HomeMy WebLinkAbout1000-83.-2-12 i A
SUBDIVISION MAP OF TOTAL AREA = 2,304,988.44 sq. ft.
MORRELL, L.L.C. 52.915 Co. SUITOLX COUNTY DBPARTMEN1 OF HEALTH SERVICES
BAUPPAUGE, NY
OREGON, L.L.C. 23.8% OF TOTAL AREA = 547,923 sq. ft. (BUILDABL
(ROAD E e /t SUBJECT 0 OVENANTS& RESTRICTIORB' LIBER JON 0SITUATED AT (INCLUDE D' EXISTINGRIGHT F WAY)
O
Pae[ �
CUTCHOGUE (TOTAL PROPOSED LOT AREA = 445,958 so. ft.)
TOWN OF SOUTHOLD � Cr TO coveNANrsflt%.;rRIC.;rRICr(oNsLlsEn 1 �4tso
76.2% OF TOTAL AREA = 1,757,065 sq. ft. (OPEN �r p. pas'
SUFFOLK COUNTY, NEW YORK (INCLUDE 5' WIDE PIANTING SUFFERXINCLUDING DEVELOPMNTS RICHT AREA TO SOD) PAGE �Z p N a Bh 1Na p�F Rr°Ib s mM.°^ v O M•in M4rr LK a Of O to BeMw
S.C. TAX No. 1000-83-02-11 .5 5e Wq a al n Mt Nw
1000-8302- 1 2 NOTES: °P+°�^ °^ ' ° 9 PDI+ ane sway. oMP"Te
F°pinM meal°ena.m rrn.MMlaP r6rmNN. In NNe!at lea Bmr
I c°nMrvemn aan we dWat m AY.-parmlb wl.Ywrc U Illga
1. ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. whedens. The'appmWY .nail be Ird"Iy"N BN MWy wmwW`w
SCALE 1"=100' assessment m. 1. an no wren N. cwnb OwK s in an.r%ar � s . .
W bHs aaG. fa,w.,rt Y e. p�.� ear tn. Mr. 0 NY prep on
FEBRUARY 26, 2004 EXISTING ELEVATIONS ARE SHOWN THUS: 50 0 hkh this sands "per, ap In tea Ohio. m m. county C in ,
EXISTING CONTOUR LINES ARE SHOWN THUS: — —50 — — accaar ce.Cssay 1.p�ipr.N°n. °I tM Publlc Hseltn Lav and the .
MAY 18, 2004 REVISED N No. SIO-04-0014 �,(
JUNE 30, 2004 ADDED HEALTH DEPT. DATA _ A cIY - KEY MAP
SEPTEMBER 16, 2004 REVISED' PER LETTER DATED AUGUST 16, 200
DECEMBER 15, 2004 REVISED PER LETTER DATED NOVEMBER 19 201 4 '7/ 40' SCALE 1 "--600'
APRIL 11, 2005 REVISED PER LETTER DATED APRIL 7, 2065 PLANNING BOARD THE EXISTENCE OF RIGHT OF WAYS // .Edda Nb A Nlp.n PE
OCTOBER 18, 2005 ADDED WATER LINES AND/OR EASEMENTS OF RECORD, IF �y/..4�
OCTOBER 20, 2005 ADDED TREE CLUSTERS ANY, NOT SHOWN ARE NOT GUARANTEED. r, W mn m Fmimnm.nmH Oush, T eP�T
DECEMBER 14, 2005 ADDED EXISTING WATER MAIN TOWN OF SOUTHOLDH,{�'"' {
FEBRUARY 21, 2006 FINAL SUBDIVISION I HEREBY CERTIFY THAT THIS MAP WAS MADE
DAT! BY US FROM ACTUAL SURVEYS COMPLETED
Town Of Southold FEBRUARY 26, 2004 AN THAT ALL CONCRETE ofd
0 MONUMENTS SHOWN s: ■ HEREON Ar%0//P COONTy of sVF}'pyN
Covenants&Restrictions ACTUALLY EXIST AND
EIR POSITIONS ARE 9
y'LL 0-, m-�y,�.c�.� CORRECTLY SHOWN ALL DIMENSIONAL ' TflIdTRY ST4'dL6
L16ER �a 7/ PAGE�� _.. AND GEODETIC DETAIL CORRECT. „p k ✓ZENNa F. STABLE (DRVAZTR'�aNr RIGHTS)
4 DWEWNG 1
HOUSE TYPICAL EWAGED DISPOSAL SYSTEM ' N,D,F Y1 J as
LOUIS C. CORSo, by Of I O uO ul
TOP eunm ( LUBA CORSO, l S 48`18'30" E to m 1
4' BEEP mm. PNISM SPAIN REGIAA CORSO �' ,tY �I I 1,602.13' \ I o
9 2E ='CBT OF WAY
XONfG CORSOT ( y �y
PREGSa REINFORCED m. 2 DU COVER 24'el4 WISGIG, WATFRBGM ! INSECT PROOF Flt4N CRUISE DWELLING ¢ DO1XrIrW Y
euRHm , DEEP min. z• DEET mm. CART SKIN COVER TO ORVOE THIS IS TO CERTIFY THE UBDIVISION PLAN HAS BEEN APPROVED �
MIN APPROVE ala. BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION WOOD NwVu T - 8 'AaDD 1womPatPIPE T 4'
PITCHED
PIPE xD•^" 'min. YIN. 4' ala, 1,1QZ19' FASEMLM '
m t 4' t' APPRDVEp PIPE �I }i.er OF APPROVAL DATED
wMs. q —' PRCHED 1/G'/f' J — �NIIAM` FHuflDPE U] 410.57' PoST --- --•_ —' .
"ILI3.. w \ \ N W16-MI/f/WEA5EMENT .I f0' WIDE WATER SERVICE EASEMENT I '
IM'EffF S ]^. a INJQ2r BY \- 3 ,y, `11 pq Bassed r wA1q sEMICE ro RWM PRDPl1Bk I
" LOTa y � 4 \�\ E@xcz• MUBM£10onel . \\ I� \
BefT1c II
' f1Aw BDrtau CHAIRMAN PLANNING BOARD 1M \ % \ q 4 ti ?
MAX. UX OF LOT
UD t % SHALL HE CLEARED 'C gyp` . • `p I=
SEPTIC TANK (11 $ F q_5ep,�,e, .' i A6 6 S.C. TAX No. 1000-83-02-11 .5 I
1. WW M SEPTIC TINK CARWI ES FOR A 1 TO 4 BEDROOM HOUSE 6 1.000 GNLONS. M m tOwes G�'pY''C' " __yam--NLLpNc pwynpE " — Irl A \
1 TAMS e' HONG. 4-3 ME E-7' DEEP � �5 0 40OY`0 I N {6.40'44.5" W�� '-- �'':' � YA
2 C041MVE SIWI MW A MINIMUM WMPPE55ME STUR M OF 3,000 pal AT 26 MM �oS�t�1• C`1'
3. WNL THORTHESS SHILL BE A MINIMUM OFF 3'. A TOP THICKNESS OF V NIO A Bantry THICKNESS OF 4•. anq V YJ �1&'o -- --- T5 LOT 7
ALL WAILS. 60TIOIA AND TCP SRNL CONTAIN RBNFaRCHRT TO RESIST M NPPIIEO FARCE OF MO ry( mIy _
4. ALL JOINTS STOOL BE SENED SO TMT ME TAUT IS WATDRROM. w.p - �,p , NIWIHG EM11pIE---_.T.— q �. 1EBH POSED _
5. THE SEPTIC TANK SNL BE INSTNIPD AT LEVEE. W ALL DIRECTIONS (WITH A W&C TOHERWCE OF Si/4- ,'•,{ PRO Dy,NT 508,119 sq. ff. (DEVELOPMENT RIGHTS AREA TO BE SOLD) ..
ON A YNEW UM 3•THICK BED OF COMPACTED SAND OR PEA Glum FIRE 'a
G. A 10' min, OISYNCE nETwEEN SEPOC TANX AND HOUSE SHALL BE IAONNNED. Q Q LOT 5 7 a Ay 4 aT
° ti Mph' 80,103 sq. ft. / ... ' .0
v ru;wNwr.mr �, GROUND WATER ti /d MAX. 35X OF LOT
°W°9°O°iw°Mds _y,� /e
SHALL HE CLEARED / s
I
k� y� 4
/ Is b
S 46'04'40" E ,p? IFrhnn —
LEACHING POOL 93.54' g TREE '� ab ps' N "04510' W • R
TYPICAL PL 0 T PLAN D , 46 ,D. J CLUSTER
1. MUM IE1CH SMTBNI FAR A 1 TO h BEDROOM HOUSE 6 300 q K 610BA'ALL AREA �
2. IF.1pHIHO POOLS ANE ro BE CONSRWOIED OF PRECA6T REINFORCFLt CONCRETE (OR EgMI.1 426.64' N 46'04'{D' W r�S• �' ., �'ll�: Ti/
(NOT TO SCALE) IE.cWNa sirO+LTw+e;. s0u0 DDMEs AND/oR sTMs. pyy, as 292,14' S _ — „ �_
3. ALL COVERS SHILL BE OF PAEGSI RDNF011C®'0011 RETE Law EW..',1. gAl�y p' E - 4 _ - WF f i
4 A 10 rem. OISMNCE BETWEEN UTALw1Na Pai AND WMTER DNS SHALL W NMMMIm. �n� :M
PROPERTY 11NE s M a mN. DbTANM BETWEEN A IFNxHNO POOLS SNAIL BE MWNNM. Tryh I N N 0{•40w W r 2/Y.' T• \ O - \ I.1/6'�' 4D.02Q ! H I'Ml N O9
B. AN a' min. DLSGWCE 9.lWFD! NL LFNDINO PIIS AXD BETC TANK S{Y11 BE WNTNIFT. �. / �/ \ �� Lt
TEST HOLES DATA ,,.Y,. / LOT 3 '°' r. r° H � \sem / ` \
(TEST HOLE DUG BY MCOONALO GEOSCTENCE ON SEPTEMBER 24. 2003) .p• J O� B ,195 Sq, ft / I
,�`� p'`• . 35X OF LOT "W,
4J \ g \ I•,j
TEST HOLE #1 TEST HOLE #2 "'" ^' s u 9E
a Orak ecr Tau a br / /, • h Z N MW� W .O 0
DVM.I.rol uVM a- d / 9 A \ \ \ \ \
p,
WON,ax srwa 'a;- a
°' M wWJHIND ssssa
HOUSE ; en .• MUWx Gxr sw z ^ N {8'39'50` W N 334.7{ :
49.54'
vSEPTIC wM�iu�axWLa cS ;. / F� _ ` \ \ I — w /'v— wv —LANE,�wT��'�1 w' —
m LEACHING ; m ANK 5 S 42 / LOT 2 / yb ^, / O \ \ \ 1 / G, COX 1 .H 1V L' [aslxo wAru Mw
AS 10' POOL x
EXPANSION .T ' asuu�sPse ;�. '� O 4 84x221 sq. H• aO aWi �' / �� \ o
n , ? MAX. 35X OF LOT / q \ \ d:
m MIN. MIN. POOL
s u y,p`ebWtl- SHALL RE CLEARED stn
=" .aB 60— b s HOE Ix S.C. TAX�o. 1000-83-02-12 \ \
//
ROAD ;z%*. LOT 4 / _ / •��' \ �l
I hereby certify that the water supply(.) ane/or °°wogs di.poeal ayetem(s) for thle project li -' T Nnwxo EMxmPE n 1,239,745 sq. ft. (DEVELOP"N RIGHTS AREA TO BE SOLD)
were .I. ted by me or under my directlan. Booed upon a careful and thorough study of R 1i_—
the axil, to antl ?round water conditions, all lots, ae proposed, conlortn to the Suffolk County r q^PFl N 46'38'5 W 317.18' lNY
Department of Health Services construction standards in effect as of this date. 111!LI 1 1 0`
_J a
r—
A c 1 f q 1,i w euwWs FmunE/�- ,w - V A
3r
\ �o
I / „1 15' ]•wATEIr BaNICE� \ \ \ � - EtT
60_ LOT 1
80,143 sq. ft.
MAX. ssX OF Lor $ !A Hn \ \ 40
SHALL BE CLEARED Si � w�Y -� \ � 4j 3
M I� 111 , 159 s ft. \ \ o'
A n N.Y.S. Lic. No. 49688 B 4 I q• \�
\ 1 ►O
\ \ M
o O � � a v4 �'�'�, E r WWTR eERVOE Tp Isla ,,x
2 Nuoyay krPNIOPE 5' PIANTIN BUFFER 40' WIPE 1i OF WAY \ \
Joseph A. In o yam-- __ �° 300.98 I Z — ry —� PROROSFO f6' WDE ASkAIi (ENCMAY \ \ \ \ Wf 16
JEFFREY T. BUTLER, P.E. Land Surveyor� �
Mt
N 46'39''x90" W 10' EXISTING RIGHT F WAY .' _ .• - �'
P.O. BOX 634 ( 16,405 wal. R. 4840.75'
SHOREHAM, NEW YORK 11786 0 20' IMIDE RIGHT D..q� Wer Font
11 IT
Title SlRveys - Subdivisions - Site Plans - Construction Layout b (DIGNAN'S ROAD)
TEL. 631 -821 -8850 PHONE (631)727-2090 Fox (631)727-1727 N/o/F �6S 2,149.71' \ y/
FAX 631 -821 -7287 OFFICES LOr4RD AT MAEING ADDRESS 0 (DAMOP"NOF P RIS) Y'
322 ROANOKE AVENUE P.O. 80. 1931
RIVERHEAD. New Yolk 11901 Riverhead, New York 11901-0965
�O
99-428
MAILING ADDRESS:
PLANNING BOARD MEMBERS OF sorry • P.O. Box 1179
JERILYN B.WOODHOUSE �0�` �l0 Southold, NY 11971
Chair
OFFICE LOCATION:
KENNETH L. EDWARDS y Town Hall Annex
MARTIN H.SIDOR G Q 54375 State Route 25
GEORGE D. SOLOMON Q� �� (cor.Main Rd. &Youngs Ave.)
JOSEPH L. TOWNSEND Cow M 0 Southold, NY
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,
L
Jerilyn Woodhouse
Chairperson
cc: Robert Zaher, Suffolk County Division of Real Estate
Melissa Spiro, Land Preservation Coordinator
AWL
IMF
I Iilllll IIII VIII VIII VIII VIII VIII VIII VIII IIII (III
111111 Ilill VIII IIII IIII
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
2
F'=I:Uf''liri
Number of pages 2Ii !r. {rn 4 t=,gc;eq; „q
TORRENS r i d,t Q.
I'�LEPv OF
Serial # -Ur-FOLK CuU=Ts
L C'Q P1G�f
Certificate #
F
Prior Ctf. # - `F
Deed . Mortgage Instrument Deed/ Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
ge /Filing Fee Mortgage Amt.
1. Basic Tax
Handling 5. 00 2. Additional Tax
FP 5584 6— Sub Total _
Spec. /Assit.
Notation
— or
EA-5217 (County) Sub Total Spec. /Add.
TOT. MTG. TAX
EA-5217 (State) Dual Town Dual County
R.P.T.S.A. ®yam Held for Appointment
- Transfer Tax
Comm. of Ed. 5. 00 Mansion Tax
Affidavit � The property covered by this motgage it
or will be improved by a one or two
Certified Copy 5� family dwelling only.
7 YES or NO
Reg. Copy Sub Total If NO, see appropriate tax clause on
Other �� Grand Total page# of this instrument.
