals • Whether known objections to the project relate to this impact (Continue on attachments) 11 Part III August Acres IMPACT ON LAND• Construction is proposed to continue for more than one year . This can be mitigated by adopting a tighter construction schedule and providing certain environmental controls during construction. There is an existing one-acre pond on the site which is proposed to be used as a drainage area. This can also be mitigated by project change. IMPACT ON WATER• The proposed action will likely cause siltation into an existing body of water, the one-acre pond on Lot No. 1. This can be mitigated by providing erosion control measures and placing the pond in a conservation zone of open space. The proposed action will alter surface water runoff and may cause substantial erosion. Again, this can be mitigated by project change. A direct connection to Pipes Neck Creek is not shown on the plans. It runs from the drainage area and must be evaluated. It is possible that a direct connection continues to Lot No. 1 onto the Sage Property. No correspondence from NYSDEC with respect to a connection to tidal wetlands exists. IMPACT ON DRAINAGE : Several low spots pond during periods of rainfall . The drainage system does not function properly and must be redesigned. Some reconstruction of road and drainage may be necessary. The purpose of the 15 ' wide easement to land N/F Pekunka needs to be explained and its impact assessed. IMPACT ON GROWTH: Phase II needs to be incorporated into the plans at this time to avoid segmentation under SEQR. it M h uauJ i . �ewr.ael :[n t '' 'L. � u'Nal Pul •u4a1 A(7 +�f'' - _ «wurxu roue va rz[ xo m Q .`4' ✓✓fy • CREEK P J•O /PE5 e N <� r 'r :C�.skl/�• aW l r �\S f �'r!U/� , p Y�i': f d A•r • ed d /a o;yam O f I N r ✓ �� _ L ��� `'yam ✓ o?'J Al N � n [WI f' a NYIe �a ✓; r ✓ \/ `Ne���� na. o.ov � �.? � s[[u<xoLoe> v[[s[c.in mr yg �'>ya ♦s M.�_ nrw +. VI W LA 'vi _,� ,•,_ ____ © COUNTY OF SUFFOLK wwR[[.nJ«crr�«lso o MuiHO Lg [.+3. Q Real Property TaxCmervice Agencyr « 05 1000 Rre.hod, PROPERTY MAP SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS & PLANNERS ' S D S41 �I BO Rp August 12 , 1988 Melissa Spiro Planner Town of Southold Planning Board Town Hall 53095 Main Road Southold, NY 11971 Re: August Acres - Section I Dear Melissa: Enclosed is the completed LEAF, Parts II and III for the above mentioned subdivision, as well as the recommended Positive Declaration. If you have any questions, please don't hesitate to contact our office. Sincerely, SZEPATOWSKI ASSOCIATES, INC. lql� David J.S, milita, AICP Principal Planner dms enc, 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 i 14. 2-6087—9� SEAR 617.21 Appendix E State Environmental Quality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance i Project Number Date This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Rni14-hn]d rr p," Planning Roani _-, as lead agency, has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Name of Action: August Acres, Section I SEAR Status: Type 1 ❑ Unlisted O Description of Action: A major realty subdivision of 36 lots on 43 . 062 acres. i i Location: Llnclude street address and the name of the municipality county. A location map of appropriate scale is also recommended.) Located at Kerwin Blvd, and Bayshore Rd. , Greenport, Town of Southold, County of Suffolk. See attached location map. • � •�. •.••.•: .�:���., i�S�'l1:inY2.'Y:l�y!�u±a `+iYm.v SEOR Positive Declaration Page 2 i Reasons Supporting This Determination: See attached Part II and Part III . I For Further Information: Contact Person: Bennett Orlowski, Sr. , Chairman Southold Town Planning Board Address: Town Hall Southold, NY 11971 Telephone Number: 516/765-1938 A Copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001 Appropriate Regional Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the political subdivision in which the action will be principally located. Applicant (if any) Other involved agencies (if any) I •�tiM � mar<b rM "�'w ��� � � r4r ( a� yF,., ,y�, t � ti...�r-•..r... -ate--. �..,.w..._._ p.. _,-_.._e-i.�.-.-n �._. ..,-.._.._.a.. _� o-. . _i":..4 _. _.u>. _.... .I.r u� ..w_.._. .'�� t � t R s't 1a• Y tom.�4•gxi .��. _ .. %kXlMt•: wC utX:.(.n t: XT i 1istA �"Y. ... gyp J r; i A f.. w •y,^' 't " 2. r'�3Y�' ��,K��e.��76,i-�� � t'f .,•'s iyx }� s'�•=1 tj F a � - � ,`�y�� I 11;16.2 (2.417)-7t fi/7.21 SEOR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- IV. there are aspects of a project that are subjective or unmeasureable. it is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance licants and agencies can be assured that the determination The fOf EAf is intended to provide a method whereby app'__ process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or-action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data andtinformation about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to impact. Theeforman impact is also identifies ely whether an impactanll to moderate or whether be mitigated or redued.tt is a potentially- Part 3: If any impact in Part 2 is identified as �elen!i�lly-large, then Part 3 is used to evaluate whether or not the impact is actually important DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: �7 Part 1 Cg Part 2 QPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate). and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that G A The protect will not result in any large and important impact(s) and, therefore is one which will not have a significant impact on the environment, therefore a negative declaration will tse prepared. B Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been requ.red. therefore a CONDITIONED negative declaration will be prepared.' 5t C The project may result in one or more large and important impacts that may have a significant impact on the• environment, therefo-e a positive declaration will be prepared. ' A Conditioned %eganve Declaration is onh sated for Unlisted Actions Major subdivision_for Au ust A Southold Town Planning Board Chairman - _Beane-tt Orlowski,- Jr. -- thin) iv Is{.� `..i . i i•t., .. 5�gnaturr nt R. .: _n.d::r e )�: rr in lead ��rvl s S,rniteuc of F'rvpaw! - 01erent trom r,,pnn,&le oincert Part 2—PROJW IMPACTS AND THEIR MAG06DE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question:*Have my responses and determinationf'been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • in identifying impacts, consider latg term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. " c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3 e. If a potentially large impact checked in column 2 can be nvtigated by change(s) in the protect to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 , Small to Potential Can Impact Be RA PACT ON LAND Moderate Large lditigated By Impact Impact Project Change 1 Will the propo,ed action result in a physical change to the project site? C\O __X1ES Examples that t%ould apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ ❑Yes =\'o foot of length), or %%here the general slopes in the project area exceed 10%. • Construction on land sshere the depth to the water table is less than r' ❑ Dyes \o 3 feet • Construction of ;,axed parking area for 1,000 or more xe6.cles _ye, —vn • Con>trt;ction on rr bedrock is eNooced or grner;..� - 4 trot of ext,tin, ,rcun(i some% • ( onstrucuon that %s!il (ont nue for more than 1 scar o; ,,'se ntc,r(. _ Yes .—AO - than ono phase (-it st::ce • I ,c,fsation for r..n,i,.= purposes that would remote irrr, t;,::, (,t n.ftural m.r., rw, t; ,� rock or soil) per sear tf rl.trLl( tion or a sanrtan lanii:il r .:rutti„n in ., i ;^c.tie0 llnod„'a1' — _ ._1 Ps A • Uthrr un{,acts �' —les _Ao ' 'A ill them be an etirct t� . .�y ur;,que or unusual land forms round on the 'rtcr Ii e., I ',;!4 (;ones, g;�ologtcal tormation,. etc )_\0 .Xl ES • �pvotic land io,rns one a acrpnond _ ❑ 2)es _\c- ._ 6 1 2 S Small to Potential Can Impact Be IMPACT ON WATER Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15,24,25 of the Environmental Conservationn La, ❑ YES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ Oyes ONO • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes ONO protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes ONO • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ONO -- • Other impacts: Direct nnnprt; r to tidal wetl and ❑ ❑ oyes ONO on Pipes Neck Creek not shown nn r,1ano 4 Will proposed action affect any non•136tected existing or new body of water? ONO EYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes ONO or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes ❑No Fond on rot Nn ❑ [$ (SYes ONO • Other impacts: �- 5 Will Proposed Action affect surface or groundwater quality or quantity? ONO aYE5 Examples that would apply to column 2 • Proposed Action will require a discharge permit ❑ ❑ ❑Yes ONO • Proposed Action requires use of a source of water that does not ❑ ❑ Dyes ONO have approval to serve proposed (project) action • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ Yes ONO gallons per minute pumping capacity ❑Yes ONO • Construction or operation causing any contamination of a water [' ❑ supply system. • Proposed 4,ction will adverse's affect groundwater ❑ ❑ ❑Yes ONO • Liquid effluent will be conver•-d off the site to facilities which presently ❑ ❑ Dyes ONO do not exist or have inadequate capacity • Propo>ed Action would use water in excess of 20.000 gallons per ❑ [Dyes ONO day. • proposed Action will lil.els c:.us siltation or other discharge into anElyYes ❑No existing body of wutcr tc u r eaecv that tFere will be an obs sous s isual contrast - natura, conditions _ it Proposed Action will require the storage of petroleum or chemical - ❑ `Yes �No products greater than 1,100 gallons — • Proposed Action will altow residential uses in areas without water ❑ Yes ❑No andior sewer services _ _ — • Proposed Action locate, commercial and or industnal uses ss hich mas — - -ties L N 0 require ne%% or expansion of existing vasty treatment and or s!oragc. facilities -No • Other 6 Will proposed action alter drainage 14- or patterns, or urtace water runoff? ENO XNLS Exe tples inat would apply to column 2 1 [Ye, []NO • Prcq,-sed Action would change Cood waver i]osys — — 7 1 S Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. 12 ❑ ❑Yes ONO • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes []No is Proposed Action will allow development in a designated Iloodway. ❑ ❑ ❑Yes ONO • Other impacts: Impact on Land N/F Pekunka ❑ ❑ [-]Yes ONO IMPACT ON AIR 7 Will proposed action affect air quality? ®NO OYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or mere vehicle trips in any given ❑ ❑ ❑Yes ONO hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ ❑Yes ❑No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ ❑Yes ONO heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ ❑Yes ONO to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ byes ONO development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes ONO IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered species? ONO OYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or federal ❑ ❑ ❑Yes ONO list, using the site, over or near site or found on the site. • Remova' of any portion of a critical or significant Wildlife habitat. ❑ ❑ ❑Yes ONO • Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ONO than for itgricultural purposes • Other impacts ❑ ❑ ❑Yes ❑No 9 1N'ill Proposed Action substantially affect non-threatened or non-endangered species? L$NO --YES Examples that would apple to column 2 • Proposed Action would substantially interfere with any resident or ❑1 es ❑No mtgrators fish. shellfish or wildhie species • Proposed Action requires the removal of more than 10 acres r' ` 1 es nNo of mature tor(-.t (oser tix) \ears of age) or other localk important segetaUon IMPACT ON AGRICULTURAL LAND RESOURCES Ow Propo,, d Acton itlect agricultural land resources ENO C1I Examples that ssuuld a,gph to column 2 • the proptned action tsould ses-ta cross or limn access to agricultural i_ C ;_les No land (mclude, cropland. halftelds. pasture, sinetard, orchard. etc ) 8 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disruptor prevent installation of agricultural ❑, ❑ Dyes, ONo lard management systems (e.g., subsurface drain lines, outlet ditches, strip cropping), or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: 4 ❑ ❑ Dyes ❑No IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources? [3NO DYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B ) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ [Dyes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ Dyes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes ❑No screening of scenic vies known to be important to the area. • Other impacts ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? &NO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any facihts or site listed on the State or National Register of historic places _ • Any impact to an archaeological site or fossil bed located within the r' 7- � rep ❑Na project site. • Proposed Action ssdl occur in an area designated as sensitive for ❑ C' ❑1'es ❑No archaeological sites on the N)S Site Inventory • Other impacts ❑Yes No IMPACT ON OPEN SPACE AND RECREATION 13 11111 Proposed A(Iwn ortect the quantity or quality of existing or future open spaces or rc, reathonal opportumtres� Examples that ssould apply to -olumn 2 $NO EYES • the permanent foreclo.ure of a future recreational opportunity C Dyes ❑No • A major reduction or en open space important to the community ' ❑ Eyes []No • Other impacts ❑ ❑ Dyes ❑No 9 1 2 3 ' IMPACT ON TRANSPORTATION Small to Potential Can Impact Be 14, Will there be an effect to existing transportation systems? Moderate Large Mitigated By ENO OYES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ ❑Yes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes []No IMPACT ON ENERGY - - 15. Will proposed action affect the community's sources of fuel or energy supply? [3NO OYES Examples that would apply to colurpn 2 • Proposed Action will cause a greater than 5% increase in the use of 7 ❑ ❑Yes ❑No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ Dyes ONo transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ Dyes ❑No NOISE AND ODOR IMPACTS 16 Will there be objectionable odors, noise, or -vibration as a result of the Proposed Action? (3NO OYES Examples that would apply to column 1 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Ves ❑No facility • Odors will occur routinely (more than one hour per day) ❑ ❑ ❑Yes ONO • Proposed Action will produce operating noise exceeding the local ❑ ❑ Dyes ❑No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ Dyes ONO noise screen. • Other impacts: ❑ []Yes ONO ❑ IMPACT ON PUBLIC HEALTH 17 Will Proposed Action affect public health and safety? [XNO OYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ ❑Yes ONO substances 0 a oil, pesticides, chemicals, radiation, etc )in the event of accident or upset conditions, or there may be a chronic low level discharge or emission • Proposed Action mas result in the burial of "hazardous wastes in any ❑ ❑ ❑Yes ENO form 0 a toxic, poisonous, highly reactise, radioactive, irritating, infectious, etc ) Ell Eyes i_No • Storage facilities for ono million or more gallons of liquified natural ❑ gas or other flammable liquids • Proposed action mas result in the excavation or other disturbance ❑ ❑ Oyes [i Nl1 within 2,000 feet of a site used for the disposal of solid or hazardous waste • Other impacts: ❑ El ENO ❑ - -- 10 1 .2 3 IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD _ Moderate Large Mitigated By 18. Will proposed action affect the character of the existing community? Impact Impact Project Change ONO DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures.or operating services ❑ ❑ ❑Yes ❑No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑Yes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ ❑Yes ONo • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes ❑No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes [3 No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. $1 ❑ ❑Yes ❑No • Proposed Action will create or eliminate employment.(Phase II) ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No • Other impacts: 19, Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? RNO DYES as of July 25, 1988 If Any Action In Part 2 Is Identified as a Potential Large impactor If You Cannot Determine the Magnitude of impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the folio%%ing for each impact identified in Column 2 of Part 2 l Bnefls describe the impact. 2 Describe(if applicable)ho" the impact could be mitigated or reduced to a small to moderate impact by project change(s) 3 Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider • The probability of the impact occurring • The duration of the impact • Its irreversibility. including permanently lost resources of salue • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential dnergence from local needs and goals • Whether Anon objections to the project relate to this impact (Continue on attachments) 11 Part III August Acres IMPACT ON LAND: Construction is proposed to continue for more than one year . This can be mitigated by adopting a tighter construction schedule and providing certain environmental controls during construction. There is an existing one-acre pond on the site which is proposed to be used as a drainage area. This can also be mitigated by project change. IMPACT ON WATER• The proposed action will likely cause siltation into an existing body of water, the one-acre pond on Lot No. 1. This can be mitigated by providing erosion control measures and placing the pond in a conservation zone of open space. The proposed action will alter surface water runoff and may cause substantial erosion. Again, this can be mitigated by project change. A direct connection to Pipes Neck Creek is not shown on the plans. It runs from the drainage area and must be evaluated. It is possible that a direct connection continues to Lot No. 1 onto the Sage Property. No correspondence from NYSDEC with respect to a connection to tidal wetlands exists. IMPACT ON DRAINAGE: Several low spots pond during periods of rainfall. The drainage system does not function properly and must be redesigned. Some reconstruction of road and drainage may be necessary. The purpose of the 15' wide easement to land N/F Pekunka needs to be explained and its impact assessed. IMPACT ON GROWTH• Phase II needs to be incorporated into the plans at this time to avoid segmentation under SEQR. 14-16-2 (2/87)-7c OWN OF SOUTHOLD tv 617.21aR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT F Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part .. ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signatureof Preparer(Ifdifferentfrom responsible officer) Date 1 PART PROJECT INFORMATION Pr red 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 August Acres LOCATION OF ACTION(Include Street Address, Munictpallty and County) Kerwin Boulevard, Southold, County of Suffolk NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Henry E. Raynor, Jr. — Agent (516) 298-8420 ADDRESS Love Lane CITY/PO STATE ZIP CODE Mattituck NY 11952 NAME OF OWNER(If different) BUSINESS TELEPHONE Posillico Construction Company (5161 333-0666 ADDRESS 31 Tennyson Avenue CITY/Po STATE ZIP CODE Westbury NY 11590 DESCRIPTION OF ACTION Realty subdivision I i Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) ®Rural (non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: 43 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 42 acres 42 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 1 acres 1 acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? topsoil, loam, sand and gravel a. Soil drainage: ❑Well drained. % of site 13Moderately well drained _95_— % of site ❑Poorly 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? ❑Yes K]No a. What is depth to bedrock? (in feet) 2 3. Ap.proxtfnate percentage or proposed projefhe with slopes: E:0-1o% 1 M ❑10-15% % ❑15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes ZINO 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ❑No 8. What is the depth of the water table? ± 10 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes ZINO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? []Yes ENO 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? []Yes ZINO According to information and belief plus inspections Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) 7--Yes allo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes [pNo If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes 19No 15. Streams within or contiguous to project area: TONE a. Name of Stream and name of River to which it is tributary 16. takes, pondX wetland areas within or contiguous to project area: a. Name none b. Size (In acres) 1 17, Is the site served by existing public utilities? Eyes ONO a) If Yes, does sufficient capacity exist to allow connection? 2Yes ❑No b) If Yes, will improvements be necessary to allow connection? --Yes ENO already in place 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 3042 ❑Yes ®No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes ZINO 20. Has the site ever been used for the disposal of solid or hazardous wastes? []Yes 9jNo on information and belief plus inspections B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 43 acres. b. Project acreage to be developed: 43 acres initially; 43 acres ultimately. c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: n/a (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed n/a %; f. Number of off-street parking spaces existing _ n proposed er nn.ae g. Maximum vehicular trips generated per hour 18 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 36 Ultimately 36 i. Dimensions (in feet) of largest proposed structure height; width; length. per code j. Linear feet of frontage along a public thoroughfare project will occupy is? 250 ft. 3 ?. How,much natural material (i.e., rock, ea tc.) will be removed from the site? tonslcubic yards 3. Will disturbed areas be reclaimed? ®Y ❑No ❑N/A a. If es, for what intend..,: lawns y purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ®Yes ONO c. Will upper subsoil be stockpiled for reclamation? OYes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes ®No 6. If single phase project: Anticipated period of construction 18 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ❑No 8. Will blasting occur during construction? ❑Yes IRNo 9.,Number of jobs generated: during construction 1 S ; after project is complete n 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ❑Yes ®No If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes 2 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? ZYes ONO Type drsmpgt; r cpurpraQe 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes ENO Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes ENO 16. Will the project generate solid waste? ❑Yes (3jNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ONO c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ONO e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes ®No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑Yes $)No 19. Will project routinely produce odors (more than one hour per day)? ❑Yes ®No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes ®No 21, Will project result in an increase in energy use? X]Yes ONO If yes , indicate type(s) electricity 22. If water supply is from wells, indicate pumping capacity n/a gallons/minute. 23. Total anticipated water usage per day 9900 gallonsiday. 24. Does project involve Local, State or Federal funding? ❑Yes KINo If Yes, explain 4 2b. Approvals cequireci: Submittal Type Date City, Town, Village Board ❑Yes [2No City, Town, Village Planning Board AlYes ❑No subdivision City, Town Zoning Board ❑Yes ENO City, County Health Department [ Yes ONO sewerage Other Local Agencies Dyes IJNo Other Regional Agencies ®Yes ❑No S. C. Planning Commission State Agencies ❑Yes ®No Federal Agencies ❑Yes CjJNo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? nYes ONO If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ®subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? AR80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? subdivision pre—exists above classification allowing 36 units 4. What is the proposed zoning of the site? AR80 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? is 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? lYes ❑No 7 What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? AR80 8 Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? ]Yes ONO 9. If the proposed action is the subdivision of land, how many lots are proposed? 36 a. What is the minimum lot size proposed? 40, 000 sq. ft. 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes ENO 11 Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? Go Yes []No a. If yes, is existing capacity sufficient to handle projected demand? ®Yes ONO 12, Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes ®No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONO 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/Spo r Name Henr E. Raynor, Jr. Date 7 Signature I Title Agent If the action is in the C a tal Area, and J ou are a st agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 14-16-2 (2/87)-7c OWN OF SOUTHOLDnSOWHOLD 617.21 QR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT F Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action maybe significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 , ❑ Part El Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting nformation, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared- ' A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different f rom responsible officer) Date 1 PARTPROJEOT 1N'FORMAT10N Prep red 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 August Acres LOCATION OF ACTION(Include Street Address, Municipality and County) Kerwin Boulevard, Southold, County of Suffolk NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Henry E. Raynor, Jr. — Agent 516) 298-8420 ADDRESS Love Lane CITY/Po STATE ZIP CODE Mattituck NY 11952 NAME OF OWNER(If different) BUSINESS TELEPHONE Posillico Construction Company (516) 333-0666 ADDRESS 31 Tennyson Avenue CITY/PO STATE Z1P CODE Westbury NY 11590 DESCRIPTION OF ACTION Realty subdivision it i Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) ®Rural (non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: 43 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 42 acres 42 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 1 acres 1 acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (indicate type) acres acres 3. What is predominant soil types) on project site? topsoil, loam, sand and gravel a. Soil drainage: ❑Well drained. % of site ERModerately well drained 95 % of site OPoorly 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? []Yes CNo a. What is depth to bedrock? (in feet) 2 _. _ - \oproximate percentage or proposed projedth with siooes: - 0-10% inn ❑10-15% ❑15% or greater qo 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes S]No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ONO 8. What is the depth of the water table? ± 10 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes &]No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? []Yes ®No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? []Yes ZNo According to information and b lief plus inspections Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) []Yes 25No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes [�No If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes ERNo 15. Streams within or contiguous to project area: NONE a. Name of Stream and name of River to which it is tributary 16. takes, pondX wetland areas within or contiguous to project area: a. Name none 1 b. Size (In acres) 17. Is the site served by existing public utilities? ®Yes ❑No a) If Yes, does sufficient capacity exist to allow connection? 2Yes ❑No b) If Yes, will improvements be necessary to allow connection? --Yes ENo alreadynn nagcu18. Is the located a agricultural district certified Pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes KNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 ❑Yes $]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes KNo on information and belief plus inspections B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 43 acres. b. Project acreage to be developed: as acres initially; 41 acres ultimately. c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: n/a (If ap propriate) e. If the project is an expansion, indicate percent of expansion proposed n/a oho; f. Number of off-street parking spaces existing n proposed per =rle g. Maximum vehicular trips generated per hour is (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially '46 Ultimately 36 I. Dimensions (in feet) of largest proposed structure height; width; length. per code I. Linear feet of frontage along a public thoroughfare project will occupy is? 250 ft. 3 How much natural material (i.e., rock, ear*c.) will be removed from the site? tons/cubic yards 3. Will disturbed areas be reclaimed? Eye- - ❑No ❑N/A a. If yes, for what intend. purpose is the site being reclaimed? lawns b. Will topsoil be stockpiled for reclamation? ®Yes ❑No c. Will upper subsoil be stockpiled for reclamation? 13Yes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes ®No 6. If single phase project: Anticipated period of construction 18 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONO 8. Will blasting occur during construction? ❑Yes ®No 9.,Number of jobs generated: during construction 1 5 ; after project is complete n 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ❑Yes ®No If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes LX_No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water bodv into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ZYes ONO Type r3nmegt• i r qpwerauge 14. Will surface area of an existing water body increase or decrease by proposal? 7—Yes ZNo Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes ZNo 16. Will the project generate solid waste? ❑Yes GtNo a. If yes. what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes ®No a. If yes, what is the anticipated rate of disposal? tons/month. . b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑Yes ZINO 19. Will project routinely produce odors (more than one hour per day)? ❑Yes ®No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes [ENo 21. Will project result in an increase in energy use? K]Yes ❑No If yes , indicate type(s) electricity 22. If water supply is from wells, indicate pumping capacity n/a gallons/minute. 23. Total anticipated water usage per day 9900 gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes ®No If Yes, explain 4 5- Approvais Requfrea: Submittal Type 4P Date City, Town, Village Board []Yes (3No City, Town, Village Planning Board XYes ❑No subdivision City, Town Zoning Board Oyes ®No City, County Health Department ( Yes ❑No sewerage Other Local Agencies El Yes 2!INo Other Regional Agencies (Eyes ❑No S. C. Planning Commission State Agencies Dyes ®No Federal Agencies ❑Yes (RNo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? t3Yes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ®subdivision ❑site plan ❑newirevision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? AR80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? subdivision pre—exists above classification allowing 36 units 4. What is the proposed zoning of the site? AR80 S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? is 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? RIYes ❑No 7 What are the predominant land use(s) and zoning classifications within a Y. mile radius of proposed action? AR80 8 Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? ]Yes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? 36 a. What is the minimum lot size proposed? 40, 000 sq. ft. 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes ®No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? FuYes ❑No a. If yes, is existing capacity sufficient to handle projected demand? ®Yes El No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes ®No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Spc r Name Henr. E. Raynor, Jr. .� Signature Date Title Agent If the action is m the C a tal Area, and ou are a st agency, complete the Coastal Assessment form before proceeding with this assessment. 5 P T D SL r41 Southold, N.Y. 11971 (516) 765-1938 July 14, 1988 David Emilita 23 Narragansett Avenue Jamestown, Rhode Island 02835 RE: August Acres SCTM #1000-53-4-44. 2 Dear Mr. Emilita: The following action was taken by the Southold Town Planning Board on Monday, July 11, 1988. RESOLVED that the Southold Town Planning Board accept and request compliance with David Emilita' s report dated June 24, 1988. RESOLVED that the Southold Town Planning Board take a 30 day extension for the purpose of reviewing the LEAF of this major subdivision. This parcel is on 43 .062 acres located at Archamomaque. Enclosed please find an updated LEAF and a newly submitted map. The Planning Board is in agreement with your correspondence of June 24 ,however, they have agreed not to ask for the archeological information. Please forward your comments to our office. If you have any questions, please do not hesitate to contact this office. Ver ly yours, BENNETT ORLOWSKI,JR. CHAIRMAN enc. REC'EIVEtT tsT s 14-16-2 (2/87)-7c • TOWN F OUTHOLD S 6 Our�q I�P� �BUARA JJuu W SEAR Appendix A DATE State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a projector action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its .site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 []Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(lf different from responsible officer) Date 1 TOWN OF SOUTHOLD PARICPROJECT INFORMATION . 