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HomeMy WebLinkAbout1000-83.-2-11.5 I SUBDNISION MAP OF TOTAL AREA = 2,304,98B.44 sq. ft. MORRELL, L.L.C. 52.915 OC. BOF3VLA COUNTY DwAnuilon a BMAvrD SDRYLCMD NAUPPAUGS, N.Y. OREGON, L.L.C. 23.8% OF TOTAL AREA = 547,923 sq, ft. (BUILDABL (ROAD AREA - 101,958 sq. ft.) UBJECT 0 OVENANTS B RESTRICTIONS LIBER 1.2y go JUN 09 M SITUATED AT (INCLUDE f0' EXISTING RIGHT OF WAY) PAGE ?y7 CUTCHOGUE (TOTAL PROPOSED LOT AREA = 445,958 sq. 1t.) Tf lS TOWN OF SOUTHOLD CT TO COVENANTS & RE 7RICTIONS LIBER fYAf50 D 76.2X OF TOTAL AREA R) 1 ,757,065 sq, ft. (OPEN 6 SUFFOLK COUNTY, NEW YORK (INCLUDE S' WIDE PL NRNC BUF ER)(INCLUOING DEVE OPMNB RIGHT AREA TO 50 D) — PAGE�4FO o'• Y dr`"` � "ly �neMv"^ ° O W Pmm S.C. TAX No. 1000-83-02-11 .511111 awmvm an N. a .x. tleb.. WaMr SePPNw and W DNw•a "... 1000-83-02-12 NOTES: FaNN.. mwM aedMD to aamwemn .wm"' N Ml.al st m.um. . e1 cw.uuauan and em .W !" .loam"p.rmib ryleumt Be "oB. .LaMarb. ml. aPPlwal .Fell e. wnd oC I IM �.q{y gwtm BN 1. ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. d""', m+P i. m NM .xh ". ceunb Clex wAxln aro r.ar SCALE 1"=100' m "M 1 cnn.we h.r.W x: rot uw millR M "w Pan EXISTING ELEVATIONS ARE SHOWN THUS: 50.0 wmeh "I. .nmmwlw,t a on m ". oma. of". cower m9rx m .. FEBRUARY 26, 2004 EXISTING CONTOUR LINES ARE SHOWN THUS: — — — —50 — — — — imm°ma.m'W ft, t .=,u n. a1 ". P.N. Hadth Law and ". ypr TI' �,E MAY 18, 2004 REVISED A ��"�p,y, REFE ENCE NES. S10-04-0014 � KEY MAP JUNE 30, 2004 ADDED HEALTH DEPT. DATA y�V O SEPTEMBER 18, 2004 REVISED PER LETTER DATED AUGUST 16 2004 �y� SCALE 1 'r=600' DECEMBER 15, 2004 REVISED PER LETTER DATED NOVEMBER 1 2004 �/ z1' APRIL 11, 2005 REVISED PER LETTER DATED APRIL 7, 2 65 PLANNING WA THE EXISTENCE of RIGHT OF WAYS � �/� YAo A.NIwI. OCTOBER 19, 2005 ADDED WATER LINES AND/U@ EASEMENTS OF RECORD, IF //! dmc"r. dwlen a�uam, n�.ntol m°l1ry OCTOBER 20, 2005 ADDED TREE CLUSTERSANY, NOT SHOWN ARE NOT GUARANTEED. DECEMBER 14, 2005 ADDED EXISTING WATER MAIN TOWN OF SOUTHOLD SOL FEBRUARY 21, 2006 FINAL SUBDIVISION I HEREBY CERTIFY THAT THIS MAP WAS, MADE DATE OCT 16 2W6BY US FROM ACTUAL SURVEYS COMPLETED d FEBRUARY 26, 2004AN THAT ALL CONCRETE �y N/0/F Town of Southold MONUMENTS SHOWN T 5: ■ ALL AT/01FCOUNT3" OF SUFA04X ACTUALLY EXIST AND EAR POSRIONS ARE 9` Covenants&Restricti ns CORRECTLY SHOWN ALL DIMENSIOPIAL TIYBTNr STEELS (DawELOAYRNT RIONTS) LIBER/y�/ a_ A CORRECT. 87OWEL INF. STEaLa e HOUSE ? PAGE Gro TYPICA GE DISPOSAL SYSTEM AND GEODETIC DETa,i' LURA CORBO, a. s 48.18, 10wNc11 o N/a/A' 0 o LOVAS C. CORSO, f h RED NOT TO SCALE) - / 0" E ur In 'D 1.602.13' I q 4' LEEP me.. RNISAIM GRADE REGINA CORSO .m w' iT r I �I 2C RICNT OF WAY 5 I \ ° .(�• PRECAsr IEEwroRCED Lro EIE cDWN Hxlsx cRrnE YOMCA CORSO e. 9 r v1 CAST R al COV. WAIFAIIGM A IISECT PROOF DWEwNG j e11mE0 1' DEEP min. 2 DEEP mmc q5F IRON COVER ID Gf4DE �. O �`rYWN THIS IS PL CERTIFY THE OF THE PLAN HAS BEEN APPROVED m , , , - NIN. 4• tlk. NIR a Aa BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION L waro - AwRGAm PIPE 2D'min' •min. APPRp40 PIPE „Ii.w.. OF APPROVAL DATED 1 —�;—_ PRCHED 1 4• i' J PIICIffD 1/A'/1' — PYST 1.187,40' EASEMENT EWs,,, ,I410.57' 10' WIDE WATER SERVICE EASEMENT \ IEA'ER! _ ab o' ,\\ N 4e1A']l1/w'/EASEMENT examea]-maxt SERVICE TO CE RE/R PiIOPRGR \ n•^ O 3- lN+mr BY y ad. /( U1 ,/ +IMS cP �t TmNxO 0 MWER sews¢M Imw !A• l WHOM A } %/ \ \ L 6-.-,, S U' �•d,' x��^„- vF ) CHAIRMAN PLANNING BOAR© ,{,'.L' \ \/ 88_,,Lr -,q % \ OF LOT SNA BE CLEARED w 4,�qo• 1 ,� / � ry6tF S.C. TAX No. 1000-83-02-11 .5 \ SEPTIC TANK (11 w - w1'xA. I. NNNUN SEFIIC TM,K CfPAGRES•Edi A 110 4 BEgMOY HOUSE R IAIDO GAll(1115. 111'•0¢ �1 C,CD4Y' D ` .y=eullnlw EM51u.E .,� ,. .:' / „ 3 9 I TANK; e' LONG, 4•a MF, a-7 DEEP OOO N 4440'45" W N I S 2 CONCRETE G HAVE A NtMlelM COMPRESRME SIIQwRI OF ADW ed AT 26 DNS. G ',gYpRC�C ..5 39!.69' TS•T1 LOT 7 \ 1 WNLL TRICKINESS SIAL ME A MINIMUM OF S•, A IDP 11MG(149S OF M' AND A MORON THICKNESS OF 4•. Y Y, 4O`CY* GS ML wAIU. �Rdl ANo MP SH LL CORfAw RE NG11,0RF TD Mw N1 AVUFD MIKE Of JW pal. ♦` T-- --_—_ Wi' 4 ALL MINS AWL BE SENEO 'JO 11MT 114E TAN( R WAIERIKHT. Wy. '�y� , �- / WEnala pAq,UIE--r-- ppOPOSEpNANT 508,119 sq. ft. (DEVELOPMENT RIGHTS AREA TO BE SOLD) pyo 5. THE SEPIIc TANK SEMLL BE INAAILm AT IEYFL d ALL OP.FLRONS (WITH A NUL mLERwcE OF Yt/47 - + / 1:'. 4 FINE ON A YNIWY J' IiMCK ISL of CGMACITD WD OR PFA GRRRL "w''•' di LOT 6 7 ' 4 AES 4 e A ,a' EDM DISrANCE BETWEEN SEPTIC TANK MID HOUSE SNUL SE MNNALNED. h I melena /,{Y/� 80,103 sq. f#. - ! 5 pEWND WAITF "�'"" '^I w" h� /6 MAX. 35X OF LOT / v - `w m;wl'm'C,.ewi z R)ry ;/ SHALL BE CLEARED • 1� N 43.04`RO' W IR I e —'_ S 46'04'40„ E .4i �/ --_—.—erawlmM FNh10IE— / +.,1'46 1b°ti M10Q00' N I O .- LEACHING POOL 93.54' g /' TREE • •P '.ti �y TT }� �1 CLUSTER \ TYPICAL CAL PL 0 .( PLAN ,. NINUWM LEACHING SYSTEM FOR A 1 TO 4 MEURRIN HOUSE IS ]Ue Be N SKWINt I AREA Pa e 44Od'4p• W PODI: 12' ajaP, e' Us. 418.e4' b N 16'0440• W 6 _ 2. IFADMW FOOLS ARE 10 KE CONSIRUCIED OF PRECAST RDNFURCEI•LdICREIE (UR FOWL) FENCE 192.14' \ \ 55 — wT n (NOT TO SCALE) IEAOHING sisucrulas. sauD opMes AHP/oR Sues. MS'R Maw. 5 04'40' E 3. ALL CAUSE ALML 9E Oi PI✓Ef_.PEDIreaces CONGEEIE (di EG,1L). �-�NDdAO 130.14' 4 A 10' min. DISTANCE eEIWIDi LFILHING POOLS AND WMER UNE 91LLL BE W,MNNED. / Z N 46`04 �(� 4040A20 sq. ft. I N N •9 PROPERTY UNE AN 5 e' Min. DW.W eErvIEFN Au tFwdiSIU U__PCOLs SL eE YNWxED.N1)l7 4a� W 212.63' "l \ \ M AN e' min. 05rM10E BEIWQ:TI ALL tFAO11Nc P0015 AND STOIC TANK SXNL s WINNNEII yQD• .. - o. \ P1 �. \ ` W _ ,16T HOLE 31 TEST HOLES DATA M�� ry LOT 8 Be. n (TEST HOLE DUG By MCODNern r ncrveN^^ ON SEPTEMBER 24, 2003) 40Y 0 / 8 ,195 sq• f# �gy. 35X OF LOT ' A. h� S LL BE CIfAR `T O1 N TEST HOLE #i TEST HOLE #2 O A'] r.•iW \ N \ NK \ � � 46'04'40' W ;OO.BO' I Wtl:wI0M1 WL M1 GV.- wMM a \ \ 8 \ \ \ ^ .O. 'A' wwwMn sunn 'e, � O 4• M RWLOnic - � • � \ \ w I� d — HDuSE N 4C39'S0^ W ' ' McWw men•sera sc (� 334.74 / '� \ \ \ I� N 4436'35' W i ? CI 1 j m wwx NIE r �. J• l0 / fV \ ` \ W W w w 7�� w — TANK C elmiwa w.w rt cp 3 y / F\ \ \ / �l' CO� LANE WmI Yw zm oror / LOT2 49 LEACHING K ro w.dw PxE „ �i.,f,�, O 84.27,1 sq. ft. b. N / 4� \ \ TO' POOL 50x EXPANSION '�4 3 35X OF LOT dr \ O `r - n o / ^ HAALLL BE CLEARED N1 \ \ MIN. MIN. POOL ,Q„""'m' "'n4�"'d Z I Auuu y % 1 , S.C. TAX . \o. 1000-83-U2-12 z m / ^y � 1ESr HotE Ix d A r / 1 ,239,745 sq. ft. (DEVELOPMENT RIGHTS AREA TO BE SOLD) / - 0 herebyd. rortify by tIor water eupply(v) and/or e.waPo disposal el and thorough for h S proje 11 M1 h 1 L annF IL L vdtpMAa OAxn.OpE ry 0 were dewigned by me or under my diroetion. Bayed upon a .od. c and thorough etutly F! the Boil, its and ground water conditions, II lot propoRed, rorNDrm to th. 5 H Ik Can ( N 46`39'50` W R 31719 J D.partmml of Health Services construction etaydaPrdM In offset av of this dab. �0 { 60 W, c 0 , I 80,143 sq. f#. <. `f�,:7•iRoo r'' h 1, ' p \ MAX. 551X OF LOT I U U; SHALL BE CLEARED r l qJ, ,.cll I' o VB B 4 F1KKiHT OF WAY \ o 1111 , 159 sq. ft. \ .a N.Y.S. Gc. No. 49668 f6(39'S0• E \ \ \ \ \ < efa 5' PUNTING BUFFER xG ] w E GEe o Use 1. 2 • ] Z sT EuunwG eDnvLrcE Z 9.201 ! H. 40' WIDE RIGHT OF WAY \ N Joseph A. Ingegno ----- _—_ 9 -- — — _ — PROP03E0 16' WIDE ASPHALT ROADWAY 306.913 rdt \ _ vi (U a•E.bIFAO wMIE! ry JEFFREY T. BUTLER, P.E. Land Surveyor N 46'39"50" W I 107--MSTING RIGHT OF WAY 6,405 sq. H, F.MO.Is•. P.O. BOX 634 � 1C- � o m.bl 20' InDa Rrcar oiil� WAY SHOREHAM, NEW YORK 11786 Title Survey! — Subdivision! — Site Plans — Construction Layout o (DICAr"S ROAN) Cpl \ \ 2.149.71' TEL. 631 -821 -8850 PHONE (631)727-2090 Fax (631)727-1727 Y/O/ \BS A �y COUNTY OF SUMMER FAX 631 -821 -7287 OFFICES LOCATED AT MAILING ADDRESS (DR14'LOFYRNr Rraurs) 322 ROANOKE AVENUE P.O. Bos 1931 0 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 'Q 99-42A MAILING ADDRESS: PLANNING BOARD MEMBER OF so P.O. Box 1179 JERILYN B.WOODHOUSE ���` y�lO Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS H Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON �Ol (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �'COU Southold, NY IY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 2006 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Conservation Subdivision of Oregon LLC/Morrell LLC Located on the n/s/o Oregon Road, at the terminus of Cox's Lane in Cutchogue SCTM#1000-83-2-11.5 & 12 Zoning: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, October 16, 2006, adopted the following resolution: The public hearing was closed. WHEREAS, the proposed action will subdivide a 52.91-acre parcel, inclusive of SCTM#1000-83-2-11.5 and SCTM#1000-83-2-12, into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 29.14 acres which includes 28.22 acres proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 12.17 acres and is proposed for a Development Rights Sale to the County of Suffolk; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the plat dated as last revised on June 30, 2004; and WHEREAS, on September 13, 2004, the Southold Town Planning Board granted a negative declaration for the project pursuant to SEQRA; and WHEREAS, the Southold Town Planning Board granted conditional preliminary approval by resolution dated November 9, 2004 on the plat dated June 30, 2004; and WHEREAS, on June 15, 2006 the applicant submitted five (5) mylars and eight (8) paper prints of the final plat prepared by Joseph A. Ingegno, L.S. February 26, 2004 and last revised February 21, 2006, each containing the Health Department stamp of approval; and Oregon LLC/Morrell LLC Page Two October 17, 2006 WHEREAS, the final map contains all of the revisions as required by the Planning Board in previous resolutions and as determined by the Board at their work sessions during the review process; and WHEREAS, on September 28, 2006, the applicant submitted an application for final plat approval, the park and playground fee in the amount of $17,500, one (1) copy of the Road and Maintenance Agreement to be filed with the Office of the County Clerk simultaneously with the final maps; and WHEREAS, on October 6, 2006, the application submitted one (1) copy of the filed Declaration of Covenants and Restrictions; and WHEREAS, the Southold Town Planning Board finds that all of the conditions of preliminary plat approval have been met and the application is complete; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval upon the plat prepared by Joseph A. Ingegno, L.S. dated February 26, 2004 and last revised February 21, 2006 and authorize the Chairperson to endorse the maps, which shall be filed simultaneously with the Road and Maintenance Agreement in the Office of the County Clerk. No construction activities shall take place until the Road and Maintenance Agreement has been filed in the Office of the County Clerk and a copy has been submitted to the Planning Board. In addition, a copy of the Deed of Development Rights Sale shall be submitted to the Planning Board upon completion of the sale with Suffolk County. Upon endorsement by the Chairperson, the mylar maps 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 Woodhouse Chairperson cc: Robert Zaher, Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Recorded: 11/14/2006 Number of Pages: 8 At: 11:48 :40 AM Receipt Number : 06-0109749 TRANSFER TAX NUMBER: 06-12637 LIBER: D00012478 PAGE: 288 District: Section: Block: Lot: 1000 083 .00 02 .00 012.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $24.00 NO Handling $5.00 NO COE $5. 00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0 .00 NO Cert.Copies $5 .20 NO RPT $50 . 00 NO SCTM $0 .00 NO Transfer tax $0.00 NO Comm.Pres $0 . 00 NO Fees Paid $109 .20 TRANSFER TAX NUMBER. 06-12637 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 1 2 • Number of pages RECORDED Nou 14 11:48:40 PM TORRENS Judith G. Pascale CLERK AF Serial# SUFFOLK C=iUFIP,' ` ilial Certificate# DOOO1' 478 P 2108 Certificate DT; ?rior Ctf. # 06-12"Z7 Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES ge/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. 0 2. Additional Tax TP-584 ' Sub Total Spec. /Assit. Notation or EA-5217 (County) Sub Total Spec. /Add. TOT. MTG. TAX EA-5217 (State) Dual Town Dual County ®��S �j Held for Appointment R.P.T.S.A. "Ly Transfer Tax Comm. of Ed. 5. 00 0 a v Mansion Tax Affidavit The property covered by this motgage is or will be improved by a one or twe. Certified Copy 5� C) family dwelling only. 7 Reg. Copy Sub Total YES or NOIf NO, see appropriate tax clause on .Other Pr Grand Total page# of this instrument. / �d 4 District Section 83 Block 2 Lot 5 Community Preservation Fund Real 1000 08300 0200 012000 Consideration Amount $0 Property PTS 1000 08300 0200 011005 Tax Service F2 MMA A PF Due $0 '�igency 14 NOV-0 Improved Verification Vacant Land Satisfaction/Discharges/Release List Property Owners Mailing Address TD 0 RECORD & RETURN TO: PATRICIA C. MOORE ESQ TD 51020 MAIN ROAD SOUTHOLD NY 11971 TD 7 Title Company Information Co. Name PECONIC ABSTRACT, INC. _ Title# Suffolk County Recording & Endorsement Page This page forms part of the attached COVENANTS AND RESTRICTIONS. W/Fka-mkm made by: (SPECIFY TYPE OF INSTRUMENT) :,REGON LLC AND MOREL.L. LLC The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD I'ONICA LLC In the VILLAGE or HAMLET of CUTCHOGUE _ BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Er Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. 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 bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. 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 payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, NY 11757 Riverhead, NY 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 Port Jefferson, NY 11777 Shelter Island, NY 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, NY 11937 Smithtown, NY 11787 (631) 324-2770 (631) 360-7610 f� Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, NY 11743 Southampton, NY 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip, NY 11751 Southold, NY 11971 (631) 224-5580 (631) 765-1803 Sincerely, &VUd1 d) . Edward P. Ramaine Suffolk County Clerk DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS ROAD & MAINTENANCE AGREEMENT This declaration made this 28 day of September, 2006, between Oregon LLC doing business at P .O.Box 1287, (NO#) Oregon Road, Cutchogue, New York, 11935, herein "Declarant" , and Morell LLC, doing business at P.O.Box 1287, (NO#) Oregon Road, Cutchogue, New York, 11935, herein "Declarant" ; WITNESSETH Whereas, Oregon LLC is the owner of real property, described on the annexed Schedule "A" , and known as Suffolk County Tax Lot 1000-83-2-11 . 5, and which property is located on the north side of Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, and Whereas, Morell LLC is the owner of the real property, described on the annexed Schedule "B" , and known as Suffolk County Tax Map Number 1000-83-2-12 ,which property is contiguous to Oregon LLC, also located on the north side of Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, and Whereas, the undersigned Declarants joined in an application for a subdivision of the 52 . 91 acres with 8 lots as shown on a subdivision plan prepare y Jose h egno, Lan +r� gmlo �o r. cCC �e Surveyor, dated February 26, 2004 �e as map q�q h FLad, 1111100b the Suffolk County Clerk and wish to impose certain restrictions on the use of the property and the common use and enjoyment of the road. -P GlC Eli PS A4"4J I/t/113, SLLIO . M/O I_J" rill C-I-C $-y2g0-n LLC Fjl,60 "/Iq/ O(c (_r7C!j( Cn� (� p� _R000O��C Now, therefore, the declarants, for themselves, their successors and assigns, declares that the parcels shall be held, transferred, sold, conveyed and occupied subject to the following covenants, restrictions, conditions and easements (sometimes referred to as "covenants and restrictions" ) hereinafter set forth. Section 1- Easements and Right of ways : (A) The common road is shown on a conservation subdivision map running from Oregon Road to Lot 6 . The road and utilities 1 have been installed by the Declarant . The owners of lots 1, lot 2 , lot 3 , lot 5 and lot 6 are benefitted by the improved road within the right-of-way which runs along the westerly side of lot 4 . Said right-of-way is for ingress and egress, and for installation, maintenance and repair of all utilities . In addition, Declarants mutually grant such easements from Oregon Road along the easterly side of lot 7 to Lot 5 and 6 for utilities . Declarants reserve the right to grant utility and water service line easements to any other parcels they deem appropriate. (B) The owners of each lot, its heirs, successors and assigns shall at their own cost and expense, return the road to its original condition after construction of a house and any accessory structures, as well as construction, installation, maintenance, repair, inspection and replacement of any driveways, water lines and service utilities . (C) The Water service for Lots 1 through 3 run along the existing subdivision road, and the water service for Lots 5 and 6 runs along the easterly side of Lot 7, through lot 6 and to lot 5 . The electric utilities run from Oregon Road in a northerly direction along Dignan' s Road easterly along the mapped Right-of- way to Lot 1, Lot 2 , Lot 3 , Lot 5 and Lot 7 . Lot 5 and Lot 6 shall be subject to the rights of others to construct, install , maintain, repair, inspect and replace such utilities within the right of way, as shown on the filed map. All lots on the subdivision map shall be subject to those utility easements shown on the filed map. Declarant, his successors or assigns, shall not interfere with said utilities . Section 2 - Ownership of Road: The Declarant will convey the road to Monica LLC, a New York Limited Liability Company doing business at P.O.Box 1287, Cutchogue, NY. At the closing of title to the lots, the owners of Lot 1, 2, 3 , 5 and 6 become members of said Monica LLC and shall have a 20% membership interest in Monica LLC. The owner of Lots 1, 2, 3 , 4 and 6, as members of Monica LLC, shall be responsible for one-fifth of the cost to repair and maintain the road and drainage, including, but not limited to snow removal, for the entire length of said right of ways from Oregon Road to Lot 6 . Payment of one-fifth of the cost of snow removal and routine repair and maintenance shall be due and payable within 30 days of the presentation of the receipted statement and request for payment . Maintenance assessments become liens against the property if the assessments remains unpaid for 2 more than 60 days after written notice is sent to the record property owner. Section 3 - Maintenance of right of way: The extent of routine repair and maintenance of said right of way shall be determined by the Monica LLC, in its sole discretion. Snow removal shall be required as needed. Section 4 - Completion of construction of residence: The exterior of the residence to be constructed on each Lot must be 100% completed within 12 months of the date of issuance of a building permit by the Town of Southold or commencement of construction, which ever is later, subject to force majeure . Section 5 - Trailers, mobile homes, etc . : No trailer, mobile home, tent or shed shall be used as a residence . Section 6 - Signs : No signs other than one displaying owner' s name and address shall be erected. Such permitted sign shall not exceed 288 square inches in size . In addition, temporary "For Sale" and small security alarm, "Private Property" and "No Trespassing" signs shall be permitted. Section 7 - Animals : No animals, other than the usual and customary inside household pets, shall be kept on the premises and such pets must be confined to the yard. Horses are prohibited. No coops, outside cages, dog runs or other structures for housing animals shall be erected without the approval of Declarant, in its sole and absolute discretion. Section 8 - Garbage, debris : No portion of any Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste including compost . All household garbage shall be stored in a closed container (s) , screened from view and shall be removed from the premises not less than once per week. Section 9 - Boarding up of structures : No residence and accessory structures shall be boarded up, nor shall any windows or entrances be sealed for any extended period of time, except in case of fire or similar catastrophe . Section 10 - Rental : No portion of the residence shall be rented to boarders , transients, or seasonal rentals and no Bed & Breakfast, or other such commercial use shall be permitted. This 3 provision is not intended to prohibit occupancy by persons related to one another, or the housing of housekeepers, home health aides, nurses, nannies or similar personnel . Section 11 - Vehicles/boats : Commercial vehicles and commercial boats shall only be stored in a garage . Non-commercial vehicles including trucks, boats, mobile homes, campers, recreational vehicles (RV) or trailers, limited to one, may be stored out of doors . Section 12 -Condition of premises : Each Lot shall be kept neat , orderly and well maintained. Section 17 -In the event of a violation or breach of this or any provision of this Declaration after giving thirty (30) days notice to cure, if the breaching party shall fail to take reasonable steps to remedy such violation or breach, the non- breaching party may enforce the covenants by an action at law or a proceeding in equity and if successful such be entitled to recover all costs and expenses incurred including reasonable attorneys fees . Section 18 - Exclusive Road: Lot 4 & Lot 7 are agricultural parcels and shall not have the right to enter onto the subdivision road. The road shall be for residential use only and the exclusive benefit of Lots 1, 2 , 3 , 5 , and 6 . IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. Morell , LLC B! C Oregon, LLC S Go ula. C • Co /2sv 4 State of New York ) ) : ss . : County of Suffolk ) On theCoo day of -Mopy in the year 2006 before me, the undersigned, personally appearedXMorell, LLC and" Oregon, LLC personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individual, or the person upon behalf of which the individual acted, cuted the instrument . y�• L D u S C . C JYz S ol Notary b is My a PMNS 3 D CL 3 �0 puWy",,.Sl 9ofNaarYa4 fy0. D I PCU1 No.01PE 6130636 QWilied M Suffolk GMM" corm* o Ewirae July 16. COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK 1, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Recorr�thereof, do. here certify that I have compared the annexed with the original � cv. RECORDED in my office on under LIBER .� .....7�'...............PAGE A�......and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the sea] of said County and Court on this .N."..day of V_j.1W e f- ......., 20.0.(R iA44�4 CLERK............................ "°- � 5 SCHEDULE "A"° DESCRIPTIO,"l ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road, said point being the intersection of the westerly line of land now or formerly of Timothy T. Steele and Jeanne F. Steele, formerly land of Nina Stevens with the northerly side of Oregon Road, said point also being the southeasterly corner of parcel about to be described; RUNNING THENCE from said point of beginning, South 43 degrees 15 minutes 50 seconds West along the northerly side of Oregon Road 434.08 feet land now or formerly of Frank D. Oliveto, Frank Tucci, Michael Makrides and Louis Essman, formerly of John Zuhoski; RUNNING THENCE North 46 degrees 30 minutes 10 seconds West along land now or formerly of Frank D. Oliveto, etal. 1903.37 feet to land now or formerly of Luba Corso, Regina Corso and Monica Corso; RUNNING THENCE North 82 degrees 28 minutes 00 seconds East along land now or formerly of Luba Corso, Regina Corso and Monica Corso 478.11 feet to land now or formerly of Timothy T. Steele and Jeanne F. Steele; RUNNING THENCE South 48 degrees 44 minutes 00 seconds East along land now or formerly of Timothy T. Steele and Jeanne F. Steele 1602.13 feet to the northerly side of Oregon Road and the point or place of BEGINNING. SCTM: 1000-83.00-02.00- 011.005 Oregon, LLC 0 SC�IEDULE "S" UES%glp T 11`: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Oregon Road at the southeast corner of the herein described premises where the same is intersected by the westerly side of land now or formerly of Joseph B. and Mary B. Hannabury, said point of beginning being also distant the following (3) courses and distances from the corner formed by the intersection of the easterly side of Cox's Lane with the southeasterly side of Oregon Road: 1) North 47 degrees 21 minutes 25 seconds West, 49.34 feet across Oregon Road to the northwesterly side of Oregon Road; 2) North 44 degrees 54 minutes 10 seconds East, 224.17 feet along the northwesterly side of Oregon Road; 3) North 43 degrees 43 minutes East, 6.11 feet to the true point or place of beginning; RUNNING THENCE from said true point or place of beginning along the northwesterly side of Oregon Road the following (3) courses and distances: 1) South 43 degrees 43 minutes West, 6.11 feet; 2) South 44-,degrees 54 minutes 10 seconds West, 224.17 feet; 3) South 40 degrees 23 minutes West, 518.97 feet to land now or formerly of John, Jr. and Lucille Zuhoski; THENCE along land now or formerly of Zuhoski, North 46 degrees 39 minutes 50 seconds West, 2149.51 feet to land now or formerly of Kalamaras; THENCE along said last mentioned land the following (2) courses and distances: 1) North 41 degrees 30 minutes East, 444.10 feet; 2) North 67 degrees 36 minutes 30 seconds East 356.55 feet to land now or formerly of Joseph B. and Mary B. Hannabury; THENCE along said last mentioned land, South 46 degrees 04 minutes 40 seconds East, 1996.91 feet to the northwesterly side of Oregon Road at the point or place of BEGINNING. SCTM: 1000-083.00-02.00-012.000 Morell, LLC 1111111 IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 10/02/2006 Number of Pages: 8 At: 02 : 08 : 15 PM Receipt Number : 06-0095892 LIBER: D00012471 PAGE: 966 District: Section: Block: Lot: 1000 083 . 00 02 . 00 011. 005 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $24 . 00 NO Handling $5 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 .00 NO Notation $0 . 00 NO Cert.Copies $5.20 NO RPT $50 . 00 NO SCTM $0 . 00 NO Fees Paid $104 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County liku Number of pages ( X-LI ULU 2V _• =ci 02 02cC"S Jrdi Ch G, P This document will be public -LE K-''F _HFF0Lk:: is T.; acc'rd. Please remove all ir00012-i'. social Security Numbers _ prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES (y Mortgage Amt. Page/Filing Fee — �1 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. otation or EA-52 17 (County) Sub Total v / Spec./Add. EA-5217 (State) TOT. MTG.TAX Dual Town Dual County _ -P.T.S.A. �_ ��� �L�, 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 bbl If NO, see appropriate tax clause on page# of this instrument. 4 Dist. ] 1000 08300 0200 011005 5 &/2 5 Community Preservation Fund 1000 08300 0200 012000 Real Property P T S Consideration Amount $ Tax Service R SFL A `, Agency 02CTCT-0 CPF Tax Due $ V Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land PATRICIA C. MOORE ESQ TD 51020 MAIN ROAD TD SOUTHOLD NY 11971 TD Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information , 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# Suffolk County Recording & Endorsement Page - This page forms part of the attached DECLARATION OF COVENANTS &RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) MORF.LL LLC AND OREGON, LLC The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOT TTHOT D yc, SOT TTHOT D TOWN PT ANNTNIC.BOARD In the VILLAGE or HAMLET of CI TTCHOGI TF BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over • SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS g �mHIti f-4 . THIS DECLARATION made by Oregon LLC and Morell LLC doing business in Cutchogue, New York this h day of September, 2006,. hereinafter referred to as the DECLARANT, as the owner of prc:mis��s 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 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES . 2 . This subdivision and the owner of each lot shall comply with the New York State Pollution Discharge Elimination System (SPEDES) requirements . The SPEDES permit requires, at a minimum, that an erosion and sediment control plan be prepared for any construton activity that disturbs one or more acres . The Storm-water Pollution Control Plan requires erosion control planning, site management and sediment control by all landowners . This erosion and sediment control plan has been filed with the Planning Board and a "Notice of Intent" forwarded to New York State Department of Environmental Conservation, in accordance with "General Permit for Storm-water Runoff from Construction Activity" (GP-02-01) , Albany, New York. 3 . As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants that a 5 ' wide vegetative buffer runs along the south side of lot 1 through 3 , lot 5, and lot 6, depicted on the subdivision plat . It is hereby understood that the Vegetative Buffer along the south side of the above lots is intended to mitigate the development impacts on the view shed from Oregon Road. To mitigate the impact on the view shed, prior to issuance of a Certificate of Occupancy, the owner of the above listed lots shall be required to plant a minimum of 8 street trees (or evergreens) consisting of a mixture of native species along the area designated as vegetative buffer. The native species, size and planting specifications are identified in the Southold Town Code . Subdivision regulations A108-45 . The owner shall guarantee the survival of the plants for a minimum period of five years . 4 . As a condition of approval by the PLANNING BOARD of the conservation subdivision, the DECLARANT covenants that along the common boundary of Oregon LLC, and the adjacent parcel , being the east side of Dingnan' s Road and west side of the Conservation Subdivision road, the Natural Buffer will be maintained. Prior to removal of the natural buffer the DECLARANT shall submit a plan (landscape, fencing, or other) to the Planning Board for their approval . The Natural Buffer may be pruned to maintain safe access and may be supplemented with native species without prior Planning Board approval . 5 . As a condition of approval by the PLANNING BOARD of the conservation subdivision, the DECLARANT covenants that on lot 1 through 3 , lot 5 , and lot 6, clearing for residential purposes shall be limited as shown on the filed map and in accordance with Chapter A106-56 of the Town Code . The location of the clearing shall be at the discretion of the owner as long as the aggregate land area cleared does not exceed the authorized percentage . The limitation on clearing shall not prohibit the proper landscaping and maintenance of the vegetation, including but not limited to removal of diseased, decayed or dead vegetation and obnoxious plant species . Specifically permitted throughout the entire property is the planting of additional native plants, or replacing trees and other vegetation with comparable native species . This condition does not prohibit or limit clearing associated with the agricultural use of the property. 6 . As a condition of approval by the PLANNING BOARD of the conservation subdivision, the DECLARANT covenants that there will be no further subdivision of Lots 1, 2, 3 , 5, 6 and 8 in perpetuity. 7 . As a condition of approval by the PLANNING BOARD of the conservation subdivision there shall be no changes to any of the lot lines without approval of the Town of Southold Planning Board. 8 . 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 Town of Southold. 9 . The aforementioned Restrictive Covenants are intended for the benefit of and 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, amende '., or promulgated. 10 . In the event that the Development Rights Easement sale is not completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board' s approval of the subdivision shall no longer be valid. 11 . The Town of Southold Building Department shall not issue building permits for any of the lots on the approved subdivision map until the Development Rights Easement sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement submitted to the Town of Southold Planning Department . 12 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof . 13 . The owners of lot 1 through 3 , lot 5, and lot 6 , shall have the right of ingress and egress, and utilities over the common 25 foot right-of-way as shown on the map. Said common access is or may be improved with asphalt, electric lines, cable, water lines, gas lines, and such other utilities as may become available . 14 . As the parcels are improved with a single family dwelling, the owners of those improved lot 1 through 3 , lot 5, and lot 6, shall share the cost of maintaining said common driveway in it present condition, including but not limited to the cost of snow removal, the cost of routine repair as needed to maintain the common driveway in its present condition, and for such other routine repair as may be required. The owner' s payment of their share of said cost shall be due and payable within 30 days of the presentation of a receipted paid statement or bill . 15 . Declarant hereby reserves the right to grant an easement for utilities over or under the right-of-way to adjacent properties for the purpose of connecting to existing or future utilities which run within the right-of-way. 16 . That the parties, their respective distributees , devisees, personal representatives, successors or assigns, upon whom this agreement and conveyance shall be binding and to whom its benefits shall inure, shall in any wise impede or obstruct the other party in the free use of the right-of-way or utility easement for the purposes set forth above . 17 . These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by a vote of a majority plus one of the members of the Planning Board. 18 . 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 be held to 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 . Morell, LLC Loin. Corso, Managing Member Oregon, LLC Louis C . Corso, Managing Member COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby�certify that I have compared the annexed with the original � 1AR�7IdN,9.F.!-:'�:R.....RECORD/� in the office on 1Q-a." 46(�.. under LIBER ....f.�!��f..............PAGE -%P6.......and, that the same is a true • copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set m hand and affixed the seal of said County and Court on this ..ai�...day of.07�F$......_..... 