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HomeMy WebLinkAbout1000-31.-1-1 1 p E C E 0 V E / CLUSTER APA 2 2 2003 1 } SEI" OFF PLAN Plannlg Towd PlanninE Board AT EA S T NSA-R10N i 'I cP T WN OF SOUTI�OLD SUFFOLK COUNTY N. ' Y. I, I Slim TH'ERN P VL 1000-81 -01 -01 DEC. 'J 5, 2000 I I JUL Y 6, 2001' I '^ AUG. 29, 200/ !ark sef ' Pt u SEPT. _1' 20' ( revision 1 to .MARCH RZ 2003 f Tell H°!n / s MARCH 31„ 2003 !W. , water sa,v,,. b _ M-Y4, m cd' IS sET ' SET ` ) 9 < I SET SE m 10 .o '"r.�.- i •� g II SET °• a _ I ia 'M / 50 I III I / �Ir1 N N N m iI o I' j C , nF\� r a N l HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE_ FROM cn ACTUAL SURVEYS COMPLE'EO e1lg,eo. THAT ALL MONUMENTSSHOWN THUS, KEY MAt- Y- SHOWN AND A<L DIMENSIONAL ACTUALLY XAND IST A GEODETIC DND THEIR ETAILS CORRECS ARE TCTLY I SCALE: 1"=600' m ? 1 set JOhrV T. ME�f�6ER, N.Y.S. L.S. L/C. NO. 496!8 OF NE{yl, M V W 19eT 0�N 1.MPiYO P'F A 1 e* r � mmm 1? N .gym 1 '' 'a0 c'Im UU LAP,U SO l N 1 _ ae SPINE — V \ II a II I I � 2 i I N� I I' A am N. 79'44'10" N' 144.42 I m �O LOT - _a y II r m a cgis S. ddl �p:: 1:08j0° ni IS oz L 11 ° O ��.. o w z. caPSE �" N W 7 -TIa N T' D T m O n A �I1 Z 1� ROAD PI� 5 A&/ no,of II p I �% % % '. m / 1 to r 1 �� Ao.W T ,am 5.. ' 101'1@''' 1.ne in 1 A aV SCALE, III* = 100' o I 1 � 1 T T -TYPICAL PLOT PLAN p APA - 5 2005 1 i -- W a 1 1110 I �_ OWNER £ \ APPRO ED BY S 8 CATHERINE GHASSEMI z PLANN G BOARD 23 LANGDON PLACE I SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES WA LYNBROOK, N.Y. 1/563 gs'1 1 FUPPAU•f� 1 Y. 2003 '�- 1 70W OF SOUTHOtD DAT WW''Ilii 1 � DATE f 0 TES,^HOLE \� z 1 ,�\\ �/��t..,. THIS��0 CERT�Y T SHE PROPo ffp REA Ty Br°nn i4 .I u t L UBUB VISION OR Ii wady 1°""OL ` 1" I WITH A T97AL 0' L TS AS GV THF. Q W APPROVED ON THE ABOVE GATE. WATERrSGPPG(ES AND SEWAGE DISPOSAL. FACIUTIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EfFECT C I ` AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE -' ercwn sett' I, PERMITS PURSUANT TO THOSE STANDARDS FNR9 TE lead sand °ad -- VALD ONLY/f THE REALTY SUBDI ISION/DEVELOPMENT MAP IS'" SCHOOL DISTRICTI 2 of°yay sand v DIAY fIC FIRE DISTRICT) 2$ wM 7rm'a' m v z CONSfNT_pp WITH THE COUNTY aCW *TrHIN.ONE Y£Ag pF-TMS DATE f 1 1 /'IE7TL-BY GIVEN FOR THE F7UNG OF 7T%1S,yfAP'ON WNK7/ In f°y°m ` T O ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY C ZONINGI R-80 og !� II \ ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEAL]H LADY A! 7-HE N Nm"v G x SWFOLK COL/NTY SANITARY CODE. -'1,Tn ,y 1 SM E m"� R z aiw[ V1T0 A. MINE! P.E. DIRECTOR 01VI51ON OF ENVIRONMENTAL QUALITY J Brown l/n1 ro '• m w`�s 1 i. SN 55' ul N o �•ii 1 ' 1�l "i SYST' .TTFY THAT TIf WATER�$f/ +1 PP,LY(S)AADAOR'SEWACE DISPOSAL ADec/a✓a"f/on !yf C0Ve0an-fs aOVL z 1 � BA. ON PROJE`CTWERE'D£ BYIIE'QR(p�0pg'-WDg�•]7DN. �� 2es frl c frons is {,1e d 1n- h e 5u{{a/� �`R CARFFUL AND THOROUGH STUDY OF f1i SM. APE AAD GROUND Caun C/er'K5 f 'IaR l '^ WATER C ALL LOTS ASP CQVFOR,N TO THE SUFFOLK CQl/MTY y Of Fc e_ _ _ ;q� .I f�` 4EPART IVT A7 SERVICES COOMMU TION STAADARDS'dV EFFECT I L16er 12382 e- PA 7X I K ' J FISCHETTI�P.E-FfODART ROAD, SOUTHOCD�N.Y. 11971 o mw - IIc CONTOUR LINES FROM TOPOGRAPHIC MAP OF pF E Y . FIVE EASTERN TOWNS Q iPk . / ♦ Y ♦ /.� � �OFESSIONY�� I � 4 �FESS10�v V, TOTAL AREA=32.8503 acres to tie MAY - 6 2005 ■ =MONUMENT �,� �*a� �' I ----- ' S �M N� Y, v _ __7 ' • -ars ser. ;R�J� S. L.IC, NO'. 49,618 I jANY ALTERATION OR ADDITION TO THIS SURVEY IS A VfflIATI➢1V... 1. YQR�„ PIC, �.- OF ;SEGTIQN '7209 OF THE NEW YORK STATE EDUCATION.Lhq t>' t. EXCEPT AS PER SECTION 7P09-SUBDIVISION B. ALL C RTIFIE(�FI,¢ s �, ��� FAX (631) 755-179.7 HEREON ARE VALID FOR TF{F$,p1AP AND COPIES THEREL�1 DNEY IF ' SCALE: 17*2,AQA MA - _ SAT�D` P �OR COPIES BEAR.THE- IMPRESSED SEAL OF 9 TME'.SURVEYOR �' • ` SE SIGNATURE APPEARS }HEREON fw WHD UTHQL D, N.Y. S 11 971T 207 ., I2 Q TRA l i .a .. M „ MAILING ADDRESS: PLANNING BOARD MEMBERS OF SQUTyO • O. Box 1179 South11971 JERILYN B.WOODHOUSE Chair OFFICE LOCATION: WILLIAM J. CREMERS CA Oc Town Hall Annex KENNETH L. EDWARDS �O 54375 State Route 25 ORCI O� (cor. Mainu Youngs Ave.) GEEDSOLOMON COu� Southold, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971-4616 Re: Proposed Cluster Standard Subdivision for Sy and Catherine Ghassemi Located on the north side of Main Road in East Marion SCTM#1000-31-1-1 Zoning District: R-80 Dear Ms. Moore: The following resolution was adopted at a meeting of the Southold Town Planning Board on May 9, 2005: WHEREAS, this proposed cluster standard subdivision proposes to subdivide a 1.087 acre improved parcel (Lot 1) with an existing residential dwelling, from a 32.8503 acre parcel (Lot 2); and WHEREAS, upon any future subdivision of the parcel, only 30.703 acres may be used to calculate the actual yield; and WHEREAS, Lot 1 is subject to a 25' right-of-way over Lot 1 to provide ingress and egress to Lot 2; and WHEREAS, on May 21, 2004, the New York State Department of Transportation issued a Highway Work Permit #10-03-0414; and WHEREAS, a Covenant and Restriction was filed on the property on April 19, 2005 in Liber D00012382 and Page 930; and WHEREAS, the Suffolk County Department of Health issued approval for the action on April 11, 2003 and updated the approval on February 10, 2005; and WHEREAS, the Southold Town Planning Board granted conditional final approval on June 9, 2003 and all conditions have been met; and • • Ghassemi — Page Two — 5/10/05 WHEREAS, two extensions of conditional final approval were granted by the Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated December 15, 2002 and last revised March 31, 2003. The mylar maps, which will also be 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 call my office at 631-765-1938. Very truly yours, erilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator Marian Sumner, Peconic Land Trust Tax Assessors Building Department 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: 04/19/2005 Number of Pages: 6 At: 12 :51:22 PM Receipt Number : 05-0041569 LIBER: D00012382 PAGE : 930 District: Section: Block: Lot: 1000 031. 00 01 . 00 001. 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18. 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 $5 . 00 NO RPT $30 .00 NO SCTM $0 . 00 NO Fees Paid $78 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County ❑a 22 nber of pages RECORDED 2005 Apr 19 12:51:22 FM TORRENS Edtaard P.Roma:ine CLERk IF Itil # — _-- _UFFOLI. C r4T L DOiO 1123,2 tificate # �r Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps FEES ;e/Filing Fee Mortgage Amt. 1. Basic Tax railing — 5. 00 __-- 2. Additional Tax -584 Sub Total station -- ----- Spec./Assn. — – --- - ---- or r-52 17 (County) Sub Total Speer /Add. t-5217 (State) TOT. MTG. TAX P.T.S.A. � DualTown Dual County Held for Appointment_ mm. of Ed. 00 Transfer Tax __-- - — v e , Mansion Tax Tidavit �Ef+ ---– ..-- --- The property covered by this mortgage is ;rtif'ied Copy �- or will he improved by al one or two YS Surcharge _ 15. 00 family dwelling only. -- — Sub Total_ YES or NO _ .her --_. ._ —_ Grand Total a f� If NO, see appropriate tax Clause On page #_ of this instrument. Dist. Section Block Lot 5 Community Preservation Fund ,al Pr z>'r c2/. v C9 j P Consideration Amount $ LX C JrerVlCepROp�, 1� ' U S Agency qa � � 'PF Tax Due $ . ----------- -- .rlfacationImproved xl COUNTy > / VaCC Vacam Land 5 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: I D 'I'D " �/x `` �� �� y�i 7 Title CoMpany Information Co. Names ' Title# S 0 Suffolk County Recording & Endorsement Page This page foams part of the attached _ � __G� -- --- --- made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is Auated in SUFFOLK COUNTY, NEW YORK. TO In the Township ofIn the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this day of 7, ki, 2003 by Sy & Catherine Ghassemi residing at 23 Langdon Place, Lynbrook,NY 11563, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the North side of the Main Road(N.Y.S. Route 25), Town of Southold, Suffolk County,New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a proposed cluster set-off, as shown on the Set Off Plan of "Sy& Catherine Ghassemi"prepared by Peconic Surveyors which map will be filed in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW,THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) Lot 1 shall not be used or maintained for any purpose other than a one-family residence, 2) Upon future subdivision of Lot 2 only 30.703 acres may be used when calculating the actual yield. The remaining 1.060 acres was used as a cluster provision for Lot 1, 3) Lot 2 is accessed by a 25 foot right-of-way over Lot 1. Any further subdivision of Lot 2 will require improvements in accordance with the Town Highway Specifications within this right-of-way, 4) A common curb-cut within the 25 foot right-of-way on Lot 1 is to be used to provide access to both Lot 1 and Lot 2. All other existing curb-cuts are to be eliminated, 5) The cost of the maintenance of the 25 foot right-of-way is the responsibility of the owner of Lot 2, 6) All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of SR 25, Main Road, and 7) The existing cottage located in the northwest comer of Lot 1 may not be used as a temporary or permanent habitable structure. The cottage may only be used as an accessory building for storage and/or a personal artist or hobby studio. No product sales shall be permitted from this structure. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction,be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled,waived, changed, modified,terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and.year first written above. By: S Ghassemi I A. By: Catherine Ghassemi 7 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this oda of in the year 2003 before me, the undersigned,personally appeared eh n� 4 " eially 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. Notan ublic Projects/Ghassemi/Town/C&R's 062703 NOTARYAPUUBBUC State o�R}m york Quer6602 red in Naa Term Expim Sept30 DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this 1 day of?,i, ,2003 by Sy & Catherine Ghassemi residing at 23 Langdon Place, Lynbrook, NY 11563, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the North side of the Main Road(N.Y.S. Route 25), Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a proposed cluster set-off, as shown on the Set Off Plan of "Sy & Catherine Ghassemi"prepared by Peconic Surveyors which map will be filed in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) Lot 1 shall not be used or maintained for any purpose other than a one-family residence, 2) Upon future subdivision of Lot 2 only 30.703 acres may be used when calculating the actual yield. The remaining 1.060 acres was used as a cluster provision for Lot 1, 3) Lot 2 is accessed by a 25 foot right-of-way over Lot 1. Any further subdivision of Lot 2 will require improvements in accordance with the Town Highway Specifications within this right-of-way, • 4) A common curb-cut within the 25 foot right-of-way on Lot 1 is to be used to provide access to both Lot 1 and Lot 2. All other existing curb-cuts are to be eliminated, 5) The cost of the maintenance of the 25 foot right-of-way is the responsibility of the owner of Lot 2, 6) All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of SR 25, Main Road, and 7) The existing cottage located in the northwest comer of Lot 1 may not be used as a temporary or permanent habitable structure. The cottage may only be used as an accessory building for storage and/or a personal artist or hobby studio. No product sales shall be permitted from this structure: If any section, subsection, paragraph, clause,phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. GHASSEMI 1000.031.00.01.00.001.000 SCHEDULE "A" DESCRIPTION ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING AT EAST MARION, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BEING BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SIDE OF MAIN ROAD (S.R. 25) DISTANT 831.67 FEET WESTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE WESTERLY SIDE OF ROCKY POINT ROAD WITH THE NORTHERLY SIDE OF MAIN ROAD (S.R. 25); THENCE ALONG THE NORTHERLY SIDE OF MAIN ROAD (S.R.25) SOUTH 56 DEGREES 13 MINUTES 40 SECONDS WEST 120.00 FEET; THENCE NORTH 19 DEGREES 47 MINUTES 10 SECONDS WEST 370.39 FEET; THENCE NORTH 72 DEGREES 25 MINUTES 10 SECONDS EAST 144.42 FEET ALONG LANDS OF MAP OF PEBBLE BEACH FARMS, SHEET 1 OF 3, FILED 6111175 AS MAP NUMBER 6266; THENCE ALONG SAID ABOVE MENTIONED LAND AND THEN CONTINUING ALONG SAID MAP SHEET 3 OF 3 THE FOLLOWING 17 COURSES AND DISTANCES; 1.) NORTH 16 DEGREES 35 MINUTES 20 SECONDS WEST 239.60 FEET; 2.) NORTH 16 DEGREES 14 MINUTES 00 SECONDS WEST 90.07 FEET; 3.) NORTH 15 DEGREES 10 MINUTES 00 SECONDS WEST 213.04 FEET; 4.) NORTH 12 DEGREES 37 MINUTES 40 SECONDS WEST 153.04 FEET; 5.) NORTH 13 DEGREES 56 MINUTES 20 SECONDS WEST 285.00 FEET; 6.) NORTH 13 DEGREES 36 MINUTES 40 SECONDS WEST 262.01 FEET; 7.) NORTH 15 DEGREES 39 MINUTES 30 SECONDS WEST 200.09 FEET; 8.) NORTH 13 DEGREES 56 MINUTES 20 SECONDS WEST 200.00 FEET; 9.) NORTH 13 DEGREES 01 MINUTES 50 SECONDS WEST 505.25 FEET; 10.)NORTH 13 DEGREES 00 MINUTES 20 SECONDS WEST 132.76 FEET; 11.)NORTH 11 DEGREES 47 MINUTES 00 SECONDS WEST 126.63 FEET; 12.)NORTH 13 DEGREES 40 MINUTES 10 SECONDS WEST 446.72 FEET; 13.)NORTH 12 DEGREES 41 MINUTES 40 SECONDS WEST 314.36 FEET; 14.)NORTH 13 DEGREES 26 MINUTES 40 SECONDS WEST 557.97 FEET; 15.)NORTH 13 DEGREES 31 MINUTES 30 SECONDS WEST 436.67 FEET; 16.)NORTH 13 DEGREES 54 MINUTES 10 SECONDS WEST 816.76 FEET; PAGE 2 17.)NORTH 15 DEGREES 18 MINUTES 10 SECONDS WEST 248.64 FEET TO THE MEAN HIGH WATER MARK OF LONG ISLAND SOUND; THENCE ALONG THE MEAN HIGH WATER MARK OF LONG ISLAND SOUND NORTH 23 DEGREES 03 MINUTES 30 SECONDS EAST 447.39 FEET TO LANDS NOW OR FORMERLY OF KANEV; THENCE ALONG SAID LAND OF KANEV, SOUTH 13 DEGREES 59 MINUTES 40 SECONDS EAST 923.41 FEET; THENCE SOUTH 13 DEGREES 23 MINUTES 50 SECONDS EAST 592.86 FEET; THENCE SOUTH 13 DEGREES 05 MINUTES 50 SECONDS EAST 4136.64 FEET; THENCE SOUTH 57 DEGREES 39 MINUTES 00 SECONDS WEST 219.98 FEET; THENCE SOUTH 15 DEGREES 27 MINUTES 00 SECONDS EAST 200.13 FEET TO THE NORTHERLY SIDE OF MAIN ROAD (S.R.25)TO THE POINT OR PLACE OF BEGINNING. clus`It►r 5e�.o� Tll1s 15 TO SEC OFF A /.0$7 ACRE PARCEL FROM AN EXISTING 21O ACRE PARCEL LOCATED ON two, e� Ale?NQS S3► 67' wort er%L IN SCTM# l000-31- 1- 1 'TL :niwsh�:onl sQj SET OFF Complete application received Application reviewed at work session Inco. OK Aw . OK Applicant advised of necessary revisions ° w uo t� ° 1 Revised submission received � oK ❑ f Inco. o OK a. Sketch plan approval -with conditions 1.0 ICI of c N o Lead Agency Coordination �S ->bu l� lb)%76t M o rtret+,(9 refv-or r,ILzlot1l �t}vtl loi 11, C) 3 ~ SEQRA determination 1 S o N Sent to Fire Commissioner o � � _lo� l �ol Receipt of firewell location cz . Notification to applicant to include on final map ~ Sent to County Planning CommissionId u, oK Receipt of County Report ACO` J t] inro. OK 0 r Review of SCPC report r oC�ovenants and Restrictions received o 11 iro.` oK O v Draft Covenants and Restrictions reviewed Se� n 1y )51cz3 oK Filed Covenants and Restrictions received o � b o Receipt of mylars and paper prints with L Z � Health approval approval Final Public Hearing Approval of set off -with conditions t` K ,�- PZ_/,+ Zl�s;:,Qo u.nv SEL--4:-- Endorsement of set off 1 � e fYIS IIyI �O .p, _ - L.UrL) r,,x I }fit °i 211ANNING BOARD MEMBER gOfFO(,� BENNETT ORLOWSI4,JR. ��� CQG Town Hall, 53095 State Route 25 Chairman tiZ' y P.O. Box 1179 WILLIAM J.CREMERS o Southold,New York 11971-0959 KENNETH L.EDWARDS yy,. Telephone (631) 766-1938 GEORGE RITCHIE LATHAM,JR. G 'F Fax(631) 765-3136 RICHARD CAGGIANO 'yfjQl �ap� PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: Ghassemi Suffolk County Tax Map # 1000-31-01-01 Type of Subdivision: Major Minor (Set-Off) Lot-Line Cluster Subdivision: ( Yes ) No Hamlet: East Marion Street Location: Main Road between Rocky Point Road and The Long Way Acreage: 32 . 8503 Number of Lots: 2 Zoning District: R-8 0 Date: 7/23/01 Please list name, mailing address, and phone number for the people below: Applicant: Sy and Catherine Ghassemi 23 Langdon Place Lynbrook, NY 11563 ( 516 ) 887-4444 Agent handling the application: Marian P Sumner Peconic rand Trust (Contact Person) PO Box 1776 Southampton, NY 11969 ( 631 ) Z83-3195 ext . 26 PropertyOwner(s): Sy and Cathprinp ('hacc m' 23 Langdon Place Lynbrook, NY 11563 516 887-4444 Surveyor: Pp� qjirirPjrnrQ , P r Pn Box 909 Southold , NY 11971 ( 631 ) 765-5020 Engineer: Attorney: Other Agent(s): OWNER'S ENDORSEMENT STATE OF NEW YORK) Ss COUNTY/SOF SUFFOLK) S`/ Vt/.4SSE/f9/ , being duly sworn, deposes and says: I am: (check one) a part owner in fee; or the sole owner in fee; or an officer of the corporation which is the owner in fee of the premises described in the foregoing application. I reside at: n 2 3 LA.✓G z7o �✓ !' t . Mailing Address ��/NBl10 o/Y , / ,� �6 '� Q Hnan let/Postt �OfficONillage I have authorized PO4W.G LA4 gkg represent me with regard to the 567; 0GF for adS 11-"d d— / j_ oJ 4gnaoturele Date (If the owner is a corporation, please indicate the name of the corporation and the title of the corporation officer whose signature appears above.) Sworn before me this 1S day of ----Ytg n e , 200 �` of Public W=8. MrCenYoN=00Us Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/30/01 Receipt#: 108 Transaction(s): Subtotal 1 Seqra Review $500.00 Check#: 0108 Total Paid: $500.00 r U U 131 2001 Name: Ghassemi, &Co Llc Ghassemi, Sy&Catherine, Sctm #1000-31-1-1 Clerk ID: LINDAC Internal ID:41624 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/17/01 Receipt#: 100 Transaction(s): Subtotal 1 Application Fees + $250.00 Check#: 0100 Total Paid: $250.00 a I AUG 2 n 2U01 Southold Tm ._ Name: Ghassemi, & Co Llc Planning Boa� Ghassemi, Sy& Catherine, Sctm #1000-31-1-1 Clerk ID: JOYCEW Internal ID:38913 f Celia M. Josephson, Esq. P.C. — 2 Dune Alpin Drive North East Hampton,NY 11937 October 4, 2007 Dear Ms. Josephson: In reply to your letter to Mr. Ghassemi with copies to Marion-Southold Home Owners Association, Inc., to me, Patricia Sepenoski, to Sep's Farms,to the Office of the Supervisor, Town of Southold, to the Planning Department, Town of Southold, be advised that I lease the property described in your letter and I am responding to it. The six items in your letter were corrected and completed on September 30, 2007 as in accordance with the letter of agreement. Sincerely, 1�;� Patricia Sepenoski cc: The Marion-Southold Home Owners Association, Inc. Office of Supervisor, Town of Southold Planning Department, Town of Southold Sy Ghassemi 6 Celia M.Josephson Esq. P.C. 2 Dune Alpin Drive North East Hampton, New York 11937 Tel: (631) 324-3288 Fax: (631) 324-9356 By Certified Mail 7007 0710 0000 2441 2836 ,A I Mr. Sy Ghassemi 23 Langdon Place , SEP 2107 Lynbrook, New York 11563 w September 26, 2007 ' wn :bard - Dear Mr. Ghassemi: I represent the Marion-Southold Home Owners Association, Inc., (hereinafter M-S HOA) a New York not-for-profit corporation which owns the open space in the subdivision originally entitled East Marion Woods. This subdivision is located in East Marion, in the Town of Southold, County of Suffolk and State of New York, and is filed in the office of the Suffolk County Clerk as Map Number 7045 dated Jan. 19, 1982, Tax Map No. 1000- 025.00-04.00-011.003. I have been retained to give you formal notice that as owner of land adjacent to land owned by my client, you and/or your tenants: Sep's Farms, Patricia Sepenoski, their or your employees and/or independent contractors, including but not limited to Peter Sepenoski, have encroached and continue to encroach upon M-S HOA land. This land is protected by Covenants and Restrictions (hereinafter C & R's) dated January 26, 1989 and recorded in the Suffolk County Clerk's Office in Liber 10791 Page 303 et seq. A copy is enclosed for your reference. Subparagraph 12 of these C & R's require that areas designated as open space "shall be used exclusively for purposes of passive recreation and no buildings, structures or other improvements shall be constructed thereon." A survey conducted by Destin Graf in June 2007 and observations by members and officers of M-S HOA indicate that you and/or your employees, agents or assigns have violated these requirements as follows: 1. Constuction and use of a road on restricted property; which has also permitted further erosion by third parties' use of dirt bikes and other vehicles; 2. Erection of an electrified deer fence on restricted property; 3. Farming for commercial purposes on restricted property; 4. Use of plastic weed prohibitors on restricted property; 5. Use of M-S HOA well water accessed by water pipes on restricted property; 6. Removal and bulldozing of survey stakes set by Destin Graf. My client has attempted previously to attempt to amicably resolve these problems. None of these former attempts, including any temporary and time-limited permissions granted to Sep's farm to complete harvesting of crops on restricted property should be viewed as my client's waiver of any property ownership and/or related rights. Because none of the aforementioned illegal activities has ceased, it has now become necessary for MS-HOA and as authorized, the Town of Southold, to pursue all available enf6rcement options to keep designated open space in its natural state for passive recreational purposes only thereby maintaining the C & R's mandated by the Town of Southold. If all illegal activities are not remedied and do not cease within two weeks of the date of this letter, these enforcement actions will be pursued, including, but not limited to the levying of municipal fines. Sincerely, Celia M. J sephs Esq. cc: The Marion-Southold Home Owners Association, Inc. Patricia Sepenoski Sep's Farms Office of Supervisor, Town of Southold vPlanning Department, Town of Southold VANC22_ .;C SAN76F::; E1c70�Ec'' i ; IIAR-25-0^ 4 1SP1d; PARE 3 mrLuix = or wy mTS Am i==c== sav8,(rr 11221 N assOmTSS This declaration made thin 26 dzy of JYWLIW� 1989 by Sunny ION ASSOMTZS. a partttorship with its principal office located at 1455 Veterans nig(kway, Hauppauge, Now York V I T l t S S E T I ; IMSA.EAS. SEVCBTY wmo8 Asso=Tls, a partnership with its principal ,R office located at 1455 vaterana lighway, laepyauye. les► Terk, hereinafter referred to LD as the "Declarant' is the owner is fee simple of certain praaises in the Town Of Southold. County of Suffolk and State of New York, ]mown and designated am- a certain map entitled. EAST MARION soODS, a subdivision situate at orient, Town of Southold. - County of Suffolk mad State of New york. filed in the office. of the Clerk of Suffolk • County as Map Number 7045 on the 19th day of January 1982 and bearing Tax Nap No. _K 1000-025.00-44.00-o1I.003. r • )tlERIMS, said sgvzm 1A11mv Assa=T=. in improving said premises as s planned suburban residential community and contemplate the said premises to be conveyed to individual purchasers, and 11EREAS, said SEYEBTY 93R= ASSG=Tu in dasiroas of placing eartaii restrictions upon said premises which shall be binding upon all -purchasers enc mortgagees of individual lots, their heirs, mcators, adadaistrators and assigns of other successors in interest, NOW, TIIEAMMIX, mcvM y l =CX Asgc4=Ms leclares that the aforesai; land is held and shall be conveyed subject to the following covenants at restrictions which shall ram with the land in perpetuity. 