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1000-83.-2-9.1
i lY' i i . . ,,dt _ ,=.~t L~ ~b ~ ~ y~2' _ _ _ _ SORI N.GL_ SUR~N~E`r' BY: w ~ ~ . ~ HAWICINS, WEBB, .lAE6ER ~ fN`, ~ \`S ~ _ WITHIN THE 50' SETBACK OF THE BLUFF AS°~OC,IAT'E5, P.G. ~ N . E~,/'~~ ? ~o / ~tMINATE ALL eRU5H, VINES, DEAD PORT .~FF'i~t, NY a.~' yr* OF~ ~ ~ ~ e~j~ TREES, AND GF$RRY TREES SMALLER DATI3~:..U1~ ~00~ ~'It _ ~ _ _ / THAN 5". RE-VEGETATE UNDE>ftSTORY W m NfJTEi ALL $7~OSED SOIL AREAS ~ WITH LOW BUSH BLUEBERRT, INK BERRY ALOli6 TfE 51"E>lp1E OF THE BLUFF 5HALL BAY9QiRY. EXI5TiN6 TR135 TO BE ~ v ~Q PLAN7$? YUTI•I Gi~PE AhBtiGAN \ PRUNED A5 REQJIRED. PRUNING AND ~ ~A~~'10iRIN_A. r r / TRiMMIFi6 SHALL BE DOFF BY HAND IN ~ l4F~V4.Im?It.ATA) 9-I~ tNCF1 9FIOOTS, 13" THE BuFi=ER ARE/.. ~ ~ J 6'~1 GlMfiER. ~ J ' ~ _ _ _ M X ~ LL ~+~i ~ i / ~ ~ ~ i ~ ~t~ ~ _ " - - tY - ~L - v W ~ \ ~G.11~"' \ LOT x~ ~~p'h.~~sd OF Neff ~ ~ 1~~~1NNtt+iG BQARD ~ ~ _ r- \'o. \ c ,go` of \ 9 t4 +QF 0 ~ \ \ 1- ~ 9 >3493 ~ J ~ E~5T1N6 51N6LE FAMILY \ ~~~s:-~ ~ it RE5IDENCE "5 v v v J ~ \ # v ~ ~ ~ 4 ~ ~ r9~~ ~ ~\026'42 F>, ~ .(~t~~[ z m` v ~ ' TcaT~.. ~A=136,244 . Pt.• \ ~z" L=,~, ti 81JlLDAflLE LAND=61,0"7o~5q Ft LIMIT of CLEARING \ Q, 5 ~ . ~ J Ft.4~i.=55,~DS 5q. Ft. Sj \ ~ ~3A~ ~`'~S~<b v~ z 'GLgAR~ AFpEA TOTAI. AF~A - R.O.W .=30,181 `xi Ft 6 R=20.00' 's!, ~ D~ O ~ ~ ~ 3"1515 CLEARED OF TOTAL AREA• 6' ~ ~ L=32.85' yb~ ~!'b (t~ 1- ~ I ~ v * TOTAL AREA L?OE~ NOT iPtGLUDE ARFA SEAWARD \ ~ ~ ~ t- - OF THE APPARENT HIGH WATER MARK. ~ ~ LOT ~ ~p.'~' ~ ~ ~ SITE ~'~~N \ d~'a° ~ ~ - of ~ _ \ R=50.00' , ~ L=239.IG' ' 3o as o so ioc Aso accr` a.~ p j ~r~c-scAL~ r~ s,, I / Hh1rYF'It ham, p.G• ~ ~1 - ~ 2 Fir, ~ ~ M~"r ~d' ~ s ~ X~U- rT \Y ,`'~'9~. - i - ' ru'~*"P1 ~ ~t- Grp"" _ ~ ~Zi ~ I ` ~ ~ ~'YR~"^" VO~&YN ~ IN - ~ BY NE ~~.~.fi~~r~` APPRC?V~.D ~ ~ rT.sur ~ s~ pLANNiN~ > - µpT~~ N•?~y,~~ p~ - ~ TOY1'i'! OF St~Ji'riOLD ' 8~~'I~µ 12' ~„i LOT ~ pA ~ i,/ 073493 {B~1" ~ ? ~ 3~ ~s (V ~ ~ ~ at 6 ~ O ~ ~ i , f-+ s d CS 1 LntlT OF ` i q, W d E" # E"" ..J / ~ ~~1 ~ ~ ~ C \ ~ ~ ~ LOT 'r' ~ lx ~ ~_,~SjgITT T ~ r Y~ ~2 ~t r ~Y ~ 4 pLG9 P~A~~~p~~Q~ ~t ~ aR" ~N jpTPJ- ~ LAND=5b, ~i A~ ~ 8 pT~PJ.-~~~`~ ~ ~.nr~.n~ vwl~rt ~ t t G~~~~fl NOT tNG ~~.~R i ~,`4 PtGy. . T4T ~ p~~+2E~'•' ~~s~ p, ~ ~~'`-T("' ~ ~ ~i 1 250 / 1 ~ ~ i0O t50 2~ ~ ~ ~ - No. 50065 POINT OF 20.00 R=50.00 L=23gAg' T SCALE: I"=lO0'O" EL.~ATI~ 4" HATER E~RVI~,E FOR/'/'~' PARCEL.5 1,2.~ 4 TO BE NO LEO5 THAN 50 ~1 ~R PARCELS 1,2.,~/~ 4. pIF~ C~;%IPLIN¢ DETAIL q/18/2OO2 ELEV= TEST HOLE DATA NOT TO SCALE 12RAINACE C, ALOULATION.~: PAVED f~AINFALL: 2" RUNOFF COEFFICIENT = I V= ARG PA'v'E~ A~;~EA I -- lO40 VOLUME f~EGUIREp = 1040 E~,PT.x.lb'/'×I = I'~5~ CU.FT. VOLUME P~VlDE~ -- q5'7.8¢ CT~U.FT VOLUME ~IREO = I~¢~ ~.FT.x.lbl'xl VOLUHE ~VIDED = 2~1~4 GU.FT. VOLUHE ~UIREP = VOLUME ~VIDED = 2052~ ~,FT SU"JECT TO COVENANTS & RESTRICTIONS LIBER 1 ~ 2O' MIN, DHELLIN~ 45 TOTAL J I-/5' MIN. HA1 ~ HAIN STREET FINAL HAP ~APHIC 5GALE 200 6OVENANT5 AND REGTRICTIOI~ APPROVED BY PLANNING BOARD TOWN OF SOUTHOLD PAVEMEN'I' DETAIL 5.C,.D.H.,e,. I~,L=t=. ~1~10.-02-0006 10.~ OF THE FAf~.HLANE) ON 5UB,.JECT HILL B~ F:~E.~-RVED ON LOT #5 I. TH~ LOGATION OF THE COASTAL EROSION HAZARD LINE _~~~~ 4. THE 1~.O2 A(,,RE5 UPON }.~41CH I:;~VELOPHENT RIE~HT5 HILL 5~/~ ~ ~ ~H TO~ ~ ~ PL~ ~ OREGON LANDING I SITUATE AT PO~T JEFFERSON, LON~ ISLAND, NE~ ~ • MAILING ADDRESS: ~ PLANNING BOARD MEMBERS' ~~pF SOUjy~ So uh ld ~NY 11971 JERILYN B. WOODHOUSE ~0 l0 Chair OFFICE LOCATION: WILLIAM J. CREMERS u> >c Town Hall Annex KENNETH L. EDWARDS ~ ~ ~O 54375 State Route 25 GEORGE D SOLOMON ~~~~DUIY ~ ~ Ccor. MaSoR h &dYoNu~ngs Ave.) ~'1 ~ ~ Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 14, 2005 Ms. Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Standard Subdivision of Oregon Landing I Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue SCTM#1000-83-2-9.1 Zoning: A-C Dear Ms. Neville: The Southold Town Planning Board, at a meeting held on Monday, June 13, 2005, adopted the following resolutions: WHEREAS, the proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2- 9.1)into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale to the Town of Southold; and WHEREAS, the applicant has entered into a Sale of Development Rights Contract with the Town of Southold on January 7, 2004; and WHEREAS, on May 9, 2005, the Planning Board granted conditional final approval on the plat, dated as revised March 22, 2005, and all conditions have been met; and WHEREAS, the applicant has submitted the Park and Playground Fee in the amount of $21,000.00; and WHEREAS, the applicant has submitted a Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245.00; and WHEREAS, the applicant has submitted the Administrative Fee in the amount of $9,854.70; and ~ . • Oregon Landing I -Page Two - 6/14/05 WHEREAS, the applicant has entered into a contract (#11-03-230-C) with the Suffolk County Water Authority to install approximately two thousand one hundred twelve (2112) feet of main on Cox Lane and one thousand eight hundred twenty three (1823) feet of main on Oregon Road; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board accepts the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245.00 and recommends same to the Town Board; and be it further RESOLVED, that the Southold Town Planning Board grant final approval on the plat, last revised on March 22, 2005, and authorize the Chairperson to endorse the plat upon the satisfaction of the following condition: 1. The approval of the Letter of Credit #050602 by the Town Board. The mylar maps, when endorsed by the Chairperson, 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- two (62) days of the date of final approval shall become null and void. If you have any questions, please do not hesitate to contact this office. Very truly yours, rilyn B. oodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator ~ • I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII (IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Recorded: 06/13/2005 Number of Pages: 8 At: 03:36:51 PM Receipt Number 05-0062824 TRANSFER TAX NUMBER: 04-44578 LIBER: D00012392 PAGE: 123 District: Section: Block: Lot: 1000 083.00 02.00 009.001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $24.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $20.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $104.00 TRANSFER TAX NUMBER: 04-44578 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County ~~U ii GJJ, t } ~ 2 • 3 P P ~ _ Number of pages (J - ~ ~ # of ~ TORRENS Post-it"' Fax Note 7671 DaiCf a~' pages i Fro/ To Serial # Co.lDePt. eo~~ ~ O/ ray, Phone# Phone#~(.S, f9'jg Certificate # Fax a i7%'~ Fax a 2 ~ _ -~p Prior Ctf. # Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 4 FEES Page /Filing Fee ~ Mortgage Amt. Handling - I. Hasic Tax TP-S84 ~ 2. Additional Tax Notation / / Sub Total EA-52 17 (County) Sub Total ~ Spec 1Assit. Or EA-5217 (State) Spec. JAdd. _ 2P.T.S.A. ~ .y~r~COIOfi~jyAt 'TOT. MTG. TAX 2~~ Dual Town Dual County Comet. of Ed. - 5 00 . ~ . Field for Apportionment Affidavit ..~~rr~~ T' + q , - 3` a Transfer Tax V No In4t~ V f i~ 'C~ Copy ~Y~i% ~9`~ Mansion Tax The property covered by this mortgage is or Reg, Copy will be improved by a one or two family . /~V dwelling only. S Sub Total YES or NO Other ~ If N0, see appropriate tax clau e on page # GRAND TOTAL ~ of this instrument. ~ S Real Property Tax Service Agency Verification 6 Community Preservation tmd Dist. Section a r^~~ ,aeration Amount $ 1000 08300 0200 009001 ~ $ Stamp CPF Tax Due Date ~ Improve \DTM ~ - 13JUN-05 ~ Vacant Lan Initials - 1 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD _ RECORD & RETURN TO: 1'D _ Steven E, LOsquadro, P. C, TD 701D Route 25A _ _ Rocky Point, NY 11778 s Title Company L+form~tion Co, Name Title # 9 Suffolk Count Recordin f & Endorsement Pa ~ This page fotnts part of the attached Easement _ made by: (SPECIFY TYPE OP INSTI2CINIL'NT ) Manzi Trust the prenuses herein is sihtated in villa Amorosa _ SLIFFOLKCOIJNTY,NLWYORK TO [nfheTosvtuhipof_ Southold Manzi Trust In the VILLAGE - M a t t i t u c k villa morosa or HAMLET of "')XES 5 THRU 9 Mtl`~ I- BE TYPED OR PRITv IT'D IN BLACK IIJK ONLY PFdOR_"f0 RP:COlZL1TN~ Ok i~?` fl`iG. CROSS EASEMENT THIS AGREEMENT made this ~ ~ day of r/ ~~~"'j~ , 2005, by Richard Manzi as trustee of the Joseph G. Manzi Irrevocable Trust dated March 28, 2000 as to an undivided 75% interest and Villa Amorosa, LLC residing at 5 Shelly Lane, Mount Sinai, New York 11766 and 31 Stoneleigh Road, Scarsdale, New York 10583, respectively, hereinafter referred to as OWNERS: WITNESSETH: That for and in consideration of ONE and 00/100 ($1.00) DOLLAR, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: The OWNERS named herein, Owners of a parcel more particularly described in Schedule "A" and specifically known as SCTM # 1000-083.00-02.00- 009.001, desiring to effect a Major Cluster Subdivision, hereby grant to each parcel, their successors and assigns, guests and invitees, a perpetual easement and right-of-way for the ingress and egress, for gas, electric, cable TV, telephone, water mains and lines, and any and all utilities under and through the right-of- way, as described in Schedule "B" the subject premises for parcels 1, 2, 3 and 4, of a Major Cluster Subdivision map of Oregon Road, located in Cutchogue, New York, said parcels lying and being in the Town of Southold, County of Suffolk and State of New York, said easement and right-of-way is more particularly described in Schedule "B" attached hereto and made a part hereof. Further, a ten foot (10') wide easement shall extend through the subject parcel to the Long Island Sound, said easement is more particularly described in Schedule "C" attached hereto and made a part hereof. Moreover, the installation of stairs, stairways or any other structure proposed to access the beach from parcels 2, 3 and 4 shall be prohibited, as access to the beach shall be limited to a single structure contained within the aforementioned 10 ft. wide easement on parcel 1, which shall serve the residents of the entire subdivision. That OWNERS, their successors and assigns, guests and invitees, take the premises subject to the above described easements and rights-of-way and rights of others along said rights-of-way. That this grant and easement shall, at all times, be deemed to be continuing covenants running with the land and shall be binding upon the heirs, successors and/or assigns of the parties herein. It shall be the obligation of the then OWNERS of the subject parcel, their heirs, successors and/or assigns, to repair and/or maintain the said easement area. Each property owner shall be required to pay a 25% share of said maintenance and repair cost. In addition, the lot owners, their heirs, successors and/or assigns shall be equally responsible for the clearing of snow and maintenance of the easement and right-of-way, including but not limited to the maintenance of grass, trees, and bushes, if any. The owners of parcel 2, their successors or assigns shall be responsible for the collection and management of all of the aforementioned maintenance fees and activities in perpetuity. Upon its full execution by the parties herein named, this document shall be recorded in the Suffolk County Clerk's Office, and upon said recording, this Cross Easement shall be fully enforceable by the Town of Southold. IN WITNESS WHEREOF, the parties hereto have caused their hands to be hereinto fixed, and those presents to be signed as of the day and year first above written. ~liza%~ Richard Manzi, As Trustee K in B. Faga, Member (~~1ov6SA ACKNOWLEDGMENT State of New York ) ):ss.: County of Suffolk ) On the 13 day of June in the year 2005, before me, the undersigned, personally appeared Richard Manzi, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person on behalf of which the individual(s) acted, executed the instrument. FREDERICK J. NAPOLI4AN~J Notary Public, State of New York eg.No.01NA6089519 ~uafified in Suffolk County Commission Expires hAarch 2Q, I Notary Public ACKNOWLEDGMENT State of New York ) )as.: County of Suffolk ) On the 13 day of June in the year 2005, before tne, the undersigned, personally appeared Kevin Faga, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person on behalf of which the individual(s) acted, executed the instrument. FREDERICK J. NAPOt.ITANO Notary Public, State of New York Reegg No.01NA6089519 QuaPfied in Suffolk County ~ ~ ~ } Commission Expires March 24, STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY T AT I HAVE COMPARED THE ANNEXED COPY OFj, , DEED LIBER~-AT PAGE ~ RECORDED ~ ' AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL EASEMENT AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREU O SET MY HAND ANA FFIXED THE SEAL OF SAID COUNTY AND COURT THIS ~ 3 DAY OF :~cS~ 12-616 l9tlco CLERK SCHEDULE A Metes and Bounds Description Of the Major Cluster Subdivision Nlap of Oregon Landing Situate in the Town of Southold, County Of Suffolk, New York Suffolk County tax map i# 1000-83-2- 9.1 Beginning at a point nn the Northwesterly side of Oregon Road at tkze Southeasterly corner of the land dzvision Map of Oregon Landing; running thence Southwesterly from. said point of beginning along the Northwesterly side of Oregon Road S 61° 26' 00" W 466.30' to ]and now or formerly of $wiatocha; running tkzence Northwesterly and Southwesterly along said land now or formerly of Swiatocha N 4B° 53' 00" W 484.00' and S 61° 26' 00° W 180.00' to land now or formerly of the County of Suffolk and Steele; runnixzg thence Northwesterly along said land of Swiatocha and Steele as well as along lands now or formerly of Solanger N 48° S3' 00" VJ 1,516.00' to the Long Island Sound; ruztning thence Easterly along the Long Island Sound N 71 ° 26' 42" E 742' to land mow or forrerly of Blados and Shalvey; running thence Southeasterly along said land of Blados and Shalvey S 47° 49' 00" E 1,850.00' to the Northwesterly side of Oregon. Road and the point or plane of beginning, containing within said hounds 25.79 acres. i ~ SCHEbULE B Metes and Baunds pescription Of the 25 foot wide right of way Over the Major Cluster Subdivision Map of Oregon Landing Situate in the Town of Southold, County O£ Suffolk, New'Y'ork Suffolk County tax xnap # 1000-83-2-PJO 9.1 Beginning at a point on the Northwesterly side of Oregon Road at floe Southeasterly corner of the A~lajor Cluster Subdivision Map of Oregon Landing; runnixzg thence Southwesterly from said point of beginning along the Northwesterly side of Oregon Raad S 61° 26' 00" W 26.48' to Parcel 5 on the Major Cluster Subdivision Map of Oregon Landing; running thence Northwesterly and Westerly through said Iqt 5 the following three (3) couzscs and distances: 1) N 47° 44' 00" W 1,289.11' 2) Along a curve to the left having a radius of SD.00' anal a lengtkx of 53.00' 3J S 71° 26' 42" W 482.77' to the cul de sac of this right of way; running thence izz a clockwise fashion axound the ctzl de sac of this 25 foot right of way along a curve to the left having a radius of 20.00' and a length of 32.85' and along a curve to the right having a radius of 50.00' and a length of 239.19' to Parcel 1 an the Major Cluster Subdivision Map of Oregon Landing; running thence Easterly along said Parcel 1 and along parcels 2, 3 and 4 on the Major Cluster Subdivision 'Map of Oregon Landing N 7X° 26' 42" E 596.54' to land now or formerly of 131ados and Shalvey; running thence Southeasterly along said land of Blados and Shalvey S 47° 44' OQ" E 1,341.79' to the Northwesterly side of Oregon Road and the point nr place of beginning, containing withsn said bounds 7„27 acres. SCH$AOLE C Metes and Bounds Description Of the 10' wide easexzxent to Long Ssland Sound Over Parcels 5 and 1 on the Major Cluster Subdivision Map of Oregon Landing Situate in the Town of Southold, County Of Suffolk, New York Suffolk County tax paap # 1000-83-2-P/O 9.1 Beginning at a point nn Parcel 5 of the Major Subdivision Map of Oregon Landing on the cul de sac of the 25' rigkzt of way serving same the following six (6) courses and distances from the Northwesterly side of bregon Road; 1) S 61° 26' 00" W 26.48' as measured along the Northwesterly side of Oregon. Road from the Southeasterly corner of the Major Cluster Subdivision Map of Oregon Landing 2) N 47° 49' 00" W 1,289.11' 3) Along a curve to the left having a radius of 50.00' and a length of 53A0' 4) S '~1° 26' 42" W 482.77' to the cul de sac of this right of way; S) running thence in a clockwise fashion around the cul de sac of this 25 foot rigkat of way along a curve to the left having a radius of 20.00' and a length of 32.85' and 6) along a curve to the right having a radius of 50.00' and a length of 207.02' to the point of beginning; Running thence Westerly through Parcel 5 on the Major Cluster Subdivision Map of Oregon Landing S 71 ° 26' 42" W 98.74' to land now or formerly of Bolinger; running thence Northwesterly along said land of Bolinger N 48° .53' 00" W 525.24' to the Long Island Sound; running thence Easterly along the Lang Island Sound N 71° 26' 42" E 11.59' to a point; mm~ing thence Southeasterly and Northeasterly through Parcel 1 on the Major Clvster Subdivision Map of Oregon Landing S 48° S3' 00° E 513.66' and N 71° 26' 42" E 123.00' to the cul de sac of th.e 2S' right of way on the Major Cluster Subdivision Map of Oregon Landing, running thence generally Southwesterly along said ev.l de sac in a counter clockwise fashion along a curve to the left having a radius of 50.00' and length of 32.18' to the point or place of beginning, containing within said bounds 6,249 square feet. ELIZABETH A. NEVILLE, RMC, CMC ~ O Town Hall, 53095 Main Road O~~pF SOUlyol TOWN CLERK l~[ ~ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS ~c Southold, New York 11971 MARRIAGE OFFICER ~ ~ ~O Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ~~~C Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ~~n 1 ~i southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 30, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Lawrence Milius, Sr Vice President The Suffolk County National Bank 4 West Second St. Riverhead NY 11901 Re: Irrevocable Letter of Credit No. 050602 Subdivision of Oregon Landing 1 SCTM #1000-83-2-9.1 Dear Sir: Enclosed herewith is the Letter of Credit No. 050602 issued June 2, 2005 for account of Manzi Homes Inc. Also enclosed is a certified copy of the Southold Town Board Resolution No. 2010-551 authorizing the release of the Letter of Credit. Please do not hesitate to contact me if you have any questions concerning this matter. Very truly ynours,~~.p~~ Linda J. Cowper Deputy Town Clerk Enc. cc: Manzi Homes Planning Dept. I ti, ~ . ~ . m m ~ In ~ ~ ~ AA M1 M1 ~ ~ A o a ru ru ~ sp Postage $ M1 M1 Certlfietl Fee ~ ra A Postmark O O Return Receipt Fee Here p p (Endorsement Requeed) ~ O Restrk1ed Delivery Fee ' O O (Entloreement Required) N r1J ~ ~ Total Postage 8 Fees O l7 O O O O Street APt. No er PO 9nx NO. a UJ es t._~~~._sr----------------------~------~- M1 M1 City, SYete, ZIP+4 / ~ O ~fdGAGNf~ Ny S •.r rr ¦ Complete Items 1, 2, and 3. Also complete A Signature I I Item 4 If Restricted Delivery is desired. ~ I ~ ¦ Print your name and address on the reverse X ~ Addressee I so that we Can return the card to you. g. Received by (Ponied Name) C. Date of Delvery I ¦ Attach this card to the back of the mailpiece, i or on the front if space permits. D. Is delivery address different from item 1? ~ Yes t. Article Addressed to: If YES, enter delivery address below: ? No I S C N~7'io,vff~- ~3ANK iI a CtJL"ST 'olnc! S' ~ I ~~lJp{L~.Cvc~ Nom( 3.Servl Type Certifletl Mail ? ExPr~ Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O:D. 4. Restrwted Delivery? (Extra Fee) ? Yes 'I z. Article Number 709 082 001 7820 7153 (riarrsfer from seMce labeq _ ~ i PS Form 3811, February 2004 Domestic Return. Receipt to~sssln-Mnsao I r THE SUFFOLK COUNTY NATIONAL BANK COMMERCIAL LOANS ~ 4 WEST SECOND STREET, RIVERHEAD, NY 11901 PHONE: (631) 208-2266 FA7C: (631) 727-1399 June 2, 2005 i,_ Town of Southold 53095 Main Road ~ ~ h~ - 2vQ5 Southold, NY 11971 Re: Subdivision of Oregon Landing 1 SCTM#1000-83-2-9.1 i. __J Irrevocable Letter of Credit No. 050602 Madam and Sirs: By order and for account of our client Manzi Homes Inc., of 1800 Route 25A, Rocky Point, New York 11971, we hereby issue in your favor our Irrevocable Letter of Credit No. 050602 up to an aggregate amount of U.S. $164,245.00 effective June 2, 2005. Funds under this Letter of Credit are available by your sight draft(s) drawn on us, indicating our Letter of Credit No.OS0602 and accompanied by: "Beneficiary's signed statement certifying that Manzi Homes, Inc. has failed to complete improvements to the subdivision known as Oregon Landing 1: SCTM #1000-83-2-9.1, zoning A- C, on Oregon Road between Cox's Lane and Bridge Lane in Cutchogue." Improvements include: "the subdivide of a 25.79 acre parcel into 5 lots where parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel S will equal 17.02 acres which is proposed for a Development Rights Sale to the Town of Southold" as per Planning Board letter dated May 9, 2005. Draft(s) drawn to state: "Drawn under The Suffolk County National Bank Letter of Credit No. 050602 dated June 2, 2005:' It is a condition of the Letter of Credit that it shall be deemed automatically extended without amendment unless we shall notify you in writing by certified mail at the above listed address ninety (90) days prior to expiration that we elect not to consider this Letter of Credit renewed for any such additional period. In such an event the Letter of Credit may be drawn on in the full amount. We hereby engage with you to honor your draft(s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: The Suffolk County National Bank, 4 West Second Street, Riverhead, New York 11901. Address all correspondence regazding this Letter of Credit to The Suffolk County National Bank address mentioning specifically our Letter of Credit No. 050602. Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publications No. 590. The Suffolk'County National Bank a rice ~lm~ Senior Vice President RESOLUTION 2010-551 ADOPTED DOC ID: 6042 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2010-551 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 27, 2010: RESOLVED that the Town Board of the Town of Southold hereby releases the following letter of credit for the Oregon Landing I Maior Subdivision: Letter of Credit No. 050602, dated June 2, 2005 issued by the Suffolk County National Bank in the amount of $164,245.00, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. ~~Q, G. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell ~i~ ~qC~,J L,f}~r~ T 5~~~ Laura Bolinger, Esq. P.O. Box 256 Cutchogue, Iy.Y. 11935 'I1rl: (631) 655-4000 Cell: (917) 847-3093 E-Mail: Bolinger@optonline.net 14 µ~,h~?,~-~ Pax: (800) 959-3093 ~ , _ g 2006 4 ~~~i'tit\ To Whom It May Concern.t My name is Laura Sctlin r a 'the owner,ofthe' land'at~13459 Oregon Road in r`utchog c, ~~~h~-a :have ltvt,d lull iuuc;,s~i~rrc'c iJiay of 20d2. I have owned the property since 1996 It has just now been brought to my attention that the Southold "town planning board has approved a right of way, which runs the length of my property down to the beach, for beach access by the four proposed homes in the Manzi subdivision, which lies to the east of my lot. However, I was never made aware of the planning board meeting regarding this right of way adjacent to my property, and would like an opportunity to voice my dissent. According to the records at Southold Town, in ,April oF200~, Manzi sent a certified letter notifying the of the board meeting regarding the right of way to 188 Columbia Heights, Brooklyn, NY 1 1201. 1 never received that letter, as 1 have not lived at the address, nrr owned that property, for almost four years. The only address the tax assessor's office of Southold Town has for me is 13459 Oregon Road, Cutchogue; all of my correspondence with Southold Town is to and from this address. Clearly A~anzi cannot be permitted to fulfill his legal obligation to notify me of a planning board meeting that directly affects my property by mailing notification of such to a defuner address. I wnnld like to voice my unposition to this right of wav. and to appear before the board with regard to it, as is my right. Please contact me with regard to this matter as soon as possible. Thank you. Sincerely Laura , : gee ~ ~ I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 06/13/2005 Number of Pages: 7 At: 03:36:51 PM Receipt Number OS-0062824 LIBER: D00012392 PAGE: 124 District: Section: Block: Lot: 1000 083.00 02.00 009.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $21.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $17.50 NO RPT $30.00 NO SCTM $0.00 NO Fees Paid $93.50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County r 2 • Number of pages t "'~~-`-ixr'rg` r;~ TORRENS ~ ~ , Serial # _ _ ! . U _ _ ~ ~i Certificate # r L_ - Prior Ctf. # Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 FEES Page /Filing Fee 7~ Mortgage Amt. I . Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assn. p of EA-52 17 (County)__ Sub Total _ Spec. /Add. EA-5217 (State) TOT. MTG. TAX - ®~~~'O~Iy~ Dual Town _ Dual County R.P.T.S.A• ~ Held for Appointment _ Comm. of Ed. 5. 00 ~ A ~ ~ Transfer Tax ~ Mansion Tax Affidavit ~'1 Ho,„aE'`~SS The property covered by this mortgage is Certified opy or will be improved by a one or two Reg. Copy ~ ~ family dwelling only. i Sub Tatal (D _ YES or NO Other ~ ~ If NO, see appropriate tax clause on Grand Total ~ ' page # of this insU~ument. 1000 083.00 02.00 009.001 4 District Section Block Lot 5 Community Preservation Fund Real 1000 08300 0200 009001 Consideration Amount $ Property Tax Service TF, S CPF Tax Due $ Agency ~R DTY A~ Verification 13~JUN-o~~11 Improved Vacant Land _ _ 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD Steven E. Losquadro, P. C. TD 701D Route 25A Rocky Point, NY 11778 TD 7 Title Com an Information Co. Name Title # i Suffolk County Recording & Endorsement Page Covenants & Restrictions This page forms part of die attached made by: (SPECIFY TYPE OF INSTRUMENT) Manzi Trust The premises herein i,~~. situated in Villa Amorosa SUFFOLK COUNTY. NEW YORK. Southold TO In the Township of Manzi 'Frost In the: VILLAGE Villa Amorosa Mat_tituck or HAMLET ol~ BOXES fi TI-1R1! S MUS"T' BF. TYPED OR PRINTED 1N BLACK INK ONLY PRIOR TO RECORDING OR I1LlNG. ~s ....r.._ ~ (~rvcri THIS DECLARATION made by Richard Manzi as Trustee of the Jose h G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000, this /.3 day of ~~JY 2005, residing at 5 Shelly Lane, Mount Sinai, New York 11766, as to a 75% undivided interest, and Villa Amorosa, LLC, with offices located at 31 Stoneleigh Road, Scarsdale, New York 10583, as to a undivided 25% interest, herein after referred to as DECLARANTS, as owners of premises described in Schedule "A" annexed hereto (hereinafter referred to as PREMISES) desire to restrict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct, approval of plans or approval of a Major Cluster Subdivision or development on the PREMISES. 2. As a condition of approval by the TOWN of the subdivision or development application, the DECLARANTS covenant as follows: a. that there shall be 50' buffer "set back from the top of Bluff' said buffer to be undisturbed with the expectation of the removal of dead or noxious vegetation, and within the 50' buffer dead trees and cherry trees smaller than 5" can be removed by hand, re-vegetate understory with low bush blueberry, ink berry and bayberry. Existing trees may be manually pruned and trimmed as necessary. Grading within 50' buffer is prohibited; and b. that no clearing of said 50' buffer, with the expectation of the removal of dead or noxious vegetation, shall take place without the approval of the TOWN Planning Board; and c. that their successors and/or assigns, must submit an erosion control and re- vegetation plan to the TOWN Planning Department when seeking the aforementioned approval; and d. that newly planted areas as noted on the plat shall survive for a period of two (2) years following the release of bond; and e. that no storni water resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner; and f. that no new residential structure or sanitary facility shall be constructed or otherwise located within 100 ft. landward of the top of bluff, and g. that the future subdivision of parcel s is prohibited following the sale of development rights; and h. that on areas of the bluff that have exposed soil, beach grass (Ammophilia Breviligulata) shall be planted prior to the release of the performance guarantee and that said beach grass shall survive for a period of five (5) years; and i. that prior to the final approval of this major cluster subdivision DECLARANTS shall provide a signed written statement addressed to the Planning Board that states "the creation of this subdivision in no way commits either the Town of Southold or the County of Suffolk to any program to protect this property from bluff and shoreline erosion through the construction of engineering or other works; and j. that prior to any construction activity, DECLARANTS shall secure a General Permit for Storm-water Runoff from Construction Activity (GP-02-O1) administered by the New York State Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program; and k. no stairways, stairs or other structures shall be installed which allow access to the beach from parcels 2, 3 & 4; and 1. no structures shall be proposed or permitted within 100 feet from the top of the bluff line without a grading plan approved by the Office of the Town Engineer and the Planning Board and all appropriate permits; and This subdivision is subject to the Article XXII, Farmland Bill of Rights (Added 5- 27-1997 by L.L. No. 11-1997) Section 100-220. Right to Farm of the Town of Southold Town Code. 3. The DECLARANTS their successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above-described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANTS, their successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be in addition to and not in derogation of limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding on the DECLARANTS, their successors and assigns, and upon all persons or entities claiming under them. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. ~y""7, 9'3 y ct`o ~ ~F ichard Manzi, as Trustee Vil morosa, LLC By: Kevin B. Faga • SCHEDULE A Metes a.nd Bounds Description Of the Major Cluster Subdivision Map of Oregon Landing Situate in the 'T'own of Southold, County Of Suffolk, New York Suffolk County tax map # 1000-83-2- 9.1 Beginning at a point on the 1orthwesterly side of Oregon Road at the Southeasterly corner of the land division Map of Oregon Landing; mm~in.g thence Southwesterly from said point of beginning along the Northwesterly side a£ Oregon, C2oad S 61° 26' 00" W 46b.30' to larxd now or £ormerly of Swiatocha; running thence Northwesterly and Southwesterly along said land now or formerly of Swiatoeha IV 48° 53' 00" W 484.00' and S 61 ° 26' 00" W 180.00' tp Land now or formerly of the County of Suffolk and Steele; running thence Northwesterly along said land a£ S~sviatoelaa and Steele as well as along lands now or formerly of SoLiszger 1V 48° 53' 00'° W 1,516.00' to the Long Island Sound; running thence Easterly along the long Island Sound N 71 ° 26' 42" E '742' to Iand now or formerly of Blados and Shalvey; running thence Southeasterly along said land of Blados and Shalvey S 47° 49' 00" E 1,850.00' to the Northwesterly side of Oregon Road and the point or place of beginning, containing within said bounds 25.79 acres. ACKNOWLEDGMENT State of New York ) )as.: County of Suffolk ) On the 13 day of June in the year 2005, before ine, the undersigned, personally appeared Richard Manzi, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person on behalf of which the individual(s) acted, executed the instrument. FRHDER~CK J. Ft,„?~LrFr*.'~ Notary Pubfic, S'ste of [~svu York Regg No.O1NA5G895i9 Cuafified in Suffolk County U~ Commission Expires March 24, ~ Notary Public ACKNOWLEDGMENT State of New York ) )as.: Count of Suffolk Y On the 13 day of June in the year 2005, before me, the undersigned, personally appeared Kevin Faga, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by STA E OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DDEED E BER E ~ 1F~T,k1~l HA VP GOMPAj F~p~THE ANRECORDEDPY O~ ~ 3 ~ j AND THAT IT IS A JU NATS D TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THER F. IN TE TIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND D AFFIXED THE SEAL OF SAID COUN Y AND COURT THIS ) 3 DAY OF ~~9,`,~~ ~ ~5 1~! CLERK ,z_o,gg ,~,„~a a~tt~~ ~ ~ ~~rf ~a°`0 ~ Southold Town Board Elizabeth A. Neville 53095 Main Road Telephone: (631) 765 - 1800 Y ~+~o~ ,F .~aa`~ Southold, NY 11971 m ~ T7 July 29, 2010 I~~~II~~~IIIJ~~L~J~~~IL~~III Mrs. Carol Kalin Planning Q 2~~0 PO Box 1179 53095 Main Road i Southold, NY 11971 Dear Mrs. Carol Kalin: Please be advised that the Town Board, at a meeting held on July 27, 2010 4:30 PM, considered the following resolution(s): Resolution RES-2010-551 Adopted [Unanimous] Release Letter of Credit.• Oregon Landing 1 CC: Heather Lanza Mark Terry Christine I=oster, Secretarial Assistant Janice Poglia Lynne Krauza Connie Solomon John Cushman Ruthanne Woodhull, Assistant Linda Cooper, Ueputy Town Clerk Lynda Rudder, Ueputy Town Clerk Elizabeth Neville, l'own Clerk Phillip Beltz, deputy supervisor Sincerely Yours, Elizabeth A. Neville Town Clerk Southold Town Board - Le~ Bo• Meeting of July 27, 2010 ® RESOLUTION 2010-551 Item # 5.11 ADOPTED DOC ID: 6042 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2010-551 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 27, 2010: RESOLVED that the Town Board of the Town of Southold hereby releases the followin¢ letter of credit for the Oregon Landine I Maior Subdivision: Letter of Credit No. 050602, dated June 2, 2005 issued by the Suffolk Countv National Bank in the amount of $164,245.00, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski ]r., Evans, Russell ~ 2~~0 Generated July 29, 2010 Page 2 r • • MAILING ADDRESS: PLANNING BOARD MEMBERS -``~OF ~~Vry P.O. Box 1179 MARTIN H. SIDOR hQ~ Old Southold, NY 11971 Chair u OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~0 54375 State Route 25 JOSEPH L. TOWNSEND ` (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI ~CDUn l , Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 13, 2010 Mr. John Guido c/o Manzi Homes East, LLC Rockhall Development Corp. P.O. Box 702 Rocky Point, NY 11778 Re: Release Letter of Credit: Oregon Landing I Major Subdivision Located n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchogue SCTM#1000-83-2-9.1 Zoning Districts: A-C and R-80 Dear Mr. Guido: The Southold Town Planning Board, at a meeting held on Monday, July 12, 2010, adopted the following resolutions: WHEREAS, this cluster subdivision subdivided a 25.79 acre parcel (SCTM#1000-83-2- 9.1)into five lots where Parcel 1 equals 136,244 sq. ft.; Parcel 2 equals 81,016 sq. ft.; Parcel 3 equals 75,738 sq. ft.; Parcel 4 equals 70,383 sq. ft. and Parcel 5 equals 17.02 acres upon which Development Rights have been sold to the Town of Southold; and WHEREAS, on June 14, 2005, the Southold Town Planning Board granted Final Approval on the Final Plat, dated as revised March 22, 2005; and WHEREAS, on June 14, 2005, the Southold Town Planning Board accepted the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245.00; and WHEREAS, on June 21, 2005, the Southold Town Board accepted the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245.00; and WHEREAS, on February 16, 2010, the applicant submitted a request to the Southold Town Planning Board and the Southold Town Engineer for a Final Inspection of the above-referenced property as all required improvements were complete; and Oregon Landing I Page Two July 13, 2010 WHEREAS, on June 14, 2010, the Southold Town Engineer completed the Final Inspection of the above-referenced property and noted that all requirements and improvements were completed in a "satisfactory manner"; and WHEREAS, the applicant has now requested that the Town of Southold release the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245.OO;and WHEREAS, the Southold Town Planning Board reviewed this request at the June 28, 2010 Work Session; be it therefore RESOLVED, that the Southold Town Planning Board accepts the applicant's request to release the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245.00; and be it further RESOLVED, that the Southold Town Planning Board respectfully recommends to the Southold Town Board that the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245.00 be released. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairperson Encls. cc: Elizabeth A. Neville, Town Clerk ~s SCOTT A. RUSSELL o`~ JAMES A. RICHTER, R.A. f SUPERVISOR ~ ~ ENGINEER TOWN HALL - 53095 MAW ROAD r~7s, ~ TOWN OF SOU'I'HOLD, NEW YORK 11971 Fax. (631) - 765 -9015 ~ Tel. (631) - 765 -1560 ~.f.©1 ~ ~~O't' JAMIE.RICHTER@TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor June 1 Q 2010 Chairman -Planning Board Town Hall, 53095 Main Road Southold, New York i 1971 Re: Oregon Landing I -Conservation Subdivision Oregon Road, Cutchogue SCTM 1000-83-02-9.1 Dear Mr. Sidor: As per a request from your office, 1 have reviewed the Final "As Built" Site Plan Map of Oregon Landing "1 dated 3/22/05. This Site Plan has been prepared by the office of Hawkins, Webb, Jaeger Associates, P.C. and has been certified by Jeffery T. Butler. PE. Please consider the following: 1. The Fire Well has been provided and appears to be installed in a satisfactory manner. However, the Planning Board should verify that this Fire Well has been inspected and approved by the local Fire. Department prior to final acceptance by the. Planning Board. 2. Street Trees have been planted as required. At the present time, the health & condition of these trees do not appear to be entirely hale and hearty. These trees should be inspected and approved by the Planning Board. 3. With the exception of the items noted above, a review of the Items listed in the approved Bond Estimate wou{d indicate that all other requjred Construction items have been completed in a satisfactory manner. If you have any c~ues~o~ r~a~~in~ t~ r~w~tinr,~ lease contact my office. __-6- ~ ~ ~ mce ly, ~ ~ ' ` JUN 1 4 2010 k c~ -rn mes A. Rich r, R.A. 1 CC: Peter W. Harris, Highway Supe in ndent Southold Town Plan~g Board Work Session Agenda - 6/28- Paoe Two Project name: Oregon Landing I SCTM#:.1000-83-2-9.1 Location: n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchogue in the A-C and R-80 Zoning Districts Description: :The approved cluster subdivision subdivided a 25.79 acre parcel (SCTM#1000-83-2-9.1) into five lots where Parcel 1 equals 136,244 sq. ft.; Parcel 2 equals 81,016 sq. ft.; Parcel 3 equals 75,738 sq. ft.; Parcel 4 equals 70,383 sq. ft. and Parcel 5 equals 17.02 acres upon which Development Rights have been sold to the Town of Southold. Status:.. Final Approval Action: Review resolution recommending TB to release Letter of Credit. Attachments: Draft Resolution _ Project name: Zuckerberg, Lloyd P. SCTM#::1000-86-1-10.9 Location: :southwest corner of Wells Road and State Route 25 in Peconic _ 'Description: :This proposal is for an 80/60 clustered conservation subdivision on 32.83' acres of land. Lot 1 equals 65,562 sq. ft., Lot 2 equals 77,694 sq. ft., and Lot 3 equals 29.5416 acres and is proposed to be preserved through a Sale of Development Rights to the Town of Southold. _ _ Status: Conditional Final Approval. Action: 'Review revised drainage plans; refer to Town Engineer for review/approval. i. Attachments: None For Discussion: ? Town Board's request for comments: Local Law regarding Wireless Facilities • v~x~t~r • ~~s z ~~,t~FFQt~G' SCOTT A. RUSSELL ~ r ,~q~ JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER Y TOWN HALL - 53095 MAIN ROAD I ~ ~ ~ ~ TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (631) - 765 - 9015 Tel. (63 q - 765 - 1560 ~ a~+~~ JAMIE.RICHTER@TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor June 10, 2010 Chairman -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Oregon Landing I -Conservation Subdivision Oregon Road, Cutchogue SCTM 1000-83-02-9.1 Dear Mr. Sidor: As per a request from your office, I have reviewed the Final "As Built" Site Plan Map of Oregon Landing "1 dated 3/22/05. This Site Plan has been prepared by the office of Hawkins, Webb, Jaeger Associates, P.C. and has been certified by Jeffery T. Butler. PE. Please consider the following: 1. The Fire Well has been provided and appears to be installed in a satisfactory manner. However, the Planning Board should verify that this Fire Well has been inspected and approved by the local Fire Department prior to final acceptance by the Planning Board. 2. Street Trees have been planted as required. At the present time, the health & condition of these trees do not appear to be entirely hale and hearty. These trees should be inspected and approved by the Planning Board. 3. With the exception of the items noted above, a review of the Items listed in the approved Bond Estimate would indicate that all other required Construction items have been completed in a satisfactory manner. If you have any questions regarding this review, please contact my office. ^ ince ely, I;~ ames A. Richter, R.A. CC: Peter W. Harris, Highway Supe~in~dent • -rs P~ r~~~- Manzi Homes East LLC ~l. Rockhall Development Corp. Post Office Box 702 ~ Rocky Point, New York 11778 631-744-2655 Fax 631-744-0032 VIA CERTIFIED MAIL ' May 14, 2010 MAY 1 7 ZO10 I Mr. Mazk Terry - - _ _ Principal Planner Town of Southold Planning Department Post Office Box 1179 Southold, New York 11971 Re: SECOND REQUEST for Final Inspection Conservation Subdivision of Oregon Landing I Oregon Rd, between Cox's Ln and Bridge Ln, Cutchogue, NY SCTM #1000-83-2-9.1 SCNB Irrevocable Letter of Credit No. 050602 Dear Mr. Terry: Enclosed is a copy of my letter to you dated February 11, 2010, sent via certified mail and signed for by John of your office on February 16, 2010, which comprises a request for a final inspection of the improvements on the above-referenced property in order to prompt the release of the Bond and termination of our letter of Credit for that Bond at Suffolk County National Bank. To this date, following my Feb. 11 letter and three subsequent telephone calls to your office, we have received no response and no inspection has been conducted to our knowledge. We would appreciate your prompt attention to this matter and request that your office contact me as soon as possible regarding the same. You can best reach me on my cell phone at 631-965-6683. Thank you. Very truly yours, (~.r~ John uido Manzi Homes East LLC ~ ' ~~i Rockha{{ Development Corp. Post Office Sox 702 ~ Rocky Point, New York 11778 631-744-2655 ~ Fax 631-744-0032 VIA CERTIFIED MAIL February 11, 2010 Mt Mark Terry Principal Planner Town of Southold Planning Department Post Office Box 1179 Southold, New York 11971 Re: Request for Final Inspection Conservation Subdivision of Oregon Landing I Oregon Rd, between Cox's Ln and Bridge Ln, Cutchogue, NY SCTM #1000-83-2-9.1 SCNB Irrevocable Letter of Credit No. 050602 Dear sir: This letter is to request a final inspection of the improvements on the above-referenced property in order to prompt the release of the Bond and termination of our letter of Credit for that Bond at Suffolk County National Bank. Please contact me at your earliest convenience regarding this matter. You can best reach me on my cell phone at 631-965-6683. Thank you. Very truly yours, r G ~ ~ n Joh~n'Guido . ¦ Complete items 1, 2, and 3. Also complete a Sig re item 4 if Aestricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse ---a-..ddressee So that We Can return the Card to you. .Received by ( noted C. Date of Delivery ¦ Attach this card to the back of the mailpiece, ~ ' ~ or on the front if space permits. - D. Is delivery atld dif~ ~ fro~,~Q Ves 1. Article Atldressed to: If YES, enter dell address belo , ~ No c.. ~ VIla ~~b~ 1,t}y~ ~J~~U~~.2i.' (G'l ct 4„Y. ~`7 ~7K;,~}~ 3. Ice type ,.Certified Mall ? F~tesa Mail i~t/G%f j I y ~ ? Registered ? Retum Receipt for Merchantlise ,I t _ ? Insured Mail ? C.O.D. J~C' I4l G ~ ~r~ I /l ~ y 4~ ~ ! 4. Restricted Deliveryt (Err2 Fee) ? Yes 2. Article Number / 7 ' C" 1. Q~ ~ I ~ ~ L C'C~C' l ~ ~ ~n IF. l (Ilansfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 10'159542-M-1540 THE SUFFOLK COUNTY NATIONAL BANK COMMERCIAL LOANS D 4 WEST SECOND STREET, RIVERHEAD, NY 11901 PHONE: (631) 208-?266 FAX: (63 t) 727-1399 June 2, 2005 Town of Southold 53095 Main Road ~ Southold,NY 11971 Re: Subdivision of Oregon Landing 1 SCTM# 1000-83-2-9,1 Irrevocable Letter of Credit No. 050602 Madam and Sirs: By order and for account of our client Manzi Homes Inc., of 1800 Route 25A, Rocky Point, New York 11971, we hereby issue in your favor our Irrevocable Letter of Credit No. 050602 up [o an aggregate amount of U.S. $164,245.00 effective June 2, 2005. Funds under this Letter of Credit are available by your sight draft(s) drawn on us, indicating our Letter of Credit No.050602 and accompanied by: "Beneficiary's signed statement certifying that Manzi Homes, Inc. has failed to complete improvements to the subdivision known as Oregon Landing l: SCTM #1000-83-2-9.1, zoning A- C,on Oregon Road between Cox's Lane and Bridge Lane in Cutchogue." Improvements include: "the subdivide of a 25.79 acre parcel into 5 lots where parcel ]will equal 136,244 sq. ft.; Parcel 2 will equal 81,0]6 sq. ft.; Parcel 3 will equal 75,738 sq. ft; Parcel 4 will equal 70,383 sq. ft, and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale to the Town of Southold" as per Planning Board letter dated May 9, 2005. Draft(s) drawn to state: "Drawn under The Suffolk County National Bank Leer of Credit No. 050602 dated June 2, 2005." It is a condition of the Letter of Credit that it shall be deemed automatically e:ctended without amendment unless we shall notify you in writing by certified mail at the above listed address ninety (90) days prior to expiration that we elect not to consider this Letter of Credir renewed for any such additional period. In such an event the Letter of Credit may be drawn on in the fu 11 amount. We hereby engage with you [o honor your draft(s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: The Suffolk County National Bank, 4 West Second Street, Riverhead, New York 11901. Address all correspondence regarding this Letter of Credit to The Suffolk County National Bank address mentioning specifically our Letter of Credit No. OS0602. Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publications No. 590. The Suffolk County National Bank i ~i "Lawtence)vlilms Senior Vice President Y • • MATTING ADDRESS: PLANNING BOARD MEMBERS ~~OF SO(/Ty0 ~ sou h 1d,oNY 11971 MARTIN H. SIDOR ,,0 l~ Chair ~ ~ OFFICE LOCATION: WILLIAM J. CREMERS N ac Town Hall Annex KENNETH L. EDWARDS ~ ~ ~p~ 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND CQU~i~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Tamara Sadoo Date: May 14, 2010 Re: Conservation Subdivision of Oregon Landing I Application Name: Manzi Homes Ease LLC -Oregon Landing I Tax Map Number: 1000- 83-2-9.1 Location: Oregon Road, bet. Cox lane and Bridge Lane, Cutchogue The property is located n/o Oregon Road, 625 feet wio Bridge Lane, in Cutchogue in the A- Cand R-80 Zoning Districts. SCTM#1000-83-2-9.1 Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) Road Profiles (Dated: 1 Grading and Drainage Plans (Dated: 1 Other (Dated:_ 1 Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: 1 Grading and Drainage Plans (Dated: 1 X Other (AS BUILT) (Dated: 2/16/10 Project Description: The proposed cluster subdivision will subdivide a 25.79 acre parcel (SCTM#1000-83-2-9.1) into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel Z will equa181,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equa170,383 sq. ft. and Parcel s will equal 17.02 acres upon which Development Rights will be sold to the Town of Southold; Application received Final Approva12008 Additional Comments: This is a request for Final Inspection of the improvements for bond release and termination of letter of credit. Thank you for your cooperation.. ~I it i I~ 'I~ I Wi,, S Mj PK Manzi Homes East LLC ' Rockhall Development Corp. Post Office Box 702 ~ Rocky Point, l~iew York 11778 631-744-2655 a Fax 631-744-0032 VIA CERTIFIES MAIL Febmaty 11, 2010 Mr. Mark Terry ` i ~ ~ Principal Planner 1 F E B ~ 6 2010 Town of Southold Planning Department ' Post Office Box 1179 ~ _ J_,___,~_ Southold, New York 11971 Re: Re uest for Final Ins ction Conservation Subdivision of Oregon Landing I ' Oregon Rd, between Cox's Ln and Bridge Ln, Cutchogue, NY SCTM #1000-83-2-9.1 SCNB Irrevocable Letter of Credit No. 050602 Dear sir: This letter is to request a final inspection of the improvements on the above-referenced property in order to prompt the release of the Bond and termination of our letter of Credit for that Bond at Suffolk County National Bank. Please contact me at your eazliest convenience regarding this matter. You can best reach me on my cell phone at 631-965-6683. Thank you. Vert' ~Y Y°~• ro Gnido _ _ i • Tss Manzi Homes East LLC ~ Rockhall Development Corp. Post Office Box 702 ~ Rocky Point, New York 11778 631-744-2655 ~ Fax 631-744-0032 VIA CERTIFIED MAIL - ,sue- _ ~ . February 11, 2010 Mr. Mark Terry Principal Planner Town of Southold Planning Department Post Office Box 1179 - Southold, New York 11971 't Re: Request for Final Inspection Conservation Subdivision of Oregon Landing I Oregon Rd, between Cox's Ln and Bridge Ln, Cutchogue, NY SCTM #1000-83-2-9.1 SCNB Irrevocable Letter of Credit No. 050602 Dear sir: This letter is to request a final inspection of the improvements on the above-referenced property in order to prompt the release of the Bond and termination of our letter of Credit for that Bond at Suffolk County National Bank. Please contact me at your earliest convenience regarding this matter. You can best reach me on my cell phone at 631-965-6683. Thank you. Veryntruly yours, Johp~Guido r • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~F S~Ur P.O. Box 1179 MARTIN H. SIDOR h~~ y~lO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS y Town Hall Annex KENNETH L. EDWARDS ~ ' ~ 54375 State Route 25 GEORGE D. SOLOMON l ~~y ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~CDUn l ~ Southold, NY Telephone: 631 765-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 11, 2009 Mr. Jeffrey T. Butler, P.E., P.C. 206 Lincoln Street Riverhead, New York 11901 Re: Map Amendment: Oregon Landing I Subdivision Located n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchogue SCTM#1000-83-2-9.1 Zoning: A-C & R-80 Dear Mr. Butler: The Southold Town Planning Board, at a meeting held on August 10, 2009, adopted the following resolution: WHEREAS, the Oregon Landing I clustered subdivision is a 25.79 acre parcel (SCTM#1000-83-2-9.1) which has been divided into five lots where Lot 1 equals 136,244 sq. ft.; Lot 2 equals 81,016 sq. ft.; Lot 3 equals 75,738 sq. ft.; Lot 4 equals 70,383 sq. ft. and Lot 5 equals 17.02 acres upon which Development Rights have been sold to the Town of Southold; and WHEREAS, on June, 13, 2005, final approval was granted by the Southold Town Planning Board; and WHEREAS, on July 1, 2009, the applicant requested to amend the approved road section requirements for Oregon Landing 1 which was approved with road sections that exceeded the requirements of Highway Specifications for 5 lots as required by Southold Town Code §161-15 with Drawing No.15-3; and WHEREAS, on July 17, 2009, the Southold Town Engineer met with the applicants and carefully discussed and reviewed the requested road specification changes; and r • • Oregon Landing I Page Two August 11, 2009 WHEREAS, on July 20, 2009, at the Southold Town Planning Board Work Session, the Southold Town Engineer recommended to the Planning Board that the approved road specifications be amended to allow the applicant to use road specifications as required by Southold Town Code §161-15 Drawing No. 15-4 instead; and WHEREAS, on July 20, 2009, the Southold Town Planning Board considered and agreed with the Southold Town Engineer's recommendation to allow for the amended road specifications for Oregon Landing I; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants approval for the amendment to the approved subdivision maps for Oregon Landing I, SCTM#s1000-83- 2-9.1, to reflect the changed road specifications to be built pursuant to the requirements of Southold Town Code §161-15, Drawing No. 15-4. If you have any further questions, please do not hesitate to contact this office. Very truly yours, ~V • Martin H. Sidor Chairman Southold Town Planning Board Work Session Agenda - Pg. 2 . August 3, 2009 Subdivisions Project name: Peter Harbes -Conservation SCTM#: 1000-120-3-11.11 Subdivision Location: Aldrich Lane, Laurel Description: This proposed conservation subdivision is to subdivide a 22.1659-acre parcel into 4 lots, one of which the Town of Southold will purchase the Development Rights over 18 acres for farmland preservation. Status: Open _ . _ _ ; Action: Hold Public Hearing. Grant Sketch Approval. _ Attachments: Draft Resolution _ Project name: Mulvaney/Bresloff Lot Line SCTM#: 1000- 31-8-12.4 & 13 Change Location: 150 feet s/w/o Bap Avenue, East Marion Description: A lot line modification to transfer 3,746 s.f. from Lot 1 (SCTM#1000-31- 8-12.4), decreasing the size from 34,194 s.f. to 30,448 s.f., to Lot 2 (SCTM#1000-31-8-13) increasing the size from 8,334 s.f. to 12,080 s.f. Both Lots are improved with single-family dwellings. 