O
4 1 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 R Mrylq A PF x Due $ 0
agency 14-NOV-0 Improved
Verification
Vacant Land
(. Satisfaction/Discharges/Release List Property Owners Mailing Address / n
RECORD & RETURN TO: TD
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/Fhamc iT made by:
(SPECIFY TYPE OF INSTRUMENT)
f;REGON LLC AND MORELL• LLC The premisis herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the Township of SOUTHOLD
�NONICA 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.
,E3
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 thato�y be billed directly for all future12roperty
tax bills.
Local property taxes are payable twice a year: on or before January 10th and on or before May
e 31 st. 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.
t`9
Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst, NY 11757 Riverhead, NY 11901
U, (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
t'e (631) 324-2770 (631) 360-7610
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,
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 prepared by Jose h egno, Land
yrfS b 1 �ia-ir ; c[C o re � .�(G
Surveyor, dated February 26 , 2004 led as map T;a�2 wi h g� _d, I//1gJ011
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 6ILEI� fl.' A4 4-f4 "L"3-3, SLL� . &/O HrN ✓2/ I LSC
Vy-e9tM LLC , Ft LC,0 11/1y1O( LYI Cf�unl C� p� S[ICCU�IC
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
• 0
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 20o 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
LOU 1�5 C C Ir1e S O
Oregon, LLC
By
Loup C - Co2Sv
4
State of New York )
County of SuffolknV
)
On thea day of -VApy in the year 2006 before me, the
undersigned, personally appearedKMorell, LLC and-roregon, 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 .
k LOUIS C Cf7-)'2- Sd
Notary b is
BETSY A.PESKINS Y
Stale of NI PE U 13 D 13 Wpgry Public. ew Yak fy U
No,01 PE 66
61336
oualilied in Suffolk Colmly
Cpmmkxion Et<Pinm July 18.
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 Recot thereof, do_ here certify that I have compared the annexed with the
J �RECORDED in my office on ._�.[`f .U�Q.....
under L1BER !?>L. / /
ongma]
- -� ........PAGE A&i ......and, that the same is a ti-tic
copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of
�P said C01111ty and Court on this .l..`.f71_day of ndVrlLfJ. ...... 20.0_C0
CLERK. .._..............._........._.__...
5
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 O. 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
"CHEDULE °: :, a ,1i0.
UES RIP s •l
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;
61 North 44 degrees 54 IIIIIIl16CJ 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 4.0 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
L........erly of Joseph
8 d 11 Mary
n 11_
IVIIIICIIy UI �weNn o, ariu many B. Hannabury;
THENCE along said last mentioned land, South 46 degrees 04 rninutes 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
SUBDIMSIAIN STATUS REPORT
CLASSIFICATION: STANDARD_CONSERVATION_CONSERVATION ODA
PROJECT NAME: �cA°� m�r�¢.�� L�C� 2ONFI.A"NE' 7ONE3
___
LOCATION: )NI/V- cL�C Cr t7' �s. HAMLET: Lt 11 J
PROJECT USE:
SCTM# 1000-
OWNER NAME:
APPLICANT NAME: TEL#I—)--
AGENT NAME: ti r S rL s TEL#E7)-JES70
PROJECT DESCRIPTION
THIS PROPOSED SUBDIVSION IS FOR LOTS ON EZ�ACRES,WHERFN
IN THE ONE LOCATED
IN SCTM#1000-
DATE
PAST 7I3A ACTION YES NO
PRESUBMISSION CONFERENCE
WORK-SESSION � T�L
APPLICATION REC'EIVEDDATE i COMPLETE YES N07L
sAlt ( 3r.N 1.
COMPLETE APPLICATION RECEIVED S /
APPLE ATION CHECK CASHED 0 (7(
WORK-SESSION-ERSAP REVIEW
APPLICANT ADVISED OF NECESSARY REVISIONS
REVISED SUBMISSION RECEIVED:
ALI,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 INSTRUM ENT APPROVED BY TOWN BOARD
PARK AND PLAYGROUND FEE $ PAID
DRAFT COVENANT AND RESTRICTION RECEIVED
FINAL COVENANT AND RESTRICTION RECEIVED
FINAL PIAT-ROAD AND DRAINAGE PLAN SUBMITTED
FINAL PLAT-PUBLIC HEARING
FINAL PLAT APPROVAL
FINAL PLAT FILED WITH SUFFOLK COUNTY SUBMITTED
COORDINATING AGENCIES
LEAD AGENCY: TOSPO:_,OTHER:_REVIEW:PARTI_,PART E_,PART 3_,SHORT E1F_,LONG EAF_
ACTIONTYPE COORDINATED: UNCOORDINATED: (TYPE1:_TYPE2'. UNLISTED:_)
REFERRED TO:STMA_STBD_,STCRB_.JH—,STRT ,STE_SCDHS_,NYSDEC ,U5ACORPS_NYSDOT SCWASCPD_.SCDPW
SEQRA DETERMINATION:NEG DEC Y OR N,
REFERRED NOTES APPROVAL DATE NOTES
DAT
l I —l_I—
HIGHWAY SUPERINTENDENT
FIRE COMMISSIONERS:
TOWN ENGINEER' / / --/—
DEE.OF TRANSPORTATION:DOT DPW TOS / / /—/—
SUFFOLK COUNTY DEPARTMENT OF PLANNING. / / —/—/—
SUFFOLK COUNTY DEPT OF HEALTH PERMIT#'. /—/—
OPTIONAL APPROVALS:
ZONING BOARD OF APPEALS:APPEALM
BOARD OF TRUSTEE'S —/—/—
NYS DEC WETLANDSRIDAL / —/—/—
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 ilTAX ASSESSORS
GENERAL NOTES:
7/29/04
This proposed minor subdivision is for 7 lots on a 52.91 acre parcel: Where Lot .
80,143 sq.ft.; Lot 2 equals 80,877 sq.ft.; Lot 3 equals 84,221 sq.ft; Lot 4 equals 29.1•
acres inclusive of a 40,020 sq. ft. building en3,elohe; 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 Suffolk County on Lots 4 and 7 equal to 40.39 acres.
Application for Final Plat Approval
APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL
PLAT APPROVAL for the subdivision described herein.
1. Name of Subdivision Ut /2,666AN L1-C1Mo2tZc .LLC �¢�NStYLV SU(317.
2. Suffolk County Tax Map # /000 - 83 - o) - //• S 12-
3.
Z.3. Hamlet e5y Tlyp ('u E-
4. Street Location 0rZLtvoiv 1-Zy4-p
5. Zoning District Ac
6. Date of Submission i3"/04/
7. Sketch Plan Approval Date F�/0/0 3/
8. Preliminary Approval Date
9. Number of Lots Proposed 7
10. Acreage of Open Space/Reserved Area CcDN3t-Y-UA7-7ON SL)BDi 41.
11. Affordable Housing Units Proposed /V/A
12. Percentage of Affordable Housing Af/A
13. If providing less than 25% Moderate Income Family Dwelling Units(MIFDU), please
indicate how the property owner intends on satisfying the affordable housing requirement
pursuant to Section A106-11 (B) of the Town Code.
N��I
14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not, please
explain the differences.
yI3
15. Application prepared by [ ] owner agent [ ] other
Signature of Prepare Date
PLANNING BOARD MEMBERS OS�ffO(� C
0 Town Hall, 53095 State Route 2
BENNETT ORLOWSKI,JR.
Chairman y� P.O. Box 1179
Southold, New York 11971-0955
WILLIAM J. CREMERS ti x
KENNETH L.EDWARDSy' �+ Telephone (631) 765-1938
GEORGE RITCHIE LATHAM,JR. Oiy `� Fax(631) 765-3136
RICHARD CAGGIANO
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
h Snthold Town
PI=r,^,ina Eoard
Subdivision Application Form
Name of Subdivision: Minor Subdivision of Morell LLC
Suffolk County Tax Map # 1000- 83-02-12
Type of Subdivision: MajorMinor Set-Off Lot-Line
Cluster Subdivision: Yes No
Hamlet: Cutchogue
Street Location: Oregon Road
Acreage: 1,303,699 sq.ft./ 36.816 acres
Number ofLotS: 4 lots
Zoning District: AC
Date: March 22, 2004
Has this property had a previous application to the Planning Board? Yes Imo
Has this property previously received a SEQRA review? Yes C
fNQ-
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 Nod
Appl. No. Date
Is this property adjacent to any bodies of water? Yes No
Are there any wetlands on the property? Yes CN70
Are there public water mains in an adjacent street? Yes C No
Is public water proposed for the subdivision? Yes No
Is the majority of the property forested? Yes CNO
Is any part of the property in active agricultural use? ( No
Is there an existing or proposed sale of development rights on the property? Ye No
Is there a mortgage on the property? Yes No
' `N -
Does the owner own any adjacent properties? No 'AMe r�
Are there any building permits currently pending on this property? Yes No
Signature of Preparer «/ Date 3 'o?-;2 -0��
Please list name, mailing address, and phone number for the people below:
Applicant: Morell 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): Morell LLC
P-0-Box 1289
Cutchogue, NY 11935
Surveyor: Joseph A. Ingegno
P.O.Box 1931
Riverhead, NY 11901 727-2090
Engineer:
Attorney: Patricia C. Moore Esq.
51020 Main Road
Southold, NY 11971
Other Agent(s):
TRANSACTIONAL N.ISCLOS11119 FORM
The Town of Southold's Code of tthlcs prohibits conflicts of
Interest on Lite parL of .town officers and employees. The
purpose of this form is to provide information which can
alert Lite town ofoabie onflicts of interest and allow
it to take wha Lever acL en Lce necessa to avoid same_
.YOUR NANR: MG a,e� L-L-r—_ .
(Last name, first name, middle initiil, unless
you are applying In the name of someone else or
other entity, such as a company . If so, iu(llcate
the other person' s or company' s name. )
NATURE OF APPI.ICATIoN: (Check al). that apply . )
Tax grievance
Variance
Change of zone .
Approval of plat _
Exemption from plat or official map,
Other
(If "Other," name the activity. )
Do you personally (or throug), your company, spouse, alblitng,
parent, or child) have a Yelationnhip with any officer or
- employee of the Town of Southold? "Relationship" Includes
by blood, marriage, or business interest- -nusinean
Interest" means a business, Including a partnership, In . .
which the town orficer or employee has even a partial
ownership of (or employment by) a corporation In which
the town officer or employee ownn more than 5% of the —
shares.
YES NO
Ir you answered "YES, " complete the balance or thisform and
and sign where indicated.
Name of personemployedby the Town of Southold
Title or position of that person
Describe the relationship between yourself (tile applicant)
and the town officer or, employee. Either check tile
appropriate line A) through D) and/or describe in the space
provided.
The town officer or employee or hist or her spouse, sibling,
.parent, or child is (check all that apply) ,
A) the owner of greater than 5% of the shares of the
corporate stock of -the- applicant (when - the applicant
in It corporation), -
D) the legal or beneficial owupr o( any Interest In a
_ noncorporate eutl Ly (when the npplicaot is not a
corporation) ;
C) an officer, director, hartopr, dr employee or Lite
applicant; or
D) the actual appttcant.
DESCRIP'r;ON OF NELATIONSIIU`
Sohml Lted this day f149_
S igIII I:ure
I'r 111P, uame
9 0
I , Morell LLC, owner of the prooperty at Oregon Road, Cutchogue, NY bearing SCTM #
1000-83-02-12 , 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.
Morell LLC
Signature: By:
/ uis Corso, Managing Member
Sworn before me this
22nd day of March, 2003
Notary Public
MARGARET C. RUTKOWSKI
Notary Publi•tate of Now York
No.Qualified in Suffolk Cou"'�Jv 7
Commission Expires
• 61720 •
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may
be significant. The question of whether an action may be significant is not always easy to answer, Frequently, there are aspects of
a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal
knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge
in one particular area may not be aware of the broader concerns affecting the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process
has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists
a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance
as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The
form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: ❑ Part 1 ❑Part 2 ❑Part 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that:
�A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a
significant impact on the environment, therefore a negative declaration will be prepared.
❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore
a CONDITIONED negative declaration will be prepared.*
❑C. The project may result in one or more large and important impacts that may have a significant impact on the
environment, therefore a positive declaration will be prepared.
*A Conditioned Negative Declaration is only valid for Unlisted Actions
,')i .Sod c✓icllSi'an Q/'j01) LC e / /rJ)/i-'- CL C
v
nName of Action
�Ukll7 ( Sl/�i0/L/ V14nn' 1 304./c/
Name of Le6d Agency
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
U,L;i..'//'�_-,,,,"I --,e-Z" �._ IJA4 �'
SOhnature of Reiponsible Officer in Lead Agency Signature of Prey rer (If differe4)t from responsible officer)
Date
Page 1 of 21
• PART 1—PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant
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 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 MbYL. �� LSC
LOCATION OF ACTION Dnclude Slreel ddress, Municipality and County)
pre �ni�ac/
BUSINESS TELEPHONE
NAME OF APPLICANTISPONSOR
/06)P- C- f )
ADORE55 G% n ex /Z-
/
z o I
CITylPO /J CJ _ ST TE ZIP CODE_
Cv fC ?O
NAME OF OWNER pl dllfereng - BUSINESS TELEPHONE
5arne t i
ADDRESS
CITYIPO STATE ZIP COOS
DESCRIPTION OF ACTION
y Lot /nrne� �v�lv, sro� �o � ./a17Bn �Ulxjtv: s ,cm
(Sa/c 0f Qe %"'!n
Please Complete Each Question—Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed Jnd undeveloped areas.
1. Present land use: OOrban ❑Industrial OCommercial OResidential(suburban) ORural W
OForestAgriculture . ❑Other
2. Total acreage of project area: �° g acres.
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLE
Meadow or Brushiand (Non-agricultural) acres
Forested acres
Agricultural (Includes orchards, cropland, pasture, etc.) 3fv 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 sitel L oain c%< Sancl� Sccnc�
a. Soil drainage: OWeil drained IrO % of site OModerately well drained % of $i
OPoorly drained % of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of
Land Classification System? 3 / acres. (See 1 NYCRR 370).
4. Are there bedrock outcroppings on project site? OYes o
a. What Is depth to bedrock? (in feet
2
5. Approximate percentage of proposed project site with slopes: ❑0-10% % 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 XNo
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes VI
8. What is the depth of the water table? � i (in feet)
9. Is site located over a primary, principal, or sole source aquifer? Yes ❑No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes XNo
11. Does project site contain any species of plant or animal life that is identified as threatened or endangere
Oyes �[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 formation
Dyes J]No Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation are
Dyes PNo If yes, explain _ grru Cfi%G
14. Does the present site include scenic views known to be important to the community?
Oyes PNo Aqric4d/ vLe— .
15. Streams within or contiguous to project area: l.i
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area: ,\11
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? Dyes ONo
b) If.Yes, will improvements, be necessary to allow connection? (lyes DNo
18. Is the site located in an agricultural district certified.pursuant to Agriculture and Markets Law, Article 25-A
Section 303 and 304? lyes 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 )INo
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: _ 6f acres initially; _. 7 acres ultimately.
c. Project acreage to remain undeveloped X31 acres.
d. Length of.project, in miles: A/�A (if appropriate)
e. if the project Is an expansion, indicate percent of expansion proposed %;
f. Number of off-street parking spaces existing ; proposed
g. Maximum vehicular trips generated per hour (upon completion of project)?
h. If residential: Number and type of housing units:
One Family Two Family Multiple Family Condominium
Initially 0
Ultimately q _
I. Dimensions (in feet) of largest proposed structure 'mss height; width; Ir 60 length.
J. Linear feet of frontage along a public thoroughfare project will occupy is? �$_ ft
3
• i)
2. How much natural material (i.e., rock, earth, etc.) will be removed rom the site? tons/cubic ya
3. Will disturbed areas be reclaimed? Oyes ONO P6/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? acres.
S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
Oyes 944o
6. If single phase project: Anticipated period of construction /y 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? Dyes ^j(9NO
9. Number of jobs generated: during construction /o ; after project is complete O
10. Number of jobs eliminated by this project O
11. Will project require relocation of any projects or facilities? Dyes ONO if yes, explain
12. fs surface liquid waste disposal involved? Dyes P�No
---- -- a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? I$Yes ONO Type _Sa�crfa-+ `7� h°mrs
14. Will surface area of an existing water body increase or decrease by proposal? Dyes l Mo
Explain
15. Is project or any portion of project located in a 100 year flood plain? ❑Yes o
16. Will the project generate solid waste? NYes ONO r6ctiK/o��i�
a. If yes, what is the amount per month �e6 tons(
b. If yes, will an exist'r)g
C. If yes,.ge name solid waste facility be used? Wes ONO
S `ti�OrF %ns�rs �fnficn location
iv
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes Cdo
e. If Yes, explain
17. Will the project involve the disposal of solid waste? /OYes ONO
a. If yes, what is the anticipated rate of disposall d tons/month.