1_ canstructioa Requirements (al Tppa ol, Building we building &hall be erected, altarad, placed or permitted i remain other than detached single family twe311192 not exceed two and one-half (2-112) stories in height and havil a private garage far not leas than two (2) cars. (b) Accessory Buildings go carport or other accessory building of any 13ad may r erected excapt: (i) a detached garage. (2) an accaasc buildiva used is eonjunetiaa with a swimming pool. (3) a tc U shed for the storage of Lawn maintenance equipment mad Ott NN1 g EXHIBIT B 10791 K304 maintenance equipiest used in conjunction with such iadividnal lot. (c) PdAminq Foal Private swimain4 'goals say be constructed an say lot provided they are situated in the rear yard emly and provided further that no portion of any such goal Or its appurtenances shall be closer than thirty (30) feet to the rear or side lot lines_ We above-ground swimming pools shall be erected or maintained on any of said lots. id) Dwalliaq, Square. Too�age�tegy �ea1`g No dwelling shall be permitted an any lot unless the ground floor area of the main struetuwe, aselumive at ase—story open Parches and garages, shall be not less than 1509 square feet_ If the living aria is on more than one floor, the total living area shall not be less than 1803 square fast"with a sinimun first floor of Joao square feet_ (e) No part of any building and/or structure, except ancarered steps# atoopa, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the tMet street line of the lot nor within thirty (301 feet Of anY side line of the lot, nor within forty (401 feet of the rear line of the lot, except that is the ease of a earn" lot a buildinq shall be requited to comply with the Rant yard restrictions on one street front only pra.ded, however, that the width of the side yard abutting an the street other than that upon which the lot fronts shalt be not less than forty (401 feet. (tT 1pproval.af, Conatrvetion Plans All plans Sar the construction of say building and/ox structure and the siting and facing upon the plot must be presented to and approved in writing by SXTZ [T Mloi ASSOCIATES their successors or assigns, prior to the start of any construction. Such approval, which shall not bt unreasonably withheld, shall be based upon the judgment o: Ss:{tIM MILRION ASSCCIATLS as to whether the propose' structure will be censistent with. and will not detract fro the aesthetic character of EAST BARIOA Y80DS eommUnzty• Al b exterior construction, painting and gradis4 shall completed within one (11 year after commencement a construction. This approval ix in addition to any buildiD permits or other approvals required by the Town of Southold" 1 EXHISIT 2 in,�m�i_ _ nim -„i- ^.+ 5165996611 , MAR-25-02 4: 16PM; PAGE 5 s %7,J. Ib43U;) (g) suiLUzq.Nodtficatism 7111 permitted accessory buildings ad additions or other modifications thavU, and any modification o! the initial residential building, including any brsezeway or other structure connecting an addition to the sain dwelling. shall conform in architecture. material and color to such dweilinq. Ray attached addition .to the initial residential dwelling shall not project more than live (5) rout beyond the front wall of the dwellinq or structure as originally approved. 2. Restriction an Division and use of Lots No lot shall be divided end CoaYeyed Y two or sore separate Parcels- Nor shall mora than one single family dwelling house be located on any lot. 7. Residential use of lots Ito lot shall be used except tar residmtiaL purposes. 4. Signs No sign of may kind shall be displayed to the public view as may lot Meept nae professiaoml sign of not more than and square foot. vithoat. the vrittaa consent of kO VEM MRMM ASSOCUTIS their successors or Assigns. This eossent is in addition to any buildina Permits or other approvals required by the Town of Southold. S. Animals so animals, livestock or poultry of my kind shall be raised. bred or kept ou any lot, except that of dogs, cats or other bousebold Dots SOY be kept provided that they, are not kept. bred or maintained for any commercial purposes_ In no event abill more than two (2) such household pets be kept, bred or maintained as any such Lot_ 6. Trailers. Tents and Shacks so trailer, except a boat trailer an hereinafter provided, or tent. shall be located. erected or used pmrmamstly on may lot. go trailer, arxeept the beat trailer as hereinafter provided. or tent shall he located, erected or used an any lot for a eontiaaous peticd esxeeding tive (5) days. and shall not be placed ee &ST let so e: to be visible vhea tae lot is viesed trust the front boundary of such lot_ no boat or boat trailer in excess of twenty (20) feet overall length shall be placed on my lot unless is a garage or authorized existing Lending. Re motor hose/camper shall be placed on any lot •meas is a garage or nutboriz;ed eadsting building. 3 EXHIBIT 6 : IAANCELL ANC SANTCRA; 51E5CSEE: 1 ; MAR-25-02 4 Er'M; R„OR E (tiJU0 7. ADnoyibq Activities so noaions or offensive activity shall be carried upon nay lot, liar she.11 aartbinq be done thereon which say be or nay became an annoyance or nuisance to the 0eighborhood. a- Trash Garbage or rubbish shall not be damped or allowed to remain on any lot. All garbage to be collected suet be contained in closed receptacles, placed ineonspicaoueIT outside the dwelling for collection. Trash or rubbish sban not be premises, bnrued upon the !. Clotheslines Clothesline= and laundry poles Mast be located LD the rear yard and Placed so as not to be visible from the street. 10. Fences rences,` whether fabricated or growing, shall not escaed tour (41 feet is hRight. except tences which enclose a tennis court whiCS shall not ezceed twelve (12) feet in height. 11- Tree planting lath lot owner will plant trees on front of cleared lots outside the had of the road with 2- mi.nisam caliber; "The trees ahali be planted twenty (201 feat apart. These plantings are in addition to any other plantings required by the Tarn of Southold. 12. Common Drive and Open Space �a) Open space. Jl;ei L ;? subdivider has set aeida, as indicated. an the subdivision %lip. an open s9ace area for the use of the Owners of lata and their quests and invitees. said open space area shall be �� �,,_ used txclusively for purposes of passive recreation and no ' buildings, structures or other improvements shall be ' Constructed thereon, (b) Upkeep, of Common Drives Owners of lots. 2. 3, 4, S. C, 7, 10, U, 12, t3, 16, 17. 12, 19, 22, 23. 24 and 29 that have access to a common drive shall be responsible for their proportionate share of real estate taxes attributable to the eomeon drives mad the mvtee{ and anew removal thereof_ r 4 EXH18iT B I; T, EY: VANDELL AND SANTORA; 5165996511 ; MAR-25 02 4; t6PiU; PAGE ;12 14)791 IQ07 _ (c) IIpkeep of open;spas_••vp { Each lot owner shall be 'rervamaible for one-treaty-s=th ( (1128th) of the real estates tags attributable to the apen spars area. 111 .decisions as to the upkeep and saiateaanee Of the open spats atea, including decisivas as to the extent pad cost of any repairs thereof, shall be at the exclusive direction of the subdivider or bis smeaessors in interest, an aac0ciation of pruaertt awnsrs as hersaftar provided. (d) Payment of Coatributipug. by aeaers Ybile the subdivider holds title to the open space area. be II vill pay the tataa and tenses Mabtiaaed in Paragraph (c) above, and will sebsit bills to the individual Int Owners for ( their respective eentrihatioes. Such bills will be paid in - full to the subdivider by the then present lot owner within thirty. (30) days after said WXU have been mailed to suet presest lot Owner, lh t$e event that any such bills are not paid by any present lot owner, each aharge shall became a lien against any such lot_ fe) Qoaeowners Association til The words 9femeowners lssociatima or "lasociatioa', as used hernia. shall refer to an iaasrporatsd ant-ter-profit organization opentift mailer recorded land agreements through wbieh each Lot Owser is amtumatieallt subject to a chat" for A proportionate share of thm expenses of the activities at the organization_ (13) The words 'Lot owner. as used herein, shall refer tt the record owner of tae sistpls title is ped to any lot in th, sabdisisina, including the Decisrant as to an unsold at. (iii) Declarant shall � all. responsihilities of th. r 9omeownera lasociatiom matSl such time ul+*4n! be, conveyed 31% of. the lata to the Lot Owners. u nab time peclarusts, their sneeeasars, :nd assigys, than. at their Ow cost and' eepensm, incorporate a Semeovnera Usoeiation an with{n siztY (60) data thereafter :hail convey title to tb l : open Space to the lomeowmmsa lsaoeiatiom. ;Q lir) Upon the creation Of the Heseawasrs lssociation, i bereinbefOre provided, all rwlspaasibli,tt for eparatios a eaintaaance of the Open "sea shall lie with the laaaeiatiOl Ewers Lot Owner shall be deemed a zasher of the lawneiatio I and shall be subject to the b=-laws and rales and reQnlitio thereof. s EXHIBVT B i J1: ,MANDELL AND SANTDRA; 5165996611 ; NAR-25-02 4:17PM; PAGE 8;12 107V1 U08 (vi pithio aistT (GO) days after the Crashes of said nameewnera Association. by-lass shall be adopted far the goveramemt thereof, which said br-laws and any =mendments thereto shall be approved by the Ton Board of the Town of Southold. (Pi) The by-laws of the ycmeowners Association shall, to addition to other utters, provide for the following; UU , tach tot owner shall be entitled to one (11 tote at any meeting of the Association. Every Lot Cwner shall be treated for 911 Prpoaes as a single owner for 'i each lot held, irrespective of whether such ownership is hold jointly, in common, or tenancy by the entirety. (B) The Association shall be perpetual; it shall purchase insurance, pay taws, specify an a conal homeowner's fee• Each and every fat Owner shall he subject to a proportionate share of the aforementioned expenses of the Association, as well as any and all expenses incurred by the Association for the improvement, wiatenance and ase of the open space_ (C) The Association shall havW the right to suspend the voting rights of a Lot Owner for his tailurato Day when due any and all charges cine the Association: and that all such unpaid charges shall bacoae a lien on the Property of such Lot owner in favor of the Association. The Association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of lases. and it shall also have the right to eomence action against any Lot Owner for the eolleetion at any anpaid asseeament is any court of competent jurisdiction. (I1) The Association shall have the right to borrow such sums of smoey as it "am necessary for the sainenance and improvement of the Open Space, and to aecnre the same by a lien on the open space- Utility 'razaizenc pace_Utility 'rasament An easamemt along the road of said map* or any other area necessary is hereby specifically reserved for the installation mad saintenance of wire and canduite and of all Proper Sud necessary attuchmCats for the underground service of electric Dower and telwphose service and for the installation and maintenance of any utilities, if any, prnridrtd, hnwev'r, that said easements shall be under areas designated by snnicipal or public utilities authorities. j 6 EXHIBIT S BY: ,,MANDELL AND SANTORA; 5165996811 ; MAR-25-02 4: 17PM; PAGE 9/12 10791 nig- ; 13. Invalidation of any 'eae of theme covenants by Judgment or mart order shall in so way affect any of the other Provisions vhiea shall remain in fnll torp and effect. 11. m+forcameat abail be by moesediags at lav or in equity brought by ST.Vrm RnIGN lSsoCa m, their seucomm s and assigns. or by the owner of any lot against not Person or Persons violating or attempting to violate mt covenant or restriction. either to re-strain violation ar to recover damages or both. In addition, the Tnwe 4e Southold any brinq a grocesding to miarp these coavenauts and restrictions. 15. Failure by rzvE3 TT 1MMr asst=TE=, their saceaasars mad assigns, or of M owner to enforce all of the provisions herein shall in no *vent be deemed a waiver of the right to do ao thereafter. 16. All of the foregoing rastrictiong are iatauded to cover Only-the Plate sho.n an the sap of CM XL2M go= and are not extended to 11My Other property now or to be weed by 3!.•9LM MMON A33OMTn. . S89R1e1T 1Dl8IaR Il830CI.iTES a?s Erwin F. 9tallef Declarant STATE Or M TOM ea: COM17T OF SQFFOLL) on this ZC044 day at -41"UNtY 1984j, before an personally cane Una P. STALLIX, to ne Knowe and known to oe to be the aaae individual described in and she ew:ecated the nbove invtrasent and he duly acknovledged to me that hoe rxecuted sane. Yh �s�re.v tart Pehlie CNIMMIX Immy�� Mit �HNen L 11 ' EXYki�1�' B f' ( PECOMC ABSTRACT, INC. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK P.O. BOX 1267 405 OSTRANDER AVENUE RIVERBEAD, NY 11901-0902 (631) 369-0222 Fax: (631) 369-4020 June 6, 2005 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Title No. PAC-3650 Ghassemi Dear Ms. Moore: Please be advised that the Miscellaneous Map of Ghassemi Cluster Set off Plan has been filed on 612105 @ 11:45am as Map No.A-599. Enclosed, please find Suffolk County Clerk receipt. Bill for said filing and handling is..$60.00. Please forward your check in this amount to my attention at the above address.Thank you Very truly yours, Qw--� &'1%3 Jeanne Anstett, Office Manager JAlmv Encl. JUN - � 2065 } t — `- C,C r>7 Submission Without a Cover Letter Sender: PAT yno (7a- Subject: SCTM#: 1000 - Date: Comments: ny PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631)765-4330 Fax: (631) 765-4643 April 21, 2005 Southold Town Planning Board Main Road Southold, NY 11971 att: Mark Terry Re: Conservation Subdivision for Sy Ghassemi SCTM# 1000-31-01-01 Dear Mark, Enclosed, for your review is a preliminary Conservation Subdivision map. Please let me know your comments and I will submit the complete application. If you have any questions, or require additional data, please contact this office. Very truly yours, Patricia C. Moore Encl cc: Sy Ghassemi APR 2 2 2005 IWY- PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax:(631)765-4643 April 20, 2005 Mr. Mark Terry Southold Town Planning Board PO Box 1179 Southold, NY 11971 RE: Sy Ghassemi SCTM: 1000-31-01-01 Dear Mark: Please be advised that the Covenants and Restrictions on the above referenced property were recorded with the Suffolk County Clerk's office on April 19 in Liber 12382, page 930. A copy is enclosed. If you have any questions, please do not hesitate to contact me. Very truly yours, Patricia C. Moore ( L� PCM1vc Enc. AFR 2 ?^5 • St/15f m� PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax:(631)765-4643 April 5 , 2005 Southold Town Planning Board Main Road Southold, NY 11971 att: Mark Terry Re : Sy Ghassemi 1000-31-01-01 2003 Approved Set-Off Dear Mark: Enclosed please find five prints and 5 mylars signed by Vito Nminei, P. E. , This map was approved but the Health Department had expired in order to file the map. As soon as the chairwoman signs the map we will have the maps filed. My client intends to apply for a conservation subdivision on the balance of the property, but we are still waiting for Peconic Surveyors to provide the map. y tr yours, Patricia C . Moore cc : Mr. Sy Ghassemi Af,r s: - PATRICIA C.MOORE Attxnev at Lew 51021 MainRoad Southold.New York 11971 Tel! (631)165-4330 Fax:(6?1)755-4643 Marga-et Rutkowski March 2 . 2005 Suffolk County Department of Kea_th Services Bureau of Wastewater Management. Suffolk County Center Riverhead, New York 11901 Att: Vito A. Minei, PE RE: Set-off Ghassemi r Main Road, East Marion SCTM# 1000-31-01-01 Ref 5•a 7 Dear Mr. Minei : Enclosed please find 3 mylar prints of the above referenced subd:.vision. The subdivision was approved by the Health Department on April 11, 2003 and updated on February 10, 2005 . The paper prints were signed by you on February 10, 2005 . Please sign the enclosed mylars and have your office call us for pick up. Thank you in advance for your anticipated cooperation in this natter, if you need anything turther else please do not hesitate to contact me. Very truly yours, �._ Patricia C. Moore cc: Mark Terry, Planning T 'd Eb84 59L 160 ao?jj o mel aJoow e90 : TT so 20 Jew • �OgpFFO(,�Co MAILING ADDRESS: PLANNING BOARD MEMBERS �.�� P.O. Box 11 Gy 1 C Southold, NY 11971 JERILYN B.WOODHOUSE Chair co : OFFICE LOCATION: RICHARD CAGGIANO ��, 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: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 14, 2004 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision of Sy and Catherine Ghassemi Located on the north side of Main Road, East Marion SCTM#1000-31-1-1 Zone: R-80 Dear Ms. Moore: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, December 13, 2004: RESOLVED that the Southold Town Planning Board grant a retroactive extension of conditional final approval on the map, as last revised on March 31, 2001, from June 9, 2004 to December 31, 2005. Sketch approval was granted on June 9, 2003. This is the final approval extension. Please contact this office if you have any questions regarding the above. Very truly yours, ?erilyndhouse Chairperson 0 � - PATRICIA C. MOORE ,P Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 November 16 , 2004 Southold Town Planning Board = Main Road _ I Southold, NY 11971 w att : Mark Terry Re : Sy Ghassemi t' Set-Off Dear Mark: I am in receipt of your November 12 , 2004 r. We would respectfully request an extension of the conditional final approval . We will obtain an updated Health Department stamp . We have been waiting for the surveyor to place the Coastal Zone Line on the subdivision map and provide calculations of the area seaward of the CZM line . The owner has expressed his intentions to continue with a conservation subdivision provided he is able to develop the waterfront . The County has offered a purchase of the development rights, my client is awaiting an answer on the development of the waterfront lots before he signs . The problem, as you know, is that delays adversely affect the value of the development rights offered. My client is anxious to complete the setoff, he til\off ` .0 paid the park & rec . fee, and he constructed the curb cut in accordance with the permit . After the onservation plan is approved it needs to be filed. e appreciate the Planning Board' s cooperation, we ^Zt {. %>, 2 don' t want to be precluded from filing the ,�c�� conservation plan due to the filing of the set-off . The process is merely waiting for the surveyor' s calculations . As soon as we have the calculations of the slopes I will get this map to you so we can proceed with the preservation plan. Very truly yours, Patricia C. Moore cc : Mr. Sy Ghassemi O�OgUFFO(�CpG MAIr o BADDox 7RESS: PLANNING BOARD MEMBERS O.Z. ,y� JERILYN B.WOODHOUSE Southold,NY 11971 Chair y OFFICE LOCATION: RICHARD CAGGIANO G • Town Hall Annex WILLIAM J.CREMERS y'�pl �aO� 54375 State Route 25 KENNETH L.EDWARDS * (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone: 931765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE November 12, 2004 TOWN OF SOUTHOLD Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Set-off of Sy Ghassemi SCTM#1000-31-1-1 Zoning: A-C Dear Ms. Moore: A review of the file indicates that the last action the Planning Board issued was conditional final approval on June 9, 2003. Since that date you represented to the Planning Board that the applicant is amending the application to include two lots adjacent to the Long Island Sound. As a result, you further requested that the Planning Board not issue Final Approval for the pending action due to the Suffolk County Clerk's two year interim required to file consecutive subdivisions upon the same parcel. The following items are outstanding: 1. The filing covenant and restriction submitted by Ms Marion Sumner of the Peconic Land Trust on July 25, 2003 with the Suffolk County Clerk's Office, and upon filing the notation of the Liber and Page number on the final plat. 2. Conditional Final Approval was granted on June 9, 2003 and was extended once to June 9, 2004. Submit a letter to the Planning Board requesting an extension for the approval. 3. The Department of Health approval stamp has expired on April 11, 2004, please update the approval stamp. 4. Submit 3 mylar and 8 paper plats with an updated Department of Health Stamp. As you are aware, the Planning Board requires that all approved subdivision plats be filed with the Suffolk County Clerk. This letter addresses only the application submitted with no amendments as discussed. Please contact this office if you have any questions regarding the above. Very truly yours, ark Ter Senior vironmental Planner cc: Melissa Spiro, Land Preservation Coordinator PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 August 3 , 2004 Southold Town Planning Board Main RoadD G Southold, NY 11971 Es _1 70 att : Mark Terry Re : Sy Ghassemi i Set-Off Dear Mark: Enclosed please find New York State Dept . of Transportation permit #10-03-0414 for the above set- off . It is my understanding that this permit completes the conditions of approval and the owner is now authorized to split off the waterfront agricultural lot from the house on Main Road. This set-off will not be filed with the Suffolk County Clerk in order to allow filing of a future subdivision on the agricultural land. Mr. Ghassemi has been offered a contract for the 1p: •-', sale of development rights, however, the uncertainty of the subdivision ordinance and the deduction of slopes from the lot area calculation results in a disincentive to enter into contract to sell development rights of the agricultural land. +b „t_ ( > I-, b My client wishes to reserve land for two AW waterfront lots on the Long Island Sound and a reserve area for a farm house . The proposed waterfront lots would be located in the wooded, nonagricultural land, but because the slopes are deducted from the lot area of these sound front lots normally 2 acre lots must r1 now be a minimum of 3 acre lots . The removal of the slopes from the area calculation of lots eats up more F agricultural land. This policy and proposed legislation runs contrary to the goals of preservation N(,0 in a conservation subdivision. In my client' s case I the waterfront lots must be larger to provide adequate ru� rn ti v,-- c -�A• , lot area. The proposed legislation is going to result in problems for meeting the goals of a conservation subdivision. The Ghassemi family does not wish to find themselves in the same situation as the Doroski Limited Partnership case where the land retained after sale of development rights failed to meet your proposed subdivision requirements . Please re-consider the propose subdivision ordinance because it will undermine your efforts at preserving agriculture . The current subdivision code has worked in the past and does not take away valuable waterfront land. Very tr yours, P(atricia C. Moore cc : Mr. Sy Ghassemi Melissa Spiro, land preservation 14 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING SUBIMAL CHAKRABORTI. P.E. 250 VETERANS MEMORIAL HIGHWAY JOSEPH H. BOARDMAN REGIONAL DIRECTOR HAUPPAUGE. N.Y. 1 1788-5518 COMMISSIONER Mav 13, 2004 Town of Southold Plannine Board Town Hall, P.O. P.O. Bos 1 179 Southold, NY 11971 Reference: New York State Department of Transportation Highway work Permit #10-03-0414 Permitee- Mr. Sv Ghassemi, 6735 Main Rd. East Marion, NY 11939 To whom it may concern. Be it known this day, Thursday, the thirteenth day of Nlav, 2004 the above mentioned Highway Work Permit has been completed to the satisfaction of the NYSDOT Resident Permit En,ineer and is clear of any holds or restrictions. If there are any questions on this matter, please feel tree to call me at 16311T'7-1731 . Ke%in E. Matthaei Resident Permit Eneineer Residency 03. Riverhead PERM 46b (4192) • State of New York • Department of Transportation HIGHWAY WORK PERMIT DISPOSITION PERMIT NO. -'.0'-V3--w, 1zi RETURN DEP/BOND TO Sy Gba.3s mi REG: RESIDENCY: _ CURRENTADDR. 23 Langdon Pace _ PERMITTEE: ._ T_ �nbrook NY 1 "t 5 63 _ l WORK AUTHORIZED BY THIS PERMIT HAS BEEN SATISFACTORILY COMPLETED CHECK ' ONE [ j CANCEL PERMIT — WORK NOT COMPLETED ] CLOSE PERMIT ONLY — NO DEPOSIT OR BOND DEPOSIT AMOUNT: [ ] REFUND OF DEPOSIT IS AUTHORIZED [ j FORFEITURE OF DEPOSIT IS AUTHORIZED CHECK ONE BOND AMOUNT: 7,2500. 00 BOND NUMBER: 6h'S7%' S RETURN OF BOND IS AUTHORIZED [ ] AMOUNT CHARGED AGAINST BOND FOR THIS PERMIT MAY BE RELEASED [ ] RETAIN BOND FOR FUTURE PERMITS [ ] RECOVER FROM BOND FOR DAMAGE/INCOMPLETE WORK FOR $ DATE: 0S/05/04 TC--vin 03 Parmit Gngiri-ar Res/Ass't Res Engineer APPROVAL OF AUTHORIZED ACTION [ ] FORWARD TO HIGHWAY PERMIT AGENT FOR PROCESSING DATE: 05/7-1 G:-a, 1rn ii !R-g ?gi g•_, c Regional Permit Engine DATE: ION: 0-3/05/0', Permit Closed(Recorded in Highway Work Program as Completed) Forwarded to Highway Permit Agent Deposit/Bond Returned/Released Other Western Surety Company PERFORMANCE BOND `i N! Bond No. 69577999 Amount $2,500 .00 KNOW ALL PERSONS BY THESE PRESENTS, That we, j r .`,u"ring its ji:inu,pai piace of � SV .