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HomeMy WebLinkAbout1000-122.-3-1.4 J.......t . ... ~ s T -- _ '.........>~............'~.. ~'.'~c< ~ 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 1:.Lllo.l( I I:.LI~ ~r,;l -_~l-..J [.iliiilr;,;, I!~ ~K.J ~//I"S/gS -,(JIg. 1M I:.LII OK I ~~ ~~ ~@EJ 1,"1'L7l'8'lJ7fJg~ I:.LI~ [.iliiilr;,;, eJ~ d -I:: -'tv _11- d-It'/?} Draft Covenants and Restrictions received ,.k/au ~I~ .......~ 'Ijj~ A ~- Draft Covenants and Restrictions revie~ed .'l(v,';:',,"\li~I~I...:r I;~ ~ I . . . 'tG'T'A 'hr->-- 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 ~~p~.__. fQ;;t ~ h\=\9Cj ~I,q~ ~ ~I C2~ '---... I I>?/q,o lJ-r-" I). 1~I'lO r~ ! f-f-fv c.o-..d,...&d~, I f/V L. C eJ*', '7~ 7Ft> "'<4 SlIfO . Q. 732 00 ~ ... ''i'/~ '; I f:< -. > _"~,,' i..., .. " . ...', " . . 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-~ ;; 17..'7, _ t/) ,J.. ~ ,. , ,- ~ . ~. 0* ,'f' . . . 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: \ ~. .{:'.~ ~.!?............................................... - 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 ................. ......,....................................... . . " t> ", . '- ~ . (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, ~ . .. ' 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 ..................................... . '" .. " ,. ~' . '''~ft..4 (9i84) fi ~~ 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: ... . 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- . " the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment "~ OVER ,. '. . 0 . . . . . . ." c:::,ffDL'(. P,~NNINGi6~~}p T(}\v,. 7.~. ~~:S.'?IJ~:i5~LD ~""" '.'r.". ",,;;;.;.r~ 81 SUJ;'FOLK:-:e~O.1}. TY ~..;;!J O' j.t/\V ~.. - 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_ @~ 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 ~~ ftnM'.J \l:V No .C - 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 . ~. oJ' ,...... ,- >t ". ~ , . . . . . 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 .... ~ '1'/ 2? ~"~{-~':"'!'b ~ (;':~'"j:~< $ ~<>,....,.\),: ... . < "., --.... _ ,- r .J o . \-i ... . 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.: ~ .' .~ -' . , ',',' ,:; J:..; ,,~'';'; . " ~. ,..~' t:. 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 \ /1 I~/L '6'l/L 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 \ -.---- ,- c.JI '" . (', . \ - . - 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 '. NOrMY CAIIOL GIMON No.I2-=~~orNow"'" ':'. Camn, rlJ '...... 'I'J"!!I~' ......... , ...~ -:'l , ' !' j' . 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' </ My Commission Expire. Mar .. 1808 J), 'r {} \ 00 100 300 IOO~ J '( t<~ 1-\1 1 ",-' ',J "- I J',\, <;':6 . . ~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'",;' I ! , 1 j I " , i: I ALAN A. CARDINALE, residing at (nn#)Bridge Lane, Cutchogue, NY .- r:'Y"3;l 1.~t . $ 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; "".. . " 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 ~, 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 I~~ ~ (l~ ~~~cf r~rc-~('~ , //-e--d'l~c7<//~ L, 9? /'3 /-;>y / ;: 3 ~?-V'~l-71-e c/ i",,- _ . ~ .' 0 /~ A.R ~ ,('~c1'/( C"/.7' / 9Y 3 <. of' .,.0 /J 0 (/'...c vr'4'_ / L., I. L. " v /.y , 11 uf /;:) d.-.; ? /"6- :;'3 ~<I......._...-....-... " , .... ". . . 'I j t , ',". '. 'r' 1 · , . . i i ~. : .~ ! .~........_ 4'___. : .1 :\..,.. .....,.,. '. ". T -- - ....~, u . . _....~- ~_._~-~. 8-3256 ,.. --.....,. .,....,,-.- -... ~ ~f'" . .?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. i I I -l I nt ! ~ ! . . . , 10469 ) riJ328 ),\, 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.- -'-__ ~6'~--lI"~ ilunJuill ullll 80ulr lIIrrll 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 Ijp Nil. w u ii: lI- o ! " z is a: o u w a: lI- o W '" ::> a: o lI- W o .. .. '" '" % I- W > a: w '" w a: \ ~... ___ _._ ._,__~ _',="",," "o<t~ ",~ ,J.1 <1';'8 AUnIO~) ~wlf; 'Uf1~, Hi Vi,'!"I:, V1T::'?'JI'1' -'.f "~ .l.:Jllnr L81 h1 [(I II 1I MN . .. '. '-; '.... .. .J ~; ___"'- _ i_A_~- ~,~ ___ -to..__.. __"-- ... .~- -.- ,- .,. .- 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~ . ~-~ 1_-. I" ~ . - ()d DoDan '4-7~;). 00 For. f::, ) r'-<.c ~- /. 'f I'~ T_ .,... ~~~,.._Ch.:~,~I!J;-.t~,~.,-,.,-,~.._,-'7 ,G~~ ~ ..-;'.. ...-.-. 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 DC' D--CI ~( '''1(''1'/ A /Q./lL Co..vdlna.)€-, \ C James Cr~) SGiI'1 -# IOCO-/22,-3./-'f ~ C (_~r2-"L- ./ This is (). rn i nor sU.&:;J,v. -!-ho.J expircd. - r B re.'1ru.i,-" U ^. "-V1 ne.LQ CLppliC.o..kiO,", fee. it> f roceed, . 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 G""i'q-.u')~ 1 ...,\~ EJ~'-r / 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. ' ~ ~ {tV" .c v .,\ 'oj. (\0 ~~(V ~~ ~ ;J)(j.t'>'+ ~. .J~lJ ~'\ ~ (.:,\/7 . (o.,l) ~ 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 I / /3, fi\~1~n. tl) ./ oP<9~ I:ve*l; N ~ I ;-l!e . " "' . "::>,)'0\ (lib ms ". . 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 ..._...~~ " j "\ , -) IAt'J r~., -~"'::J: v/\11 \:,-1: ",,-,, Southold':own Planning Be;", rJ , -, , , ~ MI#> t11S 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' ~"(:"...\":",,,,,\'t ...~:,. .a' ~. ~"~.\:" ". "'~'. '<",,:,e)" "'" 'i' . ~~". '~~ ';>;~ ~ . ;~..Ii _":~ \'~ "1i.V"' .~ st.} l'l ~~ 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 c ~ 8 . .., , ..., . ... .. ~ ,,-- ..~,'-,. ...-. c r ....~ EB ....""'......' 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 ---- . . ~N7J RI€"" ~ 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 - . . So/!;~. p~ I'(\~ 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 \e'\er 6os.cr'.I.;N,& ~~ ~ rY\'s~'^'.s ~~;...:s:"", ;~. A"'''''tb, \-\~.~" 5,""~ '~R. bN 7\\"~1'1.l? MS, l~allWqj 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 I, . . t..... SLLf:F- P,b MS 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 -------~ __u______ ~-------._a_..u__ - ___Um_n_ ---. nu_____.___.u._... __.. _ _ _ .._,,_.- Q p ..... ~ . . 5'~ M5 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 . 1J.;;j . . -=-=-......- . --~.~.- - . . 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 t'\S PEri ~ YOURS TRULY, ~12/~ _ 10 piaQ5 - Lf plar\t- prof; Ie... 0 t pro-posw.. r-o-w 1/3Dhe '!>.~c""'~e~ cAt ~ry. 10\& \-..,"" "fe\.l~"-€c\' ~\.a"'s. a.r-t. N>+ fe,,:s.eJ.. Fbkec\. I-.~-I:t:, fEeole....., '<..II \,..,,,, e\,~ ~ 1::., \;.~\.l"" \e~e-.o.. ft',~. \;'\l". ~","'T \,,,,,1... """ '''''''""",6 €? -n:..~ -\~ (~\"K.e """rs WQ'e "1Sr- veo,)~SR~ evv-.J, ~~ c;;"'... :c: h.0 ",.,.\.. (eoJ;~u,)~c\ (... w'\s",,\- ')~\NS it;- ,_>>"'\~\ feu. (r""\- D.f. t.."5 Ie ~~ j:: '-I)C.$ of\o't;- Svve w'N.ft..,f2.... 0.- (\;St SV\:ll0iv,' ~; b-(\ ~J <<p {OJ . il!S .MN 8~ ~ . . THE SUFFOLK COUNTY NATIONAL BANK :)""\ Co'- .:s.\" 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. m @ ~ "-~-~ 11:'/ I-:~ 17'1! "~l:!d I,::,' jl'j' I ;C07 iiUI I......... w ill ,JIJL SOUTHOLO TOWN PlANNING BOARD (f) . . 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 PMA.:mf 2 . ~~~ ,~~ ~UffOL.t ;~ .]- ~\,;.~." ,y~ ~,; v== ""'.. ~Q ~\ ~uo .,.~ r~. ~,~ '" +Af" ,\.<:::.~ cy ~I/./ .:L i-~~.,/ ~0-~~ . 