'Status: 'Conditional Final Action: ~ Grant Final„Approval Attachments: Draft Resolution , Project name: Oregon Landing I & Oregon SCTM#: 1000-83-2-9.1 & 95-1-5 Landing II/Badenchini _ _ 'Location: The properties are located on the n/s/o Oregon Road, approximately 135' w/o Alvah's Lane, and n/o Oregon Road, 625 feet w/o Bridge Lane, I, in Cutchogue in the A-C and R-80 Zoning Districts. Description: clustered conservation subdivision of a 32.73-acre parcel into five lots and a 25.79 acre parcel into five lots Status: ~ Final Approval Action: ~ Amend Final Road Specs as approved by Office of the Town Engineer Attachments: Draft Resolution Southold TownPlaTfiing Board Work Session -Page T~- 7/20/09 - - - , _ _ j_ Pro~ect_name: . Zuckerberg, Lloyd P 1 SCTM# ; 1000-86.1 10 9_ Location Southwest corner of Wells Road and State Route 25 in Pecornc _ j Description: This proposal is for an 80/60 clustered conservation subdivision on I 32.83 acres of land. Lot 1 equals 65,562 sq. ft., Lot 2 equals 77,694 sq. i ~ ft., and Lot 3 equals 29.5416 acres and is proposed to be preserved ! i through a Sale of_Development Rights_to the Town of Southold_____.-.-___.-.. i Status: ~ Sketch Approval ---1 i Action: - i Review proposed drainage easement to be placed in open space/how ~ i j will it be funded? ~ - Attachments: i Town Engineer Proposal _ ___J Project name: I Oregon Landing IllBadenchmi, SCTM#: T 1000-83-2-9.1 ' _ _ ~ Oregon Landing L _ ~ _ 1000-95-1-5 l _ _ _.1 Location: I The property is located on the n/s/o Oregon Road, approximately 135' ~ w/o Alvah's Lane, in Cutchogue, The property is located n/o Oregon Road, 625 feet w/o Bridge Lane, in I Cutcho~ue in_the A-C and R-80_Zoning_Districts.--------------------------__--~ Description: Clustered conservation subdivision of a 32 73-acre parcel into 5 lots and i f ~ a 25 79 acre parcel into five lots ~ Status: I Final Approval _ - -j I Action: _ ~ Review road paving-material request__ _ - ~ Attachments__ ~ Jamie Richter Up-date Planning Board Work Session ~enda Page Three • July 6, 2009 _ Project name i Morrel Standard Subdrv ~ SCTM# ; 1000-68.1 15 1 Location: ;The parcel is located n/o Sound View Avenue, 1700 feet e/o Diamond -Lane in Peconic Description. This proposal is to subdvide a 12.03 acre parcel into 2 parcels where Lot 1 totals 80,285 sq. ft and Lot 2 totals 127,686 sq. feet with an existing single family residence and associated accessory structures in ' .i ;the R-80 zoning district. The remaining acreage will remain as open ' i space I 1 Status: , ,Open _ _ _ Action: ;Grant Sketch Approval i _ _ , - _ - I Attachments 1 Draft Resolution _ ___I Pro~ect_name _ ~ Battaglia Standard. Subdrv. _L-SCTM# 1000-64-3-3 _ I Location 1720 Hobart Road, Southold Description i This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 I Zoning_District__ i ; Status: 'Conditional Sketch approval... I Action: ;Review draft resolution Attachments ~ Draft resolution J Discussion: Project name. .Oregon Landing I _ SCTM# ' 1000-83 2 9 1 ! _ _ ~ _.i j Location ~ n/o Oregon_Road, 625 feet w/o Bndge Lane, in Cutchogue _ Description ~ Conservation subdivision of a 25.79 acre parcel into 5 lots (17 acres preserved farmland). Status: Final Approval Action: ;Discuss Agent s request to modify road material s~ecrfications. i _ - i j Attachments: None Project name Oregon Landing II_ _ ,SCTM# 1000 95 1 5 1 - - - ; Location: , on the n/s/o Oregon Road, approximately 135' w/o Alvah's Lane, in ~ Cutchogue_ Description: ;Conservation subdivision of a 32 73-acre parcel into 5 lots (23.75 ac ' 'preserved farmland). _ _ _ _ , ;Status: _ ~ Final Approval Action: ~ Discuss Agent's request to modify road material specifications. _ Attachments. :None _ _ _ • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~pf SOUTyO so P o la,~NY us?I MARTIN H. SIDOR ~Q Chair OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ O 54375 State Route 25 OSEPHE DTOWNSEND ~OIyC~Ury l ` (cor. MaSou ho1dYNY Rs Ave.) IY 1 ` Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 30, 2009 Jeffrey T. Butler 206 Lincoln Street Riverhead, New York 1190] Re: Oregon LandingI SCTM# 1000-83-2-9.1 Dear Mr. Butler: At the June 29 2009 work session, the Planning Board reviewed your letter dated June 12, 2009 requesting to reduce the road specifications for the above subdivision from Hot Mix Asphalt to Oil and Stone. The request was approved by the Board. The road construction shall comply with Chapter 161-24 of the Southold Town Code. I can be reached at 765-1938 with questions. Sincerely, Mark erry Principal Pl er Cc: Planning Board Heather Lanza, Director of Planning 1 ~1E~EY T. BUTLERS P.~., P.C. 206 LINCOLN STREET '~'l° RIVERHEAD~ NEW YORK 631-zo8-also PHONE 631.727.aO33 FAx LICENSED PRO FE9810 NAL ENGINEER June 12, 2009 Town of Southold Planning Board f. Mr. Mark Terry-Principal Planner `1 Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 ~ Re: Oregon Landing 1-Conservation Subdivision Oregon Road, Cutchogue SCTM# 1000-83-2-9.1 Dear Mr. Terry: I am writing this letter on behalf of the owners of the above referenced property. As you know, this plat was approved with a driveway specification based on the Town of Southold Highway Specification 15-3 for a roadway (2.5" base course asphalt on 4" RCA over a compacted sub-grade). The owners put in place the 4" RCA over compacted sub- grade over a year ago. They are now requesting that the board approve a substitute of oil and stone for the asphalt course. I have discussed this with James Richter and he did not have a problem with the substitution, although he asked that we make a request to the Board. Please let this letter serve as a formal request for this change. Please contact me if you require any additional information. incerely, effr y ut er, P.E. ~l CUTCH(~GUE FIRE DlSTR1CT lj s ~ Board of Fire Commissioners r ~ n. 260 New Suffolk Road, Cutchogue. NY 11935 Telephone (631) 734-6907 Fax (631) 734-7079 October l5, 2007 ,E,-rr~~1t~"~'cutfd@opi©nllne~°.rfet~ ~ `1 !r Anthony Trezza ~ Southold Town Planning Board ! ~ ~ C'~ ~ ~ ~ PO Box 1179 ~ ~ Southold, NY 11971 - l x.-. Dear Mr. Trezza, _ Ref : Conservation Subdivision. of-.Oregon E~aiidng. Mr. John Guido has been in contact with us and has agreed to install a Fire Well on the access road to the above site plan. The Cutchogue Fire District will assume the maintenance of the fire well following compliance with our specifications and satisfactory acceptance of the well. The following specifications are required: >500 gallons per minutes of steady water supply (minimum). >Pipe fittings to mate with our existing hose standards. >Electrical connections to fit our present cable connections. >Permanent right of way on access road and road bed to accommodate our fire vehicles for all seasons. ' We trust that this will meet with the approval of all parties • and should there be any questions, please feel free to contact the fire house. Very truly yours, Board of Fire Commissioners Matthew J. Martin District Secretary cc: Rockhall Development ~ • • AMENDMENT TO DECLARATIONS DATED JUNE 13, 2005 On this day of July,2007, the owners of lots in a subdivision entitled "Map of Oregon Landing 1"filed in the Office of the Suffolk County Clerk as Map No. 11290, being Hume & Muth, LLC ,doing business at 13459 Oregon Road, Cutchogue NY 11935, as owner of Lot 1; Daniel Hume and Lori Hume, his wife, residing at 300 East 54`" Street, Apt 8L, NY, NY as owner of Lot 2; Richazd Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000, residing at 34074 Sound Avenue, Riverhead, New York, as owner of Lot 3 and Richard Manzi as tnastee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000 residing at 34074 Sound Avenue, Riverhead, New York as owner of Lot 4, their heirs, distributees, successors and assigns hereby wish to relocate the placement of beach stairs and easement for access to the beach appeazing in a Declaration Dated June 13, 2005, recorded in the Office of the Suffolk County Clerk at Liber 12392 page 124; ~ ~~z ~1 ~ u~z~ s4aec e5 ~ ~ That paragraph k. in Declaration made o June 13, 005 recorde m the Office of the Suffolk County Clerk at Liber 12392 page 124 is ereby a ended to access to the beach from the easterly 10' feet of Lot 2~ax~ prohibits which ]low access to the beach from lots 1, 3 and 4, The access to the beach fo all the lots shall be along the easterly 10 feet of Lot 2. rr 11 - / -~cr i1. 41.1c1i1 J1~0.~ J~~IIr~ C'~ .~Z~l. ~.~slrl^C NY. The relocation of the access for stairs, stairway or any other structure proposed to access r' the beach and all other provisions discussed herein have been approved by the Southold Town r~a-> ~ Plannin Board b ma orit lus one of the members of the Southold Town Plannin Board. h, ~X 4 g Y J Y. P g (;r~~G All other declarations and agreements remain in full force and effect. ~zt - Lot 1: SCTM# 1000-72-2-6 ~i 7 ~ 3 Hume & Muth, LLC ~ 1 BY u~~l >'-o Lot 2: SCTM#1000-72-2-5 Daniel Hume and Lori Hume, his wife Lot 3: SCTM#1000-72-2-4 Richard Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000, . • • Lot 4: SCTM#1000-72-2-3 Richard Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000, STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Steven Muth personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Daniel Hume personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that be executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Lori Hume personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COiTNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Richard Manzi personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 4,. ~ • AMENDMENT TO CROSS EASEMENT On this- day of July,2007, the owners of lots in a subdivision entitled "Map of Oregon Landing 1" filed in the Office of the Suffolk County Clerk as Map No. 11290, being Hume & Muth, LLC ,doing business at 13459 Oregon Road, Cutchogue NY 11935, as owner of Lot land known as Suffolk County Tax Map number 1000-72-2-6 ;Daniel Hume and Lori Hume, his wife, residing at 300 East 54`h Street, Apt 8L, NY, NY 10022 as owner of Lot 2 and known as Suffolk County Tax Map number 1000-72-2-5; Richard Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000, residing at 34074 Sound Avenue, Riverhead, New York, as owners of lot 3 and known as Suffolk County Tax Map number 1000- 72-2-4; and Richard Manzi as trustee of the Joseph G. Manzi Irrevocable Trust dated March 28,2000, residing at 34074 Sound Avenue, Riverhead, New York as owner of Lot 4, known as Suffolk County Tax Map number 1000-72-2-3 ,their heirs, distributees, successors and assigns hereby wish to relocate the placement and location of beach stairs and easement for access to the beach appearing in an instrument recorded in the office of the Suffolk County Clerk at Liber 12392 page 123, et seq. and Laura Bolinger, residing at 13459 Oregon Road, Cutchogue NY 11935, the owner of Suffolk County Tax Map number 1000-83-2-10.2 being the contiguous parcel west of Lot 1 on said subdivision; The cross easement in Liber 12392 page 123 which describes a ten foot (10) wide easement running along the west side of Lot 1 is herein extinguished and shall herein and forever be relocated to a ten foot (10) wide easement running along the east side of Lot 2; and That the installation of stairs, stairways or any other structure proposed to access the beach from Lot 1, 2, 3 and 4 shall be prohibited except through the relocated ten foot wide easement running along the east side of lot 2, which stairs shahserve the residents of the entire subdivision. ~c ~ ~ ~ ~ That the undersigned hereby agree that the owners of the parcel to the west of Lot 1, s~i1 `fl i~ SCTM#1000-83-2-10.12 shall have the right to ingress and egress, and utilities along the ~ua-.~ common roadway, 25 foot right of way, as shown on the subdivision map entitled "Map of -jn~~~- Oregon Landing 1" filed in the Office of the Suffolk County Clerk on July 25, 2005 as Map No. ~~1.<iL~ 11290, and along the south side of Lot 1, and shalt abide by the "Road Maintenance and Declarations" recorded in the Office of the Suffolk County Clerk at Liber 12462 page 66. The relocation of the access for stairs, stairway or any other structure proposed to access the beach and all other provisions discussed herein have been approved by the Southold Town Planning Board by majority, plus one, of the members of the Southold Town Planning Board. All other declarations and agreements remain in full force and effect. ti, • Lot 1: SCTM# 1000-72-2-6 Hume & Muth, LLC sy Lot 2: SCTM#1000-72-2-5 Daniel Hume Lori Hume Lot 3: SCTM#1000-72-2-4 Richard Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated Mazch 28,2000, Lot 4: SCTM#1000-72-2-3 Richard Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000, Adjacent Property: SCTM#1000-83-2-10.2 Laura Solinger STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Steven Muth personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Daniel Hume personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Lori Hume personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public • STATE OF NEW YORK COL7NTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeazed Richard Manzi personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Laura Bolinger personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - . • MAILING ADDRESS: PLANNING BOARD MEMBERS OF SQU~,Gp P.O. Box 1179 JERILYN B. WOODHOUSE 4~`` '7~ Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR H Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~IiYCOU'M'~~' Southold, NY IY 1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2007 Mr. Joseph Manzi c/o Manzi Homes P.O. Box 702 Rocky Point, NY 11778 Re: Conservation Subdivision of Oregon Landing I Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue SCTM#1000-83-2-9.1 Zoning: A-C Dear Mr. Manzi: The Southold Town Planning Board, at a meeting held on Monday, August 13, 2007, adopted the following resolutions: The public hearing was closed. WHEREAS, this proposal is to amend the filed Declaration of Covenants and Restrictions that were recorded on June 13, 2005 (Liber 12392, Page 124) in connection with the Conservation Subdivision of Oregon Landing I; the proposed amendment will allow a common beach access over Lot 2; and WHEREAS, this proposal is also to amend the filed Cross Easement that was recorded on June 13, 2005 (Liber 12392, Page 123) in connection with the Conservation Subdivision of Oregon Landing I; the proposed amendment will allow a common beach access over Lot 2; and WHEREAS, this proposal will also require the filing of an amended subdivision map which shows the new location of the beach access; and WHEREAS, the Southold Town Planning Board discussed these proposed modifications at their Work Session on June 18, 2007 and agreed that said changes to the Declaration of Covenants and Restrictions requires a public hearing and approval by majority plus one of the Members of the Board; and I • . Oregon Landing I Page Two August 14, 2007 WHEREAS, on July 9, 2007 the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (3), made a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on August 2, 2007, the applicant submitted copies of the draft amended Declaration of Covenants and Restrictions and Cross Easement, which were forwarded to the Planning Board and the Town Attorney for review; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Approval to the amended Declaration of Covenants and Restrictions and Cross Easement, subject to the following conditions: 1. Submission of the Amended Declaration of Covenants and Restrictions and Cross Easement containing all of the revisions as required by the Planning Board and the Town Attorney. Upon approval, the documents must be filed in the Office of the County Clerk and copies of same submitted to this office. 2. Submission of the revised subdivision map showing the new location of the common beach access. This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and granted by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, //Jerilyn B. Woodhouse Chairperson Encl. cc: Melissa Spiro, Land Preservation Coordinator _ AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as CSC ~~uty ~-C~,~~.~cy ~ L' C~c~S~~~[,~.~o~ 5.~.~,~~v~S~r~(~ by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on hcc,~.~~1 ~~~n aoo 7 I have sent notices, by certified mail -return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of everypp property which abuts and every property which is across on l~C Q_q c n i`o as . ~V~~~b Your ame (print) , Sign ore ~ ~~s~ E~,~ ~~~a ~~c~~ Q~ N y I~~~~ Address uS Date Notary Publ c , FREDERICK J. NAPCLR'A[dQ ~ ' Notary F'ub!ic, Stste of New York Regg No.07NA6089519 AUG ~ O 211 Cuslified in Suffolk Ccunty . Commission Expires March 24, ~ , PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 8/10/07` Re: Conservation Subdivision Oregon Landing I, Amendment to Covenants & Restrictions SCTM#s: 1000-83-2-9.1 Date of Hearing: Monday, August 13, 2007, 6:05 p.m. ~I D- ~ ~ - r postage $ ry ~ Garaged Fee c.u_: ° Posbnadc ° Return RerAept Fea Here (Entlorsemem Requlretl) ° flesVkled Delivery Fee a-•Vl' rl (Entlomemenl ReQUired) r-R - niiOt:~OC'7 m Total Postage & Fees ~ ° sent To I-r' IEB Vineyard, LLC. ' • ' ~I ° - - - ----14990 Oregon Road ~ ~ ~ f` SYree( Rpf. No.; P,POSaxNO....P.O. Box 907 uT . cm%sreie.~i~war, n ~ , ~utcho ue NY 11935 ~ ;;n ~t~t~ ~ ,x ,r ° ' ~ Total Postage 8 Fees .p ~ v, , ~ Postage $ -n ;o sent r° LIEB Vineyard, LLC. 02 Certi/ietl Fee I O ° 14990 Ore *on Road ° Postmark 1 f Stree(, ApG ° Return Reciept Fee or PO BOx " Here _ P.O. BOX 907 (Entlorsement gequiretl) I city, sr5re, ° Cutchogue, NY 11935 m (EndrJ~aemeoelRe9mred) Q.00 ~ i r ,a 9~.21vBiC;t2G;; m Total Postage 8 Fees ° BenrrP Joseph K. Swiatocha m ° Sent To ° ° Daren P. Fennig r` Si.°eCApcNa; Ore on Road r` - - - - - g 3rreei, A-~p orPOBoxNO. orP09or -O• Box 1331 ciiy, siaie,-ziP.a Cutchogue, NY 11935 c;ry,~siiirt~lattituck, NY 11952 - - ~ age ees m m ° Senf TO ° ant To o ° Kevin & Alexandra O'Mara h s„aa, ,Timothy & Jeanne Steele - r` srreei, A~ m °rPOB13795 Oregon Road P.PDaP64 East 86 Street C.N, sr4, City,-§iai<New York, NY 10028 ..utchogue, NY 11935 r't Total Postage ees m o sentry senrra Michael & Maria Demchek ° timothy & Jeanne Steele _ r str~dAm:i~a.T157 Newtown Road `srmet or PO fbx NO. °'PO.13795 Oregon Road ~ ciy, ai;,re,~zi~::Hampton Bays, NY 11946 c;,y. ~utchogue, NY 11935 :.r . , ~ mo sent r° o ~ 5an„° i o Laura Bolinger y M1 Streef, APt. Na.: x Fimoth & Jeanne Steele nred or POB°xNO 188 Columbia Hei hts °r PG Bo r srraet Ar g -Brooklyn, NY 11201 13795 Ore on Road ctty, sure, ziP.. V cir'v. ~sC~~"UtChOgUC, NY 1 193 S ress different from item 1? lelivery address Uelow: l 1 m ° Sent To ~ I° Joeeph Ricci Daren P. Fennig - I ~ Street, Apt. No.. I or POBOxNO 4S Matthews Lane P.U. Box 1331 I c~ty,s7are,zla,6Cutchogue, NY 11935 Mattituck, NY 11952 a. service rypa , ~ertifletl Mail ? Express Mail ? Registered ? Return Receipt for ' ~ r e ees ? Insured Mail ? C.O.D. m sent To a. Restrictetl Deiwey+ ~ Fe01 o Luba & O~ Corso 2. Article Number M1 Street, Apt. No.; 7~03 1680 0006 7004 8589 nrPOeoxNo. P.O. Box 1044 mans+er o-°m s city, state, ZrP.Cutchogue, NY 11935 _ - PS Form 3$11, February 2004 Domestic Return Receipt 10 ._S r. ~ I ~ ~ ~ ~ ¦ Complete items 1, 2, and 3. Also complete ¦ Complete items 1, 2, and 3. Also complete A. Signawre Item 4 If~fsMcted Delivery Is destred. item 4 if Restricted Delivery is desired. ~ Agent ¦ Pdnt your name and address on the reverse X so that We can return the card to you. ~ Print your name and address on the reverse ? Addressee ¦ Attach this card to the back of the mailpiece, so that we can return the card to you. s. Rece lrced Name) C. Date of Delivery or on the front'rf space permits. • Attach this card to the back of the mailpiece, or on the front if space permits. 1 Articla'~4ddressed to: D .I elivery address different fmm dem 17 ? Yes 1. Article Addressed to: N YES, enter delivery atldress below: ? No Timothy & Jeanne Steele LIEB Vineyard, LLC. 13795 Oregon Road 14990 Oregon Road Cutchogue, NY 11935 p•O. Box 907 3. ServiceTypa Cutchogue, NY 11935 ~Oertified Man ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. ¦i 4. Restricted Delivery/ (Extra fee) ? y~ 2. Article Numtrer 7 0 0 3 16 8 D 0 0 0 6 2. Anicle Number (transfer horn set---- 7QQ3 311Q QQQ6 3953 7949 (transfer from ° - PS Form 3811, February 2004 Domestic to _ /ffJ~{I PS Form 3$11, February 2004 Domestic Return Receipt w25ss-oa~M45ao 1. Article Addressed to: ~~*~^~^~^-°P°w r-^••^•a• - - D. Is delivery address different from item 1 ~'-B'S'es l 'I - 1. Article Addressed to: It YES, enter delivery address below: ? No Timothy & Jeanne Steele 13795 Oregon Road _ .Toseph Ricci Cutchogue, NY 11935 s '45 Mattthews Lane i Cutchogue, NY 11935 3. Service Type ~Certitied Mail ? Express Mail ? Registered ? Return Receipt for Merchandise 4 ? Insured Mail ? C.O.D. 2. Article Number 7 O D 3 16 8 0 D D d 6 a. Reatrcted Delrveyr (Ewa Eaa) ? vea (!lans/er from sc - 2. Article Number 7Q03 168Q QQQ6 7QQ4 8565 - PS Form 3811, February 2004 Domestic Return (transfer /rom see (f 1 pS Form 3811, February 2004 Domestic Return Receipt tozsssez-M-tsto Timothy & 3eanne Steele LIEB Vineyard, LLC. 13795 Oregon Road 14990 Oregon Road i Cutchogue, NY 11935 ~ p.O. Box 907 3. Service Type Cutchogue, NY 11935 ~rtified Mail ? Express Man ? Registered ? Return Receipt for Memhandise ? Insured Mail ? C.O.D. 4. d. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7 p p 3 16 8 D D D 6 (transfer/romse~ p 2. Article Number 7pp3 1680 0006 PDD4 8558 _ - - (ironsfer from s PS Form 3811, February 2004 Domestic Re urn i _ _ PS Form 3811, February 2004 Domestic Return Receipt toz5ss-0aM-t sao Luba & Ors Corso Joseph K. Swiatocha P.O. Box 1044 Oregon Road a Cutchogue, NY 11935 s. se loerype Cutchogue, NY 11935 ~cartifled Mail ? Express Mail ? Registered ? Re[um Receipt for Mechandise ? Insured Mail ? C.O.D. ~ 4. Restricted Deliveryl (Extra Fee) ? Yes 7003 168Q 0006 2. Article Number 2. gr[ICIeNUmber 7QQ3 1680 Oi~06 7Q04 6363 (transfer horn sc_.._ (Transfer from sei___ , PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 PS Form 3811, February 2004 Domestic Return Manzi Homes, P.p. Box 702 Rocky point NY 11778 U.S. POSTRGE PRiG _ I II~ ROCKY POINT. NY 117,8 7003 1F¢80 0006 7004 6370 ~ auc ol.'0i VNIrFOSrArF3 RMGUNT j OOSr.]LSFRVICF I I III I II j 0000 11201 0ooss7~-oz \f 1 Laura So nger 188 Col bia Heights ~ Brookly , NY 11201 ~f~I, / f i Nx~xE iz~ Dc 1 ctl tls?c'r?n7 { nE-ruRM Tc~ ='EMS3E9 idOJ° rJELS VERfdBLE +~S AOGRE.~:u EG UNAE~LE TG F'Ox'rWARG E3C: 11't 9'€r0`l0:dd::i *2a 0;~-, dB~+30~ 01- r".Y ~ i~~~9.•+~.t''r7EtC~o7o~ Bull!nlllnil1,r±lh,l,lh,,I„~Nh„„i,}Il,,;rrlrlilrl,l 1' - Manzi Homes, P•O. BOX 702 Rocky Point, NY 11778 - 7003 3110 0036 3953 7932 I II I III u•s`PGSracE l FRIG ROCKY POINT.NY oxnFns ores RUG 101 ~$0~ ' /rosrei sFq~/~F I 0000 I I I II O~Gg^~OZ I~ _ 11996 1 Ist,~~`_~„~ ~ Michael & Maria Demchak 157 Newtown Road Hampton Bays, NY 11946 J NSX:CE 117 DE :1 00 00?03?07 RETURN TO SENDER ATTEMPTED MOY KNOWN UNABLE TO FORWARD BC: :1177807020'2 *2502-15694-01~-07 a177ac~o7o.: L„II,.JII~„II,,,II„LIL„I,,,III~~„~LIII~,,,,LLLLI r Notice of Hearing >~N.~„fig i~~MAeHO~ROnnHUll i109i Main ROM fmliol0, XY [a imng IM50mpeR na OWNERS OF AECDRO. " NAME DF APPLICATION j~-,' REFERENCE;TAX MAP SUBJECT OF HEARIX6 TIME & DATE XEARING~ - - ~m<~esi mss R'oieo. ~o omM.o ww Tee n m[ naa [o.~ inuv.Mrn arz o,oeooie iw ~~[iMme R~~o[ k m~ nM~i~g „~q vino. e~[i.~[ nor: M~~ me nwrs of mm om ym. PIANNIXG 80ARU~iDWN OF $DB3NGLG ~fi31-0654938 Notice of Hearing .:Y. S~ • ~ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-46]6 Tel: (631) 765-4330 Fax: (631) 765-4643 August 2, 2007 Kieran Corcoran, Southold Town Attorney Mr. Anthony Trezza, Southold Town Planning Board C/ Southold Town Hall P.O. Box 1179 Southold, NY 11971 RE: Hume & Muth, LLC Premises: Oregon Road, Cutchogue, NY Dear Kieran and Anthony: Enclosed please find copies of the following documents for your review: 1. Manzi Trust and Villa Amorosa Cross Easement dated June 13, 2005 2. Proposed amendment to Cross Easement 3. Manzi Trust and Villa Amorosa Declaration dated June 13, 2005 4. Proposed amendment to Declaration Please advise whether the proposed amendments meet with your approval. If you have any questions, please do ngS.hes4late to contact me. Thank you. Very trul ////ours, 1 ~r~ 15 nl, ~ ~ .1~ l~v U ~ - 1,, _ ~ ricia C. Moore PCM/mr - _ Encls. _ r„~_~ w . • • i _ j ~ ~ ~ F~,a~~, '~~mSe-~f oa&cs ~ I=k;~ iut i3 US:3S: ~t PFt / _ Serial 6' ! ~ ~ SUc""FOLK rrAN{T4' i ~ ~ ~ ~ I f L Do~et?~e2 Certifieete tf ~ _ P 123 DT4 044578 Prior Ctf. X Deal /Mortgage Instrument Deed /Mortgage Taz Stomp Raordingl Filing Stamps ~ FF;FS Page /Filing Fee ~ ~ M~ngege Amt. ' }imdling I. Oasic Tex TP-5g4 2. Additional Tax _ Notation Sub Tolat Fa•S2 17 (Cnimty) Sab Total ~ SleelAssit. - fiA-5217 (State) Or Spec. /Add. - RP.T.S.A. ~ _ 4'~~~~/UL,. TOT. MTTi. TAX Camnr, aCFd. ~ S QQ_ ti t0 Ounl Tawn_Dual Cnunty_ ~ Held Cnr Appmtimrment/~ ' Affidavit 2'fy- - . ~ •hansfcr Taz mired Cnpy O i" ~ ~t~y ~j(10~ Mnnsion Taz. ltte property rnvaeJ Ly tliu mortgage is or Reg, Cnpy will 6e improved by s uoe ur two family Sub Total ~ dac8ing only. Other , ~ YFS,_,_,_nr NO GRAND iUTAL •1 If NO, see appropriate tnx elous on p ge X of This inanament. ~5 Real Prop:rty T`nx Service Agency Verilicatian ~ Community Freservn[ion. nd Dist._ Section ~ n~.v y 'deration Arttount S ` 1000 08300 0200 004001 Stamp CI'F nx Due S r Date R DTY A - ~ Impmval Initials 11JUN1t VaeaN Lan t Satis(eetions/D-escharges%Reteases~List Property Orvners Malting Addres TD REC(l1LD & RETURN TO: ' Steven E. I.Osquadro, P. C. TD ' 701D Route 25A ~ TD Rocky Point, NY t1778 ' g Title Conrpnny Infarmafion Co,-Name ' 1'IdeX ~ ~ ' s Suffolk County Recording & Endorsement Page 'this pskc Corms pvi of the altuched Basement ' ntaae hy: (SPFCtFYTYPEOFINSTRI)MFriS'} Manzi Trust , The prtanisa herein is situated in Villa Amoroso SUEPOLF:COt1NTY,NENYORK TO in ttv: Township of Southold Manzi Trust ~ to rite VILLAGC I Mattituck Villa Amoroso or HAMLET nC t30J:ES S~TF7RU 9 MUST ©ETYJ'ED OR PRINILD IN UI.J~CK INI:ONLY PIt10R •f0 ItI:CORD[NG OR Pif.[NG. _ c~c~~s ~~stl~E THIS AGREEMENT made this ~ ~ day of ~fN~ , 2005, by Richard Manzi as trustee of the Joseph G. Manzi Irrevocable Trust dated March 28, 2000 as to an undivided 75°~ Interest and Villa Amorosa, LLC residing at 5 Shelly Lane, Mount Sinai, Mew York 11766 and 31 Stoneleigh Road, Scarsdale, New York 10583, respectively, hereinafter referred to as OWNERS: WITNESSETH: That for and in consideration of ONE and 00!100 ($1.00) DOLLBlR, and other . good and valuable consideration, the receipt of which is hereby acknowledged, the pan°ees hereby agree as follows: ' The OWNERS named herein, Owners of a parcel more particularly described in Schedule "A" and specifically known as SCTM # 1000-0&3.OD-02.00- 009.001, desiring to effect a Major Cluster Subdivision, hereby grant to each parcel, their successors and assigns, guests and invitees, a perpetual easement and right-of-way for ttte ingress and egress, for gas, electric, cable N, telephone, water mains and lines, and any and all utilities under and through the right-of- ' way, as described in Schedule "B° the subject premises for parcels 1, 2, 3 and 4, of a Major Cluster Subdivision map of Oregon Road, located in Cutchogue, New York, said parcels lying and being in the Town of Southold, County of Suffolk and State of New York, Bald easement and right-of-way is more particularly described in Schedule "B" attached hereto and made a part hereof. Further, a ten foot (10') xrlde esse.:.e:: shall extend through tE:e su ect parceE to the Lcng Island Sc:.~nd, said easement is more particularly described in Schedule "C" attached hereto and made a part hereof, Moreover,. the installation of stairs, stairways or any other structure proposed to access the beach from parcels 2, 3 and 4 shall be prohibited, as access to the beach shall be limited to a single structure contained within the aforementioned 10 ft wide easement on parcel 1, which shall serve the residents of the entire subdivision. ~ That OWNERS, their successors and assigns, guests and invitees, take the premises subject to the above described sasemerrts and rights-of-way and rights i r>f others along said Nghts-of-way. ' That th4a grant and easement shall, at alt times, bs deemed to be continuing covenants running with the fend and shall be binding upon tM heirs, t successors. artdlos assigns of the parties lrereln. It shall he the obllgafion of the then OWNERS of the subject parcel, their heirs. aurxessccs and/or assigns, to repair and/or maintain the said aassntent area. Each Property owner shelf Pao roqulred to .pay a 2595 share of said mainbnance and royals cost M addltlon, the lot owners, their Aeirs, successors .and/or assigns .shall be equally responsible for the clearing of snow. and maintenance of the esaemerK and Nght-o&way, incl~ing but not limited do tfie msirttenanca of grass, treas. and txfshes, N arty. The nrvneis of parcel 2„their successors ar assigns shall be responsible far the collection and management of E all of the afonmer?tioned maintenance fees and activities in perpetuity: 1 Upon its full exedttion by the parlies horoln named, this document shalt be 4 recorded in the Suffolk County Clerk's Office, and upon said recording, this ~ Cross Easement shelf 6e fully enforceable bir the Town of Southold. IN WITNESS WitEftEOF,,tfra parries heroto have caussd tltelr hsnda to bs herefnta foced, and those presents to b® signed as of the day and year first above written. i Richard Mann, As Trustee ~rY n B. Fags, Member V{~i-~ A rnoras,a ~ ACKIYOW LEDGM EIYT State ofNew York ) )ss.: Gounty of Suffolk ) On the i 3 day of June in the year 2005, before me, the undersigned; ' pe~sottaily appeared Richard- Manzi, personally known tome or proved to ' me on the basis of satisfactory evidence to be the individuals whose name(s) is/are subscribed to the within instrument and acknowledged to me that ~ he/shelthey executed thcsame in hisJhcr/their capacity(ies), and that by. j his/herhheir signature('s) on the instrument, the individual(s) or the person an behaifofwhich the individual(s) acted, cxecuted the instrument. 'd~N~LHa Yak Hfo.OfUi+lEp9i619 ~~~~,~p0"i~ Notary Public - ..,r ACiCNOWLEDCMENT State of New York ) I )`ss.: County of Suffolk ) On the 13 day ofJune in the year 2005, before me, the undersigned, personalty appeared Kevin Faga, personally known tome or proved to me on the basis of satisfactory evidence to be the individuals whose game(s) islare subscr'sbed to the within instrument and acknowledged to me that ~ he/sheJthey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person on behalf of which the individual(s) acted, executed the instrumert. i Pb:Ottt9~ ~ ~ ~bnt~p ~,~'~rJ~e~ 1 Notary Public i ~ - i I SCftEDU~ A ' Metes and l3ottreds Description ; Of the Major Chzater Subdivision Map of Omgon Landing Situate is the'rown of Southold, County Of Suffolk, New York I ~ Suffolk Cauaty tax map # 1000-83-2- 9.1 ~ ~ Beginning at a point on the Northwesterly side of Oregon Road at ~ ta'ze 6outheasxerP,y corner of the land divisioa &fap of Oregon Landirr~ rnnr„_na thence Southwesterly from said point of beginaireg along the If SIorthwestrsly side of Oregon Road S 61.26' 00' W 466.30' to land now ' ~ or formerky of Swiatocha; running thence Northwosterly aad _ Southwesterly albag said lead aow or formerly of Swlatocha N 48° 53' 00' FI 4E?.00' and S 61.26.30' YT iSQ:O^v' to Eared now or formerly of the County of Suffolk and Steele; running thence I3orthwesterIy along said land of Swiatocha aad Steele as well es along Iands aow or forraedy of Sotinger N 48° 53' 00* W 1,516.00' m the Long Island Sound; running thence Easterly along the Laag'telaad Sound N 71.26' 42• Ir 742' to load now or fartnerly of Blades and Shalvcy; running thence Southeasterly aloag said land of Bladoff and 8hah*ey 3 47° 4g' 00' E ~ 1,850.00' to the Northwesterly side of Oregon Road esed flee pofnt or , I place of beginrtisxg, coataiaing withia said hounds 25.79 acres. i i i _ - ~ scx~al.~ s I Metes e_nd Bounds Description I+ Of the 25 root wide right of why i Ova tha Major Cluster Subdivision Map of Oregon Leading Situate in the 'fawn of Southold, County OF 3uffollc, New Ynrk ! Suffolk County tax map q 1000-83-2-P/O 9.1 Beginning at a point oa the N.-rtlr~aeateriy side of Oregon Road at the Southeasterly tamer of the Major Cluster Subdivision MaQ of Oregon Landing, running thcn~ 5outhweaterl}r tiom said point of beginning along the Northwes~rIy side of Oregon Road 3 6I° 26' 00" W 26.48' to Parcel 5 on the Major Cluster Subdivision Map of Oregon Landing, n:nning thence Niuthartst~lp end esttr~ through said lot 5 ",he fallowing three (3} courses and distances: 1) N 47.49' 00' W 1,289.11' 2) Along a curve to the left having a radius of 50.00' and a length of 53.00' 3) 5 ? 1' 26' 42' w 482.77' to the cui de sac of this rig,~t of weg; Warming theax in a clockwise fashion amuad the cul de sac of this 25 foot r~ltt of way along a curve m the left ha+ring a radius of 20.00' and a length of 32.65' zrd along s curve to t8e right having a radius of 50.00' and a Icngth of 239.19' m Parcel 1 on the Major Cluster Subdivision Map of Oregon landing; running thence E~ster~y along said Parcel l cad slang parcels 2, 3 sad 4 an the Mbar Cluster Subdivision Map of Oregon Landing N 71' 26' 42' E 596.54' to land now or formerly of l3lados end 3lralvey; Winning thence Southcasterjy along said lead of Blados and Shalvey S 47° 49' 00" E 1,34I.79'to the Northwesterly side of Oregon Road and the point or place of beginning, caataining within said hounds z.a7 ate. ' ~ • I i i ~~~t`~Jfsa~ ~ Ii ~i I ` Metes~8nd i3ounas Destxiption Of the 10' wide easement to Long Jslaad Sound i ~ Over Parcels 5 and 1 on the Major Cluster Subdivision Map of Oregon Iandixsg is Situate in the Town of 3cuthald, County Of SvffoIk, New York ~I 8uffalk Caurty tA:, asap # ICCO-S3-2-FJO 9.1 I ~ Beginning at a point on Parcel s of the Major Subdivision Map of • Oregon T.artding oa the ctil de sac of the 25' right of ~9 strving same the following six (ti} courses and aistances from the Northwestcr~y side of _ i Oregon Road. 1} 3 61' 2a" 00' W 2S.48S as measured along the Northwesterly side 1 of Oregon Road from the Southeasterly corner of the Mgjar Cluster Subdivision Map of Oregon Landing 2} N 47° 49' W W 1,289.11' 3} Along a curve to the loft having a radius of 50.00' and a length a{ 53.00' 4} 3 71.26' 42' W 482.77' tv the cal de sae of this right of way; 5) running them in a clockwise fashion around the eul de sac of this 25 foot right of way slang a airve to the Leh having a radius of 20.00' and a length of 32.85' and 6} alosag a curve m the right having a radius of 50.00' and a ]cngth of x07.02' to the point of bcgianing; 1Zimrtiag thence Wcstetiy thtvuglz Psrcei 5 on the Major. Cluster Subdiv~slon Map of Oregon Laading S 71 ` 26' 42' bV 98.74' to ]and now or formerly of Bolinger, running thence Northwesterly along said land of Bolinger N 48' S3' 00' w 525.24' to the Long Island Sauced; ruruiing thence ltssirsrly along the ~ Island Sound N 71° 26' 42' E 11.59'to a pointy running thence Southeasterly and Northeasterly through Parcel I oa the Ma}as Cluster Subdivision Map of Oregon Landing 3 48° 53' 00' E 513.66' erxt N 71. 26' 42' E 123.00' to the cal de sac of the 25' tight of way on the Major Cluster Subdivision Map of Oregon Landing; running thenx generally Southwesterly along said cal do sac in a coanker clockwise Fnahian along a carte to tlse left having a radius of 50.00' and Ienath of 32.18' to the point or place of beginning, containing within said bounds fi,249 square feet. t AMENDMENT TO CROSS EASEMENT On this day of July,2007, the owners of lots in a subdivision entitled "Map of Oregon Landing 1" filed in the Office of the Suffolk County Clerk as Map No. 11290, being Hume & Muth, LLC ,doing business at 13459 Oregon Road, Cutchogue NY 11935, as owner of Lot 1 and known as Suffolk County Tax Map number 1000-72-2-6 ;Daniel Hume and Lori Hume, his wife, residing at 300 East 54`h Street, Apt 8L, NY, NY 10022 as owner of Lot 2 and known as Suffolk County Tax Map number 1000-72-2-5; Richard Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000, residing at 34074 Sound Avenue, Riverhead, New York, as owners of lot 3 and known as Suffolk County Tax Map number 1000- 72-2-4; and Richard Manzi as trustee of the Joseph G. Manzi Irrevocable Trust dated Mazch 28,2000, residing at 34074 Sound Avenue, Riverhead, New York as owner of Lot 4, known as Suffolk County Tax Map number 1000-72-2-3 ,their heirs, distributees, successors and assigns hereby wish to relocate the placement and location of beach stairs and easement for access to the beach appearing in an instrument recorded in the office of the Suffolk County Clerk at Liber 12392 page 123, et seq. and Laura Bolinger, residing at 13459 Oregon Road, Cutchogue NY 11935, the owner of Suffolk County Tax Map number 1000-83-2-10.2 being the contiguous parcel west of Lot 1 on said subdivision; The cross easement in liber 12392 page 123 which describes a ten foot (10) wide easement running along the west side of Lot 1 is herein extinguished and shall herein and forever be relocated to a ten foot 0) wide easement running along the east side of Lot 2; and That the installation of stairs, stairways or any other structure proposed to access the beach from Lot 1, 2, 3 and 4 shall be prohibited except through the relocated ten foot wide easement running along the east side of lot 2, which stairs shall serve the residents of the entire subdivision. That the undersigned hereby agree that the owners of the parcel to the west of Lot 1, SCTM#1000-83-2-10.12 shall have the right to ingress and egress, and utilities along the common roadway, 25 foot right of way, as shown on the subdivision map entitled "Map of Oregon Landing 1" filed in the Office of the Suffolk County Clerk on July 25, 2005 as Map No. 11290, and along the south side of Lot 1, and shalt abide by the "Road Maintenance and Declarations" recorded in the Office of the Suffolk County Clerk at Liber 12462 page 66. The relocation of the access for stairs, stairway or any other structure proposed to access the beach and all other provisions discussed herein have been approved by the Southold Town Planning Boazd by majority, plus one, of the members of the Southold Town Planning Board. All other declarations and agreements remain in full force and effect. Lot 1: SCTM# 1000-72-2-6 Hume & Muth, LLC By Lot 2: SCTM#1000-72-2-5 Daniel Hume Lori Hume Lot 3: SCTM#1000-72-2-4 Richard Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000, Lot 4: SCTM#1000-72-2-3 Richard Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000, Adjacent Property: SCTM#1000-83-2-10.2 Laura Bolinger STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Steven Muth personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Daniel Hume personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Lori Hume personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Richazd Manzi personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Laura Bolinger personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public r. T Fii3 LEC`1.AS~=. ~ lON Cnuuc uy I~'iCl"iard it~i3tl~.i £ss 2 ~ LSC~:: vi the 1vsc, his. Manzi,lr., Irrevocable Trust, dated February 28, 3000, this ~ ~ day of 2005, residing at 5 Shelly Lane, Mount Sinai, New York [ 1766, as to a 75% undividtxi interest, and Villa Amoroso, LLC, with offices located at 31 Stoneleigh Road, Scarsdale, New York 10583, as to a undivided 25% interest, herein after rcfcTrcd to as DECLARANTS, as owners of premises described in Schedule "A" annexed hereto (hereinafter referred to as PREMISES) desire to restrict the use and rnjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and do-.s hereby declare that said PREMISES s hail beheld and shall be rnnveyed subject to the following covenants and restrictions; 1. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct, approval ofplans or approval ofa Major Cluster Subdivision or development on the PREMISES. 2. As a condition of approval by the TOWN of the subdivision or development application, the DECLARANTS covenant as folleevs: a, that there shall be 50' buffer "set back from the top of Bluff' said buffer to be undisturbed with the expectation of the removal of dead or noxious vegetation, and within the 50' buffer dead trees and cherry trees smaller than 5" can be removal by hand, ra-vegetate undetstory with low bush blueberry, ink berry and bayberry. Existing tress may be manually pruned and trimmed as necessary. Grading within 50' buffer is prohibited; and b. that no clearing of said 50' buffer, with the expectation of the removal of dead or noxious vegetation, shall take place without the approval of the TOWN Planning Board: and c. that their successors and/or assigns, must submit an erosion control and rc- vegetation plan to the TOWN Planning Department what seeking the aforementioned approval; and d. that newly plantal areas as Hotel on the plat shall survive for a period of two (2} years following the release ofbond; and e. that no storm water resulting fmm the development and improvctnent at" the subdivision or any of its lots shall be discharged down tine face of the bluff in any manner, and f. that no new residential structure or sanitary facility shall be constructed or otherwise located within 100 tt. landward of the top of bluff, and ' g, that the future subdivision ofparccl 5 is prohibitai following the sale of development rights; and h. that on areas of the bluff that have exposed soil, beach 6rcass (Ammophilia Breviligulata} shall be planted prior to the rdcasc ofthc performance bnrarantcc and that said beach grass shall survive for a ptxiod of five (5) years; and i - } f ~ r. iilat yiLOC t0 ule fil:u ~is~i<:F'i:i uG uits 7i1zfU: c:~Ler subu: t'tbLC~n DECLARANTS shall provide a signed written statement addr~.sed to the Planning I?oasd ~ that states "the creation of this subdivision in no way commits either the Town of Southold or the County of Suffolk to any program to protect this property from bluff and I shoreline erosion through the construction of engineering or other works; and j. that prior to any construction activity, DECLARANTS shall secure a i General Permit for Storm-water Runoff from Construction Activity (GP-02-O1) it4" administered by the New York State Department of Environmental Protection (DEC) t„~?" h~ U`~ under. asc 11 Stata Pollutant Discharge Elimination System (SPDES) Pro Ihh'333 a ~ gram; and pr ti•W 2, ' k. no stairways, stairs or other structures shall be installcei which allow ~ ' ac o the beach from parcels 2, 3 & 4; and ~ ' ~ ~ 1. no structures shall be proposed or permitter) within 100 feet from the top R of the bluff tine without a grading plan approved by the Office of the Town Engineer and \ m~ A i the Planning Board and all appropriate permits; and S~d rt ~ ~~,t This subdivision is subject to the Areicle JCXII, Farmland Bill of Riehts (Added 5- 27-1997 by L.L. No. t 1-1497) 5cction [00-220. Right to Farm of the Town of Southold Town Code. ' 3. The DECLARANTS their successors andlor assigns shall set forth these eavenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above-described property and shall, by their terms, subject same to the rnvcnants and restrictions tontained herein. Failure of the DECLARANTS, their successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the wvcnants and restrictions contained herein shall be in addition to and not in derogation of [imitation upon any provisions of local, state, and federal laws, ordinances, andlor regulations in effect at the time of execution of this a~ecment, or at the time such laws, ordinances, andlor regulations may thereafter be rcvis~l, amended, or promulgatccl. 5. This document is mace subject to the provisions of al! laws required or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a pari hereof, as though fully set forth. 6. T he aforementioned restrictive covenants shad be enforceable by the Town of Southold, State of Ncw York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. Ii csc iurciifin_ a:td F~SiIi~iSGn3 St~`.nit rL'n cc'Stn ri'tc !an(1 and 9ha1E v~ binding on the DECLARANTS, their sUCCecso!'S and assigns, and upon al! persons or entities claiming under them. 8. !f any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that pari so adjudged to be illegal, unlawful, invalid; or anconstitutianal. chard Manzi, ss Tnistee Vil morvsa, LLC By: Kevin B. Faga • Svi;3uUixIS A Metts and Bounds Description Of the Major Cluster Subdivision Map of Oregon banding Situate in the Taa+n of Southold, County Of Suffolk, Mew York Suffolk County tux map p 1000-832- 9.1 Beginning at a point on the Northwesterly side of Organ Ftasd a[ the Southeasterly corner of the land division Map of Or~gvn Landing running thence Southwesterly fmm said point of be~}naing along the Plarthwesterly side of Oregon Road S 61.26' 00' W 4bb.30'to Iaad new or formerly of Swiatocba; running thence Northwesterly and Southwesterly albng said lead now or fonucrly of Swiatocha N 48° 53' 00" ~Y 484.00' and c E I ° 26' 00",N 180.00' to land now or formerly of the County of Suffolk and Steele; running thence Northwesterly along said Land of Swiatoeha and Steele as well as along lands now ar formerly of Soli7tger N 48° 53' OD" W 1,516.00' to the Loag Island Sound; rursring thence Easterly along the Long Island Sound N 71 ° 26' 42' E 742' to land now or formerly of glados and Sbalvey; rctnning thence , Southeasterly along said lead of Blados and Shalvcy S 47° 44' QO' E 1,850.00' to the Nortitwestksty side of Otzgon Road and the paint ar place of beginning, containing within said bounds 25.'19 acres. AMENDMENT TO DECLARATIONS DATED JUNE 13, 2005 On this- day of July,2007, the owners of lots in a subdivision entitled "Map of Oregon Landing 1"filed in the Office of the Suffolk County Clerk as Map No. 11290, being Hume & Muth, LLC ,doing business at 13459 Oregon Road, Cutchogue NY 11935, as owner of Lot 1; Daniel Hume and Lori Hume, his wife, residing at 300 East 54`" Street, Apt 8L, NY, NY as owner of Lot 2; Richazd Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000, residing at 34074 Sound Avenue, Riverhead, New York, as owner of Lot 3 and Richard Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000 residing at 34074 Sound Avenue, Riverhead, New York as owner of Lot 4, their heirs, distributees, successors and assigns hereby wish to relocate the placement of beach stairs and easement for access to the beach appearing in a Declaration Dated June 13, 2005, recorded in the Office of the Suffolk County Clerk at Liber 12392 page 124; That paragraph k. in Declaration made on June 13, 2005 recorded in the Office of the Suffolk County Clerk at Liber 12392 page 124 is hereby amended to allow access to the beach from the easterly 10' feet of Lot 2 and prohibit stairs which allow access to the beach from lots 1, 3 and 4. The access to the beach for all the lots shall be along the easterly 10 feet of Lot 2. The relocation of the access for stairs, stairway or any other structure proposed to access the beach and all other provisions discussed herein have been approved by the Southold Town Planning Boazd by majority, plus one, of the members of the Southold Town Planning Board. All other declarations and agreements remain in full force and effect. Lot 1: SCTM# 1000-72-2-6 Hume & Muth, LLC By Lot 2: SCTM#1000-72-2-5 Daniel Hume and Lori Hume, his wife Lot 3: SCTM#1000-72-2-4 Richard Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000, Lot 4: SCTM#1000-72-2-3 Richard Manzi as trustee of the Joseph G. Manzi Jr. Irrevocable Trust dated March 28,2000, STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Steven Muth personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Daniel Hume personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeared Lori Hume personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public . STATE OF NEW YORK COUNTY OF ss.: On the day of , 2007, before me, the undersigned, personally appeazed Richard Manzi personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public #8464 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says 1ha1 he/she is Principal clerk of THE SUFFOLK TfMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing e "d day of August, 2007. Principal Clerk Sworn to before me this ~ day of 2007 fi:05 p.m. Proposal to amend the filed Map Number 1000.35-I-25 lledara[ion of Covenants and Res[ric- Dated: 7/2A/07 (ions of the approved Conservation Sub- BY ORDER OF THE LEGAL NOTICE division Oregon Landing I located n(o SOUTHOLD TOWN Notice of Public Hearing Oregon Road, 625 ft. w/o Bridge Lane, PLANNING IIOARD NOTICE IS HEREBY GIVEN that, Culchogue, Town of Southold, County ]erilyn B. Woodhouse pursuant to Section 276 of the Town of Suffolk, State of New York. Suffolk Chairperson Law and Article XXV of the Code of the County Tax Map Number 1000-83-2-9.1 gq6 -IT 8/2 - Town of Southold, a public hearing will 6:10 p.m. Proposed Amended Site be held by the Southold Town Planning Plan for the Peconic Landing Cafe Ad- Board, at the Town Hall, Main Road, dition located on the n/s/o NYS Route Southold, New York on [he 131h day of 25,1,121' e(o Sound Road, in Greenport, A~Igud. 20117 on the question of the fol- Town of Southold, County of Suffolk, lowing: State of New York. Suffolk County Tax 6:00 p.m. Proposed Standard Subdi- Map Number 1000-35-1-25 vision Cleaves Point Manor located on b:15 p.m. Proposed Amended Site the w/s/o Shipyard Lane, approximately Plan for Peconic Landing(Brecknock 173' s/o Gus Drive, in East Marlon,TOWn Hall located on the ds/o NYS Route 25, of Southold, Counly of Suffolk, Stale 1,121' e/o Sound Road, in Greenport, of New York. Suffolk County Tax Map Town of Southold, County of Suffolk, t~/~~ Number 1000-38-7A State of New York. Suffolk County "[hx ~J ~/~5~`/ C}yRISRNA VOppSNEW YORK NOTARY No ~Ol N06105050 9uallfied In Suffolk County ^.nmrni/afar`' pgplrea F®bwary 28, 2008 f ~ ~ ~ MAILING ADllIZESS: PLANNING BOARD MEMBERS ~~OF SOplyo SouthOold, NY 11971 JERILYN B. WOODHOUSE ,~O l~ Chair OFFICE LOCATION: KENNETH L. Ell WARDS w ~c Town Hall Annex MARTIN H. SIDOR ~ • ~O 54375 State Route 25 GEORGE D. SOLOMON Oly ~ (cor. Main Rd. & Youngs Ave. ) JOSEPH L. TOWNSEND COUNT'I,N Southold, NY Telephone: 631 765-1938 Fax: 831 765-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 13th day of August, 2007 on the question of the following: 6:00 p.m. Proposed Standard Subdivision Cleaves Point Manor located on the w/s/o Shipyard Lane, approximately 173' s/o Gus Drive, in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-38-7-9 6:05 p.m. Proposal to amend the filed Declaration of Covenants and Restrictions of the approved Conservation Subdivision Oregon Landing I located n/o Oregon Road, 625 ft. w/o Bridge Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-2-9.1 6:10 p.m. Proposed Amended Site Plan for the Peconic Landing Cafe Addition located on the n/s/o NYS Route 25, 1,121' e/o Sound Road, in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-35-1-25 6:15 p.m. Proposed Amended Site Plan for Peconic Landing/Brecknock Hall located on the n/s/o NYS Route 25, 1,121' e/o Sound Road, in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-35-1-25 Dated: 7/24/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, AUGUST 2, 2007 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Kalin, Carol From: JOAN ANN [jaweber@timesreview.com] Sent: Tuesday, July 24, 2007 12:50 PM To: Kalin, Carol Subject: Re: Legal Ad for 8/2/07 edition Carol: Received for publication in 8/2 edition ST Joan Ann Original Message From: Kalin Carol To: ~aweber(o)timesreview.com Sent: Tuesday, July 24, 2007 11:53 AM Subject: Legal Ad for 8/2/07 edition Joan Ann, Please publish the attached legal ad for the Planning Board's 8/13/07 public hearings and send me confirmation of receipt: 6:00 Cleaves Point Manor 6:05 Oregon Landing I 6:10 Peconic Landing Cafe 6:15 Peconic Landing/Brecknock Hall Thanks - have a good day! Carol 7/24/2007 ~ • ~ MAILING ADDRESS: PLANNING BOARD MEMBERS ~~OF SOUjyO P.o. Box 1179 JERILYN B. WOODHOUSE Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS N oc Town Hall Annex MARTIN H. SIDOR ~ C GEORGE D. SOLOMON ~O • 54375 State Route 25 JOSEPH L. TOWNSEND ~~C~UN~ (cor. Ma~oR h &dYoNu~nga Ave.) Telephone: 631 765-1938 Faze: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 13th day of August, 2007 on the question of the following: 6:00 p.m. Proposed Standard Subdivision Cleaves Point Manor located on the w/s/o Shipyard Lane, approximately 173' s/o Gus Drive, in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-38-7-9 6:05 p.m. Proposal to amend the filed Declaration of Covenants and Restrictions of the approved Conservation Subdivision Oregon Landing I located n/o Oregon Road, 625 ft. w/o Bridge Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-2-9.1 6:10 p.m. Proposed Amended Site Plan for the Peconic Landing Cafe Addition located on the n/s/o NYS Route 25, 1,121' e/o Sound Road, in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-35-1-25 6:15 p.m. Proposed Amended Site Plan for Peconic Landing/Brecknock Hall located on the n/s/o NYS Route 25, 1,121' e/o Sound Road, in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-35-1-25 Dated: 7/24/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson 1 r STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 24th day of July, 2007 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall. 53095 Main Road Southold New York 8/13/07 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Standard Subdivision Cleaves Point Manor, SCTM#1000-38-7-9 6:05 p.m. Public Hearing to amend the approved map of the Conservation Subdivision Oregon Landing I, SCTM#1000-83-2-g.i 6:10 p.m. Public Hearing for the proposed Amended Site Plan for the Peconic Landing Cafe Addition, SCTM#1000-35-1-25 6:15 p.m. Public Hearing for the proposed Amended Site Plan for Peconic Landing/Brecknock Hall, SCTM#1000-35-1-25 c~ Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this day of , 2007. Notary i~ MELANIE DOROSKI NOTARY PUBLIC, State of New York No.01D04634870 Qualified in Suffolk County n ~ Commission Fxpires September 30, l~ I ~ • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~OF SUUry~ P.O. Box 1179 JERILYN B. WOODHOUSE h0 l~ Southold, NY 11971 Chair ~ # OFFICE LOCATION: KENNETH L. EDWARDS N >c Town Hall Annex MARTIN H. SIDOR ~ Q GEORGE D. SOLOMON ~ 54375 State Route 25 JOSEPH L. TOWNSEND l~COUIY 1' (cor. Mason h &dYlo~ungs Ave.) IY 1' Telephone: 631 766-1935 Fare: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 10, 2007 Mr. Joseph Manzi c/o Manzi Homes P.O. Box 702 Rocky Point, NY 11778 Re: Conservation Subdivision of Oregon Landing I Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue SCTM#1000-83-2-9.1 Zoning: A-C Dear Mr. Manzi: The Southold Town Planning Board, at a meeting held on Monday, July 9, 2007, adopted the following resolutions: WHEREAS, this proposal is to amend the filed Declaration of Covenants and Restrictions that were recorded on June 13, 2005 (Liber 12392, Page 124) in connection with the Conservation Subdivision of Oregon Landing I. The proposed amendment will allow a common beach access over Lot 2, but not over Lots 1, 3 and 4; and WHEREAS, this proposal will also require the filing of an amended subdivision map which shows the new location of the beach access; and WHEREAS, the Southold Town Planning Board discussed these proposed modifications at their Work Session on June 18, 2007 and agreed that said changes to the Declaration of Covenants and Restrictions requires a public hearing and approval by majority plus one of the Members of the Board; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (3), makes a determination that the proposed action is a Type II and not subject to review; and be it further Oregon Landing I Page Two Julv 10, 2007 RESOLVED, that the Southold Town Planning Board set Monday, August 13, 2007 at 6:05 p.m. for a public hearing on the proposed amendments to the Declaration of Covenants and Restrictions originally recorded on June 13, 2005 (Liber 12392, Page 124) in connection with the Conservation Subdivision of Oregon Landing I. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed preen return receipt cards before 12:00 noon on Friday, August 10 The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, erilyn B. Woodhouse Chairperson Encl. cc: Melissa Spiro, Land Preservation Coordinator Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for an amendment to the filed Declaration of Covenants and Restrictions that were recorded on June 13, 2005 (Liber 12392, Page 124); 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-83-2-9.1; 3. That the property which is the subject of this application is located in the A-C & R-80 Zoning Districts; 4. That the amendment to the Covenants and Restrictions will allow a common beach access over Lot 2, but not over Lots 1, 3 and 4. The property is located n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2"d FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday. August 13. 2007 at 6:05 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner Name: Manzi Homes/Oregon Landing I Date: 7/11 /07 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail -return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon. Fri., 8/10/07 Re: Conservation Subdivision Oregon Landing I Amendment to Covenants & Restrictions SCTM#s: 1000-83-2-9.1 Date of Hearing: Mondav. August 13. 2007. 6:05 a.m. i JOSEPH G. MANZI, JR. IRREVOCABLE TRUST ~JREGON LANDING I CONSERVATION SUBDIVISION 1000-83-2-9.1 Proposal to amend the filed Declaration of Covenants and Restrictions that were recorded on June 13, 2005 (Liber 12392, Page 124) which will allow a common beach ~ccess over Lot 2, but not over Lots 1, 3 and 4. MONDAY -AUGUST 13, 2007 - 6:05 P.M. - rrcur[rcn MnY cwvexsnx o.ae- .,p„ I ~ - evisrons OD 129 30-9 + xl-ve v~o -9e f sEE uc. xo. on . i I - 2]-9e AIAICN LINE 10.0599 / ~ ' 12-OD-99 / ~1.9A oc.oz-o SOUND qp m.la ' _ - P~' L9A 9.J _ 09- -09 ~ _ ]0 / ll.OA I-]I-0` ~ _ ~ A5 ll.lJ Z9 +-zeos W _ ~c L.D. a a - io-Ji ros ~ SGH.D.9 F.D. 70.16 x.ialc, 11J.6A x:od r t ~ 1 i 1 - Y V- IJS ~ _ J .J l.aucl i 9IEC/ 6.2 l0i]B ~ w 1.1AIC1 1.2 2.SAICI IO.BA AA j (2 l.5 9'1 ~Jxe 2nla ~ r.+ eountt of suFOlx .vml e 2.BAICI J J OvgF~ Lu,- ~~I Y t~ ~ l.)AICI IO.II ~I / 2.OA _ ~T 1V / / I a ry A~ ~ ~a, O x us V P ° e tz.lxwr 16aA ~ J ; ~ la`~ o tDic. rv llz ~ £ Jos ci 'a/ ~ E ~ 11.2 h °j 2.9A 4 lx Jt ~2 e v ~ ¢~k 1J.6 31.9AIC1 6+(</ I ' a ~ J95A ~ O Sb a 41. ~ C - 13.1 ~ 2,J r _ COIM EYe 0~ $NFFOLx '4y'" 0 ~ ~ n$o~ ~ O 20gc ~ a a 4` v R ~ ' ~ Cpk s R (Y4~ o N J ti a ~ d - .4 "90 \ ~4. 2Dd fl 3 76/ ~ ti , 06 ~ ~ g 62arci ,D9 o r 'L ~ 'R4 ah" a ti ~ P ~ xSOJ J' o ( CI gry . ^ 9, 'h y 16 3 0 W S 'D 'i p 30.6AICl ,M19S s 0 . `sj ~ O J~xq P ~ b~`L ~ O ~w A r 1A' '6~c1 _ i ~ , ~ w 11.1 2e.n xy1. q~ S2 a 4 - 't a '>q Ir _ ,G J V aryo a FOn PCL N0. 1 sEE SEC. wO. ' , 096-01-011.5 r. e - .oJJ `~zq~y LL ^ 1 ~ zs 1~RIC1 84 FOP PCL N1 FOP PCL N0. fpP PCL IG. fOfl PCL. 1A. FIX! PQ. W. SEE SEC. xO. SEE SEC. NO. SEE SEC. NO. SEE SEC. NO. +,d SEE SE[. NO. 095-01-OOB.J 095-01-009 095-03-010 095-01-O1L2 095-Ox-001.1 _ {s ry _ ~ v_ •uA3cx ~ ~ ~ -i?iwc ~wrcN ~ LwE {{I 4F SEC. Ip. 095 SEE SEC. Ip. 095 L uw.~n d a• 1'~ e.,w,.e, w . u., ,.wox,.vl 1.. - - xrr - wea` w,,,K, - - . - _ eP6ezs wN.u Or.cP.ial, oPExras K rmx a SECTION NO E r~~ ,..r 21 _ x,ln a .a °o6rarcr~, NoucE COUNTY OF SUFFOLK © E SOUTHOLD - ~ x.wJErvANCE, dEiEaalOrv.3..E oa ~ „Red Property Tax Service Agency r ~[Aa a E uw.r.r=,1°, „ m....w„ e,. n u - . - _ .d,.,m..r xn - - ma *Na ~oew*` oislaeuJax IX ulr voalxr; IX Jux e w.. 0 8 3 sLrFae carvrr rdr wa s PaoxIXreo M N s.m., vw,. au un w., .e n. .w..a. u,._ _ w. ea ••r~s C Canty Center AivxMad,NY 11901 wrxoul .mlr[rv PEaMS910rv cF rNE A b SO ~ A R mlxn ro lOOQ p a. zl Iza um o. Iz.u ' . D...., - > - - ...a.. u.,,.,,~h - .ueanrvce .sre.aec w1E w REr: Jz 7 A ~ aEe_ =POaear, lea sEanc `.<nv. P PROPERTY MAP Lfri.'FPSIL+10elE :u.xo. uae L ~ _ ~ ~ S~ Rockhall Development Corp. May 24, 200 P.O. Box 702 Rocky Point, N.Y. 11778 Town of Southold Planning Board Town Hall Annex 54375 State Route 25 Southold N.Y.11971 Oregon Landing I RE: 14216 Oregon Rd.Cutchogue, N.Y. SCTM # 72-2-5 Dear Mr. Trezza I am writing in reference to the described Parcel above, as you know and we previously discussed we recently sold lot two to Daniel and Lori Hume, themselves and Mrs. Bolinger are jointly purchasing lot one which is to Mrs. Solingers east and to Mr. Hume west, the lot in between, they will be holding this lot jointly as to keep it natural but keep it in tact as a single and separate building parcel. The only change that we would like to make is the location of the beach stairs and beach access, they are not built yet and they are to the extreme west side of lot oue, we would like to place them on the east side of lot two which will be essentially in the center of the four lots, see attached diagram Please discuss this with the Planning board and let me know how to proceed. Yours Truly, John Guido Contact John Guido Office - 631-744-2655 Cell - 631-965-6683 ~....~T, -..~„~,..x.~~,-.q, ®~,~~_o~~n . LJ C~ v j~... Ex~sz~~ 3eG.~t.. ctcccss ~1hC~~ wC. weld Iilc,c. d~ ILIv?~ ~if' - z:= ~ ° W • - s, y , . - ~ _ - ~ - ~ ~ ~ ~ i~~`~ ~ ~ - ~ - _ r - ,y~ ~ - F2 T_ ~ ~ w ~ s ~ \ `SF t_ ' - i ~ C e_ ~,~i' ~u..e~ ~ , -,ter. - = ~ _ t'Y lei v L.= e t ~ ~ ~ - -y~ - ' . , ~ V ,.i~, _ _ ~ Q ~ ~ v ti ~ i , v ~ - ~~.v~ e~ ~ ~ - r'. ~~s~ -~~~0 C., ~ C elk t } # ~ I ~ yJ'i yyy~~~ ~ t l) i s > [ r , \ I _ ~n i - r" f _ „ ~ ~ ~ ~ _ _ i 7 ~ , ~ ~ - LASER FICHE FORM ~ SUBDIVISIONS Proiect Type: Maior Status: Final Approval SCTM # : 1000 - 83.-2-9.1 Proiect Name: Oregon Landing I Location: The property is located n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchoque in the A-C and R-80 Zoning Districts. SCTM#1000-83-2-9.1 Hamlet: Cutchoque Applicant Name: Manzi Homes Owner Name: Joseph Manzi Zone 1: A-C Approval Date: 6/13/2005 PLAT Signed Date: Lg~'i'7~©.~ OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: R-80 Zone 3: CandR's: Homeowners Association R and M Agreement: Address: County Filing Date: 7/25/2005 SCANNED auc - a Rio SCAN Date: Records Management rr TH`SOR SUBDI`Y%ISION IS FUR ~ .DTI ACRES LCCATcil Oi'I IN SCT'~IS ! 000- MINOR SUBDIVISION (NO ROAD) Complete application received _ Application reviewed at work session 1 d '"'n•~ ao'i i"ro, t OK N ~ ~ .X Applicant advised of necessary revisions a U 0 ~k ~ w ~ 1'u1 OK h ~ Revised submission received .o , I ~ O ~ ~ ro~ 4K o o Sketch plan approval o ~ o -With conditions cco~w Q~ ~ 01 0 ~ 0O ~ Lead Ageno~ Coordination ro Y ~ ~ SEQRA determination o ~ 3 0 ~ ~ ~ Sent to Fire Commissioner 1 ~ ~ ~ ~ ' i b o' ~ Y Receipt of fireweil location ` ~ .r-"G~ 'v'.. ~ o Notification to applicant to include on final map ~o~ N 00 ~ U ~ JfD'L a ~ y Sent to County Planning Commission ~l~ y ~ ~ • W o ~ ~ ~ v Receipt of Caunty Report ~ ax a ~ ~ ~~o~ 0 3 ~ ~ Revi w of SCPC repot U Y m ~ P _ ~ ~ ~ o~~ o ~ ° ~ Draft Covenants and ~ estrictions received \ '"'0• nx 0 0 ~ ~ b , , Se,,~`~cL ~ ~ ~ Draft Covenants and Restrictions reviewed ~Z~OS I ~ v ~ ox ~ Filed Covenants and Restrictions received H a: ~ a..-a ~/~u~.V. cor~.~r~.1- ``pP.~,.. ~ uo~~z~~~~~,1~oS ~ ~ : rZ \ Receipt of mylars and paper prints with ~L Health approval - 2..0 0~~(~ o ~ s15 I Ds~ y ~~~1`~a Final Public Nearing r7~w~ u~~ ~ `Z~ ' Approval of subdivision -with conditions ' ' - ~ ~ ndGrSCmerit of Si.ibdi'vi~ivn ~uc.'~+•i~ ~~-1039 65a~a~z ~ _ • ^~05 MAY"'` Application for Final Plat Approval _ - APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision ~ IMP ut5'yi LF} W ~ I NICt Z 2. Suffolk County Tax Map # ~DOO - 83 ' a ~ ~ ~ 3. Hamlet GUT[ 1-f O Gi! E 4. Street Location N~^^ CAM Kcy • bt'~'IAI~C% COXS . t' gnd~jC 5. Zoning District /1 ' G 6. Date of Submission y - 2(0 - O S 7. Sketch Plan Approval Date (o - ~ rj - O~ 8. Prelimin iry Approval Date 9. Numh ~r of Lots Proposed 5 10. Acreage of Open Space/Reserved Area • ~ 07. ACVC'j 11. Affordable Housing Units Proposed 12. Percentage of Affordable Housing 13. If providing less than 25% Moderate Income Family Dwelling Units (MIFDU), please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B) of the Town Code. 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not, please explain the differences. - yeS 15. Application prepared by owner [ ]agent other Signature of Preparer L Date T' Z(p ' OS ~ . - PLANNING BOARD MEMBERS gUFFO[,rc O Town HaII, 53096 State Route 25 BENNETT ORLOWSHI, JR. .1.0 G ~ 'y P.O. Box 1179 Chairman o~'~ Southold, New York 11971-0959 WILLIAM J. CREMER.S N = - KENNETH L. EDWARDS ~ ~ Telephone (631) 76b-1938 GEORGE RITCHIE LATHAM, JR. ~ - y 0~ Fax (631) 765-3136 RICHARD CAGGIANO '~Ol ~ .?,`a PLANi\TING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: C7~EGdnl LAN,[?~Me; Suffolk County Tax Map # 1000- fl 3 ^ - ~ ~ / Type of Subdivision: Major J/ Set-Off Lot-Line Cluster Subdivision: Yes ~TO~To Hamlet:. , SC2U f/~'!7z-O. . " Street Location: d ~+`do~ ~.O Afi . Acreage: ~ s Number of Lots: ~ ~ ~ ~ ~ Zoning District: yQ ~tBAlnltl~ Date::. ~ 3 p ~ _ ~ • Please list name, mailing address, and phone number for the people below: Applicant: /~A.^~zi /7"d/yi6S kT as g g PP T. ~vrLEe. A ent handlin the a lication: VE f p (Contact Person) .o. _~3 Property Owner(s): t/LAN k Sw~ A-r~hfj ~6-.Qa~N/c.B C~ o Rn-rL! 2 'isle Surveyor: h~.Cu~~.+.s GL~~B ~~4f'yE~-c. .+Qc ~c. Engineer: e'~.Qa~ ~c.~~. r ~ ~ P•d, or d3f/ Attorney:. ~TB .ice/ [-o s a ~ADr~ n 6 =~A Other Agent(s); 7 . . Has this property had a previous application to the Planning Board? Yes ~No J Has this property previously received a SEQRA review? Yes~ilVo J Have you had any pre-submission conferences with the Planning Board? Yes Does this application have variances from the Zoning Board of Appeals? Yes Appl. No. Date Is this property adjacent to any bodies of water? es No Are there any wetlands on the property? Yes Nd Are there public water mains in an adjacent street? Yes No Is public water proposed for the subdivision? Yes No Is the majority of the property forestedT Yes No Is any part of the property in active agricultural use? Yes Rio J Is there an existing or proposed sale of development rights on the property? Yes No Is there a mortgage on the property? Yes (No) Does the owner own any adjacent properties? Yes No Are there any building permits currently pending on this property? Yes Signature of Preparer Date >S~ 3 -D a CONSENT March 25, 2002 Suffolk County Department of Health Services Office of Wastewater Management Suffolk County Center Riverhead, New York 11901 Re: Oregon Landing/ Manzi Homes, Inc. SCTM# 1000-83-2-9.1 N/S Oregon Raad, Cutchogue, New York 11935 Frank Swiatocha and Veronica Czebotar, owners of the above referenced property, hereby consent on behalf of the owners, that Manzi Homes, Inc., Hawkins, Webb Jaeger Associates, P.C., or any of their representatives and/or agents, may enter onto the premises for the purposes of surveying and digging test holes (with auger, not with crane or backhoe) and other testing as required to make applications to the Suffolk County Department of Health Services and the Town of Southold Building Department, and matters in connection therewith. We specifically consent to the application for approval of realty subdivision attached hereto. Such testing and other work shall be conducted so as not unduly disturb the property or the farmland, and any such disturbance shall be promptly restored and repaired. Dated: Mattituck, New York March 2~, 2002 ~ _ Frank Swiatocha / Veronica Czebotar Re/consswia s~~.2o 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. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not 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 he assured that the determination process has been orderly, comprehensive in nature, yet Flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part t: 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 Co evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project tL~/J Part/1 ? Part 2 ®Part 3 Upon review oft information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering bo the magnitude and importance of each impact, it is reasonably determined by the lead agency [hat: 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 poshive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions \ ~ t ~ ~ L /tiy1G 1 J1. Name of Action ' 1 So ~-~o ~ 1 r~„ rL . ~ tr ~ \ 1 _ Name of Lead Agency 1 - P^nt or Type Na a of Responsible Officer in Lead Agency Title of Responsible Officer ~ a ature of R ponsible Officer in Lead Agency Signature eparer If dif ele t from resp a ofFCer) v `i website Date Page 1 of 21 ' • PART 1-PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant eff< on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider as part of the application for approval and may be subject to further verification and public review. Provide any additior" 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 invo new studies, research or investigation., Ifinformation requiring such additional work is unavailable, so indicate and spec each instance. - ~ NAME OF ACTION, LOCATION OF ACTION (lncluda Slreel Address, Munlcipallty and Counly) - v~,e> S NAME OF APPUCANTISPONSOR BUSINESS TELEPHONE ~ F f •I ADDRESS ~ ~ - " ' . - Clrl'/PO ~ ~ Byy~,TE LP LADE NAME OF OWNER (If dlNerenq - BUSINESS ELEPHONE l 1 ADDRESS - ~CfTYlPO STATE LP CODE DESCRIPTI6N OF ACTION Y Gam: - ~~~ron_ Sv~s~~~/rl sra~J 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 Olndustrial OCommercial esidential (suburban) ?Rural (non•fl OForest ?Agriculture . OOther 2. Total acreage of project area: ~ - acres.. APPROXIMATE ACREAGE PRESENTLY AFT~~ MPLEau Meadow or Brushland (Non-agricultural) ~ acres forested S 8.S acres d • ~ aca Agricultural (Includes orchards, cropland, pasture, etc.) acres acn Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acr Water Surface Area acres acr Unvegetated (Rock, earth o'r fil'p acres acr Roads, buildings and other paved surfaces acres acr,. Other Etndicate type) LA ~Sc,AOED acres 3 'S3 acr 3. What is predominant soil ty s) on project suet 'S,Di4 SA/~.~ ~ nr~/9•~Z a. Soil drainage: ell drained ~ 96 of site ?Moderately well drained T- 96 of site ?Poorly drained - % of site . - b. If any agricultural land (s involved, how many acres of soil are classified within soil group 1 through 4 of the land Classification Systefnl" acres. (See 1 NYCRR~37~0) ~ 4. Are there bedrock outcroppings on project suet OYes L9No a. Wbat Is depth to bedrockt (In feet) 2 • ' S. Approximate pe,rc.entage of proposed project site with slopes-. L~JO.1 q~ '0 ,~%j ~ ?10.15°h yy ' _ ~or greater __.71_.:5._ % 6. Is project substantially contiguous to, or con m a building, site, or district, listed on the State or the National Registers of y)s.toric Places?.'. ?Yes o 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarksi ?Yes SNo 8. What is the depth of the water tables ~'F (in feet) 9: Is site located over a primary, principal, or sole source aquifers• es ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project areas OYes ONo 11. Does project site c ain any species o/ plant. or animal life that is identified as threatened or endangeredt OYes ~ According to Identify. each species 12. Are there any uniquy°r unusual~larid forms on the project sites (i.e., cliffs; dunes, other geological formations)- OYes G?No Describe 13. Is the project site~~esently used by the community or neighborhood as an open space or recreation area? OYes QNo If yes,. explain 14. Ones the present~si~mciude scenic views known to be important to the community? ?Yes taNo /n~ 15. Streams within or contiguous to project area: A/~Ip' a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds; wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? es ?No a) If Yes, does sufficient capacity exist to allow fonnectionfi es ON~o~ b) If. Yes, will improvements, be necessary to allow connections ?Yes HNo 18. Is the site located in an agricultural strict certified .pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 3046 OYes ®No 19. Is the site located in or substantially contiguo~us~a Critical Environmental Area designated pursuant to Article 8 of the ECL, and b NYCRR 6171 Yes HNo ' 20. Has the site ever been used for the disposal of solid or hazardous wastes? Yes BFIo B. Protect Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor a~ acres. .b.. Project acreage to be developed: yO ~ acres initially; 'zl ~ 'E acres ultimately. c. Project acreage to remain unde"v~e~l~oped acres. d. Length of. project, in miles: ~ (If appropriate) e. 'If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing • proposed , g. Maximum vehicular trips generated per hour • (upon completion of projectH . . h. If residentiaL• Number grid type of housing units: Ones Two Family Multiple Family Condominium Initially Ultimately I, Dimensions (in feeU of largest proposed structure _.,2~. height: width; ~14v length. 1. Linear feet of frontage along a.pubiic thoroughfare project will occupy ist ,~S~L ft. ~ 2. How much natural material (i.e., rock, e_arth~, etc.) will be removed from the site? ~ tons/cubic yards 3. Will disturbed areas be reclaimed? B'fes ?No ?NIA - a. If yes, for what intended purpose is the site being r~e laimedi ~A~t/CSu9G~n¢ b. Will topsoil be stockpiled for reclamation? L71'es ~ ?~No c. Will upper subsoil be stockpiled for reclamation? f3'Yes ?No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removedirom site? f~ 3-o acres. 5. Will any mature f~t (over 100 years old) or other locally-important vegetation be removed by this project? OYes BNo 6. If single phase project: Anticipated period of construction l.~ months, (including demolition). _ 7. If multi-phased: , a. Total number of phases, anticipated (number). b. Anticipated date of commehciinent phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? OYes ?No 8. Will blasting occur during construction? OYes [Flo 9. Number of jobs generated: during"construction ~2.-; after project is complete 10. Number of jobs eliminated by this project - 11. Will project require relocation of any projects or facilities? ?Yes ~No If yes, explain 12. Is surface liquid waste disposal involved? ?Yes ~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharg~ed~ 13. Is subsurface liquid waste disposal involved? OYes iJNo Type ~ ~ 14. Will surface area of an existing water body Increase or decrease by proposal? OYes lr~tQo - Explain 15. Is project or any portion of project located in a 100 y~ea/r jJood plain? ?Yes o 16. Will the project generate solid waste? OYes LdNo a. if yes,•what is theamount per month tons b. If yes, will an existing~solfd waste facility 6e used? ?Yes ?No G If yes,. give name ;location d. Will any wastes not-go into a sewage disposal system or into a sanitary IandfllH . OYes ONo e. If Yes, explain - 17. Will the project invo(ve.the disposal of solid waste?, ?Yes IdNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? _yea~rs. 18. Will project use herbicides or pesticides? OYes UiQo 19. Will project routinely produce odors (more than one hour per day)t OYes (aNo 20. Will project produce operating noise exceeding the loc/~al ambient noise levels? ?Yes I~rvo 21. Will project result in an increase in energy .use? (3Yes ?No If yes., indicate type(s) ~~-az-~`u 22. If water supply is from. wells, indicate pumping capacity. ~ ~0 gallonslminute. 23. Total anticipated water usage per day ~ gallons/day. , 24. Dces project involve Local, State or Federal funding? OYes f~iVo . If Yes, explain - 4 a ~ 25. Approvals Required: Submittal Type Dale .City, Town, Village Board . , Yes ,ONo SU.BO/l1l5! City, Town, Village Planning Board . des ?No ~ / /+4/`/ City, Town Zoning Board l~//f es ?No... ?~U$Pa/?!5/a/~1 City, County Health Department Yes ??No ~A/Yiz` 5 S' Other Local Agencies OYes C/--Jt//lo Other Regional Agencies. ! OYes l.3No ~ s' State Agencies iJyes ~O,N//o y EU Federal Agencies ?Yes tarvo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? t3Yes ?No !f Yes, indicate decision required: Ozoning amendment `Ozoningvariance Ospedai use permit ubdivision Osite plan ?newirevision of master plan ?resource management plan Oother 2. What is .the zoning classificatioMs)of the site? e 3. What is the maximum potential development of the site if developed as .permitted by the present zoning? 1ZJ .,~rln: S 4:..Wh_at is the proposed zoning'of'.the site? S'~~ F 5. ':What is the maximum potential development of the site if developed as permitted by the proposed zoning? Soo//7E 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? i`d'les ?P 7. What are the predominant land use(s) and zoning classifications within a r/ mile radius of proposed action? . . taut _ , e. Is the proposed action compatible with adjoininglsurrounding land uses within a mile? es OP 9. If the proposed action is the subdivision of landr flow many lots are proposed?. a. What is the minimum lot size proposed? /8 3a A a/dE~ 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes O(` it. Will the proposed action create a demand for any community provided services (rec ation, education, polic fire protection)? OYes ONo a. If yes, is existing capacity sufficient'to handle projected demandT ei ONo / 12. WFII the. proposed action result in the generation of traffic significantly above present levels? OYes pN a. 1f yes, is the existing road network adequate to handle the additional trafFict OYes ?No D, Informational Details . Attach any additional information as may be needed to clarify your project. If there are or may be any adver . impacts associated with your proposal, please discuss such impactr and the measures which you propose to mitigate avoid them. , E Verification I certify that the inform~a..~tion provided above pis true to the best of my knowledge. Applicant/Sponsor Name V er~'FiQc+~ T pu f"L~,~, E • Date ~i - D 7' Signature Title F~a If the action is in the Coastal Area; xnd-you are a state agency, complete the Coastal Assessment form before proceeds with this aaettment. • Town Of Southold • P.O Box 1179 IIVJJ " Southold, NY 11971 ***RECEIPT*** Date: 08/12/05 Receipl#: 23268 Transaction(s): Reference Subtotal 1 1 Application Fees 83-2-9.1 $9,854.70 Check: 23268 Total Paid: $9,854.70 Name: Oregon, Landing Clerk lD: LINDAC Internal ID: 83-2-9.1 ~ • • • MAILING ADDRESS: PLANNING BOARD MEMBERS a0F SDU~b, P.O. Box 1179 JERILYN B. WOODHOUSE 0~ 7Q Southold, NY 11971 Chair `D OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 MARTIN H. SIDOR ~ (cor. Main Rd. & Youngs Ave.) GEORGE D. SOLOMON Ii~COU~'~,~ Southold, NY Telephone: 631 765-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk AUo ~ 2005 From: Planning Department Southold iowR Clerk Date: August 12, 2005 Re: Check s Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. \ Pro'ect Name Pro'ect T e SCTM # Amount Check # Ore on Landin I Stand. Sub. 83-2-9.1 $9,854.70 23268 Admin. Fee enc(s). • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B. WOODHOUSE ~~OF SOUryO//-- Southold, NY 11971 Chair ~o OFFICE LOCATION: WILLIAM J. CREMERS ~ ~ Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 MARTIN H. SIDOR ~ ~ ~0 (cor. Main Rd. & Youngs Ave.) GEORGE D. SOLOMON Ii~COU'M'~~ Southold, NY R 1 1 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: August 12, 2005 Re: Check s Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Pro'ect Name Pro'ect T e SCTM # Amount Check # Ore on Landin I Stand. Sub. 83-2-9.1 $9,854.70 23268 Admin. Fee 23268 MANZI HOMES, INC. , P,O. BOX 702 ROCKY POINT, NY 11778 \^n DATE (y C ORDEq OF `s TO THE J (~i.L~~ UV~IiO ~ ~ "I 8 J~ IUIN~ y~ovsu-~ ~~4, ~Iurtd~e~d ~i-~~~vw ~-~uv ' my DOLLARS 8 '11iE BUFFOLX COUNTY NATIONAL BANX ~ xour[xSn. sHOU[HnM q.nzn. s„ox[r,nm. rv[w vowx ~r~ I,~ II'023268u•-+:02i405464~: i2i 00 840 311' Town Of Southold ' • P.O Box 1179 • Southold, NY 11971 ***RECEIPT*** Date: 05/05/05 Receipt: 23007 Transaction(s): Reference Subtotal 1 1 Park & Playground 83-2-9.1 $20,000.00 Check#: 23007 Total Paid: $20,000.00 i Name: Manzi, Homes Inc P O Box 702 Rocky Point, NY 11778 Clerk ID: LINDAC Internal ID: 83-2-9.1 ^ • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of ~QUjyO SouthOold ~NY 11971 JERILYN B. WOODHOUSE Chair OFFICE LOCATION: WILLL9M J. CREMERS u+ ~c Town Hall Annex KENNETH L. EDWARDS G ~ ~O 54375 State Route 25 MARTIN H. SIDOR '~Ol~ ~ (cor. Main Rd. & Youngs Ave.) GEORGE D. SOLOMON ~iQUM`{ ~ Southold, NY Telephone: 631 765-1938 Fas: 831 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED NAY 5 2005 To: Elizabeth Neville, Town Clerk Southold Town Clerk From: Planning Department Date: May 4, 2005 Re: Check s Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Pro'ect Name Pro'ect T e SCTM # Amount Check # Ore on Landin I Standard Sub. 83-2-9.1 $20,000.00 23007 P&PFee enc(s). • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of SO(/jyo Southold,oNY 1 971 JERILYN B. WOODHOUSE Chair OFFICE LOCATION: WD,LL4M J. CREMERS N ~ Town Hall Annex KENNETH L. EDWARDS G ~ ~O 54375 State Route 25 MARTIN H. SIDOR ~`Ol~ ~ (cor. Main Rd. & Younga Ave.) GEORGE D. SOLOMON C~UI\1,i~ Southold, NY Telephone: 631 765-1938 Fax: 631 7Bb-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: May 4, 2005 Re: Check s Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Pro'ect Name Pro'ect T e SGTM # Amount Check # Ore on Landin I Standard Sub. 83-2-9.1 $20,000.00 23007 P&PFee 23007 MAN21 HOMES, INC. P.O. BOX 702 ROCKY POINT, NY 11778 ~ 3 - 0 5 5o-5«z,a ,~y~ C DATE_ ~ TO THE ~ Y { \J ~ V O ~~U~O I OVC~ ' fL~ 4 ~ ! W ~l.Y~OV .JIJ`~ ~ q. d-~.~~~. ( DOLLARS 8 a,~~,(~ ~ q THE 90FFOLA COUNTY NATIONAL BAN% . ° .E ~s.. srvaAEry~~+m ~ac4{i,.•snmono c~CJ.onr FOR 1 KIIA~' N~`W ~U/~ O~_ 9" - - l~ I'~ ~ - if/~~~~=_-~=----_ iw i 2 i 00 840 311 `~~7230 ~ ~:02i405464~: ' Town Of Southold ~ ~ ~ P.O Box 1179 ~ ~ Southold, NY 11971 ***RECEIPT*** Date: 04/28105 Receipt#: 22951 Transaction(s): Reference Subtotal 1 1 Application Fees 83-2-9.1 $500.00 Check#: 22951 Total Paid: $500.00 c. ~ ~ , Name: Manzi, Homes Inc P O Box 702 Rocky Point, NY 11778 Clerk ID: LINDAC Internal ID: 83-2-9.1 . ~ • • MAILING ADDRESS: PLANNING BOARD MEMBERS a0F SO~ry P.O. Box 1179 JERILYN B. WOODHOUSE ~Q~ Southold, NY 11971 Chair OFFICE LOCATION: WILLL4M J. CREMERS N ac Town Hall Annex KENNETH L. EDWARDS G ~ ~p~O 54375 State Route 25 G ORGE D SOLOMON ~OIyC~~n l , (cor. Main Rd. & Youngs Ave.) nip Southold, NY Telephone: 631 76b• 1935 Faz: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RfCE1YED APA 2 7 2005 To: Elizabeth Neville, Town Clerk Soatho{d Town Clerk From: Planning Department Date: April 26, 2005 Re: Check s Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Pro'ect Name Pro'ect T e SCTM # Amount Check # Ore on Landin I Standard Sub. 83-2-9.1 $500.00 22951 Final Plat A I. Fee enc(s). , • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~pF SO(/j~o South 1d,oNY 11971 JERILYN B. WOODHOUSE l~ Chair OFFICE LOCATION: WILLIAM J. CREMERS N ~e Town Hall Annex KENNETH L. EDWARDS ~ ~ a~O 54375 State Route 25 GEORGEI D SO OMON O~~COUuN t~~` (cor. Mai~R h& d Iou~ngs Ave.) 11 ~ ~ Telephone: 831 785-1938 Fax: 831 78b-3138 PLANNING BOARD OFFICE TOWN OF 50UTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: April 26, 2005 Re: Check s Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Pro'ect Name Pro'ect T e SCTM # Amount Gheck # Ore on Landin I Standard Sub. 83-2-9.1 $500.00 22951 Final Plat A I. Fee 22951 MANZI HOMES, INC. P.O. BOX 702 ROCKY POINT, NV 17778 ,y/' 50'546/214 DATE 1 - PpAY y/~ ~ ^ ~ 's, F ~o`RDEE OF Ti~t,y ~l V! U "WW ~ ~~W ~W i ' i _ m,~+. L~~" ~ O~~ LLARS 8 THB SUFFOLK COUNTY NATIONAL BANK ~ aour s.. sripn[rnm c~4u.sNOncrnw. rvEw voan ~~~aa Oi~~o LFliiv~ _ FOR ~UCg, O+~ ~G Pha,+'f- /OW -53- d -q. I - i1.02295iu"I;02L405464i: l2l 000 40 3n• ' 14136 MANZI HOMES, INC. P.O. BOX 702 ROCKY POINT, NY 11778 O O 50-54fi/214 DATE PAY C ~ `1 1` - OADEAOF ~~~5.~~~ y~~ S c SJ ~CY. ~ ~~~.~q~~ i~ ~~L-L-~ i-F~ OC~~~ STO DOLLARS tJ afi~ THE SUFFOLK COUNTY NATIONAL HANK O RJU*E 25~.SMOREXMM M1IKA •SXOBENI.M. N6W VORX i~)B5 X FOR - _ n'0 14 L 3611• -~~:0 2 L405464~: L 2 L 000840 311• Town Of Southold P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date; 01/30/04 Receipt#: 18249 Transaction(s): Subtotal 1 Application Fees $3,579.00 Check#: 18249 Total Paid: $3,579.00 Name: Manzi, Homes Inc P O Box 702 ~ Rocky Point, NY 11778 Clerk ID: LYNDAB • Internal ID: 88684 ~ * s~,g~ ~gUFFO(,~c JOSHUA Y. HORTON °Gy~ JAMES A. RICHTER, R:A.~j SUPERVISOR ~ ENGINEER TOWN HALL - 53095 MAIN ROAD y. ~ TOWN OF SOOTHOLD, NEW YORK 11971 O ~ Fax. Ise-7es-1366 'jqj~~ ~~p! Tel.tSie>-7e5-is~o OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Jerilyn B. Woodhouse April 28, 2005 Chairperson -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Oregon Landing I -Conservation Subdivision Oregon Road, Cutchogue SCTM 1000-83-09-2.1 Dear Mrs. Woodhouse: , As per a request from your office, I have reviewed the Final Map site-plan and the proposed Bond Estimate, dated 3/22/05,that have been submitted by the applicant for the above referenced project. I have also reviewed the Street and Drainage Pra'file map Dated August, 2004. The enclosed documents were prepared bythe office of Hawkins, Webb, JaegerAssociate, and P.C. and have been certified by Jeffery T. Butler, PE. Please consider the following: 1. Section A-108-15 of the Highway Specifications allows for a sixteen (16') foot wide road pavement section and a minimum right-of-way width of fifty (50') feet when the overall site is developed with a density of five acres or more for a minimum of five lots created. This site plan indicates afive-lot subdivision with atwenty-five (25') foot wide right-of-way. Since this road will actually service only four building lots and one open farm lot, this is considered satisfactory. (Please note that the Town Board is currently considering a code modification that would also allow the Planning Board to accept a 25 foot wide ROW with more than 4 lots when conservation subdivision requirements are met.) 2. Section A-108-11 of the highway specifications requires a 100' x 100' turnaround area at the end of roads that service five or more lots. The road in this five-lot subdivision will actually serve only four building lots and one (17 Acre) farm lot. Therefore, the circular Right-of-Way proposed and the "Tee" shaped section of road shown at the terminus will be considered satisfactory. 3. The pavement detail and road section shown on the map indicate conflicting construction specifications. The approved pavement specification indicated by drawing 15-3 of the highway spec. is 2.5" of Base Course Asphalt on 4" RCA or Blue Stone Blend over a compacted sub- grade. This item should be modified. 4. Street Trees have been indicated on the map. There is approximately 2,018 L.F. of road proposed for construction. Trees on each side of the road, using a 40' spacing, would require 101 Trees. This item quantity will be indicated in the revised bond estimate. Due to the nature of the subdivision design criteria for conservation subdivisions, it is recommended that the Planning Board should determine if the landscaping, as proposed, is satisfactory. Page 1 of 2 Jerilyn B. Woodhouse April 28, 2005 Re: Oregon Landing I -Conservation Subdivision SCTM 1000-83-09-2.1 Page 2 of 2 5. Will the Planning Board require Street Lights? I have included this item on the Bond Estimate. If the Planning Board does not require Street Lights the enclosed estimate should be revised accordingly. 6. Drainage calculations have been provided and the drainage design, as proposed, meets the minimum requirements of the Town Code. 7. Catch basin # 1 has been indicated with an elevation of 63.75. The existing centerline of Oregon Road is noted as elevation 63.50. This catch basin should be lowered or the road & shoulder profile between the basin and the Town road should be elevated with a vertical curve to prevent runoff generated by the development from entering Oregon Road. I have modified the Bond Estimate submitted by the developer and have enclosed a copyforyour use. In addition, please note that the proposed disturbance resulting from construction activities and grading of this site will be greater than one (1) acre in area. [this would include the new roadway and drainage areas as well as the proposed individual building envelopes.] This project will require coverage from NYS Department of Environmental Protection (DEC) underthe Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must obtain coverage under the General Permit for Storm-water Runoff from Construction Activity (GP-02-01) prior to the initiation of construction activities. If you have any questions regarding this review, please contact my office. Si rely, mes A. Richter, R.A. ENC: (1) cc: Peter Harris, Superintendent of Highways ~gOFFO(,~c JOSHUA Y. HORTON ~ °~s~ JAMES A. RICHTER, R.A. SUPERVISOR ara ENGINEER TOWN HALL - 53095 MAIN ROAD ~y • ~ TOWN Of SOUTIIOLD, NEW YORK 11971 Fax. (516) - 765 - 9015 ~ Tel. (516) -765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE OREGON LANDING I OREGON ROAD, CUTCHOGUE, TOWN OF SOUTHOLD SCTM#1000-83-09-2.1 DATE April 27, 2005 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 3.8 ACRE CLEARING & GRUBBING $ 4,000.00 $ 15,200.00 2. 2,050 C.Y. ROUGH GRADING /SOIL STABALIZATION UNCLASSIFIED EXCAVATION $ 3.00 6,150.00 DRAINAGE 3. 7 EACH CAST IRON INLET GRATE & FRAME 500.00 3,500.00 4. 6 V.F. 8' DIAMETER LEACHING POOL 250.00 1,500.00 5. 80 V.F. 10' DIAMETER LEACHING POOL 300.00 24,000.00 6. 7,300 S.Y. FINE GRADING 1.50 10,950.00 SURFACING 7. 397 C.Y. '/d' STONE BLEND or R C A 40.00 15,880.00 8. 498 TONS 2.5" ASPHALT BINDER COURSE 60.00 29,880.00 9. 3 EACH STREET LIGHTS 2,000.00 6,OOQ00 10. 1,987 S.Y. TOPSOIL & SEED 5.00 9,935.00 11. 3 EACH STREET SIGNS 200.00 600.00 12. 101 EACH STREET TREES 200.00 20,200.00 13. 2 EACH FIRE WELL 15,000.00 30,000.00 14. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2,000.00 BOND ESTIMATE TOTAL $ 175,795.00 6% ADMINISTRATION FEE $ 10,547.70 ~ ~ s~~~ i ti~ THIS DECLARATION made by Richard Manzi as Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000, this _ day of , 2004, residing at 5 Shelly Lane, Mount Sinai, New York 11766, as to a 75% undivided interest, and Villa Amorosa, LLC, with offices located at 144 Lawrence Park terrace, Bronxville, New York 10708, as to a undivided 25% interest, herein after referred to as DECLARANTS, as owners of premises described in Schedule "A" annexed hereto (hereinafter referred to as PREMISES) desired to restrict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct, approval of plans or approval of a Major Cluster Subdivision or development on the PREMISES. 2. As a condition of approval by the TOWN of the subdivision or development application, the DECLARANTS covenant as follows: a. that there shall be 50' buffer "set back fro the top of Bluff' said buffer to be undisturbed with the expectation of the removal of dead or noxious vegetation, and within the 50' buffer dead trees and cherry trees smaller than 5" can be removed by hand, re-vegetate understory with low bush blueberry, ink berry and bayberry. Existing trees may be manually pruned and trimmed as necessary. Grading within 50' buffer is prohibited; and b. that no clearing of said 50` buffer, with the expectation of the removal of dead or noxious vegetation, shall take place without the approval of the TOWN Planning Board; and c. that their successors and/or assigns, must submit an erosion control and re- vegetation plan to the TOWN Planning Department when seeking the aforementioned approval; and d. that newly planted areas as noted on the plat shall survive for a period of two (2) years following the release of bond; and e. that no storm water resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner; and f. that no new- residential structure or sanitary facility shall be constructed or otherwise located within 100 ft. landward of the top of bluff, and g. that the future subdivision of parcel 5 is prohibited; and b. that on areas of the bluff that have exposed soil, beach grass (Ammophilia Breviligulata) shall be planted prior to the release of the performance guarantee and that said beach grass shall survive for a period of five (5) years; and i. that prior to the final approval of this major cluster subdivision DECLARANTS shall provide a signed written statement addressed to the Flanning Board that states "the creation of this subdivision in no way commits either the Town of Southold or the County of Suffolk to any program to protect this property from bluff and shoreline erosion through the construction of engineering or other works; and j. that prior to any construction activity, DECLARANTS shall secure a General Permit for Storm-water Runoff from Construction Activity (GP-02-O1) administered by the New York State Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program; and k. no stairways, stairs or other structures shall be installed which allow access to the beach from Lots 2, 3 & 4; and 1. no structures shall be proposed or permitted within 100 feet from the top of the bluff line without a grading plan approved by the Office of the Town Engineer and the Planning Board and all appropriate permits; and This subdivision is subject to the Article XXIl, farmland Bill of Rights (Added 5- 27-1997 by L.L. No. 1 ] -1997) Section 100-220. Right to Farm of the Town of Southold Town Code. 3. The DECLARANTS their successors and/or assigns shall set forth these covenants, agreements and declarations in ant and all leases to occupants, tenants and/or lessees of the above-described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANTS, their successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be in addition to and not in derogation of limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding on the DECLARANTS, their successors and assigns, and upon all persons or entities claiming under them. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Richard Manzi, as Trustee Villa Amorosa, LLC By: Kevin B. Faga THIS DECLARATION made by Richard Manzi as Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000, this day of 2004, residing at 5 Shelly Lane, Mount Sinai, New York 11766, as to a 75% undivided interest, and Villa Amorosa, LLC, with offices located at 144 Lawrence Park terrace, Bronxville, New York 10708, as to a undivided 25% interest, herein after referred to as DECLARANTS, as owners of premises described in Schedule "A" annexed hereto (hereinafter referred to as PREMISES) desired to restrict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct, approval of plans or approval of a Major Cluster Subdivision or development on the PREMISES. 2. As a condition of approval by the TOWN of the subdivision or development application, the DECLARANTS covenant as follows: a. that there shall be 50' buffer "set back fro the top of B1ufP' said buffer to be undisturbed with the expectation of the removal of dead or noxious vegetation, and within the 50' buffer dead trees and cherry trees smaller than 5" can be removed by hand, re-vegetate understory with low bush blueberry, ink berry and bayberry. Existing trees may be manually pruned and trimmed as necessary. Grading within 50' buffer is prohibited; and b. that no clearing of said 50` buffer, with the expectation of the removal of dead or noxious vegetation, shall take place without the approval of the TOWN Planning Board; and e. that their successors and/or assigns, must submit an erosion control and re- vegetation plan to the TOWN Planning Department when seeking the aforementioned approval; and d. that newly planted areas as noted on the plat shall survive for a period of two (2) years following the release of bond; and e. that no storm water resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner; and f. that no new- residential structure or sanitary facility shall be constructed or otherwise located within 100 ft. landward of the top of bluff, and g. that the future subdivision of parcel 5 is prohibited; and h. that on areas of the bluff that have exposed soil, beach grass (Ammophilia Breviligulata) shall be planted prior to the release of the performance guarantee and that said beach grass shall survive for a period of five (5) years; and i. that prior to the final approval of this major cluster subdivision DECLARANTS shall provide a signed written statement addressed to the Planning Board that states "the creation of this subdivision in no way commits either the Town of Southold or the County of Suffolk to any program to protect this property from bluff and shoreline erosion through the construction of engineering or other works; and j. that prior to any construction activity, DECLARANTS shall secure a General Permit for Storm-water Runoff from Construction Activity (GP-02-O1) administered by the New York State Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program; and k. no stairways, stairs or other structures shall be installed which allow access to the beach from Lots 2, 3 & 4; and 1. no structures shall be proposed or permitted within 100 feet from the top of the bluff line without a grading plan approved by the Office of the Town Engineer and the Planning Board and all appropriate permits; and This subdivision is subject to the Article XXII, farmland Bill of Rights (Added 5- 27-] 997 by L.L. No. 11-1997) Section 100-220. Right to Farm of the Town of Southold Town Code. 3. The DECLARANTS their successors and/or assigns shall set forth these covenants, agreements and declarations in ant and all leases to occupants, tenants and/or lessees of the above-described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANTS, their successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be in addition to and not in derogation of limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding on the DECLARANTS, their successors and assigns, and upon all persons or entities claiming under them. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Richard Manzi, as Trustee Villa Amorosa, LLC By: Kevin B. Faga CROSS EASEMENT THIS AGREEMENT made this day of , 2004, by Richard Manzi as trustee of the Joseph G. Manzi Irrevocable Trust dated March 28, 2000 as to a undivided 75% interest and Villa Amorosa, LLC residing at 5 Shelly Lane, Mount Sinai, New York 11766 and 144 Lawrence Park Terrace, Bronxville, New York 10708, hereinafter referred to as OWNERS: WITNESSETH: That for and in consideration of ONE and 00/100 ($1.00) DOLLAR, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: The OWNERS, named herein, Owners of a parcel more particularly described in Schedule "A" and specifically known as SCTM # 1000-083.00-02.00- 009.001, desiring to effect a Major Cluster Subdivision, hereby grant to each parcel, their successors and assigns, guests and invitees, a perpetual easement and right of way for the ingress and egress, for gas, electric, cable TV, telephone, water mains and lines, and any and all utilities under and through the right-of- way, as described in Schedule "B" the subject premises for lots 1, 2, 3 and 4, of a Major Cluster Subdivision map of Oregon Road, located in Cutchogue, New York, said lots lying and being in the Town of Southold, County of Suffolk and State of New York, said easement and right-of-way is more particularly described in Schedule "B" attached hereto and make a part hereof. Further, a ten foot (10') wide easement shall extend through the subject parcel to the Long Island Sound, said easement is more particularly described in Schedule "C" attached hereto and make a part hereof. Moreover, the installation of stairs, stairways or any other structure proposed to access the beach from lots 2, 3 and 4 that be prohibited, as access to the beach shall be limited to a single structure contained within the aforementioned 10 ft. wide easement on Lot 1, which shall serve the residents of the entire subdivision. That OWNERS, their successors and assigns, guests and invitees, take the premises subject to the above described easements and rights-of-way and rights of others along said rights-of-way. That this grant and easement shall, at all times, be deemed to be a continuing covenants running with the land and shall be binding upon the heirs, successors and/or assigns of the parties herein. It shall be the obligation of the then OWNERS of the subject parcel, their heirs, successors and/ or assigns, to repair and/or maintain the said easement area. Each property owner shall be required to pay a 25% share of said maintenance and repair cost. In addition, the lot owners, their heirs, successors and/or assigns shall be equally responsible for the clearing of snow and maintenance of the easement and right-of-way, including but not limited to the maintenance of grass, trees, and bushes, if any. Upon its full execution by the parties herein named, this document shall be recorded in the Suffolk County Clerk's Office, and upon said recording, this Cross Easement shall be fully enforceable by the Town of Southold. IN WITNESS WHEREOF, the parties hereto have caused their hands to be hereinto fixed, and those presents to be signed as of the day and year first above written. Richard Manzi, As Trustee Kevin Faga, Member SCHEDULE A Metes and Bounds Description Of the Major Cluster Subdivision Map of Oregon Landing Situate in the 'Gown of Southold, County Of Su££oik, New York Suffolk County tax map # 1000-83-2- 9.1 Beginning at a point on the Northwesterly side o£ Oregon Road at the Southeasterly corner of the land division Map of Oregon Landzng; running thence Southwesterly Crom said point of beginning along the Northwesterly side of Oregon Road S 61° 26' 00" W 466.30'to land now or £ormerly o£ Swiatocha; running tkzence Northwesterly and Southwesterly along said land now or formerly of Swiatocha N 48° 53' 00" W 484.00' and S 61° 26' 00" W 180.00' tc land now or formerly of the County of Suffolk and Steele; running thence Northwesterly along said Iand o£ Swiatocha and Steele as well as along Lands now or formerly of Solirxger N 48° 53' 00" W 1,5].6.00' to the Long Island Sound; running thence Easterly along the Long Island Sound N 71° 26' 42" E 742' to land now or formerly of Blados and Shalvey; running thence Southeasterly along said. land oFBlados and Shalvey S 47° 49' 00" E 1,850.00' to the Northwesterly side a£ Oregon Road and the point or place of beginning, containing within said bounds 25.79 acres. SCHEDULE B Metes and Bounds Description Of the 25 toot wide right of way Over the Major Cluster Subdivision Map of Oregon Landing Situate in the Town of Southold, County Of Suffolk, New fork Suffolk County tax map # 1000-83-2-P/O 9.1 Beginning at a point on the Northwesterly side of Oregon Road at the Southeasterly corner of the Major Cluster Subdivision Map of Oregon Landing; running thence Southwesterly from said point of beginning along the Northwesterly side of Oregon F2oad 5 61 ° 26' 00" W 26.48' to Parcel 5 on the Major Cluster Subdivision Map of Oregon Landing; running thence Northwesterly and Westerly through said lot 5 the following three (3) courses and distances: 1) N 47° 49' 00" W 1,289.11' ' 2) Along a curve to the left having a radius of 50.00' and a length of 53.00' 3J S 71° 26' 42" W 482.7T to the cul de sac of this right of way; running thence in a clockwise fashion around the cul de sac of this 25 foot right of vvay along a curve to the left having a radius of 20.00' and a length of 32.85' and along a curve to Lhe right having a radius of 50.00' and a length of 239.19' to Parcel 1 on the Major Cluster Subdivision Map of Oregon Landing; running thence Easterly along said Parcel 1 and along parcels 2, 3 and 4 on the Major Cluster Subdivision Map of Oregon Landing N 71° 26' 42" E 596.54' to land now or formerly of Blados and Shalvey; running thence Southeasterly along said land of Blados and Shalvey S 47° 49' 00" E 1,341.79' to the Northwesterly side of Oregon Road and the point nr place of beginning, containing within said bounds 1.27 acres. SCHEDCrLE C Metes and Sounds Description Of the 10' wide easement to Long Island Sound Over Parcels 5 and 1 on the Major Cluster Subdivision Map of Oregon Landing Situate in the Town of Southold, County Of Suffolk, New York Suffolk County tax map # 1000-83-2-P/ O 9.1 Beginning at a point nn Parcel s of the Majoz Subdivision Map of Oregon Landing on the cul de sac of the 25' right of way serving same the following six (6) courses and d'zstances from the Northwesterly side of Oregon Road: 1) S 61° 26' 00" W 26.48' as measured along the Northwesterly side of Oregon. Road from the Southeasterly cornet of the Majoz Cluster Subdivision Map of Oregon Landing 2) N 47° 49' 00" W 1,289.11' 3) Along a curve to the left having a radius of 50.00' and a length of 53.00' 4) S 71° 26' 42" W 482.77' to the cul de sac of this right of way; 5} running thence in a clockwise fashion around the eul de sac of this 25 foot right of way along a curve to the left having a radius of 20.00' and a length of 32.85' and 6) along a curve to the right having a radius of 50.OD' and a length of 207.02' to the point of beginning; Running thence Westerly through parcel 5 on tYze Major Cluster Subdivision Map of Oregon Landing S 71° 26' 42" W 98.74'to land now or formerly of Solingen; running thence Northwesterly along said land of Solingen N 48° 53' 00° W 525.24' to the Long Island Sound; running thence Easterly along the Long Island Sound N 71° 26' 42" > 11.59' to a point; mm~ing thence Southeasterly and Northeasterly through Parcel 1 on the Major Cluster Subdivision Map of Oregon Landing S 48° 53' 00° E 513.66' and N 71° 26' 42" E 123.00' to tk~e cul de sac of tl~e 25' right of way on the Major Cluster Subdivision Map of Oregon Landing; runzvng thence gexierally Southwesterly slang said cul de sac in a counter clockwise fashion along a curve to the left having a radius of 50.00' and length of 32.18' to the point or place of beginning, containing within said bounds 6,249 square feet. CROSS EASEMENT THIS AGREEMENT made this day of , 2004, by Richard Manzi as trustee of the Joseph G. Manzi Irrevocable Trust dated March 28, 2000 as to a undivided 75% interest and Villa Amorosa, LLC residing at 5 Shelly Lane, Mount Sinai, New York 11766 and 144 Lawrence Park Terrace, Bronxville, New York 10708, hereinafter referred to as OWNERS: WITNESSETH: That for and in consideration of ONE and 00/100 ($1.00) DOLLAR, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: The OWNERS, named herein, Owners of a parcel more particularly described in Schedule "A" and specifically known as SCTM # 1000-083.00-02.00- 009.001, desiring to effect a Major Cluster Subdivision, hereby grant to each parcel, their successors and assigns, guests and invitees, a perpetual easement and right of way for the ingress and egress, for gas, electric, cable TV, telephone, water mains and lines, and any and all utilities under and through the right-of- way, as described in Schedule "B" the subject premises for lots 1, 2, 3 and 4, of a Major Cluster Subdivision map of Oregon Road, located in Cutchogue, New York, said lots lying and being in the Town of Southold, County of Suffolk and State of New York, said easement and right-of-way is more particularly described in Schedule "B" attached hereto and make a part hereof. Further, a ten foot (10') wide easement shall extend through the subject parcel to the Long Island Sound, said easement is more particularly described in Schedule "C" attached hereto and make a part hereof. Moreover, the installation of stairs, stairways or any other structure proposed to access the beach from lots 2, 3 and 4 that be prohibited, as access to the beach shall be limited to a single structure contained within the aforementioned 10 ft. wide easement on Lot 1, which shall serve the residents of the entire subdivision. That OWNERS, their successors and assigns, guests and invitees, take the premises subject to the above described easements and rights-of-way and rights of others along said rights-of-way. That this grant and easement shall, at all times, be deemed to be a continuing covenants running with the land and shall be binding upon the heirs, successors andlor assigns of the parties herein. It shall be the obligation of the then OWNERS of the subject parcel, their heirs, successors and/ or assigns, to repair and/or maintain the said easement area. Each property owner shall be required to pay a 25% share of said maintenance and repair cost. In addition, the lot owners, their heirs, successors and/or assigns shall be equally responsible for the clearing of snow and maintenance of the easement and right-of-way, including but not limited to the maintenance of grass, trees, and bushes, if any. Upon its full execution by the parties herein named, this document shall be recorded in the Suffolk County Clerk's Office, and upon said recording, this Cross Easement shall be fully enforceable by the Town of Southold. IN WITNESS WHEREOF, the parties hereto have caused their hands to be hereinto fixed, and those presents to be signed as of the day and year first above written. Richard Manzi, As Trustee Kevin Faga, Member SCHEDULE A Metes and Bounds Description Of the Major Cluster Subdivision Map of Oregon Landing Situate in the 'town of Southold, County Of Su£I'oik, New York Suffolk County tax map ~ 1000-83-2- 9.1 Beginning at a point on the Northwesterly side of Oregon Road at the Southeasterly corner of the land division Map of Oregon Landing; nannin.g thence Southwesterly Iroxxx said point of Beginning along the Northwesterly side of Oregon 12oad S 6l° 26' 00" W 466.30' to land now or formerly of Swiatoeha; running thence Northwesterly and Southwesterly along said land now ar formerly of Swiatocha N 48° 53' 00" W 484.00' and S 6I° 26' 00" W lscl.oo' to land now or formerly of the County of Suffolk and Steele; running thence Northwesterly along said land of Swiatocha and Steele as well as along lands now or formerly of Solznger N 48° 53' 00" W 1,516.00' to the Long Island Sound; running thence Easterly along the Long Island Sound N 71 ° 2b' 42" E 742' to land now or formerly of Blados and Shalvey; running thence Southeasterly along said. land of Blados and Shalvey S 47° 49' 00" E 1,850.00' to the Northwesterly side of Oregon Road and the point or place of beginnitag, containing within said bounds 25.79 acres. SCHEDOLE B Metes and Bounds Aescription Of the 25 foot wide right of way Over the Major Cluster Subdivision Map of Uregon Landing Situate in the '!'own of Southold, County Of Suffolk, New fork Suffolk County tax rnap # 1000-83-2-P/O 9.1 Beginning at a point on the Northwesterly side of Oregon Road at Uae Southeasterly corner of the Major Cluster Subdivision Map of Oregon Landing; running thence Southwesterly from said point of beginning along the Northwesterly side of Oregon f2oad S 61° 26' 00" W 26.48' to Parcel 5 on the Major Cluster Subdivision Map of Oregon Landing; running thence Northwesterly and Westerly through said lot 5 the following three (3) courses and distances: 1) N 47° 49' 00" W 1,289.11' ' 2) Along a curve to the left having a radius of SD.00' and a lengtkx of 53.00' 3) S 71 ° 26' 42" W 482.77' to the cul de sac of this right of way; running thence in a clockwise fashion around the cul de sac of this 25 foot right of way along a curve to the left having a radius of 20,00' and a length of 32.85' and along a curve to the right having a radius of 50.00' and a length of 239.19' to Parcel 1 on the Major Cluster Subdivision Map of Oregon landing; running thence Easterly along said Parcel 1 and along parcels 2, 3 and 4 on the Major Cluster Subdivision Map of Oregon Landing N 71° 26' 42" E 596.54' to land now or formerly of Blados and Shalvey; running thence Southeasterly along said land of Blados and Shalvey S 47° 49' 00" E 1,341.79' to the Northwesterly side of Oregon Road and the point or place of beginning, containing within said bounds 1.27 acres. SCHEDC~LE C Metes and Bounds Description Of the 10' wide easement to Long Island Sound Over Parcels 5 and 1 on the Major Cluster Subdivision Map of Oregon Landing Situate in the Town of Southold, Gounty Of Suffolk, New York Suffolk County tax map # 1000-83-2-P/0 9.1 Beginning at a point on Parcel 5 of the Major Subdivision Map of Oregon Landing on the cul de sac of the 25' right of way serving same the following six (6j courses and distances from the Northwesterly side of Oregon Road: 1) S 61° 26' 00" W 26.48' as measured along the Northwesterly side of Oregon. Road from the Southeasterly corner of the Major Cluster Subdivision Map of Oregon Landing 2) N 47° 49' 00" W 1,289.11' 3) Along a curve to the left having a radius of 50.00' and a length of 53.00' 4) S 71 ° 26' 42" W 482.77' to the cul de sac of this right of way, 5} running thence in a clockwise fashion around the cul de sac of this 25 foot right of way along a curve to the left having a radius of 20.00' and a length of 32.85' and 6) along a curve to the right having a radius of 50.00' and a length of 207.02' to the point of beginning; Running thence Westerly through parcel 5 on the Major Cluster Subdivision Map of Oregon Landing S 71 ° 26' 42" W 98.74' to land now or formerly of Bolinger; running thence Northwesterly along said land of Bolinger N 48° S3' OOp W 525.24' to the Long Island Sound; running thence Easterly along the Long Island Sound N 71° 26' 42" E 11.59' to a point; n~xaning thence Southeasterly and Northeasterly through parcel 1 on the Major Cluster Subdivision Map of Oregon Landing S 48° 53' 00° E 513.66' and N 71 ° 26' 42" E 123.00' to the cul de sac of the 25' right of way on the Major Cluster Subdivision Map of Oregon Landing; running thence generally Southwesterly along said cul do sac in a counter clockwise fashion along a curve to the left having a radius of 50.00' and length of 32.1$' to the point or place of beginning, containing within said bounds 6,249 square feet. ` • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~pf SO(/j~o P.O. Box 1179 JERILYN B. WOODHOUSE hQ l0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS G ~ ,~p~O 54375 State Route 25 GEORGEI D SOLOMON ~~COU'M,a`C.