�h�ssem� business at 23 Langdon Place Lynbrook NY 11563 as Principal, and WESTERN SURETY COMPANY, as Surety, having an office and usual place of business at 101 s South Phillips Avenue, Sioux Falls, South Dakota 57104-6703, are held and firmly bound unto the DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW YORK in the sum of j. TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($ 2,500.00 for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal will submit and has submitted plans and specifications for work, with a State Highway, deemed necessary by the Commissioner of Transportation, or his duly authorized delegate, and WHEREAS, the Principal has received and will apply from time to time for permits for the purpose of constructing drive entrances, sewer lines, water mains, gas mains, street intersections, curb, sidewalk, drainage and excavating for miscellaneous structures, etc., on or within the right of way of highways under the jurisdiction of the State of New York, Department of Transportation. WHEREAS, this bond is for the purpose of insuring and guaranteeing the timely and workmanlike completion of such work as reasonably determined by the Commissioner of Transportation or his duly authorized delegate. A'I I IT IS AGREED and understood among the parties hereto that upon the reasonable determination I, ' A� that such work is not being timely performed or is not being or has not been performed in a ii workmanlike manner by the Principal, the Commissioner of Transportation or his duly authorized delegate may require the Insurance and Indemnity Company to promptly complete said work in a timely and workmanlike manner, or the Commissioner of Transportation or his duly authorized i ]i delegate may direct completion of said work with forces chosen by the Commissioner, the costs of ; which work will be reimbursed by the Insurance and Indemnity Company up to the amount designated above, all of which determinations shall be within the sole and exclusive discretion of the €+ Commissioner of Transportation or his duly authorized delegate. t IT IS FURTHER AGREED that the Principal and the Insurance and Indemnity Company shall indemnify and save harmless the State of New York. Department of Transportation, from all liability, damages and expenses of every kind and nature, resulting directly or indirectly to persons or property and arising from and in consequence of any license or permit, and shall well, truly and faithfully 5I perform the duties and privileges pertaining to any license or permit and shall restore such State ji Highways to their original condition. :�� Farm F6119-8-2002 �,i� PLANNING BOARD MEMBERo�OgUFF0j/( • p o Box 1179 JERILYN B.WOODHOUSE G Chair C y� Town Hall, 53095 State Route 25 C43 Southold, New York 11971-0959 RICHARD CAGGLSNO • Telephone (631) 765-1938 WILLIAM J. CREMERS Fax (631) 765-3136 KENNETH L.MARTIN H. DOR •f,�l ��Q PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 13, 2004 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Cluster Set-off for Sy and Catherine Ghassemi Located on the north side of Main Road, East Marion SCTM#1000-31-1-1 Zone: R:80 i Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, April 12, 2004: RESOLVED that the Southold Town Planning Board grant a retroactive extension of conditional final approval on the map, as last revised on March 31, 2001, from December 9, 2003 to June 9, 2004. Sketch approval was granted on June 9, 2003. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson 03/29/2004 22:19 6:112040711 PECO141C LAND TRUST PAGE 01 �pf7 — • P TruaL Inc. e 'er -+ PO Bpx 1776,296141rmwn Rnad Southampton,NY 11969 Phone:631-283.319$ j Pax:6:1.206.0711 t ti i. t� Q { d • � r ::° ,.i":. 1 r :�' 'i 1 i i Ilii �� � ,1 � � i I 91 1Y t •. I { 4 ' To: Mark Terry From: Marian Sumner Paz: Date: 3.29-04 Phone: Re' toy U Please Reayals I t _ 14. ,�--�- 03/28/2004 22:15 5312140711 PECONIC LANG TRUST PACE 02 PECONIC LAND TRUST li 2C,16 Famprnn Rued,T10.lion 1716,$nnrhampron,NY 11969 ihil l 2P9}195 ['xx!(G311 2nn.n711 ww.v.�enn idandnuso.org March 29, 2004 Honorable Bennett Orlowski„ Jr. 1i07�1 Townof Southold Planning Department 53095 Main Road PO Box 1179 ` Southold, NY 11911 Re: Ghasswmi. Set-off Southold Tawn SCTM#: 1000-31-1-1. F�a�nir;Board Dear Chairman Orlowski: Per discussions with Mark Terry, we arc requesting a six-month extension of the Planning Board's conditional sketch plan approval of the project. Thank you in advance for your extension. Tf you need any additional information,please do not hesitate to contact me at 283.3195 ext. 26. Sincerely, Marian P. Sumner Director of Conservation Programs cc: Mark Terry Sic = • �RUST2othq FP T S N SUR HER��P July 25, 2003 VIA HAND DELIVERY (f/ ,#7ra5fl Bennett Orlowski, Chairman Town of Southold Planning Board 53095 Main Road PO Box 1179 Southold,NY 11971 Re: Ghassemi Set-off SCTM#: 1000-31-1-1 Dear Mr. Orlowski: Per the Planning Board's final conditional approval, attached please find the following: - Executed Covenants and Restrictions which will be recorded on Monday, and - a check in the amount of$5,000 for the Park and Playground fee. For your information, I am submitting a revised map to the NYS DOT today per Mark Wolfgang's request. I will forward a copy of the permit once it is issued. If you have any questions,please do not hesitate to contact me at 283-3195 ext. 26. "28 Sincerely, Marian P. Sumner Director of Conservation Programs Enclosures cc: Mark Terry 296 Hampton Road / PO Box 1776 1 Southampton, NY 11969 1631-283-3195 Fax'.631-283-0235 / www.peconidandtrustorg • y Y 7t 1. l i ,ate; a D V E State of New YorkY�I 3 . 10 Department of Transportation •V` MN State Office Building 250 Veterans Memorial Highway Hauppauge.NY 11788-5518 SOuth0ld Towa Plannin Board Subimal Chakraborti,P.E. Joseph H. Boardman Regional Director Commissioner June 30, 2003 Ms. Marian P. Sumner, Director of Conservation Programs Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, New York 11969 Your June 20, 2003 Submission Ghassemi Set-off Survey Plan Dated Dec. 15, 2000, Last Revision 6/18/03 Route 25, East Marion SCTM 1000-31-01-01, 02 Our Case No. 03-121P Dear Ms. Sumner: This is in regard to the site plans for the referenced project which were submitted to us for review. My staff spoke to the site surveyor, John Metzger, on 6/25/03 and relayed the comments listed below for inclusion on re-submitted site plans. Prior to an approval of the site's access and issuance of a New York State Highway Work Permit, the following items must be addressed: 1. A note should be added to the plans requiring the contractor to clean existing drainage basins along and immediately adjacent to the Route 25 site frontage at the completion of construction. 2. A Maintenance and Protection of Traffic plan must be provided for work on Route 25.Please b �; retain the note "All lanes must be open to traffic before 9 AM and after 3 PM. No lane hI4N closings are permitted on weekends or holidays. Nighttime lane closings will not be permitted without prior approval from the State Permit Inspector." 3. A note shall be added to the plans stating which consecutive reference markers the site falls between or the reference markers shall be shown on the plan. S1,l, I.•lk-•-� Mw1/ 4. We are particularly interested in the site's internal drainage, since we do not permit runoff from property onto our State highways. Please provide a driveway profile or elevations to insure all drainage is contained on site. - aQF� iiljY . - a �� 5. The driveway radius must be offset from the property line a minimum of five(5)feet.Please adjust the driveway location accordingly. f^MA, w- t Pur Ms. Marian P. Sumner June 30,2003 Page 2 6. The plan must include tht(�e 'Repair existing shoulder, sidewalk and curbing as ordered by State Engineer." Site plan approval for highway work permit issuance is contingent upon our receipt of all of the following items within six (6)months of the date of this letter and no further revisions are made to the plans once we approve them. Kindly submit four sets of the revised plans,permit fee and surety bond(sample enclosed). It is also mandatory that protective liability insurance be provided by the permittee. This must be accomplished by submitting a completed Perm 17, Certificate of Insurance, in accordance with Option A (form enclosed), or by submitting the fee specified below to be covered under the NYSDOT Blanket Policy. Also enclosed is a Highway Work Permit Application to be completed and returned to us.The application,completed Perm 17 and the Surety Bond must be secured by the same party. All checks issued to the State of New York must show a Federal Identification Number. Permit Fee (Payable to "State of New York"): $15.00 Bond Amount: $2,500.00 Insurance Fee: $25.00 Questions concerning this matter should be directed to Mr. Mark Wolfgang at (631) 952-7973. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence. Thank you for your cooperation concerning this matter. Very trulQurs, Original Signed By SHAIK SAAD, P.E. Civil Engineer III Traffic Engineering and Safety Attachments Is. Valerie Scopaz, Town of Southold Mr. Peter Harris,Town of Southold SS:MW �, . • fir, ��� �� QACFL6�OR\ State of New York Department of Transportation State Office Building 250 Veterans Memorial Highway Hauppauge.NY 11788-5518 Subimal Chakraborti,P.E. Joseph H. Boardman Regional Director Commissioner June 17, 2003 Ms. Marian P. Sumner, Director of Conservation Programs D D Peconic Land Trust M Z 3 296 Hampton Road P.O. Box 1776 Two Southampton, New York 11969 =Board May 7, 2003 Submission Ghassemi Set-off Survey Plan Dated Dec. 15, 2000,Last Revision 9/24/01 Route 25, East Marion SCTM 1000-31-01-01, 02 Our Case No. 03-121P Dear Ms. Sumner: This is in regard to the site plans for the referenced project which were submitted to us for review. Prior to an approval of the site's access and issuance of a New York State Highway Work Permit, the following items must be addressed: 1. As we explained in our May 16, 2003 letter to you many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points,separate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore,that one access point to this site be obtained from Route 25, which will allow access to both parcels. 2. Site plans submitted for our review towards Highway Work Permit issuance must include all of the information noted on the attached checklist, with all work and material details referenced to NYSDOT specification item numbers. Please submit four sets of revised plans that address the issues noted above. Review of the subject material is being coordinated by Mr. Mark Wolfgang. He can be contacted at (631) 952-7973 if you have any questions regarding this matter. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence. Ms.Marian P. Sumner June 17,2003 Page 2 Very truly yours, Original Signed By SHAIK SAAD, P.E. Civil Engineer III Traffic Engineering and Safety Attachment ® Ms. Valerie Scopaz, Town of Southold �� Mr. Peter Harris,Town of Southold SSA W SITE PMK REOUIREMENTS CHECKLIST: Location and dimensions of existing highway pavement, curb, sidewalk, median, median openings, guide rail,utilities, signs (including size and text), pavement markings, bus stops, overhead and underground traffic signal equipment, right-of-way lines, controlled access lines and property lines. Existing and proposed buildings, appurtenances and drive-through windows. Cesign features, referencing the latest edition of the NYS Standard pecifications, to be incorporated in proposed work: Driveway pavement type and dimensions. Radii of driveway returns and other points of curvature. Driveway grades or profiles, indicating low point on private property. Angle of driveways relative to roadway center line. 5. Dimensions of roadside control islands and driveway medians. Dimensions of curb and sidewalk relative to pavement edge. 7. Details of internal traffic circulation, including proposed signs, pavement markings and traffic signal equipment. 8. North arrow and scale on each applicable sheet. �D. Size,type and grade of existing and proposed drainage features. Plastic pipe is not permitted within State right-of-way. . Distance from each existing and proposed driveway to each adjacent driveway and cross street, including adjacent property lines and streets and driveways opposite the site. F. Maintenance and protection of traffic plans. A Maintenance and Protection of Traffic plan must be provided for work on Route 25. The plan must include the note "All lanes must be open to traffic before 9 AM and after 3 PM. No lane closings are permitted on weekends or holidays. Nighttime lane closings will not be permitted without prior approval from the State Permit Inspector." G. Traffic signal plans must be shown on a separate sheet including pavement markings, turn lanes,driveways, sidewalks and pedestrian ramps, crosswalks, buildings, poles, power supply, pullboxes, conduit, controller, head layout including face numbering, detection, right-of-way lines and signing. All work must be referenced to the latest edition of the NYS Standard Specifications. The plans must show existing features, such as drainage and utilities, which may conflict with the proposed signal. Tables of Operations, Clearances, Switchpacks, Input Wiring and Loop Wiring must be included along with a Phasing Diagram and Estimate of Quantities. H. Aerial photograph of the site and environs. I. Beginning and ending reference markers. PLANNING BOARD MEMBERS VDCQ BENNETT ORLOWSKI,JR. P.O. Box 1179 �O Chairman = G'y� Town Hall, 53095 State Route 25 p Southold, New York 11971-0959 RICHARD CAGGIANO W Telephone (631) 765-1938 WILLIAM J.CREMERS O Fax (631) 765-3136 KENNETH L.MARTIN H.SIDORRDS y�ol dap! PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 10, 2003 Ms. Marian Sumner Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Cluster Set-Off for Sy and Catherine Ghassemi Located on the north side of Main Road in East Marion SCTM#1000-31-1-1 Zoning District: R-80 Dear Ms Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on June 9, 2003: The final public hearing was closed. WHEREAS, this proposed cluster set-off is a set-off of a 1.087 acre improved parcel (Lot 1), with an existing residential dwelling, from a 32.8503 acre parcel (Lot 2); and WHEREAS, upon any future subdivision of the parcel, only 30.703 acres may be used to calculate the actual yield; and WHEREAS, Lot 1 is subject to a 25' right-of-way over Lot 1 to provide ingress and egress to Lot 2; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this unlisted action. The Planning Board established itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration on January 15, 2002; and WHEREAS, the Suffolk County Department of Health issued approval for the action on April 11, 2003; therefore be it ' • • Ghassemi – Page Two – 6/9/03 RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated December 15, 2002 and last revised March 31, 2003, subject to the following conditions. These conditions must be met within six (6) months of the resolution: 1. Please edit the Covenant and Restrictions as specified below: a. Insert "25 foot" preceding right-of-way item 3, line 1. b. Omit the second paragraph on Page 2. c. Replace the word "finding" with "binding" paragraph 3, line 3. d. Remove the 25 foot right-of-way shown on Lot 2. 2. Upon completion of the above changes to the Covenant and Restrictions, please file the document with the Suffolk County Clerk's Office and record the Liber and Page Number upon the final plat prior to submission for final approval. 3. Please submit 3 mylar and 8 paper plats with Suffolk County Department of Health approved stamp. 4. Please submit $5,000.00 to satisfy the Park & Playground Fee pursuant to Section A106-38(e) of the Town Code. If you have any questions, please do not hesitate to call my office at 631-765-1938. Very truly yours, be,v4l — , t. Bennett Orlowski, Jr. Chairman encl. cc: Land Preservation Coordinator FROM : SOWTHOLD TOWN PLANNING BCS FAX NO. : 631 765 3136 �ay. 22 2003 08:15AM P3 AFFIDAVIT OF POSTING This is to serve nrtiAottice that I personally posted the property known as 7 ohliC Ziac-) 4- m SSPyin 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 ruine Q .2GYS'5 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 M Afz A 11-J IV R2 - Your Name (print) 4w Signature Address �• V1P � 2D0`� Date Notary Public D V � Publila� ...fN11111111111111111 D tYOW42591 :xnw r,8=0112Wto neeo�a PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY, 12:00 noon, Fri., 6/6/03 AAAfA**A***W'M****I*-- NAA###*******#��*'�'#AA#*##*AAA*********rt**Y**� Re: Proposed Set-off of SY&Catherine Ghassemi SCTM#: 1000.31-1-1 Date of Hearing: Mond av June 9, 2003, 6:00 p.m. 1000 03000 0200 124000 Tax�J zto ENTER TAX MAP'NUMBE." ONE FAMILY YEAR-ROUND RESIDENCE x 1000030000200124000 Land Value $1,400.00 iai4tl�djauF°T IN Full Value $5,100.00 u Total Tax $2,331.65 1 Property Descrip. 1 Owner's Address Physical Address 1 Frontage 80 777-77777 223 THE LONG WAY Depth VAR PO BOX I2 , Acre calx 0 EAST MARION NY 11939 Acre Deed 0 Last Name First Name ZALANTIS HELEN s ZALANTIS PETER Suffolk County Real Property Tax Service Agency and the Office of the County Treasurer do not in any manner guarantee the completeness or the accuracy of the information contained on this CD-ROM. If you have any questions regarding the CD-ROM,please call Real Property at(631)852-1550. p � TRUSTp� a0 ti A HFR4TP"` ���ryo 'r- .�3 OSOCi OOpS 4836 3897 eE x 1000 03000 0200 095000 F ==F- ENTER TAX a I"to 1FENTERTAX MAP.NUMt3E'''. RESIDENTIAL VACANT LAND ,s I00200095000 10000300Land Value $1,200.00 Full Value $1,200.00 'x Total Tax $685.14 Property Descrip, 1 Owner's Address Physical Address Frontage 83 427 THE LONG WAY Depth VAR 444 EAST 82ND ST APT 9N i Acre talc. 0 NEW YORK NY 10022 Acre Deed 0 Last Name First Name HAYNES j'CARLA I HAYNES : MARK r Suffolk County Real Property Tax Service Agency and the Office of the County Treasurer do not in any manner guarantee the completeness or the accuracy of the information contained on this CD-ROM. If you have any questions regarding the CD-ROM,please call Real Property at(631)852-1550. �Y� N Y F K S CJ5,10 SOUS 4836 3613 JR Hf_RI lETUM TO ,l T7 tENWR J,1 A*wvWt+o( Knaft Mark and Carla Haynes 1 ) � Y J Mdveor UAoroxnr 444 L'• �q t, BOX rAWFA_40 000 au 82nd Steel, 9N i c Such Nan bs( - R-KMA New York, NY 10022 Asad fo ld O cor Lxpted p 1000 03000 0200 097000 [7, La= 210 ENTER TAX MAP.NUMBE'.' ONE FAMILY YEAR-ROUND RESIDENCE 1000030000200097000 Land Value $1,400.00 FUII Value $6,300.00 Total Tax $3,425.71 Property Descri p. Owner's Address Physical Address Frontage ...,.,.83.. 412 THE LONG WAY Depth VAR PO BOX 353 Acre talc. 0 ......................... ...._._.... EAST MARION NY 11939 Acre Deed 0 ------------------ Last Name First Name VLAHOS tSTACY JA Suffolk County Real Property Tax Service Agency and the Office of the County Treasurer do not in any manner guarantee the completeness or the accuracy of the information contained on this CD-ROM. If you have any questions regarding the CD-ROM,please call Real Property at(631)852-1550. �oTµusr2av� ���`� ._.. Ao // o 7nc3 C57c nCOs 4836 3620 ('QR Hf R11 Rv�\a� • t' --.y Y �Nireo Posrgt E�icF.. r'il�.��li �r'IW��II�WIW X39 ' ■ Complete items 1,2,and 3.Als ■ Complete items 1, 2,and 3.Also complete ■ Complete items 1,2, and 3.Also complet item 4 if Restricted Delivery is desire A. 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Article Addressed to: rY address different from item 1? 0 Yes J� �KIf YES,enter delivery address below: ��`� �'PbNO� ic.1 lulp 6 X60 Ilw�� �� 6 FSCertified Mail Cl Express Mail ■ El Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 2. Article Number 4. Restricted Delivery?(Extra Feel - 2. Article Number ❑ Yes 2. Article Number (T2nsfer from service lobe/ y (Transfer from service lobe 7003 O$0C (Transfer from service label) ) 7 0 0 3 0500 000$ 4836 3 7 CI$ 'Ivery PS Form 3811,August 2001 J PS Form 3811,August 2001 Domestic Ret PS Form 3811,August 2001 Domestic Return Receipt . 102595-02-M-1035 o SAA 9 E^)q4JC4 koQR r5 ,i 103 } '� �u��� 0.11J1� 119 1v,I /` - 4� �I �7 /� 3. Service Type • l V� J J Iertifled Mail ❑ Express Mail _l ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Feel 2. Article Number 2. Article Number 2. Article Number El Yes (Transfer from service label _ 7003 0_C (Transfer from service/abet ?0 (Transfer from service labe 7 0 0 3 0500 0005 4836 3774 PS Form 3811,August 2001 Domestic Retl PS Form 3811,August 2001 Don PS Form 3811,August 2001 Domestic Return Receipt 102595 02 M-1 ■ Attach this card et the r vt' yorileu. reverse - ■ Attach this card to the back of the mailpier ,e so that we can returr, the Bard to you. .,<<a�,� ������ �., „a,,��, rtecemee by/rrmreo Name f or on the front it space permits. or on the front if space permits. ' / c. eat o1 u every back of the mailpiece. P Or on the front if space permits. 1. Article Addressed to: 1. Article Addressed to D. Is delivery address different from item 1? ye 1. Article Addressed to: f If YES,enter delivery address below: ❑ No D Sox - Mr\fu 3 rvice Type —Y i �^ ( 0� �� 1(q , ~rat°i, ' �(� , '. 1 4! A ` ` r Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise — 0 Insured Mail ❑ C.O.D. ' 4. 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Attach this cartl to the back of the B J r on the front if ace permits. or on the front if space permits. or on the front if mail iec , R eived 0 Addressee o P P space permits. P e' by(Printed ame) C. at..of De 1. Article Addressed to: 1. Article Addressed to: 1. Article Addressed to: - .. _ very 1C (A�� D. Is delivery address different from item 1? Z If YES,enter delivery Yes A(V9 c ry address below ❑No 'Wo � (EJ® AjC- Itx C cX� r N�l d1 "r tl - M I V I U RA 3 S (rrllervice Type _ _ t C)u C ifiedMail ❑ Express Mail _ C7 Registered a ❑ Return Receipt for Merchar�we ❑Insured if ❑ C O.D. I 2, Article Number 7003 r1�[Q I 2. Article Number 2 Article Number _.., _ y 4, Restricted�elivsry?(Extra Fee (Transfer from service latlel) - e - (Transfer from service label) 7 Rrd^sfer from serv_i 1- ) pa/abe9 _.7p�3 0 5 ❑Yes PS Form 3811,August 2001 Do stic Retur' PS Form 3811,August 2001 D PS Form 3811 o a [tlul Y ��836 4 ` D `ne t n Receipt3828 H UVN�� I r1EF(-(�tSS 1(UOI ., . . ..W I 1.�I� a• �' Clef 1l.1�.1 Ret 102595-02-M-1035 - \ I 3. Service Type I �rufied Mail ❑ Express Mail Cl Registered ❑ Return Receipt for Merchandise El insured Mail ❑ C.O.D. 2. Article Number 2Article Number 4. Restricted Delivery (Extra Fee)? . ❑ Yes 2. Ad (Transfer from service late( 70C (Transfer fromservice 7003 0500 0005 4836 3927 (7r` PS Form 3811,August 2001 � E PS Fc I S Form 3811,August 2001 Domestic geturn Receipt it � V ttGUll 102595-02-M-154 res�see nIIIR Galu lV ulc ual.n vl u,c InaIIN,c Vc, ' ,� u,-• ••�--r. ��._... _. or on the front if space permits. 1. Article Addressed to ■ Attach this card to the back of the mailpiece, - --- 'ry or on the front if space permits. J Gr 4 j 1. Article Addressed to: _ D. Is delivery address different from item 1? ❑ Ves 11 rr/�!�y{� � t. Article Addressed to: I Kiq f lily U�C�J Q-� Sb I�� If VES,enter delivery address below ❑ No y33 f [ **T S) sr 31 0 3. Service Type J�j�,','ediified Mall ElExpress Mail ll ❑ gegistered ❑ Return Receipt for Merchandise 2. Article Number 0 Insured Mail 13C.O.D. (Transfer from service labell) 7 0 0 3 0_ 4. Restricted Delivery?(Extra Fee) El yes L2Aracle Number 7 0 3 O S — z. Art nsfer from service label) PS Form 3811.August 2001 Domestic (Trt PS Form 3811,August 2001 Domestic F_._. PS Fc 102595-02 M-1035 SENDER: COMPLETE THIS SECTION SENDER: COMPLETE THIS SECTION —, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2,and 3. Also complete • Complete items 1,2, and 3.Also complete • Complete items 1,2,and 3.Also complete A. Siggat item 4 if Restricted Deliveryis desired, item 4 if Restricted Delivery is desired. /(.J`1 ❑Agent item 4 if r name an Delivery is desired. ■ Print your name and address on the reverse X '~"�'�� ❑Addressee ■ Print your name and address on the reverse ■ Print your name and address on the reverse so that we can return the card to you. so that We Can return the Card to you. so that we can return the card to you. B. Received by(Pared Name) C. D of Delivery ■ Attach this card to the back of the mailpiece, • Attach this card to the back of the mailpiece, N Attach this card to the back of the mailpiece, y - or on the front if space permits. or on the front if space permits. or on the front if space permits. - D. Is delivery address different from item 1?� ❑ es 1. Article Addressed to'. 1.ppArrticle Addressed to: (� 1. Article Addressed to'. If YES.enter delivery address below'. ❑ No I��1 QTR �tih� via(,, til,k SCfl'c 'j WI IC�{Al N simbi:� LAQK �J (21SCOE r)S S HA C--j--IF i� )K L 51 t1-Gt� 1 A Uo N t 1� C1 �l c�!� ( G� 3 Se`'Ice Type W _ KC ;ertlfied Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ' ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number2. Article Number 2. Article Number (Transfer from service label) 7003 0 (Transfer from service label) 7003 0 (Transfer from service label 7003 0500 0005 4836 3644 PS Form 3811,August 2001 Domestic S Form 3811,August 2001Domestic PS Form 3811,August 2001 Domestic Return Receipt 102595 02-M 1035 - 1 Article Aaa�c�=--- �. Article Addressed to: D. Is delivery add,,,different from item - ❑Yes 13�j1. Article Addressed to: If YES,enter delivery address below: No 1��UCf I[•; VI 6u f. ,u�rzp nrw - � ��-�tc� W—MER- ( I b� 3.G l IIJ�� I���.' 