HomeMy WebLinkAbout1000-122.-3-1.4
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~ SUBOIVISI'ON (, 4'0:' - "",tOOl
COilloJlete applic~" received
Application reviewed at work session
,
Applicant advised of necessary revisions
Revised sub mission received
Sketch plan approval
-with conditions
Lead Agency Coordination
SEQRA determination
Road p~ofiles/drainage submitted
-revisions
Road profiles/drainage reviewed be Engineer
Bond estimate submitted
Bond adopted by PB
Bond adopted by TB
Sent to County Planning Commission
Review of SCPC report
Sent to Fire Commissioner
Receipt of firewelllocation
Notification to applicant to include on final map
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Draft Covenants and Restrictions received ,.k/au ~I~
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Draft Covenants and Restrictions revie~ed .'l(v,';:',,"\li~I~I...:r I;~ ~ I
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Flled Covenants and Rr~tr!c~!('ns n:.::elved .,' _ .._.
Receipt of mylars and paper prints with
Health approval
Final Public Hearing
Approval of subdivision
-with conditions
Payment of bond
Payment of inspection fee
Endorsement of subdivision
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RECEIVED By....
SOUTHOlO TOWN PlllNNING _
J
DATE
Southold Town Planning Board
Town Hall
Southold, New York 11971
Re:
'fV\~r< ~~} 1;<-<- A+-. .
'W\~, lV\"'^""VL JtJ;-,iL..,Vk.-~
Gentlemen:
The following statements are offered for your consideration
in the review of the above-mentioned minor subdivision and its
referral' to the Suffolk County Planning Commission:
(1) No grading, other than foundation excavation for a
residential building is proposed.
(2) No new roads are proposed and no changes will be made in
the grades of the eXisting roads.
(3) No new drainage structures or alteration of existing
structures are proposed.
Yours truly,
.~ ,f C-~
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APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for '(tentative)~ approval of a subdivision plat
accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold To\\
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to be .. ~ py., f. 1.',1 ''1. ~. \<-1 .~r. !~L. .~~. . ..M~.I. f':'.<:1L
................................................................................................
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed
suggested.)
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
follows:
Liber ......../ P..'1. 4.7..... Page ......l ?:.~......... On ... .I/-:.2;:J .7.........;
Liber ........................ Page
......................
On
........................
Liber ........................ Page
......................
On
.......................,
Liber ........................ Page
......................
On
.......................,
Liber ........................ Page
......................
On
........................
as devised under the Last \Vill and Testament of .......................................
or as distributee
........................................................................
................................................
..............................................
5. The area of the land is . /.>'-:-'. 9.'?.'.~.....
acres.
6. All taxes which are liens on the land at the date hereof have been paid except ............
.................................. A: \ ~. .{:'.~ ~.!?...............................................
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7. The land is encumhered by ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
mortgage (s) as follows:
(a) Mortgage recorded in Liber .... .'1 <r.7.:?. Page... J. ~.~........ in original amount
of $. ./. ~:~.1f!7l. .. 'rtunpaid amollnt SC!:.... ! .Lf. fJ, . poY. . .. held by A I."~('." f/f!1-:r:.,.I.~. . m",
.' ~11,<..BouT<-~<-c ~ /,J d-f! b r t, 112 /
Lv, 'BbvTu,o!-.? 'f.. I!'. .:r?Io'.: address ............. r.......:. ~..... ~'~<~<... '!!~.<!.... .~... .N.t<... .'I!.5..f }
01.77
(b) !\fortgag-c recorded in Liber . . . . . . . .. Pag-c ....................... in original amount
of .............. unpaid amount $...... . . . . . . . . . . . . . . .. held by ......................
address
.................
......,.......................................
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(c) Mortgage recorded in Liber .............. Page ................ in original amoUi
of .............. unpaid amount $...... ..:.............. held by......................
.. .. . . . .. .. .. .. .. .. ... address ..........................................................
8. There are no other encumbrances or liens against the land except ..... .t-!.C! f\{?:. ... . . . ...
........................................................................................
9. The land lies in the following zoning use districts .....ft.. .r\<;J.I. ~t~!.<i-h.r.,.,:,:! t'!(rvt..
........................................................................................
10. No part of the land ties under water wheth cr tide water, stream, pond water' or otherwise, ex.
cept ............ .1f1.. . . . i3~r .. ..~.,. . '. . . . . . . . . .. .. .... . . ...... .. . .. .. . . . . . . . . ....
11. The applicant shall at his expense install all required public improvements.
12. The land (due~) (does not) lie in a Water District or Water Supply District. Name of Dis.
trict, if within a District, is .............. ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. ,Vater mains will be laid by ......... N..j. f+... .. ... .. .. .. ... .. .... ........ .. . .. .. .. .... .
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by ........... ../..1./(<'-',.....................
.....................................
and (a)
~charge will be made for installing said
lines.
15. Gas mains will be installed by .............~./ ~ . . : . . . . .. .. .. .. .. .. .. ... .. . . .. . . .. .. . . . .
and (a) (no) charge will be made for installing said mains.
16. If streets shown 011 the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule liB" hereto, to sho\\o" same.
17. If streets shown 011 the plat are claimed by the applicant to be existing public streets in the
Town of Southold Highway system, annex Schedule "C" hereto to show same.
18. There are no cxisting" bl1ilding'"S or structures on the land which are not locatcd anu shown
on the plat.
19. \Vhcrc the plat shows proposed streets \\' hich are extensions of streets on -adjoining- sub-
division maps heretofore filed. there are no rc~crvc strips at the end of the streets on said
existing- maps at their conjunctions with the proposed strcet~.
20. In the course of these proceeding's, the ap!> licant will oiier prooi of title as required by Sec.
.135 of the Real Property Law.
21. Suhmit a copy of proposed deed for lots .':ihowi:li-:" Zl.1I r('strictinl1s. covenants. etc. Annex
Schedule liD".
6A,
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22. The applicant estimates that the cost of grading and required public improvements will be
$..... ..... as itemized in Schedule "E" hereto annexed and requests that the maturity of the
Performance Bond be fixed at . 0 . .../.... . '0': years. The Performance Bond will be written by
a licensed surety company unless otherwise shown on Schedule "F".
DATE ..... ......5(.7./... .... .....,19. if "0 ..~,.. o4-:.~...........
(Name of Applicant) /'<LA-Y/ A- LA- iC-Cl 1.N-1i.E:.
By o..JkL':v:-.oA.~..:;
(Signature and Title)
. . , .. ./.oC:.. . (fr(:.. .7.?. J.. M.~.. (J,~ '
(Address)
STATE QF NEW YORK. COUNTY OF skffi.t./~.............., ss:
On the..... .?J.f. .~. ~day of.. "fH o~.I../. ,..0..000...0.,19. .f'S, before me personally came
.ti:l~.~... ft.",C.a..It'.cL,.nc;;,.., ~..,. to me known to be the individual descril)ed in and who
executed the foregoing instrument, and acknowledged that. . 0 . . .. . . . .. executed the same.
CAIlOl. GIMON
NOrAIlV 1'UBU<:. __ of....YGIIl
No. &2-4812_.~./
Cllmmilllon ElopHw ~
STA TE OF NEW YORK, COm-.rTY OF ... 0 . . . . 0 .. 0 . 0 ' 0 . .... .. ... .. ss:
,~t,w.%~o.,.........,
Notary Public '7" c
On the ... o. .. ' .. . .. ... day ............ of .... .. .. .. .. .., 19......, before me personally came
. . . . . . . . . . . . . . . . . . . . to me known. who being by me duly Sworn did de-
pose and sa)" that ............ resides at No. ....................................................
, , , , 0 ' , , , , , , , , 0 . , , . . 0 . 0 0 . 0 . . . . , . ,that . o. . . . . o. . . 0 . . . ' , , 0 . . . . . .. is the 0.... o. . . .
'" .'.... 0....0...' of 0....... 0.........,. 0 0.'..",,'....., 0...0.'. 0'....... 0 0............... 0.,
the corporation descrihed in and which executed t Iw fon:g-uing' instrument; that ............ knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corporation.
:L1:d that............ sig-ncd .............. name thereto by like order.
~otary Public
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PROJECT 1.0. NUMBER
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DIVISION OF RECULATORY AFFAIRS
State Envlronmentel Quality RevIew
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I Project Information (To be completed by Applicant or Project sponsor)
1. Applicant/sponsor 2. Project Name
!J..ltrr. 1+ L.fI1I-n . IV YJ L C 'f^.- 0 k, r I "'J F", k r "..'. '-<'<'1:. A fltJJm77ld,
3. Project location:
Municipality Mil lTfTuwc. SOJ,^.I~ County Suffilr
.. Is P~OSed action: Urtl..-r....l, ft.t..r I, .........,. "ECyr...,,,...,., I- !Hr<l';;j.-Ij'
New 0 Expansion o Modification/alteration R~v~,r,..,"). ~AH""'AL 'J{ ~ 'J-
s. Describe project briefly:
1\11< NO r. ,,,10 'J, vI \, 0...., AS Q'<er 'M'fI{> .j- I-\c-.> I p., Ix.tl rfTJf ,L.,+L,
6. PreCIse location (road intersections, prominent landmarks. etc. or provide map)
Se..L m ftp .~'-o>.
7. Amount of land affected:
Initially 15.. '1alv acres Ultimately /'-; IJ 0 I .t.-- acres
.. Will proposed action comply with existing zoning or other existing land use restrictionsl
~ Yes 0 No If No, describe briefly
.. What is present land use in Vicinity of prOjectr
I<;l Residential D Industrial ~ Commercial D Agriculture o Parkland/open space o Other ..
..
Describe:
...
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10. Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal. state or 10cal)1 .
o Ye, ~NO If yes, list agency(s) and permit/approvals
11. Does any aspect of the action have a currently valid permit or approvaU
t'i1I Ye, o No If yes, list agency name and permil/approval type
jlvfh\L Cou'1~ ~In.., CD~\ Aw""'" L
12. A' result of proposed action ....ill existmg permll/ilpproval require modjfication'
o Ye, Il4 No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDCE
Applicant,lsponsor name: AlAN A C /t1C.DIIJ!1 1-1; Date: r/J'//H-
p~ ,
Sign.llure" .~ 4-
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" the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
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OVER
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P,~NNINGi6~~}p
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SUJ;'FOLK:-:e~O.1}. TY
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Southold. N.Y. 11971
(516) 765.1938
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD
Please complete, sign and return to the Office of the Planning
Board with your completed applications forms. If your answer
to any of the following questions is ~, please indicate
these .on your guaranteed surveyor submit other appropriate
evidence.
1. Are there any wetland grasses on this parcel? ~ No
(Attached is a list of the wetland grasses defined -
by the Town Code, Chapter 97, for your reference)
2. Are there any other premises under your ownership
abutting this parcel? Yes
C:NV_
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3. Are there any building permits pending on
this parcel?
Yes
4. Are there any other applications pending
concerning this property before any other
department or agency?(Town , State, County, etc.) Yes
~
5. Is there any application pending before
any other agency with regard to a different
project on this parcel?
Yes Q
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\l:V No
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6. Was this property the subject of any prior
application to the Planning Board?
7. Does this property have a valid certificate
of occupancy, if yes please submit a copy of same
Yes
&
I certify that the above statements are true and will be relied
on by the Planning Board in considering ~his application.
~ J:I ~0
Signature of property owner or authorized agent
5(0 ( /crr--
date
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Attachment to questionnaire for,."the Planning Board
STATE OF NEW YORK, COUNTY OF SUFFOLK, ss:
On the "31 ~~ay of ~o. ,-{ , 19f1, before me personally
came 1i:1d..t'J It C' III Y l ~ nq .I (( to me known to be the
-- -
individual described in and who executed the foregoing instrument,
and acknowledged that ~executed the same.
N~~~~~t~Vf~~
NOrAIlv CAROl. GuYI'ON
~62~~~
Commilolon &p/ree ~ 0 _ (
1000
12200
0300
001004
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DECLARATION OF COVENANTS AND RESTRICTIONS
..c!.
THIS DECLARATION made this ~ 3 day of November, 1987,
by Alan A. Cardinale, residing at Main Road, Mattituck, New
York, hereinafter referred to as the Declarant, as the owner of
premises described in Schedule "A" annexed hereto (hereinafter
referred to as the Premises) desire to restrict the use and
enjoyment of said Premises and has for such purposes determined
to impose on said Premises covenants and restrictions and does
hereby declare that said Premises shall be hold and shall be
conveyed subject to the following covenants and restrictions.
1. Declarant has made application to the Suffolk County
Department of Health Services (hereinafter referred to as the
Department) for a pe~mit to construct, approval of plans of
approval of a subdivision or development on the Premises.
2. As a condition for approval of the Department of such
subdivision or development application, the Declarant agrees
that fill will be placed on said Premises where such fill shall
be sufficient to provide adequate grade to allow the
installation of a three (3) pool sewage disposal system in
accordance with construction standards or guidelines of the
Department in effect at the time of construction and that such
fill requirement shall be a condition for approval of individual
construction applications.
MAY 20 198
Wiircs~1lt~
1lT\R ~ 1981\
S.C: OE'l.~Ya.:
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3.
The Declarant, its successors and/or assig"f,!', sb,all set
" ..... ~ '4' ". '.
forth these covenants, agreements and declarations in any and
..
all leases to occupants, tenants and/or lessees of ilia'. " r~;
above-described property and shall, by their terms, subject same
to the covenants and restrictions contained herein. Failure of
the Declarant, its successors and/or assigns to so condition the
leases shall not invalidate their automatic subjugation to the
covenants and restrictions.
4. All of the' covenants and restrictions contained herein
shall be construed to be in addition to and not in derogation or
limitation upon any provisions of local, state and federal laws,
ordinances and/or regulations in effect at the time of execution
of this agreement, or at the time such laws, ordinances and/or
regulations may thereafter be revised, amended or promulgate~.
5. This document is made subj :3ct h,'J h'1'~ provisions of all
laws required by law or by their provisions to be incorporated
herein and they are deemed to be incorporated herein and made a
part hereof, as though fully set forth.
6. The aforementioned Restr1ctive Covenants shall be
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enforceable by the County of Suffolk or any agency designated by
the County of Suffolk, State of New York, by injunctive relief
or by any other remedy in equity or at law. The failure of said
agencies or the County of Suffolk to enforce the same shall not
be deemed to affect the validity of this covenant nor impose any
liability whatsoever upon the County of Suffolk or any officer
or employee thereof.
7.
These covenants and restrictions shall r~ with the land \
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7. These covenants and restrictions shall run with the land
and shall be binding upon the Declarant, successors and assigns,
and upon all persons or entities claiming under them, and may be
terminated, revoked or amended by the owner of the premises only
with the written consent to the Department.
8. 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.
9. Local Law #32-1980 - The Declarant represents and
warrants that he has not offered or given any gratuity to any.
official, employee or agent of Suffolk County, New York State,
or of any political party, with the purpose or intent of
securing favorable treatment with respect to the performance of
an agreement, and that such person has read and is familiar with
the-provisions of Local Law #32-1980, annexed hereto.
~ ~~ALE
STATE OF NEW YORK: COUNTY OF SUFFOLK
I
On the <.:3 >-Cday of November, 1987, before me personally came
Alan A. Cardinale to me known to be the individual described in
and who executed the foregoing instrument, and acknowledged that
he executed the same.
~~rrt~Cn~
Notary ub ic
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NOrMY CAIIOL GIMON
No.I2-=~~orNow"'" ':'.
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Schedule C
CONSENT OF MORTGAGEE/LIENOR'
Declarant A \..~"-J
q f{ err;
A-. Cf\~~\t\..IA \..E
Ref. #
71 ta..n 1I.&n:i1f'la./€.
In the matter of the Application of "I 'I II
H r--___, I_u., the undersigned, as holder of a mortgage
or lien on premises described in Schedule "A" annexed
o.edli.rO.. t, 0"
"-e.to^ hereby consents to covenants and restrictions -on
said premises and hereby subordinates its mortgage or lien
on the premises described in Schedule "A";
QJ vf{~j ~GL-t;~J
~dR~GbAGEE LIEN HOLDER MORTGAGEE/LIENHOLDER
IHid.'''9 dt S"q WMflower \)ri~~ ,>te(o"t, r(<;,:d,'h9 <I..~ Ill. bO ""-.;"Ro..&. .
.9-~ C ~o.-v.--td1.V\l Mdr;~t/; l\4.~""-cIo:;. N-Y. I\ltSit
MORTGAGEE)LIENHOLDER ,
Hsicl./^9 o.~ ~;'l W:lc!fl.wu- ~t,v.J S~~~~'-'<."'''.l
STATE OF Ffe. : COUNTY OF ..A-r € H. \
On the 7 day of ),,'7 ,1987, before me
personally came Alice Pantaleo to me known to be the
individual described in and who ~xecuted the foregoing
instrument, and acknowledged that .she executed the same.
ad; / ~~ NV'MY'C~~.I/C, SlATE OF FL01iIIlAAT LARG(
Notary Public BONDED TH~~SGSE'ON EXPIRES MAY 15,1988,
. NERAL INS..UNDERWRITERS
STATE OF 77)./. COUNTY OF 4.....1L.....'--
On the 1.41.. day of y..,...7.- ' 1987, before me
personally came John W. Boutcher, Jr. to me known to be the
individual described in and who executed the foregoing
instrument, and acknowledged that h executed the same.
V'
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My Commission Expire. Mar .. 1808
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~U'NV.' 'VVN LAWY~H BEFORE flCj'NG THIS INSTRUMENT - THIS INSTRUMENT SHOIILD BE USED BY LAWYERS ONLY, ,
~~~:N:~~:'~ '"' ".,", S"<Omb,, ...""~" b"OO:~W!i1
BETWEEN 15'('35
MOHRING ENTERPRISES, INC., a domestic corporation having its principal
place of business at 347 Glen Cove Ave., Sea Cliff, New York
RECEIVED BY
SOUTHOLD TGWN PlANNING BOARD
JUN 10 1988
party of the first part, and c'",;'
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ALAN A. CARDINALE, residing at (nn#)Bridge Lane, Cutchogue, NY
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. $ 1~~1E~ ~~
.... REAL ESTATE.:JtJ"of
NOV 13 1lle7
, .. TRANSFER TAX ~.
SUFFOLK
o NTV
--- dollars,
party of the second part,
WITNESSETH, that the party of the first part, in consideration of
Ten ($10.00) & 00/100--______________
lawfull1loney of the United States, and other good and valuable consideration paid
by the party of the second part, docs 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, situale, lying and
being in the
at Mattituck, Town of Southold, County of Suffolk and State of New
York, being bounded and described as follows:
BEGINNING at a point on the easterly side of Main Road (Route 25)
at the northwesterly corner of the premises herein described,
adjoining land now or formerly of Peteco Realty Co. on the North;
Running thence along said land now or formerly of Peteco Realty
Co., the following two courses and distances:
1) South 83 deg. 11' 50" East, 313,.77 feet;
2) North 30 deg. 06' 10" East, 100 feet to land now or formerly
of Mescioscia and another;
Running thence along said land and land of Ehlers, South 83 deg.
11' 50" East, 224.41 feet;
Running thence along said land of Ehlers, the following two
courses and distances:
1) South 1 deg. 4' 40" I"est, 362.00 feet;
2) South 61 deg. 44' 20" East, 248.84 feet to James Creek;
Running thence along the edge of James Creek by tie lines the
following eighteen courses and distances:
1) South 26 deg. 27' 10" West, 76.12 feet;
2) -South 24 deg. 00' 15" West, 147.51 feet;
3) South 5 deg. 55' 25" West, 48.04 feet;
4) South 52 deg. 57' 55" West, 33.47 feet;
5) South 16 deg. 47' 50" West, 100.90 feet;
6) South 3 deg. 12' 50" East, 91.85 feet;
7) South 13 deg. 12' 50" West, 75.63 feet;
8) South 2 deg. 24' 30" East, 115.43 feet;
9) South 32 deg. 05' 15" West, 50.57 feet; ...............'
10) North 59 deg. 39' 15" West, 137.72 feet;
11) North 81 deg. 56' 40" West, 116.25 feet;
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10469 rC326
12) North 81 deg. 50' 20" West, 83.86 feet;
13) North 76 deg. 06' 55" West, 84.73 feet;
14) North 77 deg. 54' 20" West, 68.82 feet;
15) North 83 deg. 20' 50" West, 118.07 feet;
16) North 71 deg. IS' 45" West. 63.61 feet;
17) South 85 deg. 17' 15" West, 81.37 feet;
18) North 74 deg. 48' 45" West, 73.86 feet to lan.d of
Running thence along said land of Pantaleo and others
deg. 00' 00" East, 615.29 feet to the northeast corner of
Lucas;
Running thence along said land of Lucas and other, North
51' 40" West, 568.41 feet to the easterly line of Main Road,
25;
Pantaleo;
North 48
land of
57 de!'.
Routlr
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Running thence along said line the following three courses and
distances:
1) North 44 deg. 56' 00" East, 170.00 feet;
2) North 37 deg. 07' 50" East, 103.23 feet;
3) North 30 deg. 06' 10" East, 60.00 feet to the point or place
of BEGINNING.
BEING and intended to be the same premises conveyed to the party of
the first part by deed dated October 5, 1983 and recorded December
16, 1983 in Liber 9477 page 188
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.?l~i~~ Wi;~ ~~g~, title !dinterest, if any, of the party of the first part in! 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.
---r
.I
. .
AND the party of the 'firSt part covenants that the party of thc first part has not done or suffered anything whereby
'the said premises have been incumbered 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 pay-
ment of the cost of the improvement before using any part of the total of the same for any other purpose.
Thc won! "party" shall he construed as if it read "parties" whenever lhc sense of lhis indenlure so requires.
IN WITNESS WHEREOF, the party of lhe firsl part has duly executed this deed the day and year first above written.
IN PRK~ENn; m':
MOHRING ENTERPRISES, INC.
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STATE OF NEW YORK, COUNTY OF
On the day of
personally came
'"
ss:' STATE OF NEW YORK, COUNTY OF
ss:
, before me
19
, before me On the day of
personally came
19
to me known to be the individual described in anti who
executed the foregoing instrument, and acknowledged that
executed the same.
STATE OF NEW YORK, COUNTY OF S u ff 0 I k ss:
Onlhe f~ dayof Septemberl987,beforeme
personally camc Richard Mohrinl!
to me known. who, oelOg by me- duly sworrr, did depose and say
that hc resides at No. 347 Glen Cove Ave
tha~ea h~VM' NYpresident
~Mohring Enterprises, Inc.
, the corpomtion dcscribed
in and which executed the foregoing instrument; that he knows
the seal of said corporation; thaI the seal affixed to said instrument
is such corpomte seal; that it was so affixed by order of the board
of directors or said corporation, and that he signed h name
thereto by like 0'C:vu:JL C( l.- ft!-7L
CAIIOl. 0IMtlN
NOrARY 1'U1uc, ... 01 New "'"
,.~~-48'2181._ c:a.-
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WITII COVENANT M;AINST (;RANTOR'S ACTS
Title No.
MOHRING ENTERPRISES, INC
TO
CARDINALE
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS
/Ji'In/'ul,',II"
Ii6 COMMONWEALTH IAND~
... TITlE INSU. RANCE COMPANY
A RtIbnce Group HddInRs ConlI>>llY
10 me known 10 be the individual described in and who
executed the foregoing inslnJlnenl, and acknowledged that
executed the same.
~
STATE OF NEW YORK, COUNTY OF
55:
On the day of 19, before me
personally came
to me known, who, being by me duly swom, did depose and say
that he resides at No.
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he knows
tbe seal of said curporation; thatlhe seal affixed to said instnllnent
is such corporate seal; that it was so affixed by order of Ibe board
of directors of said corporation, and that he signed h name
thcreto by like order.
SITIIIIN
BLOCK
101
COl'1'\ I Y UH, TOWN
Rccorded at Request of COMMONWEALTH LAND
TITLE INSURANCE COMPANY
REHlRN BY MAIL TO:
Cardinale & Cardinale
PO Drawer W
Ja~esport, NY 11947
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TOWN CLERK I
TOWN OF SOUTHOLD ..
Suffolk County. New York 516.. 765.1801 N~ 26852.
}u!~~llt~I:~1
For ~~ ~.. _ ~_p~ rJ?x1. '=fn I
~ilh T. Terry. Town Clerk i
CaBh 0 ~~ec!:. rJ:.:f.t-~E~,_..._,_,:>:. _~_ ~~~_,_,..1
TOWN CLERK
TOWN OF SOUTHOLD
Suffolk Cuunty. New York 516. 765.1801 N~ 36626 .
Southold. N. Y. 11971 rJ..a CJ~9~ .
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JUDITH T. TERRY, TOWN CLERK
Town of South old
Southold. New York 11971 0
Phone: 51~'765'1801 DATE <<CO' / '7 19 <J Y
RECEIVED OF: ~ a. ~I.<-~~ .(~ $ l..':)oeJ. <16
FOR hc~- -d.<vt.-...,It r;. 17 Q rf' r.f.. -1''<':
RECEIPT
51670
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This is (). rn i nor sU.&:;J,v. -!-ho.J
expircd. - r B re.'1ru.i,-"
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iN.H.,
Su.bdiV' /22..3.1.'1 tl5/)O
fde, it fJI 10'17
. .
~~LMIl~NG BOARD MEMBERS '
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD G. WARD
-
Town Hall, 53095 Main Road
P.O. Box 1179
Southoid, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
November 19, 1998
Henry E. Raynor
320 Love Lane
Mattituck, New York
RE:
3110 )91
\(esv\-\-s c;-t ~;NS
wi1\.--. l~al( (~I'<.I\ ...- f'Aq),'c;.'>4
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The Planning Board reviewed the revised subdivision plans
which were submitted on October 2, 1998. and the status of the
proposed subdivision, at the November 9, 1998 work session. ~ n.e.>rl-
fCo'1f Too
ClI>.D M-r,S ~t.J
1L.\I"tl"lS' ,.,+\'rlL .
11952
Proposed Subdivision for
Alan Cardinale (James Creek)
SCTM# 1000-122-3-1.4
Dear Mr. Raynor:
In June of 1994, the Planning Board determined that the
conditional final approval on the four (4) lot subdivision,
which had been granted in 1990, had expired. In July of 1995,
the Planning Board accepted one-half of the required application
fee in order to re-activate the subdivision. Miscellaneous
subdivision items were submitted during the more than 3 year
period since the submission of the application fee. However,
many of the items submitted were incomplete. In addition, as of
this date, there are still outstanding subdivision requirements
which have not been met.
The Planning Board is not in favor of continuing to process the
subdivision since there are many outstanding issues and an
unreasonable amount of time has passed since the Planning
Board reviewed certain aspects of the subdivision. If your
client wishes to proceed with the subdivision of his property, a
new subdivision application, including all application materials
must be presented. The Planning Board will then begin a new
review of the subdivision.
I have listed some of the outstanding issues below. Please note
that this list dOeS not include all of the items required should
your client wish to submit a new subdivision application. The
list reflects my review of the map last submitted to the
Planning Board.
1.
Subdivision contains 5 lots. Therefore, application, map,
etc. must address subdivision as major, not minor
subdivision.
/
. .
c
.
.
Alan Cardinale (James Creek)
November 19, 1998
Page 2
2.
3.
4.
5.
6.
7.
8.
9.
Building location, parking, etc. for the business lot '"0''''S -to a~fr,,,
should not be shown on the subdivision plan. However, Y'f'O'.\/ %~8 wi~
proposed access to the business lot must be addressed. {\ ,," \\
? <:. ,lIn cv\~, 1.", fI
Map must be in proper form to be filed in the Office,/f the (oolJ):tJJte wl po\ o.~
County Clerk. / f<b ,
Status of DOT permit must be addressed. ~.-
Status of Health Department approval must be addressed./
Status of contract with Suffolk County Water Authority I ~
must be addressed. ' ~ ~
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Wetland buffer must be indicated. All building setbacks
must be at least 75 feet.
Building envelopes must be shown for all lots.
Upland/wetland area must be shown for all lots. Lot area
must be 80,000 square feet excluding wetland area.
10.
The Town is holding a performance guarantee in the
amount of $78,780.00 for the expired subdivision. The
performance bond is due to expire in July of 1999. Since
the subdivision has expired, the Town will not accept an
extension of the performance guarantee once it expires in
July 1999.
As noted above, this is not a complete list of the required
items.
Please feel free to contact me if you have any questions
regarding the above.
SincerelY,~ ~
4h -
Planner
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Henry E. Raynor, Jr.
320 Love Lane
Mattituck, NY 11952
December 19, 1998
Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Main Road
Southold, NY 11971
Re: James Creek subdivision off Main Road, Mattituck, Neew York
3pb!Qq
r~5vlts c€ ~INO
<wI ~r~ I AIM\ ..... (tIel,'s.s,+
Dear Mr. Orlowski:
Pursuant to the work session of the Planning Board on December 7th, and
subsequent conversations with Melissa Spiro, I would like to outline our
understanding of the procedure that is to be followed:
1. I will meet with Melissa Spiro to go over any outstanding items pertinent to the /
subdivision. This will enable us to have a mutual base point to work from. ~
2. It is my understanding that the subdivision will be considered a major ~ ,>e~ <'''" \fl.\'t~
subdivision, however, there will be no changes in the specifications for roads, -to...5" ..... """"'
3. :::~~~~ iir:a~~t.paid half of the filing fee, I would request that the B~rq? ~~ :w~b
only charge us for the remaining half fee pursuant to the code. -..5 '& olc.
4. We understand a new map at the sketch stage is to be submitted. \ft."='. .
5. We will request a waiver of the preliminary hearing. l1\o;,.t \:~
6. We will go to final hearing once a determination is made by the Board that all 2. ~" ~
is in conformance and approvals for water are in place. .s 0:,':5> 'nw
s,J.,,\~. tevw
Please confirm in writing that the above procedures are those necessary to
obtain final approval for this proposed subdivision.
Sincerely,
J1WJ ftv hl,M...
Henry E. rR~~or, Jr.
HER:ml
cc: Alan Cardinale
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Southold':own
Planning Be;", rJ
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Henry E. Raynor, Jr.
320 Love Lane
Mattituck, NY 11952
(516)298-4567
February 8, 1999
Bennett Orlowski, Chairman
Southold Town Planning Board
Main Road
Southold, NY 11971
Re: James Creek minor subdivision, Mattituck, New York
Dear Mr. Orlowski:
Subsequent to our meeting at the November 1998 work session, we have attempted
to get an appointment with the Planning Board staff to discuss and finalize the
elements necessary for completion on this subdivision. To date, we have been
unsuccessful.
As we are unavailable until after February 26th, I would appreciate your advising us of
the earliest possible date we can meet with the Planning Board after the 26th.
Sincerely,
~~r.
HR:ml
cc: Alan Cardinale
IJPUWq)
FI:B 10 1999'
South old Town
Planning Soard
.
.
'SJb'
P0'
iY1S
Henry E. Raynor, Jr.
320 Love Lane
Mattituck, NY 11952
December 19, 1998
Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Main Road
Southold, NY 11971
Re: James Creek subdivision off Main Road, Mattituck, Neew York
Dear Mr. Orlowski:
Pursuant to the work session of the Planning Board on December 7th, and
subsequent conversations with Melissa Spiro, I would like to outline our
understanding of the procedure that is to be followed:
1. I will meet with Melissa Spiro to go over any outstanding items pertinent to the
subdivision. This will enable us to have a mutual base point to work from.
2. It is my understanding that the subdivision will be considered a major
subdivision, however, there will be no changes in the specifications for roads,
drainage or curb cut.
3. As we have already paid half of the filing fee, I would request that the Board
only charge us for the remaining half fee pursuant to the code.
4. We understand a new map at the sketch stage is to be submitted.
5. We will request a waiver of the preliminary hearing.
6. We will go to final hearing once a determination is made by the Board that all
is in conformance and approvals for water are in place.
Please confirm in writing that the above procedures are those necessary to
obtain final approval for this proposed subdivision.
Sincerely,
~.~r.
HER:ml
cc: Alan Cardinale
..............,...",.".........~.'..
...;-'~!,:,,;~
.;;; i;...~.'1
";."I,j~
JAN 04 1939
Southold -fown
Planning Board
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD G. WARD
.
PLANNING BOARD MEMB~
BENNETT ORLOWSKI, JR.
Chainnan
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
November 19, 1998
Henry E. Raynor
320 Love Lane
Mattituck, New York 11952
RE: Proposed Subdivision for
Alan Cardinale (James Creek)
SCTM# 1000-122-3-1.4
Dear Mr. Raynor:
The Planning Board reviewed the revised subdivision plans
which were submitted on October 2, 1998, and the status of the
proposed subdivision, at the November 9, 1998 work session.
In June of 1994, the Planning Board determined that the
conditional final approval on the four (4) lot subdivision,
which had been granted in 1990, had expired. In July of 1995,
the Planning Board accepted one-half of the required application
fee in order to re-activate the subdivision. Miscellaneous
subdivision items were submitted during the more than 3 year
period since the submission of the application fee. However,
many of the items submitted were incomplete. In addition, as of
this date, there are still outstanding subdivision requirements
which have not been met.
The Planning Board is not in favor of continuing to process the
subdivision since there are many outstanding issues and an
unreasonable amount of time has passed since the Planning
Board reviewed certain aspects of the subdivision. If your
client wishes to proceed with the subdivision of his property, a
new subdivision application, including all application materials
must be presented. The Planning Board will then begin a new
review of the subdivision.
I have listed some of the outstanding issues below. Please note
that this list dOeS not include all of the items required should
your client wish to submit a new subdivision application. The
list reflects my review of the map last submitted to the
Planning Board.
1. Subdivision contains 5 lots. Therefore, application, map,
etc. must address subdivision as major, not minor
subdivision.
.
t
Alan Cardinale (James Creek)
November 19, 1998
Page 2
2. Wetland buffer must be indicated. All building setbacks
must be at least 75 feet.
3. Building envelopes must be shown for all lots.
4. Upland/wetland area must be shown for all lots. Lot area
must be 80,000 square feet excluding wetland area.
5. Building location, parking, etc. for the business lot
should not be shown on the subdivision plan. However,
proposed access to the business lot must be addressed.
6. Map must be in proper form to be filed in the Office of the
County Clerk.
7. Status of DOT permit must be addressed.
8. Status of Health Department approval must be addressed.
9. Status of contract with Suffolk County Water Authority
must be addressed.
10. The Town is holding a performance guarantee in the
amount of $78,780.00 for the expired subdivision. The
performance bond is due to expire in July of 1999. Since
the subdivision has expired, the Town will not accept an
extension of the performance guarantee once it expires in
July 1999.
As noted above, this is not a complete list of the required
items.
Please feel free to contact me if you have any questions
regarding the above.
SincerelY,~ ~
~ -
Planner
.
t
~
M5
Henry E. Raynor, Jr.
320 Love Lane
Mattituck, NY 11952
September 24, 1998
Southold Town Planning Board
Main Road
Southold, NY 11971
Re: Minor subdivision of Alan Cardinale at James Creek, Mattituck, NY
Dear Sirs:
Please find enclosed revised plans for the above referenced proposed subdivision.
Please advise if further documentation is needed to proceed with this proposal.
Sincerely,
Henry E. Raynor, Jr.
HR:ml
Enc.
: ~"'\~~:'~::" 'j',':'; ~~~:,~, ;:<' :(:'~~:;' ;t~;\ if'
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. ~~". '~~ ';>;~
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~~ oel 0 2 1998
Southold Town
Planning Board
~f-
HS
Henry E. Raynor, Jr.
320 Love Lane
Mattituck, NY 11952
August 5, 1998
Southold Town Planning Board
Attn: Melissa Spiro
Main Road
Southold, NY 11971
Re: James Creek minor subdivision off Main Road, Mattituck, New York
Dear Ms. Spiro:
In response to your request for an update on the above referenced minor subdivision,
enclosed herewith are the following:
1. Copy of performance bond in the form of a letter of credit issued by Suffolk
County National Bank.
2. Copy of the receipt for payment of connection fees to the Suffolk Country Water
Authority on this subdivision.
The Planning Board ,is already in receipt of entranceway designs requested several
months ago along with copies of the Covenants and Restrictions required by both the
Town of Southold and the Suffolk County Department of Health Services. Also, as of
June '98, we have provided surveys showing the business property incorporated into
the plan and the building envelopes and footprints.
I trust this submission satisfies all the request of the Board has of this project and
request that this minor subdivision be scheduled for a final hearing as rapidly as
possible.
Sincerely,
~Z',
Henry ~r, Jr.
pq
AUS 07 1998
Southold Town
Planning Boarlll
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July 2, 1998
GO~~
Town Board for the
Town of Southold
Southold, New York
Re: Performance Bond - $78,780.00
Alan Cardinale Minor Subdivision
SCTM 1000-122-3-1.4
Letter of Credit No. 980722
Dear Board Member:
By order of Alan Cardinale, and for the account of same. /I" hereby establish
this Irrevocable Letter of Credit in your favor up to an ag~Jf"(late amount of
Seventy Eight Thousand Seven Hundred Eighty and 00/1 fJf) ($78,780.00)
U.S Dollars available by your drafts at sight accompanied t,,/ this original
letter of credit.
A copy of a resolution of the Town Board, reportedly cef1lfl"d by the Town
Board, which indicates:
"Alan Cardinale has failed to complete all of the improveff",nts in connection
with the subdivision map entitled "Alan Cardinale Subdi'/"'I'Jn" heretofore
approved by the Planning Board of the Town of Southol,), ;'lId that as a
result of said failure, there is due and owing an amount "'~'Jal to the face
amount of our draft. Said resolution should also indicatF; Itl;,t the amount
drawn thereunder is for the sole purpose of completing tr,t",,, items of
improvement which were to have been completed by AI;". t:ardinale."
This Letter of Credit remains in force and must be preser.II,,j for payment at
our counters no later them July 22, 1999. All drafts dra IIfI hereunder must
be negotiated on or before that date.
.
. .~. , ~"iJ1Iii!\;!"'i{~;",,,".~.~~,~""C;~l;"~'<:tn~~~f~"~
. - - - . :
li...~~;~<tt'.~:~;~f:l:~':!';:~;:;i;:;ifi:F~-/~'; ~"-;'r,~-o-:'~ r::;~-~:-.>-r'-; :_.;-::,;~i~~;,~.~.:W>'.:':~_:' .:<
Jl SUFFOLlC.COUNtJ NATIONAL IlANKl . ."
,-;~pag'i~~~*~,~~~,":J:.'r~t~<t,~~,.~~;ii;:,-:.t'":'''
Letter of Credit No. 980722
Each draft must state that it "Drawn under Letter of Credit of The Suffolk
County National Bank No. 980722 dated July 2, 1998" and this amount
endorsed on this Letter of Credit.
We hereby agree with the drawers, endorsers and bona fide holders of drafts
drawn under and in compliance with the terms of this letter of credit that
such drafts will be duly honored upon presentation to the drawee.
Except as far as otherwise expressly stated herein, the Letter of Credit is
subject to the Uniform Customs and Practice for Documentary Credits (1993
Revision) International Chamber of Commerce publications No. 500.
This Letter of Credit supersedes our Letter of Credit No. 970722 dated June
16, 1997.
The Suffolk County National Bank
~tUk~7
Peter M. Almasy
Vice President
/
f'";J~:olJt:::~;;;'''';ORY RO;'
. C"'."!T"i7'~,c"'U" ':;~'~':;'''';FOR'lrneR OF CREDIT
$78,780,00
.
~ J"" .'..
July 2, 1998
Alan Cardinale, after date above, we promise to pay the Suffolk County National Bank
(the "Bank") or order at 6 West Second Street, Riverhead, New York, Seventy Eighty Thousand
Seven Hundred Eighty and 00/100 U.S. Dollars at such time that The Suffolk County National
Bank is called upon by Town of Southold to honor the Stand By Letter of Credit, or part thereof
with interest at the prime rate as set by the Chase Manhattan Bank from time to time plus 1,00%
from the date of payment of The Suffolk County National Bank to Town of Southold until such
time said amount is fully paid,
SECURITY: To secure payment of the note, and all our other present and future debts to
the Bank we give the Bank a security interest on all our property of any kind (including claims,
accounts, physical property, securities and interests of whatever type) which the Bank now or
later has in its possession or control.
RIGHT TO DEMAND IMMEDIATE PAYMENT IN FULL: If any of the following occur, the
Bank may declare the total unpaid balance of this note due immediately: (a) failure to pay, when
due, any amount payable on any of our debts to the Bank; (b) if any statement, representation or
promise made here or elsewhere to the Bank shall be false or violated in any relevant respect; (c)
our death or loss of our job or that of any cosigner of this note; (d) if we, or a guarantor or
cosigner becomes insolvent or bankrupt (however shown); (e) if the collateral is substantially
damaged or destroyed or if the Bank deems the collateral is unsafe or subject to risk; (f) if the
Bank believes for any reason that any amounts due or to be due may not be paid; (g) if the Bank
at any time believes the collateral is not sufficient security for this debt and we do not give the
Bank more property as collateral or repay part of the debt as the Bank demands; (h) if any person
who has recovered a judgement against us attempts to enforce it by legal proceedings,
SALE OF SECURITY: If we do not pay any amount when due under this note or under
any of our other debts to the Bank, the Bank may sell any of our property at any price the Bank
believes best, for cash or on credit, to anyone inciuding the Bank itself, without notice to us, and
apply the proceeds of the sale to pay any or all of our debts to the Bank. We will pay any costs
involved in such sale or attempt to sell. If the buyer does not pay in full, we will assume this risk
and our debts will be reduces only by the amount of the proceeds of the sale of the property,
COST OF SUIT: If the Bank sues us on this note, we will pay to the Bank its actual and
reasonable attorneys fees if the matter is referred to an attorney who is not a salaried employee
of the Bank.
NO WAIVER: No delay or failure by the Bank to take action in connection with this note
will prevent the Bank from taking any action later.
NO ORAL CHANGES: This note may not be changed, except in writing by the Bank.
WHO IS BOUND: "We", "us" and "our" refer to each signer of this note and each signer
is bound separately,
APPLICABLE LAWS: This note will be governed by the laws of the State of New York
and the laws of the United States as they affect National Banks,
Alan Cardinale
----
.
.
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THE SUFFOLK COUNTY NATIONAL BANK
1149OLOCOUNTRY ROAD. P.O. BOX 9000- AIVERHEAO, NEWYORK 11901-9000- (516) 727.2701 . FAX (516) 727-5798
July 2, 1998
Town Board for the
Town of Southold
Southold, New York
Ori~f'/),.\ 1u lOwf\ CleA.lc.
l~
JUl 15 1998
Re: Performance Bond - $78,780.00
Alan Cardinale Minor Subdivision
SCTM 1000-122-3-1.4
Letter of Credit No. 980722
Southold Town
Planning Board
Dear Board Member:
By order of Alan Cardinale, and for the account of same, we hereby establish
this Irrevocable Letter of Credit in your favor up to an aggregate amount of
Seventy Eight Thousand Seven Hundred Eighty and 00/100 ($78,780.00)
U.S Dollars available by your drafts at sight accompanied by this original
letter of credit.
A copy of a resolution of the Town Board, reportedly certified by the Town
Board, which indicates:
"Alan Cardinale has failed to complete all of the improvements in connection
with the subdivision map entitled" Alan Cardinale Subdivision" heretofore
approved by the Planning Board of the Town of Southold, and that as a
result of said failure, there is due and owing an amount equal to the face
amount of our draft. Said resolution should also indicate that the amount
drawn thereunder is for the sole purpose of completing those items of
improvement which were to have been completed by Alan Cardinale."
This Letter of Credit remains in force and must be presented for payment at
our counters no later them July 22, 1999. All drafts drawn hereunder must
be negotiated on or before that date.
.
.
THE SUFFOLK COUNTY NATIONAL BANK
Page 2
Letter of Credit No. 980722
Each draft must state that it is "Drawn under Letter of Credit of The Suffolk
County National Bank No. 980722 dated July 2, 1998".
We hereby agree with the drawers, endorsers and bona fide holders of drafts
drawn under and in compliance with the terms of this letter of credit that
such drafts will be duly honored upon presentation to the drawee.
Except as far as otherwise expressly stated herein, the Letter of Credit is
subject to the Uniform Customs and Practice for Documentary Credits (1 993
Revision) International Chamber of Commerce Publications No. 500.
This Letter of Credit supersedes our Letter of Credit No. 970722 dated June
16, 1997.
The Suffolk County National Bank
Peter M. Almasy
Vice President
-
.
.
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320 Love Lane
Mattituck, NY 11952
June 24, 1998
Southold Town Planning Board
Main Road
Southold, NY 11971
Re: Minor subdivision of Alan Cardinale, Main Road, Mattituck, NY
Dear Planning Board:
Enclosed please find the revised plans for the above referenced minor
subdivision.
Should any further documentation be needed to proceed with this
application, please advise.
Sincerely,
~.~:~.
HER:ml
Encs.
r6 re0\e~b.. e bl::l.'l\q~ LOS. ?\3. G\s.~~J. -n..~ .\-\:~. "'t."A, c'e:\c..\~J
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MS,
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JUN 24 1998
Southold Town
Planning Board
,
-
PLANNING BOARD MEMB~
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCffiE LATHAM, JR.
RICHARD G. WARD
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
CERTIFIED MAIL
June 2, 1998
Henry Raynor
P.O. Box 1459
Mattituck, NY 11952
Re: Performance Guarantee for Cardinale Subdivision, Mattituck, NY
SCTM# 1000-122-3-1.4
Dear Mr. Raynor:
The performance guarantee for the minor subdivision of Alan Cardinale (Irrevocable Letter of
Credit #970722 with the Suffolk County National Bank) is due to expire on July 22, 1998.
Since the improvements have not been completed, you must extend the guarantee for at least
another year. An extension of this guarantee must be submitted to this office before the
expiration date.
Due to the timing of the Town Board's meetings, if the extension is not received by Noon of
July 20,1998, there will be a resolution before the Town Board at its July 21, 1998 meeting
to authorize the Town to draw on the Letter of Credit if the extension is not received by Noon
of July 21, 1998.
Please contact this office if you have any questions regarding the above.
Sincerely, rJ
~~
Melissa Spiro
Planner
cc: Elizabeth A. Neville, Town Clerk
Alan Cardinale
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Henry E. Raynor Jr.
320 Love Lane
Mattituck, New York 11952
March 20, 1998
To: Southold Town Planning Board
Re: James Creek Subdivision
Pursuant to your request enclosed are copies of receipts from
Suffolk County Water Authority for water hookups throughout
this propsed subdidivsion.
Please note these are for both residential and commercial
hookups.
Sketch overlay map for development of the business property
will be forthcoming for the board to review.
Yours truly,
~~~
'I/E@IlW,
MAR 2 3 1998
South old Town
Planning Board
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HENRY E. RAYNOR, JR.
320 Love Lane, Mattituck, NY 11952
516-298-8420
January 30, 1998
Alan Cardinale, Jr.
A& P Shopping Center
Main Road
Mattituck, NY 11952
Re: James Creek subdivision
Dear Alan:
In discussios with Melissa Spiro of the Southold Town Planning Boad, the Board
has requested further definition of the subdivision in two areas:
· A creation of lots conforming with the business zone usage fronting on Route
25 by incorporating into the existing subdivision; this would entail
renumbering of the business property
And
· Providing the Planning Board with water contracts from the Suffolk County
Water Authority which you have indicated will be available. next month.
I would be happy to meet with you to go over the configuration pertinent to the
business property at your convenience.
In discussions with Melissa Spiro, I find that the timeliness of this subdivision
should be addressed as soon as possible. Should you have any questions,
please call me at 298-8420 or I would be happy to meet with you at your
convenience.
Best regards,
~.~
HER:ml
Cc: Melissa Spiro. Southold Town Planning Board
Fie 13 .
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HENRY E. RAYNOR
275 CARDINAL DRIVE
l'iATTITUCK, N.Y. 11952
JAN. 7, 1998
TO: SOUTHOLD TOWN PLANNING BOARD
RE: JAMES CREEK SUBDIVISION
ENCLOSED ARE REVISED PRINTS FOR THE ABOVE CAPTIONED
SUBDIVISION REFLECTING THE ADDITIONAL BUSINESS PROPERTY
BEING INCORPORATED INTO THE SUBDIVISION.
PLEASE NOTE THE SUFFOLK COUNTY WATER AUTHORITY WILL BE ABLE
TO PROVIDE SERVICE TO THESE LOTS COMMENCING FEB. 1998.
IF ALL IS NOW IN ORDER, PLEASE SET FOR A FINAL PUBLIC
HEARING.
::SUB
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THE SUFFOLK COUNTY NATIONAL BANK
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6 WEST SECONO STREET' P.O. BOX 9000. RIVERHEAO, NEW YORK 11901-9000' (516) 727-2700' FAX (516) 727-3210
June 16, 1997
Town Board for the
Town of South old
Southold, New York
Re: Performance Bond - $78,780.00
Alan Cardinale Minor Subdivision
SCTM 1000-122-3-1.4
Letter of Credit No. 970722
Dear Board Member:
By order of Alan Cardinale, and for the account of same, we hereby establish this
Irrevocable Letter of Credit in your favor up to an aggregate amount of Seventy Eight
Thousand Seven Hundred Eight and 00/100 ($78,780.00) U.S.Dollars available by your
drafts at sight accompanied by this original letter of credit..
A copy of a resolution of the Town Board, reportedly certified by the Town Board, which
indicates:
"Alan Cardinale has failed to complete all of the improvements in connection with the
subdivision map entitled "Alan Cardinale Subdivision" heretofore approved by the
Planning Board of the Town of Southold, and that as a result of said failure, there is due
and owing an amount equal to the face amount of our draft. Said resolution should also
indicate that the amount drawn hereunder is for the sole purpose of completing those
items of improvement which were to have been completed by Alan Cardinale."
This Letter of Credit remains in force and must be presented for payment at our counters
no later than July 22, 1998. All drafts drawn hereunder must be negotiated on or before
that date.
Each draft must state that it "Drawn Under Letter of Credit of The Suffolk County
National Bank" No. 970722 dated June 16, 1997 and this amount endorsed on this letter
of credit.
We hereby agree with the drawers, endorsers and bona fide holders of drafts drawn under
and in compliance with the terms of this letter of credit that such drafts will be duly
honored upon presentation to the drawee.
Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the
Uniform Customs and Practice for Documentary Credits (1993 Revision) International
Chamber of Commerce Publications No. 500.
