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HomeMy WebLinkAbout1000-84.-5-4 i u RON yM1�e��4 J bell 0 OPO ;9 'wIW3�,, M N Ew°jO1 IXGIpi O peo Ma OV xy. q'�4y,' SUBJECT CC) EooMc \O .k LO SCALE 1 "=100' -. PREMISES aiiii 6Q OLE CIO, rare ets am P� `+'' y9' zk � OPy�2. - un Pa 4Ma`Qjs fit, po� cw f 1 O ^ Gat N°�� .*��z1 \ o ,,�0 \s. ,1• �•o / pre aslx I " dty 'tty � xM`�E, PowOC 1)"isk'Ory Bills dT Mr k \ ? s cart 4e SIN - �� 4-O `zr LOT' 2 Sw, • / MAsoNa`sloop ryn'0 �a2 W(•'/ y9f q�q•Fr vuM1' 4Nf r,-,+n .. , �a -.roNc wAtx_- . rogcyPq'H / i_ter _ 1� �5 1'11 cRH \� gR es�oef 2�2> AR70 , I,t01-- If_ 11 EM i RWooD POST x09 l M1 c``S vg el+O r�° 1�. 1 "'ror "� � ' � 1 _ gRI E Y MAP AN bh0 D>� / Y CALE 1 "= 600' d .�kA" ,J­� / `°T ' TYPICAL PLOT PLAN CLUSTERED MINOR SUBDIVISION MAP off .BA •' \ ROy (NOT TO SCALE) °°° 61 PREPARED FOR fTIT TI `Wi zTp. 1 hi II F, C I t ATE OF BERTHA PAWLUCZYK \ S. ABLE APPROVED BY SITUATED AT • . _ 4� \ , xJ. rEsr nae • �• `� N \ , �coG PLANNING BOARD 7��I �t 0�T T C ' • f \ /� — axf % 'U_ �. t�WN OF SOUTHOLD r L 1 /V 1 / y asoNs o�sG� �ao BATE AY 1 � 201 TOWN OF SOUTHOLD \ ��S�—.� BIIwIxI FFOLK COUNTY , NEW YORK TAX No . 1000 - 84- 05 - 04 0A _ _ _ � SCALE 11 r" " jp MARCH 13, 2003 sox ExPuPUSH FROM THE ESISTANCE OF RIGHT OF WAYS MARCH 31 , 2004 REVISED PROP. LOTS •• \ mo` / 6q, 5 / sJ _ ANO/OR EASEMENTS OF RECORD, IF JULY 14, 2004 REVISED MAP TO MINOR SUBDIVISION ANY. NOT SHOWN ARE NOT GLARANTELL. \ o / NOVEMBER 19, 2004 ADDED TEST WELL ROAD JUNE 7, 2005 ADDED WELL & SEPTIC LOCATIONS ON LOT TO THE SOUTH ys 'a / 4 JUNE 2, 2006 ADDED NOTE FOR PLANNING BOARD COVENANT �O = E "y 11 / ��/ 83 a . % 8� . CDEen n+ofSDuthofd By HEREBY Ro Ra TC un ua"vEYS COMPLETED E AREA DATA . �oo- o�° � �=a. 4 / �j rD ' a Nx- / LIBER p tricPi Ds MO.MINi SHOW�AINT THAT AHEREonICRETE 40,000.00 sq. ft. �L ACTUALLY Exlsr AND EIR POSITIONS ARE oy'!p iT / _ �— LOT 1 /` — FAR M F I E L D — \ AHD RCEODETsc DEN iL AREL CORRECT SONAI 0.918 ac. 43 8 , _ D / E� N \ 142,667.41 . ft. 0 LOT 2 3.275 ac. BY — TOTAL 182,667.41 sq. ft. fH15 IS TO CERTIFY THE S IAN HAS BEEN APPROVED 4.193 cc. Is BY THE PLANNING BOARD OF THE TO N OF SOUTHOLD BY RESOLUTION dxrp� n: j:' LOT 2 OF APPROVAL DATED APPLICANT: IRENE Y 760 76D SEAWOOAWOOD DRIVE �N`E HAIRMAN PLANNING BOARD SOUTHOLD, NEW YORK 11971 SUBJECT TO PLANNING BOARD COVENANTS LIBER 12457 NOTES ° 1. ELEVATIONS SHOWN THUS: ARE REFERENCED TO AN ASSUMED DATUM. PAGE 646 2, ZONING USE DISTRICT: A—C \ • �\ 3. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD PAGE 478 OBJECT 10 COVENANTS& RESTRICTIONS LIBER \\� .. SUBJECT TO S.C.D.H.S. COVENANTS LIBER 12424 OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. PABB�-7—� TYPICAL SEWAGE DISPOSAL SYSTEM \ E \\ \\ �T� • - go, (uar TO saucy -t ' _ g„ \ .To,Eeiamla° nNlsnm aIrADE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES \ / � q \\ ..—_O _ PREusr REwroRcm coxc,arE mvm i.alo racwxc, wm+ncxr A Ixsmr Pxoon F.S. aNA°s HAUPPAUGE, N Y \ V e , <ry V� °' cAsr IRON covin TOOME OF N9[ CESSPOOL HE.. r DPT mlin V Y., m •^.\O Fg -cisoAnPPammPon Chin eoetim PIPE Shno /Y/QN RlitS . mmovLL "6 —lLPOOL... noM O� (py,- _ Tine is to aamr m°t th" p,agq�aa R ty sxbQL�IB roe pmenl 1, 1$ a o 4 o Lic. No. 49668 ra >�1" 6./T `1'aVJI4C 'Wh the T•E'ST HOLE DATA \ -y,E G�,�S G�ytE O AgQhr P ,l&. g -O '05u (TEST HOLE Duc Br M.n<+Man r r or HCIEoS f In, den) $ SEPTIC TANK h) 1€ O th with o corm ar �I t was o ,� �4� F approved pn the above data Water Sundard dad sewC ge tDI he ptime \, �Lp _ Q < O� MINIMUM e[up TANK pmEs Is ,,Imo aupNs. Joseph A. I e no raaNNbes most oanlartn to construction standards In elleot at the time D.R" BRbXN LaA4 OL <pF NCRE FALL G _C nNE p 9 9 m construction and are sub ect to (e is t to those �\ •\ate pJ coNepEfE sHeu xnvE n MINIMUM CAMPRrS51VC srgENcrx OF lmD Per AT ze an valid a palmi really n . \ (f yrE� ' , well PIEUK Ess SMALL BE A MINIMUM OF 0', A TOP THINNESS OF 6 AND A 9a9W WlcxxESI Or 1' _ standards The approval 9[la l be valid op y d the really subtllvls,on/ _ All WptS Eal AND TOP HALL Frei NEI"mRCHE TO pE9Sr AN APPUEO FORCE OF sin r Land Surveyor development map s duly filed with the County Clerk within one year P4E dROWX FINf SW • p. 4 ALL JOINS CI aE SEALED SO now ME ANN Is WATER,ICM X91 ' of thin date Consent Is hereby given for the LOnI of thin map on 1 C, COURSE C ro '\\ 5 IDE SEPTIC rANN SIW1 BE INAALILD AT LEVEL IN PLL DIRECTORS (WITH A MAX TOLERANCE DF M/A-) whmh this Cndarcement appears m the Office Of the County Clerk In \ ._ u \ ON A mr Maki TRICE REO OP IMAPACF 0 OR PC Or accordance with the pmvlslons of the Public Health Law and the I—If \ _ - 6 n In' mIn plsrnxcE OEIMEE» sEPNc ANN AMC NausE srNl1 Or Muxruu[O ; nouxo wn1Ep m�°•'w wa ink C°unly seedn' Cade Dowty cum snub \ a . \\\ .10+ �0. 023656 y0�� — — —_ • 426` �� �f NE`N a ➢tie Surveys - Subdmsmns - SIto Plans - Constmction Layout .0 - 4jN LEACHING POOL PA.E BRowx nNE sw - / PHONE (631)727-2090 Fax (631)727-1727 TO I Akaw SoHo \ •\�` _ J MINIMUM morn u sYSIEM Is ]Oo aP n sCEWAu Avu _ hereby designed that the water Suppd[re and/or sewage disposal systems) for this project P°op ,¢' DEEP. °' inn \� were designed by me or under my direction Based upon o careful and thorough study of z MARCHINGMIND Pools AVE To RE c... So AN 1 or PLWCT RE1MmRCm CONCRETE (OR Si OFFICES LOCATED AT MAILING ADDRESS uto a Mmel, RE site and groundwater conditions, all lots, as ro osed, conform to the Suffolk Count A ItsMINDsr SMAM BE mpgr�RµoFUNCED nos „-� the soil, g p p Y e ell crows . RE o cRnE (on Egan) 322 ROANOKE AVENUE P.O. Bax 1931 Director Olvmmn of Environmental Oamity \\ o$q.\ Department of Health Services construe bon standards in effect os of this dote s AN 0, no, olSTAAN'T"'We"" LiEiLmxir ixlH�aooµs swiAw�i BixuxnruxmE "rel RIVERHEAD, New York 11901 Rrverheed, New York 11901-0965 \ o,f,— e w e mN ols vital RE,wsFH ALL LFACMxc PoORs AND SEPTIC dou MALL GE IUJxruxm 0 NL41LING ADDRESS: PLANNING BOARD MIEM13ERS so P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS &3 Town Hall Annex MARTIN H.SIDOR �&- :3h 4 54375 State Route 25 GEORGE D.SOLOMON Z91 (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Imi Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 15, 2007 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Clustered Standard Subdivision of the Estate of Bertha Pawluczyk Located on the south side of CR 48 (Middle Road) in Peconic SCTM#1000-84-5-4 Zoning District: A-C Dear Ms. Wickham: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, May 14, 2007: WHEREAS, this proposal is to subdivide a 4.193-acre parcel into two lots where Lot 1 equals 40,000 sq.ft. and Lot 2 equals 142,667 sq.ft.; and WHEREAS, on June 14, 2004 the Southold Town Planning Board issued a Negative Declaration pursuant to SEQRA and granted sketch plan approval on the maps prepared by Joseph A. Ingegno, L.S. dated March 13, 2003; and WHEREAS, on September 11, 2006, the Southold Town Planning Board granted preliminary plat approval upon the map prepared by Joseph A. Ingegno, L.S. dated March 13, 2003 and last revised on March 31, 2004; and WHEREAS, on December 15, 2006, the applicant submitted the application and fee for final plat approval, the park and playground fee in the amount of$5000 and four (4) mylars and twelve (12) paper prints of the final map prepared by Joseph A. Ingegno, L.S. dated March 13, 2003 and last revised on June 2, 2006, each containing the Health Department stamp of approval; and WHEREAS, in a letter dated December 13, 2006, the applicant requested that the final hearing for this project be waived since no significant changes have been made to the final map and there is no public opposition to the project; and WHEREAS, on May 9, 2007, the applicant submitted eight (8) paper prints and five (5) mylar prints of the final map prepared by Joseph A. Ingegno, L.S. dated March 13, 2003 • • and last revised on June 2, 2006, each containing an updated Health Department stamp of approval; be it therefore RESOLVED, that the Southold Town Planning Board finds that the final map is in substantial agreement with the approved preliminary map and therefore waives the final public hearing for this project; and be it further RESOLVED, that the Southold Town Planning Board finds that all of the conditions of preliminary plat approval have been satisfied and that the requirements for subdivision approval pursuant to Chapter 240 of the Town Code have been fulfilled by the applicant; and be it further RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval upon the map prepared by Joseph A. Ingegno, L.S. dated March 13, 2003 and last revised on June 2, 2006 and authorize the Chairperson to endorse the maps. Upon endorsement by the Chairperson, the mylars and paper prints must be picked up at this office and filed in the Office of the Suffolk 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 regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Building Department (with map) Tax Assessors (with map) i • III VIII IIII VIII VIII VIII IIID VIII VIII(IIII IIII IIII 1111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 06/30/2006 Number of Pages: 5 At: 03 :24:23 PM Receipt Number : 06-0064009 LIBER: D00012457 PAGE: 646 District: Section: Block: Lot: 1000 084 .00 05.00 004 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15 . 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 $0 . 00 NO RPT $30 .00 NO SCTM $0 . 00 NO Fees Paid $70.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County Please be advised this document will be public record Remove Social Security Number(s)prior to recording. 2 • Number of pages P g 2j CIF Jur a CC":24 _ RPl TORRENS udii.n R. P:sca:_e .Lc.NK: 'JF Serial# SUFFOLK CUUh11?4' .L Dp001245, Certificate# h46 Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps g FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total _ Spec./Assit. Notation or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX _ /y �Qp Dual Town Dual County _ R.P.T.S.A. / Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit ° Mansion Tax � The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total , If NO, see appropriate tax clause on page# of this inapment. 4 1 Dist. l000 Section 084.00 1 Block 05.00 Lot004.000 5 Community Preservation Fund Real Property 1000 08400 0500 004000 Consideration Amount $ Tax Service Agency R CSE A CP Tax Due $ Verification 30�IUN-0 Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD &RETURN TO: TD TD MRAM,BRESSLER,GORDON 3 GUM,P.C. TD 13015 MAIN ROAD,P.O.BOK 1424 MATDfl1CK,NI 11852 7 Title Company Information Co. Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) IRENE STULSKY The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold TOWN OF SOUTHOLD PLANNING BOARD In the VILLAGE or HAMLET of Peconic BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) 0 IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so thatoy u may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10t1, and on or before May 3181. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax pay- ment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall PortJefferson, N.Y. 11777 Shelter Island, N.Y. 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street. Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, &MUdIA, OM4;4� Edward P. Romaine Suffolk County Clerk dw 2/99 12-01 IW::0 /OI ug 0 DECLARATION OFF COVENANTS AND RESTRICTIONS DECLARATION, made the 13-! day of June, 2006, by IRENE STULSKY, as Surviving Executrix under the Last Will and Testament of Bertha Pawluczyk deceased; Suffolk County 8/6/02 Letters Testamentary issued 10/9/02 (1866 P 2002), residing at 760 Seawood Drive, Southold,New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at 26170 County Road 48,Peconic,Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide a 4.193 acre parcel into two lots under its cluster provision a district where the minimum lot size is 80,000. sq. ft.: a)Lot 1, a clustered lot, contains 40,000. sq. ft., and b)Lot 2 equals 142,667. sq. ft. which includes 40,000 cluster open space allocated from Lot 1, as shown on a subdivision map entitled, "Cluster Minor Subdivision Map prepared for The Estate of Bertha Pawluczyk",prepared by Joseph A. Ingegno,Land Surveyor, dated March 13,2003,last revised June 7,2005, and WHEREAS, in consideration of the granting of subdivision 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 owner and prospective owners of said lots that Lot 2 on said map, acknowledge that the subdivision was based upon its cluster subdivision provisions, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the Declarant,for the purposes of carrying out the intentions above expressed,does hereby covenant and agree that the said premises herein described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives, distributees, successors and assigns,to wit: 1. DECLARANT acknowledges cluster open space, equal to 40,000 square feet has been allocated from Lot 1 and added to Lot 2 in order to allow Lot 1 to be 40,000 square feet in size rather than the required 80,000 square foot minimum lot size. The Declarant agrees that the cluster area of 40,000 be excluded from any future yield calculations applied to Lot 2. 2. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII,Farmland Bill of Rights, of the Southold Town Code. 3. No changes shall be made to any of the lot lines on the approved and filed subdivision map without approval by the Southold Town Planning Board. 4. These covenants and restrictions are enforceable by the Town of Southold and can be modified only at the request of the then owner of the lot with the approval of a majority plus one of the Planning Board of the Town of Southold, subject to a public hearing. 5. This covenant and restriction shall run with the land in perpetuity. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Z'` cCl ( , 1�X1dC IRENE STULSKY, as S mg Executrix of The Estate of Bertha Pawluczyk, deceased STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On June 13 , in the year 2006, before me,the undersigned, a Notary Public in and for said State, personally appeared Irene Stulsky,personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument,the individual, or the person o ntity upon behalf of which the individual acted, executed the instrument. Not Public re:C&Rpbnfspws DONNA MopAHAN N�Nd 01�1AC4851469 �* Qualified M Sum lk Au 18H2O06 Commission SCHEDULE A ALL that certain plot, piece or parcel of land situate at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly side of Middle Road (North Road) (C. R. 48) at the extreme easterly end of the curve connecting the easterly side of Bridge Lane with the southerly side of Middle Road (North Road) (C. R. 48); RUNNING THENCI along the southerly side of Middle Road (North Road) (C. R. 48) the following two (2) courses and distances: 1. North 58 degrees 57 minutes 01 seconds East, 41.54 feet; 2. Easterly along the arc of a curve bearing to the right having a radius of 7699.44 feet a distance of 278.67 feet to land now or formerly of Lee; RUNNING THENCE along said lands South 54 degrees 01 minutes 40 seconds East, 483.86 feet to land now or formerly:of Gandia; RUNNING THENCE along said lands South 54 degrees 29 minutes 10 seconds West, 379.74 feet to the easterly side of Bridge Lane; RUNNING THENCE along the easterly side of Bridge Lane the following two (2) courses and distances: 1. North 56 degrees 43 minutes 00 seconds West, 426.03 feet; 2. Northeasterly and easterly along the arc of a curve bearing to the right having a radius of 60.00 feet a distance of 121.13 feet to the southerly side of Middle Road (North Road) (C. R. 48) at the point or place of BEGINNING. THISOONOR SUBDIVISION IS FOR ON ACRES LOCATED ON SCT1,wi9 1000- 7�- y IN -�` MINOR SUBDIVISION (NO ROAD) �J Complete application received Application reviewed at work session o,` oK h un, OK 00d ,Nro. Applicant advised of necessary revisions CU N O o .Y Revised submission received "LOL ,Nro. OK o � g ,cYL 0. Sketch plan approval c 5 -with conditions o a - r3 Qoo Lead Agency Coordination a SEQRA determination ~ L Sent to Fire Commissioner ,�, e b Receipt of firewell location L Notification to applicant to include on final map 00 Sent to County Planning Commission ca ii ��Z'l�e�,N�ic.� OK MReceipt of County Report Zt ,,b_` ox ? � U o 4.o Review of SCPC report _ Draft Covenants and Restrictions received Z oK W �O U O b, � a Draft Covenants and Restrictions reviewed M ox o Filed Covenants and Restrictionseceived Receipt of mylars aril paper prin with Health approval Final Public Hearing tdts. V1 +k T � oo Approval of subdivision -with conditions 1 J cnu0r5Cment UCS `udiViSivu , fi DEC 15 Application for Final Plat Approval Lj � u APPLICATION IS HEREBY MADE to the Town of Southold Planning B P , PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Clustered Minor Subdivision - Estate of Bertha Pawluczyk 2. Suffolk County Tax Map# 1000-84-5-4 3. Hamlet Peconic 4. Street Location corner of County Road 48 and Bridge Lane 5. Zoning District A-C 6. Date of Submission December 13, 2006 7. Sketch Plan Approval Date ,Tune 14. 2004 8. Preliminary Approval Date September 11, 2006 9. Number of Lots Proposed 2 10. Acreage of Open Space/Reserved Area 0 11. Affordable Housing Units Proposed none 12. Percentage of Affordable Housing 0 13. If providing less than 25%Moderate Income Family Dwelling Units(MMIFDU),please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B)of the Town Code. 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. Yes 15. Application prepared by [] owner [agent [] other Signature of Preparer P Date * ZDO MAILING PLANNING BOARD MEMBERS �O��gUffU(( COG P.O.Booz 1179 s: JERILYN B.WOODHOUSE C y� Southold,NY 11971 Chair y OFFICE LOCATION: y • �`� Town Hall Annex WILLIAM J.CREMERS CJD a� 54375 State Route 25 KENNETH L.EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR South'-ho.-`ld,NY GEORGE D. SOLOMON b Telephone: 631 765-1938,,, m _ . frac- a�r7sE_ -=ori. PLANNING BOARD OFFICE' D C E r J TOWN OF SOUTHOLD J.UL 13 2006 JJ Application for Preliminary Plat A n _ APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELEMNARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Clustered Minor Subdivision - Estate of Bertha Pawluczyk 2. Suffolk County Tax Map # 1000-084.00-05.00-004.000 3. Hamlet Peconic 4. Street Address/ corner of County Road 48 & Bridge Lane Project Location 5. Zoning District A-C 6. Date of Submission 7. Sketch Plan Approval Date June 14, 2004 8. Acreage of Site 4.19 9. Parcel Yield 2 10. Number of Lots Proposed 2 a. Number of Affordable Lots Required: -o-. b. Number of Affordable Lots Proposed: -0- c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: -0- 11. Acreage of Open Space 3.28 12. Percentage of Open Space 13. Range of Lot Sizes .92 - 3.28 14. Average Lot Size 2.1 15. Private or Public Streets public 16. Length of Road(s) n/a 17. Acreage of Road(s) n/a 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. No. 19. In addition to the application to the Town of Southold Planning Board,what other approvals are you seeking for this subdivision from state or other agencies?Please list other applications which are currently pending involving this project. If possible,please provide application reference numbers. Suffolk County Department of Health Services, Ref.. #510-04-0015 20. Application completed by [VJ owner [ ] agent [ ] other Signature of Preparer Date G -a3-O(a PLANNING BOARD MEMBERS �gpFFO(,�c O BENNETT ORLOWSHI,JR. Town Hall, 63095 State Route 25 .Z.� G Chairman y� P.O.Boa 1179 WILLIAM J.CREMERS yr Southold,New York 11971-0969 KENNETH L.EDWARDS V Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. �if� O�'g Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form 5 �rtiC�xzt�k Name of Subdivision: Proposed Minor Subdivision Prepared for Irene Stulsky Suffolk County Tax Map # 1000- 84-5-4 Type of Subdivision: Major or Set-Off) Lot-Line Cluster Subdivision: Yes No Hamlet: Peconic Street Location: corner of County Road 48 & Bridge Lane4 Sir coc da - Acreage: 4.193 acres NumberofLots: currently 1, 2 proposed Zoning District: A-C Date: February 24, 2004 Please list name, mailing address, and phone number for the people below: o� Applicant: T�evie v�skui E emt'o✓ e*drIuczyk c/o Wickham, Bressler, Gordon & Ge sa, P.C. ,0.� P.O. Box 1424, Mattituck, NY 11952 Agent handling the application: Abigail A. Wickham (Contact Person) (see address above) 298-8353 Property Owner(s): Estate of Bertha Pawluczyk c/o Irene Stulsky 760 Seawood Drive Southold, New York 11971 Surveyor: Joseph A. Ingegno, LS P.O. Box 1931 Riverhead, New York 11901 Engineer: Attorney: Abigail A. Wickham, Esq. (address & phone number above) Other Agent(s): Has this property had a previous application to the Planning Board? Yes No Has this property previously received a SEQRA review? Yes No Have you had any pre-submission conferences with the Planning Board? Yes No Does this application have variances from the Zoning Board of Appeals? Yes X Appl. No. Date Is this property adjacent to any bodies of water? Yes Are there any wetlands on the property? Yes No Are there public water mains in an adjacent street? Yes No Is public water proposed for the subdivision? Yes No ' Is the majority of the property forested? Yes No . Is any part of the property in active agricultural useYes No Is there an existing or proposed sale of development rights on the property? Yes No Is there a mortgage on the property? Yes No Does the owner own any,adjacent properties? Yes No Are there any building permits currently pending on this property? Yes 0 Signature of Preparer S Date 2112 . U Town of Southold • • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 84 - 5 - 4 The Application has been submitted to(check appropriate response): Town Board El Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit, approval,license,certification: ❑ Nature and extent of action: Subdivide a 4.193 acre parcel into 2 lots where Lot 1 equals 40,000 square feet and Lot 2 equals 142,667 square feet. • • Location of action:corner of County Road 48 and Bridge Lane Site acreage: 4.193 acres Present land use: Present zoning classification: A-C 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:Estate of Bertha Pawluczyk c/o Irene Stulsky (b) Mailing address: 760 Seawood Drive, Southold, New York 11971 (c) Telephone number: Area Code( ) 631-765-2765 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances communitycharacter, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ®Yes Q No F] Not Applicable Dr ns t'vSun s 14ov& w'J� CDde. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No !] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable TnsrL QDn5iA wtttr, COL,. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No RX Not Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑No[ X] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes [:] No❑ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No El Not Applicable Attach additional sheets if necessary WORHING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No [K] Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No© Not Applicable Jkre-a n s u F Fig Fat V i a�l� �r eu�1 u�� oy�v vale v�., A l i ctt W"l of —la GIYi n -- G' x,-ne r . 1',J- varus ov:rl-S own `Is ino' s mr& -h, II covnwierc�a.Q.L„ y�alila . Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No %❑ Not Applicable s • • �� .. Tokvn of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 84 _ 5 _ 4 The Application has been submitted to (check appropriate response): APR 2 5 2006 Town Board ❑ Plannin Det g p © Building Dept. ❑ Board of Trustees;- ❑ 1. Category of Town of Southold agency action(check appropriate response) _ (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: ❑x Nature and extent of action: Subdivision Application e . Location of action: corner of Route 48 & Bridge Lane, Peconic, New York Site acreage: 4.193 acres Present land use: residential and agricultural Present zoning classification: A-C 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Estate of Bertha Pawluczyk (b) Mailing address: c/o Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424, Mattituck, New York 11952 (c) Telephone number: Area Code( ) 631-298-8353 (d) Application number, if any: n/a Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No x❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria 0 Yes ❑ No ❑x Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ❑x Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ❑% Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes [:] No 0 Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III —Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No❑x Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ❑x Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No Fx] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No x❑ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ❑% Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No❑ Not Applicable Lot 2 contains only approximately two acres of farmland, which will continue to be rented for the foreseeable future, but which is too small for a viable farming operation Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ❑% Not Applicable ��gOFF01-t QG py ELIZABETH A.NEVILLE h y� Town Hall,53095 Main Road TOWN CLERK o0 P.O.Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRI GE OFFICER �y Fax(631)765-6145 RECORDS MANAGEMENT OFFICER '�Ql �a� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 74 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 20,2004: WHEREAS an application has been made by the Estate of Bertha Pawluczyk for a waiver from the provisions of Local Law#3 of 2002 (and extensions thereof)entitled "Temporary Moratorium on the Processing,Review of, and making Decisions on applications for Major Subdivisions,Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s)in the Town of Southold"pursuant to Section 6"Appeal Procedures",to permit the Planning Board to consider an application for a minor subdivision for the parcel of property known as SCTM# 1000-84-5-4; and WHEREAS the application involves the subdivision of a 4.19 acre parcel into 2 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in Section 6. (Appeal Procedure) of Local Law#3-2002 and the extensions of said Local Law, and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law,in its legislative discretion,upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request,the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law,the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space,rural character,natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town retained a"moratorium group"consisting of in-house and outside planners and attorneys who have developed a"Comprehensive Implementation Strategy"of the Comprehensive Plan of the Town of Southold, and certain comprehensive planning currently being undertaken includes,but is not limited to, 80%preservation of open space throughout the Town and a 60%reduction in density, clear establishment of the Hamlet Centers, and a possible Transfer of Development Rights component(a full description of the"action"is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS,planning work is proceeding during the moratorium,which was extended January 6, 2004 for an additional 180 days. . The issues facing the Town of Southold and possible solutions to those issues are complex. Legislative solutions have not yet been agreed upon,and the Town continues to face significant development pressure; and WHEREAS the Town Board finds that the applicant has demonstrated an extraordinary hardship,in that the beneficiary of the estate will be unable to make needed repairs and obtain a necessary mortgage on the property without the subdivision. Further,the Estate cannot be fully distributed until the property is subdivided, and the entire parcel may have to be sold; and WHEREAS the Town Board finds that the application is not in contrast with the extensive planning initiatives being undertaken by the Town, or the Comprehensive Plan of the Town of Southold; and WHEREAS the Town Board finds that this application will not adversely affect the purpose of the Local Law#3 of 2002 and the extensions thereof; and WHEREAS the Town Board of the Town of Southold finds that the application will not adversely affect the health, safety, or welfare of the Town of Southold; and WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is consistent with the existing land use in the surrounding area and has a minimal impact on water supply,rural character,natural resources and transportation infrastructure of the Town; and WHEREAS the Town Board of the Town of Southold finds that the application has no effect on agricultural lands and open and recreational space; and WHEREAS based on the application, all relevant documentation,the comments set forth at the public hearing on this matter,the comprehensive planning currently being undertaken by the Town,the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and the extensions thereof, Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and now,therefore be it RESOLVED by the Town Board of the Town of Southold that the application is hereby approved. Elizabeth A. Neville Southold Town Clerk AUTHORIZATION I, IRENE STULSKY, hereby authorize my attorney, ABIGAIL A. WICKHAM, and/or JOSEPH INGEGNO, L.S., and any of their agents, to execute, file and pursue applications for a subdivision on my property located at the corner of County Road 48 and Bridge Lane, Peconic,New York (SCTM# 1000-84-5-4)with the Suffolk County Department of Health Services, Town of Southold Planning Board, and any other agency having jurisdiction over such matters or any related matters. 11 Dated: February 2004 j c Mattituck,New York IRENE STULSKY , re/autho AI`FI,iCANT • TRANSACTIONAL UISCLOSIIRR FORM- The Town of Southold's Code of Ethics '- is conflicts of interest on the Part of_town officers. and employees. The purpose of this form is to provide information which can alert the town of 1oas�lble conflicts of Interest and allow It to take whatever action Is necessary to avold same. YOUR NAHE: Irene Stulsky (Last name, first name, middle Snittal, unless you are applying In the name of someone else or other eutlty, such as a company. If so, indicate the other person 's or company's name. ) NATURE OF APPLICATION: (Check all that Apply. ) Tax grievance Variance Change of zone Approval of plat % Exemption from plat or. official map Other (If "Other," name the activity. ) Po you.. pernonally (or throug).v your company, spoone, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? 'Relationship" Includes by blood, marriage, or business interest_ "nuainesa Interest" means a bunineen, including a partnership, in which the town officer or 'employee has even a partial ovuernhip or (or employment by) . -a corporation In which the town officer or employee owns more than 5% of the shares- YES X No If you answered -YES,- complete the balance of this form and - date and sign where indicated. Name of person*empioyed by the Town of Southold Irene Stulsky Title or position of thatpersonTax Assessor's-OffEEe Describe the relationship between yourself (the applicant) .and the town officer or. employee. Either check the appropriate line A) through D) and/or describe in the apace provided. The town officer or employee or hill or her sponse, sibs Lllg, .parent, or child is (check all: that apply)l - A) the owner of greater than. '5% of the shares of the corporate stock ofthe. appil'callt (when ,the applicant . is a corporation); D) the legal or beneficial owner of any interest. ].it a noncorporate entity (when t17e applicant Is not a corporation); C) an officer, director, partner, Or employee or the appllcantt or ' I_' .r• X D) the actual applicant(as EX2C15�'ur' d- pcylp`1C_IRnI,I Vr ter . GbTLI{�, . 'DESCRIPTION OF RELATtoNsllti, Self Submitted this ��llly of_ZPb,*RR_2004 SI gna l:,II re . I`r l nl; ramp Irene SYulsk m O � n.a • 4 \\ v s.ou� u • \ 9 f9Aa wk% L.+ f61ElU 34 4(4o 9g\\\ 2q V` cauxrc a suFaE �I .. LtFf'' \ u � masalBir ions S� 2 1w ♦ 4r �[\ 'Ir I � >,F ♦ � Ctr \ w I � f O ♦ \ \ mwrr a suFFou o \ oEtsmen axo s zu 1310 1L9Mc1 . 4 . �E L+r bP'� 59E • fl 0 2 s pF �e +S rnsxtY ff suFou f„� 6WU nsx OO zylG xwa s 4 v rwx a wmun FM PG.x6 �xS SEE SEGm MT-O1-012I 4 SEE SEGx7D. I FSyU (Q • SEE Y�C.w ; one-aona `r ost-os-ous > -- ------ ---�--- �x am --- SEF SEG x0.me sEE sEcwox NOME COUNTY OFSUFFOLK © E a a SWTHOLD secrpw NO ..... cn9 » ...a. — F— a^-• — — �a MffrD CE,rr =K a Red Proper Tme Service gency Y ,E a N Y 084 x'm�` w Bann u. xw.avrn u. —inr-- wE a .raver o¢xamox w w FSxrYI w m CDUOY CWW IOverMad, 11901 w w xn —_.—_ m .ur ura sEFna mxnr ux x.F s Fxaemo . .ar. Y i f 4 III 9r l l l 4 .d 1 r iJ I I l J �{Y c Ar tum Nlado Ithe 1 7th day of December nd forty-iiwo, DUNDE-C CORpCX-TIo}l, a domestic corporation with princips.L Iy a j at 99 '.tall Street, New York City, ]deu 1<' 1 , 1 a corporation dreanized under the laws of the State of Nen York [,1 party of the fiat and MITONE I pgojl CZYK NJD BM^ THA pAl:2UCLYK, MS ;'liFi, of Cutchol uar County of Suffolk, State of 14117 11 w part iesof the second p - j �, I a ,1itneg�et�j, that the party of the first part,in consideration of the sum of Onc c� OU/JCO 31.00 .............................. a................`............. """"' • -Dollars,lawful money of the United,Sr ' and other gold•and•valuable. consideration+• r rrs. paid by the parties of the second part, does hereby grant and release unto the parties of + second part,tbeir successors and assigns fore,, Ise tracts ,tog<ther vrith theuildirs Pieces or parcels o£ land situate a peco cin a aem+ Southold, and improvements thereon, ® , County of Suffolk and State of New Yorlk$ and d described as f°j ,. r : I 1 , Faca 00. 1. B1uINNING at a granite monument set at the intersection I)' i: J 9 easterly lineId, of Bridge Lane with the southerly line,o£ North Road o 9 J , s metime., caji,i ©. ,Fl.}the ].:id dlo Ro and running thence' -along the southerly line of said North R°ad, _�.. N, 690 lU1 8. ,407.72 feet to a concrete monument and land now or formerly of D, C ' r Harrell estate thence along land of said D. V. Howell estate S. 400 501 30u E. ; feet to a concrete monument and land now or for7 rmer.y of Luke Shimsik; thence ..land of said I.:ike Shirnsik S. 670 391 ''l , � • 379.72 feet to a concrete monument on tl,; easterly line of Bridge 1,an0; thence along the easterly line of Bridge Bane 553.63 feet!to the granite mommient at point of beginning. Containing 4.613 �- according to serve✓,. - _ mz,.de by Daniel It.:Young, Surveyor, dated June 23rd, 1933. ' Pu2C;i, mu0 2` Bi.GIl1UNU ata concrete monument set at the'inte n _ rsectio -- �'. I tre.te:ly line of Bridge Lane with thenortherlylane of North Road, sometimes cpm, I W10 ;'-fiddle Road, and running thence along the northerly line of slid North }toad, r S. 670 341 3011 t.. 403,66 feet to a monument concrete and land now or fo n rnor]3 0 o'O`%ci; thenc6. along said land of Adam Dori N. 441 511 30° ;,. 2598.1 feel to - i iron pipe and tl7e land,now or formerly of :Sake Cuminskey,' thence alon; land of D}; 470 121 3011 ':, 367.5 feet to a concrete monument set on the wes! ..I I I : ' r i _.moi.:.. _��. .._. -._. _..�.•._ _.a.�__...i_....._._`; . _ _�u:u DEED 22267 PAGE t321 Line of Bridge Lane; thence along Bridge III S. 440 OOt 30" E. 827.5 feet to another concrete monument on the westerly line of Bridge Lane; thence.along bridge Lane S. 470 471 E. 198.1 feet to another concrete monument on the westerly line of Bridge LI thence still along Bridge Lane S-.450 071, 30" E. 1713.65 feet to the 'concrete monument at point of,beginning. Containing 22.414 acres, according to survey made by Daniel R. Young, Surveyor, dated June 23rd, 1933. TOGETHEP. with all the right, title and interest of the party of the first i part of, in and to that portion of North Road and Bridge Lane adjacent to the parcels -. above conveyed and upon which said parcels abut to the center lines thereof respectively. SUBJECT to the easement'of Long Island Lighting Company across Parcel No. 2 abovedescribed as granted by Delia Donnelly by consent dated December 8, 1927, .recorded December 20, 1927 in Suffolk County Clerk's Office in,III ber1322 of Deeds, at Page 107. BOTH PARCEI3 BEING AND INTENDED TO'BE the same premises conveyed to DUNDEE SD DUTIES Col'30RATION, NOi KNOWN,AS DUNDEE CORPORATION, by deed dated June 19, 1933, -' of I. L[. YOUNG AND`CQAPANY, INCORPORATED, recorded in Office of County Clark of Suffolk County on June 23, 1933, in Liber. 1719 of Deeds, at page ) 84 . . III :.. .. . ..... .. . . . . .. . . . . : . .. . . . . . . . `. . . i: . . . , . �OQQt�CC" with the appurtertances and all the estate and g party of rights hts of the the first part in and F- r i. . ' to said premises. li TO. baht_ 1111 tO fjolb the premises herein granted unto the parries of the second part, their successorsnd assigns toievcr, II j x 011b the party of the first part covenants as follows. Jflra. —Thai the party of the first part is seized of the said premises in fee simple, and h:, good right to convey the same; i berollb.^That the pardes of the second part shall quietly enjoy the said premises; , I Tbirb:That the saidpremises are free tram incumbrances; I I JFUUM). —That the party of the first part will execute or procure any further necessary as suradce of the ititle to said premises; y, 7-That the party of the first part will forever warrant the title to said premises; �IXGJ.' [;�tY7fddtydr(rp1@6Jflii$EiC4Y.ith:$CERY GYt{GBY i I '° �mravataa�t�xie�r��et�r,�rcrxxatusatraavou; ��xtclr;aras ��;tormcx,��,�rttot sx,;x4x�t�cxascrp��scr,;. P .KhiXA'4f5Y.'C+>�fLr�ltdClaXtiV' i�pfJ � f8C7�ifa}.XOCt �CttfE'.s�kK;;X' itdCstXdffl .KtNyuM�,rt�aatpsy�, u ,4 i;LiF# ��pllr'kYif{4C That, if any improvements,`repairs or alterations have been coaenenced Upon the foregoing premises and have:not;been completed at least four months before the malting and recording of this deed, the grantors will receive the.consideration . for thisconveyanceas a trust fund to be applied first for the :purpose of paying the cost of the ii¢provementsj,and that the grantors will apply the same first to the payment of the Purpose,the im same for any other lntrposeprovements before using any part of the total of t'r:;-. i" i I Zln �t1'fTC�� ' �jCPfQf, the party of the first part has caused its corporate seal to be hereunto affixed,and these presents to he signed by its duly authorized officer the day and year first above written. I;r 3n presence of �7p 314FEE CORPORATE i1 . Irpsurer._.. !/, I it I , i � I btate of .New York )) DEED •. )I PAGFe),d'3 Countp o : 7 ss.; f .New York ) On the 1 7.W day of December nineteen hundred and forty—tvio before me came- Alex. V. Burns, to me known,who,. being by me duly sworn,did depose and say that he resides in Scarsdale, New Yorkt ; that heisthe Treasurer of Dundee Corporation the corporation described in,andwhich executed, the foregoing instrument;that he knows the seal of ? said corporation;that the seal affixed to said instrument is such corporate seal; that it was so affixed 6y f order of the board of Directors of said corporation;and that he '+ signed his name thereto by like order. NOTARY FUBLIC, ... Queens Cu Clk"N.. I Certificate filed to dcw Yu:k County Clerk's.No.50d, Reg.No.4-C-275 4, - Commission Expires Il.ch 30, 1944 V ; 8.8.0.7.9 (U� p rarm2 - _ Stale of New York, ll No. .........8.8.0 ry1 J... .... .... .. Coimfy of New York,J ss.: I; 1,ARCHIBALD R WATSON, Como, Clerk and Clerk of th ipreme, Court New York County, the same being a Cour t d hav tg bg h}3v a I llU 11LRL•'nY CL•Ii CY that whose name is subscribed to the annexed deposition cietK.te o[.acknowledgment or Praof. RECORDED I� - was'at'tile time of taking the same NOTARY PUBLIC acting in and for said County,duly commissioned and sworn and a ed to'. as such;that he pas filed in the Clerk's office of the County ni N Y.';it cer caPY of his aPPointmcnt and 4ualification as a Notary DEC Zr 194G I Public forthe County of .. . .,..with his autograph signature;.that as such L tl Notary Public he was duly aur m iud by lite laws of the Slate of New Yuri, to protest notes, �s�,AM to take and certify deposmons, to administer oaths and allirmatious, to lake affidavits and Q 1 - . I certify the acknowledgment or Proof of deeds and other written instruments for lands;tenements FOA;K 67ABKVART and hercAitamcnts, to be read in evidence or recorded in this Slate, And further, that I am well acq imuted with the handwriting of such Notary Public,or have compared the signature of Clerk Suf(ofkComtJ such officer with his autograph signature fled nr my office mid believe that the signature to ` ilte said annexed inslru mfrs genuine IN WITNP55 y.' i.REOF, I1 hf/fy9}o set my hand and affixed my official seal 4 this ... .......................................day of.... �fJ'4C/ 194.y-JJ ,, i .lye Chi✓ ,mss County Clcrk and Clerk of it.,Suprewe Court,New York Connfy #` r III ' I ill � I I 1 � I I l l r� 1 .III 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner,whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet Flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large,then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: Part 1 ❑Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting information,and considering bot a magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ®B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. ❑C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. "A Conditioned Negative`Declaration is only valid for Unlisted Actions �1� C-P `"1 ' 'rn�r� Rl �. i,1c"rJ �Sla✓� L-5�4 � 0� ��P.!'�(� Name of Action ` Al S o �_ i I & Name of Lead Agency Print or Type Ifirne of-Responsible Officer in Lead Agency Title of Responsible Officer �w ature of ReSponsible Officer in LeatL2tt If differ rom sponsible officer website ate Page 1 of 21 1416-4(V87)—Text 12 PROJECT I.D. NUMBER ' 617.2 SEQf Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM Fo'r UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT(SPONSOR 2. PROJECT NAME Abigail A. Wickham Proposed Minor Subdivision Prepared for Irene 3. PROJECT LOCATION: - ' Stulsky Municipality Town of Southold - County, Suffolk 4..PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) corner of the southerly side of County Road 48 and the easterly side of Bridge Lane, Peconic, New York SCTM# 1000-84-5-4 5. IS PROPOSED ACTION: ®New .❑Expansion ❑Modificationlalteratien 6. DESCRIBE PROJECT BRIEFLY: subdivide into a .918 acre parcel ToAvetxxsdldxa 4.193 acre parcel/ containing 1 1/2 story dwelling and detached garage and a 3.275 acre agricultural parcel containing a barn and out buildings. 7. AMOUNT OF LAND AFFECTED: Initially 4.193 acres ultimately 4.193 acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 0 Yes ❑No. If No,describe briefly ' 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential ❑Industrial ❑Commercial ®Agriculture ❑ParldForestlOpen space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL.AGENCY(FEDERAL, STATE OR LOCAQ? ❑YesfJ No - If yes,list agency(s)and permitlapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID.PERMIT OR APPROVAL? ❑Yes K)No If yes,list agency name and permlVapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes ISI No 1 CERTIFY THAT, E INFORMATION PROVI ED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantls � '� Dal": yh -- pongor name: Signature: Abigail A. ickham Agent I f the action Is In the Coastal Area, and you.are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 • Town Of Southold P.O Box 1179 . Southold, NY 11971 * * * RECEIPT * * * Date: 12/19/06 Transaction(s): Reference Subtotal 1 1 Application Fees 84-5-4 $500.00 Check Total Paid: $500.00 Name: Pawluczyk, Bertha Est. 5000 Bridge La. Rfd Box 142 Cutchogue, NY 11935 Clerk ID: LINDAC Internal ID:84-5-4 Town Of Southold • • P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 12/19/06 Transaction(s): Reference Subtotal 1 1 Park & Playground 84-5-4 $5,000.00 Check Total Paid: $5,000.00 Name: Pawluczyk, Bertha Est. 5000 Bridge La. Rfd Box 142 Cutchogue, NY 11935 Clerk ID: LINDAC Internal ID:84.5.4 MAILING ADDRESS: PLANNING BOARD MEMBERS tf sn�ry P.O. Box 1179 JERILYN B.WOODHOUSE ��`1` 0� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS y Q Town Hall Annex _ MARTIN H.SIDOR G 54375 State Route 25 GEORGE D.SOLOMON • �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND 'yCQU Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: December 18, 2006 Re: Checks Enclosed herewith are 7 checks listed below. Please return receipts to us. Thank you. Project Name & Type Tax Map # Amount Date of Check Sullivan 5ubdiv. 