~ (cor. M Sou ho1dYNY g8 Ave.) n I 1 Telephone: 631 766-1938 Fax: 631 76b-3136 PLANNING BOARD OFFICE TO~Cd~ C~ C1iJ~'~1LD Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 9th day of May, 2005 on the question of the following: 6:00 p.m. Proposed cluster standard subdivision Oregon Landing I located n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-2-9.1 6:05 p.m. Proposed amended site plan for Cutchogue Business Center located on the s/w/s/o the intersection of Oregon Road and Cox Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 83-3-4.6 6:10 p.m. Proposed cluster conservation subdivision for Edward Booth located n/o CR 48, w/o Mt. Beulah Avenue and s/o Sound Avenue, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-51-2-7 & 8 Dated: 4/26/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, APRIL 28, 2005 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Traveler/Watchman . • • Page 1 of 1 Randolph, Linda From: Dina Kontokosta [dkontokosta@travelerwatchman.com] Sent: Tuesday, April 26, 2005 9:16 AM To: Randolph, Linda Subject: Re: Legal Ad We received it and it will run in the May 28 issue. Thanks. Original Message From: Randolph,__Lnda To: editorial@travelenva;chman.com Sent: Tuesday, April 26, 2005 9:07 AM Subject: Legal Ad Please print the attached ad in the April 28 edition and send confirmation of receipt as soon as possible. Thank you. Linda Randolph 4/26/05 • MAILING ADDRESS: PLANNING BOARD MEMBE• ~~0~ S~U~yO SouhOold~NY 11971 JERILYN B. WOODHOUSE ~O Chair y_ # OFFICE LOCATION: WILLIAM J. CREMERS H ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~O 54375 State Route 25 MARTIN H. SIDOR ~ (cor. Main Rd. & Youngs Ave.) GEORGE D. SOLOMON C~~~ Southold, NY Telephone: 631 765-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 9th day of May, 2005 on the question of the following: 6:00 p.m. Proposed cluster standard subdivision Oregon Landing I located n/o Oregon Road, 625 feet wlo Bridge Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-2-9.1 6:05 p.m. Proposed amended site plan for Cutchogue Business Center located on the s/w/s/o the intersection of Oregon Road and Cox Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 83-3-4.6 6:10 p.m. Proposed cluster conservation subdivision for Edward Booth located n/o CR 48, wlo Mt. Beulah Avenue and sJo Sound Avenue, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-51-2-7 & 8 Dated: 4/26/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 26th day of April, 2005 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board. Southold Town Hall, 53095 Main Road Southold New York 5/9/05 Regular Meeting: 6:00 p.m. Public Hearing for the proposed cluster standard subdivision for Oregon Landing I SCTM#1000-83-2-9.1 6:05 p.m. Public Hearing for the proposed amended site plan for Cutchogue Business Center SCTM#1000-83-2-9.1 6:10 p.m. Public Hearing for the proposed cluster conservation subdivision for Edward Booth SCTM#1000-51-2-7 & 8 v-.1~~S~C~. Linda andolph Secretary, Southold Town Planning Board Sworn to before me this c`~C.~ day of , 2005. /'~a Notary Public 9ARBARA ANN RUQDER iVotary Publio, Stats of New York No. 4855805 l7ualitled In Suffolk County ';ommisaion Expires April 14, sQSzA It COUNTY OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly sworn, says that she is the Legal Advertising Coordinator, of the 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 Traveler Watchman once each week for.....~.....week(s) successively, commencing on the..... c?~~~'.'....day of ...............P.!?i 200 • C Sworn to before me this.........day of P!I 4iee of 2005. Nb~Cl:15. nf,$na?~ td ec~b>t'~'7~~of ~ L,~tv llnd Arhele of" ~ Code of the Tgwit df Stt it tt~itc h wll1 be het $ply~ytholqq¢ owzl Notary Public Pf ~ ~~l ~ry 1~ 1; In' > ' Souttiiofid New YO1~C qn ~ utiC da}' lif Emily Hamill Meys Ol} t11G c~ne$tllyn Of the NOTARY PUBLIC, State of New York folltSm. C No.01HA5059984 3tandazd $n17d1Vi$Ign Op - Qualified in Suf[olk County Commission expires May 06, 2006 ~ located n/o Otegon R ~ feet''tV/o BiidgeLBne, in " Cut~hd8uh, Town pf Southold, of Suffolk, State of Tde , ~zk. Suffolk Gounty Tax ~ap Nrirti{t~r iQ410- 83-2- .l ~i95 .iYi, sed amended sikepl for`Cl~gue Business Center located an the s1w/s/o the in tion of Oreggon Road and Co~xZBne ih Cutchpgue Tgwn of $puthold; County of J~uffo(k, State of New Yozk. Silffolk- Coun 'l'ax Map Number YD00- 83-3~6 '6:10 p.m. 'lirogosed cluster conservatinp subdivision for Edwazd Bsiatl located it/o CR 4&, w/o Mt. Beulah Avenue and s/o Sound Avenue, in Southold, Town of Southold, County.. of Suffbik, State of New Yoik. Suffolk. bounty Tax Map , Number 1000-512-7 & 8 Dated: 416105 Bl' ORDER OF THE SOUTI-IOLD'I'QWN PLAN- NING BOARD Jerilyn B. Woodhouse C erson 1X 4/28/0 (744j ~ S`~~ ~ M~ Submission Without a Cover Letter Sender: ~ Z,t ~fl~ _..1 Subject: ~~~~y~ ~ ~ ~ 1,~,' ' APR 2 6 205 SCTM#: 1000 - g 3 - ~i , I Date: 6 S Comments: P ~ ~ r Q GIB S C~ C5 - , ~I~b ~ ~vb~c_ s~~ c~P~t S C~ «r~ ~~1 ~ ~F~ ° 3~ - ~6~~ ~ C~S~ ~k~~ ~ ~ S v~~~" W~,~I ~~f~~~;~~t~~~~a,~t; ,art/ ~ ~ ~ ~ti a, , ~"'1 ~ I'u6~;i~ i~/~~i~(i~~~~~ '1ks i SUFFOLK COUNTY WATER AUTHORITY 624 Old Riverhead Road, Westhampton Beach, New York 11978-7407 (631) 288-1034 Fax (631) 288-7937 August 14, 2003 Manzi Homes 701 Route 25A Rocky Point, NY 11788 Attn; John - - Re: 11-03-230-C Dear John; Enclosed please find for your records one fully executed copy of Construction Contract, 11-03-230-C covering the installation of water main on Oregon Road, Cutcllogue. If you have any additional questions please contact our New Construction Department at (631) 288-1034. Our normal business hours are 8:30 a.m. to 5:00 p.m., Monday through Friday. Very truly yours, ( . C~~, ~ Dennls R mer Assistant Manager DRlak enclosure B61Executed ContToC ust Revised 6/03 . ~ ~ • Form 194 Rev.6-98 For Real Estate Developers Authorization No. 11-03-230-C (Fixed Cost) SUFFOLK COUNTY WATER AUTHORITY CONSTRUCTION CONTRACT THIS AGREEMENT between MANZI HOMES, {NC. a domestic corporation having its principal office at 701 Route 25A, Rocky Point, New York 11788, party or parties of the first part hereinafter known as "Developer", and the Suffolk County Water Authority, a public benefit corporation having its principal office at Sunrise Highway, corner of Pond Road, Oakdale, New York, party of the second part hereinafter known as "SCWA". WHEREAS, the Developer desires to secure water and water service at the premises situate at Cutchogue, Suffolk County, New York, and desires an extension of the mains as fol?ows: install approximately two thousand one hundred twelve (2112) feet of main on Cox Lane, and one thousand eight hundred twenty three (1823) feet of main on Oregon Road (North Road). APR 2 3 ZiJl73 ~ ~ • WHEREAS, SCWA is willing to make such extension upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto agree to and with each other as follows: 1. The Developer hereby applies to SCWA for the above extension of its mains. 2. The Developer shall pay to SCWA the sum of One Hundred Sixty Nine Thousand Two Hundred Five Dollars ($169,205.00) in accordance with the following schedule. No money shall be required to be paid upon execution of this contract. The sum of Sixteen Thousand Nine Hundred Twenty One Dollars ($16,921.00} shah be paid upon final approval of the subdivision that is to take service from the pipeline installed hereunder, and the remaining sum of One Hundred Fifty Two Thousand Two Hundred Eighty Four Dollars ($152,284.00) is due and shall be paid with the submission of Developer's site preparation sheet to SCWA. Amounts paid hereunder shall not be subject to any interest charge and shall be applied and disposed of as provided herein. 2A. The contract sum stated in Paragraph 2 includes repaving of the surface of the roads where the pipeline is installed, but does not include, nor will the SCWA be responsible for, repaving of the roads where the balance of the pipeline is constructed in the development. 26. If applicable, SCWA will backfill the trench within the subdivision to the grade of the existing surface. Compaction of the backfill, if required by the local municipality, shall be the responsibility of the Developer. 3. The SCWA will proceed with due diligence to make the said extension. If after completion, the length of the extension along the developed street (s) is less than 95% of the length described above, then the Deve?oper is entitled to a refund equivalent to 95% of the extension distance less the actual footage of main installed, times the average cost per foot with restoration. There will be no refund for installations within the development. 4. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that mains laid or to be laid in said streets shall be and remain the property of the SCWA, its successors and assigns, and that the SCWA retains and shall have the right to extend any main installed by it pursuarit to the terms of this agreement in or to other lands, streets, or avenues. However, if within five years from from the date of contract execution, a newly constructed building takes service from the water main installed under this contract, there shall be a refund available from the installation fees paid from that building. The refund shall be determined by reviewing the projects and calculating the water main extension cost for each project if they were done in geographic order up to a maximum of fifty percent (50%) of the original contract. The refund amout will be the cost calculated for the new project. The refund will be split equally among the customers of record for services that are covered by this contract. If additional projects shall look for a connection to the same main within the five-year period, the previous projects and this one looking for service shah be subject to the same refund procedure. The Developer shall not be entitled to any other refund or repayment. 5. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that this contract or any interest therein, or of any money due or to become due by reason of the terms hereof shall be assignable with the written consent of the SCWA, which consent shall not be unreasonably denied. 6. IT IS SPECIFICALLY AGREED that the performance under this agreement by the SCWA shall not be required or commenced until and unless permanent easement or easements, in writing, in proper form for recording, and acceptable to Counsel for the SCWA, granting the right to construct and maintain water mains in a private street or streets affected by this undertaking, shall have been executed by the proper fee owner thereof, and mortgagees or other lienors, if any, and delivered to the SCWA. 7. IT 1S FURTHER SPECIFICALLY AGREED that performance under this agreement by the SCWA shall not be required or continued when circumstances beyond its control prevent, prohibit, or interfere with such performance. Such circumstances include, but shall not be limited to decays in delivery of materials, weather conditions, strikes or other labor difficulties, causes commonly referred to as "Acts of God", acts or omissions attributable to the Developer and other conditions not reasonably foreseeable. 8. If within two years of the in service date, the SCWA is required to relocate, lower or otherwise move any of the pipelines and appurtenances installed pursuant to this agreement by reason of change in grade or location of the street in which said pipelines have been installed, then and in that event the Developer shall pay to the SCWA the cost of such relocation, lowering or other change upon certification of the cost thereof to the Developer. However, the aforesaid provisions of this Paragraph 8 shall be of no force and effect, if prior to any such change in grade or location of said street, all of the following circumstances obtain: 1) the release of the performance bond, if any, filed by the Developer with the town or other municipality having jurisdiction to require same; and 2) discharge of all obligations from the Developer to said town or other municipality under said bond or otherwise; and 3) the dedication to and due acceptance by said #own or other municipality of such street into and as part of its public highway system; and 4) that such change in grade or location occurred through no cause attributable to Developer. 9. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that if the SCWA is required to relocate any of its facilities, including but not limited to service lines, due to the improper location of other utility facilities within 10 feet, then the Developer shall pay to the SCWA the cost of this relocation. Water service will not be provided until these costs are paid. 10. IT IS FURTHER UNDERSTOOD AND AGREED that the above estimated cost of construction as set forth in Paragraph 2 of this Agreement is based upon the prices in effect pursuant to public bid between SCWA and its various contractors for the calendar year 2002. In the event that (1) the project site is not made ready for main installation as specified by SCWA or (2) in the judgment of SCWA the water main construction cannot be completed by December 1st, or (3) the Developer does not complete payment during the specified year, the SCWA shall have the right to revise the above estimate in accordance with their prevailing contract prices for the year in which the construction is to take place, or upon written request of the Developer the contract deposit shall be refunded less design and construction drawing expense of SCWA and the contract cancelled. IN WITNESS WHEREOF, the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seals to be hereto affixed) this day of N'l /tom 20 MANZI HOMES, INC. (Please print name 8 title of person signing Agreement) SUFFOL COUN ATER AUTHORITY L.S. 7 the i ~ ~'C S~ ~ ~G (See next page for acknowledgments) . • • STATE OF NEW YORK } }SS.: COUNTY OF SUFFOLK } On the _ f~~ day of m~`~ , in the year 2003, before me, the undersigned, a Notary Public in nd for said state, personally appeared 6~ ~ personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of ; which the individual acted, executed the instrument. Notary Public STEVEN E.LOSOUADAO Notary PuNlo. 20LO5076843York STATE OF NEW YORK } Feg. Qualified in Suftolk Cli 28ry~ }SS.: Commisslon Expires Ap COUNTY OF SUFFOLK } On the day of , In the year 2003, before me, the undersigned, a Notary P blic in and fUr said state, personally appeared ..Q.AQ4.~hu~v1 personalty known to me or proved to me on the basis satisfactory evid ce to be the individual whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 1 1 ~~w-P~t ~~L ' w~ Notary Public 60NNA MARIE MANCU50 NOTARY PUBLIC, State of New Yori~ No.01MA4988471 Qualified m Suffolk Gouaty ~ Commission Ezpues November 12. ~~5 j 1 i 4 i I p 1 f E I Y. M .r-~ • s' ~t .Oat-.. a ,i~ 1R/~sln 41 IIoo C L ~ F F O R ~ CLIFFORD CHANGE US LLP ~J, 1 Ci H A N C E 31 WEST 52ND STREET NEW VORK NY 10019 8131 , TEL +1 212 878 8000 FAX +1 212 878 0375 ww w.clillo rdchance.com Kevin O'Mara Partner DIRECT TEL +1 212 878 3285 DIRECT FAX *1 212 878 8375 kevi n.omara@cliffordcha nce.com April 13, 2005 Southold Town Planning Board Southold Town Hall P.O. Box 1179 Southold, NY 11971-0959 Re: "Oregon Landing" subdivision ~ ' Ladies and Gentlemen: Manzi Homes' proposed "Oregon Landing" subdivision is directly adjacent to our property. While we have not yet received any formal notification from the Town regarding this proposed subdivision, we have been following it with keen interest. I have recently learned S~om Mark Terry that there is a proposal to plant trees and to install streetlights for the entire length of the proposed new Manzi road, which will run directly adjacent to ours. I understand that this is part of the Town's subdivision code. If you remember, we were granted an exemption from these two requirements for our road, due to the nature of Oregon Road and the surrounding open fields. We felt then, and continue to feel, that imposing the standard subdivision rules is directly contrary to the look and feel of Oregon Road. We thought that the Planning Board agreed. Most of Oregon Road has no sheet lights, and a long row of trees will block the open vistas that everyone enjoys as they drive or bike down Oregon Road. The legislative goal of the Planning Board is to limit the impact of these new subdivisions on the Town, particularly in unique areas like the Oregon Road farm corridor (see the Town Code §A106-2). The installation of these trees and street lighting will have a highly detrimental impact, and I urge you to apply the same policy to Manzi Homes. What is clearly in the Town's and its residents' best interest is for there to be a common road for all the houses. Therefore, despite my strong distaste for the tract house developments that Manzi Homes builds, I suggested that the road be shared. I copied the Planning Board on a letter I sent to Mr. Manzi in August of last year, regarding sharing our existing road. I have never received a response from anyone at Manzi Homes to that letter - it seems they are not interested in considering steps to mitigate the impact of their tract houses. We remain willing to discuss sharing the road with the new homes to be built, and fail to see why the Town is not pressing Manzi Homes to pursue this option. All we can see is that the subdivision application is moving through the Planning Board without regard whatsoever to the issues surrounding Oregon Road and its preservation. Once Manzi Homes has built the houses and taken its profits back to Rocky Point, we all will be left with the problem: a 50' wide corridor (with an island in the middle, much like the North Road, if trees are installed there) slicing through the Fields. For this reason, I urge you to table discussion of this subdivision until Manzi Humes has made a good faith attempt to come to an agreement over the use NYB 1498452.1 C L I F F O p D CLIFFORD CHANCE US LLP C H A N C E Southold Town Planning Board Page 2 April 13, 2005 of our road. Thus far, no such attempt has been made. A large part of the Planning Board's legislative purpose is to protect the Town and its residents from unmitigated development that is not sensitive to the Town and its environment, and this seems a prime example of just that kind of development. The Planning Board has the opportunity to use its power to foster an outcome that is far preferable for the Town. If you do not, the Oregon Road corridor will be forever changed. I will be happy to come to a meeting with Manzi Homes' representatives to discuss this issue, and would urge that other stakeholders, such as the Town's Land Preservation Coordinator, be present to safeguard the Town's interests in having the smallest impact possible from this subdivision. If you have any questions, please do not hesitate to call me at the number set forth above. Sincerely, v- Kevin O'Mara cc: Oregon Road Preservation Association Melissa Spiro, Land Preservation Coordinator North Fork Environmental Council NYn 1498452.1 ~ ~ • ~ MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of S~UTjyO SouthOold,oNY 1 971 JERILYN B. WOODHOUSE Chair OFFICE LOCATION: WILLIAM J. CREMERS r/+ ac Town Hall Annex KENNETH L. EDWARDS G ~ ~p~ 54375 State Route 25 GEOR EID SOLOMON ~OIyC~Uryl, (cor. Mai~Rd. &~YIo`u~ngs Ave.) IY 1, Telephone: 6S1 76b-1935 Fax: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2005 Mr. Joseph Manzi c/o Manzi Homes P.O. Box 702 Rocky Point, NY 11778 Re: Proposed Standard Subdivision of Oregon Landing I Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue SCTM#1000-83-2-9.1 Zoning: A-C Dear Mr. Manzi: The Southold Town Planning Board, at a meeting held on Monday, April 11, 2005, adopted the following resolution: WHEREAS, the proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2-9.1) into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale to the Town of Southold; and WHEREAS, in review of the history and merits of the application, the Planning Board hereby waives Article VI Preliminary Plat Review; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, May 9, 2005 at 6:00 p.m. for a final public hearing on the maps dated as revised July 20, 2004. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Fridav. Mav 6th. The sign and the post need to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, 69%~~ Jerilyn B. Woodhouse Chairperson encs. cc: Melissa Spiro, Land Preservation Coordinator Southold Town Planning Board Notice to Adjacent Propertv Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-83-2-9.1; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is for a cluster subdivision which will subdivide a 25.79 acre parcel (SCTM#1000-83-2-9.1) into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres upon which Development Rights will be sold to the Town of Southold. The property is located n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2"d FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Mondav, May 9, 2005 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Traveler/Watchman, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner Name: Manzi Homes/Oregon Landing I Date: 4/13/05 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail -return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon. Fri., 5/6/05 Re: Proposed Standard Subdivision Oregon Landing I S CTM#s: 1000-83-2-9.1 Date of Hearing: Monday. Mav 9, 2005. 6:00 p.m. § b8-1 NOTICE OF PUBLIC HEARING § 55-1 Chapter 68 NOTICE OF PUBLIC HEARING § 68.1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1996 as L.L. No. 26.1996. Amendments noted where applicable.] § 68.1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed bylaw. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant tc send notice to the owners of record of every property which abuts and every property which is across from any public or private street 5801 :_~_es ROBERT ARNONE & OTHERS AS TRUSTEES OREGON LANDING I -STANDARD SUBDIVISION 1000-83-2-9.1 Proposal for a cluster subdivision which will subdivide a 25.79 acre parcel (SCTM#1000-83-2-9.1) into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres upon which Development Rights will be sold to the Town of Southold. ~VI O N DAY - - • MAY 9, 200.5 6.00 P.M. MAILING ADDRESS: ~ PLANNING BOARD MEMBE• ~OF soUry • P.O. Box 1179 JERILYN B. WOODHOUSE ~Q~ Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS w ,ac Town Hall Annex KENNETH L. EDWARDS ~ ~ ,~p~O 54375 State Route 25 GEORGEI D SOLOMON OIyCOU,M (cor. MaSo h dYo~ungs Ave.) ''I 1, Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Apri14, 2005 Mr. John Guido C/o Manzi Homes P.O. Box 702 Rocky Point, New York 11778 Re: Proposed Minor Subdivision of Oregon Landing I SCTM# 1000-83-2-9.1 Zoning: A-C Dear Mr. Guido: The Planning Board has agreed to allow the clearing of cherry trees less than 5" diameter in consideration of the planting of the bluff, the creation of a 50' non-disturbance buffer and the application of the clearing limits. Note, however, that no clearing is to take place until the trees are flagged and approved by the Planning Board and Town of Southold Trustees for removal. Based upon the merits of the application, the Planning Board has agreed to waive the Preliminary Hearing requirement, however, the Preliminary Application and fee must be submitted to this office. Additionally, submit the Final Application materials prior to May 1, 2005. Note that in the final application package, a performance guarantee (letter of credit) in the amount of the approved cost estimate must be submitted together with a administrative fee equal to 6 percent of the cost estimate; a park and playground fee in the amount of $21,000 and a letter of water availability or contract from the Suffolk County Water Authority. The Planning Board reviewed the final map for Oregon Landing I submitted March 24, 2005; the following amendments will be required: 1. The Planning Board is questioning the survivability of the proposed Red Oak trees along the right-of--way and is requesting an alternative species more suitable to the environmental conditions. 2. Show the electric fire wells on the map as specified. 3. In the NOTE section omit note number 2; it is redundant with the Covenant and Restriction language. 4. In the NOTE section omit the language "but clearing of natural vegetation between the 50' setback and the 100' setback from bluff will be allowed". Clearing is restricted to the limits of clearing as depicted on the site plans for each lot. 5. Mapped Covenant and Restrictions Language Amendments: a. Clause A: Add "existing trees may be manually pruned and trimmed as necessary. Grading within the 50' buffer is prohibited". b. Clause B: Insert "50"' before buffer. c. Clause G: Replace lot with parcel. d. Clause K: Replaced lot with parcel. e. Pease add the following clause, "This subdivision is subject to the ARTICLE XXII, Farmland Bill of Rights [Added 5-27-1997 by L.L. No. 11-1997] Section § 100-220. Right to farm, of the Town of Southold Town Code. 6. Please provide the amended Covenant and Restriction and Cross Easements as separate documents. The map language and document language must coincide. 7. All lot lines must be shown as solid lines on the map. 8. The Planning Board has agreed to the Site Plans showing clearing limits and vegetative buffers for Parcel 1 through 4 dated June 2002. Note it is your responsibility to secure all necessary jurisdictional permits. The Town of Southold Trustees is requiring a permit for any activity (tree clearing) seaward of the Coastal Erosion Hazard Line. The New York State Department of Environmental Protection also may require a permit for the supplemental planting of the bluff and proposed clearing. Obtain all necessary permits prior to commencing outlined activities. Revised maps with Suffolk County Department of Health must be submitted prior to issuance of any final approval. If you have any questions please do not hesitate to call me at (631) 765-1938. Sincerely, Mj~ c Terry JSenior Environmental P nner / Cc: Planning oard Melissa Spiro, Land Preservation Coordinator Heather Tetrualt, Board of Trustees MAILING ADDRESS: PLANNING BOARD MEMBE~ ~~OF S~UjyO So P O Id,oNY 11971 JERILYN B. WOODHOUSE h0 l~ Chair OFFICE LOCATION: WILLIAM J. CREMERS N .ac Town Hall Annex KENNETH L. EDWARDS ~ ~ ~O 54375 State Route 25 MARTIN H. SIDOR ``,.A (cor. Main Rd. & Younge Ave.) GEORGE D. SOLOMON CDU~~~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Jamie Richter, Office of the Town Engineer From: Mark Terry, Senior Environmental Planner Date: April 4, 2005 Re: Revised Road and Drainage and Draft Cost Estimate for Conservation Subdivision of Manzi/ Oregon Landing I SCTM 1000-83-2-9.1 Enclosed please find one REVISED copy of the subdivision map dated 3/22/05 with proposed road and drainage for the above-referenced subdivision. Please review the plan and submit your comments and/or recommendations to this office. In addition a draft bond estimate is attached r • . ti Jeffrey T. Butler, P.E. PO Box 634 Shoreham, New York 11786 631-208-8850 Licensed Professional Engineer Member National Society Of Professional Engineers Performance Bond Estimate For: Joseph G. Manzi Jr. Irrevocable Trust, Dated March 28, 2000 SCTM # 1000-083-02-9.1 Oregon Landing I March 22, 2005 Item: O~ Unit Price: Estimate Cost: 1. Clearing and Grubbing (acres) 3.8 $4,000.00 $15,200.00 2. Road Excavation, Subgrade Construction and Final Grading (cubic yards) 2050 $3.00 $6,150.00 3. Roadway Pavement A) 3/4" Stone Blend or RCA Base -4" Thick (cubic yards) 397 $40.00 $15,880.00 B) Asphalt Wearing Course - 2" Thick (cubic yards) 200 $60.00 $12,000.00 4. Drainage Pipe - 15" Diameter (cubic feet) 0 $25.00 $0.00 6. Drainage Structures A) Leaching Basins 7 $900.00 $6,300.00 7. Street Trees 67 $250.00 $16,750.00 8. Top Soil & Seeding Roadway Shoulder (square yards) - 1987 $5.00 $9,935.00 9. Fire Wells 2 $250.00 $500.00 10. As Built Survey 1 $7,500.00 $7,500.00 Subtotal: $90,215.00 15% Bond Inflation ~P'<<G N~U~ yO & Contingency: $13,532.25 * T~Fy Total Estimated r * Cost of Public cn / w Improvements: $103,747.25 m w R specttully Submitted, FAA o~3493 cL~ 9~FESSIONP~. Je rey T. Butler, P.E. ~~.c,~,arGF M1 ~IEFFREY T. BUTLER, P.E. PO Box 634 SHOREHAM, NY 1 1 7B6 (63 7 J 2OB-BB 5O Letter of Transmittal Mazch 23, 2005 Town of Southold Planning Dept PO Box 1179 Southold, NY 11971 Attn: Mark Terry Re: Revistons r+iadthg I j SCTM # 1000-83-2-9.1 Oregon Landing II SCTM# 1000-9.i-1-5 Dear Mark: Enclosed alease find the followine: • 4 sets of lan with revisions upon your request for the above referenced properties • Bulk Cal tions r.-- h° 2005 ~ ~ s~ Jeffrey T. Butler, P.E. PO Box 634 Shoreham, New York 11786 631-208-8850 Licensed Professional Engineer Member National Society Of Professional Engineers Performance Bond Estimate For: Joseph G. Manzi Jr. Irrevocable Trust, Dated March 28, 2000 SCTM # 1000-083-02-9.1 Oregon Landing I March 22, 2005 Item: ~ Unit Price: Estimate Cost: 1. Clearing and Grubbing (acres) 3.8 $4,000.00 $15,200.00 2. Road Excavation, Subgrade Construction and Final Grading (cubic yards) 2050 $3.00 $6,150.00 3. Roadway Pavement A) 3/4" Stone Blend or RCA Base -4" Thick (cubic yards) 397 $40.00 $15,880.00 B) Asphalt Wearing Course - 2" Thick (cubic yards) 200 $60.00 $12,000.00 4. Drainage Pipe - 15" Diameter (cubic feet) 0 $25.00 $0.00 6. Drainage Structures A) Leaching Basins 7 $900.00 $6,300.00 7. Street Trees 67 $250.00 $16,750.00 8. Top Soil & Seeding Roadway Shoulder (square yards) 1987 $5.00 $9,935.00 9. Fire Wells 2 $250.00 $500.00 10. As Built Survey 1 $7,500.00 $7,500.00 Subtotal: $90,215.00 ~ pF NE~V 15% Bond Inflation ~,`Q~~FPEY T. BUT~FQ'p & Contingency: $13,532.25 * 9 ~ Total Estimated r * Cost of Public m - / w Improvements: $103,747.25 R specttully Submitted, F ~,o ~~3493 q~FfSS10NP~' Je rey T. Butler, P.E. Jeffrey T. Butler, P.E. PO Box 634 Shoreham, New York 11786 631-208-8850 Licensed Professional Engineer Member National Society Of Professional Engineers Performance Bond Estimate For: Joseph G. Manzi Jr. Irrevocable Trust, Dated March 28, 2000 SCTM # 1000-083-02-9.1 , Oregon Landing I March 22, 2005 Item: Ott Unit Price: Estimate Cost: 1. Clearing and Grubbing (acres) 3.8 $4,000.00 $15,200.00 2. Road Excavation, Subgrade Construction and Final Grading (cubic yards) 2050 $3.00 $6,150.00 3. Roadway Pavement A) 3/4" Stone Blend or RCA Base -4" Thick (cubic yards) 397 $40.00 $15,880.00 B) Asphalt Wearing Course - 2" Thick (cubic yards) 200 $60.00 $12,000.00 4. Drainage Pipe - 15" Diameter (cubic feet) 0 $25.00 $0.00 6. Drainage Structures A) Leaching Basins 7 $900.00 $6,300.00 7. Street Trees 67 $250.00 $16,750.00 8. Top Soil & Seeding Roadway Shoulder (square yards) 1987 $5.00 $9,935.00 9. Fire Wells 2 $250.00 $500.00 10. As Built Survey 1 $7,500.00 $7,500.00 Subtotal: $90,215.00 ~ pF NFw 15% Bond Inflation ~.`P~~FPEY T BUT~yQ~ & Contingency: $13,532.25 ~ F9 ~ Total Estimated r * Cost of Public ~ / ~ Improvements: $103,747.25 2 ~ R spectfully Submitted, `rF ~p ~~3493 c~C~ ' 9~FfSS10NP~' Je rey T. Butler, P.E. Jeffrey T. Butler, P.E. PO Box 634 Shoreham, New York 11786 631-208-8850 Licensed Professional Engineer Member National Societv Of Professional Enoineers Performance Bond Estimate For: ' Joseph G. Manzi Jr. Irrevocable Trust, Dated March 28, 2000 SCTM # 1000-083-02-9.1 Oregon Landing I March 22, 2005 Item: (fit : Unit Price: Estimate Cost: 1. Clearing and Grubbing (acres) 3.8 $4,000.00 $15,200.00 2. Road Excavation, Subgrade Construction and Final Grading (cubic yards) 2050 $3.00 $6,150.00 3. Roadway Pavement A) 3/4" Stone Blend or RCA Base -4" Thick (cubic yards) 397 $40.00 $15,880.00 B) Asphalt Wearing Course - 2" Thick (cubic yards) 200 $60.00 $12,000.00 4. Drainage Pipe - 15" Diameter (cubic feet) 0 $25.00 $0.00 6. Drainage Structures A) Leaching Basins 7 $900.00 $6,300.00 7. Street Trees 67 $250.00 $16,750.00 8. Top Soil & Seeding Roadway Shoulder (square yards) 1987 $5.00 $9,935.00 9. Fire Wells 2 $250.00 $500.00 10. As Built Survey 1 $7,500.00 $7,500.00 Subtotal: $90,215.00 15% Bond Inflation ,`Q'`~oEYTVB~~~ &Contingency: $13,532.25 ~ T~F9 Total Estimated * * Cost of Public m W Improvements: $103,747.25 W R spectfully Submitted, 2`rc~ c= ~,p ~>3493 FCC ' R~FESSIONP~ Je rey T. Butler, P.E. P.O. Box 1179 54375 Route 25 -Town Hall Annex Southold, NY 11971 ~ ~ ~ ~ Phone: (631) 765-1938 ~ ~ ~ " Fax: (631)765-3136 II~ to: John Guido, Manzi Homes From: Mark Terry/Carol Fax: 744-0032 Pages: 2 - including cover Phone: Date: 3/18/05 Re: Oregon Landing cc: Urgent or Review Please Comment Please Reply As Requested ~ ~ ~~,~N~~~ CUTCH(~GUE FIRE DISTRICT r r T i 260 New Suffolk Roads Cutchogue, NY 11935 r. o. Telephone (631] 734-6907 Fax (631) 734-7079 75 Years E-mail: cutfd@optonline.net of Service March 15, 2005 n ` - jp~, ~ ~~,~(,.a~- I~ G~ ,X~vs~~, Southold Town Planning Board ~ v1~ ~ ~ ~D ~ _ ` Mr. Mark Terry PO Box 1179 Southold, NY 11971 Ref: Oregon Landing & Bridge Lane SCTM 1000-83-2-9.1 Dear Mr. Terry, Thank you for your request for recommendations on fire service needs for the above properties. The board has reviewed the site plan and recommends the placement of two Electric fire wells as follows and returning the drawing indicating same. 1-well on the corner of Oregon Rd and property right of way 1-well on the corner of north end of the right of way and the F/W right of way. The wells should meet our specifications and requirement that you have on file. In the event that water mains are installed and connected by Suffolk County Water Authority we would request 500 g.p.m. hydrants in place of the wells. Should there be further questions, please feel free to contact the board of fire commissioners at any time. Very truly yours, ~jBoard of Fire Commissioners I/~'~y+ r Matthew J. artin District Secretary ~ _ Cc: Chief Fogarty , • CUTCH(~GUE FIRE DISTRICT T : 260 New Suffolk Roads Cutchogue, NY 11935 r. o. Telephone (631) 734-6907 Fax (631) 734-7079 75 Years E-mail: cutfd@optonline.net of Service March 15, 2005 Southold Town Planning Board Mr. Mark Terry PO Box 1179 Southold, NY 11971 Ref: Oregon Landing & Bridge Lane SCTM 1000-83-2-9.1 Dear Mr. Terry, Thank you for your request for recommendations on fire service needs for the above properties. The board has reviewed the site plan and recommends the placement of two Electric fire wells as follows and returning the drawing indicating same. 1-well on the corner of Oregon Rd and property right of way 1-well on the corner of north end of the right of way and the E/W right of way. The wells should meet our specifications and requirement that you have on file. In the event that water mains are installed and connected by Suffolk County Water Authority we would request 500 g.p.m. hydrants in place of the wells. Should there be further questions, please feel free to contact the board of fire commissioners at any time. Very truly yours, Board of Fire Commissioners Matthew J. actin District Secretary , Cc: Chief Fogarty VY ~gUFFO(~-co ~ MAILING ADDRESS: PLANNING BOARD MEMBERS .r~ P.O. Box 1179 JERILYN B. WOODHOUSE ~ Southold, NY 11971 Chair y y, ~ OFFICE LOCATION: RICHARD CAGGIANO 0~, ~ Town Hall Annex WILLIAM J. CREMERS a~ 54375 State Route 25 KENNETH L. EDWARDS ~ ~ (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR Southold, NY Telephone: 831 78b-1838 Fas: 631 786-3136 January 6, 2005 pLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Joseph Manzi C/o Manzi Homes P.O. Box 702 Rocky Point, New York 11778 Re: Proposed Minor Subdivision of Oregon Landing Located n/o Oregon Road., between Cox's La. & Bridge La., in Cutchogue SCTM# 1000-83-2-9.1 Zoning: A-C Dear Mr. Manzi: The Planning Board reviewed the draft Covenant and Restriction and Cross Easement at the December 20, 2004 worksession; the following amendments will be required to the Covenant and Restriction: P~ • - ~s m - -an m of development rights. ` / 2. Add a clause outlining the clearing limits as defined by Chapter A-106-56 Article o V XIII. Clearing limits must be staked in the field. 3. The language proposed in Clause 2 outlining maintenance activities within the 50 ` foot undisturbed buffer does not match that proposed on the plat. The Planning OS Board will not permit the clearing of cherry trees in the undisturbed buffer. In addition, add the language "following the release of the bond" following a period of two (2) years. 4. The Planning Board is also requiring the following clauses as recommended by the Suffolk County Department of Planning: a. "No stormwater resulting from the development and improvement of the subdivision or any of its lots shall be dischazged down the face of the bluff in any matter". b. "No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 ft. landward of the top of bluff' c. "The future subdividing of Lot 5 is prohibited." 5. The Planning Board is requiring that the bluff be planted in areas where the soil is exposed with beach grass (Ammophila breviligulata) prior to the release of the performance guarantee. Therefore, include language that proposes a ~ supplemental planting plan for the face of the bluff. The planted material also must be guaranteed to survive for a period of five years. 6. Provide a signed, written statement addressed to the Planning Board that states " the creation of this subdivision in no way commits either the Town or the County of Suffolk to any program to protect this property from bluff and shoreline erosion through the construction of engineering or other works". 7. Provide the Planning Board with a General permit for Storm-water Runoff from Construction Activity (GP-02-O1) or include the following language in the Covenant and Restriction "Prior to any construction activity, the project will require a General permit for Storm-water Runoff from Construction Activity (GP- 02-01) administered by the New York State Department of Environmental ? Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. " Please contact the DEC at 518-402-8265 for permitting information. 8. Add a clause prohibiting the installation of stairways, stairs or any other structure ' / proposed to access the beach from Lots 2, 3 and 4. _ . from the top of bluff line without a grading plan approved by the Office of the Town Engineer and the Planning Board and all appropriate permits 10. Clause 7 indicates that the document could be terrninated, revoked or amended with the written consent of the Town. The Planning Board is requiring that the clause be deleted. The Covenants and Restrictions are not amendable. Please add the following clause to the Cross Easement language. 11. Add a clause prohibiting the installation of stairways, stairs or any other structure ~ proposed to access the beach from Lots 2, 3 and 4. Access to the beach shall be ~ y~ limited to a single structure within the 10 ft. wide easement on Lot 1 to serve all ° ` the residents of the subdivision. 12. The third paragraph allows utilities etc... to be installed within the property described as Schedule "A" which refers to the entire pazcel. Amend the clause to locate all utilities etc...within the right-of--way referred to as Schedule "B". 13. Third paragraph, line 6, omit "and over": the Planning Boazd does not permit utilities to be installed "over" property. c. "The future subdividing of Lot 5 is prohibited." 5. The Planning Board is requiring that the bluff be planted in azeas where the soil is exposed with beach grass (Ammophila breviligulata) prior to the release of the performance guarantee. Therefore, include language that proposes a supplemental planting plan for the face of the bluff. The planted material also must be guaranteed to survive for a period of five years. 6. Provide a signed, written statement addressed to the Planning Boazd that states " the creation of this subdivision in no way commits either the Town or the County of Suffolk to any program to protect this property from bluff and shoreline erosion through the construction of engineering or other works". 7. Provide the Planning Board with a General permit for Storm-water Runoff from Construction Activity (GP-02-O1) or include the following language in the Covenant and Restriction "Prior to any construction activity, the project will require a General permit for Storm-water Runoff from Construction Activity (GP- 02-01) administered by the New York State Department of Environmental ? Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. " Please contact the DEC at 518-402-8265 for permitting information. 8. Add a clause prohibiting the installation of stairways, stairs or any other structure proposed to access the beach from Lots 2, 3 and 4. from the top of bluff line without a grading plan approved by the Office of the Town Engineer and the Planning Board and all appropriate permits 10. Clause 7 indicates that the document could be terminated, revoked or amended with the written consent of the Town. The Planning Board is requiring that the clause be deleted. The Covenants and Restrictions are not amendable. Please add the following clause to the Cross Easement language. 11. Add a clause prohibiting the installation of stairways, stairs or any other structure proposed to access the beach from Lots 2, 3 and 4. Access to the beach shall be ^ a~ limited to a single structure within the 10 ft. wide easement on Lot 1 to serve all I' + the residents of the subdivision. ~ 12. The third pazagraph allows utilities etc... to be installed within the property ~ described as Schedule "A" which refers to the entire parcel. Amend the clause to ~ locate all utilities etc...within the right-of--way referred to as Schedule "B". 13. Third paragraph, line 6, omit "and over": the Planning Board does not permit utilities to be installed "over" property. Please amend the plat to include the following and have it resigned by the Suffolk County Department of Health Services. 14. Remove note #2 which is inconsistent with the proposed covenant and restriction language. 15. Label Parcels "Development Rights to be sold to the Town of Southold" Omit all other text. 16. Add a notation that the 17.02 acres upon which development rights will be sold includes .32 acres of subdivision open space. If you have any questions please do not hesitate to call me at (631) 765-1938. Sincerely, ?'.'i? i f A. ~/Nlark Terry Senior Enviro ntal Planner Cc: Planning Board ' Melissa Spiro, Land Preservation Coordinator Submission Without a Cover Letter Sender: ~IO~{N GUt~DD / ~~NZI ~ ~/~/~L"5 /NG. .,/o SEp~ G /~7~,vi, ~vs Subject: ~~E ~01U Lla'N ~ ~ ~ Date: /d - / 3 ' 6 SU~S/n ~ mn5 S ~~sAC? pyL~n fS Comments: U.i,~. 3 n'1 yea rs o ~ O rc~v~- (A•y,.~.rrt5 App~i?ED ~`I f7Cti./f~- ~e(~ f ~ ~ _ . ~ z ~ COUNTY OF SUFFOLK ~ N~ r~i STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, A.I. C. P. DEPARTMENT OF PLANNING DIRECTOR of PLANNING December 3, 2004 Ms. Jerilyn B. Woodhouse Jr., Chair Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 1 _ ~ Southold. NY 11971 1 _ _ i Re: Oregon Landing i ~ SCCFileNo.: S-SD-04-07 L___..-_--- ---"~-~_-i SCTM No.: 1000-83-2-9.1 Dear Ms. Woodhouse: Pursuant to the requirements of Section A14-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on December 1, 2004 reviewed the above captioned application and after due study and deliberation resolved to approve it subject to the following conditions: 1. The top of bluff shall be flagged in the filed by a qualified professional, verified by the appropriate regulatory agency and shown on all surveys, plans maps and sketches. \p 2. No new residential structure or sanitary disposal facility shall be constructed or otherwise located C'zz ~l, j - within 100 ft. of the top of bluff. G 3. Within 50 ft. of the top of bluff there shall not be any grading except that may be necessary to ~ control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this azea shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. ko ~"1 No stormwater runoff resulting from the development and improvement of the subdivision or any ~Z1u p. ° of its lots shall be discharged down the face of the bluff in any manner. 5. There shall not be any individual access structure to the beach from Lots 2, 3 and 4. Access to of ~ the beach shall be limited to a single structure within the 10 ft. wide easement on Lot I to serve ~J all residents of the subdivision. The structure shall be designed and constructed in a manner that will result in the least disturbance to the stability of the bluff. 6. The subdivider shall acknowledge in writing to the Planning Board that the creation of this ~Z subdivision in no way commits either the Town or the County of Suffolk to any program to protect ~ this property from bluff and shoreline erosion through the construction of engineering or other works. LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ¦ P. O. BOX 6100 • (6311 8535190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I I ]88-0099 TELEGOPIER (631) 8534044 Ap'~l 7, %l1O4 SUFFOLK COUNTY PLANNING DEPARTMENT Page 2 7. The proposed map by Commission definition is a major subdivision, and the map name shall be rR. amended, and the word `minor' shall be replace with word `major', so that the map name will clearly state it as a major cluster subdivision. 8. The subdivision map shall be redrawn so that the proposed panhandle portion of Lot 1 to be used as a common driveway is replaced with a 50' wide right-of--way designed to provide safe vehicular access to all lots. This right-of--way may be improved with a country lane or common driveway rl that is designed to accommodate vehicles entering and leaving the property at the same time. Furthermore, the angular bend of the `dog leg' turn of the panhandle depicted on the proposed map in front of Lot 4 shall be replaced with a horizontal curve to insure that the 50' wide right-of- way will be capable of accommodating emergency and service vehicles. ~ ~b 9. Whether or not the Town purchases the Development Rights of Lot 5; the applicant shall be ~ required to file a covenant and restriction prohibiting its future subdivision. Very truly yours, Thomas Isles, AICP Duector of Planning ~ Theodore R Klein Senior Planner TRK:CC G:\CCHORNV\SUBDINCOMIBHLT\COM2004\DEC\SD04-07.DEC LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4ThI FLOOR • P. O. BOX 6100 • (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I I ]88-0099 TELECOPIER (6311 853-4044 ~ ~ S~ MANZI HOMES, INC. P.O. BOX 702 ROCKY POINT, NEW YORK 11778 (631)744-1039 November 23, 2004 Mark Terry Senior Environmental Planner Planning Board Office ~ I Town of Southold ' - ~ P.O. Box 1179 _ Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Re: Major Cluster Subdivision of Oregon landing (SCTM # 83.