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? 9,Yes ONO 005MM� A$/I/LULTVf L PQAtFC�
19. Will project routinely.produce odors (more than one hour per day)? Dyes *0
20. Will project produce operating noise exceeding the local ambient noise levels? Oyes *0
21. Will project result in an increase in energy use? Yes Cl No
If yes., indicate type(s) L/104 " 4 ���itc(Or2[FS
22. If water supply is from wells, indicate pumping capacity. AQ#yb gallons/minute.
23. Total anticipated water usage per day gallons/day.
24. Does project involve Local, State or Federal funding? ❑Yes *O
If Yes, explain
4
r 2S. Approvals Required: Submi
Type Dab
City, Town, Village Board OYes kNo
City, Town, Village Planning Board IVgYes ONo �/ C.od SL%R'IC✓,S�07t .S"ZZ -O
City, Town Zoning Board ❑Yes -MNo
City, County Health Department 'IYes ❑No
t'7
Other Local Agencies ''(�lYes ❑No u D l7 �/ NT3itflC�CT
Other Regional Agencies 01Yes ONo 2r
State Agencies Dyes ONo
Federal Agencies OYes ❑No-
C. Zoning and Planning Information
1 . Does proposed action involve a planning or zoning decision? [Wes ONo
If Yes, indicate decision required:
Ozoning amendment ❑zoning variance Ospecial use permit I$subdivislon ❑site plan
Onew/revision of master plan ❑resource management plan Oother
2. What is the zoning classification(s)of the site? Az�-
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
/F Cdr5
4. .:What is the proposed zoning of the site? a A51-e '- h'G
S. 'What is the maximum potential development of the site if developed as permitted by the proposed zoning?
6. Is•the proposed action consistent with the recommended uses in adopted local land use plans? P(Yes
7. What are the predominant land use(s) and zoning classifications within a 1/. mile radius of proposed action?
aks'ldeOf7
8. Is the proposed action compatible with adjolningtsurroundIng land uses within a 1/. mile? Yes
9. If the proposed action is the subdivision of land; how many lots are proposed?.
a. What is the minimum lot size proposed?
10. Will proposed action require any authorizations) for the formation of sewer or water districts? ❑Ye�
11. Will the proposed action create a demand for any community provided services (recreation, education, g
fire protection)? Yes ONo
a. If yes, is existing capacity sufficient to handle projected demand? yes DNo
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? ❑Yes 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 mitig
avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
APPlicant/SPonsoMD It LU -- Date 3 —n
Signaturg Title
If the ar lori is In the Coastal Area, and you are a state agency,complete the Coastal ssessment Form before pros
with this assessment. 5
Town Of Southold
P.O Box 1179 .
Southold, NY 11971
* * * RECEIPT * * *
Date: 04/29/04 Receipt#: 8997
Transaction(s): Subtotal
1 Application Fees $3,000.00
Check#: 8997 Total Paid: $3,000.00
' i
I
S9ilzll[''Id T71Y'i9
L L LLC-
Name: More, Realty Management Corp
Po Box 1289
Cutchogue, NY 11935
Clerk ID: BONNIED Internal ID:93084
Prr
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 y yours,
ricia C. Moore
PCM/bp n
` wOJ 2 v 2Q06
encls. i
C: Mr. Louis C. Corso, Managing Member, ^�
Oregon LLC & Morell LLC
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold,New York 11971
Tel: (631)765-4330
Fax: (631)765-4643
September 28, 2006
Attn: Anthony I
Planning Board, Town of Southold
Main Road, PO Box 1179 `
Southold NY 11971
HAND DELIVERED
RE: CONSERVATION SUBDIVISION OF OREGOS-LLC.AND-MORELL L"LP
SCTM: 1000-83-2-11.5 & 12
Dear Anthony:
With reference to the above and pursuant to your notice dated August 23, 2006
and our subsequent telephone conversations, enclosed please find:
1. My clients check in the amount of$17,500.00 for the perk & playground fee
required. ;� A ,r,_,�,-,e�--)
2. Application for Final Plat Approval (�`
3. Copy of Planning Board C & R's which have been sent in for recording
4. Copy of Road & Maintenance C & R's which will be filed simultaneously with
the approval subdivision map
Please let this letter also serve as a request for an extension of time for
preliminary approval.
Thank you and please do not hesitate to contact the undersigned should you
have any questions.
Very truT ours,
i�'
��dfricia C. Moore
PCM/bp
encls.
C: Mr. Louis C. Corson, Managing Member,
Oregon LLC & Morell LLC
V ` SOUTHOLD TOWN PLANNING BOARD
DECLARATION OF COVENANTS AND RESTRICTIONS
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 pr(:rnis�=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 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 Occupancv.
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
B�
Louis C . Corso, Managing Member
Oregon, TSL C
By:
Louis C. Corso, Managing Member
State of New York )
ss :
County of Suffolk
On this 2.�*u 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 ` ublic
PATRICIA C.MOORE
Notary Public,State of New York
Suffolk County-No.4861668
Commission Expires June 16,7&LO
State of New York )
ss :
County of Suffolk )
On this `j 44- 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 .
Notar Public
PATRICIA C. MOORE
Notary Public,State of New Yofk
Suffolk County-No.4861688
Commission Expires June 16, 'LV/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 Nevi 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 "X 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 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
tfo me_ly oc j_acNh B. and Meea _y B. na
nnabury;
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
L A
RATION 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 1289, Oregon Road,
Cutchogue, New York, 11935 , herein "Declarant" , and
Morell LLC, doing business at P .O.Box 1289 , 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 prepared by Joseph Ingegno, Land
Surveyor, dated February 26, 2004 filed as map # with
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.
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
I
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 existing 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 1289 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.
Morelli LL
BY
Oregon, LLC J� j
By: _�
4
State of New York )
) : ss . :
County of Suffolk )
On the eay of N@P7 in the year 2006 before me, the
undersigned, personally appeared Morell , 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 .
Notb is
ary P
BETSY A.PERKINS
N,m,y Public.State of New YM
No,01 PE 6130&38
ouwitieo in Suffolk Cateriy
Commission Expires July 18.��
5
t YLANNING BOARD MEMBE DIALLING AI)DRESS':
��F so P.O. Box l t79
JERILYN S.WOODHOUSE � Southold, NY 11971
Chair
OFFICE LOCATION:
KENNETH L. EDWARDS N k Town Hal] Annex
MARTIN 11. 9IDOR T 0 54375 State Route 25
GEORGE D.SOLOMON
cor. Main Rd. &Youngs Ave.)
JOSEPH L.'POWNSI?ND CQU 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 f3-'5—. 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,
2eniyn B./Woodhouse
Chairperson
cc: Melissa Spiro, Land Preservation Coordination
Elizabeth Neville, Town Clerk
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CWYEREW DATE:
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 .
s�
PLANNING BOARD MEMBEROS MAILING ADDRESS:
P.O. Box 1179
JERILYN B.WOODHOUSE SO Southold, NY 11971
Chair
OFFICE LOCATION:
KENNETH L.EDWARDS Town Hall Annex
MARTIN H.SIDOR C� 54375 State Route 25
GEORGE D.SOLOMON
(cor. Main Rd. &Youngs Ave.)
JOSEPH L. TOWNSEND 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. MOORED.
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 , 2,006
X.-V2
u� p(
Southold Town Planning Board
Town Hall
53095 Main Road 2QQ6
P.O.Box 1179
Southold, NY 11971
Att : Anthony Trezza
Re : Conservation subdivision"
Oregon LLC/Morel l LLC a
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�y yours,
C-
Patricia C. Moore
PCM/mr
Encls .
cc : Mr . Corso
0 6
PATRICIA C. MOORE s 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 .
Vr 1 yours,
P Pi is C. Moore
PCM/mr
Encls .
cc : Mr. Corso
DEC 2 2 �U05
MAILING ADDRESS:
PLANNING BOARD MEM13ERO q SOUjo • P.O. Box 1179
JERILYN B.WOODHOUSE y Southold, NY 11971
Chair OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
KENNETH L.EDWARDS o • Q 54375 State Route 25
MARTIN H.SIDOR :A (cor. Main Rd. &Youngs Ave.)
GEORGE D.SOLOMON COUrm, Southold, NY
Telephone: 631 765-1938
Fax: 631765-3136
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 MEMBEP.O. Box 1179
JERILYN B.WOODHOUSE
O��OF SO(/rypl Southold, NY 11971
Chair h Q
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
KENNETH L.EDWARDS G • 54375 State Route 25
MARTIN H. SIDOR % I O (cor. Main Rd. &Youngs Ave.)
GEORGE D.SOLOMON liYr'�UIY 11 N Southold, NY
Telephone: 631 765-1935
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 GG 05 03: 12p Moore Law Office G31J65 4643 p. 1
�7
PATRICIA C. MOORE
Attorney at Lak'
51020 Main Road
Southold.N.Y. 11952
Tel.(631) W-4330
Fax:(631)765-4643
Mnrgarcl Rutkowski
Betsy 1°CI'kins
Sacret:uv
December 6, 2005
pts. Jeri woc)dhouse, Chairwoman
southoid Toa°n Planning Board
Town 1-1all
5�095 Main Road
P.O.Box. 1179
Southold, NY 11.971
F,tt: Anthony Trezza
;BY FAX)
Re: Ccnservat'-on subdicisicr.
Oregon LLC/:Korell LLC
SCT1#1000-83-02-11. . 5 & 12
Dea- Patthcrty:
Peas: extend the preliminary reap approval at your next
regular meeting. The .nap has beer. completed and suc�mitted to _he
Hea] L.h. Department for plr . Hilbert' s sign6ture.
T' you ccu'_d ask t::e Health Department-_ to please sign the
map, we 1j.ou- d greatly arPoreciate your assistance.
Very truly yours,
�� ..�—
Patricia C. More
PCV/mr
Encls .
cc : tor. Corso
MAILING ADDRESS:
PLANNING BOARD MEMBERS OF sour P.O. Box 1179
JERILYN B.WOODHOUSE O�� '70l Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
KENNETH L.EDWARDS G C 54375 State Route 25
MARTIN H. SIDOR (cor. Main Rd. &Youngs Ave.)
GEORGE D. SOLOMON ��yC0001 Southold, NY
111, Telephone: 631 765-1935
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/Morell 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:
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.
I
N.
LOUIS C.
LUBA GOR50�RI �qt
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AT
PATRICIA C.MOORE J '�
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
53095 Main Road
P.O.Box 1179 �'; AUG 12 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:
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. trulyyours,
�..._.Pafricia C. Moore
cc: Mr. Corso
PCM/mr
Encls.
PATRICIA C.MOORE /yip
Attorney at Law ��VV
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 .
PATRICIA C.MOORE
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
Art: 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.
Ver ours,
'Tatilcia C. Moore
cc: Mr. Corso
PCM/mr
Encls. — N,
-
(ln i"''
z J U L 2 5 2005 '
It
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 plsnt�" specifications +are
identified in the Southold '�"' o ode. Subdivisionregulations A108-45 . The ovW shalla ate
survival of the plants for al* nim* e&iV of'jfi e
a
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 .
MAIUNG ADDRESS:
PLANNING BOARD MEMBERS �OF SO(/ry P.O. Box 1179
JERILYN B.WOODHOUSE Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS H Town Hall Annex
KENNETH L.EDWARDS el_ �O 54375 State Route 25
MARTIN H.SIDOR in Rd. &Youngs Ave.)
GEORGE D.SOLOMON y�Qorm, (cor.MaSouthold,NY
Telephone: 631 765-1938
Fax: 631 765-3136
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 a
Town Hall
53095 Main Road _
P.O.Box 1179 JUN 2 0 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:
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,
��dfricia 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.
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.
arantee the
• •
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 m
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.
be
r.. ft
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 a
_L1�nninrr IWP,A._.
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 .
Jeffrey T. Butler, P.E. S`,'; JUN 1 5 2005
PO Box 634
Shoreham, New York 11786
-7-7 ,
631-208-8850
Licensed Professional Engineer �—
Member National Society IX Profess;onat Engineers
Performance Bond Estimate For:
Oregon L.L.C./M,erlot L.L.C.
SCTM# 1000-083-02-11.5, 12
February 9, 2005
Item. Qty: Will Price: Estimate Cost
1.Clearing and Grubbing 1 75 acres 4000.00/acre
$7,000.00
2. Road Excavation,
Subgrade Construction and
Final Grading 2444 ay, 3.001 c.y.
$7,332.00
1.Roadway Pavement 1546 c y. 15.001 C.
y. $23,18700
4,Drainage Pipe 15"
Diameter
120 c.f. 15.00;it $1,800.00
5.Drainage Structures
A) Manholes 8 210 ea
Bj Catch Basins 4 210 ea $1,680.00 Cj leaching Basins 8 900 ea
$840.00
6.Screen Planting 105 50.00 ea $7 200.00
$5.250 00
7.Top Soil &Seeding
Roadway Shoulder 3200 S-y. 3.001 s.y.
$9,600.GU
8.As Built Survey 1 75001 ea
7 .00
Subtotal $71,389.00
15% Bond Inflation
&Contingency. 10 706!35
Total Estimated
pF NE y(i y cost of Public
FRE T gUr O tmProvements: $82,097,35
Respectfu!IySubmitted, CO
Jeffrey T. Butler, P.E.
Op 07349
g�FfS510NP�
U -d E494 SOL 169 at)ljjD me-I ajooW e6br80 SC 91 Jnr
/ MAILING ADDRESS:
PLANNING BOARD MEMBERS OF SOUjyoP.O. Box 1179
JERILYN B.WOODHOUSE hQ l� Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS co Town Hall Annex
KENNETH L. EDWARDSG ,�a�O 54375 State Route 25
MARTIN
D SOLOMON Southold, NY�1��'oU'M �'C. (cor. MaYoungs Ave.)
GE
IY 1, Telephone: 631 765-1938
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 Man
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 h4questi, need further assistance, please feel free to contact this office.
erAnthony
Senior Planner
Cc: Melissa Spiro, Land Preservation Coordinator
• gUFFO(,� MAILING ADDRESS:
PLANNING BOARD MEMBERS �O� CO
P.O.Box 1179
JERILYN B.WOODHOUSE Southold,NY 11971
Chair y
G OFFICE LOCATION:
• Town Hall Annex
WILLIAM J.CREMERS 1*4 a0� 54375 State Route 25
KENNETH L.EDWARDS
MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.)
GEORGE D. SOLOMON Southold,
NY
Telephone: 631765-1938
Fax: 631765-3136
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 l
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.
per.
