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HomeMy WebLinkAbout1000-102.-4-6.2 CEOSSPOOL \\ wcnrvr uNo ANOPEA . lei°Psw T .11P. WE.- WE ANO. oX rNIRLN T NNP - WIDIYON.NY L W°G.miu°x.wN ngim°-Iw-w-mse meow-lw-w-wen vnarvr LAND N11 ,MN S 47'25'20"E 136.26' PIP ;N,n<Yrx,„: S 49'04'29"E , Nn, 706.98' 5 49•gs39"E-es76r Fno"N` / �- -----__- DO d // EL JO--- PART 0 MAP 1000-102-04-06,2 iEsr HOLE WELL 0 9¢ m PROPOSED LOT//TWO ' ------ ,-' - N EL I N 9 / i- PART OF TAX M�1 10094102-04-06.2 n LOT AREA = 233,405 S.F. O PPGE yJ� OR 5.358 ACRES xa/i- / 4.O' ENT Y / UNE! _l.0 a 3+ m / \ µEE.i" a--�.-_..----___c „� MR N -s U” _ / ==_;�a __'_"_`,:, _-/. ---------------__ ___ _ __-- � '"' __ PROPOSED ;"/ o __—._ �r���,D-By..., \ ' ' x _ D \ LOT" ONEGG AP J ,�- / / / l -J ��� D. CESBPL tea. ]0 =�\ \ / - vAcwr urvo \ / \� --_ -n se / / T ^\ 281.6N5r EL zz \ -\ o LOT OR A - 88,329 / // ! , �': lo''i •),"-.:.!) \\\ 329 S.F. - + D o �_ 'T�Ju uwANo PnxwNr " --X iilm MveLDo-� A _ ------ / / �. � 1 / a _ _ —_-- u+ma5n. � SL�sroi \ \ (L�\ \ \ \� I •�' ELx+-.�/ �'�I'/jf _ __-------- / TREELINE S57'494 „= OL ____-_______ ____�/_/_ xAyi Gh IL /�l'/DG ED '5 opo _-- -R4w—Tm.z4' �< \ / MON OUSN / /.�• 5 4708 40 E __ 200.00 \\°' THIS\RESIDENCE SHOWN IS - O \\ I / /;0.b/ I ONSEONIN OP /'22'I q5 - -- --/- .p -A e \\ APP RQXIMATE IN SIZE / /- / c t /. / o \ AND LocgTION. J /� Town of Southold PROPOSED PROPERTY LINES -- /'O p \ / \ Restrictions 05 d o———— __ \ \ — e Covenants& a I 23 SEP;•-.,E i5 I i'� xc -' /o o PROPOSED N \`6 \ 0.0• -PAPmmwNRAnr / / J'09' 9'•E 89.601 R INET 560.4504 ut,z+ \�___�'- /'i' - EL----. / N ON g\ PZPOSE0. GE -- o�---- LOT THREE � .o E5r " ; �2N rl l>i SouthDld \\"2 O 9 o c c 11 0''-� o / /% /•/' 0'1,5------_- ELS / FORMERLY OOT AREA = 40, EN / / 1\ / /N F WILLIAM J jvanank$St Restrictions„ �*° REI ' ho. /�_ — L � , sls`Go ----- ----ELJPPAG \� do p PIP p / /• ---.----- - ?a iM�'1000-102-04-0J.1 CESSPOOL 0 � 1 RESIDENCE \ ^o' -so I R , 8' - \\ I 4 \ "13,09 197 61.0 ' 1 604504'W 8ii6/ //////—/�- ------- FRAME In STONE DRIV OR 0.9918 ACRES /'��i \---- ---- 1600 ALVAH'S LANE - EWA CUTCHOGUE /' GARAGE N / o a B / A Z \ \ OW 2:5.7' 6. / ' m / / a / J \�\\J \ \,OQq X41 / /- /// �`c�� Wl VI loin°Noss ata --ELJ+ ---- _- CESSPOOL \\ \\ \\ ---i/ // -� /i'/ / iSREEJ O m LIE of FRAME \� i RESIDENCE ,'N, A h \ \ \ Nb / — ' _ WELL WELL_ — N Neo N+aoevO'w mcs' N 47 '40"n (PROPS ED) 0. 0' pROPQSEff�RDpERT' LI 4708'40"E 208.00' Ar.APJImt N 4708'40"W Imt° 479.78' FIAa Fol] FNr &GE P LE °PSka °ARL N 47'08'40' f01(PROPOSED) 206.00' �mxo GRAMME I.'/ GO, s. wN Rao AL VAHIS LANE NO WELLS OR CESSPOOLS WITHIN 150' (OPPOSITE THIS SUBDIVISION ON ALVAH'S LANE r, For n°n TIPICAL SAGnMY RuJON /V IMIN, TYPICAL WELL PROPOSED MINOR SUBDIVISION DECLARATION OF COVENANTS AND RESTRICTIONS s°I'D FL'wnFn o �, D.N. Nor to s`A¢ iPCNDx O F REGARDING THE GRANTING OF ADRAINAGE EASE- WNL IH'Aawr Fncr E,CY,oaa o[ssvoot wl�s^+'Sr '°" MENT AND CONSERVATION EASEMENT TO THE TOWN kV +S a,,"Ix, dh"'L05 PLAT OF SOUTHOLD AS FOUND IN LIBER 72537,PAGE 804, „ ,ro•FYu sour Am ulsNEO GRAS MICHAEL KALOSKI PLAT mw N.PANo Rx1 ° LAN a'"Ix' Stanley JbaN6en Jr.,Licensed Land Surveyorll February 2008 1 ez cumN SITUATE STORAGE DECLARATIONS OF COVENANTS & RESTRICTIONS REGARDING SANK a CUTCHOGUE, TOWN OF SOUTHOLD PRIVATE WELLS HAVE BEEN MADE TO THE SUFFOLK ED IN °i SUFFOLK COUNTY, N.Y. DEPARTMENT OF HEALTH SERVICES AND ARE RECORDED IN LIBER D00012517, PAGE 875. 1 H ERiIFY iH ME ISR SUPPLY(S) ANG/aR SEWAGE DISPOSAL t SYST (S) (HIB REJECT R£DESIGNED BY ME UNDER MY DIRECTION GROUND W WA1ER UPUL CBF LLLAND L0IS A PROPOSED, CONFORMOUGH STUDY OF ETOGMESSUFFOLK COAND UNTY Y � GATEN A'LECALLOYS DECLARATIONS OF COVENANTS & RESTRICTIONS ARE ALSO MADE AR rOF EA IN SERA caNSTRUCVM STANDARDS IN EFF£CT AS OF $ PER MINUTE SURVEYED FOR: MICHAEL KALOSKI TO THE TOWN OF SOUTHOLD PLANNING BOARD IN LIBER D00012519, MIS DA S PAGE 299 LORRAINE L SIMON p,EE D (JP2S5 HOBART ART ROAD OF HEly saumom, NY. nvn 631-Jfi5-P954 PROPOSED LOT THREE A�A Y� PROPOSED LOTS ONE & TWO TYPICAL LOT DETAIL KALOSKI SIMON Co 0p8 FJ�9� PARCEL OWNER: HOWARD AND LORRAINE SIMON PARCEL OWNER: MICHAEL AND IRENE KALOSKI ♦ `v w 27 STACEY LANE 1930 ALVAH'S LANE L r -. MADISON, CT. 06443 CUTCHOGUE, N.Y. 11935 ) = ppov WELL N O Nu. 0525Ae �$� pgOPEg$ION� TESTHOOLLE BY MCOONALDSOUGEOBCIENCE t - Y HOLE DUG 12 AUGUST 2002 LR SUFFOLK COUNTY DEPARTMENT OF�I ] nn HEALTH SERVICES ELEV 36.0 0 AUG 3 Y �'� y. PRIDE NLE FOR SCS USE ONLY HAUPPAUGE, NEW YORK ------------------------u _ - RESICBROWN SILTY LOAM OL EEPPC 2 _____—— _ 1_, TANK, — BROWN SILTYSAND WITH 20R GRAVEL ' 5 3 This Is to Dart'fyhat the rpposed eolty Subdivision or Development NYS S __ ________ ____ in the cEsspcoi ROP•O TO M_ i 1<_0.(Siiu-_�L MP1N with E total S 3_- __lots was approved on the above date, Water supplies and Sewage Disposal � Ficllltites must conform to construction standards in effect at the time Of construction and are sub%ect to separate permits pursuant to those standards, This approval shall be valid only if the realty l subdivision/development map is duly filed with the County CIerRF within_, - STREET KEY MAP n-600' one year of this date. Consent is hereby given far the filing Of this - TVI map on Which this endorsement appears in the Office of the County Clerk in accordance with provisions of the Public Health Law and the Suffolk County Sanitary Code. THIS IS TO CERTIFY THAT THE SUBDIVISION PLAN HAS BEEN APPROVED SURVEYED 11 JUNE 2002 BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION GUARANTEES INDICATES HERE ON SHALL RUN OF APPROVAL DATED: DAILY To ME PERSON FOR WHOM ME SURVEY ------------------------------ SCALE 1'= 50 IS PREPARED, AND ON HIS BEHALF TO ME TILE COMPANY, GOVERNMENTAL AGENCY. LENDING INSMUPON, IF LI01E0 HEREON, AND AREA = 361,756 S,F, To ME ASSIGNEES OF ME LENDING WSMUnONOR GUARANTEES ARENOT TRANSFERABLE i0 GUARADDWOMARE TRO DRELIBELOGUENT OWNERS PALE BROWN FINE TO COARSE SAND SW �/L_ ,rte Vito A, Minei, P.E. gy_--------- __ _ ---------- --------- 8,304 ACRES CHAIRMAN, SOUTHOLD TOWN PLANNING BOARD SURVEYED BY UNAUTH 111Y IS A OIAPOALTRnOF OR ADDITION ro MIs DlrectaO Diwslwn of Environmental quality I HEREBY CERTIFY THAT THIS MAP WAS MAGE NE NCWBYORKSAT EDUCATION LAW OS OF STANLEY J. ISAKSEN, JR. BY ME FROM AN ACTUAL SURVEY COMPLETED 11 JUNE 2002 AND THAT ALL CONCRETE MON- P.O. BOX 294 caR¢s of THIS SURVEY MAP NOT eenewG UMENTS SHOWN THUS: a HEREON ACTUALLY NEW S FFOLK. N,Y. 11956 ME LAND suRMEroRs EMDEESED SEAL SHALL __ EXIST AND THEIR POSITIONS ARE CORRECTLY 631- NOT 31- 34-5835 NOi BE COJEIGERED TD 6E A VALID TRUE COPY, SHOWN ANO AL DIMENSIONAL AND G ODETIC T z9 OCi P! ADO LIBER AND PACES FOR LGVENAMB AND RESRiIrnorvS. _ SUBJECT TO OVENANYS &RESTRICTIONS LIBER ��k Q7 s ze GEc oe snow LET OWNER NAMES of PROPOSED LOTS DETAILS ARE RRECT. GUARANTEED 701 15 Nov Dfi SHOWN EXISTING RESIDENCE ON PROPOSED LOT MJ. — —_ --_ — .I, DT JUNE OB CORRECT 51NRARY LOCATION MICHAEL KALOSKI _— T7' ] 1 durvE oe REVISE Pur corvncuRAnaN, cHnrvcas REO'G ar scans CCENSE LA D SUR1V YO LDRRAINE SIMON 2, 14 DEC 05 FINAL aVRVEY SHOWING RESIDENCE, SANITARY, WELL, GSEMENIS, NY.] LIC. NO. 4927) 02C 1137-1 1, fi DDi 05 MAP PREPAPED THIS GATE, SHOWING GRAINADE k oDNSERJATION FASEMENIS, MAILING ADDRESS: PLANNING BOARD MEMEA P.O. Box 1179 JERILYN B.WOODHOUSE �O���f S�UriyO� Southold,NY 11971 Chair yy OFFICE LOCATION: KENNETH L.EDWARDS T Town Hall Annex MARTIN H.SIDOR H 54375 State Route 25 GEORGE D.SOLOMON • �O� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �'.COU'M'� Southold,NY 1111 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 12, 2008 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Standard Subdivision of Michael and Irene Kaloski Located on Alvahs Lane, 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue SCTM#'s1000-102-4-6.2 & 7.1 Zoning District: A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, February 11, 2008, adopted the following resolution: WHEREAS, this proposal will subdivide an 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM41000-102-4-6.2 to SCTM#1000- 102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, on December 10, 2007, the Southold Town Planning Board granted conditional final approval upon the map prepared by Stanley J. Isaksen Jr., LS, dated June 11, 2002 and last revised November 15, 2006; and WHEREAS, the parcel is subject to the Declaration of Covenants and Restrictions, dated August 12, 2007, filed with the Office of the Suffolk County Clerk, Liber D00012519 and Page 299; and WHEREAS, the parcel is subject to a Grant of Drainage Easement and Conservation Easement, dated May 31, 2007, filed with the Office of the Suffolk County Clerk, Liber D00012537 and Page 804; and WHEREAS, all conditions have been met; be it therefore Kaloski Page Two February 12, 2008 RESOLVED, that the Southold Town Planning Board hereby grants final approval upon the plat prepared by Stanley J. Isaksen Jr., LS, dated June 11, 2002 and last revised November 15, 2006 and authorizes the Chairperson to endorse the maps. Upon endorsement by the Chairperson, the mylars and paper prints must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of endorsement shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, erilyn . Wood se Chairperson cc: Jamie Richter, Office of the Town Engineer Building Department (with plat) Tax Assessors (with plat) I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII(IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 08/23/2007 Number of Pages: 6 At: 11:36 :01 AM Receipt Number : 07-0078602 LIBER: D00012519 PAGE : 299 District: Section: Block: Lot: 1000 102 .00 04 .00 006. 002 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18 .00 NO Handling $5.00 NO COE $5 .00 NO NYS SRCHG $15.00 NO TP-584 $0 .00 NO Notation $0 .00 NO Cert.Copies $5.00 NO RPT $50.00 NO SCTM $0 . 00 NO Fees Paid $98.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 1 Number of pages RECORDED 2007 Hua 23 11:76:01 AM Judith A. Pascale ER This document will be public SUFFOLK FOLK , OF i<OIIFITV record.Please remove all L OUOO1:519 Social Security Numbers P =aQ prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. or EA-52 17(County) Sub Total Spec./Add. EA-5217 DA ( TOT.MTG.TAX R.P.T.S.A _5n M Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit • Mansion Tax Certified Copy EV00+0 The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on page# o ins ! 00 1,.0o2 Y 4 1 Dist. 10( 1000 10200 0400 006002 S Community Preservation Fund 1000 10200 0400 007001 Real Property RTS Consideration Amount $ Tax Service R LPA A Agency 3 AUG-0 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Uwners mailing Haaress RECORD&RETURN TO: Vacant Land TD WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,PA.BOX 1424 TD MATHTUCK,NI 11952 TO Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# CO 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) Howard Simon and Lorraine i Simon and The premises herein is situated in Michael Kaloski and Irene Kaloski SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Town of Southold Planning Board In the VILLAGE orHAMLETof Cntchomie 0 BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this day of July, 2007, by HOWARD SIMON AND LORRAINE 1. SIMON, residing at 27 Stacey Lane, Madison, Connecticut 06443, and MICHAEL KALOSKI and IRENE KALOSKI, residing at 1930 Alvah's Lane, Cutchogue,New York 11935, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at Alvah's Lane, Cutchogue, Town of Southold, County-of Suffolk and State of New York, SCTM# 1000-102-4-6.2 and SCTM# 1000-102-4-7.1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declarant has made an application for and has received conditional approval from the Planning Board of the Town of Southold for a subdivision of Tax Lot 6.2 into two (2) parcels and to increase the size of Tax Lot 7.1, as shown on map of"Minor Subdivision of Michael Kaloski Plat", prepared by Stanley Isaksen, L.S., last dated Nov. 15, 2006,which map will be filed in the office of the Suffolk County Clerk; and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval,the Planning Board has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed upon the Property, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property shall hereafter be subject to the following covenants, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives,distributees, successors and assigns, to wit: 1. A portion of Lot 1 on the subdivision map is encumbered with a Drainage and Conservation Easement Agreement granted by the Declarant dated 5/31/2007 and intended to be recorded in the Suffolk County Clerk's Office simultaneously herewith. 2. Declarant agrees to: a) refrain from clearing the Property except to the extent permitted by Chapter 240-49 of the Southold Town Code; and (b)within areas in which clearing is restricted, to remove only such trees and vegetation as are dead or extensively damaged or diseased. The clearing restriction shall not apply to those portions of the Property which are in agricultural production. 3. Grantor agrees not to conduct or permit any activity within the Conservation Easement area which would change the grade within the Conservation Easement area. 4. These covenants and restrictions may be terminated,revoked, or amended only at the request of the then owner of the lot with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold,after a public hearing In addition, any modification of the restriction contained in Paragraph 3 herein shall require the consent of the Highway Superintendent of the Town of Southold. 5. Prior to any construction activity,the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase 11 State Pollutant Discharge Elimination System (SPDES)Program. 6. 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. 7. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall be adjudged illegal,unlawful,invalid or held to be unconstitutional by a Court of competent jurisdiction,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. 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 by 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 within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration on the day and year first above written. Howard imon otrame I. -Siimo'n�� Midhael Kaloski Irene Kaloski STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On July 31,4 , in the year 2007. before me, the undersigned, a Notary Public in and for said State, personally appeared Howard Simon and Lorraine I. Simon, personally known to me or proved to me on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument, the individuals, or the person or entity upon behalf of which the individuals acted, executed the instrument. of -.Public-.---_-_-------- — ABIGAIL A.WICKHAM STATE OF NEW YORK: Notary No. 52-46428New ewYork :ss,: Qualified in Suffolk County4sloq COUNTY OF SUFFOLK: commission Expires Sept.30,1v1 On July 3rd , in the year 201 personally appeared Michael R COUNTY CLERK'S OFFICE the basis of satisfactory eviden STATE OF NEW YORK SS.: COUNTY OF SUFFOLK signatures on the instrument,tl individuals acted, executed the I,JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared theannexed with the original De laration RECO Rp D in my office on .......VR37.. under LIBER.�?� �. ......PAGE ....f>?.... ... and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereuRto set my aanndd an affixed the seal of said County and Court on this .673..... day of..��"'tl'r'-'........20 ..Q..7 Re%c&rpbkn/ �7 n 12 0245p,ar/07kd CLERK !+.d,--:t/;..U:..J!✓w�,ca_!i� SCHEDULE ".A" All that certain, plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows. BEGINNING at a point on the easterly side of Alvah's Lane at the southwesterly corner of land now or formerly of Reinhardt and the northwesterly corner of land of Michael Kaloski; running thence along said land now or formerly of Reinhardt, the following two courses and distances: (1) North 48 degrees 54 minutes 30 seconds East, 407.28 feet, thence (2) South 49 degrees 04 minutes 29 seconds East, 706.98 feet to land now or formerly of Batuello; thence along said land, South 47 degrees 25 minutes 20 seconds East, 136.26 feet to land now or formerly of Kerrigan; thence along said land, South 42 degrees 51 minutes 20 seconds West, 429.52 feet to the easterly line of Alvah's Lane; thence along said line, North 47 degrees 08 minutes 40 seconds West, 885.78 feet to the point or place of BEGINNING. 1 2 • 1_iFy:,t14 i c'.- Number of pages fi=; :T;r i;3 a,;iic�;ti pYr .Tudi ".h A. P call _1EFK CIF This document will be public uFFiiL4!. '';i'I'. h000125 7- record. Please remove all F. :`i Social Security Numbers pi# 7_16708 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Dual Town Dual County _ C�1 Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit • . Mansion Tax e The property covered by this mortgage is `Certified Cop U o�� or will be improved by a one or two NYS Surcharge 15. 00 Sub Total family dwelling only. 'a YES or NO Other y��✓v�; Grand Total J L'6AD 4 If NO, see appropriate tax clause on page# _-ofthisinstrument. 4 1 Dist. 1 1000 10200 0400 006002-Pb O2 5 Community Preservation Fund Real Property PTS Consideration Amount $ Tax Service R LPA A Agency 18JAN CPF Tax Due $ _ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land ✓ TD WICRHAMI,BRESSLER,GORDON 6 CUM,P.C. TD 19015 UN ROAD,PD.BOR 1424 NAMIUCII;,Ll 11952 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 17173 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Grant of Drainage Easement and Conservation Easement made by: (SPECIFY TYPE OF INSTRUMENT) Howard Simon and Lorraine I. Simon The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE - or HAMLET of CLjtQllogue _ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over I IIIIIII IIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII I IIIIII VIII VIII IIII III SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE' Type of Instrument: EASEMENT/DOP Recorded: 01/18/2008 Number of Pages : 8 At: 10:10:50 AM Receipt Number : 08-0005548 TRANSFER TAX NUMBER: 07-16708 LIBER: D00012537 PAGE : 804 District: Section: Block: Lot: 1000 102 .00 04 .00 006. 002 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 $30.00 NO Transfer tax $0 .00 NO Comm.Pres $0 .00 NO Fees Paid $89.20 TRANSFER TAX NUMBER: 07-16708 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County GRANT OF DRAINAGE EASEMENT and CONSERVATION EASEMENT May , 2007 , THIS indenture made this 3 I"day of 4mbUr, ;IM by and between HOWARD SIMON AND LORRAINE I. SIMON, residing at 27 Stacey Lane, Madison, CT 06443 (hereinafter"Grantor") and the Town of Southold, a municipal corporation of the State of New York,having its office at 53095 Main Road, Town of Southold, Suffolk County, New York(the"Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 7.8 acres, more or less, of land identified by Suffolk County Tax Map number 1000-102-4-6.2; located on the east side of Alvah's Lane in the Hamlet of Cutchogue, Town of Southold, Suffolk County,New York, generally bounded northerly by land now or formerly of Reinhardt; westerly by Alvah's Lane; southerly by Kerrigan, and easterly by Reinhardt and Batuello, said land being depicted as"Proposed Lot 2" on a certain map prepared by Stanley J. Isaksen, Jr., licensed land surveyors entitled"Proposed Minor Subdivision of Michael Kaloski Plat", survey dated June 11, 2002, last revised November 15, 2006, which has received Sketch Plan Approval from the Southold Town Planning Board and which said parcel of land is hereinafter referred to as"the Premises'; the Premises being more fully described on Schedule A annexed hereto, and WHEREAS, Grantor has permitted the Town to maintain a drainage pipe at the northwest portion of the property from Alvah's Lane for road runoff from Alvah's Lane through the swale on the Premises; and WHEREAS,the Grantee, for drainage purposes proposes to remove the drainage pipe and to construct, maintain, and repair a storm water drainage system, including leaching pool(s),pipes,rip-rap and culvert, in order to contain and direct storm water runoff from Alvah's Lane in the vicinity of the Premises into the swale on the Premises; and WHEREAS, the Grantor has agreed to grant to the Grantee a drainage easement to impose over and in the portion of the land of the Grantor as described above for such purposes and a conservation easement in a portion of the land as described herein; NOW THEREFORE, IN CONSIDERATION OF Eight Thousand Five Hundred ($8,500)and other good and valuable consideration paid by the Grantee to the Grantor,the receipt of which is hereby acknowledged. WITNESSETH: 1. GRANT OF DRAINAGE EASEMENT. The Grantor does hereby grant,transfer and convey to the Town of Southold, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the portion of the Premises described in Schedule B. 2. NATURE OF DRAINAGE EASEMENT. The nature, character and extent of the drainage easement hereby granted is the right of the Grantee to enter upon the Premises at all reasonable times: (i) To install, create and maintain the Facilities in the Premises and to repair, replace or remove same as needed for the effective purification of road runoff and surface waters from Alvah's Lane in the immediate vicinity of the Premises. (ii) To perform such grading and excavation and the planting of such vegetation and the installation of such facilities shall be required for the construction, operation,repair, replacement and maintenance of the Facilities, and for restoration of the Premises if required as a result of the drainage flow. This shall include, without limitation, a culvert under the driveway through the Swale and such clean fill as shall be necessary to properly cover such culvert. 3. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership, use and enjoyment of the Premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's right granted herein. 4. DAMAGES AND INDEMNIFICATION. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor or property damage (except as required for construction of the Facility) or bodily injury sustained as a result of the construction and/or operation of the drainage easement thereon by the Grantee. In addition, in the event any work performed by Grantee in the installation, creation or maintenance in the drainage easement creates an adverse effect on other property of Grantor or on any property adjoining or downstream of that of Grantor, Grantee shall rectify such adverse effect and indemnify Grantor from any liability incurred by it in relation thereto, including, without limitation, reasonable attorneys fees. 5. ADDITIONAL DRAINAGE FACILITIES. In the event that additional drainage facilities become necessary to properly accommodate the flow of storm water through the swale, as a result of the passage of water from Alvah's Lane through the swale,the Town agrees to install on its property or in the easement area such necessary facilities as may be necessary to properly accommodate such run off and curtail the flow on to neighboring properties, at it's own expense. 6. PERMITS. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. 7. RESTRICTIONS. Grantor agrees to construct no fences,walls or the like in the drainage easement area, and to refrain from filling in the drainage easement area. 8. PLANTINGS. Grantor may plant in the easement areas provided Grantor does not change the grade or interfere with flow of storm water drainage, and Grantee shall not be liable for damage or destruction of such plant material as a result of operation of the Facility. Grantor is not required to prune, clear or maintain vegetation or trees in the easement area. 9. NO EXTENSION. The Grantee agrees not to connect the Facilities to any other storm water drainage system on Alvah's Lane which collects or directs water from the surrounding area. 10. CONSERVATION EASEMENT. In addition to the drainage easement granted herein, Grantor hereby imposes upon the portion of the Premises identified on the attached Schedule C a Conservation Easement running with the land. Grantor agrees not to conduc+or permit any activity within the Conservation Easement area which would change the grade within the Conservation Easement area. Such easement may be modified only as may be required by the Planning Board in connection with the approval of the subdivision,with the consent of the Grantee herein. 11. NON-EXCLUSIVITY OF EASEMENT. The grant of the drainage easement and the imposition of the Conservation Easement shall not preclude Grantor from granting further easements to public utility companies, easements for vehicular access, or other purposes on terms which do not conflict with or interfere with the easements hereby granted. In no event,however, shall such easements permit the change of grade in the easement areas without the Grantee's prior written permission. 12. ENFORCEABILITY. The terms of this easement shall be enforceable by the parties by injunctive relief or any other remedy in equity or by law. 13. PERPETUAL EASEMENT. The rights granted herein shall continue and remain in effect in perpetuity. 14. MISCELLANEOUS. This Agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. IN W ESS WHEREOF, the parties hereto have executed this agreement the day and yeaz,�ir t written abo — HOWARD SIMON LO INE SIMON TOWN OF SOU HOLD By; G� SMTT A. RUSSELL, Supervisor STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On th day of W 2006, before me, the undersigned,personally appeared HOWARD SIMON and LORRAINE SIMON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name is 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 on the instrument,the individual, or the person on behalf of which the individual(s) acted, executed the instrument. #tP ublic ASOMI.A.INICWiAM No",Pubft 00 Of N"Mxk Ift 06464M -9Wft0k Wall "W"89PIL Sm$0 12 STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 31 day of 200f before me, the undersigned,personally appeared SCOTT A. RUSSELL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is 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 on the instrument,the individual, or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public LINDA COOPER RF./easedrainrev NOTARY PUBLIC,StateofNew York NO,01C04822563,Suffolk County Term Expires December 31,20 SCHEDULE A DESCRIPTION OF PREMISES: KALOSKI ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point on the northeasterly side of Alvah's Lane, at the southwesterly corner of land now or formerly of Reinhardt, said point of beginning being distant North 47 degrees 8 minutes 40 seconds West, 2,876.78 feet, more or less, from the intersection of the east side of Alvah's Lane and the north side of Main Road (New York State Route 25); From said point of beginning, running thence along land now or formerly of Reinhardt, North 48 degrees 54 minutes 30 seconds East,407.28 feet to a pipe; Running thence along said land now or formerly of Reinhardt, South 49 degrees 4 minutes 29 seconds East, 637.20 feet to a point; Running thence South 42 degrees 51 minutes 20 seconds West, 226.47 feet; Running thence North 47 degrees 8 minutes 40 seconds West, 200.00 feet; Running thence South 42 degrees 51 minutes 20 seconds West, 200.00 feet to the easterly side of Alvah's Lane; Running thence along the easterly side of Alvah's Lane,North 47 degrees 8 minutes 40 seconds West, 479.78 feet to the point or place of BEGINNING. f E SCHEDULE B KALOSKI DRAINAGE EASEMENT ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point on the easterly side of Alvah's Lane, distant 2,642.18 feet from the intersection of the east side of Alvah's Lane and the north side of Main Road (New York State Route 25), said point of beginning also being distant South 47 degrees 8 minutes 40 seconds East, 34.60 feet from the southwesterly corner of land now or formerly of Reinhardt; From said point of beginning, running thence North 64 degrees 55 minutes 26 seconds East, 159.20 feet; running thence South 43 degrees 9 minutes 19 seconds East, 89.60 feet; running thence South 60 degrees 45 minutes 4 seconds East, 45.42 feet, running thence South 27 degrees 42 minutes 4 seconds West, 50.07 feet; running thence North 60 degrees 45 minutes 4 seconds West, 55.38 feet; running thence North 43 degrees 9 minutes 19 seconds West, 61.06 feet; running thence South 64 degrees 55 minutes 26 seconds West, 102.66 feet to the easterly side of Alvah's Lane; running thence along the easterly side of Alvah's Lane North 47 degrees 8 minutes 40 seconds West, 53.95 feet to the point or place of beginning. x SCHEDULE C KALOSKI CONSERVATION EASEMENT ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point distant the following four(4) courses and distances from the southwesterly comer of land now or formerly of Reinhardt and the easterly side of Alvah's Lane: 1. Running along the easterly side of Alvah's Lane, South 47 degrees 8 minutes 40 seconds East, 34.60 feet to the northwesterly corner of a Drainage Easement granted to the Town of Southold; 2. Thence along the lines of said Drainage Easement,North 64 degrees 55 minutes 26 seconds East, 159.20 feet; 3. Thence further along the lines of said Drainage Easement, South 43 degrees 9 minutes 19 seconds East, 89.60 feet; 4. Thence further along the lines of said Drainage Easement, South 60 degrees 45 minutes 4 seconds East, 45.42 feet; From said point of beginning running South 60 degrees 45 minutes 4 seconds East,26.11 feet; running thence South 88 degrees 14 minutes 14 seconds East, 75.53 feet; running thence South 57 degrees 49 minutes 45 seconds East, 281.66 feet;running thence South 42 degrees 51 minutes 20 seconds West, 60.00 feet; running thence North 47 degrees 8 minutes 40 seconds West, 107.24 feet; running thence North 70 degrees 11 minutes 50 seconds West, 227.96 feet;running thence North 60 degrees 45 minutes 4 seconds West, 28.98 feet;running thence North 27 degrees 42 minutes 4 seconds East, 50.07 feet to the point or place of beginning. Misc/descka! 0 /tRR THAINNo SUBDIVISION IS FUR °ON ES LO ACR a rc d er n, ve A 0 rrc� L�a CATc�D ONIN _� ho 0 N D R�Plrci, mn S��S SCTLMa 1000- t ';'a. - lo.a 7• I Clo+ 1 a 40 MINOR SUBDIVISION (NO ROAD Complete application received A,lj"r p^plicattion reviewed ?at work session ,ro.` oK 1 4` VI;�V� I, caro.t OK v u c o Applicant advised of necessary revisions o .� oF �y p �k w 1 Y � ro o Revised submission received rol OK] 3UL� 2 4 o ��ro. Z 0 ca07K N b 9 ^ cv, O N � N Sketch plan approval 0 5 3 -with conditions --H"t'L}--- N gg v 64 Lead Agency Coordination 1 0 03 U (D SEORA determination 1 Z V] M � O � c� o Sent to Fire Commissioner a „ x ;, Receipt of firewell location Y c H Notification to applicant to include on final map o � � UW) o V o oO w Sent to County Planning Commission tliro� OK 0 yN 9a v y Receipt of County Report n//n— ,E_` oK powy > ti 9 c 6 Review of SCPC report 0 . . 4 Draft Covenants and Restrictions received uia ox a. Draft Covenants and Restrictions reviewed aJ00,o.` ox w4Filed Covenants and Restrictions received Receipt of mYI%rs and paper prints with S.e4 ^w`1VHealth approval �O bo l AN NVInal Public Hearing z 1-�n..1 J�-pF 12.110-1 Say" AtY' lt4`- Approval of subdivision -with conditions cndorscmeni Of Siiu`diViSivii (�+ P 1 Iok 7000' Z NO% PLANNING BOARD MEMBERS gUfFO�� BENNETT ORLOWSHI,JR. Chairmen h'Z` Gy Town Hall, 53096 State Route 25 WILLIAM J.CREMERSy P.O. Box 1179 KENNETH L.EDWARDS ,y Z Southold,New York 11971-0959 GEORGE RITCHIE LATHAM,JR G .1C Telephone(631) 765-1938 RICHARD CAGGLSNO y?f�! �a�`` Fax(631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: Minor Subdivision of Michael Kaloski Plat .f_ Lor- Iona. chavj,�e_ Suffolk County Tax Map # 1000- 102-4-6.2 /ry, 1 Type of Subdivision: Major Minor Set-Off Lot-Line Cluster Subdivision: Yes No Hamlet: Cutchogue Street LOCatiOn: Alvah's Lane Acreage: 8.304 acres + e SCo a c-nao Number of Lots: 2 + 1 .1;„- 1_e.} 1'.,e rticv,,b� Zoning District; A-C Date: September 25, 2003 Please list name, mailing address, and phone mmrber for the people below: Applicant: Michael Kaloski and Lorraine I. Simon c/o Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424, Mattituck, New York 11952 631-298-8353 Agent handling the application: Abigail A. Wickham (Contact Person) Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424, Mattituck, New York 11952 631-298-8353 Property Owner(s): Michael Kaloski and Lorraine I. Simon c/o Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, New York 11952 631-298-8353 Surveyor: Stanley J. Isaksen, Jr. , L.S. P.O. Box 294 New Suffolk, New York 11956 631-734-5835 Engineer: Joseph Fischetti, P.E. 1725 Hobart Road Southold, New York 11971 631-765-2954 Attorney: Abigail A. Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424, Mattituck, New York 11952 631-298-8353 Other Agent(s): Has this property had a previous application to the Planning Board? Yes No Has this property previously received a SEQRA review? Yes No Have you had any pre-submission conferences with the Planning Board? (le No Does this application have variances from the Zoning Board of Appeals? Yes ONo Appl. No. Date Is this property adjacent to any bodies of water? Yes C� Are there any wetlands on the property? Yes Are there public water mains in an adjacent street? Yes No Is public water proposed for the subdivision? Yes No Is the majority of the property forested? Yes Is any part of the property in active agricultural use? Yes No c.tp�y Is there an existing or proposed sale of development rights on the property?? Yes No Is there a mortgage on the property? Yes No Does the owner own any adjacent properties? No Are there any building permits currently pending on this property? Yes No Signature ofPrepcA'er Date September 2003 Abel&ail A. Wickham, Agent AUTHORIZATION We, MICHAEL KALOSKI AND LORRAINE I. SIMON, hereby authorize our attorney,ABIGAIL A. WICKHAM,to act as our agent and handle all necessary work involved in the subdivision process of our property located at Alvah's Lane, Cutchogue, New York (SCMT# 1000-102-4-6.2)with the Suffolk County Department of Health Services and Southold Town Planning Board, including lot line change applications for SCTMII 1000-1022-4-7.1. Dated: September Z'? 