20 State of New York ) ss : County of Suffolk ) On this L6+w day of September, 2006, before, the undersigned, personally appeared LOUIS CORSO, personally known to me or proved to me on the basis of satisfactory evidence to the be individual (s) whose names) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies) , and that by his/her/their signature (s) on the instrument, the individual (s) , or the person upon behalf of which the individuals) acted, executed the instrument . Nota ublic PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.4861668 Commission Expires June 16,718 State of New York ) ss : County of Suffolk ) On this Z�'� day of September, 2006, before, the undersigned, personally appeared LOUIS CORSO, personally known to me or proved to me on the basis of satisfactory evidence to the be individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies) , and that by his/her/their signature (s) on the instrument, the individual (s) , or the person upon behalf of which the individual (s) acted, executed the instrument . Nota Public PATRICIA C. MOORE Notary Public,State of New Yofk Suffolk County-No.48616$8 Commission Expires June 16, 2 (o 0 SCHEDULE "A" DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road, said point being the intersection of the westerly line of land now or formerly of Timothy T. Steele and Jeanne F. Steele, formerly land of Nina Stevens with the northerly side of Oregon Road, said point also being the southeasterly corner of parcel about to be described; RUNNING THENCE from said point of beginning, South 43 degrees 15 minutes 50 seconds West along the northerly side of Oregon Road 434.08 feet land now or formerly of Frank D. Oliveto, Frank Tucci, Michael Makrides and Louis Essman, formerly of John Zuhoski; RUNNING THENCE North 46 degrees 30 minutes 10 seconds West along land now or formerly of Frank D. Oliveto, etal. 1903.37 feet to land now or formerly of Luba Corso, Regina Corso and Monica Corso; RUNNING THENCE North 82 degrees 28 minutes 00 seconds East along land now or formerly of Luba Corso, Regina Corso and Monica Corso 478.11 feet to land now or formerly of Timothy T. Steele and Jeanne F. Steele; RUNNING THENCE South 48 degrees 44 minutes 00 seconds East along land now or formerly of Timothy T. Steele and Jeanne F. Steele 1602.13 feet to the northerly side of Oregon Road and the point or place of BEGINNING. SCTM: 1000-83.00-02.00- 011.005 Oregon, LLC SCHEDULE "A" DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Oregon Road at the southeast corner of the herein described premises where the same is intersected by the westerly side of land now or formerly of Joseph B. and Mary B. Hannabury, said point of beginning being also distant the following (3) courses and distances from the corner formed by the intersection of the easterly side of Cox's Lane with the southeasterly side of Oregon Road: 1) North 47 degrees 21 minutes 25 seconds West, 49.34 feet across Oregon Road to the northwesterly side of Oregon Road; 211 North 44 degrees 54 minutes 10 seconds East, 224.17 feet along the northwesterly side of Oregon Road; 3) North 43 degrees 43 minutes East, 6.11 feet to the true point or place of beginning; RUNNING THENCE from said true point or place of beginning along the northwesterly side of Oregon Road the following (3) courses and distances: 1) South 43 degrees 43 minutes West, 6.11 feet; 2) South 44-,.degrees 54 minutes 10 seconds West, 224.17 feet; 3) South 40degrees 23 minutes West, 518.97 feet to land now or formerly of John, Jr. and Lucille Zuhoski; THENCE along land now or formerly of Zuhoski, North 46 degrees 39 minutes 50 seconds West, 2149.51 feet to land now or formerly of Kalamaras; THENCE along said last mentioned land the following (2) courses and distances: 1) North 41 degrees 30 minutes East, 444.10 feet; 2) North 67 degrees 36 minutes 30 seconds East 356.55 feet to land now or formerly of Joseph B. and Mary B. Hannabury; THENCE along said last mentioned land, South 46 degrees 04 minutes 40 seconds East, 1996.91 feet to the northwesterly side of Oregon Road at the point or place of BEGINNING. SCTM: 1000-083.00-02.00-012.000 More11, LLC • 0 b • SUBD ISION STATUS REPORT CLASSIFICATION: STANDARD CONSERVATION CONSERVATION ODA PROJECT NAME: Q C J L4. ZONEL ZONE2: ZONE3: LOCATION: HAMLE 1 C�� PROJECT USE: L r \ +�+ SCTM# 1000- OWNER NAME: APPLICANT NAME: TEL#U AGENT NAME: PV0 TEL#L PROJECT DESCRIPTION THIS PROPOSED SUBDIVSION IS FOR _LOTS ON ACRES,WHERE IN THE _L ZONE LOCATED IN SCTM#1000-___--_-- -_ DATE PAST ZBA ACTION YES NO PRE-SUBMISSION CONFERENCE WORK-SESSION APPLICATION RECEIVED DATE /_2/O� COMPLETE YES NO C, 311�L COMPLETE APPLICATION RECEIVED-1-i APPLICATION CHECK CASHED L WORK-SESSION-ERSAP REVIEW APPLICANT ADVISED OF NECESSARY REVISIONS REVISED SUBMISSION RECEIVED: ALL WORKSESSION DATES OPEN DEVELOPMENT AREA PUBLIC HEARING OPEN DEVELOPMENT AREA APPROVAL WITH CONDITIONS YES- NO SKETCH PLAN APPROVAL WITH CONDITIONS YES NO PRELIMINARY ROAD AND DRAINAGE PLAN &BOND ESTIMATE SUBMITTED PRELIMINARY HEARING(62 DAYS AFTER COMPLETE SUBMISSION) PRELIMINARY APPROVAL WITH CONDITIONS YES NO BOND INSTRUMENT APPROVED BY TOWN BOARD PARK AND PLAYGROUND FEE. S PAID DRAFT COVENANT AND RESTRICTION RECEIVED FINAL COVENANT AND RESTRICTION RECEIVED FINAL PLAT-ROAD AND DRAINAGE PLAN SUBMITTED FINAL PLAT-PUBLIC HEARING FINAL PLAT APPROVAL FINAL PLAT FILED WITH SUFFOLK COUNTY SUBMITTED COORDINATING AGENCIES LEAD AGENCY: TOSPR:_,OTRRR:_RIMM:PARTI_PARTS_,PARTS_.SHORT EAF_,LANG FAP_ ACTION TYPE:COORDINATED:.)/ UNCOORDINATED:_ (TYPE1:-TYPE2:_UNLISTED: ) REFERRED TO STIDA_,STBO�STCRR_JN_,STBT_,STEMSCDHS_,NYSDEC_.US ORPS-NYSDOT-WWA_SCPD_SCDPW_ SEQRA DETERMINATION:NEG DEC Y OR N, REFERRED NOTES APPROVAL DATE NOTES RE=ED HIGHWAY SUPERINTENDENT / / / /- FIRE COMMISSIONERS: / /� / TOWN ENGINEER: /- DEROF TRANSPORTATION:DOT DPW-, / / -/-/- SUFFOLK COUNTY DEPARTMENT OF PLANNING: / / -/-/- SUFFOLK COUNTY DEPT OF HEALTH:PERMIT#: -/-/ OPTIONAL APPROVALS: ZONING BOARD OF BOARD OF TRUSTEE'S: / / -/-/- NYS DEC WETLANDS/IIDAL / -/-/- NYS DEC SPEDSSPDES NYS NATURAL HERITAGE PROGRAM PLANNING BOARD DECISIONS: DENIED: APPROVED:_ CONDITIONAL FINAL:-/-/-. FINAL: -/-/ NOTES ENDORSEMENT OF PLAT: --- FIELD INSPECTION FOR COMPLIANCE: / /- DISTRIBUTE APPROVED PLATS TO: BUILDING DEPT_/-/-TAX ASSESSORS GENERAL NOTES: N L' 7/'29/04 This proposed minor subdivision is for 7 lots on a 52.91 acre parcel: Where Lot 1 equals 80,143 sq.ft.; Lot 2 equals 80,877 sq.ft.; Lot 3 equals 84,221 sq.ft; Lot 4 equals 29.14 acres inclusive of a 40,020 sq. ft. building envelope; Lot 5 equals 80,112 sq. ft; Lot 6 equals 80,698 and Lot 7 equals 12.17 acres. Development Rights are proposed to be sold to the Suffolk County on Lots 4 and 7 equal to 40.39 acres. PINING BOARD MEMBERS BENNETT ORLOWSKI,JR. p�pS�FFO��. Chairman WILLIAM,I, CREMERS y� Town Hall,53095 State Route 2 KENNETH L.ED y P.O. Box 1179 GEORGE RITCLARD CE LATHAM JR • Southold, New York 11971- RICHARD CAGGIANO Telephone(631) 765-1 93896, U r _2 36 PLANNING BOARD OFFICE MAR 2 3 2004 D TOWN OF SOUTHOLD Southold Town Subdivision A pplication Form Name of Subdivision: Conservation Subdivision Oregon LLC Minor Subdivision Suffolk County Tax Map # 1000- 83-02-11.5 Type of Subdivision: Major or Set-Off Lot-Line Cluster Subdivision: Ye§� No Hamlet: Cutchogue Street Location: Oregon Road, Cutchogue Acreage: 524,629 s q.ft. NumberofLOts: 3 Lots (2 residential lots & 1 k "development rights sale Zoning District: AC Date: March 22, 2004 Please list name, mailing address, and phone number for the people below: Applicant: Oregon LLC Agent handling the application: Patricia C. Moore Esq (Contact Person) 51020 Main Road Southold, NY 11971 765-4330 fax 765-4643 Property Owner(s): Oregon LLC P-0-Box 1789_ Cutchogue NY 11935 Surveyor: Joseph Ingegno P.O.Box 1931 Riverhead, NY 11901 727-2090 Engineer: Attorney: Patricia C. Mdore 51020 Main Road Southold, NY 11971 765-4330 Other Agent(s): Has this property had a previous application to the Planning Board? Yes N: ) 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 No Appl. No. Date Is this property adjacent to any bodies of water? Yes No 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 C i t3 D) Is the majority of the property forested? Yes Ido' Is any part of the property in active agricultural use? Yes 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 MottFIL L.LC - Does the owner own any adjacent properties? SA-wxe mp,n�,at> - Are there any building permits currently pending on this property? Yes No Signature of Preparer% --_ Date 3-,2;-2-oZ • 6IZ20 • Appendix A State Environmental amft 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 informatign recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magniti 5e 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 un 6G c / /r/o✓ic�i CG '�/ v Name of Action�i (� la4ol Sd_UA0 . 0/c ➢14,1,1 04/I Name of Le6d Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer nature of R ponsible Officer in Lead Agency Signature of Pry rer (If differefit from responsible officer) Date Page 1 of 21 I , Oregon LLC, owner of the prooperty at Oregon Road, Cutchogue,NY bearing SCTM # 1000-83-02-11.5 , hereby authorize Patricia C. Moore to act as my agent and handle all necessary work involved in the subdivision process with the Southold Planning Board. Oregon LLC Signature,t�- —� Louis Corso, Managing Member Sworn before me this 22nd day of March, 2003 No�ublic MARGARET C. RUTKOWSIO Notary Punoc, State 28� � Y oualified in Suffolk 7 Commission DO=JuM 3,,.��O PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant e on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consic as partof the application for approval and may be subject to further verification and public review. Provide any addit information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not im new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and sp each instance. NAME OF ACTION 00C&Z'O/✓ L LL LOCATION OF ACTION(Include Street Address, Munlclpallty and County) pe,ez,onr 2ca4n, GUTr/tobU� NAME OF APPLICANTISPONSOR - BUSINESS TELEPHONE _. ADDRESS STATE LP CODE C�r�NoocsC7 NAME OF OWNER of different) - BUSINESS TELEPHONE ADDRESS STATE LP CODE CITY" DESCRIPTION OF ACTION - f��l�£c.t7/�A"I OF Z 1cD7- /�no S tl E o F,OGVtZbPm�-t/T X601-3 . Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: - Olhban ❑Industrial OCommerc)ai OResidential(suburban) ORural(non OForest %kgriculture . OOther 2. Total acreage of project area: /0' 01? acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETI Meadow or Brushland (Non-agricultural) acres at Forested acres at Agricultural (Includes orchards, cropland, pasture, etc.) 2_ acres ._z--- a4 Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres a' Water Surface Area acres — a' Unvegetated (Rock, earth or fill) acres - a Roads, buildings and other paved surfaces acres a Other (Indicate type) acres a 3. What is predominant soil type(s) on project site? a. Soil drainage. OWeli drained !do % of site ❑Moderately well drained % of site OPoorly drained % of site b. If any agricultural land Is involved, how many acres of soli are classified within soil group 1 through 4 of tl Land Classification System? 1-4- acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes ONo a. What is depth to bedrock? /V/14 pn feet) 2 S. Approximate percentage of proposed project site with slopes: 00-10% 100'� % 010-15% g 015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nationa Registers of Historic Places? OYes *0 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes �Jdm' 8. What is the depth of the water table? 'LYc' (in feet) 9. Is site located over a primary, principal, or sole source aquifer? $Yes ONO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes j29No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered OYes $ANo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations OYes t6No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area OYes 17p-iNo If yes, explain . 14. Does the present site include scenic views known to be important to the community? OYes (ONo 46j&cacLmee- 15. Streams within of contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: 4/�jj a. Name b. Size (In acres) 17. Is the site served by existing public utilities? OYes NNo a) If Yes, does sufficient capacity exist to allow 4onnection? OYes ' ONO b) If.Yes, will improvements.be necessary to allow connection? Yes ONO 18. Is the site located in an a ricultural district certifled ,pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 304? gYes ONO 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? OYes PNo ' 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes )RNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor �Z acres. b. Project acreage to be developed: `�acres initially; AM acres ultimately. c. Project acreage to remain undeveloped w acres. d. Length of.project, in miles: (If appropriate) e. 'If the project Is an expansion, indicate percent of expansion proposed %; I. Number of off-street parking spaces existing All,+ ;.proposed g. Maximum vehicular trips generated per hour N/R (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately �- 1. Dimensions (in feet) of largest proposed structure d-2 height; '9- 110 width, to (00 length. j. Linear feet of frontage along a public thoroughfare project will occupy Is? qN ft. 3 2. How much natural material (i.e., rock, earth, etc.) will be removed f the site? tons/cubic yard; 3. Will disturbed areas be reclaimed? OYes ONO */A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Oyes ONO c. Will upper subsoil be stockpiled for reclamation? OYes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed•from site? 7 acres. 5. Willany mature,forest(over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes '"No _. 6. If single phase project: Anticipated period of construction Z months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Oyes ONO 8. Will blasting occur during construction? OYes '�ANo 9. Number of jobs generated: during construction /o ; after project is complete 10. Number of jobs eliminated by this project a 11. Will project require relocation of any projects or facilities? OYes PWo If yes, explain 12. is surface liquid waste disposal involved? OYes �No ---_-- a. if yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged nn�.✓a.r Sall, Qnr L h omes 13. Is subsurface liquid waste disposal involved? Yes ONO Type %r _.T14. Will surface area of an existing water body increase or decrease by proposal? OYes , )RINo Explain 15. Is project or any portion of project located in a 100 year flood plain? Oyes XNo 16. Will the project generate solid waste? )MYes ONO rr a. If yes, what is the amount per month tons - a....e4...4a-� b. If yes, will an existing solid waste facility be used? PYes ONo p7Zf{D6UE c If yes,.give name !!50L_' rte !Y? 9a^,vJT= �Mi7M , location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? . OYes �No e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes *0 a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. /vD 0,rn9-- 18. Will project use herbicides or pesticides? PlPYes ONO — A&94CVt-M �2.9CrlLr3 19. Will project routinely produce odors(more than one hour per day)? OYes 96 20. Will project produce operating noise exceeding the local ambient noise levels? Oyes "No 21. Will project result in an increase in energy use? JxYes ONO If yes., indicate type(s) Z 1&5'Aen«s — 22. If water supply is from wells, indicate pumping capacity. NobP 116 gallons/minute. 23. Total anticipated water usage per day 5`00 ' gallons/day. 24. Does project involve Local, State or Federal funding? Oyes *0 If Yes, explain 4 ' 25. Approvals Required: - Submitl. Type Date City, Town, Village Board s City, Town, Village Planning Board Yes ONo I Urs/b-Yu 3Z2n City, Town Zoning Board ❑Yes wo City, County Health Department *o Yes ONo 8 �� Other Local Agencies Dyes KNo Other Regional Agencies )4Yes ONo SF>1cE OF ��►/.t'lGfJ75— �gp T State Agencies ❑Yes ONo Federal Agencies ❑Yes ❑No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? Yes ONo If Yes, indicate decision required: Ozoning amendment Ozoning variance ❑special use permit subdivision Osite plan Onew/revision of master plan Oresource management plan Oother 2. What is the zoning classification(s)of the site? AO ` �2 ALt� 3. What is the maximum potential development of the site if developed as permitted by the present zoning? LlJ 75 4. What Is the proposed zoning of.the.site? Z fC4-e 5. +What is the maximum potents I development of the site if developed as permitted by the proposed zoning? Low 6. Is•the proposed action consistent with the recommended uses in adopted local land use plans? oyes 1 7. What are the predominant land use(s) and zoning classifications within a '/ mile radius of proposed action? 2Qs�ale-;arS� — -Az�n�uffv�a� 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/ mile? ! .[es ( 9. If the proposed action is the subdivision of land, flow many lots are proposed?. 67— a. What Is the minimum lot size proposed? 8(0 ovo f 10. Will proposed action require any authorizations)for the formation of sewer or water districts? Oyes [ 11. Will the proposed action create a demand for any community provided services (recreation, education, po fire protection)? )byes ❑No a. If yes, is existing capacity sufficient to handle projected demand? PYes ONo 12. Will the.proposed action result in the generation of traffic significantly above present levels? Oyes' a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any ad% impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigat avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. APPlicant/Sponior /P vn GLS Date -3------------- tea 27� Signature Title If the act on is in the Coastal Area,and you are a state agency,complete the Coastal Uessment form before procee with this assessment. 5 AI`1`f.ICAN'G TRANSACTIONAL, DISCLOSURE FOItH- The Town of Southold's Code of Ethicspro 6l bits conflicts of nterest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conf l7cts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAHR: to h LL(' (Last nalini, first. name, middle Initial, -unless YOU are applying in .the name of someone eine or - other entity, such as a company. If so, -Lultcate the other person's or company`s name. ) NATURE OF APPLICAT.rON: (Check all that apply. ) 'fax grievance - variance Change of ione Approval of plat Exemption from plat or ofrictat map,_ Other (If "Other," name the activity. ) Do you personally (or through your company, spouse, sibling, parent, or child) have arelationship with any officer or , employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "nusineen interest" means a business, Including a partnership, tit . . which the town officer or 'employee Ilan even a partial ownership of (o r employment by) a corporatlon in which the town officer Oe employee owns more than 5% or the — shares. YESNO _X _ If you answered 'YES," complete the balance of this .form and 'date and sign mho re indicated_ . Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (tileapplicant)and the town officer or. employee. Either check the appropriate line A) through O) and/oc describe ,in the space provided. The town officer or employee or Ills or her spouse, sibtlnq, .parent, or child is (check all: that apply) , - A) the owner of greater - titam •S% of the shares of the corporate. stock of tile applicant (whenAhe applicant . to a corporation.); S) the legal or beneficial owner of any interest Io a . noncorporate entity (when the applicant is not a corporations C) an officer, director, partner, Or employee of the applicant; or O) the actual applicant. DESCRIPTION OF RRI,ATIONSI1il` Suhmltted .thIR _ da of 199 Signa 1`r lnl: name - • • MAILING ADDRESS: PLANNING BOARD MEMBERS �q soar P.O. Box 1179 JERILYN B.WOODHOUSE �Q� y�j_ Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS H Town Hall Annex MARTIN H.SIDOR G @ 54375 State Route 25 GEORGE D.SOLOMON JOSEPH L. TOWNSEND ly (cor. Main Youngs Ave.) COU�,� Southold, NY d, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: September 28, 2006 Re: Checks Enclosed herewith are the checks listed below. Please return a receipt to us. Thank you. Project Name & Type Tax Map # Amount Date of Check Mark Baxter Stand. Sub. 78-7-5.3 $7,000. P & P 3/6/06 Shinn Vineyard SP 100-4-3.1 $1,500 app fee 8/10/06 North Fork Foster Sites 96-1-1.5 $2,500. sketch 8/17/06 Std. Sub. Sandy Ground LLChan e 63-4-5.1 $500 app fee 8/29/06 FI Community Center SP 12-1-5.1 $1,000 app fee 5/1/06 Ovlasid Subdiv. 89-3-1.1 $3,250 app fee 9/13/06 Cutchogue/New Suffolk 109-6-2.2 $1,000 app fee 9/14/06 Free Library 5P Orlowski Hardware SP 140-3-3.4 $500 app fee 8/25/06 Wexler, Allan & Ellen Sub. 79-8-18.1 $1,750 app. 9/20/06 Oregon/Morrell Subdiv 83-2-11.5 $17,500 P&P 9/28/06 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 04/29/04 Receipt#: 89968999 Transaction(s): 1 Application Fees Subtotal $2,500.00 Check#: 8996.8999 Total Paid: $2,500.00 D C� � ot-�-E� APR 3 0 Southold Town Planning Roam LLC- - Name: More, Realty Management Corp Po Box 1289 Cutchogue, NY 11935 Clerk ID: BONNIED Internal ID:93086 • Arr PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax:(631)765-4643 November 16, 2006 Jerilyn B. Woodhouse, Chairperson Planning Board, Town of Southold Main Road, PO Box 1179 Southold NY 11971 Attn: Anthony HAND DELIVERED RE: CONSERVATION SUBDIVISION OF OREGON LLC AND MORELL LLC SCTM: 1000-83-2-11.5 & 12 Dear Anthony: With reference to the above and pursuant to your Board's resolution dated October 16, 2006, please be advised that the subdivision map was filed on November 14, 2006 at 10:40 a.m. as Map Number 11463. 1 am enclosing the recorded Covenants & Restrictions with Easement. As soon as we have a copy of the filed map, we will provide same to you. Thank you and please do not hesitate to contact the undersigned should you have any questions. Ve yours, ricia C. Moore PCM/bp I Nov 2 0 encls. C: Mr. Louis C. Corso, Managing Member, Oregon LLC & Morell LLC i - #8060 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Joan Ann Weber 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 weeks, commencing on the 5th day of October 2006. 1011, Principal Clerk Sworn to before me this day of 2006DR STIN�K�""`� NOTARY PUBLIC-STATE OF NEW YORK No. ol-V06105050 Qualified In Suffolk County commlellon Expitea February 28. 2006 6:00 pm.Proposed conservation sub- in Laurel, Town of Southold, County division for OregoriuC/Morre0 LLC, of Suffolk,Safe of New lfof[tt.Suffolk. located on the n/slo fire on Road at the Coun fa2�1: [O�n{tUms.of;eoxwT�pe 'Cufdlf�eC3&jys , ..:: Town of SoutFio7i,Y.'nunty of Su$olk, pm, Proposed enservation State of New York. Suffolk County Tax subdivismis for,Randy Shur,located at Map Numbers 1000;$3.-2-11.5&12. the terminu$ of Sound Yeiti_Avenue, fsio for Prop.okedconservacate on e/o Saltaire Way in Mattituck,Town of LEGA efic HOC thq division for Read,approcated on Notlee d PabSc Hem the,a/do,Oregon Road,approximately Southold„ County of Suffolk;$tate of NOTICE IS HB - New York. Suffolk County Tac Map A&8Y Of the that, Tow cob Southold, Alvah's Lane, in Ctittchogue, Number 1000-94-3-1.6. pursuant to odeSecof he T of foie.Town ;Town of SpuYork.'County of Suffolk, Law of the Code of the Town of South- State of New Yotk.-vtitffo@ County Tax Dated: 10/3/06 old,a public bearing will be lieldby the Map Number 1000-95-1-5. BY ORDER OF THE SOUTHOLD Southold Town Planning Board,at the , 6;10 p4n. Proposed conservation TOWN PLANNING BOARD Town Hall,Main Road,Southold,New subdivi for 1M Young et al., Jerilyn B.Woodhouse York on the 160 day of ocwb%]006 located on the alsfe Road, ap- chw4 srsm on the question of the following: Proximately 1,422 feet e/u-Aldrich Lane 8060-1T 1015 s� PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 OctoberJ3„2006 �.^�- Planning Board Town of Southold Main Road PO Box 1179 Southold NY 11971 RE: OREGON LLC/MORELL LLC PROPERTY ADDRESS: OREGON ROAD, CUTCHOGUE SCTM: 1000-83-2-11.5 8[ 12 HEARING DATE: MONDAY, OCTOBER 16, 2006 Dear Anthony: With reference to the above, enclosed please find affidavit of posting together with green certified mail receipt cards received as of date. Thank you. i Ve tr yours, --"- 4.Restrictetl Delivery? 3.service Type PATRICIA C• MOORE CERTIFIED (6x[raFee) QYBS C. MO re 51020 MAIN ROAD SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 0000 2410 e . n tur ❑Addressee or El Agent) II 1111111111tIIIIIIII A. SI III II'���I X 92 6463 3110 0000 2410 B. a lved�>,BY:: (Please PP,nnt clearly) 7�' i on "✓ 1, Article Addressed To: i C.Date of Delivery I / 0 — €€IB FINES LLC II .wers.nmd D.Addressee's AddressfnolmnMF q°” PO BOX 907CUTCHOGUE NY 11935 Saeo.A.rysuonn I Solis TML 1 Fluor(Plseia Rind CleedYl IDelivery Pdtlrees LP H Cod. - CITY .. ........ ------.. Slate........... .. .... I. PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN OREGON LLC/MORELL LLC POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-83-2-11.5 & 12 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, LOU i S C Coeb� , residing at w York, being duly sworn, depose and say that: On they of 2006, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be on Monday, October 16, 2006. Sy�(( !n to befoKaCDW ret�a this l - 2006. 4-- otary Pu is WW A PERKM9 Malty Puwa 9W"of NOW Y40b No.01 PE 8190638 cmw0000 EYPM duly l = 'near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C. MOORED ) Attorney at Law ) 51020 Main Road / J Southold,New York 11971 �✓ Tel: (631)765-4330 Fax: (631)765-4643 October 4, 2006 i Attn: Anthony FF Planning BoardTown of Southold - 6 2006 Main Road PO Box 1179 - J Southold NY 11971 RE: OREGON LLCIMORELL LLC .. �. PROPERTY ADDRESS: OREGON ROAD, CUTCHOGUE SCTM: 1000-83-2-11.5 & 12 HEARING DATE: MONDAY, OCTOBER 16, 2006 Dear Anthony: With reference to the above and supplementing my letter to you of September 28, 2006, enclosed please find a certified copy of the recorded C & R's per your request. Thank you. Ve ruly yours, , Patricia C. Moore PCMLencls. C: Mr. Louis Corso, Managing Member PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 , Fax: (631)765-4643 Octbber'3, 2006 Planning Board f' OCT I Town of Southold Main Road PO Box 1179 Southold NY 11971 Y RE: OREGON LLC/MORELL LLC PROPERTY ADDRESS: OREGON ROAD, CUTCHOGUE SCTM: 1000-83-2-11.5 & 12 HEARING DATE: MONDAY, OCTOBER 16, 2006 Dear Sir or Madam: With reference to the above, enclosed please find affidavit of mailing together with certified mail receipts. Thank you. tr ly yours, Patricia C. Moore PC by encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 October 3i 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: PROPOSED SUBDIVISION; OREGON LLC AND MORELL LLC PROPERTY ADDRESS : OREGON ROAD, CUTCHOGUE SCTM: 1000-83-2-11 . 5 & 12 Dear Neighbor : I represent Oregon LLC and Morell LLC with regard to the above-referenced property. The Southold Town Planning Board has scheduled a final public hearing for plat approval for a conservation subdivision of a 52 . 91 acre parcel into eight lots . I am enclosing a copy of. the Notice . The full subdivision map is available at the Planning Board office between 8 : 00 and 4 : 00 p.m. The hearing on this matter has been scheduled for Monday, October 16, 2006 at 6 : 00 p.m. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . yeFy tru y yours, Ltricia C . Moore PCM/bp encls . OREGON LLC/ MORRELL LLC CONSERVATION SUBDIVISION � 1000 -83 -2 - 11 . 5 & 12 Proposal is for a conservation subdivision of a 52.91 -acre parcel into eight (8) lots in the A-C Zone. MONDAY, OCTOBER 16 , 2006 - 6 : 00 P . M . 0 PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK -------------------------------------------------x In the Matter of the Application of AFFIDAVIT OREGON LLC/MORELL LLC OF (Name of Applicant) MAILINGS CTM Parcel #1000-83-2-11.5 & 12 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: - On the 3RD day of October, 2006, I personally mailed at the United States Post Office in Southold, 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 ( X ) Assessors, or ( ) County Real Property Office for every property whwpbuts and is acr a public or private street, or vehicular right-of-way of record, sur o ding the applic nY property. Signature) BETSY PE I Sworn to before me this '�Tff p� day of October, 2006. (Notary Public) MARGARET O. RUTKOWSIO Notary Public,State of New York No. 4882528 Qualified in Suffolk OounV Wmrniasion Expires June S,�_o07 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. RECEIPT RECEIPT I RECEIPT 71926463311000001373 7192 6463 3110 0000 2380 I 7192 6463 3110 0000 2397 I RECEIPT FROM: FROM: FROM: 7192 6463 3110 0000 202 Patricia r I Patricia C.Moore I Patricia C.Moore I FROM: RE: VO Y �1 RE: I REI Patticia C.Moore ZO B j I I I RE: I SE ��y�1( s A I SEND TO: SEND �,0 NY-' � KAUFMAN LOUIS SU Y 17 I TIM TEELEa �A�\ t y 2 H STREET ' I CO UE NV 11935 �j I C3 G EONY ODA 1 I U J6N NE VOR 'rte Uf ,�FEES: FEEQCI FEES:Postage 0.39 Poa��� 1?�g I Postag P I Certified Fee 2.40 CedlfedF Cartrfetl US 40 0.39 Return Receipt 1 Pi Return Receipt UgQ'.,5 I Return Receipt 1 P5 4'a5 r 240 Restricted Restricted Restrictetl I 1,85 TOTAL $4.u% TOTAL $4.64 i TOTAL $46 I Restricted TOTAL $4.64 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE: POSTMARK OR DATE I � I I RECEIPT RECEIPT i I 7192 6463 3110 0000 2410 I 7192 6,R3 3110 0000 2427 RECEIPT 7182 6463 3110 OOOC 2434 RECEIPT FROM: FROM: 7192 6463 3110 OOOP 2441 Patricia C.Moore Patricia C.Moore FROM: FROM: RE: RE: I Patricia C.Moore RE. Patricia C.Moore I I RE: SEN " N y SEND TO: � � �'Y 1� S LLC �j G ``i.. SEND N 9) SEND TO: CHOGUE Ny,��OX 907 �j I HOGUE N ' ,' PO 24NO g RESOU 59; I THOMAS&KAFEEM%LINGEH N �3 CW' I 3 s r LO Nv'�9 ; (stri Y7 lA FEES. ,I r FEES. y I F PQsta9 C> ge u.4" Q Ca d F41 SP �ied Fee 5 2.a[ I Posta Return Lc.. `-Retur Q 1.85 Cedifietl Fee,Restrictetl Resocted ReWrn Receipt"-' •.��.RestrictetlfTOTAL $4.C4 TOTAL $4.64 9 _ TOTAL $4.@4 TOTALS US - POSTMARK OR DATE POSTMARK OR DATE ��- -" POSTMARK OR DAT: i POSTMARK OR DATE � I I � I OREGON LLC/MORELL LLC NEIGHBOR MAILING LIST SCOTT KAUFMAN LEIB FINES LLC 249 E. 48T" STREET PO BOX 907 NEW YORK NY 10024 CUTCHOGUE NY 11935 SCTM: 1000-83-2-7.3 SCTM: 1000-83-3-2.1 LEIB FINES LLC LOUIS C. CORSO PO BOX 907 PO BOX 1044 CUTCHOGUE NY 11935 CUTCHOGUE NY 11935 SCTM: 1000-83-3-2.2 SCTM: 1000-83-2-11.2 LOUIS C. CORSO GREGORY BOYD PO BOX 1044 PO BOX 413 CUTCHOGUE NY 11935 CUTCHOGUE NY 11935 SCTM: 1000-83-2-11.13 SCTM: 1000-83-3-3.1 TIMOTHY STEELE NORTH FORK RESOURCES INC. 13795 OREGON ROAD PO BOX 1248 CUTCHOGUE NY 11935 SOUTHOLD NY 11971 SCTM: 1000-83-2-10.16 SCTM: 1000-83-3-4.6 TIMOTHY STEELE 13795 OREGON ROAD CUTCHOGUE NY 11935 THOMAS & KAREN UHLINGER SCTM: 1000-83-2-10.18 PO BOX 1025 CUTCHOGUE NY 11935 DAVID AND STEVEN ZUHOSKI SCTM: 1000-83-3-7.1 3870 BRIDGE LANE CUTCHOGUE NY 11935 SCTM: 1000-83-2-13.6 DAVID AND STEVEN ZUHOSKI 3870 BRIDGE LANE CUTCHOGUE NY 11935 SCTM: 1000-83-2-13.8 v • MAILING ADDRESS: PLANNING BOARD MEMBERS �pF so • P.O. Box 1179 JERILYN B.WOODHOUSE ��� �j_ Southold, NY 11971 Chair y OFFICE LOCATION: KENNETH L. EDWARDS y Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON JOSEPH L.TOWNSEND (cor. Main Rd. &Youngs Ave.) COU rtH N�` Southold, NY 111, 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 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 16th day of October, 2006 on the question of the following: 6:00 p.m. Proposed conservation subdivision for Oregon LLC/Morrell LLC, located on the n/s/o Oregon Road at the terminus of Cox Lane in Cutchogue., Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-83.-2- 11.5 & 12. 6:05 p.m. Proposed conservation subdivision for Luigi Badenchini, located on the n/s/o Oregon Road, approximately 135' w/o Alvah's Lane, in Cutchogue., Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-95-1-5. 6:10 p.m. Proposed conservation subdivision for J.Myron Young et al., located on the n/s/o Main Road, approximately 1422 feet e/o Aldrich Lane in Laurel., Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-125-1-6.3 & 6.4. 6:15 p.m. Proposed conservation subdivision for Randy Shur, located at the terminus of Sound View Avenue, e/o Saltaire Way in Mattituck., Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-94-3-1.6. Dated: 10/3/06 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, October 5, 2006 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Randolph, Linda From: JOAN ANN [aweber@timesreview.coml Sent: Tuesday, October 03, 2006 10:09 AM To: Randolph, Linda Subject: Re: legal ad for 10/5 edition Received! Joan Ann ----Original Message---- From: Randolph Linda To: iaweber timesreview.com Sent: Tuesday, October 03, 2006 9:00 AM Subject: legal ad for 10/5 edition Joan Ann, Please publish the attached legal notice of the October 16 Planning Board Public Hearings, and send confirmation of receipt. Thank you, Linda 10/3/2006 • • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF SUUjP.O. Box 11 79 y Southold, x 1 111 971 JERILYN B.WOODHOUSE Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDORG . �� 54375 State Route 25 GEORGE D.SOLOMON ' (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND l�co 1,� 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 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 16th day of October, 2006 on the question of the following: . 6:00 p.m. Proposed conservation subdivision for Oregon LLC/Morrell LLC, located on the n/s/o Oregon Road at the terminus of Cox Lane in Cutchogue., Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-83.-2- 11.5 & 12. 6:05 p.m. Proposed conservation subdivision for Luigi Badenchini, located on the n/s/o Oregon Road, approximately 135' w/o Alvah's Lane, in Cutchogue., Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-95-1-5. 6:10 p.m. Proposed conservation subdivision for J.Myron Young et al., located on the n/s/o Main Road, approximately 1422 feet e/o Aldrich Lane in Laurel., Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-125-1-6.3 & 6.4. 6:15 p.m. Proposed conservation subdivision for Randy Shur, located at the terminus of Sound View Avenue, e/o Saltaire Way in Mattituck., Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-94-3-1.6. Dated: 10/3/06 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York, being duly sworn, says that on the 3rd day of October, 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. 10116/06 Special Meeting: 6:00 p.m. Public Hearing for the proposed conservation subdivision for Oregon LLC/Morrell LLC — SCTM#'s1000-83.-2-11.5 & 12. 6:05 p.m. Public Hearing for the proposed conservation subdivision for Luigi Badenchini — SCTM#1000-95-1-5 6:10 p.m. Public Hearing for the proposed conservation subdivision for J.Myron Young et al. — SCTM#'s1000-125-1-6.3 & 6.4. 6:15 p.m. Public Hearing for the proposed conservation subdivision for Randy Shur— SCTM#1000-94-3-1.6. (;� Linda ndolph Secretary, Southold Town Planning Board Sworn to before me this day of `l , 2006. BARBARA ANN RUDDER Notary Public,State of New York No.4855805 Qualified in Suffolk Coun Commission Expires April 14ty,�I d Notary Public MAILING ADDRESS: PLANNING BOARD MEMBER rjF so • P.O. Box 1179 JERILYN B.WOODHOUSE h0V` Old Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR G • 54375 State Route 25 GEORGE D. SOLOMONOl (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND �C�U911 Southold, NY Telephone: 631 765-1938 Fax: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 2006 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Conservation Subdivision of Oregon LLC/Morrell LLC Located on the north side of Oregon Road, at the terminus of Cox's Lane, in Cutchogue SCTM#1000-83-2-11.5 & 12 Zoning: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, September 11, 2006, adopted the following resolution: WHEREAS, the proposed action will subdivide a 52.91 acre parcel, inclusive of SCTM#1000-83-2-11.5 and SCTM#1000-83-2-12, into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 29.14 acres which includes 28.22 acres proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 12.17 acres and is proposed for a Development Rights Sale to the County of Suffolk; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the plat dated as last revised on June 30, 2004; and WHEREAS, the Southold Town Planning Board granted conditional preliminary approval by resolution dated November 9, 2004 on the plat dated June 30, 2004; and WHEREAS, on June 15, 2006 the applicant submitted five (5) mylars and eight (8) paper prints of the final plat prepared by Joseph A. Ingegno, L.S. February 26, 2004 and last revised February 21, 2006; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, October 16, 2006 at 6:00 p.m. for a final public hearing on the maps prepared by Joseph A. Ingegno, L.S. February 26, 2004 and last revised February 21, 2006. Oregon Morrell Page Two September 12, 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, October 13F�-.-The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, 2eri� B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordination Elizabeth Neville, Town Clerk mae 1.9A ':'A 4.5A 0.16 g 11.12 4LOA 3.6A CNTY OF SLAFFOLK 3& OAJ MILLDP�MT PwTSI SET 7.3 10.17 MAIO) 2.0A N — O 11.5 is L) 11B 37.SA "y- 13.7 OF UFFOLK Ahoy IiJ tj 7, CNI�l 16 30LAI -—-------- 3 17.1 25JA 3-3 3 - 3- FOR PCL NO. • SEE SEC:NO. 096-01-017.5 - ---------------23 396 6W LINENE 27 WON SEE SEC.NO.095 OTICE COUNTY F SUFFOLK 0 CK SOUTHOLD SECTION NO N Y Red Property Tax Servlce Agency .. 1, .1VATE.AKE,ALTE"TIM ..OF ^M v 083 - 'I....B TON OF AN''OPTION -- 1: C�ty Curter WTI N Y 11901 m 'IJEM COON T'T"All IS C.S. I * . SCALE IN FEET: — 11THOJI NIT T .11.OF THE A .. .. MEW NO 1000 PROPERTYMMP MAL PUPFPT�I`Tlx SEP.0 eUK, CNYER"DATE: .on 20.1154 Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#'s1000-83-2-11.5 & 12; 3. That the property which is the subject of this application is located in the Agricultural-Conservation A-C Zone; 4. That this proposal is for a Conservation Subdivision of a 52.91-acre parcel, inclusive of SCTM#1000-83-2-12 and SCTM#1000-83-2-11.5, into eight (8) lots, where Lot 1 equals 80,143 square feet, Lot 2 equals 84,221 square feet, Lot 3 equals 80,195 square feet, Lot 4 equals 1,239,745 square feet proposed for Development Rights Sale to Suffolk County, Lot 5 equals 80,103 square feet, Lot 6 equals 81,283 square feet, Lot 7 equals 508,119 square feet proposed for Development Rights Sale to Suffolk County, and Lot 8 equals 40,020 square feet.. The property is located on the north side of Oregon Road, at the terminus of Cox's Lane in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631) 765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday October 16 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: Oregon LLC/Morrell LLC Date: 9/17/06 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., 10/13/06 Re: Proposed Conservation Subdivision of Oregon LLC/Morrell LLC SCTM#'s: 1000-83-2-11.5 & 12 Date of Hearing: Monday, October 16, 2006. 