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, N.Y. 11952
Tel: (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 E
P . O . Box 1179 MAR 2 5 2005
Southold, NY 11971
Att : Anthony Treza j
(BY FAX)
Re : Conservation subdivision._
Oregon LLC/Morell LLC
SCTM#1000-83-02-11 . 5 & 12
Dear Antnor_y :
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
"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
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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-trxy yours ,
cc : Mr . Corso ...Patricia C . Moore
PCMImr
Enols .
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Oregon LLC/Morel) LLC
c/o Louis C. Corso
EXPRESS MAIL
Suffolk County water Authority
ATT-N:Lawrence E.Anderson
2045 Route 12
Suite 1
Coram,NY 11727-3085
Manch 22,2005 RE: water Maim Ce.rraer-orgm)teed,Cttlebosee
AetbwI= %M 1145.247-C
Dear Mr.Anderson:
Attached,please find three signed and notarized copies of the Water Main Contract—
Authorization#11-05-247 C.
Also attached,please find a check in the amount of$6,60200 as required by peagraph 2 of
the contract.
Please return an executed copy to us as won as possible. Thank you
Should you have any questions or need any further information,please do not hesitate to
contact me.
Sincerely,
Louis C.Corso
LCC:bs
Attachmew
PO Box 1044
13451 Oregon (toad
Cutchogue, NY 11935
631-734-2588
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SUFFOLK COUNTY WATER AT 0RITY
2045 Route 112,Suite 1,Coram,NOW YerK 11727-3065
(631)698.9500 FAX(631)896.9651
March 11,2005
Oregon LLClMorell LLC
I3451 Oregon Road
Cutchogue,NY 11935
Re: Water Main Contract—Oregon Road,Cutchogue
Auth# 11.05-247-C R$V1SED
Gentlemen:
Enclosed is revised Construction Contract 11-05-247-C, for the installitiort of water main as
described in the agreement.
If the contract meets with your approval,please Mange to sign all three copies fit the presence of
a notary,who should complete the appropriate notery 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
main 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:as
Encs.
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SUFFOLK COUNTY WATER AUTHORITY
CONSTRUCTION CONTRACT
THIS AGREEMENT between
OREGON LLC!MORELL LLC
a limited liability corporation having its principal office at 13461 Road
-CMParty or parties of the first part hereinafter known as
"Developer", and the Suffolk County Water Authority, a public benofIt 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 gi tohovue Suffolk County, New York, and desires an extension
Of the mains as follows:
install approxlmatery one thousand one hundred ninety seven 0187)foal of main on
Oregon Road, and two hundred seventy 1270) feet of main on Cox Lane,
COPY
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WHEREAS, SCWA is willing to make such extension upon the terms and
oonditions 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
Ssix
Dollars llfi& ) in accordance with the following ah d
t 5ule.TThe sum of 4,,g'
IhMM2nd gr_ Hundred rw:_Dollars C$f1.e02.Otn shall be paid simultaneously with the
execution of this contract, and the remaining sum of
Hundred Thfdewn is due and shall be paid with the 111
-Effiz
elon
of Developer's site preparation sheet to SCWA,
subject to any interest charge and shall be applied and disposed of as providltG Paid hereunder ed not
®em
2A. The contract sum stated In Paragraph 2 includes repaving of the surface
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 reatoretion 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, Its
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, 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
a n arrr of/Iffy percent(50%1
b cost
e the cost calcul
of the W4901781 contract. The refund amount will
bated for the now project. the refund will be split equally among the
customers of record for services that are covered by this contract. If additional
projects shall look for a connection to Th
procedure. The Developer shall not be e same main Within the two-year period, the
previous projects and this one looking for service shall be subject to the same refund
entitled to any other refund or repayment.
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:83i a99 9d5Y • B/ A
ACKNOWLEDGEMENT FORM FOR USE
OUTSIDE NEW YORK STATE ONLY:
State of j
as:
c9unty of )
On the day of In the year 20Q5, before me, the
undersigned Notary Public, personally appeared
personally known to me or proved to me on
the basis of satisfactory evidence to be the individuails) whose name(s) is Care)
subscribed in the within instrument and acknowledged to me that helshe/they
executed the same In hia/herJtheir capsoity(is), that by his/har/their signaturels) on
the Instrument, the Individual(s), 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 politica( aubdiv(sion and the state or country or other place the
acknowledgment was taken).
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STATE OF NEW YORK }
COUNTY OF SUFFOLK }�
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0" }
On the Jco day of MaX4 in the year 2005, before me, the undersigned,
a Notary Public in and for said state, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence to be
the Individual(s) whose name(a) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the some in his/her/their capee ty(ies),
and that'by histherltheir signature(s) on the instrument,the individual(a), or the person
upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
DMA l SrRICKtw�p
Nott''PuDfla gS�bgpa�M Nor,YbA�
OualJlfiatl�Mt SuPo�IN
Cammlasmq Erplree�
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 said state, personally appeared _Staphen M Jones
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
acknowledged to me that he/she/they executed the some in his/her/their capacity(iend
and
and that by hislher/their signature(s) on the instrument,the individual(s), or the person
upon behalf of which the individual(a) acted, executed the instrumem.
Notary Public
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e. 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 faellities within 10 feet, then the Developer
shell pay to the SCWA the cost of this relocation. Water service wll not be provided
until these costs are paid.
9. IT 15 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 22M In the event that (1) the project site is not made ready for main
Installation as specified by SCWA or (2) in the judgment of SCWA the water main
construction cannot be completed by December 1st, or (3) the Developer does not
complete payment during the specified year, the SCWA shall have the right to revise
The above estimate in accordance with their prevailing contract prices for the year in
which the construction is to take place, or upon written request of the Developer the
contract deposit shall be' refunded less design and construction drawing expense e
SCWA end the contract cancelled.
IN WITNESS WHEREOF,the parties have interchangeably set their hands and
seals (or caused these presents to be cloned by their proper corporate officers and
caused their proper corporate Seals to be hereto afflxsdlithisof
20_ �
OREGON LLC/MORELL LLC
Io
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Memo print no;;BLda ar person 811141M Agro ani)
SUFFOLK COUNTY WATER AUTHORITY
.........................................................L.S.
Officer
ISee next page far acknowledomMul
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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 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 (1) 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 a
Private street or streets affected by this undertaking, shall have been executed by the
Proper fee owner thereof, and mortgagees or other lienors, If any, and delivered to the
SCWA.
6. IT IS FURTHER SPECIFICALLY AGREED that performance under this
agreement by the SCWA shall not be required or continued when circumstances
beyond its control prevent, prohibit, or interfere with such performance, Such
circumstances include, but shall not be limited to delays In delivery of materials,
weather conditions, strikes or other labor coff9cuttlss, causes commonly referred to as
"Acts 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 coat 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 suoh change ind
grade or location of Bal
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 strict 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.
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PATRICIA C. MOORE
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
Att: 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,
iEf-��ca
cc: Mr. Corso
PCM/mr
Encls.
31�
MAR 17 20"
• Mi
S�
PATRICIA C.MOORE
Attorney at Law
51020 Main Road
Southold, N.Y. 11952
Tel: (631)765-4330
Fax: (631) 765-4643
February 17, 2005
Southold Town Planning Board
Town Hall
53095 Main Road
P.O.Box 1179
Southold, NY 11971
Attention: Mark Terry
(BY FAX)
Re: SCTM#1000-83-02-11.5
SCTM#1000-83-2-12
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 I 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
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 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 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.
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 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 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.
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 time 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 , 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.
8 . 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 .
9 . Declarant hereby reserves the right to grant an easement
0
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.
10 . 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
only with the written consent 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 .
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 Dist�zict 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.
,.Wer tr o�
Patricia C. Moore
cc: Mr. Corso
PCM/mr
Encls.
�) COUNTY OF SUFFOLK S
C
Robert J. Gaffney
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES LINDA MERMELSTEIN,M.D., P.H.
Acting Commissioner
January 28, 2003
Mr. Louis Corso
13451 Oregon Road
Cutchogue, NY 11935
Subiec : Board of Review Hearing—November 14, 2002 j
Report of Findings and Recommendations of the Review Board Regarding.
Rio-o1-0219 —residence @ Nine Stevens, n/s r.o.w., 1602 ft.w/o.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,
i r j C
Walter Dawydiak,Jr., PE,JD
Acting Chairman, Board of Review
WD/kn
enclosure. E C E 9 U E
C: Board of Review File— Riverhead D
James Bagg— Planning Dpt.
Valerie Scopaz—Town of Southold FES - 6 i0
Sy Gruza, Esq. — Beveridge and Diamond
Roy Reynolds, PE— SCDHS D
Southold Town
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
r` 0 )
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
DIVISION OF ENVIRONMENTAL QUALrry
ARTICLE 2, SECTION 220, SUFFOLK COUNTY SANrrARY CODE
TO: Linda Mermelstein, M.D., M.P.H.,Acting Commissioner
FROM: Walter Dawydiak,Jr., P.E., J.D.,Acting Chairman, Board of Review
SUBaEcr: Report of Findings and Recommendations of the Review Board Regarding:
Rio-ol-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
i. 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
bearing Date: November 14,2002
Subject: Report of Findings and Recommendation of the Board of Review Regarding:
Rio-of-o2i9 - 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.)
6. (cont'd.)
- Memorandum of Law(Beveridge&Diamond, November 11, 2002)
- Part 360 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) LegalArguments
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.
6) 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:
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
FINwNGS AND FAm(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 Eoard 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 760-609 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 prorosed development to public water supply. The applicant will then need to
provide informatio6 to the Department regarding conformance with Section 4064.11 of the
SCDHS Private Water Standards,Access to Public Water(Community Water Supply),which
requires connecton 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
ii.
L Gj-1
SUFFOLK COUNTY WATER AUTHORITY
Stephen M. Jones Administrative Offices. 4060 Sunrise Highway, Oakdale, New York 11769-0901
(631) 563-0219
Chief Executive officer Fax (631) 563-0370
December 18, 2002
�R74 At +z
x nr
Vito Minei
Suffolk County Department of Health Services
220 Rabro Drive East Z
Hauppauge, NY 11788
Re: Cox Lane water service, Cutchogue
,f
Dear Mr. / nei:Cf
Enclosed 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 t.6e remainder of Cox Lane and waiving
the 50% participation rule in light of the 199 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 there are other areas around the landfill where SCDHS feels public
water 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 part of January.
Very truly yours,
giiefecut�
VOfficer
SMJ:dmm
Enclosures
cc: M. LoGrande w/enclosure
H. Miller w/enclosure
M. Frank w/enclosure
P. Ponturo w/aerial
M. Trent w/aerial •�
T. Wickham w/aerial
s
f
F' c
' � l
.\ Y/ �1
w..
Paid for by Developers'
Surcharge Area
i
PLANNING BOARD MEMBERS o�pgpFFO(,�co
JERILYN B.WOODHOUSE „� Gy P.O. Box 1179
Chair G Town Hall, 53095 State Route 25
w Z Southold, New York 11971-0959
RICHARD CAGGIANO N' Telephone (631) 765-1938
WILLIAM J.CREMERS
KENNETH L.EDWARDS y�Ol ���� 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 &a l2 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 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 restrictions 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).
If you uestions, pi se feel free to contact this office.
;ntho4
Senior Planner
��gUFFO(,�co MAILING ADDRESS:
PLANNING BOARD MEMBERS P.O.Box 1179
JERILYN B.WOODHOUSE Southold,NY 11971
Chair y
Z OFFICE LOCATION:
RICHARD CAGGIANO • Town Hall Annex
WILLIAM J.CREMERSy?Jpl �aO! 54375 State Route 25
KENNETH L.EDWARDS * (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR Southold,NY
Telephone:631765-1938
Fax: 631765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
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
Dear 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/Morell — Pape 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 ownership and a Road and Maintenance
Agreement for the right-of-way.
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,
4, C7�v La c-UJtil ei/�
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 u
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)
i 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.
V�Py tr ly yours,
L_P_�� icia C . Moore
PCM/mm
Enclosures
D ECEBd �
OCT - 1 2004
D
Southold Town
Plannin BoarA
• •
AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property knexraim
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 o record of every
PFOP
and
Luba Corso
Your Name (print)
Sign e
13451 Oregon Road, Cutchogue, New York 11935
Address
September 23, 2004
Date
Itc,[" &L2 L�
Notary Public
MELISSA McGOWAN
Notary Public,State of NowVbrtl
No.4995819
OudW in conowww bow Q a
PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS &
GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 10/1/04
Re: Proposed Maior Conservation Subdivision Oreaon LLC/Morell 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
r-, hpariRR RR
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 24, 2004
Margaret Rutkowski
Your Name (print)
Signature T
695 Theresa Drive, Mattituck, New York 11952
Address
September 29, 2004
Date
NotaryPubli
MELISSA McOOWAN
NO"Public,State of Now Yb*
No.4995913
OwNed In Suffolk Courily
ODarrti WW Expiry May 4,ALO&
PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS &
GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 10/1/04
Re: Proposed Major Conservation Subdivision Oregon LLC/Morell LLC
SCTM#s: 1000-83-2-11.5 & 12
Date of Hearing: Monday, October 4. 2004. 6:10 D.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
PCMmr
Enclosure
cc: Oregon LLC and Morell LLC
Southold Town Planning Board
Notice to Adiacent 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 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. (2nd 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/Morel) LLC
Date: 9/20/04
PLANNING BOARD MEMBERS o�pgUF oG
JERILYN B.WOODHOUSE P.O. Box 1179
Chair yTown Hall, 53095 State Route 25
2 Southold, New York 11971-0959
RICHARD CAGGIANO O Telephone (631) 765-1938
KENN WILLTH L EDWARDS J. CREMERSy'�Ol �aO� 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,
/ ��,�sCdZL
Jerilyn B. Woodhouse
Chairperson
cc: Melissa Spiro, Land Preservation Coordinator
PLANNING BOARD MEMBERSo�dgUFFO(,�cIG '
JERILYN B.WOODHOUSE _� y� P.O. Box 1179
Char y Town Hall, 53095 State Route 25
Z Southold, New York 11971-0959
RICHARD CAGGIANO O Telephone(631) 765-1938
WILLIKENNETH J.CREMERS
KL.EDWARDS y�01 .�`aFax (631) 765-3136
MARTIN H. SIDOR s
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
SCTM#1000-83-2-11.5 & 12 Zoning District: A-C
Dear Mrs. Moore:
The Cutchogue F ire District has reviewed the proposed subdivision plan forth
above-referenced property and has recommended the installation of two (2) i
electric fireweills in the locations as shown on the enclosed sketch. A copy of
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 27"' work session
If you have any questions or need additional assistance, please feel free to
contact this office.
S' e ,
Anthony . Trezza
Senio lanner
Enc.
CUTCHOGUE FIRE DISTRICT
s ' 260 New Suffolk Road, PO Box 930, Cutchogue, NY 11935
r �
u Telephone (631) 734-6907 • Fax (631) 734-7079
E-mail: cutfd@optonline.net
75 Years
of Service
September 15, 2004
Southold Town Planning Board Mr. Anthony P. Trezza En
PO Box 1179
Southold,NY 11971
Ref: Minor Subdivision of Oregon LLC/Morrell LLC
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
�gUFF014,
PLANNING BOARD MEMBERS
JERILYN B.WOODHOUSE _� �� P.O. Box 1179
Chair w Town Hall,53095 State Route 25
Z Southold, New York 11971-0959
RICHARD CAGGIANO O Telephone (631) 765-1938
KENNE H L EDWARDS J.CREMERSy�0,( Q� 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# 1900-83-2-11.5 & 12
0 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.
1X The enclosed subdivision is being referred to you for your
recommendation as to whether any farewells are needed.
Please specify whether firewells are shallow or electric.
Thank you for your cooperation.
V.e y y
r'
Anthony . Trezza
Senior Planner
enc.