122-2-24.1 $500 app 11/2/06 Tall Pines @ Paradise Pt. 81-2-5 $1,000 app 11/17/06 Cottages at Mattituck 83-2-17.1 $500 app fee 12/7/06 Cottages at Mattituck 83-2-17.1 $17,049.50 12/7/06 admin fee Pawlucz k Subdiv. 84-5-4 $500 app fee 12/14/06 Pawlucz k 5ubdiv, 84-5-4 $5,000 P&P 12/14/06 Southwold Manor RSP 63-3-15 $12,807.40 app 11/15/06 • Town Of Southold P.O Box 1179 • Southold, NY 11971 / * * * RECEIPT * * * Date: 07/17/06 Transaction(s): Reference Subtotal 1 1 Application Fees 84-54 $1,000.00 Check#: NO# Total Paid: $1,000.00 "' JUL 1 8 2006 '°, Name: Pawluczyk, Bertha Est. 5000 Bridge La. Rfd Box 142 Cutchogue, NY 11935 Clerk ID: LINDAC Internal ID:845-4 cr •PLANNING BOARD MEMBER MAILING ADDRESS:P.O. Box 1179 JERILYN B.WOODHOUSE so Southold,NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR H ae 54375 State Route 25 GEORGE D.SOLOMON �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �yCOWIN$ ' Southold, NY 6� Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVCD To: Elizabeth Neville, Town Clerk JUL 1 7 2006 From: Planning Department Sou"'Id T(,a:at Clerk Date: July 17, 2006 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project SCTM Amount Check Type # # Estate of Bertha Stand. Sub. 84-5 4 $1,000.00 No # Pawlucz k prelim. plat appl. fee enc(S). 0 0 MAUING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 JERILYN B.WOODHOUSE �OF SO(/rSouthold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR C454375 State Route 25 JOSEPH L.. GEORGE SOLOMON pe (cor.Main Rd. &Youngs Ave.) TOWNSEND ly ..A� Southold,NY CQU�,� Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OFSOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: July 17, 2006 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project --S—CTM Amount Check Type # # Estate of Bertha Stand. Sub. 84-5-4 $1,000.00 No # Pawlucz k prelim. plat appl. fee FAMaL�- COUNT & O 50-791/214 TOTH 0OyQ gm a p - OLLARS n North Fork Bank ��yww.� �thfor bank.com MEMO �"'��1 /'4+ - -y) --- i:02140791 i4l" 126,1135239.1211' Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 06/24/04 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $1,000.00 Cash#: 105&126352392 Total Paid: $1,000.00 D � LP 0 D �� 2 4 2��4 JUN �---scU�tn'la Town Name: Pawluczyk, Bertha Est. 5000 Bridge La. Rfd Box 142 Cutchogue, NY 11935 Clerk ID: JOYCEW Intemal ID:96530 r � Submission Without a Cover Letter Sender: Subject: �3T14f�� © � 1�C'f�TL�✓a�� 4c L J L 2 Lr S✓B To SCTM#: 1000 - Qy Date: % Ma� 2 Comments: 1AC k 1 �1 MAY - 8 ?001 P°` LY ,, 0 r�T LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD. P.O. 13OX 1424 WILLIAM WICKHAM(06-02) MA FrI TUCK.LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE. NEW YORK 11747 JANET GEASA 631-298-8353 ---- I FI.EPAX NO.631-298-8565 9 wwblaw@aol.copd' " ' �A 1643-112-4$ 84 December 13, 200 Attn: Anthony Trezza, Senior Environmental Planner I� Town of Southold Planning Board DEC 1 5 2006 Post Office Box 1179 Southold, New York 11971 F!s?; Re: Proposed Standard Subdivision of the Estate oj B uezyj n , Premises: Bridge Lane and County Route 48, esiitr SCTM# 1000-84-5-4 Dear Anthony: Enclosed are the following: 1. Final Plat�ion Form signed by our client- 21. lient 2. Four(4) c Les and twelve (12) Mala co Les of the final plat; 3. Check in the sum of$5,000. representing the Park and Playground Fee; 4. Check in the sum of$500. representing the Final Plat Application fee. You will note that a copy of the recorded Planning Board covenants were forwarded to on July 12, 2006. We request that the public hearing be waived since there were no significant changes to the map from preliminary sketch plan approval, and there has been no opposition. Verytr ly yours, Abigail A. Wickham AAIfdm EncL 30slidphpau MAILING ADDRESS: PLANNING BOARD MEMBER pf SOQj • P.O. Box 1179 JERILYN B.WOODHOUSE ��V` 0� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS N Town Hall Annex MARTIN H.SIDOR G @ 54375 State Route 25 GEORGE D.SOLOMON ! (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ycou►m Southold, NY n 1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 2006 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Clustered Standard Subdivision of the Estate of Bertha Pawluczyk Located on the south side of CR 48 (Middle Road) in Peconic SCTM#1000-84-5-4 Zoning District: A-C Dear Ms. Wickham: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, September 11, 2006: The public hearing was closed. WHEREAS, this proposal is to subdivide a 4.193-acre parcel into two lots where Lot 1 equals 40,000 sq.ft. and Lot 2 equals 142,667 sq.ft.; and WHEREAS, on June 14, 2004 the Southold Town Planning Board issued a Negative Declaration pursuant to SEQRA and granted sketch plan approval on the maps prepared by Joseph A. Ingegno, L.S. dated March 13, 2003; and WHEREAS, on July 13, 2006, the applicant submitted the application and fee for Preliminary Plat Approval and one (1) copy of the recorded Declaration of Covenants and Restrictions for this project; be it therefore RESOLVED that the Southold Town Planning Board finds that the proposed project is consistent with the Town's Local Waterfront Revitalization Program; and be it further RESOLVED, that Southold Town Planning Board hereby grants Preliminary Plat Approval upon the map prepared by Joseph A. Ingegno, L.S. dated March 13, 2003 and last revised on March 31, 2004, subject to the following conditions: 1. Submission of the application and fee for final plat approval. Pawluczyk Subdivision Page Two September 12, 2006 2. Submission of five (5) mylars and eight (8) paper prints of the final map, each containing the Health Department stamp of approval. 3. Payment of the Park and Playground Fee in the amount of$5000. This approval is valid for six (6) months from the date of resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Elizabeth Neville, Town Clerk #8019 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencin on the 3 at ay of August, 2006. Q / Principal Clerk Sworn to before me this 2tA day of 2006 the V CHRISTINA VOLINSKI ing will bID he1¢#tY tt G Planet, 4,oardratthe TAlMa*, bald NOTARY PUBLIC-STATE OF NEW YORK Road,Bopthokl,New'fprkop;thq if No. o1-V06105050 dayof8ept wWf2006outht<%juestiou, Qualified In Suffolk County of thefaloaing: - > EtUD;p . commission Expires February 28, 2008 an. Proposed standard sulodi- viaioeferthe�Estate of sefthq Ps*fue- zyk,located•on the`,aon'th440,'r➢f3'6'R'- 48 (Middle Rogd).inoruE+3'6tWH`iSf Southold C(AhitY df�S6Tfo`ik t$f 'tit New York. Suffolk Lout#Ta`fe(3ytap Nuinber 1000-84-5-4:-,- 6:05 pm Proposed ade k1 manelr Beotper8 GT C,loggtati�f7S0 Main Road in Southold;%, of'SsyV4(hr. olds,CouoFY of Suff4lkzte-af New York.Suffolk Caun%qg pilyQiher . 6:lopm.Propq_ lsetYg4„oA . division for Beach 1ToYpas,Igcated: an the:u/s/o Ackerly Pond had aAd the w/slo NYS Route.25 mi Soildrold, o' of Southold, County of Suffolk,State of New York.Suffolk County Tax Map._ - Number 1010.543-10:1. 6.15 pm. Proposed site plan-for Eastern Long island Kampgrolmd;:_lo- cated on the sls/o ofCounty Read 48 at the s/w intersection of CR 48 and Queen Lane in Greenpott,Town of Southold, County of Suffolk;.State of New York. Suffolk County Tdx,)*Number 1WO.- 443=3 1 :. Vim BVc FfYT ` TO WM Jerilyn s:Woedao,wa cliairperapn 80194T 8/31 - AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as ��I�gc �an� rtnd ��w�h� 2ou�e � BiPeccrn �e ,nl�/ �SC7rn loco-��-54) 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 �eokmber 0 Z,Wto h-;.xa -ant notoces, by certified m-*' - Fetum rea-eolnt, the Fe-e-9-!R!§ W OFOOR return receipt cards of whic wners of record of every PE Zrcry S-hiRku Your Name (print) Signature 7(yD &Kwood Sb t+hold; NN 119-71 Address 7 D Date Notary Pu W1s , . ClrorySta to Y MOtYyPub9c State 0ff NaNllEfk l� � r No.Si-4970341 1 Oua101ed In Suffolk County �7 6 d Comakaaba ExpIm February4,20,_/ -, SEPT - g +f ,,r 5 PLEASE RETURN THIS AFFIDAVIT, CERTIItEb�MAt,I-RECEIPTS 4,h . GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri.. 9/8/06 Re: Proposed Standard Subdivision of Estate of Bertha Pawluczyk SCTM#: 1000-84-5-4 Date of Hearing: Monday, September 11, 2006, 6:00 p.m. PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ESTATE OF BERTHA PAWLUCZYK AFFIDAVIT OF SERVICE BY MAIL SCTM Parcel # 1000-84-5-4 STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: Allison M. Latham, being duly sworn, deposes and says: On the 1 st day of September, 2006, I personally mailed at the United States Post Office in Mattituck,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Suffolk County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property, as follows: Thomas L. Shalvey 1000-84-2-2.1 P.O. Box 911 Cutchogue,New York 11935 Kenneth D. Richert 1000-84-2-2.2 Danielle M. Callahan 100 Vista Place Cutchogue,New York 11935 Herodotus Damianos 1000-84-4-10.1 591-A Bicycle Path Port Jefferson Station, New York 11776 August N. Gandia 1000-84-5-5 Christopher J. Gandia P.O. Box 45 Cutchogue,New York 11935 Fredrick Lee 1000-84-5-3.1 & Karen A. Lee 1000-84-5-3.2 25180 County Road 48 Peconic, New York 11958 Salvatore Iannolo 1000-84-1-6.16 Maria C. Iannolo 104 Arlington Street Mineola, New York 11501 , A Lison M. Latham SwoW to before me this y of eptember, 006. Notary ublic faffmaill DONNA MCGAHAN Notary Public, State of New York No. 01 MC4851459 Qualified In Suffolk County Commission Explrw Aug. 16,9096 Zoi o Postal COMPLETE THIS SECTION ON PELIt, THIS SECTION CERTIFIED MAIL,, RECEIPT N ■ Complete Items 1,2.and 3.Also complete A - ❑Agent Co (Domestic Item 4 if Restricted Delivery Is dewed. x ❑Addressee m '. . ■ Print your name and address on the reverse N •' p / ® , so that we can return the card to you. e. Pd~1 C. Delhrery ,-D Y"7✓ P4 U ■ Attach this card to the back of the mailplece. ( rq .39 or on the front*specs permits. D. b address dtiferant 12 ❑ o LbnIIMtl posew a ' 0C)�ppn�A 1. ArticleAddeseWta - If YES,enter dellvery address below. ❑No G �,�Herodot laianos C3 RGWM o (s+bonid 591-A B e PathPort J on Station, NY 117 m00.00 .a Service Type TbulP0WP&Fese ,$ •�1WCertilbdMdl ❑BPMMdl O BWTa ❑Rega[aretl 10 Return Receipt for Merchandise C3Sa VatOre_I nolo aria C. Iannolo ❑Insured Md ❑C.O.D. M1 8F,vatore „$?.�...».-...�5.. ...,.�.......................... 4. RN&ICW D~Pft F80 ❑vo aPoewNa 104 Arlington Street 2. Article Number 7004 1350 0005 1623 8052 Mineola NY 11501 maraweomserwailtew PS Form 3811,February 20D4 Domestic Return ReoApt`... 102596e241.1M0 Postal rNr1 CERTIFIED MAIL,, RECEIPTMstrts 1.2.and 3.Also complete A SWok" o (Domestic e Item 4 If Reetrtcted Delivery Is desired. [3 Agent 0 ■ Print your namand address on the reverse X ClAckhesses M so that we can return the card to you. B. Received by p")ruAa -0 � 5VF Al -2 [ E M or�the front If space Permitsthis card to the back ofthe mailpiece b A e 9 0952 ds D. Is dmvery addreee deferent tom Item 17 `n Paereps - 1. Article tore Iannolo H�'���'sddnt88 below` 13 No C cwdwfee r @7 _ C3 Maria C. Iannolo C3 (M, tReydFWC3 rem HerB 104 Arlington Street M b�sR �onli}ley Mineola, I�ew York 11501 •OW Postalle a Fees $ 4 09/01/2006 s. Service A mail ❑Express Melt C3 sw To ❑Registered I rReturn Receipt for Merchandise C3 Herodotus Damianos ❑Insured mail ❑c.o.D. Wrak AIXI 6::•".................:..•._..-.-`-•'---_........_...••---.`.---..•-. 4. Restricted Delivery?/Orbs Pee) ❑vee erPoeasNa �1-A Bicle Path _-- - G'dy;Vie;$ .•...._.."_ - ..•...._•.... 2. Article Nmnber Port Jefferson Station, NY 11776 fnanatertomsemcemtaL 7004 1350 0005 1623 8021 PS Form 3811,February 2004 Domestic Return Receipt laesesbz-Wtseo _n U.S. Postal Service,,, COMPLETE THIS SECTION COP.,IPLETE THIS SECTION r'N DELIVERY r E3 .. • ■ Complete Items 1,2.and 3.Also complete A re CO Hem 4 H Restricted Dell very b desired. 0� rn For delivery information vig"t y `e {{. H g �a •. ■ Print your name and a�ress on the reverse �l -0 F F 1 C I A L E ■ AAtttech thatis card to th bbac of he card ththe MWlpiece, r9l or on the front H apace permits. Ln Paetaae $ '39 0-1 --) 6�Z96{ D. Is delivery addrese different teen Item 17 Yes 0 geaaed F" 1 LD �' H YES,enter delivery address below: O No C3 T N Fr, k Lee 6 Karen A. Lee 0o tEnaa ntRouireFB`aIi25 unty Road 48 m loet� Pe ` New York 11958 ToterPoeteaeaFees $ /�n\ g�V,i .'�a. 3. SWVICeTIPS �'cetltlod Mal 0 l C3 s 0Regbtered XrRetum Receipt for Merchandise Thomas L. Shalee 0 Insured Mall 0 O.O.D. �1`00*ift P.O. Box 911 4. RwMcted Delivery?Pft Feel 13 Yes cnii-sierana.s ' ......-..... Cutcho ue, NY 11935 2. Article Number fnansarhenserwoebbeq' 70D4 1350 0005 1623 8038 PS Form 3811,February 2004 Domestic Return Receipt 1026960244.1540 COMPLETESENPostal s • • do CERTIFIED MAIL % RECEIPT ■ Complete Hems 1.2,and 3.Also complete A ft fe Z[3AFgwd p . c Mail Only;No Insurance Coverage Provided) iHem 4 H Restricted Delivery is desired. X seecD■ Print your name and address on the reverseso that we can return the card to you. s. Racekvd( Alf p�(I1Y�9�8C ' A L U■ Attach this card to the back of the malipiece, ,Ar. 39 �or on the front H space permits. D. Is daloery address different sora rq Pmtnpe $ 1. Article Addressed to: H YES,eller deiivey address below: 0 No u1 40 07 Thomas L. Shalvey C3 0 P.0. sox 911 (F51till rre,eReydre�a) `O Has S� ue, New York 11935 Cutchlsg m M�wrea1 $0.00 i i%20p6 3. Servloe lype a lbtel Postige&Fees $ XCww,W MN 0 0dpreas Mal 7 O Registered $Ream ReaalPt for Mwdmldiea O OInsured map 0O.O.D. C3FredricHLee„¢ Karen,.A,,Le�,,,- a ResmcredDeilveMP*il OYee apouewrNo. 25180 Count+ Rosd 48_•.•,_•w•-,,,,,,,,,,, �'�d"fB�aP`4 11958 2. A''feNumber 7004 1350 0005 1623 8076 Peconic NY mansisraom serwos law PS Form 3811,February 2004 Domestic Regan Reoil 1 'W1M'.. Ln U.S. Postal Service CERTIFIEDIMAIL, RECEIPT (Domesticonly;NO Insurance Coveraqe provided) C13M fuuLa" F'19VIAL USE Ln aoetaee $ .39 0952 M Carew Fee ,Q. 6�` Sd 1) O Rearm hedept Fee •4 M (Ergoteemeot R 1red) ReetrkOeA DeAven Fee M m (EnCoreemont Raqulred) m rq ti Total Foetepe S Fees $ 09/0 o , 1, m4 uaust N. Gandia &_ Christopher J: Gandi gbeel'M�•7u5::.__._.............. orPO ^^� P.O. Box 45 L £smis awe. .......... Cutcho ue, NY 11935 .ostal Service -ai: CERTIFIED MAIL, RECEIPT Ir M ..mestic Mail Only: M ru c F IALe USE Lng 9 666.rss C CarewFea `� Realm Regept Fae 0 (BldoreeererR HegiareE) 2 Nwe d h Ree6kbtl J m ...°p,y r a f0.00rq 7'Mel Poatege6Faee $ 09 _ M u N et_eth_D,_Rice __ _Danielle M•�Callah tr e.rOemrNa w. B=Akx . 1,Q0 Vista Place Cutcho ue NY 11935 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York, being duly sworn, says that on the 28th day of August, 2006, 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. 09/11/06 Special Meeting: 6:00 p.m. Public Hearing for the proposed standard subdivision for the Estate of Bertha Pawluczyk– SCTM#1000-84-5-4 6:05 p.m. Public Hearing for the proposed site plan for Romanelli Brothers, LLC•– SCTM#1000-63-6-4 6:10 p.m. Public Hearing for the proposed conservation subdivision of Beach Plum Homes – SCTM#1000-69-3-10.1 6:15 p.m. Public Hearing for the proposed site plan for Eastern Long Island Kampground – SCTM#1000-40-3-5 Linda Randolph Secretary, Southold Town Planning Board Sworn to before me this day of AT Sf— 2006. W"Sx�I Nota blic MELANIE DOROSKI NOTARY PUBLIC,State of New York N0,01D04634870 Qualified in Suffolk County Commission Expires September 3t 1b PLANNING BOARD MEMBEV • MAILING ADDRESS: JERILYN B.WOODHOUSE QF so PhBox 11791� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G C 54375 State Route 25 GEORGE D.SOLOMON �p (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ���yCow, ' Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of September, 2006 on the question of the following: 6:00 p.m. Proposed standard subdivision for the Estate of Bertha Pawluczyk, located on the south side of CR 48 (Middle Road) in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-5-4. 6:05 p.m. Proposed site plan for Romanelli Brothers, LLC, located at 51750 Main Road in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-6-4. 6:10 p.m. Proposed conservation subdivision for Beach Plum Homes, located on the n/s/o Ackerly Pond Road and the w/s/o NYS Route 25 in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-69-3-10.1. 6:15 p.m. Proposed site plan for Eastern Long Island Kampground, located on the s/s/o of County Road 48 at the s/w intersection of CR 48 and Queen Lane in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-40-3-5. Dated: 8/28/06 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson MAILING ADDRESS: PLANNING BOARD MEMBER P.O. Box 1179 JERILYN B. OODHOUSE ��OF SOUTyo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON ' p (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND OIy��ONTV,0 � Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of September, 2006 on the question of the following: 6:00 p.m. Proposed standard subdivision for the Estate of Bertha Pawluczyk, located on the south side of CR 48 (Middle Road) in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-5-4. 6:05 p.m. Proposed site plan for Romanelli Brothers, LLC, located at 51750 Main Road in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-6-4. 6:10 p.m. Proposed conservation subdivision for Beach Plum Homes, located on the n/s/o Ackerly Pond Road and the w/s/o NYS Route 25 in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-69-3-10.1. 6:15 p.m. Proposed site plan for Eastern Long Island Kampground, located on the s/s/o of County Road 48 at the s/w intersection of CR 48 and Queen Lane in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-40-3-5. Dated: 8/28/06 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, August 3, 2006 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times MAILING ADDRESS: 7 PLANNING BOARD MEMBER P.O. Box 1179 JERILYN B.WOODHOUSE �O-``�rjF SOUTyOIo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR A Q 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND O�yCOU'M Southold, NY IY 11 C� Telephone: 631 765-1938 August 15, 2006 Fax: 631 765-3136 PLANNING BOARD OFFICE Abigail A. Wickham, Esq. TOWN OF SOUTHOLD PO Box 1424 Mattituck, NY 11952 Re: Proposed Standard Subdivision of the Estate of Bertha Pawluczyk The parcel is located on the south side of C.R. 48 (Middle Road) in Peconic. SCTM#1000-84-5-4 Zoning District: A-C Dear Ms Wickham: The Southold Town Planning Board, at a meeting held on Monday, August 14, 2006, 2006, adopted the following resolution: WHEREAS, this proposal is to subdivide a 4.193-acre parcel into two lots where Lot 1 equals 40,000 sq.ft. and Lot 2 equals 142,667 sq.ft; and WHEREAS, on June 14, 2004, the Southold Town Planning Board granted conditional sketch plan approval on the map prepared by Joseph A. Ingegno, L.S. dated March 13, 2003 and last revised on March 31, 2004; and WHEREAS on July 13, 2006, the applicant submitted an Application for Preliminary Plat Approval and the preliminary map prepared by Joseph A. Ingegno, L.S. dated March 13, 2003 and last revised on June 2, 2006; be it therefore RESOLVED, that the Southold Town Planning Board set Monday September 11, 2006 at 6:00 p.m. for a preliminary public hearing on the maps Joseph A. Ingegno, L.S. dated March 13, 2003 and last revised on June 2, 2006. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, September 8, 2006. The sign and the post need to be returned to the Planning Board Office after the public hearing. i 0 0 Estate of Bertha Pawluczyk Page Two August 15, 2006 If you have any questions regarding the above, please contact this office. Very truly yours,, / Jerilyn B. Woodhouse Chairperson cc: Elizabeth Neville, Town Clerk encs. �- fiN22 9 a-o2-0a 9-oo-a � 02 0a-0 r 01 0 \ a \ n x loo aoo� d MATCH LINE a\\MALCN LINE Y 02-09-01 __ y 092401 Ero ceL.no V FOR PCL N0. 09 26'01 'T "I SE,.rn. SEE SEC.NO. 10 12 04 -oou FOR PCL NO. q,l \ 073-02-004 11-C 401 6.1Alc1 SEE SEC.NO. 26A 2 re-001 0)- 94 vcL.xo. 01-003.4 \ i T 01-0]-0 Six oz ow. ": Q• 5 o-oo ,o ? _ 1-2e-o 4s \ to 6-2e-0 4.4 4.)F z.04fc1 ]-290 a��� a]a ,\2 1.1 SEE aE.sa '°� R \ 9.OA1 h ^e aJ \ 4.5 Sr s' )].za TOIN OF SWix0.o 1OE1ELSEMEN1.1N111 2I1AIcl 7,4 16.11A1d COUNTY OF 6LFFOLK �MVELOG4EX1 PoGN]Si 20.91 b ". �.. tae 2.44 B.2 2.oA 10.4 v - s.9A 2.041c1 v 25.2 k. NCI 6.]Alcl SP] MACH LINE MPiln SEE SEC.N0.096 1 IF HSI EST . OF BERTHA PAWLUCZYK ESTATE OF BERTHA PAWLUCZYK STANDARD SUBDIVISION 1000 =84 =5 =4 Proposal to i - p subdivide a 4.193 acre parcel into two lots where Lot 1 equals 40,000 sq.ft. and Lot 2 equals 142,667 sq.ft. in the A-C Zone. MONDAY, SEPT. 11 , 2006 - 6 : 00 P . M . 0 Southold Town Plannina 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 standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-84-5-4; 3. That the property which is the subject of this application is located in the Agricultural-Conservation District, A-C Zone; 4. That this proposal is to subdivide a 4.193-acre parcel into two lots where Lot 1 equals 40,000 sq.ft. and Lot 2 equals 142,667 sq.ft. The property is located on the south side of C.R. 48 (Middle Road) in Peconic. 