2003 Mi hael Kaloski Lorraine I. Simon STATE OF NEW YORK, COUNTY OF SUFFOLK: ss: On September Z�, 2003,before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL KALOSKI, personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument,the individual, or tperson or entity upon behalf of which the ii8ividual acted, executed the inst a t. DONNA MOQAHAN Nohry Public,State of New 1lbtk No. 01MG4851469 QuaOfkM in Suffolk CotnAt► Qosaatiaabn uplr"Aup. 10.2001 Notary Public STATE OF NEW YORK, COUNTY OF SUFFOLK: ss: On September 24','2003, before me, the undersigned, a Notary Public in and for said State, personally appeared LORRAINE I. SIMON,personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the insta t. NDONNA McGAHAN Notary Pub is ohry Public, ew State of N Nc. 01MC48514Vbrk re/authoria Qualified In Suff8 olk(+5e 41on Exons AuZ 14 2000 APPLICANT • TRANSACTIpNAI, DI.SCLOSIIRR FORM 'file 'Town of Southold's Code of Ethics prohibits confllcbe of _interest on the part of town oLE cera and employees. The purpose of this Form is to provide informationWhichcan alert the town of possible conflicts of interest and allow it to take whatever action is necessary—to avoid same. YOUR NAME: LORRAINE I. SIMON Last name, 11rst name, middle initial, unless you are applying .in the name of someone e.l Ae or other entity, Ruch as R company. If so, indicate the other person's or company's name. ) NATURE OF APPLICATION: (Check al.l. that apply. ) Tax grievance variance Change of zone Approval of plat�— Exemption from plat or officlaL map Other (If "Other," name the activity. ) Do you personally (or through your company, spouse, siblino, parent, or child) have a relationship with any officer or employee of the Town of Southold? Relationship" includes by blood, marriage, or business interest. -Business interest" means a business, including a partnership, lit which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO AL If you answered "YES.' complete Lite balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the apace provided. The town officer or employee or his 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 Is a corporation); 0) the legal or beneficial owner of any interest in a noncorporate entity (when Lite applicant is not a corporation); C) an officer, director, partner, or employee of Lite applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted is ZS day of S t.gw; 2003 Rignatur �V 1 Print name Lorraine I. Simon v APPLICANT • RANSACTIONAI, O1.SCLOSURR POR" The 'Town of Sou Lilo id's Code of Ethics prohibits conflicts of Interest oI the part of town officers and employees. The purpose of this form is to rovlde information which can alert the town of possible conilic L•s o . nterest and allow it bo take whatever acLlon is necessary to avoid same. YOUR NAHE, MICHAEL KALOSKI Last name, first name, middle initial, unless You are applying .In Lha llama of someone elite or other entity, such as a company. If no, .indicaLe the other person's or company's name. ) NATURE OF APPLICATION: (Check aLl LhaL apply. ) 'fax grievance Variance Change of zone Approval of plat �— Exemption from plat or official map Other (If "Other, " name the activity. ) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? -Relationship- includes by blood, marriage, or business interest. -Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation shares. in which town officer or employee owns more than 5% of the YES NO If you answered "YES,` complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the apace provided. The town officer or employee or his or her spouse, sibling, parent, or child to (check all that apply) , A) the owner of greater Lila" 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); A) the legal or beneficial owner of any interest in a noncorporate entity (when tl,e applicant is not a corporation); C) an officer, director, partner, or employee of the applicants or D) the actual applicant. DESCRIPTION OF RELATIONSIIIP Submitted thi�s��/,5 dray ofShe t_ZM 2003 Signature �Jf-O,�[L Print name Michael Kaloski I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII I IIIIII VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 06/05/2003 Number of Pages: 3 At: 04:01:10 PM TRANSFER TAX NUMBER: 02-42235 LIBER: D00012254 PAGE: 894 District: Section: Block: Lot: 1000 102 .00 04.00 006.002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $9 .00 NO Handling $5.00 NO COE $5.00 NO NYS SURCHG $15 .00 NO EA-CTY $5.00 NO EA-STATE $50 .00 NO TP-584 $5.00 NO Cert.Copies $0 .00 NO RPT $30 .00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $124.00 TRANSFER TAX NUMBER: 02-42235 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 1 2 3 RECORDED 2003 Jim 05 04:01.: 0 Ptl Number of pages / Edgard P Romaine TORRENS '=LEF..k: OF SUFFOLK COINT^ Serial# _ DOO I?254 P �aq Certificate# pr,t 02-4127 Prior Ctf# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. Handling 1. Basic Tax TP-584 2.Additional Tax _ Notation Sub Total _ EA-52 17(County) Sub Total Spec./Assit. Or EA-5217 (State) _ Spec./Add. _ RP.T.S.A. ��/ _ TOT.MTG.TAX _ Dual Twn— Comm. of Ed. 5 QQ— Held for Apportionment)County Affidavit Transfer Tax _ Mansion Tax Certified Copy _ The property covered by this mortgage is or Reg. Copy will.be Improved by a one or two family Sub Totaldwelling only. Other jrtf — YES or NO GRAND TOTAL ;'G n If NO,see appropriate tax clausg on page# of this instrument. W t S Real Property Tax Service Agency Verification 6' Community Preservation#und Dist. Section Block Lot Consideration Amount $ Staml 03021315 1000 10200 0400 006002 CPF Tax Due $ T Date Improved \i R SFL A Initial OS JUN-0 Vacant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TD Wickham, Bressler, Gordon & Geasa, P.C. TD P.O. Box 1424 Mattituck, NY 11952 - k. r s Title Company Information Co. Name Title# Suffolk County Recording & Endorsement Page This page forms part of the attached Bargain and Sale Deed with Covenant made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in MICHALE KALOSKI SUFFOLK COUNTY,NEW YORK. TO In the Township of SOUTHOLD MICHAEL KALOSKI AND LORRAINE T. SIMON In the VILLAGE or HAMLET of CUTCHOGUE BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 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 that vo„ may he billed directly for all future nronerty tax bills. Local property taxes are payable twice a year: on or before January 10d' and on or before May 315. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell:venue North Lindenhurst,N.Y. 11757 Riverhead,N. t- 11901 (516) 957-3004 (516) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson,N.Y. 11777 Shelter Island,N.Y. 11964 , (516) 473-0236 (516) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (516) 324-2770 (516) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (516) 351-3217 (516) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip,N.Y. 11751 Southold,N.Y. 11971 (516)224-5580 (516) 765-1803 Sincerely, Edward P. Romaine Suffolk County Clerk dw 2/99 Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY 4-' THIS INDENTURE, made the day of June, 2003 BETWEEN MICHAEL KALOSKI, residing at Rt. 2, 1930 Alvah's Lane, Cutchogue, N.Y. 11935, party of the first part, and MICHAEL KA LOS KI,.residing at Rt. 2, 1930 Alvah's Lane, Cutchogue, N.Y. 11935, as to a ninety- five (95%) per cent undivided interest, and LORRAINEX SIMON, residing at 27 Stacey Lane Madison, Ct., as to a five (5%) per cent undivided interest, as tenants in common, party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten and 00/100 — - -- — -- -- --- ----_ _ —($10.00)— ----_--- dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows. BEGINNING at a point on the easterly line of Alvah's Lane at the southwesterly corner of land now or formerly of Reinhardt and the northwesterly corner of land of the party of the first part; running thence along said land now or formerly of Reinhardt two courses: (1) North 48 degrees 54 minutes 30 seconds East 407.28 feet thence (2) South 49 degrees 04 minutes 29 seconds East 706.98 feet to land now or formerly Batuello; thence along said land South 47 degrees 25 minutes 20 seconds East 136.26 feet to land now or formerly Kerrigan; thence along said land South 42 degrees 51 minutes 20 seconds West 429.52 feet to the easterly line of Alvah's Lane thence along said line North 47 degrees 08 minutes 40 seconds West 256.00 feet to other land of the party of the first part and Irene Kaloski thence along said land three courses. (1) North 42 degrees 51 minutes 20 seconds East 150.00 feet thence (2) North 47 degrees 08 minutes 40 seconds West 150.00 feet thence (3) South 42 degrees 51 minutes 20 seconds West 150.00 feet to the easterly line of Alvah's Lane; thence along said line North 47 degrees 08 minutes 40 seconds West 479.78 feet to the point of BEGINNING. BEING AND INTENDED TO BE the same premises given to the party of the first part under paragraph second of the last will of Sophie Kaloski, Suffolk County Surrogate's File No. 1514 P 1985. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Michael Kaloski f/deeds 11 1 aJ M • • TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of Suffolk Ms: State of New York, County of Suffolk as: On the day of June in the year 2003, On the day of , in the year before me,the undersigned, personally appeared before me,the undersigned, personally appeared MICHAEL KALOSKI personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which instrument, the individual(s), or the person upon behalf of the individual(s)acted,executed the Instrument. which th i ividuals acted,executed the instrument. (signature and office of individual taking acknowledgment) (signal and office of individual taking acknowledgment) NotartPublic TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia,Territory, or Foreign Country) of $s: On the day of in the year before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within Instrument and acknowledged to me that he/shetthey executed the same in his/herttheir capacity(les),and that by his/herttheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and Insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS SECTION Title No. BLOCK MICHAEL KALOSKI LOT COUNTY OR TOWN TO STREET ADDRESS MICHAEL KALOSKI and LORRAINE K. SIMON Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Commonwealth 10315 Main Road A LANDAMERICA COMPANY Mattituck, New York 11952 COMMONWEALTH LAND TITLE INSURANCE COMPANY W U LL LL to toZ ixC1 K U W W LL O W N ix K O W W U Q a N N_ W J C W N W K • PART 1—PROJECT INFORMARON Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be tonsiderec as part of the application for approval and maybe subject to further verification and public review.Provide any additiona information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and specif• each instance. _ NAME OF ACTION - Minor Subdivision of Michael Kaloski Plat LOCATION OF ACTION(include Street Address,Municipality and County) . Alvah's Lane, Cutchogue, New York NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE Abigial A. Wickham (631•) 298-8353 ADDRESS Wickham, Bressler, Gordon & Geasa, F.C. , P.O. Box 1424 STATE ZAP CODE ctryRo NY 11952 Matti-tuck, NAME OF OWNER Of different) - BUSINESS TELEPHONE Michael Kaloski and Lorraine I. Simon (631 ) 298-8353 ADDRESS c/o Wickham, Bressler, Gordon & Geasa, P.C. , P.O. Box 1424 STATE ZIP COOE Matt attituck, New York 11952 NY. 11952 DESCRIPTION OF ACTION To subdivide an 8.304 acre parcel into 2 lots: Proposed Lot 1 will be 3.452 acres and Proposed Lot 2 will be 4.332 acres. Pleue Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project both developed and undeveloped aieas. 1. Present land use: OOrban Olndustrial OCommerclal ®Residential(suburban) ❑Rural(non far OForest ®Agriculture . OOther 2. Total acreage of project area: 8.304 acres. PRESENTLY AFTER COMPLETION APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural acres _ acres - acres acres Forested Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres -- acre: Water Surface Area acres acre: acre Unvegetated (Rock, earth or fill acres __ Roads, buildings and other paved surfaces acres acre Other (indicate typei acres _--- acre 3. What is predominant soil type(s) on project site? % of site a. Soil drainage: j10Well drained /DA % of site OModerately well drained T— OPoody drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the I Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes ®No a. What is depth to bedrock? On feet) 2 5. Approximate percentage of proposed project site with slopes: 00-10% % 1310-15% o� -015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? OYes ®No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes ®No 8. What is the depth of the water table? _3E4 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Dyes ®No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Oyes ®No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Dyes ®No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations). OYes ®No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Oyes MNo If yes, explain 14. Does the present site include scenic views known to be important to.the community? Oyes ®No 15. Streams within or contiguous to project area: no. a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: none. a. Name b. Size (In acres) 17. Is the site served by existing public utilities? OYes ONo a) if Yes, does sufficient capacity exist to allow connection? OYes ' ONo b) If.Yes, will improvements be necessary to allow connection? Oyes ONo 18. Is the site located in an agricultural district Certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? )$Yes ONo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? OYes KlNo ' 20. Has the site ever been used for the disposal of solid or hazardous wastes? Oyes ®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 •52 acres. b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped 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 ;.proposed g. Maximum vehicular trips generated per hour (upon completion of project)? It. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 1 Ultimately 1. Dimensions(in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy 1st ft. 3 2. How much natural material (i.e., rock, earth, etc.) will be removed fromthe site? tons/cubic yards 3. Will disturbed areas be reclaimed? OYes ONo ®N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ONo c. Will upper subsoil be stockpiled for reclamation? OYes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removedfrom 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 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is.phase 1 functionally dependent on subsequent phases? Dyes ONo 8. Will blasting occur during construction? Oyes ®No 9. Number'of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? OYes ®No If yes, explain 12. Is surface liquid waste disposal involved? OYes ®No —.-- a. If yes, indicate type of waste (sewage,_industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? OYes ®No Type 14. Will surface area of an existing water body increase or decrease by proposal? OYes ®No Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes ®No 16. Will the project generate solid waste? OYes ®No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes ONo c. If yes,.give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes INNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Oyes ONo 19. Will project routinely produce odors(more than one hour per day)? OYes [3No 20. Will project produce.operating noise exceeding the local ambient noise levels? OYes ®No 21. Will project result in an increase in energy use? OYes ONo If yes , Indicate type(s) 22. If water supply is from wells, Indicate pumping capacity. gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? OYes ®No If Yes, explain 4 25. Approvals Required: - - Submittal Type Date City, Town, Village Board ❑Yes ONo City, Town, Village Planning Board OYes ONo Minor Subdivision City, Town Zoning Board OYes ONo City, County Health Department OYes ONo Minor Subdivision Other Local Agencies Oyes ONo Other Regional Agencies, OYes ONO State Agencies OYes ONo Federal Agencies OYes ONo C. Zoning and Planning Information 1 . .Does proposed action involve a planning or zoning decision? OYes ONO If Yes, indicate decision required: ❑zoning amendment Ozoning variance Ospecial use permit ❑subdivision Osite plan Onew/revision of master plan Oresource management plan Oother 2. What is-the zoning classification(s)of the site? A—C 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? S. Mhat is the maximum potential development of the site if developed as permitted by the proposed zoning? fi. Is,the proposed action consistent with the recommended uses in adopted local land use plans? Mes ONO 7:. What are the predominant land use(s) and zoning classifications within a r/ mile radius of proposed action? Residential and Agricultural 8. Is the proposed action compatible with adjoiningfsurrounding land uses within a r/. mile? ®Yes ONO 9. If the proposed action is the subdivision of land, how many lots are proposed?. 2 a. What is the minimum lot size proposed? 4.332 acres 10. Will proposed action require any authorizations)for the formation of sewer or water districts? OYes ONO 11. Will the .proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ayes MNO A. If yes, is existing capacity sufficient to handle projected demand? OYes ONO 12. Will the.proposed action result in the generation of traffic significantly above present levels? OYes' ®No 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 adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate of avoid them. E Verification certify that the information provided above is true to the best of my knowledge. Applicant/Sp r Na e b i A. Wickham Date SeRtembaL_ 2nn3 Signature Title Agent If the action Is n the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before proceedini with this assessment. 5 • Town Of Southold • �� P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/29/08 Receipt#: 10170 Transaction(s): Reference Subtotal 1 1 Park& Playground 102-4-6.2& $7,000.00 Check#: 4799 Total Paid: $7,000.00 JAN 2 9 2008 I. Name: Simon, Lorraine & Howard (for Kaloski Minor Sub) 27 Stacey Lane Madison, CT 06443 Clerk ID: LINDAC Internal ID: 102-4-6.2&7.1 • • MAILING ADDRESS: PLANNING BOARD MEMBERS �O f SO prG P.O. Box 1179 JERILYN B.WOODHOUSE '70 Southold, NY 11971 Chair ti� lQ .IL * OFFICE LOCATION: KENNETH L.EDWARDS T Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON JOSEPH L. TOWNSEND Oly (cor. Main Youngs Ave.) Southold, d, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: January 25, 2008 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Name & Type Tax Mop # Amount bate of Check Kaloski minor subdivision 102-4-6.2&7.1 $7,000 Park 12/29/07 LR Enc(s). Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/08/03 Receipt#: 255 Transaction(s): Subtotal 1 Application Fees $2,000.00 Cash#: 255 Total Paid: $2,000.00 Name: Kaloski, Irene 1930 Alvahs Lane Cutchogue, NY 11935 Clerk ID: LINDAC Internal ID:82715 i M 0 LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD .. ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE. NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwbiaw@aol.com TELEFAX NO.631-249-9484 February 11, 2008 a= Att: Mark Terry FEB 1 3 2008 �;t Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold,New York 11971 Re: Proposed Minor Subdivision of Michael and Irene Xaloski Premises: Alvah's Lane, Cutchogue,New York SCTM# 1000-102-4-6.2 & 7.1 Dear Mark: Enclosed are 9 paper and four mylar maps of the above subdivision. Ve y yours, Abigail A. Wickham AAW%al End 30/shdpbkal F c g 1 2 2008 f PATRICIA A. FINNEGAN . • SCOTT A. RUSSELL TOWN ATTORNEY O� OF SU�TOI Supervisor patricia.rinnegan@town.southold.ny.ua � y KIERAN M. CORCORAN ~ O Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179Southold,New York 11971-0959 kieran.corcoran@town.southold.ny.us CIO Q LORI M. HULSE �O • Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY ��CQUNT I,N Facsimile (631) 765-6639 lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Lynne Krauza Secretary to the Town Attorney Date: February 7, 2008 Subject: Easement w/Howard and Lorraine Simon Proposed Minor Subdivision of Michael & Irene Ka/oski SCTM#1000-102-4-6.2 & 7.1 1 am enclosing an original, recorded Grant of Drainage Easement and Conservation Easement in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also enclosed. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures cc: Mr. Mark Terry, Planning Board (w/encls.) F E B 2008 LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD SUITE I l l ABIGAIL A.WICKHAM MELVILLE, NEW YORK 11747 LYNNE M.GORDON -_- JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 February 7, 2008 Att: Mark Terry Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold,New York 11971 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Premises: Alvah's Lane,Cutchogue,New York SCTM# 1000-102-4-6.2 & 7.1 Dear Mark: Enclosed is the original recorded Grant of Drainage Easement and Conservation Easement which was recorded in the Suffolk County Clerk's Office on January 18, 2008 in Liber 12537 cp 804. I am sending a copy to Kieran Corcoran by copy of this letter,but he may need the original for filing with the Town Clerk's office. Veryly�/yours, �Z �tia.i Abigail A. Wickham AAW/al Encl. 301shdpbkal cc: Kieran Corcoran, Esq. " FEB - 7 2008 FEB - 8 2008 LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06.02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE l l l LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-94801 wwblaw@aol.com TELEFAX NO.631-249-9484 January 16, 2008 Southold Town Planning Board JAN 2 3 2008 53095 Main Road P.O. Box 1179 Southold,New York 11971 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Premises: Alvah's Lane, Cutchogue,New York SCTM# 1000-102-4-6.2 & 7.1 Gentlemen: 0 Enclosed is a check from Lorry Simon or$7,000., «cpresenting the Park and Playground fee in this matter. The Drainage Easement has been sent to the Suffolk County Clerk's office for recording. Very truly yours, yours, lbi4L, Abigail A. Wickham AAW/al Encl. 30/shdpbkal i • • MAILING ADDRESS: PLANNING BOARD MEMBERS �QF sour P.O. Box 1179 JERILYN B.WOODHOUSE 0� y0l Southold, NY 11971 Chair Q OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON �`O �(zS Commor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �'� ��' Southold, NY I11' Telephone: 631 765-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11, 2007 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Standard Subdivision of Michael and Irene Kaloski Located on Alvahs Lane, 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue SCTM#'s 1000-102-4-6.2 & 7.1 Zoning District: A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, December 10, 2007, adopted the following resolutions: The final public hearing was closed. WHEREAS, this proposal will subdivide a 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000-102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, on September 13, 2005, the Southold Town Planning Board granted conditional preliminary plat approval on the map prepared by Stanley J. Isaksen Jr., LS, dated June 11, 2002 and last revised on October 10, 2003; and WHEREAS, on June 27, 2007, the applicant submitted the final Drainage and Conservation Easement, which has been approved by the Town Engineer, Superintendent of Highways and the Town Attorney, and will be recorded simultaneously with the subdivision map; and WHEREAS, on September 19, 2007, the applicant submitted a copy of the filed Declaration of Covenants and Restrictions, as recorded in the Office of the County Clerk (Liber 12519, Page 299) on August 23, 2007; and WHEREAS, on September 20, 2007, the applicant submitted a copy of the subdivision map containing the Health Department stamp of approval, prepared by Stanley J. Isaksen Jr., LS, dated June 11, 2002 and last revised on December 28, 2006; and WHEREAS, on October 5, 2007, the applicant submitted a letter requesting an additional extension of time for preliminary plat approval and the Planning Board granted an extension effective March 13, 2007 until March 13, 2008; and • Kaloski Page Two December 11, 2007 WHEREAS, on October 12, 2007, the applicant submitted the application and fee for final plat approval, which includes a copy of the final map prepared by Stanley J. Isaksen Jr., LS, dated June 11, 2002 and last revised on December 28, 2006, as approved by the Suffolk County Department of Health Services; and WHEREAS, the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is furthermore consistent as noted in the October 12, 2007 report prepared by the LWRP Coordinator; and WHEREAS, the Southold Town Board approved the Grant of Drainage Easement and Conservation Easement and authorized Supervisor Scott Russell to sign the agreement on May 31, 2007; therefore, be it RESOLVED, that the Southold Town Planning Board finds that all of the conditions of preliminary plat approval have been satisfied and that the requirements for subdivision approval pursuant to Chapter 240 of the Town Code have been fulfilled by the applicant; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Plat Approval upon the map prepared by Stanley J. Isaksen Jr., LS, dated June 11, 2002 and last revised November 15, 2006, and authorize the Chairperson to endorse the maps upon fulfillment of the following conditions: 1. The submission of twelve (12) paper prints and four (4) mylar prints of the final map each containing. a. An updated Suffolk County Department of Health Department stamp of approval. b. The liber and page number of the recording of the Grant of Drainage Easement and Conservation Easement with the Suffolk County Clerk. 2. The submission of the Park and Playground Fee in the amount of$7000.00 to the Office of the Planning Board. Upon endorsement by the Chairperson, the mylars and paper prints must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson 'i c. '-'i 298 _156`[ O'ti3! iEL 313E P,00 V066 _ a Law Offices WIC�-IAM, BRESSLER,GORDON &GEAR.P.C. 13015 Main Road,P.O.Box 1424 Matiituck,New York 11952 631-298-8353 Telefax no.631-298-8565 '7 �'rs pion::;.,Fut i-"r,-a st:on ca„fidcntix]eodior k�n11y privileged., is iotnndid$a i:he only Sy the persm tv t.�no?n's"rester. :1 Y(k'hu._received this telecopy in error.plepae n0lify us by telephone Imme;iixtcly eo thm we ca,i rtror,Ep ter!:!e return c5;'c*c dosvments to us n.t no cost to you. If you do nEt receive iii oFtbc FaRrs indicated, I'ewetailn..Kklr ss possible stthe numberabove. T-:"'.�` -4..-1 !?'`Gr�It1.LU�.K ../- -/.,�uard7i�`: Tl"�1 •+ . Date: i It ! T This is page one of QR,Va—QF DRANAGE EASEMENT ,AjL,d-UIN5-EKLA-TlONF-A8F EINT Ma;., 2007, �,co!rqtr% Ir.de fl1j'.. AL'I'day ofU*VM8Ir.IM. by and between HOWARD Si-NIONANDP ST T. I �%Jf)N,residing at 27 Stacey Lane.-Madison..CT 06443-- (hereinefta-G7etjto-' i and tl s Town of Southold. a municipal corporation of the State pf, Nev; Vork, i i iv ing ;ts 1)fflice at 53:795 Main Road, Town of South6ld, SiffWk County. NTeI4 York i Lite WAI-,RFAS. the(-'T,arlor is the owner of a certain parcel of lard containing 7.8 acres. vicire or less,of lend identified by Su,"oak County Tax Map number 1000-102-4-6.2: WaIed cr the cost side ol'Alvah's Laric in the Hamlet of Cutchogrie, Town of Southold, Suffin'k Courry, New Ynric, generally bounded northerly by land now or formerly or R6nhardlt, westelrlY 3.) A],ah's Lane, southerly by Kerrigan, and easterly by Reinhardt and 3alaiefl"). -4',d lind being depicted as"Proposed Lot 2"on a catairt map prepared by Stanley J. Imkscil-Ir.. licensed land surveyors entitled "Proposed Minor Subdivision of Michael Kalc�ki Pla", skltvcy dated June 11,2001 last r--vised November 15.2006, which hL,;received Sketch Plan Approve] from the Southold Town Planning Hoard and which sair',parcel of land is Itcreinaftc-referrer] to as"the Premises": the premises being more ful h, 4escr'bed on S,-.h-.-dul,--A annexed hereto, and '+VHER7--%S,Or=-,ir h.,s pc,mitied lic Town to maintain a drainage pipe at the northwest portion of the timpcay [nom.Alvah's Lane for road runoff from.Alvah's Lane th-cu,A the swale on tac Prenliic:i.. and -IN'TiFTUAS, the (-r intct. for drainage purposcs,proposes to remove the drainage pijv, and to construct. main.Lain, and repair a storm water drainage iiNtem, including leaching ncolks), pipos rip-rap and culvert, in order w contain and direct storm water runoff from Alvah's Lane it the v i�;nfty of the Premises into the swale on the Premises; and WHEREAS, the Orantor, hzs agreed to grant to the Grantee&.drainage"serrcilt to xipcisc o%c)-and in dw porition or the lard of the Ckwiwr as described above for such TYj,TPCNc,S and a conzsev vitior easement in i porilon,of the lard as described herein, NONNY-M-EP EFORI--,. N CONSIDER-170N OF Fight Thousand Five Hundred i S8.50r) and other gond and c aluable consideration paid by the Grantee to the Grantor,the r accipt afire—Lich is bei el)v aclQrowledped. WInNESSETH: 1. GPANTI)FL)k.,l�"ACT7,, E,ALSFMEVT, The Grantor does hereby grant,transfer and oonvey to the Town orScruthnld. j drainage casement in gross,of the nature, character mid to rhe -1xrza here ir afi.orsei forth, over and upon tb.c portion of the Premises described in 5ghtd1i Le A. �_..• i .L:.: r< F -. ?'a 350T, :5�-E P.©CY;006 oi' l)R.,11" ,wYr, -BASEMENT. The nature, character and.extent of the c{ca,i.7;ate easemrnn here:% prnnt:cO is art 'Ile right of the Cnntee to enter upon the Premises at all rssetabl� titre,: . tfi) To ins-a'L create and rtaintain the facilities in the Premises and to reneir,renlacc or remove same as needed for the effective p._iiticatirn of road runoff and surface waters rtvm Aliah's Lars in they :rrmtxlistc vicinity of the Premises. , Ib p,xform such grading and excavation and the planting of such rt eta-ion and the installation of such facilities shall be requited for tt.e ec:nst:action, operation, repair, reple.oement and maintenance of the facilities, and for restotation ol•the Premises if required m a resullof the drainage flow. This shall inch:de, without linlitminn,. cWvett under&Ie drivetiay�through the swat_and such clean till as all N. necessary to pro}terly cove-such.cwvcrt. _. Girl\1 t3 'S OWNERS-11P, The Grantor reserves the right to the ownership, use a td ertio-rient c•;tl+r. Flvrliscs to rl•.e fullest extent possible w shout unreasonable inwltl^rtacc i;y t!x Grantec ir. Vic cx=isc of the Grantee's tight granted herein. 4. a)A4tA cit:.ti ,1 v`D T\'� `vL`1[F1C nTTO J. The Grantee further agrees to pay all Mesor,ahie deur.:-tire5 Io r!rr:premises of the Cmuttor or property damage (except as required rot ren.t^1c'ibrl of bI•s Facility) pr bndily'ttjuty susiauted as a tYsult of fr,.e ConsertleYien r n&m operation o f'th. &ainage easetnem thereon by tVe,Grantee, in addition, in the event aii; woj-k p,.r.`arried 1--k Gra.rt,,c iij tlae installation,creation or maimcltance in the drainage casetttcct CMILIes an ad%etsc effect on othet propert)-of Grantor or or.any property ae, oi.ning or dow nstrcnln of+:hat of Grantor, Grantee shall rec Jfy such adverse effect and inde.^teif; Grantor ,roar anq liability incurred Yy it in relation therte, including, without !intit>!ti,r.lt,,rea.snrt-,IAC ;1ttomc-'T fees. S. ADDI'TIONAI. DRA.PNACiE FACiLTTTLS. In the evert tnai:additional drainage Clciilries becume reccssl:r to properly accommodate the flow of storm water throng,",the ¢t`;2:.^. tIi a rc3ult Ol th, Ja-s:'aae O':'tvatet frnm AMYs Lane through the swalc:.the Town awes to irstall on its pro ieriy at in the easement area sac] nwessuy facilities as may be rleccs,,Nar; to properly accornrnodate such run off Bind curtail the now on to neighboring e nia prore'>, -, if,+ ov,n el"INI.l:e. r•, Y VE EMITS. "11;Uaw_ee lubber agrees to obtain all necessary permits from all �ovcmmant tl igeneid; necessary to carry out.the operations contemplated by this agreemcnl- 7. RESTRICTIONS. Grant)r agrees to construct no ences,walls or are like in the t . .agt ea,Cncr.t X,!J iu7d o e*rain from f I:ung do tbz drainage ea.semenr area. i. PLAWINGS. Grantor rttay plant in the ea-mment areas provided Grantor does not ilfAJ,,Cr iI11c(Ave tfill;JIOW of Star.t alet draA tlnc,Pad.Gala shall n(it M. D-11, :31-16 P.W4 1005 f.-'T dr-slia"7C or.'r: trucii oil of such plant material as a result of operation of the (.nntor inl-'. %:!u;,ed 1.o -prune,clear or main Lair.vegeUticuortrees in the Oca RC1 TAYEN'sloN Th;Orartc e agrees not to connect ll?c Facilities to any other Acrrrn m,.-nar Jyninnoc smc-I :jr! Alvah`S Lane which collects or direct,water f-oill the iIMP�Utirll 10. C'ONSERVA 11ON VASEN417NT. to addition ,o the dreinag-e casement granted l)arua, Gr:�rter j,np isi--, upor the portion of the Premises identified on the attached <g1, c J'! C. h O-r 7a,,.,cmqnT,ru-ming with the land. Oraintor agrees not to -I Ea, s. Or "'v"ait nzWy Wmi n the Corservertioi qcmcrlt area whic'i would cNing,t tN. grad-- 1`T! It"hc t,,oriqervation Fasenient area. Suc',.i,-,ELgeTnerti.-ItLybemk,)diried ocarection with rhe approval 0ithe suMl-vision. w:11-1 I lie orth-- (II-Intec herein. I''1" — drainage OFEASEVENT. Tbegrarizortheeascmcntand Collic.rv'.1ior Easerneril.-hall not preclude G-antor from granting lents to plibhc utility companies,casements fir vehicular access. or other r,urpc,lies or f4rins which do not con Met with or interrere with the casm.ents hereby In no event. h uw!�V-I-, Shall such C&'ienrems permit the change of grade in the eascmzut 'areai 1k,it) ort Oie Cr-ailiec'F r,.-';or .wTitier.permission. " 7v b FNrOR(l�AB[LT- . 