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SOUTHOLO TOWN
PlANNING BOARD
(f)
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THE SUFFOLK COUNTY NATIONAL BANK
Except as otherwise expressly stated herein, this letter of credit is subject to the Uniform
Customs and Practice for Documentary Credits (1993 Revision) International Chamber of
Commerce Publication No. 500.
This Letter of Credit supersedes our Letter of Credit #960722 dated June 20, 1996.
The Suffolk County National Bank
~~~~
Peter M. Almasy
Vice President
The Suffolk County National Bank
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PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chainnan
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD G. WARD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
CERTIFIED MAlL
May 28, 1997
Henry Raynor
P.O. Box 1459
Mattituck, NY 11952
Re: Performance Guarantee for Cardinale Subdivision, Mattituck, NY
SCTM# 1000-122-3-1.4
Dear Mr. Raynor:
The performance guarantee for the minor subdivision of Alan Cardinale (Irrevocable Letter of
Credit #960722 with the Suffolk County Nation Bank) is due to expire on July 22, 1997.
Since the improvements have not been completed, you must extend the guarantee for at least
another year. An extension of this guarantee must be submitted to this office before the
expiration date.
Due to the timing of the Town Board's meetings, if the extension is not received by Noon of
July 7, 1997, there will be a resolution before the Town Board at its July 8, 1997 meeting to
authorize the Town to draw on the Letter of Credit if the extension is not received by Noon of
July 21, 1997.
Please contact this office if you have any questions regarding the above.
Sincerely; ~.,
/Jf/~ .. ~
M,n". s,;-, ~
Planner
cc: Judith T. Terry, Town Clerk
Peter Almasy, VP, Suffolk County National Bank
-
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320 Love Lane
Mattituck, NY 11952
May 6, 1997
Alan Cardinale, Jr.
A & P Shopping Center
Main Road
Mattituck, NY 11952
.
RE: James Creek minor subdivision at Main Road, Mattituck, New
York
Dear Alan:
After recent discussions with Melissa Spiro of the Southold Town
Planning Board, the Planning Board has decided that the James Creek
minor subdivision should be processed in its entirety. It is the
wish of the Planning Board that both the residential and business
zoned areas of this property be processed simultaneously, rather
than developing only the residential section at this time.
Please contact me with your thoughts on this.
Si~'
Henry E. Raynor, Jr.
HER:ml /
co: Southold Town Planning Boar
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FAX
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Henry Raynor
320 Love Lane
Mattlluck. NY 11952
Date 0 l/24/97
Number of pages including cover sheet
To:
From:
Mellua Spiro
Southold Planlling Board
Heary Raynor
Phone
Fa., Phone
CC:
316-765-1938
316.765.3136
Phone
Fax Phone
516-298.8420
SI6-298-U27
III III \Ill,"':
o Urgent
~ For your revjew
o Reply ASAP
o Please conunellt
The following are the revised covenants and restrictions for Alan Cardinale's James Cree'k minor
subdivision at Main Road, Manituck, New York.
We understand the Toy,.ll Attorney will review san1C,
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lJlJ JAN 2 7 1997 ~
SOUTHOlO TOWN
PLANNING BOARD
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81/24/1937 15:32
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PA':~E O~
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THIS DECLAR.A. TION made this day of
, 1997. by Alan A. Cardinale,
residing at Main Road. Mattituck. New York, hereinafter referred to as the Declarant.
who, as the owner of premises described in "Schedule A" annexed hereto desires to
restrict the use and enjoyment of said Premises, and has for such purposes detel"nined to
impose on said Premises covenants and restrictions and does hereby declare that said
Premises shall be held subject to the following covenants and restrictions:
1. Declarant has made application to the Town of South old Planning Board for approval
ofa subdivision wherein Premises at "Schedule A" would be designated Lot #4 and
Premises at "Schedule B" represent the entire premises which are the subject of the
four. lot subdivision.
2. As a condition for approval, acceptance and filing by the Town of South old Planning
Broad of such subdivision, the Declarant agrees that upon acceptance and ming of
such minor subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A" premises
is designated Lot #4) Declarant shall promptly make application for a subdivision of
that portion of "Schedule A" Premises lying in the B (Business) Zoning Use District
from that portion of the "Schedule A" Premises lying in the R-80 (Residential)
Zoning Use District so as to provide two separate and distinct building lots, each
located fully within its respective Zoning Use District.
3. The following terms and conditions shall apply to all land lying within the 75-foot
setback area from the wetlands on Lots I, 2 and 3:
a) No structure of building shall be placed within the setback area. The: term
"structure" and "building" shall be interpreted as including swimming pools,
patios, storage buildings, strUctures for the housing of domesticated animals,
.
.
boat or other trailers, recreational vehicles, retaining walls and bulkhead but
shall not include walk-ways and decks provided all required governmental
pennits are obtained,
b) The buffer area which is defined as the 75 foot setback area referred to above
and shown on the subdivision map to be filed shall remain in its natual state.
It shall not be cleared of the indigenous vegetation of the area, not shall it be
planted with grass or mowed.
c) The buffer area shall not be filled with either soil, sand or other debris,
including brush.
d) The buffer area may be traversed by a walkway, whether elevated or on the
ground, provided proper wetland pennits can be obtained from the applicable
agencies, which may include the Board of Trustees and the New York State
Department of Environmental Conservation.
e) Any disturbance of the land within the buffer area shall be redressed by the
restoration of said land to its prior natural state.
t) No provision herein will limit the owner's right and privilege to make special
application to the governing environmental authorities for the Plll1'ose of
construction required protective structures and landscaped to assure against
damage or diminished value to the property. Upon receiving the appropriate
approvals, the allowable protective structures and landscape may be put in
place without disturbance.
- ----'.;,':1..' ......... ... _'-'
.
.
4. No lot line shall be changed in any manner at any future date unless authorized by the
Town of Southold Planning Board.
5. There shall be no further subdivisions of Lots nwnbered I, 2 and 3 in perpetuity.
6. Clearing and grading within each lot shaH be limited to that necessary for sitting and
constnlcting a house with the intent of preserving as much of the natural vegetation
on the site as possible and minimizing stormwater runoff and erosion.
7. No driveway or entrance road on the Main Road or on the proposed road shall be
located within 50 feet of the ends of the short radius curve cOlUlecting the
southeasterly side of Main Road with the northeasterly side of the proposed road.
8. Lots I and 2 shall have access over the right-oi-way and accompan}ing road, which is
owned by Lots 3 and 4. The proposed road shall be maintained the by OWnt:rs of Lots
I, 2, 3 and 4.
9. All stonnwater runoff resulting from the development and improvement of this
subdivision or any of its lots shall be retained on the site by adequate drainage
stnlctures so that it will not flow out onto the right-of.way of Main Road.
10. No new residential stnlcture shall be constrUcted or otherwise located within 75 feet
of the upland edie oithe wetlands or the shoreline of James Creek, and no Joew
sanitary disposal facilities shall be constnlcted or otherwise located within :[ 00 feet of
the upland edge of the wetlands of the shoreline of James Creek.
11. No stonnwater runoff resulting from the development and improvement of the
subdivision or any of its lots shall be discharged into the tidal wetlands within the
parcel nor into James Creek.
01 24/1997 15:32
15167271'317
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.
.
12. Erosion and sediment control measures shall be required during and immediately after
construction on each lot to insure that stormwater runoff will not carry erodt:d and
other deleterious materials into James Creek and the tidal wetlands bordering the
creek.
13. All prospective owners oflots within this subdivision are advised that this s:Jbdivision
is located within one mile of Mattituck Airport. and therefore, may be subje'::ted to
noise emanating from the facility and from aircraft flying overhead or nearby.
14. In regards to Lots 1,2, and 3 and the R.SO zoned portion of Lot 4, there shall be no
use of inorganic fertilizer materials or plant species acknowledged to requinl large
amounts of nitrogen fertilizers.
15. Covenants and restrictions herein can be modified only at the request of the then
owner of the premises with the approval of a majority plus one of the Planning Board
of the Town of South old after a public hearing. Adjoining property owners shall be
entitled to notice of such public hearing but their consent to such modificati'~n shall
not be required.
16. The Declarant grants the continuing right in perpetuity to the Town of South old or
any of its designated representati ves to inspect any areas designated as buffer areas so
as to insure continued compliance with the covenants, terms and provisions
designated herein in regard to same and to insure that such covenants, terms and
provisions have not been violated.
__ ":4/
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11. Declarant grants the continuing right in perpemiry to the Town of South old or any of
its designated representatives or any owner of the property contained in Schl~dule A,
to enforce the conditions and restrictions of the covenants and to take any legal action
it deems necessary to enforce the conditions and restrictions of the covenants. These
rights of inspection and enforcement shall be binding upon declarant, their heirs,
executors, legal representatives, distributees, successors, assigns and transferees.
Alan A. Cardinale
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the day of , 1997, before me personally came Alan A. Cardinale,
to me known to be the individual described in and who executed the foregoing
instrument, and acknowledged that he executed the same.
Notary Public
6 WEST SECOND STREET' P.O. BOX 9000' RIVERHEAD. NEWYORK 11901-9000' (516) 727-2700. FAX (516) ~27'3210
~.
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MS
(f)
THE SutOLK COUNTY NATtNAL BANK
June 20, 1996
Town Board
Town of Southold
Southold, New York 11971
Re: Performance Bond - $ 78,780.00
Alan Cardinale Minor Subdivision
SCTM 1000-122-3-1.4
Letter of Credit No. 960722
Dear Board Member:
By order of Alan Cardinale, and for the account of
same, we hereby establish this irrevocable letter of credit
in your favor up to an aggregate amount of Seventy Eight
Thousand Seven Hundred Eighty and 00/100 ($78,780.00) U.S.
Dollars available by your drafts at sight accompanied by
this original letter of credit.
A copy of a resolution of the Town Board, reportedly
certified by the Town Clerk, which indicates:
"Alan Cardinale has failed to.complete all of the
improvements in connection with the subdivision map entitled
"Alan Cardinale Subdivision" heretofore approved by the
Planning Board of the Town of Southold, and that as a result
of said failure, there is due and owing an amount equal to
the face amount of our draft. Said resolution should also
indicate that the amount drawn hereunder is for the sole
purpose of completing those items of improvement which were
to have been completed by Alan Cardinale."
This Letter of Credit remains in force and must be
presented for payment at our counters no later then Duly 22,
1997. All drafts drawn hereunder must be negotiated on or
before that date.
Each draft must state that it "Drawn Under Letter of
Credit of the Suffolk County National Bank" No. 960722,
dated June 20, 1996 and this amount endorsed on this letter
of credit.
We hereby agree with the drawers, endorsers and bona
fide holders of drafts drawn under and in compliance with
the terms of this letter of credit that such drafts will be
duly honored upon presentation to the drawee.
Jj)
THE SUFFOLK COUNTY NATItAL BANK
.
Letter of Credit No. 960722
Page 2
Except as otherwise expressly stated herein, this
letter of credit is subject to the Uniform Customs and
Practice for Documentary Credits (1993 Revision)
International Chamber of Commerce publication No. 500.
This Letter of Credit supersedes our Letter of Credit
#950722 dated July 22, 1995.
Sincerely,
-6;~
vice President
The Suffolk County
National Bank
.
.
STAND BY PROMISSORY NOTE
FOR LETTER OF CREDIT
$78,780.00
July 22, 1996
Alan Cardinale, after date above, I promise to pay the Suffolk County
National Bank (the "Bankll) or order at 6 West Second Street, Riverhead, New
York, Seventy Eight Thousand Seven Hundred Eighty and OO/lOO U.S. Dollars .at
such time that the Suffolk County National Bank is called upon by Town of
Southold to honor the Stand By Letter of Credit, or part thereof with interest
at the prime rate as set by the Chase Manhattan Bank from time to time plus
l.OO% from the date of payment of the Suffolk County National Bank to
Town of Southold until such time said amount is fully paid.
SECURITY To secure payment of the note, and all my other present and fu-
ture debts to the Bank I give the Bank a security interest on all my property
of any kind (including claims, accounts, physical property, securities and
interests of whatever type) which the Bank now or later has in its possession
or control.
RIGHT TO DEMAND IMMEDIATE PAYMENT IN FULL If any of the following occur,
the Bank may declare the total unpaid balance of this note due immediately: (a)
failure to pay, when due, any amount payable on any of my debts to the Bank;
(b) if any statement, representation or promise made here or elsewhere to the
Bank shall be false or violated in any relevant respect; (c) my death or loss
of my job or that of any cosigner of this note; (d) if I, or a guarantor or
cosigner , becomes insolvent or bankrupt (however shown); (e) if the collateral
is substantially damaged or destroyed or if the Bank deems the collateral
unsafe or subject to r~sk; (f) if the Bank believes for any reason that any
amounts due or to be due may not be paid; (g) if the Bank at any time believes
the collateral is not sufficient security for this debt and I do not give the
Bank more property as collateral or repay part of the debt as the Bank demands;
(h) if any person who has recovered a judgement against me attempts to enforce
it by legal proceedings.
SALE OF SECURITY If I do not pay any amount when due under this note or
under any of my other debts to the Bank, the Bank may sell any of my property
at any price the Bank believes best, for cash or on credit, to anyone including
the Bank itself, without notice to me, and apply the proceeds of the sale to
pay any or all of my debts to the Bank. I will pay any costs involved in such
sale or attempt to sell. If the buyer does not pay in full, I will assume this
risk and my debts will be reduced only by the amount of the proceeds of the
sale of the property.
COST OF SUIT If the Bank sues me on this note, I will pay to the Bank
its actual and reasonable attorneys fees if the matter is referred to an
attorney who is not a salaried employee of the Bank.
NO WAIVER No delay or failure by the Bank to take action in connection
with this note will prevent the Bank from taking any action later.
NO ORAL CHANGES This note may not be changed, except in writing by the
Bank.
WHO IS BOUND "I", "mell and limy" refer to each signer of this note and
each signer is bound separately.
APPLICABLE LAWS This note will be governed by the laws of the State of
New York and the laws of the United States as they affect National Banks.
Alan Cardinale
~
.
.
THE SUFFOLK COUNTY NATIONAL BANK
Commercial Loan Department
P.O. Box 9000
Riverhead, New York 11901
June 20, 1996
Alan Cardinale
P.O. Box 77
Mattituck, NY 11952
Re Letter of Credit No. 960722
Amount of Letter of Credit
Annual Fee @ 1.00% from 7/22/96 to 7/22/97
$ 78,780.00
787.80
Total Amount Due
$
787.80
Due on Receipt
----,
rm. R riil R n IV7 I~.r-..,il.
In [I; lifJ L, U J ~~ -'.!
[IV! ->>ni'i
Ilfl!. i JUL I IOOS
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<~_E~L_
---
PLANNING BOARD MEMB~
RICHARD G. WARD
Chairman
GEORGE RITCHIE LATHAM, JR.
BENNETT ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDW MOS
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
CERTIFIED MAIL
May 31,1996
Alan Cardinale
P.O. Box 77
Mattituck, NY 11952
Re: Performance Guarantee for Cardinale Subdivision, Mattituck, NY
SCTM# 1000-122-3-1.4
Dear Mr. Cardinale:
The performance guarantee for the minor subdivision of Alan Cardinale (Irrevocable Letter of
Credit #950722 with the Suffolk County National Bank) is due to expire on JUly 22, 1996.
Since the improvements have not been compieted, you must extend the guarantee for at
least another year. An extension of this guarantee must be submitted to this office before
the expiration date.
Due to the timing of the Town Board's meetings, if the extension is not received by Noon of
JUly 5, 1996, there will be a resolution before the Town Board at it's July 9, 1996 meeting to
authorize the Town to draw on the Letter of Credit if the extension is not received by Noon of
July 19,1996.
Please contact this office if you have any questions regarding the above.
~
'M:~
Planner
cc: JUdy Terry, Town Clerk
Thomas S. Kohlman, Sr. VP, Suffolk County National Bank
Henry Raynor
,. ,
~~NGBOARDMEMB~
RICHARD G. WARD
Chairman
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
GEORGE RITCHIE LATHAM, JR.
BENNETT ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 30, 1996
Henry Raynor
PO. Bex 1459
Mattituck, NY 11952
Re: Minor subdivision for Alan Cardinale - a.k.a. James Creek
SCTM# 1000-122-3-1.4
Dear Mr. Raynor:
The following resolution was adopted by the Southold Town Planning Board at a
meeting held on Monday, April 29. 1996:
BE IT RESOLVED to adopt the Engineering Inspector's report dated March 12. 1996.
Please contact this office if you have any questions regarding the above.
Sincerely,
rf?v4/ jJ V:J
Richard G. Ward
Chairman
enc.
cc: James Richter, Engineering Inspector
, ~.
,
::a..'I:_ (515) -763-1750
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OFFICE OF THE ENGiNEER
TOW.. OF SOUTSOLD
----....-
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RAYMOND L JAj'BS
SUPE1UNT:::"'1DENT
5CU':'SCLD TOWN :!IGh~ DEPAR-""1ENT
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, fi5
J.ES A. RJCHTER, R.A. ;f.,I::..-
~NGINE~RING rNSPECTCR
?ECCNIC ~~, ?ECONIC, M.Y.
~el. (515) -763-3070
_____n, n ._. _ ,_ .
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MARCH 12, 1996L,: ,',IAR 2 I i9S6
--
,
;
I ::;cuni'iLj) TOV~'N
! PL;;.HEiG :10;;.9D
Richard G. Ward
Chairman - Planning Board
Town Hall, 53095 Main Road
Southold, New York 11971
Re:
AL~,N CARDINALE, Minar Subdivision
State Route 25 - Mattituck, New York
SCTM #: 1000 - 122 - 03 - 1.4
Dear Mr. Ward:
As per your request, I have reviewed the fiie and the plans far the aoove referenced
subdivision. Since the time limit far this projea has expired, I have been instructed to
review the existing plans for compliance with the current Highway Specifications. The
following is a list of my comments:
.
,.
The existing project has a curb cut permit from the State DOT This curb
cut permit should be reviewed with the DOT to verify future requirements far
development of the business zoned property. Recent correspondence from
the State suggests that the DOT is currently forming new procedures with
regard to the number of curb cuts that will be allowed. If the approved curb
cut is also to be used far assess by any future business, the proposed road
construction through the business zone should comply with the 28' wide
asphalt pavement section as shown in drawing 15-1 of the Highway
Specifications, The remaining residential roadway will need to be a 16' wide
stone blend section as shawn in drawing 15-4.
2,
The drainage calculations are sufficient to handle the l11noff from the
proposed road with the following exception. Catch basins # 1 &2 call far three
(3) tweive (12') foot deep leaching pools. The basins have been designed
with an invert grate elevation of 8.79'. A test hole was not provided, but it
appears that the proposed leaching pools will be substantially down below
the water table. An additional number of shallower pools should be provided
that will meet the minimum requirements established in the drainage
calculations. The bottom of the pools should be a minimum of two (2') feet
above the water table. Catch Basin #3 should also meet this criteria.
Page 1 of 2
" .
.
.
.
Richard G. Ward - Chairman
ALAN CARDINALE - Minor Subdivision
March 12. 1996
Page 2 of 2
3. The current Bond Estimate should be reviewed and changed to rerlect the
drainage design modifications. Additional Bond Estimate items also appear
to have differences when compared to the actual construction items required
for the road. These items should also be revised.
If you have any questions concerning this report. please contact my office.
~i, cerelY/J ()
I / 'itl k
I I ,1-
( . I W(jJ/ v '"
James A. Richter, R.,<l..
co: Raymond L. Jacobs
(Superintendent of Highways)
-
.
,
PLANNING BOARD MEMBERS
RICHARD G. WARD
Chairman
GEORGE RITCIDE LATHAM, JR.
BENNETI' ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 10, 1996
Henry E, Raynor
320 Love Lane
Mattituck, New York 11952
RE: Proposed Subdivision for
Alan Cardinale (a.k.a. James Creek)
Mattituck
SCTM# 1000-122-3-1.4
Dear Mr. Raynor:
Please address the enclosed report dated March 12, 1996, from
James Richter, Engineering Inspector.
The report will be formally adopted at the Planning Board's
April 29, 1996 meeting.
Please contact me if you have any questions regarding the above.
~
Sincerel~, (;1/.
~Pi~
Planner
enc.
cc: James Richter
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
----- ..........----
Fax. (516)-765-1750
~
. fJ,b 5
jJ(MES A. RICHTER, R.A.1K..FIr
ENGINEERING INSPECTOR
PECONIC LANE, PECONIC, N.Y.
J~ .--
RAYMOND L. JA!OBS
SUPERINTENDENT
SOUTHOLD TOWN HIGHWAY DEPARTMENT
Tel. (516)-765-3070
OFFICE OF THE ENGINEER
TOWN OF SOUTHOLD
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MARCH 12, 191~Ul MAR 2 '1900 !!~jl
-_---.J
SOUTHOLD TOWN
PLANNiNG BOARD __.j
Richard G. Ward
Chairman - Planning Board
Town Hall, 53095 Main Road
South old , New York 11971
Re: ALAN CARDINALE - Minor Subdivision
State Route 25 - Mattituck, New York
SCTM #: 1000 - 122 - 03 - 1.4
Dear Mr. Ward:
As per your request, I have reviewed the file and the plans for the above referenced
subdivision. Since the time limit for this project has expired, I have been instructed to
review the existing plans for compliance with the current Highway Specifications. The
following is a list of my comments:
1. The existing project has a curb cut permit from the State DOT. This curb
cut permit should be reviewed with the DOT to verify future requirements for
development of the business zoned property. Recent correspondence from
the State suggests that the DOT is currently forming new procedures with
regard to the number of curb cuts that will be allowed. If the approved curb
cut is also to be used for assess by any future business, the proposed road
construction through the business zone should comply with the 28' wide
asphalt pavement section as shown in drawing 15-1 of the Highway
Specifications. The remaining residential roadway will need to be a 16' wide
stone blend section as shown in drawing 15-4.
2. The drainage calculations are sufficient to handle the runoff from the
proposed road with the following exception. Catch basins # 1 &2 call for three
(3) twelve (12') foot deep leaching pools. The basins have been designed
with an invert grate elevation of 8.79'. A test hole was not provided, but it
appears that the proposed leaching pools will be substantially down below
the water table. An additional number of shallower pools should be provided
that will meet the minimum requirements established in the drainage
calculations. The bottom of the pools should be a minimum of two (2') feet
above the water table. Catch Basin #3 should also meet this criteria.
Page 1 of 2
./ ,-.
.
.
Richard G, Ward - Chairman
ALAN CARDINALE - Minor Subdivision
March 12, 1996
Page 2 of 2
3, The current Bond Estimate should be reviewed and changed to reflect the
drainage design modifications. Additional Bond Estimate items also appear
to have differences when compared to the actual construction items required
for the road. These items should also be revised.
If you have any questions concerning this report, please contact my office.
cc: Raymond L. Jacobs
(Superintendent of Highways)
-"a f3k
James A. Richter, R.A.
GEORGE RITCHIE LATHAM, JR.
BENNETT ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
.
PLANNING BOARD MEMBa
RICHARD G. WARD
Chairman
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Ft.brvqr'l 8, 19 "1G
James Richter, Road Inspector
Highway Department
Peconlc Lane
Peconic, NY 11958
Dea r M r, Richter:
The Southold Town Planning Board hereby refers the following application for
your review,
Application Name: _AJ4n ~~rJ;^,,/c
Tax Map No,: 1000- IZ'2.-3.1.~
Street Location: ;/.0(.5" fit!. 1.5
Hamlet Location: tt1, /f.-I-wk
Type of Application:
Sketch Subdivision Map <Dated / / )
Preliminary Subdivision Map <Dated / / )
I' Final Subdivision Map (Dated II / 8 / gel )
y Road Profiles (Dated I / 3<> / rt )
Grading and Drainage Plans (Dated / / )
Other (Dated / / )
Sketch Site Plan (Dated / /
Preliminary Site Plan (Dated / /
Grading and Drainage Plans (Dated / / )
;( Other pe, le*"- (Dated 7/LS / '9, )
Comments9h.~ (eo;,w (oc,G\ T\~,J Th,'~ "",bb"'l""" "c<iJfd o...?Q F:'..J 'W
~ ~Wt.~R -t~ ~ il ~~: So """e&.r "1(1 \.tJ~ u: ~(J/. . \...c.,s
1'e.-uI..o..A.at ",,,~:,;s:,,,,,.~ >1\"'es cl..",..'(<:) ......... or:g/ reo;"...), cU((",-" 71.",.."
Pw,,,\[l. \." -,<>,"'-. s::",,, ;;}._""" I,\. .... ....., c( ~~ I,''''''' ~J,c);+.'~ :""0 '
~.- r<\"'cW"~: 1_ I...> (orr~7~, ~Q,
Contact person: Nf>9:...ssA-. S?~
,
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SERVI"TIrI'f@
.
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HENRY E. RAYNOR
PO BOK 1459
320 LOVE LANE
MATTITUCK, N.Y. 11952
516-298-8420
516-298 2127 (FAlO
FEB. 8, 1996
TO: SOUTHOLD TOWN PLANNING BOARD
RE: CARDINALE MINOR - JAMES CREEK
ENCLOSED HEREWITH ARE THE REVISED MAPS, WITH THE CORRECTION
ON THE NEW ROAD PROFILES AS AMENDED BY HIGHWAY SPECIFICATIONS
IF YOU HAVE ANY QUESTIONS, PLEASE CALL.
PLEASE LET ME KNOW IF THIS IS SATISFACTORY TO THE BOARD AND I
WILL GET THE SCDOHS STAMP UPDATED.
THANK YOU.
~'~;;P-0)--ii"r:"i- :-r',":,
-r 'n le ,,1/ It., In'
OJ r~'"'-"-"--"'-""-, . 'l ,
Ui FEB 81996 )1
L__.___..-i JI
SOlHHOLD mVii~
PLMIN!,IG BOARD
.
.
~
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RAVNOR-SUTER HARDWARE INC.
320 lOVE LANE
I'IATTlTUCK, N.V 11952
PHONE 51~-298-84a0
FAX 516-298-2121
"" 7 I I
/J.;lF"
DATE <6( 1-(9 J--
TO: ~~ S~v{{)
FA"" f1.~ r~r
RE: ~ ~L
~~ ~V>rr ~ fh>v~,~
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UU AUG 7 1995 W
SOUTHOlD TOWN
PlANNING BOARD
ANY OF THE ABOVE INFORMATION NOT CLEAR, PLEASE CriLL AT ONCE.
.
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Orlowski, Jr.
Marl< S. McDonald
Kenneth L. Edwards
~T~~
p~~ ~UFFOl.t Cl~
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.
PLANNING BOARD MEMBERS
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New Yorl< 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 25, 1995
Hen ry E. Rayno r
320 Love Lane
Mattituck, New York 11952
RE: Proposed Subdivision for
Alan Cardinale (a.k.a. James Creek)
Mattituck
SCTM# 1000-122-3-1.4
Dear Mr. Raynor:
The following items must be addressed prior to the scheduling of
the final hearing for the above mentioned subdivision:
B.
(6) final maps and two (2) mylars must be submitted.
maps must include:
A current stamp of approval from the Suffolk County
Department of Health;
The liber and page number of the recorded Declaration
of Covenants and Restrictions;
The location of the firewell;
The 75' wetland buffer area must be marked as the "75'
wetland buffer area."
1.
Six
All
A.
C.
D.
2. The Highway Specifications have been amended since the road
layout was designed for the subdi~ision. The current
Highway Specifications require a 16' wide pavemen.t width
(Drawing No. 15-4) for roads servicing 3 to 4 Jots. I have
enclosed a copy of the specifications for your convenience.
If your cl ient wishes to amend the road, revised road and
drainage plans are required. Please advise how your client
wishes to proceed.
3. The information listed below must be added to the
Declaration. A revised draft must be submitted prior to the
scheduling of the final hearing.
A. There must be a statement allowing Lots 1 and 2 access
over the right-of-way and accompanying road, which is
owned by Lots 3 and 4. The Declaration must address
future maintenance of the right-of-way and road after
it is constructed.
- .)"'""""----......- ....
.
.
Alan Cardinale (a.k.a. James Creek)
July 25, 1995
Page 2
B. The following paragraphs must be added:
The declarant grants the continuing right in
perpetuity to the Town of Southold or any of its
designated representative to inspect any areas
designated as buffer areas so as to insure continued
compliance with the covenants, terms and provisions
designated herein in regard to same and to insure that
such covenants, terms and provision have not been
violated.
Declarant grants the continuing right in perpetuity to
the Town of Southold or any of its designated
representatives, or any owner of the property
contained in Schedule ( ), to enforce the conditions
and restrictions of the covenants and to take any
legal action it deems necessary to enforce the
conditions and restrictions of the covenants. These
rights of inspection and enforcement shall be binding
upon dec I arant, the i r he i rs, executors, 1 ega I
representatives, distributees, successors, assigns and
transferees.
Upon submission of the above mentioned information, the final
hearing will be scheduled.
Please contact me if you have any questions regarding the above.
5;~2;, ~
Mel isscr5pur
Planner
enc.
.
.
I AI08-15
SOUTHOLD CODE
I AI08-15
MhWaum RlPt-
Nw:a.buof:Lot.l ot.WayWldtb Ro.d Width
-by..... _D-.< (f_1 (1_1
R.l20.R-200arld ,...,
R400l
".. AIlRDiatriebl 25' ,....
(A-G.R-40.&.80, (DrawincNo.
R-120.1l-200Uld '5-4l
R400l
Saodowrr A-C,R-4o..R-80, 50 24
&-120, AHD IInd HD (D~wiD&'No.lS.21
5aad~ AllRDiRri~ 50 J6'
(WbmdtmKopedllC (Drawing No.
a don:Iaity ofR-200 '''''
~_,
,....- All BwIinesa, Marine 50 28
aadlndWltrial. (Dra...mcNo.
DiRriet1llRR. RO, 15-11
LB. HB. B. MI. MD.
LIO' and IJ4)
TOWN OF SOUTHO~D
STANDARO STONE BLEND ROADWAY
~lI.1g"t_Of_W&Y
r--- 25'
I
I
12' .6"
~,.'''''_.,~.,~
I I
I
12'-&"
8'-0"
"-I)"
t'-6"
)'-0"
16'-0" lOAllS&C"l:ION
)'_0"
l'-6"
NOTES:
I Wh_the potomWl to l'WIIbdivide inw. totaioifive Us) or more lote aia1a or tlwnmd
prvvideI __ w five (6) or 1llOrlI lor... whether ra.. loti! are part of the ~
subdi..manDrlMK,afif'ty-laocri&ht..ol-......,.al:u.llbereqUitwd.
1 Upon the ~.tion of the Plamrin( Boani. the SuperiDtemlwt oi Higbw.ye al&Y
require wider:roads wba tIM powntial for ~bdivision ..a.u or me [Oad MIVi_ more
thanftvet61lotll (_ olwhicbtuybeoualide thesubdivUlUmI. It the propoeed ro.d
ODIUlllCD with an aiHin; pav.d ~ aueb road.nail conform with the specificatiorlllli8ted
b.ein.~i.areatllr.
,-""""
l,;":l' (cypic:d
\:":1'
'OD...etteparkingilrequired.
General. ~. On-aite pading ia required for all lote in all SQbdivUIioUII amtaining Nad.lI
.nth 1_ than. 1:We1lty-eight-faoc-wide pa_t suriace. No 0"'''- ~ will be
-....
B. A fifty-foot right...()f-way with a minimum pavement
width of twenty-four (24) feet shaH be required. for
dedication to the Town. See Drawing No. 15_2.2
SLOPE.I:J
11A.X.rG
EXISTUlC
"-"',
L.:....::
TO'SOIL
"'''
a.uU>
.""'"
""".
2" COH'ACi'Ell W!Al.lli'C COIlllSE
J/4"STQIiEBUllO
FINEGIWlE
6" COKPACTEDBASECOUIlSE
C:lSTIllCL\lIJC:.tIl!lO"01'llU
SUIT....LE~1'Elt1AL
3nu.eo~c:Qon type is not atlIlBPUble for dedication \lo th.TrnrnolSoo.ltbold.
'r~.nd -=
~""IJ':
JAKES 4. narD.
....:a=
lfOSGU.E
Allprcwed By
S~t""_t of I1cbwYs
~...~.
LUJIJHD I.. JAl:OlIS
Aorill0
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19U
.......
......
15-4
\1 '&d1tor'.N_StaodardDrawtDcNo.lli-a.iDehldedattbe~~tIlbIdulpCeI'.
AI0812
6_:\li_1IS
6_ZS_IS
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.
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.
.,
.
THE SUFFOLK COUNTY NATIONAL BANK
6 WEST SECOND STREET' P.O. BOX 9000' RIVERHEAD. NEW VOR~ 11901-9000' (5161727-2701 . FAX (516) 727-5796
July 22, 1995
Town Board
Town of Southold
Southold, New York 11971
Re:
Performance Bond -. $78,780.00
Alan Cardinale Minor Subdivision
SCTM 1000-122-3-1.4
Letter of Credit No. 950722
00
JUL - 7 1995
rn@rnuwrn
rn
Dear Board Member:
By order of Alan Cardinale, and for the account of same,
we hereby establish this Irrevocable Letter of Credit in your
favor up to an aggregate amount of Seventy Eight Thousand
Seven Hundred Eighty and 00/100 ($78,780.00) U.S. Dollars
available by your drafts at sight accompanied by this
original Letter of Credit.
A copy of a resolution of the Town Board, certified by
the Town Clerk, which indicates:
"Alan Cardinale has failed to complete all of the
improvements in connection with the subdivision map entitled
"Alan Cardinale Subdivision" heretofore approved by the
planning Board of the Town of Southold, and that as a result
of said failure, there is due and owing an amount equal to
the face amcunt of our'draft. Said resolution should also
indicate that the amount drawn hereunder is for the sole
purpose of completing those items of imp~ovement which were
to have been completed by Alan Cardinale."
This Letter of Credit remains in force and must be
presented for payment at our counters no later then July 22,
1996. All drafts drawn hereunder must be negotiated on or
before that date.
Each
Credit of
,July 22,
Credit.
draft must state that it is "Drawn Under Letter of
The Suffolk County National Bank" No. 950722 dated
1995 and this amount endorsed on this Letter of
.
(f)
.
.
THE SUFFOLK COUNTY NATIONAL BANK
Letter of Credit No. 950722
Page Two
We hereby agree with the drawers, endorsers and bona
fide holders of drafts drawn under and in compliance with the
terms of this Letter of Credit that such drafts will be duly
honored upon presentation to the drawee.
Except as otherwise expressly stated herein, this Letter
of Credit is subject to the Uniform Customs and Practice for
Documentary Credits (1993 Revision) International Chamber of
Commerce Publication No. 400.
This Letter of Credit replaces No. 940722.
Sincerely,
~0v);J1 d4{~~
pe~~ Almasy, V.P V'
The Suffolk County National Bank
.
.
~
M5
Town Hall Pb
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
Albert J. Krupski, President
John Holzapfel, Vice President
William G. Albertson
Martin H. Garrell
Peter Wenczel
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIIOLD
FROM:
Melissa Spiro, Planning Board
Albert Krupski, Board of Trustees~\
Minor Subdivision James Creek ~
Alan Cardinale
SCTM #1000-122-3-14
TO:
RE:
DATE:
June 22, 1995
I have reviewed the proposed C&R's for the Minor Subdivision for
Alan Cardinale. I have also reviewed the old letters in the file.
My main concern is that there be no turf grass areas within the
75' buffer area. As stated, the applicant may apply for other
landscaping if they feel it necessary for property protection.
(Rosa Rugosa, American Beach grass, etc.)
While #13 is unenforceable, it will certainly serve as a guide
for future inhabitants of the site who wish to keep James Creek
healthy.
{, ):1."1\95
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JUN, 2 3 .
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Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Ortowski, Jr.
Mart< S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New Yort< 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD MEMBERS
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
CERTIFIED MAIL
June 2, 1995
Alan Cardinale, ESQ.
P.O. Box 77
Mattituck, NY 11952
Re: Performance guarantee for Cardinale Subdivision, Mattituck, New York
SCTM# 1000-122-3-1.4
Dear Mr. Cardinale:
The performance guarantee for the minor subdivision of Alan Cardinale (Irrevocable
Letter of Credit # 940722 with the Suffolk County National Bank) is due to expire on
July 23, 1995.
Since improvements have not been completed, you must extend the guarantee for
at least another year. An extension of this guarantee must be submitted to this
office before the expiration date.
Due to the timing of the Town Board's meetings, if the extension is not received by
Noon of July 10, 1995, there will be a resolution before the Town Board at its
July 11, 1995 meeting to authorize the Town to draw on the Letter of Credit if the
extension is not received by Noon of July 19, 1995.
If you have any Questions, please contact the Planning Board office.
Sincerely,
1jJ~ ~
Melissa Spiro
cc: Thomas S. Kohlman, Sr. VP, Suffolk County National Bank
Judith T. Terry, Town Clerk
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Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennel1 Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
At.
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TO:
Albert J. Krupski, Jr.
President, Board of Trustees
FROM:
Melissa Spiro ~
Planner
RE:
Proposed Minor Subdivision
James Creek (a.k.a. Alan Cardinale)
SCTM# 1000-122-3-14
DATE:
February 15, 1995
Enclosed please find a copy of the map dated November 8, 1989
for the above mentioned subdivision. The applicant has recently
decided to proceed with the subdivision after a period of
inactivity.
Before the inactive period, the Planning Board was working with
the applicant and the Trustees on revisions to the proposed
Declaration of Covenants and Restrictions. I have enclosed some
of the correspondence in regard to the review of the Covenan~s
and Restrictions. Most of the correspondence is contained in
your files also. The applicant recently re-submitted the old
Declaration Covenants and Restrictions. I would like your
comments in regard to the draft. Please feel free to discuss
this matter with me.
In addition, please verify the location of the wetlands. Since
much time has passed since the Trustees reviewed this site, I
feel that additional review is warranted.
enc.
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COVENANTS & RESTRICTIONS
THIS DECLARATION made this
day of
, 1990, hv
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Alan A, Cardinale, residing at Main Road, Mattituck, New York,
hereinafter referred to as the Declarant, who, as the owner "r
premises described in "Schedule A" annexed hereto desires to
restrict the use and enjoyment of said Premises, and has for
such ~urposes determined to impose on said Premises covenAnts
and restrictions and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of SOllthn' ,I
Planning Board for approvat of a subdivision wherein Premi"es 'I'
"Schedule A" would be designated Lot 64 and Premises at
"Schedule B" represent the entire premises which are the s"hip, I
of the four-lot subdivision.
2. As a condition far approval, acceptance and filing hv
the Town of Southold Planning Board of such subdivision, the
Declarant agrees that upon acceptance and filing of such mlnnr
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule An
premises is designated Lot '4) Declarant shall promptly mAke
~:.,
application for a subdivision of that portion of "Schedllle An
Premises lying in the B.(Business) Zoning. Use District from thol
portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide two seporat"
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and distinct building lots, each located fully within its
respective Zoning Use District.
3. The following terms and conditions shall apply to ~11
land lying within the 75-foot setback area from the wetlanrl~ ,."
Lots I, 2 and 3.:
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a)
No structure or building shall be placed within
the setback area.
The terms "structure" and "building" shall
interpreted as including swimming pools. patios, storage builrl~
ings, structures for the housing of domesticated animals,
hon'.
or other trailers, recreational vehicles, retaining walls
Oll()
bulkhead but shall not include walkways and decks provided all
required.governmental permits are obtained.
b) The buffer area which is defined as the 75 fooL
setback area referred to above and shown on the subdivision mnp
to be filed shall remain in its natural state. It shall not hB
cleared of the indigenous vegetation of the area, nor shall IL
be planted with grass or mowed.
c) The buffer atea shall not be filled with either
soil, sand, or other debriS, including brush.
d) The buffer area may be traversed by a walkway,
whether elevated or on the ground, provided proper wetland
permits can be obtained from the applicable agencies, which may
include the Board of Trus~ees and the New York State Department
of Environmental Conservation.
e) Any disturbance to the land within the buffer area
r
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sh~ll be redressed by ~he t.storstion of said land to its pri~r
natural state.
f) No provision herein will limit the owner's right
and privilege to make special application to the governing
environmental authorities for the purpose of constructing
required protective structures and landscape to assure again~t
damage or diminished value to the property. Upon receiving tho
appropriate approvals, the allowable protective structures Anrl
landscape may be put in place without disturbance.
4. No lot line shall be changed in any manner at any
future date unless authorized by the Town of Southold Planning
Board.
S. There shall be no further subdivisions of Lots Numh",."!
I, 2 and 3 in perpetuity.
6. Clearing and grading within each lot shall be limit"rl
to that necessary for siting and constructing a house with th"
intent of preserving as much of the natural vegetation on th"
site as possible and mini~izing stormwater runoff and erosion.
7. No driveway or entrsnce road on Main Road or on the
proposed toad shaH be located within 50 feet of the ends of th"
short radius curve connecting the southeasterly side of Main
Road with the northeasterly side of the proposed road.
8. All stormwater runoff resulting from the development
and improve~ent of this ~ubdivision or anj of its lots shatl b"
retained on the site by adequate drainage structures so th~t II
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will not flow out onto the tight-of-way of Main Road.
9. No new residential structure shall be constructed or
otherwise located within 75 feet of the upland edge of the
wetlands or the shorelirie d~0ames'Creek. and no new sanitary
disposal facilities shall be constructed or otherwise locate~
within ,100 feet of the ,upland edge 'of, the wetlands or the
shoreline of Ja~es Creek.
10. No stormwater runoff resulting from the development nn~
improvement of the subdivision or any of its lots shalf be dl~-
charged into the tidal wetlands within the parcel nor into Jam".
Creek.
11. Erosion and sediment control measures shall be require"
dutirtg and immediately after construction on each lot to insnre
that stormwater runoff will not carry, eroded and other deleteri-
0us materials into James Creek and the tidal wetlands borderinM
the creek.
12. All prospective owners of lots within this subdiv;"ion
are advised that this subdivision is located within one mile "f
Mattituck Airport and, therefore, may be subjected to noise em"
nating from the facility and from aircraft flying overhead or
nearby.
13. In regard to Lots 1, 2 and 3 and the R-80 zoned pori. i 011
of Lot 4. there shall be no use of inorganiC fertilizer
materials or plant species acknowledged to require large am!)nn',
of nitrogen fertilizers.
.....
14. Covenants and restrictions herein can be modified only
at the request of the then owner of the premises with the
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approval of a majority pius dhe of the T_.._ D
J-e.w Planning
Board of the Town of Southold after a public hearing. Adjoinin~
property owners shall be entitled to notice of such public
hearing but their consent to such modification shail not be
required.
ALAN A. CARDINALE
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the day of
Alan A. Cardinale, to me known
and who executed the foregoing
he executed the Same.
.
. 1990, before me personally came
to be the individual described in
instrument, and acknowiedged thaI
Notary Public
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SubALb
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TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTT L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIIOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
TO:
Bennnett Orlowski, Jr.
Chairman, Planning Board
John M. Bredemeyer, III ~~
President, Board of Trustees~
FROM:
RE:
Covenants and Restrictions for
Alan Cardinale, James Creek
SCTM #1000-122-3-14
I reviewed your memo of August 28, 1991 with the Trustees at our
October 3, 1991 meeting and offer the following:
The Board of Trustees agree with the Planning Board that
paragraph 3F should be removed. I stand corrected and in the
minority as the only member on the Board which has no problem
with this section. The Board is not prepared to make a general
statement as to an owners right "required protective
structures". They believe in a case by case review of these
matters. Since the site in question is considered "stable",
they foresee no practical need for this language. I am not sure
if Mr. Cardinale's fears will be assuaged by the fact that the
bog and wetlands at the lead of creek such as this will likely
be stable over geological times, but this is nevertheless, the
expectation of the Board.
With respect to paragraph number 13, the Board has not recently
discussed this at length, but has long agreed that language on
fertilizers is very difficult if not entirely unenforceable.
Possibly the owners would wish to consider language clarifying
plants species not requiring large amounts of fertilizer such as
"lawns of fescue or similar grasses" and landscaping plants of
indigenous species such as bayberry, rhododendrons etc."
I believe the Board is comfortable with any reasonable language
which will discourage the "chern lawn" approach to landscaping.
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SOUTHOLO TOVlN I
PLANNING BOARO
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PLANNING BOARD MEMBERS
Bennell Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOD L HARRIS
Supervisor
":
Town flail. 53095 Main Road
P.O. Box 1179
Soulhold. New York 11971
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Fax (516) 765-1823
March 26, 1991
Alan Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, New York 11952
RE: Minor subdivision for
Alan Cardinale
James Creek
SCTM#1000-122-3-1.4
,
Dear Mr. Cardinale:
The Planning Beard and the Town Attorney have reviewed the
draft Declaration:of Covenants and Restrictions for the above
mentioned subdivision.
Please revise the draft as follqws (numbers are in
accordance with the numbers of the draft):
3f - This subsection seems to contradict the restrictions
set forth earlier in the declaration. The Board wants
this section to be deleted.
9 - The Planning Board and the Suffolk County Planning
Commission requested a 100 foot setback.
The Board will accept a 75 foot setback in reference
to residential structures only. The statement in
reference to sanitary disposal facilities should be
left at 100 feet, particularly since this is a
requirement of the Suffolk County Department of Health
Services.
13 - This section is to be rewritten to reflect the Board
of Trustee's prohibition against all managed turf and
plants requiring fertilizer, whether organic or
inorganic.
14 -
This section is to read "
the Planning Board...".
include the Town Board.
a majority plUS one of
This paragraph is not to
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Also, Schedule A is to refer to the IT1;:lP entitled, " :.~inor
Subdivision Plan prepared for Alan Cardinale." The map is no
longer entitled "Mohring Enterprises."
In addition, the 75 foot buffer area is to be shown on the
final maps.
Please submit a revised draft for the Planning Board's
review.
Very truly yours,
1it,,,,,dla~~\;1. m'
Bennett Orlowski, Jr. ~
Chairman
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(5/6) 122-4N4
7(u' (516) In..U77
August 21, 1991
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Mr. Bennett Orlowski, Chairman
Southold Town Planning Board
Town Hall
P.O. Box 1179
Southold, NY 11971
Re: March 26, 1991 letter, copy attached
Dear Mr. Orlowski:
I enclose covenants and restrictions with requested
modifications.
Please note however that the modifications requested
at paragraph 3F and paragraph 13 have not been implemented
based upon a confererce with John Bredemeyer on Friday,
August 2, 1991.,
At that time, Mr. Bredemeyer reviewed the language
included at 3F (which incidentally had always been included
in the proposed covenents without any previous objections)
and indicated that as the language was limited to "required
protective structures and landscape" he saw no problem with
the language and, in fact, supported its inclusion.
Similarly, as to the modification requested at
paragraph 13, Mr. Bredemeyer reviewed the language in the
covenants, which he had himself approved some months ago in
telephone conferences with me, and reiterated that the
existing language was more than satisfactory to him.
I therefore request that you promptly confirm the
above with Mr. Bredemeyer and then immediately forward me a
letter approving the covenants as herein proposed and set
forth (see copy attached).
Thank you for your anticipated prompt attention.
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Sincerely,
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P~~~ C~I;^LE
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rLANNINU UoAIUJ MI'.~IIIERS
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lIl"nneu O.-lnwsld, Jr.. Clmirrmm
(Jl"Ur~t. fl.ih"hk J .lIlhilln, Jr.
Rklmfd O. \ViucI
Mink S. MCJ)..nllhl
Kenneth L Ec..!wlllds
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SUI'l'IVi"I1'
PLANNING O(JAtW OJ'FleE
TOWN OF SOUTIIOLO
",,' (~Il,' 765-IKB
March 26, 1991
Alan Cardinale
P.O. BOl( 77
Mattituck Shopping Center
Matl::ituck, New York 11952
RE:
'---Mii16i-stihdi'vision for
JUan Cardinale
J<1rnes Creek
SCTMMIOOO-122-3-1.4
Dear Mr. Cardinale:
,<
'the Planning Board and the 'rown 1\1:: torney have reviewad thc
draft Declaration of Covenants and Restrictions for the above
mentioned subdivision.
Please revise the drafl as follows (numbers are in
accordance with the numbers of the draft):
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This subsection seems to contradict the restrictions
set forth earlier in the declaration. The Board wants
this section to be deleted.
The Planning Board and the Suffolk County Planning
Commission requested a 100 foot setback.
The Board will accept a 75 foot setback in reference
~o re~identia1 structures only. The statement in
rel'ercncc to san~_(_Usposal fac~li~i~~ should be
left at 100 feet, part1.cula~lf\ce thJ.s is It
requirement of the Suffolk County Department ot Health
Setvices.
13 - ,Jhis sccHol1 1s to be rewrl t ten to reflect the Board
\~" /\01' 'rtustee' ~ prohibition against all managed turf and
10 .,J\.:t plants :o<;l\1lting .tertilizer, whether organic or
~:r\r ihorgill11c:
14 - This section is to road II
I:he Planning Board... ".
include the Town Doard.
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a majority plus one of
This paragraph is not to
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O' .langel' entitled "I~ohdl\g Enterprises."
'. ,\
J il In Addition, the 75 foot. buffer area is to be nhowli on the
(lVL final maps. _
.~~ Please submit a revised draft for the Planning Board's
<1/ review.
Very truly yours,
12:"", (-d(.-'/;~t1I.(.. /1,,,
Bennett OrloWSki, ~: . 5
Chairman
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COVENANTS & ~ESTRICTIONS
THIS DECLARATION made this
day of
1990, hy
Alan A. Cardinale, residing at Main Road, Mattituck, New York.
hereinafter referred to"as the Declarant, who, as the owner of
premises described in "Schedule A" annexed hereto desires to
restrict the use and enjoyment of said Premises, and has for
such purposes determined to impose on said Premises covenants
and restrictions ,and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southold
Planning Board for approval of a su~division wherein Premises al
"Schedule An would be designated Lot "4 and Premises at
"Schedule B" represent the entire premises which are the subject
of the four-lot subdivision.
2. As a condition for approval, acceptance and filing by
the Town of Southold Planning Board of such subdivl~ion, the
Declarant agrees that dpon acceptance and filing of such minor
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A"
premises is designated Lot '4) Declarant shall promptly make
application for a subdivision of that portion of "Schedule A"
Prel,tiSes lying in the B (Business) Zoning Use District from thai
portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide two separalp
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and distinct building lots, each 10cated [ully within it~
respective Zoning U~e District.