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 August Acres LOCATION OF ACTION(Include Street Address, Municipality and County) Kerwin Boulevard, Southold, County of Suffolk NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE Henry E. Raynor, Jr. — Agent (516) 298-8420 ADDRESS Love Lane CITY/Po STATE ZIP CODE Mattituck NY 11952 NAME OF OWNER(If different) BUSINESS TELEPHONE Posillico Construction Company (516) 333-0666 ADDRESS 31 Tennyson Avenue CITyIPo STATE ZIP CODE Westbury NY 11590 DESCRIPTION OF ACTION Realty subdivision Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) gRural (non-farm) El Forest ❑Agriculture ❑Other 2. Total acreage of project area: 43 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 42 acres 42 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 1 acres 1 acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? topsoil, loam, sand and gravel a. Soil drainage: ❑Well drained % of site C3Moderately well drained g5 % of site ❑Poorly 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? ❑Yes KIND a. What is depth to bedrock? (in feet) 2 • 5• Approximate percentage of proposed proj0ite with slopes: ❑0-10% � ❑10-15% % ❑15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes ®No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ❑No 8. What is the depth of the water table? ± 10 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Dyes Jc1No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes ENo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes fr7No According to information and belief plus inspections Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑Yes ANo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes L�No If yes, explain 14. Does the present site include scenic views known to be important to the community? []Yes ®No 15. Streams within or contiguous to project area: NONE a. Name of Stream and name of River to which it is tributary 16. takes, pondX wetland areas within or contiguous to project area: a. Name none b. Size (In acres) 1 17. Is the site served by existing public utilities? Eyes ❑No a) If Yes, does sufficient capacity exist to allow connection? ®Yes ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes ENo already in place 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 3047 ❑Yes ®No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 5172 []Yes X]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? []Yes ®No on information and belief plus inspections B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 43 acres. b. Project acreage to be developed: 43 acres initially; 43 acres ultimately. c. Project acreage to remain undeveloped 0 acres. d. Length of project, in miles: n/a (if ap propriate) e. If the project is an expansion, indicate percent of expansion proposed n/a %; f. Number of off-street parking spaces existing Q_; proposed per rnAg g. Maximum vehicular trips generated per hour 18 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 36 Ultimately 36 i. Dimensions (in feet) of largest proposed structure height; width; length. per code j. Linear feet of frontage along a public thoroughfare project will occupy is? 250 ft. 3 2• How much natural material (i.e., rock, e4b etc.) will be removed from the site? tons/cubic yards 3. Will disturbed areas be reclaimed? ®Yes ❑No ❑N/A a. If yes, for what intend.: purpose is the site being reclaimed? lawns b. Will topsoil be stockpiled for reclamation? ®Yes ❑No c. Will upper subsoil be stockpiled for reclamation? OYes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes ®No 6. If single phase project: Anticipated period of construction 18 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ❑No 8. Will blasting occur during construction? ❑Yes EBNo 9. Number of jobs generated: during construction 1 9 after project is complete n 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? Dyes ExlNo If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes In 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? flYes ❑No Type rinmP.ct i r• gPwPrage 14. Will surface area of an existing water body increase or decrease by proposal? Dyes ®No Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes @No 16. Will the project generate solid waste? ❑Yes ERNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes ®No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑Yes KNo 19. Will project routinely produce odors (more than one hour per day)? ❑Yes ®No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes ®No 21. Will project result in an increase in energy use? 93Yes ❑No If yes , indicate type(s) electricity 22. If water supply is from wells, indicate pumping capacity n/a gallons/minute. 23. Total anticipated water usage per day 9900 gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes ®No If Yes, explain 4 25. Approvals Required: Submittal Type Date City, Town, Village Board ❑Yes I$No City, Town, Village Planning Board ®Yes ❑No subdivision City, Town Zoning Board ❑Yes ®No City, County Health Department ExlYes ❑No sewerage Other Local Agencies ❑Yes INNo Other Regional Agencies ®Yes ❑No _S. C. Planning Commission State Agencies Dyes ®No Federal Agencies ❑Yes C,�No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? nYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ®subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? AR80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? subdivision pre—exists above classification allowing 36 units 4. What is the proposed zoning of the site? AR80 S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 18 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 10Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a 114 mile radius of proposed action? AR80 8. Is the proposed action compatible with adjoining/surrounding land uses within a 'A mile? ]Yes ❑No 9 If the proposed action is the subdivision of land, how many lots are proposed? 36 a. What is the minimum lot size proposed? 40, 000 sq. ft. 10 Will proposed action require any authorization(s) for the formation of sewer or water districts? []Yes ®No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? Ryes ❑No a. If yes, is existing capacity sufficient to handle projected demand? ®Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes ®No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Spo or Name HenryE. Raynor, Jr. Date _� Signature Title Agent If the action is with this assessment.th Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding 5 RECEIVED y SDUTROLD JOVN PLO , NG BDARD JUL!11 19 gt� P. O. Drawer Dart Jamesport, i July 7, 198 rV Bennett Orlowski, Jr. , Chairman Southold Town Planning Board t% P Main Road Southold, NY 11971 RE: August' Acres subdivision at Southold Dear Mr. Orlowski : I was very dismayed to discuss with Melissa a recent decision by Dave Emilita of Szepatowski Associates pertaining to the above captioned subdivision. It appears now that an archeological resource study and zoological study is being requested. In review of this file, it is my interpretation of the letter by the Town Attorney, Mr. Jay Schondebare, that the final action taken by your Board on the final map would "trigger" the SEQR process . I would like to point;,out that subdivision predated any SEQR requirements and further, it is has been the past practice of your Board to initiate SEQR at the beginning of the preliminary stage. As defined from the Town Attorney' s letter, we have already achieved preliminary approval, reasoning that the sequencing of SEQR is in an improper time frame. We are in no way objecting to handling SEQR on a reasonable basis, but to have a demand at an eleventh hour is certainly beyond the realm of reason or the intent of the SEQR regulations . This subdivision is 100 percent complete with regard to all town improvements as requested by all town agencies. In fact, the key to the recharge basin is being turned over to the Highway Department. Mr. Emilita also states that the plan submitted is "too muddy" . I think I need an interpretation of that. He has also stated there is a requisite form for the Long Environmental Assessment Form, Part I, which is obsolete. To my knowledge there has not been an amendment to this form by the Town of Southold. But, if in case I have not received this change through omission, please advise me of such. By this delay that is requested by Szepatowski Associates, this subdivision will lose its Department of Health Services approval . This approval was an long, arduous task taking many months to complete. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board July 7, 1988 Page 2 I feel it is extremely unfair that the request from you for the type of compliance be requested less than two weeks prior to a final hearing. I would formally request the Board go forward with a final public hearing and make their determination subject to revisal pertaining to the issues raised so that they may be addressed in a timely fashion. I would further request that this matter be reinstated on the July K agenda. Very truly yours, Henry E Raynor, Jr. HR:ml CC: Posillico POSMUCO<ONSTRUCTION COMPANY, INC. EXCAVATING AND ROAD BUILDING $16->DGBWOOD 34666 WESMUiY,N.Y. 11590 RECEIVED By July 1, 1988 _2Ul OLO TOWN P IANWING-Na Town of Southold Planning Board °ATe 53095 Main Road Southold, New York 11971 Attention: Ms. Jill Thorp` Re: August Acres Subdivision Dear Ms. Thorpd: As per a phone conversation today, I am requesting that a final inspection be conducted for the above referenced subdivision. I would like to note that the majority of the items listed in the last engineers inspection have been completed . The only items which will remain outstanding will be the replacement of a stolen sign post with two street signs and the installation of new locks on the recharge basin gates . The Town Highway Department has informed us that they will replace the sign which was stolen within one week of it being installed. The locks on the gates will be changed within the week and keys will be provided to Mr . Ray Jacobs of the Highway Department. Thank-you for your continued efforts in this matter. Sincerely, James A. Posillico Secretary JAP/mp P T O� D SLt$�'(1 Southold, N.Y. 11971 (516) 765-1938 June 30, 1988 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: August Acres SCTM #1000- 53-4-44. 2 Dear Mr. Raynor: Enclosed please find correspondence from David Emilita for your compliance. Please note that we have checked on the "muddy" map and he was sent a map similar to those in our file. If you have any questions, please do not hesitate to contact this office. Very truly yours, a BENNETT ORLOWSKI,JR. CHAIRMAN jt RECEIVED By 500THOLO 106'N LINING no JUNz1 y fi DATE P. O. Drawer A Jamesport, NY 11947 June 24, 1988 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, NY 11971 Dear Mr. Orlowski : I am in receipt of your board' s recommendation, dated June 22, 1988. Pertaining to Item #2, I have requested our surveyor, Roderick van Tuyl to forward to you an analysis based on the United States Department of Agriculture soils mapping. This subdivision is now ready for final hearing as all the requirements of your Board have been met. Please schedule this for the July 11 meeting . Sincerely, Henry E eynor, W r. HR:m.l CC: Posillico S 1 SZEPATOWSKI ASSOCIATES INC. ENVIRONMENTAL CONSULTANTS & PLANNERS S41 0'47e 8a June 24, 1988 Mr. Bennett Orlowski Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: August Acres LEAF dated 10 May 88 Dear Bennett: We cannot process this LEAF as it has been prepared on an obsolete form. Also the plan submitted is too muddy to read any is unacceptable. The requisite forms are included in the SEOR Regulations effective 1 June 87. A clear and completely readable print of the land in question needs to be included wit! a completed current LEAF Part I. We would like to point out that answers to questions on rare threatened or endangered species and archaeological resources need to be completed by competent authorities. All questions need to be completed or the submission will be rejected as incomplete. SINCERELY, SZEPATOWSRI ASSOCIATES, INC. bw ./ David J.S. E-M ita, AICP Principal Planner DJSE:mt 23 Narragansett Ave. Jamestown, RI 02835 (401) 423-0430 gvFO(,r P s � TO D SL q * IN Southold. N.Y. 11971 (516) 765-1938 June 22, 1988 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: August acres SCTM #1000-53-4-44.2 Dear Mr. Raynor: -Enclosed please find a copy of the correspondence from the N.Y.S. D.E.C. The Planning Board asks for compliance with number two. If you have any questions, please do not hesitate to contact this office. Very ly yours, ..GivstG��� BENNETT ORLOWSRI,JR. CHAIRMAN enc: jt New York State Department of Environmental Conservation Building 40—SUNY, Stony Brook, New York 11794 RECEIVED BY sout���o 2 0 a ea ( 516 ) 751-7900 — DATE Thomas C. Jorling Commissioner June 14 , 1988 Mr. Bennett Orlowski, Jr. Town of Southold Planning Board Southold, New York 11971 RE : August Acres SCTM #1000-53-4-44 . 2 Dear Mr. Orlowski: The natural resource staff of the Department of Environmental Conservation has reviewed the Long Form Environmental Assessment and sketch map for the above referenced project and has the following comments : 1 . This project will not affect any regulated freshwater wetlands pursuant to ECL Article 24 or have any impacts to threatened or endangered species identified in NYCRR Part 182 . 2 . The information provided for soil types in the EAF is inadequate. The applicant should refer to the Soil Survey of Suffolk County prepared by USDA Soil Conservation service for accurate descriptions . The department agrees with your initial determination of nonsignificance and has no objections to you assuming lead agency status . Cordially, 6M6AMq"4L FIradk M. Panek Riaonal Supervisor of Natural Resources Stony Brook FMP/sjmr cc : Regulatory Affairs w/attachment • J • RECEIVED BY SOUIRLD iDPJN PLANNING BOARD J- 1_9$8 DA r P. O. Drawer A Jamesport, NY 11947 June 8, 1988 Southold Town Planning Board Main Road Southold, NY 11971 Dear Sirs: Please find enclosed the major subdivision application for August Acres at Southold, New York with the filing fee, as per your request. Sincerely, Jy9R YIA i� Vna or, J HER:ml Enc. ' � RECEIVE' BY APPLICATION FOR APPROVAL OF PLAT ���� 9 1988---- To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tw ta?xix) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as„follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . . . .Augus.t .Acres. . .. . . .. . . .. .. . . . .. .. . . . . .. .. . . . . . .. .. .. . . .. .. .... .. . . .. . . .. .. . .. . ... . .... .. .. .. . . .. .. . . .. . . . . .. . . .. . . .. . . .. .... . ... . .. .. . . ... . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . .. .$101. . .. . . .. . . .. .. . Page . .-3.�9. . . . . . . . . . . . . . . . On .9-9.:76 . . . . . . . . . . . . .. ; Liber . . . . . .. .. . . .. ... . .... .. . Page . .. .. .. . . . . . . . . . . . . . . . On . . . . . .. . . .. . . .. . . . . . . .. : Liber . .. .. . . . . .. .. .... .. .. .. . Page . . . .. .. .. .... . . .. . . .. . On . .. .... . . . . . . .. .. .. . .. . ; Liber . .. . . .. .. . . .. . .. . .. . . . . . Page . ...... .... . . . . .. .. .. . On . . . . . .. .. .. .. .. . . .. . . .. ; Liber . ... . .. .. .. ...... ....... Page . .. .. .. .. .. .. .. . . .. ... On . .. .. .. .. .. . . .. . . .. . . . , as devised under the Last Will and Testament of . .. . . .... .... .. ... . .... .. .. .. . . .. . . .... oras distributee . . . . . .. . . .. .. ........ .... .. . . .. .. .. . . . . .. .... .. .. . . .. .... .... . ..... . ... . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. .. ...... ........... . . . . . . . . . . . . . . . . . . . .. .. .. . . .. .. . . . . . . . . . . . . . . . . . 5. The area of the land is ... 43... ......... acres. e 6. All taxes which are liens on the land at the date hereof have been paid nAmgMX . . ... . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . .. .. .. . .. .. .... ...... . . . .. . . . . . . .. . . . . . . .. . . . . .. .. .. . . . . . . . . . . . . . . .. 7. The land is encumbered by . ...... .. .. . . .. .. . . .. .. . . . . . . .. .. .. .. .... . . . .. . . . . . . . . . .. . mortgage (s) xxabaiimmi (a) Mortgage recorded in Liber . .. .. .. . . .. . . . Page . . . . . .. .. .. . . . . . . . in original amount of $. . . .. . . . . .. . . . unpaid amount $ . .... . . . . . . . . . .. .. .. . held by . .. .. .. . . ... . .. .. . .... . .. .. .... .. .. . address . .. .. .... ..... .. .. . . .. .. . . . . . . . . .. . . . . . . . . . . . . .. .. ... .. .. .. . ... . . (b) Mortgage recorded in Liber,. . . .. .. .. Page . . . . . . . . . .. . . .. . .. . . . . . in original amount of . .. . . . . . . . . . . . unpaid amount $. .. . . . . . . . . . . .. . . . . . . . held by . .. .. . . . . . . . . .. .. . . . . . . . . .. . . .. .. . . . address . .. .. .. . . .. . .. ... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . ... . . .... - � N (c) Mortgage recorded in Liber . . . .. . . . . . . . . . Page . . . . . . . .. . . . . . . . in original amount of ... .. . . . . . . . . . unpaid amount $. .. .. . . . . . . .. .. . . .. .. . held by . .. . . .. .. .. . . ..... . .. . . .... .. .. .. .... .... . . . address . .. . . .... . . .. .. . . .. .. .. .. .. .. . . . . .. . . . . ... . . . . . . . . . . . . .. . 8. There are no other encumbrances or liens against the land =Mt . .. .. ...... ........ .. ... . . . . . . . . . .. . . . . . . . . .. .. . . . . . . .. . . .. . . . . .. . . . . . . . . . . .. . . .. . . . . .. .. . . .. .. . .. .. . . . . ... . ... . 9. The land lies in the following zoning use districts . ., AR8O . . . .. . . . . .. .. . . .. .. . . . . . . .. .. . .. . ... .. .. .. .. . . . . .. . . .. . . . . . . . . . . . . .. . . . . .. . . . . .. .. .. . . .. . . .. . . . . .. .. .. .. . .. . . . . . . . . ..... . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- N/A cept . . . .. .. .. . . . . . . .. . . .. .. . . .. . . .. ..... . . . . . . . . .. . . .. . . . . . . . . .. .. .. .. . . . . . . . . . . ... . . . . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (jWggiAt) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . . . .. . . .Yi.1l.3g.g. 4f. .GK.4'2npoYt. . . . . . . . . . . . . . . . . . . . . . . . . . 13. Water mains .will be laid by . . . . . Village , of. GreenQort and (a) §m) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . ..LILCO . .. . . . . . . . . .. . . . . . . .. .. . . . . . . . . . . . . and (a) (R9) charge will be made for installing said lines. 15. Gas mains will be installed by . .. . . . . NIA. . . .. .. .. .. . . . . . . .. .. . . . . . . . . .. . . . . . . . . . . . . . .. . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be S. . . . . .. . . . as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .. . .. . . .... . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE . . . .. . . . . . . .. .. .. .. .. .June,7, 19 W ,1?osillico.constructi9A CQ,,. ,Tgo,. ... . . .. (Name of Applicant) . . . .. .. ... . .. , _Secretary ature and Title) 31 ,TennXson, Avenue;_Weatbury, ,New York , 11590 (Address) STATE OF NEW YORK, COUNTY OF . .. . . . . . . .. . . . . . . .. . . .. . . .. . . . . .. ss: On the . . . . . .. . . . . . . . . . . . day of. .. . . . . . . . . .. . . . . . . . . . .. . . .. 19. !�P. ., before me personally came • •. . . . . . .. .. .. .. . .. . . . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . . . . . . .. . executed the same. . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . ... . Notary Public STATE OF NEW YORK, COUNTY OF . . . .. Suffolk , , .. . ss: On the . .. . . .7th.. . . .. . day . . �T=e.. . .. of . . . . . .. .. . ... .. 19. 88 before me personally came James A. P I I . . . o0 . ,_ . to me known, who being by me duly sworn did de- pose and say that . . . .11?. . . . . . resides at No. . R39. AVY111e.Avenue,,. Bayville,,, New, York, ,. 11709 . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . that . .. . . . .IIA. . . .. . . . . . . . . . . . is the . Secretary . . . . . . . . . .. . . .. . . . of 2Qf,5,11,iCP.Q94P:t3ZVgt.1QI1. CQIPPAAYP. ,TAq a. . . .. .. .. . . . . .. . . . . . .. . . . . . . . the corporation described in and which executed the foregoing instrument; that . . . .he . . . . . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. :m(I that . . . , he. . . . . signed . . . . . . )4q. .. . name thereto by like order. MARIO POSILLICO . . . C"? , , , ,,, Notary Public,State of New York Notary Public No. 30-4878354 Qualified in Nossou County Commission Expires Nov.24, 19Q$ �FFO(K P cn S v- Y Southold, N.Y. 11971 (516) 765-1938 May 25 , 1988 Dave Emilita Szepatowski Associates,Inc. 23 Narragansett Avenue Jamestown, Rhode Island 02835 RE: August Acres SCTM #1000-53-4-44. 2 Dear Dave: Enclosed please find part 1 of the Long Environmental Assessment form for the above mentioned subdivision for yourreview. In reviewing the EAF; we noticed that the subdivision is located in the "B" zone according to the FIRM maps. The applicant has checked "no" in answer to question #4 . Ver ly yours, BENNETT ORLOWSKI,JR. CHAIRMAN Enc: jt I'dFoUr P ` - T D S Y Southold, N.Y. 11971 (516) 765-1938 05/24/88 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 RE: August Acres SCTM #1000-53-4-44. 2 Gentlemen: Enclosed please find a completed Long Environmental Assessment Form and a copy of the map of the major subdivision of August Acres located at Southold. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written omments on this project will be received at this office until �n ,l ��6t We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of Lead agency. v lrs t BENNETT ORLOWSKI,JR. CHAIRMAN Enc: cc: Department of Health Services it �FFO(K P Z T D S[ Y Southold, N.Y. 11971 (516) 765-1938 May 24, 1988 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: August Acres SCTM #1000-53-4-44. 2 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, May 23, 1988. RESOLVED that the Southold Town Planning Board declare itself Lead Agency under the state Environmental Quality Review Act. This parcel is on 43 . 062 acres located at Arshamomaque. If you have any questions, please do not hesitate to contact this office. Very ly our E 1 OWSY , CHAIRMAN enc: it gVFae P $ T D 9L 1 * Ix Southold, N.Y. 11971 (516) 765-1938 May 12, 1988 Henry Raynor 320 Love Lane Mattituck, NY 11952 RE: Proposed Major Subdivision of August Acres, Southold SCTM #1000-53-4-44. 2 Dear Mr. Raynor: Pursuant to your request, the above-named file was reviewed. The preliminary approval that was granted on June 24, 1974 is still in effect. The conditional final approval that was granted in June 23, 1975 expired one hundred and eighty (180) days from that date. In order to proceed with the final review of this proposed subdivision, the Planning Board needs the following items: 1. complete environmental assessment form ( long) . 2 . Fee to cover the Board' s administrative costs to reprocess the final application to be calculated at the rate of $500 plus $50 per acre, or portion thereof. 3 . Completed application form. If you have any questions, please do not hesitate to contact this office. Very tru�NNETTORLOW� y yours, BI,JR /ls CHAIRMAN it MAY 10 1988 P. O. Drawer A Jamesport, NY 11947 May 10, 1988 ,Southold Town Planning Board Main Road Southold, NY 11971 Dear Sirs: Please find enclosed the completed Long Environmental Assessment Form for August Acres major subdivision. As we understand this completes the file, we hereby request this major subdivision be placed on your May 23 , 1988 agenda for a final hearing. Sincerely, n I 1 enrly .";U004"i r. HR:ml Enc. cc: Posillico �- 46> /3 : ,` . .r ' TOiVN OF SOUTHOLD MAY i EAF ENVIRONMENTAL ASSESSMENT :-PART I Project Information NOTICE: This document +s deiiened to assist In determining whether the action proposed may have a significan effect on the envirc;mant. Please complete the entire Data Sheet. Answers to these questions will be con.sid: as part of the apPlication for approval and may be subject to further verification and public review. Provid:. any additional information you believe will be needed to complete PARTS 2 and 3. - It is e:oectea that ceroletion of the EA F involve new studies, res will be dependent on information currently available and will not inearch or investigation. If information requiring such additional work is unava i(sDle. so indicate and specify each instance. NAME OF PROJECT: NAME AND ADDRESS OF OWNER (If Diff•rentm August Acres POSi lice• Construction Co. , .Inc. 2nL �1tmW "Tennyson Avenue ADDRESS AND NAME OF APPLICANT.• Street; Westbury, NY 11590 emei TP-77 Scale Zlpy BUSIN:SS PHONE: ED3-0666 Greet •) Late t ip - DESCRIPTICH OF PROJECT: (Briefly describe type of Project or action) major subdivision (PLEASE COMPLETE EACH QUESTION - Indicate N.A. if not applicable) i A. SITE DESCRIPTION (Physical setting of overall project, both develoned and undeveloped areas) 1. General character of the land: Generally uniform slope X Generally uneven and rolling or irregular 2. Present land use: L'roan , Industrial Commercial x Agriculture _, Other __, Suburban _: Rural __ , Forest 3. Total acreage of project area: 7-3-acres. _ Aooroximate acreage. Presentl• After Completion Presently After Complet Meadow or Brushland 42 acres 42 acres Hater Surface Area acres ___ac Forested __acres __acres Unvegetated (rock, Agricultural --acres __acres —� __earth or fill) acres ac 4rtland (Freshwater or Roads, buildinns Tidal As ner Articles and other paved 'e, or r.C.L.) 1, acres 1 surfaces ac __ _acres —_acres _._ Other (indicate tyne) acres ac A. Ira! it `edOminAnt SOii thpe(s) on nro;ect site? tOIJSOil, loam, sanc� graveT — 5. i '-re ;ner< 1PdrOCK outcrcioinas On •+rnlrct sit., YrS x Mr t . w^a: Cron [c bedreck? 6. A;proxiriate percentage of proposed project site with slopes: 0-10- 100 .. 1n-15- I5: or greater __ •, ?. Is project contiguous to or or contain a building or site listed on the National Register of Historic Places? __Yes XN 8. What is the depth to the water table? +1 Ofeet 9. Do hunting or fishing opportunities presently exist in the project area? _Yes X No 10. Does project site contain any species of plant or animal life that is identified as threatened or endangered - _;Yes —,lo, according to - Identify each species 11. Are there any unique or unusual land forms on the project site?formations - __Yes -Plo. (Describe p J (i.e. c.iffs, dunes,—Other geological 12. Is the project site presently used by the community or neighborhood as an open space or recreation ) area - Yes X No. 13. Does the preynt site offer or include scenic views or vistas known to be important to the community? _Yes _No id. Streams within or contiguous to project area: a. Name of stream and name of river to which it is tributary 15. Lakes, Ponds, Yetland areas within or contiguous to project area: a. (lame . b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family residential. R-2) and the scale of development (e.g. 2 story). '1 B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor 43 acres. b. Project acreage developed: 43 acres initially; _ acres ultimately. C. Project acreage to remain undeveloped _ 0 d. Length of project, in miles: (if appropriate) e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age ; developed acreage f. Number of off-street parking spaces existing ; proposed _ per code g. Maximum vehicular trios generated per hour 18 (upon completion of project) h. If residential: Number and type of housinq units: :ne Family Two Family Multiple Family Condominium Initial 36 Ultimate 36 ' if: Orientation :'eigntornood-City-Regional Estimated EMD]oyment Cor ercial Industrial j. Total height of tallest nr000sed structure --feet. per code 2. Mow much natural material (i.e. rack• earth, etc.) will be removed from the site - 0 tans cubic yards. 0. Now many acres of vegetation (trees, shrubs, ground covers) will be removed from site - 0 acres. 4. Will any mature forest over100 years old) or other locally-important vegetation be removed by this project'. _Yes No S. Are therr. any plans for re-vegetation to replace that removed during construction? _Yes X No 6. If single phase project: Anticipated period of construction 18 months, (including demolition). 7. If multi-phased project: a. Total number of phases anticipated No. b. Anticipated date of commencement phase ' month year (including demolition) — c. Approximate completion date final phase month ._year. d. Is phase 1 financially dependent on subsequent phases? _Yes _No 8. Will blasting occur during construction? _Yes Ifio - 9. Number of jobs generated: during construction 1$ after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? _Yes X No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? X Yes 40. b. If yes, indicate type of waste (sewage, industrial, etc.) c. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or Other surface waterways be increased or decreased by pr000sal? _Yes XNO. X 14. Is project or any portion of project located in the 100 year flood plain? _Yes No 15. a. Does project involve disposal of solid waste? Yes X No b. If yes, will an existing solid waste disnosal facility be used? Yes Ho c. If yes, give name: location d. !fill any wastes not go into a sewage disposal system or into a sanitary landfill? _Yes __No 16. Will project use herbicides or pesticides? Yes X No 17. Will project routinely produce odors (more than one hour Der day)? - Yes X No 18. Will project produce operating noise exceeding the local ambience noise levels? _Yes X No 19. Will project result in an increase in energy use? X Yes 4o. If yes, indicate type(s) electricity 20. If water suo❑ly is from wells indicate aumoing capacity gals/minute. 21. Total anticinated water usage per day _ ___gals/day. 22. Zoning: a. What is dominant zoning classification of site? AR4 0 AR80 P. Curren: z❑ecific zoning classification of Site yes -. !s oro:osed use co-sisters: .,ith Present zoning' d. If no. indicate desired zorinq 26. Approvals: a. Is any Federal permit required? _Yes x No b. -Does project involve State or Federal funding or financing? __Yes _x No C. Local and Regional approvals: Approval Required Submittal Approval (Yes, No) (Type) (Date) (Date) City, Town, Pillage Board no City, Town, Village Planning Board y e'6 ..hd i vi .ion '-- — City, Town, Zoning Boarder ----— County Health Department Other y2 S M Other local agencies des ew Other regional agencies State Agencies Federal Agencies " C. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with the Proposal, please discuss such impacts and the measures which can be taken to mitigate or avoid t em. PREPARER'S SIGNATURE: TITLE: Agent REPRESENTING: osi ico ons ruc ion o. , C. DATE: May 10, 1988 -a. * 0 6 * SIDNEY B. BOWNE & SON Sidney B.Bowne,P.E.,L.S. �yry� Rolena Anders (1922-1959) d �O ! _ y, Frank Capobianco Cheater W. Me Roger L.Cocchl , P.E.,L.S. Alexandrea Wrcil,P.E. 45 Manor Road Francis J.Lynch Robert A.Stanton,o Me P.E. Smithtown, N.Y. 11787 Philip Schlptzheuer Robert W. Brown,L.S. Joseph F.Stegman Zabdiel A.Blackman, P.E., L.S. (516) 724-061 1 Paul F.Stevens William T.Styne George A.Style, P.E. Richard S.Weber Jerry D.Almont, P.E. George L. Fagan,Jr., Ph.D., P.E. Thomas R.Pynchon, L.S. April 27, 1988 Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board 53095 Main Road Southold, N. Y. 11971 Re: Site Inspection, August Acres, Major Subdivision Posillico, Greenport, Town of Southold, N. Y. (SBB 87110) S. C. T.M. : 1000-53-4-44. 2 Dear Sir: An inspection was conducted on April 26, 1988 to try and ascertain the drainage connections at the northwest corner of the subdivision. We were unable to observe anything within the existing structures due to debris and water. We conclude that until the drainage system is cleaned (see SBB letter November 5, 1987 - List of Items for Completion/Correction), it is fruitless to attempt to resolve this matter. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINNEEER/R�S ROBERT A. STAN N, P. E. CSH:dmd cc: R. Jacobs R. Dean MINEOLA • SMITHTOWN at NEW YORK CITY is CLEARWATER An Equal Opportunity Employer M/FAt P. O. Drawer A Jamesport, NY 11947 April 22, 1988 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, NY 11971 Dear Mr. Orlowski : Pursuant to a meeting with Melissa Spiro, there appears to be some confusion with regard to the final hearing due August Acres major subdivision. Having read the memo from the Town Attorney, I see no restriction to a final hearing being held on this subdivision at this time. Please note we are "at risk" for Health Department approval as we are only allowed a six month period of time to complete this application. I would, therefore, request a final hearing as rapidly as possible. Very truly yours, Aymy n , Jr 6H:m�osillico GC:P1'j SOUTHOLD 95 PLANNING LARD nrr. - 5� � 1 P. O. Drawer A Jamesport, NY 11947 December 2, 1988 Ms. Valerie Scopaz, Town Planner Southold Town Planning Board Main Road Southold, NY 11971 Dear Ms. Scopaz : Pursuant to my conversation with Melissa Spiro, I wish to present for the applicant the following information pertaining to Section II August Acres : 1 ) The proposed Section II shown on the subdivision map is now held in a totally different set of partners than Section I. 2) There are not existing plans to develop this parcel of property. I think this clears up any questions with regard to this application. As we have proceeded exactly as requested by the Planning Board and have tried to fully cooperate with the Planning Board, I would trust a negative declaration would be forthcoming and a final hearing advertised immediately. If you have any questions, please don' t hesitate to contact me. Sincerely, Henry E�Rayr4or, fJr. HER:ml CC: Posillico AP 14 fee P. O. Drawer A Jamesport, NY 11947 April 12, 1988 Ms. Valerie Scopaz Southold Town Planner Main Road Southold, NY 11971 Dear Ms. Scopaz: Pursuant to our discussions of last week, I was very distressed to find August Acres not on the Planning Board agenda of last evening, April 11, 1988. You had indicated the Board wouldideclare themselves Lead Agency under the State Environmental Quality Review Act on this April 11 agenda and a resolution for public hearing for the final approval on this property would be scheduled for the next meeting . Please advise. Sincerely, enry ayn V, Jr. HER:ml cc : Posillico Su�Fit.�' wt5 POSMUCO CvNSTRUCTION COMPANY, INC. P� EXCAVATING AND ROAD BUILDING TR 316-IDGEWOOD 3.06" 31 MP"t=,ON AVENUE WFSTBUAY, N. Y. 31390 January 31, 1990 Town of Southold Planning Board P .O. Box 1179 Southold, New York 11971 Attention: Mr . Bennett Orlowski, Jr . Re : August Acres Development, Southold, N. Y. SCTM #1000-53-4-44. 2 Dear Mr . Orlowski : In response to the Town Planning Board action taken on December 18, 1989, we hereby offer for dedication to the Town of Southold the roads and drainage areas as indicated on the subject map. Our attorneys handling the subdivision, Wickham, Wickham, and Bressler, have been notified to prepare any deeds which are required by the Town attorney for the transfer of title. Thank-you for your continued consideration in this matter . Very truly yours, � James A. Posillico Secretary, Posillico Construction Co. , Inc . JAP/mp cc: Karen Hagen-Wickham, Wickham, and Bressler Mr. Henry Raynor PL-Am- w TO: File FROM: Melissa Spiro RE: August Acres - SCTM# 53-4-44. 