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 - ~ . SUf!F 1"6 MS 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 j;; (~_~ r i: il :,Y:i is r""\ ! "'\ '.R~~~-O~lf,"~".L,^~,~,~"" ~ 3 ~ H . i MAY I 2 1997 , i , , L ~ Tr. C"7 n~.' 1 '=': j:,;; l--:;ToTZTTOl 7---- r<W~l.rr:F-l -;;;:;-=<:=:;rJ...l....... II:...:J ----, ....'-lL.... '..'.1. FAX . . ~ AtS 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, s..-flt in Li) '+/8(17 5 )51~7 ucs<Oss,<\ t""'~,.I,'''''.....'2.. '<II \.1.<.",1. fe:,. >J~ 5\,1;~ f\O'<J, S;/vlL So """ch\wvu, ",,-, ~<SSt'(\. 1-IeA-,'\. '"" ;11 rev;,,,,, lll"'\. 1~* \,~<\,: 'tc "^<'. roJ ~ @ ~ D WTfn) lJlJ JAN 2 7 1997 ~ SOUTHOlO TOWN PLANNING BOARD f^j 81/24/1937 15:32 lSl.~,-:-~~jl- r ':)-=.. II r=l I A'::,-=.,;:JC r;:;, TE'= PA':~E O~ . . 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 ; l:iSnl~V_I -;SCrCI,;;, TE'~ i-'Alji:. L1'J . . 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/ '.-. ..- .:.. =:r.. 15: 32 lSlc,7171'::17 \ f:-O'=,It{:.LI A'=,'=:O::I,.;,TE'3 PAl~E Ot, . . 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 ~. ~r 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 L.L................ c'_"",,-:,"-' ,)V <~_E~L_ --- PLANNING BOARD MEMB~ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDW MOS !:S.~~\lfFOL.t t'~ \\ ~ ~\ a :.c.~ rn ~~ ~ ;p.;.; ". '<' I, ~()./ . i-~o/ . 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 ~ ~\\ =:t ;;..c:. "". Cl . N CI> '"" f' ~ ~ /.:) . ~~ . ~I ~Q./ ,+-~~.y ~/ 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 ti~ . ;;; ~ Q =--" '" ,.,' 'Z> ~ ~. ~ ~Q ~~"". ~.. ~ OFFICE OF THE ENGiNEER TOW.. OF SOUTSOLD ----....- .. RAYMOND L JAj'BS SUPE1UNT:::"'1DENT 5CU':'SCLD TOWN :!IGh~ DEPAR-""1ENT , ?e; , fi5 J.ES A. RJCHTER, R.A. ;f.,I::..- ~NGINE~RING rNSPECTCR ?ECCNIC ~~, ?ECONIC, M.Y. ~el. (515) -763-3070 _____n, n ._. _ ,_ . ., . . . --.;..-=- : :) 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 rj~: '<'-^'i~'~-i:;L<'[: p \; I '!_~ ~_w ;.;,~<,.\ .' r',' c'. ") ,c d ,.. [<; I nil - ! " ! r-'.--';;~..;.~---.; I . I j I'.f ! i.' j ~ J , ! l' ) 'I I .' j ~ i 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?~ , f~~~ SERVI"TIrI'f@ . J ?(tJP= frr5C!..-r IAlT f'6~ 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 . . ~ /J1~ 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~,~ -f" Ie, .p< ~1.~ ~ i J,d~ ltVJ. ~ ."....,...-..-,-. i, "\ i"; ";J ;-( i: \V' ;,.,- '\ I", f: l LS l.l'J t_~~ U 'e) I_j l t., i i Li -----..-.-i 'I! I 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~ ,jY~.<::<~ i" ~~ l::. '"'" '., = 4 " :. tI) "".H ~ ;::,'1 41. · ~.;y '\. ~o IQ<:::'~'" "'?-- './ + ;; ,.J/ ~.y . 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 ..'" 19U ....... ...... 15-4 \1 '&d1tor'.N_StaodardDrawtDcNo.lli-a.iDehldedattbe~~tIlbIdulpCeI'. AI0812 6_:\li_1IS 6_ZS_IS -, . ~ /'15 . ., . 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 A. ",urs!:.; J.i M-t ~;"'"' w\.~R-.. \oc<<t-..~ o-f-vc\lCW\& ~ ~ ve';~e~. Aek.J. C~""e -It. c,\".,c.k. r<l5> JUN, 2 3 . I' I . (' j,~ ~ ',., ~ . . 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 < \ . . .,. 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. Me- C+/4 fr;t/..u ~05,~ ~ ~ ~ ~(1' ~ /.VovlrJ Wu Xv ~oS> ~ ~ p' kR. u1' 'laC ~ 1/0 - 4$~ . Ptuw- ~ i;& ~ ~ j\WleW VIt' ;tjr; ~ ~ 1J,MiJ?,.1' /tlefJ~ '" 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. F _ ~'.I \ , , L . , " . 4.... ;.'-' ...... ~ to I~\' dj,~ ~ .. t l 1 'sr ,:, Lt. ''-- ,,1'M, tr~ ',:I; Jrrl!:, ~~~"'..:., . COVENANTS & RESTRICTIONS THIS DECLARATION made this day of , 1990, hv i I \ 1 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" f;"' ~ " . t.::- L:! " ;;:' ~~ ' 00 ~ (iU q ~ lb 'i o' j '~~/: ,: o.f.-" i c_ , SOUl HOLD lilWN PtAtlNltlG BOARD .;;. r. r., " .~, ........ .~ . . 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.: I I I , I i i h~ I I I i , I , , , I 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 . . 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 . : " ., . ". 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 . , :::;.. . . 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 . r . " \ SubALb 1'6 tl15 ., 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. ~ ~ n w ~ ~ 'j,'1' 1 :5 \,gm \ SOUTHOLO TOVlN I PLANNING BOARO .' . .(- \, ~:-;c, ~.--~. :;j;/I( "'_ / ....~..~, I ..4./ ,.')....~ /~ - J:.,:_~_. '. '<i:.% ..._ t -~ ...-'.~ i:;;; ~ . _ _.. ',,,, U ,~= ",'-'''''",..., 'j '.",-" ""S. :.~,:' ~N ......-0 "". -''''' .....- ,/ ~-)"nl ~;Y:y ~.l..~ .1' ....j.. ---~ ..( , , ^r;-Ao-_"'''",-" 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 ~""-'-' -,p,,--,,' _._.- c' . e{ . e( r~ ''';'''' 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 . ~..~..........".....-. . ".- '.' .... . ....:-..... . ".. ........-..-;,.. ---~_..-.._-..-'..-.......... .~.. ._~...........~-~~'" : ~'........ " " .. .. ,"'~/<""".,,.~. lorm:y.J al BatU 7'hilip :J. Cardina/e Ou.ron 7/C Carch'nak 7lt'din ,-;?r}Qd ? r) /)r<1u,'r ~) >:Wl.olJlOrl, _'l..-w 7.jnri IIQo/l :ftu,nne 9t2yan, OffiC€ 7f(Qnayt?r (5/6) 122-4N4 7(u' (516) In..U77 August 21, 1991 S!.(o;:it~ ;-0 H5 7?J/tt /)U1 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' /. ~-,..,./-~ ;:1't-'( .IJ1Mr' Sincerely, ~~ L~~'~ P~~~ C~I;^LE /)" ;;c.~ h ~ /;;~ (Y~"'''''''~^'7-< PC:jf enc. 'C4rL/~ lUJJz.; jn rLANNINU UoAIUJ MI'.~IIIERS ,.....,>;." 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 .f ~I . .. Tdq>l...""l."'" 7('~-I'n~ .. Town .bU. :'_'()'J~ l\1aill ! "0 Jl.., 1179 ~"ulll,,111. New Y 01'1. II n .. SUllT l. IIAItRi' 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): (if) 3f- if:. ,/ ~:~ p 9 - >>r 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. n\! \) ~))f" a majority plus one of This paragraph is not to .. "/' '" " i / .' .. .. . - :<' 11i"\ Also, Schedule A is to refer to the Inap entitled, " Minor \It' subdivision Plan prepitred for ]\lan Cardinale. II Thn m/lp is no 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 .' ',' ,j , i~ " , r.o'. ~ .~ ,., it;. , " f' ~I 1 ~; q r\ H " F' ,\' ~ ~ r: 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 ",," iJ:.:P.'l;;:., ;..1;".' . '.,~, ~t:~l;" .. .. . - 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 '~., , ;{" ,',. .,. wil1 not fl..!t onto the right-of-wn'o~lnin !' Rand. "":;~.1.0ll;.,...."",,,,........,,., 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 , , -,... . , SUBMISSION WITHOUT COVER LETTER DATE: ~301 '1,-/ SENDER: A-let.r I '"0 I \. l'-c.1 t\'c>R. SUBJECT: 3",,,,v;, c.<~k SCTM#: \22..-3 _ I, ~ COMMENTS: 2 I. . .....1 "tt.S · C-r<L:7 ,.".., .... ..... _io.. ~F 1'15 ". lill m U::r m 00 SOUTHOI.D TOWN PLANNING BOARD - ~ 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 . '1 " ~. .1 .;. ('" r. ,. 1 ~~ ~:' I , i ~' i':. \.' rn rn @ Lt L; W rn I , , AUG 3 0 1994 LJ; SOUTHOLO TOWN PlANNING BOARD 11.,'1 ~-<\ . ",...1 ... . . 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 . .." . 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 ." . -, I . 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 , . .. . . i 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 "". , . x;, !:"~~--- i1':_r.- " .' I , ' f! I: " I, i' '/' {'iI' ,'. ',t";,1 ~f> .. ~, , . :~';~ (\. ~,:, , ' ,', ~i:':: !" ,. :f~:":'i ,,,,,I:, I'':; ; h~.lJ ' 'r.',!"J, "'t"l:' ' 'I '. , I, " " l~~:;: /" 1".1..: ,,)."