-2-9.1) Dear Mr. Terry: Attached please find a proposed map, drafts of both Covenants & Restrictions and a Cross Easement. along with metes & bounds descriptions for same. Kindly review the aforementioned documents & exhibits and contact me upon their review. Thank you for your courtesy and prompt attention to these requests. Sincerely, hn Guid Vice-President attachments CROSS EASEMENT THIS AGREEMENT made this day of , 2004, by Richard Manzi as trustee of the Joseph G. Manzi Irrevocable Trust dated March 28, 2000 as to a undivided 75% interest and Villa Amorosa, LLC residing at 5 Shelly Lane, Mount Sinai, New York 11766 and 144 Lawrence Park Terrace, Bronxville, New York 10708, hereinafter referred to as OWNERS: WITNESSETH: That for and in consideration of ONE and 001100 ($1.00) DOLLAR, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: The OWNERS, named herein, Owners of a parcel more specifically known as SCTM # 1000-083.00-02.00-009.001, desiring to effect a Major Cluster Subdivision, hereby grant to each parcel, their successors and assigns, guests and invitees, a perpetual easement and right of way for the ingress and egress, for gas, electric, cable TV, telephone, water mains and lines, and any and all utilities under, through and over, as described in Schedule "A" the subject premises for lots 1, 2, 3 and 4, of a Major Cluster Subdivision map of Oregon Road, located in Cutchogue, New York, said lots lying and being in the Town of Southold, County of Suffolk and State of New York, said easement and right-of-way is more particularly described in Schedule "B" attached hereto and make a part hereof. Moreover, a ten foot (10') wide easement shall extend through the subject parcel to the Long Island Sound, said easement is more particularly described in Schedule "C" attached hereto and make a part hereof. That OWNERS, their successors and assigns, guests and invitees, take the premises subject to the above described easements and rights-of- way and rights of others along said rights-of-way. That this grant and easement shall, at all times, be deemed to be a continuing covenants running with the land and shall be binding upon the heirs, successors and/or assigns of the parties herein. It shall be the obligation of the then OWNERS of the subject parcel, their heirs, successors and/ or assigns, to repair and/or maintain the said easement area. Each property owner shall be required to pay a 25% share of said maintenance and repair cost. In addition, the lot owners, their heirs, successors and/or assigns shall be equally responsible for the clearing of snow and maintenance of the easement and right-of-way, including but not limited to the maintenance of grass, trees, and bushes, if any. Upon its full execution by the parties herein named, this document shall be recorded in the Suffolk County Clerk's Office, and upon said recording, this Cross Easement shall be fully enforceable by the Town of Southold. IN WITNESS WHEREOF, the parties hereto have caused their hands to be hereinto fixed, and those presents to be signed as of the day and year first above written. Richard Manzi, As Trustee Kevin Faga, Member ~CHEDULE A • Metes and Bounds Description Of the Major Cluster Subdivision Map of Oregon Landing Situate in the Town of Southold, County Of Suffolk, New York Suffolk County tax map # 1000-83-2- 9.1 Beginning at a point on the Northwesterly side of Oregon Road at the Southeasterly comer of the land division Map of Oregon Landing; running thence Southwesterly From said point of beginning along the Northwesterly side of Oregon Road S 61 ° 26' 00" W 466.30' to land now or formerly of Swiatocha; running thence Northwesterly and Southwesterly along said land now or formerly of Swiatocha N 48° 53' 00" W 484.00' and S 61° 26' 00" W 180.00' to land now or formerly of the County of Suffolk and Steele; running thence Northwesterly along said land of Swiatocha and Steele as well as along lands now or formerly of Bolinger N 48° 53' 00" W 1,516.00' to the Long Island Sound; running thence Easterly along the Long Island Sound N 71° 26' 42" E 742' to land now or formerly of Blados and Shalvey; running thence Southeasterly along said land of Blados and Shalvey S 47° 49' 00" E 1,850.00' to the Northwesterly side of Oregon Road and the point or place of beginning, containing within said bounds 25.79 acres. SCHEDULE B Metes and Bounds Description Of the 25 foot wide right of way Over the Major Cluster Subdivision Map of Oregon Landing Situate in the Town of Southold, County Of Suffolk, New York Suffolk County tax map # 1000-83-2-P/O 9.1 Beginning at a point on the Northwesterly side of Oregon Road at the Southeasterly corner of the Major Cluster Subdivision Map of Oregon Landing; running thence Southwesterly from said point of beginning along the Northwesterly side of Oregon Road S 61° 26' 00" W 26.4$' to Parcel 5 on the Major Cluster Subdivision Map of Oregon Landing; running thence Northwesterly and Westerly through said lot 5 the following three (3) courses and distances: 1) N 47° 49' 00" W 1,289.11' ' 2) Along a curve to the left having a radius of 50.00' and a length of 53.00' 3) S 71° 26' 42" W 482.77' to the cul de sac of this right of way; running thence in a clockwise fashion around the cul de sac of this 25 foot right of way along a curve to the left having a radius of 20.00' and a length of 32.85' and along a curve to the right having a radius of 50.00' and a length of 239.19' to Parcel 1 on the Major Cluster Subdivision Map of Oregon Landing; running thence Easterly along said Parcel 1 and along parcels 2, 3 and 4 on the Major Cluster Subdivision Map of Oregon Landing N 71° 26' 42° E 596.54' to land now or formerly of Blados and Shalvey; running thence Southeasterly along said land of Blados and Shalvey S 47° 49' 00" E 1,341.79' to the Northwesterly side of Oregon Road and the point or place of beginning, containing within said bounds 1.27 acres. • i SCHEDULE C Metes and Bounds Description Of the 10' wide easement to Long Island Sound Over Parcels 5 and 1 on the Major Cluster Subdivision Map of Oregon Landing Situate in the Town of Southold, County Of Suffolk, New York Suffolk County tax map # 1000-83-2-P/O 9.1 Beginning at a point on Parcel 5 of the Major Subdivision Map of Oregon Landing on the cul de sac of the 25' right of way serving same the following six (6) courses and distances from the Northwesterly side of Oregon Road: 1) S 61° 26' 00° W 26.48' as measured along the Northwesterly side of Oregon Road from the Southeasterly corner of the Major Cluster Subdivision Map of Oregon Landing 2) N 47° 49' 00" W 1,289.11' 3) Along a curve to the left having a radius of 50.00' and a length of 53.00' 4) S 71 ° 26' 42" W 482.77' to the cul de sac of this right of way; 5} running thence in a clockwise fashion around the cul de sac of this 25 foot right of way along a curve to the left having a radius of 20.00' and a length of 32.85' and 6) along a curve to the right having a radius of 50.00' and a length of 207.02' to the point of beginning; Running thence Westerly through Parcel 5 on the Major Cluster Subdivision Map of Oregon Landing S 71° 26' 42" W 98.74' to land now or formerly of Bolinger; running thence Northwesterly along said land of Bolinger N 48° 53' 00" W 525.24' to the Long Island Sound; running thence Easterly along the Long Island Sound N 71° 26' 42" E 11.59' to a point; running thence Southeasterly and Northeasterly through Parcel 1 on the Major Cluster Subdivision Map of Oregon Landing S 48° 53' 00° E 513.66' and N 7l ° 26' 42" E 123.00' to the cul de sac of the 25' right of way on the Major Cluster Subdivision Map of Oregon Landing; running thence generally Southwesterly along said cul de sac in a counter clockwise fashion along a curve to the left having a radius of 50.00' and length of 32.18' to the point or place of beginning, containing within said bounds 6,249 square feet. THIS DECLARATION made by Richard Manzi as Trustee of the Joseph U. Manzi. Jr.. Irrevocable Trust, dated February 28.2000, this day of 2004. residing at ~ Shelly Lane. Mount Sinai, Nevi' York 11766. as to a 75% undivided interest. and Villa Amorosa. LLC, kith offices located at 144 Lawrence Park terrace, Bronxcille, New York 10708. as to a undivided 2~% interest, herein after referred to as DECLARANTS. as owners of premises described in Schedule °A" annexed hereto (herein after referred to as PREMISES) desired to 2strict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES cotenants and restrictions and does hereb}~ declare that said PREMISES shall be held and shall he tom eyed subject to the following covenants and restrictions: I. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct. approval of plans or approval of a Major Chester Subdivision or development on the PREM[SES. 2. As a condition of approval by the ~hOWN of the subdivision or development application, the DECLARANTS cotenants that there shall be 50' buffer "set back from the top of Bluff' said buffer to be undisturbed with the exception of periodic maintenance for die removal of dead or noxious vegetation. DECLARANTS further covenant that no clearinU of said buffer, kith the exception of the removal of dead or noxious vegetation, shall take place without the approtal of the TOWN Planning Board. Moreover, DECLARANTS. their successors and/or assigns. must submit an erosion control and re-vegetation plan to the TOy~'N Planning Department when seeking the aforementioned approtal. Further. DECLARANTS cotenant that maple and pine ~ trees noted on the la shall survive for a period of two (2) years. 3. The DECLARANTS. their successors and'or assigns shall set forth these covenants. agreements and declarations in any and all leases to occupant,. tenants and!or lessees of the above-described propertc and shall b~ their teens. subject same to the cotenants and resn~ictions contained herein. Failun~ ol'the DECL:~RANTS. their successors and'or assi~uns to~condition the hasps shall nut incalidatz their automati~~ subjugation to the covenants and restrictions. -l. Ul of [he cotenants and resit fictions contained herein shall be in addition to and not in derogation of limitation upon any pnnisions of local. stag. and federal la~tis. ordinances. and'or re~~ulations in effect at the time of execution of this agreement_ or at the time Birch laws. ordinances. and br rep=ulations ma_t therrtiftcr be revised. e.m.ndcd. or promulgated. s. Thi; docunxnt is made subject to the prutisions of all la~cs r quird o:~ b~ their provisions to be incorporated herein and the_t are deemed to be incorporated herein and made part hereof. as though Fullt set forth. 6. The aforenrntiuned resn~ictite cotenants shall be rnforceable b~~ the I own of Southol.L State of Ne~~ 1"ork. bt injunctive relief or be ant od~er remelt in cquit~ or at law. l he failure of said a«encies of the Town of Southold to enforce the same shall not be deemed to affect the validity ofthis covenant nor to impose any- liability w°hatsoever upon the County of Suffolk or any officer or employee thereof 7. 'These covenants and restrictions shall nm with the land and shall be binding on the DECARA~TS, their successors and assigns. and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the TOw'N. 8. If any section. subsection_ paragraph. clause, phrase or provision of these covenants and restrictions shall, by a Court of competentjurisdiction, be adjudged illegal, unlawful. invalid, or held to be unconstitutional. the same shall not effect thevalidit~~ of the covenants as a whole, or any other part or provision hereof other than that part so adjudged to be illegal unla~~ful. invalid, or unconstitutional. Richard Manzi, as Trustee Villa !\morosa. LLC By: Ke~~in B. Fagg ' ~gUFFO(,~c MAILING ADDRESS: PLANNING BOARD MEMBERS .~0 0 P.O. Box 1179 JERILYN B. WOODHOUSE ~ Southold, NY 11971 Chair y ~ OFFICE LOCATION: RICHARD CAGGIANO G ~ ~ Town Hall Annex KENN TH L. EDWARDS y~~.( ~,aO~ 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR Southold, NY Telephone: 631 786-1838 Fas: 831 786-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 29, 2004 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk Coy ~r~ty Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Major Subdivision of Oregon Landing Hamlet/Locality: Cutchogue S.C.D. P.W. Topo No.: See plat Zoning: A-C S.C. Tax Map No.: 1000-83-2-9.1 Major Sub._X_ Minor Sub.Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (3 copies)_X Road Profiles (1) Drainage Plans (1)_X_ Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) 1. One copy of EAF form as submitted by applicant. Waiver of Subdivision Requirements -See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: The proposed action is located within 500 feet of The Long Island Sound. SEQRA STATUS: 1. The project is an (X) Unlisted Action ( ) Type I Action ( )Type II Action 2. A (X) Negative Declaration ( )Positive Declaration ( )Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( )Yes (X) No 4. T'he proposed division has received approval from the Suffolk County Department of Health. ()Yes (X )No Comments: This proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2-9.1) into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale to the Town of Southold We request acknowledgement of receipt of this referral (X) Yes ( ) No Referral received 2004 by the Suffolk County Planning Commission and assigned File No. Sincerely, _ ~ `Jerilyn oodhb~e/~ / Chai erson `UFFOt,~ PLANNING BOARD MEMBERS p,0. Box 1179 JERILYN B. WOODHOUSE Chair ~ Town Hall, 53095 State Route 25 RICHARD CAGGL4N0 ~ Southold, New York 11971-0959 WILLL9M J. CREMERS aQ~. Telephone (631) 765-1938 KENNETH L. EDWARDS '4 ~ ~ Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Jamie Richter, Office of the Town Engineer From: Mark Terry N~ Senior Environmental Planner Date: September 16, 2004 Re: Oregon Landing SCTM 1000-83-2-9.1 Please review the following attached Road and Drainage Plat for compliance with your department. I cannot locate the past referral form, and one may need to be produced for future use. - ~ ~ ~ Submission Without a Cover Letter Sender: U~G~ 2, ~ ~,.5 ~ ~h r-l ~ i a ~ Subject: ~('P~a~ ~ ~~~~n~ SCTM#: 1000 - ~S' ~ - oZ - ~i Date: ~f I (o~ ` Comments: 7 _ ~ 6 . ~ e ~ ~e r~ ~ ~ "tis ~'P ~ iC~P`~ d J . 7Y/wry„- ~~cilffQ(~ Albert J. Krupski, President (Y YCQ/, Town Hell James King, Vice-President ti~ 53095 Route 25 Artie Foster ~ P.O. Box 1179 v' Southold, New York 11971.09.59 Ken Poliwoda w n~i d Peggy A. Dickerson ~Q\~ Telephone (631) 765.1692 1 Fax (831) 765.1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 26, 2004 Mr. Jeffrey Butler P.O. Box 634 Shoreham, NY 11786 RE: MANZI HOMES PROPOSED MINOR SUBDIVISON OF OREGON LANDING SCTM#83-2-9.1 Dear Mr. Butler: The Southold Town Board of Trustees reviewed the site plan prepared by W illiam Ludwig Jaeger II last dated June 6,.2004 and determined the proposed dwellings and. swimming pools to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. z If you have any further questions, please do not hesitate to call. Sincerely, Albert J. Krups~Jr., Presi ent Board of Trustees AJK:Ims S~r~~ /'77T Submission Without a Cover Letter Sender: JD H N CSU i Do ' MgNLI /~mcs /NG• Subject: ~lQ-EG'dIU L~Oi rj~qi ~ Vey p rsi,tiA~E ~Gq~/ Date: 9 ~ /s- Q 7 ~ Comments: ~ ~-~'Nnp~ ; /l~/~k. ~op,GS ar ~ ~ yam. , ~ ova, ~ ~l°~~ M811Z1 John Guido Vicc President of Operations Hoes I; ~ ~ ~ 701 Route 2SA r D Po ao, 702 1 5 2004 Rocky Point, NY 11775 (631) 744-1039 Faz (631) 744.0032 c,~uih0ld TOIMO Cell (Sib) 644-3557 -laanio BOarA PLANNING BOARD MEMBERS • ~gUFFO(,~c ~Q~' ~G P.O. Box 1179 JERILYN B. WOODHOUSE Chair C y~ Town Hall, 53095 State Route 25 Southold, New York 11971-0359 RICHARD CAGGIANO ~ ' ~ Telephone (631) 765-1938 WILLIAM J. CREMERS ~ Fax (631) 765-3136 MART N HE9 DORDS y~ol 1w ~aQ~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 1, 2004 Matthew Martin, Secretary Cutchogue Fire District P.O. Box 930 Cutchogue, NY 11935 Dear Mr. Martin: Enclosed please find one (1) site plan dated June 2002, for Oregon Landing, located n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchogue. SCTM# 1000-83-2-9.1 O The enclosed site plan is being referred to you for fire access / review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. c * ~ ~ ~f e u ac r~ Very truly yours, kb Li S ~ l~ev-~'1 ark T rry Sr. vironme Planner enc. ~ PLANNING BOARD MEMBE• ~~gUFFO(,~co • JERILYN B. WOODHOUSE ~0 P.O. Box 1179 Chair C y~ Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO y, • ~ Telephone (631) 765-1938 WILLIAM J. CREMERS G Fax (631) 765-3136 KEMART N HESDORDS y~~l ~ ~a~~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 2004 Mr. Joseph Manzi c/o Manzi Homes P.O. Box 702 Rocky Point, New York 11778 Re: Proposed Minor Subdivision of Oregon Landing Located n/o Oregon Rd., between Cox's La. & Bridge La., in CutchoguF~ SCTM#1000-83-2-9.1 Zoning: A-C Dear Mr. Manzi: The Southold Town Planning Board, at a meeting held on Monday, June 14, 2004, adopted the following resolutions: WHEREAS, the proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2- 9.1)into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale to the Town of Southold; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality-Review-Aet pursuant to 6 fJYCRR-Part 617; Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action; and be it FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the plat, dated & last revised on June 6, 2004, subject to the following condition: 1. The submission of a Tidal Wetland Permit from the New York Department of Environmental Conservation and the Southold Town Trustees for the action. Sketch plan approval is conditional upon the submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, five (5) paper prints and Oregon Landing -Page Two - 6/14/04 three (3) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $20,000 ($5,000 per vacant lot in the subdivision). The plat has been referred to the Suffolk County Planning Commission and the Cutchogue Fire District for review and comment. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Very truly yours, ~ Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator r • PLANNING BOARD MEM$ERS ~O~~gUFFO(,~cOG p, 0. Box 1179 Chair C y~ Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO y, T Telephone (631) 765-1938 WILLIAM J. CREMERS ~ Fax (631) 765-3136 MART N HESI OARRDS 'yi~~ * ~aQ`' PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 29, 2004 Mr. Joseph Manzi P.O. Box 72 Rocky Point, New York 11778 Re: Major Cluster Subdivision of Oreg ~n Landing (SCTM# 83.-2-9.1) Dear Mr. Manzi: The Planning Board has reviewed the plat dated as revised June 6, 2004 and the "Cross Easement" for the above referenced Major Cluster Subdivision. The following comments were made: / 1. The Plat must be titled "Major Cluster Subdivision of Oregon Landing". 2. The Site Area inset references that the ROW is apart of Pazce14; please edit to read Parcel 1. 3. The Parcel 5 reference which states " Pazcel #5 consists of 77% of the total areas ...and 66% of the entire property" is unclear. The statement is unnecessary, please delete. / 4. Include the acreage of the subdivision open space on the plat. ~ \ 3 5. The Notes inset item L• It is the understanding of the Planning Board that to mitigate the potential of erosion, the 50' buffer "setback from the top of Bluff ~'1 ' is an undisturbed buffer subject to periodic maintenance of dead and noxious ~V^'' , ' ~ ~ vegetation within the area. The proposed language does not state such. U Amend the language to reference the buffer as an "undisturbed buffer" and ~ that any clearing of vegetation other than maintenance of dead and noxious vegetation is subject to the approval of the Planning Boazd. As we discussed cleazing within this azea may be permissible with a erosion control and re- vegetationplan approved by the Planning Boazd. Include this language in a Covenant and Restriction. 6. The Notes inset item 2: Delete the language "clearing of natural vegetation ...will be allowed." 7. The Plat states that "R-40 is the zoning standard being used for this land division"; this is incorrect. The zone is R-80; omit all reference to the R- 40 zoning district. 8. The Planning Board is requesting a survival clause in the covenant and restrictions to insure that the relocated maples and pines noted on the Plat ~~`L~ survive for a period of two years post relocation. Include this language in a y Covenant and Restriction. 9. The Cross Easement must reference the tax map number, the proposed action, and a statement that the document will be recorded with the Suffolk County Clerk Office. 10. The Cross Easement does not reference the 10 foot wide easement to the Long Island Sound. Please add the necessary language in the Cross Easement or ~ include it within the separate Covenant and Restrictions. 11. The Cross Easement is also an agreement with the Town of Southold and must include an enforceability clause. Le. "These covenants shall be enforceable by the Town of Southold" The Planning Board is requiring a Road and Maintenance Agreement and a Covenant and Restriction Agreement be filed with the County Clerks office. Please submit a road and drainage plan and cost estimate for the right of way to help expedite the application. In addition the NYSDEC is now requiring SPDES General Permit for Stormwater Discharges from Construction Activity (GP-02-O1) for any construction affecting greater than 1 acre. Call the NYSDEC at 518-402-8265 prior to producing a road and drainage plan and for more information. Please call me with any questions at 631-765-1938. Sincerely, ark rry Senior Env' onmental Planner Cc: Planning Board ~ ~ M?' Submission Without a Cover L ~ ~ ~ J ~ 2004 UN 6 Sender: „~J dSEP ~ 1~1JZ-~ Souinold Town PlansngRCa~d Subject: ~~ps s 1? /i S€ /Y~•rTf ~ i~~ SCTM#: 1000 - Z~ I ~D p • J Date: L1 Comments: ~ ~y y-,~3y ~ i p ~~~ad~ ~D JUN 1 2004 Southold sown Planning Board H I C' r1 r? i r l r, • CROSS EASEMENT THIS AGREEMENT made this ~ day of u.n e , 2004 by e ,~oSc~~ CT. l`-14hz~ lY-re.~ccc<b~e rwJ+ dcz~ e~ 3 2E3--CG residing at , 9 R c c K 1~c< 1 I r . ~ -F-, rvy I ~ ~ ~ c`3 hereinafter referred to as OWNER; WITNESSETH: That for and in consideration of ONE and OOH00 (E1.00) DOLLAR, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: The OWNERS hereby grant to each parcel, their successors and assigns, guests and invitees, a perpetual easement and right of way for the ingress and egress, for gas, electric, cable TV, telephone, water mains and lines, and any and all utilities under, through and over, as described in Schedule "B", the subject premises for Lots I, ~ , 3, y , ~J of Subdivision at C"`~ n , ~~t~~'~ J~~ said lots are more particularly described in Schedule "A" attached hereto and made a part hereof, lying and being in the Town of Southold, County of Suffolk and State of New York, said easement and right-of-way is more particularly described in Schedule "B" attached hereto and make a part hereof. That OWNERS, their successors and assigns, guests and invitees, take the premises subject to the above described easement and right-of- wayand rights of others along said right~f-way. That this grant and easement shall, at all times, be deemed to be a continuing covenants running with the land and shall be binding upon the heirs, successors and/or assigns of the parties herein. b shall be the obligation of the then OWNERS of the subject parcel, their heirs, successors and/or assigns, to repair and/or maintain the said easement area. Each property owner shaft be required to pay a share of said maintenance and repair cost. In addition, the lot owners, their heirs, successors and/or assigns shall be equally responsible for the clearing of snow and maintenance of the easement and right-of-way, including but not limited to the maintenance of grass, trees, and bushes, if any. IN WITNESS WHEREOF, the parties hereto have caused their hands to be hereunto fixed, and these presents to be signed as of the day and year first above written. Joseph G. Manzi Irrevocable Trust Dated March 28, 2000 Richard Manzi, as Trustee ~~L~•edule ~ SUNRISE ABSTRACT' LLC. DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of Oregon Road where same is intersected by the division line between premises herein and land now or formerly of Joseph K. Swiatocha; Said point being the southwesterly corner of premises. RUNNING THENCE, along said land of Joseph K. Swiatocha, the following two (2) courses and distances; 1) North 48 degrees 53' 00" West, 484.00 feet;J 2) South 61 degrees 26' DO" West, 180.00 feet; THENCE North 48 degrees 53' 00" West, along said land of Stevenson, 1516 feet to the highwater line of Long Island Sound; THENCE North 71 degrees 26' 42" East, along the highwater line of Long Island Sound, 742.09 feet to land formerly of Baxter & Krupski, now or formerly of S.B. Silleck; THENCE South 47 degrees 44' 00" East, along said land,? 1850.00 feet to the northerly line of Oregon Road; THENCE South 61 degrees 26' 00" West, along the northerly line of Oregon Road, 465.30 feet to the point or place of~ BEGINNING. • Sc~,ed~~~f_ Metes and Bounds Description Of the 25 foot wide right of way Over the Land Division Map of Oregon Landing Situate in the Town of Southold, County Of Suffolk, New York Suffolk County tax map # 1000-83-2-P/O 9.1 Beginning at a point on the Northwesterly side of Oregon Road at the Southeasterly corner of the land division Map of Oregon Landing; running thence Southwesterly from said point of beginning along the Northwesterly side of Oregon Road S 61 ° 26' 00" W 26.48' to Parcel 5 on the Land division Map of Oregon Road; running thence Northwesterly and Westerly through said lot 5 N 47° 49' 00" W 1,318.41' and S 71° 26' 42" W 512.07' to the cul de sac of this right of way; running thence in a clockwise fashion around the cul de sac of this 25 foot right of way along a curve to the left having a radius of 20.00' and a length of 32.85' and along a curve to the right having a radius of 50.00' and a length of 239.19' to Parcel 1 on the Land Division Map of Oregon Landing; running thence Easterly along said Parcel 1 and along parcels 2, 3 and 4 on the Land Division Map of Oregon Landing N 71 ° 26' 42" E 596.54' to land now or formerly of Blados and Shalvey; running thence Southeasterly along said land of Blados and Shalvey S 47° 49' 00° E 1.,341.79' to the Northwesterly side of Oregon Road and the point or place of beginning, containing within said bounds 1.27 acres. . i • State of New York) ss: County of Suffolk) On the P day of ,Tu-, a in the year 2004 before me, the undersigned, a Notary Public in and for said State personally appeared R c h~1r d A-~ anz' personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. FREDERICK J. NAPOLITANO omqrye Pp.ublic. State of New Yak N Q~Ned inCSuRoNc Cotxrh?9 ~o(y ~ Canmfesion Expires Match 24, Notary Public r P~IJERIIiYN BowoODMOEMBE• o~~$UFFO(,~coG • P.O. Box 1179 Chair C~ y~ Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO ~ • Telephone (631) 765-1938 WILLIAM J. CREMERS G Fax (631) 765-3136 KENNETH L. EDWARDS MARTIN H, SIDOR Ol ~ ~a0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant June 14, 2004 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Major Cluster Subdivision of Oregon Landing SCTM#: SCTM#1000-83-2-9.1 Zone: A-C Location: Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2-9.1) into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres upon which Development Rights will be sold to the Town of Southold. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. The Town of Southold will acquire a Development Right Easement upon 17.02 acres. A total of 4 lots are proposed: 4 residential and 1 as open space. The determination was based upon the following: r • • SEAR Neaative Declaration - Paae Two Although the site itself is not specifically connected to public water, public water is expected to be supplied via a private agreement between the applicant and the Suffolk County Water Authority. It is estimated that the 4 proposed residential lots will use approximately 1,200 gallons of water per day. Sanitary disposal within the proposed subdivision will be managed by on- site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Dispose l Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: Sinale family dwellina 300 gpd x 4 dwellings = 1,200 gpd Therefore, the proposed application would conform with Article VI of the Suffolk County Sanitary Code and would not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; nor are a substantial increase in solid waste production; flooding, leaching or drainage problems expected to occur if the proposed action is implemented as planned. The projecTed is located -adjacerit to the Lorig Island Sound bluff. ecosystem. Within this area, the bluff is highly erosive and unstable. The clearing of vegetation and grading will result in an increase in potential for erosion. The Planning Board is therefore, requiring anon-disturbance 50 foot vegetative buffer landward from the top of bluff and a 100 foot non- structural buffer landward from the top of bluff to mitigate expected impacts. The topographic elevation on site ranges from approximately sea level to 65 feet above msl. The minimum depth to groundwater is greater than 17 feet. The depth to groundwater on site is not expected to have significant constraints on the location of septic systems within the proposed residential lots, as the building envelopes are located at a minimum r • • SEAR Negative Declaration -Page Three elevation of approximately 60 feet above msl and groundwater is located greater than 17 feet from the surface. Due to the highly erosive bluff ecosystem and the intent of the Planning Board to mitigate visual impacts to the Oregon Road scenic view shed; clearing will take place within the subdivision in accordance with an approved clearing and re-vegetation plan. Therefore, no significant removal or destruction of large quantities of vegetation is expected to occur. Correspondingly, no substantial interference with the movement of any resident or migratory fish or wildlife species nor impacts on a significant habitat area are expected to occur. The New York Natural Heritage Program was contacted to determine if there was any record of rare plants or wildlife in the vicinity. No response was received and it is presumed that no occurrence records exist for the site. Therefore, no substantial adverse impacts on a threatened or endangered species of animal or plant are expected to occur. The project is located in th-~ area adjacent to the Long Island Sound. The New York State Departmrant of Environmental Conservation is requiring a Tidal Wetland Permit for the action. The proposed action is not in a significant material conflict with a community's current plans or goals as officially approved or adopted. The parcel is in agricultural use therefore, the proposed action is not expected to impair the character or quality of important historical or archaeological resources. The parcel is unimproved, no architectural impacts will occur. Impacts to the view shed from Oregon Road, north will be minimized through the perpetual preservation of 17.02 acres coupled with the establishment of vegetative buffers on the southern lot boundaries of the ___residential lots_ Therefore ,,.impacts tq, the aesthetics of the community, or neighborhood character will be minimized. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health is expected to occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The creation of 4 residential lots on and the preservation of 17.02 acres of agricultural lands will not cause a significant change in the use of the parcel and intention of the Agricultural Conservation Zoning District. Minimal loss of agricultural lands (soils) will occur as a result of this proposal. SEAR Negative Declaration -Page Four Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Senior Environmental Planner Address: Planning Board Telephone Number: (631) 765-1938 cc: Sherri Aicher, DEC Stony Brook Walter Hilbert, Suffolk County Dept. of Health John Milazzo, Esq., Suffolk County Water Authority Suffolk County Planning Commission Elizabeth Neville, Town Clerk App~icant - Submission Without a Cover Letter e Sender: ~ q ~ ,j Subject: g3 ~ ~ SCTM#: 1000 - D ~ ,,D ,J Date: ~ I © JUN - 7 204 Southold Town / Pla~~ln& Boar Comments: M ~ PLANNING BOARD MEMBE~ ~OgUFFO~,~~o JERILYN B. WOODHOUSE .r~ P.O. Box 1179 Chair C y~ Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO ~ • Telephone (631) 765-1938 WILLIAM J. CREMERS O Fax (631) 765-3136 KENNETH L. EDWARDS MARTIN H. SIDOR ~Ol ~ `~~O PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 11, 2004 Mr. Joseph Manzi Go Manzi Homes P.O. Box 702 Rocky Point, New York 11778 Re: Proposed Minor Subdivision of Oregon Landing Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue SCTM#1000-83-2-9.1 Zoning: A-C Dear Mr. Manzi: The Southold Town Planning Board, at a meeting held on Monday, May 10, 2004, adopted the following resolutions: WHEREAS, the proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2 ~.1) into five lots where Parcel 1 will equal 81,039 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 18.28 acres of which 15.97 acres is proposed for a Development Rights Sale to the Town of Southold; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617, Section 617.7, establishes itself as lead agency for the proposed action; and be it FURTHER RESOLVED, that a determination of significance pursuant to the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617 cannot be made due to outstanding information necessary to evaluate the action. Please contact this office if you have any questions regarding the above. Very truly yours, ~ce~/ Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator PLANNING BOARD MEMBERS OSUFfO~~C JERILYN B. WOODHOUSE ~~0~ GGy P.O. Box 1179 Chair C ~ Town Hall, 53095 State Route 25 y .Southold, New York 11971-0959 RICHARD CAGGIANO y, ~ Telephone (631) 765-1938 WILLIAM J. CREMERS ~ • ~ Fax (631) 765-3136 MART N HE IDORDS y~~l ~t ~a~~ Apri121, 2004 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Joseph Manzi C/o Manzi Homes P.O. Box 702 Rocky Pbint, New York 11778 Re: Proposed Minor Subdivision of Oregon Landing Located n/o Oregon Road., between Cox's La. & Bridge La., in Cutchogue SCTM# 1000-83-2-9.1 Zoning: A-C Dear Mr. Manzi: On Friday, April 9, 2004 Mazk Terry, the Senior Environmental Planner performed a site 1 visit of the property on which a minor subdivision is proposed. In addition the Planning Board has reviewed the application at several past worksessions. The Planning Boazd has determined that the subdivision is a cluster subdivision. Please refer to the subdivision in all future correspondence and plats as the "Minor Cluster Subdivision of Oregon Landing". In addition, the Planning Board has determined that the following items must be addressed: 1. Slopes greater than 15 percent were found on-site which were not shown upon the plat. Pursuant to Section 100-13 slopes greater than 15 percent must be deducted from the buildable land azea defined as; BUILDABLE LAND The net area of a lot or parcel after deducting wetlands, streams, ponds, slopes over fifteen percent (15%), underwater land, easements or other restrictions preventing use of such land for construction of buildings or development. Therefore, show calculations for Buildable Land and subdivision open space for the pazcels including: i. Total lot area for each lot (parcel). ii. Total Buildable Lands as defined above for each proposed lot (parcel). iii. Total subdivision open space equal to the area deducted from each lot (parcel) pursuant to the Buildable Lands definition above. The right of way must be attached to one Parcel and deducted from that pazcel acreage. The Planning Board recommends Parcel 1. The subdivision open space will be required to be deducted from the open space offered to the Town of Southold. No compensation will be paid for the subdivision open space. / 2. Please include the Coastal Erosion Hazazd Line on the plat./ 3. Upon attaching the right-of--way to Parcel 1; a Right of Way Easement and/or Road and Maintenance Agreement will be required for theright-of way. Please submit an agreement for review. 4. Erosion controls aze used to reduce the amount of sediment that is detached during construction and to prevent sediment from entering runoff. Erosion control is based on two main concepts: (1) disturb the smallest area of land possible for the shortest period of time, and (2) stabilize disturbed soils to prevent erosion from occurring. A covenant and restriction will be required to reduce erosion and, to the extent practicable, retain sediment onsite during and after construction, and prior to land disturbance. The Planning Board will require that the applicant prepare and implement an approved erosion and sediment control plan or similar administrative document that contains erosion and sediment control provisions. To minimize erosion upon the highly erosive, unstable bluff ecosystem, only one kL common access to the beach and stairway will be permitted. Please amend the k.,` map to show one common beach access and access to and from each lot to the ~ a c common beach access. In addition, the Planning Board is requiring that limited clearing of vegetation be permitted to the north, east, west and south of each building envelope. The clearing restriction on the azeas north, east and west of the building envelope limits will preserve existing habitat, reduce fertilizer and chemical loads in groundwater, reduce water use through limited irrigation, preserve the rural viewshed of Oregon Road and prevent the potential of exacerbating erosion on and adjacent to the bluff ecosystem. The southern clearing restriction will accomplish all of the above while providing a visual screen (vegetated buffer) for the new home construction that would protect the viewshed to the north from Oregon Road. These conditions will be required in a Covenant and Restriction. 5. The building envelopes as shown upon Pazcel 1 through 4 extend seaward of the top of bluff line. Please amend building envelopes to show the northern limit of each building envelope at 100 feet landward of the top of bluff line. The Planning Boazd is requiring that no structure be proposed or permitted within 100 feet from the top of bluff line without a grading plan approved by the Office of the Town Engineer and the Planning Board. In addition, no clearing will be permitted Y within this area as discussed above. These conditions will be required in a Covenant and Restriction. 6. The action will require a Tidal Wetland Permit from the New York State Department of Environmental Conservation and a permit from the Town of Southold Trustees. ' Upon agreement of the above mitigative measures, the Planning Board will issue a determination pursuant to the New York State Environmental Quality Review Act. If you have any questions please do not hesitate to contact me at 765-1938. Sincerely, ark T~ ry Senior Environmental Planner Cc: Planning Board Melissa Spiro, Land Preservation Coordinator ~ ~ M/ New York State Department of Environmental Conservation _ Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0403 FAX: (631) 444-0360 - LEAD AGENCY COORDINATION RESPONSE March 3, 2004 Mark Terry Town of Southold Planning Board P.O. Box 1179 D ~ ~ ~ 0 U ~ n Southoid, tJY i 197 i ( Q Re: LEAD AGENCY COORDINATION REQUEST MAA - 2004 Proposed Major Subdivision Oregon Landing Southold Town Southold, NY 11971 PlanningBaar~+ SCTM# 1000-83-2-9.1 Dear Mr. Terry: This letteris in responseto yourLead AgencyCoordination RequestofFebruary 10, 2004 regarding lead agency coordination forthe above project pursuant to the State Environmental Quality Review Act (SEQRA) ofthe Environmental Conservation Law and it's implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please advise the applicant that proposed subdivision will require a Tidal Wetland Permitfrom this Department. If you have any questions, please call me at 631-444-0403. Sincerely, . Sherri Aicher Environmental Analyst P~dERINYN BO OODHOUBE • O~OSUFFO(~COG P.o. sox 117s Chair ~ y~ Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO y, T Telephone (631) 765-1935 WILLIAM J. CREMERS O Fax (631) 765-3136 KEMAR IN HESIDORDS y~~ ~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 10, 2004 Mr. Joseph Manzi c/o Manzi Homes P.O. Box 702 Rocky Point, NY 11778 RE: Proposed Minor Subdivision of Oregon Landing Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue SCTM#1000-83-2-9.1 Zoning: A-C Dear Mr. Manzi: The Southold Town Planning Board, at a meeting held ari Monday, February 9, 2004, adopted the following resolution: WHEREAS, the proposed action involves the subdividing of a 25.79 acre parcel into five lots, where Lot 1 = 81,039 sq. ft., Lot 2 = 81,016 sq. ft., Lot 3 = 75,738 sq. ft., Lot 4 = 70,383 sq. ft. and Lot 5 = 18.28 acres of which 15.97 acres are proposed for the Sale of Development Rights to the Town; and WHEREAS, on August 28, 2003, the Southold Town Board adopted Resolution No. 540 of 2003 approving a conditional waiver from Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No.13 of 2003 for the proposed action; therefore be it RESOLVED, that the Southold Town Planning Board start the SEOR lead agency coordination process for this Unlisted Action. If you have any questions, please do not hesitate to contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator PLANNING BOARD MEMBERS ~OgUFFO(,~c JERILYN B. WOODHOUSE .Z.~ P.O. Box 1179 Chair p y~ Town Hall, 53095 State Route 25 ~ Southold, New York 11971-0959 RICHARD CAGGIANO y WILLIAM J. CREMERS O ~ ~ Telephone (631) 765-1938 KENNETH L. EDWARDS y ~ Fax (631) 765-3136 MARTIN H. SIDOR SDI ~ ~a0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 10, 2004 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Major Subdivision Oregon Landing SCTM#1000-83-2-9.1 Requested Action: The proposed action involves the subdividing of a 25.79 acre parcel into five lots, where Lot 1 = 81,039 sq. ft., Lot 2 = 81,016 sq. ft., Lot 3 = 75,738 sq. ft., Lot 4 = 70,383 sq. ft. and Lot 5 = 18.28 acres of which 15.97 acres is proposed for the Sale of Development Rights to the Town. The project is located n/o Oregon Road, between Cox's Lane and Bridge Lane, in Cutchogue. SEQRA Classification: ()Type I (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 243 Page 2 Lead Agency Coordination Request The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: (X) This agency wishes to assume lead agency status for this action. ( )This agency has no objection to your agency assuming lead agency status for this action. (X) Other (see comments below) Comments: The proposed developable area is adjacent to the Long Island Sound. Please feel free to contact this office for further information. Very truly yours, Jerilynyn B. Woodhouse Chairperson cc: Joshua Y. Horton, Supervisor Southold Town Board Patricia Finnegan, Town Attorney Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Suffolk County Department of Health Services *NYSDEC -Stony Brook, Sheri Aicher NYSDEC -New York Natural Heritage Program -Albany *Suffolk County Water Authority, John Milazzo, Esq. *Maps are enclosed for your review Enc. - ~ ~i ~l PART 1-PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant of on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be tonsid as part of the application for approval and may be subject to further verification and public review. Provide any additi informatiomyou believe wiH 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 Inv new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spr each instance. _ ~ NAME OF ACTION ~ _ ' LOCATION OF ACTION (include Slrael Address, Municipality and County) NAME OF APPUCANTISPONSOR - ~ - BUSINESS TELEPHONE TE ~ l ' 1 ADDRESS ~n{ " f~Q~. J GTY/PO ~ ~ Sr~TE LP CODE NAME OF OWNER pf dlllerenq ~ - ~ BUSINESS ELEPHONE l 1 ADDRESS r,RY1PO STATE LP CODE DESCRIPr10N OF ACTION Please Complete Each Question-indicate N.A. if not applicable A. Site Description Physical setting of overall projecC both developed wind. undeveloped areas. 1. Present land use: ?l)rban ?Industrial OCommercial esidential (suburban) ORurai (non•i OForest (]Agriculture . ?Other 2. Total acreage of project area: zcres..: _ APPROXIMATE ACREAGE PRESENTLY AFTER COMPlET1C Meadow or Brushland (Non-agriculturap ~ acres ~ au S 8.S acres a'• O ac Forested Agricultural (Includes orchards, cropland, pasture, etc.) acres ac Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres ac Water Surface Area acres ac Unvegetated (Rock, earth or filq acres ac ac Roads, buildings and other paved aurfaces acres 3 ~s3 _ ac other (indicate type) nrOSc.AO~D acres 3. What is predominant soil ty s) on project sitel 'SrDiG. SA/J.~ ~ ~~A a. Soil drainage: ell drained ~~,.L % of site ?Moderately well drained T- of site ?Poorly drained % of site - b. If any agricultural land fs involved, how many acres of soil are classified within soil group 1 through 4 of th land Classification SysteinT arres. (See 1 NYCRR 370) 4. Are there bedrock outcroppings on project sitet OYes a. What Is depth to bedrockt (In feet) - _ ~ ~ • S. Approximate percentage of proposed project site with slopes: YJO.1 ° 'Q 010-15% ; 6. Is project substantially contiguous to, or c~on~in a building, site, or district, listed on the State' or the Nation; Registers of Historic Places?.'. OYes tlTJo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ?Yes tGN 8. What is the depth of the water tablet ~ (in feet) . 9: Is site located over a primary, principal, or sole source aquifer? es ONo 10. Do hunting, fishing or shell (ishing opportunities presently exist in the project area? ?Yes ?No 11. Does project site c ain any species of plant. or animal life that is identified as threatened or endangered OYes ~ According to Identify. each species 12. Are there any uniqu/°r unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations OYes I?(Jo Describe 13. Is the project site esently used by the community or neighborhood as an open space or recreation area OYes ~ If yes,. explain 1A. Does the present si include scenic views known to be important to the community? OYes o J,~ 15. Streams within or contiguous tb project area: ~+~l~ a. Name of Stream and name of River to which it is tributary 16. lakes, ponds; wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? es ONo ~ a) If Yes, does sufficient capacity exist to allow r<onnection7 Cf5'es ONo b) If. Yes, will improyementr. be necessary to allow connections ?Yes o 18. Is the site located in an agricultura_l~trict ceRified pursuant to Agriculture and Markets Law, Article 25-M, Section 303 and 3041 (7Yes ~No 19. Is the site located in or substantially contiguou_s~a Critical Environmental Arez designated pursuant to Article 8 of the ECL, andb NYCRR 6171 - OYes HNo 20. Has the site ever been used for the disposal of solid or hazardous wasters OYes BNo B. Project Desc~tption Physical dimensions and scale of project (fill in dimensions as aPPropriate) a. Total contiguous acreage owned or con rolled by projectsponsor ~ acres. -b. Project acreage to be developed: ~ acres Initially; acres ultimately. c. Project acreage to remain undeveloped ~1•y acres. d. Length of.project, in miles: ~_(If appropriate) e. If the project is an expansion, indicate-percent of expansion proposed °iG; f. Number of off-street parking spaces existing ;proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential Number grid type of housing units: One Family Two Family Multiple Family Condominium initially Ultimately I. Dimensions (in feeU of largest proposed structure helghq ~ width; ~ length. Linear feet of frontage along a-public thoroughfare project will occupy isP ft. 2. How much natural material (i:e., ,rock, e~arth~, etc.) will be removed from the site? ~ tons/cubic yard: 3. Will disturbed areas be reclaimedi B'Pes ?No ON/A - a. If yes, for what intended purpose is the site being r~e laimedi ~iQ~~GScA®~/V~, b. Will topsoil be stockpiled for reclamationt L7Yes ~ O~No c. Will upper subsoil be stockpiled for reclamationf I~Yes ?No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from sitef f~ • ~ acres. 5. Will any mature f t (over 100 years old) or other locallyimportant vegetation be removed by this projecti ?Yes o 6. If single phase project: Anticipated period of construction l f months, (including demolition). _ 7. If multi-phased: a. Total number of phases, anticipated (number). b. Anticipated date of commencefrment phase 1 month year, (including demolition c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phasesl ?Yes ?No 8. Will blasting occur during construction? ?Yes C3No 9. Number of Jobs generated: duririg'COnstruction after project is complete [Z_. 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilitiesi~ ?Yes efNo If yes, explain 12. 'Is surface liquid waste disposal involved? ?Yes HNo a. If yes, indicate type of waste (sewage, industral, etc.) and amount b. Name of water body into which effluent wiS be discharg_ed~ 13. Is subsurface liquid waste disposal involvedi ?Yes 1dNo Type ~ ~ 14. Wlil surface area of an existing water body increase or decrease by proposal? OYes IdfVO Explain 15. Is project or any portion of project located in a 100 year' d plain? ?Yes o 16. Will the project generate solid waste? ?Yes o , a. If yes, •what is the amount per month tons " b. If yes, will an existing solid waste facility be used? OYes ONo G If yes,. give name ;location d. Will::any wastes not-go into a sewage disposal system or into a sanitary landfill? . OYes ?No e. If Yes, explain 17. Will the project involve-the disposal of solid waste?„ OYes IQNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? yea/rs. 18.' Will pro{ect use herbicides or pesticides? ?Yes ~ 19. Will project routinely produce odors (more than one hour per day)? OYes la1Vo 20. Will project produce operating noise exceeding the loc//al ambient noise levelsf OYes ISO 21. Will project result in an increase in energy use? HYes ONo If yes., indicate type(s) ~t e~c'T.C 22. If water supply is from. wells, indicate pumping capacity., gallons/minute. 23. Total anticipated water usage per day / ~n gallonslday. 24. Dces project involve local, State or Federal fundingt OYes hflo _ If Yes, explain 4 r 25. Approvals Required: Submits, TYPe Dale .City, Town, Village Board C~Yes ONo ~ ~t t,/S/ City, Town, Village Planning Board, fJYes ?No Si7~ s.4l~/ City, Town Zoning Board fd'~es ?No.., ~U,~~~?l5/J/`~l City, County Health Department ICiYes ?`~No ~ ~Ar/~T S~S rnrhS Other Local Agencies ?Yes L~JPIo . . Other Regional Agencies, ~ ?Yes 3No State Agencies f lies ?No ,[~6T~ Federal Agencies ?Yes l~lo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? HYes ?No If Yes, indicate decision required: ?zoning amendment ?zoning variance Ospecial use permit ubdivision ?site plan ?new/revision of master plan ?resource management plan ?other 2. What is .the zoning classification(s)of the sisal ~ 3. What is the maximum potential development of the site if developed as permitted by the present zoningl A. .:What fs the proposed zoning of'.the sisal 5ltl/r~E- 5. What is the maximum potential development of the site iF developed as permitted by the proposed zoningl SaOJ~JE 6. is•the proposed action consistent with the recommended uses in adopted local land use plansT es C 7. What are the predominant land uie(s) and zoning classifications within a rf. mile radius of proposed actionl . . rGUL -5 trp e. Is the proposed action compatible with adiolningfsurrounding land uses within a miler es C 9. L' the proposed anion is the subdivision of lands 'how many lots are proposedT. a. What is the minimum lot size proposedi r~•aa ~ c-l~-6~ - 10. Will proposed actlon require any authorization(s) for the formation of sewer or water districts) f7Yes O 11. Will the .proposed actlon create a demand for any community provided services (rec anon, education, poi fire protection)? OYes aNo a, if yes, is existing capadty sufficient to handle projected demandT es ONo 12. Will the. proposed action result in the generation of traffic significantly above present levels) ?Yes' d a. If yes, is the existing road network adequate to handle the additional traffic) OYes ?No D.. Informational petalls . Attach any additional information as may be needed to clarify your project. If there are or may be any advr impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigstr avoid them. , E. Verification I certify that the information pro4fded-above is true to the best of my knowledge. ~~F,eca. T. Date Applicantl5ponsor Name ~ u aze~ r d' • 6 ~ 3-D a- Slgnature Title If the action It In the Coastal Area, and-you ue a state agency, complete the Coastal Assetsment Form before proceed with lhlc atsettment. - ~ ~ Sub~~ilsslon Wllhoul a Cover Lefler ~9uLject: ~~rL,-O/? L /~,e/J /,ul SCTM#: 1000- ~,j ,2 - c/4 Date: ~~~?~/j~ 3 p~~~i~~ Coan.ments: ~i D SEP 1 8 2003 Southok krni flanni BasrA D D PART 1-PROJECT INFORMATION ~8 2~3 Prepared by Project Sponsor SEPNn )CF this d cum nt is designed to assist in determining whether the action proposed nay Have a significant effec on the enviro~m nt. ease complete the entire form, Parts A through E. Answers to these questions wii( be considere~ $otlffid~FTd e applicati n for approval and maybe subject to further verification and public review. Provide any addltiona pt~{rp' BdardT ou ' e wiii be needed to complete Parts 2 and 3. It is expected that completion of the full EAF wi71 be dependent on information currently available and will not involy new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif each instance. NAME OF ACTION F.GG L,I~ i~iad(~ LOCATION OF ACTION (Include Street Addreys~s, Munlclpallly and County) S O~ ~p N T`. T )2~ ~ ~ O NAME OF APFLfCANTiSPGNSOR BUSINESS TELEPHONE 1' c"331 '°t9c~ ADDRESS CITYfPO ~ STATE ZItP CODE ~ ~ / ~~7 NAME OF OWNER (If differenq ~ BUSINESS ELEPHONE 6 US A Zfs ' Oo:a ( ) ' - ADDRESS ~d F~ O~ CfTY/PO STATE ZIP CODE ~ D if DESCRIPTI N OF ACTION P2cyPo~ Z.r~~r~ oivtStaW o~r. 25.^gi J><crc~5 rN~ ~t~ f'ARCt'L5 w;~rr~ A 25' 121~FtTO~ lAh4~. Fal~crJts ~N~ "tlfRcv~}{ f-r~- sttqu. Pub rmPRo'~ED iul1LN sruc;t,E Ramfty D;,ue1,ErA1GS AA/A Dklvt~~}y5. PAGzc~i. ~,-tv~ o~ g6°i, ai, -rte ~emt.rtnra ov sDb~irL~ wiu, FS~ PQ~S~v~p. Please Complete Each Question-Indicate H.A. if not applicable A. Site Description Physical setting of overall project both developed and undeve{oped areas. 1. Present land use: ?Urban ?Industria ?Commerciaf ~Residentiaf (suburban) ?Rural (non-faro ?Forest ?Agriculture OOther 2. Total acreage of project area: `f.-5."1~ acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) l.[;.5 acres I+roS acres Forested x,44 acres .06 acres Agricultural (Includes orchards, cropland, pasture, etc.) /'$•ir$ acres f'1.G2 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) - acres acres Water Surface Area - acres acres Unvegetated (Rock, earth or fill) - acres acres Roads, buildings and other paved surfaces C~ acres ~•q acres Other (Indicate type)- i_RNDS~PE ~ 242 acres 5•I~ acres 3. What is predominant soil type(s) on project site? QY-~irirnf LGamJ O~u,~~h-~~i~;;a~f~yi~ ,.i._ J~sn)l a. Soil drainage: QWell drained ~tn~ % of site ?Moderately well drained % of site ?Poorly drained % of site b. If any agricultural (and js invo(yed, how many acres of soil are classified within soil group'! through 4 of the N Land Classification System? 11 acres. (See ~ NYCRR 370). 