7helctutgof this casement shall be by the Cps by ipjunctjc e rclief ol ari} outer retnedy in cqAty or by law. 3. P11RIIEFLAL LASENIEI�Z' -Dic rights granted herein shall continue and remain ;1[U,)TI perpetuiiy. MISCELLANEOUS. This Agreement and the casements and rights granted herein RhEill %]; wi:h the land and be binding upon the panics hereto and their respective .IN WjTXESS:, WHHREO? . the parties bercto have cxecutud this agreement the day and ycO i'irdt Mriticr,abroCe4' J =10 AXD SINJON LORRAJNES(MON rOV'rN kif S(K"jH()["Tj -7 'Ij: (�7 2017" 63- 258 e�,'�65 3i-56 P.005 T r C Y Q'r- 2006, before me, the undersigtied. pe-i-Amally apFeaiud HOIA'AiD S MON oild LORRAINE SLMON.porson.W ly known To me or proved 10 on tkz o'=jfi; f, -Io-y evidence to bd the individlj�1(s)whose name is rx ijel lo -,HI.I i;,qtr.nrcri:and acknowledged tc tic that Yel'sbe/fiey executed the 510.1ne in and that by his/Iie.r,,thc;r signature on tbc;nsl.,,,tment. the Ind *AjJ'. 1.C; he s,rr U.n I.Chalf of which flic individualt.$)acied, cxec,,,ted ij-,e instrarneri Public AGNM^WCKW- I 0 Fh6IW ftft d"M Yak S CCI;.:` 7 Y C,1' STUF 1: K) ",ri the .se_' day 200jr1cefore me,the undersJ'Sned,personally appLe-red'.30( 317 A, PUSSFIL,personal'y known to mea proved to me on the basis of sat;sfictoii:eviltmce to I,e the inN,Odual(s.)wfidse mune is subscribed to the within niqlratran,and acknowledged io ric that be"Slielthiq eKccutcrJ the saire in his/her/their cap'l-,.fty(je.0 and tint to hi 3ignat,,zc on the instrument,lbe individua!,or the ;verso.i on bl!ii' the inclvidual(s) acted,cxcCu+cd the instrument 'votary P-iblic t,NDAJ COOPER NOTARY PUBLIC,SIM9 of Now York N0.01 COMM%Sulfolk 1 0 Term Expires Decomber31. 02 230 8565 70: P.OW,008 SCHEDtTLE A DEtif.`RIPTION OF PREMISES: KALOi, 13.'_ '.'n t c e rr C pica of na eel of land. Mth the buildings aid improvements thereon e ecteta m+ete, lying end Mcing at Cutcboguc,in the Town cf Southold,Co+mty of Suffolk. Scree of Xe"' Yet-it, irunded and described as t'ollows: I3e ,.irr+;ig at a n>i ^t, r tilt northeasterly side of Alvah's Lane, at uhc southwesterly comer of land rorV ar Eormc•r';:of Rcnphardt.said point of begincnig being distant North 47 cegtres e r.,9r,uies 40 deco uds West,2,876.78 .feet,more or less,from the intersection of the ens;side of All ah'c !ane and the north,side of Main Road(New York State Route 25): Crm,m ss`d pont o1't> r;;ttrain:. rt..nnin, thence along land now or formerly cf, Reinhardt. Nord-: 19 d^grcoS 54 n.in,tte< )0 seconds,Eact.40728 feet to a,pipe; thcnc " ak+n .said land novo or formerly of Reinhardt, South 49 de_vees 4 minutes u fast. fi4i root 'o a point: Rurr:ing thencc Soul 42 aet roes 51 minutes 20'seconds West, 226.47 feet. R•zrn;rtt thence. North 47 degrees 8 rrinutes40 seconds West. 200,00 feet: ?unwog rknce South 42 deg-CCS 51 tminues 20 seconds West, 200.00 feel to the cc terly s de of Alvah's Lane;, 1t111UI nt::tencc atom i'se easterly side of A lvah's 1.Auc,Noah 47 degrees 8 minutes 40 seeq+td-- W--sl,479.'3 feet;.o the no in,or ilace o7 BEMi NINit. --ge 856- 'C: e:,_ 7E- -34,56 FI.007008 SCKCRt-T"E KALOSKY DRAJN, 6C,)E EASEMENT Cktelr; u jure c IT rarcre) of land, with the htilcings and improverricnts thereon erected d. iyirvand reirq at Cutcliogue, in the'ToA- of Southold. County of SutTolk, S',aLL Vf NC," 'It, ". OvInWed and described &s follows: c' 3 poll'tt on 1:11C ca-ste!-ly Side of Mah*q 1-mic. distant 2,15,4118 feet from the irIcTsec'Onof ritc Qe'M si,4t tv"Alva)'s Lane ctid the nortI, side of Main Roae (New York Stam! Rl�utr moinf orbegmning alsu being distant South 47 degrees 8 m1rutes 40 seconds E!—q,. 34.60 i--t -,'Pom the scjut,)wcstetl� comer of land now or formerly of Reinhardt; Pro-, ,arid po.tit of beFinnii-,g, running thence North 64 degrees 55 minutes 26 seconds East. 159'M feet: rurnirt'z thence Sou-b 41 degrees 9 minutes 19 seconds East. $9.60 feet; running fjvllc-�� S-)IIUL 60 dCg:ees i5 minutes 4 sccond3 East.45.42 feez,running f-jeace South 27 (3cvrrzq 4' of oulef. kinds Wc:;t, 50,07 Feet: running Thence North 60 degrees 45 minutes 4 sccory,L; V est. 555. fcct: runring-bcvc.-\IojrTb 43 degrees, 9 minutes 19 seconds Wesi. 61.06 ieer.' m.iiiingratites SLiud, 64 degrees 53 minutes 26 seconds West, 102.66 feet to the Cq. =lv side o'Ahr-'I,IL's ajje. - %avving thence along the easterly side ofAlvah's Lane North 4'7 dcampes 3 i-ii ntiQc 40 seconds W^-St, 53.95 feet to the point or place of beginning, SCUEDULE C 1CAUQSKtC0�XS- EJtVAT10.N' EASEMENT rj"' piece or vwc--1 of ldnd, with the buildings 3-,d improwmentq thereon er€ceed 't1jua%. IN it r; iveing It Cutchog"je,ill die 7'o%kT.,or Southold. County of Sufrolk. State OF N�:vir Yoii, zrd descritIed as�01 lows: Bet hvi,,1- at a iv:i!t the fouL,,AjIIl;four,(4) courses and distances from the now o: fonmerly 6f Reinhaidtaild IN easterly side of Alvah's L Lars 1. R u;a a Li4 A)I-ig the easterly side of Mvah's Lane, South 47 degrees 8 IIAMUTQ= 40 seconds East, 34.60 feet to the northwesterly comer of*a Dra4 nagc 13eictntri grated to the Toy r of Southold: Thcwx- aloqg the lines of sad Drainage I-Elsement,North 64 degrees 55 minutes �6 seconds East, 159.20 fev% 3. Thtn),x further along The lh!es of said DraitiLge.5mement, South 43 zlevrers 9 jninuvzls 39 sacotts East. 89,60 fect; Thelicu kLrtbcr along The lines of said Drainage Easement. South 60 dc_mci 45 minuses 4 secorI6 Fast. 45.42 feet, :)o:nt(J:'be6iltpi-iiz running South 60 dAgrces 45 minutes 4 seconds East, 26.11 iet;L r1l'InIoL thence Soml, 88 degrees 14 minutes 14 seconds East, 75.53 feet: running thence co eft 57 &E%-cs 49 winut-S 45 seconds East,281.66 feet running Nance South 42 degrees 51 MTLIVes 20 seondN West. 00A feet: rimajig thence North 47 degrees 8 minutes 40 V-'.,,,.t, 107 24 1'•Lt: ninning thence North 70 degrees I I itni3ti:3 510 seconds W�M Z22%9C Crier: r:wning tlenec North 60 degrees 45 minuses 4 second.-West, 28.98 feet running rcc Nw'l 27 degrees 42"' minutes 4 ;--conds tp.Et, 30.07 eat to the Point Or P18CC Of heginnirc, #8615 • STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for 1 week(s), successively, commencing on the 29th day of November, 2007. Principal Clerk Sworn to before me this W day of 2007 >asS:' un R fel& �lV p� � . ' �.. n', CHRISTINA VOLINSKI a Town of S6ythold,a Public hearing will NOTARY PUBLIC-STATE OF NEW YORK bs,he-lY� oef#!e dorm Planning No. 01-V06105050 Bnai�;� fbffn- 1V1,am Road, ��s Qualified in Suffolk County SoutftoTB f ocl'in the YOth day of decemhey 20 7 on the question of the Commission Expires February 28, 2008 i,zfollowing: _:_ -. 6:00p.m.Proposed Standard Subdivi-' sro �'3Sa763ki 70fiatetl on At- vah L e,2, nfo Main Road(NYS 25) s/o, leRoad (CR 48) in Cutchogue, of Aquthpld, County of Suffolk,State of,19 Yot'k..Suffolk County„'Pax Map i er 1000-102-4, 6.2&1A Sitollmrforne Bfpe k 8 ' oq t,tie n/s/o aiely 576`eVo B'oisseau'A+caue, known as> r"Road; iR'Southold, Town' of Southold,County 5uffolk, State of Nery York;S Ik only Tax Map u Nuus6e .63r3g12 1. ..6:1(Yprinposed Standard 3ubdivr-. �1r sion of:Peter&Gloria Onufrak located on the PoWc/o CR 49 and Mary's Road mMatttuck,Towp of Southold,County of Suffolk,State of New York.Suffolk County Tax Map Number 1{!00.114-5-1 6;15:_p.m. PM posefl Conservation. Subdiviaton'of MIlTv& Patricia Marco located on the s/e/s{a,Leslie's Road,the slwlcloIndian Ne ;Tload and the a/s/o Bay Avenue in Peconic,Town of South- old, County'9f Suffolk, State of New York.Suffolk County Tax Map Number. 1000-97-9-10.4,&h;'98-1-2.1&27.1 Dated:11/20/07 BY ORDER OFTf°iE SOUTFTOLD TOWNNNING BOARD 14Jerilyn B.Woodhouse Chairperson 8615-1T 11/29 • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE o��pf SU!/Tyol Southold, NY 11971 Chair O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON 0 �� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDIiYCOU,M'N Southold,NY 1,11 Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 10th day of December, 2007 on the question of the following: 6:00 p.m. Proposed Standard Subdivision o located on Alvahs Lane, 2,056' n/o Main Road (NYS 25) and s/o Middle Road (CR 48) in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 102-4-6.2 & 7.1 6:05 p.m. Proposed Site Plan for The Blue Duck Bakery located on the n/s/o New York State Road 25, approximately 576' e/o Boisseau Avenue, known as 56275 Main Road, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-3-12 6:10 p.m. Proposed Standard Subdivision of Peter & Gloria Onufrak located on the n/e/c/o CR 48 and Mary's Road in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-5-1 6:15 p.m. Proposed Conservation Subdivision of Philip & Patricia Marco located on the s/e/s/o Leslie's Road, the s/w/c/o Indian Neck Road and the a/s/o Bay Avenue in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-97-9-10.4 & 12; 98-1-2.1 & 27.1 Dated: 11/20/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, NOVEMBER 29, 2007 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times • . Page 1 of 1 Kalin, Carol From: JOAN ANN paweber@timesreview.com] Sent: Tuesday, November 20, 2007 11:40 AM To: Kalin, Carol Subject: Re: Legal Ad for 11/29 edition CAROL RECEIVED FOR PUBLICATION ON THE 29TH. HAPPY THANKSGIVING! JOAN ANN ----- Original Message ----- From: Kalin. Carol To: iaweber timesreview com Sent: Tuesday, November 20, 2007 11:21 AM Subject: Legal Ad for 11/29 edition Please print the attached legal ad in the November 29th edition. I'll await your confirmation of receipt. Thanks. 11/20/2007 j • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE SOF so P.O.Southold, NY 11971 0� Q Chair o OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �liyCOU'M'� Southold, NY I11, Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 10th day of December, 2007 on the question of the following: 6:00 p.m. Proposed Standard Subdivision of Michael Kaloski located on Alvahs Lane, 2,056' n/o Main Road (NYS 25) and s/o Middle Road (CR 48) in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 102-4-6.2 & 7.1 6:05 p.m. Proposed Site Plan for The Blue Duck Bakery located on the n/s/o New York State Road 25, approximately 576' e/o Boisseau Avenue, known as 56275 Main Road, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-3-12 6:10 p.m. Proposed Standard Subdivision of Peter & Gloria Onufrak located on the n/e/c/o CR 48 and Mary's Road in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-5-1 6:15 p.m. Proposed Conservation Subdivision of Philip & Patricia Marco located on the s/e/s/o Leslie's Road, the s/w/c/o Indian Neck Road and the a/s/o Bay Avenue in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-97-9-10.4 & 12; 98-1-2.1 & 27.1 Dated: 11/20/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson r STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 26th day of November, 2007 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 12/10/07 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Standard Subdivision of Michael Kaloski, SCTM#1000-102-4-6.2 & 7.1 6:05 p.m. Public Hearing for the proposed Site Plan for The Blue Duck Bakery, SCTM#1000-63-3-12 6:10 p.m. Public Hearing for the proposed Standard Subdivision of Peter& Gloria Onufrak, SCTM#1000-114-5-1 6:15 p.m. Public Hearing for the proposed Conservation Subdivision of Philip & Patricia Marco and Marco Phil Productions, Inc., SCTM#1000-97-9-10.4 & 12 and 1000-98-1-2.1, 27.1 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this ) jAday of 101TOVi, 2007. R Notary Fi MELANIE OOROSKI NOTARY PUBLIC,State of New York No. 01D04634870 Qualified in Suffolk County Commission Expires September 302!L�' • 0 MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE ��pf so P.O.Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR Gn Q 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDU0 Southold, NY n 1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 20, 2007 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Standard Subdivision of Michael and Irene Kaloski Located on Alvahs Lane, 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue SCTM#'s 1000-102-4-6.2 & 7.1 Zoning District: A-C Dear Ms. Wickham: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, November 19, 2007: BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Standard Subdivision of Michael and Irene Kaloski. The next regularly scheduled Planning Board Meeting will be held on December 10, 2007 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, erilyn B. Woodhouse Chairperson 0 0 Law Offices WICKHAM, BRESSLER, GORDON & GEASA P.C. 13015 Main Road, P.O. Box 1424 Mattituck,New York 11952 631-298-8353 Telefax no. 631-298-8565 Melville,N.Y. office: 631-249-9480 MEMORANDUM To: Planning Department From: Julie Mazzaferro Date: 11/20/07 To whom it may concern: Enclosed please find the green and white certified mailing slips for the Kaloski subdivision, which was heard Monday, November 19, 2007. Thank you, Julie Mazzaferro Aawmemojulie T,lw Office": TMESSLE11, GORDON &GEASAP-C- i3;!vi Vain Road,P.O.&))L 1424 NI. attituck ' ,New York 11952 631-298-8353 Telefax no. 691.298-8565 Tb C_T)f(�Mhi I d"WOr ICE,:uly vrivoccca kis iwcree J fpr u3c AY uY ih--person hl"MiPOVP, in rrroTl Pleas.1",0/' by tp"t.shone lrefft!IN Oyso that vie UY011dommTh�wVeNlid SpaF os Indkatee, P;Vre CIA as-ltlm m pomiblex the numhK Rhove. wx 17A, Y)v Jln 7 hl.l,• It vlge me Of Coti -1 -0:6 .,*5 31 36 C-3- 296 656� 1 P.OW-,005 • . PLA NNT—�Nfrj BOARD T()',ArN OF NFW VQRk startrjarCl AFFIDAVVI-OF Mkhacl and lr--nc Ka!(,si.i SERVICE BY MAIL LOC'Oed at A Na' Lwiu� Col b � 2L9 Xogu- NY t rel M 7,1 C(Y."N I SUFFOUN duly sworn,deposes midsays: Cin the J perionally mailed at the United States Post Offlee in ,Y,atljtu,v.k. Ncnv York, by CFUTFIED MAIL,RET URN REQUESTED, atrue coty—it 11w wmhcJ `:clic: to AdIaLent Noperty Owners ir, prepaid envelopes addressed to tumntowncrs shu rr Lin tl.c cumnt assessment roll vedfi!%?.from the official records on file.- Y.ith ncc Southold Town Assessors Office,for every"property which abuts and is nc-o�s n or privv.te street. Lvr vehicular right-of-way of record, surrounding the zpvher"!q r,-Oneml, is folo"'S: SIZE AT"!.'ACHED US I Z&i r e, Kerri X4cCatthv arC3t1C. !,elfv 2 rnc this clay of Ncvem6er, 20"" NQfAftYP r 2W Z,L bZ! 296 3- 5 T-1!67i 6� - IE P.00:3/005 40 A)�u, c Lane Lois 3etiiar4o 1000-1024-5.4 P.0, Box 1073 Clatd-;CgLIL. Vur;., 119" Anthony llen.natnk1000-102-4-5.5 Loih.,Ben.nardo 04 BTi-l'ir Lane P.O. firv-, 1113 ct-,T.C")Q^,ue. N,-w york 1193c Reba, B atL C.1 1000-102-4-6.1 Uli,61r. Bauicilo 1855 Alvkq Lam New Ycirk 11;35 1000-102-4-8.1 Robert Dickerson 16c," NOW Yolk 119'5 (ialluccio Estate Vine.Ywd, 10,90.109-1-24A Lex 1169 298 3`i:S u 6:_ 6� _n P_004/005 .� r ^",nplets ftwm it k 6W 3,Also m,+lplete A. "Hlpt+a Item 4 Y Fl%tre 2?alvery`B ]a9@ed. r/f) , O Ai It �]ln..your nemr d s r add%"v I x:tp mvur*l I X ( c - ©Aad trs.ls ap thet,ee Oan'ehxn the s;n rd to Y-,, % At iCt`fm cart]Ta fila IJa.k 51 1 r P'.tt`i;)OCF, 1 f"f!"�.tv n Niiii Ii of Dalyply CYou M A:khyssHa t^'. f Lr'Yfiltef oWiveryle:loreax 7ekW': ONO ' k.,allUCAAC .1r� ii vi !�tz lh 'gut, ,tsy'Carlfild Mal' ,ytl�Gprmepaeli i:]Fr'rpt3txea xhi eRa44rylpt fof fe'via i C7 Inxw'wy M9ti _ 17.D.�.D. d. Fasncaed Clio(Oft Feat ❑,qr,l "'4'erNrllen+aeidGa Nrrf.' - _ !'/IMMP/211m. lS^'rC. 'alrr n,a;�t ,O2aelp2MnICC a II 0 l .. a Y'GOnlplatN hall'N i F.and 9.rV9t3 aamphls I h. 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AnlalaAddtyeeed to t It It YES,anter delbay addmo below; R-W Z P,4� Rf inh&yd- 353a S "Ahad had kurddad Mnll a basses MM D PiagUrered M711prum aeaelrttar Marcretnd 7 lmwed_Msll O O.O.D. _ a. NverrmeeDa,'beMIFJfi+Pao1 ❑ynn .edlalaNumbte 7507 0220 0004 0045 5695 'S rom;3811,rsoruary 2014 ❑araetlo flaturr aecelot tt>.ttes.oe+kt MY terme 4W itS�4 if A oaftoted2, pe ens 1 dadeesl o a s • P"YOLT nems end address on the raeeme X t7 Agent SO riat wo sen mtunl the card to you: ❑Addlese ■ Atbch thls c-ntto the bsek of the malpktoe, I a ai(Pdaeei Keary c Detjopwn a on ehu'runt V space pPnnits, I. ArWe AdEmew�d�to� c:ie deilvray nxiae olrtnlmtfidm Item�9, 17 F�[tCt ltiCi�10 If Yenter rhllvmy edoee tolrxv. Na Ccs✓-Ft +e�lQ 125A W4,111- VSD 1. !85S !vahs 1-a�u Guth o rJ A AM Mrcvd d/] COtvtIAW Mal O 5eeeaa Mull •„J �'T '�� O Negbbv+aa a011etem R"Pl fir Mernhnnaf O trauma Mrd. ❑o O.D, _ Resirlrted OrAhwo aarn Fey 0 M* ?'Friuo wlnnw 7707 C22C 0004 0045 5640 !1)asrerar/awn servha 1e0elJ �S Fotm 381 , FOOfVwy 2001 7cmrr»tYm rrrrerr tt+aahut tm�SoaM,la, AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as Ivr\ DA+C nam ,r 11 35 SctM )6yD� 10��(-6,a.v� 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 Lov. /9f Zoo? 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 X007 Your Name (orinty ^ / Signature ISDIS Address 14 D7 Dat Notary P blic .._.'.. .AMY M.BEASLEY NOTARY PUBLIC,State of Now`o* No.07BE6039767 : Qualified in Suffolk Coun mm Coission Expires February Z PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri., 11/16/07 Re: Proposed Standard Subdivision of Michael & Irene Kaloski SCTM#s: 1000-102-4-6.2 & 7.1 Date of Hearing: Monday, November 19, 2007. 6:00 p.m. PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of Standard Subdivision of AFFIDAVIT OF Michael and Irene Kaloski SERVICE BY MAIL Located at Alvahs Lane, Cutchogue,NY Parcel ID #1000-102-4-6.2 & 7.1 X STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) Kerri McCarthy, being duly sworn, deposes and says: On the 8t'day of November, 2007, 1 personally mailed at the United States Post Office in Mattituck,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Notice to Adjacent Property Owners in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property, as follows: SEE ATTACHED LIST Aerri McCarthy Sworn to before me this i� day of November, 2007. 4, & Notary Pu 1C AMY M.8ELEY .0 NOTARY PUBLIC,State of N* W York No.Oi BEBC 9767 Qualified in Suffolk County Commission Expires February 7,1+�t, 21:affmai! Richard Reinhardt 1000-102-4-5.3 3740 Alvahs Lane Cutchogue,New York 11935 Lois Bennardo 1000-102-4-5.4 P.O. Box 1073 Cutchogue,New York 11935 Anthony Bennardo 1000-102-4-5.5 Lois Bennardo 854 Bridle Lane P.O. Box 1073 Cutchogue,New York 11935 Regan Batuello 1000-102-4-6.1 Clifford Batuello 1855 Alvahs Lane Cutchogue,New York 11935 Erin Dickerson 1000-102-4-8.1 Robert Dickerson 1600 Alvahs Lane Cutchogue,New York 11935 Galluccio Estate Vineyard, LLC 1000-109-1-24.4 P.O. Box 1269 Cutchogue,New York 11935 U.S. Postal Service,, CERTIFIED MAIL, RECEIPTS lr� (Domestic Mail 091y,No insurance Coverage Provided) Ln -0Ln G may, gg 7- =O Postage $ -0 h Certifleo Feert �^ `r? \) S Ppsbnark N LZIReturn Receipt Fee ], Here 0 (Endorsement Required) _ Restricted Delivery Fee C3 (EMorsemeM Required) ru , � j RI ,Total Postage&Fees $ ry 11.�+J8R 07 $O =r3 ICL �i.( Y �r1:f D1zU' -1 ± 50 C3 et Apt.NO _r. orPo BOX No. .��j ---- --------------- i,y Ciry,Siete.ZIP+4-{ 'C3 M1 o rC3 met,et, rorPO Box N�Of. U�l-e�l--kS-4-F"OV£h-�/1_-- 1- --------7-- Cay,SYafe,ZIPi4 n/V1 (1470 :,, . ., M1 =O Sheet,Apt. .; Cify,EYete,ZIP44 � �..,r� =rte ant a OI;SfCtGr _. --------C -rreeii .. - ia - .1 , f� orty-, BCV,NO13 Agent CiPit, .. Ox- ---.................................. 0 Addressee Printed ) C. a of Delivery —.- — _.-_ D. Is delivery dress differentfrom Rem l? 0 Yes 1. Article Addressed to: If 1 YES,enter delivery address below: �'"f�Q��lACG4.O�,Srf�CVtrw1c�'d, _ r �. 7a►raa�.t. P.0 .13ox 1269 6 - �.aa:�ri�ia.�(ucu j :axaaii 145- —Ln 3. Service Type " � � ,eaa � a r. •�Certiged Mail 0 Express Mall -r t C ,• 1 i L 0 Registered Xietum Receipt for O Postage $ 2 13 Insured Mall 13 C.O.D. O 095c ! 4. Restricted Deliver)?(Ezfra Fee) -,I- Certified Fee Return Receipt Fee /. A P6cijfiark 2. Article Number 7007 0220 0004 0045 5664 (Endorsement Required) c i'bla o- Olararfer i om service label) C3 Restricted Delivery Fee 'z II j� ■ PS Farm 3811,February 2004. mastic Return Recelpt 10 (Endorsement Raquiretl) Jl i D. u--y address different from Item l? I ru Total Postage&Fees $ • 11? '007 1. Article Addressed to: C3 If YES,enter delivery address below: ` Re yurt $ GG��O Sent T - Cly✓ Cc t 1 X2.5 f'rr t�,1A1joi�t.Aluccro/nyF (,�.nYrncs -c�,1.•l�._. e' ,rte or PO Box No. P-0!=XKC. '2Y-! --- . -- -- _ }/{ �'.(A�,J."_�. CHH,state.ZIP44 --------------- 1255 • 'I VOU 3. Service Type _ { 'Certified Mail 0 Express Mall N Total Pos Fees _ /���1w�l�/� U _ I •lis (/Wl(i•W�1 1 �a 0 Registered ,A"Retum Receipt tot p t�"'B� $ -_• i? i /♦O j r (l 0 Insured Mail 0 C.O.D. t o d. Restricted Deli t` _ veM rExae tee) r, -------- - on na+c(�_f Lc ig. °nn .'�o p Sfree(Apt No.: - - - - 2. Article Number 7007 0220 0004 0045 5640 r- o,PoBo,No.__ -_Br..idkl tuat. PO -&-r-1073_ __-. __ (fiensfer from service label) City,State,ZIP.4 0 ! PS Forth 3811,February 2004 Domestic Return Receipt tc ;,, , ■ Complete items 1,2,and 3.Also complete Signature entTT-- )item 4 If Restricted Delivery Is desired. _/� ❑Ad Ir III Print your name and address on the reverse wCX_ Addresses so that we can return the card to you. B. Received by(Prided Nemo) C. D, e o Jlvery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. is delivery add dMerent tram hem 1 1. Article Addressed to: If YES,enter delivery address below: P-Mo 36,316 M&un aad 5 �y 3. �Serv,i_c�e Type �'CeNfied Mail ❑Express Mail 0 Registered WRatum Receipt for Merchandi%- 0 Insured Mail 0 C.O.D. p ■ i 4. Restricted Delivery?(Extra Fee) 0 yes o D o w g 2. Article Number 7007 022 0004 0045 5695 myo. 0,I (transfer horn serWk btu- z � p S y}• 102595-02-M-1� 3 d w ? °S Form 3811,February 2004 Domestic Return eceipt 1 C� a 1�Article Addressed to: -. - ., "13. YES,enter delivery address beoow: ❑No 2 . °1: Erin 61'C U'S'A ' � m S _ �df I tQDO Aj\jf rS / Se vice Type load Mall 0 Express Mail 3ctµ" 'y1 � '0Registered �Retum Receipt for Merchandi'❑Insured Mall 0 C.O.D. O ,�—„ . Restricted Delxrery7 fExtre Feel ❑vee 6 0 2, Article Number 7007 0220 0004 0 45 5657 % ru _ (trens/BI/IOm service 1 102595-02-M-15 3 C3 Domestic Return Receipt T o m PS Form 3811,February 2004 _ T�r m n ❑❑ w, _ _ - D. Is delivery address ditwa from Item 1?10 Ye/ _ a 1. Article Addressed to: W o p � � iR If YES,enter delivery address below: ❑No a n Anthmy &Anardo C3 s m s LojS FknnaMo Ln pyo @@ /954 Ori d k Lox SerAos Type I o P o. Box ) 07.3 3. Certified Mall 0 Express Mall -0 � e 3 _ �� 1_T 1'�� 0 Registered �um Receipt for Merchandise O Insured Mail O C.O.D. 4. Rasfrktad Delivery?(Edrs Fee) 0 Yes s a P 2. Article Number 7007 0220 0004 0045 5633 m ❑ 1113 m^ 1 (Renter from servke labti z ' - - -- - -- _. g ° PS Form 3811,February 2004 Domestic Return pt :102595-02-M-15a= y, 1. Article Addressed to: M YES,enter delivery address below: 0 No - - - - - - - - - - - �.ois Oennard0 P. 0. Box 1073 "t og la" flys 1436- 3. Service Type JJ Acerded Mall ❑Express Mail 0 Registered Aiietum Receipt for Merchandise 0 Insured Mail 0 C.O.D. . Reatdcted Delivery?(Exfre Fee) _ -0 yes 2. Article Number 7007 0220 0004 0045 5626 (Amsler from servks label) PC Farm:iR11-Fehnlary 2004 Domestic Return Receipt 102595-02-M-15e MAILING ADDRESS: PLANNING BOARD MEMBERS OF SQU,L, • P.O. Box 1179 JERILYN B.WOODHOUSE �0�� ��lO Southold, NY 11971 Chau OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON :%k JOSEPH L.TOWNSEND ��y�DONTV,� (cor. Main Southold, oungs Ave.) Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 16, 2007 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Standard Subdivision of Michael and Irene Kaloski Located on Alvahs Lane, 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue SCTM#'s 1000-102-4-6.2 & 7.1 Zoning District: A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, October 15, 2007, adopted the following resolution: WHEREAS, this proposal will subdivide a 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000- 102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, on September 13, 2005, the Southold Town Planning Board granted conditional preliminary plat approval on the map prepared by Stanley J. Isaksen Jr., LS, dated June 11, 2002 and last revised on October 10, 2003; and WHEREAS, on June 27, 2007, the applicant submitted the final Drainage and Conservation Easement, which has been approved by the Town Engineer, Superintendent of Highways and the Town Attorney, and will be recorded simultaneously with the subdivision map; and WHEREAS, on September 19, 2007, the applicant submitted a copy of the filed Declaration of Covenants and Restrictions, as recorded in the Office of the County Clerk (liber 12519, page 299) on August 23, 2007; and WHEREAS, on September 20, 2007 the applicant submitted a copy of the subdivision map containing the Health Department stamp of approval, prepared by Stanley J. Isaksen Jr., LS, dated June 11, 2002 and last revised on December 28, 2006; and Kaloski Subdivision Page Two October 16, 2007 WHEREAS, on October 5, 2007, the applicant submitted a letter requesting an additional extension of time for preliminary plat approval; and WHEREAS, on October 12, 2007, the applicant submitted the application and fee for final plat approval, which includes a copy of the final map prepared by Stanley J. Isaksen Jr., LS, dated June 11, 2002 and last revised on December 28, 2006, as approved by the Suffolk County Department of Health Services; and WHEREAS, on October 12, 2007, the LWRP Coordinator issued a recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP; be it therefore RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is furthermore consistent as noted in the October 12, 2007 report prepared by the LWRP Coordinator; and be it further RESOLVED, that the Southold Town Planning Board grants an extension of time for conditional preliminary plat approval effective March 13, 2007 until March 13, 2008; and be it further RESOLVED, that the Southold Town Planning Board approves the Drainage and Conservation Easement and recommends same to the Town Board; and be it further RESOLVED, that the Southold Town Planning Board set Monday, November 19, 2007 at 6:00 p.m. for a final public hearing on the final plat prepared by Stanley J. Isaksen Jr., LS, dated June 11, 2002 and last revised on December 28, 2006. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed preen return receipt cards before 12.00 noon on Friday. November 16. 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, Jerilyn B. Woodhouse, Chair Encs. OZmOm oo �f I SEE SEC.N0.101 LNE 8.. 0 NPLCNMATCH -zz ^ e •+oo t v J r I _ o a S E� I � _ m„ i n 9 m� o� w ----- • r + a �. • 0 e e• F °3" +s� c i - z oo l�JJ �L �`� 'e ♦�cr I.o a +Naod y 21 a `3 f SqL I � S J O A� z I J D m.a MICHAEL & IRENE KALOSKI STANDARD SUBDIVISION 1000 - 102 =4 -6 . 2 & 7 . 1 Proposal to subdivide a 8.30-acre parcel into two lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change in the A-C Zoning District. WONDAY, NOVEMBER 19 , 2007- 6 : 00 P . M . 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 standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-102-4-6.2 & 7.1; 3. That the property which is the subject of this application is located in the A-C (Agricultural-Conservation) Zoning District; 4. That this proposal will subdivide an 8.30-acre parcel into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres to SCTM#1 000-102-4-7.1. The property is located on Alvahs Lane, 2,056 feet north of Main Road (NYS 25) and south of Middle Road (CR 48) 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, November 19. 2007 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: Michael & Irene Kaloski Date: 10/18/07 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 1-2:00 noon. Fri., 11/16/07 Re: Proposed Standard Subdivision of Michael & Irene Kaloski SCTM#s: 1000-102-4-6.2 & 7.1 Date of Hearing: Monday, November 19, 2007, 6:00 p.m. pf SOLI OFFICE LOCATION: ��� y�l �� MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) y Southold, NY ATelephone: 631765-1938 7izs Fax: 631 765-3136 Comm LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Jerilyn B. Woodhouse, Chair Town of Southold Planning Board OCT 15 2001 From: Mark Terry, Principal Planner LWRP Coordinator Date: October 12, 2007 Re: Proposed Standard Subdivision of Michael and Irene Kaloski SCTM#1000-102-4-6.2 & 7.1 Zoning District AC This proposal will subdivide a 8.30 acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2)to SCTM#1000-102-4-7.1. Following the transfer, SCTM#1000-102-4-7.1 will equal .918 acres. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the LWRP. Cc: Anthony Trezza, Senior Planner File I.AN 01:1:ICtis WICKHAM. BRFSSLER, GORDON & GEASA. P.C. 1301; A1,AIN R1):AI). 11.0. BOX 1424 U II 1 1 1 K'ICKIFAM(06-02) M:A III I IY'K. L(,N6 ltil .AND IIRI( I BRI(SSLI R VPAA' YORK 119i' 11RO VI) Ito[ 1 0" ROAD V131(,All '\. qM KIIAM 111911. 111 LYNNI, M. GURDUN V11 I It I NI N YORK 11747 JAN I (d As 631-298-83,3 -- I I I.I'A AN M). 611-",X-8565 631-_'49-4180 wW blaN�a aol.com 11.111 63 1-249-9484 October '-?. 2007 Attn: Anthony I rezza, Senior Environmental Planner Southold Town Planning Board 53095 Main Road P.O. Boz 1179 Southold, New York 11971 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Premises: Alvah's Lane, Cutchogue, New York SCTM# 1000-102-4-6.2 & 7.1 Dear Anthony: Supplementing our correspondence of September 12 and September 18. 2ot17_ \�c herchy request an additional extension of conditional preliminary plat approval in the uhkly e matter as we are now readv to finalize the remaining details on the subdivision. Very truly yours, Abigail A. Wickham * 30 chdphAal I L L' OCT - 5 2001 I-AAAOH WI'S WICKHAM, BRF.SSUR, GORDON & G6ASA. P.C. 1311L5 RUIN ROAD. P.O. nOX 1424 NII 1 W Wk W K I IA\1100-021 MA I I I I I K. LUNG ISI _WD I RIC I. 13RI11Sl Lk NICK YORK 119>2 RKO.AD IIOLLOW ROAD A1316AI1.A. WK KI IANI Sl1111'. 111 LYNNE iM.60RDON VII I A'II I I . NI:W YORK 11747 JAN[_I (iP.;ASA 631-298-83,3 ---- I If I'AX NO, 631-298-8565 631-2499480 wwblaV01%aol.coln Il l I.I AX NO. 631-249-9484 September 18. 2007 Attn: Anthom Irezza, Senior Environmental Planner Southold Told n Planning Board 53095 Main Road P.O. Box 1179 Southold. New y'ork 11971 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Premises: Alvah's Lane, Cutchogue, New York SCTM# 1000-102-4-6.2 & 7.1 Dear Anthony: Enclosed is a certified copy of the Declaration of Covenants and Restrictions to the Planning Board. Very truly yours, Abigail A. Wickham �� Furl. s i LAW OFFICES WICKHAM, BRESSLER. GORDON & GEASA. P.C. 13015 MAIN ROAD. P.O. BOX 1424 WILLIAM WICKHAM(06-02) MAT IITUCK. LONG ISLAND t:RIC.I. BRI:SSLI:R NRW YORK 11952 175 BROAD HOLLOW ROAD A1316AIL A. WICKHAM SUHI: I I I I.YNNF:M. GORDON MI.I VILLI{. NI-:W YORK 11747 ,I AN t1 1 G t:A SA 631-298-83 53 ---- I FI.P.FAX NO. 631-298-8565 631-249-9480 wwblaw(C&[aol.com Ila IIAX NO.631-249-9494 September 12. 2007 Attn: Anthony Trezza, Senior Environmental Planner Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold. New York 11971 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Premises: Alvah's Lane, Cutchogue, New York SCTM9 1000-102-4-6.2 & 7.1 Dear Anthony: Enclosed is a copy of the subdivision map containin� Health Department a Ploxim tel lSo" Co- 2's Ute- b-ealn sef&� Yecez�>^q cdQ1Q9 Very trul Yours, Abigail A. Wickham a,t wrul _ A 30 shdphknl SEP 2 0 2007 Ii..... LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J. BREiSSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE I I1 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET G17ASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 WwblaW ,,aol.com TELEFAX NO.631-249-9484 July 26, 2007 AO.ttn: Anthony Trezza. Senior Environmental Planner Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Premises: Alvah's Lane, Cutchogue, New York SCTM# 1000-102-4-6.2 & 7.1 Dear Anthony: Enclosed is a copy of the revised Declaration of Covenants and Restrictions which we are having recorded. This is pursuant16 your, r of May 30, 2007. v, Vl ry truly yours, Abigai A. Wickham AAW/al �i Encl. \ , ✓ 30/ayhdpbkal DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this day of July, 2007, by HOWARD SIMON AND LORRAINE I. SIMON, residing at 27 Stacey Lane, Madison, Connecticut 06443, and MICHAEL KALOSKI and IRENE KALOSKI, residing at 1930 Alvah's Lane, Cutchogue,New York 11935, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at Alvah's Lane, Cutchogue, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-102-4-6.2 and SCTM# 1000-102-4-7.1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declarant has made an application for and has received conditional approval from the Planning Board of the Town of Southold for a subdivision of Tax Lot 6.2 into two (2) parcels and to increase the size of Tax Lot 7.1, as shown on map of"Minor Subdivision of Michael Kaloski Plat", prepared by Stanley Isaksen, L.S., last dated Nov. 15, 2006, which map will be filed in the office of the Suffolk County Clerk; and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval, the Planning Board has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed upon the Property, and as a condition of said approval,the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property shall hereafter be subject to the following covenants, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns,to wit: 1. A portion of Lot I on the subdivision map is encumbered with a Drainage and Conservation Easement Agreement granted by the Declarant dated 5/31/2007 and intended to be recorded in the Suffolk County Clerk's Office simultaneously herewith. 2. Declarant agrees to: a) refrain from clearing the Property except to the extent permitted by Chapter 240-49 of the Southold Town Code; and (b) within areas in which clearing is restricted,to remove only such trees and vegetation as are dead or extensively damaged or diseased. The clearing restriction shall not apply to those portions of the Property which are in agricultural production. 3. Grantor agrees not to conduct or permit any activity within the Conservation Easement area which would change the grade within the Conservation Easement area.waiNod,- 4. These covenants and restrictions may be terminated, revoked, or amended only at the request of the then owner of the lot with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing In addition, any modification of the restriction contained in Paragraph 3 herein shall require the consent of the Highway Superintendent of the Town of Southold. 