~ j!',' t . :~':.;-L. \J':" It'" ", fir i:~ .'. :',1;' ' ,.'j' , ~,;; 1;., l"~ I 1.iW. 'J/,j .( .f ::':4 l(. :,1 · "e"'" ,j;")";~-~;"~I'-";'f'.-" ",i" ,,:, ';,.11 """"., .f . "",'" t'~'.""'''?'1f' ;"~I .) . '\ 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, '.. 00" East 50" I?;\s~ 10" Easb i ,; " 't :[ I' I' I I i I , I 110.00 tE!E!l;, 103.2j teet, 60.00 teel; to'the point or place of " ". ,~': 1 ~ w. ~",:t 'j "'-"."i f , 0) :"'::~4. 1;-- ", '.~' t. , . 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" .( ") l'tltl.h "08 06' 10" ItJ, ~~GtNNtNG~ .~, '1..-..... ~ 1,'1" . ;'1-'01. i.'Il'.... ,\.1 .,'. ,;{,1~.,.1 , , ""I". '.~" ~ . f' ~ut, ~u~, En t , 111:1.00 t@ell 10jl13 h@tl 60,1)0 het to the ~oint of pl~ceof ,.... -, '\1 '.~ . -, ,j' ' ....7 , " ... '.. . . I . , ~.~. " -.., . 1 t I / " IC......- ALAN A CARDINALE/REAL ESTATE MANAGEMENT-INVESTMENT ~F 115 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^- ~.B. C\wc:,'~v\.ld CIj~\~J: 1\\5 ~().u....e.ct.. l r'- CH,D. ) reu','>( ~ (-\~> I e:\-) ~Q~t ")foCQ('c9'IN<S Ul~ fev;PlV. 1500.00 .........-. - -........... . . .:X4g,p tJo;1J!:, FJuf ..J'~~ 1-1$ J 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 ''L2S' ~u . ,,;;;.';;;.4- 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 ~', V ~~.I ,..~,:~, li,' 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. ~ :!i' I' This Letter of Credit replaces #930723. i S~pcerely", { i t (\1 I IlL~~JjL-, \.J:.homas 'S'. Kqhlmann Sr. Vice President The Suffolk ~ounty National Bank "l'.' ~ . . 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 . . ~~. 'tE rf'6 "",.., 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, . _ ~/ - .""{jf r-J"V' rn lli:~;~llii . . COUNTY OF SUFFOLK . , - CiI 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 i (i) . THE SUFFOLK COUNTY NATIONAL BANK . :JTc"1" ~"" 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 "1\ 2 6 '(<"":J . U vU,,- 'j':JVO SOUTliOLD TOWN PLANNING BOARD ~ . . 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 p 676 Ht7Uy I'IO..noi rt . z \~ b..2.tl 5 8 9 ~-certified Mail Receipt No tnsurAOt"O Coverage Provided ....... Do not use for international Mail =:p~ (See Reverse) 136 197 015 ~ - _n~ ~~ R~C 'pt for Ce ified Mail No nsurance Coverage Provided o not use for International Mail (See Reversel Sent to Alan Cardinale s~: tl'~. Box 77 p.&1:Jtfe~i~tI'1:k , NY 11952 Postage .1$ ,f)-"l - - ., '" '" ~ .c i! .. ::; o o - Sent to Henry Raynor Street and No. P.O. Box 1459 p,o_. Slaleand lIP Code Matt tuck NY 11952 Posta~e I.. ..,,, Pl/Uln~ ~... - '....TallOR.' F'QSTAlSl'PV P 281 100 720 Receipt for / 174 C'f'nified Mail I N. i: l"lurance Coverage Provided [l-. p)t use for Interndtional Mail lS._.r, Reversel \\'tp <8, '"' \" ~ Receipt for Certified Mail TOO No Insurance Coverage Provided =' Do not use for International Mail POfo.....5ERVlCE (See Reverse) $enl10 AI-- COAdinoiJ..... Street and No 12.1.- -1.<1- PO_, State and ZIP Code "entlO c 'I...., ~\O..{\{\,(\'l ~a. ~ Certified Mail Receipt x:. No Insurance Coverage Provided ....... Do not use for International Mail ~~ (See Reverse) Sent 10 1.>>.-3-1.1../ Alan cardinale p 895 937 339 Pla.nnint Z 13 197 008 Receipt fo~ Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) ~ - tlMTEDPUES POSTAl. 5aMCE ., 8l ~ nor" Street & No. P.O. Box 77 .c i! ~ o o - P.O., Slate & ZIP Code Mattituck, NY 11952 Postage $ ,'J.7 I ,db ?? Planning P 281 100 715 Certified Fee Special Delivery Fee ~. -- ",,"lD3' >'OSTllSl: Receipt for Certified Mail No Insurance C.'ver3ge Provided Do 'lot use fOf I:lte,"otional Mail (See Reverse) Sent to Alan Cardinale, Es Restricted Delivery Fee StreetalldNOp.O. Box 77 p,O State and ZIP Code Mattituck, NY >- Postage $ "- .32 , ""' Certified Fee , 1. 00 '"I Special Delivery Fee '\\ -- Restricted Delivery Fee o '" ~ , ,00 Return Reca,pt Showing ~ to Whom & Dale Delivered . o o -, 1. 00 2.32 o o CO M E " u. Alan Cardinale, P.O. Box 77 Hattituck, NY 1;>',).-;'- I.t Esq. 11952 1111 nature (Agent) \".11."111,1,,,1,1,,, ,1..1,11 11. December 1991 * U.S.G.P.O.; 1992-307-530 PS Form ,_ _~ "'"" ...n". VI ,,"""", y. 3. Article Addressed to: Alan Cardinale P.O. Box 77 Mattituck, NY 11952 6. Signature (Agent) I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult ostmaster for fee. 4a. Article Number P 281 100 715 4b. Service Type o Registered ~Certified o Express Mail o Insurea o COO o Return Receipt for Merchandise 7. Date of Delivery .-/ .e,,!^,es JdleOell umJell ::J :.') ~, 8. Addressee's Address {Only if requested JI: and fee is paid) i .c I- DOMESTIC RETURN RECEIPT - "Consult. .ostniasfeiTO-rre6 4ap At21fj N'g'l\'~ (; 7 6 4b. Service Type D Registered 1i1 Certified o Express Mail 7. o Insured o COD o Return Receip Merchandise 8. PS Form 3 11, November 1990 "u.s. GPO, '99' 287-066 DOMESTIC RETURN REC 'lJ 3. Article Aaaresseo lU; .. ~ .. ~ E o " Ul Ul w II: C C <( Z II: ::> t;; ~ II: / Alan Cardinale P.o. Box 77 Mattituck, (122-3-1.4) (Ad ssee) 11952 NY P 281 101 491 4b. Service Type D Registered ~ Certified D Express Mail D Insured o COD D Return Receip Merchandise 7. Date of I~( s-=- $7 8. Addressee's Address (Only if req and fee is paid) . 11, December 1991 "U.S.G.P.O., '99'-"'7-530 DOMESTIC RETURN RE 1.0 aSllverea. o "g 3. Article Addressed to: .. ! E o " Ul Ul w II: C C <( Z II: ::> I- w II: 6. ~ ~ J! PS Form 811.. December 1991 Aliin Cardinale . ~ :s .~ ~ ~ $ f tIl ~ !1! E- 2 ; .~ ll.- ~ tIl ... ,0 -E .E~:: '0 (\1-0 ~ C ....r::-o ,g :g ~al ::~ .s~ > . 0 0 ~ ~ -l; ~ "C ',~ <( -.; 0 0 -" "C ~ 0 ! 0 .g ~ -l; ~ 0 "C ~ <( II: 0 0 ;;; N ! 6u!sn JOJ noA ~ue4.L "C ! o ~ ~ 0- !! ,; .! .E ~ o ~ S U") o o Q) 8 ~.o ~E,......, o ~ '" s Z ......-l U.!! u'-C "f("') <(M " ~ ~ o c ~~OO >,' 'tij >--<1 ::;; Q) e "'0 U II) It) ~ 'S: 1;) ~ CD ~'~'i ~ II: U w ,gO ilj] 0 " .E I~- '" >- c Q 0; SENDER: 'lJ . Complete items 1 and/or 2 for additional services. -;; . Complete items 3, and 4a & b. ~ : . Print your name and address on the reverse of this form so~ ~e ~an CD return this card to you, > . Attach this form to the front of the mailpiece, or on the back if space l! does not permit. . . Write "Return Receipt Requested" on the mailpiece below the article number. -S . The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: ~ . .ll~ E~ E.s cO N .!!'O oct o c ~ 'f: ~ :! ~ ~. II) i~ -5 .2-8 c .. o ~. 15 ~ = 8 ;g.~ i E: N '~ 1-5 10 II) ~~ 0') ~ 0 ~ .... ... b!: '0 tIlo 0')........ .. C CDI; .9 ....1.0> Cii ~ ,g :Jo - O-'-Z _ ooii~ - 2"'ii c ~ en ~-g ~ .! 0: - i >. ... a lijlV'O::i; .g.~ : C\1 ><~ ,f .....Mlijg....~o.lDc:::OU ~"- UJlII CDO E :'ijj ~ ~m. ...._:J <(r E E E... 0 . C g < ti;..,. -~ a:..H~ll:;~Jj~ .!! cc::i~ /.', ~~r~, . CDCD:::.U..l:CD"''' Q) .'''' "'I~+:: w~ig.:E~~~t-ri'E :I:a...:E cu cu QE~t:"'~g~a::!!< i'i ~ Zoo'~E::: 'l:lGl (ii -I(ii woua..i!o:(8~l-iM en. . . ~ . '0 . . '0 ati cO lep,s eSJue, e~J uo peJ810woO SS311aCV Nlln.L311 ,noA II c ~ ~'f :g e tIl 'G <II "G Gl E- EGl C ! 'G 1-5 .g II) E ~ g '6 -5 1 O..l: ~ . C ... b ~ 1).0 0 '0 ~ oS! -olJ = t: tIl I; 2 ~:~ g 5-2 o '0 CD UJ ~-g~ 1 0:_ ; ~ -g:i; ,g. ~ ....M <II g.... ~ 0. '" 1II CD 0 E ~ 'Qj EEE"'o 'r::~ ...~.~ ~~:;.~:;~ G:!!$:;u:Si'U5 ~ WGl Gl 0", a.El:... ._ QQ.Q.~:S"5o~~-g t:: Zg~.5c ~r::''f:li < wuua': :;o:(~~I-~ M en. . . e...g . .