3. The following terms and conditions shall apply to al I
land lying within the 75-foot setback area from the wetland~ on
Lots I, 2 and 3.:
a) No structure or building shall be placed within
the setback area. The terms "structure" and "building" ~hali bn
interpreted as inciuding swimming pools, patios, storage build-
ings, structures for the housing of domesticated animals, boat
or other trailer~, recreational vehicles, retaining walls and
bulkhead but shall not include walkways and decks prowided all
required governmental permits are obtained.
b) The buffer area which fs defined as the 75 foot
setback area referred to above and shown on the subdivision map
to be filed. shall remain in its natural state. It shall not be
cleared of the indigenou~ vegetation of the area, nor shall it
be planted with grass or mowed.
c) The buffer area shall not be filled with either
soil, sand, or other debris, including brush.
d) The buffer area may be traversed by a walkway,
whether elevated or on the ground, provided proper wetland
permits can be obtained from the applicable agencies, which may
include the Board of Trustees and the New York State Department
of Environmental Conservation.
e) Any disturbance to the land within the buffer area
t,"
-
shal1 be ..sed by t:he testoratiOn.fe.id latHI to its
print"
natural state.
,"
f) No provision herein ......i11 limit the o~"'nerl!=: ri~ht
and privilege to make special applicatioo to the governing
environmental authorities for the purpose of constructing
required protective structures and landscape to assure against
damage or diminished value to the property. Upon rec~iving th~
appropriate approvals, the allowable protective structures and
landscape may be put in place without disturbance.
4. No lot line shall be changed in any manner at any
future date unless authorized by the Town of Southold Planning
Board.
5. There shall be no further subdivisions of Lots fiumber~d
1, 2 and 3 in perpetuity.
6. Clearing and grading within each lot shall be limited
to that necessary for siting and constructing a house with the
intent of preserving as much of the natural vegetation on the
site as ~ossible and minimizing stormwater runoff and erosion.
7. ~o driveway or entrance road on Main Road or on the
~ro~osed ~oad shall be located within 50 feet of the ends of th~
short tadius curve connecting the southeasterly side of Main
Road with the northeasterly side of the pro~osed road.
8. All stormwater runoff resulting from the development
and improvem~nt of this subdivision or any of its lots shall be
tetain~d on t:he sit:e by adequate drainage structures so that it
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wil1 not
fl..!t onto the right-of-wn'o~lnin
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9. No new residential strllctllr" shn11 h" rr"l';trllct"d 'lr
otherwise located within 7) feet of the upland edge of the
wetlands or the shorcli/lc or .lamps Creek, and no new snnLtarv
disposal facilities shall be constructed or otherwise locate~
within 100 feet of the lIpland edge of the wetlands or the
shoreline of James Creek.
10. No stormwater runoff resulting from the development and
improvement of the subdivision or any of its lots shali be dis-
charged into the tidal wetlands within the parcel nor into James
Creek.
11. Erosion and sediment control measures shall be required
during and immediately after construction on each lot to insure
that stormwater runoff will not carry eroded and other deleteri-
oUS materials into James Creek and the tidal wetlands bordering
.<
the creek.
12. All prospective owners of lots within this subdivision
dte advised ~hat this subdivision is located within one mile of
Hattituck Airport and, therefore, may be subjected to noise ema-
hating from the facility and from aircraft flying overhead or
heathy.
Ij. In tegard to Lots I, 2 and 3 and the R-80 zoned portion
of Lot 4, there shall be no use of inorganic fertilizer
mdtetials or plant species acknowledged to require iarge amounts
of nitrogen fertilizers.
14. Covenants and restrictions herein can be modified only
at the request oE the then owner of the premises with the
, ,
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,
SUBMISSION WITHOUT COVER LETTER
DATE: ~301 '1,-/
SENDER: A-let.r I '"0
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SUBJECT: 3",,,,v;, c.<~k
SCTM#: \22..-3 _ I, ~
COMMENTS: 2 I.
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SOUTHOI.D TOWN
PLANNING BOARD
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CoVENANtS & REStRICTIONS
tHIS DECLARATION made this
day of
, 1990, hy
Alan A. Cardinale, residin~ at Main Road, Mattituck, New York,
hereinafter referred to as th~ Declarant, who, as the owner of
premises described in "Schedule A" annexed hereto desires to
restrict the use and enjoyment of said Premises, and has for
such purposes determined to impose on said Premises covenants
and restrictions and does h~reby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southol~
Planning Board for approval of a subdivision wherein Premises "I
"Schedule AU would be deslgnat~d Lot 64 and Premises at
"Schedule B" represent the entire premises which are the suhje'l
of the four-lot subdivisiow.
2. As a condition fOr approval, acceptance and filing hy
the Town of Southold Plannln~ Board of such subdivision, the
f
Declarant agrees that upon acceptance and filing of such minor
stibdivision of tal Lot 100d~122-03-1.1 (in which "Schedule A"
pre~ises is designated Lot '4) Declarant shall promptly make
application for a subdivision of that portion of "Schedule A"
Pretnises lying in thl! 1l'.(lluslne!ls) Zoning Use District from that
portion of thl! "Sch~dule AU Pretnises lying in the R-80
(Re~idential) ZOhln~ Use nl~ttlct so as to provide two separate
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AUG 3 0 1994 LJ;
SOUTHOLO TOWN
PlANNING BOARD
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and distinct building 10tSl each located fully within its
respective Zoning Use District.
3. The following terms snd conditions shall apply to all
land lying within the 7S-foot setback area from the wetlands nn
Lots 1,2 and 3.:
a) No structure or building shall be placed within
the setback area. The terms "structure" and "building" shall he
Interpreted as including swimming pools, patios, storage bulld-
Ings, structures for the housing of domesticated animals, hOAt
or other trailers, recreatidnal vehicles, retaining walls and
bulkhead but shall not include walkways and decks provided all
required-governmental permits are obtained.
b) The buffer area which is defined as the 7S foot
setback area referred to above and shown on the subdivision map
to be filed shall remain in its natural state. It ahall not be
cleared of the indigenous vegetation of the area, nor shall it
be planted with grass or mowed,
c) The buffet area shall not be filled with either
soil, sand, or other debri~l including brush.
d) The bUffet atea may be traversed by a walkway,
whether elevated or on the ground. provided proper wetland
permits can be obtained froM the applicable agencies, which may
include the Board of Trus~ees and the New York State Department
of Environmental Conservation.
e) Any disturbanee to the land within the buffer area
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sh~ll b~ r~dr~ssed
.
by ~h@ t@A~ordtion of
said lsnd to its prinr
natural state.
f) No provision herein ~ill limit the owner's right
and ~rivilege ~o make s~ecial application to the governing
environmental authorities for the purpose of constructing
required protective struc~ures and landscape to assure againAt
damage or diminished value ~o the property. Upon rece,iving thp
appropriate approvals, the allowable protective structures and
landscape may be put in place without disturbance.
4. No lot line shall be changed in any manner at any
future date unless authori~ed by the Town of Southold Planning
Board.
5. There shall be no further subdivisions of Lots Number""
1, 2 and 3 in perpetuity.
6. Clearing and grading within each lot shall be limited
to tha~ n~cessary for si~ing and constructing a house with the
intent of preserving as much of the natural vegetation on the
site as possible and minimizing stormwater runoff and erosion.
7. No driveway or ~n~rant~ road on Main Road or on the
proposed toad shall b~ 10tAted ~ithin 50 feet of the ends of thn
short radius curve connec~in8 the southeasterly side of Main
Road wi~h the northeasterly aid~ of the proposed road.
8. All stormwa~~r runoff r~sulting from the development
.,"....
and im~rov~m~nt of this subdivision or any of its lots shall be
retained on ~he si~e by ad@qudte drainage structures so that it
."
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will not flow out onto the right-of-way of Main Road.
9. No new residential structure shall be constructed or
otherwise located within 75 feet of the upland edge of the
wetlands or theshore1ifiedHlflJames'Creek. and no new sanitary
-disposal facilities shall be constructed or otherwise located
withiil rlOO feet of tire, upland, edge 'of, the wetlands or the
shoreline of Ja~es Creek.
10. N~ stormwater rurtoff resulting from the development And
improvement of the subdivision or any of its lots shalf be diq-
charged into the tidal wetlands within the parcel nor into JAm~~
Creek.
11. Erosion and sediment control meaAures shall be requirell
during and immediately after construction on each lot to insnre
that stormwater runoff will not carry, eroded snd other deleteri.-
ous materials into James Creek and the tidal wetlands bordering
the creek.
12. All prospective owners of lots within this subdivision
are advised that this subdivision is located within one mile of
Mattituck Airport artd, therefore, may be subjected to noise emn
nating from the facility and from aircraft flying overhead or
nearby.
13. In regard to Lots 1, 2 and 3 and the R-80 zoned porlion
of Lot 4, there shall be nn use of inorganic fertilizer
materials or plant species acknowledged to require large amounts
of nitrogen fertilizers.
'-"
14. Covenants and restrictions herein can be modified only
at the request of the then owner of the premises with the
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lipprov!l1 of Ii majority pius 6tll! of the T_.._ n
j ... Planning
Board of the Town of Southold after Ii ~ublic hearing. Adjoinln~
property owners shall be entitled to notice of such public
hearing but their consent to such modification shall not be
required.
ALAN A. CARDINALE
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the day of . 1990. before me personally came
Alan A. Cardinale, to me known to be the individual described in
and who executed the fotegothg instrument. and acknowledged that
he executed the Slime.
Notary Public
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. '\ i' "dellc!t'ipH~h of LCl~ ~ U '!lhowli bh a /mil enUI:.1E!d, "I-Unol' '
SUbdivision !'lan prep!\l'IlJd tor llohl'blg ~~'l'pt'l...tl. II _." at MattHuck,
Town of Southold, SUffolk County, New York.
, Beginning at a point formed by thE! intersection of the easterly line
of Main Road (N.1.s, Rte. 25) with the 80utherly line of land of Peteco
Realty Co., Which poiht is the following coUrses and distances as measured
along the easterly line of said Main Road from the southerly line of New
Suffolk Avenue:
(1) South 22. 18' 110" West 180.~8 feet,
(2) South 30. 06' 10" West 100.00 feet; and
running thence from said point of beginning easterly Bnd northerly B~ong
the land of l'eteco Really Co. the following courses and distances:
(1) South 83. 11' 50" East 313.77 feet,
(2) North 30. 06' 10" East 100.00 feet to the land of Tom's
Dream, Inc.; ,
thence South 836 11' 50" East along ~he lands of Tom's Dream, Inc. and
of alenn a. & Louise a. Hunn 22~.~1 feetl
thencE! South 1" 04' 110" liest continuing along the land of Olenn G. &
Louise B. Hunl1 362.00 feetl
thence westerly Bnd southerly throUgh the land of Mohring Enterprises,
Inc. the following coUrses and distanceSl
(1' North ~W ~5' 20" West 251.611 feet,
(2) South 32" 08' 20" West 21!).71 teel; to the land of Paul Lucas;
thence North 51" 51' ~o" West alt>tlg the land of !'nul Lucas I a right of
way, of l'aul and Helen Lucas and ot Wal~e~ Grabie, Inc. ~93.~1 feet to a point
in the east~rly line of said Hain ~oad;
thence northerly along the eas~e~lY line of said Main Road the following
coUrSes and distanceSl
(1) North ~~" ~61
(2) No~th 378 01'
(3) North 30. 06'
beginning,
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50" I?;\s~
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110.00 tE!E!l;,
103.2j teet,
60.00 teel; to'the point or place of
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l.~.th.ll!etl:.ll II Pl~h~" II ' fiud lht'huildlnll"
IA. 1.~td~tM'Rt. thlftll~ trltted, .itultl, lylRI 8ftd beinain It
ltitutk, 'tlVR tlt Stluthold, Cbuhty tlt Sutttllk 8nd State of New York,
.'lh' bbund@d end d@attib@d B~ ftlllbWel
.. BBUlhN1NG et e ~oint on the eaetetly aide of Main Road (Route 25)
, At th@ hbtlh.eeletly tbthet of the ~temiaea herein deacribed,
lrldjoi~inl lehd now ot fotmerly of Petectl ~eBlty Co. on the North;
~RUhh!n~ thence S1bh, aaid land hoW tlt ftlrmerly of Peteco Realty Co.,
Ithe followin8 two couraea Bnd dietahceal
't-. 1) Stluth 83" II' 50" Baat, 313,11 feetl
"Il;':- 2) Notth 30" 061 10" East, 100 feet to lend now or formerly of
f..': ., Meacioacia Bnd another I .
,. RUnning thente alohl aaid land and'land of Bhler9, South 830 11' 50"
BS8t, 224,41 feett
Running thence alon8 89id land of Bhlete, the following two coqrses
ud dilltllhcea!
.f 1) South 1~ 4' 40" West, 362.00 fe@tl
~.I'." 2) South 61644' 20" East, 248.84 feet to James Creek;
'~I .Running thence dltlna the edge ot JA~@I Creek by tie lines the'
J. fbllowing eighteencoutsl!B and dietlncell
I,; 1) Slluth 26~ .21' 10"Weet, 16.t:! fl!l!tl
~ i 2) South 246 00' 15!1. WeH, 141.51 feet I
" 3) Sduth 58 55' 25" West, 48.04 feetl
, 4) South 526 51' 55" Weat, 33,41 feetl
.' 5) sbuth 166 41' 50" W@lt, 100.~0 teetl
~ 6) Stluth j6 .12' 50" Ealt, 91.85 feetl
1::1 1) South 13' 121 50" Weat, g,63 hetl
. 8) Stluth 26 24' 30" Baat, 115.43 feett
9) sbuth 326 OS' 15" Weat, 50.15feetl
10) hbHh 5lJ' 3lJ' 15" Wnt, 1:J1.12 feetl
11) Ndtth 816 56' 40" Weat, 11&.25 te@tl
12) Ntltth 81~ 50' 20" Weat, 8j.86 fe@tl
13) N~tth 76' 061 55" We~t, 84.13 f@etl
14) h~tth 11' !4' 20" Weat, &0.82 feett
lS) Mdt~k 83' 20t 50" We~t, 118.01 fe@tl
1&) Ndt~h 118 lS' 45" Webt, &j.&l t@etl
11) ~outh 8S8 11' 15" W@nt, 81,31 fe@tl
18) Ntlt~h 14' 48' 45" W@Dt, 13.86 lent to land of Pantaleo;
Runhing ~heRt@ 81~hg ~aid 111ftd bl Vdft~dled bnd other8 North 48" 00'
",bO" ~18~, &ls.19t@@t ~d ~h@ ftbflh@dDt ttlrnet of lahd ot,Lucea;
~ ~', ltUftdRg ~h@lIt@ B1linR Bald hnd tll Lutu' lIhd tlther," Nbtth" 51 ,. 51' 40"
I;. "(!lt~, 568. 41 h@~ ld the etllltetl, 11h@ dt Mdn ~oad,' Route 2S;
!~~ RUhllillRthlftb@ 81bftS ~llid lin@ th. l611~wing three touraee and
. illl" dUURtU!
. 1) Not~h 448 5&' 00"
2) Nofth j18 01' SO"
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ALAN A CARDINALE/REAL ESTATE MANAGEMENT-INVESTMENT
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Company: TOWN OF SOUTHOLO [TOWNS]
Check No. 13302
Invoice
Number
Invoice Reference
Date
Invoice
Balance
Amount Total
Paid Deduction
Net
Paid
07/22/94
07/22/94 REFILE FEE
1500.00
1500.00.
0.00
1500.00
------------- ------------- ---------- -------------
* TOTAL * 1500.00 1500.00 0.00
~/ lA\q~C-:v'€C\Jsse~ 4 ~~'l ~yV\o~, . tJNLW^-
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1500.00
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THE SUFFOLK COUNTY NATIONAL BANK
6 WEST SECOND STREET-P.O. BOX 269- RIVERHEAO. NEW YORK 11901-(516) 727-2701 -FAX (516) 727-3210
July 22, 1994
Town Board
Town of Sou~hold
Southold, New York 11971
ill rn@rnowrn rn
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SUUTHOLD TOWN
PLAN/liNG BOARD
Re: Performance Bond - $ 78,780.00
Alan Cardinale Minor Subdivision
SCTM 1000-122-3-1.4
Letter of Credit No. 940722
Dear Board Member:
..
By order of Alan Cardinale, and for the account of
same, we hereby establish this irrevocable letter of credit
in your favor up to an aggregate an~unt of Seventy Eight
Thousand Seven Hundred Eighty and 00/100 ($78,780.00) U.S.
Dollars available by your drafts at sight accompanied by
this original letter of credit.
A purported copy of a resolution of tt Town Board,
reportedly certified by the Town Clerk, wb'h indicates:
"Alan Cardinale has failed to complete, ~ of the
improvements in connection with the subdivision map entitled
"Alan Cardinale Subdivision" heretofor,~ approved by the
Planning Board of the Town of Southold, and that as a result
of said failure, there is due and owing an amount equal to
the face amount of our draft. Said resolution should also
indicate that the amount drawn hereunder is for the sole
purpose of completing those items of improvement which were
to have been completed by Alan Cardinale."
This letter of credit remains in force and must be
presented for pa~nent at our counters no later then July 23,
1995. All drafts drawn hereunder must be negotiated on or
before that date.
Each draft must state that it "Drawn Under Letter of
Credit of the Suffolk County National Bank" No. 940722,
dated July 22, 1994 and this amount endorsed on this letter
of credit.
We hereby agree with the drawers, endorsers and bona
fide holders of drafts drawn under and in compliance with
the terms of this letter of credit that such drafts will be
duly honored upon presentation to the drawee.
~
(f)
.
.
THE SUFFOLK COUNTY NATIONAL BANK
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Letter of Creidt No. 940722
Page 2
Except as otherwise expressly stated herein, this
letter of credit is subject to the Uniform Customs and
Practice for Documentary Credits (1983 Revision)
International Chamber of Commerce Publication No. 400.
:3.
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This Letter of Credit replaces #930723.
i S~pcerely", {
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\.J:.homas 'S'. Kqhlmann
Sr. Vice President
The Suffolk ~ounty
National Bank
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Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett O~owski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
South old, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD MEMBERS
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 7, 1994
!ienry E. Raynor
P.O. Box 1459
320 Love Lane
Mattituck, New York 11952
RE: Proposed Subdivision for
Alan Cardinale (aka James Creek)
Mattituck
SCTM# 1000-122-3-1.4
Dear Mr. Raynor:
The Planning Board has reviewed your letter of June 16, 1994, in
regard to the above mentioned subdivision.
The Board is not in favor of reconsidering its position with
regard to the status of the subdivision. Although you did
contact our office in regard to the SEQR determination in
January 1994, the file has been inactive since at least November
1, 1991, when the Planning Board sent Mr. Cardinale a letter
outlining the items necessary to complete the subdivision.
Please contact me if you have any questions regarding the above.
Since.relY, U
?~A-.:'
Melissa SPi~
Planner
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HENRY E. RAYNOR
PO BOX 145~
320 LOVE LANE
MATTITUCK, N.Y. 11~52
51&-2~a-a420
51&-2~a 2127 (FAX)
JUNE 1&, 1~~4
TO: SOUTHOLD TOWN PLANNING BOARD
RE:SUBDIVISON OF ALAN CARDINALE
1000-122-3-1.4
DEAR MS. SPIRO:
WITH REGARD TO YOUR LETTER OF THE 14TH OF JUNE, 1994; PLEASE
NOTE THE FOLLOWING:
ON JANUARY laTH I CONTACTED THE PLANNING BOARD OFFICE AND
REQUESTED A COPY OF THE NEGATIVE DECLARATION FOR THE ABOVE
CAPTIONED SUBDIVISION TO COMPLETE OUR APPLCATION BEFORE THE
SUFFOLK COUNTY DEPT. OF HEALTH. (COPY OF APPROVAL ENCLOSED
DATED JUNE a, 1~94.)
YOUR OFFICE RESPONDED WITH THE NEEDED INFORMATION, THE RESULT
OF WHICH HAS ENABLED US TO COMPLETE THE REQUIREMENTS SET DOWN
BY ALL THE VARIOUS AGENCIES.
IN LIGHT OF THE ABOVE, I WOULD ASK THE PLANNING OBARD TO
RECONSIDER ITS POST ION WITH REGARD TO THIS SUBDIVISION; AND
ENABLE US TO SUCCESSFULLY COMPLETE THIS APPLICATION.
PLEASE DO NOT HESITATE TO CONTACT ME SHOULD THERE BE ANY
QUESTIONS IN THIS MATTER.
YOU~S1 TRULY, , Q, . _ ~/
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COUNTY OF SUFFOLK
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ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
DEPART1\IIENT OF HEALTH SERVICES
MARY E. HIBBERD. M.D.. M.P.H.
COMMISStONER
June 8, 1994
Henry E. Raynor, Jr.
320 Love Lane
Mattituck, NY 11952
HD Reference: Cardinale Subdivision
Please be advised that the proposed covenants you submitted have been
reviewed and approved by the County Attorney. In order to continue
processing the above referenced application, this office requires a
recorded covenant.
Procedure for recording covenants:
I. Take the original and one copy of the covenant to the Real
Property Tax Service Agency on the second floor of the Riverhead
County Center. The Real Property Tax Service Agency will verify the
legal description and tax map number.
II. After verification, submit the original and one copy to the
County Clerk'. Office (first floor) for recording. Request that the
Clerk conform the copy.
III. After recording, submit one conformed copy of the covenant to
this office for the purposes of comparison with the approved version.
There will be no further processing of this application by the
department until the conformed copy is received.
Return the conformed copy to:
Suffolk Countv Deoartment of Health Services
Bureau of Wastewater Management
Riverhead County Center, Room S-238
Riverhead, New York 11901
PLlllASE :INCLUDB '1'HE HEALTH DBPARTMlmT REFERENCE NUMBER mIEN
FORWARDING ANY DOCUMENTS TO TH:IS Oll'J!'ICB.
C4
DMeIoN 01" ...1I"'Ofilo........TAL QuALITY
COUNTY CENTER
RIVERHEAD, N.Y. t 1801.3387
8152-2100
-~--~----,...-
.
.
Richard G. Ward, Chairman
George Rnchle Latham, Jr.
Bennett Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD MEMBERS
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 14, 1994
CERTIFIED MAIL
Alan A. Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, New York 11952
RE: Proposed Subdivision for
Alan Cardinale (aka James Creek)
Mattituck
SCTM# 1000-122-3-1.4
Dear Mr. Cardinale:
The Planning Board has recently reviewed the status of the above
mentioned application.
On April 9, 1990, the Planning Board granted conditional final
approval to the subdivision. As stated in the Board's resolution
letter dated April 10, 1990, all conditions were to be met
within six (6) months of the date of the resolution. As noted in
a letter dated November 1, 1991 from the Planning Board, several
conditions of approval had yet to be fulfilled. Other than the
renewal of the Performance Bond in August of 1992 and July of
1993, the file has been inactive as of the November 1st letter.
In light of the above, the conditional final approval has
expired and is no longer valid. If you wish to pursue
subdividing this parcel within a reasonable amount of time, a
new application fee equal to one-half the minor subdivision
application fee will be required. The application fee is
calculated as follows: $500.00 plus $250.00 per lot. Upon
receipt of the outstanding information and the application fee,
the Planning Board will schedule another final hearing.
In addition, the Performance Bond is due to expire on July 23,
1994. Due to the fact that the approval is no longer valid, it
is not necessary to renew the performance bond. However, if you
intend to pursue the subdivision, a new performance bond will be
required prior to any endorsement of the subdivision.
.
.
Alan Cardinale
June 14, 1994
PAge 2
Please contact this office if you have any questions regarding
the above.
Sincerely, ~
/~~ (-
Melissa Spir
Planner
cc: Judith T. Terry, Town Clerk
Henry Raynor
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.
THE SUFFOLK COUNTY NATIONAL BANK
.
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Subj"
6 WEST SECOND STREET. P.O. BOX 26S.RIVERHEAD. NEW YORK 11901 -(516) 727-2701 . FAX (516) 727-3210
July 23, 1993
Town Board
Town of Southold
Southold, New York 11971
Re: Performance Bond - $78,780.00
Alan Cardinale Minor Subdivision
SCTH 1000-122-3-1.4
Letter of Credit No. 930723
Dear Board Member:
By order of Alan Cardinale, and for the account of same,
we hereby establish this irrevocable letter of credit in your
favor up to an aggregate amount of Seventy Eight Thousand
Seven Hundred Eighty and 00/100 ($78,780.00) U.S. Dollars
available by your drafts at sight accompanied by this
original letter of credit:
A purported copy of a resolution of the Town Board,
reportedly certified by the Town Clerk, which indicates:
"Alan Cardinale has failed to complete to complete all
of the improvements in connection with the subdivision map
entitled "Alan Cardinale Subdivision" heretofore approved by
the Plal~ing B~~ru o~ the Tow~ ~f Suuthold. and that &3 ~
result of said failure, there is due and owing an amount
equal to the face amount of our draft. Said resolution
should also indicate that the amount drawn hereunder is for
the sole purpose of completing those items of improvement
which were to have been completed by Alan Cardinale."
This letter of credit remains in force in Riverhead,
York and must be presented for payment at our counters or
presentation to the Suffolk County National Bank
collection at our counters not later July 23, 1994 and
drafts drawn hereunder must be negotiated on or before
date.
New
by
for
all
that
rmn [H& ~ 0 \J ~ I@n
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vU,,- 'j':JVO
SOUTliOLD TOWN
PLANNING BOARD
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.
THE SUFFOLK COUNTY NATIONAL BANK
Letter of Credit No. 930723
Page 2
Each
Credit of
July 23,
credit.
draft must state that it is "DraWn Under Letter of
the Suffolk County National Bank" No. 930723, dated
1993 and this amount endorsed on this letter of
We hereby agree with the drawers, endorsers and bona
fide holders of drafts drawn under and in compliance with the
terms of this letter of credit that such drafts will be duly
honored upon presentation to the drawee.
Except as otherwise expressly stated herein, this letter
of credit is subject to the Uniform Customs and Practice for
Documentary Credits (1983 Revision) International Chamber of
Commerce Publication No. 400.
Sincerely,
~?~
David T. DeVito
Assistant Vice President
The Suffolk County National Bank
1--
.
4t
PLANNING BOARD MEMBERS
Bennell Orlowski, Jr.. Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
scon L. HARRIS
Supervisor
Telephone (516) 765-1938
CERTIFIED MAIL
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
JUly 14, 1993
Alan Cardinale
P.O. Box 77
Mattituck, NY 11952
Re: Performance Guarantee for
Cardinale Subdivision
Mattituck, NY
SCTM# 1000-122-3-1.4
Dear Mr. Cardinale:
The performance guarantee for the minor subdivision of Alan
Cardinale (Irrevocable Letter of Credit #920803 with The
Suffolk County National Bank) is due to expire on August 3, 1993.
Since the improvements have not been completed, you must extend
the guarantee for at least another year. An extension of this
guarantee must be submitted to this office before the expiration
date.
Due to the timing of the Town Board's meetings, if the extension
is not received by 4 P.M. of July 26, 1993, there will be a
resolution before the Town Board at its July 27, 1993 meeting to
authorize the Town to draw on the Letter of Credit if the
extension is not received by noon of August 3, 1993.
If you have any questions, please contact Melissa Spiro, Planner.
Sincerely,
7Y?~ ,( A/~4-
Richard ci Ward
Chairman
cc: David T. DeVito, The Suffolk County National Bank
Harvey Arnoff, Southold Town Attorney
Judith Terry, Town Clerk
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P.O. Box 77
Mattituck, NY
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THE SUFFOLK COUNTY NATIONAL BANK
6 WEST SECOND STREET-P,O, BOX 269- RIVERHEAO. NEW YORK 11901-(5161 727-2701-FAX (516) 727-3210
August 3, 1992
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SOUT~!'~!',) ':
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Town Board
Town of Southold
Southold, New York 11971
Re: Performance Bond - $78,780.00
Alan cardinale Minor Subdivision
SCTM 1000-122-3-1.4
Letter of Credit No. 920803
RECEIVED
AUG 4 1992
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Dear Board Members:
By order ot Alan cardinale, and for the account of same,
we hereby establis~ this irrevocable letter of credit in your
favor up to an aggregate amount of seventy Eight Thousand
Seven Hundred Eighty and 00/100 ($78,780.00) U.S. Dollars
available by your drafts at sight accompanied by this
original letter of credit and:
A pu~orted copy of a resolution of the Town Board,
reportedly certified by the Town Clerk, which indicates:
"Alan Cardinale has failed to complete all of the
improvements in connection with the subdivision map entitled
"Alan Cardinale Subdivision" heretofore approved by the
Planning Board of the Town of southold, and that as a result
of said failure, there is due and owing an amount equal to
the face amount of our draft. Said resolution should also
indicate that the amount drawn hereunder is for the sole
purpose of completing those items if improvement which were
to have been completed by Alan Cardinale."
This letter of credit remains in force in Riverhead, New
York and must be presented for payment at our coUnters or by
presentation to the Suffolk County National Bank for
collection at our counters not later than August 3, 1993 and
all drafts drawn hereunder must be negotiated on or before
that date.
. -,-
.
~ THE SUFFOLK COUNTY NATIONAL BANK
.
Each draft
Credit of the
dated August 3,
of credit.
must state that it is "Drawn Under Letter of
Suffolk county National Bank", No. 920803,'
1992 and the amount endorsed on this letter
We hereby agree with the drawers, endorsers and bona
tide holders ot drafts drawn under and in compliance with the
terms of this letter of credit that such drafts will be duly
honored upon presentation to the drawee.
Except as otherwise expressly stated herein, this letter
of credit is subject to the Uniform Customs and Practice tor
Documentary Credits (1983 Revision) International Chamber of
Commerce Publication No. 400.
Sincerely,
'/-cc:bec--c'7 d~
David T. Devito
Assistant Vice President
The Suffolk county National Bank
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
.
.
SCOTI L. HARRIS
Supervisor
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Fax (516) 765-1823
..::ertiiied Mail:
,July 31, 1992
Alan Cardinale
P.O.Box 77
Mattituck, New York 11952
Re: Performance Guarantee for
Cardinale Subdivision
Mattituck, New York
SCTM * 1000-122-3-1.4
Dear Mr. Cardinale:
The performance guarantee for the minor subdivision of Alan
Cardinale (Irrevocable Letter of Credit * 910807 with The
Suffolk County National Bank) is due to expire on August 7, 1992.
Since the improvements have not been completed, you must
extend the guarantee for at least another year. An extension of
this guarantee must be submitted to this office before.the
expiration date.
Due to the timing of the Town Board's meetings, if the
extension is not received by 4 P.M. of August 4, 1992, there
will be a resolution before the Town Board at its August 5th
meeting to authorize the Town to draw on the Letter of Credit if
the extension is not received by noon of August 7, 1992.
If you have any questions, please contact either Valerie
Scopaz, Town Planner or Matthew Kiernan, Assistant Town Attorney.
Sincerely,
~~~/9-
Bennett Orlowski, Jr. ,~
Chairman
cc: David T. DeVito, Asst. V.P. The Suffolk County National Bank
Matthew Kiernan, Assistant Town Attorney
Judith T. Terry, Town Clerk
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PLANNING BOARD MEMBERS
Bennell Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOlT L. HARRIS
Supervisor
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 1 I 971
Fax (516) 765-1823
November 1, 1991
Alan A. Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, New York 11952
RE: Proposed Subdivision for
Alan Cardinale
SCTM* 1000-122-3-1.4
Dear Mr. Cardinale:
Enclosed please find a copy of a report from John
Bredemeyer, President of the Board of Trustees.
The Planning Board requests that you revise the Declaration
of Covenants and Restrictions as per the report.
Please submit a revised Declaration of Covenants and
Restrictions to this office. Upon approval of the draft by the
Planning Board and the Town Attorney, the document must be filed
in the office of the County Clerk prior to endorsement of the
subdivision.
The following must also be submitted prior to the
endorsement of the subdivision:
1. A filed copy of the Declaration of Covenants and
Restrictions.
2. Final subdivision maps (5 paper and 2 mylars) all
containing the following:
A. A current stamp of Health Department approval.
B. The Liber and Page number of the filed Declaration
of Covenants and Restrictions.
3. Five (5) copies of the final Road and Drainage Plan.
.(
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Please contact this office if you have any questions
regarding the above.
~~ry trulY.J)oyrs, I,
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Bennett Orlowski, J~'~
Chairman
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cc: John Bredemeyer
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TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTT L. HARRIS
Telephone (516) 765-1892
Fax (516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
TO:
Bennnett Orlowski, Jr.
Chairman, Planning Board
John M. Bredemeyer, III ~~
President, Board of Trustees~
FROM:
RE:
Covenants and Restrictions for
Alan Cardinale, James Creek
SCTM #1000-122-3-14
I reviewed your memo of August 28, 1991 with the Trustees at our
October 3, 1991 meeting and offer the following:
The Board of Trustees agree with the Planning Board that
paragraph 3F should be removed. I stand corrected and in the
minority as the only member on the Board which has no problem
with this section. The Board is not prepared to make a general
statement as to an owners right "required protective
structures". They believe in a case by case review of these
matters. Since the site in question is considered "stable",
they foresee no practical need for this language. I am not sure
if Mr. Cardinale's fears will be assuaged by the fact that the
bog and wetlands at the lead of creek such as this will likely
be stable over geological times, but this is nevertheless, the
expectation of the Board.
with respect to paragraph number 13, the Board has not recently
discussed this at length, but has long agreed that language on
fertilizers is very difficult if not entirely unenforceable.
Possibly the owners would wish to consider language Clarifying
plants species not requiring large amounts of fertilizer such as
"lawns of fescue or similar grasses" and landscaping plants of
indigenous species such as bayberry, rhododendrons etc."
I believe the Board is comfortable with any reasonable language
which will discourage the "chern lawn" approach to landscaping.
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SOUTHOLD TOWII
PLAtllllllG 80~RD
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TRUSTEES
John M. Bredemeyer, ill, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
SUPERVISOR
SCOTT L. HARRIS
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTIIOLD
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
FROM:
Bennnett Orlowski, Jr.
Chairman, Planning Board
John M. Bredemeyer, III ~~
President, Board of Trustees~
TO:
RE:
Covenants and Restrictions for
Alan Cardinale, James Creek
SCTM #1000-122-3-14
I reviewed your memo of August 28, 1991 with the Trustees at our
October 3, 1991 meeting and offer the following:
The Board of Trustees agree with the Planning Board that
paragraph 3F should be removed. I stand corrected and in the
minority as the only member on the Board which has no problem
with this section. The Board is not prepared to make a general
statement as to an owners right "required protective
structures". They believe in a case by case review of these
matters. Since the site in question is considered "stable",
they foresee no practical need for this language. I am not sure
if Mr. Cardinale's fears will be assuaged by the fact that the
bog and wetlands at the lead of creek such as this will likely
be stable over geological times, but this is nevertheless, the
expectation of the Board.
With respect to paragraph number 13, the Board has not recently
discussed this at length, but has long agreed that language on
fertilizers is very difficult if not entirely unenforceable.
Possibly the owners would wish to consider language clarifying
plants species not requiring large amounts of fertilizer such as
"lawns of fescue or similar grasses" and landscaping plants of
indigenous species such as bayberry, rhododendrons etc."
I believe the Board is comfortable with any reasonable language
which will discourage the "chern lawn" approach to landscaping.
.'5.
fi~
lllOLD lOWtl
t\,AtltlltlG BOARD
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PLANNING BOARD MEMBERS
Bennett Orlowski. Jr.. Chairman
George Ritchie Latham, k
Richard G, Ward
Mark S, McDonald
Kenneth L Edwards
SCOTI L HARRIS
Supervisor
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
October 4, 1991
Scott Russell
Tax Assessor
Town Hall
Southo1d, New York 11971
RE: Proposed Subdivision for
Alan Cardinale
James Creek
SCTM* 1000-122-3-14
Dear Mr. Russell:
This is in response to your inquiry about the status of
this subdivision
On April 9, 1990, the Planning Board granted conditional
final approval to a four (4) lot subdivision on the above
mentioned parcel, a copy of which is enclosed. As of this date,
the subdivision has not received final approval because the
conditions of the final approval have yet to be met.
The subdivision will not be endorsed by the Chairman until
such time that all conditions are met. Until the subdivision map
is endorsed and filed with the County Clerk's office, the parcel
remains as one lot; 15.73 acres in area and located in two
zoning districts (General Business and Residential
R-80) .
Please contact this office if you require any additional
information regarding this parcel.
Very truly yours,
/ax-Mti CJ~~;(', t. -s
Bennett Orlowski, Jr.
Chairman
enc.
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,I
April 10, 1990
Alan A. Cardinale
P.o. Box 77
Mattituck Shopping Center
Mattituck, NY 11952
RE: Alan Cardinale
SCTM>> 1000-122-3-1.4
Dear Mr. Cardinale:
The following resolution was adopted by the Southold Town
Planning Board at a meeting held on Monday, April 9, 1990.
WHEREAS, Alan A. Cardinale is the owner of the property
known and designated as SCTM>> 1000-122-3-1.4, located at the
east side of N.Y.S. Rte. 25; approximately 700 feet north of Bay
Avenue in Mattituck; and
WHEREAS, this minor subdivision, to be known as Alan
Cardinale Minor Subdivision is for 4 lots on 15.73 acres; and
WHEREAS, the Southold Town Planning Board, pursuant to the
State Environmental Quality Review Act, (Article 8), Part 617,
declared itself Lead Agency and issued a Negative Declaration on
April 15, 1985; and
WHEREAS, a final public hearing was closed on said
subdivision application at the Town Hall, Southo1d, New York on
March 5, 1990; and
...
WHEREAS, all the requirements of the Subdivision
Regulations of the Town of Southold have been met; and
.
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Page 2
Alan Cardinale
be it therefore,
RESOLVED, that the Southold Town Planning Board grant
conditional final approval on the maps dated November 8, 1989
and authorize the Chairman tQ endorse the final surveys subject
to fulfillment of the following conditions. All conditions must
be met within six (6) months of the date of this resolution.
1. Curb cut approval from the New York State Department
of Transportation.
2. A draft of the revised Declaration of Covenants and
Restrictions which was submitted previously, including
all requirements of the February 8, 1990 Suffolk
County Planning Commission report. Upon approval of
the draft by the Planning Board and the Town Attorney,
the document must be filed in the office of the County
Clerk prior to endorsement of the subdivision.
3. Final maps (5 paper prints and 2 mylars) with the
following:
A. A current stamp of Health Department approval.
B. The location of the firewell as requested in the
Planning Board's correspondence of January 12,
1990.
C. Compliance with the December 11, 1989 Engineer's
Report.
D. The additions requested in the February 8, 1990
Suffolk County Planning Commission Report.
4. Submission of a bond, Letter of Credit or equivalent
for the amount of $78,870.00, and acceptance of same
by the Town Board.
5. Submission of the inspection fee of $4,732.00.
Please contact this office if you have any further
questions.
..
Very truly yours,
~{/d~,r.
Bennett Orlowski, Jr. ~~
Chairman
.
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PLANNING BOARD MEMBERS
Bennell Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Fax (516) 765-1823
TO: John Bredemeyer, III
President, Board of Trustees
FROM:
Bennett Orlowski,
Chairman
Jr. 60 ft-~5
DATE:
August 28, 1991
RE: Covenants and Restrictions for
Alan Cardinale
James Creek
SCTM* 1000-122-3-14
Enclosed please find a letter from Philip Cardinale regarding
the above mentioned draft covenants and restrictions. Mr.
Cardinale refers to a conversation he had with you in
reference to some changes the Planning Board had requested.
Please verify, in writing, if you agree with the content of Mr.
Cardinale's letter. I have enclosed the following for your
convenience:
1. Mr. Cardinale's letter dated August 21, 1991, and
the revised covenants and restrictions;
2. The Planning Board's letter dated March 26, 1991,
requesting revisions to the draft covenants and
restrictions;
3. The outdated draft covenants and restrictions dated
December 28, 1990;
4. The Trustees report dated September 7, 1990.
In responding, please consider the following concerns of the
Planning Board:
In reference to *3(f):
Does this not contradict the intent of the restrictions?
The Planning Board has restricted development within 75' of
the wetland edge in order to eliminate need for such
structures as bulkheads.
.
.
Page 2
Alan Cardinale
In reference to #13:
How will this be enforced? Who will determine "species
acknowledged to require large amounts of fertilizers"?
Would not a restriction prohibiting all plants requiring
fertilizer be more enforceable?
enc.
"
.(
,
PLANNING BOARD MEMBERS
Bennell Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOTI L. HARRIS
SuperVisor
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
March 26, 1991
Alan Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, New York 11952
RE: Minor Subdivision for
Alan Cardinale
James Creek
SCTM#1000-122-3-1.4
Dear Mr. Cardinale:
The Planning Board and the Town Attorney have reviewed the
draft Declaration:of Covenants and Restrictions for the above
mentioned subdivision.
Please revise the draft as follQws (numbers are in
accordance with the numbers of the draft):
3f - This subsection seems to contradict the restrictions
set forth earlier in the declaration. The Board wants
this section to be deleted.
9 - The Planning Board and the Suffolk County Planning
Commission requested a 100 foot setback.
The Board will accept a 75 foot setback in reference
to residential structures only. The statement in
reference to sanitary disposal facilities should be
left at 100 feet, particularly since this is a
requirement of the Suffolk County Department of Health
Services.
13 - This section is to be rewritten to reflect the Board
of Trustee's prohibition against all managed turf and
plants requiring fertilizer, whether organic or
inorganic.
14 -
This section is to read "
the Planning Board...".
include the Town Board.
a majority plus one of
This paragraph is not to
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Also, Schedule A is to refer to the map entitled, " Minor
Subdivision Plan prepared for Alan Cardinale." The map is no
longer entitled "Mohring Enterprises."
In addition, the 75 foot buffer area is to be shown on the
final maps.
Please submit a revised draft for the Planning Board's
review.
Very truly yours,
~,~,~adwd);i. /fit
Bennett Orlowski, Jr. ~
Chairman
.
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August 21, 1991
S2(orit~
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1-'15
"81U DU-t tyz.K..-
Mr. Bennett Orlowski, Chairman
Southold Town Planning Board
Town Hall
P.O. Box 1179
Southold, NY 11971
Re: March 26, 1991 letter, copy attached
Dear Mr. Orlowski:
I enclose covenants and restrictions with requested
modifications.
Please note however that the modifications requested
at paragraph 3F and paragraph 13 have not been implemented
based upon a confererce with John Bredemeyer on Friday,
August 2, 1991..
At that time, Mr. Bredemeyer reviewed the language
included at 3F (which incidentally had always been included
in the proposed covenents without any previous objections)
and indicated that as the language was limited to "required
protective structures and landscape" he saw no problem with
the language and, in fact, supported its inclusion.
Similarly, as to the modification requested at
paragraph 13, Mr. Bredemeyer reviewed the language in the
covenants, which he had himself approved some months ago in
telephone conferences with me, and reiterated that the
existing language was more than satisfactory to him.
I therefore request that you promptly confirm the
above with Mr. Bredemeyer and then immediately forward me a
letter approving the covenants as herein proposed and set
forth (see copy attached).
Thank you for your anticipated prompt attention.
/i
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Sincerely,
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P~~ C~I;ALE
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rLANNING UOAkIJ MF~fIlERS
IIr""eft Oolnw.kl, Jr., Chairm""
tkurgt. R-ih:hk LlIhjllH, h.
Rlch_,ef G. W_"I
Mark S. Md)lI"Hhl
I<t""tllo I. EdwIl,.I,
1;("0". I.. IIAHRIS
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PLANNING OOAIW 0I'l<1(;I~
TOWN OF SOUTHOLD
TlIw" 11:111. 5.'095 MIl;n R,
".n Il,,, 1179
Stlullll1lt1. New Y Ol'l. II fJ7
"'" (5161 765-182.'
March 26, 1991
Alan Cardinale
P.O. Bo~ 77
Mattituck Shopping Center
Mattituck, New York 11952
RE:
'---mii6i"stibdi"vision for
Alan Cardinale
James Creek
SCTMftl000-122-3-1.4
Dear Mr. Cardinale:
.'
'the Planning Board and the 'rown Attorney have reviewed thc
draft Declaration of Covenants and Restrictions for the above
mentioned subdivision.
Please revise the dt'afl as follows (nwnbel-s are in
accordance with the numbers of the draft):
(fl 3f -
it. /
(":'M~
P' 9 -
This subsection seems to contradict the restrictions
set forth earlier in the declaration. The Board wants
this section to be deleted.
The planning Board and the Suffolk County Planning
Commission requested a 100 foot setback.
Jy
The Board will accept a 75 foot setback in reference
to residential structures only. The statement in
retcrcnce to san!.!:arY_5:Usposal tacili~.i~s should be
left at 100 feet, particula~lnce this is a
requirement of the suffolk County Department ot Health
Services.
.,..
13 -;Phis section is to be rewritten to reflect the Board
~ ~ot Trustee's prohibition against all managed turf and
lO i.i'.~ plants requiring .fertilizer, whether organic or
'f:'-f' 'IfY inorganic,.
14' - This section is to rtlatl "... a majol-ity plus one of
\ J \ the Planning Board... ". This paragraph is not to
(Qbr1:iP' include the Town OOllrd.
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. lii'.'\ Also. Schedul<! 11 is to refer to the map entitled, .. Minot
112' subdivision Plan prepared fot 1\lan Cardinale." The map is no
Q;' .longer enti t.led ,jMohri.ng Enterprises."
., ,\
J \1 In addition, the 75 foot. buffer area is to be shown on the
OVL final maps. ..
.~~ Please submit a revised draft for the Planning Board's
y-/ review.
Very tru1~.yours. ,
('j ~/'/ /'1
:;"''-<''1/' (C'f ",. ...t"".>t"fI/", . .,.
Bennett Orlowski, r.
Chairman
.1.,;
.'
COVENANTS & ~ESTRICTIONS
. \ '
THIS DECLARATION made this
day of
, 1990, by
Alan A. Cardinale, residing at Main Road, Mattituck, New York,
hereinafter referred to'as the Declarant, who, as the owner of
premises d~scribed in "Schedule A" annexed hereto desires to
testrict the use and enjoyment of said Premises, and has for
such purposes determined to impose on said Premises covenants
and restrictions and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southolrl
Planning Board for approval of a suqdivision wherein Premises al
"Schedule A" would be designated Lot "4 and Premises at
"Schedule B" represent the entire premises which are the subjecl
of the four-lot subdivision.
2. As a condition for approval, acceptance and filing hy
the Town of Southold Planning Board of such subdivision, the
Declarant agrees that upon acceptance and filing of such minor
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A"
"
premises is designated Lot H4) Declarant shall promptly make
application for a subdivision of that portion of "Schedule A"
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PremiSes lying in the B (Business) Zoning Use District from thai
portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide two separat~
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and distinct building lots, each located ~ully within its
respective Zoning Use District.
3. The following terms and conditions shall apply to alL
land lying within the 75-foot setback area from the wetlands on
Lots 1, 2 and 3.:
a) No structure or building shall be placed within
the setback area. The terms "structure" and "building" shall br
interpreted as including swimming pools, patios, storage buiLd-
ings, structures for the housing of domesticated animals, boat
or other trailers, recreational vehicles, retaining walls and
bulkhead but shall not include walkways and decks provided all
required governmental permits are obtained.
b) The buffer area which Is defined as the 75 foot
setback area referred to above and shown on the subdivision map
to be filed_ shall remain in its natural state. It shall not be
cleared of the indigenous vegetation of the area, nor shall it
be planted with grass or mowed.
c) The buffer area shall not be filled with either
soil. sand, or other debris, including brush.
d) The buffer area may be traversed by a walkway,
whethet elevated or on the ground, provided proper wetland
permits can be obtained from the applicable agencies, which may
include the Board of Trustees and the New York State Department
of Bnvironmental Conservation.
e) Any disturbance to the land within the buffer area
.11"
shall be r~d"'sed by the testor~tion of4ltid l~nd to its print
natural state.
~
f)
No provision herein will limit the owner's right
and privilege to make special application to the governing
environmental authorities for the purpose of constructing
required protective structures and landscape to assure against
damage or diminished value to the property. Upon receiving the
appropriate approvals, the allowable protective structures and
landscape may be put in place without disturbance.
4. No lot line shall be changed in any manner at any
future date unless authorized by the Town of Southold Planning
Board.
5. There shall be no further subdivisions of Lots Numbered
1. 2 ~nd 3 in perpetuity.
6, Clearing and grading within each lot shall be limited
to th~t n~cessary for siting ~nd constructing a house with the
intent of preserving as much of the natural vegetation on the
site as possible and minimizing stormwater runoff and erosion.
7. No driveway or entr~nce ro~d on Main Road or on the
proposed toad shalt be located within 50 feet of the ends of the
short tadius curv~ connecting the south~asterly side of Main
~oad with the northe~sterly Side of the proposed road.
8, All stormwater runoff resulting from the development
and improvement of this subdivision or any of its lots shall be
t~tained on th~ site by ad~quat~ drainage structures so that it
.
"
,
wil1 not
flow!t onto the right-of-way o~ain Road.
;t'
"
9. No new resi~ential structure shall be constructed or
otherwise located within 75 feet of the upland edge of the
wetlands or the shoreline of James Creek, and no new sanitary
disposal facilities shall be constructed or otherwise located
within 100 feet of the upland edge of the wetlands or the
shoreline of James Creek.
10. No stormwater runoff resulting from the development and
improvement of the subdivision or any of its lots shall be dis-
charged into the tidal wetlands within the parcel nor into James
Creek.
11. Erosion and sediment control measures shall be required
dutihg and immediately after construction on each lot to insure
that stormwater runoff will not carry eroded and other deleteri-
oUS materials into James Creek and the tidal wetlands bordering
.<
the creek,
12. All prospective owners of lots within this subdivision
~re advised ~hat this subdivision is located within one mile of
M~ttituck Airport and, therefore, may be subjected to noise ema-
hating from the facility and from aircraft flying overhead or
heatby.
13. In tegatd to Lots 1, 2 and 3 and the R-80 zoned portion
of Lot 4, thete shall be no use of inorganic fertilizer
matetials ot plant species acknowledged to require large amounts
of nitrogen fertilizers.
14, Covenants and restrictions herein can be modified only
~t the tequest of the then owner of the ptemises with the
,
".;
approval of a mR.~ity plus one of the -
.
Board of
property owners shall be entitled to notice of such public
hearing but their consent to such modification shall not be
required.