5. Prior to any construction activity,the project will require a General Permit for the storm water runoff from construction activity (GP-02-01)administered by the New York State Department of Environmental Conservation under Phase 11 State Pollutant Discharge Elimination System (SPDES) Program. 6. 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. 7. If any section, subsection,paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal,unlawful,invalid or held to be unconstitutional by a Court of competent jurisdiction, 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. 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 by 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 within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration on the day and year first above written. Howard imon off ranee 1. Siimo'n� (� Michael Kaloski y Irene Kaloski STATE OF NEW YORK: :SS.: COUNTY OF SUFFOLK: On July �✓0. , in the year 2007. before me, the undersigned, a Notary Public in and for said State, personally appeared Howard Simon and Lorraine I. Simon, personally known to me or proved to mP on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument, the individuals, or the person or entity upon behalf of which the individuals acted, executed the instrument. of ..Public.._-_.____-_--_----- ABIGAIL A.WICKHAM STATE OF NEW YORK: Notary No 52 46428New ewYotic Qualified in Suffolk Coun :SS.: Commission Expires Sept.30,`1 41 COUNTY OF SUFFOLK: On July 3rd , in the year 2007, before me,the undersigned, a Notary Public in and for said State, personally appeared Michael Kaloski and Irene Kaloski, personally known to me or proved to me on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument, the individuals, or the person or entity upon behalf of which the individuals acted, executed the instrument. No Public ABIGAIL A.WICKHAM ReV-c&r bkal Notary PubliC,State of New York No. 52-4642871 Qualified in Suffolk County nr�1 Commission expires Sept.30, �^" SCHEDULE "A" All that certain, plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows BEGINNING at a point on the easterly side of Alvah's Lane at the southwesterly corner of land now or formerly of Reinhardt and the northwesterly corner of land of Michael Kaloski; running thence along said land now or formerly of Reinhardt, the following two courses and distances: (1) North 48 degrees 54 minutes 30 seconds East, 407.28 feet; thence (2) South 49 degrees 04 minutes 29 seconds East, 706.98 feet to land now or formerly of Batuello; thence along said land, South 47 degrees 25 minutes 20 seconds East, 136.26 feet to land now or formerly of Kerrigan; thence along said land, South 42 degrees 51 minutes 20 seconds West, 429.52 feet to the easterly line of Alvah's Lane, thence along said line, North 47 degrees 08 minutes 40 seconds West, 885.78 feet to the point or place of BEGINNING. LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK, LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE I I I LYNNE M. GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 June 26, 2007 , .» ..t " Attn: Anthony Trezza. Senior Eire e�l Planner f I Southold Town Planning Board D FJ 53095 Main Road `1UN 2 7 2001 is P.O. Box 1179 i is Southold,New York 11971 M Re: Proposed Minor Subdivision of Michael and Irene Kalpskr Premises: Alvah's Lane, Cutchogue,New York s. rwc.n SCTM# 1000-102-4-6.2 & 7.1 Dear Anthony: We have finally received the Town's Drainage and Conservation Easement, a copy of which is enclosed. We will record the original prior to filing the map. We have forward Covenants and Restrictions to the Health Department for approval which we hope will conclude its review. I have revised the Planning Board covenants as per your request and am circulating it for signatures. Very trul�your , Abigail A. Wickham 4AW/al Enol. 3W.5hdpbka1 GRANT OF DRAINAGE EASEMENT and CONSERVATION EASEMENT May, 2007 , THIS indenture made this :�A, qday of&lt U ib&tr, ;IW by and between HOWARD SIMON AND LORRAINE I. SIMON, residing at 27 Stacey Lane, Madison, CT 06443 (hereinafter"Grantor") and the Town of Southold, a municipal corporation of the State of New York,having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 7.8 acres, more or less, of land identified by Suffolk County Tax Map number 1000-102-4-6.2; located on the east side of Alvah's Lane in the Hamlet of Cutchogue, Town of Southold, Suffolk.County, New York, generally bounded northerly by land now or formerly of Reinhardt; westerly by Alvah's Lane; southerly by Kerrigan, and easterly by Reinhardt and Batuello, said land being depicted as "Proposed Lot 2"on a certain map prepared by Stanley J. Isaksen, Jr., licensed land surveyors entitled"Proposed Minor Subdivision of Michael Kaloski Plat", survey dated June 11, 2002, last revised November 15, 2006, which has received Sketch Plan Approval from the Southold Town Planning Board and which said parcel of land is hereinafter referred to as"the Premises'; the Premises being more fully described on Schedule A annexed hereto, and WHEREAS, Grantor has permitted the Town to maintain a drainage pipe at the northwest portion of the property from Alvah's Lane for road runoff from Alvah's Lane through the swale on the Premises; and WHEREAS,the Grantee, for drainage purposes proposes to remove the drainage pipe and to construct,maintain, and repair a storm water drainage system, including leaching pool(s),pipes, rip-rap and culvert, in order to contain and direct storm water runoff from Alvah's Lane in the vicinity of the Premises into the swale on the Premises; and WHEREAS,the Grantor has agreed to grant to the Grantee a drainage easement to impose over and in the portion of the land of the Grantor as described above for such purposes and a conservation easement in a portion of the land as described herein; NOW THEREFORE, IN CONSIDERATION OF Eight Thousand Five Hundred ($8,500)and other good and valuable consideration paid by the Grantee to the Grantor,the receipt of which is hereby acknowledged. WITNESSETH: 1. GRANT OF DRAINAGE EASEMENT. The Grantor does hereby grant, transfer and convey to the Town of Southold, a drainage easement in gross, of the nature,character and to the extent hereinafter set forth, over and upon the portion of the Premises described in Schedule B. 2. NATURE OF DRAINAGE EASEMENT. The nature, character and extent of the drainage easement hereby granted is the right of the Grantee to enter upon the Premises at all reasonable times: (i) To install, create and maintain the Facilities in the Premises and to repair, replace or remove same as needed for the effective purification of road runoff and surface waters from Alvah's Lane in the immediate vicinity of the Premises. (ii) To perform such grading and excavation and the planting of such vegetation and the installation of such facilities shall be required for the construction, operation, repair, replacement and maintenance of the Facilities, and for restoration of the Premises if required as a result of the drainage flow. This shall include, without limitation, a culvert under the driveway through the swale and such clean fill as shall be necessary to properly cover such culvert. 3. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership, use and enjoyment of the Premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's right granted herein. 4. DAMAGES AND INDEMNIFICATION. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor or property damage (except as required for construction of the Facility) or bodily injury sustained as a result of the construction and/or operation of the drainage easement thereon by the Grantee. In addition, in the event any work performed by Grantee in the installation, creation or maintenance in the drainage easement creates an adverse effect on other property of Grantor or on any property adjoining or downstream of that of Grantor, Grantee shall rectify such adverse effect and indemnify Grantor from any liability incurred by it in relation thereto, including,without limitation,reasonable attorneys fees. 5. ADDITIONAL DRAINAGE FACILITIES. In the event that additional drainage facilities become necessary to properly accommodate the flow of storm water through the swale, as a result of the passage of water from Alvah's Lane through the swale,the Town agrees to install on its property or in the easement area such necessary facilities as may be necessary to properly accommodate such run off and curtail the flow on to neighboring properties, at it's own expense. 6. PERMITS. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. 7. RESTRICTIONS. Grantor agrees to construct no fences,walls or the like in the drainage easement area, and to refrain from filling in the drainage easement area. 8. PLANTINGS. Grantor may plant in the easement areas provided Grantor does not change the grade or interfere with flow of storm water drainage, and Grantee shall not be liable for damage or destruction of such plant material as a result of operation of the Facility. Grantor is not required to prune, clear or maintain vegetation or trees in the easement area. 9. NO EXTENSION. The Grantee agrees not to connect the Facilities to any other storm water drainage system on Alvah's Lane which collects or directs water from the surrounding area. 10. CONSERVATION EASEMENT. In addition to the drainage easement granted herein, Grantor hereby imposes upon the portion of the Premises identified on the attached JJ Schedule C, a Conservation Easement running with the land. Grantor agrees not to conductor permit any activity within the Conservation Easement area which would J change the grade within the Conservation Easement area. Such easement may be modified only as may be required by the Planning Board in connection with the approval of the subdivision, with the consent of the Grantee herein. 11. NON-EXCLUSIVITY OF EASEMENT. The grant of the drainage easement and the imposition of the Conservation Easement shall not preclude Grantor from granting further easements to public utility companies, easements for vehicular access,or other purposes on terms which do not conflict with or interfere with the easements hereby granted. In no event, however, shall such easements permit the change of grade in the easement areas without the Grantee's prior written permission. 12. ENFORCEABILITY. The terms of this easement shall be enforceable by the parties by injunctive relief or any other remedy in equity or by law. 13. PERPETUAL EASEMENT. The rights granted herein shall continue and remain in effect in perpetuity. 14. MISCELLANEOUS. This Agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and yeaz;ifir,�t written aboo -- ,-, H' WARD SIMON LORRAINE SIMON To7 OF SOUOLD : S T A. RUSSELL, Supervisor STATE OF NEW YORK) ) ss.: COUNTY OF SSUFFOLK) On th6�, day of o 2006, before me, the undersigned, personally appeared HOWARD SIMON and LORRAINE SIMON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name is 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 on the instrument, the individual, or the person on behalf of which the individual(s) acted, executed the instrument. t,;#Public A8ft4 .A.1A0XHAM Owm"M 86PL ISD.Z STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) On the 31 day 0'—& 200f, before me,the undersigned, personally appeared SCOTT A. RUSSELL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name is 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 on the instrument,the individual, or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public- c LINDA J COOPER RE/eaeedrainrev NOTARY PUBLIC,State of New York NO.01004822583, Suffolk County Term Expires December 31,202 0 _ SCHEDULE A DESCRIPTION OF PREMISES: KALOSKI ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point on the northeasterly side of Alvah's Lane, at the southwesterly corner of land now or formerly of Reinhardt, said point of beginning being distant North 47 degrees 8 minutes 40 seconds West, 2,876.78 feet, more or less, from the intersection of the east side of Alvah's Lane and the north side of Main Road (New York State Route 25); From said point of beginning, running thence along land now or formerly of Reinhardt, North 48 degrees 54 minutes 30 seconds East, 407.28 feet to a pipe; Running thence along said land now or formerly of Reinhardt, South 49 degrees 4 minutes 29 seconds East, 637.20 feet to a point; Running thence South 42 degrees 51 minutes 20 seconds West, 226.47 feet; Running thence North 47 degrees 8 minutes 40 seconds West, 200.00 feet; Running thence South 42 degrees 51 minutes 20 seconds West, 200.00 feet to the easterly side of Alvah's Lane; Running thence along the easterly side of Alvah's Lane,North 47 degrees 8 minutes 40 seconds West,479.78 feet to the point or place of BEGINNING. SCHEDULE B I ALOSKI DRAINAGE EASEMENT ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point on the easterly side of Alvah's Lane, distant 2,642.18 feet from the intersection of the east side of Alvah's Lane and the north side of Main Road (New York State Route 25), said point of beginning also being distant South 47 degrees 8 minutes 40 seconds East, 34.60 feet from the southwesterly comer of land now or formerly of Reinhardt; From said point of beginning, running thence North 64 degrees 55 minutes 26 seconds East, 159.20 feet; running thence South 43 degrees 9 minutes 19 seconds East, 89.60 feet; running thence South 60 degrees 45 minutes 4 seconds East, 45.42 feet, running thence South 27 degrees 42 minutes 4 seconds West, 50.07 feet; running thence North 60 degrees 45 minutes 4 seconds West, 55.38 feet; running thence North 43 degrees 9 minutes 19 seconds West, 61.06 feet;running thence South 64 degrees 55 minutes 26 seconds West, 102.66 feet to the easterly side of Alvah's Lane; running thence along the easterly side of Alvah's Lane North 47 degrees 8 minutes 40 seconds West, 53.95 feet to the point or place of beginning. r SCHEDULE C KALOSKI CONSERVATION EASEMENT ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point distant the following four(4) courses and distances from the southwesterly corner of land now or formerly of Reinhardt and the easterly side of Alvah's Lane: 1. Running along the easterly side of Alvah's Lane, South 47 degrees 8 minutes 40 seconds East, 34.60 feet to the northwesterly comer of a Drainage Easement granted to the Town of Southold; 2. Thence along the lines of said Drainage Easement,North 64 degrees 55 minutes 26 seconds East, 159.20 feet; 3. Thence further along the lines of said Drainage Easement, South 43 degrees 9 minutes 19 seconds East, 89.60 feet; 4. Thence further along the lines of said Drainage Easement, South 60 degrees 45 minutes 4 seconds East, 45.42 feet; From said point of beginning running South 60 degrees 45 minutes 4 seconds East, 26.11 feet; running thence South 88 degrees 14 minutes 14 seconds East, 75.53 feet: running thence South 57 degrees 49 minutes 45 seconds East,281.66 feet; running thence South 42 degrees 51 minutes 20 seconds West, 60.00 feet; running thence North 47 degrees 8 minutes 40 seconds West, 107.24 feet; running thence North 70 degrees 11 minutes 50 seconds West, 227.96 feet; running thence North 60 degrees 45 minutes 4 seconds West, 28.98 feet; running thence North 27 degrees 42 minutes 4 seconds East, 50.07 feet to the point or place of beginning. Misc/desckal r MAILING ADDRESS: PLANNING BOARD MEMBER ��OF so�lyo P.O. Box 1179 JERILYN B.WOODHOUSE �� �� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS H Town Hall Annex MARTIN H.SIDOR !' �O 54375 State Route 25 GEORGE D.SOLOMON 0� (cor.Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND Courm,� Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 30, 2007 Abigail A. Wickham, Esq. 13015 Main Road Mattituck, NY 11952 Re: Proposed Standard Subdivision of Michael and Irene Kaloski SCTM#1000-102-4-6.2 Zoning District: A-C Dear Ms. Wickham: The Planning Board has reviewed the draft Declaration of Covenants and Restrictions in connection with the above-captioned subdivision application. I have enclosed a copy of approved C&R's for your use. Please revise the draft C&R's as follows: 1. Use the language/paragraphs as indicated. 2. Use the new Town Code numbers throughout the document. It appears that the only number that needs to be changed is the section that refers to the clearing restrictions. Chapter A106-56 is now Chapter 240-49. 3. Change the year to 2007 throughout the document, where needed. Please submit a copy of the revised C&R's for review by the Planning Board and the Town Attorney. Once the C & R's have been approved, you may record them at the Office of the County Clerk. If you have any questions regarding the above, please contact this office. Ve you s, Anth y P. Trezza Senior Planner etre, S:\Planning\2007\Subdivisions\Letters\wickham 5.30.07.doc DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this 2day of5e'2005 by Merlot LLC with offices at 591A Bicycle Path,Port Jefferson,NY 11776, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the North side of Main State Road 25, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into five (5)lots,as shown on the Subdivision Map of `Elysian Fields"prepared by John C. Ehlers Land Surveyor, last dated May 3, 2005 which map will be filed herewith in the Office of the 4 Suffolk County Clerk; and WHEREAS,for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenant and Restriction be imposed ` on said lots I and 2, 3, 4 and 5, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office;and has WHEREAS, orSthebbest interestsdie ECL1dered the foregoing ARANT and subsequent owners of said parcel;mined,that same NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known,admit,publish,covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenant and restriction as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal assigns,to wit: representatives, distributees, successors and No building permits shall be issued for any of the lots on the approved map until a curb-cut permit has been issued by the New York State Department of Transportation for the proposed 25'-wide right-of-way as shown in the location on the approved subdivision map. This covenant and restriction shall run with the land and shall be binding upon the DECLARANT,its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. .f °i. 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 by any other 1� 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. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof j as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns,and upon all persons or entities claiming under them,and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and year first written above. For Mer t LLC By: Corp. Managing M r r erodotus Damianos,M.D.,President ATE OF NEW YORK SS: LINTY OF SUFFOLK I EDWARD R ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY AT 1 HAVE COMPA THE ANNEXED COPY OF DEED LIBER- -AT PAGE _ RECORDED I o.3-05' AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET_MY w pHJAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS �(� DAY OF D CLERK :a,w lasxo IVIYIr 1 VVII4,V101p V1 vow 'W'ft No.5053136,Suffolk County Commission Expires December 11,20(2> LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK, LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE III LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 May 21, 2007 , Attn: Anthony Trezza, Senior Environmental Planner A 1 Southold Town Planning Board k 53095 Main Road �� J 1 P.O. Box 1179 Southold,New York 11971 J Re: Proposed Minor Subdivision of Michael and Irene K�los, Premises: Alvah's Lane, Cutchogue,New Yorkwy ,� SCTM# 1000-102-4-6.2 & 7.1 Dear Anthony: We forwarded a revised draft of the Covenants and Restrictions for your review on December 21, 2006. Please advise if the draft is satisfactory so we may proceed. Thank you for your consideration. Very truly yours, Aigail Wickham AAW/al 30/shdpbkal 1 n LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD. P.O. BOX 1424 WILLIAM WICKHAM(06-02) MATI'I I'UCK. LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 1I I LYNNE M.GORDON MELVILL.E. NEW YORK 11747 JANET GEASA 631-298-8353 ---- TI'11,1TAX NO.631-298-8565 631-249.9480 wwblaw C!aol.com IELFFAX NO.631-249-9484 March 13, 2007 Attn: Anthony Trezza, Senior Environmental Planner Southold Town Planning Board 53095 Main Road P.O. Box 1179 P i 1 << 2C07 Southold, New York 11971 L Re: Proposed Minor Subdivision of Michael and Irene Naloski Premises: Alvah's Lane, Cutchogue, New York SCTM# 1000-102-4-6.2 & 7.1 -.. .a,...,.,.,,..:>,.... . ..- ,�- Dear Anthony: We hereby request an additional extension of conditional preliminary plat approval in the above matter. Health Department approval is still pending, as the covenants and restrictions required by the Health Department are in the process of being finalized. As part of the Planning Board's requirements, the Grant of Drainage Easement and Conservation Easement is being reviewed by Kieran Corcoran, and proposed Covenants and Restrictions were previously forwarded to you for review. Thank you for your consideration. Very tr Iv yours, RAbigail . Wickham AAW/dm 301shdpb4 MAILING ADDRESS: PLANNING BOARD MEMBERS rg SO(/TP.O. Box 1179 JERILYN B.WOODHOUSE X0`1` Ql� Southold, NY 11971 Chair 1�f OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q GEORGE D.SOLOMON 54375 State Route 25 '�Q� • �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yCoU1111 Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 9, 2007 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Standard Subdivision of Michael and Irene Kaloski Located on Alvahs Lane, 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue SCTM#'s 1000-102-4-6.2 & 7.1 Zoning District: A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, January 8, 2007, adopted the following resolution: WHEREAS, this proposal will subdivide a 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000-102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, the Southold Town Planning Board granted conditional preliminary plat approval on September 13, 2005 on the map, dated June 11, 2002 and last revised on October 10, 2003; and WHEREAS, in a letter dated December 21, 2006, the applicant requested an extension of time for which to obtain Health Department approval and fulfill the requirements of the Planning Board resolution dated September 13, 2005: be it therefore RESOLVED, that the Southold Town Planning Board grants an extension of time for conditional preliminary plat approval effective September 13, 2006 until March 13, 2007. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilynuse Chairperson 0 FF LAW OFFICES / WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER ABIGAIL A.WICKHAM NEW YORK 11952 WILLIAM WICKHAM (06-02) LYNNE M.GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE 111 wwblaw@aol.com MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO.631-249-9484 December 21, 2006 Attn: Anthony Trezza, Senior Environmental Planner Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold,New York 11971 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Premises: Alvah's Lane, Cutchogue,New York SCTM# 1000-102-4-6.2 & 7.1 Dear Anthony: We have had the maps revised to add requirements of the Health Department. One requirement was that only the proposed property lines be shown on the subdivision map. I hope that does not pose a problem for the Planning Board since you have a prior old map with the old property lines as well as the proposed property lines in your file. We are having the date of the last revision corrected. We also enclose a copy of the Grant of Drainage Easement and Conservation Easement which was sent to the Town for signature. Please note the we requested an extension of time for conditional preliminary plat approval on August 29, 2006 (copy enclosed). I have also enclosed a revised draft of the Covenants and Restrictions for your review. Very rul yours, Abigail A. Wick,,__.., _ as{via!Encl. ¢ 3/1 shdpbka! Q IS l� L� nU DEC 2 2 2006 j Pls�d ;rd GRANT OF DRAINAGE EASEMENT and CONSERVATION EASEMENT THIS indenture made this_day of November,2006, by and between HOWARD SIMON AND LORRAINE I. SIMON, residing at 27 Stacey Lane,Madison, CT 06443 (hereinafter"Grantor") and the Town of Southold, a municipal corporation of the State of New York,having its office at 53095 Main Road, Town of Southold, Suffolk County, New York(the"Grantee"). WHEREAS,the Grantor is the owner of a certain parcel of land containing 7.8 acres, more or less, of land identified by Suffolk County Tax Map number 1000-102-4-6.2; located on the east side of Alvah's Lane in the Hamlet of Cutchogue, Town of Southold, Suffolk County,New York, generally bounded northerly by land now or formerly of Reinhardt;westerly by Alvah's Lane; southerly by Kerrigan, and easterly by Reinhardt and Batuello, said land being depicted as"Proposed Lot 2"on a certain map prepared by Stanley J. Isaksen,Jr., licensed land surveyors entitled"Proposed Minor Subdivision of Michael Kaloski Plat", survey dated June 11, 2002, last revised November 15, 2006,which has received Sketch Plan Approval from the Southold Town Planning Board and which said parcel of land is hereinafter referred to as"the Premises";the Premises being more fully described on Schedule A annexed hereto, and WHEREAS, Grantor has permitted the Town to maintain a drainage pipe at the northwest portion of the property from Alvah's Lane for road runoff from Alvah's Lane through the swale on the Premises; and WHEREAS, the Grantee, for drainage purposes proposes to remove the drainage pipe and to construct,maintain, and repair a storm water drainage system, including leaching pool(s),pipes, rip-rap and culvert, in order to contain and direct storm water runoff from Alvah's Lane in the vicinity of the Premises into the swale on the Premises; and WHEREAS,the Grantor has agreed to grant to the Grantee a drainage easement to impose over and in the portion of the land of the Grantor as described above for such purposes and a conservation easement in a portion of the land as described herein; NOW THEREFORE, IN CONSIDERATION OF Eight Thousand Five Hundred ($8,500) and other good and valuable consideration paid by the Grantee to the Grantor,the receipt of which is hereby acknowledged. WITNESSETH: I. GRANT OF DRAINAGE EASEMENT. The Grantor does hereby grant,transfer and convey to the Town of Southold, a drainage easement in gross, of the nature,character and to the extent hereinafter set forth, over and upon the portion of the Premises described in Schedule B. V 2. NATURE OF DRAINAGE EASEMENT. The nature, character and extent of the drainage easement hereby granted is the right of the Grantee to enter upon the Premises at all reasonable times: (i) To install, create and maintain the Facilities in the Premises and to repair,replace or remove same as needed for the effective purification-of road runoff and surface waters from Alvah's Lane in the immediate vicinity of the Premises. (ii) To perform such grading and excavation and the planting of such vegetation and the installation of such facilities shall be required for the construction, operation, repair, replacement and maintenance of the Facilities, and for restoration of the Premises if required as a result of the drainage flow. This shall include, without limitation, a culvert under the driveway through the swale and such clean fill as shall be necessary to properly cover such culvert. 3. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership,use and enjoyment of the Premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's right granted herein. 4. DAMAGES AND INDEMNIFICATION. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor or property damage (except as required for construction of the Facility) or bodily injury sustained as a result of the construction and/or operation of the drainage easement thereon by the Grantee. In addition, in the event any work performed by Grantee in the installation, creation or maintenance in the drainage easement creates an adverse effect on other property of Grantor or on any property adjoining or downstream of that of Grantor, Grantee shall rectify such adverse effect and indemnify Grantor from any liability incurred by it in relation thereto, including, without limitation,reasonable attorneys fees. 5. ADDITIONAL DRAINAGE FACILITIES. In the event that additional drainage facilities become necessary to properly accommodate the flow of storm water through the swale,as a result of the passage of water from Alvah's Lane through the swale, the Town agrees to install on its property or in the easement area such necessary facilities as may be necessary to properly accommodate such run off and curtail the flow on to neighboring properties,at it's own expense. 6. PERMITS. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. 7. RESTRICTIONS. Grantor agrees to construct no fences, walls or the like in the drainage easement area, and to refrain from filling in the drainage easement area. 8. PLANTINGS. Grantor may plant in the easement areas provided Grantor does not change the grade or interfere with flow of storm water drainage, and Grantee shall not be • liable for damage or destruction of such plant material as a result of operation of the Facility. Grantor is not required to prune, clear or maintain vegetation or trees in the easement area. 9. NO EXTENSION. The Grantee agrees not to connect the Facilities to any other storm water drainage system on Alvah's Lane which collects or directs water from the surrounding area. 10. CONSERVATION EASEMENT. In addition to the drainage easement granted herein, Grantor hereby imposes upon the portion of the Premises identified on the attached Schedule C, a Conservation Easement running with the land. Grantor agrees not to conduc+or permit any activity within the Conservation Easement area which would change the grade within the Conservation Easement area. Such easement may be modified only as may be required by the Planning Board in connection with the approval of the subdivision, with the consent of the Grantee herein. 11. NON-EXCLUSIVITY OF EASEMENT. The grant of the drainage easement and the imposition of the Conservation Easement shall not preclude Grantor from granting further easements to public utility companies, easements for vehicular access, or other purposes on terms which do not conflict with or interfere with the easements hereby granted. In no event, however, shall such easements permit the change of grade in the easement areas without the Grantee's prior written permission. 12. ENFORCEABILITY. The terms of this easement shall be enforceable by the parties by injunctive relief or any other remedy in equity or by law. 13. PERPETUAL EASEMENT. The rights granted herein shall continue and remain in effect in perpetuity. 14. MISCELLANEOUS. This Agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year;{ir t written abo WARD SIMON LORRAINE SIMON TOWN OF SOUTHOLD By:. SCOTT A. RUSSELL, Supervisor STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On th day of kov2006, before me,the undersigned,personally appeared HOWARD SIMON and LORRAINE SIMON,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name is 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 on the instrument, the individual, or the person on behalf of which the individual(s) acted, executed the instrument. #tPubllic ABIWXA.VV CIWAM Nuvy Steft of Now Ya* 62-4642877 -Suffolk 0 uW Cormosslon Eorea Sept.80,20= STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the_day of 2006,before me, the undersigned,personally appeared SCOTT A. RUSSELL,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name is 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 on the instrument,the individual, or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public RE/easedrainrev • SCHEDULE A DESCRIPTION OF PREMISES: KALOSKI ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point on the northeasterly side of Alvah's Lane, at the southwesterly comer of land now or formerly of Reinhardt, said point of beginning being distant North 47 degrees 8 minutes 40 seconds West, 2,876.78 feet,more or less, from the intersection of the east side of Alvah's Lane and the north side of Main Road (New York State Route 25); From said point of beginning, running thence along land now or formerly of Reinhardt, North 48 degrees 54 minutes 30 seconds East,407.28 feet to a pipe; Running thence along said land now or formerly of Reinhardt, South 49 degrees 4 minutes 29 seconds East, 637.20 feet to a point; Running thence South 42 degrees 51 minutes 20 seconds West, 226.47 feet; Running thence North 47 degrees 8 minutes 40 seconds West, 200.00 feet; Running thence South 42 degrees 51 minutes 20 seconds West, 200.00 feet to the easterly side of Alvah's Lane; Running thence along the easterly side of Alvah's Lane,North 47 degrees 8 minutes 40 seconds West, 479.78 feet to the point or place of BEGINNING. SCHEDULE B KALOSKI DRAINAGE EASEMENT ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point on the easterly side of Alvah's Lane, distant 2,642.18 feet from the intersection of the east side of Alvah's Lane and the north side of Main Road(New York State Route 25), said point of beginning also being distant South 47 degrees 8 minutes 40 seconds East, 34.60 feet from the southwesterly comer of land now or formerly of Reinhardt; From said point of beginning,running thence North 64 degrees 55 minutes 26 seconds East, 159.20 feet;running thence South 43 degrees 9 minutes 19 seconds East, 89.60 feet;running thence South 60 degrees 45 minutes 4 seconds East,45.42 feet,running thence South 27 degrees 42 minutes 4 seconds West, 50.07 feet; running thence North 60 degrees 45 minutes 4 seconds West, 55.38 feet; running thence North 43 degrees 9 minutes 19 seconds West, 61.06 feet;running thence South 64 degrees 55 minutes 26 seconds West, 102.66 feet to the easterly side of Alvah's Lane; running thence along the easterly side of Alvah's Lane North 47 degrees 8 minutes 40 seconds West, 53.95 feet to the point or place of beginning. SCHEDULE C KALOSKI CONSERVATION EASEMENT ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Beginning at a point distant the following four (4) courses and distances from the southwesterly corner of land now or formerly of Reinhardt and the easterly side of Alvah's Lane: 1. Running along the easterly side of Alvah's Lane, South 47 degrees 8 minutes 40 seconds East, 34.60 feet to the northwesterly comer of a Drainage Easement granted to the Town of Southold; 2. Thence along the lines of said Drainage Easement,North 64 degrees 55 minutes 26 seconds East, 159.20 feet; 3. Thence further along the lines of said Drainage Easement, South 43 degrees 9 minutes 19 seconds East, 89.60 feet; 4. Thence further along the lines of said Drainage Easement, South 60 degrees 45 minutes 4 seconds East, 45.42 feet; From said point of beginning running South 60 degrees 45 minutes 4 seconds East, 26.11 feet; running thence South 88 degrees 14 minutes 14 seconds East, 75.53 feet; running thence South 57 degrees 49 minutes 45 seconds East, 281.66 feet; running thence South 42 degrees 51 minutes 20 seconds West, 60.00 feet; running thence North 47 degrees 8 minutes 40 seconds West, 107.24 feet; running thence North 70 degrees 11 minutes 50 seconds West, 227.96 feet; running thence North 60 degrees 45 minutes 4 seconds West, 28.98 feet; running thence North 27 degrees 42 minutes 4 seconds East, 50.07 feet to the point or place of beginning. Misddescka! LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.c. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J.BRESSLER WILLIAM WICKHAM 106-021 ABIGAIL A.WICKHAM NEW YORK 11952 LYNNE M.GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE 111 wwblaw@aol.com MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 August 29, 2006 Attn: Anthony Trezza, Senior Environmental Planner Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold,New York 11971 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Premises: Alvah's Lane, Cutchogue, New York SCTM# 1000-102-4-6.2 & 7.1 Dear Tony: We would like to request an additional extension of time for conditional preliminary plat approval. We are still trying to resolve an issue with the Health Department relating to an adjoining piece of property owned by the Kaloski family. We hope to have that matter resolved within the extension period. Thank you for your consideration. Very t y yours, Abigail A. Wickham AAW/al 301shdpbkal 0 0 0 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this day of December, 2006, by HOWARD SIMON AND LORRAINE 1. SIMON, residing at 27 Stacey Lane, Madison, Connecticut 06443, and MICHAEL KALOSKI and IRENE KALOSKI, residing at 1930 Alvah's Lane, Cutchogue, New York 11935, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at Alvah's Lane, Cutchogue, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-102-4-6.2 and SCTM# 1000-102-4-7.1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval to subdivide Tax Lot 6.2 into two (2)parcels and increase the size of Tax Lot 7.1, as shown on map of"Minor Subdivision of Michael Kaloski Plat", and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval,the Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS,the Declarant has determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property shall hereafter be subject to the following covenants, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns,to wit: 1. A portion of Lot 1 on the subdivision map is encumbered with a Drainage and Conservation Easement Agreement granted by the Declarant dated and recorded in the Suffolk County Clerk's Office on in Liber cp as shown on the approved map. 0 2. Declarant agrees to: a) refrain from clearing the Property except to the extent permitted by Chapter A106-56 of the Southold Town Code; and(b) within areas in which clearing is restricted, to remove only such trees and vegetation as are dead or extensively damaged or diseased. The clearing restriction shall not apply to those portions of the Property which are in agricultural production. 3. Grantor agrees not to conduct or permit any activity within the Conservation Easement area which would change the grade within the Conservation Easement area. 4. These covenants and restrictions can be modified only at the request of the then owner of the lot with the approval of a majority plus one of the Planning Board of the Town of Southold, subject to a public hearing In addition, any modification of the restriction contained in Paragraph 3 herein shall require the consent of the Highway Superintendent of the Town of Southold. 5. Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase 11 State Pollutant Discharge Elimination System (SPDES) Program. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration on the day and year first above written. Howard Simon Lorraine I. Simon Michael Kaloski Irene Kaloski STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On December , in the year 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Howard Simon and Lorraine I. Simon, personally known to me or proved to me on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument, the individuals, or the person or entity upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On December , in the year 2006, before me,the undersigned, a Notary Public in and for said State,personally appeared Michael Kaloski and Irene Kaloski,personally known to me or proved to me on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument,the individuals, or the person or entity upon behalf of which the individuals acted, executed the instrument. Notary Public Re%&rpbkal SCHEDULE "A" All that certain, plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Alvah's Lane at the southwesterly corner of land now or formerly of Reinhardt and the northwesterly corner of land of Michael Kaloski; running thence along said land now or formerly of Reinhardt, the following two courses and distances: (1) North 48 degrees 54 minutes 30 seconds East, 407.28 feet; thence(2) South 49 degrees 04 minutes 29 seconds East, 706.98 feet to land now or formerly of Batuello; thence along said land, South 47 degrees 25 minutes 20 seconds East, 136.26 feet to land now or formerly of Kerrigan; thence along said land, South 42 degrees 51 minutes 20 seconds West, 429.52 feet to the easterly line of Alvah's Lane; thence along said line, North 47 degrees 08 minutes 40 seconds West, 885.78 feet to the point or place of BEGINNING. � l LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITLICK, LONG ISLAND ERIC J. BRESSLER WILLIAM WICKHAM (06-02) ABIGAIL A.WICKHAM NEW YORK 11952 LYNNE M.GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE III wwbldw@dol.COm MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO.631-249-9484 August 29, 2006 Attn: Anthony Trezza, Senior Environmental Planner Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Premises: Alvah's Lane, Cutchogue, New York SCTM# 1000-102-4-6.2 & 7.1 Dear Tony: We would like to request an additional extension of time for conditional preliminary plat approval. We are still trying to resolve an issue with the Health Department relating to an adjoining piece of property owned by the Kaloski family. We hope to have that matter resolved within the extension period. Thank you for your consideration. Very tr y yours, Abigail A. Wickham t41v,,1 30-shdphknl . Irt • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE O��QF so P.O.Southold,NY 11971 Chair O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR u+G be 54375 State Route 25 GEORGE D.SOLOMON YO (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDyCDU Southold,NY � NT�,�� Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 9, 2006 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Standard Subdivision of Michael and Irene Kaloski Located on Alvahs Lane, 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue SCTM#'s 1000-102-4-6.2 & 7.1 Zoning District: A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, May 8, 2006, adopted the following resolutions: WHEREAS, this proposal will subdivide a 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000-102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, the Southold Town Planning Board granted conditional preliminary plat approval on September 13, 2005 on the map, dated June 11, 2002 and last revised on October 10, 2003; and WHEREAS, in a letter dated March 9, 2006, the applicant requested an extension of time for which to obtain Health Department approval and fulfill the requirements of the Planning Board resolution dated September 13, 2005: be it therefore RESOLVED, that the Southold Town Planning Board grants an extension of time for conditional preliminary plat approval from March 13, 2006 until September 13, 2006. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson S� �T LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE I I I LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 March 9, 2006 - - ...F �. Attn: Anthony Trezza, Senior Environmental Planner �,..;. ,• Town of Southold Planning Board Post Office Box 1179 Southold,New York 11971 F I Re: Proposed Minor Subdivision of Michael and Irene Jlos MAO 13 Premises: Alvah's Lane, Cutchogue, New York SCTM# 1000-102-4-6.2 & 7.1 1!" Southold Town y Planni Board Dear Tony: We would appreciate a six month extension of preliminary map approval which expires on March 12, 2006. We are in the process of obtaining Health Department approval, and fulfilling the requirements of the Board's resolution dated September 12, 2005, such as finalizing the drainage easement and revising the required covenants and restrictions. The language of the drainage easement with the Town has been approved by the Town Attorney's office. We are awaiting an amended description, at which time it will be finalized. Thank you for your consideration. Very truly yours, 4ga94i��Abiil ckham AAW/dm 30/shdpbextl MAILING ADDRESS: J PLANNING BOARD MEMBE r4F S0 • P.O. Box 1179 JERILYN B.WOODHOUSE O�� y0l Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 MARTIN H.SIDOR %� (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �li�'COU,M'N Southold, NY 111, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 13, 2005 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Standard Subdivision of Michael and Irene Kaloski Located on Alvahs La., 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue SCTM#1000-102-4-6.2 & 7.1 Zoning District: A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, September 12, 2005, adopted the following resolutions: The public hearing was closed. WHEREAS, this proposal will subdivide a 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres. In addition, a lot line change will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000-102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, the Southold Town Planning Board granted conditional sketch approval on January 12, 2004 on the map, dated as last revised, October 10, 2003; and WHEREAS, on February 14, 2005, the Southold Town Planning Board classified this proposal as a Standard Subdivision and allowed the application to enter the process at the preliminary approval stage; be it therefore RESOLVED, that the Southold Town Planning Board grant preliminary approval upon the map dated June 11, 2002 and last revised on October 10, 2003, subject to the following conditions: 1. Submission of the final map containing the Health Department stamp of approval. A 2. Submission of the final application and fees. 3. Submission of the Park and Playground Fee in the amount of $7000. 4. Submission of the LWRP Coastal Consistency Review Form. 5. Submission of the agreement or other legal instrument between the property owner and the Town of Southold regarding the Drainage and Conservation Easement. 6. Submission of the final map containing the Health Department stamp of approval and the following map revisions: a. Details of the Drainage and Conservation Easement need to be depicted on the map. The total area of said easement must be provided and will be considered unbuildable lands for the purposes of yield calculations. b. The title of the map must be revised to read "Final Plat for the Standard Subdivision of Michael Kaloski." c. The building envelope on Lot 2 must be revised to be located outside of the Drainage and Conservation Easement. 7. Submission of draft Covenants and Restrictions containing the following additional clauses: A. Specify the clearing restriction for Lots 1 and 2 pursuant to Chapter A106-56 of the Southold Town Code. The property owner agrees not to clear the property except to the extent permitted by the Southold Town Code and, in addition such limits, to remove such trees and vegetation that are dead or extensively diseased or damaged. The clearing restriction shall not apply to those portions of the property that are in active agricultural production. B. A portion of Lot 1 is encumbered with a Drainage and Conservation Easement granted to the Town of Southold as shown on the approved map and is subject to the terms and conditions of the filed agreement. C. Paragraph 4 should be revised to indicate that the Covenants and Restrictions can only be modified with approval of a majority plus one of the Planning Board, subject to a public hearing. D. Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and granted by the Planning Board. Please contact this office if you have any questions regarding the above. Very truly yours, Jeril�oodhouse Chairperson Encs. SEP-12-2005 09:47 FROM:WICKHRM & BRESSLER 631 298 8565 T0:631 765 3136 P.002/002 AFFIDAVIT OF POSTING This Is to serve notice that I personally posted the property known as kyril 's Lang_ LrUwix, _ 4 by placing the Town's official poster notice(s) within 10 feet of the front properly 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 1 414.01 Your Name (print) Signature 1930 Alyalis I_ar,.o_ Co-ahcm fie . tsIY I1Cu Address 9- q�- Zoos Date NotaryPubli '--- --- _— :r a_a Wax Norary ACllaYr.yb* Cam�O�M0.. arw� �:.ao:�FB aoDS SEP 1 2 2005 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. noon. Fri.. 919103 Re: Rimaosed Subdivision: Michael and Irene Kaloski SCTM#: 1000.102.48.2 & 1.1 Date of Hearing: KWjjjZ September 12. 2005. 6:00 p.m. AT PLANNING BOARD TOWN OF SOUTHOLD STATE OF NEW YORK -------------------- In the Matter of the Application of MICHAEL and IRENE KALOSKI AFFIDAVIT OF SERVICE BY MAIL Parcel ID #1000-102-4-6.2 & 7.1 -------------------- STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) Julie Turner, being duly sworn, deposes and says: I. On the 30`x' day of August, 2005, I personally mailed at the United States Post Office in Mattituck,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Notice of Hearing and Map in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property, as follows: Galluccio Estate Vineyards, LLC 1000-109-1-24.4 P.O. Box 1269 Cutchogue,NY 11935 Richard Reinhardt 1000-102-4-5.3 35315 Main Road Cutchogue,NY 11935 i Clifford and Regan Batuello 1000-102-4-6.1 1855 Alvah's Lane Cutchogue,NY 11935 William J. Kerrigan 1600 Alvah's Lane Cutchogue,NY 11935 n�w0 � - Julie Turner Sworn to before me this Z f 5a st; 2005 n otary Pubrric KERRI A.MCCARTHY NOTARY PUBLIC-STATE OF NEW YORK 11:ajjmail NO.01-MC6045508 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES 07-31-20-AOtv SENDER: SECTION . DELIVERY r ■ Complete1,2,and 3.Also complete A Sign - Item a it R ed Delivery is desired. o ■ Print your,yilkme and address on the reverse ressee so that vA can return the card toB. o�oe ■ Attach this card to the hack of the mmailplece, �AReA M( C `3 — offiavery or front B space permits. �/ Is delivery ves IT D IfYES,en0sr r o No /JrwaN W1 NON LL �6D \�a1�is vvl��lxa� q t s�b�d3S�� Service Type Certified Mall O E>pess Mail Registered O Realm Receipt for mochendlee O Insured Melt 0 C.O.D. 4. Restricted Delivery!(Extra Fee) 0 ye, 2. AtkieNumber 7004 2510 0001 2573 8070 ■ (Ifans/errianaervlcekibep Ps Form 3811,February 20o4 Doma.m Return RsoNpt 1075e54R-WI940 i SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete 7A. gnatuItem 4 if Restricted Delivery Is desired. O AgentPrint your and addf�s on the reverse a ❑Addressee ■_ so that we pan return the card to you. jk� by( rated ) C �, ■ Attach thi to the hack of the mailplace, are or on the nt If space permits. . D. Is del address different kom Item 1 7 Yea 1. Article Addressed to: If YES,enter delivery address Below: ❑No I�kce'lo �S�o{-e ll'irte ,L�� Pti 0�c ia6°� ��choc ,Y1 I�Q3S 3. Service lJ pe b'Certifled Mall O Bpssa Mall 0 Registered 0 Return Receipt for Merchandise O Insured Mail 0 C.O.D. 4. Restricted DellvW(Extra Fee) 0 Yea 2. ArticleNumbermms 7004 2510 0001 2573 8087 (rhv�7ernom servtoe febeq - Ps Form 3811.February 2004 Domestic Return Rsosipt 10269502-W15410 SENDER: e . e ■ Complete Rema 1,2,and 3.Also complete A Signature 0 Agent Item 4 If Restricted Delivery is desired. X , L, 13 Addressee ■ Print ycurrier ur n and address on the reverse Gu so that we ca return the card to you. B. R�,ved By pd Name) C. Date of Degoery ■ Attach this rel to the hack of the mailplece, 14. eS or on the from f space permits. D. Is delivery addrdiss different trom Item 17 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Rlcharr� Pw (.n0.rd+ 35311-5 Main 0-04 Y (�, �1 cKVq v,_ 1`AV II"IJ 7 3. Serviee'TyPs V" v 'Certllkd Mail O Express Mall Registered O Return Receipt for merchandise O Insured Mall O C.O.D. 4. Resaicted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 2510 0001 2573 8094 (mamster from ssrvlce MW PS Forth 3811,February 2004 Domestic Return Receipt 102596-02-W1540 U.S. Postal Service.. U.S. Post rvice , CERTIFIED MAIL,M RECEIPT CERTIFIED MAIL- RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.como For delivery information visit our website at www.usps.comt, ro . � e• 1 1. _ � r: 1 1. 1 PS Form 3800,June 2002 Sec Reverse foi PS Form 3800.June 2ou2 See Reverse for In,,,. ns U.S. Postal Service,., U.S. Postal Service,,, CERTIFIED MAIL,,, RECEIPT CERTIFIED MAIL,., RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) _ (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com, For delivery information visit our website at www.usps.com,, 1 • t I r r •. : 1 .. • l�rd�.. / f 1 II� PS Form 3800,June 2002 See Reverse for Instructions PS Form 3800.June 2302 See Reverse for Instructions SEP-12-2005 10:11 FROM:4IICKHHM & BRESSLER 631 298 8565 To:631 765 3136 P.001/002 Law Offices wici.aJAM,MssLER,GORDON 8e GEA.SA,P-C, 13015 Main Road,P.O.B ox 1424 Mattituck,New York 11952 631-298-8353 Telefax no.631-298-8565 'Tris trmsmission contains information unfidcrn N end/or Icpelly privileged. it is Intmdcd for use only by the person to whom N'vs directed. i£you havereeaived this tclacoo in error,plasm notify is by telcphono immadidnly so thM we can arrange for the rows of the p m talltas sto as It 00 mst Mstb at tha mrmh o Y011- If you do no above. all of the pages indicated, o on Fax To: t2 — FroDate:Re m: commmm This is page one of Z SEP-12-2005 10:12 FROM:WICKHRM & BRESSLER 631 298 8565 TO:631 765 3136 P.002/002 l 2. Declarant agrees to refrain from L71 'tltke�4i� -NwSou+ksl�Toum Com- b) iry, such it;k; atd to remove only such trees ,yyi�,a�lN0ai1 as are,deadextensively damaged or. diseased.Zha,� � `a hOJZR Y10�' Gtr S��M 91pA °�'T �1'i�? Lt?�rvatlo Eats 3. Grantor agrees not to conduct or permit any activity within the oaservation Easem area which would change the grade within the Conservation Easement area. �9is is IMfar- " 46ovWofk 4, These covenants and restrictions can be modified only at the request of the , t.2tanw then owner of the lot with the approval of the Plamiing Board of the Town of Southold. ha addition, ' + any modification of the restriction contained in.Paragraph 3 herein shall require the consent of the Town Engineer of the Town of Southold. (or Highway Superintendent—will ask Jaimey Ritcher). IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration on the day and year first above written. Michael Kaloski Howard Simon Lorm. rie.1.Simon STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On September ,in the year 2005,before me,the undersigned, a Notary Public in and for said State,personally appeared.Michael Kaloski,Howard Simon and Lorraine 1. Simon,personally known to me or proved to me on the basis of satisfactory evidence that they executed the some in their capacity and that by their signatures on the instrument,the individuals,or the person or entity upon behalf of which the individuals acted, executed the instrument, MICkrpblml Notary Public Sayr asp vw w ttrr.� t-a C1� !rte `�T Z as NA DSK I - WvlS4 Z 2. Declarant agrees hr in from 4- 4L o,-&A b) wA a - �, o remove only such trees ' Scat 1imtf6� -, are,dead extensively d�ppama edor diseased. (1 ,►'ul Ow iQ 3. Grantor agrees not to conductor permit any tivity within the onservation Easeme azea���� which would change the grade within the Conservation Easement area. I•n por�owt�`4GA �'alns�<!1 4. These covenants and restrictions can be modified only at the request of the then owner of the lot with the approval of the Planning Board of the Town of Southold. In addition, Protr�i any modification of the restriction contained in Paragraph 3 herein shall require the consent of the Town Engineer of the Town of Southold. (or Highway Superintendent—will ask Jaimey Ritcher). IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration on the day and year first above written. Michael Kaloski Howard Simon Lorraine L Simon STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On September , in the year 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael Kaloski, Howard Simon and Lorraine L Simon, personally known to me or proved to me on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument, the individuals, or the person or entity upon behalf of which the individuals acted, executed the instrument. re%&rpbka/ Notary Public . �as �1 wttk i`�ra��c J 1�., Z 0.o m>z� Fly C J 0 ' - 1000-102-04-5.5 ' • ' _ - 1000-102-04-5.4 \ ° WELL 1000-102-04-6.1 N/F RICHARD REINHARDT FOUND 11535 MAIN ROAD CONC. MON. MATTITUCK, N.Y. 11952 - N 4.1'. E 0.2' 706.98' S 47'25'20"E 136.26' 69.7 - S 47'2520"E 136.26' - S 49'04'29'E ' (PROPOSED PROPEIM LINE) - (PROPOSED PROPERLY LINE) 637.20 - PIP - \ FO D N 4`1'. W 1.7' 10 04 6 36�/ to --� - ' �i✓'� / / 240 \ l! cV� 0 .4 / - .-..-.�..-..-..-.._..-........_.._..-./_. _ /moi 26. (O ao \\�/ / PROPOSED \ \> 25.0' �.._.._.._..-.._..-..-. .._..r.._. 350' / N / / i�- -�� i N / LOT 1 1 \ \ // /— --\ I I// /'' —�' 326.96 V OR 2.027' CRES I It _-E-�-_-�---�- 4 LOPE \ AO EOUALS 40.000 S.F. 34.0 UI ¢� \\ \ I\ 5.1' .'pw" Q? ' _�/ TR EELI / .p / `•. ` �� \ (.—_��`\?a . / I _ 1. / \ in 30.0 - / 1��� \�'�� / // / / - / �) N a // / \ /� \ TREELIN N . �2 • \ I �— 22D EIVILDING ENVELOPE AREA 26. EQUALS 52.8894/- S.F. Ion — — �_� 26 24.0 I l 10_ 'A. ,-I�� � \ /i /// I1:• / / o N 4708'40"W (nawrROP.uIE). 150.00: o --11--, `� \\ \=— X28.0 —/ T� V / k dp / ----- ?$ - L / O CESSPOOL a \ \ /i/ // . I ?A6O��/ ------- .1pL p In L�ENCLos$e 4 \ / ; {� +,� 28� / ____--- 3? 1� TM 1000-102-04-07.1 �. `_'��i/ ) TREELINE °'M10' // I I - \\ //O O� Lor D r/1!J , �� i'� app ' /' - - O W O I ( I --'---/ WATERRIPE 1 may, ' ' / / �� - W a - \\ / i �''/ �'� 'S2o -1 �-------- rD N/F KALOSKI c7 jN N i / t N \ W p. 26.0 1610 \ // yoo -. ----.34.0 FENCE, 25.0 36.\ v STS ' \ \ / / Z b - NI4FOU44D\I \ 28. -_-�' �// / 38.0 N fV Z `--p ' ---------- 38.0 -- -\ °.. \ \4 --- �' �t owELL 50.00' �'� \ PIPE \ 479.78' ��� PROPOSED N 47'08 4O W(PROPOSED PRC'ER LINE) 206.00' FOUND '(PROPOSED PROPERtt LINE) _ / i / \ - -- .PIPE U1IL• UTIL POLE 'PIPE ' N 47'08'40"W'Laa 256.00' UTIL �44TIL' \ _ �� SIL 1' N 47'08'40"W UTIL UTIi 479.78' FOUND POLE DRAIN E - OLEO POLE \I POLE 4 POLE FOUND POLE POLE - 5o PIP 50' - ALVAH'S LANE - KA LOS l APPENDIX " A " Scale: 111 60.0' • • MAILING ADDRESS: PLANNING BOARD MEMBERS �O f so P.O. Box 1179 JERILYN B.WOODHOUSE O� �� Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMONCOU'M'� Southold, NY n 11 Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 12th day of September, 2005 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for Daniel & Stephanie Charnews, located on the w/s/o Youngs Avenue and the a/s/o Horton Lane, approximately 375' south of CR 48, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 63-1-25 6:05 p.m. Proposed minor subdivision for Michael Kaloski, located on Alvahs Lane, 2,056 feet north of Main Road (NYS 25) and south of Middle Road (CR 48) in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-4-6.2 & 7.1 6:10 p.m. Proposed site plan for Catapano Dairy Farm, located on the n/s/o County Road 48 approximately 360' e/o Mill Road, known as 33705 County Road 48 in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-74-2-12.2 6:15 p.m. Proposed site plan for North Fork Industrial Park (Foster), located at the s/e intersection of Commerce Drive and Corporate Drive, known as 350 Commerce Drive in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-1.5 6:20 p.m. Proposed amended site plan for Hellenic Restaurant, located approximately 532' west of Shipyard Lane on the n/s/o NYS Road 25 in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-35-2-14 & 15.1 Dated: 8/30/05 August 30, 2005 Legal Notice Page Two 6:25 p.m. Proposed set off for Edward Booth, located on the n/s/o Sound View Avenue, 1,669 feet east of Lighthouse Road in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-50-2-15 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, September 1, 2005 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The TravelerNVatchman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York, being duly sworn, says that on the 30th day of August, 2005 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 9/12/05 Reaular Meeting: 6:00 p.m. Public Hearing for the proposed standard subdivision for Daniel & Stephanie Charnews - SCTM#1000-63-1-25 6:05 p.m. Public Hearing for the proposed minor subdivision for Michael Kaloski — SCTM#1000-102-4-6.2 & 7.1 6:10 p.m. Public Hearing for the proposed site plan for Catapano Dairy Farm — SCTM#1000-74-2-12.2 6:15 p.m. Public Hearing for the proposed site plan for North Fork Industrial Park (Foster)— SCTM#1000-96-1-1.5 6:20 p.m. Public Hearing for the proposed amended site plan for Hellenic Restaurant— SCTM#1000-35-2-14 & 15.1 6:25 p.m. Public Hearing for the proposed set off for Edward Booth — SCTM# 1000-50- 2-15 4? . d� Linda Randolph Secretary, Southold Town Planning Board Sworn to before me this '))bf-'day of t 1cA t SY 2005. 0 MELANIE DOROSIO ( l Q NOTARY PU 0LIC State of Now York No.OualifiedInSuffolkCoun Notary Public ty Commission Expires September 022�6 • . Page 1 of 1 i Randolph, Linda From: Dina Kontokosta [dkontokosta@travelerwatchman.comj Sent: Tuesday,August 30, 2005 9:32 AM To: Randolph, Linda Subject: Re: Legal ad for publication It will run this week. ----- Original Message----- From: Randolph Linda To: dkontokosta@t_ravekerwatchman.com Sent: Tuesday, August 30, 2005 9:23 AM Subject: Legal ad for publication Dina, Please print the attached ad in the September 1 edition, and send confirmation of receipt as soon as possible. Thanks, Linda 8/30/05 MAILING ADDRESS: PLANNING BOARD MEMBE# 0 f SQU,, P.O. Box 1179 JERILYN B.WOODHOUSE O�� �0l Southold, NY 11971 Chair OFFICE LOCATION: WILLL9M J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • O 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON liyMUM Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 9, 2005 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Standard Subdivision of Michael and Irene Kaloski Located on Alvahs La., 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue SCTM#1000-102-4-6.2 & 7.1 Zoning District: A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, August 8, 2005, adopted the following resolutions: WHEREAS, this proposal will subdivide a 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000- 102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, the Southold Town Planning Board granted conditional sketch approval on January 12, 2004 on the map, dated as last revised, October 10, 2003; and WHEREAS, the Southold Town Planning Board granted an extension of time for sketch approval until January 12, 2005 by resolution dated September 14, 2004; and WHEREAS, the Southold Town Planning Board granted another extension of time for conditional sketch approval until July 12, 2005 by resolution dated February 15, 2005; and WHEREAS, the applicant has requested another extension of time for which to obtain Health Department approval for this project; be it therefore RESOLVED, that the Southold Town Planning Board grants an extension of time from July 12, 2005 until January 12, 2006; and be it further Kaloski — Page Two — 8/9/05 RESOLVED, that the Southold Town Planning Board sets the preliminary hearing regarding the map for the above-referenced standard subdivision for Monday, September 12, 2005, at 6:00 p.m. at the Southold Town Hall. 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 (2nd Floor, North Fork Bank). Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday. September 9. 2005. The sign needs to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, 4 rilyn B. Woodhouse Chairperson Ends. ! 0 Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-102-4-6.2 & 7.1; 3. That the property which is the subject of this application is located in the A-C Zone; 4. That the application is for subdivision of an 8.30-acre parcel, SCTM#1000-102-4- 6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM#1000-102- 4-6.2 to SCTM#1000-102-4-7.1. Following the transfer, SCTM#1000-102-4-7.1 will equal .918 acres. The parcel is located on Alvahs Lane, 2,056 feet north of Main Road (NYS 25) and south of Middle Road (CR 48) 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, September 12. 2005 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Traveler Watchman, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Michael Kaloski & Lorraine I. Simon Date: 8/12/05 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. noon, Fri.. 9/9/05 Re: Proposed Subdivision: Michael and Irene Kaloski SCTM#: 1000-102-4-6.2 & 7.1 Date of Hearing: Monday, September 12. 2005. 6:00 p.m. MICHAEL KALOSKI & LORRAINE 1 . SIMON • KALOSKI SUBDIVISION & LOT LINE CHANGE 1000 = 102 -4 -6 . 2 & 7 . 1 Proposal to subdivide an 8.30-acre parcel into 2 lots in addition to a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.p to SCTM#1000-102-4-7.1 on an 18,001 sq. ft. parcel in the HB Zone. MON . SEPTEMBER 12, 2005 6 . 00 P . M . §58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] §58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon.The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing.to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant 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 5801 1_%_9 LAW OFFICES WICKHAM, BRESSLER, GORDON& GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE Ill LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 July 25, 2005 Attn: Anthony Trezza, Sr. Planner Town of Southold Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Subdivision and Lot Line Change for Michael Kaloski Premises: Alvahs Lane, Cutchogue,NY SCTM# 1000-102-4-6.2 & 7.1 Dear Tony: Thank you for your note, as the office phone was not picking up this afternoon. I will request the survey work immediately, and ask the surveyor to coordinate with Lorry Kaloski and Jamie Richter. )biggail ly yours, 1A A. ickham AAW/dm 30/shdtpb4 jut 2 7 2005 l _ - JUL-26-2005 13:38 FROM:WICKHAM & BRESSLER 631 298 8565 TO:6Z.1 765 3136 `P.001/001 A. i LAW OrFICE'S WICKHAM, BRESSLER.GORDON&GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND TRIC 1,BRESSLER NEW YORK 11952 27S BROAD HOLLOW ROAD ABIOAK,A.WICKHAM SUITE I 1 I LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANETGEASA 631,298-8353 -^- TF-LGFAX NO,631.298.8565 631.249.9480 wwblew@wlxom TELEFAX NO.631.249.9484 July 25, 2005 Attn: Anthony Trezza,Sr,Planner ° Town of Southold Planning Board Post Office Box 1179 53095 Main Road Southold,New Fork 11971 2 6 2005 Re: Proposed Subdivision and Lot Line Change for Miehael Ka ski Jud Fremiees: Alvahs Lane,Cutchogue,NY SCTM#1000-102-4-6.2 & 7.1 Dear Tony Thank you for your note,as the office phone was not picking up this afternoon. I will request the survey work immediately, and ask the surveyor to coordinate with Lorry Kaloski and Jamie Richter. )bigail ly yours, A. ickharn AAW/dm ilJ/shdylG4 MAILING ADDRESS: PLANNING BOARD MEMBERS ��qsuuryo Southold,ox 1179 11971 JERILYN B.WOODHOUSE 0 Chair OFFICE LOCATION: WILLIAM J.CREMERS w ae Town Hall Annex KENNETH L.EDWARDS ;RAG �p� 54375 State Route 25 MARTIN H.SIDOR �� ..