3 \ Service Type cvV( (� R�Eertified Mail I - SENDER: COMPLETE THIS SECTION SENDER: COMPLETE THIS SECTION ' • Signature 0 Age ■ Complete items 1, 2,and 3.Also complete • Complete items 1, 2,and 3.Also complete A' 2,and 3.Also complete 2. item 4 if Restricted Delive item 4 if Restricted Delivery is desired. ■ Complete Items 1, dtlressee ry is desired. rY X -� ■ Print your name ani; address on the reverse Print your name and address on the reverse item 4 if Restricted Delivery is desired. d ed am ) C. ate f Dgivery PS so that we can return thr yard to you. so that we can return the card to you. S ■ Print your name and address on the reverse � , ■ Attach this card to the back of the mailpiece, • Attach this card to the back of the mailpiece, so that we can return the card t h you. B Received by Is delivery address different from item 1? 0 Y s or on the front if space permits. or on the front if space permits. ■ Attach this card to the back of the mailpiece, _ D. or on the front if space permits. If YES.enter delivery address below: 1. Article Addressed to: 1. Article Addressed to: 1 Article Addressed to: � II1 ��� lT� q� p Ac�kslA(SI�S . SohA R ��os u�irJaaa VJ lO v-wn [rte AV � � -110 f(I,ILI ✓ 3. Se ice Type 1b� A , t 1V d0 f 3' 1/� - \I I 1 fi l9 Certified Mail ❑ Express Mail t fC��` \" S IV l-1 I ❑ Registered ❑ Return Receipt for Merchandise F 'l1^ ❑ Insured Mail ❑C.O.D. '+ Exfre Fee) El Yes 4 R 4. Restricted Delivery. 2. Article Number 2. Amok 0500 0005 4836 3149 (Transfer from service label 7003 0 (Trans 2. Article Number 7003 _ __ _ - - -- -" _ 102595-02-M-1035 °S Form 3$11,August 200 -pomesti PS Forn PS Frorm 3f$115 August 2001 Domestic Return Receipt aCERTIFIED MAIL. RECEIPT .Ej (Domestic MAY Only;No Insurance Coverage Provided) D U.S. Postal ServiceW ISZl+7"ARfTRT1'*1 mCERTIFIED RECEIPT m E3 m e .• m 7 Postage S � - C3 Certified Fee a 3a M p Pgermark co -- p Rehm Reciept Fee '` / R'ei2 r Postage $ 3 (Endorsement Required) J LDO Restricted Delivery Fee M Certified Fee `�!� p (Endorsement Required) p Postmark Ln p Return Reriept Fee /• .Hare p Total Postage&Fees �v (Endorsement Required) J --- m ` E3 Restricted Delivery Fee p Sent To - 4 E3 (Endorsement Requimd) _ C3 ��J (Ire ��� u1 f ---- Apt-.-N- .... IM � Stmet o., q Total Po tag BFees L$—Y, or PO Box N°. a. (�0 (Q � - m VV - - QN.State,ZlP«a Sent To M1 PS Form 3800,June 2002 See Reverse for Instructions Sfreef Apt No or PO Box No p Sent To �, `� p -J --------- Street, CrxraN�s -....- --- -------- ----- City,State.dP.� ______-_... f` APL No.: -a\ �O {• ���T..�.1_ S( �0 r tate ZIP+4 OP l --t-`l ______L__Y..u.__-'_J__ __ --___..-__ or PO Box Na CiN.S "(I � t W-O p Sent To I^6 f(_ _ f Sfine[ApL No_ 4 (� See I U ^ J7yr ;��^ m •� � u-"--- ----------- ...... r Sent To CITY,Stele.ZIP�C p .i• i• - - ortPO Botx a. 1 a---------------------------------------- See drENuE � 6 -p ------ Seat To r _ \ ( � p - I Q State, IP+4 O W ____ ...._.. . .......... ......... ----------------- C3 h "a"n Apf.No.; &Y,K l b orPO Box No `-y9 — --- --------- ----------------------------------- --------------------------------- m city Stale.ZIP+4 ( �� , r ��� p Bent To • �__ _ _� '✓G . ..... ........ _... C3 �4 1� n• .: -: n t` S`ireei,B cNo.: �,9�J��[t✓r`" p No ent To -- -+;l.h^ ------ D C CIry,Stale,ZIP+4__/_�.,._.q (� p - ------------------------/--(--'-l-_-CI --U--/-------=---�--.__ �1 `� C F_ $(reel,Apt Not \\ "..�.. • or PO Box No \ �O ,� �d'y PrI red Name) C. Date N Cih.State 21P'4 r --- < """"""" �i1., .� i t 'IG/r�y Sent Ta , /1 n •r i• 11-Y1�4 I stlifterentfrom item 1n p C ' C'�rrZ.Q ¢ vU",; PS For. #Y (. �A(•Q`S`� Nom_ 1 !002 Reverse far Imstructions N Street. 1e very address below ❑ or PO Box No S'• � ( -I �� �(�-Q�� �� L• ' „ l , "1 City,State,ZIPa4 CL �.• N /___�.� PS Form 3800,June 2002 See Reverse for Instructions MSenfTo � -------- 3, �ryv W<U Off. • s 3. Service Type - ---------__ ___-_________-__.__.h..-____.__�___-------------- YP M1 5`treat, pt.NO.; ✓F (.ti r,n / 1 �t,\h I ''y3 �.� -[]_Certified Mail 11 Express Mail oTOBox No. ❑ Registered ❑ Return Receipt for tv City,State,ZIP+d """-- ---""-'-----"-' �,D ❑ Insured Mail ❑ C.O.D. IVV°�� c. � O I I-6 J PS Form 3800,June 2002 See Reverse for Instructions 4, Restricted Delivery?(Extra Fee) ❑ m p enf io z. (Transfer nsferfromle 7003 0500 0005 4836 3804 p ------------- - � -- - - -- ---- rans er from service label) t` orPO apt. o.; \ ^ °rPOBoxNo. U PS Form 3811,August 2001 Domestic Return Receipt toe; Ciry,State,ZIP+4 ii ,June 2002 See Reverse for Instructions PND A1n� 60A i A 1 p Sent To _ OM --1--------- ��, ciyOBox No 1 3. Servic Type City.Stare,ZIP+4 ��---------------------1" - �CertiSied Mail 0 Express Mail 0 v/ t N l Jli( 1 W I ❑ Re�f'tered ❑ Return Receipt for N i tSee Reverse for Instructions ❑ Insured Mail ❑ C.O.D. m ,(� ,,) �} r E:1 Sent To ci � I 17� __lteLcnu 1'I�nTU 4. Restricted DelNery?(Extra Fee) ❑ p �, V'_ S Street,Apf.No.; - --'- z. Article Number 7003 0500 0005 4836 3750 °_'P°e°xN°. (Transfer from service label) ._-_---�-------_""` ' Ciry,Sldfe.ZIP.4 �/�-{�j -____.__--__... ............G-__Z__-..__._. PS Form 3H11,August 2001 Domestic Return Receipt Ip2. 1 I I i I I I _11 ' Domestic Postal Servicew m n DuProvm r` (Domestic — Postage $ M - 0 Confined Fee a 30-0 1 J Fri Ej Postmark -- Return ReciePt Fee ' RIIS co Postage $ u d (Endorsement Required) M Restricted Delivery Fee Ln Caddied Fee f- D p (Endorsement Required) ED Postmark Ln E3 Return ReciePt Fee 'r J Nero p Total Postage 8 Fees p (Endorsement Required) -- m p Restricted Delivery Fee p Sent To .{ /t Cl (Entlorsement Required) p r�S`'('!t n,vh �_ �}P(�/}.-/1 ___.____.-_.-__.____-.._._.._-______...__.--- pm -L — f� Street Apt.No.; Total PostageR Fees y or PO Box NaIi --- ----I -- RIZi VI-f �U(1p /������_ Ciry,State,ZIP+4 p Sent IC1t7.1,4:./i r`�c v'T""l c�����f� N -��, 14tlic .II, bq 1I6DU a:POB` ° � Ao(PS l-(AUC AIK"M� --� m ° .__.. .. ..._ .-- p Sent To { -- i V' - ---- ---.- ._..------- PS Form 3800,June •r -for Instructions orPOBox NO. `p� III S �bV I�✓j/ru(I City.Stete�ZIP+4 �CT( L�A1��>� i ent To p(�,� f� Streei.Ap[NoL' _. .._ \\__ _.-_... - ...1 or PO Box No. � l(a� � d�r -- m _ _ -._ ti .. .-_ _____ - p Sent To Ciry.Stain Z/Pa4 o/P08oLNo�•/l fl� /� . 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N Sweet,Apt No; •T ------------------ or PO Box No L _ • - City.State ZIP+4 nor''� - r n, 1 -,;\ - - -- --- --- p Sent To /' - I(IIYV O' 'V oV W� p IV_u_UO,96 n(,rn Mn-- l�oN,orira u/�Lsis r- Street, PL Na,No Jg--- - ' PS For. :ii 'i - - - - or POBaxNo ... -.._ ..__. p Sent To ..!' n C ry. tare.ZlP 4 Ip �(/`J1 ) �ii•64 kdP�1 S)S fl . .- i N SbeeP APf Na. �� .M ST Q� m 1jylr - 3#.7:T-.OfdRi�RifRii7Rdtrre or PO Box No. .. __. ___.. .. i Glry: St '671i tG 13� p Sent To7 - [ J y\ J ' p iCIIFanrJ _ -------------- - -----------NLIrJr, � PS Form 3800, _ - -- • - r` $creep Ap�N-o ((,At ------------------ or PO Box No. b'I .� ✓s-�� I1 !1lw, p Sent To ,/ yn� . - -- 4d� 1 -.- --- --. _ I n n w� SY i iO n) _ 1 or POBox No �J'(-V W •' Y�7d�C:SFi-7C77fF9ilrfiinnF Ciry,State ZIP.J � - / ....- .- p enf To r - { ( 31 p 1; - r,:J / .�� �� Reverse N Sneef,Apf No �l�- t _._ .. ._._� p PS Form -- Instructions or POBoxNo T R i; �.�(� S p t-U.i✓ " �lEYAr I3 - OPk SU ay.'srara.ziP 4 ---- ---. _ _. Q r` 6beet,APL No.: � � U l � or PO Box No. June 2002 �n I.1 i Ci(E Stein.ZrP+4 I m Reverse for Instructions p Sent To i - - - -- p iy,tA�'1 IMD if S- a.'V Sit,SI p en o I` Sfreet,Apt No r7 ..-_----'- { � __. arPo Box Na , d -� l 1 y� M1 --- - - __. .__- __ -_ .. - Street,ApL No.: /� �� Ciry,State.zlP+4 or PO Box No �� ( �---- - � { --� S7 �Ci � _ _._ 3 �i ," �� i t CifY.SiSfe.ZIP,+i f l W 71id 1 I mMM PS Form 3800,June r• — p enc To )y C3 p enr To L �),(�p.J? FUS !J_ _ �L r.._-R - i _ - - �-- I� Street ApL No (� ... _ .-__ a PO Box N- �, I- )lZ"(rl_.-.---- - N Streei Apt No - V '--1 1 I or PO Box No. + n - '�., - - .,✓" ----- Ciry,State.ZlP 4i - ---- GiiR6fare.ZrP+4 � ft3PS Form 3800,June 2002 See Reverse for Instruction- _ I/� hf N � Ilt� �• PS Form 3800,Jun M a 2002 See Reverse for Instructions p enl To p Sent To p CAIS � tJ pII4 20( ,S I` Streei.Apf Nn, _ �" .__/ --.-__ orPOBoxNo. �pT'" -� - --- - orPOBoxNo ----------- ------ City. RbI� City.State.ZIP+4 - -- - / -- -- -- Ciry,State,ZIP+' "'-' C'L �� N t13�� ,41-46 , Nh il`353 _ ... i �F/ai1/lila►lIl/:1141!� �aTnusr20n, MF 111 7003 0500 0005 4836 3156 , ,, �ry _' • a POSTA AlcOUR HER1jPG�9m n 't Afredo and Josephine Patane 2$04 Woods Avenue Oceanside. NY 1157?, ZRUST2pr6Pillq 7003 0500 0005 4836 3781 ;, r<:+ac;. " { ti NC OUR HERITP'G� George and Helen Misthos � 147-72 Sixth Avenue Whltest0 ; 'OA ❑ INSUFFICIENT ADDRESS ❑ ATTEMPTED NOT KNOWN 11 OTHER NO SUCH NUMBER/STREET S � NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD �aii�:I:f a•7�99�h7 tl:� so that we can return the card to you. geceived by(Printed fame) C. Date f Delivery --� ■ Attach this card to the back of the mailpiece, �) yp Z or on the front it sp ce permits. R' <.S,gG. 5 �n !o _J D. Is delivery address different from item 1? ❑ yes 1. Article Addressetl to: It VES,enter delivery address below: ❑ No �\ �-� � IG 3, Service Type V�Ae- r LI ` ` -f.Gertified Mail EI Express Mail l ) ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ yes z. Article Number 7003 0500 0005 4836 3736 (Transfer from service._,—_ PS Form 3811,August 2001 Domestic Return Receipt 102595 02-M-1035 PLANNING BOARD MEMBERS FF04 BENNETT ORLOWSKI,JR. Q�� CSG P.O. Box 1179 Chairman = 'f� Town Hall, 53095 State Route 25 o Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J. CREMERSFax (631) 765-3136 KENNETH L. E MARTINH. SIIIDORDS 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, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 9th day of June, 2003 on the question of the following: 6:00 p.m. Public Hearing for the proposed set-off for Sy & Catherine Qbmseerni. The property is located on the north side of Main Road, 831.67' west of the intersection of Main Road and Rocky Point Road, in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-31-1-1 6:05 p.m. Public Hearing for the proposed minor subdivision of Diane Alec Smith. The property is located on the north side of SR 25, 2426.68' west of its intersection with Elijah's Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-109-1-7 6:10 p.m. Public Hearing for the proposed set-off for Dayton Farms. The property is located 372+ ft. northeast of Main Bayview Road, southeast of Jacob's Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-88-1-10 Dated: 5/19/03 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, MAY 29, 2003 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPY SENT TO: The Traveler/Watchman r P.O. Box 1179 53095 Route 25 Southold, NY 11971 Southold Phone: (631) 765-1938 Planning Board Fax: (631) 765-3136 E-Mail: planning@southold.org To: Traveler/Watchman From: Valerie Scopazycaroi Fax: 765-1756 Pages: 2 Phone: 765-3425 Date: Niiiiiiiiiii Re: Legal Ads for 5/29/03 Edition CC: J Urgent For Review Please Comment Please Reply As Requested Please print the following legal ads in the 5/29/03 edition. Thanks. 6/9/03 Regular Meeting: 6:00 p.m. Ghassemi Set-Off 6:05 p.m. Smith Minor Subdivision 6:10 p.m. Dayton Farms Set-Off Kindly acknowledge receipt by signing below. Received b Date: C � � 0 j PLANNING BOARD MEMBERS• �g�FFO(,�c • BENNETT ORLOWSKI,JR. QQ�' OG P.O. Box 1179 Chairman = 'y� Town Hall, 53095 State Route 25 o Southold, New York 11971-0959 RICHARD CAGGIANOW Telephone (631) 765-1938 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L.MARTIN H. DORFax �OQ� 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, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 9th day of June, 2003 on the question of the following: 6:00 p.m. Public Hearing for the proposed set-off for Sy & Catherine Ghassemi. The property is located on the north side of Main Road, 831.67' west of the intersection of Main Road and Rocky Point Road, in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-31-1-1 6:05 p.m. Public Hearing for the proposed minor subdivision of Diane Alec Smith. The property is located on the north side of SR 25, 2426.68' west of its intersection with Elijah's Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-109-1-7 6:10 p.m. Public Hearing for the proposed set-off for Dayton Farms. The property is located 372+ ft. northeast of Main Bayview Road, southeast of Jacob's Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-88-1-10 Dated: 5/19/03 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman 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 19th day of May, 2003 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 6/9/03 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Set-Off of Sy & Catherine Ghassemi SCTM#1000-31-1-1 6:05 p.m. Public Hearing for the proposed Minor Subdivision of Diane Alec Smith SCTM#1000-109-1-7 6:10 p.m. Public Hearing for the proposed Set-Off for Dayton Farms SCTM#1000-88-1-10 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this 1 ci day of r 6�c� , 2003. Notary Public BARBARA ANN RUDDER Notary public,State of New York No.4855805 Qualified in Suffolk County Commission Expires April 14,�1 C� F � 3 ti E E Stale of New York ��� �f L Department of Transportation State Office Building 250 Veterans Memorial Highway $oUthow Sowe Hauppauge.NY 11788-5518 plennin Boerd Subimal Chakraborti,P.B. Joseph H. Boardman Regional Director Commissioner May 16, 2003 Ms. Marian P. Sumner,Director of Conservation Programs Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, New York 11969 Your May 7, 2003 Submission Ghassemi Set-off Survey Plan Dated Dec. 15, 2000, Last Revision 9/24/01 Route 25, East Marion SCTM 1000-31-01-01, 02 Our Case No. 03-121P Dear Ms. Sumner: This is to acknowledge receipt of your submission on the above permit application. We have initiated our review process for this matter,however,your should be aware of the following for this and all future submissions. Site plans submitted for our review towards Highway Work Permit issuance must include all of the information noted on the attached checklist, with all work and material details referenced to NYSDOT specification item numbers. Attached are two(2)of our publications which should assist you in having plans prepared that meet our submission requirements. Preliminary review indicates there are two(2)access points to Route 25.In recent years,many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, separate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore, that one access point to this site be obtained from Route 25, which will allow access to both parcels. This permit application should be sensitive to the unique visual and historic setting of the Long Island North Shore Heritage Area,which runs from the Queens/Nassau County Line to Orient Point and from Route 25 or I495, whichever is farther south, north to Long Island Sound. In all future correspondence, please refer to the subject case number. The plans must also include the County tax map number. Ms.Marian P. Sumner May l6,2003 Page 2 Review of the subject material is being coordinated by Mr. Mark Wolfgang. He can be contacted at (631)952-7973 if you have any questions regarding this matter. Please send all correspondence to his attention. Thank you for your cooperation concerning this matter. Very truly yours, Original Signed By SHAIK SAAD, P.E. Civil Engineer III Traffic Engineering and Safety Attachments s. Valerie Scopaz, Town of Southold Mr. Peter Harris, Town of Southold SS:MW t SITE AN REQUIREMENTS CHECKLIST: A. Location and dimensions of existing highway pavement, curb, sidewalk, median, median openings, guide rail,utilities, signs (including size and text), pavement markings, bus stops, overhead and underground traffic signal equipment, right-of-way lines,controlled access lines and property lines. VB. Existing and proposed buildings, appurtenances and drive-through windows. 40—r00—F . �esign features, referencing the latest edition of the NYS Standard pecifications, to be incorporated in proposed work: 1. Driveway pavement type and dimensions. 4OP2. Radii of driveway returns and other points of curvature. Driveway grades or profiles, indicating low point on private property. Angle of driveways relative to roadway center line. Dimensions of roadside control islands and driveway medians. Dimensions of curb and sidewalk relative to pavement edge. 7. Details of internal traffic circulation, including proposed signs, pavement markings and traffic signal equipment. 8. North arrow and scale on each applicable sheet. Size, type and grade of existing and proposed drainage features. Plastic pipe is not permitted within State right-of-way. �/E. Distance from each existing and proposed driveway to each adjacent driveway and cross street, including adjacent property lines and streets and driveways opposite the site. _J/ Maintenance and protection of traffic plans. A Maintenance and Protection of Traffic plan must be provided for work on Route 25. The plan must include the note "All lanes must be open to traffic before 9 AM and after 3 PM. No lane closings are permitted on weekends or holidays. Nighttime lane closings will not be permitted without prior approval from the State Permit Inspector." G. Traffic signal plans must be shown on a separate sheet including pavement markings,turn lanes,driveways,sidewalks and pedestrian ramps, crosswalks, buildings, poles, power supply, pullboxes, conduit, controller, head layout including face numbering, detection, right-of-way lines and signing. All work must be referenced to the latest edition of the NYS Standard Specifications. The plans must show existing features, such as drainage and utilities, which may conflict with the proposed signal. Tables of Operations, Clearances, Switchpacks, Input Wiring and Loop Wiring must be included along with a Phasing Diagram and Estimate of Quantities. �H. Aerial photograph of the site and environs. ./ I. Beginning and ending reference markers. PLANNINGBOARD MEMBERS NN TTOO��gpFFO(,�co • p o. Box 1179 Chairman =� G'f� Town Hall, 53095 State Route 25 O Southold, New York 11971-0959 RICHARD CAGGIANO W Telephone (631) 765-1938 WILLIAM J.CREMERSFax(631) 765-3136 KENNETH L.MARTIN H. SIDORDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 13, 2003 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Cluster Set-Off for Sy and Catherine Ghassemi Located on the north side of Main Road in East Marion SCTM#1000-31-1-1 Zoning District: R-80 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, May 12, 2003: RESOLVED that the Southold Town Planning Board set Monday, June 9, 2003, at 6:00 p.m. for a final public hearing on the maps, dated as revised March 31, 2003. 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 Hall. 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 Friday. June 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, Bennett Orlowski, Jr. Chairman encl. 0 0 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 a set-off; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-31-1-1; 3. That the property which is the subject of this application is located in the R-80 Zoning District; 4. That the application is for a cluster set-off of a 1.087 acre lot from a 32.8503 acre parcel. The property is located on the north side of Main Road, 831.67' west of the intersection of Main Road and Rocky Point Road in East Marion; 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 3 p.m. 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, June 9, 2003 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/Owner's Name(s): Sy & Catherine Ghassemi Date: 5/14/03 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., 6/6/03 Re: Proposed Set-Off of Sy & Catherine Ghassemi SCTM#: 1000-31-1-1 Date of Hearing: Monday. June 9. 2003. 6:00 p.m. NOTICE OF PUBLIC FEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25.1995: Amendments noted where applicable.] § 584. 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 by law. 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) dW immediately preceding the date of the public heating. The applicant or his/her agent shall file an affidavit that s/he has compiled with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street. 6801 t-�-� SY & CATHERINE GHASSEIVII SET-OFF FOR GHASSEIVII 1000 -31 - 1 - 1 Proposal to set off a 1 . 087 acre lot from a 32 .8503 acre parcel . • MONDAY - JUNE 99 2003 - 6 : 00 P . M . I?, ST20rh T g C OUR HEPO_CF.� April 21, 2003 Honorable Bennett Orlowski, Jr. Town of Southold Planning Department 53095 Main Road PO Box 1179 Southold,NY 11971 Re: Ghassemi Set-off SCTM#: 1000-31-1-1 Dear Chairman Orlowski: Enclosed please find a Set-off map approved by the Suffolk County Department of Health Services. We hope that the final public hearing date can be scheduled for your next hearing date, May 12th. Thank you for your cooperation in this matter. If you need any additional information, please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, 27 Marian P. Sumner Director of Conservation Programs cc: Mark Terry k;T D Southold Town Plaw Board 296 Hampton Road / PO Box 1776 ! Southampton,NY 11969 1 631-283-3195 Fax 631-283-0235 / www.peconiclandtrtist.org @3%2''=LIJ c.4;:_; 6:C�I'.204t7 i PECUNIC LAND TRUISi PAGE 0' �'✓ r Pcconlc Lmd Truro,InC. an rdpx 1776,'_9(Hampnn);ped � SCUtnenniion,N'e 11969 Ph ,c6314A3-319$ Fax:63:-204-071':. I ITfats TO: 'vlark Tory,Senior Environmental Planner From: Marian Sumncr FBx: 631-76X3136 _ _ Date: 3/27/03 Phone paw, Ghassenrt Sat-off CC: ❑UWA 1317or Review ❑Please Comment p Please Please Reeyole inn1 r i 1 11�1� hill 1 i 1 I � ''lit AI. 1 T, �l 03,27120]3 04:33 6312©147%11 PECUNIC LAND TRUST PAGE 02 PECIC LAND TRUST 295 Hampmr Road,CO.Dcx'-7fi,Wurhnm.mu,iv!11969 (Gil)1.8i.315c F.>:(591.)204-07I Uw PCcanlclINIW[ccarg Marc], 27, 2003 VIAIIL ,'i 7653 136 Mark Terry, Senior Environmental Planner Town of Southold Planning Department 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Ghassemi Set-off SCTM#- I000-31-1-1 Dear Mr. Terry: Per our discussion, attached please find the revised Covenants and Restrictions in conformance with the request of the Planning Board. Thank you in advance for your review of the document. If you have any questions, please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, Marian P. Sumner Director of Conservation Programs Attaclunent 03%27/2i2x,3 04: 3d 5. 1207d III PECONIC LAND TRUST PAGE 03 DECLARATION OF COVENANTS & RESTRICTIONS Ti-lIS DECLAR.ATlOAT is made this_day of 2003 by Sy& Catherine Ghassemi residing at 23 Langdon Place, L DECLARANT; ynbrook,NY 11563,hereinafter referred to as the WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the No. side of the?✓lain Road(N.Y.S. Route 25), Town of Southold, Suffolk County,New York, more particularly bounded and described in Schedule "A" attached hereto(hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a proposed cluster set-off, as shown on the Set Off Plan of "Sy&Catherine Ghasserni"prepared by Peconic Surveyors, last dated_which map was simultaneously fried herewith in the Office of the Suffolk County Clerk on ,2003 as Map File No._; and. WHEREAS, for and in consideration of the granting of said approval,the Planning Board of the Torun of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners OFsaid lots that the within Covenants and Restrictions be imposed on said lots I and 2, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and "A'AEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW,THEREFORE„ THIS DECLARATiON WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, exocutcrs, administrators, legal representatives, distributees,successors and assigns, to Vit: 1) Lot 1 shall not be used or maintained for any purpose other than a one-family residence, 2) Upon firture subdivision of Lot 2 only 30.703 acres may be used when calculating the actual yield. The remaining i,060 acres was used as a cluster provision for Lot 1. 3) Lot 2 is access by a right-of-way over Lot 1. Any further subdivision of Lot 2 will require improvements in accordance with the Town Highway Specifications within this right-of-way, �i31= 2003 B4:33 GU 0407ii PECONIC LAND TRUST PAGE 04 4) A COmmon curb-cur rtiithin the 25' right-of-way on Lot 1 is to be used to provide access to both Lot l and Lot 2. All other existing cutis-cuts arc to he eliminated. 5) The cost of the maintenance of the twenty-five (2.51 foot right-of-way is the responsibility Of the Owner of Lot 2. 6) All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of SR 25, Main Road, and 7) The existing cottage located in the northwest corner of Lot 1 may not be used as a temporary or permanent habitable structure. The cottage may only be used as an accessory building for storage and/or a personal artist or hobby studio. No product sales shall be permitted from this structure. These covenants and strictions shall nun witla a land and shall be bin ng upon the DECLPI2 ANT, its ccessors and assigns, an upon all persons or en 'es claiming under them, and maybe term' ated,revoked or amends y the owner of the�, penty only with the written consent of the own. _ If any section, subsection,paragraph, clause,phrase or provision of these covenants and 1 � restrictions shall, by a Court of competent jurisdiction,be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required bylaw or by their Provisions to be incorporated herein and made a part hereof,, as though fully set forth. That the within Declaration shall run with the land and shall be briding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming Linder them, and may not be annulled, waived, changed,modified, terminated,revoked, annulled,or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. 