ALAN A. CARDINALE
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the day of
Alan A. Cardinale. to me known
and who executed the foregoing
he eXectit~d the same.
, 1990, before me personally came
to be the individual described in
instrument, and acknowledged that
f
Notary Public
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i !. .' deildt'ipU<ADf Lo~ q M !lhoWti 011 a lmtJ en~.d I "Hil1ol'
sUbdivisiON Pial1 prepnrecJllPbr f-Il..wo :1-\,. .L~j}'.l"fl-L.fr...~lliluck,
Town of Southold, SUffolk CounlYI New York.
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. ~gihnihg al a point formed by the inlerseclion of lhe easterly line
of HaiN 1l0aJ (N. Y .S. Ilte. 25) wilh the soulherly Hne of land of Peleco
Ileaitt Co., which poiht is the followihg courses and dislances as measured
alohg the easterly iine of said Main Road from lhe soulherly line of New
Suffolk AvehUe!
.
...
(1) Soulh 22" 18' '10" Wesl 180.~8 feel,
(2) South 30. 06' 10" Wesl 100.00 feel; and
runNil1g thence from said poinl of beginning easterly and norlherly along
~he iand of I'eteco ReaHy Co. the followihg courses and distances:
(1) Sou~h 830 11' 50'1 Easl 313.77 feel,
(2) North 300 06' 10" East 100.00 feel lo lhe land of Tom's
bream, Inc.; .
thence South 830 11' 50" Easl along lhe lands of Tom's Dream, Inc. and
of Glenh G. & LoUise B. Munn 22~.~1 feel;
thehce South 1" 041 40" West contlnuihg along lhe land of Glenn G. &
Louise a. HUhn 362.00 feel;
thehce weslerly and southerly lhrough lhe land !Jf Mohring Enterprises,
111c. the followihg courses ahd distaNces:
( 1) North 680 55 t 20" West 251.6" feel,
(2) South 320 081 20" West 215.77 feel to the land of Paul Lucas;
thehce Nor~h 570'511 40" West alONg the land of Paul LUcas, a righl of
way, ot l'au1 ahd Helel1 Lucas aNd of Walter Grabie, Inc. 493.41 feet lo a poinl
1h ~he easterly lihe of said Main Road;
~heHc~ l1or~herly along the eas~erly liNe of said Hain Road lhe following
coU~ses al1d d1s~al1ces!
(1) Nor~h 44" 56'
(2) Nor~h 376 07'
(]) North 3d" 061
bl'igil1hil1g.
00" 8ast 170.00 teeb,
50" E'As\; 103.2] teet,
10" East 6d.oo teet to' the
point or place of
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l~fi=;r:rri1rrf~~TIri:f:J:~:~i~rr:~~i1~~r~~~4" ,
HltlilUtk, T6Wtt dE Sdulhold, Couhly of Suffolk and State of New York,
".hA Il11Uttdl!d llttd dl!!lttibedds ftil1tl\.l!l! !' \,' ,
. BkU1NN1NG al II poittl tin lh~ ~ddt~rly aide of Main Road (Route 25)
~',. H l!t@ "6Hh\l~!ll~rly ttlrher tlf th~ Ilr~li1hea' herein d~sctibed,
1~ldj61"ltt~ l11ttd tttlW tlr formerly of Pel~co Realty Ctl. on the North;
1RUttttltt~ lhl!ttcl! dldn~ !laid land now tlr formerly of Peteco Realty Co.,
'~ithl! ftll1tllHng hltl cour!l~S and dhblnces!
';"" 1) Stluth Ilj. 11' so" EaBt, 313.77 feet;
'11~i:' 1) North JOG 06' 10" East, luo feet to land now or formerly of
f.\I';'" He!ldtillch Bl1d Bnother:
". RUhttlttg thetttl! IIl0hS !laid land and'lend of Ehlers. South 83. II' SO"
. Edllt, 214.41 f~l!l;
Rutthittli lh~l1t~ IIlong !laid land of Ehlers, the following two coqrses
uti dhlllttt~!I!
~t 1) ~oulh 16 4' 40" West, 362.00 f~el:
,(.'!t' :l) South 61644' 20" EBel. 248.84 feet to James Creek;
~~~ .RUhttittA th~tttl! along the ~dge of Jaml!!! Creek by tie lines the'
~;" fbl16Wittli l!i8ht~l!tt coUrsell and dilltattteS!
':; 1) SoUlh 21;6.21' 10"'Wesl, 76.11 h~t:
" 2) StlUlh 146 00' 15". W~!!ll 141.51 feet;
~. j) StlUlh ~& ~S' 25" Wesl, 41l.04 f~~ll
.' 4' Stlulh 51a ~1' 55" Wl!!Il, jj.41 hetl
,'; 5) South 166 41' 50" West, 100dlo feH;
. /;) Soulh j" 121 50" kallt, 91.85 feet;
f~~' 1) South lj6 12' 50" Wesl, 15,6j hell
,! ll) S6Ulh 1" 24' jail Ealll. 1lS,43 feet; .<
\!!: !I) Sbuth j16 tJ~' IS" Weill, ~0.1s feet;
'OJ' 1t1) NoHh 5<,16 j<,l' 1511 Wellt, 1:31.11 feet;
1,/,. 11) North ala '!;6' 40" Wesl, 116,25 h~tl
~ 12) Norlh e16 50' 2011 W~st, 1l:3,1l6 f~et;
1j) North 1&6 06' 55" W~lll, a4.13 f~et;
;,\.1,1 14) North 11i! ~4' 20" W~!lt, 68.1l2 fl!~t;
i.tl1'';' B) NoHh Ilji! :lot so" Wl!!ll, 11e.01 het;
.ll"~'1 0 ili) N6H:h 118 15' 4s" Welllt 1i:3,61 hell
.jt;I... i1) ~6u~h ll~& 11' 1511 Wellt, tl1d1 hl!tl
. '~.' ill) N6t~h 146 All' 45" W@llt, 1j,eG f@!!l to lalld of Palltal~o;
.' RU""!ftA t!t~flt@ Aitifl~ Ildid land ot rdhtal@o Illld olherA North 480 00'
,t. bU" t!lllb 615.1~ h@t ttl th@ floHhl!ll!lt t6tttl!t ot 1alld ot. LUCIl!l;
'~~'i ItUfthihR llt!!ltt@ lI111h~ !ldd hhtl Ilf LUeft!l Illld tilhl!t,"Ntlrth~ S16' 51'. 40"
; : " WUll SM.41 f!!H ~tl th@ l!Illlt@rly itn@ ot. Haih' ltoad.' Itbul@ 2S; "
!~~ \tUftft ftR t~!!ftt@ !ll6RA Ilditl lilll! th. f6110wittA thr!!@ toUt!!!! ahd.
'1,11,' dUUnt@~.
i~ ' 1) N6tth 446 5&' 00"
1) North jj6 01' ~Oll
i ;Ii'. j) N6t~h j(j6 06' 1011
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~(vOVENANTS & RESTRICTION~('
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THIS DECLARATION made this .28 day ofi7!Ec'E"l4E~' 1990, by
Alan A. Cardinale, residing at Main Road, Mattituck, New York,
hereinafter referred to as the Declarant, who, as the owner of
premises describea'in "Schedule A" annexed hereto desires t~
restrict the use and enjoyment of said Premises, and has for
such purposes determined to impose on said Premises covenants
and restrictions and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southold
Planning Board for approval of a subdivision wherein Premises at
"Schedule A" would be designated Lot '4 and Premises at
"Schedule B" represent the entire premises which are the subject
of the four-lot subdivision.
2. As a condition for approval, acceptance and filing by
the Town of Southold Planning Board of such subdivision, the
I
Declarant agrees that upon acceptance and filing of such minor
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A"
premises is designated Lot '4) Declarant shall promptly make
application for a subdivision of that portion of "Schedule.A"
Premises lying in the B (Business) Zoning Use District from that
portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide two separate
.
, "
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and distinct building lots, each located fully within its
respective Zoning Use District.
3. The following terms and conditions shall apply to all
land lying within-the 75-foot setback area from the wetlands on
Lots I, 2 and 3.:
/
a) No structure or building shall be placed within
the setback area. The terms "structure" and "building" shall be
interpreted as including swimming pools, patios, storage build-
ings, structures for the housing of domesticated animals, boat
or other trailers, recreational vehicles, retaining walls and
bulkhead but shall not include walkways and decks provided all
required governmental permits are obta~hed.
b) The buffer area which is defined as the 75 foot
setback area referred to above and shown on the subdivision map
to be filed shall remain in i~s natural state. It shall not be
cleared of the indigenous vegetation of the area, nor shall it
be planted with grass or mowed.
c) The buffer area shall not be filled with either
soil, sand, or other debris, including brush.
d) The buffer area may be traversed by a walkway,
whether elevated or on the ground, provided proper wetland
permits can be obtained from the applicable agencies, which may
include the Board of Trustees and the New York State Department
of Environmental Conservation.
"
e) Any disturbance to the land within the buffer area
r
e(
e(
shall be redressed by the restoration of said land to its prior
natural state.
f) No provision herein will limit the owner's right
and privilege to' make special application to the governing
environmental authorities for the purpose of constructing
;
required protective structures and landscape to assure against
damage or diminished value to the property. Upon receiving the
appropriate approvals. the allowable .protective structures and
landscape may be put in place without disturbance.
4. No lot line shall be changed in any manner at any
future date unless authorized by the Town of Southold Planning
:
Board.
5.
There shall be no further subdivisions of Lots Numbered
1. 2 and 3"in perpetuity.
6. Clearing and grading within each lot shall be limited
to that necessary for siting and constructing a house with the
intent of preserving as much of t~e natural vegetation on the
site as possible and minimizing stormwater runoff and erosion.
7. No driveway or entrance road on Main Road or on the
proposed road shall be located within 50 feet of the ends of the
short radius curve connecting the southeasterly side of Main
Road with the northeasterly side of the proposed road.
8. All stormwater runoff resulting from the development
and i~provement of this subdivision or any of its lots shall be
retained on the site by adequate drainage structures so that it
r
e<
e(
will not flow out onto the right-of-way of Main Road.
9. No new residential structure or sanitary disposal
facility shall be constructed or otherwise located within 75
feet of the. uplana edge of the wetlands or the shoreline of
James Creek.
10. No stormwater runoff resulting from the development and
improvement of the subdivision or any of its lots shall be dis-
charged into the tidal wetlands within the parcel nor into James
Creek.
11. Erosion and sediment control measures shall be required
during and immediately after construction on each lot to insure
that stormwater runoff will not carry A~oded and other deleteri-
ous materials into James Creek and the tidal wetlands bordering
the creek.
12. All prospective owners of lots within this subdivision
are advised that this subdivision is located within one mile of
Mattituck Airport and, therefore, ma~ be subjected to noise ema-
nating from the facility and from aircraft flying overhead or
nearby.
13. In regard to Lots I, 2 and 3 and the R-80 zoned portion
of Lot 4, there shall be no use of inorganic fertilizer
materials or plant species acknowledged to require large amounts
of nitrogen fertilizers.
14. Covenants and restrictions herein can be modified only
at the request of the then owner of the premises with the
r
,. .
.(
eC
approval of a majority plus one of the Town Board or Plann~ng
Board of the Town of Southold after a public hearing. Adjoining
property owners shall be entitled to notice of such public
hearing but their consent to' such modification shall not be
required.
~~
_~~ '-"~"""-e'c..
ALAN A. DINALE
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the ),fM day of DtCPmhq-.
Alan A. Cardinale. to me known
and who executed the foregoing
he executed the same.
1990, :before me personally came
to be the individual described in
i"~" .';:;:C~"dg'd 'h,'
'. IAlL I / .tl---./
Notary/ ublic
LAURIE E. GRAE9
Notary Public. Slale of New York
TennNo. 4821819. Suffolk County a
expire. September 30, 18 /.:l
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TRUSTEES
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BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SCOTI L. HARRIS
Supervisor
John M. Bredemeyer. III. President
Henry P. Smith. Vice President
Albert J. Krupski. Jr.
John L. Bednoski. Jr.
John B. Tuthill
Telephone (516) 765-1892
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
September 7, 1990
TO:
FROM:
RE:
Planning Board ~f.~
d 'd 0'
John Bre emeyer, Pres~ ent, it
Alan Cardinale Subdivision' L 1)2-3-1'"1
After the Trustees inspected the above-referenced site. on
9/6/90, I informed Mr. Alan Cardinale, Jr. (project manager)
that the Board would not entertain a waiver,'or permit for those
activities which have taken place on site within 75' of the
wetlands. As a result, he has agreed to remove all fill within
75' of the wetland line as depicted on his pending subdivision
map.
Since the activities on site clearly intercept and violate the
intent and spirit of the pending C & R's before the Planning
Board, this office requests continued suspension of any Planning
Board action until the matter is cleared.
In light of this violation and the intensity of land use already
commencing on site, the Trustee Office requests the Planning
Board to consider an additional C & R prohibiting all managed
turf and fertilizer requiring plantings on the entirety of Lots
1, 2, 3, and on the R-80 zoned portion of Lot 4.
If the applicant can not abide by this request, I will ask the
Trustees and the CAC to formally reguest the Planning Board to
rescind its negative declaration pursuant to S.EQ.R.A.
The violation will be cleared to the satisfaction of the
Trustees with the guidance of the Town Attorney and any
additional inspections necessary being made by the Trustees or
Bay Constable.
cc: Town Attorney
Bay Constable
Building Department
CAC
Trustees
q~1"f~-"f~--T '"
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, CarYh'nde & Carrh'nde
?/IIorney.s 01 &w
:Philip Jl Cardinale
c5u.an 7/[ Cardinale
71rmn %ad
7>. 0. 7:>ra""", W
Jlame.rporl, %w Yor.i /1947
:Joanne ?ayan, OJ}'ce 7lranayel'
(S/6) 722-4744
?ax (SI6) 722-4877
August 21, 1991
Sit619~
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115
?JrUbV-f v.rK.-
Mr. Bennett Orlowski, Chairman
Southold Town Planning Board
Town Hall
P.O. Box 1179
Southold, NY 11971
Re: March 26, 1991 letter, copy attached
Dear Mr. Orlowski:
I enclose covenants and restrictions with requested
modifications.
Please note however that the modifications requested
at paragraph 3F and paragraph 13 have not been implemented
based upon a confererce with John Bredemeyer on Friday,
August 2, 1991.
At that time, Mr. Bredemeyer reviewed the language
included at 3F (which incidentally had always been included
in the proposed covenents without any previous objections)
and indicated that as the language was limited to "required
protective structures and landscape" he saw no problem with
the language and, in fact, supported its inclusion.
Similarly, as to the modification requested at
paragraph 13, Mr. Bredemeyer reviewed the language in the
covenants, which he had himself approved some months ago in
telephone conferences with me, and reiterated that the
existing language was more than satisfactory to him.
I therefore request that you promptly confirm the
above with Mr. Bredemeyer and then immediately forward me a
letter approving the covenants as herein proposed and set
forth (see copy attached).
Thank you for your anticipated prompt attention.
PC: j f
enc.
Sincerely,
P~~ALE. AUG221gg:
/'f - 17 ~ ~ 7~rY;;r.~:~
PLANNING IlOAltU MIiMIIERS
llennett Otln"".kl. Jt.. l"hdiul1ltll
lJl'Ut~l' kildl'" 'Alth:1I1I. JI.
Itlrh:\td (I. WIt"j
Mlttk S. Md)"llald
kennel" L ndw,i1d.
...
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Tcler""n" (.~I(" 7(,~.19.IR
.
T"wII H..II. ~~()9~ Moill Ruod
".(). II,,, 1179
!;""II,,,I.1. New Y nrk 11971
.
S('O". I.. IIARRIS
~\Ipc.~I\I'is'"
rLANNING BOAR" {)I.....U;fo;
TOWN OF SOllTHOLO
!,,,, (~If>' 765.182.1
Match 26, 1991
Alan Cardinale
P.O. tlOlt '17
Mattituck shopping Center
M~ttituck, Nbw York 11952
REi .....-l'Unor.subdlv1s1on for
Alan cardinale
James Creek
SCTMWI000-122-3-1.4
bc~t Mt. CatdinAle:
the plahhinq Boa.rd and the Town 1\.ttorney have reviewed tho
drAtt DeclAration of CovenAnts and Restrictions for the above
mentioned subdivision.
Please revise lhe dratl as follows (numbers are in
accordanc~ with th~ numbers of the araft):
~ 31:-
~/
fI1-
~
This subsection seems to conttadict the restrictions
s~t totth eAtlier in the deolaration. The Board wants
this section to be deleted.
The planninq Board and the Suffolk County Planning
Commission requested A 100 toot setback.
Th~ Board will accept a 75 tOtit setback in reference
\:0 tMid~nHa1 filttuetures only. The stlltoment ill
rot~tc!nc/'! to Mn~at:v dUpol!lal tacilitJe!! should be
l~lt at 100 teet, particulArlY oinoe thIs is II.
r~quitement of the Suffolk County DepArtment of Health
SotVidt1!l.
~j - i~ section is to be rewritten to reflect the Board
~ of Trustee's prohibition again~\: all managed turf and
[) ~' plAntfil toqultihg fettilizer, whethet otqanic or
t~ Iflorgllnld,'
14' w this section is to road "... a majority plus one of
th@ t'lilhttihg Soud...". This paragraph is not to
inelude the Town nOllrd.
.",
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AUG 2 2 \00!
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. I^\l~) Alsol Sch~dule A is to tetet to the tnap entitled, " Minor
tllV? subdiVisioh Pllin ptepated tot Alan Catdinale." The map is no
Vi . Ibl1gel' entHled IIMohring I::nterpdlles."
, d
J)J in Ilddition, t.he 7!; foot buffer atea is to be shown on the
O\j'-' final tnl'lt>!:l.
,~~ Plea~u submit a revised dtaft for the Planning Board's
yJ-/ review.
Very truly yours,
(2~}v, (ff(-,;;t.~,; /1.1"
Bennett orlowski,~: J
Chairman
.
.
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. 1 +~
~,.
.'
COVENANTS & ~ESTRICTIONS
;
THIS DECLARATION made this
day of
, 1990, by
Alan A. Cardinale, residing at Main Road, Mattituck, New York,
hereinafter referred to as the Declarant, who, as the owner of
premises described in "Schedule A" annexed hereto desires to
restrict the use and enjoyment of said Premises, and has for
such ~urposes determined to impose on said Premises covenants
and restrictions and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southold
Planning Board for approval of a subdivision wherein Premises 81
"Schedule A" would be designated Lot #4 and Premises at
"Schedule B" represent the entire premises which are the subject
of the four-lot subdivision,
2, As a condition for approval, acceptance and filing by
the Town of Southold Planning Board of such subdivision, the
Declarant agrees that upon acceptance and filing of such minor
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A"
,','
,',4
,',i
(
\','
~remises is designated Lot '4) Declarant shall promptly make
a~plication for a subdivision of that portion of "Schedule A"
Premises lying in the n (Business) Zoning Use District from th81
pottion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide two separatp
AUG 2 2 199\
tl"
.
.
and distinct building lots, each 1~cated fully within its
respective Zoning Use District.
3. The following terms and conditions shall apply to all
land lying within the 75-foot setback area from the wetlands on
Lots I, 2 and 3.:
a) No structure or building shall be placed within
the setback area. The terms "structure" and "building" shall hp
interpreted as including swimming pools, patios, storage build-
ings, structures for the housing of domesticated animals, boat
ot othet trailers, recreational vehicles, retaining walls and
bulkhead but shall not include walkways and decks provided all
required governmental permits are obtained.
b) The buffer area which is defined as the 75 foot
setback area teferred to above and shown on the subdivision map
. to be filed shall remain in its natural state. It shall not be
cleared of the indigenous vegetation of the area, nor shall it
be planted with grass or mowed.
c) The buffer area shall not be filled with either
soil, sand, or other debris, including brush.
d) The buffer area may be traversed by a walkway,
whether elevated or on the ground, provided ~ro~er wetland
~erltlits can be obtained from the a~plicable agencies, which may
include the aoatd of Trustees and the New York State Department
of ~nvironltlental Consetvation.
e) Any disturbance to the land within the buffer area
f.
."
~hdil be redre~d by ~he te~tor~tiort of s~d l~rtd to its prior
natuta! state.
~
.\
f)
No provision herein will limit the owner's right
and ptivilege to make special application to the governing
environmental authorities for the purpose of constructing
required pro~ective sttuctures and landscape to assure against
damage or diminished value to the property. Upon receiving the
apptopriate approvals, the allowable protective structures and
l~rtd~tape may be put in place without disturbance.
4, No lot line shall be changed in any manner at any
future date unless authorized by the Town of South old Planning
Iloard.
5. There shall 'be no futther subdivisions of Lots Numbered
,
1j 2 and 3 in perpetuity.
6, Clearing and gtading withirt each lot shall be limited
~o tha~ rtecessary for si~ing and constructing a house with the
inten~ of preserving as much of" the natural vegetation on the
si~e ~s possible and minimizin~ s~ormwater runoff and erosion.
1. No driveway or entrance road on Main Road or on the
ptoposed toad shali be located within 50 feet of the ends of the
ahot~ tad ius curve connec~ihg the southeasterly side of Main
~oad wi~h the nottheas~etiy side of the proposed road.
S. Ali stormwatet turtoff resulting from the development
and imptovement of ~his aubdivision or any of its lots shall be
te~ain~d on ~he si~e by adequate drainage structures so that it
.
..'
.
will not flow
.
out onto
.
Main
Road.
. .
the right-of-way of
~
. .. '1
9. No new residential structure shall be constructed or
otherwise located within 75 feet o~ the upland edge of the
wetlands or the shoreline df Uames Creek, and no ftew sanitary
disposal facilities shall be constructed or otherwise located
withidlOO feet of tht,Upland edge of the wetlands or the
shoreline of Ja~es Creek.
10. No stormwater runoff resulting from the development and
improvement of the subdivision or any of its lots shali be dis-
charged into the tidal wetlands within the parcel nor into Jame~
Creek.
11. Erosion and sediment control meaRures shall be required
during and immediately after construction on each lot to insure
that stormwater runoff will not carry eroded and other deleteri-
ou~ materials into Jame~ Creek and the tidal wetlands bordering
the treek,
12. All prospective oWners of lots within this subdivision
are advised that this subdivision is located within one mile of
Hattitutk Airport and, therefore, may be subjected to noise ema-
nating from the facility and from aircraft flying overhead or
n~arby.
Ij. In regard to Lots I, 2 and 3 and the R-80 zoned portion
of Lot 4, there shall be no uSe of indrganit fertilizer
mat~rials or plant species acknowledged to require large amounts
of nitrogen fertilizers.
14. Covenants and restrictions herein can be modified only
at the reqUest of the then owner of the premises with the
,
.
.
~
dvvtoy~l ot ~ ~ajo~ty plus ~ne of the e . ~
~
ao~td of the Town of Southo1d after ~l~ublic hearing.
Planning
Adjoining
ptopetty owners shall be entitled to notice of such public
heating but their consent to such modification shall not be
te~uited.
ALAN A. CARDINALE
STATE OF N~W YORK : COUNTY OF SUFFOLK
On the day of , 1990, before me personally came
Alan A. C~rdinale, to me known to be the individual described in
and who eketuted the fotegoing instrument, and acknowledged that
h@ ~k~cut~d the s~~e.' .
Notary Public
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,'~ ' ,;' I' ',' tlI!AC'l'l~Ho" LCl~1 q i'~!:~~:~:111~ '~"!e~~~~i':f!~:~~~i' !l~~'
SUbtlll1illlbl1 !>1ah prep!\t-I!d tot' f-J I~: ,1J.,. Lt;rr<.JS,p:' A-t...rf;.. al:. MaHHuck,
toW" ot SoU~hold, sutfolk Couhly, New York.
l' .1
,begihhlhg a~ a POlhl tormed by ~he ihlersectloh of lhe easterly line
ot Malh hoad (N.r,S. hle. 25) with lhe southerly 1ihe of lShd of ~eteco
he~l~y Cd., whlch polh~ Is ~he tollowihg coUrses ahd distances as measured
aiohg ~he !!as~er1y HhE! of said Malh hoad from the southerly Hhe of New
sUftolk Avel1ue!
(1) Sou\:.h 22" 1B' 110" West 1Bo.!fB feet,
(2) Sou~h 30. 06' lO" Wesl 100.00 feet; ahd
rUhhlhg ~hehce from said poih\:. of beg!hnihg easterly ahd northerly along
~he lal1d of l>e~eco heaHy Co. the followil1g courses al1d distal1ces:
(1) Sou~h 830 11' 50" !;as\:. 313.11 feet,
(2) Not'~h 30e 06' 10" !;as~ 100.00 fMt to lhe land of Tom's
brMfIl, ll1c.; ,
Uiel1M South 83" 111 50" ~sl:. alohg thE! laMs of Tom's bream, Inc. and
ot tll~hh d. & Louls@ B. Hunh 22!f.ijl te@t;
~hIHIC!! Sou~h ,e oij' QOIt Wes\:. cOhl:.1huihg alohg the lahd ot Glenh G. &
Lou18@ ~. Muhl1 362.00 tee~;
,
~h@hc@ ue~~erly ahd 80utherly bhrough the land of Mohring Bnterprises,
tho. bh@ tol1owlhg coUrse8 ~l1d di~lahce81
( 1) Nor~h Me 55' 20" WM~ 251.6Q feel:.,
(2) &lulh 3~" 08' 2011 W@!:!b 215.11 feel 1:.0 the land of Paul Lucas;
~hehcl! Nor~h 51" 51' ijo" We!l~ dONg ~he land of Paul Lucas, a right of
WAY, bf ~ul ~hd Helel1 Lucas ahd of Wal~e~ Grable, Inc. ij93.ijl feet 1:.0 a point
1" ~he @~~~erly lih@ of sald Hail1 head;
~h@"~@ hor~herly alohg ~he eas~e~ty tll1e of said Hain hoad I:.he following
coUrS@~ Ahd di8bahC@!:!:
(1) Noflh ijij6 56'
(~) Nol'~h 316 01'
(3) Nol'~h 306 06'
Ml!;lhl1il1!!.
00" Ettst
SOil FAI'l~
lOll F.a!!lt
110.00 teeh,
Hl3.23 tl!@t,
60.00 tl!e~ to'~he poinh or place of
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11~t&"M.Rtl rl:f~8R fl~t.dl litultl, lyiftR 1ft .t~A~t~d~~II~"
".tl1lU~kl tewn 6f ~6utkoldl 06uhty of SUffolk Ind Stlt@ of Nev York.
"lIIt beultdld tllld dUtt:!. bId IU f6HoWll! ~. \ . .
. ftROthhthtl It . poiht 6n th@ ~I.tetl, lIide of Main Road (Route 25)
,n UU! Itllflk"UUtly l:1lt-ntH of thl! Iltl!llllllell' herein dueribed,
1ta4jellliRA Ill1d n6W ot fotlll!!tl, of retleo Realty Cd. on the Notth;
'.lItuRRilill HIIIIl:l! 1l1611A llllit! hnd now ot forlltet1, of l'eteeo Redty Co., .
.thl! tlllillWillA two e6Utlll!I IInd dilltllheell .
,.... 1) ~6u~h Ilje 11' 5011 I':ut, :H3.11 het; .
l~~ ~) htlttk JOS 06' 1011 kallt. 100 feet lo land now or formerly of
.J'" Muei6!leil lint! Inothei'l .
RUft1li1l1 th@ltl:@ 116ng !laid lllnd IInd.ll1nd of Ehlerll, South 83" II' 50"
~I.tl 2~4,41 f@ltl .
RUllft Itl thlnel 110nR lIaid land of Ehlera, lhe followin8 lwo eoqraes
lilt! dill tllIItl!!l I .
~t . 1) ~outh le4' 4011 Weill, 362.00 tel!t; ,
!J' 2) S6uth IHe 44' 2011 kut, 248.84 hel lo James Creek;
.Iulllliltl thlltel 8i611. thl edA!! of JAllll1 Creek by tie linel the'
tuileWIRA l!IAhlllft eoUfll~ll 1I1tt! dlfttftltl:l!ftl.
1) Soulh ~6s .~1' 101l'Wl!llt, 16.11 teet;
2) llllUth 14& 01)' IS!' Wl!llt, 141,!S1 hl!ll
1) Sllulh ~& 55' 2511 WeAt, 411.04 teetl
4) SIlUlh ~2e S1' 5511 WIAt, jj.41 te@t;
J ~) ~uulh 168 41' ~o" W@nt, 10U.~0 f@et;
'~l~ &) ~tlUlh j8 lZ' 50" kutt ~t.1l5 hill;
'lq.' 1) llllUllt lj8 iZ' 5{j1l Welltj l~",j hH;
',~ 0) llllUlh ~8 Z4' JOIl ~A~tl 1 5,43 fe~t;
.tF::' lJ) !lllu~h 118 1)5' 15" WIAtt 50,15 hl!l;
,1:11."..... 1101) h6Hh ~lJ: jlJ', 15',' Wilt, 131,1Z hl!ll
~ ) Nllf~h 01 !S6 40' W~All 116.15 f@@tl
- '; U) HllHIt III e ~O' :Wll Wl!Ah 83.86 h(!l;
, . lj) hllfllt 168 1)6' 5511 Wl!8t, 1l4.1j fe@ll
'4/. 14) hllflk 118 54' 2011 W@8l, 611.112 fl!lltl
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THE SUFFOLK COUNTY NATIONAL BANK
6 WEST SECOND STREET-P.O. BOX 269.RIVERHEAD, NEW YORK 11901- (516)727-2700. FAX(516) 727-3210
August 7, 1991
Town Board
Town of Southold
Southold, New York 11971
Re: Performance Bond - $78,780.00
Alan Cardinale Minor Subdivision
SCTM 1000-122-3-1.4
Letter of Credit No. 910807
Dear Board Members:
By order of Alan cardinale, and for the account of same, we
hereby establish this irrevocable letter of credit in your favor
up to an aggregate amount of Seventy Eight Thousand Seven Hundred
Eighty and 00/100 ($78,780.00) U.S. Dollars available by your
drafts at sight accompanied by this original letter of credit and:
A purported copy of a resolution of the Town Board,
purportedly certified by the Town Clerk, which indicates:
"Alan Cardinale has failed to complete all of the
improvements in connection with the subdivision map entitled "Alan
Cardinale Minor Subdivision" heretofore approved by the Planning
Board of the Town of Southold, and that as a result of said
failure, there is due and owing an amount equal to the face amount
of our draft. Said resolution should also indicate that the
amount drawn hereunder is for the sole purpose of completing those
items of improvement which were to have been completed by Alan
Cardinale."
This letter of credit remains in force in Riverhead, New York
and must be presented for payment at our counters or by
presentation to the Suffolk County National Bank for collection at
our counters not later than August 7, 1992 and all drafts drawn
hereunder must be negotiated on or before that date.
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~ THE SUFFOLK COUNTY NATIONAL BANK
Each draft must
Credit of the Suffolk
August 7, 1991 and the
state
County
amount
that it is "Drawn Under Letter of
National Bank", No. 900807, dated
endorsed on this letter of credit.
We hereby agree with the drawers, endorsers and bona fide
holders of drafts drawn under and in compliance with the terms of
this letter of credit that such drafts will be duly honored upon
presentation to the drawee.
Except as otherwise expressly stated herein, this letter of
credit is subject to the Uniform Customs and Practice for
Documentary Credits (1983 Revision) International Chamber of
Commerce Publication No. 400.
sincerely,
~c-rd ? /l1l<<~
David T. Devito
Assistant vice President
.,/ ...
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
.
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Fax (516) 765-1823
March 26, 1991
Alan Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, New York 11952
RE: Minor Subdivision for
Alan Cardinale
James Creek
SCTM#1000-122-3-l.4
Dear Mr. Cardinale:
The Planning Board and the Town Attorney have reviewed the
draft Declaration of Covenants and Restrictions for the above
mentioned subdivision.
Please revise the draft as follqws (numbers are in
accordance with the numbers of the draft):
3f - This subsection seems to contradict the restrictions
set forth earlier in the declaration. The Board wants
this section to be deleted.
9 - The Planning Board and the Suffolk County Planning
Commission requested a 100 foot setback.
The Board will accept a 75 foot setback in reference
to residential structures only. The statement in
reference to sanitary disposal facilities should be
left at 100 feet, particularly since this is a
requirement of the Suffolk County Department of Health
Services.
13 - This section is to be rewritten to reflect the Board
of Trustee's prohibition against all managed turf and
plants requiring fertilizer, whether organic or
inorganic.
14 -
This section is to read "
the Planning Board...".
include the Town Board.
a majority plus one of
This paragraph is not to
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.
Also, Schedule A is to refer to the map entitled, " Minor
Subdivision Plan prepared for Alan Cardinale." The map is no
longer entitled "Mohring Enterprises."
In addition, the 75 foot buffer area is to be shown on the
final maps.
Please submit a revised draft for the Planning Board's
review.
Very truly yours,
1i*7'# t/d~);i. /M
Bennett Orlowski, Jr. ~
Chairman
,
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SUBJECT:
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COMMENTS:
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SUBMISSION WITHOUT COVER LETTER
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REGARDING~__. ~ c:::/'"~ atJ~,~ ~ ('-;;,u,~;',~ DATE: /~-.2.1"- .Po
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ALAN A.CARDINALE f?1.5
P.O. BOX 77
MATTITUCK, L.I.. N.Y. 11952
516-298-4223.
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tOVENANTS & RESTRICTIONS .
'....
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THIS DECLARATION made this .28 day ofPEt:EA'/t!E.<' 1990, by
Alan A. Cardinale, residing at Main Road, Mattituck, New York,
hereinafter referred to as the Declarant, who, as the owner of
premises describea'in "Schedule A" annexed hereto desires t~
restrict the use and enjoyment of said Premises, and has for
such purposes determined to impose on said Premises covenants
and restrictions and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southold
Planning Board for approval of a subdivision wherein Premises at
"Schedule A" would be designated Lot #4 and Premises at
"Schedule B" represent the entire premises which are the subject
of the four-lot subdivision.
2. As a condition for approval, acceptance and filing by
the Town of Southold Planning Board of such subdivision, the
"
Declarant agrees that upon acceptance and filing of such minor
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A"
premises is designated Lot #4) Declarant shall promptly make
application for a subdivision of that portion of "Schedule A"
Premises lying in the B (Business) Zoning Use District from that
portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide two separate
.
.
JAN - 3 199/
II..
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and distinct building lots, each located fully within its
respective Zoning Use District.
3. The following terms and conditions shall apply to all
land lying within-the 75-foot setback area from the wetlands on
Lots 1,2 and 3.:
/
a) No structure or building shall be placed within
the setback area. The terms "structure" and "building" shall be
interpreted as including swimming pools, patios, storage build-
ings, structures for the housing of domesticated animals, boat
or other trailers, recreational vehicles, retaining walls and
bulkhead but shall not include walkways and decks provided all
required governmental permits are obtained.
b) The buffer area which is defined as the 75 foot
setback area referred to above and shown on the subdivision map
to be filed shall remain in i~s natural state. It shall not be
cleared of the indigenous vegetation of the area, nor shall it
be planted with grass or mowed. ,.
c) The buffer area shall not be filled with either
soil, sand, or other debris, including brush.
d) The buffer area may be traversed by a walkway,
whether elevated or on the ground, provided proper wetland
permits can be obtained from the applicable agencies, which may
include the Board of Trustees and the New York State Department
..
of Environmental Conservation.
"
.
e) Any disturbance to the land within the buffer area
(l
.
.
shall be redressed by the restoration of said land to its prior
natural state.
f) No provision herein will limit the owner's right
and privilege to'make special application to the governing
environmental authorities for the purpose of constructing
"
required protective structures and landscape to assure against
damage or diminished value to the property. Upon receiving the
appropriate approvals, the allowable ,protecth,e structures and
landscape may be put in place without disturbance.
4. No lot line shall be changed in any manner at any
future date unless authorized by the Town of Southold Planning
Board.
5. There shall be no further subdivisions of Lots Numbered
1, 2 and 3 in perpetuity.
6. Clearing and grading within each lot shall be limited
to that necessary for siting and constructing a house with the
intent of preserving as much of tfi~ natural vegetation on the
site as possible and minimizing stormwater runoff and erosion.
7. No driveway or entrance road on Main Road or on the
proposed road shall be located within 50 feet of the ends of the
short radius curve connecting the southeasterly side of Main
Road with the northeasterly side of the proposed road.
8. All stormwater runoff resulting from the development
and i,provement of this subdivision or any of its lots shall be
retained on the site by adequate drainage structures so that it
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will not flow out onto the right-of-way of Main Road.
9. No new residential structure or sanitary disposal
facility shall be constructed or otherwise located within 75
feet of the uplana "edge of the wetlands or the shoreline of
, .
James Creek.
10. No stormwater runoff resulting from the development and
improvement of the subdivision or any of its lots shall be dis-
charged into the tidal wetlands within the parcel nor into James
Creek.
11. Erosion and sediment control measures shall be required
during and immediately after construction on each lot to insure
that stormwater runoff will not carry eroded and other deleteri-
ous materials into James Creek and the tidal wetlands bordering
the creek.
12. All prospective owners of lots within this subdivision
are advised that this subdivision is located within one mile of
Mattituck Airport and, therefore, maf be subjected to noise ema-
nating from the facility and from aircraft flying overhead or
nearby.
13. In regard to Lots I, 2 and 3 and the R-80 zoned portion
of Lot 4, there shall be no use of inorganic fertilizer
materials or plant species acknowledged to require large amounts
of nitrogen fertilizers.
.
14. Covenants and restrictions herein can be modified only
at the request of the then owner of the premises with the
r
:
.
.
approval of a majority plus one of the Town Board or Planning
Board of the Town of Southold after a public hearing. Adjoining
property owners shall be entitled to notice of such public
hearing but their consent tdsuch modification sh~ll not be
required.
~-~
-' AL A. DIN ALE
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the ,},fM day of DtCPmDq-, 1990, before me personally came
Alan A. Cardinale, to me known to be the individual described in
and who executed the foregoing instrument, and acknowledged that
he executed the same. @.' (cJ~
_'-Un ~ _'d.J~
Notary/ ublic
__. LAURIE E. GRAEB
."""', Public. State of New YOfIc
~. 4821B18. Suffolk County a
_m Expw. September 30.1' (.:2-
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, . description of Lot 4 as shown on a map entitled, "Minor
Subdivision Plan prepared for Mohring Enterprises, Inc." at Mattituck,
Town of Southold, Suffol~ County, New York.
. Beginn~ng at a point formed by the intersection of the easterly line
of Main Road (N.Y.S. Rte. 25) with the southerly line of land of Peteco
Realty Co., which point is the following courses and distances as measured
along the easterly line of said Main Road from the southerly line of New
Suffolk Avenue:
(1) South 22" 18' 40" West 180.48 feet,
(2) South 30" 06' 10" West 100.00 feet; and
running thence from said point of beginning easterly and northerly along
the land of Peteco Realty Co. the following courses and distances:
(1) South 83" 11' 50" East 313.77 feet,
(2) North 30" 06' 10" East 100.00 feet to the land of Tom's
Dream, Inc.; .
thence South 83" 11' 50" East along the lands of Tom's Dream, Inc. and
of Glenn G. & Louise B. Munn 224.41 feet;
thence South 1" 04' 40" West continuing along the land of Glenn G. &
Louise B. Munn 362.00 feet;
thence westerly and southerly through the land of Mohring Enterprises,
Inc. the following courses and distances:
(1) North 88" 55' 20" West 257.64 feet,
(2) South 32" 08' 20" West 215.77 feet to the land of Paul Lucas;
thence North 57" 51' 40" West along the land of Paul Lucas, a right of
way, of Paul and Helen Lucas and of Walter Grabie, Inc. 493.41 feet to a point
in the easterly line of said Main Road;
thence northerly along the easterly line of said Main Road the following
courses and distances:
(1) North 44" 56' 00" Eas t
(2) North 37" 07' 50" East
(3) North 30. 06' 10" East
170.00 feet,
103.23 feet,
60.00 feet to the
.
point or place of
beginning. ·
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LL that certain plot, piece or parcel of land, with the buildinga
end improvements thereon erected. situate. lying and being in at
Hettituck, Town of Southold, County of Suffolk and State of New York,
,~eing bounded and described as follows:
ifi, BEGINNING at a point on the easterly side of Main Road (Route 25)
~ l:at the northwesterly corner of the premises herein described,
>~l[adjoining la~d now or formerly of Peteco Realty Co. on the North;
~Runnin~ thence along said land now or formerly of Peteco Realty Co.,
,.li, l-lthe following two courses and distances:
~<I'T"" 1) South 83011' 50" East, 313.77 feet;
~~2 2) North 300 06' 10" East, 100 feet to land now or formerly of
~'iil"; Mescioscia and another;
,~_; Running thente along said land and'land of ihlers, South 830 II' 50"
East, 224.41 feet;
Running thence along said land of Ehlers, the following two courses
and distances:
.{ '1) South 10 4' 40" West, 362.00 feet;
,0'/'", 2) South 610 44' 20" East, 248.84 feet to James Creek;
; .Running thence slong the edge of James Creek by tie lines the'
following eighteen courSeS snd distances:
1) South 260 27' 10"'West, 76.12 feet;
2) South 240 00' 15'\ West, 147.51 feet;
3) South 50 55' 25" West, 48.04 feet;
4) South 520 57' 55" West, 33.47 feet;
5) South 160 47' 50" West, 100.90 feet;
6) South 30 12' 50" East, 91.85 feet;
7) South 130 12' 50" West, 75',63 feet;
8) South 20 24' 30" East, 115.43 feet;
9) South 320 05' 15" West, 50.75 feet;
10) North 590 39' 15" West, 137. 72 fpet;
11) North 810 56' 40" West, 116.25 feet;
12) North 810 50' 20" West, 83.86 feet;
13) North 760 06' 55" West, 84.73 feet;
14) North 770 54' 20" West, 68.82 feet;
15) North 830 20' 50" West, 118.07 feet;
16) North 710 15' 45" West, 63.61 feet;
17) South 850 17' 15" West, 81.37 feet;
18) North 740 48' 45" West, 73.86 feet to land of Pantaleo;
Running thence along said land of Pantaleo and others North 480 00'
, _~,''r;.' 00" East, 615.29 feet to the northeast corner of land ofLuc~s;
.~l;;Running thence along said land of Lucas and other, North 570 51' 40"
,tl,!,t,' West, 568.41 feet to the easterly line of Main Road, Route 25;
: ''':'l, Running thence along said line th,e following three courses and
'I;~" distances:
, 1) Nortb 440, ,6' 00"
,'. 2) North 370 07' 50"
;,t.- 3 ) North 300 06' 10"
,r. BE~INNING.
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East,
East,
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170.00 feet;
103.23 feet;
60.00 feet to
the point of place of
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,
.
PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOTI L. HARRIS
Supervisor
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
October 25, 1990
Philip J. Cardinale
Main road
P.O. Box W
Jamesport, New York 11947
RE: Proposed Subdivision for
Alan Cardinale
SCTM# 1000-122-3-1.4
Dear Mr. Cardinale:
As per your telephone conversation of this morning with
Melissa Spiro, enclosed please find a copy of the Planning
Board's correspondence of September 18, 1990 and the Trustees'
report of September 7, 1990. The draft Declaration of Covenants
and Restrictions must be revised as per the letter and the
report.
Upon submission of a revised draft Declaration of Covenants
and Restrictions, the document will be forwarded by the Planning
Board to the Town Attorney for review.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
~ t:fld~', I.
Bennett Orlowski, ~'~
Chairman
enc.
.
.
Garch'nale & Garch'nale
?/lIorneys 01 Baw
'7'1U:hp 7 Card?nak
0usan JI. Cardi"nak
.Alain ::Road
'Po. 230x 7e!
:1amesporl, Xew Yor~ 1/947
Cara/guy/on, Office ""anager
(316) 722-4744
Oc to ber 2, 1990
$/A ifl <--G
liS
Planning Board of The Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Attn: Mr. Bennett Orlowski, Jr., Chairman
Re: Subdivision for Alan Cardinale
SCTM# 1000 - 122 - 3 - 1.4
Dear Mr. Orlowski,
Enclosed are the Covenants and Restrictions which have
been amended in accordance with your letter of May 22, 1990
at Paragraph 13.
Subsequent to receiving your letter I discussed the
requested change with the Town Attorney who indicated that
he knew of no legal reason for such change. Since the
approved preliminary subdivision map, previous discussion
between the applicant and the Board and applicable law
contemplate a 75 foot setback, I have left such setback at
75 feet.
Sincerely,
-PiJyoy c?tU~
PHILIP J. CARDINALE
enc
OCT 2 3 1990
. .
,
.
.
COVE~A~TS & RESTRICTIONS
THIS DECLARATION made this day of , 1990, by
Alan A. Cardinale, residing at Main Road, Mattituck, New York,
hereinafter referred to as the Declarant, who, as the owner of
premises described in "Schedule A" annexed hereto desires to
restrict the use and enjoyment of said Premises, and has for
such purposes determined to impose on said Premises covenants
and restrictions and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southold
Planning Board for approval of a subdivision wherein Premises at
"Schedule A" would be designated Lot #4 and Premises at
"Schedule B" represent the entire premises which are the subject
of the four-lot subdivision.
2. As a condition for approval, acceptance and filing by
the Town of Southold Planning Board of such subdivision, the
Declarant agrees that upon acceptance and filing of such minor
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A"
premises is designated Lot #4) Declarant shall promptly make
application for a subdivision of that portion of "Schedule A"
Premises lying in the B (Business) Zoning Use District from that
portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide two separate
.",,:; ~..,j
,OCT 23 1990
.
.
and distinct building lots, each located fully within its
respective Zoning Use District.
3. The following terms and conditions shall apply to all
land lying within the 75-foot setback area from the wetlands on
Lots 1,2 and 3.:
a) No structure or building shall be placed within
the setback area. The terms "structure" and "building" shall be
interpreted as including swimming pools, patios, storage build-
ings, structures for the housing of domesticated animals, boat
or other trailers, recreational vehicles, retaining walls and
bulkhead but shall not include walkways and decks provided all
required governmental permits are obtained.
b) The buffer area which is defined as the 75 foot
setback area referred to above and shown on the subdivision map
to be filed shall remain in its natural state. It shall not be
cleared of the indigenous vegetation of the area, nor shall it
be planted with grass or mowed.
c) The buffer area shall not be filled with either
soil, sand, or other debris, including brush.
d) The buffer area may be traversed by a walkway,
whether elevated or on the ground, provided proper wetland
permits can be obtained from the applicable agencies, which may
include the Board of Trustees and the New York State Department
of Environmental Conservation.
e) Any disturbance to the land within the easement
. .
.
.
shall be redressed by the restoration of said land to its prior
natural state.
f) No provision herein will limit the owner's right
and privilege to make special application to the governing
environmental authorities for the purpose of constructing
required protective structures and landscape to assure against
damage or diminished value to the property. Upon receiving the
appropriate approvals, the allowable protective structures and
landscape may be put in place without disturbance.
4. No lot line shall be changed in any manner at any
future date unless authorized by the Town of Southold Planning
Board.
5. There shall be no further subdivisions of Lots Numbered
I, 2 and 3 in perpetuity.
6. Clearing and grading within each lot shall be limited
to that necessary for siting and constructing a house with the
intent of preserving as much of the natural vegetation on the
site as possible and minimizing stormwater runoff and erosion.
7. No driveway or entrance road on Main Road or on the
proposed road shall be located within 50 feet of the ends of the
short radius curve connecting the southeasterly side of Main
Road with the northeasterly side of the proposed road.
8. All stormwater runoff resulting from the development
and improvement of this subdivision or any of its lots shall be
retained on the site by adequate drainage structures so that it
. .
.
.
will not flow out onto the right-of-way of Main Road.
9. No new residential structure or sanitary disposal
facility shall be constructed or otherwise located within 75
feet of the upland edge of the wetlands or the shoreline of
James Creek.
10. No stormwater runoff resulting from the development and
improvement of the subdivision or any of its lots shall be dis-
charged into the tidal wetlands within the parcel nor into James
Creek.
11. Erosion and sediment control measures shall be required
during and immediately after construction on each lot to insure
that stormwater runoff will not carry eroded and other deleteri-
ous materials into James Creek and the tidal wetlands bordering
the creek.
12. All prospective owners of lots within this subdivision
are advised that this subdivision is located within one mile of
Mattituck Airport and, therefore, may be subjected to noise ema-
nating from the facility and from aircraft flying overhead or
nearby.
13. Covenants and restrictions at #1 through #12 can be
modified only at the request of the then owner of the premises
with the approval of a majority plus one of the Town Board or
Planning Board of the Town of Southold after a public hearing.
Adjoining property owners shall be entitled to notice of such
. .
.
.
be required.
public hearing but their consent to such modification shall not
ALAN A. CARDINALE
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the day of
Alan A. Cardinale, to me known
and who executed the foregoing
he executed the same.
, 1990, before me personally came
to be the individual described in
instrument, and acknowledged that
Notary Public
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description of Lot q as shown on a map entitled, "Minor
Subdivision Plan prepared for Mohring Enterprises, Inc." at Mattituck,
Town of Southold, Suffolk County, New York.