6:00 p.m. ' OREGON LLC/MORRELL LLC � CONSERVATION SUBDIVISION � 1000 -83 -2 - 11 . 5 & 12 Proposal is for a conservation subdivision of a 52.91 -acre parcel into eight (8) lots in the A-C Zone. MONDAY, OCTOBER 16, 2006 - 6 : 00 P . M . � • MAILING ADDRESS: PLANNING BOARD MEMBER P.O. Box 1179 JERILYN B.WOODHOUSE �OF so�lyo� Southold,NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR u> >e 54375 State Route 25 GEORGE D.SOLOMON JOSEPH L. TOWNSEND '�� �O (cor. Main Rd. &Youngs Ave.) IyCow,�� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Patricia C. Moore, Esq. 631-765-4643 (fax) From: Anthony Trezza, Sr. Planner Date: August 23, 2006 Re: Conservation Subdivision of Oregon LLC/Morrell LLC 1000-83-2-11.5 & 12 Please add the following clauses to the to the Declaration of Covenants and Restrictions: 1. No further subdivision of Lots 1, 2, 3, 5, 6 and 8 in perpetuity. 2. No changes to any of the lot lines without approval of the Town of Southold Planning Board. 3. In the event that the Development Rights Easement sale is not completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board's approval of the subdivision shall not longer be valid. 4. The Town of Southold Building Department shall not issue building permits for any of the lots on the approved subdivision map until the Development Rights Easement sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement submitted to the Town of Southold Planning Department. In addition, please submit the following additional items in order to obtain final approval: 1. Request for an extension of time for preliminary approval, which expired on May 9, 2006. 2. Final application form. 3. Copy of the filed Declaration of Covenants and Restrictions (with the above-referenced revisions). 4. Documentation which establishes the ownership of the road. 5. Copy of the filed Road and Maintenance Agreement. 6. Park and Playground Fee in the amount of$17,500. We are anticipating scheduling the final public hearing for October 16, 2006 at the Board's regular meeting on September 11, 2006. At minimum, please submit the final application form and the extension of time request before the Planning Board's work session on Monday, August 28, 2006. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Betsy Perkins Secretary June 15, 2006 � .•�+^'�' f�Y Southold Town Planning Board = Town Hall D �" 53095 Main Road 5 2006 P.O.Box 1179 JUN Southold, NY 11971 Att : Anthony Trezza Re : Conservation subdivision Oregon LLC/Morell LL SCTM#1000-83-02-11 . 5 & 12 Dear Anthony: Enclosed please find 5 mylars and 8 prints of the Health Department approved conservation map. The Covenants & Restrictions were previously submitted to you, please advise me if there is anything else you need. Thank you for your continued courtesies . Very-tr yours, Patricia C. Moore PCM/mr Encls . cc: Mr. Corso PATRICIA C. MOORE s il b Attorney at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Betsy Perkins Secretary December 21, 2005 Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 Att : Anthony Trezza Re: Conservation subdivision Oregon LLC/Morell LLC SCTM#1000-83-02-11 . 5 & 12 Dear Anthony: In accordance with our previous conversation, enclosed is a print of the revised subdivision plan. I have submitted it also to the Health Department for their review and approval . Thank you for your continued courtesies . V � 1,/ P icla C . Moore PCM/mr Encls . cc : Mr. Corso DEC MAILING ADDRESS: PLANNING BOARD MEMBEV erg SOUry h 1d,ox 1179 11971 JERILYN B.WOODHOUSE Sout 0� Q Chair y OFFICE LOCATION: WILLIAM J.CREMERS T Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON li�'co'nM Southold, NY 1!111`� Telephone: 631765-1938 Fax: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Patricia Moore, Esq. From: Anthony Trezza, Sr. Planner Date: December 19, 2005 Re: Conservation Subdivision of Oregon LLC/ Morrell LLC 1000-83-2-11.5 & 12 As requested, I have reviewed the draft Declaration of Covenants and Restrictions and the final map for the above-referenced property. The following additional clauses are required: 1. No further subdivision of Lots 1, 2, 3, 5 & 6 in perpetuity. 2. No changes to any of the lot lines without approval of the Town of Southold Planning Board. 3. In the event that the Development Rights Easement sale is not completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement submitted to the Town of Southold Planning Department, then, in such event, the Planning Board's approval of the subdivision shall not longer be valid. 4. The Town of Southold Building Department shall not issue building permits for any of the lots on the approved subdivision map until the Development Rights Easement sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement submitted to the Town of Southold Planning Department. In addition, add a statement to paragraph 11 that requires a public hearing in addition to a majority plus one of the members of the Planning Board. If you have any questions or need additional information, please feel free to contact this office. MAILING ADDRESS: PLANNING BOARD MEMBESP.O. Box 1179 JERILYN B.WOODHOUSE O��QF �OUryOI Southold, NY 11971 Chair Q y OFFICE LOCATION: WILLIAM J.CREMERS T Town Hall Annex KENNETH L.EDWARDS H Q 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMONCOw Southold, NY I 111 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Conservation Subdivision of Oregon LLC/Morrell LLC Located on the north side of Oregon Road, at the terminus of Cox's Lane, in Cutchogue SCTM#1000-83-2-11.5 & 12 Zoning: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, December 12, 2005, adopted the following resolutions: WHEREAS, the proposed action will subdivide a 52.91 acre parcel, inclusive of SCTM#1000- 83-2-11.5 and SCTM#1000-83-2-12, into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 29.14 acres which includes 28.22 acres proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 12.17 acres and is proposed for a Development Rights Sale to the County of Suffolk; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the plat dated as last revised on June 30, 2004; and WHEREAS, the Southold Town Planning Board granted conditional preliminary approval by resolution dated November 9, 2004 on the plat dated June 30, 2004; and WHEREAS, in a letter dated December 6, 2005, the applicant has requested an extension of time in order to obtain Health Department approval and meet the conditions of conditional preliminary approval; be it therefore, RESOLVED, that the Planning Board grant an extension of time for preliminary plat approval effective from May 9, 2005 until May 9, 2006. Please contact this office if you have any questions regarding the above Very truly yours, Jerilyn B. oodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator Dec 06 05 03: 12p Moore Law Office 031 765 4643 P. 1 PATRICIA C. MOORE Attorney at 1_aw 510'_0 Main Road Sontlwld.N.Y. 11952 Tel (631) 76543:70 Fax:(63=.)765-463? Margaret Rutkowski Bell y PC"rUru Secwtmv December 6, 2 05 Pis. Jeri Woodhouse, Chairgomvn Southold Tow-n Planning Board Town; hall 5309` Main Road P.o.Box 1175 Southold, NY 11.9`71 Att. Anthony Trezzc. tBY FAX) Re.: Ccnsc'rvat'�oa subdiGisier. Dregon LLC/Morell LLC SCTN1#1000-83-02 -11 . 5 & 1-2 Dear Anthony: Please extend the preliminary nap approval at your next regu_ar meeting. The =.nap has 'peen completed and subnnitted to he Health Department for Mf . Hilber.t' s signature . TE yDu could ask the Health Department_ to please sign the map, we aould greatly appreciate your assistance, ver;.' truly vou_s, Patricia ... Moore �--- PCM/rrs Encls . cc : Mr. Corso _ 7 • • MAILING ADDRESS: PLPT`NNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE o��pF SOUI�oI Southold, NY 11971 Chair ti y y OFFICE LOCATION: WILLIAM J.CREMERS T T Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMONl j'COU01 Southold, NY 111, Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Patricia Moore, Esq. From: Anthony Trezza, Sr. Planner Date: August 23, 2005 Re: Oregon LLC/Morel) LLC 1000-83-2-11.5 & 12 The Planning Board discussed the above-referenced subdivision application at their work session on August 22, 2005. The main issues were the ownership of the road, the proposed planting plan and several revisions to the Covenants and Restrictions. The following comments and recommendations were made: 1. With respect to establishing an LLC for ownership of the road, please provide this office with documentation for review by the Town Attorney. 2. With respect to the planting plan, please see the attached sketch depicting the location of the street trees to be clustered on each of the lots as required by the Planning Board. Each cluster shall consist of eight native, drought tolerant trees to be planted by the individual property owners. Rather than revise the plat to depict the locations of the planting clusters, you may provide a simple landscape plan attachment that shows the locations of the planting clusters and indicates the planting specifications as described below. Clause number 3 of the Covenants and Restrictions should be revised as follows: r .y a. Specify that the planting clusters shall consist of eight native, drought tolerant trees along with the size specifications in accordance with A108-45 of the Town Code. b. Indicate that the planting clusters will be located as depicted on the approved supplemental landscape plan, which will be attached to the final plat. c. Indicate that the Building Department shall not issue a Certificate of Occupancy for any of the lots in the subdivision until the vegetative buffers have been planted and inspected for compliance by the Planning staff. d. The statement indicating that the owner shall guarantee the survival of the trees for a minimum of five years shall remain in the clause. 3. Two additional clauses need to be added to the Covenants and Restrictions which read as follows: a. The final map shall be rendered null and void and the approval of the subdivision invalid in the event that the closing of the development rights sale is not completed and proof of such closing is not submitted to the Town of Southold Planning Department. b. The Town of Southold Building Department shall not issue building permits for any lot depicted on the final map until the closing of the development rights sale is completed in accordance with the approved map and proof of such closing is submitted to the Town of Southold Planning Department. It is our understanding that Mr. Corso intends on putting in the road and installing all of the required improvements. However, be advised that without the submission of a bond, the Planning Board cannot issue final approval until said work has been completed and inspected by the Town Engineer. If you have any questions or need additional information, please feel free to contact this office. LOUIS C.CORSO .F 7 -; LUBA GORSO _ RESINA COR50 N 55 TAX LOT 10.13 MONICA CNT VACANT � TAX LOT SIII 16. PROPOSED 10'WIDE a T46 v 35 - UTILITY EASEMENT TAX LOT ILIO 47 11• S J, r(.� \ F N 82'53'30 �+4a �9, �' tl 6 S ,.pE .wiee tl rwu+ \ �S LOT 3 \ BUILDING 6 ILDI E T 6 wuc as a=te BU � F Nm t) nWuffatrary n q..t. y RIESMOWMAL Lor s e010l.q re. DWELLM6 3`WATERSERVICE i zw ar for 2"WATER SERVICE 4 4 LOT 2 2'WATER SERVICE ♦' 2`WATER ~ ,.y�' aSl ♦ <. si4O�. f <4 SERVICE ` 1, �LOT IWIWTER LIGE E E tlwu scmvm O3ED IO' LEACHING FOOL, 2'KA / s NEST YELL TO BE SERVICE � t CONVERTED TO TEST T'1E�'I��ELL.LLLLLL TO 6E FIRE WELL CONVERTED TO • FIRE YELL NOTE: U/6 UTILITIES TO a5• / BE INSTALLED ON THE / NORTH SIDE OF R.OYL S.G.' �. OI 704.49 7 3 PROPOSED WATER : � TVIGES(2-02` tl \ I O Sgi SIDE OF RO.H.A.W. v711 3R 24.2005) TW Hot IF 02 0, „Y PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Betsy Perkins Secretary August 11, 2005 Ms. Jeri Woodhouse, Chairwoman Southold Town Planning Board Town Hall i 53095 Main Road 1,� lAUG 1 2 2005 - P.O.Box 1179 I Southold, NY 11971 Att: Anthony Treza (BY HAND) Re: Conservation subdivision Oregon LLC/Morell LLC SCTM#1000-83-02-11.5 & 12 Dear Anthony: At the last Planning Board meeting the Board did not have attached to their correspondence the latest version of the C & R's (enclosed for your convenience is My cover letter dated July 21, 20 05 and the C&R's). I had revised the language of the natural buffer along the road as you requested, see the highlighted language. With regard to the list of trees which Mark requested,the Town Code has the list of "street trees" and it is best to refer to this list for consistency. If the Town Board, at the Planning Board's request, revises the code then the homeowners can follow that list. We do not want to create burdensome restrictions (micro-manage) the landscaping and would prefer to give homeowners and their professional landscapers the discretion of what is are appropriate"native species". Some species are native but not available at the nurseries. I have requested in the past a list of "native species" trees recommended by the Planning Board (this issue is always coming up) and as of this date the Planning Board does not have such a document. Please keep in mind that the owners of theses properties will defer to landscapers for appropriate species and that irrigation is normally applied so that drought tolerant common street trees may not be desired. The conservation plan is becoming burdened with "process" and multiple revisions to the map. I would ask for a comprehensive list of revisions. Once I have submitted the map to the Health Department this map should not require more revisions. I am at that stage with this map and ask that we finalize the details so that we don't find ourselves making revisions to the Health Department stamped map and mylars . With regard to the road- the owner wishes to create an LLC which will retain title to the road - each lot owner will have a membership interest in the LLC. A maintenance agreement was already prepared and submitted for your review. The road is being improved with the utilities in the next few weeks and my client is anxious to resolve all open issues and complete the conservation subdivision. If you wish to discuss this further please do not hesitate to contact me. A final meeting to nail down all details would be helpful. Very. tru"ours, _..Patricia C. Moore cc: Mr. Corso PCM/mr Encls. PATRICIA C.MOORE p Attorney at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary July 21, 2005 Ms. Jeri Woodhouse, Chairwoman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 Att: Anthony Treza (BY HAND) Re: Conservation subdivision Oregon LLC/Morell LLC SCTM#1000-83-02-11.5 & 12 Dear Anthony: In accordance with our meeting, enclosed is a copy of the revised C&R's- I have highlighted the only change. This language was added for the natural buffer along the road. Please review them and advise me of any additional changes at your earliest convenience. If you wish to discuss this further please do not hesitate to contact me. Very truly yours, Patricia C. Moore cc: Mr. Corso PCM/mr Encls. SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Oregon LLC and Morell LLC doing business at P.O .Box 1287, Cutchogue, New York this day of 2005 , 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 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES . 2 . This subdivision and the owner of each lot shall comply with the New York State Pollution Discharge Elimination System (SPEDES) requirements . The SPEDES permit requires, at a minimum, that an erosion and sediment control plan be prepared for any construction activity that disturbs one or more acres . The Storm-water Pollution Control Plan requires erosion control planning, site management and sediment control by all landowners . This erosion and sediment control plan has been filed with the Planning Board and a "Notice of Intent" forwarded to New York State Department of Environmental Conservation, in accordance with "General Permit for Storm-water Runoff from Construction Activity" (GP-02- 01) , Albany, New York. 3 . As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants that a 5 ' wide vegetative buffer runs along the south side of lot 1 through 3 , lot 5, and lot 6, depicted on the subdivision plat . It is hereby understood that the Vegetative Buffer along the south side of the above lots is intended to mitigate the development impacts on the view shed from Oregon Road. To mitigate the impact on the view shed, prior to issuance of a Certificate of Occupancy, the owner of the above listed lots shall be required to plant a minimum of 8 street trees (or evergreens) consisting of a mixture of native species along the area designated as vegetative buffer. The native species, size and planting specifications are identified in the Southold Town Code . Subdivision regulations A108-45 . The owner shall guarantee the survival of the plants for a minimum period of five years . 4 . As a condition of approval by the PLANNING BOARD of the conservation subdivision, the DECLARANT covenants that along the common boundary of Oregon LLC, and the adjacent parcel, being the east side of Dingnan's Road and west side of the Conservation Subdivision road, the Natural Buffer will be maintained. Prior to removal of the natural buffer the DECLARANT shall submit a plan (landscape, fencing, or other) to the Planning Board for their approval. The Natural Buffer may be pruned to maintain safe access and may be supplemented with native species without prior Planning Board approval. 5 . As a condition of approval by the PLANNING BOARD of the conservation subdivision, the DECLARANT covenants that on lot 1 through 3 , lot 5, and lot 6, clearing for residential purposes shall be limited as shown on the filed map and in accordance with Chapter A106-56 of the Town Code. The location of the clearing shall be at the discretion of the owner as long as the aggregate land area cleared does not exceed the authorized percentage. The limitation on clearing shall not prohibit the proper landscaping and maintenance of the vegetation, including but not limited to removal of diseased, decayed or dead vegetation and obnoxious plant species . Specifically permitted throughout the entire property is the planting of additional native plants, or replacing trees and other vegetation with comparable native species . This condition does not prohibit or limit clearing associated with the agricultural use of the property. 6 . 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 Town of Southold. 7 . The aforementioned Restrictive Covenants are intended for the benefit of and 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. 8 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof . 9 . The owners of lot 1 through 3 , lot 5 , and lot 6, shall have the right of ingress and egress, and utilities over the common 25 foot right-of-way as shown on the map. Said common access is or may be improved with asphalt, electric lines, cable, water lines, gas lines, and such other utilities as may become available. 10 . As the parcels are improved with a single family dwelling, the owners of those improved lot 1 through 3 , lot 5, and lot 6, shall share the cost of maintaining said common driveway in it present condition, including but not limited to the cost of snow removal, the cost of routine repair as needed to maintain the common driveway in its present condition, and for such other routine repair as may be required. The owner' s payment of their share of said cost shall be due and payable within 30 days of the presentation of a receipted paid statement or bill . 11 . Declarant hereby reserves the right to grant an easement for utilities over or under the right-of-way to adjacent properties for the purpose of connecting to existing or future utilities which run within the right-of-way. 12 . That the parties, their respective distributees, devisees, personal representatives, successors or assigns, upon whom this agreement and conveyance shall be binding and to whom its benefits shall inure, shall in any wise impede or obstruct the other party in the free use of the right-of-way or utility easement for the purposes set forth above. 11 . These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by a vote of a majority plus one of the members of the Planning Board. 12 . 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 be held to 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 . Morrell LLC and Oregon LLC Louis Corso, Managing Agent Schedule A DESCRIPTION OF PROPERTY DECLARANT: Morrell LLC, parcel 1 and Oregon LLC, parcel 2 . Sub PATRICIA C.MOORE Attomey at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary July 21, 2005 Ms. Jeri Woodhouse, Chairwoman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 Att: Anthony Treza (BY HAND) Re: Conservation subdivision Oregon LLC/Morell LLC SCTM#1000-83-02-11.5 & 12 Dear Anthony: In accordance with our meeting, enclosed is a copy of the revised C&R's- I have highlighted the only change. This language was added for the natural buffer along the road. Please review them and advise me of any additional changes at your earliest convenience. If you wish to discuss this further please do not hesitate to contact me. Verb_ ours, a rricia C. Moore cc: Mr. Corso PCM/mr Encls. j J U L 2 5 2005 • SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Oregon LLC and Morell LLC doing business at P.O.Box 1287, Cutchogue, New York this day of 2005, 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 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES . 2 . This subdivision and the owner of each lot shall comply with the New York State Pollution Discharge Elimination System (SPEDES) requirements . The SPEDES permit requires, at a minimum, that an erosion and sediment control plan be prepared for any construction activity that disturbs one or more acres . The Storm-water Pollution Control Plan requires erosion control planning, site management and sediment control by all landowners . This erosion and sediment control plan has been filed with the Planning Board and a "Notice of Intent" forwarded to New York State Department of Environmental Conservation, in accordance with "General Permit for Storm-water Runoff from Construction Activity" (GP-02- 01) , Albany, New York. 3 . As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants that a 5 ' wide vegetative buffer runs along the south side of lot 1 through 3 , lot 5, and lot 6, depicted on the subdivision plat. It is hereby understood that the Vegetative Buffer along the south side of the above lots is intended to mitigate the development impacts on the view shed from Oregon Road. To mitigate the impact on the view shed, prior to issuance of a Certificate of Occupancy, the owner of the above listed lots shall be required to plant a minimum of 8 street trees (or evergreens) consisting of a mixture of native species along the area designated as vegetative buffer. The native species, size and plprt4ng specifications are identified in the Southold wri` ode. Subdivision regulations A108-45 . The o shall aa��te� e survival of the plants for a,'.�nnieibd of� fi e i' _ years . 4 . As a condition of approval by the PLANNING BOARD of the conservation subdivision, the DECLARANT covenants that along the common boundary of Oregon LLC, and the adjacent parcel, being the east side of Dingnan's Road and west side of the Conservation Subdivision road, the Natural Buffer will be maintained. Prior to removal of the natural buffer the DECLARANT shall submit a plan (landscape, fencing, or other) to the Planning Board for their approval. The Natural Buffer may be pruned to maintain safe access and may be supplemented with native species without prior Planning Board approval. 5 . As a condition of approval by the PLANNING BOARD of the conservation subdivision, the DECLARANT covenants that on lot 1 through 3 , lot 5, and lot 6, clearing for residential purposes shall be limited as shown on the filed map and in accordance with Chapter A106-56 of the Town Code. The location of the clearing shall be at the discretion of the owner as long as the aggregate land area cleared does not exceed the authorized percentage. The limitation on clearing shall not prohibit the proper landscaping and maintenance of the vegetation, including but not limited to removal of diseased, decayed or dead vegetation and obnoxious plant species . Specifically permitted throughout the entire property is the planting of additional native plants, or replacing trees and other vegetation with comparable native species . This condition does not prohibit or limit clearing associated with the agricultural use of the property. 6 . 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 Town of Southold. 7 . The aforementioned Restrictive Covenants are intended for the benefit of and 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. 8 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same • shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof . 9 . The owners of lot 1 through 3 , lot 5, and lot 6, shall have the right of ingress and egress, and utilities over the common 25 foot right-of-way as shown on the map. Said common access is or may be improved with asphalt, electric lines, cable, water lines, gas lines, and such other utilities as may become available. 10 . As the parcels are improved with a single family dwelling, the owners of those improved lot 1 through 3 , lot 5, and lot 6, shall share the cost of maintaining said common driveway in it present condition, including but not limited to the cost of snow removal, the cost of routine repair as needed to maintain the common driveway in its present condition, and for such other routine repair as may be required. The owner' s payment of their share of said cost shall be due and payable within 30 days of the presentation of a receipted paid statement or bill . 11 . Declarant hereby reserves the right to grant an easement for utilities over or under the right-of-way to adjacent properties for the purpose of connecting to existing or future utilities which run within the right-of-way. 12 . That the parties, their respective distributees, devisees, personal representatives, successors or assigns, upon whom this agreement and conveyance shall be binding and to whom its benefits shall inure, shall in any wise impede or obstruct the other party in the free use of the right-of-way or utility easement for the purposes set forth above. 11 . These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by a vote of a majority plus one of the members of the Planning Board. 12 . 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 be held to 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 . Morrell LLC and Oregon LLC Louis Corso, Managing Agent Schedule A DESCRIPTION OF PROPERTY DECLARANT: Morrell LLC, parcel 1 and Oregon LLC, parcel 2 . 0 • MAILING ADDRESS: PLANNING BOARD MEMBERS OFSD(/ryO P.O. Box 1179 JERILYN B.WOODHOUSE hQ Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS CA be Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 MARTIN H.SIDOR cor.( Main Rd. &Youngs Ave.) GEORGE D.SOLOMON y�outr�v, 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: July 18, 2005 Re: Conservation Subdivision of Oregon LLC/Morrell LLC (Corso) 1000-83-2-11.5 & 12 Here is a revised copy of the Covenants and Restrictions and the Road and Maintenance Agreement for the above-referenced subdivision application. Please review and let me know of any changes that are necessary. I've already given Pat Moore some of my own comments with regard to specific clauses that I want added. Thanks Cc: PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary June 17, 2005 Ms. Jeri Woodhouse, Chairwoman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 JUN 2 0 2005 j Southold, NY 11971 Att: Anthony Treza - (BY HAND) Re: Conservation subdivision Oregon LLC/Morell LLC SCTM#1000-83-02-11.5 & 12 Dear Anthony: In accordance with our conversation, enclosed is a copy of the revised C&R's which incorporates the changes requested in your April letter and the Road & Maintenance agreement. Please review them and advise me of any additional changes at your earliest convenience. If you wish to discuss this further please do not hesitate to contact me. Very truly ours, L-2 ricia C. Moore cc: Mr. Corso PCM/mr Encls. 66 vu� v SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Oregon LLC and Morell LLC doing business at P.O.Box 1287 , Cutchogue, New York this day of 2005, 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 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES . 2 . This subdivision and the owner of each lot shall comply with the New York State Pollution Discharge Elimination System (SPEDES) requirements . The SPEDES permit requires, at a minimum, that an erosion and sediment control plan be prepared for any construction activity that disturbs one or more acres . The Storm-water Pollution Control Plan requires erosion control planning, site management and sediment control by all landowners . This erosion and sediment control plan has been filed with the Planning Board and a "Notice of Intent" forwarded to New York State Department of Environmental Conservation, in accordance with "General Permit for Storm-water Runoff from Construction Activity" (GP-02- 01) , Albany, New York. As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants that a 5 ' wide vegetative buffer runs along the south side of lot 1 through 3 , lot 5, and lot 6, depicted on the subdivision plat. It is hereby understood that the Vegetative Buffer along the south side of the above lots is intended to mitigate the development impacts on the view shed from Oregon Road. c,.ba 11�g"iiarantee they MFG ,,.� years . 4 . As a condition of approval by the PLANNING BOARD of the conservation subdivision, the DECLARANT covenants that on lot 1 through 3 , lot 5, and lot 6, clearing for residential purposes shall be limited as shown on the *filed mThe location of the clearing shall beDat the ncretion of the owner as long as the aggregate land area cleared does not exceed the authorized percentage. The limitation on clearing shall not prohibit the proper landscaping and maintenance of the vegetation, including but not limited to removal of diseased, decayed or dead vegetation and obnoxious plant species . Specifically permitted throughout the entire property is the planting of additional native plants, or replacing trees and other vegetation with comparable native species . This condition does not prohibit or limit clearing associated with the agricultural use of the property. be ,RIF" Q 6 . _ _. hall 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. 7 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof . 8 . The owners of lot 1 through 3 , lot 5, and lot 6, shall have the right of ingress and egress, and utilities over the common 25 foot right-of-way as shown on the map. Said common access is or may be improved with asphalt, electric lines, cable, water lines, gas lines, and such other utilities as may become available. 9 . As the parcels are improved with a single family dwelling, the owners of those improved lot 1 through 3 , lot 5 , and lot 6, shall share the cost of maintaining said common driveway in it present condition, including but not limited to the cost of snow removal, the cost of routine repair as needed to maintain the common driveway in its present condition, and for such other routine repair as may be required. The owner' s payment of their share of said cost shall be due and payable within 30 days of the presentation of a receipted paid statement or bill . 10 . Declarant hereby reserves the right to grant an easement for utilities over or under the right-of-way to adjacent properties for the purpose of connecting to existing or future utilities which run within the right-of-way. 11 . That the parties, their respective distributees, devisees, personal representatives, successors or assigns, upon whom this agreement and conveyance shall be binding and to whom its benefits shall inure, shall in any wise impede or obstruct the other party in the free use of the right-of-way or utility easement for the purposes set forth above. 11 . These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by a vote of am- 12 . 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 be held to 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 . Morrell LLC and Oregon LLC Louis Corso, Managing Agent Schedule A DESCRIPTION OF PROPERTY DECLARANT: Morrell LLC, parcel 1 and Oregon LLC, parcel 2 . DECLARATION OF COVENANTS AND RESTRICTIONS ROAD MAINTENANCE AGREEMENT THIS DECLARATION made by Oregon LLC and Morell LLC doing business at P.O.Box 1287, Cutchogue, New York this day of 2005, 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 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES . 2 . MAINTENANCE OF ROAD: The common road is shown on a conservation subdivision map running from Oregon Road to Lot 6 . The road and utilities have been installed by the Declarant. The owners of lots 1, Lot 2 , Lot 3 , Lot 5 and Lot 6 are benefitted by an improved road within a right of way as shown on the filed map running along the westerly side of lot 4, which right of way is for ingress and egress, and utilities, in common with others . The parties shall be responsible for one-sixth of the cost to repair, replace and maintain the said road and utilities including, but not limited to snow removal . The extent of routine repair, replacement and maintenance of said road shall be determined by a majority of the owners of lot 1, 2 , 3 , 5 and 6 . Snow removal shall be required as needed. Payment of one-sixth of the cost of routine repair, replacement and maintenance shall be due and payable within 30 days of the presentation of the receipted statement and request for payment. The obligation to contribute pursuant to this agreement shall not be binding on the Declarant . As the lots are conveyed, each lot owner, whether vacant or improved, shall be responsible for one-sixth the cost of repair, replacement and maintenance. 3 . DURING CONSTRUCTION: The cost to repair, replace or maintain the road and utilities shall be guaranteed by the owner of the lot undertaking construction. During construction of the residence and accessory structures the lot owner shall protect the land, vegetation, and adjoining properties from damage by the owner undertaking construction, his contractors, agents or assigns . Upon completion of construction the owner will return the road and utilities to their prior condition. 4 . In the event of a violation or breach of this or any • provision of this Declaration after giving thirty (30) days notice to cure, if the breaching party shall fail to take reasonable steps to remedy such violation or breach, the non-breaching party may enforce the covenants by an action at law or a proceeding in equity and if successful such be entitled to recover all costs and expenses incurred including reasonable attorneys fees . Morrell LLC and Oregon LLC Louis Corso, Managing Agent Schedule A DESCRIPTION OF PROPERTY DECLARANT: Morrell LLC, parcel 1 and Oregon LLC, parcel 2 . • swoo-IF t�T YATIUCTA C. X1200}2E :attorney w Law 51020 M.tin Road Southold, New York 11971 TO: (631)765-4330 F^: (63 1) 765-4643 The magas Cort Slr ' t;'_s facsi 11 I - o ,? C .on On':c.in 0. O ;jt. '.deniai s.11i 0?=lll�t ; _1',��il Fn L?'1 n13 C`.. �'t ?him , is in'endd so-e1,, f c +3'.rcr for bY' L ii;d s . , nam,--a reCiplent a9recf . 7:1' i are not th that any (`.�.✓S"_Ire, ( �py;ny, �.l.5trihu�i cz1 o ne or ._hiis � .i ar dRsfi� prch L :.1)13 t .'''tt L s i0 rl lA rT - y'e U:.eflPe r.otiffy us br' t� ) ..')I 'T77 eG r t l'. We m-y arrr�aa g._ o x"trie,,e t,.�.., trrn .nj.ss ,u F.E: 17�c, TOTAL, mITim-,ER. C.F ° +GL13 i-,CTJ=17 ',G COVER IF TRANSm ZSSTCN 'IS F'AU Iy INCOAPLET;, AS POSSIBLE. 'L'ENT : . OPERATOR t �'' JUN 1 5 2005 T 'd E494 S91. TE9 aoi }fp Mel ajooW eGi?:G ) SO ST unC Jeffrey T. Butler, P.E. JUN 15 2005 PO Box 634 ! J. Shoreham, New York 11786631-208-8850 Licensed Professional Engineer Member National Society Of professional Enoireers Performance Bond Estimate For: Oregon L.L.C./fJ,erlot L.L.C. SCTM# 1000-083.02-11.5, 12 February 9, 2005 Item. Qty. _ Unit Price Egb_ 'm��Cost. 1.Clearing and Grubbing 175 acres 4000.001 acre $7,000.00 2. Road Excavation, Subgrade Construction and Final Grading 2,444 c.y. 3.O0i c:y. $7,332,00 3.Roadway Pavement 1546 c y. 15.001 C. y. $_3,i8., 00 4.Drainage Pipe 15' Diameter 120 c.f. 15.00;fl $1,800.00 5. Drainage Structures A) Manholes 8 210 ea $1,680,00 B)Catch Basins 4 210 ea 5840.00 C) Leaching Basin00 Basins 8 900 ea 57,2 .00 6.Screen Planting 106 50.00 ea $xr ,250 00 Z Top Soil& Seeding Roadway Shouider 3200 s.y. 3.00!s.y. $9,600.00 8.As Built Survey 1 75001 ea $7,500,00 Subtotal $71,389.00 150A Bond 'n0ation &Contingency: 10 708.35 Total Estimated �Of NE 6y Cost of Public F� T.gUl y� Improvements: $82,097.35 Respectfu!ly Submitted, CO { �� * y� Jeffrey T. Butler, P.E. y \ Op U?3493 *� gOFfSSiP� 2 •d E49b 99L TC9 ao?,130 mai ajooW a6y :60 so ST unr • • SV6 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary June 14 , 2005 Ms . Jeri Woodhouse, Chairwoman r- : Southold Town Planning Board Town Hall --7� 53095 Main Road P . O . Box 1179 JUN 15 2005 Southold, NY 11971 Att : Anthony Treza (BY HAND) Re : Conservation subdivision Oregon LLC/Morell LLC SCTM#1000-83-02-11 . 