S:\Planning\2004 Fire District Ret\8.12.04 oregon.DOC
pLANNING BOARD MEBE•
M �O�OggFFOL,��oGy • P.O. Box 1179
' JERILYN B.WOODHOUSE C Town Hall, 53095 State Route 25
Chair Ns Southold, New York 11971-0959
RICHARD CAGGIANO O Telephone(631) 765-1938
�' O Fax(631) 765-3136
WILLIAM J.CREMERS
KENNETH L.EDWARDS
sola
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 `he property is
located No 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 The
property is located n/o Oregon Road, at the terminus of Cox's Lane,
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(1) AFFDVT TO THI AOSHOFFICEYTHANK OU.BR 23, 2004 AND FORWARD
ON
COPY SENT TO: The Suffolk Times
Page 1 of i
Kalin, Carol
From: JOAN ANN [JAWEBER@timesreview.coml
Sent: Monday, September 20, 2004 12:53 PM
To: Kalin, Carol
Subject: 9/23
Carol:
Legal Ad for 9/23 edition received
Joan Ann
9/20/04
PLANNING BOARD MEMBER O�OS�FFO(,�coG
JERILYN B.WOODHOUSE P.O. Box 1179
Chair H Town Hall, 53095 State Route 25
Z Southold, New York 11971-0959
RICHARD CAGGIANO O Telephone (631) 765-1938
WILLIAM J. CREMERS
KENNETH L. EDWARDS ,( # �,a0�' Fax(631) 765-3136
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
16:05 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/Morell 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 Regular Meeting:
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
XAay Of�v,fi24rW, 2004.
Nota Pu lic
MELANIE DOROSIO
NOTARY PUBLIC
State of New Nbrk
No.Qualified in Suffolk County
Commission Expires September 3
PLANNING BOARD MEMBER �SpFFO(,��o •
JERILYN B.WOODHOUSE h`Z`� G.y P.O. Box 1179
Chair c Town Hall, 53095 State Route 25
COD Z Southold, New York 11971-0959
RICHARD CAGGIANO 0 Telephone(631) 765-1938
WILLIAM J.CREMERS
KENNETH L.EDWARD3 y�ol y �a�� Fax (631) 765-3136
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/Morrell 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 Board, at a meeting held on Monday, September 13,
2004, adopted the following resolutions:
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�pSUFFO(,�co •
JERILYN B.WOODHOUSE h`Z` Gy P.O. Box 1179
Chair o Town Hall, 53095 State Route 25
ca Z Southold, New York 11971-0959
RICHARD CAGGIANO Telephone (631) 765-1938
WILLIAM J.CREMERS
KENNETH L.EDWARDS Fax(631) 765-3136
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 err. ronment 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
Notice to f diacem FroGeriy Uwners
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 compris„d 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;
i
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 A., 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 a.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
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.. 10/1/04
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.
§b8-1 NO'T'ICE OF PUBLIC HEARING § 68.1
Chapter 68
NOTICE OF PUBLIC IIRARING
§ 58.1. Providing notice of public hearings.
[BISTORYi Adopted by the Town Board of the Town of
Southold 12-27.1996 as L.L. No. 26.1996: Amendments
noted where applicable.]
158-1. Providing notice of public hearings.
Whenever the Code calls for a public Bearing, this section
shall apply. Upon determining that an application is complete,
the board or commission reviewing the same shall rbc a time
and place for a public hearing thereon,The board or commission
reviewing an application shall provide for the giving of notice:
A. .By causing a notice giving the time, date, place and
nature. of the hearing to be published in the offloial
newspaper within the period prescribed by law.
B. •By requiring the appliopnt to erect the sign provided by
the town, which she t be prominently displayed on the
promises facing each public 6r private street which the
property involved lin the application abuts,.giviag adios
of the application, the nature of the approval sought
thereby and the time and place of the'public hearing
thereon. The sign shall he set back not more than ten
(10) feet from the prbperfS Una. The.sign shall be
'diaplayed for a period of not lees'than seven (7) days
immodlatelq preceding the date .of the public hearing•
shall file as a�davit-that
provis
'llie..BpBlio�t or_hie/her.a�ani;.. ..io.
a/he has complied witb this n.
C. By requiring the applicant to send notice to the owners
of record of every property which abuts and every
property which is across from any public or private street.
6801
§ b6-1 SOUTHOLD CODE
from the property included in the application. Such
noticeshall be made by certified mail, return receipt
requested, posted at least seven(7)days prior to the date
of the initial public hearing on the application and
addressed to the owners at the addresses listed for them
on the local assessment roll. The applicant or agent shall
file an affidavit that s/he has compiled with this
provision.
t:
8802 t_M-M
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.
% ONE - OCTOBER 4 2004 - 6 : 10 P . M .
A
1 . COUNTY OF SUFFOLK •
(a
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 O U
Town of Southold D
PO Box 1179, 53095 State Rte. 25
Southold,New York 11971 SEP 17 2004
RE: Oregon/Morrell Southold Town
SCTM#: 1000-83-2-11.5 & 12 D' nreni
Dear Mr. Trezza:
The Suffolk County Department of Health Services (SCDHS; "Department") has
received your letter &w ed August 10, 2004 concerning the above-referenced project. The
Department has no Ajection 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 ADDlication 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 ♦ RIVERHEAD COUNTY CENTER♦ RIVERHEAD NY
11901-3397
Phone(631)852-2077 Fax(631)852-2743
0
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,`
/
Mara Hogan
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 v
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 of August10, 2004 regarding
lead agency coordination forthe above project pursuant to the State Environmental Quality Review
Act(SEQRA)of the Environmental Conservation Law and it's implementing regulations(6NYCRR
Part 617).
This Department has no objection to the Town of Southold Planning Board Office
assuming lead agency status for this action.
Please send your SEQRA determination to my attention at the address shown above. Please
advise the applicant that 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
AUG
so��thola 1����
Planning Boma
HOW T•QUEST DATA FOR A PROJECT SITE
From the New York Natural Heritage Program
Requests should be submitted in writing. 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. Faxed 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 t�e Name of all counties and towns where the proposed project is located.
4. IncludE.the Name of all 7 1/2m inute U S G S toroog_rWhical mans where the proposed
project is located.
5. Include a Photocopy of the aripronriate 7 `/z minute(1:24.000 or 115,000 scale)U.S.G.S.
tonogranhical man(s) Tax maps, architectural drawings or road maps, not useful.
6. Clearly Mark the boundary of the proposed project with a colored nen or highlighter.
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
EAF,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`h Floor
Albany,NY 122334757 Phone(518) 402-8935 FAX (518) 402-8925
PLANNING BOARD MEMBERS o�OS�FFO(,�coG
y r.o. sox 1179
JERILYN B.WOODHOUSE Town Hall, 53095 State Route 25
Chair H Southold, New York 11971-0959
RICHARD CAGGIANO Oy �'� Telephone(631) 765-1938
WILLIAM
J.CREMERS L EDWARDS 4�j .IL � Fax(631) 765-3136
KENNMARTIN H.SIDOR 'R
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. Issue/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 52.91acre 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
n IE C FE d W E Development Rights Sale to Suffolk County and a 40,020 s.f. building
U 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 13 2004 Suffolk County.
The property is located No Oregon Road at the terminus of Cox Lane in
N.Y. NATURAL HERITAGE 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 furl/her information.
Very truly yours,
erilyn 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 iNF•MATION
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 eons
as part of the application for approval and maybe 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 a
each instance.
NAME OF ACTION
LOCATION OF ACTION(Include Street ddresa,Munlclpallty,and County)
Ore &7/7 �d ad
NAME OF ApPUCANTISPONSOR BUSINESS TELEPHONE
ADDRESS 13
Bx 17 ! .
GTY/PO ST TE - ZIP CODE_
Cv fG�o ✓� 7 /1Q�5
NAME OF OWNER QI different) - BUSINESS TELEPHONE
different)
Sy>172 • I 1
ADDRESS
STATE ZIP COOf
CITYIPO
DESCRIPTION OF ACTION - -
E/ Got /nrnor 5"�tv, srirn — �onszri/a-heT �Ulxjtvrsrey7 /
Ul41,c o� /o7rntn f /Q k/s //Zb3�
Please Complete Each Question—Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed atnd undeveloped areas.
1. Present land use: - O"an ❑Industria( OCommercial OResidential(suLurbao) ❑Rural(m
❑Forest )gAgr('culture . ❑Other
2. Total acreage of project area: S acres.
PRESENTLY AFTER COMPLE
APPROXIMATE ACREAGE '
Meadow or Brushland (Noiragrlcultural) acres _ -
Forested acres _ z3 7 —
Agricultural (Includes orchards, cropland, pasture, etc.) acres
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres --
Water Surface Area acres —
Unvegetated (Rock, earth or fila — acres —
Roads, buildings and other paved surfaces acres —
Other (indicate type) acres --
3. What is predominant soil type(s) on project site? Coam e1o.1rdsaAd4 Send
a. Soil drainage: OWell drained % of site ❑Moderately well drained % of $i
❑Poorly drained % of site
b. If any agricultural (and 1s involved, how many acres of soil are classified within soil group 1 through 4 0l
Land Classification System? 3 acres. (See 1 NYCRR 370).
4. Are there bedrock outcroppings on project site? ❑Yes o
a. What is depth to bedrock? (in feet
2
0) 0)
S. Approximate percentage of proposed project site with slopes:
00-10% /00 % 010-15%
015% or greater %
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Natio,
Registers of Historic Places? Dyes P(No
7. is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes (j
8. What is the depth of the water tablet y0 i (in feet)
9. Is site located over a primary, principal, or sole source aquifer? ] Yes ONO
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes
It 9—N 0
11. Does project site contain any species of plant or animal life that is identified as threatened or endangere
Dyes �bNo According to
Identify each species
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formatiot
❑Yes 3INo Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation are
OYes (($No If yes, explain muni�lf-1r�_
14. Does the present site include scenic views known to be important to the community?
Dyes PNo ifqocid4&te_
15. Streams within or contiguous to project area: MA
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area: 1',V14
a. -Name b. Size (In acres)
17. Is the site served by existing public utilities? Dyes 1 dNo
a) If Yes, does sufficient capacity exist to allow connection? Dyes ONO
b) If Yes, will improvements, be necessary to allow connection? I.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? Ova 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? Dyes )i)No
B. Project Description
1. Physical dimensions and scale of project '
(fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor �b acres.
b. Project acreage to be developed: 49 acres Initially; 7 acres ultimately.
c. Project acreage to remain undeveloped -/ acres.
d. Length of.project, in miles: r✓-A (If appropriate)
e. -If the project Is an expansion, indicate percent of expansion proposed _ %;
f. Number of off-street parking spaces existing ; proposed
g. Maximum vehicular trips generated per hour (upon completion of project)1
h. If residential: Number and type of housing units:
One Family Two Family Multiple Family Condominium
Initially O
Ultimately _ Ll
I. Dimensions (in feet) of largest proposed structure _ height, 0- ?00 width; az 60 length.
1. Linear feet of frontage along a public thoroughfare project will occupy is? vim_ ft.
3
' 2. How much natural material (Le., rock, earth, etc.) will be removed from the site? tons/cubic yai
3. Will disturbed areas be reclaimed? Dyes 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 removed4rom site? acres.
S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
OYes *0
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 demotiti
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 /6No
9. Number'of jobs generated: during construction /0 ; after project is complete 0
10. Number of jobs eliminated by this project 0
11. Will project require relocation of any projects or facilities? Dyes ONo If yes, explain
12. Is surface liquid waste..disposal involved? OYes 046
- - a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water 4ody into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? I$Yes ONo Type s h°mss
14. WIII surface area of an existing water body increase or decrease by proposal? OYes LIo
Explain
15. Is project or any portion of project located in a 100 year flood plain? Oyes ON o
16. Will the project generate solid waste? Wes ONo �GUG�o��
a. If yes, what is the amount per month �tont
b. If yes, ill an exist solid waste facility be used? IOYes ONo
��g tii�GrD � % ocation
u if es
y gluae moi S�a�ien ; ll� G,�o nam
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? . OYes llo
e. If Yes, explain
17. Will the project involve the disposal of solid waste? 01Yes ONo
a. If yes, what is the anticipated rate of disposal? _4VO tonsfmonth.
b. If yes, what is the anticipated site life? years.
18.'Will project use herbicides or pesticides? P.Yes ONo cV57'VM>7� HbkrGv Tv"'- P Grp
19. Will project routinely.produce odors(more than one hour per day)? Oyes *0
20. Will project produce operating noise exceeding the local ambient noise levels? Dyes *0
21. Will project result In an Increase in energy use? I%Yes ONo
If yes., indicate type(s) 4-ItO4
22. If water supply is from wells, indicate pumping capacity. 420%, gallons/minute.
23. Total anticipated water usage per day gallons/day.
24. Does project involve Local, State or Federal funding? OYes , *O
If Yes, explain
4
r 25. Approvals Required: -
5ubmi
,
Type Dat,
N
City, Town, Village Board OYes fNo
City, Town, Village Planning Board , (§Yes ONo r/ laf $LWrSio-q 3 22-0
City, Town Zoning Board ❑Yes WNo
City, County Health Department 'oYes ONo '1565 rT r#C;I:t
Other local Agencies 'oYes ONo tay D d t r i
Other Regional Agencies. Oyes ONo ?
State Agencies ❑Yes ONo
Federal Agencies Dyes ONo
C. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision? lyes ONO
If Yes, indicate decision required:
Ozoning amendment ❑zoning variance ❑special use permit tsubdivislon ❑site plan
Onewlrevision of master plan Oresource management plan Oother
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? ;? - lfc
5. Mhat Is the maximum p tential development of the site if developed ermined b the proposed zoning?
6. Is,the proposed action consistent with the recommended uses in adopted local land use plans? Iseyes
7:: What are the predominant land use(s)�Jand zoning cllassisifications withina �/, mile radius of proposed action?
�C BSrCf2-S�t.rL 4� - ]`!�/2cGr.PJ�li/cK
G�
8. Is the proposed action compatible with adjoiningfsurrounding land uses within a 1/. mile? Yes
9. If the proposed action is the subdivision of land, how many lots are proposed?. Goll
a. What is the minimum lot size proposed? OOOz`
10. Will proposed action require any authorizations) for the formation of sewer or water districts? ny
11. Will the proposed action create a demand for any community provided services (recreation, education, I
fire protection)? 't}Yes ONO
A. If yes, is existing capacity sufficient to handle projected demand? Oes ONO
12. Will the proposed action result in the generation of traffic significantly above present levels? OYesi✓
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 a•
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitig
avoid them.
E. Verifloation
I certify that the information provided above is true to the best of my knowledge.
Appllcant/Sponso M6 it Date 3
Signatur Title
If thea s in the Coastal Area, and you are a state agency,complete the Coastal ssessment Form before prop
with this assessment.
b
PLANNING BOARD MEMBERS o�pS�FFO(k�oG i
JERILYN B.WOODHOUSE y� P.O. Box 1179
Chairy = Town Hall, 53095 State Route 25
Southold,New York 11971-0959
RICHARD CAGGIANO O Telephone (631) 765-1938
KENNE'H L EDWARDS J.CREMERSy�01 �� 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.
U/ 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.
VeCPZ
Anthonezza
Senior Planner
enc.
S:\Planning\2004 Fire District Ref\8.12.04 oregon.DOC
PLANNING BOARD MEMBERS Q�QgpfFO11rea •
JERILYN B.WOODHOUSE G% P.O. Box 1179
Chair y Z Town Hall, 53095 State Route 25
Southold, New York 11971-0959
RICHARD CAGGIANO O Telephone (631) 765-1938
KENNE AM L EDWARDS yJ.CREMERS '17Q( �aQt` Fax (631) 765-3136
MARTIN H.SIDOR
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 Oregon LLC/Morrell LLC
SCTM #: 1000-83-2-11.5 & 12
The subject property is zoned Agricultural-Conservation (AC) and YS located on
the north of Oregon Road at the terminus of Cox Lane in Cutchoue. The
proposed action will subdivide a 52.91 acre area comprised of S "TM# 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 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.