Beginning at a point formed by the intersection of the easterly line
of Main Road (N.Y.S. Rte. 25) with the southerly line of land of Peteco
Realty Co., which point is the following courses and distances as measured
along the easterly line of said Main Road from the southerly line of New
Suffolk Avenue:
(1) South 22' 18' 110" West 180.q8 feet,
(2) South 30' 06' 10" West 100.00 feet; and
running thence from said point of beginning easterly and northerly along
the land of Peteco Realty Co. the following courses and distances:
(1) South 83' 11' 50" East 313.77 feet,
(2) North 30' 06' 10" East 100.00 feet to the land of Tom's
Dream, Inc.;
thence South 830 11' 50" East along the lands of Tom's Dream, Inc. and
of Glenn G. & Louise B. Munn 22Q.q1 feet;
thence South l' oQ' QO" West continuing along the land of Glenn G. &
Louise B. Munn 362.00 feet;
thence westerly and southerly through the land of Mohring Enterprises,
Inc. the following courses and distances:
(1) North 880 55' 20" West 257. 6Q feet,
(2) South 320 08' 20" West 215.77 feet to the land of Paul Lucas;
thence North 570 51' QO" West along the land of Paul Lucas, a right of
way, of Paul and Helen Lucas and of Walter Grabie, Inc. Q93.Q1 feet to a point
in the easterly line of said Main Road;
thence northerly along the easterly line of said Main Road the following
courses and distances:
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(1) North QQo 56' 00" East
(2) North 37' 07' 50" East
(3) North 30. 06' 10" East
170.00 feet,
103.23 feet,
60.00 feet to the point or place of
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2~)~L t~nt cerlnln plot, piece or parcel of land, with the buildings
~.nd improvements thereon erected. situate, lying and being in st
~H.tt1tuck, Town of Southold, County of Suffolk and State of New York,
~~be1ng bounded and described as follows:
f~ri BEGINNING at a point on the easterly side of Main Road (Route 25)
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4; 'f,.the following two courses and distances:
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;;,:, South 83 11 50 East,33.77feet;
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j,' 2) North 30' 06' 10" East, 100 feet to land now or formerly of
Mescioscia and another:
Running thence along said land and'land of Ehlers, South 83' 11' 50"
East, 224.41 feet:
Running thence along said land of Ehlers, the following two courses
'-- and distances:
_;~"'lI~~~ 1) South I' 4' 40" West, 362.00 feet;
d '" 2) South 61' 44' 20" East, 248.84 feet to James Creek;
" ,Running thence along the edge of James Creek by tie lines the'
following eighteen courses and distances:
1) South 26' 27' 10" West, 76.12 feet;
2) South 24' 00' 15" Weat, 147.51 feet:
3) South 5' 55' 25" West, 48.04 feet;
4) South 52' 57' 55" West, 33.47 feet:
5) South 16' 47' 50" West, 100.90 feet;
6) South 3' 12' 50" East, 91.85 feet:
7) South 13' 12' 50" West, 75.63 feet:
8) South 2' 24' 30" East, 115.43 feet:
9) South 32' 05' 15" West, 50.75 feet;
10) North 59' 39' 15" West, 137.72 feet;
11) North 81' 56' 40" West, 116.25 feet:
12) North 81' 50' 20" West, 83.86 feet:
13) North 76' 06' 55" West, 84.73 feet:
14) North 77' 54' 20" West, 68.82 feet;
15) North 83' 20' 50" West, 118.07 feet;
16) North 71' IS' 45" West, 63.61 feet;
17) South 85' 17' 15" West, 81.37 feet;
18) North 74' 48' 45" West, 73.86 feet to land of Pantaleo;
Running thence along said land of Pantaleo and others North 48' 00'
'~j."'" 00" East, 615.29 feet to the northeast corner of land of Lucas;
~(> Running thence along said land of Lucas and other, North 57" 51' 40"
''1,t, West, 568.41 feet to the easterly line of Main Road, Route 25;
,.~ Running thence along said line th. following three courses snd
distances:
1) North 44' 56' 00"
2) North 37' 07' 50"
3) North 30' 06' 10"
BEGINNING.
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170.00 feet:
103.23 feet;
60.00 feet to
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PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chairman
George Ritchie Latham. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOTI L. HARRIS
Supervisor
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town HaIl. 53095 Main Road
P.O. Box 1\79
Southold, New York 1\97\
Fax (5\6) 765-\823
October 3, 1990
Alan Cardinale
Mattituck Shopping Center
Main Road
Mattituck, New York 11952
RE: Proposed Subdivision for
Alan Cardinale
SCTM#1000-122-3-1.4
Dear Mr. Cardinale:
Enclosed please find a copy of the September 25, 1990
resolution by the Southo1d Town Board accepting the Letter of
Credit in the amount of $78,780.00 for the above mentioned
subdivision.
Please contact this office if you have any questions.
Very truly yours,
B~~{~rf'4t>
Chairman
Encl.
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JUDITH T. TERRY
TOWN CLERK
RECISTRAR 010' VITAL 5T ATISTICS
Town Hal!, 53095 ,Main Road
P.O. Box 1179
Southold, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUfHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 25, 1990:
RESOLVED that the Town Board of the Town of Southold hereby accepts
the Letter of Credit, posted as a bond for roads and improvements in the
Alan Cardinale Subdivision at Mattituck, in the amount of F8,780.00, all in
accordance with the Town Board's resolution of December 27, 1989
approving said amount upon the recommendation of the Southold Town
Planning Board and Sidney B. Bowne & Son, Consulting Engineers.
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Judith T. Te~
Southold Town Clerk
September 26, 1990
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR 0"- VIrAL 5T A TlSTICS
Town Hall, 53095 Main Road
P.O. Box 1179
Southo1d, New York 11971
FAX (516) 765.1823
TELEPHONE (516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 25, 1990:
RESOLVED that the Town Board of the Town of Southold hereby accepts
the Letter of Credit, posted as a bond for roads and improvements in the
Alan Cardinale Subdivision at Mattituck, in the amount of $78,780.00, all in
accordance with the Town Board's resolution of December 27, 1989
approving said amount upon the recommendation of the Southold Town
Planning Board and Sidney B. Bowne & Son, Consulting Engineers.
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~T. Terry rJ
Southold Town Clerk
September 26, 1990
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PLANNING BOARD MEMBERS
Bennell Orlowski, Jr., Chairman
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOTI L. HARRIS
Supervisor
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
September 18, 1990
Alan A. Cardinale
P.o. Box 77
Mattituck Shopping Center
MAttituck, New York 11952
RE: Proposed Subdivision for
Alan Cardinale
SCTMi 1000-122-3-1.4
Dear Mr. Cardinale:
Enclosed please find a copy of a report from John
Bredemeyer, President of the Board of Trustees.
The Planning Board requests that you revise the Declaration
of Covenants and Restrictions as per the report.
Please submit a revised Declaration of Covenants and
Restrictions to this office.
Very truly yours,
~t:P~'1 fJ.
Bennett Orlowski, Jr. ~ ~5
Chairman
enc.
cc: John Bredemeyer
TRUSTEES
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John M. Bredemeyer. III. President
Henry P. Smith. Vice President
Albert J. Krupski. Jr.
John L. Bednoski. Jr.
John B. Tuthill
Telephone (516) 765-1892
SCOTT L. HARRIS
Supervisor
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New Yark 1197 I
Fax (516) 765-1823
Telephone (516) 765-1800
September 7, 1990
TO:
FROM:
RE:
Planning Board &)1~f
John Bredemeyer, presidento ~I
Alan Cardinale Subdivision v 1~:2-3-1.'i
After the Trustees inspected the above-referenced site on
9/6/90, I informed Mr. Alan Cardinale, Jr. (project manager)
that the Board would not entertain a waiver or permit for those
activities which have taken place on site within 75' of the
wetlands. As a result, he has agreed to remove all fill within
75' of the wetland line as depicted on his pending subdivision
map.
Since the activities on site clearly intercept and violate the
intent and spirit of the pending C & R's before the Planning
Board, this office requests continued suspension of any Planning
Board action until the matter is cleared.
In light of this violation and the intensity of land use already
commencing on site, the Trustee Office requests the Planning
Board to consider an additional C & R prohibiting all managed
turf and fertilizer requiring plantings on the entirety of Lots
1, 2, 3, and on the R-BO zoned portion of Lot 4.
If the applicant can not abide by this request, I will ask the
Trustees and the CAC to formally request the Planning Board to
rescind its negative declaration pursuant to S.EQ.R.A.
The violation will be cleared to the satisfaction of the
Trustees with the guidance of the Town Attorney and any
additional inspections necessary being made by the Trustees or
Bay Constable.
cc: Town Attorney
Bay Constable
Building Department
CAC
Trustees
.
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TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
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SCOTT L. HARRIS
Supervisor
Telephone (516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
September 7, 1990
TO:
FROM:
RE:
Planning Board '~~
John Bredemeyer, president~~~
Alan Cardinale Subdivision 1;,2 - .'3-I."f
After the Trustees inspected the above-referenced site on
9/6/90, I informed Mr. Alan Cardinale, Jr. (project manager)
that the Board would not entertain a waiver or permit for those
activities which have taken place on site within 75' of the
wetlands. As a result, he has agreed to remove all fill within
75' of the wetland line as depicted on his pending subdivision
map.
Since the activities on site clearly intercept and violate the
intent and spirit of the pending C & R's before the Planning
Board, this office requests continued suspension of any Planning
Board action until the matter is cleared.
In light of this violation and the intensity of land use already
commencing on site, the Trustee Office requests the Planning
Board to consider an additional C & R prohibiting all managed
turf and fertilizer requiring plantings on the entirety of Lots
1, 2, 3, and on the R-80 zoned portion of Lot 4.
If the applicant can not abide by this request, I will ask the
Trustees and the CAC to formally request the Planning Board to
rescind its negative declaration pursuant to S.EQ.R.A.
The violation will be cleared to the satisfaction of the
Trustees with the guidance of the Town Attorney and any
additional inspections necessary being made by the Trustees or
Bay Constable.
cc: Town Attorney
Bay Constable
Building Department
CAC
Trustees
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ALAN A. CARDINALE
REAL ESTATE MANAGEMENT & INVESTMENT
P. O. BOX 77
MATTITUCK SHOPPING CENTER
MATTITUCK, L.I., N.Y. 11952
September 6, 1990
Southold Town Planning Department
Main Road
Southold, NY 11971
Re. James Creek
Subdivision
Dear Melissa.
516-298-4223
S t( 8 FI t..E"""
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Enclosed please find as requested the revisions to our
road profile for the above subdivision. Please call if any
further information is required.
Very truly yours,
~/(~
Alan A. Cardinale
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S.
TRUSTEES
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Stt/,hl.l:
SCOTT L. HARRIS
Supervisor
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone (516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
August 31, 1990
TO:
FROM:
RE:
Planning Board f)' ~
John M. Bredemeyer, Pr id nt
Alan Cardinale Project
Please
matter
reason
before
hold in abeyance any pending Planning Board action in the
of Alan Cardinale, James Creek SCTM *1000-122-3-1.4; the
being a correction of a wetland violation is pending
the Board of Trustees.
cc: Trustees
Bldg Dept
Alan Cardinale
~~
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SENDER:
SUBJECT:
SCTMlI:
COMMENTS:
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SUBMISSION WITHOUT COVER LETTER
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COVENANTS & RESTRICTIONS
THIS DECLARATION made this
day of
, 1990, by
Alan A. Cardinale, residing at Main Road, Mattituck, New York,
hereinafter referred to as the Declarant, who, as the owner of
premises described in "Schedule A" annexed hereto desires to
restrict the use and enjoyment of said Premises, and has for
such purposes determined to impose on said Premises covenants
and restrictions and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southold
Planning Board for approval of a subdivision wherein Premises at
"Schedule A" would be designated Lot #4 and Premises at
"Schedule B" represent the entire premises which are the subject
of the four-lot subdivision.
2. As a condition for approval, acceptance and filing by
the Town of Southold Planning Board of such subdivision, the
Declarant agrees that upon acceptance and filing of such minor
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A"
premises is designated Lot #4) Declarant shall promptly make
application for a subdivision of that portion of "Schedule A"
Premises lying in the B (Business) Zoning Use District from that
portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide two separate
AUG , 4 1990
'.
.
.
and distinct building lots, each located fully within its
respective Zoning Use District.
3. The following terms and conditions shall apply to all
land lying within the 75-foot setback area from the wetlands on
Lots 1, 2 and 3.:
a) No structure or building shall be placed within
the setback area. The terms "structure" and "building" shall be
interpreted as including swimming pools, patios, storage build-
ings, structures for the housing of domesticated animals, boat
or other trailers, recreational vehicles, retaining walls and
bulkhead but shall not include walkways and decks provided all
required governmental permits are obtained.
b) The buffer area which is defined as the 75 foot
setback area referred to above and shown on the subdivision map
to be filed shall remain in its natural state. It shall not be
cleared of the indigenous vegetation of the area, nor shall it
be planted with grass or mowed.
c) The buffer area shall not be filled with either
soil, sand, or other debris, including brush.
d) The buffer area may be traversed by a walkway,
whether elevated or on the ground, provided proper wetland
permits can be obtained from the applicable agencies, which may
include the Board of Trustees and the New York State Department
of Environmental Conservation.
e) Any disturbance to the land within the easement
.-
.
.
shall be redressed by the restoration of said land to its prior
natural state.
f) No provision herein will limit the owner's right
and privilege to make special application to the governing
environmental authorities for the purpose of constructing
required protective structures and landscape to assure against
damage or diminished value to the property. Upon receiving the
appropriate approvals, the allowable protective structures and
landscape may be put in place without disturbance.
4. No lot line shall be changed in any manner at any
future date unless authorized by the Town of Southold Planning
Board.
5. There shall be no further subdivisions of Lots Numbered
I, 2 and 3 in perpetuity.
6. Clearing and grading within each lot shall be limited
to that necessary for siting and constructing a house with the
intent of preserving as much of the natural vegetation on the
site as possible and minimizing stormwater runoff and erosion.
7. No driveway or entrance road on Main Road or on the
proposed road shall be located within 50 feet of the ends of the
short radius curve connecting the southeasterly side of Main
Road with the northeasterly side of the proposed road.
8. All stormwater runoff resulting from the development
and improvement of this subdivision or any of its lots shall be
retained on the site by adequate drainage structures so that it
.
.
.
will not flow out onto the right-of-way of Main Road.
9. No new residential structure or sanitary disposal
facility shall be constructed or otherwise located within 75
feet of the upland edge of the wetlands or the shoreline of
James Creek.
10. No stormwater runoff resulting from the development and
improvement of the subdivision or any of its lots shall be dis-
charged into the tidal wetlands within the parcel nor into James
Creek.
11. Erosion and sediment control measures shall be required
during and immediately after construction on each lot to insure
that stormwater runoff will not carry eroded and other deleteri-
ous materials into James Creek and the tidal wetlands bordering
the creek.
12. All prospective owners of lots within this subdivision
are advised that this subdivision is located within one mile of
Mattituck Airport and, therefore, may be subjected to noise ema-
nating from the facility and from aircraft flying overhead or
nearby.
13. Covenants and restrictions at #5 through #12 can be
modified only at the request of the then owner of the premises
with the approval of a majority plus one of the Town Board or
Planning Board of the Town of Southold after a public hearing.
Adjoining property owners shall be entitled to notice of such
.
,
.
be required.
public hearing but their consent to such modification shall not
ALAN A. CARDINALE
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the day of
Alan A. Cardinale, to me known
and who executed the foregoing
he executed the same.
, 1990, before me personally came
to be the individual described in
instrument, and acknowledged that
Notary Public
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. . description of Lot 4 as shown on a map entitled, "Minor
Subdivision Plan prepnred for Mohring Enterprises, Inc." at Mattituck,
Town of Southold, Suffolk County, New York.
..
Beginning at a point formed by the intersection of the easterly line
I
of Main Road (N.Y.S. Rte. 25) with the southerly line of land of Peteco
Realty Co., which point is the following courses and distances as measured
along the easterly line of said Main Road from the southerly line of New
Suffolk Avenue:
(1) South 220 18' 110" West 180.48 feet,
(2) South 300 06' 10" West 100.00 feet; and
running thence from said point of beginning easterly and northerly along
the land of Peteco Realty Co. the following courses and distances:
(1) South 830 11' 50" East 313.77 feet,
(2) North 300 06' 10" East 100.00 feet to the land of Tom's
Dream, Inc.;
thence South 830 11' 50" East along the lands of Tom's Dream, Inc. and
of Glenn G. & Louise B. Munn 224.41 feet;
thence South 10 04' 40" West continuing along the land of Glenn G. &
Louise B. Munn 362.00 feet;
thence westerly and southerly through the land of Mohring Enterprises,
Inc. the following courses and distances:
(1) North 880 55' 20" West 257.64 feet,
(2) South 320 08' 20" West 215.77 feet to the land of Paul Lucas;
thence North 57" 51' 40" West along the land of Paul Lucas, a right of
way, of Paul and Helen Lucas and of Walter Grabie, Inc. 493.41 feet to a point
in the ensterly line of said Main Road;
thence northerly along the easterly line of said Main Road the following
courses and distances:
(1) North 440 56' 00" East 170.00 feet,
(2) North 370 07' 50" East 103.23 feet,
(]) North 300 06' 10" East 60.00 feet to the point or place of
beginning.
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.
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. LL thnt certain plot, piece or parcel of land, with the buildinga
end improvements thereon erected, situate, lying and being in at
Hattituck, Town of Southo1d, County of Suffolk and State of New York,
~~eing bounded and described as follows:
'f: BEGINNING at a point on the easterly side of Main Road (Route 25)
1';;, at the northwesterly corner of the premises herein described,
r. ~ ,.) , t
'1;,adjoining land now or formerly of Peteco Realty Co. on the North;
~,~~Runnin~ thence along said land now or formerly of Peteco Realty Co.,
,;, ~.the following two courses and distances:
,t,: y. 1) South 83011' SO" East, 313.77 feet;
~! 2) North 300 06' 10" East, 100 feet to land now or formerly of
(.1: Mescioscia and another;
,. Running thence along said land and'land of Ehlers, South 830 II' SO"
East, 224.41 feet;
Running thence along said land of Ehlers, the following two courses
and diatances:
~'!<', 1) South 10 4' 40" West, 362.00 feet;
2) South 610 44' 20" East, 248.84 feet to James Creek;
Running thence along the edge of James Creek by tie lines the'
following eighteen courses and distances:
1) South 260 27' 10" West, 76.12 feet;
2) South 240 00' 15", West, 147.51 feet;
3) South 50 55' 25" West, 48.04 feet;
4) South 520 57' 55" West, 33.47 feet;
5) South 160 47' 50" West, 100.90 feet;
6) South 30 12' 50" East, 91.85 feet;
7) South 130 12' 50" West, 75.63 feet;
8) South 20 24' 30" East, 115.43 feet;
9) South 320 OS' 15" West, 50.75 feet;
10) North 590 39' 15" West, 137.72 feet;
11) North 810 56' 40" West, 116.25 feet;
12) North 810 50' 20" West, 83.86 feet;
13) North 760 06' 55" West, 84.73 feet;
14) North 77" 54' 20" West, 68.82 feet;
15) North 83" 20' 50" West, 118.07 feet;
16) North 710 15' 45" West, 63.61 feet;
17) South 850 17' 15" West, 81.37 feet;
18) North 74" 48' 45" West, 73.86 feet to land of Pantaleo;
Running thence along said land of Pantaleo and others North 480 00'
_,i,:i:,:.OO" East, 615.29 feet to the northeast corner of land of Luc!ls;
~_. Running thence along said land of Lucas and other, North 570 51' 40"
~~. West, 568.41 feet to the easterly line of Main Road, Route 25;
"J; Running thence along said line th,/! following three courses and
i""" distances:
1) North 44" 56' 00"
2) North 37" 07' 50"
3) North 30" 06' 10"
BEGINNING.
"
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East,
East,
East,
170.00 feet;
103.23 feet;
60.00 feet to
the point of plsce of
I
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~':-
- - --- -
---~- -- - -
~ion ~o.-1D
. .
NEW YORK ...
DEPARTMENT OF TRANSPORTATION N~--"68636
~ 19~
\\. ~-~L\\e
lJeJlriplion
Amount Paid $ \ ~- SD
09'"
~ e:( Che,.
FIN 1.. (10174)
PERM 421:5/88)
. l' I.
Permit Fee
Ins. Fee
. Total Received
Check or M.O. No.
Liability Insurance
Policy No.
Disability Benefit Coverage
Policy No.
ALAN A. CARDINALE
Permillee: MAIN ROAD, RTE.25
MATTITUCk, NY
STATE OF NEW _ - DEP~,RTMENT OF TRANSPORTATIO,a
,A "
150.00
2.50
H52.50
8012564
$
$
16!'lf36
Permit No.
Est. Compl. Date
10-90-2564
I I
HIGHWAY WORK PERMIT
I
I
8229
SH NO.. 00
Expiring
Deposit Rec. for $
Check or M.O. No.
I
I
Dated
att:
Charge to Bond No.
or Undertaking on File
Workmen's Compensation
Policy No.
5838449 ($
5000.00)
Billing Address:
(Complete if different from above)
Return of Deposit Made Payable to:
(Complete if different from Permillee)
UrrnEl~JIll~~OSfll?E!!1! 'i!~'f'~Ifl\!"~r, ~'I'Ul!K T'lWic ~R~~!{jp"IH!;m.l~ fi"!ltP iI~M~lIR:TYPE
ENT/lANCE/EXIT; INSTALLATION OF TRAFFIC BEARING ASPHALH5 1/2" DENSE BASE, 1 1/2" TOP" INSTALLATION OF CONCRETE
CURB RADII IN ENTRANCE AREAj INSTALLATION OF GUIDE RAIL ONE/S/O DRIVEWAY AS PER PLAN. iNTERNAL DRAINAGE, ALL WORK TO
BE BTATE SPECIFICATIONS OR ASOBE.
THE PERMITTEE is RESPONSIBLE FOR THE MAINTENANCE AND PROTECTiON OF TRAFFIC. IN ADDITION, ANYBODY WORKING IN
THE RIGHT OF WAY is REQUIRED TO WEAR A HARD HAT AND A REFLECTIVE SAFETY VEST.
SUFFOLk SOUTHOLD
County -
Municipality -
Route # -
25
as set forth and represented in the attached application at the particular location or area, or over the routes as
stated therein, if required; and pursuant to the conditions and regulations whether, general or special, and methods
of performing work, if fiA\}/lp,4lUl,f >>,.~~h are set forth in the application and form of this permit.
Dated at 07116/90 Commissioner of r sportatio~~.A'./
Date Signed ~ VITO tv' ~
IMPORTANT
This permit, with application and drawing (or copies thereof) attached shall be placed
in the hands of the contractor before any work begins.
NOTICE: Before work is started and upon its completion, the permittee absolutely must notify the Resident Engineer,
R.J.Schwart 5'16- 727-'-1731 ,NEWYOR!(
UPON COMPLETION OF WORK AUTHORIZED, THE FOLLOWING WILL BE COMPLETED AND SIGNED BY THE PERMITTEE AND
DELiVERED TO THE RESIDENT ENGINEER.
Work authorized by this Permit was completed on (Date)
Refund of deposit or return of bond or reduction of amount charged against bond or deposit on file for this permit
whichever is appropriate, is requested:
Date
PERMITTEE AUTHORIZED AGENT (IF ANY)
Upon acceptance of work performed as satisfactorily completed, the Resident Engineer will sign the fOllowing and
forward to the Regional Office.
Work authorized by this Permit has been satisfactorily completed and is accepted. (Reverse side of this form must be
completed).
Date _
RESIDENT ENGiNEER
The Regional Office will forward this form to the Main Office with the appropriate hoxche(:ked.
To: HIGHWAY PERMIT SECTION:
[ ] Refund of Deposit on this Permit is authorized.
[ ] Return of Bond furnished for this Permit is authorized. ;
I ] Amount charged against Blanket Bond for this permit may be cancellell.
I ] Retain Bond for future permits. ~
""'""""'-,
!\!
t 41990
Date
REGIONAL TRAFFIC ENGINEER
The issuing authority reserves the right to suspend or revoke this permit, at its discretion without a hearing or the
necessity of showing cause, either before or during the operations authorized.
The Permittee will cause an approved copy of the application to be and remain allached hereto until all work under
the permit is satisfactorily completed, in accordance with the terms of the attached application. All damaged or
disturbed areas resulting from work performed pursuant to this permit will be repaired to the satisfaction of the
Department of Transportation.
Upon completion of the work within the state highway right-of-way, authorized by the work permit, the person, firm,
corporation, municipality, or state department agency, and his or its successors in interest, shall be for
maintenance and repair of such work as set forth within the terms and conditions of the work permit.
- .-L
/
/
PERM 42i (5/88)
REVERSE
-
t
,/
.
'\'
INSPECTION REPORT
For each Highway Work Permit issued, inspections will be performed. The following report must be completed .for
each site visit, indicating the date, inspector and hours spent on inspection. If the total inspection time exceeds
4 hours, then a FIN 12 (PERMIT INSPECTION COST RECORD FOR DEPARTMENT SERVICES) IS REQUIRED.
INSPECTION REPORT
HOURS WORKED BY DATE HOURS
Name Date Regular Overtime
R
0
Name Date Regular Overtime
R
0 .
Name Date . . Regular Overtime
R
0
.
R = Regular Time, 0 = Overtime
INSTRUCTIONS:
1. NAME:
2. DATE:
3. R:
4. 0:
5. HOURS:
6. TOTAL HOURS:
Name of inspector.
Day inspected.
The number of Regular hours spent on inspection for that day.
The number of Overtime hours spent on inspection for that day.
Add across for Rand O.
Add the columns for Rand O.
COMMENTS / OBSERVATIONS
I HEREBY CERTIFY THAT THE INFORMATION CONTAINED ABOVE IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
NAME
TITLE
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MAIN
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( N. Y.S.
Rte. 25 )
p~I?'}<!,/)( -to be a.sphaj(:lo
~u// aep/h htrf""een Curb. t"
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PEeo _
( 516 ) ~_ 0
P.O. BOX 9
MA IN ROAD
SOVTHOLD, N. Y.
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CORIU/GA TEP .BEAM
( Sec:.T'IDN )
SKETCH OF
ENTRANCE OF PROPOSED
RIGHT OF WA Y
AT MATT/TUCK
TO WN OF SOUTHOLD
SUFFOLK COUNTY N. Y.
1000- 122 - 03 - 1.4
SCALE: ,.. = "20'
APRIL 18, 1990
JUNE e~ 19'0
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C6/'u:.r4fd AnGhote
CASE.
90-77
.
,
,
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
CONSTRUCTION SPECIFICATIONS FOR HIGHWAY WORK PERMIT
t
'PERM 511 (7/80)
1. Highway pavement is not to be opened unless authorized on front sheet
(Perm 42b) of this Permit.
2. Sleeves shall be jacked under the highway for all highway crossings, unless
permission to cross in any other manner is given in writing by the Department
of Transportation; and jacking and receiving pits must be kept a minimum of
5 feet from the edge of pavement. As a general rule, the "open cut" method
for crossing a highway will not be permitted; the need for any such open cut
must be substantiated by the permittee and permission granted from the Depart-
ment of Transportation on the basis of satisfactory sheeting, maintenance and
protection of traffic, compaction equipment, etc.
3. Any excavation in excess of 5 feet in depth must be sheeted in accordance with
Code Rule 23 and OSHA. Any excavation closer than 5 feet to the edge of pave-
ment must be sheeted as directed by the Department of Transportation. All
backfill must be compacted in a manner satisfactory to the Department of
Trans portati on.
4. Adequate signs, barricades, and lights, in accordance with the standards of
the New York State Manual of Uniform Traffic Control Devices, Subchapter G,
shall be provided. Barricades, whether in sidewalk or roadway area, shall have
prominently displayed, for police convenience, the address and telephone number
of 24-hour availability of someone who can reset the lights and barricades if
it should become necessary.
5. Pedestrian and vehicular traffic is to be maintained and protected at all times.
There shall be no unprotected or unlighted drop-offs or obstacles. No pavement
openings will be permitted to remain open overnight. They must be backfilled
or plated at the end of the workday. Open holes outside the pavement shall be
fenced or guarded. The permittee agrees to pay all costs incurred by the
State, including man-hours and equipment use, necessary to correct any unsafe
conditions on a Permit site.
6. In the event that the permittee has permission from the Department of Transpor-
tation to open the pavement, only one lane at a time may be opened provided
safe two-way traffic is maintained at all times, with adequate signs and
barricades to warn the public whenever work is performed on the highway. As
stated above, no pavement area may be left open overnight or on weekends.
7. Adequate access to adjacent properties must be provided.
8. Pavement and Paved Shoulders - Minimum size replacements in finished concrete
or asphalt on concrete base shall be 10 feet X width of panel. In all cases,
if the replacement is within five feet of a joint, or five feet of a major
crack, the replacement must extend to the joint or crack. Any opening in con-
crete pavement shall be saw cut and final restoration ~ be done with High
Early Class F concrete mix. In the case of an opening in asphalt, the minimum
size replacement shall be 4 feet X 4 feet or at least 18 inch cutback beyond
the size of the hole. Asphalt restoration shall be made by cutting, with a
wheel or jackhammer the existing adjacent asphalt square, painting the exposed
face with hot asphalt, placing the new asphalt, and compacting with a ten-ton
roller. Surface variations in excess of 1/4 inch shall be eliminated or the
pavement relaid. Unless otherwise directed by the Department of Transportation,
asphalt shoulder restoration shall be 4 inches Item 403 (2 1/2 inch Binder and
1 1/2 inch Top) on a sound base. -
9. Sidewalk, where-disturbed, shall be replaced to full panels of a minimum size
4 feet X 4 feet or as marked when found. Concrete curb where worked on, as
in the case of the installation of a new curb cut in an area of existing full
curb, or vice versa, shall be removed to its full depth and replaced in
accordance with Typical Sections from the Department of Transportation.
..
...
f~1\M ~a (7/60)
REVERSE
t
,
10. Cold Patch - A minimum of depth of 2 inches of asphalt concrete, whether cold
patch or hot asphalt is used, shall be placed as a temporary surface in any
pavement, shoulder, or sidewalk opening that must be restored to use prior to
permanent restoration. Where temporary asphalt is required, the edges shall be
cut square and the temporary asphalt placed on a well-stabilized base. It is
the permittee's responsibility to maintain any temporary patches in a safe and
useable condition.
11. Drainage - There shall be no contribution to, nor interference with, drainage
along the State Highway, either during the permit work or after, as a result of
such work. Drainage along highway is not to be obstructed. Profile of drive-
ways and the cross-section of the finished shoulder shall be such as to follow
the drainage cross-section of the highway shoulder. Initial slopes shall be
away from pavement of highway. Finished driveways which block or otherwise
interfere with the normal flow of drainage shall be removed and replaced by
the permittee to the proper grade, or, if permitted in writing, the permittee
shall construct the necessary leaching basin to relieve the adverse condition,
all to the specifications of the Department of Transportation.
12. No trees within the State right-of-way may be cut or trimmed, either above or
below ground without permission in writing from the Department of Transportation.
The Regional Landscape Architect will be given 72 hours notice and a joint
inspection arranged, if the work in any way jeopardizes the trees. The permittee
agrees, by acceptance of this Permit, to replace any trees damaged without
permission of the Department of Transportation. As a general rule, trees will
NOT be permitted to be planted in the grass area between curb and sidewalk.
13. The permittee shall keep the roadway free of foreign objects, such as rocks,
timbers, and other items that may fall from transporting vehicles. Spillage
of material carried by, or dropped from the undercarriage of any carrying
vehicle resulting from the permittee's hauling operation along or across the
public-traveled way shall be removed immediately and such roadway shall
thereafter be maintained free of such spillage.
14. All materials must come from State approved and inspected sources. All con-
crete delivered by transit mix must be shipped in an approved carrier. Asphalt
concrete must be within specification temperatures and the load properly
covered with a canvas.
15. No official State Department of Transportation signs may be disturbed without
approval from the Permit Unit. If it is necessary to relocate such signs, the
Regional Traffic Section must be contacted for the new location.
16. In State Contract areas the permittee must conduct his work in conformity with
the schedule of the State's Engineer-in-Charge and contractor, and all work
must be done to the satisfaction of the State Engineer-in-Charge.
17. The permittee shall furnish the Department of Transportation with a telephone
number of 24-hour availability, where a demand for emergency repairs will be
immediately honored. Furthermore, the permittee agrees to assume all responsi-
bility for emergency repairs required, whether the need arises as a result of
his contractor's work, by storm dama~_, or by any other means which renders
his contractor's work area unsafe'in the opinion of this Department or the Police
Department. In the event that it becomes necessary to callout State Highway
Maintenance forces to restore a permit site to a safe condition, the permittee
will be back-charged for all manpower and equipment charges involved.
18. All work must be done in accordance with New York State Department of
Transportation specifications.
,.
I.
~
CONSTRUCTION SPEC ~ATIONS
FOR HIGllWAY WOll.K
PF.RMI~
~
.
I~. All permittees are cautioned about pot~ntial conflicts with under~round
direct burial cables, conduit, pullboxes, and ~quipment cabinets that
have been or. are beinR install ed for traffic siRnal power,
Interconnection, or as part of the Integrated Motorist Information
System (IHIS). The Permittee will be responsible for any dama~~ don~ to
such underRround State facilities.
Prior to beRinning any ~xcavation work or installation of posts, siRns,
etc.. the permittee shall locate, markout, and protect, all traffic
siRnal and IHIS underRround facilitie~ within his work site in a manner
approved by the State. The permittee shall avoid interference wherever
possible. Where under~round facilities are encountered, the permittee
shall hand excavate and use whatever precautions are neces~arv to avoid
interference of any type. All underground facilities damaged by the
permittee or the permittee's contractor shall be replaced or repaired as
ordered by and under the direction and' supervision of the State. The
permittee shall be responsibl~ for all costs to make such repairs. The
State will determine what contractor (and not necessarilv the Permittees
contractor) will make the necessary repairs or restoration on State
traffic facilities.
Permittees are cautioned that abandoned cabl~s exist in many areas,
which may tend to mislead tone-out'operations.
The permittee or the permittee's contractor shall iODDediately notify the
Permit Department if any interferences are encountered or anticipated.
In order to advise the permittee and the permittee's contractor of the
extent of possible costs which can be incurred for damage to existing
IHIS cable plant by his operations, it is noted that (a) direct burial
splices are not permitted and (b) no more than one repair, which usually
consists of two splices,. is permitted between two originally installed
pullboxes. If additional splices sre required, the comolete buried
cable run of sometimes' one-half mile shall be reolaced. Upon
completion, all repairs shall be tested in aecordance with approved IHIS
test procedures and the repair must be found acceptable to the State.
Additionally, if a permittee fails to locate, markout, and avoid
interferenc~, the permittee agrees to pay the State additional charees
incurred by the State including engineerin\!;, inspection, integration,
maintenance, and operations charges.
IHIS As-builts will be made available for permittee's review at the IHIS
Control Center in the Region 10 office (phone (5161 360-6733). The
as-built plans show the approximate location of IHIS facilities. The
permittee or the permittee's contractor shall be responsible to field
locate all IHIS underground facilities within the permIttee's work site
which may be affected by his operations.
..
,..
,
f
~eFl c..e-'
k'S
I
~
C[,'C.c...-f.- \..,...c.-~L---/
.
Alan A. Cardinale
=#.2/(',5-"
NO.
"P-I..?
19 90 50-546
2'4
PAYTOTH~~d~~ $11:70"..2 ~
ORDER2 ~" ./ . x
~"?~~-n/ ..bnqm~77~/~.;rd;/"O 7'""~ DOLLARS
./
THE SUFFOLK COUNTY NATIONAL BANK p~~.
OF RIVERHEAD, N.Y. -.ae.
~~~~ - ..s-C7/?;7#-/at?-/.JZ-<J'1 .
I:OneOSl,bl,,: W~OOO~b"l"lIl'
....
~ ....
. ...
--
..,.
.
t
April 10, 1990
Alan A. Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, NY 11952
RE: Alan Cardinale
SCTM* 1000-122-3-1.4
Dear Mr. Cardinale:
The following resolution was adopted by the Southold Town
Planning Board at a meeting held on Monday, April 9, 1990.
WHEREAS, Alan A. Cardinale is the owner of the property
known and designated as SCTM* 1000-122-3-1.4, located at the
east side of N.Y.S. Rte. 25; approximately 700 feet north of Bay
Avenue in Mattituck; and
WHEREAS, this minor subdivision, to be known as Alan
Cardinale Minor Subdivision is for 4 lots on 15.73 acres; and
WHEREAS, the Southold Town Planning Board, pursuant to the
State Environmental Quality Review Act, (Article 8), Part 617,
declared itself Lead Agency and issued a Negative Declaration on
April 15, 1985; and
WHEREAS, a final pUblic hearing was closed on said
subdivision application at the Town Hall, Southold, New York on
March 5, 1990; and
..
WHEREAS, all the requirements of the Subdivision
Regulations of the Town of Southold have been met; and
~.
.
-
Page 2
Alan Cardinale
be it therefore,
RESOLVED, that the Southold Town Planning Board grant
conditional final approval on the maps dated November 8, 1989
and authorize the Chairman to endorse the final surveys subject
to fulfillment of the following conditions. All conditions must
be met within six (6) months of the date of this resolution.
1. Curb cut approval from the New York State Department
of Transportation.
2. A draft of the revised Declaration of Covenants and
Restrictions which was submitted previously, including
all requirements of the February 8, 1990 Suffolk
County Planning Commission report. Upon approval of
the draft by the Planning Board and the Town Attorney,
the document must be filed in the office of the County
Clerk prior to endorsement of the subdivision.
3. Final maps (5 paper prints and 2 mylars) with the
following:
A. A current stamp of Health Department approval.
B. The location of the firewell as requested in the
Planning Board's correspondence of January 12,
1990.
C. Compliance with the December 11, 1989 Engineer's
Report.
D. The additions requested in the February 8, 1990
Suffolk County Planning Commission Report.
4. Submission of a bond, Letter of Credit or equivalent
for the amount of $78,870.00, and acceptance of same
by the Town Board.
5. Submission of the inspection fee of $4,732.00.
Please contact this office if you have any further
questions.
...
Very truly yours,
~tJd~,f,.
Bennett Orlowski, Jr. ~5
Chairman
.
.
~
THE SUFFOLK COUNTY NATIONAL BANK
6 WEST SECOND STREET_ P.O. BOX 269-RrVERHEAD, NEW YORK 11901- (516)727-2700. FAX(516) 727-3210
August 7, 1990
Town Board
Town of Southold
Southold, New York 11971
Re: Performance Bond - $78,780.00
Alan Cardinale Minor Subdivision
SCTM 1000-122-3-1.4
Letter of Credit No. 900807
Dear Board Members:
By order of Alan Cardinale, and for the account of same, we hereby
establish this irrevocable Letter of Credit in your favor up to an ag-
gregate amount of Seventy Eight Thousand Seven Hundred Eighty and 00/100
($78,780.00) U.S. Dollars available by your drafts at sight accompanied
by this original Letter of Credit and:
A purported copy of a resolution of the Town Board, purportedly
certified by the Town Clerk, which indicates:
"Alan Cardinale has failed to complete all of the improvements in
connection with the subdivision may entitled "Alan Cardinale Minor Sub-
division" heretofore approved by the Planning Board of the Town of South-
old, and that as a result of said failure, there is due and owing an
amount equal to the face amount of our draft. Said resolution should
also indicate that the amount drawn hereunder is for the sole purpose of
completing those items of improvement which were to have been completed
by Alan Cardinale."
This Letter of Credit remains in force in Riverhead, New York and
must be presented for payment at our counters or by presentation to the
Suffolk County National Bank for collection at our counters not later
than August 7, 1991 and all drafts drawn hereunder must be negotiated on
or before that date.
Each draft must state that it is IIDrawn Under Letter of Credit of
the Suffolk County National Bank", No. 900807, dated August 7, 1990 and
the amount endorsed on this Letter of Credit.
We hereby agree with the drawers, endorsers and bona fide holders
of drafts drawn under and in compliance with the terms of this Letter
of Credit that such drafts will be duly honored upon presentation to the
drawee.
Except as otherwise expressly stated herein, this Letter of Credit
is subject to the Uniform Customs and Practice for Documentary Credits
(1983 Revision) International Chamber of Commerce Publication No. 400.
..,
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David T. De Vito
Assistant Vice President
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June 7, 1990
Mr. Alan A. Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, New York 11952
'SCI~ IOZ'D-
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Dear Mr. Cardinale:
Our Case No. 90-77
James Creek Subdivision
Route 25, Mattituck
Your April 30, 1990 Submission
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This is in reference to the site plans for the above noted project which were
submitted to this office for review.
Prior to the issuance of a New York State Highway Work Permit, the following
items must be addressed:
1. We can treat lot #4 as a separate commercial application as you proposed.
2. The separate intersection detail you submitted must be revised. You must
show on this plan the detail for the guide rail end treatment you are
replacing. This detail sheet was sent to you with our March 16, 1990
letter.
Resubmission of revised plans ~ be identified as reV1Slons and must refer
to our case number. Failure to provide this information will ~y the
processing of your permit.
Upon submittal of the revised plans, permit fee and surety bond (sample
enclosed), a Highway Work Permit will be issued.
Permit Fee (Payable to "State of New York"): $152.50
Bond Amount: $5,000
Any questions pertaining to the review of this site plan may be directed to
James Lentini at (516) 360-6020. Permit fee and bond questions should be
directed to me.
Sincerely,
VITO F. LENA
Regional Permi t Engineer
cc: Hs. Valerie Scopaz
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April 10, 1990
Alan A. Cardinale
P.o. Box 77
Mattituck Shopping Center
Mattituck, NY 11952
RE: Alan Cardinale
SCTM~ 1000-122-3-1.4
Dear Mr. Cardinale:
The following resolution was adopted by the Southold Town
Planning Board at a meeting held on Monday, April 9, 1990.
WHEREAS, Alan A. Cardinale is the owner of the property
known and designated as SCTM~ 1000-122-3-1.4, located at the
east side of N.Y.S. Rte. 25; approximately 700 feet north of Bay
Avenue in Mattituck; and
WHEREAS, this minor subdivision, to be known as Alan
Cardinale Minor Subdivision is for 4 lots on 15.73 acres; and
WHEREAS, the Southold Town Planning Board, pursuant to the
State Environmental Quality Review Act, (Article 8), Part 617,
declared itself Lead Agency and issued a Negative Declaration on
April 15, 1985; and
WHEREAS, a final public hearing was closed on said
subdivision application at the Town Hall, Southold, New York on
March 5, 1990; and
WHEREAS, all the requirements of the Subdivision
Regulations of the Town of Southold have been met; and
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Alan Cardinale
be it therefore,
RESOLVED, that the Southold Town Planning Board grant
conditional final approval on the maps dated November 8, 1989
and authorize the Chairman to endorse the final surveys sUbject
to fulfillment of the following conditions. All conditions must
be met within six (6) months of the date of this resolution.
1. Curb cut approval from the New York State Department
of Transportation.
2. A draft of the revised Declaration of Covenants and
Restrictions which was submitted previously, including
all requirements of the February 8, 1990 Suffolk
County Planning Commission report. Upon approval of
the draft by the Planning Board and the Town Attorney,
the document must be filed in the office of the County
Clerk prior to endorsement of the subdivision.
3. Final maps (5 paper prints and 2 mylars) with the
following:
A. A current stamp of Health Department approval.
B. The location of the firewell as requested in the
Planning Board's correspondence of January 12,
1990.
C. Compliance with the December 11, 1989 Engineer's
Report.
D. The additions requested in the February 8, 1990
Suffolk County Planning Commission Report.
4. Submission of a bond, Letter of Credit or equivalent
for the amount of $78,870.00, and acceptance of same
by the Town Board.
5. Submission of the inspection fee of $4,732.00.
Please contact this office if you have any further
questions.
Very truly yours,
~(/d~,;'.
Bennett Orlowski, Jr. ~?
Chairman
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516-298-4223
ALAN A. CARDINALE
REAL ESTATE MANGEMENT & INVESTMENT
P.O. BOX 77
MATTlTUCK. SHOPPING CENTER
MATTlTUCK. L.I., N.Y. 11952
April 9, 1990
Town of Southold
Southold Planning Department
Main Road
Southold, NY 11971
Re: James Creek
Mattituck, NY
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Dear Melissa:
Enclosed please find as requested:
1. Revised Declarations and Covenants.
2. Suffolk County Planning report February 8, 1990
additions incorporated in C & R.
3. Revised maps in compliance with December 11, 1989
Engineers Report.
4. Location of Firewell as requested on Planning
Boards January 12, 1990 correspondence.
5. The N.Y.S. Department of Transportation
Curb Cut Approval is underway:
A. Revised maps forwarded April 9, 1990
to James Lentini (516) 360-6020
B. Indicated commercial portion of
subdivision would be reviewed separately.
6. There are bonds currently within are portfolio
ready for submittion. Our office will
communicate with the Town Clerk Mrs. Terr~
7. If current maps are acceptable, current stamp
of Health Department Approval will be forwarded.
Please contact our office if there are any question. Thank
you for your,eontinuedcooperation.
APR - 9 1990
Very truly yours,
AtU1 A CI0cu-ua.-Lc
Alan A. Cardinale
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COVENA~TS & RESTRICTIONS
THIS QECLARATION made this
"
day of
1990, by
Alan A. ~ardinale, residinJ at Main Road, 'Mattituck, New York,
hereinafter referred to as the Declarant, who, as the owner of
I
premises described in "Schedule A" annexed hereto desires to
restrict the use and enjoyment of said Premises, and has for
such purposes determined to impose on said Premises covenants
and restrictions and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southold
Planning Board for approval of a subdivision wherein Premises at
"Schedule A" would be designated Lot #4 and Premises at
"Schedule B" represent th~ entire premises which are the subject
of the four-lot subdivision.
2. As a condition for approval. acceptance and filing by
the Town of Southold Planning Board of such subdivision, the
Declarant agrees that upon acceptance and filing of such minor
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A"
premises is designated Lot #4) Declarant shall promptly make
application for a subdivis~on of that portion of "Schedule A"
,
Premises lying in the B (Rusiness) Zoning Use District from that
./
portion of the "Schedule A,n Premises lying in the R-80
(Residential) Zoning Use District
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so as to provide two separate
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bp;; - 9 1990
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and distinct building lots, each located fully within its
respective Zoning Use District,
3.
The following terms and conditions shall apply to all
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land lying within the 75-foot setback area from,the wetlands on
Lots 1,2 and 3.:
a) No structur~ or building shall be placed within
the setback area. The terms "structure" and "building" shall be
interpreted as including swimming pools, patios, storage build.-
ings, structures for the housing of domesticated animals, boat
or other trailers, recreational vehicles, retaining walls and
bulkhead but shall not include walkways and decks provided all
required governmental permits are obtained.
b) The buffer) area which is defined as the 75 foot
setback area referred to1above and shown on the subdivision ma~
to be filed shall remain in'its natural state. It shall no~ be:
',.
cleared of the indigeno~s vegetation of the area, nor shall it
be planted with grasso~ mowed.
,.
c) The buffer area shall not be filled with either
soil, sand, or other debris, including brush.
d) The buffer area may be traversed by a walkway,
whether elevated or on ~he ground, provided proper wetland
;
permits can be obtained. from the applicable agencies, which may
include the Board of Trustees and the New York State Department
.,\
of Environmental COfiseryation.
e) Any disturbance to ~he land within the easement
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shall be redressed by the restoration of said land to its prior
natural state.
f) No provision herein will limit the owner's right
and pri~ilege to make special application to the. governing
environmental authorities ,for the purpose of constructing
required protective structures and landscape to assure against
damage or diminished value to the property. Upon receiving the
appropriate approvals, the allowable protective structures and
landscape may be put in place without disturbance.
4. No lot line shall be changed in any manner at any
future date unless authorized by the Town of Southold Planning
Board.
5. There shall be no further subdivisions of Lots Numbered
1, 2 and 3 in perpetuity. :,'
6. Clearing and grading within each lot shall be limited
'c,' ""to.that necessary for siting and, constructing a house with'i.,ttie
, I
intent of preserving as much of the 'natural'vegetation on the
site as possible and minimizing stormwater runoff and erosion.
7. No driveway or entrance road on Main Road or on the
proposed road shall be located within 50 feet of the ends of the
short ,radius curve connecting the southeasterly side of Main
Road with the northeasterly side of the proposed road.
8. All stormwater runoff resulting from'the development
and improvement of this s~bdivision or any of its lots ahall be
retained on the site by adequate dra~nage structures so that it
.
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will not flow out onto the right-of-way of Main Road.
9. No new residential structure or sanitary disposal' '"j'
facility ,shall be constructed or otherwise located within 75
feet of the upland edge of the wetlands or the shoreline of
James Creek.
10. No stormwater runoff resulting from the development and
improvement of the subdivision or any of its lots shall be dis-
charged into the tidal wetlands within the parcel nor into J~mes
Creek.
11. Erosion and sediment control measures shall be required
during and immediately after construction on each lot to insure
that stormwater runoff wiil not carry eroded and other deleteri-
ous materials into James Creek and the tidal wetlands bordering
the creek.
12. All prospective owners of lots within this subdivision
are advised that this subdivision is located within one mile of
Mattituck Airport and, therefore, may be subjected to noise ema-
nating from the facility and from aircraft flying overhead or
nearby.
13. Covenants and restrictions at #5 through #12 can be
modified only at the request of the then owner of the premises
with the approval of a majority plus one of the Town Board or
Planning Board of the Town of Southold after a public hearing.
Adjoining property owners shall be entitled to notice of such
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be required.
public hearing but their consent to such modification shall not
ALAN A. CARDINALE
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the day of
Alan A. Cardinale, to me known
and who executed the foregoing
he executed the same.
, 1990. before me personally came
to be the individual described in
instrument, and acknowledged that
Notary Public
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. . description of Lot ~ as shown on a nap entitled, "Minor
Subdivision Plan prepllred for Mohring Enterprises, Inc." at Mattituck,
Town of Southold, Suffolk County, New York.
Beginning at'a point formed by the intersection of the easterly line
I: '
of Main Road'(N.Y.S. Rte. 25) with the southerly line of land of Peteco
Realty Co., whlch point is the following courses and distances as measured
along the easterly line of said Main Road from the southerly line of New
Suffolk Avenue:
'..
(1) South 220 18' llO"'West 180.48 feet,
(2) South 300 06' 10" West 100.00 feet; and
running thence from said point of beginning easterly and northerly along
the land of Peteco Realty Co. the following courses and distances:
(1) South 830 11' 50" East 313.77 feet,
(2) North 300 06' 10" East 100.00 feet to the land of Tom's
Dream, Inc.; .
thence South 830 11' 50" East along the lands of Tom's Dream, Inc. and
of Glenn G. & Louise B. Munn 224.~1 feet;
thence South 10 O~, ~O" West continuing along the land of Glenn G. &
Louise B. Munn 362.00 feet;
thence westerly and southerly thro,:,gh the land of Mohring Enterprises,
Inc. the following courses and distances:
(1) North 880 55' 20" West 257.64 feet,
(2) South 320 08' 20" West 215.77 feet to the land of Paul Lucas;
,thence North 570 51' ~O" West along the land of Pllul Lucas, a right of
way, of Paul and lIelen Lucas and of Walter Grabie, Inc. ~93.ljl feet to a point
in the eRsterly line of.said Main Road;
thence northerly along the easterly, line of said Main Road the following
courses and distances:
( 1) North 4110 56' 00" East
(2) North 370 07' 50" Eilst
0) North 300 06' 10" East
170.00 feet,
103.23 feet,
60.00 feet to
the point or place of
beginning.