�1 (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON MumSouthold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Abigail Wickham, Esq. From: Anthony Trezza, Sr. Planner Date: July 25, 2005 Re: Subdivision and Lot Line Change for Michael Kaloski SCTM# 1000-102-4-6.2 & 7.1 As a follow up to the work session on July 18, 2005, the Planning Board agreed that the area of the drainage easement to be dedicated to the Town must be depicted on the map. I have already advised Jamie Richter of this request and I recommend that you speak with him directly so that the correct information is provided. In addition, your extension of time request is scheduled for Planning Board approval on August 8, 2005. If you can get a revised map to me before that meeting, I will also be able to set the preliminary hearing for September 12, 2005. This will allow you to proceed with the hearing without the need to have Health Department approval, although the Planning Board cannot issue final approval until the Health Department signs-off on the application. Please feel free to contact this office if you have any questions or need further assistance. LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 1I l LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 July 7, 2005 Attn: Mark Terry, Senior Environmental Planner Town of Southold Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Minor Subdivision of Michael Kaloski Plat Premises: Alvah's Lane, Cutchogue, New York SCTM# 1000-102-4-6.2 & 7.1 Dear Mark: We request an extension of conditional sketch plan approval which expires on July 12, 2005. Our client is currently awaiting Health Department approval. Thank you for your consideration. Very truly yours, i (24 ' b1.' Abigail A. Wickham AAW/dm 30/shdtpb4 JUL 1 1 2005 L J JUL-08-2005 11:49 FP0r1:WICKNAr1 & BRESSLER 631 298 8565 TO:631 765 3136 P.001/001 40 LAW OFFICES wicK-H.AM, BRESSLER,GORDON&GEASA,P.C. WILLIAM WICKFIAM(06-02) 17015 MAIN ROAD. P.O.BOX 1424 MATTITUCK,LONG ISLAND 275 BROAD HOLLOW ROAD H'RIC J.6RESSLFA NEW YORK 1.1932 SUrTE I ll ABIGAIL A.WICKHAM MELVII.L& NEW YORK 11147 1.YNNP M.OGRDON ,IANT GEASA 631-298-8353 76LEF'AX NO.631.298-8565 631-249.9480 %mblawgaolxom TELEFAX NO.631-2494484 July 7,2005 Attn: Mark Terry, Senior Environmental Planner Town of Southold Planning Boatel. Post Of&cc Box 1179 53095 Main Road Southold,New York 11.971 Re: Proposed Minor Subdivision of Michael Kaloski Plat Prertises: Alvah's Lane,Cutchogue,New York SCTMO 1000.102-4-6.2 & 7.1 Dear Mark: We request an extension of conditional Sketch plan approval which expires on July 1.2,2005. Our client is currently awaiting Health Department approval. Thank you for your consideration. Very truly yours, Y.gai,,V G LEi�, ,ti- . A. Wickham A4F,,dm misj,0tpb4 Trezza, Anthony From: Trezza, Anthony Sent: Wednesday, March 30, 2005 11:15 AM To: Terry, Mark Subject: Re: Kaloski Subdivision Application I met with Jamie Richter, Pete Harris and Kieran Corcoran regarding the above-referenced application. To summarize the main issue, the Town is planning on installing drainage in Alvah's Lane, near the southwest corner of the property because of the runoff problems, generally from the farm across the street. In addition, the property owner has agreed to grant to the Town a drainage easement on their property to allow the water to flow across the property(apparently, the property owner has no problems with this) The drainage will be installed using Town funds. However, to help offset the cost of the application process to the applicant,we have been asked for the Planning Board to consider waiving as much of the fees as possible, with the understanding that the park and playground fees cannot be waived. Here is what we have been asked to provide: 1. Provide a list of the fees paid and the fees due, including the park and playground fees, so that Kiernan knows what the cost to the applicant is. 2. We need to discuss this with the Planning Board, at Jamie's, Kiernan's and Pete's request. 3. What fees can the Planning Board waive? 4. Jamie, Pete and Kiernan seem to think that we should not be charging park and playground for both lots since there is already an existing lot. Of course, we have been charging these fees based on the number of vacant lots proposed. Jamie's point is that they could build a house and then come in for a two-lot subdivision and not be required to pay the park and playground fee for the existing residence. However, I told them that I believe the Planning Board will stick with their position to charge the park and playground fees based on the number of vacant lots proposed. 5. Are we using $5000 $700 r lot. The sketch approval we issued in July indicated that the fees will be $5000 per lot. However, ought that we were going to charge the new fees. Is this the case? We need to discuss this in more detail when I'm in the office on Friday. I just wanted to give you a heads up and a quick summary. p b .-J tS pD pg1IfFU(�C MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Boa 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Chair W Z OFFICE LOCATION: O Town Hell Annex WILLIAM J.CREMERSy�0� ��SO 54375 State Route 26 KENNETH L.EDWARDS (cor.Main Rd.&Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. SOLOMON Telephone:681765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 15, 2005 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Subdivision of Michael and Irene Kaloski Located on Alvahs La., 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue SCTW1000-102-4-6.2 & 7.1 Zoning ict: A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, February 14, 2005, adopted the following resolutions: WHEREAS, this proposal will subdivide a 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres, in addition, with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000- 102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, on September 23, 2003, the Southold Town Board adopted Resolution No. 642 of 2003 approving a conditional waiver from Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No.13 of 2003 for the proposed action, allowing the application to proceed with Planning Board review and approval; and WHEREAS, the Southold Town Planning Board granted conditional sketch approval on January 12, 2004 on the map, dated as last revised October 10, 2003; and WHEREAS, the Southold Town Planning Bdard granted an extension of time for sketch approval until January 12, 2005 by resolution dated September 14, 2004; and WHEREAS, the applicant has requested another extension of time for conditional sketch approval in order to obtain Health Department approval; and Kaloski — Page Two —2/15/05 WHEREAS, since the issuance of conditional sketch approval, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106-Subdivision of Land of the Code of the Town of Southold" on August 24, 2004; therefore be it RESOLVED, that the Southold Town Planning Board hereby grants an extension of time for conditional sketch approval until July 12, 2005; and be it further RESOLVED, that the Southold Town Planning Board re-classifies this application as a Standard Subdivision in accordance with the provisions of Chapter A106 of the Town Code; and be it further RESOLVED, that the subject application will enter the application process at the preliminary plat approval stage. Please contact this office if you have any questions regarding the above. Very truly yours, t5► j enlyn B. Woodhouse Chairperson 0 • s LAW OFFICES WICKHAM, BRESSLER, GORDON& GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw n aol.com TELEFAX NO.631-249-9484 January 11, 2005 Attn: Mark Terry, Senior Environmental Planner Town of Southold Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Minor Subdivision and Lot Line Change for Michael Kaloski Premises: Alvah's Lane, Cutchogue, New York SCTM# 1000-102-4-6.2 & 7.1 Dear Mark: We request an extension of conditional sketch plan approval which expires on January 12, 2005, as Health Department approval is pending. Thank you for your considerati m. Very truly yours, Abigail A. Wickham AAW/dm 30/shdtpb3 �I JP,fv 1 � 20U5 !� a PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE Town Hall, 53095 State Route 25 Chair Southold,New York 11971-0959 RICHARD CAGGLANO Telephone (631) 765-1938 WILLIAM J.CREMERS �Q� Fax(631) 766-3136 KENNETH L.EDWARDS -. MARTIN H.SIDOR PLANNING BOARD OFFICE September 14, 2004 TOWN OF SOUTHOLD Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Minor Subdivision and Lot Line Change for Michael Kaloski Located on Alvahs Lane, 2,056' n/o Main Road (NYS 25) and s/o Middle Road (CR 48) SCTM#s1000-102-4-6.2 & 7.1 Zone A-C Dear Ms. Wickham: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, September 13, 2004: WHEREAS, this proposal will subdivide a 8.30 acre parcel, SCTM#1000-102-4-6.2, into two lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres, in addition, with a lot line change that will transfer.402 acres from SCTM#1000-102-4-6.2 to SCTM#1000-102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, on September 23, 2003, the Southold Town Board adopted Resolution No. 642 of 2003 approving a conditional waiver from Local Law No. 13 of 2003 for the proposed action; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on January 12, 2004 for the proposed action conditioned on the submission of the final maps stamped approved by the Health Department; and WHEREAS, the applicant has requested a retroactive extension of time for sketch plan approval in order to obtain Health Department approval; therefore BE IT RESOLVED that the Planning Board grant a retroactive extension of sketch plan approval effective from July 12, 2004 to January 12, 2005. Please contact this office K you have any questions regarding the above. Very truly yours, Jeril odhouse Chairperson cc: Land Preservation Department LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA,P.C. WILLIAM WICKHAM(06-02) 13015 MAIN ROAD, P.O.BOX 1424 MATPITUCK,LONG ISLAND 275 BROAD HOLLOW ROAD ERIC J.BRESSLER NEW YORK 11952 SUITE I 11 ABIGAIL A.WICKHAM MELVILLE, NEW YORK 11747 LYNNE M.GORDON 631-298-8353 JANET GEASA631-249-9480 TELEFAX NO.631-298-8565 wwblaw@aol.com TELEFAX NO.631-249-9484 August 11, 2004 Attn: Mark Terry, Senior Environmental Planner Town of Southold Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Premises: Alvah's Lane, Cutchogue,New York SCTM# 1000-102-4-6.2 & 7.1 Dear Mark: We are in the process of obtaining Health Department approval and retroactively request an extension of time for sketch plan approval. The Health Department has not yet acted on the application. Thank you for your consideration. Very truly yours, 1 Abigail A. Wickham AAW/dm 301shdtpb2 So.,thcid Tann FIaaR":Rna' ' � CUTCHOGUE FIRE DISTRICT r r * i 260 New Suffolk Road, PO Box 930, Cutchogue, NY 11935 r,o. Telephone (631) 734-6907 • Fax (631) 734-7079 75 Years E-mail: cutfd@optonline.net of Service February 8, 2004 p � CEPWE Planning Board Office D Mark Terry, Planner FEB 10 2004 PO Box 1179 Southold, NY 11971 Southold Town • Planning Boar ' Ref: Kaloski Subdivision Dear Mr. Terry, With reference to the above property, the Board of Fire Commissioners of the Cutchogue Fire District do not feel that a fire well is needed due to the properties location within range of an existing fire well or hydrant district and is adequately protected. Thank you for your request and please call if you have any questions. Very truly yours, Board of Fire Commissioners Matthew J. Martin District Secretary r • • r PLANNING BOARD MEMBERS ��gUFFO(,�co JERILYN B.WOODHOUSE ��.� P.O. Box 1179 r" Chair C Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO y, • Telephone (631) 765-1938 WILLIAM J.CREMERSKENNETH L. Fax (631) 765-3136 MARTIN H.SIDORDS y��l �a�� PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2004 Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Located on Alvahs La., 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue SCTM#1000-102-4-6.2 & 7.1 Zoning District: A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, January 12, 2004, adopted the following resolutions: WHEREAS, this proposal will subdivide a 8.30 acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres, in addition, with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000- 102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, on September 23, 2003, the Southold Town Board adopted Resolution No. 642 of 2003 approving a conditional waiver from Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No.13 of 2003 for the proposed action; and WHEREAS, on November 11, 2003, 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; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the proposed action and, as lead agency, grants a Negative Declaration for the proposed action; and be it • Kaloski — Page Two — 1/13/04 FURTHER RESOLVED, that the Southold Town Planning Board grant sketch plan approval on the plat, dated as last revised on October 10, 2003. Sketch plan approval is conditional upon the submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, five (5) paper prints and three (3) mylars must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $10,000 ($5,000 per vacant lot in the subdivision). Once we are in receipt of the above-requested information, the application will be scheduled for an upcoming Work Session. If you have any questions, please do not hesitate to contact this office. Very truly yours, G/��G � Jenlyn B. Woodhouse Chairperson enc. cc: Melissa Spiro, Land Preservation Coordinator . PLANNING BOARD MEMBERS �OgUFFO(,(co JERILYN B.WOODHOUSE .Z.� lj P.O. Box 1179 Chair C d� Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L. DS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant January 12, 2004 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Minor Subdivision of Michael & Irene Kaloski SCTM#: SCTM#1000-102-4-6.2 & 7.1 Location: Located on Alvah's Lane., 2,056 ft. NO Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal will subdivide a 7.788 acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres, in addition, with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000-102-4-7.1 which, following the transfer, will equal .918 acres. 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: i 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 historic. 1, archaeological, architectural, or aesthetic resources or of existing community neighborhood character. J 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: Mark Terry, Senior Environmental 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 PLANNING BOARD MEMA gUFFOLt • BENNETT ORLOWSKI,JR. Q�Q CGG/� P.O. Box 1179 Chairman h� 'l' Town Hall, 53095 State Route 25 C=3 Southold,New York 11971-0959 RICHARD CAGGIANO H Z Telephone(631) 765-1938 WILLIAM J.CREMERS O '� Fax(631) 765-3136 KENNETH L. DS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 5, 2004 Matthew Martin, Secretary Cutchogue Fire District New Suffolk Road Cutchogue, New York 11935 Dear Mr. Martin: Enclosed please find one (1) survey, dated June 11, 2002, for the proposed Minor Subdivision for Michael and Irene Kaloski, Alvah's Lane, Cutchogue. SCTM# 1000-10�-4-6.2 & 7.1 O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. O The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very tru , Mark Terry, Sr. Environ enta lanner enc. SUFFOLK COUNTY WATER AUTHORITY 4060 Sunrise Highway, Oakdale, New York 11769 (631) 589-5200 December 9, 2003 Fax (631) 589-5268 Mr. Bennett Orlowski, Jr. Town of Southold Planning Board PO Box 1179 Southold,NY 11971-0959 Re: SCTM#: 1000-102-4-6.2 & 7.1 Project Name: Proposed Minor Subdivision of Michael and Irene Kaloski Dear Mr. Orlowski: The Suffolk County Water Authority has no objection to the Planning Board assuming lead agency for the above referenced project. In addition to those items in Part D of the EAF, SCWA suggests that the topics on the enclosed checklist be addressed as part of the SEQRA review. The Planning Board should incorporate the mitigative measures as covenants and restrictions on the project if it is approved. Please keep us apprised of this project. If you have any questions concerning our comments, please don't hesitate to give me a call at 631-563-0306. Sincerely, / iuzz(dl;J #obsen�) Sr. Environmental Analyst DECEI E DEC 1 1 2003 D $RUb10ld TuMR Plannin BoarA Enclosure • Environmental Review Checklist • A. Water Resources(Groundwater) 1. Location and description of aquifers and recharge areas a. quality b. quantity C. seasonal variation d. depth to water table 2. Identification of present uses and level of use of groundwater a. private water supply b. public water supply C. location of existing wells d. agricultural uses e. commercial/Industrial uses E seasonal variation B. Land Use and Zoning 1. Existing land use and zoning a. description of the existing land use of the project site and the surrounding area b. description of existing zoning of site and surrounding area C. description of any affected agricultural district or other farmland retention program boundary in and surrounding the site 2. Description of any land use plans or master plans which include project site and surrounding area a. Southold Master Plan b. Southold Water Supply Management and Watershed Strategy C. Special Groundwater Protection Area Plan C. Public Water Service 1. Existing facilities 2. Current usage levels 3. Projected future usage levels 4. Projected future facilities D. Significant Environmental Impacts-Identify those aspects identified in above Items A.B.and C.,that may be adversely or beneficially affected by the proposed action including cumulative impacts as measured against Southold Water Supply Management and Watershed Protection Strategy and provide discussion. E. Mitigation Measures to Minimize Environmental Impacts-Describe mitigative measures to reduce or avoid potential adverse impacts identified in Item D. Mitigative measures include,but are not limited to: 1. Clustering development. 2. Limiting clearing to retain maximum undisturbed recharge areas. 3. Conserving open space and placing conservation easements to protect these areas.The project should be designed in context of adjoining areas to maintain unfragmented,contiguous open space to maximize the benefit of these areas both ecologically and in terms of watershed protection. 4. Limiting fertilizer dependent vegetation to minimize turf areas. 5. Using native plants for landscaping purposes that require less water and are more drought tolerant. 6. Preserving existing native vegetation to the maximum extent practical keeping in mind realistic accessory uses that will likely occur(ie; sheds,pools). A conservation easement should be placed on the preserved area so it is not disturbed for accessory uses. 7. Using natural stormwater management practices(grass swales,filter strips,created wetlands, etc),where possible. 8. Only installing ornamental water features that recycle water. Signs should indicate that water is recycled.These water features should not be operated during a drought. 9. Using porous pavements,and/or minimizing road widths to the extent practical,while still allowing adequate emergency access. 10. Requiring the use of landscape methods that minimize recharge of contaminants. F. Identify adverse environmental effects that cannot be avoided if the project is implemented ' PLANNING BOARD MEMBERS BUFFO(,( • BENNETT ORLOWSKI,JR. �� CO P.O. Box 1179 Chairman J� Town Hall, 53095 State Route 25 : Southold, New York 11971-0959 go RICHARD CAGGIANO V, ' r Telephone (631) 765-1938 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L. DS MARTIN H.SIDOR PLANNING BOARD OFFICE November 11, 2003 TOWN OF SOUTHOLD Abigail Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 Re: Proposed Minor Subdivision of Michael and Irene Kaloski Located on Alvahs La., 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. CR 48 in Cutchogue SCTM#1000-102-4-6.2 & 7.1 Zoning District A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, November 10, 2003, adopted the following resolution: WHEREAS, this proposal will subdivide a 7.788 acre parcel, SCTM#1000-102-4-6.2,into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres, in addition, with a lot lint.;change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000-102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, on September 23, 2003, the Southold Town Board adopted Resolution No. 642 of 2003 approving a conditional waiver from Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No.13 of 2003 for the proposed action; therefore be it RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this Unlisted Action on the map dated June 11, 2003. The plat has been referred to the Suffolk County Planning Commission, the Town of Southold Police, and the Cutchogue Fire Department for review and comment. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman enc. cc: Melissa Spiro, Land Preservation Coordinator I • • PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. 0 P.O. Box 1179 Chairman Town Hall,53095 State Route 25 Southold, New York 11971-0959 RICHARD CAGGIANOWy • Telephone (631) 765-1938 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L. DS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 11, 2003 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: Proposed Minor Subdivision of Michael and Irene Kaloski Located on Alvahs La., 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48), in Cutchogue SCTM#1000-102-4-6.2 & 7.1 Zoning District A-C Requested Action: This proposal will subdivide a 7.788 acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres, in addition, with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000-102-4-7.1 which, following the transfer, will equal .918 acres. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 243 Page 2 Lead Agency Coordination Request 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: The site contains slopes greater than 15 percent. No freshwater wetlands exist on site. Where feasible, the parcel was historically farmed. The presence or absence of archeological sites is currently unknown. Please feel free to contact this office for further information. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Southold Town Board Peter Harris, Town of Southold Highway Department Building Department Melissa Spiro, Land Preservation Coordinator X Walter Hilbert, Suffolk County Department of Health Services Sheri Aicher, NYSDEC - Stony Brook John Milazzo, Esq, Suffolk County Water Authority "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 effec' on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considerer as part of the application for approval and maybe subject to further verification and public review. Provide any additiona information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and specif• each instance. NAME OF ACTION Minor Subdivision of Michael Kaloski Plat LOCATION OF ACTION Qnclude Street Address,Municipality and County) . Alvah's Lane, Cutchogue, New York NAME OF APPLICANTrSPONSOR - BUSINESS TELEPHONE Abigial A. Wickham f631•i 298-8353 • ADDRESS . Wickham, Bressler, Gordon & Geasa, P.C. , P.O. Box 1424 STATE ZIP CODE CITyJPo NY 11952 Matti-tuck, NAME OF OWNER QI dlllxenyBUSINESS TELEPHONE Michael Kaloski and Lorraine 1. Simon (631 ) 298-8353 ADDRESS c/o Wickham, Bressler, Gordon & Cease, P.C. , P.O. Box 1424 STATE LP CODE MaRo Mattituck, New York 11952 NY. 11952- DESCRIPTION OF ACTION To subdivide an 8.304 acre parcel into 2 lots: Proposed Lot 1 will be 3.452 acres and Proposed Lot 2 will be 4.332 acres. Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project,both developed aind undeveloped areas. 1. Present land use: 00rban Olndustrial OCommercial ®Residential(suburban) ORural(norrfar OForest ®Agriculture . OOther 2. Total acreage of project area 8.304 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acre: Water Surface Area acres ___ acre: Unvegetated (Rock, earth or fill acres acre Roads, buildings and other paved surfaces acres -- acre. Other (Indicate type) acres acre 3. What is predominant soil type(s) on project site? % of site a. Soil drainage: OWeil drained /DA % of site OModerately well drained �— OPoorly drained % of site b. If any agricultural land is invofved,how many acres of soil are classified within sol(group 1 through 4 of the I Land Classification System? acres. (Seel NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes (ENO a. What is depth to bedrock? (in feet) 2 y 5. Approximate percentage of proposed project site with slopes: 00-10% % 010-15% % 015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? Oyes ®No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes ®No 8. What is the depth of the water table? %�' (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Oyes ®No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes ®No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Oyes WNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs; dunes, other geological formations). OYes ®No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes MNo If yes, explain 14. Does the present site include scenic views known to be important to the community? OYes ONO 15. Streams within or contiguous to project area: no. a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: none. a Name b. Size (In acres) _ 17. Is the site served by existing public utilities? ❑Yes []No a) If Yes, does sufficient capacity exist to allow 4onnection? OYes ONO b) It Yes, will improvements be necessary to allow connection? OYes []No 18. Is the site located in an agricultural district certified.pursuant to Agriculture and Markets: Law, Article 25-AA, Section 303 and 304? JRYes ONO 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? OYes ®No ' 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes ONO 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 •52 acres. b. Project acreage to be developed: acres Initially; acres ultimately. c. Project acreage to remain undeveloped acres. A Length of.project, in miles: (If appropriate) e. 1f the project is an expansion, Indicate percent of expansion proposed %; I. 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 I Ultimately 1. Dimensions(in feet) of largest proposed structure height; width, length. 1. Linear feet of frontage along a public thoroughfare project will occupy 1st fL 3 ~ 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? - tbns/cubic yards 3. Will disturbed areas be reclaimed? Dyes ❑No ®N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Oyes ONO c. Will upper subsoil be stockpiled for reclamation? Dyes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed4rom site? acres. 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 months, (including demolition). 7. if multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is.phase 1 functionally dependent on subsequent phases? Oyes ONO 8. Will blasting occur during construction? Dyes ONO 9. Number of jobs generated: during construction ; after project is complete 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. )s surface liqu{d waste disposal involved? Oyes ®No a. If yes, indicate type of waste (sewage,. industrial, etcJ and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Oyes ONO Type 14. Will surface area of an existing water body increase or decrease by proposal? Dyes ONO Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes ®No 16. Will the project generate solid waste? Oyes ONO a. If yes,what is the amount per month tons b. if yes,will an existing solid waste facility be used? Dyes ONO c. If yes,.give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? . Dyes ONO e. If Yes, explain .17. Will the project involve the disposal of solid waste? Oyes 99No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Oyes ONO 19. Will project routinely produce odors(more than one hour per day)? Oyes MNo 20. Will project produce.operating noise exceeding the local ambient noise levels? Dyes ®No 21. Will project result In an increase in energy use? Dyes iaNO if yes , indicate type(s) 22. If water supply ii from wells, indicate pumping capacity. gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? Dyes ONO If Yes, explain 4 , 25. Approvals Required: Submittal Type Dale City, Town, Village Board OYes ONo City, Town, Village Planning Board OYes ONo Minor Subdivision City, Town Zoning Board OYes ONO City, County Health Department OYes ONO M nor .Subdivision Other Local Agencies OYes ONO Other Regional Agencies. Dyes ONo State Agencies OYes ONO Federal Agencies ❑Yes ONO C. Zoning and Planning Information 1. _Does proposed action involve a planning or zoning decision? OYes INNo If Yes, indicate decision required: Ozoning amendment Ozoning variance Ospecial use permit Osubdivision Osite plan Onew/revision of master plan Oresource management plan Oother 2. What is.the zoning classification(s)of the site? A—C 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? 5. AWhat 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 focal land use plans? ®Yes ONO 7.. What are the predominant land uses) and zoning classifications within a V4 mile radius of proposed action? ' Residential and Agricultural 8. Is the proposed action compatible with adjoiningfsurrounding land uses within a Y. mile? ®Yes ONO 9. If the proposed action is the subdivision of land; how many lots are proposed?. 2 a. What Is the minimum lot size proposed? 4.332 acres 10. Will proposed action require any authorizations)for the formation of sewer or water districts? OYes ®No 11. Will the .proposed action create a demand for any community provided services (recreation, education, police, fire prptectionN OYes 0No a If yes, is existing capacity sufficient to handle projected demand? OYes ONO 12. Will the.proposed action result in the generation of traffic significantly above present levels? Oyes ONO 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 adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate 0; avoid them. E Verifioation 1 certify that the information provided above is true to the best of my knowledge. Applicant/$ r Na eAbU$q A. Wickham Date Sen mb r 2= signature Title Agent _ If the adios Isin the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before proceedini with this assessment. 5 LAW OFFICES WICKHAM,BRESSLER,GORDON&GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 October 10, 2003 Attn: Mr. Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Minor Subdivision of Michael Kaloski Plat SCTM# 1000-102-4-6.2 Dear Mark: Enclosed are eight prints of the map in connection with the minor subdivision application submitted on September 25, 2003. Please advise when we may meet to review the maps. Very truly yours, Abigail A. Wickham AAW/dm end 30/shdpb p � r OCT A 4 2003 D $outbold Tow" Plaon'io Bard • O�gUFFO(�co � r �-- ELIZABETH A.NEVILLE h� Gy Town Hall, 53095 Main Road TOWN CLERK o P.O.Box 1179 GO Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0-0 MARRIAGE OFFICER ` Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �Ql ��� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtow�n.northfork.net OFFICE OF THE TOWN CLE&TION U TOWN OF SOUTHOLD 2 5 2003 THIS IS TO CERTIFY THAT THE FOLLOWING RESOL 4 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD ON SEPTEMBER 23,2003: WHEREAS an application has been made by Michael Kaloski for a waiver from the provisions of Local Law#3 of 2002 (and extended by Local Law#3 of 2003 and Local Law 13 of 2003) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"pursuant to Section 6 "Appeal Procedures"of Local Law#3-2002 to permit the Planning Bodrd to consider an application for a minor subdivision for the parcel of property known as SCTM# 1000-102-4-6.2; and WHEREAS the application involves the minor subdivision of a 7.8 acre parcel into 2 lots; and WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of Local Law#3-2002, Local Law#3-2003 and Local Law#13-2003 and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town has hired a"moratorium group"consisting of in-house and outside planners and attorneys who are working on a"Comprehensive Implementation Strategy"of the Comprehensive Plan of the Town of Southold and certain comprehensive planning currently being undertaken includes, but is not limited to a 80%preservation of open space throughout the Town and a 60%reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of Development Rights component (a full description of the"action"is set forth in the SEQRA Resolution dated January 7, 2003 for the Southold Comprehensive r Implementation Strategy which is incorporated by reference into this decision); and \ WHEREAS the Town Board finds that the application is not in contrast with the extensive planning initiatives being undertaken by the"moratorium group", or the Comprehensive Plan of the Town of Southold; and WHEREAS the Town Board finds that this application will not adversely affect the purpose of the Local Law# 3 of 2002, Local Law#3 of 2003 and Local Law#13 of 2003; and WHEREAS the Town Board of the Town of Southold finds that the application will not adversely affect the health, safety, or welfare of the Town of Southold; and WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is consistent with the existing land use in the surrounding area and has a minimal impact on water supply, rural character,natural resources and transportation infrastructure of the Town; and WHEREAS the Town Board of the Town of Southold finds that the application has no effect on agricultural lands and open and recreational space; and WHEREAS based on the application, all relevant documentation, the comments set forth at the public hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and extended by Local Law No. 3 of 2003 and Local Law#13 of 2003, Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and Be it RESOLVED by the Town Board of the Town of Southold that the application for waiver is hereby approved, and the applicant may file an application for subdivision with the Planning Board and proceed through the normal subdivision review process. Elizabeth A. Neville _ Southold Town Clerk C_ , LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE I I I LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 September 22, 2003 Attn: Mark Terry, Senior Environmental Planner Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Kaloski Property—Alvah's Lane, Cutchogue,New York SCTM# 1000-102-4-6.2 Dear Mark: Enclosed is a map of the Kaloski property showing a fairly equal division of the property, subject to the review of the Planning Board for clustering and reservation of open space. Very truly yours, AgWAW&ickhaml AAW/dm encl. 30/shdpb p ECEod � SEP 2 3 2003 D Southold Town Plannin Board PLANNING BOARD MEMBERS �SAFFOL/r BENNETT ORLOWSKI,JR. ,r� P.O. Box 1179 Chairman C � Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGL9NO Telephone(631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L. DS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Elizabeth Neville Town Clerk From: Bennett Orlowski, Chairman Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Minor Subdivision of Kaloski SCTM# 1000-102-4-6.2 Date: September 19, 2003 This proposal to subdivide is in the conceptual planning stage. No application has been made. The applicant is seeking a decision on whether the concept plan would qualify as exempt from the Temporary Moratorium as referenced above. In this memo, the Planning Board will only address this request in the context of land use planning; the consideration of and any comment upon any other reasons as stated, are beyond the scope of this review. The proposed action involves the subdividing of a 7.788 acre Parcel (SCTM# 1000-102-4-6.2) into two lots (Lots 1 and 2). The action would ultimately create one new building lot and a residual building lot. The lot configuration is currently unknown. On October 28 and November 4, 2002 the Planning Board met with the applicant to discuss the application type and whether it would be exempt from the moratorium. The application would only qualify as exempt if the application was a true set-off. Due to the fact that the lot proposed as a set-off is unimproved, The Planning Board ruled that the application does not qualify as a set-off and therefore is a minor subdivision. The parcel is located on Alvah's Lane, n/o Main Road NYS 25 and s/o Middle Road CR 48 in Cutchogue. All the lots are intended for residential/agricultural use or a combination thereof. The proposed project will utilize private wells and sanitary systems within individual lots. The parcel is zoned A-C. The parcel is primarily in agriculture with wooded areas following steep slope contours in the center of the property. Site topography on the parcel limits the use of the entire parcel for agriculture. The Planning Board makes a recommendation that the Town Board grant the request of waiver for the application. This decision is based upon the consideration of the following: 1. The historic land preservation actions of the family in 1999. The Town purchased development rights on what was known as 109-1-24.1 (now known as 109-1-24.4) equal to 34.25 acres. In addition, the Town also purchased development rights on 102-4-6.1 equal to 22.75 acres. In total the Kaloski family sold development rights on 57 acres. This action fully supports the comprehensive planning goals of the Town of Southold. 