2 DATE: March 28, 1988 This site was inspected by Victor Lessard and Melissa Spiro on Monday, March 28, 1988 following a 2 inch rainfall that occurred on Saturday, March 26. Both drains by the recharge basin at the south side of the parcel were flooded, as was the intersection to the north of the recharge basin (see map on bottom and pictures) . The recharge basin was flooded to capacity and at the same elevation as the standing water by the drains and the intersection. There was no flooding at the entrance to the subdivision off Kerwin Boulevard, however the recharge basin was discharging across the street into the wetlands. The above problems were brought to Ray Dean' s attention and a field inspection was conducted. a'4-,+ ,'� iY a 1.`yt • t � " t .y,. a 1��`j4. .� .. � '4 I* a.��> t/•'rAWu!I► :1..NJY , Tr SbQ[tDMt • y���ryar?..4 ti�2{>'f91 fit? �1S t `'�' '�+., : , ' t !- � vY � r -. A' 4ksiti.ti�! /'. • i- %tw.rw aswstr.-.�wn � 9 �' ` 37CY:vN save er a� ft a- .a....... { __..11 _. ,VVUJ-1-G,3. LEGAL NOTICE The propertyis >7 ordcrcd on the 1 1 Notice of North by Fishers Island Sound; on I I Public Hearing the East by land now or formerly i NOTICE IS HEREBY GIVEN that of Harold L. Williamson, Jr.; on pursuant to Section 276 of the the South-py g private road; on the r Town Law, public hen ' s w}11"be West by 1*,now or formerly of STATE OF NEW YORK ? NB held by the South t n David S.and Helen S.Henkel. Planning Board, at the Town all, 8A0 ,Approval of the I S$' Main Road,Southold, .Yedt in maps r set-off of Thornton COUNTY OF SUFFOLK I said Town on the lhh dsy of April, E. Smt )pc}ted at Matutuck, in th 1988 on the question of the e TowCof Southold, County of following: Suffolk and State of New York. Lla—,QA�t(2i1tc) - -- --- of Greenport. it, L3f1 p.m. Approyal of the Torsi area is 80.6146 acres. final maps for ,the Mai o r Suff* County Tax Map No. said County, being duly sworn, says that hey she is Subdivision of Ausuist Acres to00-j21-t-1, p/o 19.9. Principal Clerk of THE SUFFOLK TIMES, a Weekly located at Arshamomque, inthe Town of Southold, County of The property is bordered on the Newspaper, published at Greenport, in the Town Suffolk and State of New York. North by.land now or formerly of This proposal is to subdivide H. Checkla and D. Schlman, land Of Southold, County of Suffolk and State Of New 43.062 acres. Suffolk County Tax now or formerly of Elizabeth York, and that the Notice of which the annexed is Map No. 1000-53-4-44.2_ Okula, Maryann Han and others, a printed c0 has been regularly published in The property is bordered on the land now or formerly of Catherine p copy, g y North by land now or formerly of Simicich; on the East by land now said Newspaper once each week for J. Posillico, Kerwin Blvd., or formerly of John Simicich, by Bayshore Road, land now or land now or formerly of Fred P. weeks successively, commencing on the formerly of Ruthkowski, land now lens, by land now or formerly of day Of_Ma 1__. _ — _._ 19 88 or formerly of Peconic Bay Es- Louis and Maureen Buonaguro; on rates, Wells lane; on the East by the South by Sound Avenue, by land now or formerly of Peconic land now or formerly of James T. Bay Estates, land now or formerly and April L. Connolly, b land of La orta, land now or formerly p y� y now or formerly of Guy and Ruth of Kalbacker, Right-of-way of P, Sobering, Sound Avenue, by Principal Clerk Pekunka; on the South by land land now or formerly of David R. now or formerly of Adam Pekunka, and Jane Starwood; on the West by by land now or formerly of Sage Bergen Avenue. ��n Estate; on the West by land now Any person desiring to he heard Sworn to'}�'�re meii this or formerly of Sage Estate. on the above matter should appear day Of_-.l �lf-f. __ 19.0 1 7:45 p.m. Approval of maps at the time and place specified for the lot-line change of George Dated: March 29, 1988 /// H. Waterman III located at Fishers BY ORDER OF THE ' ,/ j�j ,y,t, sari m t e Town oC Southold, SOUTI]OLDTOWN / � a� /ill 1/1"(f PLANNING BOARD, BENNETF ORLOWSKI,JR. CHAIRMAN 5987-1TM31 Chairman VORK 1 No.bordered on th 2. The by lantdy Sg97-1TA7 1 SS: gal Notices is bordered on the North by ae now or formerly of Ruthkeconi, COUNTY OF SUFFOLK land now or formerly of Peconic LEGAL NOTICE Bay Esates and WellorLan 011 fOrmedY 'veq�bac-Fhe !bD�I"� Christina ContentQ._ _. of Greenport Fa, Notfce is hereby V I;aport.,W m w or fors if notice of a public An'f°E'hI fb` d said County, being duly sworn, says that heishe is Southold Town pUmriog Hoard m Pdti �pelostakna, Principal Clerk of THE SUFFOLK TIMES, a Weekly April 11, 19g8 or - :ly of Sage division o,� - by, thcWest by land now Newspaper, published at Greenport, in the Town Arch E°O ' $fSage Estates. of Southold, County of Suffolk and State of New Scnsdiold,; unty Suffdlr and or fdrnretty Ey order of the York, and that the Notice of which the annexed is error.of New lie h ari issued h� Southold Town ertor. The public hearing Planning Board a printed copy, has been regularly published in subdivision is hereby cancelled. Bennett Orlowskt, " 1 This proposal is to subdivide said Newspaper once each week for 43.062 acres. Suffolk County Tax 7 weeks successively, commencing on the __. day of --AP ri 1 __ _ 19 88 I IG IZt�I► Ur L^5, I ` Principal Clerk Sworn t @fore me phis yo- d �� ay of �..� RD COUNT Y OI �,UFFOLK ss Si A [ E OF NEW YORK LEGAL NOTICE Notice is hereby given that the notice of a public hearing by the "at flood, being duly sworn, says that she is the Southold Town Planning Board EJ itoi, of Tr-IF LONG ISLAND TRAVELER-WATCHMAN, on April 11, 1988 for the major ,i huhlic nev+spaper printed it Southold, in Suffolk County subdivision of August Acres located at Arshamomque,in the aa,l that the notice of which the annexed is a printed copy, '[own of Southold, County of h.,, been punlished in said Long Island I raveler-WALhman Suffolk and State of New York oll,,a, %s t,r, or weeks . . . . . was issued in error. The public hearing for this subdivision is hereby cancelled. v, ,I'Cl, 1mmeneingunthe . . . . . . . . . . . . . . . . This proposal is to subdivide 43.062 acres. Suffolk County Tax No. 1000-53-4-44.2. The ut _ .�. . . . . . . . . . ., property is bordered on the North by land now or formerly of Ruthkowski, land now or formerly of Peconic Bay Estates and Wells lane; on the East by land now or formerly of LaPor- ta, land now or formerly of Kalbacker;.and Right-of-Wayof �om to I'elote me this . . . . . . . . . . . . . . . . . . . . . :iay of Pekunka;on the South by land - now or formerly of Adam r , 19 Pekunka, by land now or - " " formerly of Sage Estate;on the West by land now or formerly of Sage Estate. BY ORDER OF THE SOUTHOLD TOWN . . . . . . . . . . . . . . . . . . . . .': . : . : . . . . . . _ . . . . PLANNING BOARD Notary PubIlL BENNETT ORLOWSKI, JR. CHAIRMAN t t_� SOUTHSOUTH PIAIINIHt� B�I LEGAL 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 25th of April, 1988 on the question of the following: 7: 45pm Approval of the maps of Bob Melrose located at Arshamomaque, in the Town of Southold, County of Suffolk, and State of New York. Suffolk County Tax map No. 1000-52-5-58. The property is bordered on the north by Albertson' s Lane; on the East by Main Road; on the West by Land now or formerly of Cassidy, and by a Long Island Lighting company easment. Any person disiring to be heard on the above matter should appear at the time and place specified. Dated: April 12, 1988 By Order of the Southold Town Planning Board Bennett Orlowski, Jr. Chairman PLEASE PUBLISH ONE TIME AND FORWARD ( 1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NY 11971 . COPIES TO: Suffolk Times Mattituck Traveler-Watchman kSCE' �c r-r-� L 'U(`/� ' LEGAL 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 25th of April, 1988 on the question of the following: 7 : 45pm Approval of the maps of Bob Melrose located at Arshamomaque, in the Town of Southold, County of Suffolk, and State of New York. Suffolk County Tax map No. 1000-52-5-58. The property is bordered on the north by Albertson' s Lane; on the East by Main Road; on the West by Land now or formerly of Cassidy, and by a Long Island Lighting company easment. Any person disiring to be heard on the above matter should appear at the time and place specified. Dated: April 12, 1988 By Order of the Southold Town Planning Board Bennett Orlowski, Jr. Chairman PLEASE PUBLISH ONE TIME AND FORWARD (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD MAIN ROAD SOUTHOLD, NY 11971 . COPIES TO: Suffolk Times Mattituck Traveler-Watchman LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIV- COUNTY OF SUFFOLK EN that pursuant to Section276 STATE OF NEW YORK ss: of the Town Law, public hear- ings will be held by the Southold Town Planning Board, at the Town Hatt, Main Road, Patricia Wood being duly sworn says that she is the Southold, New York, in said g Y , Y lbwnon the IIth day ofApril, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, 1988 on the question of the a public newspaper printed at Southold, in Suffolk County; following: and that the notice of which the annexed is a printed 7:30 p.m. Approval of the P copy, final maps for the Major Sub- has been published in said Long Island Traveler-Watchman division of August Acres located once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks at Arshamomque, in the Town of Southold,County of Suffolk and State of New York. This successively, commencing on the . . . . . . . . . . . . . . . . . . . proposal is to subdivide 43.062 acres.Suffolk County Tax Map No. 1000-534-44.2. d . . . ti'. . . . . . . ., 19 �. . The property is bordered on the, North by land now or formerly of J.Posillico,.Kerwin . . . . . . . . . . . . . . Blvd.,Bayshore Road,land now or formerly of Ruthkowski,land _ now or formerly of Peconic Bay Estates,Wells Lane;on the East by land now or formerly of Sworn to before me this . . . . . . . . .31. . . . . . . . . day of Peconic Bay Estates, land now or formerly of LaPorta, land . . . . . now or formerly of Kalbacker, ' ' ' ' ' ' • •A. • • 19 �� Right-of-way.of Pekunka; on the South by land now or formerly of Adam Pekunka,by land now or formerly of Sage Estate;on the West by land now . . . . . . . . . . . . . . . . . . ,,,� �(,�. . . . . . . . o74 p.m. Ap of proval Estate. Notary Public p. pproval'of maps for the lot-fine change of George H. Waterman Ill located at L-;,RBAIRA F02t3ES Fishers Island in the-Tow,P or 1- ry -'ub"i , State of New York ""of'""$'"uffo No. 92-w8-16 Southold;• County fk Cuahi icd ' S and State of New York.Suffolk x Suffolk County Cerr County Tax 'Map No. rmissicn Expires j/ lfi �J' 1000-3-1-2,3. / The property is bordered on the North by Fishers Island Sound;on the.East by land now or formerly of Harold L. Williamson,Jr.;on the South by a private road; on the West by land now or formerly of David S. and Helen S. Henkel. 8:00 p.m. Approval of the - maps for the set-off of Thorn- Q ton E. Smith located at Mat- tituck,in the Town of Southold, D County of Suffolk and State of j New York."total area is 90.6146 acres.Suffolk County Pax Map No. 1000-121-1-1, p/o 12.9. The property is bordered on the North by land now or pp i formerly of H. Checkla and D. ° Schlman,land now or formerly of Elizabeth Okula, Maryann Hart and others, land now or formerly of Catherine Simicich; on the East by land now or formerly of John Simicich by land now or formerly of Fred P. Jens, by land now or formerly of Louis and Maureen Buonaguro; on the South by Sound Avenue, by land now or formerly of James T.and April �"-- L. Connolly, by land now or formerly of Guy and Ruth P. Sobering, Sound Avenue, by land now or formerly of David R. and Jane Starwood. on the West by Bergen Avenue Any Person desiring to be heard on the above matter should appear at the time and Place sp ecified. pecified. Dated: March 29, 1988 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR. CHAIRMAN IT-3/31/88(39) LEGAL NOTICE Notice is hereby given that the notice of a public hearing by the Southold Town Planning Board on April 11 , 1988 for the major subdivision of August Acres located at -Arshamomque, in the Town of Southold, County of Suffolk and State of New York was issued in error. The public hearing for this subdivision is hereby cancelled. This proposal is to subdivide 43. 062 acres. Suffolk County Tax No. 1000-53-4-44 . 2. The property is bordered on the North by land now or formerly of Ruthkowski, land now or formerly of Peconic Bay Estates and Wells Lane; on the East by land now or formerly of LaPorta, land now or formerly of Kalbacker; and Right-of-Way of Pekunka; on the South by land now or formerly of Adam Pekunka, by land now or formerly of Sage Estate; on the West by land now or formerly of Sage Estates. By order of the Southold Town Planning Board Bennett Orlowski,Jr. Chairman Please publish one time on April 7 , 1988 and forward one (1) affidavit of publication to the Southold Town Planning Board Main Road, Southold, NY 11971 Copies to: The Suffolk Times Mattituck Traveler-Watchman e- ti Notice is hereby give-that the notice of a public hearing by the Southold Town Planning Board on April 11 , 1988 for the major subdivision of August Acres located at .Arshamomque, in the Town of Southold, County of Suffolk and State of New York was issued in error. The public hearing for this subdivision is hereby cancelled. This proposal is to subdivide 43. 062 acres. Suffolk County Tax No. 1000-53-4-44. 2. The property- is bordered on the North by land now or formerly of Ruthkowski, land now or formerly of Peconic Bay Estates and Wells Lane; on the East by land now or formerly of LaPorta, land now or formerly of Kalbacker; and Right-of-Way of Pekunka; on the South by land now or formerly of Adam Pekunka, by land now or formerly of Sage Estate; on the West by land now or formerly of Sage Estates. By order of the Southold Town Planning Board Bennett Orlowski ,Jr. Chairman Please publish one time on April 7 , 1988 and forward one (1) affidavit of publication to the Southold Town Planning Board Main Road, Southold, NY 11971 Copies to: The Suffolk Times Mattituck Traveler-Watchman 'I LEGAL NOTICE 40 Notice is hereby given that the notice of a public hearing by the Southold Town Planning Board on April 11 , 1988 for the major subdivision of August Acres located at Arshamomque, in the Town of Southold, County of Suffolk and State of New York was issued in error. The public hearing for this subdivision is hereby cancelled. This proposal is to subdivide 43. 062 acres. Suffolk County Tax No. 1000-53-4-44 . 2 . The property is bordered on the North by land now or formerly of Ruthkowski , land now or formerly of Peconic Bay Estates and Wells Lane; on the East by land now or formerly of LaPorta, land now or formerly of Kalbacker; and Right-of-Way of P kunka; on the South by land now or formerly of Adam Pekunka, by land now or formerly of Sage Estate; on the West by land now or formerly of Sage Estates. By order of the Southold Town Planning Board Bennett Orlowski ,Jr. Chairman Please publish one time on April 7 , 1988 and forward one (1) affidavit of publication to the Southold Town Planning Board Main Road, Southold, NY 11971 Copies to: The Suffolk Times Mattituck Traveler-Watchman SIDN Y B. BOWNE & SON Sidney B.Bowne,P.E,LS. l0 /'^ry la Roland Anders (1922-1959) ToonduUt/t�. n$uaaPrd Roger L Cocchi Francis J.Lynch Chester C Kelsey. P.E.,L.S. 45 Manor Road Philip Schlotzhauer Alexandre W.Mercil, P.E.Robert A.Stanton,P.E. Smithtown, N.Y. 11787 Joseph F.stegman Robert W. Brown, L.S. Paul F.Stevens (516) 7'24•0611 William T.Sryne Zabtliel A. Blackman, P.E., L.S. Richard B.Weber George A.Style,P.E. Jerry D.Almont,P.E. George L.Fagan,Jr.,Ph.D., P.E. Frank Capobianco,C E. Thomas R. Pynchon,L.S February 5, 1988 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 ke: August Acres, Major Subdivision, Posillico, Greenport, Town of Southold, New York (SBB NO. 87110) Gentlemen: We were informed on 2/4/88 by Valerie Scopaz of the Southold Planning Board, that a final inspection of this subdivision has been scheduled for 2/10/88 at the request of Posillico Construction Co., Inca On February 4, 1988, Mr. Raymond Dean, and Mr. C.S. Heffernan, both of this office, field checked this project against the list of completions/corrections forwarded to your office on 11/5/87 and we find that the only item that has been addressed on this list is Item 1, Surfacing. The soft areas have been stablized and the excess stone swept and removed. Everything else is as it was at the time of our inspection of 11/5/87. We feel that a final inspection is not warranted at this time since the developer, Posillico Construction Co., Inc. has not made any effort to resolve the items listed for completion/correction on our original submission. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS 04:a,m Z�L' '/ 4&"�� 0 NELIUS S. HE ERNA CSH:clg cc: Ray Jacobs, Supt./Hwys. RECEIVED BY Ray Dean Ruh IoViij Fftt,ritli � E0113 MINEOLA isSMITHTOWN is NEW YORK CITY isCLEARWATER t�D kJ � An Equal Opportunity Employer MIFM DATE LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the .l.lth day of April, 1988 on the question of the following: 7: 30p.m. Approval of the final maps for the Major Subdivision of Aor..*;itlocated at Arshamomque, in the Town of Southold, County of Suffolk and State of New York. This proposal is to subdivide 43 . 062 acres. Suffolk County Tax Map No. 1000-53-4-44. 2. The property is bordered on the North by land now or formerly of J. Posillico, Kerwin Blvd. , Bayshore Road, land now or formerly of Ruthkowski, land now or formerly of Peconic Bay Estates, Wells Lane; on the East by land now or formerly of Peconic Bay Estates , land now or formerly of LaPorta, land now or formerly of Kalbacker, Right-of-way of Pekunka; on the South by land now or formerly of Adam Pekunka, by land now or formerly of Sage Estate; on the West by land now or formerly of Sage Estate. 7 : 45p.m. Approval of maps for the lot-line change of George H. Waterman III located at Fishers Island, in the Town of Southold, County of Suffolk and State of New York. Suffolk County Tax Map No. 1000-3-1-2 , 3. The property is bordered on the North by Fishers Island Sound; on the East by land now or formerly of Harold L. Williamson, Jr. ; on the South by a private road; on the West by land now or formerly of David S. and Helen S. Henkel. 8 : OOp.m. Approval of the maps for the set-off of Thornton E. Smith located at Mattituck, in the Town of Southold, County of Suffolk and State of New'.Zork. Total area is 80 . 6146 acres. Suffolk County Tax Map No. 1000-121-1-1 ,p/o 19. 9 . PUBLIC HEARINGS - PAGE 2 The property is bordered on the North by land now or formerly of H. Checkla and D. Schlman, land now or formerly of Elizabeth Okula, Maryann Hart and others, land now or formerly of Catherine Simicich; on the East by land now or formerly of John Simicich, by land now or formerly of Fred P. Jens , by land now or formerly - - - - -- of Louis and Maureen Buonaguro; on. the _South by Sound Avenue , , by land now or formerly of James T. and April L. Connolly, by land now or formerly of Guy and Ruth P. Sobering, Sound Avenue, by land now or formerly of David R. and Jane Starwood; on the West by Bergen Avenue. Any person desiring to be heard on the above matter should appear at the time and place specified. Dated: March 29 , 1988 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, BENNETT ORLOWSKI , JR. CHAIRMAN PLEASE PUBLISH ONE TIME ON MARCH 31 , 1988 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NY 11971 . Copies to: The Suffolk Times Mattituck Traveler-Watchman New London Day +S �FFOCI( P TO D S[r� Y Southold, N.Y. 11971 (516) 765-1938 March 24, 1988 Henry E. Raynor P.O Drawer A Jamesport, NY 11947 RE: August Acres SCTM 1000-53-4-44.2 Dear Mr. Raynor: The following action was taken by the Southold Town Planning Board on Monday, March 21, 1988. RESOLVED that the Southold Town Planning Board set Monday, April 11, at 7: 30 p.m. for a Public Hearing on the final approval for this major subdivision. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI,JR. � CHAIRMAN it BY HAND P. O. Drawer A Jamesport,, NY 11947 March 1, 1988 Southold Town Planning Board Main Road Southold, NY 11971 Dear Sirs: Please find enclosed the final maps for August Acres, Section I, major subdivision at Southold, New York. We would appreciate your Board placing this on its next available agenda for a final public hearing. Should any further information be needed, please don ' t hesitate to contact me at the above address or at 298-8420. Sincerely, Henry �ynor P.I HER:ml Encs. CC : Posillico P Z � S Southold, N.Y. 11971 (516) 765-1938 February 17, 1988 F. James Posillico Posillico Construction Co. ,Inc. 31 Tennyson Avenue Westbury, NY 11590 RE: August Acres subdivision Dear Mr. Posillico: The following action was taken by the Southold Town Planning Board, Monday, February 8,1988. RESOLVED that the Southold Town Planning Board accept the field inspection reports on August Acres. SCTM #1000-53-4-44.2 Copy of same are enclosed for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, 6 vpy,16 0 ,jkc BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD jt POSUJ ICO CONSTRUCTION COMPANY, INC_. EXCAVATING AND ROAD BUILDING 316•EDGEWOpD 3.0666 WEMUAY, N.Y. 11390 February 5, 1988 Town of Southold Planning Board 53095 Main Road Southold, New York 11971 Attention: Valerie Re : August Acres Subdivision Dear Valerie : As per a phone conversation today with Jane Russo of your office, I am requesting written approval from the Town of Southold for all roadway paving for the above referenced subdivision . The paving contractor, Paul Corazzini and Sons, has informed us that they have completed all work requested by the Town engineer , Sidney Bowne , in their letter of November 5, 1987. We will need this wriiten approval from the Town prior to releasing final payment to the contractor . It is understood that this written approval wwill not release us from completing the remaining work itemized in the Town engineer' s letter. It is anticipated that we will complete those items in the early spring at which time will contact you for a final inspection of the development . Thank-you for your consideration in this matter . Sincerely, �4�e_ 6214e� James A. Posillico Secretary JAP/pm RECEIVED BY �0o10��N n nnP; �FtB - � 1988 DATE W SIDI B. BOWNE & SON Sidney B.Bowne,P.E.,L.S. Roland Anders (1922-1959) Frank Capobiancu Roger L Cocchi Chester C Kelsey, P.E.,L.S. 45 Manes Road Francis J.Lynch Alexandre W.Mercil,P.E. y ch Robert A.Stanton, P.E. Smithtown, N.Y. 11787 Philip Schlotthauer Robert W. Brown,L.S. 516) 724-061 1 Joseph F.Stegman Zabdiel A. Blackman, P.E., L.S. Paul F.Stevens William T.Styne George A.Style, P.E. Richard B.Weber Jerry D.Almont, P.E. George L. Fagan,Jr., Ph.D., P.E. Thomas R. Pynchon,L.S. November 5, 1987 Mr. Bennett Orlowski, Jr. , Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: August Acres, Major Subdivision, Posillico, Greenport, Town of Southold, New York (SBB NO. 87110) S. C. T.M. : 1000-53-4-44. 2 Gentlemen: Mr. V. Lessard, Building Inspector of Southold, informed us of serious drainage problems on this subdivision and asked us to investigate. Mr. Ray Dean and Mr. C. S. Heffernan of this office visited the site and our observations are as follows: 1. The ponding of water in the roadway at the intersection of Pleasant Place and August Lane, as well as the ponding in the vicinity of the recharge basin at Pleasant Place and Kerwin Blvd. , is a result of the abnormal heavy rainfall which filled the recharge basin and was not diffused into the aquifer. The water laying in the roadway reflects the same general elevation of the water in the recharge basin, 2. The culvert at the northwest corner of the subdivision, Kerwin Blvd. had water draining through it to a trench on the northeast side of Kerwin. Mr. Lessard felt that the contractor, Posillico Construction Co. , Inc. had installed pipe and utilized this culvert as an overflow from the recharge basin at the intersection of Kerwin and Bayshore Road. Although visual observation within the structure was impossible due to the structures being filled with water, two 1211+ corrugated pipes were found to the north of the recharge basin with a general direction toward the drain basin at the culvert location. We will schedule a more exacting inspection when conditions are more favorable to resolve thiA44J!2 ti — -s,ERV & SONINFFCSH:clg xc: R. Jacobs R. Dean MINEOLA • SMITHTOWN as NEW YORK CITY • CLEARWATER An Equal Opportunity Employer WFM TO: �� Q hq\ FROM: ADDRESS : DATE: SUBJECT: Haws+- AC✓es 53 N - 'iY 2 COMMENTS:. EJ✓ Q gJgB p Yr p r �w�, o (�� ��g �Q ti, �_�-1� VAl'(Ad ! w. Ann 14—�j�✓IK`k1 R. Y Signature c��FFOGr� - P � D T LD S Y Southold, N.Y. 11971 (516) 765-1938 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town .of Southold, the Southold Town Planning Board hereby refers the following: Application of (Major subdivision, minor subdivision, site plan) Major subdivision August Acres • Hamlet Greenport, NY MATERIAL SUBMITTED: File # Suffolk County Tax Map No. 1000-54-44 2 Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other Please inspect the road construction in this subdivision Comments: - - Very truly yours, BENNETT ORLOWSKI, JR. ,CHAIRMAN • _ SOUTHOLD. TOWN PLANNING BOARD ��I�fux� �e�ttx#men# �afan of�autlfalD �ecauic, ?�. �. 11958 RAYMOND C. DEAN Tel. 765.3140 Superintendent 734-5211 April 16, 1974 The Planning Board Town of Southold Southold, New York 11971 Gentlemen: I have studied the profile and plans of August Acres at Arshamomogue and concur with the recommendations and comments of April 14, 1974 of Lawrence M. Tuthill, P.E. Ver truly yours, RCD/esg RAYMOND C. DEAN enc. Sup't of Highways RECEDE g �` � ? L7pLD r • 0 • LAWRENCE M. TUTHILL PROFC*o$ONAL nNRINEER INLET NINE C". OREENPORT.N.Y. YRi[N�On�-t sa a April 14, 1974 Mr. Htynad C. Dean Superintendent of Highways, Southold Tom Passaic Lone lbcosic, X.Z. Not Subdivision- August Acres Dear Mr. Doane I have again reviewed the picas and profile of the Subdivision entitled o August Acres at ArshaRasaque revised 3/28/7h and nabs the following recommendations and coomeds- 1. That the grades be raised to following the Wdsting g. as feasible to eliminate the reads from becoming drainage channels, 2. hhat the 1.8e A drainage pipe an Pleasant Place appears to be insufficient in sire as presently shown. 3. Consideration should be given to the possibility of a drainap easement ale" lots 34 and 36 on the east side for an 180 IF and a low point at the deflection at Station 17A50 an August Had. This would allow the read to be raised -stations; 14A00 and 17400 and give better sight visibility afh the iaterseation 'of Pleasant Mace and August Laze. Consideration should &Le be given to a connecting read to either the Sage Estate Property or the Pekanka Property between the Sap Spur and the deflection of August Lane at Station 17AS0. Atspectifully submitted, March 18, 1974 Mr. George Wetmore P. 0. Box 627 Greenport, New York 11944 Res August Acres subdivision Dear Mr. Wetmore: Enclosed find recommendations of Lawrence M. Tuthill in letter dated February 24, 1974 and recommendations of Superintendent of Highways Raymond C. Dean in letter dated Match 8, 1974. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Enclosures 2 • pighfunu 'Departmezlt• 90bm of'1560ut4vlb Prank, N. V. 11958 RAYMOND C. DEAN Tel. 765.3140 Superintendent 734.5211 March 8, 1974 The Planning Board Town of Southold Southold, New York 11971 Re: August Acres Arshammoque, New York Gentlemen: I have inspected the plans and profile of August Acres and recommend the following recommendations: 1. Boring tests be made in the sump west of Lot # 1 for any leaching. 2. A 50' right-of-way between Lots #14 and 15 for the town. 3. The Park and Playground area must specify for drainage use. ,Ye truly yours, RCD/esg RAYMOND C. DEAN Sup't of Highway Ra'^ •- 4 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . . .�v4Us/ . . . . . .. .. .. . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . . . .71 47. . . . . . . . . . . . Page 579. . r� . . .. . On4�/Y Liber . . . . . . . .. .. .. . . .. . . . . . . . Page . . . .. . . . . . . .. .. . . . . . . . On . . . . . . . . . . . . . . . . . . . . . . . ; Liber . . . . . . . . . . . . . ... . .. . . .. . Page . . . .. . . . . .. .. . . . . . . . . . On . . . . . . . .. .. . . . . . . . . . . . . ; Liber . .. . . . . . . . . .. . . . . . . . . .. . Page . . . .. . . . . . . . . . . . . .. . . . On . .. . . . . . . .. .. . . . . . . . . . . ; Liber . . . . . . . . . . . .. ........... Page . .. . . . . . . .. . . . . . . . . .. . On . . . .. .. . . . . . . .. . . . . . . . . ; r e as an nt of . .. . . . . . . . . .. .. .. . . .. .. . . . . . . . . .. . . . . . . oras distributee . .. . . .. . . . . ...... .. .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. .. .. . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . ....... ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 5. The area of the land is . . . . . .'. . . .. . acres. 6. All taxes which are liens on the land at the date hereof have been paid except . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. 7. The land is encumbered by . . . . . . . . . . . .. .. . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . .. .. . . . . . . mortgage X as follows: (a) Morttg/age recorded in Liber . .. . . . . . . . . . . . Page . . . . . . . .. . . . . .r. . in original amount of $• •77%. s`�.unpaid amount $ ./.7/. r -Q. . . . . held byr.�E� d JT�sWtr� address /�!fGlr �c r �rS�. /20 /4.ic•. . . . . . . . . . .. . . . . .I/vME2++c�YJ . . . . . . . . . . . . . . . . . . . . (b) Mortgage recorded in Liber . .. . . . . . . Page . . . . . . . . . . . . . . . . .. . . . . . in original amount of . . . . . . . . . . . . . . unpaid amount $. . . . . . . . . . . . . . . . . . . . . . held by . . . . . . . . . . . . . . . . . . . . . . . .. . . .. .. . . . . . address . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . (c) Mortgage recorded in Liber . . . .. . . . . . . . . . Page . . . . . . . . . . . .. . . . in original amount of . . . . . . . . . . . . . . unpaid amount $. . . . . . . . . . . . . . . . . . . . . . held by . . . . . . . . . . . . . .. . . . . . . . . .. .. .. . . .. . . . . . . . . . . . address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. There are no other encumbrances or liens against the land except . . . .. . . . . . . .. .. . . . . . . ... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .''. . . . . . . . . . . .. .. . . . . . . . . . ... . .. . . 9. The land lies in the following zoning use districts . .. /`. . . ! ;�5.. . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. .. . .. . . . . . . . . . . . . i.0. No part of theland lies under water whether tide water, stream, pond water or otherwise, ex- cept . •• • �'��. . . !47- 1-.r..10 . . Ccr2Nr/4Z . . . . . . . . . . . . . . . . . I . . . . . . . . .. .. . . . . . . . . . .. . . . . . . It. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis• trict, if within a District, is . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . 13. Water mains will be laid by . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .. . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . .. . . . . .. • and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . . . . . . . . . .. .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $. . . . . .. .. . as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .. . . . . . . . . . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F".S O /'i �o/ �. U /G L /f �p N, c, DATE . . . . . . . .. . Yl. . . .. . . . . . . . . .. 19�5� (Name. .of Applic. . . . . . . . ant. . .). . . . .. .. . . . . . .. . .. . / .� (Si ! . . . . . .. . . .�—.... .. . . .. .. . . . .. .. . . . . . . . . . .... .. . (Address) STATE. OF NEW YORK, COUNTY OF . . . . . . . . . . . .. .. . . . . . . .. . . . . . . . . .. ss: On the . . . . . . . . . . . . . . . . . . day of. . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 19. . . . . .I before me personally came . . . .. .. . . .. •. . . .. I . . . . . .. .. . . .. . . . . . . . . I . . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . . . . . .. .. . . . executed the same. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . Notary Public STATE OF NEW YORK, COUNTY OF . . . sS 4cJ On the . . . . 19.7,S.L before me personally came . . . . . . . day . . . . . . . . . . . , of . . . . . . . . . . . . . c. ?. . . . . . . . . . . to me known, who being by me duly sworn did de- pose and say that . . . . . . , resides at No. �. .. v4 T`s,. �Lo �// . . . . .. .. .. . . . . . . . . . .. . . . . . .� . . . . . . . . . . . . . . I — . . . . . . . . . that . . . . . . . . . /V`. . . . . . . . . . . . is the . . of �pS/L L/C o c i./.!T C X. c . . . . . . . . . . . . . .. .. . . . . p. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . the corporation described in and which executed the foregoing instrument; that . .. . . 64.— . . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. Ind that . . . . / signed � name thereto by like or er. . . . . ?..` ... —. . .. .. . . . . . ary ub is PA'1L H. HOLMES NOTARY FSLIC, State of Nevi York ';;, ° 4 9993 ii i I u C-lady / n pi es idarch 30, 1912.1 POSMUCO CONSTRUCTION COMPANY, INC. EXCAVATING AND ROAD BUILDING 613 OLD COUNTRY ROAD 316-EDGEWOOD 3.0666 WEnSURY, N. Y. 11590 P. O. BOX NO. 881 2/14/74 TO WHOM IT MAY CONCKRN Following is the complete list of stockholders, officers, and directors of Posillico Const. Co. , Inc. : Joseph Posillico, Pres. F. James Posillico V.P Mary Rosato Sec. Anthony Posillico Trees. None of the foregoing is financially involved with the Town of Southold, its officeholders, or employees. . James Posillico, Vice. P. {r _.., Cr .nL 36, � RIDER TO DEED, DAR Febru ry 8, 1972 BETWEEN: FRED GOLDMAN and STANLEY GOLDMtLQ, Grantors and JAMES POSILLICO , Grantee ALL that certain plot, piece or parcel of land, situate, lying and being in Arshamomaque, in the Town of Southold , County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a point formed by the intersection of the southerly line of lands of the Long Island Railroad Company with the westerly line of Kerwin Boulevard , said point beginning being the northeasterly corner of parcel number two as shown on a certain map entitled, "Amended Map A, Peeonic Bay Estates , situate at Arshamomaque, Town of. Southold, New York, " made by Otto W. Van Tuyl under date of May 12 , 1933 , and filed in the Suffolk County Clerk 's Office as Asap D;o. 1124 , running thence along said line of Kerwin Boulevard three courses as follows : (1) south 34 degrees 59 minutes east 915 . 