-8 ,; " .~ " " , ~, 0- .;; u .. II: c ~ ::J ~ .. II: . o . i> ..... ..... "C ~ o o !! "C "C <( (j) .-4 co 0:1'- .MI'- oj ~ >-l X () rtl 0 " U P'1 +> .M +> +> l1l "'" .~ ~--- m -l; >- "C- ~0\. < ~ :.:: ./1)0. ~~. ~.~ o a~ ~ "- ~ "C"C ~ "C C o <( ~ - : : , "': .E I ." " ~ o - ;; -s ._ o ~ . ~ E ~ .!2 =: c o S >< Z 0: . rilO .-4. ..:'" 00 : ( ~ 0. 0. . ~ E ~ u ~ o ... ... co -7" <:::- - c: ,.....- ~ /& Ol Qi'-"O "'{ ...:. Ol E " a " -4i :!!, \ ~ ~ ;J .0 _~ II) ~ ~ .€ ~ '.;u ~ ~/j3- 0. .. " ~ -L~' ,... !"i'l~J0;;O 1."\Il~ ~ ~ ~,c I:: ,." "---'-.- ,.."a::-;--cn - ari cO L8P!S 8SJ8^aJ aLA uo D81aldwr'l~ C"C"~u....,..... au._ . _" _ .__ P.o. Box 77 11attituck, I.,," " _1.'1 5. CSi 4b. Service Type D Registered ..'., ~ Certified D Express Mail D Insured o COD D Return Recei Merchandise 7. Date of Delivery 8. Addressee's Address (Only if re and fee is paid) DnMF!:TI~ AFTIIAI\I A. g "C .. o .. I!! "C "C <( .. (j "E <( '- g~ :rr ~ ~: ~ ;pa~ ~~~ M (I) "- ~ . . ~e. Fl U::: - .........- -- !?olll!> FlU:. ~ 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 ~~~~:;: ~ _.~._.._..J SOUT~!'~!',) ': p\},,'F"" , 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 ~Itl.nl,l T_..~ rt~..... 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 ., pz:arz <'-'i>\)ffO~. SSJl" t'a ~ ~ ::::. ~ ~~ _ ~J ?to./ + "1-~~' ~ ., 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. .( ., Please contact this office if you have any questions regarding the above. ~~ry trulY.J)oyrs, I, ~ CI~t1) /J. Bennett Orlowski, J~'~ Chairman enc. cc: John Bredemeyer f , sufft t.b 1'6 fVl5 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. \ln~~ ~ \ \ , '~'5\~ SOUTHOLD TOWII PLAtllllllG 80~RD 1 f ;91fftlb' It> 1'45 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 .' . "' _,-:)):21.--;','0,- jdP!~~UffOl~~ ,V s:::.VrJ.t'~ '\, ,f!~.l, ~~ ;:;::, t. """.. \' .~..i';;:. ~j'." ;;". :;.: ~ v....:.. _,', ~j' "(::).\'~.''. . ~..~\; \\ /YA "-~~-"? ':~~:'O'l .:;:- .,;~.') ii:' T;_'C 12' 1',jJ' <.>; ::r::c'j,cf{j,!-' . 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. L . <e ,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 . C{, (. J 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 . 'I'la)j~,.>,__ ,{Ji/J ':;, ,(I::,:...,~ 'allf,FOL.t ~, !~~ " ~\\ I,:::> ti "'" ',' (~O -. .,.:; lien :e~ '~,~ ,~, ,~(/ \~; ~O'coi ,'{,~ (v ~, '1", ;'1- 1',OY '"',?:. ;r ,~(.. --v--Oxz::,'lJJ'~~ . 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 ",.......-..-.. ~ ~....-.. "-'--.- .{ .c 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 . ........c.:....~ ..................._....... ;".- .._...-..,.._'.~.____..._'_ ._..................:;,.................;,~.._......,...'-'-. ..:._~-..'"'...,......_..:..-'.......~~~ . .,~ ~, . ~. .......:lI: ,. . . lorneys al Baw :;Phi/}p ? Card}nak &uon 7/(. Card/nale 7/(ain %ad .7' 0. 'l)rawer l2J J/ameJporl, Xew Yor~ 11947 1I00nne :Jayon, OJl}ce 7/ranajer (S/6) 722-4744 7= (S/6) 722-4J77 August 21, 1991 S2(orit~ I'D 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 ~"'"'"',,<~ fi~t' ./111/1;>7 Sincerely, ~~ /z{~ P~~ C~I;ALE .~ ;;?h ~5 I /~ fy~~f<?~ PC: j f enc. 'C.....j<4.-->-- 'l<J&; rJn '. I . . .. 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 ~."p~','Vi~", Tdtrhll"t f.~I'" 7(.~-11}.1~ 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. .' i / , . . .' ~ .\ . 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" . , ..\ ;( !.,. ;,t;. . '. f-:..I i: :.~ i::7 I'. n ~{ I"~: '. .~ \'. ,~ r; 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~ .. :'- i',n ~ \ " 11" .:<q,:. . . 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 , . . -~ ','i ' , ,I I. ",' , /' g"':I" .:1 { ',t;, .,. ',," , , ~, , . : j" . ~~ ::~ f~ t , ~ ~. ~. " , 'r,:,~'/ , -~ ' ",I", '/j;:,' . \~I:.;!'. I: ,(.q: ~ f:~.'! ~'l"'. 'I.,."'" 'fr; 1. ,~: ~ :;~ [ :f(j: '" It ::: ......1 I .I.-.r!, -\/'t..', Jr.,;.~ .., , l~: l '. '," f{., ;~,:.- . ',~~'l t ~.~~, , ,.,' .. 'l;l~~ , ~.' Ii " '''l'' . ';:,~: I J ,:.~ ,; f. ;:';I:~' . ,',;;. I. . -( '\_r,t,t . .;' !!1. i I' j' .';,,_ I I ! I' 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. !'. . . ~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 .. . , ,". ,~. I ~ l:/. '"-" ~, .;: .' .-, '~)I . '. ~' . \\'. ..! ,1 '. " 1t~ J:' t' 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 ",~ Ib~ntNNtNn, .' .; .. ;:1",\;, "'<"J' ~\ [,d;,:; " :,~f,~,;l' ,I ....:I'fl . 1:': '.t__ ~l.... f ~:.. i....,,. t\.i1i/~ ~ ;~~ i I ! t . 7 (J.. -. ji ']' .. ~ ~ t ~. .. ~ , E!lIll. E!lllt, ~!Illt , 1 '1t1.00 tl!HI 10:3.1j hl!tl GO.Otl hIlt to lhl! ~O!ht ot pl~ce'of " 'If -:'! . .t. .:! t. ".: .'~.~ ,.~ . ....'... ., . . ~(vOVENANTS & RESTRICTION~(' ". /"':' ~ ,'.-". .. . . r, · ?L . 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 . , " I~"""C'" .... . . . . ......... ""<':". .,. ,....,.... ..",.,,........... c....'''',...r.:>-~....... ,,-..' . ,'. ~ ',- . .'to' . ...... '.;, ~ ~ ~- ",' " . ',.. . ~ e( e( , - , ~~ 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 . (\ .\ fe\ , J SUeFi u:; 1"\'5 Pf;> TRUSTEES J"='>"~ ,~, ~\l. t.....FDL.r, . "'~ y ~> .,." t'a .il~ "8t' <:?" i( J..::. '-'~:'i: -~~;_' ,.-; " ==> .... b;' " ~ ~'; Q',';.- :;,~~~ ;i~ .. ~ \ Cf> ,~j. \. \liIi' ~t :~ ~ '~l.-::~I' !:;!J,l \\ e;;>., ,:'~ ~., . . ~ .r ~' /"-. ~'<' /j ..;;!'J.( hI ..:;:O,-yJ" -<~p 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 '" : ~ J) ~~.->'~':-- r' .I',J 1,:'; S;=o .,. i' ~'- ,-c. J . , f . "-..-- . . , 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~ ;'t3 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. ... I 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. .", @~~I}) AUG 2 2 \00! " ~./' .f , . . .~- -. \ . 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 . . < . 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 , . .t' !q'" i.,', " , Ii ',. I, '~J'l. '!\'i f ff,li' '.1':,1 ;f.r' , , ~~:/ fl', ; ',;. ," . I"~' , : )~~;;/ I'~' , 'q,"'j . I ' , "\.,:f',"" '\"\' .. , ". . ~ ,. ' i1!r-'I,' ".,', " "I', I. U 11.,.. !:''''-;,'j I';\'{ I"J"', ' t" .", ' Irt.:; , "",1 I ;~:.;,:1) ~llt ;,', I'f:lit' ht) " ',\T'; , .)"t,'. ' \'\\ . lIt;', ' 1 ;;'~.', . II"'" i I' l~<; , V" .1,!!Hl, ","; '/' ", i '~. . :!i'i {' :~~ ,'~ ' ,;' 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 ,Ii , ,... I~ . I it ~ll t '-fI ~t .;:' '-"."1 .. ',~: ", "~'" '.. '" 4 tt~' :'1 Ie , ,'1[..,. 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 \thj'>>'. 1~) HaHIt ftj8 10' 50" Wult 1111.01 hltl -1'11)'':1, 1ft) NlItlk 11& l~f 45" Wl!Alt 6j.,61 fIllll '~jl.', 1) ft6U~1t O~& 11' 15" Wutl IH.j1 rUll , ~r . 10) Nllf~1t 14& 40' 45" Wl!!l~, 1j,1l6 feel to lAnd of rAhtftleol lu""1111 ~1tl!Rel Ai6ltR !lAid lAftd 6t ~!lRtAil!6 ftltd o~hlr!l North 48" 00' "lOO" IAll, ftl~,~lJ tl!et ~6lhl! "llfthl!AAt t6rltlr 6f iARd 6fLueaA; 'idtUIIIlllll ~1tl!"I!l! alllRA nit! iUt!6f Lueu Itftd llt;hl!r,'~Nllflh~ ~18' 51': 40" ." "utl MIJ ,41 hill l6 lhl! Ullurly Hill! of' MAiIt' ItllAd,' Il11UU 25 I ~. (!"Iil IUIIII III ~ltne. AleDI u.:ltI HHl! llt,l! te116WlltA ~krl!e e6UfllU ud :t'Il" t!UUDeI!ll ;,: ' 1) N6tlh U~ ~6' IHI" EUlt 1711.1lU fIlell '., 2) N6f~k j1" 01' sti" ~AIl~, Ib!.Z3 teetl ,,\fit. :J, N6HIt :Jtl8 tl&' 10" Eub ftthOo tut to the point of Il~~ee'of . , .t. ,DMINNINtJ. - ~l" . " ' 'II I' ~I;" ':~';." - '1 . ; ., . ;d, "J \.,1 I.: .It.