We are preparing to make a formal submission to your office upon receipt of the
road and drainage plan. It is our understanding that the property owner will be
making the submission in the near future.
S:\Planning\2004 Town Engineer Refl8.12.04 oregon.doc
PLANNING BOARD MEMBERS Q� O
JERILYN B.WOODHOUSE Gy P.O. Box 1179
Chair H ? Town Hall, 53095 State Route 25
Southold, New York 11971-0959
RICHARD CAGGIANO O Telephone(631) 765-1938
KENNE H L EDWARDS J.CREMERSy'�Oj 0� 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 termines 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:
PLANNING BOARD MEMBE• �o�OgUFF04co0 •
JERILYN B.WOODHOUSE y� P.O. Box 1179
ChairH Town Hall, 53095 State Route 25
xSouthold, New York 11971-0959
RICHARD CAGGL9N0 O Telephone(631) 765-1938
KENNE'H L.J.EDWARDS y�r7j y � 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,
YeOlyn 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 enviroiment. Please complete the entire form, Parts A through E. Answers to these questions will be cons
as part of the application for approval and may be subject to further verification and public review. Provide any adds
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(Include street Address,Munlclpallty and County) -
OR�— ON /ZA9,�,
NAME OF APPLICANTISPONSOR - BUSINESS TELEPHONE
ADDRESS
CnYlPO.- GuTLNOC.s"E /" E LP CODE
NAME OF OWNER Of different) BUSINESS TELEPHONE
ADDRESS -
on" STATE LP CODE
DESCRIPTION OF ACTION -
f�(rti£c.p/�A7 AUT-S
lYrvo S t l E o , OC;V& _t)pn7c7t17 rCi6NT3 .
Please Complete Each Question—Indicate N.A. if not applicable
A. Site Description
Physical setting of overall projec4 both developed dnd undeveloped areas.
1. Present land use: - OOrban ❑Industrial OCommercial ❑Residential(suburban) ❑Rural(no
❑Forest Agriculture . 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.) / 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 site?
a. Soil drainage. OWell drained 1po % of site ❑Moderately well drained r— % of til
❑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? I'L- acres. (See 1 NYCRR 370).
4. Are there bedrock outcroppings on project site? OYes ONo
a. What Is depth to bedrock? N/il (in feet)
2
S. Approximate percentage of proposed project site with slopes: ❑0.10% /Oa % 010-15% Tom_
❑15% or greater %
6. Is project substantially contiguous to, or �c,o/ntain a building, site, or district, listed on the State or the Nation
Registers of Historic Places? ' ❑Yes rrNO
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes
8. What is the depth of the water table? rya (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? ❑Yes R No
11. Does project site contain any species of plant. or animal life that is identified as threatened or endanger&
❑Yes 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 tgNo Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation are
Oyes �No if yes, explain
14. Does the present ps1i�te� include scenic views known to be important to the community?
❑Yes Pallo 4694cL -7 eC
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: /,✓/A
a. Name b. Size (In acres)
17. Is the site served by existing public utilities? Dyes ONO
a) If Yes, does sufficient capacity exist to allow connection? ❑Yes ONO
b) It Yes, will Improvements. be necessary to allow connection? IPlYe; ONO
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 2S•A
Section 303 and 304? Dyes 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? ❑Yes PNo
20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes IRNo
B. Project .Description
1. Physical dimensions and scale of project((ill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor �� acres.
b. Project acreage to be developed: acres initially; —Aff-3�- acres ultimately.
c. Project acreage to remain undeveloped l acres.
A 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 —NLA—; proposed
g. Maximum vehicular trips generated per hour —E/q-- (upon completion of project)?
h. If residential: Number and type of housing units:
One Family Two Family Multiple Family Condominium
Initially 0
Ultimately A-
1. Dimensions (in feet) of largest proposed structure 312 height; 4 (0O width; P (00 length.
1. Linear feet of frontage along a public thoroughfare project will occupy is? qW ft.
3
0. 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? tons/cubic yal
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 removed4rom site? acres.
5. 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 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 ❑No
8. Will blasting occur during construction? OYes '�6No
9. Number of jobs generated: during construction l0 ; after project is complete
10. Number of jobs eliminated by this project O
11. Will project require relocation of any projects or facilities? Oyes 'ONo If yes, explain
12. is surface liquid waste disposal involved? Oyes )9We
--- - a. If yes, indicate typf. 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? Ayes ONo Type
14. Will surface area of an existing water body increase or decrease by proposal? Oyes XNo
Explain
15. Is project or any portion of project located in a 100 year flood plain? OYes PMO
16. Will the project generate solid waste? QgYes ONo
a. If yes, what is the amount per month tons -
b. If yes, will an existing solid waste facility be used? ] Yes ONo
c. If yes,.give name SQk4ZJO 2 ��r � 72fr ZU ; location _ CUTUfD6UE
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? . OYes �t10
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 disposalT tons/month.
b. If yes, what is the anticipated site life? years. /vv a? n4-4
18. Will project use herbicides or pesticides? Js•Yes ONo —,L)69460t-TV&01-
19.
fit19. Will project routinely produce odors (more than one hour per day)? OYes ON
20. Will project produce operating noise exceeding the local ambient noise levelsT OYes IoNo
21. Will project result in an increase in energy use? yes ONo
If yes., indicate type(s) Z t&s,dencrs —
22. if water supply Ts from wells, indicate pumping capacity. gallons/minute.
23. Total anticipated water usage per day YQO ' gallons/day.
24. Does project involve Local, State or Federal funding? Oyes fONo
If Yes, explain
4
' 25. Approvals Required:
Submit
Type Date
City, Town, Village Board
City, Town, Village Planning Board . Yes DNo `✓7J�0?U'r5/B7V 372-p
City, Town Zoning Board Dyes WO
City, County Health Department 'OYes DNo
Other Local Agencies Dyes P9No
Other Regional Agencies_ )4Yes DNo SALE OF bey.L4ll/l S—
State Agencies Dyes DNo
Federal Agencies Dyes ONo
C. Zoning and Planning Information
1 . ,Does proposed action involve a planning or zoning decision? Yes ONo
If Yes,Iindicate decision required:
Ozoning amendment Ozoning variance Ospecial use permit Xsubdtvision Osite plan
Onew/revision of master plan Oresource management plan bother
2. What is the zoning classification(s)of the site? 40 ` -9
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
1�
4e75 .
44 Mhat is the proposed zoning of .the site? z ' ✓�
5. +What is the maximum potential development of the site if developed as permitted by the proposed zoning?
Lois
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? oyes
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 Y. mile? )E(Xes
9. If the proposed action is the subdivision of land, how many lots are proposed?. a—
a. What is the minimum lot size proposed? 8(0. ooco
10. Will proposed action require any authorizations)for the formation of sewer or water districts? DYes
11. Will the .proposed action create a demand for any community provided services (recreation, education, p
fire protection)? byes ONo
a. If yes, is existing capacity sufficient to handle projected demand? DYes ONo
12. Will the.proposed action result in the generation of traffic significantly above present levels? Oyes" .i
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 mitis
avoid them.
E. Verification
I certify that the Information provided above is true to the best of my knowledge.
Applicant/Sponsor /P 0/7 GLS Date
Signature r Title
If the act on Is In the Coastal Area, and you are a state agency,complete the Coastal essment Form before prow
with this assessment.
5
r �l
PART 1--PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant
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 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 -
/Nbrc !/ Lc G
LOCATION OF ACTION(Include Slreel ddress,Municipality and County)
pT2 do �nac/
NAME OF APPLICANTISPONSOR - BUSINESS TELEPHONE
M d2cu L� ( i
ADDRESS
. C.IPO ST/T�E�"- LP CODE
NAME OF OWNER a(differenq BUSINESS TELEPHONE
59n1e ( i
ADDRESS -
CITYI - STATE LP CODs
DESCRIPTION OF ACTION -
t/ Lof /lTtslOr SV�iV,Sta-n — Cv�L�rvQ-her �U,�1,'�Vtirorr
6ulc of �� e�o�rr�cA9k/S /rZb3� G. y9 .sf �i-
Please Complete Each Question—Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: - OUrban ❑industrial OCommercial OResidential(suburban) ORural(rN
❑Forest Agriculture . ❑Other
2. Total acreage of project area: acres.
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLE
Meadow or Brushland (Non-agricultural acres
Forested acres
Agricultural (Includes orchards, cropland, pasture, etc.) 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?_ [&4422!sand4 scnC/ —
a. Soil drainage: OWell drained �'00 °jo of site ❑Moderately well drained % of $I
❑Poorly drained % of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group"I through 4 01
Land Classification System? 3 / acres. (See 1 NYCRR 370).
4. Are there bedrock outcroppings on project site? ❑Yes o
a. What is depth to bedrock? (in feet
2
. E
5. Approximate percentage of proposed project site with slopes: 00-10% /00. % 010-150/0
-015% or greater _ %
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Natio,
Registers of Historic Places? Oyes QGNo
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes VII
8. What is the depth of the water table? y0 (in feet)
9. is site located over a primary, principal, or sole source aquifer? KYes ONO
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes D&
0
11. Does project site contain any species of plant or animal life that is identified as threatened or endangere
OYes N[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
OYes ))No Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation are
OYes 9dNo If yes, explain _�nc�9 iiri
i
14. Does the present site include scenic views known to be important to the community?
OYes P)No 1,1grrc4J,1uv— .
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area: A//4
a. 'Name b. Size (In acres)
17. Is the site served by existing public utilities? OYes 1 dNo
a) If Yes, does sufficient capacity exist to allow connection? ❑Yes ' ONO
b) If Yes, will improvements. be necessary to allow connection? Fates ONO
18. Is the site located in an agricultural district certified,pursuant to Agriculture and Markets Law, Article 25-A
Section 303 and 304? Wes 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 )dNo
B. NOW 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 a3/ acres.
A Length of.project, in miles: 'V1A (if appropriate)
e. 1f the project Is an expansion, Indicate percent of expansion proposed %;
f. Number of off-street parking spaces existing ;.proposed
g. Maximum vehicular trips generated per hour (upon completion of project)?
h, if residential: Number and type of housing units:
One Family Two Family Multiple Family Condominium
Initially O
Ultimately
1. Dimensions(in feet) of largest proposed structure 33 height; 0— bo width,- 12 60 length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? _.$_ ft.
3
2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? tons/cubic yai
3. Will disturbed areas be reclaimed? Dyes 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 removed from site? 4 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 phaseproject: 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? OYes ONO
8. Will blasting occur during construction? Dyes 'lYgNo
9. Number'of jobs generated: during construction /D ; after project is complete d
10. Number of jobs eliminated by this project 0
11. Will project require relocation of any projects or facilities? Dyes P(No If yes, explain
12. Is -urface liquid waste disposal involved? OYes )6No
-•- a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
�. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? NYes ONO Type 5� A00wJ
14. Will surface area of an existing water body increase or decrease by proposal? OYes Iflo
Explain
15. Is project or any portion of project located in a 100 year flood plain? Oyes o
16. Will the project generate solid waste? OYes ONO �4JA,,
a. If yes, what is the amount per month %6 ton
b. If yes,y ill an existjgg solid waste facility be used? OYes ONO
c. If yes g�v mem �Zze�/ location -e!
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? . OYes J0
e. If Yes, explain
17. Will the project involve the. disposal of solid waste? PlYes ONO
a. If yes, what is the anticipated rate of disposal? —q tons/month.
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? { Yes ONO CusTom'tK+� ftb/LLvtTvRAL Pe�77Gt~
19. Will project routinely,produce odors (more than one hour per day)? Dyes *0
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) 4-I10.4 !f Re216j0eLe5-
22, if water supply is from wells, indicate pumping capacity. lft ye gallonslminute.
23. Total anticipated water usage per day gallons/day.
24. Does project involve Local, State or Federal funding? OYes Wlo
If Yes, explain
4
25. Approvals Required: Submi
Type Dat,
City, Town, Village Board OYes kNo
City, Town, Village Planning Board OYes ONo S&AZ4 1,:El' rt j 2Z O
City, Town Zoning Board OYes WNo
City, County Health Department -oYes ONo 7-6 G,4brP,11cd
Other Local Agencies 'oYes ONo 5tfy D 06V, &f/�gf&" L`
h!
Other Regional Agencies CANes ONo
State Agencies ❑Yes ONo
Federal Agencies OYes ONo
C. Zoning and Planning Information
1 . Does proposed action involve a planning or zoning decision? Wes ONo
If Yes, indicate decision required:
Ozoning amendment I Ozoning variance Ospecial use permit subdivision Osite plan
Onewlrevision of master plan Oresource management plan Oother
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?
!L9 Ldr5
4: What is the proposed zoning of.the.site?
5. What is the maximum p tentlal development of the site if developed as permitted by the proposed zoning?
6. Is•the proposed action consistent with the recommended uses in adopted local land use plans? Yes il
7. What are the predominant land use(s)�Jand zoning classifications within a 1/. mile radius of proposed action?
/^C�SiCIPi�t�Z4.r �hcu-�i4.ra� .
c
8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/. mile? 19Yes
9. if the proposed action is the subdivision of land; how many lots are proposed?.-
.a.
roposed?.a. What is the minimum lot size proposed? 0001L
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYew,'Ato
11. Will the proposed action create a demand for any community provided services (recreation, education, I
fire protection)? Wes 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? OYesG
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 &
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/Sponso^ 11461y1t L /' Date 3- .7-1 O
3lgnatti71 Title
If the a c In the Coastal Area, and you are a state agency,complete the Coastal ssessment Form before pros
with this assessment.
5
Terry, Mark
From: Terry, Mark
Sent: Monday,August 09, 2004 3:03 PM
To: Spiro, Melissa
Subject: Oregon LLC and Merlot LLC
I spoke to Tom Isles. He did not see a problem with the dev rights split into two separate parcels...a 12 acre farm and 28
acre farm. He mentioned that the sale was contigent upon the subdivision. He was meeting with Pat at 3:00 and will
discuss with her. If she has a problem with it then he will call back.
1
i
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,
�Cf; iC«A 7l cu
Patricia C. Moore
PCM/mr
Encls .
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Southold Town
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IA.YSVET Vp'JP L<':/YEn OEFOnE$1.11146 Trf-I4STFJNE4T-TIIIS INST4'JI.EN. I.f JlO nE IXyD 8Y'AYIYEn$61.Y.
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THLS INDEMURE, adc the � hyo: �� _c.- 'rurirM anL
MICHAEL MAKP:IDES, residing at 4 Ben Pla_3 East SetaUKet N9w York,
LCJUiS ESS'AAN,residinc at 93 Harvard Drive, aainview,New Yor<,FRANK
TUCCI,residing at 45 Old Homestead Road,F;r Jefferson, New York,and
rPAN K_D.71-JNFT7 residing at 9 Hemlock Pe Pert Jefferson, New York
party cf the first Tart.and
MORELI_, LLC (7/o P('rtz,elA
C 12c rn-;.n. KrR'=
j parry sf the a,c,nd par,
WITNESSETH,�'nat the par: of the first Pa,:,in canslderaui,r nl Ten Dallxrs and other valuable consideration
paid by:hc party o!the srroud part,does hueby grant and r<kase unto c par,of the'second part,the heirs
or suecusnrs and assigns of:he party of the second pan forercr,
All.That cm.,in plot, piece or pared of la,d. .vah the bui:Aings and theaeon erected, :no.,,. s
Mr,an.1 bring in the Town of Southold,County of Suffolk and Stat of New York,bounded and
described as follows:
BEGINNING,at a Point on the northwesterly side of Oregon lion;'at the southeast comer of the
herein described premiseswhere the same is intersected ay tha westerly side of land now or
formerly of Joseph 8. and Mary 3. Hannabury, said point of b ginning being also distant the
foaowing 3 courses and distances 'rom the comer formed by the intersection of the easterly
side of Cox's Lane with the soot;)easterly side of Oregon Road:
1. North 47 degrees 21 minutes 25 seconds West, 49.:1'. h.- across Oregon Road to the p
northwesterly side of Oregon Road; -.