5 & 12 Dear Anthony: Enclosed are the re ised Conservation plan maps . I believe all the Town' s comments have been incorporated onto this map . The map also includes the engineering of the water lines and requisite easements for the Suffolk County Water Authority . The water lines will be going in within the next week. We intend to obtain Mylars of this map for the Health Department, so if there are any revisions you or the Board require, please advise us at your earliest convenience . If you wish to discuss this further please do not hesitate to contact me . Very t- ly yours , P C icia C . Moore cc : Mr . Corso PCM/mr Encls . PLANNING BOARD MEMBER �DF SU!/ly • MAILING P.O. Booz 1179 S: JERILYN B.WOODHOUSE �Q� Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS CA >c Town Hall Annex KENNETH L. EDWARDS �O 54375 State Route 25 GEORGE D SOLOMON TIN H.SIDOR �yCOUNT'r (cor. MainRd. aYoNuY Ave.) I1,1 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 5, 2005 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Re: Conservation Subdivision of Oregon LLC/Morrell LLC SCTM#1000-83-2-11.5 & 12 Dear Ms. Moore: The Planning Department has reviewed the Draft Covenants and Restrictions and the "Preliminary Plan" for the above-captioned subdivision application. The following changes to the map and the C&R's are required: Revisions to the Map 1. The property boundaries need to be delineated with solid lines. 2. The proposed LIPA easement along the easterly property boundary needs to be shown on the plan. 3. The portion of the right-of-way that extends from the curb cut at Oregon Road to the point where it turns east is labeled as a 25'-wide right-of-way. However,this portion of the ROW is 40' wide and needs to be noted as such. In addition, the existing conditions within the 40'-wide ROW need to be clearly depicted and labeled. 4. The plant specifications for the proposed 5'-wide vegetative buffer needs to be shown on the plan. 5. The two fire wells need to be depicted on the map in the locations recommended by the Fire District and required by the Planning Board please see attached sketch). Because public water will be available,you must verify that the Cutchogue Fire District will accept the fire wells or if they will require the installation two hydrants. A copy of a written determination from the Fire District must be submitted to the Planning Board. 6. The Town Engineer has reviewed the preliminary plan and finds that the header curb detail has not been correctly depicted(please see attached sketch). 7. The runoff coefficient to be used for the drainage calculations is 1. 8. The paving details shown in the curb cut section do not match the paving details shown in the road section. Please revise to show the appropriate specifications that conform to the requirements of the Town Code. 9. The Town Engineer recommends that additional drainage be located within the right- of-way from the high point(elevation 69)every 350' in both directions. 10. The building envelope on Lot 5 needs to be revised to show a 60' front yard setback along the entire road frontage. Revisions to the Covenants and Restrictions 1. Please add a clause which states `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 Article XXII,Farmland Bill of Rights, of the Town Code." 2. Paragraph number 3 needs to define the buffer as being 5'-wide. A sentence needs to be added which states that the 5'-wide vegetative buffer will be planted with native species in accordance with the planting specifications on the approved subdivision map. In addition, the C&R's need to guarantee the survival of the plantings for a minimum period of five years. 3. If the first sentence of the fourth paragraph, "shall be limited as shown on the filed map" should be followed with"and in accordance with Chapter A106-56 of the Town Code." 4. The first sentence of paragraph six shall read, "The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable..." 5. Paragraph eleven needs to be revised to indicate that a majority plus one of the members of the Planning Board is required to terminate,revoke or amend the Covenants and Restrictions. In addition to the above-mentioned items,you are required to submit a bond estimate for the road improvements, drainage and plantings. Because the road is not intended to be part of any of the lots within the subdivision, a separate Road and Maintenance Agreement is needed to supplement the Covenants and Restrictions. If you have an questi ns or need further assistance,please feel free to contact this office. er y Anthony .Trezza Senior Planner Cc: Melissa Spiro, Land Preservation Coordinator • �gUFFO(,�c MAILING ADDRESS: PLANNING BOARD MEMBERS hrOV SGy P.O. Box 1179 JERILYN B.WOODHOUSE C Southold, NY 11971 Chair y • OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS y�� ��� 54375 State Route 25 KENNETH L.EDWARDS MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D. SOLOMON Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney Tom Wickham, Councilman Bill Edwards, Councilman From: Anthony Trezza Senior Planner Date: March 28, 2005 i Re: Public Water on Oregon Road Attached, please find one copy of the letter dated March 17, 2005 from Patricia Moore regarding the extension of public water for the Oregon/Morrell Subdivision in Cutchogue. Please note paragraph 3 where Ms. Moore indicates that the public water main will also service the Sound-front properties to the east. In addition, I have attached a copy of the water main contract that the applicant has entered into with the Suffolk County Water Authority. Please review this information and let me know if there are any concerns or issues that the Planning Board needs to be aware of. In the meantime, the Planning Board will continue to process this application under the assumption that the water main will be extended as proposed. Enc. P PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 'el: (631) 765-4330 Fax: (631) 765-4643 Margare-. Rutkowski Secretary March 17 , 2005 Ms . Jeri Woodhouse, Chairwoman_ Southold Town Planning Board Town Hall 53095 Main Road 5 2p05 P .O .Box 1179 MpR-2 Southold, NY 11971 Att : Anthony Treza (BY FAX) Re : Conservation subdivision-,_.. Oregon LLC/Morell LLC SCTM#1000-83-02-11 . 5 & 12 Dear Anthony: we are at final stages of the -nap approval from the Suffolk County Health Department . We have a water availability letter and construction contract, and we have paid the funds required by SCWA for public water . We ask that you review the map with the Board for any final comments The location of utilities have been reviewed by LIPA and their lines will be extended along our common road and then to the east connecting to an existing transformer to the east . This line will complete the "Loo-o" for enhanced reliability to all the customers served by this line . At the insistence of the Suffolk County Health Department, the SCWA has authorized connection of all the lots in this conservation subdivision to public water . In addition the homes along the Long Island Sound to the east of this subdivision will also be connected to public water . Due to the engineering of the water lines to serve the parcels , a second set of I 'd C*D* SSL SED ao;,},}0 mel ajo0w Q29 :00 so 92 Jew Mar 25 05 10: 33a Moore Law Office 631 765 4643 p. 1 water lines is recommended. Therefore a 15 ' utility easement will he created along the east side of 1000- 83-2-11 . 5 (Morell) adjacent to the existing road which will serve lot b in this subdivision and lots 1000-83- 2-11 . 10 , 11 . 11 , 10 . 14 and 10 . 13 . As you know the waterfront parcels north of the Southold Town Landfill have been designated by the Health Department as a target area for public water due to health concerns . The parcels to the north and east are in the alleged contamination plumb from the Southold Town Landfill . This conservation subdivision will achieve two priorities of the Town and Health Department, the farm land is being preserved with the conservation subdivision and the parcels to the north and east will be connected to public water . We intend to obtain Mylars of this map for the Health Department, so if there are any revisions you or the Board require, please advise us at your earliest convenience . If you wish to discuss this further please do not hesitate to contact me . Very trx�y yours , ...Patricia C . Moore cc : Mr . Corso PCAX/mr Encls . i41H M1. CC• Cb U7 910 9. LIb UJ I!74LJU7 I' itfb is Oregon LLC/Morel) LLC do Lours C. Corso EXPRESS MAIL Siffolk County Water Authority ATTN: Lawrence E.Anderson 2045 Route 12 Suite 1 Coram,NY 11727-3085 Mareh 22,2005 RL' Water Mata Coatrxt-OrWn Road Cattaesae "dwilad"M 114S2N-C Dear Mr.Anderson: Attached,pkaw find three signed and notarized copies of the Water Main Contract Authorization 411-05-247 C. Also attached,Please find a check in the amount of$6,602.00 as required by paragraph 2 of the contract. Please return an mtecuted copy to us as soon as possible. Thank you Should you have any questions or need any further information,please do not hedtate to contact me. Sincerely, Louis C.Corso LCC:bs Anadmew PO BOX 1044 13451 Oregon Road Cutchogue, NY 11935 631-734-2588 Z 'd C*Ot• SOL IC9 aoljjo Mal aaoow Q29r90 so 92 JQN • • 4 INH0., 11NUT 4:Lorw"" - Lbu 077174C7u7 SUFFOLK COUNTY WATER AUTHORITY 2045 Route 112,Suite 1,Conrn,New YOM 11727-3055 (831)690.9500 FAX(631)899.9851 March 11,2005 Oregon LLC/Morell LLC I3451 Oregon Road Cutchogue,NY 11935 Re: Water Main Contract—Oregon Road,Cutchogue Auth# I I.05-247-C REVISED Gentlemen: Enclosed is revised Construction Contract 11-05-247-C, for the installation of water main as described in the agreement. If the contract meets with your approval,please arange to sign all three copies in the presence of a notary, who should complete the appropriate notary section, When completed,please return all three(3)copies to this office with your check in the amount of S66,015.00 the estimatcd sum. A fully executed copy will be returned for your files, Connection fees and Key Money will also be required for a lateral water service from the street main to the property line, and are variable dependent upon service size and should be pard along with the contract sum. There is generally a 90 w 120 day period between the date a contract is signed and foes paid and the date a water main is installed Sincerely, Lawrence E. Anderson Assistant Manager LEA:as Encs. B2%DevPubRd-NOEaserner4 RaNead603 E 'd E494 S9L SE9 ao?d,f0 Mel ajoou 02S :90 50 SZ Jew IVIMP. t LUUIJYLJU7 ;Sef Bea JL1� 3/ 9 Forty 1641 Rw.06!04 For Red Estate 0evelopera IRved Owl Aufhadugon No t & 47 C SUFFOLK COUNTY WATER AUTHORITY CONSTRUCTION CONTRACT THIS AGREEMENT between OREGON LLCI MORELL LLc a limited liability corporation having its principal office at 13461 Oracon Road" S'dsl]Q9r+i- Ne�yr York 11414c arty or parties of the first part hereinafter known as "Developer", and the Suffolk County Water Authority;a public benefit corporation having Its principal office at Sunrias Highway, Comer of Pond Road, Oakdale, New York, party of the second part hereinafter known as "SCWA". WHEREAS, the Developer desires to secure water and water service at the Promises situate at GUIlIbRsue Suffolk County, New York, and desires an extension Of the mains as follows: Install approximately one thousand ons hundred ninety seven 0197)feet of main on Oregon Road, and two hundred seventy 1270) fast of main on Cox Lane, COPY b 'd C*S* SaL Ics 0013,!0 mal aJoOw Res :90 so 92 Jew MHP.. CL CUU7 4, LUf VL—a,n Lbb VJITJ14JV2 :4Ji 69E Ag`.. s ✓ p WHEREAS, SCWA is willing to make such extension upon the terms and conditions hereinafter set forth; NOW, THEREFORE, In consideration of the premises and the mutual covenants herein contained, the parties hereto agree to and with each other as follows: 1. The Developer hereby applies to SCWA for the above extension of its mains. 2. The Developer shall pay to SCWA the sten of Sixty Six Thousand pktaen Dollars IA!11103 0o1 In accordance with the following schedule. The sum of ,S ThMQAD _ak+. HUMLRd Tv y Dopare (0-MMM.shall be paid simultaneously with the execution of this contract, and the remaining sum of Hundre_ d TWIli n-Dollars (VZRA LW is due and shall be paid with the submission of Developer's site preparation sheet to SCWA. Amounts paid hereunder shall not be subject to any interest charge and shell be applied and disposed of as provided harem, 2A. The contract sum stated In Paragraph 2 includes repaving of the surface t Of any existing developed roads where the pipeline is installed, but does not include, nor will the SCWA be responsible for, repaving of the roads where the pipeline is constructed within the development. 2B. The contract sum stated in Paragraph 2 may be increased if local highway officials require additional road restoration, The Developer will be charged for the added restoration costs above those included in the contract sum. 2C. If applicable, SCWA will backfill the trench within the development to the grade of the existing surface. Compaction of the backfill, if required by the local municipality, shall be the responsibility of the Developer, 3. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that mains laid or to be laid in said streets,shall be and remain 'the property of the SCWA, Ile successors and assigns, and that the SCWA retains and shall have the right to extend any main installed by h pursuant to the terms of this agreement in or to other lands, streets, or avenues. However, it within two years from the date of contract execution, a newly constructed building takes service from tha water main installed under this contract, there shall be a refund available from the Installation fees paid from that building. The refund shall be determined by reviewing the projects and calculating the water main extension cost for each project if they were done in geographic order up to a nu uifn"of Oy peroanr 150%1 Or the 04911W contract. The refund amount will be the cost calculated for the new project. The refund will be split equally eitlong tho Customers of record for services that are covered by this contract. If additional Projects shall look for a connection to the same main within the two-year period, the Previous projects and this one looking for service shall be subject to the same refund procedure. The Developer shalt not be entitled to any other refund or repayment. S 'd eb94 99L Iles 0013,}0 Mel aJOOW Qes :90 so sa -JWW KIM R. to JVu 9: 1j rN". c)i i)-c,o7 age gee: ai a ACKNOWLEDGEMENT FORM FOR USE OUTSIDE NEW YORK STATE ONLY: State of ) ss; County of ) On the day of In the year 2005, before me, the undersigned Notary Public, personally appeared personally known to ma or proved to me on the basis of satisfactory evidence to be the indivldualls) whose names) la (are) subsI d in the within instrument and acknowledged to me that he/she/they execthe aema in hkslher/their capsohy{ia), that by his signature(s) on the ment, the indNidualls), or the person upon behalf of which the individuals) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (insert city or other political subdivision and the state or country or other place the acknowledgment was taken). 6'd C49b 99L TC9 ao?d,}0 mel aaooW eL9 :00 so 92 Jew M84. t6 tUU9 tiltfrm-- ,��s u�inYc�or :e3. ase sece o r, e STATE OF NEW YORK } }se.; COUNTY OF SUFFOLK } Op � pday of n OIC�) in the year 2005, before me, the undersigned, t a Notary Public in and for said state, personally appeared Ltw,s_C . j'gL E Personally known to me or proved to me an the basis of satisfactory evidence to be the Individual(s) whose names) is (are) subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/her/their capecity(ies), and that"by hielher/thei►signature(g) on the Instrument,the individual(s), or the parson upon behalf of which the individual(s) acted, executed the instrument. Notary Public ORMA L SrWrCK M Notary Pubrio area of SM N.yw1� auarm°a'd h{i s Comml6eion FJpbsa 08f3a�2 STATE OF NEW YORK } COUNTY OF SUFFOLK } On the day of in the year 2005, before me, the undersigned, a Notary Public in and for sold state, personally appeared _Stephen M. pane personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within Instrument and eoknowledged to me that he/she/they executed the same in his/her/their copecity(ies), and that by his/her/their signature(s) on the instrument, the individusl(s), or the person upon behalf of which the individuals) acted, executed the instrument. Notary Public B -d E494 99L Tes aoljjo Mal aJoow a99 :80 so 92 Jew IVIHF. LL LJU'1 ' 'I (lfBF-�•�.•�lb U)II )4t A7 :ea, r;e> "" S. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that if the SCWA is required to relocate any of Its facilities, including but not limited to service lines, due to the improper location of other utility facilities within lo feet, then the Developer shall pay to the SCWA the cost of this relocation. Water service will not be provided until these costs are paid. S. IT IS FURTHER UNDERSTOOD AND AGREED that the above estimated cost of construction as set forth in Paragraph 2 of this Agreement is based upon the prices in effect pursuant to public bid between SCWA and its various contractors for the Calendar year RM In the event that (i)the project site is not made ready for main installation as specified by SCWA or (2) In the judgment of SCWA the water main construction cannot be completed by December 1st, or (3) the Developer does not complete payment during the specified year, the SCWA shall have the right to revise the above estimate in accordance with their prevailing contract prices for the year in which the construction is to take place, or upon written request of the Developer the contract deposit shell be refunded less design and consmlction drawing expense of SCWA and the contract cancelled. IN WITNESS WHEREOF,the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seals to be hereto afflxed)this_day of 20 OREGON LLC/ MMORE'LLL LLC m lost. IPleete print num s uda of penton allow Afire ml SUFFOLK COUNTY WATER AUTHORITY ..........................L.S. Officer (See RM Pete for eckmwledgmMtsi L 'a C494 SOL IC9 a0JJJ0 ine-1 a.JooW a99 :80 SO 92 Jew WiHM1. :t LV'JT 4: 1U f III re -Lb I, U)I Ii41)07 i 091 Bee 50002 a 0i 0 4. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that any assignment of this contract or any interest therein, of of any money due or to become due by reason of the terms hereof without the written consent of the SCWA, shall be vold, except that if the Developer is a corporation, then and in the event of its corporate dissolution consent is hereby given for 11 i assignment to be made to the principal stockholder or successor of said Developer, upon the assumption by the assignee of the terms, conditions and liabilities contained in this agreement. 5. IT IS SPECIFICALLY AGREED that the performance under this agreement by the SCWA shall not be required or commenced until and unless permanent easement or easements, in writing, In proper form for recording, and acceptable to Counsel for the SCWA, granting the right to construct and maintain water mains in e private street or streets affected by this undertaking, shall have been executed by the Proper No owner thereof, and mortgagees or other lienors, H any, and delivered to the SCWA. S. IT IS FURTHER SPECIFICALLY AGREED that performance under this agreement by the SCWA shall not be required or continued when circumstances beyond its control prevent, prohibit, or interfere with such performance. Such circumstances include, but shah not be limited to delays in delivery of materials, weather conditions, strikes or other labor difficulties, causes commonly referred to as "Acte of God", acts or omissions attributable to the Developer and other conditions not reasonably foreseeable. 7. If within two veers of the in service date,the SCWA is required to relocate, lower or otherwise move any of the pipelines and appurtenances installed pursuant to this agreement by reason of change in grade Of location of the street In which said pipelines have been installed, then and in that event the Developer shall pay to the SCWA the cost of such relocation, lowering or other change upon certification of the cost thereof to the Developer. However,the aforesaid provisions of this Paragraph a shall be of no force and ef4ect, if prior to any such change in grade or location of said street, all of the following circumstances obtain: 1) the release of the performance bond,. If any, Filed by the Developer with the town or other municipality having Jurisdiction to require same; and 2) discharge of all obligations from the Developer to said town or other municipality under said bond or otherwise; and 3)the dedication to and due acceptance by said town or other municipality of such street Into and as part of Its Public highway system; and 4) that such change in grade or location occurred through no cause attributable to Developer. 9 'd E494 99L 169 a61dd0 mel aJoow Qi•5 :90 so Sa Jew P PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 me!: (6311 765-4330 Fax: (631) 765-4643 Margare- Rutkowski Secretary March 17 , 2005 Ms . Jeri Woodhouse, Chairwoman Southold Town Planning Board Town Hall 53095 Main Road 2�j5 P . O . Box 1179 MAP.25 Southold, NY 11971 Att : Anthony Treza (BY FAX) Re : Conservation. subdivisior� . Oregon LLC!Morell LLC SCTM#1000-83-02-11 . 5 & 12 Dear Anthony: we are at final stages of the map approval from the Suffolk County Health Department . We have a water availability letter and construction contract, and we have paid the funds required by SCWA for public water . We ask that you review the map with the Board for any final comments The location of utilities have been reviewed by LIPA and their lines will be extended along our common road and then to the east connecting to an existing transformer to the east . This line will complete the "Loop" for enhanced reliability to all the customers served by this line . At the insistence of the Suffolk County health Department, the SCWA has authorized connection of all the lots in this conservation subdivision to public water . In addition the homes along the Long island Sound to the east of this subdivision will also be connected to public water. Due to the engineering of the water lines to serve the parcels , a second set of T 'd 6*94 SSL IE9 001,},}0 mel aJeow was :80 so 92 Jew Mar 25 05 10: 33a Moore Law Office 631 765 4643 p. 1 water lines is recommended. Therefore a 15 ' utility easement will he created along the east side of 1000- 83-2-11 . 5 (Mozell) adjacent to the existing road which will serve lot 6 in this subdivision and lots 1000-83- 2-11 . 10 , 11 . 11 , 10 . 14 and 10 . 13 . As you know the waterfront parcels north of the Southold Town Landfill have been designated by the Health Department as a target area for public water due to health concerns . The parcels to the north and east are in the alleged contamination plumb from the Southold Town Landfill . This conservation subdivision_ will achieve two priorities of the Town and Health Department, the farm land is being preserved with the conservation subdivision and the parcels to the north and east will be connected to public water . We intend to obtain Mylars of this map for the Health Department, so if there are any revisions you or the Board require, please advise us at your earliest convenience . If you wish to discuss this further please do not hesitate to contact me . Very trus y yours , ....Patricia C . Moore cc : Mr . Corso PCM/mr Encls . 0 0 hMh it 21. 1�v) 4: L0 9. Lib U]I.'74LJU7 11 V. JL;U Li 1V Oregon LLC/Morels LLC c/o Louis C. Corso EXPRESS MAIL Suffolk County water Authority A17N:Lawrence E.Anderson 2045 Route 12 Suite 1 Comma,NY 11727-3085 March 22,2005 RE: Wader Maim Catracr-0rgoa Roam Cutrue`re Aatharlradm# 114&247C Dear Mr.Anderson: Attached,picase find three signed and notarized copies of the Water Main Contract— Authorization Y 11-05-247 C. Also attached,please End a check in the amount of$6,602.00 as required by paragraph 2 of the contract. Please return an mmused copy to us as soon as possible. 77rank you. Should you have any questions or need any further information,please do not hesitate to contact me. Sincerely, Louis C.Corso LCC:bs Armrhmenr PO Box 1044 13451 Oregon Road Cutchogue, NY 11935 631-734-2588 2 -d Ci9b SSL IC9 001,},}0 mal a.JooW W29 :90 so Sz Jew 0 0 INHk. LL. LOUT 4:LOfIY!-' Lbs Ui! 174CI07 '•- i,v. iarv- - �, iv - - 0 r.2�r-•�V`n'neLfio,.�1.•a'f, SUFFOLK COUNTY WATER AUTHORITY 2045 Route 112,Sude 7•Coram,New York 11721-3055 (837)898.9500 FAX(897)888.9857 March 11,2005 Oregon LLC/Morell LLC 13451 Oregon Road Cutchogue,NY 11935 Re: Water Main Contract—Oregon Road,Cutchogue Auth# 11.05-247-C REVISED Gentlemen: Enclosed is revised Construction Contract 11-05-247-C, for the installation of water main as described in the agreement. If the contract meets with your approval,please arrange to sign all three copies is the presence of a notary, who should complete the appropriate notary section. When completed,please return all three(3)copies to this office with your check in the amount of 566,015.00 the estimated sum. A fully executed copy will be returned for your files, Connection fees and Key Money will also be required for a lateral water service from the street mann to the property line, and are variable dependent upon service size and should be paid along with the contract sum. There is generally a 90 to 120 day period between the date a contract is signed and fees paid and the date a water main is installed. Sincerely, Lawrence E, Anderson Assistant Manager LEA:ss Encs. B25nevPubPd-NuEasemen1 - RaMaea 6/03 E 'd E494 SSL IES aoijjo mal ajoow WUS :80 SO SZ Jew 0 0 W. [a LUV7 Y. to fIYN"""^LVV u]I 1194 Jur .gp, 9 0' ypex 'gyp' 3/ 9 Fom iscl Rev.06!04 For Red Estate Devebpen Ram Cat) AWhodzation No 71 6 247 SUFFOLK COUNTY WATER AUTHORITY CONSTRUCTION CONTRACT THIS AGREEMENT between OREGON LLC/MORELL LLC a limited liability corporation having its principal offiae at 13461 Oraoen goad Cytshoaua- New Ygk 11936 party or parties of the first part hereinafter known as "Developer", and the Suffolk County Water Authority;a public benefit corporation having Its principal office at Sunrise Highway, corner of Pond Road, Oakdale, New York, party of the second part hereinafter known as "SCWA". WHEREAS, the Developer desires to secure water and water service at the premises situate at O1l1111119e11a Suffolk County, New York, and desires an extension Of the mains as follows: IgstaIl appreximatoly one thousand one hundred ninety seven 0197 fact of main on Oregon Road, and two hundred seventy 1270) feat Of main on Cox Lana, COPY b 'd E4Ob SOL Teo a0jjj0 Mel ajo0w was :60 SO Sa Jew 0 0 /Ih D. LL LOUD Y, LU r NL, . au.l Vb 'JJI f J14 JVl GO& 849. • •J e WHEREAS, SCWA is willing to make such extension upon the terms and conditions hereinafter set forth; NOW, THEREFORE, In consideration of the premises and the mutual covenants herein oontained, the parties hereto agree to and with each other as follows: 1. The Developer hereby applies to SCWA for the above extension of its mains. 2. The Developer shall pay to SCWA the sum of Sixty Sox Thec-arid Rittsen Dollars IABB.O-LI )1 In accordance with the following schedule. The sum of Sg Thousand m. Hu_ nand tuM-001lars (4e.B02.=shall be paid simultaneously with the execution of this contract, and the remaining sum of Fifty Nina lbgggand Fere. Hundre_ d T�hi&MDolars (569.413.001 is due and shall be paid with the submission of Developer's site preparation sheet to SCWA. Amounts paid hereunder shall not be subject to any interest charge and shell be applied and disposed of as provided herein. 2A. The contract sum stated In Paragraph 2 includes repaving of the surface i Of any existing developed roads where the pipeline is installed, but does not Include, nor will the SCWA be responsible for, repaving of the roads where the pipeline le constructed within the development. 28. The contract sum stated In Paragraph 2 may be increased if local highway officials require additional road restoration. The Developer will be charged for the added restoration costs above those Included in the contract sum. 2C. If applicable, SCWA will backfill the trench within the development to the grade of the existing surface. Compaction of the backfill, if required by the local municipality, shall be the responsibility Of the Developer. 3. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that mains laid or to be laid in said streets,shall be and remain the property of the SCWA, Ile successors and assigns, and that the SCWA retains and shall have the right to extend any main installed by it pursuant to the terms of this agreement in or to other lands, streets, or avenues. However, If within two years from the date of contract execution, a newly Constructed building takes service from the water main installed under this contract, there shall be a refund available from the installation fees paid from that building. The refund shall be determined by reviewing the projects and calculating the water main extension cost for each project if they were done in geographic order up to a m'Wmrrrn of flf(yPasant/GO%)of Hrs&Wnaf eontraot. The refund amount will be the cost calculated for the new project. The refund will be split equally among the oustomers of record for services that are covered by this contract. if additional projects shall look for a connection to the same main Within the two-year period, the previous projects and this one looking for service shall be subject to the same refund Procedure. The Developer shall not be entitled to any other refund or repayment. S 'd Cir94 99L 169 a0JJJ0 mel aJoow acs :80 SO sa Jew 9 0 IYIHM1 (L LV'JT 4LUfltl��r anlbb U)IIiYL 707 "v � 9BB 906E 4. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that any assignment of this contract or any interest therein, or of any money due or to become due by reason of the terms hereof without the mitten consent of the SCWA, shall be void, except that if the Developer is a corporation, then and in the event of its corporate dissolution consent is hereby given for (t) assignment to be made to the principal stockholder or successor of said Developer, upon the assumption by the assignee of the terms, conditions and liabilities contained in this agreement, 5. IT IS SPECIFICALLY AGREED that the performance under this agreement by the SCWA shall not be required or commenced until and unless permanent easement or easements, in writing,-in proper form for recording, and acceptable to Counsel for the SCWA, granting the right to construct and maintain water mains in e private street or attests affected by this undertaking, shall have been eXacuted by the Proper fee owner thereof, anti mortgagees or other lienors, If any, and delivered to the SCWA. B. IT IS FURTHER SPECIFICALLY AGREED that performance under this agreement by the SCWA shall not be required or continued when circumstances beyond Its control prevent, prohibit, or interfere with such performance. Such circumstances include, but shall not be limited to delays In delivery of materials, weather conditions, strikes or other tabor difficulties, causes commonly referred to as "Acta of God", acts or omissions attributable to the Developer and other conditions not reasonably foreseeable. 7. If within two years of the in service date, the SCWA is required to relocate, lower or otherwise move any of the pipelines and appurtenances Installed pursuant to this agreement by reason of change In grade or location of the street In which said pipelines have been installed, then and In that event the Developer shall pay to the SCWA the cost of such relocation, lowering or other change upon certification of the cost thereof to the Developer, However, the aforesaid provisions of this Paragraph 8 shall be of no force and effect, if prior to any such change in grade or location of said street, all of the following circumstances obtain: f) the release of the performance bond,- N any, filed by the Developer with the town or other municipality having Jurisdiction to require same; and 2) discharge of all obligations from the Developer to said town or other municipality under said bond or otherwise; and 3)the dedication to and due acceptance by said town or other municipality of such street Into and me pert of Its public highway system; and 4) that such change in grade or location occurred through no cause attributable to Developer. 9 'd EiS* SOL TES aoijjo mei a-10ow QiS =80 so 92 Jew 0 0 IAHtl. 11iJU'1 ' li Llb U]I I)vL7p7 ;e]F 6en 8, IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that if the SCWA is required to relocate any of its facilities, including but not limited to service lines, due to the Improper location of other utility fae(lities within 10 feet, then the Developer shall pay to the SCWA the cost of this relocation. Water service will not be provided until these costs are paid. 9. IT IS FURTHER UNDERSTOOD AND AGREED that the above estimated cost Of construction as set forth in Paragraph 2 of this Agreement is based upon the prices in effect pursuant to public bid between SCWA and its various contractors for the calendar year 2005. In the event that (1) the project site is not made ready for slain installation as specified by SCWA or (2) In the judgment of SCWA the water main construction cannot be completed by December tet, or (3) the Developer does not complete payment during the specified year, the SCWA shall have the right to revise the above estimate In accordance with their prevailing contract prices for the year in which the construction Is to take place, or upon written request of the Developer the contract deposit shall be refunded less design and construction drawing expense of SCWA and the contract cancelled. IN WITNESS WHEREOF, the parties have interchangeably set their hands and seals (or caused these presents to be signed by their proper corporate officers and caused their proper corporate seals to be hereto affixed)this 20 --.dey of OREGON LLMC/ MORELL LLC a........�.....,1,,d l .....L,S. IQ. VN ryd3 e ffleare print name Bane at panan elpnlna Ayre rum SUFFOLK COUNTY WATER AUTHORITY ..........................L.S. Officer 1600 n0C Pape Por acknewledgmemd L -d E494 S9L Ica a01JJ0 mal aioow 09St80 So Sc Jew 0 0 RIRM1, CL• 113V9 4! LIrrA— . 0d, 03117'tlJQY ;es, eee se Gx • ti e •r STATE OF NEW YORK } COUNTY OF SUFFOLK ��l1 W. } On the Jco day of Mar4) In the year 2005, before me, the undersigned, a Notary Public In and for said state, personally appeared Lntj c C . ('n rs(7 Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose nameis) is (are) subscribed to the within instrument and acknowledged to me that he/sheithey executed tate same In his/her/their capacity(les), and that'by hiether/their signatures) on the Instrument,the individual(e), or the person upon behalf of which the individuals) acted, executed the instrument. Nottary Public n� NotBRIM Ngp7y%OT Now yQ* OVUmnd M SuffO� tiOTinl{p1oll Eif.666 qlp STATE OF NEW YORK } COUNTY OF SUFFOLK } a On the day of in the year 2005, before me, the undersigned, a Notary Public in and for said state, personally appearedSt.cheN1, jonea Personally known to me or proved to me on the basis of satisfactory evidence to be the individualls) whose name(s) is (are) subscribed to the within instrument and eoknowledged to me that he/she/they executed the same in his/her/their capacitylies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individualls) acted, executed the instrument. Notary Public B -d E404 SOL SCO ao>jjo mel ajo0w V99 -80 so 92 Jew MM LL LU VU . 