~ I.' ..~. . "ail'..... " . :., .~.., , ',.'." ~~ . t --.,- t) . ,,1 :'.,. I /' ',' ( r ' ~ ~ 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. r"~ 7 t-\UlJ - \ I ,-_-. t) . ~ 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 ,.__.._i':::);,.~,_.,.~,,,,,.......,,,-,_~,, ,,:_~_:<::,......;......~~,,;~_~ 10 f) . 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 , .......'r'_.......... ,....._.,,""",.....,.I'..'f_~.~ .< ~".....,_ ,.,.".........,_->)..."~._"., ":.'"oi_.~...~'~.,..-. .:_.~-.;:.'...;..,~;,.~.~..~-_.c_~::..,;.'~~~ '.-._;,~~i=","_: .,...~ ',.. ".'. ....~..~<-.'~'\;-.,.j:-::.:-.,..- _'" ""-"H~-"''''' ....;..; 'Co,.';-, ';'.i~~. SENDER: SUBJECT: SCTMlI: COMMENTS: .. SUBMISSION WITHOUT COVER LETTER r ~~ ~~~ 12-- 2--3 - 7- '-I - S~~f 2:,~ f l' , L 6 \99\ . ~ri~ yt//S \ \ . .' .' - ........-- -...... .~.. ,..:. ,";: .~<~:-. .:;\\>ti.~'"'''' 'f~'l~'~;;"~'!""'_"',~~'::;."t~~" \~':~Y~,'1:';:"" . "C, . ,", , '. ',<~.-.":.: ,:;,4..,_~~'"",:",;~,;,.....:.......~.-.-....~~,..,!lIo,;~...J'" l.'~ SENDER: SUBJECT: SCTM#: COMMENTS: "~-"""''''''''~.'-.'' . . SI.U~~FI~ f1.1-S SUBMISSION WITHOUT COVER LETTER ^ ~~~ , ~~~~. /2-- '- _ 3 - /. '--I "2.... ~. FEB 2 8 1991 -'''-,~'''''' . - '," .........-.--..,. \ \ .-'-,.--,,' '.~..,,~..... ~~...._.~~..;;..... T;:-';/~4 ~ .tJf'~ ....?',z,7'l ~ /&/2n- /~~ , ~_ /'~ ,eh u; /~ ..?~- // 97/ REGARDING~__. ~ c:::/'"~ atJ~,~ ~ ('-;;,u,~;',~ DATE: /~-.2.1"- .Po ~ 7p~-/ CoP'? .f' o/~ ~-j //~<--;4Llle-r-Cj ~a-uL ~ ~/~ ~..d ~ ~Jt ~~'-u:~-r ~ -w ~ -:7 ~ ~ ~ m"-fS >t~ ~ ~~ ~L 4 ~ o/~~~Z?d nz~~ ~~~ ~4 0a~~ a'~~. c%~r-r~~~'uz~~" 0/ ~~_z,..-_. ~ ~~JAN-31991 ./. ~-r ......;. _ Jlt6f1~ ALAN A.CARDINALE f?1.5 P.O. BOX 77 MATTITUCK, L.I.. N.Y. 11952 516-298-4223. '::;:,~;::;';.~:'.!t.'I. .-, }'\~ ., .~"\'j':7:1!'~rc'f:'"(;r:ml'irlf:"IiSf!i,e",rN'Jf~;f'ii:""ff,,,,:q~;,,.,~,;q;i'!",.:' ~i<il;':""'!f,,; tOVENANTS & RESTRICTIONS . '.... , ?4 ' 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.. """"-" , ,,~...~__ ~"_~~ ~~... " '~~':"'-jft ,"'.";..,\' "~<Q-"'"""""_~'rM',~J~M~ ~,~~~fit~~~'~I"'i~~f'~~f~\;~t\,H~~.:-;,~: ~ . . .; 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 /l I ".-"""'" ~ . . 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- . . II ;,1'1/ ,. ," i". r' " , ' j~;':... d".:.~." ~-t. ; ~ ;t ;J!""::"" , :~, , ~ -. . , '~,i" 1 '~,:. ,. :;,\:;/,., , " J ~ ... " , ~ . ~ , . 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. · . -.~ . . ,'" ~ ~ ,.: J ~." ~: ,;..ri ,.... . . -"'", ~, (l "~'(' . .,....<0.-.....; -, . t , . . Sl;IU;UU I.t. & ( ~..... ,~ 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. ...,'. '.~~ ./.;.,: . r,,';:" ".'j' ;t'\~ . ",{ht" k"l" , :' . East, East, East, 170.00 feet; 103.23 feet; 60.00 feet to the point of place of :'it '. " I (l ~.~. " , . 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 ~'~" it ~:,), j",p' I' ",J j :iIc'" ,,' I' ,~'.~ii, , i!l'~'l' ' ,,~; . , . ...; (': ht! ,f J,'te P,.e....'H. ~ /) ..., . . :,:'" I ... 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: { < it:" , " :' ~ , , ., ~ , . I::' j (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 't', beginning. p ....:.:. 1~.;' ~ ;( , . ',.. J.'_,.. " ..~ J. >,:);., . Of! :' . ~ 1" ~ ..... ,. ! " '. ")' I <l :..d, !t- '..,,' " , . . . , . . '~;, S lilt; IlIJl.t. i 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) ~~:;,i~::~:;:::i:!:;:':;::;'::i;:i::: :::P:;:~:::;;;:;:~:;::;:::;:::::hb... 4; 'f,.the following two courses and distances: .", 1 ) .,,, 1 ' ;;,:, South 83 11 50 East,33.77feet; t ~ . 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. i "f ,~ f' ~ ~.... , 'I '4- ,'~ ,. t ' "'.1.' " jd-: ' East, East, East, 170.00 feet: 103.23 feet; 60.00 feet to the point of pl~ce of ,t i, t " <.. ~ l . 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. I -,>:::~.....::"':~. .j::~'. ,::;:(;' ','; .--;.~'" ,y . ."..-~'\ l .",1.,1\ ,-"l..,>_ "'t.~'" ~"" ;~-l?'''~Y'' ";'f", '\\ . " f~-~ "" t _ ,,;)'~, ,.~ "--:'~\.-") "J':-~ -I _.;\.."" -,"_l '.j,''''' ..... ,.,r....,. __ '.: :r ,';;" "'1.';"" "",'",, '--" J \r;;.;,.~tJ~c~~\y ~~..:.: :'11 .., " "-. 0: /y '"'" "",/ "" . ,'i;J .--..;:: ,..~ ",y ~k~ ~ Sl/!!J[:,L{; PC[( F (!;olll i) ft, 1'15 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. ~ ~ ~~ Judith T. Te~ Southold Town Clerk September 26, 1990 , . '. 8 ." , ~ S1l6Frlk PE:R.F &;1117) nCf MS 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 $78,780.00, all in accordance with the Town Board's resolution of December 27, 1989 approving said amount upon the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. /7. jJ..::/~~ ~T. Terry rJ Southold Town Clerk September 26, 1990 SEP 2 8 l'.V~I-' ,1..-.,), 1,/,-. ~ t PLANNING BOARD MEMBERS Bennell Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards SCOTI L. HARRIS Supervisor Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 September 18, 1990 Alan A. Cardinale P.o. Box 77 Mattituck Shopping Center MAttituck, New York 11952 RE: Proposed Subdivision for Alan Cardinale SCTMi 1000-122-3-1.4 Dear Mr. Cardinale: Enclosed please find a copy of a report from John Bredemeyer, President of the Board of Trustees. The Planning Board requests that you revise the Declaration of Covenants and Restrictions as per the report. Please submit a revised Declaration of Covenants and Restrictions to this office. Very truly yours, ~t:P~'1 fJ. Bennett Orlowski, Jr. ~ ~5 Chairman enc. cc: John Bredemeyer TRUSTEES ( . .stleFi l.E: 1'\'$ Pf;> 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 . 'i~1 ~ [P; ~ ~ :J J ~-,....,...~:_,.. I '. ~ lW~: SFO ! L... I ~' , f" V~..-' ~ -, .. I TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill , ;:5tleFi lL I"\S Pb 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 ~., 'Ie';;,;'!; i.!"! t.S b.l' II!!.,....""' . h U~1 ~ In UlrSEP - 1 'C [ L. ~: ," - ""'.....""..~,}. , t " .. 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""" ~ 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 ", c.. , t:p - 1 \998 S. TRUSTEES Pb' JI1$ ~ 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 ~~ :\ h SENDER: SUBJECT: SCTMlI: COMMENTS: .~ . J SUBMISSION WITHOUT COVER LETTER ~~ ,~~ /0 I:) (J - /?-- 2--- -) -/ ~- ~~~ r -I L/73:.>, <:.. //5 ~c. C/~r .- / ~ ~fT~1 ~ ~ J/1~ :/.-- ~A . _~1_ . S--rr r - ,. ,v7~--- . f'- IF- fo .. oOj I , , - ......-.- . 0 ""~""S.' . ',i..,."",., . . . 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 "I.o.~" ..... I ~.''''.."f' , ~-'!/~j ;':' : .. ,..,. ..j. ~)tI~I/ J", II ,~. ".- ,~I$i..,J ,'~i~'", . 'Jif, fr.... ., ,'. " ,.:.' ; 'J,' {S ,'".: f~: . ~ ; \ '.:, ., t.",::' , /1 " . . ...; ( h ~ ~f oJ' ~ 1"',.(",... ,\e .. I . . 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. . -: " . . ~ " I , i i ,: Ii " il , I I, , I I 0 :'-..-.:"~' ":" kr. II l"" i ii:.. I ' " of .... . . :iCIIUJI/l.t. i . 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. " " ,'i"l" . ~.". I,tl! ~ . '" , \ , i,' ~, . ' East, East, East, 170.00 feet; 103.23 feet; 60.00 feet to the point of plsce of I ,. ~':- - - --- - ---~- -- - - ~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 i . '.-....... I'( /3.9 MAIN 6'1 <!' 0/ .<24pho-lt' ' d,rf drlv~ . . (t tH /3.? , ROAD ( N. Y.S. Rte. 25 ) p~I?'