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t'LL tllllt certnin plot, piece or parcel of Innd, with the buildinga
land improvements thereon erected, situate, lying ~nd being in at
Hattituck, Town of Southold, County of Suffolk and State of New York,
. .~,b".ing bounded and described os follows:
,"l'~ BEGINNING at 0 point on the easterly side of Main Road (Route 25)
J'.i\"j'.,at the norqlwesterly corner of the premises herein described,
. ~~1,.,adjoining land now or formerly of Peteco Realty Co. on the North;
, '.~t~.:.".Running thence along said land now or formerly of Peteco Realty Co.,
, . '; ,,!the following two couraes and distances: .
l"f;".1 1) South 830 11' 50" Esst, 313.77 feet; .
U~i:,(' 2) North 300 06' 10" East, 100 feet to land now or formerly of
:r~t Meacioscia and another; .
,~ Running thence along said lsnd and'land of Ehlers, South 830 11' 50"
. East, 224.41 feet;
Running thence along said land of Ehlers, the following two courses
and distances:
,~'. 1) South 10 4' 40" West, 362.00 feet;
,;'1./'". 2) South 61.44' 20" East, 248.84 feet to James Creek;
1A~ ,Running thence along the edge of James Creek by tie lines the'
following eighteen courSeS and distances:
1) South 260 27' 10"'West, 76.12 feet;
2) South 240 00' 15'" West, 147.51 feet;
3) South 50 55' 25" West, 48.04 feet;
4) South 520 57' 55" West, 33.47 feet;
5) South 160 47' 50" West, 100.90 feet;
6) South 30 12' 50" East, 91.85 feet;
7) South 130 12' 50" West, 75.63 feet;
8) South 2. 24' 30" East, 115.43 feet;
9) South 320 05' 15" West, 50.75 feet;
10) North 590 39' 15" West, 137.72 feet;
11) North 810 56' 40" West, -116.25 feet;
12) North 810 50' 20" West, 83.86 feet;
13) North 760 06' 55" West, 84.73 feet;
14) North 770 54' 20" West, 68.82 feet;
15) North 830 20' 50" West, 118.07 feet;
16) North 71. 15' 45" West, 63.61 feet;
17) South 85. 17' 15" West, 81.37 feet;
18) North 74. 48' 45",West,'73.86 feet to land of Pantaleo;
Running thence along said land of Pantaleo and others North 480 00'
. f,'iir/:r," 00" East, 615.29 feet t<;' the northeast corner of land of, Luc~s:
.~~i. Running thence along sa1d land of Lucas and other, North 570 51' 40n
.~. West, 568.41 feet to the easterly line of Main Road, Route 25:
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: (:' Running thence along said line th... following three couraea and
'" distances:
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1) North 44. 56' 00"
2) North J7. 07' 50"
3) North 30. 06' 10"
BEGINNING.
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103.23 feet;
60.00 feet to
the point of place of '
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PLANNING BOARD MEMBERS
Bennett Orlowski, Jr., Chainnan
George Ritchie Latham, Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
SCOTI L. HARRIS
Supervisor
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTIlOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
May 22, 1990
Alan Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, New York 11952
RE: Subdivision for
Alan Cardinale
SCTM* 1000-122-3-1.4
Dear Mr. Cardinale:
The draft Declaration of Covenants and Restrictions has
been reviewed by the Town Attorney.
The following changes must be made prior to the filing of
the document with the Suffolk County Clerk:
1. Number 9 should read one hundred feet, not
seventy-five feet.
2. Number 13 should include numbers 1 through 12, not
just numbers 5 through 12. Number 13 should be
revised to read: These Covenants and restrictions can
be modified only at the request of the then owner of
the premises with the approval of a majority plus one
of the Planning Board of the Town of Southold after
a public hearing. Adjoining property owners shall be
entitled to notice of such public hearing but their
consent to such modification shall not be required.
Please submit a revised draft for the Planning Board's
review.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
~t?~',L.
Bennett Orlowski, Jr.;r' ~f
Chaipnan
SENDER:
SUBJECT:
SCTM# :
COMMENTS:
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SUBMISSION WITHOUT COVER LETTER
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!larch 16, 1990
Mr. Alan A. Cardinale
P.O. Box 77
~~ttituck Shopping Center
Mattituck, NY 11952
Dear Hr. Cardinale:
Our Case # 90-77
James Creek Subdivisions
Route 25, Mattituck
Your February 23, 1990 Submission
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This is in reference to the site plans for the above noted project which
were submitted to this office for review.
Prior to the issuance of a New York State Highway Work Permit, the
following items must be addressed:
1. The plan is not acceptable as presented. If Lot /J4 is filled and
brought to grade, the existing guide rail will not be necessary. The
guide rail must be removed snd curb and sidewalk installed full
frontag!l of Route 25.
2. If Lot #4 is not filled, then guide rail along site frontage will
remain. Plans must show removal of guide rail in area of proposed
access and replacement of end treatment for the guide rail.
3. Curb radii must be 25 feet. This will require relocation of pole no.
40-15.
4.
Provide drainage on Route 25; show calculations.
5.
Provide separate 20 foot scale intersection detail.
6.
Please advise if this will be a private road or become a dedicated
Town road.
7.
Attached for your use are detail sheets you will need to prepare
;!levised plans.
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Page 2
Barch 16, 1990
3. Development of your access cannot interfere with access to the office
immediately to the west of your proposed road.
Please note the location of your proposed access lies within a horizontal
curve on Route 25. This creates a poor sight distance condition for
westbound vehicles on Route 25 who may have difficulty aeeing a stopped
westbound vehicle waiting to make a left turn into your subdivision.
Resubmission of revised plans must be identified as revisions and must
refer to our case number. Failur.a-to provide this information will delay
the processing of your permit.
Upon submittal of the revised plans, permit fee and surety bond (sample
enclosed), a Highway Work Permit will be issued.
Permit Fee (Payable to "Stste of New York"): Not applicable at this time.
Bond AmoWlt: Not applicable at this time.
Any questions pertaining to this case may be directed to James Lentini
at (516) 360-6020.
Very truly yours,
VITO F. LENA
Regional Permit
Engineer
scopaJ
cc: lis. Valerie
VFI.:JL:llT
Attachment
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Town HaIl, 53095 Main Road
P.O. Box 1179
Southold, New York
11971
SCOTT L. HARRIS
Su!,,<rvisor
Fax (516) 765-1823
Telephone (516) 765-1800
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
I-!3.rch 6, 1990
Alan Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, NY 11952
RE: Alan Cardinale
James Creek
SCTM# 1000-122-3-1.4
Dear Mr. Cardinale:
The following resolutions were adopted by the Southold Town
Planning Board at a meeting held on Monday, March 5, 1990.
RESOLVED to adopt the February 8, 1990 Suffolk County
Planning Commission report with the following amendments
(numbers correspond to numbers in report):
1. Is to remain as written.
An additional item should be added as follows: There shall
be no further subdivision of lots No.1, 2 and 3 in
perpetuity.
2. Is to be omitted. The proposed layout has been before
the Board for many years. The Planning Board
requested that the applicant file a Declaration of
Covenants and Restrictions stating that lot No. 4
be subdivided along the existing zoning lines into
one business lot and one residential lot, upon approval
of the four (4) lot subdivision. The Board feels
that the same outcome will be achieved, without
forcing the applicant to redraw the current proposal
and begin the subdivision process again for a major
subdivision. The Board has also requested that the
road be built to the Alternate Road Specifications,
and will also request that the map be filed in the
County Clerk's office.
(
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3. Is to be omitted.
4. Is to remain as written.
5. Is to be omitted.
6.
Is to be omitted.
road built to the
maps will contain
The Planning Board is requ~r~ng a
Alternate Road Specifications. Final
the name of the proposed road.
7. Is to be omitted. The Planning Board is requiring that
all lots, with the exception of the business lot, have
access onto the proposed road.
8,9,10,11,12 & 13 Are to remain as written.
14. Is to be omitted.
15. Is to be revised to read: These Covenants and
Restrictions can be modified only at the request
of the then owner of the premises with the approval
of a majority plus one of the Planning Board of the
Town of Southold after a public hearing. Adjoining
property owners shall be entitled to notice of such
public hearing but their consent to such modification
shall not be required.
16. Is to remain as written with the addition that the
Liber and page number of the filed document be included
on the final map.
Numbers 1,4,8-12, 15 and the additional item must be
presented in a Declaration of Covenants and Restrictions in
proper legal form. A copy of the draft Declaration of Covenants
and Restrictions must be submitted for review by the Planning
Board and the Town Attorney. Once approved, the document must
be filed in the Office of the County Clerk.
Numbers 13 and 16 must be shown on the final map.
In addition, the final public hearing, which was opened on
November 20, 1989 was closed.
As requested previously, the Planning Board awaits the
following:
1. Curb cut approval from the New York State Department
of Transportation.
.
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2. A draft of the revised Declaration of Covenants and
Restrictions which was submitted previously,
including all requirements of the February 8, 1990
Suffolk County Planning Commission report.
3. Final maps (5 paper prints and 2 mylars) with the
following:
A. A current stamp of Health Department approval.
B. The location of the firewell as requested in the
Planning Board's correspondence of January 12,
1990.
C. Compliance with the December 11, 1989 Engineer's
report.
D. The additions requested in the February 8, 1990
Suffolk County Planning Commission report.
4. Submission of a bond, Letter of Credit or equivalent
for the amount of $78,870.00, and acceptance of same
by the Town Board.
5. Submission of the inspection fee of $4,732.00.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
~CJ~~'/ L.
Bennett Orlowski, Jr. ~~}
Chairman
Encl. SCPC report
cc: Trustees
SCPC
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COUNTY OF SUFFOLK
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PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
ARTHUR H. KUNZ
DIRECTOR OF PLANNING
February 8, 1990
Mr. Bennett Orlowski, Jr., Chairman
Town of Southold Planning Board
Main Road
Southold, New York 11971
Re: Minor Subdivision - Alan Cardinale
Southeasterly side of Main Road, New York State Route
25, 280.48 feet southwesterly from New Suffolk Avenue,
Mattituck, New York.
T.P.I.N 1000-122-03-1.4
Dear Mr. Orlowski:
The Suffolk County Planning Commission at its regular meeting on
February 7, 1990, reviewed the proposed subdivision plat, entitled, "Minor
Subdivision - Alan Cardinale" referred to it pursuant to Section A14-24, Article
XIV of the Suffolk County Administrative Code. After due study and deliberation
it resolved to approve said map subject to the following sixteen conditions that
are deemed necessary to help preserve the traffic safety and carrying capacity
of Main Road, a state road, and to help preserve the natural and aesthetic
attributes of the shoreline of James Creek, and the tidal wetland adjacent
thereto.
1. No lot line shall be changed in any manner at any future date unless
authorized by the Town of Southold Planning Board.
2. The map shall show the proposed subdivision of Lot 4 into two lots,
one commercial and one residential, presently under consideration
rather than handling the subdivision of this property as two separate
subdivisions.
3.
This subdivision shall be treated as a major subdivision and the map
filed in the County Clerk's office.
,/
4. Clearing and grading within each lot shall be limited to that
necessary for siting and constructing a house with the intent of
preserving as much of the natural vegetation on the site as possible.
Limiting clearing and grading will minimize stormwater runoff and
erosion.
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE. LI.. NEW YORK 11788
(i51t5J36~51e2
'/"',
, .
I
.0
.r
Page -2-
--------------------------------------------------------------------------------
5.
Due to the minimum lot area requirement of the zoning classification
of this property being considerably less than the area of the
residential portion of Lot 4, the lot shall be made subject to a
covenant that will prohibit future subdivision in perpetuity.
6.
The proposed access for the lots shall be set off as a road and not as
a right-of-way. It shall be given a distinctive name to facilitate
the location of the properties served by it by fire, police and other
emergency and service units. The subdivider shall offer this road to
the Town of Southold for dedication as a public road.
7.
o
All driveways on Main Road shall make an angle of at least 70 and
o
preferably 90 with the state road.
8.
No driveway or entrance road on Main Road or on the proposed road
shall be located within 50 feet of the ends of the short radius curve
connecting the southeasterly side of Main Road with the northeasterly
side of the proposed road.
9. All stormwater runoff resulting from the development and improvement
of this subdivision or any of its lots shall be retained on the site
by adequate drainage structures so that it will not flow out onto the
right-of-way of Main Road.
10. No new residential structure or sanitary disposal facility shall be
constructed or otherwise located within 100 feet of the upland edge of __.
the wetlands or the shoreline of James Creek.
11. No stormwater runoff resulting from the development and improvement of
the subdivision or any of its lots shall be discharged into the tidal
wetlands within the parcel nor into James Creek.
12. Erosion and sediment control measures shall be required during and
immediately after construction on each lot to insure that stormwater
runoff will not carry eroded and other deleterious materials into James
Creek and the tidal wetlands bordering the creek.
13. All prospective owners of lots within this subdivision shall be
advised that this subdivision is located within one mile of Mattituck
Airport and, therefore, may be subjected to noise emanating from the
facility and from aircraft flying overhead or nearby.
14. All residential structures that are erected within this subdivision
shall be constructed using materials and techniques that will reduce
interior noise levels in accordance with the recommendations of the
Department of Housing and Urban Development or other authority that
has promulgated standards for reduction of interior noise levels.
15. Conditions I, 4, 5, 6 and 8-15, inclusive, shall be filed as covenants
and restrictions in the office of the County Clerk on or prior to the
granting of approval to this subdivision.
. "" PLANNING BOARD
!"
'6
MARCH 5, 1.
~
(
change 100 feet to 75 feet and in the additional item change 75
feet to 100 feet.
Mr. Bruer: Excuse me, what did we do with eight?
Mr. Orlowski: We're just leaving it in now until we can review
it but we are adopting this report as is right now.
Mr. Bruer: It doesn't say when it has to be offered, it could
be offered in the next century.
Mr. Orlowski: This will basically be the C & R's that will go
with the property and all the rest I don't think you should have
a problem with. If we leave it in there then we can always take
it out. If we eliminAte it now then it doesn't give us a chance
to put it back in.
Mr. Bruer: Alright.
Mr. Orlowski: We'll discuss it Wednesday and get back to you
before the next meeting which by then we should have the Health
Department maps and then we can do everything.
Mr. Bruer: Actually, we don't have the maps but we have the
appeals approved.
(
Mr. Orlowski: Do I have a second to that motion?
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on that
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards, Mr. Latham,
Mr. Orlowski, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
****************************************
Mr. Orlowski: Alan Cardinale - (James Creek) - This minor
subdivision is on 15.9012 acres located at Mattituck.
SCTM ~1000-122-3-1.4.
Mr. Ward: Mr. Chairman, I would like to offer the following
resolution.
l
RESOLVED to adopt the February 8, 1990 Suffolk County
Planning Commission report with the fOllowing amendments
(numbers correspond to numbers in report):
1. Is to remain as written.
An additional item should be added as follows: There shall
.7
MARCH 5, 1.
,
PLANNING BOARD
.
!'
r~
'- -
3.
4.
5.
6.
(
7.
be no further subdivision of lots No.1, 2 and 3 in
perpetuity.
2.
Is to be omitted.
the Board for many
requested that the
The proposed layout has been before
years. The Planning Board
applicant file a Declaration of
Covenants and Restrictions
stating that Lot No. 4 be subdivided along the existing
zoning lines into one business lot and one residential
lot, upon approval of the four (4) lot subdivision. The
board feels that the same outcome will be achieved,
without forcing the applicant to redraw the current
proposal and begin the subdivision process again for
a major subdivision. The board has also requested
that the road be built to the Alternate Road
Specification, and will also request that the map
be filed in the County Clerk's office.
Is to be omitted.
Is to remain as written.
Is to be omitted.
Is to be omitted. The Planning Board is requ~r~ng
a road built to the Alternate Road Specifications.
Final maps will contain the name of the proposed
road.
Is to be omitted. The Planning Board is requiring
that all lots, with the exception of the business lot,
have access onto the proposed road.
8, 9, 10, 11, 12 and 13 are to remain as written.
14. Is to be omitted.
15. Is to be revised to read: these Covenants and
Restriction can be modified only at the request
of the then owner of the premises with the
approval of a majority plus one of the Planning
Board of the Town of Southold after a public
hearing. Adjoining property owners shall be
entitled to notice of such public hearing but
their consent to such modification shall not
be required.
16. Is to remain as written with the addition that the
Liber and page number of the filed document be
included on the final map.
l
Numbers 1, 3, 8 - 12, 15 and the additional item must be
presented in a Declaration of Covenants and Restrictions in
r~
~ -
(
c
PLANNING BOARD
- ,
.8
MARCH 5, 1~
.
proper legal form. A copy of the draft Declaration of Covenants
and Restrictions must be submitted for review by the Planning
Board and Town Attorney. Once approved, the document must be
filed in the Office of the County Clerk.
Number 13 and 16 must be shown on the final map.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on that
motion. All those in favor?
Ayes:
Mr. Latham, Mr. Edwards, Mr. Ward,
Mr. Orlowski, Mr. McDonald.
Mr. Orlowski: Opposed? So Ordered.
Mr. Orlowski: Everything is in order to close the hearing.
Mr. Edwards: I move we close the hearing.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Orlowski, Mr. Edwards,
Mr. McDonald, Mr. Latham.
Mr. Orlowski: Opposed? So ordered.
****************************************
Mr. Orlowski: North Road Associates - This minor subdivision
is on 16.886 acres located in Orient.
SCTM *1000-122-3-1.4. We have the Suffolk County Planning
Commission's Report. What is the pleasure of the board?
Mr. Bruer: Mr. Orlowski, may I make a comment on it?
Mr. Orlowski: Yes.
Mr. Bruer: On behalf of the applicant. I would respectfully
request that the board override the complete recommendations of
the County Planning on the following grounds: (1) I don't
think they really appreciate the project and that even though
they have had the maps before them since at least, I think,
January 26th, 1989, they still don't realize that this has
been submitted to the board as a cluster concept which I don't
think they realize with respect to paragraph (1) of their
comments. As you know the public hearing for this Subdivision
was back in February of 1989. Due to the death of one of the
developers has caused a delay in terms of getting the maps that
the Suffolk County Planning had requested. As you know the
(
(
l
PLANNING BOARD
.
10
FEBRUA~ 13, 1990
q
.
"
Mr. Ward: So moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: I'll entertain a motion to send the bond estimate
over to the Town Board for its approval.
Mr. Ward: So moved.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski:
Mr. Orlowski: Opposed? So ordered.
****************************************
Mr. Orlowski: Alan Cardinale: (James Creek) - This minor
subdivision is on 15.9012 acres located at Mattituck.
SCTM *1000-122-3-1.4. We still haven't received comment from
the Suffolk County Planning Commission. I'll ask if anyone has
any comments regarding this subdivision? Hearing no comment,
I'll entertain a motion to keep this hearing open.
Mr. McDonald: I move that we keep the hearing open.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Latham.
Mr. Orlowski: Opposed? So ordered.
****************************************
Mr. Orlowski: North Road Associates - This minor subdivision
is on 16.886 acres located at Orient.
SCTM # 1000-18-4-1. We have not yet received comment from the
Suffolk County Planning Commission so we will also keep this
hearing open. I'll ask if there are any comments while the
cotTY OF SUFFOLK
,
3JJ.bFtut
M~
Pf3,
G
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
ARTHUR H. KUNZ
DIRECTOR OF PLANNING
February 8, 1990
Mr. Bennett Orlowski, Jr., Chairman
Town of Southold Planning Board
Main Road
Southold, New York 11971
Re: Minor Subdivision - Alan Cardinale
Southeasterly side of Main Road, New York State Route
25, 280.48 feet southwesterly from New Suffolk Avenue,
Mattituck, New York.
T.P.I.N 1000-122-03-1.4
Dear Mr. Orlowski:
The Suffolk County Planning Commission at its regular meeting on
February 7, 1990, reviewed the proposed subdivision plat, entitled, "Minor
Subdivision - Alan Cardinale" referred to it pursuant to Section AI4-24, Article
XIV of the Suffolk County Administrative Code. After due study and deliberation
it resolved to approve said map subject to the following sixteen conditions that
are deemed necessary to help preserve the traffic safety and carrying capacity
of Main Road, a state road. and to help preserve the natural and aesthetic
attributes of the shoreline of James Creek, and the tidal wetland adjacent
thereto.
1. No lot line shall be changed in any manner at any future date unless
authorized by the Town of Southold Planning Board.
2. The map shall show the proposed subdivision of Lot 4 into two lots,
one commercial and one residential, presently under consideration
rather than handling the subdivision of this property as two separate
subdivisions.
3.
This subdivision shall be treated as a major subdivision and the map
filed in the County Clerk's office.
/
4. Clearing and grading within each lot shall be limited to that
necessary for siting and constructing a house with the intent of
preserving as much of the natural vegetation on the site as possible.
Limiting clearing and grading will minimize stormwater runoff and
erosion.
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, ~I.. N9 YORK 11 788
USIS) S80-S182
;' - ,
l_~ j '"" J:"'<....J
.
-
Page -2-
--------------------------------------------------------------------------------
5.
Due to the minimum lot area requirement of the zoning classification
of this property being considerably less than the area of the
residential portion of Lot 4, the lot shall be made subject to a
covenant that will prohibit future subdivision in perpetuity.
6.
The proposed access for the lots shall be set off as a road and not as
a right-of-way. It shall be given a distinctive name to facilitate
the location of the properties served by it by fire, police and other
emergency and service units. The subdivider shall offer this road to
the Town of Southold for dedication as a public road.
7.
o
All driveways on Main Road shall make an angle of at least 70 and
o
preferably 90 with the state road.
8.
No driveway or entrance road on Main Road or on the proposed road
8hall be located within 50 feet of the ends of the short radius curve
connecting the southeasterly side of Main Road with the northeasterly
side of the proposed road.
9. All stormwater runoff resulting from the development and improvement
of this subdivision or any of its lots shall be retained on the site
by adequate drainage structures so that it will not flow out onto the
right-of-way of Main Road.
10. No new residential structure or sanitary disposal facility shall be
constructed or otherwise located within 100 feet of the upland edge of
the wetlands or the shoreline of James Creek.
(-'," ,
" l ',' tC(....I
11. No stormwater runoff resulting from the development and improvement of
the subdivision or any of its lots shall be discharged into the tidal
wetlands within the parcel nor into James Creek.
12. Erosion and sediment control measures shall be required during and
immediately after construction on each lot to insure that stormwater
runoff will not carry eroded and other deleterious materials into James
Creek and the tidal wetlands bordering the creek.
13. All prospective owners of lots within this subdivision shall be
advised that this subdivision is located within one mile of Mattituck
Airport and, therefore, may be subjected to noise emanating from the
facility and from aircraft flying overhead or nearby.
14. All residential structures that are erected within this subdivision
shall be constructed using materials and techniques that will reduce
interior noise levels in accordance with the recommendations of the
Department of Housing and Urban Development or other authority that
has promulgated standards for reduction of interior noise levels.
15. Conditions 1, 4, 5, 6 and 8-15, inclusive, shall be filed as covenants
and restrictions in the office of the County Clerk on or prior to the
granting of approval to this subdivision.
,-
I
Page -3-
--------------------------------------------------------------------------------
These covenants and restrictions can be modified only at the request
of the then owner of the premises with the approval of a majority plus
one of the Town Board or Planning Board of the Town of Southold after
a public hearing. Adjoining property owners shall be entitled to
notice of such public hearing but their consent to such modification
shall not be required.
16. The final map shall bear the following note: A Declaration of
Covenants and Restrictions has been filed in the Suffolk County
Clerk's office which affects lots in this subdivision.
The Commission also offers the following comments on the map for your use
and consideration:
1. Considerable care must be taken in the manner of storage and disposal
of not only commercial and industrial wastes. but also the disposal of
stormwater runoff from impervious areas on the site which can carry
deleterious substances that can. if reaching James Creek via the
groundwater. have an adverse impact on James Creek.
2. Conditional approval of this subdivision does not in any way imply
approval of the layout of future subdivision of this tract presently
under consideration.
3. Adequate provision shall be made for properly designed and properly
located handicapped parking spaces. In locating a handicapped parking
space consideration is to be given to the nature of the occupancy of
the building and the probability of a handicapped person utilizing a
specific unit within the building.
4. There is the possibility that this site may contain material of
archaeological value. Therefore. an archeological survey should be
made by a qualified archaeologist. If it is found that the site does
contain material of archseological value then: (1) the site should be
preserved; or (2) clearing. excavation and construction on the
property should be delayed for a reasonable period of time to allow an
archaeologist to explore. excavate and salvage items of historical
worth.
Very truly yours.
File: S-SD-84-20.1
CGL:mb
Enc!. : Map
Arthur H. Kunz
Director of Planning
tJ~~ ~ /WI
by "-1"
Charles G. Lind. Chief Planner
Subdivision Review Jliv.:lll:!.cm
rl
F
cc: R. Villa. P.E.. SCDHS
". !
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
TELEPHONE
(516) 765-1938
-
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 14, 1990
Alan Cardinale
P.o. Box 77
Mattituck Shopping Center
Mattituck, NY 11952
RE: Alan Cardinale
James Creek subdivision
SCTMI 1000-122-3-1.4
Dear Mr. Cardinale:
The following took place at the meeting of the Southo1d
Town Planning Board on Tuesday, February 13, 1990.
The final public hearing, which was opened on November 20,
1989, was again kept open. The hearing will remain open until
the Planning Board receives and reviews the following:
1. The Suffolk County Planning Commission Report.
As requested previously, the Planning Board awaits the
following:
1. Curb cut approval from the New'York State Department
of Transportation;
2. A draft of the revised Declaration of Covenants ~nd
Restrictions.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
~V~./
I - )HJ
Bennett Orlowski, Jr.
Chairman
(i)
3<< 6FI LC
/lII~
P6
-~
!
CO~NTY OF SUFFOLK
.
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
ARTHUR H. KUNZ
DIRECTOR OF PLANNING
February 8, 1990
Mr. Bennett Orlowski, Jr., Chairman
Town of Southo1d Planning Board
Main Road
Southo1d, New York 11971
Re: Minor Subdivision - Alan Cardinale
Southeasterly side of Main Road, New York State Route
25, 280.48 feet southwesterly from New Suffolk Avenue,
Mattituck, New York.
T.P.I.N 1000-122-03-1.4
Dear Mr. Orlowski:
The Suffolk County Planning Commission at its regular meeting on
February 7., 1990, reviewed the proposed subdivision plat, entitled, "Minor
Subdivision - Alan Cardinale" referred to it pursuant to Section A14-24, Article
XIV of the Suffolk County Administrative Code. After due study and deliberation
it resolved to approve said map subject to the following sixteen conditions that
are deemed necessary to help preserve the traffic safety and carrying capacity
of Main Road, a state road, and to help preserve the natural and aesthetic
attributes of the shoreline of James Creek, and the tidal wetland adjacent
thereto.
1. No lot line shall be changed in any manner at any future date unless
authorized by the Town of Southo1d Planning Board.
2. The map shall show the proposed subdivision of Lot 4 into two lots,
one commercial and one residential, presently under consideration
rather than handling the subdivision of this property as two separate
subdivisions.
3.
This subdivision shall be treated as a major subdivision and the map
filed in the County Clerk's office.
,/
4. Clearing and grading within each lot shall be limited to that
necessary for siting and constructing a house with the intent of
preserving as much of the natural vegetation on the site as possible.
Limiting clearing and grading will minimize stormwater runoff and
erosion.
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, L.I., NEW YORK 1 1 788
(151 eJ 3eo.S I 82
'- , 'v
'~ . J
---
Page -2-
--------------------------------------------------------------------------------
5. Due to the minimum lot area requirement of the zoning classification
of this property being considerably less than the area of the
residential portion of Lot 4, the lot shall be made subject to a
covenant that will prohibit future subdivision in perpetuity.
6. The proposed access for the lots shall be set off as a road and not as
a right-of-way. It shall be given a distinctive name to facilitate
the location of the properties served by it by fire, police and other
emergency and service units. The subdivider shall offer this road to
the Town of Southold for dedication as a public road.
7. All driveways on Main Road shall make an angle of at least 700 and
o
preferably 90 with the state road.
8. No driveway or entrance road on Main Road or on the proposed road
shall be located within 50 feet of the ends of the short radius curve
connecting the southeasterly side of Msin Road with the northeasterly
side of the proposed road.
9. All'stormwater runoff resulting from the development and improvement
of this subdivision or any of its lots shall be retained on the site
by adequate drainage structures so that it will not flow out onto the
right-of-way of Main Road.
10. No new residential structure or sanitary disposal facility shall be
constructed or otherwise located within 100 feet of the upland edge of
the wetlands or the shoreline of James Creek.
11. No stormwater runoff resulting from the development and improvement of
the subdivision or any of its lots shall be discharged into the tidal
wetlands within the parcel nor into James Creek.
12. Erosion and sediment control measures shall be required during and
immediately after construction on each lot to insure that stormwater
runoff will not carry eroded and other deleterious materials into James
Creek and the tidal wetlands bordering the creek.
13. All prospective owners of lots within this subdivision shall be
advised that this subdivision is located within one mile of Mattituck
Airport and, therefore, may be subjected to noise emanating from the
facility and from aircraft flying overhead or nearby.
14. All residential structures that are erected within this subdivision
shall be constructed using materials and techniques that will reduce
interior noise levels in accordance with the recommendations of the
Department of Housing and Urban Development or other authority that
has promulgated standards for reduction of interior noise levels.
15. Conditions I, 4, 5, 6 and 8-15, inclusive, shall be filed as covenants
and restrictions in the office of the County Clerk on or prior to the
granting of approval to this subdivision.
--
Page -3-
These covenants and restrictions can be modified only at the request
of the then owner of the premises with the approval of a majority plus
one of the Town Board or Planning Board of the Town of Southold after
a public hearing. Adjoining property owners shall be entitled to
notice of such public hearing but their consent to such modification
shall not be required.
16. The final map shall bear the following note: A Declaration of
Covenants and Restrictions has been filed in the Suffolk County
Clerk's office which affects lots in this subdivision.
The Commission also offers the following comments on the map for your use
and consideration:
1. Considerable care must be taken in the manner of storage and disposal
of not only commercial and industrial wastes. but also the disposal of
stormwater runoff from impervious areas on the site which can carry
deleterious substances that can, if reaching James Creek via the
groundwater, have an adverse impact on James Creek.
2. Conditional approval of this subdivision does not in any way imply
approval of the layout of future subdivision of this tract presently
under consideration.
3. Adequate provision shall be made for properly designed and properly
located handicapped parking spaces. In locating a handicapped parking
space consideration is to be given to the nature of the occupancy of
the building and the probability of a handicapped person utilizing a
specific unit within the building.
4. There is the possibility that this site may contain material of
archaeological value. Therefore, an archeological survey should be
made by a qualified archaeologist. If it is found that the site does
contain material of archaeological value then: (1) the site should be
preserved; or (2) clearing, excavation and construction on the
property should be delayed for a reasonable period of time to allow an
archaeologist to explore, excavate and salvage items of historical
worth.
Very truly yours,
Arthur H. Kunz
Director of Planning
U,r " ,;-w
.{:"._' ,~':J/,'1 d.;:'}
by "...",; ~.v #'
Charles G. Lind, Chief Planner
Subdivision Review>>~vision
File: S-SD-84-20.1
CGL:mb
Enel.: Map
cc: R. Villa, P.E., SCDHS
TRUSTEES
John M. Bredemeyer, III, President
Henry P. Smith, Vice President
Albert J. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone (516) 765-1892
.
Pb
Su6rl t..E: .......
MS
SCOTT L. HARRIS
Supervisor
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO:
~-~. .
~~ Orlowsk1, Jr., Cha1rman
John Bredemeyer, presiden~
Proposed Subdivision of Alan Cardinale
James Creek SCTM #1000-122-)-1.4
FROM:
RE:
DATE:
January 22, 1990
Please be advised that the filed Covenants and Restrictions
referenced by your memo of December 26, 1989 effectively remove
any activity landward of 75' from Trustee jurisdiction and hence
the need for the Board to issue a waiver (which would only tend
to confuse or undermine the C & R's themselves).
with respect to C & R number 4B, I believe that the Board of
Trustees would have no objection to entertaining an application
for a Trustee wetland permit for conservation plantings of
indigenous species within the 75' zone provided the applicant
could demonstrate that exotic or low value wildlife species such
as Phragmites have become dominant as a result of past land use
practices or that habitat diversity or quality would be
inherently improved under such a planting proposal.
In the near future I hope to enlist Trustee Board and C.A.C.
support to standardize C & R's and review procedures to
efficiently effect these changes without the mountain of
paperwork we currently generate.
cc: Trustees
CAC
Alan Cardinale
00
m 00 m D WI rn ~.
--5 I.,
.... c; !!lit' I .1 , ,
<:,
Town Hall, 53095 Main Road
P,O, Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
.
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 19, 1990
Alan Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, NY 11952
RE: Alan Cardinale
James Creek
SCTMll 122-3-1. 4
Dear Mr. Cardinale:
The following took place at the meeting of the Southold
Town planning Board on Thursday, January 18, 1990.
The final public hearing, which was opened on November
20, 1989, was again kept open. The hearing will be kept open
until the Planning Board receives the following:
1. The Suffolk County planning commission Report.
As requested previously, the planning Board awaits the
following:
1. Curb cut approval from the New York State Department
of Transportation.
2. A draft of the revised covenants and Restrictions.
Please contact this office if you have any questions
regarding the above.
Very truly yours,
B~~/f
Chairman
hp
TElEPHONE
(516) 765-1938
.
,
....
Town Hall. 53095 Main Road
P.O_ Box 1179
Southold. New York 11971
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 12, 1990
Alan Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, New York 11952
RE: Alan Cardinale
James Creek
SCTM# 1000-122-3-1.4
Dear Mr. Cardinale:
Enclosed please find a copy of the map indicating the fire
well location as requested by the Mattituck Fire Department.
Please include this on your final maps.
If you have any questions, please do not hesitate to
contact this office.
Very truly yours,
6~ C1~', 4v;/
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Bennett Orlowski,Jr.
Chairman
encl.
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I HEREBY CERTIFY THAT THIS MAP WAS MADE BY US FROM ACTUAL SURVEYS
COMPLETED . \.. - 2.~ 'f9'IAND THAT ALL CONCRETE MONUMENTS SHOWN THUS.:
. HEREON ACTU LL Y EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN
AND ALL DIMENSIONAL AND GEODETIC DETAILS A E CORRECT.
JOHN T. METZGER . .S. LIC. NO. 4961B
THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED
BY THE PLANNING BOARD THE TOWN OF SOUTHOLD BY RESOLUTION OF
APPROVAL DATED
BY
DATE
,
CHAIRMAN PLANNING BOARD
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MATTITUCK FIRE DISTRICT
MATTITUCK. LONG ISLAND. N. Y. 1Ii152
Fire Well Specifications for the Mattituck Fire District:
Shallow Well:
Gravel Filter Type by developing the natural formation surrounding the well
screen - The casing shall be 8" inside diameter - full weight wrought
steel drive pipe - the well screen shall be stainless steel and shall have
an open slot length of not less than 20 feet.
Upon completion of setting of screen this well is to be developed until no
further sand enters the screen and until gravel-filter wall surrou~ding
the screen is stabilized at the ultimate pumping capacity of the well.
Well is required to pump 300 GPM for one hour and 200 GPM thereafter.
Top of well to have a 9' Cast Iron Fire Hydrant Adaptor Cap with Connecting
Chain.
Submersible Fire Well:
Well casing and screen will be same as above.
Well to be equipped with a 2 stage 10 H. P. 3 Phase, 3500 RPM electric
motor with electric starter, Typer NEMA 4m capable of delivering 385 GPM
at 10 PSI discharge at center of the tee at the top of the well - This pump
shall be of the submersible turbine type} equipped with grease-packed
bearings in bowl assemblies. The bowl shall be of a smooth finish design
to guide the water from one stage to the next with min1munturbulence.
Top of well is to be finished off with a 4" check valve with a 4 x 5
increaser and a 5" fire hydrant adaptor cap with connecting chain. The
hose threads and hydrant wrench nut shall conform to the standards of the
~attituck Fire District.
The drop pipe is to be 4" black standard weight - the submersible pump
wire is to be #8 rubber covered.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR 0"- VITAL STATISTICS
,
$"es:r~ I'=/<..E:"
MS
Town HaU, 53095 Main Road
P.O. Box 1179
Southo1d, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
I D rJ" -- Il..- L - <, -J. J
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1989:
RESOLVED that the Town Board of the Town of Southold hereby approves
the amount of $78,870.00 for a bond for roads and improvements in the
major subdivision of Alan Cardinale at Mattituck, all in accordance with
the recommendation of the Southold Town Planning Board and Sidney B.
Bowne & Son, Consulting Engineers.
Wr;~;"9 U~~M'rnJi
~~UNTNH9i()10W^; --_.1
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r7f~p1~~
~h T. Terry (/
Southold Town Clerk
December 28, 1989
PLANNING BOARD
(t
9
JANUAR~ It 1990
'.
(
****************************************
Hearing Held Open From Previous Meetings:
Mr. Orlowski: Alan Cardinale - (James Creek) - This minor
subdivision is on 15.9012 acres located at Mattituck.
SCTM #1000-122-3-1.1
Mr. Orlowski: I'll ask if there are any comments? Hearing
none, we'll entertain a motion to keep this open because we are
still waiting for the Suffolk County Planning Commission's
report. .
Mr. Latham: So moved.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. McDonald,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
c: Mr. Orlowski: Henry Appel - This major subdivision is on
15.3573 acres located at Mattituck.
SCTM # 1000-114-12-14.
****************************************
Mr. Orlowski: I'll ask if there are any comments? This hearing
was kept open from last time.
Bob Kasakavich from Peter Danowski's office - Just a note
that we provided the board with the maps showing updated Health
Department approval December 15th and that I believe the board
should be in receipt of and indicate an endorsement for the
project.
Mr. Orlowski: O.K., we are still waiting for the engineer's
review of the bond estimate.
Mr. Edwards: I'll entertain a motion that we hold the hearing
open until we receive the engineer's review of the bond estimate.
Mr. Latham: Second.
Mr. Orlowski: Any questions on the motion? All those in favor?
l
Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski,
Mr. McDonald, Mr. Ward.
Mr. Orlowski: Opposed? So ordered.
.
.
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
TELEPHONE
(516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
December 26, 1989
Alan Cardinale
P.O. Box 77
Mattituck Shopping Center
Mattituck, New York 11952
RE: Alan Cardinale
James Creek
SCTM# 1000-122-3-1.4
Dear Mr. Cardinale:
The following actions were taken by the Planning Board on
Monday, December 18, 1989.
It was RESOLVED to adopt the engineer's report dated
December 11, 1989, and also to adopt the bond in the amount of
$78,870.00, and to recommend same to the Town Board.
It was noted that the revision to the bond includes the
deletion of 2 street lights, and the addition of one firewell.
Due to the change in the amount of the bond estimate, the
inspection fee is also revised. The correct inspection fee is
4,732.20 dollars (6% of the bond estimate).
The Planning Board continued to hold the public hearing
open from November 20, 1989. The hearing will be keep open
until the Planning Board receives and reviews any comments from
the Suffolk County Planning Commission.
Please note also that curb cut approval from the New York
State Department of Transportation must be submitted prior to
endorsement of the map by the Chairman.
The proposed Covenants and Restrictions that were dated
November 20, 1989, are not acceptable. The following changes
must be made (the numbers correspond to those in the draft):
.
.
4 a) must be changed to exclude bulkheads and retaining
walls within 75 feet of the wetlands.
4 b) should be rewritten to make it clear that the "buffer
area" is the same as the 75 foot setback area.
Addition:
Add a subsection requ1r1ng that there be no placement
of sanitary disposal systems within 100 feet of the
tidal wetlands.
Please submit a revised draft, in proper legal form, to
this office for review.
Please contact this office if you have any further
questions.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
enc
ms
. SIDNEY B. BOWNE & SO,"
~.
December II, 1989
BOND ESTIMATE
FOR
CARDINALE SUBDIVISION AT MATTITUCK
TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK
ITEM. NO .. . QUANTITY DESCRIPTION UNIT PRICE AMOUNT
1 .70 acre Clearing and Grubbin9 $2500.00 $1,750.00
2 750 c.y. Unclassified Excavation 6.00 4,500.00
. 3 250 c.y. Roadway Fi 11 8.00 2,000.00
4 90 1. f. Saw Cut 3.00 270.00
5 2,500 s.y. Fi ne Grad i n9 1.50 3,750.00
6 40 1. f. Furnish and Lay 18" CMP 30.00 1,200.00
7 44 v. f. Furnish and Install Leaching
Basins - 10' Diameter 250.00 11,000.00
8 120 1.f. Concrete Curb 10.00 1,200.00
9 180 c.y. Dense Graded Aggregate Base
Course - 4" thick 40.00 7,200.00
10 220 Tons Bituminous Pavement
Binder Course-2 1/2" thick 60.00 13,200.00
11 135 Tons Bituminous Pavement
Wearing Course-l 1/2" thick 60.00 8,100.00
12 1,000 s.y Topsoil and Seed 5.00 5,000.00
13 1 ea. Street light _ _ 1,500.00 1,500.00
14 600 1. f. Direct Burial Cable 2.00 1,200.00
15 30 ea. Street Trees 200.00 6,000.00
16 1 Firewe11 10000.00 10,000.00
rz J 0 8 Maintenance & Protection of
Traffic L.S. 1,000.00
SUB-TOTAL: $7 8,870~;00
6% INSPECTION FEE: 4,732.20
TOTAL: -- ~-----
$B3,602.20
V.M.
SaB NO.87528
0/134 tJ--1 Lf, 'Y/
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Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
TELEPHONE
(516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
TO:
Frank Kujawski, Jr., President
Board of Trustees
FROM:
Bennett Orlowski, Jr.
Chairman
RE: Proposed Subdivision for Alan Cardinale
James Creek
SCTM# 1000-122-3-1.4
DATE:
December 26, 1989
Attached please find a copy of the Declaration of Covenants and
Restrictions for the above mentioned subdivision.
The Board will be placing restrictions on the land lying within
seventy-five (75) feet of the wetlands. The terms of these
conditions are stated in Condition Number 4 of the Covenants and
Restrictions. The enclosed letter refers to changes that should
be made to the Covenants and Restrictions that are dated
November 20, 1989. The Planning Board's purpose in requiring
these Covenants and Restrictions is to mitigate the impact of
development along the waters edge. Accordingly it has ensured
that each lot is large enough that it can be developed without
the need to disturb the 75' buffer area. The applicant's
request to place cesspools with 75 feet of the wetlands is
unnecessary in light of the size and shape of the lot.
Further, the Suffolk County Planning Commission has been
requiring the placement of Covenants and Restrictions
prohibiting the location of either residences or sanitary
disposal systems within 100 feet of tidal wetlands.
Please review the above in reference to the waiver request which
is before your Board.
enc.
.
.
Town Hall, 53095 Main Road
P.O. Box 1179
Soulhold, New York 11971
TELEPHONE
(S16) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
December 26, 1989
Alan Cardinale
P.o. Box 77
Mattituck Shopping Center
Mattituck, New York 11952
RE: Alan Cardinale
James Creek
SCTM# 1000-122-3-1.4
Dear Mr. Cardinale:
The following actions were taken by the Planning Board on
Monday, December 18, 1989.
It was RESOLVED to adopt the engineer's report dated
December 11, 1989, and also to adopt the bond in the amount of
$78,870.00, and to recommend same to the Town Board.
It was noted that the revision to the bond includes the
deletion of 2 street lights, and the addition of one firewell.
Due to the change in the amount of the bond estimate, the
inspection fee is also revised. The correct inspection fee is
4,732.20 dollars (6% of the bond estimate).
The Planning Board continued to hold the public hearing
open from November 20, 1989. The hearing will be keep open
until the Planning Board receives and reviews any comments from
the Suffolk County Planning Commission.
Please note also that curb cut approval from the New York
State Department of Transportation must be submitted prior to
endorsement of the map by the Chairman.
The proposed Covenants and Restrictions that were dated
November 20, 1989, are not acceptable. The following changes
must be.made (the numbers correspond to those in the draft):
.
.
.
4 a) must be changed to exclude bulkheads and retaining
walls within 75 feet of the wetlands.
4 bl should be rewritten to make it clear that the "buffer
area" is the same as the 75 foot setback area.
Addition:
Add a subsection requ~r~ng that there be no placement
of sanitary disposal systems within 100 feet of the
tidal wetlands.
Please submit a revised draft, in proper legal form, to
this office for review.
Please contact this office if you have any further
questions.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
enc
ms
,
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COVENANTS & RESTR
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SQUTHOLO TOWi
NNiNG BOARIl
l:ne owner of
THIS DECLARATION made this 20th d
Alan A. Cardinale, residing at Main R ad
hereinafter referred to as the Declar
premises described in "Schedule A" annexed hereto desires to
restrict the use and enjoyment of said Premises, and has for
such purposes determined to impose on said Premises covenants
and restrictions and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southold
Planning Board for approval of a subdivision wherein Premises at
"Schedule A" would be designated Lot #4 and Premises at #4
"Schedule B" represent the entire premises which are the subject
of the four-lot subdivision.
2. As a condition for approval, acceptance and filing by
the Town of Southold Planning Board for such subdivision, the
Declarant agrees that upon acceptance and filing of such minor
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A"
premises is designated Lot #4) Declarant shall promptly make
application for a subdivision of that portion of "Schedule A"
Premises lying in the B (Business) Zoning Use District from that
portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide two separate
and distinct building lots, each located fully within its
respective Zoning Use District.
.~ .
,
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3. There shall be no further subdivisions of Lots ~umbered
I, 2 and 3 in perpetuity.
4. The following terms and conditions shall apply to all
land lying within the 75-foot setback area from the wetlands on
Lots 1,2 and 3.:
a) No structure or building shall be placed within
the setback area.
The terms "structure" and "building" shall be
interpreted as including swimming pools, patios, storage
buildings, structures for the housing of domesticated animals,
boat or other trailers, recreational vehicles, but shall not
include retaining walls, bulkheads and decks provided all
required governmental permits are obtained.
b) The buffer area shall remain in its natural state.
It is not to be cleared of the indigenous vegetation of the
area.
Nor shall it be mowed and planted to grass.
c) The buffer area shall not be filled with either
soil, sand, or other debris, including brush.
d) The buffer area may be traversed by a walkway,
whether elevated or on the ground, provided proper wetland
permits can be obtained from the applicable agencies, which may
include the Board of Trustees and the New York State Department
of Environmental Conservation.
e) Any disturbance to the land within the easement
shall be redressed by the restorations of said land to its prior
natural state.
r
.
. ~a( .('r
f) No provision herein will limit the owner's right
and privilege to make special application to the governing
environmental authorities for the purpose of constructing
required protective structures and landscape to assure against
damage or diminished value to the property. Upon receiving the
appropriate approvals. the allowable protective structures and
landscape may be put in place without disturbance.
~;/r:vL; L
~;.., -"'. -
LAN A. CARDINALE
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the 20th day of November. 1989, before me personally came
Alan A. Cardinale. to me known to be the individual described in
and who executed the foregoing instrument. and acknowledged that
he executed the same.
J/ ~' (' .
7\,41(20. r;, juwjJ
~, Notary Public
LAURIE E. GRAEB
Notary Public. Stote of New Vorl<
No. 482181 e, Suffolk County
Term Expires S~ntp.mber 20. 19
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ALAN A. CARDINALE
REAL ESTATE MANGEMENT & INVESTMENT
P.O. BOX 77
MATTlTUCK, SHOPPING CENTER
MATTITUCK, L.I., N.Y. 11952
December 20, 1989
Southold Town Planning
Main Road
Southold, NY 11971
Dear Melisa:
,
516-298-4223
DEe 2 2_
SOUTHOLD TOWN
PLANNING BOARD
Enclosed please find undated surveys from the Health
Department for James Creek. Please call if any further
information is required. Thank you in advance for your
continued cooperation.
Very truly yours,
.~~~
Alan A. Cardinale
.
WWM-042 (Rev. 8/88)
.
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
BUREAU OF WASTEWATER MANAGEMENT
SUFFOLK COUNTY CENTER
RIVERHEAD, NEW YORK 11901
516-548-3312
NOTICE OF INCOMPLETE APPLICATION - RESIDENTIAL
---
..........01'......_
TO:
)"2-
H .S. REFERENCE NO.:
The surveys or your proposed sewage sposal an water supply systems have been r.eviewed
and the following will be required prior to further processing of the application for.
a roval to construct. PLEASE RETURN A COPY OF THIS FORM WITH ANY RESUBMISSION.
I. PRELIMINARY APPROVALS - OTHER AGENCIES
1)4" N.Y.S. Dept. of Env. Cons.
~ Town Wetlands/Drainage
Sewer District Approval
S.C.D.H.S. Vector Control
II. SURVEY DATA AND INFORMATION REOUIRED
[ ]
Three prints of survey
required with surveyor's
original stamp & signature
[ ]
Indicat,e on survey the
specific locatton(s)
[with measurements] of
all water supply wells
and septic systems (with-
in 150' of all property
lines) or state if dwell-
ings are connected to
public water
Application Fee:$
Nallle, address. phone no.
required
) Statement signed by
applicant
[ ] show proposed house;
driveway location on
survey
Ind;cate square footage
of lot
Corner elevations
[ ] Show proposed sewage
disposal system/water
supply well/water service
line on survey
s.c. Tax Map Number reQ'd
Surrounding property -
vacant or improved
(within 150' of all
property lines)
[ ] Retaining wall must be
designed by P.E. or R.A.
( ] Test well required on your
lot as per attached bulletin
[ ] Public sewer stub location
fro~ sewer district shown on
surveys
III. OTHER/R!MARKS
. ,
FURTHER INFORMATION HAY BE RE
FOR DEPARTMENT USE ONLY
Date Prepared
F"-/7~
.........
By
Applicant Notified by Mail
Person
.
SEQRA Detennination
Other
[ ]
Indicate any surface
waters within 300' of
plot; show wetlands limit
as flagged by NYSDEC
and/or Town
Show area for SOX
expansion of sewage
disposal systeM
[ ]
Show test boring and
location on surveys
] Test..boring inadequate.
See Remarks below.