9• UrM�,, moi., LbV v)iU'tL7U7 ... ,• .. . :R3r aqP 9Pb3 • Pi 0 ACKNOWLEDGEMENT FORM FOR USE OUTSIDE NEW YORK STATE ONLY: State of ) I C9unty of ) On the day of In the year 2005, before me, the undersigned Notary public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to W the indivldualls) whose names) is (are) subscribed in the within instrument end acknowledged to me that helahehhey executed the same in hielhafteir capaohy(is), that by Ms/her/th to aignatursls) on the Instrument, the IndMduel(s), or tlx person upon behalf of which the indiv us 4) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (Insert city or other political subdivision and the state or country or other place the acknowledgment was taken). B 'd E49b 99L TC9 aoijjo Mel a-10ow eLS :B0 so SZ Jew Jt� PATRICIA C. MOORE ,/f� Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary March 17, 2005 Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold,NY 11971 All: Anthony Treza (BY HAND) Re: Conservation subdivision Oregon LLC/Morell LLC SCTM#1000-83-02-11.5 & 12 Dear Anthony: Pursuant to your request,enclosed is a print of the subdivision map for your review. It is my understanding that you are reviewing the Covenants&Restrictions.. The maps have incorporated the Planning Board's previous comments. This map was previously submitted to Mark Terry on February 9, 2005. The location of utilities is being reviewed by LIPA and the SCWA, The Cutchogue Fire District Commissioners reviewed our map,based on their recommendation,we will not install fire hydrants and will locate the fire wells. We will ask Mr. Butler to place the location of the fire wells on the map. We intend to obtain Mylars of this map for the Health Department, so if there are any revisions you or the Board require, please advise us at your earliest convenience. If you wish to discuss this further please do not hesitate to contact me. ry truly urs, /ic'a C. Moore cc: Mr. Corso PCM/mr r 'I , I MAR 17 2005 PATRICIA C.MOORS Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631)765-4330 Fax: 1'631)765-4643 February 17, 2005 Southold Town Planning Board Town Hal I 53095 Main Road P.O.Box 1179 Southold, NY 11971 Attention: Mark Terry (BY FAX) Re: SCTM#1000-83-02-11.5 SCTM#1000-53-2-12 Conservation Subdivision Dear Mark: Enclosed is a draft of the proposed Declaration of Covenants and Restrictions for the above referenced property. Please review them, if 1 need to make any changes do not hesitate to contact me. If you wish to discuss this further please do not hesitate to contact me. Very truly$yours, Patricia C. Moore cc: Mr. Corso I' [ 'd E49ii 99L IC9 aot,l3o MR-1 0-10oN dae :bo So LI 9aj SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Oregon LLC and Morell LLC doing business at Cutchogue, New York this day of 2005 , 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 er_joyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PMNIISES shall be held and shall be conveyed subject to the following covenants and restrictions : 1 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES. 2. This subdivis-on and the owner of each lot shall comply with the New York State Pollution Discharge Elimination System (SPEDES) requirements. The SPEDES permit requires, at a minimum, that an erosion and sediment control plan be prepared for any construction activity that disturbs one or more acres. The Storm-water Pollution Control Plan requires erosion control planning, site management and sediment control by all landowners . This erosion and sediment control plan has been filed with the Planning Board and a "Notice of Intent" forwarded to New York State Department of Environmental Conservation, in accordance with "General Permit for Storm-water Runoff from Constructio: Activity" (GP-02- 01) , Albany, New York. 3 . As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants that a vegetative buffer runs along the south side of lot 1 through 3, lot 5, and lot 6 , depicted on the subdivision plat. It is hereby understood that the Vegetative Buffer along the south side of the above lots is intended to mitigate the development- impacts on the view shed from Oregor_ Road. To mitigate the impact on the view shed, prior to issuance of a Certificate of Occupancy, the owner of the above listed lots shah be required to plant a minimum of 8 street trees (or evergreens) consisting of a mixture of native species along the area designated as vegetative buffer. 4 . As a condition of approval by the PLANNING BOARD of the conservation subdivision, the DECLARANT covenants that on lot 1 through 3 , lot 5, and lot 6, clearing for 2 -d E48i SOL IEs 0010,}0 mal aJ00W dze =bO SO Lt qaJ residential purposes shall be lim'_ted as shown on the filed map. The location of the clearing shall be at the discretion of the owner as long as the aggregate land area cleared does not exceed the authorized percentage. The limitation on clearing shall not prohibit the proper landscaping and maintenance of the vegetation, Including but not Iimited to removal of diseased, decayed or dead vegetation and obnoxious plant species. Specifically permitted throughout the entire property is the planting of additional native plants, or replacing trees and other vegetation with comparable native species. This condition does not prohibit or limit clearing associated with the agricultural use of the property. 5 . 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 tire such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated, 6. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold. to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of. Southold or any officer or employee thereof . 7 . The owners of lot 1 through 3 , let 5 , and lct 6, shall have the right of ingress and egress, and utilities over the common 25 foot richt-of-way as shown on the map. Said common access is or may be improved with asphalt, electric lines, cable, water lines, gas lines, and such other utilities as may become available. 8. As the parcels are improved with a single family dwelling, the owners of those improved lot 1 through 3, lot S, and lot 6, shall share the cost of maintaining said common driveway in it present condition, including but not limited to the cost of snow removal, the cost of routine repair as needed to maintain the common driveway in its present condition, and for such other routine repair as may be required. The owner' s payment of their share of said cost shall be due and payable within 30 days of the presentation of a receipted paid statement or bill . 9 . Declarant hereby reserves the right to grant an easement C -d 6494 S9L TE9 aa?8fo mal ajooN dZE =bo So LT qaj for utilities over or under the right-of-way to adjacent properties for t__^.e purpose of connecting to existinc or future utilities which run within the right-of-way. 10 . That the parties, the-- r respective distributees, devisees, personal representatives, successors or assigns, upon whom this agreement and conveyance shall be binding and to whom its benefits shall inure, shall in any wise impede or obstruct the other party in the free use of the right-of-way or utility easement for the purposes set forth above. 11. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the PLAh'PJING BOARD. 12 . If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illecal, unlawful, invalid, or be held to unconstitutional, the same snail 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. Morrell LLC and Oregon LLC Louis Corsa, Managing Agent b 'd 6i94 S9L TE9 a01JJ0 mal aJooW aec :io so LT qad Schedule A DESCRIPTION OF PROPERTY DECLARANT: Morrell LLC, parcel 1 and Oregon LLC, parcel 2 . S 'd E494 SSL 169 ao?ddo mvj ajo0w dyE =bo So LT gad i • PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary February 9,2005 Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold,NY 11971 Att: Mark Terry (BY HAND) Re: Conservation subdivsion Oregon LLC/Morell LLC SCTM#1000-83-02-11.5 & 12 Dear Mark: Enclosed please find updated subdivision maps for your information which locate the water lines. The maps have incorporated the Planning Board's previous comments and are being reviewed by the Suffolk County Department of Health Services. Due to the availability of public water and the Suffolk County Water Authority's installation of fire hydrants on Oregon Road I am forwarding this information to the Cutchogue Fire District for review of their previous recommendations for location of fire wells. We intend to obtain Mylars of this map for the Health Department,so if there are any revisions you or the Board require,please advise us at your earliest convenience. If you wish to discuss this further please do not hesitate to contact me. .Ver tr o�, Patricia C. Moore cc: Mr. Corso PCM/mr Encls. " V3 COUNTY OF SUFFOLK S C Robert J. Gaffney SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES LINDA MERMELSTEIN,M.D., H. Acting Commissioner January 28, 2003 Mr. Louis Corso i 13451 Oregon Road Cutchogue, NY 11935 ub'ect: Board of Review Hearing—November 14, 2002 Report of Findings and Recommendations of the Review Board Regarding: / Rio-o1-0219 — residence @ Nine Stevens,n/s no.w., 1602 ft.w/a.Oregon Rd., Cutchogue t/o Southold—SCTM: #l000-83-2-10.13 Dear Mr. Corso: Enclosed is a copy of the Board of Review's(Board)findings,recommendations and determination concerning the subject application. It was the determination of the Board to deny the request for variance as detailed in the enclosed. The application is remanded for additional Departmental review in light of the extension of public water supply by the Suffolk County Water Authority and its potential to serve the subject parcel. Very truly yours, Walter Dawydiak,Jr., PE,JD Acting Chairman, Board of Review WD/kn enclosure. D C: Board of Review File— Riverhead D James Bagg— Planning Dpt. Valerie Scopaz—Town of Southold FE! - 6 is Sy Gruza, Esq. — Beveridge and Diamond Roy Reynolds, PE — SCDHS Southold Torre Planning Board •Board of Review Suffolk County Department of Health Services 220 Rabro Drive East Hauppauge,NY 11788.4290 (631)853-3086 Fax(631)853-3075 l SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF ENVIRONMENTAL QUALITY ARTICLE 2, SECTION 220, SUFFOLK COUNTY SANITARY CODE TO: Linda Mermelstein, M.D., M.P.H.,Acting Commissioner FROM: Walter Dawydiak,Jr., P.E.,J.D.,Acting Chairman, Board of Review SUBJECT: Report of Findings and Recommendations of the Review Board Regarding: Rio-oi-0219 — residence @ Nine Stevens, n/s no.w., 1602 ft.w/o Oregon Rd., Cutchogue—t/o Southold—SCTM: #1000-83-2-10.13 APPLICANT: Louis Corso 13451 Oregon Rd. Cutchogue,NY 11935 NOTICE OF HEARING: October 24, 2002 HEARING DATE: November 14, 2002 STATEMENT OF PROBLEM A"Special Water Supply Restriction" (Commissioner M. Hibberd, 1/28/97) is in effect for an area of Southold Township,including the Southold Landfill and several downgradient parcels (the"Water Supply Restriction Area"). The restriction prohibits the use of new private drinking water supply wells on parcels within the Water Supply Restriction area; connection to a community water supply is an acceptable alternative. The applicant proposes the use of a private drinking water supply well on a parcel within the"Water Supply Restriction"area. FINDINGS AND FACTS 1. Proposed development of a 1.915-acre parcel with a single-family residence. 2. Site is in Groundwater Management Zone #IV. 3. Area is zoned residential. 4. Depth to groundwater is approximately 44 ft. 5. A construction permit for a private water supply well was erroneously issued by the Department on November 28, 2001. In accordance with Article 3,Section 760-305&307 of the Suffolk County Sanitary Code,this permit was suspended by the Department on August 27, 2002,via letter from R. Reynolds, PE to Patricia Moore, Esq. 6. The applicant requests a variance to the Special Water Supply Restriction to permit a private water supply on the parcel. In support of his case,the applicant, and his engineering and consulting team,have submitted several technical and legal documents,including: - Technical Evaluation, Proposed Pumping Well(Environ, November, 2002) • • Linda Mermelstein,M.D.,M.P.H.,Acting Commissioner Hearing Date: November 14, 2002 Subject: Report of Findings and Recommendation of the Board of Review Regarding: Rio-o1-0219 — residence @ Nine Stevens, n/s no.w., 1602 ft. w/o Oregon Rd., Cutchogue—t/o Southold— SCTM: #1000-83-2-10.13 FINDINGS AND FAM(cont'd.) 6. (cont'd.) - Memorandum of Law(Beveridge&Diamond,November 11, 2002) - Part 36o and Phase II Hydrogeologic Investigation Report, Southold Town Landfill (Dvirka&Bartilucci, October 1991) 7. While numerous arguments are presented by the applicant, the most salient elements of the documents,as presented by the applicant in support of his variance application, are summarized as follows: a) LegalArouments i) The applicant claims that the Special Water Supply Restriction is a moratorium on development and that the alleged"moratorium"is unlawful,because it interferes with the reasonable use of the applicant's private property,but is not reasonably calculated to prevent or alleviate any public health threat. Restated,the applicant asserts that the Water Supply Restriction"is not necessary,"and"is not narrowly tailored." ii) The alleged "moratorium"is unconstitutionally indefinite,and represents a permanent taking of property rights. iii) The alleged"moratorium"discriminates against new development,since it allows pre-existing wells to continue to remain in use. b)Technical Arguments i) The on-site test well met drinking water standards at the time of sampling. ii) The applicant claims that adjacent and upgradient wells meet drinking water standards, except for iron. iii) The applicant is not convinced that contamination in well SL-1 (the"Grimm" property) is likely to impact the proposed on-site well. iv) Residences with wells that pre-date the Special Water Supply Restriction are allowed to use the pre-existing wells,without restriction. 8. The Department cites that the test well results on the applicant's property show 1.2 parts per billion(ppb)of dichloropropane. This does not exceed drinking water standard"maximum contaminant levels"of 5 ppb. However,dichloropropane is one of the contaminants specifically cited in the Special Water Supply Restriction as a contamination problem in the Water Supply Restriction Area. Linda Mermelstein,M.D.,M.P.H.,Acting Commissioner Hearing Date: November 14, 2002 Subject: Report of Findings and Recommendation of the Board of Review Regarding: R10-01-0219 - residence @ Nine Stevens,n/s no.w., 1602 ft.w/o Oregon Rd., Cutchogue-t/o Southold- SCTM: #l000-83-2-10.13 FINDINGS AND FACTS(cont'd.) 9. Subsequent to the November 14, 2003 hearing,the Department received a letter from the Suffolk County Water Authority(S.Jones, CEO, Dec. 18, 2003; annexed hereto as"Exhibit A!'). That letter summarizes the Water Authority Board's decision of December 17,2002,to extend public water mains along Cox Lane to Oregon Road. This extension, states the Water Authority,should facilitate access of all homes in the Special Water Supply Restriction Area to public water. DETERMINATION It was a 3 to o decision of the Board of Review("Board")to deny the request for variance. In reaching its determination,the Board need not consider procedural or substantive technical or legal arguments made by the applicant. We do not rule on whether any of the applicant's assertions are accurate,or appropriate. Nor do we pass judgment on conformance with Suffolk County Sanitary Code, Section 76o-6o9 criteria for waivers and variances. Rather,we remand this case for additional Departmental staff review,in light of the extension of public water supply by the Suffolk County Water Authority, and its potential to serve the subject parcel. In this regard, the applicant will need to contact the Suffolk County Water Authority with respect to connection of the proposed development to public water supply. The applicant will then need to provide information to the Department regarding conformance with Section 4o64.11 of the SCDHS Private Water Standards,Access to Public Water(Community Water Supply),which requires connection to reasonably proximate public water supply, irrespective of location in a Special Water Supply Restriction Area. Date Walter Dawydiak,Jr., P.E.,J.D. Acting Chairman - Board of Review 4 i v- F - SUFFOLK COUNTY WATER AUTIiORITY Stephen M. Jones Administrative Offices. 4060 Sunrise Highway, Oakdale, New York 11769-0901 (631) 563-0219 Chef Executive officer Fax (631) 563-0370 December 18, 2002 aFA'9 a�t,4 k �tL tx t�; Eye Y ,f Vito Minei Suffolk County Department of Health Services 220 Rabro Drive East Hauppauge, NY 11788 , ;µr , ' •: 1. VIP- i'p7r Re: Cox Lane water service, Cutchogue Dear Mr. Vnei. En/closed please find some materials that were used by our Board in their deliberations on Tuesday evening December 17, 2002, relative to the provision of public water to the Cutchogue landfill area. The Board voted to give us the green light to proceed, by establishing a $4,528 surcharge for the remainder of Cox Lane and waiving the 50% participation rule in light of the 1997 SCDHS Commissioner's Order. We represented to our Board our optimism at getting a developer contract in place immediately which would substantially reduce the surcharge on Cox Lane and allow the project to expand to include 1400 linear feet of water main westward on Oregon Road from Cox Lane. With the installation of these water mains, we believe all parcels in this moratorium-mapped area will have access to public water. Because of the configuration of the long parcels running from Oregon Road to the bluffs, the existing homes on the bluffs, the proposed home sites on the bluffs and the desire, by the town, to preserve the intervening farmland, we do not propose any water mains running northward from Oregon Road in this area. We feel strongly that drinking water quality will be compromised by dead end mains serving very few homes. We believe service lines coming to vaults along Oregon Road is a better approach, supplemented by developer-installed fire wells near the homes for fire protection. In addition to another mapped Health Department priority area to the west (Duckpond) where we will need 50% participation and a separate surcharge to begin providing service, if the,e are other areas around the landfill where SCDHS feels public treater is warranted, concerns about those areas should be communicated directly to the Vito Minei, SCDHS December 18, 2002 - 2 - town. As I indicated in our recent meeting in town hall, we are trying to respect the water supply map of the town, which is a part of their comprehensive plan. I'm sure they would consider amending the map in response to SCDHS concerns, because any public health-related amendments (such as the addition of Matthews Road in the first phase) would not trigger any pressure for unilateral amendments by the Town Board elsewhere in the town. We will keep you informed on further progress. We believe, depending on the weather and the cooperation by all the involved parties, that this new main could be in service by the latter par. of January. Very truly yours, gVeOfficer SMJ:dmm Enclosures cc: M. LoGrande w/enclosure H. Miller w/enclosure M. Frank w/enclosure P. Ponturo w/aerial M. Trent w/aeria' V T. Wickham w/aerial M '. �2Y•r �, "`YnR�'i'i '45'r R tt �.F e 1 I / / \\ i Paid for by Developer. / Surcharge Area 4 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries November 29, 2004 Jerilyn B. Woodhouse, Chair Southold Town Planning Board -- Town Hall ' 1l 53095 Main Road I — P.O.Box1179 Southold,NY 11971 , '� NOV 2 (BY HAND) I Re: SCTM#1000-83-02-11.5 L--- -;,; SCTM#1000-83-2-12 Conservation Subdivision Dear Mrs. Woodhouse: The subdivision map is in the process of being revised in accordance with the Planning Board's resolution. The Board requested that evergreens be placed along the property line between the dirt road and my client's property. My client pointed out that the land between the dirt road and the proposed road, approximately 10 feet, is heavily vegetated. Enclosed are photos of the existing vegetation. The photographs start at Pole 1 (Oregon Road) and end at pole 10 (end of the subject property). Photograph#11 provides a good example of the density of the vegetation,the plants are even more lush in the Spring/Summer (Photographs taken November 23, 2004). Generally, the Planning Board favors retaining naturally occurring, drought tolerant, vegetation. The natural growth also provides the snow drift protection. Since this "Conservation subdivision" provides for 75% conservation of open space and agriculture along Oregon Road, the placement of evergreens along a naturally occurring vegetated strip is not appropriate. The natural vegetation would have to be cut back to plant evergreen shrubs, if not manicured throughout the year the natural growth will overtake and kill the evergreens. The area is not irrigated and the evergreen shrubs will not survive. My client does not oppose the use of evergreens along the north to screen the homes from Oregon Road, however, this subdivision condition is not appropriate for "Conservation Subdivisions"on Oregon Road. An appropriate landscape plan is being prepared for the board to review. This landscaping will have a chance of survival because it will be maintained and irrigated by the homeowners. Please place this matter before the Planning Board. I wish to be present when the Planning Board discusses the plan so please let me know if it is on for the next meeting. If you wish to discuss this further please do not hesitate to contact me. ours, •ic' . Moore cc: Mr. Corso r 1Road, Cutchogue Typical ' ' 1 Ilr east side of Dignan'sRoad Note: this vegetation is I ' lush through the spring, summer andi w a 11..,5 4" �`1 4 ' it is ' • •.- , � kr 4 • a November 004 ' Road, Cutchogue i s a. a � . i i i <. 4 L"' fir �' 4 �4 �4 � F ii �_y �yT"r..� k� . �, _.. i i «, � �' �, �., itr 3 '. 1 ry Dig n's Road, Cutchogue Pol I A Mi t e - November 23, 2004 Dignan's Road, Cutchogue Pole 4 s I � 1 November 23, 2004 Digna 's Road, Cutchogue Pole 5 Note: letween Poles S & 6 there i a 6 foot opening for a roadw used by the farmer November 23, 2004 Road, Cutcho ue Di nan s oa g g Pole 6 s November 23, 2004 ' Road, Cutchogue Pole 7 I I • r November 2004 ' Road, Cutchogue Pole 8 t F. ,m e � s • tl November 004 N M Dignan's Road, Cutchogue N Pole 9 f � 4 � T , P YI ' bAr IL November 23 2 .0 i r ti k A{ Cji14- Ar, iT r, r.. t r ht � b ~ PLANNING BOARD MEMBERS ��S�FfO(�co •} JERILYN B.WOODHOUSE ,``Z`� G.y P.O. Box 1179 Chair G Town Hall, 53095 State Route 25 COD x Southold, New York 11971-0959 RICHARD CAGGLANO W Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS y�J01 ��0� Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 19, 2004 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Conservation Subdivision of Oregon LLC/Morrell LLC Located on the north side c,Oregon Road, at the terminus of Cox's Lane in Cutchogue SCTM#1000-83-2-11.5 &/12 Zoning District: A-C Dear Mrs. Moore: In accordance with the Conditional Preliminary Approval issued by the Planning Board at their November 8, 2004 meeting and based on the comments and concerns raised by property owners who testified at the public hearing, the following recommendations and/or requirements remain outstanding at this time: 1. Due to the testimony from the public received on November 8, 2004, regarding the frequency and depth of floodwaters in the southwestern corner of the parcel, the Planning Board requests that the development area on Lot 4 be relocated further to the east in order to mitigate the expected flooding impacts in this area. If the development area is not relocated, the Planning Board will require a basic stormwater management plan for the development area that includes proposed grades and elevations of the proposed residence, the retention areas and the control structures along with a statement in the Covenant and Restrictions stating that the applicant chose not to relocate the development area upon Lot 4 and holds the Town of Southold, all Boards and Departments harmless from future legal action resulting from flood damages. 2. As you stated in the November 8, 2004 public hearing in response to public concerns regarding the architecture of the residence upon Lot 4, it is the Planning Board's understanding that the applicant indicated to you that the residence will be designed to fit into the Oregon Road farm community. As such, the Planning Board is requesting a clause within the filed Covenant and Restrictions requiring that the proposed residence within the development area of Lot 4 be constructed in an architectural style characteristic of the farming community along Oregon Road, subject to review by the Architectural Review Board. 3. Five copies of the draft Road and Drainage Plans need to be submitted for review and approval by Jamie Richter of the Office of the Town Engineer. The map will need to be revised to depict a 25' wide right-of-way with 16' of paved surface and a cul-de-sac. 4. The Planning Board is releasing the placement of street trees along the east side of the right-of-way with the understanding that they are to be re-located within the buffers on Lots 1 through 6. Street trees along the west side of the right-of-way should consist of evergreen trees and shrubs that function as a natural snow fence. 5. Preparation of a Draft Declaration of Covenants and Restrictions which must include the following: a. Prior to the commencement of construction, submission of a New York State Department of Environmental Conservation SPEDS General Permit is required. b. Each of the lots on the approved subdivision plat is subject to the clearing rostrictions pursuant to Section A106-56 of the Town Code. c. Road and maintenance agreement. d. Vegetative buffers will be established and maintained in accordance with the approved subdivision plat. Street trees required pursuant to Section A108-45 of the Town Code shall be located in the vegetative buffer areas shown on the plat. Street trees along the west side of the right-of way shall be replaced with evergreen trees or shrubs. e. Right to farm language for the agricultural reserved area of the subdivision plat. 6. The following revisions to the map are required: a. Building envelopes need to shown for each of the lots. b. Clearing calculations in accordance with section A106-56 of the Town Code need to be shown for each lot. c. Vegetative buffers as required by the Planning Board shall be depicted on the plat. The planting specifications shall also be provided and will include the name of the species (including the botanical name), the quantity and the caliper, where applicable. d. Location of the two fire wells as required by the Cutchogue Fire District. 7. Draft bond estimate will need to be submitted to the Planning Board office for review and approval by the Town Engineer. 8. Payment of the Park and Playground Fee in the amount of$21,000 ($3,500 per vacant lot proposed). gny uestions, pi se feel free to contact this office. Senior Planner r • ��SUFFO(,��o •k MAILING ADDRESS: PLANNING BOARD MEMBERS h�� Gy P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair y OFFICE LOCATION: RICHARD CAGGIANO G • 'F Town Hall Annex WILLIAM J.CREMERSyj�ol � 54375 State Route 25 KENNETH L.EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone- 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 9, 2004 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Conservation Subdivision of Oregon LLC/Morrell LLC Located on the north side of Oregon Road, at the terminus of Cox's Lane, in Cutchogue SCTM#1000-83-2-11.5 & 12 Zoning: A-C [sear Ms. Moore: � The Southold Town Planning Board, at a meeting held on Monday, November 8, 2004, adopted the following resolutions: The public hearing was closed. WHEREAS, the proposed action will subdivide a 52.91 acre parcel, inclusive of SCTM#1000-83-2-11.5 and SCTM#1000-83-2-12, into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 29.14 acres which includes 28.22 acres proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 12.17 acres and is proposed for a Development Rights Sale to the County of Suffolk; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the plat dated as last revised on June 30, 2004; and WHEREAS, since granting conditional sketch plan approval, the Town Board enacted a Local Law entitled " A Local Law in relation to a new Chapter A106-Subdivision of Land of the Code of the Town of Southold; and WHEREAS, the Planning Board classifies this subdivision as a Conservation Subdivision pursuant to Chapter A106; therefore be it RESOLVED, that pursuant to Chapter A106, Section A106-60 of the Town Code, the Park and Playground Fee has been reduced to $3,500.00 per buildable lot not improved with an existing single-family residence; and be it further Oregon/Morel] — Page Two — 11/9/04 RESOLVED, that the Southold Town Planning Board grant conditional preliminary plat approval on the map, dated as last revised June 30, 2004, subject to the following conditions: 1. Building envelopes must be shown upon the plat for all proposed lots. 2. Vegetative buffers must be shown upon the plat to mitigate development impacts to the view shed. A table listing the proposed species and specifications must also be shown on the plat. 3. Clearing calculations pursuant to Chapter A106-56 of the Town Code need to be shown for each lot on the map. 4. The location of the two (2) fire wells as required by the Cutchogue Fire District must be depicted on the plat. 5. The submission of a draft bond estimate for the improvements of the 25' wide right-of-way. 6. The submission of five,copies of the draft Road and Drainage Plans for the right-of-way. 7. The submission of proposed pwnership and a Road and Maintenance Agreement for the right-of-w,�y. 8. The submission of a New York State Department of Environmental Protection SPEDS General Permit for the action or a covenant and restriction mandating the securing of the permit prior to any construction activity. Preliminary plat approval is conditional upon the submission of the aforementioned items and the final maps within six months of the date of conditional preliminary plat approval unless an extension of time is requested by the applicant and granted by the Planning Board. Twelve (12) paper prints and four (4) mylars containing a current stamp of Health Department approval must be submitted before a final public hearing will be set. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax::(631)765-4643 October 1 , 2004 VIA HAND DELIVERED Ms . Jerilyn B. Woodhouse, Chairperson Southold Town Planning Board P .O. Box 1179 Southold, NY 11971 RE : proposed conservation subdivision of Oregon LLC/Morell LLC located north of Oregon Road, at the terminus of Cox' s Lane, in Cutchogue SCTM: 1000-83-2-11 . 5 and 12 Dear Chairperson Woodhouse : Enclosed please find the Affidavit of Posting, two (2) Affidavits of Mailing with 8 certified mail receipts and 6 signed return receipt cards for the above referenced matter. I will forward the balance of the return receipt cards upon my receipt of same . Very tr ly yours, P icia C . Moore PCM/mm Enclosures D OCT - 1 2004 D Southold Town Plannln Board AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property k"Wgt3M located on the north side of Oregon Road at the terminus of Cox's Lane in Cutchogue having SCTM #1000-83-2-11.5 and 1000-83-2-12 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 October 4, 2004 return receipt cards of which a o record of every Luba Corso Your Name (print) Signature 13451 Oregon Road, Cutchogue, New York 11935 Address September 23, 2004 Date Notary Public MELISSA MCGOWAN Notary Public,State of New yolk No.4995913 CuaffiW CW F�irpir«Iiia"s v - PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri., 10/1/04 Re: Proposed Manor Conservation Subdivision Oregon LLC/Morel) LLC SCTM#s: 1000-83-2-11.5 & 12 Date of Hearing: Monday, October 4, 2004. 6:10 p.m. AFFIDAVIT OF POSTING by placing the Town's official po Ice(s) within 10 feet of the front property line facing the street re it can be easily seen, and that I have checked to be sure the as remained in place for seven days prior to the date of the PEM 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 September 23, 2004 Melissa McGowan Your Name (print) 7lu?wa Signature 555 Marlene Lane Mattituck, New York 11952 Address September 23 2004 Date Z Notary Publi MARGARET O. RUTKOWSIG Notary Pubo,499t28of Now York Gualiffed In Suffolk Cou Commleeion Expires June 3, © PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 10/1/04 Re: Proposed Maior Conservation Subdivision Oregon LLC/Morel) LLC SCTM#s: 1000-83-2-11.5 & 12 Date of Hearing: Monday, October 4, 2004, 6:10 p.m. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries September 23 , 2004 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED NEIGHBORS Re : Proposed Conservation Subdivision of Oregon LLC/Morell LLC located north of Oregon Road, at the terminus of Cox' s Lane, in Cutchogue SCTM# 1000-83-2-11 . 5 and 12 Dear Neighbor: I represent Oregon LLC and Morell LLC with regard to the property located north of Oregon Road, at the terminus of Cox' s Lane in Cutchogue, New York. An application has been submitted to the Southold Town Planning Board to subdivide a 52 . 91 acre area comprised on SCTM #1000-83-2-11 . 5 and SCTM #1000-83-2-12 into 7 lots where Lot 1 equals 80, 143 sq. ft . , Lot 2 equals 84, 221 sq. ft, Lot 3 equals 80 , 195 sq. ft . , Lot 4 equals 1, 269, 413 sq. ft . which includes 1, 229, 393 sq. ft . proposed for Development Rights Sale to the County of Suffolk and a 40 , 020 sq. ft . building envelope, Lot 5 equals 80, 112 sq. ft . , Lot 6 equals 80, 698 sq. ft . and Lot 7 equals 530, 275 sq. ft . and is proposed for a Development Rights Sale to the County of Suffolk. The public hearing has been scheduled for Monday, October 4 , 2004 at 6 : 10 pm in the Meeting Hall at Southold Town Hall . Enclosed is the Notice to Adjacent Property Owners . If you have any questions, please do not hesitate to contact me . Very truly yours, Patricia C. Moore PCM/Mlit Enclosure cc: Oregon LLC and Morell LLC Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a major conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as fellows: SCTM#s1000-83-2-11.5 & 12; 3. That the property which is the subject of this application is located in the A-C; 4. That the application is to subdivide a 52.91 acre area comprised on SCTM#1000-83-2-11.5 and SCTM# 1000-83-2-12 into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 1,269,413 sq. ft. which includes 1,229,393 sq. ft. proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 530,275 sq. ft. and is proposed for a Development Rights Sale to the County of Suffolk. The property is located n/o Oregon Rd., at the terminus of Cox's La. in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank). Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, October 4, 2004 at 6:10 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's Name(s): Oregon LLC/Morel) LLC Date: 9/20/04 _ a • LLL4I71y/�YCILY.YYNIU]p(r.L7.7�1179:Y L17 � � r` ,, ■ Complete items 1,2,and 3.Also complete A t ature r M1 - Rem 4 R Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addres- ED €� so that we can return the card to you. _ -�- v ■ Attach this card to the back of thece, mailpiBeceiv y(Pr/nted Name) C. offs IY Co , 3 or on the front R space permits. . rL pr! Postage S 1. Article Addressed to: D. Is del address different from item 1?(0 Y{ rq O Certified Fee e 3 If YES,enter delivery address below:. ❑No P RetuReturnReciFee /4 f Here eLieb Vines LLC (Endorsement Required) J oResn eaDerveyFee 14990 Oregon Road (Endorsement Required)Iq Cutchoguey NY 11935 -. Rl Total Postage&Fees -� 3. SeNiCe Type M ®Certified Mall ❑Express Mail Sent To Louls U . prSo, ll orso, ❑Registered ❑ReReceipt for Merchandi o Regina Co so and't pica Cor: ❑Insured Mail ❑C.O.D. M1 POBaLNo orPO6a .;"--"-P.O. BOX 1044 - - Bax No. 4. Restricted Delivery?(Extra Fee) ❑yes city,were,zfP.a Cutch ue NY 11944 - -" " g r 2. Article Number 7223 311p 0201 8552 7113 (llarrslar from service lebeq fn sear ro PS Form 3811,February 2004 Domestic Return Recent IM95-02-rrN+ 0 I North_ Fork R_es rce__s Inc. . _ ll M1 Stieef,Apt No.jc`Q 15OloreS Pr1nC1 1 or Po box lJo. P.O.--Box.-495------------- p ___-----_ Gregory A. Boyd ciN,stare,z�P«d" --- p,P.O. Bax 413 Amaganse t, NY 11930 ' Cutchogue, NY 11935 12:1 3. Service Type o David Zuhoski a Steven Zuhoski ®Certified Mail ❑Express Mail M1 Street,Apr No.;.._................ ......_ __ _. __.__._.___ _ oraaF;Mo. 387Q Bridge Lane 13 Registered ❑Return Receipt for Memhar. ........................... .............................................. ❑ Insured Mail ❑C.O.D_. ciN,srere,nP.4 Cut ho ue NY 11935 - g > Restricted Delivery?(Extra Fee) ❑Yes lrl 2. Article Number 7223 3112 2221 8552 7122 o enr ro bw Rrenyy�f,�„service p Timothy T. Steele & Jeanne F. Ste- _ sf Wgi-----'- -----------------`------- -. M1 srreoc apt.No.; PS Form 3811,February 2004 Domestic Return Recei 102695-02-M or PO eox No. 13795 Oregon Road aiy,siere,"ziv++Cutchogue, . Y 111935 - Mr. and Mrs. Thomas Uhlinger PS Form 3800,June 2002 See P.O. Box 1025 Mill Cutchogue, NY 11935 oSemi o o Mr. and Mrs. Thomas Uhlinger ........................................................ .____..____- 3. Service Type r�- P0-tv or Po eox No. P.O. Box 1025 � ®Certified Mail ❑Express Mail CiN Sfefe,ZIW4 ... ❑Registered 13 Return Receipt for Marchand) ._._. .__ Cutchogu , NY 11935 ❑Insured Mail ❑C.O.D. OF=,"=" 4. Restricted Delivery?(Exec Fee) :[]Yea r3 -Nat Apt No Butkus 2.- - ------------_ 2. Article Number M1 Street a' (ryaps/gr/rpp,serv/ceyban 7223 3112 2221 8552 7126 �- orPOeoxfJo. 255 West 88th Street, Apt ciry.srare,zrP. - - - .................................... PS Form 3811,February 2004 Domestic Return Receipt 102595-02 M-1 New York NY 10024 ,, „ 1 G o senregory tTo A. Boyd Timothy T.._ Steele and o Street, - -- --"Apt.-�--Na-;�-------------------- - -------------- ------- ---------- Jeanne F. Steele _ M1 _ orPoeox No. P.O. �ox 4.1.3 _____ "--_.....-_ 13795 Oregon Road ciy,si�ie:ziv+aCutch� gue, NY 11935 Cutchogue, NY 11935 3. Service Type ®Certified Mall ❑Express Mall ❑Registered ❑Return Receipt for Marchand! l lSent To ❑ Insured Mail ❑C.O.D. _ Lieb Vines LLC - M1 Street,Apt No.; 4. Restricted Delivery?(Extra Fee) ❑Yes or Po6ox No. 14990 Oregon Road city, --------IP+4' " -""""""""""""""""""-------..................' 2. Article Number 70 3112 0001 8552 7168 Cutchogue, NY 11935 (ftensfer from service bill _ r r r ..o __QQ11 ci onru Dom10259502-1 I ■ Complete items 1,2,and 3.Also complete A SSENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ig ature , Rem 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, Q or on the front if space permits. D. Is delivery address different from Rem 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Louis C. Corso, Luba Corso, Regina Corso and Monica Corso P.O. Box 1044 Cutchogue, NY 11944 3. Service Type l Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yas 2. Article Number 7003 3110 0001 8550 7175 (transfer/mm service labeo PS Form 3811,February 2004 Domesti Return Receipt 10259542-MA540 1. Article Addressed to: -�r�----_���� � R YES,emer delivery address t»sdZ16No J5Q North Fork Resources Inc. c/o Dolores Principi P.O. Box 495 Amaganset NY 11930 3. Service Type ®Certified Mail 0 Express Mail ❑Registered ❑Return Receipt for Merchandise 0 insured Mail ❑C.O.D. 4. Restricted Delivery? Fee) 0 Yes 2. Article Number 7003 3110 0001 8550 7137 (transfer fmm service laaeq PS Form 3811,February 2004 Domestic Return Receipt 102595-02-W1540 PLANNING BOARD MEMBER o� oG JERILYN B.WOODHOUSE P.O. Box 1179 Chair o Town Hall, 53095 State Route 25 w x Southold, New York 11971-0959 RICHARD CAGGIANO O Telephone (631) 765-1938 WILLIJ. CREMERS KENNETH L EDWARDS y�0,( �� Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 5, 2004 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Major Subdivision of Oregon LLC/Morrell LLC Located on the north side of Oregon Road, at the terminus of Cox's Lane, in Cutchogue SCTM#1000-83-2-11.5 & 12 Zoning: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, October 4, 2004, adopted the following resolution: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the proposed Major Subdivision of Oregon LLC/Morrell LLC open. The next regularly scheduled Planning Board Meeting will be held on November 8, 2004 at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator • Cog Fkt 4 9 PLANNING BOARD MEMBERS �,ZO Gy P.O.Box 1179 JERILYN B. USE Town Hall, 53095 State Route 25 Chair co T Southold, New York 11971-0959 0 • � Telephone (631) 765-1938 RICHARD CAGGIANO Fax (631) 765-3136 WILLIAM J.CREMERS KENNETH L.EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 23, 2004 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Subdivision of Oregon LLC/Morrell LLC Located on the north side of Oregon Road, at the terminus of Cox's Lane in Cutchogue Zoning District: A C SCTM#1000-83-2-11.5 & 12 9 Dear Mrs. Moore: The Cutchogue Fire District has reviewed the proposed subdivision plan for the, above-referenced property and has recommend 'ed the installation of two (2) i electric firewells in the locations as shown on tie enclosed sketch. A copy o. their correspondence dated September 15, 2004 is also enclosed for your review. The firewells must be depicted on the subdivision map. The Planning Board will be advised of the Fire District's recommendation at the September 27th work session If you have any questions or need additional assistance, please feel free to contact this office. Si e , Anthony . Trezza Senio lanner Enc. CUTCHCGUE FIRE DISTRICT GUTCNDGUI r f * i 260 New Suffolk Road, PO Box 930, Cutchogue, NY 1 1935 r.o. Telephone (631) 734-6907 • Fax (631) 734-7079 75 Years E-mail: cutfd@optonline.net of Service September 15, 2004 Southold Town Planning Board D Mr. Anthony P. Trezza PO Box 1179 SEP 2 2 2004 Southold, NY 11971 Southold Town Ref: Minor Subdivision of Oregon LLC/Morrell LLC Planning Board Dear Mr. Trezza, Thank you for your request for recommendations on fire service needs for the above properties. The board has reviewed the site plan and recommends the placement of two Electric fire wells as follows and returning the drawing indicating same. -well on the curve of the right away south of lot No. 1 1-well on right of way south of Lot No. 5. The wells should meet our specifications and requirement that you have on file. In the event that water mains are installed and connected by Suffolk County Water Authority we would request hydrants in place of the wells. • Should there be further questions, please feel free to contact the board of fire commissioners at any time. Very truly yours, Board of Fire Commissioners Matthew J. Martin District Secretary Cc: Chief Fogarty PLANNING BOARD MEMBERS o�pSUFFO(�coG JERILYN B.WOODHOUSE �� y� P.O. Box 1179 Chairy Town Hall, 53095 State Route 25 a Southold, New York 11971-0959 RICHARD CAGGIANO @� _ -�� Telephone(631) 765-1938 E LLTC WA RS ��� 165-3136 KENNETH L EDWARDS MARTIN H SIDOR 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 in said Town on the 4th day of October, 2004 on the question of the following: 6:00 p.m. Proposed Site Plan for Cutchogue Harbor Marina. The property is located at the intersection of West Road and West Creek Avenue, on the west side of West Creek Avenue, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-110-1-12 6:05 p.m. Proposed Major Conservation'Subdivision Elysian Field,rhe property is located n/o Main Road in Southold, TolNn of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-75-2-2 6:10 p.m. Proposed Major Conservation Subdivision of . The property is located No Oregon Road, at the terminus of Cox's Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-2-11.5 & 12 Dated: 9/20/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, SEPTEMBER 23, 2004 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 • Kalin, Carol From: JOAN ANN [JAWEBER@timesreview.comJ Sent: Monday, September 20, 2004 12:53 PM To: Kalin, Carol Subject: 9/23 Carol: Legal Ad for 9/23 edition received Joan Ann r 9/20/04 PLANNING BOARD MEMBERS O�OSUFFO���oG JERILYN B.WOODHOUSE P.O. Box 1179 Chairy Town Hall, 53095 State Route 25 = Southold, New York 11971-0959 RICHARD CAGGIANO O� _ �� Telephone (631) 765-7.938 R`NNET 1 CR WA RS ���� ��c�,` Fax 1631) 765-3136 KENNETH L. EDWARDS MARTIN H.SIDOR 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 in said Town on the 4th day of October, 2004 on the question of the following: 6:00 p.m. Proposed Site Plan for Cutchogue Harbor Marina. The property is located at the intersection of West Road and West Creek Avenue, on the west side of West Creek Avenue, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-110-1-12 `6:05 p.m. Proposed Major Conservation Subdivision Elysian Field. The property is located n/o Main Road in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-75-2-2 6:10 p.m. Proposed Major Conservation Subdivision of Oregon LLC/Morel) LLC. The property is located n/o Oregon Road, at the terminus of Cox's Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-2-11.5 & 12 Dated: 9/20/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 20th day of September, 2004 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 10/4/04 Reaular Meetina: 6:00 p.m. Public Hearing for the proposed Site Plan for Cutchogue Harbor Marina SCTM#1000-110-1-12 6:05 p.m. Public Hearing for the proposed Major Conservation Subdivision SCTM#1000-75-2-2 6:10 p.m. Public Hearing for the proposed Major Conservation Subdivision of Oregon LLC/Morel) LLC SCTM#1000-83-2-11.5 & 12 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this XAayof;ffipi GV, 2004. Nota Pu lic MELANIE OOROSKI NOTARY No 01Db4634870eW� Qualified in Suffolk County Commission Expires September 3WD�p #7120 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber 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 weeks, successively, commencing on the 23rd day of September 2004. Principal Clerk Sworn to before me this day of4,/9VnI2004 � / LEGAL NOTICE Notice of Public Hearing CHRISTINA VOLINSKI NOTICE IS HEREBY GIVEN that, Turanian to Section 276 of the Town NOTARY PUBLIC-STATE OF NEW YORK Law and Article XXV of the Code of the No. 01-V06105050 Town of Southold,a public hearing will 9uollfleci In Suffolk County be held by the Southold Town Planning Board, at the Town Hall, Main Road, Commission Ekptrls FepfuOfy 28, 2008 Southold,New York in said Town on the 4th day of October,2004 on the ques- tion of the following: 6:00 p.m. Proposed Site Plan for Cutchogue Harbor Marina.The proper- ty is located at the intersection of West Road and West Creek Avenue, on the west side of West Creek Avenue, in Cutchogue, Town of Southold, County of Suffolk, State of New York.Suffolk County Tax Map Number 1000-110-1- 12 6:05 p.m. Proposed Major Conservation Subdivision Elysian Field. The property is located n/o Main Road in Southold,Town of Southold,County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-75-2-2 6:10 p.m. Proposed MajoL Conservation Subdivision of Omgo# LLC/Mcrell LL.C..ghe property is Iccat- ed n/o Oregon Road,at the terminus of Cox's lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-2-11.5&12 Dated:9/20/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B.Woodhouse Chairperson 7120-1T 9/23 CUTCHOGUE FIRE DISTRICT CUTCNOGUI S � T i 260 New Suffolk Road, PO Box 930, Cutchogue, NY 11935 ..o. Telephone (631) 734-6907 • Fax (631) 734-7079 75 Years E-mail: cutfd@optonline.oet of Service September 15, 2004 Southold Town Planning Board p D Mr. Anthony P. Trezza PO Box 1179 SEP 2 2 2004 Southold, NY 11971 Southold Town Ref: Minor Subdivision of Oregon LLC/Morrell LLC Planning BoarA Dear Mr. Trezza, Thank you for your request for recommendations on fire service needs for the above properties. The board has reviewed the site plan and recommends the placement of two Electric fire wells as follows and returning the drawing indicating same. 1-well on the curve of the right away south of lot No. 1 1-well on right of way south of Lot No. 5. The wells should meet our specifications and requirement that you have on file. In the event that water mains are installed and connected by Suffolk County Water Authority we would request hydrants in place of the wells. Should there be further questions, please feel free to contact the board of fire commissioners at any time. Very truly yours, Board of Fire �Commissioners Matthew J. Martin District Secretary Cc: Chief Fogarty µ PLANNING BOARD MEMBERS ���OS�FFO(� �oG • JERILYN B.WOODHOUSE y` P.O. Box 1179 Chair w Town Hall, 53095 State Route 25 = Southold, New York 11971-0959 RICHARD CAGGL4NO O Telephone (631) 765-1938 WILLKENNETH'H L EDWARDS J.CREMERSy�.( O� Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 16, 2004 Matthew Martin, Secretary Cutchogue Fire District New Suffolk Road Cutchogue, New York 11935 Dear Mr. Martin: Enclosed please find one (1) preliminary plan dated last revised June 30, 2004 for the Proposed Minor Subdivision of Oregon LLC/Morrell LLC, located north of Oregon Road at the terminus of Cox Lane, Cutchogue. SCTM# 1000-83-2-11.5 & 12 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. OX 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 y y Anthony . Trezza Senior Planner enc. S:\Planning\2004 Fire District Ref\8.12.04 oregon.DOC PLANNING BOARD MEMBERS D�pS�FFO(,r�o JERILYN B.WOODHOUSE �� Gy� P.O. Box 1179 Chair w = Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RTC14ARD CAGGTANO Q , - Trhohnne (RRI1 7R5-7938 Fax (631) 765-3136 KENNETH L. EDWARDS I MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 2004 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Major Subdivision of Oregon LLC/Morel) LLC Located north of Oregon Road, at the terminus of Cox's Lane, in Cutchogue SCTM#1000-83-2-11.5 & 1000-83-2-12 Zoning District A-C Dear Ms. Moore: The Southold Town Planning BoarJ, at a meeting held on Monday, September 13, 2004, adopted the following resol<+tions: WHEREAS, the proposed action will subdivide a 52.91 acre area inclusive of SCTM#1000-83-2-11.5 and SCTM#1000-83-2-12 into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 29.14 acres which includes 28.22 acres proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 12.17 acres and is proposed for Development Rights Sale to the County of Suffolk; and WHEREAS, on August 9, 2004, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQRA coordination process for this unlisted action; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on the plat last revised July 23, 2004; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action; and be it Morrell/Oregon — Page Two — 9/14/04 FURTHER RESOLVED that the Southold Town Planning Board set Monday, October 4, 2004, at 6:10 p.m. for a preliminary public hearing. 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, October 1, 2004. The sign needs to be returned to the Planning Board Office after the public hearing. Please contact this office with any questions. Very truly yours, Jerilyn B. Woodhouse Chairperson encls. PLANNING BOARD MEMBERS O�OSUFFO(,��,OG • P.O. Box 1179 JERILYN B.WOODHOUSE h`Z` y Chair < Town Hall, 53095 State Route 25 CO3 x Southold, New York 11971-0959 RICHARD CAC('TANO W. Tjj T,1, ,�,n (FR1) 795-7 98,4 n.....iva J. 1,r�.n.v:r.tco �y � �. . . : Fax (631) 765-3136 KENNETH L. EDWARDS 'II01 �a MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant September 13, 2004 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Major Subdivision of Oregon LLC/Morrell LLC SCTM#: SCTM#1000-83-2-11.5 & 1000-83-2-12 Location: Located on the north side of Oregon Road at the terminus of Cox's Lane in Cutchogue SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The proposed action will subdivide a 52.91 acre area inclusive of SCTM#1000-83-2-11.5 and SCTM#1000-83-2-12 into 7 lots, where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq.ft., Lot 3 equals 80,195 sq.ft., Lot 4 equals 29.14 acres which includes 28.22 acres proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq.ft. building envelope, Lot 5 equals 80,112 sq.ft., Lot 6 equals 80,698 sq.ft. and Lot 7 equals 12.17 acres and is proposed for Development Rights Sale to the County of Suffolk. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. No sensitive features exist on site. The determination was based upon the following: SEQR Negative Declaration - Page Two No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; increase in solid waste production; increase in potential for erosion, flooding, leaching or drainage problems are expected to occur if the proposed action is implemented as planned. Note, however, that the Department of Health approval has not been issued, therefore, the feasibility of a septic system and associated impacts (if any) have not been fully evaluated. No removal or destruction of large quantities of vegetation or fauna is expected to occur. No 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. No Critical Environmental Area as designated pursuant to subdivision 617.14(g) is contiguous with the parcel. The proposed action is not in a significant 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 change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health is expected to occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. 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: Anthony P. Trezza, Senior Planner Address: Planning Board Telephone Number: (631) 765-1938 cc: Suffolk County Dept. of Health Suffolk County Water Authority Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant Southold Town Planning Board Ivoiice iu f uiaceni rlup%tIw owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a major conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#s1000-83-2-11.5 & 12; 3. That the property which is the subject of this application is located in the A-C; 4. That the application is to subdivide a 52.91 acre area comprised on SCTM#1000-83-2-11.5 and SCTM# 1000-83-2-12 into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 1,269,413 sq. ft. which includes 1,229,393 sq. ft. proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 530,275 sq. ft. and is proposed for a Development Rights Sale to the County of Suffolk. The property is located n/o Oregon Rd., at the terminus of Cox's La. in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2"d 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, October 4, 2004 at 6:10 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's Name(s): Oregon LLC/Morell LLC Date: 9/20/04 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 i Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri.. 10/1/04 Re: Proposed Maior Conservation Subdivision Oregon LLCIMorell LLC SCTM#s: 1000-83-2-11.5 & 12 Date of Hearing: Monday, October 4, 2004, 6:10 p.m. NOTICE OF PUBLIC HEARING § 58-1 Chapter 68 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [jusTORY.. Adopted by the Town Board of the Town of Southold 12.27-1.996 as Lm .L. No. 26.1996: Amendents noted where applicable.] 68.1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fie a time and place for a public hearing thereon,The board or commission reviewing an application shall provide for the giving of notice; A. .By causing a notice giving the time, date, place and nature of the hearing to he published in the official newspaper within the period prescribed by law. B. 'By requiring the applipsnt to erect the sign provided by / the town, which shag be prominently di piayed on the premises facing each public 6r private street which the property Involved in the application ab- ts,.giving notice of the application, the nature of the approval sought thereby and the time and place of the'public hearing theroon. The sign shall he set back not more than ten (10) foot from the prbperty line. The.sign shall be displayed for a period of notlees than seven (7) days fmmedlately preceding the date .of the public hearing. The.Mlioant or_hiAer.agent shall file an affidavit that s(he hao compiled with rile provision. C. By requiring the applicant to send notice to the owners of record of every property which abate and every property which is across from say public or private street. 6801 t- -� OREGON LLC/MORELL LLC OREGON LLC/MORELL LLC MAJOR 'CONSERVATION SUBDIVISION 1000 -83 =2 - 11 . 5 & 12 Proposal to subdivide a 52.91 acre area comprised on SCTM#1000-83-2-11.5 and SCTM#1000-83-2-12 into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 1,269,413 sq. ft. which includes 1,229,393 sq. ft. proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 530,275 sq. ft. and is proposed for a Development Rights Sale to the County of Suffolk. IRON . - OCTOBER 4 2004 - 6 : 10 P . M . • COUNTY OF SUFFOLK • STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BRIAN L.HARPER,M.D.,M.P.H. COMMISSIONER September 10, 2004 Anthony Trezza Planning Board Office D f� Town of Southold LS D PO Box 1179, 53095 State Rte. 25 Southold, New York 11971 SEP 1 7 2004 RE: Oregon/Morrell Southold Town SCTM#: 1000-83-2-11.5 & 12 ,;,� Dear Mr. Trezza: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated August 10, 2004 concerning the above-referenced project. The Department has no objection to the Town of Southold assuming lead agency. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has received an application for the above-referenced project on August 19, 2004 (HD Ref # S10-04-0014), as required by Article VI of the Suffolk County Sanitary Code. The application is pending review with the Office of Wastewater Management. The applicants must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at ♦DIVISION OF ENVIRONMENTAL QUALITY ♦ OFFICE OF ECOLOGY F RIVERHEAD COUNTY CENTER F RIVERHEAD NY 11901-3397 Phone(631)852-2077 Fax(631)852-2743 the time of SCDHS application. B. SCDHS Jurisdiction The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. The Department appreciates the opportunity to participate in the SEQRA review of this proposal. Additional information may be provided prior to the close of the established comment period. Should you have any questions or require additional information, please feel free to contact the Office of Ecology at 852-2077. Sincerely, / -y✓LG`7��cl Mara Hogan J Environmental Analyst Office of Ecology MH/amf PC: Kimberly Shaw Walter Hilbert, P.E. New York State Department of Environmental Conservation _ Division of Environmental Permits, Region One Building 40-SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0403 FAX: (631)444-0360 - LEAD AGENCY COORDINATION RESPONSE August 16, 2004 Anthony Trezza Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: LEAD AGENCY COORDINATION REQUEST Proposed Major Subdivision of Oregon LLC/Morrell LLC Southold, NY 11971 SCTM# 1000-83-2-11.5 712 Dear Mr. Terezza: This letter is in response to your Lead Agency Coordination Request ofAugust10, 2004 regarding lead agency coordination forthe above project pursuant to the State Environmental Quality Review Act(SEQRA)ofthe Environmental Conservation Lawand it's implementing regulations(6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please advise the applicant that if the property referenced above is located within 300 feet of tidal wetlands, the proposed subdivision will require a Tidal Wetland Permit from this Department. If you have any questions, please call me at 631-444-0403. Sincerely, Sherri Aicher Environmental Analyst 7. i �,� '' AUG ' HOW TO REQUEST DATA FOR A PROJECT SITE From the New York Natural Heritage Program Requests should be submitted in writin . Please send a request letter which provides all of the following information. We will provide a report on the rare species of plants and animals, and on the significant ecological communities, which are or may be in the vicinity of the project site. Requests for data from the New York Natural Heritage Program are handled in the order in which they are received. Faxcd requests are discouraged due to the poor quality of maps. Since our office receives many requests each day, we strongly encourage you to contact us during the early stages of a project. You will receive the official response in writing. NECESSARY INFORMATION - In order for us to determine what data you are requesting and respond to your request more quickly, the following information should be included. If your request lacks this information, our response will be delayed. 1. Write a brief Description of the proposed project or activity (e.g., residential development, landfill siting, bridge repair, communications tower). Include the current use of the project site. 2. Tell us Why you need the data(e.g., environmental assessment under SEQR, wetland permit, management plan, town planning). Include any documents which are expected to include the data (e.g., EAF, DEIS, Phase I Assessment), and, if applicable, the Lead Agency for SEQR review. 3. Include the Name of all counties and towns where the proposed project is located. 4. Include the Name of all 7 V2 minute U.S.G.S. topographical mas where the proposed project is located. 5. Include a Photocopy of the appropriate 7 Yz minute (1.24,000 or 1:25.000 scale,,) U tomographical map(s). Tax maps, architectural drawings or road maps, not useful. 6. Clearly Mark the boundary of the proposed project with a colored pen or him hg ter. EXAMPLE OF A COMPLETE DATA REQUEST: "A 250 unit housing development is proposed for 400 acres in the Town of Red Hook, Dutchess County. The site is currently undeveloped, and mostly wooded with some former agricultural fields. We have been contracted to review the environmental impacts of the project and prepare the Environmental Assessment Form under SEQR to be reviewed by the Town of Red Hook acting as Lead Agency. In order to complete the EAT, we will need to know whether the proposed project would likely impact any ecologically significant areas or rare species of plants or animals. Enclosed is a photo- copy of the Saugerties USGS Quadrangle showing the location of the proposed develop- ment in red." WHERE TO SEND YOUR REQUEST: New York State Department of Environmental Conservation-Information Services 625 Broadway - 5" Floor Albany, NY 12233-4757 Phone (518) 402-8935 FAX (518) 402-8925 PLANNING BOARD MEMBERS o�OgUFFO(,�coG JERILYN B.WOODHOUSE y� P.O. Box 1179 Chair y Town Hall, 53095 State Route 25 RICHARD CAGGIANO O Southold, New York 11971-0959 WILLIAM J.AGGIANCREMES �f' �� Telephone (631) 765-1938 KENNETH L.EDWARDS ��j �a� Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 10, 2004 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Major Subdivision of Oregon LLC/Morrell LLC SCTM#1000-83-2-11.5 & 12 Requested Action: This proposal is to subdivide a 52.91 acre area comprised on SCTM# 1000-83-2-11.5 and SCTM# 1000-83-2-12 into 7 lots where Lot 1 equals 80,143 s.f., Lot 2 equals 84,221 s.f., Lot 3 equals 80,195 s.f., Lot 4 equals 1,269,413 s.f. which includes 1,229,393 s.f. proposed for Development Rights Sale to Suffolk County and a 40,020 s.f. building envelope, Lot 5 equals 80,112 s.f., Lot 6 equals 80,698 s.f. and Lot 7 I equals 530,275 s.f. and is proposed for a Development Rights Sale to AUG ! 3 2004 Suffolk County. - "� The property is located n/o Oregon Road at the terminus of Cox Lane in N.Y. NATO;AL FLTJTAGE Cutchogue. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Anthony Trezza, Senior Planner (631) 765-1938 x 5021 Page 2 Lead Agency Coordination Request The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: ( X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for fur':ner information. Very truly yours, a-'L- aeerilyn B. WWo-odhouse Chairperson cc: Joshua Y. Horton, Supervisor Southold Town Board Patricia Finnegan, Town Attorney Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Suffolk County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher NYSDEC - New York Natural Heritage Program—Albany *Suffolk County Water Authority, John Milazzo, Esq. *Maps are enclosed for your review Enc. 4 PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be cons as part of the application for approval and maybe subject to further verification and public review. Provide any addi Information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not It new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and s each instance. NAME OF ACTION Ox'e-zON LLL LOCATION OF ACTION(Include Street Address,Municipality and County) O2ez�oicr 2cs4�, Gt1TTJ-f06UE5 NAME OF APPLICANTISPONSOR - BUSINESS TELEPHONE ADDRESS Gtt/P0 STATE ZIP CODE Gurc�oav C- AIy !/93J NAME OF OWNER of different) - - BUSINESS TELEPHONE 1 1 ADDRESS CITY/Po STATE ZIP CODE DESCRIPTION OF ACTION f��v£c.[7/�/✓It71/i OF Z 0�[D'T l41vo 5 4_t'0o .0 IC:r2:b N . Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed arnd undeveloped areas. 1. Present land use: ❑Urban ❑Industrial OCommercial OResidential(suburban) ORural inc ❑Forest %Agriculture ❑Other 2. Total acreage of project area: /0- 0'72' acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLEi Meadow or Brushland (Non-agricultural) acres �--- Forested acres Agricultural (Includes orchards, cropland, pasture, etc.) Z acres /Z Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres --- Water Surface Area acres _---- — Unvegetated (Rock, earth or fill) acres _-- — Roads, buildings and other paved surfaces acres Other (Indicate type) acres — 3. What is predominant soil type(s) on project sitel a. Soil drainage: OWell drained 100 % of site ❑Moderately well drained T— % of sit ❑Poorly drained I % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of Land Classification System? Viz- acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes ONO a. What is depth to bedrock? /V1 (in feet) 2 5. Approximate percentage of proposed project site with slopes: 00-10% (Da % 010-15% 015% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nation Registers of Historic Places? Dyes *0 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes B. What is the depth of the water table? -"-yo (in feet) 9. Is site located over a primary, principal, or sole source aquifer? $Yes ONO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Oyes ANO 11. Does project site contain any species of plant or animal life that is identified as threatened or endangerei OYes ONO According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formation Oyes NNO Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation are. OYes l�No If yes, explain 14. Does the present site include scenic views known to be important to the communityl OYes ONO f)(„t?fLi1L7U�E 15. Streams within or contiguous to project area: /✓/4 a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: /141,4 a. 'Name b. Size (Ir. acres) 17. Is the site served by existing public utilities? Dyes NNo a) If Yes, does sufficient capacity exist to allow connection? OYes ONO b) If.Yes, will improvements. be necessary to allow connection? PYes ONO 18. Is the site located in an a ricuitural district certified pursuant to Agriculture and Markets Law, Article 25-A Section 303 and 304? WYes ONO 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 617? OYes PNo ' 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes IRNo B. Project Description 1. Physical dimensions and scale of project(fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor S-L acres. b. Project acreage to be developed: acres initially; _ AX ri acres ultimately. c. Project acreage to remain undeveloped w acres. d. Length of project, in miles: !� (If appropriate) e. if the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing A/l,+ ; proposed g. Maximum vehicular trips generated per hour NLa • (upon'completion of project)? In. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 1. Dimensions (In feet) of largest proposed structure d height L 60 width; cd 60 length. J. Linear feet of frontage along a public thoroughfare project will occupy as1 t(N ft. 3 : 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? tons/cubic yai 3. Will disturbed areas be reclaimed? Dyes ONO j*/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Oyes ONO c. Will upper subsoil be stockpiled for reclamation? Dyes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 7 acres. 5. Will any mature,forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes �$No 6. If single phase project: Anticipated period of construction Z_ months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demoliti c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ONO 8. Will blasting occur during construction? ❑Yes ')�No 9. Number of jobs generated: during construction /o ; after project is complete 10. Number of jobs eliminated by this project C 11. Will project require relocation of any projects or facilities? Dyes ONO If yes, explain 12. )s surface liquid waste disposal involved? Dyes )9No ---- a. If yes, indicate type of waste (sewage industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? PYes ONO Type -Z hom[S 14. Will surface area of an existing water body increase or decrease by proposal? Dyes lNo Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes XNO 16. Will the project generate solid waste? )P9Yes ONO a. If yes, what is the amount per month tons - 01114 � b. If yes, will an existing solid waste facility be used? PYes ONO c. If yes,.give name TA?,o9A 4t�J� '4rXN ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Oyes 'OdNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes *0 a. if yes, what is the anticipated rate of disposal tons/month. b. If yes, what is the anticipated site life? years. /vb Qrn4t- 18. Will project use herbicides or pesticides? Oyes ❑No — At',94G0(-7V 44 19. Will project routinely produce odors (more than one hour per day)? Dyes ONO 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes Iallo 21. Will project result in an increase in energy use? Wes ONO If yes , indicate type(s) Z t&5 efenrl5 — 22. if water supply is from wells, Indicate pumping capacity. yb gallons/minute. 23. Total anticipated water usage per day ``pO gallons/day. 24. Does project involve Local, State or Federal funding? Dyes ON If Yes, explain 4 25. Approvals Required: Submit Type Dale City, Town, Village Board s City, Town, Village Planning Board Yes ONot 6pIV"r5/Bw 372p City, Town Zoning Board ❑Yes Wo City, County Health Department '4Yes ONo Other Local Agencies ❑Yes KNo Other Regional Agencies )4Yes ONo ,5/9tE OF bCy.I%lG/f�— C State Agencies ❑Yes ONo Federal Agencies ❑Yes ONo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? Ayes ONo If Yes, indicate decision required: ❑zoning amendment Ozoning variance ❑special use permit subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? 40 ` 2 Ayre 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 40/5 4. What is Y;e proposed zoning of the site? Z 5. -What is the maximum potential development of the site if developed as permitted by the proposed zoning? 8 Lo75 . 6. IsAhe proposed action consistent with the recommended uses in adopted local land use plans? PllYes 7. What are the predominant land use(s) and zoning classifications within a 1/. mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/. mile? AXes 9. If the proposed action is the subdivision of land; how many lots are proposed? oz— a. What is the minimum lot size proposed? 6)6, ooco f 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes 11. Will the proposed action create a demand for any community provided services (recreation, education, p fire protection)? ))Yes ONo a. If yes, is existing capacity sufficient to handle projected demand? PYes ONo 12. Will the proposed action result in the generation of traffic significantly above present levels? OYes' a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any a, impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitlg avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor /P /ten L e Date 3--Z;1 -0Z _ Signature/ ^ Title If the action is in the Coastal Area, and you are a state agency,complete the Coastant Form before pros+ with this assessment. 5 PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE C y� P.O. Box 1179 Chair - Town Hall, 53095 State Route 25 COD = Southold, New York 11971-0959 RICHARD CAGGLANO O • Telephone (631) 765-1938 KENNE'H L EDWARDS J.CREMERSy��j �a0� Fax(631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 16, 2004 Matthew Martin, Secretary Cutchogue Fire District New Suffolk Road Cutchogue, New York 11935 Dear Mr. Martin: Enclosed please find one (1) preliminary plan dated last revised June 30, 2004 for the Proposed Minor Subdivision of Oregon LLC/Morrell LLC, located north of Oregon Road at the terminus of Cox Lane, Cutchogue. SCTM# 1000-83-2-11.5 & 1� O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. 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. Ve4P2'� Anthoezza Senior Planner enc. S:\Pianning\2004 Fire District Ret\8.12.04 oregon.DOC • o�oS�FFOLK40oO • p.0.Box 1179 'yJ� Town Hall, 53095 State Route 25 pLANNING BOARD MEMBERS � Southold,New York 11971-0959 JERILYN B.WOODHOUSEW z Chair Telephone (631) 765-193 WO • Fax(631) 765-3136 RICHARD CAGGIANO WILLIAM J.CREMERS KENMAEDS MARTIN H.S DOR pLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Jamie Richter, Office of the Town Engineer From: Anthony Trezza Senior Planner Date: August 16, 2004 Re: Minor Subdivision of Ore on LLCIMorrell LLC SCTM #: 1000-83 2-11.5 & 12 and is located on The subject property is zoned Agricultural-Conservation (AC) rue The the north of Oregonrised of SCTM# 1000-83 Road at the terminus of Co: Lane in Cu c o.,i proposed action will subdivide a 52.91 acre area of i 1,269,4s113 s.f. which 2-11.5 and SCTM# 1()00-83-2-12 equals 80 195 s.f s Lot 4 egot l equals le to Suffolk County equals 84,221 s.f., Lot 3 equ equals 80,698 s.f. includes 1,229,393 s.f. proposed for Development Rights a and a 40,020 building envelope, Lot 5 equals for a DevelopmentRights Sale to and Lot 7 equals 530,275 S.f. and is proposed Suffolk County. our office upon receipt of the We are preparing to make a formal submission tthat the property owner will be road and drainage plan. It is our understanding making the submission in the near future. S:\Planning\2004 Town Engineer Ref\8.12.04 oregon.doc PATRICIA C. MOORE, ATTORNEY AT LAW 51020 Main Road, Southold, NY 11971 (631) 765-4330 DATE U �� TO we d "`�CU2I /QQsFG tuq O�Lf SUBJECT Clt—e fn Ue oi-Gd 7)).oA ij Ccs. Ccu�ti� _ J /�[n�ua�� �a out /,�` y'ue�� .