}<!,/)( -to be a.sphaj(:lo ~u// aep/h htrf""een Curb. t" ")</$ r'i":J po.vtrm.." ~ zo prDf' "f fJo."(J('//~ :: ~<J\ 1>0 "s ~fT"\ <. (J) :u t. \Q "():J :u- ,;fT"\O .~ fT"\ - <'\,,^~ \) Q "'r"<. ~1> ~Z D '- - Z G) ....:s. t../C.. 49,,/ g PEeo _ ( 516 ) ~_ 0 P.O. BOX 9 MA IN ROAD SOVTHOLD, N. Y. :: / '1./3.4 .,<;i".... , "Tc _ 13,'10 jl>ro ,c;,,,r.J> . ~ ..~ TC:,13.flo- o LIt., I"?/!''W :JUNX..t3 ra.,'1 406 /O~U:lI..-I1 0,... R~ ~/"" /Jew Jr..>'"oL C" ro.; I N.Y.S. OePAR,TMr=,v"T oF- T.teAAI.s..-::bIZT4.7/bN .sPEe-S ~ 1'(/3.2 elo.J/",'Y . !l.v',!,-e rOf..,( ';0 me<>f #')I/;g-"'f !1"/~e- r~/ I I" 4 LOT I'IEW GO/Ot: RAIL f''>~; - : !J. 1;)90 l ~" . '. K:C';' . ,-c.. ~ . I--- P-, Li",dJ A"chcrA"J~ (dr'v~w.y) T,n";I)/Z.( ~~cl,o'" 13'! R~I 'e-~i'~1I 4.....~'71S.~4-.w~PqJf '2lA-..3~1/4 li:1 Ct:NKIY{e t2hc!}or 5 o.t&,~ . A .. 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 36"'$ C/CA.1J$ A c~re-f~ 3'-0' ~ l t. ~ ~ T,r""n.1 Sft:'~n /t1.rfilJo/~ '4ra,( a.f "~O.G. t-,. !j+ '. a/k.h__ I""a..s . ~ ('2 'PAr. n.1.~ /11 . r~;1 .f"o1"{k>.JlftO'1I4$ I : I . l PlAN 1138_ R~' rDf.,fe.:l. ~,,' 1J-'14'.'_.19'/~ tt vr.,-''' tfcH,,....-.,..... 0 pr"lruf1l.c ~,. t'.p r6," GCJ;J" lop ~ allot.. 'Z"qP Go" of ane.n.r rod..# V....'!#"~2.1.It's oN/''''14'~''o/.. I I . .. ~ i .. ... ., ~~ \: --4 E.L/sIIATID,J OEr;A/l. 'A' 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 ($78,780.00) U.S. Dollars available by your drafts at sight accompanied by this original Letter of Credit and: A purported copy of a resolution of the Town Board, purportedly certified by the Town Clerk, which indicates: "Alan Cardinale has failed to complete all of the improvements in connection with the subdivision may entitled "Alan Cardinale Minor Sub- division" heretofore approved by the Planning Board of the Town of South- old, and that as a result of said failure, there is due and owing an amount equal to the face amount of our draft. Said resolution should also indicate that the amount drawn hereunder is for the sole purpose of completing those items of improvement which were to have been completed by Alan Cardinale." This Letter of Credit remains in force in Riverhead, New York and must be presented for payment at our counters or by presentation to the Suffolk County National Bank for collection at our counters not later than August 7, 1991 and all drafts drawn hereunder must be negotiated on or before that date. Each draft must state that it is IIDrawn Under Letter of Credit of the Suffolk County National Bank", No. 900807, dated August 7, 1990 and the amount endorsed on this Letter of Credit. We hereby agree with the drawers, endorsers and bona fide holders of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation to the drawee. Except as otherwise expressly stated herein, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publication No. 400. .., ^..,~.",...,"._._.- ----.-,.-- I ".. Sir;s;-\,rely, /? / A-C dCC~ /--:' ~-C-dG David T. De Vito Assistant Vice President :i t I "S"(.{~F='Il.f: p& IJ .cn;..e...l.$.:sslt'Rh RA~~~ June 7, 1990 Mr. Alan A. Cardinale P.O. Box 77 Mattituck Shopping Center Mattituck, New York 11952 'SCI~ IOZ'D- /2-2- -~-I. t.f Dear Mr. Cardinale: Our Case No. 90-77 James Creek Subdivision Route 25, Mattituck Your April 30, 1990 Submission ~ - ~) - /. '/' 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 - Attachment r.r:~-. ~-&~~. U \~ is Ii !)),~l..",-.._P'_" I~Jl JUN -I 9X) ~]TiT[jUil;-T;iY'" PLP,r~m:l9...:s~~"::~-,--- VFL:JL:JS ., . 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 t t 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, ~(/d~,;'. Bennett Orlowski, Jr. ~? Chairman \ ! . -:5t.1 bPI t...C ! 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 /-;>. .L ,:;> / I! " "1 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 I ' . . .~ . . ." 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 \ so as to provide two separate . ',i bp;; - 9 1990 . . and distinct building lots, each located fully within its respective Zoning Use District, 3. The following terms and conditions shall apply to all ""1 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 . . 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 . . 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 . . 'I '. ., . . 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 ',;, ! ii , . . , i~~';'zr 1;,1" "," tr'" . . , ...; r h(O.I",.'~ '''''r,.,. ,\e ~ 11 " l , . . . 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. .c. , . " . '~ :.... ~'I' ~ ~ .. r; ',r,,_ , I I, I' I, , , i , , i. I I Ii j :i I , " ' ., II " ,. " 'j I ,i ;1 ,I !' I i " .) I ! i , ,',;'" :1.,':' " , i i .1 i I , , 1.,' , , . ..~~ "'.0 .....,.' ~.4 ~. I. ~.,. ',} / /. . . :.," , 1'.' " '" . ,I 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: ~-," :;. : (:' Running thence along said line th... following three couraea and '" distances: il!~ ' 1) North 44. 56' 00" 2) North J7. 07' 50" 3) North 30. 06' 10" BEGINNING. :il:llt;UIJI.t. 8 " . - I. . ....: ~' ';;"1 ,i., '.~l }/:.. l"f " ; ! . ~ . :\, .' /1';." . f, ..... , 'I ., ,.l ..~ ,. I ,~"~ \ ': ,. .. ',' '. East, East, East, '170.00 feet: 103.23 feet; 60.00 feet to the point of place of ' . ~ to', ,r . . 11 " - ~..- .- ~ t a. 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: t SUBMISSION WITHOUT COVER LETTER c~~ ~~tf /00 0 - /1.-)..- -3 - /. V- S-~~. ~i m~uua [ ~ -I!m S.:lUT(-::: pI' ' . 4v-A-r: hs ~~ , I -:su..8FI u:: ~. t t pe, - . MS ~ ~K- -e'li. !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 I).. 2- -- ::? / J - . d 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. ~\.\;.M'"-.l;-';;':. F....':; ~ 19 lr, 1:' ID r'~'''~' \Uu L;,c'9 ~ ~ ' ',_,.,......,,_.~.i ... . . , ., ,...-- - ~ . " . Hr. Alan A. Cardinale 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 ,,^I\K \ 9 \990 . t t " 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. ( . 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. . . 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 ., . () COUNTY OF SUFFOLK .r '" ,-' " ". ) 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;/ I -; V-S Bennett Orlowski,Jr. Chairman encl. hp . .. 1 . 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 / ,,4, S 8S" ~<v. ,~ ~ ~ . , " ..~+~. D ~tj .0 ~ ~Q +~ dO 00 ,~ ,\0, , " .,~. t'l..' ~OO _\.1'"' .') ~. ~tJ' / / I ; - -- fo' Ilf 1T' 60 PE7ECO E REALITY -""'- ". 4.. ~. \.. :uw ~ / LOT 4 AREA = 6.2/0 ACRES ... .'" ~~ .<; 0" .... ..0 N.B80 55'2 FIRE 0 SCHOOl APPLlCA ALAN CA P.O. BOX MATTITL I "'O/F TOM'$ llIIVI S 8S" 11' 60" i 214.19 " ... ,I 'w.o .. <> .. I' . Phone Zg8.8883 .. .. 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 - I,'G BO" 00 ~..t.\ ---..............'e 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/ \~J:SU Reu .. Se 6- '9-/:}b /8'\ , ~ 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 , \ \ \ \ \ \ /" .. .. COVENANTS & RESTR n -'- rl ft. u,\/Jt. !, 'II . ; " f N~7~::::;; :::91~,o::, 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. .~ . , \ \ \ \ e) .. 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 t c 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 \ \ \ \ \ \ \ \ /"" . . .. .. COVENANTS & RESTR Alan A. Cardinale, residing at Main -'- l'~ Ii i';/ i~ ! .' 