4. Are there bedrock outcroppings on project site? ?Yes ~No a. What is depth to bedrockt (in feet) 2 S Approximate percentage of proposed project site with slopes. (~0-10% Co % 010-1 S% ?15% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nationa_I Registers of Historic Places? ?Yes ~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ?Yes L~No 8. What is the depth of the water table? ~2-~ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Yes ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 1~`fes ?No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ?Yes I~IJo According to Identify each species _ 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations). Yes ?No Describe ~Jnl'~eS L6Cfk'i2T_D Tri_~-1}G. t GnU-n7- ....5x {Jp~JrsrT <r~ 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 l~No 15. Streams within or contiguous to project area: -~a(~A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name ~~1 b. Size (In acres) 17. Is the site served by existing public utilities? ?Yes C~No a) If Yes, does sufficient capacity exist to allow connection? ?Yes ?No b) If. Yes, will improvementr be necessary to allow connection? ?Yes ?No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ?Yes ?No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6171 ?Yes ?No ' 20. Hzs the site ever been used for the disposal of solid or hazardous wastes? ?Yes (~No 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 ~S.T~ acres. b. Project acreage to be developed: acres initially; Z•~' ,nacres ultimately. c. Project acreage to remain undeveloped l~.~iZ acres. d. Length of project, in miles: (If appropriate) e. ~If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing O ; .proposed ~ g. Maximum vehicular trips generated per hour 2 (upon completion ofproject)? h. If residential: Number and type of housing unitr: One Family Two Family Multiple Family Condominium Initially ~ Ultimately r-F i. Dimensions (in feet) of largest proposed structure '35 height; Q width; im length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ' ft. 3 2~ How much natural material (i. e., rock, earth, etc) wrll be removed from the site? Q tonslcubic yards 3. Will disturbed areas be reclaimed? l~Yes ?No ?N/A a. If yes, for ~•vhat intended purpose is the site being reclaimed? ~JL1.UA)f S- .1U' ~Lk11s7D5C~-P.S b. Will topsoil be stockpiled for reclamation? ?Yes ?No c. Will upper subsoil be stockpiled for redamatio;,? 'Yes DNc 4 How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? 5•~~ acres- - 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ?Yes ?No 6. ff single phase project Anticipated period of construction IZ. months, (including demolition). _ 7 If multi-phased: a. Total number of phases anticipated (number). b. ?.nticipated 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? OYes -C~No - 9. Number of jobs generated: during construction ~ ;after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ?Yes ~No If yes, explain 12. Is surface liquid waste disposal involved? ?Yes f~No a. tf 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? C~,Yes ?No Type 1'i`EUmtetp2.V ~li~)rwn~r jgerEant~ I 14. Will surface area of an existing water body increase or decrease by proposal? ?Yes L~dNo y5~ Explain 16. Is project or any portion of project located in a 100 year flood plain? ?Yes o 16. Will the project generate solid waste? ®,Yes ?No a. If yes, whaf is the amount per month tons b. If yes, will an existing Csolid w-~as-te facility be used? QYes ?No c. If yes,. give name ~l~E~Ln location -~r>-rvbt5l d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? (Yes ?No e. If Yes, explain _ 12±w~~ t ~1sS 17. Will the project involve the disposal of solid waste? @3Yes ?No a. !f yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? I'.A years. 18. Will project use herbicides or pesticides? ~fYes ?No 19. Will project routinely produce odors (more than one hour per day)? ?Yes C~No 20- Will project produce operating noise exceeding the local ambient noise levels? ?Yes ~No 27. WiH project result in art increase in energy use? fJYes ?No If yes ,indicate type(s) ~'L1?r_R'~U GgS n,0 Otf~ 22. If water supply is from wells, indicate pumping capacity. ti/C1 gallonslminute. - 23. Total anticipated water usage per day ~i2.~ gallons/day. 24. Does project involve Local, State or Federal funding? (]Yes f~No If Yes, explain 4 4S. P.pprovals P,cq~ired'. Submittal Type Date lity. Town. Viaee Board Yes QNO f-~N17 't7iV 5ier'J City, Town, Village Planning Board EZJYes ?No 1-l+Nh PS~ViSicr+.J City, To~.vn Zoning Board Yes []No f~~'V 1`;1[f"J City, County Health Cepartment C~dYes ONo Ll~nri? (~7i Vt~i O'J _ Other Local Agencies OYes L~No _ Other Regional Agencies ?Yes C'>~No State Agencies ?Yes C7No Federal Agencies ?Yes f~No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? (Yes ?No tf Yes, indicate decision required: ' ?zoning amendment ?zoning variance ?special use permit subdivision ?site plan ?new/revision of master plan Qresource management plan ?other 2. What is the zoning dassification(s)of the site? ~-al (P.t1~ 3. What is the maximum potential development of the site if developed as permitted by the present zoriing? FY3 ~ C C ~J Ci^5'~ S ~7 iv I~ `ht.u1W'n)t~ rroF 4aAfY~ t~2Mr~ttc..,r-~ ~r.IStrttri' r~~o~1 4: -What is the proposed zoning of .the site? XI)g 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? iJ~A 6. is the proposed action consistent with the recommended uses in adopted local land use plans? Wes ?No 7. What are the predominant {and use(s) and zoning classifications within a Y mite radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y. mile? l~1'es ?No 9. If the proposed action is the subdivision of land; how many lots are proposed? €JJE a. What is the minimum lot size proposed? -70.:x,3 5,~, 10. Wil( 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)? ?Yes f3No a. If yes, is existing capacity sufficient to handle projected demand?.._.__,~Yes ?No I f ~ Utl Y 12. Wili the.pioposed action result in the generationof traffic signfi ~ IA~a~o~ye,~ptt~s~t levels? ?Yes- 1~INo a. If yes, is the existing road network adequate to handle exnf~tl~Gf~4cf 'Y\Y l~Yes ?No h/ a ~ j D. Informational Details nlr- ~ dn.~~~ ~ Attach any additional information as may be needed to clar~~~^y ~ ` f+~ e're at~ or may be any adverse impacts associated with your proposal, please discuss such impacts ~ he s vrhj~hiY~15u propose to mitigate or avoid them. t+~ '~""kc ~ E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/5 sor am- w~ rJS E.(.L ihlt t Date Sc~ Z~"? Signature Title ~~~~"+~'2- ~~-bc if the action tin the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this atsessment. 5 PLANNING BOARD MEMBERS OgUFFO(,~c BENNETT ORLOWSKI, JR. ~ P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 ~ Southold, New York 11971-0959 RICHARD CAGGLANO y, • ~ Telephone (631) 765-1938 WILLIAM J. CREMERS ~ Fax (631) 765-3136 MART N HESIDORDS y~01 ~ ~aO~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 16, 2003 RE: Proposed Minor Subdivision Located 13945 Oregon Landing SCTM# 1000-83-2-9.1 Zoning District: Dear Manzi Homes: Enclosed please find check number 14136, in the amount of $2,000.00, regarding the above-referenced application. The check you submitted is no longer valid. Please contact this office if you have any questions. We apologize for this inconvenience. Very truly yours, ~~e~ 4An~L T...... v 14136 MANZI HOMES, INC. 1 P.O. BOX 702 ROCKY POINT, NY 11778 O O 50-546/274 TO THE ~W l~ ©1 ~Jl~~ `CY. ~ ~ ao W~ ~17 ~1~ L Y II~~ y~~EJO-J DOLLARS 8' a••m=.. TFiH 6UFF0~-1LKlC~O~UN-TY-NATIONAL HANK /1/~~.~r ~o rrooVi[^Jxe~s~rone o B ~ e~ l-~ I'~ ~(1 VV ~O e~ ~ ~ ~ ~n.sn x[ r M.vEw voarc ~ s ~y~~, FOR 1L~ti1Din1~' {~YJi..Il~/Z~~~J~S%Oiv =----C~~_ II'OL4L3611' I:02L405464~: i2i 00084D 311' STEVEN E. LOSQUADRO ATTORNEY AT LAW 701D ROUTE 25A ROCKY POINT, NEW YORK 11778 (83]) 744-9070 FAX (631) 744-9421 W W W.LOEQUADROLAW.COM September ] 0, 2003 Bennett Orlowski, Jr. -Chairman Town Planning Board Town of Southold Town Hall ~ ~ ~ ~pp 2 53095 Main Road ~ V IS Southold, New York 11971 ' I ~ u SEP12~ Re: Oregon Landing -Subdivision t Southold Town Dear Chairman Orlowski: Planning Board Attached, please find a copy of the Trust Agreement for the Joseph G. Manzi, Jr. Irrevocable Trust. As is evidenced by said agreement, Richard Manzi has been delegated the power to act as the sole Trustee in all matters relating to investment properties of the Trust. Accordingly, he will act as sole agent in the above-referenced matter. If you have any questions or concerns please feel free to contact my office. Thank you for your courtesy. Sincerely, ~s~~-- Steven Losquadro n ~ r ° rn, t, ~ ~ a t ~ , ~ _ ~ ~ a tls THIS INDENT[JRE dated the yQ day of ll~'.~1r ; 20P0, between t { K; J(?SEI'I3 G.'MANZI, ),It. of Roclty Point, New York (the,."grantor"?,,and ROB1~RT'ARNQNI? 'r , i (the,'~trtistee")~ RTC:EiAItU 24ANZI fthe "trustee) And .70HN. F~F!'TY lithe "trirSteel - ' ~ . ~ - ~ - , WIT'NESSETFI: ± „ „a { ~ , fir : ~ J a. ~ ~ , ° WHEREAS'the grantor desireslo creata a trust for the ptxrposes matitioned; :l > t .~,s 'r N04V; ",CI~IF:REFOR~, the grantor transfers to the trustee the propeity set forth ~ ~ r ~ r oti. Scl~e~2uIe A, IN TR135'I', to be invested and reinvested and disposed of as follows' x~ yr, « r , . `ARTICLE C3I~SE: The trustee may pay out of the net incozac or prinCipai,'ok ~ 's; ~ , bath;~su~a ~moutit or anioiants (whether equal orunegnal, and v~~hether the whale or: a leaser a i' ~ amotint~ rhsthe truatee in h'is sole tiscretion determines to such one or mote persons as the i } k ~ a ~ trllStE$rt't~'115~$OlE,dlSCretlOnaeleGtS DlIt O.~aCIaSSCOnSiStln~T of the grarktpt~S ~deSCC1'1dai1t5, Of ~ ass' 1 vvliatever,sSe~i~ee and wheneverborn. 7n exercising this discretionary power, the trustee znay ' ~ 7tPr. ri, ! but iiee~ ~pYcrinsider any btlier resoarccs of anybeneficiary, and the trust4e's }~pvYbr tb pay ` .a i. ~ ~a „ prtncipai ~1iafl.be Stibotdinate to the exercise of any power of withdrawal under Article TWQ; y r r r - - k S Atry#et ineoiste nbt so paid shalt be added to principal. ~ W S { Upon the death vfihe sun~ivor of the grantor and tho gratt4nr's spouse, or at + j F~ such earSter tune as the trustee in his sole discretion determines, all properly then belonging to s the incttrtre'atxd ptincipal:ol`the trust shall be disposed of as provided in Article THREE. I ~ ~ ARTICLE TWO: I£an addition is made by the grantor or another person to ,r 5^ ~ : r ` ItI the tilist in any calendar yeui (and for. this purpose the creation of the tnrstshalt be treated as k } a I 4 y " ~ , , < 9453 ~ t a SFP a l ~ _1 0 - ~ i' - r , ~ ~ a i'. h ' nn additioirj, each of the grantor's livingdeseendants shall have the power; comn.~encing with+ the date of the additionY, to tiviihdraw from principal, property (including Property cotistitutitt~ v~ , `"r the addition) having a ova?ue equal at the time ofwithdrawal to die value, of the addition at:the° M tinneof'il'e addition divided by 2tte numberofindividuals Craving n power ofwithdiawai ny : ~ immediately after the addition. The trustee shall, promptly aRer an addition is made to Cite crust (including the iq ' ' ` ` creattott pf the lrust), notify each person given a withdrawal power ofihe existence' of the t , ~ yower except that ifsuch person is under a legal disability, notification shall be iq his or her r r legal ~tt&zdian or, if nq'tte; to a patent ifsuch person is an infant or to art individual whom the ' d ~ < trustee; d'eerris appropriate. If any person ho}ding a poryer sha31 be under a legal disability; the ' ° , power maybe exercised onlyhy a legal guardian. An adult beneficiary, or a gtiardiari; nxay,. a . ~ after receiving a notice,'waive any future notice by an instrument in wtiting iielivered fo the': rG t tsustae r~ Any individual making an addition to the trust shalt have Slie right, by an r idstrumetii tiled with the hvstee at the time ofthe addition, with respect to any power of ? 4 ' w.ittidrtti~lal that would otherwise be created (i) to exclude any indicidtial from exercising the a £ povrerf (lr) to inorease or decrease the amount subject to the power, c:icepi that the amount subject Et7; all powers shall not exceed the amount of the addition, or (iii) to change the period r , during which rite plower rriay be exercised. -.Upon the terruination oFthe trust being held under Article Oi~?E any:power of; ; < ~ y ; withdrawal ilxcn in effect shalt continue in effect with respect to the trust l7eid under Artrcle - ~ ~ • ~ , t n • i ~ r ...:..-~.r , ~ I - T'HJt~ as to tivhich the power holder isa beneficiary to whom the irtistee may pay income dr prncipal. ARTICLE T131tE8: The txuslee shall divide sJ! pruperty to be disposed of ttnder'tltis Article into as many equal shares as will allow it is set apart qne share far cacti vf. n 1 ' the. gratytor's three daughters, Danna, Laura and Joan?aa, theta l:vittg ztrd one spare frn the isscre i their loving of'each such daughter tvho shall have died. F.acla share set apat# for a daughter shall beheld by the tnistee IN I'~tIi2THER ; $ , Z'RL7S'1',rto pay the net income to the dauglaferof least quarter-annuailyand to pad+to her so . ranch o~'t}ic principal, whether the whole or a lesser amount, as the trustee in his sole < discxettdn deternttnes''. In exercising this discretionary power, the tntstee may but necd ntit,. t , ; : coiastder aiiy other resattrcas a£the daughter and shall give primary cmisidcration tci`her tie0ds ~lpon tlae daughters death the ttvstee shall distribute all ptoperr~ then belonging to .the incoma aiici principal of the tnest to suchperson ox pexsons (oth~t thanihe davghtiei•; ker, estate, 4ter creditors ac'creditoxs of hex estate}, xnd in such estates, interests and pmportidns, i as the dhttghter may, by a will specifically referringto this Riaticle, appoint. 't'he trustee shall r ~ tiistnbtttze~~ll property not e#I'ectively appointed to the issue of the daughter: f tying at her riegth, der sh es, or, if none, to the grantor's issue then living, ~ tS 7 mCS, provided that any S „ propertywhicli ryould pass to a descendant ot•the grantor who is then entiflad to the net f . inoome.frotn ataother;tnist field tinder this Article shall instead be added to'the principal of such other trust. -,.9ds5 -t 3 , i • , ~:~(i y ~ ~ l: ,k c Each share-set apart foz the issue of a deceased daugbterof the grantor shall be , , divided into 5ulishares for the persons constituting such. issue, pea slimes, and each. sub,hare I shall be field by the tnistee 1N FURTHER TRUST, to pay the tier income to the,person for ~ 4 , wlioni•the subshare w1s set epee! (the "hene£iciary") at least quazter-annzially azu? to pay to the; a~ ~ ` ` bene~c'iary so tnuch o~.the,principal, whether the whole or a lesser amozirtt~ as the trustee ire r 3,i 11 ~ , its salt tliseretion deteixnineS. In exercising this discretionary pnlvez, thrlmstee may b:3# t need npt consider any other resources of the beneficiary ~.nd the fnrste~ s)iall gis~P prin3ary ; i' ' consttfezatton to the.needs of the beneficiary, Unless sooner terminated, the trust shall terinitrate .upon the fir It Yo occur of (i] the death ofthe beneficiary oz (ii) the expiration aF2 i' ' years after the death oi''thc spouse and all descendants of the grantorlivirig at the grantor's ~ , of - death, ani3 the trustee shall distribute all property then belonging ta. tfie incossae and: principal ofthe int~f to the beneficiary of, if the beneficiary is not living, to Bitch peisoii or persons ' ~ rl.. (dtlzer ihatz the 'beneficiary, the beneficiary's estate, the beneficiary's creditors or creditors of . the :henzficiary's estate), and in such, estates, interests and, pxoportioas, as the begcfiaiary may, ' „f ~ by a urt(1 `specifically referring to this Article, appoint. The trustee s17a11.di5tiibute rill property ~ ttoC eff~hvely appointed to its issue of the beneficiary living at his or lief death, per: tie es , - a of, i'f none; to the:isstrethen livSng;per tis Coos, of the beneficiary's atearest ancestor w~ro was a ~ r t,' desaFrnd'arri:trf~he grasxtor br, if none, to the grarttos"s issue then living, ~S stiroes, provided , 5 + that'any-property which would pass to a descendant o£the grantor who is then entitled to the ' _'i trot inGVrzte'£ronr another tzusC 6e1e1 tinder this ~Irticfe shall instead Ue added to the principal of i_ M1 ~ „ `9UC~7..dt~ier bust. - - '9A55 4 ,I - I , { n '~i i t ' ARTICLE FOUR: The grantordeclares that the trust is irrevocable, and that k ; this indenture may not be amended, : „ ~ t. r ART7CLE FIVE; Wfien property, whether principal or inebme, vests in a ' minor, the•tru'stee shall have the right as donee of a pott~at• doting ritinority to bald and airanagC the property until the minor attains maiority, and may exercise in i•espec[ of fhe r ; v praperiyand the. income al l powers conferred by this indenture or by law on the trustee. ~7te s donee s3iall not be required to render periodic accounts to any court. For ptirpases of this E i.. `t ~ ~iidentticly, aminorshall bsanyperson w7~ohasnot attained age 21, ARTICLE S7~i Zf at any time or times less than three trustees shall lie actirig ~ for'any iius#; the trustee or tntstees theft acting Wray, try an inscnunent &leci with the. Crust , , q rectYrds,:Aplioini a av-trustee orob-trustees orasuccessor co-trustee or co-tnrstees for such } ; ' ` trust, provii3~ that rto.mora than tlitre trustees s[tali be acting at any time: , i ~ Any tnistee may, by an instrument filed with the trust records, delegate any c rights o;prxwcrs to andthei tnistee and, after such delegation, sha}1 hove no further a ~ z'es}~oresttsility with respect to the exercise of retch rights or powers white the. delegation , remains ti't:effect. Any delegation may be revoked by an instalment so filed,; Any'sndvidual trustee may, by an isstn~menk filed with the. trust records, ~ _ t s ~ ~ zesign u The trustee shall be deemed to have acted within the scopo of'his authority, to ~ ktave exetCi'sed reasonable care, diligence and pruilenee, and to have acted impartially as;o >i}1 t4 ~ , nerSOru Interested unless the contrary be proved 6y affirmazive evidence; at~d,in ttie absence r 5 , ~S a , a _~a ELIZABETH A. NEVILLE ti~ Gy Town Hall, 53095 Main Road TOWN CLERK p ~ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS W ~ Southold, New York 11971 MARRL4GE OFFICER Oy ~ Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ~ 0 Telephone (631) 765-1800 FREEDOM OF INFORMATI~OpN OFFICER O'~ ~ ~a southoldtown.northfork.net D ~ ~ ~ ~ v ~ FICE OF THE TOWN CLERK TOWN OF SOUTHOLD F~U6 2 8 2003 THIS IS U' lawn &TI THE FOLLOWING RESOLUTION NO.5460F 2003 TED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 26, 2003: WHEREAS an application has been made by Manzi Homes, Inc. for a waiver from the provisions of Local Law #3 of 2002 (and extended by Local Law #3 of 2003 and Local Law 13 of 2003) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" pursuant to Section 6 "Appeal Procedures" of Local Law #3-2002 to permit the Planning Board to consider an application for a minor subdivision for the parcel of property known as SCTM# 1000-83-2-9.1; and WHEREAS the application involves the subdivision of a 25.79 acre parcel into 5 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of Local Law #3-2002, Local Law #3-2003 and Local Law #13-2003 and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town • Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town has hired a "moratorium group" consisting of in-house and outside planners and attorneys who are working on a "Comprehensive Implementation Strateg}~' of the Comprehensive Plan of the Town of Southold and certain comprehensive planning currently being undertaken includes, but is not limited to a 80% preservation of open space throughout the Town and a 60% reduction in density and cleaz establishment of the Hamlet Centers and a possible Transfer of Development Rights component (a full description of the "action" is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS the Town Boazd finds that the application is not in contrast with the extensive planning initiatives being undertaken by the "moratorium group", or the Comprehensive Plan of the Town of Southold; and WHEREAS the Town Board finds that this application will not adversely affect the purpose of the Local Law # 3 of 2002, Local Law #3 of 2003 and Loca] Law #13 of 2003; and WHEREAS the Town Board of the Town of Southold finds that the application will not adversely affect the health, safety, or welfare of the Town of Southold; and WHEREAS the Town Boazd of the Town of Southold finds that the minor subdivision application is consistent with the existing land use in the surrounding azea and has a minimal impact on water supply, rural character, natural resources and transportation infrastructure of the Town; and i _ _ WHEREAS the Town Board of the Town of Southold finds that the application has no effect on agricultural lands and open and recreational space; and WHEREAS based on the application, all relevant documentation, the comments set forth at the public hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and extended by Local Law No. 3 of 2003 and Local Law#13 of 2003 Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and Be it RESOLVED by the Town Board of the Town of Southold that the application is hereby approved, subiect to the followine conditions: A. Applicant shall provide the Town Clerk with a fully executed copy of its contract with the Suffolk County Water Authority for the extension of the public water supply, and B. That this approval is given solely to permit the subdivision application to proceed with all applicable agencies with jurisdiction over the subdivision of real property and is not an approval of that subdivision application pending before the Southold Town Planning Boazd. ~Q~. Elizabeth A. Neville Southold Town Clerk . 08122!2003 15:28 6317440032 MANZIHOMESINC PAGE 02 COUNTY OF SUFFOLK RobeR J. tlaffit~y - sur~o~x co uNrr ExECUrnrE t)EPAR'I1YICatVT OF F#EA.LTN SP.RVICtc$ ~ CIJIRE B. BRAPJLEY, M.A, M.P.H. Commissioner October s5, 2002 Bruce Anderson, M.S., Pzrsident 1 Suffolk Enviroameatal Consulting, Ina. Nt~manvzllage - Main street PO Box 2003 litldgehampton, NY 11982/aoog .Subject: Sio-oz-0006 -Manzi Homes, Oregon Road - t/o Southold bear Ma Andezsan: Please be advisal that the hoard of Review is holding in abEryance its d~0liberativns of your variance ,Equest. We have been advised that kbe extension of public water supply in the vicintty of fur ' plroposed project will become feaa?ble in the foresceable future, and that the applicant is willing tv wait a treasonable tune for this extension, tv earn the pmpvsed subdis>ysion. We appreciate your patience in this matter. Please advise zee if, at any time, the applirant.+tisfies to zeopen the Board of Review application. SNe arc opdmisHc that #be pmjcet will x+2ceiva the 6eb efit of public water supply, obvlatiz~ the need for a vazianee, Very truly yours, Gam[ r'~^'~-~ Wal#er Dawydiak, Jr„ PE, 3D Acting Chairman -Board of Review wD/kn C: Board of Review Pile pouglas Feldman, pE w SCDHB • Hoard vfReview T~Pet~wewzt ok'8eglth 9ervlcea zoo Rab» Drdve 8a®t - BanPPe~tBe, N'Y xige~8-gaga (6aa)853-3oB6 Pn~c(&diy86y_SO75 08!22/2003 15:28 6317440032 MANZIHOMESINC PAGE 01 Tf3 RE: PUBLIC HEARIN-8:OOPM AUGUST 12,2003 ~ ~e MANZI HUMES, TNC. P,O. AQX 702 ROCKY POINT, NX 11778 C31-744-1039 FAX G31-744-0032 RrEf.ENEO FACSIMILE TRANSMITTAL SHEGT rA eur ~ rl) THE I-IONORABLE BETTY PnoM:JOHN Gi7ID0 NEVILLE Southold Town fltrt<k Mr1N7I I-lUMES, INC. cciMPnNV:'I'OWNCLERK-T01fi~IV nnrrs:$-22-03 OF SOIJTHOLD P'nx NcM11nR:~65-cc6145 `rnTnl.NO. nr~ rncn_a iNrt.W.nrvc covnR:2 p}~pNli Ni;MR~R:7p5-1b0U SP.NDf?R'R RRPRRF,NCP NUMReR: R r:; 1fOUry. R~Pf RrNf6 NI; MA p.R,; ? URC F.NT ? r'OR R]+.VIRW ? Pl.IIASli CQMMRNT ? pI-E.ASli RIi I'LY ? Pi,.1;,1&T; iLliCYf:L1.C N o'rrs~coMMrN~rti: TO BETTY NEVILLE, Please distribute a copy of this letter to the appropriate Town Board members. This is a letter from the Health Dept dated Oetober 25, 2002 stating that if Public water was available there would be no need for a variance for apptwaL This was an item that they were looking for on the August 12"' meetittg for granting a waiver from current moratorium. 2 ~ ~ ~ pp ~ Thankyou, D IS IN D John Guido , AUG 2 5 2003 Southold Town Planning Board <;G{~fv }1'Ti It l+, nNn TVPF~: Re'rURN ADIIRI;~Ri 5 j ~ of such proof shall not be liable for loss arising from depreciation or shrinkage in value of auy " properly atithortzed to he held or acgttired. loo trustee shall be liable for the acts ar flefautts of a co-trustee. The proYisions,of this indenture s'nall apply to any donee oT a pv~ver during - initavrity _Nu bond or other security sl all be required of any trvstee• ~ ART3CI.,) SEVEN; `The trusteeknay exerctse in Iais sole ilisoretiwi and . ~ without prior authority ftam any court, as to property in a?ry tntst ox rrthenvise m iris { . , lwssesston; all powers conferred bylaw upon trustees, or expressed in this indenture; and flit. a grantor irtEends that such powers be construed in thebrcadest possible manner; , {t} Power to invest or reinvest in such securities yr other property, real or . ` personal {whether within or without the United States), and to retem property for such' S 7. ' periods as lie shill detemrine, whether or not the same beincome-piaduairjS {and any t diYersi~cation requirement that would otherwise apply is negated j.: {2) Poser to borrow such sums for such periods and uponsueii terms as he r deer4ts necessary or convenient in the administration of the trust, and. to secure any , fosn by mortgage ar pledge. No leader shall be hound to see to or be lidble'for the appltcation of the proceeds, and the trustee shall not be pet•sonally liable, but each loan t shall Yee payable only out of assets of the trust. (3) Pn.~ct• fv ~nply to the use of any beneficiary any property, whether pxiriclpal or income, payable to #ha beneficiary, and to do so wihout regard to the duty ' cal}inylrarson rn furnish support for the beneficiary or the availability of other-ftmds 1 a frrt',such purpa~e, and in the case of a minor to deliver lire same to the minor., or to a h., 9455 ~-1 6 t:o , • , i a guardian or custodian under a gifts or transfers to minors act, including a custodian ' selected by t7selrustee (who rrzay make any pezrnissible age election for termination 4f d' the custodianship), or to aparent ofthe minor, or to a person with. whom the minor resides, or to nny Perron authorized by this indenture to hold property render a power ' a dut4ng minority; arty in the case ofa~bene&oiary wtYo is utidera c{isability other than :,r, ~iitirznzity to deliver the same to the beneficiary, or in his or her.guardian, committee of• conservator, dr to aayperson with whom the beneficiary reaides or w.ho Ixas charge oi" his or her tare or wPto is his or her attorney-in-fact under a durable power of attorney (4) Power, without the consent of any beneficiary, to make disiribudons ~i (including tlirv satisfaction ofany pecuniary bequest)'in cash or in spt;cific Property, Teal or personal, or an undivided interest; or partly in cash and partly in such property "~andto do so without regard to the income tax basis of specirc property allocated to ~anybenaftciary (including a tntst) and without making pro rata distribution of epeciftc~ i .,aSSetS.. m (5) Power to accept additions from any source. (6) Power to allocate receipts and disbursements bets='eeti income and. ~ principal in sticlt manner as the trustee determines, even though,a particular allocation may be inconsistent with otherwise applicable state law. (7) "ewer to remove all or part of the tntst property or to change Lhe situs of rtitmnistration ofihe tntst from one jurisdiction to another and to:elect, by a.n ~ instrtunent fcled ~vitla the tntst records, that the lacv of such cithei jurisdiction shall ti'` ea55 -t ~ . goveca the administration of the trust to such extent as may be appropriate, provided that the trustee shall not make such an election if it would alter ariy bene£ciat interest under the inrst. f (8) Power to combine the trust ti~~th any ether gust, w}ietlzer created by the grantor or another person, if the terms d'Fthe trusts are substantial ly the seine aztd the. tritstees are the same, (9) Poiver to sell, exchange, lease, raiortgagc or otherwise dispose of rea! piopezty upon'sueh terms as he determines, and to execute and deliver deeds, )eases,' mortgages and other related instruments. Any lease maybe made for such.periods ; ~ (even though tine same exceed the maximum term specifically authorized by law) as ..lie determines, and shall contain such covenants, 'sncluding covenants of renewal, as ` maybe desirable. (i 0) Power to employ a ctzstadian within or wiUtout the United States, aatd tv acquite,h'old,register,or dispose ofptoperty in the name of such custodian, or its. agent or rtomietee, ~+rithout clr_signatiott of fiduciary cnpacity, trnd trr employ uivestmerit { y Cptznse4 of otlser agents and to pay out of principal or iacame or 6n'tlr the oltarges and ~r expenses o£any such'agant. ~ , AItI iCI.,E SIGHT: 'I'bis inde5ttuze shall be coast rued under; and the trusts createdishall be governed by, the laws of the State nfNc'ui Xork. Sass .r R •j ~ . _ t ' AIZTICI.~ NINE: Irt any proceeding relating to any trust, .service ofpTOCess - ~ upon any person undera disability shall not be made when aperson-not under a disability is a ,party to'tHe proceeding and has the same interest as the person underthe disability. A12T1QL11'IEN: As used in this indenture, the term'! st. iroe~' with reference to the issue ot'any individual shall rr}ean that the stocks begin tivith the children of. ~ such tndividual and that no distribution at any generational level slaall'lac par capita; ' s a~ 1he trustee acknowledges receipt of the property set forth on Schedule A, snd s aecepis ih~ trusts and covenants that he will faithfully discliarge.his duties as trustee. F ~ ~ ~ G ~ 3 Josep fy. Manzr, Sr. I Grantor P I i, ~ S f 1 K 1 i `f 1, 4 ~ ~ A ~ t~ l 12obert Antoue , ` l "i'rus e , r~ cx~ rt~rzr Tt~it tee ' -c,,• . Tnrst~ - ~ . r f d1 9353.-1 ~ , ' . ,~I r - SCHEDULER Y' s i 1: 12 bTCmX'c~. Street, Rocky Point, New YorY. - SC7S3 ~ 020U U78-05. "005.000 2. 24 acres .at S16 DSatnscotC ;ZOZthwest Road, Past Hatrg'rtun,' t~~w roxk SC`1'M: # 0300-155-a2-0G~7.000 3'..7.2 :acres at Svc Pole highway, least H,3mpton, New Ygrk 9. .riazel, Rr~ad, Ftgcky rgialt, New York SCI9~1 ~ 0200-05G-03-~022:t1~tz , 5 Px'irice 2~!1erAsscriates -Partnership 50& i++7t~zcst ar TyZer SY_r,'eetk `:Ftbckx Point, Neva Yoxk z, ' SC4x2 ;0200-077-07085.001 •0200-077--07084.004 f'. t j', ~ . k rY l Z 94551 •1 In " - - _ r_ y t T r *y F ~ 1 ~ e~., ~ ~ . , J ~ i J. >s , : ss.: 3 K= COT.JNTY©F ~wf~~~ ) 1 - ~ 7^ 4 ..Onthe `ft~ day of K+~i in the year 2000 hefnre me the , ~ k undeisigned, aNotary public in and for said Stz,~e, personally appeaxvd JOSEi'H G. MANX; r : g 7 JK; peisoYt$ity'knciwn to ine or proved to me on the basis of satisfactory evidence fo be the S rw ~r i ~ , indiuiclu~t whose name is subscribed to fhe within instrument attd acluaosJledged to me r)rat he ~ executed t2te same in his capacity; and that by his sigrrature on tlic ins,+rument, the ind~vidua7; ,ec r or the pCrs~n upvri beH2Jf of which the rndividuet acted, executers tlae insfnunent. ~ ` , r + - ~ ~ : t > , AlotaryPublc s 1, ~ • 4 (Nntart~i ~~ai} , ~i ; s ' ~i ~ RGSALJF 5A4EM}I,l: ~ '~~tl0;df1'fC191.iC;5tataUttkwYark ~ ~ K y~ fl t1yN1a~111 W~QNL+^M°J c? .Corr+al~esian£r„MrosJanwy39 y9t ' , <.r~ ~ > 3 w 'd ~ 1Q ~ . k~ w 1 i M, ~ + I u y Is aR - ~ ~ ~ ~ „G ~ T f5 1. ybi F+ . ~ ~ 9455 -1 ' I f . s - i ~ , , V !.r 1J.. 11 ~ • e. a r~ : ~-a a;. ,'.,.f t ) W CX•'e r , STATE ol:' . ~(e } ss.: ^f ~l COTJ'N"IYUF ~'~l~`eL/C J Y t ~ in the year 2000 before ine the ~ On the''af' day o~ ~'f ry undersigned; a Nc?tary;Public in and for said 5t~te, personally appeared RpBERTARNONE, } personally known to me or proved to me on the basis of satisfiactory evidence to be the individuak w3iose name is subscribed to the within instrument and acknowledged to me that he' exccutcdtRe same in fus capacify, and that bphas signature on the instniment, the individual, • br the person trpnn belialfofwhich tke indis~idual anted, executed the insfrrament: i t ' t Notiary Public , ' RDSAUE 5ALEMME , ~ Ivh?dF1 PlSP1.'.G.Sld6QlblerYaslC ~ ~ ; (jdotaflal,.Seal) ~ 6f•SM800818 ~ ~ 'flnaPfiedN$uMattcCoun41 . CtimmLr3sbnF~'9ka3aauW3i ~{tn°o?- y 4 f' l~n. ~ ~ ~ Y x P t I t ~ t r ~ - e i ~r t. M f.. , ~ . i~ Zi ~ ~ _ ~ it i. , 12. 945$ i t ai t i F N i . • ; t k n I '~C A ~ r ~x'S°~ ~~'~y+ £lc, e`s1 1 1 1 ,i ~ y'+ h ul~ y~~'•'71~ ~ K~' f R" icy ~r`~ ~i.+'fy~i d .:y s H +i'Y1~'~•'~ r ~1 S~iS.~+ 1'1h~ j! ~'1 r I~R~ t i 1 2~ :14 ' ! ~ .11 t y xw fi ~4 ~tCy `J yr'n' ck ty ~f , r 1 i _ 1 r ' ^ur' r '1~ ~y ~ rYtis~+ + Ai1wW~d~'t'~44, ti xpY~,''• : W s 1 F r x > _ i t t~ Sf ~J'fY~1't~r~e1°:~{ f4 41 At } •',y~ R 1 y~ x y t r ,y , y~s~c~S Lj{jr~ ft ~~:i b~~xl-~a ~ 'r 1~ Y',F, - . 9" Lji f t• r,' I , r ~ r , ; ~ 5 ATE OF'NEW YORK j , + +4 ` , 17N7Y OPStJFFOLK } ! ' T ihe:.c2d day ofMarcii in the year.2000 before me, the undersigned,- ' ' Nofay Pu~sla in and foi• said State, personalty appeared JOk1N ELCIi: , tsonalky krioiyn.to me o~.proved to me on the basis of satisfactory evidence w be tiffs i. ividu8~l x?hase name is ~ subscribed to the within instrument and acknowledged to tite.that , " ~xeitirtcd ~liC'same'in his capacity, a?d that.by his signature on the insmimeiyk, the ' ividuals, tsr tire person upon be(talf of which the individual acted, cxecirtcr111re , rr truttient ~ ~ RY • R ~ 3 C I ~~eJ~r.r,.-- Nol.ryPublic - ' , ' lry, , f.. ~ t olor;al Seniy ~ Rt)SRi3F SN.EMNE 4~ ~ - N9iFPti ~ ggg8CQ818 Nei Yud~ ' P ~'~'-~OualtAedln5uholkeaurdY ~ t:0(N'n$ii0n ExplrGS dairury3t ~ 6 tld z k.. i his 7 - ~ - n ~a2r ~ ~ r ~ ~ _ _ ` a - ~ ~ ~ j I - ~ i _ e I a' x s'.. r fi 1 rpr - ~ ; ~ _ S _ - ~ M~ ~ , ~C I , w ~ 13 - f d i n - - - _ - i t,,. , ; 1 • • ~ ~ , ~ F. ~ _ ~ ~ ~ 'Y T4' ~ ~~'T~'ru6~4n '~r7 + .1 f ~~1 f{''irrk`5~ t-:, L ~ i r 4rY ~ ~ ~i r Pts~ * ~ '1~V ~t ~t t,~t ~ ~ ~ ! x ~)f~~r ~ h3'i~it,~~K° ~ 1 i. ~ t ~ u A. ti; I I ~ ATEOFNF'WY(}1ZK i tmrci~ r~~ stlr-r~o~.x j k h the ',.day of Miirch in the year 2000 before me, the undersigned; . ~ No;ary~'ulilic.ui and for said State, personally appeared R3CHAI217 MANZI rsonally known to me Qr proved to me on the basis of satisfactory ebideitce to be t37e tvi~aalwliose name is' subscribed to the within instrument and acknowledged, tv me tfrat ` execufeii"the same in I(is capacity, and that by his signature on the instrumetn, the • , iy'iduals;'ae the parson'upon 1xhaIf ofwhich the individual acted, executed the trument ' r~,~.Y ..~a4tXe,~.,~.~ ` ~ Notary Public ~ i. . Rd5A1lF SAL~hlT-,c ' • olorial'SESl~,1BYr;7g1~, 61~te 01 NervYw% " - pi•SAABW9t8 pt~,nkulaP Fx1~!m' r ~ i. Ir ii. x - ~ ~ t'~ ~Y n t ~ 4 ro ' _ n i ~ ,i - I9 f Y ~ . STA T') OF AIEV? YORK COftTiTY C7F ~1~'FdI;K. i.: ; , ROBEAI't~k?I+TONE, being duty sworn, deposes and says: That I res3e at 56 hamlet Drlve, Commack, New Yoxk. ` , Tbat'i atn-tlio Trustee of the 3oseph Cs. Manzi, 7r. Irtevocahle. Trust, dated March 25, . 200U and X delegate Richard Manzi the power to act asysole Trustee in all mallets rriating is investment properties of the Trust. }its signat~e and his signature alone will Stand alone. as sole ,:A respomsibitzty with t'espect to the exercise of such power. , ' • ~ This deite~atirm may be revoked trY tnimtm as so fil , C~~. , OBERTARNONE .;r R f; ~ - $wdrtl to beforo me this Jp'~ Say of August, cool. { waa~a~utniia s U oar rto. of ~lceoztsoe . 4vesred 1n 8ul(o1k Cw Ccmtnisafon Expires March 78'~ . otary Public _ , r.: ~ i; ~ , - ' ~ • • " ~ ~ r - , `STAT)? OF NEVI YORK ~COUN7'Y flF CtJPFQI K 7OHN ELCIK, being duly swrorn, deposes and says: That T reside.at 87 Mahogany Road, Ttocky Point, New York. That 3 amt'ne Trustee of the Josegb G. Mau~zi, Jz_ Irrevocable Trust, dated ]vlarch 28, , 2000.and I delegate Richatd Manzi the prawer to act as sale Trustee in all matters relating to invest;znenY pzope[tics of the Trust.. His signature and his signature alone will stand alone as sole j zesponsibility w[th respect to the exercise of such power. Thts delegALinn may be revoked by an instrument as so f JO LCIK Sworn to beFoic me thi9 • 4~ day of °Augu~l, 204E t j ' " ~ ' ` ' Notary Publid . . - ~ az-AE25ts8S ixditnea in suaoik a ~ 1/' Cd~mLidmtS~AmJ~h' ~ _ ~~~F GcJA~'~E~t ' PLANNING BOARD MEMBER O~pSUFFO(,~~o BENNETT ORLOWSKI, JR. G,y P.O. Box 1179 Chairman C ~ Town Hall, 53095 State Route 25 H Z Southold, New York 11971-0959 RICIIARD CAGGIANO 0 ~ Telephone (631) 765-1938 WILLIAM J. CREMERS ~ KENNETH L. EDWARDS y?f0.~ ~ ~.a0`' Fax (631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Neville Town Clerk From: Bennett Orlowski, Chairman Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Minor Subdivision of Oregon Landing (Manzi Homes) SCTM# 1000-83-2-9.1 Date: July 2, 2003 In this memo, the Planning Board will only address this request in the context of land use planning; the consideration of and any comment upon any other reasons as stated, are beyond the scope of this review. The parcel is located on the north side of Oregon Road between Cox's Lane and Bridge Lane in Cutchogue. The property is located in the R-80 and A-C (Agricultural Conservation) zoning districts. The proposed action involves the subdividing of a 25.79 acre parcel (SCTM# 1000-83-2-9.1) into five lots (See attached survey). The proposed lot sizes are as follows: Lot 1 - 81,039 sq. ft.; Lot 2 - 81,016 sq. ft.; Lot 3 - 75,738 sq. ft.; Lot 4 - 70,383 sq. ft.; Lot 5 - 18.28 acres. The proposal is to preserve 15.97 acres of Lot 5 via a development right sale. The proposal also includes the establishment of a 50 foot wide right of way incorporating 2.31 acres for the purpose of providing access to the four lots. The action would create four new residential building lots. The subject property contains no residential dwellings. The Planning Board has reviewed the concept plan and the request for waiver. It offers the following comments: 1. At present, the proposed action does not have an executed contract either gifting or selling interests or rights in real property to a portion of the parcel to either the Town of Southold; The County of Suffolk; The Peconic Land Trust or The Nature Conservancy and 2. The petitioner proposes to preserve 68.64 percent of the entire parcel (excluding land area seaward of the high water mark, as per the terms of the moratorium law). The percentage does not meet the threshold in which interests or rights of property are being sold or gifted must encompass at least 75 percent of the entire parcel. To meet the threshold the applicant would need to reduce the proposed number of lots from 4 to 3 and increase the amount of land to be preserved by 1.45 acres. However, based upon the following information, the Planning Board's recommendation is that the Town Board grant the request of waiver for the application with the following condition: ThaYthe Planning Board has not applied the SEAR process to this application; nor has it coordinated with commenting boards or agencies (SCWA, SCDOH, New York State Department of Environmental Protection (DEC)) and, therefore, the design and lot yield of the subdivision plat as proposed may be subject to change. The Planning Board is requesting that the Town Board state in the record that any approval of a waiver request grants the applicant only the right to proceed through the subdivision process pursuant to the Town of Southold Town Code Section A106 and that any approval from the Town Board should be construed as approval of the subdivision and/or plat design. This decision is based upon the following facts: Land Use - The property is located within the Town of Southold's agricultural area. The dominant land use in the vicinity is agriculture mixed with low density residential. The property abuts the Long Island Sound to the north and Oregon Road to the south. The parcel to the west is 10.8 acres and in active agricultural use with the development rights sold to Suffolk County. The area to the east is comprised of a mix of residential and agricultural uses. The properties to the south across Oregon Road are in active agriculture, including a 17.2 (SCTM# 1000-84-1-4.5) acre parcel on which development rights have been sold to the Town of Southold. Excluding the land area adjacent to the Long Island Sound, the residential development in the area is consistent with the "homestead" development pattern, where a residence anchors a large tract of farmland. The applicant proposes to sell development rights on 15.97 acres within Lot 5. However, the actual acreage that would be considered is 15.70 (excludes subdivision open space). Due to the fact that the parcel is in private ownership, the potential of the area to provide collective public open space is low. The purchase of 15.70 acres of development rights will ensure the continued opportunity to farm on this acreage as well as provide open space vistas to the community. Four residential lots are proposed within the R-80 zoned portion of this property. Following the improvement of Lots 1 to 4 with residences, the view shed from Oregon Road north will be interrupted. Visual impacts will be assessed as apart of the application process during SEAR review. The Planning Board recognizes that this area, and the view from Oregon Road north across the property provides important scenic value to the community and all efforts to minimize the interruption of the view shed will be taken through the implementation of non- disturbance vegetative buffers. The subject parcel is split zoned R-80 and A-C. Each zone requires a minimum of 80,000 square feet per lot. The zoning district R-80 is located along Long Island Sound and the zoning district A-C encompasses the majority of the agricultural lands. The properties to the east and west of the subject parcel are also split zoned R-80 along Long Island Sound and A-C (Agricultural Conservation) south to Oregon Road. Improved residential lots are located to the east and west along Long Island Sound ranging from 1.5 acres to 4.7 acres. Based upon such, the proposed action would not significantly deviate from the general area land use, the intent of the R-80 zoning district and the surrounding parcel sizes. Transportation Infrastructure -The proposed action is located on Oregon Road, a Town Road. Transportation impacts will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617 and Section A106 of the Town of Southold Town Code. The Planning Board has not reviewed the proposed access configuration and it may be subject to change upon the processing of the application. Natural Resources -The southern section of the parcel is in agriculture. The northern section of the parcel is a wooded maritime bluff system prone to severe erosion. The Planning Board is expected to establish a 100' buffer from the "top of bluff' seaward to mitigate further erosion potential. The application has not been reviewed by the New York State Department of Environmental Protection, The New York Department of State, Division of Coastal Resources, or the Town of Southold Town Trustees each of which have overlapping jurisdictions concerning the action. The agencies will review the action upon the commencement of processing the application. The Planning Board will also require slope stabilization and limits of clearing to further mitigate the severe erosion. In addition, a single beach access will also be required. Water Supply -The proposed action is outside of the water main map. The applicant has stated that water supply will be provided via a "private" extension of public water northward from CR 48 through an agreement with the Suffolk County Water Authority. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems The Planning Board has no record of a letter of water availability from the Suffolk County Water Authority and the statement is currently unverified. Water usage will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617 and Section A106 of the Town of Southold Town Code. Rural Character-The proposed action would result in the addition of 4 new residential structures. Vegetative buffers will be required between the agricultural land and the proposed residential areas to mitigate impacts to the view shed from Oregon Road north. However, due to the location of the new structures, the view shed will be disrupted and mitigation will be necessary. Agricultural Lands -The parcel is currently located within the R-80/A-C zoning districts. The R-80 zoning district is intended to permit low density residential development. The A-C designation is intended to conserve agricultural lands. Currently the northern section of the parcel is wooded and the remainder is in agriculture. Development is proposed on the more environmentally sensitive lands along the Long Island Sound bluff ecosystem in the north of the parcel. The applicant states that 83 percent of the agricultural lands will be preserved, therefore, approximately 17 percent or 3.10 acres of agricultural lands loss will occur. Dominant soil types of the parcel are Haven Loam 0-2 percent slopes (HaA) -Capability Unit I-1, Riverhead sandy loam, 0 to 3 percent slopes (RdA) - Capability Unit Its-1 and Riverhead sandy loam, 3 to 8 percent slopes (RdB) - Capability Unit Ile-2. The soils are listed as prime agricultural soils by the USDA Soil Survey of Suffolk County (1972). All of these soil types are listed as well suited for crops. Open Space and Recreation Space -The size, location and current use of the property provides significant open space to the community. Due to the private ownership of the parcel the potential of recreational use is low. Following the ~ o~gpFFOI,~~o ~ ~S~~q/~,~~_/~~ ELIZABETH A. NEVILLE h`L` ~ Town Hall, 53095 Maifi-Ru~ad TOWN CLERK ~ ~ P.O. Box 1179 ti 2 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS .v ~?f MARRIAGE OFFICER ~ • 'F Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER y~fQl ~aO~ Telephone (631) 76b-1800 FREEDOM OF INFORMATION OFFICER ~ southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Supen~isor & Southold Town Board Members Town Attorney Gregory Yakaboski Town Planner Valerie Scopaz From: Town Clerk Elizabeth A. Neville hated: June 2, 2003 Re: Request of Waiver of Moratorium Transmitted herewith is request of Steven E. Losquadro on behalf of Manzi Homes, Inc. for awaiver/variance of the moratorium for minor subdivision "Oregon Landing" located in Cutchogue, SCTM #1000-83-2. p C~~~o~~ JUN 1 2003 D Southall Town 1 PI2no~~ig Horrd I Sub~utsston W~thouf a Cover Lefler Seu.der: `%O F ~i~iv Z i ~if -/Q3~ Subject: ~l jV% ,~~wy+~~~~ SCTM#: 1000- - L - 4~, ~ Date: 9 ~ z 3_ p3 CommenLs:~~~~~~ ~ ~ f p~~~~d[~ D APR 2 4 2003 Southold Town Plannin Board HAWI~iS WEBB JAEGER ~SSOC. P.C. ENGINEERS ¦ ARCHITECTS ¦ SURVEYORS ¦ PLANNERS ESrAe. 7872 WILLIAM L. JAEGER II, P.E.. L.S. MATTHEW D. CRANE L.S. MICHAEL F. MORBILLO AIA FRANCIS A. HAWKINS 1913 HERMAN P. HAWKINS 1962 CHARLES S. WEBB JR. L.S. April 21, 2003 Town of Southold Planning Board Office 53095 State Route #25 P.O. Box #1179 Southold, New York 11971 RE: Major Subdivision submission for "Oregon Landing'; S.C.T.M. #1000-83-2-9.1 Dear Sir or Madam: Please find attached: the subdivision application, a copy of the property deed, the long E.A.F., a transactional disclosure form, 8 copies of the subdivision map, and a check for $3,600. Please address all correspondence to: Manzi Homes P.O. Box #702 Rocky Point, NY 11778 (631) 744-1039 200 EAST BROADWAY. PORT JEFFERSON. NY 11777 PHONE (631) 473-1900 FAX (631) 473-0486 Visit our web site at www.hwiaeaer.com ~ . PLANNING BOARD MEMBERS ~~$UfFO(,~c BENNETT ORLOWSKI, JR. ,Z~ OG Town Hall, 53095 State Route 25 Chairman ~ y< P.O. Box 1179 WILLIAM J. CREMERS h Z Southold, New York 11971-0959 KENNETH L. EDWARDS ~ Telephone (631) 765-1938 GEORGE RITCHIE LATHAM, JR. ~ Fax !631) 765-3136 RICHARD CAGGIANO ~IQl ~ ~a~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: G',Pf~ON L A,voZn:C~ Suffolk County Tax Map # 1000- g 3 - Z _ ~ Type of Subdivision: Major Minor Set-Off Lot-Line Cluster Subdivision: Yes No Hamlet: Se ~ r t}pL,p Street Location: l3 yys 02EC~Or,J .2of+!) Acreage: Z 5.7 9 Number of Lots: ~j Zoning District: 12 ~ Date: . Please Zist name, mailing address, and phone number for the people below: Applicant: l~'IR~,'21 HbIti1E5 p X # 1 O~ Agent handling the application: (Contact Person) Property Owner(s): fOSEPt/ E~ M~NZI TR. 2K~oyACi48cE. TiP?ST /Dr3Tt d j-9ARL'N Z Zbpr P0. Rox #~70? i~oC.lc~ ~~t~7 ~ U `i I l7 -7 f j Surveyor: yrlw tcl /U 5 Gu~B/3 TAEC~~R PL[.C 2~c. 6 13Ro?. A PoQ RSON ~1 S' Ij777 (v3l y73- //L7 L~ Engineer: ~i Attorney: ~jkeJ~ C~ L.os~~cs-c~r-c~ Q.L. ~O\ O ~o~ ~ ZS pc Other Agent(s): ~ i Has this property had a previous application to the Planning Board? Yes No Has this property previously received a SEQRA review? Yes Have you had any pre-submission conferences with the Planning Board? Yes No Does this application have variances from the Zoning Board of Appeals? Yes Appl. No_ Date Is this property adjacent to any bodies of water? Yes No Are there any wetlands on the property? Yes ITT Are there public water mains in an adjacent street? Yes ~ t~.~Bl,7C. wATeR ~o Q~ ~XT`E.N 176 b Is public water proposed for the subdivision? es No Is the majority of the property forested? Yes No Is any part of the property in active agricultural use? es No Is there an existing or proposed sale of development rights on the property? Yes No Is there a mortgage on the property? Yes No Does the owner own any adjacent properties? Yes No Are there any building permits currently pending on this property? Yes Signature of Preparer Date y" Z 6 ` • • nl•PL ICt`N'I' TI111NSAC'l'LONhf. DISC L(IS II IiR C(1 fiM 'fhe Town of Southold's Code of Ethics prohlbl is confllcCS oC, In Cerest on the part oE_COwu oEPlce rs and employees. The purpose of this Eorm is to.provlde luf ormation which can alert the Cows of ~ssible conflicts of Lnterest and allow it 6o take whabev~Ler`Ka/c C~/i/on i~s~n_/e~~/cf.efssa>~ Co avoid same_ Y (111R NAHR: _~~a~~~i ~ X r (L st name, lrst n me, mldd Le Lt Lt.Lal, unless you arP arplying In the name of someone else oc - . other enClty, such as a company. SE so, tnd lr_af.e the other person'e oir company's name-) NA'F'IIRE OP APDI.CCA'I'LONe (Chr; c_IC all. Chat apply.} Tax uric vance VaCia nCe Change of zone !`ppcoval of plat Rxemptlon from plat or oCf LciaL map Ocher (IE "Other," name the activity.) _ Do You pereona].ly (or I:hrouy}a your company, n{~oane, sibl.inq, parent, or child) have a rely Cionn6lp vil:h any off leer oc employee of the Tovn of Southold? 'Relationship" includes by blood, marriage, or bueinens interenC_ ^Ilusineen interest' ncarln a bun mesa, includ i.nq a partnership, i.n which the town of Eir_er or employee has evr_n a partial ovuernhip oC (o[ employmenC by) a carpocaClon in vhiclt the Covn oFf leer oremployee owns more I.han 5'X. of the sha Cea. YRS NO if you anevered 'YES," comp.Lete t;he ba Lance of this form and date and sign where indicated. Name of personemp toyed liy the Town of Southold Title or position of that person Describe the re latlonshlp between yourself (Cheappl icanC) and the town aEf Lcer oc employee. Either check the appropriate line A) F,h rough D) and/or descrl.be in the space pcovided. 'fhe town oEE leer or employee or his or her spouse, sibsluy, parent, or chll.d 15 lcheck all. that apply)r A) the owner of grey teC than 5W of the shares of Lhe Corporate etock ofthe appl Iran F, (when .the apPl leant;. is a corporation); n) the legal or bene Elctal owner oC any lute rest S.,t a noncorpora Ce enl; Sty (when the appl leant le not a corpocatlon ,_C) an oCE leer, dl rec CoC, Par Cno r, dr emp toyee o[ P.he appl Scan C; or D) Clre actual appl iranB. DRSCRI P'I'ION OF REI,MC CONSIIII' ;u hml LCed Ch Lc ~ dny of%~~E~ ~-~lQ~ 1'r 1 it a. nnn F/J~. , . , ..„x y.... ,e r SN " y~. ~ ....i N . 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S'ES aA'k"JG}L8 ua-n~x.t n . brrz:; s' ar~,xew> rhea ^r ~ rrnx rases n +reee srme+~rnuxens 7 ri+n.a.emr ~ ~/iE 71;fZ~ [,Lll#.4~1"IJ;~s r,G,~fF.t. 'Y `~~~i.*~ ~ y.~,~~ ~ c,. { i ~ - ` d . ' ' ~ 1 o PART 1-PROJECT 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 OiPEd7dN LAAiDI/VCj LOCATION OF ACTION (Include Slreel Address, Munlcipallly antl County) Soy: MHO(, p S:, t= ~o~K Coyn~ ~ NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE TosePN C~. r-1~3n~C1 , TP., t ADDRESS P a . 8 ox #~oz CITYIPO - STATE ZIP CODE ~'oc.k!' F o~t1~ N ~ //77$ NAME OF OWNER Qi dirterenll ~ BUSINESS TELEPHONE l 1 ADDRESS CITYa'0 STATE ZIP CODE DESCRIPTION OF ACTION /~COj~oS>~D~SJ LGT L/frvp OiviSion Mae t'N~SiNC~IE ~HM1LY Ow'E[.( /NE~3 v.v y5.?4 RGres : PRtac_~.t_ 5 (I~,t1 Hcs~s~ uas-t.l_ BE P~~sE~v~D Rs AEiRICULN2Rl_ To .-I1-iS 56uTr1, AsSoG=HTED r2 ,o ;W S A~•,O Df2AtI~RC~e 1iJiU. 3E Ca NSTRuTcD. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physics( setting of overall project, both developed and undeveloped areas. Present land use: ?grban ?Industrial ?Commercial ®Residential (suburban) ?Rural (non-faro ?Forest ?Agriculture ?Other 2. Total acreage of project area: Z-`-~ +7 ci acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION - P,ERLN ~ l3l,S~P ~ ~ 5 0 acres 2 , 50 acres Forested `~'De acres i.3 -acres Agricultural (Includes orchards, cropland, pasture, etc.) i 9~a acres / 7• / acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces - acres acres Other (indicate type)i-RwN AuD LA~1t7SCAPr£N4 acres 2,~8 acres 3. What is predominant soil type(s) on project sites ~-~PA~\'TN lA4Wty <?syer41e4d Sand L.oaIM Dune luhd a. Soil drainage: ®Well drained % of site ?Moderately well drained % 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 N Land Classification Systems ~L 9 acres. (See 7 NYCRR 370). 4. Are there bedrock outcroppings on project sites ?Yes I~No a. What is depth to bedrocks (in feet) 2 ' S. Approximate percentage of proposed project site with slopes. ~0-10% ~ % ?10-15% % - ?15% or greater 6. Is project substantially contiguous to, or contain a building, site, or distract, listed on the State or the National Registers of Historic Places? ?Yes l~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? (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? OYes ~No 11. Does project site contain any species of plan[ or animal life that is identified as threatened or endangered? ?Yes ®No According to _ Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)- ®Yes ?No Describe DutJES LOtwFTEI~ ~TO THE 1Ja,P_TH OF F~~OSEGj S3.T~ 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 ®No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name _ NLH 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? ?Yes ?No b) If Yes, will improvementr be necessary to allow connection? ?Yes ?No 78. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ?Yes ONo 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 ®No ' 20. Has the site ever been used for the disposal of solid or hazardous wastes? ?Yes ~No 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 ZS ~ 7 9 acres. b. Project acreage to be developed: ~ 5'~ 9 acres initially; Z5, 79 acres ultimately. c. Project acreage to remain undeveloped 1'7. t l acres. j'S a)"I Q-c~j ~ d. Length of project, in miles: (If appropriate) e. if the project is an expansion, indicate percent of expansion proposed °,6; f. Number of off-street parking spaces existing 4 ;proposed f ~ g. Maximum vehicular trips generated per hour Z (upon completion of project)? h. If residential: Number and type of housing unitr: One Family Two Family Multiple Family Condominium Initially ~ Ultimately y 1. Dimensions (in feet) of largest proposed structure height; ~ ~ width; I~ O length. j. linear feet of frontage along a public thoroughfare project will occupy Is?`~66.3O ft. 3 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? ~ tons/cubic yards Will disturbed areas be reclaimed? 1~Yes ?No ?N/A a. If yes, for what intended purpose is the site being reclaimed? DR1VE f}YS fNC~S, (,ikNO5Ci1PrArj b. Will topsoil be stockpiled for reclamation? ?Yes ?No c Will upper subsoil be stockpiled for reclamation? ?Yes ?No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed•from site? 3' 3~ acres. S Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ?Yes `ENO 6. If single phase project: Anticipated period of construction tz months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase ~ month _ year, (including demolition). c. Approximate completion date of final phase month _ year. d. Is phase ~ functionally dependent on subsequent phases? ?Yes ?No 8. Will blasting occur during construction? ?Yes i$)No 9. Number of jobs generated: during construction ;after project is complete _ 10. Number of jobs eliminated by this project - 11. Will project require relocation of any projects or facilities? OYes ONo If yes, explain 12. is surface liquid waste disposal involved? ?Yes ?Nd - - - a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 1 13. Is subsurface liquid waste disposal involved? 1alYes ONo Type PiP ltMrnQVy San aO.t'~ vUII~~2lNlx~~ 14. Will surface area of an existing water body increase or decrease by proposal? ?Yes ?No Explain 18. Is project or any portion of project located in a'100 year flood plain? ?Yes ?No 16. Will the project generate solid waste? ®Yes ONo 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 S^.~1-1,o1d IRaD~t\j location ~o,.:~~,o1d d. Will any wastes riot go into a sewage disposal system or into a sanitary landfill? OYes ?No e. If Yes, explain ~gcyClables 17. Will the project involve the disposal of solid waste? ?Yes ?No a. If yes, what is the anticipated rate of disposal? ~ tonslmonth. 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 @tJo 20. Will project produce operating noise exceeding the local ambient noise levels? OYes ~No 21. Will project result in an increase in energy use? 9'1'es ?No If yes ,indicate type(s) E~EGtRtG C'IVtS °t= DtL 22. If water supply is from wells, indicate pumping capacity. ~ ~ gallonslminute. 23. Total anticipated water usage per day N ~ ' gallonslday. 24. Does project involve local, State or Federal funding? ?Yes C~No If Yes, explain 4 . r 25. Approvals Required: Submittal ~ Type Date City, Town, Village Board GfYes ?No LAN t7 i~iy~5ybr) City, Town, Village Planning Board f~AYes ?No L4nd C+tJl516r~ City, Town Zoning Board ®Yes ?No LAhcl d tJlSiO~ City, County Nealth Department ~lYes ?NO ~~?tC1 c~tu~Sl Oh Other Local Agencies ?Yes ?No O[her Regional Agencies ?Yes ?No State Agencies ?Yes ?No _ Federal Agencies ?Yes ?No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~-`1'es ONo If Yes, indicate decision required Ozoning amendment ?zoning variance ?special use permit (subdivision ?site plan ?new(revision of master plan ?resource management plan Oother 2. What is the zoning classification(s)of the site? ~ ` ~ 4 A N t7 - e 3. What is the maximum potential development of the site if developed as .permitted by the present zoning? 2-$b A -C 1 ~o oaa F~ lq Lots ~RtL'Ys,'n~ Ivf foc~5 clYAtt,c+J~~ 4 vt t~tJe IGHds~ 4: What is the proposed zoning of .the site? 5. What is the maximum potential development of the site iF developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Yes ?No 7. What are the predominant land use(s) and zoning classifications within a Y mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a mile? ®Yes ?No 9. If the proposed action is the subdivision of land; how many lots are proposedt - FiUE l~~ a. What is the minimum lot size proposed? _ 'l0, 3~~ S. 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)? ?Yes f~No a. If yes, is existing capacity sufficient to handle projected demand? ?Yes ?No 12. Will the proposed action result in the generation of traffic significantly above present levels? ?Yes' J~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 t information rovided above is true to he best of my kno~yledge. Applicand5pons r ame ~ ~ Date Z ~'fJ3 Signature Title If the t Is i e Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with t s acses:ment. 5 ~ • su~- Sub~xidss~orr N~~GhouC a Cover Lefter ~eYf.(~er; ~ 01w-~ C-j U I CJ~U lM G1 Z i I e J~ ~ n C. SuGjecf.: iM ceps Urec~p~ ~ c~-~~'j,i~c~ sc,~Tnl#: rood- ~ 3 ~ a - l Date: 5. 3 U ~ O 3 Co~ti'z.a~ienls: p ~ D YAY30~ touthdd TorM1 Planni 8oen1 MAR 1 3 2003 D Southold Town Planning Board ~ i gUFFO(,~ PLANNING BOARD MEMBERS ~Q ~'0 BENNETT ORLOWSKI, JR. h~~ ~ P.O. Box 1179 Chairman o ~ Town Hall, 53095 State Route 25 to Z Southold, New York 11971-0959 RICHARD CAGGIANO ~ Tele hone (631) 765-1938 WILLIAM J. CREMERS ~ ~ ~ P KENNETH L. EDWARDS y?j~l ~aO~ Fax (631) 765-3136 MARTIN SIDOR, JR. August 20, 2002 PLANNING BOARD OFFICE Jeffrey Butler, P.E. TOWN OF SOUTHOLD PO Box 634 Shoreham, NY 11786 Re: Town of Southold Moratorium Major and Minor Subdivisions Minor Old Orchard at Cutchogue SCTM# 1000-100-6-9.1 Minor Oregon Landing SCTM# 1000-83-2-9.1 Dear Mr. Butler: i As you are the agent for the above applications please be advised that a Local Law was adopted at the regular meeting of the Southold Town Boazd on August 13, 2002 entitled "Local Law to a Temporary Moratorium on Processing, Review of, and making decisions on applications for Major Subdivisions, Minor Subdivisions and Special Use Permits containing Dwelling Units in the Town of Southold". The Local Law Number 3. 2002 is attached. The Local Law states that the Planning Board Office "shall not accept, review continue review, hold hearing or make any decision upon any application for a subdivision, whether that subdivision application was submitted prior to or after the effective date of this law" for a duration of six months beginning August 13, 2002. The above applications are covered by the moratorium. If you have any questions please do not hesitate to contact my office at 631-765- 1938. Sincerely, Bennett Orlowski Jr. Chairman ~ Enc. Cc: Joshua Y. Horton, Supervisor Town Boazd Planning Boazd Greg Yakaboski, Town Attomey Kathleen Murphy, Assistant Town Attorney JEFFREY T. BUTLER. P.E. Pal P.?. Box 634 SHOREHAM, NE 1 786 (631 82 885? (63 1) 8 1 -7287 Fax Member National Society of Professional Bngineers Member National Council of Building Code Officials Licensed Professional Engineer June 17, 2002 Town of Southold Planning Department Re: Oregon Landing Dear Sirs: Attached please find for your review the following items related to the above referenced application: Completed Subdivision Application Form Part 1 EAF? Authorization Letter from owners Copy of Property Deed / Transactional Disclosure form Application Fee of $3,000.00 8 copies of Sketch Plan for proposed 4-lot subdivision If you should have any questions, please do not hesitate to call me at 631-821-8850. $~ncerely, ffre T. Butler P.E. Y , . - :S r ar, ~k F ~ t j 1 1 f ~ ~ i~ i - .~p~ R ' r R~ ~ ~ ~ ~ . ~ o ~ ~ R 1 Y ~:f ti fin; ,t1,~~,33~Lc . •1 ~ t:I. ~ R~ ,~Yl" -~fi~i• '~+a yr ~ `~ny+F' K~ . 41~ 4 + ,1 ~ - .It' til' M ~ • ~~y.~ ~r . 1. 'X""_. V' ~ ~ l~ ~ ,l ' t x5 . •'~S. V~~ It r~ } ~ iffy ~ , r ~ T ~ r K . ? ~ ~ ; ~ MEMORANDUM To: Planning Board File From: Anthony Trezza, Senior Planner Date: February 15, 2007 Re: Conservation Subdivision of Oregon Landing I 1000-83-2-9.1 The Planning Board is in receipt of a correspondence from the Cutchogue Fire District indicating that the Fire Well No. 1 is not needed because of the existence of public water along Oregon Road. However, Fire Well No. 2 is needed because of the length of the driveway. The Board accepts this change to the approval but will not require that a new resolution be prepared. S:\Planning\2007\Subdivisions\Memos\pb 2.15.07.doc i ~ CUTCH(~GUE FIRE DISTRICT S f ~ Board of Fire Commissioners r ~ r, o. 260 New Suffolk Road, Cutchogue, NY 11935 Telephone (631) 734-6907 Fax (631) 734-7079 E-mail: cutfdC?optonline.net ITebruary 3, 2007 Anthony Trezza ; i - Southold Town Planning Board , ` PO Box 1179 ~fl Fi ^ Southold NY 11971 Dear Mr. Trezza, ~ 3 - - ~ . ~ _ _ --J Reference to the Conservation Subdivision Oi`e on •1;antlilY 1 ' .,.,1? g-- The Board of Fire Commissioners of the Cutchogue Fire District has reviewed the plans for the above subdivision for fire protection and are hereby advising of the requirements for fire protection. ? Due to the installation of public water provide by Suffolk County Water Supply and Fire Well No. 1 will not be needed on Oregon Rd and the entrance to the subdivision. ? However, Fire Well No. 2 is required due to the length of the driveway, the quantity of dwellings and distances to reach them. In the event a county water main can be installed, this well could be omitted. ? Fire Well No. 2 must provide 500 gallons per minute and fitted with our mating hose connection and our electrical connection. ? Please inform this office when installation is completed and a test can be performed. Thank you for your correspondence, we remain, Very truly yours, Boad of Fire Commissioners 1L~z!,~' Matthew J. Martin, District Secretary • ~ MAILING ADDRESS: PLANNING BOARD MEMBERS -``~QF SQ(/ry P.O. Box 1179 JERILYN B. WOODHOUSE ~4~ ~l0 Southold, NY 11971 Chair y ~ OFFICE LOCATION: KENNETH L. EDWARDS y ~ Town Hall Annex MARTIN H. SIDOR ~ ~ O 54375 State Route 25 JOSEPH LTOWNSEND ~~y~DUMy,~i (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 21, 2006 Matthew Martin, Secretary Cutchogue Fire District New Suffolk Road Cutchogue, NY 11935 Re: Conservation Subdivision of Oregon Landing I SCTM#1000-83-2-9.1 Dear Mr. Martin: Enclosed, please find one (1) copy of the filed subdivision map for the above- referenced property. As you can see on the map, there are two locations where fire wells are required to be installed. However, public water now serves the site and a new fire hydrant has been installed in the approximate location as shown on the map. Please let us know if the fire wells are still needed or if the new hydrant provides adequate fire protection. If you have any questions or need additional information, please feel free to contact this office. Sin r Anthon P. Trezza Senior Planner - _ MAM'ZiHW'IESINC PAGE 0I B'F~5'2'd3u [~3:~y. 631 ~1L~~5~L' ~ ~ MANZI HOb~ES, INC. P. O. BOX 702 ROCKY POINT, NEW YORK 1 ] 7'78 631-744-1039 )~,4X TR~NSMITTA.L LE7'ER I]ATE::~ugust,24 2006 t AU6 2 5 2006 ~ TO: Anthony Ttezza F.ROPvI::iohn Guido ~ ~ ' Fax # 631-765 X136 ~ ~ ~ RE: Oregon Landing il, Bandencbizii ' Dear :'vtt. Ttezza, Please review these Covenants before I file them Thanks, John Guido ~3-a-~.~ 98!25l'2~0b G39: I38 6317a4k^^©32 MGN~IHDMESINC. PAC-aE 02 • • ?HIS DECLARATION made by Luigi. ]3adencnini, Genera' Partner of the Badet:chini Famly Limited Partnership located at 3? Cnuntisbury Avenue, North valley Stream, New 1-ork 11550, hcr~in after referred to as DECLARANT, as owner of pzemises descrbed in Sc};edule ".4" azu:exed hereto (hereinafter refcned to as P.R1rMISESI desire to restrict tie use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall. be conveyed subject to the Following covenants and restrictions: I. D$CLAItANTS have ;Wade application to the Town of Southold (herein aP.er reie~rad to as'I'OWl~+1 for a permit to construct, approval of plans or approve: of a 'vtajor Cluster Subdivisinr or development nn the PREH4I5$S. i. [\s a coed?lion o£ approval by the TOWN of the subdivision or development application, the DECLARANTS covenant as follows: a. that there shat be SG' buffer "set back from the top cf BluPfl' said buffer to be undisturbed ~x+ith tY_e expectation of the removal of dead or. noxious vegetation, and wither, the 59' buffer dead trees aizd choir-y trees s:rtaller than 5" can be removed by hazed, re-vegetate understory with low bush blucbenry, irtk berry and bayberry. Existing trees may be manually p>'uied and trimmed as necessary. Grading within the 50' buffer is prohibited; and b. that no clearing of said 50' buffer, with the expectation of the removal cf dead ex noxious vegetation, ;.hall take place without the approval of the TOWN Planning Board; and e. that their successors and/or assigns, must submit an erosion control and re- vegetation peen to the TOWN Planning Department when seeking the aforementioned approval; and d. that neticly planted areas as noted nn the p]at shall sur,•ive `or a period of two (2) years Following the release o bond; and e. that no storm water resulting from the development and improvement of the subdivision or any of its loU shalt. he discharged down the face of the bluff in any marrer; and f, that nu new residential stn.cmre or sanitary facility shall be constructed or ot7terwise lo:;ated within I QO it.',andwazd from the top of bluff, and g. that on areas of the blu Tthat have exposed soil, beach grass (Ammophilia Breviligulata) shill be planted prior :o the release of ti:e performance guazantee and that said beach grass shall survive for a period of five (5}years; and h. that prior t~ t:ne f real approval of this major cluster subdiv'si,on DECLA.R.r~'vTS shall provide a signed written statement addressed cn the Planning 13oard that states "the creation of this subdivision in no way ccmmits either the Town. of Southold nr the County of Suffolk to any program to protect this property from 61uff and shoreline erosion. thrcug}r the cnr.strrction of engineering or other works; and t. ,hat prior ro an}` constn;otion aet4viiy, DECLARANTS shall secure a Gwteral Permit ror Storer. Water Runoff from Construction. Activity (GP-02-Oi) b38l25i'~[~36 U'3: F31'4~1~E.~3: MaNZIHDbE~IryC FAGE 03 • • adtn.inistered by the veto York State Department of Envirorunental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDESI Progzam, and j. that no stairwa,~s, stairs or other structures shall be installed which allow access :o the oeu.ch from parcel l; and k. that no structures shall be proxsed or permitted witk:in 100 feet from the '.op of the blut-f lire without a grading plan. approved by the Office of the 'Town. )?ngine¢r and the Ftazuting Board attd ail aparep-fate permits; a,td 1. that the cI¢aring of existing woods/vegetation. i? the northern area of patce] 5 is prohibited; and. m. chat the final map shall be rendered null and void and the apprcval ofthe subdivision invalid in the event that the closiatg of d:e dev¢]opment rig}tts salt is not complete and proof of sue:, closing s not submitted. to i!re Town of 5euthold Flanning Department, and n. that all structures use gutters, leaders and subsurface dryweils to retain surface runoff, and u. that' DECLARANT, their hairs, successors aitd assigns use native plants and attempt to use disease-resistant and drought-rolerant plants in the landscaping of the subject subdivision, and p. that DECLARANT, their heirs, successors and assigns refrain from the residential application avr,d use of synihctte pesticides and fertilizers capable of catering fnc potabic water supply, u:d q. ;hat DECLARA~: T, their heirs, successors and assigns use only ;ow rlow farce?s anal toilets as per Suffolk County water Authorin•, and r, that DECLARANT, ,heir heirs, successors and assigns use only.pervious driaetvavs to serve each Iat and s. that the Tb~.rat of Southold $uilding Department shall not issue building pam,.its for at,y lot depicted on ±he f nal map until the closing of he deveiopmem rights sale completed in accordance with the approved map and proof of such dosing is submitted to the T^wn of Southcld Planning department, and t, that the subdivision open space is equal to 87,439 square feet or 2.02 acres and i> include3 in and part of parcel 5, and u. this subdivision is sub~ect to the Article ;{Jill; Farniland Bill. of Rights (Added 5 ~7-1997 by.L,L. No. 11.199?) Section 100-220, Right to Farm ofthe Town of Southold Town Code. 3 The DECLt\I3A\TS ti,eir successors anal/rr assigns shall sM `orth :hose covenants, agreemer:ts and declarations in any and a111eases fo occupants, tenants andior lessees of the a~ov.-described property and. shall., by their terms, subiect Same to the covenants and resrsictiens containad h¢re~.n. Failure of the DECLa,RANTS, their successors and~or assigns tc :e condition the leases shall not invalidate their automatic sugjugatien to the covenans and resttic±ions. All of the covcraucs and restrictions contained herein shall ba in addition to and not in derogafron of l'_mitation upon any' provisions of local, start, and federal laws, ordinances, andior regulations in effect at the time of execation o<this agreement, ~6!~6~29~E [.19:. a~'_ f~37.741JN3~ M:VJZIHOMESLNC FAQ 84 • • or at the time such laws, ordinances, and!or regt,lations may' thereafter be revised, amended, or promulgated. t, Th'ss d~cumen': is made subject to the provisions o£ a1~ laws required oz by :hair previsions to he incorporated herein and they are deacned to be incomeorated here'n and made a part Hereof, as thoug$ fully set forth. 6. The aforementioned restrictive covenants shall be enforceable 'ay the Town of Southold, State of New Yor1t, by injunctive relief or 6y any other remedy in equity ar at law. The failure of said. agencies of the Tawr. of Southold to enfore the sa.'ne shad not be deemed to affect tae validity of tlti£ covenant not to impox any liability whatsoever uron'he Coutrry of SuFfolk or and' officer or employee thereof. 7. These covenants and resrictions shall rue with the land and shall be binding on the DECL,aR.ANTS, their successors and assigns, and upon al] persons or entities claiming under them. If any section, subsection, paragraph, clause, p'trase or provision of these covenants and restrictions shall., by a Court of competent jurishi^tion, be adjudged illegal, Gnlaw>;al, invalid, or held to be unconstitutional, the same shah not effect the validity of the covenants as ?whole, or any pan ox provision hereof other that: that part so adjudged to ix illegal, urlattful, invalid, or unconsr,tuzional. 9. These covenants aftd restrictions cannot be revised, modified or ofnerwise amended without a majority plus oae of the Planning Board, subject to a public hearing. 10. T.'lIe within Declazation is made subject to the provisions o'f all laws required bylaw or 6y their provisions to be ixcorporated herein and made a part hereof, as thot+gh fcily set forth.. That the within declaration shall run with the land and shall be binding'apon the 17ECI,AR.ANT and its successors and assigns, and upon all persons ox entities claiming under thetr.., and may not he annul'.ed, ~x~aived, changed, modified, texrrinated, revoked or amended by subsequent owners of the property unless and until approved by a zztajority plus one vote of the Plaftzung Beard. of the Town of Southold or its successors, after a public hearing. BADLNCHINI FAMILY LTMITFD P.~ItTNERSHIP By: Luigi Bad,erchiai, General Partner '38?25: L~d6 i~9: 3g 6~;ir 1-1E~~~32 MANZIHG?'IESIN~'. FAGS 05 • ACHIVCIWLEAG1ViE~~' State of New York } j ~ ss.. County of On ti.e _ day of ir; the year 2006, before me, the undersigrled, personally appeared, Luigi 3adenchini; personally known to me or proved to me nn the basis of satisfac'on.• evidence to be fnc individuals whosa name{a1 isiare subscribed tt~ the a ithin instrument and acicro~vlecged to me t!zat he/she/they executed the same in 'ris/herltheir capacity(ies); and that by his,%her/their signatnr~;(s) on tnc instrument, the individual(s) or the person on'oehal£ of which the individual(s) acted, executed the instruncnl. ~Nataz-ti Aublic • • M? 5.f STEVEN E. LOSQUADRO ATTORNEY AT LAW 849 ROUTE 25A SUITE 4 ROCKY POINT, NEW YORK 11778 (831) 744-90'70 FAX (881) 744-9421 W W W.LOAQi7ADROLAWFIRM.(`OM January 6, 2006 LY FAY AND MAIL Mark Terry Senior Environmental Planner Town of Southold P.O. Box 1179 Southold, New York 11971 Subdivision of Oregon Landing I Located n/o Oregon Rd., Between Cox's La. & Bridge La., in Cutchogue SCTM # 1000-083.00-02.00-009.001 Zoning: A-C Dear Mr. Terry: Pursuant to your conversation with John Guido from Manzi Homes, Inc., partial clearing of three (3) of the lots contained in the above-referenced subdivision will begin, weather permitting, on Tuesday, January 10, 2006. Thank you for your courtesy. Sincerely, Steven Losquadro (~j 0i'dS1200E~ 05'. 2y E317449421 STEVEN E L05QUF;DRO PAGE 02 • • SI ST.T.!:VEN F. LO~QL: AD72U orra~pR.NiLx wT z.aw yy~ (iJ31 ROL'TF, ilf3;a SLTLTIi: ~ ~ ' 1 ROCk"S: POINT, NLW 'Y072K 1].7'78 891; 7oa,•9040 xr~ (ea17 744•U421 ww•rv.noAprr.~aixal. nwmrra~r, t:ox ~b January 6, 200G BX FAX AND MAIL Mark Tcrry Senior );m~ironrtental Planner Town of Southold. P.O..Box 1179 Southold, New York i 197; Subdivision of pregon Landing [ Located No Oregon Rd., Between Cux's La. & Bridge La., in Cutchogue SCTNI 1i 1000-083.00-02.00-009,OOf Zoning: A-C Dear Mr. Terry: Pursuant to your conversation wiUl John Guido from Manzi Homes, Inc., partial clearing of three (3) of the lots contained iu the above-referenced subdivision will begin: weather pe:xnitting, on Tuesday, January 10, 2(,05. 1 hanJ< you for your courtesy. inczrely, ~ ~c~ I Stevrn Losquadro D1/86!2©db d5: 25 6317449421 STEVEN E LpSQI_IpDRrJ PAGE 01 STFVL7.~ L013G1L'9DR0 nm'.[mORNIdY AT :GAw fiaA E20UT1L' 2'S,# 9[TT?.rE & N.pC;[iY Ptll!v;T„ ;VE{P YO.12tZ 777: Fl, W W W.IA9C} I)q,~~pRpL.9F'T'.r.RM.pOrvl FACSIMILE TRANSMITTAL 76~- 3i36 TO' Mark Terry -Senior Environmental Planner FROM: STEVEN E. GOSQUADRO, A.C. RE: Subdivision ofOreeon Landine 1 DATE: January 6.2005 Please see attached. ? paSesincludia~ cover This nresengc ~s init'nced only far the nta of lhu individual nr aelily lv which it ~s aAArascd and n;ny winain in!irnunon (IL9t IS rttivi Iced and canfUutlinl onA exempt I}rm disdnsur^-. If the render :rFrhis mess:>se s not the intended reciplcrrt many ernp6yce a~ .gent responsible fnr delivering Iha message to ;hc attended recipient. you are hcr.by nnlificd that any tl0seminmim, A~strihnnma or .spying of thin enmmwicativn ix strictly prohibited. II'yeat have recrrvcd this cm mulica4on in ennr, plaasse notify us innnediafely Sy Iclcphone anA relUm Iho nrriginnl nussnge to rn by' mail Think 1'au ~97/25/29a5 13:58 5317439032 MANZIHOM£SINC PAGE B1 • ~ S~~ MANZI HOMES; INC. P.O. Box 702 Rocky Poirot, N.Y. 11778 Phone-631-744-1.039 Fax-631-744-0032 ``Fax Transmission Sheet" Date: - a S -~..s~ To:- ___~_C~ C~ _~_4~5~.~.__--------..__..-------------------------- Dept./ Company: --~-~-N--S~~_.-~~?~.~_~n ~ ~ Fax:- 3~--~~ From: - _~~..~..~t:~i~?tL...---------------------------------_-_--------- 1tE: Q t f' o~~~ Se ~ 0.~~a~~e-~ . n )Gy~~~ a,`~t- Number of Pages Transmitted a~ .Including this Page If there are any problems with the transmission of this material, please contact us at (631-744-1039) Thank Yau. ~0U25/28d5 13:48 631'44:) t~32 MANZIHOMESiNC PAGE 02 • • ~ SUFFOLK COUNTY Map Department REC NO. 5a993 DATE: 07/25/05 NAME MANZIHOMESINC ADDRESS PO [30X 70i ROCKY POINT,NY 1?77B Now Paid CHECK*a 23665 MAIL PICK UP CASH N,O. CHK. OFF. CHRd, NO CHRG. R.A. COPIES DESCRIPTION CODE FEE 1 FILED MAP FMP02C $10,00 OREGON LANDING I MAP# 11290 ABSTRAGT# 15531 FILED 7/25!05 AT 1:15 PM ? CERT COPY CI502C $ 5.00 TOWN OF SOUTHOLD TOTAL: $ 15.00 • ~ MAILING ADDRESS: PLANNING BOARD MEMBERS ~~OF SO(/j~o P.O. Box 1179 JERILYN B. WOODHOUSE hQ l~ Southold, NY 11971 Chair ,I/~ ~ OFFICE LOCATION: WILLLAM J. CREMERS Tin ac Town Hall Annex KENNETH L. EDWARDS G ~ ~O 54375 State Route 25 MARTIN H. SIDOR ~ly ~rtV ..~1 (cor. Main Rd. & Youngs Ave.) GEORGE D. SOLOMON C~Vi11 ~~a Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 8, 2005 Mr. Joseph Manzi c/o Manzi Homes P.O. Box 702 Rocky Point, NY 11778 Re: Proposed Standard Subdivision of Oregon Landing I Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue SCTM#1000-83-2-9.1 Zoning: A-C Dear Mr. Manzi: Enclosed please find one plat signed by the Chairperson of the Southold Town Planning Board issuing final approval for the action. Please contact this office if you have any questions regarding the above. Very truly yours, ~ Mark Terry Senior Environmental Planner encl. cc: Tax Assessors Building Dept. ~ ~ S vr~~ Submission Without a Cover Letter Sender: Q-~-f~ G~~c~ Subject: ~N ~~E~ SCTM#: 1000 - ~ _ Qf 1 Dace: ~ ~ ~ ~ Comments: ~v (i~ ~ '~n r,. JUN 3 ~ s~,~,noi~' a Toy'" Vla°,r,;ng coed ~ ~ I, Richard Manzi, this day received from Mark Terry five (5) copies of Oregon Landing I mylar maps. ~ ~ ~ ~ _ ~ ~ ~ C~2~~ Ste' Date 2005 • • ~V~r ~~pF SOpr~ ?ch~;,~'~t- ELIZABETH A. NEVILLE ylQ Town Hall, 53095 Main Road TOWN CLERK ~ ~ P.O. Box 1179 REGISTRAR OF' VITAL STATISTICS H ~ Southold, New York 11971 MARRIAGE OFFICER ~ ~ ~O Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ,M ~ Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER CQVI11,i~ southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 385 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 21, 2005: RESOLVED that the Town Board of the Town of Southold hereby accepts the Letter of Credit No. 050602 issued by the Suffolk County National Bank in the amount of $164,245.00 for the roads and other improvements in the proposed subdivision "Oregon Landing I" located at the north side of Oregon Road between Cox' Lane and Bridge Lane, Cutchogue, New York, SCTM #1000-83-2-9.1 as recommended by the Southold Town Planning Board and the Town Engineer, all in accordance with the approval of the Town Attorney. ~~~rsMt~'". Elizabeth A. Neville Southold Town Clerk J i ; JUN 3 0 2005 ' ~ S^.~' ;~~!tl 7ov~in F -i ` MAILING ADDRESS: r 'PLANNING BOARD MEMBER ~~OF SOUlyO P.O. Box 1179 JERILYN B. WOODHOUSE ~Q Southold, NY 11971 Chair OFFICE LOCATION: WILLL9IvI J. CREMERS N ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~O 54375 State Route 25 G ORGE D SOLOMON Ol~~'oU'M (cor. Mason ho1dYNY gs Ave.) I'11, Telephone: 631 766-1935 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 14, 2005 Mr. Joseph Manzi c/o Manzi Homes P.O. Box 702 Rocky Point, NY 11778 Re: Proposed Standard Subdivision of Oregon Landing I Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue SCTM#1000-83-2-9.1 Zoning: A-C Dear Mr. Manzi: The Southold Town Planning Board, at a meeting held on Monday, June 13, 2005, adopted the following resolutions: WHEREAS, the proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2- 9.1)into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale to the Town of Southold; and WHEREAS, the applicant has entered into a Sale of Development Rights Contract with the Town of Southold on January 7, 2004; and WHEREAS, on May 9, 2005, the Planning Board granted conditional final approval on the plat, dated as revised March 22, 2005, and all conditions have been met; and WHEREAS, the applicant has submitted the Park and Playground Fee in the amount of $21,000.OO;and WHEREAS, the applicant has submitted a Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245.00; and WHEREAS, the applicant has submitted the Administrative Fee in the amount of $9,854.70; and Oregon Landing I -Page Two - 6/14/05 WHEREAS, the applicant has entered into a contract (#11-03-230-C) with the Suffolk County Water Authority to install approximately two thousand one hundred twelve (2112) feet of main on Cox Lane and one thousand eight hundred twenty three (1823) feet of main on Oregon Road; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board accepts the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245.00 and recommends same to the Town Board; and be it further RESOLVED, that the Southold Town Planning Board grant final approval on the plat, last revised on March 22, 2005, and authorize the Chairperson to endorse the plat upon the satisfaction of the following condition: 1. The approval of the Letter of Credit #050602 by the Town Board. The mylar maps, when endorsed by the Chairperson, 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- two (62) days of the date of final approval shall become null and void. If you have any questions, please do not hesitate to contact this office. Very truly yours, ~ erilyn oodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator THE SUFFOLK COUNTY NATION•L BANK COMMERCIAL LOANS ~ 4 WEST SECOND STREET, RIVERHEAD, NY 11901 PHONE: (631) 206-2266 FAX: (631) 727-1399 June 2, 2005 f _1 Town of Southold 53095 Main Road - ~ wJ5 Southold, NY 11971 Re: Subdivision of Oregon Landing 1 SCTM#1000-83-2-9.1 f _ Irrevocable Letter of Credit No. 050602 Madam and Sirs: By order and for account of our client Manzi Homes Inc., of 1800 Route 25A, Rocky Point, New York 11971, we hereby issue in your Favor our Irrevocable Letter of Credit No. 050602 up to an aggregate amount ofU.S. $164,245.00 effective June 2, 2005. Funds under Chis Letter of Credit are available by your sight draft(s) drawn on us, indicating our Letter of Credit No.050602 and accompanied by: "Beneficiary's signed statement certifying that Manzi Homes, Inc. has failed Co complete improvements to the subdivision known as Oregon Landing L SCTM #1000-83-2-9.1, zoning A- C, on Oregon Road between Cox's Lane and Bridge Lane in Cutchogue." Improvements include: "the subdivide of a 25.79 acre parcel into 5 lots where parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale to the Town of Southold" as per Planning Board letter dated May 9, 2005. Draft(s) drawn to state: "Drawn under The Suffolk County National Bank Letter of Credit No. 050602 dated June 2, 2005." It is a condition of the Letter of Credit that it shall be deemed automatically extended without amendment unless we shall notify you in writing by certified mail at the above listed address ninety (90) days prior to expiration that we elect not to consider this Letter of Credit renewed for any such additional period. In such an event the Letter of Credit may be drawn on in the full amount. We hereby engage with you to honor your draft(s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: The Suffolk County National Bank, 4 Wes[ Second Street, Riverhead, New York 11901. Address all correspondence regarding this Letter of Credit to The Suffolk County National Bank address mentioning specifically our Letter of Credit No. 050602. Except as far as otherwise expressly stated herein, Che Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publications No. 590. ~/The Suffolk County National Bank ~1~,~ a lice / dtu~ Senior Vice President THE SUF~LK COUNTY NATION~L BANK COMMERCIAL LOANS D 4 WES'P SECOND STREET, RIVERNEAD, NY 11901 PHONE: (631) 208-2266 FAX: (631) 727-1399 Tune 2, 2005 - I_ ~ Town of Southold 53095 Main Road ~ LQJ~ Southold, NY 11971 Re: Subdivision of Oregon Landing 1 SCTM#1000-83-2-9.1 1 " I Irrevocable Letter of Credit No. 050602 Madam and Sirs: By order and for account of our client Manzi Homes Ina, of 1800 Route 25A, Rocky Point, New York 11971, we hereby issue in your favor our Irrevocable Letter of Credit No. 050602 up to an aggregate amount of U.S. $]b4,245.00 effective June 2, 2005. Funds under this Letter of Credit are available by your sight draft(s) drawn on us, indicating our Letter of Credit No.050602 and accompanied by: "Beneficiary's signed statement certifying [hat Manzi Homes, Inc. has failed to complete improvements to the subdivision known as Oregon Landing 1: SCTM #1000-83-2-9.1, zoning A- C, onOregon Road between Cox's Lane and Bridge Lane in Cutchogue" Improvements include: "the subdivide of a 25.79 acre parcel into 5 lots where parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equa175,738 sq, ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale to [he Town of Southold" as per Planning Board letter dated May 9, 2005. Draft(s) drawn to state: "Drawn under The Suffolk County National Bank Letter of Credit No. 050602 dated June 2, 2005." It is a condition of the Letter of Credit that it shall be deemed automatically extended without amendment unless we shall notify you in writing by certified mail at the above listed address ninety (90) days prior to expiration that we elect not to consider this Letter of Credit renewed for any such additional period. In such an event the Letter of Credit Inay be drawn on in the full amount. We hereby engage with you to honor your draft(s) as specified above when accompanied by documents in conformiry with the terms and conditions of this Letter of Credit when presented to: The Suffolk County National Bank, 4 West Second Street, Riverhead, New York ] 1901. Address all correspondence regarding this Letter of Credit to The Suffolk County National Bank address mentioning specifically our Letter of Credit No. 050602. Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publications No. 590. ~r"' ~ f,/' The Suffolk iCounry National Bank e - / ' ~a Yice~~-dm~ Senior Vice President Submission Without a Cover Letter I V I ' Sender: IYVI- Subject: ~ dam/ I SCTM#: 1000 - ~ ~ ~ ~ ~ 1 Date: Comments: ~ ~ s~~ ~ ~ ~~~r= M/ Submissiou Without a Cover Letter Sender: ~~Fr~..1 ~.~>\'t: ~ L Subject: C:~e~-,cy,- ~•-.c~~,~~~ SCTM#: 1000 - _ ~ L ~ ` ~ ~ Date: "'S:~.~ c t;°=.~ Comments: -k-~ ~ ~~k r ~.\C`' c t~~~ C U Ci.( L' ~1~7v~ ~GvS.A , y~ C ~i i s "Ib_i~.. ,i . 76~'7~/~775 16:23 631'+497634 MFVJZIHUMESINC PAiaE 7'- / • • S~ MANN HOMES, INC. P.O. Box 7D2 Rocky Point, N.Y.11778 Phone-631-744-1039 Fax-631-744-0032 "Fax Transmission Sheet" Date: - 7 S m Hn.F-- -r 1~ 2ru~_ Aept.lCompany: --~a~~~-----~~`•~=!`~~------------- Fax:--------------- ~_3 ~ From:------- `-=-~Q-~N-----`-~Y ~_fJc~ RF,: .S ~ ~ G ~ ~~.12.. M I I i w~ ~ ! C~,~y ~s~ i JS I'~ - Number of Pages Transmitted,_~Including this Page If there are any problems with the transmission of this material,~lease contact us at (631-744-1039) xhank Xou. 9E!0~!2~JJ5 16:''S c317aat703`l MANZIHOI~SINC PgGE rJ2 • • J New York State Department of Environmental Conservation Division of Water Bureau of Water permits, 4'" Floor 625 Broadway, Abany, New York ?2233.3505 Phone: (51&)402-3111 ~ FAX: (5 81 AG2.9G29 Dense M. Sxehan Aging Webstle: wrwv.dec.state.ny.us commissioner 526/2005 Grcgon Laudit:g l PO Box 702 Rocky Point N~" 1 1778 1" Re: ACKNOWLEDGMEIT of ;HQTiCE of I:VTEIVT for Coverage Under 5PllE5 General Permit for Starm l~~arer Discharges from CONSTRLiCTION ACTIVITY General Permit r'o. GP-02-O1 ` 1 Dear Prospective Pemzutee This is to ackaowlcdgc that the tien• York State Department of Emdro-uttental Conservation (Department) has r•eccived a complete Notice of Intent (NO1 i Cot coverage under General Ponnit ho. GP-02-G 1 for the construction activities located at: Oregon I,.anding 1 arcgan Raad Southold NX 11971 Pursuatrt to Envitrntnentai Conservation Law (EGL) Article 17. Titles 7 acid 8, ECL Article 70, discharees in accordance with GP-02-O1 from. the above constniction site will be autltoriacc. 5 business days from 5/19!2005 which is the date we received your Gnal NOI, unless notified diti'erently by the pepartment. The permit identification number for this site is: NYR 101922 13e sure to include this permit identificar.on cumber on any forms or correspondence you send us. When :overage utuler the permit is no lon~zer neoded. you must sttbmit a Notice of Terminatian to the Department. This autharizati,cn le conditioned upc„ the following: 1. The in.fonnatior. submitted in the NO.I received by the Department on 5119,`2005 is accurate and complete. 1. You have developed a Storm ~YvateC Pollution Proventior Plan (SWPPP) that complies with GP-02-Oi whic`z must be implenten±ed as the fi*st element of construction at the above-noted. construetion site. 3. Acti~itic5 related to the above cous:ruciion site comply with all other re~uiremetris of GP-02-O1. 06!0%!2045 16:8 63174~003~ MANZIHl7hESINC PAGE 03 • 2 4. Payment of the annual SSO regulatory fee, which is billed separately by the Department in the mid- summer. The regulatory fee corers a period of one calendar year, in addition, as of April I, 2004, cousttvction stertmvater permittees will also be assessed an initial authorization fee of ~0 per acre of land. distunc~d and $300 per acre of future impervious area. The initial authorization fee covers the duration of the authorized disturbance. 5. You have obtainer! 311 necess~~n' liniforr:, Procedures Act (U?A) permits. You. should check with your Regional Permit Administrator for further inzotination. (tiote: Construction activities cannot commence until all [JPA permits ha,c• b^c:~ issued ) Please be alvised that the Department may request a copy of your' S WPPp for review. S"ou!d you have any qucstio~s regarding any aspect of the requirements speciEed in GP-02-O1, please contact Dave Gasper at (51$) ~+02-$ 114 or the undersigned at (51 402-8109. Sincerely: ""r~y~,,, ~,~.t., Toni Cioffi. Environ,^tental. Program. Specialist I tc cc: RW'B - 1 ~ ~ ~i Submission Without a Cover Letter Sender: Subject: 8-r~ SCTM#: 1000 - ~J ~ ~ ~ / , J Date: ~ C-P ~ ~ 5 Comments:, ~J~j # c~ 3a-~D ~ ~ ~ l ~J '7 e.- en ~ ~ ~ 4 ~ ~ 3 I ~ ~ s -1~-u C ~s~n4c~ ~ ~ z l-}-r- Sc~ ~ ~ L~ - ~ C~~ ~ ~ 5~~0~ ~ 1~`~~z~+s ,ate. THE SUFFOLK COUNTY NATION BANK COMMERCIAL LOANS ~ 4 WEST SECOND STREET, RIVERHEAD, NY 11901 PHONE: (631) 208-2266 PAX: (631) 727-1399 June 2, 2005 Town of Southold 53095 Main Road ~J Southold, NY 11971 Re: Subdivision of Oregon Landing 1 SCTM#1000-83-2-9.1 _ Irrevocable Letter of Credit No. 050602 Madam and Sirs: By order and for account of our client Manzi Homes Inc., of 1800 Route 25A, Rocky Point, New York 11971, we hereby issue in your favor our Irrevocable Letter of Credit No. 050602 up to an aggregate amount of U.S. $164,245.00 effective June 2, 2005. Funds under this Letter of Credit are available by your sight draft(s) drawn on us, indicating our Letter of Credit No.050602 and accompanied by: "Beneficiary's signed statement certifying that Manzi Homes, Inc. has failed to complete improvements to the subdivision known as Oregon Landing l: SCTM #1000-83-2-9.1, zoning A- C, on Oregon Road between Cox's Lane and Bridge Lane in Cutchogue." Improvements include: "the subdivide of a 25.79 acre parcel into 5 lots where parcel l will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale to the Town of Southold" as per Planning Boazd letter dated May 9, 2005. Draft(s) drawn to state: "Drawn under The Suffolk County National Bank Letter of Credit No. 050602 dated June 2, 2005." It is a condition of the Letter of Credit that it shall be deemed automatically extended without amendment unless we shall notify you in writing by certified mail at the above listed address ninety (90) days prior to expiration that we elect not to consider this Letter of Credit renewed for any such additional period. In such an event the Letter of Credit may be drawn on in the full amount. We hereby engage with you to honor your draft(s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: The Suffolk County National Bank, 4 West Second Street, Riverhead, New York 11901. Address all correspondence regarding this Letter of Credit to The Suffolk County National Bank address mentioning specifically our Letter of Credit No. 050602. Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publications No. 590. ~1 %'"-The Suffolk County National Bank r.~ ~~/l~ "'---"La ncv~ e ~Ilu~ Senior Vice President s h,. • COPY SUFFOLK COUNTY WATER AUTHORITY 624 Old Riverhead Road, Westhampton Beach, New York 11978-7407 (631)288-1034 Fax (631)288-7937 August 14, 2003 Manzi Homes 701 Route 25A Rocky Point, NY 11788 Attn: John Re: 11-03-230-C Dear John; Enclosed please find for your rerords one fully executed copy of Construction Contract, 11-03-230-C covering the installation of water main on Oregon Road, Cutchogue. 1f you have any additional questions please contact our New Construction Department at (631) 288-1034. Our normal business hours are 8:30 a.m. to 5:00 p.m., Monday through Friday. Very truly yours, Dennis R tmer Assistant Manager DR/ak enclosure 66\Executedco ntToc u st Revised 6/03 Form 194 Rev. 698 For Reai Estate Developers Authorization NO. 11-03-230-C (Fixed Cost) SUFFOLK COUNTY WATER AUTHORITY CONSTRUCTION CONTRACT THIS AGREEMENT between MANZI HOMES, INC. a domestic corporation having its principal office at 701 Route 25A, Rocky Point, New York 11788, party or parties of the first part hereinafter known as "Developer", and the Suffolk County Water Authority, a public benefit corporation having its principal office at Sunrise Highway, corner of Pond Road, Oakdale, New York, party of the second part hereinafter known as "SCWA". WHEREAS, the- Developer desires to secure water and water service at the premises situate at Cutchogue, Sufioik County, New York, and desires an extension of the mains as follows: Install approximately two thousand one hundred twelve (2112) feet of main on Cox Lane, and one thousand eight hundred twenty three (1823) feet of main on Oregon Road (North Road). APR 2 3 'L003 WHEREAS, SCWA is willing to make such extension upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto agree to and with each other as follows: 1. The Developer hereby applies to SCWA for the above extension of its mains. 2. The Developer shall pay to SCWA the sum of One Hundred Sixty Nine Thousand Two Hundred Five Dollars ($169,205.00) in accordance with the following schedule. No money shall be required to be paid upon execution of this contract. The sum of Sixteen Thousand Nine Hundred Twenty One Dollars ($16,921.00} shall be paid upon final approval of the subdivision that is to take service from the pipeline installed hereunder, and the remaining sum of One Hundred Fifty Two Thousand Two Hundred Eighty Four Dollars ($152,284.00) is due and shall be paid with the submission of Developer's site preparation sheet to SCWA. Amounts paid hereunder shall not be subject to any interest charge and shall be applied and disposed of as provided herein. 2A. The contract sum stated in Paragraph 2 includes repaving of the surface of the roads where the pipeline is installed, but does not include, nor will the SCWA be responsible for, repaving of the roads where the balance of the pipeline is constructed in the development. 26. If applicable, SCWA will backfill the trench within the subdivision to the grade of the existing surtace. Compaction of the backfill, if required by the local municipality, shall be the responsibility of the Developer. 3. The SCWA will proceed with due' diligence to make the said extension. If after completion; the length of the extension along the developed street (s) is less than 95% of the length described above, then the Developer is entitled to a refund equivalent to 95% of the extension distance less the actual footage of main installed, times the average cost per foot wifh'restoration. There will be no refund for installations within the development. 4. iT 1S FURTHER MUTUALLY UNDERSTOOD AND AGREED that mains laid or to be laid in said streets shall be and remain the property of the SCWA, its successors and assigns, and that the SCWA retains and shall have the right to extend any main installed by it purstiant to the terms of this agreement in or to other lands, streets, or avenues. However, if within five years from from the date of contract execution, a newly constructed building takes service from the water main installed under this contract, there shall be a refund available from the installation fees paid from that building. The refund shall be determined by reviewing the projects and calculating the water main extension cost for each project if they were done in geographic order up to a maximum of fifty percent (50%) of the original contract. The refund amout will be the cost calculated for the new project. The refund will be split equally among the customers of record for services that are covered by this contract. If additional projects shall look for a connection to the same main within the five-year period, the previous projects and this one looking for service shall be subject to the same refund procedure. The Developer shall not be entitled to any other refund or repayment.. 5. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that this contract or any interest therein, or of any money due or to become due by reason of the terms hereof shall be assignable with the written consent of the SCWA, which consent shall not be unreasonably denied. 6. IT IS SPECIFICALLY AGREED that the performance under this agreement by the SCWA shall not be required or commenced until and unless permanent easement or easements, in writing, in proper form for recording, and acceptable to Counsel for the SCWA, granting the right to construct and maintain water mains in a private street or streets affected by this undertaking, shall have been executed by the proper fee owner thereof, and mortgagees or other lienors, if any, and delivered to the SCWA. 7. IT IS FURTHER SPECIFICALLY AGREED that performance under this agreement by the SCWA shall not be required or continued when circumstances beyond its control prevent, prohibit, or interfere with such performance. Such circumstances include, but shall not be limited to delays in delivery of materials, weather conditions, strikes or other labor difficulties, causes commonly referred to as "Acts of God", acts or omissions attributable to the Developer and other conditions not reasonably foreseeable. B. If within two years of the in service date, the SCWA is required to relocate, lower or otherwise move any of the pipelines and appurtenances installed pursuant to this agreement by reason of change in grade or location of the street in which said pipelines have been installed, then and in that event the Developer shall pay to the SCWA the cost of such relocation, lowering or other change upon certification of the cost thereof to the Developer. However, the aforesaid provisions of this Paragraph 8 shall be of no force and effect, if prior to any such change in grade or location of said street, all of the following circumstances obtain: 1) the release of the performance bond, if any, filed by the Developer with the town or other municipality having jurisdiction to require same; and 2) discharge of all obligations from the Developer to said town or other municipality under said bond or otherwise; and 3) the dedication to and due acceptance by said town or other municipality of such street into and as part of its public highway system; and 4) that such change in grade or location occurred through no cause attributable to Developer. 9. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that if the SCWA is required to relocate any of its facilities, including but not limited to service lines, due to the improper location of other utility facilities within 10 feet, then the Developer shall pay to the SCWA the cost of this relocation. Water service will not be provided until these costs are paid. 10. IT IS FURTHER UNDERSTOOD AND AGREED that the above estimated cost of construction as set forth in Paragraph 2 of this Agreement is based upon the prices in ' e • • effect pursuant to public bid between SCWA and its various contractors for the calendar year 2002. In the event that (1) the project site is not made ready for main installation as specified by SCWA or (2) in the judgment of SCWA the water main construction cannot be completed by December 1st, or (3) the Developer does not complete payment during the specified year, the SCWA shall have the right to revise the above estimate in accordance with their prevailing contract prices for the year in which the construction is to take place, or upon written request of the Developer the contract deposit shat! be refunded less design and construction drawing expense of SCWA and the contract cancelled. IN WITNESS WHEREOF, the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seals to be hereto affixed) this day of Wt A,2-c 20~ MAN21 HOMES, INC. 8y ........../l. ~~•......:...•.•.............L.S. .~D IfW C5t110a.~..U1.c~....PfeS.:.... (Please print name 8 title of person signing ggreement) SUFFOL :000N ATER AUTHORITY ....................................L.S. ~7 ter ~h e i~'1 S a N C S, ~ E-D (See neM page for acknowledgments) • STATE OF NEW YORK } }SS.. COUNTY OF SUFFOLK } On the ~ day of lhc~ , in the year 2003, before me, the undersigned, a Notary Public in rxl for said state, personally appeared 5r3M U" ~~O personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the same inhis/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STEVEN E. LOSGfUADRO Notary Public, State of New York } Reg. No.20L05076843 STATE OF NEW YORK puatitied in Suitotk County }SS.: Commissfon Expires Aprlt 28, COUNTY OF SUFFOLK } On the day of In the year 2003, before me, the undersigned, a Notary P blic in and fttr said state, personally appeared mn 9r~oA personally known to me or proved to me on the basis satisfactory evid ce to be the individual whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the same in hishTer capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public DONNA MARIE MANCUSO NOTARY PUBLIC State of New YoEh No. 01 A~AA986471 Qua4itied in SutfolA County i Commission Expires November 12..][5 • • New York State Department of Environmental Conservation ®~'"l-"~ Division of Water Bureau of Water Permits, 4°s Floor 625 Broadway, Albany, New York 12233-3505 Phone: (518) 402-8111 FAX: (518) 402-9029 Denise M. Sheehan Website: www.deastate.ny.us acting Commissior~r Oregon Landing 1 PO Box 702 Rocky Point Nl' 11778 r Re: ACKNO\VLEDUDIENT of NOTICE of INTENT for ~ Coverage Under SPDES General Permit for Storm li ,,1 _ ~7 ~ ~I \\'ater llischa:-gcs from CONS'CRUCTION I~ ACTTV'ITY General Permit No. GP-02-O1 9 l t Dear Prospective Penmittee: ~ . This is to acknowledge that the New York State Department of Environmental Conservation (Department) has received a complete Notice of Intent (NOI) for coverage under General Pernlit No. GP-02-O1 for the construction activities located at: Oregon Landing 1 Oregon Road Southold N1' 11)71 Pursuant to Environmental Conservation Law (ECL) Article 17, Titles 7 and 8, ECL Article 70, discharges in accordance with GP-02-01 from the above construction site will be authorized j business days from 5/19/2005 which is the date we received your final NOI, unless notified differently by the Department. The permit identification number for this site is NYR 101922 Be sure to include this pcnmit identification number on any forms or correspondence you send us. ~~'hen co~~era~~c unc9er the permit is no longer needed-you must submit a Notice of Termination to the Department. This authorization is conditioned upon the following: 1. The information submitted in the NOI received by the Department on 8/19/2005 i~ accurate and complete. 2. A'ou have developed a Stoni~ ~l'ater Pollution Prevention Plan (S~VPPP) that complies ith GP-02-O1 which must be implemented as the Iirst elemenC of construction at the above-noted construction site. 3. Actin°ities related to the above construction site comply with all other requirements o€ GP-0?-U 1. • ~ 4. Payment of the annual $50 regulatory fee, which is billed separately by the Deparment in the mid- summer. The regulatory fee covers a period of one calendar year. In addition, as of April 1, 2004, construction stormwater permittees will also be assessed an initial authorization fce of S~0 per acre of land disturbed and $300 per acre of future impervious area. The initial authorization fee covers the duration of the authorized disturbance. 5. You have obtained all necessary Uniform Procedures Act (UPA) permits. You should check with your Regional Permit Administrator for further information. (IQote: Construction activities cannot commence until all UPA permits have been issued.) Please be advised that the Department may request a copy of your SWPPP for review. Should you have any questions regarding any aspect of the requirements specified in GP-02-01, please contact Dave Gasper at (5180 402-8114 or the undersigned at (51S) 402-8109. Sincerely,~'~." ~.CSx~-' ti^-'17,7 Toni Cioffi Environmental Program Specialist 1 tc cc: R~1'E - 1 • THIS DECLARATION made by Richard Manzi as Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000, this _ day of , 2005, residing at 5 Shelly Lane, Mount Sinai, New York 11766, as to a 75% undivided interest, and Villa Amorosa, LLC, with offices located at 144 Lawrence Park Terrace, Bronxville, New York 10708, as to a undivided 25% interest, herein after referred to as DECLARANTS, as owners of premises described in Schedule "A" annexed hereto (hereinafter referred to as PREMISES) desire to restrict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct, approval of plans or approval of a Major Cluster Subdivision or development on the PREMISES. 