02 feet; (2) south 68 degrees 22 minutes 50 seconds east 196 .51 feet; (3 ) north 79 degrees 54 minutes 0 seconds east 209 . 32 feet to the northwesterly corner of land of Rutkowski ; thence along said land of Rutkowski , south 10 degrees 06 minutes 00 seconds east 125 . 0 feet; thence along said land of Rutkowski and along the southerly and southwesterly side of the map above mentioned , the following three courses and distances : (1) north 79 degrees 54 minutes 00 seconds east 687 . 17 feet; (2) south. 44 degrees 12 minutes 40 seconds east 908 , 48 feet; (3) south 61 degrees 11 minutes 30 seconds east 159. 50 feet; thence along land now or formerly of La Porta south 46 degrees' 48 minutes 40 seconds east 150, 16 feet to the northwesterly corner of land of W. Kalbacker; thence along the land of W. Kalbacker the following two courses and distances : (1) south 44 degrees 19 minutes 30 .•. ::�c�.i:; omit 1 .10 . 74 foot ; (2) north F,0 degrees 00 minutes east 91 . 0 feet; - ConP.iniil LIBEP, t 2®7 PAGE PAGE 2 OF RIDER TO DEED, DATED February 5 , 1972 BET)VEEN: FRED GOLDMAN and STANLEY GOLDMAN, Grantors , and JAMES POSILLICO , Grantee thence south 27 degrees 08 minutes east 50. 06 feet to land of Adam Pekunka; thence along land of Adam Pekunka the following two courses and distances : (1) south 60 degrees 00 minutes west 879. 13 feet, (2) south 47 degrees 43 minutes 30 seconds west 374 .36 feet to land of Charles S. Sage Estates; thence along land of Charles S. Sage Estate the following two courses and distances : (1) north 43 degrees 09 minutes 40 seconds west' 2736 .73 feet; (2) north 32 degrees 42 minutes 00 seconds west 214 . 26 feet to the south- erly side of the Long Island Railroad; thence north 55 degrees 01 minutes 00 seconds east along the southerly side of lands of the Long Island Rail- road 405.60 feet to the point or place of begirninq. Excepting therefrom the Lots 556 and 557' as shown on said map *?o. 1124 . Together with all easements and rights of way appurtenants to said premises, included a right or way 50 feet in width between lots no. 122A and 119 as shown on said map, said right of way extending from Bayshore Road to the premises hereinbefore described, and all of the right, title and interest of the parties of the first part of, in and to the lands under the highways adjacent to said premises to the center line thereof and of, in and to any and all strips and gores of land adjacent and appurtenant to or abutting the hereinbefore described premises . LAWRENCE M. TUTHILL PROMOSIONAL ENGINEER INLET LANE EXT. OREENPORT.N.Y. yt oR�iN.oeT�-t a s a Feb. 24, 1974 Mr. B aond C. Dean Superintendent of Highways, Southold Town Peconic Lane Peoonio, N.Y. Ass August Acres (7289-6) dated 4/22/73 Dear Mr. Deant I have reviewed the above mentioned subdivision plan and make the following recomendaV ons and comments. 1. That the road between lot 33 and the park and playground be omitted. This area is now a pond. In fact there are two ponds in the park and playground one of which is large and covers h t of lot 33 2. That since Southold Town has the deeds for the area between 10t 90 and 93 of the adjacent subdivision, that roads be connected to this area to eliminate an extremely long bleak. 3. That the island at the junction of Kerwin Bouvelard and Boysheee Road be enlarged. 4. That recharge basins be respired. Also that test holes be made in the proposed area for the close prominity of clay strata, which preclude the percolation of water in a recharge basin. Sincerelyyours, )RECEIVED By TOWN OF SO .;T'F1"I.D r 7- , APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: I. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) J 2. The name of the subdivision is to be . . . . . . . . .. .. . . .. .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. .... ... .. .. .. . . . . . . . . . .. . . . . . . . . .. . . . . . . . . .. . . .. ... .. ... . .. . . . . . . . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . ...71A7. .. .. .... .. . Page . .. . . Liber . . . . . .. . . . . .. .... .... ... Page . .. . . .. .. .. .. .. . . . . .. Liber . .... .. .. .. .. .... .. .. .. . Page . ... On . .. .. .. . . .. . . .. . . . . . . . , Liber . .. . . .. . . .. .. .. .. .... .. . Page . . . .. .. .. .. . . .. . . .. .. Liber . . . .. .. . . .. .. ........... Page . . . .. .. .. .. .. .. .. .. .. . On . .. .. . . . . . . . . .. . ... .. . . ; r e as i an nt of . . . . . . . . . . . .. . . .... .. .. .. .. .. .. .. . . . . . . oras distributee . .... .. .. .. ............ .. . . . .. . . . . . . . .. .. .. .. . . .. .. .. .. .. . . . . . .... .. ... . . . . . . . . .. . . .. ........ ........... . . . . . . . . . . . . . . . . . . . .. . . .. . . .. ......... . . . . . . . . . . -r 5. The area of the land is . .. . . . . . .. . acres. 6. All taxes which are liens on the land at the date hereof have been paid except .7:7n , , . . .. . . . . . . . . . .. .. .. .. .. ... .. .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. The land is r�encumbered by Y' . .. . . .. . . .. .. .. . . . . . . . . .. . . . . .. . . . . . . .. .. mortgage as follows: (a) Mortgage recorded in Liber . . . . . . in original amount •��/ ^7 . .Page : .. .. . . .. .. . �• (�' of $. ./. ,7ez . S�Q. unpaid amount $ ./. .�. r���D . . . held b address4�e' C`yrdccc S , /ZO ✓o". Qir F2ic.9� (b) Mortgage recorded in Liber . .. . . .. .. Page . .. .. . . . . .. .. ... .. . . . . . in original amount of . . . .. . . . . . . .. . unpaid amount $. .. .. . . . . . . .. . . . . . . . . . held b address . .. .. ... . .. . . ... .. . . . . . . . . .. . . . . .. . . . . .. .. .. .. .. . . . . . . . .... . . .. . (c) Mortgage recorded in Liber g in original amount of . .. .. .. .. .. .. . unpaid amount $ held by ... .. .. .. . . .... .... .. . address 8. There are no other encumbrances or liens against the land except . . . .. . . . . . . .. .. ... . .. ... . . . . .. . . . . . . . . .. .. .. . . . . .. .. .. .. . . . . . .. . .. . . . . . . . . . . . 9. The land lies in the following ,zoning use districts S . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. ... ... ... . . . . . . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept l`�z?�v� /JT .S /✓. Cv 2,u��� .. .. ... . . .. . . .. .. . . . . . . . . . . . . .. . . .. .. ......... .... . . . . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . .. . . . . . . . . . . .. . . .. . . . . . . . . .. . . . . . . . . .. .. .. .. . . . . . . . . . ... . ... . 13. Water mains will be laid by . . . .. . . . . . . . . . . . . .. . . .. .. .. . .. .. . . . . .. . . . . . . . . . . . . . . . . . . . . .. . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .. . . . . .. . . . . .. .. . . .. .. .. .. .. .. . . . . . . . . . . lines. "" . .••• •• •• •• •. • • • • • • . . . . . . and (a) (no) charge will be made for installing said 15. Gas mains will be installed by . . . . . . . . . . . .. . . . . . . . . .. . . .. . .. . . .stall.installing .. . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . an (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. :In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $. .. .. .. .. . as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .. .. .. . . . . . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "B". DATE . .. . . . . ?/ "" '. . . .. .... .... .. 192y� . /.�usi� [ /c o Cc.� ri Z c . . . . . . . . . . . . . . . . ..: . .. .. . ... . . (Name of Applicant) lC•�n �< v ?J BY ���,' (Sind Title . . . . . .. .. .. . . . . .. . . .. . . ...... .. . . . . . . . . . ... . . .. . (Address) STATE OF NEW YORK, COUNTY OF . .. . . . . . . . . . . .. .. . . .. .. .. . . . . . . .. ss: On the . . . . . . . . . . . .. .. .. . day of. . . .. .. .. . . .. .. . . .. . .. . . .. .. .. 19. . . . . .. before me personally came ' •• " " " " " . . .. . . .. .. .. •• • • •• . . . . .. . • . . . . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . . . .. .. .. . . . executed the same. . . . . . . . . . . . . . . . . . . . . . . .. . . .. .. ..... . ..... ... . . . Notary Public STATE: OF NEW YORK, COUNTY OF . . . .� . . . . . .. . I .. .. .. . ... . ss: n( On the . . . .� , . . , , , day . . of , 19.7� before me personally came .. . ... • . . . . . . . . . . . . . . . . . ... . to me known, who being by me duly sworn did de- pose and say that . . . . . f.� , , resides at No. . . . . . . . . . .. . .y!4J.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that . .. . .. . . .. . . .. . is the . . . ./�.�.c 5.. . . . . of . . . p.SiLCIC o C:7�/✓ T . . . . . . . ... .. . . . . . .L.. . . .. .. .. . C.'. . . . . . . . . . . . . . . . . . the corporation described in and which executed the foregoing instrument; that . .. . . .1.� . . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that . . . . �-' � .. . name thereto by like order. /V. .. . . . . . . . . . . . . . . . . . . .. ay Zic PAVI_ H. ]-iOLbiGS NOTARY P HIC, State of 'ico York t:o. 31-455593a 0"Wiwi ie NGC-Ju Cmmty / .lan G:piros iriurch 30, 19)A r POSHLUCO CONSTRUCTION COMPANY, INC. EXCAVATING AND ROAD BUILDING 615 OLD COUNTRY ROAD 516.EDGEWOOD j-0666 WESTBURY, N. Y. ii590 P. O. BOX NO. 881 2/14/74 TO WHOM IT MAY COIXILIN Following is the complete list of stockholders, officers, and directors of Posillico Const. Co. , Inc. : Joseph Posillico, Pres. F. Janes Posillico V.P Mary Rosato Sec. Anthony Posillico Trees. None of the foregoing is financially involved with the Town of Southold, its officeholders, or employees. F. James Posillico, Vice. P. '1 r st 0` cw'fork RIDER TO DEED, DA February S, 1972 • EETWEEN: FRED GOLDtiIAN and STANLEY GOLDVAQ, Grantors aad JAMES POSILLICO , Grantee ALL that certain plot, piece or parcel of land, situate, lying and being in Arshamomaque , in the Town of Southold , County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a point formed by the intersection of the southerly line of lands of the Long Island Railroad Company with the westerly line of Kerwin Boulevard , said point beginning being the northeasterly 0 corne:: of parcel number two as shown on a certain map entitled, "Amended Map A, Peconic Ray Estates , situate at .Arshamomaque, Town of Southold, New York, " made by Otto W. Van Tuyl under date of May 12 , 1933 ,, and filed in the Suffolk. County Clerk's Office as Map D;o. 1124 ; running thenca along said line of Kerwin Boulevard three courses as follows ; (1) south 34 degrees 59 minutes east 915 . 02 feet; (2) south 68 degrees 22 minutes 50 seconds east 196 .51 feet; (3 ) north 79 degrees 54 „linutes 0 seconds east 209 .32 feet to the northwesterly corner of land of Rutkowski; thence along said land of Rutkowski , south 10 degrees 06 minutes 00 seconds east 125 . 0 feet; thence along said land of Rutkowski and along the southerly and southwesterly side of the map above mentione. , the following three courses and distances : (1) north 79 degrees 54 minutes 00 seconds east 687 .17 feet; (2) south 44 degrees 12 minutes 40 seconds east 908 . 48 feet; (3) south 61 degrees 11 minutes 30 seconds east 159 . 53 feet; thence along land now or formerly of La Porta south 46 degreas' 48 minutes 40 seconds east 150 . 16 feet to the northwesterly corner of land of W. Kalbacker; thence along the land of W. Kalbacker the following two courses and distances : (1) south 44 degrees 19 minutes 30 cnst 1. 9.74 font , (2) north 60 degrees 00 minutes east 91. 0 feet; ^ - conti nood . AR, i 20 1 PAGE 582 • • PAGE 2 OF RIDER TO DEED, DATED February b, 1972 BETWEEN : FRED GOLDMAN and STANLEY GOLDMAN, Grantors , and JAMES POSILLICO, Grantee thence south 27 degrees 08 minutes east 50. 06 feet to land of Adam Pekunka; thence along land of Adam Pekunka the following two courses and distances : (1) south, 60 degrees 00 minutes west 879.13 feet; (2) south 47 degrees 43 minutes 30 seconds west 374 .36 feet to land of Charles S. Sage Estates; thence along land of Charles S. Sage Estate the following two courses and distances : (1) north 43 degrees 09 minutes 40 seconds west' 2736 .73 feet; (2) north 32 degrees 42 minutes 00 seconds west 214 . 26 feet to the south- erly side of the Long Island Railroad; thence north 55 degrees 01 minutes 00 seconds east along the southerly side of lands of the Long Island Rail- road 405.60 feet to the point or place of begirininq. Excepting therefrom the Lots 556 and 557 as shown on said map No. 1124 . Together with all easements and rights of way appurtenants to said premises , included a right or way .50 feet in width between lots no. 122A and 1719 as shown on said map, said right of way extending from Bayshore Road to the premises hereinbefore described, and all of the right, title and interest of the parties of the first part of, in and to the lands under the highways adjacent to said premises to the center line thereof and of , in and to any and all strips and gores of land adjacent and appurtenant to or abutting the hereinbefore described premises . January 2, 1974 Mr. George Wetmore P. O. Box 627 Greenport , New York 11944 Res August Acres subdivision Dear Mr. Wetmore: As per your request, enclosed find two applications for approval of plat and suggestions for prospective developers. Yours truly, I Muriel Brush, Secretary Southold Town Planning Board Enclosures 3 December 10, 1973 �i tie #pZenate�It $��lghways Peconic Lane Peconic. New York 11958 Dear Mr. Dean: Inclosed find sketch plan of subdivision known as August Acres located at Arshamomsque. We would appreciate your recommendation. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Inc. 1 March 29, 1973 Stanley S. Corwin, 8sq. 114 Main Street Greenport, New York 11944 Re: Poscillicio proposed subdivision Dear Mr. Corwin: The Planning Board has reviewed the proposed subdivision and has discussed it informally with the Suffolk County Planning Commission. The following changes are recommended: 1. The intersection of Kerwin Boulevard and Bayshore Road should be at right angles and have stop signs. 2. Move road connecting Sage Estate property further down by lots i10 and 11. 3. Eliminate northeast connection to Bayshore Road, keeping only connection by Kalbacker property. 4. All lots must have 150 feet frontage. 5. 5% of total area must be provided for park and playground. 6. Have Health Department locate test holes and submit report. Sincerely yours, John Wickham, Chairman Southold Town Planning Board /tle r SUFFa�c P ti < T D SL X Southold, N.Y. 11971 (516) 765-1938 November 9, 1987 Mr. James Posillico Posillico Construction, Inc. 31 Tenyson Avenue Westbury, NY 11590 Re: August Acres Dear Mr. Posillico: As per your requests our engineers have made an inspection of the above mentioned subdivision. Enclosed is a copy of the items which need to be corrected or completed. Please notify our office when this work has been completed so we may schedule another inspection. If you have any questions, please don't hesitate to contact our office. Very truly yours, I'A4. DIANE M. SCHULTZ, ADMINISTRATIVE ASSISTANT SOUTHOLD TOWN PLANNING BOARD SIDNEY B. BOWNE & SON Sidney B.Bowne,P.E.,L.S. Roland Anders Roger L,Cocchi Francis J.Lynch Chester C Kelsey, F.E.,L.S. 45 Manor Road Philip Alexandre W.Mercil, P.E. p Scnlotzheuar Robert A.Stanton,P.E. Smithtown, N.Y. 11787 Joseph F.Stegman Robert W. Brown,L.S. Paul F.Stevens Zabdiel A.Blackman, P.E., L.S. (516) 724-0611 William T.Styne Richard B.Weber George A.Style,P.E. Jerry D.Almont,P.E. George L.Fagan,Jr.,PKID,P.E. Frank Capobianco,C.E. Thomas R. Pynchon, L.S. November 5, 1987 Mr. Bennett Orlowski, Jr., Chairman TOWN OF SOUTHOLD ` Planning Board 53095 Main Road Southold, New York 11971 Re: August Acres, Major Subdivision, Posillico, Greenport, Town of Southold, New York (SBB NO. 87110) Gentlemen: A site inspection of this subdivision was conducted on 11/4/87. Present were Mr. Raymond Dean and Mr. C.S. Heffernan, both from this office. Our inspection disclosed that the major portion of the work on this subdivision has been completed satisfactorily but there are some items that must be completed or corrected. The following is a list of items for completion/correction. Every attempt has been made to make this list complete but additional items may arise that will require attention: 1. Surfacing: a. Correct areas that not stabilized correctly (i .e. Wells Lane) . b. Sweep excess stone, as required. 2. Curbs: a. Correct construction damage (i .e. Sage Spur) as directed. 3. Catch Basins Leachin Pools Pipe: a, can rainage systems, as required. 4. Recharge Basins: a. Provide key for access to recharge basin at August Lane. b. Repair fence at recharge basin at August Lane. c. Provide lock and key for recharge basin, Kerwin Blvd. and Bayshore Road. 5. Seeding: a. Maintain stand of grass, as required. DAIS MINEOLA a SMITHTOWN a NEW YORK CITY a CLEARWATER An Equal Opportunity Employer M/F/H Mr. Bennett Orlowski , Jr. , Chairman November b, 1987 Page Two 6. Signs: a. Install 6 street signs, 6 stop signs, and 1 dead end sign, as required. 7. Barrier: a.Mall barrier, as required. Please advise us when this remedial work is completed or in progress. At that time, we will schedule another inspection pertaining to this work. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS CORNELIUS S. CSH:clg xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) P� D (' LD Southold, N.Y. 11971 (516) 765-1938 MEMORANDUM TO: Neil Heffernan FROM: Southold Town Planning Board DATE: November 13, 1987 RE: August Acres As per your request, we reviewed the file and enclosed the only survey with information on the drainage and recharge basin. P D Z T D S Y Southold, N.Y. 11971 (516) 765-1938 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: pplication of v 'or subdivision, minor subdivision, site plan) LL� Hamlet 14ATERTAL SUBMITTED: File # Suffolk County Tax Map No. w-53 - y- a, Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site p an i Final ]?final Map p 9 t� - Other ( C�17,1u b5Yld Lbrk" O C�JL Comments:, WQ .. NN�Very truly yours,�''�;�p'��" OWSKI, JR. ,CI RMAN SOUTHOLD TOWN PLANNING BOARD r •^'� PROF :O NA:. Eti,��N -ER • INLET LANE EXT. GREENPORT• N.Y. :7944 GR......T 7'1G52 a *SCHEDUL]t June 2, 1975 Southold Town Planning Board *n ?toad Southold, N.Y. Pie: August Acres at Arshamomaque Gentlemen: ?,y estimate for the borrl and :inspect 'on fee for roads and :rater mains for the subdivision entitled August Acres c „rshamornaque is as .follows: i clYaring None grading 21800 cy Q 1.50/cY A t: n �' a grading 5,000, if ® r .50/1f 2,500.00 .`i;.rPacing 5,000 if 9.00/1f L5,000.00 .:orbs .�,7.•ao ;.14 $b^O.JQ ?egular 9,hHe if 1:.0o/6'�l Zntepral 560 if @ 6.00/cy ,360.00 G: mac:^, b+;+sins ,o n . hnn nn -Q- ac:�irg Wools .- , nn Gr eez :cc.;tge basin , • /cY �0- uaall 2 3 500.00 ea — n ,n nn/ ,n inn nn .::acing ( commercial) 1,PflE3 }€—�—o.�lf - - • n IIr1 1 �n , w � iLL ,R nn h 4• R�� Searing 1 acre 9 1,20.0.00/acre 1,200.00 er mains 81, 4000/1f `a 11.00/11 47,300.00 ra r•a.nts 4 s u 600.00 ea. 2)400.00 �nuaents 30 a $ 25.00 ea. 750.00 i;ns (6 street, 6 stop 1 dead end)@ w 60.00ea. 720.00 z:. rier 1 300.00 ini.strative costs 11,110.00 ":crease costs over 3 year period 32,o'0.00 ?�`234-969ae8 Raspectifully submitted, * ORIGINAL F,STI ITS AMLNDSD TO REFLF,CT WORK COMPLETED TO DAMP, 6/1/84. ✓ d s � SIDNEY B. BOWNE & SON September 2, 1987 DECEIVED BY TOWN OF SOUTHOLD SOUTHOLD TOWN FLANNUiG BOARD SUBCDIVISION ONSTRUCTIONT PHASE US PORT HP P 4 1987 DATE PROJECT MANAGER: Robert W. Brown, FIELD PERSONNEL: Raymond Dean PERIOD: August 5 - August 31, 1987 ------••---------------------------------------------------------------------------- SBB NO. NAME STATUS 087110 August Acres (8/6) Part of curb on curve coming off Bayshore Rd, has to be replaced. There is a water hole on the turn and on straight-away which has to be filled. (8/12) No work as of this date on the subdivision. Fence to be replaced at the recharge basin, and basins have to be cleaned. Underbrush growing, should be graded and top soil added. (8/18) New curb on curve, have done some patching in low spots, getting ready for top. 087112 Hillcrest Estates Completed putting binder course down, planning to install curb in a week. The binder course is working well , taking all water off road and going into recharge basins. (8/12) Met with Mr. Reese. Hill is being graded, A. Young has put new stakes in. They will cut 3 to 4 feet off which will make a better road grade, curb will be installed in a week. (8/20) Started putting in curbs in second section. Told contractor to make sure base was well-tamped. Mr. Reese wants to move the fence line in. (8/21) Contractor still putting in form for curbs.- (8/25) Contractor laying curb forms. (8/31) No work today, looks like there is day and one/half more curb work to do. 087113 Homestead Acres (8/27) Contractor, South Fork Asphalt, started laying binder course today, with 6 trucks, 2 rollers and paver, 1365 ft. of- binder at 28 ft. , they put in 664 ton. I stopped job at 2 p.m. due to heavy rain. (8/31) Checked work done last week, there was heavy rain Fri . and Sat. Recharge basin and pipe lines worked well , no water hole in road. 087114 Long Pond Estates (8/7) No further work since putting down base course. SIDNEY B. BOWNE & SON """ "`'"'i0 U i July 20, 1987 DATE TOWN OF SOUTHOLD SUBDIVISION STATUS REPORT CONSTRUCTION PHASE PROJECT MANAGER: Robert W. Brown, L.S. FIELD PERSONNEL: Raymond Dean PERIOD: July 6 - July 9, 1987 ----------------------------------------------------------------------------------- SBB Job No. NAME STATUS 087107 Sebastian Cove Cores Taken report sent under separate cover 087111 Grand View Estate Road has curb, drainage, and road has been (major subdivision) graded with crushed stone. 087110 ✓August Acres No more work has been done to this date, (major subdivision) road has been pulvermixed and rolled. 087112 Hill Crest Estates More pulvermixing to do. Contractor (major subdivision) (Corizzino) was grading road that was pul - verized 2 or 3 weeks ago. Had a little rain that day and mixing looked good. 087114 Long Pond Estates No work as of this date. Section I has crushed stone on it. Some drainage is in. 087115 Paradise by the Bay Road has been graded and curbs are in. (major subdivision) 087122 King Bay Partners Some work has been done, road cut in and (minor subdivision) some basins in place. 087127 Bennett Brokaw This minor sub. has crushed stone and (minor subdivision) drainage in place at this time. cc: B. Orlowski , Jr. R. Jacobs R. Dean ( SIDNEY B. BOWNE & SON August 5, 1987 TOWN OF SOUTHOLD SUBDIVISION STATUS REPORT CONSTRUCTION PHASE PROJECT MANAGER: Robert W. Brown, FIELD PERSONNEL: Raymond Dean PERIOD: July 26 - August 4, 1987 ----------------------------------------------------------------------------------- SBB Job No. NAME STATUS 087112 Hill Crest Estates Contractor laid 489 tons of binder course (major subdivision) over well rolled and shaped Pulver mix on 7/17, with 4 trucks running (3" to 3-1/2") , in addition to 250 tons on 7/16. They laid 460 tons of binder on 1/20 and 7/21. Road was finished today with 150 tons, the base course has run 3" to 3-1/2". 087114 Long Pond Estates Contractor (Corrizini ) finished grading (major subdivision) crushed concrete on 7/26. He has rolled and shaped 4" stone base for binder course. Started laying 3" to 3-1/2" binder course on 7/28 - 457 ton. Binder course, 307 ton (7/30), with six men raking shoulder and picking stones. There is a lot of sand in shoulder, top soil will have to be added (1-1/2") for seeding. Contractor finished road today (8/1) , base course looks good - 145 ton. 087115 Paradise by the Bay Contractor stated no work will be done until (major subdivision) electric and telephone is put in, projected for the end of this month, road work will not start until September. 087135 Mohring Enterprises Meeting with Mohring today (8/4), requested (minor subdivision) that he ask Planning Board for another inspection. 087140 Kings View Partners 500 ft. of road has bank run, the basins are (minor subdivision) in, not covered. They will have to be checked and cleaned out. cc: B. Orlowski , Jr. RECEIVED BY R. Jacobs, �p 1L OWN PLANNING BOARD R. Heffernan e N. H 1987 SIDNEY B. BOWNE & SON July 27, 1987 TOWN OF SOUTHOLD SUBDIVISION STATUS REPORT CONSTRUCTION PHASE PROJECT MANAGER: Robert W. Brown, L.S. FIELD PERSONNEL: Raymond Dean PERIOD: July 13 - July 17, 1987 ----------------------------------------------------------------------------------- SBB Job No. NAME STATUS 087110 No further work, as of this date. major subdivis' n) iboo-�r-3-4-44.� 087112 Hill Crest Estates Contractor Corrizini , completed road grading (major subdivision) and cleared all trash and debris from right- of-way (7/15) . Contractor laying binder course today (3"- 3-1/2") with 4 trucks, paver and roller. Plant broke down for three hours this date (7/16) . Continued binder course today (3" to 3-1/2") 98° (7117) . 87113 Homestead Acres No work today (7/13) . 087114 Long Pond Estates No work today (7/13) . 087115 Paradise by the Bay No work today (7/13). (major subdivision) 087122 King Bay Partners Contractor installing basin, (2-8' rings (minor subdivision) with slab) . 087127 Bennett Brokaw Crushed stone and drainage installed to (minor subdivision) date. cc: B. Orlowski , Jr. R. Jacobs RECEIVED BY R. Dean H 10' MIN FLAMING BOARD N. Heffernan AIIG 1 '{�ilfgQ J vN 2 1981 To: Raymond L. Jacobs, Superintendent Report No. 596 Southold Town Highway Department From: John W. Davis Date: May 29, 1987 Re: August Acres @ Arshamomaque - Major Subdivision Comments: Roads in this subdivision are constructed under the old Town specifi- cations at a 36 ft. width and pulvermix requirements. Road work was started on this project prior to 1979. The base for the roads was regraded and updated for pulvermixing by removing unsuitable material and bringing in a mixture of sand and small gravel - approximately 3000 C.Y. Corrective grading etc. was done by Sound Shore Excavating Corp. who also installed the watermains. Lilco, telephone and t.v. cables have been installed. 5/25/87 Pulvermixing operations were started today by Paul Corazzini and Sons. Equipment - 2 Seaman mixers, I distributor ( 1550 gal.) with a 4 man crew. Pulvermixing requirements for oil content are 3 gal/S.Y. applied in two separate applications. MC-250 oil used today, 10 dist- ributor loads at 1550 gal. on Kerwin Boulevard. 5/26/87 Pulvermixing continued with same crew and equipment on Pleasant Place, August Lane and Wells Lane. Used 12 distributor loads at 1550 gal. 5/28/87 Continue pulvermixing on August Lane, Wells Lane and Sage Spur. Used 14 distributor loads at 1550 gal. 5/29/87 Completed pulvermixing today. Used 2 distributor loads at 1550 gal. - at intersection with Bay Shore Road and August Lane. Summary of oil used/S.Y. 5/25/87 10 x 1550- 15500 gal. MC-250 5/26/87 12 x 1550- 18600 gal. MC-250 5/28/87 14 x 1550- 21700 gal. MC-250 5/29/87 2 x 1550= 3100 gal. MC-250 58900 gal. MC-250 At 3 gal./S.Y. 58900 gal. 3 = 19633 S.Y. (Used) Wheel length on Vs 4970 L.F At 4 S.Y./ft . 4970 x 4= 19880 S.Y. (Required) Difference 247 S.Y.- I.2% Plan takeoff was 4910 ft. in length Bond estimate was 5000 ft. in length Wheel length was 4970 ft. in length (Most reliable) G i�tlJ John S . Davis cc: Southold Town Planning Board Highway Committee L. M. Tuthill , P.E. To: Raymond L. Jacobs, Superintendent Report No. 596 Southold Town Highway Department From: John W. Davis Date: May 29, 1987 Re: August Acres @ Arshamomaque - Major Subdivision Comments: Roads in this subdivision are constructed under the old Town specifi- cations at a 36 ft. width and pulvermix requirements. Road work was started on this project prior to 1979. The base for the roads was regraded and updated for pulvermixing by removing unsuitable material and bringing in a mixture of sand and small gravel - approximately 3000 C.Y. Corrective grading etc. was done by Sound Shore Excavating Corp. who also installed the watermains. Lilco, telephone and t.v. cables have been installed. 5/25/87 Pulvermixing operations were started today by Paul Corazzini and Sons. Equipment - 2 Seaman mixers, 1 distributor ( 1550 gal.) with a 4 man crew. Pulvermixing requirements for oil content are 3 gal/S.Y. applied in two separate applications. MC-250 oil used today, 10 dist- ributor loads at 1550 gal. on Kerwin Boulevard. 5/26/87 Pulvermixing continued with same crew and equipment on Pleasant Place, August Lane and Wells Lane. Used 12 distributor loads at 1550 gal. 5/28/87 Continue pulvermixing on August Lane, Wells Lane and Sage Spur. Used 14 distributor loads at 1550 gal. 5/29/87 Completed pulvermixing today. Used 2 distributor loads at 1550 gal. - at intersection with Bay Shore Road and August Lane. Summary of oil used/S.Y. 5/25/87 10 x 1550- 15500 gal. MC-250 5/26/87 12 x 1550- 18600 gal. MC-250 5/28/87 14 x 1550- 21700 gal. MC-250 5/29/87 2 x 1550= 3100 gal. MC-250 58900 gal. MC-250 At 3 gal./S.Y. 58900 gal. : 3 = 19633 S.Y. (Used) Wheel length on is 4970 L.F At 4 S.Y./ft. 4970 x 4= 19880 S.Y. (Required) Difference 247 S.Y.=1 .2% Plan takeoff was 4910 ft. in length Bond estimate was 5000 ft. in length Wheel length was 4970 ft. in length (Most reliable) John S . Davis cc: Southold Town Planning Board Highway Committee L. M. Tuthill , P.E. 987 P. 0. Drawer A APR I(D ' Jamesport, NY 11947 April 13, 1987 Mr. James Posillico Posillico Construction, Inc. 31 Tenyson Avenue Westbury, NY 11590 Dear Mr. Posillico: It was my pleasure meeting with you Saturday and this morning I ciscussed with Diane Schultz, secretary for the Planning Board, some of the elements that are necessary prior to a final hearing . A final hearing demands legal notice ten working days prior to a public discussion. The final maps of August Acres, Section I, are not updated by the Suffolk County Department of Health Services at this time. As a result, the public hearing cannot be held for this reason. Also pending is the bond estimate to be set by Mr . Tuthill which is not mandatory for a public hearing but in my understanding from Diane Schultz, this has not been completed. I intend to meet with Mr. Tuthill with regard to this matteY as soon as possible. I have taken the liberty of requesting the first available public hearing in May as I feel the requirements of the Department of Health Services should be met two weeks prior to that. It is my understanding that Roderick van Tuyl is to have this completed. If you have any questions, please don ' t hesitate to contact me. Best regards, Henry E. Raynor, Jr. HER:ml CC: Southold Town Planning Boa APR15 �� , P. 0. Drawer A Jamesport, NY 11947 April 13, 1987 Mr . Larry Tuthill Inlet Drive Greenport, NY 11944 Dear Larry: I would like to meet with you on site at August Acres at any time at your convenience . I know this is an old subdivision and Would liki: to discuss the elements neeeded for ;bonding same. The applicant has assured me that he has contracts for various construction fees and would like to furnish same to you and the Board. Please let me know your first available date. Best regards, Henry E. Raynor, Jr. HER:ml CC : James Posillico Southold Town Planning Boa g�FFO(lr�, P D T LD S Y Southold, N.Y. 11971 (516) 765-1938 March 26 1987 Mr. Lawrence Tuthill Town Engineer 1215 Inlet Lane Greenport, NY 11944 Re: August Acres Dear Mr. Tuthill: Enclosed is a prior bond estimate and survey for the above mentioned subdivision. Also, enclosed are copies of recent reports from Inspector Davis. Would you please prepare a revised bond estimate based upon the work completed and submit to our office. We also ask that you consider the current costs on those items not yet completed. We are in a position to schedule a final hearing on this re--application for final approval and , therefore, request this information at your earliest convenience. Thank you for your assistance in this matter. ENNETT ORLOWS I , JR: , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc . p. s . - also enclosed are some Minutes for you! ' - Officers UTILITY OFFICE TEL. ��� l' g (516)477-1748 MAYOR c a e o reeR ort GEORGE W.HUBBARD 1NCDNR...TED ,Ear POWER PLANT TEL. NEW INCORPORATION •RRIL T.1.48 (516)477-0172 TRUSTEES RE-INCORPORATION UNDER GENERAL uW AT 2.. ue. JEANNE M.COOPER GAIL E. MAR 2 5 7987 DAVID E..k'KAPELL APEL "" � WILLIAM H.LIEBLEIN p NG 1 S,LAN to SUPT.OF UTILITIES — JAMES L MONSELL 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 March 24, 1987 Mr. Bennett Orlowski , Jr. Chairman - Planning Board Town of Southold Main Road Southold, N. Y. 11971 Dear Mr. Orlowski , Enclosed is a copy of the agreement for water supply to a subdivision known as "August Acres" (Posillico) . The main has been installed and we have a Record Map. If I can be of further service, please contact me. Very truly yours, James I. Monsell Superintendent of Public Utilities JIM: Ikm cc: George Hubbard, Mayor All Village Trustees Utility Committee WATER SUPPLY AGREEMENT Zft�aE,e AGREEMENT made this /'5r day of Nevetnbe>< 1986 , by and between the Village of Greenport, a municipal corporation in Suffolk County having its office and principal place of business at 236 Third Street, Green- port, New York, herein called the "VILLAGE" , and Posillico Construction Company, Inc. , with principal offices located at 31 Tennyson Avenue, Westbury, New York 11590 , herein called the "OWNER" . WHEREAS, the OWNER is desirous of securing a supply of water for the project to be developed at the property shown on a map and pre- liminary site plan; and WHEREAS the OWNER is willing at its cost and expense to lay and install or cause to be laid and installed the water mains , hydrants , fittings and valves described on the map and preliminary plan and to transfer and convey same to the VILLAGE upon completion and, if necessary, to give and procure easements for the maintenance of the mains and the hydrants ; and WHEREAS , the VILLAGE is willing to supply the OWNER with its requested water allowances and the parties have agreed upon the terms and conditions for the supply of water and other matters ; and WHEREAS the OWNER is the owner in fee of certain premises which premises are shown generally on a map of August Acres , Section 1 , at Arshamomaque, Town of Southold, Suffolk County, New York as shown on the preliminary plan annexed hereto, made a part hereof and marked Exhibit "A" , and entitled "Map of August Acres , Section 1 , at Arshamomaque Town of Southold, Suffolk County, New York" ; and (l ov /l) WHEREAS OWNER is about to commence a development known as August Acres , Section 1 , at Arshamomaque, Town of Southold, County of Suffolk, New York and wishes to construct water mains and install hydrants on the certain rights of way on the aforementioned map surveyed by R. Van Tuyl dated August 18 , 1979 and to connect with the Village Water System marked Exhibit "B" in