'I' '...",....:. .....,... ; .' I . ; 'I 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. \ \ \. ,,-.'. , . "," . - I I ~ .~ . r ~a( e('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. ~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 'i;1 .,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 . ,,\ <_.v; " /,,./, - ;1/ / . . i ,..>~... (~~ '<--\..i.)~~t;;>j/ -/ L;,~v:/ ~.""r~~""" ~ 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 ~'''''~'''r ~,,,,,. 4 . . ,( .tJ.' . i' . " - 1 j' I ;I' J ,,,,,,.~.F~.O;\" ." '~'~'"fr;::~".:~vrl. .,." ".-' ".,,,..,,,, . , ' , "...~~ .~,...., - . . < '':t. ~ T "'F ""'f ("" ' 1 ;'" ; ~ ~i , ~ . SIOHIEV' B. BOWNE &. SON "I - 4::' Ma(lor Aoa Smaht,:;w;~, ~..;. Y. 11 (51fl) 724-01)1 ~~V"V ~~, ~~ ,LX ,~.-'t1 .;,P-;':':f:,"'~~'~ , . 5t ~. ~.< " \~ '. t~ t, ;');. yt .'~ , '~.. ,~: f~' li!O;AI'IQAMvr, ~~lil"'1. 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'-, . , \W-"''''v-frv r ,fe"'~ .~~:=""'!\.t~~....{Iff'~~?f.~'?"'G:: ,J I' .. ,.::..n"'r'- " ' '~o,,' ~ '1~~ '~~ .;;.~ .:~ ;',,';. "'j~C- ~ '~'; ~ ~ib .(-- '. i .f- (; '~~ ~ ,0/ .'", -i " October 18 I 19851 'B-:~!;l"ri:;~ 1: ~ (jr l,'~.;'tws;'..i. j Sour.ho.l.d.. TOw'n P13.. ?O.Bolt 1179 SClJ,t.::.:old,N@:w ....,'.>; '':::'''i\ir'man B(~,!.iL C. -/'-'_'r"". "".....,::-1', 1:'971. ~- t Re: S;~1 No, 1000-122,-3-4 '0,3. F:le No. 875za .If ".; :*i "-~~ Dear ltt:. Or16\1a~k:.,/ IT'"' '-<".' f ',' _.1<- ~ ,".~ \~~ .~;::- ;it- :";f ?'i t( -I:;',"~ ~ -~ is est::....l'.J;. ; ,~ ~=-..e cost :.;;: '.:'~::\d..ew!"!:',:,~ }.~':~..1':.'~r' of Octoh('Jo, ',:he aj::oveH>>~t,,,d: 19 B 9 shoU;M!'l'/.<S,t applicat.ion as p,,~ exceed $ 300,00 , -.-" ;,,, ,. . ;t;1 ". il " '1t ",' if iq' Nq .t!,o#~ i::. r:~'':~:6S ::~ off ice 'llr;.l:<!laS IW ," '.:,;;.~-c amc\tr.:,t h':'},J.. be undeI"t.a.ke,~:'~jJ1: the P~,c:\nn.irt'J :a'~ard. in.'~'wt'1't.,.-,' . in ;;r:. ~ : ,l g .' '~/~oir~).., " '. '......, J~;.~t.';77f;t~;:;,:: ~. ~ ".,.:: ':;;y PlaAsenotj:~ \,l.~e.l:t.aK.ethe l:e'ii'c'c', ~', .;; .0: ~ P-.!O ......""...'-... <''''''''::'~~fuF_...;ol;, -, , '~""'''''";;'<~~'A~~;~1o' ' .,: :~"~~~t~J;t-!;~~~,~; ~-~M~':~'~"".'~ ;;: -. 13:-, ~~I ~'" :!f" ~~,. ~, =J--:~ ~~. ~ .j,., :::;'it,,"- . ~;;,;,:.,:" -lk;,'{:,' -~h.'\' l~~ ,.'., Itf~" If' ~"1~',:f'! ,;:-f,:::..,~"r;(i; ~:;,. ~i; 212" L..,,(;..;,....,.,, <,,;, ,. .. . J??#ll.fl.:1d. Tow!', l;'iilr,!.l'"~q 3.ca..td i'~.!1ni.le Nu.wer. i6~..1e.2" ';:);i?':}',~;:' . f .. TO: \);NCP~+ N\af(otvc.. c.. J <;'<:\.""'( \?:, \SoWY\" . <;,.;, -LYleli<.c.A Sr,,,,,,, I 'f\.n""'~O S;t,~+: FROM: ADDRESS: DATE: l)"'ce"'beR '7 I \ q B "l CQRr\;n""le. Svb&i\h'S;ON ) -:Jo.me<. ( ue l" I '::c."T/YI ~ 1000 - 1'2.2. - 3-1-f Sf!, ... '675.?8' SUBJECT: COMMENTS: E(\rID~ed ~f'<lS" .QI\C~ reo,'seA 'f:>lctlVc; &Ae6 (')d \'7 ,Q1?'I \hI'S<? \.llt're. r~V\s~~ +0 f>ho..u , _k:t .Jt i c,,,, Q ~\O~ lo+' Tk. ~ot\') & e~~,1'('..e.t\-e. , l\,,~~ k fbn~I1\l~ lSoQ(2~ Qt..Do"A.~ V~() \? I y"o, '----- Signature 1'1 ! f --.;;~ : ! , ' Ii II 'I Iii "IA- I {J Ii . .. <I'!l : i , rJ *- '\' " ~.. ~Q(lA\I'\Q \.e... ,., . . 11lJ~[k~ Sub",;tt@c\. ' ';I I I ___ _____JL ------- ---jC-- - II!_ '" Iii - mill Iii ____J ,~ tM& rt'D(~le<:, ~o.hcK. --'ki' 17. /9 ~~~_ , ",'" -- -." .~ '-.,,',-----. --~- ___,:c::j-,.t ',~'. .."J ,!'i ,.,,11 '. M~ !'_':fT~r I,i.;' """ _:~:J~'-;~~~""",,"'- -'"~;~t{"2.;*~",,,~--,,t:~~,;,;;,Lt;'d'.~--,>i:.:;:';i;:,<,i:_~ At ) ~ 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. I I :1 1'-, II ::! , l'i ,! 'i I., i!l Hi 'i -~-~--~-- -i1" i I \\ (l}ffi (\ \CtA\ L~~~~kLe... I ii , ,,) ~ I '\ ~\l. ~sed- ... rn.GA.....~ (.c"}~ll C ~sl J'd-d-- A-. ( .~u_ r-.-...... ':i i' \:i ,I lij Ii II II J II '" Ii II 1'1 I I I:i 1:1 ii, !'i 'I ~ -~~-j 1;1 ,I II i:i Iii II ':1 .11 Iii :1 --~~----r Iii . 1:1 I I I ii ii -------------- -------,--- -----_.,- . _~.~_-~_~__=..._~----_____;c,,-_.--- - ------~---- -- ------ - , ',_"""',--_m___ --_.._------~--_._-_._...__.- -- . - ',' ,~.,,----~-,. -, ~._. ..'.... .---,--,' --.. Ii ,II Ir ~I ----------- ~._-~---~.~---~-_..~---.-.~~~--- -- - ------------ --. i ,: ~"",;,.-:',":".<t;" r~,,, , : '..,." , " : :,:: ~.-: i }y>:'). .,)'.' ":.\>..1 ;......1 ""i~ ;'/;,'::: ~~:~.. '"d~. ..1 lS"-,Y..... "('\..... "(<1.. Ni-"'~',,,, ,j,:: ~" ;J~ ,- ,.,,,. :-"1 f::i~" ';C. W;;l:: t;'~ r..n<"\ ,_. ~. ,~. ;p ..~l-:~..,."".'...".C.'. " I. ,,' -. .,,'.c,>> ~ .-".. .. , .,.,"''''''=....~- ",:'''''.,'1i~", .\ ','!!I'ft, _.ic,:" '.........'V.i ,i!'l Ill'; rI .~ ~.:;2;';X.~:{'P'" . 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/ /./'// I ,c::;" . / / ! (..?iTULiI:.w--u- . , ~~ ORLOWS.~I,JR. CHAIR.M..A..1>l enc. jt . , 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;~~ "I .,," . -" ." . /- /1 ,/ "., (f' " -- ,'.. , L/'-~'..-..,: ; -~', ... " 'J' "'. ~""-.............;",,,... ."... Bennett Orlowski, Jr. . Chairman jt , COVENANTS & RESTR by "' . .. 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 .!T~:~"':-'''''r'''''--.--'-- , , . . /I " .r;) r. he ,l.dt: P,.el"'l,..e ') . , 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. ...-- , 1 ~ .. ~I ~ ilil =\ -;;;1 , __1 -I =1 -lj :\\ =i - I , ,- - i _I ='.~ "l'~ .i<"~" _. . ::~~:w<-:,. __ ,~,>it\..~~, -1\ : I! ::- ~ : . I" --I =1 _I: 1\ _I iiii) II, ;;1 ~r -, II: . . SUU:UUI.t. i , ...--. East, East, East, 170.00 feet; 103.23 feet; 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 . . :>-..'/ / .-..,--~ , --- / / .-----.- i / ..____ J . '-- . . . . . ' . . .;> . . . . . . . . . . .. ',' 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 ' /, - ,~.~ ~ 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 "")\ "~ ,,;-".X~i~~~.f$>,~~wc,,,~"':!},_~:;"~1t'I:"~[,"""'.lI",,!f",?", ~":,~r~'="~~1F---, ,~,!",_~-r~ ".",0' PT 3551 TO~ OF SOOTHOLD o o 1t,~,~,^, --r~:~~" ..~~,w.~.~:, ? C(' Purchase Order # _-' .:J J I Date (29 C -+0 h> 1<, I ('I I ~ Account # P'e!~o L S, jl\, \,\, ". /) '/ i!'17~ '..w' I vendS"I J\, 'I b I;OM.." 1 So,\/ y ('" /)1",',)012 ~ (( 1'1 .;'IJV. SII1;: ,F ,'lelIJ I /' ~ I Deliver and send billing to: ~ Department 1'\(,1)1'\ Ii" .. Ii ,\ ~ Address ., ~.\~;'\tl\:\ l r.I.:/: 1\, \\ L , /17871 DEPARTMENT BI LLING'COPY ITEM QUANTITY DESCRIPTION UNIT COST TOTAL . Fi., (, \ lc\\ A d .Y' r;\-e. ~ "3 DC, C'O . (et) \~"l.d " , , j CO.Ov A\r ,\ (01(\. I - ( f/'e ! \ {\,r\ I.:: \ '""1 (f\P') , \ I . \ , Sc- "'*'" ' \ ^' /00' '''' ", " 'i , .' - #- R , , ::,)'L '5'7 S . \<'-<<-' ,~ i , , " , 3:)~ ) , , **Return this copy with signed certification and TOWn of Southold voucher itemized and signed 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 " .. '~:':{~':~~l~',/' .' 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OOt- F'raticlt J tV" P'''HhPSC-niOlih JOl!leCllF_3!tOI1t P~UI F SIQw'I'lI,; wl;,i~"" f. $t'i",' JII,t;l'llllrc 8: Web tf 1- ,'i ~:m ,r.1 "f~ I>f[,;!f:c l,,~r' ...-hti' l!;~l"- ,~I ,"'/.".. ,fiI~ ~ j'~ {~T~! ,'--"_.' . j.':t~ ;~ l3I I-i" -1'~.~ L' ''!".; :~ '{Y<4.;~ )"', -;if ,:' '111, .,":' ".J.":", "'Il<' :-f.~ ,,< , "~" ''''- ,,,,,, '.'~. ..j " ' r_"f}I'V"I'~.'n~:.,~, ~~;:';: ~,;~r',~'~ ~,,-:~,~~:~:,,:,P~'i',-"'-' H.i~':t1"llfl"?"", ~~., . . .,p,. .' -.- .. '0 f; f i \ ~ n W ffi rnJ"~ "lUG oel I 8 1989 SOUlHOlO lOARDWN PlANNING BO :~ ~~~~ Orlcwski. ~_. ~-t"'h::,ld '!01.~t1 1?1c.n.nlt~::J P.O.3c-x 1170 ~< '>:"'>-:,101 Ne~N Yc;~'k 1:.97:. ;~..