1N WIT TESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and year first written above. By: Sy Ghassemi 13y: Catberine Ghassemi 02,2 2 0 D 3 04: 6S312030°11 PECUNIC LAND TRUST PAGE 05 STATE OF NFW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2003 before me,the undersigned, personally appeared ,personally kncwn to me or proved to me on the basis of satisfacto,y evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged io me that he/she/they executed the same in his/her/their capacity(ies),and that by his/hevtheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument. Notary Pnblic Pmjecu/Uhassemi,,7owr./C&R's 032703 i i PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. QQ P.O. Box 1179 Chairman = Gy� Town Hall, 53095 State Route 25 o Southold, New York 11971-0959 RICHARD CAGGIANO Ca i Telephone (631) 765-1938 WILLIAM J.CREMERS O Fax(631) 765-3136 KENNETH L.MARTIN H.SIDORRDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 11 , 2003 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Cluster Set-off for Sy and Catherine Ghassemi North Side of Main Road, East Marion SCTM# 1000-31-1-1 Zone: R:80 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, March 10, 2003: RESOLVED that the Southold Town Planning Board grant a retroactive extension of conditional sketch approval on the map, dated September 24, 2001, from April 16, 2002 to September 16, 2003. Sketch approval was granted on October 16, 2001. Please contact this office if you have any questions regarding the above. ( Very truly yours, Bennett Orlowski, Jr. Chairman sVI�3F PECONO LAND TRUST 296 Hampton Road,P.O.Box 1776,Southampton,NY 11969 (631)283-3195 Fax:(631)204-0711 www.pcconiclandtrust.org February 19, 2003 Honorable Bennett Orlowski, Jr. Town of Southold Planning Department 53095 Main Road PO Box 1179 Southold,NY 11971 Re: Ghassemi Set-off SCTM#: 1000-31-1-1 Dear Chairman Orlowski: Per discussions with Mark Terry, the above-referenced project is still under review at the Suffolk County Department of Health Services and will be presented to the Board of Review on March 6th. As such, we are requesting a six-month extension of the Planning Board's conditional sketch plan approval of the project. Thank you in advance for your extension. If you need any additional information, please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, Marian P. Sumner Director of Conservation Programs cc: Mark Terry D "i D EeutAold Town Pi Board r PLANNING BOARD MEMBERS o�pS�FFO(,�co BENNETT ORLOWSKI,JR. �� G,y P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 WILLIAM J.CREMERS H Z Southold, New York 11971-0959 KENNETH L. EDWARDS WQ .F Telephone (631) 765-1938 GEORGE 'JR. 'f',�Ol Ot` Fax (631) 765-3136 RICHARD CAGGI O PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 19, 2002 Ms. Marian Sumner c/o The Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, New York, 11969 RE: Proposed Cluster Set-off for Catherine Ghassemi SCTM# 1000-31-1-1 Location: East Marion Zone: R-80 Dear Ms. Sumner: I have reviewed the Draft Declaration of Covenants and Restrictions for the Catherine Ghassemi property. The Declaration of Covenants and Restrictions applies to both, Lots 1 and 2 in this application. On October 16, 2001 the Planning Board granted the applicant sketch plan approval with eight conditions. Condition three required that the "dilapidated cottage be removed". It is the Planning Boards understanding that the applicant would like to keep the cottage as an accessory storage building and/or"art and hobby uses". This use was proposed in a January 14, 2002 letter(attached) provided by the applicant. A site inspection of the cottage was performed on March 15, 2002. The cottage consists of two rooms, a concrete floor and no plumbing. The east wall has been repaired and two new windows were installed. The roof appears to be in good condition. Photos of the cottage are attached as Exhibit 1. It is also the understanding of the Planning Board that the applicant is aware of zoning requirements that mandate that the cottage is to remain into perpetuity an accessory building for storage, artist or hobby studio uses only. If the applicant plans to improve the cottage to a residential structure, cluster zoning requires that the applicant must revise the set-off application and subtract an additional two acres from Lot 2 prior to any approvals. The Planning Board is not in favor of improving the cottage to a habitable structure. Based upon the above mutual understanding, the Planning Board is requesting that the following items be included in the Draft Declaration of Covenants and Restrictions: 1. The cottage located in the northwest comer of the property is to remain an accessory building for storage and personal artist or hobby studio uses only. No product sales are permitted from this structure. From this date forward, at no time will the owners of the lot be permitted to use the cottage as a temporary or permanent habitable structure. Furthermore, the Town of Southold Building Department and the Town of Southold Zoning Board of Appeals has been alerted that any proposed improvements, modifications, construction or alterations of the cottage that would permit the installation of indoor plumbing or other conversion that would render the cottage as a habitable structure is not permitted. 2. Lot 1 shall not be used or maintained for any purpose other than a one family residence. 3. Lot 2 is accessed by a right-of-way over Lot 1. Any further subdivision of Lot 2 will require improvements in accordance with the Town Highway Specifications within this right-of-way. 4. A common curb-cut within the 25' right-of-way on Lot 1 is to be used to provide access to both Lot 1 and Lot 2. All other existing curb-cuts are to be eliminated. 5. The cost of the maintenance of the twenty-five (25') right-of way is the responsibility of the owners of Lot 2. Once we are in receipt of the revised document, the application will be scheduled for the next step. If you have any questions, please do not hesitate to call me at (631) 765-1938, extension 243. SincerelVonymnental Mar e Se for E Jan-14-02 04:52P G140 HMI PHOEL & CO. • 1�55� P.O1 1 � AAL January 14, 2002 To Whom It May Concern: ' '1'tie structure in question is presently in sound condition. In the past, electrical lines had been brought into the structm'e. However, no kitchen facili lies are present. Our intention is to LSC the small premise as an art studia'hobhy center. Sincerely, f Ghassemi JAN 15 2002 H Southold Town Planning Board Exhibit 1. Catherine Ghassemi Cottage SCTM# 1000-31-1-1 L6 I I Note: Photos were taken on March 15, 2002 Exhibit 1. Catherine Ghassemi Cottage SCTM# 1000-31-1-1 1 / Note: Photos were taken on March 15, 2002 PECON• LAND TRUST 296 Hampton Road,P.O.Box 1776,Southampton,NY 11969 (631) 283-3195 Fax:(631)204-0711 w .pecomdandtmst.org March 13, 2002 VIA FACSIMILE John Milazzo, Esq. Suffolk County Water Authority 4060 Sunrise Highway Oakdale,NY 11769 Re: Ghassemi Set-off(SCTM#:1000-31-1-1) Dear Mr. Milazzo: Pursuant to our conversation yesterday, attached please find revised supplemental information to the Environmental Assessment Form for the above-referenced project, which requests public water to the proposed new dwelling via the adjacent road, The Long Way. Thank you for your review and assistance in this matter. Should you have any questions, please do not hesitate to contact me at 631-283-3195 ext. 26. Sincerely, Marian P. Sumner cc: Mark Terry, Southold Town Planning Dept. Yf� u It"3L 9Wxd 5lf WrLl� �dVb/Y�� �ROhI • FAX NO. �r. .3 ^002 O1:5OPr1 P1 • z— :500 z P•conia Land boat•Inc. PO fax 1776,296 H"mn Road Sou*wmtoa,NY 11%9 Pdane:631•.d3-3!95 Fu•631.204-071I facslm�lf�ansnuttal: _ To: jt�F,�_f�L9-LVA From: rlAn 0,n) �U•r-NLL. Fax: ��0 S �✓ Data: 1, Pnona: Fagae:- 1 1 Re: CC: 0 Urgent ❑For Review ❑Plana Corrntlent Q Plane Rapiy Q Flaw Recycle J v'.. � NOta6:'•i0� i r . . . . . . . . . . . . . . . . . . . . . PECUNIC LAND TRUST i<i0 Fi:r,Y}rnm.Mild.P..i).R,. 1-77(, So-a[F.ovnymnNly 11949 r6i018a-3P�S ry: ('Al)2(y)0711 www.ptw�itlanduaax.p • March 13, 2002 vl_AFA('g15 John Milazzo,Esq. Suffolk County Water Authority 4060 Sunrise Highway Oakdale,MY 11769 Re: GhassemiSet-Off(SCTM#:1000-31-1-1) Dear Mr. Milazzo, Pursuant to our conversation yesterday,attached please find revised supplemental information to the Environmental Assessment Form for the above;referenced project, which requests public water to the proposed new dwelling via the adjacent road, The Long May. Thank you for your review and assistance in this matter, Should you have any questions,please do not hesitate to contact me at 631-283-3195 ext. 26. Sincerely, Marian P. Sumner cc, Mark Tem,, Southold Town Planning Dept. ­Pal • FAX NO. r. :3 2002 01:5:PM Pc SUPPLEMENT TO SHORT FORM ENVIRONMENTAL ASSESSMENT FORM PROJECT: CHASSEN11 SET-OFF LOCATION: MAIN ROAD.EAST MARION SCTM#: 1000-31-1-1 1.Explanation of existing site use The R-80 zoned 32.8 acre parcel has one existing home and barns located on approximately one acre of the parcel along Main Road with the balance being vacant land. The parcel has a potential development yield of 14 homes. Farmland comprises approximately 20 acres of the parcel; woodland comprises approximately 10 acres of the northern portion of property that abuts the Long Island Sound; and,the balance,approximately 1.8 acres,serves as a farm road. The plan calls for a one-acre set-off of the existing house. As such,the landowner has the right to develop one additional home on the remaining 31.8 acres of the parcel. Therefore,at this time,the additional 12 homes that could be built on this parcel are not contemplated. 2.Indicate water supply,etc. Public water is to be provided to the existing home. SCWA has a water main running in front of the home on Main Road. There is a stab connection currently on the property and all fees have been paid(reference# 111-025-008-000-1)_ There is also public water serving the adjacent subdivision most notably in the road, The Long Way,which terminates at the northwestern portion of the subject property. At this time,public water is bang sought for the one proposed dwelling on the northwestern portion of the 31.8 acre component of the parcel via The Long Way. 3.Indicate the ability of SCWA to provide water to the project. Please see the attached SCWA letter which states that public water will be provided to the existing house,and note that public water runs along the westerly adjacent road, The Long Way. 4,Provide Suffolk County DOH status An application was submitted to the DOH in August 2001. DOH is awaiting a response from SCWA regarding water availability for out dwelling on the 31.8 acre component of the parcel. 5.Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts. The applicant is under negotiations with Suffolk County to purchase approximately 20 acres of the existing, active farmland. All stormwater runoff resulting from the improvemcut of the parcel shall be retained on site so that it will not flow out onto the right-of-way of SR 25. k h • FR?; IJG. r. '3 2002 01:5:PM P3 VERIFICATION I certify that the information provided above is true to the best of my knowledge. ApplicanVSponsor Name Marian Sumner Pecanic Lyng Tr !---..Date-3-13-02 SignaturTitle iRoi OAS&— 4-b , �aw�s 6REMI �',°EAST MARION FIRE DISTRICT P.O. BOX 131 • MAIN ROAD EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS February 19, 2002 * 1 r n* Valerie Scopaz, Town PlannerA ' Town of Southold Town Hall 2002 53095 State Route 25 PO sox 1179 Southold Town Southold, NY 11971 Planning Board Dear Ms. Scopaz: Enclosed is the survey for the Set-Off for Sy & Catherine Ghassemi located on the Main Road in East Marion. According to Fire Commissioner Raymond Jacobs, no firewells are needed at this time. Thank you. Sincerely, Christina Goldsmith Secretary/Treasurer East Marion Fire District. PLANNING BOARD MEMBERS ��$UFF01 C Q BENNETT ORLOWSKI,JR. Town Hall, 53095 State Route 25 _� Gy Chairman P.O. Box 1179 WILLIAM J. CREMERS y x Southold, New York 11971-0959 KENNETH L.EDWARDS 0 ^� Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. 4, � O�� Fax(631) 765-3136 RICHARD CAGGIANO �Q! PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 2001 Cynthia Goldsmith, Secretary East Marion Fire District P.O. Box 131 East Marion, New York 11939 Dear Ms. Goldsmith: Enclosed please find one (1) survey for the Set-Off for Sy & Catherine Ghassemi located on the Main Road in East Marion. SCTM# 1000-31-1-1 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. a/ 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. Very truly yours, Valerie Scopaz, AICP C Town Planner enc. ml ozmomr 3 WATCH SEE SEC.NO.OIO 1 E�a55 WO 8 LkE k FOR PCL.M. E 2a555a I SEE SEC.NO. N 010-02-I30 i y s •� 2�, a C a ,9 ? } � Y J s r = � r ' � s�6 e as > 111111 '',a a t+e a d a i s HIP = V = V I I I / C\r i p �'{' � ° � � O Jq N'J •b tP f C P\ a S J ! �S B r•?r !y �, O ,qc C+51.�2i o� `. s u@ BQoO rlss f 6 e= � •�26, �`' 48 s aC� 3 e v D Oar `�ati a FZ 9 s s ���4♦ a 4=° !4 ee 20 IIT a p y qe v • �l PECONAAND TRUST 296 Hampton Road,P.O.Box 1776,Southampton,NY 11969 (631)283-3195 Pax:(631)204-0711 www.peconidandtrust.org February 11, 2002 Bennett Orlowski Town of Southold Planning Board 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Proposed cluster set-off- for Sy and Catherine Ghassemi D SCTM# 1000-31-1-1 VVV Proposed set -off and lot line change for Michael Niamonitakis F E 12 2002 SCTM# 1000 31-6-28 Southold Town Dear Mr. Orlowski, Planning Board Please review the enclosed drafts of the Declaration of Covenants and Restrictions for the above referenced projects. In addition note the information below pertaining to the resolutions adopted by the Town of Southold Planning Board October 16, 2001 regarding Ghassemi. ■ Letter regarding condition and proposed use of existing cottage on lot 1. • At this time there is no set-off application for lot 2. We have made the provisions in the Declaration of Covenants and Restrictions for the reserved set-off requirement acreage in lot 2. When an application is submitted for a future set-off of lot 2 we shall comply with the additional Covenants and Restrictions. If you have any questions please contact Marian Sumner. Sincerely, ` Michael D. Shannon DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this day of , 2002 by Sy & Catherine Ghassemi residing at 23 Langdon Place, Lynbrook, NY 11563, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the North side of the Main Road (N.Y.S. Route 25), Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS,the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a proposed cluster set-off, as shown on the Set Off Plan of "Sy& Catherine Ghassemi"prepared by Peconic Surveyors, last dated which map was simultaneously filed herewith in the Office of the Suffolk County Clerk on , 2001 as Map File No. ; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) Upon future subdivision of Lot 2 only 30.703 acres may be used when calculating the actual yield. The remaining 1.060 acres was used as a cluster provision for Lot 1 2) All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of SR 25, Main Road. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection,paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and year first written above. By: Sy Ghassemi By: Catherine Ghassemi STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2002 before me, the undersigned, personally appeared , 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. Notary Public Projects/Ghassemi/Town/C&R's 021102 Jan-14-02 04:62P GHAWMI PHOEL & CO. P.01 January 14,2002 To Whom It May Concern: Tire structure in question is presently in sound condition. In thL Past, electrical linos had been brought into the structure. HOWever, no kitchen facilities are present. Our intention is to use the small premise as an an studiahobby center. Sineeroly. 3Ghesseniii Jan-14-02 04:62P GHA MI PHOEL & CO. . Ol January 14, 2002 To Whom 1t May Concern: ' 'Tim structure in question is presently in sound condition. In the past, electrical lines had been brought into the structure. However, no kitchen Iacilitics are present. Our intention is to use the small premise ati an art studia'110bhy center. Sinccrcly. \ Ghessemi 'J 72 * i PLANNING BOARD MEMBERS �pSUFFO(�c BENNETT ORLOWSKI,JR. �`t`� �Gy P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 WILLIAM J. CREMERS N Z Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGERITCHIE JR y�Ol � Fax(631) 765-3136 RICHARD CAGG O PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 15, 2002 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Cluster Set-off for Sy and Catherine Ghassemi North Side of Main Road, East Marion SCTM# 1000-31-1-1 Zone: R:80 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, January 14, 2002: WHEREAS, this proposed cluster set-off is to set off a 1.087 acre lot with an existing residential dwelling from a 32.8503 acre parcel; and WHEREAS, the Planning Board started the lead agency coordination process on this action on October 15, 2001; be it therefore RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. Enclosed is a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman encl. 0 • PLANNING BOARD MEMBERS gUFFO(,���� C49G P.O. Box 1179 BENNETT ORLOWSKI,JR. _� y� Town Hall, 53095 State Route 25 Charman C* Z Southold, New York 11971-0959 WILLIAM J. CREMERS y, A► Telephone(631) 765-1938 KENNETH L. EDWARD5 Fax(631) 765-3136 GEORRICHARD CA GLANO GE RITCHIE LATHAM,JR. y�ol �aO� PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant January 14, 2002 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (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 Cluster Set-off for Sy and Catherine Ghassemi SCTM#: 1000-31-1-1 Location: North Side of Main Road, East Marion SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Proposed cluster set-off is to set off a 1.087 acre lot with an existing residential dwelling from a 32.8503 acre parcel. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. SEQR Negative Declaration - Pape Two For Further Information: Contact Person: Bennett Orlowski, Jr. Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Suffolk County Water Authority Elizabeth Neville, Town Clerk Applicant PLANNING BOARD MEMBERS �gUFFO(,�c Town Hall, 53095 State Route 25 BENNETT ORLOWSKI,JR. P.O.Box 1179 Chairman • Southold, New York 11971-0959 WILLIAM J.CREMERS COD LATHAM,JR. Telephone (631) 765-1938 GEORGE RITCHIE KENNETH L.EATHAMDWARDS Fax (631) 765-3136 RICHARD CAGGIANO y'1101 � PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11, 2001 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Cluster Set-Off for Sy and Catherine Ghassemi North Side of Main Road, East Marion SCTM# 1000-31-1-1 Zone: R-80 Dear Ms. Sumner: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, December 10, 2001: BE IT RESOLVED that the Southold Town Planning Board adopt the November 7, 2001 Suffolk County Planning Commission report with the following amendments: rL Condition Number 1: This condition was addressed in Condition Number 2 of the (� ` Planning Board's sketch approval. Condition Number 2: The Planning Board is not requiring this condition. The Town Highway Specifications allow for a twenty-five foot right-of- way for certain types of development. Any further subdivision of Lot Number 2 must meet all requirements of the Town Code. Conditions Number 3-8: These conditions will be required if an application is made for further subdivision of Lot Number 2. Condition Number 9: This condition must be included in the Declaration of Covenants and Restrictions for the subdivision. Condition Number 10: The Planning Board is not requiring this condition. There is an established dwelling located on Lot Number 1. Ghassemi — Page Two — 12/11/01 The restriction noted above must be included with the covenants and restrictions noted in the sketch approval. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman encl. cc: Suffolk County Planning Commission t COUNTY OF SUFFOLK (9 t5� ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, A.LC.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING November 7, 2001 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board D Main Road Southold,New York 11971 m2mw Re: Ghassemi SCC File No.: S-SD-01-04 SCTM No.: 1000-31-01-01 Dear Mr. Orlowski: " W ftW Pursuant to the requirements of Section A14-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 7, 2001 reviewed the above captioned application and after due study and deliberation resolved to approve it subject to the following conditions: 1. Prior to final approval, a covenant indicating the amount of open space and/or yield that is to be accounted for due to the Town Law Section 281 "cluster" shall be placed on Lot 2. 2. In the event Lot 2 is further subdivided, the 25 foot easement over Lot 1 shall be increased to a 50' right-of-way for access to the subdivision suitable for dedication to the Town in the future should the need arise. 3. The "Coastal Erosion Hazard Line" shall be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps, plans, plats or sketches associated with this action. 4. The "top of bluff' shall be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps, plans, plats or sketches associated with this action. The rate of erosion on site shall be calculated by the expert. 5. No new residential structure or sanitary disposal facility shall be constructed or otherwise located not less than 100 feet from the top of bluff or adequate to guarantee 50 years of protection to the dwellings or sanitary system that is based on the calculated erosion rate. LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P, O. BOX 6100 • (51 6) 8535190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (516) 853-4044 November 7, 2001 !U)FOLK COUNTY PLANNING DEPARTMENT Page 2 6. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. 7. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner. 8. The subdivider shall acknowledge in writing to the Planning Board that 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 shoreline erosion through the construction of engineering or other works. 9. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of SR 2.5, Main Road. 10. A buffer or conservation easement at least 50 feet in width shall be established along SR�y 25, Main Road,to help prese e the natural vegetation along the road, so as to enhance the aesthetics of the road, con Bute to the preservation of residential amenities from traffic activities and noise, and to elp minimize the erosion potential. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed, or dead material and obnoxious plant species. Such clearing and cutting shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. Very truly yours, Thomas Isles, AICP Direc r of Planning i Andrew P. Freleng, Al P Principal Planner APF:cc G:\CCHORNY SUBDMCOMISHLTICOM2001\NOVISD01-4.NOV LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR • P. O. BOX 6100 • (5 1 61 853-5 1 90 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 786-0099 TELECOPIER 15 1 61 853-4044 PECONIOLAND TRUST 296 Hampton Road,RO.Box 1776,Southampton,NY 11969 (631)283-3195 Fax:(631)204-0711 www.p"onidandtrust.org n November 14, 2001 The Honorable Bennett Orlowski, Jr. Town of Southold Planning Board 53095 Main Road PO Box 1179 Southold,NY 11971-0959 Re: Ghassemi Cluster Set-Off SCTM#: 1000-31-01-01 Dear Chairman Orlowski: After a discussion with Melissa Spiro, I am writing to formally request that the Planning Board reconsider condition #3 of the Sketch Plan approval dated Ocotber 16th. As is presently written, condition 43 calls for the removal of the existing cottage structure. The Ghassemi's, however, would like to retain the structure. I look forward to discussing this issue further with you. Sincerely, Marian P. Sumner Director of Conservation Programs D ,tlY 115; Z�1 D rrd' COUNTY OF SUFFOLK ROBERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, A.I.C.P. DEPARTMENT OF PLANNING DIRE=R of PLANNING November 7, 2001 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Ghassemi nWim SCC File No.: S-SD-01-04 SCTM No.: 1000-31-01-01 ftwkwww Dear Mr. Orlowski: M1 * ftW Pursuant to the requirements of Section A14-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 7, 2001 reviewed the above captioned application and after due study and deliberation resolved to approve it subject to the following conditions: 1. Prior to final approval, a covenant indicating the amount of open space and/or yield that is to be accounted for due to the Town Law Section 281 "cluster" shall be placed on Lot 2. 