~ Grading plan showing
L~ invert elevations of
sewage disposal syste.,
foundation and final
grade (by licensed
surveyor or engineer)
( J Submit water availability
letter from water district
indicating distaqce to
nearest public water main
SJ-t.
I..~
RED
HOLD TOWN
NNING BOARD
18.1I46..8/88
.
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southo1d, New York 11971
TELEPHONE
(516) 765.1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
~C.,mbeR
19
,1989
Suffolk County Planning Commision
H. Lee Dennison Executive Office Building - 12th Floor
Veterans Memorial Highway
Hauppauge, New York 11788
. . Attention:
Mr. Charles G. Lind, Chief Planner
Subdivision Review Division
Gentlemen:
Pursuant to Section A14-24, Suffolk County Administrative Code, the
Southold Town Planning Board hereby refers the following proposed
subdivision to the Suffolk County Planning Commission:
Map of - A Idn c.Q.~\\I"'\e.
S.C.D.P.W. Topo No.:
Hamlet/Locality AAQ~i~~C~
Zoning Re~.1 A\\.... Clr->d -e.vs,n<.s::>
I
I~~ 3 I.~
S.C. Tax Map No.:
Major Sub.
1000 -
Minor Sub. )(
.
Site Plan
Cluster_
MATERIAL SUBMITTED:
1=\1\1...... X&led I'/S, /8'
Prglimi~ary Plat (3 copies) _Road Profiles
Drainage Plans (1) Topogroaphical Map (1)
Site Plan (1) ___ Grading Plan (1) _
( 1) l~tal lo/n f &'1
materials (specify and give number of copies)
c'o, 0 Qov '\'0 So 1,)1.",,\1 b q
Cov'! o.Q ll<WlIN€::J ~rJ.'S 'Dee. !f' le-tlelt. rt't.,e~;rvv C~"'fl~~
CoveA<1,I--\-'::o" ("(!::."'\ctc\,o-.,!\:6.
Waiver of Subdivision Requirements - See attached sheet
lica(\>-t .
:0\3 14..
CONTINUED
.
.
REFERRAL CRITERIA:
SEQRA STATUS:
1. The project: is an (@";;:iste~ (Type I) (Type II) Action.
2. A (Negative DeclarationT)(Positive Declaration)
(Determ. of Non-S~gnificance) has been adopted by the
Planning Board.
3. E.I.S. statement enclosed. (yes) ~
4. The proposed division has received approval from the S.C.
Dept. of Health. ~ (No)
COMMENTS: \k;, "t\"""""''J""kr<\ ,""c<S ;''t,u;rp& ~ \k "'-fP\;r<<..Jt .(';Ia. ~"""{s
nw-IJ .ff2,'tv-,'e-""" b..,(), c:;.1c:r-\ :"\)0 ~* '\\...t. 'o.<,,,,,.?"'c:. lot wi \\ bA.. ",,~~101'll""\ pr-\ ~'r2'''''M.
r:'''''rle.u-\-,o..\ \~ r~dn,,"',( ;" 7"'0\" tj. A r..~y ~ +;;; (~<'~:::~<
~, ~lo;::,,::\-~"RL;~ ~~r::t::'~l..~:'\:': :~:ii""~" ~1-! (1 l'."~
We request acknowledgement of
receipt of this referral (Yes) (no)
Referral received
by Suffolk County
and assigned File
19
Planning Commission
No.
Very trUly yours,
BENNETT ORLOWSKI,JR.
CHAIRMAN
jt
revised: 3/8/89
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COVENANTS & RESTR
Alan A. Cardinale, residing at Main
-'-
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. ;
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f November,. 19891 by
, -. 'l;,,~~ ~e:~"ork'
SOUTHOLD liNJ;.j
PlANNING 8(lARO
, ~ne owner of
TillS DECLARATION made this 20th d
hereinafter referred to as the Declar
premises described in "Schedule A" annexed hereto desires to
restrict the use and enjoyment of said Premises, and has for
such purposes determined to impose on said Premises covenants
and restrictions and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1.
Declarant has made application to the Town of Southold
Planning Board for approval of a subdivision wherein Premises at
"Schedule A" would be designated Lot #4 and Premises at #4
"Schedule B" represent the entire premises which are the subject
of the four-lot subdivision.
2. As a condition for approval, acceptance and filing by
the Town of Southold Planning Board for such subdivision, the
Declarant agrees that upon acceptance and filing of such minor
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A"
premises is designated Lot #4) Declarant shall promptly make
application for a subdivision of that portion of "Schedule A"
Premises lying in the B (Business) Zoning Use District from that
portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide two separate
and distinct building lots, each located fully within its
respective Zoning Use District.
.)
-.
3. There shall be no further subdivisions of Lots Numbered
I, 2 and 3 in perpetuity.
4. The following terms and conditions shall apply to all
land lying within the 75-foot setback area from the wetlands on
Lots I, 2 and 3.:
a) No structure or building shall be placed within
the setback area. The terms "structure" and "building" shall be
interpreted as including swimming pools, patios, storage
buildings, structures for the housing of domesticated animals,
boat or other trailers, recreational vehicles, but shall not
iI iI ;,
include retaining walls, bulkheads and decks provided all
required governmental permits are obtained.
b) The buffer area shall remain in its natural state.
It is not to be cleared of the indigenous vegetation of the
area. Nor shall it be mowed and planted to grass.
c) The buffer area shall not be filled with either
soil, sand, or other debris, including brush.
d) The buffer area may be traversed by a walkway,
whether elevated or on the ground, provided proper wetland
permits can be obtained from the applicable agencies, which may
include the Board of Trustees and the New York State Department
of Environmental Conservation.
e) Any disturbance to the land within the easement
shall be redressed by the restorations of said land to its prior
natural state.
\
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f)
No provision herein will limit the owner's right
and privilege to make special application to the governing
environmental authorities for the purpose of constructing
required protective structures and landscape to assure against
damage or diminished value to the property. Upon receiving the
appropriate approvals, the allowable protective structures and
landscape may be put in place without disturbance.
~J/r:~t;~_L
~ LAN A. CARDINALE
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the 20th day of November, 1989, before me personally came
Alan A. Cardinale, to me known to be the individual described in
and who executed the foregoing instrument, and acknowledged that
he executed the same.
J7 'e(' _
/",410u. r; - It-lw' /./
~, Notary Public
LAURIE E. GRAEB
Notary Public. Slate of New York
No 4821818. Suffolk County
Term 'Expims Sp.nt~lY1ber 30. 19
.
.
TElEPHONE
(516) 765-1938
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
December 26, 1989
Alan Cardinale
P.o. Box 77
Mattituck Shopping Center
Mattituck, New York 11952
RE: Alan Cardinale
James Creek
SCTM~ 1000-122-3-1.4
Dear Mr. Cardinale:
The following actions were taken by the Planning Board on
Monday, December 18, 1989.
It was RESOLVED to adopt the engineer's report dated
December 11, 1989, and also to adopt the bond in the amount of
$78,870.00, and to recommend same to the Town Board.
It was noted that the revision to the bond includes the
deletion of 2 street lights, and the addition of one firewell.
Due to the change in the amount of the bond estimate, the
inspection fee is also revised. The correct inspection fee is
4,732.20 dollars (6% of the bond estimate).
The Planning Board continued to hold the public hearing
open from November 20, 1989. The hearing will be keep open
until the Planning Board receives and reviews any comments from
the Suffolk County Planning Commission.
Please note also that curb cut approval from the New York
State Department of Transportation must be submitted prior to
endorsement of the map by the Chairman.
The proposed Covenants and Restrictions that were dated
November 20, 1989, are not acceptable. The following changes
must be made (the numbers correspond to those in the draft):
. . .
.
tt
4 a) must be changed to exclude bulkheads and retaining
walls within 75 feet of the wetlands.
4 b) should be rewritten to make it clear that the "buffer
area" is the same as the 75 foot setback area.
Addition:
Add a subsection requ~r~ng that there be no placement
of sanitary disposal systems within 100 feet of the
tidal wetlands.
Please submit a revised draft, in proper legal form, to
this office for review.
Please contact this office if you have any further
questions.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
enc
ms
.
.
Phone 298-8833
MATTITUCK FIRE DISTRICT
P.O" BOX 888, 1000 PIKE STREET
MATTITUCK, LONG ISLAND, N.Y. 11952
~
m@rnuwrn!nl
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.,91989 J
_.,-.
SOUTH OLD "
PLANNINg,r;, ,
,_"J
December 18, 1989
Southold Town Planning Board
Southold, N.Y. 11971
Gentlemen:
Enclosed please find Sub Divsion Maps as sent to the Board of Fire
Commissioners of the Mattituck Fire District.
On Map SCTWM H 1000-122-3-1.4 for Alan Cardinale a Fire Well is marked
on N.Y.S Rte. 25 approximately in the center of the property lines.
On the map for ",rUliam Molchan &: Vera Molchan there is no well marked
as there is sufficient water supply available.
Cordially
,
Mattituck: Fire
)
t
Town HaIL 53095 Main Road
P.O. Box 1179
Southold. New York 11971
TELEPHONE
(516) 765.1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD rob
Dece er
26, 1989
Judith Terry
Town Clerk
Southold, NY 11971
RE: Alan Cardinale
SCTM #1000-122-)-1.1
Dear Mrs. Terry:
The following action was taken by the Southold Town
Planning Board on Monday, December 18, 1989.
RESOLVED that the Southold Town Planning Board adopt the
bond estimate for the amount of 78,870.00 dollars, and recommend
to the Town Board that they adopt same.
If you have any questions, please do not hesitate to
contact this office.
&er::~t/~r~~ (};J
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Bennett Orlowski, Jr. ~~
Chairman
enc.
jt
SIDNEY B. BOWNE & SON
j
.
December 11, 1989
BOND ESTIMATE
FOR
CARDINALE SUBDIVISION AT MATTITUCK
TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK
ITEM NO. . QUANTITY DESCRIPTION UNIT PRICE AMOUNT
1 .70 acre Clearing and Grubbing $2500.00 $1,750.00
2 750 c.y. Unclassified Excavation 6.00 4,500.00
. . 3 250 c.y. Roadway Fill 8.00 2,000.00
4 90 1. f. Saw Cut 3.00 270.00
5 2,500 s.y. Fine Grading 1.50 3,750.00
6 40 1. f. Furnish and Lay 18" CMP 30.00 1,200.00
7 44 v.f. Furnish and Install Leaching
Basins - 10' Diameter 250.00 11,000.00
8 120 1.f. Concrete Curb 10.00 1,200.00
9 180 c.y. Dense Graded Aggregate Base
Course - 4" thick 40.00 7,200.00
10 220 Tons Bituminous Pavement
Binder Course-2 1/2" thick 60.00 13,200.00
11 135 Tons Bituminous Pavement
Wearing Course-1 1/2" thick 60.00 8,100.00
12 1,000 s.y Topsoil and Seed 5.00 5,000.00
13 lea. Street Light. 1,500.00 l,500 .00
14 600 1. f. Direct Burial Cable 2.00 1,200.00
15 30 ea. Street Trees 200.00 6,000.00
16 JOB Maintenance & Protection of
Traffi c L.S. 1 000.00
SUB-TOTAL: $W;870~mo
6% INSPECTION FEE: .4 ~ l3 2.:2 0
~~:) TOTI\L: $71;"002 :20
. .
V.M.
SBB NO.87528
D/134
rc-IJ'$C4..' 1;)...-14-'i5",.
SIDNEY B. BOWNE & SON
(,
.
December 11, 1989
BOND ESTIMATE
FOR
CARDINALE SUBDIVISION AT MATTITUCK
TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK
ITEM NO. QUANTITY DESCRIPTION UNIT PRICE AMOUNT
1 .70 acre CI eari ng and Grubbing $2500.00 $1,750.00
2 750 c.y. Unclassified Excavat ion 6.00 4,500.00
3 250 C.y. Roadway Fill 8.00 2,000.00
4 90 1. f. Saw Cut 3.00 270.00
5 2,500 s.y. Fine Grading 1.50 3,750.00
6 40 l.f. Furnish and Lay 18" CMP 30.00 1,200.00
7 44 v.f. Furnish and Install Leaching
Basins - 10' Di ameter 250.00 11,000.00
8 120 l.f. Concrete Curb 10.00 1,200.00
9 180 c.y. Dense Graded Aggregate Base
Course - 4" thick 40.00 7,200.00
10 220 Tons Bituminous Pavement
Binder Course-2 1/2" thick 60.00 13,200.00
11 135 Tons Bituminous Pavement
Wearing Course-1 1/2" thick 60.00 8,100.00
12 1,000 s.y Topsoil and Seed 5.00 5,000.00
13 3 ea. Street Lights 1,500.00 4,500.00
14 600 1. f. Direct Buri al Cable 2.00 1,200.00
15 30 ea. Street Trees 200.00
16 JOB Maintenance & Protection of
Traffic L.S.
SUB-TOTAL:
6% INSPECTION F E:
TOT :
V.M.
SBB NO.87528
D/134
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516-298-4223
ALAN A. CARDINALE
REAL ESTATE MANGEMENT & INVESTMENT
P.O. BOX 77
MATTlTUCK. SHOPPING CENTER
MATTlTUCK, L.I., N.Y. 11952
November 29, 1989
Town of Southold
Planning Department
Main Road
Southold, NY 11971
!fDJ ~ IE & n W ~. n
lJl] "30_
SOUTHOiDfo~i~---i
PLANNING !)OI~r.lD
._~""'_.' ,
Re: James Creek
Dear Melissa:
Enclosed please find the revised survey and road
profiles as requested at the November 20, 1989 Planning
Board hearing. Please call if there are any problems with
preparing the bond estimate from the current road
profiles. In addition, if possible we would appreciated
being placed on the agenda for the next planning board
hearing.
Our office also submitted to the Board of Trustees a
request for a letter of waiver for wetland setbacks. The
survey submitted conforms with the covenants proposed for
the entire subdivision and setbacks are in excess of town
and D.E.C. jurisdiction. The D.E.C. has informed our
office that our application is in order and we should have
approval by December 1, 1989. In contacting the Trustees
office we were told that their letter of waiver was
forwarded to the Planning Department and that it would not
be released until a letter was forwarded from the Planning
Department advising them to do so. Mr. Orlowski indicated
at a prior Town Meeting that there was not a problem with
per suing a single dwelling on the entire parcel. Please
call if any further information is needed to expedite this
matter. Thanking you in advance for your continued
cooperation.
Very truly yours,
/~/~J
Alan A. Cardinale Jr.
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
(\n II eM be, .;l '?<
, 1989
John A. Keogh, Secretary
Mattituck Fire Commissioner
Mattituck Fire Depar~ment
Pike Street
Mattituck, New York 11952
Dear Mr. Keogh:
Enolosed please find the survey for ~
A\cU'\ -f\. ((GSc\\(\ctIC -.:ICIlC'i\\?S C'\.Er..'A -Sc\m'.\+!C'CC-IJ).-3",,/'Lj
?l~ase notify this office as to whether any firewells are
needed. Please specify whether shallow wells or electric wells
will be needed.
Please reply by ~c.. \~, 1989. Thank you for your
cooperation.
Very truly yours,
~., />/' 0/
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(..?iTULiI:.w--u- . ,
~~ ORLOWS.~I,JR.
CHAIR.M..A..1>l
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,
Town Hall, 53095 Main Road
P,O, Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
November 27, 1989
Alan Cardinale
P.o. Box 77
Mattituck, NY 11952
RE: Alan Cardinale
James Creek
SCTM #1000-122-3-1.1
Dear Mr. Cardinale:
The fOllowing action took place at the Southold Town
Planning Board on Monday, November 20, 1989.
A public hearing was held on the final maps. The hearing
was kept open as the Planning Board did not receive the revised
maps which they had requested until the afternoon of the
meeting. The Board will review the maps and the Engineer's
report before the December 18, 1989, Planning Board ,meeting.
It was noted at the meeting that the upland and wetland
areas were not noted on the revised maps as previouSly requested
by the Board.
Please contact this office if you have any questions
regarding the above.
Ve5Y truly YOu;~~
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Chairman
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,
COVENANTS & RESTR
by
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.
..
THIS DECLARATION made this 20th d
Alan A. Cardinale, residing at Main R
hereinafter referred to as the Declar
work,
wner of
premises described in "Schedule A" annexed hereto desires to
restrict the use and enjoyment of said Premises, and has for
such purposes determined to impose on said Premises covenants
and restrictions and does hereby declare that said Premises
shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southold
Planning Board for approval of a subdivision wherein Premises at
"Schedule A" would be designated Lot #4 and Premises at #4
"Schedule B" represent the entire premises which are the subject
of the four-lot subdivision.
2. As a condition for approval, acceptance and filing by
the Town of Southold Planning Board for such subdivision, the
Declarant agrees that upon acceptance and filing of such minor
subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A"
premises is designated Lot #4) Declarant shall promptly make
application for a subdivision of that portion of "Schedule A"
Premises lying in the B (Business) Zoning Use District from that
portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide two separate
and distinct building lots, each located fully within its
respective Zoning Use District.
~
.
.
3. There shall be no further subdivisions of Lots Numbered
1, 2 and 3 in perpetuity.
4. The following terms and conditions shall apply to all
land lying within the 75-foot setback area from the wetlands on
Lots 1, 2 and 3.:
a) No structure or building shall be placed within
the setback area. The terms "structure" and "building" shall be
interpreted as including swimming pools, patios, storage
buildings, structures for the housing of domesticated animals,
boat or other trailers, recreational vehicles, but shall not
include retaining walls, bulkheads and decks provided all
required governmental permits are obtained.
b) The buffer area shall remain in its natural state.
It is not to be cleared of the indigenous vegetation of the
area. Nor shall it be mowed and planted to grass.
c) The buffer area shall not be filled with either
soil, sand, or other debris, including brush.
d) The buffer area may be traversed by a walkway,
whether elevated or on the ground, provided proper wetland
permits can be obtained from the applicable agencies, which may
include the Board of Trustees and the New York State Department
of Environmental Conservation.
e) Any disturbance to the land within the easement
shall be redressed by the restorations of said land to its prior
natural state.
"
.
.
f) No provision herein will limit the owner's right
and privilege to make special application to the governing
environmental authorities for the purpose of constructing
required protective structures and landscape to assure against
damage or diminished value to the property. Upon receiving the
appropriate approvals, the allowable protective structures and
landscape may be put in place without disturbance.
~r:~
LAN A. CARDINALE
STATE OF NEW YORK : COUNTY OF SUFFOLK
On the 20th day of November, 1989, before me personally came
Alan A. Cardinale, to me known to be the individual described in
and who executed the foregoing instrument, and acknowledged that
he executed the same. ~ .~~~
Notar~ublic
LAURIE E. GRAEII
NOlIIfY Public. State of N_ YcMtl
No. 4821818. Suffolk County
Term Expires September 30. 19
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description of Lot 4 as shown on a map entitled, "Minor
Subdivision Plan prepared for Mohring Enterprises, Inc." at Mattituck,
Town of Southold, Suffolk County, New York.
""
Beginning at a point formed by the intersection of the easterly line
of Main Road (N.Y.S. Rte. 25) with the southerly line of land of Peteco
Realty Co., which point is the following courses and distances as measured
along the easterly line of said Main Road from the southerly line of New
Suffolk Avenue:
(1) South 220 18' 40" West 180.48 feet,
(2) South 300 06' 10" West 100.00 feet; and
running thence from said point of beginning easterly and northerly along
the land of Peteco Realty Co. the following courses and distances:
(1) South 830 11' 50" East 313.77 feet,
(2) North 300 06' 10" East 100.00 feet to the land of Tom's
Dream, Inc.;
thence South 830 11' 50" East along the lands of Tom's Dream, Inc. and
of Glenn G. & Louise B. Munn 224.41 feet;
thence South 10 04' 40" West continuing along the land of Glenn G. &
Louise B. Munn 362.00 feet;
thence westerly and southerly through the land of Mohring Enterprises,
Inc. the following courses and distances:
(1) North 880 55' 20" West 257.64 feet,
(2) South 320 08' 20" West 215.77 feet to the land of Paul Lucas;
thence North 570 51' 40" West along the land of Paul Lucas, a right of
way, of Paul and Helen Lucas and of Walter Grabie, Inc. 493.41 feet to a point
in the easterly line of said Main Road;
thence northerly along the easterly line of said Main Road the following
courses and distances:
(1) North 440 56'
(2) North 370 07'
(3) North 300 06'
00" East
50" East
10" East
170.00 feet,
103.23 feet,
60.00 feet to the point or place of
beginning.
LL that certain plot. piece or parcel of land, with the buildings
aad improvements thereon erected, situate, lying and being in at
. attituck. Town of Southold, County of Suffolk and State of New York,
,being bounded and described as follows:
'i;/\", BEGINNING at a point on the easterly side of Main Road (Route 25)
" at the northwesterly corner of the premises herein described,
'adjoining land now or formerly of Peteco Realty Co. on the North;
,',f,Running thence along said land now or formerly of Peteco Realty Co.,
~~,the following two courses and distances:
1) South 830 11' 50" East, 313.77 feet;
2) North 300 06' 10" East, 100 feet to land now or formerly of
Mescioscia and another;
Running thence along said lana and land of Ehlers, South 83" 11' 50"
East, 224.41 feet;
Running thence along said land of Ehlers, the following two courses
and distances:
.~ 1) South 10 4' 40" West, 362.00 feet;
2) South 61" 44' 20" East, 248.84 feet to James Creek;
Running thence along the edge of James Creek by tie lines the
following eighteen courses and distances:
1) South 260 27' 10" West, 76.12 feet;
2) South 24000' 15" West, 147.51 feet;
3) South 50 55' 25" West, 48.04 feet;
4) South 520 57' 55" West, 33.47 feet;
5) South 160 47' 50" West, 100.90 feet;
6) South 30 12' 50" East, 91.85 feet;
7) South 130 12' 50" West, 75.63 feet;
8) South 20 24' 30" East, 115.43 feet;
9) South 320 05' 15" West, 50.75 feet;
10) North 59039' 15" West, 137.72 feet;
11) North 810 56' 40" West, 116.25 feet;
12) North 810 50' 20" West, 83.86 feet;
13) North 760 06' 55" West, 84.73 feet;
14) North 770 54' 20" West, 68.82 feet;
15) North 830 20' 50" West, 118.07 feet;
16) North 710 IS' 45" West, 63.61 feet;
17) South 850 17' 15" West, 81.37 feet;
18) North 740 48' 45" West, 73.86 feet to land of Pantaleo;
Running thence along said land of Pantaleo and others North 480 00'
00" East, 615.29 feet to the northeast corner of land of Lucas;
Running thence along said land of Lucas and other, North 57" 51' 40"
West, 568.41 feet to the easterly line of Main Road, Route 25;
Running thence along said line the following three courses and
distances:
1) North 440 56' 00"
2) North 370 07' 50"
3) North 300 06' 10"
BEGINNING.
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60.00 feet to
the point of place of
LEGAL NOTICE
Notice of Public Hearing
NOTICE IS HEREBY
GIVEN that pursuant to Section
276 of the Thwn Law, a public
hearing will be held by the
Southold Thwn Planning Board,
at the Thwn Hall, Main Road,
Southold, New York in said
Town on the 20th day of
November, 1989 on the question
of the following:
7:30 p.m. Final approval of
the major subdivision of DBM
Affordable Housing, located at
the Town of Southold, County
of Suffolk and the State of New
York. Suffolk County lax Map
Number 1000-55-6-15.1.
The property is bordered on
the north by land now or
formerly of Donald Ththil, by
land now or formerly of Yenne-
cot! Park; on the east by land
now or formerly of Richard &
Laureen Wheeler, by land now
or formerly' of Francis &
Patricia O'Malley, by land now
or formerly of Edwin Mooney;
on tire south by land now or
formerly of Peter Meyer, Jr., by
land now or formedy of Carl &
Anthony Cadan & another, by
land now or formerly of Walter
& Susan Stype, by land now or
formerly of Rishad & Judith
Owadally; on the west by land
now or formerly of Margaret
Krukowski, by land now or
formerly of William Moffet, Jr.,
by land now or formerly of
John & Henry Smicik, by land
now or formerly of Robert Thp-
lin, by land now or formerly of
Chester Finne, by. land now or
formerly of Robert Goldsmith,
by land now or formerly of
Mary Wheeler.
7:45 p.m. Final approval of
the minor subdivision of Too
Bee Realty, located at the Town
of Southold, CO!lllty of Suffolk
and the State o~ New York. Suf-
folk County.lax Map Number
1000-50-6-5.
The Property is bordered on
the north by Lighthouse Road;
on the east by land now or
formerly of A. McGunnigle; on
,the South by land now or
formerly of A. Sepenoski; on
the west by land now or former-
ly of Hanauer & Bagley.
7:50 p.m. Final approval of
the major subdivision of Thorn-
ton Smith, located at the Town
of Southold, County of Suffolk
and the State of New York. Suf-
folk County lax Map Number
looo-I21-I-lp/oI9.
The Property is bordered on
the north by land now or
formerly of H. Checkla & Sch!-
man, by land now or formerly
of Minas & Vassiliki Mihaltses,
by land now or formerly of
Catherine Sinticich, by land now
or formerly of James & Florence
Gebbia; on the east by land now
or formerly of Franklin G. &
Arline Boeckman, by land now
or formerly of Joseph & Lee
Pufahl, by land now or former-
1y of Louis & Moureen Buona-
guro; on the South by Sound
Avenue; on the west by Bergen
Avenue.
7:55 p.m. Final approval of
the major subdivision of High-
point at East Marion, Section
Three, Inc., located at the Town
of Southold, County of Suffolk
and the State of New York. Suf-
folk County lax Map Number
1000-31-3-11.25.
The property is bordered on
the north by land now or
formerly of the subdivision of
Highpoint at East Marion, Sec-
tion II; on the east by land now
or formerly of Steven & Despina
Moraitis; on the south by Main
Road (Rt 25), by land now or
formerly of East Marion Fire
District; on the west by land
now or formerly of George &
Geatrakis Kortsolakis.
8:00 p.m. Final approval of
the minor subdivision of Alan
Cardinale at James Creek,
located at the Town of
Southold, County of Suffolk
and the State of New York. Suf-
folk County lax Map Number
1000-122-3-1.1.
The property is bordered on
the north by land' now or
formerly of James C. Gray, Sr.
& Peter S. Gray, by land now or
formerly of Devaaka Realty Co.
Ine.; on the east by land now or
formerly of Lo\lise S. Ehlers &
Louise Stacey 8i Other, by Arm
of James Creek; on the south by
Canal Known as James Creek,
on the west by land now or
formerly of John W. Boutcher
& Alice Panteleo, by land now
or formerly of Alfred Steiner &
Christina E. Steiner, by land
now or formerly of Frank
Milowski, by land now or
formerly of Zozislaw Mikoloj-
czyk & Stefanie Mikolojczyk, by
land now or formerly of Roy A.
Schelin, by land now or former-
ly of Paul Lucas, by land now
:_,' or formerly of Paul & Helen
P: Lucas, by land now or formerly
of Leonard J. Llewellyn & Mar-
jory'E. Llewellyn, by Main Road
(RT 25).
8:05 p.m. Public hearing on
the Draft Environmental Impact
) Statement with respect to the
Hamlet at Cutchogue, located at
the Thwn of Southold, County
of Suffolk and the State of New
, York. Suffolk County lax Map
Number 1000-102-1-33.3.
SEQR lead agency is the
Southold Thwn Plarnting Board.
Copies of the Environmental
Impact Statement are on file at
the office of the Planning
Board, Town Hall, Main Road,
Southold, and may be reviewed
during regular business hours.
8:10 p.m. Final approval of
the minor subdivision of James
Cohill, located at the Thwn of
Southold, County of Suffolk
and the State of New York. Suf-
folk County lax Map Number
1000-107-1-2.
The property is bordered on
the north by Mill Road; on the
east by Grand Avenue; on the
south by Grand Avenue, by land
now or formerly of Eugene O.
Graf, by land now or formerly
of Henry J. Paulak, Jr., by land
now or formerly of Smith G.
Pearsall; on the west by land
now or formerly of Elizabeth V.
Fox.
Any person desiring to be
heard on the above matters
should appear at the time and
place specified.
Dated: October 17, 1989
BY ORDER OF
THE SOUTHOLD TOWN
PLANNING BOARD
BENNETT ORWWSKI, JR.
CHAIRMAN
____ ,_-''':_'0/26/89 (6)
COUNTY OF SUFFOLK
STATE OF NEW YORK
55:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at South old, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has heen published in said Long Island Traveler-Watchman
once each week for. . . . . . . . . . . . . . . . . . . . . . ./ . .. weeks
successively, commencing on the. . . . . .
::;t .r
f -, -
day of. . ...,..G .e-7!-c,l..,.c...., ]9 .I/'.. ( "
/. pC ~, .'
i \C' . --,_.- L . . :>-..'/
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'-- . . . . . ' . . .;> . . . . . . . . . . .. ',' l,. . t. . . .'<. . . . . . . .
-- -.-----
Sworn to before me this. . .
- "
,~(
day of
. .. . . . . . (cc:z::-;c." . .
6/
,19.....
. . . . ./i1.h~~.0r:.~.~~-y. . . .
Notary Public
Cr\RBARA A. SCHNEIDER
NOTI,RY PU8L1C, State of New York
no. 4806846
Qu>ilhed in S"tloik Co~~ /..
CDi~lrr!lsslon EX\Jires .F/:3 //9..J
STATE OF NEW YORK)
)ss:
COUNTY OF SUFFOLK)
P~tr; r; ~ Hp~npy of Mallituck, in
said County, being duly sworn, says that he/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Maltituck, In the Town of Southold, County of
Suffolk and State of New York, and that the Notice of which
the annexed Is a printed copy, has been regularly published in
said Newspaper once each week for ~ weeks
successively, commencing on the 1 9 t h day 0 f
October 19~
i '
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~ a/1Ju('Ll(; ;r< U1/1f II
//
Principal Clerk ' /
C
Sworn to before me this 17
day of ()/^ ,I- 19~,
pO/J ,/\J "
A tZZtY~ ,/-<<)-1 tJr---..
,xl/to
Notice or Pub'lk AH:arlng
NOTICE IS HEREBY GIVEN
that. pursuant to Section 276 of the
Town Law, a public hearing will be
held by the Soothold Town Plannin
Board, at the Town Hall, Mai~
Road, Southold, New York in said
Town on the 16th day of October,
,1989 on the question of the follow-
mg:
? :30 p.m. Final approval of the
major subdivision of DBM Afford.
able Housing,located at the Town of
Southold, Counly of Soffolk and the
Slate of New York. Suffolk COl.lnty
Tax Map Number 1000-55-6-15_1.
The property is bordered on the
north by land now or formerly of
Donald Tuthill, by land now or for-
merly of Yennecoll Park; on the
e~st by land now or formerly of
Richard &. Laureen Wheeler by
land now or fonnerly of Francts &.
Patricia O'Malley, by land now or
fonnedy of Edwin Mooney; on the
south by land now or formerly of
Peter Meyer, Jr., by land now or
formerly of Carl &. Anthony Codan
&. another, by land now or fonnerly
of Walter &. Susan Stype, by land
now or formerly of Rishad & Judith
Owadally; on the west by land now
or !onnerly of Margaret Krukows-
ki, ~y land now or formerly of
William Moffet, Jr., by land now or
fo~erJy of John &. Henry Sim.
chiCk, by land now or fonnerly of
Robert Taplin, by land now or for-
merly of CheSler Finne, by land
no~ or fonnerly of Robert Gold.
smith, by land now or fonnerly of
Mary Wheeler.
.7:45 p.m. Final approval of the
mmor subdivision of Too Bee Real-
ty, located at the Town of SouthoId.
Counly of Suffolk and the Slate of
New York. Suffolk County Tax Ma
Number 1000-50-6-5. P
The property is bordered on lhe
north by Lighthouse Road; on the
east by l~ now or fonnerly of A.
McGunmgle; on the south by land
now or formerly of A. Sepcnoski; 0:,
the west by land now or [oonerly of
Hanauer &. Bagley.
~:50 p.m. Final approval of the
ma~or subdivision of Thornton
Smith, located at the Town of
Soolhold, Counly of Sofrolk and the
Stale of New York. Suffolk County
Tax Map Number 1000-121_1_
Ip/oI9.
The propeny is bordered on the
north by land now or formerly of H
Checkla & Schulman, by land no~
or, formerly of Minas & Vassiliki
Milialtses, by land now or fonnerly
of Catherine Simicich, by land now
or fo~erly of James & Florence
Gebbia; on the east by land now or
~ormerIY of Franklin G. & Adine
oeckman, by land now or formerly
of Joseph & Lee Pufahl, by land
now or formerly of Louis & Mau-
reen Buonaguro; on the south by
Sound Avenue; on the west by
Bergen Avenue.
?:55 p.m. Final approval of the
major subdivision of Highpoint at
East Marion, Section Three, loe. lo-
cated at tbe Town of South~ld
County of Suffolk and the Slate of
October 19, 1989 . The Suffolk", lies A33
New Yorlc Suffolk County Tax Map
Number 1000-31-3-11.25.
The property lS bordered on the
north by land now or formerly of the
subdivision of Highpoint at East
Marion, Section II; on the east by
land now or formerly of Steven &
Despina Moraitis; on the south by
Main Road (Rt. 25), by land now or
formerly of East Marion Fire Dis.
tricl; on the west by land now or for-
merly of George & Geatrakis Kart-
sotakis.
8:00 p.m. Final approval of the
minor subdivision of Alan Cardinale
at James Creek, located at the Town
of Soulhold, County of Soffolk and
the State of New York. Suffolk
County Tax Map Number 1000-122-
3-1.1.
The propeny is bordered on the
north by land now or formerly of
James C. Gray, Sr. & Peter S. Gray,
by land now or formerly of Dcvaaka
Realty Co. Inc.; on the east by land
now or fonnerly of Louise S. Ehlen
& Louise Stacey &. Other, by Ann
of James Creek; on the sOUlh by
Canal Known as James Creek, on
the west by land now or formerly of
JoIm W. Boutcher & Alice Pantaleo,
by land now or foonerly of Alfred
Steiner & Christina E. Steiner, by
land now or formerly of Frank
Milowski, by land now or fonnerly
of Zorislaw Mikolajczyk & Slcfanie
Mikolojczk, by land now ()(" fonner-
ly of Roy A. Schelin, by land now pr
fonnerly of Paul Lucas, by land now
or Connedy of Paul & Helen Lucas,
by land now or fonnerly of Leonard
J. Llcwellyn & Marjory E.
Uewellyn, by Main Road (RL 25).
8:05 p.m. Public hearing on the
Draft Environmental Impact State-
ment with respect to the Hamlet at
Cutchogue, located at the Town of
Southold, County of Suffolk and the
Slate of New York. Sufiolk County
Tax Map Number lOOQ.-I02-1-33.3.
SEQR lead agency is tbe
Southold Town Planning Board.
Copies of the Enviroomental Impact
Statement are on fLle at the office of
the Planning Board, Town Hall,
Main Road, Southold, and may be
reviewed during regular business
houn.
8:10 p.m. Final approval of the
minor subdivision of Jamcs Cohill,
located at the Town of Southold,
County of Suffolk and the State of
New York. Suffolk County Tax Map
Number 1000-100-1-2.
The property is bordered on the
north by Mill Road; on the east by
Grand Avenue; on the south by
Grand Avenue, by land now or for-
merly of Eugene O. Graf, by land
now or fonnerly of Henry 1. Paulak.,
Jr., by land now or formerly of
Smith G. Pearsall; on the west by
land now or fonnerly of FJizabeth V.
Fox.
Any penon desiring to be heard
on the above matten should appear
at the time and place specified.
Daled: October 17, 1989
. BY ORDER OF
THE SOUTHOLD TOWN
PLANNING BOARD
BENNET[ ORLOWSKI, JR.
CHAIRMAN
6461-ITOI9
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DEPARTMENT BI LLING'COPY
ITEM QUANTITY DESCRIPTION UNIT COST TOTAL
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by vendor to Accounting for processing
THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE DEPT. HEAD ANOTliE SUPERVISOR
DEPARTMENT'S CERTIFICATION OF ,GOODS OR
SERVICES
I certify that the goods or services were received by this
Department and all exceptions duly noted.
I, CERTIFY THIS TO BE A JUST'
ANDr:~\J CHASE ORDER
Signed
Title
Date
Department
Billing cppy
COMI1'~JSI
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SOUlHOlO lOARDWN
PlANNING BO
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~-t"'h::,ld '!01.~t1 1?1c.n.nlt~::J
P.O.3c-x 1170
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Re:
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SCTI~ No. lOOO-li2~3-.4:
S.B. Fll~ No..87$~.~.
...."" ~~.:ae~it:.;"':;';;.~>l.<l ~\,'.'" ":.be CO$t ,~::;f~ tz\'tie\4i_:';g
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Sidney B. Bowne, P.E., loS.
(1922-1959)
Chester C. Kelsey, P.E., loS.
Robert A. Stanton, P.E.
Robert W. Brown, loS.
Zabdiel A. Blackman. P.E., loS.
Frank J. Antetomaso, P.E.
SIDN~ B. BOWNE & 5
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45 Manor Road
Smithtown, N.Y. 11787
(516) 724-0611
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SOUHlnUJ T(Y'-'\:
PL,f;;-.i':' . ...
Roland Anders
rancis J. Lynch
Phillip Schlotzhauer
Joseph F. Stegman
William T. Styne
Richard B. Weber
George A. Style, P.E,
Jerry D. Almont, P.E.
George lo Fagan, Jr., Ph. D., P.E.
Frank Capobianco. C.E.
Paul F. Stevens, P.E.
Roger lo Cocchi, P.E.
December 11, 1989
Thomas A. Pynchon, loS.
Mr. Bennett Orlowski, Jr., Chairman
Plannin9 Board
Town of Southold
53095 Main Road
Southold, New York 11971
RE: CARDINALE SUBDIVISION AT MATTITUCK - S.C.T.M. NO. 1000-122-3-4
SBB NO. 87528
Dear Mr. Orlowski:
Enclosed please find a Bond estimate for the above-referenced
subdivision.
We have reviewed the Plan and Profile and
acceptable with the addition of a note providing
seeding within the 7 foot shoulders along the roadway.
If you have any questions regarding the above, please contact this
office.
find it to
for topsoi 1
be
and
Very truly yours,
SIDNEY B. BOWNE & SON
CONSULTING ENGINEERS
cJM1~~
VINCENT MARICONDA
VM:enr
Encl.
MINEOLA . SMITHTOWN . NEW YORK CITY . CLEARWATER
An Equal Opportunity Employer M/FIH
. SIDNEY B. BOWNE & SON
.
.
December 11, 1989
BOND ESTIMATE
FOR
CARDINALE SUBDIVISION AT MATTITUCK
TOWN OF SOUTHOlD, SUFFOLK COUNTY, NEW YORK
ITEM NO.. . QUANTITY DESCRIPTION UNIT PRICE AMOUNT
1 .70 acre Clearing and Grubbing $2500.00 $1,750.00
2 750 c.y. Unclassified Excavation 6.00 4,500.00
. 3 250 c.y. Roadway Fill 8.00 2,000.00
4 90 1. f. Saw Cut 3.00 270.00
5 2,500 s.y. Fine Grading 1.50 3,750.00
6 40 1. f . Furnish and lay 18" CMP 30.00 1,200.00
7 44 v. f. Furnish and Install leaching
Basins - 10' Diameter 250.00 11,000.00
8 120 1. f. Concrete Curb 10.00 1,200.00
9 180 c.y. Dense Graded Aggregate Base
Course - 4" thick 40.00 7,200.00
10 220 Tons Bituminous Pavement
Binder Course-2 1/2" thick 60.00 13,200.00
11 135 Tons Bituminous Pavement
Wearing Course-1 1/2" thick 60.00 8,100.00
12 1,000 s.y Topsoil and Seed 5.00 5,000.00
13 1 ea. Street light. . 1,500.00 1,500.00
14 600 1. f. Direct Burial Cab le 2.00 1,200.00
15 30 ea. Street Trees 200.00 6,000.00
16 1 Firewell 10000.00 10,000.00
rz JOB Maintenance & Protection of
Traffic l.S. 1,000.00
SUB-TOTAL: $78, 870~;00
6% INSPECTION FEE: 4,732.20
TOTAL: $83,602.20
V.M.
SBB NO.87528
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
TELEPHONE
(516) 765.1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
TO: Frank Kujawski, Chairman
Southold Town Board of Trustees
FROM: Bennett Orlowski, Jr., Chairman ~7
Southold Town Planning Board
DATE: October 19, 1989
RE: Alan Cardinale/James Creek
SCTMi 1000-122-3-1.1
James Creek, Mattituck, N.Y.
The Planning Board has received notification that the above
mentioned application will be on your meeting tonight to review
a propsal for a waiver.
Please note that the Planning Board is reviewing a subdivision
proposal for four (4) lots for this property. A map of this
proposal is attached for your review.
Please review the wetlands line and notify the Planning Board in
writing as to whether or not you concur with the location of the
line.
Thank you in advance for your assistance.
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516-298-4223
ALAN A. CARDINALE
REAL ESTATE p~;.N;~~E7N7T & INVESTMENT 0lJLJ !? n;'''' .,-;_~.
MATTITUCK, SHOPPING CENTER el,,"~: ,...~"._,,-~.)t,:
MATTITUCK, L.I.. N.Y. 11952 iOiL 1Jf'T .
'w",; VI I 9 :989
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October 19, ~989 a~:.TtrT';JC:,
Southo1d Planning Department
Main Road
Southo1d, NY 11971
Re: James Creek
Road Profile
Dear Me1isa & Jill:
Enclosed please find revised (4) road profiles surveys
as requested. If the road profiles are acceptable, I will
pick up the sub-division surveys prepared by Young & Young
and have them corrected. Thank you again for you help and
cooperation.
Very truly yours,
~
Alan A. Cardinale Jr.
1 Qf ~'?, S?O\(e. -to Ale>N - tY\"~,, a<e. O. Ie.
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516-298-4223
ALAN A. CARDINALE
REAL ESTATE p~~.N~~~E7N/ & INVESTMENT I~""'__
MA TTITUCK, SHOPPING CENTER 1,'/ i --",-,.c'_..'__Cf,. i.~
MATTITUCK, L.I" N.Y, 11952 fl!!i fJIYr .. .
I i.J,J ON" 8/989
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October 19, 1989' '-"-
Southold Planning Department
Main Road
Southold, NY 11971
Re: James Creek
Road Profile
Dear Melisa & Jill:
Enclosed please find revised (4) road profiles surveys
as requested. If the road profiles are acceptable, I will
pick up the sub-division surveys prepared by Young & Young
and have them corrected. Thank you again for you help and
cooperation.
Very truly yours,
~
Alan A. Cardinale Jr.
TELEPHONE
(516) 765-1938
.
Town HaIL 53095 Main Road
P.O. Box 1179
Southold. New York 11971
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 20, 1989
Alan A. Cardinale
P.o. Box 77
Mattituck Shopping Center
Mattituck, NY 11952
RE: Alan Cardinale - James Creek
SCTM #1000-122-3-1.1
Dear Mr. Cardinale:
The following actions were taken by the Southold Town
Planning Board on Monday, October 16, 1989.
RESOLVED that the Southo1d Town Planning Board grant sketch
approval on the maps dated February 22, 1989 subject to the
following conditions:
1.
Lot number 1 is to be redesigned as a flag lot with
access from the cul-de-sac. This must be shown od both
the road profile and the subdivision map.
2. The subdivision map must show the location of the
cul-de-sac.
3. The acreage for both upland and wetland areas must be
shown for each lot.
RESOLVED that the Southold Town Planning Board set Monday,
November 20, 1989 at 8:00 p.m. for a public hearing on the final
map.
Please note that the final hearing will not be held unless
revised maps, in accordance with the above conditions, are
submitted prior to the date of the hearing.
The Planning Board requests the following additions and
deletions pertaining to the Declaration of Covenants and
Restrictions.
1. The sentence contained in Number 2 should be revised
.
.
so as to delete the underlined section of the
following: "... so as to provide at least two
separate and distinct building lots, each located
fully within its respective Zoning Use District." 'The
sentence should read: "...so as to provide two
separate and distinct building lots, each located
fully within its respective Zoning Use District."
2. There shall be no further subdivisions of Lots
Numbered 1, 2 and 3 in perpetuity.
3. The following terms and conditions shall apply to all
land lying within the 75 foot setback from the
wetlands:
No structure or building shall be placed within the
setback area. The terms "structure" and "building"
shall be interpreted as including swimming pools,
patios, storage buildings, structures for the housing
of domesticated animals, boat or other trailers,
recreational vehicles, retaining walls and bulkheads.
The buffer area shall remain in its natural state. It
is not to be cleared of the indigenous vegetation of
the area. Nor shall it be mowed and planted to grass.
The buffer area shall not be filled with either soil,
sand, or other debris, including brush.
The buffer area may be traversed by a walkway, whether
elevated or on the ground, provided proper wetland
permits can be obtained from the applicable agencies,
which may include the Board of Trustees and the New
York State Department of Environmental Conservation.
Any disturbance to the land within the easement shall
be redressed by the restorations of said land to its
prior natural state.
Please submit draft Declaration of Covenants and
Restrictions for the Board's review prior to the date of the
public hearing.
If you have any questions, please do not hesitate to
contact this office.
BENNETT ORLOWSKI, JR.
CHAIRMAN
jt
.
.
Town HalL 53095 Main Road
P.O. Box 1179
Southold. New York 11971
TELEPHONE
(S 16) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
TO: Frank Kujawski, Chairman
Southold Town Board of Trustees
FROM: Bennett Orlowski, Jr., Chairman ~5
Southold Town Planning Board
DATE: October 19, 1989
RE: Alan Cardinale/James Creek
SCTMi 1000-122-3-1.1
James Creek, Mattituck, N.Y.
The Planning Board has received notification that the above
mentioned application will be on your meeting tonight to review
a propsal for a waiver.
Please note that the Planning Board is reviewing a subdivision
proposal for four (4) lots for this property. A map of this
proposal is attached for your review.
Please review the wetlands line and notify the Planning Board in
writing as to whether or not you concur with the location of the
line.
Thank you in advance for your assistance.
.
.
Town HaIL 53095 Main Road
P.O. Box I] 79
Southold. New York 11971
TELEPHONE
(516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
, 1989
Robert W. Brown
Sidney B. Bowne & Son
45 Manor Road
Smithtown, New York 11787
Dear Mr. Brown
The Southold Town Planning Board hereby refers the
following application to your office for review.
Application Name: AI",,, c..rA,,,..\e I ~Qrl\t50 Cr.. I.-
Tax Map No.: I
\000 - '7.:2.' ~ - L./
Bowne File No.:
Hamlet Location: M.. f+;fvch:;
-::ype of Application:
Sketch Subdivision Map (Dated / / 89)
preliminar Subdivision (Dated / / 89)
Final Subdivision Ma ( Dated / ;;2-:J./ 89)
'X Road Profiles (Dated 'B / / 89)
Gradinq and Drainaqe Plans (Dated / / 89)
Other (Dated / / 89)
Sketch Site Plan (Dated / / 89)
Preliminary Site Plan (Dated / / 89)
Gradinq and Drainaqe Plans (Dated / / 89)
Other (Dated / / 89)
,
.
Please develop an estimate of what it will cost to
undertake the following r~w of the enclosed plan (s):
O~".!I ALAXu.!- ~ Au~ ,...~ " cd! .;, ..<11 f'YI1iM .
~1:1;t~~V~~ :-' r:-:~~'~ AkuJ {P--g (J t9
Enter the cost estimate on the enclosed reply sheet, then
send its facsimile to this office.
If the Planning
review, it will send
the work to be done.
through the mail.
Board wishes you to proceed with the
a facsimile of a purchase order authorizing
The actual purchase order will be sent
If there are any questions, please contact Planning Staff.
,
Very Truly Yours,
Be=~:.~~t
Chairman
cc: John Cushman, Accounting Department
i
.
.
516-298-4223
ALAN A. CARDINALE
REAL ESTATE MANGEMENT & INVESTMENT
P.O. BOX 77
MATTITUCK, SHOPPING CENTER
MATTITUCK, L.I.. N.Y. 11952
ocr " 1989
L.
October 11, 1989
Southold Town Planning
Main Road
Southold, NY 11971
Dear Melisa:
Enclosed please find undated surveys from the Health
Department and revised road profiles. Please call if any
further information is required. Thank you in advance for
your continued cooperation.
Very truly yours,
--4 Ale A,t.. ;./- J:..
Alan A. Cardinale
/000 -IZ2 -03- t. I
J'AME: S C.R.EE I<..
MAIN ~'b - MA1t"ITlJ<."
.
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J F lFPIIOSE
(516' 765-1892
FRANK A. KUJAWSKI, JR., President
ALBERT J. KRUPSKI, JR., Vice-President
JOHN M. BREDEMEYER, !II
JOHN L. BEDNOSKI, JR.
HENRY P. SMITH
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BOARD OF TOWN TRlISTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
South old, New York Ilnl
September 28, 1989
Mr. John HOlzapfel, Chairman
Southold Town Conservation Advisory Council
Southold Town Hall
Main Road
Southold, New York 11971
Dear Mr. Holzapfel:
Transmitted herewith is a waiver request submitted by Alan A.
Cardinale. Please prepare a written report of findings and
recommendations with respect to this application.
Very truly yours,
~./~A c/~.<'~): .;,,/
(/ -}.;d '.
Frank A. Kujawski, '-jr.
President
Board of Town Trustees
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ALAN A. CARDINALE
REAL ESTATE MANGEMENT & INVESTMENT
P.O. BOX 77
MATTITUCK, SHOPPING CENTER
MATTITUCK, L.I.. N.Y. 11952
.
September 27, 1989
516-298-4223
Town Hall, 53095 Main Road
P.O. Box 1179
Soulhold, New York 11971
TELEPHONE
(516) 765.1938
-' .
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
September 22, 1989
Alan A. Cardinale, Jr.
P.O. Box 77
Mattituck, New York 11952
Re: Proposed subdivision:
James Creek Property
SCTM ~ 1000-122-3-1.1
Dear Mr. Cardinale, Jr.,
As per your last meeting with Valerie Scopaz, Town Planner,
the Planning Board reviewed the proposed location of the access
to the residential portion of this subdivision.
Its position is that the residential portion of the
property should be accessible by a separate right of way that
would run along the westerly border of the property. When you
chose to come in with the actual site plan application for the
business portion of the property, the Board will review a
separate access to the business property. The Board will not
entertain a joint business, private residential accessway.