2. The granting of the waiver would create only one new building lot above and beyond the current number of existing building lots. 3. This proposed action would not significantly impact open and recreational space. 4. Rural Character—As indicated above, this proposed action would increase the number of building lots on the subject property by one, resulting in the potential of two new residential structures. Although the Planning Board recognizes that all new construction affects the rural quality of the landscape, this proposed yield is significantly less than the allowable yield for the property within the A-C zoning district. 5. Following the clustering of the proposed newly created lots, the proposed lots will be comparable in size to the surrounding residential lots to the north, east and general area. The Town of Southold owns the development rights on the properties to the southeast and northwest adjacent to Parcel and on the property across Alvah's Lane to the west. 6. It is the Planning Board's position that due to the mixed land cover of agriculture and woodlands on site, scenic impacts could be minimized through good site design through clustering of the lots, creating a one acre building envelope on Lot 1, establishing limits of clearing on the slopes and non-agricultural lands, utilizing existing vegetative buffers and encouraging active agricultural fields adjacent to public right of ways. This proposed action would not significantly impact open and recreational space or rural quality. 7. The Parcel is listed on the inventory list of the Southold Town Farm and Farmland Protection Strategy. The Planning Board recognizes that approval of this action would contribute to the cumulative loss of agriculture with the creation of the two lots. However, due to the lot sizes and coverage requirements, the impact to the continuance of agricultural practices upon the lots are expected to be minimal. However, the applicant did not submit a lot configuration and therefore the exact percentage of lost agricultural soils cannot be determined. The building envelopes can be modified during the planning process if significant impacts are identified. 8. The water source is proposed as private wells. 9. Site topography of the parcel constricts the use of the area for agriculture and site development. The center of the property is sloped, the wooded areas occupy the natural slopes. No wetlands exist on-site. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Enc. . P}3 o�gUFfO(,�co • MT ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK o P.O. Box 1179 REGISTRAR OF VITAL STATISTICS W ,? Southold, New York 11971 MARRIAGE OFFICER • `tC Fax(631) 765-6145 RECORDS MANAGEMENT OFFICERTele hone(631) 765-1800 FREEDOM OF INFORMATION OFFICER �O'� > �a southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Town Planner Valerie Scopaz Town Attorney Gregory F. Yakaboski From: Town Clerk Elizabeth A. Neville Re: Request for waiver to moratorium by Abigail Wickham on behalf of Michael Kaloski Amended application SCTM#1000-102-4-6.2 Date: August 29, 2003 Transmitted is an amended application for a request for waiver on moratorium with reference to Minor Subdivision application of Michael Kaloski, SCTM#1000-102-4-6.2 Please commence the review proceedings on this application and send me your recommendations in writing. 'Thank you. D EICEIYE AUG 2 9 2003 D Southold Towa Plannin Board l • • LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 ERIC J.BRESSLER MATTITUCK, LONG ISLAND ABIGAIL A.WICKHAM NEW YORK 11952 WILLIAM WICKHAM (06-02) LYNNE M.GORDON JANET GEASA MELVILLE OFFICE 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE III wwblaw@aol.com MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 August 28, 2003 Town Board, Town of Southold RECEIVED Post Office Box 1179 53095 Main Road Southold, New York 11971 AUG 2 9 2003 Re: MICHAEL KALOSKI Alvah's Lane, Cutchogue, NY 11935 SCTM#1000-102-4-6.2 Southold Town Clerk Gentlemen/Ladies: We represent ylieh:Icl Kiilwd,i and his daughter, Lormine ,Simnn- Ncho n\\n a 7.R ❑ac single and separ:lte i acant parcel at the above location. W'C rcqucsl a \c,li%Cl from the current moratorium on subdivisions so that they may proceed with a two lot minor subdivision to divide a the 7.8 acre parcel into two lots. We enclose a map proposing a fairly equal division, but the exact size of the two lots will be determined after review by the Planning Boatel. The application fee of$250.00 is enclosed. 11 IMI. Kaloslci is not allo\wd to proceed «jth the subdi\ isi(m hecausc olthe moratorium, lie will encounter the following hardships: 1. DF FACTO 8 ACRE ZONING. The lot contains 339,256.55 square feet, which equals 8.48 "acres" under the Zoning Code. If subdivision is not permitted, there will be a single lot of 8 acres which cannot be subdivided, and since the lot is elongated and wraps around an existing residence parcel, it is of an ungainly size and shape to constititute an "Estate" property. 2. FINANCIAL HARDSHIP. The difference in value between the one irregularly shaped single lot and two single lots in considerable. The difference is a severe and unfair financial hardship to the Kaloski's and deprives them of a significant amount of value Unnecessarily. 3. FAMII:Y CARE_ Mr. Kaloski and his wife, who live in the adjoining residence, are in their mist-W's and require additional care in order to avoid institutionalization in the foreseeable future. Their residence is too small for live-in help, and their daughter, Lorraine Simon, intends to relocate and build a house on one of the proposed lots. If the property cannot be subdivided, she will have to incur significant additional expense, to acquire the entire parcel rather than just the one lot. Given the current health and age of the Kaloski's, a delay in Ms. Simon's relocation plans until the conclusion of the moratorium would be a severe hardship. As an alternative argument, we believe, this subdivision proposal clearly falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002. It qualifies as a Set-Off which meets the definition of Section A106-13 of the Southold Town Code. However, the Planning Board issued a policy on set-offs in which set-offs will only be considered as such if a residence is being set off from a vacant parcel. This is not a part of the Zoning Code, but the Planning Board has held to their policy, requiring that we seek a waiver from the Town Board from the moratorium. The proposed lot division will not adversely affect the concerns for which the moratorium was instituted. The property contains no significant farmland. There are three small, noncontiguous garden parcels which are not large enough to support a farming operation. The largest parcel in the rear, is not viable farmland because of the shade and birds from the trees and the close proximity of the neighboring houses, shown on the attached lax map as "X"'s. It is located in an area where the proposed lots will not disrupt vistas, as there are several houses close to the road which are already built. It is not large enough to be ❑ 'ton,enutiou ;ub�li�isivn". There is sullicient arca antler current zoning to creatc four lots, absent the moratorium, and the Uvlller is voluntarily reducing that density by 50%. The Kaloski family has already sold the development rights to 37 acres of farmland which were a part of this original farm. This application differs from the prior request in that the current request does not include a 101 line change request (i)r thr residence We ask for your prompt and careful consideration of this situation. Please refer this matter to the Planning Board. Very truly yours, JAA�. W ckham AAW/Ib 30/shdtbwai ec: Planning Board Michael Kaloski Pat Finnegan, Town Attorney Town Of Southold • P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 08/29/03 Receipt#: 10012 Transaction(s): Subtotal 1 Moratorium Waiver $25000 Check#: 10012 Total Paid: $250.00 Name: Kaloski, Michael Alvah's Lane Cutchogue, NY 11935 Clerk ID: LYNDAB Internal ID:81647 Secy-tov� IOZ m iz J f z-o J e � u aP� .qJ 4 � ✓ a v i • av / s e a e ro a ?�' a r e' •r All, e¢ > eR Eonaw � '\x�� re 19 Q_ 4 \ S- LK mc Oa•e WnCECOUNTY OF SUFFOLK © z .— .. mw Rod'a�Y Ta Servim ncy r SWTHp.p r. ,...... — ..a. • o�gOFFO[,(c • ELIZABETH A.NEVILLX hQ � Town Hall,53095 Main Road . TOWN CLERK P.O.Boa 1179 : REGISTRAR OF VITAL STATISTICS A� Southold, New York 11971 MARRIAGE OFFICER Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone(631)766-1800 FREEDOM OF INFORMATION OFFICER- 41 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Town Planner Valerie Scopaz Town Attorney Gregory F. Yakaboski From: Town Clerk Elizabeth A.Neville Re: Request for waiver to moratorium by Abigail Rickham on behalf of Michael Kaloski Amended application SCTM#1000-10244.2 Date: August 29,2003 Transmitted is an amended application for a request for waiver on moratorium with reference to Minor Subdivision application of Michael Kaloski,SCTM#1000-1024-6.2 Please commence the review proceedings on this application and send me your recommendations in writing. Thank you. o p, Zve LAW OFFICES WICKHAM, BRESSLER, GORDON $ GEASA, P.c. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER WILLIAM WICKHAM (06-02) ABIGAIL A.WICKHAM NEW YORK 11952 LYNNE M.GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE III WWblBW@80.00171 MELVILLE,NEW YORK 11747 631-249-9480 TELEFAX NO, 631-249-9484 August 28, 2003 Town Board, Town of Southold RECEIVED Post Office Box 1179 53095 Main Road Southold,New York 11971 AUG 2 9 2003 Re: MICHAEL KALOSKI Alvah's Lane, Cutchogue, NY 11935 Southold Torre Clerk SCTM#1000-102-4-6.2 Gentlemen/Ladies: We represent Michael Kaloski and his daughter, Lorraine Simon, who own a 7.8 acre single and separate vacant parcel at the above location. We request a waiver from the current moratorium on subdivisions so that they may proceed with a two lot minor subdivision to divide a the 7.8 acre parcel into two lots. We enclose a map proposing a fairly equal division, but the exact size of the two lots will be determined after review by the Planning Board. The application fee of$250.00 is enclosed. If Mr. Kaloski is not allowed to proceed with the subdivision because of the moratorium, he will encounter the following hardships: 1. DE FACTO 8 ACRE ZONING. The lot contains 339,256.55 square feet, which equals 8.48 "acres" under the Zoning Code. If subdivision is not permitted,there will be a single lot of 8 acres which cannot be subdivided, and since the lot is elongated and wraps around an existing residence parcel, it is of an ungainly size and shape to constititute an "Estate" property. 2. FINANCIAL HARDSHIP. The difference in value between the one irregularly shaped single lot and two single lots in considerable. The difference is a severe and unfair financial hardship to the Kaloski's and deprives them of a significant amount of value unnecessarily. 3. FAMILY CARE: Mr. Kaloski and his wife, who live in the adjoining residence, are in their mid-HO's and require additional care in order to avoid institutionalization in the foreseeable future. Their residence is too small for live-in help, and their daughter, Lorraine Simon, intends to relocate and build a house on one of the proposed lots. If the property cannot be subdivided, she will have to incur significant additional expense, to 0 acquire the entire parcel rather than just the one lot. Given the current health and age of the Kaloski's, a delay in Ms. Simon's relocation plans until the conclusion of the moratorium would be a severe hardship. As an alternative argument, we believe,this subdivision proposal clearly falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002. It qualifies as a Set-Off which meets the definition of Section A106-13 of the Southold Town Code. However, the Planning Board issued a policy on set-offs in which set-offs will only be considered as such if a residence is being set off from a vacant parcel. This is not a part of the Zoning Code, but the Planning Board has held to their policy,requiring that we seek a waiver from the Town Board from the moratorium. The proposed lot division will not adversely affect the concerns for which the moratorium was instituted. The property contains no significant farmland. There are three small, noncontiguous garden parcels which are not large enough to support a farming operation. The largest parcel in the rear, is not viable farmland because of the shade and birds from the trees and the close proximity of the neighboring houses, shown on the attached tax map as 'X"'s. It is located in an area where the proposed lots will not disrupt vistas, as there are several houses close to the road which are already built. It is not large enough to be a"conservation subdivision". There is sufficient area under current zoning to create four lots, absent the moratorium, and the owner is voluntarily reducing that density by 50%. The Kaloski family has already sold the development rights to 37 acres of farmland which were a part of this original farm. This application differs from the prior request in that the current request does not include a lot line change request for the residence. We ask for your prompt and careful consideration of this situation. Please refer this matter to the Planning Board. Very truly yours, #AA�. Wickham AAW/lb 30/shdtbwai cc: Planning Board Michael Kaloski Pat Finnegan, Town Attorney . Town Of Southold • P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 08/29/03 Receipt#: 10012 Transaction(s): Subtotal 1 Moratorium Waiver $250.00 Check#: 10012 Total Paid: $250.00 Name: Kaloski, Michael Alvah's Lane Cutchogue, NY 11935 Clerk ID: LYNDAB Internal ID:81647 Secy-tom IOZ a'v" J :�iar �mmins •09 ' r �. IK W1W � 1lE WIOI —� � y( • WF60rS e 9a• 4+$ '� ♦ A O �1aP Al 4 rW sa.io � J3 5 Q Jg a b® + a� a� ♦ $ � ♦ P sv R �, a' • _ yt, • ,d"d y ♦j/ q ♦ a a . u ,� '°V ♦ d a p ♦ J auR A A w . O ♦ ♦s ♦ .R zvn � �'L/ '4 6 oa • ♦ 'p ? A s am rfW ��� 9 � + ♦ a 9 gl .w vu.xd �r�c l�W ®' ayi+ e y ♦• 00 � ^ . sNi. uc um— u[ •• — — �zu •••` —©.... • •••••— •• .W. " 5..a. MTM COIMTY OF SIFFOLKAQ .. mWr SWMOID imembim • • RESIDENCE • VACANT N/F ANDREW C. AND ANDREW T. FOHRKOLB P. 0. -BOX 106 N/F CLIFFORD AND REGAN BA-, N/F ANDREW C. AND ANDREW T. FOHRKOLB MATTITUCK, N.Y. 11952 1855 ALVAH'S LANE P. 0. BOX 106 CUTCHOGUE, N.Y. MATTITUCK, N.Y. 11952 1000-102-04-5.5 1000-102-04-6.1 2D7 1000-102-04-5.4 0 WELL FOUND CONC. MON. SET N 4.1 , E 0.2' STAKE 52 S 47'2520"E 136.26' 706.98' 0.22_.— S 47'25'20"E 136.26 S 49*04'29"E I_ _— ,� _I / (PROPOSED PROPERTY LINE) __r�' (PROPOSED PROPERTY LINE) 437.08' i 1.7' i moi• ��i- -\ /� i' i / a ro N X.0 / pj 'COQ POE r` \\ // O/ _ -�'' '' / /' \\ // Y I 0jI, PQ_ - -_ 34.0 QO \\j/ \\ / /- _-- —l/ TREELI _ titi / 30.0 O� TREELINE 0 0 11 24.0 ---�\ i //i- 22.0 26.0 / 26.0 -------- -24.0 .._ / / /� -' 30.0 N 47'08'40"W 150.00' 28.0 26.0 � x / \ � 25.0' 32.0 I} IRE 0 / OCESSPOOL O _X ' xFE \\ �� '� 00 00 p LXJENCLOSBe 2 ' _ _ _ _ 30 > O I N/F P// / � 280 ' �' ---- 0 TM 1000-102-04-07.1 tr) L0 O 34.0 _-��/// / TREELINE � 160C / 05�0/O/ / //moi / � // 300 �/ / / _-_- �\ 3q i ---_-_-� WATER/PIPE °�/ ��' 32A //� �-----_-- ° w N/F KALOSKI w w I I 1 1 o cE_ // �� O O ..+s 1 ----- 34.0 / I // // // i'/ // p0 ' / N N 'O I �'' / \ \ Ln 26.0 --� ' �/ / 9 � N I \_.-�'' / \ N /•�\ •y6� I �_- 36.0 ---/ \ to 1O'-04-5.3 N/F ANDREW C. AN NDREW T. FOHRKOLB P. 0. BOX 106 N/F CLIFF( 16 P. 0. BOX 706 MATTITUCK, N.*1952 7855 ALVAI MATTITUCK, N.Y. 71952 1000-102-04-5.5 CUTCHOGUE /F RICHARD REINHARDT 1000-102-04-5.4 o WELL 7000-102 1535 MAIN ROAD FOUND CONC. MON. \TTITUCK, N.Y. 11952 N 4,1', E 0.2' 706.98' S 47'25'20"E 1 S 49'04'29"E 0.22:_---- S/47'25'20"E 1 /' (PROPOSED PROPERTY LINE) 437.08' _--' -- ' (PROPOSED PROPERTY LINE) • PIPE ._-- \\/' /� FOUND -- _'' 0 '� _ --_-_ 26.0 260 34.0 5.7' TREELI 20 2.0 30.0 \ ?80 '� I \\ \\\\�4 �/ / / ----------- \\\ /'/ TREELINE 24.0 '--\ I �— 22.0 26.0 24.0 26.0 . // / �--"----� 30.0 \\\ \\ //' 2s.o �/ / N 47'08 40"W 150.00' r-x�\ `\ / 28.0 / x xL \ / / ��/ ----_--- CESSPOOL. 32.0 'xrWIREF-ENIZ \ \---/ / �Op- i /. 26.0 �// _ -- -- - -- - 30 O O O (0 Lx.-IIENCLOSEe 26- _ TM 1000-102-04-07.1 0 h 34.0 \\ /yF,ppj// �30� ///'/ TREELINE 34 ( 1 -----� WATER/PIPE S2� ' //--------�` .0 N/F KALOSKI W W LJ •\ \\ //E%,c�- - -' / // 3a� / /� O O o 'frn I __ 34.0 26.0 NCS\ \/ / N N N O I I / STS O / /�/ X36/ \\ / \X \ \ ry6 / // ' / /' / 36.0 - -- \ L0 n Lr) I 'E FOUr�\/ \ \\ 28.0 $0' ---__' � �' // 38.0 N N N _----_-'_---- -� oweu a' v ,--- --- ---- 38.0 - / (PROPOSED PROPERTY LINE) 479.78' \ /// Z z Z / -_ / \� '/UTIL 1 ' N 4708`40"W UTIL 1 \— PIPE '� N 4708'40"W(PROPOSED PROPERTY UNE) 256.00 ' UTIL 479.78' FOUND UTIL ' UTIL POLE - PIPE N/47'08'40"W DRAINAGE -_ POLES POLE \ POLE POLE FOUND UTIL' 256 PIPE 1 POLE I. A T T7 A Y r l l MT o�OgUFFO(,�co �� ELIZABETH A.NEVILLE h`2` Gy Town Hall, 5 n Road TOWN CLERK C P.O. Box 1179 Z REGISTRAR OF VITAL STATISTICS Southold, New York 11971v. T MARRIAGE OFFICER Oy �� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICERTeleP hone (631) 765-1800 FREEDOM OF INFORMATION OFFICER O'� �'� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Town Planner Valerie Scopaz Town Attorney Gregory F.Yakaboski From: Town Clerk Elizabeth A.Neville Re: Request for waiver to moratorium by Abigail Wickham on behalf of Michael Kaloski Amended application SCTM#1000-102-4-6.2 Date: August 29,2003 Transmitted is an amended application for a request for waiver on moratorium with reference to Minor Subdivision application of Michael Kaloski, SCTM#1000-102-4-6.2 Please commence the review proceedings on this application and send me your recommendations in writing. Thank you. D AUG 2 12o03 D Planni sure LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.c. 13015 MAIN ROAD, P.O. BOX 1424 ERIC J.BRESSLER MATTILONG ISLAND WILLIAM WICKHAM (06-02) ABIGAIL A.WICKHAM NEWEWY YORK 11952 _ LYNNE M.GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE III WWb18WQ801.00(fl MELVILLE,NEW YORK 11747 631-249-9480 TELEFAX NO.631-249-9484 August 28, 2003 Town Board,Town of Southold RECEIVED Post Office Box 1179 53095 Main Road Southold,New York 11971 AUG 2 9 2003 Re: MICHAEL KALOSKI Alvah's Lane,Cutchogue,NY 11935 Soefkold Town Clerk SCTM#1000-1024-6.2 Gentlemen/Ladies: We represent Michael Kaloski and his daughter, Lorraine Simon,who own a 7.8 acre single and separate vacant parcel at the above location. We request a waiver from the current moratorium on subdivisions so that they may proceed with a two lot minor subdivision to divide a the 7.8 acre parcel into two lots. We enclose a map proposing a fairly equal division,but the exact size of the two lots will be determined after review by the Planning Board. The application fee of$250.00 is enclosed. If Mr. Kaloski is not allowed to proceed with the subdivision because of the moratorium,he will encounter the following hardships: 1. DE FACTO 8 ACRE ZONING. The lot contains 339,256.55 square feet,which equals 8.48 "acres"under the Zoning Code. If subdivision is not permitted,there will be a single lot of 8 acres which cannot be subdivided,and since the lot is elongated and wraps around an existing residence parcel, it is of an ungainly size and shape to constititute an "Estate"property. 2. FINANCIAL HARDSHIP. The difference in value between the one irregularly shaped single lot and two single lots in considerable. The difference is a severe and unfair financial hardship to the Kaloski's and deprives them of a significant amount of value unnecessarily. 3. FAMILY CARE: Mr. Kaloski and his wife, who live in the adjoining residence, are in their midd-80's and require additional care in order to avoid institutionalization in the foreseeable future. Their residence is too small for live-in help, and their daughter, Lorraine Simon, intends to relocate and build a house on one of the proposed lots. If the property cannot be subdivided, she will have to incur significant additional expense, to acquire the entire parcel rather than just the one lot. Given the current health and age of the Kaloski's,a delay in Ms. Simon's relocation plans until the conclusion of the moratorium would be a severe hardship. As an alternative argument, we believe,this subdivision proposal clearly falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002. It qualifies as a Set-Off which meets the definition of Section A106-13 of the Southold Town Code. However, the Planning Board issued a policy on set-offs in which set-offs will only be considered as such if a residence is being set off from a vacant parcel. This is not a part of the Zoning Code,but the Planning Board has held to their policy, requiring that we seek a waiver from the Town Board from the moratorium. The proposed lot division will not adversely affect the concerns for which the moratorium was instituted. The property contains no significant farmland. There are three small, noncontiguous garden parcels which are not large enough to support a farming operation. The largest parcel in the rear, is not viable farmland because of the shade and birds from the trees and the close proximity of the neighboring houses, shown on the attached tax map as 'X's. It is located in an area where the proposed lots will not disrupt vistas, as there are several houses close to the road which are already built. It is not large enough to be a"conservation subdivision". There is sufficient area under current zoning to create four lots, absent the moratorium, and the owner is voluntarily reducing that density by 50%. The Kaloski family has already sold the development rights to 37 acres of farmland which were a part of this original farm. This application differs from the prior request in that the current request does not include a lot line change request for the residence. We ask for your prompt and careful consideration of this situation. Please refer this matter to the Planning Board. Very truly yours, OAA�.. ickham AAW/lb 30/shdtbwai cc: Planning Board Michael Kaloski Pal Finnegan, Town Attorney • Town Of Southold • P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 08/29/03 Receipt#: 10012 Transaction(s): Subtotal 1 Moratorium Waiver $250.00 Check#: 10012 Total Paid: $250.00 Name: Kaloski, Michael Alvah's Lane Cutchogue, NY 11935 Clerk ID: LYNDAB Intemal ID:81647 Secy-tom IOZ � l P .i J t II 1 roar �' r tar ill -iP0 �• ar 1oJ 116 --� . •. ' mx a rinse rsw .� n.•. �, a a ....fir. a'� d off. va � 9 '� Fy e .9J• '� aft ' a O2 t� '. B , as J '� Q mean v assn «.iD JJ. 9 Jf Hasa '3 • � �� , s O r r � d x e an naeoxu + •O P, • , + r .um . a ii `O�t' g y r I rw_a 3 rs¢n sw�u as S • O' • au WaN • �� a � a .� Sff�KW � Y ._ v, mi _ © -r• .-- _ __ w .:"� wra C"TY OF SUFFOLK ® y Swtm . ..., 16d R'ope[y Tmc Servke.AQ�.7 4 LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM MELVILLE OFFICE LYNNE M.GORDON JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD SUITE III TELEFAX NO. 631-298-8565 MELVILLE,NEW YORK 11747 wwblaw@aol.com — 631-249-9480 TELEFAX NO.631-249-9484 August 28, 2003 Town Board, Town of Southold Post Office Box 1179 53095 Main Road Southold,New York 11971 D D Re: MICHAEL KALOSKI SEP — 4 MM Alvah's Lane, Cutchogue,NY 11935 SCTM#1000-102-4-6.2 Eouthom toad Plannin Board Gentlemen/Ladies: We represent Michael Kaloski and his daughter, Lorraine Simon,who own a 7.8 acre single and separate vacant parcel at the above location. We request a waiver from the current moratorium on subdivisions so that they may proceed with a two lot minor subdivision to divide a the 7.8 acre parcel into two lots. We enclose a map proposing a fairly equal division,but the exact size of the two lots will be determined after review by the Planning Board. The application fee of$250.00 is enclosed. If Mr. Kaloski is not allowed to proceed with the subdivision because of the moratorium,he will encounter the following hardships: 1. DE FACTO 8 ACRE ZONING. The lot contains 339,256.55 square feet,which equals 8.48 "acres"under the Zoning Code. If subdivision is not permitted,there will be a single lot of 8 acres which cannot be subdivided,and since the lot is elongated and wraps around an existing residence parcel, it is of an ungainly size and shape to constititute an"Estate"property. 2. FINANCIAL HARDSHIP. The difference in value between the one irregularly shaped single lot and two single lots in considerable. The difference is a severe and unfair financial hardship to the Kaloski's and deprives them of a significant amount of value unnecessarily. 3. FAMILY CARE_ Mr. Kaloski and his wife,who live in the adjoining residence, are in their mid-80's and require additional care in order to avoid institutionalization in the foreseeable future. Their residence is too small for live-in help,and their daughter, Lorraine Simon, intends to relocate and build a house on one of the proposed lots. If the property cannot be subdivided, she will have to incur significant additional expense,to acquire the entire parcel rather than just the one lot. Given the current health and age of the Kaloski's, a delay in Ms. Simon's relocation plans until the conclusion of the moratorium would be a severe hardship. As an alternative argument,we believe,this subdivision proposal clearly falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002. It qualifies as a Set-Off which meets the definition of Section A106-13 of the Southold Town Code. However, the Planning Board issued a policy on set-offs in which set-offs will only be considered as such if a residence is being setoff from a vacant parcel. This is nota part of the Zoning Code,but the Planning Board has held to their policy, requiring that we seek a waiver from the Town Board from the moratorium. The proposed lot division will not adversely affect the concerns for which the moratorium was instituted. The property contains no significant farmland. There are three small, noncontiguous garden parcels which are not large enough to support a farming operation. The largest parcel in the rear, is not viable farmland because of the shade and birds from the trees and the close proximity of the neighboring houses, shown on the attached tax map as'X's- It is located in an area where the proposed lots will not disrupt vistas, as there are several houses close to the road which are already built. It is not large enough to be a"conservation subdivision". There is sufficient area under current zoning to create four lots, absent the moratorium,and the owner is voluntarily reducing that density by 50%. The Kaloski family has already sold the development rights to 37 acres of farmland which were a part of this original farm. This application differs from the prior request in that the current request does not include a lot line change request for the residence. We ask for your prompt and careful consideration of this situation. Please refer this matter to the Planning Board. Very truly yours, A A. rW ckham AAW/Ib 30/shdtbwai cc: Planning Board Michael Kaloski Pat Finnegan, Town Attorney • PLANNING BOARD MEMBERS $UFFO(,rc BENNETT ORLOWSKI,JR. �� P.O. Box 1179 Chairman Town Hall,53095 State Route 25 RICHARD CAGGIANO y, Southold,New York 11971-0959 WILLIAM Telephone(631) 765-1938 J. NNETH L EDWARD3 y��� � Fax(631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Neville Town Clerk From: Bennett Orlowski, Chairman Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Minor Subdivision of Kaloski SCTM# 1000-102-4-6.2 and SCTM# 1000- 102-4- 7.1 Date: November 17, 2002 This proposal to subdivide is in the conceptual planning stage. No application has been made. The applicant is seeking a decision on whether the concept plan would qualify as exempt from the Temporary Moratorium as referenced above. In this memo, the Planning Board will only address this request in the context of land use planning; the consideration of and any comment upon any other reasons as stated, are beyond the scope of this review. The proposed action involves the subdividing of a 7.788 acre Parcel (SCTM# 1000-102-4-6.2) into two lots (Lots 1 and 2): one flag lot and the residual lot. In addition, a lot-line change is also proposed for a current single and separate improved Lot 3 (SCTM# 1000-102-4-7.1) equal to .516 acres. The action would ultimately create one new building lot, a residual building lot and the enlargement of the single and separate improved lot to a more conforming lot size. On October 28 and November 4, 2002 the Planning Board met with the applicant to discuss the application type and whether it would be exempt from the moratorium. The application would only qualify as exempt if the application was a true set-off and/or combination lot line application. Due to the fact that the lot proposed as a set-off is unimproved, The Planning Board ruled that the application does not qualify as a set-off and therefore is a minor subdivision. The parcel is located on Alvah's Lane, No Main Road NYS 25 and s/o Middle Road CR 48 in Cutchogue. Lot 2 is proposed as a clustered 1 acre flag lot. Lot 1 is proposed as 6.38 + acres with a building envelope to support a residence and agricultural structures and Lot 3, subsequent to the lot line change would equal approximately 1 acre (See attached plan). All the lots are intended for residential/agricultural use or a combination thereof. The proposed project will utilize private wells and sanitary systems within individual lots. The parcel is zoned A-C. The Parcel is primarily in agriculture with wooded areas following steep slope contours in the center of the property. Site topography on the Parcel limits the use of the entire parcel for agriculture. A single -family residence occupies Lot 3. The proposed lot design would create an agricultural easement area on Lot 1, a residence upon Lot 2 and a mixed residential/ agricultural use on Lot 3. The Planning Board makes a recommendation that the Town Board grant the request of waiver for the application. This decision is based upon the consideration of the following: 1. The historic land preservation actions of the family in 1999. The Town purchased development rights on what was known as 109-1-24.1 (now known as 109-1-24.4) equal to 34.25 acres. In addition, the Town also purchased development rights on 102-4-6.1 equal to 22.75 acres. In total the Kaloski family sold development rights on 57 acres. This action fully supports the comprehensive planning goals of the Town of Southold. 2. The granting of the waiver would create only one new building lot above and beyond the current number of existing building lots. 1. This proposed action would not significantly impact open and recreational space. The proposed lots for parcel one, will potentially result in approximately 5 acres of valuable residual open space and where topography permits, a potential agricultural easement area/reserve. 2. Rural Character—As indicated above, this proposed action would increase the number of building lots on the subject property by one, resulting in the potential of two new residential structures. Although the Planning Board recognizes that all new construction affects the rural quality of the landscape, this proposed yield is significantly less than the allowable yield for the property within the A-C zoning district. 3. Following the clustering of the proposed newly created lots, and the lot line change to enlarge Lot 3 to 1 acre, the proposed lots will be comparable in size to the surrounding residential lots to the north, east and general area. The Town of Southold owns the development rights on the properties to the southeast and northwest adjacent to Parcel and on the property across Alvah's Lane to the west. 4. It is the Planning Board's position that due to the mixed land cover of agriculture and woodlands on site, scenic impacts could be minimized through good site design through clustering of the lots, creating a one acre building envelope on Lot 1, establishing limits of clearing on the slopes and non-agricultural lands, utilizing existing vegetative buffers and encouraging active agricultural fields adjacent to public right of ways. This proposed action would not significantly impact open and recreational space or rural quality. 