2. In the event Lot 2 is further subdivided, the 25 foot easement over Lot 1 shall be increased to a 50'right-of-way for access to the subdivision suitable for dedication to the Town in the future should the need arise. 3. The "Coastal Erosion Hazard Line" shall be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps, plans, plats or sketches associated with this action. 4. The "top of bluff' shall be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps, plans, plats or sketches associated with this action. The rate of erosion on site shall be calculated by the expert. 5. No new residential structure or sanitary disposal facility shall be constructed or otherwise located not less than 100 feet from the top of bluff or adequate to guarantee 50 years of protection to the dwellings or sanitary system that is based on the calculated erosion rate. LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR • P. O. BOX 6100 • (5 1 6) 853-51 90 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5151 853-4044 November 7, 2001 SOFOLK COUNTY PLANNING DEPARTMENT Page 2 6. Within 50 feet of the top edge of the bluff there shall not be any grading except that which may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. 7. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner. 8. The subdivider shall acknowledge in writing to the Planning Board that 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 shoreline erosion through the construction of engineering or other works. 9. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of SR 25, Main Road. 10. A buffer or conservation easement at least 50 feet in width shall be established along SR 25, Main Road, to help preserve the natural vegetation along the road, so as to enhance the aesthetics of the road, contribute to the preservation of residential amenities from traffic activities and noise, and to help minimize the erosion potential. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed, or dead material and obnoxious plant species. Such clearing and cutting shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. Very truly yours, Thomas Isles, AICP Dire r of Plannin� Andrew P. Freleng, AI P Principal Planner APF:cc G'\CCHORNY\SUBDIV\COM IS HLT COM2001\NOV\SD01-0 NOV LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR • P. 0. BOX 6100 • (51 6) 853-51 90 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 768-0099 TELECOPIER(516) 853-4044 s S SUFFOLK COUNTY WATER AUTHORITY Michael R. Frank 4060 Sunrise Highway, Oakdale, New York 11769 Deputy Chief Executive Officer (631) 589-5200 for Customer Service Fax (631) 563-0356 00oher 30. 2001 Ms. valene SCopaz k (4�.nf1eA Town of Soathold P.L'. 11 79 S � � c1 S n.itholdl, NY 11971-1938 $¢� '. .,w ReLead Agency Coordination Request NOV U 1 2W1 Cluster Set-Off Sy and Catherine Ghzssemi Southold Town 'la�ning Board I�_at ivls. :�cupaz he Suffolk. County Water Autbority has received the Lead Agency Coordination letter for the above referenced project. A review of SCWA records indicates that the parcel is located on a road in which a water main is located. A letter of water availability has not been issued for parcel. SCWA does not object to the Planning Board assuming Lead Agency Status for the above referenced project. However, if the project is to be supplied with public water it is recommended t''^at the impacts of supplying public v:ater be analyzed. The enclosed checklist can assist in this re V i:`W Please feel free to contact me if you have any questions in this matter. Vuy ttculy yours (I� P✓1 :hael R- Frank Enclosure Scoping Checklist I. Cover Sheet A. Indicate whether draft, supplemental or final EIS B. Name or other descriptive title of the project C. Location of the project D. Name and address of the lead agency which required preparation of the statement and the name and telephone number of a person at the agency to be contacted for further information E. Name and address of the preparers of the statement and a contact name and telephone number F. Date of acceptance of draft EIS or draft SEIS G. In the case of a draft EIS's, the deadline date by which comments are due should be indicated II. Table of Contents and Summary A. Brief description of the action B. Significant, beneficial and adverse impacts (issues of controversy must be specified) C. Mitigation measures proposed D. Alternatives considered E. Matters to be decided (permits, approvals, funding) III. Description of the Proposed Action A. Project purpose need and benefits 1. Background and history 2. Public need for the project, and municipal objectives based on adopted community development plans 3. Objectives of the project sponsor 4. Benefits of the proposed action B. Location 1. Establish geographic boundaries of the project 2. Description of access to the site 3. Description of existing zoning of the site 4. Other: C. Design and Layout 1. Total site area a. proposed impervious surface area b. amount of land to be cleared c. open space 2. Structures a. layout of buildings b. site plans and profile view 3. Other D. Approvals Required IV. Environmental Setting A. Water Resources (Groundwater) 1. Location and description of aquifers and recharge areas a. quality b. quantity c. seasonal variation d. depth to water table 2. Identification of present uses and level of use of groundwater a. private water supply b. public water supply c. location of existing wells d. agricultural uses e. commercial/Industrial uses f. seasonal variation B. Land Use and Zoning I. Existing land use and zoning a. description of the existing land use of the project site and the surrounding area b. description of existing zoning of site and surrounding area c. description of any affected agricultural district or other farmland retention program boundary in and surrounding the site 2. Description of any land use plans or master plans which include project site and surrounding area a. Southold master plan b. Southold water supply management and watershed strategy c. special groundwater protection area plan 3. Other C. Public Water Service 1. Existing facilities 2. Current usage levels 3. Projected future usage levels 4. Projected future facilities V. Significant Environmental Impacts Identify those aspects of the environmental setting in Section IV that may be adversely or beneficially affected by the proposed action including cumulative impacts as measured against Southold Water Supply Management and Watershed Protection Strategy and provide discussion. VI. Mitigation Measures to Minimize Environmental Impacts Describe measures to reduce or avoid potential adverse impacts identified in Section V. VII. Adverse Environmental Effects that Cannot be Avoided if the Project is Implemented VIII. Alternatives IX. Irreversible and Irretrievable Commitment of Resources X. Appendices i Subnitsston Without a Cover Letter Sender: G�HrtSS �h�� 9� CyO. LL 'L Subject: SCTM#: 1000- Date: I 010-z910 Comments: 12Cv,'E&3 TEE OCT 49 2UU1 • • sa&r;� NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL,PLANNING, CONSULTING (631)427-5665 572 Walt Whitman Road FAX(631)427-5620 Melville.NY 11747 TO: Valerie Scopax Date: 25-Oct-01 Town of Southold Planning Board Office,Town Hall Re: Ghassemi Subdivision 53095 Main Road Southold,NY 11971-0959 Job No. NP&V#01245 We are sending you Under separate cover X Herewith Pick Up By Messenger For Your Review& Comment Approval X As requested X For your use Bid Submission Quantity Drawing Title Sheet No. Date 1 Environmental Assessment Review Remarks: Please feel free to call should you have any questions or require additional information. IL .i II�t .66 2Mio, Very truly yours, . NELSON,POPE&VOORHIS,LLC Southold Town Flanning Board By: Shana Lacey • • Ghassemi @ East Marion Environmental Review NP&V#01245 �4 4. II/. ENVIRONMENTAL ASSESSMENT REVIEW ENVIRONMENTAL AND PLANNING CONSIDERATIONS GHASSEMI @ EAST MARION Prepared for: Valerie Scopaz Town of Southold Planning Board Office, Town Hall 53095 Main Road Southold, New York 11971-0959 Prepared by: Nelson,Pope &Voorhis,LLC 572 Walt Whitman Road Melville,New York 11747 Date: October 22, 2001 The Town of Southold Planning Board has retained Nelson, Pope & Voorhis, LLC (NP&V) for consulting services in review of the above referenced application. The proposed action involves a "cluster set off' subdivision of a 32.8503 acre parcel into 2 lots with the following lot sizes: Lot 1 is 1.087 acres and Lot 2 is 31.7633 acres. Lot 1 currently contains a two story house, garage, shed, barn, and a dilapidated cottage. The majority of Lot 2 is currently utilized agriculturally, with the northern portion remaining forested. The subdivision map indicates that the development rights within Lot 2 will be sold to Suffolk County however the Planning Board has indicated that a contract with the County has not been negotiated to date and the notation should therefore be removed. Therefore, the applicant's intentions with regard to the future use of and potential development within Lot 2 is unknown. This document analyzes the site and area resources including topography, soils, water, land use, zoning and transportation and other available information. Location and Site Overview The project site is located on the north side of Main Road (SR 25), approximately 250 feet east of The Long Way in East Marion, Town of Southold, County of Suffolk. The subject property Pagel • • Ghassemi @ East Marion Environmental Review NP&V#01245 can be more particularly described as SCTM Number 1000-31-01-01. The parcel contains a total of 120 feet of road frontage along Main Road (SR 25). The southern portion of the site currently contains a residential dwelling, garage, shed, barn, and a dilapidated cottage with the majority of the site's interior utilized agriculturally. The northern property boundary has approximately 447 feet of frontage on the Long Island Sound. The site does not contain any vegetated tidal wetlands, however a portion of the site is located within the jurisdictional limits of the NYSDEC under Article 25 of the Environmental Conservation Law (ECL). The site does not contain any known historically and ecologically significant resources, although the site is depicted on the NYS Office of Parks, Recreation and Historic Preservation (NYS OPRHP) Circles and Square Map as being located within an area having multiple site sensitivity. This review will discuss the proposed project and its potential impact on land resources. Proposed Project The proposed project involves the subdivision of a 32.8503 acre parcel into 2 lots. Lot 1 will occupy the southern portion of the site and totals 1.087 acres in size with Lot 2 occupying the northern portion of the site and consisting of the remaining 31.7633 acres. Lot 1 has 120 feet of frontage along Main Road (SR 25). Lot 2 will be accessed off of Main Road (SR 25) via a proposed 25 foot right of way located in the southeast corner of Lot 1. The existing residential dwelling, garage, shed, and barn located within Lot 1 is expected to remain following subdivision approval, although the Planning Board has recommended removal of the dilapidated cottage. As previously indicated, the subdivision map indicates that the development rights within Lot 2 will be sold to Suffolk County, however, the Planning Board has indicated that a contract with the County has not been negotiated to date and the notation should be removed from the plans. As such, the future development potential within Lot 2 is unknown. Although the subdivision map indicates the sale of development rights within Lot 2, the proposed 25 foot right of way extending the length of the western property boundary appears to indicate future development potential. The applicant has previously indicated that the northern portion of Lot 2 may be subdivided in the future, with only the development rights in the southern portion of this lot to be sold to the County. If the development rights within Lot 2 will be sold to the County and should the right of way be necessary, the area of the right of way should be excluded from Lot 2. The subdivision plan should accurately reflect the applicant's intentions with regard to future development and/or sale of development rights within Lot 2. If future development is planned within Lot 2, a subdivision plan should be prepared and would require a more intense environmental review. Land Use and Zoning The project site is located in an area of residential and agricultural land. Residential and agricultural land uses, as well as vacant undeveloped land, are located west of the project site and agricultural and vacant undeveloped land are located to the east. The subject site is zoned R-80 Residential, which requires a minimum lot size of 80,000 SF, a lot coverage not to exceed of 20% of the lot area, and a livable floor area of 850 s.f. per dwelling. Ar NELSON, POPE 6 VOORHIS. LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 2 • • Ghassemi @ East Marion Environmental Review NP&V#01245 Lot 1 does not meet the dimensional requirements within the R-80 zoning district, however, the layout would be considered a cluster "set-off' due to the transfer of development rights within Lot 2 to Suffolk County. However, as previously stated, the applicant has not entered into an agreement with the County to purchase development rights on the subject property. Should the development rights within Lot 2 remain intact, the subdivision would not be considered a "cluster set off' as preservation of environmental resources is not apparent. The use of clustering may yield smaller lots based on an approved overall yield in order to preserve agricultural land or other environmentally sensitive features and allows dimensional requirements to be reduced in order to maintain a larger part of the site in agricultural use. The proposed 2 lot subdivision created by the cluster "set-off' development should not require zoning variances, particularly as no future development is proposed as depicted on the subdivision map. R-40 Residential zoning is located to the west and south of the site, and R-80 Residential zoning is located east of the site. The project is in harmony with various Town watershed management and farmland protection planning documents and initiatives by retaining a large contiguous area of agricultural farmland. The land use and zoning impacts of the proposed project are expected to be minimal. Traffic Generation As currently proposed, no future development will occur on site and therefore the proposed project will not generate additional traffic to the area. Further subdivision of Lot 2 could allow for the construction of an undetermined number of single family dwellings and therefore impacts associated with future development cannot be assessed at this time. The increase in traffic resulting from additional residential dwellings would not be anticipated to significantly increase traffic in the area. Due to the location of the site and consideration of area roadways, a slight increase in trip generation at the site would not be expected to have a significant impact on the area roadways. The Planning Board has requested that a single common drive be utilized to access both lots, with all other curb cuts eliminated, further reducing potential impacts associated with the site access. Soils and Topography The property does not contain any significant landforms or geological features. The Suffolk County Soil Survey (Warner, et. al., 1975) identifies five soil types on the subject site, which consist of the following: Riverhead sandy loam, 3 to 8% slopes (RdB), Riverhead sandy loam, 0 to 3% (RdA), Haven loam, 0 to 2% slopes (HaA), Plymouth loamy sand, 3 to 8% slopes (P1B), and Montauk fine sandy loam, 3 to 8% slopes (MfB). The Haven Loam series is described within the Suffolk County Soil Survey as land which is suitable for development, with good leaching potential. The hazard of erosion hazard is slight on HaA soils. The Riverhead series consists of deep, well-drained moderately coarse textures soils that formed a mantle of sandy loam or fine sandy loam over thick layers of coarse sand and gravel (Warner, et. al., 1975). The soil survey lists the erosion hazard for RdB as moderate to dl NELSON, POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 3 _ • • Ghassemi @ East Marion Environmental Review NP&V#01245 slight and the main concerns of management involve controlling runoff and erosion and providing adequate moisture for landscaping/agriculture. The erosion hazard is slight on RdA soils. The Plymouth series consists of deep, excessively drained, coarse-textured soils that formed in a mantle of loamy sand or sand over thick layers of stratified coarse sand and gravel. The hazard of erosion is slight on P113 soils. The Montauk series consists of deep, well drained to moderately well drained, moderately coarse textured to medium-textured soils that formed in fine sandy loam or in a mantle of silt loam and loam. The hazard of erosion is moderate to slight on MfB soils. The topography and soils on the majority of the site do not appear to present severe development constraints, although there are steep slopes associated with a bluff in the northern portion of the property. Wetlands The site contains approximately 447 feet of frontage on Long Island Sound. Although the site does not contain vegetated tidal wetlands, the property is located within the jurisdictional limits of NYSDEC under Article 25 (tidal wetlands). The NYSDEC regulates activities within and adjacent to tidal wetlands and the subdivision of property is a regulated activity under Article 25. Although the subdivision as currently proposed is minor in nature and the proposed lot line creating an additional lot is located beyond the jurisdictional limits of the NYSDEC, it is recommended that the NYSDEC be contacted to determine if the proposed action would require a permit. The site does not contain NYSDEC designated freshwater wetlands. Water Resources Public water is supplied to the general area by the Suffolk County Water Authority, although the site itself is not specifically connected to public water. The applicant has submitted an application to the SCWA for a public water supply to the existing house on the property. The closest water main to the site is located on Main Street (SR 25) (12 inch main), located between The Long Way and Rocky Point Road. The Rocky Point Road Well Field & Pump Station is located on the east side of Rocky Point Road. The elevation of groundwater beneath the subject site is less than 3 feet above mean sea level (msl) according to the 1999 SCDHS water table map. The topographic elevation on the majority of the site ranges from approximately 35 to 60 feet above msl, with the northern portion of the site adjacent to the Long Island Sound ranging from approximately 5 to 25 feet above msl, based on the prepared cluster set off plan. Therefore, the minimum depth to groundwater is approximately 2 to 22 feet along the northern portion of the property and 32 to 57 feet for the remainder of the property. The direction of groundwater flow is expected to be towards the north toward the Long Island Sound. SUMMARY&RECOMMENDATIONS The proposed action involves the subdivision of a 32.8503 acre parcel into 2 lots with the following lot sizes: Lot 1 is 1.087 acres and Lot 2 totals 31.7633 acres in size. Based on the proposed Cluster Set-Off Plan provided by the applicant, the proposed application would create 2 ir NELSON. POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 4 • Ghassemi @ East Marion Environmental Review NP&V#01245 lots in which no further development is proposed. The plan indicates that the development rights within Lot 2 will be sold to Suffolk County, although the Planning Board has stated that a contract with the County has not been negotiated and that the notation on the plan should be removed. As such, the future development potential within Lot 2 is unknown and would require further review once the applicant's intentions with this parcel is determined. Should the applicant enter into an agreement with the County, the need for the proposed 25' right of way along length of the western perimeter would not be expected to be necessary as the purchase of development rights within this parcel would eliminate future development potential. If the right of way is deemed necessary, the 31.7633 acres currently proposed for development right transfer would be reduced and should be indicated on the plan. As the Planning Board has indicated that the development right notation for Lot 2 should be removed from the subdivision map, a subdivision map indicating the future development potential within this Lot should be submitted for further review. This is vital should the applicant seek to pursue a cluster subdivision. For purposes of this report, it was assumed that the development rights within Lot 2 will be sold to Suffolk County and as a result, no significant adverse environmental impacts would be expected. Should the Planning Board seek to approve the 2-lot subdivision, it is recommended that a conditional approval be granted such that the future yield within Lot 2 excludes the area proposed for development right transfer. If development rights will not be transferred as a result of this application, the applicant should indicate the validity of the proposed "cluster" subdivision. Further, it should be noted that the northern portion of the site contains several environmentally sensitive features such as tidal wetlands, steep slopes, etc., and as such, would be subject to additional restrictive regulations should this area be proposed for future development. In conclusion, it appears that additional information is necessary prior to rendering a decision on the 2 lot subdivision particularly as the future development potential within Lot 2 is unknown. if NELSON. POPE 6 VOORHIS, LLC ENVIRONMENTAL . PLANNING . CONSULTING Page 5 • • Ghassemi @ East Marion _t 6'h- Environmental Review NP&V#01245 ENVIRONMENTAL ASSESSMENT REVIEW ENVIRONMENTAL AND PLANNING CONSIDERATIONS GRASSEMI @ EAST MARION Prepared for: Valerie Scopaz Town of Southold Planning Board Office, Town Hall 53095 Main Road Southold, New York 11971-0959 Prepared by: Nelson, Pope &Voorhis, LLC 572 Walt Whitman Road Melville,New York 11747 Date: August 6, 2001 The Town of Southold Planning Board has retained Nelson, Pope & Voorhis, LLC (NP&V) for consulting services in review of the above referenced application. The proposed action involves the subdivision of a 32.8503 acre parcel into 2 lots with the following lot sizes: Lot 1 isl.5168 acres and lot 2 is 31.3335 acres. The type of subdivision is considered a "cluster set off'. Lot 1 currently contains a two story house, garage, shed, barn, and a dilapidated cottage. The majority of Lot 2 is currently utilized agriculturally, with the northern portion remaining forested. Although not specified on the subdivision map, the applicant has indicated that the development rights on approximately 20 acres with Lot 2 will be sold to Suffolk County. Additionally, the applicant has indicated that the remainder of the Lot 2 may be subdivided in the future. This document analyzes the site and area resources including topography, soils, water, land use, zoning and transportation and other available information. Location and Site Overview The project site is located on the north side of Main Road (SR 25), approximately 250 feet east of The Long Way, in East Marion, Town of Southold, County of Suffolk. The subject property can be more particularly described as SCTM number 1000-31-01-01. The parcel contains a total Page 1 • . G6assemi @ East Marion Environmental Review NP&V#01245 of 120 feet of road frontage along Main Road (SR 25). The parcel currently contains a residential dwelling, garage, shed, barn, and a dilapidated cottage. The majority of the site's interior is utilized agriculturally. The Long Island Sound is located north of the project site, with the northern property boundary having approximately 447 feet of frontage on the Long Island Sound. The site does not contain any vegetated tidal wetlands, however a portion of the site is located within the jurisdictional limits of the NYSDEC under Article 25 of the Environmental Conservation Law (ECL). The site does not contain any known historically and ecologically significant resources, although the site is depicted on the NYS Office of Parks, Recreation and Historic Preservation (NYS OPRHP) Circles and Square Map as being located within an area having