Please indicate in writing how you wish to proceed. At your
meeting with the Town Planner, you asked that the review of the
road profiles be suspended temporarily until this latest option
was explored. If you elect for the Board to continue i.ts review
of the road profiles, please be aware that the profile does not
comply with the Board's April 18, 1989 request that the
cul-de-sac be placed between lots 2 and 3.
If there are further questions, please contact Valerie
Scopaz.
.
.
VALERIE SCOP AZ
TOWN PLANNER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
MEMORANDUM
TO:
Planning Board
FROM:
Valerie Scopaz, Town Planner
DATE:
September 1, 1989
RE:
Proposed Site Plan for Alan Cardinale Property:
Sls Route 25, MAttituck.
At the August 30th work session, it was decided that the
applicant was to be told that the Board would not entertain a
split zoned parcel. Also, it was determined that the buffer
between a business zone and a residential zone should be on the
business property, not the residential property.
The issue of the location of the entrance was not addressed
fully, partly because the main focus of Alan's meeting seemed to
be on the issue of the zoning line. A subsequent review of the
May 15, 1989 meeting minutes indicated that the Board had asked
the applicant to submit a composite plan Showing the location of
the business entrance relative to the residential entrance. At
that meeting, the applicant felt that the entrance to the entire
complex should be from a road in the center of the lot
frontage. And the Planning Board felt that the entrance to the
entire complex should be from the eastern border of the property.
The issue of split zoning aside, the location of the road
is a significant decision that will have an affect on traffic
flow on Route 25 in Mattituck. Sine the issue of the road
location is so critical, I would like Planning Board permission
to contact Vito Lena, Permit Engineer for the N.Y.S. Department
of Transportation for information on the best location for the
curb cut for this property.
cc: Jean Cochran, Chairman, Highway Committee
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1938
.
PLANNING' BOARD OFFICE
TOWN OF SOUTHOLD
. April 18, 1989
Alan A. Cardinale, Jr.
P.O. Box 77
Mattituck, NY 11952
RE: Proposed Subdivison for
Alan A. Cardinale
James Creek Property
SCTM *1000-122-3-1.1
Dear Mr. Cardinale:
The following took place at by the Southold Town Planning
Board meeting on Monday, April 17, 1989.
The Planning Board requested that revised maps be submitted
showing the cul-de-sac with a minimum radius of fifty (50) feet
placed between Lots 2 &3, and that a flag lot be created for
access to Lot 1.
A letter describing the above was sent to you under
seperate cover on April 7, 1989.
Upon receipt of eight (8) copies of the revised map', the
Planning Board will continue its review.
,;:~:;r trul_~/o/~~'/.<:1 1//
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CHAIRMAN
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TELEPHONE
(516) 765-1938
.
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 7, 1989
Alan A. Cardinale Jr.
P.O. Box 77
Mattituck, New York 11952
RE: Proposed Subdivision for
Alan A. Cardinale
James Creek Property
SCTMi 1000-122-3-1.1
Dear Mr. Cardinale:
The Planning Board reviewed the maps you submitted on
March 10, 1989.
Road profiles must be submitted for review by the Town
Engineer. Road specifications must be in accordance with the
alternate road specifications (Section A10G-33C). The road must
also terminate in a cul-de-sac. This cul-de-sac must have a
minimum right~of-way radius of fifty (SOl feet. The Board has
reviewed the location of the cul-de-sac and recommends that it
be placed between Lots 2 & 3, and that a flag lot be created for
access to Lot 1.
Please note that as stated in the draft Declaration of
Covenants and Restrictions, the area in the Business zone must
be set off from the area in the Residential zone to create two
distinct building lots.
The Board will revi.ew the maps and make a determination on
sketch approval at the April 17, 1989 Planning Board meeting.
Please submit road profiles as stated above for review by
the Planning Board.
BENNETT ORLOWSKI,
CHAIRMAN
i
.
.
516-298-4223
ALAN A. CARDINALE
,
II~.D ~ @&f;/(r;
'Ir r ---.,;
UlL"~ 10/989
REAL ESTATE MANGEMENT & INVESTMENT
P.O. BOX 77
MATTITUCK, SHOPPING CENTER
MATTITUCK, L.I.. N.Y. 11'952
SOUTHOLD TOWN
PLANNING BOARD
....
March 10, 1989
Southold Planning Department
Main Road
Southold, NY 11971
Re: James Creek Property
Dear Melisa:
Pursuant to our telephone conversation, and your
request, I am forwarding herewith the mylars and plats
required to obtain final approval of the above caption
subdivision. Your courtesy in arranging the soonest
possible public hearing date for stamped approval is
greatly appreciated. Thanking you for your continued
courtesies, I remain.
Very truly yours,
#%~.z:
Alan A. Cardinale Jr.
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SOUTHOLO TOWN
PLANNING BOARD
\ Cardinale & Cardinale
?fllorney" al Eaw
'YMi" 7. Cardinale
c5u.ran..li. Guy/ina/e
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.lLain !Road
7'. Q 210x 7V
Yome.porI, X.", Yor.+ //947
(.1/6) 722-4744
Attn:
Melissa
January 19, 1989
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Mr. Bennett Orlowski, Chairman
Southold Town Planning Board
Main Road
Southold, NY 11971
Re: Minor SUbdivision, Main Rd., ~attituck
Alan A. Cardinale
Dear Mr. Orlowski
Subsequent to our December 2, 1988 Planning Board meeting/conference
re the above, 1 spoke at some length to Town Attorney, Jay Schondebare.
Please let this confirm that it is our joint and concurring legal opinion
that the Town Board stamping of its approval on the four lot minor
subdivision as approved by the Suffolk County Health Department and
submitted to you with a further covenant in the applicant that he will
then seek a subsequent minor subdivision of the 6.2 acre parcel designated
Lot #4 at the zoning district line, presents no legal problem with the
Health Department or otherwise.
This second application would be a minor subdivision application and
it would, of course, require the usual Town and Health Department
approvals. The past problem that the Planning Board alluded to involved
"set-offs" of parcels in which the applicant was not required by the Town
to obtain Health Department approval. At ~r. Schondebare's suggestion we
have clarified the language of the Covenant to make clear that the second
subdivision application vill not be a "set-off" but a two-lot minor
subdivision of an existing 6.2 acre parcel.
1 enclose a copy of an executed Covenant which will be filed
simultaneously with the filing of the stamped and approved minor
subdivision map as submitted to you and I ask that you authorize the
stampinJ the final approval of such map at your next meeting.
.
Thank you for your cooperation and attention to this matter.
Sincerely
'.
PJC/CiDg
enc.
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DECLARATIO~ OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made this
day of January, 1989 by Alan A.
Cardinale, residing at Main Road, Mattituc~, New York, hereinafter
referred to as the Declarant, who, as the owner of premises described in
"Schedule A" annexed hereto desires to restrict the use and enjoyment of
said Premises, and has for such purposes determined to impose on said
Premises covenants and restrictions and does hereby declare that said
Premises shall be held subject to the followinq covenants and
restrictions.
,'. '.
1. Declarant has made application to the Town of Southold Planning
Board for approval of a subdivision wherein Premises at "Schedule A" would
be designated Lot #4.
2. As a condition for approval, acceptance and filing by the Town of
Southold Planning Board of such subdivision, the Declarant agrees that
upon acceptance and filing of such ~inor subdivision of Tax Lot
1000-122-03-1.1 (in Which "Schedule A" premises is designated Lot #4)
Declarant shall promptly make applicat~?n for a subdivision of that
portion of "Schedule A" Premises lying in the B (Business) Zoning Use
District from that portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning use District so as to provide at least two separate
and distinct building lots, each located fully within its respective
Zoning Use District.
~
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I. DINALE.
STATE OF NEW YORK: COUNTY OF SUFFOLK
On the :~.Pt1ay of January, 1989, before me personally came Alan A.
Cardinale to me known to be the individual described in and who executed
.
the foregoing ins tr'lment, and ackn:>'..rledgech.that he executed the same.
{lj'fJA..o1 ~ ~
Not3.ry p\u~{tt
'.
CAROL GUYTOH
NOTARV PU8UC. S_of N_YOIk
No. &2-4812588. s~~(/
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description of Lot 4 as shown on a map entitled, "Minor
Subdivision Plan prepared for Mohring Enterprises, Inc." at Mattituck,
Town of Southold, Suffolk County, New York:
Beginning at a point formed by the intersection of the easterly line
of Main Road (N.Y.S. Rte. 25) with the southerly line of land of Peteco
Realty Co., which point is the following courses and distances as measured
along the easterly line of said Main Road from the southerly line of New
Suffolk Avenue:
(1) South 220 18' 40" West 180.48 feet,
(2) South 300 06' 10" West 100.00 feet; and
running thence from said point of beginning easterly and northerly along
the land of Peteco Realty Co. the fOllowing courses and distances:
(1) South 830 11' 50" East 313.77 feet,
(2) North 300 06' 10" East 100.00 feet to the land of Tom's
Dream, Inc.;
thence South 830 11' 50" East along the lands of Tom's Dream, Inc. and
of Glenn G. & Louise B. Munn 224.41 feet;
thence South 10 04' 40" West continuing along the land of Glenn G. &
Louise B. Munn 362.00 feet;
thence westerly and southerly through the land of Mohring Enterprises,
Inc. the following courses and distances:
(1) North 880 55' 20" West 2~7.64 feet,
(2) South 320 08' 20" West 215.77 feet to the land of Paul Lucas;
thence North 570 51' 40" West along the land of Paul Lucas, a right of
way, of Paul and Helen Lucas and of Walter Grabie, Inc. 493.41 feet to a point
in the easterly line of said Main Road;
thence northerly along the easterly line of said Main Road the following
courses and distances:
(1) North 440 56'
(2) North 370 07'
(3) North 300 06-'
00" East
50" East
10" East
170.00 feet,
103.23 feet,
60.00 feet to the point or place of
beginning.
'.
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Card/nale & Carrhnale
?ll/orneys al Baw
'Phi/ip :J. Garvh'na/e
Ousan .,/t. Gard/nak
.Jtain 9?oad
:P. 0. 2Jox 7eJ
JlameJporl, Xew Yor~ 1/947
Carol guy/on, Office Aanager
(516) 722-4744
January 19, 1989
~r. Bennett Orlowski, Chairman
Southold Town Planning Board
Main Road
Southold, NY 11971
Attn: Melissa
Re: Minor Subdivision, Main Rd., Mattituck
Alan A. Cardinale
Dear Mr. Orlowski
Subsequent to our December 2, 1988 Planning Board meeting/conference
re the above, I spoke at some length to Town Attorney, Jay Schondebare.
Please let this confirm that it is our joint and concurring legal opinion
that the Town Board stamping of its approval on the four lot minor
subdivision as approved by the Suffolk County Health Department and
submitted to you with a further covenant in the applicant that he will
then seek a subsequent minor subdivision of the 6.2 acre parcel designated
Lot #4 at the zoning district line, presents no legal problem with the
Health Department or otherwise.
This second application would be a minor subdivision application and
it would, of course, require the usual Town and Health Department
approvals. The past problem that the Planning Board alluded to involved
"set-offs" of parcels in which the applicant was not required by the Town
to obtain Health Department approval. At Mr. Schondebare's suggestion we
have clarified the language of the Covenant to make clear that the second
subdivision application will not be a "set-off" but a two-lot minor
subdivision of an existing 6.2 acre parcel.
I enclose a copy of an executed Covenant which will be filed
simultaneously with the filing of the stamped and approved minor
subdivision map as submitted to you and I ask that you authorize the
stamping the final approval of such map at your next meeting.
Thank you for your cooperation and attention to this matter.
Sincerely
PJC/cmg
enc.
I
~
,
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made this
day of January, 1989 by Alan A.
Cardinale, residing at Main Road, Mattitucx, New York, hereinafter
referred to as the Declarant, who, as the owner of premises described in
"Schedule A" annexed hereto desires to restrict the use and enjoyment of
said Premises, and has for such purposes determined to impose on said
Premises covenants and restrictions and does hereby declare that said
Premises shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southold Planning
Board for approval of a subdivision wherein Premises at "Schedule A" would
be designated Lot #4.
2. As a condition for approval, acceptance and filing by the Town of
Southold Planning Board of such subdivision, the Declarant agrees that
upon acceptance and filing of such ~inor subdivision of Tax Lot
1000-122-0)-1.1 (in Which "Schedule A" premises is designated Lot #4)
Declarant shall promptly make application for a subdivision of that
portion of "Schedule A" Premises lying in the B (Business) Zoning Dse
District from that portion of the "Schedule A" Premises lying in the R-80
(Residential) Zoning Use District so as to provide at least two separate
and distinct building lots, each located fully within its respective
Zoning Dse District.
~~~-
. "OINALE.
STATE OF NEW YORK: COUNTY OF SUFFOLK
On the :~.Pr-1ay of January, 1989, before me personally came Alan A.
Cardinale to me known to be the individual described in and who executed
the foregoing instrument, and ackn~wledged that he executed the same.
~.~ t:.., ~
Notary plU~{;t
CAROL GUYTON
NorAllY PUBUC. S-oI N_YodI
No. B2.....12688 . 8.l1f1ol11 l;!IuI\Ir.
Calnmlulon Expl... ~
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description of Lot 4 as shown on a map entitled, "Minor
Subdivision Plan prepared for Mohring Enterprises, Inc." at Mattituck,
Town of Southold, Suffolk County, New York:
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Beginning at a point formed by the intersection of the easterly line
of Main Road (N.Y.S. Rte. 25) with the southerly line of land of Peteco
Realty Co., which point is the following courses and distances as measured
along the easterly line of said Main Road from the southerly line of New
Suffolk Avenue:
(1) South 220 18' 40" West 180.48 feet,
(2) South 300 06' 10" West 100.00 feet; and
running thence from said point of beginning easterly and northerly along
the land of Peteco Realty Co. the following courses and distances:
(1) South 830 11' 50" East 313.77 feet,
(2) North 300 06' 10" East 100.00 feet to the land of Tom's
Dream, Inc.;
thence South 830 11' 50" East along the lands of Tom's Dream, Inc. and
of Glenn G. & Louise B. Munn 224.41 feet;
thence South 1" 04' 40" West continuing along the land of Glenn G. &
Louise B. Munn 362.00 feet;
thence westerly and southerly through the land of Mohring Enterprises,
Inc. the following courses and distances:
( 1) North 880 55' 20" West 257.64 feet,
(2) South 320 08' 20" West 215.77 feet to the land of Paul Lucas;
thence North 570 51' 40" West along the land of Paul Lucas, a right of
way, of Paul and Helen Lucas and of Walter Grabie, Inc. 493.41 feet to a point
in the easterly line of said Main Road;
thence northerly along the easterly line of said Main Road the following
courses and distances:
]
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(1) North 440 56'
(2) North 370 07'
(3) North 300 06'
00" East
50" East
10" East
170.00 feet,
103.23 feet,
60.00 feet to the point or place of
beginning.
COUNTY OF SUFFOLK
DEPARTMENt OF HEALTH SERVICES
WASTEWATER MANAGEMENT
County Center
Riverhead. New York 11901
(516) 548-3315
TO _f\~~ g,,~ ~'c~ \'~ c-P ~c.M-.
"TO,,","" \\...\1 I 5"'3oQS- f{~~. Pob"ll...I17
~..At-ol~ I }J Y It q .., t
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[L['iJ''iJ'[OO @[f 'iJ'OO~~~[Ki]O'iJ''iJ'~[L
SOUTHOLD TOWN
PlANNING BOARD
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DATE
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GENTLEMEN:
WE ARE SENDING YOU \ll'f-Attached 0 Under separate cover via the following items:
o Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications
o Copy of letter 0 Change order ~ Ctlfi rF af'r\\'c".:{.~o",S
COPIES
DATE
NO.
DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
o For approval
)(. For your use
1--AS requested
o For review and comment
o Approved as submitted
o Approved as noted
o Returned for corrections
o Resubmit_copies for approval
o Submit_copies for distribution
o Return_corrected prints
o
o FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS~ SV\.l.~"~slo,,,,- ......,o...~ ~\~ \\() "'-ffV'lW"'\ ~ 10 \ Iq~~ .
----"-D r4-.g~~ co~-h ~ .r'U~-h'.......s w4rL .Rr +-k O",U_\'h'~ ~
~ \ \ 0"'- -\-k p~--~ ~~ s \..... orJL.r to o.\h.....J ~ \....M\cd-\'.......... ofl.. 0....
~ fool Se.-Jo..'?{-- &\Sfoso...\ s'f~k--.
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COpy TO
SIGNED:-p~
" .ncro.".... .... not .. noted, kindly notify ua .t onc..
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11-1238:3181
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1938
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 26, 1988
.......
Roy Reynolds
Suffolk County Dept. of Health
County Center
Riverhead, New York 11901
RE: Mohring Enterprises
SCTM# 1000-122-)-1.1
Dear Mr. Reynolds;
The Planning Board is reviewing the above mentioned
subdivision and would appreciate a' copy of the application
submitted to your Department, along with a copy of your decision.
Thank you for your assistance.
. per~;~~~t R
t7~M'Vni'~'1/ U/~'A':/'-,...--Vt;.. .
/.
BENNETT ORLOWSKI, JR.
CHAIRMAN
cc: Aldo Andreoli
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, SUFF. Co~ DI:?lIR'l'MEN'r OF HEALTH SE_CBS .c:M'
ENVI1l.ONMlm'1'AL ENG~llEERI1iG SElWICBS Y
COON'1'Y CEN'rER, "'~~N"\ OF H,t.AlJH .. 1:\. .
lUVERBEAD,.tlEW YOl\)t.\~'q~d':" . 'i. ~~~
-'c',f~~=='=:" ~ -= '" ~ W~
. . . 'AGE ..., ~'': ,~ ."~::.io~'
hl'l.lJf of the S 0 oWlty San1tuy Code.
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, 1. ,'Name of S\lIxU.v1s1on ';or Development
MOhrinq Enterprises, Inc.
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2.' Property Location :'~
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"1' . ;y" . ~-.; ,..-.,
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3. '''', o.rn.er' s N_.. '
':......~~}:~;.,~l?~~~~lt;~.~Ti~;:'.~:<:;::}\~_:~:,-:';'..
15.9 acres
. "':!":;,.'!:,;",' ,', ,'.> :!;'~:;~,~.
7''>i~~I\~!I~.tOtal n\llllberO,f, 10~. ~~~'~d?
,~- .:_: \, t.<",>,!~~;:,:,;,;)!~ ~,,":;:,:<~2t~,,:;:-..:, ,:;~~:.".~~);'"_;"_'-;';",.. '**~<:.>.i '~j,~,,;'r:rYl'}}#:;:':"'::"7"\:.o~l'?~);'~:~',
8;'~~W1iiit,:I.. 'the intended use ot -these IoU? ' :. ,',
":: ::" .?\;"::.t:<,.;" )i"~;,~:;~~~,:1t'>>_~::,;_..,:: : ,:' " " ' -, '.,:;' ';;';~::;.:;:':;,t;:",,; ,-'/;,_"'~:{*::',;':'?:_:i~"::;:\','"
"oJ Iil'S~g1.~ f~ly res:l.denc~s.~,/ CJ ~fW1Y r
, , ." D!eifi~~'r~i~i. or indUatr:l.a1~~~~f;:.:riJC)th
;,;;;;.",!;:~>>:,;~~..;,,:":.j;'>: ,,' .: ,;'v,; _'1 ~iT~>.,:":'-:>':~'"
9. "What ido 'yoU intend to dO 14th these 10t8? '
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B~l andA/R
(:I..e., business, reddentia1)
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4 In th:I.. section? 4
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S.. 0 Mu1ti"fudlyho~in9.
". 'I
o Build' on all
o other
r . _ r" ..'~)',i.:
GI SeU lot. only
-;"-',
o Build on sOllle'lots and selJ.others'"
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lots:
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" . ;LO.-, ''What is nature of SQil? . topsoil' '+:l';sarid--ariil.'aravelmi:: + 10 water
(Describe to a depth of 17 feet, g:l.v1ng th:I.ckness of varicus
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'", strata such as topsoU, loam, clay, sand, gravel, hardpan, etc., if known)
11. What ill t;oP09:raphy?
flat
_: .:.:-
(:I..e., flat, rOlling, steep, etc.)
12. What is the depth to the watertablll?'
0' to 15'
(Give maximum and m:l.nimum,:l.f there is e
"",;.,..,. .-.
. ~!I{""imR'fp
var:l.ation and how determ:l.ned)
\
H. RS-1
(Rev. 4/84)
~:':;~;"')~'~~'i',;
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fit',)}~'~~i~'!~~ter "uP~l/~~I~:fiill.,i~~i:~a~r supply 'd~r ,,"Ik:~,~.
~:::~'~~>\':<":.:___ ,.._<~~;~~~~~..:;:~;'.-.~i:'~~;::::~~:~',;>~'->,~;'.:-.:.. ~'::~'",':,'~~,~;:~t.~,;~<.;';{:~:;t~';:';1'.:::::':(.,:~:.,,(,;;,::-~-,>: .. ".., ,-':.!,. --: - ".~ '" ". ,,~~
1,', Ui;:f~t',i,llthe' approx,iJnat.l!'4i~~~Il,to!~;n~arellt. publ1c wat.ersupp1y main and t.he n_~
U?'1;';'X' '~i::;~:'~\ ';, '" :'.,:,:~;~!;~;j:~;\:~'~,;f'i;,~~~>;,~, , " "., ". ',:'.:, ,~..:_n':" .."".;..+ < ;.~~
i ,'.<,l!;'L'~~:,:(.~:'.uppl1er?" '<~""~JI0'imq~~~:Vil1a.5Ie of C::reenport:-....,. ,'. ' ".' , >F
~:.. ~-,::;:~;>:,~i;~~~~:;.i!~tf~f;tf~~r~-;--~'~,--:,,-,,::::~:~ ;('~::': '::.:; '., ': -;,; > .. ;,'; " " ".~', :';';, '+;;;,;\ ;,?<;:,:. ~:i,[>:j;,:;,':i~~~,/:"t-, '~;,",::;-::.:;: f4:' . - ,~,~ ';; , ;-,~",;: )\Y:, \;i~",,- ,~. .~,i, ~ ,',,;. '~:2 . ~-" ,-,'(<',; :~ ~',_"" ,',:,,~:-~'.~~?r::,:
;, ,';15~i::~"t.,i8 . the ,proposed ~t.h0,4:of sewa..~,cU.~pos~l1-.----." "~';;",' _,':;;-.,.";"'';;'';;''o''lc'':i~>
, :::" ';"W;~~H;hiliv1~~ ~ewage ;8;~'t~'. "'\,~>?t( h;:=.:~.:'::-;':,,;-O c:~"':werage 8y~:J;;~1';'
:','/:,~Zd~r: " . 'C:<I~.~>. ,...- o' ..... '_" ,'::.:'
L' 16. ,.:1!hli.t.1s' t.he approx1mat.e 4illt.ance 1:0' the nearest. pubUc sewer Une and the name of the,;: :',:"
,-,~ , , " .,,' \~~i~" - ',- " - ' ,.', " ,"- '- . ' ,'; :.< \..
, -",' ,-.'" ' ", _' ", ", J~::.t,."~-;",, ,:- . ,
12 miles '.. Villaqe of f;reenport
'..... ci11lt.rict?
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17 .'Are there any .pollut.ion sources in. th,~.-.rea' which could affect. thapubUchea1th or" .
-,.,..,~ o,.~..;~.,..:;,,.,.-:t__,-_- ::---:-',-";.;':'-,:~"~';'.7;- -' . . ':.,:,;~.,~:,:C'<-"--':""'~~;<'~''''-' ' , '_ __~.~-+ ,. ~;~
,,'
of"-
8afet;y?(IfYes, explain) NO
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._------~--------------~------~~----------~---------------------~--------------------,-~-----
.,('rhe . following .statement must be signed by the owner of the 1an4 platted for subdivision or
. 'the. responsible official of the company ,or Corporation offering the same for sale). '
, IT :ISIIEI\EBY ],GREBPthat if1;J}e"atta9hea'plansdated 1 0 /1 0 /84 or any amen4m!lllts;.....
orrevillions t.hereof are approved by the Suffolk County Department of'Hea1th Services, instal-
lation o.f water sUl'P1y an4 sewage disposal facilit.ies will be made in accordance with t.he de';
t.ai1sthersof. as IIhown on such approvlild p1l!U. If the subdivided lands, shown on such plans,
are sold before such inst.allat!ons are made, it. is agreed that. all purchallers of 101:8 wil1:be
.'furnished wit.h a legible reproduction oft.he approved plans and they will be not.ified of the
, nece,s,sity of making such insta11at.ions inaC~SUch approvedp1anll. .
,.to ::~=.:t~~~
....;.
----------~~-~-----~-~-----.--.--.~-~:~~-~~~'>--~~-~----~~~~---~~-----~~---~~---~~---~~-
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~ BBFIUoEDINBY PROFESSIONALENG%N!:ERANtlWo SURVEYOR,
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...'rhe p~ssubmit.t.ed.wit.h Wsapp1i,~at.J,~~'.~e~ ~repared by me or under lit';{ supervision and.
, 4ire.c~on.. . Wll.ter supply and/or sewage:4isposa1, facilities shown. on the plans were d~signed.
aft.er'acareful an4 t.hcroughlltudy was,made including local soil and groundwat.er con4it.ions.'
. ,'. . ";' , , ' ", .. .... .. ..' .'" (
Name (Give firm, if any) . 'f60t:JG: ~.. ""r6U"-./ G
O.s-rRA~6ed? P'lve
-4 .s~<=1:' 3
Signature
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SUFF91f.:~~~~:ttCES. wI
"i~~~>>\~1.~~l ~\~ \~~;\.1H '~OOW\f.
,.! AL sJml.r1\ OESTIONNAIIlE'
'1 infocaationl.
NAME OJ!' :stJBDIVISION OR DEVELOPMENT
",.>~;', i"~'; -" . ," I
MOhring 'Enterprises, Inc.
PROP~LOCATION (VILLAGE .lIND/OR TOWNI.
Mattituck Village, TOI'1n of , South old
OWNER'S NAME (INDIVIDUAL, CORPORATION ORPAR'l'NERSHI~ OWNING PROPERTY)
PROPERTY TAX MAP NUMBER,
1000-122-3-1.1
Mohring ~nterprises, Inc.
MAILING ADDRESS
460 Glen ..Cove Avenue, Sea Cliff, NX 11579
TELEPHONE NUMBER
671-0481
PleASe answer all of the fOllowing questions by marking the appropriate box.
YES NO
1. Are any of the fOllowing permits required?-----------___________________ X
a. Wild Scenic and Recreation Rivers Permit - NYSDEC--------_________
b. Long Island Well/Water SupplyPermit- NYSDEC-----------_____________
c. Protection of Waters Permit., ,":, NYSDEC-------------:__-----------------
d. T1dal'Wetlaiuis Permit - NYSDEC---------____________________
e. Fresh :Water Wetlands Permit - NYSDEC----------_____________________
f. SEQRADetermination - SCDHS/Town-------______"'_________________
2. Will project result in a large phys'icalchange to the project site,
physically alter more than 10 acres of land or a,lter any unique or
unusual land form?-----------___________________________________________
3. Will project alter or have any effect on an existing body of water?-----
4. Will project have a potentially large iIlIpact on groundwater quality?----
5. Will project significantly affect drainage flow on adjacent sites?------
6. Will project affect any threatened or endangered plant or animal
species?---~----_______________________________________________________
.~
7. Will project result in a major adverse effect on air quality?------__
8. Will project have a major effect on visual character of the coJDinunity,
scenic' views 'ol'vistas known to be important to the coll1ll1unity?---______
9. Will project ,adversely impa,ctanysite or structure of historic, pre- .
"historic, or,paleontoloqic~l~rtanceorany site designated as a
'. cr! tical envirolllllental aiEi~ bYA.local agency?-------_____~_______
10.'W,i,1l,pioject have a major effect., on elCisting or future rElcreational
--',,:.:':<.OPpo~t~1t+es?--.~----~-~.,~~'~-;,;."'~~-~--~-~_-______________
1l.Will"project result inmajOl:<tra,tficproblema or cause a major effect
.to.e~i~tingtransportationsY$t..~S?_ . T':~--------------------__-:"~
12. \fill.) Jll;pject;reqularly cause .~~ect;i9nll))l,eodors, noise, glare, vibra-
....tion:Clrce1ectrical disturb!lll~,;~.a,?.r!l~1/.lj;;:'Qf .the project 's operation?,..-
. 13',Wili"~roject,have any ilIpact'/Q~i;P~lici1i,~ith. or safety?..------____..~.;,..
].4~Wil1projectaffect the elQ.st~gCOl\lllunityby directly causing a growth .
. i:in'.p8rl11anent po]?ulation ofllloret.han5 percent over a one-year. period?--
J. ',15; '.1.. .:thEir. pubJ,.ic controversiconcemillg :t.heproj ect?-----------__~___
..... ",'):X"~!;:;.i~,}!d> ..... i... ......
\~R'S SIGm.TtlRE _II ".
i",;';_"'h~,.ti:l~,:~J~.j ~n '1~.1>y~ 4~ P'''i~f',:~'~~r-f
. - _....-..-
DATE
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NEW~K STATMpARTMENT 0:' ENVIRONMENTAL CONSERVATION
e@@[PW
-,#"',
"",
.<1'-:
.R,,\!T NUMBER
~-85-0923
r"CILln'PROCRAM NUMBER(s)
NA
=Article 15, Title 5:
Protection of Water
=Article 15, Title 15:
Water Supply
=Article 15, Title 15:
Water Transport
=Article 15, Title 15:
long Island Wells
= Article 15, Title 27:
Wild. Scenic
and Recreational Rivers
=6NYCRR 608:
Water Quality Certification
'fRMIl ISSUED TO
Mohring Enterprises,
.
PERMIT
Uncler the EnvironmentAl CoftlervAtion Law
EFFECTIVE DATE
6/17/86
EXPIRATION OATEb)
DArticle 17, Titles 7, 8: SPDES
DArticle 19:
Air Pollution Control
DArticle 23, Title 27:
Mined land
Reclamation
DArticle 24:
Freshwater Wetlands
6Cl Article 25:
Tidal Wetlands
DArticle 27, Tit 7:
Solid Waste Management
DArticle 27, Title 9:
Hazardous
Waste Management
DArticle 34:
Coastal
Erosion Management
D Article 36:
Floodplain Management
DArticles 1, 3, 37; 6NYCRR 380:
Radiation Control
N
N-New, R-Renewal, M-Modification
C-Construction, O-Operation, (If Applicable)
Inc.
4.0DRESS OF PERMITTEE
G C A en e
"CENT fOR PERMITTEE/CONTACT PERSON
N/A
New York
Sea Cliff
11579
TElEPHONE NUMBER
'AME AND ADDRESS OF FACILITY (It different from P~mittee)
..OCATlON OF PROIECT
James Creek
COUNTY
Suffolk
TOWN/CITYNILlAGE
Southold
UTM COORDINATES
OESCRIPTlON OF PROJECT/FACILITY
Subdivide 15.9 acre parcel into four (4) residential b i
as indicated on "Minor Subdivision Plan, dated 10/10/84) pre ared for
Mohring Enterprises. Inc. b
and Yo
"
GENUAL CONDITIONS ~
By acceptAnCe of thi. pe,aait, the permittee .,,... thAt the permit is conti..,en. upon strict compliance - ~ r;:-, (/)
with the EeL, all appliabJe reaulations and the conditions specifie~ herein or attached hereto. ~ ~ ~ ~
The permittee shall fde in the office of the apprDpli.te relton.1 permit .dminisu.tor, or other office desianated in the spec 1.1 conditions, a notice of intention t~.c~~ce
work at lust 48 hours in advance of the time of commencement and shall al50 notify him/her promptly in writina of the completion of the work. '; : 0 r-
.: The permitted work shall be subject to inspec;tton by an authoflled repre5l!'nt4ti~ of the OeJNIrtment of Environmental Conservatton which may order tt;"""'work ~u~s~ if
the public inteml 10 requim, .c' ~.To g
. The permiltft ha$ acc~ted expre5sly, by the execution of the apphcation, the full le,al rapol'l$ibility for all damap$. direct Of Indirect. of whatever natu~ and ~~r
JUifeted, amina out of the proJect described herein and has a,reed to mdernnily..nd Wive h.Jrm~s the St4te from $uitJ, actions, dam..aes and costs 01 ~meI'.~P-
tlon (ftultin, hom the said project. _ ~ ::z:: ~
.& The [)epanment res.rves the ri,ht to modify. $uspend Of revoke this permit at any time after due notice, .nd. if requested. hold a hearin, when:c::a 0
a) the sc~ of the project is exceeded 01 a violation of any condition ot the permit 01 provisioris 01 the ECl and peninent re,ulations are fddJ; or t-oI
bJ the permit was obtained by misrepresentation or failure to disclose relevent facts; or
c) newly diKO\It'red information or li,nilicant physical chanps are discovered since the permit Wit i$Sued.
i The perrnrttee is responsibJe lor keepinl the permit active by submittlnl a renewal application, includin, any forms, lees or supplemental inforrutlon which may be required
by the Department. no later tUn 30 days (180 days for SPDES or Solid or Hazarduous Wa$te Manaaement permilS) prior to the expiration date.
· This permit shall not be construed as conveyin, to the appticant any rilht to trespau upon the lands or interfere with the riJNIrian ri,hts of others in order to perform the
permitted work 01 as authorizln, the imPiirment of .ny rilhts, tllle or interest in real or personal property held Of vested in " person not a Piny to the permit.
. The permittee is responSible lor obtaininl any other permits, aPPfovals. lands, easements and rilhts-of way which ....y be required for this project.
I IssulMe of thi$ pennit by the Dep.anment does not. unles$ expressly provided for. modify. supersede or rescind an order on con5l!'nt or determination by the Comml$Slon.,
ISSUed heretofore by the De~nment Of any of the terms, conditions, or requirements contained in such order or determination.
, Any modification 01 this permit Ir. t. i a and attached hereto.
I'ERMIT ISSUANCE DATE
6/17/86
4UTHORIZEO SICNATU
X
cc:
Page 1 of 3
Bldg.
Brook
40,
N
SUNY,
Room 219
on
"
.L ~;:ER"'L CONDITIONS fOR4lICLES Illle S~ ~4. ~S. :J4 ond 36 (
.
. @ffi)rPW
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.",'t-',,_ future operations by the State of New York require an .1-
------;-'''ieration in the position of the structure or work herein authorized, or
1':'::" if, in the opinion of the Department of Environmental Conservation
~<' it shall cause unreasonable obstruction to the free navialtion of said
waters or flood flows or endanger the health, safety or welfare of
the people of the State, or cause loss or destruction of the natural
resources of the State. the owner may be ordered by the Department to
remove or alter the structural work, obstructions. or hazards caused
thereby without expense to the State, and if, upon the expiration or
revocation of this permit. the structure, fill, excavation. or other
modification of the watercourse hereby authorized shall not be com-
pleted, the owners. shall. without expense to the State. and to such
extent and in such time and manner as the Department of Environmental
ConservatIon may require. remove all or any portion of the uncompleted
structure or fill and restore to its former condition the navi,able
and flood capacity of the watercourse. No claim shall be made against
the State of New York on account of any such removal or alteration.
11. That the State of New York shall in no case be liable for any damaae
or injury to the structure or work herein authorized which may be caused
by or result from future operations undertaken by the State fOrJh~e _
conservation or improvement of naviaation. or for other purposes. and
no claim or riaht to compensation shall accrue from any such damage.
12 That if the display of lights and sianals on any work hereby authorized
is not otherwise provided for by law, such lights and signals as may
be prescribed by the United States Coast Guard shall be installed and
maintained.
13. All necessary precautions shall be taken to preclude contamination
of any wetland or waterway by suspended solids, sediments. fuels.
solvents. lubricants. epoxy coatinas. paints. concrete. leachate or any
other environmentally deleterious materials associated with the
project.
.-
14. Any material dredaed in the prosecution of the work herein permitted
shall be removed evenly. without leavinalarge refuse piles. ridges across
the bed of a waterway or floodplain or deep holes that may have a
tendency to cause dam ale to naviaable channels or to the banks of
a waterway.
15 If any material is to be deposited or dumped under this permit. either
in the waterway or on shore above hiah-water mark. it shall be deposited
or dumped at the locality shown on the drawing hereto attached. and.
if so prescribed thereon. within or behind a lood and substantial
bulkhead or bulkheads,such as will prevent escape of the material
into the waterway.
16. There shall be no unreasonable interference with naviaation by the work
herein authorized.
17. If aranted under Anicles 24 or 25. and if upon the expiration or re-
vocation of this permit, modification of the wetland hereby authorized
has not been completed. the applicant shall. without expense to the
State. and to such extent and in such time and manner as the
Depanment of Environmental Conservation may require. remove all or
any panion of the uncompleted structure or fill and restore the site
to its former condition. No claim shall be made against the State of
New York on account of any such removal or alteration.
18. If Iranted under Anicle 36. this permit does not sianify in any way
that the project will be tree from floodina.
19. All activ'ities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or his aaent as part
of the permit application.
Such approved plan~ were prepared by
...
Younq and Younq, L.S. on
for Mohring Enterprises,
10/10/84
Inc.
SPECIAL CONDITIONS
Supplementary Special Conditions (A) through (J) attached.
--
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DEe PERMIT NUMBER
10-85-0923
PROGRAM/FACILITY NUMBER I Page..l.- of ~
N.LA
· ~ 00 IF\'1
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,<,1:" . SUPPLEMENTARY SPECIAL CONDITIONS
'~ixf:.j!l' .
~,'f': The following conditions apply to all permits:
;-::\
,
,
,
A. If any of the permit conditions are unclear, the permittee shall contact
the Division of Regulatory Affairs at the address and telephone noted below.
B. A copy of this permit or approval and supplementary conditions shall be
available at the project site whenever authorized work is in progress.
C. The permit si~n enclosed with the permit or a copy of letter of approval
shall be protected from the weather and posted in a conspicious location
at the work site until completion of authorized work.
D. At least 48 hours prior to c01lDllencement of the project, the permittee shall
complete and return the top portion of the enclosed receipt form certifying
that he is fully aware of and understands all provisions and conditions of
this permit. Within one week of completion of the permitted work, the
bottom portion of that form shall also be completed and returned.
E. For projects involving activities to be accomplished over a period .r more
than one year, the permittee shall notify the Regional Permit Administrator
in writing at least 48 hours to the c01!Dllencement of resumption of work each
year.
..
F. If project design modifications take place after permit issuance, the
permittee shall submit the appropriate plan changes for approval by the
Regional Permit Administrator prior to undertaking any such modifications.
The permittee is advised that substantial modification may require sub-
mission of a new application for permit.
G. All necessary precautions shall be taken to preclude contamination of any
wetlands or waterway by suspended solids, sediment, fuels, solvents,
lubricants, epoxy coatings, paints, concrete, leachate or any other
environmentally deleterious materials associated with the project work.
H. Any failure to comply precisely with all of the terms and conditions of
this permit, unless authorized in writing, shall be treated as a violation
of the Environmental Conservation Law.
I. The permittee is advised to obtain any permits or approvals that may be
required from the U.S. Department of Army Corps of Engineers, NY District,
26 Federal Plaza, New York. NY 10278, (Attention: Regulatory Functions
Branch), prior to c01lDllencement of work authorized herein.
J.
The granting of this permit does not relieve the permittee of the
responsibility of obtaining a grant, easement, or other necessary approval
from the Division of Land Utilization, Office of General Services.~__
Building. Empire State Plaza, Albany. NY 12242. which may be requiiid fOoCl>
1 m~c
any encroachment upon State-owned ands under water. ,....., "'-oJ...
c:.o :c. -( "T1
Regional Permit Administrator :'>:>~
NYS Dept. of Environmental Consl!n'adon""
Bldg. 40. SUNY--Room 219 ;:; :;~g
Stony Brook, NY 11794 .". ;....I==~
(516) 751-7900 ~ :;;~~
CD 0
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DEC' 10-85-0923
Page 3 of 3
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Soutbold. N.Y. 11971
(516) 765-1938
NEGATIVE DECLARATION_
cW'C;;-;fS
W::7/
April 15, 1985
Pursuant to Article 8 of the Environmental Conservation Law
State Environmental Quality Review Act and 6NYCRR Part 617, Section'
617.10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that Southold Town Planning Board as lead agency for
the action described below has determined that the project will not
have a significant effect on the environment.
DESCRIPTION OF ACTION
The minor subdivision of Mohring -Enterp'ri.s~_s,Inc. is four
lots on 15.9 acres located at Mattituck, Tax Map No. 1000-122-3-11
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted which
indicated that no significant adverse effects to the
environment were likely to occur should the project
be implemented as planned.
.
.,
Because there has been no correspondence from the New York
State Department of EnviroJ;lIi1ental Conservation in the 'a'llotted
time it is assumed that there are no comments or objections
by that agency.'
The Suffolk County Health Department has no objection to our
.leadagency status. They have received an application and the
proposed project is in non-conformance with Article 6 due to
insufficient depth of test well. In addition, required test
hole inspections have not been done to determine subsoil
conditions.
The project will meet all the requirements of the Code
of the Town of Southold Subdivision of Land Regulations.
Further information can be obtained by contacting Diane M.. SChuftze,:
Secretary, Southold Town Planning Board, Main Road, Southold, New York
11971
11
.,
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 26, 1988
Roy Reynolds
Suffolk County Dept. of Health
County Center
Riverhead, New York 11901
RE: MOhring Enterprises
SCTM# 1000-122-3-1.1
Dear Mr. Reynolds;
The Planning Board is reviewing the above mentioned
subdivision and would appreciate a copy of the application
submitted to your Department, along with a copy of your decision.
.
Thank you for your assistance.
~ery t?I~'7;llfi-rS,~, /} ?/'
Lc ~D~."j ~ //
-1' ~;'<_,,>:T' ;' /f /~'i.J .-t,..-. I
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V',-,-'l/$"j'.,,/I'_!/~ "/ L.:' __'0.- :.' ~ , '
r
BENNETT ORLOWSKI, JR.
CHAIRMAN
cc: Aldo Andreoli
ms
.
-- -- ------- -
~~
.
.
Carel/rude & Carc//nale
71l1orney.f a/ Eaw
:}JMip :l Cardinale
0u.fan ..4. Cardinale
.,(tain ::Road
:7' 0. 2Jox 7V
Jlamespor/, Xew York //947
Carol guy/on, Office ..4anager
(S16) 722-4744
September 14, 1988
Mr. James A. Schondebare, Esq
Town Attorney
North Rd, Rte 48
Southold, NY 11971
RE: Tax Map No. 1000-122-03-1.1
Mohring Enterprises, Inc. Subdivision aka Minor
Subdivision of Alan A. Cardinale at Mattituck, NY
Dear M~ebare
Enclosed is a draft of the Covenants and Restrictions
requested by the Town Board re the above preliminary to
their stamping and accepting the map. Please review and,
if acceptable, advise, and I will forward a fully executed
copy ready for recordation.
Sincerely
t:?LJJ
PHILIP J. CARDINALE
PJC/cmg
ene.
pc Alan A. Cardinale
Mattituck, NY
/lJI; W~~~~_?
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.
.
DECLARATION OF COVENANTS AND RESTRICTIONS
day of September, 1988 by Alan A.
THIS DECLARATION made this
Cadinale, residing at Main Road, Mattituck, New Xork, hereinafter
r ferred to as the Declarant, who, as the owner of premises described in
3chedule A" anne~ed hereto desires to restrict the use and enjoymen~ of
~.
said Premises, and has for such purposss determined to impose on said
Premises covenants and restrictions and does hereby declare that said
Premises shall be held subject to the following covenants and
restrictions.
1. Declarant has made application to the Town of Southold Planning
Board for approval of a subdivision wherein Premises at "Schedule A" would
be designated Lot #4.
2. As a condition for approval, acceptance and filing by the Town of
Southold Planning Board of such subdivision the Declarant agrees that upon
acceptance and filing of such minor subdivision of tax lot 1000-122-03-1.1
(in which Schedule "A" premises is designated Lot #4) Declarant shall
within 30 days make application for set off of that portion of "Schedule
A" Premises lying in the B1 Zoning use district from that portion of the
"Schedule A" Premis lying in the A Residential Agricultural use district
so as to provide at least two separate and distinct building lots, each
located fully within its respective zoning use district.
ALAN A. CARDINALE
STATE OF NEW YORK: COUNTY OF SUFFOLK
On the day of September, 1988, before me personally came Alan A.
Cardinale to me known to be the individual described in and who executed
the foregoing instrument, and acknowledged that he executed the same.
Notary Public
\
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description of Lot 4 as shown on a map entitled, "Minor
Subdivision Plan prepared for Mohring .;:nterprises, Inc." at Mattituck,
Town of Southold, Suffolk County, New York.
Beginning at a point formed by th~ intersection of the easterly line
of Main Road (N.Y.S. Rte. 25) with the southerly line of land of Peteco
Realty Co., which point is the following courses and distances as measured
along the easterly line of said Main Road from the southerly line of New
Suffolk Avenue:
(1) South 220 18' 40" West 1,30.48 feet,
(2) South 300 06' 10" West 100.00 feet; and
running thence from said point of beginning easterly and northerly along
the land of Peteco Realty Co. the following courses and distances:
(1) South 830 11' 50" East 313.77 feet,
(2) North 300 06' 10" East 100.00 feet to the land of Tom's
Dream, Inc.;
thence South 830 11' 50" East alolg the lands of Tom's Dream, Inc. and
of Glenn G. & Louise B. Munn 224.41 feet;
thence South 10 04' 40" West contlnuing along the land of Glenn G. &
Louise B. Munn 362.00 feet;
thence westerly and southerly through the land of Mohring Enterprises,
Inc. the following courses and distances:
(1) North 880 55' 20" West 257.64 feet,
(2) South 320 08' 20" West 215.77 feet to the land of Paul Lucas;
thence North 570 51' 40" West along the land of Paul Lucas, a right of
way, of Paul and Helen Lucas and of Walter Grabie, Inc. 493.41 feet to a point
in the easterly line of said Main Road;
thence northerly along the easterly line of said Main Road the following
courses and distances:
(1) North 440 56' 00" East
(2) North 370 07' 50" East
(3) North 300 06' 10" East
1'70.00 feet,
103.23 feet,
60.00 feet to the point or place of
beginning.
-~
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-~
J
516-298-4223
ALAN A. CARDINALE
REAL ESTATE MANGEMENT & INVESTMENT
P.O. BOX 77
MATTITUCK, SHOPPING CENTER
MATTITUCK, L.I.. N.Y. 11'952
June 2, 1988
Southold Town Hall
Southold Town Planning Board
Main Road
Southold, NY 11971
Re: Cardinale Subdivision
James Creek, Mattituck
Gentlemen:
Thank you for your comments during the July II, 1988
Board Meeting regarding the above captioned subdivision. I
can readily understand the Boards concern over the need to
setoff the commercial and residential use as they currently
co-exist within lot # 4. I do feel however, that in
fairness, this issue should have been addressed before the
Board granted its preliminary sketch plan approval. I am
sure you can appreciate my frustration. A great deal of
money, effort and time has been devoted by my predecessor
as well as myself to secure all the required approvals
(Suffolk County Health Department, D.E.C. ect.) only to be
informed that the sketch plan previously approved is now
deemed unacceptable.
May I suggest a solution that assuredly would satisfy
the Boards requirements, and at the same time be helpful in
expediting my development plans. I respectfully request
that the Planning Board grant a Final Approval for the
subdivision as preliminarily approved, and currently
maintaining Suffolk County Health Department approval, and
in turn I will sign a covenant guaranteeing that I will
diligently pursue a setoff of the commercial to the
residential portion of lot #4. In this manner the Board
will satisfy its requirements without causing me a greater
hardship than necessary.
It is our intention to develop two of the three
residential lots facing on James Creek simultaneously in
order to assure uniformity in road, drainage, landscape and
utility design. One and possibly two of the three lots are
to be used by my family, and it was our hope to start
construction later this summer. I would greatly appreciate
your help in this matter, allowing us to meet our
construction goals. Thank you in advance for your
cooperation, I remain.
Sincerely,
,
,
p
.
D
Soulhold, N.Y. 11971
(516) 765-1938
June 27, 1988
Philip Cardinale
P.o. Box W
Jamesport, NY 11947
RE: Mohring Enterprises,Inc.
SCTM 11000-122-3-1.1
Dear Mr. Cardinale:
. The Planning Board reviewed the maps for the above
mentioned subdivision at its last work session.
The Planning Board is not in favor of lot 14 being situated
within two different zones. The Board would therefore like to
see a set-off of the business property followed by a subdivision
of the remaining land in the residential district.
The Planning Board will proceed with this application upon
submission of maps in accordance with the above mentioned
comments.
If you have questions, please do not hesitate to contact
this office.
K:;!/2
BENNETT ORLOWSKI ,JR.
CHAIRMAN
jt
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.
4
~
Card/rude & Canhnale
?/lIorne!js al Bow
'Philip? Cardinak
dusan .,,(1,. Carelinak
Carol guy/on, OIJice vltanager
RECEIVEDBV1
SOUTHOLD TOWN PlANNING soARi
JUN 1
.IIain :J?oad
7> 0. :JJox 7V
ilame.fporl, Xew Yor~ 1/947
(5/6) 722-4744
DAlE
June 10, 1988
Southold Town Planning Board
Attn: Melissa
Town Hall
Main Rd
Southold, NY 11971
Re: Mohring Enterprises, Inc. at Mattituck
Tax Map No. 1000-122-03-001004
Dear Melissa
Enclosed, as per request, is an updated application for
final subdivision approval reference the above together
with a check in the required amount and three surveys
bearing endorsement of the Suffolk County Health
Department.
As you know, this project was fully reviewed by the
Town and preliminary approval granted several years ago.
The saga since that date endured by my client with the
Suffolk County Health Department is unfortunately not an
unfamiliar one. Suffice it to say that finally, after much
persistence and perseverance, the required approval was
granted on May 10, 1988 from the Health Department.
Essentially, therefore, this is, in effect, an application
to update and extend the existing approval and a submission
for final approval and signature by the Southold Town
Planning Board.
I would appreciate whatever you can do to expedite. If
you have any questions, please do not hesitate to call.
Sincerely
~'
~/
PHIL'P J. CARDINALE
PJC/cmg
enc.
- PLEASE SEE FILE #2 -
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,