�-ccCL'o.,d(d �a✓-F ��cQ` �✓c _ �� aaQitrcalru ofrP�mi� cau �o� Ve,i ..SIGNED ._ i • gUFFO(,� PLANNING BOARD MEMBERS Q�Q CO JERILYN B.WOODHOUSE �Q Gy� P.O. Box 1179 Chairw Town Hall, 53095 State Route 25 Z Southold, New York 11971-0959 RICHARD CAGGIANO O Telephone(631) 765-1938 KENN WILLTMH L. EDWARDS J. CREMERSy�0,( �aQ� Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 10, 2004 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Minor Subdivision of Oregon LLC/Morrell LLC Located n/o Oregon Rd., at the terminus of Cox's La. in Cutchogue SCTM#1000-83-2-11.5 & 1000-83-2-12 Zoning: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, August 9, 2004, adopted the following resolutions: WHEREAS, the proposed action will subdivide a 52.91 acre area comprised on SCTM#1000-83-2-11.5 and SCTM# 1000-83-2-12 into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 1,269,413 sq. ft. which includes 1,229,393 sq. ft. proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 530,275 sq. ft. and is proposed for a Development Rights Sale to the County of Suffolk; and WHEREAS, the applicant has submitted a contract, dated February 9, 2004, indicating that the Development Rights upon 40± acres of cropland will be sold to the County of Suffolk; and WHEREAS, the area proposed for Development Rights Sale is equal to 76 percent of the buildable parcel area and exceeds the 75 percent requirement pursuant to Local Law No 3 of 2002 et. al.; therefore, be it RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this Unlisted Action; and be it FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the plat, dated & last revised on June 30, 2004, subject to the following conditions: 0 0 Oregon LLC/Morrell LLC — Page Two — 8/10/04 1. Please show building envelopes upon the plat for all proposed lots. 2. Oregon Road is a recognized scenic area important to the community. The Planning Board has requested vegetative buffers upon the plat to mitigate development impacts to the view shed. Please show vegetative buffers upon the plat and list all proposed species and specifications. 3. The submission of a New York State Department of Environmental Protection SPEDS General Permit for the action or a covenant and restriction mandating the securing of the permit prior to any construction activity. 4. The submission of proposed ownership and a Road and Maintenance Agreement for the right-of-way. 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 five (5) mylars, must contain a current stamp of Health Department approval E;nd 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 $30,000 ($5,000 per vacant lot in the subdivision). The plat has been referred to the Town Engineer, Suffolk County Planning Commission and the Cutchogue Fire District for review and comment. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn Chairperson cc: Melissa Spiro, Land Preservation Coordinator • �gUFFO(,�c PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE _� y� P.O. Box 1179 Chairy Town Hall, 53095 State Route 25 PP7Z Southold, New York 11971-0959 RICHARD CAGGIANO O Telephone (631) 765-1938 KENN WILLTH L EDWA DS J. CREMERSy�0,( p� Fax (631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 10, 2004 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Major Subdivision of Oregon LLC/Morrell LLC SCTM#1000-83-2-11.5 & 12 Requested Action: This proposal is to subdivide a 52.91 acre area comprised on SCTM# 1000-83-2-11.5 and SCTM# 1000-83-2-12 into 7 lots where Lot 1 equals 80,143 s.f., Lot 2 equals 84,221 s.f., Lot 3 equals 80,195 s.f., Lot 4 equals 1,269,413 s.f. which includes 1,229,393 s.f. proposed for Development Rights Sale to Suffolk County and a 40,020 s.f. building envelope, Lot 5 equals 80,112 s.f., Lot 6 equals 80,698 s.f. and Lot 7 equals 530,275 s.f. and is proposed for a Development Rights Sale to Suffolk County. The property is located n/o Oregon Road at the terminus of Cox Lane in Cutchogue. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Anthony Trezza, Senior Planner (631) 765-1938 x 5021 Page 2 Lead Agency Coordination Request The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: ( X) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, �J Yenlyn B. Woodhouse Chairperson cc: Joshua Y. Horton, Supervisor Southold Town Board Patricia Finnegan, Town Attorney Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Suffolk County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher NYSDEC - New York Natural Heritage Program —Albany *Suffolk County Water Authority, John Milazzo, Esq. *Maps are enclosed for your review Enc. PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be cons as partof the application for approval and may be subject to further verification and public review. Provide any addi information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not it new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and s each instance. NAME OF ACTION LOCATION OF ACTION Qnclude Street Add(ess, Munlclpallly and County) p�onr 2cs4�, �1TrffO6Ury NAME OF APPLICANTISPONSOR - BUSINESS TELEPHONE ADDRESS P' D .Qrvr �Zb'9 CITYaPO /, 'rLO�u STATE LP CODE 1193�' NAME OF OWNER(It dlfterent) - BUSINESS TELEPHONE t 1 ADDRESS CITYIPO STATE LP CODE DESCRIPTION OF ACTION Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed tnd undeveloped areas. 1. Present land use: - OUrban ❑Industrial OCommercial OResidential(ruburban) ORural(no ❑Forest tAgriculture . OOther 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLEI Meadow or Brushland (Non-agricultural acres , Forested acres — Agricultural (Includes orchards, cropland, pasture, etc.) L acres Z Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres Water Surface Area acres Unvegetated (Rock, earth or fill acres Roads, buildings and other paved surfaces acres Other (indicate type) acres 3. What is predominant soil type(s) on project site? a. Soil drainage: OWeli drained /40 % of site ❑Moderately well drained % of sit ❑Poorly drained % of site b. If any agricultural land Is involved, how many acres of soil are classified within soil group 1 through 4 of Land Classification System? /'Z- acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? Oyes ONo a. What is depth to bedrock? -/N/A (in feet) 2 5. Approximate percentage of proposed project site with slopes: 00-10% (Da % 010-15% 015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nation Registers of Historic Places? Oyes *0 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? y ❑Yes /-- 8. What is the depth of the water table? s yo (in feet) 9. Is site located over a primary, principal, or sole source aquifer? OYes ONO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Oyes ,K'1 0 11. Does project site contain any species of plant or animal life that is identified as threatened or endangers, Oyes ONO According 4o Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formation Oyes tANo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation are OYes 1PNo If yes, explain 14. Does the present site include scenic views known to be important to the community? OYes KNo 4o916-1-4L7VeC 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area. N/A a. Name b. Size (in acres) 17. Is the site served by existing public utilities? OYes NNo a) If Yes, does sufficient capacity exist to allow connection? OYes ONo b) If Yes, will improvements. be necessary to allow connection? IPYes ONO 18. Is the site located in an a ricultural district certified pursuant to Agriculture and Markets Law, Article 25-A Section 303 and 304? 4Yes ONO 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 617? OYes PNo - 20. Has the site ever been used for the disposal of solid or hazardous wastes? Oyes )qNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor - acres. b. Project acreage to be developed: acres initially; _ acres ultimately. c. Project acreage to remain undeveloped 17-- acres. d. Length of.project, in miles: (If appropriate) e. if the project is an expansion, indicate percent of expansion proposed %; I. Number of off-street parking spaces existing N/+ ; proposed g. Maximum vehicular trips generated per hour N/R (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 4 Ultimately A- 1. Dimensions (In feet) of largest proposed structure height; L 60 width; P fob length. 1. Linear feet of frontage along a public thoroughfare project will occupy is? y° ft. 3 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? tons/cubic yai 3. Will disturbed areas be reclaimed? ❑Yes ONo */A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Oyes ONo c. Will upper subsoil be stockpiled for reclamation? Dyes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed4rom site? acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes �§No 6. If single phase project: Anticipated period of construction months, (including demolition). _ 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demoliti c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONo 8. Will blasting occur during construction? Oyes 1uvo 9. Number of jobs generated: during construction /o ; after project is complete O 10. Number of jobs eliminated by this project C 11. Will project require relocation of any projects or facilities? Oyes Wo If yes, explain 12. Is surface liquid waste disposal involved? OYes )141No -- a. If yes, indicate t1pe of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? IX Yes ONo Type ^'—Z 14"n L' 14. Will surface area of an existing water body increase or decrease by proposal? OYes 1QNo Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes 040 16. Will the project generate solid waste? )JYes ONo a. If yes, what is the amount per month tons - b. If yes, will an existing'solid waste facility be used? Psyes ONo c. If yes,.give name '501MOLO �Plf7OAj ; location �OTZ/fDbGlE d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? . OYes �No e. If Yes, explain 17. Will the project involve the disposal of solid waste? Oyes *0 a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. /vrd ar"9-4 18. Will project use herbicides or pesticides? Oyes ONo — AL94C4J(.Z��1 OeilGr��3 19. Will project routinely produce odors (more than one hour per day)? OYes 040 20. Will project produce operating noise exceeding the local ambient noise levels? Oyes �Z`No 21. Will project result in an increase in energy use? lSYes ONo If yes , indicate type(s) Z fus dencls — 22. If water supply is from wells, indicate pumping capacity. ° ya gallons/minute. 23. Total anticipated water usage per day 2000 ' gallons/day. 24. Does project involve Local, State or federal funding? Oyes ON If Yes, explain -- 4 25. Approvals Required: Submit Type Date City, Town, Village Board s City, Town, Village Planning Board `4Yes ONozJP DIV"r5/BYd 322D City, Town Zoning Board ❑Yes I$No City, County Health Department '4Yes ONo fz�,�✓ Other Local Agencies ❑Yes CgNo Other Regional Agencies )Yes ❑No JrALE OF Pey L!1,6! - State Agencies ❑Yes ONo Federal Agencies OYes ONo C. Zoning and Planning Information 1 - Does proposed action involve a planning or zoning decision? .Yes ONo If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? AO ` r�2 A=rm 3. What is the maximum potential development of the site if developed as permitted by the present zoning? L? 40 15 . 4. What is the proposed zoning of the site? Z- 5. 5. -What is the maximum potential development of the site if developed as permitted by the proposed zoning? e? Lo7. - 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? PrYes 7. What are the predominant land use(s) and zoning classifications within a r/ mile radius of proposed action? 2Ps.�%�nfJ� — -�}Z/riccr.ffr�r�e� 8. Is the proposed action compatible with adjoining/surrounding land uses within a r/. mile? CEfxes 9. If the proposed action is the subdivision of land, flow many lots are proposed? _ oZ a. What is the minimum lot size proposed? 8(0 ooco > 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes 11. Will the proposed action create a demand for any community provided services (recreation, education, p fire protection)? ))Yes ONo a. If yes, is existing capacity sufficient to handle projected demand? MYes ONo 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes' .i a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any ar impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitig avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Date 3""adz Signature/ r ^ Title If the act on tt In the Coastal Area, and you are a stale agency, complete the Coastal etsment Form before pros with this assessment. 5 PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be tons as partof the application for approval and may be subject to further verification and public review. Provide any add information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not i new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and each instance. NAME OF ACTION LOCATION OF ACTION(Include Street ddress, Municipality and County) 40 NAME OF APPLICANTISPONSOR - BUSINESS TELEPHONE ADDRESS , e7 13 6_X IZ Q9 GTYIPO �+ CJ - ST/q�TAE/ ZIP CODE_ NAME OF OWNER of different) - - BUSINESS TELEPHONE ADDRESS - - CrryfPO - STATE ZIP CODE DESCRIPTION OF ACTION �/ Lvt /nrnoY 5"I1,dtv, 5-ior — CCIASe'•Llc *&7% �ulzltvcsrer, 5R/c of Qe r c%rrrrn f �c9k/s //Z63� 6 %Fl Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) ❑Rural(m ❑Forest )AAgri'culture . ❑Other 2. Total acreage of project area: 3 40' acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLE' Meadow or Brushland (Non-agricultural) acres Forested acres / Agricultural (includes orchards, cropland, pasture, etc.) Ifo acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres Water Surface Area acres Unvegetated (Rock, earth or fill) acres Roads, buildings and other paved surfaces acres Other (Indicate type) acres 3. What is predominant soil type(s) on project site? L-0a;ln Scrnd a. Soil drainage: ❑Well drained !DO % of site ❑Moderately well drained , % of si ❑Poorly drained - % of site b. If any agricultural land Is involved, how many acres of soil are classified within soil group 1 through 4 of Land Classification System? 3 acres. (See 1 NYCRR`3770). 4. Are there bedrock outcroppings on project site? ❑Yes OW0 a. What is depth to bedrock? (in feet?/ _ 2 S. Approximate percentage of proposed project site with slopes: 110-10% 106, V. 010-15% -015% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Natioi Registers of Historic Places? Dyes o 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes 'JI 8. What is the depth of the water table? '/O '- (in feet) 9. Is site located over a primary, principal, or sole source aquifer? KYes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes XNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangere Dyes %No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formatiot ,Dyes YINo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation are QYes �RJNo If yes, explain Ani5"AA/G i 14. Does the present site include scenic views known to be important to the community? Oyes PNo 7fqrtodQ(vim . 15. Streams within or contiguous to project area: !y/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: A//,* a. 'Name b. Size (In acres) 17. Is the site served by existing public utilities? Oyes �dNo a) If Yes, does sufficient capacity exist to allow connection? Oyes ❑No b) It Yes, will Improvements be necessary to allow connection? yes ONo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-A Section 303 and 304? Myes ONo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 617? Oyes PNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? Oyes 3INo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor �b acres. b. Project acreage to be developed: 6 acres initially; 17 _ acres ultimately. c. Project acreage to remain undeveloped -31 acres. d. Length of.project, in miles: _ e%A (If appropriate) e. if the project is an expansion, indicate percent of expansion proposed NA %; f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially O Ultimately q 1. Dimensions (In feet) of largest proposed structure height; Q �,d width; a 66, length. j. Linear feet of frontage along a public thoroughfare project will occupy Isl y� ft. 3 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? tons/cubic yai 3. Will disturbed areas be reclaimed? OYes ❑NoNIA a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ONO c. Will upper subsoil be stockpiled for reclamation? Dyes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed 4rom site? acres. S. Will any mature forest (over 100 years Iold) or other locally-important vegetation be removed by this project? OYes ( NO 6. If single phase project: Anticipated period of construction fy months, (including demolition). _ 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demoliti c. Approximate completion date of final phase month year. d- Is phase 1 functionally dependent on subsequent phases? Dyes ONO 8. Will blasting occur during construction? Oyes �6NO 9. Number of jobs generated: during construction /o ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? Oyes XN0 If yes, explain 12. is surface liquid waste disposal involved? Dyes ONO - - a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? OYes ONO Type 14. Will surface area of an existing water body increase or decrease by proposal? OYes �10 Explain 15. is project or any portion of project located in a 100 year flood plain? OYes AISIO 16. Will the project generate solid waste? OYes ONO a. If yes, what is the amount per month V-6 ton3 b. If yes,SyYvvilppl an exist] solid waste facility be used? WIYes ONo C. if yes iveme 5kftIn locationel �! o d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes Cdo e. If Yes, explain 17. Will the project involve the disposal of solid waste? /Pf��yes ONO , a. If yes, what is the anticipated rate of disposal? � tonstmonth. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? PYes ONO CUsTtnThu� i9bR�LvtTv�'A"[ pe1t71C�'-c 19. Will project routinely,produce odors (more than one hour per day)? Dyes *10 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes *0 21. Will project result in an increase in energy use? %Yes ONO If yes„ indicate type(s) LIPA P?,�;,1 OalCeS — 22. If water supply is from wells, indicate pumping capacity. #Wyn gallonslminute, 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? OYes DI:No If Yes, explain 4 r 25. Approvals Required: - - Submi Type Dab City, Town, Village Board 0Yes N No City, Town, Village Planning Board MYes ❑No Loi SL/24U1'.s�ayl j'ZZ OX City, Town Zoning Board Dyes KNo City, County Health Department 'pYes ❑No Tri rrr#c Other Local Agencies 'OYes ❑No 19 0 `'d0 Other Regional Agencies 11Yes ❑No State Agencies ❑Yes ❑No Federal Agencies Dyes ❑No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? lxyes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? �- 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4: .:What is the proposed zoning of.the.site? /� - / G 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? `� Lots 6. Iv%the proposed action consistent with the recommended uses in adopted local land use plans? Yes 7. What are the predominant land use(s)�7and zoning classifications within a r/ mile radius of proposed action? ees,cf2vtfzr� - 7rgru�Fi�ri� 8. Is the proposed action compatible with adjolningfsurrounding land uses within a 1/. mile? '0Yes 9. If the proposed action is the subdivision of land; how many lots are proposed? L� Loh a. What is the minimum lot size proposed? Sr-y' eD0O7` 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OY 11 . Will the proposed action create a demand for any community provided services (recreation, education, 1 fire protection)? 'P,yes ONo a. If yes, is existing capacity sufficient to handle projected demand? oyes ONo 12. Will the proposed action result in the generation of traffic significantly above present levels? OYes(:"!: a. If yes, is the existing road network adequate to handle the additional traffic? OYes ❑No D. Informational Details Attach any additional Information as may be needed to clarify your project. If there are or may be any a• impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitig avoid them. E. Verification 1 certify that the information provided above is true to the best of my knowledge. APPlicant/$pprr3o Mo It /I e Date 3- �� o signature Title If the a It In the Coastal Area, and you are a state agency,complete the Coastal ssetsmant Form before pros with this assessment. 5 r77r- PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 April 21 , 004 Mr . Mark Terry Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, NY 11971 RE : Morell , LLC and Oregon, LLC Dear Mr. Terry: As per your request, enclosed please find copies of the Deeds for Morell , LLC and Oregon, LLC . If you have any questions, or need anything else, please do not hesitate to contact me . Very truly yours, Patricia C . 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Y qe;}r, � .a. +r . ♦gr� .4.� .kR ,2 ..>. + . ;+. -s I .a x CI''b 41 I I'o It 04 -qRt W tL _ 04,,13:2004 09:07 FAA 0918555905 S. C. VIV. REAL ESTATE 10 U01 _ COUNTY OF SUFFOLK APR 1 STEVE LEVY SUFFOLK COUNTY EXECUTIVE Southold Town Patricia B.Zlelenski DEP Division Director TELEFAX COVER SHEET DIVISION OF REAL ESTATE L -r,,,, FAX#631-853''--Q59p05 �p TO: Not T - �Ur1 ZQQ -?4 FROM: I�o� DATE: n � 3 —o L. SUBJECT: Number of pages(including cover sheet) �3 If all pages are not received, please call 631-953-59 Z COMMENTS: 41 ?L -7v CM ✓ q; t P !L �0�-r I C'fn THE DOCUMENTS ACCOMPANYING THIS MESSAGE ARE INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE,DISSEMINATION,DISTRIBUTION OR COPYING OF THE COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERRORXLEASE NOTIFY US IMMEDIATELY BY TELEPHONE,AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE.THANK YOU. LOCATION MAILING ADDRESS H.LEE DENNISON SLDG.•e Floor P.0.BOX e1 DD (881)059-ST2 100 VETERANS MEMORIAL HIGHWAY HAUPPAUOE,NY11708-0999 FAX(031)SM4908 04/13/2004 09:07 FAX 0018305905 S. C. DIV. 1,EAL ESTATE 10 002 i reserves the right,upon obtaining a survey and inspecting the premises in relation thereto,to hold a public hearing on said purchase and acquisition, and thereafter,either cancel this agreement if the premises are not entirely used or suitable for agricultural production or to accept that portion of the premises which is suitable for agricultural production, as herein defined, in which case the price will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth, 4. The price is ONE MULLION ONE HUNDRED THIRTY-SIX THOUSAND and 00/100($1,136,000.00)DOLLARS,based on the representation of the SELLERS that the premises contain 40± acres of cropland,the development rights of which are valued at TWENTY- EIGHT THOUSAND FOUR HUNDRED and 00/100($28,400.00)DOLLARS per acre. The coMutation of acreage to determine purchase pdce shall not include land contained in the bed of Agy easement,public road, private road,any land as to which any other Verson or the public may have AM rijbts.any wetlands riparian lands littoral lands and/or body of water,but title to the Development Rights to all such areas as the SELLERS may have shall,nevertheless, be conveyed to the PURCHASER. The price will be adjusted to the actual acreage to be determined by a survey,as set forth below. PURCHASER will have the premises surveyed by a professional engineer or licensed land surveyor of its choice, at its expense,to determine the actual acreage of the area suitable for agricultural production. If the SELLERS are dissatisfied with the PURCHASER'S survey,SELLERS may have the premises surveyed by a licensed land surveyor of their choice, at their expense, to determine the actual acreage of the area suitable for agricultural production. If there is a substantial variation between the two survf,ys,the actual acreage of the area suitable for agricultural production for the purpose of this contract shall be determined by a third surveyor to be selected by the first two surveyors. The'determination of the third surveyor shall be binding, and the third surveyor's cost shalt be borne equally by the SELLERS and PURCHASER. If a SRL.L.RRS'survey or a third survey is secured,the recomputation of acreage to determine purchase price shall not include land contained in the bed of any easement public road private road any land as to which any other person or the public may have any righty any wetlands rivarian lands littoral lands and/or body of water,but title to the Development Rights to all such areas as the SELLERS may have shall,nevertheless,be conveyed to the PURCHASER. There shall be no other adjustments or apportionments. The aforestated price for the total acreage as noted above shall be pavable by Suffolk County check at the time of closing, subject to paragraph 8 of this agreement. 5. The deed shall be in the form approved by the Suffolk County Attorney,and shall be duly executed and acknowledged so as to convey to the PURCHASER, the Development Rights of the said premises,free of all liens and encumbrances,except as herein stated. If the SELLERS are limited liability companies,they will deliver to the PURC1-1-4SER at the time of the delivery of the deed hereunder, a copy of their articles of organization and any subsequent certificates pertaining thereto,proof of publication of the same, and affidavit of appropriate member(s)or manager(&), that the aforestated documents are still in effect,that they and this transaction are in compliance with Articles U and IV of the Limited Liability Company Law, and that those executing the documents effectuating this transaction have the authority to do so. 6, Any stems paid on account of this contract and the reasonable expenses of the examination of the title to said premises and of the survey,if any, made in connection therewith 2 04:13;2004 09:09 FAX 6318535905 S. C. DIV. RE.sL ESTATE 10003 J are hereby made liens on said premises,but such liens shall not continue after default by the PURCHASER under this contract. 7. A. Subdivision shall be defined as the division of the land covered by the development rights into two or more parcels in whole or in part. B. The SELLERS covenant and agree that the underlying fee title retained by the SELLERS may not be subdivided into plots by the filing of a subdivision map pursuant to§§276 and 277 of the Town Law and/or§335 of the Real Property Law,without the written recordable consent of PURCHASER. C. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin,by will or by operation of law,or with the written recordable consent of the PURCHASER. D. Any subdivided parcels would be subject to the requirement that they be used for agricultural production as defined herein. Subdivision shall not include the right to construct any new structures or relocate any existing structures,except as would otherwise be permitted herein. E. Pursuant to Suffolk County Code §8-5(E)(2)and Suffolk County Administrative Code §A14-32, a proposed subdivision shall be reviewed by the Farmland Committee and its recommendation Nnall be forwarded to the County Legislature for further consideration. F. If Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition,the following sub-paragraphs shall apply: (1) Lots created by the proposed subdivision shall remain viable for agricultural production,either individually or as part of an established fanning operation. (2) The United States Secretary of Agriculture shall be notified prior to granting such permission for a subdivision. The provisions of this section shall survive delivery of the instrument of conveyance and shall be considered a covenant running with the land in perpetuity and shall be binding upon the SELLERS,their heirs, successors and assigns, and shall inure to the benefit of the PURCHASER and its successors and assigns. 8. Said development rights to the premises herein are to be conveyed subject to: (a)no mortgages,liens,or encumbrances; (b)any state of facts an accurate survey may show,providing same does not render title to the development rights unmarketable; (c)covenants,easements, restrictions of record,if any,provided same do not prohibit the use of the premises for the purposes as set forth in the Suffolk County Multi-Faceted Land Preservation Program for the Farmland Preservation Program for agricultural production as defined herein,and further provided that such covenants,easements or restrictions do not diminish the approved appraised 3 04:,19.2.004 09:1_0 FAS 03185359CS S. C. DIN . RE.�L ESTATE IOU04 value of said property; (d)determinations made after public hearing;(e)consents and permits,if necessary,as may be required by any federal,state or local agency having jurisdiction; (f)an environmental audit of the premises showing the premises to be free of contamination from toxic and/or hazardous substances; (g)Suffolk County Administrative Code Section A14-30(M) attached hereto as Exhibit "I",which states,in effect, that transfer of title to this parcel or interest therein shall take place within two years after the effective date of the County resolution authorizing acquisition of the same;(h) compliance with New York State Agriculture and Markets Law §305(4),attached hereto as Exhibit"J'; (i)compliance with Resolution No.425- 2002, implementing Real Estate Division Reform, as applicable, including but not limited to a second resolution of Suffolk County Legislature authorizing the purchase price;and 0)the TOWN OF SOUTHOLD'S granting approval of a ten (10)lot subdivision of the property to the SELLERS,of which the cost and expense thereof,including,but not limited to the survey therefor, shall solely be bome by the SELLERS. 9. The PURCHASER may make its determination of whether the premises are free from all encumbrances,on the basis of its own examination of the title,or that of its agents,or a title report of a member company of the New York Board of Title Underwriters, and may require the SELLERS to clear title exceptions raised to the satisfaction of the PURCHASERS and,if any is involved,the title company. 10. If,at the date of closing, there may be any other liens or encumbrances which the SELLERS are obligated to pay and discharge, the SELLERS may use any portion of the balance of the purchase price to satisfy the same,provided the SELLERS shall simultaneously either deliver to the PURCHASER at the closing of title instruments in recordable form and sufficient to satisfy such liens and encumbrances of record,together with the cost of recording or filing said instruments. The SELLERS agree to sign such proper vouchers for the closing check(s)as may be requested by the Suffolk County Comptroller and Suffolk County Treasurer at least two weeks prior to the date fixed for closing. The PURCHASER, if request is made within a reasonable time prier to the date of closing of title, agrees to provide at the closing separate checks as requested,aggregating the amount of the purchase price,to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the SELLERS shall comply with the foregoing requirements. 11. If a search of the title discloses judgments,bankruptcies or other returns against other persons having names the same or similar to that of the SELLERS,the SELLERS will, on request,deliver to the PURCHASER an affidavit showing that such judgments,bankruptcies or other returns are not against the SELLERS,if such is the case. 12. In the event that the SELLERS are unable to convey title in accordance with the terms of this contract, the sole liability of the SELLERS will be to pay the cost of examining the title,by the PURCHASER,the PURCIMSER'S agents, or the PURCHASER'S title company,which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the cost of any survey made in connection therewith incurred by the PURCHASER and upon such payment being made,this contract shall be considered canceled. 13. The SELLERS, simultaneously with the execution and delivery of this agreement, 4 04/13/2004 08:11 FAX 03:8..335905 S. C. DIS'. REAL ESTATE I¢1003 have also delivered the required verified public disclosure statement for filing with the County Comptroller;a copy of that statement is attached. At the thoe of the closing, the SELLERS shall submit a current statement or a sworn statement that there have been no changes in interest since the date of this agreement. Any evidence of a conflict of interest or prohibited contractual relationship shall require approval of the contract and sale by the Supreme Court of the State of New York. 14, The deed shall be delivered at the offices of ROBERT J. CR IIN0, Suffolk County Attorney,H.Lee Dennison Building, 100 Veterans Memorial Highway,P.O. Box 6100, Hauppauge,New York, 11788 or at such other place as may be agreed upon by the parties,at 10:00 o'clock in the forenoon,on or about 90 days from the date the public hearing hereunder is held, subject to a survey guaranteed to Suffolk County pursuant to paragraph 4 herein first being received. And the filing of a subdivision map. seller, at his sole discretion, may close without subdivision final map approval. 15. The parties agree that no broker brought ab;,ut this sale and the SELLERS agree to hold the County of Suffolk harmless and to indemnify PURCHASER for any claims for brokers commissions arising out of this transaction. 16. The SELLERS herein,agree to comply witn all disclosure requirements as imposed upon the PURCHASER through the various and several local laws and resolutions as enacted by the Suffolk County Legislature. 17. The SELLERS further agree to file and execute all affidavits,documents and vouchers as required by said local laws of the Count,, of Suffolk,rules,regulations,ordinances, statutes and resolutions of the Suffolk County L.egisiature This requirement shall survive the closing of title and delivery of the deed. 18. The SELLERS represent that the premises are agricultural land used for bona fide agricultural production as defined herein. At no time, to th•.SELLERS'knowledge,has the premises been used for the generation,storage, or uisposal of hazardous substances, or, as a landfill or other waste disposal site. There are not now,nor have there ever been,underground storage tanks,to the SELLERS'knowledge, on the premise . 19. The SELLERS represent that there are no actions, suits,claims or proceedings seeking money damages, injunctive relief, remedial action or my other remedy pending or threatened relating to a violation or non-compliance Kith any Environmental Law; or the disposal, discharge or release of solid wastes,pollutants or hazardous s0stances; or exposure to any chemical substances,noises or vibrations to the extent the same arise from the condition of the premises or SELLERS'ownership or use of the premises. 20, The SELLERS represent that no consent or approval is needed from any governmental agency for the transfer of the development rights from SELLERS to PURCHASER, and neither the execution of this agreement,nor the closir:g of title, will violate any Environmental Law. 5 04/13/2004 09:12 FAX 03/8533905 S. C. DIV. REAL ES'1'A'1'M 14]uua 21. These representations and warranties contained in paragraphs 18, 19,20, and 22 shall survive the closing,shall be binding upon SELLERS and their successors and assigns, and shall inure to the benefit of PURCHASER and its successors and assigns. 22. The SELLERS covenant and agree that they will: (a)Not generate, store or dispose of hazardous substances on the premises,not allow others to do so; (b)Comply with all Environmental Laws; (e)Allow PURCHASER and its agents reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. (d) Where Federal grants and/or funds are used atd/or reimbursed to the PURCHASER for this acquisition,representatives of the United States Department of Agriculture shall also have the right to enter the propety for monitoring conservation plan implementation. This covenant shall run with the land in per; etuity and the provisions of this paragaph shall survive the delivery of any instrument of coaveyanc-purs,rant to!his agreement: 23. SELLERS covenant and agree that they will defend,indemnify, and hold harmless the PURCHASEF .ind any of its officers,agents,employees, and their respective successors and assigns,agalast any and all demages,claims,losses,liabilities and expenses,including, without limitation, responsibility for legal,comalting,enginyetiug and other costs a d expenses which may arise out of(1)any inaccuracy or rnisrepresentalion in any representation, or warranty made by SELLERS in this agreement and/(r the subject de ad;(2)the breach or non-performance of any covenants required by this agreement and/or the sub;act deed to be performed by the SET I ERS, either piiuc to or subsequent w the nosing of title herein, (3) any action, suit,claim, or proceeding seeking rLoney damages,injunctiv-.relief,remedial action, or other remedy by reason of a violatior it non-compliance with any environrnental taw;or the disposal,discharge or release of solid v,astes, pollutants or hazardous substance s;or e,posure to any chemical substances, noises or vibrations to the extent they arise from the owners l p, operation, and/or condition of the premises prior to or subsequent to the execution of th, deed of dcvelcpment rights; or(4)the acts or omissions or negligence of the SELLERS. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 23A. If Federal grants and/or funds are used and/or reimbursed to the PURCHASER for dvs acquisition, the United States of America shall also be deemed to be an indemnified party ander the indemnification as stipulated in Paragraph 2.', an I the SELLERS shall also indemnify the PURCHASER and United States of A Merica ae to Lite fcllowing: 6 U+113120'A 09:10 FAA 6318535905 S. C. I�1V. REAL i:5'1'A'.lh IQJUU, (1)Violations of any laws and regulations which are now or which may in the future become applicable and including,but not limited to the Resource Conservation and Recovery Act, as amended,42 U.S.C.6901,er seq.,the Federal Water Pollution Control Act,as amended, 33 U.S.C. $1251, et seq.,the Comprehensive Environmental Response, Compensation and Liability Act as amended,42 U.S.C.9601,et seq.,the Toxic Substances Control Act, as amended, 15 U.S.C. 2601,et seq.,the Federal Insecticide Fungicide and Rodenticide Act,as amended,7 U.S.C. 136,et seq., and the Safe Drinking Rater Act,as amended,42 U.S.C. 300f,et sea. (2)judgments,claims,demands,penalties or fees assessed against the United States; (3)costs,expenses and damages incurred by the United States of America,or(4)the release or threatened release of any solid waste, hazardous waste,hazardous substance,pollutant contaminant,oil in any form ar petroleum product into the environment. This covenant shall tun with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 24. (a)The SELLERS have been advised that Federal grants and/or funds may be used and/or reimbursed to the PURCHASER for this acquisition. Accordingly,the parties agree to abide by the following language, where applicable because Federal funds have been or will be received. (i) Contingent Right in the United States of America: In the event that the PURCHASER fails to enforce any of the terms of this easement(or other interests in land),as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that the PURCHASER attempts to terminate,transfer, or otherwise divest itself of any rights, title, or interests of this easement(or other interests in land)or extinguish the conservation easement(or other interests in land)without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States,then, at the option of such Secretary,all right, title,and interest in this easement(or other interests in land) shall become vested in the United States of America. (ii) Unless otherwise agreed to by the PURCHASER,United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets, the PURCHASER shall hold title to any conservation easement or interest in land. However,title may be held by the United States of America at the 7 04/13/2004 09:13 FAX 6318535905 S. C. DIV. REAL ESTATE Ifl UUtl request of the Secretary of Agriculture upon mutual agreement of the PURCHASER,United States of America Commodity Credit Corporation and the N.Y.S.Department of Agriculture and Markets. (iii) SELLERS covenant to manage the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide and 7 C.F.R.,Part 12, and is approved by the Conservation District. SELLERS covenant to file an AD-1026,Highly Erodible Land and Wetland Certification Form at the appropriate United States Department of Agriculture Service Center. (iv) After the DEVELOPMENT RIGHTS have been acquired by the PURCHASER,any amendments to the Deed of Development Rights shall be authorized by the United States of America (b)The SELLERS have been advised that State grants and/or funds may be used and/or reimbursed to the PURCHASER for this acquisition. Accordingly, the parties agree to abide by the following language,where applicable because State funds have been or will be received. (i) After the development rights have been acquited by the PURCHASER,any amendments to this Agreement(Easement, shall be authorized by the N.Y.S.Department of Agriculture and Markets. Any and all of the above covenants shall run with the land in perpetuity, and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement, and further shall be incorporated into any instruments of conveyance. 25. At the closing of title hereunder,if the SELLERS are not a foreign person as that term is defined in Internal Revenue Service Code 1445(f)(3)and the regulations issued thereunder, SELLERS shall deliver to PURCHASER a non-foreign affidavit. In the event that the SELLERS are such a foreign person, or in the event that PURCHASER has actual knowledge that the non- foreign affidavit is false,then PURCHASER shall deduct,withhold and deliver to the Internal Revenue Service a tax equal to ten (10%)per cent of the'purchase price of such amount as has been provided for in a Treasury Department qualifying statement. 26. It is understood and agreed that all understandings and agreements had between the parties hereto are merged in this contract,which,with the exhibits, fully and completely expresses their agreement, and that the same is entered into after ft,ll investigation,neither party relying upon any statement or representation, not embodied in this contract,made by the other. 27. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs,executors, administrators,successors and assigns of the respective parties. 8 33, A. Pursuant to Suffolk County Code§8-5(F.)(4)and(6),new construction, 9 04,,18/2004 M IZ- FAS 6318533305 5. C. DI1 . REAL ESTATE iEluua erection,installation or placement of structures on the Premises is Permitted as provided herein. B. All new construction shall be for the purposes of agricultural production, consistent with New York State Agriculture and Markets Law §301,New York State General Municipal Law §247, and Suffolk County Code §8-1. C. All new construction shall be subject to permit approved by a majority vote of the Farmland Committee. D. Applications for operation or construction of a farm stand shall also be subject to the provisions of Suffolk County Code §8-6. E. In its consideration of permit applications,the Farmland Committee shall consider the use of the structure for agricultural production,the effect of the proposed structure on topsoil consistent with the purpose stated in Paragraph 2 of this Contract and the impact on vistas. F. New construction shall include,but not be limited to,fencing,paving and relocation of existing structures. G. Renovation,maintenance and repairs of existing structures are not deemed to be new construction and are not subject to the permit requirement. In order to fall within the scope of this exception,renovation,maintenance and repairs may not enlarge or change the footprint or change the primary purpose of the existing building to a non-agricultural production use. This covenant shall run with the land in perpetuity,and the provisions of this Paragraph shall survive the delivery of any instruments of conveyance pursuant to this Agreement. 34. The (1)Title report, (2)Environmental Site Assessment and(3) Survey shall constitute a Baseline Data Report in order to evidence the present condition of the premises (including both natural and manmade features)so as to facilitate future monitoring and enforcement of the Development Rights. Copies of the listed documents shall remain on file with the PURCHASER and shall be made available to the SELLERS. The provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 35. (a) Recreational uses such as hiking,hunting,fishing,boating,horseback riding that do not conflict with N.Y. Agric.&Wis.Law §301,Suffolk County Code Chapter 8 and, if federal funding is received,the purpose of Section 2503 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171),are permitted. (b) Use of the premises for more than dt mWinis commercial recreational activity is prohibited. Under no circumstances shall athletic fields,golf course or ranges,commercial airstrips, commercial helicopter pads or any other structure or improvement inconsistent with current or future agricultural production be constructed on the premises. 36, (a) With the exception specified herein,exploration for,or development and 10 04!13;2004_ 09;15 FAX_63185J5965 S. C. DIY. REAL ESTATE IQ Ulu extraction of minerals and hydrocarbons from the premises by any means is prohibited. (b) Surface mining involving gravel and sand removal may be permitted where such removal is small scale(proportionate to the whole or no more than two acres in the aggregate, whichever is less),does not breach the water table,and is collateral,subordinate and incidental to the agricultural production uses permitted on the Premises by Suffolk County Code Chapter 8. 37. Any amendments to this Contract and the subject Deed,shall be in writing and executed in recordable form by the SELLERS and the PURCHASER. The provisions of this paragraph shall survive the delivery of any instruments of this conveyance. 38. New York State Tax Law, Section 663,effective September 1,2003,provides that non-resident individuals selling real property located in New York,except a principal residence, as that term is defined in the Internal Revenue Code,26 0I• Section 121,along with two other exceptions,requires that the seller file a return and pay their estimated"personal income tax liability on the gain, if any,from such sale or transfer." Said section also states that no deed shall be recorded by any recording officer absent such a certification by the commissioner or a certification by the transferor that this section is inapplicable to the sale or transfer. SELLER agrees to comply with New York State Tax Law,Section 663,and further agrees to provide the appropriate certification,accordingly, as a condition of closing. The provisions of this paragraph shall survive the delivery of any instrument of con eyance, pursuant to this agreement. 11 04i L9,2O04 09: 16 1d\ d3165359U S. C. VlF . HEAL LJ'i'.911: WJ V'LT IN WITNESS WHEREOF,this agreement has been duly executed by the parties hereto the day and year first above written. IN PRESENCE OR COUNTY OF SUFFOLK MORED, By. ropffl 14 y: LOUIS CORSO Chief Deputy County Executive Managing Member OREG G V.: LOUIS CORSO Managing Member Approved as to form,not reviewed as to execution: ROBERT J.CIDVM`TO uffolk County Attorney APPROVED: By:DAVID P.FISHBEI\T By: CHRISTINE!of *Es N Bureau Chief Division DirectorR Real Estate/Condemnation Bureau Department of Planning Department of Law Ly Il1wl°3 HARt.coiWm ,MSK3''a,nlwd%MOMS,LIC 1 OMOY,LLC TO MS 944 U doc 12 Rpn 02 04 01 : 31p 'Moore Law orrice 6317654643 p. 1 PATRICIA C. MOORE atiorney ar Law 51020 Main Road I i Southold.New York 11971 Tel: (631) 765-4330 Fax: 765-4643 JII FACSIMILE COVER SHEET The panes canprising this facsimile transm_ssion Contain confidentie: infcrrna_i.on from Patricia C. Moore. This information is intender? sole-' y for -sae 1-,y the individual enti.y named as the rec'_n-ent hereof . If you are not the intended recipient , be aware that any d:-sciccure, ccn} ing, distribution, cr '-ise of the contents cf thie trenemission _s prohibited. I voc rave received this transmissicn in .error, rlease notify ,_s by Lelephcne immed-ately so we may arrange __ retrieve :his trGnsrcisszon at no cost to vou. i RE ; DATE. L QZ — UrF TO-2L NUMSER 'CF =AGES _NCLUDING COVER SHEET C� TP_Pi\SNI SI;JS; TS ?AUL Y CB. INCOMPLETE, PLEASE CA:L SACK AS SOON AS POSSIELE. CLIENT NP14E: 524, L- -- C- /j',✓�u' G-�-� OPERAU"R: Rpn 02 04 01 : 32p Moore Law Office 6317654043 p. 2 PATRICIA C. MOORE Attorney a:Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 J Fax! (631) 765-4643 April 21"04 jY -ACS--MILE Mr. Mark Terry Sci.thoid Tcv:n Planning Board Soutt:old Town_ Hal'_ 53095 Main Read Southold, NY 11971 RE: Oregon LLC Morell LLC Lear Mr. Terry: I respectfui_y request that the above referenced matters scheduled fcr your work session on April 5, 2004 be rescheduled to your work session o: April 12, 20C4 . I would like to attend the work sessions on 'nctY. r..at_ers, however 1 will be out of town on April 5, 2C04 . Your anticipated courtesy it resched_i ing these matters to April 12, 200,1 would ze appreciated. Thank you. Very.-tray yours, `-6atricia C. Moore ?Ci:!mr I� PATRICIA C. MOORS D Attorney at Law 51020 Main Road Southold, New York 11971-4616 MAA Z b 2,04 V Tel: (631) 765-4330 Southold Town Fax: (631)765-4643 PlanningBoarO March 26, 2004 BY HAND 9 7) (� Southold Town Planning Board Southold Town Hall ��j� , 53095 Main Road Southold, NY 11971 RE : Oregon LLC subdivision Cutchogue, NY Dear Ladies/Gentlemen: Enclosed please find my client' s check no . 8999 in the sum of $500 . 00 payable to "Town of Southold" for the additional subdivision fees for the above referenced matter. If you have any questions, please do not-- tesitate to contact me . n Very✓truly yours, Patricia C . Moore PCM/mr Enc . PATRICIA C. MOORE r D C Attorney at Law D 51020 Main Road Southold, N.Y. 11952 h Tel: (631) 765-4330 Southold Tovm Fax: (631) 765-4643 Margaret Rutkowski Secretary March 22, 2004 Ms. Jeri Woodhouse Chairwoman Southold Town Planning Board Town Hall p 53095 Main Road P.O.Box 1179 Southold, NY 11971 �ti7UU��l� (BY HAND) Re: Conservation Subdivision Oregon LLC Minor Subdivision SCTM41000-83-02-11.5 Dear Ms. Woodhouse: Enclosed please find Subdivision Application Form for the above referenced matter with a check in the sum of$2,000.00 for the filing fee. If you wish to discuss this further please do not hesitate to contact me. Very tryly yours, Patricia C. Moore PCM/mr Encls. �T PATRICIA C. MOORE t Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski MelissaMoGowau Secretaries March 3, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main RoadPOD P.O.Box 1179 Southold,NY 11971 VM(BY HAND) Re: SCTM#1000-83-02-11.5SCTM#1000-83-2-12 Sale of Development Rights Dear Mgrk�`Ierry: As we discussed enclosed please find my marked up plan for the above referenced parcels. The owner wishes to develop 3 lots on 1000-83-2-12 and two lots on 1000-83-2-11.5. We have submitted the enclosed letter to the Suffolk County Planning Department for the sale of development rights and have received a favorable response. We are not selling the development rights to one acre along Oregon Road in order to maintain an area for Agriculture Buildings. The plan is developed at more than 75% open space; the 75%plan requires preservation of 41.47 acres, as the plan is presently configured we are preserving 43.9 acres. Please place this matter before the Planning Board. I wish to be present when the Planning Board discusses the plan so please let me know if it is on for the next meeting. If you wish to discuss this further please do not hesitate to contact me. Very truly)yours, r- Patricia C. Moore cc: Mr. Corso MORRELL LLC, OREGON LLC PARCEL— Looking North form Oregon Road, lot line splitting two parcels, . f OREGON LLC PARCEL— Looking North form Oregon Road LASER FICHE FORM SUBDIVISIONS SCANNED Records Management Project Type: Conservation Status: Final Approval SCTM # : 1000 - 83.-2-11 .5 Project Name: Oregon LLC Location: The property is located on the n/s/o Oregon Road at the terminus of Cox's Lane in Cutchogue. Hamlet: Cutchogue Applicant Name: Oregon LLC Owner Name: Oregon LLC Zone 1 : A-C Approval Date: 10/16/2006 PLAT Signed Date: 1eV1&16?(, 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: 11/14/2006 SCAN Date: EderOa s"I'd S151EM ..law "OnN0 snpa. STSIEM Leal \ Learro0 WELL N/O/F .9",\ UoHn?'R.p"o Do LOUIS C C'NSO. LUDAE'lA COORS, so PRELIMINARY PLAN FOR PROPERTY F NyoN CA CONS' \ FF, �� 56 �ORSO � V A m e GDpe ✓7"l VACANT \ t. SITUATED A 1 Lm1G Isuxo wuxo S \ CUTCHOGUE SS v ¢ 811 S anti To.l, M "O' F N 82.53'3o", E 239.'6. 1 e;83 �� TOWN OF SOUTHOLD N pT E Diens F. 6xBe xg,57 239D \ o•. �F isim GMmninshmad. LnI,RON SUFFOLK COUNTY , K 61.,Sy"SO wuxo"Re, \\ FTEST HOLE Al . F Fesr,xGWELL S .C . TAX No. 1000 83 -02- 11 .5 eM, �'` 1000 3 -02- 12 6 O A73� � off �: h SCALE 1 "= 1001' _ PREMISES bb W O O o s LOT 3 LOT 5 °' `" `� 80,195 sq. f� 80,112 sq. fn. iso LOT 6 n` FEBRUARY 26, 2',004 1G, as op'bs 80,698 sq. ft. QO^(D MAY 18, 2004 REVISED 'I"e 0�9A sr' b APPROVED SKETCH PLAN LUNE 30, 2004 ADDED HEALTH DEPT DATA g0bA \ SS AUGAUG10 9flf1A TOTAL AREA = 2,304,988.44 sq., ff. �.MY7 52.915 ac. 6y ATEST HOLE 02 6A 11 ,Ob oaf V ti ,off las oo° gb l 23.3% OF TOTAL AREA = 536,119 sq. ff. (BUILDABLE LOT AREA% ` d6" LOT 2 p 0 sJ. 1 239. ry (ROAD AREA = 90,730 sq. (t.) 7� \\\ S 84,221 sq. ff. bA663 ) \ Soo I�' 189.96'i CDn]Jj7• (INCLUDE 10' EXISTING RIGHT OF WAY) KLi Y MAP ` + 2 t' O. 50.00 II o �T APPROVED PRELIM, PLAT (TOTAL PROPOSED LOT AREA = 445,389 sq. ft.) �\ Dt' (INCLUDE 1 DEVELOPMENT AREA) �\ '1JOIs 29 a•' h6 35 S 1 - 29429 srw NOV 09 2004 76.7% OF TOTAL AREA = 1 ,768,869 sq. ft. (OPEN SPACE) SCALE 1 "=600' \\ b1 ryyVSti 1 926395 _ (INCLUDE 5' WIDE PI?NTING BUFFER) LoMEN \_``\�1 3034, s �a�LOGy -VE \ems C U L T I V A T E D F 1 E L 0 -------------------- LOT 1 °9 1 80,143 sq. ft. - - \ C U L T V A T E D FIELD �. CO .Y,wo FA qA Fin AUG 14 M0!IIU OF t nA Jg o, ti 3,0; SBBthDltl sown Planning BDOOR 41 " NOTES: R--58.5�; \ S.C. TAX No. 1000-83-02- 11 .5 "eo 1 . ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. \ 1 °'" EXISTING ELEVATIONS ARE SHOWN THUS. '^ EXISTING CONTOUR LINES ARE SHOWN THUS, 9 — - \ �2 \ FF ed. LOT 7 X09''0 \,\� s 530,275 sq. ff. (OPEN SPACE) Jmsa \6° �Nr q �.9 \ be O ' o9dJ 9p .\\ 65 \ THE E AOF RIGHT OF WAYS ,\ ANDEASEMENTS 6 OF RECORD, _ .�, � I •' oo' 6 ANY,, NOT NOT SHOWN ARE NOT GUARANTEE', HEREBY CERTIFY THAT THIS MAP WAS MADE \ BY US FROM ACTUAL SURVEYS COMPLETED Fay os+s0 \,\ a� X60 / FEBRUARY 26, 2004 AND THAT ALL CONCRETE ~ \ Po li MONUMENTS SHOWN THUS' • HEREON y'o S.C.. iTAX No. 1000-83-02-12 c u L T V A T E D F E L D CORRECTLY SHOWN AND ALL DIMENSIONAL l ?lam 65 / ACTUALLY EXIST AND THEIR POSITIONS ARE 1 \ A vy AND GEODETIC DETAILS ARE CORRECT TEST HOLES DATA �} �,\ CLOT 4 A} (TEST HOLE DUG BY MPDONALD GEOSCIENCE ON SEPTEMBER 24, 2003) �\\\ 1 ,269,413 Sq. ft. (TOTAL AREA) \� 40,020 sqr ft. (DEVELOPMENT AREA) TEST HOLE #1 TEST HOLE #2 �,\ \ 1 ,229,393 sq, ft. (OPEN SPACE) or 0 `'�, \ A THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED BWK mown Lum RL des nows LON,OL �\ \\ d' / BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED • e. SLI SWO W • `V jA V hBb' � e mOXX pAIEY SWO W A' �\\� BY CHAIRMAN PLANNING BOARD TYPCAL PLOT PLAN I.ani Sim e i no \\� �e - - ' vmx IST M.sw O� GL Av s (NOT TO SCALE) ��OAtO O_ �B \`f\:8 t0 PROPERTY LINE 'b'r' �` O `-\`l9 SUFFOLK COUNTY OEPARTYENT OF HEALTH SERVICES TO "T",nsim sw �y��r�C '�`1,, `:\\SB \ \ ,1 HAUPPAUGE, NY WELL F E L T �0. yV pore 1 IT b Ir IT a°A b'Ej �O I b 6 Trum c le UDR, mut in, pre .a IF., m. Renlry snearonme e, D..elnin In. win u 1.1.1 m° Int em V L>7 ePPToved nn me eGove mte wme, SLAP 1 ne Savo Ole 1 plea ge peee \ \ V Fudllllee muel conlo.m to conaeudion atondortle In el/ed ul me pme —W.11on end on e.,-1 to wen.- pem,lla Zky t m mm^ d, ' den-' e— POP dol Illd Ih Me Cee"y Cleh thm Yee. FfOU 1 FEI ee roua e y r me Wty enea,geion/ `P or m,e dale Cemenl le hereby^,een for .I. M1ling o! Inn map e \_\ fit]' O noun Re em—wrent n0ppeo u. OR— nl me CnnnlY CIer4 in IE N \ BUILDING u7,,,d.n- -F the V n. e/ me Pubec F= Low end M. \ snlrou County Sri C fs, 'n" TYPICAL SEWAGE DISPOSAL SYSTEM b' HOUSETOP (NOT TO SCALE) BuRlop .\ N 4' DEw CmsHED .\ S oSEPTIcym A Mme. PE FINISH cMOE \ s, iANN p,rtcmr, prv,:,un nr Enamnmu,lol pool, pREGIS[ REINFORCED BEEm CONCRETE COVER .\ ql 4 OUR I' pE£P mm 2' PEEP mm 21'tl,oI LOCKING. WATERTIGHT 4 INSECT PROOF \ 9 ,} \ y G45F IRON LOVER Tp GROPE P, B AppBONI plpE 40'min.J 4p`m,n MIN. 4' di— b E �, Cn \(\ 50R EXPANSION LEACHINGPERCHED4' I' cxu .WPROYID PIPE Ul \ 6 POOL POOL 1 u PRLHEp 1/B'/I' '� \ 1�4 B: ,. 3�' Avim' N NVERr �, m INVERT SIH, BAFFI£ BOTTOM :\` /q4 �h ROAD 9M 4, 0'F P N C `�:� �♦ o\ Opo R� ��PNA I qua Cie 9� �Q G�• p� SEPTIC TANK (il g �� 0,O80Q' k :v DEV46,02 sq, AREA rJ r ¢ 1 MINIMUM 5' LONG. TIJIN CAPACITIES 6 FOR A 1 TO 4 BEDROOM ROUSE IS I,MO CALLOUS `�'\ 4V,O2O S ff. �� CT� �, 0 1 TANK, B' LONG. ME MINI M C PRE �V q I� EEP 2, CONCRETE GHALL HAVE A MINIMUM COMPRESSNE STRENGTH OF ],000 p.i AT 28 DAYS ���� hereby certify 1 the water supply(s) Ontl/On sewage disposal s,5/em(s) f0r this project •�p IB'66 (l ]. WNL TBICKNESS SHALL BE A MINIMUM OF 3". A TOP THICKNESS OF e' MOD A BOTTOM RIICKNESS OF 4 were Me5190Gd bye n! Yodel my d,fe<Ii00 Based IIPOn ° COre1M and (hO1011gh study Of ALL WALLS. DOOOM AND TOP SHALL CONTAIN REINFORCING TO RESIST AN NPPHFD FORCE OF NO p.r, `�.\q, y l 4 A11 JOINTS SHALL BE SGL£D SO THAT THE TANK IS WATERFIGHi \'Yf 1n (Tti \ the Sail, Sile anpound WuleT contl,llOns, OII IOfs, OS plOpaseQ conforzn to the Suffolk Caunly 5 THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTORS (WITH A MV( TOLERANCE OF L/4') +�' 40 R° DeDOltrri Of Wh Sdriea5 COn StN[Lnn standard, is effect as Of the dale. ON A MINIMUM 1'TRICK BED OF COMPACIE➢ SAND OR PEA CR/,VEL nvw+'mlr. \ �. M N Y S LIC NO. 49668 w A 10' .in DISTANCE BETWEEN SEPPC UNK ANO HOUSE SH4L BE MAINTAINED ° O em A wRP town vy \\so ti O w m.E 3 cwDuxp waTER or swe""°°.^uEL ° Joseph A. Ingegno LEACHING POOL h JEFFREY T. BUTLER, ° e Land Surveyor oo I I MINIMUM LGCHIND SYRTM FOR A 1 TO 4 BEDROOM HOUSE IS 300 eq R SIDEWALL MPEk p�� 1 ,0, BOX 634 1 POOL, 12 OE£P, e' "" 2 IFACHING PMIS ME TO BE CONSTRUCTED OF PREONU REINFORCED CONCRETE (OR EOUPq COACHING STRUCTURES, SOCIO pri .0/OR SAHs SHOREHAMNEO'/ YORK 1 1786 r Loth ] ALL COVERS SHALL BE OF PRECAST REINFORCED CONCRETE (CB EOUAL ,) Title SuIVC s — SuCdnrsions — Site Plans — Cartthuc'von a A 10 mn USTR CE BETWEEN LFACHING POOS AND WATER LANE SHALL BE MAIRTANED 5 AN e' min OISCWCE BEIwEEN AT LEACHING POOLS SHALL BE MAINTAINED / TEL. 631 -821 —B850 PHONE (631)727-2090 FOX (631)727-1127 6 AN Bmin OISRICE BETWEEN ALL LEACHING POOLS AND SERFS TANK SHALL BE MAINFANEO FAX 631 -821 -7287 OFFICES LOCATED AT "LING ADDRESS i 322 ROANOKE AVENUE P 0 Be. 1931 RIVERHEAD. New Tank 11901 Riverhead. New York 11901-0965 22-3598 E%ISTNO GmNC SrSTFH Ussm"I gIBRNO 'sma MIEM UOCAMIN \\ gimrHc xEIL p,ISNNG WELL MA1E�-'+1 OF \ op°pn°"50op ? I? MORRELL, L. L. C . OIS CORSOo FCORS , OREGON , L. L. C . CA CORSO O 55 MON " uNa SOUND VACANT � SITUATED AT d, r D H. OF, CUTCHOGUE 356 95 ' jQ 0 Ao 4 80 "M"W`G"` A• l� N 82'83.3.; e 244.25• �F� TOWN OF SOUTHOLD DiF��s a 28192 133.8 u. 30'• �1� � Marv�N SUFFOLK COUNTY, NEW YORK waoU STN,E TEST HOLE AI '+• ROLE --= 70°E `\ F G<ISIWGwEu S.C. TAX No. 1000-83-02- 11 .5 \�� --- -- gip:\ 1000-83-02- 12 5, E"JFY Cv\(\f. / .1_eNLines EtN£LOPE '\ '� \. \ `w\.\\. \ l `A ,A� �\ dr\O T4, pUt� `f \ \ 'WT.\�fV PeEIASESpa� LPG" SCALE 1 "= 100' RDE,E° b W Q o D s LOT 3 >, LOT m \, 80,103 s ft. Gp� \`w6 ' LQT a \ / FEBRUARY 26, 2004 ' s 80,195 sq. ft. \ 9' ° \ ap \ y\ o u '\ \ MAX. 35X OF LOT `PR \. \fd�� 81 ,283 ft. N/ 'M1 . 'v MAY 18, 2004 REVISED M. LOr /'�/ \SHALL BE CLEARED \ dy \`L,\ q• v \\ 'b JUNE 30, 2004 ADDED HEALTH DEPT DATA / ♦gA' i \ \ 10 �Qe v� p/•PF. \\ \ \\ SMALL BE CLEARED i. \�\ SEPTEMBER 16, 2004 REVISED PER LETTER DATED AUGUST 16, 2004 \ ! - S. e- kg,e \\\ \\\ _--__ \ sF�� DECEMBER15,11, 2005 R REIVISDEDPER PER LETTER DATED ER DATEDAPRIL7R 20052004 '\, s OCTOBER 18, 2005 ADDED WATER LINES 1Ee i \\ W4 x \ \'\ W \ Qe OCTOBER 20, 2005 ADDED TREE CLUSTERS ' B� HR // +(EST HCLE d2 -=a - \!"� ' T�0y6A�' o o ` > TREE $- 1__ DECEMBER 14, 2005 ADDED EXISTING WATER MAIN 60 ' — 73.11' I CLUSTER LOT 2 83 P{ �! it o'—` k 9 4.06' / TOTAL AREA = 2,304,988.44 s ft. \ \ 84,221 sq. ft. �6 R0P R 9• W .. 52.915 ac. \ •, 4' ,, n" .\ MAX. 35X OF Lai / PVZ ?s y S. O,B / ob I WIDE RENT �, KEY MAP \ SHALL BE CLEARED �? PN s. `Y o 10 5 2 dA". fi PS �I 65' 0 b VILE EiA 117 Mry SER \ 23.8% OF TOTAL AREA = 547,923 sq. ft. (BUILDABLE LOT AREA) SCALE 1 "=600 \ O \ � \•\ O,�rr � 4 356�' �tDE � o: it ' 'LJO ♦}r \ e. \' ,9't� / 6 6 156. __ 958 ft. o�H •�\\ 1 6 1 / q-.e�\ \ i 6 h45 01 66.35• y� \\.\ T, (ROAD AREA = 101.NG IG ) o�LN !t,\o�.� / , V1101 M1% 30.34• 12 N 144.15'A/Rf'oPo�° s.P+� \•\\ 4J/ �s �oF•Gy (OTALOPROPOSED S LIOT AREA T OFWAY) aq. ft.) 0 b;, \♦C / / '+y, "\ 0 k; _ — 1 R F o.g, \ °'fA 6�tiTG 76.2% OF TOTAL AREA = 1 ,757,065 sq. ft. (OPEN SPACE) LOT -e ♦ -- Cp•[y \, °.r, y✓i1.�° (INCLUDE 5- WIDE PUNTING BUFFER)(INCLUDING DEVELOPMNTS RIGHT AREA TO BE SOLD) 80,143 sq. ft. I MAX. 35X OF LOT % • wid, h SHALL BE CLEARED /,/ FI EL D � \ t,/ / C U LTIV ATE D A, v00 \ / 1?��R ♦0a e Ilk C U L T I V A T E D FIELD b 01 �O� DEC 2 2 2005 NOTES: rp R--50 GO: I S.C. TAX No. 1000-83-02-11 .5 v`�r�,P I 1. ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. 7151 EXISTING EXISTING ELEVATIONS ARE SHOWN THUS: 50 U EXISTING CONTOUR LINES ARE SHOWN THUS: — -- — — -- — -- \'\,\ / IH fgsf •\ ', 2. WATER LINE LOCATIONS PROVIDED BY OTHERS. LOT 7 4"r s9�L,9 508,119 sq. ft. (DEVELOPMENT RIGHTS AREA TO BE SOLD) p'yT 65��•yJ- \\. ��� I I \, 'Sr, THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF \\ 'ey_ \•\ �O ANY, NOT SHOWN ARE NOT GUARANTEED. _ �• .\ I .\ HEREBY CERTIFY THAT THIS MAP WAS MADE BY US FROM ACTUAL SURVEYS COMPLETED °o•,`W�jr �\, P l �\ \\ �O` FEBRUARY 26, 2004 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS • HEREON I \ 2 v \\ a S.C. TAIX No. 1000-83-02-12 J h ACTUALLY EXIST AND THEIR POSITIONS ARE °•4r \�\ /sem` II 1 `� C U L T V A T E D FIELD \ 3, ra / '\ + CORRECTLY SHOWN AND ALL DIMENSIONAL \• AND GEODETIC DETAILS ARE CORRECT '` \ ILOT 4 - TEST HOLES DATA `=vW (TEST HOLE DUG By ItanO"'°'�^�NG ON SEPTEMBER 24, 2003) 1 ,239,745 sq. ft. (DEVELOPMENT RIGHTS AREA TO BE SOLD) I '` AI 1 k TEST HOLE #1 TEST HOLE #2 o\ :\, psfO rq„ \, 1 ( \ THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED er \ BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION ooRK Mn.rH n WIK RICAII Law a \;\, e• r�1 �I I +�' OF APPROVAL DATED _' \'�' 'n7 I d• Ale. • . . :• .lvA+l ntt swv IIIIII � 'd� \:\ doy I I / 1 � b� OCESSPWL \ BY r c�.t .RaAl+cum swum .\ o,�' i "- -- — Il �3P. •„+ wEu CHAIRMAN PLANNING BOARD 9 � TYPICAL PLOT PLAN \ 9 ! .1 AV >� )� � ♦9 y. em, 10.eWfti se 9ERVIC CO L701114171' OEPAHI'1R:NT OF FRU.'ITi EB 42- ,NOT TO SCALE I) Je �' alp l-ti V A A LO ) 911FF'O f . A�0 LAT 0 I HAUPPAUGE, NY r v♦' M, NRR R. Flns A`L'T G mss. \"y t I i `� / \� 4'&,�sq. ft. PROPERTY LINE To assess sonss. •"o \. __ Ipe, V TEST HOLE X4 .j,•' LTI VAT ED F I E LD \ y� rd0 � Is \f\ 3 ml. In m e,Nq Ihel me PH,nUnd Rmlty sobtllm.lon or Dm,@Tom m V A for 320 V1 with a RAW of 1 .In Ibe \:\ • I o' d' pprov.d n it, uhwe dWe W ler suppuee end s. oe Ol.pual Fcdlttl.. m N cc"N" On n.wcBon .Iain In erred l me ume or c 1—tion and om UR-t In .7mote Forms FuUmmd w mo.e wnMNe Thh oppmwl MII be wlltl e y I lbe �. .ubdiN.lon/ dewlopmenl map I. tluly Ill.d wXh 1F. County Clerk wi in one ymr el BIL. dole. Coruen! I. M1.nby gHen for 16. tiling of NI. mop on Wweb .. .ndon.mem oppeon m Ib ONIa nr Ih. enuntr eleM1 m I \\\ , ♦�' 4}1- ,\O Nance win @e lwkm. of Me Public Lw.Nh tow .-I No nimry SWblk cs,,BaFoo. TYPICAL SEWAGE DISPOSAL SYSTEM ' kdd \\ , /y HOUSE (NOT TO SCALE) O 1' HOUSE OUR BURIED FFP ... FINISHED GRACE '\ � • Nb A. Mina, RAE R , E I \\ / S PREUST ONiGRCED CONCRETE COVER 24-di LOCKING. WATERTIGHT W INSECT PROOF ERNlsH GRADE \:\ I Uj Q93 33.y L /A1 k 6• Olredoq OWIJon of Envlmnm.nlol Wort, BURIED I' ut— min. 2' DEEP moo CAST IRON COVER TO GRACE \\ +! '\� \ ' fY Z YIN. 4 dm. \\ APPRPiFD FIRE 20-mm 20'm,n MIN 1' dio. R wu \.\ I k SEPTIC MPROVEB PIPE - € Lit \;\ \ TANK RTCNFO 1 \ z m 'u d prtcHED 1/8/1' \: O k 10' POOL 50X EXPANSION INVERT so: m I.RN \' % 'A \ m MIN. MIN POOL Q i N Or am a0w <�. .)' z IBAFTTE BOTTOM ` \ MA$9 ('��k` - •VEOfc NEIV e' ROAD 9�P QH A.IN OrP,4 S (11 B R ��. / J�O�R'� WELL % SEPTIC TANK Oyu V1 WrS� k'.A�k 71: I MINIMUM SEPTIC TANK CAPALIITES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS I TANK: a' LONG, 4'-3' WIDE. e'-T DEEP `\\ j O `fl'\ I hereby certify that the Water supply(.) and/Or emm,b dieposol sy.t.m(s) far this p,.,.Ct 2 CONCRETE SHAM NAVE A MINIMUM COMFRESBNE STRENGTH OF 3,W0 pee AT 2d DAYS, �\\ were designed by me Or under my dlrectlon Based upon a Careful and thorough tudy of - 3. WNL THICKNESS 91NL BE A MINIMUM OF 3. A TOP THICKNESS OF fi- ANO A BOTTOM THICKNESS OF ti. •\`\ / the loll, s fe and ground Watm ...dIb.GS, .1I late, ae praposed, ...form t0 the SUITOR, County C" ALL WALLS, BOTTOM AND TOP SHA-1- CONTAIN RNNFORCING TO RESIST AN APPLIED FORCE OF Lou p.f. /yp 4. AU. JONIS MR SNAIL BE SEN.EC 50 THAT THE TARN IS WATERTIGHT. k-` Deportment Of Heolth Services construction standards In effect as of this date 4, N.V.S. Llc No. 49668 5. E SEPEL TIC TANK SHALL W INSTALLED AT LEVEL IN ALL. DIRECTIONS (WITAIN H A MV, MUNCE OF LI/4"1 per,.,wlc �P ON A MINIMUM 3-THICK REL OF COMPACTED NPACIRAND OR RD G \' Gh , B. A 10' min DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED K RECORD WATER or SWo M.Doli, .� \ :\\\\ O - Josep A. Ingegno \\ kyd DEC 2 2 2005 JEFFREY T. BUTLER, P.E. Land Surveyor LEACHING POOL '01, 1 MINIMUM LEACHING SYSTEM FOR A I TO 4 BEDROOM HOUSE IS 3C0 .g fl SIDEWALL AREA. j V P.O. BOX 634 1 PCI 12' DEEP, s' so 6Q M, tyNa 2 LEACHING FUELS AAE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) LEACHING STRUCTURES, Souo DOMES AND/CR STABS SHOREHAM, NEW YORK 11786 Title Surveys - Subdivslons - Site Plans - construction Layout 3 ALL COVERS SHALL BE OF PRECAST REINFORCED CONCRETE (OR EQUAL) 4 A 10' assn. RRLMCC BETWEEN LEACHING POOLS AND WATER LINE SHALL BE MAINTAINED. / 5 AN e' mm. DISTANCE BETWEEN Au IFACHRMG PGOLS STALL BE MAINTMNEo TEL. 631 -821 -8850 PHONE (631)727-2090 Fax (631)727-1727 6 AN S' min. DISTANCE BETWEEN ALL LEACHING POOLS AND SEPTIC TANK SHALL BE MAINTAINED. FAX 631 -821 -7287 LFFlces LOCATED AT MAILING ADDRESS 322 ROANOKE AVENUE P.0 Box 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 22-3591 i I i a ,1' - P"t"'"t eanmieamic mTl>HLxrnaH <_ OO flO .LSUCBDA981ORRELL L.L.C. n"'a NsncyRaNaauaiara `tys, ewo Sxsnw rav- C SITUATED AT �i Ci.TTCHOGUE � TOWN OF SOUTHOLD LOUIS G COR50 /I, _ SUFFOLK NEW YORK LUBA C.ORSO `S TAX LOT 10.13 S.C.T.M.i 1000-83-02-11.5 -. - . . RE& CORS0 0 "ry 55 1000-83-02-12 MONICAMONIGG T Hp TAX LOT ZONE A—C VACANT ILII .. I BASED ON ORIGINAL SURVEY BY: `r• S PROPOSED 10' WIDE JOSEPH A INGEONO .. P. �. aj' 76 PROPOSED UTILITY EASEMENT TAX LOT 11.10 41 11' S LAND SURVEYOR MtT 3 5 9'. Q, �, �• q, T P.O. Box 1931 SUBJECT 62=53'30. 244 4 /� .�' S RIVERHEAD. NY 11901 PREMISES ' tC N \ �/ 5� nw es,n e»,e�wunar ' �r0� @ TEL• (831) 727-2090 i j}, • / �resr�w.e 4 ,�mr,�u u \o- tc ummc rat TOTFAXARE 1.2,3027 r' �" \ E LOT 3 \�\ -'E �ILD1W5 6 TOTAL AREA: 1,2,304,888.4 SOFT. . 52.915 AC. z0jMft%OF ior BUILD E \ a �."� \ .4 23.8% OF TOTAL AREA - 347.923 SO.Fr. 8nlr ms MFA) SHALL BeY,LEARm MaAx. of Lor yh OM N1u - MRW WIT O LOT 5 \eHAu Be lMc1+l0E "o' oasme hart a w� WF NANCY BUTS 960,105 eq. "ft PI 'DNFD @ ROT MFA . 46UU WJTJ . 5; RESIDENTIAL '�r 3" WATER i F\ Nsat t OF LOT 2" DV 1.L}NS •�v. E SHALL se CLEARED \ SERVICE mum T WMA" AW4 SERVICE F $ I,•"r,�P' _ - \ \ \ — 70.2X OF in B. wTOTAL iwl�ixa�aa�j787.085 SO.Fr.(aPoa a'raq Lar 2 �.a•tTYet 2• WATER �..Y'' ♦ 54,221 .q.n. ifi`" �F ./ SERVICE 1' y a,Ax Se.of LOT /1 / { any+ ¢ Toa++ yy DRAINA6E GALGULATION5: ,0.9 mr Hae n SHAW EE G.EA+em / �-• 1' s �/ „y, • r i R PAVED AREA MI = 9,20'1,69 SOFT. KEY MAP (V rc� r <. '�* RAINFALL - 2" 0679 2" HATER �,�y t 3'S�r I '�'?•,. RUNOFF COEFFICIENT = IA SCALE. I"=600' O 0- r I,:,•; ` 3i� SERVICE 1bro' df .5, p`"' I N'. r1lM 10' WIDE--♦ `�y,•�' W:ARG ie '� Q_ 1- ti 'f6 •/6• \ \ ./ SERVICE EASEMENT \` ��•j VOLUME REWIRED = 9,20163 5Q.F°Tx.Ibl'x1.0 O � r ( ♦ .Oa \ ror / p, 126 ,oyr• =4531b1GUPT. Ap E6Np W _ m . . . ♦ ,, T IML /. �� eo14Bt9• , .E .05ED IOTAAx12' DEEP \� �jYY W �' a ♦ ?s, USE 2 - 10' DIA.xlO' EFF, DEPTH LL d W ft1 �( y' ' ,"; \ 2•p \ HALL�CARA� py• N v LEAGHINS POOL, TVP. I PL45. ,�/ VOLUME PROVIDED = 1642.06 G).FT. p �/ ♦\ `% D% TEST WELL TO BE % PAVED AREA %2 = 32S2Q25 SGPT, X If CONVERTED TO �� 9c RAINFALL = 2" (.161'1 Ys Or �{,-,y-/� Q a 2" WATER FIRE WELL \C `9} RUNOFF COEFFICIENT = 1.0 SERVICE TEST LL TO BE VOLUME REWIRED = 32529.28 5Q.FT.x.Ibl'x1.0 z CONVERTED TO t =5,492.59 GU,FT. PROP05ED METER PIT FA��•1 n- L� N �. ', / FIRE WELL BE INSTALLED O THE F �' USE l - 10' DIA. x12' EFF. DEPTH 9, I t S.G. TAX No. 1000-83-02-118 (TYP. I OF 5) t•N•I r- i NORTH 51DE OF R.O.W. 1012'16 5q. Fk. FTDTAL ARE/J �\ VOLUME PROVIDED = 5;141.28 COPT. W 1�T 204,991 Sq. ft. (DEVELOPMENT AREN 496,761 eq. ft. (OPEN SPACE) n 'a\. , ' R• 3 PROP05W HATER i `b�/�✓� �' SERVICES (2-12" 4 1-137 N IDE OF R.O.W. �r(0 D�y��a�1TAAL� O SOUTH 5 LOT 1 � rr4*ia .i;, �OM $EP�TE J , 2 3) '�3�j. 446,261 5q. Ft. T •2�,TB$T, .a9 TAHOLE p �, .� 9 9c - - - a Ami vRCW4l S.G. TAX No. 1000 63-02-12 t '' LRAM OL O �`�C 1,603096 sq. Ft. (TOTAL AREA) WAM a Q 65 363,909.41 sq. ft. (DEVELOPMENT AREA) } y e 44411 w, $ 1239,Sm 131 sq. Ft. (OPEN SPACE) •/ 6ROSYAfND Sol � 6I 1P 'e ' t,, 1• LOT 4 n 1,239,131 sq. ft. � 5 PROP05ED HATER \ 'd- PAL[gROMNT 6 `tr SERSIDE OF RO.W.(2-411:211 4 3-63") I FINE TO . 4 \ ' a COARSE SAID - PALE BRORN h ? YNTR ION FINE TO COARSE sRA sH SAND SN ? \, C<I� X 3 IL Lu Z (TEST HOLE DU6 IPY SOUND SHORT �`'T\ 5 PROP05ED WATER = I HEREBY.. -Y THAT : M�AV.aTIFI!'r THIS MAP KAS HAVE E SCOH6 55ED BY ,b METER PIT'S (SEE DETAIL) BY��A CTUUAL S Rver5 .O•!M.Erm �4�I�V .'P.E5T HOLE N3 TEST HOLE Ifo 'Pi 4Q. ?7, FEBRUARY 26,2004 AND THAT ALL CONCRETE __ I cgyr¢ . \ p / xn01. b. WtOtWFS SH" Twr„e HEREON 6210/04) 0, (213/05) p S, TOPSOIL s r ACTUALLY E45T AND THEIR POSITIONS ARE h� AND EOTLY StlO1tN ILS ALL DIMENSIONAL TOPSOIL „EI / AND c.EODEnc WAILS ,v+E cora�Ecr. J .. 'LOAM r T ^� LOAM 4 S w:rcl • ` '� �, ' \ ♦` LOT 8 r NT 4 V y DEVEL)9,20 sq, , AREA // j r TIilS 15 TO CERTIFY THE SLEDIVI51[M PLAN HAS BSN APPROVED E, COARSE SAID ♦ rnr xaLe.s \` �\♦ BY THE PLANNING BOARD OF 711E TOLQI OF 50UTI0LD BY RE50LUTION (T , r� ',.• AND AIRAVEL COARSE SAID X \` \ PROPOSED^! y y^ \�D / w1 OF APPROVAL DATED ,;..•:,,;._. AND SRAVM- per 2" WATER \4 ICE ` y 06/ 'h F'05ED METER IT y r �ab)� 0 • ry (A ``.`".'.' - T OIL R 3/8" STONE /W? (TVP. I of 3) \`\ \ dap N\ a BY IRww PLANNINs BOARD (A J w LL m C) `',r� � ` TOP GOAT 'INN A PROPERTY LINE I--I 2" ASPHALT BASE 3• \.\ , 7�r J Z 'JIFFOLK COU TY DEPARTMENT OF HEALTH SERVICES Q J ry . COURSE i - \`\ \ !♦ r HALPPAHBE, N.Y. (7 Z 0 O Q �1.1vJE SUBBASE LEND (0r3 ^) \ \ hF� / DATE, OT ° Q + \ a➢ / f iM5 IS TO CERTIFY THAT THE PROPOSED RFi4.rr 51BDIV151ON OROMABLOPHRI 'z O OI FOR \ 1'P /i \ 3 PROP05ED WATER r ti ar wTN A rareSX�.of AND LaN,wtis C) V = `�\ SERVICES (2-e2" N 1-13") DISPOSAL F� Tu IEP MTHE�MLST COFOW TO CONS TION TON STA DARDS ~ J U O O ry r ♦\ ON EAST SIDE OF R.O.W. r y "FIN M9W T AT THE TIME OF CONHPICTION AND APE suB.ECT TO Q -! — lL O AI+PIDVIAL SNML 1!VALID ONLY IF THE REALTY SIEDINSION V I�L SWARATE PERMITS PRWANT TO TOM STANPAMS. MI5 Z * I 3 PROPOSED WATER /may YEAR THIS DATE. c�mow IS WITH OVEN FOR TWUNTY HE P~LINNS THINOF � � 1 I COMPACTED METER PITS (SEE DETAIL) THIS MAP ON MNG)IN A EDDIIUWA=W H POW5IO THE OPPICE OF I _ \♦ r v WA T"LA GLEET a AOCOI1BNIf,E MTH SANITARY E. THE PELIc � V ' SUB6RADE r AAI, /9�? '�'� BUILDING NEAux LAN AND THE 5UT000 c01N/TY SARrARr cool. C.4) x "?h INT 1;r 504- TLIf�E t' vrcn A 101INPI Pr<- E ° DETAIL WATER SERVICDETAIL \ 5 DIReCroR DIVISION aF BNIRON•BTTAL fi/ALIx U W Q \• L � sErrlc NOT TO SCALE c y \ TAW 102•ROx 94 S E" \ ♦ •I HEREBY CBRnFY THAT THE KATEN.IN4LYFxa N•E',a' o"WisIPOA� 4,�, Le'" 5EWeBE DISPOSAL SYS FOR 1115 "'I' o1L . aw eTa»e v.TaAT as 4 POOL "riff"D BY rE OR BDE' R MY DRrenoN. Tr.e� YO PAGE : r A•satatr Nee ralRte � 501 E:w ON u c.WEM1I MID TIOROIIFII sTw OF TIE T! 4•Ru acro SllNeAae e•cROMa ONNER/APPLIGANT INFO: •/Fq rp �� r SRawMtTeR caDlnala,AU 7 cONFORMa ro TIE SI1'.0 COUNTY D0° eMeILRm aqL N6e ORE60N LL.CA-,IORELL L.L.G. >i• SERNCE6 C 6TUCTICN STAWDARVS IN T C/O PATRICIA MOORS ATTORNEY PROPN7.�ED 10'DIA.xlO' r G O N S E i�V A T I O N SUBDIVISION �� DATE.• n s12T10�ML i�N.Y. ONE DSP LEAGH1r+fi Pool T ro SGOT PLANSOU ROAD SECTION ALE (691) 165-4390 NOIGE) 9•r loo 50 0 100 200 300 400 500 ON NOT TO SCALE (631) 165-4643 (FAX) GRAPHIC SCALE I" 1001_0" of I F ., vdw= 'Y 4t d