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2"d Fl., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631) 765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, September 11, 2006 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 Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Estate of Bertha Pawluczyk Date: 8/21/06 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., 9/8/06 Re: Proposed Standard Subdivision of Estate of Bertha Pawluczvk SCTM#: 1000-84-5-4 Date of Hearing: Monday, September 11, 2006, 6:00 p.m. LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 July 21, 2006 Attn: Anthony Trezza, Senior Environmental Planner Town of Southold Planning Board Post Office Box 1179 Southold,New York 11971 Re: Proposed Standard Subdivision of the Estate of Bertha Pawluczyk Premises: Bridge Lane and County Route 48,Peconic,New York SCTM# 1000-84-5-4 Dear Anthony: Enclosed is a copy of the Covenants and Restrictions for the above property which were recorded in the Suffolk County Clerk's office on June 30, 2006 in Liber 12457, page 646. Very truly yours, Abigail A. Wickham End 30/shdpbpawl JUL 2 4rlsyo 2006 } o • • sr LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.c. 13015 MAIN ROAD, P.O. BOX 1424 ERIC J.BRESSLER MATTITUCK, LONG ISLAND WILLIAM WICKHAM(o6-o2) ABIGAIL A.WICKHAM NEW YORK 11952 _ LYNNE M.GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE III wwb18W@801.COff1 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO.631-249-9484 July 12. 2006 Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold,New York 11971 Re: Proposed Standard Subdivision of the Estate of Bea _awluczyk ' Premises: Located on the South side of CR 48, Peconic, V SCTM 91000-84-5-4 1 Ladies and Gentlemen: Enclosed are the following: 1 PIflC,tll " a 1. Preliminary Plat Application Form; 2. Five(5) copies of the Preliminary Plat; 3. Copy of Covenants and Restrictions (recorded in the SgAR C'(u ti Clerk's office June 30, 2006 in Liber 12457,page 646); 4. Check in the sum of$1,000.00 made payable to the Town of Southold, representing your fee. Very t /yours, Abigail A. Wickham Encl. 30 shdpbprelplat Please be advised this document will ba 2 public record Remove Social Security Number(s)prior to recording. , Number of pages w. T©RRENS n �n Serial# 1, Certificate# 5 Prior Ctf. # _J Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recordi .; Ixtt 3 FEES Mo`jage Amt. Page/Filing Fee _ 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-52 17 (County) _ Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX _ Dual Town Dual County R.P.T.S.A. Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit ° °s• Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. l000 Section 084.00 1 Block o5.oo I Lot 004.000 5 Community Preservation Fund Real Property Consideration Amount $ Tax Service Agency CPF Tax Due $ Verification Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD TD WICMU,BRESSLER,GORDON b GEASA,P.C. TD 13015 MAIN ROAD,P.O.BOX 1424 MAMUCK,NX 11952 7 Title Company Information Co. Name Title# 8 Suffolk- County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) IRENE STULSKY The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold TOWN OF SOUTHOLD PLANNING BOARD In the VILLAGE or HAMLET of Peconic BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OFF COVENANTS AND RESTRICTIONS DECLARATION,made the 1✓"day of June, 2006, by IRENE STULSKY, as Surviving Executrix under the Last Will and Testament of Bertha Pawluczyk deceased; Suffolk County 8/6/02 Letters Testamentary issued 10/9/02 (1866 P 2002), residing at 760 Seawood Drive, Southold,New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at 26170 County Road 48,Peconic,Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide a 4.193 acre parcel into two lots under its cluster provision a district where the minimum lot size is 80,000. sq. ft.: a)Lot 1, a clustered lot, contains 40,000. sq. ft., and b)Lot 2 equals 142,667. sq. ft. which includes 40,000 cluster open space allocated from Lot 1, as shown on a subdivision map entitled,"Cluster Minor Subdivision Map prepared for The Estate of Bertha Pawluczyk",prepared by Joseph A. Ingegno,Land Surveyor,dated March 13,2003, last revised June 7, 2005, and WHEREAS, in consideration of the granting of subdivision 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 owner and prospective owners of said lots that Lot 2 on said map, acknowledge that the subdivision was based upon its cluster subdivision provisions, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; NOW,THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the said premises herein described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns,to wit: 1. DECLARANT acknowledges cluster open space, equal to 40,000 square feet has been allocated from Lot Land added to Lot 2 in order to allow Lot I to be 40,000 square feet in size rather than the required 80,000 square foot minimum lot size. The Declarant agrees that the cluster area of 40,000 be excluded from any future yield calculations applied to Lot 2. 2. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII,Farmland Bill of Rights, of the Southold Town Code. 3. No changes shall be made to any of the lot lines on the approved and filed subdivision map without approval by the Southold Town Planning Board. 4. These covenants and restrictions are enforceable by the Town of Southold and can be modified only at the request of the then owner of the lot with the approval of a majority plus one of the Planning Board of the Town of Southold, subject to a public hearing. 5. This covenant and restriction shall run with the land in perpetuity. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. 4& IRENE STULSKY, as Surarding Executrix of The Estate of Bertha Pawluczyk, deceased STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On June 0 , in the year 2006, before me,the undersigned, a Notary Public in and for said State, personally appeared Irene Stulsky, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument,the individual, or the person o ntity upon behalf of which the individual acted, executed the instrument. Not Public re:C&Rpbnfspws DONNA MoCiAHAN NO NoPublic, 01MC4851459 Commis�slon Expires Aug. 1882008 SCHEDULE A ALL that certain plot, piece or parcel of land situate at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly side of Middle Road (North Road) (C. R. 48) at the extreme easterly end of the curve connecting the easterly side of Bridge Lane with the southerly side of Middle Road (North Road) (C. R. 48); RUNNING THENCE along the southerly side of Middle Road (North Road) (C. R. 48) the fallowing two (2) courses and distances: 1. North 58 degrees 57 minutes 01 seconds East, 41.54 feet; 2. Easterly along the arc of a curve bearing to the right having a radius of 7699.44 feet a distance of 278.67 feet to land now or formerly of Lee; RUNNING THENCE along said lands South 54 degrees 01 minutes 40 seconds East, 483.86 feet to land now or formerly,nf Gandia; RUNNING THENCE along said lands South 54 degrees 29 minutes 10 seconds West, 379.74 feet to the easterly side of Bridge Lane; RUNNING THENCE along the easterly side of Bridge Lane the following two (2) courses and distances: 1. North 56 degrees 43 minutes 00 seconds West, 426.03 feet; 2. Northeasterly and easterly along the arc of a curve bearing to the right having a radius of 60.00 feet a distance of 121.13 feet to the'Southerly side of Middle Road (North Road) (C. R. 48) at the point or place of BEGINNING. • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE ��OF SO(/T�O Southold, NY 11971 Chair �� 110 OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR H 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND OIyC�Ury l, Southold, NY Telephone: 631768-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13, 2006 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Clustered Standard Subdivision of the Estate of Bertha Pawluczyk Located on the south side of CR 48 (Middle Road) in Peconic SCTM#1000-84-5-4 Zoning District: A-C Dear Ms. Wickham: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 12, 2006: WHEREAS, this proposal is to subdivide a 4.193-acre parcel into two lots where Lot 1 equals 40,000 sq.ft. and Lot 2 equals 142,667 sq.ft.; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on the maps, dated as revised March 13, 2004 on June 14, 2004; and WHEREAS, the applicant has requested an extension of time in order to obtain Health Department approval and meet the conditions of sketch approval; therefore, be it RESOLVED, that the Planning Board grant an extension of time for sketch plan approval effective from June 14, 2006 until December 14, 2006. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson PLANNING BOARD MEMBER • MAILING ADDRESS: JERILYN B.WOODHOUSE QS F soy P.O. Box 11791� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR 4%74A e 54375 State Route 25 GEORGE D. SOLOMON %74A ,O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ��ycoum Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Kieran Corcoran, Assistant Town Attorney From: Anthony Trezza, Sr. Planner Date: June 1, 2006 Re: Covenants and Restrictions Standard Subdivision of the Estate of Bertha Pawluczyk 1000-84-5-4 Enclosed, please find the draft Covenants and Restrictions for the above- referenced subdivision. A copy of the subdivision map is also enclosed. Please review the C & R's and advise of any revisions that are needed. I expect the Planning Board will require additional covenants, depending on the LWRP review. If you have any questions or need additional information, please contact this office. Thanks. f 0 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the day of June, 2006, by IRENE STULSKY, as Surviving Executrix under the Last Will and Testament of Bertha Pawluczyk deceased; Suffolk County 8/6/02 Letters Testamentary issued 10/9/02 (1866 P 2002), residing at 760 Seawood Drive, Southold,New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at 26170 County Road 48, Peconic, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide a 4.193 acre parcel into two lots under its cluster provision a district where the minimum lot size is 80,000. sq. R.: a) Lot 1, a clustered lot, contains 40,000. sq. ft., and b) Lot 2 equals 142,667. sq. ft. which includes 40,000 cluster open space allocated from Lot 1, as shown on a subdivision map entitled, "Cluster Minor Subdivision Map prepared for The Estate of Bertha Pawluczyk", prepared by Joseph A. Ingegno, Land Surveyor, dated March 13, 2003, last revised June 7, 2005, and WHEREAS, in consideration of the granting of subdivision 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 owner and prospective owners of said lots that Lot 2 on said map, acknowledge that the subdivision was based upon its cluster subdivision provisions, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the said premises herein described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. DECLARANT acknowledges cluster open space, equal to 40,000 square feet has been allocated from Lot land added to Lot 2 in order to allow Lot 1 to be 40,000 square feet in size rather than the required 80,000 square foot minimum lot size. The Declarant agrees that the cluster area of 40,000 be excluded from any future yield calculations applied to Lot 2. 2. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 3. No changes shall be made to any of the lot lines on the approved and filed subdivision map without approval by the Southold Town Planning Board. 4. These covenants and restrictions are enforceable by the Town of Southold and can be modified only at the request of the then owner of the lot with the approval of a majority plus one of the Planning Board of the Town of Southold, subject to a public hearing. 5. This covenant and restriction shall run with the land in perpetuity. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. IRENE STULSKY, as Surviving Executrix of The Estate of Bertha Pawluczyk, deceased STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On June , in the year 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Irene Stulsky, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public re:C&Rpbnfspws SCHEDULE A ALL that certain plot, piece or parcel of land situate at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly side of Middle Road (North Road) (C. R. 48) at the extreme easterly end of the curve connecting the easterly side of Bridge Lane with the southerly side of Middle Road (North Road) (C. R. 48); RUNNING THENCE along the southerly side of Middle Road (North Road) (C. R. 48) the following two (2) courses and distances: 1. North 58 degrees 57 minutes 01 seconds East, 41.54 feet; 2. Easterly along the arc of a curve bearing to the right having a radius of 7699.44 feet a distance of 278.67 feet to land now or formerly of Lee; RUNNING THENCE along said lands South 54 degrees 01 minutes 40 seconds East, 483.86 feet to land now or formerly:of Gandia; RUNNING THENCE along said lands South 54 degrees 29 minutes 10 seconds West, 379.74 feet to the easterly side of Bridge Lane; RUNNING THENCE along the easterly side of Bridge Lane the following two (2) courses and distances: 1. North 56 degrees 43 minutes 00 seconds West, 426.03 feet; 2. Northeasterly and easterly along the arc of a curve bearing to the right having a radius of 60.00 feet a distance of 121.13 feet to the southerly side of Middle Road (North Road) (C. R. 48) at the point or place of BEGINNING. T LAW OFFICES - WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 1I I LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com �- May 30, 2006 r JUN - 1 2006 Attn: Anthony Trezza, Senior Environmental Planner Town of Southold Planning Board Post Office Box 1179 Southold,New York 11971 Re: Proposed Standard Subdivision of the Estate of Bertha�awluIt " 'F"- -�- •-_-•- r r- Premises: Bridge Lane and County Route 48, Peconic,New York SCTM# 1000-84-5-4 Dear Anthony: Pursuant to your memo of May 16, enclosed are revised Covenants and Restrictions. If acceptable, we will have our client sign them and have them recorded. We have asked the surveyor to prepare preliminary plat maps and will submit the maps with the application as soon as the maps are completed. In order to accommodate the timeframe for Covenant review and preliminary plat submission, we ask for an extension of sketch plan approval which expires on June 14, 2006. Thank you for your consideration. Very truly yours, Abigail A. Wickham AAW/al End 30,shdpbp"l DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the day of June, 2006, by IRENE STULSKY, as Surviving Executrix under the Last Will and Testament of Bertha Pawluczyk deceased; Suffolk County 8/6/02 Letters Testamentary issued 10/9/02 (1866 P 2002), residing at 760 Seawood Drive, Southold,New York 11971,referred to as the Declarant. WHEREAS,the Declarant is the owner of certain real property situate at 26170 County Road 48, Peconic, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide a 4.193 acre parcel into two lots under its cluster provision a district where the minimum lot size is 80,000. sq. ft.: a) Lot 1, a clustered lot, contains 40,000. sq. ft., and b) Lot 2 equals 142,667. sq. ft. which includes 40,000 cluster open space allocated from Lot 1, as shown on a subdivision map entitled, "Cluster Minor Subdivision Map prepared for The Estate of Bertha Pawluczyk", prepared by Joseph A. Ingegno, Land Surveyor, dated March 13, 2003, last revised June 7, 2005, and WHEREAS, in consideration of the granting of subdivision 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 owner and prospective owners of said lots that Lot 2 on said map, acknowledge that the subdivision was based upon its cluster subdivision provisions, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the said premises herein described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors. legal representatives, distributees, successors and assigns, to wit: 1. DECLARANT acknowledges cluster open space, equal to 40,000 square feet has been allocated from Lot 1 and added to Lot 2 in order to allow Lot 1 to be 40,000 square feet in size rather than the required 80,000 square foot minimum lot size. The Declarant agrees that the cluster area of 40,000 be excluded from any future yield calculations applied to Lot 2. 2. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 3. No changes shall be made to any of the lot lines on the approved and filed subdivision map without approval by the Southold Town Planning Board. 4. These covenants and restrictions are enforceable by the Town of Southold and can be modified only at the request of the then owner of the lot with the approval of a majority plus one of the Planning Board of the Town of Southold, subject to a public hearing. 5. This covenant and restriction shall run with the land in perpetuity. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. IRENE STULSKY, as Surviving Executrix of The Estate of Bertha Pawluczyk, deceased STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On June , in the year 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Irene Stulsky, personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument,the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public re:C&Rpbnfspws SCHEDULE A ALL that certain plot, piece or parcel of land situate at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly side of Middle Road (North Road) (C. R. 48) at the extreme easterly end of the curve connecting the easterly side of Bridge Lane with the southerly side of Middle Road (North Road) (C. R. 48); RUNNING THENCE,along the southerly side of Middle Road (North Road) (C. R. 48) the following two (2) courses and distances: 1. North 58 degrees 57 minutes 01 seconds East, 41.54 feet; 2. Easterly along the arc of a curve bearing to the right having a radius of 7699.44 feet a distance of 278.67 feet to land now or formerly of Lee; RUNNING THENCE along said lands South 54 degrees 01 minutes 40 seconds East, 483.86 feet to land now or formerly of Gandia; RUNNING THENCE along said lands South 54 degrees 29 minutes 10 seconds West, 379.74 feet to the easterly side of Bridge Lane; RUNNING THENCE along the easterly side of Bridge Lane the following two (2) courses and distances: 1. North 56 degrees 43 minutes 00 seconds West, 426.03 feet; 2. Northeasterly and easterly along the arc of a curve bearing to the right having a radius of 60.00 feet a distance of 121.13 feet to the southerly side of Middle Road (North Road) (C. R. 48) at the point or place of BEGINNING. /PLANNING BOARD MEMBE MAILING ADDRESS: 0-1 • P.O. Box 1179 JERILYN B.WOODHOUSE so Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR A 54375 State Route 25 GEORGE D.SOLOMON �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND '�COUrnv N Southold, NY n11 (� Telephone: 631765-1938 Fax: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Planning Board E C pr ____ _- From: Mark Terry, Senior Environmental Planner LWRP Coordinator MQY 3 1 2006 Date: May 30, 2006 � Sowr-��d town Planni Board Re: Proposed Subdivision of Estate of Bertha Pawluczyk SCTM# 84.-5-4 Zoning Dlstrtctl- t , , :• .:, i The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. This proposal is to subdivide a a 4.193-acre parcel into two lots where Lot 1 equals 40,000 sq.ft. and Lot 2 equals 142,667 sq.ft. To further Policy 5, and protect and improve the water quality and supply in the area, it is recommended that the following best management practices be required: 1. Require the use of gutters, leaders and subsurface drywells to retain surface runoff. 2. Require the use of native plants and encourage the use of disease-resistant and drought-tolerant plants in landscaping. 3. Prohibit the residential application and use of synthetic pesticides and fertilizers capable of entering the potable water supply. 4. Require low flow faucets and toilets as per Suffolk County Water Authority. 5. Require the uses of pervious driveways to serve each lot. Additionally,where fertilization is proposed the following best management practices are recommended for lawn areas: 6. Choose fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. 7. Choose organic fertilizers, whereby all nitrogen in the mixture is non-synthetic. 8. Do not apply fertilizers and pesticides within 100 feet of surface waters and wetlands. To further Policy 8, it is also recommended that following solid waste management initiatives be encouraged: V^ 9. The use of materials generated by the Town of Southold Compost Facility which contribute to the replenishment of organic matter in local soils and help reduce the reliance of fertilizers and herbicides and minimize the reduction of fertilizers and herbicides in the Town's ground and surface waters. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,the proposed action is generally consistent with the LWRP provided that the above recommendation 1 through 5 are required in any subdivision approvals. It is recommended that the applicant is advised of recommendations 6 through 9. Cc: File Anthony Trezza, Senior Planner 0 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �OF SOUj�o� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR GC 54376 State Route 25 GEORGE D.SOLOMON - �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Southold, NY �UU11110 Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Abigail A.Wickham Esq. 631-298-8565 (fax) From: Anthony P.Trezza,Sr.Planner Date: May 16,2006 Re: Standard Subdivision of the Estate if Bertha Pawluczyk 1000-84-5-4 In response to your letter dated April 6,2006,the Planning Board reviewed your draft Declaration of Covenants and Restrictions at their work session on May 15,2006. Please note the following revisions: 1. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated agricultural activities pursuant to Article XXII,Farmland Bill of Rights,of the Southold Town Code. 2. No changes shall be made to any of the lot lines on the approved and filed -- subdivision map without approval by the Southold Town Planning Board. 