-_.. oj ,.. M..... Or j,oY/ski! , . rn .;;..Ll"'~'1an "S-(),;:..t'::1 ........-, '.Jj__. ,. , - ''ij~~~",o~~:~~''.~:~f'''~_~~t ',-. . ":~ j>,Jfji, -'~~ :~I 'I I'f:. ~K";:, \J~: ';~{ ;-:oti rt t '~~ 'ji ::#: ~ : October 18 I 1989 Re: (",. SCTI~ No. lOOO-li2~3-.4: S.B. Fll~ No..87$~.~. ...."" ~~.:ae~it:.;"':;';;.~>l.<l ~\,'.'" ":.be CO$t ,~::;f~ tz\'tie\4i_:';g :il:"~' },.::;;t'C'l:Jn as ':~'~2';r.,' ....~:..:_~j;-' .~_:)":'ter e,t CCl~-;L;e~- e,,;eed $. 300.00_:~_ the above-nQ1;.ed 1989 shoU.ld.p:ot ;Zc work in ex~eJ~\ ;>f ~hat ::::.ce unless "." i\U c~c;:' oy ?leas~ nct~.fy -'~ :.1nd el:''t Zlkf! t~:e 'r-: ~!~'~~ G:'~~" :)Qu.ehe::"e. rrC,iw!l - '''FC''''''''- .,..,.lr"aken'" .t'; ~'nQ.!-",~ ,.. '" .._.., J.,..~ ,~....\".ie,..., .. s.Jy ,- n_s "".. ~,' ~-;q' ,"'"."~, l' n wr' ti~q \,....u._ -_ ..-..-,.-._.~.~....ns ..!'....Il."'~. c. _ ~. _', -",..l4 .... "f~lce in wri~i~g if wish us to' . Fa..~simile N'l,:;,tn'~;~~:t', '.,,:'~ ;:';")'} ~-"'.';' E,:" ,":~i' .1 .....,..;<..r.' ""., , ~ 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 '/f~<ff~ 00 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 . m 8 .a3e. _-1J 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 0/134 tJ--1 Lf, 11 lceJ:SU ~1l;Se6 \~I!}bI8'\ . 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. \ . ..:~\..: \ ."... . t,:. 11 p (*" i:; 1\ ~ ."" " ~ I ! . .~~ 1 t 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 JL_~ '~. 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. .. . t 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 C:S;'7;';'!'T.,,,,,.,...- : f,"','n,(" -J '("''''1 o ',-,_."",j .:.GLL:;,!:~:~L')<. i.".:l 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<." . . / l ~ 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 . . '. ;.,,'. . ;~\-\ . ....\;-- \ J;:'; ':c..",/<-:')- ./ .'- :-., I ._r' ~r' . ....>~~~:_.,~~~~~:>-':"../ -, ~.. 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 FAK:jas \,.~". J.( ""- :>>'0 ... "'o~~ 'f!o . If, ~ . ~ ~~ "'", ~ ~"'''~ " ( , ,6 , g <'i ... CO) \ - .' iI05 ~5 i ~ ~ ~ l!! ~ In ... ~ , ~ ~ . ~ fI) , I ~ f(j ~ JAMES N 79" 19' '01.88' '03'" ....... W A.(I~(I ... . :p~ VlI" .;.... '8...... 6'( " If- .' ~ . O,~ c. "" ... ., ... "". " Vir' ~~ .. ,." ~: r"'/ooation. of 'Iff.H. - ~.... ob_.at/on. Md '" fr... -.......... -- CREEl( in act:Grd_1IIfIrIt M. ~ ftN titI. _".,a _ ..tllblieMd 4.L8. MIl IfIINOwd Mdlldop,.d ."1e~ TM H.", r.. IIf.f. LMd Th. ",.,., .-I, and a.",. diapoa" aya"'" fo, tw. "rNIdeM. 'I/fiII OfNIfo,m fo Me otandarda of TN ISfdfoIIl C-fy Oop.,,,,,onf of HoMtIJ 80,fIIooo. .. ! . 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// / \ ..'~.'.' .... / ..... I, '; ..,,-/" ":-~;~.-i~. .- i ,/ ~.~<', - ..i;i:,.,;' j t,/"---SiN'Nif1t"ORL2)wiKi, jR~ . CHAIRMAN jt 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. /' '} ( , ~[ !":) ,-..... ,-. I" I " to ", i ' I ;] ; .~ . , : ~ Carol9uylon, 0;;", Jtanay.r rrn'O'\"~D_n I 0 U~, :,.:, , / iJ ~ . l'-__~ I '231889 SOUTHOLO TOWN PLANNING BOARD \ Cardinale & Cardinale ?fllorney" al Eaw 'YMi" 7. Cardinale c5u.ran..li. Guy/ina/e . 'U" ,. ,. .;' , ,:oJ .lLain !Road 7'. Q 210x 7V Yome.porI, X.", Yor.+ //947 (.1/6) 722-4744 Attn: Melissa January 19, 1989 l/do5 ~l Are ~c.:> ~ ~~" Me~ 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. t~ .. 'J \ Jr- " e( 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. ~ ~, -~- 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~~(/ c:ommlNlon &pi,.. -" - ~/ ~. , I I j I ~ er ,~ < he .1 _ I< II " .c ,.,'e....\(: \ 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. '. . .~,. . 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... ~ /' ~. , "h<<I"" lYre;'" ,\C \ II ., . 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: i I ! I I j I , 1 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: ] I 1 1 (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 o w m m . . [L['iJ''iJ'[OO @[f 'iJ'OO~~~[Ki]O'iJ''iJ'~[L SOUTHOLD TOWN PlANNING BOARD ~,' DATE -I, I 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 I ~ 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--. "' COpy TO SIGNED:-p~ " .ncro.".... .... not .. noted, kindly notify ua .t onc.. ,-.J ~ .. ~ ../dlo.-.. 11-1238:3181 . . . t-r -- 11p,,,;;)lf. (ll.fli'lr~ -1\1\. ~lIDfPW ~., ; . ,: i ~! ", ~,',-) (; J Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765.1938 hi \~'! hll G... 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 ms 1 r . 1....: -\ , 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. .'\" .b.l...,~...........-.... " , . ~-"" . ""'.';'; .~'," -" .,~ :C"""'''~h''!, ',',. ," :1',':: ',;" ) r---' " ~, ,_. . .: ~ .: . r'. , 1. ,'Name of S\lIxU.v1s1on ';or Development MOhrinq Enterprises, Inc. ,(, ':y:',\.;':>', .';.:~~ 2.' Property Location :'~ >..'~;: "1' . ;y" . ~-.; ,..-., ',:. ,~. : .,' :-':::j :'. '-.' " " ': i . :'" 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? ' ,,' ';, . - ,.'..,' ,- ,." . -;, B~l andA/R (:I..e., business, reddentia1) , ' ,;, 4 In th:I.. section? 4 , C;"/'(,,' ;,..'1:', . ,- ',,:,:. ,_::'''-,-,: 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'" -.;::" lots: .....- ,.-,' .;.,,'," ':);. " . ;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 ",- ....., ,.,' ",,;' T', i" .,,'; '", 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',; - ~ '13~;/~,,~;t~~pr~pol!ed~c..~~1I\I.PP1)(? ' ~:~'~.:-:-----~- 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? . ... '", "li';,,';';: 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 ::,., . <'--'.'","-. ._------~--------------~------~~----------~---------------------~--------------------,-~----- .,('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~~~ ....;. ----------~~-~-----~-~-----.--.--.~-~:~~-~~~'>--~~-~----~~~~---~~-----~~---~~---~~---~~- , '" ~ BBFIUoEDINBY PROFESSIONALENG%N!:ERANtlWo SURVEYOR, ....' , \ , I ~ I Ii' " '. ,'. ~~.';J~r~ f "",,>~\:'.,fJ'.I'#:J'ifr,""fr~-""','~".''''' . : ~ "'~i[~~~~~:^ : '~':, :'i<'~,;~,:t",){$"':-;~~!' "', ...'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 ", ..,( ~, f ,!: t. -, '. .,.........---......._.'-~..._......-, , ".~-'.._.~---~..,,-.~,-, ,~""'-._~._...'- 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 3 (~~l(/,~--- I, / ' 1,' v'" X X X X X X X X :l( X . a . 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 ~ ,~ .",'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. -- , '- ::0 c: <0'" .- rl'1 r',C: ...., ::0..,.." = ;:=--i"Tt '....0 ~"Ol - ~:' -T\:X ~ :~h~:r. 0 .~.nvO W : ~ ;""",,_c """ ~r-:z: = t-' -t-i - <.:>x-< 00 0 en ..... DEe PERMIT NUMBER 10-85-0923 PROGRAM/FACILITY NUMBER I Page..l.- of ~ N.LA · ~ 00 IF\'1 4/ .. · ,<,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 en .... DEC' 10-85-0923 Page 3 of 3 . . . ~OO[PW r,. 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 r~ \, . ",..c".// fl/ ,/.,..,...........-"t.,. 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~~~~_? ~):AJ- . . 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 \ . ..~. . ....." .. (I " ' '_c,j~l< f're JIA ,\e \ . ~ 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. -~ t -~ 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 ..:i;J?' . 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 - '"', ,