2. As a condition of approval by the TOWN of the subdivision or development application, the DECLARANTS covenant as follows: a. that there shall be 50' buffer "set back from the top of Bluff' said buffer to be undisturbed with the expectation of the removal of dead or noxious vegetation, and within the 50' buffer dead trees and cherry trees smaller than 5" can be removed by hand, re-vegetate understory with low bush blueberry, ink berry and bayberry. Existing trees may be manually pruned and trimmed as necessary. Grading within 50' buffer is prohibited; and b. that no clearing of said 50' buffer, with the expectation of the removal of dead or noxious vegetation, shall take place without the approval of the TOWN Planning Board; and c. that their successors and/or assigns, must submit an erosion control and re- vegetation plan to the TOWN Planning Department when seeking the aforementioned approval; and d. that newly planted areas as noted on the plat shall survive for a period of two (2) years following the release of bond; and e. that no storm water resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner; and f. that no new residential structure or sanitary facility shall be constructed or otherwise located within 100 ft. landward of the top of bluff, and g. that the future subdivision of parcel 5 is prohibited following the sale of development rights; and h. that on areas of the bluff that have exposed soil, beach grass (Ammophilia Breviligulata) shall be planted prior to the release of the performance guarantee and that said beach grass shall survive for a period of five (5) years; and i. that prior to the final approval of this major cluster subdivision DECLARANTS shall provide a signed written statement addressed to the Planning Board that states "the creation of this subdivision in no way commits either the Town of Southold or the County of Suffolk to any program to protect this property from bluff and shoreline erosion through the construction of engineering or other works; and j. that prior to any construction activity, DECLARANTS shall secure a General Permit for Storm-water Runoff from Construction Activity (GP-02-O1) administered by the New York State Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program; and k. no stairways, stairs or other structures shall be installed which allow access to the beach from parcels 2, 3 & 4; and 1. no structures shall be proposed or permitted within 100 feet from the top of the bluff line without a grading plan approved by the Office of the Town Engineer and the Planning Board and all appropriate permits; and This subdivision is subject to the Article XXII, Farmland Bill of Rights (Added 5- 27-1997 by L.L. No. I 1-1997) Section 100-220. Right to Farm of the Town of Southold Town Code. 3. The DECLARANTS their successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above-described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANTS, their successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be in addition to and not in derogation of limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding on the DECLARANTS, their successors and assigns, and upon all persons or entities claiming under them. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Richard Manzi, as Trustee Villa Amorosa, LLC By: Kevin B. Faga • CROSS EASEMENT THIS AGREEMENT made this day of , 2005, by Richard Manzi as trustee of the Joseph G. Manzi Irrevocable Trust dated March 28, 2000 as to an undivided 75% interest and Villa Amorosa, LLC residing at 5 Shelly Lane, Mount Sinai, New York 11766 and 144 Lawrence Park Terrace, Bronxville, New York 10708, hereinafter referred to as OWNERS: WITNESSETH: That for and in consideration of ONE and 00/100 ($1.00) DOLLAR, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: The OWNERS named herein, Owners of a parcel more particularly described in Schedule "A" and specifically known as SCTM # 1000-083.00-02.00- 009.001, desiring to effect a Major Cluster Subdivision, hereby grant to each parcel, their successors and assigns, guests and invitees, a perpetual easement and right-of-way for the ingress and egress, for gas, electric, cable TV, telephone, water mains and lines, and any and all utilities under and through the right-of- way, as described in Schedule "B" the subject premises for parcels 1, 2, 3 and 4, of a Major Cluster Subdivision map of Oregon Road, located in Cutchogue, New York, said parcels lying and being in the Town of Southold, County of Suffolk and State of New York, said easement and right-of-way is more particularly described in Schedule "B" attached hereto and made a part hereof. Further, a ten foot (10') wide easement shall extend through the subject parcel to the Long Island Sound, said easement is more particularly described in Schedule "C" attached hereto and made a part hereof. Moreover, the installation of stairs, stairways or any other structure proposed to access the beach from parcels 2, 3 and 4 shall be prohibited, as access to the beach shall be limited to a single structure contained within the aforementioned 10 ft. wide easement on parcel 1, which shall serve the residents of the entire subdivision. • • S tJ~~ r~~ Submission Without a Cover Letter Sender~~,1 Subject: ~ ~ 1 ~ i SCTM#: 1000 _ z _ 9 , ' Date: Srl~l ~ O Comments: MAY 2. 2065 MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of S~(/)yO P.O. Box 1179 JERILYN B. WOODHOUSE hQ l~ Southold, NY 11971 Chair OFFICE LOCATION: WILLL9M J. CREMERS ri+ ae Town Hall Annex KENNETH L. EDWARDS G ~ ~p 54375 State Route 25 MARTIN H. SIDOR 'M ..~1 (cor. Main Rd. & Youngs Ave.) GEORGE D. SOLOMON C~V01 , Southold, NY Telephone: 631 76b-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 12, 2005 Via Facsimile Mr. John Guido c/o Manzi Homes P.O. Box 702 Rocky Point, NY 11778 Re: Proposed Standard Subdivision of Oregon Landing I Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue SCTM# 1000-83-2-9.1 Zoning: A-C Dear Mr. Guido: The Southold Town Planning Board, is requesting a worksession meeting with you and Mr. Kevin O'mara to discuss the merging of the right-of-ways in detail. Please call to confirm your attendance. Additionally, the Conditional Final Approval resolution, dated May 10, 2005, will be amended at the next Planning Board meeting dated June 16, 2005 to include the following additional conditions / 1. Please amend the plat language on Parcel 5 which states "Includes .32 acres of ~~Z,~ ~ ~ subdivision open space" to read "Includes 2.34 acres of subdivision open space." Note, that the Land Preservation department will not pay for this acreage. 2. Condition 4 will be replaced with "The Planning Board is questioning the survivability of the proposed Red Oak trees along the right-of-way and is requesting an alternative species more suitable to the environmental conditions "such as low growing shrubs" Please verify that the 16' road is constructed with stone blend materials. You may contact this office if you have any questions regarding the above. Sincerely, Mark Terry Senior Environmental Planner cc: Melissa Spiro, Land Preservation Coordinator Jeff Butler, P.E. MAILING ADDRESS: PLANNING BOARD MEMBE~ ~pF SOUjy • P.O. Box 1179 JERILYN B. WOODHOUSE Old Southold, NY 11971 Chair ~ y i-~t OFFICE LOCATION: WILLIAM J. CREMERS ~ Q Town Hail Annex KENNETH L. EDWARDS ~ ~O 54375 State Route 25 GEORGE D SOLOMON ~~1~~'~~~ (wr. MaSou ho1dYNY gs Ave.) Telephone: 631 765-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10, 2005 Mr. Joseph Manzi c/o Manzi Homes P.O. Box 702 Rocky Point, NY 11778 Re: Proposed Standard Subdivision of Oregon Landing I Located n/o Oregon Rd., between Cox's La. & Bridge La., in Cutchogue SCTM#1000-83-2-9.1 Zoning: A-C Dear Mr. Manzi: The Southold Town Planning Board, at a meeting held on Monday, May 9, 2005, adopted the following resolutions: The public hearing was closed. WHEREAS, the proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2- 9.1)into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale to the Town of Southold; and WHEREAS, the Planning Board will not issue any final approval for the proposed action until an executed contract for the Sale of Development Rights is submitted to this office; and WHEREAS, the Cutchogue Fire District, in a letter dated March 15, 2005, is requiring two fire wells: one located on the corner of Oregon Road and property right-of-way, and one on the comer of the north end of the right-of-way and the E/W right-of-way; and WHEREAS, the Planning Board has reviewed the mitigation measures proposed to control erosion and protect the integrity of the bluff system that include: Oregon Landing I -Page Two - 5/10/05 1. The planting of the non-vegetated areas on the bluff with the native species American beach grass; and 2. The requirement to construct one common staircase to the beach area; and 3. The creation of a 50' non-grading buffer from top-of-bluff line; and 4. The creation of a 100' non-structural buffer from the top-of-bluff line; and 5. The re-location of native street trees to mitigate the view shed from Oregon Road; and WHEREAS, the Planning Board is in receipt of the response from the County of Suffolk Department of Planning, dated April 6, 2005; and WHEREAS, Conditions 1, 2, 3, 4, 5, 6, 7 and 9 are hereby adopted and must be included within the Covenant and Restrictions and Cross Easement; and WHEREAS, Condition 8 has been reviewed and, based upon the recommendation of the Town Engineering Inspector and in consideration with the Town goals to preserve farmland and open space, the condition is overridden; be it therefore RESOLVED, that the Planning Board, in consideration of the above mitigation measure, hereby establishes the clearing limit for each lot as follows: 1. Parcel 1 - 37% or 30,181 sq. ft. cleared of total lot area equal to 136,244 sq. ft.; and 2. Parcel 2 - 35% or 28,489 sq. ft. cleared of total lot area equal to 81,016 sq. ft.; and 3. Parcel 3 - 36% or 27,336 sq. ft. cleared of total lot area equal to 75,738 sq. ft.; and 4. Parcel 4 - 35% or 24,607 sq. ft. cleared of total lot area equal to 70,383 sq.; and RESOLVED, that the Southold Town Planning Board adopt the report from the Town Engineering Inspector, dated April 28, 2005, with the following notations: 1. Item 4. Due to the land use of this and surrounding parcels, the required installation of 101 street trees is hereby waived. The street trees will be re- located to supplement the vegetative buffers along the southern property lines of Lots 1 through 4. 2. Item 5. The requirement of street lights is inconsistent with the character and land use of the area and is hereby waived; and be it further RESOLVED, that the Southold Planning Board adopt the bond estimate, dated April 27, 2005, as determined by the Office of the Town Engineer for improvements in the amount of $164,245.00 and administrative fee in the amount of $9,854.70 and, be it further J • • Oregon Landing I -Page Three - 5/10/05 RESOLVED, that the Southold Town Planning Board grant conditional final approval on the plat, dated as revised March 22, 2005, subject to the following conditions. The conditions must be met within six (6) months of the resolution: The following items remain outstanding and must be submitted in order to proceed to final approval: 1. The submission of a Letter of Water Availability from the Suffolk County ~,~1'S Water Authority. 2. The submission of a performance guarantee for improvements in the amount of $164,245.00 and administrative fee in the amount of $9,854.70 to this ?i~~'S office. 3. Provide the Planning Board with a General Permit for Storm-water Runoff from Construction Activity (GP-02-01) or include the following language in the Covenant and Restriction "Prior to any construction activity, the project will require a General Permit for Storm-water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Protection (DEC) under the Phase 11 State Pollutant Discharge Elimination System (SPDES) Program." Please contact the DEC at 518-402- 8265 for permitting information. / 4. The Planning Board is questioning the survivability of the proposed Red Oak v trees along the right-of-way and is requesting an alternative species more suitable to the environmental conditions. 5. Show the electric fire wells on the map as specified. S''' / 6. In the NOTE section on the plat, omit Note Number 2; it is redundant with the /5\2~ Covenant and Restriction language. VVV 7. In the NOTE section on the plat, omit the language "but clearing of natural vegetation between the 50' setback and the 100' setback from bluff will be / ~L allowed". Clearing is restricted to the limits of clearing as depicted on the site plans for each lot. 8. Please amend the mapped Covenant and Restrictions language as follows: a. Check for misspellings ~ / . b. Clause k: Replace the word "lot" with "parcel". V c. Clause g: Add, "following the sale of development rights". 9. Please amend the Cross Easement language as follows: a. Third paragraph, line 15 replace: "that be " prior to prohibited...with "shall be". • Oregon Landing I -Page Four - 5/10/05 b. Replace all reference to "lots' with "parcel": ~ c. The distances as specified in Schedule C Metes and Bounds Description for the Cross Easement are not consistent with the plat, amend. d. Although the maintenance costs are pro-rated between the four parcels, no entity has been identified who is responsible for collection` or managing any maintenance activities. Please designate the responsible entity. 10. Please provide the amended Covenant and Restriction and Cross Easements as separate documents. The map language and document ~ language must coincide. 11. All lot lines must be shown as solid lines on the map. ~ 12. As discussed, the tree clearing and stair construction will require a Tidal Wetland Permit from the New York State Department of Environmental Conservation and permit from the Town of Southold Town Trustees. Note that it is your responsibility to secure all necessary jurisdictional permits. The Town of Southold Trustees is requiring a permit for any activity (tree clearing) seaward of the Coastal Erosion Hazard Line. The New York State Department of Environmental Protection also may require a permit for the supplemental planting of the bluff and proposed clearing. Obtain all necessary permits prior to commencing outlined activities. Please submit 5 mylar and 8 paper plats with the Suffolk County Department of Health approval stamp. You may contact this office if you have any questions regarding the above. Very truly yours, Jenlyn B.. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator 5~,~~ • o~gUFFOI,~~D ~ /%~g JOSHUA Y. HORTON ~y~ JAMES A. RICHTER, R:pi.~j SUPERVISOR ~ ENGINEER TOWN HALT, - 53095 MAIN ROAD ~ ~ TOWN OF SOUTHOLD, NLW YORK 1197E y • ~ F~a~. (516) -76s - I3r;e .tfr~~ ~~p! Tel is lbt - 7es - i seo OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Jerilyn B. Woodhouse April 28, 2005 Chairperson -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Oregon Landing I -Conservation Subdivision Oregon Road, Cutchogue _ SCTM 1000-83-09-2.1 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the Final Map site plan and the proposed Bond Estimate, dated 3/22/05,that have been submitted by the applicant for the above referenced project. I have also reviewed the Street and :Drainage Prq~Ile map Dated August, 2004.. The enclosed documents were prepared bythe office of Hawkins, Vllebb,JaegerAssociate; and P:C. and have been certified by Jeffery T. Butler, PE. Please consider the following: 1. Section A-108-15 of the Highway Specifications allows for a sixteen (16') foot wide road pavement section and a minimum right~of-way width of fifty (50') feet when the overall site is developed with a density of five acres or more for a minimum of five lots created. This site plan indicates alive-lot subdivision with atwenty-five (25') foot wide right-of-way. Since this road will actually service only four building lots and one open farm lot, this is considered satisfactory. (Please note that the Town Board is currently considering a code modification that would also allow the Planning Board to accept a 25 foot wide ROW with more than 41ots when conservation subdivision requirements are met.) 2. Section A-108-11 of the highway specifications requires a 100' x 100' turnaround area at the end of roads that service fiye or more lots. The road in this five-lot subdivision will actually serve only four building lots anrJ one (17 Acre) faun lot. Therefore, the circular Right-of-Way proposed and the "Tee" shaped section of road shown at the terminus will be considered satisfactory. 3. The pavement detail and road section shown on the map indicate conflicting construction specifications. The approved pavement specification indicated by drawing 15-3 of the highway spec. is 2.5" of Base Course Asphalt on 4" RCA or Blue Stone Blend over a compacted sub- grade. This item should be modified. 4. Street Trees have been indicated on the map. There is approximately 2,018 L.F. of road proposed for construction. Trees on each side of the road, using a 40' spacing, would require 101 Trees. This item quantity will be indicated in the revised bond estimate. Due to the nature of the subdivision design criteria for conservation subdivisions, it is recommended that the Planning Board should determine if the landscaping, as proposed, is satisfactory. Page 1 of 2 Jerilyn B. Woodhouse April 28, 2005 Re: Oregon Landing I -Conservation Subdivision SCTM 1000-83-09-2.1 Page 2 of 2 5. Will the Planning Board require Street Lights? I have included this item on the Bond Estimate. If the Planning Board does not require Street Lights the enclosed estimate should be revised accordingly. 6. Drainage calculations have been provided and the drainage design, as proposed, meets the minimum requirements of the Town Code. 7. Catch basin # 1 has been indicated with an elevation of 63.75. The existing centerline of Oregon ~r Road is noted as elevation 63.50. This catch basin should be lowered or the road & shoulder ~ ~~tr \'S profile between the basin and the Town road should be elevated with a vertical curve to prevent,~~~z`' runoff generated by the development from entering Oregon Road. have modified the Bond Estimate submitted by the developerand have enclosed a copyforyour use. In addition, please note that the proposed disturbance resulting from construction activities and grading of this site will be greater than one (1) acre in area. [This would include the new roadway and drainage areas as well as the proposed individual building envelopes.] This project will require coverage from NYS Department of Environmental Protection (DEC) underthe Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must obtain coverage under the General Permit for Storm-water Runoff from Construction Activity (GP-02-01) prior to the initiation of construction activities. If you have any questions regarding this review, please contact my office. Si rely, `~/'"~iuG mes A. Richter, R.A. ENC: (1) cc: Peter Harris, Superintendent of Highways ~ o~gtlFF01~-co • JOSHUA Y. HORTON ~ JAMES A. RICHTER, R.A. SUPERVISOR ~ z ENGINEER TOWN HALL - 53095 MAM ROAD ~y • TOWN OF SOUTHOLll, NP,W YORK 11971 Fax. (51 ~ - 765 - 9015 ~Q~ ~ Tcl. (516) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE OREGON LANDING 1 OREGON ROAD, CUTCHOGUE, TOWN OF SOUTHOLD SCTM#1000-83-09-2.1 DATE April 27, 2005 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 3.8 ACRE CLEARING & GRUBBING $ 4,000.00 $ 15,200.00 2. 2,050 C.Y. ROUGH GRADING /SOIL STABALIZATION UNCLASSIFIED EXCAVATION $ 3.00 6,150.00 DRAINAGE 3. 7 EACH CAST IRON INLET GRATE & FRAME 500.00 3,500.00 4. 6 V.F. 8' DIAMETER LEACHING POOL 250.00 1,500.00 5. 80 V.F. 10' DIAMETER LEACHING POOL 300.00 24,000.00 6. 3,600 S.Y. FINE GRADING 1.50 5,400.00 SURFACING 7. 397 C.Y. STONE BLEND or R C A 40.00 15,880.00 8. 498 TONS 2.5" ASPHALT BINDER COURSE 60.00 29,880.00 9. 3 EACH STREETLIGHTS (Deleted by Plamung Board) 2,000.00 0.00 10. 1,987 S.Y. TOPSOIL & SEED 5.00 9,935.00 11. 3 EACH STREET SIGNS 200.00 60000 12. 101 EACH STREET TREES 200.00 20,200.00 13. 2 EACH FIRE WELL 15,000.00 30,000.00 14. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2,000.00 BOND F,STIMA'I'E TOTAL. $ 164,245.00 6°lo ADMINSSTRATION FEE $ 9,854.70 _ _ AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as ~ V P~j.~e r~ ~J~ J~raitt ~ ~~L\o ~~~V.S.c,~ CSC e.A.o N ~lA~~.~~~A. \ by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that 1 have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on Hon~a.V !'~av q~ -'aooS have sent notices, by certified mail -return receipt, the receipts and green return Yeceipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on ~ e~N ~a~~ n4i . o~~ ~~~o You am (print) Sign ure Address L\-~lS-OS Date Notary Public KICK J. NA?OLITANO Nota~ic, State of New York No.01NA6089519 Q in Suffolk County ~ J ~ Zj Fr~tiY - r Commission F~cpires March 24, _ ~ ~ - PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 5/6/05 Re: Proposed Standard Subdivision Oregon Landina I SCTM#s: 1000-83-2-9.1 Date of Hearing: Monday. May 9, 2005, 6:00 p.m. 1 m r.. ~ . ° ? uq ` ~ ~ ¦ Complete items 1, 2, end 3. Also complete A C ' ~ ~ ~ ~ t` hem 4 M ReaMrted Delivery la dashed. ~ ~ AO~t ° Postage s 0.37 ~ ~I~T I~1'0 ~ Print your name end address on the reverse X _ _ ? Address.,:. so that we can return the card to you. ggg,,, RecNv&1 py f p,) ems) To• Det, w Den~rary ° cerened Faa ~ " ~ - ¦ Attach this card to the heck of the meliplece, . I (J AL. ~~~1 ± \.-~I. p Return Reclept Fee or on the front B-space perrnlta 1` n 1 A _7711 (Endorsement Raquiretl) 1,75 'J re ~ D. 19 rnxrary edtlf998 dlRarantfiom lMm t4 ?Y98 1. Artiste Addressed to: ° Restricted Delivery Fee ~ ~ M YFS, eMerdelNery eddrane belOW: 0 NO. ~ (Endorsement Required) rk: K1R8 \ \ \ \ ~ Total Postage 8 Fees $ q,t~ ~ 04~t51~ " ~ 1. \ e- b v \ P e-y p-C a ~ 1-l' C o sent ro O10 F d . Sfreef, Apt. No.; er PO Box No. ~ c ~ r o a~.._-----_---- ~ • 0. r6 o k ~ p~ ,7dCartlned Mail O Etryrses Melt ? Registered O Return Recelpt.for Merdtendlae City, Stare, 2/P+a c~.~ ~ 9 3 S" Cu.~ ~ ~ fJ . \\cl3s . a lmuted Me6 o c.o.D.. • ~ „ . 4. Restricted Del ~ Fee O Sent ro ~ - _ _ lvxY7 ) ~ Yes ° L 0. ~C a. y.~~ i`$ f. f . n~ 2. Aracla Numper _ r 34reeiAPtrve., ~J - 7004 0750 1104 0053 3873 ur PO Box No (IFanslerawn sarvlce sMx1) - _ cnl{ sure, ziP+ PSIFdmi 08 1; ~ ~ ~ ~ ~ - ~ Febhlary'2004 : ~ br>h~s~~ m Receipt to25ssce•M-tsar Ok- ~-G q• - _ • : , : - : r - H YES, enter deiNery address l>elrnv: ? No ° - Street, Apt. No.; ~ ,M ' .C' V~ \ city. Stare, LP.a J \ \ 0.~hZ.WS 0.n N ~ o ~ - • : r r r r . 9. 3ervlCe type - _ - _ ° sent 7o ~~-~~O~U'e-)~~•\\\35 /c~eratled Mdl OF.f¢rrep MeA ~ ~ 0.C Z c~ Q ~ n © C7.Reglstered O Return Recept for MercherMbe Street APL No., ? IfiHered Mall Q O,D.D. nr PO BOx NO. ~ :v /fin 33 - - -Y'---~-=------- a. ReaMCted Del City, Srefe, ZIP+4 ~7 ~ Fes) ? YBa 5 a- 2. Artlcle Number . - ~ ~ ehrlromesrvke 7004 0750 0224 2053 3866 i r ~ a"f ° t P3 Fohn 811 Feb ~ k I, ° -__~~~1~0.4.~.x.M.csC~~.~:e.. rte' cFistumFiecelpt touesoz.M-trws N Street, Apt. No.: - orPOBOxNO. S N 2. If YES, enter ----Wit"-r'--- Arncleaddre+eedw: ~m Bfate. zfa«a ~ Sen(To M1 Sveet, ApC No.~ - cirysraie,-zia+d---- e~~--- CU.'C~~•o~-~21 P~~1 ' ~\~oJJ g~Mell ORMUmRecelPt~'MardteRdhe ~ 3 ? Reglstared o enr ro ~ a. Reshlcted DNWer/f 1~ Fee) ? Yee - •A-_ N S4reef, Apf No.; , I or PO BOx NO.- J_-, ~,~~...r~,~-2.z,.Attlda Number 71124 2752 2~~4 254 272 ~o¢sesoz-M•+a+s crry. §rare, zrP+a - ; ~jdje'ryrr horh servbe 4¢~1 ' Return Receipt c Cur r u X135' ps Form 3811, February 2004 • - ° am o\ \ \ \ ~ )o OC S M1 ~Si~re-et. AOt NCS~:C~~..~_.... -~0.~.17_2._ _S ~T C. P`.1P; erPoeoxNp. q ~ ~.o. ?stix i~~y Ci'N. Smie,Z%P+4~1-3..~.q..___.S?S ~,~IJ-1 =.._1~.--._. _ o, ~ ~ 3s ~ c~.~ ~~.o~ ~y - ~~q3s ;~~le' ~a~ o E,~t~M.~ S ORegletered ORetumRerxlpttorMerehandiae ° ant ro e O Ineuad Mss ? C.O.D. ° _ L_OC_~.4?.._~_~?:100.~_GL_S___ 4. Reetdctetl DelWer)R (Extra Feel ?y~--. - t` Srieei, Avt rvo., _ or PO Bpx NO. t~_X}..~~~1 ll 'L. AIi1Cl91'fWlltler _ _ - - crry,siate,z~P.a 1.1 ~ 7224 2752 2224 2253 3828 p Fonn 811, Febru Domestk Ralum Receipt tazsgs•ce-M-tt;ao ¦ Complete items 1, 2, and 3. Also complete A Signe[ure item 4'rf Restricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. B. Recgived by (Footed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, K or on the front if space permRs. [ D. Is tlell a~ifferapt from Rem 17 ? Yes 1. Article Addressed to: R Y deliv d~s below: ? No ~~oX~~3~ C~~ ~ ~ ~ ~ ~Certifled MeN ? Express Mail ? Regis[ered ? Retum Recalpt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Entry Fee) ? Yes 2. Article Number (transfer from service laeeq 7004 2750 0224 2254 0741 PS Form 3811, February 2004 Domestic eturn Recelp[ 102595-02-M-1500 1. ~;pdicle Addressed to: 0 YES. enter delNery address bebw: ? No i \ _ I ~ ~ b-M PlV'IJ IP-iO-yS i ~ ~ . ~~II~ ed Mdl ~ Express Mall ? Replatered ? Retum Receipt for Merphendlae ?irreured Msil OC.O.D. 4. ResMCtad DNIver7/! (EStba Fee) ? Vee Ar"Ge"°"'~r 7004 0750 0224 2053 3842 ;(npnafe!gomprWceJg4ep.. PS Form 1; February 2004 Dortreetlc Retum Receipt 102SB5-02-M-t54e _ Sr C JOSHUA Y. HORTON ~ JAMES A. RICHTER, R.A. SUPERVISOR ~ : ENGINEER TOWN HALL - 53095 MAIN ROAD G • ~ TOWN CIF SOUTHOLD, NEW YORK 11971 Fax. (s1e)-76s-9o1s ~~Ypj * ~.~0~' T~t(s1a>-7es-ls~o OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE OREGON LANDING I OREGON ROAD, CUTCHOGUE, TOWN OF SOUTHOLD SCTM#1000-83-09-2.1 DATE April 27, 2005 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 3.8 ACRE CLEARING & GRUBBING $ 4,000.00 $ 15,200.00 2. 2,050 C.Y. ROUGH GRADING /SOIL STABALIZATION UNCLASSIFIED EXCAVATION $ 3.00 6,150.00 DRAINAGE 3. 7 EACH CAST IRON INLET GRATE & FRAME 500.00 3,500.00 4. 6 V.F. 8' DIAMETER LEACHING POOL 250.00 1,500.00 5. 80 V.F. 10' DIAMETER LEACHING POOL 300.00 24,000.00 6. 3,600 S.Y. FINE GRADING 1.50 5,400.00 SURFACING 7. 397 C.Y. STONE BLEND or R C A 40.00 15,880.00 8. 498 TONS 2.5" ASPHALT BINDER COURSE 60.00 29,880.00 9. 3 EACH STREET LIGHTS (Deleted by Planning Board) 2,000.00 0.00 10. 1,987 S.Y. TOPSOIL & SEED 5.00 9,935.00 11. 3 EACH STREET SIGNS 200.00 600.00 12. 101 EACH STREET TREES 200.00 20,200.00 13. 2 EACH FIRE WELL 15,000.00 30,000.00 14. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 2,000.00 BOND ESTIMATE 'TOTAL $ 164,245.00 6% ADMINISTKATION FEE S 9,854.70 C L ~ F F ~ • CLIFFORD CHANCE US LLP `//~r~//~r 31 WEST 52ND STREET PG C H A N C E uEw voRK Nv 1oo1s s1a1 iEL +1 212 878 8000 I^,~ l FAX +1 217 878 8375 Iv 1 www.clitfortlchance.com Kevin O'Mara Partner DIRECT TEL +1 212 878 3285 DIRECT FAX +1 212 878 8375 kevin.o mara~cl iffo rtlcha nce.com May 2, 2005 ~-ll~S Southold Town Planning Board 1 51 ~~J`-'~ Southold Town Hall ~r1~~G kl ,r , P.O. Box 1179 ~ w~ Southold, NY 11971-0959 k ~ee Re: "Oregon Landing I" subdivision Ladies and Gentlemen: I am writing to follow up on my letter of April 13s'. I understand that the Planning Board has proposed to the Town Board that the street requirements in conservation subdivision section of the Town Code be amended to reduce the size of the street from 50' wide to 25' wide. While that is certainly an improvement, and I applaud the change, in the case of Oregon Landing and the proposed Manzi road directly adjacent to ours, this does not address the issue. The problem is the combined width of both roads, which will total 50', is wider than Oregon Road itself. While this change would reduce the combined total from 75' to 50', it is still far too wide. It is out of scale for Oregon Road itself, and will create an undue eyesore on the stretch of Oregon Road in question. For these reasons, I would like to reiterate my request that the Planning Board use its powers to encourage Manzi Homes to do the right thing by the Town and the other residents of Oregon Road. If not that, at least require that the new Manzi road be located on the other side of the property, so that the extremely wide "strip" effect of having the two roads side-by-side is avoided. We remain eager and available to talk with Manzi Homes about this. I sincerely hope that the Planning Board seizes the opportunity that we are presenting to preserve the scenic views in accordance with its charter. I will be attending the public hearing on this subdivision application on May 9`". If you have any questions, please do not hesitate to call me at the number set forth above. Sincerely, Kevin O'Mar ' MAY - 4 2005 qR cc: Oregon Road Preservation Association i lm Melissa Spiro, Land Preservation Coordinator ~ North Fork Environmental Council -w-- NYB 1499825.1 • • MAILING ADDRESS: PLANNING BOARD MEMBERS y~00F SOUTyO SouthOold,oNY 11971 JERILYN B. WOODHOUSE ~O lQ Chair # OFFICE LOCATION: WILLL9M J. CREMERS u~ ae Town Hall Annex KENNETH L. EDWARDS ~ ~O 54375 State Route 25 GEORGE D SOLOMON OI~C~UIY l ` N~ (cor. Mas R h aYlou~ngs Ave.) ~'1 ~ ~ Telephone: 631 765-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Kieran Corcoran, Assistant Town Attorney From: Mark Terry Senior Environmental Planner Date: May 2, 2005 - Re: Revised Draft Declaration of Covenants and Restrictions for Oregon Landing 1, SCTM # 1000-83-2-9.1 The Planning Department is in receipt of the revised Draft Declaration of Covenants and Restrictions for the above-referenced subdivision application. Please review and let me know of if there are any further revisions you believe are necessary. Thank you. Enc. CROSS EASEMENT THIS AGREEMENT made this day of , 2004, by Richard Manzi as trustee of the Joseph G. Manzi Irrevocable Trust dated March 28, 2000 as to a undivided 75% interest and Villa Amorosa, LLC residing at 5 Shelly Lane, Mount Sinai, New York 11766 and 144 Lawrence Park Terrace, Bronxville, New York 10708, hereinafter referred to as OWNERS: WITNESSETH: That for and in consideration of ONE and 00/100 ($1.00) DOLLAR, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: The OWNERS, named herein, Owners of a parcel more particularly described in Schedule "A" and specifically known as SCTM # 1000-083.00-02.00- 009.001, desiring to effect a Major Cluster Subdivision, hereby grant to each parcel, their successors and assigns, guests and invitees, a perpetual easement and right of way for the ingress and egress, for gas, electric, cable TV, telephone, water mains and lines, and any and all utilities under and through the right-of- way, as described in Schedule "B" the subject premises for lots 1, 2, 3 and 4, of a Major Cluster Subdivision map of Oregon Road, located in Cutchogue, New York, said lots lying and being in the Town of Southold, County of Suffolk and State of New York, said easement and right-of-way is more particularly described in Schedule "B" attached hereto and make a part hereof. Further, a ten foot (10') wide easement shall extend through the subject parcel to the Long Island Sound, said easement is more particularly described in Schedule "C" attached hereto and make a part hereof. Moreover, the installation of stairs, to rways or any other s structure proposed to access the beach fro lots , 3 and tha be prohibited, as access to the beach shall be limited to a single structure contained within the aforementioned 10 ft. wide easement on Lot 1, which shall serve the residents of the entire subdivision. That OWNERS, their successors and assigns, guests and invitees, take the premises subject to the above described easements and rights-of-way and rights of others along said rights-of-way. That this grant and easement shall, at all times, be deemed to be a continuing covenants running with the land and shall be binding upon the heirs, successors and/or assigns of the parties herein. z~~~ tt shall be the obligatio of the then OWNERS of the subject parcel, their heirs, successors and/ or as igns, to repair and/or maintain the said easement area. Each property ownenshall be required to pay a 25% share of said maintenance and repair cost. In addition, the lot owners, their heirs, successors and/or assigns shall be equally responsible for the clearing of snow and maintenance of the easement and right-of-way, including but not limited to the maintenance of grass, trees, and bushes, if any. Upon its full execution by the parties herein named, this document shall be recorded in the Suffolk County Clerk's Office, and upon said recording, this Cross Easement shall be fully enforceable by the Town of Southold. IN WITNESS WHEREOF, the parties hereto have caused their hands to be hereinto fixed, and those presents to be signed as of the day and year first above written. Richard Manzi, As Trustee Kevin Faga, Member SCHEDULE A Metes and Bounds Description Of the Major Cluster Subdivision Map of Oregon Landing Situate in the Town of Southold, County Of Suffolk, New York Suffolk County tax map tt 1000-83-2- 9.1 Beginning ai a point on the Northwesterly side of Oregon Road at tkze Southeasterly corner of the land division Map of Oregon Landing; running thence Southwesterly from said point of beginning along the Northwesterly side of Oregon Road S 6l° 26' 00" W 466.30'to land now or formerly of SwiatocYza; running tkzence Northwesterly and Southwesterly along said land now or formerly of Swiatocha N 48° 53' 00" W 484.00' and S 61 ° 26' 00° W 180.00' to land now or formerly of the County of Suffolk and Steele; running thence Northwesterly along said land of Swiatocha and Steele as well as along lands now or fozcnerly f 4,,~r' of Bolinger N 48° 53' 00'° W 1,51.6.00' to the Long Island Sound; zunning LLk thence Easterly along the Long Island Sound N 71° 26' 42" E 742' to land now or formerly of Blados and Shalvey; xunning thence Southeasterly along said land of Blados and Shalvey S 47° 49' 00" E 1,850.00' to the Noztkzwesterly side of Oregon Road and the point or place of beginning, containing within said bounds 25.79 acres. SCHEDULE B Metes and Bounds Aesoription Of the 25 foot wide right of way Over the Major Cluster Subdivision Map of Oregon Landing Situate in the 'Gown of Southold, County Of Suffolk, New York Suffolk County tax zxzap # 1000-83-2-F/O 9.1 Beginning at a point on the Northwesterly side of Oregon Road at the Southeasterly corner of the Major Cluster Subdivision Map of Oregon Landing; running thence Southwesterly from said point of beginning along the Northwesterly side of Oregon Road 5 61° 26' 00" W 26.48' to Parcel 5 on the Major Cluster Subdivision Map of Oregon Landing; running thence Northwesterly and Westerly through said lot. 5 the following three (3) courses and distances: 1) N 47° 49' OOA W 1,289.11' ' 2) Ai.ong a curve to the left having a radius of 50.00' and a length of 53.00' 3) S 71° 26' 42" W 482.77 to the cul de sac of this right of wasr; running thence in a clockwise fashion around the cul de sac of this 25 foot right of way along a curve to the left having a radius of 20.00' and a length of 32.85' and slang a curve to the right having a radius of 50.00' / and a length of 239.19' to Parcel 1 on the Major Cluster Subdivision Map ' of Oregon handing; running thence Easterly along said Parcel 1 and along parcels 2, 3 and 4 on the Major Cluster Subdivision Map of Oregon Landing N 71° 26' 42" E 596.54' to land new or formerly of Blados and Shalvcy; running thence Southeasterly along said land of Blados and Shalvey S 47° 49' 00" E 1,341.79' to the Northwesterly side of Oregon Road and the point or place of beginning, containing within said bounds 1.27 acres. SCHEDCiLE C Metes and Sounds Description Of the 10' wide easement to Long Island Sound Over Parcels 5 and 1 on the Major Cluster Subdivision Map of Oregon Landing Situate in the Town of Southold, County Of Suffolk, New'York Suffolk County tax map # 1000-83-2-P/ 0 9.1 Beginning at a point on Parcel 5 of the Major Subdivision Map of Oregon Landing on the cul de sac of the 25' right of way serving same the following six (6) courses and distances from the Northwesterly side of Oregon Road: 1) S 61° 26' 00" W 26.48' as measured along the Northwesterly side of Oregon. Road from the Southeasterly corner of the Major Cluster Subdivision Map of Oregon Landing 2) N 47° 49' 00" W 1,289.11' 3) Along a curve to the left having a radius of 50.00' and a length of 53.00' 4) 3 71 ° 26' 42" W 482.77' to the cul de sac of this right of way; 5) running thence in a clockwise fashion around the cul de sac of this 25 foot right of way along a curve to the left: having a radius of 20.00' and a length of 32.85' and ozag a curve to the right having a radius of 50.00' and a length of 07.02 to the point of beginning; Running thence Westerly through Farce 5 on the M Cluster Subdivision Map of Oregon Landang S 71° 26' 42" W 8.74 to land now or formerly of Solinger; runni thence Northweste along said land of Bolinger N 48° S3' 00" W 525.24 to the Long Island Sound; running thence Sasterly along the Long sand Sound N 71° 26' 42" E 11.59' to a point; pinning thence Southeasterly and Northeasterly through Parcel 1 on the Majcr Clvster Subdivision Map of Oregon Landing S 48° S3' 00" E 513.66' and N 71° 26' 42" E 123.00' to the cul de sac of the 25' right of way on the Major Cluster Subdivision Map of Oregon Landing; running thence generally Southwesterly along said cul de sac in a counter clockwise fashion along a curve to the left having a radius of 50.00' and length of 32.18' to the point or place of beginning, containing within said bounds 6,249 square feet. THIS DECLARATION made by Richard Manzi as Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000, this day of 2004, residing at 5 Shelly Lane, Mount Sinai, New York 11766, as to a 75% undivided interest, and Villa Amorosa, LLC, with offices located at 144 Lawrence Park terrace, Bronxville, New York 10708, as to a undivided 25% interest, herein after referred to as DECLARANTS, as owners of premises described in Schedule "A" annexed hereto (hereinafter referred to as PREMISES) desired to restrict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct, approval of plans or approval of a Major Cluster Subdivision or development on the PREMISES. 2. As a condition of approval by the TOWN of the subdivision or development application, the DECLARANTS covenant as follows: a. that there shall be 50' buffer "set back rf~g the top of Bluff' said buffer to be undisturbed with the expectation of the removal of dead or noxious vegetation, and within the 50' buffer dead trees and cherry trees smaller than 5" can be removed by hand, re-vegetate understory with low bush blueberry, ink berry and bayberry. Existing trees may be manually pruned and trimmed as necessary. Grading within 50' buffer is prohibited; and b. that no clearing of said 50` buffer, with the expectation of the removal of dead or noxious vegetation, shall take place without the approval of the TOWN Planning Board; and c. that their successors and/or assigns, must submit an erosion control and re- vegetationplan to the TOWN Planning Department when seeking the aforementioned approval; and d. that newly planted areas.as noted on the plat shall survive for a period of two (2) years following the release of b~on~ and e. that no storm water resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner; and f. that no new residential structure or sanitary facility shall be constructed or otherwise located within 100 ft. landward of the top of bluff, and g. that the future subdivision of parcel s is prohibited; and h. that on areas of the bluff that have exposeoil, beac~rass (Ammophilia Breviligulata) shall be planted prior to the release of theC~erformance guarantee d that said beach grass shall survive for a period of five (5) years; a i. that prior to the final approval of this major cluster subdivision DECLARANTS shall provide a signed written statement addressed to the Planning Board r that states "the creation of this subdivision in no way commits either the Town of Southold or the County of Suffolk to any program to protect this property from bluff and shoreline erosion through the construction of engineering or other works; and j. that prior to any construction activity, DECLARANTS shall secure a General Permit for Storm-water Runoff from Construction Activity (GP-02-O1) administered by the New York State Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program; and k. no stairways stairs or other stru~c~'tures shall be installed which allow access to the beach fro of 2, 3 & 4; and yG! w~ 1. no structu ,shall be proposed or permitted within 100 feet from the top of the bluff line without a grading plan approved by the Office of the Town Engineer and the Planning Board and all appropriate permits; and This subdivision is subject to the Article XXII, farmland Bill of Rights (Added 5- 27-1997 by L.L. No. 11-1997) Section 100-220. Right to Farm of the Town of Southold Town Code. 3. The DECLARANTS their suc ssors and/or assigns shall set forth these covenants, agreements and declarations in n nd all leases to occupants, tenants and/or lessees of the above-described property ands all, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANTS, their successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be in addition to and not in derogation of limitation upon any provisions of local, state, and federal laws, ordinances, andlor regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding on the DECLARANTS, their successors and assigns, and upon all persons or entities claiming under them. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Richard Manzi, as Trustee Villa Amorosa, LLC By: Kevin B. Faga _ - - _ _ 2, 5(T'E PLAN BASED ON \ `y,~ i ~t~~ _ ORIGINAL SUR~/EY BY: w ~ ~ G~•/° p~) \`S _ ~ , _ HAWKINS, V'~BB, JAE6ER ^ N i ~ ~lpE (b/12/ \R6?/% _ ASSOCIATES, P.G. F~ r ~ 02(~2,~ ~ W'`~ ~ l- ~ PORT JEFFERSON, NY ~i~ e,PP~ ~ WITHIN THE SO' SET$AGK OF THE BLUFF DATED: JUI~ 2002 ~j _ ~ _ \ ~Q ~ ELIMINATE ALL E]RUSH; VINES; DEAD I ~T~ I N ~ ~ ~I, ~ OF ~ - \ ~ TREE5. Ate U~RY TREES 5MALLER I ~ 0 f g0~, ! r ! THAN 5". RE-VEGETATE UNDERSTORY _ _ WITH LOW BUSH BLUEr3ERRY, INK BERRY m ~ - ~ NOTE. ALL EXP05ED SOIL AREAS / AND BAYBERRY. EXiSTIN6 TREES TO BE ~ ~ W ~ , - ~ ~ ~8~ ALd~i6 THE SLOPE OF THE BLUFF SHALL / \ PRUNED A5 REQUIRED. PRUNING AND BE PLANTED WITH GAPE AMERICAN TRIMMING SHALL BE DONE BY HAND IN X Z ~ ~~j \ THE BUFFER AREA. ~ Q~ Q O ~ ~ BEACH 6RA55 (AMMOPFIILA ~ L ~ BREVILI6ULATA) P1-12 INCH SHOOTS, 12" / 'Ta1"-' J Y ~ \ G'N CENTER. ,r ~ i ; ~ ~ O S ~~TOP~~~~~-r~ , , Vii`,', ~~(~~f-~"`,~~~ ~ EW ~ (~~~ii ~lr ~ i l~r Il~ ~L?' T~ ~79/i it ~ LOT ~3 ~ l : yC RSII ~ ~~t0 f-! 1. ~u, \ ~Tgp,GK . Fp 93 V \ ./'TOP OF ~~F \ pA0 gS\~NP i LOT MI \ ~ ~ \ ~ \ ~ I \ v ~ LL \ ~ \ LL LIMIT OF CLEARING \ \ ~ ~ \ ~ \ ~`t, " cv ~ \ _ O O ~ ~ PROPOSED RE-VE6ITATED- ~ c~'l 1 r ~ 9' a AREA NNDERSTORY TO BE ~ ~ r~ ~ V8~' ~ ~ ~ ~ ~ O ~ ~ ~ PARCEL 2 4 TOTAL AREA=81,016 S Ft.« LOW euSH BLt1EBERRY' INK S ~~9~: ~7~'/ i ~ , v ~ y ~ ~ W T O_ BUILDABLE LAND=56,942 5a Ft BERRY AND BAYBERRY) ~p9\ ~ ~ ~ I / Q ~ # CLEARED AREA=28,489 Sq. Ft = 21Q'~2 ~ LOT "5 ~ z ~ p { 355K CLEARED OF TOTAL AREA" ~ 1 - ~ 1 ~ % EASTERN RED CEDAR ~ 1" ~ ~ O * TOTAL AREA DOES NOT INCLUDE AREA ~ (JIRdIPERUS VIR6INIANA) ~ ~ W U ~ THE APPARENT HIGH WATER MARK. f ~ ~ ~ RED 0a ~ a PLCS. ~ Ul ~ I SEAWARD OF ATLANTIC WHITE P' ~ (QUERGUS RUBRA) CJ' ..J I ~ ~ ~ L T~ 1 f ~ / (~AMAEGYPARIS 4 ~-GS, I ~ ~ 1 THYOIDES) 4 PLGS. \ Q I J Z _i C]2AUHIC i>C~A~E - r ii ~ ` ) S1TE PLAN BASED ON SOS r 6 ORI INAL SUR~/EY BY: 6 t' .t,ER L11~ ~ W YJ' - ~ i H1~+ - _ - - / ~ \S - - - - HAWKINS, wEBe, JAEFiEtZ p., _ - WITHIN THE 50' SETBACK OF THE BLUFF A551GIATES, P.G. ^ _ ' _ ~9, / ELIMINATE ALL BRUSH, VINES, DEAD PORT JEFFERSON, NY fV ~ ~`Q2~'~2~ gpTfO?~! ~ ~ - - - ~\O,, / A~-VE6ErA TREES R AL~LER DATED: JIRJE X002 ~y ~ d~ _ NOTE: ALL EXP05ED SOIL AREAS ~ (C j WITH LOW BU5h+ BLUEBERFZr, INic BE~zY ALONG THE SLOPE OF THE BLUFF 5HALL AND BAYBERRY. EXISTING TREES TO BE ~ O ~ PRUNED AS REQUIRED. PRUNING AND ~ m)" X BE PLANTED WITH GAPE AMERICAN i~ \ TRIMMING SHALL BE DONE BY HAND IN \ BEACH 6RA55 (AMMOPHILA j THE BUFFER AREA ~"1 `fl ~ Q ~ yr~ BRfviL16ULATA) 8-I~ INCH SHOOTS, 12" h••! 11 S tQN CENTER. ~ - - ~ M O\\~ T~ ~~r^ E iT i~r ^ r ~ ~~s- - - - h~• ~ Q ~ r, , ~ ~Y V ~ n,~-n: :~i ~ i ~ , ii~ - \ 0 L`5~ LOT #2 C? ~y,,\~~" y \ O : f~ T ~pX E~ G~~ V ~ ~gp~K~ ~ A Q@1P' ~ `L~'GOP ~ ti~~y F~ ~ ~ V ~ \ ~ ~ ~ Z EXI5TIN5 SINGLE FAMILY y~ ~ L`'~ \ 11.. ~ RESIDENCE '9~ ~ V O # ~ ~ ~ ~ ~-t~ - \ ~ / v ~ PARCEL ~I v " F'>9°o, z ~ O ~=so~ 'v Q'' ~ O O TOTAL AREA=136,244 Sq. Ft." LIMIT of c,LEARiN6- ~ ,\,~,k1' L_g3, y w ~ ~ O BUILDABLE LAND=61,00 Sc~ Ft \ ~ ~ 5q'` 9 at3~~ ~ Y ~ F" J j # R.O.W.=55,205 5ci. Ft. S \ ~3 ~ cb. , ~ ~ Z YOB CLEARED AREA OF TOTAL AREA - R.O.W .=30,+81 Sq Ft = ~ 6 a ~Z`~ ~ ~ R=20.00' y, Q ~ 0 3"r5~ CLEARED O1r TOTAL AREA' 6' ~1~ ~ ( L=32.85 yb~~Zb~\~ tD v * TOTAL AREA DOES NOT INCLUDE AREA SEAWARD j ~ Q ~ ~ OF THE APPARENT HIGH WATER MARK. ~ , or ~ ~ `,aP` ~ T P ~N \ ~ ~ o~~o~" 4 _ ~ R=50.00' ~ L=236.19' ;~c~ s o so _ _ ~ - ~ c~APwc ~~~Le LASER FICHE FORM SUBDIVISION8 MAR 2 0 2007 Project Tvpe: Major Records Management Status: Final Approval SGTM # : 1000 - 83.-2-9.1 Project Name; Oregon Landing I Location: The oroiect is located n/o Oreoon Road. 625 feet w/o Bridge Lane in Cutchogue. Hamlet: Cutchooue ~ Applicant Name: Manzi Homes Owner Name:. Joseph Manzi . . Zone 1: A-C Approval Date: 6/13/2005 PLAT Sinned Dater ~%?9~O~ OPTIONAL ADDITIONAL II~FQI3MATION A date Indlptes that we Rave received the rblated information Zone 2: R-80 .Zone 3: CandR's: Homeowners Association R and M Agreement: Address: County Filing Date: 7/25/2005 SCAN Date: S,C,D,H,S. REP. WSlO-02-O00~ ,~i=F'OI.K ~ DEPAR~ OF tEAL'IH .5ERVICE"5 HALIF~AU¢~., H,¥. PATE This Is to cert;lFy [ha~ ~he proposed RealLy 5ubdlvlslon or Developmen~ for in ~i~h o ~o~ol of Io~s approved on ~he o~ve do~e. ~er ~pplies and ~o9 Disposal Faclllfle~ mu~ coMorm ~o construction ~ondard~ In effec~ o~ [he ~ime o~ consWuc~lon and ore subjec~ ~o seporabe permits pursum[ to [hose s[mdacds. approval shall b~ valid only if bhe really subdivision/ developmen~ mop is duly [lied ~i~h bhe Courtly Clerk ul~hln one year o~ ~his dale. Consenb is here~ given For ~he ¢ilin9 of [his mop on ~hich ~hi~ endorsemen~ oppeor~ in bhe Office o~ ~he County Clerk in accordmce ~i~h provisions o~ ~he ~bllc Heolbh Lo~ end bhe ~ffolk ~nl~ary Code. Vita Hinel, P.E. Director, Division oF EnvironmenLal Quali~u 00'O O R=~O.O0 L=2~q.l~' % ,% ,o,/%°% TTPICAL PLOT PLAN R-40 I ACRi~ hIATER F4AIN STP-.~IET T'r'PICAL PLOT PLAN R-~O/A-;2 2 ACRE ST~I~FT ~ITE AREA'.5 PARCEL ~1-4¢4 CORE AREA= 217,8~6 Sq Ft.. PARCEL :!tl-:~4 TOTAL AREA= ~65,581 Sq. Ft.· PARCEL ~S = '341,445 SCl.. Pt:. LAND SEA~,IARD aP BLUFP= IO8,74'3 Sq Pt: RI~HT-OF-INA'T' (PART OF PARCEL #4)= 5~,205 Sq Et; TOTAL SITE AREA= I,IO4,82'3 So; Ft.'" TOTAL AREA OF LOTS 4¢2, ~, ¢ 4¢4 DOES NOT INCLUDE AREA SEAi, NARD OF THE APPARENT HIgH HATER HARK:. '~ DEFINITION aP BUILDABLE LAND~ TIlE NET AREA OF A LOT OR PARCEL AFTER IDEOUCTIN® METLANDS, STREAMS, PONDS, SLOPES OVER I5%, UNDER~IATEP-. LAND, EASEl'dENTS OR OTHER RESTRICTIONS PREVENTIN® USE OF SUCH LANID PaR CONSTRUCTION aP BUILDINGS OR I:PEVELOPI,4ENT. NOTES: I) THE LOCATION OF THE COASTAL EROSION HAZARD LINE IS APPROXIMATE DUE TO TH~ INPORF'IATION AVAILABLE B'T' THE N'r'SOEC. 2) !AIITHIN THE 50' SETBACK: OF THE BLUFF ELIh41NATE ALL BRUSH, VINES, DEA[D TREES, AND CHERRY TREES SMALLER THAN RE-VE~ITATE UNDERSTOR'Y ~ITH LO~ BUSH BLUEBERRh", INK: BERRh' ANE) BAYBERR'r'. EXISTIN-~ TREES TO BE PRUNE[2 AS REQUIRED. NO STRUCTURES SHALL BE CONSTRUCTED INITHIN TIlE BUFFER FROI'4 THE TOP OF BLUFf=, BUT CLEARIN¢ OF: NATURAL VEGETATION BETI,,IEEN THE ~O' SETBACK: AND THE IOO' SETBACK: PROi'd BLUFF MILL BE ALLOINED. I t:ST HOLE .3/i8/2OO2 ELEV.= (aS ~O' BRONN SILTY 5AND (sH) PALE ~RO~N PINE TO COARSE SAND PROJECT NO. KEY MAP I" = 600' 02--0523 THIS SUBDIVISION SECTION 83 IN TAX MAP. SITE DATA: AREA: WILL APPEAR IN DISTRIC~T~ON BLOCK 2 OF THE SNF~% ~OUNTY ELECTRICITY: LlhP.A. WATER: S.C..M.A. FIRE DISTRICT: CUTCHO~UE PIRE DEPARTMENT POST OFFICE: CUTCHO-~UE, IIqD5 SCHOOL DISTRICT: HATTITUCK-CUTCHO¢UE UPSD ZONED: R-80/ OWN ER:JOSEPH 8' MANZI, JR. IRREVOCABLE TRUST; DATED MARCH 28,2OOO P.O. BOX ~t~02 ROCKY POINT, ~ ;IEREBY CERTIFY T'HAT THIS Pt_AT WAS MADE FROM .AN ACTUAL SURVEY COMPLETED 6/12/2002 ; THAT THE MONUMENTS HAVE BEEN SET AS SHOWN AND THAT THE LOT(S) ON THIS PLAT ARE ALL IN CONFORMANCE WITH REQUIREMENTS OF ZONING DISTRICT R--80/ A--C HAWKINS, WEED, JAEGER ASSOCIATES P.C. WILLIAM L. JAEGER II N.Y,S. LICENSE NO. I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DATE. REVISIONS ITEM DATE MINOR CLUSTER SUBDIVISION MAP OREGON LANDING SITUATE AT SOUTHOLD SUFFOLK COUNTY. NEW YORK SURVEYED BY HAWKINS, WEBB. JAEGER ASSOCIATES P.C. CONSULTING ENGINEER5 PORT JEFFERSON, LONG ISLAND, NEW YORK SCALE: I";lO0' AREA: DRAWN BY: 6. 4A222"~/KR~f~ r-~ DATE: NO. 1000-~,~-2.-=1.1 FILE NO. _OF' JUN - 7 2004 LAND 2OO2 ~TOI~ C, ERTIFIC, ATION ¢_ OF R~eH'r-O~A'r . ~ . '~O'~t ,, ~ -HA'r' ID,~LE~ ; ~TO;~IE P~VEt-'fENT \ , ~l / I ~ '~ ' ~ ~ ' ~ ' ~ -, ' ~ PA~T A A I RA T : , ...... . ..... , .... .._, .... NOT TO ~CALE ~ '~ ~%~ ~ ~ , MAR 24 2005 /~~~A~~~~° ~,e~' ~,~ ~. PIL~ GLO~ ~1~ ~ ~ ~ ~ ~1~ ~A ~ ~FP F~H A 2" ~INFALL, ~N~NTIO~ ~ANIT~ ~ ~¢~ r ¢~ ~ ~ ~~~~~~' ~ ' --~¢~ ~ 4-- ~' ~E ~1~ -- ALL ~E ~ PLOHINe ~ tM~MEN~ oONPO~ TO 5TA~, ~N~ a~ l~al ~¢~ , O,,~~~~¢d¢ ~¢~ ~ Ot~g TO~ ~5~TION ~ 5H~L ~ 5TA~A~ A~ ~GIFIGATIONS. ~'~ % %_ 1, N~I~ - 7~ E~E ~A~ ffi HAI~TAI~ tN A , ~L ~NCE OF Sl~ AGTIVITI~ ~1/~J ,~ ' ¢ - ~ ~I~NT ONTO '~lG B~aY. IL ~t~NT I. INST~LATI~ OF ~1~ E~ION ~N~L / -~ ' %~ , ST~ILI~ ~1~ ~ ~ ~ INTO AN ~ AN~ ~KPILL MA~RI~. ~ ~/~ ~ / ~E~ ~ ~I~ ~N ~e IN~TAL~TION ~ ~TORH ~i~ A~ NOT TO 5GALE~ " e, Pl~ ~1~ AN~ ~TATI~ et~lbl~flON (T~IL, lo, ~im i 0~¢ POLLUTION CONSOL ~ ~ I ~ A~ OF DI~ANGE = I. EXIDTI~ ~ATION TO ~MAIN ~ ~ ~O~ ~Y / ~ ~ 5AND l P~E ~ ~l~ TO OOA~ ~A~, +l~ A~A5 ~l BE ~PT 5TABILI~ ~H t~ ~ O~ I , NINIHIZ~ TO [E ~PF ~ITI~, ~NOPF ~[L BE 20J~ L F DI~R~D A~ ~H ~LE~ 5L0~5, ~TION I~ GO~E~. 5, A 5T~ILIZ~ ~TION EN~E 5HALL ~AINTAI~ TO P~NT ~IL ~g LO~ HI~ LOC~ ~LATI~5 A~ APP~5, g~IN~E I~ET5 HAT BALE DA~RIER5 ~ , ~ , ~ ~ . ~ / I~T~LE~ ON-51~ ~LI~ ~C~ ~. ~I~T BA~IE~ ~ 0~ E~I~ ~N~L ~ON ~~~ ~ ~A~ ~HAI~ I~ P~ UNTIL UPLA~ DIS~ , A~ ~ A~ ~1~ 5Y5~ : 255 GU.FT.) / ~ ~ TO I~E, ~T ~T L°B ~ 2 .- ~TA I+OO - 5ta 4+25 / ~ V A ~ ~ u~ ~ ~ ~ AN~ ~AI~ OF ~I~NT BA~IE~, J~T[L 2 - IO' DIA x 12' (6AP~I~, 16Ob ~.FT.) / / ~ ~ - ~ ~ ~ ~ ~ FlED ~,TIO~ ~ ~T,~ ~TIVITI~ TO o iSbAlqD (I=UllJRE 5TAIF~5) OP : 20,00 ~=50.OO L=2Dq.lq' %% ,~ I,,IATER E, ERVICE NO'rE5 FOP. LOT5 1.2..,-3~4, PI TAI POLY TO C./.Jt-'l.-l=l< pIPE NOT TO c~C. ALE DP. AINA~E COHpUTATION¢ (65)(1~X.1~) = 17~ GU.FT. 1(I,~2o-14/4o).ff2)(lq154-fq2o)lflSX JC'?) = 14~o OJ.F.T. E,P. ADE 2" ASPHALT i, qEARIN¢ SURFACE RCA BLEND UNDI~ SOIL SUBSRADE E #22~3 /..- FINAL MAP O IO0 200 900 , 20' MIN. · DHELLIN¢ 45' TOTAL ID' I-/5' HIN, MATER HAIN STREET T'f'PIGAL PLOT LA'lOUT KEY MAI= COVENANT5 AI~ EESTRIC, TIONS, A, THAT 114ERE 5HALL BE 50' BU=FER "SET BA~,K FROM THE TOP OF BIJCPP" 5AID BI. pER TO BE UNOI5113RDED HITH THE E.'"3='ECTATION OF THE REMOVAL DP DEAD OR NOXIOUS VE~,ETATION; AND INITHIN THE 50' BUFFER DEAD 'I~.EE-~ AND CHERRY Tt~EE~ 5HALTER THAN 5" CAN BE REMOVED BT' HANg, RE-VEgETATE UNgERSTORy HITH LOI-,I BUSh THAT Ng CLEARINe OF 5AID fCtJFFER, Illth THE EXPECTATION OF THE RB.4OVAL OF DEAD OR NOXlOg~ VBE~TATION, 5HALL TAKE PLACE HITHOUT THE At-I-'t<OVAL OF thE TOI4N PLA~NIN¢ ~ARO?'ANO C. thAT THEIR f::U(.,C. EEOR5 AND/OR A551~NE, b'~t SUBMIT AN EROSION CONTROL AND RE-VEgETATION CLAN TO THE TOI,,[N PLANNIN~ [;~-~ARTMIENT IlHEN SEEKINg, THE AFoREHENTIONED APPROVAL~ AND D. thAT NEI.flLY PLANTED AREA5 AG NOTED ON THE PLAT 5HALL .~URVIVE FOP- A PERIOD OF THO (2) YEAR.~ FOLLOIIlNE, THE RELEASE OF BOND; E. THAT NO 5TOPJ'4 MATER REEULTIN~ PROH THE DEVELOPHENT AND IHP~-OVEt4ENT OF THE 50E~IVIEION OR ANY OF IT5 LOT5 5HALL- BE F. thAT NO NE~ RESIDENTI,N. 5TRUCTUR.E OR SANITARY FACILll~ 5HALL thAT THE FUTURE SUBDIVISION OF LOT 5 15 PROHIBITED; AND H, THAT ON AREA5 OF THE BLUFF THAT HAVE EXPOSED 5OIL, BEACH ~'f~A55 (AI~4OPHILIA Bf~-'VlLI¢=~JLATA) 5HALL BE PLANTED PRIOR TO THE RELEASJ~ Of thE PERFOR~IANCE ¢;:~IARANTEE AND thAT 5A1D BEACH ~RA55 ~'4ALL. ,5~-.VIVE FOR A ~aERIOD OF FIVE ~) YEAI~.5; AND PROPERTYPROH BLUFF ,,N'4D SHORELINE EROEtON THROU~,H THE CONSTRUCTION OF EN~INEERIN~ OR OTHER HOP. KS; AND J, file t%~.lOR TO ANY cONST~JC. TION ACTIVITY, DECLARANT5 5HALL ~ A ~ PERMIT FOR 5tO~ ~R ~NOFF F~H ~ONS~Tl~ ~TlVl~ (~-02-01) ~HINIE~R~ BY ~5 NEH YORK 5TA~ ~A~NT ~ ENVI~)N~TAL PROMOTION (~) UNDE~ THE FHA~ II 5TA~ POLLUT~T DI~HA~ ELIMI~TION 5YEAH (EBEE) K. NO 5TAll~,lA¥5, STAIR50t~ OTHER 5TF~JJCTURE5 5HALL BE INSTALLED IIHICH ALLOII AGGr:55 TO THE ~AC, H PROI,4 LOT5 2,..~).4; AND L. NO STRUCTURE5 5HALL BE I::f:~OPC:~O OR PERHil I I=O IIlTHIN IOO FEET PROf4 THE TOP OF BLUFF LINE ,dlTHOUT A ~::~-ADIN~ PLAN APPROVE~ _B~l' THE OFF:ICE OF THE TOtdN EN~I'~ER AN~ THE PLAN~,t'JJN~, BOARBr AND ~E ~ROPRIA~ P~HJTS. '- ' i , II ' LEV.= ~5.O' 6OAR~E TEST HOLE DATA NOT.TO SC, ALE 1,,11LLI Al'4 $.C.T.M. NO. AREA= 253q ACRE5 / 25.~ ACRE-"~' (EXCLUDE5 AREA 5EA~ OF APPA~NT HIgH PI~ DIE.lOT: GUTGHO~E FI~ DEP~NT ZONE~, R-~O/AC THIS SUBDIVISION HILL APPEAR IN DISTRICT IOOO ON SECTION ,~J IN BLOCK 2 ON ~E ~F~LK O~N~ T~ HAP. PANEL ~1-~4 ~ A~= 211~ ~ FL PAROEL el-~4 TOTAL ~= ~1 ~ Fb~ DEFINITION OF t~UILDABLE LAND, THE NET AREA OF A LOT OR PARCEL AFTER DEB.E, TIN¢ IlEl%ANOS, l, THE LOCATION OF THE COASTAL, EROSION HAZARD LINE I~, APPI:;~O;'~IHATE DUE TO THE INFO~VlATION AVAILABLE BY THE NYSOEG. 5,G.D.H.5. I~T. O E®ON LANIPlN® SITUATE AT C,UTC~HoC-UE TOIlN OF ~OUTHOLD ~FFOLK COUN~ NE~. YORK .</~/n~ SURVE'r'EE;) BY HA!,~KINS, k'~BtD, JAEC~ER ASSOC,IATES P.C,. PORT JEFFERSON, LON~ ISLAND, NEP,.t "KOR* L. JAESER II N.Y.S. LtOENSE NO. O4~148 P.E., L.S. ~1~ ~ z~ DIS~IGT. COPP~ F~M ~T HAiN 20' DO~ FLA~ TO I I J I I ~ [ r 2, POLY PIPE, 200 ~1 ~D HITH NSF 5TAHP. I IJl I I I I PIPE C~PLIN~ DETAIL -- / cu~e ,N~r ~P~ o~ , AD~ENT OF FANE ~E ; ~ ~INAOE GALGULATION~= , ~ / X% ~ ~ ~ ~ y ~ . ~ , DEPm OF q 0 DEP~. V=AEG FI~ DIS~IGT, ~TCH~E Fl~ DEPONENT =~ ~~ ~~~~ ~'~m m , I roCHE ~IRED - 5200 ~'FTx 161'xl SECTION 55 IN BL~K 2 ON T~ ~FPOLK G~N~ T~ [ J ,~ '-- SECTION A USE ~-lO DiA. X14 EFF DEPTH = ~ J ~/~ ~ / VOLUHE PROVIDED = 2~g5,~4 6U,FT. TOT& A~A OF LOT5 ~2,~, I t4 ~E5 ~T INCLUDE , ,/~.~ % I ~E LOCATION OF ~,TAL E~ION ~ r ~ ~ ~ 16 A~XIHA~ OUE TO ~E INFO~ATION AVAIL~LE ~ ~NE 4. THE Ig,02 AC~ F UP--I-q--- ..... I Ill I t I IIIIII I I Ill I I I I Ill I I OPENINO I IJJ I I I AREA I ~ - AREA II - - AREA ~.2~ 0.7~ 0.7~ 0,7~ I ~ / co~o~ omwe~Y ~LOO~Nm SOUm~ST) : ~=1,, 0. 7~ 0. 7~I ~o ~ ~ ..... ;, ~ I I I s* [~ 14~0 15+00 I0+00 I~ I~+~ lq'O0 OONNON D~IVE~? (LOO~INO $OUTH~$T) 2 AREA III - - AREA IV' O. 7% O. 7%