3. Add a clause which states that the C&R's are enforceable by the Town of Southold and can only be amended,revoked or otherwise changed by a majority plus one of the Planning Board,subject to a public hearing. In addition,please submit the application and fee for preliminary plat approval so we may schedule the application for a preliminary hearing at the June meeting for July 10,2006. When the draft C&R's have been revised, submit a copy for to this office for final approval by the Town Attorney. If you have any questions or need additional information,please feel free to contact this office. • • jT LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com " "� • 484 April 6, 2006 a � Attn: Mr. Mark Terry, Senior Environmental Planner Town of Southold Planning Board 2, Post Office Box 1179 " 53095 Main Road a id ow,l Southold,New York 11971 Re: Proposed Standard Subdivision of the Estate of Premises: Located on the South side of CR 48, Peconic,New York SCTM# 1000-84-5-4 Dear Mark: The subdivision map has been approved by the Health Department (two prints enclosed). Please note that the map contains the Board's requested changes of its conditional sketch plan dated June 14, 2004 (items 1,3 &4—copy enclosed). The surveyor, Joseph Ingegno, confirmed that the map plat scale of 1" = 30' is acceptable to the Suffolk County Clerk's Office for filing. To address item no. 5,the deed description is slightly different than the map because of road widening along Route 48. An amended description is attached to the Health Department Declaration of Covenants and Restrictions, which has been recorded in the Suffolk County Clerk's Office, and is also enclosed. Enclosed are draft covenants which address item no. 6 for your review. The applicant prefers not to restrict further subdivision, but understands that current zoning does not permit it. Also enclosed is the LWRP completed assessment form. Very trul yours, Abigail A. Wickham AAW/dm end 30/shdtpb4 � r COPY Estate of Bertha Pawluczyk— Page Two—6/15/04 1. Amend the plat title to read "Clustered Minor Subdivision ...". 2. Amend the plat scale to 1" = 1 00' to meet Suffolk County filing requirements. 3. Amend the term Parcel 1 and 2 to read Lot 1 and 2. 4. List the zoning district (A-C) on the plat. 5. The submitted deed does not match the plat; please clarify the discrepancies. 6. The Planning Board is requiring that a covenant and restriction be filed including terminology that excludes the cluster open space (40,000 sq. ft.) from any future yield calculations applied to Lot 2. The clause must also be included upon the final plat. In addition, the Planning Board is requesting that a clause to prohibit further subdivision of the parcel be also included. Sketch plan approval is conditional upon the submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, eight (8) paper prints and three (3) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $5,000 ($5,000 per vacant lot in the subdivision). Payment is required prior to the final endorsement of the map. Note that the plat is missing locations of septic and well information that is an application requirement for Suffolk County Department of Health and final filing. It is recommended that all necessary edits be made prior to the re-submission of the plat to this office. 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, Jerilynhouse Chairperson enc. COPY SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 12/08/2005 Number of Pages: 8 At: Receipt Number : 05-0127868 04:14:19 PM LIBER: D00012424 District: Section: Block: PAGE: 1000 Lot: 478 084 .00 05.00 004. 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $24. 00 NO Handling COE $5. 00 NO $5. 00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation Cert.Copies $5.20 NO RPT $0. 00 NO SCTM $0.00 NO $30 .00 NO Fees Paid $84 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County El 2 3 RECORDED Number of pages 2005 Dec 08 04:14:19 PI1 Edward P.P.omaine TORRENS CLERK OF SUFFOLK COUNTY Serial# L D00012424 P 478 Certificate# Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. _ Handling S 1.Basic Tax TP-584 2.Additional Tax _ Notation Sub Total _ EA-52 17(County) Sub Total c�q Spec./Assit. Or EA-5217(State) _ Spec./Add. _ RP.T.S.A. TOT.MTG.TAX _ Dual Town Dual County Comm of Fd. 5 0 ti`+ Held for Apportionment Affidavit + • Transfer Tax Certified Co l Mansion Tax The property covered by this mortgage is or Reg.Copy o will be improved by a one or two family Sub Total dwelling only. Other _. YES orNO GRAND TOTAL If NO,see appropriate tax clause on page# j of this instrument. � O 5 Real Property Tax Service Agency Verification 1 611 Cotnmunity Preservation Fund 1000 08400 0500 004000 of Consideration Amount $ Stampe 100 CPF Tax Due $ Improved Date Vacant Land Initials y Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TD Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 TD Mattituck, New York 11942 8 Title Company Information Co. Name Title# Suffolk County Recording & Endorsement Page This page fcamspart ofthe attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) IRENE STULSKY, as Surviving Executrix The premises herein is situated in under LWT of BERTHA PAWLUCZYK, deceased SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold SUFFOLK COUNTY DEPARTMENT OF HFALTH SERVICES Inthe VILLAGE or HAMLET of Peconic BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, PRIVATE WELL COVENANTS DECLARATION OF COVENANTS AND RESTRICTIONS E THIS DECLARATION made this 0 day of August, 2005, by IRENE STVLSKY, as Surviving Executrix under the Last Will and Testament of Bertha Pawluczyk deceased, Suffolk County 8/6/02, Letters Testamentary issued 10/9/02 (1866 P 2002) , residing at 760 "Seawood Drive, Southold, New York 11971, hereinafter. referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES)desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval of plans for a single family residence, a subdivision or development of other construction project on the PREMISES. 2. WHEREAS, the PREMISES are to be served by an individual on-site private well; and WHEREAS, the test wells sampled for the PREMISES indicated that test results were within the minimum drinking water standards and/or guidelines of the State of New York and results are attached hereto as Schedule "C"; and WHEREAS, it has been determined that water quality of private wells is subject to change; and WHEREAS approval of the DEPARTMENT does not guarantee that the. water quality will always meet drinking water standards; and WHEREAS, the DEPARTMENT recommends periodic comprehensive water analysis of such well in order to monitor the water quality to prevent the unknowing consumption of contaminated water, the DECLARANT, its successors, heirs, or assigns agrees that if said water analysis should indicate water contamination in excess of the minimum drinking water standards and/or guidelines of the State of New York, DECLARANT, its successors, heirs, or . assigns may be required to, a. connect to public water, or b. install necessary water conditioning equipment so as to meet the minimum drinking water standards and/or guidelines of the State of New York. 3. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns. to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4 . All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, it successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. 8. The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein. 9. 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. 10. Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. &A + L.S. Irene Stulsky, as Sur ving Executrix of the Last Will and Testament of Bertha Pawluczyk deceased STATE OF NEW YORK, COUNTY OF SUFFOLK: ss: On this ✓",,day of August, in the year 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared IRENE STULSKY, personally known to me or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, . executed the instrume t a ^ - Notary Public 21/c&rhd2O05 - not"f NeWM York W 11 = 871 SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: IRENE STULSKY, AS SURVIVING EXECUTRIX UNDER THE LAST WILL AND TESTAMENT OF BERTHA PAWLUCZYK, DECEASED, SUFFOLK COUNTY 8/6/02, LETTERS TESTAMENTARY ISSUED 10/9/02 (1866 P 2002) , fee owner by virtue of deed recorded in Liber 2267 page 320; SCTM# 1000-084 .00-05.00-004.000. H.D.REF. NO. : S10-04-0015 ALL that certain plot, piece or parcel of land situate at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly side of Middle Road (North Road) (C. R. 48) at the extreme easterly end of the curve connecting the easterly side of Bridge Lane with the southerly side of Middle Road (North Road) (C. R. 48); RUNNING THENCE along the southerly side of Middle Road (North Road) (C. R. 48) the following two (2) courses and distances: 1. North 58 degrees 57 minutes 01 seconds East, 41.54 feet; 2. Easterly along the arc of a curve bearing to the right having a radius of 7699.44 feet a distance of 278.67 feet to land now or formerly of Lee; RUNNING THENCE along said lands South 54 degrees 01 minutes 40 seconds East, 483.86 feet to land now or formerly of Gandia; RUNNING THENCE along said lands South 54 degrees 29 minutes 10 seconds West, 379.74 feet to the easterly side of Bridge Lane; RUNNING THENCE along the easterly side of Bridge Lane the following two (2) courses and distances: 1. North 56 degrees 43 minutes 00 seconds West, 426.03 feet; 2. Northeasterly and easterly along the arc of a curve bearing to the right having a radius of 60.00 feet a distance of 121.13 feet to the southerly side of Middle Road (North Road) (C. R. 48) at the point or place of BEGINNING. SCHEDULE "B" CONSOF measeosm (NONE) . \ % / 3 \ - \ } \ $ } \ � \ � �\ ± m \ $ � � f . � \ + } SUP COUNTY DEPARTMENT OF. HEALTH SERVICES - WATER LYSIS Requestor Nome: 'PAWLUCZYK C/O WICKHAM, SSLER, GORDON - Request No. : PR05�45 Location: ROUTE 48, CUTCHOGUE Sample Date: 03/03/2005 Sample Location: TESTWELL Sanitarian: REILLY Treatment: NONE Field No. : 600-468-05-03-03 Notes: '<' symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. '*' symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCL's not shown below have not been established. Result MCL Result MCL Results for Sample Group: ALDICARB PESTICIDES analyzed by Suffolk County Department of Health Services Total Aldicarb (talc).................. 9.400 7.00 .................... < u9/L Carbaryl..................... <Aldicarb 0.500 50.00 ug/L .50 ug/L 1-Naphthol............................. < 0.500 ug/L Aldicarb-Sulfoxide..................... = 1.600 ug/L Methomyl............................... < 0.500 50.00 ug/L Aldicarb-Sulfone...................... = 2.800 - ug/L Propoxur (Baygon)..................... < 0.500 50.00 ug/L Carbofuran............................. c 0.500 90.00 ug/L Methiocarb............................. < 0.500 50.00 ug/L 3-Hydroxycarbofuran................... < 0.500 50.00 ug/L Methiocarb sulfone..................... < 0.500 50.00 ug/L Oxamyl................................. < 0.500 50.00 ug/L --- Results for Sample Group: CHLORINATED PESTICIDES analyzed by Suffolk County Department of Health Services alpha-MC.............................. < 0.200 0.20 ug/L 4,4-DDD................................ < 0.200 50.00 ug/L beta-BHC............................... < 0.200 0.20 ug/L 4,4-DDT................................ < 0.200 50.00 ug/L gammen-BHC (Lindane).................... < 0.200 0.20 ......................... < u /L Endrin................................. <delta-BHC0.200 2.00 ug/L 0.200 0.20 ug/L Endrin aldehyde........................ < 0.200 50.00 ug/L Heptachlor............................. < 0.200 0.40 ug/L Chlordane.............................. < 1.000 2.00 ug/L Heptachlor epoxide..................... c 0.200 0.20 ug/L Alachlor............................... < 0.500 2.00 ug/L Aldrin................................. < 0.200 50.00 ug/L Methoxychlor........................... < 0.200 90.00 ug/L Dieldrin............................... < 0.200 50.00 ug/L Endosulfan II.......................... < 0.200 2.00 ug/L Endosulfan I........................... < 0.200 2.00 ug/L Endosulfan Sulfate..................... < 0.200 50.00 ug/L Dactha1................................ < 0.200 50.00 ug/L 1,2-dibromnethane...................... < 0.020 0.05 ug/L 4,4-DDE................................ 0.200 50.00 ug/L 1,2-dibromo-3-chloropropane............ c 0.020 0.20 ug/L Results for Sample Group: DACTHAL PESTICIDES analyzed by Suffolk County Department of Health Services ..................... Monomethyltetrachloroterephthalate..... < 5.000 50.00 ug/L Tetrachloroterephthalic acid........... < 5.000 50.00 ug/L Results for Sample Group: HERBICIDE METABOLITES analyzed by Suffolk County Department of Health Services = __ ____________••_ Didealkyla[razine (G-28273)............ < 0.800 50.00 ug/L Metolachlor metabolite (CGA-67125)..... < 0.300 50.00 ug/L Deisopropylatrazine (G-28279).......... < 0.200 50.00 ug/L 2-HydroxyAtrazine (G-34048)............ < 0.300 50.00 ug/L Desethylatrazine (G-30033)............. < 0.400 50.00 ug/L Malaoxon............................... < 0.200 50.00 ug/L Imidacloprid........................... < 0.200 50.00 ug/L Trichlorfon............................ < 0.300 50.00 ug/L Alachlor GA (Oxanilic Acid)............ < 0.400 50.00 ug/L Siduron................................ < 0.300 50.00 ug/L Alachlor HSA (Sulfonic Acid)........... c 0.200 50.00 ug/L Dichlorvos........... ......... < 0.600 50.00 ug/L .... Metolachlor metabolite (CGA-37735)..... < 0.200 50.00 ug/L Proparrocarb hydrochloride.............. < 0.300 50.00 ug/L Metolachlor OA (CGA-51202)............. < 0.300 50.00 ug/L 2,6-Dichlorobenzamide.................. < 0.500 50.00 ug/L Metolachlor ESA (CGA-354743)........... < 0.300 50.00 ug/L Ibuprofen.............................. < 0.200 50.00 ug/L Metolachlor metabolite (CGA-41638)..... < 0.300 50.00 ug/L Gemfibrozil............................ < 0.400 50.00 ug/L Metolachlor metabolite (CGA-40172)..... < 0.300 50.00 ug/L Results for Sample Group: METALS analyzed by Suffolk County Department of Health Services ..... ______________ Silver (Ag)............................ < 5.000 100.00 ug/L Antimony (Sb).......................... < 1.000 6.00 ug/L Aluminum (Al).......................... = 9.600 ug/L Selenium (Se).......................... < 4.000 50.00 ug/L Arsenic (AS)........................... < 2.000 10.00 ug/L Thorium (Th) ........................... c 4.000 ug/L Barium (Be)............................ 37.000 2000.00 ug/L Titanium (Ti).......................... . 11.500 Beryllium (Be)......................... < 1.000 4.00 ug/L Thallium (T1).......................... < ug/L 0500 2.00 USA Cadmium (Cd)........................... c 1.000 5.00 ug/L Vanadium (V)................. . .,,,,,,,,,, < 1.000 ug/L Cobalt (Co)............................ < 1.000 ug/L Zinc (Zn).............................. < 50.000 5000.00 ug/L Chromium (Cr).......................... . 1.600 100.00 ug/L Iron (Pe).............................. < 0.100 0.30 mg/L Copper (Cu)............................ = 1.400 1300.00 ug/L Iron + Manganese (Combined, Calc)...... . 0.051 0.50 mg/L Mercury (Hg)........................... c 0.400 2.00 ug/L Sodium (Na)............................ . 10.100 270.00 ng/L Manganese (Mn)......................... = 0.051 0.30 eg/L Potassium.............................. . 1.500 mg/L Molybdenum ............................ < 1.000 ug/L Calcium................................ . 26.900 mg/L Nickel (Ni)............................ 8.400 100.00 ug/L Magnesium.............................. . 24.500 mg/L Lead (Pb)............................... < 1.000 15.00 ug/L Results for Sample Group: PERCHLORATE analyzed by Suffolk County Department of Health Services _-------- Perchlorate............................ < 2.000 18.00 ug/L Results for Sample Group: RADIOLOGICAL analyzed by Suffolk County Department of Health Services =___________________________ Gross alpha E.......................... = 1.300 15.00 pC/L Tritium................................ < 200.000 20000 PC/L Gross beta............................. . 2.000 50.00 pC/L Results for Sample Group: STANDARD INORGANICS analyzed by Suffolk County Department of Health Services .____...___. .. ------ pH-Lab- . 5.800 su Nitrite ......)........................ < 0.020 1.00 ng/L Specific Conductivity-Lab.............. = 400.000 um/cm Nitro[e................................ = 5.000 10.00 mg/L Chloride (Cl)........................ 9.000 250.00 mg/L Bromide................................ 0.500 ng/L Sulfate (SO4).......................... 130.000 250.00 ng/L ................... < Orthophosphate.........................(NH3-N) 0.200 mg/L . 0 mg/L Fluoride............................... c 0.200 2.20 mg/L SCMULE "Cow (page 1 of 3) RESULTS CONTINUED ON NEXT PAGE.... SDP COUNTY DEPARTMENT OF.RFALTH SERVICES - WATERYSIS Requestor Name: 'PAWLUCZYK C/O WICKHAM, SSLER, GORDON Request No. : PR055 Location: ROUTE 48, CUTCHOGUE Sample Date: 03/03/2005 Sample Location: TESTWELL Sanitarian: REILLY Treatment: NONE Field No. : 600-468-05-03-03 Notes: '<- symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. 1.1 symbol means level found exceeds the maximum contaminant level (MCL). or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCL-s not shown below have not been established. Result MCL Result MCL RESULTS C1ONTINUED FROM PRECEDING PAGE =_=== Results for Sample Group: SEMI-VOLATILE ORGANICS analyzed by Suffolk County Department of Health Services Hexachlorocyclopentadiene.............. < 1.000 50.00 ug/L Cypezmethrin........................... < 0.500 50.00 ug/L Dacthal................................ < 0.200 50.00 ug/L Naled (Dibrom) ......................... < 0.200 50.00 ug/L Atrazine.......... ...................... c 0.200 3.00 ug/L Chlordane.............................. c 1.000 50.00 ug/L Bis(2-ethylhexyl)phthalate............. < 2.000 6.00 ug/L Butylated hydroxyanisole............... < 0.500 50.00 ug/L Propachlor.............................. < 0.200 ug/L Chrysene............................... < 0.200 50.00 ug/L Prometon............................... < 0.500 ug/L Indeno(1,2,3-cd)Pyrene................. < 0.200 50.00 ug/L Tebuthiuron............................ 0.500 50.00 ug/L Dibutyl Phthalate...................... < 1.000 50.00 ug/L Ethofumelate........................... < 0.200 50.00 ug/L Benzyl butyl phthalate................. < 0.200 50.00 ug/L Isofenphos............................. < 0.500 50.00 ug/L Acenaphthylene......................... < 0.200 50.00 ug/L Henfluralin............................ < 0.500 50.00 ug/L Phenanthrene........................... c 0.200 50.00 ug/L Vinclozolin............................ < 0.500 50.00 ug/L Pyrene................................. c 0.500 50.00 ug/L Iodofenphos............................ < 0.200 50.00 ug/L Hexachlorobutadiene.................... < 0.200 5.00 ug/L EPTC................................... < 0.200 50.00 ug/L Hexachlorobenzene...................... < 0.200 1.00 ug/L Terbacil............................... < 0.500 50.00 ug/L Butachlor.............................. < 0.200 50.00 ug/L Napropamide............................ < 0.200 50.00 ug/L Metribuzin............................. < 0.200 50.00 ug/L Dichlorbenil........................... < 0.200 50.00 ug/L Benzo(A)Pyrene......................... < 0.200 0.20 ug/L Sumithrin.............................. < 0.200 50.00 ug/L Diazinon....................... ... < 0.200 ug/L ... Methyl Parathion...................... < 0.200 50.00 ug/L Pentachlorobenzene..................... < 0.200 50.00 ug/L Dieldrin............................... < 0.200 50.00 ug/L Acetochlor............................. < 0.200 50.00 ug/L Caffeine............................... < 0.500 50.00 ug/L Chlorpyriphos.......................... < 0.200 50.00 ug/L Dichlorvos............................. < 0.500 50.00 ug/L Trifluralin............................ < 0.500 50.00 ug/L Methoxychlor........................... c 0.200 50.00 ug/L Chlorothalonil......................... < 1.000 50.00 ug/L Benzophenone........................... c 0.200 50.00 ug/L Pendimethalin.......................... < 0.200 5.00 ug/L Chloroxylenol.......................... < 0.200 50.00 ug/L Permethrin............................. < 0.200 50.00 ug/L Triclosan.............................. < 0.200 50.00 ug/L Dinoseb................................ < 0.500 7.00 ug/L Benzo(A)Anthracene..................... < 0.500 50.00 ug/L Disulfoton sulfone..................... < 0.200 50.00 ug/L Benzo(K)Pluoranthene................... < 0.200 50.00 ug/L Bloc................................... < 0.200 50.00 ug/L Benzo(GHI)Perylene..................... < 0.200 50.00 ug/L Resmethrin............................. c 0.200 50.00 ug/L Diethyl phthalate...................... < 1.000 50.00 ug/L Ethyl Parathion........................ < 0.200 50.00 ug/L Naphthalene............................ < 0.200 50.00 ug/L Propiconizole (Tilt)................... < 0.200 50.00 ug/L Fluorene............................... < 0.200 50.00 ug/L Allethrin.............................. < 0.200 50.00 ug/L Fluoranthene.......................... < 0.200 50.00 ug/L Deltamethrin........................... c 0.500 50.00 ug/L 1,2,4 Trichlorobenzene................. < 0.200 5.00 ug/L Prometryne............................. < 0.200 50.00 ug/L Metolachlor............................ < 0.200 50.00 ug/L Diethyltoluamide (DEET)................ < 0.200 50.00 ug/L Simazine............................... < 0.200 4.00 ug/L Chlorofenvinphos....................... < 0.200 50.00 ug/L Bis(2-ethylhexyl)adipate............... < 0.500 400.00 ug/L Carisoprodol........................... < 0.200 50.00 ug/L Alachlor............................... c 0.200 2.00 ug/L Butylated hydroxytoluene............... < 0.200 50.00 ug/L Bromacil............................... < 0.500 ug/L Benzo(B)Fluoranthene................... < 0.200 50.00 ug/L Metalaxyl.............................. < 0.200 50.00 ug/L Dibenzo(A,H)Anthracene................. < 0.200 50.00 ug/L Disulfoton............................. < 0.500 50.00 ug/L Dimethyl phthalate..................... c 0.200 50.00 ug/L Malathion.............................. < 0.500 50.00 ug/L Dioctyl Phthalate...................... c 0.200 50.00 ug/L Cyfluthrin............................. < 0.200 50.00 ug/L AcenaphtRene........................... < 0.200 50.00 ug/L Pentachloronitrobenzene............... c 0.200 50.00 ug/L Anthracene............................. < 0.500 50.00 ug/L Triadimefon............................ < 0.500 50.00 ug/L Carbamazepine.......................... < 0.200 50.00 ug/L Iprodione.............................. < 0.500 50.00 ug/L Hexachloroethane....................... < 1.000 5.00 ug/L Terbufos............................... < 0.200 50.00 ug/L Hexazinone............................. < 1.000 50.00 ug/L Cyanazine.............................. < 0.200 50.00 ug/L Carbazole.............................. < 0.200 50.00 ug/L Kelthane............................... < 0.500 50.00 ug/L Bisphenol A............................ < 2.000 50.00 ug/L Methoprene............................. < 0.200 50.00 ug/L 1-Methylnapthalene..................... < 0.200 50.00 ug/L Piperonyl butoxide..................... < 0.500 50.00 ug/L 2-Methy1napthalene..................... c 0.200 50.00 ug/L Azoxystrobin........................... < 0.500 50.00 ug/L Rooster................................ < 0.200 50.00 ug/L Endoaulfan Sulfate..................... < 0.200 50.00 ug/L Total Triazines + Metabolites (Calc)... < 0.000 4.00 ug/L ..... Results for Sample Group: SURFACTANTS analyzed by Suffolk County Department of Health Services .._____:..................... Surfactants-MBAs....................... < 0.100 mg/L SCHEDULE "CIO (page 2 of 3) RESULTS CONTINUED ON NEKT PAGE.... SUPPOIX COUNTY DEPARTMENT OF HEALTH SERVICES - NATER ANALYSIS Requestor Name: -PAWLUCZYK C/O WICKHAM, 10SLER, GORDON Request No.: PR05- Location: ROUTE 48, CUTCHOGUE Sample Date: 03/03 05 Sample Location: TESTWELL Sanitarian: REILLY Treatment: NONE Field No. : 600-468-05-03-03 Notes: '<' symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. ' ' symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCI's not shown below have not been established. Result MCL Result MCL RESULTS CONTINUED FROM PRECEDING PAGE ===== Results for Sample Group: VOLATILE ORGANICS analyzed by Suffolk County Department of Health Services Chlorodifluoromethane.................. < 0.500 5.00 ug/L Benzene................................ < 0.500 5.00 ug/L Dichlorodifluoromethane................ c 0.500 5.00 ug/L Toluene................................ < 0.500 5.00 ug/L Chloroethane........................... < 0.500 5.00 ug/L Chlorobenzens.......................... < 0.500 5.00 ug/L Bromomethane........................... < 0.500 5.00 ug/L Ethylbenzene........................... < 0.500 5.00 ug/L Chloromethane.......................... < 0.500 5.00 ug/L o-xylene............................... < 0.500 5.00 ug/L Trichlorofluoromethane................. < 0.500 5.00 ug/L m-Xylene............................... < 0.500 5.00 ug/L Vinyl Chloride......................... < 0.500 2.00 ug/L p-Xylene............................... < 0.500 5.00 ug/L Methylene Chloride..................... < 0.500 5.00 ug/L TotalXylenes.......................... < 0.500 5.00 ug/L 1,1 Dichloroethane...................... < 0.500 5.00 ug/L 2-Chlorotoluene........................ < 0.500 5.00 ug/L trans 1,2 Dichloroethene............... < 0.500 5.00 ug/L 3-Chlorotoluene........................ < 0.500 5.00 ug/L Chlorofo.............................. < 0.500 80.00 ug/L 4-Chlorotoluene........................ < 0.500 5.00 ug/L 1,2 Dichloroethane..................... < 0.500 5.00 ug/L Diethyl Ether.......................... < 0.500 50.00 ug/L 1,1,1 Trichloroethane.................. < 0.500 5.00 ug/L Acrylonitrile.......................... < 0.500 5.00 ug/L Carbon Tetrachloride................... c 0.500 5.00 ug/L Ethyl Methacrylate..................... < 0.500 50.00 ug/L 1-Bromo-2-Chloroethane................. < 0.500 5.00 ug/L T. Chlorotoluene....................... < 0.500 5.00 USA 1,2 Dichloropropane.................... < 0.500 5.00 ug/L 1,3,5 Trimethylbenzene................. < 0.500 5.00 ug/L Trichloroethene........................ < 0.500 5.00 ug/L 1,2,4 Trimethylbenzene................. < 0.500 5.00 ug/L Chlorodobromomethane................... < 0.500 80.00 ug/L m,p-Dichlorobenzene.................... < 0.500 5.00 ug/L 2-Brow-l-Chloropropane................ < 0.500 5.00 ug/L 1,2 Dichlorobenzene (o) ................ < 0.500 5.00 ug/L Bromofo............................... < 0.500 80.00 ug/L p-Diethylbenzene....................... < 0.500 5.00 ug/L Tetrachloroethene...................... < 0.500 5.00 ug/L 1,2,4,5 Tetramethylbenzene............. < 0.500 5.00 ug/L cis-1,2-Dichloroethene................. < 0.500 5.00 ug/L 1,2,4 Trichlorobenzene................. < 0.500 5.00 ug/L Freon 113.............................. < 0.500 5.00 ug/L 1,2,3 Trichlorobenzene................. < 0.500 5.00 ug/L Dibromomethane......................... < 0.500 5.00 ug/L Ethenylbenzene (Styrene)............... < 0.500 5.00 ug/L 1,1 Dichloropropene.................... < 0.500 5.00 ug/L Isopropylbenzene....................... < 0.500 5.00 ug/L Methyl Isothiocyanate.................. < 2.000 50.00 ug/L n-Propylbenzene........................ < 0.500 5.00 ug/L Carbon Disulfide....................... < 0.500 ug/L tert-Butylbenzene...................... < 0.500 5.00 ug/L Methyl Methacrylate.................... < 0.500 50.00 ug/L sec-Butylbenzene....................... < 0.500 5.00 USA n-Propane.............................. < 2.000 50.00 ug/L p-Isopropyltoluene..................... < 0.500 5.00 ug/L 1,1 Dichloroethene..................... < 0.500 5.00 ug/L n-Butylbenzene......................... < O.SOO 5.00 ug/L Bromodichloromethane................... < 0.500 80.00 ug/L Hexachlorobutadiene.................... < 0.500 5.00 ug/L 2,3 Dichloropropene.................... < 0.500 5.00 ug/L Methyl-Tert-Butyl-Ether (MTBE)......... < 0.500 10.00 ug/L ciB-1,3-Dichloropropene................ < 0.500 5.00 ug/L Naphthalene............................ < 0.500 50.00 ug/L trans-1,3-Dichloropropene.............. < 0.500 5.00 ug/L 1,4-Dichlorobutane..................... < 0.500 5.00 ug/L 1,1,2 Trichloroethane.................. < 0.500 5.00 ug/L Methyl Sulfide......................... < 0.500 50.00 ug/L 1,1,1,2 Tetrachloroethane.............. < 0.500 5.00 ug/L Dimethyldisulfide...................... < 0.500 50.00 ug/L 1,1,2,2-Tetrachloroethane.............. < 0.500 5.00 ug/L Bromobenzene........................... < 0.500 5.00 ug/L 1,2,3 Trichloropropane................. < 0.500 5.00 ug/L 2-Butanone (MER)....................... < 20.000 50.00 ug/L 2,2 Dichloropropane.................... < 0.500 5.00 ug/L Tetrahydrofuran........................ < 20.000 50.00 ug/L 1,3 Dichloropropane.................... < 0.500 5.00 ug/L Allyl chloride......................... < 0.500 5.00 ug/L BromochloromeChane..................... < 0.500 5.00 ug/L Methacrylonitrile...................... < 0.500 5.00 ug/L tert-Butyl-Ethyl-Ether................. < 0.500 50.00 ug/L d-Limonene............................. < 0.500 50.00 ug/L tert-Amyl-Methyl-Ether................. < 0.500 50.00 ug/L SLIMUI H Bic,$ (page 3 of 3) DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the � day of April, 2006, by IRENE STULSKY, as Surviving Executrix under the Last Will and Testament of Bertha Pawluczyk deceased; Suffolk County 8/6/02 Letters Testamentary issued 10/9/02 (1866 P 2002), residing at 760 Seawood Drive, Southold,New York 11971, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at 26170 County Road 48,Peconic, Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as set forth in Schedule "A" annexed hereto, and WHEREAS,the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide a 4.193 acre parcel into two lots under its cluster provision a district where the minimum lot size is 80,000. sq. ft.: a)Lot 1, a clustered lot, contains 40,000. sq. ft., and b)Lot 2 equals 142,667. sq. ft. which includes 40,000 cluster open space allocated from Lot 1, as shown on a subdivision map entitled, "Cluster Minor Subdivision Map prepared for The Estate of Bertha Pawluczyk", prepared by Joseph A. Ingegno, Land Surveyor,dated March 13,2003, last revised June 7, 2005, and WHEREAS, in consideration of the granting of subdivision 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 owner and prospective owners of said lots that Lot 2 on said map, acknowledge that the subdivision was based upon its cluster subdivision provisions, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the said premises herein described shall hereafter be subject to the following covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. DECLARANT acknowledges cluster open space, equal to 40,000 square feet has been allocated from Lot 1 and added to Lot 2 in order to allow Lot 1 to be 40,000 square feet in size rather than the required 80,000 square foot minimum lot size. The Declarant agrees that the cluster area of 40,000 be excluded from any future yield calculations applied to Lot 2. 2. This covenant and restriction shall run with the land in perpetuity. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. A�� IRENE STULSKY, as S iving Executrix of The Estate of Bertha Pawluczyk, deceased STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On April 0' in the year 2006,before me,the undersigned, a Notary Public in and for said State,personally appeared Irene Stulsky,personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument,the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. AZI I ' N Public re:C&Rpbnfspws A.WWORM" �gyuy�5ta'06 01 t111M�''1�de� filo:52 484201 .800*{ lY: Cgrrsrtt"64xoiwP�3 Zoo g SCHEDULE "A" ALL that certain plot, piece or parcel of land situate at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly side of Middle Road (North Road) (C. R. 48) at the extreme easterly end of the curve connecting the easterly side of Bridge Lane with the southerly side of Middle Road (North Road) (C. R. 48); RUNNING THENCG along the southerly side of Middle Road (North Road) (C. R. 48) the following two (2) courses and distances: 1. North 58 degrees 57 minutes 01 seconds East, 41.54 feet; 2. Easterly along the arc of a curve bearing to the right having a radius of 7699.44 feet a distance of 278.67 feet to land now or formerly of Lee; RUNNING THENCE along said lands South 54 degrees 01 minutes 40 seconds East, 483.86 feet to land now or formerly of Gandia; RUNNING THENCE along said lands South 54 degrees 29 minutes 10 seconds West; 379.74 feet to the easterly side of Bridge Lane; RUNNING THENCE along the easterly side of Bridge Lane the following two (2) courses and distances: 1. North 56 degrees 43 minutes 00 seconds West, 426.03 feet; 2. Northeasterly and easterly along the arc of a curve bearing to the right having a radius of 60.00 feet a distance of 121.13 feet to the southerly side of Middle Road (North Road) (C. R. 48) at the point or place of BEGINNING. t.. MAILING ADDRESS: PLANNING BOARD MEMBE OF soar • P.O. Box 1179 JERILYN B.WOODHOUSE O�� y0l Southold, NY 11971 Chair y OFFICE LOCATION: WILLIAM J.CREMERS T 4 Town Hall Annex KENNETH L.EDWARDS H Q 54375 State Route 25 MARTIN H.SIDOR 0 �� (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMONCOU,M'� Southold, NY 111' Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 2005 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Clustered Standard Subdivision of the Estate of Bertha Pawluczyk Located on the south side of CR 48 (Middle Road) in Peconic SCTM#1000-84-5-4 Zoning District: A-C Dear Ms. Wickham: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, December 12, 2005: WHEREAS, this proposal is to subdivide a 4.193-acre parcel into two lots where Lot 1 equals 40,000 sq.ft. and Lot 2 equals 142,667 sq.ft.; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on the maps, dated as revised March 13, 2004 on June 14, 2004; and WHEREAS, the applicant has requested an extension of time in order to obtain Health Department approval and meet the conditions of sketch approval; therefore, be it RESOLVED, that the Planning Board grant an extension of time for sketch plan approval effective from June 14, 2005 until June 14, 2006. If you have any questions regarding the above, please contact this office. Very truly yours, enlynhouse Chairperson LAW OFFICES WICKHAM, BRESSLER, GORDON& GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 November 17, 2005 Town of Southold Planning Board h+Ci 2 Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Standard Subdivision of the Estate of Bertha Pawluczyk Premises: Located on the South side of CR 48, Peconic, New York SCTM# 1000-84-5-4 Dear Mark: In June, 2005, we requested an extension of conditional sketch plan approval (see copy enclosed), but have yet to receive a response. This extension request was made about the time the Town Board was reviewing our clients request for a reduction of the park and playground fee, which was granted on August 30, 2005. Our client is in the process of filing covenants for Health Department approval, and expects the Department's approval within the next few months. Thank you for your consideration. Very truly yours, W� //A\bi/gQail�A. Wickham J AAW/jt 301shdtpb4 • cap) LAW OFFICES WICKHAM,BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE I I1 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 June 13, 2005 Attn: Mark Terry, Senior Environmental Planner Town of Southold Planning Board Post Office Box 1179 n 2 53095 Main Road Southold,New York 11971 Re: Proposed Clustered Standard Subdivision of the Estate of Bertha Pawluczyk Premises: Located on the south side of C.R. 48,Peconic,New York SCTM# 1000-84-5-4 Dear Mark: We request an extension of conditional sketch plan approval which expires on June 14,2005. Our client is currently awaiting Health Department approval. The water has met NYS standards for potable water. Thank you for your consideration. Very truly yours, Abigail A. Wickham AAW/dm encL 30/shdtpb4 ELIZABETH NEVILLE own Hall, 53095 Main Road "V1 kF TOWN CLERK aoFFotr PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS Fax(631) 765-6145 MARRIAGE OFFICER a Telephone: (631)765-1800 RECORDS MANAGEMENT OFFICER �a southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION# 2005-532 Meeting: 08/30/05 07:30 PM Resolution ID: 1103 Department: Town Attorney Category: Refund THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2005-532 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 30, 2005: RESOLVED that the Town Board of the Town of Southold does hereby reduce the Park and Playground fee for the Application of the Standard Subdivision of Bertha Pawluczyk from $7,000 to $5,000 per lot, in accordance with the recommendation of the Planning Board, its prior approval and in consideration of demonstrated financial hardship. Elizabeth A.Neville Southold Town Clerk I ' E SEP l 5 2005 �I • • MAILING ADDRESS: PLANNING BOARD MEMBERS �t soar P.O. Box 1179 JERILYN B.WOODHOUSE O�� yQ Southold,NY 11971 Chair h OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR %� �� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMONCOUt'm,� Southold, NY 0/, Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Town of Southold' Town Board FROM: Planning Board Y RE: Recommendation to Retain the Park and Playground Fee for the Standard Subdivision of Bertha Pawluczyk Represented by Irene Stulsky DATE: July 25, 2005 On Monday July 11, 2005, Mrs. Irene Stulsky appeared before the Planning Board on behalf of her Mother's estate (Bertha Pawluczyk) to request that the Park and Playground Fee be retained at $5000.00 as set in the June 15, 2004 sketch plan approval. The new Chapter A106 requires that the fee be increased to $7000.00 per created lot. The hardship reasons to retain the $5000.00 fee include: 1. The subdivision of the lot was mandated by the Estate of Bertha Pawluczyk to provide housing for family members, one of which serves the community as a Police Officer. 2. On January 20, 2004, the application received a Waiver from the Moratorium from the Town Board indicating that the proposal met the goals of the Town and Moratorium to the greatest extent possible. 3. On June 15, 2004, the Planning Board granted sketch plan approval with the Park and Playground fee in the in the amount of$5000.00. Based upon the stated reasons and the fact that the applicant has diligently pursued the processing of the application, the Planning Board recommends that the Town Board grant the request to retain the Park and Playground Fee in the amount of$5000.00 as indicated in the June 15, 2004 sketch plan approval. Cc: Kieran Corcoran, Assistant Town Attorney • • July 15, . 2005 Southold Town Board Southold Town Hall 53095 Main Road Southold, N.Y. 11971 Dear Town Board Members, RE: Minor Sub-Division Bertha Pawluczyk Estate SCTM# 1000-84-5-4 Attached is my letter requesting the reduction of the Park and Playground Fee for the above property. I was present at the July 11th Planning Board work session and presented my views on the above matter. Based on the testimony, the Planning Board has agreed to reduce the fee to $5,000. due to the fact that our information for the Town of Southold was all in place and we were held up by the moratorium and the Suffolk County Department of Health. I hope the Town Board will agree with the Planning Board ' s decision. I really appreciate your consideration in this matter. ` Sincerely, Irene Stulsky, Executor 760 Seawood Drive Southold, N.Y. 11971 Phone: 765-2765 l UL rl 5 2005 ':U J Southold Town P111-,d7,B02rH April 6, 2005 Southold Town Board Southold Town Hall 53095 Main Road Southold, N.Y. 11971 Dear Town Board Members, RE: Minor Sub-Division Bertha Pawluczyk Estate SCTM# 1000-84-5-4 I am the executor of the above estate. My mother passed away on 8/6/02 and we are still in the process of splitting this four acre parcel so we can settle the estate. This is to be split into two parcels; one acre and three acres, by her will . One acre with the house was left to daughter, Stella Witczak, who passed away suddenly on 2/12/03 . This is inherited by her two sons, Charles and Christopher. The three acre parcel with an old barn was left to myself and Stella. Presently, her sons who work locally, reside in the house. It is 52 years oldand needs major repairs . The sons hope to to be able to keep the three acre parcel , which is presently being farmed by Sang Lee Farms . This has been a family hardship because of Stella ' s death and also the death of her husband a year before her. The original application for the split was made in 2002 . There have been many delays and much expense. Presently there is another hold-up by the Suffolk County Health Department. I have been informed of the $7000 Park & Playground fee which recently increased from $5000. I feel since this property was owned by my parents since 1942 and designated to be splitby my parents will over 20 years, the Board might con- sider eliminating the Park & Playground Fee. If not, could it at least be dropped to $5000? I would greatly appreciate your consideration in this matter. If you need more information, you may contact me at the below address. Thanking you I remain, Sincerely, Irene Stulsky L cc: Planning Dept Abigail Wickham, Attorney 760 Seawood Drive Southold, N.Y. 11971 Phone - 765-2765 � r Svr�F LAW OFFICES WICKHAM, BRESSLER, GORDON& GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE I ll LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 June 13, 2005 Attn: Mark Terry, Senior Environmental Planner Town of Southold Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Clustered Standard Subdivision of the Estate of Bertha Pawluczyk Premises: Located on the south side of C.R. 48,Peconic,New York SCTM# 1000-84-5-4 Dear Mark: We request an extension of conditional sketch plan approval which expires on June 14, 2005. Our client is currently awaiting Health Department approval. The water has met NYS standards for potable water. Thank you for your consideration. Very truly yours, Abigail A. Wickham AAW/dm end 30/shdrpb4 A • • MAILING ADDRESS: PLANNING BOARD MEMBERS ��pf SOUTy� Southold,,ox 1179 11971 JERILYN B.WOODHOUSE hO Chair OFFICE LOCATION: WILLIAM J.CREMERS C4 ae Town Hall Annex KENNETH L.EDWARDS i* �O 54375 State Route 25 MARTIN H.SIDOR '�Oly .01 (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON c.Qm� Southold,NY Telephone: 631 765-1935 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 3, 2005 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Clustered Standard Subdivision of the Estate of Bertha Pawluczyk Located on the south side of CR 48 (Middle Road) in Peconic SCTM#1000-84-5-4 Zoning District: A-C Dear Ms. Wickham: On May 10, 2005 the Town of Southold Local Waterfront Revitalization Program (2005) became effective as legislation. Please be advised that the action is now subject to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code. Pursuant to Chapter 95, please complete the enclosed Local Waterfront Revitalization Program Consistency Assessment Form and submit it to this department. Please contact me at (631) 765-1938 if you have any questions regarding the above. Sincerely, Mar lerry S for Environ tal Plan r WRP Coordi for Enc. cc: Kieran Corcoran, Assistant Town Attorney • April 6, 2005 Southold Town Board Southold Town Hall 53095 Main Road Southold, N.Y. 11971 Dear Town Board Members, RE: Minor Sub-Division Bertha Pawluczyk Estate SCTM# 1000-84-5-4 I am the executor of the above estate. My mother passed away on 8/6/02 and we are still in the process of splitting this four acre parcel so we can settle the estate. This is to be split into two parcels; one acre and three acres, by her will. One acre with the house was left to daughter, Stella Witczak, who passed away suddenly on 2/12/03. This is inherited by her two sons, Charles and Christopher. The three acre parcel with an old barn was left to myself and Stella. Presently, her sons who work locally, reside in the house. It is 52 years old and needs major repairs. The sons hope to to be able to keep the three acre parcel, which is presently being farmed by Sang Lee Farms. This has been a family hardship because of Stella ' s death and also the death of her husband a year before her. The original application for the split was made in 2002 . There have been many delays and much expense. Presently there is another hold-up by the Suffolk County Health Department. I have been informed of the $7000 Park & Playground fee which recently increased from $5000. I feel since this property was owned by my parents since 1942 and designated to be splitby my parents will over 20 years, the Board might con- sider eliminating the Pard & Playground Fee. If not, could it at least be dropped to $5000? I would greatly appreciate your consideration in this matter. If you need more information, you may contact me at the below address. Thanking you I remain, — Sincerely, - g 2005 I�tulsky L cc: Planning Dept APR Abigail Wickham, Attorney 760 Seawood Drive Southold, N.Y. 11971 �_�_ Phone - 765-2765 • �$UfFO( MAILING ADDRESS: rT A rTNTi�TO RlI A TJT?nRTiT{PFPS ;Q � ► Ir. P.O. Pox 1179 JERILYN B.WOODHOUSE � Southold,NY 11971 Chair it OFFICE LOCATION: Z • 'F Town Hall Annex WILLIAM J.CREMERS y�Q� ���� 64375 State Route 25 KENNETH L.EDWARDS (cor.Main Rd.&Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. SOLOMON Telephone:631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE February 15, 2005 TOWN OF SOUTHOLD Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Clustered Standard Subdivision of the Estate of Bertha Pawluczyk Located on the south side of CR 48 (Middle Road) in Peconic SCTM#1000-84-5-4 Zoning District: A-C Dear Ms. Wickham: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, February 14, 2005: WHEREAS, tae proposed action involves the subdivid-;ng of a 4.19 acre parcel (SCT 1000- 84-5-4) into two lots where Lot 1 is proposed as a c6stered lot and is equal to 40,00 q. ft. and Lot 2 is egyal to 3.27 acres; and / �. 1. WHEREAS, the Southold Town Planning Board granted sketch plan approval on the maps, dated as revised March 13, 2004, on June 14, 2004; and WHEREAS, the Planning Board granted an extension of time for sketch plan approval until June 14, 2005; and WHEREAS, since the issuance of conditional sketch approval, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106- Subdivision of Land of the Code of the Town of Southold" on August 24, 2004; and WHEREAS, pursuant to Chapter A106 of the Southold Town Code, the Planning Board re- classified this action as a Standard Subdivision by resolution, dated January 11, 2005; therefore be it RESOLVED, that the subject application will enter the application process at the preliminary plat approval stage. Please contact this office if you have any questions regarding the above. Very truly yours, �Jer'ilyndhouse Chairperson • �gpFF01/rdA 9 MAILING ADDRESS: PLANNING BOARD MEMBERS .�� Gy P.O. Box 1179 JERILYN B.WOODHOUSE C Southold,NY 11971 Chair y x OFFICE LOCATION: RICHARD CAGGIANO • W Town Hall Annex WILLIAM J.CREMERS y�ol 'tO! 54375 State Route 25 KENNETH L.EDWARDS * (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1938 Fam 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 11, 2005 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Clustered Standard Subdivision of the Estate of Bertha Pawluczyk Located on the south side of CR 48 (Middle Road) in Peconic SCTM#1000-84-5-4 Zoning District: A-C Dear Ms. Wickham: The following resolution was adopted at a meeting of the Southold Town Planning Board on Mond-Ay, January 10, 2005: WHEREAS, .he proposed action involves the subdividing of a 4.19 acre parcel (SCTM# 1000-84-5-4) into two lots where Lot 1 is proposed as a clustered lot and is equal to 40,000 sq. ft. and Lot 2 is equal to 3.27 acres; and WHEREAS, the Planning Board classifies this action as a Standard Subdivision pursuant to Chapter A106; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on the maps, dated as revised March 13, 2004 on June 14, 2004; and WHEREAS, the applicant has requested an extension of time in order to obtain Health Department approval and meet the conditions of sketch approval; therefore, be it RESOLVED, that the Planning Board grant a retro-active extension of time for sketch plan approval effective from December 14, 2004 to June 14, 2005. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson • �gUFF04 � MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE C=* Southold, NY 11971 Chair y o OFFICE LOCATION: RICHARD CAGGIANO G • 'F Town Hall Annex WILLIAM J.CREMERSy�lJpl �aO� 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 January 6,2005 Abigail Wickham, Esq. Wickham,Bressler, Gordon & Geasa, P.C. 13015 Main Road, P.O. Box 1424 Mattituck,NY 11952 Re: Proposed Clustered Minor Subdivision of the Estate of Bertha Pawluczyk Located on the south side of C.R. 48 (Middle Road) in Peconic SCTM#1000-84-5-4 Zoning District: A-C Dear Ms. Wickham: 2005 work session. The application is classified as a Standard Subdivision pursuant to Chapter A-106 of the Town of Southold Town Code. The Planning Board would like the applicant to clarify the proposed use of Parcel 2 in order to better design ingress and egress to the parcels and avoid the required curb cut permit for the Lot 1 driveway. The following items must also be submitted to continue processing the application pursuant to Chapter A-106. L A Preliminary Plat application package and associated fees ($1000.00) 2. A Final Plat application package and associated fees ($500.00) 3. The submission of a Draft Covenant and Restriction that includes the following language in addition to that requested in the June 14, 2004 Sketch Plan approval: a. "Prior to any construction activity, the project will require a General permit for Storm-water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Protection (DEC) under the Phase H State Pollutant Discharge Elimination System (SPDES) Program. " Please contact the DEC at 518-402-8265 for permitting information. b. No vehicular access and/or curb-cut shall be permitted or installed along County Route 48. i 1 � � 4. Note that the park and playground fee is now$7000.00 for Parcel 2. Upon the receipt of the preliminary application package the Planning Board will set the date of the preliminary hearing. If you have any further questions,please do not hesitate to contact me. Sincerely, k Terry enior Enviro ental P er enc LAW OFFICES WICKHAM, BRESSLER, GORDON& GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 December 9, 2004 Attn: Mark Terry, Senior Environmental Planner Town of Southold Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Clustered Minor Subdivision for Estate of Bertha Pawluczyk Premises: corner of Route 48 & Bridge Lane, Peconic,New York SCTM# 1000-84-5-4 Dear Mark: We request an extension of conditional sketch plan approval which expires on December 14, 2004, as Health Department approval is pending. Thank you for your consideration. Very truly yours, Abigail A. Wickham AAW/dm 30/shdtpb3 cc: 1. Stulsky i? DE 3 -"4 • • SU4W CUTCHOGUE FIRE DISTRICT F CVTCNOWI S � T i 260 New Suffolk Road,'l100HOGM, Cutchogue, NY 11935 r.o. Telephone (631) 734-6907 • Fax (631) 734-7079 75 Years E-mail: cutfd@optonline.net of Service October 8, 2004 Planning Board Office Anthony Trezza, Planner PO Box 1179 Southold,NY 11971 • Ref: Bertha Pawluczyk Estate Dear Mr. Trezza, With reference to the above property,the Board of Fire Commissioners of the Cutchogue Fire District does not feel that a fire well is needed due to the properties location in a near proximity to an existing fire well. Thank you for your request and please call if you have any questions. Very truly yours, Board of Fire Commissioners Matthew J. Martin District Secretary �,oAblow r Sou,,. PLANNING BOARD MEMBERS oS�FFoLt COG JERILYN B.WOODHOUSE P.O. Box 1179 Chairy i Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RICHARD CAGGIANO O Telephone(631) 765-1938 KENNE AM L.EDWARDS J.CREMERSy'�Ol •1`aQ� Fax(631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 21, 2004 ©c CW s G~ � 4� Matthew Martin, Secretary Cutchogue Fire District Cutchogue Fire District 260 New Suffolk Road New Suffolk Road Cutchogue NY 11935 Cutchogue, New York 11935 Dear: Enclose please find one map, last revised 3/13/03, for the Estate of Bertha Pawluczyk located on the south side of County Road 48, Peconic. SCTM#1000-84-5-4 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. O The enclosed subdivision is being referred to you for your recommendation as to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Ve tru you s REW1V n SEP p Anthon . Trezza C(jr��� Seni lanner EFlREoisrR� enc. • COUNTY OF SUFFOLK 04j STEVE LEVY SUFFOLK COUNT'EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING September 15, 2004 Ms. Jerilyn B. Woodhouse, Chair pp Town of Southold Planning Bd. D E U Main Road D Southold,NY 11971 E�MTcaF/3e�il�ry�� SEP 2 4 2004 Plat Name: Irene Stulsky Tax Map No.: 1000-084-05-004 Southold To Plannin Board SCPD File No.: S-SD-04-04 Dear Ms. Woodhouse: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code,the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. The Department offers the following remarks pursuant to Suffolk County Planning Commission Policy: No further subdivision should be allowed for this property. No stormwater runoff should be allowed to flow into the CR 48 right-of-way as a result of this subdivision. A buffer or conservation easement of at least 50'm width should be established along the CR 48 right-of-way to help preserve the view shed along the road, enhance the aesthetics of the right-of-way and help to minimize erosion potential. Access for parcel 2 should be limited to Bridge Lane Sincerely, Thomas Isles, AICP Director i Andrew g, CP Principal Planner APF:cc O:IOONORNMIJIIDNLLOMW\4EVTS CSEG LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P. O. BOX 6100 ■ (5 16) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(516)853-4044 gUFF04 PLANNING BOARD MEMBERS Q�Q CO JERILYN B.WOODHOUSE _� � P.O. Box 1179 Chair y Town Hall,53095 State Route 25 Z Southold,New York 11971-0959 RICHARD CAGGIANO WO Telephone (631) 765-1938 KENNLE'H L EDWARDS J.CREMERSy��j �aQ� Fax(631) 765-3136 MARTIN H.SIDOR f PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 21, 2004 Matthew Martin, Secretary Cutchogue Fire District New Suffolk Road Cutchogue, New York 11935 Dear Ms. Caprise: Enclose please find one map, last revised 3/13/03, for the Estate of Bertha Pawluczyk located on the south side of County Road 48, Peconic. SCTM#1000-84-5-4 i O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fare- wells are needed. Please specify whether firewells are shallow or electric. O The enclosed subdivision is being referred to you for your recommendation as to whether any farewells are needed. Please specify whether farewells are shallow or electric. Thank you for your cooperation. Ve tru you s Anthon . Trezza Seni lanner enc. PLANNING BOARD MEMBERS CD • JERILYN B.WOODHOUSE h� Gy P.O. Box 1179 Chair C Town Hall, 53095 State Route 25 ti Z Southold,New York 11971-0959 RICHARD CAGGIANO G Telephone(631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS y?f�! �aO� Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 27, 2004 Cynthia Caprise, Secretary Southold Fire District P.O. Box 908 Southold, New York 11971 Dear Ms. Caprise: Enclose please find one map, last revised 3/13/03, for the Estate of Bertha Pawluczyk located on the south side of County Road 48, Peconic. SCTM#1000-84-5-4 0 The enclosed site plan is being referred to you for Lire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether rirewells are shallow or electric. Q The enclosed subdivision is being referred to you for your recommendation as to whether any rirewells are needed. Please specify whether rirewells are shallow or electric. Thank you for your cooperation. Very truly yours, ` p ark Ter SY 10� Sr. Environmental Planner enc. ,t�� l r • • PLANNING BOARD MEMBERS o�pSUFFO(,�co JERILYN B.WOODHOUSE hQ. Gy P.O. Box 1179 ChairC .� Town Hall,53096 State Route 25 y : Southold,New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARD9 y?f�•� �ap� Fax(631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 27, 2004 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemen: /J Pursuant to Section A14-24, Suffolk County Administrative Code, the Southr . Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Minor Subdivision Map of Estate of Bertha Pawluczyk Hamlet/Locality: Located on the south side of C.R.48 (Middle Road); Peconic S.C.D.P.W. Topo No.: See plat Zoning: A-C S.C. Tax Map No.: 1000-84-5-4 Major Sub._ Minor Sub._X_Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (3 copies)_X_ Road Profiles (1) Drainage Plans (1)_ Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies): Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: The property is located within 500 feet of County Road 48. SEQRA STATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type 11 Action 2. A (X) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes (X ) No ., 4. The proposed division has received appro�al from the Suffolk County Department of Health. ( )Yes (X )No Comments: The proposed action involves the subdividing of a 4.19 acre parcel (SCTM# 1000-84-5-4) into two lots where Lot 1 is proposed as a clustered lot and is equal to 40,000 sq.ft. and Lot 2 is equal to 3.27 acres. We request acknowledgement of receipt of this referral (X ) Yes ( ) No Referral received 2004 by the Suffolk County Planning Commission and assigned File No. Sincerely, ark Terry Senior ironmen al Planner t PLANNING BOARD MEMBERS �OgUFFO(,�co JERILYN B.WOODHOUSEht.0 �/y P.O. Box 1179 Chair o= Town Hall, 53095 State Route 25 CA Southold, New York 11971-0959 RICHARD CAGGLSNOv, • Telephone(631) 765-1938 WILLIAM J. CREMERS G Fax(631) 765-3136 KENNETH L. DS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 2004 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, P.O. Box 1424 Mattituck, NY 11952 Re: Propo..ed Clustered Minor Subdivision of the Estate of Bertha Pawluczyk Locayad on the south side of C.R. 48 (Middle Road) in Peconic SCT, #1000-84-5-4 Zoning District: A-C Dear Ms. Wickham: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, June 14, 2004: WHEREAS, the proposed action involves the subdividing of a 4.19 acre parcel (SCTM# 1000-84-5-4) into two lots where Lot 1 is proposed as a clustered lot and is equal to 40,000 sq. ft. and Lot 2 is equal to 3.27 acres; and WHEREAS, The Southold Town Board approved the Request or Waiver from Local Law No 3 of 2002; Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use -Perrnihvewd-site-Play s containing-dwelling-Unit(sVin-the Town of Southold for the Estate of Bertha Pawluczyk on January 20, 2004; and WHEREAS, the parcel is improved and in active agriculture; no known environmental constraints exist; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it FURTHER RESOLVED, that the Southold Town Planning Board grant sketch plan approval on the maps, dated as revised March 13, 2004, with the following conditions: Estate of Bertha Pawluczyk— Page Two—6/15/04 1. Amend the plat title to read "Clustered Minor Subdivision ...". 2. Amend the plat scale to 1" = 100' to meet Suffolk County filing requirements. 3. Amend the term Parcel 1 and 2 to read Lot 1 and 2. 4. List the zoning district (A-C) on the plat. 5. The submitted deed does not match the plat; please clarify the discrepancies. 6. The Planning Board is requiring that a covenant and restriction be filed including terminology that excludes the cluster open space (40,000 sq. ft.) from any future yield calculations applied to Lot 2. The clause must also be included upon the final plat. In addition, the Planning Board is requesting that a clause to prohibit further subdivision of the parcel be also included. Sketch plan approval is conditional upon the submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, eight (8) paper prints and three (3) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $5,000 ($5,000 per vacant lot in the subdivision). Payment is required prior to the final endorsement of the map. Note that the plat is missing locations of septic and well information that is an application requirement for Suffolk County Department of Health and final filing. It is recommended that all necessary edits be made prior to the re-submission of the plat to this office. - -__-__E-raslased is a sep sf tt -Plegative Beslafatier►foryourrecord&.P-lease-seetact-this- ---------_. office if you have any questions regarding the above. Very truly yours, G Jerilyn B. Woodhouse Chairperson enc. ` PLANNING BOARD MEMBE• gUFFO(,�c • JERILYN B.WOODHOUSE ��� ��/ P.O. Box 1179 Chair o y� Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO • Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L. EDWARDSFax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant June 14, 2004 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 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 Clustered Minor Subdivision of the Estate of Bertha Pawluczyk; Zoning District: A-C SCTM#: SCTM#1000-84-5-4 Location: Located on the south side of C.R. 48 (Middle Road) in Peconic SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The proposed action involves the subdividing of a 4.19 acre parcel (SCTM# 1000-84-5-4) into two lots where Lot 1 is proposed as a clustered lot and is equal to 40,000 sq. ft. and Lot 2 is equal to 3.27 acres. Reasons Supporting This Determination: The parcel is improved with a single-family residence, a barn and several out-buildings. The use is currently agriculture. No regulated environmental constraints exist on site. No known archeological sites exist on site. A total of one new residential structure could be built upon the site as a result of the proposed action. t SEQR Negative Declarer - Pape Two , 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. The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems will occur as a result of this action. No removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources will occur. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major char.�e in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Senior Environmental Planner Address: Southold Town Planning Board - r_„___. • (63..1.)765=1.338.-{x-238) Enc. cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 wwblaw@aol.com May 10, 2004In Attn: Mr. Mark Terry qp /`�,% ,� 174-, Southold Town Planning Board Post Office Box 1179 / J PrAu1t1L 53095 Main Road Southold,New York 11971 Re: Minor Subdivision for Irene Stulsky (Estate of Bertha Pawluczyk) Corner of County Road 48 & Bridge Lane,Peconic,NY-SCTM# 1000-84-5-4 Dear Mark: Enclosed is a copy of the resolution adopted by the Town Board approving the waiver request from the subdivision moratorium of the above property. Accordingly, the documents listed below are enclosed for review. At your request, the application has been revised for a minor subdivision. Please note that the maps contain a slight revision of Lot 1 from that previously submitted: the frontage is wider and the depth correspondingly shorter. This was done to include the garden area to the West of the residence in Lot 1. 1. Application of Approval for Minor Subdivision; 2. Authorization Letter; 3. Copy of Property Deed covering premises and more (Parcel 1-Before widening of 4. Transactional Disclosure Form; Middle Road to County Road 48) 5. Short Environmental Assessment Form; 6. Eight prints of the proposed map; 7. $1,000. application fee (2 checks-one of$250; & one for$750.); 8. Copy of the Tax Map showing subject area. Given the family nature of this property, and their financial hardship accepted by the Town Board in its granting of the waiver, we request that the set-off fee be applied to this subdivision. We believe the project is actually a set-off, but due to the existence of an old barn on the larger parcel it does not technically comply with your set-off policy. We note that Southold Town Planning Board -2- May 10, 2004 this policy has not been adopted by the Town Board, and further note that the property meets the set-off definition of Section A106-13 SUBDIVISION(A) of the Town Code. Accordingly,we ask that the application fee for a set-off apply and would appreciate the return of the $750. check. Thank you for your consideration. Very truly yours, AAwldm Abigail A. Wickham encL301shtpbset PLANNING BOARD MEMBERS �gUFFO(,�c BENNETT ORLOWSKI,JR. �� � P.O. Box 1179 Chairman �� � Town Hall, 53095 State Route 25 w Z Southold,New York 11971-0959 RICHARD CAGGIANO y • Telephone(631) 766-1935 WILLIAM J.CREMERS G Fax (631) 765-3136 KENNETH L. A MARTIN H.SIDORDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Elizabeth Neville, Town Clerk From: Bennett Orlowski, Chairman Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for Estate of Bertha f Pawluczyk SCTM# 1000-84-5-4 Date: December 16, 2003 The Planning Board has reviewed your request (dated November 19, 2003) for comments on the above referenced waiver petition at its December 15, 2003 worksession. The Planning Board has agreed that the applicant has demonstrated legal and financial hardship. In the following paragraphs, the Planning Board will address this request in the context of land use planning; the consideration of any other comment or issues is beyond the scope of this review. The parcel is located on the south side of Middle Road C.R. 48 in Peconic in the A-C zoning district. The proposed action involves the subdividing of a 4.19 acre parcel (SCTM# 1000-84-5-4) into two lots; where lot 1 is proposed as a clustered 1 acre and lot 2 as 3.27 acres. Land Use — The parcel is in agriculture. The dominant land use in the vicinity is agriculture. The subject parcel is zoned A-C. The zone requires a minimum of 80,000 square feet per lot. The zoning district A-C is located to the east, west north and south. Improved residential lots are located to the east, north and south ranging from .92 acres to 1.85 acres. The parcel to the east has sold development rights to Suffolk County and is fallow. The parcel to the west has also sold development rights to Suffolk County and is in agriculture. Based on the above, the proposed action would not significantly deviate from the general area land use, the intent of the R-80 zoning district and the parcel sizes to the east and south. Following the potential improvement of the proposed Lot 2 with 1 single family residence, the view-shed from C.R 48 is expected to be minimally impacted. Several agricultural support structures including a large barn currently occupy lot 2. A future residence could be located to the south of the structures to minimize visual impacts of any new construction. All efforts to minimize the interruption of the view shed will be taken through the use of the existing agricultural structures and implementation of non-disturbance vegetation buffers to be retained along the perimeter of the potential lots. Visual impacts will be assessed as apart of the State Environmental Quality Review Act Section Article 8, Part 617 and Section A106 of the Town of Southold Town Code review. Transportation Infrastructure —The proposed actiorvis located on C. R. 48, a County Road. Transportation impacts will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617 and Section A106 of the Town of Southold Town Code. Natural Resources -The parcel is cleared and in agriculture. Wildlife habitat value for the parcel is low. No wetlands or slopes over 15% occur on-site. Natural Resources will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617. Water Supply—The proposed action is expected to use private wells for water supply. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems Water usage and sanitary impacts will be assessed pursuant to the State Environmental Quality Review Act Section Article 8, Part 617 and Section All 06 of the Town of Southold Town Code. Rural Character—The proposed action will impact rural character. The parcel is currently located within the A-C zoning district. The A-C zoning district is intended to permit low density residential development integrated with agricultural conservation. The proposed action may result in the development of a vacant parcel with 1 residential structure. Visual screening should be employed to mitigate impacts through the uses of vegetative buffers between the agricultural land and any new construction. The property is not located within an identified Hamlet and therefore no impacts to the Rural, Cultural, Commercial and Historical Character of the Hamlets are expected. Agricultural Lands — Dominant soil types of the parcel are Haven Loam 0-2 percent slopes (HaA) —Capability Unit 1-1. The soil is listed as prime agricultural soils by the USDA Soil Survey of Suffolk County (1972) and is well suited for crops. The intent of the applicant is unknown, therefore, the proposed action (Creation of a vacant lot) would not impact active agricultural operations. However, it could result in loss of soils suitable for agriculture if a new residence is constructed upon lot 2. Open Space and Recreation Space —The location and current use of the property provides open space to the surrounding residential community. Due to the private ownership of the parcel the potential of recreational use is low. Based upon the above, it is the Planning Board's finding that the proposed action upon SCTM# 1000-84-5-4 does not fully support the planning objectives of the Town of Southold which include: The preservation of farmland and agriculture, the preservation of open space and recreational space; the preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and surrounding areas and the preservation of the natural environment. However, the Planning Board finds that the size, location, and current use of the parcel supports the town goals to the practical extent and therefore should be considered in the review of this petition. Correspondingly, The Planning Board finds that the proposed action is consistent with the surrounding land use and intent of the zoning district and therefore recommends that the Town Board grant the waiver. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. 773 • 5✓6G 77.4 LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 ERIC J. BRESSLER MATTITUCK, LONG ISLAND ABIGAIL A.WICKHAM NEW YORK 11952 WILLIAM WICKHAM (o6-oz) LYNNE M.GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE III wwblaw@aol.com MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO.631-249-9484 November 25,2003 RECEIVED Town Board, Town of Southold HE, 1 2003 Post Office Box 1179 53095 Main Road Southold,New York 11971 Sc;;;Sc:,; iown Clerk Re- ESTATE OF BERTHA PAWLUCZYK Bridge Lane and Co.Rt. 48, Cutchogue,NY 11935 SCTM#1000-84-5-4 Gentlemen/Ladies: Enclosed is a photocopy of the will,which is referenced in our November 13,2003 letter, requesting a waiver from the moratorium. Very truly yours, ail A. Wickham AAW/lb 30/shtbwap ME encL D D Southold Town Plannin BoarA J RERTEA PA'WLUCZY$, of Yiddle Road, Gutchcgue, � of the Toum Of Southold in the County of Suffo 3 otd State of, New York being Ofsound mind and neeraon_/, do retake, 7�ublesh coed declare this my lad M= &*XV%t, in manner fdlouing, that is to NO. PPi�,„„; I direct that all my Just debts and funeral expenses be paid as soon after my decease as may be practicab_e. SECCND: I give and bequeath the following: (a) F:PE HUNDRED ($500.00) DOLLARS to each of my grandchi_dren surviving me. (=) FIVE THOUSAND ($5,CCO.00) DOLLARS to my daughter, IREl;E S177,KI. (c) FIVE ZOUSAND ($5,000.00) DQ:CkjS to my daughter, STELLA WITCZAK. THIR7: All the rest, residue ar_d remainder of my property and es- tate I give, devise and bequeath Go my husband, ANT014E PAW=OZYK, to be his absolutely. aCURTH: In the event that my said husband, AN•TONE PAWZ,UCZYK, pre- deceases its, I give, devise and bequeath my property and estate as follows: (1) F24'E HUNDRED ($500.00) DOLLARS to each of my grsndchi-dren surviving me. (2) %Y residence and contents with one acre of land to my daughter, STELLA WITCZAK, or her issue. (3) Al- the _est, residue and remainder co my two daughters, =E STUTASKI and STW:,-A LVZTCZAK, share and share alike, or to their issue per stirpes. 2d W0£:T £002 LT WW 8£90802129 'ON XtlA 5a7Ets3 P[eUD(IGeIJ a3?iH WfWa r • 44100t, Iherebyagmint my husband, ANTM PAWzucz-tg, to serve :without bond as execu7or ofthis,my last Will and 7es&mw,?m horrby r taHnf all formerliflk by me nada. In the even'. my said husband predeceases se, or Pails to oualify, then I nominate and appoint my two daughters, STEIZ A WITCZAZ and IPMTE STULS%I, to serve without bond as exeoutcrs. At MR800 WATOC I hate hemzWo subsenbecd my nam-- the !!2 e, r ecW'✓� wree-n f.r.W.rd md(d 'seventy—Four. 22nd �,�°f February th� J� Bertha Fawiuczyk We, W&W mmm�s are Mercer; sutsenbed, �6 64 mar on the 22nd February orf 19 74 3EgTgA PAWyUCZYR, thG lrstat rix above =Med sulisrizbed her name go this j7,V* rnM in our pwsence and cid the ricesence of each of us, and at the,some time, m our pn°�- ence. rmd llearan¢, declrrsed the same to be her bastWGll &OmvW,and tr"esled US,m2d each of'us, to sten our rams thereto co eni8nesse9 to the exee- mAm, Yhereof u*kA we helr'by do in the pp sence. of The teslatrix rrd of each- richer, an the day 6f M.— date of'the soil HIM, and 1,67ite oppavite oyx names our respective places of restilence. 2 'r ne Cu o Y. xi 1Rt.c am Wickham Cutcho �M t U �ql �piL R x pa q� e 0 J g = �J oa £d WNT£:TT £88Z LT '^N 829OBWT29 'ON M=l 5ale;s3 P!eUO([OeW 0 Id WWJd a r ELIZABETH A.NEVILLE ti Town Hall,53095 Main Road TOWN CLERK :::iii P.O.Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER .j. Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �Q1 ��� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Supervisor& Southold Town Board Members KI Town Attorney Gregory YakaboskiTown Planner Valerie Scopaz From: Town Clerk Elizabeth Neville Re: Request for waiver on Moratorium Date: November 19, 2003 Transmitted, please find request for a waiver to the subdivision moratorium on property located at Bridge Lane and CR 48, Cutchogue, SCTM# 1000-84-5-4. Please review and prepare a written report of your recommendations and findings. Thank you. r LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 ERIC J. BRESSLER MATTIK, LONG ISLAND WILLIAM WICKHAM (0602) ABIGAIL A.WICKHAM NEW YORK 11952 LYNNE M.GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO,631-298-8565 SUITE III WWb18W@801.COff1 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO.631-249-9484 November 13, 2003 RECEIVED Town Board, Town of Southold NOV 14 2003 Post Office Box 1179 53095 Main Road Southold,New York 11971 Southold TMM Clerk Re: ESTATE OF BERTHA PAWLUCZYK Bridge Lane and Co. Rt. 48, Cutchogue,NY 11935 SCTM#1000-84-5-4 Gentlemen/Ladies: We represent the Estate of Bertha Pawluczyk, who died on August 6, 2002 owning a 4.2 acre parcel of land containing a residence and a barn with assorted accessory structures. The property has been in the Pawluczyk family for many years. Mrs. Pawluczyk's will, drawn in 1974, left the residence with one acre to her daughter, Stella Witczak, and the remainder of the property to her two daughters, Stella Witczak and Irene Stulsky. Irene Stulsky is the executor of the estate and has asked us to apply for a subdivision to divide the house and one acre from the remainder of the property in accordance with the will. We request a waiver from the current moratorium on subdivisions so that they may proceed with a two lot minor subdivision. We enclose a copy of the wilfa copy of the survey, and the application fee of$250.00. While the division would require a one acre lot in an AC zone, we will ask the Planning Board to treat the subdivision as a cluster, so that a variance would not be required. Our client will encounter the following hardships if the Estate is not allowed to proceed with the subdivision because of the moratorium: 1. EXTRAORDINARY FINANCIAL HARDSHIP. After her mother's death, Stella Witczak passed away, leaving the residence parcel to her two sons, who reside at the property. If the residence on one acre cannot be subdivided from the remainder of the property, they will be unable to make much needed repairs with their own funds without running the risk that the entire property cannot be subdivided and therefore would have to be sold. If the property has to be sold, the cost of the necessary repairs would probably be wasted because a new buyer would most likely have other plans for the property. They 4c-fb �o�isul would also be unable to mortgage the residence to fund those repairs because the Bank would require a mortgage on the entire parcel and a co-signature from Mrs. Stulsky. Another aspect of financial hardship is that if the entire property cannot be subdivided and therefore must be sold,the price for the entire parcel will be less than the combined value of the two parcels separately. 2. INABILITY TO DISTRIBUTE BOTH ESTATES. Until the property is subdivided, the Estate of Bertha Pawlukczyk cannot be distributed. If the will cannot be effectuated to transfer the residence and one acre to Stella's sons,the entire property will have to be sold and the proceeds divided. This would require a difficult process to establish the value of the residence on one acre separate from the remainder. This will also deprive Stella's sons of the ability to reside in their family homestead. With the cost of homes in Southold Town,their ability to continue to reside here is highly questionable. Further, until the property is subdivided,the Estate of Stella Witczak cannot be distributed to put the house in the name of her sons. This prevents them from taking advantage of the STAR exemption and other applicable benefits of individual home ownership. As an alternative argument, we believe,this subdivision proposal falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002 because it qualifies as a Set-Off which meets the definition of Section A106-13 of the Southold Town Code. The Planning Board's policy which would disqualify the proposal as a set-off has not been codified. The proposed lot division will not adversely affect the concerns for which the moratorium was instituted. The property contains no significant farmland because of its small size. The proposal would meet current zoning criteria, and the one-acre parcel can be clustered. The Planning Board can resolve building area issues on the larger parcel. We ask for your prompt and careful consideration of this situation. Please refer this matter to the Planning Board. Very truly /yours, Abigail A. Wickham AAW/1b 30/shdtbwap cc: Planning Board Irene Stulsky Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 11/19/03 Receipt#: 0 Transaction(s): Subtotal 1 Moratorium Waiver $250.00 Check Total Paid: $250.00 Name: Pawluczyk, Estate Of Bertha Bridge Ln&Cty Rt 48 Cutchogue, NY 11935 Clerk ID: LINDAC Intemal ID:83440 LAW OFFICES VS,/ WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J.BRESSLER WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM NEW YORK 11952 LYNNE M.GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO.631-298-8565 SUITE III wwblaw@aol.com MELVILLE,NEW YORK 11747 631-249-9480 TELEFAX NO.631-249-9484 November 13, 2003 Town Board,Town of Southold 2 Post Office Box 1179 53095 Main Road D t2� E U lG D Southold,New York 11971 NOV 14 2003 Re: ESTATE OF BERTHA PAWLUCZYK Bridge Lane and Co. Rt. 48, Cutchogue,NY 1192 5 SCTM#1000-84-5-4 Southall Town Plannin BoarA Gentlemen/Ladies: We represent the Estate of Bertha Pawluczyk, who died on August 6, 2002 owning a 4.2 acre parcel of land containing a residence and a barn with assorted accessory structures. The property has been in the Pawluczyk family for many years. Mrs. Pawluczyk's will, drawn in 1974, left the residence with one acre to her daughter, Stella Witczak, and the remainder of the property to her two daughters, Stella Witczak and Irene Stulsky. Irene Stulsky is the executor of the estate and has asked us to apply for a subdivision to divide the house and one acre from the remainder of the property in accordance with the will. We request a waiver from the current moratorium on subdivisions so that they may proceed with a two lot minor subdivision. We enclose a copy of the wilfa copy of the survey, and the application fee of$250.00. While the division would require a one acre lot in an AC zone,we will ask the Planning Board to treat the subdivision as a cluster, so that a variance would not be required. Our client will encounter the following hardships if the Estate is not allowed to proceed with the subdivision because of the moratorium: 1. EXTRAORDINARY FINANCIAL HARDSHIP. After her mother's death, Stella Witczak passed away, leaving the residence parcel to her two sons,who reside at the property. If the residence on one acre cannot be subdivided from the remainder of the property,they will be unable to make much needed repairs with their own funds without running the risk that the entire property cannot be subdivided and therefore would have to be sold. If the property has to be sold,the cost of the necessary repairs would probably be wasted because a new buyer would most likely have other plans for the property. They would also be unable to mortgage the residence to fund those repairs because the Bank would require a mortgage on the entire parcel and a co-signature from Mrs. Stulsky. Another aspect of financial hardship is that if the entire property cannot be subdivided and therefore must be sold,the price for the entire parcel will be less than the combined value of the two parcels separately. 2. INABILITY TO DISTRIBUTE BOTH ESTATES. Until the property is subdivided,the Estate of Bertha Pawlukczyk cannot be distributed. If the will cannot be effectuated to transfer the residence and one acre to Stella's sons,the entire property will have to be sold and the proceeds divided. This would require a difficult process to establish the value of the residence on one acre separate from the remainder. This will also deprive Stella's sons of the ability to reside in their family homestead. With the cost of homes in Southold Town,their ability to continue to reside here is highly questionable. Further,until the property is subdivided,the Estate of Stella Witczak cannot be distributed to put the house in the name of her sons. This prevents them from taking advantage of the STAR exemption and other applicable benefits of individual home ownership. As an alternative argument, we believe, this subdivision proposal falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002 because it qualifies as a Set-Off which meets the definition of Section A106-13 of the Southold Town Code. The Planning Board's policy which would disqualify the proposal as a set-off has not been codified. The proposed lot division will not adversely affect the concerns for which the moratorium was instituted. The property contains no significant farmland because of its small size. The proposal would meet current zoning criteria, and the one-acre parcel can be clustered. The Planning Board can resolve building area issues on the larger parcel. We ask for your prompt and careful consideration of this situation. Please refer this matter to the Planning Board. Very trul y yours, #Abiog AAW/lb 30/shdtbwap cc: Planning Board Irene Stulsky LASER FICHE FORM SUBDIVISIONS SCANNED JUN 2 1 2001 )Records Mana em nt Project Type: Standard -- Iee.uus ;�iaua�ement Status: Final Approval SCTM # : 1000 - 84.-5-4 Project Name: Pawluczyk. Bertha (Estate of) Location: The parcel is located on the south side of C R 48 (Middle Road) in Peconic in the A-C Zoning District. Hamlet: Peconic Applicant Name: Estate of Bertha Pawluczvk Owner Name: Pawluczvk. Bertha (Estate of) Zone 1 : A-C Approval Date: 5/14/2007 PLAT Signed Date: !'J/4/0? OPTIONAL ADDITIONAL INFORMATION A date Indicates that we have received the related information Zone 2: Zone 3: Cand R's : Homeowners Association R and M Agreement: Address: County Filing Date: SCAN Date: SUBJECT /4v PREMISES 07 + Y � 3 \�O� `S,> �.1: .:.• X9/ 4 �d�,�ag+r / �,,p5 ` 10 `eN -: NlPoµgl. ,dry gv "/ Y PWT S), / x'32• wi ro* KEY MAP SCALE 1 "=600' PROPOSED PARCEL 1 PROPOSED SET OFF MAP i IRENE PREPARED STULSK p E C E a E \ ' ' G1Ty APPROVED PRELIM. PLAT SI T UA TED A T D o APA 12 2004 SEP 112006 P E C O N I C �� q+fSouthold Town ` s o rF TOWN OF SOUTHOL FlznRing9oard T ASUFFOLK COUNTY, NEW YORK \ lb S . C . TAX No . 1000 - 84- 05 - 04 \\\ �8gsW. SCALE 1 "=30' -P ' MARCH 13, 2003 � �t�,;' 483 MARCH 31, 2004 REVISED PROP. LOTS �0. 86' AREA DATA PARCEL 1 40,000.00 sq. ft. 0.918 Oc. ' :,"1. `.•�;:•: . Ss. � ��� 4' 142,667.41 sq. ft. PARCEL 2 ,.� 3.275 CO. \ �/ �g, TOTAL 182,667.41 sq. ft. PROPOSED 4.193 CO. •i \ ti°' PARCEL 2 \ /o APPLICANT: _ \ IRENE STULSKY 760 SEAWOOD DRIVE \ SOUTHAMPTON, NEW YORK 11971 \ \ NOTES: "g 1. ELEVATIONS SHOWN THU5: 5r ARE REFERENCED TO AN ASSUMED DATUM. \ cs \ _ TO THIS D N 1 H wzm ALTERAnoN OR womD EDUCATIOF ON SURVEY200 IS1HE NEW YORK STATE • .` .• <,,y �C�L� mUGnON UAW. ✓ L," i •' _ TMPI6 OFE �OST IS SURVEY MM HOT BEARING \\\/// ' •+• \ '4kf ='c,Nr �� - \ \ _F_.. _ NOT ewooTECeCONSIDERED O BE AA VALID TRUE COPY. o4 M D J5 CERBFICAMNS INO=TED HEREON SHAJ1 RUN s CI PSy S D I7 ONLY TO THE PERSON FOR WHOM THE SURVEY Is PREPARED. AND ON HIS BEHALF TB THE � TRIS COMPANY, IO LISTED NE RON, A AND \ = G QQ LENDING ASSIGNEES F THE HEREON. IRO TU110N. CERDFOATONS ME NOT TRMSFERAAO<E, I ' .• A' .:• \ -- P�,S� MAY 1 32004 llT THE ASSIGNEES OF 111E LEROING INSn— 1 Southold ooWR THE EXISTENDE OF RICK OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ME NOT GUARANTEED. \ \ R \ PREPARED IN ACCORDANCE WITH THE MINIMUM + STANDARDS FOR TRUE SURVEYS AS ESTABLISHED M THE H USE MO E YO AND ATE D Joseph A. ingegno NR SUCH USE BY THEN YORK STATE UND MsoCIA 4 Land Surveyor v2��3 S h�`�g ✓ �` � \ p h d The Surveys — Subdivisions — Site Plans — Construction Layout lV,)� PHONE (631)727-2090 FOX (831)727-1727 L OFFICES LOCATED AT MAILING ADDRESS I N Y.S. Lk, No. 49668 322 ROANOKE AVENUE P.O. Box 1931 RIVORHEAD, New York 11901 Riverhead. New York 11901-0965 23-034A I I II i I 0 / / / SUBJECT S PREMISES 4oON- ., \ .ll � � d`�c� / � 'fvfD,� o� •rte OHS RO� f '" ' • • / / y, x W ero 23/ �Hry LE c °x .p*' .�,t�Y .➢�/' We ;"�w000 Posy 'nPy KEY MAP SCALE 1 "=600' _ : • by /�a \ PROPOSED PARCEL f PROPOSED SET OFF MAP . $ o PREPARED FOR \ , '03Q0 p [� G e IRENE STULSKY NOV 14 2003 D SITUATED AT Sauthow1°;" P E C O NI C • �s 1 \\ �'np�N��.� ' ,•:. . �> dN`�i � TOWN OF SOUTHOLD �c \ SUFFOLK COUNTY , NEW YORK \ �r S . C . TAX No . 1000 - 84- 05 - 04 SCALE 1 " =30' \ �o MARCH 13, 2003 s, AREA DATA a• \ 0, a. PARCEL 1 0.91'�° ;v 386- 40,000.00 s ft. 8 ac. 9 Pq. 142,667.41 s ft. PARCEL 2 3.275 CO. O'• 182,667.41 sq. ft. • - �� 430 0, ds 91A TOTAL 4.193 ac. • 1 .A �_� ^�/ '''z- PROPOSED PARCEL 2 , •fie APPLICANT: /a IRENE STULSKY 760 SEAWOOD DRIVE SOUTHOLD, NEW YORK 11971 NOTES. g 1. ELEVATIONS SHOWN THUS: yr ARE REFERENCED TO AN ASSUMED DATUM. - _ - UNAUTHORIZED ALTEMHON OR ADDITION ��� : •� -- TO THIS SURVEY IB A VN OF SOCTIOTATEM OF THE /V•• �p , \ ORK NOF COPIESBNEW YTHIS SURVEY MAP NOT SHEARING IY.' •• �l� _ - THE LAND SURIEYDR'S INKED SEAL OR TO BBE AmVA110 SEALTRUCOPi.L NOT BE CONSIDERED rjt ri CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERV7C `�Y +• \ - - t c N' 1. IS TRIP COMPANY.AND ON HIS BK GEYC NCY ANTSON MR WHOM THE D y •iNr �S �� LENDING INSTITUTION LISTED HEREON, AND - • - (, DQ TO THE ASSIGNEES OF THE LENDING INSD- - TUDON. CERRFIGTONS ARE NOY TRANSFERABLE. C THE EREASE NT RIGHT RECORD,WAYS ANOIF ANY/NOT SHOWN ARE FNOTUAANTEED. \"qF = PREPARED IN ACCORD CE WITH THE MINIMUM FQ USE Tmi E NON YOR ���o Joseph A. Ingegno BY THE LIALS. AND APPROVED AND ADOPTED 0 A5 pF NE Land Surveyor ?6+03. -ya ti r7 oy p p� Title Surveys — Subdivision — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 41 -`v' tyD SJ 1380 ROANCKECES rAVENUE EO AT MPA•Box P.O.N'.Y.S. Llc No. 49866 ftIVERHEAO, New York 11901 Riverhead. New Yark 11901-0965 23-094 1