2. North 44 degrees 54 minutes 10 seconds East,224.17 teat along the northwesterly ;ide
of Oregon Road; .I
3. North 43 degrees 43 minut•:s East, 6 11 feet to the true point or place of beginning;
RUNNING THENCE from said true point or place of beginnio;;along with northwesterly sale of
Oregon Road the following 3 cow;es and distances:
1. South 43 degrees 43 minu!•as+Nest, 6.11 feet;
2 South 44 degrees 54 minull as 10 seconds West 224 17 fee;;
3. South 40 degrees 23 minutes West.518.97 feet to!ani carer or formerly of John Jr.. and
_ _Lu!Jlha Zuhaski, 1K
- THENCE along ad lest mentioned land the following 2 courses a,Td distances:
1. North 41 degrees 30 minutes East, 444.10 feet;
2. North 67 degrees 36 minutes 30 seconds East, 3:6.63 feet to land now or formerly of
Joseph E. and Mary B. Hannabury; t
THENCE along said last mentioned land, South 46 degrees ik minutes 40 seconds East,
1996.91 feet to the northwesterly side of Oregon Road at the noint or place of BEGINNING.
,i THENCS ISLON.S LAAJaUN •lV me;r[1- l
c oN i'cR. or aVH01'K/
NCRTpli HL Ne.GRE�S 37 rn,n;,;��� S �, ecer�fv WeS
1-FZf:7 Z) LAAA /u;:W CK CF'
T r"'[TF:cR w;,h all ugh%talc and it rest,if any,of the W«y of the firstDar,o:.inarid to-ay streets and
:ab,tur,the above-described pron.cs to the center lines thereof; YOG-THER with the appurevrcez
d the este and rights of she port,of the fiat part in and to slid prcmisc,; TO HAVL AND TO
JLD the premises herein granted unin the pl,!y of the second par[, toe 'aeirs or sux
cssors and assigns o!
the,.ny of the sccond part forever.
-� AND Ole Part, of the first ,,it covemms that the parry of the first p:•rt ha: ne done or suiTered anythinc I
3'�J whcrcby,h-sed premises have been ncumbc:d i1i any way"i.tever. aeepl as aforesaid.
AND the party rf the Sett para in compliance with Section IJ of the Lien Law,covenants that the p ay of as
she yrs! par. xi i receive the considerauoo for this conveyance and will acid at i.ht to receive scch consid-
.'"fne' as:fon as a:mv rued to be applied Fest far the purpose of paying the est of the improvement and will apply
v' :he same firs::e ir.e payment of she cos;of h,improvement beiore.,i.;ray par,of the total ni the same fog
s an.0!lhcr purpose
The •,old"w::." shall be eoastnoed as ii it rezd"partici'whenever the st-se of this indenture sec requires.
IN WTTNFM WHEREOF,the Parc of the firtt part has duly executed this i,ed the Lay and vcar first above
I a cake or,
\ ti ` t �` -yCrll 14 e C 1 Yc teD ++e�Lo
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PATRICR C. MOORE, ATTORNEY *LAW J
51020 Main Road, Southold, NY 11971 (631) 765-4330
DATE
TO M "� G SUBJECT -. /
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/�'(G�/1 L �/ Q7C �jo-n Kp4p LLC
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PATRICA C. MOORE, ATTORN LAW 0 W E n "
51020 Main Road, Southold, NY 11971 ( 65-4330 D
MAY 2 7 2004
r Southogjffln Uy
Planni a
TO [ �` - SUBJECT �..�
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.��e r2G c o i/Lc -P 75J Zj c u�
SIGNED lL`"`'" _
04.13:".004 OXY 6318535805 .
1
?OUNTy OF SUFFOLKv
STEVE LEVY South?Id Town
SUFFOLK COUNTY EXECUTIVE DIP
ESTATE
PatriolE B.2lalenakl OlmeloN OF REAL
Division DlreotolEa r,o- STET 6 -3 i 3 L
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FAX#631-853-5905
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TO: "df�>Q NO
------------
FROM:
DATE: O !J / rJI"�'( T7/'OX
SUBJECT: �A ''
Number of pages(including cover sheet) r3
If all pages are not received,please call 631-853-2-2J
COMMENTS: Qf ?all 4D"- -v ` '' ` ' J d,
cin
S ACCOMPANYING THIS MESSAGE ARE IIVTl3NDED ONLY FOR THE
THE DOCUMENT TO WMCH IT IS ADDRESSED AND MAY CONTAIN
USE OF THE INDIVIDUAL OR ENIM
INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL ANDDLSCLOSUREUNDER APPLICABLE LAW. EXEMPT FROM
RE
THE RiTEDED RECIPIENT OR THE EMPLOYEEO EA
NGENT RESPONSIBLE FOR
D1�NEG THE MESSAGE TO THE IlV17?DIDED RECIPTSNT, YOU ARE HEREBY
NOTIFIED THAT ANY DISCLOSURE DISSENIIIdATION,D]F YTR� ON ORHAVE ScopyTHIS
THE COMMUNICATION IS STRIMY PROHIBTI ED. TELY BY TELEPHONE.AND
COMMUNICATION IN EnORXLEASE NOTIFY US D&vMM
RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.
POSTAL SERVICE.THANK YOU.
MAaJNO ADORE" (881)867.8172
LooAT10N D0.-2~RW P.0.SD1(810D FAX(831)869.8908
K LEE pENN180P1 BL W WPPAUOE,NY 11788.0099
100 VETERANS MEMORIAL NIOHWAY
04/13/2004 09:07 FAX 6318535905 S. C. DIV. REAL ESTATE 11002
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 MILLION 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. Mg
computifion of acreage to determine purchase Ftjcr shall not include land contained in the bed of
any easement.2b+ road, private road,any land as to which any other person or the public may
havo any i" 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 surveys,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 dwernvnation of the
third surveyor shall be binding, and the third surveyor's cost shall be borne equally by the
SELLERS and PURCHASER. if a SELLERS,ERS'survey or a third survey is secured.the
recomvutation 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 rights,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. There shall be no other adjustments or apportionments. The
aforestated price for the total acreage as noted above shall be payable 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 PURCHASER 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(s),that the aforestated documents are still in effect,that they and this transaction are in
compliance with Articles ll 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 sutras 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 8318535905 S. C. DIV. REAL ESTATE X1003
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 shall 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.
B. 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-Facetcd 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%2004 U9:10_1_:.S 6318535RCS S. C. DIV. RE.�iL ESTATE 2004
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(j)the
TOWN OF SOUTHOLD'S granting approval of a ten 00)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 Treasures 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 PURCI-LASER'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 09:11 FAX 6335359C5 S. C. DIV. (REAL ESTATE 2005
,
have also delivered the required verified public disclosure statement for filing with the County
Comptroller;a copy of that statement is attached. At the tune of the closing, the SELLERS shall
submit a current statement or a sworn statement that there have been no changes in interest since
the dale 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. CLMINO,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 patties agree that no broker brought about 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 with 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 e:cecuw 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 Legis;ature 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 thu 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 nov,,nor have there ever been,underground
storage tanks,to the SELLERS'knowledge,on the prenus&.
19. The SELLERS represent that there are n i action-, suits,claims or proceedings
seeking money damages,injunctive relief,remedial action or vnv other remedy pending or
threatened relating to a violation or non-compliance with any Environmental Law;or the disposal,
discharge or release of solid wastes,pollutants or hazardous substances;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 SELL ERS represent that no consent or approval is needed from any
govemmer.W agency for the transfer of the development rights from SELLERS to PURCHASER,
and neither the execution of this agreement,nor the cicsirg of title, will violate any
Environmental Law.
5
04/13/2004 09:12 FAX 6'sI8533905 S. C. DIV. REAL ESTATE 0008
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 sgree that they will:
(a)Not generate,store or dispose of hazardous substances on the premises,nor allow
others to do so;
(b)Comply with all Environmental Laws:
(c)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 funis are used midlor reimbursed to the
PURCHASER for this acquisition,representatives of the United States Department of
Agriculture shall also have the right to enter the prope ty for monitoring conservation plan
implementation.
This covenant shall run with the land in per; etuity end the provisions of this paragraph shall
survive the delivery of any instrument of conveyance pursuant to this agreement.
23. SPI-S.,ERS covenant and agree that they will defend,indemnify, and hold harmless the
PURCHASER .rad any of its officers,agents,emplo roes, and their respective successors and
assigns,agalast any and all damages,clz:ms, losses,liabilities and expenses,including, without
limitation, responsibility for legal,com ulting,engineering and other costs and expenses which
may arise out of(1)any inaccuracy or misrepresentation in any representatim or warranty made
by SELLEP S in this agreement and/or the subject df ad;(2)the breach or non-performance of any
covenants required by this agreenimt and/or the sub-ect deed to be performed by the SELLERS,
either inion to or subsequent to the closing of title herein, (3) any action, suit,claim,or proceeding
seeking n.oney damages,injunctiv:relief,remetaal action,or other remedy by reason of a
violatiov -)r non-compliance'with any environmental ?aw;or the disposal,discharge or release of
solid astes, pollutants or hazardous substance s;or e,posure to any chemical substances, noises
or vibrations to the extent they arise from the ownersi p, operation,and/or condition of the
premises prior to or subsequent to the execution of tier dced of development rights; or(4)the acts
or omissions or negligence of the SELLERS. This co r nant shall run with the land in perpetuity
and the provisions of this paragraph shall survive the de,ivery 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
this acquisition,the United States of America shall also be deemed to be an indemnified party
ender the indemnification as stipulated in Paragraph 21,an I the SELLERS shall also indemnify
the PURCHASER and United States of America ac to the fcllowing:
6
0+,13,'201A 09:13 FAA 6918335305 S. C. T�11' REAL cSTATI. Roo,
(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.9604,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 or
petroleum product into the environment. This covenant shall run with the land it..
perpetuity and the provisions of this paragraph shall survive the delivery of any insLwnent
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 0318525905 S. C. DIV. REAL ESTATE zoos
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 acquired 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 o?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 PURCHA`,ER 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 09:15 FAY 6318505303 S. C. DIN . REAL ESTATE @1009
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 68-1.
C. All new construction shall be subject to permit approved by a majority vote of
the Farmland Conmtittee.
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.&Mkts.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 lk minind 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!1312004 09:15 F_.1A_6316i839r5 S. C. DI\'. REAL ESTATE Z010
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&L&L 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 N•w York State Tax Lm 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 conveyance
pursuant to this agreement.
11
04-'13,2004 09:10 1'.\.l 03153359C5 S. C. DIV. REAL ESTATE
IN w1TNESS WHEREOF,this agreement has been duly executed by the parties hereto
the day and year first above written.
IN PRESENCE OF:
COUNTY OF SUFFOLK MORELI,IJ C
Aa4p-.QALtL S�A Wrow IV y: LOUISCORSO
Chief Deputy County Executive11„ Managing Member
ej-
ll "
y: LOUIS CORSO
Managing Member
Approved as to form,not
reviewed as to execution:
ROBERT J.CI IINO
—Suffolk County Attorney APPROVED:
By:DAVID P.FISHBEN By: CHRISTINE D.COS AN
Bureau Chief Division Director of Real Es to
Real Estate(Condemnation Bureau Department of Planning
Department of law
n4
11114145
iLilt_eada ,M9K'fa,d&M,x MOlrZ[,LLC&ORE",LLC TO CQS 4-12-03-dw
12
I Fpr 02 04 01 : 31p Moore Law Office 617654643 p. l
PATRIM C. MOORE n ((9 I Q V E
A norney at Law `,,,J
51020 Main Road
Southold,New York 11971 {p �-�•.r•.,n 1
Tel:(631) 765-4330
Fax: (631)765-4643 _.__---
Sou:ncld Tov:r
P�ann�ng 8nzr,,
FACSIMILE COVER SHEET
The pages comprising this facsimile transmission contain
confidential information from Patricia C. Moore. This information
is intended solely for use by the individual entity named as the
recipient hereof . If you are not the intended recipient, be aware
that any disclosure, copying, distribution_, or use of the contents
of this transmission is prohibited. If you have received this
transmission in error, please notify us by telephone immediately so
we may arrange to retrieve this transmission at no cost to you.
TO:� / %vdh J e!t�y_i( � ek�vyu
RE:
L� r
DATE:
TOTAL NUMBER OF =AGES INCLUDINIIG COVER SHEET
IF TUNSMISSIOIT IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON
AS PPOSSIBLE. �r
CLIENT NA14E:
v
Fpr 02 04 01 : 32p Moore Law Office 6317654643 p. 2
PATRICIA C. MOORE
Attorney at Law D
51020 Main Road n
Southold,New York 11971-4616
Tel: (631)765-4330
Fax:(631) 765-4643 !
�emhold 'fevn�
April 2, 2004
BY FACSIMILE
Mr. Mark Terry
Southold Town Planning Board
Southold Town_ Hall
53095 Main Road
Southold, NY 11971
RE: Oregon LLC
Morell LLC
Dear Mr. Terry:
I respectfully request that the above referenced matters
scheduled for your work session on April 5, 2004 be rescheduled to
your work session on April 12, 2004 . I would like to attend the
work sessions on both matters, however I will be out of town on
April 5, 2004.
Your anticipated courtesy ir_ rescheduling these matters to
April 12, 2004 would be appreciated. Thank you.
Very. -tr�.y yours,
i t:.
Patricia C. Moore
PCM/mr
PATRICIA C. MOORE DC Ly
Attorney at Law ----
51020 Main Road
Southold, N.Y. 11952
Tel: (631) 765-4330 town
Fax: (631) 765-4643 ---'``
Margaret Rutkowski
Secretary
March 22, 2004
Ms. Jeri Woodhouse, Chairwoman
Southold Town Planning Board
Town Hall ('� ggc
53095 Main Road
P.O.Box 1179 , '
Southold, NY 11971
(BY HAND)
Re: Conservation Subdivision
Morell LLC Minor Subdivision
SCTM#1000-83-02-12
Dear Ms. Woodhouse:
Enclosed please find Subdivision Application Form for the above referenced matter with a
check in the sum of$3,000.00 for the filing fee.
If you wish to discuss this further please do not hesitate to contact me.
Very trul yours,
�—Patricia C. Moore
PCM/mr
Encls.
PATRICIA C.MOORE
Attorney at Law
51020 Main Road
Southold, N.Y. 11952
Tel: (631) 765-4330
Fax: (631) 765-4643
Margaret Rutkowski
MelissaNkGo%Nm
Secretaries
March 3, 2003
Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Town Hall 2 _
53095 Main Road D E C E Q E
P.O.Box 1179 D
Southold, NY 11971
(BY HAND) 4 JO
Re: SCTM#1000-83-02-11.5
SCTM#1000-83-2-12 Southold Town
Sale of Development Rights Plannin Boats
Dear Markt erry:
r`
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 trul"ours,
q .
L - Patricia C. Moore
cc: Mr. Corso
r
MORRELL LLC PARCEL—Looking north.
2 t -
MORRELL LLC PARCEL— Looking north.