conformity with the Contract and Specifications entitled "Greenport Water Department Specifications" dated November 10 , 1986 and marked Exhibit "C" and as may be amended from time to time during the course of construction of the project commonly known as August Acres , Section 1 , at Arshamomaque , Town of Southold, County of Suffolk, New York. NOW, THEREFORE, in consideration of the premises and covenants herein , it is mutually agreed as follows : FIRST. OWNER will install at its own cost and expense, water main for supply and distribution system, throughout the subdivision as more fully described hereinabove. Said installation shall be in conformity with the agreement herein and the rules and regulations of the VILLAGE. SECOND. Locations of all mains , hydrants , and appurtenances are shown on a copy of the map entitled Village of Greenport-Water Department water mains and hydrants-sub-division preliminary, August Acres Posillico Construction , Inc. , Arshamomaque, Southold, New York Survey R. Van Tuyl dated August 18 , 1979 . THIRD. All necessary engineering work, trenching, laying, joining , backfilling shall be done by OWNER and shall sometimes (2 OF //) hereinafter be called the "WORK" . FOURTH. The VILLAGE will supply the hydrants for installation at the locations shown on said map. OWNER 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 the site at a time appropriate to the expeditious completion of the work provided the VILLAGE is given no less than 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 Eor by the Fast-West Fire Protection District, OWNER will pay annually to the VILLAGE such rental for such hydrants as is from time to time being paid by such District to the VILLAGE for other hydrants in the District. SEVENTH. The standards for the installation of the piping and the hydrants shall be in accordance with the following specifications ; ( 1 ) polyvinyl chloride pipe (AWWA Spec. C-900 ) Class 150 or equal with push-on joints/couplings and underground metallic warning tape or ( 2 ) cement-lined ductile iron pipe (AWWA spec. C151-76 ) class 150 , or equal . Any pipe and all joints and parts of the system must be able to stand pressure of not less than 150 pounds per square inch. The main shall be installed 13 feet from the property line and must be chlorinated to Health Department standards . EIGHTH. The VILLAGE will supply without charge to OWNER suf- (3 0r ii) ficient water to make essential tests and to leave the system on final approval completely sanitary. NINTH. The WORK shall be inspected by the VILLAGE which hereby delegates its Superintendent of Utilities or his designee full power of inspection hereunder. OWNER will grant complete freedom of access to all parts of the premises and the WORK for inspection. The VILLAGE will have an authorized inspector at the site at all proper times so as not to delay the work. No work not passed by the inspector will be accepted by the VILLAGE. No backfilling shall be done until the pipe and the work in the trench has been approved and tested by the inspector . TENTH. OWNER will , and by this agreement does , upon approval of the completed work, which the VILLAGE will indicate to the OWNER in writing , dedicate the mains to the VILLAGE, and does hereby grant and convey to the VILLAGE an easement and right of way for the purpose of laying , relaying , repairing, operating and maintaining water mains , both supply and distribution , and 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 mains and appurtenances and the rights of way and easements shall be deeded to the VILLAGE its successors or assigns . and shall forever remain the property of the VILLAGE, its successors or assigns . The (yor11) rights of way shall be over the lands herein described and marked Exhibit "D" . ELEVENTH. The easements herein granted are not exclusive, and other easements in said streets may be granted by OWNER to other per- sons or corporations maintaining public services throughout the deve- lopment, provided that no other mains are set within two feet internally of the water main and no poles are set into the ground within two feet either side of a line on the surface directly above the mains. If a gas , sewer or other main or service necessarily crosses the water mains , OWNER will advise the VILLAGE in writing of the exact location of the intersection forthwith upon installation and shall supply maps to the VILLAGE showing the exact locations . Said intersections shall not be permitted without prior written consent of the VILLAGE. TWELFTH. If OWNER contracts with a third party for the WORK, as the parties contemplate will be the case , the VILLAGE will examine the proposed contract, plans , and specifications , and promptly furnish OWNER and the third party contractor with a written statement of what part, if any, of the WORK proposed in such contract should be revised to insure approval by the VILLAGE. The VILLAGE will not require any abnormal conditions , unless the situation at the site shall require them. THIRTEENTH. Upon completion, inspection and approval the VILLAGE will supply water to the development and the owners of the lands therein at the rates and pursuant to the rules and regulations of the (S ov ll) VILLAGE in force from time to time. FOURTEENTH. The parties understand that final approval of the subdivision map has not been given by all necessary public authori- ties . The VILLAGE enters into this agreement to assist OWNER in securing such approval , and by way of contractually assuring to OWNER public water supply, if such subdivision approval is secured. FIFTEENTH. A one inch (1" ) service line shall be installed to each lot, with a curb stop near the property line. This installation is under the direction and supervision of the Greenport Water Department. SIXTEENTH. The VILLAGE requires a cash contribution of two thousand five hundred and seventy dollars ( $2570. 00 ) ner dwelling unit to be placed in the VILLAGE 'S Water Department Reserve Fund to help gain new production supply, so as to assure OWNER of future adequate supply. It is contemplated by this contract that the OWNER anticipa- tes construction of 36 dwelling units. Upon execution of this agreement the OWNER will deposit with the VILLAGE the sum of two thousand five hundred and seventy dollars ($2570. 00 ) times 12 dwelling units for a total of thirty thousand eight hundred and forty dollars ($30 , 840 . 00 ) in bank or certified check in payment of the first installment on the entire project of 36 lots. The OWNER agrees to pay within one year from the date of the signing of this agreement an additional sum of the thirty thousand eight hundred and forty dollars ($30 , 840 . 00 ) representing the payment for an additional 12 lots. The OWNER shall pay the last one-third two years from the signing of this ((o or /4 agreement an additional sum of thirty thousand eight hundred and forty dollars ($30 ,840 . 00 ) . This per dwelling unit amount may be amended from time to time, depending on the findings by the VILLAGE' S con- sulting engineers , Holzmacher , McLendon and Murrell , P.C. or their successors and upon approval be the Village Board of Trustees . In the event that the per dwelling unit cost is increased or decreased bet- ween the execution of this agreement and the application for water , 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 water times the number of dwelling units covered by said application . Said payment shall be in bank or certified check and shall be paid to the VILLAGE prior to any hook-up for water. In the event that the OWNER does not complete the project as contemplated by this agreement or does not make application for the full number of dwelling units alloted or specified herein , the VILLAGE shall keep all funds so deposited by the VILLAGE as the sole exclusive oroperty of the VILLAGE and the OWNERS shall have no claim thereon. SEVENTEENTH. The WORK contemplated by this agreement shall be completed within 24 months of final approval of plans by the Town of Southold, or within additional periods of 24 months each, however , it is hereby mutually agreed and understood that all specifications in reference to materials used for the 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 (7 or //) at each such interval . EIGHTEENTH. The OWNER agrees that upon completion of the work in accordance with any contract made pursuant hereto, title to the mains , hydrants , valves , and fittings so installed and ].aid shall be deemed dedicated to the VILLAGE, and the OWNER shall in confirmation of such passage of title, execute an instrument transferring and assigning to the VILLAGE, the title, free and clear of all encumbran- ces or liens to the mains , hydrants , valves and fittings so laid and installed and if required by the VILLAGE shall procure from all per- sons having an interest in the land in which said mains lie a proper easement in favor of the VILLAGE for the perpetual maintenance , repair or replacement of said mains and fittings including the right to extend the mains and to connect them with other mains to be laid by or under the supervision of the VILLAGE. The instruments so executed shall be in recordable form. NINETEENTH. The VILLAGE agrees that when the installation , laying of the mains , valves , hydrants and fittings has been completed, pursuant to the terms of this agreement, and proper easements have been given, all as hereinbefore provided, the VILLAGE will accept the assignment and conveyance of the mains , valves , hydrants and fittings and maintain them thereafter and supply water to consumers along the mains subject to conditions , rules and regulations of the VILLAGE. TWENTIFTH. Should the OWNER 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 (8 or I)) VILLAGE sufficient to warrant a separate consideration. TWENTY-FIRST: This agreement contains the complete agreement bet- ween the parties for the acquisition by the VILLAGE of the mains , valves , fittings , and hydrants hereinbefore described and the OWNER agrees that it will not make any claims against the VILLAGE, on account of the installation of the mains , valves , fittings or hydrants and acceptance of the terms of this agreement, notwithstanding the provi- sions of any general or special law to the contrary which may or may not be enacted. TWENTY-SECOND. This agreement shall inure to the benefit and shall bind the respective heirs, legal representatives, successors or assigns of the parties hereto. TWENTY-THIRD. This agreement shall not be assignable by the OWNER without the consent in writing of the VILLAGE., which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement in four ( 4 ) counterparts , all of which shall constitute originals , the day and year first above written. ATTEST: VILLAGE OF GREENPORT Clerk Geor,0 W. Hubbard, Mayor Bosillico Co ,in Co•Sf�' C9 or ��� STATE OF NEW YORK ) ss. ; COUNTY OF SUFFOLK ) On the �, 'day of Nevembe 1486 , before me personally came GEORGE W. HUBBARD, 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 order of the Board of Directors of said cor- poration , and that he signed his name thereto by like order. / J 1 NOTARY PTLIC NOTARY Vu6LIC Sl t Nof N.Y Suffolk co,f,j,.4735151 rerrn Expires March 30, J4Z STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the �5r day of - 1986 , before me personally came ,/ meT /J. to me known, who being by me duly sworn, did depose and say that he resides at �/ 72✓'�",feV Hac lv�S. 4C%E'y �y that he is a duly authorized officer of the corporation on whose behalf he acts, to wit, the �esyecmlzj' of the Posillico Construction Company, Inc. , the corporation described in and which executed the above instrument, that he knows the seal of said cor- poration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation , and that he signed his name thereto by like order. �-�.- N fork NOTARY PUBLIC Q�.a i;fi.ld�ri Dl :c-^, Coun'y Commission Expires November 30. 1986 (� � of �/) • APR 1986 To: Raymond L. Jacobs, Superintendent Report No. 494 Southold Town Highway Department From: John W. Davis Date: March 27, 1986 Re: August Acres at Arshamomaque A meeting was held today in the Superintendent's office to discuss the type of pavement to be used at the above subdivision and also other construction details. Present: R. L. Jacobs, Superintendent J. W. Davis, Construction Inspector A. Posillico, P.E. , Posillico Construction Co. , Inc. , Owners J. Posillico, Supt. , Posillico Construction Co. , Inc. , Owners Comments: Pavement construction to follow the old town specifications. Work was started on this project prior to 1979. Curbs were installed for a 36 ft. width. The pulvermix method of 3 gal./S.Y. of MC-250 in two separate applications, a seal coat of .5 gal. of RC-250 with sand and a surface application of .3 gal./S.Y. of RC-250 with 3/8 inch stone at 30 lbs./S.Y, will be used as recommended by the Superintendent. Pavement grading between curbs at present is low in most areas and additional acceptable material will have to be supplied for a 6" curb reveal. Grading behind curbs at the second entrance into Bayshore Road can be modified to meet the existing conditions of the lot owners. There is no signed agreement for installation of water mains to date. Also, no dates for installation of Lilco and telephone cables. The owners will probably also install t.v. cable. John W. Davis /Southold Town Planning Board Highway Committee L. M. Tuthill, P.E. JUL 21 1986 To: Raymond L. Jacobs, Superintendent Report No. 524 Southold Town Highway Department From: John W. Davis Date: July 16, 1986 Re: August Acres at Arshamomaque Comments: Made a field inspection of existing road material for above subdivision with Sound Shore Excavating Corp. (R. Schroeder) , contractor for the owners. Pavement construction is to be under the old town specifications for pulvermixing as follows: 3 gal./S.Y. of MC-250 in two separate appli- cations, a seal coat at .5 gal./S.Y. of RC-250 with sand cover and a surface application of .3 gal./S.Y. of RC-250 with 3/8 inch stone at 30 lbs./S.Y. This was agreed to by the owners, Posillico Construction Co. , on March 27, 1986. The present road material has not been graded to date for pulvermixing. There are some high and low areas throughout. Also, the material for most of the areas contains a high percentage of loam which is not conducive for a pulvermixing operation. The contractor agreed to remove 3" of the present material where necessary and replace it with 3" of bankrun sand. This material to be macl mixed before the application of the MC-250 oil. The owners to be notified of this proposal by the contractor. Water mains (8" PVC pipe) have been installed. According to Schroeder, Lilco and telephone cables are scheduled to be installed-in about two weeks. Note: The inspection fee for this project was received. The bond estimate at $235,000 was approved by the sown Board on July 10, 1975. There is no reference of that bond or anyipart of it posted in the Town records. \E f W. Davis e vis XJQifJT�l �/ ,,��ohn cc: Southold Town Planning Board Highway Committee L. M. Tuthill, P.E. N 6 r ig85 r To: Raymond C. Dean, Superintendent Report No. 451 Town Highway Department From: John W. Davis Date: May 31, 1985 Re: August Acres at Arshamomaque Comments: The Posillico Const. Co. , owners and developers of the above subdivision, notified the Highway Superintendent's office on 5/28/85 that completion of curb work would be started on the following day. 5/29/85 Met F. Posillico and his curb contractor on the site, as requested, to go over areas where curbs have not been installed. Stake out work for curbs has been done by Suffolk Co. personnel for the owners instead of VanTuyl. The grades as staked appear to be correct in meeting prior curbs and also for elevation of curbs to be placed opposite present curb on one side only. Excavation for curbs started at Sage Spur and August Lane. The only entrance and exit for this major subdivision is at Kerwin Blvd. Preliminary maps show 50 ft. Town R.O.W. extending Wells Lane and August Lane into Bayshore Road but are not part of the subdivision R.O.W. The inspection fee for the project has been paid. There is no performance bond and the status of final approved maps, etc. is pending. There is a construction plan dated 8/28/76 by Posillico Const. Co. for "Drainage and other Details". This plan apparently approved by R. Dean and L. Tuthill on 9/23/76. The roads in this subdivision will be 36 ft. in width with 6" curb reveal (prior curbs were placed for 36 ft. pavement) . The pavement type will be as directed by the Superintendent of Highways. 5/31/85 Concrete curb placed today on both sides of Sage Spur by Limarcos Construction Corp. (subcontractors) . Form work and finishing acceptable. Concrete mix as per delivery tickets should produce 3000 lb. concrete. Porportioning using a 5-3/4 bag mix is approximately 1-2.5-3.2. Excavation for remaining curb continued throughout the project. CGUzO John W. Davis 4121 cc: Southold Town Planning Board Highway Committee L. M. Tuthill, P.E. Publir Nnrks Nrpartmrnt SEP' 4 Mown Of bouthalb 1985 Ierunir, N.J. 11959 RAYMOND C. DEAN TEL.76MI40 COMM LONER 734-5211 September 4, 1985 Posillico Construction Co. , Inc. 31 Tennyson Avenue Westbury, New York Attention: E. J. Posillico, P.E. Dear Mr. Posillico: I have reviewed the profile and layout for the second exit and entrance to Bayshore Road at the August Acres subdivision and approve same. The 50 ft. R.O.W. as shown on the plans is a legal Town R.O.W. I assume that when you submit specifications for this road extension of August Lane, the pavement section will be of the same construction as the other subdivision roads. Res fully yours, —�_ Raymond C. Dean Superintendent of Highways cc: Southold Town Planning Board M � To: Raymond C. Dean, Superintendent Report No. 459 Town Highway Superintendent From: John W. Davis Date: July 17, 1985 Re: August Acres Missing Stakeout Information, etc. Comments: July 16, 1985 Met owner's curb contractor on 7/16/85 as requested to go over curb stakeout at intersection with existing Kerwin Blvd. where unmarked stakes do not coincide with the plans. Also, there is a catch basin at this intersection about 2 ft. below the road elevation, apparently set incorrectly. Work resumed today (excavation and form setting) for curb. Advised the curb foreman to contact the owner in the above intersection matter as curb cannot be installed without additional information. July 17, 1985 F.. Posillico, owner, on the site with a plan layout for the intersection at existing Kerwin Blvd. This plan appears to be usable and conforms more or less with the general plan at this intersection as shown approved on 9/23/76. I went over the layout together with the owner. The catch basin mentioned on 7/16/85 will be raised to conform with today's plan. The curb crew continued to excavate and set curb forms on Kerwin Blvd. within the subdivision (North end) . Looked at 2nd entrance with owner re tree removal, grades, etc. Part of the existing o.s. appears to be high about in the middle and slopes both ways, northeast to Bay Shore Road and southwest to the subdivision. F.. Posillico wants to discuss the 2nd exit and entrance further with You. To date there is no signed agreement with the Village of Greenport and the owner as to the installation of water mains. "John W. Davis cc:: Southold Town Planning Board ghway Committee arry M. Tuthill, P.E. a'P n 2 71985 To: Raymond C. Dean, Superintendent Report No. 456 Town Highway Department From: John W. Davis Date: June 24, 1985 Re: August Acres at Arshamomaque - curb installation Comments: Regular curb construction to date as of 6/22/85 amounts to 2445 L.F. According to owner records, 5200 L.F. of curb was placed prior to 1985. The bond estimate shows a total of 9400 ft. of regular curb leaving 1755 ft. to be done. No concrete gutters have been installed. Curb ( 1985) includes both sides of Sage Spur, Wells Lane and August Lane from Pleasant Place to the end at the easterly Town R.O.W. Curb was placed on 5/31 , 6/5, 6/19, 6/20, 6/21 , and 6/22/85, using 77 C.Y. of concrete according to delivery tickets. Theoretical C.Y. for 2445 L.F. is 73.5±. Castings for all catchbasins which were placed in prior years have a 8" curb inlet. Plans call for a 6" curb at pavement edges. In case the castings cannot be replaced, the pavement at the catchbasins will have to be lowered at the sides to meet the flat grates. The top of curbs placed before 1985 as well as curb presently placed is below the existing surface, in some areas by at least one foot. Rough grading is usually done before placing curbs. On this project curbs are being placed first which will involve a considerable amount of excavation in the paved area as well as grading to the R.O.W. or more behind the curbs. The roads in this project are 36 ft. in width with curbs as called for on the plans dated 1974. Present major subdivision roads are asphalt with a 28 ft. width. 1 The type of pavement to be used for the 36 ft. width and the continuation of August Lane to Bayshore Road through Town owned R.O.W. to provide for a second entrance and exit will be further discussed with the owner and the Superintendent of Highways. John W. Davis cc: Southold Town Planning Board Highway Committee L. M. Tuthill, P.E. �FFO(,{� P •A D T LD s Y Southold, N.Y. 11971 (516) 765-1938 TO: Victor Lessard, Executive Administrator FROM: Southold Town Planning Board DATE: May 29, 1985 RE: August Acres Please note that the above mentioned subdivision has not been finalized. The applicant has begun roadwork, however, no building permits should be issued and none of the lots should change title. rg�FFD(/� D z � T LD Southold, N.Y. 11971 (516) 765-1938 September 28 , 1984 Mr. Lawrence Tuthill , P.E. Town Engineer 1215 Inlet Lane Greenport, NY 11944 Re: ellinger-Ihar major subdivision August Acres major subdivision Dear Mr. Tuthill: Enclosed are subdivision bond estimates for the above mentioned subdivisions . As you know, these subdivisions were both approved several years ago, however, the conditions of approval were never complied with and the approval expired. We are not in receipt of a performance bond either. On the advice of the Town Attorney we are re-scheduling these subdivisions for final hearings and request that you prepare an updated bond estimate for them. The hearings are tentatively set for October 22 , therefore, we would appreciate the new bond estimate prior to that. Thank you for your assistance in this matter. If you have any questions , or need any information please don ' t hesitate to contact our office . Very truly yours , BENNETT ORLOWSKI,JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze , Secretary enc . P D ti �c T D s `Y1 Y Southold, N.Y. 11971 (516) 765-1938 August 22 , 1984 F. James Posillico Posillico Construction Co. , Inc. 31 Tennyson Avenue Westbury, NY 11590 Re: August Acres subdivision Dear Mr. Posillico: The following action was taken by the Planning Board, Monday, August 20, 1984 . RESOLVED that the Southold Town Planning Board refer the Town Attorney's correspondence to Mr. James Posillico regarding August Acres, and the Board will make a field inspection of the property prior to setting a public hearing date. Enclosed is a copy of the correspondence from the Town Attorney. Since this is a new application for final approval, we will be refering the subdivision to the necessary agencies for their review and comments prior to the Public hearing. If you have any questions , please don't hesitate to contact our office. We will contact you if we need any further information for scheduling the hearing. Very truly yours , BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. _ , og�FFOUr�oIL'G 171984 OFFIC ORNEY ROBERT W.TASKER D TELEPHONE Town Attorney (516)477-1400 1 ,Yi 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 August 16, 1984 Mr. Bennett Orlowski, Jr. Chairman, Southold Town Planning Board Main Road Southold, New York 11971 Re: Major Subdivision Map of August Acres - Section I Dear Benny: This letter is in response to your letter to me of August 13, 1984, relative to the above subdivision, wherein you have requested my opinion as to the manner in which the Planning Board should proceed with this matter. It would appear from the information which you sent me that on June 27, 1975, the Planning Board granted conditional final approval of the subdivision map. It would also appear that the conditions imposed on such final approval have not been complied with by the applicant. Section A106-24F(2) of the Rules and Regulations for the subdivision of land provides, in part, as follows: "Conditional approval of a final plat shall expire within 180 days after the date of the resolution granting conditional approval unless such requirement has been certified as being completed." A similar provision is contained in Section 276 Subdivision 4 of the Town Law.• By reason of the foregoing, it is my opinion that the final approval of the subdivision map expired 180 days after the resolution conditionally approving the same since the applicant did not, within such time, meet the conditions imposed. It would, therefore, be my opinion that the Planning Board must request that the applicant file a new application for final approval of the subdivision map in question and then the Planning Board can proceed in the normal manner with the hearing and consideration of the final approval, including fixing the amount of a bond to guarantee the completion of improvements remaining uncompleted at this time. 4 Mr. Bennett Orlowski, Jr. -2- August 16, 1984 If you wish any further information or wish me to appear before the Board to discuss this matter in further detail, please so advise me. Yours very truly, e'v ROBERT W. TASKER RWT:aa �EFO(/r,, P T D S j Y Southold, N.Y. 11971 (516) 765-1938 August 13 , 1984 Mr. Robert W. TAsker Town Attorney 425 Main Street Greenport, NY 11944 Re: August Acres Dear Mr. Tasker; With regard to the above mentioned subdivision, enclosed are copies of documents explaining the events which took place between the Planning Board and the applicant in order to obtain final approval. 1. Preliminary hearing on May 15, 1974 . 2 ., Preliminary approval of August Acres with conditions on June 26, 1974 . 3 ., Suffolk County Department of Health Services approval on April 11, 1975 . 4 ., Official submission of final maps at May 5 , 1975 Planning Board meeting. 5., Final hearing on June 2, 1975. 6 . Town Board approved bond estimate on June 18, 1975 . 7 . Planning Board approval of final map with conditions on June 27 , 1975. 8 . Traveled Right-of-way statement received from J. Posicallo, August 4 , 1975 . 9. Review of subdivision plat in final form by Suffolk County Planning Commission, September 4, 1975. 10. Planning Board reaffirmed approval on October 6 , 1975 . 11.. Inspection fee paid on November 6, 1976. Mr. Robert W. Tasker • Page 2 Aug* 13 , 1984 ------------------------------------------------------------- There was no further action on this subdivision and the maps were never signed by the Chairman. We recently, however received a request from the principal for reapproval (see No. 12) . WE! have also received other information such as the surveys for the water main installation since this lies in the Village of Greenport Water District, and a new application. (see items No. 13-15 . ) The Planning Board requests your opinion on how to proceed with the applicant' s request for reapproval of this subdivision. It should,also, be noted that the bond was never posted with = the Town Board. If you need any further information in reviewing this subdivision, please let us know. Thank you for your assistance in this matter. Very truly yours , Bennett Orlowski, Jr. , Chairman Southold Town Planning Board /dms enclosures , with map FINAL PLAT (C{C� MAJOR SUBDIVISIONS ll 1 . Application in duplicate to Town Clerk 7 2 Z Original tracing 3/paper prints 12 paper prints_ 2 . Endorsement by County and State Agencies Suffolk County Department of HEalth approval vaiaqe� C.' ore-_import vQndiij� 3 . 1 copy to Town highway Superintendent 4 . Meeting with Planning Board (official submission) 5 . Report of Superintendent of Highways 6 . Report of Planning Board engineer 7 . Bond estimate received Amount 8 . PublicHearing (within 45 days) Advertised Affidavits of publication 9. Planning Board action (within 45 days) Authorization to sign map copy of action to developer 10 . Sent to County Planning Commission 11. Received County' s recommendations 12 . Planning Board approves bond amount 13 . Town Board approves bond amount 14 . Town Board received and and accepts it w io5ped ioh tee- Aq 15 . Map Signed 16 . Filed with County Clerk (within 30 days) 17 . Acceptance of roads by Town 18 . Release of Bond v ,. ,. G =' Southold Town Penning Board v- `U. 5OUTHOLD, L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa June 26, 1974 Alfred Grebe Henry Raynor Frank Coyle Mr. George Wetmore Main Road Greenport, New York 11944 Dear Mr. Wetmore: This is to inform you that the following action was taken by the Southold Town Planning Board at its regular meeting on June 24, 1974. On motion made by Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED that the preliminary map of subdivision known as "August Acres" , situate in Arshamomaque, Town of Southold, Suffolk County, New York, be approved subject to the follow- ing conditions: 1. Course line be designated on Kerwin Boulevard to cc:.form with the description. 2. Rights-of-way be shown on final map. 3. Description of property be shown as Section I exclusive of Section II. 4. 270 pipe be shown instead of 180 pipe on Pleasant Place. 5. Approval on roads and drainage be obtained from the Southold Town Highway Committee and the Southold Town Superintendent of Highways. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Grebe. Absent: Coyle. Yours truly, 221984 w APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (19HU9 WS) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . . . ...MIST.AGM. . .. .. . . . . . . . . . . . .. . .. . . . . . . . ... . . . . .. . ... . . . . .. .. .. .. . . .. . . .. .. . . . . .. . . . .. .. ... .. . . . . .. .. . . . . . . .. . . .. . . .. . . .. .. . . . . . . . .. ... . . . . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . .7107. . . . .. .. .. . . . . . . . Page .579-.5@4. . . .. .. . . . On .2/. .16,l.72. .. . . . . . . . . ; Liber . .. .. .. . . . . .. .... .. .. .. . Page . . . .. . . . . . . .. .. .. . . . . . On . .. . . . . . . .. . . .. . . .. . . . . ; Liber . . . . . .. .. .. .. . . . . .. . . .. . Page . . . .. . . . . . . .. . . .. .. .. . On . .. .. . . . . .. . . .. . . .. .. . . ; Liber . . . . . . . . . .. . . .. . . .... .. . Page . . . .. .. .. . . . . . . .. . . .. . On . . . .. . . .. ... . .. . . . . . ... ; Liber . .. .. .. . . .. .. .... ...... . Page . . . .. . . . . . . . . .. . . .. . . . On . . . . . .. .. .. . . ... ... . . . . ; as devised under the Last Will and Testament of . . . . . .. .. .. . . .. .... . . .. .. .. .. .. .. .. ... . oras distributee . .... .. . . .. .. ...... .. .. .. . . . . . . . . .. . . . . . . . . .. . . .. .. . . .. .. . . . ... . . ...... . . . . . . . . . . . . .. .. .. .... .. .. . ..... . ................ . . . . . . . . . .. .. . . . . . . . . . . .. .. . . . . .. ... . . . . . . . . . .. . 5. The area of the land is4 MAk.43. . . . .. . acres. 6. All taxes which are liens on the land at the date hereof have been paid @psIgt , ., , . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . . . .. .. .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . .. .. . . . . . . . . . . . 7. The land is encumbered by . . . . . . .. .. .. . . . . . . . . .. . . . . . . .. . . .. .. . . .. .. . . . . . . . . . . . . . . . . . mortgage (s) as follows: (a) Mortgage recorded in Liber . .. . . . . . . . . . . . Page . . . .. . . . . . . . . . . . . . in original amount of $. . . . . .. . . . . .. . unpaid amount $ . . . .. . . . . . . . . . . . . . . . . held by . . . .. . . . . .. .. . . .. . . . . . . . . . . . . . . .. .. . address . .. .. .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . (b) Mortgage recorded in Liber . .. . . . . . . Page . . . .. . . . . .. . . . . . . . . . . . . in original amount of . . . .. . . . . . . .. . unpaid amount $. .. .. . . . . . . . . . . . . . . . . . held by . .. .. . . . . .. .. . . . . . . . . . . . . .. . . .. .. . . . address . .. .. .. . . .. . . . . . . . . . . . . . . . . . . .. .. . . .. . . . . . . . . .. . . . . . . . ... . . .. . . M (c) Mortgage recorded in Liber . . . .. . . . . . . .. . Page . . . . . . . .. . . . . . . . in original amount of . . . ... . . . . . . . . unpaid amount $. . . . . . . . . . . . . . . . . . . . . . held by . . . .. . . .. . . . . .. . .. . . . . ... .. .. .. .. .. . . . . . . . . . address . .. . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . F. There are no other encumbrances or liens against the lam} t . . . .. . . . . ... . .. .. . . .. ... . .. . . .. .. .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. .. .. . . . . .... . . .. . . . .. . . . .. . 9. The land lies in the following zoning use districts .W4 .440. .. . . . . . . .. . . .. .. . . .. . . . . . . . . . . . . . . . .... .. .. . . . . .. . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . .. .. . . . . .. .. . . .. . . . ... .. . . . i0. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept T S.N. Cm cept . . . .. . . .. . . .. .. .. .. .. .. . . . . .. .. . . . .. . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . .. . . ..... . . . . .. . . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . . .G2=* $T.XATEB .DISTMILT. .?. . . .. . . . . . . .. . . . . ... . . . . . . . . 13. Water mains will be laid by . . . .. . . APP�.C�NT .. .. . . . . . . . .. . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . ..... . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .. . .U.WO .. .. . . . . . . . . .. .. .. .. . . .. . . .. . . . ... • • •• •• •• • . . . . . . . . . . . . . .. . . . . . . . . . . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . . . . . . . .. . . .. . . .. . . . . . . . . . . .. . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 1 M 22. The applicant estimates that the cost of grading and required public improvements will be $.166,,440. as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .. .. . . . . . . . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE: . . . . . .. .. . . . . . . .119.