5. The Parcel is listed on the inventory list of the Southold Town Farm and Farmland Protection Strategy. The Planning Board recognizes that approval of this action would contribute to the cumulative loss of agriculture with the creation of the two lots. However, on Lot 1 (currently 7.33 acres) approximately 70 % of the acreage would remain in an agricultural use where the topography permits. Note that the lot line change would transfer approximately .50 acres to Lot 3, however, the agricultural use of the land area transferred would not cease. Based upon such, the creation of Lot 2 and the building envelope on Lot 1 will not significantly affect the current agricultural land use. 6. The proposed water source is proposed as private wells, therefore, the proposal is not expected to have a significant impact on the water supply. 7. Site topography of parcel one constricts the use of the area for agriculture and site development. The center of the property is sloped, the wooded areas occupy the natural slopes. No wetlands exist on-site. Two letters outlining supporting, additional reasons dated October 11, 2002 and November 1, 2002 are attached for your consideration. If you have any further questions please do not hesitate to contact Mr. Mark Terry of our office. Enc. LAW OFFICES WICKHAM, WICKHAM&BRESSLER,P.C. 10315 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON - MELVILLE, N.Y. 11747 JANET GEASA 631-298-8353 TELEFAX NO.631-298-8353 631-249-9480 WILLLIAM WICKHAM(06-02) FAX NO.631-249-9484 October 11, 2002 Town Board, Town of Southold Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Michael and Irene Kaloski �$ Alvah's Lane, Cutchogue,N.Y. 11935 SCTM#1000-102-04-6.2/7.1 Sou* Wlb" r Gentlemen: aMrd— We represent Michael and Irene Kaloski, who own a residence in joint names on Alvah's Lane, Cutchogue, N.Y. which is located on a one-half acre lot. Mike Kaloski owns 7.8 acres of vacant adjoining land. We request a waiver from the current moratorium on subdivisions so that the Kaloski's may increase their half acre residence lot to 3 acres, and divide the remainder of Mr. Kaloskis's property into two lots, 2 acres and 3.3 acres respectively. We enclose a check in the sum of$250.00 for the application fee. This subdivision proposal clearly falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002. It is a Set-Off which meets the definition of Section A106-13 of the Southold Town Code. However, the Planning Board very recently issued a policy on set-offs in which set-offs will only be considered as such if a residence is being set off from a vacant parcel. This is not a part of the Zoning Code, but the Planning Board has requested that we seek a waiver from the Town Board from the moratorium in light of their policy. Under the current 2 acre zoning, the Kaloski's could retain their residence on one-half acre and divide the larger parcel into four building lots, for a total density of five. They have proposed to divide the property into a total density of only two, rather than four, lots so they may have one property for each of their three children: two lots and the residence parcel. The small size of the parcel renders the factors which are being considered for possible upzoning or other density-reduction/open space measures inappropriate to this case. The proposed lot division will not adversely affect the concerns for which the moratorium was instituted. The property is not large enough to support farming,and is located in an area where the proposed large lots will not disrupt vistas. It is not large enough to consider a"conservation subdivision", and the owner has voluntarily reduced density by 50%. A very small residential parcel is being increased to 6 times its current size. You may also recall that the Kaloski family sold the development rights to two farm parcels recently,preserving 57 acres of active farmland with extended road frontage, and reserving only the parcel on which the house and barns were already located. No farmland was reserved for an additional house site. We believe the Kaloski's should be exempted from the moratorium, or they will suffer an extraordinary hardship in losing the right to subdivide an 8 acre parcel which is not configured so as to provide viable farming or open space opportunities. We ask for your prompt and careful consideration of this situation. Very truly yours, ,go6),A Abigail A. Wickham AAW/Ib 30/shdtnbrd cc: Planning Board Michael Kaloski ___ _ .._. _. .. . _.. .. _... __.. .._ .. ... .. . . ... _ _. __ . ... .. . NOV-a-2002 01:47F FROti: • - 0:7653136 P:1/2 Su J,5 F' yrj lI LAW OFFIG6S rj WICKHAM, WICKHAM a BRESSLER, P.C. 10315 MAIN ROAD,P.O. BOX 1424 WILLIAM WICKHAM MA771TVCIC LONG ISLAND MELVILL[OIF1E[ CRIC J.BRCSSLCR NCW MONK 11962 275 BROAD Hot t OW ROAD AO10AILA WICKHAM —'— SuIrFIn LYNNE M.GORDON 031-2913.8083 MEWILLE,NTMI YORK 11747 TELEFAX NO.631-29A-8863 631-�49 R4130 JANET aEA:A November 1,2002 TELEFAX NO.631--249.9404 Planning Board Town of Southold 53095 Main Pi.Md Southold, New York 11971 � rA' Re: Michael and Irene Kaloski Alvah's Lane,Cutchugue,N.Y. NOV — b LuM- SCTM#lOW102-04-G.2l7.1 cicntlemen. jSOUfiholtIT0Wn . planpina We would like to address your Board regarding the request £or a recommendation to the Town Board for a waiver f.•om the subdivision moratorium in order that the Kaloskis may divide a 7.8 acre vacant parcel into two lots. This request is based on the following extraordinary bardships: • Health Concern.The Katoski's age and health require,unti>rtunatcly,that they immediately pursue a long term care plan. Their daughter,lorry,and her husband, a physician,are retiring, mid in April of this year started making plans to build a house un a portion of the property so they could be near her parents to care for them. if time property cannot be divided now,they will not be able to know where to locate their home because they will not know the future lot line possibilities. Givcu the time it now takes to obtain a subdivision and build a. house, an additional delay 1rotn the current moratorium and a pussible, perhaps probable, extension, will cause an extraordinary hardship to the Kaloskis, whose family care plan needs in be implemented now. • Financial hardship. The request is for 2 lots rather than the permitted [bur,which is a voluntary reduction of 50%density. If this subdivision cannot proceed, the Kaloskis may, in the event of an upxonvtig, lose even the ability to have two lots, which would be a 100%reduction in density. Given the long, narrow shape of the property with the Kaloski's residence in the middle, it would be a very ungainly single lot, While they are willing to sacrifice 50%of the value by voluntarily redscing density by hull,they should not have to lose all ability to divide the property. They are willing to reduce to two lots because, for estate planning, they would like to leave one lot(including the existing residence lut) to each of their three- children. Ii0V-4-2002 01:47P FROM: TO:7653136 Pi2�2 r Planning Roam -2- November 1,2002 • Property is not viable farmland. The property is less than 10 acres, and ihcrc arc no areas of farmland on the property large enough to support an agricultural operation. The largest area,in the rear,is narrow and besieged with deer,birds, other predators,and extensive shade,and it abuts a residential area to the East nlong its entire length 'l'he entire center portion of the property contains a significant wooded slope. The whole parcel is only 7.8 acres in size. • Open space views would not be affected. Given two lots,one residence would be built in the roar,so road visibility would not be affected, and the other residence, if built by the road. would be between two existing homes. • Public benefits. Ali existing hal f ucre residence parcel would be increased to well over currenL Ynning arcs:3 acres. Density reduction will be implemented. No wellands proximity is involved. • Previous contribution to Development Rights Program. The development rights to the Kdloski farmland were previomly sold to the Town of Southold,including two very lengthy sections of road frontage,with no reserved vacant parcels. Those proceeds were divided among six brothers and sisters. Mr. Kaloski's parents had set aside this 7.9 acre parcel for him, the only child who stayed on the family farm. Because of his family heritage and land preservation intentions,he wants to limit division of the only remaining Kaloski larm patrol to provide enough parcels thr his children and no more. The remainder of the fannland on the fumily farm has already been protected. The general Intent of the moratorium was to sluw the process of dividing large tracts of farmland and open sprue while methods of land preservation were explored. The Kaloskis will be tunable to sell development rights or employ a RID method on this size pruperty. The minimum development rights sale is i0 aches. Ivleanwhile, others are building on existing lots of less than one acre. Fairness diclates that a parcel of this size, with the hardship,;described above and the vuluntary 50%density reduction,lie excused from the moratorium. Thank you fnr your consideration. Very truly yours, AAWldm Abigail A. Wickham 30hhdFbwoi cc' Michw]Keloxki i >a � y x a {3�a~ k5 i7 e 3 N a .G { ''" x5�+q f r i#, an ,+• e •`.3 aM>, sa ,,;at4.t7 .`ry ^° y �4 iv.j.�� �� '� ••� 'ye4 '�`��ii to m ., dbS' 'yi �' y +dn to ��'��i„ Qny oe e "tit "m r at 4 9 ., rc -,.. a i, ,c.'ism•._ � `,,.,,� '+ .fit ' M` . ku;too k �"" NOU-6-2002 03:36P FROM: 70:7653136 P:1�3 49 V 6vt-4- WICKIIAM,WICKiiAM&13RESSLL'R,P-C- p,0. Box 1424, 10315 Main Road,Mattiluck,Nuw York 11952 �y1 Phone(611)298-8353 Fax(631)2984565 To:� J1 LSL'L-rL� �(� - From: ��U. t ce' a_jL,,n Ra: G10--Lkl — Includes:_��✓ �-ou??'� r'��������� �dLA . DOW—, ''- -#of pages including cover sheet: � This m transission contains information confidential and/or legally privileged. It is intended for USC only by the person to whom it is diroced. if you have received this toleeopy in error,please untify us by lclaphone immediately so that we can arrange for the rchnm of the documents to USat no uost to you. if you do not receive all of the pages indicated,please call as 90011 as possible at the number referenced above. 1100-6-20132 03:37P FPDr.: TO:7653136 P:3�3 LAW ON ICES W C.KHAM,WICKHAM& BRESSLER,P.C. 10.115 MAIN ROAD, P.() BOX 1424 MAT'l l i tiCK.LONG ISLAND kuLVILLE 0I+1CF. ERF 1.BBESSi ElkNFW yoluC 11952 275 BROAD HOLT OW RD SI)ITF. I I I AHIGAIL A WTCKHAM MELVIL.LE. N.Y. 11747 I.Yr4NE M.CORDON �- IANLI'(iF.ASA G;1-:99.835} IF.LEPAt NO.631-298•9565 6.;1-240-9480 WII.LLIAM W'SCKHAM(064)2) FAX NO. 6!1-24Y-9494 Nuvcmher 6,2002 Town Roard.Town of Southold post office 13ox 1179 53095 Main Koad R1/utheld, . ow- York 11971 Re: Michael and Irene Kaloski Alvah'S Lane, Lutehague,N.Y. 11935 SCTM 81000-102-U4-6-V7.1 Gctltlemen: Ua October 11,2002,1 sent you an aPPlieauon I'm a waiver lions the moratorium so that the Kaloskis can pursue atwo lot minor subdivision on Tax Lot 7.1,as described in that letter. While we have discussed this matter on several occwiuns with the Planning Board,they have not yet bow asked by Your Board for a recommendation. As we are at xious to have you consider the matter,please request their recommendation as required by the Appeal Procedure under Local Law 3!2002.. Thank you for your consideration. Very Uyly yours, t ' bigail A. Wickham AAWAb 30/shdtbrdk cc: Planning Board Michael Kaloski (k*,g Yakaboski,Esq. 44 T O a NRWCLdp ',ryT p/ r IME S-04W/6 a.Y{,.. t 1 ! r {ayir4W VU ri�UV.Y�Vl1PS 410 b •2 • TMN 6 S*1ntlL Ll y OA .w y {7n R/q.110. b 7< VA I S T4Ll 1D. Q , ® } e14 /E A INC ` " 61 Q17 fA 2220f • sa . 1C AI carni sm SEC-ILL" � " _ Im"A rvw'1-cw= IV.=I-I rmA-1; IU: fbD117C3 I':ele nr� LAW OF'FHTS WiCKHAM, WICKHAM&BRESSLER, P.C. 10315 MAIN ROAD, P.O.nOk 1424 MATTITUCK,LUNG ISLAND MF1 v1LLr OFFT('F'. ERICL MUM ER NEW YORK 11952 275BROAD RULLOW ItD ABIGAIL A.W ICYJ IAM QUITE 1 I I LYNNE M.00 DON JANI,TGEA$ ---611-298-8353 MF:Lv1LLE, N.Y 11747 I ELEFAX NO 631-298-8565 6:11-219-948n WI1.1.1.IAM W 7KHAM(06-02) FAX NO.631-249.94R4 November 0, 2002 Town Board Town of Southold Post 0111ce I lox 1179 53095 Main.Road Southold, No w York 11971 Re: Michael and lzene Kaluski Alvah's Lane, Cutehngue.N.Y. 11935 S CTM#1000-102-04-6.2/7.1 Gentkrnen: On Octob r 11, 2002, I scat you an apPlieauon for a waiver from the moratorium u, that the Kalu leis can pursue a two lot minor subdivision on Tax Lot 7.1, as described in that letter, A hile we have discussed this matter on several occasions with the Planning Board, they ve not yet been asked by your Board 1'ur a recominendatinn. As we are anxious to ha ie you consider the matter, please request their recommendation ar required by the Appea Procedure under Local Law.3/2002. Thank yofor your consideration. Very ly yours, � ���" . AAW/lb /bigVailA. Wickham 30/shdtbrdk cc: planning oard Michael K 11clski fires Yak oski,Esq. V f-d4W ltd:b9H FROM: M:765182:3 P:1/2 WICKVbk WICK1iAM 8c IIKLSSI.F.R,P.C. • P.O. Box 1424, 10315 Main Road,Mattituck,Now York 11952 Phone(631)298-8353 —Fax(631)298-8565 To: d0 _ a��ei'�� Fax No.: From:_ CC��is� Re: Includes;— Date:. 27. . ncludes;—Dale: . Y 4 of Pages including cover sheet:�This transmission con s information confidential and/or legally privileged. It is intended for use only by the person 13 whom it is directed. if you have received this telecnpy in error,please notify us by telephone i nmedistely so that we can arrange for the return of the documents to us at no cost to you. if yol I do not receive all of the pages indicated,please call as soon as possible at the number reference J above. NOO-4-2002 OL:4'F' FROri: 70:7653-_36 P:1'2 • Su,"5F' lYYl'1 LAW OFFICES 7T5 WICKHAM, WICKHAM & BRESSLER, P-C, 10315 MAIN ROAD,P.O. BOX 1424 MA711TUCK. I.ONG ISLAND MELVILLE OFFICE WILLIAM WICAHAM NEW YOFIK 11962 276 BROAD HOLLOW ROAD ERIC J.BRLSSLER 5uITF ul AOiGAILA WICKHAM 631-298.8953 MELVILLE,NM YORK 11747 LYNNE M.GORDON TELEFAX NO. 631.296.0565 6.11-i49 RAHC JANET aEA:A November 1,2002 TELEFAX N0.611-!49.9464 pldru,iug Board Town of Southold 53095 Main Road Southold.Now York 11971 I;J Re: Michael and Irene Kalosli — b Alvah's Lane,Cutchugue,N.Y. NOV sCTM#1OW102-04-6.2/7.1 TOW n 5authold� G;utlemen: Pl�nralni# - lrd we would like to address your Board regarding 00 request for a recommendation to the Tawn Board for a waiver from the subdivision moratorium in order that the Kaloskis may divide a 7,8 acre vacant parcel into two lots. This request is based on the following extraordinary hardships: • Health Concern. The Kaloski's age and hculth require,unfortunately,that they immediately pursue a long term circ plan. Their daughter,Lorry,and her husband, a physician, are retiring,olid in April of this year started making plans at build a house on a portion of the property so they could be near her parents to care for Them. If the property carutot be divided now,they will not be able to knnw whc-rc to locate their humc because they will not know the future lot line possibilities. Given the time it now tabes to obtain a sabdivisinn and build a house,en additional delay from.the current moratorium and a pusbiblc, perhaps probable, extension, will Cause an extraordinary hardship to the Kalnskis. whose fan.ily cure plait needs to he implemented now. • Financial hardship. The request is for 2 lots rather that,the permitted !bur,which IR d vvlumary reduction of 50%density. if this subdivision carmot proceed,the Kaloskis may, in the event of an upcOnit,g,lose even the ability to have two lots, which would be n 100°/5 reduction in density. Given the long, narrow shape of the property with the Kaloski's residence in the middle, it would be a very ungainly single lot. While they are willing to sncritice 50%of the value by vrrluutarily redLcing density by hall,they should not have to lose all ability to divide the property. They are willing to reduce to two lots beca"o,for estate planning, theY would like to leave one lot(including the existing residence lot)to each of their three children. ' h10U-4-2002 01:4-P FRUtI: T0:7653136 P:2,2 Planting Board 2- November 1,2002 • Property is not viable farmland. The property is less than 10 acres, and there are no areas of farmland on the property large enough to support an agricultural operation. The largest area, in the rear,is narrow and besieged with deer,birds, other predators,and extensive shade,and it abuts a residential arca to the East nlong its entire length. The entire center portion of the property contains a significant wooded slope. The whole parcel is only 7.8 acres in size. • Open space views would not be affected. Given two lots, one residence would be built in die rear, so road visibility would not be affected,and the other tcsidcnee, if built by the road. would be between two existing homes. • Public benefits. Pat existing hall'acre residence parcel would be increased to well over current zoning arca: 3 acres, Density reduction will be implemented. No wetlands proximity is involved. • Previous contribution to Development Rights Program, The development rights to the Kaloski farmland were previously sold to the l own of Southold,including two very lengthy sections of road frontage,with no reserved vacant parcels. Those proceeds wcrt divided among six brothers and sisters. Mr. Kaloski's parents had set aside this 7.8 acre parcel for him, the only child who stayed on the family Cann. Because of his family heritage and land preservation intentions,he wants to limit division of the only remaining Kaloski I'arm parcel to provide enough parcels thr his children and no more. Tltc remainder of rhe fm,rlwid nn the family farm has already been protected. The gencaal intent of the moratorium was to slow Lhk:process of dividing large tracts of farmland and open space while methods of land preservation were explored. The Kaloskis will be unable to sell development rights or employ a lull method on this size property. The minimun development rights sdlc is 10 acres. Meanwhile, others are building on existing lots of less tlma one acre- Fairness dictates that a parcel ul'this size. with the hardships described above and the voluntary 50%density reduction,he excused from the moratorium. '!'hank you for your consideration. Very truly yours, s� AAWrdrl Abigail A. Wickham 30hhdpbwni cc•Michael Kaluvki • - � � Sd,2,r= LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SUITE l 11 LYNNE M.GORDON ---- MELVILLE, N.Y. 11747 JANET GEASA 631-298-8353 --- TELEFAX NO.631-298-8353 631-249-9480 WILLLIAM WICKHAM(06-02) FAX NO.631-249-9484 October 11, 2002 Town Board, Town of Southold Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Michael and Irene Kaloski M u ve Alvah's Lane, Cutchogue,N.Y. 11935 SCTM#1000-102-04-6.2/7.1 $Ou*dd Town Gentlemen: PIoning QQtrd We represent Michael and Irene Kaloski,who own a residence in joint names on Alvah's Lane, Cutchogue,N.Y. which is located on a one-half acre lot. Mike Kaloski owns 7.8 acres of vacant adjoining land. We request a waiver from the current moratorium on subdivisions so that the Kaloski's may increase their half acre residence lot to 3 acres, and divide the remainder of Mr. Kaloskis's property into two lots, 2 acres and 3.3 acres respectively. We enclose a check in the sum of$250.00 for the application fee. This subdivision proposal clearly falls under Exclusion 2 of Section 4 of the Moratorium Local Law 3/2002. It is a Set-Off which meets the definition of Section A106-13 of the Southold Town Code. However, the Planning Board very recently issued a policy on set-offs in which set-offs will only be considered as such if a residence is being set off from a vacant parcel. This is not a part of the Zoning Code, but the Planning Board has requested that we seek a waiver from the Town Board from the moratorium in light of their policy. Under the current 2 acre zoning, the Kaloski's could retain their residence on one-half acre and divide the larger parcel into four building lots, for a total density of five. They have proposed to divide the property into a total density of only two, rather than four, lots so they may have one property for each of their three children: two lots and the residence parcel. The small size of the parcel renders the factors which are being considered for possible upzoning or other density-reduction/open space measures inappropriate to this case. The proposed lot division will not adversely affect the concerns for which the moratorium was instituted. The property is not large enough to support farming, and is located in an area where the proposed large lots will not disrupt vistas. It is not large enough to consider a"conservation subdivision", and the owner has voluntarily reduced density by 50%. Avery small residential parcel is being increased to 6 times its current size. You may also recall that the Kaloski family sold the development rights to two farm parcels recently, preserving 57 acres of active farmland with extended road frontage, and reserving only the parcel on which the house and barns were already located. No farmland was reserved for an additional house site. We believe the Kaloski's should be exempted from the moratorium, or they will suffer an extraordinary hardship in losing the right to subdivide an 8 acre parcel which is not configured so as to provide viable farming or open space opportunities. We ask for your prompt and careful consideration of this situation. Very truly yours, Aj 6),A."" Abigail A. Wickham AAW/lb 30/shdtnbrd cc: Plannin¢Board Michael Kaloski VS LAW OFFICES n77- WICKHAM, WICKHAM & BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM MATTITUCK, LONG ISLAND MELVILLE OFFICE ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO. 631-249-94B4 September 11, 2002 Attn: Mark Terry Southold Town Planning Board f—s Post Office Box 1179 �, , 61 53095 Main Road Southold,New York 11971 :s SEP i2011 Re: Property owned by Kaloski SCTM# 1000-102-4-6.2, 7.1 Dear Mark: J`Is�gCl111 The Kaloski family would like to make application for a lot line change/ set-off. Enclosed is a print of the survey outlining same. The Kaloski's own two separate parcels: a) Tax Lot 6.2, in joint names, contains their residence on .5 acres. b) Tax Lot 7.1, owned by Mike alone, is 7.8 acres in size and is vacant The Kaloski's residence is on a very small parcel, and they would like to make it considerably bigger—3 acres, by a lot line change. The remaining property would consist of a set off of 2 acres on the South from the remaining property, 3.3 acres. Thus, a 7.8 acre parcel will result in only two new building lots. You may recall that the Kaloski family recently sold the development rights to the bulk of the farm to the Town of Southold. This parcel, which is separately owned by Mike Kaloski, could have generated 4 lots under 2 acre zoning, but he is requesting two. Could this matter be scheduled for the work session on Monday, September 16th? Very truly yours, ��i Abigail A. Wickham AAW/dmc encl.30/shdtpb1 l LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.c. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J.BRESSLER WILLIAM WICKHAM (06-02) ABI GAIL A.WICKHAM NEW YORK 11952 LYNNE M.GORDON MELVILLE OFFICE JANET GEASA 631-298-8353 275 BROAD HOLLOW ROAD TELEFAX NO. 631-298-8565 SUITE III MELVILLE, NEW YORK 11747 wwblaw@aol.com _ - - - 631-249-9480 September 25, 2003 TELEFAX NO, 631-249-9484 Attn: Mr. Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road kE fp (�Southold,New York 11971 NNf i D Re: Minor Subdivision of Michael Kaloski Plat SEP 2 6 2003 SCTM# 1000-102-4-6.2 DSouthold T" Dear Mark: Planning Board Enclosed are the following documents in connection with my client's subdivision application: 1. Subdivision Application Form; 2. Part I of the Environmental Assessment Form; 3. Authorization Letter from owners; 4. Transactional Disclosure Forms; 5. Copy of Deed; 6. You have a print of the map showing equal division. 7. $2,000. application fee. (/ ZSi9,oo,ks✓ Z e Lct<2 I would like to discuss the lot layout and building envelope at the October 6, 2003 work session. In the meantime, a rough sketch of our idea is enclosed. It creates open areas in the front and northwesterly wooded/garden areas in the southeasterly rear area. We may want to "L" shape the Lot I building envelope to accommodate a pool/tennis court area. Very truly yours, �Abigail A. Wickham AAW/dm encl. 30/shdpb I • LASER FICHE FORM • SUBDIVISIONS ERecords D 08 ement Project Type: Standard Status: Final Approval SCTM # : 1000 - 102.4-6.2 Project Name: Kaloski, Michael Location: The parcel is located on Alvahs Lane. 2.056' n/o Main Road (NYS Route 25) and s/o Middle Road (CR 48) in Cutchogue. Hamlet: Cutchogue Applicant Name: Michael & Irene Kaloski Owner Name: Michael Kaloski Zone 1 : A-C Approval Date: 2/11/2008 PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: Cand R's : Homeowners Association R and M Agreement: Address: County Filing Date: SCAN Date: J , i F k 3•. 'b \ l(f)) a� i 1 zeo' aTv. L ) - : a �Uffv, T�esu4e R-es d � i )Nlva�'s Lane_ --- --- - YRVYCRI I MA✓ X.OAXNAA A,- He Ia,on7 b 06 '.I o9-u w 05-12-99 CIE.1 -12-99 NA.AIF 12-C7 CC " MATCH LTE SEE SEC.ME.096 SEE SEC.W.096 09-I2-01 xta}eov WicxLNE WTCP LW MATCH LINE r L"01 01 y , p z ." GS-i6-01 _ y L FOR PCL.NO. i h 07 10.0 f g3 g' SEE SEC.NO. i0-01-01 w_ 0. A N <.11 096-05-012.2 0 moo-oi v lLOA o 0a-2e-Orz TUN OF SWTHYO EPEE vn-C7 O mE,+...... L-'.M-0'_ LOA 215 9 0-0] b;L J b' 4'� 2.7 11.1A ce-09.014.,t- t 16.1A1<1 23.3ex Gb 2.01 ` M1 m os soupm q '0. 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SEE SEC.NO. �a:� J ^ g3i .� '� T 9 109-01-OSJ f01-021.1 z ev 0�f�er 0} v y 15114 , x x zn o00 NPe:xx. wAic14 LINE WITCH -� -ua 4�C4'he VA u SFE SEC.,b 309 / N`igr w L am..,,A, LH .A..xw,l... ® eN.L.x --- MAn1R.,.4,N. --5a- XfYmI M.M1k,lln --x-- M.ESS MAIN OFTNE«.IE, ALL PPCPEaTN6 NOTICE COUNTY OF SUFFOLK © N .,e ., Ma SECTION NO E o.e,..w..AM., -�- LA.vNHi4AN.e 1211 �A, rHs7T4,EH --F-- "'ANT M1LAe --"-- ARE oa , THE FOE.EORV1Nc ws.PlcTs: $OUTIiDLD G sAmYlm w LH ----- 4M nr✓r o -O Fn.Mnrc.Uw =_,-_ 1Hrotennn[r CAN -xsT-- FRE WITHIN xs .1.1 ueNTFHeNLE.ALTERAT.]N.srtE OR Red Property Tax Service Agency Y J:q ''��v MTREUTM OF ARE FORT.LS TIRE 102 E ,.n r M... ^- „m Me..1„ .. w1n IH LIGHT e5 ulTx Ca ty Cm,Ter RIv6F1eA N Y 11901 Iqx M.1n+IH -L-- uw..fbrck,un--.-- SUEFOLN COMFY iex MeP 5 PPgYdiEO N 5, �_� PANT PAAR { ` SCALE x FEET: D NOTE" 2J M.e 4.0 12.3 AIEI .1 I2.31 ,�IME M1 fAM1k1 IH -P - MM.r M.,n.LH -FF-- eYWLeKE . IEHTEP REAL R WRITTEN AX SE AC Of NC BL Ay P �TiCI b 1000 [mpm✓n I2.1 Alel ,4.ua � 5...miner A. REAL PPCKPiY TAX sFPNLF ACFILi. P PROPERTY AIM -- GONVER5KN OATE: .uzz.L. FIRST FLOOR TYPICAL WELL EL. 38.0 TYPICAL SANITARY DESIGN NOT TO SCALE i.1 1'MIN EL 36.0 2'MAX i'MIN. FINISH GRADE O CESSPOOL FINISHED GRADE 2'MAX. FOUNDATION COVER WALL 1/4„/FOOT PITCH COVER 62 GALLON NV STORAGE RESIDENCE INV, 6" MIN. EL 33.2 INV. CESSPOOL TANK *, m EL. 33.0 EL 34.0 INV T � o EL 33.7 i \a 1/8" PER FOOT PITC I caauND wArfn V,\\ 1000 GALLON SEPTIC TANK MINUMUM 12' MIN. 3 + SUBMERSIBLE PUMP RArEUAT VAI.HIVI s PER MwurE N/F ANDREW C. AND ANDREW T FOHRKOLB 1RMED FELD P 0, BOX 106 N/F CLIFFORD AND REGAN BATUELLO 1000-102-04-53 N/F ANDREW C. AND ANDREW T. FOHRKOLB MATTITUCK, N.Y 11952 1855 ALVAH'S LANE P. 0 BOX 106 1000-702-04-5.5 CUTCHOGUE, N.Y. KALOSKI/SIMON I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR SEWAGE DISPOSAL MATTITUCK, N.Y, 11952 7000-102-04-6.1 PLAT SYSTEM(S) FOR THIS PROJECT WERE DESIGNED BY ME UNDER MY DIRECTION N/F RICHARD REINHARDT \ 1000-102-04-5 4 WELL BASED UPON A CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND GROUND FOUND WATER CONDITIONS, ALL LOTS AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY 11535 MAIN ROAD CONC MON. SET DEPARTMENT OF HEALTH SERVICES CONSTRUCTION STANDARDS IN EFFECT AS OF N 4'1 E 02 STAKE N THIS DATE. MATTITUCK, N.Y 11952 706.98 S 47'25'20"E 136.26' 69.7 S 47'25'20"E 136.26' / (PROPOSED PROPERTY LINE) S 49'04'29 E 637.20 _ \�/' � / / JOSEPH BART R P.E. / (PRoposfD PROPERtt uNE) '- '- SOU HOLD, N.Y.ROAD PIP 6017705- N. 11977 / 637-765-2954 \ FOU D N 41'. W 1.7' /' 'p 1Dy i -�\ A -- _-' Lo LA, / �\ _-' / _- 280 // // \ TO m TEST HOLE BY MCDONALD GEOSCIENCE / °"` / / \ 60177059, N Y. .r4's / \\ // _, _.._.,_ . _ _-___'-�"/ _-260 / m // / \ \> o / _ _,.-. '.-. _ PROPOSED 1 HOLE DUG 12 AUGUST 2002 25 0' �.� � - - l LoT350 ARIA-'3I I \ v SF I rL OR 2.027 ACRES I 9 ELEV 36.0 ° /Q 4, / \ LT / I - -� - _.._/ - .-..- - -..-, - ,n-� of LP A I ° '° v \ / __ >T 1 �' r I - 34.0 - ° \ / ���c ____ _ __ __ / ?- ? \ / BUILDING ENVELOPE OY. Z� BROWN SILTY LOAM OL o I \� I a• ti / \ _�-\ _� ,\ �\ \�`__ 6 o W ` / EDuaLs ao.00D S.F. _ v g or \\ / \ 5,7' SN« QIF - J TREELIf�_ `�'�.0 BROWN SILTY SAND WITH 20% GRAVEL 1111 \ I L-tta ( / � j s� /e�,i'- lam_/ 3 I 30.0 - / \ 1�� \\\ ♦ / / / /' I IT / TREELINE / _ I N __ i l MPI \ I I 1 I // n (PPOPOSEO NEW LOr-LINE) / N _ DO.�O. 24.0 - 2.1.0 _/ lD '\ EQUALS 5ENVELOPE AREA \/ \ / / J _ 2 I - - /- _ _/ BUILDING ENVELOP _ - - - m _-- - \\ �\ // � O T / / (/ _ A-a _____--` < 2g4 \ \��'/// X26.0 / / \/ 1000 102 04 8.1 KEY MAP 60 - o GO h a o0 �� �\ // Il�• / / / `• / 1 24.0 .-./ / �-____--- X30. ��� `� '/ / i7 / / O N 47'08'40"Vy r�� /26.0 - / ^�\ / 26.0 O (Exlsn°c PEaP urvE) 150.00.0 O \ / / 2. 1IRE IN Fleo / O cfsspoOL o -i ET1cE 260 /'� _ as L�_JENCLOs4� - 0 0 '- 34, - > 0 1 N/F WILLIAM J. KERRIGAN 26 ' _ ------ Lq TM 1000-102-04-07.1 -- / / "+ry / I 3 PROPOSED / ' /// /'- ___ J2o I,a / I TREELINE_ / // \ 1 O 1600 ALVAH'S LANE w Lor 2 / /'/ /' 304 / - w o I I-�- -� WATER RIPE / p°+ AREA-233,49.59 OF / / - / \ 3 - LJ N / OR 5.355 ACRES / //' /' 0 -' /// -- *0 - o NSF KALOSKI o w 0 I \ P -- / I 1 1 CESSPOOL PALE BROWN FINE TO COARSE SAND SW -,.Oj \\ \� /�,�� __' / /' 3A. /' /�/ N; 6 _ I - PALE \ / / - 26.0 --� -� / / // // / / .- & .-' i.- 1 \-_-EO 161' / \ V rn RESIDENCE LY `r FENCE, \/ )' / / / / 0 ' / WO N 125.0' - -' - - f 2d.0' �' • POSTS ` / \ / \ / // - / / 36• / �° - '- _ 96.CF-- i / tN RIPE FOU D \ 26.0 _ / / / S Z_-p ' ° WELL N-S.4� W 4'J'\\ \\ \ 304 -- --' /// /'/ / 36.0 g v OWELL Z Z ---_-__-_-_ 76.0 - \\ PIPE STONE - ''/ 320 ' -___-' 479.76' /'' N 50.00' - FOUND ROAD MON. / 1 I `,( \ / ° -' moi-'(PROPOSED PROPERTY LINE) _- 3RG /� ' PROPOSED N 47'08 40'W(PROPOSED PROPERTY LINE) 206.00 2D21 W /' / 1 -- PIPE UTIL • UTIL POLE N 4708'40"W' 256.00' UTIL. �JTIL 0 \ __ unL1 ' N 47'08'40"W UTIL POLE 479.78' FOUND POLE FOU uO P@LE DRAINAGE POLE POLE \ pDLE FOUND POLE POLE � PIPE I I 2056' TO MAIN ROAD AREAS OF LOTS TAX MAP LOT#'7.1 TAX MAP LOT#6.2 17' ALVAH 'S LANE GALLUCCIO EST, C/0 GINSBERG & CO EXISTING LOT AREA 22,500 5.F. 361,756.55 SF. FARMED 675 THIRD AVENUE SUITE 2800 FIELD (0.516 ACRES) (8.304 ACRES) NEW YORK, NEW YORK 10017 PROPOSED LOT AREAS: 40,000 5 F 233,427,59 S.F. (0.916 ACRES) (5 358 ACRES) LOT 2 88,32S96 S.F. (2 027 ACRES) LOT 1 FOR SCDHS USE ONLY THIS IS TO CERTIFY THAT THE SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION TM// 1000-702-04-06.2 OF APPROVAL DATED: SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES ------------------------------ HAUPPAUGE. NEW YORK ZONED A-C MINOR SUBDIVISION BY____-_- CHAIRMAN, SOUTHOLD TOWN PLANNING BOARD WARANIEES INDICATEDHERE ON SHALL RUN APPROVED SKETCH PLAN /�/��o;�' ONLY TO ED, PERSON FORHIS BEHALF THE HITYEY OF Is PREPARED, ANO aN HIS BEHALF ra INE TONE coMpATO ROVE RNMENEDL ARENar, This is to certify that the proposed Realty Subdivision or Development ARCEL OWNER LENDINGINETNDESO THLISTED NDING IN' AN° y ° p yMICHAEL KALOSKI PLAT L.0 THE ASSICNCfE OF rNf LENDING INSrpUilaN /O(---------------------------------- - In the l� ADARANrzfs ARE TO TRANSFERABLE SUBSECH is -with o total of ----_-lots was APPROVED pOMll• MICHAEL KALOSK I HEREBY CERTIFY THAT THIS MAP WAS MADE ADDITIONAL ixsnrorrams OR suesfaufNT awrvfas - - ------ SITUATE PRELIM. PLAT BY ME FROM AN ACTUAL SURVEY COMPLETED approved on the above dote. Water supplies and Sewage Disposal UNAUIHoerzfD ALTERATION OR ADDITION TO THIS Facilitites must conform to construction standards in effect at the '/,/ 9 /� 11 JUNE 2002 AND THAT ALL CONCRETE MON- SURVEYED. 11 JUNE 2002 suaVErlsAmoLA TION OF SCOPON 7209 w time of construction and are subject to separate permits pursuant to CUTCHOGUE, TOWN OF SOUTHOLD /�� 1930 ALVAH'S LANE UMENTS SHOWN THUS. 0 HEREON ACTUALLY THE NEW YCRK STATE FOURATION LAW those standards. This approval sholl be valid only if the realty �/ EXIST AND THEIR POSITIONS ARE CORRECTLY SCALE 1"= 50' subdivision/development mop is duly filed with the County Clerk Within SUFFOLK COUNTY, N.Y.. CUTCHOGUE, N.Y, 11935 SHOWN A D ALL DIMENSIONAL AND GEODETIC COPIES Dr THIS SURKr MAP NOT GEARING one your of M/s date, Consent is hereby given for the /Alin of this AHE LAND SURVEYORS EMBOSSED SEAL SHALL Y Y 9 9 DETA=REEC7. TOTAL AREA = 361,75655 S.F. NOT BE CONsmERFO TO RE A VALID TRUE mop on which this endorsement appears in the Office of the County OR COPY Clerk In accordance With provisions of the Public Health Law and the 8.304 ACRES Suffolk County Sanitary Code, SURVEYED FOR: MICHAEL KALOSKI LORRAINE I. SIMON E pp SURVEYED BY IRI::OCT LS VI STANLEY J. ISAKSEN, JR. Vito A. Mlnei, P E. P.O. BOX 294 OGecfor, Division a/ Environmental Ouolify APPRDVED.S NEW SU FOLK. N.Y, 11956 44 2003 KETCH PIAN 'AA/k� 531 -74-5835 cuARANTEED To. APPROVEDPRELI Y __MICHAEL KALOSKI uthold Tawn g//3rLORRAINE I. SIMON nning Board �• PLAT - ---- - - - - �o LENSED A D SURVEY NYS Lic. c. 49273 02C 1137 1. 10 OCT 03 REVISE PROPERTY LINE LOCATIONS (BOTH EXIST, & PROPOSED) 18 JUL, 03 25 JUNE 03