LASER FICHE FORM
SUBDIVISIONS
SCANNED
JUN 55 2001
Prosect Type: Conservation Records Management
Status: Final Approval
SCTM # : 1000 - 83.-2-12
Project Name: _ Morrell 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: Morrell LLC
Owner Name: On"'. LLC
Zone 1 : A-C
Approval Date: 10/16/2006
PLAT Signed Date: 1e-V1&10(t,
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:
Y II
E%ISTING Sal SYS{FM L➢GIION
FXImNG sEP11e s,SrEM LOCATION \
Enter. WELL \ \ fo
\\
cfG,da+yo EL
o-lrn /
n Of xc wL
.\ \ Nohlc'vy coy
\
'U" PRELIMINARY PRELIMINARY PLAN FOR PROPERTY
CORS' \ \\ ONS
RNCINA CORS' \ N _ 55
MoArICA 0T, \ \ Laae Lona rs
P s VACANT \ 'v
SITUATED AT IND aDxa
N � '�a CUTCHOGUE
'%. X5655 woe 938' / 4 BF11 .�„ 61 k FT��
` ' °' E 239 '6' 8; f<<ti yr TOWN OF SOUTHOLD
°"N " 825330 e � SUFFOLK COUNTY, NEW YORK
\ e��G. Os y� E%ISTNG SEPTIC 515iEM LOGPON
BJaG 6"JO � 261 62 w°aVano nurE 239.0 � \ TEsr HOLE Al V`vy�F; � c^
"Poll 6� 3 \, � S. C. TAX No. 1000-83 -02- 11 . 5
a of ulsrwc wEu rOT
NB � �9s 1000-83 -02- 12
QaL�a°
sO SCALE 1 "= 100, SMBIEaT a� L
,\ , PREMISES a
p,
o D s LOT
LOT 3 -- --- COrED•
b w o 80,195 sq. ft. 180,112 s5 ff wso LOT 6 4 ; APPROVED SKETCH PLAN FEBRUARY 26, 2004
80,698 sq. ft. - i MAY 18, 2004 REVISED a
g1 C '4_Wf1 s. JUNE 30, 2004 ADDED HEALTH DEPT. DATA
AUG 10 n+ TOTAL AREA = 2,304,988.44 sq. ft.
52.915 ac.
TEPULE d2 b2T ob Jry,4p
6�� P s 96' +re GOAaY�. 23.3% OF TOTAL AREA = 536,119 sq. ft. (BUILDABLE LOT AREA)
Aon" LOT 2 2 J ar rh e t 239. APPROVED PRELIM. (ROAD AREA = 90,730 sq. ft.)
84,LO sq. ft. . 16 g3 II ,"C�- - ''s ��• 1B9.9fi M. PLAT (INCLUDE 10' EXISTING RIGHT OF WAY)
b �j KE
/
50,p0'� p' NOV (TOTAL PROPOSED LOT AREA = 445,369 sq. fl.) KEY MAP
X7001 �. --� Y O 9 21Xj (INCLUDE 1 DEVELOPMENT AREA) `b4
.y 5a S uW�.tVVYY SCALE 1 "=600 aa'°' ``o-
Mil\ •Lys \+I a, 56 b S (L 294.29 Fs�ti•� 76.7% OF TOTAL AREA = 1 ,768,869 sq. ft. (OPEN SPACE)
0\\ b1 ry56 1h1' � , 9 •9� 26395 -- y
r o (INCLUDE 5' WIDE PtlWTINC BUFFER)
\ 30 34'
ip���y�y °aEvo
\AB - CULTIVATED FIELD �\ p
� -x°h - - - •�coA 0
;\ LOT 1 / - \
of
80,143 sq. ft.
C U L T I V A T E D M E L D — ap oy�Csf,
i
D
o r I
6 ^,WEB I y4A 691
ti 'a�,. I °0 56 rot \ �s�4a AUG 14200
4
?A• r o'
Southold Town
SD•• `,tee,} Planning Board NOTES.
o.
R=50.00' S.C. TAX No. 1000-83-02-11 .5 'mo 1 . ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS.
L=7es4' /\ 'sa•. A EXISTING ELEVATIONS ARE SHOWN THUS:
\ / \ EXISTING CONTOUR LINES ARE SHOWN THUS: - - - — - -
\
w^
�B" ,\ s. `�2S `7p LOT 7
,a9�o s 530,275 sq. ft. (OPEN SPACE)
yyy s _4 9 �?
\ UP
BT
•p�90'Ci A 9 �fN I `5�$
J
65 ep \' THE OR ESEMAOF RIGHT OF WAYS
\ q
O ANYAND, SHOWNTARE OF
NOTCGUARANTEEO.
ORD IF
\ d
O
I HEREBY CERTIFY THAT THIS MAP WAS MAGE
BY US FROM ACTUAL SURVEYS COMPLETED
FEBRUARY 26, 2004 AND THAT ALL CONCRETE
•6
O MONUMENTS SHOWN THUS. ■ HEREON
q ` \ o S.C. ,TAX No. 1000-83-02- 12 ?/ h ACTUALLY EXIST AND THEIR POSITIONS ARE
\ \
ylo
\\a-
E D F E L D A J, lG .
CORRECTLY SHOWN AND ALL DIMENSIONAL
w % / AND GEODETIC DETAILS ARE CORRECT
TEST HOLES DATA 9A �_�v� !LOT 4
(TEST HOLE 'UG BY McD'NAID OEOSCIENCE ON SEPTEMBER 24, 2003) \\ \ 1 ,269,413 sql. ft, (TOTAL AREA)
v v, 40,020 sq( ft. (DEVELOPMENT AREA)
TEST HOLE #1 TEST HOLE /f2 \\� \ 1 ,229,393 sq, ft. (OPEN SPACE) j
L THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED
BY THE PLANNING BOARD OF THE TOWN OF SDUTHOLD BY RESOLUTION
GoesMVBNN Pool OL Rowm Law ML \,\ - ` � �' / OF APPROVAL DATED
vV �\
__ • Berlin,cum ow. So BY
CHAIRMAN\ PANNING BOARD
TYPICAL PLOT PLAN
10icous`,wev
wre B s'cG-!. v �ss. i� (NOT TO SCALE)
PROPERTY LINE
OA p O iB �4B \ 9IlFF011C COUNTY DEPARTMENT OF FIEALTH 9ERV[CE9
_ 6'I'%I a \\`eo \ / HAIIPPAUGE, NY
Show. Be `4 T
To c -s• Pull
TsOWELI
U LTIVAT ED F I ELD ti yA/
¢ / OnLe
1r n \\\\ \ N bl 11. le m cemh The Or. ii-i Rmlh Suealvlelun a, on-IllPmenl
.A A rnr m LNe
..Is n ler, .1 m1 INTI.
\\ •\ 6'' ovvorea no me hum evl. uroox 111"
11 a 'FE Sens. al.v^eol
Fodlnle. mn.L Fnnm,m W n hWi eN. In .11x1 W H. Mme
do\�'• \\ •o� `tib R et Lan tNl and TIF. entijxi U, nmle pe.HIR' ""mnel m rove.
\\ olunamN. '2 oPPmrul nullne. al,e h r Ne 'IT
.uha,n.,"n/
tlaaopm.ni mop dui Ft IN IM1e County Cleh Ihm om ,mr
el 1h i. dole Cement 1. .1.11 9ivm leF "i-
fAm9 tl,e "p n
nhmM1 it.. end"nementp�pPeon In lM1e B - el x,e County C:R, in
\\\ 1O
BUILDING 'xim awh..it .Co]. a er It. Pueh. Health Lu. Mea N.
HOUSE TYPICAL SEWAGE DISPOSAL SYSTEM
D
BURIED (NOT TO SCALE) \\`
1DEEP r-i _FINISHED GRADE \'�\ *b'' oSEPTIC Yto A Pme, PE
PRECIST REINFORCED CONCRETE COVER 21•e, LACKING, WATERNGHT k INSECT PROOF FINISH GRADE \\ \\ \ 'el FARE
SSr
\ \ `S6• \ {pNK UrecloF Dmvon o1 Gnamentol Wore
BURIED 1' DEEP min 2' DEEP m"v \ �. m�4a.
CAXF IRON COVER TO GRADE \ \ \ y1 (y
MIN 4- dia r \
APPROVES PIPE 2a"minr-! 20'min MIN. EE dm. ,y, \;\ \ 6 LOON LEACHING
PRCHED 1 A' 1' MPRWED PIPE �„ en, _
PRCHED /B'/I' A,
SIR a
INVERT INVERT • \\ m \ \� \\ / \ \ `O
3 o BAFFLE BOTTOM \ :�\\ /pFy 41- �O� t� ROAD
SEPTIC TANK (1) •S.TTI. E B \� DEVELPPMENT AREA
1 MINIMUM STELAE CARS Gm
PAcES FOR A 1 To . BEDROOM HOUSE IS 1 FOR Goal `�:\ 40,020 sq. f1.
5 2
1 TANK. e' Eoxc. x'a- N10E, e'-r DEEP
2 CONCRETE SW11 HAVE A M1NIuuu COMPRESSNE SURENCIH Or 1W0 ow AT 2e Mn hereby cattily that the water Supp y(sJ and/ar sewage disposal systems) for this protect
] RAB THlcglEs SNAIL BE A ulxluuu Of ]'. A rap THICxNEss OF B' .IND A BOTTOM TUCNNESSS Or ♦ \ !\��`,3 were designed by me or under my direction Based upon a careful end thorough study of
µL W.LLLs, N . AND TDP 9WL COWAN REINFORCING TO RESIST AN APPLIED FORCE OF ]a psi comeI ryh Me soil, site and ground water candibons, all lots, as proposed, conform to the Suffolk County 's pI
A AL =' Slwl BE STEWED NO THAT THE {ARK 6 WRERrwHr `e �oO °g ` \ Department of Health Services construction standards In effect as of this date �(S Y.S Do. Na. 49668
s. THE^EP US . sNALL BE Ixs�AI1E➢ AT LEVEL IN ALL aREcnol6 (NRH . MAY TOLERANCE Or SI/A� �T�, � � \\ OOj• °M O V
ON
Mwwsuu 3- THIOL . Dr CDMPACIED SAND OR IEA cMVEL O
e A 10 mm. DISAICE BEINFI]I EEPR[ T.Wx AND HDIISE SHALL BE MANTANED Q \B\\' ry° Joseph . Inge gno
3 GROUND WATER a vxe No W.KL 9J ,��:\ (yA3
TIP
\ I 10 MFFREY T. BUTLER, P. E. Land rveyor
LEACHING POOL 'o
1 MINIMUM LEACHING SYSTEM FOR A 1 TO a BEDROOM HOUSE Is aW eP 11 SmEWALL AREA, �I. P.O, BOX 634
1 POOL 12'WOEEP, e' em 0 M vas p
2 LEACHING OLS AAE TO BE CONSTRUCTED OF PRECAsr REINFORCED CONCRETE (OR EQUAL) / 6 J1LLL,v A SHOREHAM, NEW YORK 11786 Title Sarveys - Subd,,.,BCF - Sts Plans - COOst,Dt,BB Layout
LEACHING STRUCNRES, SLD COMES AND/BR I.0
3 ALL 'OVER, SHALL BE OF PRECAST REINFORCED CONLRME (OR EQUAL)
A 10 m,n "PANCE BETWEEN LEACHING POOLS AND WATER LINE SHALL BE MAIMANED TEL631 -821 -8850 PHONE (631)727-2090 Fax (631)727-1727
5 AN e' min DISTA'CE BETWEEN ALL LEACHING POOLS SHALL BE uA ENDED .
6 AN B' mm DISTANCE BETWEEN ALL LEACHING POOLS AND CELTIC {ANN SHALL BE DURTAINED
FAX 631 -821 -7287 OFFICES LOCATED AT MAILING ADDRESS
322 ROANOKE AVENUE P 0. Bax 1931
RIVERHEAD, New York 11901 Riverhead, New York 11901-0965
22-359D
PROPOSED MINOR SUBDIVISION FOR PROPERTY
,
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Ni°/CDRSD, 4o c o SITUATED AT busa
cools O' �O
RED Con
CORSO /"'�� 7F'F CH /'� T TEI
\ s c o�oho l� V 1 l�1 10 LT V 1� Inrw vsw+o
NONICp COR50 �-� �o opso 55
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AHH � r,6 TOWN OF SOUTHOLD
s "o SUFFOLK COUNTY, NEW YORK
47a
y
1
82'53'30" 1E 239.05' S.C. TAX No. 1000-83-02- 11 .5
N >sn
FOuxa 39.0 ' TEST `bre O � SCALE 1 "= 100'
woaO srAAE HOLE �I 1 f( FEBRUARY 26, 2004 r."^^'—^--M---• --� ,.�'`°
r F PAWI p
lee
OAr LOT 1h h AREA = 701,278.02 sq. ft.
P1� 80,768 sq. ft. J� 86 21122T�Sq. ft. `Tk' 16.099 cc.
s. \ .
o°
I OWNER AND APPLICANT: KEY MAP
aD 256.12• OREGON LLC a
P.O. BOX 1289 SCALE 1 "=600'
160.29' 9i' G 1t '?� CUTCHOGUE, NEW YORK 11935
9,669 a
215.59' v, ono
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ny. n
- C U L T I V A T E 0 F I E L D
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9 NOTES:
1 . ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS.
EXISTING ELEVATIONS ARE SHOWN THUS:-50.0
EXISTING CONTOUR LINES ARE SHOWN THUS: -- -- -- - — — -
LOT 3
a'o,`:N \ 524,629 sq. ft. TOTAL AREA)
t,� I 484,629 sq. ft. TOTAL
RIGHTS) Is
n �e
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vl 4c
a-
7
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C U L T I V A T E „ F E L 0
DEVELOPOMENT AREA
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\ \o$40,000 sq. ft..
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TEST HOLE DATA
(TEST HOLE DUG BY MCDONALD GEOSCIENCE ON SEPTEMBER 24, 2003) �' p
PREPARED IN ACCORDANCE WIN THE MINIMUM
TEST HOLE J1 BY MERDS UALS ASND SURVEYS AS
µDADOLPTTEED
e [1 FOR SUCH USE BY THE NEW YORK STATE LAND
vwx e x bw aL O� O TOME PSSOyC'�MTO��Nyx.--
- - '� R,OMH SILtt SVD SY � P/TW NAS �.
Ti 1
er_k..t; rue Mww Rxr S N,� ...qt 6 x5 ,•'.$I✓Y
To coulee sua :� ! N.Y.S. -a. NO. 49668
;£ u
TOUMUMORIZEDSURVEY
ALTERATION TI ADDITION
-w.4-•-.r� TO 1H15 SORVEY IS A VIOLATION OF
44`Y'
SECTOR 72DB OF THE NEW YORK STATE JosepF4:z
Ingegno
SECT R 7 UW
COPITHE EIANDFSUHIS RVEYLM�NK� 5EEU-ORRINGLanveyor
EMBOSSED SELL SHALL NOT BE CONSIDERED
�7, m
TO BE A vwo TRUE cOPr
CERTIFICATIONS; INDICATED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO RIE Title Surveys — Subdivisions — Site Plans - Constmetion Layout
TIME COMPANY, GOVERNMENTAL AGENCY AND
LENDING INSM'URON LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING NOT- PHONE (631)727-2090 Fax (631)727-1727
TUDON. CERPFGVTIONS ARE NOT TRANSFERABLE.
OFFICES LOCATED AT MAILING ADDRESS
THE EXISTENCE OF RIGHT OF WAYS
ANO/OR EASEMENTS OF RECORD, IF 322 ROANOKE AVENUE P.O. Box 1931
ANY. NOT SHOWN ARE NOT GUARANTEED. RIVERHEAD. New York 11901 Riverhead. New York 11901-0965
22-36OA2
i �I II