multiple site sensitivity. This review will discuss the proposed project and its potential impact on the land resources. Proposed Project The proposed project involves the subdivision of a 32.8503 acre parcel into 2 lots. Lot 1 will occupy the southern portion of the site and totals 1.5168 acres in size with Lot 2 occupying the northern portion of the site totaling the remaining 31.3335 acres. Lot 1 has 120 feet of frontage along Main Road (SR 25). Lot 2 will be accessed off of Main Road (SR 25) via a proposed 25 foot right of way located in the southeast corner of Lot 1. The existing residential dwelling, garage, shed, barn, and cottage is located within Lot 1 and is expected to remain following subdivision approval. As indicated on the Subdivision Application prepared by the applicant, development rights on approximately 20 acres will be sold to Suffolk County, although the subdivision map does not indicate where on the property the development rights will be sold. It is expected that the development rights to be sold will occur within the site interior (or a portion of Lot 2)that is presently utilized agriculturally. The applicant has indicated that the remainder of Lot 2, or approximately 11 acres, located adjacent to the Long Island Sound may be subdivided in the future. Future development of the northern portion of the lot requires several issues that must be addressed at this time, which are further discussed below. Land Use and Zoning The project site is located in an area of residential and agricultural land. Residential and agricultural land uses, as well as vacant undeveloped land, are located west of the project site and agricultural and vacant undeveloped land are located to the east of the project site. The subject site is zoned R-80 Residential, which requires a minimum lot size of 80,000 SF, a lot coverage not to exceed of 20% of the lot area, and a livable floor area of 850 s.f per dwelling. The proposed Lot 1 does not meet the dimensional requirements within the R-80 zoning district, however, the layout would be considered a cluster "set-off' due to the transfer of development rights within Lot 2 to Suffolk County. The use of clustering may yield smaller lots based on an approved overall yield in order to preserve agricultural land and allows dimensional requirements to be reduced in order to maintain a larger part of the site in agricultural use. The Page 2 • • Ghassemi @ East Marion Environmental Review NP&V#01245 proposed 2 lot subdivision created by the cluster "set-off' development should not require zoning variances, particularly as no future development is proposed at this time. R-40 Residential zoning is located to the west and south of the site, and R-80 Residential zoning is located east of the site. The project is in harmony with various Town watershed management and farmland protection planning documents and initiatives by retaining a large contiguous area of agricultural farmland. The land use and zoning impacts of the proposed project are expected to be minimal. Traffic Generation As currently proposed, no future development will occur on site and therefore the proposed project will not generate additional traffic to the area. Further subdivision of the northern portion of the site to allow for the construction of single family dwellings would not be anticipated to generate significant additional traffic to the area, although impacts associated with future development cannot be assessed at this time. Due to the location of the site and consideration of area roadways, a slight increase in trip generation at the site would not be expected to have a significant impact on the area roadways. Soils and Tonoeranhv The property does not contain any significant landforms or geological features. The Suffolk County soil survey (Warner, 1975) identifies five soil types on the subject site, which consist of the following: Riverhead sandy loam, 3 to 8% slopes (RdB), Riverhead sandy loam, 0 to 3% (RdA), Haven loam, 0 to 2% slopes (HaA), Plymouth loamy sand, 3 to 8% slopes (PIB), and Montauk fine sandy loam, 3 to 8% slopes (MfB). The Haven Loam series is described within the Suffolk County Soil Survey as land which is suitable for development, with good leaching potential. The hazard of erosion hazard is slight on HaA soils. The Riverhead series consists of deep, well-drained moderately coarse textures soils that formed a mantle of sandy loam or fine sandy loam over thick layers of coarse sand and gravel (Warner, 1975). The soil survey lists the erosion hazard for RdB as moderate to slight and the main concerns of management involve controlling runoff and erosion and providing adequate moisture for landscaping/agriculture. The erosion hazard is slight on RdA soils. The Plymouth series consists of deep, excessively drained, coarse-textured soils that formed in a mantle of loamy sand or sand over thick layers of stratified coarse sand and gravel. The hazard of erosion is slight on PIB soils. The Montauk series consists of deep, well drained to moderately well drained, moderately coarse textured to medium-textured soils that formed in fine sandy loam or in a mantle of silt loam and loam. The hazard of erosion is moderate to slight on MfB soils. The topography and soils on the majority of the site do not appear to present severe development constraints, although there are steep slopes associated with a bluff in the northern portion of the property. Page 3 • Ghassemi @ East Marion Environmental Review NP&V#01245 Wetlands The site contains approximately 447 feet of frontage on the Long Island Sound. Although the site does not contain vegetated tidal wetlands, the property is located within the jurisdictional limits of NYSDEC under Article 25 (tidal wetlands). The NYSDEC regulates activities within and adjacent to tidal wetlands and the subdivision of property is a regulated activity under Article 25. Although the subdivision is minor in nature and the proposed lot line creating an additional lot is located beyond the jurisdictional limits of the NYSDEC, it is recommended that the NYSDEC be contacted to determine if the proposed action would require a permit. The site does not contain freshwater wetlands. Water Resources Public water is supplied to the general area by the Suffolk County Water Authority, although the site itself is not specifically connected to public water. The applicant has submitted an application to the SCWA for a public water supply to the existing house on the property. The closest water main to the site is located on Main Street (SR 25) (12 inch main), located between The Long Way and Rocky Point Road. The Rocky Point Road Well Field & Pump Station is located on the east side of Rocky Point Road. The elevation of groundwater beneath the subject site is less than 3 feet above mean sea level (msl) according to the 1999 SCDHS water table map. The topographic elevation on the majority of the site ranges from approximately 35 to 60 feet above msl, with the northern portion of the site adjacent to the Long Island Sound ranging from approximately 5 to 25 feet above msl, based on the prepared cluster set off plan. Therefore, the minimum depth to groundwater is approximately 2 to 22 feet along the northern portion of the property and 32 to 57 feet for the remainder of the property. The direction of groundwater flow is expected to be towards the north toward the Long Island Sound. SUMMARY& RECOMMENDATIONS The proposed action involves the subdivision of a 32.8503 acre parcel into 2 lots with the following lot sizes: Lot 1 is 1.5168 acres and Lot 2 totals 31.3335 acres in size. In conclusion, the proposed application would create 2 lots in which no further development is proposed at this time. As indicated on the Subdivision Application prepared by the applicant, development rights on approximately 20 acres will be sold to Suffolk County, although the Cluster Set Off map does not indicate where on the property this will occur. It is recommended that the Cluster Set Off map be revised to depict this area. For purposes of this report, it was expected that the development rights to be sold to Suffolk County will occur within the site interior (or the southerly portion of Lot 2) that is presently utilized agriculturally. As a result of the current application, no significant adverse environmental impacts would be expected. However, the applicant has indicated that the northern portion of the site may be subdivided in the future creating potential cumulative impacts if not considered at this time. It should be noted that once the development rights have been purchased by Suffolk County, the northern portion of the site would be land-locked and would not be accessible by the presently proposed 25 foot Page 4 Ghassemi @East Marion Environmental Review NP&V#01245 right of way, unless consideration for this feature was included and/or depicted on the currently considered map. Should the proposed 25 foot right of way be extended through the central portion of Lot 2 to the north, the 20 acres currently proposed for the development right transfer would be significantly reduced or the northerly limit of the development right transfer area would have be to reconfigured such that the 25 foot right of way is not calculated into this area. Should the Planning Board seek to approve the 2-lot subdivision, it is recommended that a conditional approval be granted such that the future yield within Lot 2 excludes the area of transferred development rights. Further, it should be noted that the northern portion of the site contains several environmentally sensitive features such as tidal wetlands, steep slopes, etc., and as such, would be subject to additional restrictive regulations. In conclusion, the future subdivision of Lot 2 necessitates addressing several issues in the current application which include issues associated with access, yield, ownership and environmentally sensitive features. Page 5 PLANNING BOARD MEMBERS �OgUFFO(,t-C BENNETT ORLOWSKI,JR. Town Hall, 53095 State Route 25 Chairman y` P.O. Box 1179 WILLIAM J. CREMERS N Z Southold, New York 11971-0959 KENNETH L. EDWARDS T Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. .f• `� Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 16, 2001 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Cluster Set-Off for Sy and Catherine Ghassemi North Side of Main Road, East Marion SCTM# 1000-31-1-1 Dear Ms. Sumner: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, October 15, 2001: WHEREAS, this proposed cluster set-off is to set off a 1.087 acre lot from a 32.8503 acre parcel; and WHEREAS, this parcel is located within the Low-Density Residential R-80 Zoning District; be it therefore RESOLVED that the Southold Town Planning Board grant sketch approval on the map, dated September 24, 2001, with the following conditions: 1. The area of the right-of-way located within Lot 1 must be indicated. This area shall not be included in the yield calculation for Lot 1. 2. Lot 1 has been designed as a clustered lot. Therefore, a condition must be placed on Lot 2 that the yield for this lot must be determined by first excluding the reserved subdivision area. (The exact area is to be determined upon calculating the area of\^, ,K the right-of-way, and excluding such from the 80,000 square foot R-80 requirement.) The exact amount of land to be excluded from the yield of Lot 2 is to be noted on the map and in a Declaration of Covenants and Restrictions. Ghassemi — Page Two — October 16, 2001 3. Lot 1 includes a house, garage, barn and dilapidated cottage. The dilapidated cottage must be removed. This must be shown on the map and included in a Declaration of Covenants and Restrictions. 4. Lot 2 is accessed by a right-of-way over Lot 1. Any further subdivision of Lot 2 will require improvements in accordance with the Town Highway Specifications within this right-of-way. 5. The sketch plan shows a 25' right-of-way within Lot 2. Since this right-of-way does not exist, the designation should be eliminated. 6. As of this date, the applicant and the County have not entered into a contract for the Sale of Development Rights. A notation in regard to Development Rights should not be included on Lot 2 unless such a contract has been negotiated. If a contract is negotiated, the area proposed for the Development Rights Purchase should be shown on the final map. 7. A common curb cut within the 25' right-of-way on Lot 1 is to be used to provide access to both Lot 1 and Lot 2. All other curb cuts are to be eliminated. 8. The final plat must be prepared at a scale of 1:100, or an insert at this scale must be provided; and, be it further RESOLVED, that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps (six paper prints and two mylars) must be submitted before a final public hearing will be set. The final maps must contain a current stamp of Health Department approval and, if public water is to be provided, a valid water contract from the Suffolk County Water Authority must be submitted. The Planning Board has reviewed the property and has decided that it is inadequate in size for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required as per Section A106-38(e) of the Town Code. The amount required shall be $5,000.00 (five thousand dollars per vacant lot in the subdivision.) Payment is required prior to any final endorsement of the subdivision. A Declaration of Covenants and Restrictions in accordance with the conditions of sketch approval must be submitted. In addition to the conditions noted in the sketch approval, the Declaration is to include the standard language in regard to modification and enforcement required by the Planning Board for all Declarations. After the Planning Board's approval of the document, it must be recorded in the County Clerk's Office prior to any endorsement of the final plat. A notation is to be placed on the final plat that a Declaration of Covenants and Restrictions has been filed in accordance with the PLANNING BOARD MEMBERS �Q$UFFQ��YC BENNETT ORLOWSKI,JR. =O OGy Town Hall, 53095 State Route 25 Chairman P.O. Box 1179 WILLIAM J.CREMERS N Southold, New York 11971-0959 KENNETH L. EDWARDS 5 Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. .fr O�� Fax (631) 765-3136 RICHARD CAGGLANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 2001 Mr. Charles Voorhis Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 Re: Review of EAF for Sy & Catherine Ghassemi SCTM#1000-31-1-1 Dear Mr. Voorhis: The Southold Town Planning Board hereby refers the Environmental Assessment Form for the above-mentioned subdivision to your office for review. Also enclosed are: 1. Map dated September 24, 2001; 2. Planning Board resolution dated October 16, 2001. The Planning Board started the lead agency coordination process on October 15, 2001. The $500. review fee has been submitted by the applicant. Please submit your report no later than November 12, 2001. The purchase order will be sent to you under separate cover. Please contact this office if there are any questions regarding the above. Very truly yours, - Ax Valerie Scopaz, AICP Town Planner Enc. PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. ,r� ��j Town Hall, 53095 State Route 25 Chairman ?� P.O. Box 1179 WILLIAM J.CREMERS N Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Hifi Fax (631) 765-3136 RICHARD CAGGIANO ��l �N PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 2001 Cynthia Goldsmith, Secretary East Marion Fire District P.O. Box 131 East Marion, New York 11939 Dear Ms. Goldsmith: Enclosed please find one (1) survey for the Set-Off for Sy & Catherine Ghassemi located on the Main Road in East Marion. SCTM# 1000-31-1-1 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. WThe 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. Very ery truly yours, V Valerie Scopaz, AICP Town Planner enc. 0 PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. 0 OG Town Hall, 53095 State Route 25 Chairman _� y� P.O. Box 1179 WILLIAM J. CREMERS H Southold, New York 11971-0959 KENNETH L. EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Oiji `� Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ca4obe e- lb 2001 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: Ctervs �RSsern� Requested Action: GCrffi #I o0O-31 - I - 1 to sed-cg at clps�cRed 1.097 atfe la} -Crbm Ck 32.$503 acre parcel SEQRA Classification: ( ) Type I ` 1 (� Unlisted Contact Person: Vader i� SCooa'Z. (631) 765-1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (EIS) 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. Planning Board Position: (}C) 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. ( ) Other (see comments below) Comments: —'11 ease. See qAx ,k -�'kann%Nc 1� f-c� \e4ev- 84e� 1011LI of II `4ot a4Ui-kibNGuC \K)�WVWCAia `N �ef"Ea��ni��S '� k\\s QPvlic&7 W Please feel free to contact this office for further information.. Very truly nyours, Bennett Orlowski, Jr. Chairman cc: Uearl e€AffpeaFs Building Department Southold Town Board ,*Suffolk County Department of Health Services NYSDEC - Stony Brook U.S. Army-earp-Ort'llghvurs *New York State Department of Transportation r 4 Suffolk County Water Authority 'Maps are enclosed for your review PLANNING BOARD MEMBERS ��gUFFO(,I c BENNETT ORLOWSKI,JR. =.2.� Gy Town Hall, 53095 State Route 25 Chairman J2 P.O. Box 1179 WILLIAM J.CREMERS h - Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. �ij. O`� Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ot' oA#rz 16 2001 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 County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Sy iCathcrtnc 6h%456em� Hamlet/Locality: FaS'T Mar�00 S.C.D.P.W. Topo No.: Zoning: R-so S.C. Tax Map No.: 1000 - $1 - t - 1 Major Sub. Minor Sub.)04 Site Plan Cluster Lot Line Change 'KCluste c se'>;.of f MATERIAL SUBMITTED: Skclell �/�ec�e�41zy�ol Pre4mik my Plat (3 copies)! Road Profiles (1) Drainage Plans (1) Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) (%')TS TeSoWkCat) of SIC66. 0'9cw«Q cSo$xb '016(01 Waiver of Subdivision Requirements - See attached sheet 0 Page 2 Southold Town Planning Board Referral Referral Criteria: lysyl soe of su+e IZai . SEORA STATUS: 1. The project is an (X) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A ( ) Negative Declaration \� SAC f' ec LPA CoORDiNw'=a-p 't>k)01 ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes (x) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes (,c )No Comments: n 1 / rXQ�ee o Aep 1l r n a tiv�lmirw o+V ( � XQ e r2 �AXtJ�J We request acknowledgement of receipt of this referral ( ) Yes ( ) No Referral received 2001 by the Suffolk County Planning Commission and assigned File No. Sincerely, Bennett Orlowski, Jr. /H S Chairman PECONIf�,LAND 'TRUST 2!6 K'a 'r..m Iko .U.&.1776,Soad...... NY 11969 (6.31J 2.47}195 Pax:(631)3114, 0711 Vs/r� September 25, 2001 The Honorable Bennett Orlowski Jr. Chairman Town of Southold Planning Board 53095 State Route 25 PO Box 1.179 Southold, NY 11971-0959 SEP 4 6 LUu I Re: Ghassemi Cluster Set-Off ;.'Out ..r. rIM 1' : t ,loi� Ef783'(7 Dear Chairman Orlowski: As you know we submitted an application for approval on the above referenced piece on July 3'1, 2001. F,nclosed please find a set of revised plans, which reduces the area of the existing house lot to be set off and increases the area of farmland to be protected. Should you have any questions or need additional information, please contact me at (631) 283-3195 ext. 26. Sincerely, Marian P, Sumner PECONAAND TRUST 296 Hampton Road,P.O.Box 1776,Southampton,NY 11969 (631)283-3195 Fax: (631)204-0711 w ..pecomdandtrust.org August 9, 2001 The Honorable Bennett Orlowski, Jr. Town of Southold Planning Board w 53095 Main Road PO Box 1179 AUG 10 2N1 Southold, NY 11971-0959 Re: Ghassemi Cluster Set-Off SoutholdTown Bo&d Dear Chairman Orlowski: Attached please find a copy of the deed and mortgage for the above-referenced project. It was inadvertently left out of the original submission package. I would like to be present when the Planning Board reviews the submission. Regarding meeting notification, I can be reached at 283-3195 ext. 26. Sincerely, Marian P. Sumner Director of Conservation Programs 4,kin-08-01 09: 37A GHAS MI PHOEL & CO_ • P_01 rmrn 8003- n".and we Teal,with r'nv~1 gtaimt Grmtafe Ac» Ih Mdw"Cr radw (eutgle.h�) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 4�—day of August, Two Thousand IIETWEF.N RANDALL W. LACEY, residing at 17267 122n1 Drive North, Jupiter, Florida 33478, party of the first part, and SY GHASSEMI. and CATHERINE P. GHASSEMI, husband and wife, residing at 23 Langdon Place, Lynbrook, New York 11563 party of the second part, WITNESSETH, that the party of the first part, in consideration of"Pen Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (S.R. 25) at the southwesterly corner of land now or formerly of Barbine, said point also being distant westerly 831.67 feet as measured along same from the intersection of the northerly side of Main Road (S.R. 25) with the westerly side of Rocky Point Road; RUNNING THENCE along the northerly side of the Main Road (S.R. 25), South 56 degrees 13 minutes 40 seconds West, 120.00 feet; North 19 degrees 47 minutes t0 seconds west 370.39 feet; North 72 degrees 25 minutes 10 seconds Fast 144.42 feet; North 16 degrees 35 minutes 20 seconds West 239.60 feet; North 16 degrees 14 minutes 00 seconds West 90.07 feet; North 15 degrees 10 minutes 00 seconds West 213.04 feet; North 12 degrees 37 minutes 40 seconds West 153.04 feet; North 13 degrees 56 minutes 20 seconds West 285.0 feet; North 13 degrees 36 minutes 40 seconds West 262.01feet; North 15 degrees 39 minutes 30 seconds West 200.09 feet; North 13 degrees 56 minutes 20 seconds West 200.0 feet; North 13 degrees 01 minutes 50 seconds West 505.25 feet; - ,Iun-08-01 09: 37A GHAS I PHOEL & CO. . P.02 North 13 degrees 00 minutes 20 seconds West 132.76 feet; North 11 degrees 47 minutes 00 seconds West 126.63 feet; North 13 degrees 40 minutes 10 seconds West 446.72 feet; North 12 degrees 41 minutes 40 seconds West 314.36 feet; North 13 degrees 26 minutes 40 seconds West 557.97 feet; North 13 degrees]1 minutes 30 seconds West 436.67 feet; North 13 degrees 54 minutes 10 seconds West 816.76 feet; North 15 degrees I8 minutes 10 seconds West 248.64 feet to the southerly side of the Long Island Sound; THENCE along the southerly side of the Long Island Sound on a tie line course bearing North 23 degrees 03 minutes 30 seconds East 447.39 feet to the westerly boundary line of land now or formerly of Kanev; RUNNING THENCE South 13 degrees 59 minutes 40 seconds East 923.41 feet; THENCE South 13 degrees 23 minutes 50 seconds East 592.86 feet; THENCE South 13 degrees 05 minutes 50 seconds East 4136.64 feet to the northerly boundary line of land now or formerly of Bellardo; RUNNING THENCE along said last mentioned land and along land now or formerly of Barbine, South 57 degrees 39 minutes 00 seconds West 219.98 feel; RUNNING THENCE along the westerly boundary line of land now or formerly of Barbine, South 15 degrees 27 minutes 00 seconds East 200.I3 feet to the northerly side of Main Road at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed from Lili Ann Birsten, dated August 11, 1982, and recorded September, 8, 1982, in the Office of the Suffolk County Clerk in Liber 9237, Page 485; and by deed from County of Suffolk, dated June 9, 1994, and recorded July 27, 1994, in the Office of the Suffolk County Clerk in Liber 11687, Page 155. TOGETHF,R with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO RAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not (tone or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. r Jpn-08-01 09: 38A GHAS I PHOEL 8 CO. . P.03 AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE.OF: RA DALL W. LACEY v J,un-08-01 09: 38A GHAS I PHOEL & CO. • P.04 STATE OF NEW YORK) COUNTY OF SUFFOLK) On the / day of August, 2000, before me, the undersigned, personally appeared Randall W. Lacey, 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. /Nqt� Public `/// LIIt ryLLlll J.InIu11,tlI Notary Public,Stale n1 New York No 011-A497J:05 Cornml�Sioln Expires OcL 15,2. 