%. rosliLICR .Co".T. .CDO..INC«. . .. . ... .. . . . . . . . . (Name of Applicant) re and Title) 3.1 •TRNN ON AVI. VESTBO.YT.N.7,1T599. . . (Address) STATE OF NEW YORK, COUNTY OF . . . .. . . . . .. . . .. .. . . . . . . .. . . . . . . .. ss: On the . . . .. . . . . . . . . . . . . . day of. . . .. .. . . . . .. . . . . . . . . . . . .. .. .. 19. .. . . .I before me personally came . .. . . . . . . . . .. . . .. .. . . . . . . .. .. .. . . . . .. . .. .. . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . . . . . .. . . .. . executed the same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . Notary Public STATE OF NEW YORK, COUNTY OF . . . .1W$SSW. . . . .. .. . . . . . . .. . as: On the . . . . . . . . . .0. . day . .. . Jr!H�of . . . . . . . .. . . . . .. 19.1k ., before me personally came P. JAMES PO.4ILLICO . . . . . . . . . . . . . . . . . . . . .. . . to me known, who being by me duly sworn did de- pose and say that . . . ..fit. .. . . . resides at No. 8.AUGUST I.A. SOLD WESTBUR7 Fi Jt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that . . . . . . RX. . . . . . .. . . . . . . .. . is the . .. .. . . .. . SIOBIT .RT. . . . . . . of . . . .PQ$ MIPP. CQNST.. .N... .INC. . . . . . .. . . . . . . . . .. . . . . .. .. . . . . . . . . . . . . . . . the corporation described in and which executed the foregoing instrument; that . . . . . . . . . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that . . HE. . . . . . . signed . . . . . . . . 5. . name thereto by likes corder. PETER E. CESARSKY _. No. 30.060l�P�ry rubhc Qualified in Nassau County. Term Expires March 30, 19-)a$� RIDER TO DEED, DATED February 8, 1972 BETWEEN: FRED GOLaV AN and STANLEY GOLDMAS, Grantors and. JAMES POSILLICO , Grantee ALL that certain plot, piece or parcel of land, situate, lying and being in Arshamomaque, in the Town of Sotxthold , County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a point formed by the intersection of the southerly line: of lands of the Long Island Railroad Company with the westerly line: of Kerwin Boulevard , said point beginning being the northeasterly corner of parcel number two as shown on a certain map entitled, "Ar^.ercec. Map A, Peconic Bay Estates , situate at Arshamomaque, Town of Southold, New York, " made by Otto W. Van Tuyl under date of May 12 , 1933 , and. 4. filed in the Suffolk County Clerk 's Office as Map No. ' 1124 ; running thence along said line of Kerwin Boulevard three courses as follows : (1) south 34 degrees 59 minutes east 915 .02 feet; (2) south 68 degrees 22 minutes 50 seconds east 196 .51 feet; (3) north 79 degrees 54 minutes 0 seconds east 209.32 feet to the northwesterly corner of land of Rutkowski ; thence along said land of Rutkowski , south 10 degrees OC minutes 00 seconds east 121E . 0 feet; thence along said land of RutkC ,,ski and along the southerly and southwesterly side of the map above me tzionc the following three courses and distances : (1) north 79 degrees 54 minutes 00 seconds east 687 . 17 feet; (2) south. 44 degrees 12 minutes 40 seconds east 908 .48 feet; (3) south 61 degrees 11 minutes 30 seconds eas-. 159 . 50 feet; thence along land now or formerly of La Porta south 40' degrees' 48 minutes 40 seconds east 150.16 feet to the northwesterly cornc of land of W. Kalbacker; thence along the land of W. Kalbacker the f ollowinq two courses and distances : (1) south 44 degrees 19 minutes S0 onst 13P.74 font ; (2) north 60 degrees 00 minutes east 91. f.. e•L ^ - cont'inned . �i3cR72 8 PACE tt,-e P , PAGE 2 OF RIDES TO DEED, DATED February 8, 1972 BET=N: FRED GOLDMAN and STANLEY GOLDMAN, Grantors , and JAMES POSILLICO, Grantee b thence south 27 degrees 08 minutes east 50.06 feet to land 'of Adam Pekunka thence along. land of Adam Pekunka the following two courses and distances : (3) south 60 degrees OO minutes west 879 .13 £eet; ' (2) south r7 degrees 43 minutes SO seconds west 374 .36 feet to land of Charles S. Sage Estates ; tierce along land of Charles S. Sage Estate the following two courses and distances : (1) north 43 degrees 09 minutes 40 seconds west' 2736 .73 feet; (2) north 32 degrees 42 minutes 00 seconds west 214 . 26 feet to the south- eriv side of the Long Island Railroad ; thence north 55 degrees 01 minutes 00 seconds east along th6'4outherly side of lands of the Long Island Rail- road 405.60 feet to the point or place of begirininq. Excepting therefrom the Lots 556 and 557' as shown on, said map No. 1124. Together with ail easements and rights of way appurtenants to said premises , included a righ' or way 50 feet in width between lots no. 122A and 119 as shown on said map ; said right of way extending from Bayshore Road to the premises hereinbeforr. Cescribad, and all of the right, title and interest of the parties of the first part of, in and to the lands under the highways adjacent to said premises to the center line thereof and of , in and to any and all str-ns and gores of land adjacent and appurtenant to or abutting the her_einbefore described premises. t 'I RODERICK VAN TUYL (L.S.) OTTO W.VAN TUYL COLIN VAN TUYL RODERICK VAN TUYL, P. C. Professional Engineer (Retired) JUN221984 Licensed Land Surveyors FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 A (516)477-0170 June 21 , 1984 Posillico Constr. Co., Ino, 615 Old Country Road Westbury, N7 11590 Atts Fred Posillico Re: "Augm!;it Acres" Dear Fred: "rnelosed is a print showing the proposed conveyance of thwz suall parcel to Barsezewski, compris7np, part of lot no, 23 shown on the subdivision; w p of "August Acres" weer Oreeuport# and .i.ildlcatin , tt.e fiinersiaas -i cares involved in oreier -co exclale3 thz4t portic., from t 1e fival a p. i copy Of thi;i is also being sprit to the Town Plan- ning Board fur iifurr:.stion. The area in the b-l.ance of lot 239 41 ,586 sgtLire feet, is Of CO-,-3e sti 1l in co.-ILIi .nc. r.tt1, tT e zoni.3W, rflG117.T'E91.c621td• '].is Board has no objections, and it thi:i i.iaets with Your u.,,prov.u, we can provide a descriptior, of that parcel for conve Lfmj�oa to 13arsozewski. cgs Southold Town. Plaw;irzF hoard R. va i :uyl, PC Atts PL�nn--l}€; Board Mr. Posillico is planning to pursue the completion of the road construction _r. "August Acres" and the filing of the subdivision map. He will be in contact with you„ if not already done. rose r iCO CONSTRUCTION COMPANY, INC. -jVh 22 1984 EXCAVATING AND ROAD BUILDING 516•EMEWOOD 3.06" 31 T="SOS AVE, VEMURY, N.Y. 11590 June, 19, 1984 Planning Board Town Of Southold New York Re: August Acres Dear Sirs: As requested, we enclose herewith a new application form to accompany other documents vubmitted May 8, 1984. Also sub- mitted to you under separate cover were Greenport Water District water main plans and also sketches prepared by R. Van Tuyl, Indicating modification to Lot 23. We hereby request a hearing to seek (1) Your approval of the transfer of a portion of Lot 23 to adjoining property owner, M. Barsczewski, as shown on the sketch. Transfer, of course, will be subject to formal accept- ance by M. Barsczewski and final approval of the map, and 2) your final approval of the map and/or extension pending final agreement with the Greenport Water District. We would appreciate receiving notice of bearing date, Thank you. Yours truly, 09 CO FJP:hc 9 . 0 0 JUN 1419$4 POSILLICO CONSTRUCTION CO., INC. OLD COUNTRY ROAD AND TENNYSON "E. WESTItURY, N. Y. S/6-333 d(ololo TRANSMITTAL To Pl(Z.ud..d4r %ryeJ o� �r/�le Address Attention: We are sending herewith CONTRACT PRINTS As follows: A ,'row �!!� /�GEtif f�lCO�o r/E Coal✓L'�15���`/O.�/./E�SrEd AI /�/sI/i6.�L/.li/eu Sq'�LC!"eaJ� // ��1/R��.•/ �f �,�j�.rG %c�4// /2�l�si�c� n/�s� covf�Cf riiss o�%re. Yours truly, Received POSILLICO CONSTRUCTION CO.. INC. • q1ft 9 190. POSILLICO CONSTRUCTION COMPANY, INC. EXCAVATING AND ROAD BUILDING 31 Towson Avenue 516-EDGEWOOD 3-0666 WEMURY, N.Y. 11590 Planning Board Town of Southold Southold, N.Y. 11971 Dear Sirs : Enclosed herewith are copies of original application for subdivision of August Acres and a copy of Planning Board approval of preliminary map. Since the approval was granted, the roads have been rough graded, the storm drainage has been installed, and about half the curbs have been installed under Highway Department inspection. The Greenport Water District has prepared a plan for water main installation. We are awaiting from the District an agreement regarding such installation. We hereby request your scheduling a public hearing for review and reapproval of the subdivision map for August Acres and your notice of fee requirement for same. Thank you . Yours truly, ames Posillico Vice President MAY 9 i, APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning; Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . . . v�y . . . .. .. .. .. .. ... .. . . . . .. . . . . . . . . .. .. . . .. .... .. ..... . ... .... ... . . . . . . . . .. . . . . .. . . .. .. . . . . . ....... ....... . . . . .. . . . . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: c� Liber . ...71A 7..... ... . .. . Page `S 7!' 3��. .. On ��//Y. . .. . . . , Liber . .. .. .. .. ............... Page ... .. ........ .. .. .. ... On . Liber . ... . .. .. ............ .. . Page . .... . . .. .. .. .. .. .. .. . On . . . .. .. . . .. .. .. . .. . . . . , Liber . .. .. .. .. .. .. .. .. .. .... . Page . .. .. .. . . . . . . . . .. .. ... On . .. .. .. .. .... .... .. . . . , Liber . .... .. .. .. .. ........... Page . .. ...... ...... .. .. ... On ......... .. . . e e ast t an nt of . .. . ... .. ...... ........ .. .. .... .... . oras distributee ..... .. .. .. .. ............ .. .. . . .. .. . . .. .... .. . . .. .. .... ....... .. .. .. . . . . . . . . . . . .. . . . . .. .. . . .. .............. .......... .. . . . . . . . . . . .. . . . . .. .. .. .. .. .. .... ..... . . . . . . . . . -r 5. The area of the land is ... .. .`f3. .. .. . acres. 6. All taxes which are liens on the land at the date hereof have been paid except .�77 . . . . . . . . . . . . . . . . . . . .. .. . . . ... .. .. ........ ... ....... . . . . . . . . . . . . . . .. .... .. . . .. . . . . .. . . . .. . . . . . . . . . .. 7. The land is encumbered by . .. . . .. .. .... .. .. .. . . . . .. .. .. .... .. . . .. . . . . .. . . ... . . . . .. . . . . . . mortgage as follows: (a) Mortgage recorded in Liber . .. ...-..7..... .. . . . Page . .. . . . . . . . . . . . . . . . in original ammoun: of 7�.. ✓.. . . unpaid amount $ ./. .9,. r3. !�.�. . . . . held by/-'� ED r/ J%y uc��$. . . .7. .... ou .. . . . . . . . . . . . (:4v q!"'. . address / --/ ,,//G (b) Mortgage recorded in Liber ... .. .. .. Page . . . .. . . .. .. ......... .. . in original amount of . .. .... .. . . .. . unpaid amount $. . . . . . . .. . . . . .. . I . . .. . held by . .. .. . . .. .... .. . . - . . . . ............. . address . .. .. .. ..... . . .. . . . . . . . . . . . . . . . .. .... .. . . . . .. .. ..... . . ... . . . . . (c) Mortgage recorded in Liber Page . . . .. . . .. .. .... . in original amount of ... .... . . . . .. . unpaid amount $. .. . . . . . . .. .. .. .. .. .. . held by .. . address . .. . . . . .. .. .. .. .. .. .. .. .. . . .. . . . . .. . . . . . .. .. . . . .... 8. There are no other encumbrances or liens against the land except . . . .. . . . . .... ..... . . . .. . . . . . .. . . . . . . . . .. . . ...... ...... .. . .. ... .... . 9. The land lies in the following zoning use districts , s.... .. .. .. .. .. .. .. .. . ... . .. . . . . .. . . .. .. . . . . ........ ...... .. . .. . . . .. .. . . 10. No part of the land lies under water whether tide water, strearp, pond water or otherwiac, rn• cept NQ /l 'T' S . . . . ... . . . . . . . . . . . . .. .. . . . . . . .. .. .. .. ....... .... ... .. . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ... .. .. .. .... .. . . .. . . .. .. . . .. .. .. .. .. .. .. .. ..... . . . . .. .. . . . .. . 13. Water mains will be laid by . . . .. .. .. .. .. . . .. .. . . .. .. .. ... . .. .. .. . . .. .. ..... .... . . .... . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . ,..... lines. ... .. .. .. .. .... .... . ... .. ....... .. .. . and (a) (no) charge will be made for installing said 15. Gas mains will be installed by and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- diivision maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule D . 22. The applicant estimates that the cost of grading and required public improvements will be $. •••.,, •. . as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .. .. .. .. .. . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE ..... .. ............. .. 197y. (Name of Applicant)By Z �4�. . . . . .J. . . . .. . . . (Si� e nd Title) . . . .. . . . . .. .. .. .. ..i. .............. .......: . (Address) STATE OF NEW YORK, COUNTY OF . .. .. .. . . .... .. .. .... .. .. .... . . ss: On the . . . .. .. .. ........ . day of. .. .. .. .. . . . . ... . . .... . . .. .. .. 19. .. . . .. before me personally came "'••'• "•• •• •• •••• ••.... .. • .•• •• •• •• ••... . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . . . .. .. ..., . executed the same. . . . . . . . . . . . .. ... . . . . . .. .. .. ........ . . ... .... . . Notary Public STATE OF NEW YORK, COUNTY OF .. . . s. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. . ss: Y �� of . .. . . .. . . . ... .. 19.�: . ., On the . .. .���,, , , / . . . da . .. .. .. .. ., , ,yL before me personally came '//. . .. . . . . . . . ......... . to me known, who being by me duly sworn did de- pose and say that . .. .. f!4`.. , resides at No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that �! r. . .. .. . . .. . .. . .. . _ . . . . .. . is the �tc . . . . .. . . .. .. . of . .. /F .%- /LL/G O. . . .CU NJT C, �...r C . . . . . . . . . . . .. .. .. . . .. .. .. .. ..... . . . . .. . . . . . . . . the corporation described in and which executed the foregoing instrument; that ... ../"�' ,, knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that . . . ./ ... signed . .. ...f!'.J.. . name thereto by like order. .. .. .. .. . .. .. . ... .. . .... ary Public PAUL H. HOLMES NOTARY P'I,HIC. State of Nevi York P:o. 3C.4.5C5903 Q"'lined in Nue-ju Courtly / .inn Gcpiros March 30. 19.�]. r MAY .VSZ:.L:CV CONSTRUCTION COYv :n:�., LNTC. EXCAVATING AND ROAD BUILDING 615 OLD COUNTRY ROAD 516.EDGBWOOD 3-0"6 WEMURY, N.Y. 11590 P. O. BOX NO. 881 2/14/74 TO W9101,1 IT N,AY CONCLRN Following is the complete list of stockholders, officers, and directors of Posillico Coast. Co., Inc. ; Joseph Posillico, Pros. F. James Posillico V.P Yary Hosato Sec. Anthony Posillico Tress. None of the foregoing is financially involved with the Town of Southold, its officeholders, or employees. F: James Posillico, Vice. P. (';:cw York `,p,;,-,?I._;.p llapi�es irizrch 30, 10� � v�i •�r J I,IVw �.,.'W. h.DEn ' O DEED, DATED February S, 1972 ;i BETWEEN: FRED GOLDMAN and STANLEY GULDMAN, Grantors and JAMES POSILLICO , Grantee MAY 9 1984 AI.L that certain plot, piece or parcel of land, situate, lying and being in Arshamomaque, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a point formed by the intersection of the southerly line of lands of the Long Island Railroad Company with the westerly line of Kerwin Boulevard , said point beginning being the northeasterly 0 corner of parcel number two as shown on a certain map entitled, "Amended Map A, Peconic Bay Estates, situate at Arshamomacque, Town of. Southold, New York, " made by Otto T4. Van Tuyl under date of May 12 , 1933 , and filed in the Suffolk County Clerk's Office as Map No. 1124 ; running thence along said line of Kerwin Boulevard three courses as follows : (1) south 34 degrees 59 minutes east 915. 02 feet; (2) south 68 degrees 22 minutes 50 seconds east 196 .51 feet; (3 ) north 79 degrees 54 minutes 0 seconds east 209.32 feet to the northwesterly corner of land of Rutkowski; thence along said land of Rutkowski , south 10 degrees 06 minutes 00 seconds east 125. 0 feet; thence along said land of Rutkowski and along the southerly and southwesterly side of the map above mentioned, the following three courses and distances : (1) north 79 degrees 54 minutes 00 seconds east 687 .17 feet; (2) south 44 degrees 12 minutes 40 seconds east 908 .48 feet; (3) south 61 degrees 11 minutes 30 seconds east 159 . 50 feet; thence along land now or formerly of La Porta south 46 degrees" 48 minutes 40 seconds east 150 .16 feet to the northwesterly corner of land of W. Kalbacker; thence along the land of W. Kalbacker the following two courses and distances : (1) south 44 degrees 19 minutes 30 . .:on3r aunt .139.74 foet; (2) north 60 degrees 00 minutes east 91. 0 feet; conti niied - L13H V_ut via �s PAGE 2 OF RIDER TO DEED,' DATED February 8, 1972 BETWEEN: FRED GOLDMAN and STANLEY GOLDMAN, Grantors , and JAMES POSILLICO , Grantee I��Q `thence south 27 degrees 08 minutes east 50.06 feet to land 'of Adam Pekunka; thence along land of Adam Pekunka the following two courses and distances : (1) so!,th 60 degrees 00 mir:utes west 879 .13 feet; ' (2) south 47 degrees 43 minutes 30 seconds west 374.36 feet to land of Charles S. Sage Estates; thence along land of Charles S. Sage Estate the following two courses and distances: (1) north 43 degrees 09 minutes 40 seconds west* 2736 .73 feet; (2) nortY.� 32 degrees 42 minutes 00 seconds west 214 . 26 feet to the south- erly side! of the Long Island Railroad; thence north 55 degrees 01 minutes 00 seconds east along the southerly side of lands of the Long Island Rayl- road 405.60 feet to the point or place of begirininq. Excepting therefrom the Lots 556 and 557' as shown on. said map No. 1124 . Together with all easements and rights of way appurtenants to said premises , included a right or way 50 feet in width between lots no. 122A and 119 as shown on said map, said right of way extending from Bayshore Road to the premises her_ei.nbefore described, and all of the right, title and interest of the parties of the first part of, in and to the lands under the highways adjacent to said nremises to the center line thereof and of , in and to -any and all strips and gores of land adjacent and appurtenant to or abutting the her ei_nbefore described premises. ;SPECTION RcfiORT i a C . n , Su erinten(!<: tit NO. 73 y �;e artment DATE : July 27, 1979 co . ' )' A, a York 11971 - . . rfs . . . . . . . . .. AUGUST ACRT;S at AFSFAMOhAQUE RE : ROAD PTO F LES ;_3' .an, as ,eyr sted, w look over curb grades on !.e s��bdivision. _I,e c:rb con,ractor for the, owner, Posillico Const. Co., T c, i4r. Rc�at''a r� r=Ir _en'ii,g Posillico was also at the meeting. C rrb :cork .:as s'carted on July 24th. 'There was no notification of this work rntl l a -'none call to M..r. R. D. Dean from Heidtman just prior to pouring curb (concrete tr,,cks re in it sit). 'here had been a question o£ correct curb grades set by Van Tayl. T;e fi s'; s'.akeout sho.aed top of curb to be 2.51 ft. below sections of the rough Er ci' n on fie_ Blvd. Heidtman was concerned aryl went to Van Tuyl. Van Tuyl raised the nd c(:rb eras placed. F, a �3.�p-L ;:- -'' inr> c, rb placed to date agrees with Van 'ILyl profiles dated April In. �o•j1, - ._ gi;t, ?`o. 7289..-6 -,aiaich a:re approved. I cco.`nc`::ra P. 'Ian Tayl at his office. He showed me a print with proposed lwrered ' l_a ^s ?ated Sept. 16, 1975, said it had been subrritted by P'as ;l-lio, that 'iad oc n aced in 'hc first s' �kcout as 'ram thought grading had. been done r�t'ze revision. iv"ren it ,:s knoan that the gr pie change as not a1jproved3 o, ' I_•;al eLrb --rides were restal-ed. According to Rosatta, Posillico did grade to the lowered profiles (apparently thinking approval r;as forthcoming). These areas were then backfilled to conform to the original plans and in some cases filled 'too high. ^a:zorand.; n dated Sept. 20, 1975 from L. M. 7hthill recommended that ti,e prs--file ges should not be used. Foo+-notes on the memo (Sept. 24, 1975) indicate hosillico '_'c_3rd T'('Ce'-ved copies. -n -tt,is y :ixliv sicn to meet the approved profiles Will '<_+olve a of andl.ed e-uavati_on. . -old - :n 1=1.anning Bcard r r _y (' it tee T- , , , , 12 11NSPECTION REPORT No. 21 TO: Raymond C. Dean, Superintendent Date: October 132 197 mown A Department -- 9OUthold, New York FROM: John W. Davis RE : AUGUST ACRES at Arshamomaque COMMENTS : Met Mr. George Gulino of Residential Fences Corporation, contractor for recharge basin fencing for above subdivision. He had reglzested inspection of the fence. Work had been started this week. Fencing was completed today at R.A. in drainage area (right side of Kerwin Blvd., west side of Lot No. 1) . Fence and gate enclose area 100 ft. by 240 ft. R.B. fence at easterly side of intersection at Kerwin Blvd. (Extension) and Pleasant Place, not completed. Owner has to do some grading before this fence installation can be finished, 70 ft. including gate remains to be done. Fence will enclose area lb0 ft. by 160 ft. Fence material, gate posts, corner posts, line posts, top rails, braces and green vinal coated mesh conform to Specification Dwg. No. SD-764. All posts are set in concrete. Gal- vanizing appears satisfactory. Chain and locks should be provided to secure gates. When all fence installation is completed contractor will notify me. Both R.B.'s hold water from 1 ft. to 2 ft. in depth and have heavy vegetation in sections of bottom areas. No other work has been done on this project for quite some time. There is heavy brush and weed growth on most of the area. Roads have been roughed out only. Drainage installations are in place including headwalls on discharge lines into recharge basins. 'the catch basins and leaching pools may be set to grace, as in nearly all cases, they are well below existing ground. All structures now have grates and covers. Backfill has not been completed at some of the pipe trenches and catch basins, leaving a dangerous condition, for children from the nearby populated areas. `this backfill situation has been noted in a prior inspection report. I talked with. a Mrs. Weber whose property borders on Lot No. 14 and the end of Wells Lane. drainage structures mere have not been completely backfilled. Mrs. Weber had called in a complaint regarding this matter. In the interest of public safety the owner should be ordered to backfill the drainage structure excavation to existing ground level. Catch basin grates could be covered with plastic or other materials before filling in. Southold Planning Buard t;.i : -Highwa}r uommittze ` -L. M. Tuthill, P.E. RECEIVED OCT 16 1978 - 8Y SOUTTOWN , /��L4� U/� 61/ HIGHWAY WAY DEPARTMENT ARTMENT v EDWARD J. BAGE PROFESSIONAL ENGINEER INSPECTION REPORT No. .16.5..... Ra and C Dean Su t Ma _26 ...1 , , ...TO: .....,Y.rr!............:.............f........P...'.. DATE ..... .Y . .t .Q7 . ........ I Town..Hi ...Department TIME ................................................ . ........ .....phwaY Southold,...N:Y...................... WEATHER................................ i E RE: .....AUGU ...ST ACRES. . .. .. . .... ........................................ i COMMENTS: No work has been performed on this subdivision for some time. The work that has been performed has been left in a condition that my cause bodily injury to children playing in the area. The catch and leaching basins that have been installed have not been completely backfilled, one of the leaching basins at the end of Wells Lane is missing a cast iron cover, and the two recharge basins contain water at all times. RECOMMENDATIONS: The catch and leaching basins should be covered with several layers of plastic and then covered over completely with soil, the two recharge basins should be fenced in immediately. w EDWARD J. BAGE PROFESSIONAL ENGINEER INSPECTION REPORT No. .191...... p: ,Raymond..P.,...QVIDA...5114ti.,..... DATE ..DB 2Mbes..16.*...1517fi... .H UNAV...DapArtP)RA.t.............. TIME ................................................ Southolda..N.Y....................... WEATHER............... ............................ RE: Augumt A ;KRR .......... ...................................... COMMENTS: I have inspected the site on four occasions and have found the following work to have been accomplished: 1. The road right-of-ways have been cut to approximate grade. 2. The two recharge basins have been shaped to approximate con- figuration and the headwalls have been installed. 3. All leaching and catch basins and all interconnecting drainage pipe have been installed. 4. The overflow from the recharge basin at the entrance to the subdivision has been installed. All work performed to date has been performed in a sstisfa�tory :ndworkmanlike manner. ECOMMENDATIONS: EDWARD J. BAGE PROFESSIONAL ENGINEER INSPECTION REPORT No. .M...... TO: . Rz,ympnd..C.,_..Qean,..Supt.,..... DATE ..Recembe.r... fi....194fi... HiabWAY..R>;A.artmsnt.............. TIME ................................................ Scut.h. ldx..N.Y........................ WEATHER........................................... RE: ?ucust. Acres ...................................... COMMENTS: I have inspected the site on four occasions and have found the following work to have been accomplished: 1. The road right-of-ways have been cut to approximate grade. 2. The two recharge basins have been shaped to approximate con- figuration and the headwalls have been installed. 3. All leaching and catch basins and all interconnecting drainage pipe have been installed. 4. The overflow from the recharge basin at the entrance to the subdivision has been installed. All work performed to date has been performed in a satisfactory and workmanlike manner. RECOMMENDATIONS: A l 742 (o �ay, 6zrr�la_�L'u- f ✓1u/ZLco _ c 3ef - __-- -��/.EL�f1_2r�•✓ �LN"+^' y�-y/Jy�A.-v�-y>-rr�>,.C��L7yLc—sue✓__-- 17 r _��1✓/7 i� - _._ ____- !.,�_�/J'7'�..E✓LG�1 i� !! 'f �J rr r Zc- ®�%�e�s•�.�-- ..__._! / r 1s//�/� :�.._. ___. /LG-L`/.,. [.,4��_L�cY�z�-�-ear--�, . ✓�--�—e=_-___�__ _ .-5"/�/ems �_n~� _._ ✓� • r_ 1� /� - Z _ __—��%'/ems ��L�_� �s�•�����- •�G�>G. �7.:. �v _ _/�'zta rz�c�i nr�i�-�-"..e.-per.-, Jam,�LG.r.--`-f-.�..L`�-�t�c_` --,!_ice .._--- .. - '':.__�........._.. . c ::. _ _C.- eF� t�,:"� � .tom c"�. .'�C..... •',-'(, - a . .- ------- ---,— �-� ���-�_ Diu __��f-mac, _ ��.c�c/--• l rIINALAT 1. Application in duplicate to Town Clerk Original tracing ✓ Ploth prints ✓ a paper prints (6 if under County jurisdiction) 2. Endorsement by County and State agencies 3. 1 copy to Town Highway Committee 4. Meeting with Planning Board (official submission) �- 5. Report of Supt. of Highways (within 30 days) 6. Report of Planning Board Engineer (within 30 days) �2;1Z:5- 7. Bond estimate :received ✓ Amount '' 8. Public Hearing (within 45 days) Advertised ✓ Affidavits of publication received r 9. Planning Board action (within 45 days) Authorization to sign Copy of action to developer 10` Sent to County Planning Commission eived County' s recommendations 11. Planning Board res lution recommending amount of bond_w� ;;,�- 12. `.Gown Board approva�tamount of bond ��0,11-4- 13. Town Board receives ,bond and accepts it 14. Map signed i 15. Filed with County Clerk (within 30 days) 16. Acceptance of roads �y Town 17. Release of bond 9 -,,4a 0 r 0 POSnMCO CONSTRUCTION COMPANY, INC. EXCAVATING AND ROAD BUILDING 613 OLD COUNTRY ROAD IDCEWOOD 3-0666 November 5, 197: Southold Town Planning Board Main Road Re: August Acres Southold, New York 11958 Dear Sirs: Enclosed is our check in the amount of $9400 covering the inspection fee costs in accordance with Mr. Tuthill's estimate of costs. We will proceed with the installation of the drainage system starting on or about Nov. 8, 1976 followed by certain other miscellaneous work including curbs if weather permits. Subsequently we will file the bond for the uncompleted portions. Yours truly, PO!3IMICO CONSTr t0vj INC. FJP:mr F.James Posillico Encl. POSILLICO CONSTRUCTION CO.. INC. OLD COUNTRY ROAD AND TENNYSON AVE. WESTBURY, N. Y. :SMITTAL =n: sending herewith — CONTRACT PRINTS -Ws: 7 G / ived_ Yours truly, POSILLICO CONSTRUCTION CO.. January 30, 1976 Mr. George Wetmore, Jr. North Road Greenport, New York 11944 Dear George: I mentioned to you previously that there was a conflict in the name "Pleasant Place" for one of the roads in the "August Acres" subdivision. There is also a "Pleasant Place" in the Terry Waters subdivision in Southold. The Planning Board discussed this matter at our last meeting on January 26, 1976 and it was the consensus of the Board that this be changed. Yours truly, Muriel Brush, Secretary Southold Town Planning Board October 16, 1975 Mr. Charles O. Lind, Chief Planner Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, New York 11787 Res Map of August Acres, Section One West side of Kerwin Boulevard. 1373' south of Main Road, Arshamomaque Dear Mr. Lind: The following action was taken by the Southold Torsi Planning Board at a regular meeting held October 6, 1975. RESOLVED to reaffirm action approving the subdivision known as "August Acres" for the following reasons: 1. All ponds in the subdivision are menmeds. 2. The Kerwin Boulevard - Bay Shore Road intersection was resolved after review of many alternatives. "-'m 3. The larger radius was not considered of importance due to the general character of the vicinity and the fact that road endings are a short distance Uway. 4. The inconvenience and proper development of the entire area caused by a superblock far outweighed the advantage of eliminating Wells Lane. 5. The reference to the site distance at the Bayshore Road - August Lane will be sent to the Southold Town Highway Department for implementation. Yours truly, Muriel Brush, Secretary Southold Town Planning Board LAWRENCE M. TUTHILL PROFEaaIONAL ENGINEER INLET LANE EXT. GREENPORT, N.Y. 11944 o NE[N►ONT Sept. 20p 1975 MEMORANDUM To: Mr. Raymond C. Dean, Southold Town Supt. of Highways Peeenic Lane Peconics N.Y. Re: August Acres proposed grade chances dated Sept. 16,1975 1. In general the ohnages in grade for the above named Subdivision are increasing the amount of cut and are not in aocord with the normal accepted grades of balancing the out and fill as required by Southold Town. 2. It recommended that these changes be deemed net acceptable. LAWRENCE M. TUTHILL PROFENt1ONAL ENOINEER INLET LANE EXT. OREENPORT, N.V. 11944 5M99MFOET 7-16OX Sort. 19, 1975 MOORANDUM To: Mr. Raymond C. Dean, Supt. of Highways, Southold Town Peaenic Lane Reconic, Y.S. Re: August Acres Posillise request to use Belgium Blocks and el&*1xhbe recharge basin 1. I see no objection to the use of belgium blocks for use in the curbs as shown on the sketches. 2. The elimination of the recharge basins is against the general policy of-the town in its attempt to keep the ground water level as high as possible in case of droughts. LAWRENCE M. TUTHILL PROFE8/1ONAL ENOINCER INLET LANE EXT. GREENPORT, N.Y. 11944 GRCCNAGRT 7-1652 Sept. 18, 1975 Southold Town Planning Board Main Road Southold, N.Y. ie. August Acres Suffolk County Planning Commission Jbport "entlemen: With reference to the above moat: oned resort, I would like to note that the Town Planning Board spent many hcurs discussing many of thi same joints as listed in the report. As listed in the re-ro-t the following comments are made. 1. All ponds in this subdivision are man wade. 2. The Kerwin Blvd.-Bayshere Fd. intersection was resolved after review of many alternatives. 3. The larger radius was not considered of importance due to general character of the vicinity and the fact that road ending are a short distance away. 4. The inconvience an, proper development of the entire area caused by a o1aper block far out weighted the advantage of eliminating of Wells Lane. 5• The reference to the site distance at the Bayshore ad. -August Lane will be sent to the Southold Vawn Highway Department for implimentatien. It is my personal opinion that the County Planning Commission when visiting the site, should also read the minutes of the Town planning Board so as to be informed as to why such decisions were made. Sincerely yours, t ;p . A. COMMISSION Seth A. Hubbard Chairman Lee E. Koppelman Director of Planning Suffolk County Department of Planning JOHN V.N. KLEIN, County Executive Veterans Memorial Highway Hauppauge, L. L, N. Y. 979-2920 September 4, 1975 Mr. John Wickham, Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Map of August Acres, Section One West side of Kerwin Boulevard, 1373' south of Main Road, Arshamonaque Dear Mr. Wickham: The Suffolk County Planning Commission at its regular meeting September 3, 1975, reviewed the above captioned proposed subdivision plat referred to it pursuant to Section 1333, Suffolk County Charter. After due study and delib- eration, it did take the following action: The Map of August Acres, Section One, as submitted, was approved subject to the meeting of the five following conditions. 1. The storm water drainage system shall be redesigned to prevent the direct discharge of storm water into any pond or any other body of water. 2. Careful study shall be given to the development of the intersection of Kerwin Boulevard and Bayshore Road with consideration given to the creation of either a "T" intersection or the installation of a suitable island in the proposed intersection to separate traffic. 3. A larger radius curve (minimum center line radius of 225') shall be used in the vicinity of Lots 24 and 25. 4. Wells Lane shall be eliminated to eliminate the creation of an un- satisfactory intersection. 5. Sight distance can be critical for cars entering Bayshore Road from August Lane; therefore, steps shall be taken to insure that when this inter- section is developed that adequate sight distance will be provided. COMMISSION Seth A. Hubbard Chairman Lee E. Koppelman Director of Planning Suffolk County Department of Planning "��� JOHN V.N. KLEIN, County Executive Veterans Memorial Highway Hauppauge, L. L, N. Y. 979-2920 August 14, 1975 Mr. John Wickham, Chairman Town of Southold Town Planning Board Main Road Southold, New York 11971 Re: Proposed Map of August Acres, Section One at Arshamomague Dear Mr. Wickham: The Commission is in receipt of the proposed subdivision of property of Posillico Construction Co. , Inc. This map will be reviewed by the Com- mission at its next regular meeting, September 3, 1975. The Commission now has 45 days in which to review proposed subdivision plats. Very truly yours, Lee E. Koppelman Director of Planning by �(i��(✓^ Charles G. Lind Chief Planner Subdivision Review Section CGL:fp Encl: Notice File: S-SD-75-10 •SILLICO C•STRUCTION CONP ANY, INC. EXCAVATING AND ROAD BUILDING 615 OLD COUNTRY ROAD 316-BDGBWOOD 3-oW WESTBURY, N.Y. 11390 August 4, 1975 Southold Town Planning Board Southold, L. I., N. Y. 11971 Re: August Acres Dear Sirs: In accordance with provisions of Chicago Title Insurance Co., Policy #71-S-05382, "Policy will insure that upon filing of a new subdivision map, the easement for the benefit of lots 556 and 557 on map #1124 will be limited to a street or streets on said map from said lots to Kerwin Blvd." Accordingly we submit that our proposed subdivision map of August Acres provides proper access to lots 556, 7 and owners of such lots have no vested interest in the present un*Wined travelway to Kerwin Blvd. Continuous access will of course be provided by us during the construction period. Yours truly, rosl=a Co.,' INC. JP:mr James Posillico cc: Mrs. S. Corwin Mr. G. W. Wetmore July 23, 1975 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 13339 Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: Name of Plat - August Acres, Section I Hamlet - Arshamomaque Town of Southold Material submitted: Prop plat - 3 copies; Grading plan - 1 copy Profiles - 1 copy; Drainage plan - 1 copy; Topo - 1 copy The Southold Town Planning Board has approved the final map of this subdivision subject to the receipt of a state- ment on the travelled road. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Enclosures June 27, 1975 Mr, George Wetmore Route 25 Greenport, New York 11944 Res August Acres Dear Mr, Wetmores The following action was taken by the Southold Town Planning Board at a regular meeting held June 23, 1975. "RESOLVED to approve the final map of the subdivision known as 'August Acres' subject to receipt of right-of- way (travelled road) statement, review of the Suffolk County Planning Commission, and acceptance of the bond by the Town Board. " You realize, of course, that we will also require the inspection fee which is four percent of the amount of the approved bond, Yours truly, Muriel Brush, Secretary Southold Town Planning Board i rn OFFI ERK T D JUDITH T. BOKEN TOWN CLERK TEL ES 765- ,� yao •19TRAR OF VITAL STATISTICS SOUTHOLD, L. I., N. Y. 11971 June 18, 1975 Southold Town Planning Board Southold, New York 11971 Gentlemen: The following resolution was adopted by the Southold Town Board at a regular meeting held on June 10, 1975 : "Moved by Justice Suter, seconded by Councilman Rich, it was RESOLVED that the Southold Town Board approves the amount of $235, 000.00 bond as recommended by the Southold Town Plan- ning Board for roads and improvements in the subdivision of "August Acres", located at Arshamomaque, New York, and owned by Posillico Const. Co. , Inc. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. " Very truly yours, Judith T. Boken Town Clerk BEFORE. 1'HE PLANNING BOARD OF THE POWN OF SO[ 'THOLD . I- -k< COUNTY, NEW YORK -- - --- -- --- -- ------ ------- - -- --- ----X In the :Flatter of the Application for Approval of-a Subdivision Map for Affidavit ACTGL'ST ACRES ---- --- -- - -- ---------------- -------- ------------- --------- -X STATE_ OF NEW YORK : COUNTY OF SUFFOLK)ss. : GEORGE WETMORE, JR. , being duly sworn, deposes and says: I have represented the non-resident owner of the property involved in the above-entitled matter in connection with certain problems arising out of this subdivision map and make this affidavit because of a question which has arisen as to the pond shown on Lot 1 . The pond shown is not a natural body of water. It is man-made, having been dug by or for one Albert Sledjeski, now deceased, in the early 1950's for use as an irrigation pond for the nearby acreage which he had under cultivation. The existence of the depression shown as a pond in Lot #1 was necessarily shown because of the existing topography. If the map is approved and an application for the erection of a dwelling thereon should ire made, it is proposed that the depression would be filled in. This affidavit is made both to the Southold Town Planning Board acid the Suffolk County Department of Health and there is no objection to an endorsement on the map of a condition for the filling in of Lot 1 preliminary to the issUance of a building permit as to it. --------- ------ George Wetmot Tr. Sworn to before me this 1 day of �,it �'!l�- 1975. STANLEY S. CORWIN NOTARY PUr,: I';, Sate of New York <.q No. .. P�. ,:1 Z, Qualified N 3uffoik County Commission,Expires March 30, 19..._ T €7 s ,b . preliminary to the issuan( e of a building permit as to it. C.c•orge Wetmor,•, .Tr. Sworn to before me this r day of 1At+:. 1975. STANLEY S. CORWIN - NOTARY PUgI !c, Sfate oYNew York Nu. '.2 SP^. .,,j Qualified In ouNlik County Commission Expires MarCh 30, 19..._ a M f June 6, 1975 Southold Town Board X, zentlemen: «. Enclosed are bond estimates prepared by Lawrence M. Tuthill, P.E. for the subdivisions "Crown Land Lane" and "August Acres" presented for your approval of the amount of the bond. These subdivisions comply with all our recommendations and will be approved at our next regular meeting. We would appreciate your action at this time. Yours truly, Muriel Brush, Secretary Southold Town Planning Board LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER INLET LANE EXT. GREENPORT, N.Y. 11944 GREENFORT 7-1652 June 2, 1975 Southold Town Planning Board Main Road Southold, N.Y. As: August Acres at Arshamomaque Gentlemen: My estimate for the bond and inspect'on fee for roads and water mains for the subdivision entitled August Acres at Arshamomaque is as follows: Land clearing None Sough grading, 2,800 cy @ $ 1.50/cy g 41200.00 Fine grading 5,000, if @ 4 .50/if 2,500.00 Surfacing 5,000 if @ $ 9.00/if 45,oro.00 Curbs Regular 9,400 if a $ h.00/cy 37,600.00 Integral 560 if @ $ 6.00/cy $,360.00 Catch basins 13 @ $ 700.00 ea. 9.100.00 Leaching pools 4 @ $ 11400.or eaa 5,600.0o Recharge basin 3,000 cy @ $ 2.00/cy 6,000.00 Headwall 2 @ $ 500.00 ea. 1,000.00 Fencing ( commercial) 1,200 if 0 $ 10.00/1f 12,000.00 Pipe 18,"q 4o0 if 0 12.00/lf 4,80o.o0 27 0 450 if ® $ 18.00/lf 8,100.00 Seeding 1 acre 0 $ 1,200.00/acre 1,200.00 Hater mains 8t1 4,300/lf $ 11.00/lf 47,300.00 Hydrants 4 @ $ 600.00 ea. 2,400.00 Monuments 30 0 $ 25.00 ea. 75o.o0 Signs (6 street, 6 stop 1 dead end)Q $ 60.00ea. 720.00 Barrier 1 300.00 Administrative costs 11,110.00 Increase costs over 3 year peried 32,0'0.00 $ 235.00oCoo Respectifully submitted, Map of August As • • • Page 2 -------------------------------------------------------------------------------- The Commission also offers the following comments on the map: It is noted that the clearing and grading of the proposed roads has been undertaken. The subdivider should be discouraged from doing any work on the site before the Commission has issued its report. Allowing such work to com- mence before the Commission has rendered its report can have a detrimental effect upon the natural attributes of the tract when changes in the layout are necessary. Very truly yours, Lee E. Koppelman Director of Planning i� by Charles G. Lind Chief Planner Subdivision Review Section CGL:fp Encl: Map cc: L. Albertson, County Clerk File: S-SD-75-08 CBS Wav p9a 0 • Tofun of�*V*Olb etotrir, . 11958 RAYMOND C. DEAN Tel. 785.3140 Superintendent 734.5211 June 2, 1975 The Planning Board Town of Southold Southold, New York 11971 Gentlemen: I would suggest that more consideration be given to Item II of the February 24, 1974 correspondence of Mr. Lawrence Tuthill on the August Acres subdivision located at Arshamomague, New York. Very, $may yours, RCD:esg ?YMOlqDC. DEAN Sup't of Highways �,h LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER INLET LANE EXT. GREENPORT, N.Y. 11944 A REENPORT 7'1G52 June 2, 1975 Southold Town Planning Soard Main Road Southold, N.Y. Ib: August Acres at Arshamomaque Gentlemen: 71 My estimate for the bond and inspect"on fee for roads and water mains for the subdivision entitled August Acres at Arshamnmaque is as follows; Lard ciraring None ough grading 2,800 cy @ 1.50/cy t 4,200.00 Fine grading 5,000, if @ .50/1f 2,500.00 Surfacing 5,000 if @ $ 9.00/lf 45,0r0.00 Curbs Regular 9,400 if @ $ 4.00/cy 37,600.00 Integral 560 if @ $ 6.00/cy 3,36o.00 Catch basins 13 @ $ 700.00 ea. 9.100.00 Leaching pools 4 @ $ 1,1100.or eag 5,600.00 Recharge basin 3,000 cy @ $ 2.00/cy 6,000.00 Headwall 2 @ $ 500.00 ea. 1,000.00 Fencing (commercial) 1,200 if @ $ 10.00/1f 12,000.00 Pipe 18"q 400 if @ 12.00/if 4,800.00 27 0 450 if @ $ 18.00/if 8,100.00 Seeding 1 acre @ $ 1,200.00/acre 112M.00 Hater mains 8t1 4,3C0/lf I $$ 11.00/1f 0000.00 Hydrants 4 @ $ 600.00 ea. 2,400.00 Monuments 30 @ $ 25.00 ea. 750.00 Signs (6 street, 6 stop 1 dead end)@ $ 60.00ea. 720.00 Parrier 1 300.00 Admini-strative costs 17,110.00 Increase costs over 3 year period 32,0 0.00 $ 235.000R00. Respectifully submitted, and now or formerly of _ee Persson two courses a^d .stances as follows: (1) S. degrees 3V E.a distance of 51b.ao .,noski feet; (2) N. 41 degrees 29' E. a -"urses and distance of 169.02 feet to land of .,.xe: U) N. 41 degrees 10' Skirel;running thenwalong said ' W.274 feet; (2) S. 56 degrees 32' land of Skirel twD i _ and W. 160 feet to land now or or- as S. 47 merly of E. Grathwohl; running 51' E a- of COUNTY OF SUFFOLR, 1 thence along said land and along 7 ( S. 5gd it, STATE OF NEW YORK. 1 as: land now or formerly of H. 20' a of 1 14 Ito J Horton and along land now or Is �r fOrm41' of „tuart , Dorman formerly of P. Kalowski the glence aoobg said . . . . . . . . . . . . . . . . . being duly following distances and courses: la formerly of he (1)N.47 degrees 48'20"W.349.33 RA 148 degrees 31,00" says that . . . . . . . is Printer and Publisher of the SUFt�� feet; (2)N. 46 degrees 12' E. 300 W dilpanceof 1174.00 feet to the feet; (3) N.47 degrees 26'10" W. so y: de of Oregon Road at WEEKLY TIMES, a newspoper published at Greenport, in 1415.78 feet to land now or for- th pofnt. ;place of beginning. merly of B. Greiner and others; i3.64 acres, more or county; and that the notice, of which the annexed is a printe running thence along said land less. the following courses and � 9:o0 p.m. Approval of the final COPY, has been published in the said Suffolk Weekly Time: distances; (1) N. 39 degrees map of subalvision known as One (1 } 32'30" E. 436.30 feet; (2) S. 48 "August- Acres" owned by once in each week, for . . weeks degrees 12' 20" E.1,398.68 feet; P0041ee j0.o¢Ilniction Company, - "rae my-s;ec o nd (3)S.44 degrees 42'20"E.400.34 Ian. a parcel of land successively commencing on the . . . . . . . . . . . . . . . . . . . . . feet; (4)S.46 degrees 18'E. 14.36 sitptate,- ,*ad being in Ar- M 75 feet to land now or formerly ofr�4- %wtn the:Town of day of . .�. ,�y. . . 19. . . . M.E. Corey; running thenceof Suffolk and '~�- ;C- along said land the following banded and • • • • • . . • • • • • • • . . . . . . . . . . courses and distances: (1) S. 39 Sworn to before me this . . .degrees 57'50"W.292.86 feet; (2) 44 a t on the ' S. 42 degrees 44' 10" E. 169.44 Fnn 1$- 1'ne+ of Kerwin day Of . . . . . . . .�� 19.1f., j �) feet; (3) S. 57 degrees 51' 40" W. southerly ! 104.74 feet; (4) S. 32 d 11'. n f degrees from . . . .. . . ' - . . . . . . . . . . .90" E. 157.84 feet to the nor- ': Railroad;thwesterly side of Main Road; of beginning . . cARMlt�6G.**$A. . . . . . . . . . . running thence along the nor- g g aetd westerly line NZ1}per •uWc. sl•r. If N'W °p'k j thwesterly side of Main Road S. of Kerwin Boulevard S. 34 N• -;-4511671 56 degrees 32'W.162.86 feet to the degrees 59' E. 42.8 feet; thence Q" L'f'•4' " 50°Ik co",,,y 1 point or place of BEGINNING. along the southwesterly line of Commrssf.n e,P„�, 1 Much 30. 197j Containing 22.6 acres, more or said Kerwin Boulevard S. 68 less. degrees 22' 50" E. 196.51 feet; 8:00 p.m. Approval of a minor thence along the southerly line of subdivision of property owned by Bayshore Road N. 79 degrees 54' Peter Sledjeski situated at E 209.32 feet; thence along lot 77, Orient,Southold Town,County of "Map of Peconic Bay Estates"S. Suffolk and State of New York, 10 degrees 6' E. 125 feet; thence follows bounded and described as along said lot 77 and along lots 78 BEGINNING at a to 89 and land of the Town of point on the Southold N. 79 degrees 54' E northerly side of Main Road 687.17 feet; thence along said which point is the southwesterly land of the Town of Southold and corner of the premises about to lots 93 to 110 S.44 degrees 12'40" be described and the E. 908.48 feet; thence along lots southeasterly corner of land now Ill to 113 S.61.degrees 11'30"E. or formerly of Binzley. Running 159.5 feet;thence along land of La thence from said .point of Porta:S. 46 degrees 48' 40" E. beginning along land now or 150.16 feet; thence along land of formerly of Binzley N. 0 degrees Kalbacker,two courses; (1) S. 44 03' 10"E. 300.43 feet to land now degrees 19' 30" E. 139.74 feet; or formerly of Rose, running thence (2) N. 60 degrees E. 91 thence along land now or for-j feet; thence along other land of merly of Rose the following three the Town of Southold S. 27 courses and distances: (1) S. 80 degrees 08' E. 50.06 feet; thence degrees 02'40"E.30.2 feet; (2)S. along land of Pekunka two 66 degrees 10' 20" E. 152.0 feet; courses: (1) S. 60 degrees W. (3) N. 3 degrees 30' 20" W. 66.0 879.13 feet; thence (2) S. 47 III feet to land now or formerly of degrees 43' 30" W. 374.36 feet to III Stillo, running thence along land land of the Sage Estate; thence now or formerly of Stillo N. 86 along said land N. 43 degrees 09' j degrees 29 ' 40" E. 286.76 feet to 40"W 2026.41 feet; thence along land now or formerly of K. land of Posillico N.46 degrees 50' I! Sledjeski; running thence along 20" E. 316.45 feet to the point of land now or formerly of K. beginning. Containing 43.11 Sledjeski S.8 degrees 3'E. 207.67 acres, more or less. feet to a monument and land now Any person desiring to be heard or formerly of Rose, running on the above matters should thence along land now or for- appear at the time and place j merly of Rose the following four above specified. courses and distances: (1) N. 74 Dated: May 9, 1975 j degrees 39'W. 118.75 feet; (2)S.6 By order of the 1 degrees 2V E.182.0 feet; (3)N.86 Southold Town LOCAL LEGAj.4 'degrees 13' W. 33 feet; (4) S. 10 Planning Board LEGAL NOTICE � degrees 3' W. 132 feet to the John Wickham, northerly side of Main Road, Chairman Notice of Hearings running thence along the nor- 1TM22 NOTICE IS HEREBY GIVEN therly side of Main Road N. 64 that pursuant to Section 276 of the degrees 10' 10" W. 368.89 feet to Teem Law, Public Hearings will the point or place of beginning. be held by the Southold Town Containing 3.616 acres, more or Planning Board at the Town less, Clerk's Office, Main Road, 8:30 p.m. Approval of a minor Southold,New York,in said town subdivision of property owned by on the 2nd day of June,1975 on the N & E Associates situated at question of the following: Cutchogue, in the Town of 7:30 p.m. Approval of the final Southold, County of Suffolk and map of subdivision known as State of New York, said lands "Crown Land Lane" owned by hereinafter being more par- Crown Lend Lane, Inc. situated ticularly described as follows: at Cutchogue, Town of Southold, BEGINNING at a monument County of Suffolk and State of on the southerly side of Oregon New York and bounded and Road, distant 222.47 feet nor- described as follows: theasterly of Cox's Lane, said BEGINNING at a point on the point of beginning being the northwesterly side of Main Road northwesterly corner of premises where the same is intersected by herein described, and from said the north-easterly side of land point of beginning running along now or formerly of R.A. Me- the southerly side of Oregon Callum which point is also distant Road,N.44 degrees 15' 40" E. a 160 feet from a point where the distance of 394.24 feet to other northeasterly side of land now or land now or formerly of Bruce formerly of E. Grathwohl in- Persson; running thence along LEGALNOTICE Notice of Hearings COUNTY OF SUFFOLK l NOTICE IS HEREBY GIVEN STATE OF NEW YORK ss: that pursuant to Section 276 of the Town Law,Public Hearings will be held by the Southold Town Plan- ning Board at the Town Clerk's Sherley Katz, being duly sworn, says ,.. Office,Main Road,Southold,New York,in said town on the 2nd day of Editor, of THE LONG ISLAND TRAVELER - MATTITUt_.i. June, 1975 on the question of the WATCHMAN, a public newspaper printed at Southold, 7:30 p.m. Approval of the final map of subdivision known as in Suffolk County, and that the notice of which the "Crown Land Lane" owned by annexed is o printed co has been Crown Land Lane,Inc. situated at p py published in said Cutchogue, Town of Southold, Long Island Trove ler-Mottituck Watchman once each County of Suffolk and State of New York and bounded and described week for ................. weeks ............................................... as follows: BEGINNING at a point on the successively, commencing on the ........................................ northwesterly side of Main Road where the same is intersected by the northeasterly side of land now day of ......................................... 19......... or formerly of R.A. McCallum l which point is also distant 160 feet from a point where the northeast- erly side of land now or formerly of E.Grathwohl intersects said north. westerly side of.Main Road and from said point of beginning; running thence along said land and Sworn to before me this .. day of along land now or former) Grohoski the following courses a d distances: (1) N. 41° ..................................... 19......... feet; 2 70' W. t to O S.56°32' W. 160 feet to land now or formerly of E. Grath- woh); running thence along said land and along land now or formerly of H. Horton and along """^%•"`G�'4°� ^`-•`^••^•• •'• ^F• ••�" ��^ -•••^• •- land now or formerly of p. Ka,_ Notary Public owski the following distances rnd JUDI'H T. i'oKCN courses: (1) N. 47° 48' 20" W. 349.33 feet; (2) N. 46° 12'E. 300 " ""' _r feet;(3)N.47°26'10"W.I415.78. " feet to land now or benerly of B. Greiner ana uthera, thence along said land the follow- ing courses and distances: (1) N. 690 32' 30" E. 436.30 feet; (2) S. 480 12'20"E. 1,398.68 feet; (3)S. 440 42' 20" E. 400.34 feet; (4) S. 460 18'E. 14.36 feet to land now or formerly of M.E. Corey; running thence along said land the follow- ing courses and distances: (1) S. 390 57'50" W. 292.86 feet; (2) S. 420 44' 10" E. 169.44 feet; (3) S. 570 51' 40" W. 104.74 feet; (4) S. 320 11' 40" E. 157.64 feet to the northwesterly side of Main Road, running thence along the north- westerly side of Main Road S. 560 32' W. 162.86 feet to,the point or place of BEGINNINti. Containing 22.6 acres, more or less. (Continued on Page 29) I ' Peter Sledjeski s4 atea-a-MVFMIMIL,' Southold Town, County off lk and StatR,°.ge as O and desariUU oint on tb BEGINNING at a p northerly side of Main Road which point is the southwesterly corner of m ises about to be described the pre um*t� and the s9ll�of Binzley land now or formerly said point of Ali nce from Runningthealong land now or beginnin ofBinzley N.0°03'1°"E. formerly 300.43 feet to landln°gcc along land of Rose.running of Rose the now or formerly rs s and dis- folio hree coue w in t E. 30.2 g ° 02 40 1 S.80 .0 ces. O 152 tan 68° 10' 20 ' E feet; (2) S. 0�•yy.66.O feet 0 2 N.3° 3 tillo. • feet;(3) or formerly of S to land now land now or fo ° 29' 40" running thence along rmerly of StiRON.86 rl 286.76 feet to landeski; now or for hence f K. Sledj r o unning 1 of K. along Ia. now or form Y ki S.8° 207.07 feet to a Sledjes o monumentan hot g hence along ly of Rose. o f Rose the land now' or formerly s and dis- following four cours' 118.75 W. Lances: (1) N•21' E. 182.0 Leer,(2) feet;(2)S•6° 4 S. N.83° 13•yy.33 feet;l ) side of W.132feet t°the. thence oad,running thence along Main R side of Main Road the northerlys, 368 89 feet to the 64° 10' 10'• .nning' Con- point or place of beg Wore or less. taining 3.616 acres. of a minor 8:30 p• royal m. APP I ro arty ownedbyN subdivision ofp p &E Associate Town sit a[of Southold, cgue. in the County of Suffolk and State of Ne`�' York.saart cuaarly r describe tag more p follows: onument on BEGINNING at a m Road, the southerly side of Oregon thethe as distant222.47fcet nor inning Cox'stane.said point ofbeg being the northwesterly corn and er of premises herein beginning described. from said Point of begi running along the southerly side of Oregon Road,N. 44° 15' 40" E. a the'land distance of39424 feet to 0 of Bruce Perss�d now or form Y along said running thence of Bruce Persson now or formerlyand distances as two courses E,a distance follows S.4&31' of o10c95fcet:(2)N. 41° 29. E. a distance of 169.02 feet to land of Skirelt running thence along said land of Skirel two courses and (1) S. distances as follows: 51,301,E a distance of748.75fect; (2 .52° 11'20 W..a distance of S 5 f land now o ee[to ar form erly ) sa d j of Ruskowski; thence along land now or formerly of Ruskowski land 31' 00'. W. a distance °f 1174.00feet to the southerly side of 1 °int or place of Oregon Road a[ton 13.04 beginning Containing acres, more or less. final q.00 p m ApProv al °known as a mp of subd pos • August As'ivision flli- °caned cre by Inc. Construction C0 anY' co j of a parcel of land consisting and being In Arsha- situate,IYing momaquem theTown of Southol Cy of Suffolk and State ount of New York. bunded and descriLed as o follows N 1NG at a point °° the ine G Kerwin Boulevard f rl 1 ❑ said waste {eet southerly alo g g72.22 land of Long westerly Ilse from said point of Island Railroad;from along said beginning running oulevard westerly line of Kerwin B ng 5.34°59'E.42•Srl line thencoefalSaid the sou[hwestedY S. 68° 22' 50" Kerwin Boulevard along the E. 196.51 feet, thence southerly line of BaYshoreRoadN E 209.32feet;thence alogng 7q°54' lot 77. ..Map of pEeco125 feet, Estates" S. 10° 6 d lot 77 and along thence along sat lots 78to89 and°1the Tow, 54'Ef(18 7 "7 feet; SoutholdN•79aidland of the Town thence along to 110S,440 of Southold and lots thence thence 12' 40" E. )08.113 S.6t; 11' 30" along lots Ill`hence along land of E 159.5feet; 44° Kalbacker,two courses.then e (2) 19' 30" E- 139.74 feet',thence along N. 600 E. 91 feet; of So other land of the Town hence S 27° 08' E. 50.06 feet; alonglandofpekunka two courses: �tt5.600W.879.13f 1A 6e feet(to /Lstates" S. 10° 6' E. 125 feet; thence along said lot 77 and along lots 78to89 and land of the Town of Southold N.79'54'E.687.17 feet; thence along said land of the Town of Southold and lots 93 to 110 S.44' 12' 40" E. 908.48 feet; thence along lots 111 to 113 S.61° I V 30" E. 159.5 feet;thence alopg land of Kalbacker,two courses:(1)S. 44' 19' 30" E. 139.74 feet; thence (2) N. 600 E. 91 feet; thence along it otherlandof the Town of Southold S. 270 08' E. 50.06 feet; thence along land of Pekunkatwo courses: (1)S.60°W.879.13 feet;thence(2) S. 470 43' 30" W. 374.36 feet to I) land of the Sage Estate; thence along said land N.43' 09' 40" W. 2026.41 feet; thence along land of Posillico N. 46' 50' 20" E. 316.45 feet to the point pf beginning. all Containing 43.11 acres, more or ' less. 0 Any person desiring to be heard on the above matters should appear at the time and place above -.d 1975 - 11THOLD f 2, -areiheski; runping thence i i LEGALNOTICE BEGINNING at a moa ent on Notice of Hearings the so •rly side of Oreg.n Road, NOTICE IS HEREBY GIVEN distan. 2.47feet northeasterly of that pursuant to Section 276 of the Cox's L..Je,said point of beginning Town Law,Public Hearings will be being the northwesterly corner of UNTY OF SUFFOLK ss: held by the Southold Town Plan- premises herein. Uscribed, and \TE OF NEW YORK ning Board at the Town Clerk's from said point`•of beginning Office,Main Road,Southold,New running alonj the southerly side of York,in saidtownon the 2nd day of Oregon Road,N. 44' 15' 40" E. a June, 1975 on the question of the distanceof394.24feet toother land Sherley Katz, being duly sworn, says that she is art following: now or formerly of Bruce Persson; 7:30 p.m. Approval of the final running thence along said land tor, of THE LONG ISLAND TRAVELER - MATfITUCK map of subdivision known as now or formefy of Bruce Persson TCHMAN, a public newspaper printed at Southold, "Crown Land Lane" owned by two courser and distances as Crown Land Lane,Inc. situated at follows:(1)S.49°31'E.a distance Suffolk County; and that the notice of which the Cutchogue, Town of Southold, of 510.95 feet;(2)14. 41° 29' E. a County of Suffolk and State of New distance of 102,02 feet to land of sexed is a printed copy, has been published in said York and bounded and described Skirel; run nee along said tg Island Trove ler-Mottituck Watchman once each as follows: land of Sk f't o courses and BEGINNING at a point on the distances as follows: (1) S. 47 ak for ...................................2z.c-........................ weeks northwesterly side of Main Road 5F30"E.a distance of 748.75 feet; where the same is intersected by (2)S.52' 11'20" W.a distance of cessively, commencing on the ..........;..z:. the northeasterly side of land now 564.07 feet to land now or formerly "'."""""""""" or formerly of R.A. McCallum of Ruskowski; thence along said which point is also distant 160 feet land now or formerly of Ruskowski of ..........1.%,:.rar.;.0.................. 19....::'.. from a point where the northeast- N. 48' 31' 00" W. a distance of , erly side of land now or formerly of 1174.00feet to the southerly side of E.Grathwohl intersects said north- Oregon Road at the point or place of -••- ••-••••- ---••••••••••••••• •--••••••••• •• •••�•• .............. westerly side of Main Road and beginning. Containing 13.64 from said point of beginning;, acres, more or less. running thence along said land and 9:00 p.m. Approval of the final along land now or formerly of E. map of subdivision known as ,/ Grohoski the following courses and "August Aglfos";owned by Posilli- Sworn to before me this ..••.•.c?-3 -5 distances: (1) N. 41' 10' W. 274 co Construction Company, Inc. ••• ....... day of feet; (2)S.56' 32' W. 160 feet to consisting. of a parcel of land GAL 7S land now or formerly of E. Grath- situate, lying and being in Arsha- """"""""" "�r"'�" "' 19"°'•"" wohl; running thence along said momaqueitt3he:Town of Southold, land and along land now or County of Suffolk and State of New formerly of H. Horton and along York, bounded and described as land now or formerly of P. Kal- follows: owski the following distances and BEGINNING at a point on the ............. .�Z.l.Z .. !jl...r:... courses: (1) N. 47' 48' 20" W., westerly line of Kerwin Boulevard Notary Public 349.33 feet; (2) N. 46' 12' E. 300 872.22 feet southerly' along said j,;.-.,.T;I ,,,,-)K.-N feet;(3)N.47'26'10" W. 1415.78 westerly line from land of Long N,,tn,.y �u c,;,;p .,i rdcw Yo,k feet to land now or formerly of B. Island Railroad;from said point of r, 3 Counts Greiner and others; running. beginning running along said i1 30, 19/ L thence along said land the follow-, westerly line of Kerwin Boulevard �T ing courses and distances: (1) N. S.34'59'E.42.8feet;thence along t390 32' 30" E. 436.30 feet; (2) S. the southwesterly line of said 48°IT 20"E. 1,398.68 feet;(3)S. Kerwin Boulevard S. 68' 22' 50" 440 42' 20" E. 400.34 feet; (4) S. E. 196.51 feet; thence along the 46'18'E.14.36feet to land now or southerly line of Bayshore Road N. formerly of M%E. Corey; running 79'54'E.209.32feet;thence along thence aloe #.W land the follow- lot 77, "Map of Peconic Bay ing courses ka&disfances: (1) S. Estates" S. 10' 6' E. 125 feet; 390 57' 50" W.292.86 feet; (2) S. thence along said lot 77 and along 42044' 10" E. 169.44 feet; (3) S. Jots78to89and land of the Town of 570 51' 40" W. 104.74 feet; (4) S. Southold N.790 WE.687.17 feet; 320 1V 40" E. 157.64 feet to the thence along saidland of the Town northwesterly side of Main Road; of Southold and lots 93 to 110 S.440 running thence along the north- 12' 40" E. 908.48 feet; thence westerly side of Main Road S.56' along lots I I I to 113 S.610 11'30" 32' W. 162.86 feet to the point or E. 159.5 feet; thence along land of place of BEGINNING. Containing Kalbacker,.two courses:(1)S. 44' 22.6 acres, more or less. 19' 30" E. 139.74 feet; thence (2) 8:00 p.m. Approval of a minor N. 60' E. 91 feet; thence along subdivision of property owned by other land of the Town of Southold Peter Sledjeski situated at Orient, S. 270 08' E. 50.06 feet; thence Southold.Town, County of Suffolk along land ofPekunka two courses: and State of New York, bounded (1)S.600 W.879.13 feet;thence(2) and described as follows: S. 470 43' 30" W. 374.36 feet to BEGINNING at a point on the land of the Sage Estate; thence nor oj)k(yin Read which along said land N.43' 09' 40" W. pointi`. tAfreaterly cornerof 2026.41 feet; thence along land of itJn7ad�o=:•t,na.posilliroN. 46'50':20" E. 316.45 y- .. and the Southeasterly corner of jet to t1Ag point of.beginning. land now or formerly of Binzley. ofttainitt�.:;A3.11 Acres, more or Runmro,' cc from"'I noint ofss. "7:,� ne Any person desiring to be heard begin on the above matters should or appear at the time and place above specified. Dated: May 9, 1975 ' BYORDEROFTHESOUTHOLD TOWN PLANNING BOARD ei 'NWICKHAM,CHAIRMAN 1T-5/22 Form San. RS-2 SCDH SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF PUBLIC HEALTH HAUPPAUGE, NEW YORK BUREAU OF ENVIRONMENTAL HEALTH SERVICES CERTIFICATION OF APPROVAL OF REALTY SUBDIVISION PLANS Posillico Construction Company, Inc. TO: 615 Old Country Road Westbury, New York 11590 This certificate is issued under the provisions of the Suffolk County Sanitary Code in connection II, with the approval of plans on April 11 , 1975 , , , . for your realty subdivision known as AUGUST .AGRRS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I The following data was furnished in connection with the submission of the plans. Location Town of Southold,,, Suffolk County,,, New, York Acres (approx.) . .4.3. . . . . . No. of Lots . 36. . . . . . . Size (approx.) . . . 4Q,OOQ square, feet, , Owner intends to bui 1 d. Art S.OJTIR 1 Ats. .a_rid s.el.l. .o.thars. w.i.th.o.ut b.ui.l.dings... . . . . . . . . . . . . Topography . flat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Depth to Ground Water - Max: 2.�. . Min: . . . �.�. . . When 3�74 . . . . . . . . . . . . . . . . . . . . . . . Soil 1.'.-2,', tcpsci 1.,. z.'.-3.'. .l yam,. 3.':a.'. sand anal .g.ravel. w.i.th. .1.'.-2'. p.f. clay. .in. some. areas; sand or sand and gravel to ground water. Grading (cut or fill) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Drainage As approved by the. Town of Southold. Water Supply Greenpgrt .Vi11ue .Water.System.to.serve .al I .Iots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sewage . . On, each. 19t.,, ppe. 9Dp.-aa.l.lon. min.imum .l.iqu.id capac.i.ty. approved. -type. septic- tank connected to one approved type precast or block cesspool developing a minimum of. 300- square• feet. of- leaching- area- below• the- inlet- pipe- in- natura•1• or undisturbed medium-coarse sand and/or gravel , or in the case of unusual soil , the excavation Ss' to' be' ca"r"ried"tb' a' depth' until"a' '6-Moot strata of virgin. Long 'Is'l*and sand and gravel. is. encpuptpred. and, the. ponl. .is. pro.v.idnd. mi.th. a. min.iewm. 3-.foo.t sand. and. . . . AVZl1alQ9f1t1idsP( tv�innl�g tt�i3�yzau�oiiesnspecified on approved plans. 1. That the proposed facilities for water supply and sewage disposal are installed in conformity with said plans. 2. That S g P Y private sewage disposal systems shall no longer be constructed or used after public sewerage facilities become available. cc Roderick Van Tuyl , P.C. ✓Bldg. Dept. Southold Dept. of State-Subdivided Land Un I�:"V "✓ Federal Housing Administration H. W. Davids, P. E. Riverhead Ofc. - Gen. Engr. Assistant Director of Public Health - Environmental Health y 1 II III April 7, 1975 I Mr.Robert Villa Suffolk County Dept. of Health County Center Riverhead, New York 11901 Dear Mr. Villa: Please find affidavit of George Wetmore, Jr. in reference to the subdivision known as "August Acres" . The Southold Town Planning Board concurs with this affidavit and Mr. Lawrence M. Tuthill, P.E. , our engineer reported that he had spoken to Mr. Irving Latham, an excavator, who told him that he had dug it out at one time or another. If there is anything i .: L, jou need from the riruit.in6:. llUni-u, ,J1ctiSv' ..aii. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Enclosure CORWIN AND GUCHMAN ATTORNEYS AT LAW 114 MAIN STREET OREENPORT. N. Y. 11944 T.r O" 516 . 477.0800 STANLEY S. CORWIN SAMUEL J. GLICEMAN March 20, 1975 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: August Acres Gentlemen: In accordance with your conversation with Mr. Wetmore there is enclosed an affidavit in connection with the condition of the land on Lot 1 and the intention of the applicant in respect thereto. If there is something more you need, please let me know. Very truly yours, Stanley Corwin SSC:jlh enclosure --- November 26, 1974 Mr. Lawrence M. Tuthill, P.E. Inlet Lane Extension Greenport, New York 11944 Re: August Acres Dear Larry: I have been informed that the county is holding up the Health Department signature on the above- captioned subdivision because of lot #1. The surveyor has marked the low area as a pond, but George Wetmore says in actuality it is an old irrigation ditch and the developer has intentions of filling it. In order for the Health Department to sign the map including lot #1 they want something from us to say that it can be filled. Would you take a look at it and let us know your recommendations. Thanks. Yours truly, Muriel Brush, Secretary Southold Town Planning Board October 18, 1974 Mr. George Wetmore, Jr. Main Road Greenport, New York 11944 Res August Acres Dear Georges I have received correspondence from Mr. Lawrence Tuthill, P. E. and his recommendation is that the road grades on Kerwin Boulevard can be raised so that the cuts and fill areas can be balanced. When you receive your new profilest please forward them to this office and I will submit them to the proper people for approval. Yours truly, Muriel Brush, Secretary Southold Town Planning Board TC, N OF SOUTHOLD OFFICE OF BUILDING INSPECTOR Town Clerks Office Southold, N. Y. qq� i Receipt N 8657 Date.. .....f�.?.q Received of .. .. �..... ... .. ..... ��`.:`r..... ....... v....................................................... �va'�... .....�::... ............................................K.. .................. 0 Dollars For chit!!' ... ?a.......G.r.."(..:Q..S::. ..-s� ....ram 9. ^-. r.L. ...4�^'�.. .Q:�................ Fee for Fee for Fee for Fee for Fee for Fee for Zoning Change Appeal to Multiple Zoning �Application Ordinance ❑ Of Zone p Bd.of Appeals [] Residence Permit D Building Permit 1- 'o Planning Bd. Misc. Cash Y $..G.'.�.�.7............ Check M ............... .... ..... .: `............ ....................... Building Inspecto 0 LAWRENCE M. TUTHILL PROFKSNIONAL KNOINCER INLET LANE EXT. OREENPORT,N.Y. OR{[MPOIIT 7-1s 31 October 15, 1974 Mr. John Wickham, Chairman Southold Town Planning Board Main St ree t Southold, N.Y. 11971 Re! August Acres Dear Mr. Wickham: I have reviewed the plans and profile of the Subdivision entitled August Acres and it is believed that the road grades in Kerwin Bouvelard can be raised so that the cuts and fill areas can be balanced. Sincerely yours,. ./ Reviewed- Preliminary Subdivision of Acres Acres Sect 1 R=vised 7/10/74 Road Profiles of August Ac`.es Addition 3/28/74 T RBI TECl"T �EtIVED B^YT T OTTO W. VAN TUYL * RODERICK VAN TUYL Reg. Professional Engineer Licensed Land Surveyor Licensed Land Surveyor ` P Phone 477-1608 Phone 477-1487 RODERICK VAN TUYL, P. C. FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 r .� PHONE r October 2, 1974 DESCRIPTION: Rroposed Sub-division to be known as "August Acres" 141 1 Beginning at a point on the westerly line of Kerwin Blvd. AW.22Veet southerly along : 1said "_vesterly line from land of bong Island Railroad; from said point of beginning running along said westerly line of Kerwin Blvd. S. 34 59' E. - 42.80 feet; -,thence along the southwesterly line of said Kerwin Blvd. 5. 68° 22' 5011 E. - 196.51 feet; thence along the southerly line of Bayshore Road, N. .79 54' E. - 209.32 fees; thence v along lot 77, "Map of Peconic Bay Estates", S. 10 06' E. - 125.0 feet; thence along said lot 37 and along lots 78 to 89, and land of Town of Southold, N. 79 54' E. - 687.17 feet; F thenc along said land of Town of Southold and lets 93 to 110, { ` S. 44e 12' 40" E. - 908.48 feet; thence along lots 111 to 113, S. 61° 11 ' 30" E. - 159.50 feet; thence along land of LaPorta, S. 46° 48' 4011 E. - 150,16 feet; thence along land of Kalbacker, two courses: (1 ) S. 440 19' 30" E. - 139.74 feet; thence (2) N. 600 00' E. - 91 .0 feet; thence along other land of Town of Southold, S. 27° 08' E. - 50.06 feet; thence along land of Pekunka, two courses: ( 1 ) S. 600 00' W. - 879.13 feet; thence (2) S. 470 43' 30" W. - 374.36 feet to land of Sage Estate; thence along said land, N. 43° 09' 40" W. - 2026.41 feet; thence along land of Posillico, N. 46° 50' 2011 E. - 316.45 feet to the point of beginning. Containing 43.11 acres. RODERICK VAN TUYL, P.C. • V�- y isslmg To: Southold Town Planning Board �i�l�£ntt� a` e�ttrfinei� 'Tofu" of'Saut4otD ecauic, . Ims RAYMOND C. DEAN Tel. 765.3140 Superintendent 734-5211 July 22, 1974 The Planning Board Town of Southold Southold, New York 11971 Re: August Acres Arshammogue, New York Gentlemen: The Highway Committee and I approve of the drainage and roads on the amended map of August Acres, Arsharrmlogue, N.Y. Very truly yours, RCD/esg RAYMOND C. DEAN Sup't of Highways 1. L.� f`' T�'C`jT OF EI-06;r^LD June 260 1974 Mr. George Wetmore Main Road Greenport, New York 11944 Dear Mr. Wetmore: This is to inform you that the following action was taken by the Southold Town Planning Board at its regular meeting on June 249 1974. On motion made by Mr. Raynor, seconded by Mr. Grebe, it was RESOLVED that the preliminary map of subdivision known as "August Acres" , situate in Arshamomaque, Town of Southold, Suffolk County, New York, be approved subject to the follow- ing conditions: 1. Course line be designated on Kerwin Boulevard to conform with the description. 2. Rights-of-way be shown on final map. 3. Description of property be shown as Section I exclusive of Section II. 4. 270 pipe be shown instead of 180 pipe on Pleasant Place. 5. Approval on roads and drainage be obtained from the Southold Town Highway Committee .and the Southold Town Superintendent of Highways. Vote of the Board: Ayes: Wickham, Moisa, Raynor, Grebe. Absent: Coyle. Yours truly, Muriel Brush, Secretary COMMISSION Seth A. Hubbard ` Chairman a Lee E. Koppelman Director of Planning PSI" Suffolk County Department of Planning JOHN V.N. KLEIN. County Executive Veterans Memorial Highway Hauppauge, L. L, N. Y. 979-2920 June 17, 1974 Mr. John Wickham Town of Southold Planning Board Main Road Southold, New York 11971 Re: Preliminary Map of August Acres, Section One, N/W/C Kerlbin Boulevard and Long Island Rail Road, Arshamomaque, New York Dear Mr. Wickham: In accordance with your request, the staff has considered the above captioned proposed subdivision map and offer the following comments for your use: 1. It is noted that the out parcel (Lots 556 and 557) does not meet current zoning requirements. Unless this parcel was held in single and separate ownership b a person other than the P P y p previous or current owner/ p developer, it should be made to conform to current area requirements. This out parcel causes Lots 23 and 24 to have poor shapes. r 2. A careful study of the storm-water drainage system on Pleasant Place should be made. Storm-water run-off is known to carry a heavy load of pollutants and if dumped directly into the pond can have a serious effect upon the environment of the pond. Restriction of all run-off from entering the pond can also have a detrimental effect in that the pond may dry up, depending upon its nature. At the very least, the drainage system should be designed to "catch" as much of the solids as possible in catch basins and leaching pools before discharge into the pond. 3. The intersection of Bayshore Road and August Lane is one of poor design and one which can only lead to vehicular maneuvering difficulties and traffic safety problems. Normally, the staff would recommend the elim- ination of the extension of August Lane into Nina Lane. This course of action will, however, mean that the future residences of this subdivision would be restricted to one point of access which can also result in safety problems should it become blocked. Perhaps a temporary easement for emer- gency vehicular access can be obtained over lands now or formerly of Adam Pekunka. This easement could run until the adjacent tracts are developed which could provide an alternate means of access thereby eliminating the need for the easement. ` Preliminary Map of August Acre Section One • Page 2 Arshamomaque, New York ----------------------------------------------------------------------------- 4. It is suggested that a large radium horizontal curve instead of a small radius curve be used in vicinity of Lots 24 and 25. A large radius curve will be aesthetically more pleasing and will make vehicular movement easier. 5. The pond in Lot 33 should be preserved by including in park area or by restrictions. Staff comments on a preliminary map do not constitute a review. When this map is in the final stage of preparation, it should be referred to the Suffolk County Planning Commission for review pursuant to Section 1333 of the Suffolk County Charter. Very truly yours, Lee E. Koppelman Director of Planning by �T�b l% O`G + Charles G. Lind Subdivision Review Section CGL:fp File: 1333-SR-74-28 Encl: Map r May 21, 1974 Subdivision Review Section Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: We are hereby submitting the preliminary map of "August Acres" located in Arshamomaque to you for your comments. This proposed plat, when in final stage, will be referred to the Suffolk County Planning Commission pursuant to Section 13331 Article XIII of the Suffolk County Charter. We therefore acknow- ledge that the comments made by the staff of the Planning Depart- ment are advisory only and do not constitute a review by the Suffolk County Planning Commission nor are the comments made by the staff binding upon the Commission in their review of this proposed map. Material submitted: Proposed plat - 3 copies, Grading plan - 1 copy Profiles - 1 copy, Drainage plan - 1 copy Topographical map - 1 copy. On Pleasant Place, the 18" 0 drainage pipe will be replaced with 27" 0 pipe. Our Board would particularly like your comments on the intersection of August Lane and Bay Shore Road. There was some concern expressed at the hearing by the owner of lot #119. Very truly yours, John Wickham, Chairman Southold Town Planning Board JW/mb Enclosures r • • 0 • LEGAL NOTICE Notice of 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 Office, Main Road, Southold, New York, in said Town on the 15th day of May, 1974, at 7:30 o'clock in the evening of said day on the question of the preliminary approval of the following plat: Plat of property owned by Posillico Construction Company, Inc. entitled "August Acres" , consisting of a parcel of land situate, lying and being in Arshamomaque, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the southerly line of lands of the Long Island Railroad Company with the westerly line of Kerwin Boulevard, said point of beginning being the northeasterly corner of parcel number two as shown on a certain map entitled, "Amended Map A. Peconic Bay Estates, situate at Arshamomaque, Town of Southold, New York" , made by Otto W. Van Tuyl under date of May 12, 1933, and filed in the Suffolk County Clerk' s Office as Map No. 1124; running thence along said line of Kerwin Boulevard three courses as follows: (1) south 340 59' east 915.02 feet; (2) south 680 22' 50" east 196.51 feet; (3) north 790 54, 0" east 209.32 feet to the northwesterly corner of land of Rutkowski; thence along said land of Rutkowski, south 100 06, 00" east 125.0 feet; thence along said land of Rutkowski and along the southerly and southwesterly side of the map above mentioned, the following three courses and distances: (1) north 790 54, 00" east 687.17 feet; (2) south 440 12' 40" east 908.48 feet; (3) south 61° 11' 30" east 159.50 feet; thence along land now or formerly of LaPorte south 460 48' 40" east 150.16 feet to northwesterly corner of land of W. Kalbacker; thence along the land of W. Kalbacker the following two courses and distances: r Legal Notice Page 2 (1) south 440 19' 30" east 139.74 feet; (2) north 600 00, east 91.0 feet; thence south 270 08' east 50.06 feet to land of Adam Pekunka; thence along land of Adam Pekunka the following two courses and distances: (1) south 600 00' west 879.13 feet; (2) south 470 43' 30" west 374.36 feet to land of Charles S. Sage Estates; thence along land of Charles S. Sage Estate the following two courses and distances: (1) north 430 09' 40" west 2736.73 feet; (2) north 320 42' 00" west 214.26 feet to the southerly side of the Long Island Railroad; thence north 550 O1' 00" east along the southerly side of lands of the Long Island Railroad 405.60 feet to the point or place of beginning. Excepting therefrom the lots 556 and 557 as shown on said map No. 1124. Together with all easements and rights of way appurtenants to said premises, including a right of way 50 feet in width between lots 122A and 119 as shown on said map, said right of way extending from Bayshore Road to the premises hereinbefore described, and all of the right, title and interest of Fred Goldman and Stanley Goldman in and to the lands under the highways adjacent to said premises to the center line thereof and of, in and to any and all strips and gores of land adjacent and appurtenant to or abutting the hereinbefore described premises. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: May 1, 1974 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN PLEASE PUBLISH ONCE, MAY 9, 1974 AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on May 1, 1974. The Long Island Traveler-Mattituck Watchman Suffolk Weekly Times George Wetmore Supervisor Albert Martocchia LXQALMgLIZ Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Toren Planning Board at the Town Office, Main Road. Southold, New York, in said Torso an the 15th day of May, 1974, at 700 o'oslock in the evening of said day an the question of the preliminary approval of the following plats Plat of property owned by Posillico Construction Company, Inc* entitled "August Acres"# consisting of a parcel of land situate, lying and being in Arshamaraque. in the Torn of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the southerly line of lands of the Long Island Railroad Company with the westerly line of Kerwin Boulevard, said point of beginning being the northeasterly corner of wool number two as shoran on a certain sap entitled, "Amended Map As Peaonic Bay Estates, situate at Arshem empe, Torn of Southold. New York", as" by Otto W. Van Tuyl under data of May 12. 1933s and filed in the Suffolk County Clerk's Office as Nap No. 1124; ruining thence along said line of Kerwin Boulevard three courses as follows (1) south 34. 59' east 915,02 feet; (2) south 68. 22, 50" east 196.51 feet; (3) north 79. 54' 0" east 209.32 fast to the northwesterly corner of land of Rutkowski; thence along said land of Rutkowski, south 10. 06' 00" east 125.0 feed thence along said land of Rutkowski and along the southerly and southwesterly side of the map above nentioneds the following three courses and distancess (1) north 79. 54' 00" east 667.17 feet; (2) south 440 12' 40" east 908.48 feats (3) south 61. 11' 30" east 159,50 feet; thence along land now or formerly of LaPorte south 46. 48' 40" east 150.16 feet to northwesterly corner of land of W. Kalbacker; thence along the land of W. Kalbacker the following two courses and distances: Legal Notice Page 2 (1) south 44. 191 30" east 139.74 feet; (2) north 60. 000 east 91,0 feed th#=* south 27. 089 east 50,06 feet to laze! of Adam PebAdm; thence along laud of Adam Pekuai:a the following two courses and distances- (1) south 60. 001 west 679,13 feet; (2) South 470 63' 34" crest 374,36 feet to land of Charles S. ;Lap Estates; thence along land of Charles S, Sage Estate the following two courses and distances: (1) worth 43. 090 40" west 2736.73 feet; (2) north 32. 421 00" west 214.26 toot to the southerly aide of the Lour Island Railroads thence north 55. O1' 00" east along the southerly side of lands of the Lair Island Railroad 405.60 feet to the point or place of begimning. Excepting therefrom the lots 556 and 557 as shown an said map No. 1124. Together with all easements and rights of way appurtanants to said premises, including a right of way 50 feet in width between lots 122A and 119 as sbown on said map, Said right of way extending from Hayabore Road to the promises hereinbofore described, and all of the right, title and interest of Fred Goldman and Stanley Ooldman in and to the lands under the highways adjacent to said premises to the center line thereof and of, in and to any and all strips and gorea of land adjacent and appurtenant to or abutting the hereinbefore described premises. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: May 19 1974 8y ORUM OF THE SOUTH0LD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN PLEASE PUBLISH ONCE, MAY 90, 1974 AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLL) TOWN PLANNING HOARD, MAIN ROAD. SOUTHOLB, NEW YORK. Copies mailed to the following on May I, 1974, The Long Island Traveler-Mattituck Watchmen Suffolk Meekly Times George Wetmore Supervisor Albert Martocchia NOTICE OF DARING TICE Id,. BY GIVI TF PURS 0 Section 276 of the To af;,public COUNTY OF SUFFOLK ss: hearing by the STATE OF NEW YORK Southold Town Planning Board at the Tow"- 0 Main Road, Southold New id Town on the lSthday ay`1974, at 7:30 o' Ing of said C. Whitney Booth, Jr., being duly sworn, says li clock in day on the n of the that he is the Editor, of THE LONG ISLAND preliminary `1 [oval of the TRAVELER - MATTITUCK WATCHMAN, a public news- following plat: Plat ofFAu y- owned by paper printed at Southold, in Suffolk County; and that P ostRisir(' ell Company, the notice of which the annexed is a printed co a been P d Pv, h s Ine:y'.` gust Acres", cojpg of'a parcel of land published in said Long island Traveler-Mattituck Watch- siinstt;, lying and being in / Arshamomaque, in the Town of ( %' J // ,.,, man once each week for C..�..�.4�.�....1............. weeky SoWbold ! of Suffolk and State of Newy York, bounded and `� U` described,as follows: successively, commencing on the ...............1...................... BEGINNING at a point formed by the intersection of the day of .............14.4�.L . . 1�9.17,jy line oflands of the Long[Railroad�mpany with the i . westerly line,. Kerwin Boule- .............................................a ........ ........ vard, said pot of beginning - being the northeasterly coiner of parcelnumbet laao as shown on a certain map , "Amended // �4 Map A, ;Bay Estates, /z......... day of situate at aque, Town Sworn to before me this ........ ... . OCSdithold,N rk", made by r ...........lL.L.Gt .C ...., 19�/.... Oita Vf�, Van under date of 7 1933, and filed in the Suflblli County rk's Office as Map No 1124f,ylgnning thence ' along said liee of Kerwin Boulevard three courses as ............ `4. ;4. /....Y.. y...�............... follows: (1) south 34 `rees 59 Notary Public minutes east '415. `feet; (2) south 1 degrees 22 neutes 50 seconds east.19651 feet;(3)north 79 degrees 54 minutes 0 seconds " r r,•. t ray', IarN east 209.3244 to tJie northwest- erly corner of Rutkowski; i thence S land of 0 Rutkowski,south 10 degrees 06 minutes 00 seconds east 125.0 -feet; thence 'along said land of Rutkowski and along the souther- ly and southwesterly side of the map above mentioned, the following three courses and distances:(1)north 79 degrees 54 minutes 00 seconds east 687.17 feet; (2) south 44 degrees 12 minutes 40—seconds east 908.48 feet; (3) south 61 degrees 11 minutes 30 seconds east 159.50 • feet; thence along land now or formerly of LaPorta south 46 degrees 48 minutes 40 seconds east 150.16 feet to northwesterly corner of land of W, Kalbacker; thence along them land of W. Kalbacker the following two courses and distances: (1) south 44 degrees 19 minutes 30 seconds east 139.74 feefl�`,'�;(2) north 60 degrees 00 minutes aa'st 91.0 feet; thence south 27 degrees 08 minutes east 50.06 feet to land of Adam Pekunka; thence_along land of Adam Pekunka the following .two courses and dis- tances: (1) south.60 degrees 00 minutes west 879.13 feet; (2) south 47 degrees 43 minutes 30 seconds west 374.36 feet to land of Charles S. Sage Estates; thence along land of Charles S. Sage Estate the following two courses and distances: (1) north 43 degrees 09 minutes 40 seconds j west 2736.73 feet; (2) north 32 degrees 42 minutes 00 seconds west 214.26 feet to the southerly side of the Long Island Railroad; thence north 55 degrees 01 minutes 00 seconds east along the southerly side of lands of the Long Island Railroad 405.60 feet to the point or place of beginning. Excepting therefrom the lots 556 and 557 as shown on said map No. 1124. Together with all ease- ments and rights of way appurtenants to said premises; including a right of way 50 feet in width between lots 122A and 119 as shown on said map, said right of way extending from Bayshore Road to the "premises herein- before described, and all of the right, title and interest of Fred Goldman and Stanley Goldman in and to the lands under the highways adjacent to said pre- mises to the center line thereof and of,in and to any all strips and gores of land Ascent and. appurtenant to or abutting the hereinbefore described premises. and gin e3 ana to any art all strips aPPu of land "cent and !tenant to or abutt ing the hereinbefore described premises. Any person desiring to be appear hear on the above matter should se the time and place shove specified BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM Datedp MaY 1, 1974 CHAIRMAN IT,5/9 I� 4 i 209.32 feet to the northwesterly corner of land of Rutkowski; thence along said land of Rutkowski, south 10 degrees 06' 00" east 125.0 feet; thence along said land of Rutkowski and along southerly and southwesterly side of the map above mentioned, the following three courses and distances: (1) north 79 degrees 54'00"east 687.17 feet; (2) south 44 degrees 12'40"east 908.48 feet; (3) south 61 degrees 30" east 159.50 feet;thence alo..o.and now or formerly of LaPorta south 46 degrees 48'40" east 150.16 feet to northwesterly corner of land of W. Kalbacker; there, along the land of W. Kali er the following two cou.<,es and distances: (1) south 44 degrees 19' 30"east 139.74 feet; (2) north 60 degrees 00' east 91.0 feet; thence south 27 degrees 08' east 50.06 feet to land of Adam Pekunka; thence along land of Adam Pekunka the following two courses and distances: (1) south 60 de,-,es 00' west 879.13 feet NOTICE OF HEARING (2) so..-.,47 degrees 43' 30" we:._ Sage Estates; thence along land °� feet to land of Charles S. NOTICE IS HEREBY GIVEN that pursuant ipSecti 276 of the Sege of,Charles S. Sage Estate the Town Law,a c hearing will following two courses andOF SUFFOLK, 1 be held byAwtouthold Town distances: (1) north 43 degrees' NEW YORK. 1 as: Planning at the Town 09'40'.9west 2736.73 feet; (2)north Office, Mamad, Southold, Sl degrees 42'00"west 214.26 feet New York, in said Town on$he . . . . . . . . . . . . . . being duly Sworn, 15th day of` fi96 to the alp itherly side of the Long . . . • . . . . ' Y Island RaBroad; thence north 55 j o'clock in the iY degrees 01' 90" east along the is Printer and Publisher of the SUFFOLK O°the queen° -southerly side of lands of the approval of Long Island Railroad 495s0 feet TIMES, a newspaper published at Greenport, in said t Pla of 4byto the point or place of beginning. Pl ,,,, LL: id that the notice, of which the annexed is a printed Inc. entitled " " Vweptmg therefrom the lots 556 557 as shown on said map No. been published in the said Suffolk Weekly Times consisting of,a . `y" - .Together with all easements situate, lying . +'F#j of way appurtenants to lch week, for . . . . . weeks shamomaque, lit -n ises, including a right Southold, Coim State of New Yof ga a sl feet in width on said commencing on the described as follows lots land 119 as shown on said BEGINNING at a �. ail+said right of way extending. . . . . . . . . . . . . . . . . . . 19. . . . b the intersection* m Bayshore Road to the Y � reniiseshereinbeforedescribed, . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . southerly line of lands" �an d all of the right, title and in- Island Railroad Co " &; t of Fred Goldman and before me this . . . . . . . . . . . . the westerly line ,;y Goldman in and to the Boulevard, said poiofto i8ider the highways ad- 19. . . .. J Wing being the nor tp said premises to the comer of parceT'i tanbEf' 'e'ttiereof and of, in and ' • • ' ' • . . . . . . . . . . shown on a c " all strips and gores of "AmendedMa� _ tandappurtenantto . . . '•) ' iU,, CIVCeT),iN j- rD Estates anus e' 4t, g;ar atirtting the hereinbefore HJir� Y P�,RLI C� kEN itpt New mosque Town of So premises. e n a 1r air „� byfl;W.V 'New York ,Ide adesiring tobeheard i ik, po. Tuyl under date of May 12, 1933, and filed in the Suffolk County-. above matter should ap- 4 Co, ns,ion Expires Clerk's Office No. 1124; - ,bear at the time and place above running thance •aaldfine of specified. Kerwin Boulevard three courses Dated: May 1, 19 as follows: (1) south 34 degrees - BYOR DEROFTHE 59' east 915.02 feet; (21 south 68 LANNINGROSOUTHOIJ)T WN degrees 22' 50" east 196.51 feet; K A M,CHAIRMAN gre JOHN WICKHAM,CHAIRMAN (3) north 79 degrees 54' 0" east of HEARING ,iCE IS HEREBY GIVEN THAT PURSUANT TO Section 276 of the Town Law, a public hearing will be held by the _,,+ TY OF SUFFOLK 11 ss. Southold Town Planning Board at r t OF NEW YORK f the Town Office, Main Road, Southold,New York,in said Town on the 15th day of May, 1974, at 7:30 o'clock in the evening of said C . Whitnev 000tl-,, Jr-, being duly sworn, sots day on the question of the preliminary approval of the the Editor; of THE L(!NG !SLANT,.' following plat: 1 D' MATTIT(,YJ< WATCHMAN public news Plat of property owned by Posillico Construction Company, .rmied at Southold, in Suffolk . t:nrv; and that Inc. entitled "August Acres", ,ce ut which the annexec is printer! t a , consisting of a parcel of land ,� -c p}, has beer situate„ lying and being in .. �e „ said Long island T raveie:-A^.c,"faru_.k Wotch- Arshamomaque, in the Town of Southold, County of Suffolk and - c, ;,ach week f::, ......G.... . . ,veeks State of New York, bounded and - described as follows: • ;:ve�P commencing on the BEGINNING at a point formed by the intersection of the /. /....... .., '.9.% ,.•. southerly line of lands of the Long Island Railroad Company with the �r westerly line of Kerwin Boule- vard, said point of beginning - - "- ""•" - being the northeasterly corner of parcel number two as shown on a certain map entitled, "Amended Map A, Peconic Bay Estates, situate at Arshamomaque, Town Sworn to oefore me this ...._. , - _. cloy :. of Southold,New York", made by Otto W. Van Tuyl under date of May 12, 1933, and filed in the Suffolk County Clerk's Office as Map No. 1124; running thence along said line of Kerwin Boulevard three courses as follows: (1) south 34 degrees 59 . ..(_.�....,.......... ....i..i...i..,t..n'...:........._.. minutes east 915.02 feet; (2) xatazp Pul1c south 68 degrees 22 minutes 50 seconds east 196.51 feet;(3)north 79 degrees 54 minutes 0 seconds east 209.32 feet to the northwest- erly corner of land of Rutkowski; thence along said land of Rutkowski, south 10 degrees 06 minutes 00 seconds east 125.0 -feet; thence along said land of Rutkowski and along the souther- ly and southwesterly side of the map above mentioned, the following three courses and distances:(1)north 79 degrees 54 minutes 00 seconds east 687.17 feet; (2) south 44 degrees 12 minutes 40 seconds east 908.48 feet; (3) south 61 degrees 11 minutes 30 seconds cast 159.50 feet; thence along land now or formerly of LaPorta south 46 degrees 48 minutes 40 seconds cast 150.16 feet to norttnvesterly corner of land of W. Kalbacker; thence along the land of W. Kalbacker the following two courses and distances: (1) south 44 degrees 19 minutes 30 seconds cast 139.74 feet; (2) north 60 degrees 00 minutes east 91.0 feet; thence south 27 degrees 08 minutes cast 50.06 feet to land of Adam Pekuuka; thence along land of Adam Pekunka the following two courses and dis- tances: (1) south 60 degrees 00 minutes west 879.13 feet; (2) south 47 degrees 43 minutes 30 seconds west 374.36 feet to land of Charles S. Sage Estates thence along land of Charles S. Sage Estate the following nor, courses and distances: (1) north 43 degrees 09 minutes 40 seconds -west 2736.73 feet; (2) north 32 degrees 42 minutes 00 seconds west 214.26 feet to the southerly side of the Long Island Railroad; thence north 55 degrees 01 minutes 00 seconds cast along the southerly side of lands of the Long Island Railroad 405.60 feet to the point or place of beginning. Excepting therefrom the lots 5,96 and 557 as shown on said map No. 1124. Together with all ease- ments and rights of %av appurtenants to said premises. including a right of way 50 feet in width between lots 122A and 119 as shown on said map, said right of way extending from Bayshore Road to the premises herein- before described, and all of the right, title and interest of Fred Goldman and Stanley Goldman in and to the lands under the highways adjacent to said pre- miser to the center line thereof and of,in and to any and all strips and gores of land adjacent and appurtenant to or abutting the hereinbefore described premises. 209.32 feet to the northwesterly comer of land of Rutkowski; thence along said land of Rutkowski, south 10 degrees 06, 00" east 125.0 feet; thence along said land of Rutkowski and along southerly and southwesterly side of the map above mentioned, the following three courses and distances: (1) north 79 degrees 54' 00"east 687.17 feet; (2) south 44 degrees 12'40"east 908.48 feet; (3) south 61 degrees 11' 30" east 159.50 feet;thence along land now or formerly of LaPorta south 46 degrees 48'40"east 150.16 feet to northwesterly corner of land of W. Kalbacker; thence along the land of W. Kalbacker the following two courses and distances: (1) south 44 degrees 19'30"east 139.74 feet; (2) north 60 degrees 00' east 91.0 feet; thence south 27 degrees 08' east 50.06 feet to land of Adam Pekunka; thence along land of Adam Pekunka the following two courses and distances: (1) south 60 degrees 00' west 879.13 feet; NOTICE OF HEARING (2) south 47 degrees 43' 30" west NOTICE IS HEREBY GIVEN Sage feet to land of Charles S. Sage Estates; thence along land that pursuant to Section 276 of the of Charles S. Sage Estate the OF SUFFOLK, J Town Law,a public bearing will following two courses and c NEW YORK, i ss: be held byB�fWth01d `Fb*h diridinces: (1) north 43 degrees' 1 Planning the e o� Or p"weat 2736.73 feet; (2)north Office, lli'6lm laa 32 degrees 42'00"west 214.26 feet . . . . . . . . . . . . . . being duly $wOTII, New Yo}'k, id,Town on the to*a southerly side of the Long 15th day ,d�y, IW4, at 7:30 Island Railroad; thence north 55 • , . . . . is Printer and Publisher of the SUFFOLK o'clock brAV.q}nlfig of said day degrees 01' 00" east along the onthequestio94t0eprelimtnary southerly side of lands of the TIMES, a newspaper published at Greenport, in said approval of tlte•following Plat: Long Island Railroad 405.60 feet Plat.of pro#6rty owned by to potutor place of beginning.id that the noticE, of which the annexed is a printed Posillil» '(j aPny4 Excepting therefrom the lots 556 Inc. ebtitlad it .}� ab shown on said map No. been published in the said Suffolk Weekly Times consisting of.it< ether with all easements situate, lying eed ilu Ar �. aodrights of way appurtenants to ich week, for . . weeks shamornitif4i in the ToI .of said premises, including a right Southold, county of Soft _ and: of way 50 feet in width between Iy commencing on the . . . . . . . . . . . . . . . . . . . . . . . . . State of New York, bouttd ^and lots 122A and 119 as shown on said described as fellows: : . . . . 19. . . . BEGINNING at a point brined map,said right of way extending . . ' from Bayshore Road to the by the intersection of the premises hereinbefore described, • . . ' . . . • . . ' • • . southerly line of lands of the Long and all of the right, title and in- More me this ' Island Railroad Company With j the westerly line of Kerwin Serest of Fred Goldman and Stanley Goldman in and to the . . . . . . . . . . . . . . . . 19. . . .. J Boulevard, ARA 119ilit of`hsghi- lands under the highways ad- Wing being the War �tlfly -..-jacent to.seid premises to the . . . . . :_ . . . . . . . . . . . . . . . . . . . corner of parcel iniht two as center line thereof and of,in and shown on a ceeti��ttq��p Mfdtled< . to any and all strips and gores of '. . . J01EFFi• A'tivn e,V^e T d 't�E46. . . . . . . • • • . . . "Amended Map I is Bay landadjacantandappurtenantto AM MY F-UEJfIC CF NEW y6lo<, Estates, situate at Arm or abutting the hereinbefore P Iz [I s uon< co Jy shamomaque,Town of Southold, premises. t1„, no sz 936636J New York";made by Otto W.Van '"? jperson desiring tobeheard bCom ,,,;, Ex6,resMach3n 19_,� Tuyl under date of May 12, 1933, oh-the above matter should ap- and filed in the Suffolk County at the time and place above Clerk's Office as Map No. 11%; ed. running thence along said line of 17pfed May 1, 1974 Kevin Boulevard those courses BY ORDER OF THE as follows: (1) south 94 degrees SOUTHOLDTOWN 59' east 915.02 feet; (2) south 68 PLANNINGBOARD degrees 22' 50" east 196.51 feet; JOHN WICKHAM,CHAIRMAN (3) north 79 degrees 54' 0" east April 18, 1974 Mr. George Wetmore Main Road Greenport, New York 11944 Re: August Acres Dear Mr. Wetmore: In Setter dated April 14, 1974, Lawrence Tuthill, P.H. made the following recommendations and comments. 1. That the grades be raised to following the existing ground as feasible to eliminate the roads from becoming drainage channgla. 2. That the 18" 0 drainage pipe on Pleasant Place appears to be Lnsufficient in size as presently shown. 3. Consideration should be given to the possibility of a drainage :asement along lots 34 and 36 on the east side for an 18" 0 pipe and a .ow point at the deflection at Station 17-30 on August Road. This would k1low the road to be raised stations 14-00 and 17-00 and give better 4gbt visibility at the intersection of Pleasant Place and August Lane. Consideration should also be given to a connecting road to either the Sage Estate property or the Pekunka property between the Sage Sput and the deflection of August Lane at Station 17-30. Under letter dated April 16, 1974 from the Superintendent of Highways, Mr. Dean stated that he concurred with Mr. Tuthill's recommendations. The Planning Board will require you to show the water main on :he map. Yours truly, Muriel Brush, Secretary Southold Town Planning Board .°4Y, LASER FICHE FORM SUBDIVISIONS SCANNED Proiect Type: Major DEC 2 6 20M Status: Final Approval SCTM # : 1000 - 53.-4-44.1 Records Management Proiect Name: August Acres Location: Greenport Hamlet: Greenport Applicant Name: Posillico Construction Company Owner Name: Posillico Construction Companv Zone 1: Approval Date: 11/13/1990 PLAT Signed Date: //11 3Ago OPTIONAL ADDITIONAL INFORMATION A date Indicates that we have received the related Information Zone 2: Zone 3: C and R's : Homeowners Association : R and M Agreement: Address: County Filing Date: SCAN Date: - NGl L5 : -� 12` j_ 2, I: ALL DRAIN PIPE TO BE, 16 GA. GALV CORR. METAL PIPE'" PERFORATED 12 SET LEVEL 3E'TWELN CATCH BASINS , 2 .FORGRADES AND OTHER DEIA;L S SEE A' PPRO E'D SUB DIVISIO �i � �/ ` PLAN AND RRr .f ,_CS .[xl, 12 STREET P SIGN" ; , 12lA. DIA. 12 ' \ i 12 15 0' 30 . 4X4r RIP RAP t Q TYPICAL EA' HDWALL ELEVATION it`- FENCE FG: 5.6 V-0 S�AL_E � � � - � - CUDE 31294 -. �� 0 TYPICAL HEApVVALL SEG116N SEE H. W. - - ---- - - - EQUAL 4 \ DETAIL ECG 6.0 / - -- - - - - - --- - — --- R O PU / - R - D E + BAYSHORE �� �- -- /~\ L i-: F.G. 5.6j i� j :o STANDARG �i _ STANDARD L_A- F fNI BASIN L EACH MG BASIN) - �` v I TYPE -�.Arr ! TYPE -A° - - — / 2L8 TYPE-8 4` DE` r L\ 6 i \ 18-� CMPP X - Sr_ � ION TNRU c -, ` 2 B TYPE-A ��CI � S ��LJf� BA I' �' 0 �n0° jo T\ r -- --- — NC -SCALE -- Y A I C I ItYPI�ALPLAN VIEW OR DRAIN_E?ASI CMPP l8 L B TYPE A Q C 2 _AI\IEz 'FJ C (( 2-LB TAPE-A _� �� 24 CONC. GUTTER ]OFT EA SIDE OF C B TYPIG L C / I ALTERNATE\ .,',CURB GRANITE BLOCK CURB' TYPE- B TYPICAL RQADVA) SEC T ► ) N w NIO �rALE M --27"/ CPP - - i { 4 I 1` tG0- F. EL 6.0 .-BERM If EXISTING / 16' QS CMPP: , /FRAME"AND GRATE „ kRWI I4 46 X A H N 4, 1 " 2r - 2 L.B.TYPE A I . °i - I2 C r1tP PRECAST . �\ .-._. PR - 3-LB TYPE-A ' -- — - -- - ''' -� _ � - -v --- ^� _��.._• -- 18 CM — — }FERWFN FLVP {II 12 OVERFLCUV' HEAD\A/AU (, OVER FLOW STRUCTURE /z — y-- 4 _ STR. HEADY/ALL c: J r- NG SCALE 30¢'CM?P ` G �xlw 15` � a I BERM' fi - LB TYFE B' 8`DEEP L, 8,,, CMPP' 2LD TYPE'A, OF i �1 .y �1 ^ �. l \ '. -jz, ? APPROVED: _ DATE; . _ _ . _ . _ DRAIPJAGE.AND":CTI IERr DETAILS - - _ ..__ uP`r. H IGI �u�r . r FOR oo AuGUST:. "..ACRES', I _ " }1 �s ' � . P LA �GIE�QRDATE" NN ' OF W TOWN x� GidEER AfzT-2 AA , I ei _ - , (, . .'. _ .l:- . i 1, •: .. i r - r ", ,. i.. : .. - _ : : _ f1'' j:: I _ t " J, JI -- ---------- ----- ------ r5 15 A 10 7 9.z '10 Ic 67 to f &.45 i Zxij . 9 r La. 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