0-V Tun-08-01 09: 38A GHAS I PHOEL & CO. P.05 NY 011• t%rct Meng"'tadi ud or Cn,pornliun(NyRTu 5016) E BBFORH SI4N1mG THZjraTRUMENT•THIS tNS[RU $ MElfr SHOULD �SED CONSULT YOUR LA BY LAwYELtS ONLY �. day of August ina1Oy� Two Th}()Usand THIS MORTGAGE,made the i BETWEEN SY GHASSBMI and CATHERINE p. GIiASSEmy,,� husband and wife, residing at 23 Langdon place, Lynbrook, New York 11563 the mortgagor, and RANDALL W. LACEY, residing at 17267 122nd Drive North, Jupiter, Florida 33478 the mortgagee, WrrNESSETH,that to secure the payment of an indebtedness in the sum of dollars, FIVE HUNDRED THOUSAND ($ 00 , 000 .00) lawful money of the United States,to be paid percentum with interesttheretnttobecomputedfr°mdcdatehereaf,attheratcof n2000 (9exitnsuin and pa annum.andtobepafter, h fo Z heat'ext 179ber months,ttat ye monthly amortization ing monthly thereafter, payment Of $5,,071.33 according to a certain bond, note or obligation bearing even date herewith,the mortgagor hereby mortgages to the mortgagee ALL that certain plot,pig or parcel of land,with the buildings and improvements thereon crated,situate,ging and being N 1hISx at East Marion, Town of Southold, County of Suffolk and State of New York, more particularly described on the annexed Schedule District 1000 Sauud 031 .00 Blxr 01.00 Letts) 001.00 qun-08-01 09: 38A GHASWI PHOEL & CO. P.06 TOGETHER with all right, title and interest of the mortgagor in and to the land lying in the street; and roads in front of and adjoining said premises; TOGt;l'HER with all fixtures,chattels and articles of personal property now or hereafter attached to or used in connection with said premises, including but not limited to furnaces, boilers, oil humers, radiators and piping, coal sinkers, plumbing and bathroom fixtures,refrigeration,air conditioning and sprinkler systems,wash-tubs,sinks,gas and electric fixtures,stoves,ranges, awnings,screens,window shades,elevators,motors,dynamos,refrigerators,kitchen cabinet;,incinerators,plants and shrubbery and all other equipment and machinery,appliances,fittings,and fixtures of every kind in or used in the operation of the buildings standing on said premises,together with any and all replacements thereof and additions thereto; TOGETHI?R with all awards heretofore and hereafter made to the mortgagor for taking by eminent domain the whole or any part of said promises or any easement therein, including any awards for changes of grade of streets, which said awards are hereby assigned to the mortgagee,who is hereby authorized to collect and receive the proceeds of such awards and to give proper receipts and acquittances therefor, and to apply the same toward the payment of the mortgage debt, notwithstanding the fact that the amount owing thereon may not then be due and payable;and the said mortgagor hereby agrees,upon request,to make,execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning said awards to the mortgagee, free, clear and discharged of any encumbrances of any kind or nature whatsoever. AND the mortgagor covenants with the mortgage as follows: L That the mortgagor will pay the indebtedness as hereinbefore provided. 2, That the mortgagor will keep the buildings on the premises insured against loss by lire for the benefit of the mortgagee;that he will assign and deliver the policies to the mortgagee; and that he will reimburse the murtgagec for any premiums paid for insurance made by the mortgagee on the mortgagor's default in so insuring the buildings or in so assigning and delivering the policies. 3. That no building on the premises shall be altered,removed or demolished without the consent of the mortgagee. 4. 'That the whole of;aid principal sum and interest shall become due at the option of the mortgagee:after default in the payment of any instalment of principal or of interest for fifteen days; or after default in the payment of any tax, water rate,sewer rent or assessment for thirty days after notice and demand;or after default after notice and demand either in assigning and delivering the policies insuring the buildings against loss by fire or in reimbursing the mortgagee for premiums paid on such insurance, as hereinbefore provided;or after default upon request in furnishing a statement of the amount due on the mortgage and whether any offsets or defenses exist against the mortgage debt, as hereinafter provided. An assessment which has been made payable in instalments at the application of the mortgagor or lessee of the premises shall nevertheless, for the purpose of this paragraph,be deemed due and payable in its entirety on the day the first instalment becomes due or payable or a lien. 5. That the holder of this mortgage, in any action to foreclose it,shall he entitled to the appointment of a receiver. 6. That the mortgagor will pay all taxes,assessments,sewer rents or water rates,and in default thereof,the mortgagee may pay the same. 7. That the mortgagor within five days upon request in person or within tell days upon request by mail will furnish a written statement duly acknowledged of rhe amount due an this mortgage and whether any offsets or defenses exist against the mortgage debt. g. 77hat notice and demand or request maybe in writing and may be served in person or by mail. 9. That the mortgagor warrants the cite to the premises. 10. That the fire insurance policies required by paragraph No.2 above shall contain the usual extended coverage endorsement; that in addition thereto the mortgagor,within thirty days after notice and demand,will keep theprenuses insisted against war risk and any other hazard that may reasonably he required by the mortgagee.All of the provisions of paragraphs No.2 and No.4 above relating to fisc insurance and the provisions of Section 254 of the Rcxl Property Law construing the same shall apply to the additional insurance required by this paragraph. ,, n... nr a -m h themnf ac mAv lie,affected by this mungatte.ntav besold in one parcel. • 12. Thu; if any action or procting be commenced(==pt an action to forecloseVmortgagc or to collect the debt secured thereby),to which action or proceeding the mortgagee is made a party,or in which it becomes necessary to defend or uphold the lien of this mortgage, all sums paid by the mortgagee for the expense of any litigation to prosecute or defend the rights and lien created by this mortgag. (including reasonable counsel fees),shall he paid by the mortgagor,together with interest thereon at the race of six per cent per annum,and any such sum and rhe interest thereon shall be a lien on said premises,prior to any right,or title to,interest in or claim upon said premises attaching or accruing subsequent to the lien of this mortgage,and shall be deemed to be secured by this mortgage.In any action or proceeding to foreclose this mortgage,or to recover or collect the debt sectored thereby, the provisions of law respecting the recovering of costs,disbursements and allowances shall prevail unaffected by this covenant 13. That the mortgagor hereby assigns to the mortgagee the rents,issues and profits of the premises as further security for the payment of said indebtedness,and the mortgagor grants to the martgagcc the right to enter upon and las take possession of the premises for Ute purpose of collecting tow shine and to let the premiers or any part thereof,and to apply the rents,issues and profits, • Jun-08-01 09: 39A GHAS fSI PHOEL & CO. • P•07 RIDER TO MORTGAGE Dated: August LL , 2000 Between By Ghassemi and Catherine P. Ghassemi, as Mortgagors And Randall W. Lacey, as Mortgagee 1. The Mortgagors herein, and successors, shall keep the premises insured against fire in an amount not less than eighty (80%) percent of the replacement cost of the structures thereon and insure Randall W. Lacey's interest as Mortgagee. 2. The assumption of this Mortgage shall be prohibited without the written consent of the Mortgagee. 3. All unpaid principal and accrued interest shall be due and payable upon the sale or transfer of the premises at the option of the Mortgagee, notwithstanding the 'release from mortgage lien" provisions hereinafter set forth after expiration of notice and right to cure, as set forth in Paragraph --13. 11 4. The interest rata will be increased to sixteen (16%) percentum per annum on the unpaid principal balance in the event of a default in the payment of an amortization payment thereunder for a period exceeding twenty-one (21) days from the due date of such amortisation payment, and provided that the notice provision in Paragraph "Ill' has been complied with and the time to cure the default has expired. S. In the event of a foreclosure, the Mortgagors or Mortgagors' successor in interest shall be responsible for reasonable attorney's fees incurred by the Mortgagee in the event of such foreclosure. G. The Mortgagors or Mortgagors' successor in interest shall exhibit a paid receipt for any and all real property taxes due on the mortgaged premises within thirty (30) days of the due date for the payment of any such taxes, to the Mortgagee. 7. There shall be a late charge niforanyamount of lou amortization percent of the amortization payor Y payment that is not made within ten (10) days of the due date. 8. In the event of the sale or transfer of all or part of the premises prior to two (2) years from the date of a®close =g annum the interest rate shall increase to sixteen (16%) p retroactive to the date of closing, except as sat forth in Paragraph 13. " 1 Jun-08-01 09: 39A GHASWI PHOEL & CO. • P.08 notwithstanding: In the evenV All other previsions not t that g Mortgagors shall obtain all necessary governmental approvals for the division of the property into not less than four (4) lots with two (2) of said lots abutting Long Island Bound, Mortgagors shall have the right to sell the development rights on any one (1) lot so created not abutting Long Island sound or NYS Route 25 to any governmental entity, and Mortgagors shall be entitled to a release of lien of the mortgage -from the development rights,"010 0e 1 The Mortgagors shall be required with to Provide guaranteed t theurveys of both the subject property total square footage and the premises to be released with the calculation of the square footage of that area together with a metes and bounds description of the premises proposed to be released. Any such release shall be drawn by the attorney of the Mortgagee at the expanse of the Mortgagor in the amount of $350.00. 9. The Mortgagors shall be entitled to releases of the lien of the mortgage subsequent to two (2) years from the data of closing, which releases shall be held upon the following terms and conditions: In the eventthlr division t for lof the propertygors shall obtain all nintoanot governmental approvals leas than four (4) lots with two (a) of said lots abutting Long Island Bound: (1) Mortgagors shall be entitled to a release of the mortgage lien for any lot abutting Long Island sound for the release consideration calculated as follows: the square footage of area to be released from the mortgage lien divided by the total square footage of the subject property and the quotient thereof multiplied by 200% and the result thereof multiplied by then outstanding principal balance of the mortgage. (2) Mortgagors shall be entitled to a release of the mortgage lien for any lot not abutting Long Island Bound for the release consideration calculated as follows: the square footage of area to be released from the mortgage lien divided by the total square footage of the subject property and the quotient thereof multiplied by 110% And outstanding the result thereof multiplied by principal balance of the mortgage- The Mortgagors shall be required to provide guaranteed surveys of both the subject property, with the calculation of the total :quare footage and the premises to be released with the calculation of the square footage of that area together with a motes released.d bounds Any suchereleaseo shall be drawntion of the bytheoaosed to be ttorney for 2 Jun-08-01 09: 39A GHASWI PHOEL & CO_ • P.09 the Mortgagee at the expense of the Mortgagors in the amount of $3so.00. 10. The Mortgagors shall have the privilege of prepayment in whole or in part of the mortgage, without penalty, after two years of the date of closing. 11. Notwithstanding any contrary provision in this mortgage, prior to declaring a default for failure to timely pay any interest or principal payment, the Mortgagee will send written notice, by certified or registered mail, return receipt requested, or personally deliver written notice, notifying the Mortgagors of such default and permitting a right to cure such default within thirty (30) days of the mailing or personal delivery of the notice. Notice shall be mailed to the address of the Mortgagors or to such other address as requested by the Mortgagors in writing and delivered to the Mortgagors by certified or registered mail, return receipt requested. 12 . Mortgagee will promptly execute all consents and disclosures necessary for sale of development rights, subdivision or permit applications, and covenants and restrictions required by the foregoing process, this paragraph to survive delivery of the dead. 13. Mortgagor may transfer the property to Gbassemi a Co. , LLC, a New York Limited Liability Company, Mortgagor to remain personally liable on the terms of the Mortgage and for payment and collection of payment under the terms of the Mortgage. QCAEIA S Mor gago I G , Mortgagor 3 Jun-08-01 09:40A GHASWI PHOEL & CO. • P. 10 SCHEDULE "A" ALL THAT CERTAIN plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Fast Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (S.R. 25) at the southwesterly corner of land now or formerly of Barbine, said point also being distant westerly 831.67 Feet as measured along same from the intersection of the northerly side of Main Road (S.R. 25)with the westerly side of Rocky Point Road, RUNNING THENCE along the northerly side of the Main Road (S.R. 25), South 56 degrees 13 minutes 40 seconds West, 120.00 feet; North 19 degrees 47 minutes 10 seconds west 370.39 feet; North 72 degrees 25 minutes 10 seconds East 144.42 feet; North 16 degrees 35 minutes 20 seconds West 239.60 feet, North 16 degrees 14 minutes 00 seconds West 90.07 feet; North 15 degrees 10 minutes 00 seconds West 213.04 feet; North 12 degrees 37 minutes 40 seconds West 153.04 feet; North 13 degrees 56 tninutes 20 seconds West 285.0 feet; North 13 degrees 36 minutes 40 seconds West 262.01feet; North 15 degrees 39 minutes 30 seconds West 200.09 feet; North 13 degrees 56 minutes 20 seconds West 200.0 feet; North 13 degrees 01 minutes 50 seconds West 505.25 feet; North 13 degrees 00 minutes 20 seconds West 132.76 feet; North 1 I degrees 47 minutes 00 seconds West 126.63 feet; North 13 degrees 40 minutes 10 seconds West 446.72 feet; North 12 degrees 41 minutes 40 seconds West 314.36 feet; North 13 degrees 26 minutes 40 seconds West 557.97 feet; North 13 degrees 41 minutes 30 seconds West 436.67 feet; North 13 degrees-S4 minutes 10 seconds West 816.76 feet; North 15 degrees 18 minutes I0 seconds West 248.64 feet to the southerly side of the Long Island Sound; TIIENCE along the southerly side of the Long Island Sound on a tie line course bearing North 23 degrees 03 minutes 30 seconds East 447.39 feet to the westerly boundary line of land now or formerly of Kanev; RUNNING THENCE South 13 degrees 59 minutes 40 seconds East 923.41 feet; THENCE South 13 degrees 23 minutes 50 seconds East 592.66 feet; THENCE South 13 degrees 05 minutes 50 seconds East 4136.64 feet to the northerly boundary line of land now or formerly of Bellardo; Jun-08-01 09:40A GHASWI PHOEL & CO. • P. 11 RUNNING THENCE along said last mentioned land and along land now or formerly of Barbin, South 57 degrees 39 minutes 00 seconds West 219.98 feet; RUNNING THENCE along the westerly boundary line of land now or formerly of Barbine, South 15 degrees 27 minutes 00 seconds East 200.13 feet to the northerly side of Main Road at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed from Lili Ann Birsten, dated August 11, 1982, and recorded September 8, 1982, in the Office of the Suffolk County Clerk in Liber 9237, Page 485; and by deed from County of Suffolk, dated June 9, 1994, and recorded July 27, 1994, in the Office of the Suffolk County Clerk in Liber 11687, Page 155. • Jun-08-01 09 :40A GHASWI PHOEL & CO. • P. 12 after payment of all necessary charges and expenses, on account of said indebtedness. This assignment and grant shall continue in effect until this mortgage is paid.The mortgagee hereby waives the right to enter upon and take possession of said premises for the purpose of collecting said rents,issues and profits,and die mortgagor shall be entitled to collect and receive said rents, issues and profits until default under any of the covenants,conditions or agreements contained in this mortgage, and agrees to use such rents,issues and profits in payment of principal and interest becoming due on this mortgage and in payment of taxes,assessments,sewer rents,water rates and carrying charges becoming due against said premises,but such right of the mortgagor may be revoked by the mortgagee upon any default,on five days' written notice.Thc mortgagor will not,without the written consent of die mortgagee,receive or collect rent from any tenant of said premises or any part thereof for a period of more than one month in advance, and in the event of any default under this mortgage will pay monthly in advance to the mortgagee,or to any receiver appointed to collect said rents,issues and profit%,the fair and reasonable rental value for the use and occupation of said premises or of such part thereof as may he in the possession of the mortgagor,and upon default in any such payment will vacate and surrender the possession of said premises to the mortgagee or to such receiver,and in default thereof may be evicted by summary proceedings. 14. That the whole of said principal sun and the interest shall become due at the option of the mortgagee:(a)after failure to exhibit to the mortgagee, within ten days after demand,receipts showing payment of all taxes,water rates,sewer rents and assessments;or(b)afterthe actual or threatened alteration,demolition or removal of any building on the premises without the written consent of the mortgagee;or(c)after the assignment of the rents of the premises or any part thereof without the writton consent of the mortgagee;or(d)if the buildings on said premises arc not maintained in reasonably good repair;or(e)after failure to comply with any requirement or order or notice of violation of law or ordinance issued by any governmental department claiming jurisdiction over the premises within three months from the issuance thereof or(f)if on application of the mortgagee two or more fire insurance companies lawfully doing husineas in the State of New York refuse to issue policies insuring the buildings on the premises;or(g)in the event of the removal,demolition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property covered hereby,unless the same arc promptly replaced by similar fixtures,chattels and articles of personal property at least equal in quality and condition to those replaced,free from chattel mortgages or otter encumbrances thereon and free from any reservation of title thereto;or(h)after thirty days' notice to the mortgagor, in the event of the passage of any law deducting from the value of land for the purposes of taxation any lien thereon,or changing in any way the taxation of mortgages or debts secured thereby for state or local purposes;or(i)if die mortgagor fails to keep, observe and perform any of the other covenants. conditions or agreements contained in this mortgage;or Q)if the mortgagor fails to keep,observe and perform any of the covenants,conditions or agreements contained in any prior mortgage or fails to repay to die mortgagee the amount of any instalment of principal or interest which the mortgagee may have paid on such mortgage with interest thereon as provided in paragraph 16 of this mortgage. 15. That the mortgagor will, 41 compliance with Section 13 of the Lien Law,receive the advances secured hereby and will hold the right to receive such advances as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any put of the total of the same for any other purpose. sad,Our clame 16 That the execution of this mortgage has been duly authorncd by the board of directors of the mortgagor. Qlnryq,rL:nMr. 17 . See Rider annexed hereto and made a part hereof. This mortgage may not be changed or terminated orally.The covenants contained in this mortgage shall run with the land and bintthe mortgagor,the heirs,.personal representatives,successors and assigns of the mortgagor and all subsequent owners, encumhrafhtes, tenants'and subtenants of the premises, and shallenure to the benefit of the mortgagee, the personal representatives,successors and assigns of the mortgagee and all subsequent holders of this mortgage.The word"mortgagor' shall be construed a%if it read"mortgagors'and the word"mortgagee"shall be construed as if it read"mortgagees"whenever the sense of this mortgage so requires. , ;.41 1 "n le IN WMESS WHEREOf is murigage has been duly executed by the mor . ' *I, iNPRESENCEM PLCOLAND TRUST 296 Hamyton R>xA,P.O.Box 1776, NY 11969 (5,31)283.1)95 Fax:(631 .64-n7n www.paonidant urt.org VJ July 31, 2001 n / The Honorable Bennett Orlowski,Jr. Chairman Town of Southold Planning Board 53095 State Route 25 PO Box 1179 Southold, NX 11971-0959 Re: Ghassemi Cluster Set-Off Dear Chairman Orlowski: Attached please find the application and necessary attachments for the above-referenced project. Peconic Land Trust is acting as agent on behalf of Sy and Catherine Ghassemi. Should you have any questions or need additional information, please contact me at(631) 283-3195 ext. 26. Sincerely,_ Marion Sumner JUL 31 2001 Southold Town Planning Board ............... ............. ........ ...................... - ........ ........... - ....... ..... .................... .... - ..... ........... .. .... . ..... LASER FICHE FORM SUBDIVISIONS _ — w one- MAR nk MAR 2 02007 Proiect Tvoe: Standard Records Management Status: Final Approval SCTM # : 1000 - 3l.-l-1 Proiect Name: Ghassimi, Sv Location: The propertv is located on the north side of Main Road 831 67' west of the intersection of Main Road and Rocky Point Road in East Marion Hamlet: East Marion Applicant Name: Sy & Catherine Ghassemi Owner Name: Sy Ghassemi Zone 1: R-80 Approval Date: 5/9/2005 PLAT Signed pate: 519/02� OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related Infmmadon Zone 2: Zone 3: Cand R's : Homeowners Association : R and M Agreement: Address: County Filing Date: 6/2/2005 SCAN Date: CL .4-fTER SEE OFF PLAN W DPE V AT EAET MARION ,, TOWN OF ►S O UTHOLD STRPTMOR SUFFOLK COUNTY N. Y. SDUTHeRN BLVD. r� 1000-31 -01 -01 DEC. 15, 2000 luLY 6, 2001 AUG. 29, 2001 ! s1k set 1 _ t w SEPT. 24, 2001 (revision 1 S IT v z c� SE e 1 Z SET 5U z \ \=n ,o \ 25 S-X1 1W < - s 1 I THE CR 1 I 50. y pJ 'Tf\\ vl n+f srGl�� I m 1,aliG 'U'• \ �VOJzz N 9 \\ Zyl 40 5 1 1 m \ o KEY MAP SCALE: 1"=600' 45 \\ P y 1 \ 9ET \ _ U1 zoo m \ \ w N Tpg 1161j0/ E. m JN 42'1 X44. to 492251 , 1 - 1 G+z'S 0 II yn 1 Vg98 ' '� OT R 2 L m v ✓`„=�"�.� .., CB,EpGE CGf 7PGE 100j0 It 1 " AREA 4 i yIn A 9T •� i �aGGs _ 1 Z t0 ¢gT m I au i ' � � li �\ �� � ^� `•"_ FM essRM II d � /0 Vi 2 � 6N 1$pjN6 ` o w 2qT• � z y N. a3p i .-. - ROAD ITI PSQ°64TY LNE 'j� y Z I s 1 1 1 NOLLSE l O STSG X00 � 25 1 ,� iyg• I AN w T TYPICAL PLOT PLAN \ / SAP SCALE: 1"=50' OWNER j� 1 / SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES S & CATHERINE GHASSEMI / z HAUPPAUGE, N.Y. 23 LANGDON PLACE u8 y DATE L YNBROOK, N.Y. 11563 s \ a-E"a THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVINON OR z 1 \ DEVELOPMENT FOR N THE w Nt \ — WITH A TOTAL OF LOTS WAS APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT 4 t AT THE TGTE OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE C \ PERN/TS PURSUANT TO THOSE STANDARDS: NS APPROVAL SHALL BE y \ DULY F!«WITH IF HE COUNREAL TYTY CLIWITHIN Q R OF TNS DATE. ., 3 \ CONSENT IS HEREBY GIVEN FOR THE F"VG OF THIS MAP ON WINCH SCHOOL DISTRICT, 2 yo z \y `\ THIS ENDORSEMENT APPEARS N TME OFFICE OF THE COUNTY CLERK IN FIRE DISTRICT, 26ACCORDANCE WITH PROVISIONS OF THE PUMCAEAL TN LAW AND THE y ZLINING, R-80 SUFFOLK COUNTY SANITARY CODE. m� �, 1 �m 1 m•'� �' 1 �\ VITO A. MINEI, P.E. PIPE DIRECTOR, DIVISION OF ENVIRONMENTAL OUALITY Fnw z 1 �,, p� I r�BY CER77FY THAT-77E WATER SUPPLY(S)ANWOR "AGE 0�p L \ 6 y SYSTEWSI FOR THIS PROJAtCT WM DESIGNED BY If,OR lA'N)ER MY=62 z \ q BASED UPON A CAREFUL_AND THOROWN STIWY OF THE SQL SIT€AN79 6ROlNJO _ WATER CONDITIONS, ALL LOTS AS PROPOSED CONFORM TO THL��'IFOCK CQUNTY. DEPARTMENT OF hfAL TH SERVICES CON TION STANDANOS IN EFFECT AS OF THIS DATE i Z • — JOSEPH P15CHETTI, P.E.�NOIBARi ROAD, SOUTFiOLDI N.Y. '119TT�T CDNTOUR LINES FRDM TOPOGRAPHIC MAF' OF FIVE EASTERN TOWNS. N `, 79.44'10",E 1 I / \ 144A 0 \\ .1 z p� 1. +, m '�9yp•� 1 ��F NEW Y0 METS,4P u Tl- TOTAL AREA=32.8503 acres ��� to tie linq J ¢� �,e > ■ =MONUMENT n lo►� 4b4S LIC, Nd, 49618 ♦..STK SEI'. . ' 5 1QQ� - - _ P CONIC S ANY' ALrE,RATION DO AbblffiON TD tHis SURvEr is ,A vrix-ATIDN' (631) 765 SDS FAX. C631) 765;"1797 OF SEGCSC7N 7209 OF THE NEW YLIPX STATE EDUCATiGN',LAW, ' P. QI BQX 909 £XG,e"P$y' AS PER �E1;C,T;ION 76(009-SURDIYrS1UN 2: ALL CERTIFICATIONS C" 'P OR SA/2l ,tfiA CRTA �TAP.� 7HE -••r _ � 4ThAV - e2 �RET,;�E' ESSA SEAL OF RVEYOR SQWTHdLD, NY ? ?9 aARRs EaN; , . .� .